San Beda Criminal Law MemAid

San Beda College of Law 1
MEMORY AID IN CRIMINAL LAW
BOOK ONE
CRIMINAL LAW - that branch or division law of nations defined in Title

of law which defines crimes, treats of One of Book Two.
their nature and provides for their EXCEPTION TO THE EXCEPTION:
punishment. Penal laws not applicable within
or without Philippine territory if so
CHARACTERISTICS OF CRIMINAL LAW provided in treaties and laws of
1. GENERAL - it is binding on all preferential application. (Art.2, RPC)
persons who live or sojourn in the
Philippine territory (Art. 14, NCC) 3. PROSPECTIVE
EXCEPTIONS: GENERAL RULE: Penal laws cannot
a) Treaty stipulations make an act punishable in a manner
b) Laws of preferential application in which it was not punishable when
c) Principles of Public International committed.
Law. EXCEPTION: (it may be applied
The following persons are retroactively) When the new law is
exempted: favorable to the accused.
a. Sovereigns and other EXCEPTION TO THE EXCEPTION
chief of state a) The new law is expressly
b. Ambassadors,ministers, made inapplicable to pending
plenipotentiary, minister actions or existing causes of
resident and charges actions.
daffaires. b) Offender is a habitual
criminal.
Consuls, vice-consuls and other
LIMITATIONS ON THE POWER OF
commercial representatives of
CONGRESS TO ENACT PENAL LAWS:
foreign nation cannot claim the
1. No ex post facto law shall be
privileges and immunities accorded
enacted
to ambassadors and ministers.
2. No bill of attainder shall be enacted
3. No law that violates equal protection
2. TERRITORIAL penal laws of the clause of the constitution shall be
Philippines are enforceable only enacted
within its territory. 4. No law which imposes cruel and
EXCEPTIONS: (Art. 2, RPC) i.e., unusual punishments nor excessive
enforceable even outside fines shall be enacted.
Philippine territory.
1) Offense committed while on a THEORIES IN CRIMINAL LAW
Philippine ship or airship 1. Classical Theory - basis of
2) Forging or counterfeiting any criminal liability is human free will.
coin or currency note of the Under this theory, the purpose of
Philippines or obligations and penalty is retribution. The RPC is
securities issued by the generally governed by this theory.
Government.
2. Positivist Theory basis of
3) Introduction into the country of criminal liability is the sum of the
the above-mentioned obligations social and economic phenomena to
and securities. which the actor is exposed wherein
4) While being public officers or prevention and correction is the
employees should commit an purpose of penalty. This theory is
offense in the exercise of their exemplified in the provisions
functions. regarding impossible crimes and
5) Should commit any of the crimes habitual delinquency.
against national security and the
CRIMINAL LAW COMMITTEE

CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani
Brillante, Jr.
2 2005 CENTRALIZED BAR OPERATIONS
3. Eclectic or Mixed Theory ART. 3 FELONIES

combination of positivist and
classical thinking wherein crimes Felonies are acts or omissions
that are economic and social in punishable by the RPC.
nature should be dealt in a positive
manner; thus, the law is more ELEMENTS OF FELONIES (GENERAL)
compassionate. 1. there must be an act or omission ie,
there must be external acts.
2. the act or omission must be
PRELIMINARY TITLE punishable by the RPC.
3. the act is performed or the omission
ART. 2 APPLICATION OF ITS incurred by means of dolo or culpa.
PROVISIONS
NULLUM CRIMEN, NULLA POENA SINE
RULES ON VESSELS: LEGE - there is no crime where there is
1.) Philippine vessel or aircraft. no law punishing it.
Must be understood as that which is
registered in the Philippine Bureau CLASSIFICATION OF FELONIES
of Customs. ACCORDING TO THE MEANS BY WHICH
THEY ARE COMMITTED:
2.) On Foreign Merchant Vessels
ENGLISH RULE: Crimes committed 1. Intentional Felonies the act is
aboard a vessel within the territorial performed with deliberate intent or
waters of a country are triable in malice.
the courts of such country. Requisites of DOLO or MALICE:
EXCEPTION: When the crimes merely a. Freedom
affect things within the vessel or b. Intelligence
when they only refer to the internal c. Criminal Intent
management thereof.
Mistake of Fact is a misapprehension of
fact on the part of the person causing
FRENCH RULE:
injury to another. Such person is not
GENERAL RULE: Crimes committed
criminally liable as he acted without
aboard vessel within the territorial
criminal intent.
waters of a country are not triable
in the courts of said country.
Requisites of mistake of fact as
EXCEPTION: When their commission
a defense:
affects the peace and security of the
a. That the act done would
territory or when the safety of the
have been lawful had the facts been
state is endangered.
as the accused believed them to be.
b. That the intention of the
In the Philippines, we follow the accused in performing the act should
English Rule. be lawful.
c. That the mistake must
In the case of a foreign warship, the be without fault or carelessness on
same is not subject to territorial the part of the accused.
laws.
2. Culpable Felonies - performed
TITLE ONE: FELONIES AND without malice.
CIRCUMSTANCES WHICH AFFECT Requisites of CULPA:
CRIMINAL LIABILITY a. Freedom
Chapter One: Felonies (Arts. 3-10)
b. Intelligence
c. Negligence and Imprudence
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
REASON FOR PUNSHING extent.

ACTS OF NEGLIGENCE: A man must
use common sense and exercise due
reflection in all his acts; it is his duty
to be cautious, careful and prudent.
Mala Prohibita - the class of crimes

punishable by SPECIAL LAWS and where
criminal intent is not, as a rule,
necessary, it being sufficient that the 6. As to Violation of the Violation of
offender has the intent to perpetrate the what RPC (General Special Laws
act prohibited by the special law. laws are rule) (General rule)
violated
MALA IN SE vs. MALA PROHIBITA
MALA
MALA IN SE PROHIBITA Intent distinguished from Motive
INTENT MOTIVE
1. As to The moral trait The moral 1. Is the purpose to 1. Is the moving
moral is considered. trait of the use a particular power which impels
trait of Liability will offender is not means to effect one to act
the arise only when considered. It such result
offender there is dolo or is enough that 2. Is an element of 2. Is NOT an
culpa. the prohibited the crime, except in element of the
act was unintentional crime
voluntarily felonies (culpable)
done. 3. Is essential in 3. Is essential only
intentional felonies when the identity of
2. As to Good faith or Good faith is the perpetrator is in
use of lack of criminal not a defense. doubt
good intent is a valid
faith as defense; unless
a the crime is the
defense result of culpa. ART. 4 CRIMINAL LIABILITY
3. As to The degree of The act gives PAR. 1 - Criminal Liability for a felony
degree accomplishment rise to a crime different from that intended to be
of of the crime is only when it is committed
accom- taken into consummated.
plish- account in REQUISITES:
ment of punishing the a) That an intentional felony has been
the offender.
committed.
crime
b) That the wrong done to the
4. As to Mitigating and Mitigating and aggrieved party be the direct,
mitigati aggravating aggravating natural and logical consequence of
ng and circumstances circumstances the felony committed.
aggravat are taken into are generally
ing account in not taken into PROXIMATE CAUSE that cause, which,
circum- imposing the account. in the natural and continuous sequence,
stances penalty. unbroken by any efficient intervening
5. As to When there is Degree of cause, produces the injury without which
degree more than one participation is
the result would not have occurred.
of offender, the generally not
partici- degree of taken into
pation participation of account. All Thus, the person is still criminally
each in the who liable in:
commission of participated in 1. Error in personae- mistake in the
the crime is the act are identity of the victim.
taken into punished to 2. Abberatio ictus mistake in the
account. the same blow.

Brillante, Jr.
3. Praeter intentionem lack of intent c) The offenders acts are not stopped
to commit so grave a wrong. by his own spontaneous desistance.
PAR. 2 (IMPOSSIBLE CRIME)

REQUISITES:
a) That the act performed would be an
offense against persons or property. DESISTANCE - is an absolutory cause
b) That the act was done with evil which negates criminal liability because
intent. the law encourages a person to desist
c) That its accomplishment is from committing a crime.
inherently impossible, or that the - this is applicable only in
means employed is either the attempted stage.
inadequate or ineffectual.
d) That the act performed should not OVERT ACTS Some physical activity or
constitute a violation of another deed, indicating intention to commit a
provision of the RPC. particular crime, more than a mere
planning or preparation, which if carried
to its complete termination following its
ART. 6 CONSUMMATED, natural course, without being frustrated
FRUSTRATED & ATTEMPTED by external obstacles, nor by voluntary
FELONIES desistance of the perpetrator will
logically ripen into a concrete offense.
STAGES OF EXECUTION:
CONSUMMATED FELONY INDETERMINATE OFFENSE: One where
When all the elements necessary for the purpose of the offender in
its execution and accomplishment performing an act is not certain. The
are present. accused maybe convicted for a felony
defined by the acts performed by him up
1. FRUSTRATED FELONY to the time of desistance.
ELEMENTS:
a) The offender performs all the acts of 2 STAGES IN THE DEVELOPMENT OF A
execution. CRIME:
b) All the acts performed would 1) Internal acts
produce the felony as a Such as mere ideas in the mind
consequence. of person.
c) But the felony is not produced. Not punishable.
d) By the reason of causes independent 2) External acts cover:
of the will of the perpetrator. a) Preparatory acts - ordinarily not
punished except when
WHAT CRIMES DO NOT ADMIT OF considered by law as
FRUSTRATED STAGE? independent crimes (e.g. Art.
1) Rape 304, Possession of picklocks and
2) Bribery similar tools)
3) Corruption of Public Officers b) Acts of Execution - punishable
4) Adultery under the RPC
5) Physical Injury
ART. 7 LIGHT FELONIES
2. ATTEMPTED FELONY
ELEMENTS:
Light Felonies are punishable only
a) The offender commences the
when they have been consummated
commission of the felony directly by
EXCEPT: If committed against
overt acts.
persons or property, punishable even
b) He does not perform all the acts of
if not consummated.
execution which should produce the
felony.

CHAIRPERSONS
Only principals and accomplices are

liable, accessories are not liable Conspiracy may be
even if committed against persons or inferred when two or more persons
property. proceed to perform overt acts
towards the accomplishment of the
same felonious objective, with each
ART. 8 CONSPIRACY AND doing his act, so that their acts
PROPOSAL TO COMMIT FELONY though seemingly independent were
in fact connected, showing a
REQUISITES OF CONSPIRACY common design.
1. That 2 or more persons came to an
agreement. These overt acts must
2. That the agreement pertains to the consist of:
commission of a felony. - active participation in the actual
3. That the execution of the felony was commission of the crime itself, or
decided upon. - moral assistance to his co-
conspirators by being present at the
2 CONCEPTS OF CONSPIRACY time of the commission of the crime,
1. Conspiracy as a crime by itself. or
EXAMPLE: conspiracy to commit - exerting a moral ascendance over
rebellion or insurrection, treason, the other co-conspirators by moving
sedition. them to execute or implement the
2. Conspiracy as a means of committing criminal plan (PEOPLE vs. ABUT, et
a crime al., GR No. 137601, April 24, 2003)
a) There is a previous and express
agreement; REQUISITES OF PROPOSAL:
b) The participants acted in concert 1. That a person has decided to commit
or simultaneously which is a felony; and
indicative of a meeting of the 2. That he proposes its execution to
minds towards a common some other person or persons.
criminal objective. There is an
implied agreement.
ART. 9 CLASSIFICATION OF
GENERAL RULE: Mere conspiracy or
FELONIES ACCORDING TO GRAVITY
proposal to commit a felony is not
punishable since they are only
Importance of Classification
preparatory acts
EXCEPTION: in cases in which the law 1. To determine whether these felonies
specially provides a penalty therefor, can be complexed or not.
such as in treason, coup detat, and 2. To determine the prescription of the
rebellion or insurrection crime and the prescription of the
penalty.
The act of one is the act of all
GENERAL RULE: When conspiracy is Grave felonies are those to which the
established, all who participated law attaches the capital punishment or
therein, irrespective of the quantity or penalties which in any of their periods
quality of his participation is liable are afflictive, in accordance with Art. 25
equally, whether conspiracy is pre- of the Code.
planned or instantaneous. EXCEPTION:
Unless one or some of the conspirators Less grave felonies are those which
committed some other crime which is the law punishes with penalties which in
not part of the intended crime. their maximum period are correctional,
EXCEPTION TO THE EXCEPTION: When in accordance with Art. 25 of the Code.
the act constitutes a single indivisible
offense. Light felonies are those infractions of
law for the commission of which the

Brillante, Jr.
penalty of arresto menor or a fine not c) Lack of sufficient provocation on the

exceeding 200 pesos, or both, is part of the person defending
provided. himself.
ART. 10 OFFENSES NOT SUBJECT UNLAWFUL AGGRESSION

TO THE PROVISIONS OF THE RPC - is equivalent to an actual
physical assault or, at least
GENERAL RULE: RPC provisions are - threatened assault of an
supplementary to special laws. immediate and imminent kind which is
EXCEPTION: offensive and positively strong, showing
1. Where the special law provides the wrongful intent to cause injury.
otherwise; and
2. When the provisions of the RPC are
impossible of application, either by TEST OF REASONABLENESS the means
express provision or by necessary employed depends upon the nature and
implication. quality of the (1) weapon used by the
aggressor, and (2) his physical condition,
Thus, when the special law adopts the character, size and other circumstances,
penalties imposed in the RPC, such as (3) and those of the person defending
reclusin perpetua or reclusin himself, (4) and also the place and
temporal, the provisions of the RPC on occasion of the assault.
imposition of penalties based on stage of
execution, degree of participation, and
attendance of mitigating and aggravating Perfect equality between the
circumstances may be applied by weapons used by the one defending
necessary implication. himself and that of the aggressor is
not required, nor material
commensurability between the
Chapter Two: Justifying Circumstances means of attack and defense.
and Circumstances Which Exempt from REASON: Because the person
Criminal Liability (Arts. 11-12) assaulted does not have sufficient
tranquility of mind to think and to
ART. 11. JUSTIFYING calculate.
CIRCUMSTANCES
JUSTIFYING CIRCUMSTANCES are those Rights included in self-defense:

where the act of a person is said to be in Self-defense includes not only the
accordance with law, so that such person defense of the person or body of the one
is deemed not to have transgressed the assaulted but also that of his rights, the
law and is free from both criminal and enjoyment of which is protected by law.
civil liability. There is no civil liability, Thus, it includes:
except in par. 4 of Art. 11, where the
1. The right to honor. Hence, a slap on
civil liability is borne by the persons
the face is considered as unlawful
benefited by the act.
aggression directed against the
honor of the actor (People vs. Sabio,
1. SELF- DEFENSE
19 SCRA 901).
REQUISITES: 2. The defense of property rights, only
if there is also an actual and
a) Unlawful aggression (condition sine
imminent danger on the person of
qua non);
the one defending ( People vs
b) Reasonable necessity of the means Narvaez, 121 SCRA 389).
employed to prevent or repel it; and
CHAIRPERSONS
Stand ground when in the right - the 2. Reasonable necessity of the means
law does not require a person to retreat employed to prevent or repel it; and
when his assailant is rapidly advancing 3. The person defending be not induced
upon him with a deadly weapon. by revenge, resentment or other evil
motive.
Under Republic Act 9262, known as the 4. AVOIDANCE OF GREATER EVIL OR
Anti- Violence against Women and their INJURY
Children Act of 2004:
Victim-survivors who are found REQUISITES:
by the courts to be suffering from 1. That the evil sought to be avoided
Battered Woman Syndrome do not incur actually exists:
any criminal or civil liability 2. That the injury feared be greater
notwithstanding the absence of any of than that done to avoid it; and
the elements for justifying 3. There be no other practical and
circumstances of self-defense under the less harmful means of preventing
RPC. (Sec. 26, R.A. No. 9262) The law it.
provides for an additional justifying
circumstance. No civil liability except when there is
Battered Woman Syndrome another person benefited in which
refers to a scientifically defined pattern case the latter is the one liable.
of psychological and behavioral
symptoms found in women living in Greater evil must not be brought
battering relationships as a result of about by the negligence or
cumulative abuse. imprudence or violation of law by
Battery refers to any act of the actor.
inflicting physical harm upon the woman
or her child resulting to physical and 5. FULFILLMENT OF DUTY; OR LAWFUL
psychological or emotional distress. EXERCISE OF RIGHT OR OFFICE.
2. DEFENSE OF RELATIVES REQUISITES:

1. That the accused acted in the
REQUISITES: performance of a duty or in the
1. Unlawful Aggression; lawful exercise of a right or
2. Reasonable necessity of the office;
means employed to prevent or 2. That the injury caused or the
repel it; and offense committed be the
3. In case the provocation was necessary consequence of the
given by the person attacked, due performance of duty or the
the one making the defense had lawful exercise of such right or
no part therein. office.
RELATIVES THAT CAN BE DEFENDED: 6. OBEDIENCE TO AN ORDER ISSUED

1. Spouse FOR SOME LAWFUL PURPOSE.
2. Ascendants
3. Descendants REQUISITES:
4. Legitimate, natural or adopted 1. That an order has been issued by a
brothers and sisters, or relatives by superior.
affinity in the same degrees. 2. That such order must be for some
5. Relatives by consanguinity within the lawful purpose
fourth civil degree. 3. That the means used by the
subordinate to carry out said order
3. DEFENSE OF STRANGER is lawful.
REQUISITES: Subordinate is not liable for carrying

1. Unlawful Aggression; out an illegal order if he is not aware

Brillante, Jr.
of its illegality and he is not exempt in all cases from criminal

negligent. liability.
ART. 12. EXEMPTING TWO TESTS OF INSANITY:

CIRCUMSTANCES 1. Test of COGNITION complete
deprivation of intelligence in
Exempting Circumstances (or the committing the crime.
circumstances for non-imputability) 2. Test of VOLITION total
are those grounds for exemption from deprivation of freedom of will.
punishment, because there is wanting in The defense must prove
the agent of the crime any of the that the accused was insane at the
conditions which makes the act time of the commission of the crime
voluntary, or negligent. because the presumption is always in
favor of sanity.
BASIS:
The exemption from punishment is based Insanity exists when
on the complete absence of intelligence, there is a complete deprivation of
freedom of action, or intent, or on the intelligence in committing the act.
absence of negligence on the part of the Mere abnormality of the mental
accused. faculties will not exclude
imputability. The accused must be
JUSTIFYING EXEMPTING "so insane as to be incapable of
CIRCUMSTANCE CIRCUMSTANCE entertaining criminal intent." He
1. It affects the act 1. It affects the actor must be deprived of reason and
not the actor. not the act. acting without the least discernment
2. The act is 2. The act because there is a complete absence
considered to have complained of is of the power to discern or a total
been done within the actually wrongful,
deprivation of freedom of the will.
bounds of law; but the actor is not
hence, legitimate liable. (PEOPLE vs. ANTONIO, GR No.
and lawful in the 144266, November 27, 2002)
eyes of the law.
3. Since the act is 3. Since the act 2. PERSON UNDER NINE YEARS OF AGE
considered lawful, complained of is
there is no crime. actually wrong there An infant under the age of nine years
is a crime but since is absolutely and conclusively
the actor acted presumed to be incapable of
without
voluntariness, there
committing a crime.
is no dolo nor culpa
The phrase under nine years
4. Since there is no 4. Since there is a should be construed nine years or
crime, nor a crime committed less
criminal, there is though there is no
also no criminal or criminal, there is 3. PERSON OVER NINE YEARS OF AGE
civil liability. (except civil liability. AND UNDER 15 ACTING WITHOUT
Art. 11, par. 4)
DISCERNMENT.
1. IMBECILITY OR INSANITY Must have acted without

Insanity or imbecility exists when there discernment.
is a complete deprivation of intelligence
or freedom of the will. DISCERNMENT mental capacity to fully
An insane person is not so exempt if appreciate the consequences of an
it can be shown that he acted during unlawful act.
a lucid interval. But an imbecile is Discernment maybe shown by:

CHAIRPERSONS
a) The manner the crime was

committed: or ACTUS ME INVITO FACTUS NON
b) The conduct of the offender after its EST MEUS ACTUS An act done by
commission. me against my will is not my act.
4. ACCIDENT WITHOUT FAULT OR 7. INSUPERABLE CAUSE.

INTENTION OF CAUSING IT
INSUPERABLE CAUSE some motive
Basis: Lack of negligence or intent. which has lawfully, morally or physically
prevented a person to do what the law
ELEMENTS: commands.
1. A person is performing a lawful act;
2. With due care; ELEMENTS:
3. He causes injury to another by mere 1. That an act is required by law to be
accident; done.
4. Without fault or intention of causing 2. That a person fails to perform such
it. act.
3. That his failure to perform such act
5. A PERSON WHO ACTS UNDER THE was due to some lawful or
COMPULSION OF AN IRRESISTABLE insuperable cause.
FORCE
Examples:
ELEMENTS: a. The municipal president detained
1. That the compulsion is by means the offended party for three days
of physical force. because to take him to the nearest
2. That the physical force must be justice of the peace required a
irresistable. journey for three days by boat as
3. That the physical force must there was no other means of
come from a third person. transportation. (US vs. Vicentillo, 19
Phil. 118)
Basis: complete absence of freedom The distance which required a
or voluntariness. journey for three days was
considered an insuperable cause.
The force must be so irresistable as Note: Under the law, the person
to reduce the actor to a mere arrested must be delivered to the
instrument who act not only without nearest judicial authority at most
will but against his will. within 18 hours (now 36 hours, Art.
125 RPC); otherwise, the public
6. UNCONTROLLABLE FEAR officer will be liable for arbitrary
detention.
ELEMENTS:
1. That the threat which causes the b. A mother who at the time of
fear is of an evil greater than, or at childbirth was overcome by severe
least equal to, that which he is dizziness and extreme debility, and
required to commit; left the child in a thicket were said
2. That it promises an evil of such child died, is not liable for
gravity and imminence that the infanticide because it was physically
ordinary man would have succumbed impossible for her to take home the
to it. child. (People vs. Bandian, 63 Phil.
530).
Duress as a valid defense should be The severe dizziness and
based on real, imminent, or extreme debility of the woman
reasonable fear for ones life or limb constitute an insuperable cause.
and should not be speculative,
fanciful, or remote fear.

Brillante, Jr.
ABSOLUTORY CAUSES - are those where mitigating circumstances arising

the act committed is a crime but for from the same fact.
reasons of public policy and sentiment,
there is no penalty imposed. BASIS : Diminution of either freedom of
action intelligence or intent or on the
lesser perversity of the offender.
Other absolutory causes:
1. Spontaneous desistance (Art. 6) CLASSES ORDINARY PRIVILEGED
2. Accessories who are exempt from Source Subsections Arts. 68, 69
criminal liability (Art. 20) 1-10 of Art. and 64 of
3. Death or physical injuries inflicted 13 (RPC) RPC
under exceptional circumstances As to the If not offset It operates
(Art. 247) effect (by an to reduce
aggravating the penalty
4. Persons exempt from criminal
circumstanc by one to
liability for theft, swindling and e) it will two degrees
malicious mischief (Art. 332) operate to depending
5. Instigation have the upon what
penalty the law
Entrapment is NOT an absolutory imposed at provides
its minimum
cause. A buy-bust operation
period,
conducted in connection with illegal provided the
drug-related offenses is a form of penalty is a
entrapment. divisible one
As to offset May be Cannot be
ENTRAPMENT INSTIGATION offset by offset
1. Ways and 1. Instigator aggravating
means are induces the would- circums-
resorted to for the be accused to tance
capture of commit the crime,
lawbreaker in the hence he becomes a 1. INCOMPLETE JUSTIFYING OR
execution of his co-principal. EXEMPTING CIRCUMSTANCES
criminal plan.
2. not a bar to 2. it will result in
the prosecution the acquittal of the Applies, when all the requisites
and conviction of accused. necessary to justify the act are not
the lawbreaker attendant.
But in the case of incomplete self-

Chapter Three: Circumstances Which defense, defense of relatives, and
Mitigate Criminal Liability defense of a stranger, unlawful
aggression must be present, it being
ART.13 MITIGATING CIRCUMSTANCES an indispensable requisite.
MITIGATING CIRCUMSTANCES those 2. UNDER 18, OR OVER 70 YEARS OLD

which if present in the commission of
the crime, do not entirely free the actor It is the age of the accused at the
from criminal liability but serve only to time of the commission of the crime
reduce the penalty. which should be determined. His
age at the time of the trial is
One single fact cannot be made immaterial.
the basis of more than one
mitigating circumstance. Hence, a Legal effects of various ages of
mitigating circumstance arising from offender
a single fact, absorbs all the other 1. Nine (9) years of age and below
exempting circumstance. (Art. 12,
par. 2)
CHAIRPERSONS
2. Over 9 but not more than 15 The threat should not be offensive
exempting unless, he acted with and positively strong. Otherwise,
discernment in which case penalty the threat to inflict real injury is an
is reduced to at least two (2) unlawful aggression, which may give
degrees lower than that imposed. rise to self-defense.
(Art. 12, par. 3; Art. 68, par. 1)
3. Above 15 but under 18 - regardless 5. VINDICATION OF GRAVE OFFENSE
of discernment, penalty is reduced
by one (1) degree lower than that REQUISITES:
imposed. (Art. 68 par. 2) 1. That there be a grave offense done
4. Minor delinquent under 18 years of to the one committing the felony,
age, sentence suspended (Art. 192, his spouse, ascendants;
PD 603 as amended by PD 1179) descendants, legitimate, natural or
5. 18 years or over full criminal adopted brothers or sisters or
responsibility. relatives by affinity within the same
6. 70 years or over mitigating, no degrees;
imposition of death penalty; if 2. That the felony is committed in
already imposed, execution of immediate vindication of such grave
death penalty is suspended and offense.
commuted.
Immediate allows for a lapse of
BASIS: diminution of intelligence time unlike in sufficient provocation,
as long as the offender is still
3. NO INTENTION TO COMMIT SO suffering from the mental agony
GRAVE A WRONG brought about by the offense to him.
Rule for the application: PROVOCATION VINDICATION

Can be taken into account only when the 1. It is made 1. The grave
facts proven show that there is a notable directly only to the offense may be
and evident disproportion between the person committing committed also
the felony. against the
means employed to execute the criminal
offenders relatives
act and its consequences. mentioned by law.
2. The cause that 2. The offended
Intention may be ascertained by brought about the party must have
considering: provocation need done a grave
a) the weapon used not be a grave offense to the
b) the part of the body injured offense. offender or his
c) the injury inflicted relatives mentioned
by law.
3. It is necessary 3. The vindication
BASIS : intent is diminished
that the provocation of the grave offense
or threat may be proximate,
4. PROVOCATION OR THREAT immediately which admits of an
preceded the act. INTERVAL of time.
PROVOCATION any unjust or improper
conduct or act of the offended party,
5. PASSION OR OBFUSCATION
capable of exciting, inciting or irritating
any one.
It requires that:
1. The accused acted upon an impulse.
REQUISITES:
2. The impulse must be so powerful
1. The provocation must be sufficient.
that it naturally produced passion or
2. It must originate from the offended
obfuscation in him.
party.
3. The provocation must be immediate
REQUISITES:
to the commission of the crime by
the person who is provoked.

Brillante, Jr.
1. That there be an act, both unlawful 2. he wishes to save them the trouble
and sufficient to produce such a and expense necessarily incurred in
condition of mind; his search and capture.
2. That said act which produced the
obfuscation was not far removed
from the commission of the crime by
a considerable length of time, during
which the perpetrator might recover REQUISITES OF VOLUNTARY PLEA OF
his normal equanimity. GUILTY:
1. That the offender spontaneously
A mitigating circumstance only when confessed his guilt.
the same arose from lawful 2. That the confession of guilt was
sentiments. made in open court, that is, before
the competent court that is to try
BASIS: Loss of reasoning and self- the case; and
control, thereby diminishing the 3. That the confession of guilt was
exercise of his will power. made prior to the presentation of
evidence for the prosecution.
WHEN PASSION OR OBFUSCATION NOT BASIS: lesser perversity of the
MITIGATING: When committed: offender.
1. In the spirit of lawlessness, or
2. In a spirit of revenge 8. PHYSICAL DEFECT OF OFFENDER
PASSION/ PROVOCATION When the offender is deaf and

OBFUSCATION dumb, blind or otherwise suffering
- produced by an - the provocation from some physical defect,
impulse which may comes from the restricting his means of action,
be caused by injured party. defense or communication with
provocation others.
- the offense need -must immediately
not be immediate. It precede the The physical defect must relate to
is only required that commission of the the offense committed.
the influence thereof crime.
lasts until the
moment the crime is BASIS: diminution of element of
committed voluntariness.
7. SURRENDER AND CONFESSION OF 9. ILLNESS OF THE OFFENDER

GUILT
REQUISITES:
REQUISITES OF VOLUNTARY 1. That the illness of the offender
SURRENDER: must diminish the exercise of his
1. That the offender had not been will-power.
actually arrested; 2. That such illness should not deprive
2. That the offender surrendered the offender of consciousness of his
himself to a person in authority or to acts.
the latters agent;
3. That the surrender was voluntary. Includes illness of the mind not
amounting to insanity.
WHEN SURRENDER VOLUNTARY
A surrender to be voluntary must be BASIS: diminution of intelligence and
spontaneous, showing the intent of the intent.
accused to submit himself
unconditionally to the authorities, either 10. SIMILAR AND ANALOGOUS
because: CIRCUMSTANCES
1. he acknowledges his guilt; or
CHAIRPERSONS
EXAMPLES: 2. Specific those which apply only to

1) Impulse of jealousy, similar specific crimes, such as ignominy in
to passion and obfuscation. crimes against chastity and cruelty
2) Testifying for the and treachery which are applicable
prosecution, analogous to plea of only to crimes against persons.
guilty a) Disregard of rank, age or sex due
the offended party;
b) Abuse of superior strength or
Chapter Four: Circumstances which means be employed to weaken
Aggravate Criminal Liability (Art. 14) the defense;
c) Treachery (alevosia);
Aggravating circumstances are those d) Ignominy;
which, if attendant in the commission of e) Cruelty;
the crime, serve to have the penalty f) Use of unlicensed firearm in the
imposed in its maximum period provided murder or homicide committed
by law for the offense or change the therewith (RA 8294).
nature of the crime.
BASIS: 3. Qualifying those that change the

They are based on the greater perversity nature of the crime.
of the offender manifested in the
commission of the felony as shown by: Alevosia (treachery) or evident
1. the motivating power itself, premeditation qualifies the
2. the place of the commission, killing of a person to murder.
3. the means and ways employed Art. 248 enumerates the
4. the time, or qualifying aggravating
5. the personal circumstances of the circumstances which quality the
offender, or the offended party. killing of person to murder.
KINDS OF AGGRAVATING
CIRCUMSTANCES: 4. Inherent those which of necessity
accompany the commission of the
1. Generic those which apply to all crime, therefore not considered in
crimes, such as: increasing the penalty to be
a) Advantage taken of public imposed, such as:
position; a) Evident premeditation in
b) Contempt or insult of public robbery, theft, estafa, adultery
authorities; and concubinage;
c) Crime committed in the dwelling b) Abuse of public office in bribery;
of the offended party; c) Breaking of a wall or unlawful
d) Abuse of confidence or obvious entry into a house in robbery
ungratefulness; with the use of force upon
e) Place where crime is committed; things;
f) Nighttime, uninhabited place, or d) Fraud in estafa;
band; e) Deceit in simple seduction;
g) Recidivism (reincidencia); f) Ignominy in rape.
h) Habituality (reiteracion);
i) Craft, fraud or disguise;
j) Unlawful entry; 5. Special those which arise under
k) Breaking of parts of the house; special conditions to increase the
l) Use of persons under 15 years of penalty of the offense and cannot be
age. offset by mitigating circumstances,
such as:
a) Quasi-recidivism (Art. 160);
b) Complex crimes (Art. 48);

Brillante, Jr.
c) Error in personae (Art. 49); 3. Aggravating circumstances which

d) Taking advantage of public arise:
position and membership in an a) From the moral attributes of the
organized/syndicated crime offender, or
group (Par.1[a], Art. 62). b) From his private relations with
the offended party, or
GENERIC QUALIFYING c) From any personal cause,
AGGRAVATING AGGRAVATING shall only serve to aggravate the
CIRCUMSTANCE CIRCUMSTANCE liability of the principals,
As to its effect accomplices and accessories as to
Increases the penalty To give the crime its whom such circumstances are
which should be proper and exclusive attendant. (Art. 62, par. 3)
imposed upon the name and to place 4. The circumstances which consist
accused to the the author thereof in a) In the material execution of
maximum period but such a situation as to the act, or
without exceeding deserve no other b) In the means employed to
the limit prescribed penalty than that
accomplish it,
by law. specially prescribed
by law for said shall serve to aggravate the liability
crime. of those persons only who had
knowledge of them at the time of
the execution of the act or their
As to whether it can be offset by a
cooperation therein. Except when
mitigating circumstance
there is proof of conspiracy in which
May be offset by a Cannot be offset by a
mitigating mitigating case the act of one is deemed to be
circumstance. circumstance the act of all, regardless of lack of
knowledge of the facts constituting
the circumstance. (Art. 62, par. 4)
RULES ON AGGRAVATING 5. Aggravating circumstances,
CIRCUMSTANCES regardless of its kind, should be
1. Aggravating circumstances shall not specifically alleged in the
be appreciated if: information AND proved as fully as
a) They constitute a crime specially the crime itself in order to increase
punishable by law, or the penalty. (Sec. 9, Rule 110, 2000
b) They are included by the law in Rules of Criminal Procedure)
defining a crime and prescribing 6. When there is more than one
a penalty therefor, shall not be qualifying aggravating circumstance
taken into account for the present, one of them will be
purpose of increasing the appreciated as qualifying aggravating
penalty. while the others will be considered
EXAMPLE: That the crime be as generic aggravating.
committed by means of fire,
explosion (Art. 14, par. 12) is in
itself a crime of arson (Art. 321) or a ART. 14 AGGRAVATING
crime involving destruction (Art. CIRCUMSTANCES
324). It is not to be considered to
increase the penalty for the crime of Par. 1. That advantage be taken by
arson or for the crime involving the offender of his public position.
destruction.
2. The same rule shall apply with Applicable only when the offender is
respect to any aggravating a public officer.
circumstance inherent in the crime The offender must have abused his
to such a degree that it must of public position or at least use of the
necessity accompany the commission same facilitated the commission of
thereof. (Art. 62, par. 2) the offense.

CHAIRPERSONS
This circumstance cannot be taken on account of his (a) rank, (b) age, or
into consideration in offenses where (c) sex, or
taking advantage of official position (2) that it be committed in the
is made by law an integral element dwelling of the offended party, if the
of the crime, such as in malversation latter has not given provocation.
under Art. 217, or in falsification of
a document committed by public The four circumstances enumerated
officers under Art. 171. should be considered as one
Taking advantage of a public position aggravating circumstance only.
is also inherent in the case of Disregard of rank, age or sex is
accessories under Art. 19, par. 3 essentially applicable only to crimes
(harboring, concealing, or assisting against person or honor. They are
in the escape of the principal of the not taken into account in crimes
crime), and in crimes committed by against property.
public officers (Arts. 204-245). To be appreciated as an aggravating
circumstance, there must be
evidence that in the commission of
Par. 2 That the crime be committed the crime, the offender deliberately
in contempt of or with insult to the intended to offend or insult the sex,
public authorities. age and rank of the offended party.
Rank of the offended party is the
REQUISITES OF THIS CIRCUMSTANCE: designation or title of distinction used to
1. That the public authority is engaged fix the relative position of the offended
in the exercise of his functions. party in reference to others.
2. That he who is thus engaged in the - there must be a difference in
exercise of said functions is not the the social condition of the offender and
person against whom the crime is the offended party.
committed.
3. The offender knows him to be a Age of the offended party may refer
public authority. to old age or the tender age of the
4. His presence has not prevented the victim.
offender from committing the
criminal act. Sex of the offended party refers to
the female sex, not to the male sex.
Public authority sometimes also called
a person in authority, is a public officer THE AGGRAVATING CIRCUMSTANCE OF
who is directly vested with jurisdiction, DISREGARD OF RANK, AGE, OR SEX IS
that is, a public officer who has the NOT APPLICABLE IN THE FOLLOWING
power to govern and execute the laws; CASES:
like a mayor, councilor, governor, 1. When the offender acted with
barangay captain and barangay passion and obfuscation.
chairman. 2. When there exists a relationship
between the offended party and the
A teacher or professor of a public or offender.
recognized private school is not a 3. When the condition of being a
public authority within the woman is indispensable in the
contemplation of this paragraph. commission of the crime. (e.g. in
While he is a person in authority parricide, abduction, seduction and
under Art. 152, that status is only for rape)
purposes of Art. 148 (direct assault)
and Art. 152 (resistance and Disregard of sex and age are not
disobedience). absorbed in treachery because
treachery refers to the manner of
Par. 3 That the act be committed the commission of the crime, while
(1) with insult or in disregard disregard of sex and age pertains to
of the respect due the offended party

Brillante, Jr.
the relationship of the victim have given the provocation, and the
(People vs. Lapaz, March 31, 1989). fact that the crime is committed in
the dwelling of the offended party is
Dwelling must be a building or not an aggravating circumstance.
structure, exclusively used for rest and REASON: When it is the offended
comfort. A combination of a house and party who has provoked the incident,
a store or a market stall where the he loses his right to the respect and
victim slept is not a dwelling. consideration due him in his own
- dwelling includes house.
dependencies, the foot of the staircase
and enclosure under the house. DWELLING IS NOT AGGRAVATING IN THE
FOLLOWING CASES:
The aggravating circumstance of 1. When both the offender and the
dwelling requires that the crime be offended party are occupants of the
wholly or partly committed therein same house, and this is true even if
or in any integral part thereof. offender is a servant in the house.
Dwelling does not mean the EXCEPTION: In case of adultery
permanent residence or domicile of in the conjugal dwelling, the
the offended party or that he must same is aggravating. However, if
be the owner thereof. He must, the paramour also dwells in the
however, be actually living or conjugal dwelling, the applicable
dwelling therein even for a aggravating circumstance is
temporary duration or purpose. abuse of confidence.
It is not necessary that the accused 2. When robbery is committed by the

should have actually entered the use of force upon things, dwelling is
dwelling of the victim to commit the not aggravating because it is
offense; it is enough that the victim inherent.
was attacked inside his own house,
But dwelling is aggravating in
although the assailant may have
robbery with violence against or
devised means to perpetrate the
intimidation of persons because
assault from without.
this class of robbery can be
committed without the necessity
WHAT AGGRAVATES THE COMMISSION
of trespassing the sanctity of the
OF THE CRIME IN ONES DWELLING:
offended partys house.
1. The abuse of confidence which the
offended party reposed in the
3. In the crime of trespass to dwelling,
offender by opening the door to him;
it is inherent or included by law in
or
defining the crime.
2. The violation of the sanctity of the
home by trespassing therein with
4. When the owner of the dwelling gave
violence or against the will of the
sufficient and immediate
owner.
provocation.
MEANING OF PROVOCATION IN THE There must exist a close relation
AGGRAVATING CIRCUMSTANCE OF between the provocation made
DWELLING: by the victim and the
The provocation must be: commission of the crime by the
1. Given by the owner of the dwelling, accused.
2. Sufficient, and
3. Immediate to the commission of the 5. The victim is not a dweller of the
crime. house.
Par. 4. That the act be committed

If all these conditions are present, with
the offended party is deemed to (1) abuse of confidence or
CHAIRPERSONS
(2) obvious ungratefulness.

Except for the third which requires
Par. 4 provides two aggravating that official functions are being
circumstances which, if present in performed at the time of the
the same case and must be commission of the crime, the other
independently appreciated. places mentioned are aggravating
While one may be related to the per se even if no official duties or
other in the factual situation in the acts of religious worship are being
case, they cannot be lumped conducted there.
together as abuse of confidence
requires a special confidential Cemeteries, however respectable
relationship between the offender they may be, are not considered as
and the victim, but this is not so in place dedicated to the worship of
ungratefulness. God.
PAR. 5. Where PAR. 2. Contempt

REQUISITES OF ABUSE OF CONFIDENCE: public authorities or insult to public
1. That the offended party had trusted are engaged in authorities
the offender. the discharge of
their duties
2. That the offender abused such trust
by committing a crime against the In both
Public authorities are in the performance of
offended party.
their duties
3. That the abuse of confidence
facilitated the commission of the Place where public duty is performed
In their office. Outside of their
crime.
office.
Abuse of confidence is inherent in
malversation (Art. 217), qualified The offended party
theft (Art. 310), estafa by conversion May or may not be Public authority
the public authority should not be the
or misappropriation (Art. 315), and
offended party
qualified seduction (Art. 337).
REQUISITES OF OBVIOUS Par. 6. That the crime be committed

UNGRATEFULNESS (1) in the nighttime, or
1. That the offended party had trusted (2) in an uninhabited place, or
the offender; (3) by a band, whenever such
2. That the offender abused such trust circumstance may facilitate the
by committing a crime against the commission of the offense.
offended party.
3. That the act be committed with When present in the same case and
obvious ungratefulness. their element are distinctly palpable
and can subsist independently, they
The ungratefulness contemplated by shall be considered separately.
par. 4 must be such clear and
manifest ingratitude on the part of WHEN NIGHTTIME, UNINHABITED PLACE
the accused. OR BAND AGGRAVATING:
1. When it facilitated the commission
Par. 5 That the crime be committed of the crime; or
(1) in the palace of the Chief
Executive, or in his presence, 2. When especially sought for by the
or offender to insure the commission of
(2) where public authorities the crime or for the purpose of
are engaged in the discharge impunity; or
of their duties, or 3. When the offender took advantage
(3) in a place dedicated to thereof for the purpose of impunity.
religious worship.

Brillante, Jr.
Nighttime (obscuridad) that period of malefactors shall have acted together in

darkness beginning at end of dusk and the commission of an offense, it shall be
ending at dawn. Nights are from sunset deemed committed by a band.
to sunrise. The requisite four armed persons
contemplated in this circumstance
It is necessary that the commission must all be principals by direct
of the crime was begun and participation who acted together in
completed at nighttime. the execution of the acts
constituting the crime.
When the place of the crime is
illuminated by light, nighttime is not If one of them was a principal by
aggravating. inducement, there would be no
cuadrilla but the aggravating
GENERAL RULE: Nighttime is absorbed in circumstance of having acted with
treachery. the aid of armed men may be
EXCEPTION: Where both the treacherous considered against the inducer if the
mode of attack and nocturnity were other two acted as his accomplice.
deliberately decided upon in the same
case, they can be considered separately This aggravating circumstance is
if such circumstances have different absorbed in the circumstance of
factual bases. Thus: abuse of superior strength.
In People vs. Berdida, et. al. This aggravating circumstance is not
(June 30, 1966), nighttime was applicable in crimes against chastity.
considered since it was purposely
sought, and treachery was Par. 7 That the crime be committed
further appreciated because the on the occasion of a conflagration,
victims hands and arms were shipwreck, earthquake, epidemic or
tied together before he was other calamity or misfortune.
beaten up by the accused.
In People vs. Ong, et. al. (Jan. REASON FOR THE AGGRAVATION:
30, 1975), there was treachery The debased form of criminality met in
as the victim was stabbed while one who, in the midst of a great
lying face up and defenseless, calamity, instead of lending aid to the
and nighttime was considered afflicted, adds to their suffering by
upon proof that it facilitated the taking advantage of their misfortune to
commission of the offense and despoil them. Therefore it is necessary
was taken advantage of by the that the offender took advantage of the
accused. calamity or misfortune.
Uninhabited place (despoblado) one Par. 8 That the crime be committed

where there are no houses at all; a place with the aid of
at a considerable distance from town, or (1) armed men or
where the houses are scattered at a (2)persons who insure or
great distance from each other. afford impunity.
What actually determines whether REQUISITES:

this aggravating circumstance should 1. That armed men or persons took part
be considered against the accused, in the commission of the crime,
aside from the distance and isolation directly or indirectly.
of the place, is the reasonable 2. That the accused availed himself of
possibility of the victim receiving or their aid or relied upon them when
securing aid from third persons. the crime was committed.
Band (en cuadrilla) whenever more

than three (i.e., at least four) armed
CHAIRPERSONS
This aggravating circumstance 2. That he was previously convicted by

requires that the armed men are final judgment of another crime;
accomplices who take part in that 3. That both the first and the second
minor capacity directly or indirectly, offenses are embraced in the same
and not when they were merely title of the Code;
present at the crime scene. Neither 4. That the offender is convicted of the
should they constitute a band, for new offense.
then the proper aggravating
circumstance would be cuadrilla. MEANING OF at the time of his trial
for one crime.
It is employed in its general sense,
WHEN THIS AGGRAVATING including the rendering of the judgment.
CIRCUMSTANCE SHALL NOT BE It is meant to include everything that is
CONSIDERED: done in the course of the trial, from
1. When both the attacking party and arraignment until after sentence is
the party attacked were equally announced by the judge in open court.
armed.
2. When the accused as well as those Being an ordinary aggravating
who cooperated with him in the circumstance, recidivism affects only
commission of the crime acted under the periods of a penalty, except in
the same plan and for the same prostitution and vagrancy (Art. 202)
purpose. and gambling (PD 1602) wherein
recidivism increases the penalties by
Par. 6 By a Par. 8. With the degrees. No other generic
ba aid of armed aggravating circumstance produces
nd men this effect.

As to their number In recidivism it is sufficient that the
Requires more than At least two succeeding offense be committed
three armed after the commission of the
malefactors (i.e., at
preceding offense provided that at
least four)
the time of his trial for the second
As to their action
offense, the accused had already
Requires that more This circumstance is
than three armed present even if one been convicted of the first offense.
malefactors shall of the offenders
have acted together merely relied on If both offenses were committed on
in the commission of their aid, for actual the same date, they shall be
an offense. aid is not necessary. considered as only one, hence, they
cannot be separately counted in
order to constitute recidivism. Also,
If there are four armed men, aid of
judgments of convicted handed down
armed men is absorbed in
on the same day shall be considered
employment of a band. If there are
as only one conviction.
three armed men or less, aid of
REASON: Because the Code requires
armed men may be the aggravating
that to be considered as separate
circumstance.
convictions, at the time of his trial
Aid of armed men includes armed for one crime the accused shall have
women. been previously convicted by final
judgment of the other.
Par. 9 That the accused is a
To prove recidivism, it is necessary
recidivist.
to allege the same in the information
and to attach thereto certified copy
REQUISITES:
of the sentences rendered against
1. That the offender is on trial for an
the accused.
offense;

Brillante, Jr.
Recidivism must be taken into

account no matter how many years 1. Recidivism (par. 9, Art. 14) where a
have intervened between the first person, on separate occasions, is
and second felonies. convicted of two offenses embraced in
the same title in the RPC. This is a
Even if the accused was granted a generic aggravating circumstance.
pardon for the first offense, but he
commits another felony embraced in 2. Reiteracion or habituality (par. 10,
the same title of the Code, the first Art. 14) where the offender has been
conviction is still counted to make previously punished for an offense to
him a recidivist since pardon does which the law attaches an equal or
not obliterate the fact of his prior greater penalty or for two crimes to
conviction. which it attaches a lighter penalty. This
The rule is different in the case is a generic aggravating circumstance.
of amnesty which theoretically
considers the previous transgressions 3. Multi-recidivism or habitual
as not punishable. delinquency (Art. 62, par, 5) where a
person within a period of ten years from
Par. 10 That the offender has been the date of his release or last conviction
previously punished for an offense to of the crimes of serious or less serious
which the law attaches an equal or physical injuries, robbery, theft, estafa
greater penalty or for two or more or falsification, is found guilty of the
crimes to which it attaches a lighter said crimes a third time or oftener. This
penalty. is an extraordinary aggravating
circumstance.
REQUISITES of REITERACION or
HABITUALITY: 4. Quasi-recidivism (Art. 160) Where a
1. That the accused is on trial for an person commits felony before beginning
offense; to serve or while serving sentence on a
previous conviction for a felony. This is
2. That he previously served sentence a special aggravating circumstance.
for another offense to which the law
attaches an
a) Equal or Since reiteracion provides that the
b) Greater penalty, or accused has duly served the
c) For two or more crimes to which sentence for his previous
it attaches a lighter penalty than conviction/s, or is legally considered
that for the new offense; and to have done so, quasi-recidivism
3. That he is convicted of the new cannot at the same time constitute
offense reiteracion, hence this aggravating
circumstance cannot apply to a
REITERACION RECIDIVISM quasi-recidivist.
As to the first offense
It is necessary that It is enough that a If the same set of facts constitutes
the offender shall final judgment has recidivism and reiteracion, the
have served out his been rendered in liability of the accused should be
sentence for the the first offense. aggravated by recidivism which can
first offense easily be proven.
As to the kind of offenses involved
The previous and Requires that the Par. 11 That the crime be committed
subsequent offenses offenses be in consideration of a price, reward or
must not be em included in the promise.
braced in the same same title of the
title of the Code. Code.
When this aggravating circumstance
is present, there must be two or
THE FOUR FORMS OF REPETITION ARE: more principals, the one who gave or
CHAIRPERSONS
offered the price or promise and the Par. 13 That the act be committed
one who accepted it, both of whom with evident premeditation
are principals.
REQUISITES:
If without previous promise it was The prosecution must prove
given voluntarily after the crime had 1. The time when the offender
been committed as an expression of determined to commit the crime;
his appreciation for the sympathy 2. An act manifestly indicating that the
and aid shown by the other accused, culprit has clung to his
it should not be taken into determination; and
consideration for the purpose of 3. A sufficient lapse of time between
increasing the penalty. the determination and execution, to
allow him to reflect upon the
The price, reward or promise need consequences of his act and to allow
not consist of or refer to material his conscience to overcome the
things or that the same were resolution of his will.
actually delivered, it being sufficient
that the offer made by the principal
To establish evident
by inducement be accepted by the
premeditation, it must be shown
principal by direct participation
that there was a period sufficient to
before the commission of the
afford full opportunity for
offense.
meditation and reflection, a time
adequate to allow the conscience to
Par. 12 That the crime be committed
overcome the resolution of the will,
by means of inundation, fire, poison,
as well as outward acts showing the
explosion, stranding of a vessel or
intent to kill. It must be shown that
intentional damage thereto,
the offender had sufficient time to
derailment of a locomotive, or by the
reflect upon the consequences of his
use of any other artifice involving
act but still persisted in his
great waste and ruin.
determination to commit the crime.
(PEOPLE vs. SILVA, et. al., GR No.
When another aggravating 140871, August 8, 2002)
circumstance already qualifies the
crime, any of these aggravating
circumstances shall be considered as The essence of evident
generic aggravating circumstance premeditation is that the execution
only. of the criminal act is preceded by
cool thought and reflection upon the
resolution to carry out the criminal
A killing committed through any of intent within a space of time
these qualifies the crime to murder, sufficient to arrive at a calm
except if arson was resorted to but judgment. (PEOPLE vs. ABADIES, GR
without intent to kill, in view of P.D. No. 135975, August 14, 2002)
1613 which provides a specific
penalty for that situation.
Evident premeditation is presumed
PAR. 12 by PAR. 10 on the to exist when conspiracy is directly
means of occasion of a established. When conspiracy is
inundation, fire, conflagration, merely implied, evident
etc. shipwreck, etc. premeditation cannot be presumed,
The crime is The crime is the latter must be proved like any
committed by committed on the other fact. (PEOPLE vs. SAPIGAO, et.
means of any such occasion of a al., GR No. 144975, June 18, 2003)
acts involving great calamity or
waste or ruin. misfortune. Premeditation is absorbed by reward
or promise.

Brillante, Jr.
deliberately adopted as the means,

When the offender decides to kill a methods or forms for the
particular person and premeditated treacherous strategy, or they may
on the killing of the latter, but when co-exist independently where they
he carried out his plan he actually are adopted for a different purpose
killed another person, it cannot in the commission of the crime.
properly be said that he
premeditated on the killing of the For instance:
actual victim. In People vs. San Pedro (Jan. 22,
1980), where the accused
But if the offender premeditated on pretended to hire the driver in
the killing of any person, it is proper order to get his vehicle, it was
to consider against the offender the held that there was craft
aggravating circumstance of directed to the theft of the
premeditation, because whoever is vehicle, separate from the
killed by him is contemplated in his means subsequently used to
premeditation. treacherously kill the
defenseless driver.
Par. 14 That (1) craft, (2) fraud, or In People vs. Masilang (July 11,
(3) disguise be employed 1986) there was also craft where
after hitching a ride, the
Craft (astucia) involved the use of accused requested the driver to
intellectual trickery or cunning on the take them to a place to visit
part of the accused. somebody, when in fact they had
- it is a chicanery already planned to kill the
resorted to by the accused to aid in the driver.
execution of his criminal design. It is
employed as a scheme in the execution Disguise (disfraz) resorting to any
of the crime. device to conceal identity.
Fraud (fraude) insidious words or

machinations used to induce the victim
The test of disguise is whether the
device or contrivance resorted to by
to act in a manner which would enable
the offender was intended to or did
the offender to carry out his design.
make identification more difficult,
such as the use of a mask or false
FRAUD CRAFT
hair or beard.
Where there is a The act of the
direct inducement accused done in
by insidious words order not to arouse The use of an assumed name in the
or machinations, the suspicion of the publication of a libel constitutes
fraud is present. victim constitutes disguise.
craft.
Par. 15 That (1) advantage be taken
According to Justice Regalado, the of superior strength, or (2) means be
employed to weaken the defense.
fine distinctions between craft
and fraud would not really be
called for as these terms in Art. 14 Par. 15 enunciates two aggravating
are variants of means employed to circumstances, namely, that
deceive the victim and if all are advantage was taken of superior
present in the same case, they shall strength, or that means were
be applied as a single aggravating employed by the offender to weaken
circumstance. the defense of the victim, either of
which qualifies a killing to murder.
Craft and fraud may be absorbed in
treachery if they have been
CHAIRPERSONS
MEANING OF advantage be taken: The element of The gravamen of

To deliberately use excessive force that band is appreciated abuse of superiority
is out of proportion to the means for when the offense is is the taking
self-defense available to the person committed by more advantage by the
than three armed culprits of their
attacked. (PEOPLE vs. LOBRIGAS, et. al.,
malefactors collective strength
GR No. 147649, December 17, 2002) regardless of the to overpower their
comparative relatively weaker
strength of the victim or victims.
victim or victims.
NO ADVANTAGE OF SUPERIOR Hence, what is
STRENGTH IN THE FOLLOWING: taken into account
1. One who attacks another with here is not the
number of
passion and obfuscation does not aggressors nor the
take advantage of his superior fact that they are
strength. armed, but their
2. When a quarrel arose unexpectedly relative physical
and the fatal blow was struck at a strength vis-a vis
time when the aggressor and his the offended party.
victim were engaged against each
other as man to man. Abuse of superior strength absorbs
cuadrilla (band).
For abuse of superior strength, the
test is the relative strength of the Means employed to weaken defense
offender and his victim, whether or - the offender employs means that
not he took advantage of his greater materially weakens the resisting power
strength. of the offended party.
When there are several offenders EXAMPLES OF means employed to

participating in the crime, they must weaken defense
all be principals by direct 1. Where one, struggling with another,
participation and their attack against suddenly throws a cloak over the
the victim must be concerted and head of his opponent and while in
intended to be so. this situation he wounds or kills him.
2. One who, while fighting with
Abuse of superior strength is another, suddenly casts sand or dirt
inherent in the crime of parricide upon the latter eyes and then
where the husband kills the wife. It wounds or kills him.
is generally accepted that the 3. When the offender, who had the
husband is physically stronger than intention to kill the victim, made the
the wife. deceased intoxicated, thereby
materially weakening the latters
resisting power.
Abuse of superior strength is also
present when the offender uses a
weapon which is out of proportion to This circumstance is applicable only
the defense available to the to crimes against persons, and
offended party. sometimes against person and
property, such as robbery with
physical injuries or homicide.
by a band abuse of superior
strength
Par. 16 That the act be committed
with treachery (alevosia).
Treachery (alevosia) is present when

the offender commits any of the crimes
against person, employing means,

Brillante, Jr.
methods or forms in the execution attacks a child of tender years and

thereof which tend directly and specially causes his death.
to insure its execution, without risk to
himself arising from the defense which WHEN MUST TREACHERY BE PRESENT:
the offended party might make. When the aggression is continuous,
treachery must be present in the
beginning of the assault. (PEOPLE vs.
MANALAD, GR No. 128593, August 14,
REQUISITES OF TREACHERY: 2002)
1. That at the time of the attack, the Thus, even if the deceased was
victim was not in a position to shot while he was lying wounded
defend himself; and on the ground, it appearing that
2. That the offender consciously the firing of the shot was a mere
adopted the particular means, continuation of the assault in
method or form of attack employed which the deceased was
by him. wounded, with no appreciable
time intervening between the
The test of treachery is not only the delivery of the blows and the
relative position of the parties but, firing of the shot, it cannot be
more specifically, whether or not said that the crime was attended
the victim was forewarned or by treachery.
afforded the opportunity to make a
defense or to ward off the attack.
When the assault was not continuous, in
RULES REGARDING TREACHERY: that there was interruption, it is
1. Applicable only to crimes against sufficient that treachery was present at
persons. the moment the fatal blow was given.
2. Means, methods or forms need not Hence, even though in the
insure accomplishment of crime. inception of the aggression
3. The mode of attack must be which ended in the death of the
consciously adopted. deceased, treachery was not
present, if there was a break in
Treachery is taken into account even the continuity of the aggression
if the crime against the person is and at the time of the fatal
complexed with another felony wound was inflicted on the
involving a different classification in deceased he was defenseless,
the Code. Accordingly, in the special the circumstance of treachery
complex crime of robbery with must be taken into account.
homicide, treachery but can be
appreciated insofar as the killing is ALEVOSIA SHOULD BE CONSIDERED
concerned. EVEN IF:
1. The victim was not predetermined
The suddenness of attack does not,
but there was a generic intent to
of itself, suffice to support a finding
treacherously kill any first two
of alevosia, even if the purpose was
persons belonging to a class. (The
to kill, so long as the decision was
same rule obtains for evident
made all of a sudden and the
premeditation).
victims helpless position was
accidental. 2. There was aberratio ictus and the
Treachery must be appreciated in bullet hit a person different from
the killing of a child even if the that intended. (The rule is different
manner of attack is not shown. It in evident premeditation).
exists in the commission of the crime 3. There was error in personae, hence
when the adult person illegally the victim was not the one intended
by the accused. (A different rule is
applied in evident premeditation).
CHAIRPERSONS
REASON FOR THE RULE: When there Unlawful entry must be a means to
is treachery, it is impossible for effect entrance and not for escape.
either the intended victim or the
actual victim to defend himself REASON FOR AGGRAVATION:
against the aggression. One who acts, not respecting the walls
erected by men to guard their property
and provide for their personal safety,
shows a greater perversity, a greater
audacity; hence, the law punishes him
TREACHERY ABSORBS: with more severity.
1. Craft
2. Abuse of superior strength Par. 19 That as a means to the
3. Employing means to weaken the commission of a crime, a wall, roof,
defense floor, door, or window be broken.
4. Cuadrilla (band)
5. Aid of armed men
6. Nighttime
This circumstance is aggravating only
in those cases where the offender
resorted to any of said means to
Par. 17 That means be employed or
enter the house. If the wall, etc., is
circumstances brought about which
broken in order to get out of the
add ignominy to the natural effects of
place, it is not an aggravating
the act.
circumstance.
Ignominy is a circumstance pertaining PAR. 19 PAR. 18
It involves the Presupposes that
to the moral order, which adds disgrace
breaking there is no such
and obloquy to the material injury (rompimiento) of breaking as by entry
caused by the crime. the enumerated through the
parts of the house. window.
MEANING OF which add ignominy to
the natural effects thereof If the offender broke a window to
The means employed or the enable himself to reach a purse with
circumstances brought about must tend money on the table near that
to make the effects of the crime more window, which he took while his
humiliating to victim or to put the body was outside of the building, the
offended party to shame, or add to his crime of theft was attended by this
moral suffering. Thus it is incorrect to aggravating circumstance. It is not
appreciate ignominy where the victim necessary that the offender should
was already dead when his body was have entered the building.
dismembered, for such act may not be
considered to have added to the victims Par. 20 That the crime be committed
moral suffering or humiliation. (People (1) with the aid of persons
vs. Carmina, G.R. No. 81404, January under fifteen years of age, or
28, 1991) (2) by means of motor
vehicles, airships, or other similar
Applicable to crimes against means.
chastity, less serious physical
injuries, light or grave coercion, and TWO DIFFERENT CIRCUMSTANCES
murder. GROUPED IN THIS PARAGRAPH:
1. With the aid of persons under fifteen
Par. 18 That the crime be committed years of age:
after an unlawful entry.
Tends to repress, so far as
Unlawful entry when an entrance is possible, the frequent practice
effected by a way not intended for the resorted to by professional
purpose. criminals to avail themselves of

Brillante, Jr.
minors taking advantage of their If the victim was already dead when
irresponsibility. the acts of mutilation were being
2. By means of motor vehicles, airships, performed, this would also qualify
or other similar means: the killing to murder due to
Intended to counteract the great outraging of his corpse.
facilities found by modern
criminals in said means to IGNOMINY CRUELTY (PAR.
commit crime and flee and (PAR.17) 21)
abscond once the same is Involves moral Refers to physical
suffering suffering
committed.
Use of motor vehicle is
aggravating where the accused Unlike mitigating circumstances
purposely and deliberately used (par. 10, Art. 13), there is no
the motor vehicle in going to the provision for aggravating
place of the crime, in carrying circumstances of a similar or
away the effects thereof, and in analogous character.
facilitating their escape.
ART. 15 ALTERNATIVE
MEANING OF or other similar means CIRCUMSTANCES
Should be understood as referring to
motorized vehicles or other efficient Alternative circumstances are those
means of transportation similar to which must be taken into consideration
automobile or airplane. as aggravating or mitigating according to
the nature and effects of the crime and
Par. 21 That the wrong done in the the other conditions attending its
commission of the crime be commission.
deliberately augmented by causing
other wrong not necessary for its BASIS:
commission. The nature and effects of the crime and
the other conditions attending its
Cruelty there is cruelty when the commission.
culprit enjoys and delights in making his
victim suffer slowly and gradually, THE ALTERNATIVE CIRCUMSTANCES
causing unnecessary physical pain in the ARE:
consummation of the criminal act. 1. Relationship;
2. Intoxication; and
REQUISITES OF CRUELTY: 3. Degree of instruction and education
1. That the injury caused be of the offender.
deliberately increased by causing
other wrong; RELATIONSHIP
The alternative circumstance of
2. That the other wrong be unnecessary relationship shall be taken into
for the execution of the purpose of consideration when the offended party is
the offender. the
a) Spouse,
Cruelty is not inherent in crimes b) Ascendant,
against persons. In order for it to be c) Descendant,
appreciated, there must be positive d) Legitimate, natural, or adopted
proof that the wounds found on the brother or sister, or
body of the victim were inflicted e) Relative by affinity in the same
while he was still alive in order degree of the offender.
unnecessarily to prolong physical
suffering. OTHER RELATIVES INCLUDED:

CHAIRPERSONS
1. The relationship of stepfather or of a higher degree of the

stepmother and stepson or offender.
stepdaughter. c) When the crime is homicide or
REASON: It is the duty of the murder, relationship is
stepparents to bestow upon their aggravating even if the victim of
stepchildren a mothers/fathers the crime is a relative of a lower
affection, care and protection. degree.
2. The relationship of adopted parent d) In rape, relationship is
and adopted child. aggravating where a stepfather
But the relationship of uncle and raped his stepdaughter or in a
niece is not covered by any of the case where a father raped his
relationship mentioned. own daughter.
3. In crimes against chastity, like acts
WHEN RELATIONSHIP MITIGATING AND of lasciviousness (Art. 336),
WHEN AGGRAVATING: relationship is always aggravating,
1. As a rule, relationship is mitigating regardless of whether the offender is
in crimes against property, by a relative of a higher or lower
analogy to the provisions of Art. 332. degree of the offended party.
Thus, relationship is mitigating
in the crimes of robbery (Arts. When the qualification given to the
294-302), usurpation (Art. 312), crime is derived from the
fraudulent insolvency (Art. 314) relationship between the offender
and arson (Arts. 321-322, 325- and the offended party, it is neither
326). mitigating nor aggravating, because
it is inseparable from and inherent
2. In crimes against persons in the offense. (e.g. parricide,
a) It is aggravating where the adultery and concubinage).
offended party is a relative of
I. a higher degree than the WHEN INTOXICATION MITIGATING AND
offender, or WHEN AGGRAVATING:
II. when the offender and the 1. Mitigating
offended party are relatives i. If intoxication is not habitual, or
of the same level (e.g. ii. If intoxication is not subsequent
brothers) to the plan to commit a felony.
b) But when it comes to physical 2. Aggravating
injuries: i. If intoxication is habitual, or
i. It is aggravating when the ii. If it is intentional (subsequent to
crime involves serious the plan to commit a felony).
physical injuries (Art. 263),
even if the offended party is TO BE ENTITLED TO THE MITIGATING
a descendant of the CIRCUMSTANCE OF INTOXICATION, IT
offender. But the serious MUST BE SHOWN:
physical injuries must not be 1. That at the time of the commission
inflicted by a parent upon of the criminal act, the accused has
his child by excessive taken such quantity of alcoholic
chastisement. drinks as to blur his reason and
ii. It is mitigating when the deprive him of a certain degree of
offense committed is less control, and
serious physical injuries or 2. That such intoxication is not
slight physical injuries, if habitual, or subsequent to the plan
the offended party is a to commit the felony.
relative of a lower degree. To be mitigating, the accuseds state
iii. It is aggravating if the of intoxication must be proved. Once
offended party is a relative intoxication is established by
satisfactory evidence, in the absence

Brillante, Jr.
of proof to the contrary, it is The classification of the offenders as

presumed to be non-habitual or principal, accomplice, or an
unintentional. accessory is essential under the RPC.
The classification maybe applied to
Instruction or education special laws only if the latter
as an alternative circumstance, provides for the same graduated
does not refer only to literary but more penalties as those provided under
to the level of intelligence of the the RPC.
accused.
- refers to the lack of sufficient TWO PARTIES IN ALL CRIMES
intelligence and knowledge of the full
significance of ones acts. 1. Active subject (the criminal)
- Low degree of instruction and Art. 16 enumerates the active
education or lack of it is generally subjects of the crime.
mitigating. High degree of instruction 2. Passive subject (the injured party)
and education is aggravating, when the Is the holder of the injured right:
offender took advantage of his learning the man, the juristic person, the
in committing the crime. group, and the State.
GENERAL RULE: Lack of sufficient
education is mitigating. Only natural persons can be the
EXCEPTIONS: active subject of crime because of
1. Crimes against property (e.g. arson, the highly personal nature of the
estafa, theft, robbery) criminal responsibility.
2. Crimes against chastity, and
3. Treason because love of country However, corporation and
should be a natural feeling of every partnership can be a passive subject
citizen, however unlettered or of a crime.
uncultured he may be.
Corpses and animals cannot be
passive subjects because they have
TITLE TWO: PERSONS CRIMINALLY no rights that may be injured.
LIABLE FOR FELONIES EXCEPTION: Under Art. 253, the
crime of defamation may be
ART. 16 WHO ARE CRIMINALLY committed if the imputation tends to
LIABLE blacken the memory of one who is
dead.
FOR GRAVE AND LESS GRAVE FELONIES
1. Principals This article applies only when the
2. Accomplices offenders are to be judged by their
3. Accessories individual, and not collective,
liability.
FOR LIGHT FELONIES
1. Principals
2. Accomplices ART. 17 PRINCIPALS
Accessories are not liable for light THE FOLLOWING ARE PRINCIPALS:
felonies.
REASON: In the commission of light 1. Those who take a direct part in the
felonies, the social wrong as well as execution of the act (PRINCIPAL BY
the individual prejudice is so small DIRECT PARTICIPATION)
that penal sanction is deemed not 2. Those who directly force or induce
necessary for accessories. others to commit it (PRINCIPAL BY
INDUCTION)

CHAIRPERSONS
3. Those who cooperate in the a) Using irresistible force.

commission of the offense by b) Causing uncontrollable fear.
another act without which it would In these cases, there is no
not have been accomplished conspiracy, not even a unity of
(PRINCIPAL BY INDISPENSABLE criminal purpose and intention.
COOPERATION). Only the one using the force or
causing the fear is criminally
Par. 1 Principals by direct liable. The material executor is
participation not criminally liable because of
Art. 12, pars. 5 and 6 (exempting
REQUISITES: circumstances)
1. That they participated in the 2. By directly inducing another to
criminal resolution; and commit a crime by
a) Giving of price, or offering of
2. That they carried out their plan and
reward or promise.
personally took part in its execution
by acts which directly tended to the The one giving the price or
same end. offering the reward or
promise is a principal by
MEANING OF personally took part in inducement while the one
its execution committing the crime in
That the principal by direct participation consideration thereof is a
must be at the scene of the commission principal by direct
of the crime, personally taking part in its participation. There is
execution. collective criminal
responsibility.
Par. 2 Principals by induction b) Using words of command
The person who used the
REQUISITES words of command is a
1. That the inducement be made principal by inducement
directly with the intention of while the person who
procuring the commission of the committed the crime
crime; and because of the words of
2. That such inducement be the command is a principal by
determining cause of the commission direct participation. There
of the crime by the material is also collective criminal
executor. responsibility.
One cannot be held guilty of having The inducement must precede the
instigated the commission of the act induced and must be so
crime without first being shown that influential in producing the criminal
the crime was actually committed act that without it, the act would
(or attempted) by another. not have been performed.
Thus, there can be no principal
by inducement (or by indispensable If the person who actually
cooperation) unless there is a committed the crime had reason of
principal by direct participation. But his own to commit the crime, it
there can be a principal by direct cannot be said that the inducement
participation without a principal by was influential in producing the
inducement (or by indispensable criminal act.
cooperation).
TWO WAYS OF BECOMING PRINCIPAL BY PRINCIPAL BY OFFENDER WHO

INDUCTION: INDUCEMENT MADE PROPOSAL
1. By directly forcing another to TO COMMIT A
commit a crime by FELONY

Brillante, Jr.
In both 1. Participation in the criminal

resolution, that is, there is either
There is an inducement to commit a crime anterior conspiracy or unity of
When liable criminal purpose and intention
immediately before the commission
Becomes liable only The mere proposal to of the crime charged; and
when the crime is commit a felony is 2. Cooperation in the commission of
committed by the punishable in treason
the offense by performing another
principal by direct or rebellion.
participation. However, the person
act, without which it would not have
to whom the been accomplished.
proposal is made
should not commit
the crime,
otherwise, the MEANING OF cooperation in the
proponent becomes commission of the offense
a principal by Means to desire or wish in common a
inducement.
thing. But that common will or purpose
What kind of crime involved does not necessarily mean previous
understanding, for it can be explained or
Involves any crime The proposal to be
punishable must
inferred from the circumstances of each
involve only treason case.
or rebellion.
If the cooperation is not
indispensable, the offender is only
EFFECTS OF ACQUITTAL OF PRINCIPAL an accomplice.
BY DIRECT PARTICIPATION UPON
LIABILITY OF PRINCIPAL BY
INDUCEMENT: COLLECTIVE CRIMINAL RESPONSIBILITY
1. Conspiracy is negatived by the This is present when the offenders
acquittal of co-defendant. are criminally liable in the same
2. One cannot be held guilty of having manner and to the same extent. The
instigated the commission of a crime penalty to be imposed must be the
without first being shown that the same for all.
crime has been actually committed Principals by direct participation
by another. have collective criminal
But if the one charged as responsibility. Principals by
principal by direct participation induction, except those who directly
is acquitted because he acted forced another to commit a crime,
without criminal intent or and principals by direct participation
malice, his acquittal is not a have collective criminal
ground for the acquittal of the responsibility. Principals by
principal by inducement. indispensable cooperation have
REASON FOR THE RULE: In collective criminal responsibilities
exempting circumstances, such with the principals by direct
as when the act is not voluntary participation.
because of lack of intent on the
part of the accused, there is a INDIVIDUAL CRIMINAL RESPONSIBILITY
crime committed, only that the In the absence of any previous
accused is not a criminal. conspiracy, unity of criminal purpose
and intention immediately before
Par. 3 Principal by indispensable the commission of the crime, or
cooperation community of criminal design, the
criminal responsibility arising from
REQUISITES: different acts directed against one
and the same person is individual
CHAIRPERSONS
and not collective, and each of the or accomplices, take

participants is liable only for the act part subsequent to
committed by him. its commission in any
of the following acts:
ART. 18 ACCOMPLICES 1. By profiting themselves or assisting

Accomplices are persons who, not the offender to profit by the effects
acting as principals, cooperate in the of the crime.
execution of the offense by previous and 2. Assisting the offender to profit by
simultaneous acts, which are not the effects of the crime.
indispensable to the commission of the 3. By concealing or destroying the body
crime. of the crime to prevent its discovery.
They act as mere instruments who In profiting by the effects of the

perform acts not essential to the crime, the accessory must receive
perpetration of the offense. the property from the principal. He
should not take it without the
REQUISITES: consent of the principal. If he took it
1. That there be community of design; without the consent of the principal,
that is, knowing the criminal design he is not an accessory but a principal
of the principal by direct in the crime of theft.
participation, he concurs with the
latter his purpose; TWO CLASSES OF ACCESSORIES
2. That he cooperates in the execution CONTEMPLATED IN PAR. 3 OF ART. 19
of the offense by previous or a) Public officers who harbor, conceal
simultaneous acts, with the intention or assist in the escape of the
of supplying material or moral aid in principal of any crime (not light
the execution of the crime in an felony) with abuse of his public
efficacious way; and functions.
3. That there be a relation between the
acts done by the principal and those Requisites:
attributed to the person charged as 1. The accessory is a public officer.
an accomplice. 2. He harbors, conceals, or assists
in the escape of the principal.
Before there could be an 3. The public officer acts with
accomplice, there must be a abuse of his public functions.
principal by direct participation. 4. The crime committed by the
The person charged as an accomplice principal is any crime, provided
should not have inflicted a mortal it is not a light felony.
wound. If he inflicted a mortal
wound, he becomes a principal by b) Private persons who harbor, conceal
direct participation. or assist in the escape of the author
In case of doubt, the participation of of the crime who is guilty of treason,
the offender will be considered that parricide, murder, or attempts
of an accomplice rather than that of against the life of the President, or
a principal. who is known to be habitually guilty
of some other crime.
ART. 19 ACCESSORIES Requisites:

Accessories are those who 1. The accessory is a private
- having knowledge of person.
the commission of 2. He harbors, conceals or assists in
the crime, and the escape of the author of the
- without having crime.
participated therein 3. The crime committed by the
either as principals principal is either:

Brillante, Jr.
i.Treason, Fencing is an act, with intent to gain,

ii.Parricide, of buying, selling, receiving, possessing,
iii.Murder, keeping, or in any other manner dealing
iv. An attempt against the life of in anything of value which a person
the President, or knows or should have known to be
v. That the principal is known to derived from the proceeds of the crime
be habitually guilty of some of robbery or theft.
other crime.
Fence is a person who commits the act
Where the alleged principal is of fencing. A fence who receives stolen
acquitted, it is neither proper nor property as above-provided is not an
possible to convict the defendant as accessory but a principal in the crime
an accessory. The responsibility of defined in and punished by the Anti-
the accessory is subordinate to that Fencing Law.
of the principal in a crime Mere possession of anything of value
HOWEVER, conviction of an which has been the subject of robbery or
accessory is possible notwithstanding theft shall be prima facie evidence of
the acquittal of the principal, if the fencing.
crime was in fact committed, but
the principal was not held liable,
because of an exempting ART. 20 ACCESSORIES WHO ARE
circumstance (Art. 12), such as EXEMPT FROM CRIMINAL LIABLITY
insanity or minority.
The exemption provided for in this
Neither the letter nor the spirit of article is based on the ties of blood
the law requires that the principal and the preservation of the
be convicted before one may be cleanliness of ones name, which
punished as an accessory. As long as compels one to conceal crimes
the corpus delicti is proved and the committed by relatives so near as
accessorys participation as such is those mentioned in this article.
shown, he can be held criminally
responsible and meted out the AN ACCESSORY IS EXEMPT FROM
corresponding penalty (Inovero vs. CRIMINAL LIABLITY WHEN THE
Coronel, CA, 65 O.G. 3160). PRINCIPAL IS HIS
1. spouse, or
The prescribed acts of the accessory 2. ascendant, or
under par. 2 must have been 3. descendant, or
intended to prevent the discovery of 4. legitimate, natural or adopted
the crime, hence, mere silence does brother, sister or relative by affinity
not make one an accessory. If, within the same degree.
however, the crime involved is a
conspiracy to commit treason, his ACCESSORY IS NOT EXEMPT FROM
silence may hold him liable for CRIMINAL LIABILITY EVEN IF THE
misprision of treason (Art. 116) but PRINCIPAL IS RELATED TO HIM, IF SUCH
as a principal thereof. ACCESSORY
1. profited by the effects of the crime,
Where the accused misleads the or
authorities by giving them false 2. assisted the offender to profit by the
information, such act is equivalent effects of the crime.
to concealment and he should be REASON: Because such acts are
held as an accessory. prompted not by affection but by a
detestable greed.
Anti-Fencing Law of 1979 Public officer contemplated in par. 3

Pres. Decree 1612 of Art. 19 is exempt by reason of
CHAIRPERSONS
relationship to the principal, even if The basis of the right to punish

such public officer acted with abuse violations of penal law is the police
of his official functions. power of the State.
REASON: Ties of blood or relationship
constitutes a more powerful THEORIES JUSTIFYING PENALTY: PRESJ
incentive than the call of duty. 1. Prevention to prevent or suppress
the danger to the State arising from
P.D. 1829 penalizes the act of any the criminal act of the offender.
person who knowingly or willfully
obstructs, impedes, frustrates or delays 2. Self-defense so as to protect
the apprehension of suspects and the society from the threat and wrong
investigation and prosecution of criminal inflicted by the criminal.
cases.
3. Reformation the object of
The benefits of the exception in Art. punishment in criminal cases is to
20 do not apply to PD 1829. correct and reform the offender.
TITILE THREE: PENALTIES 4. Exemplarity the criminal is

punished to serve as an example to
Chapter One: Penalties in General deter others from committing
(Arts. 21-24) crimes.
Penalty is the suffering that is inflicted 5. Justice that crime must be

by the State for the transgression of the punished by the State as an act of
law. retributive justice, a vindication of
absolute right and moral law
DIFFERENT JURIDICAL CONDITIONS OF violated by the criminal.
PENALTY
1. Must be productive of suffering, THREE-FOLD PURPOSE OF PENALTY
without however affecting the UNDER THE CODE:
integrity of the human personality. 1. Retribution or expiation the
2. Must be commensurate with the penalty is commensurate with the
offense different crimes must be gravity of the offense.
punished with different penalties. 2. Correction or reformation shown by
3. Must be personal no one should be the rules which regulate the
punished for the crime of another. execution of the penalties consisting
4. Must be legal it is the consequence in deprivation of liberty.
of a judgment according to law. 3. Social defense shown by its
5. Must be certain no one may escape inflexible severity to recidivists and
its effects. habitual delinquents.
6. Must be equal for all.
7. Must be correctional.
ART. 21 PENALTIES THAT MAY BE
PURPOSE OF THE STATE IN PUNISHING IMPOSED
CRIMES
The State has an existence of its own A felony shall be punishable only
to maintain, a conscience to assert, and by the penalty prescribed by law at the
moral principles to be vindicated. Penal time of its commission.
justice must therefore be exercised by It is a guaranty to the citizen of
the State in the service and satisfaction this country that no acts of his,
of a duty, and rests primarily on the will be considered criminal until
moral rightfulness of the punishment the Government has made it so
inflicted. by law and has provided a
penalty.
REASON: Because a law cannot
be rationally obeyed unless it is

Brillante, Jr.
first shown, and a man cannot be something which when done was
expected to obey an order that lawful; and
has not been given. 6. Deprives a person accused of a crime
of some lawful protection to which
he has become entitled, such as the
ART. 22 RETROACTIVE EFFECT OF protection of a former conviction or
PENAL LAWS acquittal, or a proclamation of
amnesty.
GENERAL RULE: Penal laws are
applied prospectively. If retroactive effect of a new
EXCEPTION: When retrospective law is justified, it shall apply
application will be favorable to the to the defendant even if he
person guilty of a felony; Provided is:
that: 1. presently on trial
for the offense;
1. The offender is NOT a habitual 2. has already been
criminal (delinquent) under Art. sentenced but service of which
62(5); has not begun; or
2. The new or amendatory law does 3. already serving
NOT provide against its retrospective sentence
application.
The retroactive effect of criminal
Habitual delinquent a person who, statutes does not apply to the
within a period of ten years from the culprits civil liability.
date of his release or last conviction of REASON: The rights of offended
the crimes of serious or less serious persons or innocent third parties are
physical injuries, robbery, theft, estafa, not within the gift of arbitrary
or falsification, is found guilty of any disposal of the State.
said crimes a third time or oftener.
The provisions of Art. 22 are
EX POST FACTO LAW applicable even to special laws
An act which when committed was not a which provide more favorable
crime, cannot be made so by statute conditions to the accused.
without violating the constitutional
inhibition as to ex post facto laws. An ex Criminal liability under the repealed
post facto law is one which: law subsists:
1. Makes criminal an act done before 1. When the provisions of the former
the passage of the law and which law are reenacted; or
was innocent when done; The right to punish offenses
2. Aggravates a crime, or makes it committed under an old penal
greater than it was, when law is not extinguished if the
committed; offenses are still punishable in
3. Changes the punishment and inflicts the repealing penal law.
a greater punishment than the law 2. When the repeal is by implication; or
annexed to the crime when When a penal law, which
committed; impliedly repealed an old law, is
4. Alters the legal rules of evidence, itself repealed, the repeal of the
and authorizes conviction upon a less repealing law revives the prior
or different testimony than the law penal law, unless the language
required at the time of the of the repealing statute provides
commission of the offense; otherwise.
5. Assumes to regulate civil rights and If the repeal is absolute, criminal
remedies only, in effect imposing a liability is obliterated.
penalty or deprivation of a right for 3. When there is a saving clause.

CHAIRPERSONS
Nevertheless, civil liability may be

ART. 23- EFFECT OF PARDON BY THE extinguished by the EXRESS WAIVER
OFFENDED PARTY of the offended party.
GENERAL RULE Pardon by the offended

party does not extinguish the criminal
liability of the offender. REASON: A
crime committed is an offense against
the State. Only the Chief Executive can
pardon the offenders.
EXCEPTION - Pardon by the offended AN OFFENSE CAUSES

party will bar criminal prosecution in the TWO CLASSES OF INJURIES:
following crimes: SOCIAL INJURY PERSONAL INJURY
Produced by the Caused to the victim
Adultery and Concubinage (Art. disturbance and of the crime who
344, RPC) alarm which are the suffered damage
EXPRESS or IMPLIED pardon outcome of the either to his person, to
offense. his property, to his
must be given by offended party to BOTH
honor or to her
offenders. chastity.
- Pardon must be given PRIOR to
institution of criminal action. Is sought to be Is repaired through
repaired through indemnity.
Seduction, Abduction, Acts of the imposition of
Lasciviousness (Art. 344, RPC) the corresponding
penalty.
The offended party The offended party
EXPRESS pardon given by cannot pardon the may waive the
offended party or her parents or offender so as to indemnity and the
grandparents or guardian relieve him of the State has no reason to
- Pardon must be given PRIOR to penalty. insist in its payment.
the institution of the criminal action.
However, marriage between the
offender and the offended party EVEN
ART. 24 MEASURES OF PREVENTION
AFTER the institution of the criminal
OR SAFETY WHICH ARE NOT
action or conviction of the offender will
CONSIDERED PENALTIES
extinguish the criminal action or remit
the penalty already imposed against the
THE FOLLOWING ARE NOT CONSIDERED
offender, his co-principals, accomplices
AS PENALTIES:
and accessories after the fact.
1. The arrest and temporary detention
of accused persons, as well as their
Rape (as amended by R.A. 8353)
detention by reason of insanity or
- The subsequent valid marriage
imbecility, or illness requiring their
between the offender and the offended
confinement in a hospital.
party shall extinguish criminal liability or
2. The commitment of a minor to any
the penalty imposed. In case the legal
of the institutions mentioned in Art.
husband is the offender, subsequent
80 (now Art. 192, PD No. 603) and
forgiveness by the wife as offended
for the purposes specified therein.
party shall also produce the same effect.
3. Suspension from the employment or
public office during the trial or in
Pardon by the offended party under
order to institute proceedings.
Art. 344 is ONLY A BAR to criminal
4. Fines and other corrective measures
prosecution; it is NOT a ground for
which, in the exercise of their
extinguishment of criminal liability.
administrative or disciplinary

Brillante, Jr.
powers, superior officials may

impose upon their subordinates.
5. Deprivation of rights and the Chapter Two: Classification of Penalties
reparations which the civil law may (Arts. 25-26)
establish in penal form.
ART. 25 PENALTIES WHICH MAY BE
IMPOSED
The scale in Art. 25 is only a general

classification of penalties based on
their severity, nature and subject
Reasons why they are not penalties: matter.
1. Because they are not imposed as a
result of judicial proceedings. Those The scale of penalties in Art. 70 is
mentioned in paragraphs 1, 3 and 4 provided for successive service of
are merely preventive measures sentences imposed on the same
before conviction of offenders. accused, in consideration of their
2. The offender is not subjected to or severity and natures.
made to suffer these measures in The scales in Art. 71 are for the
expiation of or as punishment for a purpose of graduating the penalties
crime. by degrees in accordance with the
rules in Art. 61.
Par. 1 does not refer to the
confinement of an insane or imbecile CLASSIFICATION OF PENALTIES UNDER
who has not been arrested for a ARTICLE 25:
crime. It refers to accused persons a) Based on their severity or gravity
who are detained by reason of 1. Capital,
insanity or imbecility. 2. Afflictive,
3. Correctional,
Paragraphs 3 and 4 refer to 4. Light
administrative suspension and This classification corresponds to
administrative fines and not to the classification of felonies in
suspension or fine as penalties for Art. 9, into grave, less grave and
violations of the RPC. light.
b) Based on their nature
The deprivations of rights 1. Principal penalties those
established in penal form by the civil expressly imposed by the court
laws is illustrated in the case of in the judgment of conviction.
parents who are deprived of their May be further classified based
parental authority if found guilty of on divisibility
the crime of corruption of their i. Divisible are those that
minor children, in accordance with have fixed duration and
Art. 332 of the Civil Code. are divisible into three
periods.
Where a minor offender was ii. Indivisible are those
committed to a reformatory which have no fixed
pursuant to Art. 80 (now, PD 603), duration. These are:
and while thus detained he commits 1) Death
a crime therein, he cannot be 2) Reclusin perpetua
considered a quasi-recidivist since 3) Perpetual absolute
his detention was only a preventive or special
measure, whereas a quasi-recidivism disqualification
presupposes the commission of a 4) Public censure
crime during the service of the
penalty for a previous crime.
CHAIRPERSONS
2. Accessory penalties are those

that are deemed included in the This article determines the
principal penalties. classification of a fine whether
imposed as a single or as an
c) Based on subject matter alternative penalty for a crime.
1. Corporal (death).
2. Deprivation of freedom The rule herein does not apply
(reclusion, prision, arresto). where the fine involved is in a
3. Restriction of freedom compound penalty, that is, it is
(destierro). imposed in conjunction with
4. Deprivation of rights another penalty.
(disqualification and suspension).
5. Pecuniary (fine). Where the fine in question is exactly
P200, under Art. 9 it is a light
Perpetual or temporary absolute felony, hence the felony involved is
disqualification, perpetual or a light felony; whereas under Art.
temporary special disqualification, 26, it is a correctional penalty,
and suspension may be principal or hence the offense involved is a less
accessory penalties. grave felony. It has been held that
EXAMPLES: this discrepancy should be resolved
I. Perpetual absolute liberally in favor of the accused,
disqualification is a principal hence Art. 9 prevails over Art. 26
penalty in prevaricacion (Art. (People vs. Yu Hai, 99 Phil. 725).
204) and perpetual special HOWEVER, according to Justice
disqualification, in Regalado there is no such
malversation (Art. 217). discrepancy. What is really in issue is
II. Temporary absolute the prescription of the offense vis-a-
disqualification is a principal vis the prescription of the penalty,
penalty when the accessory the former being the forfeiture of
acts with abuse of public the right of the State to prosecute
functions (Art, 19[3] and Art. the offender and the latter being the
58) and temporary special loss of its power to enforce the
disqualification, in direct judgment against the convict.
bribery (Art. 206).
III. Suspension is a principal
penalty in rendition of unjust Chapter Three: Duration and Effects of
interlocutory orders (Art. 206). Penalties (Arts. 27-45)
Section One Duration of Penalties

Bond to keep the peace is imposed ART. 27 DURATION OF EACH
only in the crime of threats (Art. DIFFERENT PENALTIES
284), either grave (Art. 282) or light
(Art. 283). 1. Reclusin perpetua 20 yrs. and 1
day to 40 yrs.
2. Reclusin temporal 12 yrs. and 1
ART. 26 FINE WHEN AFFLICTIVE, day to 20 yrs.
CORRECTIONAL OR LIGHT 3. Prisin mayor and temporary
disqualification 6 yrs. and 1 day to
FINE IS: 12 yrs., except when disqualification
1. Afflictive over P6,000.00 is an accessory penalty, in which
2. Correctional P200.00 to P6,000.00 case its duration is that of the
3. Light penalty less than P200.00 principal penalty.
4. Prisin correccional, suspensin, and
Same basis may be applied to destierro 6 mos. and 1 day to 6
Bond to keep the peace by yrs., except when suspensin is an
analogy. accessory penalty, in which case its

Brillante, Jr.
duration is that of the principal

penalty. These rules on preventive
5. Arresto mayor 1 mo. And 1 day to 6 imprisonment apply to all sentences
mos. regardless of the duration thereof,
6. Arresto menor 1 day to 30 days including the so-called perpetual
7. Bond to keep the peace the period penalties as long as they involve
during which the bond shall be deprivation of liberty. It applies to
effective is discretionary on the destierro.
court.
When is the detention prisoner entitled
Destierro is a principal, correctional to the full credit of his preventive
and divisible penalty. imprisonment?
If the detention prisoner agrees
In what cases is destierro imposed? voluntarily in writing to abide by the
1. Serious physical injuries or death same disciplinary rules imposed upon
under exceptional circumstances. convicted prisoners.
(Art. 247) When will he be credited only with
2. In case of failure to give bond for four-fifths the time during which he
good behavior. (Art. 284) has undergone preventive
3. As a penalty for the concubine in imprisonment?
concubinage. (Art. 334) If the detention prisoner does not agree
4. In cases where after reducing the to abide by the same disciplinary rules
penalty by one or more degrees, imposed upon convicted prisoners.
destierro is the proper penalty.
In the case of a youthful offender
who has been proceeded against
ART. 28 COMPUTATION OF under the Child and Youth Welfare
PENALTIES Code, he shall be credited in the
service of his sentence with the full
1. When the offender is in prison the time of his actual detention,
duration of temporary penalties is whether or not he agreed to abide
from the day on which the judgment by the same disciplinary rules of the
of conviction becomes final. institution.
2. When the offender is not in prison
the duration of penalties consisting The following offenders are not
in deprivation of liberty, is from the entitled to be credited with the full
day that the offender is placed at time or four-fifths of the time of
the disposal of judicial authorities preventive imprisonment:
for the enforcement of the penalty. 1. Recidivists or those convicted
3. The duration of other penalties the previously twice or more times of
duration is from the day on which any crime.
the offender commences to serve his 2. Those who, upon being summoned
sentence. for the execution of their sentence,
failed to surrender voluntarily.
ART. 29 PERIOD OF PREVENTIVE Habitual delinquents are included in

IMPRISONMENT DEDUCTED FROM TERM No. 1.
OF IMPRISONMENT
No. 2 refers to convicts who failed to
Preventive imprisonment is the period voluntarily surrender to serve their
of detention undergone by an accused penalties under a final judgment,
where the crime with which he is since this is indicative of a greater
charged is non-bailable or, even if defiance of authority. It does not
bailable, he is unable to post the refer to failure or refusal to
requisite bail.
CHAIRPERSONS
voluntarily surrender after the LIMITATIONS UPON THE EXERCISE OF

commission of the crime. THE PARDONING POWER:
1. That the power can be exercised
Section Two Effects of the penalties only after conviction by final
according to their respective nature. judgment;
A plebiscite is not mentioned or 2. That such power does not extend to

contemplated in Art.30, par. 2 cases of impeachment.
(deprivation of the right to GENERAL RULE: When the principal
vote), hence, the offender may penalty is remitted by pardon, only the
vote in that exercise, subject to effect of that principal penalty is
the provisions of pertinent extinguished, but not the accessory
election laws at the time. penalties attached to it.
EXCEPTION: When an absolute pardon is
Perpetual absolute disqualification is granted after the term of imprisonment
effective during the lifetime of the has expired, it removes what is left of
convict and even after the service of the consequences of conviction.
the sentence.
PARDON BY THE PARDON BY
Temporary absolute disqualification CHIEF EXECUTIVE OFFENDED PARTY
lasts during the term of the (ART. 36) (ART. 23)
sentence, and is removed after the As to the crime covered
service of the same, EXCEPT:
1) Deprivation of the public office Can extend to any Applies only to
crime, unless crimes against
or employment, and otherwise provided chastity under the
2) Loss of all rights to retirement by or subject to RPC.
pay or other pension for any conditions in the
office formerly held. Constitution or the
laws.
Bond to keep the peace is different
from bail bond which is posted for
the provisional release of a person As to extinguishment of criminal
arrested for or accused of a crime. liability
Extinguishes Does not extinguish
criminal liability. criminal liability
CIVIL INTERDICTION IN ART. 34 IS
although it may
IMPOSED WHEN THE PENALTY IS: constitute a bar to
1. Death which is not carried out, the prosecution of
2. Reclusin perpetua,or the offender.
3. Reclusin temporal
At to the effect on civil liability
Cannot affect the The offended party
ART. 36 PARDON; ITS EFFECTS civil liability ex can waive the civil
delicto of the liability.
EFFECTS OF PARDON BY THE offender.
PRESIDENT When granted
1. A pardon shall not restore the right Can be extended Can be validly
to hold public office or the right of only after granted only before
suffrage. conviction by final the institution of
EXCEPTION: When any or both such judgment of the the criminal action.
rights is/are expressly restored by accused.
the terms of the pardon. To whom granted
To any or all of the In adultery and
accused concubinage, must
2. It shall not exempt the culprit from
include both
the payment of the civil liability. offenders.
As to whether it can be conditional

Brillante, Jr.
May be absolute or Cannot validly be Subsidiary penalty it is a subsidiary

conditional made subject to a personal liability to be suffered by the
condition. convict who has no property with which
to meet the fine, at the rate of one day
for each eight pesos (P8.00), subject to
the rules provided for in Art. 39.
Subsidiary penalty shall be proper

only if the accused has no property
ART. 37 COSTS with which to pay the fine, and not
as a matter of choice on his part by
Costs or costs of suit are the expenses opting to go to jail instead of paying.
of litigation allowed and regulated by
the Rules of Court to be assessed against Subsidiary penalty is not an
or to be recovered by a party in accessory penalty, hence it must be
litigation. specifically imposed by the court in
its judgment, otherwise the accused
THE FOLLOWING ARE INCLUDED IN cannot be made to serve the
COSTS: corresponding subsidiary
1. Fees, and imprisonment.
2. Indemnities, in the course of judicial
proceedings. RULES AS TO SUBSIDIARY PENALTY
1. If the penalty imposed is prisin
Are chargeable to the accused only correccional or arresto and fine
in cases of conviction. In case of subsidiary imprisonment is not to
acquittal, the costs are de oficio, exceed 1/3 of the term of the
meaning each party bearing his own sentence, and in no case to continue
expenses. for more than one year. Fraction or
part of a day, not counted.
The payment of costs is a matter 2. When the penalty imposed is fine
that rests entirely upon the only subsidiary imprisonment
discretion of courts. a) not to exceed 6 months if the
culprit is prosecuted for grave or
less grave felony, and
ART. 38 - PECUNIARY LIABILITIES b) not to exceed 15 days if
prosecuted for light felony.
What are the pecuniary liabilities of 3. When the penalty imposed is higher
persons criminally liable? than prisin correccional no
They are, in the following order: subsidiary imprisonment.
1. The reparation of the damage 4. If the penalty imposed is not to be
caused executed by confinement, but of
2. Indemnification of the consequential fixed duration subsidiary penalty
damages shall consist in the same deprivations
3. Fine as those of the principal penalty,
4. Costs of proceedings. under the same rules as nos. 1, 2 and
3 above.
When is Art.38 applicable? 5. In case the financial circumstances
In case the property of the offender of the convict should improve, he
should not be sufficient for the payment shall pay the fine, notwithstanding
of all his pecuniary liabilities. the fact that the convict suffered
subsidiary personal liability therefor.
ART. 39 SUBSIDIARY PENALTY When the penalty prescribed for the

offense is imprisonment, it is the
penalty actually imposed by the
CHAIRPERSONS
Court, not the penalty provided for ii. Perpetual special disqualification
by the Code, which should be from suffrage, unless expressly
considered in determining whether remitted in the pardon of the
or not subsidiary penalty should be principal penalty.
imposed.
4. Prisin correccional
NO SUBSIDIARY PENALTY SHALL BE i. Suspension from public office,
IMPOSED WHERE: profession or calling, and
1. The penalty imposed is higher than ii. Perpetual special disqualification
prisin correccional or 6 years, from suffrage, if the duration of
Additional penalty for habitual imprisonment exceeds 18
delinquency should be included months, unless expressly
in determining whether or not remitted in the pardon of the
subsidiary penalty should be principal penalty.
imposed. There is perpetual special
disqualification from suffrage,
2. For non-payment of reparation or only when the duration of the
indemnification, imprisonment exceeds 18
months.
3. For non-payment of costs, and
5. Arresto suspension of the right to
4. Where the penalty imposed is a fine hold office and the right of suffrage
and another penalty without fixed during the term of the sentence.
duration, like censure.
The Code does not provide for any
The rules on subsidiary penalty in accessory penalty for destierro.
Art. 39 are applicable to crimes
punishable by special laws by force
of Art. 10 of the Code. RECLUSION LIFE
PERPETUA IMPRISONMENT
Section Three Penalties in which Has a specific Has no definite term
other accessory penalties are inherent duration of 20 years or accessory
and 1 day to 40 years penalties.
OUTLINE OF ACCESSORY PENALTIES and accessory
penalties.
INHERENT IN PRINCIPAL PENALTIES
1. Death, when not executed by reason
of commutation or pardon Imposable on Imposable on crimes
i. Perpetual absolute felonies punished by punishable by special
disqualification, and the RPC. laws.
ii. Civil interdiction during 30 years,
if not expressly remitted in the
pardon.
ART. 45 CONFISCATION AND
FORFEITURE OF THE PROCEEDS OF THE
2. Reclusin perpetua and reclusin
CRIME
temporal
i. Civil interdiction for life or
OUTLINE OF THE PROVISION OF THIS
during the sentence, and
ARTICLE
ii. Perpetual absolute
1. Every penalty imposed carries with it
disqualification, unless expressly
the forfeiture of the proceeds of the
remitted in the pardon of the
crime and the instruments or tools
principal penalty.
used in the commission of the crime.
2. The proceeds and instruments or
3. Prisin mayor
tools of the crime are confiscated
i. Temporary absolute
and forfeited in favor of the
disqualification, and
Government.

Brillante, Jr.
3. Property of a third person not liable a) the stages of execution

for the offense, is not subject to (consummated, frustrated, or
confiscation and forfeiture. attempted); and
4. Property not subject of lawful b) the degree of the criminal
commerce (whether it belongs to the participation of the offender
accused or to third person) shall be (whether as principal, accomplice or
destroyed. accessory).
2. BY PERIODS refers to the proper
The confiscation and forfeiture of period of the penalty which should be
the proceeds and instruments of a imposed when aggravating or mitigating
crime is an accessory penalty. circumstances attend the commission of
the crime.
The provisions of Art. 45 cannot apply
when
1. The instruments belong to innocent ART. 47 CASES WHEREIN THE DEATH
third parties, PENALTY SHALL NOT BE IMPOSED
2. Such properties have not been
placed under the jurisdiction of the
1. UNDER AGE. When the offender is
below 18 years of age at the time of
court, and
the commission of the crime.
3. When it is legally or physically
impossible. 2. OVER AGE. When the guilty person is
more than seventy (70) years of age.
This accessory penalty presupposes a 3. NO COURT MAJORITY. When upon
judgment of conviction. However, appeal or automatic review of the
even if the accused is acquitted on case by the Supreme Court, the vote
reasonable doubt, but the of eight members is not obtained for
instruments or proceeds are the imposition of the death penalty.
contraband, the judgment of
acquittal shall order their forfeiture Automatic review is available only in
for appropriate disposition. cases where death penalty is
imposed (R.A. 7659).
Chapter Four: Application of Penalties CRIMES PUNISHABLE BY DEATH UNDER

(Arts. 46-72) THE DEATH PENALTY LAW (RA 7659)
1. Treason
Section One Rules for application of 2. Qualified Piracy
penalties to the persons criminally 3. Qualified Bribery
liable and for the graduation of the 4. Parricide
same. 5. Murder
6. Infanticide
ART. 46. PENALTY TO BE IMPOSED 7. Kidnapping and Serious Illegal
UPON PRINCIPALS IN GENERAL Detention
8. Robbery with Homicide, Rape,
GENERAL RULE: The penalty prescribed Intentional Mutilation, or Arson
by law in general terms shall be imposed 9. Rape with the use of a deadly
upon the principals for a consummated weapon, or by two or more persons
felony. - where the victim became
EXCEPT: When the penalty to be insane
imposed upon the principal in frustrated - with Homicide
or attempted felony is fixed by law. 10. Qualified Rape
11. Destructive Arson
GRADUATION OF PENALTIES 12. Plunder
1. BY DEGREES refers to 13. Violation of certain provisions of the
Dangerous Drugs Act
14. Carnapping
CHAIRPERSONS
Art. 48 does not apply when the law

provides one single penalty for
ART. 48 COMPLEX CRIMES special complex crime. These
include
CONCEPT: Robbery with Homicide
1. In complex crime, although 2 or Robbery with Rape
more crimes are actually committed, Rape with Homicide
they constitute only one crime in the Kidnapping with Serious
eyes of the law as well as in the Physical Injuries
conscience of the offender. Kidnapping with Homicide or
2. The offender has only one criminal Murder
intent, hence there is only one
penalty imposed for the commission The penalty for complex crime is the
of a complex crime. penalty for the most serious crime,
the same to be applied in its
TWO KINDS OF COMPLEX CRIMES: maximum period.
1. COMPOUND CRIME (delito
compuesto) a single act If different crimes resulting from one
constitutes 2 or more grave or less single act are punished with the
grave felonies. same penalty, the penalty for any
REQUISITES: one of them shall be imposed, the
1. That only a single act is same to be applied in the maximum
performed by the offender; period.
2. That the single act
produces: (1) two or more Art. 48 applies to crimes through
grave felonies, or (2) one or negligence. E.g.: offender found
more grave and one or more guilty of a complex crime of
less grave felonies. homicide with less serious physical
injuries through reckless
imprudence.
2. COMPLEX CRIME PROPER
(delito complejo) an offense is a
When 2 felonies constituting a
necessary means for committing
complex crime are punishable by
the other.
imprisonment and fine, respectively,
REQUISITES:
only the penalty of imprisonment
1. That at least two should be imposed. REASON: fine is
offenses are committed; not included in the list of penalties
2. That one or some of the in the order of severity, and it is the
offenses must be necessary last in the graduated scales in Art.
to commit the other; 71 of the RPC.
3. That both or all of the
offenses must be punished Plurality of Crimes- consists in the
under the same statute. successive execution, by the same
individual, of different criminal acts,
NO COMPLEX CRIME IN THE FOLLOWING upon any of which no conviction has yet
CASES been declared.
1. In case of continuing crimes
2. When one offense is committed to KINDS:
conceal the other. 1. FORMAL OR IDEAL PLURALITY- only
3. When the other crime is an ONE CRIMINAL LIABILITY.
indispensable part or an element of THREE GROUPS UNDER THE
the other offenses. FORMAL TYPE:
4. Where one of the offenses is a) When the offender
penalized by a special law. commits any of the complex
crimes in ART 48.

Brillante, Jr.
b) When the law or frustrated crime shall be imposed

specifically fixes a single in its maximum period.
penalty for two or more
offenses committed. ART. 59. PENALTY TO BE IMPOSED IN
c) When the offender CASE OF FAILURE TO COMMIT THE
commits continuing crimes. CRIME BECAUSE THE MEANS EMPLOYED
2. REAL OR MATERIAL PLURALITY - OR THE AIMS SOUGHT ARE IMPOSSIBLE
DIFFERENT CRIMES in law, as well as
in the conscience of the offender; The penalty for impossible crime is
the offender shall be PUNISHED FOR Arresto Mayor (imprisonment of 1 mo
EACH and every offense that he and 1 day to 6 mos) or fine ranging from
committed. 200-500pesos.
CONTINUING CRIME is a single crime, BASIS FOR THE IMPOSITION OF PROPER
consisting of a series of acts, but all PENALTY
arising from ONE CRIMINAL RESOLUTION; 1. Social danger; and
length of time in the commission is 2. Degree of criminality shown by the
immaterial. offender
REAL OR CONTINUED ART. 61. RULES OF GRADUATING

MATERIAL CRIME PENALTIES
PLURALITY According to Arts. 50-57, the penalty
1. There is a series 1. There is a series prescribed by law for the felony shall be
of acts performed of acts performed lowered by one or two degrees, as
by the offender by the offender follows:
2. Each act 2. The different acts 1. For the principal in frustrated felony
performed by the constitute only one one degree lower;
offender constitutes crime, all of the 2. For the principal in attempted felony
a separate crime, acts performed arise two degrees lower;
each act is from one criminal
3. For the accomplice in consummated
generated by a resolution
criminal impulse felony one degree lower;
4. For the accessory in consummated
felony two degrees lower;
ART. 49 PENALTY TO BE IMPOSED
UPON THE PRINCIPALS WHEN THE DIAGRAM OF THE APPLICATION OF
CRIME COMMITTED IS DIFFERENT FROM ARTS. 50- 57:
THAT INTENDED
RULES: CONSUM- FRUS- ATTEMP-

1. If the penalty for the felony MATED TRATED TED
committed be higher than the
penalty for the offense which the Prin 0 1 2
accused intended to commit, the
Accom 1 2 3
lower penalty shall be imposed in its
maximum period.
Acces 2 3 4
2. If the penalty for the felony
committed be lower than the
In this diagram, 0 represents the
penalty for the offense which the
penalty prescribed by law in defining a
accused intended to commit, the
crime, which is to be imposed on the
lower penalty shall be imposed in its
principal in a consummated offense, in
maximum period.
accordance with the provisions of Art.
3. If the act committed also constitutes 64. The other figures represent the
an attempt or frustration of another degrees to which the penalty must be
crime, and the law prescribes a lowered, to meet the different situations
higher penalty for either of the anticipated by law.
latter, the penalty for the attempted
CHAIRPERSONS
Section Two Rules for the application As to the CRIMES committed

of penalties with regard to the The crimes are It is sufficient that
mitigating and aggravating specified the accused on the
circumstances, and habitual date of his trial,
delinquency shall have been
previously
convicted by final
judgment of
another crime
embraced in the
same title.
As to the PERIOD of time the crimes
ART. 62. EFFECTS OF THE are committed
ATTENDANCE OF MITIGATING OR The offender is found No period of time
AGGRAVATING CIRCUMSTANCES AND OF guilty within ten between the
HABITUAL DELIQUENCY years from his last former conviction
release or last and the last
EFFECTS: conviction. conviction.
As to the NUMBER of crimes
1. Aggravating circumstances (generic committed
and specific) have the effect of The accused must be The second offense
increasing the penalty, without found guilty the third is for an offense
however exceeding the maximum time or oftener of found in the same
period provided by law. the crimes specified. title.
2. Mitigating circumstances have the As to their EFFECTS
effect of diminishing the penalty. An additional penalty If not offset by a
3. Habitual delinquency has the effect, is also imposed mitigating
circumstance,
not only of increasing the penalty
serves to increase
because of recidivism which is the penalty only to
generally implied in habitual the maximum
delinquency, but also of imposing an
additional penalty.
ART. 63 RULES FOR THE APPLICATION
OF INDIVISIBLE PENALTIES
REQUISITES OF HABITUAL DELIQUENCY:
1. that the offender had been OUTLINE OF THE RULES:
convicted of any of the crimes of 1. When the penalty is single
serious or less serious physical
indivisible, it shall be applied
injuries, robbery, theft, estafa or
regardless of any mitigating (except
falsification.
if privilege mitigating) or aggravating
2. that after conviction or after serving circumstances.
his sentence, he again committed, 2. When the penalty is composed of
and, within 10 years from his last
two indivisible penalties, the
release of first conviction, he was
following rules shall be observed:
again convicted of any of the said
crimes for the second time. a) When there is only one
aggravating circumstance, the
3. that after his conviction of, or after greater penalty shall be
serving sentence for the second
imposed.
offense, he again committed, and,
within 10 years from his last release b) When there is neither
or last conviction, he was again mitigating nor aggravating
convicted of any of said offenses, circumstances, the lesser
the third time or oftener. penalty shall be imposed.
c) When there is a
Habituality distinguished from recidivism mitigating circumstance and no
HABITUAL RECIDIVISM aggravating circumstance, the
DELIQUENCY lesser penalty shall be imposed.

Brillante, Jr.
d) When both mitigating guilty of the offense charged, is not

and aggravating circumstances sentenced to any penalty. The
are present, the court shall sentence is suspended and he is
allow them to offset one ordered committed to the
another. reformatory institution, IF, his
application therefore is approved by
the court.
This article is applicable when the

minors application for suspension of
sentence is DISAPPROVED or if while
in the reformatory institution he
ART. 64 RULES FOR THE becomes INCORRIGIBLE, in which
APPLICATION OF PENALTIES, WHICH case he shall be returned to the
CONTAIN THREE PERIODS court for the imposition of the
proper penalty.
CASES IN WHICH MITIGATING AND
AGGRAVATING CIRCUMSTANCES ARE ART. 70. SUCCESSIVE SERVICE OF
NOT CONSIDERED IN THE IMPOSITION SENTENCE
OF PENALTY:
1. When the penalty is single and THE THREE-FOLD RULE
indivisible (except if privileged
mitigating) 1. THE MAXIMUM DURATION OF THE
2. In felonies through negligence CONVICTS SENTENCE shall not be
3. When the penalty is only a fine more than three times the length of
imposed by an ordinance time corresponding to the most
4. When the penalties are prescribed by severe of the penalties imposed
special laws upon him.
2. But in no case to exceed 40 years.
ART. 66. IMPOSITION OF FINES
3. This rule shall apply only when the
OUTLINE OF THE PROVISION: convict is to serve 4 or more
1. The court can fix any amount of the sentences successively.
fine within the limits established by 4. Subsidiary penalty forms part of the
law. penalty.
2. The court must consider: (1) the
mitigating and aggravating
circumstances; and (2) more DIFFERENT SYSTEMS OF PENALTY,
particularly, the wealth or means of RELATIVE TO THE EXECUTION OF TWO
the culprit. OR MORE PENALTIES IMPOSED ON ONE
AND THE SAME ACCUSED
3. The court may also consider: (1) the 1. Material accumulation system
gravity of the crime committed; (2) No limitation whatever, and
the heinousness of it s perpetration; accordingly, all the penalties for all
and (3) the magnitude of its effects the violations were imposed even if
on the offenders victims. they reached beyond the natural
span of human life.
2. Juridical accumulation system
ART. 68. PENALTY TO BE IMPOSED Limited to not more than three-
UPON A PERSON UNDER EIGHTEEN fold the length of time
YEARS OF AGE corresponding to the most severe
and in no case to exceed 40 years.
APPLICATION OF ART. 68: This is followed in our jurisdiction.
This article is not immediately 3. Absorption system
applicable to a minor under 18 years The lesser penalties are
of age, because such minor, if found absorbed by the graver penalties.
CHAIRPERSONS
I. IF THE PENALTY IS
IMPOSED BY THE RPC:
ART. 72. PREFERENCE IN THE 1. The Maximum Term is that which
PAYMENT OF CIVIL LIABILITIES could be properly imposed under the
RPC, considering the aggravating and
Civil liability is satisfied by following the mitigating circumstances.
chronological order of the dates of the
2. The MinimumTerm is within the
final judgment.
range of the penalty one degree
lower than that prescribed by the
RPC, without considering the
circumstances.
Section Three Provisions common in
the last two preceding sections (Arts. BUT when there is a privileged
73-77) mitigating circumstance, so that the
penalty has to be lowered by one
ART. 77. WHEN THE PENALTY IS degree, the STARTING POINT for
A COMPLEX ONE COMPOSED OF determining the minimum term of
THREE DISTINCT PENALTIES the indeterminate penalty is the
penalty next lower than that
COMPLEX PENALTY - is a penalty prescribed by the Code for the
prescribed by law composed of three offense.
distinct penalties, each forming a
period: the lightest of them shall be the II. IF THE PENALTY IS IMPOSED BY
minimum, the next the medium, and the SPECIAL PENAL LAW
most severe the maximum period. a) The Maximum Term must not
exceed the maximum term fixed by
said law.
INDETERMINATE SENTENCE LAW (ISL) b) The Minimum Term must not be
Act No. 4103 as amended by Act No. less than the minimum term
4225 prescribed by the same.
CONCEPT OF INDETERMINATE For SPECIAL LAWS, it is anything

SENTENCE is a sentence with a within the inclusive range of the
minimum term and a maximum term prescribed penalty. Courts are given
discretion in the imposition of the
which, the court is mandated to impose indeterminate penalty. The
for the benefit of a guilty person who is aggravating and mitigating
not disqualified therefore, when the circumstances are not considered
maximum imprisonment exceeds one (1) unless the special law adopts the
year. It applies to both violations of same terminology for penalties as
Revised Penal Code and special laws. those used in the RPC (such as
reclusin perpetua and the like).
A. SENTENCE IN THE ISL
In imposing a prison sentence for an B. WHEN BENEFIT OF THE ISL IS NOT
offense punished by the Revised Penal APPLICABLE:
Code or special penal laws, the court The Indeterminate Sentence Law shall
shall sentence the accused to an not apply to the following persons:
indeterminate sentence, which has a
maximum and a minimum term based on
1. sentenced to death penalty or life
imprisonment
the penalty actually imposed.
2. treason, or conspiracy or proposal to
commit treason
ISL application is mandatory, where
imprisonment would exceed one 3. misprision of treason, rebellion,
year. sedition or espionage
4. piracy
5. habitual delinquents

Brillante, Jr.
6. escaped from confinement, or him, and (b) is fit for release of the
evaded sentence prisoner on parole, upon terms and
7. granted with conditional pardon by conditions prescribed by the Board.
the President, but violated the terms 2. But when the paroled prisoner
thereof violates any of the conditions of his
8. maximum term of imprisonment parole during the period of
does not exceed 1 year surveillance, he may be rearrested
to serve the remaining unexpired
9. sentenced to the penalty of portion of the MAXIMUM sentence.
destierro or suspension only 3. Even if a prisoner has already served
the MINIMUM, but he is not fitted for
C. RELEASE OF THE PRISONER ON release on the parole, he shall
PAROLE continue to serve until the end of
The Board of Pardons and Parole may the MAXIMUM term.
authorize the release of a prisoner on
parole, after he shall have served the THE CHILD AND YOUTH WELFARE CODE
minimum penalty imposed on him, (PD 603, as amended)
provided that:
a) Such prisoner is fitted by his training Who is a Youthful Offender?
for release, A youthful offender is a child, minor, or
b) There is reasonable probability that youth, including one who is emancipated
he will live and remain at liberty in accordance with law, who is over nine
without violating the law, years but under eighteen years of age at
c) Such release will not be the time of the commission of the
incompatible with the welfare of offense.
society. A child nine years of age or under at
the time of the commission of the
D. ENTITLEMENT TO FINAL RELEASE offense shall be exempt from
AND DISCHARGE criminal liability and shall be
If during the period of surveillance such committed to the care of his or her
paroled prisoner shall: (a) show himself father or mother, or nearest relative
to be a law abiding citizen and, (b) shall or family friend in the discretion of
not violate any law, the Board may issue the court and subject to its
a final certification in his favor, for his supervision
final release and discharge.
The same shall be done for a child
E. SANCTION FOR VIOLATION OF over nine years and under fifteen
CONDITIONS OF THE PAROLE years of age at the time of the
When the paroled prisoner shall violate commission of the offense, unless he
any of the conditions of his parole: (a) acted with discernment, in which
the Board may issue an order for his case he shall be proceeded against in
arrest, and thereafter, (b) the prisoner accordance with Article 192.
shall serve the remaining unexpired
portion of the maximum sentence for 1. The purpose of the Child and Youth
which he was originally committed to Welfare Code is to avoid a situation
prison. where JUVENILE OFFENDERS would
commingle with ordinary criminals in
F. REASONS FOR FIXING THE MAXIMUM prison.
AND MINIMUM TERMS IN THE 2. If the court finds that the youthful
INDETERMINATE SENTENCE offender committed the crime
The minimum and maximum terms in the charged against him, it shall
IS must be fixed, because they are the DETERMINE the imposable penalty
basis for the following: and the civil liability chargeable
1. Whenever a prisoner has: (a) served against him.
the MINIMUM penalty imposed on

CHAIRPERSONS
3. The court may not pronounce (PD 968, AS AMENDED)

judgment of conviction but instead
SUSPEND all further proceedings if, A. CONCEPT
upon application of the youthful PROBATION is a disposition under
offender, it finds that the best which a defendant after conviction
interest of the public and that of the and sentence is released subject to
offender will be served thereby. conditions imposed by the court and
4. The benefits of Article 192 of PD to the supervision of a probation
603, as amended, providing for officer.
suspension of sentence, shall NOT
APPLY TO (1) a youthful offender
who once enjoyed suspension of
sentence under its provisions, or (2)
one who is convicted of an offense B. APPLICATION
punishable by death or life This shall apply to all offenders
imprisonment. except those entitled to benefits
under PD 603 and similar laws.
5. The youthful offender shall be
RETURNED to the committing court C. RULES ON GRANT OF
for pronouncement of judgment, PROBATION
when the youthful offender, (1) has
been found incorrigible, or (2) has 1. After having convicted and
willfully failed to comply with the sentenced a defendant, the trial
conditions of his rehabilitation court MAY SUSPEND the execution of
programs; or (3) when his continued the sentence, and place the
stay in the training institution would defendant on probation, upon
be inadvisable. APPLICATION by the defendant
6. When the youthful offender has within the period for perfecting an
reached the age of TWENTY-ONE appeal.
while in commitment, the court shall 2. Probation may be granted whether
determine whether- the sentence imposed a term of
a) To DISMISS the case, if imprisonment or fine only.
the youthful offender has 3. NO application for probation shall be
behaved properly and has shown entertained or granted if the
his capability to be a useful defendant has PERFECTED AN
member of the community; or APPEAL from the judgment of
conviction.
b) To PRONOUNCE the
4. Filing of application for probation
judgment of conviction, if the operates as a WAIVER OF THE RIGHT
conditions mentioned are not TO APPEAL.
met. 5. The application shall be filed with
7. In the latter case, the convicted the trial court, and the order
offender may apply for PROBATION. granting or denying probation shall
In any case, the youthful offender NOT BE APPEALABLE.
shall be credited in the service of his 6. Accessory penalties are deemed
sentence with the full time spent in suspended once probation is
actual commitment and detention. granted.
8. The final release of a youthful
offender, based on good conduct as D. POST-SENTENCE INVESTIGATION
provided in Art. 196 shall not The convict is not immediately placed on
obliterate his CIVIL LIABILITY for probation. There shall be a prior
damages. investigation by the probation officer
9. A minor who is ALREDY AN ADULT at and a determination by the court.
the time of his conviction is not
entitled to a suspension of sentence. E. CRITERIA FOR PLACING AN
OFFENDER ON PROBATION
PROBATION LAW OF 1976

Brillante, Jr.
The court shall consider: and rehabilitation outside prison.

1. All information relative to the HOWEVER, the enumeration is not
character, antecedents, inclusive. Probation statutes are
environment, mental, and physical liberal in character and enable the
condition of the offender. courts to designate practically ANY
2. Available institutional and term it chooses, as long as the
community resources. probationers Constitutional rights
are not jeopardized. Also, they must
F. PROBATION SHALL BE DENIED IF not be unduly restrictive of
THE COURT FINDS THAT: probationer, and not incompatible
1. The offender is in need of with the freedom of conscience of
correctional treatment that can be probationer.
provided effectively by his
commitment to an institution.
2. There is undue risk of committing
another crime.
3. Probation will depreciate the I. PERIOD OF PROBATION
seriousness of the offense FOR HOW LONG MAY A CONVICT BE
committed. PLACED ON PROBATION?
1. If the convict is sentenced to a term
G. DISQUALIFIED OFFENDERS of imprisonment of NOT more than
THE BENEFITS OF THE DECREE SHALL one year, the period of probation
NOT BE EXTENDED TO THOSE: shall not exceed 2 years.
1. Sentenced to serve a maximum term 2. In all other cases, if he is sentenced
of imprisonment of more the 6 to more than one year, said period
years. shall not exceed 6 years.
2. Convicted of subversion or any crime 3. When the sentence imposes a fine
against the national security or the only and the offender is made to
public order. serve subsidiary imprisonment. The
3. Previously convicted by final period of probation shall be twice
judgment of an offense punished by the total number of days of
imprisonment of not less than 1 subsidiary imprisonment.
month and 1 day and/or a fine not
less than P200. J. ARREST OF PROBATIONER AND
4. Once placed on probation. SUBSEQUENT DISPOSITIONS
1. At any time during probation, the
H. CONDITIONS OF PROBATION court may issue a warrant for the
2 KINDS OF CONDITIONS IMPOSED: ARREST of a probationer for any
serious violation of the conditions of
1. Mandatory or general once probation.
violated, the probation is cancelled. 2. If violation is established, the court
They are: may (a) REVOKE his probation, or (b)
a) Probationer: Presents continue his probation and MODIFY
himself to the probation officer the conditions thereof. This order is
designated to undertake his not appealable.
supervision, at such place as may 3. If revoked, the probationer shall
be specified in the order, within SERVE the sentence originally
72 hours from receipt of order; imposed.
b) He reports to the
probation officer at least once a K. TERMINATION OF PROBATION
month. The court may order the final discharge
2. Discretionary or special additional of the probationer upon finding that, he
conditions listed, which the courts has fulfilled the terms and conditions of
may additionally impose on the his probation.
probationer towards his correction
CHAIRPERSONS
L. EFFECTS OF TERMINATION
OF PROBATION Chapter One: Total Extinction of
1. Case is deemed terminated. Criminal Liability (Arts. 89-93)
2. Restoration of all civil rights lost or
suspended. ART. 89. CRIMINAL LIABILITY IS
TOTALLY EXTINGUISHED
3. Fully discharges liability for any fine
imposed.
HOW CRIMINAL LIABLITY TOTALLY
EXTINGUISHED:
Note that the probation is NOT 1. By the DEATH of the convict as to
coterminous with its period. There personal penalties; BUT as to
must be an order issued by the court pecuniary penalties, liability is
discharging the probationer. extinguished only when the death of
the offender occurs before or after
final judgment
Chapter Five: Execution and Service of 2. By SERVICE OF SENTENCE;

Penalties (Arts. 78-88) 3. By AMNESTY, which completely
extinguishes the penalty and all its
ART. 83. SUSPENSION OF THE effects.
EXECUTION OF THE DEATH SENTENCE 4. By ABSOLUTE PARDON
5. By PRESCRIPTION OF THE CRIME
Death sentence shall be suspended 6. By PRESCRIPTION OF PENALTY
when accused is a: 7. By MARRIAGE OF THE OFFENDED
1. Woman, while pregnant, WOMAN with the offender in the
2. Woman, within one year after crimes of rape, seduction,
delivery, abduction, and acts of
3. Person over 70 years of age; lasciviousness. In the crimes of rape,
4. Convict who becomes insane, after seduction, abduction, and acts of
final sentence of death has been lasciviousness, the marriage, as
pronounced. provided under Art 344, must be
contracted in good faith.
ART. 87. DESTIERRO AMNESTY is an act of the sovereign

power granting oblivion or general
ONLY IN THE FOLLOWING CASES IS pardon for a past offense, and is rarely if
DESTIERRO IMPOSED: ever exercised in favor of a single
1. Death or serious physical injuries is individual, and is usually extended in
caused or are inflicted under behalf of certain classes of persons who
exceptional circumstances (Art. are subject to trial but have not yet
247); been convicted.
2. Failure to give bond for good PARDON is an act of grace, proceeding

behavior in grave and light threats from the power entrusted with the
(Art. 284); execution of the laws, which exempts
the individual on whom it is bestowed
3. Penalty for the concubine in
from the punishment the law inflicts for
concubinage (Art. 334);
the crime he has committed.
4. When, after reducing the penalty by
one or more degrees, destierro is Pardon distinguished from amnesty
the proper penalty. PARDON AMNESTY
1. Includes any 1. A blanket pardon

TITLE FOUR: EXTINCTION OF CRIMINAL crime and is to classes of persons
LIABILITY exercised or communities who

Brillante, Jr.
individually by the may be guilty of by arresto mayor which shall

President political offenses. prescribe in 5 years.
When the penalty fixed by law is
2. Exercised when 2. May be exercised a compound one, the highest
the person is even before trial or
penalty shall be made the basis
already convicted investigation is had
of the application of the rules
3. Merely looks 3. Looks BACKWARD contained above.
FORWARD and and abolishes and 2. Crime of libel 1 year
relieves the puts into oblivion the 3. Offenses of oral defamation and
offender from the offense itself; it so slander by deed 6 months
consequences of an overlooks and 4. Light offenses 2 months
offense of which he obliterates the
has been convicted; offense with which Prescription of the penalty is the loss
it does not work for he is charged that
or forfeiture of the right of the
the restoration of the person released
the rights to hold by amnesty stands government to execute the final
public office, or before the law sentence, after the lapse of a certain
the right of precisely as though time.
suffrage, unless he had committed no
such rights are offense.
expressly restored
by means of PRESCRIPTIVE PERIODS OF PENALTIES:
pardon.
4. Does not alter 4. Makes an ex-
1. Death and reclusin perpetua 20
the fact that the convict no longer a years
accused is a recidivist, because it 2. Other afflictive penalties 15 years
recidivist as it obliterates the last 3. Correctional penalties 10 years
produces only the vestige of the crime. except for the penalty of arresto
extinction of the mayor which prescribes in 5 years.
personal effects of 4. Light penalties 1 year
the penalty.
5. Does not 5. Does not
extinguish the extinguish the civil ART. 93. COMPUTATION OF THE
civil liability of liability of the PRESCRIPTION OF PENALTIES
the offender offender
6. Being PRIVATE 6. Being a OUTLINE
ACT by the Proclamation of the
President, must be Chief Executive with 1. Period of prescription commences to
pleaded and proved the concurrence of run from the date when the culprit
by the person Congress; is a PUBLIC evaded the service of his sentence.
pardoned ACT of which the 2. It is interrupted when the convict
courts should take a) gives himself up,
judicial notice b) is captured,
c) goes to a foreign country
Prescription of the crime is the with which we have no
forfeiture or loss of the right of the State extradition treaty, or
to prosecute the offender, after the d) commits any crime
lapse of a certain time. before the expiration of the
period of prescription.
PRESCRIPTIVE PERIODS OF CRIMES:
1. Crimes punishable by ELEMENTS
a) Death, reclusin 1. That the penalty is imposed by final
perpetua or reclusin temporal judgment
20 years 2. That the convict evaded the service
b) afflictive penalties 15 of his sentence by escaping during
years the term of his sentence
c) correctional penalties
10 years except those punishable
CHAIRPERSONS
3. The convict who escape from prison Code provision of the

has not given himself up, or been Indeterminate
Sentence Law
captured, or gone to a foreign
2. For violation of the 2. For violation of the
country conditional pardon, terms of the parole,
4. That the penalty has prescribed the convict may be the convict CANNOT
because of the lapse of time from ordered re-arrested or BE PROSECUTED
the date of the evasion of service of re-incarcerated by the UNDER ART. 159 OF
the sentence by the convict. Chief Executive, or THE RPC, he can be
may be PROSECUTED re-arrested and re-
Chapter Two: Partial Extinction of under Art. 159 of the incarcerated to serve
Criminal Liability (Arts. 94-99) Code the unserved portion
of his original penalty.
ART. 94. PARTIAL EXTINCTION OF
CRIMINAL LIABILITY TITLE FIVE: CIVIL LIABILITY
CRIMINAL LIABILITY IS PARTIALLY Chapter One: Persons Civilly Liable for

EXTINGUISHED: Felonies (Arts. 100-103)
1. By CONDITIONAL PARDON; ART. 100. CIVIL LIABILITY OF A
2. By COMMUTATION OF SERVICE PERSON GUILTY OF FELONY
3. For GOOD CONDUCT ALLOWANCES
which the culprit may earn while he A CRIME HAS A DUAL CHARACTER:
is serving sentence; 1. As an offense against the state,
4. By PAROLE because of the disturbance of the
social order; and
a. Parole is the suspension of the
sentence of a convict, after 2. As an offense against the private
serving the minimum term of person injured by the crime, UNLESS
the indeterminate penalty, it involves the crime of treason,
without being granted a pardon, rebellion, espionage, contempt, and
prescribing the terms upon which others wherein no civil liability
the sentence shall be suspended arises on the part of the offender,
either because there are no damages
to be compensated or there is no
b. If the convict fails to observe the private person injured by the crime.
condition of the parole, the
Board of Pardons and Parole is
EFFECT OF ACQUITTAL
authorized to :
Extinction of the penal action does NOT
(1) direct his ARREST AND
carry with it extinction of the civil;
RETURN TO CUSTODY and
UNLESS the extinction proceeds from a
thereafter;
declaration in a final judgment that the
(2) to CARRY OUT HIS SENTENCE
fact from which the civil liability might
WITHOUT REDUCTION of the time
arise did not exist. (See Section 1, Rule
that has elapsed between the date
111 of the 2000 Rules on Criminal
of the parole and the subsequent
Procedure. Civil liability arising from
arrest.
other sources of obligations is not
5. By PROBATION. See Probation Law impliedly instituted with the criminal
page42 action).
Conditional pardon distinguished from EFFECT OF DISMISSAL OF CASE

parole The dismissal of the information or the
CONDITIONAL PAROLE criminal action does NOT affect the right
PARDON of the offended party to institute or
1. May be given at any 1. May be given after continue the civil action already
time after final the prisoner has instituted arising from the offense,
judgment; is granted served the minimum
because such dismissal or extinction of
by the Chief Executive penalty; is granted by
under the provisions the Board of Pardons the penal action does not carry with it
of the Administrative and Parole under the the extinction of the civil action.

Brillante, Jr.
3. That the person criminally liable is

EFFECT OF DEATH OF THE OFFENDER insolvent.
If the offender dies prior to the
institution of the action or prior to the Concurrence of all elements makes
finality of judgment, civil liability ex- the innkeeper, tavernkeeper, or
delicto is extinguished. (DE GUZMAN vs. proprietor civilly liable for the crime
PEOPLE OF THE PHILIPPINES, G.R. No. committed in his establishment.
154579. October 8, 2003)
ELEMENTS UNDER PARAGRAPH 2
In all these cases, civil liability 1. That the guests notified in advance
from sources other than delict are not the innkeeper or the person
extinguished. representing of the deposit of their
goods within the inn or house.
2. The guests followed the directions
of the innkeeper or his
representative with respect to the
ART. 101. RULES REGARDING CIVIL
care of and vigilance over such
LIABILITY IN CERTAIN CASES
goods.
- Civil liability is still imposed in cases
falling under exempting circumstances 3. Such goods of the guests lodging
EXCEPT: therein were taken by robbery with
1. No civil liability in force upon things or theft
paragraph 4 of Art. 12 which committed within the inn or house.
provides for injury caused by
mere accident. ART. 103. SUBSIDIARY CIVIL
2. No civil liability in LIABILITY OF OTHER PERSONS
paragraph 7 of Art. 12 which
provides for failure to perform ELEMENTS
an act required by law when 1. The employer, teacher, person, or
prevented by some lawful or corporation is engaged in any kind of
insuperable cause. industry.
2. Any of their servants, pupils,
- No civil liability is imposed in cases workmen, apprentices, or employees
falling under justifying circumstances commits a felony while in the
EXCEPT: under paragraph 4, where a discharge of his duties.
person does an act, causing damage to 3. The said employee is insolvent and
another, in order to avoid evil or injury, has not satisfied his civil liability.
the person benefited by the prevention
of the evil or injury shall be civilly liable
in proportion to the benefit he received. Chapter Two: What Civil Liability
Includes (Arts. 104-111)
ART. 102. SUBSIDIARY LIABILITY OF ART. 104. WHAT IS INCLUDED IN CIVIL

INNKEEPERS, TAVERNKEEPERS, AND LIABILITY
PROPRIETORS OF ESTABLISHMENTS
RESTITUTION restitution of the thing
ELEMENTS UNDER PARAGRAPH 1 itself must be made whenever possible
1. That the innkeeper, tavernkeeper or even when found in the possession of a
proprietor of establishment or his third person except when acquired by
employee committed a violation of such person in any manner and under the
municipal ordinance or some general requirements which, by law, bar an
or special police regulation. action for its recovery.
2. That the crime is committed in such
inn, tavern or establishment. REPARATION OF DAMAGES reparation
will be ordered by the court if
CHAIRPERSONS
restitution is not possible. The court

shall determine the amount of damage,
taking into consideration the price of the
thing, whenever possible, and its special
sentimental value.
INDEMNIFICATION FOR DAMAGES

includes not only those caused the
injured party, but also, those suffered by
his family or by a third person by reason
of the crime.
- END OF BOOK ONE -

Brillante, Jr.

San Beda Criminal Law MemAid

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San Beda College of Law 1

MEMORY AID IN CRIMINAL LAW

CRIMINAL LAW - that branch or division law of nations defined in Title

CRIMINAL LAW COMMITTEE

3. Eclectic or Mixed Theory ART. 3 FELONIES

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

MEMORY AID IN CRIMINAL LAW

REASON FOR PUNSHING extent.

Mala Prohibita - the class of crimes

CRIMINAL LAW COMMITTEE

PAR. 2 (IMPOSSIBLE CRIME)

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

MEMORY AID IN CRIMINAL LAW

Only principals and accomplices are

CRIMINAL LAW COMMITTEE

penalty of arresto menor or a fine not c) Lack of sufficient provocation on the

ART. 10 OFFENSES NOT SUBJECT UNLAWFUL AGGRESSION

JUSTIFYING CIRCUMSTANCES are those Rights included in self-defense:

MEMORY AID IN CRIMINAL LAW

2. DEFENSE OF RELATIVES REQUISITES:

RELATIVES THAT CAN BE DEFENDED: 6. OBEDIENCE TO AN ORDER ISSUED

REQUISITES: Subordinate is not liable for carrying

CRIMINAL LAW COMMITTEE

of its illegality and he is not exempt in all cases from criminal

ART. 12. EXEMPTING TWO TESTS OF INSANITY:

1. IMBECILITY OR INSANITY Must have acted without

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

MEMORY AID IN CRIMINAL LAW

a) The manner the crime was

4. ACCIDENT WITHOUT FAULT OR 7. INSUPERABLE CAUSE.

CRIMINAL LAW COMMITTEE

ABSOLUTORY CAUSES - are those where mitigating circumstances arising

But in the case of incomplete self-

MITIGATING CIRCUMSTANCES those 2. UNDER 18, OR OVER 70 YEARS OLD

MEMORY AID IN CRIMINAL LAW

Rule for the application: PROVOCATION VINDICATION

CRIMINAL LAW COMMITTEE

PASSION/ PROVOCATION When the offender is deaf and

7. SURRENDER AND CONFESSION OF 9. ILLNESS OF THE OFFENDER

MEMORY AID IN CRIMINAL LAW

EXAMPLES: 2. Specific those which apply only to

BASIS: 3. Qualifying those that change the

CRIMINAL LAW COMMITTEE

c) Error in personae (Art. 49); 3. Aggravating circumstances which

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

MEMORY AID IN CRIMINAL LAW

CRIMINAL LAW COMMITTEE

It is not necessary that the accused 2. When robbery is committed by the

Par. 4. That the act be committed

MEMORY AID IN CRIMINAL LAW

(2) obvious ungratefulness.

PAR. 5. Where PAR. 2. Contempt

REQUISITES OF OBVIOUS Par. 6. That the crime be committed

CRIMINAL LAW COMMITTEE

Nighttime (obscuridad) that period of malefactors shall have acted together in

Uninhabited place (despoblado) one Par. 8 That the crime be committed

What actually determines whether REQUISITES:

Band (en cuadrilla) whenever more

MEMORY AID IN CRIMINAL LAW

This aggravating circumstance 2. That he was previously convicted by

CRIMINAL LAW COMMITTEE

Recidivism must be taken into

MEMORY AID IN CRIMINAL LAW