Criminal Law Reviewer (Art.
1-113) 3) Prospectivity - Acts or omissions will
Criminal Law Reviewer (Art. 1-
113)
Criminal Law is that branch of public
substantive law which defines offenses
and prescribes their penalties. It is
also that branch of municipal law,
which defines crimes, treats of their
nature and provides for their
punishment.
3 Characteristics of Criminal Law:
1) Generality - means that the criminal
law of the country governs all persons
within the country regardless of their
race, belief, sex, or creed. However, it
is subject to certain exceptions
brought about by international
agreement. Ambassadors, chiefs of
states and other diplomatic officials
are immune from the application of
penal laws when they are in the
country where they are assigned.
(Hindi kasama dito ang diplomats,
etc.)
2) Territoriality - means that the penal
laws of the country have force and
effect only within its territory. It
cannot penalize crimes committed
outside the same. This is subject to
certain exceptions brought about by
international agreements and
practice. The territory of the country
is not limited to the land where its
sovereignty resides but includes also
its maritime and interior waters as
well as its atmosphere. (kasama lahat
dito!)
- Terrestrial: jurisdiction exercised
over the land
- Fluvial: jurisdiction over maritime
and interior waters (3-5 nautical miles
from the shore, sakop pa rin natin)
- Aerial: jurisdiction over the
atmosphere (airspace natin)
only be subject to a penal law if they
are committed after a penal law had
already taken effect. Vice-versa, this
act or omission which has been
committed before the effectivity of a
penal law could not be penalized by
such penal law because penal laws
operate only prospectively.
French Rule
The French Rule provides that the
nationality of the vessel follows the
flag which the vessel flies, unless the
crime committed endangers the
national security of a foreign country
where the vessel is within jurisdiction
in which case such foreign country will
never lose jurisdiction over such
vessel.
American Rule / Anglo-Saxon Rule
This rule strictly enforces the
territoriality of criminal law. The law of
the foreign country where a foreign
vessel is within its jurisdiction is
strictly applied, except if the crime
affects only the internal management
of the vessel in which case it is subject
to the penal law of the country where
it is registered.
Nullum crimen, nulla poena sine
lege There is no crime when there
is no law punishing the same.
- This is true to civil law countries,
but not to common law countries.
- No matter how wrongful, evil or
bad the act is, if there is no law
defining the act, the same is not
considered a crime.
- Common law crimes are wrongful
acts which the community/society
condemns as contemptible, even
though there is no law declaring the
act criminal.
- Not any law punishing an act or
omission may be valid as a criminal
 law. If the law punishing an act is
ambiguous, it is null and void.
Actus non facit reum, nisi mens
sit rea The act cannot be criminal
where the mind is not criminal.
- This is true to a felony
characterized by dolo, but not a felony
resulting from culpa.
- This maxim is not an absolute one
because it is not applied to culpable
felonies, or those that result from
negligence.
Mens Rea in laymans terms:
bulls-eye of a crime. Synonymous
with criminal or deliberate intent, but
that is not correct. It still depends on
the elements of the crime. You can
only detect the mens rea of a crime by
knowing the particular crime
committed. Without reference to a
particular crime, this term is
meaningless.
Ex. In theft, mens rea is taking the
property with intent to gain. In
falsification, mens rea, is the effect of
the forgery with intent to pervert the
truth.
Mala in se:
- Which literally means, that the act
is inherently evil or bad or per se
wrongful.
- These are punishable by our RPC.
- The intent is crucial.
Mala prohibita(um):
- These are violations of special
laws.
- Example is possession of drugs
(punishable by Special Laws), ito yung
kahit hindi mo gagamitin or ibebenta,
the mere fact na nasa pagmamay-ari
mo ito, bawal pa rin!
Felony: these are acts or omissions as
defined by Article 3 of the RPC. They
may be differentiated by dolo (deceit)
which is intentional, and culpa (fault)
which is imprudence, negligence, lack
of skill or foresight.
Offense: are crimes punished under a
special law is called as statutory
offense.
Misdemeanor: a minor infraction of
the law, such as a violation of an
ordinance, is referred to as a
misdemeanor.
Crime: whether the wrongdoing is
punished under the Revised Penal
Code or under a special law, the
generic word crime can be used.
Mistake of Fact:
When the offender acted out of a
mistake of fact, criminal intent is
negated, so do not presume that the
act was done with criminal
intent. This is absolutory if crime
involved dolo.
Dolo has three requisites:
1) Criminal Intent
2) Freedom of action
3) Intelligence
Culpa has three requisites as well:
1) criminal negligence on the part of the
offender , that is, the crime was the
result of negligence, reckless
imprudence, lack of foresight or lack of
skill;
2) freedom of action on the part of the
offender, that is, he was not acting
under duress; and
3) Intelligence on the part of the
offender in performing the negligent
act.
Distinction between Dolo and
Culpa:
Dolo, has criminal intent,
and culpa has criminal negligence.
 Criminal Intent has 2 categories:
1) General Criminal Intent: presumed
from the mere doing of a wrong
act. This does not require proof.
2) Special Criminal Intent: not
presumed because it is an ingredient
or element of a crime, like intent to kill
in the crimes of attempted or
frustrated homicide /parricide
/murder. The prosecution has the
burden of proving the same.
May a crime be committed without
criminal intent?
Yes. It is not necessary between these
areas:
1) When the crime was committed was
a product of culpa or negligence,
reckless imprudence, lack of foresight
or skill;
2) When the crime is a prohibited act
under a special law or what is called
mala prohibita(um)
Distinction between intent and
discernment:
Intent is the determination to do a
certain thing, an aim or purpose of the
mind. On the other hand, discernment
is the mental capacity to tell right
from wrong.
Distinction between intent and
motive:
Intent is demonstrated by the use of a
particular means to bring about a
desired result it is not a state of mind
or a reason for committing a crime. On
the other hand, motive implies
motion. It is the moving power which
impels one to do an act.
Distinction between negligence
and imprudence:
(1) In negligence, there
deficiency of action;
(2) In imprudence, there is deficiency
of perception.
Criminal Liability:
This shall be incurred upon the person
on the act of a crime (gumawa ng
krimen), whether:
Error in personae mistake in identity
(wrong person) Ex. A wanted to kill B,
but kill C instead, this is considered as
mistake in identity.
Abberatio ictus mistake in blow
(wrong shot; bullet went the other way
etc.) Ex. A shot B, but instead, the
bullet ricocheted (bounced off) from
the wall and hit C. (best example from
CSI: Las Vegas where a guy in avoiding
an incoming blow and someone got hit
instead and that fellow died of injuries
to the head hours later.)
Praeter intentionem where the
consequence exceeded the intention.
Ex. A dropped a pail of water on Bs
head, his intention was just a joke and
getting B wet. But instead of getting
wet, B died due to hemorrhage to the
skull suffered from the injuries.
(another best example in CSI: New
York, where a sorority member
inserted a canister on an inhaler of a
sister sorority to set the mood (the
said canister was said to heighten
sexual appetite) not knowing of her
previous condition (which was asthma)
which collided and thus killing her
instead of setting mood, she died of
orgasm.)
Proximate cause:
Article 4, Paragraph 1, presupposes
that the act done was a proximate
cause. It must be:
1) Direct
2) Natural
3) Logical consequence of the felonious
act
is
Impossible Crime:
Is an act which would be an offense
against person or property were it not
for the inherent impossibility of its
accomplishment or on account of the
 employment of inadequate or
ineffectual means.
Ex. A houseboy on the intention of
raping his beautiful master went
upstairs unlocked the door and
proceeded to rape her without
knowing that she was dead to begin
with. An impossible crime was
committed.
Article 4, Paragraph 1 this refers
to the wrongful act done constituted a
felony, although it might be different
from what he intended. Ex. In saving
Ds life from imminent danger of being
hit by an oncoming truck, A yanked
him out and set him aside. Not
realizing that there were snakes or
spikes where he shoved him thus
resulting in his death.
Article 4, Paragraph 2 this refers
to a situation where the wrongful act
did not constitute any felony, but
because the act would have given rise
to a crime against persons or against
property, the same is penalized to
repress criminal tendencies to curtail
their frequency.
Article 5 of the RPC covers two (2)
instances:
1) The court cannot convict the accused
because the acts do not constitute a
crime. The proper judgment is
acquittal, but the court is mandated to
report to the Chief Executive that said
act be made subject of penal
legislation and why. Ex. There is no
crime committed, thus resulting in the
persons freedom/acquittal. (best
example from CSI: Miami, when a guy
was convicted of shooting a man, but
since there was no GSR (gunshot
residue) found on him, evidence
showed otherwise, thus acquitting
him.)
2) Where the court finds the penalty
prescribed for the crime too harsh
considering the conditions surrounding
the commission of the crime, the
judge should impose the law. The
most that he could do is to
recommend to the Chief Executive to
grant executive clemency. Ex. In the
case of complex crimes, although the
punishment be given be the highest
level of punishment, they recommend
to the President that the prisoner be
granted pardon or clemency (best
example when Michael Scofields
brother Linc was pardoned by the
President)
Stages in committing a felony:
As emphasized on Article 6, the
following are the stages:
1) Attempted the crime was
commenced first, but only injuries
were sustained.
2) Frustrated the crime that happened
was in progress to 75% of the event,
believing that the victim was already
dead, the killer fled the scene not
knowing that the victim still had a
pulse and survived because the victim
was brought to the hospital where he
was saved.
3) Consummated total death for the
victim killed or murdered.
Note that there is no frustrated
rape only consummated, no matter
how the penetration happened, it was
still consummated.
There is no frustrated robbery,
only desistance, meaning the person
about to rob the store was overcome
by guilt and changed his mind later.
There is no frustrated or
attempted oral defamation, it is
always in the consummated stage.
Formal Crimes are crimes which
are consummated in one instance.
The difference between attempted and
frustrated stage lies on whether the
offender has performed all the acts or
 execution for the accomplishment of You will notice this from the nature of
the crime. the crime requiring two participants.

Literally, under the article 6, if the On physical injuries

offender has performed all the acts of In order that in law, a deformity can be
execution which should produce the said to exist, three factors must
felony as a consequence but the concur:
felony was not realized, then the crime
is already in the frustrated stage. If (1) The injury should bring about
the offender has not yet performed all the ugliness;
the acts of execution there is yet
something to be performed but he (2) The ugliness must be visible;
was not able to perform all the acts of
execution due to some cause or (3) The ugliness would not disappear
accident other than his own through natural healing process.
spontaneous desistance, then you
have an attempted felony. Elements of a crime:
1) Element of intent to damage
Desistance: 2) The damage inflicted
On the part of the offender negates 3) Intent to gain
criminal liability in the attempted
stage. Desistance is true only in the Nature of crime:
attempted stage of the felony. If 1) Grave
under the definition of the felony, the 2) Light
act done is already in the frustrated
stage, no amount of desistance will Conspiracy and proposal to
negate criminal liability. commit felon
For conspiracy to exist:
Whether the felony is attempted,
frustrated or consummated, here are 1) There is an agreement
the following criteria involved: 2) The participants acted in concert or
1) The manner of committing the crime; simultaneously which is indicative of a
2) The elements of the crime; and meeting of the minds towards a
3) The nature of the crime itself common criminal goal or criminal
objective. When several offenders act
Manner of committing a crime in a synchronized, coordinated
Ex. Bribery. Can the crime of frustrated manner, the fact that their acts
bribery be committed? No. complimented each other is indicative
of the meeting of the minds. There is
It usually takes 2 to tango. Meaning an implied agreement.
there is a principal and an accomplice.
And 2 people to take part in the crime. Two (2) kinds of conspiracy:
As mentioned earlier there is no such 1) Conspiracy as a crime more of
thing as frustrated rape. In rape, it national security (like coup detat)
requires the connection of the 2) Conspiracy as a manner of incurring
offender and the offended party. No criminal liability following an attack,
penetration at all, there is only an the 2 offenders conspired to get back
attempted stage. Slightest penetration at the person who attacked them thus
or slightest connection, consummated. resulting in his death.
 Proposal to commit murder is not a
crime. But if B accepts the proposal,
there will be conspiracy to commit
murder which is a crime under the
Revised Penal Code.
When the conspiracy is only a basis of
incurring criminal liability, there must
be an overt act done before the co-
conspirators become criminally
liable. When the conspiracy itself is a
crime, this cannot be inferred or
deduced because there is no overt
act. All that there is the
agreement. On the other hand, if the
co-conspirator or any of them would
execute an overt act, the crime would
no longer be the conspiracy but the
overt act itself.
Composite crimes are crimes
which, in substance, consist of more
than one crime but in the eyes of the
law, there is only one crime. Ex.
Crimes with robbery with rape,
robbery with homicide, robbery with
physical injuries.
Complex crimes are crimes which
in sum, consist of a mixture of two
crimes, but the penalty that will be
imposed shall be the one with the
graver offense.
Classifications of felonies:
1) According to the manner of their
commission. Under Article 3, they are
classified as, intentional felonies or
those committed with deliberate
intent; and culpable felonies or those
resulting from negligence, reckless
imprudence, lack of foresight or lack of
skill.
2) According to the stages of their
execution. Under Article 6., felonies
are classified as attempted felony
when the offender commences the
commission of a felony directly by
overt acts, and does not perform all
the acts of execution which should
produce the felony by reason of some
cause or accident other than his own
spontaneous desistance; frustrated
felony when the offender commences
the commission of a felony as a
consequence but which would produce
the felony as a consequence but which
nevertheless do not produce the
felony by reason of causes
independent of the perpetrator; and,
consummated felony when all the
elements necessary for its execution
are present.
3) According to their gravity. Under
Article 9, felonies are classified as
grave felonies or those to which
attaches the capital punishment or
penalties which in any of their periods
are afflictive; less grave felonies or
those to which the law punishes with
penalties which in their maximum
period was correccional; and light
felonies or those infractions of law for
the commission of which the penalty is
arresto menor.
There are five (5) circumstances
affecting criminal liability:
1) Justifying circumstances
2) Exempting circumstances
3) Mitigating Circumstances
4) Aggravating Circumstances
5) Alternative Circumstances
There are 2 others found elsewhere in
the provision of the RPC:
1) Absolutory cause
2) Extenuating circumstances
Absolutory cause: The effect of this is
to absolve the offender from criminal
liability, although not from civil
liability. It has the same effect as an
exempting circumstance, but you do
not call it as such in order not to
confuse it with the circumstances
under Article 12. It has the effect of an
exempting circumstance and they are
 predicated on lack of voluntariness like
instigation. Instigation is associated
with criminal intent.
Difference between instigation and
entrapment
In instigation, the criminal plan or
design exists in the mind of the law
enforcer with whom the person
instigated cooperated so it is said that
the person instigated is acting only as
a mere instrument or tool of the law
enforcer in the performance of his
duties.
On the other hand, in entrapment, a
criminal design is already in the mind
of the person entrapped. It did not
emanate from the mind of the law
enforcer entrapping him. Entrapment
involves only ways and means which
are laid down or resorted to facilitate
the apprehension of the culprit.
Extenuating circumstance
The effect of this is to mitigate the
criminal liability of the offender. In
other words, this has the same effect
as mitigating circumstances, only you
do not call it mitigating because this is
not found in Article 13.
Distinction between Justifying and
Exempting Circumstances:
Justifying Circumstances:
1) The circumstance affects the act, not
the actor;
2) The act complained of is considered
to have been done within the bounds
of law; hence, it is legitimate and
lawful in the eyes of the law;
3) Since the act is considered lawful,
there is no crime, and because there is
no crime, there is no criminal;
4) Since there is no crime or criminal,
there is no criminal liability as well as
civil liability
Exempting Circumstances:
1) The circumstances affect the actor,
not the act;
2) The act complained of is actually
wrongful, but the actor acted without
voluntariness. He is a mere tool or
instrument of the crime;
3) Since the act complained of is
actually wrongful, there is a
crime. But because the actor acted
without voluntariness, there is
absence of dolo or culpa. There is no
criminal;
4) Since there is a crime committed but
there is no criminal, there is civil
liability for the wrong done. But there
is no criminal liability. However, in
paragraphs 4 and 7 of Article 12, there
is neither criminal nor civil liability.
Justifying Circumstances:
Since the justifying circumstances are
in the nature of defensive acts, there
must be always unlawful
aggression. The reasonableness of
the means employed depends on the
gravity of the aggression. If the
unlawful aggressor was killed, this can
only be justified if it was done to save
the life of the person defending or the
person being defended. The equation
is life was taken to save life.
Self defense:
It is the element of unlawful
aggression that is in issue. Never
confuse unlawful aggression with
provocation. Mere provocation is not
enough.
Defense of property rights
This can only be invoked if the life and
limb of the person making the defense
is also the subject of unlawful
aggression. Life cannot be equal to
property.
Defense of stranger
If the person being defended is
already a second cousin, you do not
invoke defense of relative anymore. It
will be defense of stranger. This is
vital because if the person making the
defense acted out or revenge,
resentment or some evil motive in
killing the aggressor, he cannot invoke
the justifying circumstance if the
relative defended is already a stranger
in the eyes of the law. On the other
hand, if the relative defended is still
within the coverage of defense of
relative, even though he acted out of
some evil motive, it would still
apply. It is enough that there was
unlawful aggression against the
relative defended, and that the person
defending did not contribute to the
unlawful aggression.
Incomplete self-defense or
incomplete justifying
circumstance or incomplete
exempting circumstances
When you say incomplete justifying
circumstance, it means that not all the
requisites to justify the act are present
or not the requisites to exempt from
criminal liability are present.
First, to have incomplete self-defense,
the offended party must be guilty of
unlawful aggression. Without this,
there can be no incomplete self-
defense, defense of relative, or
defense of stranger.
Second, if only the element of unlawful
aggression is present, the other
requisites being absent, the offender
shall be given only the benefit of an
ordinary mitigating circumstance.
Third, if aside from the element of
unlawful aggression another requisite,
but not all, are present, the offender
shall be given the benefit of a
privileged mitigating circumstance. In
such a case, the imposable penalty
shall be reduced by one or two
degrees depending upon how the
court regards the importance of the
requisites present. Or absent.
State of necessity this is the
commission of a crime to avoid an
imminent and clear present danger.
Fulfillment of duty this is the
commission of the crime in line of
duty, and there are 2 conditions:
1) The felony was committed while the
offender was in the fulfillment of a
duty or in the lawful exercise of a right
or office; and
2) The resulting felony is the
unavoidable consequence of the due
fulfillment of the duty or the lawful
exercise of the right or office
Exempting Circumstances:
The reason for the exemption lies on
the involuntariness of the act one or
some of the ingredients of
voluntariness such as criminal intent,
intelligence, or freedom of action on
the part of the offender is missing.
This includes:
1) Imbecility and insanity take note on
the grounds of insanity the accused
acted with complete deprivation of
intelligence in committing the crime
and test of volition, whether the
accused acted in total deprivation of
freedom of will.
2) Minority
Damnum absque injuria the
offender is exempt from criminal
liability but of civil liability as well.
Mitigating Circumstances:
These are accompanying or accessory
condition, event, or fact that (though
not constituting a justification or
excuse of an offense) may be
considered by the courts as reducing
the degree of culpability or liability of
the accused. Such circumstances may
include family or personal situations,
and may help in attracting a sentence
 less severe than a typical sentence for
similar offenses.
There are two distinctions: ordinary
and privileged.
1) As to the nature of the
circumstances, ordinary mitigating
circumstance can be offset by
aggravating circumstances, while
privileged can never be offset.
2) As to effect, ordinary, if not offset will
operate to reduce the penalty to a
minimum period, provided the penalty
is a divisible one (negotiable. Meaning
if you hear the words of an officer Man
1, but because of the offenders
confession and divulging of other vital
information, Man 1 with reduced
sentence of up to 5 years with
probation). With privileged, it operates
to reduce the penalty by one or two
degree, depending on what the law
provides.
Sufficient threat or provocation:
This is mitigating only if the crime was
committed on the very person who
made the threat or provocation. The
common set-up given in a bar problem
is that of provocation was given by
somebody. The person provoked
cannot retaliate against him; thus, the
person provoked retaliated on a
younger brother or on an elder
father. Although in fact, there is
sufficient provocation, it is not
mitigating because the one who gives
the provocation is not the one against
whom the crime was committed.
Diminished self control has two
criteria:
1) Time has lapsed after the
provocation was initially given (ex. A
guy was insulted at this moment, and
retaliated back after 24 hours. Giving
him enough time to think of his
actions)
2) If there is that time element and at
the same time, facts are given
indicating that at the time the offender
committed the crime, he is still
suffering from outrage of the threat or
provocation done to him, then he will
still get the benefit of this mitigating
circumstance.
Vindication of a grave offense, the
vindication need not be done by the
person upon whom the grave offense
was committed.
Passion or obfuscation this stands on
the premise or proposition that the
offender is suffering from a diminished
self-control because of passion or
obfuscation. Passion must be
legitimate.
This occurs when an assault on spouse
or loved one is prominent, and
because of a jealous outbreak you end
up killing the person assaulting your
spouse or loved-one.
Physical defect is another mitigating
circumstance. Regardless of any
physical defect a person may still
commit a crime as the other parts of
the body are fully functioning and
could still commence the crime. Blind,
and invalid are not exempted. Some
parts of their body are still working.
Aggravating Circumstances:
Circumstances that increase the
seriousness or outrageousness of a
given crime, and that in turn increase
the wrongdoer's penalty or
punishment.
These are the kinds of aggravating
circumstances:
1) Generic or those that can generally
apply to all crime;
2) Specific or those that apply only to a
particular crime
3) Qualifying or those that change that
change the nature of the crime
4) Inherent or those that must of
necessity accompany the commission
of the crime
Distinctions between Aggravating and
Qualifying circumstances
In aggravating:
1) The circumstance could be offset by
a mitigating circumstance,
2) No need to allege this circumstance
in the information, as long as it is
proven during trial. If it is proved
during trial, the court would consider
the same in imposing the penalty;
3) It is not an ingredient of a crime. It
only affects the penalty to be imposed
but the crime remains the same
In qualifying circumstances:
1) The circumstance affects the nature
of the crime itself such that the
offender shall be liable for a more
serious crime. The circumstance is
actually an ingredient of the crime
2) Being an ingredient of the crime, it
cannot be offset by any mitigating
circumstance
3) Qualifying circumstances to be
appreciated as such must be
specifically alleged in the complaint or
information. If not alleged but proven
during the trial, it will be considered
only as generic aggravating
circumstance. If this happens, they are
susceptible of being offset by a
mitigating circumstance
Aggravating circumstances includes:
1) Taking advantage of public position
this means you use public office as a
medium to commence a crime
thinking that you wouldnt be
convicted (well guess again!)
2) Disrespect due to age, rank and sex
this refers to old, young and for the
sex, its the female
3) Abuse of confidence this is not
mere betrayal of trust just because in
example you left your daughter in the
trust of a neighbor and your neighbor
rapes your daughter. That is not
aggravating, what is aggravating if it
was done to you.
4) Dwelling this refers to house,
regardless if its yours or not!
5) Band obviously this refers to more
than 3 people! It would be bad enough
as it is if one person kills you, but a
group? (hello! Common sense!)
6) Uninhabited place this refers to an
area far away from civilization, if this
is you, it would be so unfair as the
criminal intends that you wont be
saved, this is considered as
aggravating.
7) Nighttime you are rendered
defenseless at this point in moment in
time. You are sleeping, so killing you
while sleeping aggravates the whole
thing!
8) Treachery violation of allegiance or
faith. You create this once your
allegiance/loyalty to someone is
destroyed.
9) Evident premeditation it means you
planned this all along!!!
10) Breaking and entering is included as
well!
11) If you ask the aid of people below 15
years of age, the crime gets
aggravated! (best example CSI: Miami,
when an offender asked the aid of
Horatios son Kyle who at the time of
the offense was 15, ranking him as a
juvenile)
12) Craft, disguise or fraud be used in
committing a crime.
13) If you create an explosion, poison,
stranding a vessel, fire, (all man-made
accidents) these also aggravate the
situation. If you use these examples to
hide your crime, then youre facing jail
time for a lifetime.
14) If you accepted a bribe, reward or
price in exchange for a
commencement of a crime, well
consider these things aggravating.
15) Another aggravating circumstances,
you kill someone and being a show-off,
 you exposed the person, not only
dead, but naked as well and hung him
on a tree, this is ignominy. Kumbaga
sa dead, double-dead na ito!
16) If you use your size to get your way
and in the end resulting in death, then
this is also considered as aggravating.
17) During natural causes of accidents
like earthquake or epidemic and you
used it as a cover for your crime, this
is also aggravating. (Best example of
this, CSI: Miami, a robbery took place
during a tsunami event. The robbers
used a geologist to cover for them.
Talk about good research! But
regardless, its still aggravating
circumstances)
18) If you commit a crime in the
executive palace, regardless of the
existence of the president or not, the
grounds are still aggravating.
Especially if you shoot a gun inside a
church!
19) If you insult a public officer, that is
also an aggravating circumstance.
20) If you also asked the help of armed
men, it also aggravates the case.
Recidivism the offender at the time
of the trial shall have been previously
convicted by final judgment of another
in the same title of the RPC. Ex. A guy
committed murder last 2 months ago,
and now he is being convicted of
homicide.
Reiteration the offender has been
punished for an offense which the law
attaches an equal greater penalty for
two or more crimes to which it
attaches a lighter penalty. This time,
separate titles are applicable. Ex.
Robbery with rape is a good example.
Habitual delinquency the offender
within a 10-year period from the date
of release or conviction of the crimes:
robbery, estafa, murder, the third
time.
Alternative Circumstance:
These offenses are against your
family (relationship)
These offenses also cover the part
when youre drunk (so stop drinking!)
It doesnt care if youve finished a
college degree or a simple 1 st grader.
Everyone has a tendency to become a
murderer.
The following are Criminally Liable for
Grave felonies:
1) Principals main doers of the crime
2) Accomplices the one who helped in
the execution
3) Accessories one may not be there
during the crime, but after you help
hide the evidence (obstruction of
justice ito)
The following are Criminally Liable for
Light felonies:
1) Principals
2) Accomplices
Grave felonies:
These felonies are punishable by the
highest possible punishment: lifetime
imprisonment or 6-30 years. Examples
are rape, murder, robbery, treason.
Light felonies:
These felonies, are punishable by
lightest punishments: arresto menor,
bail. These are commenced due to
infractions and misdemeanors.
Accessories who are exempt from
Criminal Liability are your relatives,
siblings, spouses.
Punishments given for Grave Felonies:
1) Reclusion perpetua
2) Reclusion temporal
3) Perpetual or temporary
disqualification
4) Perpetual or special disqualification
5) Prision mayor
Correctional penalties:
1) Prision correccional
2) Arresto mayor
3) Suspension
4) Destierro
Light penalties
1) Arresto menor
2) Public censure
Penalties common to the three
preceding classes:
1) Fine and
2) Bond to keep the peace.
Art. 21. Penalties that may be
imposed. No felony shall be
punishable by any penalty not
prescribed by law prior to its
commission.
: Meaning, you cannot punish anyone
with any penalty if he or she did not
commit any crime, thus the legal
maxim: Nullum crimen, nulla poena
sine lege - There is no crime when
there is no law punishing the same.
Ex: A man was convicted of murder,
but his alibi and evidence showed
otherwise. Should the man be
convicted of murder or not?
A: No, he shouldnt be.
There was no felony committed,
therefore, no penalty is prescribed by
law punishing it, thus the legal maxim:
Nullum crimen, nulla poena sine lege
there is no crime when there is no law
punishing the same.
In the case given, although the man
was convicted of murder, the evidence
and alibi does not tie him to the crime.
Thus eliminating him of any liability for
there was no crime committed.
Art. 22. Retroactive effect of penal
laws. Penal Laws shall have a
retroactive effect insofar as they
favor the persons guilty of a
felony, who is not a habitual
criminal, as this term is defined in
Rule 5 of Article 62 of this Code,
although at the time of the
publication of such laws a final
sentence has been pronounced
and the convict is serving the
same.
: With relation to Art. 4 of the Civil
Code: Laws shall have no retroactive
effect unless otherwise provided,
meaning, laws are usually prospective.
They never look back. Say for
example, a man committed a crime of
murder, if he was sentenced for the
penalty of the death sentence, and
since it was abolished, it will no longer
follow. Should it be implemented back,
he is no longer covered by such
punishment.
Art. 23. Effect of pardon by the
offended party. A pardon of the
offended party does not
extinguish criminal action except
as provided in Article 344 of this
Code; but civil liability with regard
to the interest of the injured party
is extinguished by his express
waiver.
: This is in connection to the pardoning
of the President to the accused.
Usually in the case of rape, unless the
person is forgiven by the victim, then
the offender is not pardoned. The
difference between amnesty and
pardon lies between the erasure of the
conviction and the crime itself. Pardon,
excuses the convict from serving the
sentence.
Ex: Suppose, instead of amnesty, what
was given was absolute pardon, then
years later, the offender was again
captured and charged for rebellion, he
was convicted, is he a recidivist?
A: Yes, he is.
 are those included in the
Pardon, although absolute, does not following:
erase the effects of conviction. It only
excuses the accused from serving his Capital punishment: Death
sentence. Afflictive penalties: Reclusion
perpetua, Reclusion temporal,
In the case at bar, the accused was Perpetual or temporary absolute
awarded or given pardon, not disqualification, Perpetual or
amnesty, which erases not only the temporary special disqualification,
conviction but also the crime itself. He Prision mayor.
then commits a crime of rebellion, Correctional penalties: Prision
thereby making him a recidivist. correccional, Arresto mayor,
Suspension, Destierro.
Art. 24. Measures of prevention or Penalties common to the three
safety which are not considered preceding classes: Fine, and Bond
penalties. The following shall to keep the peace.
not be considered as penalties:
1. The arrest and temporary Accessory Penalties:
detention of accused persons, as Perpetual or temporary absolute
well as their detention by reason disqualification
of insanity or imbecility, or illness Perpetual or temporary special
requiring their confinement in a disqualification
hospital. Suspension from public office, the
2. The commitment of a minor to right to vote and be voted for, the
any of the institutions mentioned profession or calling
in Article 80 and for the purposes Civil interdiction
specified therein. Indemnification
3. Suspension from the Forfeiture or confiscation of
employment of public office instruments and proceeds of the
during the trial or in order to offense
institute proceedings. Payment of costs
4. Fines and other corrective
measures which, in the exercise of : The abovementioned are penalties
their administrative disciplinary imposed on the criminal offenses
powers, superior officials may being committed by offenders.
impose upon their subordinates.
5. Deprivation of rights and the Art. 26. When afflictive,
reparations which the civil laws correctional, or light penalty. A
may establish in penal form. fine, whether imposed as a single
of as an alternative penalty, shall
: The abovementioned are not be considered an afflictive
penalties for a crime. Rather they are penalty, if it exceeds 6,000 pesos;
just part of due process given to an a correctional penalty, if it does
accused. not exceed 6,000 pesos but is not
less than 200 pesos; and a light
Art. 25. Penalties which may be penalty if it less than 200 pesos.
imposed. The penalties which : This means you could just pay for
may be imposed according to this bail, if what you committed did not
Code, and their different classes, meet the penalties mentioned in the
preceding article.

Art. 27. Reclusion perpetua. Any
person sentence to any of the
perpetual penalties shall be
pardoned after undergoing the
penalty for thirty years, unless
such person by reason of his
conduct or some other serious
cause shall be considered by the
Chief Executive as unworthy of
pardon. (20 years and 1 day to 40
years)
Reclusion temporal. The penalty
of reclusion temporal shall be
from twelve years and one day to
twenty years.
Prision mayor and temporary
disqualification. The duration of
the penalties of prision mayor and
temporary disqualification shall
be from six years and one day to
twelve years, except when the
penalty of disqualification is
imposed as an accessory penalty,
in which case its duration shall be
that of the principal penalty.
Prision correccional, suspension,
and destierro. The duration of
the penalties of prision
correccional, suspension and
destierro shall be from six months
and one day to six years, except
when suspension is imposed as an
accessory penalty, in which case,
its duration shall be that of the
principal penalty.
Arresto mayor. The duration of
the penalty of arresto mayor shall
be from one month and one day to
six months.
Arresto menor. The duration of
the penalty of arresto menor shall
be from one day to thirty days.
Bond to keep the peace. The
bond to keep the peace shall be
required to cover such period of
time as the court may determine.
: The abovementioned penalties are to
be given on offenders when they have
committed a crime, depending on the
lightness and gravity of the crime
committed. The gravest being
Reclusion perpetua since the Death
sentence has been abolished. And
bond to keep peace as the lightest.
Art. 28. Computation of
penalties. If the offender shall
be in prison, the term of the
duration of the temporary
penalties shall be computed from
the day on which the judgment of
conviction shall have become
final.
If the offender be not in prison,
the term of the duration of the
penalty consisting of deprivation
of liberty shall be computed from
the day that the offender is placed
at the disposal of the judicial
authorities for the enforcement of
the penalty. The duration of the
other penalties shall be computed
only from the day on which the
defendant commences to serve
his sentence.
: This refers to the duration of the
sentence.
Ex: True or false, a man was convicted
of Reclusion temporal after committing
a crime of homicide should be serving
a sentence of twenty years and one
day to forty years?
A: False.
The Revised Penal Code provides that
Reclusion temporal is supposed to be
served twelve years and one day to
twenty years.
In the case at bar, the man committed the trial thereof or the proceeding
homicide and was punished with on appeal, if the same is under
Reclusion temporal. The years that review. In case the maximum
was mention in the prescription was penalty to which the accused may
for Reclusion perpetua. be sentenced is destierro, he shall
be released after thirty (30) days
Art. 29. Period of preventive of preventive imprisonment.
imprisonment deducted from term
of imprisonment. Offenders who : This is in reference to offenders who
have undergone preventive have served their sentences to
imprisonment shall be credited in prevent them from committing
the service of their sentence another crime.
consisting of deprivation of
liberty, with the full time during Art. 30. Effects of the penalties of
which they have undergone perpetual or temporary absolute
preventive imprisonment, if the disqualification. The penalties
detention prisoner agrees of perpetual or temporary
voluntarily in writing to abide by absolute disqualification for public
the same disciplinary rules office shall produce the following
imposed upon convicted effects:
prisoners, except in the following 1. The deprivation of the public
cases: offices and employments which
1. When they are recidivists or the offender may have held even
have been convicted previously if conferred by popular election.
twice or more times of any crime; 2. The deprivation of the right to
and vote in any election for any
2. When upon being summoned popular office or to be elected to
for the execution of their such office.
sentence they have failed to 3. The disqualification for the
surrender voluntarily. offices or public employments and
If the detention prisoner does not for the exercise of any of the
agree to abide by the same rights mentioned. In case of
disciplinary rules imposed upon temporary disqualification, such
convicted prisoners, he shall be disqualification as is comprised in
credited in the service of his paragraphs 2 and 3 of this article
sentence with four-fifths of the shall last during the term of the
time during which he has sentence.
undergone preventive 4. The loss of all rights to
imprisonment. retirement pay or other pension
for any office formerly held.
Whenever an accused has
undergone preventive : This is in line with the sentence:
imprisonment for a period equal Public office is a public trust.
to or more than the possible Ex: A public officer committed a crime
maximum imprisonment of the of rape with murder. His final
offense charged to which he may judgment was perpetual or temporary
be sentenced and his case is not absolute disqualification. Do you agree
yet terminated, he shall be with the judgment or not?
released immediately without
prejudice to the continuation of A: Yes, I agree with the judgment.

Public office is a public trust. And if a
public officer commenced such crime,
he is not fit to be trusted and must be
stripped of his duties and obligations
to the public.
In the given case at bar, the public
officer committed rape with murder,
therefore, he cannot be trusted and
must be stripped of his office, duties
and obligations as a public officer, as
public office is a public trust.
Art. 31. Effect of the penalties of
perpetual or temporary special
disqualification. The penalties
of perpetual or temporal special
disqualification for public office,
profession or calling shall produce
the following effects:
1. The deprivation of the office,
employment, profession or calling
affected;
2. The disqualification for holding
similar offices or employments
either perpetually or during the
term of the sentence according to
the extent of such
disqualification.
: People in office who had committed a
crime shall be deprived of their office.
Like in royalty for example, if the king
commits a crime, he is forced to
abdicate and thereby stripped of his
title and office.
Art. 32. Effect of the penalties of
perpetual or temporary special
disqualification for the exercise of
the right of suffrage. The
perpetual or temporary special
disqualification for the exercise of
the right of suffrage shall deprive
the offender perpetually or during
the term of the sentence,
according to the nature of said
penalty, of the right to vote in any
popular election for any public
office or to be elected to such
office. Moreover, the offender
shall not be permitted to hold any
public office during the period of
his disqualification.
: Again with connection to public office
is a public trust, the offender may not
hold any office during his term of
sentence. They will be deprived the
right to vote in any popular election
for any public office.
Art. 33. Effects of the penalties of
suspension from any public office,
profession or calling, or the right
of suffrage. The suspension
from public office, profession or
calling, and the exercise of the
right of suffrage shall disqualify
the offender from holding such
office or exercising such
profession or calling or right of
suffrage during the term of the
sentence.
The person suspended from
holding public office shall not hold
another having similar functions
during the period of his
suspension.
: In connection with the holding of
public office, one may be suspended
from holding public office and shall not
hold another having similar functions
during the period of his suspension.
Art. 34. Civil interdiction. Civil
interdiction shall deprive the
offender during the time of his
sentence of the rights of parental
authority, or guardianship, either
as to the person or property of
any ward, of marital authority, of
the right to manage his property
and of the right to dispose of such
property by any act or any
conveyance inter vivos.
: During the term of sentence, one
who is convicted is stripped of rights
to parental authority, guardianship,
marital authority and right to manage
his property.
Art. 35. Effects of bond to keep the
peace. It shall be the duty of
any person sentenced to give
bond to keep the peace, to
present two sufficient sureties
who shall undertake that such
person will not commit the
offense sought to be prevented,
and that in case such offense be
committed they will pay the
amount determined by the court
in the judgment, or otherwise to
deposit such amount in the office
of the clerk of the court to
guarantee said undertaking.
The court shall determine,
according to its discretion, the
period of duration of the bond.
Should the person sentenced fail
to give the bond as required he
shall be detained for a period
which shall in no case exceed six
months, is he shall have been
prosecuted for a grave or less
grave felony, and shall not exceed
thirty days, if for a light felony.
: In connection to payment of any bail
or bond, as to keep the peace and
sanctity of the place.
Art. 36. Pardon; its effect. A
pardon shall not work the
restoration of the right to hold
public office, or the right of
suffrage, unless such rights be
expressly restored by the terms of
the pardon.
A pardon shall in no case exempt
the culprit from the payment of
the civil indemnity imposed upon
him by the sentence.
: Pardon is differentiated from
amnesty. As pardon excuses the
sentence but not the crime, and
amnesty excuses both the sentence
and the crime.
Art. 37. Cost; What are included.
Costs shall include fees and
indemnities in the course of the
judicial proceedings, whether they
be fixed or unalterable amounts
previously determined by law or
regulations in force, or amounts
not subject to schedule.
: These are the fees included in
paying the bail, or other form of
obligations you have when you are
accused.
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
order:
1. The reparation of the damage
caused.
2. Indemnification of
consequential damages.
3. The fine.
4. The cost of the proceedings.
: When things are to be repaired, or
when things are taken, its either you
pay back the equal amount in which
the victim paid for it or you find a way
to repair it.
Art. 39. Subsidiary penalty. If the
convict has no property with
which to meet the fine mentioned
in the paragraph 3 of the nest
preceding article, he shall be
subject to a subsidiary personal
liability at the rate of one day for
each eight pesos, subject to the
following rules:
1. If the principal penalty imposed
be prision correccional or arresto
and fine, he shall remain under
confinement until his fine referred
to in the preceding paragraph is
satisfied, but his subsidiary
imprisonment shall not exceed
one-third of the term of the
sentence, and in no case shall it
continue for more than one year,
and no fraction or part of a day
shall be counted against the
prisoner.
2. When the principal penalty
imposed be only a fine, the
subsidiary imprisonment shall not
exceed six months, if the culprit
shall have been prosecuted for a
grave or less grave felony, and
shall not exceed fifteen days, if
for a light felony.
3. When the principal imposed is
higher than prision correccional,
no subsidiary imprisonment shall
be imposed upon the culprit.
4. If the principal penalty imposed
is not to be executed by
confinement in a penal institution,
but such penalty is of fixed
duration, the convict, during the
period of time established in the
preceding rules, shall continue to
suffer the same deprivations as
those of which the principal
penalty consists.chan robles
virtual law library
5. The subsidiary personal liability
which the convict may have
suffered by reason of his
insolvency shall not relieve him,
from the fine in case his financial
circumstances should improve.
: This is in case a person convicted
cannot pay for the same, they will
follow the abovementioned guidelines
with regard to payment.
Art. 40. Death; Its accessory
penalties. The death penalty,
when it is not executed by reason
of commutation or pardon shall
carry with it that of perpetual
absolute disqualification and that
of civil interdiction during thirty
years following the date sentence,
unless such accessory penalties
have been expressly remitted in
the pardon.
: This has been abolished, so, at some
point no longer applicable. Although it
is still included in the RPC, it is
respected as a resource.
Art. 41. Reclusion perpetua and
reclusion temporal; Their
accessory penalties. The
penalties of reclusion perpetua
and reclusion temporal shall carry
with them that of civil interdiction
for life or during the period of the
sentence as the case may be, and
that of perpetual absolute
disqualification which the
offender shall suffer even though
pardoned as to the principal
penalty, unless the same shall
have been expressly remitted in
the pardon.
Art. 42. Prision mayor; Its
accessory penalties. The
penalty of prision mayor, shall
carry with it that of temporary
absolute disqualification and that
of perpetual special
disqualification from the right of
suffrage which the offender shall
suffer although pardoned as to
the principal penalty, unless the
same shall have been expressly
remitted in the pardon.
Art. 43. Prision correccional; Its
accessory penalties. The
penalty of prision correccional
shall carry with it that of
suspension from public office,
from the right to follow a
profession or calling, and that of
perpetual special disqualification
from the right of suffrage, if the
duration of said imprisonment
shall exceed eighteen months.
The offender shall suffer the
disqualification provided in the
article although pardoned as to
the principal penalty, unless the
same shall have been expressly
remitted in the pardon.
Art. 44. Arresto; Its accessory
penalties. The penalty of
arresto shall carry with it that of
suspension of the right too hold
office and the right of suffrage
during the term of the sentence.
Art. 45. Confiscation and forfeiture
of the proceeds or instruments of
the crime. Every penalty
imposed for the commission of a
felony shall carry with it the
forfeiture of the proceeds of the
crime and the instruments or
tools with which it was
committed.
Such proceeds and instruments or
tools shall be confiscated and
forfeited in favor of the
Government, unless they be
property of a third person not
liable for the offense, but those
articles which are not subject of
lawful commerce shall be
destroyed.
Art. 46. Penalty to be imposed
upon principals in general. The
penalty prescribed by law for the
commission of a felony shall be
imposed upon the principals in
the commission of such felony.
Whenever the law prescribes a
penalty for a felony is general
terms, it shall be understood as
applicable to the consummated
felony.
: This means, all the crimes have been
on the consummated stage.
Art. 47. In what cases the death
penalty shall not be imposed.
The death penalty shall be
imposed in all cases in which it
must be imposed under existing
laws, except in the following
cases:
1. When the guilty person be
more than seventy years of age.
2. When upon appeal or revision
of the case by the Supreme court,
all the members thereof are not
unanimous in their voting as to
the propriety of the imposition of
the death penalty. For the
imposition of said penalty or for
the confirmation of a judgment of
the inferior court imposing the
death sentence, the Supreme
Court shall render its decision per
curiam, which shall be signed by
all justices of said court, unless
some member or members thereof
shall have been disqualified from
taking part in the consideration of
the case, in which even the
unanimous vote and signature of
only the remaining justices shall
be required.
: Although the Death sentence is no
longer commutable, this is to be
implemented once a person is
convicted.
Art. 48. Penalty for complex
crimes. When a single act
constitutes two or more grave or
less grave felonies, or when an
offense is a necessary means for
committing the other, the penalty
for the most serious crime shall
be imposed, the same to be
applied in its maximum period.
: This is when a single act, becomes a
crime.
Ex: In the intention of keeping the
peace, a police, fires a gun towards a
robber, but since the bullet did a
projectile hitting another bystander
thereby killing two people. Was there a
complex crime committed?
A: Yes, there was.
Complex crime is defined as a single
act that constitutes two or more grave
or less grave felonies.
In the given case at bar, the police in
the intention of keeping the peace,
although he fired the gun at the
robber, the bullet did a projectile
which hits a bystander, thus killing
them both.
Thus, the police committed a complex
crime.
Art. 49. Penalty to be imposed
upon the principals when the
crime committed is different from
that intended. In cases in which
the felony committed is different
from that which the offender
intended to commit, the following
rules shall be observed:
1. If the penalty prescribed for the
felony committed be higher than
that corresponding to the offense
which the accused intended to
commit, the penalty
corresponding to the latter shall
be imposed in its maximum
period.
2. If the penalty prescribed for the
felony committed be lower than
that corresponding to the one
which the accused intended to
commit, the penalty for the
former shall be imposed in its
maximum period.
3. The rule established by the
next preceding paragraph shall
not be applicable if the acts
committed by the guilty person
shall also constitute an attempt or
frustration of another crime, if the
law prescribes a higher penalty
for either of the latter offenses, in
which case the penalty provided
for the attempted or the
frustrated crime shall be imposed
in its maximum period.
: This is to be imposed on the principal
criminal regardless of praeter
intentionem (or the crime committed
is different from what was intended),
the maximum is to be imposed.
Art. 50. Penalty to be imposed
upon principals of a
frustrated crime. The penalty
next lower in degree than that
prescribed by law for the
consummated felony shall be
imposed upon the principal in a
frustrated felony.
: Referring to the graduated scale of
penalties, the penalty to be given in
frustrated crime is the next lower in
degree.
Ex: A crime of frustrated rape is
committed. Rape is usually punishable
with Reclusion perpetua, but in the
case of frustrated rape the next lower
degree punishment will be imposed
which is Reclusion temporal.
Art 51. Penalty to be imposed upon
principals of attempted crimes.
A penalty lower by two degrees
than that prescribed by law for
the consummated felony shall be
imposed upon the principals in an
attempt to commit a felony.
: This punishment say for example is
to be imposed on attempted rape,
then two (2) degrees lower which is
Prision mayor.
Art. 52. Penalty to be imposed
upon accomplices in
consummated crime. The
penalty next lower in degree than
that prescribed by law for the
consummated shall be imposed
upon the accomplices in the
commission of a consummated
felony.
Art. 53. Penalty to be imposed
upon accessories to the
commission of a consummated
felony. The penalty lower by
two degrees than that prescribed
by law for the consummated
felony shall be imposed upon the
accessories to the commission of
a consummated felony.
Art. 54. Penalty to imposed upon
accomplices in a Art. 59. Penalty to be imposed in
frustrated crime. The penalty
next lower in degree than
prescribed by law for the
frustrated felony shall be imposed
upon the accomplices in the
commission of a frustrated felony.
Art. 55. Penalty to be imposed
upon accessories of a produced by reason of the fact
frustrated crime. The penalty
lower by two degrees than that
prescribed by law for the
frustrated felony shall be imposed
upon the accessories to the
commission of a frustrated felony.
Art. 56. Penalty to be imposed
upon accomplices in an attempted
crime. The penalty next lower in
degree than that prescribed by
law for an attempt to commit a
felony shall be imposed upon the
accomplices in an attempt to
commit the felony.
Art. 57. Penalty to be imposed
upon accessories of an attempted
crime. The penalty lower by two
degrees than that prescribed by
law for the attempted felony shall
be imposed upon the accessories
to the attempt to commit a felony.
Art. 58. Additional penalty to be
imposed upon certain
accessories. Those accessories
falling within the terms of
paragraphs 3 of Article 19 of this
Code who should act with abuse
of their public functions, shall
suffer the additional penalty of
absolute perpetual
disqualification if the principal
offender shall be guilty of a grave
felony, and that of absolute
temporary disqualification if he
shall be guilty of a less grave
felony.
case of failure to commit the
crime because the means
employed or the aims sought are
impossible. When the person
intending to commit an offense
has already performed the acts
for the execution of the same but
nevertheless the crime was not
that the act intended was by its
nature one of impossible
accomplishment or because the
means employed by such person
are essentially inadequate to
produce the result desired by him,
the court, having in mind the
social danger and the degree of
criminality shown by the offender,
shall impose upon him the penalty
of arresto mayor or a fine from
200 to 500 pesos.
: This is with connection to impossible
crime, where the crime committed and
its way of commission is so
impossible.
Ex: A brother, on the intent of killing
his brother, bought a poison for his
brothers food. But the pharmacist
gave him cheese flavor powder
instead, which did not kill his brother.
Was an impossible crime committed or
not?
A: Yes, there was an impossible crime
committed.
An impossible crime is a in the respective graduated scale.
commencement of a crime that the
means of committing it is so
impossible that even with the intent of
killing the person did not affect the
person instead.
In the case at bar, the brother with an
intention on killing his brother bought
poison, but instead was given cheese
powder thereby not killing him.
Art. 60. Exception to the rules
established in Articles 50 to 57.
The provisions contained in
Articles 50 to 57, inclusive, of this
Code shall not be applicable to
cases in which the law expressly
prescribes the penalty provided
for a frustrated or attempted
felony, or to be imposed upon
accomplices or accessories.
Art. 61. Rules for graduating
penalties. For the purpose of
graduating the penalties which,
according to the provisions of
Articles 50 to 57, inclusive, of this
Code, are to be imposed upon
persons guilty as principals of any
frustrated or attempted felony, or
as accomplices or accessories, the
following rules shall be observed:
1. When the penalty prescribed
for the felony is single and
indivisible, the penalty next lower
in degrees shall be that
immediately following that
indivisible penalty in the
respective graduated scale
prescribed in Article 71 of this
Code.
2. When the penalty prescribed
for the crime is composed of two
indivisible penalties, or of one or
more divisible penalties to be
impose to their full extent, the
penalty next lower in degree shall
be that immediately following the
lesser of the penalties prescribed
3. When the penalty prescribed
for the crime is composed of one
or two indivisible penalties and
the maximum period of another
divisible penalty, the penalty next
lower in degree shall be
composed of the medium and
minimum periods of the proper
divisible penalty and the
maximum periods of the proper
divisible penalty and the
maximum period of that
immediately following in said
respective graduated scale.
4. when the penalty prescribed for
the crime is composed of several
periods, corresponding to
different divisible penalties, the
penalty next lower in degree shall
be composed of the period
immediately following the
minimum prescribed and of the
two next following, which shall be
taken from the penalty
prescribed, if possible; otherwise
from the penalty immediately
following in the above mentioned
respective graduated scale.
5. When the law prescribes a
penalty for a crime in some
manner not especially provided
for in the four preceding rules,
the courts, proceeding by
analogy, shall impose
corresponding penalties upon
those guilty as principals of the
frustrated felony, or of attempt to
commit the same, and upon
accomplices and accessories.
: This is in connection to the penalties
once the scale has graduated. Either
the years get added or subtracted.
 (a) Upon a third conviction the
Art. 62. Effect of the attendance of culprit shall be sentenced to the
mitigating or aggravating penalty provided by law for the
circumstances and of habitual last crime of which he be found
delinquency. Mitigating or guilty and to the additional
aggravating circumstances and penalty of prision correccional in
habitual delinquency shall be its medium and maximum periods;
taken into account for the (b) Upon a fourth conviction, the
purpose of diminishing or culprit shall be sentenced to the
increasing the penalty in penalty provided for the last
conformity with the following crime of which he be found guilty
rules: and to the additional penalty of
1. Aggravating circumstances prision mayor in its minimum and
which in themselves constitute a medium periods; and
crime specially punishable by law (c) Upon a fifth or additional
or which are included by the law conviction, the culprit shall be
in defining a crime and sentenced to the penalty provided
prescribing the penalty therefor for the last crime of which he be
shall not be taken into account for found guilty and to the additional
the purpose of increasing the penalty of prision mayor in its
penalty. maximum period to reclusion
2. The same rule shall apply with temporal in its minimum period.
respect to any aggravating Notwithstanding the provisions of
circumstance inherent in the this article, the total of the two
crime to such a degree that it penalties to be imposed upon the
must of necessity accompany the offender, in conformity herewith,
commission thereof. shall in no case exceed 30 years.
3. Aggravating or mitigating For the purpose of this article, a
circumstances which arise from person shall be deemed to be
the moral attributes of the habitual delinquent, is within a
offender, or from his private period of ten years from the date
relations with the offended party, of his release or last conviction of
or from any other personal cause, the crimes of serious or less
shall only serve to aggravate or serious physical injuries, robo,
mitigate the liability of the hurto, estafa or falsification, he is
principals, accomplices and found guilty of any of said crimes
accessories as to whom such a third time or oftener.
circumstances are attendant.
4. The circumstances which : This article pertains to when the
consist in the material execution aggravating circumstance is offset by
of the act, or in the means mitigating circumstance and thus the
employed to accomplish it, shall computation is either commuted or
serve to aggravate or mitigate the reduced. This is in the case of serious
liability of those persons only who physical injury, robbery, estafa,
had knowledge of them at the homicide and this is referred to
time of the execution of the act or recidivists or repeat offenders or
their cooperation therein. habitual delinquents.
5. Habitual delinquency shall have
the following effects: Art. 63. Rules for the application of
indivisible penalties. In all
cases in which the law prescribes act, the court shall reasonably
a single indivisible penalty, it shall allow them to offset one another
be applied by the courts in consideration of their number
regardless of any mitigating or and importance, for the purpose
aggravating circumstances that of applying the penalty in
may have attended the accordance with the preceding
commission of the deed. rules, according to the result of
In all cases in which the law such compensation.
prescribes a penalty composed of
two indivisible penalties, the : This is in the case where both are
following rules shall be observed present, then one can offset the other
in the application thereof: by either reducing the number of
1. When in the commission of the years.
deed there is present only one
aggravating circumstance, the Art. 64. Rules for the application of
greater penalty shall be applied. penalties which contain three
periods. In cases in which the
: If the crime committed is in the penalties prescribed by law
aggravating circumstance, the greater contain three periods, whether it
penalty is given, this includes: be a single divisible penalty or
1) Reclusion perpetua composed of three different
2) Reclusion temporal penalties, each one of which
forms a period in accordance with
2. When there are neither the provisions of Articles 76 and
mitigating nor aggravating 77, the court shall observe for the
circumstances and there is no application of the penalty the
aggravating circumstance, the following rules, according to
lesser penalty shall be applied. whether there are or are not
mitigating or aggravating
: If both the mitigating and circumstances:
aggravating are missing in the 1. When there are neither
element of the crime, a lesser penalty aggravating nor mitigating
shall be applied. This pertains to: circumstances, they shall impose
1) Prision mayor the penalty prescribed by law in
2) Arresto mayor its medium period.
3) Arresto menor
: This is in case neither the
3. When the commission of the act aggravating nor mitigating is present,
is attended by some mitigating the medium penalty is given.
circumstances and there is no
aggravating circumstance, the 2. When only a mitigating
lesser penalty shall be applied. circumstances is present in the
commission of the act, they shall
: This is in the presence of a mitigating impose the penalty in its minimum
circumstance but no aggravating, a period.
lesser penalty is to be administered.
: In this case, the minimum period (it
4. When both mitigating and may be arresto menor or bond) that
aggravating circumstances will be given as punishment to the
attended the commission of the accused.

3. When an aggravating
circumstance is present in the
commission of the act, they shall
impose the penalty in its
maximum period.
: Granting in this case that an
aggravating circumstance was present
in the commission of the crime,
maximum is to be implemented:
Reclusion perpetua.
4. When both mitigating and
aggravating circumstances are
present, the court shall
reasonably offset those of one
class against the other according
to their relative weight.
: In the case at bar, one may offset the
other granting that both the mitigating
and aggravating is present in the
commencement of the crime.
5. When there are two or more
mitigating circumstances and no
aggravating circumstances are
present, the court shall impose
the penalty next lower to that
prescribed by law, in the period
that it may deem applicable,
according to the number and
nature of such circumstances.
: In the case where there two or more
mitigating circumstances but no
aggravating present, the court shall
impose a lower penalty than that
prescribed by law.
6. Whatever may be the number
and nature of the aggravating
circumstances, the courts shall
not impose a greater penalty than
that prescribed by law, in its
maximum period.
: Death may not be imposed
regardless of how aggravating the
circumstances are.
7. Within the limits of each
period, the court shall determine
the extent of the penalty
according to the number and
nature of the aggravating and
mitigating circumstances and the
greater and lesser extent of the
evil produced by the crime.
: This is in favor of the gravity of the
crime commenced by the offender.
Art. 65. Rule in cases in which the
penalty is not composed of three
periods. In cases in which the
penalty prescribed by law is not
composed of three periods, the
courts shall apply the rules
contained in the foregoing
articles, dividing into three equal
portions of time included in the
penalty prescribed, and forming
one period of each of the three
portions.
: Instead of doing three (3) separate
periods of penalty, it will be done
consecutively at the same time.
Art. 66. Imposition of fines. In
imposing fines the courts may fix
any amount within the limits
established by law; in fixing the
amount in each case attention
shall be given, not only to the
mitigating and aggravating
circumstances, but more
particularly to the wealth or
means of the culprit.
: Fines that could be accommodated
by the wealth or means of the culprit
are to be adjusted in case he/she may
not be able to pay. This is to be
determined by the courts.
Art. 67. Penalty to be imposed
when not all the requisites of
exemption of the fourth
circumstance of Article 12 are
present. When all the conditions
required in circumstances Number
4 of Article 12 of this Code to
exempt from criminal liability are
not present, the penalty of
arresto mayor in its maximum
period to prision correccional in
its minimum period shall be
imposed upon the culprit if he
shall have been guilty of a grave
felony, and arresto mayor in its
minimum and medium periods, if
of a less grave felony.
: This is to be given on the case of any
person who, while performing a lawful
act with due care, causes an injury by
mere accident without fault or
intention of causing it, as provided by
the Penal Code, under paragraph 4 of
Art. 12, then the maximum period of
arresto mayor to the minimum period
of prision correccional is to be
imposed.
Art. 68. Penalty to be imposed
upon a person under eighteen
years of age. When the offender
is a minor under eighteen years
and his case is one coming under
the provisions of the paragraphs
next to the last of Article 80 of
this Code, the following rules shall
be observed:
1. Upon a person under fifteen but
over nine years of age, who is not
exempted from liability by reason
of the court having declared that
he acted with discernment, a
discretionary penalty shall be
imposed, but always lower by two
degrees at least than that
prescribed by law for the crime
which he committed.
2. Upon a person over fifteen and
under eighteen years of age the
penalty next lower than that
prescribed by law shall be
imposed, but always in the proper
period.
: This is in connection to offenders who
are minors, but upon reaching 18 may
be tried as an adult.
Art. 69. Penalty to be imposed
when the crime committed is not
wholly excusable. A penalty
lower by one or two degrees than
that prescribed by law shall be
imposed if the deed is not wholly
excusable by reason of the lack of
some of the conditions required to
justify the same or to exempt
from criminal liability in the
several cases mentioned in Article
11 and 12, provided that the
majority of such conditions be
present. The courts shall impose
the penalty in the period which
may be deemed proper, in view of
the number and nature of the
conditions of exemption present
or lacking.
: With connection to Justifying
Circumstances and Circumstances
which exempt from criminal liability,
the penalty is either one or two degree
lower, and may be imposed only in the
number and nature of the conditions
of exemption present or lacking.
Art. 70. Successive service of
sentence. When the culprit has
to serve two or more penalties, he
shall serve them simultaneously if
the nature of the penalties will so
permit otherwise, the following
rules shall be observed:
In the imposition of the penalties,
the order of their respective
severity shall be followed so that
they may be executed
successively or as nearly as may
be possible, should a pardon have
been granted as to the penalty or
penalties first imposed, or should
they have been served out.
For the purpose of applying the
provisions of the next preceding
paragraph the respective severity
of the penalties shall be
determined in accordance with
the following scale:
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,chan robles
virtual law library
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
9. Perpetual absolute
disqualification,
10 Temporal absolute
disqualification.
11. Suspension from public office,
the right to vote and be voted for,
the right to follow a profession or
calling, and
12. Public censure.
Notwithstanding the provisions of
the rule next preceding, the
maximum duration of the
convict's sentence shall not be
more than three-fold the length of
time corresponding to the most
severe of the penalties imposed
upon him. No other penalty to
which he may be liable shall be
inflicted after the sum total of
those imposed equals the same
maximum period.
Such maximum period shall in no
case exceed forty years.
In applying the provisions of this
rule the duration of perpetual
penalties (pena perpetua) shall be
computed at thirty years.
: The best rule for this article is the
three-fold rule, where instead of
serving three sentences at different
periods, they all get served at the
same period at the maximum period
possible.
Ex: A man committing robbery, with
kidnapping and murder has been
sentenced to Reclusion perpetua for
each crime he has committed. If you
were the judge presiding over the
case, how would you decide over how
he should serve his sentence?
A: Following the three-fold rule though
he has committed three distinct
crimes of different titles, the man
should be serving the maximum
sentence of Reclusion perpetua or 20
years and 1 day to 40 years. Instead
of adding all three which are
punishable with Reclusion perpetua
which equals 120 years, it will be
reduced to 40 years instead.
Art. 71. Graduated scales. In the
case in which the law prescribed a
penalty lower or higher by one or
more degrees than another given
penalty, the rules prescribed in
Article 61 shall be observed in
graduating such penalty.
The lower or higher penalty shall
be taken from the graduated scale
in which is comprised the given
penalty.
The courts, in applying such lower
or higher penalty, shall observe
the following graduated scales:
SCALE NO. 1
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure,
10. Fine.
SCALE NO. 2
1. Perpetual absolute
disqualification,
2. Temporal absolute
disqualification
3. Suspension from public office,
the right to vote and be
voted for, the right to follow a
profession or calling,
4. Public censure,
5. Fine.
: The abovementioned scales of
penalty shall be followed when
imposing the punishment on the
accused.
Art. 72. Preference in the payment
of the civil liabilities. The civil
liabilities of a person found guilty
of two or more offenses shall be
satisfied by following the
chronological order of the dates
of the judgments rendered
against him, beginning with the
first in order of time.
: This refers to the payment and civil
liability of an individual as to when he
or she should pay for such liability
beginning with the first.
Art. 73. Presumption in regard to
the imposition of accessory
penalties. Whenever the courts
shall impose a penalty which, by
provision of law, carries with it
other penalties, according to the
provisions of Articles 40, 41, 42,
43 and 44 of this Code, it must be
understood that the accessory
penalties are also imposed upon
the convict.
: The provisions of Art. 40, 41, 42, 43
and 44 shall also be imposed on the
convict who has been accessory to the
crime.
Art. 74. Penalty higher than
reclusion perpetua in certain
cases. In cases in which the law
prescribes a penalty higher than
another given penalty, without
specially designating the name of
the former, if such higher penalty
should be that of death, the same
penalty and the accessory
penalties of Article 40, shall be
considered as the next higher
penalty.
: Since the Death penalty has been
abolished, the next higher penalty
next to Reclusion perpetua, which in
this case may be life imprisonment
(although we do not say so), is next
the next possible punishment or the
application of the three-fold rule.
Art. 75. Increasing or reducing the
penalty of fine by one or more
degrees. Whenever it may be
necessary to increase or reduce
the penalty of fine by one or more
degrees, it shall be increased or
reduced, respectively, for each
degree, by one-fourth of the
maximum amount prescribed by
law, without however, changing
the minimum.
The same rules shall be observed
with regard of fines that do not
consist of a fixed amount, but are
made proportional.
: Depending on the degree of the
crime, is the basis of how the fine
must be paid.
Art. 76. Legal period of duration of
divisible penalties. The legal
period of duration of divisible
penalties shall be considered as
divided into three parts, forming
three periods, the minimum, the
medium, and the maximum in the
manner shown in the following
table:
Penalt RT P PC AM A
ies M, , m
A S,
 D, D . .
SD
Entire 12 6 6 1 1- RTReclusion Temporal PCPrision
ty yrs yrs mo mon 30 Correccional
& & s. th & da PM Prision Mayor S
1 1 & 1 ys -Suspension
da da 1 day AD Absolute Disqualification D -
y y da 6 Destierro
20 12 y mos SD Special Disqualification AM
yrs yrs 6 . Arresto Mayor
. yrs Am Arresto Menor
Minim 12 6 6 1-2 1-
um yrs yrs mo mos 10 Art. 77. When the penalty is a
& & s. . da complex one composed of three
1 1 & ys distinct penalties. In cases in
da da 1 which the law prescribes a
y y da penalty composed of three
14 8 y distinct penalties, each one shall
yrs yrs 2 form a period; the lightest of
& yrs them shall be the minimum the
8 & next the medium, and the most
mo 4 severe the maximum period.
s. mo Whenever the penalty prescribed
s. does not have one of the forms
Mediu 14 8 2 2 11 specially provided for in this
m yrs yrs yrs mos - Code, the periods shall be
& & , 4 .&1 20 distributed, applying by analogy
8 1 mo day da the prescribed rules.
mo da s. 4 ys
s. y & mos : If the crime prescribes three (3)
17 10 1 . distinct penalties, each will form one
yrs yrs da period: minimum, medium and
, 4 y maximum. From the lightest to the
mo 4 most severe punishment to be
s. yrs imposed on the accused.
&
2 Art. 78. When and how a penalty is
mo to be executed. No penalty
s. shall be executed except by virtue
Maxim 17 10 4 4 21 of a final judgment.
um yrs yrs yrs mos - A penalty shall not be executed in
, 4 & , 2 .&1 30 any other form than that
mo 1 mo day da prescribed by law, nor with any
s. da s. 6 ys other circumstances or incidents
& y & mos than those expressly authorized
1 12 1 . thereby.
da yrs da In addition to the provisions of
y y the law, the special regulations
20 6 prescribed for the government of
yrs yrs the institutions in which the
penalties are to be suffered shall imbecile, his sentence will be
be observed with regard to the commuted, and should his sanity
character of the work to be regain, will his sentence resume. Only
performed, the time of its in these special cases will the
performance, and other incidents sentence be commuted.
connected therewith, the
relations of the convicts among Art. 80. Suspension of sentence of
themselves and other persons, minor delinquents. Whenever a
the relief which they may receive, minor of either sex, under sixteen
and their diet. years of age at the date of the
The regulations shall make commission of a grave or less
provision for the separation of the grave felony, is accused thereof,
sexes in different institutions, or the court, after hearing the
at least into different evidence in the proper
departments and also for the proceedings, instead of
correction and reform of the pronouncing judgment of
convicts. conviction, shall suspend all
further proceedings and shall
: The penalty is to be imposed once commit such minor to the custody
final judgment has been served to the or care of a public or private,
accused. benevolent or charitable
institution, established under the
Art. 79. Suspension of the law of the care, correction or
execution and service of the education of orphaned, homeless,
penalties in case of insanity. defective, and delinquent
When a convict shall become children, or to the custody or care
insane or an imbecile after final of any other responsible person in
sentence has been pronounced, any other place subject to
the execution of said sentence visitation and supervision by the
shall be suspended only with Director of Public Welfare or any
regard to the personal penalty, of his agents or representatives,
the provisions of the second if there be any, or otherwise by
paragraph of circumstance the superintendent of public
number 1 of Article 12 being schools or his representatives,
observed in the corresponding subject to such conditions as are
cases. prescribed herein below until such
If at any time the convict shall minor shall have reached his
recover his reason, his sentence majority age or for such less
shall be executed, unless the period as the court may deem
penalty shall have prescribed in proper.
accordance with the provisions of The court, in committing said
this Code. minor as provided above, shall
The respective provisions of this take into consideration the
section shall also be observed if religion of such minor, his parents
the insanity or imbecility occurs or next of kin, in order to avoid
while the convict is serving his his commitment to any private
sentence. institution not under the control
and supervision of the religious
: If during the entirety of the sentence, sect or denomination to which
an accused becomes insane or an they belong.
The Director of Public Welfare or
his duly authorized
representatives or agents, the
superintendent of public schools
or his representatives, or the
person to whose custody or care
the minor has been committed,
shall submit to the court every
four months and as often as
required in special cases, a
written report on the good or bad
conduct of said minor and the
moral and intellectual progress
made by him.
The suspension of the
proceedings against a minor may
be extended or shortened by the
court on the recommendation of
the Director of Public Welfare or
his authorized representative or
agents, or the superintendent of
public schools or his
representatives, according as to
whether the conduct of such
minor has been good or not and
whether he has complied with the
conditions imposed upon him, or
not. The provisions of the first
paragraph of this article shall not,
however, be affected by those
contained herein.
If the minor has been committed
to the custody or care of any of
the institutions mentioned in the
first paragraph of this article, with
the approval of the Director of
Public Welfare and subject to such
conditions as this official in
accordance with law may deem
proper to impose, such minor may
be allowed to stay elsewhere
under the care of a responsible
person.
If the minor has behaved properly
and has complied with the
conditions imposed upon him
during his confinement, in
accordance with the provisions of
this article, he shall be returned
to the court in order that the
same may order his final release.
In case the minor fails to behave
properly or to comply with the
regulations of the institution to
which he has been committed or
with the conditions imposed upon
him when he was committed to
the care of a responsible person,
or in case he should be found
incorrigible or his continued stay
in such institution should be
inadvisable, he shall be returned
to the court in order that the
same may render the judgment
corresponding to the crime
committed by him.
The expenses for the maintenance
of a minor delinquent confined in
the institution to which he has
been committed, shall be borne
totally or partially by his parents
or relatives or those persons
liable to support him, if they are
able to do so, in the discretion of
the court; Provided, That in case
his parents or relatives or those
persons liable to support him
have not been ordered to pay said
expenses or are found indigent
and cannot pay said expenses, the
municipality in which the offense
was committed shall pay one-third
of said expenses; the province to
which the municipality belongs
shall pay one-third; and the
remaining one-third shall be
borne by the National
Government: Provided, however,
That whenever the Secretary of
Finance certifies that a
municipality is not able to pay its
share in the expenses above
mentioned, such share which is
not paid by said municipality shall
be borne by the National
Government. Chartered cities
shall pay two-thirds of said
expenses; and in case a chartered
city cannot pay said expenses, the
internal revenue allotments which
may be due to said city shall be
withheld and applied in
settlement of said indebtedness
in accordance with section five
hundred and eighty-eight of the
Administrative Code.
: This article is connected with children
in conflict with the law who has been
deemed as a convict although
minority in age. The abovementioned
article will prevail in cases such as
these.
Art. 81-85
: These articles pertain to the Death
sentences, where the burial of the
corpse should take place, or if in case
the person to be executed is a female
(who in this case may be pregnant),
and where the execution will take
place.
Art. 86. Reclusion perpetua,
reclusion temporal, prision mayor,
prision correccional and arresto
mayor. The penalties of
reclusion perpetua, reclusion
temporal, prision mayor, prision
correccional and arresto mayor,
shall be executed and served in
the places and penal
establishments provided by the
Administrative Code in force or
which may be provided by law in
the future.
: This article provides where the
convicts serving the 1st scale of
penalties are serving out there
sentences.
Art. 87. Destierro. Any person
sentenced to destierro shall not
be permitted to enter the place or
places designated in the
sentence, nor within the radius
therein specified, which shall be
not more than 250 and not less
than 25 kilometers from the place
designated.
: This article refers to the accused
until where is his jurisdiction if he
aggravated someone.
Art. 88. Arresto menor. The
penalty of arresto menor shall be
served in the municipal jail, or in
the house of the defendant
himself under the surveillance of
an officer of the law, when the
court so provides in its decision,
taking into consideration the
health of the offender and other
reasons which may seem
satisfactory to it.
: This article refers to where the
accused will serve out his sentence
should he be imposed upon the
penalty of arresto menor.
Art. 89. How criminal liability is
totally extinguished. Criminal
liability is totally extinguished:
1. By the death of the convict, as
to the personal penalties and as
to pecuniary penalties, liability
therefor is extinguished only
when the death of the offender
occurs before final judgment.
: This refers to, when the during the
service of the sentence, the convict
dies, the sentence dies with him.
2. By service of the sentence;
: Upon finishing the service of the
sentence, this is when the criminal
liability gets extinguished.
3. By amnesty, which completely
extinguishes the penalty and all
its effects;
: Amnesty defined: the crime and the
sentence is totally extinguished
4. By absolute pardon;
: Pardon defined: it excuses the commence to run from the day on
sentence, but not the liability, but in which the crime is discovered by
the case of absolute pardon, the offended party, the
everything is extinguished. authorities, or their agents, and
shall be interrupted by the filing
5. By prescription of the crime; of the complaint or information,
6. By prescription of the penalty; and shall commence to run again
7. By the marriage of the offended when such proceedings terminate
woman, as provided in Article 344 without the accused being
of this Code. convicted or acquitted, or are
: In the case of rape, should the rape unjustifiably stopped for any
victim marry the rapist, the liability of reason not imputable to him.
the rapist will be extinguished. The term of prescription shall not
run when the offender is absent
Art. 90. Prescription of crime. from the Philippine Archipelago.
Crimes punishable by death,
reclusion perpetua or reclusion : This article refers to the day when
temporal shall prescribe in twenty the crime has been discovered by the
years. authorities and should the convict flee
Crimes punishable by other to another country, his term of
afflictive penalties shall prescribe sentence will be interrupted and would
in fifteen years. resume should he come back to the
Those punishable by a Philippines.
correctional penalty shall Art. 92. When and how penalties
prescribe in ten years; with the prescribe. The penalties
exception of those punishable by imposed by final sentence
arresto mayor, which shall prescribe as follows:
prescribe in five years. 1. Death and reclusion perpetua,
The crime of libel or other similar in twenty years;
offenses shall prescribe in one 2. Other afflictive penalties, in
year. fifteen years;
The crime of oral defamation and 3. Correctional penalties, in ten
slander by deed shall prescribe in years; with the exception of the
six months. penalty of arresto mayor, which
Light offenses prescribe in two prescribes in five years;
months. 4. Light penalties, in one year.
When the penalty fixed by law is a
compound one, the highest Art. 93. Computation of the
penalty shall be made the basis of prescription of penalties. The
the application of the rules period of prescription of penalties
contained in the first, second and shall commence to run from the
third paragraphs of this article. date when the culprit should
evade the service of his sentence,
: This refers to the crime committed and it shall be interrupted if the
and what are the years to be served defendant should give himself up,
out. be captured, should go to some
foreign country with which this
Art. 91. Computation of Government has no extradition
prescription of offenses. The treaty, or should commit another
period of prescription shall
crime before the expiration of the 1. During the first two years of his
period of prescription. imprisonment, he shall be allowed
a deduction of five days for each
Art. 94. Partial Extinction of month of good behavior;
criminal liability. Criminal 2. During the third to the fifth
liability is extinguished partially: year, inclusive, of his
1. By conditional pardon; imprisonment, he shall be allowed
2. By commutation of the a deduction of eight days for each
sentence; and month of good behavior;
3. For good conduct allowances 3. During the following years until
which the culprit may earn while the tenth year, inclusive, of his
he is serving his sentence. imprisonment, he shall be allowed
a deduction of ten days for each
: This occurs when the person serving month of good behavior; and
the sentence has been pardoned, his 4. During the eleventh and
sentence has been cut or commuted successive years of his
and he has done good conduct. imprisonment, he shall be allowed
a deduction of fifteen days for
Art. 95. Obligation incurred by each month of good behavior.
person granted conditional
pardon. Any person who has : This goes to show, that for every
been granted conditional pardon good behavior a convict has shown
shall incur the obligation of inside the prison cell, the days in the
complying strictly with the term of sentence shall be reduced.
conditions imposed therein
otherwise, his non-compliance Art. 98. Special time allowance for
with any of the conditions loyalty. A deduction of one-fifth
specified shall result in the of the period of his sentence shall
revocation of the pardon and the be granted to any prisoner who,
provisions of Article 159 shall be having evaded the service of his
applied to him. sentence under the circumstances
mentioned in Article 58 of this
: Those who have been pardoned have Code, gives himself up to the
to follow rules so as not to be authorities within 48 hours
convicted again. following the issuance of a
proclamation announcing the
Art. 96. Effect of commutation of passing away of the calamity or
sentence. The commutation of catastrophe to in said article.
the original sentence for another
of a different length and nature : This occurs when a convict gives
shall have the legal effect of himself up after forty-eight (48) hours.
substituting the latter in the place His sentence gets commuted and
of the former. 1/5th of the sentence is removed.

Art. 97. Allowance for good Art. 99. Who grants time
conduct. The good conduct of allowances. Whenever lawfully
any prisoner in any penal justified, the Director of Prisons
institution shall entitle him to the shall grant allowances for good
following deductions from the conduct. Such allowances once
period of his sentence: granted shall not be revoked.

: It is the Director of Prisons who
grants the allowance for every good
conduct.
Art. 100. Civil liability of a person
guilty of felony. Every person
criminally liable for a felony is
also civilly liable.
: It is true for those who has a criminal
liability has a civil liability (against
persons, thing or moral as dictated by
Art. 19, 20 and 21 of the Civil Code).
Art. 101. Rules regarding civil
liability in certain cases. The
exemption from criminal liability
established in subdivisions 1, 2, 3,
5 and 6 of Article 12 and in
subdivision 4 of Article 11 of this
Code does not include exemption
from civil liability, which shall be
enforced subject to the following
rules:
First. In cases of subdivisions 1, 2,
and 3 of Article 12, the civil
liability for acts committed by an
imbecile or insane person, and by
a person under nine years of age,
or by one over nine but under
fifteen years of age, who has
acted without discernment, shall
devolve upon those having such
person under their legal authority
or control, unless it appears that
there was no fault or negligence
on their part.
Should there be no person having
such insane, imbecile or minor
under his authority, legal
guardianship or control, or if such
person be insolvent, said insane,
imbecile, or minor shall respond
with their own property,
excepting property exempt from
execution, in accordance with the
civil law.
Second. In cases falling within
subdivision 4 of Article 11, the
persons for whose benefit the
harm has been prevented shall be
civilly liable in proportion to the
benefit which they may have
received.
The courts shall determine, in
sound discretion, the
proportionate amount for which
each one shall be liable.
When the respective shares
cannot be equitably determined,
even approximately, or when the
liability also attaches to the
Government, or to the majority of
the inhabitants of the town, and,
in all events, whenever the
damages have been caused with
the consent of the authorities or
their agents, indemnification shall
be made in the manner prescribed
by special laws or regulations.
Third. In cases falling within
subdivisions 5 and 6 of Article 12,
the persons using violence or
causing the fears shall be
primarily liable and secondarily,
or, if there be no such persons,
those doing the act shall be liable,
saving always to the latter that
part of their property exempt
from execution.
: Still this is in connection to Arts. 19-
21 of the Civil Code of the Philippines.
Art. 102. Subsidiary civil liability of
innkeepers, tavernkeepers and
proprietors of establishments.
In default of the persons
criminally liable, innkeepers,
tavernkeepers, and any other
persons or corporations shall be
civilly liable for crimes committed
in their establishments, in all
cases where a violation of
municipal ordinances or some
general or special police
regulation shall have been
committed by them or their
employees.
Innkeepers are also subsidiarily
liable for the restitution of goods
taken by robbery or theft within
their houses from guests lodging
therein, or for the payment of the
value thereof, provided that such
guests shall have notified in
advance the innkeeper himself, or
the person representing him, of
the deposit of such goods within
the inn; and shall furthermore
have followed the directions
which such innkeeper or his
representative may have given
them with respect to the care and
vigilance over such goods. No
liability shall attach in case of
robbery with violence against or
intimidation of persons unless
committed by the innkeeper's
employees.
: In business establishments, the
manager or owner is liable civilly if
anything went missing or was stolen.
Same goes with the staff of the
manager, if they committed a crime,
the manager is held liable for their
crimes.
Art. 103. Subsidiary civil liability of
other persons. The subsidiary
liability established in the next
preceding article shall also apply
to employers, teachers, persons,
and corporations engaged in any
kind of industry for felonies
committed by their servants,
pupils, workmen, apprentices, or
employees in the discharge of
their duties.
: It is also applicable to employers,
teachers, persons and discharges.
Art. 104. What is included in civil
liability. The civil liability
established in Articles 100, 101,
102, and 103 of this Code
includes:
1. Restitution;
2. Reparation of the damage
caused;
3. Indemnification for
consequential damages.
Art. 105. Restitution; How made.
The restitution of the thing itself
must be made whenever possible,
with allowance for any
deterioration, or diminution of
value as determined by the court.
The thing itself shall be restored,
even though it be found in the
possession of a third person who
has acquired it by lawful means,
saving to the latter his action
against the proper person, who
may be liable to him.
This provision is not applicable in
cases in which the thing has been
acquired by the third person in
the manner and under the
requirements which, by law, bar
an action for its recovery.
: The return of the value of such stolen
object. Or if it has sentimental value,
you must return the same or higher
value.
Ex: A man who in exchange for
transportation took a pin of
inestimable value from a woman and
her family. And because of that they
were killed in the gas chambers.
Should the next of kin have a right on
the pin?
A: Yes, the next of kin has a right.
If in any way, an object of value taken
by force from a person should be
returned to the next of kin, should the
person pass on to the next life.
In the case at bar, a pin of inestimable
value was taken from a woman and his
family, in exchange they had to die in
the gas chambers, her next of kin is
claiming for the pin, and since she has
passed away, the next of kin has a
right to the pin.
Art. 106. Reparation; How made.
The court shall determine the
amount of damage, taking into
consideration the price of the
thing, whenever possible, and its
special sentimental value to the
injured party, and reparation shall
be made accordingly.
: When the object taken is damaged,
one must have it repaired to its
original value.
Art. 107. Indemnification; What is
included. Indemnification for
consequential damages shall
include not only those caused the
injured party, but also those
suffered by his family or by a third
person by reason of the crime.
: This includes paying to the family of
the person whom the damage has
been brought it upon.
Art. 108. Obligation to make
restoration, reparation for
damages, or indemnification for
consequential damages and
actions to demand the same;
Upon whom it devolves. The
obligation to make restoration or
reparation for damages and
indemnification for consequential
damages devolves upon the heirs
of the person liable.
The action to demand restoration,
reparation, and indemnification
likewise descends to the heirs of
the person injured.
: This is to the heirs of the person to
whom the damage has been brought
upon, all obligations of repair,
indemnification and restoration.
Art. 109. Share of each person
civilly liable. If there are two or
more persons civilly liable for a
felony, the courts shall determine
the amount for which each must
respond.
: Each person who is civilly liable must
pay an amount as determined by the
courts.
Art. 110. Several and subsidiary
liability of principals, accomplices
and accessories of a felony;
Preference in payment.
Notwithstanding the provisions of
the next preceding article, the
principals, accomplices, and
accessories, each within their
respective class, shall be liable
severally (in solidum) among
themselves for their quotas, and
subsidiaries for those of the other
persons liable.
The subsidiary liability shall be
enforced, first against the
property of the principals; next,
against that of the accomplices,
and, lastly, against that of the
accessories.
Whenever the liability in solidum
or the subsidiary liability has been
enforced, the person by whom
payment has been made shall
have a right of action against the
others for the amount of their
respective shares.
Art. 111. Obligation to make
restitution in certain cases. Any
person who has participated
gratuitously in the proceeds of a
felony shall be bound to make
restitution in an amount
equivalent to the extent of such
participation.
: For accomplices who took part in a
commission of the crime is liable as
 well and must pay that which is the Revised Penal Code or a special
payable. Law. It is not limited to violations of
the Revised Penal Code.
Art. 112. Extinction of civil
liability. Civil liability The purpose of the Indeterminate
established in Articles 100, 101, Sentence law is to avoid prolonged
102, and 103 of this Code shall be imprisonment, because it is proven to
extinguished in the same manner be more destructive than constructive
as obligations, in accordance with to the offender. So, the purpose of the
the provisions of the Civil Law. Indeterminate Sentence Law in
shortening the possible detention of
: Civil liability is extinguished the convict in jail is to save valuable
according with the provisions of the human resources.
Civil Law.
In determining the applicable penalty
Art. 113. Obligation to satisfy civil according to the Indeterminate
liability. Except in case of Sentence Law, there is no need to
extinction of his civil liability as mention the number of years, months
provided in the next preceding and days; it is enough that the name
article the offender shall continue of the penalty is mentioned while the
to be obliged to satisfy the civil Indeterminate Sentence Law is
liability resulting from the crime applied.
committed by him,
notwithstanding the fact that he Crimes punished under special law
has served his sentence carry only one penalty; there are no
consisting of deprivation of liberty degree or periods. Moreover, crimes
or other rights, or has not been under special law do not consider
required to serve the same by mitigating or aggravating
reason of amnesty, pardon, circumstance present in the
commutation of sentence or any commission of the crime.
other reason.
Disqualification may be divided into
: If the persons civil liability is not yet three, according to
extinguished then his obligation to pay
for such liability goes on until it has (1) The time committed;
been satisfied. (2) The penalty imposed; and
(3) The offender involved.
Act no. 4013 Indeterminate
Sentence Law (ISLAW)
The Indeterminate Sentence Law shall
Three (3) things to know about the not apply to:
Indeterminate Sentence Law:
(1) Persons convicted of offense
1) Its purpose; punishable with death penalty or life
2) Instances when it does not apply; imprisonment;
and (2) Persons convicted of treason,
3) How it operates conspiracy or proposal to commit
treason;
Indeterminate Sentence Law governs
whether the crime is punishable under
(3) Persons convicted of misprision
of treason, rebellion, sedition,
espionage;
(4) Persons convicted of piracy;
(5) Persons who are habitual
delinquents;
(6) Persons who shall have escaped
from confinement or evaded sentence;
(7) Those who have been granted
conditional pardon by the Chief
Executive and hall have violated the
term thereto;
(8) Those whose maximum term of
imprisonment does not exceed one
year, but not to those already
sentenced by final judgment at the
time of the approval of Indeterminate
Sentence Law.
Presidential Decree No. 968
(Probation Law)
Probation is a manner of disposing of
an accused who have been convicted
by a trial court by placing him under
supervision of a probation officer,
under such terms and conditions that
the court may fix. This may be availed
of before the convict begins serving
sentence by final judgment and
provided that he did not appeal
anymore from conviction.
Without regard to the nature of the
crime, only those whose penalty does
not exceed six years of imprisonment
are those qualified for probation. If
the penalty is six years plus one day,
he is no longer qualified for probation.
If the offender was convicted of
several offenses which were tried
jointly and one decision was rendered
where multiple sentences imposed
several prison terms as penalty, the
basis for determining whether the
penalty disqualifies the offender from
probation or not is the term of the
individual imprisonment and not the
totality of all the prison terms imposed
in the decision. So even if the prison
term would sum up to more than six
years, if none of the individual
penalties exceeds six years, the
offender is not disqualified by such
penalty from applying for probation.
Ex: May a recidivist be given the
benefit of Probation Law?
A: As a general rule, no.
Exception: If the earlier conviction
refers to a crime the penalty of which
does not exceed 30 days
imprisonment or a fine of not more
than P200.00, such convict is not
disqualified of the benefit of
probation. So even if he would be
convicted subsequently of a crime
embraced in the same title of the
Revised Penal Code as that of the
earlier conviction, he is not
disqualified from probation provided
that the penalty of the current crime
committed does not go beyond six
years and the nature of the crime
committed by him is not against public
order, national security or subversion.
Although a person may be eligible for
probation, the moment he perfects an
appeal from the judgment of
conviction, he cannot avail of
probation anymore. So the benefit of
probation must be invoked at the
earliest instance after conviction. He
should not wait up to the time when
he interposes an appeal or the
sentence has become final and
executory. The idea is that probation
has to be invoked at the earliest
opportunity.
Probation shall be denied if the
court finds:
(1) That the offender is in need of
correctional treatment that can be
provided most effectively by his
commitment to an institution;
(2) That there is undue risk that
during the period of probation the
offender will commit another crime; or
(3) Probation will depreciate the
seriousness of the crime.
The probation law imposes two
kinds of conditions:
(1) Mandatory conditions; and
(2) Discretionary conditions.
Mandatory conditions:
(1) The convict must report to the
Probation Officer (PO) designated in
the court order approving his
application for Probation within 72
hours from receipt of Notice of such
order approving his application; and
(2) The convict, as a probationer,
must report to the PO at least once a
month during the period of probation
unless sooner required by the PO.
These conditions being mandatory,
the moment any of these is violate,
the probation is cancelled.
Discretionary conditions:
The trial court which approved the
application for probation may impose
any condition which may be
constructive to the correction of the
offender, provided the same would not
violate the constitutional rights of the
offender and subject to this two
restrictions: (1) the conditions
imposed should not be unduly
restrictive of the probationer; and (2)
such condition should not be
incompatible with the freedom of
conscience of the probationer.