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Aleezah Gertrude
QUESTION
1. Five different thefts were committed. It has been proved that X, knowing that the oil
which was brought to her for sale was stolen by the person who were seeking to sell it to
her, advised them to continue stealing oil…… physical authors of crime were boys under
15 y/o. They acted upon suggestion of X without discernment or judgment of their own.
What is the liability of X?
2. Not among the civil liability arising ex delictu
3. Does not prescribe even after one year
4. The spouses W and Z comng from Nasugbu returned to their house in Balayan, and
before entering the same called to X, W’s sister who they knew was there……..In the
meantime, X approached the place where X was, who startled immediately awoke and
believing that her honor was in danger, seized a pocketknife, used in spinning hemp…
attacked and struck Z who was near her, a blow in the breast. Under circumstances, can
X plead self-defense?
5. Not a ground to deny probation
6. Who is entitled to good conduct time allowance
7. NP received from JV several jewels…sold on commission with the express obligation on
part of latter to pay to former the proceeds of sale o said jewels or to return hem if
unsold.NP however far from complying with her duty, pawned the said jewels at various
dates during said months as appears from the pawn ticket issued by owner of HF’s
pawnshop where jewels were pledged. Jewels were thus misappropriated and amount of
loan granted thereon embezzled to the prejudice of JV.
8. A barangay captain who, knowing the identity of persons who committed the crime of
arson within his jurisdiction and who merely remained silent
9. GJ, JV and CI together with two deceased DF and FR, were fencing in land of GF, father
of deceased DF….. At that time MN was taking his rest but when he heard the walls of
his house being chissled, he arose and there he saw the fencing going on… MN
apparently lost his equilibrium and he got his gun and shot DF hitting him. AS DF fell
down, FR ran towards the ewwp, and knowing there was a gun in the jeep, MN fired at
FR likewise hitting him. Both DF and FR died. Can MN, after admitting having shot DF
and FR from the window of his house with a shotgun under the foragoing circumstances,
claim that he did so in defense of his person and his rights and therefore he should be
exempt from criminal liability
10. Penalty of an impossible crime
ANSWER
X is a principal by inducement, which inducement not
merely favored the execution of crime but determined
its commissions
Fines
Crimes punishable with arresto mayor
Yes, although the criminal act is not altogether
excusable, she should at least be entitled to benefit of
incomplete self-defense against what at least in her
mind, she thought to be an unprovoked unlawful
aggression against her chastity.
Having been previously convicted by final judgment of
a light felony (i.e., crime carrying the penalty of arresto
menor and/or fine not exceeding P200);
All prisoners, whether serving sentence by final
judgment or mere detention prisoners
JV can recover the jewels from the pawnshop
regardless of whether the latter may have lawfully
acquired the same from NP.
Guilty of dereliction of duty, not merely concealment of
crime
No, MN’s act in killing the deceased was not justifiable
since not all the elements of justification are present;
he should therefore be held responsible for death of his
victims although he could be credited with the special
mitigating circumstance of incomplete defense.
Arresto mayor or fine of not exceeding 200 to 500
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Aleezah Gertrude

11. FC was employed by RP, an army officer, to ge a girl, AM and her aunt. VE went
to army barracks where RP was. RP spoke English and could neither speak nor
understand native language. FC acted as interpreter…FC accompanied by
several privates, at RP’s orer, arrested FB and took him to the barracks to be
then turned over to VF who obeying orders from the same lieutenant, which
orders were translated by FC in order that may be understood by VF, the
proceeds to kill the prisoner n or near cemetery of said town by shooting him.
Can FC be held liable for participating in the killing of FB?
12. When must death of an offender,who is charged with crime in court occur to
extinguish criminal liability and his personal penalties
13. What is the penalty two degrees higher than reclusion temporal, assuming a
case of qualified theft….
14. Light felony prescribes in
15. RA 8294 on June 6,1997, amended cetain provisions of P.D 1866 a special law
penalizing illegal possessor of firearms . With the passage of aforementioned
law, penaly for illegal possession of firearm such as “palik” has been reduced to
prison correctional in its maximum period and fine of not less than 15 thousand
pesos.
16. Disposition under which a defendant, after conviction and sentence is released
subject to conditions imposed by the court and to the supervision of an officer
appointed by court o investigate such referral for investigation or to supervise the
convict
17. Not a ground for partial extinction of criminal liability
18. Does not prevent period of prescription for crimes punishable under special
penal laws from running
19. X, a detention prisoner who is not otherwise a recidivist or habitual delinquent
refused to abide by rules and regulations prescribed for conviction prisoners
serving sentences in institution which he is detained. Should he be convicted of
the offense he is charged with, would he be entitled to credit for time spent in
preventive detention?
20. The prosecution seeks to hold four of accused, XM, XN, ZS and US criminally
liable for the killing of JA and YN, particularly as co-autheors thereof by
pesos
No, because it cannot be held that the act of
interpreting in obedience to orders of his superior, the
latter’s criminal determination, so that it might be
understood by actual perpetrator of rime constituted
cooperation in the commission thereof.
Before final judgment?
Reclusion Perpetua for 40 years with the accessory
penalties of death under Art 40 of RPC, which means
in fine that accused, is not entitled to pardon before
lapse of 40 year period.
2 months
The maximum term of indeterminate sentence should
be that which in view of the attending circumstances,
should be properly imposed under rules of RPC.
Probation
Partial service of sentence
Absence of offender from Philippine Archipelago
Yes, but only to the reduced measure equivalent to 4/5
of time spent in preventive detention
No, because although what the four did amounted to
joining a conspiracy, the RPC in Art 8 does not punish
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Aleezah Gertrude

inducement, considering that they attended the conference and entered no conspiracy as such
opposition to the nefarious scheme while after the commission of murders, they
joined with other accused in celebrating with a fiesta although aside from this,
these four did not cooperate in the commission of crimes nor is it certain that as
relatives or retainers of A, four had influeccne over XS and YS, and that any of
the four said or did anything that determined commission of crimes. Can they be
consipered as co-authors within meaning of Art 17 of RPC?
21. Where three persons planned to rob a house but in carrying I out, only two of Principal because of conspiracy and direct participation
them went into house to break open a trunk and carry off its contents whole the
third merely remained downstairs to engage the owner of the house to distract
the attention of latter.
22. MB and victim, EA together at a restaurant until about 0:00 of same evening, Murder qualified by abuse of superiority and
when MB and EA left for EA’s house, EP the housemaid of victim opened the aggravatedd by outraging or scoffing at corpse of
door for them; saw MB and EA immediately proceeded in EA’s room….. She victim
found that EA was lying on her bed, face down, naked up to the waist, with her
legs spread apart and with broken figurine inside her head….It is established
however that MB had ana intercourse with EA… The muscles of anus did not
close XXXX after death. MB was notorious advantage of height accused had
over his hapless victim. Under circumstances, crime committed is:
23. Not entitled to special time allowance for good conduct All prisoners whether serving sentence by final
judgment or not who have themselves up to authorities
after 48 hours from issuance of proclamation
announcing the passing away of calamity or
catastrophe therein referred to.
24. Under Article 70, the period of perpetual penalties is : 30 years
25. The crime of falsification of public document carries with it an impossible penalty The criminal action has prescribed considering the
of prison correctional in its medium and maximum periods and fine of not more lapse of 10 years after the document was registered
than P5,000.00 [Art 172 RPC]. Being punishable by correctional penalty, this with Register of Deeds.
crime prescribes in 10 years [Art 90,par 3 RPC]. Where public document
allegedly falsified was a notarized deed of sale registered on May 26, 2000 with
the Register of Deeds in the name of he accused but filing of complaint-affidavit
before prosecutor’s office for falsification of public document was however, filed
only on October 18,2011, one month after victim came to know thereof
26. Not necessarily having a duration of six months and one day to six years Suspension when imposed as an accessory penalty
27. Father simply said to his son who was at that time enagegd in combat with Father is not necessarily responsible unless sufficient
another “hit him! Hit him!” After the father spoke those words. His son drew a facts
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Aleezah Gertrude
firearm and shot his adversary.
28. A fine of P6,000.00 whether imposed as a single or alternative penalty is a
29. When is the penalty of arresto menor to be served in the house of defendant
30. The deceased, C coming upon V and L cleaning a caua said to them “what if you
throw away the water as I also can get water easily as you can?” V, indignant at
this allusion replied “Do you want a fight? Wait there.”…. V procured a revolver
and returned to the fied. A brother of V, M, attempted to gain possession of the
revolver and was killed accidentally. Loading the revolver anew, V pointed at C
wounding him in the stomach. The wife of C tried to succor her husband but the
other brother, L stopped her and attacked C with a Bolo. C’ nephew, U was also
wounded. Considering that C was wounded by a pistol fired by V, and it was a
mortal wound, C almost immediately after receiving pistol shot, was wounded
with a bolo by L, this likewise being a mortal wound, and the death of C could
only be attributed to the “wounds”
31. When is the penalty for failure o give bond to keep peace, whenever the convict
is so obliged under his sentence, a period of detention not exceeding THIRTY
(30) days?
32. X, former Treasurer of municipality, malversed public funds, which were carried
out of country by his wife, Y and deposited in the other country. Assuming she
knew the sources of funds but had no participation whatsoever in commission of
malversation
33. AA, EM, and ZM were chargedtoether for killing VA but it is claimed that there is
no eveidence to show that they took any actual part therein. It appears however
that thy were present from time VA was taken from his house until time he was
killed Under the evidence in the case can they be considered as principals?
34. Instance when penal law favorable to the accussed may not be applied
retroactively
35. The Sandiganbayan found AM guilty beyond reasonable doubt of violating
Section 3 (e) of RA 3019, anti-graft and corrupt practices act in all of the eight
information filed by the provincial fiscal against AM and jointly tried before
Sandiganbayan. The Sandiganbayan imposed a penalty that totals 56 years and
8 days of imprisonment
36. The rate at which fine will be converted into subsidiary imprisonment in case of
insolvency
Correctional penalty
If so provided inn decision of court
Both V and L should be convicted but held liable
individually in causing the death of C because where
several individuals, acting independently do acts which
are calculated to produce death of another, each is
responsible for the consequences of his own acts.
If accused shall have been prosecuted for a light felony
Liable as a accessory-after-the-fact under Article 19 of
RPC being excepted from thee exemption extended
under Art. 20 thereof in view of nature of her
participation.
Yes, one who shares the guilty purpose and aids and
abets he commission of crime by his presence at time
of perpetration even though he may not have take an
active part in the material execution is guilty as
principal.
Offender is ahabitual delinquent
The Sandiganbayan obviously did not err because
courts can impose as many penalties as there are
separate and distict offenses committed, since for
every individual crime committed a corresponding
penalty is prescribed by laws.
One day for each amount equivalent to the highest
minimum wage rate prevailing in PH at time of
conviction by trial court
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37. Two vehicles collided at intersection, X driver of vehicle found to be at fault was
convicted of crime of reckless imprudence resulting to damage to property. Can
X’s employer be held subsidiarity liable for payment of civil liability?
38. RB one of the several persons accused in more than 100 counts of estafa thru
falsification of public documents before Sandiganbayan. In the meantime, RB
run for and was elected as Mayor in town in Cavite. Subsequently, BP 195 was
passed amending among oters, Sec 13 RA 3019, providing that any incumbent
public officer against whom any criminal prosecution under valid information
under this act or under title 7 book 2 of RPC or for any offence involving fraud
upon governmet or public funds or property whether as simple or as complex
offense and in whatever stage of execution and mode of participation is pending
in court, shall be suspended from office. On that basis, and in all cases pending
before Sandianbayan in which RB is one of accused, the prosecution filed a
motin to suspend all accused public officers from their public position or from any
other pblic office that they may be holding for 90 days.
39. On the occasion of studets, demonstration being held in vicinity of Feati
university…
40. X pardoned by CE after his conviction for plunder for which he was sentenced to
reclusion perpetua. X wanted to run office and feel he can do so because terms
of pardon are silent about the matter or otherwise does not expressly prevent
him from doing so,
41. No penalty
42. N pecuniary penalty
43. RB was charged if Rape and eventually convicted thereof. Pending of his
conviction, RB died.
44. Not mode of extinguishing penalty of fine
45. What is the period of probation where accused is sentenced to fine and applies
for probation.
Only if, X’s employer is engaged in business or
industry and does not exclusively use the automobile
for private ends.
The Sandiganbayan may issue an order directing the
suspension of all the accused including RB from the
public position or from any other public office tha they
may be holding… for 90 days” as long as the
information in question are shown to be valid and
regardless of when they were fied as such suspension
does not constitute a penalty
No, committing a compex rime, imposable penalty is
already raise to the maximum of most severe penalty
for said crime which is dath; hence no occasion to
consider further any mitigating circumstance.
X cannot run for public office because though
pardoned, by CE extinguished hs criminal liability and
the effects thereof the right to run for public office can
only be restored if expressly remitted in pardon.
Measures of prevention and safety under Art 24 RPC
Restitution
Both the criminal and civil aspect of the case should be
dismissed as death of accused pending appeal for his
conviction extringuishes not only his criminal liability
but also his civil liability
Service of equivalent period of subsidiary
imprisonment in case of insolvency where fiinancuial
circumstances of offender has improved and
thereafter.
It depends on the period fixed by the court but it cannot
be less than nor more than twice the equivalent
number of days of subsidiary imprisonment
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46. In murder case committed by several persons, those who were present from the
time the victim was taken from his office until the time the vitim was killed but
who did not take actual part in said killing are nevertheless guilty as principals;
however those who did not accompany the rest of the party to the place where
victim was killed but who were only detailed to guard the victim’s companion at a
point of distance from place where killing of victim took place
47. In case of accident under Article 12 (4) RPC
48. The mother of tief who helped the latter in selling stolen goods
49. On question of insanity as a defense in criminal cases, and there incidental
corollaries as to legal presumption and kind of quantum of evidence required,
theories abound and authorities are in sharp conflict, Philippine theory applies.
50. A wife prepared the way for the perpetration of crime of rape committed by her
husband upon 12 year old victim by conducting her by force and vilence to place
among the trees, where she called to her husband, a person chiefly interested in
perpetrating crime, delivering victim to her husband and then going away from
the scene of crime so that husband might freely consummate the pre-arranged
rape as the latter did with violence and intimidation
Can be convicted as coprincipals by direct participation
because their voluntary presence lent moral aid to
commission of crime
There is neither criminal nor civil liability incurred
Is liable as an accessory-after-thefact if she acted with
knowledge of stolen character of goods and is not
exempt from criminal liability as such despite her
relationship to principal of crime
Insanity as a defense is a confession and avoidance
and as such must be proved beyond reasonable doubt
when the commission of crime is established and when
the defense of insanity is not made beyond reasonable
doubt, conviction follows.
Principal by indispensable cooperation

OTHER THINGS TO REMEMBER:

 Felonies according to Article 3 of the RPC may be committed by means of Dolo or Culpa. In crimes involving Dolo, there must exist 3
elements (1) Freedom (2) Intelligence (3) intent. On the other hand for culpa, there must be (1) Freedom (2) Intelligence and (3)
Negligence.
 There are crimes wherein mere perpetration therof constitutes as crime regardless of existence of one’s criminal intent. Mala prohibita,
an example of which is the illegal possession of firearms , wherein mere possession itself regardess of criminal intent, already amounts
to crime per se. It should also be noted that in culpable felonies, there is no intent, there is only negligence, nevertheless is regarded as a
rime. Therefore, criminal intent is NOT an element of all crimes.
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 Mistake of Fact exists when a person commis (1) an act that is lawful, (2) Intent I lawful (3) No negligence upon a person committing a
certain act. (Cite U.S v. Ah Chong)
 There are two theories used by courts, the French theory where courts does not acquire jurisdiction over crimes committed on board
merchant vessels unless it affects public safety/security. English theory which is applied by our courts, territorial court acquires
jurisdiction over cries committed on board merchant vessels except when crime merely involves internal matters/ crew problems within
the vessel.
 Mala in se acts which by reason of its nature is regarded as a crime and is deemed punishable. An example of which are rape, murder
and theft. Mala Prohibita crimes are acts which are made punishable by law, an example of which is illegal possession of firearms, it may
not be inherently evil, but mere possession is made punishable by law. As a general rule, mala in se crimes are governed by the RPC
while mala prohibita crimes are governed by special laws.
 Penal laws are those acts of legislature which prohibit certain acts and establish penalties for their violations or those that defines
crimes, treat of their nature and provide for their punishment (Salvador v. Mapa)
 Ex post facto law : penal law only
 Overriding concern of courts in criminal cases is not whether accused is completely innocent but rather whether the quantum if
evidence necessary to prove his guilt was sufficiently met. (Requirement of Proof beyond reasonable doubt)
 Proof beyond reasonable doubt does not mean the degree of proof excluding possibility of error an producing absolute certainty. Only
moral certainty or that degree of proof which produces conviction in an unprejudiced mind is required.
 Courts when prosecution seeks to prove the guilt of accused by means of circumstantial evidence : (a) Act upon with caution (b) All
essential facts must be consistent with hypothesis of guilt of accused. (c) Exclude every other theory but that guilt of accused (d)
Convince beyond reasonable doubt that he was the perpetrator of the offense.
 Except as provided in the treaties and laws of preferential application, the provisions of this code shall be enforced not only within the
Philippine archipelago, including its atmosphere, its interior waters and maritime zones but also outside against those who (1) Should
commit an offense while on PH ship/airship (2) Forge or ccounterfeit any coin or currency note of PH islands or obligations and
securities issued by Gov (3) Liable for acts connected with interoduction of these islands and obligations and securities mentioned in
preceeding number (4) While being public officers or employees, should commit an offense in exercise of function (5) Should commit
any crimes against national security or law of the nations

Criminal Law – A branch of municipal law which defines crimes, treats of their nature and provides for their punishment.

Limitations on the power of Congress to enact penal laws (ON)

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1. Must be general in application.

2. Must not partake of the nature of an ex post facto law.

3. Must not partake of the nature of a bill of attainder.

4. Must not impose cruel and unusual punishment or excessive fines.

Characteristics of Criminal Law:

General – the law is binding to all persons who reside in the Philippines
Territorial – the law is binding to all crimes committed within the National Territory of the Philippines
Exception to Territorial Application: Instances enumerated under Article 2.
Prospective – the law does not have any retroactive effect.
Exception to Prospective Application: when new statute is favorable to the accused.

BASIC MAXIMS IN CRIMINAL LAW

Doctrine of Pro Reo
Whenever a penal law is to be construed or applied and the law admits of two interpretations – one lenient to the offender and one
strict to the offender – that interpretation which is lenient or favorable to the offender will be adopted.
Nullum crimen, nulla poena sine lege
There is no crime when there is no law punishing the same. This is true to civil law countries, but not to common law countries.
Because of this maxim, there is no common law crime in the Philippines. No matter how wrongful, evil or bad the act is, if there is no
law defining the act, the same is not considered a crime.
Actus non facit reum, nisi mens sit rea
The act cannot be criminal where the mind is not criminal. This is true to a felony characterized by dolo, but not a felony resulting
from culpa. This maxim is not an absolute one because it is not applied to culpable felonies, or those that result from negligence.
Utilitarian Theory or Protective Theory
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The primary purpose of the punishment under criminal law is the protection of society from actual and potential wrongdoers. The
courts, therefore, in exacting retribution for the wronged society, should direct the punishment to potential or actual wrongdoers,
since criminal law is directed against acts and omissions which the society does not approve. Consistent with this theory, the mala
prohibita principle which punishes an offense regardless of malice or criminal intent, should not be utilized to apply the full harshness
of the special law.

MALA IN SE AND MALA PROHIBITA

Violations of the Revised Penal Code are referred to as malum in se, which literally means, that the act is inherently evil or bad or per se
wrongful. On the other hand, violations of special laws are generally referred to as malum prohibitum.

Note, however, that not all violations of special laws are mala prohibita. While intentional felonies are always mala in se, it does not follow that
prohibited acts done in violation of special laws are always mala prohibita. Even if the crime is punished under a special law, if the act punished
is one which is inherently wrong, the same is malum in se, and, therefore, good faith and the lack of criminal intent is a valid defense; unless it is
the product of criminal negligence or culpa.

(JACINTO v. PEOPLE)

 t as of the time that petitioner took possession of the check meant for Mega Foam, she had performed all the acts to consummate the
crime of theft, had it not been impossible of accomplishment in this case. The circumstance of petitioner receiving the P5,000.00 cash as
supposed replacement for the dishonored check was no longer necessary for the consummation of the crime of qualified theft.
Obviously, the plan to convince Baby Aquino to give cash as replacement for the check was hatched only after the check had been
dishonored by the drawee bank. Since the crime of theft is not a continuing offense, petitioner's act of receiving the cash replacement
should not be considered as a continuation of the theft. At most, the fact that petitioner was caught receiving the marked money was
merely corroborating evidence to strengthen proof of her intent to gain.
 Moreover, the fact that petitioner further planned to have the dishonored check replaced with cash by its issuer is a different and
separate fraudulent scheme. Unfortunately, since said scheme was not included or covered by the allegations in the Information, the
Court cannot pronounce judgment on the accused; otherwise, it would violate the due process clause of the Constitution. If at all, that
fraudulent scheme could have been another possible source of criminal liability.
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 IN VIEW OF THE FOREGOING, the petition is GRANTED. The Decision of the Court of Appeals, dated December 16, 2003, and its
Resolution dated March 5, 2004, are MODIFIED. Petitioner Gemma T. Jacinto is found GUILTY of an IMPOSSIBLE CRIME as defined and
penalized in Articles 4, paragraph 2, and 59 of the Revised Penal Code, respectively. Petitioner is sentenced to suffer the penalty of six
(6) months of arrresto mayor, and to pay the costs.

 Defense of Insanity
 Insanity as a defense in admission and guidance which must be proved beyond reasonable doubt, in which the commission of crime of
insanity as a defense is not proven, conviction follows

Justifying Circumstance Exempting Circumstance

AFFECTS Act; Not Actor
NATURE Done within bounds of law, legitimate and lawful exercise
of law
NO CRIME, CRIMINAL LIABILITY, CRIMINAL, CIVIL LIABILITY
EXCEPT ART 11 (4) : to avoid evil causes, causes damage to
another
Unintentional : incompatible with dolo
Those where act of person is said to be in accordance with
law so tha such person is deemed to have transgressed
law and is free from both criminal and civil liability.
Affirmative defense. Burden of proof is on accused who
must prove it by clear and convincing evidene
Act
Wrongful but actor is not liabl
THERE IS CRIME
NO CRIMINAL AND CRIMINAL LIABILITY
THERE IS CIVIL LIABILITY EXCEPT
PAR 2 : performance of lawful act w/due care inury mere
accident
PAR 7: fails to perform act required by law, prevented by some
lawful and insuperable cause
May be invoked in culpable felonies
Those grounds which free offender from criminal liability but
does not relieve him from civil liability except through accident
where he is relieved fr both criminal and civil liability.
There is crime but person who committed act is not subject to
criminal liability. Burden of proof lies with defense.

 Penalty: impossible crime

 Arresto mayor/ fine fro P200-P500. What is punished is the criminal mind which shows tendency to commit a criminal act (Jacinto v.
People) (Art 4 in relation to Art 59)
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Entrapment
 Accused is merely entrapped by peace officer who holds
accused in flagrant delicto.
 Peace officer is without criminal liability because his/her
actions are in line with law and policy
Instigation
 Origin of crime stems from the criminal officer by inducing
accused to commit crime.
 Peace officer is criminally liable as principal by inducement

 Legal consequence of Accident under Art 12(4) of RPC

- According to RPC, accidents under Art 12(4) incurs no criminal liability nor civil liability because there is no culpa. It is presumed that
in an accident, due diligence and care is practiced, thus incurring no liability .

As distinguished from penalties, what are measures of prevention and safety?

Art. 24. Measures of prevention or safety which are nor considered penalties. — The following shall not be considered as penalties:
1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring
their confinement in a hospital.
2. The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes specified therein. (repealed! See Art 9344)

3. Suspension from the employment of public office during the trial or in order to institute proceedings. 

4. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may impose upon
their subordinates.

5. Deprivation of rights and the reparations which the civil laws may establish in penal form.
 Not imposed after trial but mere preventive measures
 Paragraph 2 has been repealed by the Juvenile Justice Act. Not a penalty but a measure to enhance the person of a minor.
 Other relevant special laws:
o PNP Act (RA 6975) – preventive suspension of policemen during criminal trials (Sec 41 and 47)
o Anti-Graft and Corrupt Practices Act (RA 3019) – suspension of public official after filing of a valid information
o Plunder Act (RA 7080) - suspension of public official after filing of a valid information
o VAWC (RA 9262) – offended party entitled to protection orders, or accused must file a bond to keep the peace

Imposition of Penalty v. Service of Penalty

 The imposition of penalty is the decding of court with regard to the period of imprisonment to be served by acused upon conviction,
providing for the minimum and maximum period of time of sentence. Service of Penalties refers to the actual time the offender is
committed to the prison. This may be lower than maximum imposed penalty. In cases where the offender is simultaneously serving
more than three imposed penalties, the three fold rule must apply. It states that (1) Sum of sentence should not exceed three times of
what is the most severe penalty (2) Sum should not exceed 40 years (3) Offender is serving at least 4 sentences simultaneously.
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PAROLE
 Parole lasts for a certain period of time.
 If he complies with the conditions of the parole, the Board of Pardons and Parole will give out final release and discharge.

Parole Pardon
Minimum sentence must be served Service not required for grant
Granted by law By Pres
ACT 410 3Sec. 6. Every prisoner released from confinement on parole by virtue of this Act shall, at such times and in such manner as may be
required by the conditions of his parole, as may be designated by the said Board for such purpose, report personally to such government officials
or other parole officers hereafter appointed by the Board of Indeterminate Sentence for a period of surveillance equivalent to the remaining
portion of the maximum sentence imposed upon him or until final release and discharge by the Board of Indeterminate Sentence as herein
provided. The officials so designated shall keep such records and make such reports and perform such other duties hereunder as may be
required by said Board. The limits of residence of such paroled prisoner during his parole may be fixed and from time to time changed by the
said Board in its discretion. If during the period of surveillance such paroled prisoner shall show himself to be a law-abiding citizen and shall not
violate any of the laws of the Philippine Islands, the Board of Indeterminate Sentence may issue a final certificate of release in his favor, which
shall entitle him to final release and discharge.

INTOXICATION AGGRAVATE CRIMINAL LIABILITY . INTOXICATION MITIGATE CRIMINAL LIABILITY

 According to Art 15 of RPC, intoxication is considered a mitigating circumstance if he same is not habitual and is not intentional in so far
as the offender included his/her intoxicaton in plan to commit crime. However, if the intoxication is habitual and intentional, then it is an
aggravating circumstance.

WHO ARE ENTITLED TO SPECIAL TIME ALLOWANCE

Art. 96. Effect of commutation of sentence. — The commutation of the original sentence for another of a different length and nature shall have
the legal effect of substituting the latter in the place of the former.

Art. 97. Allowance for good conduct. — The good conduct of any prisoner in any penal institution shall entitle him to the following deductions
from the period of his sentence:
1. During the first two years of his imprisonment, he shall be allowed a deduction of five days for each month of good behavior;
2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of eight days for each month of good
behavior; 

3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of ten days for each month of
good behavior; and 

4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of fifteen days for each month of good
behavior.
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Art. 98. Special time allowance for loyalty. — A deduction of one-fifth of the period of his sentence shall be granted to any prisoner who, having
evaded the service of his sentence under the circumstances mentioned in Article 58 of this Code, gives himself up to the authorities within 48
hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe to in said article.

Art. 99. Who grants time allowances. — Whenever lawfully justified, the Director of Prisons shall grant allowances for good conduct. Such
allowances once granted shall not be revoked.
 Good conduct allowance given when:
There was an occurrence of a disorder/calamity which the prisoner did not participate
Convict escapes
He gives himself up 48 hours after proclamation that no more calamity
 He gets 1/5 deduction of his service!
 He must escape and then return. If he doesn’t escape, just stays put in the prison, he doesn’t get any good conduct allowance. Lesson:
escape, but return.
 If he escapes for good, but gets captured, or doesn’t return within 2 days, he will get 1/5 addition to the remaining sentence which
shouldn’t be more than 6 months.

QUESTION
1. Can local government define as crime and provide for punishment of acts
already defined as crime and punishable under national laws
2. Law amending a portion of tax code contains provisions on the payment of
penalties, interests, subcharges on unpaid taxs ore favorable to the taxpayer
than those contained in amended portion thereof.
3. X, a customs inspector abstracted a leather belt valued at P.80 from the
baggage of Japanese, and secreted the belt in his desk in Custom House where
it was found by other custom employees. X was really under observation by
other customs employees during the entire transaction; hence he was in fact
not able to get the merchandise out of customs house.
4. Rape sought to be perpetrated upon child of age of 3 years and 11 months, by
reason of whose tender age it has been suggested that penetration was
impossible, although physical evidence from an examination of victim’s private
part clearly indicated repeated efforts to do so
5. Should a person otherwise qualified but who admits having violated city
ANSWER
Yes, same act may constitute an offense against both
state and political subdivision thereof and both
jurisdiction may punish act without infringing any
constitutional principle
Those favorable provisions should be given retroactive
application only if so expressly indicated in amendatory
law or otherwise appears therein by clear legislative
intent in amendatory law or it otherwise appears therein
by clear legislative intent
X should be convicted of consummated theft
Consummated rape
No, because a violation of municipal ordinance to qualify
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ordinance on jaywalking and another ordinance requiring a cochero to occupy
only the seat intended for a a cochero n a calesa be disqualified for
appointment of QC police force as one having had criminal records
6. Dolo means
7. The provision of Art 22 RPC
8. The provision of Art 22 of RPC declaring retroactivity of penal laws in so far as
they are favorable to the defendants in criminal action for felony
9. In prosecution for rape, all the victim said when she testified before trial court
was that, in an effort to have sexual intercourse with her, the accused’s penis
touched her organ but did not penetrate it” .
10. Where offender was apprehended after setting fire to some rags and jute sacks
soaked in kerosene oil and placed near the partition of an inhabited house,
enough to start fire in said partition, and the fire is immediately put out. What
stage of execution (Arson)
11. Is it correct to say that crimes punishable under special penal laws may be
classified according to their stage of execution as consummated, frustrated or
attempted?
12. One who raises weapon against another as if about to strike at the same time
announcing an intention to kill latter, but voluntarily desists going futher by the
timely appearance of a police man and the realization of the certainty of
apprehension should he continue to execute act .
13. Where the decision in a criminal case had long become final and when a new
law was enacted, whose under provisions the penalty for crime which accused
was convicted was lowered.
14. When peace officers, assigned to catch a notorious criminal, and finding a
person at place where criminal was expected, sleeping with his back turned
as a “crime” must involve at least a certain degree of evil
doing, immoral conduct, corruption, malice, or want of
principles reasonably related to requirement of public
office.
Malice
Applicable to appeals and proceedings for the
prosecution of crimes, such as prescription of crimes and
penalties because it cannot be denied that the provisions
relative to the prescription of crime and of penalties are
penal laws or form part thereof.
Applies to acts or omissions penalized by special laws,
considering in particular that under Art 10 of RPC, code
shall be supplementary to such special penal laws uless
latter should specially provide the contrary.
Attempted rape
The crime committed is frustrated arson, he offender
having performed all the steps conducive to the bruning
of house, but notwithstanding these acts, he did not
accomplish criminal which he had intended to
consummate by reason of causes independent of his will
It depends, the controlling consideration appears to be
whether or not offenses punishable under special laws
would admit application of such classification.
Guilty of grave threats because the wrong threatened to
be committed constitutes a crime
Convict should be released after undergoing
imprisonment properly impossible under new law
provided he is not a habitual delinquent
Police officers would be guilty of murder, whether or not
they commit a mistake as to the identity of their targets
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Aleezah Gertrude
towards said officers, fires at him while asleep without even pushing to
ascertain his identity
15. A felony punishable by P200 is
16. When to be precise is proof of criminal intent necessary
17. Not a requisite for an impossible crime
18. The wound inflicted treacherously by X on Y was not the kind which could have
caused her death as in fact, she was confined at Medicare Hospital for 1 day.
Can it be argued that X should be convicted of frustrated and not merely
attempted murder?
19. What is the penalty two degrees higher than reclusion temporal assuming a
case of qualified theft involving the amount of P2,800,000.
20. RA 8294 amended certain provisions of P.D 1866, a special penal law penalizing
illegal possession of firearms. With passage of aforementioned law, penalty for
simple illegal possession of low powered firearm……. If accused was convicted
under the said law, how is the maximum of his indeterminate sentence to be
determined?
21. Not ground for extinction of criminal liability
22. Art 70 the period of perpetual penalties
23. When is penalty for failure to give bond to keep peace, whenever convict is so
obliged under his sentence, a period of detention not exceeding 30 days
24. An instance where penal law favorable to accused may not be applied
retroactively
25. In case of accident under Art 12 (4) of RPC -
26. X detention prisoner who is not otherwise a recidivist or a habitual delinquent
refused to abide by rules and regulations prescribed for convicted prisoners
serving sentence in institution in which he is detained. Should he be convicted
of offense, he is charged with would be entitled to credit for time spent in
preventive detention
A light felony because Art 9 includes in the classification
of light felonies , those infractions of law fro the
commission of which penalty shall not exceed 200 pesos
when it is imposed.
Crimes by means of dolo
That there be damages to person or injury to property.
NO. The crime of murder is undoubtedly only in
attempted stage no fatal wound having been inflicted on
Y
Reclusion perpetua for forty years with the accessory
penalties of death under art 40 of RPC which means in
fine that accused is not entitled to pardon before lapse of
40 year period.
Maximum term of indeterminate sentence should be that
which in view of attending circumstances, should propery
imposed under rules of RPC
Partial service of sentence
Thirty years
If accused shall have been prosecuted for light felony
Offender habitual delinquent
Neither criminal nor civil liability
Yes, but only to the reduced measure equivalent to 4/5 of
time spent in preventive detention