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SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW

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MEMORY AID IN Revised Penal Code.
CRIMINAL LAW 3. PROSPECTIVE, in that a penal law

cannot make an act punishable in a manner
BOOK ONE in which it was not punishable when
committed. As provided in Article 366 of the
Revised penal Code, crimes are punished
CRIMINAL LAW The branch or under the laws in force at the time of their
division of law which defines crimes, treats commission.
of their nature and provides for the
punishment. EXCEPTION:
a. When a new statute dealing with the
crime established conditions more
LIMITATIONS ON THE POWER OF lenient or favorable to the accused, it
CONGRESS TO ENACT PENAL LAWS can be given a retroactive effect.
1. must not violate the equal protection
BUT THIS EXCEPTION HAS NO
clause of the Constitution.
APPLICATION WHEN:
2. must not partake the nature of an ex
a. the new law is expressly made
post facto law.
inapplicable to pending actions or
3. must not partake of the nature of a bill existing causes of
of attainder. actions.
4. must not impose cruel and unusual b. the offender is a habitual criminal.
punishment nor excessive fines.
EFFECTS OF REPEAL OF PENAL LAW
CHARACTERISTICS OF CRIMINAL 1. If the repeal makes the penalty lighter in
LAW the new law, the new law shall be applied.
1. GENERAL, in that criminal law is Except when the offender is a habitual
binding on all persons who live or sojourn in delinquent, or when the new law is made
Philippine territory (Art. 14, New Civil inapplicable to pending actions or existing
Code.). causes of action.
EXCEPTIONS: 2. If the new law imposes a heavier
a. Those who are exempted by treaty penalty, the law in force at the time of the
stipulations. commission of the offense shall be applied.
b. Those who are exempted by laws of 3. If the new law totally repeals the existing
preferential application law so that the act which was penalized
c. Those who are exempted by virtue of under the old law is no longer punishable,
the principles of public internal law (such the crime is obliterated.
as sovereigns and other chiefs of state,
ambassadors, ministers plenipotentiary,
ministers resident, and their charges ART. I. TIME WHEN THE ACT TAKES
daffaires. But consuls, vice-consuls EFFECT.
and other commercial representatives of
foreign nations do not possess the
status of, and cannot claim the same TWO SCHOOLS OF THOUGHT IN
privileges and immunities accorded to CRIMINAL LAW
ambassadors and ministers (Wheaton, 1. Classical - the basis of criminal liability
International Law). is human free will, and the purpose of the
penalty is retribution.
2. TERRITORIAL, in that criminal laws of 2. Positivists- man is subdued by a strange
the Philippines, as a rule, are enforceable and morbid phenomenon which constrains
only within its territory. him to do wrong, in spite of or contrary to his
EXCEPTION: own volition; crimes are penalized distinctly
a. Those provided under Art. 2 of the in each particular case.
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CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp;
Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard
Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette
Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ
Adriano, Tonton Tabaquin.
cause an injury to another.

REQUISITES OF DOLO OR MALICE:
ART. 2. APPLICATION OF ITS 1. FREEDOM;
PROVISIONS 2. INTELLIGENCE;
3. INTENT while doing the act or omitting
This article is an exception to the principle of to do the act. Criminal intent is
Generality of penal laws. presumed from the commission of an
unlawful act.
VESSELS
1. A Philippine vessel or aircraft must be 2. Culpable felonies- the act or omission
understood as that which is registered in the of the offender is not malicious. The injury
Philippine Bureau of Customs. caused by the offender to another person is
2. Disorders which disturb only the peace unintentional, it being simply the incident
of the ship or those on board are to be dealt of another act performed without malice.
with exclusively by the sovereignty of the REQUISITES OF CULPA:
home of the ship, but those which disturb Criminal intent is replaced by negligence
the public peace may be suppressed, and, if and imprudence in felonies committed by
need be, the offenders punished by the means of culpa. Such negligence or
proper authorities of the local jurisdiction. indifference to duty or to consequence is, in
3. In case vessels are in the ports or law, equivalent to criminal intent. Hence, it
territorial waters of a foreign country, a is still consistent with the rule that: a crime
distinction must be made between the is not committed, if the mind of the person
merchant ships and warships. The former performing the act complained of be
are more or less subjected to the territorial innocent.
laws. Warships are always reputed to be REASON FOR PUNISHING ACTS OF
the territory of the country to which they NEGLIGENCE:
belong and cannot be subjected to the laws A man must use common sense, and
of another state. exercise due reflection in all his acts; it is
his duty to be cautious, careful and
prudent, if not from instinct, then through
fear of incurring punishment.
ART. 3. FELONIES
GENERAL ELEMENTS OF FELONIES: 3. Mala Prohibita- this is the third class of

crimes specifically punishable by SPECIAL
1. That there must be an act or omission. LAWS, and where criminal intent (or
But only external acts are punishable, criminal negligence) is not, as a rule,
internal acts are beyond the sphere of penal necessary--- it being sufficient that the
laws. offender has the intent to perpetrate the act
2. That the act or omission must be prohibited by the special law.
punishable by the Revised Penal Code; the When the doing of an act is prohibited
reason being, nullum crimen, nulla poena by a special law, the act is injurious to
sine lege- there is no crime when there is public welfare and the doing of the
no law punishing it. prohibited act is the crime itself. The
3. That the act is performed or the act alone, irrespective of its motives,
omission incurred by means of dolo or constitutes the offense, and so good
culpa. faith is not a defense.
However, when the act penalized under
CLASSIFICATION OF FELONIES the Special Law is inherently wrong,
ACCORDING TO THE MEANS BY WHICH good faith and lack of criminal intent
THEY ARE COMMITTED are valid defenses.
1. Intentional felonies- the act is
performed with deliberate intent or malice. MALA IN SE AND MALA PROHIBITA
The offender, in performing the act or in 1. Malum in Se (bad per se) violation of
incurring the omission, has the intention to the RPC
2
2. Malum Prohibitum violation of special Malum in se Malum

penal laws prohibitum
1. Where there 1. The degree
DISTINCTIONS are more than one of participation of
(CODE: G-CAMP) offender, the degree any offender is
Malum in se Malum of PARTICIPATION NOT considered.
prohibitum of each in the All those who
1. Criminal liability 1. The moral commission of the perpetrated the
is based on the trait of the crime is taken into prohibited act are
MORAL TRAIT of offender is NOT account in imposing penalized to the
the offender, that is considered, it is the penalty. Thus same extent.
why liability would enough that the offenders are There is no
only arise when prohibited act be classified principals, principal or
there is dolo or voluntarily done. accomplices and accomplice or
culpa in the accessories. accessory to
commission of the consider.
punishable act.
1. GOOD FAITH 1. Good faith is

or lack of criminal NOT a defense.
DISTINCTIONS
intent is a valid
defense, unless the INTENT MOTIVE
crime is the result of 1. purpose to use 1. moving power
culpa. particular means to which impels one to
effect such result act
1. The degree of 1. The act gives 2. element of the crime, 2. NOT an element of
ACCOMPLISHMEN rise to a crime except in malum the crime
T of the crime is only when it is prohibita
taken into account consummated. 3. essential in 3. essential only
in punishing the There are NO intentional felonies when the identity of
offender. Thus, attempted or the perpetrator is in
there are frustrated stages. doubt
attempted,
frustrated and
consummated ART. 4. CRIMINAL LIABILITY
stages in the
commission of the One who commits an intentional felony is
crime. responsible for all the consequences which may
naturally and logically result therefrom, whether
1. Penalty may 1. Mitigating foreseen, intended or not.
vary depending on and aggravating
the presence or circumstances REQUISITES FOR CRIMINAL LIABILITY FOR
absence of are NOT taken A FELONY, DIFFERENT FROM THAT
CIRCUMSTANCES. into account in INTENDED TO BE COMMITTED (ART. 4,
imposing the PAR.1):
penalty. 1. That an Intentional felony has been
committed; and
2. That the wrong done to the aggrieved
party be the direct, natural and logical
consequence of the felony committed by the
offender (Proximate cause).
PROXIMATE CAUSE -the cause, which, in
natural and continuous sequence, unbroken by
any efficient intervening cause, produces the
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injury, and without which the result would not STAGES OF OFFENSES
have occurred. 1. CONSUMMATED FELONY - A felony is
consummated when all the elements
One is NOT relieved from criminal liability for necessary for its execution and
the natural consequences of ones illegal acts accomplishment are present.
merely because one does not intend to produce
such consequences, as long as the felony Every crime has its own elements, which
committed was the proximate cause. must all be present to constitute a culpable
violation of a precept of law.
CAUSES WHICH MAY PRODUCE A
RESULT DIFFERENT FROM THAT 2. FRUSTRATED FELONY - It is frustrated
INTENDED when the offender performs all the acts of
1. Error in personae- mistake in the identity execution which would produce the felony
of the victim as a consequence, but which nevertheless
2. Aberratio ictus- mistake in the blow do not produce it, by reason of causes
independent of the will of the perpetrator.
3. Praeter intentionem- the injurious result
is different from that intended
ELEMENTS:
(CODE: APNI)
MISTAKE OF FACT AS A DEFENSE
REQUISITES: 1. The offender performs all the acts of
execution
1. the act done would have been lawful 2. All the acts performed would produce
had the facts been as accused believed the felony as a consequence
them to be 3. But the felony is not produced
2. the intention of the accused in doing the 4. By reason of causes independent of
act was lawful the will of the perpetrator
3. the mistake was without fault or
carelessness on the part of the accused The belief of the accused is NOT
considered. What should be considered
REQUISITES FOR AN IMPOSSIBLE CRIME is whether all the acts of execution
(ART. 4, PAR. 2): performed by the offender would
1. That the act performed would be an produce the felony as a consequence.
offense against persons or property
2. That the act was done with evil intent 3. ATTEMPTED FELONY - There is an
attempt when the offender commences the
3. That its accomplishment is inherently commission of a felony directly by overt
impossible, OR that the means employed is acts, and does not perform all the acts of
either inadequate or ineffectual. execution which should produce the felony,
4. That the act performed should not by reason of some cause or accident other
constitute a violation of another provision of than his own spontaneous desistance.
the Revised Penal Code.
ELEMENTS:
The purpose of the law in punishing (Code1: C-A-OA)
impossible crime is to teach the offender a 1. The offender commences the
lesson for his criminal perversity. commission of the felony directly by
overt acts
There is no such thing as an attempted or
2. He does not perform all the acts of
frustrated impossible crime.
execution which should produce the
felony
ART. 6. CONSUMMATED, 3. The offenders act be not stopped by
his own spontaneous desistance;
FRUSTRATED,
4. The non-performance of all acts of
AND ATTEMPTED FELONIES
1 A dash (-) before a letter means NOT.
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execution was due to cause or

accident other than his own ART. 7. LIGHT FELONIES
spontaneous desistance.
General rule: Light felonies are punishable
OVERT ACTS: Some physical activity or only when they have been consummated.
deed, indicating intention to commit a Exception: If committed against persons or
particular crime, more than a mere planning property, punishable even if attempted or
or preparation, which if carried to its frustrated.
complete termination following its natural
course, without being frustrated by external
obstacles, nor by voluntary desistance of the ART. 8. CONSPIRACY AND
perpetrator will logically ripen into a concrete
offense. PROPOSAL TO COMMIT FELONY
REQUISITES OF CONSPIRACY:
1. That two or more persons came to an
INDETERMINATE OFFENSE : One where agreement;
the purpose of the offender in performing an 2. That the agreement pertains to the
act is not certain. commission of a felony; and
3. That the execution of the felony be
Only offenders who personally executed decided upon.
the commission of a crime can be guilty
of attempted felony. But one who takes REQUISITES OF PROPOSAL:
part only in the planning of a criminal 1. That a person has decided to commit a
act, but desists in its actual commission, felony; and
is as a rule exempt from criminal liability.
2. That he proposes its execution to
some other person or persons.
TWO STAGES IN THE DEVELOPMENT OF A
CRIME: TWO ASPECTS OF CONSPIRACY OR
1. Internal acts, such as mere ideas in
PROPOSAL TO COMMIT FELONY:
the mind of a person, are not punishable 1. As a manner of incurring criminal liability
even if they would constitute a crime, had (general rule)
they been carried out. 2. As a separate punishable offense
2. External acts cover a) preparatory acts (exception)
and b) acts of execution.
a. Preparatory acts are ordinarily not RULES ON CONSPIRACY OR PROPOSAL
punishable. But preparatory acts, TO COMMIT A FELONY:
considered by law as independent a. GENERAL RULE: Mere conspiracy and
crimes, are punishable. An example is proposal to commit a felony are not
the possession of picklocks under Art. punishable. Reason for the rule: conspiracy
304, RPC, which is a preparatory act to and proposal to commit a crime are only
the commission of robbery. preparatory acts.
b. Acts of execution are punishable under b. Exception: They are punishable in cases
the Revised Penal Code. in which the law specially provides a penalty
therefor.
FACTORS TO CONSIDER IN DETERMINING c. And when conspiracy is itself a crime,
WHETHER THE FELONY IS ATTEMPTED, no overt act is necessary to bring about
FRUSTRATED OR CONSUMMATED: criminal liability.
1. Nature of the offense d. But when conspiracy is only a basis for
2. Elements constituting the felony incurring criminal liability, there must be an
3. Manner of committing the felony overt act before the co-conspirators become
criminally liable. In which case, the rule is
that: the act of one is the act of all.
Exception: If any of the co-conspirators
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would commit a crime not agreed upon, the REQUISITES:

same is NOT the act of all. 1. unlawful aggression;
Exception to the exception: But in acts 2. reasonable necessity of the means
constituting a single indivisible offense, all employed to prevent or repel it; and
will be liable for a crime committed by one
co-conspirator, even though he performed
3. lack of sufficient provocation on the part
different acts from that agreed upon in of the person defending himself
bringing about the composite crime. The
others may only evade responsibility for any Unlawful aggression is equivalent to
other crime outside of that agreed upon, if it assault or at least threatened assault of an
is proved that the particular conspirator had immediate and imminent kind.
tried to prevent the commission of such
other act. NOT considered unlawful aggression:
a. Insulting words addressed to the
accused, no matter how objectionable they
ART. 9. CLASSIFICATION OF may have been, without physical assault,
FELONIES could NOT constitute unlawful aggression.
ACCORDING TO GRAVITY b. A mere threatening or intimidating
attitude, not preceded by an outward and
IMPORTANCE OF THE CLASSIFICATION: material aggression, is NOT unlawful
aggression, because is it required that the
a. To determine whether these felonies can
act be offensive and positively strong,
be complexed or not; showing the wrongful intent of the aggressor
b. To determine the prescription of the to cause an injury.
crime and the prescription of the penalty.
Necessity must be both on the means
employed and the action taken.
ART. 10. OFFENSES NOT SUBJECT Reasonableness of the means
TO THE PROVISIONS OF THE RPC employed depends upon the nature and
quality of the (1) weapon used by the
The provisions of the RPC on penalties aggressor, and (2) his physical condition,
cannot be applied to offenses punishable character, size and other circumstances, (3)
under special laws. and those of the person defending himself,
(4) and also the place and occasion of the
assault.
ART. 11. JUSTIFYING

CIRCUMSTANCES
DEFINITIONS:
1. Justifying circumstances are those
where the act of a person is said to be in
accordance with law, so that such person is
deemed not to have transgressed the law
and is free from both criminal and civil
liability. There is no civil liability, except in
par. 4 of Art. 11, where the civil liability is
borne by the persons benefited by the act.
2. Confession and avoidance the
accused admits the offense charged but
invokes justifying or exempting
circumstances to evade the penalty.
1. SELF-DEFENSE
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Test of reasonable necessity: What 5. Relatives by consanguinity within

the law requires is rational equivalence, in the fourth civil degree
consideration of which will enter as principal That fact that the relative defended gave
factors the following: (1) the emergency and provocation is immaterial.
imminent danger to which the person
attacked is exposed, and (2) the instinct, 3. DEFENSE OF STRANGER
more than reason, that moves or impels the WHO ARE DEEMED STRANGERS?
defense. Proportionateness rests upon the Any person not included in the enumeration of
imminent danger and not upon the harm relatives mentioned in paragraph 2 of this article,
done. is considered stranger for the purpose of
paragraph 3. Hence, even a close friend or a
NOT required for reasonable necessity: distant relative is a stranger within the meaning
Perfect equality between the weapons of paragraph 3.
used by the one defending himself and that
of the aggressor is not required, nor 4. AVOIDANCE OF GREATER EVIL
material commensurability between the
OR INJURY
means of attack and defense. Reason: This
is because the person assaulted does not The greater evil must not be brought
have sufficient tranquility of mind to think about by the negligence or imprudence of
and to calculate. the actor.
Reason why penal law makes self- Civil liability referred to in a state of
defense lawful: necessity is based not on the act committed,
It would be quite impossible for the State in but on the benefit derived from the state of
all cases to prevent aggression upon its necessity.
citizens (and even foreigners) and offer a.So the accused will not be civilly liable if
protection to the person justly attacked. On he did not receive any benefit from the
the other hand, it cannot be conceived that a state of necessity.
person should succumb to an unlawful b.On the other hand, persons who did not
aggression without offering any resistance. participate in the damage or injury would
be pro tanto civilly liable if they derived
Rights included in self-defense: benefit out of the state of necessity.
Self-defense includes not only the defense
of the person or body of the one assaulted 5. FULFILLMENT OF DUTY; OR
but also that of his rights, the enjoyment of LAWFUL EXERCISE OF RIGHT OR
which is protected by law. OFFICE
1.Includes the right to honor. Hence, a slap REQUISITES:
on the face is considered as unlawful 1. That the accused acted in the
aggression directed against the honor of performance of a duty or in the lawful
the actor, exercise of a right or office;
2.Includes defense of property rights, only if 2. That the injury caused or the offense
there is also an actual and imminent committed be the necessary
danger on the person of the one consequence of the due performance of
defending. duty or the lawful exercise of such right or
office.
2. DEFENSE OF RELATIVES
RELATIVES THAT CAN BE DEFENDED: 6. OBEDIENCE TO AN ORDER
(CODE: SADB4)
ISSUED FOR SOME LAWFUL
1. Spouse
PURPOSE
2. Ascendants REQUISITES:
3. Descendants 1. That an order has been issued by a
4. Legitimate, natural or adopted brothers superior
and sisters, or relatives by affinity in the 2. That such order must be for some
same degrees.
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lawful purpose 1. Since there is 1. Since there is

3. That the means used by the no crime, nor a a crime
subordinate to carry out said order is lawful criminal, there is committed
also no liability, though there is
Both the person who gives the order criminal nor civil. no criminal,
and the person who executes it must be there is civil
acting within the limitations prescribed by liability.
law.
1. IMBECILITY OR INSANITY
ART. 12. EXEMPTING 1. Insanity or imbecility exists when
CIRCUMSTANCES there is a complete deprivation of
intelligence in committing the act, that is, the
DEFINITION: accused is (1) deprived of reason, he acts
1. Exempting circumstances (or the without the least discernment, or that (2)
circumstances for non-imputability) are there is a total deprivation of freedom of the
those grounds for exemption from will. An imbecile is exempt in all cases from
punishment, because there is wanting in the criminal liability.
agent of the crime any of the conditions 2. But an insane person is not so exempt if
which makes the act voluntary, or negligent. it can be shown that he acted during a lucid
interval.
3. Also, when the accused was sane at the
time of the commission of the crime, but
BASIS: he becomes insane at the time of the trial,
The exemption from punishment is based on the he is criminally liable. The trial, however,
complete absence of intelligence, freedom of will be suspended until the mental capacity
action, or intent, or on the absence of of the accused is restored, in order to afford
negligence on the part of the accused. him a fair trial.
DISTINCTIONS 2 TESTS OF INSANITY:

(CODE: AL-C-L) 1. Test of COGNITION complete
JUSTIFYING EXEMPTING deprivation of intelligence in committing
CIRCUMSTANCE CIRCUMSTANCE the crime.
1. It affects the 1. It affects the 2. Test of VOLITION total deprivation of
act not the actor. actor not the act. freedom of will.
1. The act is 1. The act
considered to have complained of is
been done within actually 2. PERSON UNDER NINE YEARS OF
the bounds of law; wrongful, but the AGE
hence, legitimate actor is not
and lawful in the liable. An infant under the age of nine years is
eyes of the law. absolutely and conclusively presumed to be
incapable of committing a crime.
1. Since the act is 1. Since the act
considered lawful, complained of is
3. PERSON OVER NINE YEARS OF
there is no crime. actually wrong, AGE AND UNDER FIFTEEN, ACTING
there is a crime; WITHOUT DISCERNMENT
but the since 1. Discernment means mental capacity
actor acted (i.e. of a minor) to fully appreciate the
without consequences of an unlawful act.
voluntariness, 2. Discernment may be shown by (1) the
there is no dolo manner the crime was committed, or (2) the
nor culpa. conduct of the offender after its commission
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4. A PERSON WHO WHILE DISTINGUISHED FROM

PERFORMING A LAWFUL ACT WITH IRRESISTIBLE FORCE:
DUE CARE, CAUSES INJURY, BY In irresistible force (par. 5), the offender
MERE ACCIDENT WITHOUT FAULT uses violence or physical force to compel
another person to commit a crime; in
OR INTENTION OF CAUSING IT
uncontrollable fear (par. 6), the offender
1. Accident is something that happens employs intimidation or threat in compelling
outside the sway of our will, and although it another to commit a crime.
comes about through some act of our will,
lies beyond the bounds of humanly
7. A PERSON WHO FAILS TO
foreseeable consequences.
PERFORM AN ACT REQUIRED BY
2. An accident presupposes lack of
LAW, WHEN PREVENTED BY SOME
intention to commit the wrong done.
LAWFUL OR INSUPERABLE CAUSE.
ELEMENTS:
5. A PERSON WHO ACTS UNDER
THE 1. That an act is required by law to be
done
COMPULSION OF AN IRRESISTIBLE
FORCE 2. That a person fails to perform such act
ELEMENTS: 3. That his failure to perform such act was
due to some lawful or insuperable cause.
1. That the compulsion is by means of
physical force.
2. That the physical force must be
irresistible.
ABSOLUTORY CAUSES
3. That the physical force must come from
DEFINITION:
Absolutory causes are those where the
a third person.
act committed is a crime but for reasons of
public policy and sentiment there is no
The irresistible force must never consist penalty imposed.
in an impulse or passion, or obfuscation. It
must consist of an extraneous force coming
from a third person.
Instigation is an absolutory cause.
REASON: An instigator practically induces
the would-be accused into the commission
6. A PERSON WHO ACTS UNDER of the offense, and himself becomes a co-
THE IMPULSE OF principal. Sound public policy requires that
UNCONTROLLABLE FEAR OF AN the courts condemn this practice by directing
EQUAL OR GREATER INJURY the acquittal of the accused.
ELEMENTS:
1. That the threat which causes the fear is
of an evil greater than, or at least equal to, ART. 13. MITIGATING
that which he is required to commit; CIRCUMSTANCES
2. That it promises an evil of such gravity
and imminence that the ordinary man would DEFINITION:
have succumbed to it. 1. Mitigating circumstances are those
which, if present in the commission of the
Duress as a valid defense should be crime, do not entirely free the actor from
based on real, imminent, or reasonable fear criminal liability, but serve only to reduce the
for ones life or limb and should not be penalty.
speculative, fanciful, or remote fear.
BASIS:
Hence, duress is unavailing where the Mitigating circumstances are based on the
accused had every opportunity to run away diminution of either freedom of action,
if he had wanted to, or to resist any possible intelligence, or intent, or on the lesser perversity
aggression because was also armed. of the offender.
9
of stranger, unlawful aggression must be

present, it being an indispensable requisite.
CLASSES OF MITIGATING
CIRCUMSTANCES PARAGRAPH 2: UNDER 18, OR OVER 70
1. Ordinary mitigating those YEARS OLD
enumerated in subsections 1 to 10 of Article LEGAL EFFECTS OF VARIOUS AGES OF
13, RPC. Those mentioned in subsection 1 OFFENDER:
of Art. 13 are ordinary mitigating 1. Under 9 years of age, an exempting
circumstances, if Art. 69, for instance, is not circumstance (Art. 12, par. 2);
applicable. 2. Over 9 and under 15 years of age,
2. Privileged mitigating see Arts. 68, acting without discernment is also an
69 and 64 of the RPC. exempting circumstance, (Art. 12, par. 3;
see Art. 68, par. 1);
DISTINCTIONS 3. Minor delinquent (under 18 years of
(CODE: OM) age), the sentence may be suspended
ORDINARY PRIVILEGED (Art. 192, PD 603, as amended by PD
MITIGATING MITIGATING 1179);
CIRCUM- CIRCUM- 4. Under 18 years of age, privileged
STANCE STANCE mitigating circumstance (Art. 68);
5. 18 years or over, full criminal
As to the nature 1. It can be 1. It can responsibility;
of the offset by NEVER be 6. 70 years or over, mitigating
consequences an offset by circumstance (Art. 13, par. 2), no imposition
aggravatin any of death penalty (Art. 47, par. 1),
g aggravatin execution of death sentence if already
circumstanc g imposed is suspended and commuted (Art.
e. circumstanc 83).
e.
PARAGRAPH 3: NO INTENTION TO
As to the effect 1. If not 1. It COMMIT SO GRAVE A WRONG
offset, it operates to
1. If the offender had no intention to
will operate reduce the
commit so grave a wrong as that committed,
to reduce penalty by
he is entitled to a mitigating circumstance.
the penalty one to two
DEGREES This can be taken into account only when
to the
depending the facts proven show that there is a notable
minimum
upon what and evident disproportion between the
period,
the law means employed to execute the criminal act
provided
provides. and its consequences.
the penalty
is a 2. This paragraph is not applicable to
divisible culpable felonies.
one.
PARAGRAPH 4: PROVOCATION OR
THREAT
DEFINITION:
PARAGRAPH 1: INCOMPLETE Provocation is understood as any unjust or
JUSTIFYING OR EXEMPTING improper conduct or act of the offended party,
CIRCUMSTANCE capable of exciting, inciting, or irritating any one.
1. Applies, when all the requisites REQUISITES:
necessary to justify the act are not (Code: soi)
attendant.
1. That the provocation must be
2. But in the case of incomplete self- sufficient.
defense, defense of relatives, and defense
2. That it must originate from the offended
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party. 1. It is necessary 1. The

3. That the provocation must be that the vindication of
immediate to the commission of the crime provocation or the grave
by the person who is provoked. threat offense may
immediately be proximate,
The threat should not be offensive and preceded the act, which admits
positively strong. Otherwise, the threat to i.e., that there be of an
inflict real injury is an unlawful aggression, no interval of time INTERVAL of
which may give rise to self- defense. between the time between
provocation and the grave
PARAGRAPH 5: VINDICATION OF GRAVE the commission of offense done
OFFENSE the crime. by the
REQUISITES: offended party
and the
1. That there be a grave offense done to
commission of
the one committing the felony (offender), his the crime by
spouse, ascendants, descendants, the accused.
legitimate, natural or adopted brothers or
sisters, or relatives by affinity within the
same degrees;
PARAGRAPH 6: PASSION OR
2. That the felony is committed in
OBFUSCATION
vindication of such grave offense.
REQUISITES:
Immediate vindication means proximate.
1. The accused acted upon an impulse.
Hence, a lapse of time is allowed between 2. The impulse must be so powerful that it
the vindication and the doing of the grave naturally produced passion or obfuscation
offense. in him.
DISTINCTIONS REASON: When there are causes

(CODE: D-GI) naturally producing in a person powerful
excitement, he loses his reason and self-
PROVOCATION VINDICATION
control, thereby diminishing the exercise of
his will power.
1. It is made 1. The grave
directly only to offense may EXCEPTIONS: But even when there is actually
the person be committed passion or obfuscation on the part of the
committing the also against offender, there is no mitigating circumstance if:
felony. the offenders (a) The act is committed in a spirit of
relatives lawlessness; or (b) The act is committed in a
mentioned by spirit of revenge.
law.
1. The cause that 1. The offended PARAGRAPH 7: SURRENDER AND
brought about party must have CONFESSION OF GUILT
the provocation done a grave TWO MITIGATING CIRCUMSTANCES ARE
need not be a offense to the PROVIDED IN THIS PARAGRAPH:
grave offense. offender or his
1. Voluntary surrender to a person in
relatives
authority or his agents.
mentioned by
law. 2. Voluntary confession of guilt before the
court, prior to the presentation of evidence
for the prosecution.
11
REQUISITES OF VOLUNTARY SURRENDER: analogous to those mentioned in

(Code: -ASV) paragraphs 1 to 9 of Article 13.
1. That the offender had not been
actually arrested
2. That the offender surrendered himself ART. 14 AGGRAVATING
to a person in authority or to the latters CIRCUMSTANCES
agent
3. That the surrender was voluntary. DEFINITION:
Meaning, for voluntary surrender to be 1. Aggravating circumstances are
appreciated, the same must be those which, if attendant in the commission
spontaneous in such a manner that it shows of the crime, serve to increase the penalty
the interest of the accused to surrender without, however, exceeding the maximum
unconditionally to the authorities. of the penalty provided by law for the
offense.
REQUISITES OF VOLUNTARY PLEA OF
GUILTY: BASIS:
(CODE: SCP) They are based on the greater perversity of the
1. That the offender spontaneously offender manifested in the commission of the
confessed his guilt; felony, as shown by (1) the motivating power
2. That the confession of guilt was made in itself, (2) the place of commission, (3) the means
open court, that is, before the competent and ways employed, (4) the time, or (5) the
court that is to try the case; and personal circumstances of the offender, or of the
offended party.
3. That the confession of guilt was made
prior to the presentation of evidence for the
FOUR KINDS OF AGGRAVATING
prosecution. Meaning, plea of guilty in the
RTC in a case appealed from the Municipal
CIRCUMSTANCES
Court is not mitigating, because the plea of 1. GENERIC those that can generally
guilty must be made at the first opportunity apply to all crimes
(in this case, the Municipal Court). USUALLY: dwelling; nighttime;
recidivism
PARAGRAPH 8: PHYSICAL DEFECT OF ENUMERATED:
THE OFFENDER (1)Advantage taken of public position
DEFINITION: Physical defect referred (2)Contempt or insult to public authorities
to in this paragraph is such as being (3)Commission in the dwelling of the
armless, cripple, or a stutterer, whereby his offended party
means to act, to defend himself, or to
(4)Abuse of confidence; or obvious
communicate with his fellow human beings,
ungratefulness
is limited.
(5)Places of commission
PARAGRAPH 9: ILLNESS OF THE (6)Nighttime; uninhabited place; or band
OFFENDER (7)Recidivism
REQUISITES: (8)Reiteracion
1. That the illness of the offender (9)Craft, fraud, or disguise
diminishes the exercise of his will power. (10)Unlawful entry
2. That such illness should not deprive the (11)By breaking wall, etc.
offender of consciousness of his acts. (12)Aid of a minor (under 15 years)
PARAGRAPH 10: SIMILAR AND 2. SPECIFIC-- those that apply only to

particular crimes.
ANALOGOUS CIRCUMSTANCES
USUALLY: ignominy in crimes against
This paragraph authorizes the court to
chastity; or cruelty and treachery in crimes
consider in favor of the accused any other against persons
circumstance of a similar nature and
12
ENUMERATED: 1. It must be 1. Must also be

(1)disregard of rank, age, or sex of offended alleged in the alleged in the
party information, information.
(2)superior strength; or means to weaken otherwise it is a (2000 Criminal
the defense generic aggravating Proc)
circumstance only.
(3)treachery
(4)ignominy
(5)cruelty
MODIFICATIONS IN THE APPLICATION
3. QUALIFYING those that change the OF SOME AGGRAVATING
nature of the crime. CIRCUMSTANCES (Acs)
EXAMPLES: Alevosia (treachery), or (CODE: No Personal Knowledge)
evident premeditation qualifies the killing of
a person to murder
1. ACs WHICH DO NOT HAVE THE
EFFECT OF INCREASING THE PENALTY.
Hence, (a) those which in themselves,
4. INHERENT those that must, of constitute a crime specially punishable by
necessity, accompany the commission of the law, and (b) those which are included by
crime. the law in defining a crime and prescribing
EXAMPLE: Evident premeditation is the penalty therefor, shall NOT be taken into
inherent in robbery, theft, estafa, adultery, or account for the purpose of increasing the
concubinage penalty (Art. 62, par. 1).
2. ACs WHICH ARE PERSONAL TO THE
OFFENDERS. Hence, those which arise: a)
from the moral attributes of the offender,
DISTINCTIONS or b) from his private relations with the
(CODE: N-OA) offended party, or c) from any other
QUALIFYING GENERIC personal cause, shall only serve to
AGGRAVATING AGGRAVATING aggravate the liability of the principals,
CIRCUMSTANCE CIRCUMSTANCE accomplices, and accessories as to whom
such circumstances are ATTENDANT (Art.
1. It does not only 1. Its effect is to 62, par. 3).
give the crime its increase the 3. ACs WHICH DEPEND FOR THEIR
proper and penalty, which APPLICATION UPON THE KNOWLEDGE
exclusive name, should be OF THE OFFENDERS. Hence, those which
but also places the imposed upon consist 1) in the material execution of the
author thereof in the accused act, or 2) in the means employed to
such a situation as without accomplish it, shall serve to aggravate the
to deserve no other exceeding the liability of those persons only who had
penalty than that limit prescribed KNOWLEDGE of them at the time of the
specially prescribed by law. execution of the act or their cooperation
by law for said therein (Art. 62, par. 4).
crime.
1. It cannot be 2. It may be
offset by a an compensated PARAGRAPH 1: ADVANTAGE TAKEN OF
ordinary mitigating by a mitigating PUBLIC POSITION (cannot be offset by
circumstance. circumstance. any mitigating circumstance)
1. ESSENCE: The public officer must use
the influence, prestige, or ascendancy,
which his office gives him, as the means by
which he realizes his purpose. The essence
of the matter is presented in the inquiry, Did
the accused abuse his office in order to
commit the crime?
13
2. NOT APPLIED: The circumstance, considered a public authority or a person in

taking advantage of public position cannot authority, for he is vested with jurisdiction or
be taken into consideration in offenses authority to maintain peace and order and is
where taking advantage of official position is specifically duty bound to prosecute and to
made by law an integral element of the apprehend violators of the laws and
crime, such as in MALVERSATION under municipal ordinances, more than the
Art. 217, or in FALSIFICATION OF aforementioned officials who cannot
DOCUMENT COMMITTED BY PUBLIC prosecute, and who are not even enjoined to
OFFICERS UNDER ART. 171. Also, this arrest malefactors, although they are
circumstance is inherent in the case of specifically mentioned as persons in
ACCESSORIES UNDER ART. 19, PAR. 3, authority by the decided cases and by Art.
and in CRIMES COMMITTED BY PUBLIC 152 of the RPC as amended.
OFFICERS (FOUND IN ARTS. 204-245).
PARAGRAPH 3: DISREGARD OF RANK,
PARAGRAPH 2: CONTEMPT OR INSULT AGE, OR SEX OF OFFENDED PARTY; OR
TO PUBLIC AUTHORITIES COMMISSION IN THE DWELLING OF
REQUISITES: THE OFFENDED PARTY
1. That the public authority is engaged in If all the four circumstances enumerated
the exercise of his functions. in this paragraph are present, they have the
2. That he who is thus engaged in the weight of only one aggravating circumstance
exercise of said functions is NOT the person only.
against whom the crime is committed.
3. The offender knows him to be a public A. That the act be committed with
authority. insult or in disregard of the respect
4. His presence has not prevented the due the offended party on account
offender from committing the criminal act. of the
DEFINITIONS:
If the crime is committed against a a. rank of the offended party. There must
public authority while he is in the be a difference in the social condition of the
performance of his official duty, the offender offender and the offended party.
commits direct assault (Art. 148). b. age of the offended party. Applies to
cases where the victim is of tender age as
Knowledge that a public authority is well as of old age.
present is essential. c. sex of the offended party. This refers to
the female sex, not to the male sex.
DEFINITION:
A Public Authority, sometimes also called a This circumstance (rank, age, or sex) is
person in authority, is a public officer who is applicable only in crimes against persons or
directly vested with jurisdiction, that is, a public honor.
officer who has the power to govern and execute
the laws. DISREGARD OF RANK, AGE, OR SEX IS NOT
AGGRAVATING IN THE FOLLOWING CASES:
Under the decided cases, a municipal a. When the offender acted with passion
mayor, a barangay captain, or a barrio and obfuscation.
captain is a person in authority or a public
authority. Even a school teacher is now
b. When there exists a relationship
between the offended party and the
considered a person in authority under CA
offender.
578. So is a municipal councilor, a
municipal health officer, a nurse, or a c. When the condition of being a woman is
BIR agent. However, additional persons in indispensable in the commission of the
authority under Art. 152 is only for purposes crime. Thus, in (1) parricide, (2) abduction,
of direct assault and resistance. or (3) seduction, sex is not aggravating.
The chief of police should therefore be Is disregard of sex absorbed in

14
treachery? are occupants of the same house, even if

There were 2 different rulings. the offended party is a servant in the house.
1.The earlier one says, disregard of sex is BUT in adultery, it is still aggravating
absorbed in treachery. even if it was also the dwelling of the
2.The later one says: the aggravating unfaithful wife, because of a very grave
circumstance of disregard of sex and offense against the head of the house. BUT
age are NOT absorbed in treachery the rule is again different if both the
because treachery refers to the manner unfaithful wife and the paramour were living,
of the commission of the crime, while and had the right to live, in the same house
disregard for sex and age pertains to the of the offended spouse.
relationship to the victim (P v. Lapaz; b. In robbery by use of force upon things
March 31, 1989) only, because dwelling is inherent.
c. In trespass to dwelling because of same
B. That the crime be committed in reason.
the dwelling of the offended party. d. When the dwelling does not actually
1. REASON for aggravating the belong to the offended party. HOWEVER,
commission of the crime in ones dwelling? some decided cases considered
a.The abuse of confidence which the temporary dwelling as when the offended
offended party reposed in the offender party was (a) raped in her boarding house;
by opening the door to him; or (b) raped in their paternal home where they
were sleeping as guests, etc. because the
b.The violation of the sanctity of the home RPC speaks of dwelling and not domicile.
by trespassing therein with violence or
against the will of the owner.
PARAGRAPH 4: ABUSE OF
2. DEFINITIONS CONFIDENCE; OR OBVIOUS
Dwelling must be a building or structure, UNGRATEFULNESS
exclusively used for rest and comfort. It REQUISITES:
includes dependencies, the foot of the
staircase and enclosure under the
1. That the offended party had trusted the
house. offender.
2. That the offender abused such trust by
There must be NO provocation, in committing a crime against the offended
order to consider this AC. By party.
PROVOCATION is meant, one 3. That the abuse of confidence facilitated
which is: the commission of the crime; OR
1.Given by the owner of the dwelling, 4. That the act be committed with obvious
2.Sufficient, and ungratefulness.
3.Immediate to the commission of the
crime.
The confidence between the offender
and the offended party must be immediate
For this circumstance to be
and personal.
considered, it is NOT necessary that
the accused should have actually
entered the dwelling of the victim to PARAGRAPH 5: PLACES OF
commit the offense. It is enough COMMISSION
that the victim was attacked inside
his own house, although the COMPARISON OF Par. 2 and Par. 5:
assailant may have devised means PAR. 2: CONTEMPT OR PAR. 5: PLACE
to perpetrate the assault from INSULT TO PUBLIC WHERE PUBLIC
without. AUTHORITIES AUTHORITIES ARE
ENGAGED IN THE
DISCHARGE OF
DWELLING IS NOT AGGRAVATING IN THE
THEIR DUTIES
FOLLOWING CASES:
a. When both offender and offended party
15
1. Public 1. Public recognized, or to secure himself against

authorities are in authorities are in detection and punishment.
the performance the 2. Nighttime is the period of darkness
of their duties. performance of beginning at the end of dusk and ending at
their duties. dawn. Nighttime by and of itself is not
1. The public 1. The public necessarily aggravating. TESTS: (1) the
authorities are authorities, who commission of the crime must begin and be
performing their are in the accomplished in the nighttime; (2) the
duties outside of performance of offense must be actually be committed in the
their office. their duties, must darkness of the night.
be in their office. 3. An uninhabited place is one where
1. The public 1. The public there are no houses at all, a place at a
authority should not authority may be considerable distance from town, or where
the offended the houses are scattered at a great distance
be the offended
from each other. TEST (OF UNINHABITED
party. party.
PLACE): But whether or not the crime is
attended by this aggravating circumstance
should be determined not by the distance of
the nearest house from the scene of the
The place of the commission of the crime, but whether or not in the place of the
felony (par. 5), if it is Malacaang palace or commission of the offense there was a
a church, is aggravating, regardless of reasonable possibility of the victim receiving
whether State or official or religious some help. TEST (OF WHETHER OR NOT
functions are being held. BUT there is a AGGRAVATING):
decided case to the effect that the offender 4. BAND --Whenever more than three
must have the intention to commit a crime armed malefactors shall have acted together
when he entered the place; i.e. she must in the commission of an offense it shall be
have murder in her heart (P v. Jaurigue). deemed to have been committed by a band.
The Chief executive need not be in Acted together-- means direct part in
Malacanang Palace. His presence alone in the execution of the act constituting the
any place where the crime is committed is crime. Hence, if one of the four armed men
enough to constitute the aggravating is a principal by inducement only, they do
circumstance, even if he is not engaged in not form a band, because a principal by
the discharge of his duties in the place inducement connotes that he has no direct
where the crime is committed. participation in the perpetration thereof.
For the other public authorities, they
must be actually engaged in the BAND IS AGGRAVATING IN: (a) crimes
performance of duty. against property (except in brigandage,
PARAGRAPH 6: NIGHTTIME; because it is inherent); (b) crimes against
UNINHABITED PLACE; OR BAND persons (note rape, which is already a
NIGHTTIME, UNINHABITED PLACE OR BAND crime against persons), (c) illegal detention,
IS AGGRAVATING and; (d) treason.
1. When it facilitated the commission of
the crime; or
2. When it was especially sought for by
the offender to insure the commission of the
crime or for the purpose of impunity; or
3. When the offender took advantage PARAGRAPH 7: ON OCCASION OF
thereof for the purpose of impunity. CALAMITY OR MISFORTUNE
THE REASON for the existence of this
DEFINITIONS: circumstance is found in the debased form
1. For the purpose of impunity of criminality met in one who, in the midst of
means to prevent his (accuseds) being a great calamity, instead of lending aid to the
16
afflicted, adds to their great suffering by 4. That the offender is convicted of the
taking advantage of their misfortune to new offense.
despoil them.
There is no recidivism if the subsequent
PARAGRAPH 8: AID OF ARMED MEN, conviction is for an offense committed
ETC. before the offense involved in the prior
REQUISITES: conviction.
1. That armed men or persons took part in
the commission of the crime, directly or When one offense is punishable by an
indirectly. ordinance or special law and the other by
2. That the accused availed himself of the Revised Penal Code, recidivism cannot
their aid or relied upon them when the be applied; the two offenses are not
crime was committed. embraced in the same title of the Code.
Exceptions: Recidivism must be taken into account

1. This aggravating circumstance shall not as an aggravating circumstance no matter
be considered when both the attacking party how many years have intervened between
and the party attacked were equally the first and second felonies.
armed.
2. This aggravating circumstance is not PARAGRAPH 10: REITERACION OR
present when the accused as well as those HABITUALITY
who cooperated with him in the commission REQUISITES:
of the crime acted under the same plan and CODE: (TriPLE CONVICTED)
for the same purpose. 1. That the accused is on trial for an
offense;
DISTINCTIONS: 2. That he previously served sentence
BETWEEN PAR 8 (WITH AID OF for another offense to which the law
ARMED MEN) AND PAR. 6 (BY A attaches an equal or greater penalty, or for
BAND) two or more crimes to which it attaches
By a band requires that more than lighter penalty than that for the new
three armed malefactors shall have acted offense.
together in the commission of an offense. 3. That he is convicted of the new
Aid of armed men is present even if one of offense.
the offenders merely relied on their aid, for
actual aid is not necessary. Distinctions
RECIDIVISM REITERACION
PARAGRAPH 9: RECIDIVIST
DEFINITION: 1. It is enough 1.
It is
Recidivist is one who, at the time of his trial that a final necessary that
for one crime, shall have been previously
judgment has the offender
convicted by final judgment of another crime
been rendered in shall have
embraced in the same title of the Revised
Penal Code. the first offense. served out his
sentence for the
REQUISITES: first offense
CODE: (TriPS CONVICTED) 1. Recidivism 1. The
1. That the offender is on trial for an requires that the previous and
offense; offenses be subsequent
2. That he was previously convicted by included in the offenses must
final judgment of another crime; same title of the NOT be
3. That both the first and the second Code. embraced in the
offenses are embraced in the same title of same title of the
the Code; Code
17
1. It is always to 1. It is NOT 3. A sufficient lapse of time between the

be taken into always an determination and execution, to allow him to
consideration in aggravating reflect upon the consequences of his act
fixing the penalty to circumstance and to allow his conscience to overcome the
be imposed upon resolution of his will.
the accused.
CONSPIRACY GENERALLY
PRESUPPOSES PREMEDITATION,
EXCEPTION: But when conspiracy is only
FOUR FORMS OF REPETITION implied, the evident premeditation may not
1. Recidivism (Par. 9, Art. 14) be appreciated from the mere conspiracy.
2. Reiteracion or habituality (Par. 10, Art.
14) PARAGRAPH 14: CRAFT, FRAUD, OR
3. Multi-recidivism or habitual delinquency DISGUISE
(Art. 62, Par. 5) DEFINITIONS:
4. Quasi-Recidivism (Art. 160) 1. Craft involves the use of intellectual
trickery or cunning on the part of the
PARAGRAPH 11: PRICE, REWARD, OR accused.
PROMISE 2. Fraud involves the use of insidious
1. When this aggravating circumstance is words and machination, used to
present, there must be two or more induce the victim to act in a manner,
principals; the one who gives or offers which would enable the offender to carry
the price or promise and the one who out his design.
accepts it. 3. Disguise involves resort to any device
2. The evidence must show that one of the in order to conceal identity.
accused used money or other valuable
consideration for the purpose of CRAFT DISTINGUISHED FROM FRAUD
inducing another to perform the deed. When there is a direct inducement by
insidious words or machinations, fraud is
PARAGRAPH 12: BY MEANS OF present; otherwise, the act of the accused done
INUNDATION, FIRE, ETC. in order not to arouse the suspicion of the
victim constitutes craft.
Any of the circumstances in paragraph
12 cannot be considered to increase the
PARAGRAPH 15: SUPERIOR STRENGHT;
penalty or to change the nature of the
offense unless used by the offender as a OR MEANS TO WEAKEN DEFENSE
means to accomplish a criminal purpose. 1. Superior Strength-- To take advantage
of superior strength means to use
PARAGRAPH 13: EVIDENT purposely, excessive force out of
PREMEDITATION proportion to the means of defense available
ESSENCE: to the person attacked.
The essence of premeditation is that the The aggravating circumstance of abuse
execution of the criminal act must be preceded of superior strength depends on the age,
by cool thought and reflection upon the size, and strength of the parties.
resolution to carry out the criminal intent during TEST: It is considered whenever there is
the space of time sufficient to arrive at a calm a notorious inequality of forces between
judgment. the victim and aggressor, assessing a
superiority of strength notoriously
REQUISITES: advantageous for the aggressor, which is
1. The time when the offender determined selected or taken advantage of by him in the
to commit the crime; commission of the crime.
2. An act manifestly indicating that the 2. Means to weaken the defense-- The
culprit has clung to his determination; offender employs means to materially
and weaken the resisting power of the
18
offended party. insure the execution of the crime.

(Note: there is need to establish the manner by
PARAGRAPH 16: TREACHERY which offender attacked the victim. There is no
MEANING OF TREACHERY: presumption of aggravating circumstance, more
1. There is treachery when the offender so if qualifying)
commits any of the crimes against the PARAGRAPH 17: IGNOMINY
person, employing means, methods or DEFINITIONS:
forms in the execution thereof which tend 1. Ignominya circumstance pertaining
directly and specially to insure its to the moral order, which adds disgrace
execution, without risk to himself arising and obloquy to the material injury caused
from the defense which the offended party by the crime.
might make. 2. It must tend to make the effects of the
crime more humiliating or to put the
The characteristic and unmistakable offended party to shame.
manifestation of treachery is the
deliberate, sudden and unexpected WHERE APPLICABLE:
attack of the victim, without any warning, This aggravating circumstance is applicable to
and without giving him an opportunity to (a) crimes against chastity, (b) less serious
defend himself, or repel the initial assault. physical injuries, (c) light or grave coercion, (d)
and murder.
2. Treachery means that the offended
party was not given opportunity to make PARAGRAPH 18: UNLAWFUL ENTRY
a defense. There is unlawful entry when an
entrance is effected by a way not
Killing a child is characterized by intended for the purpose. It must be a
treachery, because the weakness of the means to effect entrance and not for
victim due to his tender age results in the escape.
absence of any danger to the accused.
PARAGRAPH 19: BY BREAKING WALL,
SOME RULES ON TREACHERY: ETC.
CODE: (P-ICTAN) To be considered as an aggravating
1. Applicable only to crimes against the circumstance, breaking the door must be
persons utilized as a means to the commission of
2. Means, methods, or forms need not the crime.
insure accomplishment of crime.
3. The mode of attack must be PARAGRAPH 20: AID OF MINOR
consciously adopted. (UNDER 15 YEARS); OR BY MEANS OF
4. Must be present at the proper time. MOTOR VEHICLES, ETC.
SUMMARY OF THE RULES ON WHEN TWO DIFFERENT CIRCUMSTANCES ARE
TREACHERY MUST BE PRESENT: GROUPED IN THIS PARAGRAPH.
a) When the aggression is continuous, The first one tends to repress the frequent
treachery must be present in the practice resorted to by professional criminals to
beginning of the assault; avail themselves of minors taking advantage of
their irresponsibility; while the second one is
b) When the assault was not intended to counteract the great facilities
continuous in that there was an
found by modern criminals in said means to
interruption, it is sufficient that
commit crime, and then flee and abscond once
treachery was present at the
the same is committed.
moment the fatal blow was given.
5. Treachery absorbs abuse of superior PARAGRAPH 21: CRUELTY
strength, aid of armed men, by a band ESSENCE:
and means to weaken the defense. THERE IS CRUELTY when the culprit enjoys
6. Nighttime forms part, of the peculiar and delights in making his victim suffer slowly
treacherous means and manner adopted to and gradually, causing him unnecessary
19
physical pain in the consummation of the and descendant.

criminal act.
WHEN MITIGATING
REQUISITES: AND WHEN AGGRAVATING:
1. That the injury caused be deliberately The law is silent as to when mitigating and when
increased by causing other wrong; aggravating.
2. That the other wrong be unnecessary 1. MITIGATING: As a rule, relationship is
for the execution of the purpose of the mitigating in crimes against property, by
offender. analogy to Art. 332 regarding Persons
exempt from criminal liability. OF COURSE
For cruelty to be aggravating, it is in view of Art. 332, when the crime
essential that the wrong done was intended committed is: (a) theft, (b) estafa, or (c)
to prolong the suffering of the victim, malicious mischief, relationship is
causing him unnecessary moral and exempting, and not merely mitigating.
physical pain. 2. AGGRAVATING. It is aggravating in
crimes against persons in cases where
Ignominy (par. 17) involves moral the offended is a relative of a higher degree
suffering, while cruelty (par. 21) refers to than the offender, or when the offender and
physical suffering. the offended party are relatives of the same
level, such killing a brother-in-law, a half-
brother, or an adopted brother.
ART. 15 ALTERNATIVE
In crimes against chastity,
CIRCUMSTANCES relationship is always aggravating,
regardless of whether the offender is a
DEFINITION:
relative of a higher or lower degree of the
Alternative circumstances are those, which
offended party.
must be taken into consideration as aggravating
or mitigating, according to the nature and
effects of the crime and the other conditions
However, relationship is neither
mitigating nor aggravating, when
attending its commission.
relationship is an element of the offense.
THE ALTERNATIVE CIRCUMSTANCES ARE: 2. INTOXICATION--

By state of intoxication is meant that the
1. Relationship offenders mental faculties must be affected
2. Intoxication by drunkenness.
3. Degree of instruction and education of
the offender WHEN MITIGATING
AND WHEN AGGRAVATING:
1. RELATIONSHIP-- 1. Mitigating, if intoxication is (1) not
The alternative circumstance of relationship habitual, or 2) not subsequent to the plan to
shall be taken into consideration when the commit a felony. (He is not already
offended party is the conscious of his doing) consider the effect
CODE: (SADBA) 2. Aggravating if intoxication is 1)
1. spouse habitual, or 2) if it is intentional (subsequent
2. ascendant to the plan to commit a felony).
3. descendant
4. legitimate, natural or adopted brother 3. DEGREE OF INSTRUCTION AND
or sister, or relative by affinity in the same EDUCATION OF THE OFFENDER--
degree, of the offender. Low degree of instruction and
education or lack of it is generally mitigating.
The relationship of stepfather or High degree of instruction and education is
stepmother and stepson or stepdaughter is aggravating, when the offender availed
included by analogy to that of ascendant himself of his learning in committing the
20
crime.
Lack of instruction or low degree of it, is
appreciated as mitigating circumstance in ART. 17. PRINCIPALS
almost all crimes. EXCEPT in crimes, which
are inherently wrong, of which every
KINDS OF PRINCIPALS
rational being is endowed to know and feel.
1. PRINCIPAL BY DIRECT
PARTICIPATION - personally takes part
in the execution of the act constituting the
ART. 16. PERSONS WHO ARE
crime
CRIMINALLY LIABLE
REQUISITES:
GRAVE AND LESS GRAVE FELONIES: 1. That they participated in the criminal
1. Principals resolution
2. Accomplices 2. That they carried out their plan and
3. Accessories personally took part in its
execution by acts which directly
LIGHT FELONIES: tended to the same end
1. Principals
2. Accomplices 2. PRINCIPAL BY INDUCTION - the
principal by induction becomes liable only
The treble division of persons criminally when the principal by direct participation
committed the act induced.
liable rests upon the very nature of their
participation.
TWO WAYS OF BECOMING A PRINCIPAL
BY INDUCTION:
The classification of the offenders as
principal, accomplice, or an accessory is
1. directly forcing another to commit a
true only under the RPC but not in the crime, or
special laws because the penalties under 2. directly inducing another to commit a
the latter are never graduated crime
RULES RELATIVE TO LIGHT FELONIES Two ways of directly forcing

another to commit a crime:
1. Punishable only when they have been
consummated. EXCEPT when committed 1. by using irresistible force
against persons or property, in which case 2. by causing uncontrollable fear
they are also punishable even if they were
only in the attempted or frustrated stage.
2. There are no accessories even if they
are committed against persons or property. Two ways of directly inducing
another to commit a crime:
TWO PARTIES IN ALL CRIMES 1.by giving price, or offering reward or
1. ACTIVE subject (the criminal) promise
3. PASSIVE subject (the injured party) 2.by using words of command
As a rule, only natural persons can be the REQUISITES (Principal by inducement,

active subjects of a crime because the RPC through giving price, etc): In order that a
requires that the culprit should have acted with person maybe convicted as a principal
personal malice or negligence. A juridical by inducement, the following requisites
person cannot act with malice or negligence. must be present---
1. that the inducement be made
directly with the intention of
procuring the commission of the
crime; and
2. that such inducement be the
21
determining cause of the 3. Inducement 1. The

commission of the crime by the involves any proposal must
material executor crime. involve only
treason or
REQUISITES (Principal by inducement,
through words of command): In order rebellion
that a person using words of command
maybe held liable, the following
requisites must be present--- EFFECT OF ACQUITTAL OF ONE OF THE
1. that the one uttering the words of CO-CONSPIRATORS TO THE OTHER
command must have the intention CO-CONSPIRATORS:
of procuring the commission of the As a rule, the acquittal of one of the co-
crime conspirators redounds to the benefit of the other
2. that the one who made the co-conspirators EXCEPT when the acquittal is
command must have an due to circumstances personal to the accused,
ascendancy or influence over the like exempting circumstances
person who acted
3. that the words used must be so 1. PRINCIPALS BY INDISPENSABLE
direct, so efficacious, so powerful COOPERATION
as to amount to physical or moral
coercion REQUISITES:
4. the words of command must be 1. participation in the criminal resolution,
uttered prior to the commission of that is, there is either anterior
the crime conspiracy or unity of criminal purpose
5. the material executor of the crime and intention immediately before the
has no personal reason to commission of the crime charged; and
commit the crime 2. cooperation in the commission of the
offense by performing another act,
Distinctions without which it would not have been
accomplished
Principal by Offender who
Inducement made Proposal to
COLLECTIVE CRIMINAL
Commit a Felony RESPONSIBILITY
There is collective criminal responsibility when
the offenders are criminally liable in the same
1. There is an 1. There is an manner and to the same extent. The penalty
inducement to inducement to to be imposed must be the same for all.
commit a crime commit a crime
1. Becomes 2. The mere INDIVIDUAL CRIMINAL RESPONSIBILITY
liable only when proposal to In the absence of previous conspiracy, unity of
the crime is commit a felony criminal purpose, and intention, immediately
committed by is punishable in before the commission of the crime, or
the principal by treason or community of criminal design, the criminal
direct participation rebellion; the responsibility arising from different acts
directed against one and the same person is
person to whom
individual and not collective, and each of the
the proposal is participants is liable only for the act committed
made should by him
not commit the
crime,
otherwise, the ART. I8. ACCOMPLICES
proponent
becomes a REQUISITES:
principal by CODE:
inducement (COMMUNITY COOPERATES
22
previous supply RELATION) CONTEMPLATED IN PAR. 3 OF ART. 19

1. That there be community of design; (i.e., HARBORING, etc):
that is, knowing the criminal design of the ( Public officers who harbor, conceal or
principal by direct participation, he concurs assist in the escape of the principal of
with the latter in his purpose; any crime (not light felony) with abuse
2. That he cooperates in the execution of of his functions
the offense by previous or simultaneous (a) Private persons who harbor, conceal
acts, with the intention of supplying or assist in the escape of the author of
material or moral aid in the execution of the crime guilty of treason, parricide,
the crime in an efficacious way; and murder, or an attempt against the life of
3. That there be a relation between the the President, or who is known to be
acts done by the principal and those habitually guilty of some other crime
attributed to the person charged as
accomplice. The accomplice and the accessory may
be tried and convicted even before the
The complicity, which is penalized, principal is found guilty.
requires a certain degree of cooperation The liability of the accused will depend
whether moral, through advice, on the quantum of evidence adduced by
encouragement, or agreement, or material, the prosecution against the particular
through external acts. accused.
The responsibility of the accomplice is to ACCESSORY DISTINGUISHED FROM

be determined by acts of aid and assistance, PRINCIPAL AND FROM ACCOMPLICE
either prior to or simultaneous with the 1. The accessory does not take part or
commission of the crime, rendered cooperate in, or induce, the commission
knowingly for the principal therein, and not of the crime.
by the mere fact of having been 2. The accessory does not cooperate in
present at its execution. the commission of the offense by acts prior
thereto or simultaneous therewith.
3. The participation of the accessory in all
ART. 19. ACCESSORIES cases always takes place after the
commission of the crime
1. An accessory must have knowledge of
the commission of the crime and having
knowledge he took part subsequent to its ART. 20. ACCESSORIES WHO ARE
commission EXEMPT FROM CRIMINAL LIABILITY
2. To convict an accessory, the crime
committed by the principal must be proved SITUATIONS WHERE ACCESSORIES ARE
beyond reasonable doubt NOT CRIMINALLY LIABLE:
1. When the felony committed is a light
felony; and
SPECIFIC ACTS OF ACCESSORIES:
2. When the accessory is related to the
principal as spouse, or as an ascendant, or
(CODE: PROFIT, CONCEAL, HARBOR)
descendant or as a brother or sister,
1. By profiting themselves or assisting whether legitimate, natural, or adopted, or
the offender to profit by the effects of the where the accessory is a relative by affinity
crime within the same degree, unless the
2. By concealing or destroying the body accessory himself profited from the effects
of the crime to prevent its discovery or proceeds of the crime or assisted the
3. By harboring, concealing or assisting offender to profit thereon.
in the escape of the principal of the crime
2 CLASSES OF ACCESSORIES ARE

23
PENALTIES
DEFINITION: GENERAL RULE IS TO GIVE CRIMINAL LAWS
Penalty is the suffering that is inflicted by the PROSPECTIVE EFFECT. EXCEPTION when
State, for the transgression of a law; in its favorable to the accused who is not a habitual
general sense, it signifies pain. criminal
Different juridical conditions of penalty: AN EX POST FACTO LAW IS ANY ONE

1. productive of suffering, without however WHICH:
affecting the integrity of the human CODE: (CAPE Civil Protection)
personality 1. makes criminal an act done before the
2. commensurate with the offense passage of the law, and which was innocent
different crimes must be punished with when done, and punishes such an act;
different penalties 2. aggravates a crime, or makes it
3. personal no one should be punished greater than it was, when committed;
for the crime of another 3. changes the punishment and inflicts a
4. legal it is the consequence of a greater punishment than the law annexed to
judgment according to law the crime when committed;
5. certain no one may escape its effects 4. alters the legal rules of evidence, and
authorizes conviction upon less or different
6. equal for all testimony that the law required at the time of
7. correctional the commission of the offense;
5. assuming to regulate civil rights and
Theories justifying penalty: remedies only, in effect imposes penalty or
1. Self-defense the State has a right to deprivation of a right for something which
punish the criminal as a measure of self- when done was lawful; and
defense, so as to protect society from the 6. deprives a person accused of a crime of
threat and wrong inflicted by the criminal some lawful protection to which he has
2. Reformation the object of punishment become entitled, such as the protection of a
in criminal cases is to correct and reform former conviction or acquittal, or a
the offender proclamation of amnesty
3. Exemplarity the criminal is punished to
serve as an example to deter others from
committing crimes ART. 23. EFFECT OF PARDON BY
4. Justice that crime must be punished THE OFFENDED PARTY
by the State as an act of retributive justice, a
vindication of absolute right and moral law As a rule, a pardon by the offended party does
violated by the criminal not extinguish criminal action, except as
provided under Art. 344 of RPC.
THREE-FOLD PURPOSE OF THE
PENALTY UNDER THE RPC: Two classes of injuries caused by an offense:
1. Retribution or expiation the penalty 1. Social injury, produced by the
is commensurate with the gravity of the disturbance and alarm, which are the
offense outcome of the offense. This is repaired
2. Correction or reformation- as shown by through the imposition of the corresponding
the rules which regulate the execution of the penalty. The State has an interest in this
penalties consisting in deprivation of liberty class of injury so the offended party cannot
3. Social defense shown by its inflexible pardon the offender so as to relieve him of
the penalty.
severity to recidivists and habitual
delinquents 2. Personal injury, caused to the victim of
the crime, who suffered damage either to his
person, to his property, to his honor, or to
ART. 22. RETROACTIVE EFFECT OF her chastity. This is repaired through
indemnity, which is civil in nature. The
PENAL LAWS offended party may waive it and the state
24
has no reason to insist on its payment.

This corresponds to the classification of
felonies according to their gravity under Art. 9:
ART. 24. MEASURES OF 1. Grave
PREVENTION OR SAFETY WHICH 2. Less grave
ARE NOT CONSIDERED PENALTIES 3. Light
THE FOLLOWING ARE NOT

CONSIDERED PENALTIES: ART. 29. PERIOD OF PREVENTIVE
1. The arrest and temporary detention IMPRISONMENT DEDUCTED FROM
of accused persons, as well as their TERM OF IMPRISONMENT
detention by reason of insanity or imbecility
or illness requiring their confinement in a OFFENDERS NOT ENTITLED TO THE
hospital;
FULL TIME OR FOUR-FIFTHS OF THE
2. The commitment of a minor to any of TIME OF PREVENTIVE IMPRISONMENT:
the institutions mentioned in Art. 80 (now
PD603) for the purposes specified therein; 1. Recidivists or those convicted
previously twice or more times of any crime.
3. Suspension from the employment or
public office during the trial or in order to
institute proceedings;
A habitual delinquent is not entitled to
the full time or 4/5 of the time of preventive
4. Fines and other corrective imprisonment, because a habitual
measures which, in the exercise of their delinquent is necessarily a recidivist or that
administrative disciplinary powers, at least he has been convicted previously
superior officials may impose upon their twice or more times of any crime.
subordinates; and
5. Deprivation of rights and 2. Those who upon being summoned for
reparations which the civil laws may the execution of their sentence, failed to
establish in penal form. surrender voluntarily
Note that paragraph No. 2 does not

ART. 25. PENALTIES WHICH MAY BE refer to failure to surrender voluntarily after
IMPOSED commission of the crime. It says: when
upon being summoned for the execution of
CLASSIFICATION OF PENALTIES: their sentence.
1. Principal penalties those expressly
imposed by the court in the judgment of
conviction ART. 36. PARDON; ITS EFFECTS
2. Accessory penalties those that are
deemed included in the imposition of the EFFECTS OF PARDON BY THE
principal penalties PRESIDENT
1. A pardon shall not restore the right to
hold public office or the right of suffrage.
EXCEPT; when any or both such rights is or
are expressly restored by the terms of the
pardon.
2. It shall not exempt the culprit from the
This article classifies penalties according to payment of the civil indemnity.
their gravity:
1. Capital LIMITATIONS UPON THE EXERCISE OF
2. Afflictive THE PARDONING POWER
3. Correctional 1. That the power can be exercised only
4. Light after conviction
25
2. That such power does not extend to In case the property of the offender should not
cases of impeachment be sufficient for the payment of all his pecuniary
liabilities, the order of payment is provided in this
DISTINCTIONS article.
CODE: (EPAA)
Pardon by the Pardon by the
Chief Executive Offended Party ART. 39. SUBSIDIARY PENALTY
1. Extinguishes 1. Does NOT

1. A subsidiary penalty is a subsidiary
personal liability to be suffered by the
the criminal extinguish the convict who has no property with which to
liability of the criminal liability meet the fine.
offender of the offender 2. There is no subsidiary penalty for non-
1. Cannot 1. Offended payment of damages to the offended party.
include civil party can waive
liability which the the civil liability
offender must which the ART. 45. CONFISCATION AND
pay offender must FORFEITURE OF THE PROCEEDS OR
pay INSTRUMENTS OF THE CRIME
1. Granted only 1. Pardon
AFTER should be given OUTLINE OF THE PROVISION OF THIS
CONVICTION, BEFORE THE ARTICLE:
and may be INSTITUTION 1. Every penalty imposed carries with it the
extended to any of criminal forfeiture of the proceeds of the crime and
of the offenders prosecution, the instruments or tools used in the
and must commission of the crime
extend to both 2. The proceeds and instruments or tools
offenders of the crime are confiscated and forfeited in
favor of the Government
3. Property of a third person who is not
liable for the offense, is not subject to
ART. 37. COSTS WHAT ARE confiscation and forfeiture
INCLUDED 4. Property not subject of lawful commerce
(whether it belongs to the accused or to a
third person) shall be destroyed
The following are included in costs:
1. Fees, and
2. Indemnities, in the course of judicial APPLICATION OF PENALTIES
proceedings
ART. 46. PENALTY TO BE IMPOSED
ART. 38. PECUNIARY LIABILITIES UPON PRINCIPALS IN GENERAL
ORDER OF PAYMENT
The pecuniary liabilities of persons criminally 1. General rule: The penalty prescribed by
liable are the following: law in general terms shall be imposed
1. The reparation of the damage caused. upon the principals for a consummated
felony.
2. Indemnification of the consequential
damages. 2. Except: When the penalty to be imposed
upon the principal in frustrated or attempted
3. Fine.
felony is fixed by law.
4. Costs of proceedings.
GRADUATION OF PENALTIES:
WHEN IS ARTICLE 38 APPLICABLE?
1. BY DEGREES refers to (1) the stages
26
of execution (consummated, frustrated, or

attempted); and (2) the degree of the
criminal participation of the offender ART. 48. COMPLEX CRIMES
(whether as principal, accomplice, or CONCEPT:
accessory). 1. In complex crime, although two or more
2. BY PERIODS refers to the proper crimes are actually committed, they
period of the penalty which should be constitute only one crime in the eyes of the
imposed when aggravating or mitigating law as well as in the conscience of the
circumstances attend the commission of the offender.
crime 2. The offender have only one criminal
intent, hence there is only one penalty
imposed for the commission of a complex
ART. 47. IN WHAT CASES THE crime
DEATH PENALT Y SHALL NOT BE
IMPOSED TWO KINDS OF COMPLEX CRIMES:
1. COMPOUND CRIME a single act
DEATH PENALTY IS NOT IMPOSED IN constitutes two or more grave or less grave
THE FOLLOWING CASES felonies.
1. UNDER AGE. When the offender is
below 18 years of age at the time of the REQUISITES:
commission of the crime. 1. That only a single act is performed
2. OVER AGE. When the guilty person is by the offender;
more than seventy (70) years of age 2. That the single act produces: (1)
two or more grave felonies, or (2)
3. NO COURT MAJORITY. When upon
one or more grave and one or
appeal or automatic review of the case by
more less grave felonies, or (3) two
the Supreme Court, the vote of eight
members is not obtained for the imposition or more less grave felonies.
of the death penalty.
2. COMPLEX CRIME PROPER an
CRIMES PUNISHABLE BY DEATH UNDER offense is a necessary means for
committing the other.
RA 7659
CODE: REQUISITES:
(MURDER CARNAPPING TRIPP QQD PARK)
1. That at least two offenses are
1. Murder committed;
2. Carnapping 2. That one or some of the offenses
3. Treason must be necessary to commit the
4. Rape other;
5. Infanticide 3. That both or all of the offenses must
6. Plunder be punished under the same
7. Parricide statute.
8. Qualified Piracy
9. Qualified Bribery NO COMPLEX CRIME IN THE
10. Violation of Certain provisions of the FOLLOWING CASES
Dangerous Drugs Act CODE: (CCIS)
11. Piracy in general and Mutiny on the
1. In case of a continued crime
High Seas or in the Philippines Waters
2. When one offense is committed to
12. Destructive Arson
conceal the other.
13. Robbery with Violation Against or
3. When the other crime is an
Intimidation of Persons
indispensable part or an element of the
14. Kidnapping and Serious Illegal other offense.
Detention
27
4. Where one of the offenses is penalized 1. Each act 1. The

by a special law performed by the different acts
offender constitute only
PLURALITY OF CRIMES constitutes a one crime, all
DEFINITION: separate crime, of the acts
Plurality of Crimes-- consists in the each act is performed arise
successive execution, by the same
generated by a from one
individual, of different criminal acts, upon any
of which no conviction has yet been declared
criminal impulse criminal
resolution
KINDS:
1. FORMAL OR IDEAL PLURALITY
only ONE CRIMINAL LIABILITY.
THREE GROUPS
UNDER THE FORMAL TYPE: ART. 59. PENALTY TO BE IMPOSED
a. When the offender commits any of IN CASE OF FAILURE TO COMMIT
the complex crimes in Art. 48. THE CRIME BECAUSE THE MEANS
b. When the law specifically fixes a EMPLOYED OR THE AIMS SOUGHT
single penalty for two or more ARE IMPOSSIBLE
offenses committed.
c. When the offender commits BASIS FOR THE IMPOSITION OF PROPER
continued crimes PENALTY:
1. Social danger; and
2. REAL OR MATERIAL PLURALITY 2. Degree of criminality shown by the
DIFFERENT CRIMES in law, as well as in
offender
the conscience of the offender; the offender
shall be PUNISHED FOR EACH and every
offense that he committed.
ART. 61. RULES OF GRADUATING
In recidivism, there must be conviction PENALTIES
by final judgment of the first or prior offense;
in plurality of crimes, there is no conviction According to Arts. 50-57, the penalty prescribed
of any of the crimes committed by law for the felony shall be lowered by one or
two degrees, as follows:
CONTINUED CRIME 1. For the principal in frustrated felony
DEFINITION: one degree lower;
CONTINUED CRIME is a single crime, 2. For the principal in attempted felony
consisting of a series of acts, but all arising two degrees lower;
from ONE CRIMINAL RESOLUTION; length of 3. For the accomplice in consummated
time in the commission is immaterial. felony one degree lower;
4. For the accessory in consummated
COMPARISON felony two degrees lower;
Real or Material Continued Crime
Plurality DIAGRAM OF THE APPLICATION OF
ARTS. 50 TO 57:
1. There is a 1. There is a CONSU FRUST ATTEM
series of acts series of acts Prin 0 1 2
performed by the performed by Accom 1 2 3
offender the offender Access 2 3 4
28
In this diagram, O represents the penalty

prescribed by law in defining a crime, which is to DISTINCTIONS
be imposed on the principal in a Habitual Recidivism
consummated offense, in accordance with the Delinquency
provisions of Art. 64. The other figures
represent the degrees to which the penalty must
1. As to 1. The crimes 1. It is
the CRIMES are specified sufficient that
be lowered, to meet the different situations committed the accused
anticipated by law. on the date
of his trial,
shall have
been
previously
convicted by
final
judgment of
another
crime
embraced in
ART. 62. EFFECTS OF THE the same
title
ATTENDANCE OF MITIGATING OR 1. As to 1. The 2. No
AGGRAVATING CIRCUMSTANCES the PERIOD offender is period of
of time the found guilty time between
AND OF HABITUAL DELINQUENCY crimes are within ten the former
committed years from his conviction
last release or and the last
EFFECT OF THE ATTENDANCE OF last conviction conviction
AGGRAVATING OR MITIGATING
CIRCUMSTANCES OR OF HABITUAL
1. As to 1. The 3. The
the NUMBER accused must be second
DELINQUENCY: of crimes found guilty the offense for
committed third time or an offense
1. Aggravating circumstances (generic oftener of the found in the
and specific) have the effect of increasing crimes specified same title
the penalty, without however exceeding the

maximum period provided by law 1. As to 1. An 4. If not
2. Mitigating circumstances have the their additional offset by a
EFFECTS penalty is mitigating
effect of diminishing the penalty also imposed circumstance
3. Habitual delinquency has the effect, , serves to
increase the
not only of increasing the penalty because of penalty only
recidivism which is generally implied in to the
maximum
habitual delinquency, but also of imposing
an additional penalty
REQUISITES OF HABITUAL DELINQUENCY:

CODE:
(Convicted-CommittedConvicted-CommittedConvicted)
ART. 64. RULES FOR THE
1. that the offender had been convicted of
any of the crimes of serious or less serious
APPLICATION OF PENALTIES, WHICH
physical injuries, robbery, theft, estafa or CONTAIN THREE PERIODS
falsification (CODE: FRETSL)
2. that after conviction or after serving his CASES IN WHICH MITIGATING AND
sentence, he again committed, and, within AGGRAVATING CIRCUMSTANCES ARE
10 years from his release or first conviction, NOT CONSIDERED IN THE IMPOSITION
he was again convicted of any of the said OF PENALTY:
crimes for the second time 1. When the penalty is single and
3. that after his conviction of, or after indivisible
serving sentence for the second offense, he 2. In felonies through negligence
again committed, and, within 10 years
3. The penalty to be imposed upon a Moro
from his last release or last conviction, he
or other non-Christian inhabitants
was again convicted of any of said
offenses, the third time or oftener. 4. When the penalty is only a fine imposed
29
by an ordinance 3. This rule shall apply only when the

5. When the penalties are prescribed by convict is to serve 4 or more sentences
special laws successively.
4. Subsidiary penalty forms part of the
penalty.
ART. 66. IMPOSITION OF FINES
OUTLINE OF THE PROVISION: DIFFERENT SYSTEMS OF PENALTY,
1. The court can fix any amount of the fine RELATIVE TO THE EXECUTION OF TWO
within the limits established by law. OR MORE PENALTIES IMPOSED ON ONE
2. The court must consider: (1) the AND THE SAME ACCUSED
mitigating and aggravating circumstances; 1. material accumulation system
and (2) more particularly, the wealth or No limitation whatever, and accordingly, all
means of the culprit. the penalties for all the violations were
3. The court may also consider: (1) the imposed even if they reached beyond the
gravity of the crime committed; (2) the natural span of human life.
heinousness of its perpetration; and (3) the 2. juridical accumulation system
magnitude of its effects on the offenders Limited to not more than three-fold the
victims. length of time corresponding to the most
severe and in no case to exceed 40 years.
3. absorption system
ART. 68. PENALTY TO BE IMPOSED The lesser penalties are absorbed by the
UPON A PERSON UNDER EIGHTEEN graver penalties.
YEARS OF AGE
ART. 72. PREFERENCE IN THE

APPLICATION OF ART. 68: PAYMENT OF CIVIL LIABILITIES
1. This article is not immediately applicable
to a minor under 18 years of age, because Civil liability is satisfied, by following the
such minor, if found guilty of the offense chronological order of the dates of the final
charged, is not sentenced to any penalty. judgments.
The sentence is suspended and he is
ordered committed to the reformatory
institution, IF, his application therefor is ART. 77. WHEN THE PENALTY IS A
approved by the court.
COMPLEX ONE COMPOSED OF
2. This article applies to such minor if his
application for suspension of sentence is
THREE DISTINCT PENALTIES
DISAPPROVED OR if while in the DEFINITION:
A complex penalty is a penalty prescribed by
reformatory institution he becomes
law composed of three distinct penalties, each
INCORRIGIBLE, in which case he shall be
forming a period: the lightest of them shall be
returned to the court for the imposition of the
the minimum, the next the medium, and the
proper penalty.
most severe the maximum period.
ART. 70. SUCCESSIVE SERVICE OF

SENTENCE
THE THREE-FOLD RULE INDETERMINATE

1. THE MAXIMUM DURATION OF THE
CONVICTS SENTENCE shall not be more SENTENCE LAW
than three times the length of time Act No. 4103 as amended by Act No. 4225
corresponding to the most severe of the
penalties imposed upon him. CONCEPT:
2. But in no case to exceed 40 years. INDETERMINATE SENTENCE is a sentence
30
with a minimum term and a maximum term B. WHEN BENEFIT OF THE ISLAW IS
which, the court is mandated to impose for the NOT APPLICABLE
benefit of a guilty person who is not The Indeterminate Sentence Law shall not apply
disqualified therefor, when the maximum to the following persons:
imprisonment exceeds one (1) year. It applies 1. sentenced to death penalty or life
to both violations of Revised Penal Code and imprisonment
special penal laws. 2. treason, or conspiracy or proposal to
commit treason
A. SENTENCE IN THE I.S.LAW 3. misprision of treason, rebellion,
In imposing a prison sentence for an offense sedition or espionage
punished by the Revised Penal Code or special 4. piracy
penal laws, the court shall sentence the accused 5. habitual delinquents
to an indeterminate sentence, which has a 6. escaped from confinement, or evaded
maximum and a minimum term based on the sentence
penalty actually imposed. 7. granted with conditional pardon by
the President, but violated the terms thereof
ISLAW Application is mandatory, where 8. maximum term of imprisonment do not
imprisonment would exceed one year. exceeding 1 year
9. sentenced to the penalty of destierro
I. IF THE PENALTY IS IMPOSED BY THE or suspension only
RPC:
a. The Maximum Term is that which C. RELEASE OF THE PRISONER ON
could be properly imposed under the RPC, PAROLE
considering the aggravating and mitigating The Board of Pardons and Parole may
circumstances, authorize the release of a prisoner on parole,
b. The Minimum Term is within the after he shall have served the minimum
range of the penalty one degree lower than penalty imposed on him, provided that:
that prescribed by the RPC, without a Such prisoner is fitted by his training
considering the circumstances, for release,
a. There is reasonable probability that he
BUT when there is a privileged mitigating will live and remain at liberty without
circumstance, so that the penalty has to violating the law,
be lowered by one degree, the
STARTING POINT for determining
b. Such release will not be incompatible
the minimum term of the with the welfare of society.
indeterminate penalty is the penalty next
lower than that prescribed by the Code D. ENTITLEMENT TO FINAL RELEASE
for the offense. AND DISCHARGE
If during the period of surveillance such paroled
I IF THE PENALTY IS IMPOSED BY ANY prisoner shall: (a) show himself to be a law-
OTHER LAW (MEANING, A SPECIAL abiding citizen and, (b) shall not violate any
PENAL LAW) law, the Board may issue a final certification of
a. The Maximum Term must not exceed release in his favor, for his final release and
the maximum term fixed by said law, discharge.
b. The Minimum Term must not be
less than the minimum term prescribed the E. SANCTION FOR VIOLATION OF
same. CONDITIONS OF THE PAROLE
When the paroled prisoner shall violate any of
SIMPLY for special laws, it is anything the conditions of his parole: (a) the Board may
within the inclusive range of the issue an order for his arrest, and thereafter,
prescribed penalty. Courts are given (b) the prisoner shall serve the remaining
discretion and the circumstances are not unexpired portion of the maximum
considered. sentence for which he was originally committed
to prison.
31
F. REASONS FOR FIXING THE MAXIMUM incorrigible; or (2) has willfully failed to
AND MINIMUM TERMS IN THE comply with the conditions of his
INDETERMINATE SENTENCE rehabilitation programs; or (3) when his
The minimum and the maximum terms in the IS continued stay in the training institution
must be fixed, because they are the basis for the would be inadvisable.
following: 6. When the youthful offender has reached
1. Whenever a prisoner has: (a) served the the age of TWENTY-ONE while in
MINIMUM penalty imposed on him, and (b) is commitment, the court shall determine
fit for release as determined by the Board of whether
Indeterminate Sentence, such Board may a. To DISMISS the case, if the youthful
authorize the release of the prisoner on offender has behaved properly and has
parole, upon terms and conditions prescribed
shown his capability to be a useful
by the Board.
member of the community; or
2. But when the paroled prisoner violates any of
the conditions of his parole during the period b. To PRONOUNCE the judgment of
of surveillance, he may be rearrested to conviction, if the conditions mentioned
serve the remaining unexpired portion of the are not met.
MAXIMUM sentence. 7. In the latter case, the convicted offender
3. Even if a prisoner has already served the may apply for PROBATION. In any case,
MINIMUM, but he is not fitted for release on the youthful offender shall be credited in
parole, he shall continue to serve until the the service of his sentence with the full time
end of the MAXIMUM term. spent in actual commitment and detention.
8. The final release of a youthful offender
THE CHILD AND YOUTH based on good conduct as provided in Art.
196 shall not obliterate his CIVIL LIABILITY
WELFARE CODE 9.
for damages
A minor who is ALREADY AN ADULT at
1. The purpose of Arts. 189 and 192 of the
the time of his conviction is not entitled to a
Child and Youth Welfare Code is to avoid a suspension of sentence
situation where JUVENILE OFFENDERS
would commingle with ordinary criminals in
prison.
2. If the court finds that the youthful
PROBATION LAW OF 1976:
offender committed the crime charged PD 968, as amended
against him, it shall DETERMINE the
imposable penalty and the civil liability A. CONCEPT
chargeable against him. PROBATION is a disposition under which a
3. The court may not pronounce defendant after conviction and sentence is
judgment of conviction and SUSPEND all released subject to conditions imposed by
further proceedings if, upon application of the court and to the supervision of a probation
the youthful offender, it finds that the best officer.
interest of the public and that of the
offender will be served thereby. B. APPLICATION
4. The benefits of Article 192 of PD 603, as This shall apply to all offenders except those
amended, providing for suspension of entitled to benefits under PD 6003 and similar
sentence, shall NOT APPLY TO (1) a laws.
youthful offender who once enjoyed
suspension of sentence under its provisions, C. RULES ON GRANT OF PROBATION
or (2) one who is convicted of an offense 1. After having convicted and sentenced a
punishable by death or life defendant, the trial court MAY SUSPEND
imprisonment. the execution of the sentence, and place the
5. The youthful offender shall be defendant on probation, upon
RETURNED to the committing court for the APPLICATION by the defendant within the
pronouncement of judgment, when the period for perfecting an appeal.
youthful offender (1) has been found
32
2. Probation may be granted whether the not less than 1 month and 1 day and/or
sentence imposes a term of imprisonment or a fine not more than P200.
a fine only. d. Once placed on probation.
3. NO application for probation shall be
entertained or granted if the defendant has H. CONDITIONS OF PROBATION
PERFECTED AN APPEAL from the 2 KINDS OF CONDITIONS IMPOSED:
judgment of conviction. 1 Mandatory or general - once violated,
4. Filing of application for probation the probation is cancelled. They are:
operates as a WAIVER OF THE RIGHT TO a Probationer Presents himself to the
APPEAL. probation officer designated to
5. The application shall be filed with the undertake his supervision, at such
trial court, and the order granting or place as may be specified in the
denying probation shall NOT BE order, within 72 hours from receipt
APPEALABLE. of order;
b. He Reports to the probation officer
6. Accessory penalties are deemed
at least once a month
suspended once probation is granted.
2. Discretionary or special additional
conditions listed, which the courts may
D. POST-SENTENCE INVESTIGATION
additionally impose on the probationer
The convict is not immediately placed on
towards his correction and rehabilitation
probation. There shall be a prior investigation by
outside prison. HOWEVER, the
the probation officer and a determination by the
enumeration is not inclusive. Probation
court.
statutes are liberal in character and enable
the courts to designate practically ANY term
E. CRITERIA FOR PLACING AN it chooses, as long as the probationers
OFFENDER ON PROBATION Constitutional rights are not jeopardized.
The Court shall consider: Also, they must not be unduly restrictive
1. All information relative to the character, of probationer, and not incompatible with the
antecedents, environment, mental, and freedom of conscience of probationer.
physical condition of the offender.
2. Available institutional and community I. PERIOD OF PROBATION
resources. FOR HOW LONG MAY A CONVICT BE
PLACED ON PROBATION?
F. PROBATION SHALL BE DENIED IF 1 If the convict is sentenced to a term of
THE COURT FINDS THAT: imprisonment of NOT more than one
CODE: (CoRD) year, the period of probation shall not
a Offender is in need of correctional exceed two years.
treatment 2. In all other cases, if he is sentenced to
a There is undue risk of committing more than one year, said period shall not
another crime exceed six years.
a Probation will depreciate the 3. When the sentence imposes a fine only
seriousness of the offense committed and the offender is made to serve
subsidiary imprisonment, the period of
probation shall be twice the total number of
G. DISQUALIFIED OFFENDERS:
days of subsidiary imprisonment.
THE BENEFITS OF THIS DECREE SHALL NOT
BE EXTENDED TO THOSE:
a. Sentenced to serve a maximum of
J. ARREST OF PROBATIONER
imprisonment of more than 6 years. AND SUBSEQUENT DISPOSITIONS.
b. Convicted of subversion or any crime 1. At any time during probation, the court
against the national security or the may issue a warrant for the ARREST of a
public order. probationer for any serious violation of the
conditions of probation.
c. Previously convicted by final judgment
of an offense punished by imprisonment of 2. If violation is established, the court may
(a) REVOKE his probation, or (b) continue
33
his probation and MODIFY the conditions or more degrees, destierro is the proper
thereof. This order is not appealable. penalty
3. If revoked, the probationer shall SERVE
the sentence originally imposed.
ART. 89. HOW CRIMINAL LIABILITY
K. TERMINATION OF PROBATION IS TOTALLY EXTINGUISHED
The Court may order the final discharge of the
probationer upon finding that, he has fulfilled the CRIMINAL LIABILITY IS TOTALLY
terms and conditions of his probation. EXTINGUISHED:
CODE: (D SAAPP M)
L. EFFECTS OF TERMINATION OF 1. By the DEATH of the convict as to
PROBATION personal penalties; BUT as to pecuniary
1. Case is deemed terminated. penalties, liability is extinguished only when
the death of the offender occurs before final
2. Restoration of all civil rights lost or
judgment;
suspended.
3. Fully discharges liability for any fine
a. Whether before or after final judgment,
death extinguishes CRIMINAL
imposed.
LIABILITY, as this penalty is deemed
personal. Not so with pecuniary
Note that the probation is NOT
penalties, which are only
coterminous with its period. There must first extinguished (as they arise from the
be an order issued by the court discharging delict) when death occurred before
the probationer. final judgment.
b. Meaning when the accused died
while the judgment of conviction
ART. 83. SUSPENSION OF THE against him was pending in appeal,
EXECUTION OF THE DEATH his CIVIL AND CRIMINAL LIABILITY
SENTENCE was extinguished by his death;
UNLESS claim for civil liability may be
Death sentence shall be suspended when the predicated on a source of obligation
accused is a: other than delict.
1. Woman, while pregnant; c. Death of the offended party does not
2. Woman, within one (1) year after extinguish the criminal liability of the
delivery; offender because the offense is
3. Person over seventy (70) years of age; committed against the State.
4. Convict who becomes insane, after 2. By SERVICE OF SENTENCE;
final sentence of death has been 3. By AMNESTY, which completely
pronounced. extinguishes the penalty and all its effects.
Amnesty is an act of the sovereign power
granting oblivion or a general pardon for a
ART. 87. DESTIERRO past offense, and is rarely if ever exercised
in favor of a single individual, and is usually
ONLY IN THE FOLLOWING CASES IS exerted in behalf of certain classes of
DESTIERRO IMPOSED: persons who are subject to trial but have not
CODE: (E-BCP) yet been convicted.
1. Death or serious physical injuries is 4. By ABSOLUTE PARDON; Pardon is
caused or are inflicted, under exceptional an act of grace, proceeding from the power
circumstances (Art. 247); entrusted with the execution of the laws,
which exempts the individual on whom it is
2. Failure to give bond for good behavior bestowed from the punishment the law
(Art. 284); inflicts for the crime he has committed.
3. Penalty for the concubine in
concubinage (Art. 334); DISTINCTIONS
4. When, after reducing the penalty by one
34
CODE: 1. Being a 6. Being by

(ANY CONVICT LOOKS FORWARD, CIVIL PRIVATE ACT by Proclamation of
R PRIVATE) the President, must the Chief
PARDON AMNESTY be pleaded and Executive with
proved by the the concurrence
1. Includes any 1. A blanket person pardoned of Congress, is a
crime and is pardon to classes PUBLIC ACT of
exercised of persons or which the courts
individually by the communities who should take
President may be guilty of notice
political
offenses
1. Exercised when 2. May be 5. By PRESCRIPTION OF THE CRIME;
the person is exercised even Prescription of the Crime is the
already convicted before trial or forfeiture or loss of the right of the State to
investigation is prosecute the offender, after the lapse of a
had certain time.
1. Merely looks 3. Looks 6. By PRESCRIPTION OF THE PENALTY;
FORWARD and BAKCWARD and Prescription of the Penalty is the loss
relieves the abolishes and or forfeiture of the right of the Government to
offender from the puts into oblivion execute the final sentence, after the
consequences of the offense lapse of a certain time
an offense of which itself; it so Conditions necessary:
he has been overlooks and a. That there be final judgment;
convicted; it does obliterates the
not work for the offense with b. That the period of time prescribed by
restoration of the which he is law for its enforcement has elapsed
rights to hold public charged that the 7. By THE MARRIAGE OF THE
office, or the right of person released OFFENDED WOMAN with the offender in
suffrage, unless by amnesty the crimes of rape, abduction, seduction,
such rights be stands before the and acts of lasciviousness. In the crimes of
expressly restored law precisely as rape, seduction, abduction, or acts of
by means of pardon though he had lasciviousness, the marriage, as provided
committed no under Art. 344, must be contracted by the
offense offender in good faith.
1. Does not alter 4. Makes an ex- ART. 94. PARTIAL EXTINCTION OF
the fact that the convict no longer CRIMINAL LIABILITY
accused is a a recidivist,
recidivist as it because it CRIMINAL LIABILITY IS PARTIALLY
produces only the obliterates the EXTINGUISHED:
extinction of the last vestige of the 1. By CONDITIONAL PARDON;
personal effects of crime
the penalty 2. By COMMUTATION OF THE
SENTENCE;
1. Does not 1. Does not 3. For GOOD CONDUCT ALLOWANCES
which the culprit may earn while he is
extinguish the civil extinguish the
serving sentence;
liability of the civil liability of the
offender offender 4. By PAROLE;
a. Parole is the suspension of the
sentence of a convict, after serving the
minimum term of the indeterminate
penalty, without granting a pardon,
prescribing the terms upon which the
sentence shall be suspended
35
b. If the convict fails to observe the A CRIME HAS A DUAL CHARACTER:

conditions of the parole, the Board of 1. As an offense against the State,
Pardons and Parole is authorized to (1) because of the disturbance of the social
direct his ARREST, AND RETURN TO order; and
CUSTODY and thereafter; (2) to CARRY 2. As an offense against the private person
OUT HIS SENTENCE WITHOUT injured by the crime, UNLESS it involves the
DEDUCTION of the time that has crime of treason, rebellion, espionage,
elapsed between the date of the parole contempt, and others wherein no civil liability
and the subsequent arrest. arises on the part of the offender, either
because there are no damages to be
Distinctions compensated or there is no private
Conditional Parole person injured by the crime
Pardon
1. May be given 1. May be EFFECT OF ACQUITTAL
at any time after given after the Extinction of the penal action does NOT
carry with it extinction of the civil; UNLESS the
final judgment; prisoner has
extinction proceeds from a declaration in a final
is granted by the served the judgment that the fact from which the civil
Chief Executive minimum liability might arise did not exist.
under the penalty; is
provisions of the granted by the EFFECT OF DISMISSAL OF CASE
Administrative Board of The Dismissal of the information or the
Code Pardons and criminal action does NOT affect the right of the
Parole under offended party to institute or continue the civil
the provision of action already instituted arising from the offense,
the because such dismissal or extinction of the
Indeterminate penal action dose not carry with it the extinction
of the civil one
Sentence Law
1. For violation 1. For violation EFFECT OF DEATH
of the conditional of the terms of 1. Only the criminal liability (including the
pardon, the the parole, the fine which is pecuniary), but not the civil
convict may be convict CANNOT liability of the accused, is extinguished by
ordered re- BE PROSECUTED his death.
arrested or re- UNDER ART. 159
of the RPC, he
2. Civil liability may exist, although the
incarcerated by accused is not held criminally liable, in the
the Chief can be re- following cases:
Executive, or may arrested and
(a) Acquittal on reasonable doubt
be re-
(b) Acquittal from a cause of non-
PROSECUTED incarcerated
imputability
under Art. 159 of to serve the
(c) Acquittal in the criminal action for
the Code unserved
negligence
portion of his
(d) When there is only civil liability
original penalty
(e) In case of independent civil
actions
5. by PROBATION. Please see Probation
Law. ART. 104. WHAT IS INCLUDED IN
CIVIL LIABILITY
THREE CATEGORIES:
ART. 100. CIVIL LIABILITY OF A
1. Restitution
PERSON GUILTY OF FELONY
2. Reparation of damage caused
36
3. And indemnification for consequential

damages
ART. 106. REPARATION - HOW

MADE
By the payment of the actual price of the thing
plus its sentimental value.
-End of Book One-
37

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SAN BEDA COLLEGE OF LAW, 2000-2001

MEMORY AID in CRIMINAL LAW

MEMORY AID IN Revised Penal Code.

CRIMINAL LAW 3. PROSPECTIVE, in that a penal law

cause an injury to another.

GENERAL ELEMENTS OF FELONIES: 3. Mala Prohibita- this is the third class of

2. Malum Prohibitum violation of special Malum in se Malum

1. GOOD FAITH 1. Good faith is

execution was due to cause or

would commit a crime not agreed upon, the REQUISITES:

ART. 11. JUSTIFYING

Test of reasonable necessity: What 5. Relatives by consanguinity within

lawful purpose 1. Since there is 1. Since there is

DISTINCTIONS 2 TESTS OF INSANITY:

4. A PERSON WHO WHILE DISTINGUISHED FROM

of stranger, unlawful aggression must be

party. 1. It is necessary 1. The

DISTINCTIONS REASON: When there are causes

REQUISITES OF VOLUNTARY SURRENDER: analogous to those mentioned in

PARAGRAPH 10: SIMILAR AND 2. SPECIFIC-- those that apply only to

ENUMERATED: 1. It must be 1. Must also be

2. NOT APPLIED: The circumstance, considered a public authority or a person in

The chief of police should therefore be Is disregard of sex absorbed in

treachery? are occupants of the same house, even if

1. Public 1. Public recognized, or to secure himself against

Exceptions: Recidivism must be taken into account

1. It is always to 1. It is NOT 3. A sufficient lapse of time between the

offended party. insure the execution of the crime.

physical pain in the consummation of the and descendant.

THE ALTERNATIVE CIRCUMSTANCES ARE: 2. INTOXICATION--

RULES RELATIVE TO LIGHT FELONIES Two ways of directly forcing

As a rule, only natural persons can be the REQUISITES (Principal by inducement,

determining cause of the 3. Inducement 1. The

previous supply RELATION) CONTEMPLATED IN PAR. 3 OF ART. 19

The responsibility of the accomplice is to ACCESSORY DISTINGUISHED FROM

2 CLASSES OF ACCESSORIES ARE

Different juridical conditions of penalty: AN EX POST FACTO LAW IS ANY ONE

has no reason to insist on its payment.

THE FOLLOWING ARE NOT

Note that paragraph No. 2 does not

1. Extinguishes 1. Does NOT

of execution (consummated, frustrated, or

4. Where one of the offenses is penalized 1. Each act 1. The

In this diagram, O represents the penalty

the penalty, without however exceeding the

REQUISITES OF HABITUAL DELINQUENCY:

by an ordinance 3. This rule shall apply only when the

ART. 72. PREFERENCE IN THE

ART. 70. SUCCESSIVE SERVICE OF

THE THREE-FOLD RULE INDETERMINATE

CODE: 1. Being a 6. Being by

b. If the convict fails to observe the A CRIME HAS A DUAL CHARACTER:

3. And indemnification for consequential

ART. 106. REPARATION - HOW

-End of Book One-

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