Criminallawreviewerpart 1

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA

*** CULLED FROM THE BOOKS OF REYES, GREGORIO, PALATTAO &
SANDOVAL WITH EXCERPTS FROM ORTEGA NOTES
Criminal Law A branch of municipal law which defines crimes, treats of their nature
and provides for their punishment.
Legal Basis of Punishment
The power to punish violators of criminal law comes within the police
power of the state. It is the injury inficted to the public which a criminal
action seeks to redress, and not the injury to the individual.
The objective of the punishment is two-fold: absolute and relative. The
absolute theory is to infict punishment as a form of retributive justice. It is
to destroy wrong in its efort to annihilate right, to put an end to the criminal
activity of the ofender.
On the other hand, the relative theory purports to prevent the
ofender from further ofending public right or to the right to repel an
imminent or actual aggression, eemplary or by way of eample to others not
to follow the path taken by the ofender and ultimately for reformation or to
place him under detention to teach him the obligations of a law!abiding
citi"en.
Power to Enact Penal Laws
Only the legislative branch of the government can enact penal laws.
#hile the $resident may de%ne and punish an act as a crime, such eercise of
power is not eecutive but legislative as he derives such power from the law!
making body. It is in essence, an eercise of legislative power by the &hief
'ecutive.
Limitations on the power of Congress to enact penal laws
1. Must be general in application.
2. Must not partake of the nature of an ex post facto law.
3. Must not partake of the nature of a bill of attainder.
4. Must not impose cruel and unusual punishment or excessive fines.
Characteristics of Criminal Law: (G.T.P.)
1. General the law is binding to all persons who reside in the !hilippines
Generality of criminal law means that the criminal law of the country governs all persons within
the country regardless of their race, belief, sex, or creed. However, it is subject to certain
exceptions brought about by international agreement. Ambassadors, chiefs of states and other
diplomatic officials are immune from the application of penal laws when the" are in the countr"
where the" are assigned.

Note that consuls are not diplomatic officers. #his includes consul$general, vice$consul or an"
consul in a foreign countr", who are therefore, not immune to the operation or application of the
penal law of the countr" where the" are assigned. %onsuls are sub&ect to the penal laws of the
countr" where the" are assigned.
It has no reference to territory. 'henever "ou are asked to explain this, it does not include
territor". (t refers to persons that ma" be governed b" the penal law.
Exceptions to general application of criminal law:
a( principles of public international law
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b( treaties or treaty stipulations
c( laws of preferential application
2. Territorial the law is binding to all crimes committed within the )ational #erritor"
of the !hilippines
Exception to Territorial Application* (nstances enumerated under Article 2.
Territoriality means that the penal laws of the countr" have force and effect onl" within its
territor". (t cannot penali+e crimes committed outside the same. #his is sub&ect to certain
exceptions brought about b" international agreements and practice. #he territor" of the countr" is
not limited to the land where its sovereignt" resides but includes also its maritime and interior
waters as well as its atmosphere.
Terrestrial jurisdiction is the &urisdiction exercised over land.
Fluvial jurisdiction is the &urisdiction exercised over maritime and interior waters.
erial jurisdiction is the &urisdiction exercised over the atmosphere.
The Archipelagic Rule
ll bodies of water comprising the maritime !one and interior waters abounding different islands
comprising the "hilippine rchipelago are part of the "hilippine territory regardless of their
breadth, depth, width or dimension.
What Determines Jurisdiction in a Criminal Case?
). $lace where the crime was committed*
+. The nature of the crime committed* and
,. The person committing the crime.
3. Prospective (Prospectivity) the law does not have an" retroactive effect.
Exception to Prospective Application: when new statute is favorable to the accused.

#his is also called irretrospectivity.
cts or omissions will only be subject to a penal law if they are committed after a penal law had
already ta#en effect. ,ice$versa, this act or omission which has been committed before the
effectivit" of a penal law could not be penali+ed b" such penal law because penal laws operate
onl" prospectivel".
The exception where a penal law may be given retroactive application is true only with a
repealing law. If it is an original penal law, that exception can never operate. 'hat is
contemplated b" the exception is that there is an original law and there is a repealing law
repealing the original law. (t is the repealing law that ma" be given retroactive application to
those who violated the original law, if the repealing penal law is more favorable to the offender
who violated the original law. (f there is onl" one penal law, it can never be given retroactive
effect.
ffect of repeal of penal law to lia!ilit" of offen#er
A repeal is absolute or total when the crime punished under the repealed law has been
decriminali!ed by the repeal. $ecause of the repeal, the act or omission which used to be a
crime is no longer a crime. An example is -epublic Act )o. .3/3, which decriminali+ed
subversion.
A repeal is partial or relative when the crime punished under the repealed law continues to be a
crime inspite of the repeal. This means that the repeal merely modified the conditions affecting
the crime under the repealed law. #he modification ma" be pre&udicial or beneficial to the
offender. 0ence, the following rule*
Conse$uences if repeal of penal law is total or a!solute
%&' If a case is pending in court involving the violation of the repealed law, the same shall be
dismissed, even though the accused may be a habitual delin(uent. #his is so because
all persons accused of a crime are presumed innocent until the" are convicted b" final
&udgment. Therefore, the accused shall be ac(uitted.
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3
%)' If a case is already decided and the accused is already serving sentence by final judgment, if the
convict is not a habitual delin(uent, then he will be entitled to a release unless there is a
reservation clause in the penal law that it will not apply to those serving sentence at the
time of the repeal. $ut if there is no reservation, those who are not habitual delin(uents
even if they are already serving their sentence will receive the benefit of the repealing
law. They are entitled to release.
This does not mean that if they are not released, they are free to escape. (f the" escape,
the" commit the crime of evasion of sentence, even if there is no more legal basis to hold
them in the penitentiar". #his is so because prisoners are accountabilities of the
government1 the" are not supposed to step out simpl" because their sentence has
alread" been, or that the law under which the" are sentenced has been declared null and
void.
(f the" are not discharged from confinement, a petition for habeas corpus should be filed
to test the legalit" of their continued confinement in &ail.
If the convict, on the other hand, is a habitual delinquent, he will continue serving the
sentence in spite of the fact that the law under which he was convicted has already been
absolutely repealed. #his is so because penal laws should be given retroactive
application to favor onl" those who are not habitual delin2uents.
Conse$uences if repeal of penal law is partial or relative
%&' If a case is pending in court involving the violation of the repealed law, and the repealing law
is more favorable to the accused, it shall be the one applied to him. 3o whether he is a
habitual delin2uent or not, if the case is still pending in court, the repealing law will be the
one to appl" unless there is a saving clause in the repealing law that it shall not appl" to
pending causes of action.
425 If a case is already decided and the accused is already serving sentence by final judgment, even
if the repealing law is partial or relative, the crime still remains to be a crime. Those who
are not habitual delin(uents will benefit on the effect of that repeal, so that if the repeal is
more lenient to them, it will be the repealing law that will henceforth apply to them.
Express or implied repeal. 6xpress or implied repeal refers to the manner the repeal is done.
Express repeal ta#es place when a subse(uent law contains a provision that such law repeals
an earlier enactment. 7or example, in -epublic Act )o. /428 4#he 9angerous 9rugs Act of
1:.25, there is an express provision of repeal of #itle , of the -evised !enal %ode.
Implied repeals are not favored. It re(uires a competent court to declare an implied repeal. n
implied repeal will ta#e place when there is a law on a particular subject matter and a subse(uent
law is passed also on the same subject matter but is inconsistent with the first law, such that the
two laws cannot stand together, one of the two laws must give way. It is the earlier that will give
way to the later law because the later law expresses the recent legislative sentiment. 3o "ou can
have an implied repeal when there are two inconsistent laws. 'hen the earlier law does not
expressl" provide that it is repealing an earlier law, what has taken place here is implied repeal. (f
the two laws can be reconciled, the court shall alwa"s tr" to avoid an implied repeal.
7or e%ample, under Article :, light felonies are those infractions of the law for the commission of
which a penalt" of arresto ma"or or a fine not exceeding !2;;.;; or both is provided. <n the
other hand, under Article 2/, a fine whether imposed as a single or an alternative penalt", if it
exceeds !/,;;;.;; but is not less than ! 2;;.;;, is considered a correctional penalt". #hese
two articles appear to be inconsistent. 3o to harmoni+e them, the 3upreme %ourt ruled that if the
issue involves the prescription of the crime, that felon" will be considered a light felon" and,
therefore, prescribes within two months. =ut if the issue involves prescription of the penalt", the
fine of !2;;.;; will be considered correctional and it will prescribe within 1; "ears. %learl", the
court avoided the collision between the two articles.
Conse$uences if repeal of penal law is e%press or implie#
%&' If a penal law is impliedly repealed, the subse(uent repeal of the repealing law will revive
the original law. 3o the act or omission which was punished as a crime under the original
law will be revived and the same shall again be crimes although during the implied repeal
the" ma" not be punishable.

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%)' If the repeal is express, the repeal of the repealing law will not revive the first law, so the
act or omission will no longer be penali+ed.
These effects of repeal do not apply to self-repealing laws or those which have automatic
termination. An example is the -ent %ontrol >aw which is revived b" %ongress ever" two "ears.
'hen there is a repeal, the repealing law expresses the legislative intention to do awa" with such
law, and, therefore, implies a condonation of the punishment. 3uch legislative intention does not
exist in a self$terminating law because there was no repeal at all.
In Co v. CA decided on !ctober "# $%%& it was held that the principle of prospectivity of
statutes also applies to administrative rulings and circulars.
Theories of Criminal Law
1. Classical Theor" Man is essentiall" a moral creature with an absolute free will to
choose between good and evil and therefore more stress is placed upon the result of
the felonious act than upon the criminal himself.
The purpose of penalty is retribution. The offender is made to suffer for the wrong he has done.
There is scant regard for the human element of the crime. The law does not loo# into why the
offender committed the crime. *apital punishment is a product of this #ind of this school of
thought. +an is regarded as a moral creature who understands right from wrong. ,o that when
he commits a wrong, he must be prepared to accept the punishment therefore.
2. Positivist Theor" Man is subdued occasionall" b" a strange and morbid
phenomenon which conditions him to do wrong in spite of or contrar" to his volition.
-&rime is essentially a social and natural phenomenon(
The purpose of penalty is reformation. There is great respect for the human element because
the offender is regarded as socially sic# who needs treatment, not punishment. *rimes are
regarded as social phenomena which constrain a person to do wrong although not of his own
volition
clectic or &i%e# Philosoph"
This combines both positivist and classical thin#ing. *rimes that are economic and social and
nature should be dealt with in a positivist manner- thus, the law is more compassionate. Heinous
crimes should be dealt with in a classical manner- thus, capital punishment.
'ources of Criminal Law
1. #he -evised !enal %ode
2. 3pecial !enal >aws Acts enacted of the !hilippine >egislature punishing offenses
or omissions.
Construction of Penal Laws
1. %riminal 3tatutes are liberall" construed in favor of the offender. #his means that no
person shall be brought within their terms who is not clearl" within them, nor should
an" act be pronounced criminal which is not clearl" made so b" statute.
2. #he original text in which a penal law is approved in case of a conflict with an official
translation.
3. (nterpretation b" analog" has no place in criminal law
(A')C &A*)&' )+ CR)&)+AL LA,
-octrine of Pro Reo
.henever a penal law is to be construed or applied and the law admits of two interpretations /
one lenient to the offender and one strict to the offender / that interpretation which is lenient or
favorable to the offender will be adopted.
#his is in consonance with the fundamental rule that all doubts shall be construed in favor of the
accused and consistent with presumption of innocence of the accused. #his is peculiar onl" to
criminal law.
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+ullum crimen. nulla poena sine lege
There is no crime when there is no law punishing the same. #his is true to civil law countries, but
not to common law countries.
=ecause of this maxim, there is no common law crime in the "hilippines. )o matter how
wrongful, evil or bad the act is, if there is no law defining the act, the same is not considered a
crime.
%ommon law crimes are wrongful acts which the communit"?societ" condemns as contemptible,
even though there is no law declaring the act criminal.
)ot an" law punishing an act or omission ma" be valid as a criminal law. (f the law punishing an
act is ambiguous, it is null and void.
Actus non facit reum. nisi mens sit rea
The act cannot be criminal where the mind is not criminal. #his is true to a felon" characteri+ed
b" dolo, but not a felon" resulting from culpa. #his maxim is not an absolute one because it is not
applied to culpable felonies, or those that result from negligence.
/tilitarian Theor" or Protective Theor"
The primary purpose of the punishment under criminal law is the protection of society from actual
and potential wrongdoers. #he courts, therefore, in exacting retribution for the wronged societ",
should direct the punishment to potential or actual wrongdoers, since criminal law is directed
against acts and omissions which the societ" does not approve. %onsistent with this theor", the
mala prohibita principle which punishes an offense regardless of malice or criminal intent, should
not be utili+ed to appl" the full harshness of the special law.
In 'agno v CA decided on (une ") $%%". the 3upreme %ourt ac2uitted Magno of violation of
=atas !ambansa =lg. 22 when he acted without malice. The wrongdoer is not +agno but the
lessor who deposited the chec#s. He should have returned the chec#s to +agno when he pulled
out the e(uipment. #o convict the accused would defeat the noble ob&ective of the law and the
law would be tainted with materialism and opportunism.
&ALA )+ ' A+- &ALA PR01)()TA
iolations of the !evised Penal "ode are referred to as malum in se, which literall" means, that the
act is inherentl" evil or bad or per se wrongful. <n the other hand, violations of special laws are
generall" referred to as malum prohibitum.
)ote, however, that not all violations of special laws are mala prohibita. 'hile intentional felonies
are alwa"s mala in se, it does not follow that prohibited acts done in violation of special laws are
alwa"s mala prohibita. 0ven if the crime is punished under a special law, if the act punished is
one which is inherently wrong, the same is malum in se, and, therefore, good faith and the lac# of
criminal intent is a valid defense- unless it is the product of criminal negligence or culpa.
>ikewise when the special laws re(uires that the punished act be committed #nowingly and
willfully, criminal intent is re(uired to be proved before criminal liability may arise.
.hen the act penali!ed is not inherently wrong, it is wrong onl" because a law punishes the
same.
7or example, !residential 9ecree )o. 832 punishes pirac" in !hilippine waters and the special
law punishing brigandage in the highwa"s. #hese acts are inherentl" wrong and although the"
are punished under special law, the acts themselves are mala in se1 thus, good faith or lack of
criminal intent is a defense.
Mala in se vs. Mala prohibita
Crimes mala in se Crimes mala prohibita
Those so serious in their efects on
society as to call for almost
unanimous condemnation of its
members*
Those violations of mere rules of
convenience designed to secure a
more orderly regulation of the afairs
of society
8
/
&riminal intent necessary &riminal intent is not necessary
.efers generally to felonies de%ned
and penali"ed by the .evised $enal
&ode
.efers generally to acts made
criminal by special laws
-istinction !etween crimes punishe# un#er the Revise# Penal Co#e an# crimes punishe#
un#er special laws
1. #s to moral trait of the offender
In crimes punished under the 1evised "enal *ode, the moral trait of the offender is
considered. #his is wh" liabilit" would onl" arise when there is dolo or culpa in the
commission of the punishable act.
In crimes punished under special laws, the moral trait of the offender is not considered1 it
is enough that the prohibited act was voluntaril" done.
2. #s to use of good faith as defense
In crimes punished under the 1evised "enal *ode, good faith or lack of criminal intent is
a valid defense1 unless the crime is the result of culpa
In crimes punished under special laws, good faith is not a defense
3. #s to degree of accomplishment of the crime
In crimes punished under the 1evised "enal *ode, the degree of accomplishment of the
crime is taken into account in punishing the offender1 thus, there are attempted,
frustrated, and consummated stages in the commission of the crime.
In crimes punished under special laws, the act gives rise to a crime onl" when it is
consummated1 there are no attempted or frustrated stages, unless the special law
expressl" penali+e the mere attempt or frustration of the crime.
4. #s to mitigating and aggravating circumstances
In crimes punished under the 1evised "enal *ode, mitigating and aggravating
circumstances are taken into account in imposing the penalt" since the moral trait of the
offender is considered.
In crimes punished under special laws, mitigating and aggravating circumstances are not
taken into account in imposing the penalt".
8. #s to degree of participation
In crimes punished under the 1evised "enal *ode, when there is more than one
offender, the degree of participation of each in the commission of the crime is taken into
account in imposing the penalt"1 thus, offenders are classified as principal, accomplice
and accessor".
In crimes punished under special laws, the degree of participation of the offenders is not
considered. All who perpetrated the prohibited act are penali+ed to the same extent.
#here is no principal or accomplice or accessor" to consider.
Test to #etermine if violation of special law is malum prohi!itum or malum in se
Anal"+e the violation* (s it wrong because there is a law prohibiting it or punishing it as such@ (f
"ou remove the law, will the act still be wrong@
If the wording of the law punishing the crime uses the word 2willfully3, then malice must be
proven. .here malice is a factor, good faith is a defense.
In violation of special law, the act constituting the crime is a prohibited act. Therefore culpa is not
a basis of liability, unless the special law punishes an omission.
$hen given a problem, ta%e note if the crime is a violation of the !evised Penal "ode or a special law&
/
.
Art. 2. This Co#e shall ta3e effect on 4anuar" 2. 2567.
Art. 7. #pplication of its provisions. 88 Except as provided in the treaties and
laws of preferential application. the provisions of this Co#e shall !e
enforce# not onl" within the Philippine Archipelago inclu#ing its
atmosphere. its interior waters an# &aritime 9one. !ut also outsi#e of its
:uris#iction. against those who:
2. 'houl# commit an offense while on a Philippine ship or airship;
7. 'houl# forge or counterfeit an" coin or currenc" note of the
Philippine )slan#s or o!ligations an# securities issue# !" the Government
of the Philippine )slan#s;
6. 'houl# !e lia!le for acts connecte# with the intro#uction into
these islan#s of the o!ligations an# securities mentione# in the prece#ing
num!er;
<. ,hile !eing pu!lic officers or emplo"ees. shoul# commit an
offense in the e%ercise of their functions; or 4,ome of these crimes are bribery,
fraud against national treasury, malversation of public funds or property, and illegal use
of public funds- e.g., judge who accepts a bribe while in 4apan.'
=. 'houl# commit an" crimes against the national securit" an# the
law of nations. #efine# in Title 0ne of (oo3 Two of this Co#e. %These crimes
include treason, espionage, piracy, mutiny, inciting to war or giving motives for reprisals,
correspondence with hostile country, flight to enemy5s country and violation of neutrality'
*ules as to crimes committed aboard foreign merchant vessels+
'& >rench Rule 3uch crimes are not triable in the courts of that countr", unless
their commission affects the peace and securit" of the territor" or the safet" of
the state is endangered.
(& nglish Rule 3uch crimes are triable in that countr", unless the" merel" affect
things within the vessel or the" refer to the internal management thereof. ()his is
applicable in the Philippines)
Re$uirements of ?an offense committe# while on a Philippine 'hip or Airship@
1. -egistered with the !hilippine =ureau of %ustoms
2. 3hip must be in the high seas or the airship must be in international airspace.
Ander international law rule, a vessel which is not registered in accordance with the laws of any
country is considered a pirate vessel and pirac" is a crime against humanit" in general, such that
wherever the pirates ma" go, the" can be prosecuted.
*+ v& ,ull
A crime which occurred on board of a foreign vessel, which began when the ship was
in a foreign territor" and continued when it entered into !hilippine waters, is considered
a continuing crime. 0ence within the &urisdiction of the local courts.
#wo situations where the foreign countr" ma" not appl" its criminal law even if a crime was
committed on board a vessel within its territorial waters and these are*
%&' .hen the crime is committed in a war vessel of a foreign country, because war vessels
are part of the sovereignt" of the countr" to whose naval force the" belong-
.
B
%)' .hen the foreign country in whose territorial waters the crime was committed adopts the
French 1ule, which applies onl" to merchant vessels, except when the crime committed
affects the national securit" or public order of such foreign countr".
,hen pu!lic officers or emplo"ees commit an offense in the e%ercise of their functions
s a general rule, the -evised !enal %ode governs onl" when the crime committed pertains to
the exercise of the public officialCs functions, those having to do with the discharge of their duties
in a foreign countr". #he functions contemplated are those, which are, under the law, to be
performed b" the public officer in the 7oreign 3ervice of the !hilippine government in a foreign
countr".
Exception6 #he -evised !enal %ode governs if the crime was committed within the !hilippine
6mbass" or within the embass" grounds in a foreign countr". #his is because embass" grounds
are considered an extension of sovereignt".
Art 6. -efinitions& 88 Acts an# omissions punisha!le !" law are felonies
(delitos).
>elonies are committe# not onl" !" means of #eceit ,dolo)!ut also !"
means of fault ,culpa-.
There is #eceit when the act is performe# with #eli!erate intent; an# there
is fault when the wrongful results from impru#ence. negligence. lac3 of
foresight. or lac3 of s3ill.
Acts an overt or external act
0mission failure to perform a dut" re2uired b" law.
#o be considered as a felon" there must be an act or omission1 a mere imagination no matter how
wrong does not amount to a felon". An act refers to an" kind of bod" movement that produces
change in the outside world.
In felony by omission however, there must be a law re/uiring the
doing or the performance of an act. Thus, mere passive presence at the
scene of the crime, mere silence and failure to give the alarm, without
evidence of agreement or conspiracy is not punishable.
0xample of an omission6 failure to render assistance to an"one who is in danger of d"ing
or is in an uninhabited place or is wounded $ abandonment.
>elonies $ acts and omissions punishable b" the -evised !enal %ode
0ffense$ crimes punished under special law
&is#emeanor$ minor infraction of law, such as violation of ordinance
Crime $ acts and omissions punishable b" an" law
10, >L0+)' AR C0&&)TT-:
1. by means of deceit (dolo) $ #here is deceit when the act is performed with
deliberate intent.
*e.uisites+
a. freedom
b. intelligence
c. intent
6xamples* murder, treason, and robber".
2. by means of fault (culpa) $ #here is fault when the wrongful act results from
imprudence, negligence, lack of foresight, or lack of skill.
B
:
a. imprudence $ deficienc" of action1 e.g. A was driving a truck along a road.
0e hit = because it was raining $ reckless imprudence.
b. /egligence $ deficienc" of perception1 failure to foresee impending danger,
usuall" involves lack of foresight
c. *e.uisites+
1. 7reedom
2. (ntelligence
3. (mprudence, negligence, lack of skill or foresight
4. >ack of intent
Intentional felonies vs. Culpable elonies
Intentional Felonies Culpable Felonies
0ct or omission is malicious 0ct or omission is not malicious
Ofender has the intention to cause
an injury to another
Ofender has no intention to cause
injury
0ct performed or omission incurred
with deliberate intent
0ct or omission results from
imprudence, negligence, lack or
foresight or lack of skill
0oluntariness comprehends the concurrence of freedom of action, intelligence and the fact that
the act was intentional. In culpable felonies, there is no voluntariness if either freedom,
intelligence or imprudence, negligence, lack of foresight or lack of skill is lacking. .ithout
voluntariness, there can be no dolo or culpa, hence, there is no felony.
Criminal )ntent
*riminal Intent is not deceit. 9o not use deceit in translating dolo, because the nearest
translation is deliberate intent.
In criminal law, intent is categori.ed into two/
%&' 7eneral criminal intent- and
%)' ,pecific criminal intent.
General criminal intent is presumed from the mere doing of a wrong act. #his does not re2uire
proof. #he burden is upon the wrong doer to prove that he acted without such criminal intent.

1pecific criminal intent is not presumed because it is an ingredient or element of a crime, like
intent to kill in the crimes of attempted or frustrated homicide?parricide?murder. #he prosecution
has the burden of proving the same.
"riminal intent is not necessary in these cases/
%&' 'hen the crime is the product of culpa or negligence, reckless imprudence, lack
of foresight or lack of skill1
425 'hen the crime is a prohibited act under a special law or what is called malum
prohibitum.
8istinction between intent and discernment
Intent is the determination to do a certain thing, an aim or purpose of the mind. (t is the design to
resolve or determination b" which a person acts.
<n the other hand, discernment is the mental capacit" to tell right from wrong. (t relates to the
moral significance that a person ascribes to his act and relates to the intelligence as an element
of dolo, distinct from intent.
8istinction between intent and motive
:
1;
Intent is demonstrated b" the use of a particular means to bring about a desired result it is not a
state of mind or a reason for committing a crime.
<n the other hand, motive implies motion. (t is the moving power which impels one to do an act.
'hen there is motive in the commission of a crime, it alwa"s comes before the intent. =ut a
crime ma" be committed without motive.
If the crime is intentional, it cannot be committed without intent. (ntent is manifested b" the
instrument used b" the offender. #he specific criminal intent becomes material if the crime is to
be distinguished from the attempted or frustrated stage.
*riminal intent is on the basis of the act, not on the basis if what the offender says.
9oo# into motive to determine the proper crime which can be imputed to the accused

'ista2e of fact - is a misapprehension of fact on the part of the person who
caused in&ur" to another. 0e is not criminally liable.
a. *e.uisites*
1. that the act done would have been lawful had the facts been as the accused
believed them to be1
2. intention of the accused is lawful1
3. mistake must be without fault of carelessness.

+ista#e of fact would be relevant only when the felony would have been intentional or through
dolo, but not when the felony is a result of culpa. .hen the felony is a product of culpa, do not
discuss mista#e of fact
It eists when a person who in the eercise of due diligence, acts under
the infuence of an erroneous appreciation of facts, which if true would relieve
him from criminal responsibility.
It is an omission or commission performed by the individual which is
the result of a misconception or misapprehension of events or facts before
him which in law is considered voluntary. The accused performed acts or
omissions which would be lawful, had it been true as he perceived them to
be. To be an absolutory cause, the mistake of facts as committed must
originate from legitimate sentiment or intention. The further re/uirement in
order to escape criminal responsibility, must be, that the mistake of facts was
done without negligence. The good faith of the ofender maybe derived from
the se/uence of events, before, during and after the alleged mistake of facts.
If at anytime there is a showing that the actor was at fault for not eercising
ordinary prudence, then he will be liable criminally, not however for dolo, but
for culpa.
b. 6xample6 :nited ,tates v. h *hong.
Ah %hong being afraid of bad elements, locked himself in his room b"
placing a chair against the door. After having gone to bed, he was awakened b"
somebod" who was tr"ing to open the door. 0e asked the identit" of the person,
but he did not receive a response. 7earing that this intruder was a robber, he
leaped out of bed and said that he will kill the intruder should he attempt to enter.
At that moment, the chair struck him. =elieving that he was attacked, he sei+ed
a knife and fatall" wounded the intruder.
&ens rea
#he technical term mens rea is sometimes referred to in common parlance as the gravamen of
the offense. #o a la"man, that is what "ou call the 2bullseye3 of the crime. #his term is used
s"non"mousl" with criminal or deliberate intent, but that is not exactl" correct.
+ens rea of the crime depends upon the elements of the crime. Dou can onl" detect the mens
rea of a crime b" knowing the particular crime committed. 'ithout reference to a particular crime,
this term is meaningless. 7or example, in theft, the mens rea is the taking of the propert" of
another with intent to gain. (n falsification, the mens rea is the effecting of the forger" with intent
1;
11
to pervert the truth. (t is not merel" writing something that is not true1 the intent to pervert the truth
must follow the performance of the act.
In criminal law, we sometimes have to consider the crime on the basis of intent. 7or example,
attempted or frustrated homicide is distinguished from ph"sical in&uries onl" b" the intent to kill.
Attempted rape is distinguished from acts of lasciviousness b" the intent to have sexual
intercourse. (n robber", the mens rea is the taking of the propert" of another coupled with the
emplo"ment of intimidation or violence upon persons or things1 remove the emplo"ment of force
or intimidation and it is not robber" an"more.
Real concept of culpa
Ander Article 3, it is clear that culpa is just a modality by which a felony may be committed. A
felon" ma" be committed or incurred through dolo or culpa. *ulpa is just a means by which a
felony may result.
The concept of criminal negligence is the inexcusable lac# of precaution on the part of the person
performing or failing to perform an act. (f the danger impending from that situation is clearl"
manifest, "ou have a case of rec#less imprudence. =ut if the danger that would result from such
imprudence is not clear, not manifest nor immediate "ou have onl" a case of simple negligence.
Art. <. "riminal liability.88 Criminal lia!ilit" shall !e incurre#:
2. (" an" person committing a felon". although the wrongful act
#one !e #ifferent from that which he inten#e#.
In the %rst paragraph, two elements must be present1
). 0 felony committed* and
+. The felony committed resulted in the commission of another felony.

The re/uirement however, must be, that the resulting other felony or felonies
must be direct, material and logical conse/uence of the felony committed
even if the same is not intended or entirely diferent from what was in the
mind of the ofender.
3octrine of 4roximate Cause such ade2uate and efficient cause as, in the
natural order of events, and under the particular circumstances surrounding the
case, which would necessaril" produce the event.
*e.uisites+
a. the direct, natural, and logical cause
b. produces the in&ur" or damage
c. unbroken b" an" sufficient intervening cause
d. without which the result would not have occurred
4roximate Cause is negated by+
a. Active force, distinct act, or fact absolutel" foreign from the felonious act of
the accused, which serves as a sufficient intervening cause.
b. -esulting in&ur" or damage is due to the intentional act of the victim.
1e(uisite for "resumption that the blow was cause of the death 'here there has
been an in&ur" inflicted sufficient to produce death followed b" the demise of the
person, the presumption arises that the in&ur" was the cause of the death. "rovided6
a. victim was in normal health
b. death ensued within a reasonable time
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12
'ven if other causes cooperated in producing the fatal result as long as
the wound inficted is dangerous, that is, calculated to destroy or endanger
life, the actor is liable. This is true even though the immediate cause of death
was erroneous or unskillful medical treatment, refusal of the victim to submit
to surgical operation, or that the deceased was sufering from tuberculosis,
heart disease or other internal malady or that the resulting injury was
aggravated by infection.
There must however be no e!cient intervening cause.
Article 4, paragraph 1 presupposes that the act done is the proximate cause of the resulting
felon". It must be the direct, natural, and logical conse(uence of the felonious act.
4roximate cause is that cause which sets into motion other causes and which unbroken b" an"
efficient supervening cause produces a felon" without which such felon" could not have resulted.
s a general rule, the offender is criminall" liable for all the conse2uences of his felonious act,
although not intended, if the felonious act is the proximate cause of the felon" or resulting felon".
proximate cause is not necessarily the immediate cause. #his ma" be a cause which is far and
remote from the conse2uence which sets into motion other causes which resulted in the felon".
(n criminal law, as long as the act of the accused contributed to the death of the victim, even if the
victim is about to die, he will still be liable for the felonious act of putting to death that victim.
proximate cause does not re(uire that the offender needs to actually touch the body of the
offended party. (t is enough that the offender generated in the mind of the offended part" the
belief that made him risk himself.
The one who caused the proximate cause is the one liable. The one who caused the immediate
cause is also liable, but merely contributory or sometimes totally not liable.
Causes which produce a different result+
a. 'ista2e in identity of the victim in&uring one person who is mistaken for
another e.g., A intended to shoot =, but he instead shot % because he 4A5
mistook % for =.
In error in personae, the intended victim was not at the scene of the crime. (t was the actual
victim upon whom the blow was directed, but he was not reall" the intended victim
5ow does error in personae affect criminal liability of the offender;
0rror in personae is mitigating if the crime committed is different from that which was intended. If
the crime committed is the same as that which was intended, error in personae does not affect
the criminal liabilit" of the offender.
In mista#e of identity, if the crime committed was the same as the crime intended, but on a
different victim, error in persona does not affect the criminal liabilit" of the offender. $ut if the
crime committed was different from the crime intended, Article 4: will appl" and the penalt" for
the lesser crime will be applied. (n a wa", mistake in identit" is a mitigating circumstance where
Article 4: applies. .here the crime intended is more serious than the crime committed, the error
in persona is not a mitigating circumstance
In any event, the offender is prosecuted for the crime committed not for the crime intended.
b. 'ista2e in blow hitting somebod" other than the target due to lack of skill or
fortuitous instances 4this is a complex crime under Art. 4B5 e.g., = and % were
walking together. A wanted to shoot =, but he instead in&ured %.
In aberratio ictus, a person directed the blow at an intended victim, but because of poor aim,
that blow landed on somebod" else. In aberratio ictus, the intended victim as well as the actual
victim are both at the scene of the crime.
If the actor intended the commission of several felonies with a single act, it is
not called aberratio ictus or mistake of blow, simply because there was no
mistake.
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13
8istinguish this from error in personae, where the victim actuall" received the blow, but he was
mistaken for another who was not at the scene of the crime. #he distinction is important because
the legal effects are not the same.
In aberratio ictus, the offender delivers the blow upon the intended victim, but because of poor
aim the blow landed on somebod" else. <ou have a complex crime, unless the resulting
conse(uence is not a grave or less grave felony. Dou have a single act as against the intended
victim and also giving rise to another felon" as against the actual victim. If the resulting physical
injuries were only slight, then you cannot complex. (n other words, aberratio ictus, generall" gives
rise to a complex crime. This being so, the penalty for the more serious crime is imposed in the
maximum period.
c. In6urious result is greater than that intended 7 causing in&ur" graver than
intended or expected 4this is a mitigating circumstance due to lack of intent to
commit so grave a wrong under Art. 135 e.g., A wanted to in&ure =. 0owever, =
died.
In praeter intentionem, it is mitigating only if there is a notable or notorious disparity between
the means employed and the resulting felony. In criminal law, intent of the offender is determined
on the basis emplo"ed b" him and the manner in which he committed the crime. Intention of the
offender is not what is in his mind1 it is disclosed in the manner in which he committed the crime.
In praeter intentionem, it is essential that there is a notable disparit" between the means
emplo"ed or the act of the offender and the felon" which resulted. #his means that the resulting
felon" cannot be foreseen from the acts of the offender. If the resulting felony can be foreseen or
anticipated from the means employed, the circumstance of praeter intentionem does not appl".
Intent to #ill is only relevant when the victim did not die. #his is so because the purpose of intent
to kill is to differentiate the crime of ph"sical in&uries from the crime of attempted homicide or
attempted murder or frustrated homicide or frustrated murder. $ut once the victim is dead, "ou
do not talk of intent to kill an"more. #he best evidence of intent to kill is the fact that victim was
killed.
In all these instances the offender can still be held criminally liable, since he is
motivated by criminal intent.
7. (" an" person performing an act which woul# !e an offense
against persons or propert". were it not for the inherent impossi!ilit" of its
accomplishment or on account of the emplo"ment of ina#e$uate or
ineffectual means.
*e.uisites+
a. Act would have been an offense against persons or propert"
b. Act is not an actual violation of another provision of the %ode or of a special
penal law
c. #here was criminal intent
d. Accomplishment was inherentl" impossible1 or inade2uate or ineffectual means
were emplo"ed.
+otes:
a. <ffender must believe that he can consummate the intended crime, a man
stabbing another who he knew was alread" dead cannot be liable for an
impossible crime.
b. #he law intends to punish the criminal intent.
c. #here is no attempted or frustrated impossible crime.
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14
0elonies against persons* parricide, murder, homicide, infanticide, ph"sical in&uries,
etc.
0elonies against property* robber", theft, usurpation, swindling, etc.
)nherent impossi!ilit"* A thought that = was &ust sleeping. = was alread" dead. A
shot =. A is liable. (f A knew that = is dead and he still shot him, then A is not liable.
inherent impossibility, this means that under an" and all circumstances, the crime
could not have materiali+ed. If the crime could have materiali!ed under a different set of facts,
employing the same mean or the same act, it is not an impossible crime- it would be an
attempted felony.
Legal impossibility occurs where the intended act, even if
completed, would not amount into a crime.
Factual impossibility occurs when an etraneous circumstances is
unknown to the actor or beyond his control to prevent the consummation of
the intended crime.
2nder 0rt. 3, par. +, the law does not make any distinction between
factual or physical impossibility and legal impossibility. (pp vs. intod)
mplo"ment of ina#e$uate means* A used poison to kill =. 0owever, = survived
because A used small 2uantities of poison $ frustrated murder.
)neffectual means* A aimed his gun at =. 'hen he fired the gun, no bullet came out
because the gun was empt". A is liable.
'henever "ou are confronted with a problem where the facts suggest that an impossible crime
was committed, be careful about the 2uestion asked. If the (uestion as#ed is6 2Is an impossible
crime committed12, then you judge that (uestion on the basis of the facts. (f reall" the facts
constitute an impossible crime, then "ou suggest than an impossible crime is committed, then "ou
state the reason for the inherent impossibilit".
If the (uestion as#ed is 3Is he liable for an impossible crime12, this is a catching (uestion. 0ven
though the facts constitute an impossible crime, if the act done by the offender constitutes some
other crimes under the 1evised "enal *ode, he will not be liable for an impossible crime. He will
be prosecuted for the crime constituted so far by the act done by him. #he reason is an offender
is punished for an impossible crime &ust to teach him a lesson because of his criminal perversit".
Although ob&ectivel", no crime is committed, but sub&ectivel", he is a criminal. #hat purpose of the
law will also be served if he is prosecuted for some other crime constituted b" his acts which are
also punishable under the -!%.
4y its very nature, an impossible crime is a formal crime. It is either
consummated or not committed at all. There is therefore no attempted or
frustrated impossible crime. 0t this stage, it would be best to distinguish
impossible crime from attempted or frustrated felony. The evil intent is
attempted or frustrated felony is possible of accomplishment, while in
impossible crime, it cannot be accomplished because of its inherent
impossibility. In attempted or frustrated felony, what prevented its
accomplishment is the intervention of a certain cause or accident
independent of the will of the perpetrator or ofender.
"nconsummated felonies #$ttempted and frustrated felonies% vs. Impossible
crimes
Attempted of Frustrated Felony Impossible Crime
Intent is not accomplished Intent is not accomplished
Intent of the ofender possible of
accomplishment
Intent of the ofender, cannot be
accomplished
0ccomplishment is prevented by the
intervention of certain cause or
accident in which the ofender had no
Intent cannot be accomplished
because it is inherently impossible of
accomplishment or because the
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18
part means employed by the ofender is
inade/uate or inefectual
Art =. -uty of the court in connection with acts which should be repressed but
which are not covered by the law, and in cases of excessive penalties&
,henever a court has 3nowle#ge of an" act which it ma" #eem proper to
repress an# which is not punisha!le !" law. it shall ren#er the proper
#ecision an# shall report to the Chief %ecutive. through the -epartment of
4ustice. the reasons which in#uce the court to !elieve that sai# act shoul#
!e ma#e su!:ect of legislation.
)n the same wa" the court shall su!mit to the Chief %ecutive. through
the -epartment of 4ustice. such statement as ma" !e #eeme# proper.
without suspen#ing the e%ecution of the sentence. when a strict
enforcement of the provisions of this Co#e woul# result in the imposition
of a clearl" e%cessive penalt". ta3ing into consi#eration the #egree of
malice an# the in:ur" cause# !" the offense.
+0 CR)& /+L'' T1R )' A LA, P/+)'1)+G )T
.hen a person is charged in court, and the court finds that there is no law applicable, the court
will ac(uit the accused and the judge will give his opinion that the said act should be punished.
Article 8 covers two situations+
415 #he court cannot convict the accused because the acts do not constitute a crime. #he
proper &udgment is ac2uittal, but the court is mandated to report to the %hief 6xecutive
that said act be made sub&ect of penal legislation and wh".
425 'here the court finds the penalt" prescribed for the crime too harsh considering the
conditions surrounding the commission of he crime, the &udge should impose the law
49ura lex sed lex5. #he most that he could do is to recommend to the %hief 6xecutive to
grant executive clemenc".
"aragraph ) does not apply to crimes punishable by special law, including
profiteering, and illegal possession of firearms or drugs. #here can be no executive
clemenc" for these crimes.
Art. A. "onsummated, frustrated, and attempted felonies. - Consummate#
felonies. as well as those which are frustrate# an# attempte#. are
punisha!le.
A felon" is consummated when all the elements necessar" for its
e%ecution an# accomplishment are present; an# it is frustrated when the
offen#er performs all the acts of e%ecution which woul# pro#uce the felon"
as a conse$uence !ut which. nevertheless. #o not pro#uce it !" reason of
causes in#epen#ent of the will of the perpetrator.
There is an attempt when the offen#er commences the commission of a
felon" #irectl" !" overt acts. an# #oes not perform all the acts of e%ecution
which shoul# pro#uce the felon" !" reason of some cause or acci#ent
other than his own spontaneous #esistance.
3evelopment of a crime
1. Internal acts intent and plans1 usuall" not punishable
". External acts
a. "reparatory cts acts tending toward the crime
b. cts of 0xecution acts directl" connected the crime
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1/
Mere intention is therefore& not punishable. 5or as long as there is no physical
form of the internal acts, the same is outside the in/uiry of criminal law.
'tages of Commission of a Crime
Attempt 9rustrated Consummated
<vert acts of execution
are started
)ot all acts of execution
are present
9ue to reasons other than
the spontaneous
desistance of the
perpetrator
All acts of execution are
present
%rime sought to be
committed is not achieved
9ue to intervening causes
independent of the will of
the perpetrator
All the acts of execution
are present
#he result sought is
achieved
There are three stages in the commission of felonies or crimes committed by
means of dolo. 0gain, they do not refer to felonies committed by means of
culpa. It is essentially incompatible with the elements of negligence as
another means to commit felony.
-esistance
8esistance on the part of the offender negates criminal liability in the attempted stage.
9esistance is true onl" in the attempted stage of the felon". (f under the definition of the felon",
the act done is alread" in the frustrated stage, no amount of desistance will negate criminal
liabilit".
The spontaneous desistance of the offender negates only the attempted stage but not
necessarily all criminal liability. 6ven though there was desistance on the part of the offender, if
the desistance was made when acts done b" him alread" resulted to a felon", that offender will
still be criminall" liable for the felon" brought about his act. 'hat is negated is onl" the attempted
stage, but there ma" be other felon" constituting his act.
The desistance referred to under 0rticle 6 has reference to the crime
intended to be committed. It has no reference to the crime actually
committed by the ofender before the desistance.
In deciding whether a felony is attempted or frustrated or consummated there are
three criteria involved+
(') )he manner of committing the crime4
(() )he elements of the crime4 and
(5) )he nature of the crime itself.
&anner of committing a crime
7or example, let us take the crime of bribery. %an the crime of frustrated briber" be committed@
)o. 4(ncidentall", the common concept of briber" is that it is the act of one who corrupts a public
officer. Actuall", bribery is the crime of the receiver not the giver. #he crime of the giver is
corruption of public official. $ribery is the crime of the public officer who in consideration of an act
having to do with his official duties would receive something, or accept any promise or present in
consideration thereof.5
The confusion arises from the fact that this crime re(uires two to commit == the giver and the
receiver. #he law called the crime of the giver as corruption of public official and the receiver as
briber". Eiving the idea that these are independent crimes, but actuall", the" cannot arise without
the other. 0ence, if only one side of the crime is present, only corruption, you cannot have a
consummated corruption without the corresponding consummated bribery. There cannot be a
consummated bribery without the corresponding consummated corruption. (f "ou have briber"
onl", it is onl" possible in the attempted stage. (f "ou have a corruption onl", it is possible onl" in
the attempted stage. A corruptor gives mone" to a public officer for the latter not to prosecute
him. #he public officer received the mone" but &ust the same, arrested him. 0e received the
1/
1.
mone" to have evidence of corruption. 9o not think that because the corruptor has alread"
delivered the mone", he has alread" performed all the acts of execution, and, therefore, the
corruption is alread" be"ond the attempted stage. #hat thinking does awa" with the concept of
the crime that it re2uires two to commit. The manner of committing the crime re(uires the
meeting of the minds between the giver and the receiver.
'hen the giver delivers the mone" to the supposed receiver, but there is no meeting of the
minds, the onl" act done b" the giver is an attempt. (t is not possible for him to perform all the
acts of execution because in the first place, the receiver has no intention of being corrupted.
3imilarl", when a public officer demands a consideration b" official dut", the corruptor turns down
the demand, there is no briber".
(f the one to whom the demand was made pretended to give, but he had reported the matter to
higher authorities, the mone" was marked and this was delivered to the public officer. (f the
public officer was arrested, do not think that because the public officer alread" had the mone" in
his possession, the crime is alread" frustrated briber", it is onl" attempted briber". #his is because
the supposed corruptor has no intention to corrupt. (n short, there is no meeting of the minds.
<n the other hand, if there is a meeting of the minds, there is consummated briber" or
consummated corruption. #his leaves out the frustrated stage because of the manner of
committing the crime.
$ut indirect bribery is always consummated. #his is because the manner of consummating the
crime does not admit of attempt or frustration.
<ou will notice that under the 1evised "enal *ode, when it ta#es two to commit the crime, there
could hardly be a frustrated stage. 7or instance, the crime of adultery. #here is no frustrated
adulter". <nl" attempted or consummated. #his is because it re2uires the link of two participants.
(f that link is there, the crime is consummated1 if such link is absent, there is onl" an attempted
adulter". #here is no middle ground when the link is there and when the link is absent.
#here are instances where an intended felon" could alread" result from the acts of execution
alread" done. =ecause of this, there are felonies where the offender can onl" be determined to
have performed all the acts of execution when the resulting felon" is alread" accomplished.
'ithout the resulting felon", there is no wa" of determining whether the offender has alread"
performed all the acts or not. (t is in such felonies that the frustrated stage does not exist
because without the felon" being accomplished, there is no wa" of stating that the offender has
alread" performed all the acts of execution. An example of this is the crime of rape. #he essence
of the crime is carnal knowledge. )o matter what the offender ma" do to accomplish a
penetration, if there was no penetration "et, it cannot be said that the offender has performed all
the acts of execution. 'e can onl" sa" that the offender in rape has performed all the acts of
execution when he has effected a penetration. <nce there is penetration alread", no matter how
slight, the offense is consummated. 7or this reason, rape admits only of the attempted and
consummated stages, no frustrated stage. #his was the ruling in the case of 4eople v. !rita.
In rape, it re2uires the connection of the offender and the offended part". )o penetration at all,
there is onl" an attempted stage. 3lightest penetration or slightest connection, consummated. Dou
will notice this from the nature of the crime re2uiring two participants.
#his is also true in the crime of arson. (t does not admit of the frustrated stage. In arson, the
moment any particle of the premises intended to be burned is blac#ened, that is already an
indication that the premises have begun to burn. (t does not re2uire that the entire premises be
burned to consummate arson. =ecause of that, the frustrated stage of arson has been eased out.
#he reasoning is that one cannot sa" that the offender, in the crime of arson, has alread"
performed all the acts of execution which could produce the destruction of the premises through
the use of fire, unless a part of the premises has begun to burn. If it has not begun to burn, that
means that the offender has not yet performed all the acts of execution. >n the other hand, the
moment it begins to burn, the crime is consummated. Actuall", the frustrated stage is alread"
standing on the consummated stage except that the outcome did not result. As far as the stage is
concerned, the frustrated stage overlaps the consummated stage.
=ecause of this reasoning b" the %ourt of Appeals in 4eople v. Garcia. the 3upreme %ourt
followed the anal"sis that one cannot sa" that the offender in the crime of arson has alread"
performed all the acts of execution which would produce the arson as a conse2uence, unless and
until a part of the premises had begun to burn.
BUT In :1 v. 0alde; the offender had tried to burn the premises b" gathering &ute sacks la"ing
these inside the room. 0e lighted these, and as soon as the &ute sacks began to burn, he ran
1.
1B
awa". #he occupants of the room put out the fire. #he court held that what was committed was
frustrated arson.
This case was much the way before the decision in the case of 4eople v. Garcia was handed
down and the *ourt of ppeals ruled that there is no frustrated arson. $ut even then, the
analysis in the case of :1 v. 0alde; is correct. #his is because, in determining whether the
felon" is attempted, frustrated or consummated, the court does not onl" consider the definition
under Article / of the -evised !enal %ode, or the stages of execution of the felon". 'hen the
offender has alread" passed the sub&ective stage of the felon", it is be"ond the attempted stage.
(t is alread" on the consummated or frustrated stage depending on whether a felon" resulted. (f
the felon" did not result, frustrated.
The attempted stage is said to be within the subjective phase of execution of a felony. <n the
sub6ective phase, it is that point in time when the offender begins the commission of an overt act
until that point where he loses control of the commission of the crime already. (f he has reached
that point where he can no longer control the ensuing conse2uence, the crime has alread"
passed the sub&ective phase and, therefore, it is no longer attempted. #he moment the execution
of the crime has alread" gone to that point where the felon" should follow as a conse2uence, it is
either already frustrated or consummated. (f the felon" does not follow as a conse2uence, it is
alread" frustrated. (f the felon" follows as a conse2uence, it is consummated.
The trouble is that, in the &urisprudence recogni+ing the ob&ective phase and the sub&ective phase,
the 3upreme %ourt considered not onl" the acts of the offender, but also his belief. #hat although
the offender ma" not have done the act to bring about the felon" as a conse2uence, if he could
have continued committing those acts but he himself did not proceed because he believed that he
had done enough to consummate the crime, 3upreme %ourt said the sub&ective phase has
passed. #his was applied in the case of /' v. Bal#e9. where the offender, having alread" put
kerosene on the &ute sacks, lighted the same, he had no reason not to believe that the fire would
spread, so he ran awa". #hat act demonstrated that in his mind, he believed that he has
performed all the acts of execution and that it is onl" a matter of time that the premises will burn.
#he fact that the occupant of the other room came out and put out the fire is a cause independent
of the will of the perpetrator.
The ruling in the case of :1 v. 0alde; is still correct. $ut in the case of 4eople v. Garcia the
situation is different. 0ere, the offender who put the torch over the house of the offended part",
the house being a nipa hut, the torch which was lighted could easil" burn the roof of the nipa hut.
=ut the torch burned out.
In that case, "ou cannot sa" that the offender believed that he had performed all the acts of
execution. #here was not even a single burn of an" instrument or agenc" of the crime.
The analysis made by the *ourt of ppeals is still correct6 that they could not demonstrate a
situation where the offender has performed all the acts of execution to bring about the crime of
arson and the situation where he has not yet performed all the acts of execution. The weight of
the authority is that the crime of arson cannot be committed in the frustrated stage. #he reason is
because we can hardl" determine whether the offender has performed all the acts of execution
that would result in arson, as a conse2uence, unless a part of the premises has started to burn.
<n the other hand, the moment a particle or a molecule of the premises has blac#ened, in law,
arson is consummated. #his is because consummated arson does not re2uire that the whole of
the premises be burned. (t is enough that an" part of the premises, no matter how small, has
begun to burn.
There are also certain crimes that do not admit of the attempted or frustrated stage, li#e physical
injuries. <ne of the known commentators in criminal law has advanced the view that the crime of
ph"sical in&uries can be committed in the attempted as well as the frustrated stage. 0e explained
that b" going through the definition of an attempted and a frustrated felon" under Article /, if a
person who was about to give a fist blow to another raises his arms, but before he could throw
the blow, somebod" holds that arm, there would be attempted ph"sical in&uries. #he reason for
this is because the offender was not able to perform all the acts of execution to bring about
ph"sical in&uries.
<n the other hand, he also stated that the crime of ph"sical in&uries ma" be committed in the
frustrated stage when the offender was able to throw the blow but somehow, the offended part"
was able to sidestep awa" from the blow. 0e reasoned out that the crime would be frustrated
because the offender was able to perform all the acts of execution which would bring about the
felon" were it not for a cause independent of the will of the perpetrator.
1B
1:
#he explanation is academic. <ou will notice that under the 1evised "enal *ode, the crime of
physical injuries is penali!ed on the basis of the gravity of the injuries. Actuall", there is no simple
crime of ph"sical in&uries. Dou have to categori+e because there are specific articles that appl"
whether the ph"sical in&uries are serious, less serious or slight. (f "ou sa" ph"sical in&uries, "ou
do not know which article to appl". This being so, you could not punish the attempted or
frustrated stage because you do not #now what crime of physical injuries was committed.
Cuestions D Answers
1. Is there an attempted slight physical injuries;
(f there is no result, "ou do not know. %riminal law cannot stand on an" speculation or
ambiguit"1 otherwise, the presumption of innocence would be sacrificed. #herefore, the
commentatorCs opinion cannot stand because "ou cannot tell what particular ph"sical
in&uries was attempted or frustrated unless the conse2uence is there. Dou cannot classif"
the ph"sical in&uries.
2. threw muriatic acid on the face of $. The injuries would have resulted in
deformity were it not for timely plastic surgery. fter the surgery, $ became more handsome.
.hat crime is committed; Is it attempted, frustrated or consummated;
#he crime committed here is serious ph"sical in&uries because of the deformity. 'hen
there is deformit", "ou disregard the healing duration of the wound or the medical treatment
re2uired b" the wound. In order that in law, a deformity can be said to exist, three factors must
concur6
415 #he in&ur" should bring about the ugliness1
425 #he ugliness must be visible1
435 #he ugliness would not disappear through natural healing process.
Along this concept of deformit" in law, the plastic surger" applied to = is beside the point. (n law,
what is considered is not the artificial or the scientific treatment but the natural healing of the
in&ur". 3o the fact that there was plastic surger" applied to = does not relieve the offender from
the liabilit" for the ph"sical in&uries inflicted. #he crime committed is serious ph"sical in&uries. (t is
consummated. (n determining whether a felon" is attempted, frustrated or consummated, "ou
have to consider the manner of committing the felon", the element of the felon" and the nature of
the felon" itself. #here is no real hard and fast rule.
lements of the crime
In the crime of estafa, the element of damage is essential before the crime could be
consummated. (f there is no damage, even if the offender succeeded in carting awa" the personal
propert" involved, estafa cannot be considered as consummated. 7or the crime of estafa to be
consummated, there must be misappropriation alread" done, so that there is damage alread"
suffered b" the offended part". (f there is no damage "et, the estafa can onl" be frustrated or
attempted.
<n the other hand, if it were a crime of theft, damage or intent to cause damage is not an element
of theft. 'hat is necessar" onl" is intent to gain, not even gain is important. #he mere intent to
derive some profit is enough but the thinking must be complete before a crime of theft shall be
consummated. #hat is wh" we made that distinction between theft and estafa.
If the personal property was received by the offender, this is where you have to decide whether
what was transferred to the offender is juridical possession or physical possession only. (f the
offender did not receive the personal propert", but took the same from the possession of the
owner without the latterCs consent, then there is no problem. #hat cannot be estafa1 this is onl"
theft or none at all.
In estafa, the offender receives the property- he does not ta#e it. =ut in receiving the propert",
the recipient ma" be committing theft, not estafa, if what was transferred to him was onl" the
ph"sical or material possession of the ob&ect. It can only be estafa if what was transferred to him
is not only material or physical possession but juridical possession as well.
1:
2;
.hen you are discussing estafa, do not tal# about intent to gain. In the same manner that when
you are discussing the crime of theft, do not tal# of damage.
#he crime of theft is the one commonl" given under Article /. #his is so because the concept of
theft under the -evised !enal %ode differs from the concept of larcen" under American common
law. Ander American common law, the crime of larcen" which is e2uivalent to our crime of theft
here re2uires that the offender must be able to carr" awa" or transport the thing being stolen.
'ithout that carr"ing awa", the larcen" cannot be consummated.
(n our concept of theft, the offender need not move an inch from where he was. (t is not a matter
of carr"ing awa". It is a matter of whether he has already ac(uired complete control of the
personal property involved. #hat complete control simpl" means that the offender has alread"
supplanted his will from the will of the possessor or owner of the personal propert" involved, such
that he could exercise his own control on the thing.
Illustration6
I placed a wallet on a table inside a room. stranger comes inside the room, gets the wallet and
puts it in his poc#et. I suddenly started searching him and I found the wallet inside his poc#et . #he
crime of theft is alread" consummated because he alread" ac2uired complete control of m"
wallet. #his is so true when he removed the wallet from the confines of the table. 0e can exercise
his will over the wallet alread", he can drop this on the floor, etc.
=ut as long as the wallet remains on the table, the theft is not "et consummated1 there can onl"
be attempted or frustrated theft. (f he has started lifting the wallet, it is frustrated. (f he is in the act
of tr"ing to take the wallet or place it under, attempted.
<Ta2ing= in the concept of theft, simply means exercising control over the thing.
If instead of the wallet, the man who entered the room pretended to carry the table out of the
room, and the wallet is there. .hile ta#ing the table out of the room, I apprehended him. It turned
out that he is not authori!ed at all and is interested only in the wallet, not the table. #he crime is
not "et consummated. (t is onl" frustrated because as far as the table is concern, it is the confines
of this room that is the container. As long as he has not taken this table out of the four walls of this
room, the taking is not complete.
man entered a room and found a chest on the table. He opened it found some valuables inside.
He too# the valuables, put them in his poc#et and was arrested. (n this case, theft is
consummated.
$ut if he does not ta#e the valuables but lifts the entire chest, and before he could leave the
room, he was apprehended, there is frustrated theft.
If the thing is stolen from a compound or from a room, as long as the object has not been brought
out of that room, or from the perimeter of the compound, the crime is only frustrated. This is the
confusion raised in the case of :1 v. 3i>o compared with 4eople v. Adio and 4eople v.
Espiritu.
In :1 v. 3i>o the accused loaded boxes of rifle on their truc#. .hen they were on their way out
of the ,outh Harbor, they were chec#ed at the chec#point, so they were not able to leave the
compound. (t was held that what was committed was frustrated #heft.
In 4eople v. Espiritu the accused were on their way out of the supply house when they were
apprehended by military police who found them secreting some hospital linen. (t was held that
what was committed was consummated theft.
#he emphasis, which was erroneousl" laid in some commentaries, is that, in both cases, the
offenders were not able to pass the checkpoint. =ut wh" is it that in one, it is frustrated and in the
other, it is consummated@
In the case of :1 v. 3i>o the boxes of rifle were stocked file inside the compound of the 3outh
0arbor. As far as the boxes of rifle are concerned, it is the perimeter of the compound that is the
container. s long as they were not able to bring these boxes of rifle out of the compound, the
ta#ing is not complete. <n the other hand, in the case of 4eople v. Espiritu. what were taken
were hospital linens. #hese were taken from a warehouse. 0ospital linens were taken from
boxes that were diffused or destro"ed and brought out of the hospital. From the moment they
too# it out of the boxes where the owner or the possessor had placed it, the control is complete.
<ou do not have to go out of the compound to complete the ta#ing or the control.
2;
21
#his is ver" decisive in the problem because in most problems given in the bar, the offender, after
having taken the ob&ect out of the container changed his mind and returned it. (s he criminall"
liable@ 9o not make a mistake b" sa"ing that there is a desistance. If the crime is one of theft,
the moment he brought it out, it was consummated. #he return of the thing cannot be desistance
because in criminal law, desistance is true only in the attempted stage. Dou cannot talk of
desistance an"more when it is alread" in the consummated stage. (f the offender has alread"
ac2uired complete control of what he intended to take, the fact that he changed his mind and
returned the same will no longer affect his criminal liabilit". (t will onl" affect the civil liabilit" of the
crime because he will no longer be re2uired to pa" the ob&ect. As far as the crime committed is
concerned, the offender is criminall" liable and the crime is consummated theft.
Illustration6
and $ are neighbors. >ne evening, entered the yard of $ and opened the chic#en coop
where $ #eeps his fighting coc#s. He discovered that the fighting coc#s were not physically fit for
coc#fighting so he returned it. #he crime is consummated theft. #he will of the owner is to keep
the fighting cock inside the chicken coop. 'hen the offender succeeded in bringing the cock out
of the coop, it is clear that his will completel" governed or superseded the will of the owner to
keep such cock inside the chicken coop. 0ence, the crime was alread" consummated, and being
consummated, the return of the ownerCs propert" is not desistance an"more. #he offender is
criminall" liable but he will not be civill" liable because the ob&ect was returned.
'hen the receptacle is locked or sealed, and the offender broke the same, in lieu of theft, the
crime is robber" with force upon things. 0owever, that the receptacle is locked or sealed has
nothing to do with the stage of the commission of the crime. (t refers onl" to whether it is theft or
robber" with force upon things.
+ature of the crime itself
(n crimes involving the taking of human life parricide, homicide, and murder in the definition of
the frustrated stage, it is indispensable that the victim be mortally wounded. Ander the definition
of the frustrated stage, to consider the offender as having performed all the acts of execution, the
acts alread" done b" him must produce or be capable of producing a felon" as a conse2uence.
The general rule is that there must be a fatal injury inflicted, because it is only then that death will
follow.
If the wound is not mortal, the crime is only attempted. #he reason is that the wound inflicted is
not capable of bringing about the desired felon" of parricide, murder or homicide as a
conse2uence1 it cannot be said that the offender has performed all the acts of execution which
would produce parricide, homicide or murder as a result.
n exception to the general rule is the so=called subjective phase. #he 3upreme %ourt has
decided cases which applied the sub&ective standard that when the offender himself believed that
he had performed all the acts of execution, even though no mortal wound was inflicted, the act is
alread" in the frustrated stage.
1tages of a Crime does not apply in+
1. <ffenses punishable b" 3pecial !enal >aws, unless the otherwise is provided for.
2. 7ormal crimes 4e.g., slander, adulter", etc.5
3. (mpossible %rimes
4. %rimes consummated b" mere attempt. 0xamples* attempt to flee to an enem"
countr", treason, corruption of minors.
8. 7elonies b" omission
/. %rimes committed b" mere agreement. 0xamples6 betting in sports 4endings in
basketball5, corruption of public officers.
(n criminal law, "ou are not allowed to speculate, not to imagine what crime is intended, but appl"
the provisions of the law on the facts given.
est to determine whether attempted or frustrated stage:
21
22
The %rst test is what we call the subective phase. The second test is what
is referred to as the obective phase. #hen the subjective and objective
phases in the commission of the crime are both present, there is a
consummated felony.
0s suggested, the sub!ecti"e phase is the portion of the eecution of the
felony starting from the point where he has control over his acts. If it reaches
the point where he has no more control over his acts, the subjective phase in
the commission of the crime is completed.
or as long as he has control over his acts, the subjective phase in the
commission of the crime is not yet over. If a person while performing acts
that are within the subjective phase is interrupted such that he is not able to
perform all acts of eecution, the crime committed would be attempted.
On the other hand, the ob!ecti"e phase covers that the period of time
where the subjective phase has ended and where the ofender has no more
control over the efects of his criminal acts.
If the subjective phase is completed or has already passed, but the felony
was not produced nonetheless, the crime committed as a rule would be
frustrated.
Applications+
a. A put poison in =Cs food. = threw awa" his food. A is liable $ attempted murder.
1
b. A stole =Cs car, but he returned it. A is liable $ %consummated' theft.
c. A aimed his gun at =. % held ACs hand and prevented him from shooting = $
attempted murder.
d. A inflicted a mortal wound on =. = managed to survive $ frustrated murder.
e. A intended to kill = b" shooting him. A missed = attempted murder.
f. A doused =Cs house with kerosene. =ut before he could light the match, he was
caught $ attempted arson.
g. A cause a bla+e, but did not burn the house of = $ frustrated arson.
h. =Cs house was set on fire b" A $ %consummated' arson.
i. A tried to rape =. = managed to escape. #here was no penetration $ attempted
rape.
j. A got hold of =Cs painting. A was caught before he could leave =Cs house $
frustrated robbery.
)
Art. E. $hen light felonies are punishable. 88 Light felonies are punisha!le
onl" when the" have !een consummate# with the e%ception of those
committe# against persons or propert".
1
The difference between murder and homicide will be discussed in Criminal Law II. These crimes
are found in Articles 248 and 249, Boo II of the !e"ised #enal Code.

2
The difference between theft and robber$ will be discussed in Criminal Law II. These crimes are
found in Title Ten, Cha%ters &ne and Three, Boo II of the !e"ised #enal Code.
22
23
0 light felony is a violation of a penal law which is punished by a penalty of
imprisonment of not more than thirty days or arresto menor or a %ne of not
more than $+77.77 or both, upon the discretion of the court.
0xamples of light felonies* slight ph"sical in&uries1 theft4php 8.;; or less51 alteration of
boundar" marks1 alarms and scandals1 simple slander1 malicious mischief4not
exceed php 2;;.;;51 and intriguing against honor.
(n commission of crimes against properties and persons, ever" stage of execution is
punishable but onl" the principals and accomplices are liable for light felonies,
accessories are not.
Art. F. "onspiracy and proposal to commit felony. 88 Conspirac" an# proposal
to commit felon" are punisha!le onl" in the cases in which the law
speciall" provi#es a penalt" therefore.
A conspirac" e%ists when two or more persons come to an
agreement concerning the commission of a felon" an# #eci#e to commit it.
There is proposal when the person who has #eci#e# to commit a
felon" proposes its e%ecution to some other person or persons.
*onspiracy is punishable in the following cases* treason, rebellion or insurrection,
sedition, coup dC etat, arson4!9 1/135 and monopolies and combinations in restraint
of trade.
*onspiracy to commit a crime is not to be confused with conspiracy as a means of
committing a crime. (n both cases there is an agreement but mere conspirac" to
commit a crime is not punished 6F%6!# in treason, rebellion, or sedition. 6ven then,
if the treason is actuall" committed, the conspirac" will be considered as a means of
committing it and the accused will all be charged for treason and not for conspirac"
to commit treason.

Conspirac" an# Proposal to Commit a Crime
Conspiracy 4roposal
6lements Agreement among 2 or more
persons to commit a crime
#he" decide to commit it
A person has decided to commit a crime
0e proposes its commission to another
"rimes 1. %onspirac" to commit sedition
2. %onspirac" to commit rebellion
3. %onspirac" to commit treason
1. !roposal to commit treason
2. !roposal to commit rebellion or
insurrection

In proposal, only the person proposing or the proponent is criminally liable
Mere conspirac" in combination in restraint of trade 4Art. 1B/5, and brigandage 4Art.
3;/5.
Two ways for conspiracy to exist+
%&' There is an agreement.
%)' The participants acted in concert or simultaneously which is indicative of a meeting of the
minds towards a common criminal goal or criminal objective. 'hen several offenders act
in a s"nchroni+ed, coordinated manner, the fact that their acts complimented each other
is indicative of the meeting of the minds. #here is an implied agreement.
Two 2inds of conspiracy+
%&' "onspiracy as a crime- and
%)' "onspiracy as a manner of incurring criminal liability
23
24
$hen conspiracy itself is a crime, no overt act is necessary to bring about the criminal liability. The
mere conspiracy is the crime itself. #his is onl" true when the law expressl" punishes the mere
conspirac"1 otherwise, the conspirac" does not bring about the commission of the crime because
conspirac" is not an overt act but a mere preparator" act. Treason, rebellion, sedition, and coup
d5etat are the only crimes where the conspiracy and proposal to commit to them are punishable.
.hen the conspiracy is only a basis of incurring criminal liability, there must be an overt act done
before the co$conspirators become criminall" liable.
.hen the conspiracy itself is a crime, this cannot be inferred or deduced because there is no
overt act. All that there is the agreement. <n the other hand, if the co$conspirator or an" of them
would execute an overt act, the crime would no longer be the conspirac" but the overt act itself.
If the conspiracy is only a basis of criminal liability, none of the co$conspirators would be liable,
unless there is an overt act. 3o, for as long as an"one shall desist before an overt act in
furtherance of the crime was committed, such a desistance would negate criminal liabilit". For as
long as none of the conspirators has committed an overt act, there is no crime yet. =ut when one
of them commits an" overt act, all of them shall be held liable, unless 15a co$conspirator was
absent from the scene of the crime or 25he showed up, but he tried to prevent the commission of
the crime
s a general rule, if there has been a conspirac" to commit a crime in a particular place, an"one
who did not appear shall be presumed to have desisted. The exception to this is if such person
who did not appear was the mastermind.
conspiracy as a crime, must have a clear and convincing evidence of its existence. 6ver" crime
must be proved be"ond reasonable doubt.
.hen the conspiracy is just a basis of incurring criminal liability, however, the same ma" be
deduced or inferred from the acts of several offenders in carr"ing out the commission of the
crime. #he existence of a conspirac" ma" be reasonabl" inferred from the acts of the offenders
when such acts disclose or show a common pursuit of the criminal ob&ective.
*onspiracy is a matter of substance which must be alleged in the information, otherwise, the
court will not consider the same.
In 4eople v. ?aurio "@@ 1C*A A#% it was held that it must be established b" positive and
conclusive evidence, not b" con&ectures or speculations.

In Taer v. CA $#) 1C*A 8%#@ it was held that mere knowledge, ac2uiescence to, or approval of
the act, without cooperation or at least, agreement to cooperate, is not enough to constitute a
conspirac". #here must be an intentional participation in the crime with a view to further the
common felonious ob&ective.
conspiracy is possible even when participants are not #nown to each other.
!roposal is true onl" up to the point where the part" to whom the proposal was made has not "et
accepted the proposal. >nce the proposal was accepted, a conspiracy arises. !roposal is
unilateral, one part" makes a proposition to the other1 conspirac" is bilateral, it re2uires two
parties.
#here is conspirac" when the offenders acted simultaneousl" pursuing a common criminal
design1 thus, acting out a common criminal intent.
0ven though there was conspiracy, if a co=conspirator merely cooperated in the commission of
the crime with insignificant or minimal acts, such that even without his cooperation, the crime
could be carried out as well, such co=conspirator should be punished as an accomplice only.
Composite crimes
*omposite crimes are crimes which, in substance, consist of more than one crime but in the e"es
of the law, there is onl" one crime. 7or example, the crimes of robber" with homicide, robber"
with rape, robber" with ph"sical in&uries.
In case the crime committed is a composite crime, the conspirator will be liable for all the acts
committed during the commission of the crime agreed upon. #his is because, in the e"es of the
24
28
law, all those acts done in pursuance of the crime agreed upon are acts which constitute a single
crime.
s a general rule, when there is conspirac", the rule is that the act of one is the act of all. #his
principle applies onl" to the crime agreed upon.
The exception is if an" of the co$conspirator would commit a crime not agreed upon. #his
happens when the crime agreed upon and the crime committed b" one of the co$conspirators are
distinct crimes.
0xception to the exception* (n acts constituting a single indivisible offense, even though the co$
conspirator performed different acts bringing about the composite crime, all will be liable for such
crime. #he" can onl" evade responsibilit" for an" other crime outside of that agreed upon if it is
proved that the particular conspirator had tried to prevent the commission of such other act.
The rule would be different if the crime committed was not a composite crime.
Art. 5. 7rave felonies are those to which the law attaches the capital
punishment or penalties which in an" of their are afflictive. in accor#ance
with Article 7= of this Co#e.
8ess grave felonies are those which the law punishes with penalties
which in their ma%imum perio# are correctional. in accor#ance with the
a!ove8mentione# article.
8ight felonies are those infractions of law for the commission of
which he penalt" of arresto mayor or a fine not e%cee#ing 7GG pesos. or
!oth is provi#e#.
Capital punishment $ death penalt".
4enalties ,imprisonment-+
Grave $ six "ears and one da" to reclusion perpetua 4life51

?ess grave $ one month and one da" to six "ears1

?ight $ arresto menor 4one da" to 3; da"s5.
>elonies are classifie# as follows:
(2) According to the manner of their commission
*nder #rticle 5, they are classified as, intentional felonies or those committed with
deliberate intent1 and culpable felonies or those resulting from negligence, reckless
imprudence, lack of foresight or lack of skill.
(7) According to the stages of their execution
*nder #rticle 9., felonies are classified as attempted felony when the offender
commences the commission of a felon" directl" b" overt acts, and does not perform all
the acts of execution which should produce the felon" b" reason of some cause or
accident other than his own spontaneous desistance1 frustrated felony when the
offender commences the commission of a felon" as a conse2uence but which would
produce the felon" as a conse2uence but which nevertheless do not produce the felon"
b" reason of causes independent of the perpetrator1 and, consummated felony when all
the elements necessar" for its execution are present.
(6) According to their gravity
*nder #rticle :, felonies are classified as grave felonies or those to which attaches the
capital punishment or penalties which in an" of their periods are afflictive1 less grave
28
2/
felonies or those to which the law punishes with penalties which in their maximum period
was correccional1 and light felonies or those infractions of law for the commission of
which the penalt" is arresto menor.
#hile 0rticle , classi%es the crimes into Intentional and &ulpable, a
third class can be grouped with it 8 that is, those de%ned and penali"ed by
special laws which include crime punished by city or municipality ordinances.
They are generally referred to as mala prohibita. 0s a rule, intent to commit
the crime is not necessary. It is su9cient that the ofender has the intent to
perpetrate the act prohibited by the special law. The act alone, irrespective of
the motives, constitutes the ofense. :ood faith is not a defense.
.hy is it necessary to determine whether the crime is grave, less grave or light;
To determine whether these felonies can be complexed or not, and to determine the prescription
of the crime and the prescription of the penalty. (n other words, these are felonies classified
according to their gravit", stages and the penalt" attached to them. #ake note that when the
-evised !enal %ode speaks of grave and less grave felonies, the definition makes a reference
specificall" to Article 28 of the -evised !enal %ode. 9o not omit the phrase G(n accordance with
Article 28H because there is also a classification of penalties under Article 2/ that was not applied.
If the penalty is fine and exactly ")??.??, it is onl" considered a light felon" under Article :.
If the fine is imposed as an alternative penalty or as a single penalty, the fine of !2;;.;; is
considered a correctional penalt" under Article 2/.
If the penalty is exactly ")??.??, appl" Article 2/. (t is considered as correctional penalt" and it
prescribes in 1; "ears. (f the offender is apprehended at an" time within ten "ears, he can be
made to suffer the fine.
In the case of light felonies, crimes prescribe in two months. If the crime is correctional, it
prescribes in ten "ears, except arresto mayor, which prescribes in five "ears.
Art. 2G. ;ffenses not subject to the provisions of this code. 880ffenses which
are or in the future ma" !e punisha!le un#er special laws are not su!:ect to
the provisions of this Co#e. This Co#e shall !e supplementar" to such
laws. unless the latter shoul# speciall" provi#e the contrar".
For ,pecial 9aws* !enalties should be imprisonment, and not reclusion perpetua,
etc.
>ffenses that are attempted or frustrated are not punishable, unless otherwise
stated.
"lea of guilty is not mitigating for offenses punishable b" special laws.
No minimum, medium, and maximum periods for penalties.
No penalty for an accessory or accomplice, unless otherwise stated.
4rovisions of *4C applicable to special laws+
a. Art. 1/ !articipation of Accomplices
b. Art. 22 -etroactivit" of !enal laws if favorable to the accused
c. Art. 48 %onfiscation of instruments used in the crime
<ou will only apply the provisions of the 1evised "enal *ode as a supplement to the special law,
or simply correlate the violated special law, if needed to avoid an injustice. (f no &ustice would
result, do not give suppletoril" application of the -evised !enal %ode to that of special law.
In 4eople v. *odrigue;. it was held that the use of arms is an element of rebellion, so a rebel
cannot be further prosecuted for possession of firearms. violation of a special law can never
absorb a crime punishable under the 1evised "enal *ode, because violations of the 1evised
2/
2.
"enal *ode are more serious than a violation of a special law. $ut a crime in the 1evised "enal
*ode can absorb a crime punishable by a special law if it is a necessary ingredient of the crime in
the 1evised "enal *ode.
In the crime of sedition, the use of firearms is not an ingredient of the crime. 0ence, two
prosecutions can be had* 415 sedition1 and 425 illegal possession of firearms.
$ut do not thin# that when a crime is punished outside of the 1evised "enal *ode, it is already a
special law. 7or example, the crime of cattle=rustling is not a mala prohibitum but a modification
of the crime theft of large cattle. 3o !residential 9ecree )o. 833, punishing cattle$rustling, is not
a special law. (t can absorb the crime of murder. (f in the course of cattle rustling, murder was
committed, the offender cannot be prosecuted for murder. Murder would be a 2ualif"ing
circumstance in the crime of 2ualified cattle rustling. #his was the ruling in 4eople v. 'artinada.
If a special law is an amendment to a provision of the .$&, the act is
considered a felony and conse/uently the provisions of the .$& are made
applicable to such special law.
#he amendments of !residential 9ecree )o. /428 4#he 9angerous 9rugs Act of 1:.25 b"
-epublic Act )o. ./8:, which adopted the scale of penalties in the -evised !enal %ode, means
that mitigating and aggravating circumstances can now be considered in imposing penalties.
!residential 9ecree )o. /428 does not expressl" prohibit the suppletor" application of the
-evised !enal %ode. #he stages of the commission of felonies will also appl" since suppletor"
application is now allowed.
In conclusion, any ;pecial <aw that uses the nomenclature of the .evised
$enal &ode in the imposition of penalties makes such ;pecial <aw a felony.
Circumstances affecting criminal lia!ilit"
There are five circumstances affecting criminal liability:
415 Iustif"ing circumstances1
425 6xempting circumstances1
435 Mitigating circumstances1
445 Aggravating circumstances1 and
485 Alternative circumstances.
There are two others which are found elsewhere in the provisions of the Revised Penal Code*
415 Absolutor" cause1 and

425 6xtenuating circumstances.
In justifying and exempting circumstances, there is no criminal liability. 'hen an accused invokes
them, he in effect admits the commission of a crime but tries to avoid the liabilit" thereof. #he
burden is upon him to establish be"ond reasonable doubt the re2uired conditions to &ustif" or
exempt his acts from criminal liabilit". 'hat is shifted is onl" the burden of evidence, not the
burden of proof.
4ustifying circumstances contemplate intentional acts and, hence, are incompatible with dolo.
0xempting circumstances ma" be invoked in culpable felonies.
A!solutor" cause
The effect of this is to absolve the offender from criminal liability, although not from civil liability.
$ - rticle )? provides that the penalties prescribed for accessories shall not be imposed upon
those who are such with respect to their spouses, ascendants, descendants, legitimate, natural
and adopted brothers and sisters, or relatives b" affinit" within the same degrees with the
2.
2B
exception of accessories who profited themselves or assisting the offender to profit b" the effects
of the crime.
"- rticle @A provides how criminal liability is extinguished6
9eath of the convict as to the personal penalties, and as to pecuniar" penalties, liabilit" therefor is
extinguished if death occurs before final &udgment1
3ervice of the sentence1
Amnest"1
Absolute pardon1
!rescription of the crime1
!rescription of the penalt"1 and
Marriage of the offended woman as provided in Article 344.
&- :nder rticle )BC, a legall" married person who kills or inflicts ph"sical in&uries upon his or her
spouse whom he surprised having sexual intercourse with his or her paramour or mistress in not
criminall" liable.
A- :nder rticle )&A, discovering secrets through sei+ure of correspondence of the ward b" their
guardian is not penali+ed.
8- :nder rticle DD), in the case of theft, swindling and malicious mischief, there is no criminal
liabilit" but onl" civil liabilit", when the offender and the offended part" are related as spouse,
ascendant, descendant, brother and sister$in$law living together or where in case the widowed
spouse and the propert" involved is that of the deceased spouse, before such propert" had
passed on to the possession of third parties.
)- :nder rticle DBB, in cases of seduction, abduction, acts of lasciviousness, and rape, the
marriage of the offended part" shall extinguish the criminal action.
E) 0ny person who entered another=s dwelling to prevent serious harm to
himself, the occupants of the dwelling or a third person rendered some
service to humanity or justice, or entered cafes, taverns, inns and other
public houses while the same were open. #$rt. '()& par. *%
bsolutory cause has the effect of an exempting circumstance and they are predicated on lac# of
voluntariness li#e instigation. Instigation is associated with criminal intent. 8o not consider culpa
in connection with instigation. If the crime is culpable, do not tal# of instigation. In instigation, the
crime is committed with dolo. It is confused with entrapment.
0ntrapment is not an absolutory cause. 0ntrapment does not exempt the offender or mitigate his
criminal liability. $ut instigation absolves the offender from criminal liability because in instigation,
the offender simply acts as a tool of the law enforcers and, therefore, he is acting without criminal
intent because without the instigation, he would not have done the criminal act which he did upon
instigation of the law enforcers.
3ifference between instigation and entrapment
In instigation, the criminal plan or design exists in the mind of the law enforcer with whom the
person instigated cooperated so it is said that the person instigated is acting onl" as a mere
instrument or tool of the law enforcer in the performance of his duties.
<n the other hand, in entrapment, a criminal design is alread" in the mind of the person
entrapped. (t did not emanate from the mind of the law enforcer entrapping him. 6ntrapment
involves onl" wa"s and means which are laid down or resorted to facilitate the apprehension of
the culprit.
0ntrapment is not an absolutory cause because in entrapment, the offender is already committing
a crime.
The element which ma#es instigation an absolutory cause is the lac# of criminal intent as an
element of voluntariness.
2B
2:
If the instigator is a law enforcer, the person instigated cannot be criminall" liable, because it is
the law enforcer who planted that criminal mind in him to commit the crime, without which he
would not have been a criminal. If the instigator is not a law enforcer, both will be criminally
liable, you cannot have a case of instigation. (n instigation, the private citi+en onl" cooperates
with the law enforcer to a point when the private citi+en upon instigation of the law enforcer
incriminates himself. (t would be contrar" to public polic" to prosecute a citi+en who onl"
cooperated with the law enforcer. #he private citi+en believes that he is a law enforcer and that is
wh" when the law enforcer tells him, he believes that it is a civil dut" to cooperate.
If the person instigated does not #now that the person is instigating him is a law enforcer or he
#nows him to be not a law enforcer, this is not a case of instigation. This is a case of inducement,
both will be criminally liable.
In entrapment, the person entrapped should not #now that the person trying to entrap him was a
law enforcer. #he idea is incompatible with each other because in entrapment, the person
entrapped is actuall" committing a crime. #he officer who entrapped him onl" la"s down wa"s
and means to have evidence of the commission of the crime, but even without those wa"s and
means, the person entrapped is actuall" engaged in a violation of the law.
Instigation absolves the person instigated from criminal liability. #his is based on the rule that a
person cannot be a criminal if his mind is not criminal. <n the other hand, entrapment is not an
absolutory cause. It is not even mitigating.
(n case of somnambulism or one who acts while sleeping, the person involved is definitel"
acting without freedom and without sufficient intelligence, because he is asleep. 0e is moving
like a robot, unaware of what he is doing. 3o the element of voluntariness which is necessar" in
dolo and culpa is not present. 3omnambulism is an absolutor" cause. (f element of
voluntariness is absent, there is no criminal liabilit", although there is civil liabilit", and if the
circumstance is not among those enumerated in Article 12, refer to the circumstance as an
absolutor" cause.
'ista2e of fact is an absolutory cause. #he offender is acting without criminal intent. 3o in
mistake of fact, it is necessar" that had the facts been true as the accused believed them to be,
this act is &ustified. (f not, there is criminal liabilit", because there is no mistake of fact an"more.
#he offender must believe he is performing a lawful act.
%tenuating circumstances

The effect of this is to mitigate the criminal liability of the offender. (n other words, this has the
same effect as mitigating circumstances, onl" "ou do not call it mitigating because this is not
found in Article 13.
#he concealment of honor by mother in the crime of infanticide is an extenuating circumstance
but not in the case of parricide when the age of the victim is three da"s old and above.
In the crime of adultery on the part of a married woman abandoned by her husband.
Abandonment b" the husband does not &ustif" the act of the woman. (t onl" extenuates or
reduces criminal liabilit". .hen the effect of the circumstance is to lower the penalty there is an
extenuating circumstance.
-istinctions !etween :ustif"ing circumstances an# e%empting circumstances
In 6ustifying circumstances 7
415 #he circumstance affects the act, not the actor1
425 #he act complained of is considered to have been done within the bounds of law1 hence,
it is legitimate and lawful in the e"es of the law1
435 3ince the act is considered lawful, there is no crime, and because there is no crime, there
is no criminal1
445 3ince there is no crime or criminal, there is no criminal liabilit" as well as civil liabilit".
In exempting circumstances /
415 #he circumstances affect the actor, not the act1
2:
3;
425 #he act complained of is actuall" wrongful, but the actor acted without voluntariness. 0e
is a mere tool or instrument of the crime1
435 3ince the act complained of is actuall" wrongful, there is a crime. =ut because the actor
acted without voluntariness, there is absence of dolo or culpa. #here is no criminal1
445 3ince there is a crime committed but there is no criminal, there is civil liabilit" for the
wrong done. =ut there is no criminal liabilit". 0owever, in paragraphs 4 and . of Article
12, there is neither criminal nor civil liabilit".
.hen you apply for justifying or exempting circumstances, it is confession and avoidance and
burden of proof shifts to the accused and he can no longer rely on wea#ness of prosecution5s
evidence
Art. 22: <ustifying "ircumstances 8 those wherein the acts of the actor are in
accor#ance with law. hence. he is :ustifie#. There is no criminal an# civil
lia!ilit" !ecause there is no crime.
1E?9-3E9E/1E
A. 1eason for lawfulness of self=defense* because it would be impossible for the
3tate to protect all its citi+ens. Also a person cannot &ust give up his rights
without an" resistance being offered.
,ince the justifying circumstances are in the nature of defensive acts, there must be always
unlawful aggression. The reasonableness of the means employed depends on the gravity of the
aggression. If the unlawful aggressor was #illed, this can only be justified if it was done to save
the life of the person defending or the person being defended. The e(uation is <life was ta2en
to save life.=
=. Rights inclu#e# in self8#efense*
1. 9efense of person
2. 9efense of rights protected b" law
3. 9efense of property*
a. #he owner or lawful possessor of a thing has a right to exclude an"
person from the en&o"ment or disposal thereof. 7or this purpose, he ma" use
such force as ma" be reasonabl" necessar" to repel or prevent an actual or
threatened unlawful ph"sical invasion or usurpation of his propert". 4rt. B)A,
New *ivil *ode5

4. 9efense of chastity
C. L&+T':
2. /+LA,>/L AGGR'')0+ $ is a ph"sical act manifesting danger to life or
limb1 it is either actual or imminent.
a. #ctual=real aggression $ -eal aggression presupposes an act positivel"
strong, showing the wrongful intent of the aggressor, which is not merel"
threatening or intimidating attitude, but a material attack. #here must be
real danger to life a personal safet".
b. Imminent unlawful aggression $ it is an attack that is impending or on the
point of happening. (t must not consist in a mere threatening attitude, nor
must it be merel" imaginar". #he intimidating attitude must be offensive
and positivel" strong.
8o not confuse unlawful aggression with provocation. 'hat &ustifies the killing of a
supposed unlawful aggressor is that if the offender did not kill the aggressor, it will be
his own life that will be lost.
3;
31
To give rise to self-defense& the aggression must not be a lawful one
like the attack of a husband against a paramour of his wife whom he
surprised in an uncompromising situation, or a chief of police who threw
stones at the accused who was running away to elude arrest of a crime
committed in his presence. Their aggression was not considered unlawful.
c. 'here there is an agreement to fight, there is no unlawful aggression.
6ach of the protagonists is at once assailant and assaulted, and neither
can invoke the right of self$defense, because aggression which is an
incident in the fight is bound to arise from one or the other of the
combatants. 6xception* 'here the attack is made in violation of the
conditions agreed upon, there ma" be unlawful aggression.
d. :nlawful aggression in self=defense, to be justifying, must exist at the
time the defense is made. (t ma" no longer exist if the aggressor runs
awa" after the attack or he has manifested a refusal to continue fighting.
(f the person attacked allowed some time to elapse after he suffered the
in&ur" before hitting back, his act of hitting back would not constitute self$
defense, but revenge.
The unlawful aggression must come from the person who was attacked by
the accused. It follows that when the source of the unlawful aggression is not
known, then unlawful aggression cannot be considered present in the
resolution of the case. This observation is true only in self!defense. Obviously,
it cannot apply to defense of relatives and strangers.
A light push on the head with the hand is not unlawful aggression, but a
slap on the face is, because his dignit" is in danger.
A police officer exceeding his authorit" ma" become an unlawful
aggressor.
#he nature, character, location, and extent of the wound ma" belie claim
of self$defense.
#hen the aggressors runs away, the one making a defense has no more right
to invoke self!defense. (People vs& #lconga)
2 7. RA'0+A(L +C'')TH 0> T1 &A+' &PL0H- T0
PRB+T 0R RPL )T;
It contemplates two situations that may arise while the aggression is taking
place. The +rst is to repel an actual aggression. The second is to prevent an
imminent or impending aggression.
a. *e.uisites+
Means were used to prevent or repel
Means must be necessar" and there is no other wa" to prevent or
repel it
Means must be reasonable depending on the circumstances, but
generall" proportionate to the force of the aggressor.
b. #he rule here is to stand your ground when in the right which ma"
invoked when the defender is unlawfull" assaulted and the aggressor is
armed with a weapon.
#here the accused is >where he has the right to be? the law does not re/uire
him to retreat when assaulted, but rather to >stand ground when in the
right.? (*&+& vs& -amen)
31
32
c. #he rule is more liberal when the accused is a peace officer who, unlike a
private person, cannot run awa".
d. #he reasonable necessit" of the means emplo"ed to put up the defense.
The gauge of reasonable necessity is the instinct of self=preservation,
i.e. a person did not use his rational mind to pick a means of defense
but acted out of self$preservation, using the nearest or onl" means
available to defend himself, even if such means be disproportionatel"
advantageous as compared with the means of violence emplo"ed b"
the aggressor.
1easonableness of the means depends on the nature and the (uality
of the weapon used, physical condition, character, si!e and other
circumstances.
#hether or not the means employed is reasonable will depend upon the
place, occasion and other circumstances. @ore often, it is the nature and
/uality of weapon used by the aggressor. It is also dictated by the physical
condition, si"e and se of the person defending himself.
6. LACI 0> '/>>)C)+T PR0B0CAT)0+ 0+ T1 PART 0> T1
PR'0+ ->+-)+G 1)&'L>.
5or provocation to be considered serious by the court, the degree must be
su9cient and must at all times be immediate to the unlawful aggression.
("astanares vs& "ourt of #ppeals, :( +"!# >9?)
a. 'hen no provocation at all was given to the aggressor b" the person
defending himself.
b. .hen even if provocation was given by the person defending himself,
such was not sufficient to cause violent aggression on the part of the
attac#er, i.e. the amount of provocation was not sufficient to stir the
aggressor into the acts which led the accused to defend himself.
c. 'hen even if the provocation were sufficient, it was not given b" the
person defending himself.
d. 'hen even if provocation was given b" the person defending himself, the
attack was not proximate or immediate to the act of provocation.
e. 3ufficient means proportionate to the damage caused b" the act, and
ade2uate to stir one to its commission.
-. Iin#s of 'elf8-efense
1. 1elf-defense of chastity $ to be entitled to complete self$defense of chastit",
there must be an attempt to rape, mere imminence thereof will suffice.
Honor of a woman in respect of her defense is e(uated with her virginity
2. 3efense of property $ an attack on the propert" must be coupled with an
attack on the person of the owner, or of one entrusted with the care of such
propert".
#his can onl" be invoked if the life and limb of the person making the defense is also the sub&ect
of unlawful aggression. 9ife cannot be e(ual to property.
3. 1elf-defense in libel $ ph"sical assault ma" be &ustified when the libel is
aimed at a personCs good name, and while the libel is in progress, one libel
deserves another.
32
33
In order however, that one may invoke this novel doctrine, the defamatory
statements made by the accused must be a fair answer to the libel made by
the supposed ofended party and must be related to the imputation made. (pp
vs& "hua @ong) In conclusion, if the answer which is libelous is ecessive, it will
not constitute self!defense.
J(ur#en of proof $ on the accused 4sufficient, clear and convincing evidence1
must rel" on the strength of his own evidence and not on the weakness of the
prosecution5
->+' 0> RLAT)B
Elements+
'& unlawful aggression
(& reasonable necessity of the means employed to prevent or repel the attac%4
5& in case provocation was given by the person attac%ed, that the person ma%ing the
defense had no part in such provocation&

*elatives entitled to the defense*
1. spouse
2. ascendants
3. descendants
4. legitimate, natural or adopted brothers or sisters
8. relatives b" affinit" in the same degree 42
nd
degree5
/. relatives b" consanguinit" within the 4th civil degree.
The third element need not ta#e place. #he relative defended ma" even be the
original aggressor. All that is re2uired to &ustif" the act of the relative defending
is that he takes no part in such provocation.
Eeneral opinion is to the effect that all relatives mentioned must be legitimate,
except in cases of brothers and sisters who, b" relatives b" nature, ma" be
illegitimate.
#he unlawful aggression ma" depend on the honest belief of the person making
the defense.
If the person being defended is already a second cousin, "ou do not invoke defense of relative
an"more. (t will be defense of stranger. #his is vital because if the person making the defense
acted out or revenge, resentment or some evil motive in killing the aggressor, he cannot invoke
the &ustif"ing circumstance if the relative defended is alread" a stranger in the e"es of the law.
<n the other hand, if the relative defended is still within the coverage of defense of relative, even
though he acted out of some evil motive, it would still appl". (t is enough that there was unlawful
aggression against the relative defended, and that the person defending did not contribute to the
unlawful aggression.
Mista,e of fact can be the basis of defending a relative. If the defender
believes in good faith the events presented to him and he acts accordingly,
he is entitled to the bene%t of defense of relatives, even if later on, the
events would actually show that they were diferent.
->+' 0> 'TRA+GR
Elements
'& unlawful aggression
(& reasonable necessity of the means employed to prevent or repel the attac%4
5& the person defending be not induced by revenge, resentment or other evil motive&
33
34
JJJ A relative not included in defense of relative is included in defense of stranger.
EEE $e not induced by evil motive means that even an enem" of the aggressor who
comes to the defense of a stranger ma" invoke this &ustif"ing circumstances so long
as he is not induced b" a motive that is evil.
'TAT 0> +C'')TH
. rt. &&, "ar. B provides6
An" person who. in or#er to avoi# an evil or in:ur". #oes an act which
causes #amage to another. provi#e# that the following re.uisites are
present:
0irst& That the evil sought to !e avoi#e# actuall" e%ists;
+econd. That the in:ur" feare# !e greater than that #one to avoi# it;
)hird& That there !e no other practical an# less harmful means of
preventing it.
The term damage to another refers to injury to persons and prejudice or
damage to property.
The term evil, means harmful, injurious, disastrous, and destructive. 0s
contemplated, it must actually eist. If it is merely epected or anticipated,
the one acting by such notion is not in a state of necessity.
$. A state of necessity exists when there is a clash between une2ual rights, the
lesser right giving wa" to the greater right. Aside from the 3 re2uisites stated in
the law, it should also be added that the necessity must not be due to the
negligence or violation of any law by the actor.
The state of necessity must not have been created by the one invo#ing the justifying
circumstances.
*. The person for whose benefit the harm has been prevented shall be civilly liable
in proportion to the benefit which may have been received. #his is the onl"
&ustif"ing circumstance which provides for the pa"ment of civil indemnit". Ander
the other &ustif"ing circumstances, no civil liabilit" attaches. #he courts shall
determine, in their sound discretion, the proportionate amount for which one is
liable.
*ivil liability referred to in a state of necessity is based not on the act committed but on the
benefit derived from the state of necessity. ,o the accused will not be civilly liable if he did not
receive any benefit out of the state of necessity. >n the other hand, persons who did not
participate in the damage or injury would be pro tanto civilly liable if they derived benefit out of the
state of necessity.
>/L>)LL&+T 0> -/TH 0R LA,>/L *RC)' 0> A R)G1T 0R
0>>)C
A. Elements+
'& that the accused acted in the performance of a duty, or in the lawful exercise of a
right or office4
(& that the injury caused or offense committed be the necessary consequence of the
due performance of the duty, or the lawful exercise of such right or office&
=. A police officer is &ustified in shooting and killing a criminal who refuses to stop
when ordered to do so, and after such officer fired warning shots in the air.
shooting an offender who refused to surrender is &ustified, but not a thief who
refused to be arrested.
34
38
%. The accused must prove that he was duly appointed to the position he claimed
he was discharging at the time of the commission of the offense. (t must be
made to appear not onl" that the in&ur" caused or the offense committed was
done in the fulfillment of a dut", or in the lawful exercise of a right or office, but
that the offense committed was a necessar" conse2uence of such fulfillment of
dut", or lawful exercise of a right or office.
9. A mere securit" guard has no authorit" or dut" to fire at a thief, resulting in the
latterCs death.
0(-)+C T0 A '/PR)0R 0R-R
A. Elements+
'& there is an order4
(& the order is for a legal purpose4
5& the means used to carry out said order is lawful&
The person giving the order must act within the limitations prescribed by law.
The subordinate taking the order must likewise act within the bounds of law.
(People vs& ;anis)
=. The subordinate who is made to comply with the order is the party which may
avail of this circumstance. #he officer giving the order ma" not invoke this.
%. #he subordinate5s good faith is material here. (f he obe"ed an order in good
faith, not being aware of its illegalit", he is not liable. 0owever, the order must
not be patently illegal. (f the order is patentl" illegal this circumstance cannot be
validl" invoked.
9. #he reason for this &ustif"ing circumstance is the subordinateCs mistake of fact in
good faith.
6. 0ven if the order be patently illegal, the subordinate ma" "et be able to invoke
the exempting circumstances of having acted under the compulsion of an
irresistible force, or under the impulse of an uncontrollable fear.
*&PT)+G C)RC/&'TA+C'
Exempting circumstances %non=imputability' are those ground for exemption from
punishment because there is wanting in the agent of the crime of an" of the
conditions which make the act voluntar", or negligent.
Basis+ #he exemption from punishment is based on the complete absence of
intelligence, freedom of action, or intent, or on the absence of negligence on the part
of the accused.
# person who acts $I)@;*) A#8I"6 4without intelligence, freedom of action or
intent5 or $I)@;*) B678I76B"6 4without intelligence, freedom of action or fault5
is B;) "!IAIB#88C 8I#,86 or is 6D6AP) 0!;A P*BI+@A6B)&
#here is a crime committed but no criminal liability arises from it because of the
complete absence of an" of the conditions which constitute free will or voluntariness
of the act.
Burden of proof+ An" of the circumstances is a matter of defense and must be
proved b" the defendant to the satisfaction of the court.
38
3/
Art. 27& "I!"*A+)#B"6+ $@I"@ 6D6AP) 0!;A "!IAIB#8 8I#,I8I)C.
The following are e%empt from criminal lia!ilit":
2. A+ )&(C)L 0R )+'A+ PR'0+. unless the latter has acte# #uring a
luci# interval.
'hen the imbecile or an insane person has committed an act which the law defines
as a felon" 4delito5, the court shall order his confinement on one of the hospital or
as"lums established for persons thus afflicted. 0e shall not be permitted to leave
without first obtaining the permission of the same court.
*e.uisites+
a. <ffender is an imbecile
b. <ffender was insane at the time of the commission of the crime
)&(C)L)TH 0R )+'A+)TH
a. Basis+ complete absence of intelligence, and element of voluntariness.
b. 3efinition +
An imbecile is one who while advanced in age has a mental development
comparable to that of children between 2 and . "ears of age.
An insane is one who acts with complete deprivation of intelligence?reason or without
the least discernment or with total deprivation of freedom of the will.
The insanity that is exempting is limited only to mental aberration or disease of the mind and
must completely impair the intelligence of the accused.
the two tests for exemption on grounds of insanity6

%&' The test of cognition, or whether the accused acted with complete deprivation of
intelligence in committing said crime1 and
%)' The test of volition, or whether the accused acted in total deprivation of freedom of will.
An imbecile is exempt in all cases from criminal liabilit" 4no lucid interval5. #he
insane is not so exempt if it can be shown that he acted during a lucid interval. (n the
latter, loss of consciousness of ones acts and not merel" abnormalit" of mental
faculties will 2ualif" ones acts as those of an insane.
4rocedure+ court is to order the confinement of such persons in the hospitals or
as"lums established. 3uch persons will not be permitted to leave without permission
from the court. #he court, on the other hand, has no power to order such permission
without first obtaining the opinion of the 9<0 that such persons ma" be released
without danger.
"resumption is always in favor of sanity. #he defense has the burden to prove that
the accused was insane at the time of the commission of the crime. 7or the
ascertainment such mental condition of the accused, it is permissible to receive
evidence of the condition of his mind during a reasonable period both before and
after that time. %ircumstantial evidence which is clear and convincing will suffice. An
examination of the outward acts will help reveal the thoughts, motives and emotions
of a person and if such acts conform to those of people of sound mind.
Insanity at the time of the commission of the crime and not that at the time of the trial
will exempt one from criminal liability. (n case of insanit" at the time of the trial, there
will be a suspension of the trial until the mental capacit" of the accused is restored to
afford him a fair trial.
0vidence of insanity must refer to the time preceding the act under prosecution or to
the very moment of its execution. 'ithout such evidence, the accused is presumed
3/
3.
to be sane when he committed the crime. %ontinuance of insanit" which is
occasional or intermittent in nature will not be presumed. (nsanit" at another time
must be proved to exist at the time of the commission of the crime. A person is also
presumed to have committed a crime in one of the lucid intervals. %ontinuance of
insanit" will onl" be presumed in cases wherein the accused has been ad&udged
insane or has been committed to a hospital or an as"lum for the insane.
)nstances of )nsanit":
a. -ementia praecox (+chi.oprenia) is covered b" the term insanit" because
homicidal attack is common in such form of ps"chosis. (t is characteri+ed b"
delusions that he is being interfered with sexuall", or that his propert" is being
taken, thus the person has no control over his acts.
b. Eleptomania or presence of abnormal, persistent impulse or tendenc" to steal, to
be considered exempting, will still have to be investigated b" competent
ps"chiatrist to determine if the unlawful act is due to the irresistible impulse
produced b" his mental defect, thus loss of will$power. (f such mental defect
onl" diminishes the exercise of his willpower and did not deprive him of the
consciousness of his acts, it is onl" mitigating.
c. 6pilepsy which is a chronic nervous disease characteri+ed b" convulsive motions
of the muscles and loss of consciousness ma" be covered b" the term insanit".
0owever, it must be shown that commission of the offense is during one of those
epileptic attacks.
-e"es* 0eeblemindedness is not imbecilit" because the offender can distinguish right
from wrong. An imbecile and an insane to be exempted must not be able to
distinguish right from wrong.
-elova* 7eeblemindedness is imbecilit".
%rimes committed while in a dream, b" a somnambulist are embraced in the plea of
insanit". @ypnotism, however, is a debatable issue.
%rime committed while suffering from malignant malaria is characteri+ed b" insanit"
at times thus such person is not criminall" liable.
7. A PR'0+ /+-R +)+ HAR' 0> AG.
'I/!*ITC
a. *e.uisite+ >ffender is under A years of age at the time of the commission of the
crime. #here is absolute criminal irresponsibilit" in the case of a minor under :$
"ears of age.
b. Basis+ complete absence of intelligence.
:nder nine years to be construed nine years or less. 3uch was inferred from the
next subse2uent paragraph which does not totall" exempt those over nine "ears of
age if he acted with discernment.
If a youth committed homicide on his Ath birthday 8 meaning, he was
e-actly nine years old at that time and he acted with discernment, it would
seem that, following the policy that penal laws are to be strictly construed
against the :overnment and liberally in favor of the accused, he should be
eempt from criminal liability.
!resumptions of incapabilit" of committing a crime is absolute.
ge is computed up to the time of the commission of the crime. Age can be
established b" the testimonies of families and relatives.
3.
3B
,enility or second childhood is only mitigating.
< perio#s of the life of a human !eing:
Age Criminal *esponsibility
: years and below Absolute irresponsibilit"
,etween : and '>
years old
%onditional responsibilit"
.ithout discernment no liabilit" .ith 8iscernment mitigated liabilit"
,etween '> and 'F
years old
Mitigated responsibilit"
,etween 'F and ?G
years old
7ull responsibilit"
;ver ?G years old Mitigated responsibilit"
6. A PR'0+ 0BR +)+ HAR' 0> AG A+- /+-R >)>T+.
/+L'' 1 1A' ACT- ,)T1 -)'CR+&+T. in which case. such minor
shall !e procee#e# against in accor#ance with the provisions of article FG
of this Co#e.
,hen such minor is a#:u#ge# to !e criminall" irresponsi!le. the
court. in conformit" with the provisions of this an# the prece#ing
paragraph. shall commit him to the care an# custo#" of his famil" who
shall !e charge# with his surveillance an# e#ucation; otherwise. he shall
!e committe# to the care of some institution or person mentione# in sai#
article FG.
C/AL)>)- &)+0R)TH* Basis+ complete absence of intelligence
,uch minor over A years and under &F years of age must have acted without
discernment to be exempted from criminal liability. If with discernment, he is
criminally liable.
"resumption is always that such minor has acted without discernment. #he
prosecution is burdened to prove if otherwise.
3iscernment means the mental capacit" of a minor between : and 18 "ears of age
to full" appreciate the conse2uences of his unlawful act and the mental capacity
to understand the diference between right and wrong. +uch is shown by* 415
manner the crime was committed 4i.e. commission of the crime during nighttime to
avoid detection1 taking the loot to another town to avoid discover"5, or 425 the
conduct of the offender after its commission 4i.e. elation of satisfaction upon the
commission of his criminal act as shown b" the accused cursing at the victim5.
0n accused who knows the morality of his acts, or can appreciate the
conse/uences of his action has acted with discernment.
If such minor is adjudged to be criminally liable, he is charged to the custod" of his
famil", otherwise, to the care of some institution or person mentioned in article B;.
#his is because of the courtCs presupposition that the minor committed the crime
without discernment.

youthful offender can only be confined in a reformatory upon order of the court. Ander the
amendment to !residential 9ecree )o. /;3, !residential 9ecree )o. 11.: re2uires that before a
"outhful offender ma" be given the benefit if a suspension of sentence, there must be an
application filed with the court which should pronounce sentence. )ote that the commitment of
the offender in a reformatory is just a conse(uence of the suspension of the sentence. (f the
sentence is not suspended, there is no commitment in a reformator". #he commitment is in a
penitentiar", since suspension of sentence re(uires certain conditions6
3B
3:
%&' The crime committed should not be punishable by reclusion perpetua or death penalty-
%)' The offender should not have been given the benefit of a suspended sentence before.
This means he is a first timer-
%D' He must be below &@ years old because a youthful offender is one who is below &@.
How does the minority of the offender affect his criminal liability;
%&' If the offender is within the brac2et of nine years old exactly or less, he is exempt
from criminal liabilit" but not from civil liabilit". #his t"pe of offenders are absolutel"
exempt. 6ven if the offender nine "ears or below acted with discernment, this should not
be taken against him because in this age bracket, the exemption is absolute.
%)' If over nine but below $8, a distinction has to be made whether the offender acted with
or without discernment. #he burden is upon the prosecution to prove that the offender
acted with discernment. (t is not for the minor to prove that he acted without discernment.
All that the minor has to show is that he is within the age bracket. (f the prosecution
would want to pin criminal liabilit" on him, it has to prove that the crime was committed
with discernment. 0ere, if the offender was exempt from criminal liabilit" because the
prosecution was not able to prove that the offender acted with discernment, he is onl"
civill" liable but he will be committed to the surveillance of his parents who will be
re2uired to report to the court periodicall" on the progress or development of the offender.
If the offender is proven to have acted with discernment, this is where the court ma" give
him the benefit of a suspended sentence. 0e ma" be given the benefit of a suspended
sentence under the conditions mentioned earlier and onl" if he would file an application
therefor.
,uspension of sentence is not automatic. If the youthful offender has filed an application
therefor.
%D' If at the time the 6udgment is to be promulgated he is already above $#, he cannot
avail of a suspended sentence. #he reason is because if the sentence were to be
suspended, he would be committed in a reformator". 3ince he cannot be committed to a
reformator" an"more because he is not less than 1B "ears old, he would have to be
committed to a penitentiar". #hat means promulgation of the sentence shall not be
suspended. (f the sentence should not be suspended, although the minor ma" be
2ualified, the court will promulgate the sentence but the minor shall be entitled to the
reduction of the penalt" b" at least two degrees.
.hen the offender is over nine but below &F, the penalt" to be imposed is discretionar"
on the court, but lowered b" at least two degrees. (t ma" be lowered b" three or four
degrees, depending upon whether the court deems best for the interest of the offender.
#he limitation that it should be lowered b" at least two degrees is &ust a limitation on the
power of the court to reduce the penalt". (t cannot be less than two degrees.
%B' If the offender is $8 years old and above but below $#. there is no exemption
an"more but he is also given the benefit of a suspended sentence under the conditions
stated earlier and if at the time the sentence is promulgated, he is not 1B "ears old or
over "et. (f the sentence is promulgated, the court will impose a penalt" one degree
lower.
Allegation of 2with intent to #ill3 in the information is sufficient allegation of
discernment as such conve"s the idea that he knew what would be the
conse2uences of his unlawful act. #hus is the case wherein the information alleges
that the accused, with intent to kill, willfull", criminall" and feloniousl" pushed a child
of B 1?2 "ears of age into a deep place. (t was held that the re2uirement that there
should be an allegation that she acted with discernment should be deemed ampl"
met.
<. An" person who. while performing a lawful act with #ue care. causes
an in:ur" !" mere acci#ent without fault or intention of causing it.
ACC)-+T (-A&+/& A('C/ )+4/R)A): Basis+ lack of negligence and intent.
3:
4;
Elements+
a& # person is performing a lawful act
b& 6xercise of due dare
c& @e causes injury to another by mere accident
d& $ithout fault or intention of causing it&
:nder rticle &), paragraph B, the offender is exempt not only from criminal but also from civil
liability. This paragraph embodies the 9atin maxim 2damnum abs(ue injuria3.
9ischarge of a firearm in a thickl" populated place in the %it" of Manila being
prohibited b" Art. 188 of the -!% is not a performance of a lawful act when such led
to the accidental hitting and wounding of 2 persons.
9rawing a weapon?gun in the course of self$defense even if such fired and seriousl"
in&ured the assailant is a lawful act and can be considered as done with due care
since it could not have been done in an" other manner.
!roblem"
0, armed with .,B caliber and 4, who has no weapon, robbed a store*
but in the course thereof, were seen by $, a policeman who was armed with a
.3C caliber gun, and when he demanded for the surrender of 0 and 4, 0 shot
him but missed, and so $ repelled the attack. In the echange of shots, 0 was
killed, together with 4, and & the owner of the store. The three were killed by
the bullets %red from a .3C caliber. In such case, $ is not liable for the death
of 0 due to self-defense as all the three -,( elements were present. De is not
also liable for the death of 4, not because of self!defense because the latter
being weaponless can not commit unlawful aggression, but because of
performance of duty. 5or the death of &, the store owner, $, is also not
criminally liable obviously not because of self!defense nor of ful%llment of
duty but because of accident provided for in par. ) of 0rt. )+.
'ith the fact dul" established b" the prosecution that the appellant was guilt" of
negligence, this exempting circumstance cannot be applied because application
presupposes that there is no fault or negligence on the part of the person performing
the lawful act.
Accident happens outside the swa" of our will, and although it comes about some act
of our will, lies be"ond the bounds of humanl" foreseeable conse2uences. If the
conse/uences are plainly foreseeable, it will be a case of negligence.
#he accused, who, while hunting saw wild chickens and fired a shot can be
considered to be in the performance of a lawful act executed with due care and
without intention of doing harm when such short recoiled and accidentall" wounded
another. 3uch was established because the deceased was not in the direction at
which the accused fired his gun.
#he chauffeur, who while driving on the proper side of the road at a moderate speed
and with due diligence, suddenl" and unexpectedl" saw a man in front of his vehicle
coming from the sidewalk and crossing the street without an" warning that he would
do so, in effect being run over b" the said chauffeur, was held not criminall" liable, it
being b" mere accident.
The infliction of the injury by mere accident does not give rise to a criminal or civil liability, but the
person who caused the injury is duty bound to attend to the person who was injured. If he would
abandon him, it is in that abandonment that the crime arises which is punished under the second
paragraph of rticle )CF.
4;
41
=. An" person who acts un#er the compulsion of an irresisti!le force.
)RR')'T)(L >0RC: Basis+ complete absence of freedom, an element of
voluntariness
Elements+
a& )hat the compulsion is by means of physical force
b& )hat the physical force must be irresistible&
c& )hat the physical force must come from a third person
Force, to be irresistible, must produce such an effect on an individual that despite of
his resistance, it reduces him to a mere instrument and, as such, incapable of
committing a crime. (t compels his member to act and his mind to obe". (t must act
upon him from the outside and b" a third person. De must act not only without a
will but also against his will.
=aculi, who was accused but not a member of a band which murdered some
American school teachers and was seen and compelled b" the leaders of the band
to bur" the bodies, was not criminall" liable as accessor" for concealing the bod" of
the crime. =aculi acted under the compulsion of an irresistible force.
(rresistible force can never consist in an impulse or passion, or obfuscation. It must
consist of an extraneous force coming from a third person.
A. An" person who acts un#er the impulse of an uncontrolla!le fear of
an e$ual or greater in:ur".
/+C0+TR0LLA(L >AR: Basis+ complete absence of freedom
Elements
a& that the threat which causes the fear is of an evil greater than, or at least equal to that
w=c he is required to commit
b& that it promises an evil of such gravity and imminence that the ordinary man would
have succumbed to it&
3uress, to be a valid defense, should be based on real, imminent or reasonable fear
for oneCs life or limb. (t should not be inspired b" speculative, fanciful or remote fear.
The fear must be grave, actual, serious and of such kind that majority of men
would succumb to such moral compulsion. The latter must be such as to
leave a reasonable fear for one=s life or limb and not speculative, fanciful or
remote fear. (Pp vs& Parula, FF Phil 9'>)
Threat of future injury is not enough. #he compulsion must leave no opportunit" to
the accused for escape or self$defense in e2ual combat.
9uress is the use of violence or ph"sical force.
#here is uncontrollable fear is when the offender emplo"s intimidation or threat in
compelling another to commit a crime, while irresistible force is when the offender
uses violence or ph"sical force to compel another person to commit a crime.
3an act done by me against my will is not my act2
41
42
The offender must be totally deprived of freedom. If the offender has still freedom of choice,
whether to act or not, even if force was employed on him or even if he is suffering from
uncontrollable fear, he is not exempt from criminal liability because he is still possessed with
voluntariness. In exempting circumstances, the offender must act without voluntariness.
The distinction between irresistible force and uncontrollable fear is
that, in the former, the ofender uses violence or physical force to compel
another person to commit a crime* while in the latter, the ofender employs
threat or intimidation to compel another to commit a crime. ;ince the actor
acted without freedom, he incurs no criminal liability.
E. An" person who fails to perform an act re$uire# !" law. when
prevente# !" some lawful or insupera!le cause.
LA,>/L 0R )+'/PRA(L CA/': Basis+ acts without intent, the third condition
of voluntariness in intentional felon"
Elements+
a& )hat an act is required by law to be done
b& )hat a person fails to perform such act
c& )hat his failure to perform such act was due to some lawful or insuperable cause
0xamples of lawful cause6
a. !riest canCt be compelled to reveal what was confessed to him
b. )o available transportation officer not liable for arbitrar" detention
c. Mother who was overcome b" severe di++iness and extreme debilit", leaving
child to die not liable for infanticide
To be an 0G0+"TIN7 circumstance ()#6)# (3 'A)#()E
I/TE/T presupposes the exercise of freedom and the use of intelligence
3istinction between 6ustifying and exempting circumstance+
a. 6xempting there is a crime but there is no criminal. Act is not &ustified but the
actor is not criminall" liable.
7eneral 1ule6 #here is civil liabilit"

0xception* !ar 4 4causing an in&ur" b" mere accident5 and !ar . 4lawful cause5

b. <ustifying person does not transgress the law, does not commit an" crime
because there is nothing unlawful in the act as well as the intention of the actor.
-istinction !etween %empting an# 4ustif"ing Circumstances
Exempting Circumstance (ustifying Circumstance
6xistence
of a crime
#here is a crime but there is no
criminal, the actor is exempted
from liabilit" of his act
#here is no crime, the act is &ustified
A!solutor" Causes are those where the act committed is a crime but for some
reason of public polic" and sentiment, there is no penalt" imposed.
6xempting and Iustif"ing %ircumstances are absolutor" causes.
42
43
>ther examples of absolutory causes6
15 Art / spontaneous desistance
25 Art 2; accessories exempt from criminal liabilit"
35 Art 1: par 1 profiting oneCs self or assisting offenders to profit b" the effects of
the crime
(nstigation v. 6ntrapment
)+'T)GAT)0+ +TRAP&+T
(nstigator practicall" induces the would$be
accused into the commission of the
offense and himself becomes co$principal
#he wa"s and means are resorted to for
the purpose of trapping and capturing the
lawbreaker in the execution of his criminal
plan.
Accused will be ac2uitted )<# a bar to accusedCs prosecution and
conviction
Absolutor" cause )<# an absolutor" cause
&)T)GAT)+G C)RC/&'TA+C'
3efinition #hose circumstance which reduce the penalt" of a crime
ffect -educes the penalt" of the crime but does not erase criminal liabilit" nor
change the nature of the crime
Dinds of 'itigating Circumstance*
Privilege# &itigating 0r#inar" &itigating
;ffset by any
aggravating
circumstance
%annot be offset b" an" aggravating
circumstance
%an be offset b" a generic
aggravating circumstance
6ffect on the
penalty
0as the effect of imposing the
penalt" b" 1 or 2 degrees lower than
that provided b" law
(f not offset, has the effect of
imposing the penalt" in the
minimum period
Einds Minorit", (ncomplete 3elf$defense,
two or more mitigating
circumstances without an"
aggravating circumstance 4has the
effect of lowering the penalt" b" one
degree5
#hose circumstances
enumerated in paragraph 1 to 1;
of Article 13
IB !68#)I;B ); )@6 I&+&8&
"rivilege mitigating circumstance will apply over and above all other considerations. 'hen "ou
arrive at the correct penalt", that is the time when "ou find out whether the (ndeterminate
3entence >aw will appl" or not.
For purposes of lowering the penalty by one or two degrees, the age of the offender at the time of
the commission of the crime shall be the basis, not the age of the offender at the time the
sentence is to be imposed. $ut for purposes of suspension of the sentence, the age of the
offender at the time the crime was committed is not considered, it is the age of the offender at the
time the sentence is to be promulgated.
Article 26. Aitigating circumstances. 88
2. Those mentione# in the prece#ing chapter. when all the re$uisites
necessar" to :ustif" the act or to e%empt from criminal lia!ilit" in the
respective cases are not atten#ant
43
44
4ustif"ing circumstances
a. 1elf-defenseEdefense of relativeEdefense of stranger unlawful aggression
must be present for rt &D to be applicable. <ther 2 elements not necessar". If )
re(uisites are present / considered a privileged mitigating circumstance.
0xample6 Iuan makes fun of !edro. !edro gets pissed off, gets a knife and tries
to stab Iuan. Iuan grabs his own knife and kills !edro. (ncomplete self$defense
because although there was unlawful aggression and reasonable means to repel
was taken, there was sufficient provocation on the part of Iuan. =ut since 2
elements are present, it considered as privileged mitigating.
5ow if at all may incomplete self-defense affect the criminal liability of the offenderF
(f the 2uestion specificall" refers to incomplete self$defense, defense of relative or defense of
stranger, "ou have to 2ualif" "our answer.
9irst to have incomplete self=defense, the offended party must be guilty of unlawful aggression.
'ithout this, there can be no incomplete self$defense, defense of relative, or defense of stranger.
1econd, if only the element of unlawful aggression is present, the other re(uisites being absent,
the offender shall be given only the benefit of an ordinary mitigating circumstance.
Third if aside from the element of unlawful aggression another re(uisite, but not all, are present,
the offender shall be given the benefit of a privileged mitigating circumstance. In such a case, the
imposable penalt" shall be reduced b" one or two degrees depending upon how the court
regards the importance of the re2uisites present. <r absent.
b. 1tate of /ecessity ,par A- avoidance of greater evil or in6ury1 if an" of the last
2 re2uisites is absent, thereCs onl" an ordinar" Mitigating %ircumstance.

0xample* 'hile driving his car, Iuan sees !edro carelessl" crossing the street.
Iuan swerves to avoid him, thus hitting a motorbike with 2 passengers, killing
them instantl". )ot all re2uisites to &ustif" act were present because harm done to
avoid in&ur" is greater. %onsidered as mitigating.
c. 4erformance of 3uty ,par 8-
0xample* Iuan is supposed to arrest !edro. 0e thus goes to !edroCs hideout.
Iuan sees a man asleep. #hinking it was !edro, Iuan shot him. Iuan ma" have
acted in the performance of his dut" but the crime was not a necessar"
conse2uence thereof. %onsidered as mitigating.
%empting circumstance
a. 'inority over % and under $8 if minor acted with discernment, considered
!rivilege mitigating
0xample* 13 "ear old stole goods at nighttime. Acted with discernment as shown
b" the manner in which the act was committed.

If the offender is proven to have acted with discernment, this is where the court may give
him the benefit of a suspended sentence. He may be given the benefit of a suspended
sentence under the conditions mentioned earlier and only if he would file an application
therefor.
b. Causing in6ury by mere accident if 2
nd
re2uisite 4due care5 and 1
st
part of 4
th
re2uisite 4without fault thus negligence onl"5 are A=36)#, considered as
mitigating because the penalt" is lower than that provided for intentional felon".
0xample* !olice officer tries to stop a fight between Iuan and !edro b" firing his
gun in the air. =ullet ricocheted and killed !etra. <fficer willfull" discharged his
gun but was unmindful of the fact that area was populated.
44
48

c. :ncontrollable fear onl" one re2uisite present, considered mitigating
0xample* Ander threat that their farm will be burned, !edro and Iuan took turns
guarding it at night. !edro fired in the air when a person in the shadows refused
to reveal his identit". Iuan was awakened and shot the unidentified person.
#urned out to be a neighbor looking for is pet. Iuan ma" have acted under the
influence of fear but such fear was not entirel" uncontrollable. %onsidered
mitigating.
7. That the offen#er is /+-R 2F HAR' of age or 0BR EG HAR'. )n the
case of a minor. he shall !e procee#e# against in accor#ance with the
provisions of Art 257 of P- 5G6
Applicable to+
a. <ffender over :, under 18 who acted with discernment
b. <ffender over 18, under 1B
3
4 c. <ffender over .; "ears
ge of accused which should be determined as his age at the date of commission of
crime, not date of trial
Barious Ages an# their Legal ffects
a. under : exemptive circumstance
b. over :, below '> exemptive1 except if acted with discernment
c& minor delinquent under 'F sentence ma" be suspended 4!9 /;35
d. under 'F privileged mitigating circumstance
e. 'F and above full criminal responsibilit"
f. ?G and above mitigating circumstance1 no imposition of death penalt"1 execution
of death sentence if alread" imposed is suspended and commuted.
If the minor acted with discernment# age .-/0 %& he is entitled to a privileged
mitigating circumstance and by source of authority of 0rticle 6B, the penalty
is reduced by two degrees from that prescribed by law for the crime
committed. If the o1ender is over +fteen and under eighteen years of age,
discernment is no longer in issue but the ofender is entitled to a privileged
mitigating circumstance and the reduction is only by one degree. (7arcia vs&
Aadrigal, F>? Phil& 9>')
6. That the offen#er ha# no intention to commit so grave a wrong as that
committe# (Praeter Intentionem)
5
%an be used onl" when the facts prove to show that there is a notable and evident
disproportion between means employed to execute the criminal act and its
conse(uences
48
4/
Intent is an indispensable element of the crime. #hen the intent is less than
the actual act committed, reason and fair play dictate that a mitigated
responsibility be imposed upon the ofender.
Intention+ as an internal act, is &udged b" the proportion of the means emplo"ed to
the evil produced b" the act, and also b" the fact that the blow was or was not aimed
at a vital part of the bod".
<udge by considering 415 the weapon used, 425 the in&ur" inflicted and 435 the attitude
of mind when the accuser attacked the other.
0xample* !edro stabbed #omas on the arm. #omas did not have the wound treated,
so he died from loss of blood.
Not applicable when offender employed brute force
0xample* -apist choked victim. =rute force of choking contradicts claim that he had
no intention to kill the girl.
Art 13, par 3 addresses itself to the intention of the offender at the particular moment
when he executes or commits the criminal act, not to his intention during the
planning stage.
In crimes against persons if victim does not die, the absence of the intent to kill
reduces the felon" to mere ph"sical in&uries. (t is not considered as mitigating.
Mitigating onl" when the victim dies.
0xample* As part of fun$making, Iuan merel" intended to burn !edroCs clothes.
!edro received minor burns. Iuan is charged with ph"sical in&uries. 0ad !edro died,
Iuan would be entitled to the mitigating circumstance.
)ot applicable to felonies b" negligence. 'h"@ (n felonies through negligence, the
offender acts without intent. #he intent in intentional felonies is replaced b"
negligence, imprudence, lack of foresight or lack of skill in culpable felonies. #here is
no intent on the part of the offender which ma" be considered as diminished.
=asis of par 3* intent, an element of voluntariness in intentional felon", is diminished
Praeter intentionem
#he common circumstance given in the bar of praeter intentionem, under paragraph 3, means
that there must be a notable disproportion between the means employed by the offender
compared to that of the resulting felony. (f the resulting felon" could be expected from the means
emplo"ed, this circumstance does not avail. This circumstance does not apply when the crime
results from criminal negligence or culpa. 'hen the crime is the product of reckless imprudence
or simple negligence, mitigating circumstances does not appl". #his is one of the three instances
where the offender has performed a felon" different from that which he intended. #herefore, this
is the product of intentional felony, not a culpable one.
<. That the '/>>)C)+T PR0B0CAT)0+ 0R T1RAT on the part of the
offen#e# part" imme#iatel" prece#e# the act.
4rovocation 7 an" un&ust or improper conduct or act of the offended part", capable
of exciting, inciting or irritating an"one.
Basis+ diminution of intelligence and intent
Re$uisites:
a. 4rovocation must be sufficient.
1. ,ufficient ade2uate enough to excite a person to commit the wrong and must
accordingl" be proportionate to its gravit".
2. ,ufficiency depends on6
4/
4.
the act constituting the provocation
the social standing of the person provoked
time and place provocation took place
3. 0xample* Iuan likes to hit and curse his servant. 0is servant thus killed him.
#hereCs mitigating circumstance because of sufficient provocation.
4. 'hen it was the defendant who sought the deceased, the challenge to fight
b" the deceased is )<# sufficient provocation.
b. It must originate from the offended party
1. 'h"@ >aw sa"s the provocation is Gon the part of the offended part"H
2. 0xample6 #omasC mother insulted !etra. !etra kills #omas because of the
insults. )o Mitigating %ircumstance because it was the mother who insulted
her, not #omas.
3. !rovocation b" the deceased in the first stage of the fight is not Mitigating
%ircumstance when the accused killed him after he had fled because the
deceased from the moment he fled did not give an" provocation for the
accused to pursue and attack him.
c. 4rovocation must be immediate to the act. i.e., to the commission of the crime
b" the person who is provoked
1. 'h"@ (f there was an interval of time, the conduct of the
offended part" could not have excited the accused to the commission of the
crime, he having had time to regain his reason and to exercise self$control.
2. Threat should not be offensive and positively strong
because if it was, the threat to inflict real in&ur" is an unlawful aggression
which ma" give rise to self$defense and thus no longer a Mitigating
%ircumstance
The commission of the felony must be immediate to the threat or provocation in order that
this circumstance be mitigating. (f there is sufficient break of time before the provocation
or threat and the conse2uent commission of the crime, the law presupposes that during
that interval, whatever anger or diminished self control ma" have emerged from the
offender had alread" vanished or disappeared.
#his is the correct interpretation of paragraph 4, Article 13. s long as the offender at the time he
committed the felony was still under the influence of the outrage caused by the provocation or
threat, he is acting under a diminished self control. #his is the reason wh" it is mitigating.
<ou have to loo# at two criteria*
415 (f from the element of time, there is a material lapse of time stated in the problem and
there is nothing stated in the problem that the effect of the threat or provocation had
prolonged and affected the offender at the time he committed the crime, then "ou use the
criterion based on the time element.
425 0owever, if there is that time element and at the same time, facts are given indicating that
at the time the offender committed the crime, he is still suffering from outrage of the threat
or provocation done to him, then he will still get the benefit of this mitigating
circumstance.
In 4eople v. 3io2no a *hinaman eloped with a woman. ctually, it was almost three days before
accused was able to locate the house where the *hinaman brought the woman. Here, sufficient
provocation was one of the mitigating circumstances considered by the ,upreme *ourt in favor of
the accused.
=. That the act was committe# in the )&&-)AT B)+-)CAT)0+ 0> A
GRAB 0>>+' to the one committing the felon" (#elito). his spouse.
ascen#ants. #escen#ants. legitimate. natural or a#opte# !rother or sisters.
or relatives !" affinit" within the same #egree.

This has reference to the honor of a person. It concerns the good
names and reputation of the individual. (Pp vs& #npar, 5? Phil& (G')
1. *e.uisites+
4.
4B
thereCs a grave offense done to the one committing the felon" etc.
that the felon" is committed in vindication of such grave offense.
2. 9apse of time is allowed between the vindication and the one doing the
offense 4proximate time, not &ust immediatel" after5
3. 0xample* Iuan caught his wife and his friend in a compromising situation.
Iuan kills his friend the next da" still considered proximate.
4*!0!CATI!/ 0I/3ICATI!/
Made directl" onl" to the person
committing the felon"
Erave offense ma" be also against the
offenderCs relatives mentioned b" law
%ause that brought about the provocation
need not be a grave offense
<ffended part" must have done a grave
offense to the offender or his relatives
)ecessar" that provocation or threat
immediatel" preceded the act. )o time
interval
Ma" be proximate. #ime interval allowed
+ore lenient in vindication because offense concerns the honor of the person. 3uch
is more worth" of consideration than mere spite against the one giving the
provocation or threat.
Bin#ication of a grave offense
#he word GoffenseH should not be taken as a crime. (t is enough if what was imputed or what was
done was wrong. In considering whether the wrong is a grave one upon the person who
committed the crime, his age, education and social status will be considered.
Here, in vindication of a grave offense, the vindication need not be done by the person upon
whom the grave offense was committed. 3o, unlike in sufficient threat or provocation where the
crime should be inflicted upon the ver" person who made the threat or provocation, here, it need
not be the same person who committed the grave offense or who was offended b" the wrong
done b" the offended part".
#he word GimmediateH here does not carr" the same meaning as that under paragraph 4. #he
word GimmediateH here is an erroneous 3panish translation because the 3panish word is
GproximaH and not Gimmediatementa.H Therefore, it is enough that the offender committed the
crime with the grave offense done to him, his spouse, his ascendant or descendant or to his
brother or sister, whether natural, adopted or legitimate and that is the proximate cause of the
commission of the crime.
It would seem that the rule is that, the court must consider the lasting
efect and infuence of the grave ofense to the ofender when he resorted to
commit the crime to vindicate such grave ofense.
,indication of a grave offense and passion and obfuscation canCt be counted
separatel" and independentl"
A. That of having acte# upon an impulse so powerful as naturall" to have
pro#uce# PA'')0+ 0R 0(>/'CAT)0+
2assion and obfuscation refer to emotional feeling which produces
ecitement so powerful as to overcome reason and self!control. It must come
from prior unjust or improper acts. The passion and obfuscation must
emanate from legitimate sentiments.
"assion and obfuscation is mitigating* when there are causes naturall" producing in
a person powerful excitement, he loses his reason and self$control. #hereb"
dismissing the exercise of his will power.
4B
4:
",,I>N N8 >$F:,*TI>N are +itigating *ircumstances only when the same
arise from lawful sentiments 4not Mitigating %ircumstance when done in the spirit of
revenge or lawlessness5
*e.uisites for 4assion G !bfuscation
a. #he offender acted on impulse powerful enough to produce passion or obfuscation
b. #hat the act was committed not in the spirit of lawlessness or revenge
c. #he act must come from lawful sentiments
Act which gave rise to passion and obfuscation
a. #hat there be an act, both unlawful and un&ust
b. #he act be sufficient to produce a condition of mind
c. #hat the act was proximate to the criminal act
d. #he victim must be the one who caused the passion or obfuscation
0xample6 Iuan saw #omas hitting his 4Iuan5 son. Iuan stabbed #omas. Iuan is
entitled to Mitigating %ircumstance of !K< as his actuation arose from a natural
instinct that impels a father to rush to the rescue of his son.
The obfuscation must be caused by unlawful act
)he exercise of a right or a fulfillment of a duty is not the proper source of PH;.
0xample* A policeman arrested Iuan as he was making a public disturbance on the
streets. IuanCs anger and indignation resulting from the arrest canCt be considered
passionate obfuscation because the policeman was doing a lawful act.
The act must be sufficient to produce a condition of mind. (f the cause of the loss of
self$control was trivial and slight, the obfuscation is not mitigating.
0xample* IuanCs boss punched him for not going to work the other da". %ause is
slight.
#here could have been no Mitigating %ircumstance of !K< when more than 24
hours elapsed between the alleged insult and the commission of the felon", or
several hours have passed between the cause of the !K< and the commission of
the crime, or at least L hours intervened between the previous fight and subse2uent
killing of deceased b" accused.
Not mitigating if relationship is illegitimate
#he passion or obfuscation will be considered even if it is based onl" on the honest
belief of the offender, even if facts turn out to prove that his beliefs were wrong.
!assion and obfuscation cannot co$exist with treacher" since that means the
offender has had time to ponder his course of action.
!A33(<) A)9 <=7A3%A#(<) arising from one and the same cause should be
treated as onl" one mitigating circumstance
,indication of grave offense canCt co$exist w? !A33(<) A)9 <=7A3%A#(<)
4A11I!/ A/3 !B9:1CATI!/ I**E1ITIB?E 9!*CE
Mitigating 6xempting
)o ph"sical force needed -e2uires ph"sical force
7rom the offender himself Must come from a 3rd person
4:
8;
Must come from lawful sentiments Anlawful
4A11I!/ A/3 !B9:1CATI!/ 4*!0!CATI!/
!roduced b" an impulse which ma" be
caused b" provocation
%omes from in&ured part"
<ffense, which engenders perturbation of
mind, need not be immediate. (t is onl"
re2uired that the influence thereof lasts
until the crime is committed
Must immediatel" precede the commission
of the crime
6ffect is loss of reason and self$control on
the part of the offender
3ame
there is a ruling to the effect that if the offender is given the benefit of paragraph B, he cannot be
given the benefit of paragraph F or H, or vice=versa. >nly one of the three mitigating
circumstances should be given in favor of the offender.
However, in one case, one of the mitigating circumstances under paragraphs 4, 8 and / stands or
arises from a set of facts, and another mitigating circumstance arises from another set of facts.
3ince the" are predicated on different set of facts, the" ma" be appreciated together, although
the" arose from one and the same case. 0ence, the prohibition against considering all these
mitigating circumstances together and not as one applies onl" if the" would be taken on the basis
of the same set of facts.
If the case involves a series of facts, then "ou can predicate an" one of these circumstances on
one fact and the other on another fact and so on.
E. That the offen#er ha# B0L/+TAR)LH '/RR+-R- himself to a person
in authorit" or his agents. or that he ha# B0L/+TAR)LH C0+>''- 1)'
G/)LT !efore the court prior to the presentation of the evi#ence for the
prosecution.
" 'itigating Circumstances present+
a5 voluntaril" surrendered
b5 voluntaril" confessed his guilt
If both are present, considered as ) independent mitigating circumstances. Mitigate
penalt" to a greater extent
*e.uisites of voluntary surrender+
a) offender not actually arrested
b) offender surrendered to a person in authority or the latterIs agent
c) surrender was voluntary
1urrender must be spontaneous shows his interest to surrender unconditionall"
to the authorities
1pontaneous emphasi+es the idea of inner impulse, acting without external
stimulus. #he conduct of the accused, not his intention alone, after the commission
of the offense, determines the spontaneit" of the surrender.
0xample* 3urrendered after 8 "ears, not spontaneous an"more.
0xample* 3urrendered after talking to town councilor. )ot ,.3. because thereCs an
external stimulus
%onduct must indicate a desire to own the responsibilit"
Not mitigating when warrant already served. 3urrender ma" be considered mitigating
if warrant not served or returned unserved because accused canCt be located.
8;
81
>The law does not re/uire that the accused surrender prior to the order of
arrest,? what matters is the spontaneous surrender of the accused upon
learning that a warrant of arrest had been issued against him and that
voluntary surrender is obedience to the order of arrest is issued against him.
(Pp vs& "ahilig, 9F Phil& ?JG)
3urrender of person re2uired. )ot &ust of weapon.
4erson in authority one directl" vested with &urisdiction, whether as an individual
or as a member of some court?government?corporation?board?commission. =arrio
captain?chairman included.
Agent of person in authority person who b" direct provision of law, or b" election,
or b" appointment b" competent authorit" is charged with the maintenance of public
order and the protection and securit" of life and propert" and an" person who comes
to the aid of persons in authorit".
-!% does not make distinction among the various moments when surrender ma"
occur.
3urrender must be b" reason of the commission of the crime for which defendant is
charged
Boluntar" surren#er
The essence of voluntary surrender re(uires that the offender, after having committed the crime,
had evaded the law enforcers and the law enforcers do not #now of his whereabouts. In short, he
continues to elude arrest. (f, under this circumstance, the offender would come out in the open
and he gives himself up, his act of doing so will be considered as indicative of repentance and he
also saves the government the time and the expense of looking for him.
s a general rule, if after committing the crime, the offender did not flee and he went with the
responding law enforcers meekl", voluntar" surrender is not applicable.
However, there is a ruling that if after committing the crime, the offender did not flee and instead
waited for the law enforcers to arrive and he surrendered the weapon he used in killing the victim,
the ruling was that voluntar" surrender is mitigating. (n this case, the offender had the opportunit"
to go into hiding, the fact that he did not flee is voluntar" surrender.
However, if he comes out from hiding because he is seriousl" ill and he went to get medical
treatment, the surrender is not considered as indicative of remorse or repentance. #he surrender
here is onl" done out of convenience to save his own self. 0ence, it is not mitigating.
0ven if the offender may have gone into hiding, if the law enforcers had alread" known where he
is hiding and it is &ust a matter of time before he is flushed out of that place, then even if the law
enforcers do not know exactl" where he was hiding and he would come out, this is not voluntar"
surrender.
.hether or not a warrant of arrest had been issued against the offender is immaterial and
irrelevant. #he criterion is whether or not the offender had gone into hiding or had the opportunit"
to go into hiding and the law enforcers do not know of his whereabouts. (f he would give up, his
act of surrendering under such circumstance indicates that he is willing to accept the
conse2uences of the wrong he has done and also thereb" saves the government the effort, the
time and the expenses to be incurred in looking for him.
1urrender to be considered voluntary and thus mitigating, must be spontaneous,
demonstrating an intent to submit himself unconditionally to the person in authority or his agent in
authority, because %&' he ac#nowledges his guilt %)' he wishes to save the government the
trouble and expenses of searching and capturing him. 'here the reason for the surrender of the
accused was to insure his safet", his arrest b" policemen pursuing him being inevitable, the
surrender is not spontaneous.
81
82
#$ If the accused escapes from the scene of the crime in order to seek advice
from a lawyer, and the latter ordered him to surrender voluntarily to the
authorities, which the accused followed by surrendering himself to the
municipal mayor, will his surrender be considered mitigatingE
A$ The answer is yes, because he fed to the scene of a crime not to escape
but to seek legal advice.
#$ ;upposing that after the accused met a vehicular accident causing
multiple homicide because of reckless imprudence, he surrenders to the
authorities immediately thereafter, will his surrender mitigate his criminal
liability because of 0rt. ),E
A$ The answer is no, because in cases involving felonies committed by means
of culpa, the court is authori"ed under 0rt. ,6C to impose a penalty upon
ofender without regard to the rules on mitigating and aggravating
circumstances.
*e.uisites for plea of guilty
a) offender spontaneously confessed his guilt
b) confession of guilt was made in open court (competent court)
c) confession of guilt was made prior to the presentation of evidence for the prosecution
To be mitigating, the plea of guilty must be without conditions. 4ut
conditional plea of guilty may still be mitigating if the conditions imposed
by the accused are found to be meritorious.
$lea of guilty not applicable to special law.
plea made after arraignment and after trial has begun does not entitle accused to
have plea considered as Mitigating %ircumstance
plea in the -#% in a case appealed from the M#% is not mitigating $ must ma#e plea
at the first opportunity
plea during the preliminar" investigation is no plea at all
even if during arraignment, accused pleaded not guilt", he is entitled to Mitigating
%ircumstance as long as he withdraws his plea of not guilt" to the charge before the
fiscal could present his evidence
plea to a lesser charge is not Mitigating %ircumstance because to be voluntar" plea
of guilt", must be to the offense charged
plea to the offense charged in the amended info, lesser than that charged in the
original info, is Mitigating %ircumstance
present -ules of %ourt re2uire that even if accused pleaded guilt" to a capital
offense, its mandator" for court to re2uire the prosecution to prove the guilt of the
accused being likewise entitled to present evidence to prove, inter alia, Mitigating
%ircumstance
F. That the offen#er is #eaf an# #um!. !lin# or otherwise suffering from
some P1H')CAL ->CT wJc thus restricts his means of action. #efense or
communication wJ his fellow !eings.
Basis+ one suffering from ph"sical defect which restricts him does not have complete
freedom of action and therefore, there is diminution of that element of voluntariness.
82
83
The law says that the ofender is deaf and dumb, meaning not only
deaf but also dumb, or that he is blind, meaning in both eyes, but even if he
is only deaf and not dumb, or dumb only but not deaf, or blind only in one
eye, he I still entitled to a mitigating circumstance under this article as long
as his physical defects restricts his means of action, defense communication
with his fellowmen. The restriction however, must relate to the mode of
committing the crime.
)o distinction between educated and uneducated deaf$mute or blind persons
The physical defect of the offender should restrict his means of action, defense or
communication with fellow beings, this has been extended to cover cripples, armless
people even stutterers.
#he circumstance assumes that with their ph"sical defect, the offenders do not have
a complete freedom of action therefore diminishing the element of voluntariness in
the commission of a crime.
The physical defect that a person may have must have a relation to the commission of the crime.
Not any physical defect will affect the crime. It will only do so if it has some relation to the crime
committed. This circumstance must also have a bearing on the crime committed and must
depend on how the crime was committed.

5. 'uch )LL+'' of the offen#er as woul# #iminish the e%ercise of the will8
power of the offen#er wJo #epriving him of consciousness of his acts.
Basis+ diminution of intelligence and intent
Re$uisites:
a5 illness of the offender must diminish the exercise of his will$power
b5 such illness should not deprive the offender of consciousness of his acts
If the illness not only diminishes the eercise of the ofender=s will
power but deprives him of the consciousness of his acts, it becomes an
eempting circumstance to be classi%ed as insanity or imbecility.
deceased mind, not amounting to insanit", ma" give place to mitigation
5eeblemindedness of the accused who, in a %t of jealousy, stabbed his
wife, then carried her up to the house, laid her on the foor and then lay down
beside her, warrants the %nding in his favor of this mitigating circumstance.
(Pp vs& 0ormigones, F? Phil& 9>F)
2G. An# A+H 0T1R C)RC/&'TA+C of a similar nature an# analogous to
those a!ove8mentione#
6xamples of 3any other circumstance2/
a5 defendant who is /; "ears old with failing e"esight is similar to a case of one
over .; "ears old
b5 outraged feeling of owner of animal taken for ransom is analogous to vindication
of grave offense
c5 impulse of &ealous feeling, similar to !A33(<) A)9 <=7A3%A#(<)
d5 voluntar" restitution of propert", similar to voluntar" surrender
e5 extreme povert", similar to incomplete &ustification based on state of necessit"
f5 esprit de corps is similar to passion or obfuscation
83
84
Analogous cases
#he act of the offender of leading the law enforcers to the place where he buried the instrument of
the crime has been considered as e(uivalent to voluntary surrender. #he act of a thief in leading
the authorities to the place where he disposed of the loot has been considered as analogous or
e(uivalent to voluntary surrender.
3tealing b" a person who is driven to do so out of extreme povert" is considered as analogous to
incomplete state of necessity. 0owever, this is not so where the offender became impoverished
because of his own wa" of living his life. (f his lifest"le is one of having so man" vices, as a result
of which he became poor, his subse2uent stealing because of his povert" will not be considered
mitigated b" incomplete state of necessit".
B;) analogous/
a5 killing wrong person
b5 not resisting arrest not the same as voluntar" surrender
c5 running amuck is not mitigating
'ITIGATI/G CI*C:'1TA/CE which arise from+
a) moral attributes of the offender
0xample* Iuan and #omas killed !edro. Iuan acted w? !A33(<) A)9
<=7A3%A#(<). <nl" Iuan will be entitled to Mitigating %ircumstance
b) private relations with the offended party
0xample* Iuan stole his brotherCs watch. Iuan sold it to !edro, who knew it was
stolen. #he circumstance of relation arose from private relation of Iuan and the
brother. 9oes not mitigate !edro.

c) other personal cause
0xample* Minor, acting with discernment robbed Iuan. !edro, passing b", helped
the minor. %ircumstance of minorit", mitigates liabilit" of minor onl".
+hall serve to mitigate the liability of the principals, accomplices and accessories to whom the
circumstances are attendant&
Circumstances which are neither exempting nor mitigating
a5 mistake in the blow
b5 mistake in the identit" of the victim
c5 entrapment of the accused
d5 accused is over 1B "ears old
e5 performance of a righteous action
0xample* Iuan saved the lives of :: people but caused the death of the last person,
he is still criminall" liable
#ote" 2nder the .ules of &ourt on plea bargaining, the accused is
allowed to negotiate with the prosecution during his arraignment, to enter a
plea for a lesser ofense, or for the consideration of mitigating circumstances
under 0rt. ),* for the prosecution to forego or delete aggravating
circumstances, without regard to the rules and jurisprudence mentioned
above.
AGGRABAT)+G C)RC/&'TA+C'
84
88
3efinition 7 #hose circumstance which raise the penalt" for a crime without
exceeding the maximum applicable to that crime.
Basis+ The greater perversity of the offense as shown by6
a5 the motivating power behind the act
b5 the place where the act was committed
c5 the means and wa"s used
d5 the time
e5 the personal circumstance of the offender
f5 the personal circumstance of the victim
Iin#s:
a5 Generic 7 generall" applicable to all crimes
b5 1pecific 7 appl" onl" to specific crimes 4ignomin" for chastit" crimes1 treacher"
for persons crimes5
c5 Hualifying 7 those that change the nature of the crime 4evident premeditation
becomes murder5
d5 Inherent 7 necessaril" accompanies the commission of the crime1 it is an ele
ment of the crime committed 4evident premeditation in theft, estafa5
C/AL)>H)+G AGGRABAT)+G
C)RC/&'TA+C
G+R)C AGGRABAT)+G
C)RC/&'TA+C
Eives the proper and exclusive name,
places the author thereof in such a
situation as to deserve no other penalt"
than that specificall" prescribed b" law
(ncrease penalt" to the maximum, without
exceeding limit prescribed b" law
%anCt be offset b" Mitigating %ircumstance Ma" be compensated b" Mitigating
%ircumstance
Must be alleged in the information. (ntegral
part of the offense
)eed not be alleged. Ma" be proved over
the ob&ection of the defense. Mualif"ing if
not alleged will make it generic
#ggravating "ircumstances which -; B;) have the effect of increasing the penalty/
&' which themselves constitute a crime specifically punishable by law or which are
included in the law defining a crime and prescribing the penalty thereof
0xample* breaking a window to get inside the house and rob it
)' aggravating circumstance inherent in the crime to such degree that it must of
necessity accompany the commission thereof
0xample* evident premeditation inherent in theft, robber", estafa, adulter" and
concubinage
ggravating circumstances are not presumed. Must be proved as full" as the crime
itself in order to increase the penalt".
Art 2<. #ggravating circumstances. K The following are aggravating
circumstances:
2. That a#vantage !e ta3en !" the offen#er of his P/(L)C P0')T)0+
*e.uisite+
a& )he offender is a public officer
88
8/
b& )he commission of the crime would not have been possible without the powers,
resources and influence of the office he holds&
0 public o$cer is any person who, by -)( direct provision of the law, -+(
popular election or -,( appointment by competent authority shall take part in
the performance of public functions in the :overnment of the $hilippine
Islands or shall perform in said :overnment or in any of its branches, public
duties as an employee, agent or subordinate o9cial of any rank or class.
Essential - !ublic officer used the influence, prestige or ascendanc" which his office
gives him as the means b" which he reali+ed his purpose.
If the accused could have perpetrated the crime without occupying his
position, then there is no abuse of public position.
7ailure in official duties is tantamount to abusing of office
#hen the public position is an element of the ofense like 4ribery
-Firect 8 0rticle +)7, Indirect 8 +)), or Guali%ed 4ribery 8 ;ec. 3, ..0. H6CA(,
this circumstance can not be taken into consideration.
'earing of uniform is immaterial what matters is the proof that he indeed took
advantage of his position
Ta3ing a#vantage of pu!lic position
Article /2 was also amended b" the -epublic Act )o. ./8:. #he legal import of this amendment is
that the sub&ect circumstance has been made a .ualifying or special aggravating that shall not
be offset or compensated b" a mitigating circumstance. If not alleged in the information,
however, but proven during the trial, it is onl" appreciated as a generic aggravating circumstance.
2nder ;ec. +,, ) -a( of ..0. H6CA, when in the commission of the crime,
advantage was taken by the ofender of his public position, the penalty to be
imposed shall be in its maimum regardless of mitigating circumstances.
7. That the crime !e committe# )+ C0+T&PT 0> 0R ,)T1 )+'/LT T0
T1 P/(L)C A/T10R)T)'
*e.uisites+
a& )he offender %nows that a public authority is present
b& )he public authority is engaged in the exercise of his functions
c& )he public authority is not the victim of the crime
d& )he public authorityIs presence did not prevent the criminal act
0xample* Iuan and !edro are 2uarrelling and the municipal ma"or, upon passing b",
attempts to stop them. )otwithstanding the intervention and the presence of the
ma"or, Iuan and !edro continue to 2uarrel until Iuan succeeds in killing !edro.
Person in authorit" public authorit" who is directl" vested with &urisdiction, has the
power to govern and execute the laws
6xamples of Persons in #uthority
8/
8.
a. Eovernor
b. Ma"or
c. =aranga" captain
d. %ouncilors
e. Eovernment agents
f. %hief of !olice
!ule not applicable when committed in the presence of a mere agent.
Agent 7 subordinate public officer charged with the maintenance of public order and
protection and securit" of life and propert"
0xample* barrio vice lieutenant, barrio councilman
6. That the act !e committe#:
(2) with insult or in #isregar# of the respect #ue to the offen#e# part" on
account of his (A) RA+I. (() AG. (C) '* or
circumstances 4rank, age, sex5 ma" be taken into account only in crimes against
persons or honor, it cannot be invoked in crimes against propert"
*an2 7 refers to a high social position or standing b" which to determine oneCs pa"
and emoluments in an" scale of comparison within a position
Age 7 the circumstance of lack of respect due to age applies in case where the
victim is of tender age as well as of old age 4age of the ofended party5
1ex 7 refers to the female sex, not to the male sex1 not applicable when
a. #he offender acted w? !A33(<) A)9 <=7A3%A#(<)
b. there exists a relation between the offender and the victim 4but in cases of
divorce decrees where there is a direct bearing on their child, it is applicable5
c. the condition of being a woman is indispensable in the commission of the crime
46x. !arricide, rape, abduction5
*e.uisite of disregard to ran2 age or sex
a& "rimes must be against the victimIs person or his honor
b& )here is deliberate intent to offend or insult the respect due to the victimIs ran%, age, or
sex
#%&'" #hile nighttime is absorbed in treachery, the aggravating
circumstance of disregard of se and age cannot be similarly absorbed, as
Treachery refers to the manner of the commission of the crime, while the
latter pertains to the relationship of the victim with the ofender.(Pp vs& 8apa.,
'?' +"!# >5:)
(7) that it !e committe# in the -,LL)+G of the offen#e# part". if the latter
has not given provocation.
3welling 7 must be a building or structure exclusivel" used for rest and comfort
4combination house and store not included5
a. ma" be temporar" as in the case of guests in a house or bedspacers
b. basis for this is the sanctit" of privac" the law accords to human abode
dwelling includes dependencies, the foot of the staircase and the enclosure under
the house
Elements of the aggravating circumstance of dwelling
a& "rime occurred in the dwelling
of the victim
8.
8B
b& Bo provocation on the part of
the victim
*e.uisites for 4rovocation+ A>> MA3# %<)%A-
a. given b" the owner of the dwelling
b. sufficient
c. immediate to the commission of the crime
8welling will only be aggravating if it is the dwelling of the offended party. It should also not be the
dwelling of the offender. (f the dwelling is both that of the offended part" and the offender,
dwelling is not aggravating.
8welling need not be owned by the offended party. (t is enough that he used the place for his
peace of mind, rest, comfort and privac". #he rule that dwelling, in order to be aggravating must
be owned b" the offended part" is no longer absolute. 9welling can be aggravating even if it is
not owned b" the offended part", provided that the offended part" is considered a member of the
famil" who owns the dwelling and e2uall" en&o"s peace of mind, privac" and comfort.
8welling should not be understood in the concept of a domicile. A person has more than one
dwelling.
8welling is not limited to the house proper. All the appurtenances necessar" for the peace and
comfort, rest and peace of mind in the abode of the offended part" is considered a dwelling.
.hen dwelling may and may not be considered
,hen it ma" !e consi#ere# ,hen it ma" not !e consi#ere#
although the offender fired the shot from
outside the house, as long as his victim
was inside
even if the killing took place outside the
dwelling, so long as the commission began
inside the dwelling
when adulter" is committed in the dwelling
of the husband, even if it is also the
dwelling of the wife, it is still aggravating
because she and her paramour committed
a grave offense to the head of the house
(n robber" with violence against persons,
robber" with homicide, abduction, or illegal
detention
(f the offended part" has given
provocation
(f both the offender and the
offended part" are occupants of the
same dwelling
(n robber" with force upon things, it
is inherent
The victim should be the owner, occupant or lessee of the house.
Dowever, in People vs& ,alansi, 'F? +"!# >99, it was held that the victim need not
be the owner or occupant of the dwelling where he was shot, since, >the
stranger, as an invited guest, is sheltered by the same roof and protected by
the same intimacy of life it afords. It may not be his house, but it is, even for
a brief moment, home to him.?
#hile this aggravating circumstance cannot be considered in Trespass
to Fwelling or .obbery in an Inhabited Douse as it is included necessarily in
these crimes -0rt. 6+(, it can be considered in .obbery with Domicide
because this kind of .obbery can be committed without the necessity of
transgressing the sanctity of the house. (Pp vs& Pareja, (9> +"!# J(:)
>ne=half of the house is used as a store and the other half is used for dwelling but there is only
one entrance. (f the dwelling portion is attacked, dwelling is not aggravating because whenever a
store is open for business, it is a public place and as such is not capable of being the sub&ect of
trespass. (f the dwelling portion is attacked where even if the store is open, there is another
separate entrance to the portion used for dwelling, the circumstance is aggravating. 0owever, in
8B
8:
case the store is closed, dwelling is aggravating since here, the store is not a public place as in
the first case.
<. That the act !e committe# with (2) A(/' 0> C0+>)-+C or (7)
0(B)0/' /+GRAT>/L+''
Re$uisites of A!use of Confi#ence Re$uisite of 0!vious /ngratefulness
a) ;ffended party has trusted the
offender
b) ;ffender abused such trust
c) #buse of confidence facilitated the
commission of the crime
a) ungratefulness must be obvious, that is,
there must be something which the offender
should owe the victim a debt of gratitude for
Note6 robber" or theft committed b" a visitor
in the house of the offended part" is
aggravated b" obvious ungratefulness
0xample* A &ealous lover, alread" determined to kill his sweetheart, invited her for a
ride and during that ride, he stabbed her
Abuse of confidence is inherent in+
a. malversation
b. 2ualified theft
c. estafa b" conversion
d. misappropriation
e. 2ualified seduction
8o not confuse this with mere betrayal of trust. #his is aggravating onl" when the ver" offended
part" is the one who reposed the confidence. (f the confidence is reposed b" another, the
offended part" is different from the fellow who reposed the confidence and abuse of confidence in
this case is not aggravating.
=. That the crime !e committe# in the PALAC 0> T1 C1)> *C/T)B.
or in his presence. or when P/(L)C A/T10R)T)' AR +GAG- )+ T1
-)'C1ARG 0> T1)R -/T)'. or in a PLAC --)CAT- T0 RL)G)0/'
,0R'1)P.
*e.uirements of the aggravating circumstance of public office+
a& )he crime occurred in the public office
b& Public authorities are actually performing their public duties
A polling precinct is a public office during election da"
)ature of public office should be taken into account, like a police station which is on
dut" 24 hrs. a da"
place of the commission of the felony (par >)/ if it was committed in +alacaIang palace
or a church it is aggravating, regardless of whether 3tate or official1 functions are
being held.
The $resident or &hief of 'ecutive need not be in the $alace to
aggravate the liability of the ofender.
as regards other places where public authorities are engaged in the discharge of
their duties, there must be some performance of public functions
The accused must have the intention to commit the crime in such
place so that if the meeting of the ofender and the victim was only casual,
this circumstance cannot be considered.
8:
/;
Dowever, in a place which is dedicated to religious worship, any
ofense committed thereat even if no ceremony is taking place, is aggravated
by this circumstance.
*e.uisites for aggravating circumstances for place of worship+
a& )he crime occurred in a place dedicated to the worship of 7od regardless of religion
b& ;ffender must have decided to commit the crime when he entered the place of worship
$hen Paragraph ( and > of #rticle 'J are applicable
%ommitted in the presence of the %hief
6xecutive, in the !residential !alace or a
place of worship,4ar. 8 Art. $A-
%ommitted in contempt of !ublic Authorit"
,4ar. " Art $A-
!ublic authorities are performing of their
duties when the crime is committed
3ame
'hen crime is committed in the public
office, the officer must be performing his
duties, except in the !residential !alace
<utside the office 4still performing dut"5
!ublic authorit" ma" be the offended part" !ublic authorit" is not be the offended
part"

A. (A) That the crime !e committe# (2) in the +)G1TT)&. or (7) in an
/+)+1A()T- PLAC (6) !" a (A+-. whenever such circumstances ma"
facilitate the commission of the offense.
Nighttime, Uninhabited Place or by a Band Aggravating when:
a& it facilitated the commission of the crime
b& especially sought for by the offender to insure the commission of the crime or for the
purpose of impunity
c& when the offender too% the advantage thereof for the purpose of impunity
d& commission of the crime must have began and accomplished at nighttime
Impunity / means to prevent the accusedCs being recogni+ed or to secure
himself against detection or punishment or to facilitate his escape more
easil".
/ighttime begins at the end of dusk and ending at dawn1 from sunset to sunrise
a. commission of the crime must begin and be accomplished in the nighttime
b. when the place of the crime is illuminated b" light, nighttime is not aggravating
c. absorbed b" #reacher"
6ven if there was darkness but the nighttime was onl" an incident of a chance meeting, there is
no aggravating circumstance here. It must be shown that the offender deliberately sought the
cover of dar#ness and the offender purposely too# advantage of nighttime to facilitate the
commission of the offense, to insure his immunity from capture, or otherwise to facilitate his
getaway.%pp vs& pareja, (9> scra J(:)
:ninhabited 4lace one where there are no houses at all, a place at a
considerable distance from town, where the houses are scattered at a great distance
from each other
*e.uisites+
/;
/1
a& )he place facilitated the commission or omission of the crime
b& -eliberately sought and not incidental to the commission or omission of the crime
c& )a%en advantage of for the purpose of impunity
#hile there is no hard and fast rule on the matter , a place where there are
no people or houses within a distance of +77 meters or less is considered
uninhabited. (Pp vs& 6got, '5G +"!# '5J)
'hat should be considered here is whether in the place of the commission of the
offense, there was a reasonable possibilit" of the victim receiving some help
A. (() 8 ,henever more than 6 arme# malefactors shall have acte# together
in the commission of an offense. it shall !e #eeme# to have !een
committe# !" a (A+-.
*e.uisites+
a& 0acilitated the commission of the crime
b& -eliberately sought
c& )a%en advantage of for the purposes of impunity
d& )here must be four or more armed men
(f one of the four$armed malefactors is a principal b" inducement, the" do not form a
band because it is undoubtedl" connoted that he had no direct participation,
#here more than three armed malefactors participated in the
commission of the ofense, if the aggrupation did not facilitate the
commission of the crime, it will not be considered as aggravating because of
the language of the law which re/uires that such circumstance must have
facilitated the commission of the ofense.
#hen the two -+( groups are almost similarly armed, like where the
group of the ofended party numbered %ve -C( but only three -,( were armed
so that there is no band, while the ofenders were four -3( who were all armed
and therefore constituted a band, there is no band as aggravating
circumstance as it did not facilitate the commission of the crime. <ikewise, if
the meeting is casual, the homicide committed by the killers comprising a
band is not aggravated.
0rms is not limited to %rearms, sticks and stones included
=and is inherent in robber" committed in band and brigandage
*orrelate this with rticle D?H = $rigandage. #he crime is the band itself. #he mere forming of a
band even without the commission of a crime is alread" a crime so that band is not aggravating in
brigandage because the band itself is the wa" to commit brigandage. 0owever, where brigandage
is actuall" committed, band becomes aggravating.

(t is not considered in the crime of rape
(t has been applied in treason and in robber" with homicide
E. That the crime !e committe# on the occasion of a conflagration.
shipwrec3. earth$ua3e. epi#emic or other CALA&)TH 0R &)'>0RT/+
/1
/2
*e.uisites+
a& "ommitted when there is a calamity or misfortune
'& "onflagration
(& +hipwrec%
5& 6pidemic
b& ;ffender too% advantage of the state of confusion or chaotic condition from such
misfortune
Basis+ %ommission of the crime adds to the suffering b" taking advantage of the
misfortune.
based on time
offender must take advantage of the calamit" or misfortune
8istinction between "aragraphs C and &) of rticle &B
Committed during a calamity or misfortune Committed with the use of wasteful means
%rime is committed 9A-()E an" of the
calamities
%rime is committed =D using fire, inundation,
explosion or other wasteful means
F. That the crime !e committe# with the A)- 0> (2) AR&- &+ 0R (7)
PR'0+' ,10 )+'/R 0R A>>0R- )&P/+)TH
based on the means and wa"s of committing the crime
Re$uisites:
a& that armed men or persons too% part in the commission of the crime, directly or
indirectly
b& that the accused availed himself of their aid or relied upon them when the crime was
committed
If the accused relied on the presence of armed men, availing himself of
the aid of the latter, his liability is aggravated. Dowever, where it appeared
that appellants were not merely present at the scene of the crime but were in
conspiracy with the assailant, shooting the victim and leaving the scene
together after apparently accomplishing their purpose clearly evincing
conspiracy, this circumstance cannot be appreciated. (Pp vs& *mbrero, ':9 +"!#
F(')
There must be no unity of purpose between the ofender and the armed men
present in the commission of the crime. The eistence of conspiracy will
make the armed men liable as principals by direct participation.
%ceptions:
a. when both the attacking part" and the part" attacked were e2uall" armed
b. not present when the accused as well as those who cooperated with him in the
commission of the crime acted under the same plan and for the same purpose.
c. %asual presence, or when the offender did not avail himself of an" of their aid nor
did not knowingl" count upon their assistance in the commission of the crime
,)T1 T1 A)- 0> AR&- &+ (H A (A+-
!resent even if one of the offenders merel"
relied on their aid. Actual aid is not
necessar"
-e2uires more than 3 armed malefactors
who all acted together in the commission
of an offense
/2
/3
if there are more than 3 armed men, aid of armed men is absorbed in the
emplo"ment of a band.
If the accused, upom assurance of policemen 0 and 4 that they would
not patrol the area so that he could theft or robbery thereat, the commission
of burglary in the said area where no routine patrolling was done is
aggravated by the aid of persons (ho insure or a)ord impunity.
5. That the accuse# is a RC)-)B)'T
Reci#ivist one who at the time of his trial for one crime, shall have been previousl"
convicted b" final &udgment of another crime embraced in the same title of the -!%
It is important that the conviction which came earlier must refer to the crime committed earlier
than the subse(uent conviction.
Basis+ Ereater perversit" of the offender as shown b" his inclination to commit
crimes
Re$uisites:
a. offender is on trial for an offense
b. he was previousl" convicted b" final &udgment of another crime
c. that both the first and the second offenses are embraced in the same title of the
-!% 4not special law5
d. the offender is convicted of the new offense
.hat is controlling is the time of the trial, not the time of the commission of the
offense. At the time of the trial means from the arraignment until after sentence is
announced b" the &udge in open court.
$hen does judgment become final1 4-ules of %ourt5
a. after the lapse of a period for perfecting an appeal
b. when the sentence has been partiall" or totall" satisfied or served
c. defendant has expressl" waived in writing his right to appeal
d. the accused has applied for probation
Example of Crimes embraced in the 1ame title of the *4C
a. robber" and theft title 1;
b. homicide and ph"sical in&uries title B
In recidivism, the crimes committed should be felonies. -ecidivism cannot be had if the crime
committed is a violation of a special law.
C: #he accused was prosecuted and tried for theft, robber" and estafa. Iudgments
were read on the same da". (s he a recidivist@
A: )o. =ecause the &udgment in an" of the first two offenses was not "et final when
he was tried for the third offense
-ecidivism must be taken into account no matter how man" "ears have intervened
between the first and second felonies
Pardon does not obliterate the fact that the accused was a recidivist, but amnesty
extinguishes the penalt" and its effects
/3
/4
If the offender has already served his sentence and he was extended an absolute pardon, the
pardon shall erase the conviction including recidivism because there is no more penalt" so it shall
be understood as referring to the conviction or the effects of the crime.
To prove recidivism, it must be alleged in the information and with attached certified
copies of the sentences rendered against the accused
0xceptions* if the accused does not ob&ect and when he admits in his confession and
on the witness stand
2G. That the offen#er has !een previousl" punishe# for an offense to which
the law attaches an e$ual or greater penalt" or for two or more crimes to
which it attaches a lighter penalt"
R)TRAC)0+ 0R 1A()T/AL)TH it is essential that the offender be previousl"
punished1 that is, he has served sentence.
!ar. 1; speaks of penalty attached to the offense, not the penalt" actuall" imposed
in reiteracion, the penalty attached to the crime subse(uently committed should be higher or at
least e(ual to the penalty that he has already served. (f that is the situation, that means that the
offender was never reformed b" the fact that he alread" served the penalt" imposed on him on
the first conviction. However, if he commits a felony carrying a lighter penalty- subse2uentl", the
law considers that somehow he has been reformed but if he, again commits another felony which
carries a lighter penalty, then he becomes a repeater because that means he has not "et
reformed.
<ou will only consider the penalty in reiteracion if there is already a second conviction. 'hen
there is a third conviction, "ou disregard whatever penalt" for the subse2uent crimes committed.
6ven if the penalt" for the subse2uent crimes committed are lighter than the ones alread" served,
since there are alread" two of them subse2uentl", the offender is alread" a repeater.

0owever, if there is only a second conviction, pa" attention to the penalt" attached to the crime
which was committed for the second crime. #hat is wh" it is said that reiteracion is not alwa"s
aggravating. #his is so because if the penalt" attached to the felon" subse2uentl" committed is
not e2ual or higher than the penalt" alread" served, even if literall", the offender is a repeater,
repetition is not aggravating.
R)TRAC)0+ RC)-)B)'&
)ecessar" that offender shall have served
out his sentence for the first sentence
6nough that final &udgment has been
rendered in the first offense
!revious and subse2uent offenses must
not be embraced in the same title of the
%ode
3ame title
)ot alwa"s an aggravating circumstance Alwa"s aggravating
Thus, if 0 has been convicted of @urder, and after grant of parole
committed Domicide, he labors under this paragraph -)7( known as
reiteracion, but he is also sufering from recidivism -recidencia(. In such a
case, he will be considered only as recidivist, and par. )7 will no longer apply
to him.
< >orms of Repetition
a. !ecidivism generic
b. !eiteracion or @abituality generic
c. Aultiple recidivism or @abitual delinquency extraordinar" aggravating
d. KuasiL!ecidivism special aggravating
-istinctions !etween reci#ivism an# ha!itual #elin$uenc"
/4
/8
In recidivism /
%&' Two convictions are enough.
%)' The crimes are not specified- it is enough that they may be embraced under the same
title of the 1evised "enal *ode.
%D' There is no time limit between the first conviction and the subse(uent conviction.
1ecidivism is imprescriptible.
%B' It is a generic aggravating circumstance which can be offset by an ordinary mitigating
circumstance. If not offset, it would only increase the penalty prescribed by law for the
crime committed to its maximum period.
%F' The circumstance need not be alleged in the information.
In habitual delin.uency /
%&' t least three convictions are re(uired.
%)' The crimes are limited and specified to6 %a' serious physical injuries, %b' less serious
physical injuries, %c' robbery, %d' theft, %e' estafa or swindling and %f' falsification.
%D' There is a time limit of not more than &? years between every convictions computed from
the first conviction or release from punishment thereof to conviction computed from the
second conviction or release therefrom to the third conviction and so on . . .
%B' Habitual delin(uency is a special aggravating circumstance, hence it cannot be offset by
any mitigating circumstance. side from the penalty prescribed by law for the crime
committed, an additional penalty shall be imposed depending upon whether it is already
the third conviction, the fourth, the fifth and so on . . .
%F' The circumstance must be alleged in the information- otherwise the court cannot ac(uire
jurisdiction to impose additional penalty.
1A()T/AL -L)+C/+CH when a person within a period of 1; "ears from the
date of his release or last conviction of the crimes of serious or less serious ph"sical
in&uries, robber", theft, estafa or falsification is found guilt" of an" of said crimes a
third time or oftener.
.hen the offender is a recidivist and at the same time a habitual delin(uent, the penalt" for the
crime for which he will be convicted will be increased to the maximum period unless offset b" a
mitigating circumstance. After determining the correct penalt" for the last crime committed, an
added penalt" will be imposed in accordance with Article /2.
Habitual delin(uency, being a special or specific aggravating circumstance must be alleged in the
information. (f it is not alleged in the information and in the course of the trial, the prosecution tried
to prove that the offender is a habitual delin2uent over the ob&ection of the accused, the court has
no &urisdiction to consider the offender a habitual delin2uent.
C/A')8RC)-)B)'& an" person who shall commit a felon" after having been
convicted b" final &udgment, before beginning to serve such sentence, or while
serving the same, shall be punished b" the maximum period of the penalt"
prescribed b" law for the new felon"
#he emphasis here is on the crime committed before sentence or while serving sentence which
should be a felon", a violation of the -evised !enal %ode. (n so far as the earlier crime is
concerned, it is necessar" that it be a felon".
#he emphasis is on the nature of the crime committed while serving sentence or before serving
sentence. (t should not be a violation of a special law.
Muasi$recidivism is a special aggravating circumstance. #his cannot be offset b" an" mitigating
circumstance and the imposition of the penalt" in the maximum period cannot be lowered b" an"
ordinar" mitigating circumstance. 'hen there is a privileged mitigating circumstance, the penalt"
/8
//
prescribed b" law for the crime committed shall be lowered b" 1 or 2 degrees, as the case ma"
be, but then it shall be imposed in the maximum period if the offender is a 2uasi$recidivist.
22. That the crime !e committe# )+ C0+')-RAT)0+ 0> A PR)C.
R,AR- 0R PR0&)'.
Re$uisites:
a& #t least ( principals
'& )he principal by inducement
(& )he principal by direct participation
b& the price, reward, or promise should be previous to and in consideration of the
commission of the criminal act
#pplicable to both principals&
To consider this circumstance, the price& reward or promise must be
the primary reason or the primordial motive for the commission of the crime.
Thus, if 0 approached 4 and told the latter what he thought of I, and 4
answered >he is a bad man? to which 0 retorted, >you see I am going to kill
him this afternoon?, and so 4 told him >If you do that, I=ll give you $C,777.77?
and after killing I, 0 again approached 4, told him he had already killed I,
and 4 in compliance with his promise, delivered the $C,777.77, this
aggravating circumstance is not present.
27. That the crime !e committe# !" means of inun#ation. fire. poison.
e%plosion. stran#ing a vessel or intentional #amage thereto. or #erailment
of a locomotive. or !" use of an" other artifice involving GRAT ,A'T 0R
R/)+.
Re$uisite* #he wasteful means were used b" the offender to accomplish a criminal
purpose
Fire is not aggravating in the crime of arson.
.henever a #illing is done with the use of fire, as when to kill someone, "ou burn down his house
while the latter is inside, this is murder.
There is no such crime as murder with arson or arson with homicide. #he crime committed is
onl" murder.
If the victim is already dead and the house is burned, the crime is arson. (t is either arson or
murder.
(f the intent is to destro" propert", the crime is arson even if someone dies as a conse2uence. (f
the intent is to kill, there is murder even if the house is burned in the process.
2nder ..0. B+A3 which amends $.F. )B66, when a person commits any
crime under the .evised $enal &ode or special laws with the use of eplosives
including but not limited to pillbo, motolov cocktail bombs, detonation
agents or incendiary devices resulting in the death of a person, the same is
aggravating. -;ection +(
26. That the act !e committe# with B)-+T PR&-)TAT)0+
Essence of premeditation+ the execution of the criminal act must be preceded b"
cool thought and reflection upon the resolution to carr" out the criminal intent during
the space of time sufficient to arrive at a calm &udgment
Re$uisites:
//
/.
a& the time when the offender determined to commit the crime
b& an act manifestly indicating that the culprit has clung to his determination
c& a sufficient lapse of time between the determination and execution to allow him to
reflect upon the consequences of his act and to allow his conscience to overcome the
resolution of his will
%onspirac" generall" presupposes premeditation
There are cases however, when conspiracy is established because of the
manner the crime was committed by the ofenders, which more often is
manifested by their acts before, during and after the commission of the
crime. This is called implied conspiracy. #hen such situation arises, the
court cannot presume evident premeditation. There is unity of purpose and
they all took part in the commission of the crime, but such is not evident
premeditation. It only establishes conspiracy.
.hen victim is different from that intended, premeditation is not aggravating.
Although it is not necessar" that there is a plan to kill a particular person for
premeditation to exist 4e.g. plan to kill first 2 persons one meets, general attack on a
villageNfor as long as it was planned5
#he premeditation must be based upon external facts, and must be evident, not
merel" suspected indicating deliberate planning
6vident premeditation is inherent in robber", adulter", theft, estafa, falsification, and
etc.
In evident premeditation, there must be a clear reflection on the part of the offender. However, if
the #illing was accidental, there was no evident premeditation. 'hat is necessar" to show and to
bring about evident premeditation aside from showing that as some prior time, the offender has
manifested the intention to kill the victim, and subse2uentl" killed the victim.
In People vs& Aojica, 'G +"!# >'>, the lapse of one hour and forty!%ve
minutes -31)C p.m. to 6 p.m.( was considered by the ;upreme &ourt as
su9cient. In People vs& "abodoc, (95 +"!# 'F?, where at )177 p.m., the accused
opened his balisong and uttered >I will kill him -referring to the victim(?, at
31,7 p.m. of the said date accused stabbed the victim, it was held that the
lapse of three and a half hours -, J hours( from the inception of the plan to
the eecution of the crime satis%ed the last re/uisite of evident
premeditation.
2<. That (2) CRA>T. (7) >RA/-. 0R (6) -)'G/)' !e emplo"e#
Craft involves intellectual tricker" and cunning on the part of the accused.
(t is emplo"ed as a scheme in the execution of the crime 4e.g. accused pretended to
be members of the constabular", accused in order to perpetrate rape, used
chocolates containing drugs5
&raft is present since the accused and his cohorts pretended to be
bona%de passengers of the jeep in order not to arouse suspicion* when once
inside the jeep, they robbed the driver and other passengers (People vs& 8ee, (GJ
+"!# :GG)
>rau# involves insidious words or machinations used to induce victim to act in a
manner which would enable the offender to carr" out his design.
/.
/B
as distinguished from craft which involves acts done in order not to arouse the
suspicion of the victim, fraud involves a direct inducement through entrapping or
beguiling language or machinations
-isguise resorting to an" device to conceal identit". !urpose of concealing identit"
is a must.
4ut the accused must be able to hide his identity during the initial
stage, if not all through out, the commission of the crime and his identity
must have been discovered only later on, to consider this aggravating
circumstance. If despite the mask worn by the accused, or his putting of
charcoal over his body, the ofended party even before the initial stage knew
him, he was not able to hide his identity and this circumstance cannot be
appreciated.
8istinction between *raft, Fraud, and 8isguise
Craft >rau# -isguise
(nvolves the use of intellectual
tricker" and cunning to arouse
suspicion of the victim
(nvolves the use of direct
inducement b" insidious
words or machinations
(nvolves the use of
devise to conceal
identit"
Re$uisite: The offender must have actually taken advantage of craft, fraud, or disguise to
facilitate the commission of the crime.
The circumstance is characteri"ed by the intellectual or mental approach,
rather than the physical means to which criminal resorts to carry out his
intention.
Inherent in+ estafa and falsification
2=. That (2) A-BA+TAG ( TAI+ 0> '/PR)0R 'TR+GT1. or (7)
&A+' ( &PL0H- T0 ,AI+ T1 ->+'
)o purposely use excessive force out of the proportion to the means of defense available to
the person attac%ed&
a. 3uperiorit" ma" arise from aggressorCs sex, weapon or number as compared to
that of the victim 4e.g. accused attacked an unarmed girl with a knife1 3 men
stabbed to death the female victim5.
b. )o advantage of superior strength when one who attacks is overcome with
passion and obfuscation or when 2uarrel arose unexpectedl" and the fatal blow
was struck while victim and accused were struggling.
c. 0s. by a band * circumstance of abuse of superior strength, what is taken into
account is not the number of aggressors nor the fact that the" are armed but their
relative ph"sical might vis$O$vis the offended part"
#here must be evidence of notorious ine2ualit" of forces between the offender and the offended
part" in their age, si+e and strength, and that the offender took advantage of such superior
strength in committing the crime. The mere fact that there were two persons who attac#ed the
victim does not per se constitute abuse of superior strength %4eople v. Carpio $%$ 1C*A $"'.
To appreciate abuse of superior strength, what should be considered is not
that there were three, four or more assailants of the victim. #hat matters is
whether the aggressors took advantage of their combined strength in order
to consummate the crime.
The fact known however that there were two persons who attacked the
victim does not perse establish that the crime was committed with abuse of
/B
/:
superior strength. To take advantage of superior strength means to purposely
use ecessive force out of proportion to the means available to the person
attacked to defend himself. (People vs& "asingal, (J5 +"!# 5?)
Dad treachery or alevosia been proven, it would have absorbed abuse
of superior strength. (People vs& Panganiban, (J' +"!# :')
Re$uisite of &eans to ,ea3en -efense
a& Aeans were purposely sought to wea%en the defense of the victim to resist the assault
b& )he means used must not totally eliminate possible defense of the victim, otherwise it
will fall under treachery
To wea2en the defense illustrated in the case where one struggling with another
suddenl" throws a cloak over the head of his opponent and while in the said
situation, he wounds or kills him. <ther means of weakening the defense would be
intoxication or disabling thru the senses 4casting dirt of sand upon anotherCs e"es5
2A. That the act !e committe# with TRAC1RH (alevosia)
TRAC1RH: when the offender commits an" of the crime against the person,
emplo"ing means, methods or forms in the execution thereof which tend directl" and
speciall" to insure its execution without risk to himself arising from the defense which
the offended part" might make.
Re$uisites:
a& that at the time of the attac%, the victim was not in the position to defend himself
b& that the offender consciously adopted the particular means, method or form of attac%
employed by him
The essence of treachery is that by virtue of the means, method or form employed by the
offender, the offended party was not able to put up any defense. (f the offended part" was able to
put up a defense, even onl" a token one, there is no treacher" an"more. (nstead some other
aggravating circumstance ma" be present but not treacher" an"more.
Treachery can5t be considered when there is no evidence that the accused, prior
to the moment of the #illing, resolved to commit to crime, or there is no proof that the
death of the victim was the result of meditation, calculation or reflection.
a. does not exist if the accused gave the deceased chance to prepare or there was
warning given or that it was preceded b" a heated argument
b. there is alwa"s treacher" in the killing of child
c. generall" characteri+ed b" the deliberate and sudden and unexpected attack of
the victim from behind, without an" warning and without giving the victim an
opportunit" to defend himself
Treachery is out when the attac# was merely incidental or accidental because in the definition of
treacher", the implication is that the offender had consciousl" and deliberatel" adopted the
method, means and form used or emplo"ed b" him
6xamples* victim asleep, half$awake or &ust awakened, victim grappling or being
held, attacks from behind
$ut treachery may exist even if attac# is face=to=face as long as victim was not
given an" chance to prepare defense
.here there is conspiracy, treacher" is considered against all the offenders
/:
.;
Treachery absorbs abuse of strength, aid of armed men, b" a band and means to
weaken the defense
TRAC1RH A(/' 0> '/PR)0R
'TR+GT1
&A+' &PL0H- T0
,AI+ ->+'
Means, methods or forms
are emplo"ed b" the
offender to make it
impossible or hard for the
offended part" to put an"
sort of resistance
<ffender does not emplo"
means, methods or forms
of attack, he onl" takes
advantage of his superior
strength
Means are emplo"ed but it
onl" materiall" weakens the
resisting power of the
offended part"
(ntoxication is the means deliberatel" emplo"ed b" the offender to weaken the defense of the
offended part". If this was the very means employed, the circumstance may be treachery and not
abuse of superior strength or means to wea#en the defense.
There must be evidenced on how the crime was committed. (t is not enough to show that the
victim sustained treacherous wound. (t must be shown that the victim was totall" defenseless.
3uddenness of the attack does not b" itself constitute treacher" in the absence of evidence that
the manner of the attack was consciousl" adopted b" the offender to render the offended part"
defenseless %4eople v. Ilagan $%$ 1C*A )A&'.
'ven if the person killed is diferent from the intended victim, treachery must
be considered against the ofender because he is responsible either for the
intended victim or the actual victim.
5or treachery to be appreciated however, the circumstance must be
present at the inception of the attack and if absent, and the attack is
continuous, treachery at a subse/uent stage is not to be considered. (People
vs& 6scoto, (JJ +"!# 5F(). Dowever, if there is a break in the continuity of the
aggression, it is not necessary that treachery be present in the beginning of
the assault* it is su9cient that when the fatal blow was inficted, there was
treachery& (*&+& vs& ,alagtas, ': Phil& '9J)
2E. That the means !e emplo"e# or circumstances !rought a!out which
a## )G+0&)+H to the natural effects of the acts
)G+0&)+H is a circumstance pertaining to the moral order, which adds disgrace
and oblo2u" to the material in&ur" caused b" the crime
pplicable to crimes against chastit" 4rape included5, less serious ph"sical in&uries,
light or grave coercion and murder
Re$uisites:
a& "rime must be against chastity, less serious physical injuries, light or grave coercion,
and murder
b& )he circumstance made the crime more humiliating and shameful for the victim
0xamples6 accused embraced and kissed the offended part" not out of lust but out of
anger in front of man" people, raped in front of the husband, raped successivel" b"
five men
tend to make the effects of the crime more humiliating
(gnomin" not present where the victim was alread" dead when such acts were
committed against his bod" or person
.;
.1
-istinction !etween ignomin" an# cruelt"
Ignominy shocks the moral conscience of man while cruelty is ph"sical. Ignominy refers to the
moral effect of a crime and it pertains to the moral order, whether or not the victim is dead or
alive. *ruelty pertains to ph"sical suffering of the victim so the victim has to be alive. (n plain
language, ignominy is adding insult to injury.
%ruelt" and ignomin" are circumstances brought about which are not necessar" in the
2F. That the crime !e committe# after an /+LA,>/L +TRH
:nlawful entry when an entrance is effected b" a wa" not intended for the
purpose. Meant to effect entrance and )<# exit.
.hy aggravating; <ne who acts, not respecting the walls erected b" men to guard
their propert" and provide for their personal safet", shows greater perversit", a
greater audacit" and hence the law punishes him with more severit"
0xample6 -apist gains entrance thru the window
Inherent in6 #respass to dwelling, and robber" with force upon things.
Anlawful entr" is inherent in the crime of robber" with force upon things but aggravating in the
crime of robber" with violence against or intimidation of persons.
#here the escape was done through the window, the crime is not
attended by this circumstance since there was no unlawful entry.
25. That as a means to the commission of the crime. A ,ALL. R00>. -00R
0R ,)+-0, ( (R0I+
Re$uisites:
a& # wall, roof, window, or door was bro%en
b& )hey were bro%en to effect entrance
Applicable onl" if such acts were done b" the offender to effect entrance.
The breaking of the parts of the house must be made as a means to
commit the ofense. ;o, if 0 entered the door of his neighbor after killing him,
escaped by breaking the jalousies of the window or the door, this aggravating
circumstance is absent.
The basis of this aggravating circumstance refers to means and ways
employed to commit the crime. It is not necessary that the ofender should
have entered the building because the phrase >as a means to the
commission of the crime? does not re/uire entry to the building. It is also
inherent in the crime of robbery with force upon things.
Breaking is lawful in the following instances:
a. an officer in order to make an arrest ma" break open a door or window of an"
building in which the person to be arrested is or is reasonabl" believed to be1
b. an officer if refused admittance ma" break open an" door or window to execute
the search warrant or liberate himself,
.1
.2
7G. That the crime !e committe# (2) with the A)- 0> PR'0+' /+-R 2=
HAR' of age. or (7) !" &A+' 0> &0T0R B1)CL'. airships or other
similar means.
*eason for I$* to repress, so far as possible, the fre2uent practice resorted to b"
professional criminals to avail themselves of minors taking advantage of their
responsibilit" 4remember that minors are given lenienc" when the" commit a crime5
The minors here could be accessories, accomplices or principals who
aided the accused in the commission of the crime.
0xample* Iuan instructed a 14$"ear old to climb up the fence and open the gate for
him so that he ma" rob the house
*eason for I"* to counteract the great facilities found b" modern criminals in said
means to commit crime and flee and abscond once the same is committed.
Necessary that the motor vehicle be an important tool to the consummation of the
crime %bic"cles not included5
0xample* Iuan and !edro, in committing theft, used a truck to haul the appliances
from the mansion.
This circumstance is aggravating only when used in the commission of the offense. If motor
vehicle is used only in the escape of the offender, motor vehicle is not aggravating. To be
aggravating, it must have been used to facilitate the commission of the crime.
The motor vehicle must have been sought by the ofender to facilitate the
72. That the wrong #one in the commission of the crime !e #eli!eratel"
augmente# !" causing other wrong not necessar" for its commission
CR/LTH* when the culprit en&o"s and delights in making his victim suffer slowl"
and graduall", causing him unnecessar" ph"sical pain in the consummation of the
criminal act. %ruelt" cannot be presumed nor merel" inferred from the bod" of the
deceased. 0as to be proven.
a. mere pluralit" of words do not show cruelt"
b. no cruelt" when the other wrong was done after the victim was dead
Re$uisites:
a& that the injury caused be deliberately increased by causing other wrong
b& that the other wrong be unnecessary for the execution of the purpose of the offender
For cruelty to exist as an aggravating circumstance, there must be evidence showing that the
accused inflicted the alleged cruel wounds slowl" and graduall" and that he is delighted seeing
the victim suffer in pain. (n the absence of evidence to this effect, there is no cruelt".
There is cruelty when the ofender is deliberately and inhumanly
augmented the sufering of the victim.
The essence of cruelty is that the culprit %nds delight in prolonging the
sufering of the victim.
)G+0&)+H CR/LTH
Moral suffering sub&ected to humiliation !h"sical suffering
.2
.3
0T1R AGRABAT)+G C)RC/&'TA+C':
0rgani9e# or s"n#icate# crime group
(n the same amendment to Article /2 of the -evised !enal %ode, paragraphs were added which
provide that the maximum penalt" shall be imposed if the offense was committed b" an" person
who belongs to an organi+ed or s"ndicated crime group.
An organi+ed or s"ndicated crime group means a group of two or more persons collaborating,
confederating or mutuall" helping one another for purposes of gain in the commission of a crime.
'ith this provision, the circumstance of an organi+ed or s"ndicated crime group having
committed the crime has been added in the %ode as a special aggravating circumstance. #he
circumstance being special or 2ualif"ing, it must be alleged in the information and proved during
the trial. <therwise, if not alleged in the information, even though proven during the trial, the
court cannot validl" consider the circumstances because it is not among those enumerated under
Article 14 of the %ode as aggravating. (t is noteworth", however, that there is an organi+ed or
s"ndicated group even when onl" two persons collaborated, confederated, or mutuall" helped
one another in the commission of a crime, which acts are inherent in a conspirac". 'here
therefore, conspirac" in the commission of the crime is alleged in the information, the allegation
ma" be considered as procedurall" sufficient to warrant receiving evidence on the matter during
trial and conse2uentl", the said special aggravating circumstance can be appreciated if proven.
*nder the +n,uence of Dangerous Drugs
;ec. )H of 4.$. 4lg. )HA promulgated on @arch +, )AB+ provides1
>The provision of any law to the contrary
notwithstanding, when a crime is committed by an ofender who
is under the infuence of dangerous drugs, such state shall be
considered as /ualifying aggravating circumstance.?
*se of *nlicensed Firearm
0lthough the circumstance that human life was destroyed with the use of an
unlicensed %rearm is not aggravating under 0rt. )3, .$&, it may still be taken into
consideration to increase the penalty because of the eplicit provisions of the
$residential Fecree Ko. )B66 as amended by ..0. B+A3. ;ection -)(, ,
rd
par. of said
law says that if homicide or murder is committed with the use of an unlicensed
%rearm, such use of an unlicensed %rearm shall be considered as an aggravating
circumstance. 5urther, under ;ec. , thereof, when a person commits any of the
crimes de%ned in the .evised $enal &ode or special laws with the use of eplosives
like pill bo, motolov cocktail bombs, %rebombs or other incendiary devices which
result in the death of a person, such use shall be considered as an aggravating
circumstance.
Art 2=. #8)6!B#)I6 "I!"*A+)#B"6+& )heir concept. K Alternative
circumstances are those which must !e ta3en into consi#eration as
aggravating or mitigating accor#ing to the nature an# effects of the crime
an# the other con#itions atten#ing its commission. The" are the
relationship. into%ication an# the #egree of instruction an# e#ucation of the
offen#er.
The alternative circumstance of relationship shall !e ta3en into
consi#eration when the offen#e# part" is the spouse. ascen#ant.
#escen#ant. legitimate. natural. or a#opte# !rother or sister. or relative !"
affinit" in the same #egrees of the offen#er.
The into%ication of the offen#er shall !e ta3en into consi#eration as
a mitigating circumstances when the offen#er has committe# a felon" in a
state of into%ication. if the same is not ha!itual or su!se$uent to the plan
.3
.4
to commit sai# felon" !ut when the into%ication is ha!itual or intentional. it
shall !e consi#ere# as an aggravating circumstance.
Alternative Circumstances those which must be taken into consideration as
aggravating or mitigating according to the nature and effects of the crime and other
conditions attending its commission.
:se only the term alternative circumstance for as long as the particular circumstance is not
involved in any case or problem. The moment it is given in a problem, do not use alternative
circumstance, refer to it as aggravating or mitigating depending on whether the same is
considered as such or the other.
They are+
a. relationship 7 taken into consideration when offended part" is the spouse,
ascendant, descendant, legitimate, natural or adopted brother or sister, or
relative b" affinit" in the same degree 42
nd
5of the offender
The relationship of step!daughter and step father is included (Pp vs&
)an,(9J +"!# J(>), 4ut not of uncle and niece. (People vs& "abresos, (JJ +"!# 59()
b. intoxication 7 mitigating when the offender has committed a felon" in the state
of intoxication, if the same is not habitual or subse2uent to the plan to commit the
said felon". Aggravating if habitual or intentional
c. degree of instruction and education of the offender
0xcept for the circumstance of intoxication, the other circumstances in rticle &F may not be
ta#en into account at all when the circumstance has no bearing on the crime committed. 3o the
court will not consider this as aggravating or mitigating simpl" because the circumstance has no
relevance to the crime that was committed.
It is only the circumstance of intoxication which if not mitigating, is automatically aggravating. =ut
the other circumstances, even if the" are present, but if the" do not influence the crime, the court
will not consider it at all. 1elationship ma" not be considered at all, especiall" if it is not inherent
in the commission of the crime. 8egree of instruction also will not be considered if the crime is
something which does not re2uire an educated person to understand.
RLAT)0+'1)P
AI)I7#)IB7 "I!"*A+)#B"6 #77!##)IB7 "I!"*A+)#B"6
In crimes against property 4robber", usurpation,
fraudulent insolvenc", arson5
In crimes against persons in cases where
the offender, or when the offender and the
offended part" are relatives of the same level,
as killing a brother, adopted brother or half$
brother.
lways aggravating in crimes against chastity.
6xception/ Art &&" of CC no criminal liabilit",
civil liabilit" onl" for the crimes of theft,
swindling or malicious mischief committed or
caused mutuall" b" spouses, ascendants,
descendants or relatives b" affinit" 4also
brothers, sisters, brothers$in$law or sisters$in$
law if living together5. It becomes an
0G0+"TIN7 circumstance.
415 (n the case of an accessor" who is
related to the principal within the
relationship prescribed in Article 2;1
425 Also in Article 24., a spouse does not
incur criminal liabilit" for a crime of less
serious ph"sical in&uries or serious
ph"sical in&uries if this was inflicted
after having surprised the offended
spouse or paramour or mistress
,ometimes, relationship is a (ualifying and not
only a generic aggravating circumstance. (n
the crime of 2ualified seduction, the offended
woman must be a virgin and less than 1B "rs
old. =ut if the offender is a brother of the
offended woman or an ascendant of the
offended woman, regardless of whether the
woman is of bad reputation, even if the woman
is /; "ears old or more, crime is 2ualified
seduction. (n such a case, relationship is
2ualif"ing.
.4
.8
committing actual sexual intercourse.
-elationship neither mitigating nor aggravating when relationship is an element of
the offense.
0xample* parricide, adulter", concubinage.
)+T0*)CAT)0+
AI)I7#)IB7 "I!"*A+)#B"6 #77!##)IB7 "I!"*A+)#B"6
a5 if intoxication is not habitual
b5 if intoxication is not subse2uent to the
plan to commit a felon"
a5 if intoxication is habitual such habit
must be actual and confirmed
b5 if its intentional 4subse2uent to the plan
to commit a felon"5
This circumstance is ipso facto mitigating, so that if the prosecution wants to den" the offender
the benefit of this mitigation, the" should prove that it is habitual and that it is intentional . The
moment it is shown to be habitual or intentional to the commission of the crime, the same will
immediatel" aggravate, regardless of the crime committed.
Must show that he has taken such 2uantit" so as to blur his reason and deprive him
of a certain degree of control
+nto-ication means that the ofender=s mental faculties are afected by
drunkenness. It is not the /uantity of alcohol taken by the ofender that
determines drunkenness. It is the efect of the alcohol taken by him that
matters. If the alcohol taken by him blurs his reason and deprives him of self!
control, then he is intoicated.
Intoxication to be considered mitigating, re(uires that the offender has reached that degree of
intoxication where he has no control of himself anymore. #he idea is the offender, because of the
intoxication is alread" acting under diminished self control. It is not the (uantity of alcoholic drin#.
1ather it is the effect of the alcohol upon the offender which shall be the basis of the mitigating
circumstance.

The conduct of the offender, the manner of committing the crime, his behavior after committing
the crime must show the behavior of a man who has already lost control of himself. <therwise
intoxication cannot legall" be considered.
A habitual drunkard is given to inebriet" or the excessive use of intoxicating drinks.
0abitual drunkenness must be shown to be an actual and confirmed habit of the
offender, but not necessaril" of dail" occurrence.
-GR 0> )+'TR/CT)0+ A+- -/CAT)0+
AI)I7#)IB7 "I!"*A+)#B"6 #77!##)IB7 "I!"*A+)#B"6
9ow degree of instruction J education or
the lac# of it. =ecause he does not full"
reali+e the conse2uences of his criminal act.
)ot &ust mere illiterac" but lack of intelligence.
High degree of instruction and education
offender avails himself of his learning in
committing the offense.
In appreciating these circumstances, the court considers not only literally but
also lack of intelligence of the ofender. +lliteracy refers to the ability of the
individual to read and write and the ability to comprehend and discern the
meaning of what he has read. In order to be mitigating& there must be the
concurrence or combination of illiteracy and lac, of intelligence on the part of
the o1ender.
.8
./
The nature of the crime committed must be considered in making such a
conclusion.
The fact that the offender did not have schooling and is illiterate does not mitigate his liability if
the crime committed is one which he inherently understands as wrong such as parricide.
Exceptions ,not mitigating-+
a. crimes against propert"
b. crimes against chastit" 4rape included5
c. crime of treason
Art 2A. $ho are criminally liable. K The following are criminall" lia!le for
grave an# less grave felonies:
2. Principals.
7. Accomplices.
6. Accessories.
The following are criminall" lia!le for light felonies:
2. Principals
7. Accomplices.
This classification is true only under the 1evised "enal *ode and is not used under special laws,
because the penalties under the latter are never graduated. 9o not use the term principal when
the crime committed is a violation of special law. <nl" use the term Goffender.H lso only classify
offenders when more than one too# part in the commission of the crime to determine the proper
penalty to be imposed. 3o, if onl" one person committed a crime, do not use principal. Ase the
Goffender,H Gculprit,H or the Gaccused.H
.hen a problem is encountered where there are several participants in the crime, the first thing
to find out is if there is a conspiracy. (f there is, as a general rule, the criminal liabilit" of all will be
the same, because the act of one is the act of all. However, if the participation of one is so
insignificant, such that even without his cooperation, the crime would be committed just as well,
then notwithstanding the existence of a conspirac", such offender will be regarded onl" as an
accomplice.

s to the liability of the participants in a felony, the %ode takes into consideration whether the
felon" committed is grave, less grave, or light.
.hen the felony is grave, or less grave, all participants are criminall" liable.
$ut where the felony is only light only the principal and the accomplice are liable. #he accessor"
is not. $ut even the principal and the accomplice will not be liable if the felon" committed is onl"
light and the same is not consummated unless such felon" is against persons or propert"
Accessories 7 not liable for light felonies because the individual pre&udice is so
small that penal sanction is not necessar"
>nly natural persons can be criminals as onl" the" can act with malice or negligence
and can be subse2uentl" deprived of libert". 4uridical persons are liable under
special laws.
+anager of a partnership is liable even if there is no evidence of his direct
participation in the crime.
*orporations ma" be the in&ured part"
7eneral 1ule6 %orpses and animals have no rights that ma" be in&ured.
0xception6 defamation of the dead is punishable when it blackens the memor" of one
who is dead.
./
..
Art 2E. Principals& K The following are consi#ere# principals:
2. Those who ta3e a #irect part in the e%ecution of the act;
7. Those who #irectl" force or in#uce others to commit it;
6. Those who cooperate in the commission of the offense !" another
act without which it woul# not have !een accomplishe#.
PR)+C)PAL' (H -)RCT PART)C)PAT)0+
The principal by direct participation must be at the scene of the crime,
personally taking part in the eecution of the same.
*e.uisites for " or more to be principals by direct participation+
a. participated in the criminal resolution 4conspirac"5
b. carried out their plan and personall" took part in its execution b" acts
which directl" tended to the same end
Conspirac" (s unit" of purpose and intention.
To be a party to a conspiracy, one must have the intention to
participate in the transaction with a view to further the common design and
purpose. @ere knowledge, ac/uiescence, or approval of the act is not
enough. #hen there is no conspiracy in the commission of the crime, each of
the ofenders is liable only by the acts performed by him.
Establishment of Conspiracy
a. proven b" overt act
b. )ot mere knowledge or approval
c. (t is not necessar" that there be formal agreement.
d. Must prove be"ond reasonable doubt
e. %onspirac" is implied when the accused had a
common purpose and were united in execution.
f. :nity of purpose and intention in the commission of
the crime may be shown in the following cases*
1. 3pontaneous agreement at the moment of the commission of the crime
2. Active %ooperation b" all the offenders in the perpetration of the crime
3. %ontributing b" positive acts to the reali+ation of a common criminal intent
4. !resence during the commission of the crime b" a band and lending moral
support thereto.
g. 'hile conspirac" ma" be implied from the
circumstances attending the commission of the crime, it is nevertheless a rule
that conspirac" must be established b" positive and conclusive evidence.
#here the accused conspired with this three -,( co!accused to kill the
two -+( victims and the role assigned to him was to kill one of the victims
which he did, he is a principal by direct participation in the two -+( murders.
%onspirator not liable for the crimes of the other which is not the ob&ect of the
conspirac" or is not a logical or necessar" conse2uence thereof
0 co!conspirator who committed an act substantially diferent from the
crime conspired upon is solely liable for the crime committed by him. The
other members of the conspiracy will not be liable for the crime. (Pp vs& -ela
"erna, 8L(G:'', ;ct& (G, ':?:)
..
.B
0 conspirator is liable for another crime which is the necessary and
logical conse/uence of the conspiracy.
0 person in conspiracy with others, who had desisted before the crime
was committed by the others, is not criminally liable. (Pp vs& -almacio )imbol, 7&
!& Bos& 8LJ?J?'LJ?J?5, #ug& J, ':JJ)
#hen there is a conspiracy in the commission of the crime, it is not
necessary to ascertain the speci%c act of each conspirator. (Pp vs& 0ernande., 7&
!& Bo& 9(''9, Aarch ((, '::G, 'F5 +"!#)
Aultiple rape each rapist is liable for anotherCs crime because each cooperated in
the commission of the rapes perpetrated b" the others
%ception: in the crime of murder with treachery all the offenders must at least
know that there will be treacher" in executing the crime or cooperate therein.
0xample6 Iuan and !edro conspired to kill #omas without the previous plan of
treacher". (n the crime scene, Iuan used treacher" in the presence of !edro and
!edro knew such. =oth are liable for murder. =ut if !edro sta"ed b" the gate while
Iuan alone killed #omas with treacher", so that !edro didnCt know how it was carried
out, Iuan is liable for murder while !edro for homicide.
No such thing as conspiracy to commit an offense through negligence. 0owever,
special laws ma" make one a co$principal.
0xample6 :nder the "ure Food and 8rug ct, a storeowner is liable for the act of his
emplo"ees of selling adulterated coffee, although he didnCt know that coffee was
being sold.
%onspirac" is negatived b" the ac2uittal of co$defendant.
)hat the culprits 3carried out the plan and personally too% part in the execution, by acts
which directly tended to the same end2/
a. #he principals b" direct
participation must be at the scene of the crime, personall" taking part,
b. <ne serving as guard
pursuant to the conspirac" is a principal direct participation.
If the second element is missing, those who did not participate in the commission of
the acts of execution cannot be held criminall" liable, unless the crime agreed to be
committed is treason, sedition, or rebellion.
PR)+C)PAL' (H )+-/CT)0+ ()+-/C&+T)
a. 3)hose who directly force or induce others to commit it2
b. "rincipal by induction liable only when principal by direct participation committed
the act induced
Two ways of becoming a principal by inducement. The %rst one is by
directly forcing another to commit the crime and the second is by directly
inducing another to commit the crime.
2nder 0rt. )+, there are two ways of forcing another to commit a
crime: by using irresistible force and by using uncontrollable fear. In these
cases, conspiracy is not considered because only one person is criminally
liable 8 the person who directly forces another to commit a crime. The one
.B
.:
forced to perform the act or the material eecutor is not criminally liable as
he is eempt from criminal liability according to 0rt. )+.
c. *e.uisites+
'& inducement be made directly with the intention of procuring the commission of the
crime
(& such inducement be the determining cause of the commission of the crime by the
material executor
'ven if the inducement be directly made, with the inducer insistent
and determined to procure the commission of the crime, he still cannot be
classi%ed as principal by induction if the inducement is not the determining
cause for committing the crime. Thus, if the actor has reason of his own to
commit the ofense, there can be no principal by induction.
d. 9orms of Inducements
1. =" !rice, reward or promise
1. =" irresistible force or uncontrollable fear
Imprudent advice does not constitute sufficient inducement
@ere suggestions, or a thoughtless epression or a chance word
spoken without any intention or epectation that it would produce the result
cannot hold the utterer liable as principal by inducement.
Concept of the inducement / one strong enough that the person induced could hardly resist.
This is tantamount to an irresistible force compelling the person induced to carry out the
execution of the crime. (ll advised language is not enough unless he who made such remark or
advice is a co$conspirator in the crime committed.
It is necessary that the inducement be the determining cause of the
commission of the crime by the principal by direct participation, that is,
without such inducement, the crime would no have been committed. If the
principal by direct participation has personal reasons to commit just the same
even if no inducement was made on him by another, there can be no
principal by inducement.
#. *e.uisites for words of command to be considered inducement+
'& "ommander has the intention of procuring the commission of the crime
(& "ommander has ascendancy or influence
5& $ords used be so direct, so efficacious, so powerful
J& "ommand be uttered prior to the commission
>& 6xecutor had no personal reason
It is also important to note that the words of inducement must be
made prior to the commission of the crime. If uttered while the crime was
being committed or after the crime was committed, inducement would no
longer be a matter of concern. (Pp vs& "astillo, 7& !& Bo& 8L':(5FF, <uly (9, ':99)
It is necessary that one uttering the words of command must have the
intention of procuring commission of the crime and must have ascendancy or
infuence over the person acting. ;uch words used must be direct, so
e9cacious and so powerful as to amount to physical or moral coercion, that
the words of command must be uttered prior to the commission of the crime
and that the material eecutor of the crime must have no personal reason of
his own to commit the crime. (Pp vs& #gapinoy, 7& !& ????9, <une (?, '::G)
.:
B;
e. 'ords uttered in the heat of anger and in the nature of the command that had to
be obe"ed do not make one an inductor.
)+-/CT0R PR0P0'' T0 C0&&)T A >L0+H
(nduce others 3ame
>iable onl" when the crime is
executed
!unishable at once when proposes to commit
rebellion or treason. #he person to whom one
proposed should not commit the crime,
otherwise the latter becomes an inductor
%overs an" crime %overs onl" treason and rebellion
6ffects of #cquittal of Principal by direct participation on liability of principal by
inducement
a. %onspirac" is negated b" the ac2uittal of the co$defendant.
b. >ne can not be held guilty of instigating the commission of the crime without first
showing that the crime has been actually committed by another. =ut if the one
charged as principal b" direct participation be ac2uitted because he acted
without criminal intent or malice, it is not a ground for the ac2uittal of the principal
b" inducement.

PR)+C)PAL' (H )+-)'P+'A(L C00PRAT)0+
a. 3)hose who cooperate in the commission of the offense by another act without which it
would not have been accomplished2
2rincipals by Indispensable Cooperation are those who cooperate in the
commission of the ofense by another act without which it would not have
been accomplished. <ike in the case of $rincipal by Inducement, it
presupposes the eistence of the principal by direct participation otherwise
with whom shall he cooperate with indispensablyE
!. *e.uisites+
'& Participation in the criminal resolution
(& "ooperation through another act (includes negligence)
The ofender in this case must have knowledge of the criminal designs of the
principal by direct participation. Thereafter, he cooperates in the commission
of the ofense by an act without which the crime would not have been
committed.
There is collective criminal responsibility when the offenders are criminall" liable in
the same manner and to the same extent. #he penalt" is the same for all.
There is individual criminal responsibility when there is no conspirac".
The re/uisites for one to come under the ambit of paragraph , re/uires
the participation of the ofender in the criminal resolution. The participation
must be before the commission of the crime charged. De should cooperate in
the commission of the ofense by performing another act by without which
the ofense would not have been committed. The act of the principal by
indispensable cooperation should not be the act that constitutes the
eecution of the crime. It must be by another act.
Principal !" in#ispensa!le cooperation #istinguishe# from an accomplice
#he point is not &ust on participation but on the importance of participation in committing the
crime. #he basis is the importance of the cooperation to the consummation of the crime. If the
B;
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crime could hardly be committed without such cooperation, then such cooperation would bring
about a principal. =ut if the cooperation merel" facilitated or hastened the consummation of the
crime, this would make the cooperator merel" an accomplice.
#here both accused conspired and confederated to commit rape, and
one had se with the ofended party while the other was holding her hands,
and thereafter the latter was the one who raped the victim, both are
principals by direct participation and by indispensable cooperation in the two
-+( crimes of rape committed. (People vs& 0ernande., 'F5 +"!# >'')
#here 0, a municipal treasurer, conspired with 4 for the latter to
present a false receipt and which receipt was the basis of the reimbursement
approved by 0, and both thereafter shared the proceeds, 0 is the principal by
direct participation and 4 by indispensable cooperation in the crime of
@alversation.
Art. 2F. #ccomplices. K Accomplices are those persons who. not !eing
inclu#e# in Art. 2E. cooperate in the e%ecution of the offense !" previous or
simultaneous acts.
Re$uisites:
a& there be a community of design (principal originates the design, accomplice only
concurs)
b& he cooperates in the execution by previous or simultaneous acts, intending to give
material and moral aid (cooperation must be %nowingly done, it must also be necessary
and not indispensable
c& )here be a relation between the acts of the principal and the alleged accomplice
0xamples6 a5 Iuan was choking !edro. #hen #omas ran up and hit !edro with a
bamboo stick. Iuan continued to choke !edro until he was dead. #omas is onl" an
accomplice because the fatal blow came from Iuan.
b5 >ending a dagger to a killer, knowing the latterCs purpose.
An accomplice has knowledge of the criminal design of the principal and all he does
is concur with his purpose.
The accomplice does not conspire with the principal although he
cooperated in the eecution of the criminal act.
#here must be a relation between the acts done b" the principal and those attributed
to the person charged as an accomplice
In homicide or murder, the accomplice must not have inflicted the mortal wound.
Art. 25. #ccessories. K Accessories are those who. having 3nowle#ge
of the commission of the crime. an# without having participate# therein.
either as principals or accomplices. ta3e part su!se$uent to its
commission in an" of the following manners:
2. (" profiting themselves or assisting the offen#er to profit !" the
effects of the crime.
7. (" concealing or #estro"ing the !o#" of the crime. or the effects
or instruments thereof. in or#er to prevent its #iscover".
B1
B2
6. (" har!oring. concealing. or assisting in the escape of the
principals of the crime. provi#e# the accessor" acts with a!use of his
pu!lic functions or whenever the author of the crime is guilt" of treason.
parrici#e. mur#er. or an attempt to ta3e the life of the Chief %ecutive. or is
3nown to !e ha!ituall" guilt" of some other crime.
To be an accessory to a crime, one must learn or must have knowledge
of the same after its commission. The crime must have been consummated.
Dis participation must take place subse/uent to such knowledge and in the
manner provided under 0rticle 3A.
0ll the above!mentioned acts are performed by the accessory after the
commission of the crime. 0n accessory neither participates in the criminal
design nor cooperates in the commission of the crime. That is the reason why
he is sometimes called an accessory after the fact.
The crime committed must either be a less grave or grave felony
because if it is only a light felony, no criminal liability is incurred by the
accessory because of 0rticle H.
Example of 4ar $+ person received and used propert" from another, knowing it was
stolen
One can be an accessory not only by pro%ting from the efects of the
crime but also by assisting the ofender to pro%t from the efects of the crime.
The accessory however should not take the property without the
consent of the principal or accomplice in possession of the same, otherwise
he is a principal in the crime of theft since a stolen property can also be
subject of theft or robbery.
Example of 4ar "+ placing a weapon in the hand of the dead who was unlawfull"
killed to plant evidence, or bur"ing the deceased who was killed b" the principals
3estroying the corpus delicti
The body of the crime however does not only mean the body of the
person killed. This phrase refers to &O.$$2; F'<I&TI 8 that is, the body or
the substance of the ofense (People vs& ,antagan, >J Phil& FJ')& &orpus delicti
means the fact that a crime has actually been committed& (People vs&
Aadlangbayan, :J +"!# 9F>)
.hen the crime is robbery or theft, with respect to the second involvement of an accessor", do
not overlook the purpose which must be to prevent discover" of the crime.
The corpus delicti is not the body of the person who is #illed, even if the corpse is not recovered,
as long as that killing is established be"ond reasonable doubt, criminal liabilit" will arise and if
there is someone who destro"s the corpus delicti to prevent discover", he becomes an accessor".
#hile the body of the victim is a part of the term corpus delicti by
itself. The body of the crime may refer to the instrument used in the
commission of the crime such as knife, poison, gun or any material evidence
relevant to prove or establish he commission of the crime.
'-ample" #here the wife misled the authorities informing them that the
person who killed her husband was a thief who has fed, when in truth, the
killer was her paramour, the wife is liable as an accessory for concealing the
body of the crime.
Example of 4ar &+ a) public officers who harbor, conceal or assist in the escape of
the principal of an" crime 4not light felon"5 with abuse of his public functions, !)
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B3
private persons who harbor, conceal or assist in the escape of the author of the
crime guilt" of treason, parricide, murder or an attempt against the life of the
!resident, or who is known to be habituall" guilt" of some crime.
5arboring or concealing an offender
In the case of a public officer, the crime committed by the principal is immaterial. 3uch officer
becomes an accessor" b" the mere fact that he helped the principal to escape b" harboring or
concealing, making use of his public function and thus abusing the same.
>n the other hand, in case of a civilian, the mere fact that he harbored concealed or assisted the
principal to escape does not ipso facto make him an accessor". The law re(uires that the
principal must have committed the crime of treason parricide murder or attempt on the life of
the Chief Executive. (f this is not the crime, the civilian does not become an accessor" unless
the principal is known to be habituall" guilt" of some other crime.
0ven if the crime committed by the principal is treason, or murder or parricide or attempt on the
life of the *hief 0xecutive, the accessory cannot be held criminally liable without the principal
being found guilty of any such crime. >therwise the effect would be that the accessory merely
harbored or assisted in the escape of an innocent man, if the principal is ac(uitted of the charges.
Illustration6
*rime committed is #idnapping for ransom. "rincipal was being chased by soldiers. His aunt hid
him in the ceiling of her house and aunt denied to soldiers that her nephew had ever gone there.
.hen the soldiers left, the aunt even gave money to her nephew to go to the province. Is aunt
criminally liable@ )o. Article 2; does not include an auntie. 0owever, this is not the reason. #he
reason is because one who is not a public officer and who assists an offender to escape or
otherwise harbors, or conceals such offender, the crime committed b" the principal must be either
treason, parricide murder or attempt on the life of the %hief executive or the principal is known to
be habituall" guilt" of some other crime.
The crime committed by the principal is determinative of the liability of the accessory who
harbors, conceals #nowing that the crime is committed. (f the person is a public officer, the nature
of the crime is immaterial. 'hat is material is that he used his public function in assisting escape.
0owever, although under paragraph 3 of Article 1: when it comes to a civilian, the law specifies
the crimes that should be committed, "et there is a special law which punishes the same act and
it does not specif" a particular crime. 4residential 3ecree /o. $#"%, which penali!es
obstruction of apprehension and prosecution of criminal offenders, effective 4anuary &H, &A@&,
punishes acts commonly referred to as <obstructions of 6ustice=. #his 9ecree penali+es under
'ection 2(c) thereof, the act, inter alia, of
2%c' Harboring or concealing, or facilitating the escape of any person he #nows or has reasonable
ground to believe or suspect, has committed any offense under existing penal laws in order to
prevent his arrest, prosecution and conviction.3
0ere, there is no specification of the crime to be committed by the offender for criminal liability to be
incurred for harboring, concealing, or facilitating the escape of the offender, and the offender need not
be the principal / unli#e paragraph D, rticle &A of the *ode. #he sub&ect acts ma" not bring about
criminal liabilit" under the %ode, but under this decree. 3uch an offender if violating !residential
9ecree )o. 1B2: is no longer an accessor". 0e is simpl" an offender without regard to the crime
committed b" the person assisted to escape. 3o in the problem, the standard of the -evised
!enal %ode, aunt is not criminall" liable because crime is kidnapping, but under !residential
9ecree )o. 1B2:, the aunt is criminall" liable but not as an accessor".
The term >or is .no(n to be habitually guilty of some other
crimes? must be understood in ordinary concept. Dabituality in law means
three times or more. It can refer to any crime wherein the accused was
convicted for three times and such fact is known to the private individual who
assisted the principal in his escape.
General *ule+ !rincipal ac2uitted, Accessor" also ac2uitted
Exception+ when the crime was in fact committed but the principal is covered b"
exempting circumstances.
B3
B4
0xample6 Minor stole a ring and Iuan, knowing it was stolen, bought it. Minor is
exempt. Iuan liable as accessor"
Trial of accessory may proceed without awaiting the result of the separate charge
against the principal because the criminal responsibilities are distinct from each other
6ven if the principal is convicted, if the evidence presented against a supposed accomplice or a
supposed accessor" does not meet the re2uired proof be"ond reasonable doubt, then said
accused will be ac2uitted. ,o the criminal liability of an accomplice or accessory does not
depend on the criminal liability of the principal but depends on the (uantum of evidence. =ut if
the evidence shows that the act done does not constitute a crime and the principal is ac2uitted,
then the supposed accomplice and accessor" should also be ac2uitted. (f there is no crime, then
there is no criminal liabilit", whether principal, accomplice, or accessor".
?iability of the accessory the responsibilit" of the accessor" is subordinate to that
of a principal in a crime because the accessor"Cs participation therein is subse2uent
to its commission, and his guilt is directl" related to the principal. If the principal was
ac(uitted by an exempting circumstance the accessory may still be held liable.
$ut not "residential 8ecree No. &@)A. #his special law does not re2uire that there be prior
conviction. (t is a malum prohibitum, no need for guilt, or knowledge of the crime.
Two situations where accessories are not criminally liable:
%&' .hen the felony committed is a light felony-
%)' .hen the accessory is related to the principal as spouse, or as an ascendant, or
descendant or as brother or sister whether legitimate, natural or adopted or where the
accessory is a relative by affinity within the same degree, unless the accessory himself
profited from the effects or proceeds of the crime or assisted the offender to profit
therefrom.
3ifference of accessory from principal and accomplice+
a. Accessor" does not take direct part or cooperate in, or induce the commission of
the crime
b. Accessor" does not cooperate in the commission of the offense b" acts either
prior thereto or simultaneous therewith
c. !articipation of the accessor" in all cases alwa"s takes place after the
commission of the crime
d. #akes part in the crime through his knowledge of the commission of the offense.
>ne cannot be an accessory unless he #new of the commission of the crime. >ne must not have
participated in the commission of the crime. The accessory comes into the picture when the
crime is already consummated. nyone who participated before the consummation of the crime
is either a principal or an accomplice. He cannot be an accessory.
Accessory as a fence
where the crime committed b" the principal was robber" or theft, such participation of an
accessor" brings about criminal liabilit" under Presidential -ecree Bo& '9'( (#ntiL0encing 8aw).
<ne who knowingl" profits or assists the principal to profit b" the effects of robber" or theft is not
&ust an accessor" to the crime, but principall" liable for fencing under !residential 9ecree )o.
1/12.
An" person who, with intent to gain, ac2uires and?or sell, possesses, keeps or in an" manner
deals with an" article of value which he knows or should be known to him to be the proceeds of
robber" or theft is considered a GfenceH and incurs criminal liabilit" for GfencingH under said
decree. The penalty is higher than that of a mere accessory to the crime of robbery or theft.
>ikewise, the participation of one who conceals the effects of robber" or theft gives rise to
criminal liabilit" for GfencingH, not simpl" of an accessor" under paragraph 2 of Article 1: of the
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%ode. +ere possession of any article of value which has been the subject of robbery or theft
brings about the prima facie presumption of 2fencing3.
(n both laws, !residential 9ecree )o. 1/12 and the -evised !enal %ode, the same act is the
basis of liability and you cannot punish a person twice for the same act as that would go against
double jeopardy.
The crimes of robbery and fencing are clearly two distinct o1enses.
The law on fencing does not re/uire the accused to have participated in the
criminal design to commit, or to have been in any wise involved in the
commission of the crime or robbery or theft made to depend on an act of
fencing in order that it can be consummated. True, the object property in
fencing must have been previously taken by means of either robbery or theft
but the place where the robbery or theft occurs is inconse/uential.
Ac.uiring the effects of piracy or brigandage
#he act of knowingl" ac2uiring or receiving propert" which is the effect or the proceeds of a crime
generall" brings about criminal liabilit" of an accessor" under Article 1:, paragraph 1 of the
-evised !enal %ode. $ut if the crime was piracy of brigandage under 4residential 3ecree
/o. 8&& ,Anti-piracy and Anti-5ighway *obbery ?aw of $%JA-, said act constitutes the crime
of abetting piracy or abetting brigandage as the case may be, although the penalty is that for an
accomplice, not just an accessory, to the piracy or brigandage. To this end, 1ection A of
4residential 3ecree /o. 8&" provides that any person who #nowingly and in any mannerK
ac(uires or receives property ta#en by such pirates or brigands or in any manner derives benefit
therefromK shall be considered as an accomplice of the principal offenders and be punished
in accordance with the 1ules prescribed by the 1evised "enal *ode.
Art. 7G. #ccessories who are exempt from criminal liability. K The
penalties prescri!e# for accessories shall not !e impose# upon those who
are such with respect to their spouses. ascen#ants. #escen#ants.
legitimate. natural. an# a#opte# !rothers an# sisters. or relatives !" affinit"
within the same #egrees. with the single e%ception of accessories falling
within the provisions of paragraph 2 of the ne%t prece#ing article.
Basis+ #ies of blood and the preservation of the cleanliness of oneCs name which
compels one to conceal crimes committed b" relatives so near as those mentioned.
)ephew and )iece not included
ccessory not exempt when helped a relative$principal b" profiting from the effects of
the crime, or assisted the offender to profit from the effects of the crime.
<nl" accessories covered b" par 2 and 3 are exempted.
!ublic officer who helped his guilt" brother escape does not incur criminal liabilit" as
ties of blood constitutes a more powerful incentive than the call of dut".
P+ALT)'
4E/A?TC 7 suffering inflicted b" the 3tate for the transgression of a law.
Fi"e %&' theories that !ustify the imposition of penalty:
a. !revention 8 The ;tate must punish the criminal to prevent or
suppress the danger to the ;tate arising from the criminal acts of the
ofender*
B8
B/
b. /elf0defense 8 The ;tate has the right to punish the criminal as a
measure of self!defense so as to protect society from the threat and
wrong inficted by the criminal*
c. 1eformation 8 The object of punishment in criminal cases is to correct
and reform the ofender*
d. '-emplarity 8 The criminal is punished to serve as an eample to
deter others from committing crimes*
e. Justice 8 That crime must be punished by the ;tate as an act
retributive justice, a vindication of absolute right and moral as violated
by the criminal.
Imposition of a penalty has a three(fold purpose:
a. 1etribution or e-piation 8 The penalty is commensurate with the
gravity of the ofense.
b. Correction or reformation rules which regulate the eecution of
penalties consisting of deprivation of liberty
c. /ocial defense 8 as manifested by the infeibilities and severity in
the imposition of the penalty to recidivists and habitual delin/uents.
(uridical Conditions of 4enalty
a. +ust be productive of suffering limited b" the integrit" of human personalit"
b. +ust be proportionate to the crime
c. +ust be personal imposed onl" upon the criminal
d. +ust be legal according to a &udgment of fact and law
e. +ust be e(ual applies to ever"one regardless of the circumstance
f. +ust be correctional to rehabilitate the offender
Art. 72. Penalties that may be imposed. K +o felon" shall !e punisha!le
!" an" penalt" not prescri!e# !" law prior to its commission.
Euarantees that no act of a citi+en will be considered criminal unless the 3tate has
made it so b" law and provided a penalt"
Except+ 'hen the penalt" is favorable to the criminal
4y reason of 0rt. +), an act or omission cannot be punished by the
;tate if at the time it was committed there was no law prohibiting it. The
rule is that a man cannot be epected to obey an order that was not made
known to him.
Art. 77. !etroactive effect of penal laws. K Penal Laws shall have a
retroactive effect insofar as the" favor the persons guilt" of a felon". who is
not a ha!itual criminal. as this term is #efine# in Rule = of Article A7 of this
Co#e. although at the time of the pu!lication of such laws a final sentence
has !een pronounce# an# the convict is serving the same.
General *ule+ %riminal laws are given prospective effects
Exception+ Eive retroactive effect when favorable to the accused4not a habitual
deling2uent5. 6x. 3pecial law made the penalt" less severe but must refer to the
same deed or omission penali+ed b" the former statute
B/
B.
)ew law ma" provide that its provisions not be applied to cases alread" filed in court
at the time of the approval of such law.
The favorable retroactive effect of a new law may find the defendant in one of the D
situations
a. crime has been committed and the prosecution begins
b. sentence has been passed but service has not begun
c. sentence is being carried out.
5abitual criminal 4person who within the pd of 1; "ears from date of release or last
conviction of the crimes of serious or less serious ph"sical in&uries, robber", theft,
estafa or falsification, he is found guilt" of an" said crimes a third time or oftener5 is
N>T entitled to the benefit of the provisions of the new favorable law.
*ivil liabilities not covered by rt )) because rights of offended persons are not
within the gift of arbitrar" disposal of the 3tate.
$ut new law increasing civil liability cannot be given retroactive effect.
-etroactivit" applicable also to special laws
#he right to punish offenses committed under an old penal law is not extinguished if
the offenses are still punished in the repealing penal law. 0owever, if b" re$
enactment of the provisions of the former law, the repeal is b" implication and there
is a saving clause, criminal liabilit" under the repealed law subsists.
No retroactive effect of penal laws as regards jurisdiction of the court. Iurisdiction of
the court is determined b" the law in force at the time of the institution of the action,
not at the time of the commission of the crime.
Iurisdiction of courts in criminal cases is determined b" the allegations of the
complaint or information, and not b" the findings the court ma" make after trial.
Khen a law is ex post facto
a Makes criminal an act done before the passage of the law and which was
innocent when done, and punishes such an act.
b Aggravates the crime or makes it greater than it was when committed.
c %hanges the punishment and inflicts a greater punishment than the law annexed
to the crime when committed.
d Alters the legal rules of evidence and authori+es conviction upon less or different
testimon" than the law re2uired at the time of the commission of the crime.
e Assuming to regulate civil rights and remedies onl", in effect imposes penalt" or
deprivation of a right for something which when done was lawful.
f 9eprives a person accused of a crime some lawful protection to which he has
become entitled, such as the protection of a former conviction or ac2uittal or a
proclamation of amnest".
Bill of Attainder 7 a legislative act which inflicts punishment without trial. (ts
essence is the substitution of a legislative for a &udicial determination of guilt.
Art. 76. 6ffect of pardon by the offended party. K A par#on of the
offen#e# part" #oes not e%tinguish criminal action e%cept as provi#e# in
Article 6<< of this Co#e; !ut civil lia!ilit" with regar# to the interest of the
in:ure# part" is e%tinguishe# !" his e%press waiver.
B.
BB
0ven if injured party already pardoned the offender fiscal can still prosecute. )ot
even considered a ground for dismissal of the information. 6xception/ Art &AA $
crimes of seduction, abduction, rape or acts of lasciviousness pardon must be
expressed.
0 pardon given by the ofended party does not etinguish criminal
action because such pardon by the ofended party is not a ground for
dismissal of the complaint or information. 0 crime committed is an ofense
against the ;tate. In criminal cases, the intervention of the aggrieved
parties is limited to being witnesses for the prosecution, the ofended
party being the .epublic of the $hilippines.
<nl" %hief 6xecutive can pardon the offenders
*an5t compromise criminal liability, only civil liability but it still shall not extinguish
the public action for the imposition of the legal penalt".
0rt. +7,3 of the Kew &ivil &ode provides1 >there may be a compromise
upon the civil liability arising from an ofense* but such compromise shall
not etinguish the public action for the imposition of the legal penalty.?
0 contract stipulating for the renunciation of the right to prosecute an
ofense or waiving the criminal liability is void.
<ffended part" in the crimes of adulter" and concubinage canCt institute criminal
prosecution if he shall have consented or pardoned the offenders.
"ardon in adultery and concubinage may be implied continued inaction after
learning of the offense. Must pardon both offenders.
The pardon afforded the offenders must come $0F>10 the institution of the criminal
proceedings. %omplaint for an" of the above$mentioned crimes in Art 344 will still be
prosecuted b" the court on the ground that the pardon 4basis for the motion to
dismiss5 was given after the filing of the complaint.
#he onl" act that extinguishes the penal action, after the institution of criminal action,
is the marriage between the offender and the offended party
"ardon under rt DBB is only a bar to criminal prosecution. (t 9<63 )<# extinguish
criminal liabilit". (t is not one of the causes that totall" extinguish criminal liabilit" in
Art B:.
*ivil liability with regard to the interest of the injured party is extinguished by his
express waiver because personal in&ur" ma" be repaired through indemnit" an"wa".
3tate has no reason to insist on its pa"ment.
'aiver must be express.
Art. 7<. Aeasures of prevention or safety which are not considered
penalties. K The following shall not !e consi#ere# as penalties:
2. The arrest an# temporar" #etention of accuse# persons. as well as
their #etention !" reason of insanit" or im!ecilit". or illness re$uiring their
confinement in a hospital.
7. The commitment of a minor to an" of the institutions mentione# in
Article FG an# for the purposes specifie# therein.
BB
B:
6. 'uspension from the emplo"ment of pu!lic office #uring the trial
or in or#er to institute procee#ings.
<. >ines an# other corrective measures which. in the e%ercise of their
a#ministrative #isciplinar" powers. superior officials ma" impose upon
their su!or#inates.
=. -eprivation of rights an# the reparations which the civil laws ma"
esta!lish in penal form.
!ar 1 refers to the Gaccused personsH who are detained Gb" reason of insanit" or
imbecilit"H not an insane or imbecile who has not been arrested for a crime.
#he" are not considered penalties because the" are not imposed as a result of
judicial proceedings. #hose in par 1, 3 and 4 are merel" preventive measures before
the conviction of offenders.
*ommitment of a minor is not a penalty because it is not imposed by the court in a
judgment. #he imposition of the sentence in such a case is suspended.
7ines in par 4 are not imposed b" the court because otherwise, the" constitute a
penalt"
Correlating Article "A with Article "%
Although under Article 24, the detention of a person accused of a crime while the case against
him is being tried does not amount to a penalt", "et the law considers this as part of the
imprisonment and generall" deductible from the sentence.
'hen will this credit appl"@ If the penalty imposed consists of a deprivation of liberty. )ot all who
have undergone preventive imprisonment shall be given a credit
:nder rticle )B, preventive imprisonment of an accused who is not "et convicted is not a
penalt". <et rticle )A, if ultimatel" the accused is convicted and the penalt" imposed involves
deprivation of libert", provides that the period during which he had undergone preventive
detention will be deducted from the sentence, unless he is one of those dis2ualified under the
law.
3o, if the accused has actuall" undergone preventive imprisonment, but if he has been convicted
for two or more crimes whether he is a recidivist or not, or when he has been previousl"
summoned but failed to surrender and so the court has to issue a warrant for his arrest , whatever
credit he is entitled to shall be forfeited.
(f the offender is not dis2ualified from the credit or deduction provided for in Article 2: of the
-evised !enal %ode, then the next thing to determine is whether he signed an undertaking to
abide b" the same rules and regulations governing convicts. If he signed an underta#ing to abide
by the same rules and regulations governing convicts, then it means that while he is suffering
from preventive imprisonment, he is suffering like a convict, that is wh" the credit is full.
$ut if the offender did not sign an underta#ing, then he will onl" be sub&ected to the rules and
regulations governing detention prisoners. s such, he will only be given @?L or BJF of the
period of his preventive detention.
!reventive imprisonment is the incarceration undergone by a
person accused of a crime which is not bailable, or he cannot aford to post
bond. Furing the trial of his case, he is detained in jail. De is known as
detention prisoner.
/ubsidiary imprisonment, on the other hand, is the personal penalty
prescribed by law in substitution of the payment of %ne embodied in the
decision when the same cannot be satis%ed because of the culprit=s
insolvency. (People vs& <arumayan, >( ;&7& (JF)
B:
:;
Art. 7=. Penalties which may be imposed. K The penalties which ma" !e
impose# accor#ing to this Co#e. an# their #ifferent classes. are those
inclu#e# in the following 'cale:
PR)+C)PAL P+ALT)'
Capital punishment+
-eath.
Afflictive penalties+
Reclusion perpetua.
Reclusion temporal.
Perpetual or temporar" a!solute #is$ualification.
Perpetual or temporar" special #is$ualification.
Prision ma"or.
Correctional penalties+
Prision correccional.
Arresto ma"or.
'uspension.
-estierro.
?ight penalties+
Arresto menor.
Pu!lic censure.
Penalties common to the three prece#ing classes:
>ine. an#
(on# to 3eep the peace.
ACC''0RH P+ALT)'
Perpetual or temporar" a!solute #is$ualification.
Perpetual or temporar" special #is$ualification.
'uspension from pu!lic office. the right to vote an# !e vote# for. the
profession or calling.
Civil inter#iction.
)n#emnification.
>orfeiture or confiscation of instruments an# procee#s of the offense.
Pa"ment of costs.
Classification of penalties+
a !rincipal
b Accessor"

!rincipal penalties are those epressly imposed by the court while
2ccessory penalties are those that are deemed included in the principal
penalties imposed.
According to divisibility ,principal-
a divisible those that have fixed duration and are divisible into 3 periods
b indivisible no fixed duration 4death, -!, perpetual or absolute dis2ualification5
According to sub6ect matter
a corporal death
b deprivation of freedom reclusion, prision, arresto
c restriction of freedom destierro
d deprivation of rights dis2ualification and suspension
:;
:1
e pecuniar" fine
According to gravity
a capital
b afflictive
c correccional
d light
"ublic censure is a penalty, and being such, is not proper in ac2uittal. =ut a
competent court, while ac2uitting an accused ma", with un2uestionable propriet"
express its disapproval or reprehension of those acts to avoid the impression that b"
ac2uitting the accused it approves or admires his conduct.
!ermanent and temporar" absolute and permanent and temporar" special
dis2ualification and suspension ma" be principal or accessor" penalties because
the" are found in 2 general classes.
Art. 7A. $hen afflictive, correctional, or light penalty& K A fine. whether
impose# as a single of as an alternative penalt". shall !e consi#ere# an
afflictive penalt". if it e%cee#s A.GGG pesos; a correctional penalt". if it #oes
not e%cee# A.GGG pesos !ut is not less than 7GG pesos; an# a light penalt" if
it less than 7GG pesos.
Fines are imposed either as alternative 4Art 144 punishing disturbance of
proceedings with arresto ma"or or fine from 2;; pesos to 1;;; pesos5 or single 4fine
of 2;; to /;;; pesos5
Penalty cannot be imposed in the alternative since itCs the dut" of the court to indicate
the penalt" imposed definitel" and positivel". #hus, the court cannot sentence the
guilt" person in a manner as such as Gto pa" fine of 1;;; pesos, or to suffer an
imprisonment of 2 "ears, and to pa" the costs.H
(f the fine imposed b" the law for the felon" is exactl" 2;; pesos, it is a light felon".
9ines+
a #fflictive over /;;;
b "orrectional 2;1 to /;;;
c 8ight 2;; and less
Note6 #he classification applies if the fine is imposed as a single or alternative
penalt". 0ence, it does not apply if the fine imposed together with another penalty.
Bond to 2eep the peace is by analogy+
a fflictive over /;;;
b *orrectional 2;1 to /;;;
c 9ight 2;; and less
8istinction between classification of "enalties in rt. A and rt. )H
Article 5 Article 7A
Applicable in determining the prescriptive
period of felonies
Applicable in determining the prescriptive
period of penalties
-/RAT)0+ A+- >>CT 0> P+ALT)'
Art. 7E. !eclusion perpetua. KThe penalt" of reclusion perpetua shall
!e from twent" "ears an# one #a" to fort" "ears.
:1
:2
!eclusion temporal. K The penalt" of reclusion temporal shall !e from
twelve "ears an# one #a" to twent" "ears.
Prision mayor and temporary disqualification. K The #uration of the penalties
of prision ma"or an# temporar" #is$ualification shall !e from si% "ears
an# one #a" to twelve "ears. e%cept when the penalt" of #is$ualification is
impose# as an accessor" penalt". in which case its #uration shall !e that of
the principal penalt".
Prision correccional, suspension, and destierro. K The #uration of the
penalties of prision correccional. suspension an# #estierro shall !e from
si% months an# one #a" to si% "ears. e%cept when suspension is impose#
as an accessor" penalt". in which case. its #uration shall !e that of the
principal penalt".
#rresto mayor& K The #uration of the penalt" of arresto ma"or shall !e from
one month an# one #a" to si% months.
#rresto menor. K The #uration of the penalt" of arresto menor shall !e from
one #a" to thirt" #a"s.
,ond to %eep the peace& K The !on# to 3eep the peace shall !e re$uire# to
cover such perio# of time as the court ma" #etermine.
6 fol# rule: the maximum duration of the convict5s sentence shall not be more than D
times the length of time corresponding to the most severe of the penalties imposed
upon him.
the maximum duration of the convictCs sentence shall in no case exceed 4; "ears
Three=Fold 1ule is to be given effect when the convict is already serving sentence in the
penitentiiary. It is the prison authority who will apply the Three=Fold 1ule.
#emporar" dis2ualification and suspension, when imposed as accessor" penalties,
have different durations the" follow the duration of the principal penalt"
3estierro is imposed in the following circumstances+
a serious ph"sical in&uries or death under exceptional circumstances 4Art. 24.5
b failure to give bond for good behavior 4 a person making threat ma" be re2uired
to give bond not to molest the person threatened, if not destierro5
c penalt" for the concubine
d in cases where the reduction of the penalt" b" one or more degrees results in
destierro
8estierro is a principal penalty. It is a punishment whereby a convict is vanished to a certan
place and is prohibited form entering or coming near that place designated in the sentence, not
less than )F Mms.. However, the court cannot extend beyond )F? Mms. If the convict should
enter the prohibited places, he commits the crime of evasion of service of sentence under rticle
&FC. $ut if the convict himself would go further from which he is vanished by the court, there is
no evasion of sentence because the )F?=Mm. limit is upon the authority of the court in vanishing
the convict
Bond to 2eep the peace is not specificall" provided as a penalt" for an" felon" and
therefore cannot be imposed b" the court. (t is re2uired in Art 2B4 and not to be given
in cases involving other crimes.
'ummar":
:2
:3
a Perpetual penalties ,*.4.- 42; "rs 1da" 4;"rs5 after 3; "ears, can be pardoned,
except when he is unworth" of pardon b" reason of his conduct and some other
serious cause, it wonCt exceed 4; "ears.
b !eclusion )emporal 12 "rs and 1 da" to 2; "rs
c Prision Aayor and temporary disqualification / "rs and 1 da" to 12 "rs1
dis2ualification if accessor" follows the duration of the principal penalt"
d Prision "orreccional, suspension and destierro / mos and 1 da" to 12 "rs1
dis2ualification if accessor" follows the duration of the principal penalt"
e #rresto Aayor 1 month and 1 da" to / months
f #rresto Aenor 1 da" to 3; da"s
g ,ond to %eep the peace the period during which the bond shall be effective is
discretionar" to the court
"apital and #fflictive Penalties
-eath Reclusion
Perpetua
Reclusion
Temporal
Prison &a"or
)erm of
ImprisonL
ment
)one 2; "ears and 1
da" to 4; "ears
12 "ears and 1
da" to 2; "ears
/ "ears and 1 da"
to 12 "ears
#ccessory
Penalties
None, unless
pardoned*
$!erpetual
absolute
dis2ualification
$%ivil
interdiction for
3; "ears
$%ivil (nterdiction
or during his
sentence
$!erpetual
absolute
dis2ualification
$%ivil
(nterdiction or
during his
sentence
$!erpetual
absolute
dis2ualification
$#emporar"
absolute
dis2ualification
$!erpetual special
dis2ualification
from the right of
suffrage which the
offender suffers
although pardoned
"orrectional and 8ight Penalties
Prison Correctional Arresto &a"or Arresto &enor
ImprisonL
ment
/ months and 1 da" to /
"ears
1 month and 1 da"
to / months
1 da" to 3; da"s
#ccessory
Penalties
$3uspension from public
office
$3uspension from the right to
follow a profession or calling
$!erpetual special
dis2ualification on the right
of suffrage
$3uspension of right
to hold office
$3uspension of the
right of suffrage
during the term of
the sentence
$3uspension of right
to hold office
$3uspension of the
right of suffrage
during the term of
the sentence
.eclusion perpetua, despite its >de%ned duration? in ..0. H6CA 8 +7
years and one day to 37 years 8 is still to be classi%ed as an indivisible
penalty (People vs& 8ucas, (5( +"!# >5?), and should be imposed in its entire
duration in accordance with 0rt. 6, of the .evised $enal &de. (People vs&
Aagallano, (99 +"!# 5G>)
Art. 7F. "omputation of penalties& K )f the offen#er shall !e in prison.
the term of the #uration of the temporar" penalties shall !e compute# from
the #a" on which the :u#gment of conviction shall have !ecome final.
:3
:4
)f the offen#er !e not in prison. the term of the #uration of the
penalt" consisting of #eprivation of li!ert" shall !e compute# from the #a"
that the offen#er is place# at the #isposal of the :u#icial authorities for the
enforcement of the penalt". The #uration of the other penalties shall !e
compute# onl" from the #a" on which the #efen#ant commences to serve
his sentence.
3irector of 4risonsEwarden to compute based on Art "#+
a .hen the offender is in prison the duration of the temporar" penalties 4!A9,
#A9, detention, suspension5 is from the da" on which the &udgment of conviction
becomes final.
b .hen the offender is not in prison the duration of the penalt" in deprivation of
libert" is from the da" that the offender is placed at the disposal of &udicial
authorities for the enforcement of the penalt"
c The duration of the other penalties the duration is from the da" on which the
offender commences to serve his sentence
1eason for rule %a' / because under Art 24, the arrest and temporar" detention of
the accused is not considered a penalt"
if in custody, the accused appealed, the service of the sentence should commence
from the date of the promulgation of the decision of the appellate court, not from the
date of the &udgment of the trial court was promulgated.
service of one in prison begins onl" on the da" the &udgment of conviction becomes
final.
In cases if temporary penalties, if the offender is under detention, as when
undergoing preventive imprisonment, rule 4a5 applies.
If not under detention 4released on bail5 rule 4c5 applies
>ffender under preventive imprisonment, rule 4c5 applies not rule 4a5
#he offender is entitled to a deduction of full$time or 4?8 of the time of his detention.
Art. 75. Period of preventive imprisonment deducted from term of
imprisonment& K 0ffen#ers who have un#ergone preventive imprisonment
shall !e cre#ite# in the service of their sentence consisting of #eprivation
of li!ert". with the full time #uring which the" have un#ergone preventive
imprisonment. if the #etention prisoner agrees voluntaril" in writing to
a!i#e !" the same #isciplinar" rules impose# upon convicte# prisoners.
except in the following cases+
2. ,hen the" are reci#ivists or have !een convicte# previousl" twice
or more times of an" crime; an#
7. ,hen upon !eing summone# for the e%ecution of their sentence
the" have faile# to surren#er voluntaril".
)f the #etention prisoner #oes not agree to a!i#e !" the same
#isciplinar" rules impose# upon convicte# prisoners. he shall !e cre#ite#
in the service of his sentence with four8fifths of the time #uring which he
has un#ergone preventive imprisonment. (#s amended by !epublic #ct 9'(?,
<une '?, ':?G)&
,henever an accuse# has un#ergone preventive imprisonment for a
perio# e$ual to or more than the possi!le ma%imum imprisonment of the
offense charge# to which he ma" !e sentence# an# his case is not "et
:4
:8
terminate#. he shall !e release# imme#iatel" without pre:u#ice to the
continuation of the trial thereof or the procee#ing on appeal. if the same is
un#er review. )n case the ma%imum penalt" to which the accuse# ma" !e
sentence# is #estierro. he shall !e release# after thirt" (6G) #a"s of
preventive imprisonment. (#s amended by 6&;& Bo& ('J, <uly 'G, ':FF)
Accused undergoes preventive suspension if+
a offense is non$bailable
b bailable but canCt furnish bail
the full time or 4?8 of the time during which the offenders have undergone preventive
suspension shall be deducted from the penalt" imposed
preventive imprisonment must also be considered in perpetual penalties. Article does
not make an" distinction between temporal and perpetual penalties.
%redit is given in the service of sentences Gconsisting of deprivation of libert"H
4imprisonment and destierro5. #hus, persons who had undergone preventive
imprisonment but the offense is punishable by a fine only would not be given credit.
8estierro is considered a Gdeprivation of libert"H
(f the penalty imposed is arresto menor to destierro, the accused who has been in
prison for 3; da"s 4arresto menor $ 3; da"s5 should be released because although
the maximum penalt" is destierro 4/ mos 1 da" to / "rs5, the accused sentenced to
such penalt" does not serve it in prison.
&he follo(ing o)enders are not entitled to any deduction of
the time of preventive imprisonment"
). .ecidivists or those previously convicted for two or more times
of any crime.
+. Those who, upon being summoned for the eecution of their
sentence, failed to surrender voluntarily.
Habitual 8elin(uents not entitled to the full time or 4?8 credit of time under preventive
imprisonment since he is necessaril" a recidivist or has been convicted previousl"
twice or more times of an" crime.
0xample6 F who was arrested for serious ph"sical in&uries, detained for 1 "ear and
went out on bail but was later on found guilt". 0e was conse2uentl" summoned for
the execution of the sentence, but having failed to appear, F will not be credited in
the service of his sentence for serious ph"sical in&uries w? one "ear or 4?8 of one
"ear preventive imprisonment.
Art. 6G. 6ffects of the penalties of perpetual or temporary absolute
disqualification& K The penalties of perpetual or temporar" a!solute
#is$ualification for pu!lic office shall pro#uce the following effects:
2. The #eprivation of the pu!lic offices an# emplo"ments which the
offen#er ma" have hel# even if conferre# !" popular election.
7.The #eprivation of the right to vote in an" election for an" popular
office or to !e electe# to such office.
6. The #is$ualification for the offices or pu!lic emplo"ments an# for
the e%ercise of an" of the rights mentione#.
:8
:/
)n case of temporar" #is$ualification. such #is$ualification as is comprise#
in paragraphs 7 an# 6 of this article shall last #uring the term of the
sentence.
<. The loss of all rights to retirement pa" or other pension for an"
office formerl" hel#.
The exclusion is a mere dis(ualification for protection and not for punishment the
withholding of a privilege, not a denial of a right.
"erpetual absolute dis(ualification is effective during the lifetime of the convict and
even after the service of the sentence.
Temporary absolute dis(ualification is effective during the term of sentence and is
removed after the service of the same. 0xception* 415 deprivation of the public office
or emplo"ment1 425 loss of all rights to retirement pa" or other pension for an" office
formerl" held.
Effects of 4erpetual and temporary absolute dis.ualification+
a 9eprivation of an" public office or emplo"ment of offender
b 9eprivation of the right to vote in an" election or to be voted upon
c >oss of rights to retirement pa" or pension
d All these effects last during the lifetime of the convict and even after the service
of the sentence except as regards paragraphs 2 and 3 of the above in connection
with #emporar" Absolute 9is2ualification.
Art. 62. 6ffect of the penalties of perpetual or temporary special
disqualification& K The penalties of perpetual or temporal special
#is$ualification for pu!lic office. profession or calling shall pro#uce the
following effects:
2. The #eprivation of the office. emplo"ment. profession or calling
affecte#;
7. The #is$ualification for hol#ing similar offices or emplo"ments
either perpetuall" or #uring the term of the sentence accor#ing to the
e%tent of such #is$ualification.
Art. 67. 6ffect of the penalties of perpetual or temporary special
disqualification for the exercise of the right of suffrage& K The perpetual or
temporar" special #is$ualification for the e%ercise of the right of suffrage
shall #eprive the offen#er perpetuall" or #uring the term of the sentence.
accor#ing to the nature of sai# penalt". of the right to vote in an" popular
election for an" pu!lic office or to !e electe# to such office. &oreover. the
offen#er shall not !e permitte# to hol# an" pu!lic office #uring the perio#
of his #is$ualification.
#emporar" dis2ualification if imposed as an accessor" penalt", its duration is that of
the principal penalt"
Effects of 4erpetual and Temporary 1pecial 3is.ualification
a. 0or public office, profession, or calling
:/
:.
1. 9eprivation of the office, emplo"ment, profession or calling affected
2. 9is2ualification for holding similar offices or emplo"ment during the period of
dis2ualification

b& 0or the exercise of the right of suffrage
1. 9eprivation of the right to vote or to be elected in an office.
1. %annot hold an" public office during the period of dis2ualification.

Art. 66. 6ffects of the penalties of suspension from any public office,
profession or calling, or the right of suffrage. K The suspension from pu!lic
office. profession or calling. an# the e%ercise of the right of suffrage shall
#is$ualif" the offen#er from hol#ing such office or e%ercising such
profession or calling or right of suffrage #uring the term of the sentence.
The person suspen#e# from hol#ing pu!lic office shall not hol# another
having similar functions #uring the perio# of his suspension.
ffects:
a 9is2ualification from holding such office or the exercise of such profession or
right of suffrage during the term of the sentence.
b %annot hold another office having similar functions during the period of
suspension.
Art. 6<. "ivil interdiction. K Civil inter#iction shall #eprive the offen#er
#uring the time of his sentence of the rights of parental authorit". or
guar#ianship. either as to the person or propert" of an" war#. of marital
authorit". of the right to manage his propert" an# of the right to #ispose of
such propert" !" an" act or an" conve"ance inter vivos.
ffects:
a. 3eprivation of the following rights+
1. !arental rights
2. Euardianship over the ward
3. Martial authorit"
4. -ight to manage propert" and to dispose of the same b" acts inter vivos
b. *ivil Interdiction is an accessory penalty to the following principal penalties
1. (f death penalt" is commuted to life imprisonment
2. -eclusion perpetua
3. -eclusion temporal
0e can dispose of such propert" b" will or donation mortis causa
Art. 6=. 6ffects of bond to %eep the peace. K )t shall !e the #ut" of an"
person sentence# to give !on# to 3eep the peace. to present two sufficient
sureties who shall un#erta3e that such person will not commit the offense
sought to !e prevente#. an# that in case such offense !e committe# the"
will pa" the amount #etermine# !" the court in the :u#gment. or otherwise
to #eposit such amount in the office of the cler3 of the court to guarantee
sai# un#erta3ing.
The court shall #etermine. accor#ing to its #iscretion. the perio# of
#uration of the !on#.
'houl# the person sentence# fail to give the !on# as re$uire# he
shall !e #etaine# for a perio# which shall in no case e%cee# si% months. is
:.
:B
he shall have !een prosecute# for a grave or less grave felon". an# shall
not e%cee# thirt" #a"s. if for a light felon".
=ond to keep the peace is different from bail bond which is posted for the provisional
release of a person arrested for or accused of a crime. $ond to #eep the peace or for
good behavior is imposed as a penalt" in threats.
The legal effect of a failure to post a bond to #eep the peace is imprisonment either for
six months or 3; da"s, depending on whether the felon" committed is grave or less grave on one
hand, or it is light onl" on the other hand. The legal effect of failure to post a bond for good
behavior is not imprisonment but destierro under Article 2B4.
Art. 6A. Pardon4 its effect& K A par#on shall not wor3 the restoration of
the right to hol# pu!lic office. or the right of suffrage. unless such rights !e
e%pressl" restore# !" the terms of the par#on.
A par#on shall in no case e%empt the culprit from the pa"ment of the civil
in#emnit" impose# upon him !" the sentence.
"ardon by the "resident does not restore the right to public office or suffrage except
when both are expressl" restored in the pardon. )or does it exempt from civil
liabilit"?from pa"ment of civil indemnit".
?imitations to 4residentLs power to pardon+
a can be exercised onl" after final &udgment
b does not extend to cases of impeachment
c does not extinguish civil liabilit" onl" criminal liabilit"
General rule+!ardon granted in general terms does not include accessor" penalties.
Exceptions+
a. If the absolute pardon is granted after the term of imprisonment has expired, it
removes all that is left of the conse2uences of conviction. However, if the penalt"
is life imprisonment and after the service of 3; "ears, a pardon is granted, the
pardon does not remove the accessor" penalt" of absolute perpetual
dis2ualification
b. if the facts and circumstances of the case show that the purpose of the !resident
is to precisel" restore the rights i.e., granting absolute pardon after election to a
post 4ma"or5 but before the date fixed b" law for assuming office to enable him to
assume the position in deference to the popular will
!ardon must be accepted
$ardon is an act of grace, proceeding from the &hief 'ecutive, which
eempts the individual upon whom it is bestowed from the punishment which
the law inficts for the crime he has committed. It is a private, though o9cial,
act of the &hief 'ecutive delivered to the individual for whose bene%t it is
not intended. It is a deed, to the validity of which delivery is essential, and
delivery is not complete without acceptance. 2ntil delivery, all that may have
been done is a matter of intended favor, and the pardon may be cancelled to
accord with the change of intention. If cancelled before acceptance, it has no
efect.
E)ects of Pardon
There are two kinds of pardon that may be etended by the $resident.
The %rst one is known as conditional pardon. This pardon contemplates of
:B
::
a situation wherein the ofender is granted temporary liberty under certain
conditions. If he violates the conditions of this pardon, he commits a crime
known as evasion of service of sentence.
Then we have absolute pardon 8 when an absolute pardon is
granted, it releases the ofender from the punishment imposed by the court
on him, so that in the eyes of the law, the ofender is innocent as if he had
never committed the ofense. It removes the penalties and disabilities and
restores him to all his civil rights. It makes him a new man and gives him a
new credit and capacity.
$ardon relieves the ofender from the conse/uences of an ofense for
which he has been convicted, that it, it abolishes or forgives the punishment,
subject to eceptions mentioned in 0rt. ,6.
4ardon by the offended party 7 does not extinguish criminal liabilit", ma" include
offended part" waiving civil indemnit" and it is done before the institution of the
criminal prosecution and extended to both offenders.
Pardon by the "hief 6xecutive distinguished from pardon by the offended party/
1. !ardon b" the %hief 6xecutive extinguishes the criminal liabilit" of the offender1
such is not the case when the pardon is given b" the offended part".
+. $ardon by the &hief 'ecutive cannot include civil liability which the
ofender must pay* but the ofended party can waive the civil liability
which the ofender must pay.
,. In cases where the law allows pardon by the ofended party, the
pardon should be given before the institution of criminal prosecution
and must be etended to both ofenders. This is not true for pardon
etended by the &hief 'ecutive for the same may be etended to
ofenders whether the crime committed is public or private ofense.
Art. 6E. "ost& M $hat are included. K Costs shall inclu#e fees an#
in#emnities in the course of the :u#icial procee#ings. whether the" !e fi%e#
or unaltera!le amounts previousl" #etermine# !" law or regulations in
force. or amounts not su!:ect to sche#ule.
Costs include+
a. fees
b. indemnities in the course of &udicial proceedings
%osts 4expenses of the litigation5 are chargeable to the accused in case of
conviction.
In case of ac(uittal, the costs are de oficio, each part" bearing is own expense
)o costs allowed against the -epublic of the !hilippines until law provides the
contrar"
Art. 6F. Pecuniary liabilities& M ;rder of payment. K )n case the
propert" of the offen#er shoul# not !e sufficient for the pa"ment of all his
pecuniar" lia!ilities. the same shall !e met in the following or#er:
2. The reparation of the #amage cause#.
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1;;
7. )n#emnification of conse$uential #amages.
6. The fine.
<. The cost of the procee#ings.
!ecuniary liability as contemplated under 0rt. ,B includes both civil
liabilities and pecuniary penalties e-cept the civil liability of restitution
because this is an eclusive liability.
Civil liability consists of reparation and indemni%cation while pecuniary
penalty consists of %ne imposed by the court.
It is worth noting, as will further be discussed under 0rt. BA, that the death
of the ofender before %nal judgment etinguishes the pecuniary penalty but
not the civil liability included in his pecuniary liabilities.
pplicable 2in case property of the offender should not be sufficient for the payment
of all his pecuniary liabilities.H 0ence, if the offender has insufficient or no propert",
there is no use for Art 3B.
;rder of payment is mandatory
0xample6 Iuan inflicted serious ph"sical in&uries against !edro and took the latterCs
watch and ring. 0e incurred 8;; worth of hospital bills and failed to earn 3;; worth of
salar". Eiven that Iuan onl" has 1;;; pesos worth of propert" not exempt from
execution, it shall be first applied to the pa"ment of the watch and ring which cannot
be returned as such is covered b" Greparation of the damage causedH thus, no. 1 in
the order of pa"ment. #he 8;; and 3;; are covered b" Gindemnification of the
conse2uential damageH thus, no. 2 in the order of pa"ment.
Art. 65. +ubsidiary penalty. K )f the convict has no propert" with which
to meet the fine mentione# in the paragraph 6 of the ne%t prece#ing article.
he shall !e su!:ect to a su!si#iar" personal lia!ilit" at the rate of one #a"
for each eight pesos. su!:ect to the following rules:
2. )f the principal penalt" impose# !e prision correccional or arresto
an# fine. he shall remain un#er confinement until his fine referre# to in the
prece#ing paragraph is satisfie#. !ut his su!si#iar" imprisonment shall not
e%cee# one8thir# of the term of the sentence. an# in no case shall it
continue for more than one "ear. an# no fraction or part of a #a" shall !e
counte# against the prisoner.
7. ,hen the principal penalt" impose# !e onl" a fine. the su!si#iar"
imprisonment shall not e%cee# si% months. if the culprit shall have !een
prosecute# for a grave or less grave felon". an# shall not e%cee# fifteen
#a"s. if for a light felon".
6. ,hen the principal impose# is higher than prision correccional. no
su!si#iar" imprisonment shall !e impose# upon the culprit.
<. )f the principal penalt" impose# is not to !e e%ecute# !"
confinement in a penal institution. !ut such penalt" is of fi%e# #uration. the
convict. #uring the perio# of time esta!lishe# in the prece#ing rules. shall
continue to suffer the same #eprivations as those of which the principal
penalt" consists.
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1;1
=. The su!si#iar" personal lia!ilit" which the convict ma" have
suffere# !" reason of his insolvenc" shall not relieve him. from the fine in
case his financial circumstances shoul# improve. (#s amended by !# >J9>,
#pril (', ':9:&)
#here is no subsidiar" penalt" for non$pa"ment of reparation, indemnification and
costs in par 1, 2 and 4 of Art 3B. (t is onl" for fines.
Article 3: deals with subsidiar" penalt". There are two situations there6
%&' 'hen there is a principal penalt" of imprisonment or an" other principal penalt" and it
carries with it a fine1 and
%)' 'hen penalt" is onl" a fine.
Therefore, there shall be no subsidiary penalty for the non=payment of damages to the offended
party.
Art 3: applies onl" when the convict has no propert" with which to meet the fine in
par 3 of art 3B. #hus, a convict who has propert" enough to meet the fine and not
exempted from execution cannot choose to serve the subsidiar" penalt" instead of
the pa"ment of the fine.
In 4eople v. 1ubido it was held that the convict cannot choose not to serve, or not to pay the
fine and instead serve the subsidiary penalty. A subsidiar" penalt" will onl" be served if the
sheriff should return the execution for the fine on the propert" of the convict and he does not have
the properties to satisf" the writ.
,ubsidiary imprisonment is not an accessory penalty. (t is covered b" Art 4;$48 of
this %ode. Accessor" penalties are deemed imposed even when not mentioned while
subsidiar" imprisonment must be expressl" imposed.

subsidiary penalty is not an accessory penalty. 3ince it is not an accessor" penalt", it must be
expressly stated in the sentence, but the sentence does not specif" the period of subsidiar"
penalt" because it will onl" be known if the convict cannot pa" the fine. #he sentence will merel"
provide that in case of non$pa"ment of the fine, the convict shall be re2uired to save subsidiar"
penalt". (t will then be the prison authorit" who will compute this. If the judgment is silent, he
cannot suffer any subsidiary penalty.
Rules:
4E/A?TC I'4!1E3 ?E/GT5 !9 1:B1I3IA*C 4E/A?TC
Prision correccional or arresto and fine )ot exceed 1?3 of term of sentence, in no case
more than 1 "ear fraction or part of a da" not
counted.
0ine only )ot to exceed / months if prosecuted for grave
or less grave felon", not to exceed 18 da"s if
prosecuted for light felon"
@igher than prision correccional )o subsidiar" imprisonment
Bot to be executed by confinement but of
fixed duration
3ame deprivations as those of the principal
penalt" under rules 1, 2 and 3 above
Khen is subsidiary penalty applied
%&' (f the subsidiar" penalt" prescribed for the non$pa"ment of fine which goes with the
principal penalt", the maximum duration of the subsidiary penalty is one year, so there is
no subsidiary penalty that goes beyond one year. =ut this will onl" be true if the one "ear
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1;2
period is higher than 1?3 of the principal penalt", the convict cannot be made to undergo
subsidiar" penalt" more than 1?3 of the duration of the principal penalt" and in no case
will it be more than 1 "ear $ get 1?3 of the principal penalt" $ whichever is lower.
%)' If the subsidiary penalty is to be imposed for non payment of fine and the principal
penalty imposed be fine only, which is a single penalt", that means it does not go with
another principal penalt", the most that the convict will be re2uired to undergo subsidiar"
imprisonment is six months, if the felon" committed is grave or less grave, otherwise, if
the felon" committed is slight, the maximum duration of the subsidiar" penalt" is onl" 18
da"s.
8o not consider the totality of the imprisonment the convict is sentenced to but consider the
totality or the duration of the imprisonment that the convict will be re(uired to serve under the
Three=Fold 1ule. (f the totalit" of the imprisonment under this rule does not exceed six "ears,
then, even if the totalit" of all the sentences without appl"ing the #hree$7old -ule will go be"ond
six "ears, the convict shall be re2uired to undergo subsidiar" penalt" if he could not pa" the fine.
(f financial circumstances improve, convict still to pa" the fine even if he has suffered
subsidiar" personal liabilit".
the penalt" imposed must be !%, AM, Am, suspension, destierro and fine onl".
other than these 4!M, -#, -!5 court cannot impose subsidiar" penalt".
6ven if the penalt" imposed is not higher than !%, if the accused is a habitual
delin2uent who deserves an additional penalt" of 12 "rs and 1 da" of -#, there is no
subsidiar" imprisonment.
;ubsidiary imprisonment can be applied to the %ne imposed for violation
of special penal laws. This is authori"ed by 0rt. )H,+ and by 0rt. )7 which
makes the .evised $enal &ode applicable to special laws.
Art. <G. -eath M Its accessory penalties& K The #eath penalt". when it is
not e%ecute# !" reason of commutation or par#on shall carr" with it that of
perpetual a!solute #is$ualification an# that of civil inter#iction #uring
thirt" "ears following the #ate sentence. unless such accessor" penalties
have !een e%pressl" remitte# in the par#on.
Art. <2. !eclusion perpetua and reclusion temporal& M )heir accessory
penalties& K The penalties of reclusion perpetua an# reclusion temporal
shall carr" with them that of civil inter#iction for life or #uring the perio# of
the sentence as the case ma" !e. an# that of perpetual a!solute
#is$ualification which the offen#er shall suffer even though par#one# as to
the principal penalt". unless the same shall have !een e%pressl" remitte#
in the par#on.
Art. <7. Prision mayor M Its accessory penalties. K The penalt" of
prision ma"or. shall carr" with it that of temporar" a!solute #is$ualification
an# that of perpetual special #is$ualification from the right of suffrage
which the offen#er shall suffer although par#one# as to the principal
penalt". unless the same shall have !een e%pressl" remitte# in the par#on.
Art. <6. Prision correccional M Its accessory penalties. K The penalt" of
prision correccional shall carr" with it that of suspension from pu!lic
office. from the right to follow a profession or calling. an# that of perpetual
special #is$ualification from the right of suffrage. if the #uration of sai#
imprisonment shall e%cee# eighteen months. The offen#er shall suffer the
1;2
1;3
#is$ualification provi#e# in the article although par#one# as to the
principal penalt". unless the same shall have !een e%pressl" remitte# in
the par#on.
Art. <<. #rresto M Its accessory penalties. K The penalt" of arresto shall
carr" with it that of suspension of the right too hol# office an# the right of
suffrage #uring the term of the sentence.
0utline of accessor" penalties inherent in principal penalties
a. death if not executed because of commutation or pardon
1. perpetual absolute dis2ualification
2. civil interdiction during 3; "ears 4if not expressl" remitted in the pardon5
b. *4 and *T
1. civil interdiction for life or during the sentence
2. perpetual absolute dis2ualification 4unless expressl" remitted in the pardon5
c. 4'
1. temporar" absolute dis2ualification
2. perpetual absolute dis2ualification from suffrage 4unless expressl" remitted in
the pardon5
d. 4C
1. suspension from public office, profession or calling
2. perpetual special dis2ualification from suffrage if the duration of the
imprisonment exceeds 1B months 4unless expressl" remitted in the pardon5
#he accessor" penalties in Art 4;$44 must be suffered b" the offender, although
pardoned as to the principal penalties. To be relieved of these penalties, the" must
be expressl" remitted in the pardon.
)o accessor" penalt" for destierro
!ersons who served out the penalt" ma" not have the right to exercise the right of
suffrage. For a prisoner who has been sentenced to one year of imprisonment or
more for any crime, absolute pardon restores to him his political rights. If the penalty
is less than one year, dis2ualification does not attach except if the crime done was
against propert".
#he nature of the crime is immaterial when the penalt" imposed is one "ear
imprisonment or more.
#he accessory penalties are understood to be always imposed upon the offender b"
the mere fact that the law fixes a certain penalt" for the crime. 'henever the courts
impose a penalt" which b" provision of law, carries with it other penalties, itCs
understood that the accessor" penalties are also imposed.
the accessory penalties do not affect the jurisdiction of the court in which the
information is filed because the" donCt modif" or alter the nature of the penalt"
provided b" law. .hat determines jurisdiction in criminal cases is the extent of the
principal penalty wJc the law imposes of the crime charged.
the +T* has exclusive jurisdiction over offenses punishable with imprisonment of not
exceeding 4 "ears and 2 months or a fine of not more than 4;;; or both regardless
of other imposable accessor" or other penalties.
Art. <=. "onfiscation and forfeiture of the proceeds or instruments of the
crime& K ver" penalt" impose# for the commission of a felon" shall carr"
1;3
1;4
with it the forfeiture of the procee#s of the crime an# the instruments or
tools with which it was committe#.
'uch procee#s an# instruments or tools shall !e confiscate# an#
forfeite# in favor of the Government. unless the" !e propert" of a thir#
person not lia!le for the offense. !ut those articles which are not su!:ect of
lawful commerce shall !e #estro"e#.
ever" penalt" imposed carries with it the forfeiture of the proceeds of the crime and
the instruments or tools used in the commission of the crime
proceeds and instruments?tools of the crime are confiscated in favor of the
government
3
rd
personsC 4not liable for the offense5 propert" is not sub&ect to confiscation and
forfeiture
propert" not sub&ect of lawful commerce 4whether it belongs to accused or 3
rd
person5 shall be destro"ed.
canCt confiscate?forfeit unless thereCs a criminal case filed and tried, and accused is
ac2uitted.
must indict 3
rd
person to order confiscation of his propert"
instruments of the crime belonging to innocent 3
rd
person ma" be recovered
confiscation can be ordered onl" if the propert" is submitted in evidence or placed at
the disposal of the court
articles which are forfeited $ when the order of forfeiture is alread" final, canCt be
returned even in case of an ac2uittal
confiscation and forfeiture are additional penalties. 'here the penalt" imposed did
not include the confiscation of the goods involved, the confiscation K forfeiture of
said goods would be an additional penalt" and would amount to an increase of the
penalt" alread" imposed, thereb" placing the accused in double &eopard".
when the accused has appealed, confiscation and forfeiture not ordered b" the trial
court ma" be imposed b" the appellate court
the government canCt appeal the modification of a sentence if the defendant did not
appeal. =ut if the defendant appeals, it removes all bars to the review and correction
of the penalt" imposed b" the court below, even if an increase thereof should be the
result.
Art. <A. Penalty to be imposed upon principals in general. K The penalt"
prescri!e# !" law for the commission of a felon" shall !e impose# upon
the principals in the commission of such felon".
,henever the law prescri!es a penalt" for a felon" in general terms.
it shall !e un#erstoo# as applica!le to the consummate# felon".
General rule+ #he penalt" prescribed b" law in general terms shall be imposed*
a upon the principals
b for consummated felon"
Exception+ when the law fixes a penalt" for the frustrated or attempted felon".
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1;8
'henever it is believed that the penalt" lower b" one or two degrees corresponding to
said acts of execution is not proportionate to the wrong done, the law fixes a distinct
penalt" for the principal in the frustrated or attempted felon".
The graduation of penalties refers to+
a stages of execution 4consummated, frustrated, attempted5
b degree of the criminal participation of the offender 4principal, accomplice,
accessor"5
the division of a divisible penalt" 4min, med, max5 refers to the proper period of the
penalt" which should be imposed when aggravating or mitigating circumstances
attend the commission of the crime.
Art. <E. In what cases the death penalty shall not be imposed4 #utomatic
review of death penalty cases& The #eath penalt" shall !e impose# in all
cases in which it must !e impose# un#er e%isting laws. except when the
guilt" person is !elow eighteen (2F) "ears of age at the time of the
commission of the crime or is more than sevent" (EG) "ears of age or when
upon appeal or automatic review of the case !" the 'upreme Court. the
re$uire# ma:orit" vote is not o!taine# for the imposition of the #eath
penalt". in which cases the penalt" shall !e reclusion perpetua.
)n all cases where the #eath penalt" is impose# !" the trial court. the
recor#s shall !e forwar#e# to the 'upreme Court for automatic review an#
:u#gment !" the court en banc within twent" (7G) #a"s !ut not earlier than
fifteen (2=) #a"s after promulgation of the :u#gment or notice of #enial of
an" motion for new trial or consi#eration. The transcript shall also !e
forwar#e# within ten (2G) #a"s after the filing thereof !" the stenographic
reporter. (#s amended by +ec& ((, !# ?9>:)&
whenever the &udgment of the lower court imposes the death penalt", the case shall
be determined b" 1; &ustices of the court. .hen &? justices fail to reach a decision
4as to the propriet" of the imposition of the death penalt"5, the penalty next lower in
degree than the death penalty shall be imposed.
3eath penalty not imposed in the ff cases+
a5 when the person is more than .; "ears old at time -#% sentenced him
b5 when upon appeal or revision of the case b" the 3%, 1; &ustices are not
unanimous in their voting
c5 when the offender is a minor under 1B "rs of age. 'h"@ =ecause minorit" is
alwa"s a mitigating circumstance
d5 while a woman is pregnant and within one "ear after deliver"
<ustification for the death penalty/ social defense and exemplarit". )ot considered
cruel and unusual because does not involve torture or lingering death.
Crimes where death penalty is imposed+
a5 treason
b5 certain acts of espionage under %ommonwealth Act /1/
c5 correspondence w? hostile countr" when it contains notice or information and the
intention of the offender is to aid the enem"
d5 2ualified pirac"
e5 certain violations of the Anti$subversion act
f5 parricide
1;8
1;/
g5 murder
h5 kidnapping and serious illegal detention
i5 robber" w? homicide
&5 rape w? homicide
k5 when death resulted from the commission of arson or other crime involving
destruction
trial court must re(uire the prosecution to present evidence, despite plea of guilty,
when the crime charged is punished by death. A sentence of death is valid onl" if it is
susceptible of a fair and reasonable examination b" the court. #his is impossible if no
evidence of guilt was taken after a plea of guilt".
Art. <F. Penalty for complex crimes. K ,hen a single act constitutes
two or more grave or less grave felonies. or when an offense is a necessar"
means for committing the other. the penalt" for the most serious crime
shall !e impose#. the same to !e applie# in its ma%imum perio#.
)he ( or more grave or less grave felonies must be the result of a single act, or an offense
must be a necessary means to commit the crime&
Comple% crime one crime onl" as there is onl" one criminal intent onl" one
information need be filed
7 3in#s of comple% crimes:
a5 compound crime single act constitutes 2 or more grave or less grave felonies
*e.uisites+
') that only one single act is committed by the offender
() that the single act produces
a) ( or more grave felonies
b) one or more grave and one or more less grave felonies
c) ( or more less grave felonies
b5 complex crime proper when an offense is a necessar" means for committing
another
*e.uisites+
') that at least ( offenses are committed
() that one or some of the offenses must be necessary to commit the other
5) that both or all the offenses must be punished under the same statute
/o single act in the following cases+
a5 'hen 2 persons are killed one after the other, b" different acts, although these 2
killings were the result of a single criminal impulse, the different acts must be
considered as distinct crimes.
b5 'hen the acts are wholl" different, not onl" in themselves, but also because the"
are directed against 2 different persons, as when one fires his gun twice in
succession, killing one and in&uring the other.
.hen an offender performed more than one act, although similar, if they result in separate
crimes, there is no complex crime at all, instead, the offender shall be prosecuted for as man"
crimes as are committed under separate information.
.hen the single act brings about two or more crimes, the offender is punished with onl" one
penalt", although in the maximum period, because he acted onl" with single criminal impulse. if
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1;.
there is only one criminal impulse which brought about the commission of the crime, the offender
should be penali!ed only once. (n this case it is not the singleness of the act but the singleness of
the impulse that has been considered
?ight felonies produced b" the same act should be treated and punished as
separate offenses or ma" be absorbed b" the grave felon".
0xamples6
a5 several light felonies resulting from one single act not complex
Iuan hit !edroCs car, resulting in several light in&uries and light felon" of damage
to propert". )o complex crime because the crime of slight ph"sical in&uries and
damage to propert" are light felonies. #here are as man" crimes as there are
persons in&ured w? light ph"sical in&uries and as man" penalties as there are light
felonies committed, even though the" are produced b" a single act of the
offender.
b5 when the crime is committed b" force or violence, slight ph"sical in&uries are
absorbed.
Examples of complex crimes+
a' Iuan was a baranga" captain who was killed while discharging his dut", the crime
is a complex crime of homicide wJ assault upon a person of authority.
b' Iuan raped !etra, causing her ph"sical in&uries w?c re2uired a monthCs worth of
medical attention. #his is a complex crime of rape wJ less serious physical
injuries. #he in&uries were necessar" to the commission of the rape.
when in obedience to an order, several accused simultaneousl" shot man" persons,
without evidence how man" each killed, there is onl" a single offense, there being a
single criminal impulse.
')ect of conspiracy in the commission of a comple- crime. #hen a
conspiracy animates several persons in the attainment of a single purpose,
and in the process, several persons perform various acts in the attainment of
said purpose, their individual acts are treated as a single act. The felonious
agreement produces a sole and solidary liability.
when various acts are executed for the attainment of a single purpose wJc
constitutes an offense, such acts must be considered only as one offense.
0xample6 Iuan falsified 1;; warehouse receipts from April to Iune which enabled
him to swindle the bank of 1;; million. #hereCs onl" one complex crime of estafa
through multiple falsification of documents.
#here is no complex crime of arson w? homicide
rt B@ is applicable to crimes through negligence
6xample* Iuan lit a cigarette as he poured gas in the tank of his car in his garage.
#he gas caught fire and the house burned. 0is sister died and the maid suffered
serious ph"sical in&uries. #he crimes of arson, homicide, serious ph"sical in&uries and
damage to propert" constitute a complex crime. #here is onl" one penalt" but there
are 3 civil liabilities.
rticle B@ also applies in cases when out of a single act of negligence or imprudence, two or
more grave or less grave felonies resulted, although only the first part thereof %compound crime5.
#he second part of Article 4B does not appl", referring to the complex crime proper because this
applies or refers onl" to a deliberate commission of one offense to commit another offense.
)o complex crime when one of the offenses is penali+ed b" a special law
1;.
1;B
0rticle 3B is not applicable when the crimes committed are made
punishable by diferent laws.
@ala prohibita and mala in se cannot be grouped together to form a
comple crime under 0rticle 3B
0xample of complex crime proper 4at least 2 crimes must be committed5*
Pidnapping the victim to murder him in a secluded place ransom wasnCt paid so
victim was killed. Pidnapping was a necessar" means to commit murder. =ut where
the victim was taken from his home for the sole purpose of killing him and not for
detaining him illegall" or for the purpose of ransom, the crime is simple murder.
2Necessary means3 does not mean 2indispensable means3. (ndispensable would
mean it is an element of the crime. #he crime can be committed b" another mean.
#he means actuall" emplo"ed 4another crime5 was merel" to facilitate and insure the
consummation of the crime.
2Necessary3 should not be understood as indispensable, otherwise, it shall be considered
absorbed and not giving rise to a complex crime.
.hen in the definition of a felony, one offense is a means to commit the other, there
is no complex crime.
0x. Murder committed b" means of fire. Murder can be 2ualified b" the circumstance
of fire so no complex crime even if Art 321 and 324 punishes arson. (tCs plain and
simple murder.
There is no disagreement that when a crime is committed because it is
necessary to commit another crime, it is a comple crime and 0rticle 3B is
made applicable. Dowever, the crime committed is an element of the other
crime, then it is not considered a separate crime but is absorbed by the other
crime.
)ot complex crime when trespass to dwelling is a direct means to commit a grave
offense. >ike rape, there is no complex crime of trespass to dwelling with rape.
#respass will be considered as aggravating 4unlawful entr" or breaking part of a
dwelling5
No complex crime when one offense is committed to conceal another
0xample6 Iuan set the school on fire after committing homicide. 2 crimes.
'hen the offender had in his possession the funds w?c he misappropriated, the
falsification of a public or official document involving said funds is a separate offense.
=ut when the offender had to falsif" a public or official document to obtain
possession of the funds w?c he misappropriated, the falsification is a necessar"
means to commit the malversation.
#here is no complex crime of rebellion with murder, arson, robber" or other common
crimes. #he" are mere ingredients of the crime of rebellion absorbed alread".
#hen the crime of murder, arson and robbery are committed in the
furtherance of the crime of rebellion, it is not a comple crime of rebellion
with murder, arson and robbery. The crime committed is simple rebellion. The
crimes of murder, arson and robbery are treated as elements of rebellion.
Kote however, that in order that said crimes may be absorbed, it is necessary
that the same were done in furtherance of the crime of rebellion. (Pp vs&
7eronimo)
.hen ) crimes produced by a single act are respectively within the exclusive
jurisdiction of ) courts of different jurisdiction, the court of higher jurisdiction shall try
the complex crime.
1;B
1;:
0xample6 Although the forcible abduction which was supposedl" commenced in
Manila was not proven, and although the rape which was proven was actuall"
committed in %avite, still the -#% of Manila had &urisdiction to convict the accused of
rape. #he complex crime of forcible abduction with rape was charged in the
complaint on the basis of which the case was tried.
In criminal procedure, it is prohibited to charge more than one offense in an information, except
when the crimes in one information constitute a complex crime or a special complex crime.
3o whenever the 3upreme %ourt concludes that the criminal should be punished onl" once,
because the" acted in conspirac" or under the same criminal impulse, it is necessar" to embod"
these crimes under one single information. (t is necessar" to consider them as complex crimes
even if the essence of the crime does not fit the definition of Art 4B, because there is no other
provision in the -!%.
Art. 4B is intended to favor the culprit.
The penalty for complex crime is the penalty for the most serious crime, the same to
be applied in its maximum period. (f the different crimes resulting from one single act
are punished with the same penalt", the penalt" for an" one of them shall be
imposed, the same to be applied in the maximum period. #he same rule shall be
observed when an offense is a necessar" means to commit the other.
If by complexing the crime, the penalty would turn out to be higher, do not complex anymore.
0xample6 Murder and theft 4killed with treacher", then stole the right5.
"enalty6 If complex / -eclusion temporal maximum to death.
If treated individually / -eclusion temporal to -eclusion !erpetua.
*omplex crime is not just a matter of penalty, but of substance under the 1evised "enal *ode.
complex crime of the second form may be committed by two persons.
$ut when one of the offenses, as a means to commit the other, was committed by
one of the accused by rec#less imprudence, the accused who committed the crime
by rec#less imprudence is liable for his acts only.
0xample6 Iuan cooperated in the commission of the complex offense of estafa
through falsification b" reckless imprudence b" acts without which it could not have
been accomplished, and this being a fact, there would be no reason to exculpate him
from liabilit". 6ven assuming he had no intention to defraud #omas if his co$
defendants succeeded in attaining the purpose sought b" the culprits, IuanCs
participation together w? the participation of his co$defendants in the commission of
the offense completed all the elements necessar" for the perpetration of the complex
crime of estafa through falsification of documents.
'hen two felonies constituting a complex crime are punishable b" imprisonment and
fine, respectivel", onl" the penalt" of imprisonment shall be imposed.
'hen a single act constitutes two grave or less grave or one grave and another less
grave, and the penalt" for one is imprisonment while that for the other is fine, the
severit" of the penalt" for the more serious crime should not be &udged b" the
classification of each of the penalties involved, but b" the nature of the penalties.
0xample6 6ven if the fine for damage to propert" through reckless imprudence is
!4;,;;;, an afflictive penalt", and the penalt" for the ph"sical in&uries resulting from
the same act is onl" 4 mos of arresto ma"or, a correccional penalt" ma" be imposed.
(n the order of severit" of the penalties, arresto ma"or and arresto menor are
considered more severe than destierro and arresto menor is higher in degree than
destierro.
1;:
11;
7ine is not included in the list of penalties in the order of severit" and it is the last in
the order.
rt B@ applies only to cases where the *ode doesn5t provide a specific penalty for a
complex crime.
rt B@ doesn5t apply when the law provides one single penalty for single complex
crimes li#e the ff6 ,composite crimes-
a5 robber" w? homicide
b5 robber" w? rape
c5 kidnapping w? serious ph"sical in&uries
d5 rape w? homicide
composite crime is one in which substance is made up of more than one crime, but which in
the eyes of the law is only a single indivisible offense. This is also #nown as special complex
crime.
'hen a complex crime is charged and one offense is not proven, the accused can
be convicted of the other.
4lurality of crimes consists in the successive execution b" the same individual of
different criminal acts upon an" of w?c no conviction has "et been declared.
Dinds of plurality of crimes+
a5 formal or ideal onl" one criminal liabilit"
b5 real or material there are different crimes in law as well as in the conscience of
the offender, in such cases, the offender shall be punished for each and ever"
offense that he committed.
6xample* Iuan stabbed !edro, then Iuan stabbed #omas too. #here are 2
committed as 2 acts were performed.
#hen the plurality of crimes is covered by a speci%c provision of law and
declares that such aggrupation is but a single crime and provides a speci%c
penalty for its commission, 0rt. 3B should not be made to apply. #hen there
is no law that covers the combination of the crimes committed, then 0rt. 3B
will apply.
PL/RAL)TH 0> CR)&' RC)-)B)'&
)o conviction of the crimes committed #here must be conviction b" final &udgment of
the first prior offense
9ormalEideal plural crimes are divided into & groups* %a person committing
multiple crimes is punished wJ one penalty in the ff cases'
a5 when the offender commits an" of the complex crimes defined in art 4B
b5 when the law specificall" fixes a single penalt" for 2 or more offenses committed*
robber" w? homicide, kidnapping w? serious ph"sical in&uires
c5 when the offender commits continued crimes
Continue# crimes refers to a single crime consisting of a series of acts but all
arising from one criminal resolution. Although there is a series of acts, there is onl"
one crime committed, so onl" one penalt" shall be imposed.
<continued crime= is one where the offender performs a series of acts violating one and the
same penal provision committed at the same place and about the same time for the same
criminal purpose, regardless of a series of acts done, it is regarded in law as one.
#hen the actor, there being unity of purpose and of right violated,
commits diverse acts, each of which, although of a delictual character,
merely constitutes a partial delict, such occurrence of delictual acts is called
3delicto continuado4.? (7amboa vs& "ourt of #ppeals, 9F +"!# 5'J)
11;
111
Examples of continued crimes+
a5 a collector of a commercial firm misappropriates for his personal use several
amounts collected b" him from different persons. #here is onl" one crime
because the different and successive appropriations are but the different
moments during which one criminal resolution arises.
b5 Iuan stole 2 books belonging to 2 different persons. 0e commits onl" one crime
because there is unit" of thought in the criminal purpose of the offender.
continued crime is not a complex crime as offender does not perform a single act
but a series of acts. Therefore*
a5 penalt" not to be imposed in the maximum
b5 no actual provision punishing a continued crime itCs a principle applied in
connection w? 2 or more crimes committed w? a single intention.
*ontinued crime is different from a transitory crime. Transitory crime is Gmoving
crimeH.
6xample* kidnapping someone for ransom and moving him to another venue. #he
offenders can be prosecuted and tried in either of the 2 areas.
RALJ&ATR)AL PL/RAL)TH C0+T)+/- CR)&
#here is a series of acts performed b" the
offender
3ame
6ach act performed constitutes a separate
crime because each act is generated b" a
criminal impulse
9ifferent acts constitute onl" one crime
because all of the acts performed arise from
one criminal resolution.
In the theft cases, the trend is to follow the single larceny doctrine, that is taking of several
things, whether belonging to the same or different owners, at the same time and place,
constitutes one larcen" onl".
*efamation cases
0 libelous publication afecting more than one person constitutes as
many crimes as there are ofended parties. The crime is not comple even
though there was only one act of publication.
#here the defamatory statement was uttered only once on a single
occasion against a group of persons not mentioned individually, the act
constitutes only one ofense.
Art. <5. Penalty to be imposed upon the principals when the crime
committed is different from that intended& K )n cases in which the felon"
committe# is #ifferent from that which the offen#er inten#e# to commit. the
following rules shall !e o!serve#:
2. )f the penalt" prescri!e# for the felon" committe# !e higher than that
correspon#ing to the offense which the accuse# inten#e# to commit. the
penalt" correspon#ing to the latter shall !e impose# in its ma%imum
perio#.
7. )f the penalt" prescri!e# for the felon" committe# !e lower than that
correspon#ing to the one which the accuse# inten#e# to commit. the
penalt" for the former shall !e impose# in its ma%imum perio#.
6. The rule esta!lishe# !" the ne%t prece#ing paragraph shall not !e
applica!le if the acts committe# !" the guilt" person shall also constitute
an attempt or frustration of another crime. if the law prescri!es a higher
111
112
penalt" for either of the latter offenses. in which case the penalt" provi#e#
for the attempte# or the frustrate# crime shall !e impose# in its ma%imum
perio#.
Art 4: has reference to the provision in the 1
st
par of Art 4 which provides that
criminal liabilit" shall be incurred Gb" an" person committing a felon" although the
wrongful act done be different from that which he intendedH
rt BA applicable only in cases when there is a mista#e in identity of the victim of the
crime and the penalty for the crime committed is different from that for the crime
intended to be committed.
Art 4: also has no application where a more serious conse2uence not intended b"
the offender befalls the same person.
0xample6 Iuan onl" wanted to inflict a wound upon !edro but because he lost control
of his right arm, he killed !edro. Art 4: not applicable.
ART <5 ART <F
>esser penalt" to be imposed in its maximum
pd
!enalt" for the more serious crime shall be
imposed in its maximum pd
/otes+
2. Art. 4: has reference to Art. 4415. (t applies onl" when there is error in personae.
7. (n Art. 4: 4!aragraphs 1 and 25 the lower penalt" in its maximum period is alwa"s
imposed.
6. (n !ar. 3 the penalt" for the attempted or frustrated crime shall be imposed in its
maximum period. #his rule is not necessar" and ma" well be covered b" Art. 4B, in
view of the fact that the same act also constitutes an attempt or a frustration of
another crime.
Art. =G. Penalty to be imposed upon principals of a frustrated crime& K
The penalt" ne%t lower in #egree than that prescri!e# !" law for the
consummate# felon" shall !e impose# upon the principal in a frustrate#
felon".
Art. =2. Penalty to be imposed upon principals of attempted crimes. K A
penalt" lower !" two #egrees than that prescri!e# !" law for the
consummate# felon" shall !e impose# upon the principals in an attempt to
commit a felon".
Art. =7. Penalty to be imposed upon accomplices in consummated crime&
K The penalt" ne%t lower in #egree than that prescri!e# !" law for the
consummate# crime shall !e impose# upon the accomplices in the
commission of a consummate# felon".
Art. =6. Penalty to be imposed upon accessories to the commission of a
consummated felony& K The penalt" lower !" two #egrees than that
prescri!e# !" law for the consummate# felon" shall !e impose# upon the
accessories to the commission of a consummate# felon".
Art. =<. Penalty to be imposed upon accomplices in a frustrated crime. K
The penalt" ne%t lower in #egree than prescri!e# !" law for the frustrate#
felon" shall !e impose# upon the accomplices in the commission of a
frustrate# felon".
Art. ==. Penalty to be imposed upon accessories of a frustrated crime& K
112
113
The penalt" lower !" two #egrees than that prescri!e# !" law for the
frustrate# felon" shall !e impose# upon the accessories to the commission
of a frustrate# felon".
Art. =A. Penalty to be imposed upon accomplices in an attempted crime& K
The penalt" ne%t lower in #egree than that prescri!e# !" law for an attempt
to commit a felon" shall !e impose# upon the accomplices in an attempt to
commit the felon".
Art. =E. Penalty to be imposed upon accessories of an attempted crime& K
The penalt" lower !" two #egrees than that prescri!e# !" law for the
attempte# felon" shall !e impose# upon the accessories to the attempt to
commit a felon".
Application of Article =G to =E
4articipation "onsummated 0rustrated #ttempted
Principal !enalt" imposed b" law 1 less 2 less
#ccomplice 1 less 2 less 3 less
#ccessory 2 less 3 less 4 less
/otes+
rt F?=FC not applicable when the law specifically prescribes the penalty for the
frustrated and attempted felony or that to be imposed upon the accomplices and
accessories.
3egree one whole penalt", one entire penalt" or one unit of the penalties
enumerated in the graduated scales provided for in Art .1
4eriod one of 3 e2ual portions, min?med?max of a divisible penalt". A period of a
divisible penalt" when prescribed b" the %ode as a penalt" for a felon", is in itself a
degree.
8istinctions between 8egree and "eriod
-egree Perio#
-efers to the penalt" imposable for a felon"
committed considering the stages of execution
and the degree of participation of the offender
-efers to the duration of the penalt" consisting
of the maximum, medium, and minimum, after
considering the presence or absence of
aggravating ? mitigating circumstances
Ma" refer to both divisible and indivisible
penalties
-efers onl" to divisible penalties
#he rules provided in Arts. 83, 88 and 8. do not appl" if the felon" is light because
accessories are not liable for the same
Bases for imposition of the penalty under the *4C
a. 3tage of the commission of the crime
1. !articipation of the persons liable
2. !resence of aggravating or mitigating circumstances
In making any reduction by one or more degrees, the basis used in the
penalty already prescribed, not as already reduced.
Art. =F. #dditional penalty to be imposed upon certain accessories. K
113
114
Those accessories falling within the terms of paragraphs 6 of Article 25 of
this Co#e who shoul# act with a!use of their pu!lic functions. shall suffer
the a##itional penalt" of a!solute perpetual #is$ualification if the principal
offen#er shall !e guilt" of a grave felon". an# that of a!solute temporar"
#is$ualification if he shall !e guilt" of a less grave felon".
Art.8B is limited onl" to grave and less grave felonies since it is not possible to have
accessories liable for light felonies. (t is further limited to those whose participation in
the crime is characteri+ed b" the misuse of public office or authorit".
6xample* a5 A ma"or aided in friend, a wanted criminal, in escaping
b5 A senator gives protection to his &ueteng lord friend
Additional 4enalties for 4ublic !fficers who are accessories
1. Absolute perpetual dis2ualification, if the principal offender is guilt" of a grave
felon".
2. Absolute temporar" dis2ualification if the principal offender is guilt" of less grave
felon"
Art. =5. Penalty to be imposed in case of failure to commit the crime
because the means employed or the aims sought are impossible. K ,hen the
person inten#ing to commit an offense has alrea#" performe# the acts for
the e%ecution of the same !ut nevertheless the crime was not pro#uce# !"
reason of the fact that the act inten#e# was !" its nature one of impossi!le
accomplishment or !ecause the means emplo"e# !" such person are
essentiall" ina#e$uate to pro#uce the result #esire# !" him. the court.
having in min# the social #anger an# the #egree of criminalit" shown !"
the offen#er. shall impose upon him the penalt" of arresto ma"or or a fine
from 7GG to =GG pesos.
Basis for the imposition of proper penalty in impossible crimes+ social danger
and degree of criminalit" shown b" the offender.
0xample6 Iuan fired a revolver at !edro at the distance of 2 kilometers. #his shows
stupidit" rather than danger. Iuan should not be punished as there is no social
danger nor degree of criminalit".
=ut if Iuan was a convicted felon, act ma" be punished.
Article limited to those cases of grave and less grave felonies.
Art. AG. 6xception to the rules established in #rticles >G to >?& K The
provisions containe# in Articles =G to =E. inclusive. of this Co#e shall not
!e applica!le to cases in which the law e%pressl" prescri!es the penalt"
provi#e# for a frustrate# or attempte# felon". or to !e impose# upon
accomplices or accessories.
" cases wherein the accomplice is punished wE the same penalty imposed
upon the principal
a5 ascendants, guardians, curators, teachers and an" person who b" abuse of
authorit" or confidential relationship shall cooperate as accomplices in the crimes
of rape, acts of lasciviousness, seduction, corruption of minors, white slave trade
or abduction.
b5 one who furnished the place for the perpetration of the crime of slight illegal
detention.
114
118
Accessory punished as principal+ Art 142 punishes an accessor" for knowingl"
concealed certain evil practices.
Cases when instead of a penalty " degrees lower one degree for accessory+
a5 knowingl" using counterfeited seal or forged signature or stamp of the !resident
b5 illegal possession and use of false treasur" or bank note
c5 using a falsified document
d5 using a falsified dispatch
Art. A2. !ules for graduating penalties& K >or the purpose of gra#uating
the penalties which. accor#ing to the provisions of Articles =G to =E.
inclusive. of this Co#e. are to !e impose# upon persons guilt" as principals
of an" frustrate# or attempte# felon". or as accomplices or accessories. the
following rules shall !e o!serve#:
2. ,hen the penalt" prescri!e# for the felon" is single an# in#ivisi!le.
the penalt" ne%t lower in #egrees shall !e that imme#iatel" following that
in#ivisi!le penalt" in the respective gra#uate# scale prescri!e# in Article
E2 of this Co#e.
7. ,hen the penalt" prescri!e# for the crime is compose# of two
in#ivisi!le penalties. or of one or more #ivisi!le penalties to !e impose to
their full e%tent. the penalt" ne%t lower in #egree shall !e that imme#iatel"
following the lesser of the penalties prescri!e# in the respective gra#uate#
scale.
6. ,hen the penalt" prescri!e# for the crime is compose# of one or two
in#ivisi!le penalties an# the ma%imum perio# of another #ivisi!le penalt".
the penalt" ne%t lower in #egree shall !e compose# of the me#ium an#
minimum perio#s of the proper #ivisi!le penalt" an# the ma%imum perio#s
of the proper #ivisi!le penalt" an# the ma%imum perio# of that imme#iatel"
following in sai# respective gra#uate# scale.
<. ,hen the penalt" prescri!e# for the crime is compose# of several
perio#s. correspon#ing to #ifferent #ivisi!le penalties. the penalt" ne%t
lower in #egree shall !e compose# of the perio# imme#iatel" following the
minimum prescri!e# an# of the two ne%t following. which shall !e ta3en
from the penalt" prescri!e#. if possi!le; otherwise from the penalt"
imme#iatel" following in the a!ove mentione# respective gra#uate# scale.
=. ,hen the law prescri!es a penalt" for a crime in some manner not
especiall" provi#e# for in the four prece#ing rules. the courts. procee#ing
!" analog". shall impose correspon#ing penalties upon those guilt" as
principals of the frustrate# felon". or of attempt to commit the same. an#
upon accomplices an# accessories.
The rules provided in this rt should also apply in determining the minimum of the
Indeterminate ,entence 9aw %I,9'. It also applies in lowering the penalty by one or
two degrees by reason of the presence of the privileged mitigating circumstance or
when the penalty is divisible and there are two or more mitigating circumstances.
Gra#uate# 'cale in Art E2
Indivisible 4enalties+
a5 9eath
b5 -eclusion !erpetua
118
11/
3ivisible 4enalties+
a5 -eclusion #emporal
b5 !rision Ma"or
c5 !rision %orreccional
d5 Arresto Ma"or
e5 9estierro
f5 Arresto Menor
g5 !ublic %ensure
h5 7ine
*ule /o. $+
.hen the penalty is single and indivisible 4ex. -!5, the penalt" next lower shall be
reclusion temporal.
*ule /o. "+
a5 when the penalty is composed of two indivisible penalties
6x. penalt" for parricide is reclusion perpetua to death, the next lower penalt" is
reclusion temporal
b5 when the penalty is composed of one or more divisible penalties to be imposed to
their full extent
0x. &' one divisible penalty is reclusion temporal. #he penalt" immediatel"
following -# is prision ma"or.
25 ) divisible penalties are prision correccional to prision ma"or. #he penalt"
immediatel" preceding the lesser of the penalties of prision correccional to
prision ma"or is arresto ma"or.
*ule /o. &+
.hen the penalty is composed of ) indivisible penalties and the maximum period of
a divisible penalty or when composed of one divisible penalty the maximum of one
divisible penalty
0x. penalt" for murder is reclusion temporal4max5 to death. #he point of
reference will be on the proper divisible penalt" which is reclusion temporal.
Ander the 3
rd
rule, the penalt" next lower to reclusion temporal is composed of
the medium and minimum periods of reclusion temporal and the maximum of
prision ma"or.
*ule /o.A+
.hen the penalty is composed of several periods
0x. the GseveralH periods contemplated in this rule correspond to different
divisible penalties. A penalt" of prision ma"or in its medium period to reclusion
temporal in its minimum period is an example of such. #he penalt" immediatel"
following the minimum of the entire sentence, which is prision ma"or medium, is
prision ma"or in its minimum and the 2 periods next following, which are prision
correccional max and medium.
*ule /o.8+
.hen the penalty has only ) periods
6x. Abduction punishable b" prision correccional in its medium and minimum.
#he next penalt" following is formed b" 2 periods to be taken from the same
penalt" if possible or from the periods of the penalt" numericall" following the
lesser of the penalties prescribed. #he penalt" next following prision correccional
in its med and min shall be arresto ma"or in its med and max.
+itigating and ggravating circumstances are first disregarded in the application of
the rules for graduating penalties. (t is onl" after the penalt" next lower in degree is
alread" determined that the mitigating and aggravating circumstances should be
considered.
11/
11.
Art. A7. 6ffect of the attendance of mitigating or aggravating
circumstances and of habitual delinquency. K &itigating or aggravating
circumstances an# ha!itual #elin$uenc" shall !e ta3en into account for the
purpose of #iminishing or increasing the penalt" in conformit" with the
following rules:
2. Aggravating circumstances which in themselves constitute a crime
speciall" punisha!le !" law or which are inclu#e# !" the law in #efining a
crime an# prescri!ing the penalt" therefor shall not !e ta3en into account
for the purpose of increasing the penalt".
2.(a) ,hen in the commission of the crime. a#vantage was ta3en !" the
offen#er of his pu!lic position. the penalt" to !e impose# shall !e in its
ma%imum regar#less of mitigating circumstances.
The ma%imum penalt" shall !e impose# if the offense was committe# !"
an" person who !elongs to an organi9e# J s"n#icate# crime group.
An organi.ed = syndicated crime group means a group of two or more
persons colla!orating. confe#erating. or mutuall" helping one another for
purposes of gain in the commission of an" crime.
7. The same rule shall appl" with respect to an" aggravating
circumstance inherent in the crime to such a #egree that it must of
necessit" accompan" the commission thereof.
6. Aggravating or mitigating circumstances which arise from the moral
attri!utes of the offen#er. or from his private relations with the offen#e#
part". or from an" other personal cause. shall onl" serve to aggravate or
mitigate the lia!ilit" of the principals. accomplices an# accessories as to
whom such circumstances are atten#ant.
<. The circumstances which consist in the material e%ecution of the act.
or in the means emplo"e# to accomplish it. shall serve to aggravate or
mitigate the lia!ilit" of those persons onl" who ha# 3nowle#ge of them at
the time of the e%ecution of the act or their cooperation therein.
=. @abitual delinquency shall have the following effects&
(a) /pon a thir# conviction. the culprit shall !e sentence# to the penalt"
provi#e# !" law for the last crime of which he !e foun# guilt" an# to the
a##itional penalt" of prision correccional in its me#ium an# ma%imum
perio#s;
(!) /pon a fourth conviction. the culprit shall !e sentence# to the
penalt" provi#e# for the last crime of which he !e foun# guilt" an# to the
a##itional penalt" of prision ma"or in its minimum an# me#ium perio#s;
an#
(c) /pon a fifth or a##itional conviction. the culprit shall !e sentence# to
the penalt" provi#e# for the last crime of which he !e foun# guilt" an# to
the a##itional penalt" of prision ma"or in its ma%imum perio# to reclusion
temporal in its minimum perio#.
+otwithstan#ing the provisions of this article. the total of the two penalties
to !e impose# upon the offen#er. in conformit" herewith. shall in no case
e%cee# 6G "ears.
11.
11B
>or the purpose of this article. a person shall be deemed to be habitual
delinquent, if within a perio# of ten "ears from the #ate of his release or last
conviction of the crimes of serious or less serious ph"sical in:uries. ro!o.
hurto. estafa or falsification. he is foun# guilt" of an" of sai# crimes a thir#
time or oftener. (#s amended by +ection (5 of !&#& no& ?9>:)
4ar $+ ggravating circumstances are not to be ta#en into account when6
a5 the" themselves constitute a crime
6x. b" Gmeans of fireH arson
b5 the" are included b" law in the definition of a crime
'-ample" the aggravating circumstances of trespass or >escalamiento? is in
itself a crime -0rt. +B7(. The breaking of a roof, foor or window may
constitute malicious mischief. The burning of anything of value may
constitute arson. These aggravating circumstances, if considered as felonies,
do not increase the penalty.
0mong the aggravating circumstances included in the de%nition of a
crime are taking advantage of public position in estafa under 0rt. +)3, abuse
of con%dence in /uali%ed theft -0rt. ,)7(* the circumstances which /ualify
homicide in murder -0rt. +3B(* and the use of arti%ce involving great waste
and ruin in the crimes punished in 0rts. ,+3 and ,,7.
4ar "+ 3ame rules applies when the aggravating circumstance is inherent in the
crime
'-ample" .elationship is inherent in the crimes of parricide and infanticide*
abuse of con%dence is inherent in malversation, /uali%ed theft, seduction and
estafa* se is inherent in crimes against chastity* taking advantage of public
position, in crimes committed by public o9cers* premeditation is inherent in
robbery, theft, estafa and similar ofenses. Kocturnity, abuse of superiority
and craft are absorbed by treachery and are therefore inherent in murder
/uali%ed by treachery. $remeditation, abuse of superiority and treachery are
inherent in treason.
4ar &. ggravating or mitigating circumstances arising from any of the ff affect only
those to whom such circumstances are attendant6
a5 from the moral attributes of the offender
b5 from his private relations w? the offended part"
c5 from an" other personal cause
'-ample" 5our malefactors commit homicide. One of them is under
)B. 0nother is drunk. The third is a recidivist, and the fourth is neither under
age, nor drunk, nor a recidivist. The %rst has in his favor the mitigating
circumstances of minority which does not afect his co!defendants. The
second has a diferent circumstances in his favor, drun,enness, which does
not etend to the other participants in the crime. The third has an
aggravating circumstance which afects him only. The fourth shall sufer the
penalty corresponding to him without taking into consideration the
aggravating circumstances afecting one or the etenuating circumstances
afecting the others.
.ule , is illustrated in the crime of parricide wherein a stranger had
participated. De is guilty of homicide or murder and not parricide. In the same
manner, the stranger who participated in the commission of /uali%ed theft
involving abuse of con%dence and who had no con%dential relationship with
the victim is only guilty of simple theft. 4ut the rule is diferent in
malversation. 0 private individual coordinating with the accountable public
o9cer in committing malversation is a co!principal in the crime.
11B
11:
In homicide, relationship aggravates the liability of the relative, who is
a co!principal, but not of the other principals who are not related to the
victim. <ack of instruction is mitigating as to the principal, who is actually
illiterate, but not with respect to the other principals who have educational
attainment.
Dowever, in adultery, the privileged mitigating circumstance of
abandonment would bene%t both ofenders, even if it was only the ofending
wife who was abandoned.- Pp vs& #velino (
4ar A+ the circumstances wJc consist of the ff shall serve to aggravate and mitigate
the liability only of those who had #nowledge of them at the time of the commission
of the offense
a5 material execution of the act
b5 means emplo"ed to accomplish the crime
:roi"ard says that the circumstances attending the commission of a
crime either relate to the persons participating in the same or to its material
e-ecution, or to the means employed. The former do not afect all the
participants in the crime, but only to those whom, they particularly apply* the
latter have direct bearing upon the criminal liability of all defendants who had
knowledge thereof at the time of the commission of the crime, or of their
cooperation therein.
'-ample" 0 and 4 killed &. In the eecution of the act of killing, 0
disguised himself in peace o9cer which was not made known to 4. The
aggravating circumstance of disguising as a peace o9cer shall be
appreciated only against 0, who employed the same in the killing of &. It is
only logical that 0 should be made to sufer a more serious penalty, as the
idea is to afect only those who have knowledge of it at the time of the
eecution of the act.
In the crime of murder, 0 hired 4 to kill &, to prevent the latter from
being a candidate for mayor in the @ay )), )AAB elections. In the actual
killing of &, deliberately augmented the sufering of & chopping him into
pieces and scattering his remains in several places. The aggravating
circumstances of cruelty and outraging or sco9ng at the person or corpse of
& should be appreciated only against 4.
'-ample" 0, 4 and & agreed to kill I so armed with guns, they
proceeded to the house of the latter whereupon 0 told 4 and & that he would
stay in the yard to prevent any relative of I from helping the victim. #hen 4
and & entered the room of I, and saw him sleeping, it was & who shot him.
The treachery that attended the commission of the crime shall also afect 4
and not only & who treacherously killed I in his sleep because 4 had
knowledge of the treacherous act being present actually during the shooting.
0=s liability is not aggravated by treachery as he had no knowledge of it,
being in the yard.
Cases where the attending aggravating or mitigating circumstances are not
considered in the imposition of penalties.
!enalt" that is single and indivisible
7elonies through negligence
!enalt" is a fine
!enalt" is prescribed b" a special law
11:
12;
4ar 8+ 5abitual 3elin.uent is a person who within the period of &? years from the
date of his %last' release or last conviction of the crimes of6
a5 serious or less serious ph"sical in&uries
b5 robber"
c5 theft
d5 estafa
e5 falsification
is found guilty of any of the said crimes a third time or oftener.
#en "ear period to be computed from the time of last release or conviction
3ubse2uent crime must be committed after conviction of the former crime. %ases still
pending are not to be taken into consideration.
5ABIT:A? 3E?I/H:E/CC *ECI3I0I1'
%rimes to be committed are specified 3ame title
'? in 1; "ears )o time fixed b" law
Must be found guilt" 3
rd
time or oftener 3econd conviction
Additional penalt" is imposed (s not offset b" M%, increases penalt" to
maximum
Dabitual delin/uency is not a crime. It is a circumstance that will
authori"e the court to add an additional penalty for the present crime
committed. It is only a factor in determining the total penalty to be imposed
upon the ofender.
Dabitual delin/uency imposes an additional penalty, however, if the
same is imposed after the court has ac/uired jurisdiction over the crime, and
the total penalty would eceed the jurisdictional limit of the court, such
situation will not divest the court of its jurisdiction over the crime. (Pp vs&
,lanco, F9 Phil& (:9)
In order that habitual delin/uency may be appreciated against the
accused, it must be alleged and detailed in the information or complaint. The
dates of the commission of the previous crimes* the last conviction of release
must be contained or written in the information.
2nder 0rticle ++, when one is a habitual delin/uent and he commits
felony or ofense, any future punitive law that may favor him in relation to the
punishment imposed on him, will not be given a retroactive efect insofar as
said ofender is concerned.
De is not also entitled to the application of the Indeterminate ;entence
<aw.
'-ample"
&.I@'; &O@@ITT'F F0T' O5 &OKLI&TIOK F0T' O5 .'<'0;'
;erious $hysical Injury Manuary, )A67 Manuary, )AH,
Theft 5ebruary, )A6B 5ebruary, )AHC
.obbery @arch, )AB7
In the eample mentioned above, as regards the conviction for theft in
5ebruary, )A6B the starting point for the computation of the ten!year period
is the date of conviction for serious physical injuries in Manuary, )A67 because
that is the last conviction with respect to the second conviction for theft in
5ebruary, )A6B. The date of release is not considered anymore because the
conviction for theft took place within ten years from the last conviction for
serious physical injuries. #e ignore the date of release because it came after
the conviction.
12;
121
#ith respect to the third conviction for robbery in @arch )AB7, the ten!
year period is to be computed not from the date of last conviction for theft in
5ebruary, )A6B because that would be beyond the period provided by law,
but from the date of release of the accused in 5ebruary, )AHC, as the law
provides for the computation of the ten!year period in the alternative, either
from the last conviction or release. 0pparently, in the eample given, the last
or third conviction is more than ten years from )A6B, but within ten years
from release. The period of ten years is therefore satis%ed. The ofender in
the eample given is a habitual delin/uent.
Rulings on 1a!itual -elin$uenc":
a5 the law on habitual delin2uenc" does not contemplate the exclusion from the
computation of prior conviction those falling outside the 1; "r period immediatel"
preceding the crime for w?c the defendant is being tried
b5 ten "r period is counted not from the date of commission of the subse2uent
offense but to the date of conviction thereof in relation to the date of his last
release or last conviction
c5 when an offender has committed several crimes mentioned in the definition of
habitual delin2uent, without being first convicted of an" of them before
committing the others, he is not a habitual delin2uent
d5 convictions on the same da" or at about the same time are considered as one
onl" 4da"s, weeks..5
e5 crimes committed on the same date, although convictions on different dates are
considered as one
f5 previous convictions are considered ever" time a new offense is committed
g5 commissions of those crimes need not be consummated
h5 habitual delin2uenc" applies to accomplice and accessories as long it is in the
crimes specified
i5 a crime committed in the minorit" of the offender is not counted
&5 imposition of additional penalt" is mandator" and constitutional
k5 modif"ing circumstances applicable to additional penalt"
l5 habitual delin2uenc" is not a crime, it is simpl" a fact or circumstance which if
present gives rise to the imposition of additional penalt"
m5 penalt" for habitual delin2uenc" is a real penalt" that determines &urisdiction
n5 in imposing the additional penalt", recidivism is not aggravating. #he additional
penalt" must be imposed in its minimum
o5 an offender can be a habitual delin2uent w?o being a recidivist
/otes+
In no case shall be the total penalties imposed upon the offender exceed D? years
#he law does not appl" to crimes described in Art. 1884alarms and scandals5
#he imposition of the additional penalties on habitual delin2uents are constitutional, it
is simpl" a punishment on future crimes on account of the criminal propensities of
the accused.
121
122
Habitual delin(uency applies at any stage of the execution because sub&ectivel", the
offender reveals the same degree of depravit" or perversit" as the one who commits
a consummated crime.
Habitual delin(uency applies to all participants because it reveals persistence in
them of the inclination to wrongdoing and of the perversit" of character that led them
to commit the previous crime.
#ote" There is no habitual delin/uency in ofenses punished by special
laws. &ourts cannot also take judicial notice of the previous convictions of the
accused. 5acts of previous convictions must be established during the trial of
the accused.
Art. A6. !ules for the application of indivisible penalties. K )n all cases in
which the law prescri!es a single indivisible penalty. it shall !e applie# !"
the courts regar#less of an" mitigating or aggravating circumstances that
ma" have atten#e# the commission of the #ee#.
)n all cases in which the law prescri!es a penalt" compose# of two
indivisible penalties. the following rules shall !e o!serve# in the
application thereof:
2. ,hen in the commission of the #ee# there is present onl" one
aggravating circumstance. the greater penalt" shall !e applie#.
7. ,hen there are neither mitigating nor aggravating circumstances in
the commission of the #ee#. the lesser penalt" shall !e applie#.
6. ,hen the commission of the act is atten#e# !" some mitigating
circumstances an# there is no aggravating circumstance. the lesser
penalt" shall !e applie#.
<. ,hen !oth mitigating an# aggravating circumstances atten#e# the
commission of the act. the court shall reasona!l" allow them to offset one
another in consi#eration of their num!er an# importance. for the purpose
of appl"ing the penalt" in accor#ance with the prece#ing rules. accor#ing
to the result of such compensation.
Art /3 applies onl" when the penalt" prescribed b" the %ode is either one indivisible
penalt" or 2 indivisible penalties
0rticle 6, must be understood to mean and to refer only to ordinary
mitigating circumstances. It does not refer to privileged mitigating
circumstances.
General rule+ 'hen the penalt" is composed of ) indivisible penalties, the penalty
cannot be lowered by one degree no matter how many mitigating circumstances are
present
Exception+ in cases of privileged mitigating circumstances
4ar.A+ the moral value rather than the numerical weight shall be taken into account
Rules for the application of in#ivisi!le penalties
Penalty is single and indivisible applied regardless of the presence of
aggravating and mitigating circumstances
Penalty composed of two indivisible penalties
122
123
1. >ne aggravating circumstance present higher penalt"
2. >ne mitigating circumstance present lower penalt"
3. ,ome mitigating circumstances present and no aggravating lower penalt"
4. +itigating and ggravating *ircumstance are present basis in number and
importance
Art. A<. !ules for the application of penalties which contain three periods&
K )n cases in which the penalties prescri!e# !" law contain three perio#s.
whether it !e a single #ivisi!le penalt" or compose# of three #ifferent
penalties. each one of which forms a perio# in accor#ance with the
provisions of Articles EA an# EE. the court shall o!serve for the application
of the penalt" the following rules. accor#ing to whether there are or are not
mitigating or aggravating circumstances:
2. ,hen there are neither aggravating nor mitigating circumstances.
the" shall impose the penalt" prescri!e# !" law in its me#ium perio#.
7. ,hen onl" a mitigating circumstance is present in the commission of
the act. the" shall impose the penalt" in its minimum perio#.
6. ,hen an aggravating circumstance is present in the commission of
the act. the" shall impose the penalt" in its ma%imum perio#.
<. ,hen !oth mitigating an# aggravating circumstances are present.
the court shall reasona!l" offset those of one class against the other
accor#ing to their relative weight.
=. ,hen there are two or more mitigating circumstances an# no
aggravating circumstances are present. the court shall impose the penalt"
ne%t lower to that prescri!e# !" law. in the perio# that it ma" #eem
applica!le. accor#ing to the num!er an# nature of such circumstances.
A. ,hatever ma" !e the num!er an# nature of the aggravating
circumstances. the courts shall not impose a greater penalt" than that
prescri!e# !" law. in its ma%imum perio#.
E. ,ithin the limits of each perio#. the court shall #etermine the e%tent
of the penalt" accor#ing to the num!er an# nature of the aggravating an#
mitigating circumstances an# the greater an# lesser e%tent of the evil
pro#uce# !" the crime.
rt HB applies when the penalty has D periods because the" are divisible. (f the
penalt" is composed of 3 different penalties, each forms a period according to Art ..
4ar A+ the mitigating circumstances must be ordinar", not privileged. #he aggravating
circumstances must be generic or specific, not 2ualif"ing or inherent.
0xample6 a 2ualif"ing circumstance 4treacher"5 cannot be offset b" a generic
mitigating circumstance 4voluntar" circumstance5
#he court has discretion to impose the penalt" within the limits fixed b" law
rt HB not applicable when the penalt" is indivisible or prescribed b" special law or a
fine
123
124
Rules for the application of #ivisi!le penalties
No aggravating and no mitigating circumstances medium period
>ne mitigating circumstance minimum period
>ne aggravating circumstance maximum period
+itigating and aggravating circumstance offset each other and according to
relative weight
) or more mitigating without any aggravating circumstance on degree lower
If in the commission of the crime, one aggravating circumstance is
present, and four mitigating circumstances are likewise left, the ofsetting of
one aggravating circumstance will not entitle the accused to a reduction of
his penalty by one degree. Nou will only lower the penalty by one degree if it
is divisible and there is absolutely no aggravating circumstance.
"enalty for murder under the 1evised "enal *ode is reclusion temporal maximum to death. ,o,
the penalty would be reclusion temporal maximum / reclusion perpetua / death. This penalty
made up of three periods.
Art. A=. !ule in cases in which the penalty is not composed of three
periods& K )n cases in which the penalt" prescri!e# !" law is not compose#
of three perio#s. the courts shall appl" the rules containe# in the foregoing
articles. #ivi#ing into three e$ual portions of time inclu#e# in the penalt"
prescri!e#. an# forming one perio# of each of the three portions.
C!'4:TATI!/1+
A. Example+ 4rision 'ayor ,) yrs $ day to $" yrs-
2) su!tract the minimum (#isregar# 2 #a") from the ma%imum
12"rs /"rs Q / "rs
7) #ivi#e the #ifference !" 6
/ "rs ? 3 Q 2 "rs
6) use the minimum (A "rs an# 2 #a") as the minimum of the minimum perio#.
Then a## the 7 "rs (#isregar#ing the 2 #a") to the minimum to get the
ma%imum of the minimum
/ "rs 4minimum of the minimum5
R 2 "rs 4difference5
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
B "rs 4maximum of the minimum5.
#herefore, minimum period of prision mayor- H yrs & day to @ yrs
<) use the ma%imum of the minimum perio# as the minimum of the me#ium
perio# an# a## 2 #a" to #istinguish from the minimum perio#. Then a## 7
"ears to the minimum of the me#ium (#isregar#ing the 2 #a") to get the
ma%imum of the me#ium perio#.
B "rs 4minimum of the medium5
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
1; "rs 4maximum of the medium5
#herefore, medium period of prision mayor- @ yrs & day to &? yrs
=) use the ma%imum of the me#ium perio# as the minimum of the ma%imum p#.
a## 2 #a" to #istinguish it from the me#ium perio#. Then a## 7 "rs to the
minimum of the ma%imum p# (#isregar#ing the 2 #a") to get the ma%imum of
the ma%imum perio#)
1; "rs 4maximum of the medium5
124
128
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
12 "rs 4maximum of the maximum5
#herefore, maximum period of prision mayor- &? yrs & day to &) yrs
"omputation above applicable to all others except arresto mayor
B. Example+ 4rision 'ayor minimum ,) yrs $ day to # yrs- only
2) 'u!tract minimum from the ma%imum
B"rs /"rs Q 2 "rs
7) -ivi#e the #ifference !" 6
2"rs ? 3 Q B months
6) /se the minimum of the given e%ample as the minimum perio#. Then to get to
get the ma%imum of the minimum. a## the F months
/ "rs R B months Q / "rs and B months
#herefore, minimum of prision mayor minimum- H yrs & day to H yrs @ months
<) /se the ma%imum of the minimum as the minimum of the me#ium perio#. A##
2 #a" to #istinguish it from the ma%imum of the minimum. A## the F months
an# this !ecomes the ma%imum of the me#ium
/ "rs B months R B months Q . "rs 4 months
#herefore, the medium period of prision mayor minimum- H yrs @ mos & day to C yrs B
mos
=) /se the ma%imum of the me#ium as the minimum perio# of the ma%imum
perio# an# a## 2 #a" to #istinguish. A## the F months to get the ma%imum of
this ma%imum
. "rs 4 mos R B mos Q B "rs
#herefore, maximum of prision mayor- C yrs B mos & day to @ yrs
Act +o. <G26 ()+-TR&)+AT '+T+C LA,). as amen#e#
Three things to 2now about the Indeterminate 1entence ?aw+
415 (ts purpose1
425 (nstances when it does not appl"1 and
435 0ow it operates
Indeterminate ,entence 9aw governs whether the crime is punishable under the 1evised "enal
*ode or a special 9aw. (t is not limited to violations of the -evised !enal %ode.

It applies only when the penalty served is imprisonment. (f not b" imprisonment, then it does not
appl".
Purpose
#he purpose of the (ndeterminate 3entence law is to avoid prolonged imprisonment, because it is
proven to be more destructive than constructive to the offender. 3o, the purpose of the
(ndeterminate 3entence >aw in shortening the possible detention of the convict in &ail is to save
valuable human resources. (n other words, if the valuable human resources were allowed
prolonged confinement in &ail, the" would deteriorate. !urpose is to preserve economic
usefulness for these people for having committed a crime $$ to reform them rather than to
deteriorate them and, at the same time, saving the government expenses of maintaining the
convicts on a prolonged confinement in &ail.
(f the crime is a violation of the -evised !enal %ode, the court will impose a sentence that has a
minimum and maximum. The maximum of the indeterminate sentence will be arrived at by
ta#ing into account the attendant mitigating andJor aggravating circumstances according to rticle
HB of the 1evised "enal *ode. In arriving at the minimum of the indeterminate sentence, the
court will ta#e into account the penalty prescribed for the crime and go one degree lower . 'ithin
the range of one degree lower, the court will fix the minimum for the indeterminate sentence, and
within the range of the penalt" arrived at as the maximum in the indeterminate sentence, the
128
12/
court will fix the maximum of the sentence. If there is a privilege mitigating circumstance
which has been ta#en in consideration in fixing the maximum of the indeterminate sentence, the
minimum shall be based on the penalty as reduced by the privilege mitigating circumstance
within the range of the penalty next lower in degree.
(f the crime is a violation of a special law, in fixing the maximum of the indeterminate
sentence, the court will impose the penalty within the range of the penalty prescribed by the
special law, as long as it will not exceed the limit of the penalty. In fixing the minimum, the court
can fix a penalty anywhere within the range of penalty prescribed by the special law, as long as it
will not be less than the minimum limit of the penalty under said law. Bo mitigating and
aggravating circumstances are ta%en into account&
The minimum and the maximum referred to in the Indeterminate ,entence 9aw are not periods.
3o, do not say maximum or minimum period. 7or the purposes of the indeterminate
3entence >aw, use the term minimum to refer to the duration of the sentence which the convict
shall serve as a minimum, and when we sa" maximum, for purposes of (3>A', we refer to the
maximum limit of the duration that the convict ma" be held in &ail. 'e are not referring to an"
period of the penalt" as enumerated in Article .1.
%ourts are re2uired to fix a minimum and a maximum of the sentence that the" are to impose
upon an offender when found guilt" of the crime charged. 3o, whenever the (ndeterminate
3entence >aw is applicable, there is alwa"s a minimum and maximum of the sentence that the
convict shall serve. If the crime is punished by the 1evised "enal *ode, the law provides that the
maximum shall be arrived at b" considering the mitigating and aggravating circumstances in the
commission of the crime according to the proper rules of the -evised !enal %ode. #o fix the
maximum, consider the mitigating and aggravating circumstances according to the rules found in
Article /4. This means /
415 !enalties prescribed b" the law for the crime committed shall be imposed in the medium
period if no mitigating or aggravating circumstance1
425 (f there is aggravating circumstance, no mitigating, penalt" shall be imposed in the
maximum1
435 (f there is mitigating circumstance, no aggravating, penalt" shall be in the minimum1
445 (f there are several mitigating and aggravating circumstances, the" shall offset against
each other. 'hatever remains, appl" the rules.
485 (f there are two or more mitigating circumstance and no aggravating circumstance,
penalt" next lower in degree shall be the one imposed.
!ule under #rt 9J shall apply in determining the maximum but not in determining the minimum.
In determining the applicable penalty according to the Indeterminate ,entence 9aw, there is no
need to mention the number of "ears, months and da"s1 it is enough that the name of the penalt"
is mentioned while the (ndeterminate 3entence >aw is applied. To fix the minimum and the
maximum of the sentence, penalt" under the -evised !enal %ode is not the penalt" to be
imposed b" court because the court must appl" the (ndeterminate 3entence >aw. The attendant
mitigating andJor aggravating circumstances in the commission of the crime are ta#en into
consideration only when the maximum of the penalty is to be fixed. $ut in so far as the minimum
is concerned, the basis of the penalty prescribed by the 1evised "enal *ode, and go one degree
lower than that. =ut penalt" one degree lower shall be applied in the same manner that the
maximum is also fixed based onl" on ordinar" mitigating circumstances. #his is true onl" if the
mitigating circumstance taken into account is onl" an ordinar" mitigating circumstance. If the
mitigating circumstance is privileged, you cannot follow the law in so far as fixing the minimum of
the indeterminate sentence is concerned- otherwise, it may happen that the maximum of the
indeterminate sentence is lower than its minimum.
(n one 3upreme %ourt ruling, it was held that for purposes of appl"ing the (ndeterminate
3entence >aw, the penalt" prescribed b" the -evised !enal %ode and not that which ma" be
imposed b" court. #his ruling, however, is obviousl" erroneous. #his is so because such an
interpretation runs contrar" to the rule of pro reo, which provides that the penal laws should
alwa"s be construed an applied in a manner liberal or lenient to the offender. Therefore, the rule
is, in applying the Indetermiante ,entence 9aw, it is that penalty arrived at by the court after
applying the mitigating and aggravating circumstances that should be the basis.
12/
12.
%rimes punished under special law carr" onl" one penalt"1 there are no degree or periods.
Moreover, crimes under special law do not consider mitigating or aggravating circumstance
present in the commission of the crime. 3o in the case of statutor" offense, no mitigating and
no aggravating circumstances will be ta2en into account. Iust the same, courts are re2uired
in imposing the penalt" upon the offender to fix a minimum that the convict should serve, and to
set a maximum as the limit of that sentence. :nder the law, when the crime is punished under a
special law, the court may fix any penalty as the maximum without exceeding the penalty
prescribed by special law for the crime committed. In the same manner, courts are given
discretion to fix a minimum anywhere within the range of the penalty prescribed by special law, as
long as it will not be lower than the penalty prescribed.
3is.ualification may be divided into three according to 7
%&' #he time committed1
%)' #he penalt" imposed1 and
%D' #he offender involved.
The Indeterminate 1entence ?aw shall not apply to+
%&' !ersons convicted of offense punishable with death penalt" or life imprisonment1
%)' !ersons convicted of treason, conspirac" or proposal to commit treason1
%D' !ersons convicted of misprision of treason, rebellion, sedition, espionage1
%B' !ersons convicted of pirac"1
%F' !ersons who are habitual delin2uents1
%H' !ersons who shall have escaped from confinement or evaded sentence1
%C' #hose who have been granted conditional pardon b" the %hief 6xecutive and shall have
violated the term thereto1
%@' #hose whose maximum term of imprisonment does not exceed one "ear4 consider the
maximum term not the minimum term5, but not to those already sentenced by final
judgment at the time of the approval of Indeterminate ,entence 9aw.
%A' Those sentenced to destiero or suspension% this are not punishable by imprisonment '.
lthough the penalty prescribed for the felony committed is death or reclusion perpetua, if after
considering the attendant circumstances, the imposable penalty is reclusion temporal or less, the
Indeterminate ,entence 9aw applies %People v& "empron, 'F? +"!# (?F'.
.ecidivists entitled to the availment of the Indeterminate ;entence
<aw since those dis/uali%ed are Dabitula delin/uents. (People vs& enus, 95 Phil&
J5>)
#hen the accused escaped from jail while his case was on appeal, he
is not entitled to the bene%ts of the Indeterminate ;entence <aw. (People vs&
Aartinado, ('J +"!# ?'()
0 youthful ofender whose sentence is suspended under ;ec. )A+ of
$.F. 67, and who escaped from his con%nement is still entitled to the
application of the Indeterminate ;entence <aw. The same is true with an
accused con%ned in the Kational &enter for @ental Dealth -formerly Kational
@ental Dospital( since their con%nement cannot be considered punishment
but more of administrative matters for their rehabilitation. (People vs& +oler, 95
Phil& F9F)
0 person sentenced to destierro who entered the prohibited area within
the prohibited period has evaded the service of his sentence (People vs& #bilog,
12.
12B
F( Phil& '?J) and when he committed a crime in that area, he will not be
entitled to the bene%ts of the Indeterminate ;entence <aw for the new crime.
O I;< should not be applied when it is unfavorable to the accused.
O I;< does not apply to non!divisible penalties.
1eason for the +/L ma- and min" so that the prisoner could be released
on parole after serving the minimum sentence and could be rearrested to
serve the maimum.
Illustrations:
5. #o mitigating6 aggravating6 or the circumstances (ere o)set
'ample1 crime is punishable by reclusion temporal #homicide%
I+L max 8 .T medium
I+L min 8 $@ any period -discretion of the judge(
7. %ne mitigating
I+L max 8 .T minimum
I+L min 8 $@ any period -discretion of the judge(
,,, The mitigating circumstance shall be considered only in the imposition
of the maimum term of the sentence
8. %ne aggravating
I+L max 8 .T maimum
I+L min 8 $@, any period
9. &(o mitigating6 one aggravating
I+L max 8 .T minimum because after ofsetting one mitigating and one
aggravating, only one mitigating will be left.
:. Comple- crime
'ample1 homicide with assault
Domicide 8 .T
0ssault 8 $&
,,, .emember that comple crimes are punishable by the more severe
penalty of the two crimes to imposed in its ma period. Therefore,
I+L max 8 .T ma
'ample1 frustrated homicide with assault -being frustrated, one degree
lower(
I+L max 8 $@ ma
I+L min ! $&, any period
6. 0rt. +B+ says that the crime of grave threats is punishable by a
penalty lower by two degrees than that prescribed by law for the crime
threatened.
'ample1 0 threatened to kill 4. Domicide is punishable by .T. ;ince 0 is
liable only for threats of homicide, he shall be punished by prision
correctional. If there is an aggravating circumstance -relationship of 0 to
4, for eample( then the maimum period shall attach to the penalty -$&(
only after lowering by + degrees.
I+L max 8 $& ma -with aggravating(
12B
12:
IL+ min 8 0@ any period
;. Comple- crime (ith t(o mitigating6 no aggravating
5or purposes of I;<, the penalty net lower should be determined without
due regard as to whether the basic penalty provided by the &ode should
be applied in its ma or min period as circumstances modifying liability
may re/uire. Dowever -as an eemption(, whether the number of the
mitigating is such as to entitle the accused to the penalty net lower in
degree, this penalty in the I;< should be starting point for the
determination of the net lower in degree -I;< min(. 5or instance, if the
more serious ofense in the comple crime is punishable by prision mayor,
the whole of prision mayor should be considered for the purposes of
determining the penalty net lower in degree 8 KOT prision mayor ma
which is the usual rule.
;o now, we lower it by one degree because of the two mitigating 8 the I+L
max will be $& ma -ma because it=s a comple crime(. I+L min will be
0@ any period.
<. 2 privileged mitigating and an ordinary mitigating
#hen there is a privileged mitigating -minority or incomplete self!defense(
and an ordinary mitigating -plea of guilty or voluntary surrender(, the rule
is1 3ower +rst the penalty prescribed by the Code by one degree -because
of the privileged mitigating(. This will be the ma of the I;< and the
penalty net lower will be the minimum of the I;<.
4-ample: 0, a minor, pleaded guilty to murder. @urder is punishable by .T
ma to death.
555 There being a privileged mitigating circumstance of minority, the
penalty should be one degree lower.
OOO There is also an ordinary mitigating circumstance -plea of guilty(, so
the lowered penalty will be imposed in its minimum period which is $@
ma

I;< ma 8 $@ ma
I;< min 8 any period between $& ma to $@ med

=. &(o privileged mitigating and ordinary mitigating
circumstance
4-ample: 0, a minor, killed 4 in self!defense but 0 did not employ
reasonable means. 0 surrendered to the authorities. The penalty of
homicide is .T.
I+L max 8 $& min
There are ' privileged mitigating namely minority and incomplete self-
defense so 6T should be lowered by ' degrees #2C%. It should li,ewise be
imposed in the minimum because of the ordinary mitigating of voluntary
surrender.
I+L min 8 0@ any period
5>. +ncomplete defense6 no mitigating6 no aggravating
To determine the I+L max
2nlawful aggression only ! ordinary mitigating
2nlawful aggression plus one other re/uisite 8 ) degree lower
I+L min 8 penalty net lower to the above
12:
13;
55. +ncomplete self0defense6 plus 7 ordinary mitigating6 no
aggravating
'ample1 0 killed 4 in self!defense. 4ut means used was not reasonable.
Dowever, there were + ordinary mitigating1 0 acted with obfuscation and
he surrendered
The penalty for homicide is .T, .T should be lowered by ) degree for
incomplete self!defense -unlawful aggression and no provocation from 0(,
making it prision mayor. This should be further reduced by one degree
because of + ordinary mitigating without any aggravating, making it $&.
I+L max 8 $& med
I+L min 8 0@ any period
57. ?urder (ith 7 or more mitigating6 no aggravating
&ode punishes murder with 6T ma- to death. If for instance, there was
voluntary surrender and plea of guilty, the penalty should be lowered by
one degree, there being + mitigating. One degree lower to F@ ma to .T
medium -refer to scale in Ko.B(.
This should be subdivided into , periods. The I;< ma would be then the
medium period of $@ ma to .T med which is )+ yrs, C mos, )) days to )3
yrs, )7 mos, +7 days. The I;< min would be anywhere within $& ma to $@
medium -refer to scale(
58. 1obbery in uninhabited house
This crime is punishable by .T. If the ofender is not armed and the stolen
thing is less than +C7 pesos, it should be lowered by one degree which is
$@ in its minimum period. The penalty is to be imposed in the medium
period, there no aggravating nor mitigating. The I;< ma should then be
to the $@ min.
If under special law
' no modifying circumstance is taken into account unless specially
provided for by the law
' the basis of the application of the I;< is the >penalty actually imposed?
and not that imposable by law
Presi#ential -ecree +o. 5AF (PR0(AT)0+ LA,)
4robation is a manner of disposing of an accused who have been convicted by a trial court by
placing him under supervision of a probation officer, under such terms and conditions that the
court may fix. #his ma" be availed of before the convict begins serving sentence b" final
&udgment and provided that he did not appeal an"more from conviction.
he )$ are dis-uali.ed:
). those sentenced to a ma of term of imprisonment of more than 6
years
+. those convicted of subversion or any crime against national security or
public order
,. those who were previously convicted by %nal judgment of an ofense
punished by imprisonment of not less than ) month and ) day andPor
%ne of not more than +77
13;
131
3. those who have been once on probation
C. those already serving sentence
'ithout regard to the nature of the crime, only those whose penalty does not exceed six years of
imprisonment are those (ualified for probation. (f the penalt" is six "ears plus one da", he is no
longer 2ualified for probation.
If the offender was convicted of several offenses which were tried jointly and one decision was
rendered where multiple sentences imposed several prison terms as penalty, the basis for
determining whether the penalty dis(ualifies the offender from probation or not is the term of the
individual imprisonment and not the totality of all the prison terms imposed in the decision. 3o
even if the prison term would sum up to more than six "ears, if none of the individual penalties
exceeds six "ears, the offender is not dis2ualified b" such penalt" from appl"ing for probation.
<n the other hand, without regard to the penalt", those who are convicted of subversion or any
crime against the public order are not (ualified for probation. 3o know the crimes under #itle (((,
=ook 2 of the -evised !enal %ode. Among these crimes is larms and ,candals, the penalt" of
which is onl" arresto menor or a fine. :nder the amendment to the "robation 9aw, those
convicted of a crime against public order regardless of the penalty are not (ualified for probation.
+ay a recidivist be given the benefit of "robation 9aw;
s a general rule, N>
0xception6 If the earlier conviction refers to a crime the penalty of which does not exceed D?
days imprisonment or a fine of not more than ")??.?? %rresto +enor', such convict is not
dis(ualified of the benefit of probation. 3o even if he would be convicted subse2uentl" of a crime
embraced in the same title of the -evised !enal %ode as that of the earlier conviction, he is not
dis2ualified from probation provided that the penalt" of the current crime committed does not go
be"ond six "ears and the nature of the crime committed b" him is not against public order,
national securit" or subversion.
Although a person ma" be eligible for probation, the moment he perfects an appeal from the
judgment of conviction, he cannot avail of probation anymore. 3o the benefit of probation must
be invoked at the earliest instance after conviction. 0e should not wait up to the time when he
interposes an appeal or the sentence has become final and executor". #he idea is that probation
has to be invoked at the earliest opportunit".
n application for probation is exclusively within the jurisdiction of the trial court that renders the
judgment. 7or the offender to appl" in such court, he should not appeal such judgment.
>nce he appeals, regardless of the purpose of the appeal, he will be dis2ualified from appl"ing
for !robation, even though he ma" thereafter withdraw his appeal.
If the offender would appeal the conviction of the trial court and the appellate court reduced the
penalty to say, less than six years, that convict can still file an application for probation, because
the earliest opportunity for him to avail of probation came only after judgment by the appellate
court.
.hether a convict who is otherwise (ualified for probation may be given the benefit of probation
or not, the courts are always re(uired to conduct a hearing. (f the court denied the application for
probation without the benefit of the hearing, where as the applicant is not dis2ualified under the
provision of the !robation >aw, but onl" based on the report of the probation officer, the denial is
correctible b" certiorari, because it is an act of the court in excess of &urisdiction or without
&urisdiction, the order den"ing the application therefore is null and void.
"robation is intended to promote the correction and rehabilitation of an offender b" providing him
with individuali+ed treatment1 to provide an opportunit" for the reformation of a penitent offender
which might be less probable if he were to serve a prison sentence1 to prevent the commission of
offenses1 to decongest our &ails1 and to save the government much needed finance for
maintaining convicts in &ail
"robation is only a privilege. 3o even if the offender ma" not be dis2ualified of probation, "et the
court believes that because of the crime committed it was not advisable to give probation
because it would depreciate the effect of the crime, the court ma" refuse or den" an application
for probation.
131
132
7enerally, the courts do not grant an application for probation for violation of the 8angerous
8rugs 9aw, because of the prevalence of the crime. 3o it is not along the purpose of probation to
grant the convict the benefit thereof, &ust the individual rehabilitation of the offender but also the
best interest of the societ" and the communit" where the convict would be sta"ing, if he would be
released on probation. #o allow him loose ma" bring about a lack of respect of the members of
the communit" to the enforcement of penal law. (n such a case, the court even if the crime is
probationable ma" still den" the benefit of probation.
*onsider not only the probationable crime, but also the probationable penalty. (f it were the non$
probationable crime, then regardless of the penalt", the convict cannot avail of probation.
7enerally, the penalty which is not probationable is any penalty exceeding six years of
imprisonment. !ffenses which are not probationable are those against natural security, those
against public order and those with reference to subversion.
"ersons who have been granted of the benefit of probation cannot avail thereof for the second
time. !robation is onl" available once and this ma" be availed onl" where the convict starts
serving sentence and provided he has not perfected an appeal. (f the convict perfected an
appeal, he forfeits his right to appl" for probation. s far as offenders who are under preventive
imprisonment, that because a crime committed is not bailable or the crime committed, although
bailable, the" cannot afford to put up a bail, upon promulgation of the sentence, naturall" he goes
back to detention, that does not mean that the" alread" start serving the sentence even after
promulgation of the sentence, sentence will onl" become final and executor" after the lapse of the
18$da" period, unless the convict has waived expressl" his right to appeal or otherwise, he has
partl" started serving sentence and in that case, the penalt" will alread" be final and exeuctor",
no right to probation can be applied for.
4robation shall be denied if the court finds+
415 #hat the offender is in need of correctional treatment that can be provided most
effectivel" b" his commitment to an institution1
425 #hat there is undue risk that during the period of probation the offender will commit
another crime1 or
435 !robation will depreciate the seriousness of the crime.
The probation law imposes two 2inds of conditions+
415 Mandator" conditions1 and
425 9iscretionar" conditions.
'andatory conditions+
415 #he convict must report to the !robation <fficer 4!<5 designated in the court order
approving his application for !robation within .2 hours from receipt of )otice of such
order approving his application1 and
425 #he convict, as a probationer, must report to the !< at least once a month during the
period of probation unless sooner re2uired b" the !<.
These conditions being mandatory, the moment any of these is violate, the probation is cancelled.
3iscretionary conditions+
The trial court which approved the application for probation may impose any condition which may
be constructive to the correction of the offender, provided the same would not violate the
constitutional rights of the offender and subject to this two restrictions6 %&' the conditions
imposed should not be unduly restrictive of the probationer- and %)' such condition should not be
incompatible with the freedom of conscience of the probationer
Procedure of Probation:
). trial court gives a sentence -one that /uali%es you to apply for
probation(
132
133
+. within the period for %ling an appeal, must apply for probation in the
trial court. If already %led an appeal. 0s long as records haven=t
reached appellate courts, must withdraw to apply for probation.
0pplying for probation means waiver of .T to appeal.
,. upon application, trial court to suspend eecution of sentence. 4ut
does not mean already on probation
3. judge to order probation o9cer to investigate case-whether /uali%ed,
character antecedents, environment, mental and physical condition
and available institutional and community resources( O9cer to submit
report not later than 67 days. &ourt to give decision not later than )C
days after receipt of report. $ending investigation, may be released
under bail. Ko bail %led, can be released on the custody of a
responsible member of the community.
C. the judge may grant the application or not
7ranted 8 released subject to certain conditions1 Two important re/uirements1
-)( present self to probation o9cer within H+ hours from receipt of order -+(
you will report to said o9cer at least once a month at such time and place as
speci%ed by the o9cer.
Other conditions are special and discretionary and are provided in ;ec. )7 of
the $robation <aw.
Once granted, accessory penalties are deemed suspended.
8enied 8 reasons of the court may be1
). that you need correctional treatment
+. there is undue risk that you will commit another crime
,. probation may depreciate the seriousness of the ofense
6. an order granting or denying probation is KOT appealable
9. probation will last according to the 1:
a. if sentence is not more than ) year, probation shall not eceed +
years
b. if sentence is more than ) year, probation shall not eceed 6
years
c. if sentence is %ne with subsidiary imprisonment, probation shall
be twice the days of subsidiary
B. $robationer may be arrested at anytime during probation if there was a
serious violation of the conditions. If revoked, must serve the sentence
originally imposed. &ourt=s order not appealable.
A. $robation ends after the court, basing on the probation=s o9cer=s
report, orders %nal discharge. 0ll civil rights will be restored. $ay %ne
for the original crime.
,,, 'piration of the probation period does not automatically terminate
probation. @ust have court order.
Art. AA. Imposition of fines& K )n imposing fines the courts ma" fi% an"
amount within the limits esta!lishe# !" law; in fi%ing the amount in each
case attention shall !e given. not onl" to the mitigating an# aggravating
circumstances. !ut more particularl" to the wealth or means of the culprit.
Court must consider the following in imposing the fine+
a5 mitigating and aggravating circumstances
b5 the wealth and means of the culprit
133
134
'hen the minimum of the fine is not fixed, the court shall have the discretion
provided it does not exceed the amount authori+ed b" law
it is not only the mitigating andJor aggravating circumstances that the court shall ta#e into
consideration, but primarily, the financial capability of the offender to pay the fine.
If the %ne imposed by the law appears to be ecessive, the remedy is
to ask the &ongress to amend the law by reducing the %ne to a reasonable
amount.
Art. AE. Penalty to be imposed when not all the requisites of exemption of
the fourth circumstance of #rticle '( are present.K ,hen all the con#itions
re$uire# in circumstances +um!er < of Article 27 of this Co#e to e%empt
from criminal lia!ilit" are not present. the penalt" of arresto ma"or in its
ma%imum perio# to prision correccional in its minimum perio# shall !e
impose# upon the culprit if he shall have !een guilt" of a grave felon". an#
arresto ma"or in its minimum an# me#ium perio#s. if of a less grave felon".
Re$uisites of Art 27 par <(Acci#ent)
a5 act causing the in&ur" must be lawful
b5 act performed w? due care
c5 in&ur" was caused b" mere accident
d5 no fault or intention to cause in&ur"
if these conditions are not all present then the ff penalties shall be imposed+
a5 grave felony arresto ma"or max to prision correccional min
b5 less grave felony arresto ma"or min to arresto ma"or med
Art. AF. Penalty to be imposed upon a person under eighteen years of age&
K ,hen the offen#er is a minor un#er eighteen "ears an# his case is one
coming un#er the provisions of the paragraphs ne%t to the last of Article FG
of this Co#e. the following rules shall !e o!serve#:
2. /pon a person un#er fifteen !ut over nine "ears of age. who is not
e%empte# from lia!ilit" !" reason of the court having #eclare# that he
acte# with #iscernment. a #iscretionar" penalt" shall !e impose#. !ut
alwa"s lower !" two #egrees at least than that prescri!e# !" law for the
crime which he committe#.
7. /pon a person over fifteen an# un#er eighteen "ears of age the
penalt" ne%t lower than that prescri!e# !" law shall !e impose#. !ut
alwa"s in the proper perio#.
/otes+
Art. /B applies to such minor if his application for suspension of sentence is
disapproved or if while in the reformator" institution he becomes incorrigible in which
case he shall be returned to the court for the imposition of the proper penalt".
Art. )# provides for " privileged mitigating circumstances
under &F but over A and has acted wJ discerment* 2 degrees lower
under &@ but over &F* 1 degree lower
134
138
If the act is attended by two or more mitigating circumstance and no aggravating
circumstance, the penalt" being divisible a minor over 18 but under 1B ma" still get a
penalt" two degrees lower.
Art. A5. Penalty to be imposed when the crime committed is not wholly
excusable& K A penalt" lower !" one or two #egrees than that prescri!e# !"
law shall !e impose# if the #ee# is not wholl" e%cusa!le !" reason of the
lac3 of some of the con#itions re$uire# to :ustif" the same or to e%empt
from criminal lia!ilit" in the several cases mentione# in Article 22 an# 27.
provi#e# that the ma:orit" of such con#itions !e present. The courts shall
impose the penalt" in the perio# which ma" !e #eeme# proper. in view of
the num!er an# nature of the con#itions of e%emption present or lac3ing.
Penalt" to !e impose# when the crime committe# is not wholl" e%cusa!le
& or ) degrees lower if the majority of the conditions for justification or exemption
in the cases provided in rts. && and &) are present.
Art. EG. +uccessive service of sentence. K ,hen the culprit has to serve
two or more penalties. he shall serve them simultaneousl" if the nature of
the penalties will so permit otherwise. the following rules shall !e
o!serve#:
)n the imposition of the penalties. the or#er of their respective severit"
shall !e followe# so that the" ma" !e e%ecute# successivel" or as nearl"
as ma" !e possi!le. shoul# a par#on have !een grante# as to the penalt"
or penalties first impose#. or shoul# the" have !een serve# out.
>or the purpose of appl"ing the provisions of the ne%t prece#ing paragraph
the respective severit" of the penalties shall !e #etermine# in accor#ance
with the following scale:
2. -eath.
7. Reclusion perpetua.
6. Reclusion temporal.
<. Prision ma"or.
=. Prision correccional.
A. Arresto ma"or.
E. Arresto menor.
F. -estierro.
5. Perpetual a!solute #is$ualification.
2G Temporal a!solute #is$ualification.
22. 'uspension from pu!lic office. the right to vote an# !e vote# for. the
right to follow a profession or calling. an#
27. Pu!lic censure.
+otwithstan#ing the provisions of the rule ne%t prece#ing. the ma%imum
#uration of the convictLs sentence shall not !e more than three8fol# the
length of time correspon#ing to the most severe of the penalties impose#
upon him. +o other penalt" to which he ma" !e lia!le shall !e inflicte# after
the sum total of those impose# e$uals the same ma%imum perio#.
'uch ma%imum perio# shall in no case e%cee# fort" "ears.
)n appl"ing the provisions of this rule the #uration of perpetual penalties
( penal perpetua) shall !e compute# at thirt" "ears. (#s amended by "#N('?)&
138
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0rt. H7 refers to service of sentence. It is therefore addressed to the jail
warden or to the director of prisons. The court or the judge has no power to
implement 0rticle H7 because the provision is not for the imposition of
penalties. If the penalty by their very nature can be served simultaneously,
then it must be so served.
'aximum duration of the convictLs sentence+ D times the most severe penalty
+ax period shall not exceed B? years
1ubsidiary imprisonment this shall be excluded in computing for the maximum
duration
0xample6 Iuan has 1; sentences of / months and 1 da" each and a fine of 1;;;. 0e
was not able to pa" the fine. #herefore, he must serve subsidiar" penalt" after 1B
months and 3 da"s in &ail.
The Three-9old *ule
Ander this rule, when a convict is to serve successive penalties, he will not actually serve the
penalties imposed by law. (nstead, the most severe of the penalties imposed on him shall be
multiplied by three and the period will be the only term of the penalty to be served by him.
0owever, in no case should the penalty exceed B? years.
If the sentences would be served simultaneously, the #hree$7old rule does not govern.
Although this rule is known as the #hree$7old rule, "ou cannot actuall" appl" this if the convict is
to serve onl" three successive penalties. The Three=Fold 1ule can only be applied if the convict
is to serve four or more sentences successively.
#he chronolog" of the penalties as provided in Article .; of the -evised !enal %ode shall be
followed.
It is in the service of the penalty, not in the imposition of the penalty, that the Three=Fold rule is to
be applied. #he three$7old rule will appl" whether the sentences are the product of one
information in one court, whether the sentences are promulgated in one da" or whether the
sentences are promulgated b" different courts on different da"s. .hat is material is that the
convict shall serve more than three successive sentences.
For purposes of the Three=Fold 1ule, even perpetual penalties are ta#en into account. 3o not
onl" penalties with fixed duration, even penalties without an" fixed duration or indivisible penalties
are taken into account. For purposes of the Three=Fold rule, indivisible penalties are given
e2uivalent of 3; "ears. If the penalty is perpetual dis(ualification, it will be given and e2uivalent
duration of 3; "ears, so that if he will have to suffer several perpetual dis2ualification, under the
#hree$7old rule, "ou take the most severe and multipl" it b" three. The Three=Fold rule does not
apply to the penalty prescribed but to the penalty imposed as determined by the court.
Illustration6
!enalties imposed are
<ne prision correcional minimum 2 "ears and 4 months
<ne arresto ma"or $ 1 month and 1 da" to / months
<ne prision ma"or $ / "ears and 1 da" to 12 "ears
9o not commit the mistake of appl"ing the #hree$ 7old -ule in this case. Never apply the Three=
Fold rule when there are only three sentences. 6ven if "ou add the penalties, "ou can never
arrive at a sum higher than the product of the most severe multiplied b" three.
#he common mistake is, if given a situation, whether the #hree$7old -ule could be applied. (f
asked, if "ou were the &udge, what penalt" would "ou impose, for purposes of imposing the
penalt", the court is not at libert" to appl" the #hree$7old -ule, whatever the sum total of penalt"
for each crime committed, even if it would amount to 1,;;; "ears or more. It is only when the
13/
13.
convict is serving sentence that the prison authorities should determine how long he should stay
in jail.
This rule will apply only if sentences are to be served successively.
Art. E2. 7raduated scales. K )n the case in which the law prescri!e# a
penalt" lower or higher !" one or more #egrees than another given penalt".
the rules prescri!e# in Article A2 shall !e o!serve# in gra#uating such
penalt".
The lower or higher penalt" shall !e ta3en from the gra#uate# scale in
which is comprise# the given penalt".
The courts. in appl"ing such lower or higher penalt". shall o!serve the
following gra#uate# scales:
'CAL +0. 2
2. -eath.
7. Reclusion perpetua.
6. Reclusion temporal.
<. Prision ma"or.
=. Prision correccional.
A. Arresto ma"or.
E. -estierro.
F. Arresto menor.
5. Pu!lic censure.
2G. >ine.
'CAL +0. 7
2. Perpetual a!solute #is$ualification.
7. Temporal a!solute #is$ualification
6. 'uspension from pu!lic office. the right to vote an# !e
vote# for. the right to follow a profession or calling.
<. Pu!lic censure.
=. >ine.
Art. E7. Preference in the payment of the civil liabilities. K The civil
lia!ilities of a person foun# guilt" of two or more offenses shall !e satisfie#
!" following the chronological or#er of the #ates of the :u#gments
ren#ere# against him. !eginning with the first in or#er of time.
the penalties shall be satisfied according to the scale of rt C?
Art. E6. Presumption in regard to the imposition of accessory penalties& K
,henever the courts shall impose a penalt" which. !" provision of law.
carries with it other penalties. accor#ing to the provisions of Articles <G. <2.
<7. <6 an# << of this Co#e. it must !e un#erstoo# that the accessor"
penalties are also impose# upon the convict.
subsidiary penalties are deemed imposed. 0owever, the subsidiary imprisonment
must be expressly stated in the decision.
The rule that the principal penalty imposed carries with it the
accessory penalties does not mean that the accused would serve subsidiary
13.
13B
imprisonment in case he is not able to pay the pecuniary liabilities imposed in
the judgment. ;ubsidiary imprisonment must be epressly ordered.
Art. E<. Penalty higher than reclusion perpetua in certain cases. K )n
cases in which the law prescri!es a penalt" higher than another given
penalt". without speciall" #esignating the name of the former. if such
higher penalt" shoul# !e that of #eath. the same penalt" an# the accessor"
penalties of Article <G. shall !e consi#ere# as the ne%t higher penalt".
if the decision or law sa"s higher than -! or 2 degrees than -#, then the penalt"
imposed is -! or -# as the case ma" be. 3eath must be designated by name.
However, for the other penalties, this does not appl".
0xample* the penalt" for crime F is 2 degrees lower than -!. #he penalt" imposed is
prision ma"or.
Art. E=. Increasing or reducing the penalty of fine by one or more degrees&
K ,henever it ma" !e necessar" to increase or re#uce the penalt" of fine
!" one or more #egrees. it shall !e increase# or re#uce#. respectivel". for
each #egree. !" one8fourth of the ma%imum amount prescri!e# !" law.
without however. changing the minimum.
The same rules shall !e o!serve# with regar# of fines that #o not consist of
a fi%e# amount. !ut are ma#e proportional.
To get the lower degree+
+ax6 reduce b" one$fourth
+in6 the same
'ith respect to the penalt" of fine, if the fine has to be lowered b" degree either because the
felon" committed is onl" attempted or frustrated or because there is an accomplice or an
accessor" participation, the fine is lowered b" deducting 1?4 of the maximum amount of the fine
from such maximum without changing the minimum amount prescribed b" law.
Illustration6
If the penalty prescribed is a fine ranging from ")??.?? to "F??.??, but the felony is frustrated so
that the penalty should be imposed one degree lower, &JB of "F??.?? shall be deducted
therefrom. This is done by deducting "&)F.?? from "F??.??, leaving a difference of "DCF.??.
The penalty one degree lower is "DCF.??. To go another degree lower, "&)F.?? shall again be
deducted from "DCF.?? and that would leave a difference of ")F?.??. Hence, the penalty
another degree lower is a fine ranging from ")??.?? to ")F?.??. If at all, the fine has to be
lowered further, it cannot go lower than ")??.??. ,o, the fine will be imposed at ")??.??. This
rule applies when the fine has to be lowered by degree.
Art. EA. 8egal period of duration of divisible penalties. K The legal perio#
of #uration of #ivisi!le penalties shall !e consi#ere# as #ivi#e# into three
parts. forming three perio#s. the minimum. the me#ium. an# the ma%imum
in the manner shown in the following ta!le:
Art. EE. $hen the penalty is a complex one composed of three distinct
penalties& K )n cases in which the law prescri!es a penalt" compose# of
three #istinct penalties. each one shall form a perio#; the lightest of them
shall !e the minimum the ne%t the me#ium. an# the most severe the
ma%imum perio#.
13B
13:
,henever the penalt" prescri!e# #oes not have one of the forms speciall"
provi#e# for in this Co#e. the perio#s shall !e #istri!ute#. appl"ing !"
analog" the prescri!e# rules.
if there are 3 distinct penalties1 there shall be a minimum, a medium and a maximum
0xample* -eclusion temporal max to death
*C/T)0+ A+- 'RB)C 0> P+ALT)'
Art. EF. $hen and how a penalty is to be executed& K +o penalt" shall !e
e%ecute# e%cept !" virtue of a final :u#gment.
A penalt" shall not !e e%ecute# in an" other form than that prescri!e# !"
law. nor with an" other circumstances or inci#ents than those e%pressl"
authori9e# there!".
)n a##ition to the provisions of the law. the special regulations prescri!e#
for the government of the institutions in which the penalties are to !e
suffere# shall !e o!serve# with regar# to the character of the wor3 to !e
performe#. the time of its performance. an# other inci#ents connecte#
therewith. the relations of the convicts among themselves an# other
persons. the relief which the" ma" receive. an# their #iet.
The regulations shall ma3e provision for the separation of the se%es in
#ifferent institutions. or at least into #ifferent #epartments an# also for the
correction an# reform of the convicts.
>nly penalty by final judgment can be executed. Iudgment is final if the accused has
not appealed within 18 da"s or he has expressl" waived in writing that he will not
appeal.
0n appeal suspends the service of the sentence imposed by the trial
court. In the absence of an appeal, the law contemplates a speedy eecution
of the sentence, and in the orderly administration of justice, the defendant
should be forthwith remanded to the sherif for the eecution of the
judgment.
#here could be no subsidiary liability if it was not expressly ordered in the judgment
Art. E5. +uspension of the execution and service of the penalties in case of
insanity& K ,hen a convict shall !ecome insane or an im!ecile after final
sentence has !een pronounce#. the e%ecution of sai# sentence shall !e
suspen#e# onl" with regar# to the personal penalt". the provisions of the
secon# paragraph of circumstance num!er 2 of article 27 !eing o!serve#
in the correspon#ing cases.
)f at an" time the convict shall recover his reason. his sentence shall !e
e%ecute#. unless the penalt" shall have prescri!e# in accor#ance with the
provisions of this Co#e.
The respective provisions of this section shall also !e o!serve# if the
insanit" or im!ecilit" occurs while the convict is serving his sentence
Cases of insanity+
a5 after final sentence, suspend the sentence regarding the personal penalties
13:
14;
b5 if he recovers, the sentence is executed unless it has prescribed
c' the payment of civil or pecuniary liabilities shall not be suspended
Art FG (as amen#e# !" P- AG6: Chil# an# Houth ,elfare Co#e)
a5 youthful offender over : but under 1B at time of the commission of the offense
0 child nine years of age or under at the time of the commission of the
ofense shall be eempt 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. The same shall be done
for a child over nine years and under %fteen years of age at the time of the
commission of the ofense, unless he acted with discernment, in which case
he shall be proceeded against in accordance with 0rticle )A+.
The .evised $enal &ode declared a youthful ofender to be one who is
under )B years old at the time he committed the crime attributed to him. 5or
him to be entitled to the bene%ts of the law, the sentence must also be made
while the accused is under )B years of age. If the accused is already )B years
old or above upon promulgation, he will no longer be entitled to a suspension
of his sentence.
The suspension of the sentence is only observed if the youthful
ofender commits he crime above nine years and below )B years of age and
the promulgation of the judgment is likewise done while the accused is under
)B years of age.
The suspension of sentence is not automatic or mandatory for the
court to implement. The youthful ofender must apply for suspension.
b5 a "outhful offender held for examination or trial who cannot furnish bail will be
committed to the 93'9?local rehab center or detention home
c- 6udgment of the court shall not be pronounced but suspended except for
the ff cases+
1. those who previousl" en&o"ed a suspension of sentence
2. those convicted of death or life imprisonment
3. those convicted for an offense b" the militar" tribunals
d5 the 93'9 ma" dismiss the case if the "outh behaves properl"
e5 the records of the proceeding shall be privileged and shall not be disclosed
f5 the civil liabilit" of the "outhful offender ma" be voluntar" assumed b" a relative
or a friend
The civil liability for acts committed by a youthful ofender shall
devolve upon the ofender=s father and, in the case of his death or incapacity,
upon the mother, or in case of her death or incapacity, upon the guardian.
&ivil liability may also be voluntarily assumed by a relative or family friend of
the youthful ofender.
g5 the parent or guardian of the child is liable when he aids, abets or connives w?
the commission of the crime or does an act producing, promoting or contributing
to the childCs being a &uvenile delin2uent.
h5 #he penalties for the parent or guardian* 7ine not exceeding 8;; and?or
imprisonment not exceeding 2 "ears
14;
141
Art. F2. $hen and how the death penalty is to be executed. K The #eath
sentence shall !e e%ecute# with preference to an" other an# shall consist
in putting the person un#er sentence to #eath !" lethal in:ection. The #eath
sentence shall !e e%ecute# un#er the authorit" of the -irector of Prisons.
en#eavoring so far as possi!le to mitigate the sufferings of the person
un#er sentence #uring the lethal in:ection as well as #uring the
procee#ings prior to the e%ecution.
The -irector of the (ureau of Corrections shall ta3e steps to insure that the
lethal in:ection to !e a#ministere# is sufficient to cause instantaneous
#eath of the convict.
The #eath sentence shall !e carrie# out not earlier than one(2) "ear !ut not
later than eighteen(2F) months after the :u#gment has !ecome final an#
e%ecutor" without pre:u#ice to the e%ercise !" the Presi#ent of his
clemenc" powers at all times . (#s amended by !#N F'??)
*EA/ PE0AL1
&o (hich crimes imposed"
0pplies only to those crimes which are speci%ed under .0 H6CA. If a
crime is not included in the list of heinous crimes, the penalty cannot be
validly imposed for said crime.
What are heinous crimes?
These are grievous, odious and hateful ofenses, which by reason of
their inherent or manifest wickedness, viciousness, atrocity and perversity
are repugnant and outrageous to the common standards and norms of
decency and morality in a just, civili"ed and ordered society.
What are the heinous crimes under 12 ;@:=?
). Treason
+. Guali%ed piracy P mutiny
,. Guali%ed bribery
3. $arricide
C. @urder
6. Infanticide
H. Qidnapping and ;erious Illegal Fetention
B. .obbery with Domicide
A. .obbery with rape
)7..obbery with Intentional @utilation
))..obbery with arson
)+.Festructive 0rson
),..ape committed with the use of deadly weapon
)3..ape committed by two or more persons
)C..ape with Domicide P 0ttempted rape with homicide
)6..ape under certain circumstances
)H.$lunder
)B.Liolation of .0 63+C, where /uantity involved is more than or e/ual to
that certi%ed under ;ec. +7 thereof
)A. &arnapping where the owner or occupant of the vehicle is killed
Art. F7. Botification and execution of the sentence and assistance to the
culprit& K The court shall #esignate a wor3ing #a" for the e%ecution !ut not
the hour thereof; an# such #esignation shall not !e communicate# to the
offen#er !efore sunrise of sai# #a". an# the e%ecution shall not ta3e place
until after the e%piration of at least eight hours following the notification.
141
142
!ut !efore sunset. -uring the interval !etween the notification an# the
e%ecution. the culprit shall. in so far as possi!le. !e furnishe# such
assistance as he ma" re$uest in or#er to !e atten#e# in his last moments
!" priests or ministers of the religion he professes an# to consult law"ers.
as well as in or#er to ma3e a will an# confer with mem!ers of his famil" or
persons in charge of the management of his !usiness. of the
a#ministration of his propert". or of the care of his #escen#ants.
9esignate a working da" w?c shall not be communicated to the offender before the
sunrise of said da". #he execution shall not take place until after the expiration of at
least B hrs following such notification.
0e can execute a will.
Art. F6. +uspension of the execution of the death sentence. K The #eath
sentence shall not !e inflicte# upon a woman while she is pregnant or
within one(2) "ear after #eliver". nor upon an" person over sevent" "ears of
age. )n this last case. the #eath sentence shall !e commute# to the penalt"
of reclusion perpetua with the accessor" penalties provi#e# in Article <G.
)n all cases where the #eath sentence has !ecome final. the recor#s of the
case shall !e forwar#e# imme#iatel" !" the 'upreme Court to the 0ffice of
the Presi#ent for possi!le e%ercise of the par#oning power. (#s amended by
+ec& (>, !#N ?9>:)
3eath sentence commuted to *4+
a5 woman, while pregnant or within 1 "r after deliver" 4onl" suspended5
b5 person over .; "ears old.
Art. F<. Place of execution and persons who may witness the same. K The
e%ecution shall ta3e place in the penitentiar" or (ili!i# in a space close# to
the pu!lic view an# shall !e witnesse# onl" !" the priests assisting the
offen#er an# !" his law"ers. an# !" his relatives. not e%cee#ing si%. if he
so re$uest. !" the ph"sician an# the necessar" personnel of the penal
esta!lishment. an# !" such persons as the -irector of Prisons ma"
authori9e.
Art. F=. Provisions relative to the corpse of the person executed and its
burial& K /nless claime# !" his famil". the corpse of the culprit shall. upon
the completion of the legal procee#ings su!se$uent to the e%ecution. !e
turne# over to the institute of learning or scientific research first appl"ing
for it. for the purpose of stu#" an# investigation. provi#e# that such
institute shall ta3e charge of the #ecent !urial of the remains. 0therwise.
the -irector of Prisons shall or#er the !urial of the !o#" of the culprit at
government e%pense. granting permission to !e present thereat to the
mem!ers of the famil" of the culprit an# the frien#s of the latter. )n no case
shall the !urial of the !o#" of a person sentence# to #eath !e hel# with
pomp.
Art. FA. !eclusion perpetua, reclusion temporal, prision mayor, prision
correccional and arresto mayor& K The penalties of reclusion perpetua.
reclusion temporal. prision ma"or. prision correccional an# arresto ma"or.
142
143
shall !e e%ecute# an# serve# in the places an# penal esta!lishments
provi#e# !" the A#ministrative Co#e in force or which ma" !e provi#e# !"
law in the future.
Art. FE. -estierro. K An" person sentence# to #estierro shall not !e
permitte# to enter the place or places #esignate# in the sentence. nor
within the ra#ius therein specifie#. which shall !e not more than 7=G an#
not less than 7= 3ilometers from the place #esignate#.
3estierro shall be imposed in the ff cases+
a5 death or serious ph"sical in&uries is caused or are inflicted under exceptional
circumstance
b5 person fails to give bond for good behavior
c5 concubineCs penalt" for the crime of concubinage
d5 lowering the penalt" b" degrees
Execution of 3istierro
a' %onvict shall not be permitted to enter the place designated in the sentence nor
within the radius specified, which shall not be more than 28; and not less than 28
km from the place designated.
b' (f the convict enters the prohibited area, he commits evasion of sentence
Art. FF. #rresto menor. K The penalt" of arresto menor shall !e serve#
in the municipal :ail. or in the house of the #efen#ant himself un#er the
surveillance of an officer of the law. when the court so provi#es in its
#ecision. ta3ing into consi#eration the health of the offen#er an# other
reasons which ma" seem satisfactor" to it.
1erved where+
(n the municipal &ail
(n the house of the offender, but under the surveillance of an officer of the law
whenever the court so provides in the decision due to the health of the offender. =ut
the reason is not satisfactor" &ust because the offender is a respectable member of
the communit"
*T)+CT)0+ 0> CR)&)+AL L)A()L)TH
Art. F5. @ow criminal liability is totally extinguished. K Criminal lia!ilit"
is totall" e%tinguishe#:
re=election to public office is not one of the grounds by which criminal liability is extinguished.
This is only true to administrative cases but not criminal cases.
(2) (" the #eath of the convict. as to the personal penalties an# as to
pecuniar" penalties. lia!ilit" therefor is e%tinguishe# onl" when the #eath
of the offen#er occurs !efore final :u#gment.
6xtinguishment of criminal liabilit" is a ground of motion to 2uash
%riminal liabilit" whether before or after final &udgment is extinguished upon death
because it is a personal penalt"
!ecuniar" penalt" is extinguished onl" when death occurs before final &udgement.
44 vs. BAC!TA1
). Feath of the accused pending appeal of his conviction etinguishes his
criminal liability as well as the civil liability based solely thereon.
143
144
+. The claim of civil liability survives notwithstanding the death of
accused, if the same may also be predicated on a source of obligation
other than delict.
,. #here the civil liability survives, an action for recovery therefore, may
be pursued but only by way of %ling a separate civil action and subject
to ;ection ) .ule ))) of the )ABC .ules on &riminal $rocedure as
amended. This separate civil action may be enforced either against the
eecutorPadministrator of the estate of the accused, depending on the
source obligation upon which the same is based as eplained above.
If the act or omission complained of gives rise to a cause of action
arising from /uasi!delict, the separate civil action must be %led against the
eecutor or administrator of the estate of the accused pursuant to ;ec. ),
.ule BH of the .ules of &ourt.
If the same act or omission complained of also arises from contract, the
separate civil action must be %led against the estate of the accused, pursuant
to ;ec. C, .ule B6 of the .ules of &ourt.
#hen the civil liability does not arise from a certain crime and
predicated on law, contract, /uasi!contract, or /uasi!delict, the civil liability
survives notwithstanding the death of the accused during the pendency of
the trial of a criminal action or appeal.
#hat is contemplated in 0rticle BA is that the accused who died before
the %nality of a verdict or conviction cannot be ordered to make restitution,
reparation or indemni%cation to the ofended party by way of moral and
eemplary damages.
#here there are several accused, the death of one does not result to
the dismissal of the action because the liabilities, whether civil or criminal of
said accused are distinct and separate.
The death of the ofended party pending the trial is not included in the
total etinction of criminal liability under 0rt. BA, neither is it a ground for the
dismissal of a criminal complaint or information. (Pp vs& ,undalian, ''? +"!# ?'F)
(7) (" service of the sentence
%rime is a debt, hence extinguished upon pa"ment
3ervice does not extinguish civil liabilit"
.(6) (" amnest". which completel" e%tinguishes the penalt" an# all its
effects
Amnesty is an act of the sovereign power granting oblivion or general pardon. (t wipes
all traces and vestiges of the crime but does not extinguish civil liabilit"
(<) (" a!solute par#on
4ardon an act of grace proceeding from the power entrusted w? the execution of
laws, which exempts the individual from the punishment the law inflicts for the crime.
"ardon, although absolute does not erase the effects of conviction. !ardon onl" excuses the
convict from serving the sentence. There is an exception to this and that is when the pardon was
granted when the convict had already served the sentence such that there is no more service of
sentence to be executed then the pardon shall be understood as intended to erase the effects of
the conviction. =ut if he was serving sentence when he was pardoned, that pardon will not wipe
out the effects of the crime, unless the language of the pardon absolutel" relieve the offender of
144
148
all the effects thereof. *onsidering that recidivism does not prescribe, no matter how long ago
was the first conviction, he shall still be a recidivist.
.hen the crime carries with it moral turpitude, the offender even if granted pardon shall still
remain dis2ualified from those falling in cases where moral turpitude is a bar.
In 'onsanto v. 9actoran (r. $J@ 1C*A $%$. it was held that absolute pardon does not ipso
facto entitle the convict to reinstatement to the public office forfeited b" reason of his conviction.
lthough pardon restores his eligibility for appointment to that office, the pardoned convict must
reapply for the new appointment
A&+'TH PAR-0+
6xtended to classes of persons who ma" be
guilt" of political offenses
6xercised individuall" b" the president 4an"
crime5
6xercised even before trial or investigation 6xercised when one is convicted
>ooks backward and abolishes the offense
itself
>ooks forward and relieves the offender of the
conse2uences
9oes not extinguish civil liabilit" 3ame
A public act that needs the declaration of the
president with the concurrence of %ongress
A private act of the president
%ourts should take &udicial notice Must be pleaded and proved
"ardon becomes valid only when there is a final judgment. If given before this, it is premature
and hence void. There is no such thing as a premature amnesty, because it does not re(uire a
final judgment- it may be given before final judgment or after it.
(=) (" prescription of the crime
'hen the crime prescribes, the state loses the right to prosecute
4rescription of a crime is the loss?forfeiture of the right of the state to prosecute
the offender after the lapse of a certain time.
(A) (" prescription of the penalt"
+eans6 the loss?forfeiture of the right of government to execute the final sentence
after the lapse of a certain time. %onditions* there must be final &udgement and the
period has elapsed.
(A) (" the marriage of the offen#e# woman. as provi#e# in Art 6<< of
this Co#e
(n the case of marriage, do not sa" that it is applicable for the crimes under Article &AA. It is
only true in the crimes of rape abduction seduction and acts of lasciviousness. 9o not sa"
that it is applicable to private crimes because the term includes adulter" and concubinage.
Marriages in these cases ma" even compound the crime of adulter" or concubinage. It is only in
the crimes of rape, abduction, seduction and acts of lasciviousness that the marriage by the
offender with the offended woman shall extinguish civil liability, not only criminal liability of the
principal who marries the offended woman, but also that of the accomplice and accessory, if there
are any.
%o$principals who did not themselves directl" participate in the execution of the crime but who
onl" cooperated, will also benefit from such marriage, but not when such co$principal himself took
direct part in the execution of the crime.
+arriage as a ground for extinguishing civil liability must have been contracted in good faith. #he
offender who marries the offended woman must be sincere in the marriage and therefore must
actuall" perform the duties of a husband after the marriage, otherwise, notwithstanding such
marriage, the offended woman, although alread" his wife can still prosecute him again, although
the marriage remains a valid marriage. 9o not think that the marriage is avoided or annulled.
148
14/
#he marriage still subsists although the offended woman ma" re$file the complaint. #he 3upreme
%ourt ruled that marriage contemplated must be a real marriage and not one entered to and not
&ust to evade punishment for the crime committed because the offender will be compounding the
wrong he has committed.
In cases of multiple rapes, however, the principle does not apply.
Thus, if 0, 4 and & raped # in that when 0 was having se with #, 4 and &
were holing the legs and arms, and when it was 4=s turn, 0 and & were the
ones holding #=s legs and arms, and when & was the one having se with #,
the ones holding her arms and legs were 0 and 4. 'ven if later on, 0
contracted marriage with #, there is no etinction of penal responsibility
because this is a case of multiple rapes.
The grant of probation may be considered as a form of e-tinction
of criminal liability which was bestowed while accused who has never been
encarcerated, was out on bail, may thus be categori"ed as total etinction
thereof. Dowever, if it was granted after the conviction of the accused who
was in jail, it can be considered as partial etinction only. It must be noted
however, that unlike in service of sentence, in probation, the probationer is
still re/uired to report to $robation O9cer at a certain period until the
duration of the probation period.
Art. 5G. Prescription of crime. K Crimes punisha!le !" #eath. reclusion
perpetua or reclusion temporal shall prescri!e in twent" "ears.
Crimes punisha!le !" other afflictive penalties shall prescri!e in fifteen
"ears.
Those punisha!le !" a correctional penalt" shall prescri!e in ten "ears;
with the e%ception of those punisha!le !" arresto ma"or. which shall
prescri!e in five "ears.
The crime of li!el or other similar offenses shall prescri!e in one "ear.
The crime of oral #efamation an# slan#er !" #ee# shall prescri!e in si%
months.
Light offenses prescri!e in two months.
,hen the penalt" fi%e# !" law is a compoun# one. the highest penalt" shall
!e ma#e the !asis of the application of the rules containe# in the first.
secon# an# thir# paragraphs of this article. (#s amended by !# J99', approved
<une ':, ':99.)
In computing for the period, the first da" is excluded and the last da" included.
3ub&ect to leap "ears
.hen the last day of the prescriptive period falls on a ,unday or a legal holiday, the
info can no longer be filed the ff da"
,imple slander prescribes in 2 months and grave slander in / months
3ince destierro is a correctional penalt", it prescribes in 1; "ears. Afflictive penalties,
18 "ears.
If compound penalty, basis will be the highest penalt"
14/
14.
%)ense punished (ith a Ane
To determine whether the prescriptive period of an ofense punished
with a %ne is imposed as a single or as an alternative penalty, such %ne
should not be reduced or converted into a prison term. It should be classi%ed
into an aRictive, correctional, or light penalty pursuant to 0rticle +6.
#hen %ne is imposed as an alternative penalty to imprisonment
4imposed together w? a penalt" lower than the fine5, and %ne constitute a higher
penalty than the penalty of imprisonment, the basis of the prescriptive period
should be the %ne.
The rule on prescription as to %nes does not refer to subsidiary
imprisonment. It takes into consideration the nature of the penalty as
aRictive, correctional and light. It is a rule that prescriptive period is always
based on the %ne even if there is a subsidiary imprisonment.
"rescription begins to run from the discovery thereof. (nterrupted when proceedings
are instituted and shall begin to run again when the proceedings are dismissed.
The defense of prescription cannot be waived and it may be raised during the
trial or even on appeal. Dowever, the defense of prescription of crime cannot
defeat the right of the state to recover its properties which were unlawfully
ac/uired by public o9cials.
!rescription does not take awa" the courtCs &urisdiction but onl" absolves the
defendant and ac2uits him.
'tinction of crime by prescription does not etinguish civil liability unless
etinction proceeds from a declaration in a %nal judgment that the fact from
which the civil liability might arise did not eist.
#here the special law such as the &opyright <aw provides for its own
prescriptive period, said special law will govern. 0ct ,,+6 will not be applied.
!rescription of Crimes (2rt. =>)
Penalty or Felony Time after which Crime will Prescribe
Feath, reclusion perpetua or
reclusion temporal
+7 years
Other aRictive penalties )C years
&orrectional penalty, ecept arresto
mayor
)7 years
0rresto mayor C years
<ibel or other similar ofenses ) year
Oral defamation and slander by deed 6 months
<ight ofenses + months
!rescriptive periods of o)enses punished under special la(s and
municipal ordinances (2ct #o. 8;@8)
Penalty or Offense Time after which offense will prescribe
5ine only* or
imprisonment for not more than )
month,
Or both,
) year
Imprisonment for more than ) month,
but less than + years
3 years
14.
14B
Imprisonment for + years or more but
less than 6 years
B years
Imprisonment for 6 years or more )+ years
Internal .evenue <aw ofenses C years
Liolations of municipal ordinances + months
Liolations of the regulations or
conditions of certi%cate of
convenience by the $ublic ;ervice
&ommission
+ months
Art. 52. "omputation of prescription of offenses. K The perio# of
prescription shall commence to run from the #a" on which the crime is
#iscovere# !" the offen#e# part". the authorities. or their agents. an# shall
!e interrupte# !" the filing of the complaint or information. an# shall
commence to run again when such procee#ings terminate without the
accuse# !eing convicte# or ac$uitte#. or are un:ustifia!l" stoppe# for an"
reason not imputa!le to him.
The term of prescription shall not run when the offen#er is a!sent from the
Philippine Archipelago.
&he aforementioned rule6 ho(ever is not applicable in the follo(ing
cases1
a. In continuing crimes where the prescriptive period will start to run only
at the termination of the intended result*
b. In crimes which are not concealed because there is a constructive
notice to the public, such as to those which involve a public document
registered in public o9ces. It is a rule that registration is tantamount to
a declaration to the whole world. In such cases, the prescriptive period
shall commence from the time of the registration of the document.
c. In the crime of false testimony where the prescriptive period is
reckoned from the day of %nal judgment is rendered by the court and
not at the time the false testimony was made.
If there is nothing concealed 4appears in a public document5, the crime commences
to run on the date of the commission
!eriod of prescription for crimes that is continuing never runs
Crime needs to be discovered by+
a5 offended part"
b5 authorities
c5 their agents
(f a person witnesses the crime but onl" tells the authorities 28 "ears later,
prescription commences on the da" the authorities were told.
<Commission of the crime is public= == This does not mean alone that the crime was within
public #nowledge or committed in public.
Illustration6
(n the crime of falsification of a document that was registered in the proper registr" of the
government like the -egistr" of !ropert" or the -egistr" of 9eeds of the %ivil registr", the
falsification is deemed public from the time the falsified document was registered or recorded in
such public office so even though, the offended part" ma" not reall" know of the falsification, the
prescriptive period of the crime shall alread" run from the moment the falsified document was
recorded in the public registr". 3o in the case where a deed of sale of a parcel of land which was
falsified was recorded in the corresponding -egistr" of !ropert", the owner of the land came to
14B
14:
know of the falsified transaction onl" after 1; "ears, so he brought the criminal action onl" then.
#he 3upreme %ourt ruled that the crime has alread" prescribed. From the moment the falsified
document is registered in the 1egistry of "roperty, the prescriptive period already commenced to
run ,Constructive notice rule-.
Khat interrupts prescriptionF
a5 preliminar" examination or investigation w?c is similar to &udicial proceeding
b5 filing the proper complaint w? the fiscalCs office and the prosecutor. !olice not
included.
c5 7iling complaint with the court that has proper &urisdiction
The prescription of the crime is interrupted or suspended /
%&' 'hen a complaint is filed in a proper baranga" for conciliation or mediation as re2uired
b" %hapter ., >ocal Eovernment %ode, but the suspension of the prescriptive period is
good only for H? days. fter which the prescription will resume to run, whether the
conciliation or mediation is terminated for not-
%)' 'hen criminal case is filed in the prosecutorCs office, the prescription of the crime is
suspended until the accused is convicted or the proceeding is terminated for a cause not
attributable to the accused.
Doliday is not a legal e9cient cause which interrupts the prescription
of the ofense. #here the last day to %le an information falls on a ;unday or
legal holiday, the prescriptive period cannot be etended up to the net
working day.
$ut where the crime is subject to ,ummary "rocedure, the prescription of the crime will be
suspended onl" when the information is alread" filed with the trial court. (t is not the filing of the
complaint, but the filing of the information in the trial which will suspend the prescription of the
crime.
If the case involves a minor ofense and it is %led in the %scal=s o9ce,
the %ling of the case in the %scal=s o9ce will not interrupt the running of the
period of prescription.
Khen the period commences to run again
a5 'hen the proceeding is terminated without the accused being convicted or
ac2uitted
b5 'hen the proceeding is un&ustifiabl" stopped for a reason not imputable to the
offender
3when such proceedings terminate2 termination that is final1 an unappealed
conviction or ac2uittal
3unjustifiably stopped for any reason2 example* accused evades arrest, proceedings
must be stopped
rt A& applies to a special law when said law does not provide for the application but
onl" provides for the period of prescription
The prevailing rule now is, prescription of the crime is not waivable, 'hen a crime prescribes, the
3tate loses the right to prosecute the offender, hence, even though the offender may not have
filed a motion to (uash on this ground the trial court, but after conviction and during the appeal he
learned that at the time the case was filed, the crime has already prescribed, such accused can
raise the (uestion of prescription even for the first time on appeal, and the appellate court shall
have no jurisdiction to continue, if legally, the crime has indeed prescribed.
Art. 57. $hen and how penalties prescribe. K The penalties impose# !"
final sentence prescri!e as follows:
14:
18;
2. -eath an# reclusion perpetua. in twent" "ears;
7. 0ther afflictive penalties. in fifteen "ears;
6. Correctional penalties. in ten "ears; with the e%ception of the penalt"
of arresto ma"or. which prescri!es in five "ears;
<. Light penalties. in one "ear.
When !enalties !rescribe (2rt. =7)
Penalty Prescripti"e Period
Feath
.eclusion perpetua
+7 years
Other aRictive penalties )C years
&orrectional penalties, ecept arresto
mayor
)7 years
0rresto mayor C years
<ight penalties ) year
)ote that final sentence must be imposed
The penalty, to be subject of prescription must have been imposed by
%nal judgment. Thus, if 0 after conviction by the trial court, appealed the
decision, and escaped from jail where he has been detained during the trial,
the penalty will never prescribe. In prescription of penalty, the ofender must
be serving sentence, and must have escaped, committing the crime of
'vasion of ;entence. 5rom the day he escaped, the prescription of penalty
commence to run.
!roblem" 0 was sentenced to reclusion temporal for homicide and
while serving sentence, for Manuary ), )AB7. De must be able to elude
authorities up to Manuary +, )AAC to consider the penalty prescribed.
;upposed he was arrested after %ve -C( years of escape 8 that is, on Manuary
), )ABC, and was able to hide for just ten -)7( more years. The %ve!year
period during his %rst escape must have to be considered for purposes of
completing the %fteen -)C(!year period for the prescription of the penalty of
Domicide.
(f a convict can avail of mitigating circumstances and the penalt" is lowered, it is still
the original penalt" that is used as the basis for prescription. 0owever, if the convict
alread" serves a portion of his sentence and escapes after, the penalt" that was
imposed 4not the original5 shall be the basis for prescription
7ines less than 2;; fall under light penalt". #hose above are correccional.
Art. 56. "omputation of the prescription of penalties. K The perio# of
prescription of penalties shall commence to run from the #ate when the
culprit shoul# eva#e the service of his sentence. an# it shall !e interrupte#
if the #efen#ant shoul# give himself up. !e capture#. shoul# go to some
foreign countr" with which this Government has no e%tra#ition treat". or
shoul# commit another crime !efore the e%piration of the perio# of
prescription.
lements:
a5 penalt" is final
b5 convict evaded the sentence
c5 convict has not given himself up
18;
181
d5 penalt" has prescribed because of lapse of time from the date of the evasion of
the service of the sentence
<n the prescription of the penalt", the period will onl" commence to run when the convict has
begun to serve the sentence. ctually, the penalty will prescribe from the moment the convict
evades the service of the sentence. 3o if an accused was convicted in the trial court, and the
conviction becomes final and executor", so this fellow was arrested to serve the sentence, on the
wa" to the penitentiar", the vehicle carr"ing him collided with another vehicle and overturned,
thus enabling the prisoner to escape, no matter how long such convict has been a fugitive from
&ustice, the penalt" imposed b" the trial court will never prescribe because he has not "et
commenced the service of his sentence. For the penalty to prescribe, he must be brought to
+untinlupa, boo#ed there, placed inside the cell and thereafter he escapes.
Interruption of the period
(f the defendant surrenders
(f he is captured
(f he should go into a foreign countr" with which the !hilippines has no
extradition treat"
"resently the "hilippines has an extradition treaty with Taiwan, Indonesia, *anada, ustralia,
:, and ,wit!erland
(f he should commit another crime before the expiration of the period of
prescription
The moment the convict commits another crime while he is fugitive from justice, prescriptive
period of the penalty shall be suspended and shall not run in the meantime. The crime
committed does not include the initial evasion of service of sentence that the convict must
perform before the penalty shall begin to prescribe, so that the initial crime of evasion of service
of sentence does not suspend the prescription of penalty, it is the commission of other crime,
after the convict has evaded the service of penalty that will suspend such period.
Acceptance of a conditional pardon4"eople v. "untilos'
(f a government has an extradition treat" w? the countr" to w?c a convict escaped and
the crime is not included in the treat", the running of the prescription is interrupted
3entence evasion clearl" starts the running of the prescription. (t does not interrupt it.
cceptance of the conditional pardon interrupts the prescriptive period.
1olito 7o case* since he was captured, he is onl" supposed to serve the remainder
of his sentence. 1eason6 during the period he escaped, his existence is one of fear
and discomfort
Art. 5<. Partial 6xtinction of criminal liability& K Criminal lia!ilit" is
e%tinguishe# partiall":
2. (" con#itional par#on;
7. (" commutation of the sentence; an#
6. >or goo# con#uct allowances which the culprit ma" earn while he is
serving his sentence.
Con#itional par#on contract between the sovereign power of the executive and the
convict
%onvict shall not violate an" of the penal laws of the !hilippines
,iolation of conditions*
<ffender is re$arrested and re$incarcerated
181
182
!rosecution under Art. 18:
Commutation change in the decision of the court b" the chief regarding the
415 degree of the penalt"1
425 b" decreasing the length of the imprisonment or fine
Commutation allowed when+
a5 person over .; "rs old
b5 1; &ustices fail to reach a decision affirming the death penalt"
%onsent not necessar" in commutation
!risoner is also allowed special time allowance for loyalty w?c is 1?8 deduction of
the period of his sentence.
Parole consists in the suspension of the sentence of a convict after serving the
minimum term of the indeterminate penalt", without granting pardon, prescribing the
terms upon which the sentence shall be suspended. In case his parole conditions are
not observed, a convict ma" be returned to the custod" and continue to serve his
sentence without deducting the time that elapsed.
C0+-)T)0+AL PAR-0+ PAR0L
Eiven after final &udgement Eiven after service of the minimum penalt"
Eranted b" %hief 6xecutive Eiven b" the =d of !ardons and !arole
7or violation, convict ma" not be prosecuted
under 18:
7or violations, ma" be rearrested, convict
serves remaining sentence
7ood conduct allowance during confinement
9eduction for the term of sentence for good behavior
Goo# con#uct allowance
#his includes the allowance for lo"alt" under Article :B, in relation to Article 18B. convict who
escapes the place of confinement on the occasion of disorder resulting from a conflagration,
earth(ua#e or similar catastrophe or during a mutiny in which he has not participated and he
returned within B@ hours after the proclamation that the calamity had already passed, such
convict shall be given credit of &JF of the original sentence from that allowance for his loyalty of
coming bac#. #hose who did not leave the penitentiar" under such circumstances do not get
such allowance for lo"alt". rticle &F@ refers only to those who leave and return.
Art. 5=. ;bligation incurred by person granted conditional pardon. K
An" person who has !een grante# con#itional par#on shall incur the
o!ligation of compl"ing strictl" with the con#itions impose# therein
otherwise. his non8compliance with an" of the con#itions specifie# shall
result in the revocation of the par#on an# the provisions of Article 2=5 shall
!e applie# to him.
%ondition of pardon is limited to unserved portion of the sentence, unless an
intention to extend it be"ond the time is manifest
Art. 5A. 6ffect of commutation of sentence. K The commutation of the
original sentence for another of a #ifferent length an# nature shall have the
legal effect of su!stituting the latter in the place of the former.
Art. 5E. #llowance for good conduct. K The goo# con#uct of an"
prisoner in an" penal institution shall entitle him to the following
#e#uctions from the perio# of his sentence:
182
183
2. -uring the first two "ears of his imprisonment. he shall !e allowe# a
#e#uction of five #a"s for each month of goo# !ehavior;
7. -uring the thir# to the fifth "ear. inclusive. of his imprisonment. he
shall !e allowe# a #e#uction of eight #a"s for each month of goo#
!ehavior;
6. -uring the following "ears until the tenth "ear. inclusive. of his
imprisonment. he shall !e allowe# a #e#uction of ten #a"s for each month
of goo# !ehavior; an#
<. -uring the eleventh an# successive "ears of his imprisonment. he
shall !e allowe# a #e#uction of fifteen #a"s for each month of goo#
!ehavior.
Allowance for good conduct not applicable when prisoner released under conditional
pardon.
Eood conduct time allowance is given in consideration of good conduct of prisoner
while he is serving sentence.
Allowances for Goo# con#uct per "ear
Cears Allowance
7irst 2 "ears 8 da"s per month of good behavior
3
rd
to 8
th
"ears B da"s per month of good behavior
7ollowing "ears up to 1;
th
"ear 1; da"s per month of good behavior
11
th
"ear and successive "ears 18 da"s per month of good behavior
Art. 5F. +pecial time allowance for loyalty. K A #e#uction of one8fifth of
the perio# of his sentence shall !e grante# to an" prisoner who. having
eva#e# the service of his sentence un#er the circumstances mentione# in
article 2=F of this Co#e. gives himself up to the authorities within <F hours
following the issuance of a proclamation announcing the passing awa" of
the calamit" or catastrophe to in sai# article.
1pecial time allowance for loyalty of prisoners*
#he article applies onl" to prisoners who escaped
deduction of 1?8 of the period of sentence of prisoner who having evaded the
service of his sentence during the calamit" or catastrophe mentioned in Art 18B,
gives himself up to the authorities w?in 4B hrs ff the issuance of the proclamation
b" the !resident announcing the passing awa" of the calamit" or catastrophe
deduction based on the original sentence and not on the unexpired portion
Art $8# provides for increased penalties+
$ a convict who has evaded the service of his sentence b" leaving the penal
institution on the occasion of disorder resulting from conflagration, earth2uake or
similar catastrophe or during mutin" in which he did not participate is liable to an
increased penalt" 41?8 of the time still remaining to be served not to exceed /
months5, if he fails to give himself up to the authorities w?in 4B hrs ff the issuance of a
proclamation b" the !resident announcing the passing awa" of the calamit".
Art. 55. $ho grants time allowances. K ,henever lawfull" :ustifie#. the
-irector of Prisons shall grant allowances for goo# con#uct. 'uch
allowances once grante# shall not !e revo3e#.
183
184
a5 authorit" to grant time allowance for good conduct is exclusivel" vested in the
9irector of prisons 4e.g. provincial warden cannot usurp 9irectorCs authorit"5
b5 it is not an automatic right and once granted, cannot be revoked b" him
C)B)L L)A()L)TH
2cts or omissions resulting in felonies produce t(o classes of
inuries. The %rst injury is directed against the state and is known as 3social
inury4. The ofended party is the government or the collective right of our
people. It is repaired through the imposition of penalties. The second injury is
directed to the private ofended party and is known as 3personal inury4.
The injury is caused to the victim of the crime who may have sufered
damage, either to his person, to his property, or to his honor which is
compensated by way of indemnity which is civil in nature.
0 person criminally liable is also civilly liable. The award of civil
damages arising from crime is governed by the .evised $enal &ode, subject
to the provisions of 0rticle ,+, ,, and ,3 of the Kew &ivil &ode. $rocedural
aspect of the civil liability of the accused, .ule ))) of the .evised .ules of
&ourt governs. /ection 56 1ule 555 provides that1
;ection ). Institution of criminal and civil actions. 8 #hen a criminal
action is instituted, the civil action for the recovery of civil liability is implied
instituted with the criminal action, unless the ofended party waives the civil
action, reserves his right to institute it separately, or institutes the civil action
prior to the criminal action.
0 waiver of any of the civil actions etinguishes the others. The
institution of, or the reservation of the right to %le, any of said civil actions
separately waives the others.
In no case may the ofended party recover damages twice for the same
act or omission of the accused.
In cases wherein the amount of damages, other than actual, is alleged
in the complaint or information, the corresponding %ling fees shall be paid by
the ofended party upon the %ling thereof in court for trial.
&ivil liability in the aforecited rule is predicted on the crime committed
by the ofender. If the civil liability arose from crimes covered under $rticles
*'& ** and *: and '/9; of the <ew Civil Code& an independent civil action
can be instituted& either before or after the +ling of the criminal case&
provided that in the latter case& the o1ended party ma,es an e-press
reservation to +le a separate civil action. #hen a civil action is %led as stated
above, the same is suspended upon %ling of the criminal action, meaning, the
trial is not to be done until the criminal case is resolved or decided. This rule,
however, is not applicable if the civil liability that is separately instituted,
arises or originates from the provisions of 0rticles ,+, ,, and ,3 of the &ivil
&ode.
It is necessary, however that the civil liability under all said articles
arise from the same act or omission of the accused.
#hen the civil liability arising from the crime is diferent from civil
liability arising from the &ivil &ode, if civil liability is already awarded in the
criminal action, the ofender cannot again claim civil liability arising from
crime, and one arising from /uasi!delict.
Civil Liabilities vs. !ecuniary Liabilities
Ci"il Liability Pecuniary Liability
184
188
Includes reparation of damage
caused and indemni%cation for
conse/uential damages
Includes reparation of damages
caused and indemni%cation for
conse/uential damages
Includes restitution Foes not include restitution
Foes not include %nes and costs of
the proceedings
Includes %ne and the costs of the
proceedings
Art. 2GG. "ivil liability of a person guilty of felony. K ver" person
criminall" lia!le for a felon" is also civill" lia!le.
(asis:
obligation to repair or to make whole the damage caused to another b" reason of an act
or omission, whether done intentionall" or negligentl" and whether or not punishable b"
law
If the crime is one from which no civil liability may arise, like Illegal
$ossession of 5irearm -$.F. )B66 as amended by ..0. B+A3(, or illegal sale,
transport or possession of prohibited drugs -..0. 63++C as amended by ..0.
H6CA(, the convict incurs no civil liability.
-ual character of the crime as against:
a5 the state because of the disturbance of peace and order
b5 the private person in6ured unless it involves the crime of treason, rebellion,
espionage, contempt and others where no civil liabilit" arises on the part of
the offender either because there are no damages or there is no private
person in&ured b" the crime
The civil liability of the accused may be enforced in the criminal action
or in a direct civil action. The choice is in the ofended party. If his preference
is to prosecute the civil action in the criminal proceedings, he cannot be
compelled to institute a separate civil action instead. (Pp vs& 7uido, >? Phil& >()
-amage that ma" !e recovere# in criminal cases:
*rimes against persons, li#e crime of physical injuries whatever he spent for
treatment of wounds, doctorCs fees, medicines as well as salar" or wages unearned
+oral 8amages* seduction, abduction, rape or other lascivious acts, adulter" or
concubinage, illegal or arbitrar" detention or arrest, illegal search, libel, slander or
an" other form of defamation, malicious prosecution
0xemplary 8amages* imposed when crime was committed with one or more
aggravating circumstances
/!TE1+
a5 (f there is no damage caused b" the commission of the crime, offender is not civill"
liable
b5 9ismissal of the info or the crime action does not affect the right of the offended part"
to institute or continue the civil action alread" instituted arising from the offense,
because such dismissal does not carr" with it the extinction of the civil one.
c) 'hen accused is ac2uitted on ground that his guilt has not been proven be"ond
reasonable doubt, a civil action for damages for the same act or omission ma" be
instituted
#hen during the trial what was established was only the civil aspect of
the case and the same facts adduced did not constitute a crime, civil liability
is also awarded. (Padilla vs& "ourt of #ppeals, '(: +"!# >>F)
d) 6xemption from criminal liabilit" in favor of an imbecile or insane person, and a
person under : "rs, or over : but under 18 who acted w? discernment and those
188
18/
acting under the impulse of irresistible force or under the impulse of an uncontrolable
fear of an e2ual or greater in&ur" does not include exemption from civil liabilit".
e) Ac2uittal in the criminal action for negligence does not preclude the offended part"
from filing a civil action to recover damages, based on the theor" that the act is
2uasi$delict
f) 'hen the court found the accused guilt" of criminal negligence but failed to enter
&udgement of civil liabilit", the private prosecutor has a right to appeal for the
purposes of the civil liabilit" of the accused. #he appellate court ma" remand the
case to the trial court for the latter to include in its &udgement the civil liabilit" of the
accused
#here the accused was convicted in a criminal case but the court did
not make any pronouncement on his civil liability, such omission on the part
of the court will not operate to prevent or bar the ofended party to %le a
separate civil action. (,achrach Aotors, Inc& vs& 7amboa, 'G' Phil& '(':) ;ilence is
the declaration that the same is reserved by the complainant and will not
operate as res adjudicata.
g) =efore expiration of the 18$da" for appealing, the trial court can amend the
&udgement of conviction b" adding a provision for the civil liabilit" of the accused,
even if the convict has started serving the sentence.
h) n independent civil action may be brought by the injured party during the pendency
of the criminal case provided the right is reserved& !eservation is necessary in the ff
cases/
1. an" of the cases referred to in Art 32 4violation of ones fundamental
rights5
2. defamation, fraud and ph"sical in&ur" 4bodil" in&ur" and not the crime of
ph"sical in&ur"54Art.335
3. civil action is against a member of a cit" or municipal police force for
refusing or failing to render aid or protection to an" person in case of
danger to life or propert"4Art.345
4. in an action for damage arising from fault or negligence and there is no
pre$existing contractual relation between the parties 42uasi$delict5
4Art.21./5
i) 4re6udicial Huestion one w?c arises in a case, the resolution of which is a logical
antecedent of the issue involved in said case and the cogni+ance of which pertains
to another tribunal.
The following reBuisites must be present1
'& The civil case involves facts intimately related with those of the
criminal case* and
(& The resolution of the issue or issues raised in the civil action wherein
the guilt or innocence of the accused would necessarily be determined.
(+ec& >, !ule ''', !!")
For the principle to apply, it is essential that there be 2 cases involved, a civil and a
criminal case. !re&udicial 2uestions ma" be decided before an" criminal prosecution
ma" be instituted or ma" proceed.
An independent civil action ma" be brought b" the in&ured part" during the pendenc"
of the criminal case, provided that the right is reserved
#hen the civil aspect of the case is not reserved but is prosecuted in
the criminal action, the ofended party may, by appropriate motion, pray or
18/
18.
ask the trial court to issue a writ of preliminary attachment against the
property of the accused as security for the satisfaction of any judgment that
may be awarded in favor of the ofended party upon the termination of the
case.
If the ofended party in a criminal case is represented by a private
prosecutor, he cannot %le a separate civil action.
If the ofended party is represented by a private prosecutor and the
latter did not produce evidence to prove civil liability and the case was
resolved without the evidence to prove civil liability and the case was
resolved without the court disposing of the civil aspect of the case, the
decision of the court shall operate as a bar to the recovery of civil liability. In
a criminal case, the presence of a private prosecutor is justi+ed because of
the civil aspect of the case. 0s a rule, the moment the private prosecutor
makes a manifestation that the ofended party is reserving the civil aspect of
the case, he is immediately dis/uali%ed to appear as private prosecutor. (!oas
vs& dela "ru.)
0xtinction of the penal action does not carry with it the extinction of the civil , unless
the extinction proceeds from a declaration in a final &udgement that the fact from
which the civil might arise did not exist
In a criminal case, the civil liability of the employee is enforceable
against the employer if the former is insolvent.
Art. 2G2. !ules regarding civil liability in certain cases. K The e%emption
from criminal lia!ilit" esta!lishe# in su!#ivisions 2. 7. 6. = an# A of article
27 an# in su!#ivision < of article 22 of this Co#e #oes not inclu#e
e%emption from civil lia!ilit". which shall !e enforce# su!:ect to the
following rules:
0irst. )n cases of su!#ivisions 2. 7. an# 6 of Article 27. the civil lia!ilit" for
acts committe# !" an im!ecile or insane person. an# !" a person un#er
nine "ears of age. or !" one over nine !ut un#er fifteen "ears of age. who
has acte# without #iscernment. shall #evolve upon those having such
person un#er their legal authorit" or control. unless it appears that there
was no fault or negligence on their part.
'houl# there !e no person having such insane. im!ecile or minor un#er his
authorit". legal guar#ianship or control. or if such person !e insolvent. sai#
insane. im!ecile. or minor shall respon# with their own propert". e%cepting
propert" e%empt from e%ecution. in accor#ance with the civil law.
+econd. )n cases falling within su!#ivision < of Article 22. the persons for
whose !enefit the harm has !een prevente# shall !e civill" lia!le in
proportion to the !enefit which the" ma" have receive#.
The courts shall #etermine. in soun# #iscretion. the proportionate amount
for which each one shall !e lia!le.
,hen the respective shares cannot !e e$uita!l" #etermine#. even
appro%imatel". or when the lia!ilit" also attaches to the Government. or to
the ma:orit" of the inha!itants of the town. an#. in all events. whenever the
#amages have !een cause# with the consent of the authorities or their
agents. in#emnification shall !e ma#e in the manner prescri!e# !" special
laws or regulations.
18.
18B
)hird. )n cases falling within su!#ivisions = an# A of Article 27. the persons
using violence or causing the fears shall !e primaril" lia!le an#
secon#aril". or. if there !e no such persons. those #oing the act shall !e
lia!le. saving alwa"s to the latter that part of their propert" e%empt from
e%ecution.
General *ule* exemption from criminal liabilit" does not include exemption from civil
liabilit"
Exception* no civil liability in par B and Cof art &). !ar 1,2,3,8 and / are )<# exempt
from civil liabilit" although exempt from criminal liabilit"
,ho are civill" lia!le for:
a. acts of insane or minor exempt from criminal liability
1. primaril" devolve upon perosns having legal authorit" or control over him,
if at fault or negligent 4except if proven that the" acted w?o fault or w? due
diligence5
2. if no fault or negligence, or even w? fault but is insolvent and there are no
persons having legal authorit" over them, the propert" of the insane,
minor or imbecile not exempt from execution shall be held liable.
b. over $8 but under $# w. discernment
1. civil code sa"s parent 4dad then mom5S
2. guardians
3. minors own propert" where a guardian ad litem shall be appointed
In actual practice, when a minor or an insane person is accused of a
crime, the court will in/uire who are the persons eercising legal control upon
the ofender. #hen the names of such persons are made known to the court,
they are re/uired to participate in the proceedings, not only to help the
accused in his defense but also for said persons in legal authority to protect
their interests as persons primarily liable to pay the civil liability caused by
the minor or insane. They may, however, invoke the defense embodied under
$rticle '/() of the Kew &ivil &ode which provides that in order to escape civil
liability& the persons primarily liable must prove that they observed all the
diligence of a god father of a family to prevent damages.
In the event that the minor or insane has no parents or guardian, the
court will appoint a guardian ad litem to protect the interests of the minor or
insane. In such a case, the court will render judgment %ing the civil liability
of the minor or insane and under such a situation, the property of the minor
shall be primarily liable in the payment of civil liability.
Jfinal release of a child based on good conduct does not remove his civil
liabilit" for damages.
c. persons acting under an irresistible force or uncontrollable fear
1. persons using violence or causing the fear are primaril" liable
2. if there are none, those doing the act
d. no civil liability in 6ustifying circumstances 6F%6!#* par 4 of Art 11, the
one benefited b" the act is civill" liable.
e. civil liability in case of state of necessity
#hose who benefited b" the act and court shall determine the
proportionate amount for which each shall be liable. (f the government or
ma&orit" of the inhabitants are liable, such will be determined b" special laws
or regulations.
18B
18:
Art. 2G7. +ubsidiary civil liability of inn%eepers, tavern%eepers and
proprietors of establishments. K )n #efault of the persons criminall" lia!le.
inn3eepers. tavern3eepers. an# an" other persons or corporations shall !e
civill" lia!le for crimes committe# in their esta!lishments. in all cases
where a violation of municipal or#inances or some general or special
police regulation shall have !een committe# !" them or their emplo"ees.
)nn3eepers are also su!si#iaril" lia!le for the restitution of goo#s ta3en !"
ro!!er" or theft within their houses from guests lo#ging therein. or for the
pa"ment of the value thereof. provi#e# that such guests shall have notifie#
in a#vance the inn3eeper himself. or the person representing him. of the
#eposit of such goo#s within the inn; an# shall furthermore have followe#
the #irections which such inn3eeper or his representative ma" have given
them with respect to the care an# vigilance over such goo#s. +o lia!ilit"
shall attach in case of ro!!er" with violence against or intimi#ation of
persons unless committe# !" the inn3eeperLs emplo"ees.
Elements of 4ar $+
1. #hat the innkeeper of the establishment or his emplo"ee committed a violation
of municipal ordinance or some general or special police regulation
2. A crime is committed in such establishment
3. !erson criminall" liable is insolvent
#hen the foregoing circumstances are present in the commission of
the crime, the civil liability of the ofender shall also be the civil liability of the
owners of the establishments. ;uch civil liability arises only if the person
criminally liable is insolvent because the nature of the liability of the
innkeeper and the others is only subsidiary.
Elements of 4ar "+
1. guests notified in advance the innkeeper of the deposit of such goods
w?in the inn
2. guests followed the directions of the innkeeper w? respect to the care and
vigilance over the such goods
3. such goods of the guest lodging therein were taken b" robber" w? force upon
things or theft
'hen all these are present, the innkeeper is subsidiaril" liable
No civil liability in case of robbery wJ violence against or intimidation of person,
unless committed b" the innkeeperCs emplo"ees
Actual deposit of the things of the guest to the innkeeper is not necessar", it is
enough that the" were within the inn.
The ,upreme *ourt ruled that even though the guest did not obey the rules and regulations
prescribed by the management for safe#eeping of the valuables, this does not absolve
management from the subsidiary civil liability. )on$compliance with such rules and regulations b"
the guests will onl" be regarded as contributor" negligence, but it wonCt absolve the management
from civil liabilit".
Art. 2G6. +ubsidiary civil liability of other persons. K The su!si#iar"
lia!ilit" esta!lishe# in the ne%t prece#ing article shall also appl" to
emplo"ers. teachers. persons. an# corporations engage# in an" 3in# of
18:
1/;
in#ustr" for felonies committe# !" their servants. pupils. wor3men.
apprentices. or emplo"ees in the #ischarge of their #uties.
Elements
a. emplo"er, teacher, person or corporation is engaged in an" kind of industr"
b. an" of their servants, pupils, workmen, apprentices of emplo"ees commits a felon"
while in the discharge of his duties which are related to the business of his emplo"er
c. the said emplo"ee is insolvent and has not satisfied his civil liabilit"
Industry an" department or branch of art, occupation or business1 especiall"
one w?c emplo"s so much labor and capital is a distinct branch of trade
0ospitals are not engaged in industr"1 hence not subsidiaril" liable for acts of nurses
!rivate persons w?o business or industr", not subsidiarill" liable
there is no need to file a civil action against the employer in order to enforce the subsidiary civil
liability for the crime committed by his employee, it is enough that the writ of execution is returned
unsatisfied.
In the trial of the case, if the court will allow the participation of the
employer to protect its civil liability, it cannot put up the defense of diligence
of a good father of a family. ;uch kind of defense is available only if the
action is based or predicated on /uasi!delict under 0rticle +)B7 of the &ivil
&ode.
Distinctions bet(een the civil liability of the employer under 2rticle
5>8 of the .evised $enal &ode and his liability under 2rticle 75<> of the
Kew &ivil &ode1
). $s to the source of the civil liability of the o1ender-employer.
2nder 0rticle )7, of the .evised $enal &ode, the civil liability arises
from crime, while under 0rticle +)B7, the obligation arises from /uasi!
delict.
'. $s to the nature of the liability of the employer.
The liability of the employer under the .$& is subsidiary, while under
the &ivil &ode, it is direct and primary*
*. $s to whether a separate complaint must be +led against the
employer.
2nder the .$&, the %ling of a separate complaint against the operator
for recovery of subsidiary liability is clear from the decision of
conviction against the accused. 2nder the &ivil &ode, the complaint
must be %led against the employer because his liability is direct and
primary.
:. $s to the necessity of previous conviction in a criminal case.
The .$& re/uires previous conviction of the ofender!employer. ;uch is
not re/uired under the &ivil &ode.
0. $s to the availability of the defense of the =e-ercise of diligence of a
good father of the family in the selection and supervision of
employee.>
1/;
1/1
This defense is not available to defeat the employer=s subsidiary
liability under the .$&. On the other hand, the &ivil &ode allows such defense
in favor of the employer.
0 judgment of conviction sentencing a defendant employee to pay an
indemnity is conclusive upon the employer in an action for the enforcement
of the latter=s subsidiary liability. (!otea vs& @alili, 'G: Phil& J:>)
0c/uittal of the driver in the criminal case is not a bar to the
prosecution of the civil action based on /uasi!delict. The source of obligation
in the criminal case is 0rticle )7,, or obligations arising from crime, while the
civil action is based on 0rticle +)H6 or /uasi!delict. 0rticle ))CH of the &ivil
&ode provides that /uasi!delicts and acts or omissions punishable by law are
two diferent sources of obligations&( irata vs& ;choa )
Art. 2G<. $hat is included in civil liability. K The civil lia!ilit" esta!lishe#
in Articles 2GG. 2G2. 2G7. an# 2G6 of this Co#e inclu#es:
2. Restitution;
7. Reparation of the #amage cause#;
6. )n#emnification for conse$uential #amages.
7irst remed" granted b" law is no. 1, in case this is not possible no. 2.
(n either case, no. 3 ma" be re2uired
Restitution in theft, the culprit is dut" bound to return the propert" stolen
Reparation in case of inabilit" to return the propert" stolen, the culprit must pa"
the value of the propert" stolen.
(n case of ph"sical in&uries, the reparation of the damage cause would consist in the
pa"ment of hospital bills and doctorCs fees to the offended part"
)n#emnification the lost of salar" or earnings
C)B)L L)A()L)T)' PC/+)ARH L)A()L)T)'
(ncludes reparation and indemnification 3ame
(ncludes restitution 4return propert" taken5,
nothing to pa" in terms of mone"
)o restitution as the liabilities are to be paid
out of the propert" of the offender
)o fines and costs of proceedings (ncludes fines and costs of proceedings
Art. 2G=. !estitution& M @ow made. K The restitution of the thing itself
must !e ma#e whenever possi!le. with allowance for an" #eterioration. or
#iminution of value as #etermine# !" the court.
The thing itself shall !e restore#. even though it !e foun# in the
possession of a thir# person who has ac$uire# it !" lawful means. saving
to the latter his action against the proper person. who ma" !e lia!le to him.
This provision is not applica!le in cases in which the thing has !een
ac$uire# !" the thir# person in the manner an# un#er the re$uirements
which. !" law. !ar an action for its recover".
#he convict cannot b" wa" of restitution, give to the offended part" a similar thing of
the same amount, kind or species and 2ualit". The very thing should be returned.
1/1
1/2
(f the propert" stolen while in the possession of the third part" suffers deterioration
due to his fault, the court will assess the amount of the deterioration and, in addition
to the return of the propert", the culprit will be ordered to pa" such amount
General *ule+ the owner of the propert" illegall" taken b" the offender can recover it
from whomsoever is in possession thereof. #hus, even if the propert" stolen was
ac2uired b" a 3
rd
person b" purchase w?o knowing that it has been stolen, such
propert" will be returned to the owner.
Exception+ purchased in a public sale or auction in good faith
*estitution or restoration presupposes that the offended part" was divested of propert", and
such propert" must be returned. If the property is in the hands of a third party, the same shall
nevertheless be ta#en away from him and restored to the offended party, even though such third
part" ma" be a holder for value and a bu"er in good faith of the propert", except when such third
party buys the property from a public sale where the law protects the buyer.
(f the thing is ac2uired b" a person #nowing that it was stolen, then he is an
accessor" and therefore criminall" liable%liable under anti=fencing law5
#he third part" who ac2uired the stolen propert" ma" be reimbursed w? the price paid
therefor if it be ac2uired at 4a5 a public sale and 4b5 in good faith
Circumstances which bar an action for recovery+
1. #orrens title
2. 'hen sale is authori+ed
.hen the liability to return a thing arises from a contract, not from a criminal act, the
court cannot order its return in the criminal case.
-estitution ma" be ordered, even if accused is ac2uitted, provided the offense is
proved and it is shown that the thing belongs to someone else
The obligation of the offender transcends to his heirs, even if the offender dies, provided he died
after judgment became final, the heirs shall assume the burden of the civil liability, but this is only
to the extent that they inherit property from the deceased, if they do not inherit, they cannot
inherit the obligations.
.hen crime is not against property, no restitution or reparation of the thing can be
done
,ome believed that this civil liability is true only in crimes against property, this is not correct.
-egardless of the crime committed, if the propert" is illegall" taken from the offended part" during
the commission of the crime, the court ma" direct the offender to restore or restitute such
propert" to the offended part". It can only be done if the property is brought within the jurisdiction
of that court.
#he court has authorit" to order the reinstatement of the accused ac2uitted of a
crime punishable b" the penalt" of perpetual or temporar" dis2ualification
If the property cannot be restituted anymore, then the damage must be repaired, re2uiring the
offender to pa" the value thereof, as determined b" the court. That value includes the
sentimental value to the offended party, not only the replacement cost. =ut if what would be
restored is brand new, then there will be an allowance for depreciation, otherwise, the offended
part" is allowed to enrich himself at the expense of the offender.
Art. 2GA. !eparation& M @ow made& K The court shall #etermine the
amount of #amage. ta3ing into consi#eration the price of the thing.
whenever possi!le. an# its special sentimental value to the in:ure# part".
an# reparation shall !e ma#e accor#ingl".
+otes:
-eparation will be ordered b" the court if restitution is not possible
1/2
1/3
*eparation shall be
a5 the price of the thing
b5 its sentimental value
In case of human life, reparation of the damage cause is basicall" !8;,;;;.;; value of human
life, exclusive of other forms of damages. #his !8;,;;;.;; ma" also increase whether such life
was lost through intentional felon" or criminal negligence, whether the result of dolo or culpa.
lso in the crime of rape, the damages awarded to the offended woman is generall" !8;,;;;.;;
for the damage to her honor.3upreme %ourt ruled that even if the offended woman does not
adduce evidence or such damage, court can take &udicial notice of the fact that if a woman was
raped, she inevitabl" suffers damages.

(f there is no evidence as to the value of the thing unrecovered, reparation cannot be
made
!a"ment b" the insurance compan" does not relive the offender of his obligation to
repair the damage caused
#he damages shall be limited to those caused b" the crime
Accused is liable for the damages caused as a result of the destruction of the
propert" after the crime was committed either because it was lost or destro"ed b" the
accused himself or that of an" other person or as a result of an" other cause or
causes
Art. 2GE. Indemnification M $hat is included& K )n#emnification for
conse$uential #amages shall inclu#e not onl" those cause# the in:ure#
part". !ut also those suffere# !" his famil" or !" a thir# person !" reason
of the crime.
Indemnity refers to crimes against persons1 reparation to crimes against propert"
Indemnification of conse(uential damages refers to the loss of earnings, loss of profits. #his does
not refer onl" to conse2uential damages suffered b" the offended part"1 this also includes
conse2uential damages to third part" who also suffer because of the commission of the crime.
(ndemnit" for medical services still unpaid ma" be recovered
*ontributory negligence on the part of the offended part" reduces the civil liabilit" of
the offender
#he civil liabilit" ma" be increased onl" if it will not re2uire an aggravation of the
decision in the criminal case on w?c it is based
#he amount of damages for death shall be at least 8;,;;;, even though there ma"
have been mitigating circumstances.
In addition+
1. pa"ment for the loss of the earning
capacit" of the deceased
2. if the deceased was obliged to give
support, the recipient who is not an heir, ma" demand support from the
defendant
3. the spouse, illegitimate and
illegitimate descendants and ascendants of the deceased ma" demand for
moral damages.
1/3
1/4
'oral damages may be recovered in the ff+
1. ph"sical in&uries
2. seduction, abduction, rape
3. adulter", concubinage
4. illegal or arbitrar" detention
8. illegal search
/. libel, slander, defamation
.. malicious prosecution
Exemplary damages ma" be imposed when the crime was committed with one or
more aggravating circumstances1 cannot be recovered as a matter of right, the court
will decide whether the" should be ad&udicated.
Indemni%cation also includes the award of attorney=s fees. $rivate
prosecutor is therefore entitled to the award of attorney=s fees.
Art. 2GF. ;bligation to ma%e restoration, reparation for damages, or
indemnification for consequential damages and actions to demand the same M
*pon whom it devolves. K The o!ligation to ma3e restoration or reparation
for #amages an# in#emnification for conse$uential #amages #evolves
upon the heirs of the person lia!le.
The action to #eman# restoration. reparation. an# in#emnification li3ewise
#escen#s to the heirs of the person in:ure#.
#he heirs of the person liable has no obligation if restoration is not possible and the
deceased left no propert"
*ivil liability is possible only when the offender dies after final judgement.
(f the death of the offender took place before an" final &udgement of conviction was
rendered against him, the action for restitution must necessaril" be dismissed.
0n action for damages by reason of wrongful death may be instituted
by the heirs of the deceased against the administrator or eecutor of the
estate of the deceased ofender. It cannot be brought by the administrator of
the victim=s estate.
Art. 2G5. +hare of each person civilly liable. K )f there are two or more
persons civill" lia!le for a felon". the courts shall #etermine the amount for
which each must respon#.
In case of insolvency of the accomplices, the principal shall be subsidiaril" liable for their
share of the indemnit" and in case of the insolvency of the principal, the accomplices
shall be subsidiaril" liable, &ointl" and severall" liable, for the indemnit" due from said
principal
.hen there are several offenders, the court in the exercise of its discretion shall determine what
shall be the share of each offender depending upon the degree of participation as principal,
accomplice or accessor". (f within each class of offender, there are more of them, such as more
than one principal or more than one accomplice or accessor", the liabilit" in each class of
offender shall be subsidiar". An"one of them ma" be re2uired to pa" the civil liabilit" pertaining to
such offender without pre&udice to recover" from those whose share have been paid b" another.
1/4
1/8
If all the principals are insolvent, the obligation shall devolve upon the accomplice4s5 or
accessor"4s5. =ut whoever pa"s shall have the right of recovering the share of the obligation
from those who did not pa" but are civill" liable. In case the accomplice and the principal cannot
pay, the liabilit" of those subsidiaril" liable is absolute.
To relate with rticle D@, when there is an order or preference of pecuniar" 4monetar"5 liabilit",
therefore, restitution is not included here.
There is not subsidiary penalty for non=payment of civil liability.
The owners of taverns, inns, motels, hotels, where the crime is committed within their
establishment due to noncompliance with general police regulations, if the offender who is
primaril" liable cannot pa", the proprietor, or owner is subsidiaril" liable.
Felonies committed by employees, pupils, servants in the course of their employment, schooling
or household chores. #he emplo"er, master, teacher is subsidiaril" liable civill", while the
offender is primaril" liable.
Art. 22G. +everal and subsidiary liability of principals, accomplices and
accessories of a felony M Preference in payment& K +otwithstan#ing the
provisions of the ne%t prece#ing article. the principals. accomplices. an#
accessories. each within their respective class. shall !e lia!le severall" (in
soli#um) among themselves for their $uotas. an# su!si#iaries for those of
the other persons lia!le.
The su!si#iar" lia!ilit" shall !e enforce#. first against the propert" of the
principals; ne%t. against that of the accomplices. an#. lastl". against that of
the accessories.
,henever the lia!ilit" in soli#um or the su!si#iar" lia!ilit" has !een
enforce#. the person !" whom pa"ment has !een ma#e shall have a right
of action against the others for the amount of their respective shares.
1ubsidiary liability will be enforced on+
1. first, against the propert" of the principal
2. second, against that of the accomplice
3. third, against that of the accessories
+llustration" Two principals, two accomplices and two accessories
were convicted in a homicide case, and the indemnity to the heirs of the
victim was %ed at $hp6,777.77. The /uota of the principals was %ed at
$hp,,777.77* the accomplices at $hp+,777.77 and the accessories at
$hp),777.77 and as between themselves, the liability of each was J. If both
principals were insolvent, their /uota would be borne by the two accomplices
whose liability would be $hp+,C77.77 each for a total of $hpC,777.77, the
/uota of both principals and accomplices. If the accessories were insolvent,
the principals would bear their /uota. ;ubsidiarily and in default of the
principals, the accomplices would bear the /uota of the accessories.
Art. 222. ;bligation to ma%e restitution in certain cases. K An" person
who has participate# gratuitousl" in the procee#s of a felon" shall !e
!oun# to ma3e restitution in an amount e$uivalent to the e%tent of such
participation.
/otes+
1/8
1//
1. #his refers to a person who has participated gratuitousl" in the commission of a
felon" and he is bound to make restitution in an amount e2uivalent to the extent of
such participation
2. #he third person must be innocent of the commission of the crime otherwise he
would be liable as an accessor" and this article will not appl"
Art. 227. 6xtinction of civil liability. K Civil lia!ilit" esta!lishe# in
Articles 2GG. 2G2. 2G7. an# 2G6 of this Co#e shall !e e%tinguishe# in the
same manner as o!ligations. in accor#ance with the provisions of the Civil
Law.
Civil liability is extinguished by+
1. pa"ment or performance
2. loss of the thing due
3. condonation or remission of the debt
4. confusion or merger of the rights of creditor and debtor
8. compensation
/. novation
<ther causes of extinguishment of obligations* annulment, rescission, fulfillment of a
resolutor" condition and prescription .
Civil liability may arise from
1. %rime $ -!%
2. =reach of contract $ %%
3. #ortious act %%
#he civil liabilit" from an" of these is extinguished b" the same causes enumerated
above
#he accused shall still be liable for the pa"ment of the thing stolen even if it is lost or
destro"ed
*ivil liability of the offender is extinguished in the same manner as civil obligation is extinguished
but this is not absolutel" true. :nder civil law, a civil obligation is extinguished upon loss of the
thing due when the thing involved is specific. This is not a ground applicable to extinction of civil
liability in criminal case if the thing due is lost, the offender shall repair the damages caused.
The judgment for civil liability prescribes in ten years. It may be
enforced by writ of eecution within the %rst %ve years and by action for
revival of judgment during the net %ve years. Insolvency is not a defense to
an action to enforce judgment.
Art. 226. ;bligation to satisfy civil liability& K %cept in case of e%tinction
of his civil lia!ilit" as provi#e# in the ne%t prece#ing article the offen#er
shall continue to !e o!lige# to satisf" the civil lia!ilit" resulting from the
crime committe# !" him. notwithstan#ing the fact that he has serve# his
sentence consisting of #eprivation of li!ert" or other rights. or has not
!een re$uire# to serve the same !" reason of amnest". par#on.
commutation of sentence or an" other reason.
/otes+
Anless extinguished, civil liabilit" subsists even if the offender has served sentence
consisting of deprivation of libert" or other rights or has served the same, due to
amnest", pardon, commutation of the sentence or an" other reason.
Ander the law as amended, even if the subsidiary imprisonment is served for non=
payment of fines, this pecuniary liability of the defendant is not extinguished.
1//
1/.
'hile amnesty wipes out all traces and vestiges of the crime, it does not extinguish
the civil liabilit" of the offender. A pardon shall in no case exempt the culprit from the
pa"ment of the civil indemnit" imposed upon him b" the sentence
"robation affects onl" the criminal aspect of the crime.
1/.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA

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