MEMORY AID IN CRIMINAL LAW

BOOK ONE

b.

CRIMINAL LAW The branch or division of law which defines crimes,

treats of their nature and provides for their punishment.
LIMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL LAWS
The law must not: (CODE:VEBI)
1. Violate the equal protection clause of the Constitution.
2. Partake the nature of an ex post facto law.
3. Partake of the nature of a bill of attainder.
4. Impose cruel and unusual punishment nor excessive fines.

CHARACTERISTICS OF CRIMINAL LAW

1. GENERAL - criminal law is binding on all persons who live or sojourn in
Philippine territory (Art. 14, NCC.).
EXCEPTIONS: those who are exempted by:
a. Treaty stipulations.
b. Laws of preferential application
c. Principles of public internal law (i.e., sovereigns and other chiefs of
state, ambassadors, ministers plenipotentiary, ministers resident, and
their charges daffaires.
But consuls, vice-consuls and other
commercial representatives of foreign nations cannot claim the same
privileges and immunities.
2. TERRITORIAL - criminal laws of the Philippines are enforceable only
within its territory.
EXCEPTION:
Art. 2 of the Revised Penal Code.
3. PROSPECTIVE - penal laws cannot make an act punishable in a manner
in which it was not punishable when committed. As provided in Article
366 of the Revised Penal Code, crimes are punished under the laws in
force at the time of their commission.
EXCEPTION:
When a new statute dealing with the crime established conditions
more lenient or favorable to the accused, it can be given a retroactive
effect.
EXCEPTION TO THE EXCEPTION:
a. The new law is expressly made inapplicable to pending actions or
existing causes of actions.

The offender is a habitual criminal.

If the new law totally repeals the existing law so that the act which was
penalized under the old law is no longer punishable, the crime is
obliterated.

ART. 1. TIME WHEN THE ACT TAKES

EFFECT
TWO SCHOOLS OF THOUGHT IN CRIMINAL LAW
CLASSICAL
1. Basis of
criminal
liability

Human free
will

2. Purpose
of penalty
3. Exemplified in

Retribution
The RPC in
general

POSITIVIST
The sum of
social and
economic
phenomena to
which the actor
is exposed
Prevention or
correction
The provisions
on impossible
crimes and
habitual
delinquency

NOTE: A third school of thought may be added which is called:

Eclectic or Mixed Philosophy this combines both positivist and classical
thinking. Crimes that are economic in nature and social in nature should be
dealt with in a positivist manner; thus, the law is more compassionate.
Heinous crimes should be dealt with in a classical manner: thus, capital
punishment as imposed by RA 7659 is justified.

ART. 2. APPLICATION OF ITS

PROVISIONS
Exception to the Principle of Territoriality
RULES ON VESSELS:
1. A Philippine vessel or aircraft must be understood as that which is
registered in the Philippine Bureau of Customs.
2.

On Foreign Merchant Vessels:

FRENCH RULE

ENGLISH RULE

GENERAL RULE:
Crimes are not triable
in the courts of the
country,
EXCEPTION:
their
commission
affects the peace and
security of the territory
or the safety of the
state is endangered.

GENERAL RULE:
Crimes are triable in
the country,

Merchant Vessel vs. Warship(Public Vessel)

MERCHANT

WARSHIP

More or less subject to

territorial laws

Territory of the country

where they belong.
Not
subject
to
territorial laws

ART. 3. FELONIES
GENERAL ELEMENTS OF FELONIES:
1.
2.
3.

There must be an act or omission i.e., external acts, internal acts are
beyond the sphere of penal laws.
The act or omission must be punishable by the RPC;
The act is performed or the omission incurred by means of dolo or
culpa.

CLASSIFICATION OF FELONIES ACCORDING TO THE MEANS

BY WHICH THEY ARE COMMITTED
1.

Culpable felonies Performed without malice.

REQUISITES OF CULPA:
1. FREEDOM;
2. INTELLIGENCE;
3. NEGLIGENCE AND IMPRUDENCE.
Such negligence or
indifference to duty or to consequence is, in law, equivalent to
criminal intent.
REASON FOR PUNISHING ACTS OF NEGLIGENCE:
A man must use common sense, and exercise due reflection in all
his acts; it is his duty to be cautious, careful and prudent.

EXCEPTION:
they merely affect
things within the vessel
or they refer to the
internal management
thereof.

NOTE: The English rule is more assertive while the French rule is more
restrained.
3.

2.

Intentional felonies - the act is performed with deliberate intent or

malice.
REQUISITES OF DOLO OR MALICE:
1.FREEDOM;
2.INTELLIGENCE;
3.INTENT while doing the act or omitting to do the act. Criminal intent is
presumed from the commission of an unlawful act.

3.

Mala Prohibita- the third class of crimes punishable by SPECIAL

LAWS, and where criminal intent (or criminal negligence) is not, as a rule,
necessary, it being sufficient that the offender has the intent to perpetrate the
act prohibited by the special law.

1. As to
moral trait
of
the
offender
2. As to
use
of
good faith
as
a
defense
3. As to
degree of
accomplish
ment of the

crime

4.

As to
mitigating

MALA IN SE vs. MALA PROHIBITA

(CODE: G-CLAMP)
MALA IN SE
MALA
PROHIBITA
The moral trait The moral trait of
is
considered. the offender is not
Liability
will considered. It is
arise only when enough that the
there is dolo or prohibited act was
culpa.
voluntarily done.
Good faith or Good faith is not a
lack of criminal defense.
intent is a valid
defense; unless
the crime is the
result of culpa.
The degree of The act gives rise
accomplishment to a crime only
of the crime is when
it
is
taken
into consummated.
account
in
punishing
the
offender.
Mitigating
and Mitigating
and

and
aggravating
circumstances

5. As to
degree of
participati
on

6. As to
what laws
are
violated

aggravating
circumstances
are taken into
account
in
imposing
the
penalty
When there is
more than one
offender,
the
degree
of
participation of
each
in
the
commission of
the
crime
s
taken
into
account.
1. Violation of
the R.P.C.
(General
rule)

aggravating
circumstances are
not taken into
account

ART. 4. CRIMINAL LIABILITY

REQUISITES FOR CRIMINAL LIABILITY FOR A FELONY, DIFFERENT
FROM THAT INTENDED TO BE COMMITTED
(ART 4 PAR. 1 ):
1. That an Intentional felony has been
committed;
2. That the wrong done be different from that which was intended: and
3. That the intentional felony be the proximate cause of the wrong done.

Degree
of
participation is not
taken
into
account. All who
perpetrated
the
act are punished
to
the
same
extent.

PROXIMATE CAUSE -the cause, which, in natural and continuous

sequence, unbroken by any efficient intervening cause, produces the injury,
and without which the result would not have occurred.
CAUSES WHICH MAY PRODUCE A RESULT DIFFERENT FROM THAT
INTENDED
1. Error in personae - mistake in the identity of the victim
2. Aberratio ictus- mistake in the blow
3. Praeter intentionem- the injurious result is different from that intended

1. Violation
of
Special Laws
(General rule)

REQUISITES OF MISTAKE OF FACT AS DEFENSE: (U.S. vs. Ah Chong)

1. The act done would have been lawful had the facts been as accused
believed them to be
2. The intention of the accused in doing the act was lawful
3. The mistake was without fault or carelessness on the part of the accused

TEST TO DETERMINE WHETHER OFFENSE IS MALA IN SE:

The test is not the law punishing it but the nature of the act itself.
Although as a rule, special laws punish acts as mala prohibita, if the act
punished is wrongful in nature, or inherently immoral, like the offense
under the Election Code regarding the omission of the voters name in
the voters list, the act is considered wrong per se and not a wrong
merely because it is prohibited. Hence, good faith and lack of criminal
intent are valid defenses (People vs Sunico [CA] 50 O.G., 5880)

INTENT
1. purpose to use
particular means to
effect such result
2. element of the
crime,
except
in
malum prohibitum
3.
essential
in
intentional felonies

REQUISITES OF AN IMPOSSIBLE CRIME (ART. 4, PAR. 2):

1. That the act performed would be an offense against persons or property
2. That the act was done with evil intent
3. That its accomplishment is inherently impossible, OR that the means
employed is either inadequate or ineffectual.
4. That the act performed should NOT constitute a violation of another
provision of the Revised Penal Code.

MOTIVE
1. moving power which
impels one to act

2. NOT an element of
the crime
3. essential only when
the identity of the
perpetrator is in doubt

There is no such thing as an attempted or frustrated impossible crime.

ART. 6. CONSUMMATED,
FRUSTRATED AND
ATTEMPTED FELONIES
STAGES OF OFFENSES
1.

CONSUMMATED FELONY - A felony is consummated when all the

elements necessary for its execution and accomplishment are present.

2.

FRUSTRATED FELONY
ELEMENTS:
(CODE: APNI)
1. The offender performs all the acts of execution
2. All the acts performed would produce the felony as a consequence
3. But the felony is not produced
4. By reason of causes independent of the will of the perpetrator

ATTEMPTED, FRUSTRATED OR CONSUMMATED:

(CODE- MEN)
1. Nature of the offense
2. Elements constituting the felony
3. Manner of committing the felony
FORMAL CRIMES - consummated in one instant, no attempt.
MATERIAL CRIMES - 3 stages of execution.

3.

ATTEMPTED FELONY
ELEMENTS:
(CODE: CANO)
1. The offender commences the commission of the felony directly by
overt acts
2. He does not perform all the acts of execution which should produce
the felony
3. The offenders act be not stopped by his own spontaneous
desistance;
4. The non-performance of all acts of execution was due to cause or
accident other than his own spontaneous desistance.

OVERT ACTS: Some physical activity or deed, indicating intention to

commit a particular crime, more than a mere planning or preparation,
which if carried to its complete termination following its natural course,
without being frustrated by external obstacles, nor by voluntary
desistance of the perpetrator will logically ripen into a concrete offense.
INDETERMINATE OFFENSE: One where the purpose of the offender in
performing an act is not certain. The accused maybe convicted for a
felony defined by the acts performed by him up to the time of desistance.
(People vs. Lamahang, 61 Phil 703)

TWO STAGES IN THE DEVELOPMENT OF A CRIME:

1. Internal acts, such as mere ideas in the mind of a person, are not
punishable even if they would constitute a crime, had they been carried
out.
2. External acts cover a) preparatory acts and b) acts of execution.
a. Preparatory acts are ordinarily not punishable. But preparatory acts,
considered by law as independent crimes, are punishable (e.g. the
possession of picklocks under Art. 304, RPC, which is a preparatory
act to the commission of robbery).
b. Acts of execution are punishable under the Revised Penal Code.
FACTORS TO CONSIDER IN DETERMINING WHETHER THE FELONY IS

ART. 7. LIGHT FELONIES

GENERAL RULE: Light felonies are punishable only when they have been
consummated.
EXCEPTION: If committed against persons or property, punishable even if
attempted or frustrated.

Only principals and accomplices are liable for light felonies

Accessories are not liable, even if they are committed against persons or
property.

ART. 8. CONSPIRACY AND PROPOSAL

TO COMMIT FELONY
REQUISITES OF CONSPIRACY:
1. That two or more persons came to an agreement;
2. That the agreement pertains to the commission of a felony; and
3. That the execution of the felony be decided upon.
TWO WAYS FOR CONSPIRACY TO EXIST:
1. There is a previous and express agreement;
2. The participants acted in concert or simultaneously which is indicative of
a meeting of the minds towards a common criminal objective. There is an
implied agreement.
REQUISITES OF PROPOSAL:
1. That a person has decided to commit a felony; and
2. That he proposes its execution to some other person or persons.
TWO ASPECTS OF CONSPIRACY OR PROPOSAL TO COMMIT
FELONY:
1. GENERAL RULE: As a manner of incurring criminal liability.
2. EXCEPTION: As a separate punishable offense.
RULES ON CONSPIRACY OR PROPOSAL TO COMMIT A FELONY:

1. GENERAL RULE: Mere conspiracy and proposal to commit a felony

are not punishable. Reason: conspiracy and proposal to commit a
crime are only preparatory acts.
2. EXCEPTION: They are punishable in cases in which the law
specially provides a penalty therefor.

REQUISITES:
1. Unlawful aggression (condition sine qua non);
2. Reasonable necessity of the means employed to prevent or repel it; and
3. Lack of sufficient provocation on the part of the person defending himself

When conspiracy is only a basis for incurring criminal liability, there must
be an overt act before the co-conspirators become criminally liable. In
which case, the rule is that: the act of one is the act of all.

TEST OF REASONABLENESS - the means employed depends upon

the nature and quality of the (1) weapon used by the aggressor, and (2)
his physical condition, character, size and other circumstances, (3) and
those of the person defending himself, (4) and also the place and
occasion of the assault.

EXCEPTION: If any of the co-conspirators would commit a crime not

agreed upon, the same is NOT the act of all.
EXCEPTION TO THE EXCEPTION: But in acts constituting a single
indivisible offense, all will be liable for a crime committed by one coconspirator. The defense of a particular conspirator would be that he
tried to prevent the commission of such other act.

ART. 9. CLASSIFICATION OF FELONIES

ACCORDING TO GRAVITY
IMPORTANCE OF THE CLASSIFICATION:
a. To determine whether these felonies can be complexed or not;
b. To determine the prescription of the crime and the prescription of the
penalty.

ART. 10. OFFENSES NOT SUBJECT TO

THE PROVISIONS OF THE RPC
GENERAL RULE: The provisions of the RPC on penalties cannot be applied
to offenses punishable under special laws.
EXCEPTION: If the penalties in the special law follow the penalties in the
RPC, the rules in the RPC shall be applicable (People vs Martin Simon, July
1994).

ART. 11. JUSTIFYING CIRCUMSTANCES

JUSTIFYING CIRCUMSTANCES - are those where the act of a person is
said to be in accordance with law, so that such person is deemed not to have
transgressed the law and is free from both criminal and civil liability. There is
no civil liability, except in par. 4 of Art. 11, where the civil liability is borne by
the persons benefited by the act.
1. SELF-DEFENSE

UNLAWFUL AGGRESSION is equivalent to assault or at least

threatened assault of an immediate and imminent kind.

NOT required for reasonable necessity: Perfect equality between the

weapons used by the one defending himself and that of the aggressor is
not required, nor material commensurability between the means of attack
and defense. Reason: This is because the person assaulted does not
have sufficient tranquility of mind to think and to calculate.

Rights included in self-defense:

Self-defense includes not only the defense of the person or body of the
one assaulted but also that of his rights, the enjoyment of which is
protected by law.
1. Includes the right to honor. Hence, a slap on the face is considered as
unlawful aggression directed against the honor of the actor (People vs
Sabio, 19 SCRA 901),
2. Includes defense of property rights, only if there is also an actual and
imminent danger on the person of the one defending (People vs
Apolinar, 38 O.G. 2879).

2. DEFENSE OF RELATIVES
REQUISITES:
1. Unlawful Aggression;
2. Reasonable necessity of the means employed to prevent or repel it;
and
3. In case the provocation was given by the person attacked, the one
making the defense had no part therein.
RELATIVES THAT CAN BE DEFENDED:
(CODE: SAD B4R)
1. Spouse
2. Ascendants

3. Descendants
4. Legitimate, natural or adopted brothers and sisters, or relatives by affinity
in the same degrees.
5. Relatives by consanguinity within the fourth civil degree
3. DEFENSE OF STRANGER
REQUISITES:
1. Unlawful Aggression;
2. Reasonable necessity of the means employed to prevent or repel it; and
3. The person defending be not induced by revenge, resentment or other evil
motive.
4. AVOIDANCE OF GREATER EVIL OR INJURY
REQUISITES:
1. That the evil sought to be avoided actually exists;
2. That the injury feared be greater than that done to avoid it; and
3. There be no other practical and less harmful means of preventing it.

The greater evil must not be brought about by the negligence or

imprudence of the actor.
Civil liability referred to in a state of necessity is based not on the act
committed, but on the benefit derived from the state of necessity. Thus,
only the person benefited is civilly liable.

5. FULFILLMENT OF DUTY; OR LAWFUL EXERCISE OF RIGHT OR

OFFICE
REQUISITES:
1. That the accused acted in the performance of a duty or in the lawful
exercise of a right or office;
2. That the injury caused or the offense committed be the necessary
consequence of the due performance of duty or the lawful exercise of
such right or office.
6. OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE
REQUISITES:
1. That an order has been issued by a superior
2. That such order must be for some lawful purpose
3. That the means used by the subordinate to carry out said order is lawful

ART. 12. EXEMPTING CIRCUMSTANCES

DEFINITION:
Exempting circumstances (or the circumstances for non-imputability) - are
those grounds for exemption from punishment, because there is wanting in
the agent of the crime any of the conditions which makes the act voluntary, or
negligent.

BASIS: (CODE FINI)

The exemption from punishment is based on the complete absence of
intelligence, freedom of action, or intent, or on the absence of negligence on
the part of the accused.
JUSTIFYING
CIRCUMSTANCE
1. It affects the act
not the actor.
2. The
act
is
considered
to
have been done
within the bounds
of law; hence,
legitimate
and
lawful in the eyes
of the law.
3. Since the act is
considered lawful,
there is no crime.

4. Since there is no
crime,
nor
a
criminal, there is
also no liability,
criminal nor civil.

(CODE: CALL)
EXEMPTING
CIRCUMSTANCE
1. It affects the actor
not the act.
2. The act
complained of is
actually wrongful,
but the actor is
not liable.

3. Since the act

complained of is
actually wrong,
there is a crime;
but since the actor
acted without
voluntariness,
there is no dolo
nor culpa.
4. Since there is a
crime committed
though there is no
criminal, there is
civil liability.

1. IMBECILITY OR INSANITY
Insanity or imbecility exists when there is a complete deprivation of
intelligence freedom of the will.

An insane person is not so exempt if it can be shown that he acted

during a lucid interval. But an imbecile is exempt in all cases from
criminal liability.

2 TESTS OF INSANITY:
Test of COGNITION complete deprivation of intelligence in committing
the crime.

Test of VOLITION total deprivation of freedom of will. (Pp. v. Rafanan)

2. PERSON UNDER NINE YEARS OF AGE
An infant under the age of nine years is absolutely and conclusively
presumed to be incapable of committing a crime.

The phrase under nine years should be construed nine years or less.

3. PERSON OVER NINE YEARS OF AGE AND UNDER FIFTEEN,

ACTING WITHOUT DISCERNMENT
Discernment - mental capacity (i.e. of a minor) to fully appreciate the
consequences of an unlawful act.
Discernment may be shown by:
a. The manner the crime was committed; or
b. The conduct of the offender after its commission

4. A PERSON WHO WHILE PERFORMING A LAWFUL ACT WITH DUE

CARE, CAUSES INJURY, BY MERE ACCIDENT WITHOUT FAULT OR
INTENTION OF CAUSING IT
ELEMENTS:
1. A person is performing a lawful act;
1. With due care;
2. He causes injury to another by mere accident;
3. Without fault or intention of causing it.
5. A PERSON WHO ACTS UNDER THE
COMPULSION OF AN IRRESISTIBLE FORCE
ELEMENTS:
1. That the compulsion is by means of physical force.
2. That the physical force must be irresistible.
3. That the physical force must come from a third person.
6. A PERSON WHO ACTS UNDER THE IMPULSE OF
UNCONTROLLABLE FEAR OF AN EQUAL OR GREATER INJURY
ELEMENTS:
1. That the threat which causes the fear is of an evil greater than, or at least
equal to, that which he is required to commit;
2. That it promises an evil of such gravity and imminence that the ordinary
man would have succumbed to it.

Duress as a valid defense should be based on real, imminent, or

reasonable fear for ones life or limb and should not be speculative,

fanciful, or remote fear.

Hence, duress is unavailing where the accused had every opportunity to

run away if he had wanted to, or to resist any possible aggression
because he was also armed.

DISTINGUISHED FROM IRRESISTIBLE FORCE:

In irresistible force (par. 5), the offender uses violence or physical
force to compel another person to commit a crime; in uncontrollable fear
(par. 6), the offender employs intimidation or threat in compelling another
to commit a crime.
7. A PERSON WHO FAILS TO PERFORM AN ACT REQUIRED BY LAW,
WHEN PREVENTED BY SOME LAWFUL OR INSUPERABLE CAUSE.
ELEMENTS:
1. That an act is required by law to be done
2. That a person fails to perform such act
3. That his failure to perform such act was due to some lawful or
insuperable cause.
ABSOLUTORY CAUSES
DEFINITION:
Absolutory cause a circumstance which is present prior to or
simultaneously with the offense by reason of which, the accused who
acts with criminal intent, freedom and intelligence does not incur criminal
liability for an act which constitutes a crime, such as:
1. Spontaneous desistance (Art.6)
2. Accessories who are exempt from criminal liability (Art. 20)
3. Death or physical injuries under exceptional circumstances (Art. 247)
4. Persons exempt from criminal liability in theft, swindling and
malicious mischief (Art. 332)
5. Instigation is an absolutory cause. REASON: An instigator practically
induces the would-be accused into the commission of the offense,
and himself becomes a co-principal. Sound public policy requires
that the courts condemn this practice by directing the acquittal of the
accused.

ART. 13. MITIGATING CIRCUMSTANCES

DEFINITION:
Mitigating circumstances - those which, if present in the commission of the
crime, do not entirely free the actor from criminal liability, but serve only to
reduce the penalty.
BASIS: (CODE: FILI)

Mitigating circumstances are based on the diminution of either

freedom of action, intelligence, or intent, or on the lesser perversity of the
offender.
CLASSES OF MITIGATING CIRCUMSTANCES:
ORDINARY
PRIVILEGED
As to
If not offset, it will It operates to
the
operate to reduce reduce
the
effect
the penalty to the penalty by one
minimum period, to two DEGREES
provided
the depending
penalty
is
a upon what the
divisible one.
law provides.
As to
offset
Where
found

May be offset by
aggravating
circumstance
subsections 1 to
10 of Article 13,
RPC.

Cannot
offset

PARAGRAPH 3: NO INTENTION TO COMMIT SO GRAVE A WRONG

1. If the offender had no intention to commit so grave a wrong as that
committed, he is entitled to a mitigating circumstance. This can be taken
into account only when the facts proven show that there is a notable and
evident disproportion between the means employed to execute the
criminal act and its consequences.
2. This paragraph is not applicable to culpable felonies.
PARAGRAPH 4: PROVOCATION OR THREAT
DEFINITION:
Provocation - is understood as any unjust or improper conduct or act of the
offended party, capable of exciting, inciting, or irritating any one.

be

Arts. 68, 69
and 64 of the
RPC.

PARAGRAPH 1: INCOMPLETE JUSTIFYING OR EXEMPTING

CIRCUMSTANCE
1. Applies, when all the requisites necessary to justify the act are not
attendant.
2. But in the case of incomplete self-defense, defense of relatives, and
defense of stranger, unlawful aggression must be present, it being an
indispensable requisite.
PARAGRAPH 2: UNDER 18, OR OVER 70 YEARS OLD
LEGAL EFFECTS OF VARIOUS AGES OF OFFENDER:
1. The age of absolute irresponsibility - Under 9 years of age, an exempting
circumstance (Art. 12, par. 2);
2. The age of mitigated responsibility - Over 9 and under 15 years of age,
acting without discernment is also an exempting circumstance, (Art. 12,
par. 3; see Art. 68, par. 1);
3. Minor delinquent (under 18 years of age), the sentence may be
suspended (Art. 192, PD 603, as amended by PD 1179);
4. Under 18 years of age, privileged mitigating circumstance (Art. 68);
5. age of full responsibility - 18 years or over, full criminal responsibility;
6. The age of mitigated responsibility - 70 years or over, mitigating
circumstance (Art. 13, par. 2), no imposition of death penalty (Art. 47,
par. 1), execution of death sentence if already imposed is suspended and
commuted (Art. 83).

REQUISITES: (CODE: SOI)

1. The provocation must be sufficient.
2. It must originate from the offended party.
3. The provocation must be immediate to the commission of the crime by
the person who is provoked.

The threat should not be offensive and positively strong. Otherwise, the
threat to inflict real injury is an unlawful aggression, which may give rise
to self- defense.

PARAGRAPH 5: VINDICATION OF GRAVE OFFENSE

REQUISITES:
1. That there be a grave offense done to the one committing the felony, his
spouse, ascendants, descendants, legitimate, natural or adopted
brothers or sisters, or relatives by affinity within the same degrees;
2. That the felony is committed in vindication of such grave offense.

Immediate vindication means proximate. Hence, a lapse of time is

allowed between the vindication and the doing of the grave offense.
PROVOCATION

1.

It is made directly 1.
only to the person
committing the
felony.

VINDICATION
The grave offense
may be
committed also
against the
offenders
relatives
mentioned by law.

2.

The cause that

brought about the
provocation need
not be a grave
offense.

3.

2.

It is necessary that 3.
the provocation or
threat immediately
preceded the act.

The offended
party must have
done a grave
offense to the
offender or his
relatives
mentioned by law.
The vindication of
the grave offense
may be
proximate, which
admits of an
INTERVAL of
time.

PARAGRAPH 6: PASSION OR OBFUSCATION

REQUISITES:
1. The accused acted upon an impulse.
2. The impulse must be so powerful that it naturally produced passion or
obfuscation in him.
REQUISITES OF THE MITIGATING CIRCUSTANCE OF PASSION OR
OBFUSCATION
1. That there be an act, both unlawful and sufficient to produce such a
condition of mind;
2. That said act which produced the obfuscation was not far removed from
the commission of the crime by a considerable length of time, during
which the perpetrator might recover his normal equanimity.
REASON: When there are causes naturally producing in a person powerful
excitement, he loses his reason and self-control, thereby diminishing the
exercise of his will power.
EXCEPTIONS: But even when there is actually passion or obfuscation on
the part of the offender, there is no mitigating circumstance if:
a.
The act is committed in a spirit of lawlessness; or
b.
The act is committed in a spirit of revenge.
PARAGRAPH 7: SURRENDER AND CONFESSION OF GUILT
TWO MITIGATING CIRCUMSTANCES ARE PROVIDED IN THIS
PARAGRAPH:
1. Voluntary surrender to a person in authority or his agents.
2. Voluntary confession of guilt before the court, prior to the presentation of
evidence for the prosecution.

REQUISITES OF VOLUNTARY SURRENDER:

(CODE: ASV)
1. That the offender had not been actually arrested;
2. That the offender surrendered himself to a person in authority or to the
latters agent;
3. That the surrender was voluntary.
WHEN SURRENDER VOLUNTARY A surrender to be voluntary must be
spontaneous, showing the intent of the accused to submit himself
unconditionally to the authorities, either because:
1. he acknowledges his guilt; or
2. he wishes to save them the trouble and expense necessarily
incurred in his search and capture.
REQUISITES OF VOLUNTARY PLEA OF GUILTY:
(CODE: SCoP)
1. That the offender spontaneously confessed his guilt;
2. That the confession of guilt was made in open court, that is, before the
competent court that is to try the case; and
3. That the confession of guilt was made prior to the presentation of
evidence for the prosecution.
PARAGRAPH 8: PHYSICAL DEFECT OF THE OFFENDER
DEFINITION:
Physical defect - referred to in this paragraph is such as being armless,
cripple, or a stutterer, whereby his means to act, to defend himself, or to
communicate with his fellow human beings, is limited. However, it is essential
that the physical defect has some relation to the crime committed by him.
PARAGRAPH 9: ILLNESS OF THE OFFENDER
REQUISITES:
1. That the illness of the offender diminishes the exercise of his will power.
2. That such illness should not deprive the offender of consciousness of his
acts.
PARAGRAPH 10: SIMILAR AND ANALOGOUS CIRCUMSTANCES

Authorizes the court to consider in favor of the accused any other

circumstance of a similar nature and analogous to those mentioned in
paragraphs 1 to 9 of Article 13.

ART. 14 AGGRAVATING CIRCUMSTANCES

DEFINITION:
Aggravating circumstances - are those which, if attendant in the
commission of the crime, serve to increase the penalty without, however,
exceeding the maximum of the penalty provided by law for the offense.

BASIS:
They are based on the greater perversity of the offender manifested in the
commission of the felony, as shown by (1) the motivating power itself, (2) the
place of commission, (3) the means and ways employed, (4) the time, or (5)
the personal circumstances of the offender, or of the offended party.
FOUR KINDS OF AGGRAVATING CIRCUMSTANCES:
1. GENERIC those that can generally apply to all crimes
USUALLY: dwelling; nighttime; recidivism
ENUMERATED:
(1) Advantage taken of public position
(2) Contempt or insult to public authorities
(3) Commission in the dwelling of the offended party
(4) Abuse of confidence; or obvious ungratefulness
(5) Places of commission
(6) Nighttime; uninhabited place; or band
(7) Recidivism
(8) Reiteracion
(9) Craft, fraud, or disguise
(10)Unlawful entry
(11)By breaking wall, etc.
(12)Aid of a minor (under 15 years)
2. SPECIFIC-- those that apply only to particular crimes.
USUALLY: ignominy in crimes against chastity; or cruelty and treachery
in crimes against persons
ENUMERATED:
(1) disregard of rank, age, or sex of offended party
(2) superior strength; or means to weaken the defense
(3) treachery
(4) ignominy
(5) cruelty
(6) use of unlicensed firearm in murder or homicide (Section 1, RA
8294)
3. QUALIFYING those that change the nature of the crime.
EXAMPLES: Alevosia (treachery), or evident premeditation qualifies the
killing of a person to murder
4. INHERENT those that must, of necessity,
accompany the
commission of the crime. These will not aggravate the crime.
EXAMPLE: Evident premeditation is inherent in robbery, theft, estafa,
adultery, or concubinage

(CODE: NO)
GENERIC
AGGRAVATING
CIRCUMSTANCE

QUALIFYING
AGGRAVATING
CIRCUMSTANCE
1.

It does not only

give the crime its
proper and
exclusive name,
but also places the
author thereof in
such a situation as
to deserve no
other penalty than
that specially
prescribed by law
for said crime.

1. Its effect is to
increase the
penalty, which
should be imposed
upon the accused
without exceeding
the limit prescribed
by law. It does not
change the crime

2.

It cannot be offset
by an ordinary
mitigating
circumstance.

2.

It may be
compensated by a
mitigating
circumstance.

MODIFICATIONS IN THE APPLICATION OF SOME AGGRAVATING

CIRCUMSTANCES (ACs)
(CODE: No Personal Knowledge of Public Syndicate)
1. ACs WHICH DO NOT HAVE THE EFFECT OF INCREASING THE
PENALTY. (a) Those which in themselves, constitute a crime specially
punishable by law, and (b) those which are included by the law in
defining a crime and prescribing the penalty therefore (Art. 62, par. 1).
2. ACs WHICH ARE PERSONAL TO THE OFFENDERS. Those which
arise: a) from the moral attributes of the offender, or b) from his private
relations with the offended party, or c) from any other personal cause,
shall only serve to aggravate the liability of the principals, accomplices,
and accessories as to whom such circumstances are ATTENDANT (Art.
62, par. 3).
3. ACs WHICH DEPEND FOR THEIR APPLICATION UPON THE
KNOWLEDGE OF THE OFFENDERS. Those which consist 1) in the
material execution of the act, or 2) in the means employed to accomplish
it, shall serve to aggravate the liability of those persons only who had
KNOWLEDGE of them at the time of the execution of the act or their
cooperation therein (Art. 62, par. 4).

4. When in the commission of the crime, advantage was taken by the

offender of his public position, or when the offense was committed by a
person who belongs to a syndicated crime group, the maximum
penalty shall be imposed regardless of mitigating circumstances.

c.

PARAGRAPH 1: ADVANTAGE TAKEN OF PUBLIC POSITION

TEST: Did the accused abuse his office in order to commit the crime?
THIS CIRCUMSTANCE NOT APPLIED IN:
1. FALSIFICATION OF DOCUMENT COMMITTED BY PUBLIC
OFFICERS UNDER ART. 171.
2. ACCESSORIES UNDER ART. 19, PAR. 3
3. CRIMES COMMITTED BY PUBLIC OFFICERS (FOUND IN ARTS.
204-245).
PARAGRAPH 2: CONTEMPT OR INSULT TO PUBLIC AUTHORITIES
REQUISITES:
1. That the public authority is engaged in the exercise of his functions.
2. That he who is thus engaged in the exercise of said functions is NOT the
person against whom the crime is committed.
3. The offender knows him to be a public authority.
4. His presence has not prevented the offender from committing the
criminal act.

Knowledge that a public authority is present is essential.

DEFINITION:
A Public Authority, sometimes also called a person in authority, is a
public officer who is directly vested with jurisdiction, that is, a public officer
who has the power to govern and execute the laws.
PARAGRAPH 3: DISREGARD OF RANK, AGE, OR SEX OF OFFENDED
PARTY; OR COMMISSION IN THE DWELLING OF THE OFFENDED
PARTY

If all the four circumstances enumerated in this paragraph are present,

they have the weight of only one aggravating circumstance.
1. That the act be committed with insult or in disregard of the
respect due the offended party on account of the
a. rank of the offended party. There must be a difference in the social
condition of the offender and the offended party.
b. age of the offended party. Applies to cases where the victim is of
tender age as well as of old age.

sex of the offended party. This refers to the female sex, not to the
male sex.

This circumstance (rank, age, or sex) is applicable only in crimes

against persons or honor.

DISREGARD OF RANK, AGE, OR SEX IS NOT AGGRAVATING IN THE

FOLLOWING CASES:
a. When the offender acted with passion and obfuscation.
b. When there exists a relationship between the offended party and the
offender.
c. When the condition of being a woman is indispensable in the commission
of the crime. Thus, in (1) parricide, (2) abduction, (3) seduction and (4)
rape in Art. 266-A par.1, sex is not aggravating

Is disregard of sex absorbed in treachery?

The aggravating circumstance of disregard of sex and age are NOT
absorbed in treachery because treachery refers to the manner of the
commission of the crime, while disregard for sex and age pertains to the
relationship to the victim (P v. Lapaz; March 31, 1989)
2. That the crime be committed in the dwelling of the offended
party.
REASON for aggravating the commission of the crime in ones dwelling:
a. The abuse of confidence which the offended party reposed in the
offender by opening the door to him; or
b. The violation of the sanctity of the home by trespassing therein with
violence or against the will of the owner.
DEFINITIONS
Dwelling - must be a building or structure, exclusively used for rest and
comfort. It includes dependencies, the foot of the staircase and
enclosure under the house.

There must be NO provocation, in order to consider this AC. By

PROVOCATION is meant, one which is:
1. Given by the owner of the dwelling,
2. Sufficient, and
3. Immediate to the commission of the crime.
NOTE: For this circumstance to be considered, it is NOT necessary that
the accused should have actually entered the dwelling of the victim to
commit the offense. It is enough that the victim was attacked inside his
own house, although the assailant may have devised means to
perpetrate the assault from without.

DWELLING IS NOT AGGRAVATING IN THE FOLLOWING CASES:

a. When both offender and offended party are occupants of the same
house, even if the offended party is a servant in the house.
BUT in adultery, it is still aggravating even if it was also the dwelling
of the unfaithful wife, because of a very grave offense against the
head of the house. BUT the rule is again different if both the
unfaithful wife and the paramour were living, and had the right to live,
in the same house of the offended spouse.
b. In robbery by use of force upon things and trespass to dwelling because
dwelling is inherent.
PARAGRAPH 4: ABUSE OF CONFIDENCE; OR OBVIOUS
UNGRATEFULNESS
REQUISITES OF ABUSE OF CONFIDENCE:
1. That the offended party had trusted the offender.
2. That the offender abused such trust by committing a crime against the
offended party.
3. That the abuse of confidence facilitated the commission of the crime.
REQUISITES OF OBVIOUS UNGRATEFULNESS:
1. That the offended party had trusted the offender;
2. That the offender abused such trust by committing a crime against the
offended party; and
3. That the act be committed with obvious ungratefulness.
The confidence between the offender and the offended party must be
immediate and personal.
PARAGRAPH 5: PLACES OF COMMISSION
Places:
1. Palace of the Chief Executive;
2. In the presence of the Chief Executive;
3. Where public officers are engaged in the discharge of their duties;
4. Place dedicated to religious worship.
PAR. 2:
CONTEMPT OR
INSULT TO
PUBLIC
AUTHORITIES

PAR. 5: PLACE
WHERE PUBLIC
AUTHORITIES
ARE ENGAGED IN
THE DISCHARGE
OF THEIR DUTIES

1. The public
authorities are
performing their
duties outside of
their office.
2. The public
authority should
not be the
offended party.

1. The public
authorities, who
are in the
performance of
their duties, must
be in their office.
2. The public
authority may be
the offended party.

NOTE: There is a decided case to the effect that the offender must have the
intention to commit a crime when he entered the place; i.e. she must have
murder in her heart (People v. Jaurigue, 76 Phil 174). Any of the said places
is not therefore, aggravating, if the crime was casually committed therein.
PARAGRAPH 6: NIGHTTIME; UNINHABITED PLACE; OR BAND
NIGHTTIME, UNINHABITED PLACE OR BAND IS AGGRAVATING
1. When it facilitated the commission of the crime; or
2. When it was especially sought for by the offender to insure the
commission of the crime or for the purpose of impunity; or
3. When the offender took advantage thereof for the purpose of impunity.
DEFINITIONS:
1. For the purpose of impunity - means to prevent his (accuseds)
being recognized, or to secure himself against detection and punishment.
2. Nighttime - is the period of darkness beginning at the end of dusk and
ending at dawn. Nighttime by and of itself is not necessarily aggravating.
TESTS: (1) the commission of the crime must begin and be
accomplished in the nighttime; or (2) the offense must be actually be
committed in the darkness of the night.
3. An uninhabited place - is one where there are no houses at all, a
place at a considerable distance from town, or where the houses are
scattered at a great distance from each other. [TEST OF UNINHABITED
PLACE] But whether or not the crime is attended by this aggravating
circumstance should be determined not by the distance of the nearest
house from the scene of the crime, but whether or not in the place of the
commission of the offense there was a reasonable possibility of the
victim receiving some help.
[TEST OF WHETHER OR NOT
AGGRAVATING]
4. BAND - Whenever more than three armed malefactors shall have
acted together in the commission of an offense, it shall be deemed to
have been committed by a band.
5. Acted together - means direct part in the execution of the act

constituting the crime. Hence, if one of the four armed men is a principal
by inducement only, they do not form a band, because a principal by
inducement connotes that he has no direct participation in the
perpetration thereof.
PARAGRAPH 7: ON OCCASION OF CALAMITY OR MISFORTUNE
THE REASON for the existence of this circumstance is found in the
debased form of criminality met in one who, in the midst of a great calamity,
instead of lending aid to the afflicted, adds to their great suffering by taking
advantage of their misfortune to despoil them.
PARAGRAPH 8: AID OF ARMED MEN, ETC.
REQUISITES:
1. That armed men or persons took part in the commission of the crime,
directly or indirectly.
2. That the accused availed himself of their aid or relied upon them when
the crime was committed.
Exceptions:
1. This aggravating circumstance shall not be considered when both the
attacking party and the party attacked were equally armed.
2. This aggravating circumstance is not present when the accused as well
as those who cooperated with him in the commission of the crime acted
under the same plan and for the same purpose.

Aid of armed men is absorbed by employment by a band.

PAR 8 (WITH AID OF ARMED MEN) VS. PAR. 6 (BY A BAND)

BAND
ARMED MEN
1. requires more 1. AT LEAST 2
than three armed
malefactors
2. shall have acted 2. actual aid is not
together
in
the necessary, sufficient
commission of an even if offenders
offense.
merely relied on the
aid of the armed
men

PARAGRAPH 9: RECIDIVIST
REQUISITES: (CODE: TriPS CONVICTED)
1.
That the offender is on trial for an offense;
2. That he was previously convicted by final judgment of another crime;
3. That both the first and the second offenses are embraced in the same
title of the Code;
4. That the offender is convicted of the new offense.

There is no recidivism if the subsequent conviction is for an offense

committed before the offense involved in the prior conviction.

PARAGRAPH 10: REITERACION OR HABITUALITY

REQUISITES: (CODE: TriPLE CONVICTED)
1. That the accused is on trial for an offense;
2. That he previously served sentence for another offense to which the law
attaches an equal or greater penalty, or for two or more crimes to which it
attaches lighter penalty than that for the new offense.
3. That he is convicted of the new offense.
RECIDIVISM
1. It is enough that a
final judgment has
been rendered in
the first offense.
2. Recidivism
requires that the
offenses be
included in the
same title of the
Code.

REITERACION
1. It is necessary that
the offender shall
have served out
his sentence for
the first offense
2. The previous and
subsequent
offenses must
NOT be embraced
in the same title of
the Code

FORMS OF REPETITION
1. Recidivism (Par. 9, Art. 14)
2. Reiteracion or habituality (Par. 10, Art. 14)
3. Multi-recidivism or habitual delinquency (Art. 62, Par. 5)
4. Quasi-Recidivism (Art. 160)
PARAGRAPH 11: PRICE, REWARD, OR PROMISE

When this aggravating circumstance is present, there must be two or

more principals; the one who gives or offers the price or promise and the
one who accepts it.

The evidence must show that one of the accused used money or other
valuable consideration for the purpose of inducing another to perform the
deed.

When this aggravating circumstance is present, it affects not only the

person who received the price or the reward, but also the person who
gave it.

PARAGRAPH 15: SUPERIOR STRENGTH; OR MEANS TO WEAKEN

DEFENSE
1. Superior Strength - To take advantage of superior strength means to use
purposely, excessive force out of proportion to the means of defense
available to the person attacked.

PARAGRAPH 12: BY MEANS OF INUNDATION, FIRE, ETC.

Any of the circumstances in paragraph 12 cannot be considered to

increase the penalty or to change the nature of the offense unless used
by the offender as a means to accomplish a criminal purpose.

PAR. 12
Under par. 12, the
crime is committed by
means of any of such
acts involving great
waste and ruin.

PAR. 7
Under par.7, the crime
is committed on the
occasion of a calamity
or misfortune.

PARAGRAPH 13: EVIDENT PREMEDITATION

The essence of premeditation is that the execution of the criminal
act must be preceded by cool thought and reflection upon the resolution to
carry out the criminal intent during the space of time sufficient to arrive at a
calm judgment.
REQUISITES:
1. Proof of the time when the offender determined to commit the crime;
2. An act manifestly indicating that the culprit has clung to his
determination; and
3. A sufficient lapse of time between the determination and execution, to
allow him to reflect upon the consequences of his act and to allow his
conscience to overcome the resolution of his will.
PARAGRAPH 14: CRAFT, FRAUD, OR DISGUISE
DEFINITIONS:
1. Craft - involves the use of intellectual trickery or cunning on the part
of the accused.
2. Fraud - involves the use of insidious words and machination, used to
induce the victim to act in a manner, which would enable the offender
to carry out his design.
3. Disguise - involves resort to any device in order to conceal identity.

When there is a direct inducement by insidious words or machinations,

fraud is present; otherwise, the act of the accused done in order not to
arouse the suspicion of the victim constitutes craft.

The aggravating circumstance of abuse of superior strength depends on

the age, size, and strength of the parties.

2. Means to weaken the defense - The offender employs means to

materially weaken the resisting power of the offended party.
PARAGRAPH 16: TREACHERY (ALEVOSIA)
There is treachery when the offender commits any of the crimes
against the person, employing means, methods or forms in the execution
thereof which tend directly and specially to insure its execution, without risk
to himself arising from the defense which the offended party might make.
REQUISITES:
1. That at the time of the attack, the victim was not in a position to defend
himself;
2. That the offender consciously adopted the particular means, method or
form of the attack employed by him.

Killing a child is characterized by treachery, because the weakness of the

victim due to his tender age results in the absence of any danger to the
accused.

RULES ON TREACHERY:CODE: (PICTA)

1. Applicable only to crimes against persons
2. Means, methods, or forms need not insure accomplishment of crime.
3. The mode of attack must be consciously adopted.
4. Must be present at the proper time.
5. Treachery absorbs abuse of superior strength, aid of armed men, by a
band and means to weaken the defense.
SUMMARY OF RULES WHEN TREACHERY IS PRESENT:
a) When the aggression is continuous, treachery must be present in the

beginning of the assault (People vs Canete, 44 Phil 478);

b) When the assault was not continuous in that there was an interruption, it
is sufficient that treachery was present at the moment the fatal blow was
given (US vs Baluyot, 40 Phil 385).

The first one tends to repress the frequent practice resorted to by

professional criminals to avail themselves of minors taking advantage of their
irresponsibility; while the second one is intended to counteract the great
facilities found by modern criminals in said means to commit crime, and then
flee and abscond once the same is committed.

PARAGRAPH 17: IGNOMINY

PARAGRAPH 21: CRUELTY
DEFINITIONS:
Ignominy - a circumstance pertaining to the moral order, which adds
disgrace and obloquy to the material injury caused by the crime.
It must tend to make the effects of the crime more humiliating or to
put the offended party to shame.
WHERE APPLICABLE:
This aggravating circumstance is applicable to:
1. crimes against chastity;
2. less serious physical injuries;
3. light or grave coercion;
4. and murder.

ESSENCE:
THERE IS CRUELTY when the culprit enjoys and delights in making
his victim suffer slowly and gradually, causing him unnecessary physical pain
in the consummation of the criminal act.
REQUISITES:
1. That the injury caused be deliberately increased by causing other wrong;
2. That the other wrong be unnecessary for the execution of the purpose of
the offender.
IGNOMINY VS. CRUELTY
Ignominy (par. 17) involves moral suffering, while cruelty (par. 21) refers to
physical suffering.

NOTE:
The Supreme Court considered ignominy in the crime of rape
(People vs. Torrefiel [45 O.G.8803], US vs. Iglesia [21 Phil 155], People vs.
Carmina [193 SCRA 429])

ART. 15 ALTERNATIVE CIRCUMSTANCES

PARAGRAPH 18: UNLAWFUL ENTRY

Alternative circumstances are those, which must be taken into

consideration as aggravating or mitigating, according to the nature and
effects of the crime and the other conditions attending its commission.

There is unlawful entry when an entrance is effected by a way not

intended for the purpose. It must be a means to effect entrance and not for
escape.
PARAGRAPH 19: BY A WALL, ROOF, FLOORDOOR OR WINDOW BE
BROKEN ETC.

To be considered as an aggravating circumstance, breaking the door

must be utilized as a means to the commission of the crime. The
circumstance is aggravating only in those cases where the offender
resorted to any of said means to enter the house. If broken to get out of
the place, it is not an aggravating circumstance.

PARAGRAPH 20: AID OF MINOR (UNDER 15YEARS); OR BY MEANS OF

MOTOR VEHICLES, ETC.

THE ALTERNATIVE CIRCUMSTANCES ARE:

(CODE: RID)
1. Relationship
2. Intoxication
3. Degree of instruction and education of the offender
1. RELATIONSHIP - The alternative circumstance of relationship shall be
taken into consideration when the offended party is the
1. spouse
2. ascendant
3. descendant
4. legitimate, natural or adopted brother or sister, or relative by affinity in
the same degree, of the offender.

TWO DIFFERENT
PARAGRAPH.

CIRCUMSTANCES

ARE

GROUPED

IN

THIS

The relationship of stepfather or stepmother and stepson or stepdaughter

is included by analogy to that of ascendant and descendant.

WHEN MITIGATING AND WHEN AGGRAVATING:

The law is silent as to when mitigating and when aggravating.
a. MITIGATING: As a rule, relationship is mitigating in crimes against
property, by analogy to Art. 332 regarding Persons exempt from
criminal liability. OF COURSE in view of Art. 332, when the crime
committed is: (a) theft, (b) estafa, or (c) malicious mischief,
relationship is exempting, and not merely mitigating.
b. AGGRAVATING: It is aggravating in crimes against persons in cases
where the offended is a relative of a higher degree than the offender,
or when the offender and the offended party are relatives of the
same level.

GRAVE AND LESS GRAVE FELONIES:

1. Principals
2. Accomplices
3. Accessories
LIGHT FELONIES:
1. Principals
2. Accomplices

It is aggravating even if offended party is a descendant, if offense is

physical injuries under Art. 263, except with regard to parents who inflict
injuries to their children by reason of excessive chastisement.

In crimes against chastity, relationship is always aggravating, regardless

of whether the offender is a relative of a higher or lower degree of the
offended party.

However, relationship is neither mitigating nor aggravating, when

relationship is an element of the offense.

2. INTOXICATION - By state of intoxication is meant that the offenders

mental faculties must be affected by drunkenness.
WHEN MITIGATING AND WHEN AGGRAVATING:
1. Mitigating, if intoxication is (1) not habitual, or 2) not subsequent to the
plan to commit a felony.
2. Aggravating if intoxication is 1) habitual, or 2) if it is intentional
(subsequent to the plan to commit a felony).
3. DEGREE OF INSTRUCTION AND EDUCATION OF THE OFFENDER

The classification of the offenders as principal, accomplice, or an

accessory is true only under the RPC but not in the special laws because
the penalties under the latter are not graduated.

Two parties in all crimes

1. ACTIVE subject (the criminal)
2. PASSIVE subject (the injured party)

ART. 17. PRINCIPALS

KINDS OF PRINCIPALS
1. PRINCIPAL BY DIRECT PARTICIPATION - personally takes part in the
execution of the act constituting the crime
REQUISITES:
1. That they participated in the criminal resolution;
2 That they carried out their plan and personally took part in its execution
by acts which directly tended to the same end.
2. PRINCIPAL BY INDUCTION - the principal by induction becomes liable
only when the principal by direct participation committed the act induced.
TWO WAYS OF BECOMING A PRINCIPAL BY INDUCTION:
1.Directly forcing another to commit a crime,

Low degree of instruction and education or lack of it is generally

mitigating. High degree of instruction and education is aggravating,
when the offender availed himself of his learning in committing the crime.

Two ways of directly forcing another to commit a crime:

1. by using irresistible force
2. by causing uncontrollable fear

Lack of instruction or low degree of it, is appreciated as mitigating

circumstance in almost all crimes. EXCEPT in crimes, which are
inherently wrong, of which every rational being is endowed to know and
feel.

2. Directly inducing another to commit a crime

Two ways of directly inducing another to commit a crime:
1. by giving price, or offering reward or promise
2. by using words of command

ART. 16. PERSONS WHO ARE CRIMINALLY LIABLE

REQUISITES of #1 (Principal by inducement, through giving price,

etc):

In order that a person maybe convicted as a principal by

inducement, the following requisites must be present1. that the inducement be made directly with the intention of
procuring the commission of the crime; and
2. that such inducement be the determining cause of the
commission of the crime by the material executor
REQUISITES of #2 (Principal by inducement, through words of
command):
In order that a person using words of command maybe held
liable, the following requisites must be present--1. That the one uttering the words of command must have the
intention of procuring the commission of the crime
2. That the one who made the command must have an
ascendancy or influence over the person who acted
3. That the words used must be so direct, so efficacious, so
powerful as to amount to physical or moral coercion
4. The words of command must be uttered prior to the commission
of the crime
5. The material executor of the crime has no personal reason to
commit the crime
Principal by
Inducement
1. Becomes liable
only when the
crime is committed
by the principal by
direct participation

3. Inducement
involves any
crime.

Offender who made

Proposal to Commit
a Felony
2. The mere proposal
to commit a felony
is punishable in
treason or
rebellion; the
person to whom
the proposal is
made should not
commit the crime,
otherwise, the
proponent
becomes a
principal by
inducement
2. The proposal must
involve only
treason or
rebellion

EFFECT OF ACQUITTAL OF ONE OF THE CO-CONSPIRATORS TO THE

OTHER CO-CONSPIRATORS:
As a rule, the acquittal of one of the co-conspirators redounds to the
benefit of the other co-conspirators EXCEPT when the acquittal is due to
circumstances personal to the accused.
2. PRINCIPALS BY INDISPENSABLE COOPERATION
REQUISITES:
1. Participation in the criminal resolution, that is, there is either anterior
conspiracy or unity of criminal purpose and intention immediately
before the commission of the crime charged; and
2. Cooperation in the commission of the offense by performing another
act, without which it would not have been accomplished
COLLECTIVE CRIMINAL RESPONSIBILITY (WHEN THERE IS
CONSPIRACY)
There is collective criminal responsibility when the offenders are
criminally liable in the same manner and to the same extent. The penalty to
be imposed must be the same for all.
INDIVIDUAL CRIMINAL RESPONSIBILITY (WHEN THERE IS NO
CONSPIRACY)
The criminal responsibility arising from different acts directed against
one and the same person is individual and not collective, and each of the
participants is liable only for the act committed by him.

ART. I8. ACCOMPLICES

REQUISITES:
CODE: (COMMUNITY COOPERATES
previous supply RELATION)
1. That there be community of design; that is, knowing the criminal design
of the principal by direct participation, he concurs with the latter in his
purpose;
2. That he cooperates in the execution of the offense by previous or
simultaneous acts, but does not render him a principal by direct
participation or by indispensable cooperation; and
3. That there be a relation between the acts done by the principal and those
attributed to the person charged as accomplice.

ART. 19. ACCESSORIES

An accessory must have knowledge of the commission of the crime and

having knowledge he took part subsequent to its commission

SPECIFIC ACTS OF ACCESSORIES:

(CODE: PROFIT, CONCEAL, HARBOR)
1. By profiting themselves or assisting the offender to profit by the effects
of the crime
2. By concealing or destroying the body of the crime to prevent its
discovery
3. By harboring, concealing or assisting in the escape of the principal of
the crime
2 CLASSES OF ACCESSORIES CONTEMPLATED IN PAR. 3 OF ART.
19 (i.e., HARBORING, etc):
a)Public officers who harbor, conceal or assist in the escape of the
principal of any crime (not light felony) with abuse of his functions
(b) Private persons who harbor, conceal or assist in the escape of the
author of the crime guilty of treason, parricide, murder, or an attempt
against the life of the President, or who is known to be habitually guilty
of some other crime

Under paragraphs 1 and 2, the accomplice and the accessory may be

tried and convicted even before the principal is found guilty. However,
under paragraph 3 (harboring), the crime committed by and the identity
of the principal must be established in a trial. (Ppl vs Barlam CA,59 O.G.
2474; Ppl vs Ramos CA,62 O.G. 6860; Ppl vs Gaw Lin CA,63 O.G. 3821)

ACCESSORY VS. PRINCIPAL AND ACCOMPLICE

1. The accessory does not take part or cooperate in, or induce, the
commission of the crime;
2. The accessory does not cooperate in the commission of the offense by
acts prior thereto or simultaneous therewith;
3. The participation of the accessory in all cases always takes place after
the commission of the crime.

ART. 20. ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL

LIABILITY
SITUATIONS WHERE ACCESSORIES ARE NOT CRIMINALLY LIABLE:
1. When the felony committed is a light felony; and
2. When the accessory is related to the principal as spouse, or as an
ascendant, or descendant or as a brother or sister, whether legitimate,
natural, or adopted, or where the accessory is a relative by affinity within
the same degree, unless the accessory himself profited from the effects
or proceeds of the crime or assisted the offender to profit thereon.
PD 1829: Penalizes the act of any person who knowingly or willfully
obstructs, impedes, frustrates or delays the apprehension of suspects

and the investigation and prosecution of criminal cases. NOTE: The

benefit of the above mentioned exceptiounsa n in Article 20 of the RPC
does not apply to PD1829.
PENALTIES
DEFINITION:
Penalty - is the suffering that is inflicted by the State, for the transgression of
a law; in its general sense, it signifies pain.
Different juridical conditions of penalty:
1. Productive of suffering, without however affecting the integrity of the
human personality
2. Commensurate with the offense different crimes must be punished with
different penalties
3. Personal no one should be punished for the crime of another
4. Legal it is the consequence of a judgment according to law
5. Certain no one may escape its effects
6. Equal for all
7. Correctional
Theories justifying penalty:
1. Self-defense to protect society from the threat and wrong inflicted by
the criminal
2. Reformation to correct and reform the offender
3. Exemplarity to serve as an example to deter others from committing
crimes
4. Justice an act of retributive justice, a vindication of absolute right and
moral law violated by the criminal
THREE-FOLD PURPOSE OF THE PENALTY UNDER THE RPC:
1. Retribution or expiation the penalty is commensurate with the gravity of
the offense
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

ART. 22. RETROACTIVE EFFECT OF PENAL LAWS

GENERAL RULE:
PROSPECTIVE APPLICATION
EXCEPTION:
WHEN FAVORABLE TO THE ACCUSED WHO IS NOT A HABITUAL
CRIMINAL
AN EX POST FACTO LAW IS ANY ONE WHICH: (CODE: CAPE Civil

Protection)
1. Makes criminal an act done before the passage of the law, and which
was innocent when done, and punishes such an act;
2. Aggravates a crime, or makes it greater than it was, when committed;
3. Changes the punishment and inflicts a greater punishment than the law
annexed to the crime when committed;
4. Alters the legal rules of evidence, and authorizes conviction upon less or
different testimony that the law required at the time of the commission of
the offense;
5. Assuming to regulate civil rights and remedies only, in effect imposes
penalty or deprivation of a right for something which when done was
lawful; and
6. Deprives a person accused of a crime of some lawful protection to which
he has become entitled, such as the protection of a former conviction or
acquittal, or a proclamation of amnesty

ART. 23. EFFECT OF PARDON BY THE OFFENDED PARTY

As a rule, a pardon by the offended party does not extinguish
criminal action, except as provided under Art. 344 of RPC.
Two classes of injuries caused by an offense:
SOCIAL INJURY
PERSONAL INJURY
1. Produced by the 1. Caused to the
disturbance
and
victim of the crime,
alarm
who
suffered
damage
2. Repaired through 2. Repaired through
the imposition of
indemnity which is
the corresponding
civil in nature
penalty
3. The offended party 3. The offended party
cannot pardon the
may waive it and
offender so as to
the state has no
relieve him of the
reason to insist on
penalty
its payment

ART. 24. MEASURES OF PREVENTION OR SAFETY WHICH ARE

NOT CONSIDERED PENALTIES THE FOLLOWING ARE NOT CONSIDERED PENALTIES:
1. The arrest and temporary detention of accused persons, as well as their
detention by reason of insanity or imbecility or illness requiring their
confinement in a hospital;
2. The commitment of a minor to any of the institutions mentioned in Art. 80
(now Art. 192 PD603) for the purposes specified therein;
3. Suspension from the employment or public office during the trial or in

order to institute proceedings;

4. Fines and other corrective measures which, in the exercise of their
administrative disciplinary powers, superior officials may impose upon
their subordinates; and
5. Deprivation of rights and reparations which the civil laws may establish in
penal form.

ART. 25. PENALTIES WHICH MAY BE IMPOSED

CLASSIFICATION OF PENALTIES:
1. Principal penalties those expressly imposed by the court in the
judgment of conviction.
Principal Penalties According to Divisibility:
a. Divisible
b. Indivisible. These are:
1. Death;
2. Reclusion Perpetua;
3. Perpetual absolute disqualification;
4. Public censure.
2. Accessory penalties those that are deemed included in the imposition
of the principal penalties
This article classifies penalties according to their gravity:
1. Capital
2. Afflictive
3. Correctional
4. Light
This corresponds to the classification of felonies according to their
gravity under Art. 9:
1. Grave
2. Less grave
3. Light

ART. 29. PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED

FROM TERM OF IMPRISONMENT
OFFENDERS NOT ENTITLED TO THE FULL TIME OR FOUR-FIFTHS OF
THE TIME OF PREVENTIVE IMPRISONMENT:
1. Recidivists or those convicted previously twice or more times of any
crime.
2. Those who upon being summoned for the execution of their sentence,

failed to surrender voluntarily

ARTS. 30 35. EFFECTS OF PENALTIES

ART. 36. PARDON; ITS EFFECTS
EFFECTS OF PARDON BY THE PRESIDENT
1. A pardon shall not restore the right to hold public office or the right of
suffrage. EXCEPT; when any or both such rights is or are expressly
restored by the terms of the pardon;
2. It shall not exempt the culprit from the payment of the civil indemnity.
LIMITATIONS UPON THE EXERCISE OF THE PARDONING POWER
1. That the power can be exercised only after conviction;
2. That such power does not extend to cases of impeachment.

A presidential pardon affects only the principal penalty and not the
accessory penalties, unless the same are expressly remitted in the
pardon.

Pardon by the Chief

Executive
1. Extinguishes the
criminal liability of
the offender
2.

3.

Cannot include
2.
civil liability which
the offender must
pay
Granted only
AFTER
CONVICTION,
and may be
extended to any of
the offenders

Pardon by the
Offended Party
Does NOT
extinguish the
criminal liability of
the offender
Offended party can
waive the civil
liability which the
offender must pay
Pardon should be
given BEFORE
THE INSTITUTION
of criminal
prosecution, and
must extend to
both/all offenders

ART. 37. COSTS WHAT ARE INCLUDED

The following are included in costs:
1. Fees, and
2. Indemnities, in the course of judicial proceedings

ART. 38. PECUNIARY LIABILITIES ORDER OF PAYMENT

In case the property of the offender should not be sufficient for the
payment of all his pecuniary liabilities, the same shall be met in the following:
1. The reparation of the damage caused.
2. Indemnification of the consequential damages.
3. Fine.
4. Costs of proceedings.

ART. 39. SUBSIDIARY PENALTY

Subsidiary penalty - is a subsidiary personal liability to be suffered by the
convict who has no property with which to meet the fine, at the rate of one
day for each eight pesos, subject to the rules provided in Art. 39.

There is no subsidiary penalty for non-payment of (a) the reparation of

the damage caused, (b) indemnification of the consequential damages,
and (c) the cost of the proceedings.

Subsidiary penalty is not an accessory penalty, hence it must be

specifically imposed by the court in its judgment.

ART. 45. CONFISCATION AND FORFEITURE OF THE PROCEEDS

OR INSTRUMENTS OF THE CRIME
OUTLINE OF THE PROVISION OF THIS ARTICLE:
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
3. Property of a third person who is not liable for the offense, is not subject
to confiscation and forfeiture
4. Property not subject of lawful commerce (whether it belongs to the
accused or to a third person) shall be destroyed

APPLICATION OF PENALTIES
ART. 46. PENALTY TO BE IMPOSED UPON PRINCIPALS IN
GENERAL
GRADUATION OF PENALTIES:
1. BY DEGREES refers to (1) the stages of execution (consummated,
frustrated, or attempted); and (2) the degree of the criminal participation
of the offender (whether as principal, accomplice, or accessory).
2. BY PERIODS refers to the proper period of the penalty which should be
imposed when aggravating or mitigating circumstances attend the

commission of the crime

ART. 47. IN WHAT CASES THE DEATH PENALTY SHALL NOT BE

IMPOSED
DEATH PENALTY IS NOT IMPOSED IN THE FOLLOWING CASES:
1. UNDER AGE. When the offender is below 18 years of age at the time of
the commission of the crime.
2. OVER AGE. When the guilty person is more than seventy (70) years of
age
3. NO COURT MAJORITY. 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.

Automatic Review is available only in cases where death penalty is

imposed (RA 7659).
CRIMES PUNISHABLE BY DEATH UNDER RA 7659

CODE:
(MURDER CARNAPPING TRIPP QQD PARK)
1. Murder
2. Carnapping
3. Treason
4. Rape
5. Infanticide
6. Plunder
7. Parricide
8. Qualified Piracy
9. Qualified Bribery
10. Violation of Certain provisions of the Dangerous Drugs Act
11. Piracy in general and Mutiny on the High Seas or in the Philippines
Waters
12. Destructive Arson
13. Robbery with Violence Against or Intimidation of Persons
14. Kidnapping and Serious Illegal Detention

ART. 48. COMPLEX CRIMES

Plurality of Crimes - consists in the successive execution, by the same
individual, of different criminal acts, upon any of which no conviction has yet
been declared
TWO TYPES OF PLURALITY OF CRIMES:
1. Formal or Ideal involves the same criminal intent resulting in two or

more crimes but for which there is only one criminal liability.
Ex: complex crimes under Art. 48
2. Material or real refers to different criminal intents resulting in two or
more crimes for each of which, the accused incurs criminal liability.
Ex: falsification to conceal malversation
TWO KINDS OF COMPLEX CRIMES:
1. COMPOUND CRIME (delito compuesto) a single act constitutes two
or more grave or less grave felonies.
REQUISITES:
1. That only a single act is performed by the offender;
2. That the single act produces: (1) two or more grave felonies, or
(2) one or more grave and one or more less grave felonies, or (3)
two or more less grave felonies.
2. COMPLEX CRIME PROPER (delito complejo) an offense is a
necessary means for committing the other.
REQUISITES:
1. That at least two offenses are committed;
2. That one or some of the offenses must be necessary to commit
the other;
3. That both or all of the offenses must be punished under the
same statute.
NO COMPLEX CRIME IN THE FOLLOWING CASES:
1. In case of a continued crime
2. When one offense is committed to conceal the other.
3. When the other crime is an indispensable part or an element of the other
offense.
4. When the crimes are covered by the rules on absorption
5. When the crimes involved cannot be legally complexed such as when the
penal provision specially provides that the penalty for other felonies shall
be in addition to the penalty imposed by this article.
6. Where one of the offenses is penalized by a special law
CONTINUED CRIME is a single crime, consisting of a series of acts, but all
arising from ONE CRIMINAL RESOLUTION; length of time in the
commission is immaterial.
Real or Material
Plurality
1. There is a series
of acts performed

Continued Crime
1. There is a series
of acts performed

by the offender
2. Each act
performed by the
offender
constitutes a
separate crime,
each act is
generated by a
criminal impulse

by the offender
2. The different acts
constitute only one
crime, all of the
acts performed
arise from one
criminal resolution

COMPLEX CRIME

SSPECIAL COMPLEX
CRIME
1. The combination
of the offenses are
fixed by law, e.g.,
robbery with rape

1. The combination is
generalized, that
is, grave and/or
less grave; one
offense
is
necessary
to
commit the other
2. The penalty for the
crime
is
not
specific but for the
most
serious
offense
in
the
maximum period.

2. The penalty for the

specified
combination
of
crimes is also
specific.

ART. 59. PENALTY TO BE IMPOSED IN CASE OF FAILURE TO

COMMIT THE CRIME BECAUSE THE MEANS EMPLOYED OR
THE AIMS SOUGHT ARE IMPOSSIBLE
BASIS FOR THE IMPOSITION OF PROPER PENALTY:
1. Social danger; and
2. Degree of criminality shown by the offender

ART. 61. RULES OF GRADUATING PENALTIES

Art. 61 furnishes the graduation of penalties by degrees, while Art. 64
govern the graduation of penalties by periods.

In this diagram, O represents the penalty prescribed by law in

defining a crime, which is to be imposed on the principal in a consummated
offense, in accordance with the provisions of Art. 64. The other figures
represent the degrees to which the penalty must be lowered, to meet the
different situations anticipated by law.

ART. 62. EFFECTS OF THE ATTENDANCE OF MITIGATING OR

AGGRAVATING
CIRCUMSTANCES
AND
OF
HABITUAL
DELINQUENCY
EFFECTS:
1. Aggravating circumstances (generic and specific) have the effect of
increasing the penalty, without however exceeding the maximum period
provided by law
2. Mitigating circumstances have the effect of diminishing the penalty
3. Habitual delinquency has the effect, not only of increasing the penalty
because of recidivism which is generally implied in habitual delinquency,
but also of imposing an additional penalty
REQUISITES OF HABITUAL DELINQUENCY:
CODE:(Convicted-CommittedConvicted-CommittedConvicted)
1. that the offender had been convicted of any of the crimes of serious or
less serious physical injuries, robbery, theft, estafa or falsification
(CODE: FRETSL)
2. that after conviction or after serving his sentence, he again committed,
and, within 10 years from his release or first conviction, he was again
convicted of any of the said crimes for the second time
3. that after his conviction of, or after serving sentence for the second
offense, he again committed, and, within 10 years from his last release
or last conviction, he was again convicted of any of said offenses, the
third time or oftener.
Habitual
Delinquency

Recidivism

As to the 1.
CRIMES
committed

The crimes are

specified

As to the
2.
PERIOD of

The offender is
2.
found guilty within

1.

DIAGRAM OF THE APPLICATION OF ARTS. 50 TO 57:

Prin
Accom
Access

CONSUM
MATED

FRUSTRA
TED

ATTEMPTED

0
1
2

1
2
3

2
3
4

It is sufficient that
the accused on
the date of his
trial, shall have
been previously
convicted by final
judgment of
another crime
embraced in the
same title
No period of time
between the

time the
crimes are
committed
As to the
3.
NUMBER of
crimes
committed
As to their
EFFECTS

4.

ten years from his

last release or
last conviction
The accused
3.
must be found
guilty the third
time or oftener of
the crimes
specified
An additional
4.
penalty is also
imposed

former conviction
and the last
conviction
The second and
the first offense is
found in the same
title
If not offset by a
mitigating
circumstance,
serves to increase
the penalty only to
the maximum

ART. 63. RULES FOR THE APPLICATION OF INDIVISIBLE

PENALTIES
OUTLINE OF THE RULES:
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) When there is only one aggravating circumstance, the greater
penalty shall be imposed.
(b) When there is neither mitigating nor aggravating circumstances, the
lesser penalty shall be imposed.
(c) When there is a mitigating circumstance and no aggravating
circumstance, the lesser penalty shall be imposed.
(d) When both mitigating and aggravating circumstances are present,
the court shall allow them to offset one another.

ART. 64. RULES FOR THE APPLICATION OF PENALTIES, WHICH

CONTAIN THREE PERIODS
OUTLINE OF THE RULES:
1. No aggravating, no mitigating- medium period.
2. Only a mitigating circumstance- minimum period.
3. Only an aggravating- maximum period.
CASES IN WHICH MITIGATING AND AGGRAVATING CIRCUMSTANCES
ARE NOT CONSIDERED IN THE IMPOSITION OF PENALTY:
1. When the penalty is single and indivisible (except if privileged mitigating)
2. In felonies through negligence
3. The penalty to be imposed upon a Moro or other non-Christian
inhabitants
4. When the penalty is only a fine imposed by an ordinance
5. When the penalties are prescribed by special laws

ART. 66. IMPOSITION OF FINES

OUTLINE OF THE PROVISION:
1. The court can fix any amount of the fine within the limits established by
law.
2. The court must consider: (1) the mitigating and aggravating
circumstances; and (2) more particularly, the wealth or means of the
culprit.
3. The court may also consider: (1) the gravity of the crime committed; (2)
the heinousness of its perpetration; and (3) the magnitude of its effects
on the offenders victims.

ART. 68. PENALTY TO BE IMPOSED UPON A PERSON UNDER

EIGHTEEN YEARS OF AGE
APPLICATION OF ART. 68:
This article is not immediately applicable to a minor under 18 years of age,
because such minor, if found guilty of the offense charged, is not
sentenced to any penalty. The sentence is suspended and he is ordered
committed to the reformatory institution, IF, his application therefor is
approved by the court.
This article applies to such minor if his application for suspension of sentence
is DISAPPROVED OR if while in the reformatory institution he becomes
INCORRIGIBLE, in which case he shall be returned to the court for the
imposition of the proper penalty.

ART. 70. SUCCESSIVE SERVICE OF SENTENCE

THE THREE-FOLD RULE
1. THE MAXIMUM DURATION OF THE CONVICTS SENTENCE shall not
be more than three times the length of time corresponding to the most
severe of the penalties imposed upon him.
2. But in no case to exceed 40 years.
3. This rule shall apply only when the convict is to serve 4 or more
sentences successively.
4. Subsidiary penalty forms part of the penalty.
DIFFERENT SYSTEMS OF PENALTY, RELATIVE TO THE EXECUTION
OF TWO OR MORE PENALTIES IMPOSED ON ONE AND THE SAME
ACCUSED
1. material accumulation system
No limitation whatever, and accordingly, all the penalties for all the
violations were imposed even if they reached beyond the natural span of
human life.
2. juridical accumulation system

Limited to not more than three-fold the length of time corresponding

to the most severe and in no case to exceed 40 years. This is followed in our
jurisdiction.
3. absorption system
The lesser penalties are absorbed by the graver penalties.

ART. 72. PREFERENCE IN THE PAYMENT OF CIVIL LIABILITIES

Civil liability is satisfied, by following the chronological order of the dates of
the final judgments.

ART. 77. WHEN THE PENALTY IS A COMPLEX ONE COMPOSED

OF THREE DISTINCT PENALTIES
DEFINITION:
A complex penalty is a penalty prescribed by law composed of three distinct
penalties, each forming a period: the lightest of them shall be the minimum,
the next the medium, and the most severe the maximum period.

INDETERMINATE SENTENCE LAW

Act No. 4103 as amended by Act No. 4225
INDETERMINATE SENTENCE is a sentence with a minimum term and a
maximum term which, the court is mandated to impose for the benefit of a
guilty person who is not disqualified therefor, when the maximum
imprisonment exceeds one (1) year. It applies to both violations of Revised
Penal Code and special penal laws.

II.

I.

IF THE PENALTY IS IMPOSED BY THE RPC:

a. The Maximum Term is that which could be properly imposed under
the RPC, considering the aggravating and mitigating circumstances,
b. The Minimum Term is within the range of the penalty one degree
lower than that prescribed by the RPC, without considering the
circumstances,

BUT when there is a privileged mitigating circumstance, so that the

penalty has to be lowered by one degree, the STARTING POINT for
determining the minimum term of the indeterminate penalty is the penalty
next lower than that prescribed by the Code for the offense.
IF THE PENALTY IS IMPOSED BY A SPECIAL PENAL LAW

SIMPLY for special laws, it is anything within the inclusive range of the
prescribed penalty. Courts are given discretion and the circumstances
are not considered.

B. WHEN BENEFIT OF THE ISLAW IS NOT APPLICABLE

The Indeterminate Sentence Law shall not apply to the following persons:
1. sentenced to death penalty or life imprisonment
2. treason, or conspiracy or proposal to commit treason
3. misprision of treason, rebellion, sedition or espionage
4. piracy
5. habitual delinquents
6. escaped from confinement, or evaded sentence
7. granted with conditional pardon by the President, but violated the terms
thereof
8. maximum term of imprisonment do not exceeding 1 year
9. sentenced to the penalty of destierro or suspension only
C. RELEASE OF THE PRISONER ON PAROLE
The Board of Pardons and Parole may authorize the release of a prisoner on
parole, after he shall have served the minimum penalty imposed on him,
provided that:
.
Such prisoner is fitted by his training for release,
b. There is reasonable probability that he will live and remain at liberty
without violating the law,
c. Such release will not be incompatible with the welfare of society.
D. ENTITLEMENT TO FINAL RELEASE AND DISCHARGE
If during the period of surveillance such paroled prisoner shall: (a) show
himself to be a law-abiding citizen and, (b) shall not violate any law, the
Board may issue a final certification of release in his favor, for his final
release and discharge.
E. SANCTION FOR VIOLATION OF CONDITIONS OF THE PAROLE
When the paroled prisoner shall violate any of the conditions of his parole:
(a) the Board may issue an order for his arrest, and thereafter, (b) the
prisoner shall serve the remaining unexpired portion of the maximum
sentence for which he was originally committed to prison.
F. REASONS FOR FIXING THE MAXIMUM AND MINIMUM TERMS IN
THE INDETERMINATE SENTENCE
The minimum and the maximum terms in the IS must be fixed, because they
are the basis for the following:

1. Whenever a prisoner has: (a) served the MINIMUM penalty imposed on

him, and (b) is fit for release as determined by the Board of Indeterminate
Sentence, such Board may authorize the release of the prisoner on
parole, upon terms and conditions prescribed by the Board.
2. But when the paroled prisoner violates any of the conditions of his parole
during the period of surveillance, he may be rearrested to serve the
remaining unexpired portion of the MAXIMUM sentence.
3. Even if a prisoner has already served the MINIMUM, but he is not fitted for
release on parole, he shall continue to serve until the end of the
MAXIMUM term.

provided in Art. 196 shall not obliterate his CIVIL LIABILITY for damages
9. A minor who is ALREADY AN ADULT at the time of his conviction is not
entitled to a suspension of sentence

THE CHILD AND YOUTH WELFARE CODE

B. APPLICATION
This shall apply to all offenders except those entitled to benefits under PD
603 and similar laws.

1. The purpose of Arts. 189 and 192 of the Child and Youth Welfare Code is
to avoid a situation where JUVENILE OFFENDERS would commingle
with ordinary criminals in prison.
2. If the court finds that the youthful offender committed the crime charged
against him, it shall DETERMINE the imposable penalty and the civil
liability chargeable against him.
3. The court may not pronounce judgment of conviction and SUSPEND all
further proceedings if, upon application of the youthful offender, it finds
that the best interest of the public and that of the offender will be served
thereby.
4. The benefits of Article 192 of PD 603, as amended, providing for
suspension of sentence, shall NOT APPLY TO (1) a youthful offender
who once enjoyed suspension of sentence under its provisions, or (2)
one who is convicted of an offense punishable by death or life
imprisonment.
5. The youthful offender shall be RETURNED to the committing court for
the pronouncement of judgment, when the youthful offender (1) has been
found incorrigible; or (2) has willfully failed to comply with the conditions
of his rehabilitation programs; or (3) when his continued stay in the
training institution would be inadvisable.
6. When the youthful offender has reached the age of TWENTY-ONE while
in commitment, the court shall determine whether
To DISMISS the case, if the youthful offender has behaved properly and
has shown his capability to be a useful member of the community; or
To PRONOUNCE the judgment of conviction, if the conditions mentioned
are not met.
7. In the latter case, the convicted offender may apply for PROBATION. In
any case, the youthful offender shall be credited in the service of his
sentence with the full time spent in actual commitment and detention.
8. The final release of a youthful offender based on good conduct as

PROBATION LAW OF 1976:

PD 968, AS AMENDED
A. CONCEPT
PROBATION is a disposition under which a defendant after conviction and
sentence is released subject to conditions imposed by the court and to the
supervision of a probation officer.

C. RULES ON GRANT OF PROBATION

1. After having convicted and sentenced a defendant, the trial court MAY
SUSPEND the execution of the sentence, and place the defendant on
probation, upon APPLICATION by the defendant within the period for
perfecting an appeal.
2. Probation may be granted whether the sentence imposes a term of
imprisonment or a fine only.
3. NO application for probation shall be entertained or granted if the
defendant has PERFECTED AN APPEAL from the judgment of
conviction.
4. Filing of application for probation operates as a WAIVER OF THE
RIGHT TO APPEAL.
5. The application shall be filed with the trial court, and the order granting or
denying probation shall NOT BE APPEALABLE.
6. Accessory penalties are deemed suspended once probation is granted.
D. POST-SENTENCE INVESTIGATION
The convict is not immediately placed on probation. There shall be a prior
investigation by the probation officer and a determination by the court.
E. CRITERIA FOR PLACING AN OFFENDER ON PROBATION
The Court shall consider:
1. All information relative to the character, antecedents, environment, mental,
and physical condition of the offender.
2. Available institutional and community resources.
F. PROBATION SHALL BE DENIED IF THE COURT FINDS THAT:
CODE: (CoRD)

1. Offender is in need of correctional treatment

2. There is undue risk of committing another crime
3. Probation will depreciate the seriousness of the offense committed
G. DISQUALIFIED OFFENDERS:
THE BENEFITS OF THIS DECREE SHALL NOT BE EXTENDED TO
THOSE:
1. Sentenced to serve a maximum of imprisonment of more than 6 years.
2. Convicted of subversion or any crime against the national security or the
public order.
3. Previously convicted by final judgment of an offense punished by
imprisonment of not less than 1 month and 1 day and/or a fine not more than
P200.
4. Once placed on probation.
H. CONDITIONS OF PROBATION
2 KINDS OF CONDITIONS IMPOSED:
1. Mandatory or general - once violated, the probation is cancelled. They are:
. Probationer Presents himself to the probation officer designated to
undertake his supervision, at such place as may be specified in the
order, within 72 hours from receipt of order;
b. He Reports to the probation officer at least once a month
2. Discretionary or special additional conditions listed, which the courts
may additionally impose on the probationer towards his correction and
rehabilitation outside prison.
HOWEVER, the enumeration is not
inclusive. Probation statutes are liberal in character and enable the
courts to designate practically ANY term it chooses, as long as the
probationers Constitutional rights are not jeopardized. Also, they must
not be unduly restrictive of probationer, and not incompatible with the
freedom of conscience of probationer.
I. PERIOD OF PROBATION
FOR HOW LONG MAY A CONVICT BE PLACED ON PROBATION?
1. If the convict is sentenced to a term of imprisonment of NOT more than
one year, the period of probation shall not exceed two years.
2. In all other cases, if he is sentenced to more than one year, said period
shall not exceed six years.
3. When the sentence imposes a fine only and the offender is made to
serve subsidiary imprisonment, the period of probation shall be twice the
total number of days of subsidiary imprisonment.
J.

ARREST OF PROBATIONER
AND SUBSEQUENT DISPOSITIONS.

1. At any time during probation, the court may issue a warrant for the
ARREST of a probationer for any serious violation of the conditions of
probation.
2. If violation is established, the court may (a) REVOKE his probation, or (b)
continue his probation and MODIFY the conditions thereof. This order is
not appealable.
3. If revoked, the probationer shall SERVE the sentence originally imposed.
K. TERMINATION OF PROBATION
The Court may order the final discharge of the probationer upon finding
that, he has fulfilled the terms and conditions of his probation.
L. EFFECTS OF TERMINATION OF PROBATION
1. Case is deemed terminated.
2. Restoration of all civil rights lost or suspended.
3. Fully discharges liability for any fine imposed.

Note that the probation is NOT coterminous with its period. There must
first be an order issued by the court discharging the probationer.

ART. 83. SUSPENSION OF THE EXECUTION OF THE DEATH

SENTENCE
Death sentence shall be suspended when the accused is a:
1. Woman, while pregnant;
2. Woman, within one (1) year after delivery;
3. Person over seventy (70) years of age;
4. Convict who becomes insane, after final sentence of death has been
pronounced.

ART. 87. DESTIERRO

ONLY IN THE FOLLOWING CASES IS DESTIERRO IMPOSED:
CODE: (E-BCP)
1. Death or serious physical injuries is caused or are inflicted, under
exceptional circumstances (Art. 247);
2. Failure to give bond for good behavior in grave and light threats (Art.
284);
3. Penalty for the concubine in concubinage (Art. 334);
4. When, after reducing the penalty by one or more degrees, destierro is
the proper penalty

Although destierro does not constitute imprisonment, it is nonetheless a

deprivation of liberty. Art. 29 is applicable in destierro.

ART. 89. HOW CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED

CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED: CODE(D SAAPP M)

1. By the DEATH of the convict as to personal penalties; BUT as to

pecuniary penalties, liability is extinguished only when the death of the
offender occurs before final judgment;
2. By SERVICE OF SENTENCE;
3. By AMNESTY, which completely extinguishes the penalty and all its
effects. Amnesty is an act of the sovereign power granting oblivion or
a general pardon for a past offense, and is rarely if ever exercised in
favor of a single individual, and is usually exerted in behalf of certain
classes of persons who are subject to trial but have not yet been
convicted.
4. By ABSOLUTE PARDON; Pardon is an act of grace, proceeding from
the power entrusted with the execution of the laws, which exempts the
individual on whom it is bestowed from the punishment the law inflicts for
the crime he has committed.
PARDON

To
whom
grante
d

1. Includes any
crime and is
exercised
individually by the
President

When
exercised

2. Exercised
when the person is
already convicted

Effects

3.
4. Merely looks
FORWARD and
relieves the
offender from the
consequences of
an offense of which
he has been
convicted; it does
not work for the
restoration of the
rights to hold public
office, or the right
of suffrage, unless
such rights be
expressly restored
by means of
pardon

AMNESTY
1. A blanket
pardon to classes
of persons or
communities who
may be guilty of
political offenses
2. May be
exercised even
before trial or
investigation is had
3.
4. Looks
BACKWARD and
abolishes and puts
into oblivion the
offense itself; it so
overlooks and
obliterates the
offense with which
he is charged that
the person
released by
amnesty stands
before the law
precisely as though
he had committed
no offense

As a
matter
of
evidence

5. Does not alter

the fact that the
accused is a
recidivist as it
produces only the
extinction of the
personal effects of
the penalty
6. Does not
extinguish the civil
liability of the
offender
6. Being a
PRIVATE ACT by
the President, must
be pleaded and
proved by the
person pardoned

5. Makes an exconvict no longer a

recidivist, because
it obliterates the
last vestige of the
crime
6. Does not
extinguish the civil
liability of the
offender
6. Being by
Proclamation of the
Chief Executive
with the
concurrence of
Congress, is a
PUBLIC ACT of
which the courts
should take notice

5. By PRESCRIPTION OF THE CRIME; Prescription of the Crime is the

forfeiture or loss of the right of the State to prosecute the offender, after
the lapse of a certain time.
PENALTIES AND THEIR PRESCRIPTIVE PERIODS
PENALTIES AND
PRESCRIPTIVE
OFFENSES
PERIOD
Death, Reclusion
20 years
Perpetua, Reclusion
Temporal
Afflictive Penalties
15 years
Correctional penalties
10 years
Arresto Mayor
5 years
Libel or other similar
1 year
offenses
Oral Defamation and
6 months
Slander by Deed
Light Offenses
2 months
6. By PRESCRIPTION OF THE PENALTY; Prescription of the Penalty is
the loss or forfeiture of the right of the Government to execute the final
sentence, after the lapse of a certain time
Conditions necessary:

a.That there be final judgment;

b.That the period of time prescribed by law for its enforcement has elapsed
Usually caused by Evasion of Service of sentence
7. By THE MARRIAGE OF THE OFFENDED WOMAN with the offender in
the crimes of rape, abduction, seduction, and acts of lasciviousness. In
the crimes of rape, seduction, abduction, or acts of lasciviousness, the
marriage, as provided under Art. 344, must be contracted by the offender
in good faith.
CRIMINAL LIABILITY IS PARTIALLY EXTINGUISHED:
1. By CONDITIONAL PARDON;
2. By COMMUTATION OF THE SENTENCE;
3. For GOOD CONDUCT ALLOWANCES which the culprit may earn while
he is serving sentence;
4. By PAROLE;
Conditional
Pardon
1. May be given at
any time after final
judgment; is
granted by the
Chief Executive
under the
provisions of the
Administrative
Code
2. For violation of the
conditional
pardon, the
convict may be
ordered rearrested or reincarcerated by
the Chief
Executive, or may
be PROSECUTED
under Art. 159 of
the Code

Parole
1. May be given after
the prisoner has
served the
minimum penalty;
is granted by the
Board of Pardons
and Parole under
the provision of
the Indeterminate
Sentence Law
2. For violation of the
terms of the
parole, the convict
CANNOT BE
PROSECUTED
UNDER ART. 159
of the RPC, he
can be re-arrested
and reincarcerated to
serve the
unserved portion
of his original
penalty

5. by PROBATION. Please see Probation Law.

ART. 91.

COMPUTATION OF PRESCRIPTION OF OFFENSES

SUMMARY OR RULES:
1. The period of prescription shall commence to run from the day on which
the crime was discovered by the offended party, the authorities, or their
agents.
2. It shall be interrupted by the filing of the complaint or information.
3. It shall commence to run again when such proceedings terminate without
the accused being convicted or acquitted, or are stopped for any reason
not imputable to him.
4. The term or prescription will not run when the offender is absent from the
Philippines.

ART. 100. CIVIL LIABILITY OF A PERSON GUILTY OF FELONY

A CRIME HAS A DUAL CHARACTER:
1. As an offense against the State, because of the disturbance of the social
order; and
2. As an offense against the private person injured by the crime, UNLESS it
involves the crime of treason, rebellion, espionage, contempt, and others
wherein no civil liability arises on the part of the offender, either because
there are no damages to be compensated or there is no private person
injured by the crime

ART. 102 SUBSIDIARY LIABILITY OF INN KEEPERS,

TAVERNKEEPERS AND PROPRIETORS OF ESTABLISHMENTS
ELEMENTS under par. 1:
1. That the innkeeper, tavernkeeper or proprietor of establishment or his
employee committed a violation of municipal ordinance or some general
or special police regulation;
2. That a crime is committed in such inn, tavern or establishment;
3. That the person criminally liable is insolvent.
ELEMENTS under par. 2:
1. The guests notified in advance the innkeeper or the person representing
him of the deposit of goods within the inn or house;
2. The guests followed the directions of the innkeeper or his representative
with respect to the care and vigilance over the goods;
3. Such goods of the guests lodging therein were taken by robbery with
force upon things or theft committed within the inn or house.

Art. 93. PRESCRIPTION OF PENALTIES

RULES:
1. The period shall begin to run from the date when the culprit should evade

the service of his sentence.

2. It shall be interrupted if the defendant should:
a) Give himself up,
b) Be captured,
c) Go to a foreign country with which the Philippines has no extradition
treaty, or
d) Commit another crime before the expiration of the period of
prescription.

ART. 104. WHAT IS INCLUDED IN CIVIL LIABILITY

THREE CATEGORIES:
1. Restitution
2. Reparation of damage caused
3. And indemnification for consequential damages

ART 110. SEVERAL AND SUBSIDIARY LIABILITY

PRINCIPALS, ACCOMPLICES AND ACCESSORIES

OF

1. Each within their respective class is liable in solidum among themselves

for their quotas and subsidiarily for those of the other persons liable.
2. Subsidiary liability is enforced: (a) first, against the property of the
principals; (b) second, against that of the accomplices; and (c) third,
against that of the accessories.
3. The person who made the payment when liability is in solidum or
subsidiary liability has been enforced, will have a right of action against
the others for the amount of their respective shares.

-End of Book One-