Criminal Law Book I

San Beda College of Law 1
MEMORY AID IN CRIMINAL LAW

BOOK ONE
CRIMINAL LAW - that branch or division
of law which defines crimes, treats of
their nature and provides for their
punishment.
CHARACTERISTICS OF CRIMINAL LAW
1. GENERAL - it is binding on all
persons who live or sojourn in the
Philippine territory (Art. 14, !!"
EXCEPTIONS:
a" #reaty stipulations
b" $aws of preferential application
c" Principles of Public %nternational
$aw.
The following persons are
exempted:
a. &overeigns and other
chief of state
b. Ambassadors,ministers,
plenipotentiary, minister
resident and charges
d'affaires.
!onsuls, vice-consuls and other
commercial representatives of
foreign nation cannot claim the
privileges and immunities accorded
to ambassadors and ministers.
2. TERRITORIAL penal laws of the
Philippines are enforceable only
within its territory.
EXCEPTIONS: (Art. (, )P!" i.e.,
enforceable even outside
Philippine territory.
1" *ffense committed while on a
Philippine ship or airship
(" +orging or counterfeiting any
coin or currency note of the
Philippines or obligations and
securities issued by the
,overnment.
3) %ntroduction into the country of
the above-mentioned obligations
and securities.
4" -hile being public officers or
employees should commit an
offense in the e.ercise of their
functions.
/" &hould commit any of the crimes
against national security and the
law of nations defined in #itle
*ne of 0oo1 #wo.
EXCEPTION TO THE EXCEPTION:
Penal laws not applicable within
or without Philippine territory if so
provided in treaties and laws of
preferential application. (Art.(, )P!"
2. PROSPECTIVE
GENERAL RULE3 Penal laws cannot
ma1e an act punishable in a manner
in which it was not punishable when
committed.
EXCEPTION: (it may be applied
retroactively" -hen the new law is
favorable to the accused.
EXCEPTION TO THE EXCEPTION
a" #he new law is e.pressly
made inapplicable to pending
actions or e.isting causes of
actions.
b" *ffender is a habitual
criminal.

LIMITATIONS ON THE POWER OF
CONGRESS TO ENACT PENAL LAWS:
1. o e. post facto law shall be
enacted
(. o bill of attainder shall be enacted
2. o law that violates e4ual protection
clause of the constitution shall be
enacted
4. o law which imposes cruel and
unusual punishments nor e.cessive
fines shall be enacted.
THEORIES IN CRIMINAL LAW
1. !lassical #heory - basis of
criminal liability is human free will.
5nder this theory, the purpose of
penalty is retribution. #he )P! is
generally governed by this theory.
2. Positivist #heory 6 basis of
criminal liability is the sum of the
social and economic phenomena to
which the actor is e.posed wherein
prevention and correction is the
purpose of penalty. #his theory is
e.emplified in the provisions
regarding impossible crimes and
habitual delin4uency.
CRIMINAL LAW COMMITTEE
CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao, Alert Rodri!uez, Claro
Re!ino Sa"#a!a, $izelle %ou Caahu!, Mar& 'aren (uizon, %eo San )uan, Ma* +i,toria -a"ao, R&an %ita, .a&ani
.rillante, )r*
2 2005 CENTRALIZED BAR OPERATIONS

3. 7clectic or 8i.ed #heory 6
combination of positivist and
classical thin1ing wherein crimes
that are economic and social in
nature should be dealt in a positive
manner9 thus, the law is more
compassionate.
PRELIMINARY TITLE
ART. 2 APPLICATION OF ITS
PROVISIONS
RULES ON VESSELS:
1." Philippine vessel or aircraft.
8ust be understood as that which is
registered in the Philippine 0ureau
of !ustoms.
(." *n +oreign 8erchant :essels
ENGLISH RULE: !rimes committed
aboard a vessel within the territorial
waters of a country are r!a"#e in
the courts of such country.
7;!7P#%*3 -hen the crimes merely
affect things within the vessel or
when they only refer to the internal
management thereof.
FRENCH RULE:
,77)A$ )5$73 !rimes committed
aboard vessel within the territorial
waters of a country are $% r!a"#e
in the courts of said country.
7;!7P#%*3 -hen their commission
affects the peace and security of the
territory or when the safety of the
state is endangered.
%n the Philippines, we follow the
7nglish )ule.
%n the case of a foreign warship, the
same is not subject to territorial
laws.
TITLE ONE: FELONIES AN&
CIRCUMSTANCES WHICH AFFECT
CRIMINAL LIABILITY
C'a(er O$e: Fe#%$!e) *Ar). +-,-.
ART. + FELONIES
Fe#%$!e) 6 are acts or omissions
punishable by the )P!.
ELEMENTS OF FELONIES *GENERAL.
1. there must be an act or omission ie,
there must be e.ternal acts.
(. the act or omission must be
punishable by the )P!.
2. the act is performed or the omission
incurred by means of dolo or culpa.
/NULLUM CRIMEN0 NULLA POENA SINE
LEGE1 - there is no crime where there is
no law punishing it.
CLASSIFICATION OF FELONIES
ACCOR&ING TO THE MEANS BY WHICH
THEY ARE COMMITTE&:
1. I$e$!%$a# Fe#%$!e) the act is
performed with deliberate intent or
malice.
Re23!)!e) %4 &OLO %r MALICE3
a. +reedom
b. %ntelligence
c. !riminal %ntent
M!)a5e %4 Fa6 6 is a misapprehension of
fact on the part of the person causing
injury to another. &uch person is not
criminally liable as he acted without
criminal intent.
Re23!)!e) %4 7!)a5e %4 4a6 a)
a 8e4e$)e:
a. #hat the act done would
have been lawful had the facts been
as the accused believed them to be.
b. #hat the intention of the
accused in performing the act should
be lawful.
c. #hat the mista1e must
be without fault or carelessness on
the part of the accused.
2. C3#(a"#e Fe#%$!e) - performed
without malice.
Re23!)!e) %4 CULPA:
a. +reedom
b. %ntelligence
c. egligence and %mprudence
2005 CENTRALIZED BAR OPERATIONS EEC!TI"E COMMITTEE AND S!B#ECT
C$AIRPERSONS
Ma%&'el A(a%en)o* /Over0all Chair#erson1, Ronald #al+an,a% /Over0all +i,e Chair1, Yolanda
Tolen)&no/+C0A,ads1, )enn&fe% Ang/+C0 Se,retariat1, #o- Ind.')&/o /+C02inan,e1, Ela&ne Ma*.0a) /+C0
EDP1, Anna Ma%ga%&)a E%e* /+C0%o!isti,s1 #ona)1an
Mang.nda-ao /Politi,al %a31, 2%an'&* Bened&') Reo).)a% /%aor %a31, Ro+.ald Pad&lla /Civil %a31,
C1a%+a&ne To%%e* /Ta4ation %a31, Ma%0 Da/&d Ma%)&ne, /Cri"inal %a31, 3a%n- L.&*a Aleg%e /Co""er,ial
%a31, #&n0- Ann !- /Re"edial %a31, #a'0&e Lo. Ba.)&*)a /%e!al Ethi,s1
)7A&* +*) P5&<%,
A!#& *+ 7,$%,7!73 A man must
use common sense and e.ercise due
reflection in all his acts9 it is his duty
to be cautious, careful and prudent.
Ma#a Pr%'!"!a - the class of crimes
punishable by &P7!%A$ $A-& and where
criminal intent is not, as a rule,
necessary, it being sufficient that the
offender has the intent to perpetrate the
act prohibited by the special law.
MALA IN SE 9). MALA PROHIBITA
MALA IN SE
MALA
PROHIBITA
1. As to
moral
trait of
the
offender
#he moral trait
is considered.
$iability will
arise only when
there is dolo or
culpa.
#he moral
trait of the
offender is not
considered. %t
is enough that
the prohibited
act was
voluntarily
done.
(. As to
use of
good
faith as
a
defense
,ood faith or
lac1 of criminal
intent is a valid
defense9 unless
the crime is the
result of culpa.
,ood faith is
not a defense.
2. As to
degree
of
accom-
plish-
ment of
the
crime
#he degree of
accomplishment
of the crime is
ta1en into
account in
punishing the
offender.
#he act gives
rise to a crime
only when it is
consummated.
4. As to
mitigati
ng and
aggravat
ing
circum-
stances
8itigating and
aggravating
circumstances
are ta1en into
account in
imposing the
penalty.
8itigating and
aggravating
circumstances
are generally
not ta1en into
account.
/. As to
degree
of
partici-
pation
-hen there is
more than one
offender, the
degree of
participation of
each in the
commission of
the crime is
ta1en into
account.
=egree of
participation is
generally not
ta1en into
account. All
who
participated in
the act are
punished to
the same
e.tent.
>. As to
what
laws are
violated
:iolation of the
)P! (,eneral
rule"
:iolation of
&pecial $aws
(,eneral rule"
I$e$ 8!)!$:3!)'e8 4r%7 M%!9e
INTENT MOTIVE
1. %s the purpose to
use a particular
means to effect
such result
1. %s the moving
power which impels
one to act
(. %s an element of
the crime, e.cept in
unintentional
felonies (culpable"
(. %s *# an
element of the
crime
2. %s essential in
intentional felonies
2. %s essential only
when the identity of
the perpetrator is in
doubt
ART. ; CRIMINAL LIABILITY
PAR. , - Cr!7!$a# L!a"!#!< 4%r a 4e#%$<
8!44ere$ 4r%7 'a !$e$8e8 % "e
6%77!e8
RE=UISITES:
a" #hat an intentional felony has been
committed.
b" #hat the wrong done to the
aggrieved party be the direct,
natural and logical conse4uence of
the felony committed.
PROXIMATE CAUSE 6 that cause, which,
in the natural and continuous se4uence,
unbro1en by any efficient intervening
cause, produces the injury without which
the result would not have occurred.
T'3)0 'e (er)%$ !) )!## 6r!7!$a##<
#!a"#e !$:
1. 7rror in personae- mista1e in the
identity of the victim.
(. Abberatio ictus 6 mista1e in the
blow.
.rillante, )r*

2. Praeter intentionem 6 lac1 of intent
to commit so grave a wrong.
PAR. 2 *IMPOSSIBLE CRIME.
RE=UISITES:
a" #hat the act performed would be an
offense against persons or property.
b" #hat the act was done with evil
intent.
c" #hat its accomplishment is
inherently impossible, or that the
means employed is either
inade4uate or ineffectual.
d" #hat the act performed should not
constitute a violation of another
provision of the )P!.
ART. > CONSUMMATE&0
FRUSTRATE& ? ATTEMPTE&
FELONIES
STAGES OF EXECUTION:
CONSUMMATE& FELONY
-hen all the elements necessary for
its e.ecution and accomplishment
are present.
1. FRUSTRATE& FELONY
ELEMENTS:
a" #he offender performs all the acts of
e.ecution.
b" All the acts performed would
produce the felony as a
conse4uence.
c" 0ut the felony is not produced.
d" 0y the reason of causes independent
of the will of the perpetrator.
WHAT CRIMES &O NOT A&MIT OF
FRUSTRATE& STAGE@
1" )ape
(" 0ribery
2" !orruption of Public *fficers
4" Adultery
/" Physical %njury
(. ATTEMPTE& FELONY
ELEMENTS:
a" #he offender commences the
commission of the felony directly by
overt acts.
b" <e does not perform all the acts of
e.ecution which should produce the
felony.
c) #he offender's acts are not stopped
by his own spontaneous desistance.
&ESISTANCE - is an absolutory cause
which negates criminal liability because
the law encourages a person to desist
from committing a crime.
- this is applicable only in
the attempted stage.
OVERT ACTS 6 &ome physical activity or
deed, indicating intention to commit a
particular crime, more than a mere
planning or preparation, which if carried
to its complete termination following its
natural course, without being frustrated
by e.ternal obstacles, nor by voluntary
desistance of the perpetrator will
logically ripen into a concrete offense.
IN&ETERMINATE OFFENSE3 *ne where
the purpose of the offender in
performing an act is not certain. #he
accused maybe convicted for a felony
defined by the acts performed by him up
to the time of desistance.
2 STAGES IN THE &EVELOPMENT OF A
CRIME:
1" %nternal acts
&uch as mere ideas in the mind
of person.
ot punishable.
(" 7.ternal acts cover3
a) Preparatory acts - ordinarily not
punished e.cept when
considered by law as
independent crimes (e.g. Art.
2?4, Possession of pic1loc1s and
similar tools"
b" Acts of 7.ecution - punishable
under the )P!
ART. A LIGHT FELONIES
$ight +elonies are punishable only
when they have been consummated
7;!7P#3 %f committed against
persons or property, punishable even
if not consummated.
C$AIRPERSONS
*nly principals and accomplices are
liable, accessories are not liable
even if committed against persons or
property.
ART. B CONSPIRACY AN&
PROPOSAL TO COMMIT FELONY
RE=UISITES OF CONSPIRACY
1. #hat ( or more persons came to an
agreement.
(. #hat the agreement pertains to the
commission of a felony.
2. #hat the e.ecution of the felony was
decided upon.
2 CONCEPTS OF CONSPIRACY
1. !onspiracy as a crime by itself.
7;A8P$73 conspiracy to commit
rebellion or insurrection, treason,
sedition.
(. !onspiracy as a means of committing
a crime
a) #here is a previous and express
agreement9
b) #he participants acted in concert
or simultaneously which is
indicative of a meeting of the
minds towards a common
criminal objective. #here is an
implied agreement.
GENERAL RULE3 8ere conspiracy or
proposal to commit a felony is not
punishable since they are only
preparatory acts
EXCEPTION: in cases in which the law
specially provides a penalty therefor,
such as in treason, coup detat, and
rebellion or insurrection
/T'e a6 %4 %$e !) 'e a6 %4 a##1
GENERAL RULE: -hen conspiracy is
established, all who participated
therein, irrespective of the 4uantity or
4uality of his participation is liable
e4ually, whether conspiracy is pre-
planned or instantaneous. EXCEPTION:
5nless one or some of the conspirators
committed some other crime which is
not part of the intended crime.
EXCEPTION TO THE EXCEPTION: -hen
the act constitutes a @single indivisible
offenseA.
!onspiracy may be
inferred when two or more persons
proceed to perform overt acts
towards the accomplishment of the
same felonious objective, with each
doing his act, so that their acts
though seemingly independent were
in fact connected, showing a
common design.
#hese overt acts must
consist of3
- active participation in the actual
commission of the crime itself, or
- moral assistance to his co-
conspirators by being present at the
time of the commission of the crime,
or
- e.erting a moral ascendance over
the other co-conspirators by moving
them to e.ecute or implement the
criminal plan (PEOPLE vs. A!T" et
al." #$ %o. &'()*&" April +," +**'-
RE=UISITES OF PROPOSAL:
1. #hat a person has decided to commit
a felony9 and
2. #hat he proposes its execution to
some other person or persons.
ART. C CLASSIFICATION OF
FELONIES ACCOR&ING TO GRAVITY
I7(%ra$6e %4 C#a))!4!6a!%$
1. #o determine whether these felonies
can be comple.ed or not.
(. #o determine the prescription of the
crime and the prescription of the
penalty.
Gra9e 4e#%$!e) 6 are those to which the
law attaches the capital punishment or
penalties which in any of their periods
are afflictive, in accordance with Art. (/
of the !ode.
Le)) :ra9e 4e#%$!e) 6 are those which
the law punishes with penalties which in
their ma.imum period are correctional,
in accordance with Art. (/ of the !ode.
L!:' 4e#%$!e) 6 are those infractions of
law for the commission of which the
.rillante, )r*

penalty of arresto menor or a fine not
e.ceeding (?? pesos, or both, is
provided.
ART. ,- OFFENSES NOT SUBDECT
TO THE PROVISIONS OF THE RPC
GENERAL RULE: )P! provisions are
supplementary to special laws.
EXCEPTION:
1. -here the special law provides
otherwise9 and
(. -hen the provisions of the )P! are
impossible of application, either by
e.press provision or by necessary
implication.
#hus, when the special law adopts the
penalties imposed in the )P!, such as
reclusi.n perpetua or reclusi.n
temporal, the provisions of the )P! on
imposition of penalties based on stage of
e.ecution, degree of participation, and
attendance of mitigating and aggravating
circumstances may be applied by
necessary implication.
C'a(er TE%: D3)!4<!$: C!r637)a$6e)
a$8 C!r637)a$6e) W'!6' EFe7( 4r%7
Cr!7!$a# L!a"!#!< *Ar). ,,-,2.

ART. ,,. DUSTIFYING
CIRCUMSTANCES
DUSTIFYING CIRCUMSTANCES 6 are those
where the act of a person is said to be in
accordance with law, so that such person
is deemed not to have transgressed the
law and is free from both criminal and
civil liability. #here is no civil liability,
e.cept in par. 4 of Art. 11, where the
civil liability is borne by the persons
benefited by the act.
,. SELF- &EFENSE
RE=UISITES:
a) !nlawful aggression (condition sine
4ua non"9
b) $easona/le necessit0 of the means
employed to prevent or repel it9 and
c) Lac1 of sufficient provocation on the
part of the person defending
himself.
UNLAWFUL AGGRESSION
- is e4uivalent to an actual
physical assault or, at least
- threatened assault of an
immediate and imminent 1ind which is
offensive and positively strong, showing
the wrongful intent to cause injury.
TEST OF REASONABLENESS the means
employed depends upon the nature and
4uality of the (1" weapon used by the
aggressor, and ((" his physical condition,
character, siBe and other circumstances,
(2" and those of the person defending
himself, (4" and also the place and
occasion of the assault.
Perfect e4uality between the
weapons used by the one defending
himself and that of the aggressor is
not re4uired, nor material
commensurability between the
means of attac1 and defense.
)7A&*3 0ecause the person
assaulted does not have sufficient
tran4uility of mind to thin1 and to
calculate.
R!:') !$6#38e8 !$ )e#4-8e4e$)e:
&elf-defense includes not only the
defense of the person or body of the one
assaulted but also that of his rights, the
enjoyment of which is protected by law.
#hus, it includes3
1. #he right to honor. <ence, a slap on
the face is considered as unlawful
aggression directed against the
honor of the actor (People vs. 2a/io"
&3 24$A 3*&-.
2. #he defense of property rights, only
if there is also an actual and
imminent danger on the person of
the one defending ( People vs
%arvae5" &+& 24$A '63-.
C$AIRPERSONS
/Sa$8 :r%3$8 E'e$ !$ 'e r!:'1 - the
law does not re4uire a person to retreat
when his assailant is rapidly advancing
upon him with a deadly weapon.
5nder Re(3"#!6 A6 C2>2, 1nown as the
A$!- V!%#e$6e a:a!$) W%7e$ a$8 'e!r
C'!#8re$ A6 %4 2--;3
:ictim-survivors who are found
by the courts to be suffering from
0attered -oman &yndrome do not incur
an0 criminal or civil lia/ilit0
notwithstanding the absence of any of
the elements for justifying
circumstances of self-defense under the
)P!. (2ec. +)" $.A. %o. 3+)+- #he law
provides for an additional justifying
circumstance.
0attered -oman &yndrome 6
refers to a scientifically defined pattern
of psychological and behavioral
symptoms found in women living in
battering relationships as a result of
cumulative abuse.
0attery 6 refers to any act of
inflicting physical harm upon the woman
or her child resulting to physical and
psychological or emotional distress.
2. &EFENSE OF RELATIVES
RE=UISITES:
1. 5nlawful Aggression9
(. )easonable necessity of the
means employed to prevent or
repel it9 and
2. %n case the provocation was
given by the person attac1ed,
the one ma1ing the defense had
no part therein.
RELATIVES THAT CAN BE &EFEN&E&:
1. &pouse
(. Ascendants
2. =escendants
4. $egitimate, natural or adopted
brothers and sisters, or relatives by
affinity in the same degrees.
/. )elatives by consanguinity within the
fourth civil degree.
+. &EFENSE OF STRANGER
RE=UISITES:
1. 5nlawful Aggression9
(. )easonable necessity of the means
employed to prevent or repel it9 and
2. #he person defending be not induced
by revenge, resentment or other evil
motive.
;. AVOI&ANCE OF GREATER EVIL OR
INDURY
RE=UISITES:
1. #hat the evil sought to be avoided
actually e.ists3
(. #hat the injury feared be greater
than that done to avoid it9 and
2. #here be no other practical and
less harmful means of preventing
it.
o civil liability e.cept when there is
another person benefited in which
case the latter is the one liable.
,reater evil must not be brought
about by the negligence or
imprudence or violation of law by
the actor.
G. FULFILLMENT OF &UTYH OR LAWFUL
EXERCISE OF RIGHT OR OFFICE.
RE=UISITES:
1. #hat the accused acted in the
performance of a duty or in the
lawful e.ercise of a right or
office9
(. #hat the injury caused or the
offense committed be the
necessary conse4uence of the
due performance of duty or the
lawful e.ercise of such right or
office.
>. OBE&IENCE TO AN OR&ER ISSUE&
FOR SOME LAWFUL PURPOSE.
RE=UISITES:
1. #hat an order has been issued by a
superior.
(. #hat such order must be for some
lawful purpose
2. #hat the means used by the
subordinate to carry out said order
is lawful.
&ubordinate is not liable for carrying
out an illegal order if he is not aware
.rillante, )r*

of its illegality and he is not
negligent.
ART. ,2. EXEMPTING
CIRCUMSTANCES
EFe7(!$: C!r637)a$6e) *%r 'e
6!r637)a$6e) 4%r $%$-!7(3a"!#!<.
are those grounds for e.emption from
punishment, because there is wanting in
the agent of the crime any of the
conditions which ma1es the act
voluntary, or negligent.
BASIS:
#he e.emption 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.
DUSTIFYING
CIRCUMSTANCE
EXEMPTING
CIRCUMSTANCE
1. %t affects the act
not the actor.
1. %t affects the actor
not the act.
(. #he act is
considered to have
been done within the
bounds of law9
hence, legitimate
and lawful in the
eyes of the law.
(. #he act
complained of is
actually wrongful,
but the actor is not
liable.
2. &ince the act is
considered lawful,
there is no crime.
2. &ince the act
complained of is
actually wrong there
is a crime but since
the actor acted
without
voluntariness, there
is no dolo nor culpa
4. &ince there is no
crime, nor a
criminal, there is
also no criminal or
civil liability. (e.cept
Art. 11, par. 4"
4. &ince there is a
crime committed
though there is no
criminal, there is
civil liability.
,. IMBECILITY OR INSANITY
Insanity or imbecility e.ists when there
is a complete deprivation of intelligence
or freedom of the will.
An insane person is not so e.empt if
it can be shown that he acted during
a lucid interval. 0ut an imbecile is
e.empt in all cases from criminal
liability.
TWO TESTS OF INSANITY:
1. #est of !*,%#%* 6 complete
deprivation of intelligence in
committing the crime.
(. #est of :*$%#%* 6 total
deprivation of freedom of will.
#he defense must prove
that the accused was insane at the
time of the commission of the crime
because the presumption is always in
favor of sanity.
%nsanity e.ists when
there is a complete deprivation of
intelligence in committing the act.
8ere abnormality of the mental
faculties will not e.clude
imputability. #he accused must be
Cso insane as to be incapable of
entertaining criminal intent.C <e
must be deprived of reason and
acting without the least discernment
because there is a complete absence
of the power to discern or a total
deprivation of freedom of the will.
(PEOPLE vs. A%TO%7O" #$ %o.
&,,+))" %ovem/er +(" +**+-
2. PERSON UN&ER NINE YEARS OF AGE
An infant under the age of nine years
is absolutely and conclusively
presumed to be incapable of
committing a crime.
#he phrase @under nine yearsA
should be construed @nine years or
lessA
+. PERSON OVER NINE YEARS OF AGE
AN& UN&ER ,G ACTING WITHOUT
&ISCERNMENT.
8ust have acted without
discernment.
&ISCERNMENT 6 mental capacity to fully
appreciate the conse4uences of an
unlawful act.
&!)6er$7e$ 7a<"e )'%E$ "<:
C$AIRPERSONS
a" #he manner the crime was
committed3 or
b" #he conduct of the offender after its
commission.
;. ACCI&ENT WITHOUT FAULT OR
INTENTION OF CAUSING IT
0asis3 $ac1 of negligence or intent.
ELEMENTS:
1. A person is performing a lawful act9
(. -ith due care9
2. <e causes injury to another by mere
accident9
4. -ithout fault or intention of causing
it.
G. A PERSON WHO ACTS UN&ER THE
COMPULSION OF AN IRRESISTABLE
FORCE
ELEMENTS:
1. #hat the compulsion is by means
of physical force.
(. #hat the physical force must be
irresistable.
2. #hat the physical force must
come from a third person.
0asis3 complete absence of freedom
or voluntariness.
#he force must be so irresistable as
to reduce the actor to a mere
instrument who act not only without
will but against his will.
>. UNCONTROLLABLE FEAR
ELEMENTS:
1. #hat the threat which causes the
fear is of an evil greater than, or at
least e4ual to, that which he is
re4uired to commit9
(. #hat it promises an evil of such
gravity and imminence that the
ordinary man would have succumbed
to it.

=uress as a valid defense should be
based on real, imminent, or
reasonable fear for one's life or limb
and should not be speculative,
fanciful, or remote fear.
/ACTUS ME INVITO FACTUS NON
EST MEUS ACTUS1 6 An act done by
me against my will is not my act.

7. INSUPERABLE CAUSE.
INSUPERABLE CAUSE 6 some motive
which has lawfully, morally or physically
prevented a person to do what the law
commands.
ELEMENTS:
1. #hat an act is re4uired by law to be
done.
(. #hat a person fails to perform such
act.
2. #hat his failure to perform such act
was due to some lawful or
insuperable cause.
EFa7(#e):
a. #he municipal president detained
the offended party for three days
because to ta1e him to the nearest
justice of the peace re4uired a
journey for three days by boat as
there was no other means of
transportation. (!2 vs. 8icentillo" &3
Phil. &&6-
#he distance which re4uired a
journey for three days was
considered an insuperable cause.
ote3 5nder the law, the person
arrested must be delivered to the
nearest judicial authority at most
within 1D hours (now 2> hours, Art.
1(/ )P!"9 otherwise, the public
officer will be liable for arbitrary
detention.
b. A mother who at the time of
childbirth was overcome by severe
diBBiness and e.treme debility, and
left the child in a thic1et were said
child died, is not liable for
infanticide because it was physically
impossible for her to ta1e home the
child. (People vs. andian" )' Phil.
9'*-.
#he severe diBBiness and
e.treme debility of the woman
constitute an insuperable cause.
.rillante, )r*

ABSOLUTORY CAUSES - are those where
the act committed is a crime but for
reasons of public policy and sentiment,
there is no penalty imposed.
O'er a")%#3%r< 6a3)e):
1. &pontaneous desistance (Art. >"
(. Accessories who are e.empt from
criminal liability (Art. (?"
2. =eath or physical injuries inflicted
under e.ceptional circumstances
(Art. (4E"
4. Persons e.empt from criminal
liability for theft, swindling and
malicious mischief (Art. 22("
/. %nstigation
7ntrapment is *# an absolutory
cause. A /u0:/ust operation
conducted in connection with illegal
drug-related offenses is a form of
entrapment.
ENTRAPMENT INSTIGATION
1. -ays and
means are
resorted to for the
capture of
lawbrea1er in the
e.ecution of his
criminal plan.
1. %nstigator
induces the would-
be accused to
commit the crime,
hence he becomes a
co-principal.
(. not a bar to
the prosecution
and conviction of
the lawbrea1er
(. it will result in
the ac4uittal of the
accused.
C'a(er T'ree: C!r637)a$6e) W'!6'
M!!:ae Cr!7!$a# L!a"!#!<
ART.,+ MITIGATING CIRCUMSTANCES
MITIGATING CIRCUMSTANCES 6 those
which if present in the commission of
the crime, do not entirely free the actor
from criminal liability but serve only to
reduce the penalty.
*ne single fact cannot be made
the basis of more than one
mitigating circumstance. <ence, a
mitigating circumstance arising from
a single fact, absorbs all the other
mitigating circumstances arising
from the same fact.
BASIS : =iminution of either freedom of
action intelligence or intent or on the
lesser perversity of the offender.
CLASSES OR&INARY PRIVILEGE&
&ource &ubsections
1-1? of Art.
12 ()P!"
Arts. >D, >F
and >4 of
)P!
As to the
effect
%f not offset
(by an
aggravating
circumstanc
e" it will
operate to
have the
penalty
imposed at
its minimum
period,
provided the
penalty is a
divisible one
%t operates
to reduce
the penalty
by one to
two degrees
depending
upon what
the law
provides
As to offset 8ay be
offset by
aggravating
circums-
tance
!annot be
offset
,. INCOMPLETE DUSTIFYING OR
EXEMPTING CIRCUMSTANCES
Applies, when all the re4uisites
necessary to justify the act are not
attendant.
0ut in the case of @incomplete self-
defense, defense of relatives, and
defense of a strangerA, unlawful
aggression must be present, it being
an indispensable re4uisite.
2. UN&ER ,B0 OR OVER A- YEARS OL&
%t is the age of the accused at the
time of the commission of the crime
which should be determined. <is
age at the time of the trial is
immaterial.
Le:a# e44e6) %4 9ar!%3) a:e) %4
%44e$8er
1. ine (F" years of age and below 6
e.empting circumstance. (Art. 1(,
par. ("
C$AIRPERSONS
2. *ver F but not more than 1/ 6
e.empting unless, he acted with
discernment in which case penalty
is reduced to at least two (("
degrees lower than that imposed.
(Art. 1(, par. 29 Art. >D, par. 1"
3. Above 1/ but under 1D - regardless
of discernment, penalty is reduced
by one (1" degree lower than that
imposed. (Art. >D par. ("
4. 8inor delin4uent under 1D years of
age, sentence suspended (Art. 1F(,
P= >?2 as amended by P= 11EF"
/. 1D years or over 6 full criminal
responsibility.
>. E? years or over 6 mitigating, no
imposition of death penalty9 if
already imposed, e.ecution of
death penalty is suspended and
commuted.
0A&%&3 diminution of intelligence
+. NO INTENTION TO COMMIT SO
GRAVE A WRONG
R3#e 4%r 'e a((#!6a!%$:
!an be ta1en into account only when the
facts proven show that there is a notable
and evident disproportion between the
means employed to e.ecute the criminal
act and its conse4uences.

%ntention may be ascertained by
considering3
a" the weapon used
b" the part of the body injured
c" the injury inflicted
0A&%& 3 intent is diminished
;. PROVOCATION OR THREAT
PROVOCATION 6 any unjust or improper
conduct or act of the offended party,
capable of e.citing, inciting or irritating
any one.
RE=UISITES:
1. #he provocation must be sufficient.
(. %t must originate from the offended
party.
2. #he provocation must be immediate
to the commission of the crime by
the person who is provo1ed.
#he threat should not be offensive
and positively strong. *therwise,
the threat to inflict real injury is an
unlawful aggression, which may give
rise to self-defense.
G. VIN&ICATION OF GRAVE OFFENSE
RE=UISITES:
1. #hat there be a grave offense done
to the one committing the felony,
his spouse, ascendants9
descendants, legitimate, natural or
adopted brothers or sisters or
relatives by affinity within the same
degrees9
2. #hat the felony is committed in
immediate vindication of such grave
offense.
@%mmediateA allows for a lapse of
time unli1e in sufficient provocation,
as long as the offender is still
suffering from the mental agony
brought about by the offense to him.
PROVOCATION VIN&ICATION
1. %t is made
directly only to the
person committing
the felony.
1. #he grave
offense may be
committed also
against the
offender's relatives
mentioned by law.
(. #he cause that
brought about the
provocation need
not be a grave
offense.
(. #he offended
party must have
done a grave
offense to the
offender or his
relatives mentioned
by law.
2. %t is necessary
that the provocation
or threat
immediately
preceded the act.
2. #he vindication
of the grave offense
may be pro.imate,
which admits of an
%#7):A$ of time.
G. PASSION OR OBFUSCATION
I re23!re) 'a3
1. #he accused acted upon an impulse.
(. #he impulse must be so powerful
that it naturally produced passion or
obfuscation in him.
RE=UISITES:
.rillante, )r*

1. #hat there be an act, both unlawful
and sufficient to produce such a
condition of mind9
(. #hat said act which produced the
obfuscation was not far removed
from the commission of the crime by
a considerable length of time, during
which the perpetrator might recover
his normal e4uanimity.
A mitigating circumstance only when
the same arose from lawful
sentiments.
0A&%&3 $oss of reasoning and self-
control, thereby diminishing the
e.ercise of his will power.
WHEN PASSION OR OBFUSCATION NOT
MITIGATING: W'e$ 6%77!e8:
1. %n the spirit of lawlessness, or
2. %n a spirit of revenge
PASSIONI
OBFUSCATION
PROVOCATION
- produced by an
impulse which may
be caused by
provocation
- the provocation
comes from the
injured party.
- the offense need
not be immediate. %t
is only re4uired that
the influence thereof
lasts until the
moment the crime is
committed
-must immediately
precede the
commission of the
crime.
A. SURREN&ER AN& CONFESSION OF
GUILT
RE=UISITES OF VOLUNTARY
SURREN&ER:
1. #hat the offender had not been
actually arrested9
(. #hat the offender surrendered
himself to a person in authority or to
the latter's agent9
2. #hat the surrender was voluntary.
WHEN SURREN&ER VOLUNTARY
A surrender to be voluntary must be
spontaneous, showing the intent of the
accused to submit himself
unconditionally to the authorities, either
because3
1. he ac1nowledges his guilt9 or
(. he wishes to save them the trouble
and e.pense necessarily incurred in
his search and capture.
RE=UISITES OF VOLUNTARY PLEA OF
GUILTY:
1. #hat the offender spontaneously
confessed his guilt.
(. #hat the confession of guilt was
made in open court, that is, before
the competent court that is to try
the case9 and
2. #hat the confession of guilt was
made prior to the presentation of
evidence for the prosecution.
0A&%&3 lesser perversity of the
offender.
B. PHYSICAL &EFECT OF OFFEN&ER

-hen the offender is deaf and
dumb, blind or otherwise suffering
from some physical defect,
restricting his means of action,
defense or communication with
others.
#he physical defect must relate to
the offense committed.
0A&%&3 diminution of element of
voluntariness.
C. ILLNESS OF THE OFFEN&ER
RE=UISITES:
1. #hat the illness of the offender
must diminish the e.ercise of his
will-power.
(. #hat such illness should not deprive
the offender of consciousness of his
acts.
%ncludes illness of the mind not
amounting to insanity.
0A&%&3 diminution of intelligence and
intent.
,-. SIMILAR AN& ANALOGOUS
CIRCUMSTANCES
C$AIRPERSONS
EXAMPLES:
1" %mpulse of jealousy, similar
to passion and obfuscation.
(" #estifying for the
prosecution, analogous to plea of
guilty
C'a(er F%3r: C!r637)a$6e) E'!6'
A::ra9ae Cr!7!$a# L!a"!#!< *Ar. ,;.
A::ra9a!$: 6!r637)a$6e) 6 are those
which, if attendant in the commission of
the crime, serve to have the penalty
imposed in its ma.imum period provided
by law for the offense or change the
nature of the crime.
BASIS:
#hey are based on the greater perversity
of the offender manifested in the
commission of the felony as shown by3
1. the motivating power itself,
(. the place of the commission,
2. the means and ways employed
4. the time, or
/. the personal circumstances of the
offender, or the offended party.
KIN&S OF AGGRAVATING
CIRCUMSTANCES:
1. ,eneric 6 those which apply to all
crimes, such as3
a" Advantage ta1en of public
position9
b" !ontempt or insult of public
authorities9
c" !rime committed in the dwelling
of the offended party9
d" Abuse of confidence or obvious
ungratefulness9
e" Place where crime is committed9
f" ighttime, uninhabited place, or
band9
g" )ecidivism (reincidencia"9
h" <abituality (reiteracion"9
i" !raft, fraud or disguise9
j" 5nlawful entry9
1" 0rea1ing of parts of the house9
l" 5se of persons under 1/ years of
age.
(. &pecific 6 those which apply only to
specific crimes, such as ignominy in
crimes against chastity and cruelty
and treachery which are applicable
only to crimes against persons.
a" =isregard of ran1, age or se. due
the offended party9
b" Abuse of superior strength or
means be employed to wea1en
the defense9
c" #reachery (alevosia"9
d" %gnominy9
e" !ruelty9
f" 5se of unlicensed firearm in the
murder or homicide committed
therewith ()A D(F4".
2. Gualifying 6 those that change the
nature of the crime.
Alevosia (treachery" or evident
premeditation 4ualifies the
1illing of a person to murder.
Art. (4D enumerates the
4ualifying aggravating
circumstances which 4uality the
1illing of person to murder.
4. %nherent 6 those which of necessity
accompany the commission of the
crime, therefore not considered in
increasing the penalty to be
imposed, such as3
a" 7vident premeditation in
robbery, theft, estafa, adultery
and concubinage9
b" Abuse of public office in bribery9
c" 0rea1ing of a wall or unlawful
entry into a house in robbery
with the use of force upon
things9
d" +raud in estafa9
e" =eceit in simple seduction9
f" %gnominy in rape.
/. &pecial 6 those which arise under
special conditions to increase the
penalty of the offense and cannot be
offset by mitigating circumstances,
such as3
a" Guasi-recidivism (Art. 1>?"9
b" !omple. crimes (Art. 4D"9
.rillante, )r*

c" 7rror in personae (Art. 4F"9
d" #a1ing advantage of public
position and membership in an
organiBedHsyndicated crime
group (Par.1IaJ, Art. >(".
GENERIC
AGGRAVATING
CIRCUMSTANCE
=UALIFYING
AGGRAVATING
CIRCUMSTANCE
A) % !) e44e6
%ncreases the penalty
which should be
imposed upon the
accused to the
ma.imum period but
without e.ceeding
the limit prescribed
by law.
#o give the crime its
proper and e.clusive
name and to place
the author thereof in
such a situation as to
deserve no other
penalty than that
specially prescribed
by law for said
crime.
A) % E'e'er ! 6a$ "e %44)e "< a
7!!:a!$: 6!r637)a$6e
8ay be offset by a
mitigating
circumstance.
!annot be offset by a
mitigating
circumstance
RULES ON AGGRAVATING
CIRCUMSTANCES
1. Aggravating circumstances shall not
be appreciated if3
a) #hey constitute a crime specially
punishable by law, or
b) #hey are included by the law in
defining a crime and prescribing
a penalty therefor, shall not be
ta1en into account for the
purpose of increasing the
penalty.
7;A8P$73 @#hat the crime be
committed by means of Kfire,K
e.plosionA (Art. 14, par. 1(" is in
itself a crime of arson (Art. 2(1" or a
crime involving destruction (Art.
2(4". %t is not to be considered to
increase the penalty for the crime of
arson or for the crime involving
destruction.
2. #he same rule shall apply with
respect to any aggravating
circumstance inherent in the crime
to such a degree that it must of
necessity accompany the commission
thereof. (Art. )+" par. +-
2. Aggravating circumstances which
arise3
a" +rom the moral attributes of the
offender, or
b" +rom his private relations with
the offended party, or
c" +rom any personal cause,
shall only serve to aggravate the
liability of the principals,
accomplices and accessories as to
whom such circumstances are
attendant. (Art. )+" par. '-
4. #he circumstances which consist
a" %n the material e.ecution of
the act, or
b" %n the means employed to
accomplish it,
shall serve to aggravate the liability
of those persons only who had
1nowledge of them at the time of
the e.ecution of the act or their
cooperation therein. 7.cept when
there is proof of conspiracy in which
case the act of one is deemed to be
the act of all, regardless of lac1 of
1nowledge of the facts constituting
the circumstance. (Art. )+" par. ,-
5. Aggravating circumstances,
regardless of its 1ind, should be
specifically alleged in the
information A= proved as fully as
the crime itself in order to increase
the penalty. (2ec. 3" $ule &&*" +***
$ules of 4riminal Procedure-
6. -hen there is more than one
4ualifying aggravating circumstance
present, one of them will be
appreciated as 4ualifying aggravating
while the others will be considered
as generic aggravating.
ART. ,; AGGRAVATING
CIRCUMSTANCES
Par. 1. That advantage be taken by
the offender of his public position.
Applicable only when the offender is
a public officer.
#he offender must have abused his
public position or at least use of the
same facilitated the commission of
the offense.
C$AIRPERSONS
#his circumstance cannot be ta1en
into consideration in offenses where
ta1ing advantage of official position
is made by law an integral element
of the crime, such as in malversation
under Art. (1E, or in falsification of
a document committed by public
officers under Art. 1E1.
#a1ing advantage of a public position
is also inherent in the case of
accessories under Art. 1F, par. 2
(harboring, concealing, or assisting
in the escape of the principal of the
crime", and in crimes committed by
public officers (Arts. (?4-(4/".
Par. 2 That the crime be committed
in contempt of or with insult to the
public authorities.
RE=UISITES OF THIS CIRCUMSTANCE:
1. #hat the public authority is engaged
in the e.ercise of his functions.
(. #hat he who is thus engaged in the
e.ercise of said functions is not the
person against whom the crime is
committed.
2. #he offender 1nows him to be a
public authority.
4. <is presence has not prevented the
offender from committing the
criminal act.
P3"#!6 a3'%r!< 6 sometimes also called
a person in authority, is a public officer
who is directly vested with jurisdiction,
that is, a public officer who has the
power to govern and e.ecute the laws9
li1e a mayor, councilor, governor,
barangay captain and barangay
chairman.
A teacher or professor of a public or
recogniBed private school is not a
@public authority within the
contemplation of this paragraph.
-hile he is a person in authority
under Art. 1/(, that status is only for
purposes of Art. 14D (direct assault"
and Art. 1/( (resistance and
disobedience".
Par. 3 That the act be committed
1! with insult or in disregard
of the respect due the offended party
on account of his a! rank" b! age" or
c! se#" or
2! that it be committed in the
dwelling of the offended party" if the
latter has not given provocation.
#he four circumstances enumerated
should be considered as one
aggravating circumstance only.
=isregard of ran1, age or se. is
essentially applicable only to crimes
against person or honor. #hey are
not ta1en into account in crimes
against property.
#o be appreciated as an aggravating
circumstance, there must be
evidence that in the commission of
the crime, the offender deliberately
intended to offend or insult the se.,
age and ran1 of the offended party.
Ra$5 %4 'e %44e$8e8 (ar< 6 is the
designation or title of distinction used to
fi. the relative position of the offended
party in reference to others.
- there must be a difference in
the social condition of the offender and
the offended party.
A:e %4 'e %44e$8e8 (ar< 6 may refer
to old age or the tender age of the
victim.
SeF %4 'e %44e$8e8 (ar< 6 refers to
the female se., not to the male se..
THE AGGRAVATING CIRCUMSTANCE OF
&ISREGAR& OF RANK0 AGE0 OR SEX IS
NOT APPLICABLE IN THE FOLLOWING
CASES:
1. -hen the offender acted with
passion and obfuscation.
(. -hen there e.ists a relationship
between the offended party and the
offender.
2. -hen the condition of being a
woman is indispensable in the
commission of the crime. (e.g. in
parricide, abduction, seduction and
rape"
=isregard of se. and age are not
absorbed in treachery because
treachery refers to the manner of
the commission of the crime, while
disregard of se. and age pertains to
.rillante, )r*

the relationship of the victim
(People vs. Lapa5" ;arch '&" &363-.
&Ee##!$: 6 must be a building or
structure, e.clusively used for rest and
comfort. A @combination of a house and
a storeA or a mar1et stall where the
victim slept is not a dwelling.
- dwelling includes
dependencies, the foot of the staircase
and enclosure under the house.
#he aggravating circumstance of
dwelling re4uires that the crime be
wholly or partly committed therein
or in any integral part thereof.
=welling does not mean the
permanent residence or domicile of
the offended party or that he must
be the owner thereof. <e must,
however, be actually living or
dwelling therein even for a
temporary duration or purpose.
%t is not necessary that the accused
should have actually entered the
dwelling of the victim to commit the
offense9 it is enough that the victim
was attac1ed inside his own house,
although the assailant may have
devised means to perpetrate the
assault from without.
WHAT AGGRAVATES THE COMMISSION
OF THE CRIME IN ONEJS &WELLING:
1. #he abuse of confidence which the
offended party reposed in the
offender by opening the door to him9
or
(. #he violation of the sanctity of the
home by trespassing therein with
violence or against the will of the
owner.
MEANING OF PROVOCATION IN THE
AGGRAVATING CIRCUMSTANCE OF
&WELLING:
#he provocation must be3
1. ,iven by the owner of the dwelling,
(. &ufficient, and
2. %mmediate to the commission of the
crime.
%f all these conditions are present,
the offended party is deemed to
have given the provocation, and the
fact that the crime is committed in
the dwelling of the offended party is
not an aggravating circumstance.
)7A&*3 -hen it is the offended
party who has provo1ed the incident,
he loses his right to the respect and
consideration due him in his own
house.
&WELLING IS NOT AGGRAVATING IN THE
FOLLOWING CASES:
1. -hen both the offender and the
offended party are occupants of the
same house, and this is true even if
offender is a servant in the house.
7;!7P#%*3 %n case of adultery
in the conjugal dwelling, the
same is aggravating. <owever, if
the paramour also dwells in the
conjugal dwelling, the applicable
aggravating circumstance is
abuse of confidence.
2. -hen robbery is committed by the
use of force upon things, dwelling is
not aggravating because it is
inherent.
0ut dwelling is aggravating in
robbery with violence against or
intimidation of persons because
this class of robbery can be
committed without the necessity
of trespassing the sanctity of the
offended party's house.

2. %n the crime of trespass to dwelling,
it is inherent or included by law in
defining the crime.
4. -hen the owner of the dwelling gave
sufficient and immediate
provocation.
#here must e.ist a close relation
between the provocation made
by the victim and the
commission of the crime by the
accused.
/. #he victim is not a dweller of the
house.
Par. $. That the act be committed
with
1! abuse of confidence or
C$AIRPERSONS
2! obvious ungratefulness.
Par. 4 provides two aggravating
circumstances which, if present in
the same case and must be
independently appreciated.
-hile one may be related to the
other in the factual situation in the
case, they cannot be lumped
together as abuse of confidence
re4uires a special confidential
relationship between the offender
and the victim, but this is not so in
ungratefulness.
RE=UISITES OF ABUSE OF CONFI&ENCE:
1. #hat the offended party had trusted
the offender.
2. #hat the offender a/used such trust
by committing a crime against the
offended party.
3. #hat the abuse of confidence
facilitated the commission of the
crime.
Abuse of confidence is inherent in
malversation (Art. (1E", 4ualified
theft (Art. 21?", estafa by conversion
or misappropriation (Art. 21/", and
4ualified seduction (Art. 22E".
RE=UISITES OF OBVIOUS
UNGRATEFULNESS
1. #hat the offended party had trusted
the offender9
(. #hat the offender abused such trust
by committing a crime against the
offended party.
2. #hat the act be committed with
obvious ungratefulness.

#he ungratefulness contemplated by
par. 4 must be such clear and
manifest ingratitude on the part of
the accused.
Par. % That the crime be committed
1! in the palace of the &hief
'#ecutive" or in his presence"
or
2! where public authorities
are engaged in the discharge
of their duties" or
3! in a place dedicated to
religious worship.
7.cept for the third which re4uires
that official functions are being
performed at the time of the
commission of the crime, the other
places mentioned are aggravating
per se even if no official duties or
acts of religious worship are being
conducted there.
!emeteries, however respectable
they may be, are not considered as
place dedicated to the worship of
,od.
PAR. G. W'ere
(3"#!6 a3'%r!!e)
are e$:a:e8 !$
'e 8!)6'ar:e %4
'e!r 83!e)
PAR. 2. C%$e7(
%r !$)3# % (3"#!6
a3'%r!!e)
I$ "%'
Public authorities are in the performance of
their duties
P#a6e E'ere (3"#!6 83< !) (er4%r7e8
%n their office. *utside of their
office.
T'e %44e$8e8 (ar<
8ay or may not be
the public authority
Public authority
should not be the
offended party
Par. (. That the crime be committed
1! in the nighttime" or
2! in an uninhabited place" or
3! by a band" whenever such
circumstance may facilitate the
commission of the offense.
-hen present in the same case and
their element are distinctly palpable
and can subsist independently, they
shall be considered separately.
WHEN NIGHTTIME0 UNINHABITE& PLACE
OR BAN& AGGRAVATING:
1. -hen it facilitated the commission
of the crime9 or
2. -hen especiall0 sought for by the
offender to insure the commission of
the crime or for the purpose of
impunity9 or
3. -hen the offender too1 advantage
thereof for the purpose of impunity.
.rillante, )r*

N!:'!7e *obscuridad. 6 that period of
dar1ness beginning at end of dus1 and
ending at dawn. ights are from sunset
to sunrise.
%t is necessary that the commission
of the crime was begun and
completed at nighttime.
-hen the place of the crime is
illuminated by light, nighttime is not
aggravating.
GENERAL RULE: ighttime is absorbed in
treachery.
EXCEPTION3 -here both the treacherous
mode of attac1 and nocturnity were
deliberately decided upon in the same
case, they can be considered separately
if such circumstances have different
factual bases. #hus3
7n People vs. erdida" et. al.
(<une '*" &3))-, nighttime was
considered since it was purposely
sought, and treachery was
further appreciated because the
victim's hands and arms were
tied together before he was
beaten up by the accused.
7n People vs. Ong" et. al. (<an.
'*" &3(9-, there was treachery
as the victim was stabbed while
lying face up and defenseless,
and nighttime was considered
upon proof that it facilitated the
commission of the offense and
was ta1en advantage of by the
accused.
U$!$'a"!e8 (#a6e *despoblado. 6 one
where there are no houses at all9 a place
at a considerable distance from town, or
where the houses are scattered at a
great distance from each other.
-hat actually determines whether
this aggravating circumstance should
be considered against the accused,
aside from the distance and isolation
of the place, is the reasonable
possibility of the victim receiving or
securing aid from third persons.
Ba$8 *en cuadrilla. 6 whenever more
than three (i.e., at least four" armed
malefactors shall have acted together in
the commission of an offense, it shall be
deemed committed by a band.
#he re4uisite four armed persons
contemplated in this circumstance
must all be principals by direct
participation who acted together in
the e.ecution of the acts
constituting the crime.
%f one of them was a principal by
inducement, there would be no
cuadrilla but the aggravating
circumstance of having acted with
the aid of armed men may be
considered against the inducer if the
other two acted as his accomplice.
#his aggravating circumstance is
absorbed in the circumstance of
abuse of superior strength.
#his aggravating circumstance is not
applicable in crimes against chastity.
Par. ) That the crime be committed
on the occasion of a conflagration"
shipwreck" earth*uake" epidemic or
other calamity or misfortune.
REASON FOR THE AGGRAVATION:
#he debased form of criminality met in
one who, in the midst of a great
calamity, instead of lending aid to the
afflicted, adds to their suffering by
ta1ing advantage of their misfortune to
despoil them. #herefore it is necessary
that the offender too1 advantage of the
calamity or misfortune.
Par. + That the crime be committed
with the aid of
1! armed men or
2!persons who insure or
afford impunity.
RE=UISITES:
1. #hat armed men or persons too1 part
in the commission of the crime,
directl0 or indirectl0.
2. #hat the accused availed himself of
their aid or relied upon them when
the crime was committed.
C$AIRPERSONS
#his aggravating circumstance
re4uires that the armed men are
accomplices who ta1e part in that
minor capacity directly or indirectly,
and not when they were merely
present at the crime scene. either
should they constitute a band, for
then the proper aggravating
circumstance would be cuadrilla.
WHEN THIS AGGRAVATING
CIRCUMSTANCE SHALL NOT BE
CONSI&ERE&:
1. -hen both the attac1ing party and
the party attac1ed were e4ually
armed.
2. -hen 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.
Par. > /B< a
"a
$8
1
Par. B. /W!' 'e
a!8 %4 ar7e8
7e$1
A) % 'e!r $37"er
)e4uires more than
three armed
malefactors (i.e., at
least four"
At least two
A) % 'e!r a6!%$
)e4uires that more
than three armed
malefactors shall
have acted together
in the commission of
an offense.
#his circumstance is
present even if one
of the offenders
merely relied on
their aid, for actual
aid is not necessary.
%f there are four armed men, aid of
armed men is absorbed in
employment of a band. %f there are
three armed men or less, aid of
armed men may be the aggravating
circumstance.
@Aid of armed menA includes @armed
women.A
Par. , That the accused is a
recidivist.
RE=UISITES:
1. #hat the offender is on trial for an
offense9
2. #hat he was previousl0 convicted by
final =udgment of another crime9
3. #hat both the first and the second
offenses are embraced in the same
title of the 4ode9
4. #hat the offender is convicted of the
new offense.
MEANING OF /a 'e !7e %4 '!) r!a#
4%r %$e 6r!7e.1
%t is employed in its general sense,
including the rendering of the judgment.
%t is meant to include everything that is
done in the course of the trial, from
arraignment until after sentence is
announced by the judge in open court.
0eing an ordinary aggravating
circumstance, recidivism affects only
the periods of a penalty, e.cept in
prostitution and vagrancy (Art. (?("
and gambling (P= 1>?(" wherein
recidivism increases the penalties by
degrees. o other generic
aggravating circumstance produces
this effect.
%n recidivism it is sufficient that the
succeeding offense be committed
after the commission of the
preceding offense provided that at
the time of his trial for the second
offense, the accused had already
been convicted of the first offense.
%f both offenses were committed on
the same date, they shall be
considered as only one, hence, they
cannot be separately counted in
order to constitute recidivism. Also,
judgments of convicted handed down
on the same day shall be considered
as only one conviction.
)7A&*3 0ecause the !ode re4uires
that to be considered as separate
convictions, at the time of his trial
for one crime the accused shall have
been previously convicted by final
judgment of the other.
#o prove recidivism, it is necessary
to allege the same in the information
and to attach thereto certified copy
of the sentences rendered against
the accused.
.rillante, )r*

)ecidivism must be ta1en into
account no matter how many years
have intervened between the first
and second felonies.
7ven if the accused was granted a
pardon for the first offense, but he
commits another felony embraced in
the same title of the !ode, the first
conviction is still counted to ma1e
him a recidivist since pardon does
not obliterate the fact of his prior
conviction.
#he rule is different in the case
of amnesty which theoretically
considers the previous transgressions
as not punishable.
Par. 1- That the offender has been
previously punished for an offense to
which the law attaches an e*ual or
greater penalty or for two or more
crimes to which it attaches a lighter
penalty.
RE=UISITES %4 .'IT'./&I01 %r
HABITUALITY:
1. #hat the accused is on trial for an
offense9
2. #hat he previously served sentence
for another offense to which the law
attaches an
a" 74ual or
b" ,reater penalty, or
c" +or two or more crimes to which
it attaches a lighter penalty than
that for the new offense9 and
2. #hat he is convicted of the new
offense
.'IT'./&I01 RECI&IVISM
A) % 'e 4!r) %44e$)e
%t is necessary that
the offender shall
have served out his
sentence for the
first offense
%t is enough that a
final =udgment has
been rendered in
the first offense.
A) % 'e 5!$8 %4 %44e$)e) !$9%#9e8
#he previous and
subse4uent offenses
must not be em
braced in the same
title of the !ode.
)e4uires that the
offenses be
included in the
same title of the
!ode.
THE FOUR FORMS OF REPETITION ARE:
1. )ecidivism (par. F, Art. 14" 6 where a
person, on separate occasions, is
convicted of two offenses embraced in
the same title in the )P!. #his is a
generic aggravating circumstance.
(. $eiteracion or habituality (par. 1?,
Art. 14" 6 where the offender has been
previously punished for an offense to
which the law attaches an e4ual or
greater penalty or for two crimes to
which it attaches a lighter penalty. #his
is a generic aggravating circumstance.
2. 8ulti-recidivism or habitual
delin4uency (Art. >(, par, /" 6 where a
person within a period of ten years from
the date of his release or last conviction
of the crimes of serious or less serious
physical injuries, robbery, theft, estafa
or falsification, is found guilty of the
said crimes a third time or oftener. #his
is an e.traordinary aggravating
circumstance.
4. Guasi-recidivism (Art. 1>?" 6 -here a
person commits felony before beginning
to serve or while serving sentence on a
previous conviction for a felony. #his is
a special aggravating circumstance.
&ince reiteracion provides that the
accused has duly served the
sentence for his previous
convictionHs, or is legally considered
to have done so, 4uasi-recidivism
cannot at the same time constitute
reiteracion, hence this aggravating
circumstance cannot apply to a
4uasi-recidivist.
%f the same set of facts constitutes
recidivism and reiteracion, the
liability of the accused should be
aggravated by recidivism which can
easily be proven.
in consideration of a price" reward or
promise.
-hen this aggravating circumstance
is present, there must be two or
more principals, the one who gave or
C$AIRPERSONS
offered the price or promise and the
one who accepted it, both of whom
are principals.
%f without previous promise it was
given voluntarily after the crime had
been committed as an e.pression of
his appreciation for the sympathy
and aid shown by the other accused,
it should not be ta1en into
consideration for the purpose of
increasing the penalty.
#he price, reward or promise need
not consist of or refer to material
things or that the same were
actually delivered, it being sufficient
that the offer made by the principal
by inducement be accepted by the
principal by direct participation
before the commission of the
offense.
by means of inundation" fire" poison"
e#plosion" stranding of a vessel or
intentional damage thereto"
derailment of a locomotive" or by the
use of any other artifice involving
great waste and ruin.
-hen another aggravating
circumstance already 4ualifies the
crime, any of these aggravating
circumstances shall be considered as
generic aggravating circumstance
only.
A 1illing committed through any of
these 4ualifies the crime to murder,
e.cept if arson was resorted to but
without intent to 1ill, in view of P.=.
1>12 which provides a specific
penalty for that situation.
PAR. ,2 /"<
7ea$) %4
!$3$8a!%$0 4!re0
e6.1
PAR. ,- /%$ 'e
%66a)!%$ %4 a
6%$4#a:ra!%$0
)'!(Ere650 e6.
#he crime is
committed by
means of any such
acts involving great
waste or ruin.
#he crime is
committed on the
occasion of a
calamity or
misfortune.
Par. 13 That the act be committed
with evident premeditation
RE=UISITES:
#he prosecution must prove 6
1. #he time when the offender
determined to commit the crime9
2. An act manifestly indicating that the
culprit has clung to his
determination9 and
3. A sufficient lapse of time between
the determination and e.ecution, to
allow him to reflect upon the
conse4uences of his act and to allow
his conscience to overcome the
resolution of his will.
#o establish evident
premeditation, it must be shown
that there was a period sufficient to
afford full opportunity for
meditation and reflection, a time
ade4uate to allow the conscience to
overcome the resolution of the will,
as well as outward acts showing the
intent to 1ill. %t must be shown that
the offender had sufficient time to
reflect upon the conse4uences of his
act but still persisted in his
determination to commit the crime.
(PEOPLE vs. 27L8A" et. al." #$ %o.
&,*6(&" August 6" +**+-
#he essence of evident
premeditation is that the e.ecution
of the criminal act is preceded by
cool thought and reflection upon the
resolution to carry out the criminal
intent within a space of time
sufficient to arrive at a calm
judgment. (PEOPLE vs. AA>7E2" #$
%o. &'93(9" August &," +**+-
7vident premeditation is presumed
to e.ist when conspiracy is directly
established. -hen conspiracy is
merely implied, evident
premeditation cannot be presumed,
the latter must be proved li1e any
other fact. (PEOPLE vs. 2AP7#AO" et.
al." #$ %o. &,,3(9" <une &6" +**'-
Premeditation is a/sor/ed by reward
or promise.
.rillante, )r*

-hen the offender decides to 1ill a
particular person and premeditated
on the 1illing of the latter, but when
he carried out his plan he actually
1illed another person, it cannot
properly be said that he
premeditated on the 1illing of the
actual victim.
0ut if the offender premeditated on
the 1illing of an0 person, it is proper
to consider against the offender the
aggravating circumstance of
premeditation, because whoever is
1illed by him is contemplated in his
premeditation.
Par. 1$ That 1! craft" 2! fraud" or
3! disguise be employed
Cra4 *astucia. 6 involved the use of
intellectual tric1ery or cunning on the
part of the accused.
- it is a chicanery
resorted to by the accused to aid in the
e.ecution of his criminal design. %t is
employed as a scheme in the e.ecution
of the crime.
Fra38 *fraude. 6 insidious words or
machinations used to induce the victim
to act in a manner which would enable
the offender to carry out his design.
FRAU& CRAFT
-here there is a
direct inducement
by insidious words
or machinations,
fraud is present.
#he act of the
accused done in
order not to arouse
the suspicion of the
victim constitutes
craft.
According to Lustice )egalado, the
fine distinctions between @craftA
and @fraudA would not really be
called for as these terms in Art. 14
are variants of means employed to
deceive the victim and if all are
present in the same case, they shall
be applied as a single aggravating
circumstance.
!raft and fraud may be absorbed in
treachery if they have been
deliberately adopted as the means,
methods or forms for the
treacherous strategy, or they may
co-e.ist independently where they
are adopted for a different purpose
in the commission of the crime.
+or instance3
%n People vs. 2an Pedro (<an. ++"
&36*-, where the accused
pretended to hire the driver in
order to get his vehicle, it was
held that there was craft
directed to the theft of the
vehicle, separate from the
means subse4uently used to
treacherously 1ill the
defenseless driver.
%n People vs. ;asilang (<ul0 &&"
&36)- there was also craft where
after hitching a ride, the
accused re4uested the driver to
ta1e them to a place to visit
somebody, when in fact they had
already planned to 1ill the
driver.
&!):3!)e *disfra2. 6 resorting to any
device to conceal identity.
#he test of disguise is whether the
device or contrivance resorted to by
the offender was intended to or did
ma1e identification more difficult,
such as the use of a mas1 or false
hair or beard.
#he use of an assumed name in the
publication of a libel constitutes
disguise.
Par. 1% That 1! advantage be taken
of superior strength" or 2! means be
employed to weaken the defense.
Par. 1/ enunciates two aggravating
circumstances, namely, that
advantage was ta1en of superior
strength, or that means were
employed by the offender to wea1en
the defense of the victim, either of
which 4ualifies a 1illing to murder.
C$AIRPERSONS
MEANING OF /a89a$a:e "e a5e$1:
#o deliberately use e.cessive force that
is out of proportion to the means for
self-defense available to the person
attac1ed. (PEOPLE vs. LO$7#A2" et. al."
#$ %o. &,(),3" >ecem/er &(" +**+-
NO A&VANTAGE OF SUPERIOR
STRENGTH IN THE FOLLOWING:
1. *ne who attac1s another with
passion and o/fuscation does not
ta1e advantage of his superior
strength.
2. -hen a ?uarrel arose unexpectedl0
and the fatal blow was struc1 at a
time when the aggressor and his
victim were engaged against each
other as man to man.
+or abuse of superior strength, the
test is the relative strength of the
offender and his victim, whether or
not he too1 advantage of his greater
strength.
-hen there are several offenders
participating in the crime, they must
all be principals by direct
participation and their attac1 against
the victim must be concerted and
intended to be so.
Abuse of superior strength is
inherent in the crime of parricide
where the husband 1ills the wife. %t
is generally accepted that the
husband is physically stronger than
the wife.
Abuse of superior strength is also
present when the offender uses a
weapon which is out of proportion to
the defense available to the
offended party.
@by a bandA @abuse of superior
strengthA
#he element of
band is appreciated
when the offense is
committed by more
than three armed
malefactors
regardless of the
comparative
strength of the
victim or victims.
#he gravamen of
abuse of superiority
is the ta1ing
advantage by the
culprits of their
collective strength
to overpower their
relatively wea1er
victim or victims.
<ence, what is
ta1en into account
here is not the
number of
aggressors nor the
fact that they are
armed, but their
relative physical
strength vis:a vis
the offended party.
Abuse of superior strength absorbs
cuadrilla (@bandA".
/Mea$) e7(#%<e8 % Eea5e$ 8e4e$)e1
- the offender employs means that
materiall0 wea1ens the resisting power
of the offended party.
EXAMPLES OF /7ea$) e7(#%<e8 %
Eea5e$ 8e4e$)e1
1. -here one, struggling with another,
suddenly throws a cloa1 over the
head of his opponent and while in
this situation he wounds or 1ills him.
(. *ne who, while fighting with
another, suddenly casts sand or dirt
upon the latter eyes and then
wounds or 1ills him.
2. -hen the offender, who had the
intention to 1ill the victim, made the
deceased into.icated, thereby
materially wea1ening the latter's
resisting power.
#his circumstance is applicable only
to crimes against persons, and
sometimes against person and
property, such as robbery with
physical injuries or homicide.
Par. 1( That the act be committed
with treachery alevosia!.
Trea6'er< *alevosia. 6 is present when
the offender commits any of the crimes
against person, employing means,
.rillante, )r*

methods or forms in the e.ecution
thereof which tend directly and specially
to insure its e.ecution, without ris1 to
himself arising from the defense which
the offended party might ma1e.
RE=UISITES OF TREACHERY:
1. #hat at the time of the attac1, the
victim was not in a position to
defend himself9 and
(. #hat the offender consciously
adopted the particular means,
method or form of attac1 employed
by him.
#he test of treachery is not only the
relative position of the parties but,
more specifically, whether or not
the victim was forewarned or
afforded the opportunity to ma1e a
defense or to ward off the attac1.
RULES REGAR&ING TREACHERY:
1. Applicable only to crimes against
persons.
(. 8eans, methods or forms need not
insure accomplishment of crime.
2. #he mode of attac1 must be
consciously adopted.
#reachery is ta1en into account even
if the crime against the person is
comple.ed with another felony
involving a different classification in
the !ode. Accordingly, in the special
comple. crime of robbery with
homicide, treachery but can be
appreciated insofar as the 1illing is
concerned.
#he suddenness of attac1 does not,
of itself, suffice to support a finding
of alevosia, even if the purpose was
to 1ill, so long as the decision was
made all of a sudden and the
victim's helpless position was
accidental.
#reachery must be appreciated in
the 1illing of a child even if the
manner of attac1 is not shown. %t
e.ists in the commission of the crime
when the adult person illegally
attac1s a child of tender years and
causes his death.
WHEN MUST TREACHERY BE PRESENT:
-hen the aggression is continuous,
treachery must be present in the
beginning of the assault. (PEOPLE vs.
;A%ALA>" #$ %o. &+693'" August &,"
+**+-
#hus, even if the deceased was
shot while he was lying wounded
on the ground, it appearing that
the firing of the shot was a mere
continuation of the assault in
which the deceased was
wounded, with no apprecia/le
time intervening between the
delivery of the blows and the
firing of the shot, it cannot be
said that the crime was attended
by treachery.
-hen the assault was not continuous" in
that there was interruption, it is
sufficient that treachery was present at
the moment the fatal blow was given.
<ence, even though in the
inception of the aggression
which ended in the death of the
deceased, treachery was not
present, if there was a /rea1 in
the continuit0 of the aggression
and at the time of the fatal
wound was inflicted on the
deceased he was defenseless"
the circumstance of treacher0
must /e ta1en into account.
ALEVOSIA SHOUL& BE CONSI&ERE&
EVEN IF:
1. #he victim was not predetermined
but there was a generic intent to
treacherously 1ill any first two
persons belonging to a class. (#he
same rule obtains for evident
premeditation".
2. #here was a/erratio ictus and the
bullet hit a person different from
that intended. (#he rule is different
in evident premeditation".
3. #here was error in personae, hence
the victim was not the one intended
by the accused. (A different rule is
applied in evident premeditation".
C$AIRPERSONS
REASON FOR THE RULE3 -hen there
is treachery, it is impossible for
either the intended victim or the
actual victim to defend himself
against the aggression.
TREACHERY ABSORBS:
1. !raft
(. Abuse of superior strength
2. 7mploying means to wea1en the
defense
4. !uadrilla (@bandA"
/. Aid of armed men
>. ighttime
Par. 1) That means be employed or
circumstances brought about which
add ignominy to the natural effects of
the act.
I:$%7!$< 6 is a circumstance pertaining
to the moral order, which adds disgrace
and oblo4uy to the material injury
caused by the crime.
MEANING OF /E'!6' a88 !:$%7!$< %
'e $a3ra# e44e6) 'ere%41
#he means employed or the
circumstances brought about must tend
to ma1e the effects of the crime more
humiliating to victim or to put the
offended party to shame, or add to his
moral suffering. #hus it is incorrect to
appreciate ignominy where the victim
was already dead when his body was
dismembered, for such act may not be
considered to have added to the victim's
moral suffering or humiliation. (People
vs. 4armina" #.$. %o. 6&,*," <anuar0
+6" &33&-
Applicable to crimes against
chastity, less serious physical
injuries, light or grave coercion, and
murder.
Par. 1+ That the crime be committed
after an unlawful entry.
U$#aE43# e$r< 6 when an entrance is
effected by a way not intended for the
purpose.
5nlawful entry must be a means to
effect entrance and not for escape.
REASON FOR AGGRAVATION:
*ne who acts, not respecting the walls
erected by men to guard their property
and provide for their personal safety,
shows a greater perversity, a greater
audacity9 hence, the law punishes him
with more severity.
Par. 1, That as a means to the
commission of a crime" a wall" roof"
floor" door" or window be broken.
#his circumstance is aggravating only
in those cases where the offender
resorted to any of said means to
enter the house. %f the wall, etc., is
bro1en in order to get out of the
place, it is not an aggravating
circumstance.
PAR. ,C PAR. ,B
%t involves the
brea1ing
(rompimiento" of
the enumerated
parts of the house.
Presupposes that
there is no such
brea1ing as by entry
through the
window.
%f the offender bro1e a window to
enable himself to reach a purse with
money on the table near that
window, which he too1 while his
body was outside of the building, the
crime of theft was attended by this
aggravating circumstance. %t is not
necessary that the offender should
have entered the building.
Par. 2- That the crime be committed
1! with the aid of persons
under fifteen years of age" or
2! by means of motor
vehicles" airships" or other similar
means.
TWO &IFFERENT CIRCUMSTANCES
GROUPE& IN THIS PARAGRAPH:
1. -ith the aid of persons under fifteen
years of age3
#ends to repress, so far as
possible, the fre4uent practice
resorted to by professional
criminals to avail themselves of
.rillante, )r*

minors ta1ing advantage of their
irresponsi/ilit0.
2. 0y means of motor vehicles, airships,
or other similar means3
%ntended to counteract the great
facilities found by modern
criminals in said means to
commit crime and flee and
a/scond once the same is
committed.
5se of motor vehicle is
aggravating where the accused
purposel0 and deli/eratel0 used
the motor vehicle in going to the
place of the crime, in carrying
away the effects thereof, and in
facilitating their escape.
MEANING OF /%r %'er )!7!#ar 7ea$)1
&hould be understood as referring to
motori5ed vehicles or other efficient
means of transportation similar to
automobile or airplane.
Par. 21 That the wrong done in the
commission of the crime be
deliberately augmented by causing
other wrong not necessary for its
commission.
Cr3e#< 6 there is cruelty when the
culprit en=o0s and delights in ma1ing his
victim suffer slowly and gradually,
causing unnecessary physical pain in the
consummation of the criminal act.
RE=UISITES OF CRUELTY:
1. #hat the injury caused be
deli/eratel0 increased by causing
other wrong9
2. #hat the other wrong be unnecessar0
for the e.ecution of the purpose of
the offender.
!ruelty is not inherent in crimes
against persons. %n order for it to be
appreciated, there must be positive
proof that the wounds found on the
body of the victim were inflicted
while he was still alive in order
unnecessarily to prolong physical
suffering.
%f the victim was already dead when
the acts of mutilation were being
performed, this would also 4ualify
the 1illing to murder due to
outraging of his corpse.
IGNOMINY
*PAR.,A.
CRUELTY *PAR.
2,.
%nvolves moral
suffering
)efers to physical
suffering
5nli1e mitigating circumstances
(par. 1?, Art. 12", there is no
provision for aggravating
circumstances of a similar or
analogous character.
ART. ,G ALTERNATIVE
CIRCUMSTANCES
A#er$a!9e 6!r637)a$6e) 6 are those
which must be ta1en into consideration
as aggravating or mitigating according to
the nature and effects of the crime and
the other conditions attending its
commission.
BASIS:
#he nature and effects of the crime and
the other conditions attending its
commission.
THE ALTERNATIVE CIRCUMSTANCES
ARE:
1. )elationship9
(. %nto.ication9 and
2. =egree of instruction and education
of the offender.
RELATIONSHIP
#he alternative circumstance of
relationship shall be ta1en into
consideration when the offended party is
the 6
a" &pouse,
b" Ascendant,
c" =escendant,
d" $egitimate, natural, or adopted
brother or sister, or
e" )elative by affinity in the same
degree of the offender.
OTHER RELATIVES INCLU&E&:
C$AIRPERSONS
1. #he relationship of stepfather or
stepmother and stepson or
stepdaughter.
)7A&*3 %t is the duty of the
stepparents to bestow upon their
stepchildren a mother'sHfather's
affection, care and protection.
(. #he relationship of adopted parent
and adopted child.
0ut the relationship of uncle and
niece is not covered by any of the
relationship mentioned.
WHEN RELATIONSHIP MITIGATING AN&
WHEN AGGRAVATING:
1. As a rule, relationship is mitigating
in crimes against property, by
analogy to the provisions of Art. 22(.
#hus, relationship is mitigating
in the crimes of robbery (Arts.
(F4-2?(", usurpation (Art. 21(",
fraudulent insolvency (Art. 214"
and arson (Arts. 2(1-2((, 2(/-
2(>".
2. %n crimes against persons 6
a" %t is aggravating where the
offended party is a relative of
I. a higher degree than the
offender, or
II. when the offender and the
offended party are relatives
of the same level (e.g.
brothers"
b" 0ut when it comes to physical
injuries3
i. %t is aggravating when the
crime involves serious
ph0sical in=uries (Art. (>2",
even if the offended party is
a descendant of the
offender. 0ut the serious
physical injuries must not be
inflicted by a parent upon
his child by e.cessive
chastisement.
ii. %t is mitigating when the
offense committed is less
serious ph0sical in=uries or
slight ph0sical in=uries, if
the offended party is a
relative of a lower degree.
iii. %t is aggravating if the
offended party is a relative
of a higher degree of the
offender.
c" -hen the crime is homicide or
murder, relationship is
aggravating even if the victim of
the crime is a relative of a lower
degree.
d" %n rape, relationship is
aggravating where a stepfather
raped his stepdaughter or in a
case where a father raped his
own daughter.
3. %n crimes against chastity, li1e acts
of lasciviousness (Art. 22>",
relationship is always aggravating,
regardless of whether the offender is
a relative of a higher or lower
degree of the offended party.
-hen the 4ualification given to the
crime is derived from the
relationship between the offender
and the offended party, it is neither
mitigating nor aggravating, because
it is insepara/le from and inherent
in the offense. (e.g. parricide,
adultery and concubinage".
WHEN INTOXICATION MITIGATING AN&
WHEN AGGRAVATING:
1. 8itigating 6
i. %f into.ication is not ha/itual, or
ii. %f into.ication is not su/se?uent
to the plan to commit a felony.
(. Aggravating 6
i. %f into.ication is ha/itual, or
ii. %f it is intentional (subse4uent to
the plan to commit a felony".
TO BE ENTITLE& TO THE MITIGATING
CIRCUMSTANCE OF INTOXICATION0 IT
MUST BE SHOWN:
1. #hat at the time of the commission
of the criminal act, the accused has
ta1en such 4uantity of alcoholic
drin1s as to blur his reason and
deprive him of a certain degree of
control, and
(. #hat such into.ication is not
habitual, or subse4uent to the plan
to commit the felony.
#o be mitigating, the accused's state
of into.ication must be proved. *nce
into.ication is established by
satisfactory evidence, in the absence
.rillante, )r*

of proof to the contrary, it is
presumed to be non-habitual or
unintentional.
I$)r36!%$ %r e836a!%$
6 as an alternative circumstance,
does not refer only to literary but more
to the level of intelligence of the
accused.
- refers to the lac1 of sufficient
intelligence and 1nowledge of the full
significance of one's acts.
- $ow degree of instruction and
education or lac1 of it is generally
mitigating. <igh degree of instruction
and education is aggravating, when the
offender too1 advantage of his learning
in committing the crime.
GENERAL RULE: $ac1 of sufficient
education is mitigating.
EXCEPTIONS:
1. !rimes against property (e.g. arson,
estafa, theft, robbery"
(. !rimes against chastity, and
2. #reason 6 because love of country
should be a natural feeling of every
citiBen, however unlettered or
uncultured he may be.
TITLE TWO: PERSONS CRIMINALLY
LIABLE FOR FELONIES
ART. ,> WHO ARE CRIMINALLY
LIABLE
FOR GRAVE AN& LESS GRAVE FELONIES
1. Principals
(. Accomplices
2. Accessories
FOR LIGHT FELONIES
1. Principals
(. Accomplices
Accessories are not liable for light
felonies.
)7A&*3 %n the commission of light
felonies, the social wrong as well as
the individual pre=udice is so small
that penal sanction is deemed not
necessary for accessories.
#he classification of the offenders as
principal, accomplice, or an
accessory is essential under the )P!.
#he classification maybe applied to
special laws only if the latter
provides for the same graduated
penalties as those provided under
the )P!.
TWO PARTIES IN ALL CRIMES
1. Active subject (the criminal"
Art. 1> enumerates the active
subjects of the crime.
(. Passive subject (the injured party"
%s the holder of the injured right3
the man, the juristic person, the
group, and the &tate.
*nly natural persons can be the
active subject of crime because of
the highl0 personal nature of the
criminal responsibility.
<owever, corporation and
partnership can be a passive subject
of a crime.
!orpses and animals cannot be
passive subjects because they have
no rights that may be injured.
7;!7P#%*3 5nder Art. (/2, the
crime of defamation may be
committed if the imputation tends to
blac1en the memory of one who is
dead.
#his article applies only when the
offenders are to be judged by their
individual, and not collective,
liability.
ART. ,A PRINCIPALS
THE FOLLOWING ARE PRINCIPALS:
1. #hose who ta1e a direct part in the
e.ecution of the act (P)%!%PA$ 0M
=%)7!# PA)#%!%PA#%*"
(. #hose who directly force or induce
others to commit it (P)%!%PA$ 0M
%=5!#%*"
C$AIRPERSONS
2. #hose who cooperate in the
commission of the offense by
another act without which it would
not have been accomplished
(P)%!%PA$ 0M %=%&P7&A0$7
!**P7)A#%*".
Par. 1 Principals by direct
participation
RE=UISITES:
1. #hat they participated in the
criminal resolution9 and
2. #hat they carried out their plan and
personall0 too1 part in its e.ecution
by acts which directl0 tended to the
same end.
MEANING OF /(er)%$a##< %%5 (ar !$
!) eFe63!%$1
#hat the principal by direct participation
must be at the scene of the commission
of the crime, personally ta1ing part in its
e.ecution.
Par. 2 Principals by induction
RE=UISITES
1. #hat the inducement be made
directly with the intention of
procuring the commission of the
crime9 and
(. #hat such inducement be the
determining cause of the commission
of the crime by the material
e.ecutor.
*ne cannot be held guilty of having
instigated the commission of the
crime without first being shown that
the crime was actually committed
(or attempted" by another.
#hus, there can be no principal
by inducement (or by indispensable
cooperation" unless there is a
principal by direct participation. 0ut
there can be a principal by direct
participation without a principal by
inducement (or by indispensable
cooperation".
TWO WAYS OF BECOMING PRINCIPAL BY
IN&UCTION:
1. 0y directly forcing another to
commit a crime by 6
a" 5sing irresistible force.
b" !ausing uncontrollable fear.
%n these cases, there is no
conspiracy, not even a unity of
criminal purpose and intention.
*nly the one using the force or
causing the fear is criminally
liable. #he material e.ecutor is
not criminally liable because of
Art. 1(, pars. / and > (e.empting
circumstances"
(. 0y directly inducing another to
commit a crime by 6
a" ,iving of price, or offering of
reward or promise.
#he one giving the price or
offering the reward or
promise is a principal by
inducement while the one
committing the crime in
consideration thereof is a
principal by direct
participation. #here is
collective criminal
responsibility.
b" 5sing words of command
#he person who used the
words of command is a
principal by inducement
while the person who
committed the crime
because of the words of
command is a principal by
direct participation. #here
is also collective criminal
responsibility.
#he inducement must precede the
act induced and must be so
influential in producing the criminal
act that without it, the act would
not have been performed.
%f the person who actually
committed the crime had reason of
his own to commit the crime, it
cannot be said that the inducement
was influential in producing the
criminal act.
PRINCIPAL BY
IN&UCEMENT
OFFEN&ER WHO
MA&E PROPOSAL
TO COMMIT A
FELONY
.rillante, )r*

I$ "%'
#here is an inducement to commit a crime
W'e$ #!a"#e
0ecomes liable only
when the crime is
committed by the
principal by direct
participation.
#he mere proposal to
commit a felony is
punishable in treason
or rebellion.
<owever, the person
to whom the
proposal is made
should not commit
the crime,
otherwise, the
proponent becomes
a principal by
inducement.
W'a 5!$8 %4 6r!7e !$9%#9e8
%nvolves any crime #he proposal to be
punishable must
involve only treason
or rebellion.
EFFECTS OF AC=UITTAL OF PRINCIPAL
BY &IRECT PARTICIPATION UPON
LIABILITY OF PRINCIPAL BY
IN&UCEMENT:
1. !onspiracy is negatived by the
ac4uittal of co-defendant.
(. *ne cannot be held guilty of having
instigated the commission of a crime
without first being shown that the
crime has been actually committed
by another.
0ut if the one charged as
principal by direct participation
is ac4uitted because he acted
without criminal intent or
malice, his ac4uittal is not a
ground for the ac4uittal of the
principal by inducement.
)7A&* +*) #<7 )5$73 %n
e.empting circumstances, such
as when the act is not voluntary
because of lac1 of intent on the
part of the accused, there is a
crime committed, only that the
accused is not a criminal.
Par. 3 Principal by indispensable
cooperation
RE=UISITES:
1. Participation in the criminal
resolution, that is, there is either
anterior conspiracy or unity of
criminal purpose and intention
immediately before the commission
of the crime charged9 and
2. 4ooperation in the commission of
the offense by performing another
act, without which it would not have
been accomplished.
MEANING OF /6%%(era!%$ !$ 'e
6%77!))!%$ %4 'e %44e$)e1
8eans to desire or wish in common a
thing. 0ut that common will or purpose
does not necessarily mean previous
understanding, for it can be e.plained or
inferred from the circumstances of each
case.
%f the cooperation is not
indispensable, the offender is only
an accomplice.
COLLECTIVE CRIMINAL RESPONSIBILITY
#his is present when the offenders
are criminally liable in the same
manner and to the same e.tent. #he
penalty to be imposed must be the
same for all.
Principals by direct participation
have collective criminal
responsibility. Principals by
induction, e.cept those who directly
forced another to commit a crime,
and principals by direct participation
have collective criminal
responsibility. Principals by
indispensable cooperation have
collective criminal responsibilities
with the principals by direct
participation.
IN&IVI&UAL CRIMINAL RESPONSIBILITY
%n the absence of any previous
conspiracy, unity of criminal purpose
and intention immediately before
the commission of the crime, or
community of criminal design, the
criminal responsibility arising from
different acts directed against one
and the same person is individual
C$AIRPERSONS
and not collective, and each of the
participants is liable only for the act
committed by him.
ART. ,B ACCOMPLICES
Accomplices are persons who, not
acting as principals, cooperate in the
e.ecution of the offense by previous and
simultaneous acts, which are not
indispensable to the commission of the
crime.
#hey act as mere instruments who
perform acts not essential to the
perpetration of the offense.
RE=UISITES:
1. #hat there be community of design9
that is, 1nowing the criminal design
of the principal by direct
participation, he concurs with the
latter his purpose9
(. #hat he cooperates in the e.ecution
of the offense by previous or
simultaneous acts, with the intention
of supplying material or moral aid in
the e.ecution of the crime in an
efficacious way9 and
2. #hat there be a relation between the
acts done by the principal and those
attributed to the person charged as
an accomplice.
0efore there could be an
accomplice, there must be a
principal by direct participation.
#he person charged as an accomplice
should not have inflicted a mortal
wound. %f he inflicted a mortal
wound, he becomes a principal by
direct participation.
%n case of doubt, the participation of
the offender will be considered that
of an accomplice rather than that of
a principal.
ART. ,C ACCESSORIES
Accessories are those who 6
- having 1nowledge of
the commission of
the crime, and
- without having
participated therein
either as principals
or accomplices, ta1e
part subse4uent to
its commission in any
of the following acts3
1. 0y profiting themselves or assisting
the offender to profit by the effects
of the crime.
(. Assisting the offender to profit by
the effects of the crime.
2. 0y concealing or destroying the body
of the crime to prevent its discovery.
%n profiting by the effects of the
crime, the accessory must receive
the property from the principal. <e
should not ta1e it without the
consent of the principal. %f he too1 it
without the consent of the principal,
he is not an accessory but a principal
in the crime of theft.
TWO CLASSES OF ACCESSORIES
CONTEMPLATE& IN PAR. + OF ART. ,C
a" Public officers who harbor, conceal
or assist in the escape of the
principal of any crime (not light
felony" with abuse of his public
functions.
Re23!)!e):
1. #he accessory is a public officer.
(. <e harbors, conceals, or assists
in the escape of the principal.
2. #he public officer acts with
abuse of his public functions.
4. #he crime committed by the
principal is any crime, provided
it is not a light felony.
b" Private persons who harbor, conceal
or assist in the escape of the author
of the crime who is guilty of treason,
parricide, murder, or attempts
against the life of the President, or
who is 1nown to be habitually guilty
of some other crime.
Re23!)!e):
1. #he accessory is a private
person.
(. <e harbors, conceals or assists in
the escape of the author of the
crime.
2. #he crime committed by the
principal is either3
.rillante, )r*

i. #reason,
ii. Parricide,
iii. 8urder,
iv. An attempt against the life of
the President, or
v. #hat the principal is 1nown to
be habitually guilty of some
other crime.
-here the alleged principal is
ac4uitted, it is neither proper nor
possible to convict the defendant as
an accessory. #he responsibility of
the accessory is subordinate to that
of the principal in a crime
<*-7:7), conviction of an
accessory is possible notwithstanding
the ac4uittal of the principal, if the
crime was in fact committed, but
the principal was not held liable,
because of an e.empting
circumstance (Art. 1(", such as
insanity or minority.
either the letter nor the spirit of
the law re4uires that the principal
be convicted before one may be
punished as an accessory. As long as
the corpus delicti is proved and the
accessory's participation as such is
shown, he can be held criminally
responsible and meted out the
corresponding penalty (7novero vs.
4oronel" 4A" )9 O.#. '&)*-.
#he prescribed acts of the accessory
under par. ( must have been
intended to prevent the discovery of
the crime, hence, mere silence does
not ma1e one an accessory. %f,
however, the crime involved is a
conspiracy to commit treason, his
silence may hold him liable for
misprision of treason (Art. 11>" but
as a principal thereof.
-here the accused misleads the
authorities by giving them false
information, such act is e4uivalent
to concealment and he should be
held as an accessory.
A$!-Fe$6!$: LaE %4 ,CAC
Pre). &e6ree ,>,2
+encing 6 is an act, with intent to gain,
of buying, selling, receiving, possessing,
1eeping, or in any other manner dealing
in anything of value which a person
1nows or should have 1nown to be
derived from the proceeds of the crime
of robbery or theft.
+ence 6 is a person who commits the act
of fencing. A fence who receives stolen
property as above-provided is not an
accessory but a principal in the crime
defined in and punished by the Anti-
+encing $aw.
8ere possession of anything of value
which has been the subject of robbery or
theft shall be prima facie evidence of
fencing.
ART. 2- ACCESSORIES WHO ARE
EXEMPT FROM CRIMINAL LIABLITY
#he e.emption provided for in this
article is based on the ties of blood
and the preservation of the
cleanliness of one's name, which
compels one to conceal crimes
committed by relatives so near as
those mentioned in this article.
AN ACCESSORY IS EXEMPT FROM
CRIMINAL LIABLITY WHEN THE
PRINCIPAL IS HIS
1. spouse, or
(. ascendant, or
2. descendant, or
4. legitimate, natural or adopted
brother, sister or relative by affinity
within the same degree.
ACCESSORY IS NOT EXEMPT FROM
CRIMINAL LIABILITY EVEN IF THE
PRINCIPAL IS RELATE& TO HIM0 IF SUCH
ACCESSORY
1. profited by the effects of the crime,
or
(. assisted the offender to profit by the
effects of the crime.
)7A&*3 0ecause such acts are
prompted not by affection but by a
detestable greed.
Public officer contemplated in par. 2
of Art. 1F is e.empt by reason of
C$AIRPERSONS
relationship to the principal, even if
such public officer acted with abuse
of his official functions.
)7A&*3 #ies of blood or relationship
constitutes a more powerful
incentive than the call of duty.
P.&. ,B2C penaliBes the act of any
person who 1nowingly or willfully
obstructs, impedes, frustrates or delays
the apprehension of suspects and the
investigation and prosecution of criminal
cases.
#he benefits of the e.ception in Art.
(? do not apply to P= 1D(F.
TITILE THREE: PENALTIES
C'a(er O$e: Pe$a#!e) !$ Ge$era#
*Ar). 2,-2;.
Pe$a#< 6 is the suffering that is inflicted
by the &tate for the transgression of the
law.
&IFFERENT DURI&ICAL CON&ITIONS OF
PENALTY
1. 8ust be productive of suffering,
without however affecting the
integrity of the human personality.
(. 8ust be commensurate with the
offense 6 different crimes must be
punished with different penalties.
2. 8ust be personal 6 no one should be
punished for the crime of another.
4. 8ust be legal 6 it is the conse4uence
of a judgment according to law.
/. 8ust be certain 6 no one may escape
its effects.
>. 8ust be e4ual for all.
E. 8ust be correctional.
PURPOSE OF THE STATE IN PUNISHING
CRIMES
#he &tate has an e.istence of its own
to maintain, a conscience to assert, and
moral principles to be vindicated. Penal
justice must therefore be e.ercised by
the &tate in the service and satisfaction
of a duty, and rests primarily on the
moral rightfulness of the punishment
inflicted.
#he basis of the right to punish
violations of penal law is the police
power of the &tate.
THEORIES DUSTIFYING PENALTY:
1. Prevention 6 to prevent or suppress
the danger to the &tate arising from
the criminal act of the offender.
(. &elf-defense 6 so as to protect
society from the threat and wrong
inflicted by the criminal.
2. )eformation 6 the object of
punishment in criminal cases is to
correct and reform the offender.
4. 7.emplarity 6 the criminal is
punished to serve as an e.ample to
deter others from committing
crimes.
/. Lustice 6 that crime must be
punished by the &tate as an act of
retributive justice, a vindication of
absolute right and moral law
violated by the criminal.
THREE-FOL& PURPOSE OF PENALTY
UN&ER THE CO&E:
1. )etribution or e.piation 6 the
penalty is commensurate with the
gravity of the offense.
(. !orrection or reformation 6 shown by
the rules which regulate the
e.ecution of the penalties consisting
in deprivation of liberty.
2. &ocial defense 6 shown by its
infle.ible severity to recidivists and
habitual delin4uents.
ART. 2, PENALTIES THAT MAY BE
IMPOSE&
A felony shall be punishable only
by the penalty prescribed by law at the
time of its commission.
%t is a guaranty to the citiBen of
this country that no acts of his,
will be considered criminal until
the ,overnment has made it so
by law and has provided a
penalty.
)7A&*3 0ecause a law cannot
be rationally obeyed unless it is
.rillante, )r*
PRESJ

first shown, and a man cannot be
e.pected to obey an order that
has not been given.
ART. 22 RETROACTIVE EFFECT OF
PENAL LAWS
,77)A$ )5$73 Penal laws are
applied prospectively.
7;!7P#%*3 -hen retrospective
application will be favorable to the
person guilty of a felony9 Provided
that3
1. #he offender is *# a habitual
criminal (delin4uent" under Art.
>((/"9
2. #he new or amendatory law does
*# provide against its retrospective
application.
Ha"!3a# 8e#!$23e$ 6 a person who,
within a period of ten years from the
date of his release or last conviction of
the crimes of serious or less serious
physical injuries, robbery, theft, estafa,
or falsification, is found guilty of any
said crimes a third time or oftener.

EX POST FACTO LAW
An act which when committed was not a
crime, cannot be made so by statute
without violating the constitutional
inhibition as to e. post facto laws. An e.
post facto law is one which3
1. 8a1es criminal an act done before
the passage of the law and which
was innocent when done9
(. Aggravates a crime, or ma1es it
greater than it was, when
committed9
2. !hanges the punishment and inflicts
a greater punishment than the law
anne.ed to the crime when
committed9
4. Alters the legal rules of evidence,
and authoriBes conviction upon a less
or different testimony than the law
re4uired at the time of the
commission of the offense9
/. Assumes to regulate civil rights and
remedies only, in effect imposing a
penalty or deprivation of a right for
something which when done was
lawful9 and
>. =eprives a person accused of a crime
of some lawful protection to which
he has become entitled, such as the
protection of a former conviction or
ac4uittal, or a proclamation of
amnesty.
%f retroactive effect of a new
law is justified, it shall apply
to the defendant even if he
is3
1. presently on trial
for the offense9
2. has already been
sentenced but service of which
has not begun9 or
2. already serving
sentence
#he retroactive effect of criminal
statutes does not apply to the
culprit's civil liability.
)7A&*3 #he rights of offended
persons or innocent third parties are
not within the gift of arbitrary
disposal of the &tate.
#he provisions of Art. (( are
applicable even to special laws
which provide more favorable
conditions to the accused.
Cr!7!$a# #!a"!#!< 3$8er 'e re(ea#e8
#aE )3")!)):
1. -hen the provisions of the former
law are reenacted9 or
#he right to punish offenses
committed under an old penal
law is not e.tinguished if the
offenses are still punishable in
the repealing penal law.
(. -hen the repeal is by implication9 or
-hen a penal law, which
impliedly repealed an old law, is
itself repealed, the repeal of the
repealing law revives the prior
penal law, unless the language
of the repealing statute provides
otherwise.
%f the repeal is absolute, criminal
liability is obliterated.
2. -hen there is a saving clause.
C$AIRPERSONS
ART. 2+- EFFECT OF PAR&ON BY THE
OFFEN&E& PARTY
,77)A$ )5$7 6 Pardon by the offended
party does not e.tinguish the criminal
liability of the offender. )7A&*3 A
crime committed is an offense against
the &tate. *nly the !hief 7.ecutive can
pardon the offenders.
7;!7P#%* - Pardon by the offended
party will bar criminal prosecution in the
following crimes3
Adultery and !oncubinage (Art.
244, )P!"
6 7;P)7&& or %8P$%7= pardon
must be given by offended party to 0*#<
offenders.
- Pardon must be given P)%*) to
institution of criminal action.
&eduction, Abduction, Acts of
$asciviousness (Art. 244, )P!"
6 7;P)7&& pardon given by
offended party or her parents or
grandparents or guardian
- Pardon must be given P)%*) to
the institution of the criminal action.
<owever, marriage between the
offender and the offended party 7:7
A+#7) the institution of the criminal
action or conviction of the offender will
e.tinguish the criminal action or remit
the penalty already imposed against the
offender, his co-principals, accomplices
and accessories after the fact.
)ape (as amended by ).A. D2/2"
- #he subse4uent valid marriage
between the offender and the offended
party shall e.tinguish criminal liability or
the penalty imposed. %n case the legal
husband is the offender, subse4uent
forgiveness by the wife as offended
party shall also produce the same effect.
Pardon by the offended party under
Art. 244 is *$M A 0A) to criminal
prosecution9 it is *# a ground for
e.tinguishment of criminal liability.
evertheless, civil liability may be
e.tinguished by the 7;)7&& -A%:7)
of the offended party.
AN OFFENSE CAUSES
TWO CLASSES OF INDURIES:
SOCIAL INDURY PERSONAL INDURY
Produced by the
disturbance and
alarm which are the
outcome of the
offense.
!aused to the victim
of the crime who
suffered damage
either to his person, to
his property, to his
honor or to her
chastity.
%s sought to be
repaired through
the imposition of
the corresponding
penalty.
%s repaired through
indemnity.
#he offended party
cannot pardon the
offender so as to
relieve him of the
penalty.
#he offended party
may waive the
indemnity and the
&tate has no reason to
insist in its payment.
ART. 2; MEASURES OF PREVENTION
OR SAFETY WHICH ARE NOT
CONSI&ERE& PENALTIES
THE FOLLOWING ARE NOT CONSI&ERE&
AS PENALTIES:
1. #he arrest and temporary detention
of accused persons, as well as their
detention by reason of insanity or
imbecility, or illness re4uiring their
confinement in a hospital.
(. #he commitment of a minor to any
of the institutions mentioned in Art.
D? (now Art. 1F(, P= o. >?2" and
for the purposes specified therein.
2. &uspension from the employment or
public office during the trial or in
order to institute proceedings.
4. +ines and other corrective measures
which, in the e.ercise of their
administrative or disciplinary
.rillante, )r*

powers, superior officials may
impose upon their subordinates.
/. =eprivation of rights and the
reparations which the civil law may
establish in penal form.
Rea)%$) E'< 'e< are $% (e$a#!e):
1. 0ecause they are not imposed as a
result of judicial proceedings. #hose
mentioned in paragraphs 1, 2 and 4
are merely preventive measures
before conviction of offenders.
(. #he offender is not subjected to or
made to suffer these measures in
e.piation of or as punishment for a
crime.
Par. 1 does not refer to the
confinement of an insane or imbecile
who has not been arrested for a
crime. %t refers to @accused personsA
who are detained @by reason of
insanity or imbecility.A
Paragraphs 2 and 4 refer to
administrative suspension and
administrative fines and not to
suspension or fine as penalties for
violations of the )P!.
#he deprivations of rights
established in penal form by the civil
laws is illustrated in the case of
parents who are deprived of their
parental authority if found guilty of
the crime of corruption of their
minor children, in accordance with
Art. 22( of the !ivil !ode.
-here a minor offender was
committed to a reformatory
pursuant to Art. D? (now, P= >?2",
and while thus detained he commits
a crime therein, he cannot be
considered a 4uasi-recidivist since
his detention was only a preventive
measure, whereas a 4uasi-recidivism
presupposes the commission of a
crime during the service of the
penalty for a previous crime.

C'a(er TE%: C#a))!4!6a!%$ %4 Pe$a#!e)
*Ar). 2G-2>.
ART. 2G PENALTIES WHICH MAY BE
IMPOSE&
#he scale in Art. (/ is only a general
classification of penalties based on
their severity, nature and subject
matter.
#he scale of penalties in Art. E? is
provided for successive service of
sentences imposed on the same
accused, in consideration of their
severity and natures.
#he scales in Art. E1 are for the
purpose of graduating the penalties
by degrees in accordance with the
rules in Art. >1.
CLASSIFICATION OF PENALTIES UN&ER
ARTICLE 2G:
a" 0ased on their severity or gravity
1. !apital,
(. Afflictive,
2. !orrectional,
4. $ight
#his classification corresponds to
the classification of felonies in
Art. F, into grave, less grave and
light.
b" 0ased on their nature
1. Principal penalties 6 those
e.pressly imposed by the court
in the judgment of conviction.
8ay be further classified based
on divisibility
i. =ivisible 6 are those that
have fi.ed duration and
are divisible into three
periods.
ii. %ndivisible 6 are those
which have no fi.ed
duration. #hese are3
1" =eath
2) $eclusi.n perpetua
3) Perpetual absolute
or special
dis4ualification
4" Public censure
C$AIRPERSONS
(. Accessory penalties 6 are those
that are deemed included in the
principal penalties.
c" 0ased on subject matter
1. !orporal (death".
(. =eprivation of freedom
(reclusion, prision, arresto".
2. )estriction of freedom
(destierro".
4. =eprivation of rights
(dis4ualification and suspension".
/. Pecuniary (fine".
Perpetual or temporary absolute
dis4ualification, perpetual or
temporary special dis4ualification,
and suspension may be principal or
accessory penalties.
7;A8P$7&3
%. Perpetual absolute
dis4ualification is a principal
penalty in prevaricacion (Art.
(?4" and perpetual special
dis4ualification, in
malversation (Art. (1E".
%%. #emporary absolute
dis4ualification is a principal
penalty when the accessory
acts with abuse of public
functions (Art, 1FI2J and Art.
/D" and temporary special
dis4ualification, in direct
bribery (Art. (?>".
%%%. &uspension is a principal
penalty in rendition of unjust
interlocutory orders (Art. (?>".
0ond to 1eep the peace is imposed
only in the crime of threats (Art.
(D4", either grave (Art. (D(" or light
(Art. (D2".

ART. 2> FINE WHEN AFFLICTIVE0
CORRECTIONAL OR LIGHT
FINE IS:
1. Afflictive 6 over P>,???.??
(. !orrectional 6 P(??.?? to P>,???.??
2. $ight penalty 6 less than P(??.??
&ame basis may be applied to
0ond to 1eep the peace by
analogy.
#his article determines the
classification of a fine whether
imposed as a single or as an
alternative penalty for a crime.
#he rule herein does not apply
where the fine involved is in a
compound penalty, that is, it is
imposed in conjunction with
another penalty.
-here the fine in 4uestion is e.actly
P(??, under Art. F it is a light
felony, hence the felony involved is
a light felony9 whereas under Art.
(>, it is a correctional penalty,
hence the offense involved is a less
grave felony. %t has been held that
this discrepancy should be resolved
liberally in favor of the accused,
hence Art. F prevails over Art. (>
(People vs. @u Aai" 33 Phil. (+9-.
<*-7:7), according to Lustice
)egalado there is no such
discrepancy. -hat is really in issue is
the prescription of the offense vis:a:
vis the prescription of the penalty,
the former being the forfeiture of
the right of the &tate to prosecute
the offender and the latter being the
loss of its power to enforce the
judgment against the convict.
C'a(er T'ree: &3ra!%$ a$8 E44e6) %4
Pe$a#!e) *Ar). 2A-;G.
Se6!%$ O$e 3uration of Penalties
ART. 2A &URATION OF EACH
&IFFERENT PENALTIES
1. $eclusi.n perpetua 6 (? yrs. and 1
day to 4? yrs.
2. $eclusi.n temporal 6 1( yrs. and 1
day to (? yrs.
3. Prisi.n ma0or and temporary
dis4ualification 6 > yrs. and 1 day to
1( yrs., e.cept when dis4ualification
is an accessory penalty, in which
case its duration is that of the
principal penalty.
4. Prisi.n correccional" suspensi.n, and
destierro 6 > mos. and 1 day to >
yrs., e.cept when suspensiNn is an
accessory penalty, in which case its
.rillante, )r*

duration is that of the principal
penalty.
5. Arresto ma0or 6 1 mo. And 1 day to >
mos.
6. Arresto menor 6 1 day to 2? days
E. 0ond to 1eep the peace 6 the period
during which the bond shall be
effective is discretionary on the
court.
>estierro is a principal, correctional
and divisible penalty.
I$ E'a 6a)e) !) destierro !7(%)e8@
1. &erious physical injuries or death
under e.ceptional circumstances.
(Art. (4E"
(. %n case of failure to give bond for
good behavior. (Art. (D4"
2. As a penalty for the concubine in
concubinage. (Art. 224"
4. %n cases where after reducing the
penalty by one or more degrees,
destierro is the proper penalty.
ART. 2B COMPUTATION OF
PENALTIES
1. -hen the offender is in prison 6 the
duration of temporary penalties is
from the day on which the judgment
of conviction becomes final.
(. -hen the offender is not in prison 6
the duration of penalties consisting
in deprivation of liberty, is from the
day that the offender is placed at
the disposal of judicial authorities
for the enforcement of the penalty.
2. #he duration of other penalties 6 the
duration is from the day on which
the offender commences to serve his
sentence.
ART. 2C PERIO& OF PREVENTIVE
IMPRISONMENT &E&UCTE& FROM TERM
OF IMPRISONMENT
Pre9e$!9e !7(r!)%$7e$ 6 is the period
of detention undergone by an accused
where the crime with which he is
charged is non-bailable or, even if
bailable, he is unable to post the
re4uisite bail.
#hese rules on preventive
imprisonment apply to all sentences
regardless of the duration thereof,
including the so-called perpetual
penalties as long as they involve
deprivation of liberty. %t applies to
destierro.
W'e$ !) 'e 8ee$!%$ (r!)%$er e$!#e8
% 'e 43## 6re8! %4 '!) (re9e$!9e
!7(r!)%$7e$@
%f the detention prisoner agrees
voluntarily in writing to abide by the
same disciplinary rules imposed upon
convicted prisoners.
W'e$ E!## 'e "e 6re8!e8 %$#< E!'
4%3r-4!4') 'e !7e 83r!$: E'!6' 'e
'a) 3$8er:%$e (re9e$!9e
!7(r!)%$7e$@
%f the detention prisoner does not agree
to abide by the same disciplinary rules
imposed upon convicted prisoners.
%n the case of a youthful offender
who has been proceeded against
under the !hild and Mouth -elfare
!ode, he shall be credited in the
service of his sentence with the full
time of his actual detention,
whether or not he agreed to abide
by the same disciplinary rules of the
institution.
T'e 4%##%E!$: %44e$8er) are $%
e$!#e8 % "e 6re8!e8 E!' 'e 43##
!7e %r 4%3r-4!4') %4 'e !7e %4
(re9e$!9e !7(r!)%$7e$:
1. )ecidivists or those convicted
previously twice or more times of
any crime.
(. #hose who, upon being summoned
for the e.ecution of their sentence,
failed to surrender voluntarily.
<abitual delin4uents are included in
o. 1.
o. ( refers to convicts who failed to
voluntarily surrender to serve their
penalties under a final judgment,
since this is indicative of a greater
defiance of authority. %t does not
refer to failure or refusal to
C$AIRPERSONS
voluntarily surrender after the
commission of the crime.
Se6!%$ TE% 'ffects of the penalties
according to their respective nature.
A plebiscite is not mentioned or
contemplated in Art.2?, par. (
(deprivation of the right to
vote", hence, the offender may
vote in that e.ercise, subject to
the provisions of pertinent
election laws at the time.
Perpetual absolute dis4ualification is
effective during the lifetime of the
convict and even after the service of
the sentence.
#emporary absolute dis4ualification
lasts during the term of the
sentence, and is removed after the
service of the same, 7;!7P#3
1" =eprivation of the public office
or employment, and
(" $oss of all rights to retirement
pay or other pension for any
office formerly held.
0ond to 1eep the peace is different
from bail bond which is posted for
the provisional release of a person
arrested for or accused of a crime.
CIVIL INTER&ICTION IN ART. +; IS
IMPOSE& WHEN THE PENALTY IS:
1. =eath which is not carried out,
2. $eclusi.n perpetua,or
3. $eclusi.n temporal
ART. +> PAR&ONH ITS EFFECTS
EFFECTS OF PAR&ON BY THE
PRESI&ENT
1. A pardon shall not restore the right
to hold public office or the right of
suffrage.
7;!7P#%*3 -hen any or both such
rights isHare e.pressly restored by
the terms of the pardon.
(. %t shall not e.empt the culprit from
the payment of the civil liability.
LIMITATIONS UPON THE EXERCISE OF
THE PAR&ONING POWER:
1. #hat the power can be e.ercised
only after conviction @by final
judgmentA9
(. #hat such power does not e.tend to
cases of impeachment.
GENERAL RULE: -hen the principal
penalty is remitted by pardon, only the
effect of that principal penalty is
e.tinguished, but not the accessory
penalties attached to it.
EXCEPTION: -hen an absolute pardon is
granted after the term of imprisonment
has e.pired, it removes what is left of
the conse4uences of conviction.
PAR&ON BY THE
CHIEF EXECUTIVE
*ART. +>.
PAR&ON BY
OFFEN&E& PARTY
*ART. 2+.
A) % 'e 6r!7e 6%9ere8
!an e.tend to any
crime, unless
otherwise provided
by or subject to
conditions in the
!onstitution or the
laws.
Applies only to
crimes against
chastity under the
)P!.
A) % eF!$:3!)'7e$ %4 6r!7!$a#
#!a"!#!<
7.tinguishes
criminal liability.
=oes not e.tinguish
criminal liability
although it may
constitute a bar to
the prosecution of
the offender.
A % 'e e44e6 %$ 6!9!# #!a"!#!<
!annot affect the
civil liability e.
delicto of the
offender.
#he offended party
can waive the civil
liability.
W'e$ :ra$e8
!an be e.tended
only after
conviction by final
judgment of the
accused.
!an be validly
granted only before
the institution of
the criminal action.
T% E'%7 :ra$e8
#o any or all of the
accused
%n adultery and
concubinage, must
include both
offenders.
A) % E'e'er ! 6a$ "e 6%$8!!%$a#
.rillante, )r*

8ay be absolute or
conditional
!annot validly be
made subject to a
condition.
ART. +A COSTS
C%)) %r 6%)) %4 )3! 6 are the e.penses
of litigation allowed and regulated by
the )ules of !ourt to be assessed against
or to be recovered by a party in
litigation.
THE FOLLOWING ARE INCLU&E& IN
COSTS:
1. +ees, and
(. %ndemnities, in the course of judicial
proceedings.
Are chargeable to the accused only
in cases of conviction. %n case of
ac4uittal, the costs are de oficio,
meaning each party bearing his own
e.penses.
#he payment of costs is a matter
that rests entirely upon the
discretion of courts.
ART. +B - PECUNIARY LIABILITIES
W'a are 'e (e63$!ar< #!a"!#!!e) %4
(er)%$) 6r!7!$a##< #!a"#e@
#hey are, in the following order3
1. #he reparation of the damage
caused
2. %ndemnification of the conse4uential
damages
2. +ine
4. !osts of proceedings.
W'e$ !) Ar.+B a((#!6a"#e@
%n case the property of the offender
should not be sufficient for the payment
of all his pecuniary liabilities.
ART. +C SUBSI&IARY PENALTY
S3")!8!ar< (e$a#< 6 it is a subsidiary
personal liability to be suffered by the
convict who has no property with which
to meet the fine, at the rate of one day
for each eight pesos (PD.??", subject to
the rules provided for in Art. 2F.
&ubsidiary penalty shall be proper
only if the accused has no property
with which to pay the fine, and not
as a matter of choice on his part by
opting to go to jail instead of paying.
&ubsidiary penalty is not an
accessory penalty, hence it must be
specifically imposed by the court in
its judgment, otherwise the accused
cannot be made to serve the
corresponding subsidiary
imprisonment.
RULES AS TO SUBSI&IARY PENALTY
1. %f the penalty imposed is prisi.n
correccional or arresto and fine 6
subsidiary imprisonment is not to
e.ceed 1H2 of the term of the
sentence, and in no case to continue
for more than one year. +raction or
part of a day, not counted.
(. -hen the penalty imposed is fine
only 6 subsidiary imprisonment
a" not to e.ceed > months 6 if the
culprit is prosecuted for grave or
less grave felony, and
b" not to e.ceed 1/ days 6 if
prosecuted for light felony.
3. -hen the penalty imposed is higher
than prisi.n correccional 6 no
subsidiary imprisonment.
4. %f the penalty imposed is not to be
e.ecuted by confinement, but of
fi.ed duration 6 subsidiary penalty
shall consist in the same deprivations
as those of the principal penalty,
under the same rules as nos. 1, ( and
2 above.
/. %n case the financial circumstances
of the convict should improve, he
shall pay the fine, notwithstanding
the fact that the convict suffered
subsidiary personal liability therefor.
-hen the penalty prescribed for the
offense is imprisonment, it is the
penalty actually imposed by the
C$AIRPERSONS
!ourt, not the penalty provided for
by the !ode, which should be
considered in determining whether
or not subsidiary penalty should be
imposed.

NO SUBSI&IARY PENALTY SHALL BE
IMPOSE& WHERE:
1. #he penalty imposed is higher than
prisi.n correccional or > years,
Additional penalty for habitual
delin4uency should be included
in determining whether or not
subsidiary penalty should be
imposed.
(. +or non-payment of reparation or
indemnification,
2. +or non-payment of costs, and
4. -here the penalty imposed is a fine
and another penalty without fi.ed
duration, li1e censure.
#he rules on subsidiary penalty in
Art. 2F are applicable to crimes
punishable by special laws by force
of Art. 1? of the !ode.
Se6!%$ T'ree Penalties in which
other accessory penalties are inherent
OUTLINE OF ACCESSORY PENALTIES
INHERENT IN PRINCIPAL PENALTIES
1. =eath, when not e.ecuted by reason
of commutation or pardon
i. Perpetual absolute
dis4ualification, and
ii. !ivil interdiction during 2? years,
if not e.pressly remitted in the
pardon.
2. $eclusi.n perpetua and reclusi.n
temporal
i. !ivil interdiction for life or
during the sentence, and
ii. Perpetual absolute
dis4ualification, unless e.pressly
remitted in the pardon of the
principal penalty.
3. Prisi.n ma0or
i. #emporary absolute
dis4ualification, and
ii. Perpetual special dis4ualification
from suffrage, unless e.pressly
principal penalty.
4. Prisi.n correccional
i. &uspension from public office,
profession or calling, and
ii. Perpetual special dis4ualification
from suffrage, if the duration of
imprisonment e.ceeds 1D
months, unless e.pressly
principal penalty.
#here is perpetual special
dis4ualification from suffrage,
only when the duration of the
imprisonment e.ceeds 1D
months.
5. Arresto 6 suspension of the right to
hold office and the right of suffrage
during the term of the sentence.
#he !ode does not provide for any
accessory penalty for destierro.
RECLUSION
PERPETUA
LIFE
IMPRISONMENT
<as a specific
duration of (? years
and 1 day to 4? years
and accessory
penalties.
<as no definite term
or accessory
penalties.
%mposable on
felonies punished by
the )P!.
%mposable on crimes
punishable by special
laws.
ART. ;G CONFISCATION AN&
FORFEITURE OF THE PROCEE&S OF THE
CRIME
OUTLINE OF THE PROVISION OF THIS
ARTICLE
1. 7very penalty imposed carries with it
the forfeiture of the proceeds of the
crime and the instruments or tools
used in the commission of the crime.
(. #he proceeds and instruments or
tools of the crime are confiscated
and forfeited in favor of the
,overnment.
.rillante, )r*

2. Property of a third person not liable
for the offense, is not subject to
confiscation and forfeiture.
4. Property not subject of lawful
commerce (whether it belongs to the
accused or to third person" shall be
destroyed.
#he confiscation and forfeiture of
the proceeds and instruments of a
crime is an accessory penalty.
T'e (r%9!)!%$) %4 Ar. ;G 6a$$% a((#<
E'e$
1. #he instruments belong to innocent
third parties,
(. &uch properties have not been
placed under the jurisdiction of the
court, and
2. -hen it is legally or physically
impossible.
#his accessory penalty presupposes a
judgment of conviction. <owever,
even if the accused is ac4uitted on
reasonable doubt, but the
instruments or proceeds are
contraband, the judgment of
ac4uittal shall order their forfeiture
for appropriate disposition.
C'a(er F%3r: A((#!6a!%$ %4 Pe$a#!e)
*Ar). ;>-A2.
Se6!%$ O$e .ules for application of
penalties to the persons criminally
liable and for the graduation of the
same.
ART. ;>. PENALTY TO BE IMPOSE&
UPON PRINCIPALS IN GENERAL
GENERAL RULE: #he penalty prescribed
by law in general terms shall be imposed
upon the principals for a consummated
felony.
EXCEPT: -hen the penalty to be
imposed upon the principal in frustrated
or attempted felony is fi.ed by law.
GRA&UATION OF PENALTIES
1. 0M =7,)77& 6 refers to
a) the stages of execution
(consummated, frustrated, or
attempted"9 and
b) the degree of the criminal
participation of the offender
(whether as principal, accomplice or
accessory".
(. 0M P7)%*=& 6 refers to the proper
period of the penalty which should be
imposed when aggravating or mitigating
circumstances attend the commission of
the crime.
ART. ;A CASES WHEREIN THE &EATH
PENALTY SHALL NOT BE IMPOSE&
1. 5=7) A,7. -hen the offender is
/elow &6 0ears of age at the time of
the commission of the crime.
2. *:7) A,7. -hen the guilty person is
more than sevent0 (E?" years of age.
3. * !*5)# 8AL*)%#M. -hen upon
appeal or automatic review of the
case by the &upreme !ourt, the vote
of eight members is not o/tained for
the imposition of the death penalty.
Automatic review is available only in
cases where death penalty is
imposed ($.A. ()93-.
CRIMES PUNISHABLE BY &EATH UN&ER
THE &EATH PENALTY LAW *RA A>GC.
1. #reason
(. Gualified Piracy
2. Gualified 0ribery
4. Parricide
/. 8urder
>. %nfanticide
E. Oidnapping and &erious %llegal
=etention
D. )obbery 6 with <omicide, )ape,
%ntentional 8utilation, or Arson
F. )ape 6 with the use of a deadly
weapon, or by two or more persons
- where the victim became
insane
- with <omicide
1?. Gualified )ape
11. =estructive Arson
1(. Plunder
12. :iolation of certain provisions of the
=angerous =rugs Act
14. !arnapping
C$AIRPERSONS
ART. ;B COMPLEX CRIMES
CONCEPT:
1. %n comple. crime, although ( or
more crimes are actually committed,
they constitute only one crime in the
eyes of the law as well as in the
conscience of the offender.
2. #he offender has only one criminal
intent, hence there is only one
penalt0 imposed for the commission
of a comple. crime.
TWO KIN&S OF COMPLEX CRIMES:
1. !*8P*5= !)%87 (delito
compuesto" 6 a single act
constitutes ( or more grave or less
grave felonies.
RE=UISITES:
1. #hat only a single act is
performed by the offender9
2. #hat the single act
produces3 (1" two or more
grave felonies, or ((" one or
more grave and one or more
less grave felonies.
2. !*8P$7; !)%87 P)*P7)
(delito comple=o" 6 an offense is a
necessar0 means for committing
the other.
RE=UISITES:
1. #hat at least two
offenses are committed9
2. #hat one or some of the
offenses must be necessar0
to commit the other9
3. #hat both or all of the
offenses must be punished
under the same statute.
NO COMPLEX CRIME IN THE FOLLOWING
CASES
1. %n case of continuing crimes
2. -hen one offense is committed to
conceal the other.
3. -hen the other crime is an
indispensa/le part or an element of
the other offenses.
4. -here one of the offenses is
penaliBed by a special law.
Art. 4D does not apply when the law
provides one single penalty for
special comple. crime. #hese
include 6
)obbery with <omicide
)obbery with )ape
)ape with <omicide
Oidnapping with &erious
Physical %njuries
Oidnapping with <omicide or
8urder
#he penalty for comple. crime is the
penalty for the most serious crime,
the same to be applied in its
ma.imum period.
%f different crimes resulting from one
single act are punished with the
same penalty, the penalty for any
one of them shall be imposed, the
same to be applied in the ma.imum
period.
Art. 4D applies to crimes through
negligence. 7.g.3 offender found
guilty of a comple. crime of
homicide with less serious physical
injuries through rec1less
imprudence.
-hen ( felonies constituting a
comple. crime are punishable by
imprisonment and fine, respectively,
only the penalty of imprisonment
should be imposed. )7A&*3 fine is
not included in the list of penalties
in the order of severity, and it is the
last in the graduated scales in Art.
E1 of the )P!.
Plurality of &rimes: consists in the
successive e.ecution, by the same
individual, of different criminal acts,
upon any of which no conviction has yet
been declared.
KIN&S:
1. +*)8A$ *) %=7A$ P$5)A$%#M- only
O%E 4$7;7%AL $%A0%$%#M.
#<)77 ,)*5P& 5=7) #<7
+*)8A$ #MP73
a) -hen the offender
commits any of the complex
crimes in A)# 4D.
.rillante, )r*

b) -hen the law
specifically fi.es a single
penalty for two or more
offenses committed.
c) -hen the offender
commits continuing crimes.
(. )7A$ *) 8A#7)%A$ P$5)A$%#M -
=%++7)7# !)%87& in law, as well as
in the conscience of the offender9
the offender shall be P5%&<7= +*)
7A!< and every offense that he
committed.
CONTINUING CRIME is a single crime"
consisting of a series of acts" but all
arising from *7 !)%8%A$ )7&*$5#%*9
length of time in the commission is
immaterial.
REAL OR
MATERIAL
PLURALITY
CONTINUE&
CRIME
1. #here is a series
of acts performed
by the offender
1. #here is a series
of acts performed
by the offender
(. 7ach act
performed by the
offender constitutes
a separate crime,
each act is
generated by a
criminal impulse
(. #he different acts
constitute only one
crime, all of the
acts performed arise
from one criminal
resolution
ART. ;C PENALTY TO BE IMPOSE&
UPON THE PRINCIPALS WHEN THE
CRIME COMMITTE& IS &IFFERENT FROM
THAT INTEN&E&
RULES:
1. %f the penalty for the felony
committed be higher than the
penalty for the offense which the
accused intended to commit, the
lower penalty shall be imposed in its
ma.imum period.
2. %f the penalty for the felony
committed be lower than the
penalty for the offense which the
accused intended to commit, the
lower penalty shall be imposed in its
ma.imum period.
3. %f the act committed also constitutes
an attempt or frustration of another
crime, and the law prescribes a
higher penalty for either of the
latter, the penalty for the attempted
or frustrated crime shall be imposed
in its ma.imum period.
ART. GC. PENALTY TO BE IMPOSE& IN
CASE OF FAILURE TO COMMIT THE
CRIME BECAUSE THE MEANS EMPLOYE&
OR THE AIMS SOUGHT ARE IMPOSSIBLE
#he penalty for impossible crime is
Arresto ;a0or (imprisonment of 1 mo
and 1 day to > mos" or fine ranging from
(??-/??pesos.
0A&%& +*) #<7 %8P*&%#%* *+ P)*P7)
P7A$#M
1. &ocial danger9 and
(. =egree of criminality shown by the
offender
ART. >,. RULES OF GRA&UATING
PENALTIES
According to Arts. /?-/E, the penalty
prescribed by law for the felony shall be
lowered by one or two degrees, as
follows3
1. +or the principal in frustrated felony
6 one degree lower9
(. +or the principal in attempted felony
6 two degrees lower9
2. +or the accomplice in consummated
felony 6 one degree lower9
4. +or the accessory in consummated
felony 6 two degrees lower9
&IAGRAM OF THE APPLICATION OF
ARTS. G-- GA:
CONSUM-
MATE&
FRUS-
TRATE&
ATTEMP-
TE&
Prin ? 1 (
Accom 1 ( 2
Acces ( 2 4
%n this diagram, @?A represents the
penalty prescribed by law in defining a
crime, which is to be imposed on the
principal in a consummated offense, in
accordance with the provisions of Art.
>4. #he other figures represent the
degrees to which the penalty must be
lowered, to meet the different situations
anticipated by law.
C$AIRPERSONS
Se6!%$ TE% .ules for the application
of penalties with regard to the
mitigating and aggravating
circumstances" and habitual
delin*uency
ART. >2. EFFECTS OF THE
ATTEN&ANCE OF MITIGATING OR
AGGRAVATING CIRCUMSTANCES AN& OF
HABITUAL &ELI=UENCY
EFFECTS:
1. Aggravating circumstances (generic
and specific" have the effect of
increasing the penalty, without
however e.ceeding the ma.imum
period provided by law.
2. ;itigating circumstances have the
effect of diminishing the penalty.
3. Aa/itual delin?uenc0 has the effect,
not only of increasing the penalty
because of recidivism which is
generally implied in habitual
delin4uency, but also of imposing an
additional penalty.
RE=UISITES OF HABITUAL &ELI=UENCY:
1. that the offender had been
convicted of any of the crimes of
serious or less serious physical
injuries, robbery, theft, estafa or
falsification.
2. that after conviction or after serving
his sentence, he again committed"
and, within 1? years from his last
release of first conviction, he was
again convicted of any of the said
crimes for the second time.
3. that after his conviction of, or after
serving sentence for the second
offense, he again committed" and,
within 1? years from his last release
or last conviction, he was again
convicted of any of said offenses,
the third time or oftener.
Ha"!3a#!< 8!)!$:3!)'e8 4r%7 re6!8!9!)7
HABITUAL
&ELI=UENCY
RECI&IVISM
A) % 'e CRIMES 6%77!e8
#he crimes are
specified
%t is sufficient that
the accused on the
date of his trial,
shall have been
previously
convicted by final
judgment of
another crime
embraced in the
same title.
A) % 'e PERIO& %4 !7e 'e 6r!7e)
are 6%77!e8
#he offender is found
guilty within ten
years from his last
release or last
conviction.
o period of time
between the
former conviction
and the last
conviction.
A) % 'e NUMBER %4 6r!7e)
6%77!e8
#he accused must be
found guilty the third
time or oftener of
the crimes specified.
#he second offense
is for an offense
found in the same
title.
A) % 'e!r EFFECTS
An additional penalty
is also imposed
%f not offset by a
mitigating
circumstance,
serves to increase
the penalty only to
the ma.imum
ART. >+ RULES FOR THE APPLICATION
OF IN&IVISIBLE PENALTIES
OUTLINE OF THE RULES:
1. -hen the penalty is single
indivisi/le, it shall be applied
regardless of any mitigating (e.cept
if privilege mitigating" or aggravating
circumstances.
2. -hen the penalty is composed of
two indivisi/le penalties, the
following rules shall be observed3
a) -hen there is onl0 one
aggravating circumstance, the
greater penalt0 shall /e
imposed.
b) -hen there is neither
mitigating nor aggravating
circumstances, the lesser
penalty shall be imposed.
c) -hen there is a
mitigating circumstance and no
aggravating circumstance, the
lesser penalty shall be imposed.
.rillante, )r*

d) -hen /oth mitigating
and aggravating circumstances
are present, the court shall
allow them to offset one
another.
ART. >; RULES FOR THE
APPLICATION OF PENALTIES0 WHICH
CONTAIN THREE PERIO&S
CASES IN WHICH MITIGATING AN&
AGGRAVATING CIRCUMSTANCES ARE
NOT CONSI&ERE& IN THE IMPOSITION
OF PENALTY:
1. -hen the penalty is single and
indivisible (e.cept if privileged
mitigating"
(. %n felonies through negligence
2. -hen the penalty is only a fine
imposed by an ordinance
4. -hen the penalties are prescribed by
special laws
ART. >>. IMPOSITION OF FINES
OUTLINE OF THE PROVISION:
1. #he court can fi. any amount of the
fine within the limits established by
law.
(. #he court must consider3 (1" the
mitigating and aggravating
circumstances9 and ((" more
particularly, the wealth or means of
the culprit.
3. #he court ma0 also consider3 (1" the
gravity of the crime committed9 (("
the heinousness of it s perpetration9
and (2" the magnitude of its effects
on the offender's victims.
ART. >B. PENALTY TO BE IMPOSE&
UPON A PERSON UN&ER EIGHTEEN
YEARS OF AGE
APPLICATION OF ART. >B:
#his article is not immediately
applicable to a minor under 1D years
of age, because such minor, if found
guilty of the offense charged, is not
sentenced to any penalty. #he
sentence is suspended and he is
ordered committed to the
reformatory institution, %+, his
application therefore is approved by
the court.
#his article is applicable when the
minor's application for suspension of
sentence is >72APP$O8E> or if while
in the reformatory institution he
becomes %!*))%,%0$7, in which
case he shall be returned to the
court for the imposition of the
proper penalty.
ART. A-. SUCCESSIVE SERVICE OF
SENTENCE
THE THREE-FOL& RULE
1. #<7 8A;%858 =5)A#%* *+ #<7
!*:%!#'& &7#7!7 shall not be
more than three times the length of
time corresponding to the most
severe of the penalties imposed
upon him.
2. 0ut in no case to e.ceed ,* 0ears.
3. #his rule shall apply only when the
convict is to serve , or more
sentences successivel0.
4. &ubsidiary penalty forms part of the
penalty.
&IFFERENT SYSTEMS OF PENALTY0
RELATIVE TO THE EXECUTION OF TWO
OR MORE PENALTIES IMPOSE& ON ONE
AN& THE SAME ACCUSE&
1. ;aterial accumulation s0stem
o limitation whatever, and
accordingly, all the penalties for all
the violations were imposed even if
they reached beyond the natural
span of human life.
(. <uridical accumulation s0stem
$imited to not more than three-
fold the length of time
corresponding to the most severe
and in no case to e.ceed 4? years.
#his is followed in our jurisdiction.
2. A/sorption s0stem
#he lesser penalties are
absorbed by the graver penalties.
C$AIRPERSONS
ART. A2. PREFERENCE IN THE
PAYMENT OF CIVIL LIABILITIES
!ivil liability is satisfied by following the
chronological order of the dates of the
final judgment.
Se6!%$ T'ree Provisions common in
the last two preceding sections *Ar).
A+-AA.
ART. AA. WHEN THE PENALTY IS
A COMPLEX ONE COMPOSE& OF
THREE &ISTINCT PENALTIES
COMPLEX PENALTY : is a penalty
prescribed by law composed of three
distinct penalties, each forming a
period3 the lightest of them shall be the
minimum, the ne.t the medium, and the
most severe the ma.imum period.
IN&ETERMINATE SENTENCE LAW *ISL.
A6 N%. ;,-+ a) a7e$8e8 "< A6 N%.
;22G
CONCEPT OF IN&ETERMINATE
SENTENCE is a sentence with a
minimum term and a maximum term
which, the court is mandated to impose
for the /enefit of a guilt0 person who is
not dis?ualified therefore, when the
ma.imum imprisonment exceeds one (&-
0ear. %t applies to /oth violations of
)evised Penal !ode and special laws.
A. SENTENCE IN THE ISL
%n imposing a prison sentence for an
offense punished by the )evised Penal
!ode or special penal laws, the court
shall sentence the accused to an
indeterminate sentence, which has a
maximum and a minimum term based on
the penalty actually imposed.
%&$ application is mandatory, where
imprisonment would e.ceed one
year.
I. IF THE PENALTY IS
IMPOSE& BY THE RPC:
1. The ;aximum Term B is that which
could be properl0 imposed under the
)P!, considering the aggravating and
mitigating circumstances.
2. The ;inimumTerm B is within the
range of the penalty one degree
lower than that prescribed by the
)P!, without considering the
circumstances.
05# when there is a privileged
mitigating circumstance, so that the
penalty has to be lowered /0 one
degree" the &#A)#%, P*%# for
determining the minimum term of
the indeterminate penalty is the
penalty ne.t lower than that
prescribed by the !ode for the
offense.
II. IF THE PENALTY IS IMPOSE& BY
SPECIAL PENAL LAW
a) The ;aximum Term B must not
e.ceed the ma.imum term fi.ed by
said law.
b) The ;inimum Term B must not be
less than the minimum term
prescribed by the same.
+or &P7!%A$ $A-&, it is anything
within the inclusive range of the
prescribed penalty. !ourts are given
discretion in the imposition of the
indeterminate penalty. #he
aggravating and mitigating
circumstances are not considered
unless the special law adopts the
same terminology for penalties as
those used in the )P! (such as
reclusi.n perpetua and the li1e".
B. WHEN BENEFIT OF THE ISL IS NOT
APPLICABLE:
#he %ndeterminate &entence $aw shall
not apply to the following persons3
1. sentenced to death penalt0 or life
imprisonment
2. treason" or conspirac0 or proposal to
commit treason
3. misprision of treason, rebellion,
sedition or espionage
4. pirac0
/. ha/itual delin?uents
.rillante, )r*

>. escaped from confinement, or
evaded sentence
7. granted with conditional pardon by
the President, but violated the terms
thereof
8. ma.imum term of imprisonment
does not exceed & 0ear
9. sentenced to the penalty of
destierro or suspension only
C. RELEASE OF THE PRISONER ON
PAROLE
#he 0oard of Pardons and Parole ma0
authori5e the release of a prisoner on
parole, after he shall have served the
minimum penalty imposed on him,
provided that3
a) &uch prisoner is fitted by his training
for release,
b) #here is reasonable probability that
he will live and remain at liberty
without violating the law,
c) &uch release will not be
incompatible with the welfare of
society.
&. ENTITLEMENT TO FINAL RELEASE
AN& &ISCHARGE
%f during the period of surveillance such
paroled prisoner shall3 (a" show himself
to be a law abiding citiBen and, (b" shall
not violate any law, the 0oard may issue
a final certification in his favor, for his
final release and discharge.
E. SANCTION FOR VIOLATION OF
CON&ITIONS OF THE PAROLE
-hen the paroled prisoner shall violate
an0 of the conditions of his parole3 (a"
the 0oard ma0 issue an order for his
arrest" and thereafter, (b" the prisoner
shall serve the remaining une.pired
portion of the ma.imum sentence for
which he was originally committed to
prison.
F. REASONS FOR FIXING THE MAXIMUM
AN& MINIMUM TERMS IN THE
IN&ETERMINATE SENTENCE
#he minimum and ma.imum terms in the
%& must be fi.ed, because they are the
basis for the following3
1. -henever a prisoner has3 (a" served
the 8%%858 penalty imposed on
him, and (b" is fit for release of the
prisoner on parole, upon terms and
conditions prescribed by the 0oard.
(. 0ut when the paroled prisoner
violates any of the conditions of his
parole during the period of
surveillance, he may be rearrested
to serve the remaining une.pired
portion of the 8A;%858 sentence.
2. 7ven if a prisoner has already served
the 8%%858, but he is not fitted for
release on the parole, he shall
continue to serve until the end of
the 8A;%858 term.
THE CHIL& AN& YOUTH WELFARE CO&E
*P& >-+0 a) a7e$8e8.
W'% !) a Y%3'43# O44e$8er@
A youthful offender is a child, minor, or
youth, including one who is emancipated
in accordance with law, who is over nine
years but under eighteen years of age at
the time of the commission of the
offense.
A child nine years of age or under at
the time of the commission of the
offense shall be e.empt from
criminal liability and shall be
committed to the care of his or her
father or mother, or nearest relative
or family friend in the discretion of
the court and subject to its
supervision
#he same shall be done for a child
over nine years and under fifteen
years of age at the time of the
commission of the offense, unless he
acted with discernment, in which
case he shall be proceeded against in
accordance with Article 1F(.
1. #he purpose of the !hild and Mouth
-elfare !ode is to avoid a situation
where L5:7%$7 *++7=7)& would
commingle with ordinary criminals in
prison.
(. %f the court finds that the youthful
offender committed the crime
charged against him, it shall
=7#7)8%7 the imposable penalty
and the civil liability chargeable
against him.
C$AIRPERSONS
3. #he court may not pronounce
judgment of conviction but instead
&5&P7= all further proceedings if,
upon application of the youthful
offender, it finds that the best
interest of the pu/lic and that of the
offender will be served thereby.
4. #he benefits of Article 1F( of P=
>?2, as amended, providing for
suspension of sentence, shall *#
APP$M #* (1" a youthful offender
who once en=o0ed suspension of
sentence under its provisions, or (("
one who is convicted of an offense
punishable by death or life
imprisonment.
5. #he youthful offender shall be
)7#5)7= to the committing court
for pronouncement of judgment,
when the youthful offender, (1" has
been found incorrigi/le" or ((" has
willfull0 failed to comply with the
conditions of his rehabilitation
programs9 or (2" when his continued
stay in the training institution would
be inadvisa/le.
>. -hen the youthful offender has
reached the age of #-7#M-*7
while in commitment, the court shall
determine whether-
a) #o =%&8%&& the case, if
the youthful offender has
/ehaved properl0 and has shown
his capability to be a useful
member of the community9 or
b) #o P)**5!7 the
judgment of conviction, if the
conditions mentioned are not
met.
7. %n the latter case, the convicted
offender may apply for P)*0A#%*.
%n any case, the youthful offender
shall be credited in the service of his
sentence with the full time spent in
actual commitment and detention.
D. #he final release of a youthful
offender, based on good conduct as
provided in Art. 1F> shall not
obliterate his !%:%$ $%A0%$%#M for
damages.
F. A minor who is A$)7=M A A=5$# at
the time of his conviction is not
entitled to a suspension of sentence.
PROBATION LAW OF ,CA>
*P& C>B0 AS AMEN&E&.
A. CONCEPT
P)*0A#%* is a disposition under
which a defendant after conviction
and sentence is released subject to
conditions imposed by the court and
to the supervision of a probation
officer.
B. APPLICATION
#his shall apply to all offenders
e.cept those entitled to benefits
under P= >?2 and similar laws.
C. RULES ON GRANT OF
PROBATION
1. After having convicted and
sentenced a defendant, the trial
court 8AM &5&P7= the e.ecution of
the sentence, and place the
defendant on probation, upon
APP$%!A#%* by the defendant
within the period for perfecting an
appeal.
2. Probation may be granted whether
the sentence imposed a term of
imprisonment or fine only.
2. * application for probation shall be
entertained or granted if the
defendant has P7)+7!#7= A
APP7A$ from the judgment of
conviction.
4. +iling of application for probation
operates as a -A%:7) *+ #<7 )%,<#
#* APP7A$.
/. #he application shall be filed with
the trial court, and the order
granting or denying probation shall
*# 07 APP7A$A0$7.
6. Accessor0 penalties are deemed
suspended once probation is
granted.
&. POST-SENTENCE INVESTIGATION
#he convict is not immediately placed on
probation. #here shall be a prior
investigation by the probation officer
and a determination by the court.
E. CRITERIA FOR PLACING AN
OFFEN&ER ON PROBATION
.rillante, )r*

#he court shall consider3
1. All information relative to the
character, antecedents,
environment, mental, and physical
condition of the offender.
(. Available institutional and
community resources.
F. PROBATION SHALL BE &ENIE& IF
THE COURT FIN&S THAT:
1. #he offender is in need of
correctional treatment that can be
provided effectively by his
commitment to an institution.
(. #here is undue ris1 of committing
another crime.
3. Probation will depreciate the
seriousness of the offense
committed.
G. &IS=UALIFIE& OFFEN&ERS
#<7 077+%#& *+ #<7 =7!)77 &<A$$
*# 07 7;#7=7= #* #<*&73
1. &entenced to serve a ma.imum term
of imprisonment of more the )
0ears.
2. !onvicted of su/version or any crime
against the national securit0 or the
pu/lic order.
3. Previously convicted by final
judgment of an offense punished by
imprisonment of not less than 1
month and 1 day andHor a fine not
less than P(??.
4. *nce placed on pro/ation.
H. CON&ITIONS OF PROBATION
( O%=& *+ !*=%#%*& %8P*&7=3
1. 8andatory or general 6 once
violated, the probation is cancelled.
#hey are3
a) Probationer3 Presents
himself to the probation officer
designated to underta1e his
supervision, at such place as may
be specified in the order, within
E( hours from receipt of order9
b) <e reports to the
probation officer at least once a
month.
2. =iscretionary or special 6 additional
conditions listed, which the courts
may additionally impose on the
probationer towards his correction
and rehabilitation outside prison.
<*-7:7), the enumeration is not
inclusive. Probation statutes are
li/eral in character and enable the
courts to designate practically AM
term it chooses, as long as the
probationer's 4onstitutional rights
are not jeopardiBed. Also, they must
not be unduly restrictive of
probationer, and not incompatible
with the freedom of conscience of
probationer.
I. PERIO& OF PROBATION
+*) <*- $*, 8AM A !*:%!# 07
P$A!7= * P)*0A#%*P
1. %f the convict is sentenced to a term
of imprisonment of *# more than
one 0ear" the period of probation
shall not e.ceed ( years.
2. %n all other cases, if he is sentenced
to more than one 0ear" said period
shall not exceed ) 0ears.
3. -hen the sentence imposes a fine
only and the offender is made to
serve su/sidiar0 imprisonment. #he
period of probation shall be twice
the total number of days of
subsidiary imprisonment.
D. ARREST OF PROBATIONER AN&
SUBSE=UENT &ISPOSITIONS
1. At any time during probation, the
court may issue a warrant for the
A))7&# of a probationer for any
serious violation of the conditions of
probation.
(. %f violation is established, the court
may (a" )7:*O7 his probation, or (b"
continue his probation and 8*=%+M
the conditions thereof. #his order is
not appealable.
2. %f revo1ed, the probationer shall
&7):7 the sentence originally
imposed.
K. TERMINATION OF PROBATION
#he court may order the final discharge
of the probationer upon finding that, he
has fulfilled the terms and conditions of
his probation.
C$AIRPERSONS
L. EFFECTS OF TERMINATION
OF PROBATION
1. !ase is deemed terminated.
2. $estoration of all civil rights lost or
suspended.
3. Cull0 discharges liability for any fine
imposed.
ote that the probation is *#
coterminous with its period. #here
must be an order issued by the court
discharging the probationer.
C'a(er F!9e: EFe63!%$ a$8 Ser9!6e %4
Pe$a#!e) *Ar). AB-BB.
ART. B+. SUSPENSION OF THE
EXECUTION OF THE &EATH SENTENCE
&ea' )e$e$6e )'a## "e )3)(e$8e8
E'e$ a663)e8 !) a:
1. -oman, while pregnant,
(. -oman, within one year after
delivery,
2. Person over E? years of age9
4. !onvict who becomes insane" after
final sentence of death has been
pronounced.
ART. BA. &ESTIERRO
ONLY IN THE FOLLOWING CASES IS
&ESTIERRO IMPOSE&:
1. =eath or serious physical injuries is
caused or are inflicted under
exceptional circumstances (Art.
+,(-D
2. +ailure to give /ond for good
behavior in grave and light threats
(Art. (D4"9
3. Penalty for the concu/ine in
concubinage (Art. 224"9
4. -hen, after reducing the penalty by
one or more degrees, destierro is
the proper penalt0.
TITLE FOUR: EXTINCTION OF CRIMINAL
LIABILITY
C'a(er O$e: T%a# EF!$6!%$ %4
Cr!7!$a# L!a"!#!< *Ar). BC-C+.
ART. BC. CRIMINAL LIABILITY IS
TOTALLY EXTINGUISHE&
HOW CRIMINAL LIABLITY TOTALLY
EXTINGUISHE&:
1. 0y the =7A#< of the convict as to
personal penalties9 05# as to
pecuniary penalties, liability is
e.tinguished only when the death of
the offender occurs before or after
final judgment
(. 0y &7):%!7 *+ &7#7!79
2. 0y A87&#M, which completely
e.tinguishes the penalty and all its
effects.
4. 0y A0&*$5#7 PA)=*
/. 0y P)7&!)%P#%* *+ #<7 !)%87
>. 0y P)7&!)%P#%* *+ P7A$#M
E. 0y 8A))%A,7 *+ #<7 *++7=7=
-*8A with the offender in the
crimes of rape, seduction,
abduction, and acts of
lasciviousness. %n the crimes of rape,
seduction, abduction, and acts of
lasciviousness, the marriage, as
provided under Art 244, must be
contracted in good faith.
AMNESTY 6 is an act of the sovereign
power granting o/livion or general
pardon for a past offense, and is rarely if
ever e.ercised in favor of a single
individual, and is usually e.tended in
behalf of certain classes of persons who
are subject to trial but have not yet
been convicted.
PAR&ON 6 is an act of grace, proceeding
from the power entrusted with the
e.ecution of the laws, which e.empts
the individual on whom it is bestowed
from the punishment the law inflicts for
the crime he has committed.
Par8%$ 8!)!$:3!)'e8 4r%7 a7$e)<
PAR&ON AMNESTY
1. %ncludes any
crime and is
e.ercised
1. A blan1et pardon
to classes of persons
or communities who
.rillante, )r*

individually by the
President
may be guilty of
political offenses.
(. 7.ercised when
the person is
already convicted
(. 8ay be e.ercised
even before trial or
investigation is had
2. 8erely loo1s
+*)-A)= and
relieves the
offender from the
conse4uences of an
offense of which he
has been convicted9
it does not wor1 for
the restoration of
the rights to hold
public office, or
the right of
suffrage, unless
such rights are
e.pressly restored
by means of
pardon.
2. $oo1s 0A!O-A)=
and abolishes and
puts into oblivion the
offense itself9 it so
overloo1s and
obliterates the
offense with which
he is charged that
the person released
by amnesty stands
before the law
precisely as though
he had committed no
offense.
4. =oes not alter
the fact that the
accused is a
recidivist as it
produces only the
e.tinction of the
personal effects of
the penalty.
4. 8a1es an e.-
convict no longer a
recidivist, because it
obliterates the last
vestige of the crime.
/. =oes not
e.tinguish the
civil liability of
the offender
/. =oes not
e.tinguish the civil
liability of the
offender
>. 0eing P)%:A#7
A!# by the
President, must be
pleaded and proved
by the person
pardoned
>. 0eing a
Proclamation of the
!hief 7.ecutive with
the concurrence of
!ongress9 is a P50$%!
A!# of which the
courts should ta1e
judicial notice
Pre)6r!(!%$ %4 'e 6r!7e B is the
forfeiture or loss of the right of the &tate
to prosecute the offender, after the
lapse of a certain time.
PRESCRIPTIVE PERIO&S OF CRIMES:
1. !rimes punishable by
a) =eath, reclusi.n
perpetua or reclusi.n temporal 6
(? years
b" afflictive penalties 6 1/
years
c) correctional penalties 6
1? years e.cept those punishable
by arresto ma0or which shall
prescribe in / years.
-hen the penalty fi.ed by law is
a compound one, the highest
penalty shall be made the basis
of the application of the rules
contained above.
(. !rime of libel 6 1 year
2. *ffenses of oral defamation and
slander by deed 6 > months
4. $ight offenses 6 ( months
Pre)6r!(!%$ %4 'e (e$a#< 6 is the loss
or forfeiture of the right of the
government to execute the final
sentence" after the lapse of a certain
time.
PRESCRIPTIVE PERIO&S OF PENALTIES:
1. =eath and reclusi.n perpetua 6 (?
years
(. *ther afflictive penalties 6 1/ years
2. !orrectional penalties 6 1? years
e.cept for the penalty of arresto
mayor which prescribes in / years.
4. $ight penalties 6 1 year
ART. C+. COMPUTATION OF THE
PRESCRIPTION OF PENALTIES
OUTLINE
1. Period of prescription commences to
run from the date when the culprit
evaded the service of his sentence.
(. %t is interrupted when the convict
a" gives himself up,
b" is captured,
c" goes to a foreign country
with which we have no
e.tradition treaty, or
d) commits any crime
/efore the e.piration of the
period of prescription.
ELEMENTS
1. #hat the penalty is imposed by final
judgment
2. #hat the convict evaded the service
of his sentence by escaping during
the term of his sentence
C$AIRPERSONS
3. #he convict who escape from prison
has not given himself up, or been
captured, or gone to a foreign
country
4. #hat the penalty has prescribed
because of the lapse of time from
the date of the evasion of service of
the sentence by the convict.
C'a(er TE%: Par!a# EF!$6!%$ %4
Cr!7!$a# L!a"!#!< *Ar). C;-CC.
ART. C;. PARTIAL EXTINCTION OF
CRIMINAL LIABILITY
CRIMINAL LIABILITY IS PARTIALLY
EXTINGUISHE&:
1. 0y !*=%#%*A$ PA)=*9
(. 0y !*885#A#%* *+ &7):%!7
2. +or ,**= !*=5!# A$$*-A!7&
which the culprit may earn while he
is serving sentence9
4. 0y PA)*$7
a. Parole 6 is the suspension of the
sentence of a convict, after
serving the minimum term of
the indeterminate penalty,
without being granted a pardon,
prescribing the terms upon which
the sentence shall be suspended
b. %f the convict fails to observe the
condition of the parole, the
0oard of Pardons and Parole is
authoriBed to 3
(1" direct his A))7&# A=
)7#5) #* !5&#*=M and
thereafter9
((" to !A))M *5# <%& &7#7!7
-%#<*5# )7=5!#%* of the time
that has elapsed between the date
of the parole and the subse4uent
arrest.
5. 0y P)*0A#%*. &ee Pro/ation Law
page,+
C%$8!!%$a# (ar8%$ 8!)!$:3!)'e8 4r%7
(ar%#e
CON&ITIONAL
PAR&ON
PAROLE
1. 8ay be given at any
time after final
judgment9 is granted
by the !hief 7.ecutive
under the provisions
of the Administrative
1. 8ay be given after
the prisoner has
served the minimum
penalty9 is granted by
the 0oard of Pardons
and Parole under the
!ode provision of the
%ndeterminate
&entence $aw
(. +or violation of the
conditional pardon,
the convict may be
ordered re-arrested or
re-incarcerated by the
!hief 7.ecutive, or
may be P)*&7!5#7=
under Art. 1/F of the
!ode
(. +or violation of the
terms of the parole,
the convict !A*#
07 P)*&7!5#7=
5=7) A)#. 1/F *+
#<7 )P!, he can be
re-arrested and re-
incarcerated to serve
the unserved portion
of his original penalty.
TITLE FIVE: CIVIL LIABILITY
C'a(er O$e: Per)%$) C!9!##< L!a"#e 4%r
Fe#%$!e) *Ar). ,---,-+.
ART. ,--. CIVIL LIABILITY OF A
PERSON GUILTY OF FELONY
A CRIME HAS A &UAL CHARACTER:
1. As an offense against the state,
because of the disturbance of the
social order9 and
2. As an offense against the private
person injured by the crime, 5$7&&
it involves the crime of treason,
rebellion, espionage, contempt, and
others wherein no civil liability
arises on the part of the offender,
either because there are no damages
to be compensated or there is no
private person injured by the crime.
EFFECT OF AC=UITTAL
Extinction of the penal action does *#
carry with it e.tinction of the civil9
5$7&& the e.tinction proceeds from a
declaration in a final judgment that the
fact from which the civil liability might
arise did not e.ist. (&ee &ection 1, )ule
111 of the (??? )ules on !riminal
Procedure. !ivil liability arising from
other sources of obligations is not
impliedly instituted with the criminal
action".
EFFECT OF &ISMISSAL OF CASE
The dismissal of the information or the
criminal action does *# affect the right
of the offended party to institute or
continue the civil action already
instituted arising from the offense,
because such dismissal or e.tinction of
the penal action does not carry with it
the e.tinction of the civil action.
.rillante, )r*

EFFECT OF &EATH OF THE OFFEN&ER
%f the offender dies prior to the
institution of the action or prior to the
finality of judgment, civil liability e.-
delicto is e.tinguished. (>E #!E;A% vs.
PEOPLE OC TAE PA7L7PP7%E2" #.$. %o.
&9,9(3. Octo/er 6" +**'-

%n all these cases, civil liability
from sources other than delict are not
e.tinguished.
ART. ,-,. RULES REGAR&ING CIVIL
LIABILITY IN CERTAIN CASES
- !ivil liability is still imposed in cases
falling under e.empting circumstances
7;!7P#3
1. o civil liability in
paragraph 4 of Art. 1( which
provides for injury caused by
mere accident.
(. o civil liability in
paragraph E of Art. 1( which
provides for failure to perform
an act re4uired by law when
prevented by some lawful or
insuperable cause.
- o civil liability is imposed in cases
falling under justifying circumstances
7;!7P#3 under paragraph 4, where a
person does an act, causing damage to
another, in order to avoid evil or injury,
the person benefited by the prevention
of the evil or injury shall be civilly liable
in proportion to the benefit he received.
ART. ,-2. SUBSI&IARY LIABILITY OF
INNKEEPERS0 TAVERNKEEPERS0 AN&
PROPRIETORS OF ESTABLISHMENTS
ELEMENTS UN&ER PARAGRAPH ,
1. #hat the inn1eeper, tavern1eeper or
proprietor of establishment or his
employee committed a violation of
municipal ordinance or some general
or special police regulation.
(. #hat the crime is committed in such
inn, tavern or establishment.
3. #hat the person criminally liable is
insolvent.
!oncurrence of all elements ma1es
the inn1eeper, tavern1eeper, or
proprietor civilly liable for the crime
committed in his establishment.
ELEMENTS UN&ER PARAGRAPH 2
1. #hat the guests notified in advance
the inn1eeper or the person
representing of the deposit of their
goods within the inn or house.
2. #he guests followed the directions
of the inn1eeper or his
representative with respect to the
care of and vigilance over such
goods.
3. &uch goods of the guests lodging
therein were ta1en by ro//er0 with
force upon things or theft
committed within the inn or house.
ART. ,-+. SUBSI&IARY CIVIL
LIABILITY OF OTHER PERSONS
ELEMENTS
1. #he employer, teacher, person, or
corporation is engaged in any 1ind of
industr0.
2. Any of their servants, pupils,
wor1men, apprentices, or employees
commits a felony while in the
discharge of his duties.
3. #he said employee is insolvent and
has not satisfied his civil liability.
C'a(er TE%: W'a C!9!# L!a"!#!<
I$6#38e) *Ar). ,-;-,,,.
ART. ,-;. WHAT IS INCLU&E& IN CIVIL
LIABILITY
RESTITUTION 6 restitution of the thing
itself must be made whenever possible
even when found in the possession of a
third person e.cept when ac4uired by
such person in any manner and under the
re4uirements which, by law, bar an
action for its recovery.
REPARATION OF &AMAGES 6 reparation
will be ordered by the court if
C$AIRPERSONS
restitution is not possible. #he court
shall determine the amount of damage,
ta1ing into consideration the price of the
thing, whenever possible, and its special
sentimental value.
IN&EMNIFICATION FOR &AMAGES 6
includes not only those caused the
injured party, but also, those suffered by
his family or by a third person by reason
of the crime.
- EN& OF BOOK ONE -
.rillante, )r*

Criminal Law Book I

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Criminal Law Book I

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San Beda College of Law 1

MEMORY AID IN CRIMINAL LAW

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