You are on page 1of 125

Criminal Law A branch of municipal law which defines crimes,

treats of their nature and provides for their punishment.


Limitations on the power of Congress to enact penal laws (ON)
1. Must be general in application.
2. Must not partake of the nature of an ex post facto law.
3. Must not partake of the nature of a bill of attainder.
4. Must not impose cruel and unusual punishment or excessive
fines.
Characteristics of Criminal Law:
1. General the law is binding to all persons who reside in the
!hilippines
2. Territorial the law is binding to all crimes committed within the
"ational #erritor$ of the !hilippines
Exception to Territorial Application% &nstances enumerated under
Article 2.
3. Prospective the law does not have an$ retroactive effect.
Exception to Prospective Application% when new statute is
favorable to the accused.
Effect of repeal of penal law to liabilit of offen!er
Total or absolute, or partial or relative repeal. -- As to the effect of
repeal of penal law to the liability of offender, qualify your answer by
saying whether the repeal is absolute or total or whether the repeal
is partial or relative only.
A repeal is absolute or total when the crime punished under the
repealed law has been decriminalied by the repeal. !ecause of the
repeal, the act or omission which used to be a crime is no longer a
crime. An example is "epublic Act #o. $%&%, which decriminalied
subversion.
A repeal is partial or relative when the crime punished under the
repealed law continues to be a crime inspite of the repeal. This
means that the repeal merely modified the conditions affecting the
crime under the repealed law. The modification may be pre'udicial
or beneficial to the offender. (ence, the following rule)
Conse"#ences if repeal of penal law is total or absol#te
*+, &f a case is pending in court involving the violation of the
repealed law, the same shall be dismissed, even though the
accused may be a habitual delinquent.
*-, &f a case is alread$ decided and the accused is alread$
serving sentence b$ final 'udgment, if the convict is not a
habitual delin(uent, then he will be entitled to a release
unless there is a reservation clause in the penal law that it
will not apply to those serving sentence at the time of the
repeal. )ut if there is no reservation, those who are not
habitual delinquents even if they are already serving their
sentence will receive the benefit of the repealing law. They
are entitled to release.
&f the$ are not discharged from confinement, a petition for
habeas corpus should be filed to test the legality of their
continued confinement in 'ail.
1
&f the convict, on the other hand, is a habitual delin(uent, he
will continue serving the sentence in spite of the fact that the
law under which he was convicted has already been
absolutely repealed. This is so because penal laws should
be given retroactive application to favor only those who are
not habitual delinquents.
Conse"#ences if repeal of penal law is partial or relative
*+, &f a case is pending in court involving the violation of the
repealed law, and the repealing law is more favorable to the
accused, it shall be the one applied to him. .o whether he is
a habitual delinquent or not, if the case is still pending in
court, the repealing law will be the one to apply unless there
is a saving clause in the repealing law that it shall not apply
to pending causes of action.
*2+ &f a case is alread$ decided and the accused is alread$
serving sentence b$ final 'udgment, even if the repealing law
is partial or relative, the crime still remains to be a crime.
#hose who are not habitual delin(uents will benefit on the
effect of that repeal, so that if the repeal is more lenient to
them, it will be the repealing law that will henceforth appl$ to
them.
/nder Article --, even if the offender is already convicted
and serving sentence, a law which is beneficial shall be
applied to him unless he is a habitual delinquent in
accordance with "ule 0 of Article &-.
Consequences if repeal of penal law is express or implied
*+, &f a penal law is impliedl$ repealed, the subsequent repeal of
the repealing law will revive the original law. .o the act or
omission which was punished as a crime under the original
law will be revived and the same shall again be crimes
although during the implied repeal they may not be
punishable.

*-, &f the repeal is express, the repeal of the repealing law will
not revive the first law, so the act or omission will no longer
be penalied.
These effects of repeal do not apply to self-repealing laws or those
which have automatic termination. An example is the "ent 1ontrol
2aw which is revived by 1ongress every two years.
Theories of Criminal Law
1. Classical Theor Man is essentiall$ a moral creature with an
absolute free will to choose between good and evil and therefore
more stress is placed upon the result of the felonious act than
upon the criminal himself.
2. Positivist Theor Man is subdued occasionall$ b$ a strange
and morbid phenomenon which conditions him to do wrong in
spite of or contrar$ to his volition.
Eclectic or $i%e! Philosoph
This combines both positivist and classical thin3ing. 1rimes that are
economic and social and nature should be dealt with in a positivist
manner4 thus, the law is more compassionate. (einous crimes
should be dealt with in a classical manner4 thus, capital punishment
2
&'()C $'*)$( )N C+)$)N'L L',
-octrine of Pro +eo
5henever a penal law is to be construed or applied and the law
admits of two interpretations 6 one lenient to the offender and one
strict to the offender 6 that interpretation which is lenient or favorable
to the offender will be adopted.
N#ll#m crimen. n#lla poena sine lege
There is no crime when there is no law punishing the same. This is
true to civil law countries, but not to common law countries.
!ecause of this maxim, there is no common law crime in the
Philippines. #o matter how wrongful, evil or bad the act is, if there is
no law defining the act, the same is not considered a crime.
'ct#s non facit re#m. nisi mens sit rea
The act cannot be criminal where the mind is not criminal. This is
true to a felony characteried by dolo, but not a felony resulting from
culpa. This maxim is not an absolute one because it is not applied
to culpable felonies, or those that result from negligence.
/tilitarian Theor or Protective Theor
The primary purpose of the punishment under criminal law is the
protection of society from actual and potential wrongdoers. The
courts, therefore, in exacting retribution for the wronged society,
should direct the punishment to potential or actual wrongdoers, since
criminal law is directed against acts and omissions which the society
does not approve. 1onsistent with this theory, the mala prohibita
principle which punishes an offense regardless of malice or criminal
intent, should not be utilied to apply the full harshness of the special
law.
(o#rces of Criminal Law
1. #he ,evised !enal -ode
2. .pecial !enal /aws Acts enacted of the !hilippine /egislature
punishing offenses or omissions.
Constr#ction of Penal Laws
1. -riminal .tatutes are liberall$ construed in favor of the offender.
#his means that no person shall be brought within their terms
who is not clearl$ within them, nor should an$ act be pronounced
criminal which is not clearl$ made so b$ statute.
2. #he original text in which a penal law is approved in case of a
conflict with an official translation.
3. &nterpretation b$ analog$ has no place in criminal law
$'L' )N (E 'N- $'L' P+O0)&)T'
7iolations of the "evised Penal 1ode are referred to as malum in
se, which literall$ means, that the act is inherentl$ evil or bad or per
se wrongful. 0n the other hand, violations of special laws are
generall$ referred to as malum prohibitum.
3
"ote, however, that not all violations of special laws are mala
prohibita. 1hile intentional felonies are alwa$s mala in se, it does
not follow that prohibited acts done in violation of special laws are
alwa$s mala prohibita. 2ven if the crime is punished under a special
law, if the act punished is one which is inherentl$ wrong, the same is
malum in se, and, therefore, good faith and the lack of criminal intent
is a valid defense3 unless it is the product of criminal negligence or
culpa.
/ikewise when the special laws re(uires that the punished act be
committed knowingl$ and willfull$, criminal intent is re(uired to be
proved before criminal liabilit$ ma$ arise.
1hen the act penali4ed is not inherentl$ wrong, it is wrong onl$
because a law punishes the same.
-istinction between crimes p#nishe! #n!er the +evise! Penal
Co!e an! crimes p#nishe! #n!er special laws
1. As to moral trait of the offender
&n crimes punished under the ,evised !enal -ode, the
moral trait of the offender is considered. #his is wh$ liabilit$
would onl$ arise when there is dolo or culpa in the
commission of the punishable act.
&n crimes punished under special laws, the moral trait of the
offender is not considered3 it is enough that the prohibited
act was voluntaril$ done.
2. As to use of good faith as defense
&n crimes punished under the ,evised !enal -ode, good
faith or lack of criminal intent is a valid defense3 unless the
crime is the result of culpa
&n crimes punished under special laws, good faith is not a
defense
3. As to degree of accomplishment of the crime
&n crimes punished under the ,evised !enal -ode, the
degree of accomplishment of the crime is taken into account
in punishing the offender3 thus, there are attempted,
frustrated, and consummated stages in the commission of
the crime.
&n crimes punished under special laws, the act gives rise to a
crime onl$ when it is consummated3 there are no attempted
or frustrated stages, unless the special law expressl$
penali4e the mere attempt or frustration of the crime.
4. As to mitigating and aggravating circumstances
&n crimes punished under the ,evised !enal -ode,
mitigating and aggravating circumstances are taken into
account in imposing the penalt$ since the moral trait of the
offender is considered.
4
&n crimes punished under special laws, mitigating and
aggravating circumstances are not taken into account in
imposing the penalt$.
5. As to degree of participation
&n crimes punished under the ,evised !enal -ode, when
there is more than one offender, the degree of participation
of each in the commission of the crime is taken into account
in imposing the penalt$3 thus, offenders are classified as
principal, accomplice and accessor$.
&n crimes punished under special laws, the degree of
participation of the offenders is not considered. All who
perpetrated the prohibited act are penali4ed to the same
extent. #here is no principal or accomplice or accessor$ to
consider.
Test to !etermine if violation of special law is mal#m prohibit#m
or mal#m in se
Analye the violation) 8s it wrong because there is a law prohibiting it
or punishing it as such9 8f you remove the law, will the act still be
wrong9
8f the wording of the law punishing the crime uses the word :willfully;,
then malice must be proven. 5here malice is a factor, good faith is
a defense.
8n violation of special law, the act constituting the crime is a
prohibited act. Therefore culpa is not a basis of liability, unless the
special law punishes an omission.
5hen given a problem, ta3e note if the crime is a violation of the
"evised Penal 1ode or a special law.
'rt1 21 This Co!e shall ta3e effect on 4an#ar 2. 25671
'rt1 71 E%cept as provi!e! in the treaties an! laws of
preferential application. the provisions of this Co!e shall be
enforce! not onl within the Philippine 'rchipelago incl#!ing
its atmosphere. its interior waters an! $aritime 8one. b#t also
o#tsi!e of its 9#ris!iction. against those who:
21 (ho#l! commit an offense while on a Philippine ship
or airship:
71 (ho#l! forge or co#nterfeit an coin or c#rrenc note
of the Philippine )slan!s or obligations an! sec#rities iss#e! b
the Government of the Philippine )slan!s:
61 (ho#l! be liable for acts connecte! with the
intro!#ction into these islan!s of the obligations an! sec#rities
mentione! in the prece!ing n#mber:
;1 ,hile being p#blic officers or emploees. sho#l!
commit an offense in the e%ercise of their f#nctions: or *.ome of
these crimes are bribery, fraud against national treasury,
malversation of public funds or property, and illegal use of public
funds4 e.g., A 'udge who accepts a bribe while in <apan.,
<1 (ho#l! commit an crimes against the national
sec#rit an! the law of nations. !efine! in Title One of &oo3
Two of this Co!e1 *These crimes include treason, espionage,
piracy, mutiny, and violation of neutrality,
5
Rules as to crimes committed aboard foreign merchant
vessels%
1. =rench +#le .uch crimes are not triable in the courts of
that countr$, unless their commission affects the peace and
securit$ of the territor$ or the safet$ of the state is
endangered.
2. English +#le .uch crimes are triable in that countr$,
unless the$ merel$ affect things within the vessel or the$
refer to the internal management thereof. *#his is applicable
in the !hilippines+
two situations where the foreign country may not apply its criminal
law even if a crime was committed on board a vessel within its
territorial waters and these are)
*+, 5hen the crime is committed in a war vessel of a foreign
country, because war vessels are part of the sovereignty of
the country to whose naval force they belong4
*-, 5hen the foreign country in whose territorial waters the
crime was committed adopts the French Rule, which
applies only to merchant vessels, except when the crime
committed affects the national security or public order of
such foreign country.
Requirements of an offense committed while on a
Philippine hip or !irship6
1. ,egistered with the !hilippine )ureau of -ustoms
2. .hip must be in the high seas or the airship must be in
international airspace.
/nder international law rule, a vessel which is not registered in
accordance with the laws of any country is considered a pirate
vessel and piracy is a crime against humanity in general, such that
wherever the pirates may go, they can be prosecuted.
/. v. !ull
A crime which occurred on board of a foreign vessel, which
began when the ship was in a foreign territor$ and continued when it
entered into !hilippine waters, is considered a continuing crime.
7ence within the 'urisdiction of the local courts.
As a general rule, the "evised Penal 1ode governs only when the
crime committed pertains to the exercise of the public official=s
functions, those having to do with the discharge of their duties in a
foreign country. The functions contemplated are those, which are,
under the law, to be performed by the public officer in the >oreign
.ervice of the Philippine government in a foreign country.
Exception) The "evised Penal 1ode governs if the crime was
committed within the Philippine Embassy or within the embassy
grounds in a foreign country. This is because embassy grounds are
considered an extension of sovereignty.
Paragraph 0 of Article -, use the phrase :as defined in Title ?ne of
!oo3 Two of this 1ode.;
This is a very important part of the exception, because Title 8 of !oo3
- *crimes against national security, does not include rebellion.
'rt 61 'cts an! omissions p#nishable b law are felonies1
!cts an overt or external act
6
"mission failure to perform a dut$ re(uired b$ law. Example
of an omission% failure to render assistance to an$one who is in
danger of d$ing or is in an uninhabited place or is wounded 8
abandonment.
Felonies 8 acts and omissions punishable b$ the ,evised !enal
-ode
Crime 8 acts and omissions punishable b$ an$ law
1hat re(uisites must concur before a felon$ ma$ be
committed9
There must be *+, an act or omission4 *-, punishable by the
"evised Penal 1ode4 and *%, the act is performed or the omission
incurred by means of dolo or culpa.
#ow felonies are committed%
1. b means of !eceit (dolo) 8 #here is deceit when the act is
performed with deliberate intent.
Requisites$
a. freedom
b. intelligence
c. intent
Examples% murder, treason, and robber$.
1riminal intent is not necessary in these cases)
*+, 5hen the crime is the product of culpa or
negligence, rec3less imprudence, lac3 of foresight or lac3 of s3ill4
*-, 5hen the crime is a prohibited act under a special
law or what is called malum prohibitum.
8n criminal law, intent is categoried into two)
*+, @eneral criminal intent4 and
*-, .pecific criminal intent.
@eneral criminal intent is presumed from the mere doing of a wrong
act. This does not require proof. The burden is upon the wrong doer
to prove that he acted without such criminal intent.

.pecific criminal intent is not presumed because it is an ingredient or
element of a crime, li3e intent to 3ill in the crimes of attempted or
frustrated homicideAparricideAmurder. The prosecution has the
burden of proving the same.
Bistinction between intent and discernment
8ntent is the determination to do a certain thing, an aim or purpose of
the mind. 8t is the design to resolve or determination by which a
person acts.
?n the other hand, discernment is the mental capacity to tell right
from wrong. 8t relates to the moral significance that a person
7
ascribes to his act and relates to the intelligence as an element of
dolo, distinct from intent.
Bistinction between intent and motive
8ntent is demonstrated by the use of a particular means to bring
about a desired result 6 it is not a state of mind or a reason for
committing a crime.
?n the other hand, motive implies motion. 8t is the moving power
which impels one to do an act. 5hen there is motive in the
commission of a crime, it always comes before the intent. !ut a
crime may be committed without motive.
8f the crime is intentional, it cannot be committed without intent.
8ntent is manifested by the instrument used by the offender. The
specific criminal intent becomes material if the crime is to be
distinguished from the attempted or frustrated stage.
2. b% means of fault &culpa' 8 #here is fault when the
wrongful act results from imprudence, negligence, lack of
foresight, or lack of skill.
a. (mprudence 8 deficienc$ of action3 e.g. A was driving a
truck along a road. 7e hit ) because it was raining 8
reckless imprudence.
b. )egligence * deficienc$ of perception3 failure to foresee
impending danger, usuall$ involves lack of foresight
c. Requisites$
1. :reedom
2. &ntelligence
3. &mprudence, negligence, lack of skill or foresight
4. /ack of intent
The concept of criminal negligence is the inexcusable lac3 of
precaution on the part of the person performing or failing to perform
an act. 8f the danger impending from that situation is clearly
manifest, you have a case of rec3less imprudence. !ut if the danger
that would result from such imprudence is not clear, not manifest nor
immediate you have only a case of simple negligence.
$ista3e of fact 8 is a misapprehension of fact on the part of the
person who caused in'ur$ to another. 7e is not criminall$ liable.
a. Requisites%
1. that the act done would have been lawful had the facts
been as the accused believed them to be3
2. intention of the accused is lawful3
3. mistake must be without fault of carelessness.
2xample) /nited .tates v. Ah 1hong.
Ah -hong being afraid of bad elements, locked
himself in his room b$ placing a chair against the door. After
having gone to bed, he was awakened b$ somebod$ who
was tr$ing to open the door. 7e asked the identit$ of the
person, but he did not receive a response. :earing that this
intruder was a robber, he leaped out of bed and said that he
will kill the intruder should he attempt to enter. At that
moment, the chair struck him. )elieving that he was
attacked, he sei4ed a knife and fatall$ wounded the intruder.
Cista3e of fact would be relevant only when the felony would have
been intentional or through dolo, but not when the felony is a result
8
of culpa. 5hen the felony is a product of culpa, do not discuss
mista3e of fact.
'rt1 ;1 Criminal liabilit shall be inc#rre!:
21 & an person committing a felon. altho#gh the
wrongf#l act !one be !ifferent from that which he inten!e!1
Article 4, paragraph 1 presupposes that the act done is the
proximate cause of the resulting felon$. &t must be the direct, natural,
and logical conse(uence of the felonious act.
-auses which produce a different result%
a. +ista,e in identit% of the victim in'uring one person who
is mistaken for another *this is a complex crime under Art.
4;+ e.g., A intended to shoot ), but he instead shot -
because he *A+ mistook - for ).
8n error in personae, the intended victim was not at the scene
of the crime. 8t was the actual victim upon whom the blow was
directed, but he was not really the intended victim.
(ow does error in personae affect criminal liability of the offender9
Error in personae is mitigating if the crime committed is different from
that which was intended. 8f the crime committed is the same as that
which was intended, error in personae does not affect the criminal
liability of the offender.
8n mista3e of identity, if the crime committed was the same as the
crime intended, but on a different victim, error in persona does not
affect the criminal liability of the offender. !ut if the crime committed
was different from the crime intended, Article DE will apply and the
penalty for the lesser crime will be applied. 8n a way, mista3e in
identity is a mitigating circumstance where Article DE applies. 5here
the crime intended is more serious than the crime committed, the
error in persona is not a mitigating circumstance
b. +ista,e in blow hitting somebod$ other than the target
due to lack of skill or fortuitous instances *this is a complex
crime under Art. 4;+ e.g., ) and - were walking together. A
wanted to shoot ), but he instead in'ured -.
8n aberratio ictus, a person directed the blow at an intended
victim, but because of poor aim, that blow landed on somebody else.
8n aberratio ictus, the intended victim as well as the actual victim are
both at the scene of the crime.
aberratio ictus, generally gives rise to a complex crime. This
being so, the penalty for the more serious crime is imposed in the
maximum period.
c. (n-urious result is greater than that intended causing
in'ur$ graver than intended or expected *this is a mitigating
circumstance due to lack of intent to commit so grave a
wrong under Art. 13+ e.g., A wanted to in'ure ). 7owever, )
died.
praeter intentionem is mitigating, particularly covered by
paragraph % of Article +%. 8n order however, that the situation may
qualify as praeter intentionem, there must be a notable disparity
between the means employed and the resulting felony
9
&n all these instances the offender can still be held criminall$
liable, since he is motivated b$ criminal intent.
Requisites%
a. the felon$ was intentionall$ committed
b. the felon$ is the proximate cause of the wrong done
.octrine of Proximate Cause such ade(uate and efficient
cause as, in the natural order of events, and under the particular
circumstances surrounding the case, which would necessaril$
produce the event.
Requisites%
a. the direct, natural, and logical cause
b. produces the in'ur$ or damage
c. unbroken b$ an$ sufficient intervening cause
d. without which the result would not have occurred
Proximate 1ause is negated by)
a. Active force, distinct act, or fact absolutel$ foreign from
the felonious act of the accused, which serves as a
sufficient intervening cause.
b. ,esulting in'ur$ or damage is due to the intentional act of
the victim.
proximate cause does not require that the offender needs to
actually touch the body of the offended party. 8t is enough that the
offender generated in the mind of the offended party the belief that
made him ris3 himself.
"equisite for Presumption blow was cause of the death 1here
there has been an in'ur$ inflicted sufficient to produce death
followed b$ the demise of the person, the presumption arises
that the in'ur$ was the cause of the death. !rovided%
a. victim was in normal health
b. death ensued within a reasonable time
The one who caused the proximate cause is the one liable. The
one who caused the immediate cause is also liable, but merely
contributory or sometimes totally not liable.
71 & an person performing an act which wo#l! be an
offense against persons or propert. were it not for the inherent
impossibilit of its accomplishment or on acco#nt of the
emploment of ina!e"#ate or ineffect#al means1
,e(uisites% ()$PO(()&LE C+)$E)
a. Act would have been an offense against persons or propert$
b. Act is not an actual violation of another provision of the -ode
or of a special penal law
c. #here was criminal intent
d. Accomplishment was inherentl$ impossible3 or inade(uate or
ineffectual means were emplo$ed.
"otes%
a. 0ffender must believe that he can consummate the intended
crime, a man stabbing another who he knew was alread$
dead cannot be liable for an impossible crime.
b. #he law intends to punish the criminal intent.
c. #here is no attempted or frustrated impossible crime.
10
>elonies against persons% parricide, murder, homicide,
infanticide, ph$sical in'uries, etc.
>elonies against property) robber$, theft, usurpation, swindling,
etc.
8nherent impossibility% A thought that ) was 'ust sleeping. ) was
alread$ dead. A shot ). A is liable. &f A knew that ) is dead and
he still shot him, then A is not liable.
5hen we say inherent impossibility, this means that under
any and all circumstances, the crime could not have materialied. 8f
the crime could have materialied under a different set of facts,
employing the same mean or the same act, it is not an impossible
crime4 it would be an attempted felony.
Employment of inadequate means% A used poison to kill ).
7owever, ) survived because A used small (uantities of poison 8
frustrated murder.
8neffectual means% A aimed his gun at ). 1hen he fired the gun,
no bullet came out because the gun was empt$. A is liable.
5henever you are confronted with a problem where the facts
suggest that an impossible crime was committed, be careful about
the question as3ed. 8f the question as3ed is) :8s an impossible crime
committed9;, then you 'udge that question on the basis of the facts.
8f really the facts constitute an impossible crime, then you suggest
than an impossible crime is committed, then you state the reason for
the inherent impossibility.
8f the question as3ed is :8s he liable for an impossible crime9;,
this is a catching question. Even though the facts constitute an
impossible crime, if the act done by the offender constitutes some
other crimes under the "evised Penal 1ode, he will not be liable for
an impossible crime. (e will be prosecuted for the crime constituted
so far by the act done by him.
this idea of an impossible crime is a one of last resort, 'ust to
teach the offender a lesson because of his criminal perversity. 8f he
could be taught of the same lesson by charging him with some other
crime constituted by his act, then that will be the proper way. 8f you
want to play safe, you state there that although an impossible crime
is constituted, yet it is a principle of criminal law that he will only be
penalied for an impossible crime if he cannot be punished under
some other provision of the "evised Penal 1ode.
'rt <1 ,henever a co#rt has 3nowle!ge of an act which it ma
!eem proper to repress an! which is not p#nishable b law. it
shall ren!er the proper !ecision an! shall report to the Chief
E%ec#tive. thro#gh the -epartment of 4#stice. the reasons
which in!#ce the co#rt to believe that sai! act sho#l! be ma!e
s#b9ect of legislation1
)n the same wa the co#rt shall s#bmit to the Chief
E%ec#tive. thro#gh the -epartment of 4#stice. s#ch statement
as ma be !eeme! proper. witho#t s#spen!ing the e%ec#tion of
the sentence. when a strict enforcement of the provisions of
this Co!e wo#l! res#lt in the imposition of a clearl e%cessive
penalt. ta3ing into consi!eration the !egree of malice an! the
in9#r ca#se! b the offense1
5hen a person is charged in court, and the court finds that
there is no law applicable, the court will acquit the accused and the
'udge will give his opinion that the said act should be punished.
!aragraph 2 does not appl$ to crimes punishable b$ special law,
including profiteering, and illegal possession of firearms or drugs.
#here can be no executive clemenc$ for these crimes.
11
'rt1 >1 Cons#mmate! felonies. as well as those which are
fr#strate! an! attempte!. are p#nishable1
' felon is cons#mmate! when all the elements necessar
for its e%ec#tion an! accomplishment are present: an! it is
fr#strate! when the offen!er performs all the acts of e%ec#tion
which wo#l! pro!#ce the felon as a conse"#ence b#t which.
nevertheless. !o not pro!#ce it b reason of ca#ses
in!epen!ent of the will of the perpetrator1
There is an attempt when the offen!er commences the
commission of a felon !irectl b overt acts. an! !oes not
perform all the acts of e%ec#tion which sho#l! pro!#ce the
felon b reason of some ca#se or acci!ent other than his own
spontaneo#s !esistance1
Bevelopment of a crime
1. &nternal acts intent and plans3 usuall$ not punishable
2. 2xternal acts
a. !reparator$ Acts acts tending toward the crime
b. Acts of 2xecution acts directl$ connected the crime
tages of Commission of a Crime
!ttempt Frustrated
0vert acts of execution are
started
"ot all acts of execution are
present
<ue to reasons other than
the spontaneous desistance
All acts of execution are
present
-rime sought to be
committed is not achieved
<ue to intervening causes
independent of the will of the

of the perpetrator perpetrator


.tages of a 1rime does not apply in%
1. 0ffenses punishable b$ .pecial !enal /aws, unless the
otherwise is provided for.
2. :ormal crimes *e.g., slander, adulter$, etc.+
3. &mpossible -rimes
4. -rimes consummated b$ mere attempt. Examples) attempt
to flee to an enem$ countr$, treason, corruption of minors.
5. :elonies b$ omission
=. -rimes committed b$ mere agreement. Examples)
betting in sports *endings in basketball+, corruption
of public officers.
-esistance
Besistance on the part of the offender negates criminal liability
in the attempted stage. Besistance is true only in the attempted
stage of the felony. 8f under the definition of the felony, the act done
is already in the frustrated stage, no amount of desistance will
negate criminal liability.
The spontaneous desistance of the offender negates only the
attempted stage but not necessarily all criminal liability. Even
though there was desistance on the part of the offender, if the
desistance was made when acts done by him already resulted to a
felony, that offender will still be criminally liable for the felony brought
about his act
8n deciding whether a felony is attempted or frustrated or
consummated, there are three criteria involved)
12
*+, The manner of committing the crime4
*-, The elements of the crime4 and
*%, The nature of the crime itself.
Applications)
a. A put poison in )>s food. ) threw awa$ his food. A is liable 8
attempted murder.
1
b. A stole )>s car, but he returned it. A is liable 8
*consummated, theft.
c. A aimed his gun at ). - held A>s hand and prevented him
from shooting ) 8 attempted murder.
d. A inflicted a mortal wound on ). ) managed to survive 8
frustrated murder.
e. A intended to kill ) b$ shooting him. A missed 8 attempted
murder.
f. A doused )>s house with kerosene. )ut before he could light
the match, he was caught 8 attempted arson.
g. A cause a bla4e, but did not burn the house of ) 8 frustrated
arson.
h. )>s house was set on fire b$ A 8 *consummated, arson.
i. A tried to rape ). ) managed to escape. #here was no
penetration 8 attempted rape.
1
The difference between murder and homicide will be discussed in
Criminal Law ! These crimes are found in "rticles 248 and 249# $oo%
of the &e'ised (enal Code!

'. A got hold of )>s painting. A was caught before he could
leave )>s house 8 frustrated robbery.
-
The attempted stage is said to be within the sub'ective phase
of execution of a felony. ?n the sub'ective phase, it is that point in
time when the offender begins the commission of an overt act until
that point where he loses control of the commission of the crime
already. 8f he has reached that point where he can no longer control
the ensuing consequence, the crime has already passed the
sub'ective phase and, therefore, it is no longer attempted. The
moment the execution of the crime has already gone to that point
where the felony should follow as a consequence, it is either already
frustrated or consummated. 8f the felony does not follow as a
consequence, it is already frustrated. 8f the felony follows as a
consequence, it is consummated.
although the offender may not have done the act to bring about
the felony as a consequence, if he could have continued committing
those acts but he himself did not proceed because he believed that
he had done enough to consummate the crime, .upreme 1ourt said
the sub'ective phase has passed
#?TE. ?# A".?#4
The weight of the authority is that the crime of arson cannot be
committed in the frustrated stage. The reason is because we can
hardly determine whether the offender has performed all the acts of
execution that would result in arson, as a consequence, unless a
part of the premises has started to burn. ?n the other hand, the
moment a particle or a molecule of the premises has blac3ened, in
law, arson is consummated. This is because consummated arson
does not require that the whole of the premises be burned. 8t is
enough that any part of the premises, no matter how small, has
begun to burn.
2
The difference between theft and robber) will be discussed in
Criminal Law ! These crimes are found in Title Ten# Cha*ters +ne and
Three# $oo% of the &e'ised (enal Code!
13

E.TA>A 7.. T(E>T
8n estafa, the offender receives the property4 he does not ta3e
it. !ut in receiving the property, the recipient may be committing
theft, not estafa, if what was transferred to him was only the physical
or material possession of the ob'ect. 8t can only be estafa if what
was transferred to him is not only material or physical possession
but 'uridical possession as well.
5hen you are discussing estafa, do not tal3 about intent to
gain. 8n the same manner that when you are discussing the crime of
theft, do not tal3 of damage.
Nat#re of the crime itself
8n crimes involving the ta3ing of human life 6 parricide,
homicide, and murder 6 in the definition of the frustrated stage, it is
indispensable that the victim be mortally wounded. /nder the
definition of the frustrated stage, to consider the offender as having
performed all the acts of execution, the acts already done by him
must produce or be capable of producing a felony as a
consequence. The general rule is that there must be a fatal in'ury
inflicted, because it is only then that death will follow.
8f the wound is not mortal, the crime is only attempted. The
reason is that the wound inflicted is not capable of bringing about the
desired felony of parricide, murder or homicide as a consequence4 it
cannot be said that the offender has performed all the acts of
execution which would produce parricide, homicide or murder as a
result.
An exception to the general rule is the so-called sub'ective
phase. The .upreme 1ourt has decided cases which applied the
sub'ective standard that when the offender himself believed that he
had performed all the acts of execution, even though no mortal
wound was inflicted, the act is already in the frustrated stage.
The common notion is that when there is conspiracy involved,
the participants are punished as principals. This notion is no longer
absolute. 8n the case of People v. )ierra, the .upreme 1ourt ruled
that even though there was conspiracy, if a co-conspirator merely
cooperated in the commission of the crime with insignificant or
minimal acts, such that even without his cooperation, the crime could
be carried out as well, such co-conspirator should be punished as an
accomplice only.
'rt1 ?1 Light felonies are p#nishable onl when the have been
cons#mmate! with the e%ception of those committe! against
persons or propert1
Examples of light felonies% slight ph$sical in'uries3 theft3 alteration
of boundar$ marks3 malicious mischief3 and intriguing against
honor.
&n commission of crimes against properties and persons, ever$
stage of execution is punishable but onl$ the principals and
accomplices are liable for light felonies, accessories are not.
'rt1 @1 Conspirac an! proposal to commit felon are
p#nishable onl in the cases in which the law speciall provi!es
a penalt therefore1
' conspirac e%ists when two or more persons come to
an agreement concerning the commission of a felon an!
!eci!e to commit it1
There is proposal when the person who has !eci!e! to
commit a felon proposes its e%ec#tion to some other person or
persons1
14
1onspiracy is punishable in the following cases% treason,
rebellion or insurrection, sedition, and monopolies and
combinations in restraint of trade.
1onspiracy to commit a crime is not to be confused with
conspiracy as a means of committing a crime. &n both cases
there is an agreement but mere conspirac$ to commit a crime is
not punished 2?-2!# in treason, rebellion, or sedition. 2ven
then, if the treason is actuall$ committed, the conspirac$ will be
considered as a means of committing it and the accused will all
be charged for treason and not for conspirac$ to commit treason.

-onspirac$ and !roposal to -ommit a -rime
-onspirac$
2lements Agreement among 2 or more
persons to commit a crime
#he$ decide to commit it
A person has decided to commit a crime
7e proposes its commission to another
-rimes 1. -onspirac$ to commit sedition
2. -onspirac$ to commit rebellion
3. -onspirac$ to commit treason
1. !roposal to commit treason
2. !roposal to commit rebellion

Mere conspirac$ in combination in restraint of trade *Art. 1;=+,
and brigandage *Art. 3@=+.
Two ways for conspiracy to exist)
*+, There is an agreement.
*-, The participants acted in concert or simultaneously which is
indicative of a meeting of the minds towards a common
criminal goal or criminal ob'ective. 5hen several offenders
act in a synchronied, coordinated manner, the fact that their
acts complimented each other is indicative of the meeting of
the minds. There is an implied agreement.
Two 3inds of conspiracy)
*+, 1onspiracy as a crime4 and
*-, 1onspiracy as a manner of incurring criminal liability
5hen conspiracy itself is a crime, no overt act is necessary to
bring about the criminal liability. The mere conspiracy is the crime
itself. This is only true when the law expressly punishes the mere
conspiracy4 otherwise, the conspiracy does not bring about the
commission of the crime because conspiracy is not an overt act but
a mere preparatory act. Treason, rebellion, sedition, and coup d=etat
are the only crimes where the conspiracy and proposal to commit to
them are punishable.
5hen the conspiracy is only a basis of incurring criminal
liability, there must be an overt act done before the co-conspirators
become criminally liable. >or as long as none of the conspirators has
committed an overt act, there is no crime yet. !ut when one of them
commits any overt act, all of them shall be held liable, unless a co-
conspirator was absent from the scene of the crime or he showed
up, but he tried to prevent the commission of the crime
15
As a general rule, if there has been a conspiracy to commit a
crime in a particular place, anyone who did not appear shall be
presumed to have desisted. The exception to this is if such person
who did not appear was the mastermind.
>or as long as none of the conspirators has committed an overt
act, there is no crime yet. !ut when one of them commits any overt
act, all of them shall be held liable, unless a co-conspirator was
absent from the scene of the crime or he showed up, but he tried to
prevent the commission of the crime
As a general rule, if there has been a conspiracy to commit a
crime in a particular place, anyone who did not appear shall be
presumed to have desisted. The exception to this is if such person
who did not appear was the mastermind.

5hen the conspiracy itself is a crime, this cannot be inferred or
deduced because there is no overt act. All that there is the
agreement. ?n the other hand, if the co-conspirator or any of them
would execute an overt act, the crime would no longer be the
conspiracy but the overt act itself
conspiracy as a crime, must have a clear and convincing
evidence of its existence. Every crime must be proved beyond
reasonable doubt. it must be established by positive and conclusive
evidence, not by con'ectures or speculations.

5hen the conspiracy is 'ust a basis of incurring criminal liability,
however, the same may be deduced or inferred from the acts of
several offenders in carrying out the commission of the crime. The
existence of a conspiracy may be reasonably inferred from the acts
of the offenders when such acts disclose or show a common pursuit
of the criminal ob'ective.
mere 3nowledge, acquiescence to, or approval of the act,
without cooperation or at least, agreement to cooperate, is not
enough to constitute a conspiracy. There must be an intentional
participation in the crime with a view to further the common felonious
ob'ective.
5hen several persons who do not 3now each other
simultaneously attac3 the victim, the act of one is the act of all,
regardless of the degree of in'ury inflicted by any one of them. All
will be liable for the consequences. A conspiracy is possible even
when participants are not 3nown to each other. Bo not thin3 that
participants are always 3nown to each other.
1onspiracy is a matter of substance which must be alleged in
the information, otherwise, the court will not consider the same.
Proposal is true only up to the point where the party to whom
the proposal was made has not yet accepted the proposal. ?nce the
proposal was accepted, a conspiracy arises. Proposal is unilateral,
one party ma3es a proposition to the other4 conspiracy is bilateral, it
requires two parties.
.2<&#&0"3
Proposal to commit sedition is not a crime. !ut if /nion ! accepts
the proposal, there will be conspiracy to commit sedition which is a
crime under the "evised Penal 1ode.
Composite crimes
1omposite crimes are crimes which, in substance, consist of
more than one crime but in the eyes of the law, there is only one
crime. >or example, the crimes of robbery with homicide, robbery
with rape, robbery with physical in'uries.
16
8n case the crime committed is a composite crime, the
conspirator will be liable for all the acts committed during the
commission of the crime agreed upon. This is because, in the eyes
of the law, all those acts done in pursuance of the crime agreed
upon are acts which constitute a single crime.
As a general rule, when there is conspiracy, the rule is that the
act of one is the act of all. This principle applies only to the crime
agreed upon.
The exception is if any of the co-conspirator would commit a
crime not agreed upon. This happens when the crime agreed upon
and the crime committed by one of the co-conspirators are distinct
crimes.
Exception to the exception) 8n acts constituting a single
indivisible offense, even though the co-conspirator performed
different acts bringing about the composite crime, all will be liable for
such crime. They can only evade responsibility for any other crime
outside of that agreed upon if it is proved that the particular
conspirator had tried to prevent the commission of such other act
'rt1 51 Grave felonies are those to which the law attaches the
capital p#nishment or penalties which in an of their are
afflictive. in accor!ance with 'rticle 7< of this Co!e1
Less grave felonies are those which the law p#nishes
with penalties which in their ma%im#m perio! are correctional.
in accor!ance with the aboveAmentione! article1
Light felonies are those infractions of law for the
commission of which he penalt of arresto ma%or or a fine not
e%cee!ing 7BB pesos. or both is provi!e!1
-apital punishment 8 death penalt$.
!enalties *imprisonment+% Arave 8 six $ears and one da$ to
reclusion perpetua *life+3 /ess grave 8 one month and one da$ to
six $ears3 /ight 8 arresto menor *one da$ to 3@ da$s+.
CL'(()=)C'T)ON O= =ELON)E(
This question was as3ed in the bar examination) (ow do you classify
felonies or how are felonies classified9
5hat the examiner had in mind was Articles %, & and E. Bo not write
the classification of felonies under !oo3 - of the "evised Penal
1ode. That was not what the examiner had in mind because the
question does not require the candidate to classify but also to define.
Therefore, the examiner was after the classifications under Articles
%, & and E.
:elonies are classified as follows%
*1+ According to the manner of their commission
/nder Article %, they are classified as, intentional felonies or
those committed with deliberate intent4 and culpable felonies
or those resulting from negligence, rec3less imprudence,
lac3 of foresight or lac3 of s3ill.
*-, According to the stages of their execution
/nder Article &., felonies are classified as attempted felony
when the offender commences the commission of a felony
directly by overt acts, and does not perform all the acts of
17
execution which should produce the felony by reason of
some cause or accident other than his own spontaneous
desistance4 frustrated felony when the offender commences
the commission of a felony as a consequence but which
would produce the felony as a consequence but which
nevertheless do not produce the felony by reason of causes
independent of the perpetrator4 and, consummated felony
when all the elements necessary for its execution are
present.
*3+ According to their gravity
/nder Article E, felonies are classified as grave felonies or
those to which attaches the capital punishment or penalties
which in any of their periods are afflictive4 less grave felonies
or those to which the law punishes with penalties which in
their maximum period was correccional4 and light felonies or
those infractions of law for the commission of which the
penalty is arresto menor.
5hy is it necessary to determine whether the crime is grave, less
grave or light9
To determine whether these felonies can be complexed or not, and
to determine the prescription of the crime and the prescription of the
penalty. 8n other words, these are felonies classified according to
their gravity, stages and the penalty attached to them. Ta3e note
that when the "evised Penal 1ode spea3s of grave and less grave
felonies, the definition ma3es a reference specifically to Article -0 of
the "evised Penal 1ode. Bo not omit the phrase :8n accordance
with Article -0; because there is also a classification of penalties
under Article -& that was not applied.
8f the penalty is fine and exactly P-FF.FF, it is only considered a light
felony under Article E.
8f the fine is imposed as an alternative penalty or as a single penalty,
the fine of P-FF.FF is considered a correctional penalty under Article
-&.
8f the penalty is exactly P-FF.FF, apply Article -&. 8t is considered as
correctional penalty and it prescribes in +F years. 8f the offender is
apprehended at any time within ten years, he can be made to suffer
the fine.
This classification of felony according to gravity is important with
respect to the question of prescription of crimes.
8n the case of light felonies, crimes prescribe in two months. 8f the
crime is correctional, it prescribes in ten years, except arresto mayor,
which prescribes in five years.
'rt1 2B1 Offenses which are or in the f#t#re ma be p#nishable
#n!er special laws are not s#b9ect to the provisions of this
Co!e1 This Co!e shall be s#pplementar to s#ch laws. #nless
the latter sho#l! speciall provi!e the contrar1
:or .pecial /aws% !enalties should be imprisonment, and not
reclusion perpetua, etc.
0ffenses that are attempted or frustrated are not punishable,
unless otherwise stated.
!lea of guilt$ is not mitigating for offenses punishable b$ special
laws.
"o minimum, medium, and maximum periods for penalties.
"o penalt$ for an accessor$ or accomplice, unless otherwise
stated.
18
Provisions of "P1 applicable to special laws)
a. Art. 1= !articipation of Accomplices
b. Art. 22 ,etroactivit$ of !enal laws if favorable to the accused
c. Art. 45 -onfiscation of instruments used in the crime
(/PPLETO+C 'PPL)C'T)ON O= T0E +ED)(E- PEN'L CO-E
8n Article +F, there is a reservation :provision of the "evised Penal
1ode may be applied suppletorily to special laws;. Gou will only
apply the provisions of the "evised Penal 1ode as a supplement to
the special law, or simply correlate the violated special law, if
needed to avoid an in'ustice. 8f no 'ustice would result, do not give
suppletorily application of the "evised Penal 1ode to that of special
law.
>or example, a special law punishes a certain act as a crime. The
special law is silent as to the civil liability of one who violates the
same. (ere is a person who violated the special law and he was
prosecuted. (is violation caused damage or in'ury to a private party.
Cay the court pronounce that he is civilly liable to the offended party,
considering that the special law is silent on this point9 Ges, because
Article +FF of the "evised Penal 1ode may be given suppletory
application to prevent an in'ustice from being done to the offended
party. Article +FF states that every person criminally liable for a
felony is also civilly liable. That article shall be applied suppletory to
avoid an in'ustice that would be caused to the private offended party,
if he would not be indemnified for the damages or in'uries sustained
by him.
8n People v. Rodrigue/, it was held that the use of arms is an
element of rebellion, so a rebel cannot be further prosecuted for
possession of firearms. A violation of a special law can never
absorb a crime punishable under the "evised Penal 1ode, because
violations of the "evised Penal 1ode are more serious than a
violation of a special law. !ut a crime in the "evised Penal 1ode
can absorb a crime punishable by a special law if it is a necessary
ingredient of the crime in the "evised Penal 1ode.
8n the crime of sedition, the use of firearms is not an ingredient of the
crime. (ence, two prosecutions can be had) *+, sedition4 and *-,
illegal possession of firearms.
!ut do not thin3 that when a crime is punished outside of the
"evised Penal 1ode, it is already a special law. >or example, the
crime of cattle-rustling is not a mala prohibitum but a modification of
the crime theft of large cattle. .o Presidential Becree #o. 0%%,
punishing cattle-rustling, is not a special law. 8t can absorb the crime
of murder. 8f in the course of cattle rustling, murder was committed,
the offender cannot be prosecuted for murder. Curder would be a
qualifying circumstance in the crime of qualified cattle rustling. This
was the ruling in People v. +artinada.
The amendments of Presidential Becree #o. &D-0 *The Bangerous
Brugs Act of +E$-, by "epublic Act #o. $&0E, which adopted the
scale of penalties in the "evised Penal 1ode, means that mitigating
and aggravating circumstances can now be considered in imposing
penalties. Presidential Becree #o. &D-0 does not expressly prohibit
the suppletory application of the "evised Penal 1ode. The stages of
the commission of felonies will also apply since suppletory
application is now allowed.
Circ#mstances affecting criminal liabilit
19
#here are five circumstances affecting criminal liabilit$%
*1+ Bustif$ing circumstances3
*2+ 2xempting circumstances3
*3+ Mitigating circumstances3
*4+ Aggravating circumstances3 and
*5+ Alternative circumstances.
#here are two others which are found elsewhere in the provisions of
the ,evised !enal -ode%
*1+ Absolutor$ cause3 and

*2+ 2xtenuating circumstances.
8n 'ustifying and exempting circumstances, there is no criminal
liability. 5hen an accused invo3es them, he in effect admits the
commission of a crime but tries to avoid the liability thereof. The
burden is upon him to establish beyond reasonable doubt the
required conditions to 'ustify or exempt his acts from criminal liability.
5hat is shifted is only the burden of evidence, not the burden of
proof.
<ustifying circumstances contemplate intentional acts and, hence,
are incompatible with dolo. Exempting circumstances may be
invo3ed in culpable felonies.
'bsol#tor ca#se
The effect of this is to absolve the offender from criminal liability,
although not from civil liability. 8t has the same effect as an
exempting circumstance, but you do not call it as such in order not to
confuse it with the circumstances under Article +-.
Article -F provides that the penalties prescribed for accessories shall
not be imposed upon those who are such with respect to their
spouses, ascendants, descendants, legitimate, natural and adopted
brothers and sisters, or relatives by affinity within the same degrees
with the exception of accessories who profited themselves or
assisting the offender to profit by the effects of the crime.
Then, Article HE provides how criminal liability is extinguished)
Beath of the convict as to the personal penalties, and as to
pecuniary penalties, liability therefor is extinguished if death occurs
before final 'udgment4
.ervice of the sentence4
Amnesty4
Absolute pardon4
20
Prescription of the crime4
Prescription of the penalty4 and
Carriage of the offended woman as provided in Article %DD.
/nder Article -D$, a legally married person who 3ills or inflicts
physical in'uries upon his or her spouse whom he surprised having
sexual intercourse with his or her paramour or mistress in not
criminally liable.
/nder Article -+E, discovering secrets through seiure of
correspondence of the ward by their guardian is not penalied.
/nder Article %%-, in the case of theft, swindling and malicious
mischief, there is no criminal liability but only civil liability, when the
offender and the offended party are related as spouse, ascendant,
descendant, brother and sister-in-law living together or where in
case the widowed spouse and the property involved is that of the
deceased spouse, before such property had passed on to the
possession of third parties.
/nder Article %DD, in cases of seduction, abduction, acts of
lasciviousness, and rape, the marriage of the offended party shall
extinguish the criminal action.
Absolutory cause has the effect of an exempting circumstance and
they are predicated on lac3 of voluntariness li3e instigation.
8nstigation is associated with criminal intent. Bo not consider culpa in
connection with instigation. 8f the crime is culpable, do not tal3 of
instigation. 8n instigation, the crime is committed with dolo. 8t is
confused with entrapment.
Entrapment is not an absolutory cause. Entrapment does not
exempt the offender or mitigate his criminal liability. !ut instigation
absolves the offender from criminal liability because in instigation,
the offender simply acts as a tool of the law enforcers and, therefore,
he is acting without criminal intent because without the instigation,
he would not have done the criminal act which he did upon
instigation of the law enforcers.
.ifference between instigation and entrapment
8n instigation, the criminal plan or design exists in the mind of the law
enforcer with whom the person instigated cooperated so it is said
that the person instigated is acting only as a mere instrument or tool
of the law enforcer in the performance of his duties.
?n the other hand, in entrapment, a criminal design is already in the
mind of the person entrapped. 8t did not emanate from the mind of
the law enforcer entrapping him. Entrapment involves only ways and
means which are laid down or resorted to facilitate the apprehension
of the culprit.
The element which ma3es instigation an absolutory cause is the lac3
of criminal intent as an element of voluntariness.
8f the instigator is a law enforcer, the person instigated cannot be
criminally liable, because it is the law enforcer who planted that
criminal mind in him to commit the crime, without which he would not
have been a criminal. 8f the instigator is not a law enforcer, both will
be criminally liable, you cannot have a case of instigation. 8n
instigation, the private citien only cooperates with the law enforcer
to a point when the private citien upon instigation of the law
21
enforcer incriminates himself. 8t would be contrary to public policy to
prosecute a citien who only cooperated with the law enforcer. The
private citien believes that he is a law enforcer and that is why
when the law enforcer tells him, he believes that it is a civil duty to
cooperate.
8f the person instigated does not 3now that the person is instigating
him is a law enforcer or he 3nows him to be not a law enforcer, this
is not a case of instigation. This is a case of inducement, both will
be criminally liable.
8n entrapment, the person entrapped should not 3now that the
person trying to entrap him was a law enforcer. The idea is
incompatible with each other because in entrapment, the person
entrapped is actually committing a crime. The officer who entrapped
him only lays down ways and means to have evidence of the
commission of the crime, but even without those ways and means,
the person entrapped is actually engaged in a violation of the law.
8nstigation absolves the person instigated from criminal liability. This
is based on the rule that a person cannot be a criminal if his mind is
not criminal. ?n the other hand, entrapment is not an absolutory
cause. 8t is not even mitigating.
8n case of somnambulism or one who acts while sleeping, the
person involved is definitely acting without freedom and without
sufficient intelligence, because he is asleep. (e is moving li3e a
robot, unaware of what he is doing. .o the element of voluntariness
which is necessary in dolo and culpa is not present. .omnambulism
is an absolutory cause. 8f element of voluntariness is absent, there
is no criminal liability, although there is civil liability, and if the
circumstance is not among those enumerated in Article +-, refer to
the circumstance as an absolutory cause.
Cista3e of fact is an absolutory cause. The offender is acting
without criminal intent. .o in mista3e of fact, it is necessary that had
the facts been true as the accused believed them to be, this act is
'ustified. 8f not, there is criminal liability, because there is no mista3e
of fact anymore. The offender must believe he is performing a lawful
act.
E%ten#ating circ#mstances

The effect of this is to mitigate the criminal liability of the offender. 8n
other words, this has the same effect as mitigating circumstances,
only you do not call it mitigating because this is not found in Article
+%.
8llustrations)
An unwed mother 3illed her child in order to conceal a dishonor. The
concealment of dishonor is an extenuating circumstance insofar as
the unwed mother or the maternal grandparents is concerned, but
not insofar as the father of the child is concerned. Cother 3illing her
new born child to conceal her dishonor, penalty is lowered by two
degrees. .ince there is a material lowering of the penalty or
mitigating the penalty, this is an extenuating circumstance.
The concealment of honor by mother in the crime of infanticide is an
extenuating circumstance but not in the case of parricide when the
age of the victim is three days old and above.
8n the crime of adultery on the part of a married woman abandoned
by her husband, at the time she was abandoned by her husband, is
it necessary for her to see3 the company of another man.
Abandonment by the husband does not 'ustify the act of the woman.
8t only extenuates or reduces criminal liability. 5hen the effect of the
circumstance is to lower the penalty there is an extenuating
circumstance.
22
A 3leptomaniac is one who cannot resist the temptation of stealing
things which appeal to his desire. This is not exempting. ?ne who
is a 3leptomaniac and who would steal ob'ects of his desire is
criminally liable. !ut he would be given the benefit of a mitigating
circumstance analogous to paragraph E of Article +%, that of
suffering from an illness which diminishes the exercise of his will
power without, however, depriving him of the consciousness of his
act. .o this is an extenuating circumstance. The effect is to mitigate
the criminal liability.
-istinctions between 9#stifing circ#mstances an! e%empting
circ#mstances
8n 'ustifying circumstances 6
*+, The circumstance affects the act, not the actor4
*-, The act complained of is considered to have been done
within the bounds of law4 hence, it is legitimate and lawful in
the eyes of the law4
*%, .ince the act is considered lawful, there is no crime, and
because there is no crime, there is no criminal4
*D, .ince there is no crime or criminal, there is no criminal
liability as well as civil liability.
8n exempting circumstances 6
*+, The circumstances affect the actor, not the act4
*-, The act complained of is actually wrongful, but the actor
acted without voluntariness. (e is a mere tool or instrument
of the crime4
*%, .ince the act complained of is actually wrongful, there is a
crime. !ut because the actor acted without voluntariness,
there is absence of dolo or culpa. There is no criminal4
*D, .ince there is a crime committed but there is no criminal,
there is civil liability for the wrong done. !ut there is no
criminal liability. (owever, in paragraphs D and $ of Article
+-, there is neither criminal nor civil liability.
5hen you apply for 'ustifying or exempting circumstances, it is
confession and avoidance and burden of proof shifts to the accused
and he can no longer rely on wea3ness of prosecution=s evidence
'rt1 22: 4#stifing Circ#mstances A those wherein the acts of
the actor are in accor!ance with law. hence. he is 9#stifie!1
There is no criminal an! civil liabilit beca#se there is no crime1
elf*defense
A. ,eason for lawfulness of self8defense% because it would be
impossible for the .tate to protect all its citi4ens. Also a
person cannot 'ust give up his rights without an$ resistance
being offered.
23
). ,ights included in self8defense%
1. <efense of person
2. <efense of rights protected b$ law
3. <efense of propert$%
a. #he owner or lawful possessor of a thing has a right
to exclude an$ person from the en'o$ment or disposal
thereof. :or this purpose, he ma$ use such force as
ma$ be reasonabl$ necessar$ to repel or prevent an
actual or threatened unlawful ph$sical invasion or
usurpation of his propert$. *Art. D-E, #ew 1ivil 1ode+
b. defense of chastit$
-. 2lements%
21 /nlawf#l 'ggression 8 is a ph$sical act manifesting
danger to life or limb3 it is either actual or imminent.
a. ActualCreal aggression 8 ,eal aggression
presupposes an act positivel$ strong, showing the
wrongful intent of the aggressor, which is not merel$
threatening or intimidating attitude, but a material
attack. #here must be real danger to life a personal
safet$.
b. &mminent unlawful aggression 8 it is an attack that is
impending or on the point of happening. &t must not
consist in a mere threatening attitude, nor must it be
merel$ imaginar$. #he intimidating attitude must be
offensive and positivel$ strong.
c. 1here there is an agreement to fight, there is no
unlawful aggression. 2ach of the protagonists is at
once assailant and assaulted, and neither can
invoke the right of self8defense, because aggression
which is an incident in the fight is bound to arise
from one or the other of the combatants. 2xception%
1here the attack is made in violation of the
conditions agreed upon, there ma$ be unlawful
aggression.
d. Dnlawful aggression in self8defense, to be 'ustif$ing,
must exist at the time the defense is made. &t ma$
no longer exist if the aggressor runs awa$ after the
attack or he has manifested a refusal to continue
fighting. &f the person attacked allowed some time to
elapse after he suffered the in'ur$ before hitting
back, his act of hitting back would not constitute self8
defense, but revenge.
A light push on the head with the hand is not
unlawful aggression, but a slap on the face is,
because his dignit$ is in danger.
A police officer exceeding his authorit$ ma$ become
an unlawful aggressor.
#he nature, character, location, and extent of the
wound ma$ belie claim of self8defense.
2 71 +easonable necessit of the means emploe! to
prevent or repel it:
a. ,e(uisites%
Means were used to prevent or repel
Means must be necessar$ and there is no other
wa$ to prevent or repel it
Means must be reasonable depending on the
circumstances, but generall$ proportionate to
the force of the aggressor.
b. #he rule here is to stand $our ground when in the
right which ma$ invoked when the defender is
unlawfull$ assaulted and the aggressor is armed
with a weapon.
24
c. #he rule is more liberal when the accused is a peace
officer who, unlike a private person, cannot run
awa$.
d. #he reasonable necessit$ of the means emplo$ed to
put up the defense.
#he gauge of reasonable necessit$ is the
instinct of self8preservation, i.e. a person did not
use his rational mind to pick a means of defense
but acted out of self8preservation, using the
nearest or onl$ means available to defend
himself, even if such means be
disproportionatel$ advantageous as compared
with the means of violence emplo$ed b$ the
aggressor.
,easonableness of the means depends on the
nature and the (ualit$ of the weapon used,
ph$sical condition, character, si4e and other
circumstances.
25
61 Lac3 of s#fficient provocation on the part of the
person !efen!ing himself1
a. 1hen no provocation at all was given to the
aggressor b$ the person defending himself.
b. 1hen even if provocation was given b$ the person
defending himself, such was not sufficient to cause
violent aggression on the part of the attacker, i.e. the
amount of provocation was not sufficient to stir the
aggressor into the acts which led the accused to
defend himself.
c. 1hen even if the provocation were sufficient, it was
not given b$ the person defending himself.
d. 1hen even if provocation was given b$ the person
defending himself, the attack was not proximate or
immediate to the act of provocation.
e. .ufficient means proportionate to the damage
caused b$ the act, and ade(uate to stir one to its
commission.
<. Einds of .elf8<efense
1. .elf8defense of chastit$ 8 to be entitled to complete self8
defense of chastit$, there must be an attempt to rape,
mere imminence thereof will suffice.
2. <efense of propert$ 8 an attack on the propert$ must be
coupled with an attack on the person of the owner, or of
one entrusted with the care of such propert$.
3. .elf8defense in libel 8 ph$sical assault ma$ be 'ustified
when the libel is aimed at a person>s good name, and
while the libel is in progress, one libel deserves another.
F)urden of proof 8 on the accused *sufficient, clear and
convincing evidence3 must rel$ on the strength of his own evidence
and not on the weakness of the prosecution+
-efense of +elative
A. 2lements%
1. unlawful aggression
2. reasonable necessit$ of the means emplo$ed to prevent
or repel the attack3
3. in case provocation was given b$ the person attacked,
that the person making the defense had no part in such
provocation.
). ,elatives entitled to the defense%
1. spouse
2. ascendants
3. descendants
4. legitimate, natural or adopted brothers or sisters
5. relatives b$ affinit$ in the same degree
=. relatives b$ consanguinit$ within the 4th civil degree.
#he third element need not take place. #he relative
defended ma$ even be the original aggressor. All that is
re(uired to 'ustif$ the act of the relative defending is that he
takes no part in such provocation.
Aeneral opinion is to the effect that all relatives mentioned
must be legitimate, except in cases of brothers and sisters
who, b$ relatives b$ nature, ma$ be illegitimate.
#he unlawful aggression ma$ depend on the honest belief
of the person making the defense.
26
-efense of (tranger
A. 2lements
1. unlawful aggression
2. reasonable necessit$ of the means emplo$ed to prevent
or repel the attack3
3. the person defending be not induced b$ revenge,
resentment or other evil motive.
). A relative not included in defense of relative is included in
defense of stranger.
-. )e not induced b$ evil motive means that even an enem$ of
the aggressor who comes to the defense of a stranger ma$
invoke this 'ustif$ing circumstances so long as he is not
induced b$ a motive that is evil.
(tate of Necessit
A. Art. ++, Par. a provides)
'n person who. in or!er to avoi! an evil or in9#r. !oes an
act which ca#ses !amage to another. provi!e! that the
following re"#isites are present:
=irst1 That the evil so#ght to be avoi!e! act#all e%ists:
(econ!1 That the in9#r feare! be greater than that !one
to avoi! it: an!
Thir!1 That there be no other practical an! less harmf#l
means of preventing it1
). A state of necessit$ exists when there is a clash between
une(ual rights, the lesser right giving wa$ to the greater
right. Aside from the 3 re(uisites stated in the law, it should
also be added that the necessit$ must not be due to the
negligence or violation of an$ law b$ the actor.
-. #he person for whose benefit the harm has been prevented
shall be civill$ liable in proportion to the benefit which ma$
have been received. #his is the onl$ 'ustif$ing circumstance
which provides for the pa$ment of civil indemnit$. Dnder the
other 'ustif$ing circumstances, no civil liabilit$ attaches. #he
courts shall determine, in their sound discretion, the
proportionate amount for which law one is liable.
=#lfillment of -#t or Lawf#l E%ercise of a +ight or Office
A. 2lements%
1. that the accused acted in the performance of a dut$, or
in the lawful exercise of a right or office3
2. that the in'ur$ caused or offense committed be the
necessar$ conse(uence of the due performance of the
dut$, or the lawful exercise of such right or office.
). A police officer is 'ustified in shooting and killing a criminal
who refuses to stop when ordered to do so, and after such
officer fired warning shots in the air.
shooting an offender who refused to surrender is
'ustified, but not a thief who refused to be arrested.
-. #he accused must prove that he was dul$ appointed to the
position he claimed he was discharging at the time of the
commission of the offense. &t must be made to appear not
onl$ that the in'ur$ caused or the offense committed was
done in the fulfillment of a dut$, or in the lawful exercise of a
right or office, but that the offense committed was a
necessar$ conse(uence of such fulfillment of dut$, or lawful
exercise of a right or office.
<. A mere securit$ guard has no authorit$ or dut$ to fire at a
thief, resulting in the latter>s death.
Obe!ience to a (#perior Or!er
A. 2lements%
27
1. there is an order3
2. the order is for a legal purpose3
3. the means used to carr$ out said order is lawful.
). #he subordinate who is made to compl$ with the order is the
part$ which ma$ avail of this circumstance. #he officer
giving the order ma$ not invoke this.
-. #he subordinate>s good faith is material here. &f he obe$ed
an order in good faith, not being aware of its illegalit$, he is
not liable. 7owever, the order must not be patentl$ illegal. &f
the order is patentl$ illegal this circumstance cannot be
validl$ invoked.
<. #he reason for this 'ustif$ing circumstance is the
subordinate>s mistake of fact in good faith.
2. 2ven if the order be patentl$ illegal, the subordinate ma$ $et
be able to invoke the exempting circumstances of having
acted under the compulsion of an irresistible force, or under
the impulse of an uncontrollable fear.
E*E$PT)NG C)+C/$(T'NCE(
2xempting circumstances *non8imputabilit$+ are those ground for
exemption from punishment because there is wanting in the
agent of the crime of an$ of the conditions which make the act
voluntar$, or negligent.
)asis% #he exemption from punishment is based on the complete
absence of intelligence, freedom of action, or intent, or on the
absence of negligence on the part of the accused.
A person who acts 1&#70D# MA/&-2 *without intelligence,
freedom of action or intent+ or 1&#70D# "2A/&A2"-2 *without
intelligence, freedom of action or fault+ is "0# -,&M&"A//G
/&A)/2 or is 2?2M!# :,0M !D"&.7M2"#.
#here is a crime committed but no criminal liabilit$ arises from it
because of the complete absence of an$ of the conditions which
constitute free will or voluntariness of the act.
)urden of proof% An$ of the circumstances is a matter of defense
and must be proved b$ the defendant to the satisfaction of the
court.
'rt1 271 C)+C/$(T'NCE( ,0)C0 E*E$PT =+O$ C+)$)N'L
L)'&)L)TC1 The following are e%empt from criminal liabilit:
21 'n imbecile or insane person. #nless the latter has acte!
!#ring a l#ci! interval1
1hen the imbecile or an insane person has committed an act
which the law defines as a felon$ *delito+, the court shall order
his confinement on one of the hospital or as$lums established for
persons thus afflicted. 7e shall not be permitted to leave without
first obtaining the permission of the same court.
,e(uisites%
a. 0ffender is an imbecile
b. 0ffender was insane at the time of the commission of the
crime
&M)2-&/&#G 0, &".A"&#G
a. )asis% complete absence of intelligence, and element of
voluntariness.
b. <efinition % An imbecile is one who while advanced in age
has a mental development comparable to that of children
between 2 and H $ears of age. An insane is one who acts
with complete deprivation of intelligenceCreason or without
the least discernment or with total deprivation of freedom of
the will.
28
An imbecile is exempt in all cases from criminal liabilit$. #he
insane is not so exempt if it can be shown that he acted during a
lucid interval. &n the latter, loss of consciousness of ones acts
and not merel$ abnormalit$ of mental faculties will (ualif$ ones
acts as those of an insane.
!rocedure% court is to order the confinement of such persons in
the hospitals or as$lums established. .uch persons will not be
permitted to leave without permission from the court. #he court,
on the other hand, has no power to order such permission
without first obtaining the opinion of the <07 that such persons
ma$ be released without danger.
!resumption is alwa$s in favor of sanit$. #he defense has the
burden to prove that the accused was insane at the time of the
commission of the crime. :or the ascertainment such mental
condition of the accused, it is permissible to receive evidence of
the condition of his mind during a reasonable period both before
and after that time. -ircumstantial evidence which is clear and
convincing will suffice. An examination of the outward acts will
help reveal the thoughts, motives and emotions of a person and
if such acts conform to those of people of sound mind.
&nsanit$ at the time of the commission of the crime and not that
at the time of the trial will exempt one from criminal liabilit$. &n
case of insanit$ at the time of the trial, there will be a suspension
of the trial until the mental capacit$ of the accused is restored to
afford him a fair trial.
2vidence of insanit$ must refer to the time preceding the act
under prosecution or to the ver$ moment of its execution.
1ithout such evidence, the accused is presumed to be sane
when he committed the crime. -ontinuance of insanit$ which is
occasional or intermittent in nature will not be presumed.
&nsanit$ at another time must be proved to exist at the time of the
commission of the crime. A person is also presumed to have
committed a crime in one of the lucid intervals. -ontinuance of
insanit$ will onl$ be presumed in cases wherein the accused has
been ad'udged insane or has been committed to a hospital or an
as$lum for the insane.
&nstances of &nsanit$%
a. <ementia praecox is covered b$ the term insanit$ because
homicidal attack is common in such form of ps$chosis. &t is
characteri4ed b$ delusions that he is being interfered with
sexuall$, or that his propert$ is being taken, thus the person
has no control over his acts.
b. Eleptomania or presence of abnormal, persistent impulse or
tendenc$ to steal, to be considered exempting, will still
have to be investigated b$ competent ps$chiatrist to
determine if the unlawful act is due to the irresistible impulse
produced b$ his mental defect, thus loss of will8power. &f
such mental defect onl$ diminishes the exercise of his
willpower and did not deprive him of the consciousness of
his acts, it is onl$ mitigating.
c. 2pileps$ which is a chronic nervous disease characteri4ed
b$ convulsive motions of the muscles and loss of
consciousness ma$ be covered b$ the term insanit$.
7owever, it must be shown that commission of the offense is
during one of those epileptic attacks.
,e$es% :eeblemindedness is not imbecilit$ because the
offender can distinguish right from wrong. An imbecile and an
insane to be exempted must not be able to distinguish right from
wrong.
,elova% :eeblemindedness is imbecilit$.
-rimes committed while in a dream, b$ a somnambulist are
embraced in the plea of insanit$. 7$pnotism, however, is a
debatable issue.
-rime committed while suffering from malignant malaria is
characteri4ed b$ insanit$ at times thus such person is not
criminall$ liable.
71 ' person #n!er nine ears of age1
M&"0,&#G
29
a. ,e(uisite% 0ffender is under I $ears of age at the time of the
commission of the crime. #here is absolute criminal
irresponsibilit$ in the case of a minor under I8$ears of age.
b. )asis% complete absence of intelligence.
Dnder nine $ears to be construed nine $ears or less. .uch was
inferred from the next subse(uent paragraph which does not
totall$ exempt those over nine $ears of age if he acted with
discernment.
!resumptions of incapabilit$ of committing a crime is absolute.
Age is computed up to the time of the commission of the crime.
Age can be established b$ the testimonies of families and
relatives.
.enilit$ or second childhood is onl$ mitigating.
4 periods of the life of a human being%
Age -riminal ,esponsibilit$
I $ears and below Absolute irresponsibilit$
)etween I and 15
$ears old
-onditional responsibilit$
1ithout discernment no liabilit$ 1ith <iscernment mitigated liabilit$
)etween 15 and 1;
$ears old
Mitigated responsibilit$
)etween 1; and H@
$ears old
:ull responsibilit$
0ver H@ $ears old Mitigated responsibilit$
30
61 ' person over nine ears of age an! #n!er fifteen.
#nless he has acte! with !iscernment. in which case. s#ch
minor shall be procee!e! against in accor!ance with the
provisions of article @B of this Co!e1
,hen s#ch minor is a!9#!ge! to be criminall
irresponsible. the co#rt. in conformit with the provisions of
this an! the prece!ing paragraph. shall commit him to the care
an! c#sto! of his famil who shall be charge! with his
s#rveillance an! e!#cation: otherwise. he shall be committe! to
the care of some instit#tion or person mentione! in sai! article
@B1
JDA/&:&2< M&"0,&#G% )asis% complete absence of intelligence
.uch minor over I $ears and under 15 $ears of age must have
acted without discernment to be exempted from criminal liabilit$.
&f with discernment, he is criminall$ liable.
!resumption is alwa$s that such minor has acted without
discernment. #he prosecution is burdened to prove if otherwise.
<iscernment means the mental capacit$ of a minor between I
and 15 $ears of age to full$ appreciate the conse(uences of his
unlawful act. .uch is shown b$% *1+ manner the crime was
committed *i.e. commission of the crime during nighttime to avoid
detection3 taking the loot to another town to avoid discover$+, or
*2+ the conduct of the offender after its commission *i.e. elation of
satisfaction upon the commission of his criminal act as shown b$
the accused cursing at the victim+.
:acts or particular facts concerning personal appearance which
lead officers or the court to believe that his age was as stated b$
said officer or court should be stated in the record.
&f such minor is ad'udged to be criminall$ liable, he is charged to
the custod$ of his famil$, otherwise, to the care of some
institution or person mentioned in article ;@. #his is because of
the court>s presupposition that the minor committed the crime
without discernment.
Allegation of Kwith intent to kill6 in the information is sufficient
allegation of discernment as such conve$s the idea that he knew
what would be the conse(uences of his unlawful act. #hus is the
case wherein the information alleges that the accused, with
intent to kill, willfull$, criminall$ and feloniousl$ pushed a child of
; 1C2 $ears of age into a deep place. &t was held that the
re(uirement that there should be an allegation that she acted
with discernment should be deemed ampl$ met.
;1 'n person who. while performing a lawf#l act with !#e
care. ca#ses an in9#r b mere acci!ent witho#t fa#lt or
intention of ca#sing it1
A--&<2"#% )asis% lack of negligence and intent.
2lements%
a. A person is performing a lawful act
b. 2xercise of due dare
c. 7e causes in'ur$ to another b$ mere accident
d. 1ithout fault or intention of causing it.
<ischarge of a firearm in a thickl$ populated place in the -it$ of
Manila being prohibited b$ Art. 155 of the ,!- is not a
performance of a lawful act when such led to the accidental
hitting and wounding of 2 persons.
<rawing a weaponCgun in the course of self8defense even if such
fired and seriousl$ in'ured the assailant is a lawful act and can be
considered as done with due care since it could not have been
done in an$ other manner.
1ith the fact dul$ established b$ the prosecution that the
appellant was guilt$ of negligence, this exempting circumstance
cannot be applied because application presupposes that there is
no fault or negligence on the part of the person performing the
lawful act.
31
Accident happens outside the swa$ of our will, and although it
comes about some act of our will, lies be$ond the bounds of
humanl$ foreseeable conse(uences.
#he accused, who, while hunting saw wild chickens and fired a
shot can be considered to be in the performance of a lawful act
executed with due care and without intention of doing harm when
such short recoiled and accidentall$ wounded another. .uch
was established because the deceased was not in the direction
at which the accused fired his gun.
#he chauffeur, who while driving on the proper side of the road
at a moderate speed and with due diligence, suddenl$ and
unexpectedl$ saw a man in front of his vehicle coming from the
sidewalk and crossing the street without an$ warning that he
would do so, in effect being run over b$ the said chauffeur, was
held not criminall$ liable, it being b$ mere accident.
<1 'n person who acts #n!er the comp#lsion of an
irresistible force1
&,,2.&.#&)/2 :0,-2% )asis% complete absence of freedom,
an element of voluntariness
2lements%
a. #hat the compulsion is b$ means of ph$sical force
b. #hat the ph$sical force must be irresistible.
c. #hat the ph$sical force must come from a third person
:orce, to be irresistible, must produce such an effect on an
individual that despite of his resistance, it reduces him to a mere
instrument and, as such, incapable of committing a crime. &t
compels his member to act and his mind to obe$. &t must act
upon him from the outside and b$ a third person.
)aculi, who was accused but not a member of a band which
murdered some American school teachers and was seen and
compelled b$ the leaders of the band to bur$ the bodies, was not
criminall$ liable as accessor$ for concealing the bod$ of the
crime. )aculi acted under the compulsion of an irresistible force.
&rresistible force can never consist in an impulse or passion, or
obfuscation. &t must consist of an extraneous force coming from
a third person.
>1 'n person who acts #n!er the imp#lse of an
#ncontrollable fear of an e"#al or greater in9#r1
D"-0"#,0//A)/2 :2A,% )asis% complete absence of
freedom
2lements
a. that the threat which causes the fear is of an evil greater
than, or at least e(ual to that wCc he is re(uired to commit
b. that it promises an evil of such gravit$ and imminence that
the ordinar$ man would have succumbed to it.
<uress, to be a valid defense, should be based on real, imminent
or reasonable fear for one>s life or limb. &t should not be inspired
b$ speculative, fanciful or remote fear.
#hreat of future in'ur$ is not enough. #he compulsion must leave
no opportunit$ to the accused for escape or self8defense in e(ual
combat.
<uress is the use of violence or ph$sical force.
#here is uncontrollable fear is when the offender emplo$s
intimidation or threat in compelling another to commit a crime,
while irresistible force is when the offender uses violence or
ph$sical force to compel another person to commit a crime.
Kan act done b$ me against m$ will is not m$ act6
32
?1 'n person who fails to perform an act re"#ire! b law.
when prevente! b some lawf#l or ins#perable ca#se.
/A1:D/ 0, &".D!2,A)/2 -AD.2% )asis% acts without intent,
the third condition of voluntariness in intentional felon$
2lements%
a. #hat an act is re(uired b$ law to be done
b. #hat a person fails to perform such act
c. #hat his failure to perform such act was due to some lawful
or insuperable cause
2xamples of lawful cause%
a. !riest can>t be compelled to reveal what was confessed to
him
b. "o available transportation officer not liable for arbitrar$
detention
c. Mother who was overcome b$ severe di44iness and extreme
debilit$, leaving child to die not liable for infanticide
#o be an 2?2M!#&"A circumstance &"#2"# &. 1A"#&"A
&"#2"# presupposes the exercise of freedom and the use of
intelligence
<istinction between 'ustif$ing and exempting circumstance%
a. 2xempting there is a crime but there is no criminal. Act is
not 'ustified but the actor is not criminall$ liable.
Aeneral ,ule% #here is civil liabilit$
2xception% !ar 4 *causing an in'ur$ b$ mere accident+ and
!ar H *lawful cause+
b. Bustif$ing person does not transgress the law, does not
commit an$ crime because there is nothing unlawful in the act as
well as the intention of the actor.
<istinction between 2xempting and Bustif$ing -ircumstances
2xempting -ircumstance Bustif$ing -ircumstance
2xistence
of a crime
#here is a crime but there is no
criminal, the actor is exempted from
liabilit$ of his act
#here is no crime, the act is 'ustified
Absolutor$ -auses are those where the act committed is a
crime but for some reason of public polic$ and sentiment, there
is no penalt$ imposed.
2xempting and Bustif$ing -ircumstances are absolutor$ causes.
0ther examples of absolutor$ causes%
1+ Art = spontaneous desistance
2+ Art 2@ accessories exempt from criminal liabilit$
3+ Art 1I par 1 profiting one>s self or assisting offenders to
profit b$ the effects of the crime
&nstigation v. 2ntrapment
&".#&AA#&0" 2"#,A!M2"#
&nstigator practicall$ induces the would8be
accused into the commission of the offense
and himself becomes co8principal
#he wa$s and means are resorted to for the
purpose of trapping and capturing the
lawbreaker in the execution of his criminal plan.
Accused will be ac(uitted "0# a bar to accused>s prosecution and
conviction
Absolutor$ cause "0# an absolutor$ cause
$)T)G'T)NG C)+C/$(T'NCE(
33
<efinition #hose circumstance which reduce the penalt$ of a
crime
2ffect ,educes the penalt$ of the crime but does not erase
criminal liabilit$ nor change the nature of the crime
Einds of Mitigating -ircumstance%
!rivileged Mitigating 0rdinar$ Mitigating
0ffset b$ an$
aggravating
circumstance
-annot be offset b$ an$ aggravating
circumstance
-an be offset b$ a generic
aggravating circumstance
2ffect on the
penalt$
7as the effect of imposing the penalt$
b$ 1 or 2 degrees than that provided b$
law
&f not offset, has the effect of
imposing the penalt$ in the minimum
period
Einds Minorit$, &ncomplete .elf8defense, two
or more mitigating circumstances
without an$ aggravating circumstance
*has the effect of lowering the penalt$
b$ one degree+
#hose circumstances enumerated in
paragraph 1 to 1@ of Article 13
'rticle 261
21 Those mentione! in the prece!ing chapter. when all the
re"#isites necessar to 9#stif the act or to e%empt from
criminal liabilit in the respective cases are not atten!ant
4#stifing circ#mstances
a. elf*defense0defense of relative0defense of stranger
unlawful aggression must be present for Art 13 to be
applicable. 0ther 2 elements not necessar$. &f 2 re(uisites
are present considered a privileged mitigating
circumstance.
Example) Buan makes fun of !edro. !edro gets pissed off,
gets a knife and tries to stab Buan. Buan grabs his own knife
and kills !edro. &ncomplete self8defense because although
there was unlawful aggression and reasonable means to
repel was taken, there was sufficient provocation on the part
of Buan. )ut since 2 elements are present, it considered as
privileged mitigating.
b. tate of )ecessit% *par 4+ avoidance of greater evil or in'ur$3
if an$ of the last 2 re(uisites is absent, there>s onl$ an
ordinar$ Mitigating -ircumstance.
Example% 1hile driving his car, Buan sees !edro carelessl$
crossing the street. Buan swerves to avoid him, thus hitting a
motorbike with 2 passengers, killing them instantl$. "ot all
re(uisites to 'ustif$ act were present because harm done to
avoid in'ur$ is greater. -onsidered as mitigating.
c. Performance of .ut% *par 5+
Example% Buan is supposed to arrest !edro. 7e thus goes to
!edro>s hideout. Buan sees a man asleep. #hinking it was
!edro, Buan shot him. Buan ma$ have acted in the
performance of his dut$ but the crime was not a necessar$
conse(uence thereof. -onsidered as mitigating.
E%empting circ#mstance
a. +inorit% over 1 and under 23 if minor acted with
discernment, considered mitigating
Example% 13 $ear old stole goods at nighttime. Acted with
discernment as shown b$ the manner in which the act was
committed.

b. Causing in-ur% b% mere accident if 2
nd
re(uisite *due
care+ and 1
st
part of 4
th
re(uisite *without fault thus
negligence onl$+ are A).2"#, considered as mitigating
34
because the penalt$ is lower than that provided for
intentional felon$.
Example% !olice officer tries to stop a fight between Buan
and !edro b$ firing his gun in the air. )ullet ricocheted and
killed !etra. 0fficer willfull$ discharged his gun but was
unmindful of the fact that area was populated.

c. 4ncontrollable fear onl$ one re(uisite present, considered
mitigating
Example% Dnder threat that their farm will be burned, !edro
and Buan took turns guarding it at night. !edro fired in the air
when a person in the shadows refused to reveal his identit$.
Buan was awakened and shot the unidentified person.
#urned out to be a neighbor looking for is pet. Buan ma$
have acted under the influence of fear but such fear was not
entirel$ uncontrollable. -onsidered mitigating.
71 That the offen!er is #n!er 2@ ears of age or over ?B ears1 )n
the case of a minor. he shall be procee!e! against in
accor!ance with the provisions of 'rt 257 of P- 5B6
Applicable to%
a. 0ffender over I, under 15 who acted with discernment
b. 0ffender over 15, under 1;
3 c. 0ffender over H@ $ears
Age of accused which should be determined as his age at the
date of commission of crime, not date of trial
5arious !ges and their 6egal 7ffects
a. under I exemptive circumstance
b. over I, below 15 exemptive3 except if acted with
discernment
c. minor delin(uent under 1; sentence ma$ be suspended *!<
=@3+
d. under 1; privileged mitigating circumstance
e. 1; and above full criminal responsibilit$
f. H@ and above mitigating circumstance3 no imposition of
death penalt$3 execution g. of death sentence if alread$ imposed
is suspended and commuted.
61 That the offen!er ha! no intention to commit so grave a
wrong as that committe! (praeter intentionam)
4
-an be used onl$ when the facts prove to show that there is a
notable and evident disproportion between means employed to
execute the criminal act and its consequences
&ntention% as an internal act, is 'udged b$ the proportion of the
means emplo$ed to the evil produced b$ the act, and also b$ the
fact that the blow was or was not aimed at a vital part of the
bod$.
Budge b$ considering *1+ the weapon used, *2+ the in'ur$ inflicted
and *3+ the attitude of mind when the accuser attacked the other.
Example% !edro stabbed #omas on the arm. #omas did not have
the wound treated, so he died from loss of blood.
"ot applicable when offender emplo$ed brute force
Example% ,apist choked victim. )rute force of choking
contradicts claim that he had no intention to kill the girl.
Art 13, par 3 addresses itself to the intention of the offender at
the particular moment when he executes or commits the criminal
act, not to his intention during the planning stage.
35
&n crimes against persons if victim does not die, the absence of
the intent to kill reduces the felon$ to mere ph$sical in'uries. &t is
not considered as mitigating. Mitigating onl$ when the victim
dies.
Example% As part of fun8making, Buan merel$ intended to burn
!edro>s clothes. !edro received minor burns. Buan is charged
with ph$sical in'uries. 7ad !edro died, Buan would be entitled to
the mitigating circumstance.
"ot applicable to felonies b$ negligence. 1h$9 &n felonies
through negligence, the offender acts without intent. #he intent in
intentional felonies is replaced b$ negligence, imprudence, lack
of foresight or lack of skill in culpable felonies. #here is no intent
on the part of the offender which ma$ be considered as
diminished.
)asis of par 3% intent, an element of voluntariness in intentional
felon$, is diminished
;1 That the s#fficient provocation or threat on the part of the
offen!e! part imme!iatel prece!e! the act1
!rovocation an$ un'ust or improper conduct or act of the
offended part$, capable of exciting, inciting or irritating an$one.
)asis% diminution of intelligence and intent
,e(uisites%
a. !rovocation must be sufficient.
1. .ufficient ade(uate enough to excite a person to commit
the wrong and must accordingl$ be proportionate to its
gravit$.
2. .ufficienc$ depends on%
the act constituting the provocation
the social standing of the person provoked
time and place provocation took place
3. Example% Buan likes to hit and curse his servant. 7is
servant thus killed him. #here>s mitigating circumstance
because of sufficient provocation.
4. 1hen it was the defendant who sought the deceased, the
challenge to fight b$ the deceased is "0# sufficient
provocation.
b. &t must originate from the offended part$
1. 1h$9 /aw sa$s the provocation is Kon the part of the
offended part$6
2. 2xample% #omas> mother insulted !etra. !etra kills #omas
because of the insults. "o Mitigating -ircumstance
because it was the mother who insulted her, not #omas.
3. !rovocation b$ the deceased in the first stage of the
fight is not Mitigating
-ircumstance when the accused killed him after he had
fled because the deceased from the moment he fled did
not give an$ provocation for the accused to pursue and
attack him.
c. !rovocation must be immediate to the act., i.e., to the
commission of the crime b$ the person who is provoked
1. 1h$9 &f there was an interval of
time, the conduct of the offended part$ could not have
excited the accused to the commission of the crime, he
having had time to regain his reason and to exercise
self8control.
2. #hreat should not be offensive and
positivel$ strong because if it was, the threat to inflict
real in'ur$ is an unlawful aggression which ma$ give rise
to self8defense and thus no longer a Mitigating
-ircumstance
<1 That the act was committe! in the imme!iate vin!ication of a
grave offense to the one committing the felon (!elito). his
36
spo#se. ascen!ants. !escen!ants. legitimate. nat#ral or
a!opte! brother or sisters. or relatives b affinit within the
same !egree1
1. ,e(uisites%
there>s a grave offense done to the one
committing the felon$ etc.
that the felon$ is committed in vindication of
such grave offense.
2. /apse of time is allowed between the vindication and the
one doing the offense *proximate time, not 'ust
immediatel$ after+
3. Example% Buan caught his wife and his friend in a
compromising situation. Buan kills his friend the next da$
still considered proximate.
!,0L0-A#&0" L&"<&-A#&0"
Made directl$ onl$ to the person committing the
felon$
Arave offense ma$ be also against the
offender>s relatives mentioned b$ law
-ause that brought about the provocation need
not be a grave offense
0ffended part$ must have done a grave
offense to the offender or his relatives
"ecessar$ that provocation or threat
immediatel$ preceded the act. "o time interval
Ma$ be proximate. #ime interval allowed
More lenient in vindication because offense concerns the honor
of the person. .uch is more worth$ of consideration than mere
spite against the one giving the provocation or threat.
Lindication of a grave offense and passion and obfuscation can>t
be counted separatel$ and independentl$
>1 That of having acte! #pon an imp#lse so powerf#l as
nat#rall to have pro!#ce! passion or obf#scation
!assion and obfuscation is mitigating% when there are causes
naturall$ producing in a person powerful excitement, he loses his
reason and self8control. #hereb$ dismissing the exercise of his
will power.
!A..&0" A"< 0):D.-A#&0" are Mitigating -ircumstances
onl$ when the same arise from lawful sentiments *not Mitigating
-ircumstance when done in the spirit of revenge or lawlessness+
,e(uisites for !assion M 0bfuscation
a. #he offender acted on impulse powerful enough to produce
passion or obfuscation
b. #hat the act was committed not in the spirit of lawlessness or
revenge
c. #he act must come from lawful sentiments
Act which gave rise to passion and obfuscation
a. #hat there be an act, both unlawful and un'ust
b. #he act be sufficient to produce a condition of mind
c. #hat the act was proximate to the criminal act
d. #he victim must be the one who caused the passion or
obfuscation
2xample% Buan saw #omas hitting his *Buan+ son. Buan stabbed
#omas. Buan is entitled to Mitigating -ircumstance of !M0 as his
actuation arose from a natural instinct that impels a father to rush
to the rescue of his son.
#he exercise of a right or a fulfillment of a dut$ is not the proper
source of !M0.
Example% A policeman arrested Buan as he was making a public
disturbance on the streets. Buan>s anger and indignation
resulting from the arrest can>t be considered passionate
obfuscation because the policeman was doing a lawful act.
37
#he act must be sufficient to produce a condition of mind. &f the
cause of the loss of self8control was trivial and slight, the
obfuscation is not mitigating.
Example% Buan>s boss punched him for not going to work he
other da$. -ause is slight.
#here could have been no Mitigating -ircumstance of !M0 when
more than 24 hours elapsed between the alleged insult and the
commission of the felon$, or several hours have passed between
the cause of the !M0 and the commission of the crime, or at
least N hours intervened between the previous fight and
subse(uent killing of deceased b$ accused.
"ot mitigating if relationship is illegitimate
#he passion or obfuscation will be considered even if it is based
onl$ on the honest belief of the offender, even if facts turn out to
prove that his beliefs were wrong.
!assion and obfuscation cannot co8exist with treacher$ since the
means that the offender has had time to ponder his course of
action.
!A..&0" A"< 0):D.-A#&0" arising from one and the same
cause should be treated as onl$ one mitigating circumstance
Lindication of grave offense can>t co8exist wC !A..&0" A"<
0):D.-A#&0"
!A..&0" A"< 0):D.-A#&0" &,,2.&#&)/2 :0,-2
Mitigating 2xempting
"o ph$sical force needed ,e(uires ph$sical force
:rom the offender himself Must come from a 3rd person
Must come from lawful sentiments Dnlawful
!A..&0" A"< 0):D.-A#&0" !,0L0-A#&0"
!roduced b$ an impulse which ma$ be caused
b$ provocation
-omes from in'ured part$
0ffense, which engenders perturbation of mind,
need not be immediate. &t is onl$ re(uired that
the influence thereof lasts until the crime is
committed
Must immediatel$ precede the commission of
the crime
2ffect is loss of reason and self8control on the
part of the offender
.ame
?1 That the offen!er ha! vol#ntaril s#rren!ere! himself to a
person in a#thorit or his agents. or that he ha! vol#ntaril
confesse! his g#ilt before the co#rt prior to the presentation of
the evi!ence for the prosec#tion1
2 Mitigating -ircumstances present%
a+ voluntaril$ surrendered
b+ voluntaril$ confessed his guilt
&f both are present, considered as 2 independent mitigating
circumstances. Mitigate penalt$ to a greater extent
,e(uisites of voluntar$ surrender%
a+ offender not actuall$ arrested
b+ offender surrendered to a person in authorit$ or the latter>s
agent
c+ surrender was voluntar$
.urrender must be spontaneous shows his interest to
surrender unconditionall$ to the authorities
.pontaneous emphasi4es the idea of inner impulse, acting
without external stimulus. #he conduct of the accused, not his
38
intention alone, after the commission of the offense, determines
the spontaneit$ of the surrender.
Example% .urrendered after 5 $ears, not spontaneous an$more.
Example% .urrendered after talking to town councilor. "ot L...
because there>s an external stimulus
-onduct must indicate a desire to own the responsibilit$
"ot mitigating when warrant alread$ served. .urrender ma$ be
considered mitigating if warrant not served or returned unserved
because accused can>t be located.
.urrender of person re(uired. "ot 'ust of weapon.
!erson in authorit$ one directl$ vested with 'urisdiction,
whether as an individual or as a member of some
courtCgovernmentCcorporationCboardCcommission. )arrio
captainCchairman included.
Agent of person in authorit$ person who b$ direct provision of
law, or be election, or b$ appointment b$ competent authorit$ is
charged with the maintenance of public order and the protection
and securit$ of life and propert$ and an$ person who comes to
the aid of persons in authorit$.
,!- does not make distinction among the various moments
when surrender ma$ occur.
.urrender must be b$ reason of the commission of the crime for
which defendant is charged
,e(uisites for plea of guilt$
a+ offender spontaneousl$ confessed his guilt
b+ confession of guilt was made in open court *competent
court+
c+ confession of guilt was made prior to the presentation of
evidence for the prosecution
plea made after arraignment and after trial has begun does not
entitle accused to have plea considered as Mitigating
-ircumstance
plea in the ,#- in a case appealed from the M#- is not
mitigating 8 must make plea at the first opportunit$
plea during the preliminar$ investigation is no plea at all
even if during arraignment, accused pleaded not guilt$, he is
entitled to Mitigating -ircumstance as long as withdraws his plea
of not guilt$ to the charge before the fiscal could present his
evidence
plea to a lesser charge is not Mitigating -ircumstance because
to be voluntar$ plea of guilt$, must be to the offense charged
plea to the offense charged in the amended info, lesser than that
charged in the original info, is Mitigating -ircumstance
present ,ules of -ourt re(uire that even if accused pleaded
guilt$ to a capital offense, its mandator$ for court to re(uire the
prosecution to prove the guilt of the accused being likewise
entitled to present evidence to prove, inter alia, Mitigating
-ircumstance
@1 That the offen!er is !eaf an! !#mb. blin! or otherwise
s#ffering from some phsical !efect wEc th#s restricts his
means of action. !efense or comm#nication wE his fellow
beings1
)asis% one suffering from ph$sical defect which restricts him
does not have complete freedom of action and therefore, there is
diminution of that element of voluntariness.
"o distinction between educated and uneducated deaf8mute or
blind persons
#he ph$sical defect of the offender should restrict his means of
action, defense or communication with fellow beings, this has
been extended to cover cripples, armless people even stutterers.
39
#he circumstance assumes that with their ph$sical defect, the
offenders do not have a complete freedom of action therefore
diminishing the element of voluntariness in the commission of a
crime.
51 (#ch illness of the offen!er as wo#l! !iminish the e%ercise of
the willApower of the offen!er wEo !epriving him of
conscio#sness of his acts1
)asis% diminution of intelligence and intent
,e(uisites%
a+ illness of the offender must diminish the exercise of his will8
power
b+ such illness should not deprive the offender of
consciousness of his acts
when the offender completel$ lost the exercise of will8power, it
ma$ be an exempting circumstance
deceased mind, not amounting to insanit$, ma$ give place to
mitigation
2B1 'n! an other circ#mstance of a similar nat#re an!
analogo#s to those aboveAmentione!
2xamples of Kan$ other circumstance6%
a+ defendant who is =@ $ears old with failing e$esight is similar
to a case of one over H@ $ears old
b+ outraged feeling of owner of animal taken for ransom is
analogous to vindication of grave offense
c+ impulse of 'ealous feeling, similar to !A..&0" A"<
0):D.-A#&0"
d+ voluntar$ restitution of propert$, similar to voluntar$
surrender
e+ extreme povert$, similar to incomplete 'ustification based on
state of necessit$
"0# analogous%
a+ killing wrong person
b+ not resisting arrest not the same as voluntar$ surrender
c+ running amuck is not mitigating
M&#&AA#&"A -&,-DM.#A"-2 which arise from%
a+ moral attributes of the offender
Example% Buan and #omas killed !edro. Buan acted wC
!A..&0" A"< 0):D.-A#&0". 0nl$ Buan will be entitled
to Mitigating -ircumstance
b+ private relations with the offended part$
Example% Buan stole his brother>s watch. Buan sold it to
!edro, who knew it was stolen. #he circumstance of relation
arose from private relation of Buan and the brother. <oes not
mitigate !edro.
c+ other personal cause
Example% Minor, acting with discernment robbed Buan.
!edro, passing b$, helped the minor. -ircumstance of
minorit$, mitigates liabilit$ of minor onl$.
.hall serve to mitigate the liabilit$ of the principals, accomplices
and accessories to whom the circumstances are attendant.
-ircumstances which are neither exempting nor mitigating
a+ mistake in the blow
b+ mistake in the identit$ of the victim
c+ entrapment of the accused
40
d+ accused is over 1; $ears old
e+ performance of a righteous action
Example% Buan saved the lives of II people but caused the
death of the last person, he is still criminall$ liable
'GG+'D'T)NG C)+C/$(T'NCE(
<efinition #hose circumstance which raise the penalt$ for a
crime without exceeding the maximum applicable to that crime.
)asis% #he greater perversit$ of the offense as shown b$%
a+ the motivating power behind the act
b+ the place where the act was committed
c+ the means and wa$s used
d+ the time
e+ the personal circumstance of the offender
f+ the personal circumstance of the victim
Einds%
a+ Aeneric generall$ applicable to all crimes
b+ .pecific appl$ onl$ to specific crimes *ignomin$ for
chastit$ crimes3 treacher$ for persons crimes+
c+ Jualif$ing those that change the nature of the crime
*evident premeditation becomes murder+
d+ &nherent necessaril$ accompanies the commission of the
crime *evident premeditation in theft, estafa+
JDA/&:G&"A AAA,ALA#&"A A2"2,&- AAA,ALA#&"A -&,-DM.#A"-2
-&,-DM.#A"-2
Aives the proper and exclusive name, places
the author thereof in such a situation as to
deserve no other penalt$ than that specificall$
prescribed b$ law
&ncrease penalt$ to the maximum, without
exceeding limit prescribed b$ law
-an>t be offset b$ Mitigating -ircumstance Ma$ be compensated b$ Mitigating
-ircumstance
Must be alleged in the information. &ntegral part
of the offense
"eed not be alleged. Ma$ be proved over the
ob'ection of the defense. Jualif$ing if not
alleged will make it generic
Aggravating -ircumstances which <0 "0# have the effect of
increasing the penalt$%
1+ which themselves constitute a crime specificall$ punishable
b$ law or which are included in the law defining a crime and
prescribing the penalt$ thereof
Example% breaking a window to get inside the house and rob
it
2+ aggravating circumstance inherent in the crime to such
degree that it must of necessit$ accompan$ the commission
thereof
Example% evident premeditation inherent in theft, robber$,
estafa, adulter$ and concubinage
Aggravating circumstances are not presumed. Must be proved
as full$ as the crime itself in order to increase the penalt$.
'rt 2;1 'ggravating circ#mstances1 F The following are
aggravating circ#mstances:
21 That a!vantage be ta3en b the offen!er of his p#blic
position
41
,e(uisite%
a. #he offender is a public officer
b. #he commission of the crime would not have been possible
without the powers, resources and influence of the office he
holds.
2ssential 8 !ublic officer used the influence, prestige or
ascendanc$ which his office gives him as the means b$ which he
reali4ed his purpose.
:ailure in official is tantamount to abusing of office
1earing of uniform is immaterial what matters is the proof that
he indeed took advantage of his position
71 That the crime be committe! in contempt of or with ins#lt to
the p#blic a#thorities
,e(uisites%
a. #he offender knows that a public authorit$ is present
b. #he public authorit$ is engaged in the exercise of his
functions
c. #he public authorit$ is not the victim of the crime
d. #he public authorit$>s presence did not prevent the criminal
act
Example% Buan and !edro are (uarrelling and the municipal
ma$or, upon passing b$, attempts to stop them. "otwithstanding
the intervention and the presence of the ma$or, Buan and !edro
continue to (uarrel until Buan succeeds in killing !edro.
!erson in authorit$ public authorit$ who is directl$ vested with
'urisdiction, has the power to govern and execute the laws
2xamples of !ersons in Authorit$
a. Aovernor
b. Ma$or
c. )aranga$ captain
d. -ouncilors
e. Aovernment agents
f. -hief of !olice
,ule not applicable when committed in the presence of a mere
agent.
Agent subordinate public officer charged with the maintenance
of public order and protection and securit$ of life and propert$
Example% barrio vice lieutenant, barrio councilman
61 That the act be committe!:
(2) with ins#lt or in !isregar! of the respect !#e to the offen!e!
part on acco#nt of his (a) ran3. (b) age. (c) se% or
(7) that it be committe! in the !welling of the offen!e! part. if
the latter has not given provocation1
circumstances *rank, age, sex+ ma$ be taken into account only
in crimes against persons or honor, it cannot be invoked in
crimes against propert$
,ank refers to a high social position or standing b$ which to
determine one>s pa$ and emoluments in an$ scale of comparison
within a position
Age the circumstance of lack of respect due to age applies in
case where the victim is of tender age as well as of old age
.ex refers to the female sex, not to the male sex3 not
applicable when
42
a. #he offender acted wC !A..&0" A"< 0):D.-A#&0"
b. there exists a relation between the offender and the victim
*but in cases of divorce decrees where there is a direct
bearing on their child, it is applicable+
c. the condition of being a woman is indispensable in the
commission of the crime *2x. !arricide, rape, abduction+
,e(uisite of disregard to rank, age, or sex
a. -rimes must be against the victim>s person or his honor
b. #here is deliberate intent to offend or insult the respect due
to the victim>s rank, age, or sex
<isregard to rank, age, or sex is absorbed b$ treacher$ or abuse
of strength
<welling must be a building or structure exclusivel$ used for
rest and comfort *combination house and store not included+
a. ma$ be temporar$ as in the case of guests in a house or
bedspacers
b. basis for this is the sanctit$ of privac$ the law accords to
human abode
dwelling includes dependencies, the foot of the staircase and the
enclosure under the house
2lements of the aggravating circumstance of dwelling
a. -ri
me occurred in the dwelling of the victim
b. "o
provocation on the part of the victim
,e(uisites for !rovocation% A// MD.# -0"-D,
a. given b$ the owner of the dwelling
b. sufficient
c. immediate to the commission of the crime
43
1hen dwelling ma$ and ma$ not be considered
1hen it ma$ be considered 1hen it ma$ not be considered
although the offender fired the shot from
outside the house, as long as his victim was
inside
even if the killing took place outside the
dwelling, so long as the commission began
inside the dwelling
when adulter$ is committed in the dwelling of
the husband, even if it is also the dwelling of
the wife, it is still aggravating because she and
her paramour committed a grave offense to the
head of the house
&n robber$ with violence against persons,
robber$ with homicide, abduction, or illegal
detention
&f the offended part$ has given
provocation
&f both the offender and the offended
part$ are occupants of the same
dwelling
&n robber$ with force upon things, it is
inherent
;1 That the act be committe! with (2) ab#se of confi!ence or (7)
obvio#s #ngratef#lness
,e(uisites of Abuse of -onfidence ,e(uisite of 0bvious Dngratefulness
a+ 0ffended part$ has trusted the offender
b+ 0ffender abused such trust
c+ Abuse of confidence facilitated the
commission of the crime
a+ ungratefulness must be obvious, that is, there
must be something which the offender should
owe the victim a debt of gratitude for
"ote% robber$ or theft committed b$ a visitor in the
house of the offended part$ is aggravated b$
obvious ungratefulness
Example% A 'ealous lover, alread$ determined to kill his
sweetheart, invited her for a ride and during that ride, he stabbed
her
Abuse of confidence is inherent in%
a. malversation
b. (ualified theft
c. estafa b$ conversion
d. misappropriation
e. (ualified seduction
<1 That the crime be committe! in the palace of the Chief
E%ec#tive. or in his presence. or when p#blic a#thorities are
engage! in the !ischarge of their !#ties. or in a place !e!icate!
to religio#s worship1
,e(uirements of the aggravating circumstance of public office%
a. #he crime occurred in the public office
b. !ublic authorities are actuall$ performing their public duties
A polling precinct is a public office during election da$
"ature of public office should be taken into account, like a police
station which is on dut$ 24 hrs. a da$
place of the commission of the felon$ *par 5+% if it is MalacaOang
palace or a church is aggravating, regardless of whether .tate or
official3 functions are being held.
as regards other places where public authorities are engaged in
the discharge of their duties, there must be some performance of
public functions
44
the offender must have intention to commit a crime when he
entered the place
,e(uisites for aggravating circumstances for place of worship%
a. #he crime occurred in a place dedicated to the worship of
Aod regardless of religion
b. 0ffender must have decided to commit the crime when he
entered the place of worship
1hen !aragraph 2 and 5 of Article 14 are applicable
-ommitted in the presence of the -hief
2xecutive, in the !residential !alace or a place
of worship*!ar. 5, Art. 14+
-ommitted in contempt of !ublic Authorit$
*!ar. 2, Art 14+
!ublic authorities are performing of their duties
when the crime is committed
.ame
1hen crime is committed in the public office,
the officer must be performing his duties,
except in the !residential !alace
0utside the office *still performing dut$+
!ublic authorit$ ma$ be the offended part$ !ublic authorit$ is not be the offended part$

>a1 That the crime be committe! (2) in the nighttime. or (7) in an
#ninhabite! place (6) b a ban!. whenever s#ch circ#mstances
ma facilitate the commission of the offense1
"ighttime, Dninhabited !lace or )$ a )ang Aggravating when%
a. it facilitated the commission of the crime
b. especiall$ sought for b$ the offender to insure the
commission of the crime or for the purpose of impunit$
&mpunit$ means to prevent the accused>s being
recogni4ed or to secure himself against detection or
punishment
c. when the offender took the advantage thereof for the
purpose of impunit$
d. commission of the crime must have began and
accomplished at nighttime
"ighttime begins at the end of dusk and ending at dawn3 from
sunset to sunrise
a. commission of the crime must begin and be accomplished in
the nighttime
b. when the place of the crime is illuminated b$ light, nighttime
is not aggravating
c. absorbed b$ #reacher$
Dninhabited !lace one where there are no houses at all, a
place at a considerable distance from town, where the houses
are scattered at a great distance from each other
,e(uisites%
a. #he place facilitated the commission or omission of the
crime
b. <eliberatel$ sought and not incidental to the commission
or omission of the crime
c. #aken advantage of for the purpose of impunit$
what should be considered here is whether in the place of the
commission of the offense, there was a reasonable possibilit$ of
the victim receiving some help
>b1 A ,henever more than 6 arme! malefactors shall have acte!
together in the commission of an offense. it shall be !eeme! to
have been committe! b a ban!1
,e(uisites%
a. :acilitated the commission of the crime
45
b. <eliberatel$ sought
c. #aken advantage of for the purposes of impunit$
d. #here must be four or more armed men
if one of the four8armed malefactors is a principal b$ inducement,
the$ do not form a band because it is undoubtedl$ connoted that
he had no direct participation,
)and is inherent in robber$ committed in band and brigandage
&t is not considered in the crime of rape
&t has been applied in treason and in robber$ with homicide
46
?1 That the crime be committe! on the occasion of a
conflagration. shipwrec3. earth"#a3e. epi!emic or other
calamit or misfort#ne
,e(uisites%
a. -ommitted when there is a calamit$ or misfortune
1. -onflagration
2. .hipwreck
3. 2pidemic
b. 0ffender took advantage of the state of confusion or chaotic
condition from such misfortune
)asis% -ommission of the crime adds to the suffering b$ taking
advantage of the misfortune.
based on time
offender must take advantage of the calamit$ or misfortune
<istinction between !aragraphs H and 12 of Article 14
-ommitted during a calamit$ or misfortune -ommitted with the use of wasteful means
-rime is committed <D,&"A an$ of the calamities -rime is committed )G
explosion or other wasteful means
@1 That the crime be committe! with the ai! of (2) arme! men or
(7) persons who ins#re or affor! imp#nit
based on the means and wa$s
,e(uisites%
a. that armed men or persons took part in the commission of
the crime, directl$ or indirectl$
b. that the accused availed himself of their aid or relied upon
them when the crime was committed
2xceptions%
a. when both the attacking part$ and the part$ attacked were
e(uall$ armed
b. not present when the accused as well as those who
cooperated with him in the commission of the crime acted
under the same plan and for the same purpose.
c. -asual presence, or when the offender did not avail himself
of an$ of their aid nor did not knowingl$ count upon their
assistance in the commission of the crime
1&#7 #72 A&< 0: A,M2< M2" )G A )A"<
!resent even if one of the offenders merel$
relied on their aid. Actual aid is not necessar$
,e(uires more than 3 armed malefactors who
all acted together in the commission of an
offense
if there are more than 3 armed men, aid of armed men is
absorbed in the emplo$ment of a band.
51 That the acc#se! is a reci!ivist
,ecidivist one who at the time of his trial for one crime, shall
have been previousl$ convicted b$ final 'udgment of another
crime embraced in the same title of the ,!-
)asis% Areater perversit$ of the offender as shown b$ his
inclination to commit crimes
,e(uisites%
47
a. offender is on trial for an offense
b. he was previousl$ convicted b$ final 'udgment of another
crime
c. that both the first and the second offenses are embraced in
the same title of the ,!-
d. the offender is convicted of the new offense
1hat is controlling is the time of the trial, not the time of the
commission of the offense. At the time of the trial means from
the arraignment until after sentence is announced b$ the 'udge in
open court.
1hen does 'udgment become final9 *,ules of -ourt+
a. after the lapse of a period for perfecting an appeal
b. when the sentence has been partiall$ or totall$ satisfied or
served
c. defendant has expressl$ waived in writing his right to appeal
d. the accused has applied for probation
2xample of -rimes embraced in the .ame title of the ,!-
a. robber$ and theft title 1@
b. homicide and ph$sical in'uries title ;
J% #he accused was prosecuted and tried for theft, robber$ and
estafa. Budgments were read on the same da$. &s he a
recidivist9
A% "o. )ecause the 'udgment in an$ of the first two offenses was
not $et final when he was tried for the third offense
,ecidivism must be taken into account no matter how man$
$ears have intervened between the first and second felonies
!ardon does not obliterate the fact that the accused was a
recidivist, but amnest$ extinguishes the penalt$ and its effects
#o prove recidivism, it must be alleged in the information and
with attached certified copies of the sentences rendered against
the accused
2xceptions% if the accused does not ob'ect and when he admits
in his confession and on the witness stand
2B1 That the offen!er has been previo#sl p#nishe! for an
offense to which the law attaches an e"#al or greater penalt or
for two or more crimes to which it attaches a lighter penalt
,eiteracion or 7abitualit$ it is essential that the offender be
previousl$ punished3 that is, he has served sentence.
!ar. 1@ speaks of penalt$ attached to the offense, not the
penalt$ actuall$ imposed
,2&#2,A-&0" ,2-&<&L&.M
"ecessar$ that offender shall have served out
his sentence for the first sentence
2nough that final 'udgment has been rendered
in the first offense
!revious and subse(uent offenses must not be
embraced in the same title of the -ode
.ame title
"ot alwa$s an aggravating circumstance Alwa$s aggravating
4 :orms of ,epetition
a. ,ecidivism generic
b. ,eiteracion or 7abitualit$ generic
c. Multiple recidivism or 7abitual delin(uenc$ extraordinar$
aggravating
d. Juasi8,ecidivism special aggravating
7abitual <elin(uenc$ when a person within a period of 1@
$ears from the date of his release or last conviction of the crimes
48
of serious or less serious ph$sical in'uries, robber$, theft, estafa
or falsification is found guilt$ of an$ of said crimes a third time or
oftener.
Juasi8,ecidivism an$ person who shall commit a felon$ after
having been convicted b$ final 'udgment, before beginning to
serve such sentence, or while serving the same, shall be
punished b$ the maximum period of the penalt$ prescribed b$
law for the new felon$
221 That the crime be committe! in consi!eration of a price.
rewar! or promise1
,e(uisites%
a. At least 2 principals
1. #he principal b$ inducement
2. #he principal b$ direct participation
b. the price, reward, or promise should be previous to and in
consideration of the commission of the criminal act
Applicable to both principals.
271 That the crime be committe! b means of in#n!ation. fire.
poison. e%plosion. stran!ing a vessel or intentional !amage
thereto. or !erailment of a locomotive. or b #se of an other
artifice involving great waste or r#in1
,e(uisite% #he wasteful means were used b$ the offender to
accomplish a criminal purpose
261 That the act be committe! with evi!ent preme!itation
2ssence of premeditation% the execution of the criminal act must
be preceded b$ cool thought and reflection upon the resolution to
carr$ out the criminal intent during the space of time sufficient to
arrive at a calm 'udgment
,e(uisites%
a. the time when the offender determined to commit the crime
b. an act manifestl$ indicating that the culprit has clung to his
determination
c. a sufficient lapse of time between the determination and
execution to allow him to reflect upon the conse(uences of
his act and to allow his conscience to overcome the
resolution of his will
-onspirac$ generall$ presupposes premeditation
1hen victim is different from that intended, premeditation is not
aggravating. Although it is not necessar$ that there is a plan to
kill a particular person for premeditation to exist *e.g. plan to kill
first 2 persons one meets, general attack on a villagePfor as
long as it was planned+
#he premeditation must be based upon external facts, and must
be evident, not merel$ suspected indicating deliberate planning
2vident premeditation is inherent in robber$, adulter$, theft,
estafa, falsification, and etc.
2;1 That (2) craft. (7) fra#!. or (6) !isg#ise be emploe!
-raft involves intellectual tricker$ and cunning on the part of
the accused.
&t is emplo$ed as a scheme in the execution of the crime *e.g.
accused pretended to be members of the constabular$, accused
in order to perpetrate rape, used chocolates containing drugs+
49
:raud involves insidious words or machinations used to induce
victim to act in a manner which would enable the offender to
carr$ out his design.
as distinguished from craft which involves acts done in order not
to arouse the suspicion of the victim, fraud involves a direct
inducement through entrapping or beguiling language or
machinations
<isguise resorting to an$ device to conceal identit$. !urpose of
concealing identit$ is a must.
<istinction between -raft, :raud, and <isguise
-raft :raud
&nvolves the use of intellectual
tricker$ and cunning to arouse
suspicion of the victim
&nvolves the use of direct
inducement b$ insidious words or
machinations
&nvolves the use of
devise to conceal identit$
,e(uisite% #he offender must have actuall$ taken advantage of
craft, fraud, or disguise to facilitate the commission of the crime.
&nherent in% estafa and falsification
50
2<1 That (2) a!vantage be ta3en of s#perior strength. or (7)
means be emploe! to wea3en the !efense
#o purposel$ use excessive force out of the proportion to the
means of defense available to the person attacked.
a. .uperiorit$ ma$ arise from aggressor>s sex, weapon or
number as compared to that of the victim *e.g. accused
attacked an unarmed girl with a knife3 3 men stabbed to
death the female victim+.
b. "o advantage of superior strength when one who attacks is
overcome with passion and obfuscation or when (uarrel
arose unexpectedl$ and the fatal blow was struck while
victim and accused were struggling.
c. Ls. b$ a band % circumstance of abuse of superior strength,
what is taken into account is not the number of aggressors
nor the fact that the$ are armed but their relative ph$sical
might vis8Q8vis the offended part$
,e(uisite of Means to 1eaken <efense
a. Means were purposel$ sought to weaken the defense of the
victim to resist the assault
b. #he means used must not totall$ eliminate possible defense
of the victim, otherwise it will fall under treacher$
#o weaken the defense illustrated in the case where one
struggling with another suddenl$ throws a cloak over the head of
his opponent and while in the said situation, he wounds or kills
him. 0ther means of weakening the defense would be
intoxication or disabling thru the senses *casting dirt of sand
upon another>s e$es+
2>1 That the act be committe! with treacher (alevosia)
#,2A-72,G% when the offender commits an$ of the crime
against the person, emplo$ing means, methods or forms in the
execution thereof which tend directl$ and speciall$ to insure its
execution without risk to himself arising from the defense which
the offended part$ might make.
,e(uisites%
a. that at the time of the attack, the victim was not in the
position to defend himself
b. that the offender consciousl$ adopted the particular means,
method or form of attack emplo$ed b$ him
#reacher$ can>t be considered when there is no evidence that
the accused, prior to the moment of the killing, resolved to
commit to crime, or there is no proof that the death of the victim
was the result of meditation, calculation or reflection.
a. does not exist if the accused gave the deceased chance to
prepare or there was warning given or that it was preceded
b$ a heated argument
b. there is alwa$s treacher$ in the killing of child
c. generall$ characteri4ed b$ the deliberate and sudden and
unexpected attack of the victim from behind, without an$
warning and without giving the victim an opportunit$ to
defend himself
2xamples% victim asleep, half8awake or 'ust awakened, victim
grappling or being held, stacks from behind
)ut treacher$ ma$ exist even if attack is face8to8face as long
as victim was not given an$ chance to prepare defense
#,2A-72,G A)D.2 0: .D!2,&0,
.#,2"A#7
M2A". 2M!/0G2< #0
12AE2" <2:2".2
Means, methods or forms are
emplo$ed b$ the offender to
make it impossible or hard for
the offended part$ to put an$
0ffender does not emplo$
means, methods or forms of
attack, he onl$ takes
advantage of his superior
Means are emplo$ed but it
onl$ materiall$ weakens the
resisting power of the offended
part$
51
sort of resistance strength
1here there is conspirac$, treacher$ is considered against all
the offenders
#reacher$ absorbs abuse of strength, aid of armed men, b$ a
band and means to weaken the defense
2?1 That the means be emploe! or circ#mstances bro#ght
abo#t which a!! ignomin to the nat#ral effects of the acts
&A"0M&"G is a circumstance pertaining to the moral order,
which adds disgrace and oblo(u$ to the material in'ur$ caused
b$ the crime
Applicable to crimes against chastit$ *rape included+, less
serious ph$sical in'uries, light or grave coercion and murder
,e(uisites%
a. -rime must be against chastit$, less serious ph$sical
in'uries, light or grave coercion, and murder
b. #he circumstance made the crime more humiliating and
shameful for the victim
2xamples% accused embraced and kissed the offended part$ not
out of lust but out of anger in front of man$ people, raped in front
of the husband, raped successivel$ b$ five men
tend to make the effects of the crime more humiliating
&gnomin$ not present where the victim was alread$ dead when
such acts were committed against his bod$ or person
2@1 That the crime be committe! after an #nlawf#l entr
Dnlawful entr$ when an entrance is effected b$ a wa$ not
intended for the purpose. Meant to effect entrance and "0#
exit.
1h$ aggravating9 0ne who acts, not respecting the walls
erected b$ men to guard their propert$ and provide for their
personal safet$, shows greater perversit$, a greater audacit$ and
hence the law punishes him with more severit$
2xample% ,apist gains entrance thru the window
&nherent in% #respass to dwelling, robber$ with force upon things,
and robber$ with violence or intimidation against persons.
251 That as a means to the commission of the crime. a wall. roof.
!oor or win!ow be bro3en
,e(uisites%
a. A wall, roof, window, or door was broken
b. #he$ were broken to effect entrance
Applicable onl$ if such acts were done b$ the offender to effect
entrance.
)reaking is lawful in the following instances%
a. an officer in order to make an arrest ma$ break open a door
or window of an$ building in which the person to be arrested
is or is reasonabl$ believed to be3
b. an officer if refused admittance ma$ break open an$ door or
window to execute the search warrant or liberate himself,
52
7B1 That the crime be committe! (2) with the ai! of persons
#n!er 2< ears of age. or (7) b means of motor vehicles.
airships or other similar means1
,eason for R1% to repress, so far as possible, the fre(uent
practice resorted to b$ professional criminals to avail themselves
of minors taking advantage of their responsibilit$ *remember that
minors are given lenienc$ when the$ commit a crime+
Example% Buan instructed a 148$ear old to climb up the fence and
open the gate for him so that he ma$ rob the house
,eason for R2% to counteract the great facilities found b$ modern
criminals in said means to commit crime and flee and abscond
once the same is committed. "ecessar$ that the motor vehicle
be an important tool to the consummation of the crime *bic$cles
not included+
Example% Buan and !edro, in committing theft, used a truck to
haul the appliances from the mansion.
721 That the wrong !one in the commission of the crime be
!eliberatel a#gmente! b ca#sing other wrong not necessar
for its commission
-,D2/#G% when the culprit en'o$s and delights in making his
victim suffer slowl$ and graduall$, causing him unnecessar$
ph$sical pain in the consummation of the criminal act. -ruelt$
cannot be presumed nor merel$ inferred from the bod$ of the
deceased. 7as to be proven.
a. mere pluralit$ of words do not show cruelt$
b. no cruelt$ when the other wrong was done after the victim
was dead
,e(uisites%
a. that the in'ur$ caused be deliberatel$ increased b$ causing
other wrong
b. that the other wrong be unnecessar$ for the execution of the
purpose of the offender
&A"0M&"G -,D2/#G
Moral suffering sub'ected to humiliation !h$sical suffering
'rt 2<1 'LTE+N'T)DE C)+C/$(T'NCE(1 Their concept1 F
'lternative circ#mstances are those which m#st be ta3en into
consi!eration as aggravating or mitigating accor!ing to the
nat#re an! effects of the crime an! the other con!itions
atten!ing its commission1 The are the relationship.
into%ication an! the !egree of instr#ction an! e!#cation of the
offen!er1
The alternative circ#mstance of relationship shall be
ta3en into consi!eration when the offen!e! part in the spo#se.
ascen!ant. !escen!ant. legitimate. nat#ral. or a!opte! brother
or sister. or relative b affinit in the same !egrees of the
offen!er1
The into%ication of the offen!er shall be ta3en into
consi!eration as a mitigating circ#mstances when the offen!er
has committe! a felon in a state of into%ication. if the same is
not habit#al or s#bse"#ent to the plan to commit sai! felon b#t
when the into%ication is habit#al or intentional. it shall be
consi!ere! as an aggravating circ#mstance1
Alternative -ircumstances those which must be taken into
consideration as aggravating or mitigating according to the
nature and effects of the crime and other conditions attending its
commission.
#he$ are%
a. relationship taken into consideration when offended part$
is the spouse, ascendant, descendant, legitimate, natural or
adopted brother or sister, or relative b$ affinit$ in the same
degree of the offender
53
b. intoxication mitigating when the offender has committed a
felon$ in the state of intoxication, if the same is not habitual
or subse(uent to the plan to commit the said felon$.
Aggravating if habitual or intentional
c. degree of instruction and education of the offender
,2/A#&0".7&!
M&#&AA#&"A -&,-DM.#A"-2 AAA,ALA#&"A -&,-DM.#A"-2
&n crimes against propert$ *robber$, usurpation,
fraudulent insolvenc$, arson+
&n crimes against persons in cases where
the offender, or when the offender and the
offended part$ are relatives of the same level,
as killing a brother, adopted brother or half8
brother.
Alwa$s aggravating in crimes against chastit$.
2xception% Art 332 of -- no criminal liabilit$,
civil liabilit$ onl$ for the crimes of theft,
swindling or malicious mischief committed or
caused mutuall$ b$ spouses, ascendants,
descendants or relatives b$ affinit$ *also
brothers, sisters, brothers8in8law or sisters8in8
law if living together+. &t becomes an
2?2M!#&"A circumstance.
,elationship neither mitigating nor aggravating when relationship
is an element of the offense.
2xample% parricide, adulter$, concubinage.
&"#0?&-A#&0"
M&#&AA#&"A -&,-DM.#A"-2 AAA,ALA#&"A -&,-DM.#A"-2
a+ if intoxication is not habitual
b+ if intoxication is not subse(uent to the plan
to commit a felon$
a+ if intoxication is habitual such habit must
be actual and confirmed
b+ if its intentional *subse(uent to the plan to
commit a felon$+
Must show that he has taken such (uantit$ so as to blur his
reason and deprive him of a certain degree of control
A habitual drunkard is given to inebriet$ or the excessive use of
intoxicating drinks.
7abitual drunkenness must be shown to be an actual and
confirmed habit of the offender, but not necessaril$ of dail$
occurrence.
<2A,22 0: &".#,D-#&0" A"< 2<D-A#&0"
M&#&AA#&"A -&,-DM.#A"-2 AAA,ALA#&"A -&,-DM.#A"-2
/ow degree of instruction education or the lack
of it. )ecause he does not full$ reali4e the
conse(uences of his criminal act. "ot 'ust mere
illiterac$ but lack of intelligence.
7igh degree of instruction and education
offender avails himself of his learning in
committing the offense.
<etermined b$% the court must consider the circumstance of lack
of instruction
2xceptions *not mitigating+%
a. crimes against propert$
b. crimes against chastit$ *rape included+
c. crime of treason
54
'rt 2> ,ho are criminall liable1 F The following are criminall
liable for grave an! less grave felonies:
21 Principals1
71 'ccomplices1
61 'ccessories1
The following are criminall liable for light felonies:
21 Principals
71 'ccomplices1
Accessories not liable for light felonies because the individual
pre'udice is so small that penal sanction is not necessar$
0nl$ natural persons can be criminals as onl$ the$ can act with
malice or negligence and can be subse(uentl$ deprived of
libert$. Buridical persons are liable under special laws.
Manager of a partnership is liable even if there is no evidence of
his direct participation in the crime.
-orporations ma$ be the in'ured part$
Aeneral ,ule% -orpses and animals have no rights that ma$ be
in'ured.
2xception% defamation of the dead is punishable when it
blackens the memor$ of one who is dead.
'rt 2?1 Principals1 F The following are consi!ere! principals:
21 Those who ta3e a !irect part in the e%ec#tion of the act:
71 Those who !irectl force or in!#ce others to commit it:
61 Those who cooperate in the commission of the offense
b another act witho#t which it wo#l! not have been
accomplishe!1
Principals b -irect Participation
,e(uisites for 2 or more to be principals b$ direct participation%
a. participated in the criminal resolution *conspirac$+
b. carried out their plan and personall$ took part in its
execution b$ acts which directl$ tended to the same end
-onspirac$ &s unit$ of purpose and intention.
2stablishment of -onspirac$
a. proven b$ overt act
b. "ot mere knowledge or
approval
c. &t is not necessar$ that there
be formal agreement.
d. Must prove be$ond
reasonable doubt
e. -onspirac$ is implied when
the accused had a common purpose and were united in
execution.
f. Dnit$ of purpose and
intention in the commission of the crime ma$ be shown in
the following cases%
1. .pontaneous agreement at the moment of the
commission of the crime
2. Active -ooperation b$ all the offenders in the
perpetration of the crime
3. -ontributing b$ positive acts to the reali4ation of a
common criminal intent
55
4. !resence during the commission of the crime b$ a band
and lending moral support thereto.
g. 1hile conspirac$ ma$ be
implied from the circumstances attending the commission of
the crime, it is nevertheless a rule that conspirac$ must be
established b$ positive and conclusive evidence.
-onspirator not liable for the crimes of the other which is not the
ob'ect of the conspirac$ or is not a logical or necessar$
conse(uence thereof
Multiple rape each rapist is liable for another>s crime because
each cooperated in the commission of the rapes perpetrated b$
the others
2xception% in the crime of murder with treacher$ all the
offenders must at least know that there will be treacher$ in
executing the crime or cooperate therein.
2xample% Buan and !edro conspired to kill #omas without the
previous plan of treacher$. &n the crime scene, Buan used
treacher$ in the presence of !edro and !edro knew such. )oth
are liable for murder. )ut if !edro sta$ed b$ the gate while Buan
alone killed #omas with treacher$, so that !edro didn>t know how
it was carried out, Buan is liable for murder while !edro for
homicide.
"o such thing as conspirac$ to commit an offense through
negligence. 7owever, special laws ma$ make one a co8principal.
Example) /nder the Pure >ood and Brug Act, a storeowner is
liable for the act of his emplo$ees of selling adulterated coffee,
although he didn>t know that coffee was being sold.
-onspirac$ is negatived b$ the ac(uittal of co8defendant.
#hat the culprits Kcarried out the plan and personall$ took part in
the execution, b$ acts which directl$ tended to the same end6%
a. #he
principals b$ direct participation must be at the scene of the
crime, personall$ taking part, although he was not present in
the scene of the crime, he is e(uall$ liable as a principal b$
direct participation.
b. 0n
e serving as guard pursuant to the conspirac$ is a principal
direct participation.
&f the second element is missing, those who did not participate in
the commission of the acts of execution cannot be held criminall$
liable, unless the crime agreed to be committed is treason,
sedition, or rebellion.
Principals b )n!#ction
a. :Those who directly force or induce others to commit it;
b. !rincipal b$ induction liable onl$ when principal b$ direct
participation committed the act induced
c. ,e(uisites%
1. inducement be made directl$ with the intention of
procuring the commission of the crime
2. such inducement be the determining cause of the
commission of the crime b$ the material executor
d. :orms of &nducements
1. )$ !rice, reward or promise
1. )$ irresistible force or uncontrollable fear
d. &mprudent advice does not constitute sufficient inducement
e. ,e(uisites for words of command to be considered
inducement%
1. -ommander has the intention of procuring the
commission of the crime
2. -ommander has ascendanc$ or influence
3. 1ords used be so direct, so efficacious, so powerful
4. -ommand be uttered prior to the commission
56
5. 2xecutor had no personal reason
f. 1ords uttered in the heat of anger and in the nature of the
command that had to be obe$ed do not make one an
inductor.
&"<D-#0, !,0!0.2. #0 -0MM&# A :2/0"G
&nduce others .ame
/iable onl$ when the crime is executed !unishable at once when proposes to commit
rebellion or treason. #he person to whom one
proposed should not commit the crime, otherwise the
latter becomes an inductor
-overs an$ crime -overs onl$ treason and rebellion
2ffects of Ac(uittal of !rincipal b$ direct participation on liabilit$
of principal b$ inducement
a. -onspirac$ is negated b$ the ac(uittal of the co8defendant.
b. 0ne can not be held guilt$ of instigating the commission of
the crime without first showing that the crime has been
actuall$ committed b$ another. )ut if the one charged as
principal b$ direct participation be ac(uitted because he
acted without criminal intent or malice, it is not a ground for
the ac(uittal of the principal b$ inducement.

Principals b )n!ispensable Cooperation
a. KThose who cooperate in the commission of the offense by
another act without which it would not have been
accomplished;
b. ,e(uisites%
1. !articipation in the criminal resolution
2. -ooperation through another act *includes negligence+
Fthere is collective criminal responsibilit$ when the offenders are
criminall$ liable in the same manner and to the same extent. #he
penalt$ is the same for all.
there is individual criminal responsibilit$ when there is no
conspirac$.
57
'rt1 2@1 'ccomplices1 F 'ccomplices are those persons who.
not being incl#!e! in 'rt1 2?. cooperate in the e%ec#tion of the
offense b previo#s or sim#ltaneo#s acts1
,e(uisites%
a. there be a communit$ of design *principal originates the
design, accomplice onl$ concurs+
b. he cooperates in the execution b$ previous or simultaneous
acts, intending to give material and moral aid *cooperation
must be knowingl$ done, it must also be necessar$ and not
indispensable
c. #here be a relation between the acts of the principal and the
alleged accomplice
2xamples% a+ Buan was choking !edro. #hen #omas ran up and
hit !edro with a bamboo stick. Buan continued to choke !edro
until he was dead. #omas is onl$ an accomplice because the
fatal blow came from Buan. b+ /ending a dagger to a killer,
knowing the latter>s purpose.
An accomplice has knowledge of the criminal design of the
principal and all he does is concur with his purpose.
#here must be a relation between the acts done b$ the principal
and those attributed to the person charges as accomplice
&n homicide or murder, the accomplice must not have inflicted
the mortal wound.
'rt1 251 'ccessories1 F 'ccessories are those who. having
3nowle!ge of the commission of the crime. an! witho#t having
participate! therein. either as principals or accomplices. ta3e
part s#bse"#ent to its commission in an of the following
manners:
21 & profiting themselves or assisting the offen!er to
profit b the effects of the crime1
71 & concealing or !estroing the bo! of the crime. or
the effects or instr#ments thereof. in or!er to prevent its
!iscover1
61 & harboring. concealing. or assisting in the escape
of the principals of the crime. provi!e! the accessor acts with
ab#se of his p#blic f#nctions or whenever the a#thor of the
crime is g#ilt of treason. parrici!e. m#r!er. or an attempt to
ta3e the life of the Chief E%ec#tive. or is 3nown to be habit#all
g#ilt of some other crime1
2xample of !ar 1% person received and used propert$ from
another, knowing it was stolen
2xample of !ar 2% placing a weapon in the hand of the dead who
was unlawfull$ killed to plant evidence, or bur$ing the deceased
who was killed b$ the principals
2xample of !ar 3% a+ public officers who harbor, conceal or assist
in the escape of the principal of an$ crime *not light felon$+ with
abuse of his public functions, b+ private persons who harbor,
conceal or assist in the escape of the author of the crime guilt$
of treason, parricide, murder or an attempt against the life of the
!resident, or who is known to be habituall$ guilt$ of some crime.
Aeneral ,ule% !rincipal ac(uitted, Accessor$ also ac(uitted
2xception% when the crime was in fact committed but the
principal is covered b$ exempting circumstances.
2xample% Minor stole a ring and Buan, knowing it was stolen,
bought it. Minor is exempt. Buan liable as accessor$
#rial of accessor$ ma$ proceed without awaiting the result of the
separate charge against the principal because the criminal
responsibilities are distinct from each other
/iabilit$ of the accessor$ the responsibilit$ of the accessor$ is
subordinate to that of a principal in a crime because the
accessor$>s participation therein is subse(uent to its
58
commission, and his guilt is directl$ related to the principal. &f the
principal was ac(uitted b$ an exempting circumstance the
accessor$ ma$ still be held liable.
<ifference of accessor$ from principal and accomplice%
a. Accessor$ does not take direct part or cooperate in, or
induce the commission of the crime
b. Accessor$ does not cooperate in the commission of the
offense b$ acts either prior thereto or simultaneous therewith
c. !articipation of the accessor$ in all cases alwa$s takes place
after the commission of the crime
d. #akes part in the crime through his knowledge of the
commission of the offense.
'rt1 7B1 'ccessories who are e%empt from criminal liabilit1 F
The penalties prescribe! for accessories shall not be impose!
#pon those who are s#ch with respect to their spo#ses.
ascen!ants. !escen!ants. legitimate. nat#ral. an! a!opte!
brothers an! sisters. or relatives b affinit within the same
!egrees. with the single e%ception of accessories falling within
the provisions of paragraph 2 of the ne%t prece!ing article1
)asis% #ies of blood and the preservation of the cleanliness of
one>s name which compels one to conceal crimes committed b$
relatives so near as those mentioned.
"ephew and "iece not included
Accessor$ not exempt when helped a relative8principal b$
profiting from the effects of the crime, or assisted the offender to
profit from the effects of the crime.
0nl$ accessories covered b$ par 2 and 3 are exempted.
!ublic officer who helped his guilt$ brother escape does not incur
criminal liabilit$ as ties of blood constitutes a more powerful
incentive than the call of dut$.
!2"A/#G suffering inflicted b$ the .tate for the transgression
of a law.
3 fold purpose%
a. retribution or expiation penalt$ commensurate with the
gravit$ of the offense
b. correction or reformation rules which regulate the
execution of penalties consisting of deprivation of libert$
c. social defense inflexible severit$ to recidivists and habitual
delin(uents
Buridical -onditions of !enalt$
a. Must be productive of suffering limited b$ the integrit$ of
human personalit$
b. Must be proportionate to the crime
c. Must be personal imposed onl$ upon the criminal
d. Must be legal according to a 'udgment of fact and law
e. Must be e(ual applies to ever$one regardless of the
circumstance
f. Must bee correctional to rehabilitate the offender
'rt1 721 Penalties that ma be impose!1 F No felon shall be
p#nishable b an penalt not prescribe! b law prior to its
commission1
59
Auarantees that no act of a citi4en will be considered criminal
unless the .tate has made it so b$ law and provided a penalt$
2xcept% 1hen the penalt$ is favorable to the criminal
'rt1 771 +etroactive effect of penal laws1 F Penal Laws shall
have a retroactive effect insofar as the favor the persons g#ilt
of a felon. who is not a habit#al criminal. as this term is
!efine! in +#le < of 'rticle >7 of this Co!e. altho#gh at the time
of the p#blication of s#ch laws a final sentence has been
prono#nce! an! the convict is serving the same1
Aeneral ,ule% -riminal laws are given prospective effects
2xception% Aive retroactive effect when favorable to the accused.
2x. .pecial law made the penalt$ less severe but must refer to
the same deed or omission penali4ed b$ the former statute
"ew law ma$ provide that its provisions not to be applied to
cases alread$ filed in court at the time of the approval of such
law.
#he favorable retroactive effect of a new law ma$ find the
defendant in one of the 3 situations
a. crime has been committed and the prosecution begins
b. sentence has been passed but service has not begun
c. sentence is being carried out.
7abitual criminal *person who within the pd of 1@ $ears from date
of release or last conviction of the crimes of serious or less
serious ph$sical in'uries, robber$, theft, estafa or falsification, he
is found guilt$ of an$ said crimes a third time or oftener+ is "0#
entitled to the benefit of the provisions of the new favorable law.
-ivil liabilities not covered b$ Art 22 because rights of offended
persons are not within the gift of arbitrar$ disposal of the .tate.
)ut new law increasing civil liabilit$ cannot be given retroactive
effect.
,etroactivit$ applicable also to special laws
#he right to punish offenses committed under an old penal law is
not extinguished if the offenses are still punished in the repealing
penal law. 7owever, if b$ re8enactment of the provisions of the
former law, the repeal is b$ implication and there is a saving
clause, criminal liabilit$ under the repealed law subsists.
"o retroactive effect of penal laws as regards 'urisdiction of the
court. Burisdiction of the court is determined b$ the law in force at
the time of the institution of the action, not at the time of the
commission of the crime.
Burisdiction of courts in criminal cases is determined b$ the
allegations of the complaint or information, and not b$ the
findings the court ma$ make after trial.
1hen a law is ex post facto
a Makes criminal an act done before the passage of the law
and which was innocent when done, and punishes such an
act.
b Aggravates the crime or makes it greater than it was when
committed.
c -hanges the punishment and inflicts a greater punishment
than the law annexed to the crime when committed.
d Alters the legal rules of evidence and authori4es conviction
upon less or different testimon$ than the law re(uired at the
time of the commission of the crime.
e Assuming to regulate civil rights and remedies onl$, in effect
imposes penalt$ or deprivation of a right for something which
when done was lawful.
f <eprives a person accused of a crime some lawful
protection to which he has become entitled, such as the
protection of a former conviction or ac(uittal or a
proclamation of amnest$.
60
)ill of Attainder a legislative act which inflicts punishment
without trial. &ts essence is the substitution of a legislative for a
'udicial determination of guilt.
2ffect of change of !enal /aw
a 1ith enactment of a penal law punishing the offense the
action is not dismissed. #he penalt$ in the new law if
favorable to the accused.
b 1ithout enactment of a penal law punishing the offense 8
the previous offense is obliterated and the action is
dismissed.
'rt1 761 Effect of par!on b the offen!e! part1 F ' par!on of
the offen!e! part !oes not e%ting#ish criminal action e%cept
as provi!e! in 'rticle 6;; of this Co!e: b#t civil liabilit with
regar! to the interest of the in9#re! part is e%ting#ishe! b his
e%press waiver1
2ven if in'ured part$ alread$ pardoned the offender fiscal can
still prosecute. "ot even considered a ground for dismissal of the
information. 2xception% Art 344 8 crimes of seduction, abduction,
rape or acts of lasciviousness pardon must be expressed.
)asis% crime is an offense against the .tate. Aggrieved part$
onl$ a witness.
0nl$ -hief 2xecutive can pardon the offenders
-an>t compromise criminal liabilit$, onl$ civil liabilit$ but it still
shall not extinguish the public action for the imposition of the
legal penalt$.
0ffended part$ in the crimes of adulter$ and concubinage can>t
institute criminal prosecution if he shall have consented or
pardoned the offenders.
!ardon in adulter$ and concubinage ma$ be implied continued
inaction after learning of the offense. Must pardon both
offenders.
#he pardon afforded the offenders must come )2:0,2 the
institution of the criminal proceedings. -omplaint for an$ of the
above8mentioned crimes in Art 344 will still be prosecuted b$ the
court on the ground that the pardon *basis for the motion to
dismiss+ was given after the filing of the complaint.
#he onl$ act that extinguishes the penal action, after the
institution of criminal action, is the marriage between the
offender and the offended part$
!ardon under Art 344 is onl$ a bar to criminal prosecution. &t
<02. "0# extinguish criminal liabilit$. &t is not one of the
causes that totall$ extinguish criminal liabilit$ in Art ;I.
-ivil liabilit$ with regard to the interest of the in'ured part$ is
extinguished b$ his express waiver because personal in'ur$ ma$
be repaired through indemnit$ an$wa$. .tate has no reason to
insist on its pa$ment.
1aiver must be express.
'rt1 7;1 $eas#res of prevention or safet which are nor
consi!ere! penalties1 F The following shall not be consi!ere!
as penalties:
21 The arrest an! temporar !etention of acc#se!
persons. as well as their !etention b reason of insanit or
imbecilit. or illness re"#iring their confinement in a hospital1
71 The commitment of a minor to an of the instit#tions
mentione! in 'rticle @B an! for the p#rposes specifie! therein1
61 (#spension from the emploment of p#blic office
!#ring the trial or in or!er to instit#te procee!ings1
61
;1 =ines an! other corrective meas#res which. in the
e%ercise of their a!ministrative !isciplinar powers. s#perior
officials ma impose #pon their s#bor!inates1
<1 -eprivation of rights an! the reparations which the
civil laws ma establish in penal form1
!ar 1 refers to the Kaccused persons6 who are detained Kb$
reason of insanit$ or imbecilit$6 not an insane or imbecile who
has not been arrested for a crime.
#he$ are not considered penalties because the$ are not imposed
as a result of 'udicial proceedings. #hose in par 1, 3 and 4 are
merel$ preventive measures before the conviction of offenders.
-ommitment of a minor is not a penalt$ because it is not
imposed b$ the court in a 'udgment. #he imposition of the
sentence in such a case is suspended.
:ines in par 4 are not imposed b$ the court because otherwise,
the$ constitute a penalt$
'rt1 7<1 Penalties which ma be impose!1 F The penalties which
ma be impose! accor!ing to this Co!e. an! their !ifferent
classes. are those incl#!e! in the following:
(cale
P+)NC)P'L PEN'LT)E(
Capital p#nishment:
-eath1
'fflictive penalties:
+ecl#sion perpet#a.
+ecl#sion temporal.
Perpet#al or temporar absol#te !is"#alification.
Perpet#al or temporar special !is"#alification.
Prision maor1
Correctional penalties:
Prision correccional.
'rresto maor.
(#spension.
-estierro1
Light penalties:
'rresto menor.
P#blic cens#re1
Penalties common to the three prece!ing classes:
=ine. an!
&on! to 3eep the peace1
'CCE((O+C PEN'LT)E(
Perpet#al or temporar absol#te !is"#alification.
Perpet#al or temporar special !is"#alification.
(#spension from p#blic office. the right to vote an! be vote!
for. the
profession or calling1
Civil inter!iction.
)n!emnification.
=orfeit#re or confiscation of instr#ments an! procee!s of the
offense.
Pament of costs1
62
-lassification of penalties%
a !rincipal 8 art 25
b Accessor$ deemed included in the imposition of the
principal penalties
According to divisibilit$ *principal+
a divisible those that have fixed duration and are divisible
into 3 periods
b indivisible no fixed duration *death, ,!, perpetual or
absolute dis(ualification+
According to sub'ect matter
a corporal death
b deprivation of freedom reclusion, prision, arresto
c restriction of freedom destierro
d deprivation of rights dis(ualification and suspension
e pecuniar$ fine
According to gravit$
a capital
b afflictive
c correccional
d light
!ublic censure is a penalt$, and being such, is not proper in
ac(uittal. )ut a competent court, while ac(uitting an accused
ma$, with un(uestionable propriet$ express its disapproval or
reprehension of those acts to avoid the impression that b$
ac(uitting the accused it approves or admires his conduct.
!ermanent and temporar$ absolute and permanent and
temporar$ special dis(ualification and suspension ma$ be
principal or accessor$ penalties because the$ are found in 2
general classes.
'rt1 7>1 ,hen afflictive. correctional. or light penalt1 F ' fine.
whether impose! as a single of as an alternative penalt. shall
be consi!ere! an afflictive penalt. if it e%cee!s >.BBB pesos: a
correctional penalt. if it !oes not e%cee! >.BBB pesos b#t is not
less than 7BB pesos: an! a light penalt if it less than 7BB
pesos1
:ines are imposed either as alternative *Art 144 punishing
disturbance of proceedings with arresto ma$or or fine from 2@@
pesos to 1@@@ pesos+ or single *fine of 2@@ to =@@@ pesos+
!enalt$ cannot be imposed in the alternative since it>s the dut$ of
the court to indicate the penalt$ imposed definitel$ and positivel$.
#hus, the court cannot sentence the guilt$ person in a manner as
such as Kto pa$ fine of 1@@@ pesos, or to suffer an imprisonment
of 2 $ears, and to pa$ the costs.6
&f the fine imposed b$ the law for the felon$ is exactl$ 2@@ pesos,
it is a light felon$.
:ines%
a Afflictive over =@@@
b -orrectional 2@1 to =@@@
c /ight 2@@ and less
"ote% #he classification applies if the fine is imposed as a single
or alternative penalt$. 7ence, it does not appl$ if the fine
imposed together with another penalt$.
)ond to keep the peace is b$ analog$%
a Afflictive over =@@@
b -orrectional 2@1 to =@@@
63
c /ight 2@@ and less
<istinction between classification of !enalties in Art. I and Art. 2=
Article I Article 2=
Applicable in determining the prescriptive
period of felonies
Applicable in determining the prescriptive
period of penalties
-/+'T)ON 'N- E==ECT O= PEN'LT)E(
'rt1 7?1 +ecl#sion perpet#a1 F 'n person sentence! to an of
the perpet#al penalties shall be par!one! after #n!ergoing the
penalt for thirt ears. #nless s#ch person b reason of his
con!#ct or some other serio#s ca#se shall be consi!ere! b
the Chief E%ec#tive as #nworth of par!on1
+ecl#sion temporal1 F The penalt of recl#sion temporal shall
be from twelve ears an! one !a to twent ears1
Prision maor an! temporar !is"#alification1 F The !#ration
of the penalties of prision maor an! temporar !is"#alification
shall be from si% ears an! one !a to twelve ears. e%cept
when the penalt of !is"#alification is impose! as an accessor
penalt. in which case its !#ration shall be that of the principal
penalt1
Prision correccional. s#spension. an! !estierro1 F The !#ration
of the penalties of prision correccional. s#spension an!
!estierro shall be from si% months an! one !a to si% ears.
e%cept when s#spension is impose! as an accessor penalt. in
which case. its !#ration shall be that of the principal penalt1
'rresto maor1 F The !#ration of the penalt of arresto maor
shall be from one month an! one !a to si% months1
'rresto menor1 F The !#ration of the penalt of arresto menor
shall be from one !a to thirt !as1
&on! to 3eep the peace1 F The bon! to 3eep the peace shall be
re"#ire! to cover s#ch perio! of time as the co#rt ma
!etermine1
3 fold rule% the maximum duration of the convict>s sentence shall
not be more than 3 times the length of time corresponding to the
most severe of the penalties imposed upon him.
the maximum duration of the convict>s sentence shall in no case
exceed 4@ $ears
#emporar$ dis(ualification and suspension, when imposed as
accessor$ penalties, have different durations the$ follow the
duration of the principal penalt$
<estierro is imposed in the following circumstances%
a serious ph$sical in'uries or death under exceptional
circumstances *spouse finding other spouse in pari delicto+
b failure to give bond for good behavior * a person making
threat ma$ be re(uired to give bond not to molest the person
threatened, if not destierro+
c penalt$ for the concubine
d in cases where the reduction of the penalt$ b$ one or more
degrees results in destierro
)ond to keep the peace is not specificall$ provided as a penalt$
for an$ felon$ and therefore cannot be imposed b$ the court. &t is
re(uired in Art 2;4 and not to be given in cases involving other
crimes.
.ummar$%
a !erpetual penalties after 3@ $ears, can be pardoned,
except when he is unworth$ of pardon b$ reason of his
64
conduct and some other serious cause, it won>t exceed 4@
$ears.
b ,eclusion #emporal 12 $rs and 1 da$ to 2@ $rs
c !rision Ma$or and temporar$ dis(ualification = $rs and 1
da$ to 12 $rs3 dis(ualification if accessor$ follows the
duration of the principal penalt$
d !rision -orreccional, suspension and destierro = mos and
1 da$ to 12 $rs3 dis(ualification if accessor$ follows the
duration of the principal penalt$
e Arresto Ma$or 1 month and 1 da$ to = months
f Arresto Menor 1 da$ to 3@ da$s
g )ond to keep the peace the period during which the bond
shall be effective is discretionar$ to the court
-apital and Afflictive !enalties
<eath ,eclusion
!erpetua
,eclusion
#emporal
#erm of
&mprison8
ment
"one 2@ da$s and 1 da$
to 4@ $ears
12 $ears and 1
da$ to 2@ $ears
Accessor$
!enalties
"one, unless
pardoned%
8!erpetual
absolute
dis(ualification
8-ivil interdiction
for 3@ $ears
8-ivil &nterdiction
or during his
sentence
8!erpetual
absolute
dis(ualification
8-ivil &nterdiction
or during his
sentence
8!erpetual
absolute
dis(ualification
-orrectional and /ight !enalties
!rison -orrectional Arresto Ma$or
&mprison8
ment
= months and 1 da$ to = $ears 1 month and 1 da$ to
= months
1 da$ to 3@ da$s
Accessor$
!enalties
8.uspension from public office
8.uspension from the right to
follow a profession or calling
8!erpetual special
dis(ualification on the right of
suffrage
8.uspension of right to
hold office
8.uspension of the
right of suffrage during
the term of the
sentence
8.uspension of right to
hold office
8.uspension of the
right of suffrage during
the term of the
sentence
'rt1 7@1 Comp#tation of penalties1 F )f the offen!er shall be in
prison. the term of the !#ration of the temporar penalties shall
be comp#te! from the !a on which the 9#!gment of conviction
shall have become final1
)f the offen!er be not in prison. the term of the !#ration
of the penalt consisting of !eprivation of libert shall be
comp#te! from the !a that the offen!er is place! at the
!isposal of the 9#!icial a#thorities for the enforcement of the
penalt1 The !#ration of the other penalties shall be comp#te!
onl from the !a on which the !efen!ant commences to serve
his sentence1
<irector of !risonsCwarden to compute based on Art 2;%
a 1hen the offender is in prison the duration of the
temporar$ penalties *!A<, #A<, detention, suspension+ is
from the da$ on which the 'udgment of conviction becomes
final.
b 1hen the offender is not in prison the duration of the
penalt$ in deprivation of libert$ is from the da$ that the
offender is placed at the disposal of 'udicial authorities for
the enforcement of the penalt$
65
c #he duration of the other penalties the duration is from the
da$ on which the offender commences to serve his sentence
,eason for rule *a+ because under Art 24, the arrest and
temporar$ detention of the accused is not considered a penalt$
if in custod$, the accused appealed, the service of the sentence
should commence from the date of the promulgation of the
decision of the appellate court, not from the date of the 'udgment
of the trial court was promulgated.
service of one in prison begins onl$ on the da$ the 'udgment of
conviction becomes final.
&n cases if temporar$ penalties, if the offender is under detention,
as when undergoing preventive imprisonment, rule *a+ applies.
&f not under detention *released on bail+ rule *c+ applies
0ffender under preventive imprisonment, rule *c+ applies not rule
*a+
#he offender is entitled to a deduction of full8time or 4C5 of the
time of his detention.
'rt1 751 Perio! of preventive imprisonment !e!#cte! from term
of imprisonment1 F Offen!ers who have #n!ergone preventive
imprisonment shall be cre!ite! in the service of their sentence
consisting of !eprivation of libert. with the f#ll time !#ring
which the have #n!ergone preventive imprisonment. if the
!etention prisoner agrees vol#ntaril in writing to abi!e b the
same !isciplinar r#les impose! #pon convicte! prisoners.
e%cept in the following cases:
21 ,hen the are reci!ivists or have been convicte!
previo#sl twice or more times of an crime: an!
71 ,hen #pon being s#mmone! for the e%ec#tion of
their sentence the have faile! to s#rren!er vol#ntaril1
)f the !etention prisoner !oes not agree to abi!e b the
same !isciplinar r#les impose! #pon convicte! prisoners. he
shall be cre!ite! in the service of his sentence with fo#rAfifths
of the time !#ring which he has #n!ergone preventive
imprisonment1 ('s amen!e! b +ep#blic 'ct >27?. 4#ne 2?.
25?B)1 c! i
,henever an acc#se! has #n!ergone preventive
imprisonment for a perio! e"#al to or more than the possible
ma%im#m imprisonment of the offense charge! to which he
ma be sentence! an! his case is not et terminate!. he shall
be release! imme!iatel witho#t pre9#!ice to the contin#ation
of the trial thereof or the procee!ing on appeal. if the same is
#n!er review1 )n case the ma%im#m penalt to which the
acc#se! ma be sentence! is !estierro. he shall be release!
after thirt (6B) !as of preventive imprisonment1 ('s amen!e!
b E1O1 No1 72;. 4#l 2B. 25@@)
Accused undergoes preventive suspension if%
a offense is non8bailable
b bailable but can>t furnish bail
the full time or 4C5 of the time during which the offenders have
undergone preventive suspension shall be deducted from the
penalt$ imposed
preventive imprisonment must also be considered in perpetual
penalties. Article does not make an$ distinction between
temporal and perpetual penalties.
duration of ,! is to be computed at 3@ $ears, thus, even if the
accused is sentenced to life imprisonment, he is entitled to the
full time or 4C5 of the time of preventive suspension
-redit is given in the service of sentences Kconsisting of
deprivation of libert$6 *imprisonment and destierro+. #hus,
persons who had undergone preventive imprisonment but the
offense is punishable b$ a fine onl$ would not be given credit.
66
<estierro is considered a Kdeprivation of libert$6
&f the penalt$ imposed is arresto menor to destierro, the accused
who has been in prison for 3@ da$s *arresto menor to 3@ da$s+
should be released because although the maximum penalt$ is
destierro *= mos 1 da$ to = $rs+, the accused sentenced to such
penalt$ does not serve it in prison.
7abitual <elin(uents not entitled to the full time or 4C5 credit of
time under preventive imprisonment since he is necessaril$ a
recidivist or has been convicted previousl$ twice or more times of
an$ crime.
2xample% ? who was arrested for serious ph$sical in'uries,
detained for 1 $ear and went out on bail but was later on found
guilt$. 7e was conse(uentl$ summoned for the execution of the
sentence, but having failed to appear, ? will not be credited in
the service of his sentence for serious ph$sical in'uries wC one
$ear or 4C5 of one $ear preventive imprisonment.
'rt1 6B1 Effects of the penalties of perpet#al or temporar
absol#te !is"#alification1 F The penalties of perpet#al or
temporar absol#te !is"#alification for p#blic office shall
pro!#ce the following effects:
21 The !eprivation of the p#blic offices an!
emploments which the offen!er ma have hel! even if
conferre! b pop#lar election1
71The !eprivation of the right to vote in an election for
an pop#lar office or to be electe! to s#ch office1
61 The !is"#alification for the offices or p#blic
emploments an! for the e%ercise of an of the rights
mentione!1
)n case of temporar !is"#alification. s#ch !is"#alification as is
comprise! in paragraphs 7 an! 6 of this article shall last !#ring
the term of the sentence1
;1 The loss of all rights to retirement pa or other
pension for an office formerl hel!1
#he exclusion is a mere dis(ualification for protection and not for
punishment the withholding of a privilege, not a denial of a
right.
!erpetual absolute dis(ualification is effective during the lifetime
of the convict and even after the service of the sentence.
#emporar$ absolute dis(ualification is effective during the term
of sentence and is removed after the service of the same.
2xception% *1+ deprivation of the public office or emplo$ment3 *2+
loss of all rights to retirement pa$ or other pension for an$ office
formerl$ held.
2ffects of !erpetual and temporar$ absolute dis(ualification%
a <eprivation of an$ public office or emplo$ment of offender
b <eprivation of the right to vote in an$ election or to be voted
upon
c /oss of rights to retirement pa$ or pension
d All these effects last during the lifetime of the convict and
even after the service of the sentence except as regards
paragraphs 2 and 3 of the above in connection with
#emporar$ Absolute <is(ualification.
'rt1 621 Effect of the penalties of perpet#al or temporar special
!is"#alification1 F The penalties of perpet#al or temporal
special !is"#alification for p#blic office. profession or calling
shall pro!#ce the following effects:
67
21 The !eprivation of the office. emploment. profession
or calling affecte!:
71 The !is"#alification for hol!ing similar offices or
emploments either perpet#all or !#ring the term of the
sentence accor!ing to the e%tent of s#ch !is"#alification1
68
'rt1 671 Effect of the penalties of perpet#al or temporar special
!is"#alification for the e%ercise of the right of s#ffrage1 F The
perpet#al or temporar special !is"#alification for the e%ercise
of the right of s#ffrage shall !eprive the offen!er perpet#all or
!#ring the term of the sentence. accor!ing to the nat#re of sai!
penalt. of the right to vote in an pop#lar election for an
p#blic office or to be electe! to s#ch office1 $oreover. the
offen!er shall not be permitte! to hol! an p#blic office !#ring
the perio! of his !is"#alification1
#emporar$ dis(ualification if imposed is an accessor$ penalt$, its
duration is that of the principal penalt$
2ffects of !erpetual and #emporar$ .pecial <is(ualification
a. :or public office, profession, or calling
1. <eprivation of the office, emplo$ment, profession or
calling affected
2. <is(ualification for holding similar offices or emplo$ment
during the period of dis(ualification
b. :or the exercise of the right of suffrage
1. <eprivation of the right to vote or to be elected in an
office.
1. -annot hold an$ public office during the period of
dis(ualification.

'rt1 661 Effects of the penalties of s#spension from an p#blic
office. profession or calling. or the right of s#ffrage1 F The
s#spension from p#blic office. profession or calling. an! the
e%ercise of the right of s#ffrage shall !is"#alif the offen!er
from hol!ing s#ch office or e%ercising s#ch profession or
calling or right of s#ffrage !#ring the term of the sentence1
The person s#spen!e! from hol!ing p#blic office shall not hol!
another having similar f#nctions !#ring the perio! of his
s#spension1
2ffects%
a <is(ualification from holding such office or the exercise of
such profession or right of suffrage during the term of the
sentence.
b -annot hold another office having similar functions during
the period of suspension.
'rt1 6;1 Civil inter!iction1 F Civil inter!iction shall !eprive the
offen!er !#ring the time of his sentence of the rights of parental
a#thorit. or g#ar!ianship. either as to the person or propert of
an war!. of marital a#thorit. of the right to manage his
propert an! of the right to !ispose of s#ch propert b an act
or an conveance inter vivos1
2ffects%
a. <eprivation of the following rights%
1. !arental rights
2. Auardianship over the ward
3. Martial authorit$
4. ,ight to manage propert$ and to dispose of the same
b$ acts inter vivos
b. -ivil &nterdiction is an accessor$ penalt$ to the following
principal penalties
1. &f death penalt$ is commuted to life imprisonment
2. ,eclusion perpetua
69
3. ,eclusion temporal
7e can dispose of such propert$ b$ will or donation mortis causa
70
'rt1 6<1 Effects of bon! to 3eep the peace1 F )t shall be the !#t
of an person sentence! to give bon! to 3eep the peace. to
present two s#fficient s#reties who shall #n!erta3e that s#ch
person will not commit the offense so#ght to be prevente!. an!
that in case s#ch offense be committe! the will pa the
amo#nt !etermine! b the co#rt in the 9#!gment. or otherwise
to !eposit s#ch amo#nt in the office of the cler3 of the co#rt to
g#arantee sai! #n!erta3ing1
The co#rt shall !etermine. accor!ing to its !iscretion.
the perio! of !#ration of the bon!1
(ho#l! the person sentence! fail to give the bon! as
re"#ire! he shall be !etaine! for a perio! which shall in no case
e%cee! si% months. is he shall have been prosec#te! for a grave
or less grave felon. an! shall not e%cee! thirt !as. if for a
light felon1
)ond to keep the peace is different from bail bond which is
posted for the provisional release of a person arrested for or
accused of a crime. )ond to keep the peace or for good behavior
is imposed as a penalt$ in threats.
'rt1 6>1 Par!on: its effect1 F ' par!on shall not wor3 the
restoration of the right to hol! p#blic office. or the right of
s#ffrage. #nless s#ch rights be e%pressl restore! b the terms
of the par!on1
' par!on shall in no case e%empt the c#lprit from the pament
of the civil in!emnit impose! #pon him b the sentence1
!ardon b$ the !resident does not restore the right to public office
or suffrage except when both are expressl$ restored in the
pardon. "or does it exempt from civil liabilit$Cfrom pa$ment of
civil indemnit$.
/imitations to !resident>s power to pardon%
a can be exercised onl$ after final 'udgment
b does not extend to cases of impeachment
c does not extinguish civil liabilit$ onl$ criminal liabilit$
!ardon granted in general terms does not include accessor$
penalties.
2xceptions%
a. if the absolute pardon us granted after the term of
imprisonment has expire, it removes all that is left of the
conse(uences of conviction. 7owever, if the penalt$ is life
imprisonment and after the service of 3@ $ears, a pardon is
granted, the pardon does not remove the accessor$ penalt$
of absolute perpetual dis(ualification
b. if the facts and circumstances of the case show that the
purpose of the !resident is to precisel$ restore the rights i.e.,
granting absolute pardon after election to a post *ma$or+ but
before the date fixed b$ law for assuming office to enable
him to assume the position in deference to the popular will
!ardon b$ the offended part$ does not extinguish criminal
liabilit$, ma$ include offended part$ waiving civil indemnit$ and it
is done before the institution of the criminal prosecution and
extended to both offenders.
'rt1 6?1 Cost1 F ,hat are incl#!e!1 F Costs shall incl#!e fees
an! in!emnities in the co#rse of the 9#!icial procee!ings.
whether the be fi%e! or #nalterable amo#nts previo#sl
!etermine! b law or reg#lations in force. or amo#nts not
s#b9ect to sche!#le1
-osts include%
a. fees
71
b. indemnities in the course of 'udicial proceedings
-osts *expenses of the litigation+ are chargeable to the accused
in vase of conviction.
&n case of ac(uittal, the costs are de oficio, each part$ bearing is
own expense
"o costs allowed against the ,epublic of the !hilippines until law
provides the contrar$
'rt1 6@1 Pec#niar liabilities1 F Or!er of pament1 F )n case the
propert of the offen!er sho#l! not be s#fficient for the
pament of all his pec#niar liabilities. the same shall be met in
the following or!er:
21 The reparation of the !amage ca#se!1
71 )n!emnification of conse"#ential !amages1
61 The fine1
;1 The cost of the procee!ings1
Applicable Kin case propert$ of the offender should not be
sufficient for the pa$ment of all his pecuniar$ liabilities.6 7ence, if
the offender has insufficient or no propert$, there is no use for
Art 3;.
0rder of pa$ment is mandator$
2xample% Buan inflicted serious ph$sical in'uries against !edro
and took the latter>s watch and ring. 7e incurred 5@@ worth of
hospital bills and failed to earn 3@@ worth of salar$. Aiven that
Buan onl$ has 1@@@ pesos worth of propert$ not exempt from
execution, it shall be first applied to the pa$ment of the watch
and ring which cannot be returned as such is covered b$
Kreparation of the damage caused6 thus, no. 1 in the order of
pa$ment. #he 5@@ and 3@@ are covered b$ Kindemnification of
the conse(uential damage6 thus, no. 2 in the order of pa$ment.
'rt1 651 (#bsi!iar penalt1 F )f the convict has no propert with
which to meet the fine mentione! in the paragraph 6 of the nest
prece!ing article. he shall be s#b9ect to a s#bsi!iar personal
liabilit at the rate of one !a for each eight pesos. s#b9ect to
the following r#les:
21 )f the principal penalt impose! be prision
correccional or arresto an! fine. he shall remain #n!er
confinement #ntil his fine referre! to in the prece!ing paragraph
is satisfie!. b#t his s#bsi!iar imprisonment shall not e%cee!
oneAthir! of the term of the sentence. an! in no case shall it
contin#e for more than one ear. an! no fraction or part of a !a
shall be co#nte! against the prisoner1
71 ,hen the principal penalt impose! be onl a fine. the
s#bsi!iar imprisonment shall not e%cee! si% months. if the
c#lprit shall have been prosec#te! for a grave or less grave
felon. an! shall not e%cee! fifteen !as. if for a light felon1
61 ,hen the principal impose! is higher than prision
correccional. no s#bsi!iar imprisonment shall be impose!
#pon the c#lprit1
;1 )f the principal penalt impose! is not to be e%ec#te!
b confinement in a penal instit#tion. b#t s#ch penalt is of
fi%e! !#ration. the convict. !#ring the perio! of time establishe!
in the prece!ing r#les. shall contin#e to s#ffer the same
!eprivations as those of which the principal penalt consists1
<1 The s#bsi!iar personal liabilit which the convict
ma have s#ffere! b reason of his insolvenc shall not relieve
him. from the fine in case his financial circ#mstances sho#l!
improve1 ('s amen!e! b +' <;><. 'pril 72. 25>51)
#here is no subsidiar$ penalt$ for non8pa$ment of reparation,
indemnification and costs in par 1, 2 and 4 of Art 3;. &t is onl$ for
fines.
72
Art 3I applies onl$ when the convict has no propert$ with which
to meet the fine in par 3 of art 3;. #hus, a convict who has
propert$ enough to meet the fine and not exempted from
execution cannot choose to serve the subsidiar$ penalt$ instead
of the pa$ment of the fine.
.ubsidiar$ imprisonment is not an accessor$ penalt$. &t is
covered b$ Art 4@845 of this -ode. Accessor$ penalties are
deemed imposed even when not mentioned while subsidiar$
imprisonment must be expressl$ imposed.
,ules%
!2"A/#G &M!0.2< /2"A#7 0: .D).&<&A,G !2"A/#G
!rision correccional or arresto and fine "ot exceed 1C3 of term of sentence, in no case
more than 1 $ear fraction or part of a da$ not
counted.
:ine onl$ "ot to exceed = months if prosecuted for grave or
less grave felon$, not to exceed 15 da$s if
prosecuted for light felon$
7igher than prision correccional "o subsidiar$ imprisonment
"ot to be executed b$ confinement but of
fixed duration
.ame deprivations as those of the principal penalt$
under rules 1, 2 and 3 above
&f financial circumstances improve, convict still to pa$ the fine
even if he has suffered subsidiar$ personal liabilit$.
the penalt$ imposed must be !-, AM, Am, suspension, destierro
and fine onl$. other than these *!M, ,#, ,!+ court cannot
impose subsidiar$ penalt$.
2ven if the penalt$ imposed is not higher than !-, if the accused
is a habitual delin(uent who deserves an additional penalt$ of 12
$rs and 1 da$ of ,#, there is no subsidiar$ imprisonment.
'rt1 ;B1 -eath F )ts accessor penalties1 F The !eath penalt.
when it is not e%ec#te! b reason of comm#tation or par!on
shall carr with it that of perpet#al absol#te !is"#alification an!
that of civil inter!iction !#ring thirt ears following the !ate
sentence. #nless s#ch accessor penalties have been e%pressl
remitte! in the par!on1
'rt1 ;21 +ecl#sion perpet#a an! recl#sion temporal1 F Their
accessor penalties1 F The penalties of recl#sion perpet#a an!
recl#sion temporal shall carr with them that of civil inter!iction
for life or !#ring the perio! of the sentence as the case ma be.
an! that of perpet#al absol#te !is"#alification which the
offen!er shall s#ffer even tho#gh par!one! as to the principal
penalt. #nless the same shall have been e%pressl remitte! in
the par!on1
'rt1 ;71 Prision maor F )ts accessor penalties1 F The penalt
of prision maor. shall carr with it that of temporar absol#te
!is"#alification an! that of perpet#al special !is"#alification
from the right of s#ffrage which the offen!er shall s#ffer
altho#gh par!one! as to the principal penalt. #nless the same
shall have been e%pressl remitte! in the par!on1
'rt1 ;61 Prision correccional F )ts accessor penalties1 F The
penalt of prision correccional shall carr with it that of
s#spension from p#blic office. from the right to follow a
profession or calling. an! that of perpet#al special
!is"#alification from the right of s#ffrage. if the !#ration of sai!
imprisonment shall e%cee! eighteen months1 The offen!er shall
s#ffer the !is"#alification provi!e! in the article altho#gh
73
par!one! as to the principal penalt. #nless the same shall
have been e%pressl remitte! in the par!on1
74
'rt1 ;;1 'rresto F )ts accessor penalties1 F The penalt of
arresto shall carr with it that of s#spension of the right too
hol! office an! the right of s#ffrage !#ring the term of the
sentence1
0utline of accessor$ penalties inherent in principal penalties
a. death if not executed because of commutation or pardon
1. perpetual absolute dis(ualification
2. civil interdiction during 3@ $ears *if not expressl$ remitted
in the pardon+
b. ,! and ,#
1. civil interdiction for life or during the sentence
2. perpetual absolute dis(ualification *unless expressl$
remitted in the pardon+
c. !M
1. temporar$ absolute dis(ualification
2. perpetual absolute dis(ualification from suffrage *unless
expressl$ remitted in the pardon+
d. !-
1. suspension from public office, profession or calling
2. perpetual special dis(ualification from suffrage if the
duration of the imprisonment exceeds 1; months *unless
expressl$ remitted in the pardon+
#he accessor$ penalties in Art 4@844 must be suffered b$ the
offender, although pardoned as to the principal penalties. #o be
relieved of these penalties, the$ must be expressl$ remitted in
the pardon.
"o accessor$ penalt$ for destierro
!ersons who served out the penalt$ ma$ not have the right to
exercise the right of suffrage. :or a prisoner who has been
sentenced to one $ear of imprisonment or more for an$ crime,
absolute pardon restores to him his political rights. &f the penalt$
is less than one $ear, dis(ualification does not attach except if
the crime done was against propert$.
#he nature of the crime is immaterial when the penalt$ imposed
is one $ear imprisonment or more.
#he accessor$ penalties are understood to be alwa$s imposed
upon the offender b$ the mere fact that the law fixes a certain
penalt$ for the crime. 1henever the courts impose a penalt$
which b$ provision of law, carries with it other penalties, it>s
understood that the accessor$ penalties are also imposed.
the accessor$ penalties do not affect the 'urisdiction of the court
in which the information is filed because the$ don>t modif$ or
alter the nature of the penalt$ provided b$ law. 1hat determines
'urisdiction in criminal cases is the extent of the principal penalt$
wCc the law imposes of the crime charged.
the M#- has exclusive 'urisdiction over offenses punishable with
imprisonment of not exceeding 4 $ears and 2 months or a fine of
not more than 4@@@ or both regardless of other imposable
accessor$ or other penalties.
'rt1 ;<1 Confiscation an! forfeit#re of the procee!s or
instr#ments of the crime1 F Ever penalt impose! for the
commission of a felon shall carr with it the forfeit#re of the
procee!s of the crime an! the instr#ments or tools with which it
was committe!1
(#ch procee!s an! instr#ments or tools shall be
confiscate! an! forfeite! in favor of the Government. #nless
the be propert of a thir! person not liable for the offense. b#t
those articles which are not s#b9ect of lawf#l commerce shall be
!estroe!1
75
ever$ penalt$ imposed carries with it the forfeiture of the
proceeds of the crime and the instruments or tools used in the
commission of the crime
proceeds and instrumentsCtools of the crime are confiscated in
favor of the government
3
rd
persons> *not liable for the offense+ propert$ is not sub'ect to
confiscation and forfeiture
propert$ not sub'ect of lawful commerce *whether it belongs to
accused or 3
rd
person+ shall be destro$ed.
can>t confiscateCforfeit unless there>s a criminal case filed and
tried, and accused is ac(uitted.
must indict 3
rd
person to order confiscation of his propert$
instruments of the crime belonging to innocent 3
rd
person ma$ be
recovered
confiscation can be ordered onl$ if the propert$ is submitted in
evidence or placed at the disposal of the court
articles which are forfeited 8 when the order of forfeiture is
alread$ final, can>t be returned even in case of an ac(uittal
confiscation and ac(uittal are additional penalties. 1here the
penalt$ imposed did not include the confiscation of the goods
involved, the confiscation M forfeiture of said goods would be an
additional penalt$ and would amount to an increase of the
penalt$ alread$ imposed, thereb$ placing the accused in double
'eopard$.
when the accused has appealed, confiscation and forfeiture not
ordered b$ the trial court ma$ be imposed b$ the appellate court
the government can>t appeal the modification of a sentence if the
defendant did not appeal. )ut if the defendant appeals, it
removes all bars to the review and correction of the penalt$
imposed b$ the court below, even if an increase thereof should
be the result.
'rt1 ;>1 Penalt to be impose! #pon principals in general1 F The
penalt prescribe! b law for the commission of a felon shall
be impose! #pon the principals in the commission of s#ch
felon1
,henever the law prescribes a penalt for a felon is
general terms. it shall be #n!erstoo! as applicable to the
cons#mmate! felon1
#he penalt$ prescribed b$ law in general terms shall be imposed%
a upon the principals
b for consummated felon$
2xception% when the law fixes a penalt$ for the frustrated or
attempted felon$. 1henever it is believed that the penalt$ lower
b$ one or two degrees corresponding to said acts of execution is
not proportionate to the wrong done, the law fixes a distinct
penalt$ for the principal in the frustrated or attempted felon$.
#he graduation of penalties refers to%
a stages of execution *consummated, frustrated, attempted+
b degree of the criminal participation of the offender *principal,
accomplice, accessor$+
the division of a divisible penalt$ *min, med, max+ refers to the
proper period of the penalt$ which should be imposed when
aggravating or mitigating circumstances attend the commission
of the crime.
'rt1 ;?1 )n what cases the !eath penalt shall not be impose!1 F
The !eath penalt shall be impose! in all cases in which it m#st
be impose! #n!er e%isting laws. e%cept in the following cases:
76
21 ,hen the g#ilt person be more than sevent ears of
age1
71 ,hen #pon appeal or revision of the case b the
(#preme co#rt. all the members thereof are not #nanimo#s in
their voting as to the propriet of the imposition of the !eath
penalt1 =or the imposition of sai! penalt or for the
confirmation of a 9#!gment of the inferior co#rt imposing the
!eath sentence. the (#preme Co#rt shall ren!er its !ecision per
c#riam. which shall be signe! b all 9#stices of sai! co#rt.
#nless some member or members thereof shall have been
!is"#alifie! from ta3ing part in the consi!eration of the case. in
which even the #nanimo#s vote an! signat#re of onl the
remaining 9#stices shall be re"#ire!1
whenever the 'udgment of the lower court imposes the death
penalt$, the case shall be determined b$ 1@ 'ustices of the court.
1hen 1@ 'ustices fail to reach a decision *as to the propriet$ of
the imposition of the death penalt$+, the penalt$ next lower in
degree than the death penalt$ shall be imposed.
<eath penalt$ not imposed in the ff cases%
a+ when the person is more than H@ $ears old at time ,#-
sentenced him
b+ when upon appeal or revision of the case b$ the .-, 1@
'ustices are not unanimous in their voting
c+ when the offender is a minor under 1; $rs of age. 1h$9
)ecause minorit$ is alwa$s a mitigating circumstance
Bustification for the death penalt$% social defense and
exemplarit$. "ot considered cruel and unusual because does not
involve torture or lingering death.
-rimes where death penalt$ is imposed%
a+ treason
b+ certain acts of espionage under -ommonwealth Act =1=
c+ correspondence wC hostile countr$ when it contains notice or
information and the intention of the offender is to aid the
enem$
d+ (ualified pirac$
e+ certain violations of the Anti8subversion act
f+ parricide
g+ murder
h+ kidnapping and serious illegal detention
i+ robber$ wC homicide
'+ rape wC homicide
k+ when death resulted from the commission of arson or other
crime involving destruction
trial court must re(uire the prosecution to present evidence,
despite plea of guilt$, when the crime charged is punished b$
death. A sentence of death is valid onl$ if it is susceptible of a
fair and reasonable examination b$ the court. #his is impossible
if no evidence of guilt was taken after a plea of guilt$.
'rt1 ;@1 Penalt for comple% crimes1 F ,hen a single act
constit#tes two or more grave or less grave felonies. or when
an offense is a necessar means for committing the other. the
penalt for the most serio#s crime shall be impose!. the same
to be applie! in its ma%im#m perio!1
77
#he 2 or more grave or less grave felonies must be the result of
a single act, or an offense must be a necessar$ means to
commit the crime.
-omplex crime one crime onl$ as there is onl$ one criminal
intent onl$ one information need be filed
2 kinds of complex crimes%
a+ compound crime single act constitutes 2 or more grave or
less grave felonies
,e(uisites%
1+ that onl$ one single act is committed b$ the offender
2+ that the single act produces
a+ 2 or more grave felonies
b+ one or more grave and one or more less grave
felonies
c+ 2 or more less grave felonies
78
b+ complex crime proper when an offense is a necessar$
means for committing another
,e(uisites%
1+ that at least 2 offenses are committed
2+ that one or some of the offenses must be necessar$
to commit the other
3+ that both or all the offenses must be punished under
the same statute
"o single act in the following cases%
a+ 1hen 2 persons are killed one after the other, b$ different
acts, although these 2 killings were the result of a single
criminal impulse, the different acts must be considered as
distinct crimes.
b+ 1hen the acts are wholl$ different, not onl$ in themselves,
but also because the$ are directed against 2 different
persons, as when one fires his gun twice in succession,
killing one and in'uring the other.
/ight felonies produced b$ the same act should be treated and
punished as separate offenses or ma$ be absorbed b$ the grave
felon$.
2xamples%
a+ several light felonies resulting from one single act not
complex
Buan hit !edro>s car, resulting in several light in'uries and
light felon$ of damage to propert$. "o complex crime
because the crime of slight ph$sical in'uries and damage to
propert$ are light felonies. #here are as man$ crimes as
there are persons in'ured wC light ph$sical in'uries and as
man$ penalties as there are light felonies committed, even
though the$ are produced b$ a single act of the offender.
b+ when the crime is committed b$ force or violence, slight
ph$sical in'uries are absorbed.
2xamples of complex crimes%
a+ Buan was a baranga$ captain who was killed while
discharging his dut$, the crime is a complex crime of
homicide wC assault upon a person of authorit$.
b+ Buan raped !etra, causing her ph$sical in'uries wCc re(uired
a month>s worth of medical attention. #his is a complex
crime of rape wC less serious ph$sical in'uries. #he in'uries
were necessar$ to the commission of the rape.
when in obedience to an order, several accused simultaneousl$
shot man$ persons, without evidence how man$ each killed,
there is onl$ a single offense, there being a single criminal
impulse.
when various acts are executed for the attainment of a single
purpose wCc constitutes an offense, such acts must be
considered onl$ as one offense.
2xample% Buan falsified 1@@ warehouse receipts from April to
Bune which enabled him to swindle the bank of 1@@ million.
#here>s onl$ one complex crime of estafa through multiple
falsification of documents.
#here is no complex crime of arson wC homicide
Art 4; is applicable to crimes through negligence
2xample% Buan lit a cigarette as he poured gas in the tank of his
car in his garage. #he gas caught fire and the house burned. 7is
sister died and the maid suffered serious ph$sical in'uries. #he
crimes of arson, homicide, serious ph$sical in'uries and damage
to propert$ constitute a complex crime. #here is onl$ one penalt$
but there are 3 civil liabilities.
"o complex crime when one of the offenses is penali4ed b$ a
special law
2xample of complex crime proper *at least 2 crimes must be
committed+%
79
Eidnapping the victim to murder him in a secluded place
ransom wasn>t paid so victim was killed. Eidnapping was a
necessar$ means to commit murder. )ut where the victim was
taken from his home for the sole purpose of killing him and not
for detaining him illegall$ or for the purpose of ransom, the crime
is simple murder.
K"ecessar$ means6 does not mean Kindispensable means6.
&ndispensable would mean it is an element of the crime. #he
crime can be committed b$ another mean. #he means actuall$
emplo$ed *another crime+ was merel$ to facilitate and insure the
consummation of the crime.
1hen in the definition of a felon$, one offense is a means to
commit the other, there is no complex crime.
2x. Murder committed b$ means of fire. Murder can be (ualified
b$ the circumstance of fire so no complex crime even if Art 321
and 324 punishes arson. &t>s plain and simple murder.
"ot complex crime when trespass to dwelling is a direct means
to commit a grave offense. /ike rape, there is no complex crime
of trespass to dwelling with rape. #respass will be considered as
aggravating *unlawful entr$ or breaking part of a dwelling+
"o complex crime when one offense is committed to conceal
another
2xample% Buan set the school on fire after committing homicide.
2 crimes.
1hen the offender had in his possession the funds wCc he
misappropriated, the falsification of a public or official document
involving said funds is a separate offense. )ut when the offender
had to falsif$ a public or official document to obtain possession of
the funds wCc he misappropriated, the falsification is a necessar$
means to commit the malversation.
#here is no complex crime of rebellion with murder, arson,
robber$ or other common crimes. #he$ are mere ingredients of
the crime of rebellion absorbed alread$.
1hen 2 crimes produced b$ a single act are respectivel$ within
the exclusive 'urisdiction of 2 courts of different 'urisdiction, the
court of higher 'urisdiction shall tr$ the complex crime.
2xample% Although the forcible abduction which was supposedl$
commenced in Manila was not proven, and although the rape
which was proven was actuall$ committed in -avite, still the ,#-
of Manila had 'urisdiction to convict the accused of rape. #he
complex crime of forcible abduction with rape was charged in the
complaint on the basis of which the case was tried.
Art. 4; is intended to favor the culprit.
#he penalt$ for complex crime is the penalt$ for the most serious
crime, the same to be applied in its maximum period. &f the
different crimes resulting from one single act are punished with
the same penalt$, the penalt$ for an$ one of them shall be
imposed, the same to be applied in the maximum period. #he
same rule shall be observed when an offense is a necessar$
means to commit the other.
A complex crime of the second form ma$ be committed b$ two
persons.
)ut when one of the offenses, as a means to commit the other,
was committed b$ one of the accused b$ reckless imprudence,
the accused who committed the crime b$ reckless imprudence is
liable for his acts onl$.
2xample% Buan cooperated in the commission of the complex
offense of estafa through falsification b$ reckless imprudence b$
acts without which it could not have been accomplished, and this
being a fact, there would be no reason to exculpate him from
liabilit$. 2ven assuming he had no intention to defraud #omas if
his co8defendants succeeded in attaining the purpose sought b$
the culprits, Buan>s participation together wC the participation of
his co8defendants in the commission of the offense completed all
the elements necessar$ for the perpetration of the complex crime
of estafa through falsification of documents.
1hen two felonies constituting a complex crime are punishable
b$ imprisonment and fine, respectivel$, onl$ the penalt$ of
imprisonment shall be imposed.
80
1hen a single act constitutes two grave or less grave or one
grave and another less grave, and the penalt$ for one is
imprisonment while that for the other is fine, the severit$ of the
penalt$ for the more serious crime should not be 'udged b$ the
classification of each of the penalties involved, but b$ the nature
of the penalties.
2xample% 2ven if the fine for damage to propert$ through
reckless imprudence is !4@,@@@, an afflictive penalt$, and the
penalt$ for the ph$sical in'uries resulting from the same act is
onl$ 4 mos of arresto ma$or, a correccional penalt$ ma$ be
imposed.
&n the order of severit$ of the penalties, arresto ma$or and
arresto menor are considered more severe than destierro and
arresto menor is higher in degree than destierro.
:ine is not included in the list of penalties in the order of severit$
and it is the last in the order.
Art 4; applies onl$ to cases where the -ode doesn>t provide a
specific penalt$ for a complex crime.
Art 4; doesn>t appl$ when the law provides one single penalt$ for
single complex crimes like the ff%
a+ robber$ wC homicide
b+ robber$ wC rape
c+ kidnapping wC serious ph$sical in'uries
d+ rape wC homicide
1hen a complex crime is charged and one offense is not proven,
the accused can be convicted of the other.
!luralit$ of crimes consists in the successive execution b$ the
same individual of different criminal acts upon an$ of wCc no
conviction has $et been declared.
Einds of pluralit$ of crimes%
a+ formal or ideal onl$ one criminal liabilit$
b+ real or material there are different crimes in law as well as
in the conscience of the offender, in such cases, the offender
shall be punished for each and ever$ offense that he
committed.
2xample% Buan stabbed !edro, then Buan stabbed #omas too.
#here are 2 committed as 2 acts were performed.
!/D,A/&#G 0: -,&M2. ,2-&<&L&.M
"o conviction of the crimes committed #here must be conviction b$ final 'udgment of the
first prior offense
:ormalCideal plural crimes are divided into 3 groups% *a person
committing multiple crimes is punished wC one penalt$ in the ff
cases+
a+ when the offender commits an$ of the complex crimes
defined in art 4;
b+ when the law specificall$ fixes a single penalt$ for 2 or more
offenses committed% robber$ wC homicide, kidnapping wC
serious ph$sical in'uires
c+ when the offender commits continued crimes
-ontinued crimes refers to a single crime consisting of a series
of acts but all arising from one criminal resolution. Although there
is a series of acts, there is onl$ one crime committed, so onl$
one penalt$ shall be imposed.
2xamples of continued crimes%
a+ a collector of a commercial firm misappropriates for his
personal use several amounts collected b$ him from different
persons. #here is onl$ one crime because the different and
successive appropriations are but the different moments
during which one criminal resolution arises.
81
b+ Buan stole 2 books belonging to 2 different persons. 7e
commits onl$ one crime because there is unit$ of thought in
the criminal purpose of the offender.
A continued crime is not a complex crime as offender does not
perform a single act but a series of acts. #herefore%
a+ penalt$ not to be imposed in the maximum
b+ no actual provision punishing a continued crime it>s a
principle applied in connection wC 2 or more crimes
committed wC a single intention.
-ontinued crime is different from a transitor$ crime. #ransitor$
crime is Kmoving crime6.
2xample% kidnapping someone for ransom and moving him to
another venue. #he offenders can be prosecuted and tried in
either of the 2 areas.
,2A/CMA#2,A&A/ !/D,A/&#G -0"#&"D2< -,&M2
#here is a series of acts performed b$ the offender .ame
2ach act performed constitutes a separate crime
because each act is generated b$ a criminal
impulse
<ifferent acts constitute onl$ one crime because all
of the acts performed arise from one criminal
resolution.
82
'rt1 ;51 Penalt to be impose! #pon the principals when the
crime committe! is !ifferent from that inten!e!1 F )n cases in
which the felon committe! is !ifferent from that which the
offen!er inten!e! to commit. the following r#les shall be
observe!:
21 )f the penalt prescribe! for the felon committe! be
higher than that correspon!ing to the offense which the
acc#se! inten!e! to commit. the penalt correspon!ing to the
latter shall be impose! in its ma%im#m perio!1
71 )f the penalt prescribe! for the felon committe! be
lower than that correspon!ing to the one which the acc#se!
inten!e! to commit. the penalt for the former shall be impose!
in its ma%im#m perio!1
61 The r#le establishe! b the ne%t prece!ing paragraph
shall not be applicable if the acts committe! b the g#ilt
person shall also constit#te an attempt or fr#stration of another
crime. if the law prescribes a higher penalt for either of the
latter offenses. in which case the penalt provi!e! for the
attempte! or the fr#strate! crime shall be impose! in its
ma%im#m perio!1
Art 4I has reference to the provision in the 1
st
par of Art 4 which
provides that criminal liabilit$ shall be incurred Kb$ an$ person
committing a felon$ although the wrongful act done be different
from that which he intended6
Art 4I applicable onl$ in cases when there is a mistake in identit$
of the victim of the crime and the penalt$ for the crime committed
is different from that for the crime intended to be committed.
Art 4I also has no application where a more serious
conse(uence not intended b$ the offender befalls the same
person.
2xample% Buan onl$ wanted to inflict a wound upon !edro but
because he lost control of his right arm, he killed !edro. Art 4I
not applicable.
A,# 4I A,# 4;
/esser penalt$ to be imposed in its maximum pd !enalt$ for the more serious crime shall be
imposed in its maximum pd
"otes%
1. Art. 4I has reference to Art. 4*1+. &t applies onl$ when there is
error in personae1
2. &n Art. 4I *!aragraphs 1 and 2+ the lower penalt$ in its maximum
period is alwa$s imposed.
3. &n !ar. 3 the penalt$ for the attempted or frustrated crime shall
be imposed in its maximum period. #his rule is not necessar$
and ma$ well be covered b$ Art. 4;, in view of the fact that the
same act also constitutes an attempt or a frustration of another
crime.
'rt1 <B1 Penalt to be impose! #pon principals of a fr#strate!
crime1 F The penalt ne%t lower in !egree than that prescribe!
b law for the cons#mmate! felon shall be impose! #pon the
principal in a fr#strate! felon1
'rt1 <21 Penalt to be impose! #pon principals of attempte!
crimes1 F ' penalt lower b two !egrees than that prescribe!
83
b law for the cons#mmate! felon shall be impose! #pon the
principals in an attempt to commit a felon1
'rt1 <71 Penalt to be impose! #pon accomplices in
cons#mmate!
crime1 F The penalt ne%t lower in !egree than that prescribe!
b law for the cons#mmate! shall be impose! #pon the
accomplices in the commission of a cons#mmate! felon1
'rt1 <61 Penalt to be impose! #pon accessories to the
commission of a cons#mmate! felon1 F The penalt lower b
two !egrees than that prescribe! b law for the cons#mmate!
felon shall be impose! #pon the accessories to the
commission of a cons#mmate! felon1
'rt1 <;1 Penalt to impose! #pon accomplices in a fr#strate!
crime1 F The penalt ne%t lower in !egree than prescribe! b
law for the fr#strate! felon shall be impose! #pon the
accomplices in the commission of a fr#strate! felon1
'rt1 <<1 Penalt to be impose! #pon accessories of a fr#strate!
crime1 F The penalt lower b two !egrees than that prescribe!
b law for the fr#strate! felon shall be impose! #pon the
accessories to the commission of a fr#strate! felon1
'rt1 <>1 Penalt to be impose! #pon accomplices in an
attempte!
crime1 F The penalt ne%t lower in !egree than that prescribe!
b law for an attempt to commit a felon shall be impose! #pon
the accomplices in an attempt to commit the felon1
'rt1 <?1 Penalt to be impose! #pon accessories of an
attempte!
crime1 F The penalt lower b two !egrees than that prescribe!
b law for the attempte! felon shall be impose! #pon the
accessories to the attempt to commit a felon1
Application of Article 5@ to 5H
!articipation -onsummated :rustrated
!rincipal !enalt$ imposed b$ law 1 less
Accomplice 1 less 2 less
Accessor$ 2 less 3 less
"otes%
Art 5@85H not applicable when the law specificall$ prescribes the
penalt$ for the frustrated and attempted felon$ or that to be
imposed upon the accomplices and accessories.
<egree one whole penalt$, one entire penalt$ or one unit of the
penalties enumerated in the graduated scales provided for in Art
H1
!eriod one of 3 e(ual portions, minCmedCmax of a divisible
penalt$. A period of a divisible penalt$ when prescribed b$ the
-ode as a penalt$ for a felon$, is in itself a degree.
84
<istinctions between <egree and !eriod
<egree
,efers to the penalt$ imposable for a felon$
committed considering the stages of execution and
the degree of participation of the offender
,efers to the duration of the penalt$ consisting of
the maximum, medium, and minimum, after
considering the presence or absence of
aggravating circumstances
Ma$ refer to both divisible and indivisible penalties ,efers onl$ to divisible penalties
85
#he rules provided in Arts. 53, 55 and 5H do not appl$ if the
felon$ is light because accessories are not liable for the same
)ases for imposition of the penalt$ under the ,!-
a. .tage of the commission of the crime
1. !articipation of the persons liable
2. !resence of aggravating or mitigating circumstances
'rt1 <@1 '!!itional penalt to be impose! #pon certain
accessories1 F Those accessories falling within the terms of
paragraphs 6 of 'rticle 25 of this Co!e who sho#l! act with
ab#se of their p#blic f#nctions. shall s#ffer the a!!itional
penalt of absol#te perpet#al !is"#alification if the principal
offen!er shall be g#ilt of a grave felon. an! that of absol#te
temporar !is"#alification if he shall be g#ilt of a less grave
felon1
Art is limited onl$ to grave and less grave felonies since it is not
possible to have accessories liable for light felonies. &t is further
limited to those whose participation in the crime is characteri4ed
b$ the misuse of public office or authorit$.
2xample% a+ A ma$or aided in friend, a wanted criminal, in
escaping
b+ A senator gives protection to his 'ueteng lord
friend
Additional !enalties for !ublic 0fficers who are accessories
1. Absolute perpetual dis(ualification, if the principal offender is
guilt$ of a grave felon$.
2. Absolute temporar$ dis(ualification if the principal offender is
guilt$ of less grave felon$
'rt1 <51 Penalt to be impose! in case of fail#re to commit the
crime beca#se the means emploe! or the aims so#ght are
impossible1 F ,hen the person inten!ing to commit an offense
has alrea! performe! the acts for the e%ec#tion of the same
b#t nevertheless the crime was not pro!#ce! b reason of the
fact that the act inten!e! was b its nat#re one of impossible
accomplishment or beca#se the means emploe! b s#ch
person are essentiall ina!e"#ate to pro!#ce the res#lt !esire!
b him. the co#rt. having in min! the social !anger an! the
!egree of criminalit shown b the offen!er. shall impose #pon
him the penalt of arresto maor or a fine from 7BB to <BB
pesos1
)asis for the imposition of proper penalt$ in impossible crimes%
sopcial danger and degree of criminalit$ shown b$ the offender.
2xample% Buan fired a revolver at !edro at the distance of 2
kilometers. #his shoes stupidit$ rather than danger. Buan should
not be punished as there is no social danger nor degree of
criminalit$.
)ut if Buan was a convicted felon, act ma$ be punished.
Article limited to those cases of grave and less grave felonies.
'rt1 >B1 E%ception to the r#les establishe! in 'rticles <B to <?1 F
The provisions containe! in 'rticles <B to <?. incl#sive. of this
Co!e shall not be applicable to cases in which the law
e%pressl prescribes the penalt provi!e! for a fr#strate! or
86
attempte! felon. or to be impose! #pon accomplices or
accessories1
2 cases wherein the accomplice is punished wC the same penalt$
imposed upon the principal
a+ ascendants, guardians, curators, teachers and an$ person
who b$ abuse of authorit$ or confidential relationship shall
cooperate as accomplices in the crimes of rape, acts of
lasciviousness, seduction, corruption of minors, white slave
trade or abduction.
b+ one who furnished the place for the perpetration of the crime
of slight illegal detention.
Accessor$ punished as principal% Art 142 punishes an
accessor$ for knowingl$ concealed certain evil practices.
-ases when instead of a penalt$ 2 degrees lower, one degree
for accessor$%
a+ knowingl$ using counterfeited seal or forged signature or
stamp of the !resident
b+ illegal possession and use of false treasur$ or bank note
c+ using a falsified document
d+ using a falsified dispatch
'rt1 >21 +#les for gra!#ating penalties1 F =or the p#rpose of
gra!#ating the penalties which. accor!ing to the provisions of
'rticles <B to <?. incl#sive. of this Co!e. are to be impose!
#pon persons g#ilt as principals of an fr#strate! or attempte!
felon. or as accomplices or accessories. the following r#les
shall be observe!:
21 ,hen the penalt prescribe! for the felon is single an!
in!ivisible. the penalt ne%t lower in !egrees shall be that
imme!iatel following that in!ivisible penalt in the respective
gra!#ate! scale prescribe! in 'rticle ?2 of this Co!e1
71 ,hen the penalt prescribe! for the crime is compose!
of two in!ivisible penalties. or of one or more !ivisible penalties
to be impose to their f#ll e%tent. the penalt ne%t lower in
!egree shall be that imme!iatel following the lesser of the
penalties prescribe! in the respective gra!#ate! scale1
61 ,hen the penalt prescribe! for the crime is compose!
of one or two in!ivisible penalties an! the ma%im#m perio! of
another !ivisible penalt. the penalt ne%t lower in !egree shall
be compose! of the me!i#m an! minim#m perio!s of the
proper !ivisible penalt an! the ma%im#m perio!s of the proper
!ivisible penalt an! the ma%im#m perio! of that imme!iatel
following in sai! respective gra!#ate! scale1
;1 when the penalt prescribe! for the crime is compose!
of several perio!s. correspon!ing to !ifferent !ivisible
penalties. the penalt ne%t lower in !egree shall be compose!
of the perio! imme!iatel following the minim#m prescribe!
an! of the two ne%t following. which shall be ta3en from the
penalt prescribe!. if possible: otherwise from the penalt
imme!iatel following in the above mentione! respective
gra!#ate! scale1
<1 ,hen the law prescribes a penalt for a crime in some
manner not especiall provi!e! for in the fo#r prece!ing r#les.
the co#rts. procee!ing b analog. shall impose correspon!ing
penalties #pon those g#ilt as principals of the fr#strate!
felon. or of attempt to commit the same. an! #pon
accomplices an! accessories1
#he rules provided in this Art should also appl$ in determining
the minimum of the &ndeterminate .entence /aw *&./+. &t also
applies in lowering the penalt$ b$ one or two degrees b$ reason
of the presence of the privileged mitigating circumstance or when
the penalt$ is divisible and there are two or more mitigating
circumstances.
87
Gra!#ate! (cale in 'rt ?2
&ndivisible !enalties%
a+ <eath
b+ ,eclusion !erpetua
88
<ivisible !enalties%
a+ ,eclusion #emporal
b+ !rision Ma$or
c+ !rision -orreccional
d+ Arresto Ma$or
e+ <estierro
f+ Arresto Menor
g+ !ublic -ensure
h+ :ine
"ule #o. +)
1hen the penalt$ is single and indivisible *ex. ,!+, the penalt$
next lower shall be reclusion temporal.
"ule #o. -)
a+ when the penalt$ is composed of two indivisible penalties
2x. penalt$ for parricide is reclusion perpetua to death, the
next lower penalt$ is reclusion temporal
b+ when the penalt$ is composed of one or more divisible
penalties to be imposed to their full extent
2x. one divisible penalt$ is reclusion temporal. #he penalt$
immediatel$ following ,# is prision ma$or. 2 divisible
penalties are prision correccional to prision ma$or. #he
penalt$ immediatel$ preceding the lesser of the penalties of
prision correccional to prision ma$or is arresto ma$or.
"ule #o. %)
1hen the penalt$ is composed of 2 indivisible penalties and the
maximum period of a divisible penalt$C or when composed of one
divisible penalt$ the maximum of one divisible penalt$
2x. penalt$ for murder is reclusion temporal to death. #he
point of reference will be on the proper divisible penalt$
which is reclusion temporal. Dnder the 3
rd
rule, the penalt$
next lower to reclusion temporal is composed of the medium
and minimum periods of reclusion temporal and the
maximum of prision ma$or.
"ule #o.D)
1hen the penalt$ is composed of several periods
2x. the Kseveral6 periods contemplated in this rule
correspond to different divisible penalties. A penalt$ of
prision ma$or in its medium period to reclusion temporal in
its minimum period is an example of such. #he penalt$
immediatel$ following the minimum of the entire sentence,
which is prision ma$or medium, is prision ma$or in its
minimum and the 2 periods next following, which are prision
correccional max and medium.
"ule #o.0)
1hen the penalt$ has onl$ 2 periods
2x. Abduction punishable b$ prision correccional in its
medium and minimum. #he next penalt$ following is formed
b$ 2 periods to be taken from the same penalt$ if possible or
from the periods of the penalt$ numericall$ following the
lesser of the penalties prescribed. #he penalt$ next following
prision correccional in its med and min shall be arresto
ma$or in its med and max.
89
Mitigating and Aggravating circumstances are first disregarded in
the application of the rules for graduating penalties. &t is onl$
after the penalt$ next lower in degree is alread$ determined that
the mitigating and aggravating circumstances should be
considered.
'rt1 >71 Effect of the atten!ance of mitigating or aggravating
circ#mstances an! of habit#al !elin"#enc1 F $itigating or
aggravating circ#mstances an! habit#al !elin"#enc shall be
ta3en into acco#nt for the p#rpose of !iminishing or increasing
the penalt in conformit with the following r#les:
21 'ggravating circ#mstances which in themselves
constit#te a crime speciall p#nishable b law or which are
incl#!e! b the law in !efining a crime an! prescribing the
penalt therefor shall not be ta3en into acco#nt for the p#rpose
of increasing the penalt1
71 The same r#le shall appl with respect to an
aggravating circ#mstance inherent in the crime to s#ch a
!egree that it m#st of necessit accompan the commission
thereof1
61 'ggravating or mitigating circ#mstances which arise
from the moral attrib#tes of the offen!er. or from his private
relations with the offen!e! part. or from an other personal
ca#se. shall onl serve to aggravate or mitigate the liabilit of
the principals. accomplices an! accessories as to whom s#ch
circ#mstances are atten!ant1
;1 The circ#mstances which consist in the material
e%ec#tion of the act. or in the means emploe! to accomplish it.
shall serve to aggravate or mitigate the liabilit of those
persons onl who ha! 3nowle!ge of them at the time of the
e%ec#tion of the act or their cooperation therein1
<1 0abit#al !elin"#enc shall have the following effects1
(a) /pon a thir! conviction the c#lprit shall be sentence! to
the penalt provi!e! b law for the last crime of which he be
fo#n! g#ilt an! to the a!!itional penalt of prision
correccional in its me!i#m an! ma%im#m perio!s:
(b) /pon a fo#rth conviction. the c#lprit shall be sentence!
to the penalt provi!e! for the last crime of which he be fo#n!
g#ilt an! to the a!!itional penalt of prision maor in its
minim#m an! me!i#m perio!s: an!
(c) /pon a fifth or a!!itional conviction. the c#lprit shall be
sentence! to the penalt provi!e! for the last crime of which he
be fo#n! g#ilt an! to the a!!itional penalt of prision maor in
its ma%im#m perio! to recl#sion temporal in its minim#m
perio!1
Notwithstan!ing the provisions of this article. the total of the
two penalties to be impose! #pon the offen!er. in conformit
herewith. shall in no case e%cee! 6B ears1
=or the p#rpose of this article. a person shall be !eeme! to be
habit#al !elin"#ent. is within a perio! of ten ears from the !ate
of his release or last conviction of the crimes of serio#s or less
serio#s phsical in9#ries. robo. h#rto estafa or falsification. he
is fo#n! g#ilt of an of sai! crimes a thir! time or oftener1
!ar 1% Aggravating circumstances are not to be taken into
account when%
a+ the$ themselves constitute a crime
2x. b$ Kmeans of fire6 arson
b+ the$ are included b$ law in the definition of a crime
!ar 2% .ame rules applies when the aggravating circumstance is
inherent in the crime
!ar 3. Aggravating or mitigating circumstances arising from an$
of the ff affect onl$ those to whom such circumstances are
attendant%
a+ from the moral attributes of the offender
b+ from his private relations wC the offended part$
c+ from an$ other personal cause
90
!ar 4% the circumstances wCc consist of the ff shall serve to
aggravate and mitigate the liabilit$ onl$ of those who had
knowledge of them at the time of the commission of the offense
a+ material execution of the act
b+ means emplo$ed to accomplish the crime
91
!ar 5% 7abitual <elin(uent is a person who within the period of
1@ $ears from the date of his *last+ release or last conviction of
the crimes of%
a+ serious or less serious ph$sical in'uries
b+ robber$
c+ estafa
d+ falsification
is found guilt$ of an$ of the said crimes a third time or oftener.
#en $ear period to be computed from the time of last release or
conviction
.ubse(uent crime must be committed after conviction of the
former crime. -ases still pending are not to be taken into
consideration.
7A)&#DA/ <2/&"JD2"-G ,2-&<&L&.M
-rimes to be committed are specified .ame title
1C in 1@ $ears "o time fixed b$ law
Must be found guilt$ 3
rd
time or oftener .econd conviction
Additional penalt$ is imposed &s not offset b$ M-, increases penalt$ to maximum
,ulings on 7abitual <elin(uenc$%
a+ the law on habitual delin(uenc$ does not contemplate the
exclusion from the computation of prior conviction those
falling outside the 1@ $r pd immediatel$ preceding the crime
for wCc the defendant is being tried
b+ ten $r pd is counted not from the date of commission of the
subse(uent offense but to the date of conviction thereof in
relation to the date of his last release or last conviction
c+ when an offender has committed several crimes mentioned
in the definition of habitual delin(uent, without being first
convicted of an$ of them before committing the others, he is
not a habitual delin(uent
d+ convictions on the same da$ or at about the same time are
considered as one onl$ *da$s, weeks..+
e+ crimes committed on the same date, although convictions on
different dates are considered as one
f+ previous convictions are considered ever$ time a new
offense is committed
g+ commissions of those crimes need not be consummated
h+ habitual delin(uenc$ applies to accomplice and accessories
as long as in the crimes specified
i+ a crime committed in the minorit$ of the offender is not
counted
'+ imposition of additional penalt$ is mandator$ and
constitutional
k+ modif$ing circumstances applicable to additional penalt$
l+ habitual delin(uenc$ is not a crime, it is simpl$ a fact or
circumstance which if present gives rise to the imposition of
additional penalt$
m+ penalt$ for habitual delin(uenc$ is a real penalt$ that
determines 'urisdiction
n+ a habitual delin(uent is necessaril$ a recidivist
o+ in imposing the additional penalt$, recidivism is not
aggravating. #he additional penalt$ must be imposed in its
minimum
p+ an offender can be a habitual delin(uent wCo being a
recidivist
92
#otes)
&n no case shall be the total penalties imposed upon the
offender exceed 3@ $ears
#he law does not appl$ to crimes described in Art. 155
#he imposition of the additional penalties on habitual delin(uents
are constitutional, it is simpl$ a punishment on future crimes on
account of the criminal propensities of the accused.
#he imposition of such additional penalties are mandator$.
7abitual delin(uenc$ applies at an$ stage of the execution
because sub'ectivel$, the offender reveals the same degree of
depravit$ or perversit$ as the one who commits a consummated
crime.
7abitual delin(uenc$ applies to all participants because it
reveals persistence in them of the inclination to wrongdoing and
of the perversit$ of character that led them to commit the
previous crime.
-ases where the attending aggravating or mitigating
circumstances are not considered in the imposition of penalties.
!enalt$ that is single and indivisible
:elonies through negligence
!enalt$ is a fine
!enalt$ is prescribed b$ a special law
'rt1 >61 +#les for the application of in!ivisible penalties1 F )n all
cases in which the law prescribes a single in!ivisible penalt. it
shall be applie! b the co#rts regar!less of an mitigating or
aggravating circ#mstances that ma have atten!e! the
commission of the !ee!1
)n all cases in which the law prescribes a penalt compose! of
two in!ivisible penalties. the following r#les shall be observe!
in the application thereof:
21 ,hen in the commission of the !ee! there is present
onl one aggravating circ#mstance. the greater penalt shall be
applie!1
71 ,hen there are neither mitigating nor aggravating
circ#mstances an! there is no aggravating circ#mstance. the
lesser penalt shall be applie!1
61 ,hen the commission of the act is atten!e! b some
mitigating circ#mstances an! there is no aggravating
circ#mstance. the lesser penalt shall be applie!1
;1 ,hen both mitigating an! aggravating circ#mstances
atten!e! the commission of the act. the co#rt shall reasonabl
allow them to offset one another in consi!eration of their
n#mber an! importance. for the p#rpose of appling the penalt
in accor!ance with the prece!ing r#les. accor!ing to the res#lt
of s#ch compensation1
Art =3 applies onl$ when the penalt$ prescribed b$ the -ode is
either one indivisible penalt$ or 2 indivisible penalties
1hen the penalt$ is composed of 2 indivisible penalties, the
penalt$ cannot be lowered b$ one degree no matter how man$
mitigating circumstances are present
2xception% in cases of privileged mitigating circumstances
!ar.4% the moral value rather than the numerical weight shall be
taken into account
,ules for the application of indivisible penalties
93
!enalt$ is single and indivisible applied regardless of the
presence of aggravating and mitigating circumstances
!enalt$ composed of two indivisible penalties
1. 0ne aggravating circumstance present higher penalt$
2. 0ne mitigating circumstance present lower penalt$
3. .ome mitigating circumstances present and no
aggravating lower penalt$
4. Mitigating and Aggravating -ircumstance are present
basis in number and importance
'rt1 >;1 +#les for the application of penalties which contain
three perio!s1 F )n cases in which the penalties prescribe! b
law contain three perio!s. whether it be a single !ivisible
penalt or compose! of three !ifferent penalties. each one of
which forms a perio! in accor!ance with the provisions of
'rticles ?> an! ??. the co#rt shall observe for the application of
the penalt the following r#les. accor!ing to whether there are
or are not mitigating or aggravating circ#mstances:
94
21 ,hen there are neither aggravating nor mitigating
circ#mstances. the shall impose the penalt prescribe! b law
in its me!i#m perio!1
71 ,hen onl a mitigating circ#mstances is present in the
commission of the act. the shall impose the penalt in its
minim#m perio!1
61 ,hen an aggravating circ#mstance is present in the
commission of the act. the shall impose the penalt in its
ma%im#m perio!1
;1 ,hen both mitigating an! aggravating circ#mstances
are present. the co#rt shall reasonabl offset those of one class
against the other accor!ing to their relative weight1
<1 ,hen there are two or more mitigating circ#mstances
an! no aggravating circ#mstances are present. the co#rt shall
impose the penalt ne%t lower to that prescribe! b law. in the
perio! that it ma !eem applicable. accor!ing to the n#mber
an! nat#re of s#ch circ#mstances1
>1 ,hatever ma be the n#mber an! nat#re of the
aggravating circ#mstances. the co#rts shall not impose a
greater penalt than that prescribe! b law. in its ma%im#m
perio!1
?1 ,ithin the limits of each perio!. the co#rt shall
!etermine the e%tent of the penalt accor!ing to the n#mber
an! nat#re of the aggravating an! mitigating circ#mstances an!
the greater an! lesser e%tent of the evil pro!#ce! b the crime1
Art =4 applies when the penalt$ has 3 periods because the$ are
divisible. &f the penalt$ is composed of 3 different penalties, each
forms a period according to Art HH
!ar 4% the mitigating circumstances must be ordinar$, not
privileged. #he aggravating circumstances must be generic or
specific, not (ualif$ing or inherent.
2xample% a (ualif$ing circumstance *treacher$+ cannot be offset
b$ a generic mitigating circumstance *voluntar$ circumstance+
#he court has discretion to impose the penalt$ within the limits
fixed b$ law
Art =4 not applicable when the penalt$ is indivisible or prescribed
b$ special law or a fine
,ules for the application of divisible penalties
"o aggravating and no mitigating circumstances medium
period
0ne mitigating circumstance minimum period
0ne aggravating circumstance maximum period
Mitigating and aggravating circumstance o offset each other
and according to relative weight
2 or more mitigating without an$ aggravating circumstance
on degree lower
'rt1 ><1 +#le in cases in which the penalt is not compose! of
three perio!s1 F )n cases in which the penalt prescribe! b
law is not compose! of three perio!s. the co#rts shall appl the
r#les containe! in the foregoing articles. !ivi!ing into three
e"#al portions of time incl#!e! in the penalt prescribe!. an!
forming one perio! of each of the three portions1
1?CP/TAT8?#.)
!. 7xample$ Prision +a%or &8 %rs, 2 da% to 29 %rs'
2) s#btract the minim#m (!isregar! 2 !a) from the ma%im#m
12$rs =$rs S = $rs
7) !ivi!e the !ifference b 6
95
= $rs C 3 S 2 $rs
6) #se the minim#m (> rs an! 2 !a) as the minim#m of the
minim#m perio!1 Then a!! the 7 rs (!isregar!ing the 2 !a)
to the minim#m to get the ma%im#m of the minim#m
= $rs *minimum of the minimum+
T 2 $rs *difference+
8888888888888888888888888888888888888888888
; $rs *maximum of the minimum+.
#herefore, minimum period of prision ma$or3 = $rs 1 da$ to ; $rs
;) #se the ma%im#m of the minim#m perio! as the minim#m of
the me!i#m perio! an! a!! 2 !a to !isting#ish from the
minim#m perio!1 Then a!! 7 ears to the minim#m of the
me!i#m (!isregar!ing the 2 !a) to get the ma%im#m of the
me!i#m perio!1
; $rs *minimum of the medium+
T 2 $rs *difference+
8888888888888888888888888888888888888888888
1@ $rs *maximum of the medium+
#herefore, medium period of prision ma$or3 ; $rs 1 da$ to 1@ $rs
<) #se the ma%im#m of the me!i#m perio! as the minim#m of
the ma%im#m p!. a!! 2 !a to !isting#ish it from the
me!i#m perio!1 Then a!! 7 rs to the minim#m of the
ma%im#m p! (!isregar!ing the 2 !a) to get the ma%im#m of
the ma%im#m perio!)
1@ $rs *maximum of the medium+
T 2 $rs *difference+
8888888888888888888888888888888888888888888888
12 $rs *maximum of the maximum+
#herefore, maximum period of prision ma$or3 1@ $rs 1 da$ to 12 $rs
-omputation above applicable to all others except arresto ma$or
:. 7xample$ Prision +a%or minimum &8 %rs 2 da% to ; %rs' onl%
2) (#btract minim#m from the ma%im#m
;$rs =$rs S 2 $rs
7) -ivi!e the !ifference b 6
2$rs C 3 S ; months
6) /se the minim#m of the given e%ample as the minim#m
perio!1 Then to get to get the ma%im#m of the minim#m. a!!
the @ months
= $rs T ; months S = $rs and ; months
#herefore, minimum of prision ma$or minimum3 = $rs 1 da$ to = $rs ;
months
;) /se the ma%im#m of the minim#m as the minim#m of the
me!i#m perio!1 '!! 2 !a to !isting#ish it from the
ma%im#m of the minim#m1 '!! the @ months an! this
becomes the ma%im#m of the me!i#m
= $rs ; months T ; months S H $rs 4 months
#herefore, the medium period of prision ma$or minimum3 = $rs ;
mos 1 da$ to H $rs 4 mos
<) /se the ma%im#m of the me!i#m as the minim#m perio! of
the ma%im#m perio! an! a!! 2 !a to !isting#ish1 '!! the @
months to get the ma%im#m of this ma%im#m
96
H $rs 4 mos T ; mos S ; $rs
#herefore, maximum of prision ma$or3 H $rs 4 mos 1 da$ to ; $rs
'rt1 >>1 )mposition of fines1 F )n imposing fines the co#rts ma
fi% an amo#nt within the limits establishe! b law: in fi%ing the
amo#nt in each case attention shall be given. not onl to the
mitigating an! aggravating circ#mstances. b#t more partic#larl
to the wealth or means of the c#lprit1
-ourt must consider the following in imposing the fine%
a+ mitigating and aggravating circumstances
b+ the wealth and means of the culprit
1hen the minimum of the fine is not fixed, the court shall have
the discretion provided it does not exceed the amount authori4ed
b$ law
'rt1 >?1 Penalt to be impose! when not all the re"#isites of
e%emption of the fo#rth circ#mstance of 'rticle 27 are present1
F ,hen all the con!itions re"#ire! in circ#mstances N#mber ;
of 'rticle 27 of this Co!e to e%empt from criminal liabilit are
not present. the penalt of arresto maor in its ma%im#m perio!
to prision correccional in its minim#m perio! shall be impose!
#pon the c#lprit if he shall have been g#ilt of a grave felon.
an! arresto maor in its minim#m an! me!i#m perio!s. if of a
less grave felon1
,e(uisites of Art 12 par 4
a+ act causing the in'ur$ must be lawful
b+ act performed wC due care
c+ in'ur$ was caused b$ mere accident
d+ no fault or intention to cause in'ur$
if these conditions are not all present, then the ff penalties shall
be imposed%
a+ grave felon$ arresto ma$or max to prision correccional min
b+ less grave felon$ arresto ma$or min to arresto ma$or med
'rt1 >@1 Penalt to be impose! #pon a person #n!er eighteen
ears of age1 F ,hen the offen!er is a minor #n!er eighteen
ears an! his case is one coming #n!er the provisions of the
paragraphs ne%t to the last of 'rticle @B of this Co!e. the
following r#les shall be observe!:
21 /pon a person #n!er fifteen b#t over nine ears of age.
who is not e%empte! from liabilit b reason of the co#rt having
!eclare! that he acte! with !iscernment. a !iscretionar penalt
shall be impose!. b#t alwas lower b two !egrees at least than
that prescribe! b law for the crime which he committe!1
71 /pon a person over fifteen an! #n!er eighteen ears of
age the penalt ne%t lower than that prescribe! b law shall be
impose!. b#t alwas in the proper perio!1
#otes)
Art. =; applies to such minor if his application for suspension of
sentence is disapproved or if while in the reformator$ institution
he becomes incorrigible in which case he shall be returned to the
court for the imposition of the proper penalt$.
Art. =; provides for 2 privileged mitigating circumstances
97
&f the act is attended b$ two or more mitigating circumstance and
no aggravating circumstance, the penalt$ being divisible a minor
over 15 but under 1; ma$ still get a penalt$ two degrees lower.
under 15 but over I and has acted wC discretion% 2 degrees
lower
under 1; but over 15% 1 degree lower
'rt1 >51 Penalt to be impose! when the crime committe! is not
wholl e%c#sable1 F ' penalt lower b one or two !egrees
than that prescribe! b law shall be impose! if the !ee! is not
wholl e%c#sable b reason of the lac3 of some of the
con!itions re"#ire! to 9#stif the same or to e%empt from
criminal liabilit in the several cases mentione! in 'rticle 22
an! 27. provi!e! that the ma9orit of s#ch con!itions be
present1 The co#rts shall impose the penalt in the perio! which
ma be !eeme! proper. in view of the n#mber an! nat#re of the
con!itions of e%emption present or lac3ing1
!enalt$ to be imposed when the crime committed is not wholl$
excusable
1 or 2 degrees lower if the ma'orit$ of the conditions for
'ustification or exemption in the cases provided in Arts. 11
and 12 are present.
98
'rt1 ?B1 (#ccessive service of sentence1 F ,hen the c#lprit has
to serve two or more penalties. he shall serve them
sim#ltaneo#sl if the nat#re of the penalties will so permit
otherwise. the following r#les shall be observe!:
)n the imposition of the penalties. the or!er of their respective
severit shall be followe! so that the ma be e%ec#te!
s#ccessivel or as nearl as ma be possible. sho#l! a par!on
have been grante! as to the penalt or penalties first impose!.
or sho#l! the have been serve! o#t1
=or the p#rpose of appling the provisions of the ne%t
prece!ing paragraph the respective severit of the penalties
shall be !etermine! in accor!ance with the following scale:
21 -eath.
71 +ecl#sion perpet#a.
61 +ecl#sion temporal.
;1 Prision maor.
<1 Prision correccional.
>1 'rresto maor.
?1 'rresto menor.
@1 -estierro.
51 Perpet#al absol#te !is"#alification.
2B Temporal absol#te !is"#alification1
221 (#spension from p#blic office. the right to vote an! be
vote! for. the right to follow a profession or calling. an!
271 P#blic cens#re1
Notwithstan!ing the provisions of the r#le ne%t prece!ing. the
ma%im#m !#ration of the convictGs sentence shall not be more
than threeAfol! the length of time correspon!ing to the most
severe of the penalties impose! #pon him1 No other penalt to
which he ma be liable shall be inflicte! after the s#m total of
those impose! e"#als the same ma%im#m perio!1
(#ch ma%im#m perio! shall in no case e%cee! fort ears1
)n appling the provisions of this r#le the !#ration of perpet#al
penalties ( pena perpet#a) shall be comp#te! at thirt ears1 ('s
amen!e!)1
Maximum duration of the convict>s sentence% 3 times the most
severe penalt$
Max period shall not exceed 4@ $ears
.ubsidiar$ imprisonment this shall be excluded in computing
for the maximum duration
2xample% Buan has 1@ sentences of = months and 1 da$ each
and a fine of 1@@@. 7e was not able to pa$ the fine. #herefore,
he must serve subsidiar$ penalt$ after 1; months and 3 da$s in
'ail.
'rt1 ?21 Gra!#ate! scales1 F )n the case in which the law
prescribe! a penalt lower or higher b one or more !egrees
than another given penalt. the r#les prescribe! in 'rticle >2
shall be observe! in gra!#ating s#ch penalt1
The lower or higher penalt shall be ta3en from the gra!#ate!
scale in which is comprise! the given penalt1
The co#rts. in appling s#ch lower or higher penalt. shall
observe the following gra!#ate! scales:
(C'LE NO1 2
21 -eath.
71 +ecl#sion perpet#a.
61 +ecl#sion temporal.
;1 Prision maor.
99
<1 Prision correccional.
>1 'rresto maor.
?1 -estierro.
@1 'rresto menor.
51 P#blic cens#re.
2B1 =ine1
(C'LE NO1 7
21 Perpet#al absol#te !is"#alification.
71 Temporal absol#te !is"#alification
61 (#spension from p#blic office. the right to vote an! be
vote! for. the right to follow a profession or calling.
;1 P#blic cens#re.
<1 =ine1
'rt1 ?71 Preference in the pament of the civil liabilities1 F The
civil liabilities of a person fo#n! g#ilt of two or more offenses
shall be satisfie! b following the chronological or!er of the
!ates of the 9#!gments ren!ere! against him. beginning with
the first in or!er of time1
the penalties shall be satisfied according to the scale of Art H@
'rt1 ?61 Pres#mption in regar! to the imposition of accessor
penalties1 F ,henever the co#rts shall impose a penalt which.
b provision of law. carries with it other penalties. accor!ing to
the provisions of 'rticles ;B. ;2. ;7. ;6 an! ;; of this Co!e. it
m#st be #n!erstoo! that the accessor penalties are also
impose! #pon the convict1
subsidiar$ penalties are deemed imposed. 7owever, the
subsidiar$ imprisonment must be expressl$ stated in the
decision.
'rt1 ?;1 Penalt higher than recl#sion perpet#a in certain cases1
F )n cases in which the law prescribes a penalt higher than
another given penalt. witho#t speciall !esignating the name
of the former. if s#ch higher penalt sho#l! be that of !eath. the
same penalt an! the accessor penalties of 'rticle ;B. shall be
consi!ere! as the ne%t higher penalt1
if the decision or law sa$s higher than ,! or 2 degrees than ,#,
then the penalt$ imposed is ,! or ,# as the case ma$ be. <eath
must be designated b$ name. 7owever, for the other penalties,
this does not appl$.
2xample% the penalt$ for crime ? is 2 degrees lower than ,!.
#he penalt$ imposed is prision ma$or.
'rt1 ?<1 )ncreasing or re!#cing the penalt of fine b one or
more !egrees1 F ,henever it ma be necessar to increase or
re!#ce the penalt of fine b one or more !egrees. it shall be
increase! or re!#ce!. respectivel. for each !egree. b oneA
fo#rth of the ma%im#m amo#nt prescribe! b law. witho#t
however. changing the minim#m1
The same r#les shall be observe! with regar! of fines that !o
not consist of a fi%e! amo#nt. b#t are ma!e proportional1
100
To get the lower degree$
Max% reduce b$ one8fourth
Min% the same
'rt1 ?>1 Legal perio! of !#ration of !ivisible penalties1 F The
legal perio! of !#ration of !ivisible penalties shall be
consi!ere! as !ivi!e! into three parts. forming three perio!s.
the minim#m. the me!i#m. an! the ma%im#m in the manner
shown in the following table:
101
'rt1 ??1 ,hen the penalt is a comple% one compose! of three
!istinct penalties1 F )n cases in which the law prescribes a
penalt compose! of three !istinct penalties. each one shall
form a perio!: the lightest of them shall be the minim#m the
ne%t the me!i#m. an! the most severe the ma%im#m perio!1
,henever the penalt prescribe! !oes not have one of the
forms speciall provi!e! for in this Co!e. the perio!s shall be
!istrib#te!. appling b analog the prescribe! r#les1
if there are 3 distinct penalties3 there shall be a minimum, a
medium and a maximum
2xample% ,eclusion temporal max to death
'rt1 ?@1 ,hen an! how a penalt is to be e%ec#te!1 F No
penalt shall be e%ec#te! e%cept b virt#e of a final 9#!gment1
' penalt shall not be e%ec#te! in an other form than that
prescribe! b law. nor with an other circ#mstances or
inci!ents than those e%pressl a#thori8e! thereb1
)n a!!ition to the provisions of the law. the special reg#lations
prescribe! for the government of the instit#tions in which the
penalties are to be s#ffere! shall be observe! with regar! to the
character of the wor3 to be performe!. the time of its
performance. an! other inci!ents connecte! therewith. the
relations of the convicts among themselves an! other persons.
the relief which the ma receive. an! their !iet1
The reg#lations shall ma3e provision for the separation of the
se%es in !ifferent instit#tions. or at least into !ifferent
!epartments an! also for the correction an! reform of the
convicts1
0nl$ penalt$ b$ final 'udgment can be executed. Budgment is
final if the accused has not appealed within 15 da$s or he has
expressl$ waived in writing that he will not appeal.
#here could be no subsidiar$ liabilit$ if it was not expressl$
ordered in the 'udgment
'rt1 ?51 (#spension of the e%ec#tion an! service of the
penalties in case of insanit1 F ,hen a convict shall become
insane or an imbecile after final sentence has been prono#nce!.
the e%ec#tion of sai! sentence shall be s#spen!e! onl with
regar! to the personal penalt. the provisions of the secon!
paragraph of circ#mstance n#mber 2 of article 27 being
observe! in the correspon!ing cases1
)f at an time the convict shall recover his reason. his sentence
shall be e%ec#te!. #nless the penalt shall have prescribe! in
accor!ance with the provisions of this Co!e1
The respective provisions of this section shall also be observe!
if the insanit or imbecilit occ#rs while the convict is serving
his sentence
-ases of insanit$%
a+ after final sentence, suspend the sentence regarding the
personal penalties
b+ if he recovers, the sentence is executed unless it has
prescribed
c+ the pa$ment of civil of pecuniar$ liabilities shall not be
suspended
Art ;@ *as amended b$ !< =@3% -hild and Gouth 1elfare -ode+
102
a+ $outhful offender over I but under 1; at time of the
commission of the offense
b+ a $outhful offender held for examination or trial who cannot
furnish bail will be committed to the <.1<Clocal rehab
center or detention home
c+ 'udgment of the court shall not be pronounced but
suspended except for the ff cases%
1. those who previousl$ en'o$ed a suspension of
sentence
2. those convicted of death or life imprisonment
3. those convicted for an offense b$ the militar$
tribunals
d+ the <.1< ma$ dismiss the case if the $outh behaves
properl$
e+ the records of the proceeding shall be privileged and shall
not be disclosed
f+ the civil liabilit$ of the $outhful offender ma$ be voluntar$
assumed b$ a relative or a friend
g+ the parent or guardian of the child is liable when he aids,
abets or connives wC the commission of the crime or does an
act producing, promoting or contributing to the child>s being
a 'uvenile delin(uent.
h+ #he penalties for the parent or guardian% :ine not exceeding
5@@ andCor imprisonment not exceeding 2 $ears
'rt1 @21 ,hen an! how the !eath penalt is to be
e%ec#te!1 F The !eath sentence shall be e%ec#te! with
reference to an other an! shall consist in p#tting the person
#n!er sentence to !eath b electroc#tion1 The !eath sentence
shall be e%ec#te! #n!er the a#thorit of the -irector of Prisons.
en!eavoring so far as possible to mitigate the s#fferings of the
person #n!er sentence !#ring electroc#tion as well as !#ring
the procee!ings prior to the e%ec#tion1
)f the person #n!er sentence so !esires. he shall be
anaestheti8e! at the moment of the electroc#tion1
'rt1 @71 Notification an! e%ec#tion of the sentence an!
assistance to the c#lprit1 F The co#rt shall !esignate a wor3ing
!a for the e%ec#tion b#t not the ho#r thereof: an! s#ch
!esignation shall not be comm#nicate! to the offen!er before
s#nrise of sai! !a. an! the e%ec#tion shall not ta3e place #ntil
after the e%piration of at least eight ho#rs following the
notification. b#t before s#nset1 -#ring the interval between the
notification an! the e%ec#tion. the c#lprit shall. in so far as
possible. be f#rnishe! s#ch assistance as he ma re"#est in
or!er to be atten!e! in his last moments b priests or ministers
of the religion he professes an! to cons#lt lawers. as well as in
or!er to ma3e a will an! confer with members of his famil or
persons in charge of the management of his b#siness. of the
a!ministration of his propert. or of the care of his
!escen!ants1
<esignate a working da$ wCc shall not be communicated to the
offender before the sunrise of said da$. #he execution shall not
take place until after the expiration of at least ; hrs following
such notification.
7e can execute a will.
'rt1 @61 (#spension of the e%ec#tion of the !eath
sentence1 F The !eath sentence shall not be inflicte! #pon a
woman within the three ears ne%t following the !ate of the
sentence or while she is pregnant. nor #pon an person over
sevent ears of age1 )n this last case. the !eath sentence shall
be comm#te! to the penalt of recl#sion perpet#a with the
accessor penalties provi!e! in 'rticle ;B1
103
<eath sentence commuted to ,!%
a+ woman, within 3 $ears, following the date of sentence
b+ woman, while pregnant
c+ person over H@ $ears old.
104
'rt1 @;1 Place of e%ec#tion an! persons who ma
witness the same1 F The e%ec#tion shall ta3e place in the
penitentiar of &ilibi! in a space close! to the p#blic view an!
shall be witnesse! onl b the priests assisting the offen!er
an! b his lawers. an! b his relatives. not e%cee!ing si%. if he
so re"#est. b the phsician an! the necessar personnel of the
penal establishment. an! b s#ch persons as the -irector of
Prisons ma a#thori8e1
'rt1 @<1 Provisions relative to the corpse of the person
e%ec#te! an! its b#rial1 F /nless claime! b his famil. the
corpse of the c#lprit shall. #pon the completion of the legal
procee!ings s#bse"#ent to the e%ec#tion. be t#rne! over to the
instit#te of learning or scientific research first appling for it. for
the p#rpose of st#! an! investigation. provi!e! that s#ch
instit#te shall ta3e charge of the !ecent b#rial of the remains1
Otherwise. the -irector of Prisons shall or!er the b#rial of the
bo! of the c#lprit at government e%pense. granting permission
to be present thereat to the members of the famil of the c#lprit
an! the frien!s of the latter1 )n no case shall the b#rial of the
bo! of a person sentence! to !eath be hel! with pomp1
'rt1 @>1 +ecl#sion perpet#a. recl#sion temporal. prision
maor. prision correccional an! arresto maor1 F The penalties
of recl#sion perpet#a. recl#sion temporal. prision maor.
prision correccional an! arresto maor. shall be e%ec#te! an!
serve! in the places an! penal establishments provi!e! b the
'!ministrative Co!e in force or which ma be provi!e! b law
in the f#t#re1
'rt1 @?1 -estierro1 F 'n person sentence! to !estierro
shall not be permitte! to enter the place or places !esignate! in
the sentence. nor within the ra!i#s therein specifie!. which
shall be not more than 7<B an! not less than 7< 3ilometers from
the place !esignate!1
<estierro shall be imposed in the ff cases%
a+ death or serious ph$sical in'uries is caused or are inflicted
under exceptional circumstance
b+ person fails to give bond for god behavior
c+ concubine>s penalt$ for the crime of concubinage
d+ lowering the penalt$ b$ degrees
2xecution of <istierro
a+ -onvict shall not be permitted to enter the place designated
in the sentence nor within the radius specified, which shall
not be more than 25@ and not less than 25 km from the
place designated.
b+ &f the convict enters the prohibited area, he commits evasion
of sentence
'rt1 @@1 'rresto menor1 F The penalt of arresto menor
shall be serve! in the m#nicipal 9ail. or in the ho#se of the
!efen!ant himself #n!er the s#rveillance of an officer of the
law. when the co#rt so provi!es in its !ecision. ta3ing into
consi!eration the health of the offen!er an! other reasons
which ma seem
satisfactor to it1
105
.erved where%
&n the municipal 'ail
&n the house of the offender, but under the surveillance of an
officer of the law whenever the court so provides in the decision
due to the health of the offender. )ut the reason is not
satisfactor$ 'ust because the offender is a respectable member
of the communit$
'rt1 @51 0ow criminal liabilit is totall e%ting#ishe!1 F
Criminal liabilit is totall e%ting#ishe!:
(2) & the !eath of the convict. as to the personal penalties an!
as to pec#niar penalties. liabilit therefor is e%ting#ishe! onl
when the !eath of the offen!er occ#rs before final 9#!gment1
2xtinguishment of criminal liabilit$ is a ground of motion to (uash
-riminal liabilit$ whether before or after final 'udgment is
extinguished upon death because it is a personal penalt$
!ecuniar$ penalt$ is extinguished onl$ when death occurs before
final 'udgement.
#he death of the offended part$ however does not extinguish
criminal liabilit$ of the accused because it is a crime against the
state.
(7) & service of the sentence
-rime is a debt, hence extinguished upon pa$ment
.ervice does not extinguish civil liabilit$
Amnest$ is an act of the sovereign power granting oblivion or
general pardon. &t wipes all traces and vestiges of the crime but
does not extinguish civil liabilit$.
(6) & absol#te par!on
!ardon an act of grace proceeding from the power entrusted
wC the execution of laws, which exempts the individual from the
punishment the law inflicts for the crime.
AM"2.#G !A,<0"
2xtended to classes of persons who ma$ be guilt$
of political offenses
2xercised individuall$ b$ the president
2xercised even before trial or investigation 2xercised when one is convicted
/ooks backward and abolishes the offense itself /ooks forward and relieves the offender of the
conse(uences
<oes not extinguish civil liabilit$ .ame
A public act that needs the declaration of the
president with the concurrence of -ongress
A private act of the president
-ourts should take 'udicial notice Must be pleaded and proved
(;) & prescription of the crime
1hen the crime prescribes, the state loses the right to prosecute
!rescription of a crime is the lossCforfeiture of the right of the
state to prosecute the offender after the lapse of a certain time.
(<) & prescription of the penalt
106
means the lossCforfeiture of the right of government to execute
the final sentence after the lapse of a certain time. -onditions%
there must be final 'udgement and the period has elapsed.
(>) & the marriage of the offen!e! woman. as provi!e! in 'rt
6;; of this Co!e
107
'rt1 5B1 Prescription of crime1 F Crimes p#nishable b
!eath. recl#sion perpet#a or recl#sion temporal shall prescribe
in twent ears1
Crimes p#nishable b other afflictive penalties shall prescribe
in fifteen ears1
Those p#nishable b a correctional penalt shall prescribe in
ten ears: with the e%ception of those p#nishable b arresto
maor. which shall prescribe in five ears1
The crime of libel or other similar offenses shall prescribe in
one ear1
The crime of oral !efamation an! slan!er b !ee! shall
prescribe in si% months1
Light offenses prescribe in two months1
,hen the penalt fi%e! b law is a compo#n! one. the highest
penalt shall be ma!e the basis of the application of the r#les
containe! in the first. secon! an! thir! paragraphs of this
article1 ('s amen!e! b +' ;>>2. approve! 4#ne 25. 25>>1)
&n computing for the period, the first da$ is excluded and the last
da$ included. .ub'ect to leap $ears
1hen the last da$ of the prescriptive period falls on a .unda$ or
a legal holida$, the info can no longer be filed the ff da$
.imple slander prescribes in 2 months and grave slander in =
months
.ince destierro is a correctional penalt$, it prescribes in 1@
$ears. Afflictive penalties, 15 $ears.
&f compound penalt$, basis will be the highest penalt$
&f fine is an alternative penalt$ *imposed together wC a penalt$
lower than the fine+, fine shall be the basis
!rescription begins to run from the discover$ thereof. &nterrupted
when proceedings are instituted and shall begin to run again
when the proceedings are dismissed.
&f an accused fails to move to (uash before pleading, he is
deemed to have waived all ob'ections.
!rescription does not take awa$ the court>s 'urisdiction but onl$
absolves the defendant and ac(uits him.
'rt1 521 Comp#tation of prescription of offenses1 F The
perio! of prescription shall commence to r#n from the !a on
which the crime is !iscovere! b the offen!e! part. the
a#thorities. or their agents. an! shall be interr#pte! b the filing
of the complaint or information. an! shall commence to r#n
again when s#ch procee!ings terminate witho#t the acc#se!
being convicte! or ac"#itte!. or are #n9#stifiabl stoppe! for
an reason not imp#table to him1
The term of prescription shall not r#n when the offen!er is
absent from the Philippine 'rchipelago1
&f there is nothing concealed *appears in a public document+, the
crime commences to run on the date of the commission
!eriod of prescription for crimes that is continuing never runs
-rime needs to be discovered b$%
a+ offended part$
b+ authorities
c+ their agents
&f a person witnesses the crime but onl$ tells the authorities 25
$ears later, prescription commences on the da$ the authorities
were told.
108
5hat interrupts prescription9
a+ preliminar$ examination or investigation wCc is similar to 'udicial
proceeding
b+ filing the proper complaint wC the fiscal>s office and the
prosecutor. !olice not included.
c+ :iling complaint with the court that has proper 'urisdiction
109
1hen the period commences to run again
a+ 1hen the proceeding is terminated without the accused
being convicted or ac(uitted
b+ 1hen the proceeding is un'ustifiabl$ stopped for a reason
not imputable to the offender
Kwhen such proceedings terminate6 termination that is final3 an
unappealed conviction or ac(uittal
Kun'ustifiabl$ stopped for an$ reason6 example% accused
evades arrest, proceedings must be stopped
Art I1 applies to a special law when said law does not provide
for the application but onl$ provides for the period of prescription
'rt1 571 ,hen an! how penalties prescribe1 F The
penalties impose! b final sentence prescribe as follows:
21 -eath an! recl#sion perpet#a. in twent ears:
71 Other afflictive penalties. in fifteen ears:
61 Correctional penalties. in ten ears: with the e%ception
of the penalt of arresto maor. which prescribes in five
ears:
;1 Light penalties. in one ear1
"ote that final sentence must be imposed
&f a convict can avail of mitigating circumstances and the penalt$
is lowered, it is still the original penalt$ that is used as the basis
for prescription. 7owever, if the convict alread$ serves a portion
of his sentence and escapes after, the penalt$ that was imposed
*not the original+ shall be the basis for prescription
:ines less than 2@@ fall under light penalt$. #hose above are
correccional.
'rt1 561 Comp#tation of the prescription of penalties1 F
The perio! of prescription of penalties shall commence to r#n
from the !ate when the c#lprit sho#l! eva!e the service of his
sentence. an! it shall be interr#pte! if the !efen!ant sho#l!
give himself #p. be capt#re!. sho#l! go to some foreign co#ntr
with which this Government has no e%tra!ition treat. or sho#l!
commit another crime before the e%piration of the perio! of
prescription1
2lements%
a+ penalt$ is final
b+ convict evaded the sentence
c+ convict has not given himself up
d+ penalt$ has prescribed because of lapse of time from the
date of the evasion of the service of the sentence
&nterruption of the period
&f the defendant surrenders
&f he is captured
&f he should go into a foreign countr$ with which the
!hilippines has no extradition treat$
&f he should commit another crime before the expiration of
the period of prescription
Acceptance of a conditional pardon*People v. Puntilos,
110
&f a government has an extradition treat$ wC the countr$ to wCc a
convict escaped and the crime is not included in the treat$, the
running of the prescription is interrupted
.entence evasion clearl$ starts the running of the prescription. &t
does not interrupt it. Acceptance of the conditional pardon
interrupts the prescriptive period.
,olito Ao case% since he was captured, he is onl$ supposed to
serve the remainder of his sentence. ,eason% during the period
he escaped, his existence is one of fear and discomfort
'rt1 5;1 Partial E%tinction of criminal liabilit1 F Criminal
liabilit is e%ting#ishe! partiall:
21 & con!itional par!on:
71 & comm#tation of the sentence: an!
61 =or goo! con!#ct allowances which the c#lprit ma earn
while he is serving his sentence1
Con!itional par!on contract between the sovereign power of the
executive and the convict
-onvict shall not violate an$ of the penal laws of the
!hilippines
Liolation of conditions%
0ffender is re8arrested and re8incarcerated
!rosecution under Art. 15I
Comm#tation change in the decision of the court b$ the chief
regarding the
*1+ degree of the penalt$3
*2+ b$ decreasing the length of the imprisonment or fine
-ommutation allowed when%
a+ person over H@ $rs old
b+ 1@ 'ustices fail to reach a decision affirming the death
penalt$
-onsent not necessar$ in commutation
!risoner is also allowed special time allowance for lo$alt$
wCc is 1C5 deduction of the period of his sentence.
Parole consists in the suspension of the sentence of a convict after
serving the minimum term of the indeterminate penalt$, without
granting pardon, prescribing the terms upon which the sentence shall
be suspended. &n case his parole conditions are not observed, a
convict ma$ be returned to the custod$ and continue to serve his
sentence without deducting the time that elapsed.
-0"<&#&0"A/ !A,<0" !A,0/2
Aiven after final 'udgement Aiven after service of the minimum penalt$
Aranted b$ -hief 2xecutive Aiven b$ the )d of !ardons and !arole
:or violation, convict ma$ not be prosecuted under
15I
:or violations, ma$ be rearrested, convict serves
remaining sentence
@ood conduct allowance during confinement
<eduction for the term of sentence for good behavior
111
'rt1 5<1 Obligation inc#rre! b person grante!
con!itional
par!on1 F 'n person who has been grante! con!itional
par!on shall inc#r the obligation of compling strictl with the
con!itions impose! therein otherwise. his nonAcompliance with
an of the con!itions specifie! shall res#lt in the revocation of
the par!on an! the provisions of 'rticle 2<5 shall be applie! to
him1
-ondition of pardon is limited to unserved portion of the
sentence, unless an intention to extend it be$ond the time is
manifest
112
'rt1 5>1 Effect of comm#tation of sentence1 F The
comm#tation of the original sentence for another of a !ifferent
length an! nat#re shall have the legal effect of s#bstit#ting the
latter in the place of the former1
'rt1 5?1 'llowance for goo! con!#ct1 F The goo!
con!#ct of an prisoner in an penal instit#tion shall entitle him
to the following !e!#ctions from the perio! of his sentence:
21 -#ring the first two ears of his imprisonment. he shall
be allowe! a !e!#ction of five !as for each month of goo!
behavior:
71 -#ring the thir! to the fifth ear. incl#sive. of his
imprisonment. he shall be allowe! a !e!#ction of eight !as for
each month of goo! behavior:
61 -#ring the following ears #ntil the tenth ear. incl#sive.
of his imprisonment. he shall be allowe! a !e!#ction of ten
!as for each month of goo! behavior: an!
;1 -#ring the eleventh an! s#ccessive ears of his
imprisonment. he shall be allowe! a !e!#ction of fifteen !as
for each month of goo! behavior1
Allowance for good conduct not applicable when prisoner
released under conditional pardon.
Aood conduct time allowance is given in consideration of good
conduct of prisoner while he is serving sentence.
Allowances for Aood conduct per $ear
Gears
:irst 2 $ears 5 da$s per month of good behavior
3
rd
to 5
th
$ears ; da$s per month of good behavior
:ollowing $ears up to 1@
th
$ear 1@ da$s per month of good behavior
11
th
$ear and successive $ears 15 da$s per month of good behavior
'rt1 5@1 (pecial time allowance for loalt1 F '
!e!#ction of oneAfifth of the perio! of his sentence shall be
grante! to an prisoner who. having eva!e! the service of his
sentence #n!er the circ#mstances mentione! in article <@ of
this Co!e. gives himself #p to the a#thorities within ;@ ho#rs
following the iss#ance of a proclamation anno#ncing the
passing awa of the calamit or catastrophe to in sai! article1
.pecial time allowance for lo$alt$ of prisoners%
#he article applies onl$ to prisoners who escaped
deduction of 1C5 of the period of sentence of prisoner who
having evaded the service of his sentence during the
calamit$ or catastrophe mentioned in Art 15;, gives himself
up to the authorities wCin 4; hrs ff the issuance of the
proclamation b$ the !resident announcing the passing awa$
of the calamit$ or catastrophe
deduction based on the original sentence and not on the
unexpired portion
Art 15; provides for increased penalties%
8 a convict who has evaded the service of his sentence b$
leaving the penal institution on the occasion of disorder resulting
from conflagration, earth(uake or similar catastrophe or during
mutin$ in which he did not participate is liable to an increased
penalt$ *1C5 of the time still remaining to be served not to
113
exceed = months+, if he fails to give himself up to the authorities
wCin 4; hrs ff the issuance of a proclamation b$ the !resident
announcing the passing awa$ of the calamit$.
114
'rt1 551 ,ho grants time allowances1 F ,henever
lawf#ll 9#stifie!. the -irector of Prisons shall grant allowances
for goo! con!#ct1 (#ch allowances once grante! shall not be
revo3e!1
a+ authorit$ to grant time allowance for good conduct is exclusivel$
vested in the <ir *e.g. provincial warden cannot usurp <irector>s
authorit$+
b+ it is not an automatic right and once granted, cannot be revoked
b$ him
C)D)L L)'&)L)TC
2 classes%
a+ social in'ur$ produced b$ disturbance and alarm wCc are the
outcome of the offense
b+ personal in'ur$ caused b$ the victim who ma$ have suffered
damage, either to his person, propert$, honor or chastit$
'rt1 2BB1 Civil liabilit of a person g#ilt of felon1 F
Ever person criminall liable for a felon is also civill liable1
&asis:
obligation to repair or to make whole the damage caused to another
b$ reason of an act or omission, whether done intentionall$ or
negligentl$ and whether or not punishable b$ law
-#al character of the crime as against:
a+ the state because of the disturbance of peace and order
b+ the private person in'ured unless it involves the crime of
treason, rebellion, espionage, contempt and others
where no civil liabilit$ arises on the part of the offender
either because there are no damages or there is no
private person in'ured b$ the crime
-amage that ma be recovere! in criminal cases:
-rimes against persons, like crime of ph$sical in'uries
whatever he spent for treatment of wounds, doctor>s fees,
medicines as well as salar$ or wages unearned
Moral <amages% seduction, abduction, rape or other lascivious
acts, adulter$ or concubinage, illegal or arbitrar$ detention or
arrest, illegal search, libel, slander or an$ other form of
defamation, malicious prosecution
2xemplar$ <amages% imposed when crime was committed with
one or more aggravating circumstances
a+ &f there is no damage caused b$ the commission of the crime,
offender is not civill$ liable
b+ <ismissal of the info or the crime action does not affect the right
of the offended part$ to institute or continue the civil action
alread$ instituted arising from the offense, because such
dismissal does not carr$ with it the extinction of the civil one.
c+ 1hen accused is ac(uitted on ground that his guilt has not been
proven be$ond reasonable doubt, a civil action for damages for
the same act or omission ma$ be instituted
d+ 2xemption from criminal liabilit$ in favor of an imbecile or insane
person, and a person under I $rs, or over I but under 15 who
acted wC discernment and those acting under the impulse of
irresistible force or under the impulse of an uncontrolable fear of
an e(ual or greater in'ur$ does not include exemption from civil
liabilit$.
115
e+ Ac(uittal in the crim action for negligence does not preclude the
offended part$ from filing a civil action to recover damages,
based on the theor$ that the act is (uasi8delict
f+ 1hen the court found the accused guilt$ of crim negligence but
failed to enter 'udgement of civil liabilit$, the private prosecutor
has a right to appeal for the purposes of the civil liabilit$ of the
accused. #he appellate court ma$ remand the case to the trial
court for the latter to include in its 'udgement the civil liabilit$ of
the accused
g+ )efore expiration of the 158da$ of for appealing, the trial court
can amend the 'udgement of conviction b$ adding a provision for
the civil liabilit$ of the accused, even if the convict has started
serving the sentence.
h+ An independent civil action ma$ be brought b$ the in'ured part$
during the pendenc$ of the criminal case provided the right is
reserved. ,eservation is necessar$ in the ff cases%
1. an$ of the cases referred to in Art 32 *perpetual or
temporar$ dis(ualification for exercise of the right of
suffrage+
2. defamation, fraud and ph$sical in'ur$ *bodil$ in'ur$
and not the crime of ph$sical in'ur$+
3. civil action is against a member of a cit$ or municipal
police force for refusing or failing to render aid or
protection to an$ person in case of danger to life or
propert$
4. in an action for damage arising from fault or
negligence and there is no pre8existing contractual
relation between the parties *(uasi8delict+
i+ !re'udicial Juestion one wCc arises in a case, the resolution of
which is a logical antecedent of the issue involved in said case
and the cogni4ance of which pertains to another tribunal.
:or the principle to appl$, it is essential that there be 2 cases
involved, a civil and a criminal case. !re'udicial (uestions ma$
be decided before an$ criminal prosecution ma$ be instituted or
ma$ proceed.
An independent civil action ma$ be brought b$ the in'ured part$
during the pendenc$ of the criminal case, provided that the right
is reserved
2xtinction of the penal action does not carr$ with it the extinction
of the civil, unless the extinction proceeds from a declaration in a
final 'udgement that the fact from which the civil might arise did
not exist
'rt1 2B21 +#les regar!ing civil liabilit in certain cases1 F
The e%emption from criminal liabilit establishe! in
s#b!ivisions 2. 7. 6. < an! > of article 27 an! in s#b!ivision ; of
article 22 of this Co!e !oes not incl#!e e%emption from civil
liabilit. which shall be enforce! s#b9ect to the following r#les:
=irst1 )n cases of s#b!ivisions 2. 7. an! 6 of 'rticle 27. the civil
liabilit for acts committe! b an imbecile or insane person. an!
b a person #n!er nine ears of age. or b one over nine b#t
#n!er fifteen ears of age. who has acte! witho#t !iscernment.
shall !evolve #pon those having s#ch person #n!er their legal
a#thorit or control. #nless it appears that there was no fa#lt or
negligence on their part1
(ho#l! there be no person having s#ch insane. imbecile or
minor #n!er his a#thorit. legal g#ar!ianship or control. or if
s#ch person be insolvent. sai! insane. imbecile. or minor shall
respon! with their own propert. e%cepting propert e%empt
from e%ec#tion. in accor!ance with the civil law1
(econ!1 )n cases falling within s#b!ivision ; of 'rticle 22. the
persons for whose benefit the harm has been prevente! shall
be civill liable in proportion to the benefit which the ma have
receive!1
The co#rts shall !etermine. in so#n! !iscretion. the
proportionate amo#nt for which each one shall be liable1
,hen the respective shares cannot be e"#itabl !etermine!.
even appro%imatel. or when the liabilit also attaches to the
Government. or to the ma9orit of the inhabitants of the town.
an!. in all events. whenever the !amages have been ca#se!
116
with the consent of the a#thorities or their agents.
in!emnification shall be ma!e in the manner prescribe! b
special laws or reg#lations1
Thir!1 )n cases falling within s#b!ivisions < an! > of 'rticle 27.
the persons #sing violence or ca#sing the fears shall be
primaril liable an! secon!aril. or. if there be no s#ch persons.
those !oing the act shall be liable. saving alwas to the latter
that part of their propert e%empt from e%ec#tion1
Aeneral ,ule% exemption from criminal liabilit$ does not include
exemption from civil liabilit$
2xception% no civil liabilit$ in par 4 and Hof art 12. !ar 1,2,3,5 and =
are "0# exempt from civil liabilit$ although exempt from criminal
liabilit$
1ho are civill$ liable for%
a. acts of insane or minor exempt from criminal liabilit$
1. primaril$ devolve upon perosns having legal
authorit$ or control over him, if at fault or negligent
*except if proven that the$ acted wCo fault or wC due
diligence+
2. if no fault or negligence, or even wC fault but is
insolvent and there are no persons having legal
authorit$ over them, the propert$ of the insane,
minor or imbecile not exempt from execution shall be
held liable.
b. over 15 but under 1; w. discernment
1. civil code sa$s parent *dad then mom+U
2. guardians
3. minors own propert$ where a guardian ad litem shall
be appointed
Ffinal release of a child based on good conduct does not
remove his civil liabilit$ for damages.
c. persons acting under an irresistible force or
uncontrollable fear
1. persons using violence or causing the fear are
primaril$ liable
2. if there are none, those doing the act
d. no civil liabilit$ in 'ustif$ing circumstances 2?-2!#% par
4 of Art 11, the one benefited b$ the act is civill$ liable.
e. civil liabilit$ in case of state of necessit$
#hose who benefited b$ the act and court shall
determine the proportionate amount for which each shall
be liable. &f the government or ma'orit$ of the inhabitants
are liable, such will be determined b$ special laws or
regulations.
'rt1 2B71 (#bsi!iar civil liabilit of inn3eepers.
tavern3eepers an! proprietors of establishments1 F )n !efa#lt
of the persons criminall liable. inn3eepers. tavern3eepers. an!
an other persons or corporations shall be civill liable for
crimes committe! in their establishments. in all cases where a
violation of m#nicipal or!inances or some general or special
police reg#lation shall have been committe! b them or their
emploees1
)nn3eepers are also s#bsi!iaril liable for the restit#tion of
goo!s ta3en b robber or theft within their ho#ses from g#ests
lo!ging therein. or for the pament of the val#e thereof.
provi!e! that s#ch g#ests shall have notifie! in a!vance the
inn3eeper himself. or the person representing him. of the
!eposit of s#ch goo!s within the inn: an! shall f#rthermore
have followe! the !irections which s#ch inn3eeper or his
representative ma have given them with respect to the care
117
an! vigilance over s#ch goo!s1 No liabilit shall attach in case
of robber with violence against or intimi!ation of persons
#nless committe! b the inn3eeperGs emploees1
Elements of Par +)
1. #hat the innkeeper of the
establishment or his emplo$ee committed a violation of
municipal ordinance or some general or special police
regulation
2. A crime is committed in such
establishment
3. !erson criminall$ liable is insolvent
when all these are present, the innkeeper and the like are
subsidiaril$ liable
118
Elements of Par -)
1. guests notified in advance the innkeeper of the
deposit of such goods wCin the inn
2. guests followed the directions of the innkeeper wC
respect to the care and vigilance over the such goods
3. such goods of the guest lodging therein were taken b$
robber$ wC force upon things or theft
1hen all these are present, the innkeeper is subsidiaril$ liable
"o civil liabilit$ in case of robber$ wC violence against or
intimidation of person, unless committed b$ the innkeeper>s
emplo$ees
Actual deposit of the things of the guest to the innkeeper is not
necessar$, it is enough that the$ were within the inn.
'rt1 2B61 (#bsi!iar civil liabilit of other persons1 F The
s#bsi!iar liabilit establishe! in the ne%t
prece!ing article shall also appl to emploers. teachers.
persons. an! corporations engage! in an 3in! of in!#str for
felonies committe! b their servants. p#pils. wor3men.
apprentices. or emploees in the !ischarge of their !#ties1
2lements
a. emplo$er, teacher, person or corporation is engaged in an$ kind
of industr$
&ndustr$ an$ department or branch of art, occupation or
business3 especiall$ one wCc emplo$s so much labor and
capital is a distinct branch of trade
b. an$ of their servants, pupils, workmen, apprentices of emplo$ees
commits a felon$ while in the discharge of his duties
c. the said emplo$ee is insolvent and has not satisfied his civil
liabilit$
7ospitals are not engaged in industr$3 hence nit subsidiaril$
liable for acts of nurses
!rivate persons wCo business or industr$, not subsidiarill$ liable
'rt1 2B;1 ,hat is incl#!e! in civil liabilit1 F The civil
liabilit establishe! in 'rticles 2BB. 2B2. 2B7. an! 2B6 of this
Co!e incl#!es:
21 +estit#tion:
71 +eparation of the !amage ca#se!:
61 )n!emnification for conse"#ential !amages1
:irst remed$ granted b$ law is no. 1, in case this is not possible
no. 2.
&n either case, no. 3 ma$ be re(uired
,estitution in theft, the culprit is dut$ bound to return the
propert$ stolen
,eparation in case of inabilit$ to return the propert$ stolen, the
culprit must pa$ the value of the propert$ stolen.
&n case of ph$sical in'uries, the reparation of the damage cause
would consist in the pa$ment of hospital bills and doctor>s fees to
the offended part$
&ndemnification the lost of salar$ or earnings
119
-&L&/ /&A)&/&#&2. !2-D"&A,G /&A)&/&#&2.
&ncludes reparation and indemnification .ame
&ncludes restitution *return propert$ taken+, nothing
to pa$ in terms of mone$
"o restitution as the liabilities are to paid out of the
propert$ of the offender
"o fines and costs of proceedings &ncludes fines and costs of proceedings
120
'rt1 2B<1 +estit#tion1 F 0ow ma!e1 F The restit#tion of
the thing itself m#st be ma!e whenever possible. with
allowance for an !eterioration. or !imin#tion of val#e as
!etermine! b the co#rt1
The thing itself shall be restore!. even tho#gh it be fo#n! in the
possession of a thir! person who has ac"#ire! it b lawf#l
means. saving to the latter his action against the proper person.
who ma be liable to him1
This provision is not applicable in cases in which the thing has
been ac"#ire! b the thir! person in the manner an! #n!er the
re"#irements which. b law. bar an action for its recover1
#he convict cannot b$ wa$ of restitution, give to the offended
part$ a similar thing of the same amount, kind or species and
(ualit$. #he ver$ thing should be returned.
&f the propert$ stolen while in the possession of the third part$
suffers deterioration due to his fault, the court will assess the
amount of the deterioration and, in addition to the return of the
propert$, the culprit will be ordered to pa$ such amount
Aeneral ,ule% the owner of the propert$ illegall$ taken b$ the
offender can recover it from whomsoever is in possession
thereof. #hus, even if the propert$ stolen was ac(uired b$ a 3
rd
person b$ purchase wCo knowing that it has been stolen, such
propert$ will be returned to the owner.
&f the thing is ac(uired b$ a person knowing that it was stolen,
then he is an accessor$ and therefore criminall$ liable
#he third part$ who ac(uired the stolen propert$ ma$ be
reimbursed wC the price paid therefor if it be ac(uired at *a+ a
public sale and *b+ in good faith
-ircumstances which bar an action for recover$%
1. #orrens title
2. 1hen sale is authori4ed
1hen the liabilit$ to return a thing arises from a contract, not
from a criminal act, the court cannot order its return in the
criminal case.
,estitution ma$ be ordered, even if accused is ac(uitted,
provided the offense is proved and it is shown that the thing
belongs to someone else
1hen crime is not against propert$, no restitution or reparation of
the thing can be done
!a$ment of salar$ of an emplo$ee during the period of
suspension cannot, as a general rule, be properl$ decreed b$ the
court in a 'udgement of ac(uittal. &t devolves upon the head of
the department concerned
#he court has authorit$ to order the reinstatement of the accused
ac(uitted of a crime punishable b$ the penalt$ of perpetual or
temporar$ dis(ualification
'rt1 2B>1 +eparation1 F 0ow ma!e1 F The co#rt shall
!etermine the amo#nt of !amage. ta3ing into consi!eration the
price of the thing. whenever possible. an! its special
sentimental val#e to the in9#re! part. an! reparation shall be
ma!e accor!ingl1
Notes:
,eparation will be ordered b$ the court if restitution is not
possible
,eparation shall be
a+ the price of the thing
b+ its sentimental value
&f there is no evidence as to the value of the thing unrecovered,
reparation cannot be made
121
!a$ment b$ the insurance compan$ does not relive the offender
of his obligation to repair the damage caused
#he damages shall be limited to those caused b$ the crime
Accused is liable for the damages caused as a result of the
destruction of the propert$ after the crime was committed either
because it was lost or destro$ed b$ the accused himself or that
of an$ other person or as a result of an$ other cause or causes
'rt1 2B?1 )n!emnification F ,hat is incl#!e!1 F
)n!emnification for conse"#ential !amages shall incl#!e not
onl those ca#se! the in9#re! part. b#t also those s#ffere! b
his famil or b a thir! person b reason of the crime1
&ndemnit$ refers to crimes against persons3 reparation to crimes
against propert$
&ndemnit$ for medical services still unpaid ma$ be recovered
-ontributor$ negligence on the part of the offended part$
reduces the civil liabilit$ of the offender
#he civil liabilit$ ma$ be increased onl$ if it will not re(uired an
aggravation of the decision in the criminal case on wCc it is based
#he amount of damages for death shall be at least 5@,@@@, even
though there ma$ have been mitigating circumstances.
&n addition%
1. pa$ment for
the loss of the earning capacit$ of the deceased
2. if the
deceased was obliged to give support, the recipient who
is not an heir, ma$ demand support from the defendant
3. the spouse,
illegitimate and illegitimate descendants and ascendants
of the deceased ma$ demand for moral damages.
Moral damages ma$ be recovered in the ff%
1. ph$sical in'uries
2. seduction, abduction, rape
3. adulter$, concubinage
4. illegal or arbitrar$ detention
5. illegal search
=. libel, slander, defamation
H. malicious prosecution
2xemplar$ damages ma$ be imposed when the crime was
committed with one or more aggravating circumstances3 cannot
be recovered as a matter of right, the court will decide whether
the$ should be ad'udicated.
'rt1 2B@1 Obligation to ma3e restoration. reparation for
!amages. or in!emnification for conse"#ential !amages an!
actions to !eman! the same F /pon whom it !evolves1 F The
obligation to ma3e restoration or reparation for !amages an!
in!emnification for conse"#ential !amages !evolves #pon the
heirs of the person liable1
The action to !eman! restoration. reparation. an!
in!emnification li3ewise !escen!s to the heirs of the person
in9#re!1
#he heirs of the person liable has no obligation if restoration is
not possible and the deceased left no propert$
-ivil liabilit$ is possible onl$ when the offender dies after final
'udgement.
122
&f the death of the offender took place before an$ final 'udgement
of conviction was rendered against him, the action for restitution
must necessaril$ be dismissed.
'rt1 2B51 (hare of each person civill liable1 F )f there are
two or more persons civill liable for a felon. the co#rts shall
!etermine the amo#nt for which each m#st respon!1
&n case of insolvenc$ of the accomplices, the principal shall be
subsidiaril$ liable for their share of the indemnit$ and in case of the
insolvenc$ of the principal, the accomplices shall be subsidiaril$
liable, 'ointl$ and severall$ liable, for the indemnit$ due from said
principal
123
'rt1 22B1 (everal an! s#bsi!iar liabilit of principals.
accomplices an! accessories of a felon F Preference in
pament1 F Notwithstan!ing the provisions of the ne%t
prece!ing article. the principals. accomplices. an! accessories.
each within their respective class. shall be liable severall (in
soli!#m) among themselves for their "#otas. an! s#bsi!iaries
for those of the other persons liable1
The s#bsi!iar liabilit shall be enforce!. first against the
propert of the principals: ne%t. against that of the accomplices.
an!. lastl. against that of the accessories1
,henever the liabilit in soli!#m or the s#bsi!iar liabilit has
been enforce!. the person b whom pament has been ma!e
shall have a right of action against the others for the amo#nt of
their respective shares1
2xample% an indemnit$ of 1@@,@@@ has been sentenced, 5@,@@@
will go to the principal and 2@,@@@ to the accomplice
.ubsidiar$ liabilit$ will be enforced on%
1. first, against the propert$ of the principal
2. second, against that of the accomplice
3. third, against that of the accessories
'rt1 2221 Obligation to ma3e restit#tion in certain cases1
F 'n person who has participate! grat#ito#sl in the
procee!s of a felon shall be bo#n! to ma3e restit#tion in an
amo#nt e"#ivalent to the e%tent of s#ch participation1
"otes%
1. #his refers to a person who has participated gratuitousl$ in the
commission of a felon$ and he is bound to make restitution in an
amount e(uivalent to the extent of such participation
2. #he third person must be innocent of the commission of the
crime otherwise he would be liable as an accessor$ and this
article will appl$
'rt1 2271 E%tinction of civil liabilit1 F Civil liabilit
establishe! in 'rticles 2BB. 2B2. 2B7. an! 2B6 of this Co!e shall
be e%ting#ishe! in the same manner as obligations. in
accor!ance with the provisions of the Civil Law1
-ivil liabilit$ is extinguished b$%
1. pa$ment or performance
2. loss of the thing due
3. condonation or remission of the debt
4. confusion or merger of the rights of creditor and debtor
5. compensation
=. novation
0ther causes of extinguishment of obligations such as
annulment, rescission, fulfillment of a resolutor$ condition and
prescription are governed elsewhere in this code
-ivil liabilit$ ma$ arise from
1. -rime 8 ,!-
2. )reach of contract 8 --
3. #ortious act --
124
#he civil liabilit$ from an$ of these is extinguished b$ the same
causes enumerated above
#he accused shall still be liable for the pa$ment of the thing
stolen even if it is lost or destro$ed
'rt1 2261 Obligation to satisf civil liabilit1 F E%cept in
case of e%tinction of his civil liabilit as provi!e! in the ne%t
prece!ing article the offen!er shall contin#e to be oblige! to
satisf the civil liabilit res#lting from the crime committe! b
him. notwithstan!ing the fact that he has serve! his sentence
consisting of !eprivation of libert or other rights. or has not
been re"#ire! to serve the same b reason of
amnest. par!on. comm#tation of sentence or an other reason1
#otes)
Dnless extinguished, civil liabilit$ subsists even if the offender
has served sentence consisting of deprivation of libert$ or other
rights or has served the same, due to amnest$, pardon,
commutation of the sentence or an$ other reason.
Dnder the law as amended, even if the subsidiar$ imprisonment
is served for non8pa$ment of fines, this pecuniar$ liabilit$ of the
defendant is not extinguished.
while amnest$ wipes out all traces and vestiges of the crime, it
does not extinguish the civil liabilit$ of the offender. A pardon
shall in no case exempt the culprit from the pa$ment of the civil
indemnit$ imposed upon him b$ the sentence
probation affects onl$ the criminal aspect of the crime.
125