I. FUNDAMENTAL PRINCIPLES OF 1.

The Revised Penal Code (Act

CRIMINAL LAW No. 3815) and its
amendments
The first section is a review on 2. Special penal laws passed by
certain definitions, principles and the Philippine Commission,
concepts underlying Criminal Law as Philippine
a branch of study. Assembly, Philippine
Legislature, National
There are FOUR MAJOR LESSONS in Assembly, the Congress of the
this section: Philippines, and the Batasang
Pambansa.
A. DEFINITION AND PURPOSE OF 3. Penal Presidential Decrees
CRIMINAL LAW issued during Martial Law.
B. RATIONALE BEHIND
STATE
AUTHORITY TO PUNISH CRIME IMPORTANT POINTS TO
C. REVIEWING BASIC PRINCIPLES
REMEMBER: The states
D. MEMORIZING RELEVANT authority is grounded on what is
LATIN MAXIMS called the penological objectives.
However, such power is also
subject to certain limitations.
A. DEFINITION
Criminal law is that branch or
division of municipal law which

defines crimes, treats of

their nature and provides
for their punishment.
It is that branch of public
substantive law which defines
offenses and prescribes their
penalties.
It is substantive because it
defines the states right to
inflict punishment and the
liability of the offenders.
It is public law because it deals
with the relation of the
individual with the state.
B. STATE AUTHORITY TO PUNISH
CRIME
1987 Constitution Article II, Section 5
Declaration of Principles and State
Policies. The maintenance of peace
and order, the protection of life,
liberty and property, and the
promotion of the general welfare are
essential for the enjoyment by all the
people of the blessings of democracy.
SOURCES OF CRIMINAL LAW
1. PENOLOGICAL OBJECTIVES
a. Utilitarian theory or
protective theory
The primary purpose: Protection
of society from actual or potential
wrongdoers
b. Classical or juristic philosophy
Best remembered by the maxim
An eye for an eye, a tooth for a
tooth. [Note: If you want to
impress the examiner, use the latin
version- Oculo pro oculo, dente pro
dente.] The primary purpose:
Retribution.
c. Positivist or realistic philosophy
The primary purpose:
Reformation.
There is great respect for the
human element because the
offender is regarded as socially
sick who needs treatment, not
punishment.
d. Eclectic or mixed philosophy

Page 1 of 103
 This combines both positivist and Generality has no reference to
classical thinking. Crimes that are territory.
economic and social by nature It refers to persons that may be
should be dealt with in a positivist governed by the penal law
manner; thus, the law is more
compassionate. Heinous crimes However, it is subject to certain
should be dealt with in a classical exceptions
manner; thus, capital punishment.
The Revised Penal Code today Art. 2, RPC, Except as
follows the mixed or eclectic provided in the treatise or laws
philosophy. of preferential application
For example: Art. 14, Civil Code, subject
intoxication of the offender is to the principles of public
considered to mitigate his international law and to treaty
criminal liability, unless it is stipulations.
intentional or habitual; o An example of a treaty or
the age of the offender is treat stipulation is the
considered; Bases Agreement entered
the woman who killed her child into by the Philippines and
to conceal her dishonor has in the US on Mar. 14, 1947
her favor a mitigating and expired on Sept. 16,
circumstance. 1991.

2. LIMITATIONS o Another example would be

the VFA1 signed on Feb. 10,
a. Must be general in application. 1998
b. Must not partake of the nature
of an ex post facto law. (1987 Also excepted under the law of
Const. Art III, generality are Members of the
Sec.22) Congress who are not liable
c. Must not partake of the nature for libel or slander with any
of a bill of attainder. (1987 Const. speech in Congress or
Art III, Sec 22) congressional committee.
d. Must not impose cruel and (Sec 11, Art VI 1987
unusual punishment or excessive Constitution)
fines. (1987
Const. Art III, Sec 19) Ambassadors, chiefs of states
and other diplomatic officials
are immune from the
C. REVIEWING BASIC PRINCIPLES
application of penal laws
when they are in the country
1. Generality (WHO)
where they are assigned2. o
2. Territoriality (WHERE) EXCEPTIONS TO THE
3. Prospectivity (WHEN) EXCEPTION
4. Legality (1) Note that consuls are
5. Strict Construction of penal laws not diplomatic officers.
against the State (2) This includes consul-
general, vice-consul or
1. GENERALITY OF CRIMINAL LAW 1 Take note of the Visiting Forces Agreement, Art. V,
which defines Criminal Jurisdiction over United
MEANS THAT THE States military and civilian personnel temporarily in
the Philippines in connection with activities approved
Criminal law of the country by the Philippine Government
governs
all persons within the country 2 R.A. No. 75 which penalizes acts which would impair the
proper observance by the Republic and inhabitants of the
regardless of their race, belief, sex Philippines of the immunities, rights, and privileges of duly
or creed. accredited foreign diplomatic representatives in the
Philippines

Page 2 of 103
 and consul in a foreign Art. 2. Application of its provisions.
country, who are Except as provided in the
therefore, not immune treaties and laws of preferential
to the operation or application, the provisions of this
application of the penal Code shall be enforced not only
law of the country within the Philippine Archipelago,
where they are including its atmosphere, its
assigned. interior waters and maritime zone,
but also outside of its jurisdiction,
*^* against those who:
2. TERRITORIALITY OF CRIMINAL
LAW 1. Should commit an offense
while on a Philippine ship or
a. General rule airship
b. Scope of the RPC
2. Should forge or counterfeit
a. General Rule any coin or currency note of the
Philippine Islands or obligations
Territoriality-- and securities issued by the
Government of the Philippine
MEANS THAT THE Islands;

Penal laws of the country have 3. Should be liable for acts

force and effect only within its connected with the introduction
territory. into these islands of the
obligations and securities
It cannot penalize crimes mentioned in the presiding
committed outside the same. number;

The territory of the country is 4. While being public officers or

not limited to the land where its
sovereignty resides but includes
also its maritime and interior
waters as well as its atmosphere.
Terrestrial jurisdiction is the
jurisdiction exercised over land.
Fluvial jurisdiction is the
jurisdiction exercised over
maritime and interior waters.
Aerial jurisdiction is the
jurisdiction exercised over the
atmosphere.
Excepted under the territoriality
characteristic of penal laws are
the cases provided for by Art. 2 of
the Revised Penal Code. The Code
therefore has territorial and
extraterritorial applications.
b. Scope Of Application Of The
Provisions Of The Revised Penal
Code
employees, should commit an
offense in the exercise of their
functions; or
5. Should commit any of the
crimes against national security
and the law of nations, defined in
Title One of Book Two of this Code.
Important Things to Remember:
The provisions in Article 2 embraces
two scopes of applications:
Intraterritorial application
1. Intraterritorial refers to the
application of the Revised Penal
Code within the Philippine territory
(land, air and water).
2. As far as jurisdiction or
application of the Revised Penal
Code over crimes committed on
maritime zones or interior waters,
the Archipelagic Rule shall be
observed.

Page 3 of 103
3. So the three-mile limit on our jurisdiction UNLESS the crime
shoreline has been modified by the merely relates to internal
rule. management of the vessel.
NOTE:
Philippines adhere to ENGLISH
RULE.
Illustrat
ion:
If two petty officers aboard a
Russian ship docked in Manila North
Harbor got into a fistfight which
Extraterritorial application resulted in serious physical injuries,
1. Extraterritoria3l refers to the it is Russian Law which will apply.
application of the Revised Penal However, if the cause of the fight is
Code outside the Philippines a dispute over the ownership of
territory: several hundred grams of cocaine
stashed somewhere in the ship,
then Philippine Law must apply
Par. 1: Crimes committed aboard
because importation of illegal
merchant vessels
substance is a violation of public
peace and order.
1) The RPC is applied to Philippine
vessels4 if the crime is committed
NOTE: This illustration works for
while the ship is treading:
both rules because the general rule
in one is the exception of the other.
a) Philippinewaters (intraterritorial
application), or
NOTE: These rules are NOT
b) The High Seas i.e. waters NOT
applicable if the vessel is on the
under the jurisdiction of any
high seas when the crime was
State (extraterritorial
committed, in these cases, the laws
application)
of the nationality of the ship will
always apply.
2) Two rules as to jurisdiction over
crimes committed aboard
3. When the crime is committed in
merchant vessels while in the
a war vessel of a foreign country,
territorial waters of another
the NATIONALITY of the vessel will
country (i.e. a foreign vessel
ALWAYS determine jurisdiction
treading Philippine waters OR
because war vessels are part of
Philippine vessels treading waters
the sovereignty of the country to
under the jurisdiction of another
whose navel force they belong.
state):
4. Three International
a) FRENCH RULE: It is the
Theories On Aerial
FLAG/Nationality of the vessel
Jurisdiction
which determines jurisdiction
UNLESS the crime violates the
peace and order of the host a. Free Zone Theory
country. The atmosphere over the country
is free and not subject to the
jurisdiction of the subjacent state,
b) ENGLISH RULE: the location or
except for the protection of its
situs of the crime determines
national security and public order.
b. Relative Theory
3 RA9327 (The Human Security The subjacent state exercises
Act) contains provisions for
extraterritorial application jurisdiction over the atmosphere
4 The country of registry determines the nationality of only to the extent that it can
the vessel, NOT ITS OWNERSHIP. A Filipino-owned
vessel registered in China must fly the Chinese flag.
effectively exercise control thereof.

Page 4 of 103
c. Absolute Theory
i. The subjacent state has
complete jurisdiction over the
atmosphere above it subject
only to the innocent passage
by aircraft of a foreign country.
NOTE: The Philippines adopts
this theory.
ii. Under this theory, if the crime
is committed in an aircraft, no
matter how high, as long as it
can be established that it is
within the Philippine
atmosphere, Philippine
criminal law5 will govern.
Par. 2 & 3: Forging/Counterfeiting and
Introducing Coins or Currency Notes
in the
Philippines
1. The forgery is committed abroad 2.
And it refers to Philippine coin,
currency note, obligation and security
Par. 4: When public officers or
employees commit an offense in the
exercise of their functions
1) The most common subject of
bar problems in Article 2 is
paragraph 4.
2) As a general rule, the Revised
Penal Code governs only when the
crime committed pertains to the
exercise of the public officials
functions:
a) Those having to do with the
discharge of their duties in a
foreign country.
b) The functions contemplated are
those,
which are, under the law:
i) to be performed by the
public officer
ii) in the Foreign Service of the
Philippine
government iii) in a
foreign country.
5 See Anti-hijacking Law,
pg___
Page 5 of 103
NOTE: The Revised Penal Code
governs if the crime (whether or not
in relation to the exercise of public
functions) was committed within the
Philippine Embassy or within the
embassy grounds in a foreign country.
This is because embassy grounds are
considered an extension of
sovereignty. Thus the crime is
deemed to have been committed in
Philippine soil. Illustration:
A Philippine consulate official who is
validly married here in the Philippines
and who marries again in a foreign
country cannot be prosecuted here
for bigamy because this is a crime not
connected with his official duties.
However, if the second marriage was
celebrated within the Philippine
embassy, he may be prosecuted here,
since it is as if he contracted the
marriage here in the Philippines.
Par. 5: Commit any of The Crimes
Against
National Security and the Law Of
Nations, Defined In Title One Of
Book Two Of This Code.
1. Rebellion is not included.
2. Any crime against public order
is under the jurisdiction of the
host country.
*^*
3. PROSPECTIVITY OF CRIMINAL LAW
MEANS THAT
Acts or omissions will 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.
This is also called
irretrospectivity.
General Rule: Ex post facto law
is prohibited.
 Ex post facto law is one that is
specifically made to retroact
to cover acts before it became
effective to the prejudice of
the accused;
or to make a certain crime
graver or prescribe a heavier
penalty for it.
Exception:
Art. 22. Retroactive effect of penal
laws. Penal Laws shall have a
retroactive effect
--insofar as they favor the persons
guilty
of a
felony
, violation of BP 22.
--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.
This is consistent with the
general principle that criminal
laws, being a limitation on the
rights of the people, should be
construed strictly against the
State and liberally in favor of the
accused.
Different effects of repeal of
penal law.
If the repeal makes the penalty
lighter in the new law,
the new law shall be applied,
except when the offender is
a habitual delinquent or
when the new law is made
not applicable to pending
action or existing causes of
action.
If the new law imposes a
heavier penalty,
the law in force at the time of
the commission of the
offense shall be applied.
If the new law totally repeals
the existing law so that the
act which was penalized under
the old law is no longer
Page 6 of 103
punishable, the crime is
obliterated.
Rule of prospectivity also
applies to judicial decisions6,
administrative rulings and
circulars.
1. Co vs. CA (1993),
In this case, Circular No. 4 of the
Ministry of Justice, dated December,
15, 1981, provides that where the
check is issued as part of an
arrangement to guarantee or secure
the payment of an obligation, whether
pre-existing or not, the drawer is not
criminally liable for either estafa or
Subsequently, the administrative
interpretation was reversed in Circular
No. 12, issued on August 8, 1984,
such that the claim that the check
was issued as a guarantee or part of
an arrangement to secure an
obligation or to facilitate collection, is
no longer a valid defense for the
prosecution of BP 22.
Hence, it was ruled in Que vs. People
that under the new Circular, a check
issued merely to guarantee the
performance of an obligation is
covered by BP 22.
However, consistent with the principle
of prospectivity, the new doctrine
should not apply to parties who had
relied on the old Circular and acted on
the faith thereof. No retrospective
effect.
Rationale for the prospectivity rule:
the punishability of an act must be
reasonably for the guidance of
society.
4. LEGALITY (NULLUM CRIMEN NULLA
POENA SINE LEGE)
Art. 21. Penalties that may be
imposed. No felony shall be
punishable by any penalty not
prescribed by law prior to its
commission.
There is no crime when there is
no law punishing the same.
6 Art. 8, Civil
Code
 This is true to civil law
countries, but not to common
law countries.
Limitation:
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.
5. STRICT CONSTRUCTION OF PENAL
LAWS AGAINST STATE: THE
DOCTRINE OF
PRO REO
Whenever a penal law is to be
construed or applied and the law
admits of two interpretations -
one lenient to the offender and
one strict to the offender-
that interpretation which is
lenient or favorable to the
offender will be adopted.
This is in consonance with the
fundamental rule that all doubts
shall be construed in favor of the
accused .
Consistent with the
presumption of innocence of the
accused.
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.
2. ACTUS ME INVITO FACTUS NON
EST MEUS ACTUS
An act done by me against my
will is not my act. This is related to
the preceding maxim and is
manifested in People v. Ah Chong.
3. EL QUE ES CAUSA DE LA CAUSA
ES CAUSA DEL MAL CAUSADO
He who is the cause of the cause is
the cause of the evil caused. This is
the rationale in par. 1 of Article 4
which enunciates the doctrine of
proximate cause. He who commits
an intentional felony is responsible
for all the consequences which may
naturally and logically result
therefrom, whether foreseen or
intended or not.

1987 Constitution, Article III, Sec.

14(2) In all criminal prosecutions,
the accused shall be presumed
innocent until the contrary is
proved.
This is peculiar only to criminal
law.
EQUIPOISE RULE:
When the evidence of the
prosecution and the defense
are equally balanced, the
scale should be tilted in favor II. FELONIES
of the accused in obedience to
This section discusses how and why
the constitutional
an act is subject to criminal liability,
presumption of innocence.7
the different stages of committing an
as well as the classification of
D. BASIC MAXIMS IN CRIMINAL LAW punishable conduct.

There are FIVE MAJOR LESSONS in this

1. ACTUS NON FACIT REUM, NISI
section:
MENS SIT REA
A. DIFFERENTIATING FELONIES,
7Ursua v. CA (1996); Corpuz v. OFFENSE,
People (1991)
Page 7 of 103
 MISDEMEANOR AND CRIME
B. FELONIES: HOW COMMITTED
C. CLASSIFICATION OF FELONIES
D. CRIMES DEFINED AND
PENALIZED BY SPECIAL LAWS
A. DIFFERENTIATING FELONIES,
OFFENSE, MISDEMEANOR AND CRIME
1. FELONY
The term felony is limited only
to violations of the Revised Penal
Code. When the crime is
punishable under a special law you
do not refer to this as a felony.
IMPORTANCE:
There are certain provisions in
the Revised Penal Code where
the term felony is used, which
means that the provision is not
extended to crimes under
special laws.
A specific instance is found in
Article 160- Quasi-Recidivism,
which reads: A person who
shall commit a felony after
having been convicted by final
judgment, before beginning to
serve sentence or while serving
the same, shall be punished
under the maximum period of
the penalty. Note that the word
felony is used.
2. OFFENSE
A crime punished under a special
law is called a statutory offense.
3. MISDEMEANOR
A minor infraction of the law, such
as a violation of an ordinance.
4. CRIME
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Whether the wrongdoing is
punished under the Revised Penal
Code or under a special law, the
generic word crime can be used.
B. FELONIES: HOW COMMITTED
Art. 3. Definitions. Acts and
omissions punishable by law are
felonies (delitos).
Felonies are committed not only
be means of deceit (dolo)
but also by means of fault
(culpa).
There is deceit when the act is
performed with deliberate intent
and
there is fault when the wrongful act
results from imprudence, negligence,
lack of foresight, or lack of skill.
1. ELEMENTS OF FELONIES
a. There must be an act or
omission
b. That the act or omission must
be punishable by the RPC
c. That the act is performed or the
commission incurred by means
of dolo or culpa
ACTUS REUS/PHYSICAL ACT
To be considered as a felony,
there must be an act or omission;
An act refers to any kind of
body movement that produces
change in the outside world.
A mere imagination no matter
how wrong does not amount to a
felony.
Illustration:
If A, a passenger of a jeepney
seated in front of a lady, started
putting out his tongue suggesting
lewdness that is already an act in
contemplation of criminal law8. He
8 Unjust vexations under Art. 287. Light
coercions. 9 Art. 275. Abandonment of person in
danger and abandonment of one's own victim 10
Art. 116. Misprision of treason.
 cannot claim that there was no BETWEEN THE ACT AND THE
crime committed. INTENT.
If A scratches something, this is
already an act which annoys the 1. DOLO (DELIBERATE INTENT)
lady he may be accused of unjust
vexation, not malicious mischief. a. Elements
b. Categories of Intent
ACT v. STATUS c. Distinction between Intent and
An act must produce some kind i. Discernment
of change with a physical ii. Motive
manifestation, status, on the
other hand is a concept which
IMPORTANT THINGS TO REMEMBER:
lies between an action and the
imagination; it is defined as
Under Article 3, there is dolo
Omission is when there is deceit.
This is no longer true. At the
the failure to perform a duty
time the Revised Penal Code was
required by law.
codified, the term nearest to dolo
It is important that there is a
was deceit.
law requiring the performance
However, deceit means fraud,
of an act, if there is no
and this is not the meaning of dolo.
positive duty, there is no
liability.
Examples of such are failure to Dolo is DELIBERATE INTENT
render assistance9, failure to otherwise referred to as criminal
issue receipt or non disclosure intent, and must be coupled with
of knowledge of conspiracy freedom of action and intelligence
against the government10. on the part of the offender as to
the act done by him.

Presumption Criminal Intent

Intent is a mental state,
the existence of which is
shown by the overt act of a
person,
so criminal intent is
presumed to exist only if the act
is unlawful. It does not apply if
MENS REA/MENTAL ELEMENT the act is not criminal.
The presumption of
mens rea, is defined as "a guilty criminal intent may arise from
mind, a guilty or wrongful proof of the criminal act and it
purpose or criminal intent"9, is for the accused to rebut this
It sometimes referred to in presumption.
common parlance as the However, in some crimes
gravamen of the offense intent cannot be presumed
(bullseye of the crime). being an integral element
This term is used synonymously thereof; so it has to be proven
with criminal or deliberate intent (i.e. in frustrated homicide,
It does not mean that if an act specific intent to kill is not
or omission is punished under the presumed but must be proven,
Revised Penal Code, a felony is otherwise it is merely physical
already committed. injuries).
For an act to be punishable,
THERE MUST BE A CONCURRENCE Liability Even in the Absence of
Criminal Intent
9 Black's Law Dictionary, 5th ed., p. 889

Page 9 of 103
 There are 2 exceptions to the
requirement of Criminal Intent: In criminal law, intent is
FELONIES COMMITTED by categorized into two types:
CULPA
(infra) General Criminal Specific
OFFENSE MALA PROHIBITA Intent Criminal Intent
(infra) The intention to The intention to
do something commit a
wrong definite
act
Presumed from Existence is
a. Elements of DOLO the mere doing not
of a presumed
i. Criminal intent; wrong act
This is shown by overt acts The burden is Since the
It presupposes the upon the wrong specific intent
existence of the two doer to prove is an element
subsequent elements that he acted of the crime,
ii. Freedom of action; and without such the burden is
The lack of freedom makes criminal intent. upon the
one merely a tool prosecution to
iii. Intelligence establish its
The lack of intelligence existence.
makes one unable to
determine Illustration
The morality of his acts Ernie, without any provocation,
The effect of his actions stabbed Burt.
The very act of stabbing is the
The presence of JUSTIFYING quantum of proof needed to
CIRCUMSTANCES indicates LACK establish the fact that Ernie
OF intended to do something wrong.
FREEDOM This is the GENERAL CRIMINAL
INTENT.
Some of the EXEMPTING
CIRCUMSTANCES exculpate those However, Ernie can be liable for
who LACK THE INTELLIGENCE to more than one crime; thus,
determine the nature and prosecution must establish Ernies
consequences of their actions. SPECIFIC INTENT in order to
determine whether he planned to
The lack of CRIMINAL INTENT kill Burt or merely to inflict a whole
can be a MITIGATING lot of pain.
CIRCUMSTANCE or the accused can
be merely held liable for CRIMINAL Ernie can overturn the presumption
NEGLIGENCE. of general criminal intent by proving
that he was justified (infra), entitled
If any of the elements is absent, to any exempting circumstances (due
there is no dolo. to lack of discernment) or there was a
mistake of fact (infra). If he is
If there is no dolo, there could successful, then the presumption that
be no intentional felony.10 he intended to do something wrong is
obliterated along with the need to
determine specific intent.
b. Categories of Intent However, the result of Ernies act
will now determine his liability. Was
10 Visbal vs. Buban, 2003 his act justified that he incurs no

Page 10 of 103
liability? Is he entitled to any e.g. kidnapping v. robbery11
exemption? Or is his liability only 2) The identity of the accused is
mitigated? doubtful
3) The evidence on the
Establishing the specific intent is commission of the crime is
the way to hit the bullseye of the purely circumstantial.
crime: 4) Also, lack of motive can aid in
E.g. If the prosecution wants to showing the innocence of the
hold Ernie liable for accused.12
homicide/murder, then they
have to establish Ernies intent Illustration:
to kill, which is the bullseye of Ernie came home and found his
the crimes mentioned. wife in a pleasant conversation with
In theft, the gravamen of the Burt, former suitor. Thereupon, he
offense would be the taking went to the kitchen, opened a drawer
with intent to gain as and pulled out a knife. He then
distinguished from estafa where stabbed Burt.
the essence is deceit. The moving force is jealousy.
Attempted rape and acts of The intent is the resort to the
lasciviousness have similar knife, so that means he desires to
elements separated only by the kill the Burt, the former suitor.
offenders intent to have sexual
intercourse with the victim. Ernies deliberate choice of
something as lethal as the knife
c. Distinctions Between Intent, shows the presence of intelligence
Discernment and Motive because it is his very awareness of
the danger which prompted his
choice. This only means that he
INTENT DISCERNM MOTIVE knew what is right from wrong and
EN deliberately chose to do what is
T wrong.
Determinati the It is
on to do a the NOTE: Discernment does not
certain mental moving indicate the presence of intent,
thing, ancapacity power merely intelligence.13 Thus,
aim or to tell which discernment is necessary whether
right from the crime is dolo or culpa.
purpose of impels one
the mind. wrong to do an
act (ex.
d. Mistake of Fact
vengeance)
(ignorantia facti excusat)
.
Establish Integral to Important
the nature the only in When an offender acted out of a
and extent element certain misapprehension of fact,
of of it cannot be said that he acted
cases (see
culpability intelligenc below) with criminal intent.
e When the offender acted out of
NOT intent. a mistake of fact, criminal
intent is negated, so do not
When Motive becomes Material in presume that the act was
determining Criminal Liability: done with criminal intent.
This is absolutory if the crime
1) When the act brings about involved dolo.
variant crimes 11 People v. Puno (1993)
12 People vs Hassan, 1988
13 People v. Cordova 1993

Page 11 of 103

The Requisites14 of Mistake of Fact
are:
i. That the act done would have
been lawful had the facts
been as the accused believed
them to be;
ii. That the intention of the
accused in performing the
act should be lawful;
iii. That the mistake must be
without fault or carelessness
on the part of the accused.
When the accused is
negligent, mistake of fact is
not a defense.
Illustration:
People v. Ah Chong (1910)
A houseboy who stabs his
roommate in the dark, honestly
mistaking the latter to be a robber
responsible for a series of break-ins
in the area, and after crying out
sufficient warnings and believing
himself to be under attack, cannot
be held criminally liable for
homicide.
1) Would the stabbing be lawful if
the facts were really what the
houseboy believed?
a. Yes. If it was really the
robber and not the
roommate then the
houseboy was justified.
2) Was the houseboys intention
lawful?
a. Yes. He was acting out
of selfpreservation.
3) Was the houseboy without fault
or negligence?
a. Yes. His deliberate intent
to defend himself with
the knife can be
determined by the fact
that he cried out
sufficient warnings prior
to the act.
Stabbing the victim whom the
accused believed to be an intruder
showed a mistake of fact on his part
14 People vs Oanis, 1988
Page 12 of 103
which led him to take the facts as
they appear to him and was pressed
to take immediate action.
2. CULPA (CONSTRUCTIVE INTENT)
a. Elements
b. Doctrines Concerning Culpable
Crimes
IMPORTANT THINGS TO REMEMBER:
Although there is no intentional
felony, there could be culpable
felony.
The element of criminal intent is
replaced by CRIMINAL
NEGLIGENCE.
Is culpa merely a mode of
committing a crime or a crime in
itself?
AS A MODE
Under Article 3, it is clear that
culpa is just a modality by which a
felony may be committed.
A felony may be committed or
incurred through dolo or culpa.
Culpa is just a means by which
a felony may result.
Act of Dolo OR Act of Culpa
FELONY
People vs. Faller (1939),
It was stated indirectly that
criminal negligence or culpa is just
a mode of incurring criminal
liability.
In this case, the accused was
charged with malicious mischief.
Malicious mischief is an intentional
negligence under Article 327 of the
Revised Penal Code You do not
have malicious mischief through
simple negligence or reckless
imprudence because it requires
deliberateness.
 Faller was charged with imprudence, but reckless
malicious mischief, but was imprudence resulting in homicide.
convicted of damage to property The view of Justice Reyes is
through reckless imprudence. sound, but the problem is Article 3,
The Supreme Court pointed out which states that culpa is just a
that although the allegation in the mode by which a felony may
information charged the accused result.
with an intentional felony, yet the
words feloniously and unlawfully,
which are standard languages in a. Elements of CULPA
an information, covers not only
dolo but also culpa because culpa
Culpa Requires the Concurrence of
is just a mode of committing a
Three Requisites:
felony.
Criminal negligence on the part
of the offender,
AS A CRIME
that is, the crime was the result
of negligence, reckless
In Article 365, you have criminal
imprudence, lack of foresight or
negligence as an omission which
lack of skill;
the article definitely or specifically
Freedom of action on the part of
penalized.
the offender, that is, he was not
The concept of criminal
acting under duress;
negligence is the inexcusable lack
Negligence presupposes the
of precaution on the part of
ability to be vigilant; and
the person performing or failing
vigilance depends on whether
to perform an act.
the person chose to be or not.
Because Article 365, creates a
Intelligence on the part of the
distinction between imprudence
offender in the performance of the
and negligence; simple or reckless,
negligent act.
one might think that criminal
The absence of intelligence
negligence is the one being
means that the person is unable
punished.
to assess the danger of a
That is why a question is
situation.
created that criminal negligence is
He cannot be charged for lack
the crime in itself.
of foresight and/or prudence
because the person cannot
discern and predict the
Act of Dolo OR Act of Culpa
consequence of his course of
action.
INTENTIONAL CRIMINAL
NEGLIGENCE
(ART 365)
People v. Buan (1968)
Facts: The accused was driving a
FELONIES
passenger bus. Allegedly because of
his recklessness, the bus collided
with a jeep injuring the passengers
Quizon vs. Justice of the Peace of the latter. A case was filed
(1995), against the accused for slight
physical injuries through reckless
Justice J.B.L. Reyes dissented imprudence for which he was tried
and claimed that criminal and acquitted. Prior to his acquittal,
negligence is a quasioffense, and a case for serious physical injuries
the correct designation should not and damage to property through
be homicide through reckless reckless imprudence was filed.
Accused claimed that he was placed
in twice in jeopardy.

Page 13 of 103
 It does not arise where a
Held: The second case must be passenger demands
dismissed. Once convicted or responsibility from the
acquitted of a specific act of reckless carrier to enforce its
imprudence, the accused may not be contractual obligation
prosecuted again for the same act. Last Clear Chance is a defense
For the essence of the quasi-offense by the defendant in a damage
under Art. 365 of the RPC lies in the suit against liability by
execution of an imprudent act which transferring it to the plaintiff.
would be punishable as a felony. The This dynamics cannot be
law penalizes the negligent act and replicated in a criminal case
not the result. The gravity of the because
consequences is only taken into the liability is penal in nature
account to determine the penalty. It and thus cannot be
does not qualify the substance of the transferred within the same
offense. case
It is not a case between two
parties involved in an
b. Doctrines Concerning Culpable incident but rather between
Crimes an individual and the State.

Emergency Rule Rule Of Negative Ingredient

A person who is confronted with This is related to the doctrine of
a sudden emergency proximate cause and applicable
may be left no time for thought. when certain causes leading to
so must make speedy decision the result are not identifiable.
based largely upon impulse or
instinct, This rule states that
and cannot be held to the the prosecution must first
same conduct as one who identify what the accused
has had an failed to do.
opportunity to reflect, Once this is done, the burden
even though it later appears of evidence shifts to the
that he made the wrong accused.
decision.

Doctrine Of Last Clear Chance

The contributory negligence of
the party injured
will not defeat the action
if it be shown that the accused
might, by the exercise of
reasonable care and prudence,
have avoided the consequences
of the negligence of the injured
party.
The applicability of this doctrine
in criminal cases is somewhat
dubious:

Anuran v. Buno (1966)

The principle about the "last
clear chance" would call for
application in a suit between
the owners and drivers of
the two colliding vehicles.

Page 14 of 103
 CRIMINAL LAW

The accused must show that 1. ACCORDING TO THE MANNER OF

the failure did not set in THEIR
motion the chain of events COMMISSION
leading to the injury.15
Under Article 3, they are classified
as:
E. CLASSIFICATION OF FELONIES a. intentional felonies or those
committed with deliberate intent;
This question was asked in the and
bar examination: b. culpable felonies or those
resulting from negligence,
How do you classify felonies and how reckless imprudence, lack of
are felonies classified? foresight or lack of skill.

TIP: 2. ACCORDING TO THE STAGES OF

What the examiner had in mind was
Articles 3, 6 and 9. Do not write the
classification of felonies under Book 2
of the Revised Penal Code.
The question does not require
the candidate to classify but also to
define.
Therefore, the examiner was
after the classifications under
Articles 3, 6 and 9.
The purpose of classifying
penalties is to bring about a
proportionate penalty and
equitable punishment.
The penalties are graduated
according to their degree of
severity.
The stages (Art. 6) may not
apply to all kinds of felonies.
There are felonies which do not
admit of division.
FELONIES ARE CLASSIFIED
FOLLOWS:
1. According to the manner
of their commission
2. According to the stages of their
execution
3. According to their gravity
OTHER CLASSIFICATIONS
4. As to count
5. As to nature
15 Carillo vs People, 1994
THEIR
EXECUTION
Under Article 6, felonies are
classified as:
a. attempted felony
b. frustrated felony
c. consummated felony
The classification of stages of a
felony in Article 6 are true only to
crimes under the Revised Penal
Code.
This does not apply to crimes
punished under special laws.
But even certain crimes which
are punished under the Revised
Penal Code do not admit of these
stages.
A more detailed discussion can
be found under LIABILITY FOR
INCOMPLETE ELEMENTS (pg___)
AS
Related to this classification of
felonies as to:
1. Formal Crimes
a. Formal crimes are crimes,
which are consummated in
one instance.
b. Illegal exaction under Article
213 is a crime committed
when a public officer who is
authorized to collect taxes,
licenses or impose for the
government, shall demand
an amount bigger than or

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 CRIMINAL LAW

different from what the law a. Light felonies or those

authorizes him to collect. infractions of law for the
Under sub-paragraph (a) commission of which
of Article 213 on illegal the penalty is arresto
exaction, the law uses menor.
the word demanding.
Mere demanding of an Why is it necessary to
amount different from determine whether the crime is
what the law authorizes grave, less grave or light?
him to collect will To determine
already consummate a whether these felonies can
crime, whether the be complexed or not; the
taxpayer pays the prescription of the crime and
amount being the prescription of the
demanded or not. penalty.
Payment of the amount In other words, these are
being demanded is not felonies classified according to
essential to the their gravity, stages and the
consummation of the penalty attached to them.
crime.
Take note that when the
2. Material Felonies Revised Penal Code speaks of
grave and less grave felonies, the
a. Those that have various definition makes a reference
stages of specifically to Article 25 of the
execution Revised Penal Code.
b. Ex. Homicide Do not omit the phrase In
accordance with Article 25
3. Crimes which have NO because there is also a
FRUSTRATED classification of penalties under
STAGE Article 26 that was not applied.
This classification of felony
a. The essence of the crime according to gravity is important
is the act itself; with respect to the question of
b. Hence in rape, the prescription of crimes.
slightest penetration already Ex. If the penalty is a fine and
consummates the crime; the exactly P200.00, it is only
same is true for arson where considered a light felony under
the slightest burning already Article 9. If the fine is imposed
renders the crime complete. as an alternative penalty or as
a single penalty, the fine of
3. ACCORDING TO THEIR GRAVITY P200.00 is considered a
correctional penalty under
Under Article 9, felonies are Article 26.
classified as: If the penalty is exactly
P200.00, apply Article 26. It is
a. Grave felonies or those to considered as a correctional
which attaches penalty and it prescribes in 10
the capital punishment or years. If the offender is
apprehended at any time within
penalties which in any of
ten years, he can be made to
their periods are afflictive;
suffer the fine.
a. Less grave felonies or
those to which the law
4. AS TO COUNT
punishes with penalties
which in their maximum
period is correctional;

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 CRIMINAL LAW

Plurality of crimes may be in the form MALA IN SE and MALA PROHIBITA

of:
Mala in se
a) Compound Crime, an act, by its very nature, is
b) Complex crime; and inherently and morally wrong;
c) Composite crime. it should be done with criminal
intent
5. AS TO NATURE
Malum prohibitum
a) Mala in se An act is wrong only because
b) Mala prohibita there is a law punishing it.
It is enough that the prohibited

C. CRIMES DEFINED AND PENALIZED act was voluntarily committed and

BY SPECIAL LAWS
1. TEST TO DETERMINE
VIOLATION OF SPECIAL LAW
MALUM PROHIBITUM OR
MALUM IN SE
2. RELATION OF RPC TO SPECIAL
LAWS: SUPPLETORY APPLICATION
OF RPC
3. DISTINCTION BETWEEN CRIMES
PUNISHED UNDER THE REVISED
PENAL CODE AND CRIMES
PUNISHED UNDER
SPECIAL LAWS
IMPORTANT THINGS TO REMEMBER :
Art. 10. Offenses not subject to the
provisions of this Code. Offenses
which are or in the future may be
punishable under special laws are not
subject to the provisions of this Code.
This Code shall be supplementary to
such laws, unless the latter should
specially provide the contrary.
Dolo is not required in crimes
punished by special laws because
these crimes are mala prohibita.
In those crimes punished by
special laws, the act alone
irrespective of its motives,
constitutes the offense.
Good faith and absence of
criminal intent are not valid
defenses in crimes punished by
special laws
need not be committed with
malice or criminal intent to be
punishable.
IF
IS
Estrada v. Sandiganbayan (2001)
Facts: Estrada is challenging the
plunder law. One of the issues he
raised is whether plunder is a malum
prohibitum or malum in se.
Held: Plunder is a malum in se which
requires proof of criminal of criminal
intent. Precisely because the
constitutive crimes are mala in se the
element of mens rea must be proven
in a prosecution for plunder. It is
noteworthy that the amended
information alleges that the crime of
plunder was committed willfully,
unlawfully and criminally. It thus
alleges guilt knowledge on the part of
the petitioner.
While intentional felonies are
always mala in se, it does not
follow that prohibited acts done in
violation of special laws are
always mala prohibita.
Even if the crime is punished
under a special law, if the act
punished is one which is
inherently wrong, the same is
malum in se, and, therefore, good
faith and the lack of criminal
intent is a valid defense; unless it
is the product of criminal
negligence or culpa.
Likewise when the special laws
require that the punished act be
committed knowingly and willfully,
criminal intent is required to be

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 CRIMINAL LAW

proved before criminal liability under special laws and those under
may arise. the Revised Penal Code. With
regard to Article 10, observe the
distinction.

1. TEST TO DETERMINE IF VIOLATION When Applied?

OF SPECIAL LAW IS MALUM
PROHIBITUM OR As a supplement to the special
MALUM IN SE law, or
simply correlate the violated
1) Analyze the violation: special law, if needed to avoid
an injustice.
Is it wrong because there is a law
prohibiting it or punishing it as If no justice would result, do not
such? If you remove the law, will give suppletory application of the
the act still be wrong? Revised Penal Code to that of the
special law.
2) If the working of the law
punishing the crime uses the word 1. Ladonga vs. People, 451 SCRA 673
willfully, then malice must be
proven. The second clause (of Art. 10)
contains the soul of the article.
Where malice is a factor, good faith The main idea and purpose of
is a defense. the article is embodied in the
provision that the "code shall be
3) In violation of special law, the supplementary" to special laws,
act constituting the crime is a unless the latter should specifically
prohibited act. provide the contrary.

Therefore, culpa is not a basis of For Example:

liability, unless the special law A special law punishes a certain
punishes an omission. act as a crime.
The special law is silent as to
the civil liability of one who
TIP:
violates the same.
When given a problem, take note if
May the court pronounce that a
the crime is a violation of the Revised
person is civilly liable to the
Penal Code or a special law.
offended party, considering that
the special law is silent on this
point?
2. RELATION OF RPC TO SPECIAL Yes. Article 100 states that
LAWS: every person criminally
SUPPLETORY APPLICATION OF RPC liable for a felony is also
civilly liable.
Offenses punishable under That article shall be applied
special laws are not subject to the suppletorily to avoid an
provisions of the RPC. injustice that would be
caused to the private
The RPC shall be supplementary offended party, if he would
to special laws, unless the latter not be indemnified for the
should specially damages or injuries
provide the contrary (Art. 10, RPC) sustained by him.

Article 10 is the consequence of

the legal requirement that one
must distinguish those punished

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 CRIMINAL LAW

2. People vs. Rodriguez (1960), o The moral trait o The

of the offender moral trait of
It was held that a violation of a is the offender
special law can never absorb a considered. o is not
crime punishable under the This is why considered;
Revised Penal Code, because liability would o it is
violations of the Revised Penal only arise when enough that
Code are more serious than a the
there is dolo or
violation of a special law. prohibited
culpa in the
But a crime in the Revised act was
commission of the voluntarily
Penal Code can absorb a crime
punishable act. done.
punishable by a special law if it is
a necessary ingredient of the
crime in the Code.

But do not think that when a b. As To Use Of Good Faith As

crime is punished outside of the Defense
Revised Penal Code, it is already a In crimes punished under the
special law. Revised Penal
Code,
3. People vs. Martinada.

The crime of cattle-rustling is MALA IN SE MALUM

not a mala prohibitum but a PROHIBITUM
modification of the crime of theft o Good faith or o In crimes
of large cattle. lack of punished
So Presidential Decree No. 533, criminal under special
punishing cattle-rustling, is not a intent is a laws, good
special law. valid faith is not a
It can absorb the crime of defense; defense.
murder. If in the course of cattle unless the
rustling, murder was committed, crime is the
the offender cannot be prosecuted result of
for murder. culpa.
Murder would be a qualifying
circumstance in the crime of
qualified cattle rustling16. c. As To Degree Of
Accomplishment Of The Crime

3. DISTINCTION BETWEEN CRIMES MALA IN SE MALUM

PUNISHED UNDER THE REVISED PROHIBITUM
PENAL CODE AND CRIMES o the degree of o the act gives
PUNISHED UNDER SPECIAL LAWS rise to
accomplishmen a crime only
a. As To Moral Trait Of The t of the crime is when
Offender taken into it is
account in consummated
MALA IN SE MALUM punishing the ;
PROHIBITUM offender;
o there are no
o thus, there are attempted or
attempted, frustrated
frustrated and stages,
consummated unless the
stages in the special law
commission of expressly
16 Sec. 8, PD no. 533

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 CRIMINAL LAW

the crime. penalizes a determining the proper period

mere should be applied.
attempt or
frustration of
the crime. e. As To Degree Of Participation

MALA IN SE MALUM
PROHIBITUM
o When there o The
is more than degree of
one offender, participation
o the degree of the
d. As To Mitigating And offenders is
of participation
Aggravating Circumstances of each in the not
commission of considered.
MALA IN SE MALUM the crime is o All
PROHIBITUM taken into who
o Mitigating o Mitigating and account in perpetrated
and aggravating imposing the the
aggravating circumstances penalty; prohibited
circumstances are not taken o thus, act are
are taken into into account in offenders are penalized to
account since imposing the classified as the same
the moral trait penalty. principal, extent.
of the accomplice and o There is
offender is accessory. no principal
or accessory
to consider.
The amendments of Presidential
Decree No. 6425 (The Dangerous 2. Taer v. CA (1990)
Drugs Act of 1972) by Republic Act
NO. 7659: The offense for which Taer is
Adopted the scale of penalties accused is covered by-Articles
in the Revised Penal Code, 308, 309, and 310, as amended by
Mitigating and aggravating "The Anti-Cattle Rustling Law of
circumstances can now be 1974." The penalty imposed on
considered in imposing penalties. the principal for the crime of cattle
Presidential Decree No. 6425 rustling is: x x x x x x x x x
does not expressly prohibit Inasmuch as Taer's culpability is
the suppletory application of only that of an accessory after the
the Revised Penal Code. fact, under Art. 53 of the Revised
The stages of the commission of Penal Code, the penalty lower by
felonies will also apply since two degrees than that prescribed
suppletory application is now by law for the consummated
allowed. felony shall be imposed.

1. People v. Simon (1994)

For cases of Illegal possession of
firearms,
although Presidential Decree No.
1866 is a special law,
the penalties therein were taken
from the Revised Penal Code,
hence the rules in said Code for
graduating by degrees or

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 CRIMINAL LAW

IMPORTANT THINGS TO REMEMBER:

1. HOW IS CRIMINAL LIABILITY

INCURRED?

Since in Art. 3, a felony is an act

or omission punishable by law,
particularly the Revised Penal
Code,
it follows that whoever commits
a felony incurs criminal liability
it is important to note that if the
criminal liability arises from an
omission
such as misprision of treason or
abandonment of helpless
persons,
there must be a law requiring
the performance of such act.

In par.1 of Art. 4, the law uses

the word felony, that whoever
commits a felony incurs criminal
liability.
A felony may arise not only
when it is intended, but also
when it is the product of
criminal negligence.
What makes paragraph 1 of
Article 4 confusing is the addition
of the qualifier although the
wrongful act be different from what
he intended. This is called
III. Fundamental Principles Of transferred intent.
Criminal Liability The 2nd par. of Art. 4 makes a
person liable even if the
This section will dissect each instance accomplishment of his crime is
where criminal liability may be inherently impossible.
incurred, mainly through:
Art. 6 also provides liability for
the incomplete elements of a
A. PROXIMATE CAUSE crime.

B. OMISSION There are certain crimes which

provide specific liability for
C. TRANSFERRED INTENT conspiring to and proposing the
commission of certain acts, the
D. LIABILITY FOR INCOMPLETE principle behind this can be found
ELEMENTS AND INCOMPLETE in Art.
CRIMES 8.
E. PROPOSAL AND CONSPIRACY F.
Plural crimes on the other hand
are discussed under Art. 48.
LIABILITY FOR PLURAL CRIMES

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2. THERE IS NO CRIME UNLESS THERE
IS A LAW PUNISHING IT
Art. 5. Duty of the court in connection
with acts which should be repressed
but which are not covered by the law,
and in cases of excessive penalties.
Whenever a court has knowledge of
any act which it may deem proper to
repress and which is not punishable
by law, it shall render the proper
decision, and shall report to the Chief
Executive, through the Department of
Justice, the reasons which induce the
court to believe that said act should
be made the subject of legislation.
In the same way, the court shall
submit to the Chief Executive,
through the Department of Justice,
such statement as may be deemed
proper, without suspending the
execution of the sentence, when a
strict enforcement of the provisions of
this Code would result in the
imposition of a clearly excessive
penalty, taking into consideration the
degree of malice and the injury
caused by the offense.
Article 5 covers two situations:
1. The court cannot convict the
accused because the acts do not
constitute a crime.
a. The proper judgment is
acquittal.
b. The court is mandated to report
to the Chief Executive that said
act be made subject of penal
legislation and why.
2. Where the court finds the
penalty prescribed for the crime
too harsh considering the
conditions surrounding the
commission of the crime,
a. the judge should impose the
law.
b. The most that he could do is
recommend to the Chief
100% UP LAW U P B A R O P S
CRIMINAL LAW
Executive to grant executive
clemency.
A. PROXIMATE CAUSE
For most felonies, criminal liability
exists from the concurrence of the
mens rea and the actus reus.
Illustration:
A and B are supposed to meet in
As home but when B arrived A was
not home. B received an SMS from A
telling the former to get the house
key from under the doormat. B lets
himself in and saw an IPOD on the
table. B took the IPOD.
What is Bs criminal liability?
B is liable only for theft because
the act and the intent occurred only
in the act of taking, there was no
malicious intent in the act of letting
himself in.
Criminal liability for some
felonies, arises only upon a specific
resulting harm
In homicide and its qualified
forms, if the victim does not die
the accused may be liable only
for physical injuries.
Another example is the crime of
estafa wherein the victim, for
criminal liability to arise, must
incur damage.
It was discussed in the previous
section that
CRIMINAL INTENT and CRIMINAL
NEGLIGENCE are elements for
criminal liability.
Article 4, paragraph 1 deals with
CAUSATION as the third means of
determining criminal liability.
Vda. De Bataclan v. Medina (1957)
Proximate cause is
that cause,
which sets into motion other
causes
2 0 0 8 Page 22 of 103

and which unbroken by any
efficient supervening cause,
produces a felony and
without which such
felony could not
have resulted.
As a general rule, the offender is
criminally liable for all the
consequences of his felonious act,
although not intended,
if the felonious act is the
proximate cause of the felony or
resulting felony.
Proximate v. Immediate v. Remote
Illustrations:
#1
A, B, C, D, and E were driving their
vehicles along Ortigas Ave. As car
was ahead, followed by those of B, C,
D, and E. When As car reached the
intersection of EDSA and Ortigas
Avenue, the traffic light turned red so
A immediately stepped on his break,
followed by B, C, and D. However, E
was not aware that the traffic light
had turned to red, so he bumped the
car of D, then D hit the car of C, then
C hit the car of B, then, finally, B hit
the car of A.
In this case, the immediate cause
of the damage to the car of A is the
car of B, but that is not the proximate
cause.
The proximate cause is the car of E
because it was the care of E which
sets into motion the cars to bump into
each other.
#2
In one case, A and B, who are
brothers-in-law, had a quarrel. At the
height of their quarrel, A shot B with
an airgun. B was hit at the stomach,
which bled profusely. When A saw this,
he put B on the bed and told him not
to leave because he will call a doctor.
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CRIMINAL LAW
While A was away, B rose from the
bed, went into the kitchen and got a
kitchen knife and cut his throat. The
doctor arrived and said that the
wound in the stomach is only
superficial; only that it is a bleeder,
but the doctor could no longer save
him because Bs throat was already
cut. Eventually, B died. A was
prosecuted for manslaughter.
The Supreme Court rationalized that
what made B cut his throat, in the
absence of evidence that he wanted
to commit suicide, is the belief that
sooner or later, he would die out of
the wound inflicted by A. Because of
that belief, he decided to shorten the
agony by cutting his throat.
That belief would not be
engendered in his mind were it not
because of the profuse bleeding from
his wound.
Now, that profusely bleeding wound
would not have been there, were it
not for the wound inflicted by A.
As a result, A was convicted for
manslaughter.
1. US vs. Valdez (1921),
Facts: The deceased is a member of
the crew of a vessel. Accused is in
charge of the crewmembers engaged
in the loading of cargo in the vessel.
Because the offended party was
slow in his work, the accused shouted
at him. The offended party replied
that they would be better if he would
not insult them. The accused
resented this, and rising in rage, he
moved towards the victim, with a big
knife in hand threatening to kill him.
The victim believing himself to be
in immediate peril threw himself into
the water. The victim died of
drowning.
The accused was prosecuted for
homicide. His contention that his
liability should be only for grave
threats since he did not even stab the
victim, that the victim died of
drowning, and this can be considered
as a supervening cause.
Held: The deceased, in throwing
himself into the river, acted solely in
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obedience to the instinct of self-
preservation, and was in no sense
legally responsible for his own death.
As to him, it was but the exercise of a
choice between two evils, and any
reasonable person under the same
circumstance might have done the
same. The accused must, therefore,
be considered the author of the death
of the victim.
This case illustrates that
proximate cause does not require
that the offender needs to actually
touch the body of the offended
party.
It is enough that the offender
generated in the mind of the
offended party the belief that
made him risk himself.
2. Urbano vs. IAC (1988)
Facts: A and B had a quarrel and
started hacking each other. B was
wounded at the back. Cooler heads
intervened and they were separated.
Somehow, their differences were
patched up. A agreed to shoulder all
the expenses for the treatment of the
wound of B, and to pay him also
whatever loss of income B may have
suffered. B, on the other hand, signed
forgiveness in favor of A and on that
condition, he withdrew the complaint
that he filed against A.
After so many weeks of treatment
in a clinic, the doctor pronounced
that the wound was already healed.
Thereafter, B went back to his
farm. Two months later, B came home
and was chilling. Before midnight, he
died out of tetanus poisoning. The
heirs of B filed a case of homicide
against A.
Held: The Supreme Court held that A
is not liable. It took into account the
incubation period of tetanus toxic.
Medical evidence were presented that
tetanus toxic is good only for two
weeks. That if, indeed, the victim had
incurred tetanus poisoning out of the
wound inflicted by A, he would not
have lasted two months.
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What brought about the tetanus to
infect his body was his work in the
farm using his bare hands.
Because of this, the Supreme Court
said that the act of B working in his
farm where the soil is filthy, using is
own hands, is an efficient supervening
cause which relieves A of any liability
for the death of B. A, if at all, is only
liable for the physical injuries inflicted
upon B.
3. People v. Enguito (2000) Facts: A
was mauled by B. The latter took off
by riding a motorela which contained
other passengers. A followed behind
in another vehicle with the intent of
reporting the incident to the police. A
forced his vehicle to bump the
motorela a few times , which
prompted B to jump. The force of the
jump caused the motorela to lose
balance thereby flipping to its left side
and injuring the other passengers.
A contends that he could not be
guilty of any physical injuries suffered
by the other passengers because the
direct cause of the motorela turning
on its left side was the act of the
driver in guiding the vehicle while the
proximate cause is the thrust which
resulted when B suddenly jumped out
of the motorela.
Held: The argument is devoid of merit.
A disregarded the basic rule in
criminal law that a person is
responsible for all the consequences
of his unlawful or wrongful act
although such consequences were
different from those which he
originally intended.
Even if it be assumed that the real
intention of accused-appellant was to
surrender the victim to the police for
mauling him, his act of pursuing the
victim, who was a passenger of the
motorela, resulted in the injuries of
the driver and the other passenger of
the motorela.
Upon seeing that B was trying to
jump out of the motorela, A should
have known that by closely following,
pushing and bumping the motorela,
he could injure the passengers, which
is what happened in this case.
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 CRIMINAL LAW

Instead, he persisted resulting in the B. OMISSION

motorela turning on its side and in the
opposite direction
The act of accused-appellant in
relentlessly pursuing the motorela is a
manifestation of his intention to
perpetrate the crime.
Omission is the inaction, the
failure to perform a positive duty
which he is bound to do. There
must be a law requiring the doing
or performing of an act.

4. People v. Acuram (2000)

C. TRANSFERRED INTENT
Appellant blames the death of the
victim on the lack of prompt and
proper medical attention given.
He insists that the delay in giving Aberration Ictus
proper medical attendance to the Error in Personae
victim constitutes an efficient Praeter Intentionem
intervening cause which exempts him
from criminal responsibility.
Art. 4. Criminal liability. Criminal
liability shall be incurred:
Held: The attending doctors are not
liable for the death of the victim. 1 . By any person committing a felony
(delito) although the wrongful act done
The perceived delay in giving
be different from that which he
medical treatment to the victim does
intended .
not break at all the causal connection
between the wrongful act of the
appellant and the injuries sustained
by the victim.

It does not constitute efficient

intervening cause.

The proximate cause of the death of

the deceased is the shooting by the
appellant.
It is settled that anyone inflicting
injuries is responsible for all the
consequences of his criminal act such
as death that supervenes in
consequence of the injuries.
The fact that the injured did not
receive proper medical attendance
would not affect appellant's criminal
responsibility.
The rule is founded on the practical
policy of closing to the wrongdoer a
convenient avenue of escape from
the just consequences of his wrongful
act. If the rule were otherwise, many
criminals could avoid just accounting
for their acts by merely establishing a
doubt as to the immediate cause of
death.

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 CRIMINAL LAW

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.

KIND DEFINITION ILLUSTRATION LEGAL EFFECT

1. Aberratio Ictus Person directed A shot at B. You have a complex
the blow at an However, crime, unless the
In aberratio intended victim, because of resulting
ictus, the but because of poor aim, it consequence is not a
intended victim poor aim, that was not B who grave or less grave
as well as the blow landed on was hit but C. felony. You have a
actual victim are someone else. There is only single act as against
both at the one single act the intended victim
scene of the Distinguish this the act of and also giving rise to
crime. from error in firing at B. another felony as
personae, where against the actual
the victim In so far as B victim., there is no
actually received is concerned, intent to kill.
the blow, but he the crime at
was mistaken for least is In other words,
another who was attempted aberratio ictus,
not at the scene homicide or generally gives rise to
of the crime. attempted a complex crime. This
murder. being so, the penalty
The distinction is for the more serious
important As far as the crime is imposed in
because the third party C is the maximum period.
legal effects are concerned, if This is the legal
effect.
not the same. C were killed,
the crime is
The only time when
homicide. If C
aberratio ictus may
was only not result in a
wounded, the complex crime is
crime is only when one of the
physical resulting felonies is a
injuries. You light felony.

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 CRIMINAL LAW

cannot have
attempted or
frustrated
homicide or
murder as far
as C is
concerned,
because as far
as he is
concerned,
there is no
intent to kill.
serious or
slight.

4. Error In A mistake in A thought of Article 49 applies only

Personae identity. killing B. He in a case of error in
positioned personae and not in a
It was the actual himself at one case of aberratio
victim upon corner where ictus.
whom the blow B usually
was directed, but passes. When When the crime
he was not really a figure intended is more
the intended resembling B serious than the crime
victim. was actually committed or
approaching, vice versa:
A hid and
when that o whichever
figure was crime carries the
near him, he lesser penalty, that
suddenly hit penalty will be the
him with a one imposed,
piece of wood whatever the crime
on the nape, the offender is
killing him. prosecuted under.
But it turned
out that it o But it will be
was his own imposed in the
father. maximum period.
The crime
committed is o In any event,
parricide, the offender is
although what prosecuted for the
was intended crime committed
was homicide. not for the crime
Article 49, intended.
therefore, will
apply
because out
of a mistake
in identity, a

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 CRIMINAL LAW

crime

was Error in personae is

committed mitigating if the
different from crime committed is:
that which o Different and
was intended. o Less serious
A will be from that which
prosecuted was intended.
for parricide
but his
penalty will
be for
homicide in
its maximum
period.

In another
instance, A
thought of
killing B.
Instead of B,
C passed. A
thought that
he was B, so
he hit C on
the neck,
killing the
latter.
Just the same
the crime
intended to
be committed
is homicide
and what was
committed is

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 CRIMINAL LAW

actually
homicide.
Article 49
does not
apply. Here,
error in
personae is of
no effect.

5. Praeter The result is The accused Praeter intentionem is

Intentionem greater than what entered the mitigating,
was store of a particularly covered
intended Chinese by paragraph 3 of
couple, to Article 13. In order
In Ramos- commit however, that the
Andan v. People robbery. They situation may qualify
(2006) the court hogtied the as praeter
said that the Chinaman intentionem, there
mitigating and his wife. must be a notable
circumstance of Because the disparity between the
lack of intention wife was so means employed and
to commit so talkative, one the resulting felony. If
grave a wrong of the there is no disparity
may not be offenders got between the means
availed of when employed by the
a pan de sal
fraud is offender and the
and placed it
employed. resulting felony, this
in her mouth. circumstance cannot
But because be availed of.
the woman
was trying to It cannot be a case of
wiggle from praeter intentionem
the bondage, because the intention
the pan de sal of a person is
slipped determined by the
through her means resorted to by
throat. She him in committing the
died because crime.
of suffocation.
The offenders If the resulting felony
were can be foreseen or
convicted for anticipated from the

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 CRIMINAL LAW

robbery with means employed, the

homicide circumstance of
because there praeter intentionem
was a does not apply.
resulting
death,
although their
intention was
only to rob.
However,
There was
really no
intention to
bring about
the killing,
because it
was the pan
de sal that
they put into
the mouth.
Had it been a
piece of rag,
it would be
different. The
SC gave the
offenders

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 CRIMINAL LAW

the benefit of
praeter
intentionem
as a
mitigating
circumstance.
The means
employed is
not capable of
producing
death if only
the woman
chewed the
pan de sal.

A man
raped a
young girl.
The young girl
was shouting
so the man
placed his
hand on the
mouth and
nose of the
victim. He
found out
later that the
victim was
already dead;
she died of
suffocation.
The offender
begged that
he had no
intention of
killing the girl
and that his
only intention
was to
prevent her
from
shouting.
The Supreme
Court rejected
the plea
saying that a
person who
is
suffocated
may
eventually
die. The
offender was
prosecuted
for the
serious crime

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 CRIMINAL LAW

of rape with
homicide and
was not given
the benefit of
paragraph 3
of
Article 13.

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C. IMPOSSIBLE CRIMES
Under par. 2, Article 4
An impossible crime is an act
which would be an offense only
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.
Liability under this paragraph is
incurred only if:
the offender has actually
performed the act against the
person or property of the
intended victim and
such act does not constitute
another felony.
Example:
The dead victim was shot to make it
appear that he was trying to escape,
the accused is not a principal to an
impossible crime but an accessory to
the killing committed by the
principal.
Modified Concept of impossible crime
Intod vs. CA, et. al., 285 SCRA 52.
In this case, four culprits, all armed
with firearms and with intent to kill,
went to the intended victims house
and after having pinpointed the
latters bedroom, all four fired at and
riddled the said room with bullets,
thinking that the intended victim was
already there as it was about 10:00
in the evening. It so happened that
the intended victim did not come
home on that evening and so was not
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in her bedroom at that time.
Eventually the culprits were
prosecuted and convicted by the trial
court for attempted murder. The
Court of Appeals affirmed the
judgment but the Supreme Court
modified the same and held the
petitioner liable only for the so-called
impossible crime. As a result,
petitioner-accused was sentenced to
imprisonment of only six months of
arresto mayor for the felonious act he
committed with intent to kill: this
despite the destruction done to the
intended victims house.
Somehow, the decision
depreciated the seriousness of the
act committed, considering the
lawlessness by which the culprits
carried out the intended crime.
Some asked questions:
Was it really the impossibility of
accomplishing the killing that
brought about its non-
accomplishment?
Was it not purely accidental
that the intended victim did
not come home that evening
and, thus, unknown to the
culprits, she was not in her
bedroom at the time it was
shot and riddled with bullets?
Suppose, instead of using
firearms, the culprits set fire on
the intended victims house,
believing that she was there
when in fact she was not,
would the criminal liability be
for an impossible crime?
Until the Intod case, the
prevailing attitude was that the
provision of the Revised Penal
Code on impossible crime would
only apply when the wrongful act,
which would have constituted a
crime against persons or property,
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 CRIMINAL LAW

could not and did not constitute Art. 6. Consummated felonies, as

another felony. well as those which are frustrated
Otherwise, if such act and attempted, are punishable.
constituted any other felony
A felony is consummated when
although different from what the
all the elements necessary for its
offender intended, the criminal
execution and accomplishment are
liability should be for such other
present;
felony and not for an impossible
crime.
The attitude was so because and it is frustrated when the
offender performs all the acts of
Article 4 of the Code provides two
execution which would produce the
situations where criminal liability
felony as a consequence but
shall be incurred.
which, nevertheless, do not
produce it by reason of causes
Because criminal liability for
independent of the will of the
impossible crime presupposes that perpetrator.
no felony resulted form the
wrongful act done, the penalty is
There is an attempt when the
fixed at arresto mayor or a fine
offender commences the
from P200.00 to P500.00,
commission of a felony directly by
depending on the social danger
overt acts, and does not perform
and degree of criminality shown all the acts of execution which
by the offender(Article 59), should produce the felony by
regardless of whether the reason of some cause or accident
wrongful act was an impossible other than his
crime against persons or against own spontaneous desistance.
property.

In the Intod case, the wrongful

A. Consummated Felony
acts of the culprits caused
destruction to the house of the
intended victim; this felonious act When all the elements
negates the idea of an impossible necessary for its execution are
crime. But whether we agree or present.
not, the Supreme Court has The felony is produced
spoken, we have to respect its
ruling. B. Frustrated Felony

When the offender performs all

the acts of execution;
All the acts performed would
D. LIABILITY FOR INCOMPLETE
produce the felony as a
ELEMENTS
consequence; The felony is not
produced;
1. CLASSIFICATION UNDER
By reason of causes
ARTICLE 6 independent of the will of the
2. DEVELOPMENT OF A CRIME perpetrator.
3. ATTEMPT AND FRUSTRATION
4. FACTORS DETERMINING C. Attempted Felony
STAGES OF EXECUTION
When the offender commences
the commission of a felony
1. CLASSIFICATION UNDER ARTICLE 6
directly by overt acts;
He does not perform all the
acts of execution which should
produce the felony;

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By reason of some cause or
accident other than his own
spontaneous desistance;
2. DEVELOPMENT OF A CRIME
Overt act
Are external acts which if
allowed to continue its natural
course would definitely result
into a felony.
It is the start of criminal liability
because the offender has
commenced the commission of
an offense with overt acts.
Development of a crime
1. Internal acts intent and plans;
usually not punishable
Example: Ernie plans to kill
Burt
2. External acts
a. Preparatory Acts
o acts tending toward the
crime o ordinarily not
punished except when
considered by law as
independent crimes (Art.
304 possession of
picklocks)
o these acts do not yet
constitute even the first
stage of the acts of
execution o intent not yet
disclosed
Example: Ernie goes to the
kitchen to get a
knife
b. Acts of Execution
o acts directly connected
to the
crime
o Punishable under the
RPC
o usually overt acts with a
logical relation to a
particular
concrete offense
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Example: Ernie stabs Burt
Indeterminate offense
It is one where the purpose of
the offender in performing an act
is not certain. Its nature in
relation to its objective is
ambiguous.
The intention of the accused
must be viewed from
the nature of the acts
executed by him, and
not from his admission.
Example: If Ernie stabbed Burt
from behind, the nature of his
act indicated the intent to kill
because of the treachery
employedhe is liable for any
of the stages of murder
depending on the actual result:
a. If Burt dies, the crime is
consummated;
b.If Burt was stabbed in a
critical body part but
managed to survive due
to timely medical
assistance, the
crime is
frustrated;
c. If Ernie lunged at Burt
from behind but was
only able to graze
Burts arm because of
the latters reflex, the
crime is an attempt.
3. ATTEMPT AND FRUSTRATION
The difference between the
attempted stage and the
frustrated stage lies on
whether the offender has
performed
all the acts of execution
for the accomplishment of a
felony.
Attempted Frustrated
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 CRIMINAL LAW

ACTS ACTS Marks the commencement of

PERFORMED: PERFORMED: the subjective phase
Subjective phase that portion
Overt acts of All acts of of the acts constituting a
execution are execution are crime,
started finished starting from the point where
the offender begins the
BUT BUT commission of the crime
to that point where he still
has control over his acts
Not all acts of Crime sought to
execution are be committed is including their (acts) natural
present not course
achieved If between those two points
the offender is stopped
by reason of any cause outside
WHY: WHY:
of his own voluntary
desistance,
Due to reasons Due to
the subjective phase has not
other than the intervening
been passed and it is an
spontaneous causes
independent of attempt.
desistance of
the the will of the
perpetrator perpetrator If he is not stopped but
continues until he performs the
POSITION IN POSITION IN THE last act, it is either consummated
THE TIMELINE: TIMELINE: or frustrated.

Offender still in Offender is Example: The subjective phase for

subjective already in the Ernie was from the moment he
phase because objective phase swung his arm to stab Burt up until
because all acts he finished his stroke. This is the
he still has
of execution are interim where he still has control of
control of his
already present his actions
acts
and the cause
of its non- Desistance
accomplishment It is the act which will negate
is other than the criminal liability when made
offenders will during the attempted stage.
Desistance is true only in the
Attempted Stage attempted stage of the felony.
If under the definition of the
Elements: felony, the act done is already
1.The offender commences the in the frustrated stage, no
commission of the felony directly by amount of desistance will
overt acts; negate criminal liability.
2.He does not perform all the acts of The spontaneous desistance of
execution which should produce the the offender negates only the
felony; attempted stage
3.The offenders act is not stopped but not necessarily all
by his own spontaneous desistance; criminal liability.
4.The non-performance of all acts of Even though there was
execution was due to cause or desistance on the part of the
accident other than his own offender, if the desistance was
spontaneous desistance. made when acts done by him
already resulted to a felony,
that offender will still be
criminally liable for the

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felony brought about his
act.
What is negated is
only the attempted stage, but
there may be other felonies
constituting his act.
Example: Supposing Ernie (because
he thought killing Burt was too easy
a revenge) desisted mid-stroke.
However, Burt felt the movement
and turned. He was so shocked that
he suddenly backed away and
tripped over his own feet. As Burt
went down, his left eye caught the
sharp corner of a table causing a
puncture on his eyeball rendering
him completely blind on the left side.
a. Ernie would not be liable for
attempted murder because
of his desistance (regardless
of his reason for doing so)
b.His liability would now be for
serious physical injuries
because his act of raising
the knife was the proximate
cause for Burt losing an eye.
In the attempted stage, the
definition uses the word directly.
This is significant.
In the attempted stage,
the acts so far performed may
already be a crime or
it may just be an ingredient of
another crime.
The word directly emphasizes
the requirement that the
attempted felony is that which
is
directly linked to the overt
act performed by the
offender,
not the felony he has in his
mind.
In criminal law, you are not
allowed to speculate, not to
imagine what crime is intended,
but apply the provisions of the law
to the facts given.
People v. Lamahang (1935)
The accused was arrested while he
was detaching some of the wood
panels of a store. He was already
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able to detach two panels. To a
layman, the only conclusion that will
come to your mind is that this fellow
started to enter the store to steal
something. He would not be there
just to sleep there. But in criminal
law, since the act of removing the
panel indicates only at most the
intention to enter, he can only be
prosecuted for trespass. The removal
of the paneling is just an attempt to
trespass, not an attempt to rob.
Although Lamahang was prosecuted
for attempted robbery, the Supreme
Court held it is only attempted
trespass because that is the crime
that can be directly linked to his act
of removing the wood panel.
There are some acts which are
ingredients of a certain crime, but
which are, by themselves, already
criminal offenses.
People v. Campuhan (2000)
Facts: The mother of the 4-year-old
victim caught the houseboy
Campuhan in the act of almost
raping her daughter. The hymen of
the victim was still intact but since in
previous Orita ruling, entry into labia
is considered rape even without
rupture of hymen and full penetration
is not necessary, question arises
whether what transpired was
attempted or consummated rape.
Held: Attempted rape only. Mere
touching of external genitalia by the
penis is already rape. However,
touching should be understood as
inherently part of entry of penis into
labia and not mere touching of the
pudendum. There must be clear and
convincing proof that the penis
indeed touched the labia and slid into
the female organ and NOT MERELY
STROKED THE EXTERNAL SURFACE.
Some degree of penetration beneath
the surface must be achieved and
the labia major must be entered.
Prosecution did not prove that the
Campuhans penis was able to
penetrate victims vagina because
the kneeling position of the accused
obstructed the mothers view of the
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 CRIMINAL LAW

alleged sexual contact. The No matter what the offender

testimony of the victim herself may do to accomplish a
claimed that penis grazed but did not penetration,
penetrate her organ. if there was no penetration yet,
There was only a shelling of the it cannot be said that the
castle but no bombardment of the offender has performed all the
drawbridge ye (I suppose, this, if acts of execution.
nothing else, will make you We can only say that the
remember this case). offender in rape has performed
all the acts of execution when
Frustrated Stage he has effected a penetration.
Once there is penetration
Elements: already,
1. The offender performs all the no matter how slight, the
acts of execution; offense is consummated.
2. All the acts performed would For this reason, rape admits
produce the felony as a only of the attempted and
consequence; consummated stages, no
3. But the felony is not produced; frustrated stage. This was the
4. By reason of causes ruling in the case of People vs.
independent of the will of the Orita (see the previously cited
perpetrator. case of People v. Campuhan for
the most recent doctrine on
The end of the subjective penetration).
phase and the beginning of the
objective phase 2. ARSON
Objective phase the result of One cannot say that the offender,
the acts of execution, that is, in the crime of arson, has already
the accomplishment of the performed all the acts of
crime execution which could produce
the destruction of the premises
If the subjective and objective through the use
phases are present, there is a of fire,
consummated felony. unless a part of the premises
has begun to burn.
If it has not begun to burn, that
CRIMES WHICH DO NOT ADMIT OF A means that the offender has
yet to perform all the acts of
FRUSTRATED STAGE execution. On the other hand,
the moment it begins to burn,
1. RAPE the crime is consummated.
2. ARSON There is no middle stage
3. BRIBERY between being not burned and
4. CORRUPTION OF PUBLIC burned.
OFFICERS
5. ADULTERY 3. BRIBERY
6. PHYSICAL INJURIES The manner of committing the
7. THEFT crime requires
the meeting of the minds
between the giver and the
receiver.
If there is a meeting of the
1. RAPE
minds, there is consummated
The essence of the crime is bribery or consummated
carnal knowledge. corruption.

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If there is none, it is only
attempted.
This leaves out the frustrated
stage because of the manner
of committing the crime.
4. CORRUPTION OF PUBLIC
OFFICERS Same with bribery.
5. ADULTERY
This requires the sexual contact
two participants.
If that link is there, the crime is
consummated;
if such link is absent, there is
only an attempted adultery.
6. PHYSICAL INJURIES
Under the Revised Penal Code,
the crime of physical injuries is
penalized on the basis of the
gravity of the injuries. Actually,
there is no simple crime of
physical injuries. You have to
categorize because there are
specific articles that apply
whether the physical injuries are
serious, less serious or slight.
If you merely say physical
injuries, you would not know
which article to apply.
This being so, you could not
punish the attempted or
frustrated stage because
you do not know what crime of
physical injuries was
committed.
Physical injuries are punished
by the result.
Example: When Burt lost his left eye,
Ernies liability was automatically for
serious physical injuries. He would
have no liability if the eye was intact.
If the eye suffered damage due to
the impact, the crime would not be
frustrated nor attempted physical
injuries because the RPC still
considers this as a consummated
physical injury, its gravity depending
on the duration that it took for the
damage to heal. 7. THEFT
There is no crime of frustrated
theft.
Once there is unlawful taking,
theft is consummated.
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CRIMINAL LAW
Either the thing was taken or
not.
Disposition of the stolen goods
is not an element of theft under
the RPC19.
4. FACTORS IN DETERMINING THE
STAGE
OF
EXECUTION OF A FELONY
1. The manner of committing the
crime;
2. The elements of the crime; and
3. The nature of the crime itself.
1919
Valenzuela v. People
TIP: M.E.N.
These three factors are helpful in
trying to pinpoint whether the
crime is still in its attempted,
frustrated or consummated stage.
1. The Manner of Committing the
Crime
Under the RPC, some crimes
take two to commit the crime like
adultery.
In bribery, the manner of
committing the crime requires
the meeting of the minds
between the giver and the
receiver. When the giver
delivers the money to the
supposed receiver, but there is
no meeting of the minds, the
only act done by the giver is an
attempt.
There are instances where an
intended felony could already
result from the acts of execution
already done.
Because of this, the offender is
deemed to have performed all
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 CRIMINAL LAW

the acts of execution ONLY by Under the definition of the

the existence of the result. frustrated stage, to consider the
Without the resulting felony, offender as having performed all
there is no way of determining the acts of execution, the acts
whether the offender has already already done by him must
performed all the acts of produce or be capable of
execution or not like rape and producing a felony as a
arson. consequence.
Thus, in determining the stage Hence, the general rule is that
of some crimes, the manner of there must be a fatal injury
execution becomes pivotal in inflicted, because it is only then
determining the end of the that death will follow.
subjective phase, i.e. once the
offender performs the act in the
manner provided for in the law,
HE HAS ALREADY DEEMED TO
HAVE PERFORMED EVERY ACT FOR
ITS EXECUTION.

2. The Elements of the Crime

Along with the manner of

execution, there are crimes
wherein the existence of certain
elements becomes the factor in
determining its consummation.
In the crime of estafa, the
element of damage is essential
before the crime could be
consummated. If there is no
damage, even if the offender
succeeded in carting away the
personal property involved,
estafa cannot be considered as
consummated.
On the other hand, if it were a
crime of theft, damage or
intent to cause damage is not
an element of theft. What is
necessary only is intent to
gain, not even gain is
important.
In the crime of abduction, the
crucial element is the taking
away of the woman with lewd
designs.

3. The Nature of the Crime Itself

In crimes involving the taking of

human lifeparricide, homicide,
and murder
in the definition of the frustrated
stage,
it is indispensable that the
victim be mortally wounded.

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 CRIMINAL LAW

Proposal is true PROPOSAL: only

E. CONSPIRACY AND PROPOSAL
Conspiracy and proposal to
commit a felony are two different
acts or felonies.
GENERAL RULE: Conspiracy and
proposal to commit a felony are not
punishable
EXCEPTION: They are punishable only
in the cases in which the law
specially provides a penalty
therefore.
up to the point where the party
to whom the proposal was made
has NOT yet accepted the
proposal. Once the proposal was
accepted , a conspiracy arises.
Proposal is unilateral, one party
makes a proposition to the
other; conspiracy is bilateral, it
requires two parties.
RATIONALE : Conspiracy and
proposal to commit regards them
as innocent or at least
permissible a crime are only
preparatory acts and the law
except in rare and exceptional
cases.

TWO STAGE HOW LEGAL ILLUSTRATION

CONCEPTS INCURRED REQUIREMENTS
OF
CONSPIRACY
AS A CRIME PREPARATOR Mere The RPC must A, B, C and D
Y ACTS agreement specifically came to an
punish the act of
conspiring agreement
(and proposing) to commit
rebellion.
Treason, Their
rebellion, agreement
sedition and was to bring
coup d etat are about the
the only crimes rebellion on
where the a certain
conspiracy and date. Even if
proposal to none of
commit them them has
are punishable performed
the act of
The act MUST rebellion,
NOT BE there is
ACCOMPLISHED, already

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 CRIMINAL LAW

else the criminal

conspiracy is liability
obliterated and arising from
the ACT ITSELF the
IS PUNISHED. conspiracy
to commit
QUANTUM OF the rebellion.
PROOF: But if anyone
Conspiracy as a of them has
crime must be committed
established the overt act
beyond of rebellion,
reasonable the crime of
doubt all is no
longer
conspiracy
but rebellion
itself. This
subsists
even though
the other co-
conspirator
does not
know that
one of them
had already
done the act
of rebellion.
AS A EXECUTORY Commissio Three
BASIS FOR ACTS n of overt The participants persons plan
LIABILITY act acted in concert to rob a
or bank.
simultaneously For as
or IN ANY WAY long as
which is the
indicative of a conspirators
meeting of the merely
minds towards a entered the
common bank there is
criminal goal or no crime yet.
criminal But when
objective. one of them
draws a gun
and disarms
The act of the security
meeting guard, all of
together is not them shall
necessary as be held
long as a liable, unless
common a
objective can be
discerned from co-
the overt acts. conspirator
was absent
from the
THE ACT MUST
scene of the

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 CRIMINAL LAW

BE crime or
ACCOMPLISHED,
if there is only he showed
conspiracy or up, but he
proposal, THERE tried to
IS NO CRIME TO prevent the
BE PUNISHED. commission
of the crime.

QUANTUM OF
PROOF:
Reasonably
inferred from
the acts of the
offenders when
such acts
disclose or show
a common
pursuit of the
criminal
objective. This
was the ruling
in People vs.
Pinto.

1) People vs. Laurio, 200 SCRA 489,

It must be established by positive and conclusive evidence, not by
conjectures or speculations.

2) People v. Bulan, 2005

The prosecution must prove conspiracy by the same quantum of
evidence as the felony charged itself although, proof of previous agreement
among the malefactors to commit the crime is not essential to prove
conspiracy. It is not necessary to show that all the conspirators actually
hit and killed the victim; what is primordial is that all the participants
performed
specific acts with such closeness and a. Not all those present at the
coordination as to indicate a crime scene will be considered
common purpose or design to bring conspirators;
out the victims death. b. Only those who participated in
the criminal acts during the
3) People v. Pangilinan, commission of the crime will be
considered co-conspirators;
Implied Conspiracy c. Mere acquiescence to or
Conspiracy need not be direct but approval of the commission of the
may be inferred from the conduct of crime, without any act of criminal
the parties, their joint purpose, participation, shall not render one
community of interest and in the criminally liable as co-conspirator.
mode and manner of commission of
the offense. 4) Taer vs. CA, 186 SCRA 5980,
Mere knowledge, acquiescence to,
The legal effects of implied or approval of the act, without
conspiracy are: cooperation at least, agreement to
cooperate, is not enough to
constitute a conspiracy. There must

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be an intentional participation in the
crime with a view to further the
common felonious objective.
5) A conspiracy is possible even
when participants are not known to
each other. When several persons
who do not know each other
simultaneously attack the victim, the
act of one is the act of all, regardless
of the degree of injury inflicted by
any one of them. All will be liable for
the consequences. Do not think that
participants are always known to
each other.
6) The Supreme Court has ruled
that one who desisted is not
criminally liable. As pointed out
earlier, desistance is true only in the
attempted stage. Before this stage,
there is only a preparatory stage.
Conspiracy is only in the preparatory
stage..
Illustrations:
A thought of having her husband
killed because the latter was
maltreating her. She hired some
persons to kill him and pointed at her
husband. The goons got hold of her
husband and started mauling him.
The wife took pity and shouted for
them to stop but the goons
continued. The wife ran away. The
wife was prosecuted for parricide.
But the Supreme Court said that
there was desistance so she is not
criminally liable.
7) Do not search for an
agreement among the participants. If
they acted simultaneously to bring
about their common intention,
conspiracy exists. And when
conspiracy exists, do not consider
the degree of participation of each
conspiracy because the act of one is
the act of all. As a general rule, they
have equal responsibility.
Illustration:
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A, B and C have been courting the
same lady for several years. On
several occasions, they even visited
the lady on intervening hours.
Because of this, A, B and C became
hostile with one another. One day, D
invited the young lady and she
accepted the invitation. Eventually,
the young lady agreed to marry D.
When A, B and C learned about this,
they all stood up to leave the house
of the young lady feeling
disappointed. When A looked back at
the young lady with D, he saw D
laughing menacingly. At that
instance, A stabbed D. C and B
followed. In this case, it was held
that
conspiracy was present
8) People vs. Nierra
If a co-conspirator merely
cooperated in the commission of the
crime with insignificant or minimal
acts, such coconspirator should be
punished as an accomplice only.
The common notion is that when
there is conspiracy involved, the
participants are punished as
principals. This notion is no longer
absolute. The reason given is that
penal laws always favor a milder
form of responsibility upon and
offender.
Illustration:
There was a planned robbery, and
the taxi driver was present during
the planning. The taxi driver agreed
for the use of his cab but said, I will
bring you there, and after
committing the robbery I will return
later. The taxi driver brought the
conspirators where the robbery
would be committed. After the
robbery was finished, he took the
conspirators back to his taxi and
brought them away. It was held that
the taxi driver was liable only as an
accomplice. His cooperation was not
really indispensable. The robbers
could have engaged another taxi.
The taxi driver did not really stay
during the commission of the
robbery. At most, what he only
extended was his cooperation.
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 CRIMINAL LAW

If complex:
9) Siton vs. CA, Reclusion temporal maximum
The idea of a conspiracy is to death.
incompatible with the idea of a free If treated individually:
for all. There is no definite opponent Reclusion temporal to
or definite intent as when a Reclusion Perpetua
basketball crowd beats a referee to
death. Complex-crime is not just a
matter of penalty, but of
E. PLURAL CRIMES substance under the Revised
Penal Code.
1) PLURALITY OF CRIMES
2) KINDS OF PLURAL CRIMES PLURALITY OF RECIDIVISM
a. COMPLEX CRIMES CRIMES
b. SPECIAL COMPLEX There is no There must be
CRIMES conviction of conviction by
c. CONTINUED AND any of the final judgment of
CONTINUING CRIMES crimes the first or prior
committed. offense.
1) PLURALITY OF CRIMES

Consists in the successive 2) KINDS OF PLURALITY OF CRIMES

execution by the same
individual Real or Material Plurality
of different criminal acts
upon any of which no There are different crimes in
conviction has yet been declared. law as well as in the
conscience of the offender.
Philosophy behind plural In such cases, the offender
crimes: shall be punished for each and
every offense that he
The treatment of plural crimes
as one is to be lenient to the committed.
offender, who,
instead of being made to Example:
suffer distinct penalties for
every resulting crime A stabbed B. Then, A also stabbed C.
is made to suffer one There are two crimes committed.
penalty only, although
it is the penalty for the Formal or Ideal Plurality
most serious one and
is in the maximum Single Act Several Acts
period. Throwing a Submachine gun
hand grenade because of the
If by complexing the crime, the number of bullets
penalty would turn out to be released
higher, do not complex anymore. A single bullet Firing of the
killing two revolver twice in
Example: person succession
There is but one criminal
Crimes: liability in this kind of plurality.
Murder and theft (killed with
treachery, and then stole the Divided into 3 groups:
wallet).
a. Whenthe offender commits
Penalty: any of the complex crimes

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 CRIMINAL LAW

defined in Art. 48 of the Code. committing the other, the evil

(COMPLEX CRIMES) intent of the offender is only one.

b.When the law specifically fixes b. TWO KINDS OF COMPLEX CRIMES

a single penalty for 2 or more
offenses committed. 1. COMPOUND CRIME - When a
(SPECIAL COMPLEX single act results in two or
CRIMES) more grave or less grave
felonies
c. When the offender commits
2. COMPLEX CRIME PROPER -
continued crimes.
When an offense is a necessary
(CONTINUING AND
means for committing the
CONTINUED CRIMES)
other.
Complex Crimes
1. COMPOUND CRIME
a. NATURE OF COMPLEX CRIMES
b.TWO KINDS OF COMPLEX
REQUISITES:
CRIMES
c. GENERAL RULES IN
1. That only a SINGLE ACT is
COMPLEXING
performed by the offender

Art. 48. Penalty for complex crimes.

2. That the single acts produces

When a single act constitutes two or
more grave or less grave felonies, or
(a) 2 or more grave felonies,
when an offense is a necessary
or (b) 1 or more grave and
means for committing the other,
1 or more less grave
felonies, or (c) 2 or more
the penalty for the
less grave felonies
most serious crime shall be
imposed, the same to be
Light felonies produced by the
applied in its maximum
period. same act should be treated and
punished as separate offenses or
may be absorbed by the grave
Art. 48 requires the
felony.
commission of at least 2 crimes.
But the two or more GRAVE or
Example:
LESS GRAVE felonies must be
the result of a SINGLE ACT, or When the crime is committed by
an offense must be a force or violence, slight physical
NECESSARY MEANS FOR injuries are absorbed.
COMMITTING the other.
The basis in compounding the
a. NATURE OF COMPLEX CRIMES: crime is the act.
So that when an offender
performed more than one act,
although two or more crimes
although similar,
are actually committed,
if they result in separate
they constitute only one crime
crimes,
in the eyes of the law as well
there is no complex crime at
as in the conscience of the
all,
offender.
Even in the case where an
instead, the offender shall be
offense is a necessary means for
prosecuted for as many crimes

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as are committed under
separate information.
Example of a compound crime:
#1
The victim was killed while
discharging his duty as barangay
captain to protect life and property
and enforce law and order in his
barrio.
The crime is a complex crime of
homicide with assault upon a person
in authority.
#2
When in obedience to an order
several accused simultaneously shot
many persons, without evidence
how many each killed, there is only
a single offense, there being a single
criminal impulse.
2. COMPLEX CRIME PROPER
REQUISITES:
1. That at least two offenses are
committed
2. That one or some of the
offenses must be necessary to
commit the other
3. That both or all the offenses
must be punished under the same
statute.
The phrase necessary means
does not mean indispensable
means
In complex crime, when the
offender executes various acts, he
must have a single purpose.
When there are several acts
performed,
the assumption is that each act
is impelled by a distinct
criminal impulse, hence each
will have a separate penalty.
However, it may happen that
the offender is impelled only
by a single criminal impulse
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in committing a series of acts
that
brought about more than one
crime
In this case, the BASIS
for
COMPLEXING is not the
singleness of the act but the
singleness of the impulse that
is considered.
NO COMPLEX CRIME PROPER:
1. Subsequent acts of intercourse,
after forcible abduction with rape,
are separate acts of rape.
2. Not complex crime when
trespass to dwelling is a direct
means to commit a grave offense.
3. No complex crime, when one
offense is committed to conceal
the other.
4. When the offender had in his
possession the funds which he
misappropriated, the falsification
of a public or official document
involving said offense is a
separate offense.
5. No complex crime where one of
the offense is penalized by a
special law.
6. There is no complex crime of
rebellion with murder, arson,
robbery, or other common crimes
(re: rebellion, Ortega thinks
otherwise).
c. GENERAL RULES IN COMPLEXING
CRIMES
1. When two crimes produced by
a single act are respectively
within the exclusive jurisdiction of
two courts of different jurisdiction,
the court of higher jurisdiction
shall try the complex crime.
2. The penalty for complex crime
is the penalty for the most serious
crime, the same to be applied in
its maximum period.
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3. When two felonies constituting
a complex crime are punishable
by imprisonment and fine,
respectively, only the penalty of
imprisonment should be imposed.
4. Art. 48 applies only to cases
where the Code does not provide
a definite specific penalty for a
complex crime.
5. One information should be filed
when a complex crime is
committed.
6. When a complex crime is
charged and one offense is not
proven, the accused can be
convicted of the other.
7. Article 48 also applies in cases
when out a single act of
negligence or imprudence, two or
more grave or less grave felonies
resulted, but only the first part
thereof (compound crime). The
second part of Article 48 does not
apply, referring to the complex
crime proper because this applies
or refers only to a deliberate
commission of one offense to
commit another offense.
8. Art. 48 does not apply when
the law provides one single
penalty for special complex
crimes.
Special Complex/Composite Crimes
The substance is made up of
more than one crime but which
in the eyes of the law is only a
single indivisible offense.
all those acts done in
pursuance of the crime agreed
upon are acts which constitute
a single crime.
Special Complex Crimes
Robbery with Homicide (Art.
294 (1))
Robbery with Rape (Art. 294
(2))
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Kidnapping with serious
physical injuries
(Art. 267 (3))
Rape with Homicide (Art. 335)
The liability for special complex
crimes is linked with that of
conspiracy.
As a general rule,
When there is conspiracy, the
rule is that the act of one is the
act of all.
This principle applies only to
the crime agreed upon.
The exception is
if any of the co-conspirator
would commit a crime not
agreed upon.
This happens when the crime
agreed upon and the crime
committed by one of the co-
conspirators are distinct
crimes.
Exception to the exception:
In acts constituting a single
indivisible offense,
o even though the co-
conspirator performed
different acts bringing about
the composite crime,
all will be liable for such
crime.
o They can only evade
responsibility for any other
crime outside of that agreed
upon if it is proved that
the particular
conspirator had tried to
prevent the commission of
such other act.
Illustration:
A, B, and C decided to commit
robbery in the house of D. Pursuant
to their agreement, A would ransack
the second floor, B was to wait
outside, and C would stay on the first
floor.
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Unknown to B and C, A raped a girl
upstairs.
All of them will be liable for robbery
with rape. The crime committed is
robbery with rape, which is not a
complex crime, but an indivisible
felony under the Article 294 of the
Revised Penal Code.
Even if B and C did not know that
rape was being committed and they
agreed only and conspired to rob, yet
rape was part of robbery. Rape
cannot be separated from robbery.
The rule would be different if the
crime committed was not a
composite crime.
Illustration:
A, B, and C agreed to kill D. When
they saw the opportunity, A, B, and C
killed D and after that, A and B ran
into different directions.
C inspected the pocket of the victim
and found that the victim was
wearing a ringa diamond ringand
he took it.
The crimes committed are homicide
and theft.
As far as the homicide is concerned,
A, B, and C are liable because that
was agreed upon and theft was not
an integral part of homicide. This is a
distinct crime so the rule will not
apply because it was not the crime
agreed upon.
Insofar as the crime of theft is
concerned, C will be the only one
liable. So C will be liable for homicide
and theft.
Continued and Continuing Crimes
CONTINUED CRIME
. different persons,
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A continuous, unlawful act or
series of acts
set on foot by a single impulse
and
operated by an unintermittent
force, however long a time it may
occupy.
Example:
A collector of a commercial firm
misappropriates for his personal use
several amounts collected by him
from different persons.
One crime only because the different
appropriations are but the different
moments during which once criminal
resolution arises and a single
defraudation develops.
A continuing crime is not a
complex crime.
A continued crime is different
from a TRANSITORY CRIME which
is also called a
MOVING/CONTINUING CRIME.
CONTINUING CRIME
The term used in criminal
procedure to denote that
a certain crime may be
prosecuted and tried not only
before the court of the place
where it was originally
committed or began,
but also before the court of the
place where the crime was
continued.
The term is used in criminal
procedure when
any of the material ingredients
of the crime was committed in
different places.
1) People v. de Leon (1926)
The accused took five roosters
from one and the same chicken
coop, the roosters were owned by
B A R O P S 2 0 0 8 Page 49 of 103

It was held that there is only one
crime of theft committed because
the accused acted out of a single
criminal impulse only.
Illustration:
A band of robbers came across a
compound where a sugar mill is
located. The workers of said mill
have their quarters within the
compound.
The band of robbers ransacked the
different quarters therein.
It was held that there is only one
crime committed multiple
robbery,
--not because of Article 48 but
because this is a continued crime.
When the robbers entered the
compound, they were moved by a
single criminal intent which is why
it does not matter that there were
several quarters robbed. This was
a complex crime.
The definition in Article 48 is
not honored because the accused
PERFORMED MORE THAN ONE
ACT.
The confusion lies in this:
While Article 48 speaks of a
complex crime where a single
act constitutes two or more
grave or less grave offenses,
those cases involving a series
of acts resulting to two or more
grave and less grave felonies,
were considered by the
Supreme Court as
complex crime
when it is shown that the act
is the product of one single
criminal impulse.
TIP:
If confronted with a problem, the
Supreme Court has extended this
class of complex crime to those
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cases when the offender performed
not a single act but a series of acts
as long as it is the product of a
single criminal impulse.
2. People v. Garcia (1980), The
accused were convicts who were
members of a certain gang and they
conspired to kill the other gang.
Some of the accused killed their
victims in one place within the same
penitentiary, some killed the others
in another place within the same
penitentiary.
The Supreme Court ruled that all
accused should be punished under
one information because they acted
in conspiracy. The act of one is the
act of all.
Because there were several victims
killed and some were mortally
wounded, the accused should be
held for the complex crime of
multiple homicide with multiple
frustrated homicide.
There is a complex crime not only
when there is a single act but a
series of acts. It is correct that when
the offender acted in conspiracy, this
crime is considered as one and
prosecuted under one information.
Although in this case, the offenders
did not only kills one person but
killed different persons, the Supreme
Court considered this as complex.
Whenever the Supreme Court
concludes that the criminal should
be punished only once, because
they acted in conspiracy or under
the same criminal impulse,
it is necessary to embody
a
these crimes under one single
information.
It is necessary to consider
them as complex crimes even
if the essence of the crime
does not fit the definition of Art
48, because there is no other
provision in the RPC.
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 CRIMINAL LAW

3) People v. Jose,
There were four participants here.
They abducted the woman, after
which, the four took turns in
abusing her. It was held that each
one of the four became liable not
only for his own rape but also for
those committed by the others.
One of the four rapes committed by
one of them was complexed with
the crime of abduction. Each of the
four offenders was convicted of four
rapes. The consecutive abuse
cannot be considered as continued
crimes because there is a different
intent for each act of rape. Hence,
there was no single purpose for the
rapes. Each must be considered as
a separate act.
4) People v. Bulaong (1981) , the
Supreme Court adopted the
dissenting opinion of Justice Aquino
in People v. Pabasa, that when
several persons abducted a woman
and abused her, regardless of the
number of rapes committed, there
should only be one complex crime
of forcible abduction with rape. The
rapes committed were in the nature
of a continued crime characterized
by the same lewd design which is
an essential element in the crime of
forcible abduction. The abuse
amounting to rape is complexed
with forcible abduction because the
abduction was already
consummated when the victim was
raped. The forcible abduction must
be complexed therewith. But the
multiple rapes should be
considered only as one because
they are in the nature of a
continued crime.
NOTE: This is a dangerous view
because the abductors will commit as
much rape as they can, after all, only
one complex crime of rape would
arise.
Applying the concept of the
continued crime, the following
cases have been treated as
constituting one crime only:
(1) The theft of 13 cows
belonging to two different
persons committed by the
accused at the same place
and period of time (People v.
Tumlos, 67 Phil. 320);
(2) The theft of six roosters
belonging to two different
owners from the same coop
and at the same period of
time (People v. Jaranilla);
(3) The illegal charging of fees
for service rendered by a
lawyer every time he
collected veterans benefits
on behalf of a client who
agreed that attorneys fees
shall be paid out of such
benefits (People v. Sabbun,
10 SCRA 156). The
collections of legal fees were
impelled by the same
motive, that of collecting
fees for services rendered,
and all acts of collection
were made under the same
criminal impulse.
The Supreme Court declined to
apply the concept in the following
cases:
(1) Two Estafa cases, one which
was committed during the
period from January 19 to
December, 1955 and the
other from January 1956 to
July 1956 (People v. Dichupa,
13 Phil 306). Said acts were
committed on two
different occasions;
(2) Several malversations
committed in May, June and
July 1936 and falsifications to
conceal said offenses
committed in August and
October, 1936. The
malversations and
falsifications were not the
result of one resolution to
embezzle and falsity (People
v. CIV, 66 Phil. 351);
(3) Seventy-five estafa cases
committed by the conversion
by the agents of collections
from the customers of the

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 CRIMINAL LAW

employers made on different offenders, the Revised Penal Code

dates. classifies them as:

In the theft cases, PRINCIPAL;

the trend is to follow the single ACCOMPLICE; OR
larceny doctrine, that is ACCESSORY.
taking of several things,
whether belonging to the This classification is true only
same or different owners, under the Revised Penal Code and
at the same time and place, is not applied under special laws,
constitutes one larceny only. because the penalties under the
latter are never graduated.
Abandoned is the doctrine that Do not use the term principal
the government has the when the crime committed is a
discretion to prosecute the violation of special law (use the
accused term offender/s, culprit/s,
for one offense or accused).
for as many distinct offenses
as there are victims
As to the liability of the
5) Santiago v. Justice Garchitorena, participants in a grave, less grave
(1993) or light felony:
1. When the felony is grave, or
Here, the accused was charged with less grave, all participants
performing a single act that of are criminally liable.
approving the legalization of aliens 2. But where the felony is only
not qualified under the law. The light, only the principal and
prosecution manifested that they the accomplice are liable.
would only file one information. The accessory is not.
Subsequently, 32 amended a. Therefore, it is only
informations were filed. when the light felony is
against persons or
The Supreme Court directed the property that criminal
prosecution to consolidate the cases liability attaches
into one offense because (1) they to the principal
were in violation of the same law or accomplice, even
Executive Order No. 324; though the felony is
(2) caused injury to one party only only attempted or
the government; and frustrated, but
(3) they were done in the same accessories are not
day. liable for light felonies.

The concept of delito continuado has A. PRINCIPALS

been applied to crimes under special
1. BY DIRECT PARTICIPATION 2. BY
laws since in Article 10, the Revised
Penal Code shall be supplementary INDUCTION 3. BY INDISPENSABLE
to special laws, unless the latter COOPERATION
provides the contrary.
IV. PERSONS CRIMINALLY LIABLE

Under the Revised Penal Code, 1. BY DIRECT PARTICIPATION

when more than one person
participated in the commission of Those who are liable:
the crime, the law looks into their a. materially execute the
participation because in punishing crime

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b. appear at the scene of the
crime
c. perform acts necessary in
the commission of the
offense
Why one who does not appear
at the scene of the crime is not
liable:
a. His non-appearance is
deemed desistance which is
favored and encouraged;
b. Conspiracy is generally not
a crime unless the law
specifically provides a force for the one shouting to be
penalty therefor.
c. There is no basis for
criminal liability because
there is no criminal
participation.
2. BY INDUCTION
Inducement must be strong
enough that the person induced
could not resist.
This is tantamount to an
irresistible force compelling
the person induced to carry
out the crime.
Ill-advised language is not
enough unless he who made
such remark or advice is a
co-conspirator in the crime
committed.
When does a principal by
induction become liable:
The principal by induction
becomes liable only when
the principal by direct
participation committed the
act induced.
What are the effects of
acquittal of principal by direct
participation upon the liability of
principal by inducement:
a. Conspiracy is negated by
the acquittal of co-
defendant.
b. One cannot be held guilty of
having instigated the
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commission of a crime
without first being shown
that the crime has been
actually committed by
another.
Examples:
While in the course of a
quarrel, a person shouted to A,
Kill him! Kill him! A killed the
other person. Is the person
who shouted criminally liable?
Is that inducement? No. The
shouting must be an irresistible
liable.
There was a quarrel between
two families. One of the sons of
family A came out with a
shotgun. His mother then
shouted, Shoot! He shot and
killed someone. Is the mother
liable? No.
1) People v. Balderrama 226 SCRA
537
(1993), Ernesto shouted to his
younger brother Oscar, Birahin mo
na, birahin mo na! Oscar stabbed
the victim. It was held that there
was no conspiracy. Joint or
simultaneous action per se is not
indicia of conspiracy without
showing of common design. Oscar
has no rancor with the victim for
him to kill the latter. Considering
that Ernesto had great moral
ascendancy and influence over
Oscar, being much older (35 years
old), than the latter, who was 18
years old, and it was Ernesto who
provided his allowance, clothing, as
well as food and shelter, Ernesto is
principal by inducement.
2) People v. Agapinay, 188 SCRA
812
(1990),
The one who uttered kill him, we will
bury him. while the felonious
aggression was taking place cannot
be held liable as principal by
inducement. Utterance was said in
the excitement of the hour, not a
command to be obeyed.
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 CRIMINAL LAW

3) People v. Madall, 188 SCRA 69

(1990), the son was mauled. The When is one regarded as an
family was not in good terms with accomplice:
their neighbors. The father
challenged everybody and when the 1. Determine if there is a
neighbors approached, he went conspiracy.
home to get a rifle. The shouts of his If there is, as a general
wife here comes another, shoot rule, the criminal liability
him cannot make the wife a of all will be the same,
principal by inducement. It is not the because the act of one is
determining cause of the crime in the the act of all.
absence of proof that the words had Exception:
great influence over the husband. o If the participation
Neither is the wifes act of beaming of one is so
the victim with a flashlight
insignificant
indispensable to the killing. She
o such that even
assisted her husband in taking good
without his
aim, but such assistance merely
cooperation,
facilitated the felonious act of
o the crime would be
shooting. Considering that it was not
committed just as
so dark and the husband could have
accomplished the deed without his well,
o then
wifes help, and considering further
that doubts must be resolved in favor notwithstanding the
of the accused, the liability of the existence of a
wife is only that of an accomplice. conspiracy, such
offender will be
3. BY INDISPENSABLE COOPERATION regarded only as an
accomplice.
What is the essence of being a
principal by indispensable What are the other traits of an
cooperation: accomplice
The focus is not just on
participation but on the does not have a previous
importance of participation in agreement or
committing the crime. understanding; or
is not in conspiracy with the
The basis is the importance of principal by direct
the cooperation to the participation
consummation of the crime.
o If the crime could hardly CONSPIRATOR ACCOMPLICE
be committed without They know and agree with the
such cooperation, then criminal design.
such cooperation would Conspirators Accomplices
bring about a principal. know the come to know
o If the cooperation merely criminal about it after the
facilitated or hastened the intention principals have
consummation of the because they reached the
crime, this would make the
themselves have decision and
cooperator merely an
decided upon only then do
accomplice.
such course of they agree to
In case of doubt, favor the
action. cooperate in its
lesser penalty or liability. Apply
execution.
the doctrine of pro reo.
Conspirators Accomplices
decide that a merely assent to
B. ACCOMPLICES crime should be the plan and

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 CRIMINAL LAW

committed. cooperate in it brother or sister whether

c.
accomplishment legitimate, natural or
adopted or
Conspirators are Accomplices are d. where the accessory is a
the authors of a merely relative by affinity within
crime instruments who the same degree,
perform acts not unless the accessory himself
essential to the profited from the effects or
perpetration of proceeds of the crime or assisted
the offender to profit therefrom.
the offense.
When can one not be an
REQUISITES:
accessory:
1. That there be community of
design; He does not know of the
i. that is, knowing the criminal commission of the crime
design of the principal by direct He participated in the crime
participation, he He is already a principal or
concurs with the latter in his an accomplice
purpose;
When is an accessory exempt
2. That he cooperates in the from criminal liability:
execution of the offense
when the principal is his:
i. by previous or simultaneous 1. spouse,
acts, with the intention of 2. ascendant,
supplying material or moral aid 3. descendant,
in the execution of the crime in 4. legitimate, natural or
an efficacious way; and adopted brother, sister or
relative by affinity within
3. That there be a relation the same degree.
between the acts done by the
principal and those attributed to NOTE: Even if only two of the
the person charged as accomplice. principals guilty of murder are the
brothers of the accessory and the
PRINCIPAL by ACCOMPLICE others are not related to him, such
COOPERATION accessory is exempt from criminal
Cooperation is Cooperation is liability.
indispensable in not
the commission indispensable in When is an accessory NOT
of the act. the commission exempt from criminal liability
of the act. even if the principal is related to
him:
if such accessory
(1) profited by the
C. ACCESSORIES
effects of the crime,
When are accessories not or
criminally liable: (2) assisted the
offender to
1. When the felony committed profit by the effects of the crime
is a light felony
2. When the accessory is Other instances when one
related to the principal as becomes an accessory:
a. spouse, or
b. an ascendant, or Accessory as a fence
descendant, or

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Acquiring the effects of piracy
or brigandage
Destroying the corpus delicti
Harboring or concealing an
offender
Whether the accomplice and
the accessory may be tried and
convicted even before the
principal is found guilty
1. ACCESSORY AS A FENCE
Presidential Decree No. 1612 (Anti-
Fencing Law).
One who knowingly profits or
assists the principal to profit by
the effects of robbery or theft (i.e.
a fence) is not just an accessory
to the crime, but principally liable
for fencing
The penalty is higher than that
of a mere accessory to the crime
of robbery or theft.
Mere possession of any article
of value which has been the
subject of robbery or theft brings
about the presumption of
fencing.
Presidential Decree No. 1612
has, therefore, modified Article 19
of the Revised Penal Code.
2. ACQUIRING THE EFFECTS
PIRACY OR
BRIGANDA
GE
Presidential Decree 532 (Anti-piracy
and Anti-Hghway Robbery Law of
1974)
If the crime was piracy or
brigandage under
PD 532, o said act constitutes
the crime of abetting piracy
or abetting
brigandage as the case may
be,
100% UP LAW U P
CRIMINAL LAW
o although the penalty is that
for an accomplice, not just
an accessory, to the piracy
or brigandage.
Section 4 of PD 532 o
provides that any person
who knowingly and in
any manner
acquires or receives
property taken by
such pirates or
brigands or in any
manner derives
benefit therefrom
shall be considered as
an accomplice of the
principal offenders in
accordance with the
Rules prescribed by
the Revised Penal
Code.
o It shall be presumed that
any person who does any
acts provided in this Section
has performed them
knowingly, unless the
contrary is proven.
Although Republic Act 7659, in
amending Article 122 of the
Revised Penal Code, incorporated
therein the crime of piracy in
Philippine territorial waters and
thus correspondingly superseding
PD 532
o section 4 of said Decree,
which punishes said acts as
a crime of abetting piracy or
OF brigandage, still stands as it
has not been repealed nor
modified, and is not
inconsistent with any
provision of RA 7659.
3. DESTROYING THE CORPUS DELICTI
When the crime is robbery or
theft, with respect to the third
involvement of an accessory, do
not overlook the purpose which
must be to prevent discovery of
the crime.
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 CRIMINAL LAW

The corpus delicti is not the nephew for the latter to go to the
body of the person who is killed. province.

o Even if the corpse is not Is the aunt criminally liable? No.

recovered, as long as that Article 20 does not include an aunt.
killing is established beyond However, this is not the reason. The
reasonable doubt, criminal principal must have committed
liability will arise. either treason, parricide, murder, or
o If there is someone who attempt on the life of the Chief
destroys the corpus delicti Executive, or that the principal is
to prevent discovery, he known to be habitually guilty of some
becomes an accessory. other crime, for a person who is not
a public officer and who assists an
4. HARBORING OR CONCEALING AN offender to escape or otherwise
OFFENDER harbors, or conceals such offender,
to be criminally liable. In this case,
In the fourth form or manner of the crime committed was
becoming an accessory, take kidnapping.
note that the law
distinguishes between: o a public
officer harboring, concealing, or Criminal liability of accessory
assisting the principal to escape,
and
Revised Penal PD 1829
o a private citizen or civilian
Code (Also Known as
harboring, concealing, or the law
assisting the principal to penalizing
escape. Obstruction of
Justice)
PUBLIC OFFICER CIVILIAN Specifies the There is no
The nature of The nature of crimes that specification of
the crime is the crime is should be the crime to be
immaterial. material.
committed in committed by
case a civilian the offender in
What is For him to
material is that aids in the order that
become an
he used his escape criminal liability
accessory, the
public function be incurred
principal must
is assisting the The offender The offender
have committed
escape. is the principal need not even
the crime of
or must be be the principal
treason,
convicted of the or need not be
parricide, murder
crime charged convicted of the
or attempt on the
crime charged
life of the Chief
The one who An offender of
Executive.
harbored or any crime is no
concealed longer an
an offender is accessory but is
Illustration:
still an accessory simply an
offender without
Crime committed is kidnapping for
ransom. Principal was being chased regard to the
by soldiers. His aunt hid him in the crime of the
ceiling of her house and she told the person assisted
soldiers that her nephew had never to escape
visited her. When the soldiers left,
the aunt even gave money to her In the preceding illustration, the aunt
is not criminally liable under the

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Revised Penal Code because the
crime is kidnapping, but under PD
1829.
5. WHETHER THE ACCOMPLICE AND
THE ACCESSORY MAY BE TRIED
AND CONVICTED EVEN BEFORE
THE
PRINCIPAL IS FOUND GUILTY
There is an earlier Supreme
Court ruling that the accessory
and accomplice must be
charged together with the
principal
if the latter is acquitted, the
accomplice and accessory
shall also not be criminally
liable, unless the acquittal is
based on a defense which is
personal only to the principal.
This is not true in all cases.
It is not always true that the
accomplice and accessory
cannot be criminally liable
without the principal being
first convicted.
Under Rule 110 of the Revised
Rules on Criminal Procedure, it is
required that
all those involved in the
commission of the crime
must be included in the
information that may be filed.
The liability of the accused will
depend on the quantum of
evidence adduced by the
prosecution against the particular
accused.
But the prosecution must
initiate the proceedings
against the principal.
Even if the principal
convicted,
if the evidence presented
against a supposed
accomplice or accessory
100% UP LAW U P
CRIMINAL LAW
does not meet the required
proof beyond reasonable
doubt,
then said accused will be
acquitted.
So the criminal liability of an
accomplice or accessory does not
depend on the criminal liability of
the principal but depends on the
quantum of evidence. But if
the evidence shows that
the act done does not
constitute a crime and
the principal is acquitted,
then the supposed
accomplice and accessory
should also be acquitted.
If there is no crime, then there
is no criminal liability, whether
principal, accomplice, or
accessory.
1) Taer v. CA (1990),
Facts: Accused received from his co-
accused two stolen male carabaos.
Conspiracy was not proven. Taer was
held liable as an accessory in the
crime of cattle-rustling under PD 533.
Taer should have been liable for
violation of the Anti-Fencing
Law since castlerustling is a
form of theft or robbery of
large cattle, except that he was
not charged with fencing.
2) Enrile v. Amin 189 SCRA 573
(1990), A person charged with
rebellion should not be separately
charged under PD 1829. The
theory of absorption must not
confine itself to common crimes
but also to offenses punished
under special laws which are
perpetrated in furtherance of the
is political offense.
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 CRIMINAL LAW

2. Must be COMMENSURATE with

the offense different crimes
must be punished with different
penalties.
3. Must be PERSONAL no one
should be punished for the crime
of another.
4. Must be LEGAL it is the
consequence of a judgment
according to law.
5. Must be CERTAIN no one may
escape its effects.
6. Must be EQUAL for all.
7. Must be CORRECTIONAL.

Theories justifying penalty:

1. PREVENTION to suppress
danger to the State
2. SELF-DEFENSE to protect the
society from the threat and wrong
inflicted by the criminal.
3. REFORMATION to correct and
reform the offender.
4. EXEMPLARITY to serve as an
example to deter others from
committing crimes.
5. JUSTICE for retributive justice,
a vindication of absolute right and
moral law violated by the criminal.

Purpose of penalty under the RPC:

1. RETRIBUTION OR EXPIATION
the penalty is commensurate with
the gravity of the offense.
2. CORRECTION OR
REFORMATION as shown by the
rules which regulate the execution
of the penalties consisting in
deprivation of liberty.
3. SOCIAL DEFENSE shown by
its inflexible severity to recidivist
and habitual delinquents.

VI. PENALTIES This Section discusses the following:

Penalty is the suffering that is A. GENERAL PRINCIPLES

inflicted by the State for the
transgression of a law. B. PENALTIES WHICH MAY BE
IMPOSED
Different Juridical Conditions of
Penalty: C. ACCESSORY PENALTIES

D. PENALTIES WHICH MAY BE

1. Must be PRODUCTIVE OF
IMPOSED
SUFFERING, without affecting the
integrity of the human personality.

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 CRIMINAL LAW

E. MEASURES NOT CONSIDERED 1987 CONSTITUTION

PENALTY Section 18. (1) No person shall be
detained solely by reason of his
F. APPLICATION AND political beliefs and aspirations.
COMPUTATION OF PENALTIES (2) No involuntary servitude in any
form shall exist except as a
G. SPECIAL RULES punishment for a crime whereof the
party shall have been duly convicted.
H. THE INDETERMINATE SENTENCE
Section 19. (1) Excessive fines
LAW
shall not be imposed, nor cruel,
I. EXECUTION AND SERVICE OF degrading or inhuman punishment
PENALTIES inflicted. Neither shall death penalty
be imposed, unless, for compelling
reasons involving heinous crimes, the
I. A. GENERAL PRINCIPLES
Congress hereafter provides for it.
Any death penalty already imposed
Art. 21. Penalties that may be shall be reduced to reclusion
imposed. No felony shall be perpetua.
punishable by any penalty not Section 20. No person shall be
prescribed by law prior to its
imprisoned for debt or non-payment
commission.
of a poll tax.
Section 22. No ex post facto law or
This article prohibits the
bill
Government from punishing any
of attainder shall be enacted.
person for any felony with any
penalty which has not been
prescribed by the law.
It has no application to any of II.
B. PENALTIES WHICH MAY BE
the provisions of the RPC for the
IMPOSED
reason that for every felony
defined in the Code, a penalty has
been prescribed. Art. 25. Penalties which may be
REASON: An act or omission imposed.
cannot be punished by the State if
at the time it was committed The penalties which may be imposed
there was no law prohibiting it, according to this Code, and their
because a law cannot be different classes, are those included
rationally obeyed unless it is first in the following:
shown, and a man cannot be
A.
expected to obey an order that Scale OF PRINCIPAL PENALTIES
has not been given.
Capital punishment:
Death.
A. OTHER CONSTITUTIONAL
PROHIBITIONS Afflictive penalties:
Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary
absolute disqualification,
Perpetual or temporary special
disqualification,
Prision mayor.

Correctional penalties:
Prision correccional,
Arresto mayor,
Suspension,

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 CRIMINAL LAW

Destierro. According to subject-matter

Corporal

Light penalties: (death)
Arresto menor, Deprivation of freedom
Public censure. (reclusion, prision, arresto)
Restriction of freedom
Penalties common to the three (destierro)
preceding classes: Deprivation of rights
Fine, and (disqualification and
Bond to keep the peace. suspension)
Pecuniary
(fine)
B.
SCALE OF ACCESSORY
PENALTIES Perpetual or According to their gravity
temporary absolute disqualification, Capital
Perpetual or temporary special Afflictive
disqualification, Correctional
Suspension from public office, Light
the right to vote and be voted for, NOTE:
the profession or calling. Public censure is a penalty,
Civil interdiction, thus, it is not proper in
Indemnification, acquittal.
Forfeiture or confiscation of However, the Court in
instruments and proceeds of the acquitting the accused may
offense, Payment of costs. criticize his acts or conduct.

Penalties that are either

C. MaJOR CLASSIFICATION principal or accessory:
Perpetual or temporary
PRINCIPAL PENALTIES those absolute disqualification,
expressly imposed by the court in perpetual or temporary special
the judgment of conviction. disqualification, and
ACCESSORY PENALTIES those that suspension
are deemed included in the may be principal or
imposition of the principal penalties. accessory penalties,
because they formed in the
2 general classes.
D. Other classifications of
penalties:

According to their divisibility: III. C. SPECIFIC PRINCIPAL AND

Divisible ACCESSORY PENALTIES
those that have fixed
duration and are
divisible into three periods. A. CAPITAL PUNISHMENT
Indivisible
those which have no fixed 1. Death penalty
duration. Death
Reclusion RA 9346 or An Act Prohibiting
perpetua the Imposition of Death Penalty in
Perpetual the
absolute or special Philippines
disqualification expressly repealed RA 8177 or
Public Act Designating Death by
censure

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 CRIMINAL LAW

Lethal Injection and RA 7659 Art. 27. Reclusion perpetua. Any

or Death Penalty Law. person sentenced to any of the
perpetual penalties shall be pardoned
RA 9346 repealed all the other after undergoing the penalty for thirty
years, unless such person by reason
laws imposing death penalty.
of his conduct or some other serious
Section 2 states that: In lieu of cause shall be considered by the
the death penalty, the Chief Executive as unworthy of
following shall be imposed: pardon.
Reclusion temporal. The penalty of
a. the penalty of reclusion reclusion temporal shall be from
perpetua, when the law twelve years and one day to twenty
violated makes use of the years.
nomenclature of the Prision mayor and temporary
penalties of the Revised disqualification. The duration of the
penalties of prision mayor and
Penal Code; or temporary disqualification shall be
b. the penalty of life from six years and one day to twelve
imprisonment, when the law years, except when the penalty of
violated does not make use disqualification is imposed as an
of the nomenclature of the accessory penalty, in which case its
penalties of the Revised duration shall be that of the principal
Penal Code. penalty.

B. AFFLICTIVE PENALTIES

The following table also contains DISQUALIFICATION as an afflictive penalty

, because its different forms can also be imposed as a principal although it is
primarily categorized as an accessory penalty.

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 CRIMINAL LAW

Penalty Duration Effects Accessorie

s
Death Indivisible
(REPEALED)
Death, when not PAD
executed due to Civil
pardon or
commutation interdiction
(REPEALED) 30 yrs from
sentence
PAD
20 years & 1
Civil
day to 40
Reclusion perpetua interdiction
years
for life
(Indivisible)

Perpetual absolute
disqualification (PAD)

Perpetual special
disqualification (PSD)

PAD
Civil
12 years & 1
Reclusion temporal interdiction
day to 20
for
years
duration of
sentence
6 years & 1 TAD
Prision mayor day to 12 PSD of
years suffrage

Temporary absolute
disqualification

Temporary special
disqualification

Duration: 20 years and 1 day to 40 years

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 CRIMINAL LAW

Art. 41. Reclusion perpetua and

reclusion temporal; Their accessory
Accessory Penalties:
penalties. The penalties of
a. Civil interdiction
reclusion perpetua and reclusion for life or during
temporal shall carry with them that the period of the
of civil interdiction for life or during sentence as the
the period of the sentence as the case may be.
case may be, and that of perpetual b. Perpetual
absolute disqualification which the Absolute
offender shall suffer even though Disqualification
pardoned as to the principal penalty, which the
unless the same shall have been offender shall
expressly remitted in the pardon. 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 1) People v. Gatward (1997)

penalties. The penalty of prision Facts: The accused was convicted of
mayor, shall carry with it that of violating the Dangerous Drugs Act for
temporary absolute disqualification unlawfully importing into the Philippines
and that of perpetual special heroin. The trial court sentenced the
disqualification from the right of accused to suffer the penalty of
suffrage which the offender shall imprisonment for 35 years of reclusion
suffer although pardoned as to the perpetua there being no aggravating or
mitigating circumstance shown to have
principal penalty, unless the same
attended in the
shall have been expressly remitted in
commission of the crime.
the pardon.
in People v. Diquit. "Since reclusion
Held: As amended by RA 7659, the
perpetua is an indivisible penalty, it
penalty of reclusion perpetua is now
has no minimum, medium or
accorded a defined duration ranging
maximum periods. It is imposed in its
from 20 years and 1 day to 40 years.
entirety regardless of any mitigating
The Court held that in spite of the
or aggravating circumstances that
amendment putting the duration of
may have attended the commission
RP, it should remain as an indivisible
of the crime. (Art. 63, Revised Penal
penalty since there was never intent
Code) Reclusion Perpetua is
on the part of Congress to reclassify
imprisonment for life but the person
it into a divisible penalty. The
sentenced to suffer it shall be
maximum duration of reclusion
pardoned after undergoing the
perpetua is not and has never been
penalty for thirty (30) years, unless
30 years which is merely the number
by reason of his conduct or some
of ears which the convict must serve
other serious cause, he shall be
in order to be eligible for pardon or
considered by the Chief Executive as
for the application of the 3fold rule.
unworthy
of pardon (Art. 27, Revised Penal
2) People v. Ramirez (2001) Code)."
The SC disagrees with the trial court
in sentencing appellant "to suffer
Distinguished from Life
imprisonment of forty (40) years
Imprisonment
reclusion perpetua." There was no
justification or need for the trial court
3) People v. Ballabare (1996)
to specify the length of
The trial court erred in imposing the
imprisonment, because reclusion
penalty of life imprisonment for
perpetua is an indivisible penalty.
violation of PD 1866. The crime of
The significance of this fundamental
illegal possession of firearm in its
principle was laid down by the Court

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 CRIMINAL LAW

aggravated form is punished by the 3) PRISION MAYOR

penalty of death. Since the offense
was committed on Sep. 16, 1990, at Duration: 6 years and 1 day to
a time when the imposition of the 12 years
death penalty was prohibited, the
penalty next lower in degree which is Accessory Penalties:
reclusion perpetua should be a. Temporary Absolute
imposed. This is not equivalent to life Disqualification
imprisonment. While life b. Perpetual Special
imprisonment may appear to be the Disqualification from the right
English translation of reclusion to suffrage which the offender
perpetua, in reality, it goes deeper shall suffer although pardoned
than that. as to the principal penalty
unless the same shall have
LIFE RECLUSION been expressly remitted in the
IMPRISONMENT PERPETUA pardon.
Imposed for Prescribed under
serious offenses the RPC
penalized by
B.
special laws C. CORRECCIONAL PENALTIES
Does not carry Carries with it
with it accessory accessory Art. 27 (4). Prision correccional,
penalties penalties suspension, and destierro.
Does not appear Entails
to have any imprisonment The duration of the penalties of
definite for at least 30 prision correccional, suspension and
extent or years after destierro shall be from six months
duration and one day to six years, except
which the when suspension is imposed as an
convict becomes accessory penalty, in which case, its
eligible for duration shall be that of the principal
pardon although penalty.
the maximum
period shall in Arresto mayor. The duration of the
no case exceed penalty of arresto mayor shall be
from one month and one day to six
40 years months.
2) RECLUSION TEMPORAL

Duration: 12 years and 1 day

to 20 years

Accessory Penalties:
a. Civil interdiction for life or
during the period of the
sentence as the case may be.
b. 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.

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 CRIMINAL LAW

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.
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. (As amended by RA
5465, April 21, 1969).

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.

Penalty Duration Effects Accesso ries

Suspension from
public office
Prision correccional 6 months & 1 Suspension from
day to 6 profession or
years calling PSD of
suffrage, if penalty
exceeds 18 mos.
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 CRIMINAL LAW

6 months & 1 Public office

Suspension
day to 6 Profession or
years calling Suffrage
Prohibition to
Destierro enter w/in 25-
6 months & 1
250 km radius
day to 6
from the
years
designated
place
Suspension of right
Arresto mayor 1 month & 1 to hold office and
day to 6 right of suffrage
months

Art. 27 (6). Arresto menor. The

1) PRISION CORRECCIONAL
Duration: 6 months and 1 day
to 6 years
duration of the penalty of arresto
menor shall be from one day to thirty
days.
Art. 39. Subsidiary penalty. SUPRA

Accessory Penalties: Art. 44. Arresto; Its accessory

a. Suspension from public office penalties. The penalty of arresto
b. Suspension from the right to shall carry with it that of suspension
follow a profession or calling of the right too hold office and the
c. Perpetual Special right of suffrage during the term of
Disqualification fro the right of the sentence.
suffrage, if the duration of the
imprisonment shall exceed 18 1) ARRESTO MENOR
months
Duration: 1 day to 30 days

Accessory Penalties:
a. Suspension of right to hold
office
b. Suspension of the right of
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suffrage during
the term of the sentence.
2) ARRESTO MAYOR
2) PUBLIC CENSURE
Duration: 1 month and 1 day
Censure, being a penalty is not
to 6 months
proper in acquittal.
C. LIGHT PENALTIES
Accessory Penalties:
a. Suspension of right to
hold office D.
PENALTIES COMMON TO
b. Suspension of the right AFFLICTIVE,
of suffrage CORRECCIONAL AND LIGHT
during the term of the sentence. PENALTIES

1) FINE

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Art. 26. When afflictive, correctional,
or light penalty.
A fine, whether imposed as a single of
as an alternative penalty, shall be
considered an afflictive penalty, if it
exceeds 6,000 pesos; a correctional
penalty, if it does not exceed 6,000
pesos but is not less than 200 pesos;
and a light penalty if it less than 200
pesos.
This article merely classifies
fine and has nothing to do with
the definition of light felony.
Fine is:
1. Afflictive over P6,000
2. Correctional P200 to
P6,000
3. Light Penalty less than
P200
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.
The court can fix any amount of
the fine within the limits
established by law.
The court must consider:
The mitigating and aggravating
circumstances; and
More particularly, the wealth or
means of the culprit.
When the law does not fix the
minimum of the fine,
the determination of the
amount of the fine to be
imposed upon the culprit
is left to the sound discretion of
the court,
provided it shall not exceed the
maximum authorized by law.
Fines are not divided into 3
equal portions.
2) BOND TO KEEP THE PEACE
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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.
1. 2 WAYS OF GIVING BOND
1) The offender must present
2 sufficient sureties who shall
undertake that
the offender will not commit
the offense sought to be
prevented,
and that in case such
offense be committed
they will pay the amount
determined by the court;
2) The offender must
deposit such amount with the
clerk of court to guarantee said
undertaking;
The court shall determine the
period of duration of the bond.
The offender may be detained,
if he cannot give the bond,
for a period not to exceed 6
months if prosecuted for grave
or less grave felony, or
for a period not to exceed 30
days, if for a light felony.
Bond to keep the peace is
different from bail bond which is
posted for the provisional release
of a person arrested for or
accused of a crime.
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 CRIMINAL LAW

1) PERPETUAL OR TEMPORARY
ABSOLUTE DISQUALIFICATION

Art. 30. Effects of the penalties of

perpetual or temporary absolute
disqualification. The penalties of
perpetual or temporary absolute
disqualification for public office shall
produce the following effects:

1. The deprivation of the public

offices and employments which the
offender may have held even if
Penalty Duration conferred by popular
Effects election.
Accessories
2. The deprivation of the right to
Suspension
vote in any election for anyof popular
Arresto menor 1 day to 30 right totohold
office or to be elected suchoffice
office.
days 3. and right of
The disqualification for the
offices or publicsuffrage
employments and
for the exercise of any of the rights
Public censure mentioned.
Penalty (Common In case of temporary disqualification,
to All Three Types) such disqualification as is comprised
in paragraphs 2 and 3 of this
Fine article shall
last during the term of the
sentence.
4. The loss of all rights to
retirement pay or other pension for
any office formerly held.

IV. D. ACCESSORY PENALTIES

1) Perpetual or temporary
absolute disqualification,

2) Perpetual or temporary special

disqualification,

3) Suspension from public office,

the right to vote and be voted for,
the profession or calling.

4) Civil interdiction,

5) Indemnification/ Forfeiture or
confiscation of instruments and
proceeds of the offense, Effects:

6) Payment of costs.

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 CRIMINAL LAW

a. Deprivation of any public office property and of the right to dispose of

or employment f offender such property by any act or any
conveyance inter vivos.
b. Deprivation of the right to vote
in any election or to be voted Art. 45. Confiscation and forfeiture of
upon the proceeds or instruments of the
crime. Every penalty imposed for
c. Loss of rights to retirement pay the commission of a felony shall carry
or with it the forfeiture of the proceeds
pension of the crime and the instruments or
tools with which it was committed.
All these effects Such proceeds and instruments or
last during the lifetime of the tools shall be confiscated and
convict and even after the forfeited in favor of the Government,
service of the sentence unless they be property of a third
except as regards paragraphs 2 person not liable for the offense, but
and 3 of the above in connection those articles which are not subject of
with temporary absolute lawful commerce shall be destroyed.
disqualification.

Art. 32. Effect of the penalties of 2) PERPETUAL OR TEMPORARY

perpetual or temporary special SPECIAL DISQUALIFICATION
disqualification for the exercise of the
right of suffrage. The perpetual or
temporary special disqualification for Art. 31. Effect of the penalties of
the exercise of the right of suffrage perpetual or temporary special
shall deprive the offender perpetually disqualification. The penalties of
or during the term of the sentence, perpetual or temporal special
according to the nature of said disqualification for public office,
penalty, of the right to vote in any profession or calling shall produce the
popular election for any public office following effects:
or to be elected to such office.
Moreover, the offender shall not be 1. The deprivation of the office,
permitted to hold any public office employment, profession or calling
during the period of his affected;
disqualification. 2. The disqualification for holding
similar offices or employments either
Art. 33. Effects of the penalties of perpetually or during the term of the
suspension from any public office, sentence according to the extent of
profession or calling, or the right of such disqualification.
suffrage. The suspension from
public office, profession or calling, and Effects:
the exercise of the right of suffrage
shall disqualify the offender from For public office, profession or calling:
holding such office or exercising such
profession or calling or right of a. Deprivation of the office,
suffrage during the term of the
employment, profession or
sentence.
calling affected;
The person suspended from holding
public office shall not hold another
having similar functions during the b. Disqualification for holding
period of his suspension. similar offices or employments
during the period of
disqualification;
Art. 34. Civil interdiction. Civil
interdiction shall deprive the offender
For the exercise of right to suffrage:
during the time of his sentence of the
rights of parental authority, or
a. Deprivation of the right to vote or
guardianship, either as to the person
or property of any ward, of marital to be elected in an office;
authority, of the right to manage his

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 CRIMINAL LAW

b. Cannot hold any public office person not liable for the offense is
during not subject to confiscation.
the period of disqualification If the trial court did not order any
confiscation of the procees of the
crime, the government cannot appeal
from the confiscation as that would
The penalty for disqualification if increase the penalty already
imposed as an accessory penalty is imposed.
imposed for PROTECTION and NOT
for the withholding of a privilege. PAYMENT OF COSTS
Temporary disqualification or Includes:
suspension if imposed as an a. Fees, and
accessory penalty, the duration is the b. Indemnities, in the course of
same as that of the principal penalty. judicial
proceedings.
SUSPENSION FROM PUBLIC OFFICE,
THE RIGHT TO VOTE AND BE VOTED Costs may be fixed amounts
FOR, THE RIGHT TO PRACTICE A already determined by law or
PROFESSION OR CALLING regulations or amounts subject to a
schedule.
Effects: If the accused is convicted; costs
a. Disqualification from holding may be charged against him. If he is
such office or the exercise of acquitted, costs are de officio,
such profession or right of meaning each party bears his own
suffrage during the term of the expense.
sentence;
b. Cannot hold another office E. MEASURES NOT CONSIDERED
having similar functions during PENALTY
the period of suspension.
RPC, Art. 24. Measures of
CIVIL INTERDICTION
prevention or safety which
Effects:
are nor considered penalties.
Deprivation of the following rights:
The following shall not be considered
1) Parental authority
as penalties:
2) Guardianship over the ward
1. The arrest and temporary
3) Marital authority
detention of accused persons, as well
4) Right to manage property and as their detention by reason of
to dispose of the same by acts insanity or imbecility, or illness
inter vivos requiring their confinement in a
hospital.
Civil interdiction is an accessory 2. The commitment of a
penalty to the following principal minor to any of the institutions
penalties: mentioned in Article 80 and for the
purposes specified therein.
a) Death if commuted to life
3. Suspension from the
imprisonment;
employment of public office during
b) Reclusion perpetua
the trial or in order to institute
c) Reclusion temporal proceedings.
4. Fines and other corrective
INDEMNIFICATION OR CONFISCATION OF measures which, in the exercise of
INSTRUMENTS ORPROCEES OF THEOFFENSE
their administrative disciplinary
powers, superior officials may impose
This is included in every penalty for upon their subordinates.
the commission of the crime. 5. Deprivation of
The confiscation is in favor of the rights and the reparations
government. Property of a third which the civil laws may establish in
penal form.

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 CRIMINAL LAW

judgment of conviction shall have

They are not penalties because
they are not imposed as a result of
judicial proceedings. Those
mentioned in par. 3 and 4 are merely
preventive measures before
conviction of offenders. The
commitment of a minor mentioned in
par. 2 is not a penalty because it is
not imposed by the court in a
judgment of conviction. The
imposition of the sentence in such
case is suspended.
The succeeding provisions are
some examples of deprivation of
rights established in penal form:
Family Code, Art. 228. Parental
authority terminates permanently:
(1) Upon the death of the
parents; (2) Upon the death
of the child; or
(3) Upon emancipation of the child.
(327a)
Family Code, Art.
229. Unless subsequently
revived by a final judgment, parental
authority also terminates:
(1) Upon adoption of the child;
(2) Upon appointment of a
general
guardian;
(3) Upon judicial
declaration of
abandonment of the child in a case
filed for the purpose;
(4) Upon final judgment of a
competent
court divesting the party concerned
of parental authority; or
(5) Upon judicial declaration of
absence
or incapacity of the person exercising
parental authority. (327a)
F. APPLICATION AND COMPUTATION
OF
PENALTIES
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
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.
Rules for the computation of
penalties:
1. WHEN THE OFFENDER IS IN
PRISON the duration of
temporary penalties is from the
day on which the judgment of
conviction becomes final.
2. WHEN THE OFFENDER IS NOT
IN PRISON the duration of
penalty consisting in deprivation
of liberty, is from the day that the
offender is placed at the disposal
of judicial authorities for the
enforcement of the penalty.
3. THE DURATION OF OTHER
PENALTIES the duration is from
the day on which the
offender commences to serve his
sentence
Examples of temporary penalties:
1. Temporary absolute
disqualification
2. Temporary special
disqualification
3. Suspension
If offender is under detention, as
when he is undergoing preventive
imprisonment, Rule No. 1 applies.
If not under detention, because the
offender has been released on bail,
Rule No. 3 applies.
Examples of penalties consisting in
deprivation of liberty:
1. Imprisonment
2. Destierro
When the offender is not in prison,
Rule No. 2 applies.
If the offender is undergoing
preventive imprisonment, Rule No. 3

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applies but the offender is entitled to
a deduction of full time or 4/5 of the
time of his detention.
Art. 29. Period of preventive
imprisonment deducted from term of
imprisonment. Offenders who have
undergone preventive imprisonment
shall be credited in the service of their
sentence consisting of deprivation of
liberty, with the full time during which
they have undergone preventive
imprisonment, if the detention
prisoner agrees voluntarily in writing
to abide by the same disciplinary
rules imposed upon convicted
prisoners, except in the following
cases:
1. When they are recidivists
or have been convicted previously
twice or more times of any crime; and
2. When upon being
summoned for the execution of their
sentence they have failed to
surrender voluntarily.
If the detention prisoner does
not agree to abide by the same
disciplinary rules imposed upon
convicted prisoners, he shall be
credited in the service of his sentence
with four-fifths of the time during
which he has undergone preventive
imprisonment. (As amended by
Republic Act 6127, June 17, 1970).
Whenever an accused has
undergone preventive imprisonment
for a period equal to or more than the
possible maximum imprisonment of
the offense charged to which he may
be sentenced and his case is not yet
terminated, he shall be released
immediately without prejudice to the
continuation of the trial thereof or the
proceeding on appeal, if the same is
under review. In case the maximum
penalty to which the accused may be
sentenced is destierro, he shall be
released after thirty (30) days of
preventive imprisonment. (As
amended by E.O. No. 214, July 10,
1988).
The accused undergoes preventive
imprisonment when the offense
charged is nonbailable, or even if
bailable, he cannot furnish the
required bail.
The convict is to be released
immediately if the penalty imposed
after trial is less than the full time or
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CRIMINAL LAW
four-fifths of the time of the
preventive imprisonment.
The accused shall be released
immediately whenever he has
undergone preventive
imprisonment for a period equal to or
more than the possible maximum
imprisonment for the offense
charged.
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.
GENERAL RULE:
The penalty prescribed by law in
general terms shall be imposed:
a. Upon the principals
b. For consummated felony
EXCEPTION:
The exception is when the penalty to
be imposed upon the principal in
frustrated or attempted felony is
fixed by law.
Whenever it is believed that the
penalty lower by one or two degrees
corresponding to said acts of
execution is not in proportion to the
wrong done, the law fixes a distinct
penalty for the principal in frustrated
or attempted felony. The
graduation of penalties by degrees
refers to STAGES OF EXECUTION
(consummated, frustrated or
attempted) and to the DEGREE OF
THE CRIMINAL PARTICIPATION OF THE
OFFENDER (whether as principal,
accomplice or accessory)
The division of a divisible penalty
into three periods, as maximum,
medium and minimum, refers to the
proper period of the penalty which
should be imposed when aggravating
or mitigating circumstances attend
the commission of the crime.
People v. Formigones (1950)
Facts: The accused without a
previous quarrel or provocation took
2 0 0 8 Page 74 of 103

his bolo and stabbed his wife in the
back resulting to the latters death.
The accused was sentenced to the
penalty of reclusion perpetua.
Held: The penalty applicable for
parricide under Art. 246 of the RPC is
composed only of 2 indivisible
penalties, reclusion perpetua to
death. Although the commission of
the act is attended by some
mitigating circumstance without any
aggravating circumstance to offset
them, Art. 63 of the RPC should be
applied. The said article provides that
when the commission of the act is
attended by some mitigating
circumstance and there is no
aggravating circumstance, the lesser
penalty shall be applied.
PRINCIPALS, ACCOMPLICES AND
ACCESSORIES IN CONSUMMATED,
FRUSTRATED AND ATTEMPTED
FELONIES.
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.
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. 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.
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.
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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 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 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.
CONS FRUSTR ATTEMP
U A TED T ED
MMATE
D
PRINCI 0 1 2
PALS
ACCOM 1 2 3
PLICES
ACCESS 2 3 4
ORIES
DIAGRAM OF THE APPLICATION OF
ARTS.
50-57:
0 represents the penalty prescribed
by law in defining a crime, which is to
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be imposed n the PRINCIPAL in a
CONSUMMATED OFFENSE, in
accordance with the provisions of Art.
46. The other figures represent the
degrees to which the penalty must be
lowered, to meet the different
situation anticipated by law.
EXCEPTIONS: Arts. 50 to 57 shall not
apply to cases where the law
expressly prescribes the penalty for
frustrated or attempted felony, or to
be imposed upon accomplices or
accessories.
BASES FOR THE DETERMINATION OF
THE EXTENT OF PENALTY:
1. The stage reached by the crime
in its development (either
attempted, frustrated or
consummated)
2. The participation therein of the
person liable.
3. The aggravating or mitigating
circumstances which attended
the commission of the crime.
A DEGREE is one entire penalty,
one whole penalty or one unit of the
penalties enumerated in the
graduated scales provided for in Art.
71. Each of the penalties of reclusion
perpetua, reclusion temporal, prision
mayor, etc., enumerated in the
graduated scales of Art. 71 is a
degree.
When there is a mitigating or
aggravating circumstance, the
penalty is lowered or increased by
PERIOD only, except when the
penalty is divisible and there are two
or more mitigating and without
aggravating circumstances, in which
case the penalty is lowered by
degree.
A PERIOD is one of the three equal
portions called the minimum,
medium and maximum of a divisible
penalty.
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
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felony, or to be imposed upon
accomplices or accessories.
Arts. 50 to 57 shall not apply to
cases where the law expressly
prescribes the penalty for frustrated
or attempted felony, or to be
imposed upon accomplices or
accessories.
GENERAL RULE: An accomplice is
punished by a penalty one degree
lower than the penalty imposed upon
the principal.
EXCEPTIONS:
a. The ascendants, guardians,
curators, teachers and any
person who by abuse of
authority or confidential
relationship, shall cooperate as
accomplices in the crimes of
rape, acts of lasciviousness,
seduction, corruption of minors,
white slate trade or abduction.
(Art. 346)
b. One who furnished the place
for the perpetration of the crime
of slight illegal detention. (Art.
268)
GENERAL RULE: An accessory is
punished by a penalty two degrees
lower than the penalty imposed upon
the principal.
EXCEPTION: When accessory is
punished as principal knowingly
concealing certain evil practices is
ordinarily an act of the accessory, but
in Art. 142, such act is punished as
the act of the principal.
When accessories are punished with
a penalty one degree lower:
a. Knowingly using counterfeited
seal or forged signature or
stamp of the
President (Art. 162).
b. Illegal possession and use of a
false treasury or bank note (Art.
168).
c. Using falsified document (Art.
173 par.3 )
d. Using falsified dispatch (Art.
173 par. 2)
Art. 61. Rules for graduating
penalties. For the purpose of
graduating the penalties which,
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 CRIMINAL LAW

according to the provisions of Articles same, and upon accomplices and

50 to 57, inclusive, of this Code, are accessories.
to be imposed upon persons guilty as
principals of any frustrated or This article provides for the rules to
attempted felony, or as accomplices be observed in lowering the penalty
or accessories, the following rules by one or two degrees.
shall be observed: a. For the principal in frustrated
1. When the penalty felony one degree lower;
prescribed for the felony is single and b. For the principal in attempted
indivisible, the penalty next lower in felony two degrees lower;
degrees shall be that immediately c. For the accomplice in
following that indivisible penalty in consummated felony
the respective graduated scale one degree lower; and
prescribed in Article 71 of this Code. d. For the accessory in
2. When the penalty consummated felony two
prescribed for the crime is composed
degrees lower.
of two indivisible penalties, or of one
The rules provided for in Art. 61
or more divisible penalties to be
should also apply in determining the
impose to their full extent, the
MINIMUM of the indeterminate
penalty next lower in degree shall be
penalty under the Indeterminate
that immediately following the lesser
Sentence Law. The MINIMUM of the
of the penalties prescribed in the
respective graduated scale. indeterminate penalty is within the
range of the penalty next lower than
3. When the penalty
prescribed for the crime is composed that prescribed by the RPC for the
of one or two indivisible penalties and offense.
the maximum period of another Those rules also apply in lowering
divisible penalty, the penalty next the penalty by one or two degrees by
lower in degree shall be composed of reason of the presence of privileged
the medium and minimum periods of mitigating circumstance (Arts. 68 and
the proper divisible penalty and the 69), or when the penalty is divisible
maximum periods of the proper and there are two or more mitigating
divisible penalty and the maximum circumstances (generic) and no
period of that immediately following aggravating circumstance (Art. 64).
in said respective graduated scale. The lower penalty shall be taken
4. when the penalty from the graduated scale in Art. 71.
prescribed for the crime is composed
of several periods, corresponding to The INDIVISIBLE PENALTIES are:
different divisible penalties, the a. death
penalty next lower in degree shall be b. reclusion perpetua
composed of the period immediately c. public censure
following the minimum prescribed The DIVISIBLE PENALTIES are:
and of the two next following, which a. reclusion temporal
shall be taken from the penalty b. prision mayor
prescribed, if possible; otherwise from c. prision correccional
the penalty immediately following in d. arresto mayor
the above mentioned respective e. destierro
graduated scale. f. arresto menor
5. When the law prescribes * the divisible penalties are divided
a penalty for a crime in some manner into three
not especially provided for in the four periods: MINIMUM, MEDIUM AND THE
preceding rules, the courts, MAXIMUM
proceeding by analogy, shall impose
corresponding penalties upon those RULES:
guilty as principals of the frustrated
felony, or of attempt to commit the
FIRST RULE:

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 CRIMINAL LAW

When the penalty is single and period to Reclusion perpetua

indivisible. The same rule shall be observed
Ex. reclusion perpetua in lowering the penalty by one or two
The penalty immediately following degrees.
it is reclusion temporal. Thus,
reclusion temporal is the penalty next FOURTH RULE:
lower in degree. When the penalty is composed of
several periods
SECOND RULE: - This rule contemplates a
When the penalty is composed of two penalty composed of at least 3
indivisible penalties periods. The several periods must
Ex. reclusion perpetua to death correspond to different divisible
The penalty penalties.
immediately following the Ex. Prision Mayor in its MEDIUM
lesser of the penalties, which is period to Reclusion temporal in
reclusion perpetua, is reclusion its MINIMUM period.
temporal.
When the penalty is composed of one Reclusion Maximu
or more divisible penalties to be temporal m
imposed to their full extent Medium
Ex. prision correccional to prision Minimum Penalty for
mayor Prision Maximu the principal
The penalty Mayor m in the
immediately following the Medium consummated
lesser of the penalties of prision felony
correccional to prision mayor is
Minimum Penalty for
arresto mayor.
Prision Maximu the
Correccional m accomplice;
THIRD RULE: or
Medium
When the penalty is composed of two principal in
indivisible penalties and the frustrated
maximum period of a divisible penalty
felony
Ex. reclusion temporal in its
Minimum
MAXIMUM period to death
FIFTH RULE:
Death
When the penalty has two periods Ex.
Reclusi Penalty for the
Prision correccional in its
on principal in
MINIMUM and MEDIUM periods
Perpetu consummated
a murder
Prision Maximu
Maximu
correccional m
Reclusi m
Medium The penalty
on Medium Penalty for
Minimum prescribed for
Tempor Minimum accomplice; or
the felony
al for
principal in Maximu
Maximu Arresto m The penalty
Prision m frustrated
murder Mayor Medium next lower
Mayor Minimum
Medium
Minimum
When the penalty has one period
When the penalty is composed of one - If the penalty is any one of the
indivisible penalty and the maximum three periods of a divisible penalty,
period of a divisible penalty the penalty next lower in degree shall
be that period next following the
Ex. Reclusion temporal in its
given penalty.
MAXIMUM

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Ex. Prision Mayor in its MAXIMUM
period The penalty immediately
inferior is prision mayor in its
MEDIUM period.
SIMPLIFIED RULES:
The rules prescribed in pars. 4 and 5
of Art. 61 may be simplified as
follows:
1. If the penalty prescribed by the
Code consists in 3 periods,
corresponding to different divisible
penalties, the penalty next lower
in degree is the penalty consisting
in the 3 periods down in the scale.
2. If the penalty prescribed b the
Code consists in 2 periods, the
penalty next lower in degree is the
penalty consisting in 2 periods
down in the scale.
3. If the penalty prescribed by the
Code consists in only 1 period, the
penalty next lower in degree is the
next period down in the scale.
EFFECTS OF MITIGATING AND
AGGRAVATING CIRCUMSTANCES
Art. 62. Effect of the attendance of
mitigating or aggravating
circumstances and of habitual
delinquency. Mitigating or
aggravating circumstances and
habitual delinquency shall be taken
into account for the purpose of
diminishing or increasing the penalty
in conformity with the following rules:
1. Aggravating circumstances
which in themselves constitute a
crime specially punishable by law or
which are included by the law in
defining a crime and prescribing the
penalty therefor shall not be taken
into account for the purpose of
increasing the penalty.
2. The same rule shall apply with
respect to any aggravating
circumstance inherent in the crime to
such a degree that it must of
necessity accompany the commission
thereof.
3. Aggravating or mitigating
circumstances which arise from the
moral attributes of the offender, or
from his private relations with the
offended party, or from any other
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personal cause, shall only serve to
aggravate or mitigate the liability of
the principals, accomplices and
accessories as to whom such
circumstances are attendant.
4. The circumstances which
consist in the material execution of
the act, or in the means employed to
accomplish it, shall serve to
aggravate or mitigate the liability of
those persons only who had
knowledge of them at the time of the
execution of the act or their
cooperation therein.
5. Habitual delinquency shall have
the following effects:
(a) Upon a third conviction the
culprit shall be sentenced to the
penalty provided by law for the last
crime of which he be found guilty and
to the additional penalty of prision
correccional in its medium and
maximum periods;
(b) Upon a fourth conviction, the
culprit shall be sentenced to the
penalty provided for the last crime of
which he be found guilty and to the
additional penalty of prision mayor in
its minimum and medium periods;
and
(c) Upon a fifth or additional
conviction, the culprit shall be
sentenced to the penalty provided for
the last crime of which he be found
guilty and to the additional penalty of
prision mayor in its maximum period
to reclusion temporal in its minimum
period.
Notwithstanding the provisions of
this article, the total of the two
penalties to be imposed upon the
offender, in conformity herewith, shall
in no case exceed 30 years.
For the purpose of this article, a
person shall be deemed to be
habitual delinquent, is within a period
of ten years from the date of his
release or last conviction of the
crimes of serious or less serious
physical injuries, robo, hurto, estafa
or falsification, he is found guilty of
any of said crimes a third time or
oftener.
What are the effects of the
attendance of mitigating or
aggravating circumstances?
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 CRIMINAL LAW

a. Aggravating crime and the additional penalty

circumstances which are not of prision mayor in its minimum
considered for the purpose of and medium periods.
increasing the penalty: 3) Fifth or additional conviction
1. Those which in themselves - the penalty is that provided
constitute a crime especially by law for the last crime and
punishable by law. the additional penalty of prision
2. Those included by law in mayor in its maximum period
defining the crime. to reclusion temporal in its
3. Those inherent in the crime minimum period.
but of necessity they
accompany the commission Note:
thereof. In no case shall the total of the
b. Aggravating or mitigating 2 penalties imposed upon the
circumstances that serve to offender exceed 30 years.
aggravate or mitigate the The law does not apply to
liability of the offender to whom crimes described in Art. 155
such are attendant. Those The imposition of the additional
arising from: penalty on habitual delinquents
1. Moral attributes of the are CONSTITUTIONAL because
offender such law is neither an EX POST
2. His private relations with the FACTO LAW nor an additional
offended party punishment for future crimes. It
3. Any other personal cause is simply a punishment on future
crimes on account of the criminal
c. Aggravating or mitigating propensities of the accused.
circumstances that affect the The imposition of such
offenders only who had additional penalties is mandatory
knowledge of them at the time of and is not discretionary.
the execution of the act or their Habitual delinquency applies at
cooperation therein. Those which any stage of the execution
consist: because subjectively, the
1. In the material execution of offender reveals the same
the act degree of depravity or perversity
- will not affect all the as the one who commits a
offenders but only those to consummated crime.
whom such act are attendant It applies to all participants
2. Means to accomplish the because it reveals persistence in
crime - will affect only those them of the inclination to
offenders who have wrongdoing and of the perversity
knowledge of the same at of character that led them to
the time of the act of commit the previous crime.
execution or their
cooperation therein Cases where attending aggravating or
mitigating circumstances are not
What are the legal effects of habitual considered in the imposition of
delinquency? penalties
1) Third conviction - Penalty that is single and
- the culprit is sentenced indivisible
to the penalty for the crime - Felonies through negligence
committed and to the additional - When the penalty is a fine -
penalty of prision correccional in When the penalty is prescribed by a
its medium and maximum special law.
period. 2) Fourth conviction
- the penalty is that Art. 63. Rules for the application of
provided by law for the last indivisible penalties. In all cases in

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 CRIMINAL LAW

which the law prescribes a single d. Mitigating and

indivisible penalty, it shall be applied aggravating
by the courts regardless of any circumstances offset each
mitigating or aggravating other
circumstances that may have - Basis of penalty: number
attended the commission of the deed.
and importance.
In all cases in which the law
prescribes a penalty composed of two
indivisible penalties, the following Art. 64. Rules for the application of
rules shall be observed in the penalties which contain three periods.
application thereof: In cases in which the penalties
1. When in the commission of the prescribed by law contain three
deed there is present only one periods, whether it be a single
aggravating circumstance, the greater divisible penalty or composed of
penalty shall be applied. three different penalties, each one of
2. When there are neither which forms a period in accordance
mitigating nor aggravating with the provisions of Articles 76 and
circumstances and there is no 77, the court shall observe for the
aggravating circumstance, the lesser
application of the penalty the
penalty shall be applied.
following rules, according to whether
3. When the commission of the act
is attended by some mitigating there are or are not mitigating or
circumstances and there is no aggravating circumstances:
aggravating circumstance, the lesser 1. When there are neither
penalty shall be applied. aggravating nor mitigating
4. When both mitigating and circumstances, they shall impose the
aggravating circumstances attended penalty prescribed by law in its
the commission of the act, the court medium period.
shall reasonably allow them to offset 2. When only a mitigating
one another in consideration of their circumstances is present in the
number and importance, for the commission of the act, they shall
purpose of applying the penalty in impose the penalty in its minimum
accordance with the preceding rules,
period.
according to the result of such
3. When an aggravating
compensation.
circumstance is present in the
commission of the act, they shall
Rules for the application of indivisible impose the penalty in its maximum
penalties: period.
4. When both mitigating and
1. Penalty is single and indivisible aggravating circumstances are
- The penalty shall be applied present, the court shall reasonably
regardless of the presence of offset those of one class against the
mitigating or aggravating other according to their relative
circumstances. Ex. reclusion weight.
perpetua or death 5. When there are two or more
mitigating circumstances and no
2. Penalty is composed of 2 aggravating circumstances are
indivisible penalties: present, the court shall impose the
a. One aggravating penalty next lower to that prescribed
circumstance present by law, in the period that it may
- HIGHER penalty deem applicable, according to th7e
b. No mitigating number and nature of such
circumstances present circumstances.
- LESSER penalty 6. Whatever may be the number
c. Some mitigating and nature of the aggravating
circumstances present and no circumstances, the courts shall not
aggravating impose a greater penalty than that
- LESSER penalty prescribed by law, in its maximum
period.

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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.
Rules for the application of DIVISIBLE
PENALTIES
a. No aggravating and No
mitigating
- MEDIUM PERIOD
b. One mitigating
- MINIMUM PERIOD
c. One aggravating (any number
cannot exceed the penalty
provided by law in its maximum
period)
- MAXIMUM PERIOD
d. Mitigating and aggravating
circumstances present
- to offset each other
according to relative weight
e. 2 or more mitigating and no
aggravating - one degree lower
(has the effect of a
privileged mitigating
circumstance)
NOTE: Art. 64 does not apply to:
- indivisible penalties
- penalties prescribed by
special laws
- fines
- crimes committed by
negligence
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
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.
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Penalty to be imposed if the requisites
of accident (Art. 12 par 4) are not all
present:
b. GRAVE FELONY
- arresto mayor maximum
period to prision correccional
minimum period c. LESS GRAVE
FELONY
- arresto mayor minimum
period and medium period
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.
Penalty to be imposed when the
crime committed is not wholly
excusable - One or two degrees lower
if the majority of the conditions for
justification or exemption in the
cases provided in Arts. 11 and 12 are
present.
People v. Lacanilao (1988)
Facts: The CFI found the
accused, a policeman, guilty of
homicide. On appeal before the CA,
the CA found that the accused acted
in the performance of a duty but that
in the shooting of the victim was not the
necessary consequence of the due
performance thereof, therefore
crediting to him the mitigating
circumstance consisting of
the incomplete justifying
circumstance of fulfillment of duty.
The CA lowered the penalty merely
by one period applying Art. 64 (2)
appreciating incomplete fulfillment of
duty as a mere generic mitigating
circumstance lowering the penalty to
minimum period.
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Held: CA erred because incomplete who is not exempted from liability by

fulfillment of duty is a privileged reason of the court having declared
mitigating circumstance which not that he acted with discernment, a
only cannot be offset by aggravating discretionary penalty shall be
circumstances but also reduces the imposed, but always lower by two
degrees at least than that prescribed
penalty by one or two degrees than
by law for the crime which he
that prescribed b law. The governing committed.
provision is Art. 2. Upon a person over
69 of the RPC. fifteen and under eighteen years of
age the penalty next lower than that
G. SPECIAL RULES prescribed by law shall be imposed,
but always in the proper period.
COMPLEX CRIMES
CRIME DIFFERENT FROM THAT PD No. 603. ART. 192.
INTENDED Suspension of Sentence and
Commitment of Youthful
IMPOSSIBLE CRIMES Offender.
If after hearing the evidence in
PLURAL CRIMES the proper proceedings, the court
should find that the youthful offender
has committed the acts charged
ADDITIONAL PENALTY FOR against him the court shall determine
CERTAIN the imposable penalty, including any
ACCESSORIE civil liability chargeable against him.
S However, instead of pronouncing
judgment of conviction, the court
shall suspend all further proceedings
Art. 58. Additional penalty to be and shall commit such minor to the
imposed upon certain accessories. custody or care of the Department of
Those accessories falling within the Social Welfare, or to any training
terms of paragraphs 3 of Article 19 of institution operated by the
this Code who should act with abuse government, or duly licensed
of their public functions, shall suffer agencies or any other responsible
the additional penalty of absolute person, until he shall have reached
perpetual disqualification if the twenty-one years of age or, for a
principal offender shall be guilty of a shorter period as the court may deem
grave felony, and that of absolute proper, after considering the reports
temporary disqualification if he shall and recommendations of the
be guilty of a less grave felony. Department of Social Welfare or the
agency or responsible individual
Absolute perpetual disqualification under whose care he has been
if the principal offender is guilty of a committed.
grave felony. Absolute temporary The youthful offender shall be
disqualification if the principal subject to visitation and supervision
offender is guilt of less grave felony. by a representative of the
Department of Social Welfare or any
duly licensed agency or such other
WHERE THE OFFENDER IS BELOW 18 officer as the court may designate
YEARS subject to such conditions as it may
prescribe.
Art. 68. Penalty to be imposed
upon a person under eighteen years Art. 68 applies to such minor if his
of age. When the offender is a application for suspension of
minor under eighteen years and his sentence is disapproved or if while in
case is one coming under the
provisions of the paragraphs next to the reformatory institution he
the last of Article 80 of this Code, the becomes incorrigible in which case
following rules shall be observed: he shall be returned to the court for
1. Upon a person under the imposition of the proper penalty.
fifteen but over nine years of age, 9 to 15 years only with

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 CRIMINAL LAW

discernment: at least 2 degrees 9. Perpetual absolute

lower.
15 to 18 years old: penalty next
lower
Art. 68 provides for two of the
PRIVILEGED MITIGATING
CIRCUMSTANCES
If the act is attended by two or
more mitigating and no aggravating
circumstance, the penalty being
divisible, a minor over 15 but under
18 years old may still get a penalty
two degrees lower.
THE THREE-FOLD RULE
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,
6. Arresto mayor,
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
threefold 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. (As amended).
Outline of the provisions of this
Article:
1. When the culprit has to serve 2
or more penalties, he shall
serve them simultaneously if
the nature of the penalties will
so permit.
2. Otherwise, the order of their
respective severity shall be
followed.
3. The respective severity of the

7. Arresto menor, penalties is as follows:

a. Death
8. Destierro,
b.Reclusion perpetua
c. Reclusion temporal
d.Prision mayor
e. Prision correccional
f. Arresto mayor
g.Arresto menor
h.Destierro
i. Perpetual absolute
disqualification
j. Temporary absolute
disqualification

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 CRIMINAL LAW

k. Suspension from public office, must be charged under different

the right to vote, and be voted informations which may be filed in
for, the right to follow the same court or in different courts,
profession or calling, and at the same time or at different
l. Public censure times. Subsidiary imprisonment
forms part of the penalty.
The penalties which can be Indemnity is a penalty.
simultaneously served are: Court must impose all the
1. Perpetual absolute penalties for all the crimes of which
disqualification the accused is found guilty, but in the
2. Perpetual special service of the same, they shall not
disqualification exceed three times the most severe
3. Temporary absolute and shall not exceed 40 years.
disqualification
4. Temporary special Mejorada v. Sandiganbayan
disqualification (1987)
5. Suspension Facts: The petitioner was convicted
6. Destierro of violating Section 3(E) of RA No.
7. Public Censure 3019 aka the Anti-Graft and Corrupt
8. Fine and Bond to keep the Practices Act. One of the issues
peace raised by the petitioner concerns the
9. Civil interdiction penalty imposed by the
10. Confiscation and payment of Sandiganbayan which totals 56 years
costs and 8 days of imprisonment. He
impugns this as contrary to the three-
The above penalties, except fold rule and insists that the duration
destierro, can be served of the aggregate penalties should not
simultaneously with exceed 40 years.
imprisonment. Held: Petitioner is mistaken in his
Penalties consisting in application of the 3-fold rule as set
deprivation of liberty cannot be forth in Art. 70 of the RPC. This article
served simultaneously by is to be taken into account not in the
reason of the nature of such imposition of the penalty but in
penalties. connection with the service of the
sentence imposed. Art. 70 speaks of
Three-fold Rule service of sentence, duration of
The maximum duration of the penalty and penalty to be inflicted.
convicts sentence shall not be more Nowhere in the article is anything
than three times the length of time mentioned about the imposition of
corresponding to the most severe of penalty. It merely provides that the
the penalties imposed upon him. prisoner cannot be made to serve
more than three times the most
The phrase the most severe of the severe of these penalties the
penalties includes equal penalties. maximum which is 40 years.
The three-fold rule applies only
when the convict has to serve at WHERE THE PENALTY IS
least four sentences. NOT
All the penalties, even if by COMPOSED OF 3
different courts at different times, PERIODS
cannot exceed three-fold the most
severe. Art. 65. Rule in cases in which
- The Rules of Court specifically the penalty is not composed of three
provide that any information must periods. In cases in which the
not charge more than one offense. penalty prescribed by law is not
Necessarily, the various offense composed of three periods, the courts
punished with different penalties shall apply the rules contained in the

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 CRIMINAL LAW

foregoing articles, dividing into three 2. Those convicted of treason,

equal portions of time included in the conspiracy or proposal to
penalty prescribed, and forming one commit treason.
period of each of the three portions. 3. Those convicted of misprision
of treason, rebellion, sedition or
MEANING OF THE RULE espionage.
1. Compute and determine first 4. Those convicted of piracy.
the 3 periods of the entire penalty. 5. Those who are habitual
2. The time included in the delinquents.
penalty prescribed should be divided 6. Those who shall have escaped
into 3 equal portions, after from confinement or evaded
subtracting the minimum (eliminate sentence.
the 1 day) from the maximum of the 7. Those who violated the terms
penalty. of conditional pardon granted
3. The minimum of the minimum to them by the Chief Executive.
period should be the minimum of the 8. Those whose maximum term of
given penalty (including the 1 day) imprisonment does not exceed
4. The quotient should be added one year.
to the minimum prescribed (eliminate 9. Those who, upon the approval
the 1 day) and the total will represent of the law, had been sentenced
the maximum of the minimum by final judgment.
period. Take the maximum of the 10. Those sentenced to the penalty
minimum period, add 1 day and of destierro or suspension.
make it the minimum of the medium
period; then add the quotient to the Purpose of the law: to uplift and
minimum (eliminate the 1 day) of the redeem valuable human material
medium period and the total will and prevent unnecessary and
represent the maximum of the excessive deprivation of liberty
medium period. Take the maximum and economic usefulness
of the medium period, add 1 day and - It is necessary
make it the minimum of the to consider the criminal
maximum period; then add the first as an individual, and
quotient to the minimum (eliminate second as a member of
the 1 day) of the maximum period the society.
and the total will represent the - The law is
maximum of the maximum period. intended to favor the
defendant, particularly to
H. THE INDETERMINATE SENTENCE shorten his term of
LAW imprisonment, depending
upon his behavior and his
The indeterminate sentence is physical, mental and
composed of: moral record as a
1. a MAXIMUM taken from prisoner, to be
the penalty imposable under the determined by the Board
penal code of Indeterminate
2. a MINIMUM taken from Sentence.
the penalty next lower to that fixed in
the code. The settled practice is to give the
accused the benefit of the law even
in crimes punishable with death or
The law does not apply to certain life imprisonment provided the
offenders: resulting penalty, after
1. Persons convicted of offense considering the
punished with death penalty or attending circumstances, is
life imprisonment. reclusion temporal or less.

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 CRIMINAL LAW

ISL does not apply to destierro. 1. When there are neither

ISL is expressly granted to those
who are sentenced to
imprisonment exceeding 1 year.
PROCEDURE FOR DETERMING THE
MAXIMUM AND MINIMUM SENTENCE
Is consists of a maximum and a
minimum instead of a single fixed
penalty. Prisoner must serve the
minimum before he is eligible for
parole.
The period between the minimum
and maximum is indeterminate in the
sense that the prisoner may be
exempted from serving said
indeterminate period in whole or in
part.
The maximum is determined in any
case punishable under the RPC in
accordance with the rules and
provisions of said code exactly as if
the ISL had never been enacted.
Apply first the effect of privileged
mitigating circumstances then
consider the effects of aggravating
and ordinary mitigating
circumstances.
The minimum depends upon the
courts discretion with the limitation
that it must be within the range of
the penalty next lower in degree to
that prescribed by the Code for the
offense committed.
NOTE: A minor who escaped from
confinement in the reformatory is
entitled to the benefits of the ISL
because his confinement is not
considered imprisonment.
Art. 64. Rules for the application
of penalties which contain three
periods. In cases in which the
penalties prescribed by law contain
three periods, whether it be a single
divisible penalty or composed of three
different penalties, each one of which
forms a period in accordance with the
provisions of Articles 76 and 77, the
court shall observe for the application
of the penalty the following rules,
according to whether there are or are
not mitigating or aggravating
circumstances:
aggravating nor mitigating
circumstances, they shall impose the
penalty prescribed by law in its
medium period.
2. When only a mitigating
circumstance is present in the
commission of the act, they shall
impose the penalty in its minimum
period.
3. When an aggravating
circumstance is present in the
commission of the act, they shall
impose the penalty in its maximum
period.
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.
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.
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.
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.
De la Cruz v. CA (1996)
In as much as the amount of P715k
is P693k more than the
abovementioned benchmark of P22k,
then adding one year for each
additional P10k, the maximum period
of 6 years, 8 months and 21 days to
8 years of prision mayor minimum
would be increased by 69 years, as
computed by the trial court. But the
law categorically declares that the
maximum penalty then shall not
exceed 20 years of reclusion
temporal. Under the ISL, the
minimum term of the indeterminate
penalt should be within the range of

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the penalty next lower in degree to
that prescribed b the Code for the
offense committed, which is prision
correccional.
People v. Campuhan (supra)
The penalty for attempted rape
is two (2) degrees lower than the
imposable penalty of death for the
offense charged, which is statutory
rape of a minor below seven (7)
years. Two (2) degrees lower is
reclusion temporal, the range of
which is twelve (12) years and one
(1) day to twenty (20) years.
Applying the Indeterminate Sentence
Law, and in the absence of any
mitigating or aggravating
circumstance, the maximum of the
penalty to be imposed upon the
accused shall be taken from the
medium period of reclusion temporal,
the range of which is fourteen (14)
years, eight (8) months and (1) day
to seventeen (17) years and four (4)
months, while the minimum shall be
taken from the penalty next lower in
degree, which is prision mayor, the
range of which is from six (6) years
and one (1) day to twelve (12) years,
in any of its periods.
People v. Saley (supra)
Under the Indeterminate Sentence
Law, the maximum term of the
penalty shall be "that which, in view
of the attending circumstances, could
be properly imposed" under the
Revised Penal Code, and the
minimum shall be "within the range
of the penalty next lower to that
prescribed" for the offense. The
penalty next lower should be based
on the penalty prescribed by the
Code for the offense, without first
considering any modifying
circumstance attendant to the
commission of the crime. The
determination of the minimum
penalty is left by law to the sound
discretion of the court and it can be
anywhere within the range of the
penalty next lower without any
reference to the periods into which it
might be subdivided. The modifying
circumstances are considered only in
100% UP LAW U P B A R O P S
CRIMINAL LAW
the imposition of the maximum term
of the indeterminate sentence.
The fact that the amounts
involved in the instant case exceed
P22,000.00 should not be considered
in the initial determination of the
indeterminate penalty; instead, the
matter should be so taken as
analogous to modifying
circumstances in the imposition of
the maximum term of the full
indeterminate sentence. This
interpretation of the law accords with
the rule that penal laws should be
construed in favor of the accused.
Since the penalty prescribed by law
for the estafa charge against
accused-appellant is prision
correccional maximum to prision
mayor minimum, the penalty next
lower would then be prision
correccional minimum to medium.
Thus, the minimum term of the
indeterminate sentence should be
anywhere within six (6) months and
one (1) day to four (4) years and two
(2) months
.
I. EXECUTION AND SERVICE OF
PENALTIES
Execution of Penalties
Art. 78. When and how a
penalty is to be executed. No
penalty shall be executed except by
virtue of a final judgment.
A penalty shall not be executed in any
other form than that prescribed by
law, nor with any other circumstances
or incidents than those expressly
authorized thereby.
In addition to the provisions of the
law, the special regulations prescribed
for the government of the institutions
in which the penalties are to be
suffered shall be observed with regard
to the character of the work to be
performed, the time of its
performance, and other incidents
connected therewith, the relations of
the convicts among themselves and
other persons, the relief which they
may receive, and their diet.
The regulations shall make provision
for the separation of the sexes in
different institutions, or at least into
2 0 0 8 Page 88 of 103
 CRIMINAL LAW

different departments and also for the d. When after lowering the
correction and reform of the convicts. penalty by degrees, destierro is
the proper penalty.
The judgment must be final before
it can be executed, because the Art. 88. Arresto menor. The
accused may still appeal within 15 penalty of arresto menor shall be
days from its promulgation. But if the served in the municipal jail, or in the
defendant has expressly waived in house of the defendant himself under
writing his right to appeal, the the surveillance of an officer of the
judgment becomes final and law, when the court so provides in its
executory. decision, taking into consideration
the health of the offender and other
See Rules and regulations to reasons which may seem satisfactory
implement RA No. to it.
8177 under Capital Punishment.
Service of the penalty of arresto
Art. 86. Reclusion perpetua, menor:
reclusion temporal, prision mayor, a. In the municipal jail
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.

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.

Convict shall not be permitted to

enter the place designated in the
sentence nor within the radius
specified, which shall not more than
250 and not less than 25 km from the
place designated.
If the convict enters the prohibited
area, he commits evasion of
sentence.
Destierro is imposed:
a. When the death or serious
physical injuries is caused or
are inflicted under exceptional
circumstances (art. 247)
b. When a person fails to give
bond for good behavior (art.
284)
c. As a penalty for the concubine
in the crime of concubinage
(Art. 334)

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 CRIMINAL LAW

b. In the house of the offender, but under the surveillance of an officer

of the law, whenever the court so provides in the decision due to the
health of the offender.
THE PROBATION LAW
Taken from the DOJ website In the Matter of the petition for Habeas
Corpus of Pete Lagran (2001)
Section 3(a) of Presidential Facts: The accused was convicted of 3
Decrees 968, as amended, defines counts of violating BP22 and was
probation as a disposition under sentenced to imprisonment of 1 year for
which an accused, after conviction each count. He was detained on Feb. 24,
and sentence, is released subject to 1999. On Mar. 19, 2001, he filed a
conditions imposed by the court and petition for habeas corpus claiming he
to the supervision of a probation completed the service of his sentence.
officer. It is a privilege granted by the Citing Art. 70, RPC, he claimed that he
court; it cannot be availed of as a shall serve the penalties simultaneously.
matter of right by a person convicted Thus, there is no more legal basis for his
of a crime. To be able to enjoy the detention.
benefits of probation, it must first be Held: Art. 70 allows simultaneous
shown that an applicant has none of service of two or more penalties only if
the disqualifications imposed by law. the nature of the penalties so permit. In
the case at bar, the petitioner was
Disqualified Offenders sentenced to suffer one year
Probation under PD No. 968, as imprisonment for every count of the
amended, is intended for offenders offense committed. The nature of the
who are 18 years of age and above, sentence does not allow petitioner to
and who are not otherwise serve all the terms simultaneously. The
disqualified by law. Offenders whorule of successive service of sentence
are disqualified are those: (1) must be applied.
sentenced to serve a maximum term
of imprisonment of more than six
years; (2) convicted of subversion or
any offense against the security of
the State, or the Public Order; (3)
who have previously been convicted
by final judgment of an offense
punished by imprisonment of not less
than one month and one day and/or
a fine of not more than Two Hundred
Pesos; (4) who have been once on
probation under the provisions of this
Decree;

Post-Sentence Investigation
The Post-Sentence Investigation (PSI)
and the submission of the Post-
Sentence Investigation Report (PSIR)
are pre-requisites to the court
disposition on the application for
probation.

Period of Probation
The period of probation is in essence
a timebound condition. It is a
condition in point of time which may
be shortened and lengthened within
the statutory limits and the
achievements by the probationer of
the reasonable degrees of social
1 0 0 % U Pand
stability LAW U Pfrom
responsibility B Athe
R O P S 2 0 0 8 Page 90 of 103

measured observation of the

supervising officer and the
Programs and Services conditions, and to bring about the
rehabilitation of the client and his
Post-Sentence Investigation. After re-integration into the community.
conviction and sentence, a
convicted offender or his counsel Rehabilitation Programs. The
files a petition for probation with treatment process employed by
the trail court, who in turn orders the field officers focused on
the Probation Officer to conduct a particular needs of probationers,
post-sentence investigation to parolees and pardonees.
determine whether a convicted Assistance is provided to the
offender may be placed on clientele in the form of job
probation or not. The role of the placement, skills training,
probation officer in this phase is spiritual/moral upliftment,
to conduct the post-sentence counseling, etc.
investigation and to submit his
report to the court within the Community Linkages
period not later than 60 days from Probation/Parole, as a community-
receipt of the order of the Court based treatment program,
to conduct the said investigation. depends on available resources in
the community for the
Pre-Parole Investigation. The rehabilitation of offenders. Thus,
PAROLE AND PROBATION the Agency, recognizing the
ADMINISTRATION - (PPA) conducts important role of the community
pre-parole investigation of all as a rehabilitation agent, involves
sentenced prisoners confined in the community in probation work
prisons and jails within their through the use of volunteer
jurisdiction. The purpose is to workers and welfare agencies.
determine whether offenders
confined in prisons/jails are Presidential Decree No. 968
qualified for parole or any form of permits the utilization of the
executive clemency and to services of Volunteer Probation
discuss with them their plans Aides to assist the Probation and
after release. Probation officers Parole Officers in the supervision
submit their pre-parole of probationers, parolees and
assessment reports to the Board pardonees particularly in the
of Pardons and Parole. areas where the caseload is
heavy and the office is understaff
Supervision of Offenders. The or where the residence of the
Agency supervises two types of clientele is very far from the
offenders under conditional Parole and Probation Office. As
release: (1) probationers, or defined, a Volunteer Probation
persons placed under probation Aide is a volunteer who is a
by the courts; (2) parolees and citizen of good moral character
pardonees, or prisoners released and good standing in the
on parole or conditional pardon community, who has been
and referred by the Board of carefully selected and trained to
Pardons and Parole (BPP) to do volunteer probation work. He
PAROLE AND PROBATION is appointed by the Administrator
ADMINISTRATION - (PPA) after successful completion of the
(PPA). The objectives of Introductory Training Course for
supervision are to carry out the probation volunteers. His term of
conditions set forth in the office is one year but can be
probation/parole order, to renewed thereafter or terminated
ascertain whether the earlier depending upon his
probationer/parolee/pardonee is performance and willingness to
complying with the said serve.

Further, the PAROLE AND
PROBATION ADMINISTRATION
- (PPA), through its
Community Services Division, Regional
and Field Offices nationwide, has been
tapping government/non-government
organizations/individuals for various
rehabilitation programs and activities for
probationers, parolees and pardonees.
Llamado v. CA (1989)
In its present form, Section 4 of the
Probation Law establishes a much
narrower period during which an
application for probation ma be filed
with the trial curt: after the trial curt
shall have convicted and sentenced a
defendant and within the period for
perfecting an appeal. The provision
expressly prohibits the grant of an
application for probation if the
defendant has perfected an appeal from
the judgment of conviction.
Petitioners right to apply for probation
was lost when he perfected his appeal
from the judgment of the trial court.
The trial court lost jurisdiction already
over the case.
Bala v. Martinez (1990) PD
1990 which amends Sec. 4 of PD 968 is
not applicable to the case at bar. It went
into effect on Jan. 15, 1985 and cannot
be given retroactive effect because it
would be prejudicial to the accused.
Bala was placed on probation on Aug.
11, 1982.
Expiration of probation period alone
does not automatically terminate
probation; a final order of discharge
from the court is required. Probation is
revocable before the final discharge by
the court. Probationer failed to reunite
with responsible society. He violated the
conditions of his probation. Thus, the
revocation of his probation is
compelling.
Salgado v. CA (1990)
There is no question that the decision
convicting Salgado of the crime of
serious physical injuries had become
final and executory because the filing
by respondent of an application for
probation is deemed a waiver of his
right to appeal.
The grant of probation does not
extinguish the civil liability of the
offender. The order of probation with
one of the conditions providing for the
manner of payment of the civil liability
during the period of probation, did not
increase or decrease the civil liability
adjudged. The conditions listed under
Sec. 10 of the Probation law are not
exclusive. Courts are allowed to impose
practically any term it chooses, the only
limitation being that it does not
jeopardize the constitutional rights of
the accused.
Office of the Court Administrator v.
Librado
(1996)
Facts: The respondent is a deputy
sheriff who was charged of violating the
Dangerous Drugs Act and is now
claiming he is in probation. The OCA
filed an administrative case against him
and he was suspended from office.
Held: While indeed the purpose
of the Probation Law is to save
valuable human material, it must
not be forgotten that unlike
pardon probation does not
obliterate the crime of which the
person under probation has been
convicted. The image of the
judiciary is tarnished by conduct
involving moral turpitude. The
reform and rehabilitation of the
probationer cannot justify his
retention in the government
service.
Suspension in case of Insanity or
Minority
Art. 79. Suspension of the
execution and service of the
penalties in case of insanity.
When a convict shall become
insane or an imbecile after final
sentence has been pronounced,
the execution of said sentence
shall be suspended only with
regard to the personal penalty,
the provisions of the second
paragraph of circumstance
number 1 of Article 12 being
 observed in the corresponding
cases.
If at any time the convict
shall recover his reason, his
sentence shall be executed,
unless the penalty shall have
prescribed in accordance with the
provisions of this Code.
The respective provisions of
this section shall also be observed
if the insanity or imbecility occurs
while the convict is serving his
sentence.
Only execution of personal
penalty is suspended: civil liability
may be executed even in case of
insanity of convict.
An accused may become
insane:
a. at the time of commission of the
crime
exempt from criminal liability
b. at the time of the trial
- court shall suspend
hearings and order his
confinement in a hospital
until he recovers his
reason
c. at the time of final
judgment or while
serving sentence
execution suspended
with regard to the
personal penalty only
see Exempting Circumstance of
Minority for PD No. 603 and Rule
on Juveniles in Conflict with Law.
VII. EXTINGUISHMENT OF CRIMINAL
LIABILITY
This section enumerates and explains
the ways in which criminal liability is
extinguished, one of which is
prescription (of both the crime and the
penalty) which will be discussed in
detail.
Two kinds of extinguishment of
criminal liability:
Total Extinguishment
Partial Extinguishment
Kinds of Total Extinguishment:
By the death of the convict
By Service of sentence
By Amnesty
By Absolute Pardon
By prescription of crime
By prescription of penalty
By the marriage of the
offended woman and the
offender in the crimes of rape,
abduction, seduction and acts
of lasciviousness. (Art.
344)
Kinds of Partial Extinguishment:
By Conditional Pardon
By Commutation of sentence
For good conduct, allowances
which the culprit may earn
while he is serving sentence
By Parole
By Probation
Important: The Supreme Court ruled
that reelection to public office is not one
of the grounds by which criminal
liability is extinguished. This is only
true in administrative cases but not in civil action against his estate, as
criminal cases. may be warranted by law and
procedural rules.

Total Extinguishment B. BY SERVICE OF SENTENCE

A. BY THE DEATH OF THE CONVICT C. BY AMNESTY

Extinguishes criminal liability An act of the sovereign

as to personal penalties; power granting oblivion
As to pecuniary penalties, or general pardon for a
liability is extinguished only past offense.
when the death of the offender Rarely exercised in favor
occurs before final judgment. of a single individual;
EXCEPTION: Art. 33 (based usually extended in
on contracts). Even if the behalf of certain classes
accused dies pending of persons who are
appeal, the right to file a subject trial but have not
separate civil action is not yet been convicted.
lost. Erases not only the
conviction but also the
crime itself.

D. BY ABSOLUTE PARDON
Illustration:
An act of grace,
1. People v. Bayotas (1991) proceeding from the
power entrusted with the
execution of the laws
Where the offender dies before
Exempts the individual
final judgment, his death
from the penalty of the
extinguishes both his criminal and
crime he has committed.
civil liabilities. So while a case is
on appeal, the offender dies, the
case on appeal will be dismissed. Monsanto V. Factoran, Jr. (1989)
The offended party may file a
separate civil action under the Absolute pardon does not ipso
Civil Code if any other basis for facto entitle the convict to
recovery of civil liability exists as reinstatement to the public office
provided under Art 1157 Civil forfeited by reason of his
Code. conviction. Although pardon
restores his eligibility for
2. People v. Abungan (2000) appointment to that office, the
pardoned convict must reapply for
the new appointment.
The death of appellant
extinguished his criminal liability.
Moreover, because he died during Difference between
the pendency of the appeal and Amnesty and
before the finality of the judgment Absolute Pardon
against him, his civil liability
arising from the crime or delict Amnesty Absolute pardon
(civil liability ex delicto) was also Blanket pardon Includes any crime
extinguished. It must be added, to classes of and is exercised
though, that his civil liability may persons, guilty individually
be based on sources of obligation of political
other than delict. For this reason, offenses
the victims may file a separate
 May still be The person is Answer: No. When the convict has
exercised even already convicted already served the sentence such that
before trial or there is no more service of sentence to
investigation be executed then the pardon shall be
Looks Looks forward he understood as intended to erase the
backward it is is relieved from the effects of the conviction.
as if he has consequences of
committed no the Question: What if the pardon was given
offense. offense, but to him while he was serving his
rights not sentence?
restored unless
Answer: The pardon will not wipe out
explicitly
the effects of the crime, unless the
provided by the
language of the pardon specifically
terms of the
relieves him of the effects of the crime.
pardon
Both do not extinguish civil
E. BY PRESCRIPTION OF THE CRIME (Art.
liability 90)
Public act Private act of
which the court the President Definition: The forfeiture or
shall take and must be loss of the right of the State to
judicial notice pleaded and prosecute the offender, after
of proved by the the loss of a certain time.
person General Rule: Prescription of
pardoned the crime begins on the day
Valid only Valid if given the crime was committed.
when there is either before or Exception: The crime
final after final was concealed, not
judgment judgment public, in which case, the
prescription thereof
would only commence
Question: An offender was convicted of from the time the
rebellion, but he was given amnesty. offended party or the
Years later, he was convicted again of government learns of the
rebellion. Is he a recidivist? commission of the crime.

Answer: No. Because the amnesty

granted to him erased not only the
conviction but also the effects of the
conviction itself. Difference between Prescription
of Crime and Prescription of
Question: Suppose what was given him the Penalty
was not amnesty but pardon?
Prescription of Prescription of
Answer: Yes. Pardon, although absolute crime the penalty
does not erase the effects of conviction. Forfeiture of the Forfeiture to
Pardon only excuses the convict from State to execute the final
serving the sentence. prosecute after a sentence after
lapse of a certain the lapse of a
Question: A person convicted of time certain time
rebellion has already served the
sentence; yet, despite of this, he was Question: What happens when
still given absolute pardon. Years later, the last day of the prescriptive
he was again convicted of rebellion. Is period falls on a Sunday or legal
he a recidivist? holiday?
Answer: The information can no (Art. 91)
longer be filed on the next day as
the crime has already prescribed. Commences to run from the
day on which the crime is
Prescriptive Periods of Crimes discovered by the offended
party, the authorities or their
Crimes punishable by 20 agents.
death, reclusion perpetua years Interrupted by the
or reclusion temporal filing of complaint or
Afflictive penalties 15 information
years It shall commence to
Correctional penalties 10 run again when such
years proceedings terminate
Note: Those without the
punishable by arresto 5 years accused being
mayor convicted or acquitted,
The or unjustifiably
highest stopped for any reason
Note: When the not imputable to the
penalty
penalty fixed law is a accused.
shall be
compound one Note: Termination must
made a
be FINAL as to amount
basis
to a jeopardy that
Libel 1 year
would bar a subsequent
Oral defamation and 6 prosecution.
slander by deed months The term of prescription shall
Simple slander 2 not run when the offender is
months absent from the Philippine
Grave slander 6 archipelago.
months For continuing crimes,
Light offenses 2 prescriptive period cannot
months begin to run because the crime
Crimes punishable by does not end.
fines
Fine is afflictive 15
Fine is correctional years F. BY PRESCRIPTION OF PENALTIES (Art.
Fine is light 10 92)
years
Note: Subsidiary 2 Definition: The loss or
penalty for months forfeiture of the right of the
nonpayment not government to execute the
considered in final sentence after the lapse
determining the of a certain time.
period
Prescriptive Periods of Penalties
Note: When fine is
an alternative Death and reclusion 20 years
penalty higher perpetua
than the other Other afflictive 15 years
penalty which is by penalties
imprisonment, Correctional penalties 10 years
prescription of the Note: If arresto mayor 5 years
crime is based on Light penalties 1 year
the fine.
Computation of Prescription of
Offenses
Computation of the Prescription of Answer: It would interrupt the
acceptance of the prescriptive
Penalties
period.
(Art. 93)
Question: What happens if the
Elements:
culprit is captured but he evades
again the service of his sentence?
1. Penalty is imposed by final
judgment Answer: The period of prescription
2. Convict evaded service of that ran during the evasion is not
sentence by escaping during forfeited. The period of
the term of his sentence
prescription that has run in his
3. The convict who has
favor should be taken into
escaped from prison has not
account.
given himself up, or been
captured, or gone to a
foreign country with which G. BY MARRIAGE OF THE FFENDED
we have no extradition WOMAN
treaty, or committed WITH THE OFFENDER
another crime
4. The penalty has prescribed This applies only to the
because of the lapse of time following crimes:
from the date of the evasion Rape
of service of the sentence by Seduction
the convict. Abduction
Period commences to run from Acts of
the date when he culprit lasciviousness
evaded17 the service of The marriage under Art.
sentence 344 must be contracted
When interrupted: in good faith
Convict gives himself up
Is captured Partial Extinguishment
Goes to a foreign country
with which we have no A. A. BY CONDTIONAL PARDON
extradition treaty If delivered and
Commits any crime accepted, it is a contract
before the expiration of between the executive
the period of prescription and the convict that the
former will release the
Question: What happens in cases where latter upon compliance
our government has extradition treaty with the condition.
with another country but the crime is Example of a condition:
not included in the treaty? Not to violate any of the
penal laws of the country
Answer: It would interrupt the running again.
of the prescriptive period. B.
B. BY COMMUTATION OF
Question: What is the effect of the SENTENCE
acceptance of the convict of a
conditional pardon? C. FOR GOOD CONDUCT
ALLOWANCES

The convict may earn

17 "Escape" in legal parlance and for purposes of Articles
93 and 157 of the RPC means unlawful departure of prisoner from these while he is serving
the limits of his custody. Clearly, one who has not been committed to
prison cannot be said to have escaped therefrom (Del Castillo v.
his sentence.
Torrecampo (2002). Example: Article 158. A
convict who escapes the
 place of confinement on Pardon
the occasion of disorder May be give at May be given
resulting from a any time after after the
conflagration, final judgment; is prisoner has
earthquake or similar granted by he served the
catastrophe, or during a Chief minimum
mutiny in which he has Executive under penalty; is
not participated; but who the provisions of granted by the
returns within 48 hours the Board of Pardons
after the proclamation Administrative and Parole under
that the calamity had Code the provisions of
passed shall be given the
credit of 1/5 deduction of Indeterminate
the original sentence. Sentence Law
In case of In case of
Note: Not an automatic right violation, the violation, the
for it has to be granted by the convict may be convict may not
Director of Prisons (Art. 99). prosecuted be prosecuted
Also, he must be serving his under under Art. 159 of
sentence. Thus, if released Art. 159 of the
the RPC.
because of conditional pardon, RPC.
this provision is not applicable.

E. BY PROBATION
D. BY PAROLE
Note: Please see Probation Law on page
Definition: The
117.
suspension of the
sentence of the convict
after serving the
minimum term of the
intermediate penalty,
without being granted a
pardon, prescribing the
terms upon which the
sentence shall be
suspended.

Question: What happens if the convict

fails to observe the condition of the
parole?

Answer: The Board of Pardons and

Parole is authorized to:
1. Direct his arrest and return
to custody
2. To carry out his sentence
without deduction of the
time that has elapsed
between the date of the
parole and the subsequent
arrest.

Difference between Conditional

Pardon and Parole

Conditional Parole
 c. when the court finds that
there is only civil liability.

B. CIVIL LIABILITY IN CERTAIN

CASES

1) CIVIL LIABILITY FOR ACTS

VIII. CIVIL LIABILITY ARISING COMMITTED
FROM A FELONY BY AN INSANE OR IMBECILE OR
MINOR
A. IN GENERAL UNDER 9 OR OVER 9 AND LESS
THAN 15 WHO ACTED WITH
B. CIVIL LIABILITY IN CERTAIN DISCERNMENT
CASES
2) CIVIL LIABILITY FOR ACTS
C. WHAT CIVIL LIABILITY INCLUDES COMMITTED
BY PERSONS ACTING UNDER
D. EXTINCTION OF CIVIL LIABILITY
IRRESISTIBLE FORCE OR
UNCONTROLLABE FEAR

3) CIVIL LIABILITY OF PERSONS

A. IN GENERAL
ACTING
UNDER JUSTIFYING
Art. 100. Civil liability of a CIRCUMSTANCES
person guilty of felony. Every
person criminally liable for a 4) CIVIL LIABILITY OF INNKEEPERS
felony is also civilly liable. AND
SIMILAR PERSONS
Civil liability arises from the
commission of the felony. 5) SUBSIDIARY LIABILITY OF
OTHER PERSONS
It is determined in the criminal
action except if:
CIVIL LIABILITY OF PERSONS
the offended party waives
a.
EXEMPT FROM
his right to file a civil action
CRIMINAL LIABILITY
b. the offended party reserves
Exemption from criminal liability
his right to institute it
does not include exemption from
separately, or
civil liability.
c. the offended party
institutes the civil
Exceptions:
action prior to the criminal action.
1.There is no civil liability in
paragraph 4 of Art. 12 which
Effect of ACQUITTAL: provides for injury caused by
As a rule, if the offender is mere accident.
acquitted, the civil liability 2.There is no civil liability in par.
is extinguished, except: 7 of Art. 12 which provides for
failure to perform an act
a. if the acquittal is based on required by law when
reasonable doubt prevented by some lawful or
b. the acquittal was due to an insuperable cause.
exempting circumstance
like insanity and 1) CIVIL LIABILITY FOR ACTS COMMITTED
BY AN INSANE OR IMBECILE OR MINOR
UNDER 9 OR OVER 9 AND LESS THAN 15
WHO ACTED WITH DISCERNMENT
A minor
over 15 years of age 2.
who acts with discernment
is not exempt from criminal
liability.
Parents are subsidiarily liable
according to Art 2180 of the
3.
Civil Code.
The final release of a child based
on good conduct does not obliterate
his civil liability for damages.
representing him of the deposit of
their goods within the inn or
house.
The guest followed the directions
of the innkeeper or his
representative with respect to the
care of the vigilance over such
goods.
Such goods of the guests lodging
therein were taken by robbery
with force upon things or theft
committed within the inn or
house.

2) CIVIL LIABILITY FOR ACTS No liability shall attach in case

COMMITTED of robbery with violence
BY PERSONS ACTING UNDER against or
IRRESISTIBLE FORCE OR intimidation of persons,
UNCONTROLLABE FEAR unless committed by the
innkeepers employees.
The persons using violence or
causing the fear are primarily liable. It is not necessary that the
If there be no such persons, those effects of the guest be actually
doing the act shall be liable delivered to the innkeeper,
secondarily. it is enough that they were
within the inn.
3) CIVIL LIABILITY OF PERSONS ACTING
UNDER JUSTIFYING CIRCUMSTANCES 5) SUBSIDIARY LIABILITY OF
OTHER
There is no civil liability in justifying PERSONS
circumstances except in par. 4 of Art. 11
Art 103 ELEMENTS:
4) CIVIL LIABILITY OF INNKEEPERS AND
SIMILAR PERSONS 1. The employer, teacher,
person or corporation is
ELEMENTS OF At 102 PAR. 1: engaged in any kind of
industry.
1. That the INNKEEPER,
TAVERNKEEPER OR PROPRIETOR 2. Any of their servants,
of establishment or his employee pupils, workmen,
committed a violation of apprentices or employees
municipal ordinance or some commits a felony while in
general or special police the discharge of his duties.
regulation.
3. The said employee is
2. That a crime is committed in such insolvent and has not
inn, tavern or establishment. satisfied his civil liability.

3. That the person criminally liable is No defense of diligence of a

insolvent. good father of a family.
Supreme Court ruled that even
ELEMENTS OF PAR 2. though the guest did not obey
the rules and regulations, the
1. The guests notified in advance guests will only be regarded as
the innkeeper or the person contributory negligence, but it
 wont absolve the ILLUSTRATION:
management from civil liability
(Esguerra notes) If a third party bought a property in a
public auction conducted by the sheriff,
Subsidiary civil liability is the buyer of the property at such
imposed in the following: execution sale is protected by law. The
1. In case of a felony offended party may only resort to
committed under the reparation of the damage done from the
compulsion of an irresistible offender.
force. The person who
employed the irresistible Regardless of the crime
force is subsidiarily liable; committed,
if the property is illegally
2. In case of a felony taken from the offended party
committed under an impulse during the commission of the
of an equal or greater injury. crime,
The person who generated the court may direct the
such an impulse is offender to restore or restitute
subsidiarily liable. such property to the offended
party.

ILLUSTRATION:
C. WHAT CIVIL LIABILITY INCLUDES
Where the offender committed rape,
Civil liability of the offender falls during the rape, the offender took the
under three categories: earrings of the victim. The offender
was prosecuted for rape and theft. The
1. Restitution or Restoration offender reasoned that he took the
earrings of the victim to have a
2. Reparation of the damage souvenir of the sexual intercourse.
caused Supreme Court ruled that the crime
committed is not theft and rape but
3. Indemnification of rape and unjust vexation for the taking
consequential damages of the earning. The latter crime is not a
crime against property but a crime
against personal security and liberty
1. RESTITUTION OR RESTORATION under Title IX of Book II of the RPC.

Presupposes that If there is violation of Anti-Fencing

the offended party was Law the fence
divested of property, incurs criminal liability
and such property must be aside from being required to
returned. restitute the personal property

If the property is in the hands of a If RESTITUTION cannot be made

third party,
the same shall be restored
to the offended party
even if third party may be a
holder for value and a buyer in
good faith of the property
Except when such third party
buys the property from a public sale
where the law protects the buyer.
then
REPARATION should be made
IF OFFENDER DIES provided he
died after judgment became final:
The heirs of offender
shall assume the civil
liability,
but only to the extent that
they inherit property from the
deceased
 3. those suffered by 3rd person
IF OFFENDED PARTY DIES: by reason of the crime
the heirs of the offended
party step into the shoes of the ILLUSTRATION:
latter to demand civil liability The offender carnapped a bridal
from the offender. car while the newly-weds were
inside the church. Since the car
2. REPARATION OF THE DAMAGE was only rented, consequential
CAUSED damage not only to the newly-
weds but also to the entity which
Reparation is made by rented the car to them.
requiring the offender to pay
the value of damages. 1) Espaa v. People (2005)
The award for civil indemnity ex
The court determines the delicto is mandatory and is
amount of damages by granted to the heirs of the victim
considering: without need of proof other than
the commission of the crime.
a) the price of the thing and
b) Its special sentimental value In the crime of rape, the
to the offended party by. damages awarded to the
offended woman is generally
P30,000.00 for the damage to
If property is brand new, then
her honor.
there will be an allowance for
depreciation
The present procedural law
does not allow a blanket
The damages are limited to
recovery of damages.
those caused by the crime.
Each kind of damages must
be specified and the
3. INDEMNIFICATION OF
amount duly proven.
CONSEQUENTIAL
DAMAGES
When there are several
offenders,
Indemnification of
the court shall determine
consequential damages refers
what shall be the share of
to the loss of earnings, loss of
each offender
profits.
depending upon the degree
Where DEATH results:
of participation as
1. INDEMNITY: P50,000
principal, accomplice or
2. Lost of Earning Capacity
accessory.
3. Support to a non-heir
4. Moral damages for mental
If there are more than one
anguish
principal or more than one
5. Exemplary damages if
accomplice or accessory,
attended by 1 or more
the liability in each class of
aggravating circumstances
offender shall be subsidiary.
Anyone of them may be
Indemnification for
required to pay the civil
consequential damages
liability pertaining to such
includes:
offender
1. those caused the injured
without prejudice to
party
recovery from those whose
2. those suffered by the share have been paid by
family, or another.
 If all the principals are
insolvent, the obligation shall
devolve upon the
accomplice(s) or accessory(s).
But whoever pays shall have
the right of covering the share
of the obligation from those
who did not pay but are civilly
liable.

To relate with Article 38,

when there is an order or
preference of pecuniary
(monetary) liability,
therefore, restitution is not
included here.

There is no subsidiary penalty

for nonpayment of civil liability.

2) People vs. Tupal, 2003,

Exemplary damages were awarded

when the offense was committed with
at least 1 aggravating circumstance.

D. EXTINCTION OF CIVIL LIABILITY

Extinguished in the same manner

as other obligations in accordance with
the provisions of the Civil Code.

Loss of the thing due

does not extinguish civil liability
because if the offender cannot
make restitution, he is obliged to
make reparation.

Unless extinguished, civil liability

subsists
even if the offender has served
sentence consisting of deprivation
of liberty or other rights or has
served the same, due to amnesty,
pardon, commutation of sentence
or any other reason.