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Penal&es
Penal&es
RPC, art. 21-88

I. I.
CONSTITUTIONAL LIMITATIONS CONSTITUTIONAL LIMITATIONS
A.Nature
B.Content

CONSTITUTIONAL LIMITATIONS CONSTITUTIONAL LIMITATIONS

Nature
1. Ex post facto law and bill of a7ainder (22)
2. Due process (1)
3. No cruel and inhuman punishment (19)
B. Content
1. Freedom of speech, expression,
press, assembly, peIIon government (4)
2. Freedom of Religion (5)
3. Liberty of abode (6)
4. Freedom of AssociaIon (8)
5. Freedom of PoliIcal beliefs (18)
6. No imprisonment for debt or poll tax (20)

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STATUTORY LIMITATIONS
B. Civil Code
Art. 2. Laws shall take eect aTer fiTeen days
following the compleIon of their publica&on in the
Ocial Gaze7e, unless it is otherwise provided. This
Code shall take eect one year aTer such publicaIon.
PENALTIES THAT MAY BE IMPOSED
Art. 21. Penal&es that may be imposed. No
felony shall be punishable by any penalty not
prescribed by law prior to its commission.
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STATUTORY LIMITATIONS
A. Revised Penal Code
Art. 21. Penal&es that may be imposed. No felony
shall be punishable by any penalty not prescribed by
law prior to its commission.
Art. 22. Retroac&ve eect of penal laws. Penal Laws
shall have a retroac&ve eect insofar as they favor the
persons guilty of a felony, who is not a habitual
criminal, as this term is defined in Rule 5 of Ar&cle 62 of
this Code, although at the &me of the publica&on of
such laws a final sentence has been pronounced and the
convict is serving the same.
PENALTIES THAT MAY BE IMPOSED
RPC, art. 21, 24, 25
Art. 24. x x x not be considered x x x penal&es:
1. The arrest and temporary deten&on of
accused persons, as well as their detenIon by
reason of insanity or imbecility, or illness
requiring their confinement in a hospital.
2. The commitment of a minor to any of the
insItuIons menIoned in ArIcle 80 and for the
purposes specified therein.
3. Suspension from the employment of public oce
during the trial or in order to insItute proceedings. >
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PENALTIES THAT MAY BE IMPOSED PENALTIES THAT MAY BE IMPOSED

4. Fines and other correcIve measures which,

in the exercise of their administra&ve
disciplinary powers, superior ocials may Principal PenalIes
impose upon their subordinates.
5. DeprivaIon of rights and the reparaIons
which the civil laws may establish in penal Accessory PenalIes
form.

PENALTIES THAT MAY BE IMPOSED PENALTIES THAT MAY BE IMPOSED

Principal PenalIes Principal PenalIes
Capital punishment: Death.
Aic5ve penal5es: Reclusion perpetua, Penal5es common to the three
Reclusion temporal, preceding classes:
Perpetual/temporary absolute
disqualificaIon,
Perpetual/temporary special
disqualificaIon, Fine, and
Prision mayor.
Correc5onal penal5es: Prision correccional, Bond to keep the peace.
Arresto mayor,
Suspension,
DesIerro.
Light penal5es: Arresto menor,
Public censure.

PENALTIES THAT MAY BE IMPOSED

ACCESSORY PENALTIES
Accessory PenalIes
Perpetual or temporary absolute disqualificaIon, Death PAD/CI 30
Perpetual or temporary special disqualificaIon, Reclusion Perpetua PAD/CI
Suspension from public oce, the right to vote and Reclusion Temporal PAD/CI
be voted for, the profession or calling, Prision Mayor TAD/PSD-vote
Civil interdicIon, Prision Correccional S-POf/PSDVote
Suspension
IndemnificaIon,
Des5erro
Forfeiture or confiscaIon of instruments
Arresto Mayor S-Of/Surage
and proceeds of the oense,
Payment of costs. Arresto Menor S-Of/Surage

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Death penalty Death penalty

a. Const., art. III, sec. 19(1) Republic Act No. 7659
SECTION 19. (1) Excessive fines shall not be Imposed death penalty on heinous crimes
imposed, nor cruel, degrading or inhuman Republic Act No. 9346 (06/24/2006)
punishment inflicted. Neither shall the death
penalty be imposed, unless, for compelling Prohibits death penalty
reasons involving heinous crimes, the People v. Echegaray, 267 SCRA 682
Congress hereaTer provides for it. Any death
penalty already imposed shall be reduced to
reclusion perpetua.

LIFE RECLUSION LIFE RECLUSION

IMPRISONMENT PERPETUA IMPRISONMENT PERPETUA
Imposed for serious Prescribed Does not appear to Entails
oenses penalized by under the have any definite imprisonment
special laws RPC extent or duraIon for at least 30 years
aTer which the
Does not carry with it Carries with it convict becomes
accessory penalIes accessory eligible for pardon
although the
penalIes >
maximum period shall
in no case exceed 40
years

DesIerro
Serious physical injury, death under
excepIonal circumstances (247)
Failure to give bond for good behavior (284)
Concubine (334)
Penalty reduced by one or more degrees
FINE
Art. 26. When aic&ve, correc&onal, or
light penalty. A fine, whether imposed
as a single of as an alterna&ve penalty,
shall be considered an aic&ve penalty, if
it exceeds 6,000 pesos; a correc&onal
penalty, if it does not exceed 6,000 pesos
but is not less than 200 pesos; and a light
penalty if it less than 200 pesos.

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Eects of Perpetual and temporary absolute
disqualifica&on:
1. DeprivaIon of any public oce
2. DeprivaIon of the right to vote in any elecIon
or to be voted upon
3. DisqualificaIon from public employment
4. Loss of rights to reIrement pay or pension
TAD 2 & 3 only during period of penalty
Perpetual absolute disqualifica&on is
eecIve during the lifeIme of the convict and
even aTer the service of the sentence.
ClassificaIon of PenalIes
Principal/Accessory (permanent/temporary
absolute/special disqualificaIon and suspension
may be both)
Divisible/Indivisible (fixed period, 3 periods, no
fixed duraIon)
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Eects of Perpetual and Temporary Special
Disqualifica&on
1. For public oce, profession, or calling
a. DeprivaIon of the oce, employment, profession or
calling aected
b. DisqualificaIon for holding similar oces
2. For the exercise of the right of surage
a. DeprivaIon of the right to vote or to be
elected in an oce
b. Cannot hold any public oce
Civil Interdic&on; Eects;
Depriva&on of the following rights:
1. Parental rights
2. Guardianship over the ward
3. Marital authority
4. Right to manage property and to dispose
of the same by acts inter vivos
ClassificaIon of PenalIes
Subject ma7er/Nature Corporal, deprivaIon of
liberty, restricIon of liberty (des5erro), deprivaIon
of rights (disqualificaIon, suspension), pecuniary
(fine)
Gravity Capital (Death), Aic&ve (Reclusion
Perpetua-Prision Mayor), Correc&onal
(Prision Correccional, Arresto Mayor, DesIerro,
>
Suspension), Light (Arresto Menor, Public
Censure)
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DURATION OF PENALTIES
Reclusion Perpetua 30/40 years
Reclusion Temporal - 12 years, 1 day 20
years
DURATION OF PENALTIES Prision Mayor - 6 years, 1 day 12 years
Temporary Disqualifica5on
Prision Correccional - 6 months, 1 d 6 years
Suspension
Des5erro
Arresto Mayor - 1 month, 1 day 6 months
Arresto Menor - 1 day 1 month

COMPUTATION OF PENALTIES
Art. 28. Computa5on of penal5es. If the
oender shall be in prison, the term of the
duraIon of the temporary penalIes shall be
COMPUTATION OF PENALTIES computed from the day on which the
judgment of convic&on shall have become
final. >

COMPUTATION OF PENALTIES COMPUTATION OF PENALTIES

If the oender be not in prison, the term of
the duraIon of the penalty consisIng of
deprivaIon of liberty shall be computed from
the day that the oender is placed at the
disposal of the judicial authori&es for the
enforcement of the penalty. The duraIon of
the other penalIes shall be computed only
from the day on which the defendant
commences to serve his sentence.
Art. 29. Period of preven&ve imprisonment deducted
from term of imprisonment.
Full &me - IF the detenIon prisoner agrees voluntarily
in wriIng to abide by the same disciplinary rules
imposed upon convicted prisoners, except:
1. Recidivists or have been convicted previously twice or
more Imes of any crime; and
2. When upon being summoned for the execuIon of their
sentence they have failed to surrender voluntarily.
4/5 IF the detenIon prisoner does not agree to abide
by the same disciplinary rules imposed upon convicted
prisoners, (As amended by Republic Act 6127, June 17,
1970).

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COMPUTATION OF PENALTIES
Whenever an accused has undergone prevenIve
imprisonment for a period equal to or more than the
possible maximum imprisonment of the oense
charged to which he may be sentenced and his case
is not yet terminated, he shall be released
immediately without prejudice to the conInuaIon of APPLICATION OF PENALTIES
the trial thereof or the proceeding on appeal, if the
same is under review. In case the maximum penalty
to which the accused may be sentenced is desIerro,
he shall be released aTer thirty (30) days of prevenIve
imprisonment. (As amended by E.O. No. 214, July 10,
1988).

Degree of ParIcipaIon/Stage Homicide (249)

Consummated Frustrated A7empted Consummated Frustrated A7empted

Principals 0 1 2 Principals RT PM PC
(Art. 46) (Art. 50) (Art. 51)
Accomplices 1 2 3 Accomplices PM PC AMa
(Art. 52) (Art. 54) (Art. 56)
Accessories 2 3 4 Accessories PC AMa AMe
(Art 53) (Art. 55) (Art. 57)

Degree of ParIcipaIon Robbery with Homicide (295/297)

Art. 60. ExcepIons to the rules established in Consummated Frustrated A7empted
Arts. 50-57
Cases in which law expressly prescribes the Principals RP-Death RT-RP RT-RP
penalty provided for a frustrated or a7empted (RT) (PM)
felony, or to be imposed upon accomplices or
accessories e.g.: Accomplices RT
A7empted or frustrated robbery with homicide
(reclusion temporal v. reclusion temporal to reclusion
perpetua) (297) Accessories PM
Crimes against chasIty of authoriIes (principal)

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Degree of ParIcipaIon
MiIgaIng and aggravaIng circumstances are
disregarded in graduaIng penalIes
Applied only aTer determinaIon of maximum
and minimum periods
Degree of ParIcipaIon
Second Rule: When
penalty is composed of
two indivisible penal&es
The penalty immediately
following the lesser of the
penalIes
E.g. Parricide (Art.246):
reclusion perpetua to
death
Penalty next lower in
degree: reclusion
temporal
Degree of ParIcipaIon
Fourth Rule: When the penalty
is composed of two indivisible
penalIes and the maximum
period of a divisible penalty
Min and mid of divisible + max
of next lower
e.g. murder (Art. 248):
reclusion temporal in its max
period to death
Maximum of prision mayor to
Minimum and medium periods
of reclusion temporal
Death Third Rule: When the penalty is
Reclusion perpetua
Reclusion temporal
Prision mayor
Prision correccional
Arresto mayor 1 Divisible penalty to be imposed to
Arresto menor
Des5erro
Public censure
fine
Death Fi_h Rule: When the
Reclusion perpetua
Reclusion temporal (max)
Reclusion temporal (mid)
Reclusion temporal (min)
Prision mayor (max)
Prision mayor (mid)
Prision mayor(min)
Prision correccional
Arresto mayor
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Degree of ParIcipaIon
Art. 61. Rules for Death
graduaIng penalIes Reclusion perpetua
First Rule: when penalty Reclusion temporal
is single and divisible Prision mayor
E.g. kidnapping and
failure to return a minor Prision correccional
(Art. 270) penalty: Arresto mayor
reclusion perpetua Arresto menor
penalty next lower in Des5erro
degree: reclusion Public censure
temporal fine
Degree of ParIcipaIon
Death
composed of one or more divisible Reclusion perpetua
penal&es to be imposed to their
Reclusion temporal
full extent
Penalty immediately following the
Prision mayor
lower Prision correccional
Arresto mayor
its full extent: reclusion temporal Arresto menor
Prision mayor Des5erro
2 divisible penalIes: prision Public censure
correccional to prision mayor fine
Arresto mayor
Degree of ParIcipaIon
Reclusion temporal (max)
penalty is composed of
Reclusion temporal (mid)
several periods (at least 3) Reclusion temporal (min)
Period immediately
Prision mayor (max)
following the min and the
Prision mayor (mid)
two immediately following
e.g. prision mayor in its Prision mayor(min)
medium period to Prision correccional (max)
reclusion temporal in its Prision correccional (mid)
minimum period Prision correccional (min)
Arresto mayor
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Degree of ParIcipaIon Degree of ParIcipaIon

Fi_h:
(two periods of same
penalty)
AbducIon (Art. 343)
prision correccional in its
medium and minimum
periods
Arresto mayor mid-max
Prision correccional Fi_h: Prision correccional
(max) (two periods of di (max)
Prision correccional (mid) penalIes) Prision correccional (mid)
Prision correccional (min) E.g. physical injuries Prision correccional (min)
(Art. 263 subsecIon 4) Arresto mayor (max)
Arresto mayor (max) arresto mayor in its max
Arresto mayor (mid)
Arresto mayor (mid) period to prision
correccional in its min Arresto mayor (min)
Arresto mayor (min)
period Des5erro
Des5erro
Arresto mayor (min-mid)

(Remember)
Degree of ParIcipaIon SIMPLIFIED
Degree of ParIcipaIon
If penalty prescribed consists in 3 periods, MiIgaIng and aggravaIng circumstances are
corresponding to dierent divisible penalIes, disregarded in graduaIng penalIes
the penalty next lower in degree is the penalty
consisIng on the 3 periods down in the scale Applied only aTer determinaIon of lower
If penalty prescribed consists in 2 periods, the penalty
penalty next lower in degree is the penalty
consisIng in 2 periods down the scale
If the penalty prescribed by the code consists in
only one period, the penalty next lower in
degree is the next period down the scale

Eect of MiIgaIng, AggravaIng and

Rules on Circumstances (64)
Qualifying Circumstances
Art. 62 Generic 1. No AC and MC Medium
Aggrava&ng circumstances increase the 2. Only MC Minimum
penalty without exceeding the 3. Only AC Maximum
maximum provided by law 4. Both AC and MC, Court will oset
Mi&ga&ng circumstances diminish the penalty
5. 2 or more MC penalty next lower

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Eect of MiIgaIng and AggravaIng Eect of MiIgaIng and AggravaIng

Circumstances
Circumstances which arise from
The moral a7ributes of the oender
evident premeditaIon v passion and obfuscaIon
From his private relaIons with the oended party
family as an alternaIve circumstance
From any other personal cause
Minor with a recidivist
Serve to aggravate or miIgate the liability of
the principals, accomplices and accessories as
to whom such circumstances are a7endant
Circumstances
Circumstances which consist
In the material execuIon of the act
A was not present when B killed C with treachery
In the means employed to accomplish it
A did not know B will poison C
Shall serve to aggravate the liability of those
persons only who had knowledge of them at
the Ime of the execuIon of the act or their
cooperaIon therein
(Reyes says it is impossible to conceive miIgaIng circumstances relaIng
to the commission of the crime that does not apply to all defendants)

Eect of AggravaIng and Qualifying

Eect of AggravaIng Circumstances
Circumstances
Not taken into account to increase penalty: When maximum penalty shall be imposed
ACs which in themselves consItute a crime
by means of fire (art. 14 par. 12) in arson When in the commission of the crime, advantage
by derailment of a locomoIve (art. 14 par. 12) in was taken by the oender of his public posiIon
damages and obstrucIon to means of
communicaIon (art. 330) If the oense was commi7ed by any person who
ACs which are included by law in defining a crime belongs to an organized/syndicated crime group
robbery in the dwelling of the oended party
Abuse of confidence in qualified theT with grave abuse
of confidence
Poison in murder
ACs inherent in the crime
Evident premeditaIon in robbery and theT

INDETERMINATE SENTENCE LAW

1. IF penalty is provided by Special Law

Min and Maximum, within periods
provided by said law
INDETERMINATE SENTENCE LAW

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INDETERMINATE SENTENCE LAW

INDETERMINATE SENTENCE LAW
Not Applicable
2. If penalty provided for under RPC Unfavorable to the accused
Treason, conspiracy or proposal to commit treason, piracy
no MC, no AC RT; Max- RT medium
Misprision of treason, rebellion, sediIon or espionage
Min within range of PM
Habitual delinquents
-1 MC RT; Max RT minimum
Min within range of PM Escaped from confinement
- 1 AC RT; Max RT maximum Violated terms of condiIonal pardon
Min within range of PM Maximum term does not exceed one year
- MC & AC - oset
Convicted prior to eecIvity of law
- Complex - Penalty for graver oense, maximum
- Minimum at penalty next lower DesIerro or suspension
If oense is punishable by reclusion perpetua to death

ImposiIon of Fines ImposiIon of Fines

Art. 66
In imposing fines, the courts may fix any
amount within the limits established by law
The court must consider:
The miIgaIng and aggravaIng circumstances
More parIculary, the wealth or means of the
culprit
Wealth or means of culprit is main
consideraIon in fine
PosiIon and standing of accused
considered aggravaIng in gambling
BUT miIgaIng and aggravaIng circumstances
are not disregarded

Crime Dierent from that Intended

Art. 49: Penalty to be imposed when
the crime commi7ed is dierent from
that intended
SPECIAL CASES Commiaed > Intended: max of intended
Commiaed < Intended: max of commi7ed
If the act commi7ed also consItutes an
a7empt or frustraIon of another crime:
higher penalty for a7empt or frustrated
If a7empted: maximum

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AddiIonal Penalty for Certain

Accessories Impossible Crime
Art. 58 Those accessories falling within Art. 59
the terms of par. 3 art. 19 who should act Arresto mayor or a fine (200-500 Pesos)
with abuse of their public func&ons,
Basis:
shall suer the addiIonal penalty of absolute
Social danger
perpetual disqualifica&on if the principal
Degree of criminality
shall be guilty of a grave felony,
What if impossible crime commi7ed was
and that absolute temporary disqualifica&on
a light felony?
if he shall be guilty of a less grave felony Art. 59 covers only grave and less grave felonies

Eect of Habitual Delinquency

Who is a habitual delinquent? Habitual delinquency has the eect
Within a period of 10 years from the date of his of increasing the penalty and
last release or last convic&on of the :
Serious or less serious physical injuries
imposing an addiIonal penalty
Robo (robbery)
Hurto (theT)
Estafa (swindling)
FalsificaIon
He is found of any said crimes a third &me
or oTener

Eects of Habitual Delinquency Eect of Habitual Delinquency

Habitual Delinquency Recidivism
Subsequent crime must be commi7ed
Crimes are specified Accused, on the date of AFTER convicIon of former crime
trial, have been convicted Oense Date of Date of Convic&on
10 years from last
by final judgment of Commission
convicIon or release another crime within the
3 or more Imes same &tle of the Code TheT January 1920 October 1921
AddiIonal penalty is No period of Ime Estafa September 1921 December 1921
imposed Second convicIon is Robbery January 1930 March 1931
sucient FalsificaIon February 1931 December 1931
>>can a habitual delinquent Only increases penalty to
Serious physical November 1, 1932 December 4, 1932
maximum (if not oset)
not be a recidivist? YES injuries
Less serious physical November 1, 1932 December 7, 1932
injuries

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Eect of Habitual Delinquency Eect of Habitual Delinquency

(ComputaIon) (ComputaIon)
Crime commiaed Date of Convic&on Date of Release Oenses Date of Commission Date of Date of Release
Convic&on
TheT June 1915 July 1916 TheT August 1914 April 1915 September 1916
Robbery May 1920 October 1922
Estafa November 1920 April 1923 April 1925
The_ August 1937 September 1940 Robbery July 1932 April 1934
Crime Charged October 1946
When to start counIng?(Date of release v date of convicIon)
For Estafa: April 1915 or September 1916 both within 10 years
10-yr period computed from last convic&on or last
For Robbery: April 1925
release 10-yr period counted to the date of convic&on If date of convicIon, an oender can escape being a habitual
not to the date of commission of subsequent oense delinquent
^ Habitual Delinquent or Recidivist? RECIDIVIST!

Eect of Habitual Delinquency Eect of Habitual Delinquency

The culprit shall be sentenced to the penalty
provided by law for the last crime of which he
be found guilty
AddiIonal penalty is mandatory.
AddiIonal penalty
rd
3 convicIon: +prision correccional (mid-max)
4th convicIon: +prision mayor (min-mid)
5th convicIon: +prision mayor (min) to reclusion
temporal (min)
Total penalIes not to exceed 30 years
ConvicIon on the same day or about the
same Ime are considered as one only
AddiIonal penalIes are reformatory and should be
gradual
Crimes on the same date but convicted on di.
dates are considered only one
Previous convicIons are considered every Ime a
new oense is commi7ed, even a7empted or
frustrated
Applies to accomplices and accessories

Art. 63. Rules for the applica&on

Incomplete ExempIng Circumstances
Art. 67
When all the condiIons required to exempt from
criminal liability (in Art. 12 no.4) are not present,
Lawful act
Performed with due care
Injury caused my accident
No fault or intent to cause injury
the penalty of arresto mayor in its max period to prision
correccional in its min period shall be imposed if he shall
have been guilty of a grave felony
And arresto mayor in its minimum and medium
periods, if of a less grave felony
of indivisible penal&es.
(Reclusion Perpetua to Death)
1. 1 AC - the greater penalty shall be applied.
2. No AC/MC - the lesser penalty shall be applied.
3. Some MC. No AC - the lesser penalty shall
be applied.
4. Both MC and AC - the court shall reasonably
allow them to oset one another in consideraIon of
their number and importance,

13

Incomplete JusIfying or ExempIng
Circumstances
Art. 69
A penalty lower by one or two degrees than
that prescribed by law shall be imposed
if the deed is not wholly excusable by reason of the
lack of some of the condiIons required to jusIfy the
same or to exempt from criminal liability (accdg to
Art. 11 and 12)
Provided that the majority of such condi&ons
be present
The courts shall impose the penalty in the period which
may be deemed proper, in view of the number and
nature of the condiIons of exempIon present
THREE-FOLD RULE
THREE-FOLD RULE
Maximum duraIon of sentence is not more than
three Imes the length of the most severe penalty,
but maximum is 40 years
Applies only when there are at leas four (4)
sentences (not logical if only 3)
If sentence already served not to be counted or
considered
Subsidiary imprisonment counted (added to
principal)
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Incomplete JusIfying or ExempIng
Circumstances
Unlawful aggression is indispensable in self-defense,
defense of relaIves and defense of stranger
Art. 69 include incomplete jusIfying and incomplete
exempIng circumstances, provided the majority of the
condi&ons is present
The court has the discreIon to impose one or two
degrees lower than that prescribed by law
When the majority of the requisites of self-defense
and two miIgaIng circumstances are present (w/o
aggravaIng), the penalty is 3 degrees lower
Three systems of execu&on of penalty
Material accumulaIon system no limitaIon
Juridical accumulaIon Art. 70 par. 4, 5 and
6, applies 3-fold rule
AbsorpIon system absorpIon of penalIes
(Art 48 complex crime, conInuing crime,
specific crimes like robbery with homicide
THREE-FOLD RULE
If already serving sentence when 2nd
sentence came, first sentence should be
served before 2nd sentence commences
Successive service of sentence most
severe first
Arresto menor before desIerro
14

CASES
People v. Simon
the penalty to be imposed where the quanIty
of the drugs involved is less than the quanIIes
stated in the first paragraph shall range from
prision correccional to reclusion temporal,
and not reclusion perpetua.
the penalty therefor is actually taken from
the Revised Penal Code in its technical
nomenclature
Rosa Lim v. People, G.R. No. 130038,
18, September 2000
the penalty to be imposed for violaIon of B.P.
No. 22, the philosophy underlying the
Indeterminate Sentence Law applies. The SC
deleted the prison sentence imposed on
peIIoners. It imposed on them only a fine
double the amount of the check issued.
12/4/15
People v. Simon, G.R. No. 930280, 29
July 1994, 234 SCRA 555 (1994)
SecIon 4 of Republic Act No. 6425, as now
further amended, imposes the penalty of
reclusion perpetua to death, if what is
involved is 750 grams or more, if the quanIty
involved is less, the penalty shall range from
prision correccional to reclusion perpetua
(overlap of reclusion perpetua)
People v. Simon
the presence or absence of miIgaIng,
aggravaIng or other circumstances modifying
criminal liability should be taken into account.
where the penalIes under the special law are
dierent from and are without reference or
relaIon to those under the Revised Penal
Code, there can be no suppletory eect of
the rules for the applicaIon of penalIes under
said Code
People v. Gabres, 267 SCRA 581, 595-
596 (1997)
the minimum shall be "within the range of the
penalty next lower to that prescribed" for the
oense. The penalty next lower should be based on
the penalty prescribed by the Code for the oense,
without first considering any modifying
circumstance aaendant to the commission of the
crime.
15

People v. Gabres
The determinaIon of the minimum penalty is
leT by law to the sound discreIon of the court
and it can be anywhere within the range of
the penalty next lower without any reference
to the periods into which it might be
subdivided. The modifying circumstances
are considered only in the imposi&on of the
maximum term of the indeterminate
sentence.
People v. Oyanib, G.R. No. 130634-35,
12 March 2001
The Court sentences accused Manolito Oyanib y
Mendoza to two (2) years and four (4) months
of desIerro. He shall not be permi7ed to enter
Iligan City, nor within a radius of one hundred
(100) kilometers from Iligan city.
People v. Formigones, 87 Phil. 658 (1950)
the Supreme Court in arming the judgment of
convicIon sentencing defendant to reclusion
perpetua, said that notwithstanding the numerous
mi&ga&ng circumstances found to exist, inasmuch as
the penalty for parricide as fixed by arIcle 246 of the
Revised Penal Code is composed of two indivisible
penalIes, namely, reclusion perpetua to death,
paragraph 3 of ar&cle 63 of the said Code must be
applied.
12/4/15
People v. Lampaza, 319 SCRA 112 (1999)
Under the law in eect when the crime was
commi7ed, the penalty for simple rape was
reclusion perpetua. In imposing a lower
indeterminate penalty, the trial court erred,
because the Indeterminate Sentence Law
does not apply when the oense involved
is punishable with reclusion perpetua.
People v. Ducosin, 59 Phil. 109 (1933)
The Indeterminate Sentence Law, Act No.
4103, simply provides that the "minimum"
shall "not be less than the minimum
imprisonment period of the penalty next
lower." In other words, it is leT enIrely within
the discreIon of the court to fix the minimum
of the penalty
PROBATION
16

PROBATION
"Proba&on" is a disposi&on under which a
defendant, a_er convic&on and sentence,
is released subject to condi&ons imposed
by the court and to the supervision of a
proba&on ocer.
PROBATION (Disqualified)
(c) who have previously been convicted by
final judgment of an oense punished by
imprisonment of not less than one month
and one day and/or a fine of not less than
Two Hundred Pesos;
(d) who have been once on proba&on
under the provisions of this Decree; and
PROBATION (Period)
Sec&on 14. Period of Proba&on.
(a) The period of probaIon of a defendant
sentenced to a term of imprisonment of
not more than one year shall not exceed
two years, and in all other cases, said period
shall not exceed six years.
12/4/15
PROBATION (Disqualified)
Sec&on 9. Disqualified Oenders. The
benefits of this Decree shall not be
extended to those:
(a) sentenced to serve a maximum term
of imprisonment of more than six years;
(b) convicted of any oense against the
security of the State; >
PROBATION (Disqualified)
(e) who are already serving sentence at the
Ime the substanIve provisions of this Decree
became applicable pursuant to SecIon 33
hereof.
PROBATION (Period)
(b) When the sentence imposes a fine only
and the oender is made to serve subsidiary
imprisonment in case of insolvency, the
period of proba&on shall not be less than
nor to be more than twice the total number
of days of subsidiary imprisonment as
computed at the rate established, in ArIcle
thirty-nine of the Revised Penal Code, as
amended.
17

Francisco v. Court of Appeals, 243 SCRA 384 (1995)
Yusi v. Morales, 121 SCRA 854 (1983)
Cal v. Court of Appeals, 251 SCRA 523 (1995)
Llamado v. Court of Appeals, 174 SCRA 566 (1989)
The prevailing jurisprudence treats
appeal and proba&on as mutually
exclusive remedies
Baclayon v. MuIa, 129 SCRA 148, 154 (1984)
imposed as a condi&on in gran&ng
proba&on to peIIoner FlorenIna L. Baclayon
that she refrain from con&nuing with her
teaching profession. Not allowed.
An order placing defendant on "probaIon" is
not a "sentence" but is rather in eect a
suspension of the imposiIon of sentence
PLURALITY OF CRIMES
12/4/15
Salgado v. Court of Appeals, 189 SCRA
304 (1990)
The trial court is given the discreIon to
impose condiIons in the order granIng
probaIon "as it may deem best." As already
stated, it is not only limited to those listed
under SecIon 10 of the ProbaIon Law.
(indemnificaIon)
Bala v. MarInez, 181 SCRA 459 (1990)
ProbaIon is revocable before the final discharge of
the probaIoner by the court, contrary to the
peIIoner's submission.
The probaIon having been revoked, it is imperaIve
that the probaIoner be arrested so that he can serve
the sentence originally imposed. The expiraIon of the
probaIon period of one year is of no moment, there
being no order of final discharge as yet
PLURALITY OF CRIMES
PLURALITY OF CRIMES consists in the
successive execuIon by the same individual
of dierent criminal acts upon any of which
no convicIon has yet been declared.
18

PLURALITY OF CRIMES; Kinds
1. Formal or Ideal only one criminal liability.
Formal or ideal crimes are further divided into
three groups, where a person commiwng
mulIple crimes is punished with only one
penalty:
- complex crime
- single penalty for two
oenses - conInued crimes
CONTINUED CRIME refers to a single crime
consisIng of a series of acts but all arising from one
criminal resoluIon. Although there is a series of acts,
there is only one crime commi7ed, so only one
penalty shall be imposed.
COMPLEX CRIME
2 Kinds Of Complex Crimes:
1. compound crime single act consItutes
2 or more grave or less grave felonies
2. complex crime proper when an oense
is a necessary means for commiwng another
12/4/15
PLURALITY OF CRIMES; Kinds
2. Real Or Material there are dierent
crimes in law as well as in the conscience of
the oender. In such cases, the oender shall
be punished for each and every oense that
he commi7ed.
COMPLEX CRIME
COMPLEX CRIME although there actually
are two or more crimes, the law treats them
as consItuIng only one- as there is only one
criminal intent. Only one informaIon need
be filed. (Art. 48)
COMPLEX CRIME
1. COMPOUND CRIME - Requisites:
a. that only one single act is performed by
the oender
b. that the single act produces
i. 2 or more grave felonies
ii. one or more grave and one or more
less grave felonies
iii. 2 or more less grave felonies
19

COMPLEX CRIME
COMPOUND CRIME
Hand grenade (murder, a7empted murder)
One shot two killed
Several light felonies not complex, punished
separately, or absorbed by grave felony, direct
assault absorbs SPI, rape absorbs SPI
Rape with homicide, arson with homicide Special
complex crime (not covered by 48)
Several shots if one criminal intent complex
COMPLEX CRIME
COMPLEX CRIME PROPER
MalversaIon through falsificaIon of cedula, rape
through abducIon,
There must be a single purpose
Trespass to dwelling as means to commit rape,
homicide not complex aggravaIng
- not applicable if oense commi7ed to conceal
another (arson to cover homicide)
NO COMPLEX CRIME
5.When the law provides one single penalty
for special complex crime:
a. Robbery with Homicide
b. Robbery with Rape
c. Rape with Homicide
d. Kidnapping with Serious Physical
Injuries e. Kidnapping with Homicide
12/4/15
COMPLEX CRIME
2. COMPLEX CRIME PROPER - Requisites:
1. that at least 2 oenses are commi7ed
2. that one or some of the oenses must
be necessary to commit the other
3. that both or all the oenses must be
punished under the same statute
NO COMPLEX CRIME
1. ConInuing crimes
2. One oense is commi7ed to conceal another
3. A crime is an indispensable part or an
element of the other oenses as defined
4. Where one of the oenses is penalized by a
special law >
COMPLEX CRIME
R.A. 8294 use of unlicensed firearm to
commit murder/ homicide-special aggravaIng
People vs. CasIllo GR No. 131592, February
15, 2000)
Illegal possession of firearm absorbed
in rebellion
Use of illegal drugs subsumed by
possession (R.A. 9165)
20
 12/4/15

COMPLEX CRIME
Enrile v. Salazar, 186 SCRA 217
No complex crime of rebellion with murder

ExIncIon of Criminal Liability

ExIncIon of Criminal Liability ExIncIon of Criminal Liability

1. Death of convict 1. Death
2. Service of Sentence Criminal liability whether before or aTer
3. Amnesty final judgment is exInguished upon death
4. By absolute pardon because it is a personal penalty.
5. By prescripIon of crime
6. PrescripIon of Penalty Pecuniary penalty is exInguished only when
7. By marriage of oended woman (Art. 344) death occurs before final judgment.

ExIncIon of Criminal Liability ExIncIon of Criminal Liability

It is, thus, evident that as jurisprudence 2. Service of the sentence
evolved from CasIllo to Torrijos, the rule
established was that the survival of the civil
G.R. - ExecuIon only upon finality (Art. 78)
liability depends on whether the same can
be predicated on sources of obligaIons other
than delict. Stated dierently, the claim for Suspension - Insanity (Art 79)
civil liability is also exInguished together with - Minority Art. 80 (unIl 21)
the criminal acIon if it were solely based
thereon, i.e., civil liability ex delicto.

21

ExIncIon of Criminal Liability
Suspension of death penalty
- woman while pregnant, within 1 year of delivery
- over 70 years
Death penalty not imposed
- more than 70 years
- on appeal, required number of votes
not reached (8)
- minor 18 years of age
ExIncIon of Criminal Liability
4. Absolute pardon Const., art. VII, sec. 19
Art. 23. Eect of pardon by the oended party.
A pardon of the oended party does not
exInguish criminal acIon except as provided
in ArIcle 344 of this Code; but civil liability
with regard to the interest of the injured
party is exInguished by his express waiver.
ExIncIon of Criminal Liability
Libel or other similar oenses - one year.
Oral defamaIon and slander by deed -
six months.
Light oenses - two months.
When penalty a compound one, the
highest penalty shall be made the basis of
the applicaIon of the rules
12/4/15
ExIncIon of Criminal Liability
3.Amnesty Const., art. VII, sec. 19
ExIncIon of Criminal Liability
5. PrescripIon of the crime - forfeiture or loss
of the right of the state to prosecute the
oender aTer the lapse of a certain Ime
Art. 90. Death, reclusion perpetua or
reclusion temporal - twenty years.
Other aic&ve penalIes - fi_een
years. CorrecIonal penalty - ten
years; Arresto mayor- five years.
ExIncIon of Criminal Liability
Art. 91. Computa5on of prescrip5on of
oenses. from the day on which the
crime is discovered by the oended party,
the authoriIes, or their agents,
22

ExIncIon of Criminal Liability
interrupted by the filing of the complaint
or informa&on,
commence to run again when such
proceedings terminate without the
accused being convicted or acqui7ed, or
are unjusIfiably stopped for any reason not
imputable to him.
shall not run when the oender is
absent from the Philippine Archipelago.
Sec&on 1. Viola&ons penalized by special acts shall,
unless otherwise provided in such acts, prescribe in
accordance with the following rules:
Sec. 2. Prescrip&on shall begin to run from
the day of the commission of the viola&on
of the law, and if the same be not known at
the &me, from the discovery thereof and
the ins&tu&on of judicial proceeding for its
inves&ga&on and punishment.
12/4/15
ACT NO. 3326
- AN ACT TO ESTABLISH PERIODS OF
PRESCRIPTION FOR VIOLATIONS PENALIZED
BY SPECIAL ACTS AND MUNICIPAL
ORDINANCES AND TO PROVIDE WHEN
PRESCRIPTION SHALL BEGIN TO RUN
(a)punished only by a fine or by imprisonment for not
more than one month, or both 1 year;
(b)punished by imprisonment for more than one month,
but less than two years 4 years;
(c)punished by imprisonment for two years or more, but
less than six years 8 years; and
(d)punished by imprisonment for six years or more 12
years , except the crime of treason, (20 years)
(e)Viola&ons penalized by municipal ordinances -
2 months.
The prescrip&on shall be interrupted when
proceedings are ins&tuted against the
guilty person, and shall begin to run again
if the proceedings are dismissed for
reasons not cons&tu&ng jeopardy.
Note Flight to another country not included
23

Sec. 3. For the purposes of this Act, special
acts shall be acts defining and penalizing
viola&ons of the law not included in the
Penal Code.
ExIncIon of Criminal Liability
Art. 93. Computa5on of the prescrip5on of
penal5es. from the date when the culprit
should evade the service of his sentence,
and it shall be interrupted if the defendant
should give himself up, be captured, should
go to some foreign country with which this
Government has no extradiIon treaty, or
should commit another crime before the
expiraIon of the period of prescripIon.
ParIal ExIncIon
of Criminal Liability
12/4/15
ExIncIon of Criminal Liability
6. PrescripIon of the penalty RPC, art. 92 and 93
Art. 92.
1. Death and reclusion perpetua, in twenty years;
2. Other aicIve penalIes, in fi_een years;
3. CorrecIonal penalIes, in ten years; with the
excepIon of the penalty of arresto mayor, which
prescribes in five years;
4. Light penalIes, in one year.
ExIncIon of Criminal Liability
7. Marriage of the oended woman, as
provided in ArIcle 344 of the RPC
In cases of seducIon, abducIon, acts of lasciviousness
(and rape), the marriage of the oender with the
oended party shall exInguish the criminal acIon or
remit the penalty already imposed upon him. The
provisions of this paragraph shall also be applicable to
the co-principals, accomplices and accessories aTer
the fact of the above-menIoned crimes.
ParIal ExIncIon
of Criminal Liability
Art. 94. Par5al Ex5nc5on of criminal liability.
Criminal liability is exInguished parIally:
1. By condiIonal pardon;
2. By commutaIon of the sentence; and
3. For good conduct allowances which
the culprit may earn while he is serving
his sentence.
24
 12/4/15

ParIal ExIncIon ParIal ExIncIon

of Criminal Liability of Criminal Liability
1.CondiIonal pardon RPC, art. 95 2. CommutaIon of the sentence RPC, art. 96

Art. 96. Eect of commuta5on of sentence.

The commutaIon of the original sentence for
another of a dierent length and nature
shall have the legal eect of subsItuIng the
la7er in the place of the former.

ParIal ExIncIon ParIal ExIncIon

of Criminal Liability
3. Good conduct allowances RPC, art. 97, 98 and 99
Art. 97. Allowance for good conduct. DeducIon
1. First two years of his imprisonment - 5d/month
2. 3rd 5th year 8d/month
3. Following years - 10th - 10d/month
4. 11th and successive years 15d/month
of good behavior.
of Criminal Liability
Art. 98. Special 5me allowance for loyalty.
any prisoner who, having evaded the service
of his sentence under the circumstances
menIoned in ArIcle 58 of this Code, gives
himself up to the authoriIes within 48 hours
following the issuance of a proclamaIon
announcing the passing away of the calamity
or catastrophe to in said arIcle - A deducIon
of 1/5 of the period of his sentence

ParIal ExIncIon
of Criminal Liability

Art. 99. Who grants 5me allowances.

Whenever lawfully jusIfied, the Director of VII. CIVIL LIABILITY
Prisons shall grant allowances for good
RPC, art. 100-113
conduct. Such allowances once granted
shall not be revoked.

25

CIVIL LIABILITY
Chua v. Court of Appeals, 443 SCRA 142 (2004)
In the case before us, there was neither a waiver
nor a reserva&on made; nor did the oended party
ins&tute a separate civil ac&on. It follows that
evidence should be allowed in the criminal
proceedings to establish the civil liability arising
from the oense commiaed, and the private
oended party has the right to intervene through
the private prosecutors.
CIVIL LIABILITY
Art. 101. Rules regarding civil liability
in certain cases.
CIVIL LIABILITY
Should there be no person having such insane,
imbecile or minor under his authority, legal
guardianship or control, or if such person be
insolvent, said insane, imbecile, or minor shall
respond with their own property, excepIng
property exempt from execuIon, in accordance
with the civil law.
12/4/15
CIVIL LIABILITY
Art. 100. Civil liability of a person guilty of
felony. Every person criminally liable for
a felony is also civilly liable.
CIVIL LIABILITY
First. In cases of subdivisions 1, 2, and 3 of ArIcle 12,
the civil liability for acts commi7ed by an imbecile or
insane person, and by a person under nine years of
age, or by one over nine but under fiTeen years of
age, who has acted without discernment, shall
devolve upon those having such person under their
legal authority or control, unless it appears that
there was no fault or negligence on their part.
CIVIL LIABILITY
Second. In cases falling within subdivision 4
of ArIcle 11, the persons for whose benefit
the harm has been prevented shall be civilly
liable in proporIon to the benefit which they
may have received.
26

CIVIL LIABILITY
Third. In cases falling within subdivisions 5
and 6 of ArIcle 12, the persons using
violence or causing the fears shall be
primarily liable and secondarily, or, if there
be no such persons, those doing the act shall
be liable, saving always to the la7er that part
of their property exempt from execuIon.
CIVIL LIABILITY
Art. 103. Subsidiary civil liability of other
persons. The subsidiary liability
established in the next preceding arIcle shall
also apply to employers, teachers, persons,
and corpora&ons engaged in any kind of
industry for felonies commi7ed by their
servants, pupils, workmen, appren&ces, or
employees in the discharge of their duIes.
CIVIL LIABILITY
The subsidiary liability of the employer,
however, arises only aTer convicIon of the
employee in the criminal acIon. All these
requisites present, the employer becomes
ipso facto subsidiarily liable upon the
employee's convic&on and upon proof of
the laaer's insolvency. Needless to say, the
case at bar saIsfies all these requirements
12/4/15
CIVIL LIABILITY
Art. 102. Subsidiary civil liability of innkeepers,
tavernkeepers and proprietors of establishments.
In default of the persons criminally liable, innkeepers,
tavernkeepers, and any other persons or corporaIons
shall be civilly liable for crimes commiaed in their
establishments, in all cases where a viola&on of
municipal ordinances or some general or special
police regula&on shall have been commi7ed by them
or their employees.
CIVIL LIABILITY
Carpio v. Doroja, 180 SCRA 1(1989)
In order that an employer may be held
subsidiarily liable for the employee's civil
liability in the criminal acIon, it should be
shown (1) that the employer, etc. is engaged
in any kind of industry, (2) that the employee
commi7ed the oense in the discharge of his
duIes and (3) that he is insolvent
CIVIL LIABILITY
Philippine Rabbit v. Court of Appeals, 427 SCRA 526
(2004)
The driver cannot be held jointly and severally liable
with the carrier in case of breach of the contract of
carriage. The raIonale behind this is readily
discernible. Firstly, the contract of carriage is
between the carrier and the passenger, and in the
event of contractual liability, the carrier is exclusively
responsible therefore to the passenger, even if such
breach be due to the negligence of his driver
27

CIVIL LIABILITY
What civil liability includes
Art. 104. What is included in civil liability.
The civil liability established in ArIcles 100,
101, 102, and 103 of this Code includes:
1. ResItuIon;
2. ReparaIon of the damage caused;
3. IndemnificaIon for consequenIal damages.
CIVIL LIABILITY
The thing itself shall be restored, even though it be
found in the possession of a third person who has
acquired it by lawful means, saving to the la7er his
acIon against the proper person, who may be liable
to him.
This provision is not applicable in cases in which the
thing has been acquired by the third person in the
manner and under the requirements which, by law,
bar an acIon for its recovery.
CIVIL LIABILITY
Art. 107. Indemnifica5on; What is included.
IndemnificaIon for consequenIal damages shall
include not only those caused the injured party,
but also those suered by his family or by a
third person by reason of the crime.
12/4/15
CIVIL LIABILITY
Art. 105. Res5tu5on; How made. The
resItuIon of the thing itself must be made
whenever possible, with allowance for
any deterioraIon, or diminuIon of value as
determined by the court.
CIVIL LIABILITY
Art. 106. Repara5on; How made. The
court shall determine the amount of
damage, taking into consideraIon the price
of the thing, whenever possible, and its
special senImental value to the injured party,
and reparaIon shall be made accordingly.
CIVIL LIABILITY
Heirs of Raymundo Castro v. Bustos, 27 SCRA 327
1. As indemnity for the death of the vicIm of the
oense P12,000.00, without the need of any
evidence or proof of damages, and even though
there may have been miIgaIng circumstances
a7ending the commission of the oense. (75,000)
Rape with homicide (100,000)
28
 12/4/15

CIVIL LIABILITY CIVIL LIABILITY

2. As indemnity for loss of earning capacity of the . If the deceased was obliged to give support,
deceased an amount to be fixed by the Court under Art. 291, Civil Code, the recipient who
according to the circumstances of the deceased
related to his actual income at the Ime of death and
is not an heir, may demand support from the
his probable life expectancy, the said indemnity to be accused for not more than five years, the
assessed and awarded by the court as a ma7er of exact duraIon to be fixed by the court.
duty, unless the deceased had no earning capacity at
said Ime on account of permanent disability not
caused by the accused

CIVIL LIABILITY CIVIL LIABILITY

3. As moral damages for mental anguish, an 5. As a7orney's fees and expresses of
amount to be fixed by the court. This may be liIgaIon, the actual amount thereof, (but
recovered even by the illegiImate descendants and
only when a separate civil acIon to recover
ascendants of the deceased.
civil liability has been filed or when
4. As exemplary damages, when the crime is a7ended
by one or more aggravaIng circumstances, exemplary damages are awarded).
an amount to be fixed in the discreIon of the 6. Interests in the proper cases.
court, the same to be considered separate from
fines.

CIVIL LIABILITY ART. 112: EXTINCTION OF CIVIL LIABILITY

7. It must be emphasized that the indemniIes for loss 1. payment or performance

of earning capacity of the deceased and for moral
damages are recoverable separately from and in 2. loss of the thing due
addi5on to the fixed sum of P12,000.00 3. condonaIon or remission of the debt
corresponding to the indemnity for the sole fact of 4. confusion or merger of the rights of creditor
death, and that these damages may, however, be
respecIvely increased or lessened according to the and debtor
miIgaIng or aggravaIng circumstances, except items 1 5. compensaIon
and 4 above, for obvious reasons. 6. novaIon

29
 12/4/15

END

30