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Title Three: Penalties

Chapter I: Penalties in General


Penalty- suffering that is inflicted by the
State for the transgression of law; it is
punishment prescribed by law prior to
the commission of the crime and
imposed by the court upon conviction of
the accused; signifies pain

Penalty that may be imposed

Only that penalty prescribed by law


prior to the commission of the felony
(Article 21)
Felonies are punishable under the
laws in force at the time of their
commission (Article 366)
But the penalty prescribed by a law
enacted after the commission of the
felony may be imposed, if it is
favorable to the offender

Juridical Conditions of Penalty


1. Legal- prescribed by law prior to the
commission
of
the
crime;
a
consequence of a judgment
2. Judicial- imposed by the court upon
conviction; correctional
3. Definite- it cannot be uncertain or
conditional; no one may escape its
effects
4. Personal- no one should be punished
for the crime of another
Acto personalis moritur cum persona;
action peonalis in haeredem non
datur, nisi forte ex damno locupletior
haeres factus sit.
A personal right of action dies with
the person. A penal action is not
given against an heir, unless, indeed,
such heir is benefited by the wrong
5. Equal- penalty should apply to all
6. Commensurate- different crimes mist
be punished with different penalties
7. Productive of suffering- without
affecting the integrity of human
personality

Purpose of Punishing Crime

To secure justice
To
maintain
existence,
assert
conscience, and vindicate moral
principles
Penal justice is exercised by the State
in the service and satisfaction of a
duty, and rests primarily on the moral
rightfulness
of
the
punishment
inflicted

Theories justifying penalty:

1. Preventive- State must punish the


criminal to prevent or suppress the
danger to the State and to the public
from the criminal acts of the offender
2. Self-defense- State has the right to
punish the criminal as a measure of
self-defense so as to protect society
from the threat and wrong inflicted by
the criminal
3. ReformationThe
object
of
punishment in criminal cases is to
correct ad reform, as the State has
the duty to take care of and reform of
and reform the criminal.
4. Exemplarity- The criminal is punished
to serve as an example to deter other
from committing crimes
5. Justice- The absolute theory of
penalty rests on the theory that crime
must be punished by the State as an
act of retributive justice, vindication
of absolute right, and moral law
violated by the criminal

Justification of Death Penalty

Means of society to protect itself from


such enemy by taking his life in
retribution for his offense and as an
example and warning to others
Self-defense and Exemplarity

Three-fold purpose of penalty


1. Retribution or expiation- the penalty
is commensurate with the gravity of
the crime
2. Correction or reformation- as shown
by the rules which regulate the
execution of the penalties consisting
in deprivation of liberty
3. Social defense- shown by its inflexible
severity to recidivists and habitual
delinquents

Constitutional Restriction on penalties


No
excessive, cruel
and
unusual
punishments- so disproportionate to the
offense committed as to shock the moral
sense of all reasonable men as to what is
right
and
proper
under
the
circumstances
Article 21.
imposed.

Penalties

that

may

be

Only penalty prescribed by the law prior


to the commission of the crime shall be
imposed upon a person found guilty
thereof

Not a penal provision. Neither defines


a crime nor provides a punishment for
one
Announcement of government policy
and guaranty that no act of his will be

Criminal Law Notes|Reyes & Amurao

considered criminal unless the law


has provided for its punishment
Invoked when a person is being tried
for a act or commission for which no
penalty has been prescribed by law
A law cannot be rationally obeyed
unless it is first shown, and a man
cannot be expected to obey an order
that has not been given.
It is the duty for the courts to apply
the law. If there is no penalty for an
act or omission that the court thinks
should be penalized, the proper
remedy is to dismiss the case and
report to the Chief Executive through
the DOJ for reasons that induce it to
believe that said act should be
penalized

Article 22. Retroactivity of Penal Laws.

Refer to substantive penal laws and


does not apply to special laws
Penal laws shall only have retroactive
effect if it is favorable to the accused,
who is not a habitual delinquent.
If by an amendment, punishment for
an act is made less severe than by
provisions of this code, accused
person may invoke this provision.
Courts are mandated to apply
retroactivity if favorable to the
accused even if already serving
sentence.
Also applies to a law dealing with
prescription of an offense which is
intimately connected with that of the
penalty, for the length of time
prescription depends upon the gravity
of the offense
Prohibition against ex post facto laws
o Makes criminal an act done before
the passage of the law and which
was innocent when done, and
punishes such an act
o Aggravates a crime, or makes it
greater than
it was,
when
committed
o Changes the punishment and
inflicts a greater punishment than
the law annexed to the crime
when committed
o Altered
the
legal
ruled
of
evidence,
and
authorizes
conviction upon less or different
testimony than the law required at
the time of commission of the
offense
o Assuming to regulate civil rights
and remedies only, in effect
imposes penalty or deprivation of
a right for something which when
done was lawful
o Deprives a person accused of a
crime of some lawful protection to
which he was entitled, such as the

protection of a former conviction


or acquittal, or a proclamation of
amnesty
Habitual Delinquent- if within the
period of ten years from the date of
his release or last conviction of the
crime of serious or less serious
physical injuries, robbery, theft,
estafa, or falsification. (S/LPI T E R F)

Repeal of a Penal Law


1. Absolute repeal- express or implied
2. Partial repeal
3. Self-repeal

Effects of absolute repeal


1. Expressed absolute repeal- When a
law expressly repeals a prior law in
absolute term such that a persons
conduct formerly denounces as a
crime is no longer deemed criminal,
the accused cannot be convicted of
the act punished in the repealed law
since it would be illogical for the court
to sentence him for an offence that
no longer exists
2. Implied absolute repeal- where the
repealing law entirely fails to penalize
the acts which constituted the offense
defined and penalized in the repealed
law, the repeal carries with it the
deprivation the courts of jurisdiction
to try, convict and sentence persons
charged with violation of the old law
prior to the repeal.

Effects of expressed
absolute repeal

or

implied

1. Effect on the criminal cases still


pending in court
The case shall be dismissed since the
court loses jurisdiction to try and
decide it in view of the obliteration of
the offense from the statute books
2. Effect on service of sentence
When the case is already decided by
the court and the accused is serving
his sentence, he shall be released
from detention for the same reason
3. Effect on the case not yet filed in
court
The criminal case can no longer be
filed in court since the act no longer
constitutes a crime

Effects of partial repeal


1. If the repealing law penalizes
same act punished by
repealed law, the court retains
authority to try and sentence
accused under the old law or

Criminal Law Notes|Reyes & Amurao

the
the
the
the
the

law existing at the time of its


commission
2. If the same act is punished by
both the repealing and the
repealed law and the penalty
provided in the new law is lighter,
the accused shall be sentenced to
suffer the penalty retroactive
effect when the accused is not a
habitual delinquent and that the
new law does not prohibit
retroactivity

Self-repealing law

One that expires by its own terms and


provision
Effect, as though it had been
repealed at the time of its expiration
o Favorabiliab
sunt
amplianda,
adiosa restrigensa, Penal laws that
are favorable to the accused are
given retroactive effect

Article 23. Effect of pardon by the


offended party.

Two kinds of liabilities resulting from


a crime
Criminal liability
Civil Liability

Article 100 of the RPC every person


criminally liable is also civilly liable

Nature of the criminal liability of the


offender

Enforcement sought by the offended


party or his heirs. In the form of:

Only a bar to prosecution, not an


extinction of criminal liability, Article
89 have the exclusively provided for
the extinction of criminal liability
Compromise does not extinguish
criminal liability

Pardon by the Chief


Executive
Extinguishes
criminal liability
May be extended
to all crimes except
election
and
impeachment
cases
Given after final
judgment
of
conviction
Given only to one
convict

Pardon
by
the
Offended Party
Extinguishes
civil
liability
Only a bar to
prosecution
to
private
crimes
under Article 344
Done prior to the
institution of the
criminal
action
incourt
Extended to both
offenders
in
adultery
and
concubinage

Article 24. Measures of prevention or


safety
which
are
not
considered
penalties.

Measures not considered as penalties

Reparation of the
(Article 106, RPC)

Adultery
Concubinage
Seduction
Abduction
Acts of Lasciviousness

of

1. May be expressed or implied


2. Must include both partied

cause

Indemnification
for
consequential
damages (Article 107, RPC)

acts

the

Adultery and Concubinage: AC

Bar to prosecution through pardon is


only applicable to acts under Article
344 of the RPC: ASAA

and

of

1. It must be express
2. Must be done prior to the institution
of the action in court

Restitution of the thing unlawfully


taken (Article 105, RPC)
damage

pardon

Abduction, seduction
lasciviousness: ASA

The State is interested in the


enforcement of the criminal liability
for it is a matter of public interest

Nature of civil liability of the offender

Requirements for
offended party

Detention of the insane, or imbecile,


or ill person needed to be confined in
a hospital
Detention
of
minors
in
youth
detention homes established by local
government (or in DSWD or a local
rehabilitation center) who will be
responsible for the childs appearance
to court
Suspension from employment or
public office during trial
Fines and other corrective measures
in the exercise of the administrative
or disciplinary powers by superior
officials
Deprivation
of
rights
and
the
reparations established by civil law in

Criminal Law Notes|Reyes & Amurao

penal form e.g. termination of


parental authority
Commitment to a rehabilitation
center of a drug dependent (RA 9165)
Arrest and temporary detention of the
accused

Why they
penalties?

are

not

considered

Because they are not a result of a judicial


proceeding

Chapter II: Classification of Penalties


Article 25. Penalties which may be
imposed
Scale
Principal Penalties

Accessory Penalties- those deemed


included in the principal penalty and do
not have to be expressly specified in the
judgment of conviction

Classification According to Gravity:


CACP
Capital penalty- grave felony
Afflictive penalty- grave felony
Correctional Penalty- less grave felony,
prision correccional; Light felonies,
arresto menor and below or fine not
exceeding 200
Penalties
common
to
afflictive,
correctional and light penalties

Classification According to Divisibility:


ID

Capital Punishment:
Death

Indivisible Penalty- those that have no


fixed duration and therefore they cannot
be divided into three periods

Afflictive Penalties:
Reclusion Perpetua
Reclusion Temporal
Perpetual
or
temporary
disqualification
Perpetual
or
temporary
disqualification
Prision Mayor

Death
Reclusion Perpetua (RA 7695)
Public Censure

absolute
special

Correctional Penalties:

Divisible Penalty- those that have a fixed


duration and therefore can be divided
into three periods

Classification of penalties according


to subject-matter: CDRDP

Prision Correccional
Arresto Mayor
Suspension
Destierro

Corporal (death)
Deprivation
of
Freedom
(reclusion,
prision, arresto)
Restriction of Freedom (Destierro)
Deprivation of Rights (disqualification
and suspension)
Pecuniary (fine)

Light Penalties:
Arresto Menor
Public Censure
Penalties
common
preceding classes:

Principal Penalties- those expressly


specified in the judgment of conviction

to

the

threes

Fine, and
Bond to keep peace
Accessory Penalties:
Perpetual or temporary disqualification
Perpetual
or
temporary
special
disqualification
Suspension from public office, the right
to vote and be voted for, the profession
or calling
Civil interdiction
Indemnification
Forfeiture or confiscation of instruments
and proceeds of the offense
Payment of cost

Classification of Penalties: PA

life imprisonment is only for special


laws. No accessory penalty. No
definite extent or duration.
no more cadena perpetua
Public censure is not proper in
acquittal
In acquittal, the trial court may still
criticize or express disappointment
for the reprehensible acts and
conduct of the accused; to avoid the
impression that the court approves of
his act
Penalties which may be imposed are
those in Article 25 only.
RA 9346 prohibits imposition of death
penalty, reclusion perpetua instead.
PTAD, PTSD, and suspension may be
both principal and an accessory
penalty because they are formed in
two general classes

Criminal Law Notes|Reyes & Amurao

Article 26. Fine

Classification of Fines
Afflictive- over Php 6,000.00
Correctional- Php 200.00 to Php 6,000.00
Light penalty- less than Php 200.00

Fines cannot be reduced or converted


into a prison term
Fine is an independent penalty
Article 26 is to be construed with
Article 90 to determine prescriptive
periods of crimes; to wit:
o Afflictive, 15 years
o Correctional, 10 years
o Light, 2 months

Chapter III: Duration and Effect of


Penalties
Section 1: Duration of Penalties
Article 27. Duration of penalties.

Reclusion perpetua- 20 year and 1


day to 40 years, pardoned after 30
years unless considered by the Chief
Executive to be ineligible of pardon
Reclusion temporal- 12 years and 1
day to 20 years
Prision
mayor
and
temporary
disqualification- 6 years and 1 day to
12
years,
except
when
disqualification is accessory penalty,
in which case its duration is that of
the principal penalty
Prision correccional, suspension, and
destierro- 6 months and 1 day to 6
years, except when suspension is
accessory penalty, in which case its
duration is that of the principal
penalty
Arresto Mayor- 1 month and 1 day to
6 months
Arresto menor- 1 day to 30 days
Bond to keep the peace- period
during which the bond shall be
effective is discretionary on the court

Imposition of
following cases:

destierro

in

the

1. Serious injuries or death under


exceptional circumstances (Article
247)
2. In case of failure to give bond to good
behavios (Article 284)

3. As penalty for the concubine in


concubinage (Article 334)
In cases where after reducing the
penalty by one or more degrees
destierro is the proper penalty
Article 28. Computation of Penalties.

When to start the computation of the


duration of temporary penalties
1. If in prison, computation of temporary
penalties shall start from the day that
the judgment shall have become final
2. If
not
in
prison,
computation
consisting of the deprivation of liberty
shall be computed only from the day
on which the offender commences to
serve the sentence
Since a penalty is a result of a
judgment, an accused who appealed
shall have his penalty counted from
the day the court of appeals
promulgated its decision, not from
the date of judgment in the trial
court.

Temporary penalties
1.
2.
3.

Temporary absolute disqualification


Temporary special discualification
Suspension
If under detention, rule no. 1
If not under detention, rule no. 3

Penalties consisting of deprivation of


liberty
1. Imprisonment
2. Destierro
Article
29.
Period of preventive
imprisonment deducted from term of
imprisonment.

Full time if:


If the detention prisoner agrees
voluntarily in
writing
after
being
informed of the effects thereof and with
the assistance of counsel to abide by the
same disciplinary rules imposed upon
convicted prisoners

Unless, in which case four-fifths only:


1. Recidivists or have been convicted
previously twice or more times of any
crime
2. Upon being summoned for exection of
their sentence, failed to surrender
voluntarily

Criminal Law Notes|Reyes & Amurao

Four-fifths if:
If the detention prisoner does not agree
to abide by the same disciplinary rules
imposed upon convicted prisoners, he
shall do so in writing with the assistance
of a counsel

If preventive imprisonment is equal to


or more than the possible maximum
imprisonment of the offense charged
to which he may be sentenced and
his case is not yet terminated, he
shall be released immediately without
prejudice to the continuation of trial
If maximum sentence is destierro,
released after 30 days of preventive
imprisonment

Preventive Imprisonment
Kind of imprisonment undergone by the
accused while his case is pending trial
because:

Charge is not bailable; or


Charge is bailable but cannot post
bail
Applies to detention prisoners
Applies to those detained in NBI
Full-time if he agrees in writing to
abide by the same disciplinary rules
imposed upon convicted persons;
even in reclusion perpetua
4/5 if he did not voluntarily agree in
writing to abide by the same
disciplinary rules imposed upon
convicted officers
Child in conflict with law shall be
credited full time (RA 9344)
Even if not rehabilitated, drug
dependent shall be credited full-time
Preventive imprisonment applicable
only to deprivation of liberties
penalties
Accused will be released if the
penalty judged is less than preventive
imprisonment

Section 2: Effects of the penalties


according to their respective nature
Article 30. Effects of the penalties of
perpetual
or
temporary
absolute
disqualification
The penalties of perpetual or temporary
absolute disqualification for public office
produce the following effects

a. Deprivation of public offices and


employments even if by election
b. Deprivation of right to vote or to
be elected
c. Disqualification for the office or
public employments and for the
exercise of any of the rights
mentioned
d. Loss of right to retirement pay for
any pension formerly held
Perpetual absolute disqualification is
effective during the lifetime of the
convict and even after the service of
the sentence
Temporary absolute disqualification
lasts during the term of the sentence
and is removed after the service of
the same, except
o Deprivation of the public office or
employment
o Loss of all rights to retirement pay
or other pension for any office
formerly held
Perpetual absolute disqualification is
encompassed in the punishment set
for the in Section 9 of the Anti-Graft
and Corrupt Practices Act
Temporary absolute disqualification is
an automatic accessory of prision
mayor duration of which is same with
the principal penalty

Article 31. Effects of the penalties of


perpetual
or
temporary
special
disqualification
The penalties of perpetual or temporary
special disqualification for public office,
profession or calling produce the
following effects:
a. Deprivation
of
the
office
employment, profession or calling
affected
b. Disqualification for holding similar
offices
or
employments
perpetually or during the period of
disqualification
Article 32. Effects of the penalties of
perpetual
or
temporary
special
disqualification for the exercise of the
right of suffrage
The penalties of suspension from public
office, profession or calling or the right of
suffrage produce the following effects:
a. Deprivation of the right to vote or
to be elected to any public office

Criminal Law Notes|Reyes & Amurao

b. Cannot hold any public office


during
the
period
of
disqualification
Purpose is to preserve the purity of
elections
Presumption that one who is rendered
infamous by the conviction of a felony
or whose base offense indicates
moral turpitude, is unfit to exercise
the privilege of suffrage or to hold
office

prosecuted for a grave or less


grave felony, or for a period not to
exceed 30 days, if a light felony
Not to be confused with bail bond.
Bond
to
peace
penalty

keep

Article 33. Effects of the penalties of


suspension from any public office,
profession, or calling or the right of
suffrage.
Two sureties given
by
two
other
person
Two sureties will
undertake
If failed, detained
for not more than 6
months
or
not
more than 30 days
Given in any case

The penalties of suspension from public


office, profession or calling or the right of
suffrage produce the following effects:
a. Disqualification from holding such
office
or
exercising
such
profession or calling or right to
suffrage during the term of
sentence
b. If suspended from public office,
the offender cannot hold another
office having similar functions
during the period of suspension

Grave threat and


light threat only

shall not restore the right to hold


public office or the right of suffrage,
except when expressly restored by
the terms of the president
shall not exempt the culprit from the
payment of the civil indemnity. No
exemptions.

Limitations

Can only be exercised after conviction


Such power does not extend to cases
of impeachment

If pardon is granted in general terms,


does not include accessory penalty
Pardon granted to reclusion perpetua
after 30 years does not extinguish
perpetual absolute disqualification

Article 35. Effects of bond to keep


peace.
a. The offender must present two
sureties who shall undertake that
the offender will not commit the
offense sought to be prevented,
and that in case such offense be
committed they will pay the
amount determined by the court;
or
b. The offender must deposit such
amount with the clerk of court to
guarantee said undertaking; or
c. The offender may be detaine, if he
cannot give the bond, for a period
not to exceed 6 months if

Accused
himself
will undertake
If failed, Destierro

Article 36. Pardon; its effects.

Article 34. Civil Interdiction.


a. Deprivation of the rights of
parental authority or guardianship
of any ward
b. Deprivation of marital authority
c. Deprivation of the right to manage
his property and of the right to
dispose of such property by any
act or any conveyance inter vivos
Allowed to dispose by will or donation
mortis causa

Bond
for
good
behavior
Merely
and
additional
obligation
which
the
court
may
impose upon the
accused
charged
with either grave
threat
or
light
threat
Given
by
the
person himself

Features of pardon by Chief Executive:


1. The power to grant pardon is
discretionary upon the Chief
Executive
2. The grant of pardon is a private
act of the Chief Executive which
must be proved and pleaded by
the person pardoned

Criminal Law Notes|Reyes & Amurao

3. Pardon can be granted only after a


final judgment of conviction
4. Pardon looks forward and relieves
the offender of the consequences
of the offense for which he has
been convicted
5. Pardon does not restore the
accuseds right to hold public
office unless it is expressly
restored by the terms of pardon
6. Pardon does not exempt the
accused from the payment of civil
indemnity
7. The power to grant pardon does
not extend to impeachment cases
8. No pardon for violation of election
laws, rules, and regulations shall
be granted by the President
without
the
favorable
recommendation of the COMELEC

2. When the penalty is fine onlysubsidiary imprisonment, not to


exceed 6 months, if the culprit is
prosecuted for grave or less grave
felony, and not to exceed 15 days,
if prosecuted for light felony
3. When the penalty imposed is
higher than prision correccionalno subsidiary imprisonment
4. If the penalty imposed is not to be
executed by confinement, but of
fixed duration- subsidiary penalty
shall
consist
in
the
same
deprivation as those of the
principal penalty, under the same
rules as in Nos. 1, 2 and 3 above
5. In
case
the
financial
circumstances of the convict
should improve, he shall pay the
fine, notwithstanding the fact that
the convict suffered subsidiary
personal liability therefor

Article 37. Costs


1. Fees; and
2. Indemnities, in the
judicial proceedings

course

of

Costs are chargeable to the accused


in case of conviction
1. If accused is quilty, hell shoulder
the costs
2. If acquitted, each party shall bear
his or her offense

Subsidiary Penalty- penalty suffered by


the convict when he does not have
sufficient property to meet his pecuniary
liability of fine

Instances
when
subsidiary
imprisonment cannot be imposed

No costs against the republic


Payment costs is discretionary upon
the courts
Section 38. Pecuniary liabilities- Order
of payment

1. Reparation of the damage caused


2. Indemnification
of
the
consequential damages
3. Fine
4. Cost of Proceedings
Applicable only if the offenders
property is not sufficient

1. Reparation of the damage caused


2. Indemnification
of
the
consequential damages
3. Cost of Proceedings
4. When
the
principal
penalty
imposed is higher than prision
correccional
Article 39 is applicable to special laws

RA No. 10159

Article 39. Subsidiary penalty


1. If the penalty imposed is prision
correccional or arrest and finesubsidiary imprisonment, not to
exceed 1/3 of the term of the
sentence, and in no case to
continue for more than one year.
Fraction or part of a day not
counted

Subsidiary penalty must be expressly


imposed in the judgment

As provided by RA No. 10159, the


duration of subsidiary imprisonment
is computed at the rate of one day for
each amount equivalent to the
highest
minimum
wage
rate
prevailing in the Philippine at the time
of rendition of the judgment of
conviction by the trial of the court
Given retroactive effect

Section 3: Penalties which other


accessory penalties are inherent

Accessory penalties under Article 4045 are deemed imposed with the
principal penalty and need not be

Criminal Law Notes|Reyes & Amurao

expressly specified in the judgment of


conviction
Article 40. Death- Its accessory penalty
When not executed by
commutation or pardon

reason

of

1. Perpetual
absolute
disqualification
2. Civil interdiction for 30 years if
not expressly remitted
Reclusion
perpetua
with
the
accessory penalties of death

Article 41. Reclusion perpetua and


reclusion
temporalIts
accessory
penalties
1. Civil interdiction for life or during
the sentence
2. Perpetual
absolute
disqualification, unless expressly
remitted in the pardon of the
principal penalty
Article 42. Prision mayor- its accessory
penalties
1. Temporary
absolute
disqualification
2. Perpetual special disqualification
from suffrage,unless
Article 43. Prision
accessory penalties-

correccional-

its

1. Suspension from public office,


profession or calling
2. Perpetual special disqualification
from suffrage if exceeds 18
months, unless
Article 44.
penalties

Arresto-

its

accessory

Chapter IV: Application of Penalties


Section 1: rules for the application of
penalties to the persons criminally
liable and for the graduation of the
same
Article 46. Penalty to be imposed upon
principals in general
The penalty prescribed by law in general
terms shall be imposed:

1. Every penalty imposed carries


with it the forfeiture of the
proceeds of the crime and the
instruments or tools used in the
commission of the crime
2. The proceeds and instruments or
tools of the crime are confiscated
and forfeited in favor of the
Government

1. Upon the principals


2. For consummated felony
Unless the law expressly provides
otherwise

Graduation of penalties by degrees or


by periods

1. Suspension of the right to hold


office and right of suffrage during
the term of sentence
Article 45. Confiscation and forfeiture of
the proceeds or instruments of the crime

3. Property of a third person not


liable for the offense is not subject
to confiscation and forfeiture
4. Property not subject of lawful
commerce (whether it belongs to
the accused of to third person)
shall be destroyed
Forfeiture may not be effected if the
property used in the commission of
the offense belongs to a third person
and may be returned to him
This is a penalty, thus, cannot be
imposed without a criminal case
Suppletory to special laws
Once order of forfeiture is final,
cannot be returned to the accused
even if acquitted

By degrees, refers to stages of


execution (consummated, frustrated
or attempted) and to the degree of
the criminal participation of the
offender
(whether
as
principal,accomplice or accessory)
By period (three periods), refers to
the proper period of the penalty
which should be imposed when
aggravating
or
mitigating
circumstances
attended
the
commission of the crime

Article 47. Death penalty


1. When the guilty person is below
18 years of age at the time of the
commission of the crime

Criminal Law Notes|Reyes & Amurao

2. When the guilty is more than 70


years of age
3. When upon appeal or automatic
review of the case by the Supreme
Court, the vote of eight members
is not obtained for the imposition
of the death penalty
Irrelevant due to RA 9346
RA 9346: An Act Prohibiting the
Imposition of Death Penalty in the
Philippines
In lieu of the death penalty, the
following shall be imposed:

1. Reclusion perpetua if using the


nomenclature of the penalties of
the RPC
2. Life imprisonment if does not use
Crimes where death penalty is
imposed
Treason,
piracy,
qualified
theft,
qualified bribery, parricide, murder,
infanticide, kidnapping and serious
illegal
detention,
robbery
with
homicide, destructive arson, rape
with
homicide,
plunder,
certain
violations of the Dangerous Drugs Act
and carnapping

Article 48. Penalty for Complex Crime


Penalty for the most serious crime in its
maximum period shall be imposed
between two crimes when;
1. The single act constitutes two or
more grave or less grave felonies
(compound crime)
2. An offense is a necessary means
for committing the other (complex
crime proper)

Nature of the complex crime

Constitutes a violation of diverse


juridical rights or interests by means
of diverse acts, each of which is a
simple crime in itself
Single intent but component crimes
are considered as element of a single
crime

Reason

When to or more crime are the result


of a single act, the offender is
deemed less perverse than when he
commits
said
crimes
through
separate and distinct acts

Only one crime in the eyes of the law


and the conscience of the offender

Pro Reo Principle

Accused who commits two crimes


with
single
criminal
impulse
demonstrates lesser perversity than
when the crimes are committed by
different acts and several criminal
resolutions

Composite crimes or special complex


crimes

Only a single penalty is imposed by


law for each of such composite
crimes composed of two offenses
examples of composite crime in the
RPC are robbery with homicide,
robbery with rape, kidnapping with
serious physical injuries, kidnapping
with murder or homicide and rape
with homicide
Prosecution must necessarily prove
that each of the component offenses
with the same precision that would be
necessary if they were made the
subject of separate complaints
Special complex crime of robbery
with homicide, requisites
1. Taking the personal property is
committed
with
violence
or
intimidation against a person
2. Property take belong to another
3. Taking is done with animo lucrandi
(intent to gain)
4. By reason of the robbery or on
occasion thereof, homicide is
committed

Composite Crime
Composition of the
offenses is fixed by
law

Penalty is specific

Light

felony

is

Compound
or
Complex crime
Combination of the
offenses
is
not
specified
but
generalized,
that
is, grave and or
less grave, or one
offense being the
necessary means
to
commit
the
other
Penalty
is
that
corresponding
to
the most serious
offense imposed in
the
maximum
period
Light felony may

Criminal Law Notes|Reyes & Amurao

absorbed

be subject
separate
information

of

omissions punishable by
means of deceit and fault

Light felonies produced by the same


act should be treated and punished
as separate offenses or may be
absorbed by the grave felony.
Mala prohibita and mala in se cannot
be grouped together to form a
complex crime under Article 48
When in the definition of a felony, one
offense is a means to commit the
other, there is no complex crime
No complex crime when one offense
is committed to conceal another
If by complexing the crime, the
penalty would turn out to be higher,
do not complex anymore.

Complex Crime
Complejo

Requisites:

or

by

Delito

Requisites

Delito Compuesto

1. One single act committed by the


offender
2. That the single act produces:
a. two or more grave felonies
b. one or more grave and one
or more less grave felony
c. two or more less grave
felonies
Compound crime which exists when a
single act constitutes two or more
grave or less grave felonies
When several victims died from
several shots, the crimes of homicide
or murder are separate and distinct
Lawas Ruling, if there is no evidence
at all to show the number of persons
killed by each of several defendants,
court is constrained to find all the
accused guilty of one offense of
multiple homicide
Single-criminal impulse, same motive
or the single-purpose theory have no
legal basis however, theory is
acceptable when it is not certain who
manong the accused killed or injures
each of the several victims
Lawas Ruling not applicable when
there is conspiracy for act of one is
act of all. Each will be charged with
three counts of murder
Article 48 is applicable to crimes
through negligence for a felony is
defined in article 3 as acts and

Proper

law

1. At
least
two
offenses
are
committed
2. One or some of the offenses must
be necessary to commit the other
3. Both or all the offenses must be
punished under the same statute
Necessary means doesnt mean
indispensible means
Must have one single purpose
When in the definition of felony one
offense is a means to commit the
other, there is no complex crime
No complex crime when one offense
is committed to conceal the other
No complex crime where one of the
offense is penalized by a special law
No complex crime of rebellion with
murder, arson, robber, and other
common crimes, inherent in rebellion.
absorbed
Article 48 is mean to favor the culprit,
applies only where the Code does not
provide a definite specific penalty for
complex crime
When complex crime is charged and
one offense is not proven, the
accused can be convicted of the other

Plurality of Crimes or Concurso de


delitos

A case of material or real plurality


One under which different crimes
have been committed and for each of
which a separate criminal liability
attachess
Flaw, although two crimes have been
committed, they are not altogether
separate or disconnected from each
other both in law and in fact
Successive execution by the same
individual of different criminal acts
upon any of which no convicton has
yet been declared

Kinds of plurality of crimes


1. Formal or ideal plurality, only one
criminal liability (Article 48)
2. Real or material plurality, there
are different crimes in law as well
as in the conscience of the
offender, in such cases; the

Criminal Law Notes|Reyes & Amurao

offender shall be punished for


each and every offense that he
committed.

1. When a single act constitutes a


grave felony and a light felony
2. When a single act constitutes a
less grave felony and a light felony
3. When a single act constitutes two
or more light felonies
4. When a single act constitutes a
violation of the RPC and a violation
of a special law
5. When a single act constitutes a
violation of two or more special
laws
6. When an offense used is to
conceal another offense

No complex crime of homicide and


arson

One would be murder through arson


While the other is two separate
crimes of arsons for covering up the
murder
Separate crimes of robbery and rape
when
robbery
was
a
mere
afterthought

RA 7659, Section 8

Where the victim is raped while under


detention, the crime shall be special
complex crime of kidnapping or
serious illegal detention with rape

Felonies that cannot be complexed by


express provision under the Revised
Penal Code
1. Search
warrants
maliciously
obtained and abuse in the service
of those legally obtained
2. Direct Bribery
3. Maltreatment of prisoners
4. Occupation of real property or
usurpation of real rights in
property

RA6539

If by reason or on occasion of a
carnapping, the owner, driver or
occupant is killed, the crime is
qualified carnapping, carnapping in
an aggravated form or special
complex crime of carnapping with
homicide
Does not include frustrated homicide

Continued Crime or Delito Continuado

Article 49. Penalty to be imposed upon


the principals when the crime committed
is different from that intended
Rules as to the penalty to be imposed
when the crime committed is different
from the intended

A single crime consisting of a series


of acts but all arising from one
criminal resolution
A continuous, unlawful act or series of
acts set foot by single impulse and
operated by an unintermittent force
however long a time it may occupy
Only one crime committed
Unity of thought of the offender
When two acts are deemed distint
from
one
another,
although
proceeding from the same criminal
impulse, are two separate crimes
Not a complex crime because the
offender does not perform a single
act (Reyes)
Complex crime (amurao)
Not to be imposed in its maximum
period
Not a transitory crime or moving
crime

Crimes cannot be complexed in the


following instances

1. If the penalty for the felony


committed be higher than the
penalty for the offense which the
accused intended to commit, the
lower penalty shall be imposed
in its maximum period
2. If the penalty for the felony
committed be lower than the
penalty for the offense which the
accused intended to commit, the
lower penalty be imposed in its
maximum period
3. If
the
act
committed
also
constitutes
an
attempt
or
frustration of another crime, and
the law prescribed a higher
penalty for either of the latter,
the penalty for the attempted
or frustrated crime shall be
imposed in its maximum period

Applies only in error in personae


Applicable only when the intended
crime
and
the
crime
actually

Criminal Law Notes|Reyes & Amurao

committed
are
punished
with
different penalties
Article 49 constitutes a lighter
penalty than Article 48

Article 50. Penalty to be imposed upon


principals of a frustrated crime.
The penalty next lower in degree than
that
prescribed
by
law
for
the
consummated felony shall be imposed
upon the principal in a frustrated felony.
Article 51. Penalty to be imposed upon
principals of attempted crimes. A
penalty lower by two degrees than
that
prescribed
by
law
for
the
consummated felony shall be imposed
upon the principals in an attempt to
commit a felony.
Article 52. Penalty to be imposed upon
accomplices in consummated crime.
The penalty next lower in degree
than that prescribed by law for the
consummated crime shall be imposed
upon the accomplices in the commission
of a consummated felony.
Article 53. Penalty to be imposed upon
accessories to the commission of a
consummated felony. The penalty
lower by two degrees than that
prescribed by law for the consummated
felony shall be imposed upon the
accessories to the commission of a
consummated felony.
Article 54. Penalty to be imposed upon
accomplices in a frustrated crime.
The penalty next lower in degree than
prescribed by law for the frustrated
felony shall be imposed upon the
accomplices in the commission of a
frustrated felony.
Article 55. Penalty to be imposed upon
accessories of a frustrated crime.
The penalty lower by two degrees
than that prescribed by law for the
frustrated felony shall be imposed
upon the accessories to the commission
of a frustrated felony.
Article 56. Penalty to be imposed upon
accomplices in an attempted crime.
The penalty next lower in degree
than that prescribed by law for an
attempt to commit a felony shall be
imposed upon the accomplices in an
attempt to commit the felony.

Article 57. Penalty to be imposed upon


accessories of an attempted crime.
The penalty lower by two degrees
than that prescribed by law for the
attempted felony shall be imposed
upon the accessories to the attempt to
commit a felony.

Principals
Accompli
ces
Accessori
es

Consumma
ted

Frustrat
ed

Attempt
ed

0
1

1
2

2
3

Exceptions
1. Cases where the law expressly
prescribes the penalty for a
frustrated or attempted felony, or
cases where the law expressly
provides penalty to be imposed on
accomplices or accessories
2. The courts, in view of the facts of
the case, may impose upon the
person guilty of the frustrated
crime of parricide, murder or
homicide, defined and penalized in
Articles 246 to 249, a penalty
lower by one degfree than that
which should be imposed under
the provision of Article 50. The
courts, considering the facts of the
case, may likewise reduce by one
degree the penalty which under
Article 51 should be imposed for
an attempt to commit any of such
crimes.

Circumstances that may lower the


penalty by degree
1. Degree of participation of the
offender in the commission of the
crime
such
as
principal,
accomplice or accessory
2. Stage of execution on the
commission of the crime such as
consummated,
frustrated
or
attempted stage
3. Presence of a privileged mitigating
circumstance
(incomplete
justifying, incomplete exempting,
minority)
4. When there are two or more
mitigating circumstances and no
aggravating circumstances
5. Article 250 of RPC The courts, in
view of the facts of the case, may

Criminal Law Notes|Reyes & Amurao

impose upon the person guilty of


the frustrated crime of parricide,
murder or homicide, defined and
penalized in Articles 246 to 249, a
penalty lower by one degfree than
that which should be imposed
under the provision of Article 50.
The courts, considering the facts
of the case, may likewise reduce
by one degree the penalty which
under Article 51 should be
imposed for an attempt to commit
any of such crimes.
6. RA 9344, minority
7. Impossible crime
Article 58. Additional penalty to be
imposed upon certain accessories
Additional penalties for public officers
who are guilty as accessories under
Article 19 (3) who should act with
abuse of their public functions
1. Absolute
perpetual
disqualification,
if
principal
offender is quilty of a grave felony
2. Absolute
temporary
disqualification, if the principal
offender is quilty of less grave
felony
Applies only to public officers wo
abused their public functions
Article 59. Penalty to be imposed in
case of failure to commit the crime
because the means employed or the
aims sought are impossible:
Arresto mayor or a fine ranging from 200
to 500 pesos

Basis of imposition
1. Social Danger
2. Degree of criminality shown by the
offender
Article 60. Exception to the
established in Articles 50 to 57.

rules

1. Where
the
law
expressly
prescribes the penalty provided
for a frustrated or attempted
felony, or to be imposed upon
accomplices or accessories

Accomplice punished as a principal


1. ascendants, guardians, curators,
teachers and any person who by
abuse of authority or confidential

relationship shall cooperate as


accomplices in the crimes of rape,
acts of lasciviousness, seduction,
corruption of minors, white slave
trade or abduction
2. one who furnished the place for
the perpetration of the crime of
slight illegal detention

Accessory punished as a principal


1. Art 142 punishes an accessory
for knowingly concealed certain
evil practices

Certain accessories punished with a


penalty one degree lower rather than
two degrees
1. Knowingly using counterfeited seal
or forged signature or stamp of
the President (Article 162)
2. Illegal possession and use of false
treasury or bank note (Article 168)
3. Using a falsified document (Article
173 (3))
4. Using a falsified dispatch (Art 173
(2))
Article 61.
Penalties.

Rules

for

Graduating

Rules from Article 50 to 57 (base


consummated according to article
46)
1. Principal in frustrated- one degree
lower
2. Principal
in
attemptedtwo
degrees lower
3. Accomplice in consummated- one
degree lower
4. Accessory for consummated- two
degrees lower
Graduate Scale (Article 71)
1. Death
2. Reclusion Perpetua
3. Reclusion Temporal
4. Prision Mayor
5. Prision Correccional
6. Arresto Mayor
7. Destierro
8. Arresto Menor
9. Public Censure
10.Fine

First Rule:
When the penalty is single and
indivisible, the penalty next lower in
degrees

Criminal Law Notes|Reyes & Amurao

Since
there
is
only
Reclusion
Perpetua, answer is only Reclusion
Temporal

Second Rule:
a. When the penalty is composed of
two
indivisible
penalties,
penalty next lower in degree shall
be that immediately following the
lesser of the penalties (irrelevant
since there no more death
penalty)
b. When the penalty is composed of
one or more divisible penalties
to be imposed to their full extent,
penalty next lower in degree shall
be that immediately following the
lesser of the penalties

Third Rule:
When the penalty is composed of two
indivisible
penalties
and
the
maximum period of a divisible
penalty or when composed of one
divisible
penalty
and
the
maximum
of
one
divisible
penalty, the penalty next lower in
degree shall be composed of the
medium and minimum periods of the
proper divisible penalty and the
maximum periods of the proper
divisible penalty and the maximum
period of that immediately following

Fourth Rule:
When the penalty is composed of two
indivisible
penalties
and
the
maximum period of a divisible
penalty or when composed of one
divisible penalty the maximum of
one divisible penalty, the penalty
next lower in degree shall be
composed of the period immediately
following the minimum prescribed
and of the two next following, which
shall be taken from the penalty
prescribed, if possible; otherwise from
the penalty immediately following

Contemplates
periods

three

or

more

Fifth Rule:
When the penalty has only
periods, penalty lower by
degree formed by two periods

two
one

Section 2: Rules for the application of


penalties
with
regard
to
the
mitigating
and
aggravating
circumstances,
and
habitual
delinquency
Article 62. Effect of the attendance of
mitigating or aggravating circumstances
and of habitual delinquency
Paragraph 1: Aggravating circumstances
are not to be taken into account when:
1. they themselves constitute a
crime
2. they are included by law in the
definition of a crime
Maximum penalty shall be imposed if:
1. In the commission of a crime,
advantage was taken by the
offender of his public position
2. The offense was committed by any
person who belongs to an
organized/syndicated group
Paragraph 2: Same rules applies when
the aggravating circumstance is inherent
in the crime
Paragraph 3: Aggravating or mitigating
circumstances arising from any of the
following affect only those to whom such
circumstances are attendant:
1. from the moral attributes of the
offender
2. from his private relations w/ the
offended party
3. from any other personal cause
Paragraph 4: The circumstances which
consist of the following shall serve to
aggravate and mitigate the liability only
of those who had knowledge of them at
the time of the commission of the
offense:
1. material execution of the act, do
not affect all the participants in
the crime, but only to those
whom, they particularly apply
2. means employed to accomplish
the crime, 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

Criminal Law Notes|Reyes & Amurao

Cases where the attending aggravating


or mitigating circumstances are not
considered in the imposition of penalties
1. Penalty
that
is
single
and
indivisible
2. Felonies through negligence
3. Penalty is a fine
4. Penalty is prescribed by a special
law
Paragraph 5: Habitual delinquent

a person who within the period of 10


years from the date of his (last)
release or last conviction of the
crimes of serious or less serious
physical injuries, robbery, theft,
estafa or falsification is found guilty
of any of the said crimes a third time
or oftener
Ten year period to be computed from
the time of last release or conviction
Subsequent
crime
must
be
committed after conviction of the
former crime. Cases still pending are
not to be taken into consideration

Upon a third conviction, the culprit shall


be sentenced to the penalty provided by
law for the last crime of which he be
found guilty and to the additional penalty
of prision correccional in its medium and
maximum periods
Upon a fourth conviction, the culprit shall
be sentenced to the penalty provided for
the last crime of which he be found
guilty and to the additional penalty of
prision mayor in its minimum and
medium periods
Upon a fifth or additional conviction, the
culprit shall be sentenced to the penalty
provided for the last crime of which he
be found guilty and to the additional
penalty of prision mayor in its maximum
period to reclusion temporal in its
minimum period
Paragraph 6: two penalties imposed
upon an offender cannot exceed 30
years

Repetitive Aggravating Circumstance


1. Habitual Delinquency- a person
who within the period of 10 years
from the date of his (last) release
or last conviction of the crimes of
serious or less serious physical

injuries, robbery, theft, estafa or


falsification is found guilty of any
of the said crimes a third time or
oftener
Additional penalty shall be
imposed
2. Recidivist/Reincindencia- is one
who, at the time of his trial for one
crime, shall have been previously
convicted by a final judgment of
another crime embraced in the
same title of the Revised Penal
Code
If not offset by any mitigating
circumstance,
increase
the
penalty only to the maximum
3. Habituality/Reitiracionoffender
has been punished for an offense
to which the law attaches an equal
of greater penalty or for two or
more crimes to which it attaches a
lighter penalty
Not always an aggravating
circumstance
4. Quasi-Recidivism- any person who
shall commit a felony after having
been convicted by final judgment,
before beginning to serve such
sentence, or while serving the
same, shall be punished by the
maximum period of the penalty
prescribed by law for the new
felony
Imposes the maximum of the
penalty for the new offense,
and cannot be offset
Article 63. Rules for the application of
indivisible penalties
1. When the penalty is single indivisible,
it shall be applied regardless of any
mitigating
or
aggravating
circumstances
2. When the penalty is composed of two
indivisible penalties, the following
rules shall be observed:
a. One aggravating circumstance,
greater penalty shall be imposed
b. Neither mitigating nor aggravating
circumstance, lesser penalty shall
be imposed
c. Mitigating circumstance and no
aggravating circumstance, lesser
penalty shall be imposed
d. Both mitigating and aggravating
circumstance, offset

Criminal Law Notes|Reyes & Amurao

Only
a
privilege
mitigating
circumstance can lower by a degree,
even if in an indivisible penalty

If these conditions are not all present,


then the following penalties shall be
imposed:

Article 64. Rules for the application of


penalties which contain three periods.

1. grave felony arresto mayor max to


prision correccional min
2. less grave felony arresto mayor min
to arresto mayor med

1. No aggravating and no mitigating


circumstances medium period
2. One
mitigating
circumstance

minimum period
3. One aggravating circumstance
maximum period
4. Mitigating
and
aggravating
circumstance offset each other and
according to relative weight
5. two or more mitigating without any
aggravating
circumstance

on
degree lower
6. No penalty greater than maximum
period
no
matter
how
many
aggravating ciscumstances
7. Within the limits of each period, the
court shall determine the extent of
the penalty according to the number
and nature of the aggravating and
mitigating circumstances and the
greater and lesser extent of the evil
produced by the crime.
Article 65. Rule in cases in which the
penalty is not composed of three
periods. In cases in which the penalty
prescribed by law is not composed of
three periods, the courts shall apply the
rules contained in the foregoing articles,
dividing into three equal portions of time
included in the penalty prescribed, and
forming one period of each of the three
portions.
Article 66. Imposition of Fines
1. The court can fix any amount of the
fine within the limits established by
law
2. The court must consider:
a. Mitigating and aggravating
circumstances
b. Wealth or means of the
culprit
Article 67. Penalty to be imposed when
not all the requisites of exemption of the
fourth circumstance of Article 12 are
present

Requisites of Art 12 par 4(Accident)


1.
2.
3.
4.

act causing the injury must be lawful


act performed w/ due care
injury was caused by mere accident
no fault or intention to cause injury

Article 68. Penalty to be imposed upon


a person under eighteen years of age.

Repealed by RA 9344
Article 69. Penalty to be imposed when
the crime committed is not wholly
excusable. lack of some of the conditions
required to justify the same or to exempt
from criminal liability in the several
cases mentioned in Article 11 and 12 one
or two degrees lower if the majority of
the conditions for justification or
exemption in the cases provided in Arts.
11 and 12 are present
Article 70. Successive service of
sentence
1. When the culprit has to serve two or
more penalties, he shall serve them
simultaneously if the nature will so
permit
2. Otherwise,
the
order
of
their
respective severity shall be followed
3. Scale:
1. Death
2. Reclusion perpetua
3. Reclusion temporal
4. Prision mayor
5. Prision correccional
6. Arresto mayor
7. Arresto menor
8. Destierro
9. Perpetual absolute disqualification
10.Temporal absolute disqualification
11. Suspension from public office, the
right to vote and be voted for, the
right to follow a profession or
calling
12.Public censure.

Article 70 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 Article 70
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

Criminal Law Notes|Reyes & Amurao

Three-fold rule

The maximum duration of the


convicts sentence shall not be more
than three timed the length of time
corresponding to the most severe of
the penalties imposed upon him. No
other penalty to which he may be
liable shall be inflicted after the sum
of those penalties imposed equals the
said maximum period. In any case,
maximum period shall not exceed 40
years
Subsidiary imprisonment shall be
excluded in computing for the
maximum duration
If the sentences would be served
simultaneously, the Three-Fold rule
does not govern
The Three-Fold Rule can only be
applied if the convict is to serve four
or more sentences successively.

Article 71. Graduated scales.

Article 70 classifies penalties for the


purpose of the successive service of
sentences according to severity
Article 71 provides for the scales
which
should
be
observed
in
graduating penalties by degrees in
accordance with Article 61. Here,
destierro is higher than arresto menor
because the former is classified as a
correctional penalty while the latter is
a light penalty

Article 72. Preference in the payment of


the civil liabilities. The civil liabilities of a
person found guilty of two or more
offenses shall be satisfied by following
the chronological order of the dates of
the judgments rendered against him,
beginning with the first in order of time
Applies when there are two or more
offenses
Will based on the dates of judgment

Section 3- Provision common to the


last two sections.

Used for Article 61

SCALE NO. 1
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure,
10.Fine
SCALE NO. 2
1. Perpetual
absolute
disqualification,
2. Temporal absolute disqualification
3. Suspension from public office, the
right to vote and be voted for, the
right to follow a profession or
calling,
4. Public censure,
5. Fine.

Article 25, 70 and 71 compared

Article 25 classifies principal and


accessory
penalties
and
the
subdivision of principal penalties to
capital, afflictive, correctional and
light

Article 73. Presumption in regard to the


imposition of accessory penalties

Accessory penalties are deemed


imposed. However, the subsidiary
imprisonment must be expressly
stated in the decision

Article 74 Penalty higher than reclusion


perpetua in certain cases. In cases in
which the law prescribes a penalty
higher than another given penalty,
without specially designating the name
of the former, if such higher penalty
should be that of death, the same
penalty and the accessory penalties of
Article 40, shall be considered as the
next higher penalty.

Death must be designated by name,


for the other penalties, this does not
apply.

Article 75. Increasing or reducing the


penalty of fine by one or more degrees.
shall
be
increased
or
reduced,
respectively, for each degree, by onefourth
of
the
maximum
amount
prescribed by law, without however,
changing the minimum.
The same rules shall be observed with
regard of fines that do not consist of a
fixed amount, but are made proportional.

Criminal Law Notes|Reyes & Amurao

Article 76. Legal period of duration of


divisible penalties

Maximum Period

Reclusion Temporal
Whole
Minimum Period

Medium Period

Maximum Period

12 years and 1
day to 20 years
12 years and 1 day
to 14 years and 8
months
14 years and 8
months to 17 years
and 4 months
17 years and 4
months to 20 years

Prision Mayor and Absolute


Temporary Disqualification

and

Whole

day

Minimum Period
Medium Period
Maximum Period

Medium Period

6 years and 1
to 12 years
6 years and 1
to 8 years
8 years and 1
to 10 years
10 years and 1
to 12 years

day
day

Medium Period

Maximum Period

Minimum Period
Medium Period
Maximum Period

Arresto Menor
Whole
Minimum Period

From 1 to 30 days.
From 1 to 10 days.

to

30

If there are 3 distinct penalties; there


shall be a minimum, a medium and a
maximum
Complex penalty is a penalty imposed
by law composed of three distinct
penalties, each forming a period

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 jail.
Avoid
prolonged
imprisonment,
because it is proven to be more
destructive than constructive to the
offender
Shortening the possible detention of
the convict in jail is to save valuable
human resources
If the valuable human resources were
allowed prolonged confinement in jail,
they would deteriorate

When punished by the Revised Penal


Code:

Arresto Mayor
From 1 month and
1 day to months
From 1 month and
1 day to months
From 2 months and
1 day to 4 months.
From 4 months and
1 day to 6 months

21

How to compute:

Whole

20

Purpose

Minimum Period

to

Indeterminate Sentence Law

day

6 months and 1
day to 6 years
6 months and 1
day to 2 year and 4
months
2 years, 4 months
and 1 day to 4
years
and
2
months
4 years and 2
months to 6 years

11

Article 73. When the penalty is a


complex one composed of three distinct
penalties.

Prision Correccional, Suspension and


Destierro
Whole

From
days.
From
days.

Maximum of the indeterminate


sentence will be arrived at by taking
into account the attendant mitigating
and/or aggravating circumstances
according to Article 64 of the Revised
Penal Code
Minimum of the indeterminate
sentence, the court will take into
account the penalty prescribed for
the crime and go one degree lower.
If there is a privilege mitigating
circumstance which has been taken 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.

Criminal Law Notes|Reyes & Amurao

When punished by a special law

Maximum, 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.
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
No
mitigating
and
aggravating
circumstances are taken into account.

Penal
laws
should
always
be
construed an applied in a manner
liberal or lenient to the offender

The Indeterminate Sentence


shall not apply to (Section 2)

Law

1. Persons convicted of offense


punishable with death penalty
or life imprisonment
2. Persons convicted of treason,
conspiracy or proposal to
commit treason
3. Persons convicted of misprision
of treason, rebellion, sedition,
espionage
4. Persons convicted of piracy
5. Persons
who
are
habitual
delinquents
6. Persons who shall have escaped
from confinement or evaded
sentence
7. Those who have been granted
conditional pardon by the Chief
Executive
and
shall
have
violated the term thereto
8. Those whose maximum term of
imprisonment does not exceed
one year (consider the maximum
term not the minimum term), but
not to those already sentenced by
final judgment at the time of the
approval
of
Indeterminate
Sentence Law
9. Those sentenced to destiero or
suspension
10.
Those
found
guilty
of
violating the Human Security
Act

Purpose of specifying the minimum


and maximum terms

Pro Reo Principle

Indeterminate Sentence Law should


not be applied when it is unfavorable
to the accused

Indeterminate Sentence Law does not


apply to non-divisible penalties.

1. Prevent
unnecessary
and
excessive deprivation of liberty
2. To
enhance
the
economic
usefulness of the accused, since
he may be exempted from serving
the entire sentence, depending
upon his behavior and his
physical, mental and moral record
Prisoner could be released on parole
after serving the minimum sentence
and could be rearrested to serve the
maximum

Criteria for release


minimum term

after

serving

1. That such prisoner is fitted by his


training for release
2. That there is a reasonable
probability that such prisoner will
live and remain at liberty without
violating the law
3. That such release will not be
incompatible with the welfare of
the society

Period of Surveillance after release of


the prisoner on parole

Report to officials for the remaining


term
Rearrested
if
he
violated
the
conditions of his parole and shall
serve the remaining of his sentence

Factors to be considered in applying


the Indeterminate Sentence Law
His relationship;
1. Toward his dependents, family and
associates and their relationship
with him
2. Towards the society at large

Final Release

Board will issue final release and


discharge if he showed to be a lawabiding citizen and shall not violate
laws of the Philippines

PD 968: Probation Law

Criminal Law Notes|Reyes & Amurao

Probation 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. This may be availed of before
the convict begins serving sentence by
final judgment and provided that he did
not appeal anymore from conviction.

Those Disqualified

1. those sentenced to a max of term


of imprisonment of more than 6
years
2. those convicted of subversion or
any
crime
against
national
security or public order
3. those
who
were
previously
convicted by final judgment of an
offense punished by imprisonment
of not less than 1 month and 1
day and/or fine of not more than
200
4. those who have been once on
probation
5. those already serving sentence
If the penalty is six years plus one
day, he is no longer qualified 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 disqualifies 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. So even if
the prison term would sum up to
more than six years, if none of the
individual penalties exceeds six
years, the offender is not disqualified
by such penalty from applying for
probation.
those
who
are
convicted
of
subversion or any crime against the
public order are not qualified for
probation

Purpose

To promote the correction and


rehabilitation of an offender by
providing him with individualized
treatment;
To provide an opportunity for the
reformation of a penitent offender
which might be less probable if he
were to serve a prison sentence;
To prevent the commission of
offenses;
To decongest our jails; and to save
the
government
much
needed
finance for maintaining convicts in jail

Probation is only a privilege.


So even if the offender may not be
disqualified of probation, yet 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 may
refuse or deny an application for
probation.

May a recidivist be given the benefit


of Probation Law?

No, except if the earlier conviction refers


to a crime the penalty of which does not
exceed 30 days imprisonment or a fine
of not more than P200.00 (Arresto
Menor), such convict is not disqualified of
the benefit of probation
The moment the accused perfects an
appeal
from
the
judgment
of
conviction, he cannot avail of
probation anymore

An application for probation is


exclusively within the jurisdiction of
the trial court that renders the
judgment. For the offender to apply in
such court, he should not appeal such
judgment
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.

Generally, the courts do not grant an


application for probation for violation
of the Dangerous Drugs Law, because
of the prevalence of the crime
If it were the non-probationable
crime, then regardless of the penalty,
the convict cannot avail of probation
Generally, the penalty which is not
probationable
is
any
penalty
exceeding six years of imprisonment.
Offenses which are not probationable
are those against natural security,
those against public order and those
with reference to subversion
Persons who have been granted of
the benefit of probation cannot avail
thereof for the second time

Probation shall be denied if the court


finds:
1. That the offender is in need of
correctional treatment that can be

Criminal Law Notes|Reyes & Amurao

provided most effectively by his


commitment to an institution
2. That there is undue risk that
during the period of probation the
offender will commit another
crime
3. Probation will depreciate the
seriousness of the crime

4. judge to order probation officer to


investigate
case(whether
qualified, character antecedents,
environment, mental and physical
condition
and
available
institutional
and
community
resources) Officer to submit report
not later than 60 days. Court to
give decision not later than 15
days after receipt of report.
Pending investigation, may be
released under bail. No bail filed,
can be released on the custody of
a responsible member of the
community.

Mandatory conditions
1. The convict must report to the
Probation Officer (PO) designated
in the court order approving his
application for Probation within 72
hours from receipt of Notice of
such
order
approving
his
application
2. The convict, as a probationer,
must report to the PO at least
once a month during the period of
probation unless sooner required
by the PO.

Discretionary 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 restrictions:
1. The conditions imposed should not
be unduly restrictive of the
probationer
2. such condition should not be
incompatible with the freedom of
conscience of the probationer

Procedure of Probation
1. trial court gives a sentence (one
that
qualifies
to
apply
for
probation)
2. within the period for filing an
appeal, must apply for probation
in the trial court. If already filed an
appeal. As long as records havent
reached appellate courts, must
withdraw to apply for probation.
Applying for probation means
waiver of RT to appeal.
3. upon application, trial court to
suspend execution of sentence.
But does not mean already on
probation

The judge may grant the application


or not
Expiration of the probation period
does not automatically terminate
probation. Must have court order.

Chapter V: Execution
Service of Penalties

and

Section 1: General Provisions


Article 78. When and how a penalty is
to be executed.
Only penalty by final judgment can be
executed.

Judgment is final if

the accused has not appealed within


15 days or he has expressly waived in
writing that he will not appeal.
Sentence has been partially or totally
satisfied or served
Waive his right to appeal in writing
When accused applied for probation
An appeal suspends the service of the
sentence imposed by the trial court.
In the absence of an appeal, the law
contemplates a speedy execution of
the sentence, and in the orderly
administration
of
justice,
the
defendant
should
be
forthwith
remanded to the sheriff for the
execution of the judgment.

Article 79. Suspension of the execution


and service of the penalties in case of
insanity

after final sentence, suspend the


sentence regarding the personal
penalties

Criminal Law Notes|Reyes & Amurao

if he recovers, the sentence is


executed unless it has prescribed
the payment of civil or pecuniary
liabilities shall not be suspended

Art 80. (as amended by PD 603: Child


and Youth Welfare Code)

Intervention
Refers to a series of activities which are
designe to address issues that caused
the child to commit an offense. It may
take form of an individualized treatment
program which may include counseling,
skills training, education and other
activities that will enhance his/her
psychological, emotional and psychosocial well being

Diversion
Refers
to
an
alternative,
childappropriate processs of determing the
responcibility and treatment of a child in
conflict with the law on the basis of
his/her
social,
cultural,
ecojomic,
psychological or educational background
without resorting to formal court
proceedings

Section 2:
Penalties

Execution

of

Principal

Article 81. When and how the death


penalty is to be executed

Amended RA 8177
DEATH PENALTY
What are heinous crimes?
These are grievous, odious and hateful
offenses, 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, civilized
and ordered society.
Article 82. Notification and execution of
the sentence and assistance to the
culprit

Designate a working day which shall


not be communicated to the offender
before the sunrise of said day. The
execution shall not take place until
after the expiration of at least 8 hours
following such notification.

Article 83. Suspension of the execution


of the death sentence.
Death
sentence
commuted
to
Reclusion Perpetua:
woman, while pregnant or within 1 yr
after delivery (only suspended)
person over 70 years old
Article 84. Place of execution and
persons who may witness the same take
place in the penitentiary or Bilibid in a
space closed to the public view shall be
witnessed only by the priests assisting
the offender and by his lawyers, and by
his relatives, not exceeding six physician
and the necessary personnel of the penal
establishment, and by such persons as
the Director of Prisons may authorize
Article 85. Provisions relative to the
corpse of the person executed and its
burial. Unless claimed by his family, the
corpse of the culprit shall, upon the
completion of the legal proceedings
subsequent to the execution, be turned
over to the institute of learning or
scientific research first applying for it, for
the purpose of study and investigation,
provided that such institute shall take
charge of the decent burial of the
remains. Otherwise, the Director of
Prisons shall order the burial of the body
of the culprit at government expense,
granting permission to be present
thereat to the members of the family of
the culprit and the friends of the latter. In
no case shall the burial of the body of a
person sentenced to death be held with
pomp.
Article
86.
Reclusion
perpetua,
reclusion
temporal,
prision
mayor,
prision correccional and arresto mayor.
The penalties of reclusion perpetua,
reclusion
temporal,
prision
mayor,
prision correccional and arresto mayor,
shall be executed and served in the
places
and
penal
establishments
provided by the Administrative Code in
force or which may be provided by law in
the future.
Article 87. Destierro. Any person
sentenced to destierro shall not be
permitted to enter the place or places
designated in the sentence, nor within
the radius therein specified, which shall
be no

Execution of Destierro
Convict shall not be permitted to enter
the place designated in the sentence nor
be

He can execute a will.

Criminal Law Notes|Reyes & Amurao

1. within the radius specified, which


shall not be more than 250 and
not less than 25 km
2. from the place designated

If the convict enters the prohibited


area, he commits evasion of sentence

Article 88. Arresto menor.

Served where

In the municipal jail


In 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. But the reason
is not satisfactory just because the
offender is a respectable member of
the community

Title
Four:
Extinction
Criminal Liability

of

2.

on the source obligation upon which


the same is based as explained
above.
What is contemplated in Article 89 is
that the accused who died before the
finality of a verdict or conviction
cannot
be
ordered
to
make
restitution,
reparation
or
indemnification to the offended party
by way of moral and exemplary
damages
Where 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 offended party
pending the trial is not included in the
total extinction of criminal liability
under Article 89, neither is it a ground
for the dismissal of a criminal
complaint or information
By service of the sentence
Crime is a debt, hence extinguished
upon payment
Service does not extinguish civil
liability

Chapter I: Total Extinction of Criminal


Liability

Article 89. How criminal liability is


totally extinguished.
Criminal liability is totally extinguished:

3. By
amnesty,
which
completely
extinguishes the penalty and all its
effects

1. By the death of the convict, as to the


personal
penalties
and
as
to
pecuniary penalties, liability therefor
is extinguished only when the death
of the offender occurs before final
judgment.

AMNESTY is an act of the sovereign


power granting oblivion or general
pardon. It wipes all traces and vestiges
of the crime but does not extinguish civil
liability

Extinguishes criminal liability


Extinguishment of criminal liability is
a ground of motion to quash
Criminal liability whether before or
after final judgment is extinguished
upon death because it is a personal
penalty
Pecuniary penalty is extinguished
only when death occurs before final
judgement as well as the civil liability
based solely thereon
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
Where the civil liability survives, an
action for recovery therefore, may be
pursued but only by way of filing a
separate civil action. This separate
civil action may be enforced either
against the executor/administrator of
the estate of the accused, depending

4. By absolute pardon
PARDON 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

Pardon, although absolute does not


erase the effects of conviction.
Considering that recidivism does not
prescribe, no matter how long ago
was the first conviction, he shall still
be a recidivist
When the crime carries with it moral
turpitude, the offender even if
granted pardon shall still remain
disqualified from those falling in
cases where moral turpitude is a bar
Pardon 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 require a final judgment; it may

Criminal Law Notes|Reyes & Amurao

be given before final judgment or


after it.
5.

By prescription of the crime

When the crime prescribes, the state


loses the right to prosecute
Prescription of a crime is the
loss/forfeiture of the right of the state to
prosecute the offender after the lapse of
a certain time.

6. By prescription of the penalty

the loss/forfeiture of the right of


government to execute the final
sentence after the lapse of a certain
time there must be final judgment
and the period has elapsed

7. By the marriage of the offended


woman, as provided in Art 344 of this
Code

years or more but


less than 6 years
Imprisonment for 6
years or more
Internal
Revenue
Law offenses
Violations
of
municipal
ordinances
Violations of the
regulations or
conditions
of
certificate of
convenience by the
Public Service
Commission

Death,
reclusion
perpetua or
reclusion temporal
Other
afflictive
penalties
Correctional
penalty,
except
arresto
mayor
Arresto mayor
Libel
or
other
similar offenses
Oral
defamation
and
slander
by
deed
Light offenses

15 years
10 years

6 years

2 years

Prescriptive periods of offenses


punished under special laws and
municipal ordinances

Fine only; or
imprisonment
for
not more than 1
month,
Or both,
Imprisonment
for
more
than
1
month,
but less than 2
years
Imprisonment for 2

Prescriptive
Period
1 year

4 years

2 months

Not applicable in the following cases

Penalty or Felony

2 months

1. Period of prescription commences


to run from the day on which the
crime is discovered by the
offended party, the authorities or
their agents
2. Interrupted by the filing of a
complaint
3. Commences to run again when
such proceeding terminate without
the accused beingconvicted or
acquitted or are unjustifiably
stopped for any reason mot
imputable ot him
4. Term of prescription shall not run
when the offender is absent from
the Philippines

Prescriptive
Period
20 years

5 years
1 year

5 years

Article 91. Computation of prescription


of offense.

Article 90. Prescription of crime


Penalty or Felony

12 years

In continuing crimes where the


prescriptive period will start to run
only at the termination of the
intended result
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 offices. 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.
In the crime of false testimony where
the prescriptive period is reckoned
from the day of final judgment is
rendered by the court and not at the
time the false testimony was made.

Article 92. When and how penalties


prescribe.
8 years

Penalty

Prescriptive

Criminal Law Notes|Reyes & Amurao

Death
Reclusion perpetua
Other
afflictive
penalties
Correctional
penalties,
except
arresto
mayor
Arresto mayor
Light penalties

15 years

Conditional pardon contract between


the sovereign power of the executive and
the convict, Convict shall not violate any
of the penal laws of the Philippines

10 years

Violation of conditions

Period
20 years

5 years
1 year

of

the

For the penalty to prescribe, he must


be brought to Muntinlupa, booked
there, placed inside the cell and
thereafter he escapes

Penalty is final
Convict evaded the sentence
Convict has not given himself up
Penalty has prescribed because of
lapse of time from the date of the
evasion of the service of the
sentence

Interruption of the period

1. If the defendant surrenders


2. If he is captured
3. If he should go into a foreign
country with which the Philippines
has no extradition treaty
4. If he should commit another crime
before the expiration of the period
of prescription
5. Acceptance
of
a
conditional
pardon

If a government has an extradition


treaty w/ the country to w/c a convict
escaped and the crime is not included
in the treaty, the running of the
prescription is interrupted
Sentence evasion clearly starts the
running of the prescription. It does
not interrupt it.
Acceptance of the conditional pardon
interrupts the prescriptive period.

Article 94. Partial Extinction of criminal


liability.

By conditional pardon

re-

The change in the decision of the court


by the chief executive by reducing
degree of the penalty or by decreasing
the length of the imprisonment or fine

Allowed when

person over 70 yrs old


10 justices fail to reach a decision
affirming the death penalty

Consent
not
necessary
in
commutation
Prisoner is also allowed special time
allowance for loyalty which is 1/5
deduction of the period of his
sentence

Elements
1.
2.
3.
4.

and

By commutation of the sentence

final sentence must be imposed


if A 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

Article
93.
Computation
prescription of penalties

Offender
is
re-arrested
incarcerated
Prosecution under Article 159

PAROLE consists in the suspension of


the sentence of a convict after serving
the minimum term of the indeterminate
penalty,
without
granting
pardon,
prescribing the terms upon which the
sentence shall be suspended. In case his
parole conditions are not observed, a
convict may be returned to the custody
and continue to serve his sentence
without deducting the time that elapsed.

For good conduct allowances which


the culprit may earn while he is
serving his sentence.
Article 95. Obligation incurred
person granted conditional pardon

by

Condition of pardon is limited to


unserved portion of the sentence,
unless an intention to extend it
beyond the time is manifest

Article 96. Effect of commutation of


sentence. The commutation of the
original sentence for another of a
different length and nature shall have
the legal effect of substituting the latter
in the place of the former
ARTICLE
97. Allowance
for
good
conduct. The good conduct of any
offender
qualified
for
credit
for
preventive imprisonment pursuant to

Criminal Law Notes|Reyes & Amurao

Article 29 of this Code, or of any


convicted
prisoner
in
any
penal
institution, rehabilitation or detention
center or any other local jail shall entitle
him to the following deductions from the
period of his sentence:
1. During the first two years of
imprisonment, he shall be allowed
a deduction of twenty days for
each month of good behavior
during detention
2. During the third to the fifth
year,
inclusive,
of
his
imprisonment, he shall be allowed
a reduction of twenty-three
days for each month of good
behavior during detention
3. During the following years until
the tenth year, inclusive, of his
imprisonment, he shall be allowed
a deduction of twenty-five days
for each month of good behavior
during detention;
4. During
the
eleventh
and
successive
years
of
his
imprisonment, he shall be allowed
a deduction of thirty days for
each month of good behavior
during detention; and
5. At any time during the period of
imprisonment, he shall be allowed
another deduction of fifteen
days, in addition to numbers one
to four hereof, for each month of
study, teaching or mentoring
service time rendered.
An appeal by the accused shall not
deprive him of entitlement to the above
allowances for good conduct.
ARTICLE 98. Special time allowance for
loyalty. A deduction of one fifth of the
period of his sentence shall be granted
to any prisoner who, having evaded his
preventive imprisonment or the service
of his sentence under the circumstances
mentioned in Article 158 of this Code,
gives himself up to the authorities within
48 hours following the issuance of a
proclamation announcing the passing
away of the calamity or catastrophe
referred to in said article. A deduction of
two-fifths of the period of his sentence
shall be granted in case said prisoner
chose to stay in the place of his
confinement
notwithstanding
the
existence of a calamity or catastrophe
enumerated in Article 158 of this Code
This Article shall apply to any prisoner
whether
undergoing
preventive
imprisonment or serving sentence.

ARTICLE
99. Who
grants
time
allowances.
Whenever
lawfully
justified, the Director of the Bureau of
Corrections, the Chief of the Bureau of
Jail Management and Penology and/or
the Warden of a provincial, district,
municipal or city jail shall grant
allowances for good conduct. Such
allowances once granted shall not be
revoked
Article 100. Civil liability of a person
guilty of felony. Every person
criminally liable for a felony is also civilly
liable.

Injury arising from offense


1. Social injury produced by the
criminal act that is sought to be
repaired through the imposition of
the corresponding penalty
2. Personal injury caused the victim
of the crime, an injury sought to
be
compensated
through
indemnity is civil in nature

Two kinds of civil liability


1. Civil liability ex delicto, civil
liability rising from the
criminal offense
2. Independent Civil liability, may be
pursued independently of the
criminal proceeding

Independent Civil Action

Civil action allowed by the law to


be brought separately

Article 32 and 33 of the Civil Code


Prejudicial Civil Question
One which arises in a case, the
resolution of which is a logical
antecedent of the issue involved in said
case, and the cognizance of which
pertains to another tribunal

Elements:
1. The previously instituted civil
action involves an issue similar or
intimately related to the issue
raised in the subsequent case
2. The resolution of the issue
determines whether or not the
criminal action may proceed

Criminal Law Notes|Reyes & Amurao