ART.

14, RPC
o
o
o
o
o
o
o

o CAPPIRA
C conflagration, shipwreck, earthquake
A aid of armed men
P previously punished
P price, reward or promise
I inundation, fire, poison
R recidivist
A alevosia

Art. 14 Aggravating Circumstances

o
o
o
o
o
o

o CAPINA
C Contempt of or insult to public authorities
A advantages of public position
P palace of the Chief Executive
I insult to the offended party
N nighttime or uninhabited place or band
A abuse of confidence or obvious ungratefulness

Art. 15, RPC

ALTERNATIVE CIRCUMSTANCES
RII
o R - relationship
o I- intoxication
o I degree of instruction or education

PERSONS CRIMINALLY LIABLE

ART. 16-19, RPC
o 1. PRINCIPALS:
o a. by direct participation
o b. by inducement/induction
o c. by indispensable cooperation
o 2. ACCOMPLICES cooperate by previous or simultaneous acts (
must have knowledge & must cooperate BUT there is no
agreement)
o 3. ACCESSORIES after the fact
3 KINDS OF ACCESSORIES
Art. 19, RPC
o 1. Profited or assisted the offender to profit by the effects of the
crime;
o 2. Concealed or destroyed the body of the crime or the effects or
instruments thereof;
o 3. Harbored, concealed or assisted the escape of the principal,
provided the accessory acts with abuse of his public function OR
whenever the author of the crime is guilty of treason, parricide,
murder or attempt to assassinate the Chief Exec, OR is a habitual
criminal (Has limited application)(Only applies if principal is
identified and his guilt proven)

PENALTIES Arts. 21 88
o
o
o
o

Capital Death, abolished

Afflictive Prision Mayor to Reclusion perpetua
Correctional Destierro to Prision Correccional
Light Arresto menor and public censure

Duration and effect of Penalties: Arts. 27 45

RECLUSION PERPETUA
o Per the amendment in RA 7659, reclusion perpetua now has
duration of from 20 years and 1 day to 40 years.
o It remains to be an invisible penalty. (PP vs. Lucas, G.R. Nos.
108172-73, May 25, 1994)
APPLICATION OF PENALTIES Art. 46-77
EXECUTION OF PENALTIES Art. 78-88
o RA 7659 abolished the death penalty. In view of that, Arts. 47
63 (2nd Par.); 74;81;82;83;84 and 85 are also replaced.
o Art. 80 is replaced by PD 603, as amended by RA 9344.

Art. 38. PECUNIARY LIABILITIES

o
o
o
o
o

RIFC
1. Reparation of damage caused
2. Indemnification of consequential damages
3. Fine
4. Costs

Art. 39. Subsidiary penalty

o Subsidiary penalty is the auxiliary liability to be imposed upon and
undergone by the convict who has no property to pay his
pecuniary liability for the penalty of fine, to be computed at the
rate of one day per the highest daily minimum wage in the
Philippines at the time of the rendition of judgment of
conviction. ( as amended by RA 10159, April 10,2012)

o Arts. 50-70 Application of penalties to principals, accomplices,

accessories, consummated, frustrated and attempted stages ( by
degree)
o Art. 58 additional penalty of disqualification for accessories No.
3 who act in abuse of their public functions
o Art. 59 penalty for Impossible Crime
o Art. 60 When Arts. 50 to 57 not applicable
o Art. 61 Rules for graduating penalties, in relation to Arts. 50-57 (
by different degrees)

o Art. 62- Rules for application of penalties

o With regard to mitigating and aggravating circumstances
and habitual delinquency
o Special aggravating circumstances:
a) Taking advantage of public position
b) Committed by syndicate or organized crime group
c) Quasi-recidivism (Art. 160)
o Art. 63 Application of indivisible penalties
o Art. 64 Graduation by periods ( penalties having 3 periods)
Conformably with Art. 365, RPC, Art. 64 does not apply in reckless
imprudence cases. (Reynaldo Mariano vs. People, 178145, July 7,
2014)

Art. 65 Graduation by periods (penalties not having 3 periods)

o Art. 66 Imposition on fines, which must be graduated within the

limit s provided by law for ordinary aggravating and mitigating,
taking into consideration the means of the accused.
o Art. 67 Penalty when requisites for Art. 12, No.4, are not all
present (AM max to PC min for grave; AM min to med for less
grave)

Art. 75. How to graduate fine by degree

o This is based on the degree of participation or the stage of the
commission of the felony
o of maximum amount 1 degree; minimum shall remain
unchanged
o Maybe fixed anywhere within the limits according to mitigating,
aggravating and wealth or means of the culprit. (Art. 66)

Art. 77. Complex Penalty

PP vs Lian, March 29, 1996.
o Penalty of reclusion temporal in its maximum period to reclusion
perpetua, the minimum period is a complex penalty under Art. 77.
It can be divided into 3 periods: 17 years, 4 months and 1 day to
18 years and 8 months as minimum; the medium period is 18
years, 8 months and 1 day to 20 years; and the maximum period is
reclusion perpetua.
Art. 78 When and how penalty is to be executed
o Always after judgment has become final and executor
Execution and Service of sentence
o Effect of insanity: (Art. 79)
1. At the time of commission no liability

2. At the time of trial suspended

3. At the time of sentencing suspended
4. At the time of services civil liability may be enforced; criminal
liability suspended. Recovery may mean that the criminal
liability may be enforced again, unless prescription has set in.

EXTINCTION OF CRIMINAL LIABILITY (Art. 89)

o
o
o
o
o
o
o

Death
Service
Amnesty
Absolute pardon
Prescription of the crime
Prescription of the penalty
Marriage of the offended woman

Art. 90. Prescription of Crimes

o
o
o
o
o
o
o
o

Death r.p., r.t. 20 years

Other afflictive 15 years
Correctional 10 years, except:
Arresto mayor 5 years
Libel 1 year
Defamation, slander by deed: 6 months
Light offenses 2 months

Art. 91. Computation of prescription of offences:

o Prescription is reckoned from the date of discovery of the crime
by the offended party authorities or their agents
o Prescription shall not run when the offender is outside of the
Philippines

Art. 92. Prescription of Penalties

o
o
o
o

Death and reclusion Perpetua 20 years

Other afflictive 15 years
Correctional 10, except arresto mayor 5
Light penalties 1 year

Art. 94. Partial Extinction of Criminal Liability

o 1. Conditional pardon;
o 2. Communication;
o 3. Good conduct allowances

o Hence, crimes punished with reclusion temporal prescribe in 20

years, but the penalty of reclusion temporal prescribes in 15
years. (Arts. 90-92)

Art. 101. CICIL LIABILITY

o There may be civil liability even if the act is justified or exempt
under Arts. 11 and 12.
o Parents and guardians primarily liable for minors and insane,
unless there is no fault or negligence on their part. If there are no
parents, minors property is secondarily liable.
o Innkeepers and employers subsidiary liable; no need to file a
separate case.

Art. 104. What civil liability includes:

o 1. Restitution if possible, thing shall be restored
o 2. Reparation amount of damage is assessed
o 3. Indemnification for consequential damage includes
consequential damages caused to the injured party, his family etc.
o Restitution and reparation are generally ordered in crimes
against property; indemnification is generally awarded in crimes
against person and honor.

Civil liability
o
o
o
o

Art. 105 Restitution, how made

Art. 106 Reparation, how made
Art. 107 Indemnification, what are included
Art. 108 Upon whom civil liability devolves

Arts. 109 & 110

o If there are 2 or more persons civilly liable, the courts shall
determine the amount for which each must respond.
o That no withstanding principals, accomplices and accessories,
each within their class, shall be liable solidarity among themselves
for their quotas, and subsidiary for those of the others.