Art. 65. Rule in cases in which the penalty is not composed of three periods.

— In
cases in which the penalty prescribed by law is not composed of three periods, the
courts shall apply the rules contained in the foregoing articles, dividing into three
equal portions of time included in the penalty prescribed, and forming one period of
each of the three portions.

Art. 148. Direct assaults. — Any person or persons who, without a public uprising,
shall employ force or intimidation for the attainment of any of the purpose
enumerated in defining the crimes of rebellion and sedition, or shall attack, employ
force, or seriously intimidate or resist any person in authority or any of his agents,
while engaged in the performance of official duties, or on occasion of such
performance, shall suffer the penalty of prision correccional in its medium and
maximum periods and a fine not exceeding P1,000 pesos, when the assault is
committed with a weapon or when the offender is a public officer or employee, or
when the offender lays hands upon a person in authority. If none of these
circumstances be present, the penalty of prision correccional in its minimum period
and a fine not exceeding P500 pesos shall be imposed.

IMPOSITION OF FINES

OUTLINE OF THE PROVISION:

1. The court can fix any amount of the fine within the limits established by law.
2. The court must consider: (1) the mitigating and aggravating circumstances; and (2) more
particularly, the wealth or means of the culprit.
3. The court may also consider: (1) the gravity of the crime committed; (2) the heinousness of
it s perpetration; and (3) the magnitude of its effects on the offender’s victims.

PENALTY TO BE IMPOSED UPON A PERSON UNDER EIGHTEEN YEARS OF AGE

APPLICATION OF ART. 68:

This article is not immediately applicable to a minor under 18 years of age, because such
minor, if found guilty of the offense charged, is not sentenced to any penalty. The sentence is
suspended and he is ordered committed to the reformatory institution, IF, his application
therefore is approved by the court.
This article is applicable when the minor’s application for suspension of sentence is
DISAPPROVED or if while in the reformatory institution he becomes INCORRIGIBLE, in which
case he shall be returned to the court for the imposition of the proper penalty.

Review…

Art 13 par 2- under 15 exempt -intervention

RA 9344 diversion

Bahay pag-asa 12-15 years old

2. That the offender is under eighteen year of age or over seventy years. In the
case of the minor, he shall be proceeded against in accordance with the provisions of
Art. 80.

Art. 69. Penalty to be imposed when the crime committed is not wholly excusable. —
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 conditions
required to justify the same or to exempt from criminal liability in the several cases
mentioned in Article 11 and 12, provided that the majority of such conditions 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 conditions of exemption present or
lacking.

MItigating: Art 13 par 1. Those mentioned in the preceding chapter, when all the
requisites necessary to justify or to exempt from criminal liability in the respective
cases are not attendant.

ART. 70. SUCCESSIVE SERVICE OF SENTENCE

THE THREE-FOLD RULE (limitations)

1. THE MAXIMUM DURATION OF THE CONVICT’S SENTENCE shall not be more than three times
the length of time corresponding to the most severe of the penalties imposed upon him.
2. But in no case to exceed 40 years.
3. This rule shall apply only when the convict is to serve 4 or more sentences successively.
4. Subsidiary penalty forms part of the penalty.

How the three fold is computed?

1. Determine the most severe penalty meted and multiply the

duration by 3.

2. Add the maximum term of all the different sentences imposed

upon the convict.

3. Compare the results of #1 and #2.

4. The convict will serve out the lesser of the two but in no case
shall it exceed a period of forty (40) years.

Art 71.
Art. 72. Preference in the payment of the civil liabilities. — The civil liabilities of a
person found guilty of two or more offenses shall be satisfied by following the
chronological order of the dates of the judgments rendered against him, beginning
with the first in order of time.
Section Three. — Provisions common in the last two preceding sections
Art. 73. Presumption in regard to the imposition of accessory penalties. — Whenever
the courts shall impose a penalty which, by provision of law, carries with it other
penalties, according to the provisions of Articles 40, 41, 42, 43 and 44 of this Code, it
must be understood that the accessory penalties are also imposed upon the convict.
Art. 74. Penalty higher than reclusion perpetua in certain cases. — In cases in which
the law prescribes a penalty higher than another given penalty, without specially
designating the name of the former, if such higher penalty should be that of death, the
same penalty and the accessory penalties of Article 40, shall be considered as the next
higher penalty.
Art. 75. Increasing or reducing the penalty of fine by one or more degrees. —
Whenever it may be necessary to increase or reduce the penalty of fine by one or
more degrees, it shall be increased or reduced, respectively, for each degree, by
onefourth
of the maximum amount prescribed by law, without however, changing the
minimum.
The same rules shall be observed with regard of fines that do not consist of a fixed
amount, but are made proportional.
ART. 72. PREFERENCE IN THE
PAYMENT OF CIVIL LIABILITIES

ART. 77. WHEN THE PENALTY IS A COMPLEX ONE COMPOSED OF THREE DISTINCT
PENALTIES

COMPLEX PENALTY - is a penalty prescribed by law composed of three distinct penalties,

each forming a period: the lightest of them shall be the minimum, the next the medium, and
the most severe the maximum period.

Art. 87. Destierro. — Any person sentenced to destierro shall not be permitted to
enter the place or places designated in the sentence, nor within the radius therein
specified, which shall be not more than 250 and not less than 25 kilometers from the
place designated.
Art. 88. Arresto menor. — The penalty of arresto menor shall be served in the
municipal jail, or in the house of the defendant himself under the surveillance of an
officer of the law, when the court so provides in its decision, taking into consideration
the health of the offender and other reasons which may seem satisfactory to it

EXTINCTION OF CRIMINAL LIABILITY

Chapter One
TOTAL EXTINCTION OF CRIMINAL LIABILITY

Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally
extinguished:
1. By the death of the convict, as to the personal penalties and as to pecuniary
penalties, liability therefor is extinguished only when the death of the offender occurs
before final judgment.
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in Article 344 of this
Code.

HOW CRIMINAL LIABLITY TOTALLY EXTINGUISHED:

1. By the DEATH of the convict as to personal penalties; BUT as to pecuniary penalties,

liability is extinguished only when the death of the offender occurs before or after final
judgment

2. By SERVICE OF SENTENCE;
3. By AMNESTY, which completely extinguishes the penalty and all its effects.
4. By ABSOLUTE PARDON
5. By PRESCRIPTION OF THE CRIME
6. By PRESCRIPTION OF PENALTY
7. By MARRIAGE OF THE OFFENDED WOMAN with the offender in the crimes of rape, seduction,
abduction, and acts of lasciviousness. In the crimes of rape, seduction, abduction, and acts of
lasciviousness, the marriage, as provided under Art 344, must be contracted in good faith.

AMNESTY – is an act of the sovereign power granting oblivion or general pardon for a past
offense, and is rarely if ever exercised in favor of a single individual, and is usually extended
in behalf of certain classes of persons who are subject to trial but have not yet been
convicted.

PARDON – is an act of grace, proceeding from the power entrusted with the execution of the
laws, which exempts the individual on whom it is bestowed from the punishment the law
inflicts

Pardon distinguished from amnesty

PARDON AMNESTY
1. Includes any crime and is exercised 1. A blanket pardon to classes of persons
individually by the President or communities who may be guilty of
political offenses.

2. Exercised when the person is already 2. May be exercised even before trial or
 convicted investigation is had

3. Merely looks FORWARD and relieves the
offender from the consequences of an offense
of which he has been convicted; it does not
work for the restoration of the rights to hold
public office, or the right of suffrage, unless
such rights are expressly restored by means of
pardon.
3. Looks BACKWARD and abolishes and
puts into oblivion the offense itself; it so
overlooks and obliterates the offense with
which he is charged that the person
released by amnesty stands before the law
precisely as though he had committed no
offense.

4. Does not alter the fact that the accused is a 4. Makes an ex-convict no longer a
recidivist as it produces only the extinction of recidivist, because it obliterates the last
the personal effects of the penalty. vestige of the crime.

5. Does not extinguish the civil liability of
the offender
6. Being PRIVATE ACT by the President, must
be pleaded and proved by the person
pardoned
5. Does not extinguish the civil
liability of the offender
6. Being a Proclamation of the Chief
Executive with the concurrence of
Congress; is a PUBLIC ACT of which the
courts should take judicial notice

Prescription of the crime – is the forfeiture or loss of the right of the State to prosecute the
offender, after the lapse of a certain time.

PRESCRIPTIVE PERIODS OF CRIMES:

1. Crimes punishable by

a) Death, reclusión perpetua or reclusión temporal – 20 years

b) afflictive penalties – 15 years
c) correctional penalties – 10 years except those punishable by arresto mayor which shall
prescribe in 5 years.
When the penalty fixed by law is a compound one, the highest penalty shall be made the
basis of the application of the rules contained above.
2. Crime of libel – 1 year
3. Offenses of oral defamation and slander by deed – 6 months
4. Light offenses – 2 months

Prescription of the penalty – is the loss or forfeiture of the right of the government to
execute the final sentence, after the lapse of a certain time.

PRESCRIPTIVE PERIODS OF PENALTIES:

1. Death and reclusión perpetua – 20 years

2. Other afflictive penalties – 15 years
3. Correctional penalties – 10 years except for the penalty of arresto mayor which prescribes
in 5 years.
4. Light penalties – 1 year

Art. 90. Prescription of crime. — Crimes punishable by death, reclusion perpetua or

reclusion temporal shall prescribe in twenty years.
Crimes punishable by other afflictive penalties shall prescribe in fifteen years.

Those punishable by a correctional penalty shall prescribe in ten years; with the
exception of those punishable by arresto mayor, which shall prescribe in five years.

The crime of libel or other similar offenses shall prescribe in one year.

The crime of oral defamation and slander by deed shall prescribe in six months.

Light offenses prescribe in two months.

When the penalty fixed by law is a compound one, the highest penalty shall be made
the basis of the application of the rules contained in the first, second and third
paragraphs of this article. (As amended by RA 4661, approved June 19, 1966).

If does not follow art 90, follow Act No 3326

ACT NO. 3326 December 4, 1926

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 chanroblespublishingcompany

SECTION 1. Violations penalized by special acts shall, unless otherwise

provided in such acts, prescribe in accordance with the following rules:
(a) after a year for offenses punished only by a fine or by imprisonment
for not more than one month, or both;

(b) after four years for those punished by imprisonment for more than one
month, but less than two years;

(c) after eight years for those punished by imprisonment for two years
or more, but less than six years; and
(d) after twelve years for any other offense punished by imprisonment for
six years or more, except the crime of treason, which shall prescribe after
twenty years. Violations penalized by municipal ordinances shall
prescribe after two months. chanroblespublishingcompany

SECTION 2. Prescription shall begin to run from the day of the commission
of the violation of the law, and if the same be not known at the time,
from the discovery thereof and the institution of judicial proceeding for
its investigation and punishment.

The prescription shall be interrupted when proceedings are instituted

against the guilty person, and shall begin to run again if the proceedings
are dismissed for reasons not constituting jeopardy.

SECTION 3. For the purposes of this Act, special acts shall be acts
defining and penalizing violations of the law not included in the Penal
Code. chanroblespublishingcompany SECTION 4. This Act shall take effect
on its approval. Chanroblespublishingcompany

ART. 93. COMPUTATION OF THE PRESCRIPTION OF PENALTIES

OUTLINE

1. Period of prescription commences to run from the date when the culprit evaded the
service of his sentence.

When is the crime detected? On corpus delicti…

Corpus delicti (Latin: "body of the crime"; plural: corpora delicti) is a

term from Western jurisprudence referring to the principle that a crime must be
proved to have occurred before a person can be convicted of committing that
crime.

2. It is interrupted when the convict

a) gives himself up,
b) is captured,
c) goes to a foreign country with which we have no extradition treaty, or
d) commits any crime before the expiration of the period of prescription.

Interrupted upon filing of complaint.

ELEMENTS

1. That the penalty is imposed by final judgment

2. That the convict evaded the service of his sentence by escaping during the term of his
sentence
3. The convict who escape from prison has not given himself up, or been captured, or gone to
a foreign country
4. That the penalty has prescribed because of the lapse of time from the date of the evasion
of service of the sentence by the convict.

Metro Manila (MM)/Chartered

Outside MM/Chartered Cities
Cities

Requiring Preliminary
Prosecutor Prosecutor
Investigation (PI)

Not Requiring PI Prosecutor Prosecutor/ Court (MTC)

Summary Procedure Prosecutor Prosecutor/ Court (MTC)

Prescription s deem ed interupted during filing of information in court

RA 3326

Ex.

A Homicide - RT - 20years

Jan 1, 2000- crime discovered

Dec 31, 2019 - filed in CPO

March 1, 2020 -info filed in RTC

Has the crime has prescribed? NO

B Smoking ordinance - P5,000 - 2 months

Jan 1, 2000- crime discovered

Dec 31, 2019 - complaint filed in CPO

March 1, 2020 -info filed in MTCC

 Has the crime has prescribed? YES

Art. 91. Computation of prescription of offenses. — The period of prescription shall

commence to run from the day on which the crime is discovered by the offended
party, the authorities, or their agents, and shall be interrupted by the filing of the
complaint or information, and shall commence to run again when such proceedings
terminate without the accused being convicted or acquitted, or are unjustifiably
stopped for any reason not imputable to him.

The term of prescription shall not run when the offender is absent from the Philippine
Archipelago.

Art. 92. When and how penalties prescribe. — The penalties imposed by final
sentence prescribe as follows:
1. Death and reclusion perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the exception of the penalty of arresto
mayor, which prescribes in five years;
4. Light penalties, in one year.

Art. 93. Computation of the prescription of penalties. — The period of prescription of

penalties shall commence to run 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 extradition treaty, or should commit another crime before the expiration of the
period of prescription.

94. PARTIAL EXTINCTION OF CRIMINAL LIABILITY

CRIMINAL LIABILITY IS PARTIALLY EXTINGUISHED:
1. By CONDITIONAL PARDON;
2. By COMMUTATION OF SERVICE
3. For GOOD CONDUCT ALLOWANCES which the culprit may earn while he is serving sentence;
4. By PAROLE
a. Parole – is the suspension of the sentence of a convict, after serving the minimum term of
the indeterminate penalty, without being granted a pardon, prescribing the terms upon which
the sentence shall be suspended

b. If the convict fails to observe the condition of the parole, the Board of Pardons and Parole
is authorized to :

(1) direct his ARREST AND RETURN TO CUSTODY and thereafter;

(2) to CARRY OUT HIS SENTENCE WITHOUT REDUCTION of the time that has elapsed between
the date of the parole and the subsequent arrest.

5. By PROBATION. See Probation Law page42

Art. 95. Obligation incurred by person granted conditional pardon. — Any person
who has been granted conditional pardon shall incur the obligation of complying
strictly with the conditions imposed therein otherwise, his non-compliance with any
of the conditions specified shall result in the revocation of the pardon and the
provisions of Article 159 shall be applied to him.

Art. 159. Other cases of evasion of service of sentence. — The

penalty of prision correccional in its minimum period shall be
imposed upon the convict who, having been granted conditional
pardon by the Chief Executive, shall violate any of the conditions of
such pardon. However, if the penalty remitted by the granting of such
pardon be higher than six years, the convict shall then suffer the
unexpired portion of his original sentence.

Motion to quash…
Archive

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.chan robles
virtual law library

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.

97,98, 99 ---> already amended by RA

REPUBLIC ACT No. 10592

AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:
Section 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised
Penal Code, is hereby further amended to read as follows:

"ART. 29. Period of preventive imprisonment deducted from term of imprisonment. –

Offenders or accused who have undergone preventive imprisonment shall be credited in
the service of their sentence consisting of deprivation of liberty, with the full time during
which they have undergone preventive imprisonment if the detention prisoner agrees
voluntarily in writing after being informed of the effects thereof and with the assistance of
counsel to abide by the same disciplinary rules imposed upon convicted prisoners, except
in the following cases:

"1. When they are recidivists, or have been convicted previously twice or more times of
any crime; and

"2. When upon being summoned for the execution of their sentence they have failed to
surrender voluntarily.

"If the detention prisoner does not agree to abide by the same disciplinary rules imposed
upon convicted prisoners, he shall do so in writing with the assistance of a counsel and
shall be credited in the service of his sentence with four-fifths of the time during which he
has undergone preventive imprisonment.

"Credit for preventive imprisonment for the penalty of reclusion perpetua shall be
deducted from thirty (30) years. 1âwphi1

"Whenever an accused has undergone preventive imprisonment for a period equal to the
possible maximum imprisonment of the offense charged to which he may be sentenced
and his case is not yet terminated, he shall be released immediately without prejudice to
the continuation of the trial thereof or the proceeding on appeal, if the same is under
review. Computation of preventive imprisonment for purposes of immediate release under
this paragraph shall be the actual period of detention with good conduct time
allowance: Provided, however, That if the accused is absent without justifiable cause at
any stage of the trial, the court may motu proprio order the rearrest of the
accused: Provided, finally, That recidivists, habitual delinquents, escapees and persons
charged with heinous crimes are excluded from the coverage of this Act. In case the
maximum penalty to which the accused may be sentenced is lestierro, he shall be
released after thirty (30) days of preventive imprisonment."

Section 2. Article 94 of the same Act is hereby further amended to read as follows:

"ART. 94. Partial extinction of criminal liability. – Criminal liability is extinguished partially:

"1. By conditional pardon;

"2. By commutation of the sentence; and

"3. For good conduct allowances which the culprit may earn while he is undergoing
preventive imprisonment or serving his sentence."

Section 3. Article 97 of the same Act is hereby further amended to read as follows:
"ART. 97. Allowance for good conduct. – The good conduct of any offender qualified for
credit for preventive imprisonment pursuant to Article 29 of this Code, or of any convicted
prisoner in any penal institution, rehabilitation or detention center or any other local jail
shall entitle him to the following deductions from the period of his sentence:

"1. During the first two years of imprisonment, he shall be allowed a deduction of twenty
days for each month of good behavior during detention;

"2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a
reduction of twenty-three days for each month of good behavior during detention;

"3. During the following years until the tenth year, inclusive, of his imprisonment, he shall
be allowed a deduction of twenty-five days for each month of good behavior during
detention;

"4. During the eleventh and successive years of his imprisonment, he shall be allowed a
deduction of thirty days for each month of good behavior during detention; and

"5. At any time during the period of imprisonment, he shall be allowed another deduction
of fifteen days, in addition to numbers one to four hereof, for each month of study,
teaching or mentoring service time rendered.

"An appeal by the accused shall not deprive him of entitlement to the above allowances
for good conduct."

Section 4. Article 98 of the same Act is hereby further amended to read as follows:

"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 his preventive
imprisonment or the service of his sentence under the circumstances mentioned in Article
158 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 referred to
in said article. A deduction of two-fifths of the period of his sentence shall be granted in
case said prisoner chose to stay in the place of his confinement notwithstanding the
existence of a calamity or catastrophe enumerated in Article 158 of this Code.

"This Article shall apply to any prisoner whether undergoing preventive imprisonment or
serving sentence."

Section 5. Article 99 of the same Act is hereby further amended to read as follows:"

"ART. 99. Who grants time allowances. – Whenever lawfully justified, the Director of the
Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology and/or
the Warden of a provincial, district, municipal or city jail shall grant allowances for good
conduct. Such allowances once granted shall not be revoked."

Section 6. Penal Clause. – Faithful compliance with the provisions of this Act is hereby
mandated. As such, the penalty of one (1) year imprisonment, a fine of One hundred
thousand pesos (P100,000.00) and perpetual disqualification to hold office shall be
imposed against any public officer or employee who violates the provisions of this Act.
Section 7. Implementing Rules and Regulations. – The Secretary of the Department of
Justice (DOJ) and the Secretary of the Department of the Interior and Local Government
(DILG) shall within sixty (60) days from the approval of this Act, promulgate rules and
regulations on the classification system for good conduct and time allowances, as may be
necessary, to implement the provisions of this Act.

Section 8. Separability Clause. – If any part hereof is held invalid or unconstitutional, the
remainder of the provisions not otherwise affected shall remain valid and subsisting.

Section 9. Repealing Clause. – Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to or inconsistent with
the provisions of this Act is hereby repealed, modified or amended accordingly.

Section 10. Effectivity Clause. – This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in at least two (2) new papers of general circulation.

Approved,

(Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE JR.

President of the Senate Speaker of the House of
Representatives

This Act which is a consolidation of Senate Bill No. 3064 and House Bill No. 417 was
finally passed by the Senate and the House of Representatives on November 5, 2012 and
January 28, 2013, respectively.

(Sgd.) EDWIN B. BELLEN (Sgd.) MARILYN B. BARUA-YAP

Acting Senate Secretary Secretary General
House of Representatives

Approved: MAY 29 2013

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines

Art. 158. Evasion of service of sentence on the occasion of disorder, conflagrations,

earthquakes, or other calamities. — A convict who shall evade the service of his
sentence, by leaving the penal institution where he shall have been confined, on the
occasion of disorder resulting from a conflagration, earthquake, explosion, or
similarincrease of one-fifth of the time still remaining to be served under the original
sentence, which in no case shall exceed six months, if he shall fail to give himself up
to the authorities within forty-eight hours following the issuance of a proclamation by
the Chief Executive announcing the passing away of such calamity.
Convicts who, under the circumstances mentioned in the preceding paragraph, shall
give themselves up to the authorities within the above mentioned period of 48 hours,
shall be entitled to the deduction provided in Article 98.

Indeterminate service Law

Act No. 4103. The Indeterminate Sentence Law. AN ACT TO PROVIDE FOR
AN INDETERMINATE SENTENCE AND PAROLE FOR ALL PERSONS
CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THE PHILIPPINE
ISLANDS; TO CREATE A BOARD OF INDETERMINATE SENTENCE AND
TO PROVIDE FUNDS THEREFOR; AND FOR OTHER PURPOSES.

Section 1. Hereafter, in imposing a prison sentence for an offense

punished by the Revised Penal Code, or its amendments, the court shall
sentence the accused to an indeterminate sentence the maximum term of
which shall be that which, in view of the attending circumstances, could be
properly imposed under the rules of the said Code, and the minimum which
shall be within the range of the penalty next lower to that prescribed by the
Code for the offense; and if the offense is punished by any other law, the
court shall sentence the accused to an indeterminate sentence, the
maximum term of which shall not exceed the maximum fixed by said law
and the minimum shall not be less than the minimum term prescribed by
the same.
chan robles virtual law library
Sec. 2. This Act shall not apply to persons convicted of offenses punished
with death penalty or life-imprisonment; to those convicted of treason,
conspiracy or proposal to commit treason; to those convicted of misprision
of treason, rebellion, sedition or espionage; to those convicted of piracy; to
those who are habitual delinquents; to those who have escaped from
confinement or evaded sentence; to those who having been granted
conditional pardon by the Chief Executive shall have violated the terms
thereof; to those whose maximum term of imprisonment does not exceed
one year, not to those already sentenced by final judgment at the time of
approval of this Act, except as provided in Section 5 hereof

Computation:
1. Homicide - reclusion temporal( From 12 years and 1 day to 20 years.)
-mitigating- over seventy
 --praeter intentionam

-aggravating--intoxication

Offset…1 mitigating ( 1 degree lower)

Max - RT -max - 17y4m1d to 20 y

-med - 14
-min -12y 1d

Max is 12 y 1d
Min is 6y 1d… for lenient judge (prison mayor)

2. Theft -Php 6,000 -AM med to PC min

Privilege mitigating of minority (1 DEGREE LOWER)

Aggravating circumstance ( MAXIMUM)

PC -MAX
-MED
-MIN

AM-MAX
-MED
-MIN- 1M1DAY TO 2 M

AM--MAX
-MED
-MIN
3. 3.Theft -Php 6,000 -AM med to PC min

AC- DWELLING, INTOXICATION

MC-LACKING OF INSTRUCTION

WITH INDETERMINATE SENTENCE

Penalty of 2 months of Arresto Mayor as minimum to 2 yrs 4 month of prison

correctional minimum as maximum

REPUBLIC ACT No. 10707

AN ACT AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE

KNOWN AS THE “PROBATION LAW OF 1976”, AS AMENDED

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:

SECTION 1. Section 4 of Presidential Decree No. 968, as amended, is

hereby further amended to read as follows:

“SEC. 4. Grant of Probation. — Subject to the provisions

of this Decree, the trial court may, after it shall have
convicted and sentenced a defendant for a probationable
penalty and upon application by said defendant within the
period for perfecting an appeal, suspend the execution of
the sentence and place the defendant on probation for
such period and upon such terms and conditions as it may
deem best. No application for probation shall be
entertained or granted if the defendant has perfected the
appeal from the judgment of conviction: Provided, That
when a judgment of conviction imposing a
non-probationable penalty is appealed or reviewed, and
such judgment is modified through the imposition of a
probationable penalty, the defendant shall be allowed to
apply for probation based on the modified decision before
such decision becomes final. The application for probation
based on the modified decision shall be filed in the trial
court where the judgment of conviction imposing a
non-probationable penalty was rendered, or in the trial
 court where such case has since been re-raffled. In a case
involving several defendants where some have taken
further appeal, the other defendants may apply for
probation by submitting a written application and attaching
thereto a certified true copy of the judgment of conviction.

“The trial court shall, upon receipt of the application filed,

suspend the execution of the sentence imposed in the
judgment.

“This notwithstanding, the accused shall lose the benefit of

probation should he seek a review of the modified decision
which already imposes a probationable penalty.

“Probation may be granted whether the sentence imposes

a term of imprisonment or a fine only. The filing of the
application shall be deemed a waiver of the right to
appeal.1âwphi1

“An order granting or denying probation shall not be

appealable.”

If one appeals, probation is lost. They can’t go together.

In probabtion, only the judgement is dismissed and not the civil liability

SECTION 2. Section 9 of the same Decree, as amended, is hereby further

amended to read as follows:

“SEC. 9. Disqualified Offenders. — The benefits of this

Decree shall not be extended to those:

“a. sentenced to serve a maximum term of imprisonment

of more than six (6) years;

“b. convicted of any crime against the national security;

“c. who have previously been convicted by final judgment

of an offense punished by imprisonment of more than six
(6) months and one (1) day and/or a fine of more than one
thousand pesos (P1,000.00);

“d. who have been once on probation under the provisions

of this Decree; and

“e. who are already serving sentence at the time the

substantive provisions of this Decree became applicable
pursuant to Section 33 hereof.”
Probation vs ISL

ART. 100. CIVIL LIABILITY OF A PERSON GUILTY OF FELONY

A CRIME HAS A DUAL CHARACTER:

1. As an offense against the state, because of the disturbance of the social order; and
2. As an offense against the private person injured by the crime, UNLESS it involves the crime
of treason, rebellion, espionage, contempt, and others wherein no civil liability arises on the
part of the offender, either because there are no damages to be compensated or there is no
private person injured by the crime.

Victimless crimes has no civil liability

INDEPENDENT CIVIL ACTIONS

Sec. 3. When civil action may proceed independently. – In the cases
provided in Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines, the
independent civil action may be brought by the
offended party. It shall proceed independently of the criminal
action and shall require only a preponderance of evidence. In no case,
however, may the offended party recover damages twice for the same act or omission
charged in the criminal action.

WHAT ARE THE INDEPENDENT CIVIL ACTIONS?

> The independent civil actions are those provided in Articles 32, 33, 34 and 2176 of
the Civil Code
> They may proceed independently of the criminal action and shall require only a
preponderance of evidence
> This is the principle of independent civil actions—it can proceed
independently from the criminal action. Nonetheless, the offended
party may not have double recovery. The offended party only gets the
bigger award.

Exemptions:
1. File ahead in criminal action
2. Expressly reserved
3. Civil action is vague

Exemption to the exemption: ?

103

ART. 104. WHAT IS INCLUDED IN CIVIL LIABILITY

RESTITUTION – restitution of the thing itself must be made whenever possible even when
found in the possession of a third person except when acquired by such person in any manner
and under the requirements which, by law, bar an action for its recovery.

REPARATION OF DAMAGES – reparation will be ordered by the court if restitution is not

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

INDEMNIFICATION FOR DAMAGES – includes not only those caused the injured party, but also,
those suffered by his family or by a third person by reason of the crime.

Til art 107