CRIMINAL LAW REVIEW
August 7, 2018
Article 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of
lasciviousness. - The crimes of adultery and concubinage shall not be prosecuted except upon a complaint
filed by the offended spouse.
The offended party cannot institute criminal prosecution without including both the guilty parties, if they are
both alive, nor, in any case, if he shall have consented or pardoned the offenders.
The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be prosecuted except upon a
complaint filed by the offended party or her parents, grandparents, or guardian, nor, in any case, if the
offender has been expressly pardoned by the above named persons, as the case may be.
In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender with the
offended party shall extinguish the criminal action or remit the penalty already imposed upon him. The
provisions of this paragraph shall also be applicable to the co-principals, accomplices and accessories after
the fact of the above-mentioned crimes.
 GEN RULE: Pardon by the offended party is NOT a mode of criminal extinction
o EXCEPTION: Pardon in the form of marriage for certain crimes under Art. 89, in relation
to Art. 344.
 2 rules on marriage as a mode of criminal extinction
o In cases of seduction, abduction, acts of lasciviousness, and rape
 Extinguishes the criminal action OR
 Remits the penalty already imposed upon him
o This rule on criminal extinction shall also be applicable to
 co-principals,
 accomplices, and
 accessories
 Justice Regalado on the exclusion of Rape by virtue of RA 8353
o Since rape is now a crime against persons under Art. 266-C, it should be excluded from
the enumeration.
o Subsequent marriage between the offender and offended party shall extinguish the
criminal action or penalty
o BUT the crime shall not be extinguished or the penalty abated if the marriage is void
ab initio
o Marriage will also NOT extinguish the criminal liability of the co-principal, accomplice
or accessory
o In case of marital rape, forgiveness by the wife shall extinguish the criminal action for
the penalty.
 Pardon NOT in the form of marriage involving adultery, concubinage, seduction, abduction, or acts
of lasciviousness is NOT a mode of extinguishing criminal liability
o It is a circumstance that will prohibit the prosecution of the offender or the institution
of the criminal action
o It does NOT prohibit the continuance of a prosecution if the offended party pardons
the offender AFTER the institution of criminal action. Neither does it order the
dismissal of the case.
 Pardon by a minor without the consent of the parents will NOT prohibit the prosecution of the
accused for seduction.
 Adultery and concubinage must be prosecuted upon the complaint signed by the offended
spouse.
 Seduction, abduction and acts of lasciviousness must be prosecuted upon the complaint signed
by:
o Offended party
o Her parents
o Grandparents
o Guardians
CASES
BELTRAN v. PEOPLE (G.R. No. 137567; June 20, 2000)
 FACTS
o Beltran’s wife filed a case of concubinage against him after he petitioned for their
marriage’s nullity on the ground of psychological incapacity
o To stall the issuance of an arrest warrant, Beltran argued that the pendency of the civil
case for declaration of nullity of his marriage posed a prejudicial question to the
determination of the criminal case.
o Lower court denied his motion. Beltran went to the RTC (denied)
 ISSUE: WON there is a prejudicial question
 HELD: No. Petition DENIED.
o PREJUDICIAL QUESTION avoids two conflicting decisions by suspending the latter
criminal case until the earlier civil case is resolved.
 2 essential elements:
 (a) the civil action involves an issue similar or intimately related
to the issue raised in the criminal action; and
 (b) the resolution of such issue determines whether or not the
criminal action may proceed.
o The pendency of the case for declaration of nullity of petitioner's marriage is NOT a
prejudicial question to the concubinage case.
 For a civil case to be considered prejudicial to a criminal action as to cause
the suspension of the latter pending the final determination of the civil
case, it must appear not only that the said civil case involves the same facts
upon which the criminal prosecution would be based, but also that in the
resolution of the issue or issues raised in the aforesaid civil action, the guilt
or innocence of the accused would necessarily be determined.
 FC Art. 40: The absolute nullity of a previous marriage may be invoked for
purposes of remarriage on the basis solely of a final judgment declaring
such previous marriage void.
 for purposes of remarriage, the only legally acceptable basis for declaring a
previous marriage an absolute nullity is a final judgment declaring such
previous marriage void, whereas, for purposes of other than remarriage,
other evidence is acceptable.
 in a case for concubinage, the accused need not present a final judgment
declaring his marriage void for he can adduce evidence in the criminal case
of the nullity of his marriage other than proof of a final judgment declaring
his marriage void
o even a subsequent pronouncement that his marriage is void from the beginning is not
a defense
 Parties to the marriage should not be permitted to judge for themselves
its nullity, for the same must be submitted to the judgment of the
competent courts and only when the nullity of the marriage is so declared
can it be held as void, and so long as there is no such declaration the
presumption is that the marriage exists.
 he who contracts a second marriage before the judicial declaration of
nullity of the first marriage assumes the risk of being prosecuted for
bigamy.
PILAPIL v. IBAY-SOMERA (G.R. No. 80116; June 30, 1989)
 FACTS
o Filipina married a German national only for the latter to file a foreign absolute divorce
o 5 months after the issuance of the divorce decree, the German filed 2 complaints for
adultery in Manila due to alleged infidelity during their marriage
o Lower courts denied her motion to quash
o petitioner filed this special civil action for certiorari and prohibition, with a prayer for
a TRO, seeking the annulment of the order of the lower court denying her motion to
quash. She alleges that the court is without jurisdiction "to try and decide the charge
of adultery, which is a private offense that cannot be prosecuted de officio (sic), since
the purported complainant, a foreigner, does NOT qualify as an offended spouse
having obtained a final divorce decree under his national law prior to his filing the
criminal complaint.
 ISSUE: WON the divorced foreigner has standing to file a case of adultery against the former
spouse
 HELD: NO, he cannot. Petition GRANTED
o RPC Art 344: the crime of adultery, as well as four other crimes against chastity,
CANNOT be prosecuted EXCEPT upon a sworn written complaint filed by the offended
spouse.
 compliance with this rule is a jurisdictional, and not merely a formal,
requirement. The requirement for a sworn written complaint is just as
jurisdictional a mandate since it is that complaint which starts the
prosecutory proceeding and without which the court cannot exercise its
jurisdiction to try the case.
 prosecutions for adultery and concubinage the person who can legally file
the complaint should be the offended spouse, and nobody else.
 such initiator must have the status, capacity or legal
representation to do so at the time of the filing of the criminal
action.
 UNLIKE the offenses of seduction, abduction, rape and acts of
lasciviousness, no provision is made for the prosecution of the crimes of
adultery and concubinage by the parents, grandparents or guardian of the
offended party. The so-called exclusive and successive rule above
mentioned do not apply to adultery and concubinage.
o private respondent, being no longer the husband of petitioner, had no legal standing
to commence the adultery case under the imposture that he was the offended spouse
at the time he filed suit.
 RPC Art 344 presupposes that the marital relationship is still subsisting at
the time of the institution of the criminal action for, adultery. The raison
d'etre of said provision of law would be absent where the supposed
offended party had ceased to be the spouse of the alleged offender at the
time of the filing of the criminal case.
 Probation Law for the correction of the penalty imposed by the trial court or for
the conviction to a lesser crime, which is necessarily included in
 Probation is a special privilege granted by the state to a penitent qualified offender. [Francisco v. the crime in which he was convicted where the penalty is within
CA] the probationable period.
o Rejects appeals and encourages an eligible convict to immediately admit his liability  Both instances violate the spirit and letter of the law, as Sec. 4
and save the state the time, effort, and expenses. of the Probation Law, as amended, prohibits granting an
 Probation is NOT a right, but a privilege application for probation if an appeal from the sentence of
o It is an act of grace and clemency from the State conviction has been perfected by the accused.
o Grant lies solely upon the discretion of the court  Filing an Application for Probation is deemed a waiver of the Right to Appeal
o It is primarily for the benefit of an organized society, and only incidentally for the o Vicoy v. People, 383 SCRA 707 (2002): Applying for probation then withdrawing the
benefit of the accused same to appeal is not allowed. Sec. 7, Rule 120 provides that a judgment in a criminal
 Accused must not have appealed his conviction before he can avail of probation case becomes final when the accused has applied for probation.
o He is deemed to have accepted the judgment and admitted his guilt.  Disqualified offenders (Sec. 9, PD 968, as amended by RA 10707)
o Lagrosa v. People, 405 SCRA 357 (2003): Even if on appeal, the sentence was reduced a) Those sentenced to serve a maximum term of imprisonment of more than 6 years
to the probationable period, it would still not permit him to apply for probation. NOTE b) Those convicted of any crime against national security
that in this case, the Court ruled against the accused’s plea because he was also c) Those who have previously been convicted by final judgment of an offense punished
contesting the merits of the conviction and not merely/solely the impropriety of the by imprisonment of more than 6 months and 1 day and/or a fine of more than P1000
penalty – which is an indicia of guiltlessness.  Any crime punishable by such period / fine. Not necessarily the same crime
o Colinares v. People, 662 SCRA 266 (2011): Probation is not a right, but the opportunity for which he is applying for probation.
to apply for it is. The Probation Law never intended to deny an accused his right to d) Those who have been once on probation under the provisions of this decree
probation through no fault of his. Here, the accused was convicted of the wrong crime. e) Those who are already serving sentence at the time the substantive provisions of this
How can the court expect him to feel penitent over a crime which he did not commit? Decree became applicable pursuant to Sec. 33 hereof
(frustrated homicide when it should have been attempted homicide) Had he been
given the correct penalty, he would have had the right to apply for probation.
o Dimakuta v. People, G.R. 206513 (2015): An accused may still be allowed to apply for
probation even if he has filed a notice of appeal so long as the appeal is limited to the
following grounds:
1) When the appeal is merely intended for the correction of the penalty
imposed by the lower court, which when corrected would entitle the
accused to apply for probation; and
2) When the appeal is merely intended to review the crime for which the
accused was convicted and that the accused should only be liable to the
lesser offense which is necessarily included in the crime for which he was
originally convicted and the proper penalty imposable is within the
probationable period.
 In both instances, the penalty imposed by the trial court for the crime
committed by the accused is more than 6 years; hence, the sentence
disqualifies the accused from applying for probation.
 BEFORE an appeal is filed based on these grounds, the accused should first
file an MR of the decision of the trial court anchored on these grounds and
manifest his intent to apply for probation if granted.
 Notice of appeal should include the following:
1) That an earlier MR was filed but denied by the trial court;
2) That the appeal is only for reviewing the penalty imposed by the
lower court or the conviction should only be for a lesser crime
necessarily included in the crime charged in the information;
and
3) That the accused-appellant is not seeking acquittal of the
conviction
 Probation should NOT be granted in the following instances:
1) When the accused is convicted by the trial court of a crime
where the penalty imposed is within the probationable period
or a fine, and the accused files a Notice of Appeal; and
2) When the accused files a notice of appeal which puts the merits
of his conviction in issue, even if there is an alternative prayer
 Indeterminate Sentence Law

 The MAXIMUM TERM of the penalty shall be “that which, in view of the attending circumstances,
could be properly imposed” under the RPC
o The modifying circumstances are considered only in the imposition of the maximum
term of the ISL.
 The MINIMUM TERM shall be “within the range of the penalty next lower to that prescribed” for
the offense.
o The penalty next lower should be based on the penalty prescribed by the Code for the
offense, WITHOUT first considering any modifying circumstances attendant to the
commission of the crime.
o Determination of the minimum penalty is left to the discretion of the court and it can
be anywhere within the range of the penalty next lower, without reference to the
periods into which it might be subdivided.
 If the offense is punished by a special law (e.g. RA 3019), the trial court shall sentence the accused
to an indeterminate penalty:
o the maximum of which shall not exceed the maximum fixed by the law
o the minimum shall not be less than the minimum prescribed by the same law
o If the range of the imposable penalty under the law were to be divided into 3 tiers
based on the length of imprisonment, the court has to justify why it resolved to impose
the highest tier. (People v. Bacasmas, 701 SCRA 35; 2013)
 Sec. 2: ISL does NOT apply to persons convicted of offenses punished with the death penalty or
life imprisonment (or reclusion perpetua)
o If the penalty is reclusion perpetua to death, in the absence of aggravating
circumstances, the accused was correctly sentenced to reclusion perpetua. (People v.
Asuela, 376 SCRA 51; 2002)
o Reclusion perpetua was held to be synonymous to life imprisonment; thus, ISL would
not apply to crimes punishable by the same. (People v. Enriquez, 465 SCRA 407; 2005)
 Persons sentenced to suffer reclusion perpetua shall not be entitled to
parole in view of Sec. 3 of RA 9346.
 Reclusion perpetua is an indivisible penalty without a maximum or
minimum period.
 Parole is extended only to those sentenced with divisible penalties. (Sec. 5,
ISL)
 Title Two
PERSONS CRIMINALLY LIABLE FOR FELONIES

Article 16. Who are criminally liable. - The following are criminally liable for grave and less grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.

The following are criminally liable for light felonies:

1. Principals
2. Accomplices.

Article 17. Principals. - The following are considered principals:

1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense by another act without which it would not
have been accomplished.

Article 18. Accomplices. - Accomplices are those persons who, not being included in Article 17, cooperate in
the execution of the offense by previous or simultaneous acts.

Article 19. Accessories. - Accessories are those who, having knowledge of the commission of the crime, and
without having participated therein, either as principals or accomplices, take part subsequent to its
commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by the effects of the crime.
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order
to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the
accessory acts with abuse of his public functions or whenever the author of the crime is guilty of
treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be
habitually guilty of some other crime.

Article 20. Accessories who are exempt from criminal liability. - The penalties prescribed for accessories shall
not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate,
natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single
exception of accessories falling within the provisions of paragraph 1 of the next preceding article.