This is true to a felony characterized by
Criminal Law Reviewer (Art. 1-113)
Criminal Law – is that branch of public substantive law which
defines offenses and prescribes their penalties. It is also that
branch of municipal law, which defines crimes, treats of their
nature and provides for their punishment.
3 Characteristics of Criminal Law:
1) Generality - means that the criminal law of the
country governs all persons within the country
regardless of their race, belief, sex, or creed.
However, it is subject to certain exceptions brought
about by international agreement. Ambassadors,
chiefs of states and other diplomatic officials are
immune from the application of penal laws when
they are in the country where they are assigned.
(Hindi kasama dito ang diplomats, etc.)
2) Territoriality - means that the penal laws of the
country have force and effect only within its
territory. It cannot penalize crimes committed
outside the same. This is subject to certain
exceptions brought about by international
agreements and practice. The territory of the
country is not limited to the land where its
sovereignty resides but includes also its maritime
and interior waters as well as its atmosphere.
(kasama lahat dito!)
- Terrestrial: jurisdiction exercised over the
land
- Fluvial: jurisdiction over maritime and
interior waters (3-5 nautical miles from the
shore, sakop pa rin natin)
- Aerial: jurisdiction over the atmosphere
(airspace natin)
3) Prospectivity - Acts or omissions will only be subject
to a penal law if they are committed after a penal
law had already taken effect. Vice-versa, this act or
omission which has been committed before the
effectivity of a penal law could not be penalized by
such penal law because penal laws operate only
prospectively.
French Rule
The French Rule provides that the nationality of the vessel
follows the flag which the vessel flies, unless the crime
committed endangers the national security of a foreign
country where the vessel is within jurisdiction in which case
such foreign country will never lose jurisdiction over such
vessel.
American Rule / Anglo-Saxon Rule
This rule strictly enforces the territoriality of criminal law.
The law of the foreign country where a foreign vessel is
within its jurisdiction is strictly applied, except if the crime
affects only the internal management of the vessel in which
case it is subject to the penal law of the country where it is
registered.
°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.
- 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.
- Common law crimes are wrongful acts
which the community/society condemns as
contemptible, even though there is no law
declaring the act criminal.
- Not any law punishing an act or omission
may be valid as a criminal law. If the law
punishing an act is ambiguous, it is null and
void.
“Actus non facit reum, nisi mens sit rea” – The act cannot
be criminal where the mind is not criminal.
-
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.
“Mens Rea” – in layman’s terms: “bulls-eye” of a crime.
Synonymous with criminal or deliberate intent, but that is not
correct. It still depends on the elements of the crime. You
can only detect the mens rea of a crime by knowing the
particular crime committed. Without reference to a
particular crime, this term is meaningless.
Ex. In theft, mens rea is taking the property with intent to
gain. In falsification, mens rea, is the effect of the forgery
with intent to pervert the truth.
Mala in se:
- Which literally means, that the act is
inherently evil or bad or per se wrongful.
- These are punishable by our RPC.
- The intent is crucial.
Mala prohibita(um):
- These are violations of special laws.
- Example is possession of drugs (punishable
by Special Laws), ito yung kahit hindi mo
gagamitin or ibebenta, the mere fact na
nasa pagmamay-ari mo ito, bawal pa rin!
Felony: these are acts or omissions as defined by Article 3 of
the RPC. They may be differentiated by dolo (deceit) which is
intentional, and culpa (fault) which is imprudence,
negligence, lack of skill or foresight.
Offense: are crimes punished under a special law is called as
statutory offense.
Misdemeanor: a minor infraction of the law, such as a
violation of an ordinance, is referred to as a misdemeanor.
Crime: whether the wrongdoing is punished under the
Revised Penal Code or under a special law, the generic word
crime can be used.
Mistake of Fact:
When the offender acted out of a mistake of fact, criminal
intent is negated, so do not presume that the act was done
with criminal intent. This is absolutory if crime involved
dolo.
Dolo has three requisites:
1) Criminal Intent
2) Freedom of action
3) Intelligence
Culpa has three requisites as well:
1) criminal negligence on the part of the offender ,
that is, the crime was the result of negligence,
reckless imprudence, lack of foresight or lack of
skill;
2) freedom of action on the part of the offender, that
is, he was not acting under duress; and
3) Intelligence on the part of the offender in
performing the negligent act.
Distinction between Dolo and Culpa:
Dolo, has criminal intent, and culpa has criminal
negligence.
Criminal Intent has 2 categories:
1) General Criminal Intent: presumed from the mere
doing of a wrong act. This does not require proof.
2) Special Criminal Intent: not presumed because it is
an ingredient or element of a crime, like intent to
kill in the crimes of attempted or frustrated
homicide /parricide /murder. The prosecution has
the burden of proving the same.
May a crime be committed without criminal intent?
Yes. It is not necessary between these areas:
1) When the crime was committed was a product of
culpa or negligence, reckless imprudence, lack of
foresight or skill;
2) When the crime is a prohibited act under a special
law or what is called mala prohibita(um)
Distinction between intent and discernment:
Intent is the determination to do a certain thing, an aim or
purpose of the mind. On the other hand, discernment is the
mental capacity to tell right from wrong.
Distinction between intent and motive:
Intent is demonstrated by the use of a particular means to
bring about a desired result – it is not a state of mind or a
reason for committing a crime. On the other hand, motive
implies motion. It is the moving power which impels one to
do an act.
Distinction between negligence and imprudence:
(1) In negligence, there is deficiency of action;
(2) In imprudence, there is deficiency of
perception.
Criminal Liability:
This shall be incurred upon the person on the act of a crime
(gumawa ng krimen), whether:
Error in personae – mistake in identity (wrong person) Ex. A
wanted to kill B, but kill C instead, this is considered as
mistake in identity.
Abberatio ictus – mistake in blow (wrong shot; bullet went
the other way etc.) Ex. A shot B, but instead, the bullet
ricocheted (bounced off) from the wall and hit C. (best
example from CSI: Las Vegas where a guy in avoiding an
incoming blow and someone got hit instead and that fellow
died of injuries to the head hours later.)
Praeter intentionem – where the consequence exceeded the
intention. Ex. A dropped a pail of water on B’s head, his
intention was just a joke and getting B wet. But instead of
getting wet, B died due to hemorrhage to the skull suffered
from the injuries. (another best example in CSI: New York,
where a sorority member inserted a canister on an inhaler of
a “sister sorority” to set the mood (the said canister was said
to heighten sexual appetite) not knowing of her previous
condition (which was asthma) which collided and thus killing
her instead of setting mood, she died of orgasm.)
Proximate cause:
Article 4, Paragraph 1, presupposes that the act done was a
proximate cause. It must be:
1) Direct
2) Natural
3) Logical consequence of the felonious act
Impossible Crime:
Is an act which would be an offense against person or
property were it not for the inherent impossibility of its
accomplishment or on account of the employment of
inadequate or ineffectual means.
Ex. A houseboy on the intention of raping his beautiful master
went upstairs unlocked the door and proceeded to rape her
without knowing that she was dead to begin with. An
impossible crime was committed.
Article 4, Paragraph 1 – this refers to the wrongful act done
constituted a felony, although it might be different from
what he intended. Ex. In saving D’s life from imminent danger
of being hit by an oncoming truck, A yanked him out and set
him aside. Not realizing that there were snakes or spikes
where he shoved him thus resulting in his death.
Article 4, Paragraph 2 – this refers to a situation where the
wrongful act did not constitute any felony, but because the
act would have given rise to a crime against persons or
against property, the same is penalized to repress criminal
tendencies to curtail their frequency.
Article 5 of the RPC covers two (2) instances:
1) The court cannot convict the accused because the
acts do not constitute a crime. The proper
judgment is acquittal, but the court is mandated to
report to the Chief Executive that said act be made
subject of penal legislation and why. Ex. There is no
crime committed, thus resulting in the person’s
freedom/acquittal. (best example from CSI: Miami,
when a guy was convicted of shooting a man, but
since there was no GSR (gunshot residue) found on
him, evidence showed otherwise, thus acquitting
him.)
2) Where the court finds the penalty prescribed for the
crime too harsh considering the conditions
surrounding the commission of the crime, the judge
should impose the law. The most that he could do is
to recommend to the Chief Executive to grant
executive clemency. Ex. In the case of complex
crimes, although the punishment be given be the
highest level of punishment, they recommend to the
President that the prisoner be granted pardon or
clemency (best example when Michael Scofield’s
brother Linc was pardoned by the President)
Stages in committing a felony:
As emphasized on Article 6, the following are the stages:
1) Attempted – the crime was commenced first, but
only injuries were sustained.
2) Frustrated – the crime that happened was in progress
to 75% of the event, believing that the victim was
already dead, the killer fled the scene not knowing
that the victim still had a pulse and survived because
the victim was brought to the hospital where he was
saved.
3) Consummated – total death for the victim killed or
murdered.
• Note that there is no frustrated rape only
consummated, no matter how the penetration
happened, it was still consummated.
• There is no frustrated robbery, only desistance,
meaning the person about to rob the store was
overcome by guilt and changed his mind later.
• There is no frustrated or attempted oral defamation,
it is always in the consummated stage.
Formal Crimes – are crimes which are consummated in one
instance.
The difference between attempted and frustrated stage lies
on whether the offender has performed all the acts or
execution for the accomplishment of the crime.
Literally, under the article 6, if the offender has performed
all the acts of execution which should produce the felony as a
consequence but the felony was not realized, then the crime
is already in the frustrated stage. If the offender has not yet
performed all the acts of execution – there is yet something
to be performed – but he was not able to perform all the acts
of execution due to some cause or accident other than his
own spontaneous desistance, then you have an attempted
felony.
Desistance:
On the part of the offender negates criminal liability in the
attempted stage. Desistance is true only in the attempted
stage of the felony. If under the definition of the felony, the
act done is already in the frustrated stage, no amount of
desistance will negate criminal liability.
Whether the felony is attempted, frustrated or
consummated, here are the following criteria involved:
1) The manner of committing the crime;
2) The elements of the crime; and
3) The nature of the crime itself
Manner of committing a crime
Ex. Bribery. Can the crime of frustrated bribery be
committed? No.
It usually takes 2 to tango. Meaning there is a principal and
an accomplice. And 2 people to take part in the crime. As
mentioned earlier there is no such thing as frustrated rape. In
rape, it requires the connection of the offender and the
offended party. No penetration at all, there is only an
attempted stage. Slightest penetration or slightest
connection, consummated. You will notice this from the
nature of the crime requiring two participants.
On physical injuries
In order that in law, a deformity can be said to exist, three
factors must concur:
(1) The injury should bring about the ugliness;
(2) The ugliness must be visible;
(3) The ugliness would not disappear
through natural healing process.
Elements of a crime:
1) Element of intent to damage
2) The damage inflicted
3) Intent to gain
Nature of crime:
1) Grave
2) Light
Conspiracy and proposal to commit felon
For conspiracy to exist:
1) There is an agreement
2) The participants acted in concert or simultaneously
which is indicative of a meeting of the minds
towards a common criminal goal or criminal
objective. When several offenders act in a
synchronized, coordinated manner, the fact that
their acts complimented each other is indicative of
the meeting of the minds. There is an implied
agreement.
Two (2) kinds of conspiracy:
1) Conspiracy as a crime – more of national security
(like coup d’etat)
2) Conspiracy as a manner of incurring criminal liability
– following an attack, the 2 offenders conspired to
get back at the person who attacked them thus
resulting in his death.
Proposal to commit murder is not a crime. But if B accepts
the proposal, there will be conspiracy to commit murder
which is a crime under the Revised Penal Code.
When the conspiracy is only a basis of incurring criminal
liability, there must be an overt act done before the co-
conspirators become criminally liable. When the conspiracy
itself is a crime, this cannot be inferred or deduced because
there is no overt act. All that there is the agreement. On
the other hand, if the co-conspirator or any of them would
execute an overt act, the crime would no longer be the
conspiracy but the overt act itself.
Composite crimes – are crimes which, in substance, consist
of more than one crime but in the eyes of the law, there is
only one crime. Ex. Crimes with robbery with rape, robbery
with homicide, robbery with physical injuries.
Complex crimes – are crimes which in sum, consist of a
mixture of two crimes, but the penalty that will be imposed
shall be the one with the graver offense.
Classifications of felonies:
1) According to the manner of their commission. Under
Article 3, they are classified as, intentional felonies
or those committed with deliberate intent; and
culpable felonies or those resulting from negligence,
reckless imprudence, lack of foresight or lack of
skill.
2) According to the stages of their execution. Under
Article 6., felonies are classified as attempted felony
when the offender commences the commission of a
felony directly by overt acts, and does not perform
all the acts of execution which should produce the
felony by reason of some cause or accident other
than his own spontaneous desistance; frustrated
felony when the offender commences the
commission of a felony as a consequence but which
would produce the felony as a consequence but
which nevertheless do not produce the felony by
reason of causes independent of the perpetrator;
and, consummated felony when all the elements
necessary for its execution are present.
3) According to their gravity. Under Article 9, felonies
are classified as grave felonies or those to which
attaches the capital punishment or penalties which
in any of their periods are afflictive; less grave
felonies or those to which the law punishes with
penalties which in their maximum period was
correccional; and light felonies or those infractions
of law for the commission of which the penalty is
arresto menor.
There are five (5) circumstances affecting criminal liability:
1) Justifying circumstances
2) Exempting circumstances
3) Mitigating Circumstances
4) Aggravating Circumstances
5) Alternative Circumstances
There are 2 others found elsewhere in the provision of the
RPC:
1) Absolutory cause
2) Extenuating circumstances
Absolutory cause: The effect of this is to absolve the offender
from criminal liability, although not from civil liability. It has
the same effect as an exempting circumstance, but you do
not call it as such in order not to confuse it with the
circumstances under Article 12. It has the effect of an
exempting circumstance and they are predicated on lack of
voluntariness like instigation. Instigation is associated with
criminal intent.
Difference between instigation and entrapment
In instigation, the criminal plan or design exists in the mind
of the law enforcer with whom the person instigated
cooperated so it is said that the person instigated is acting
only as a mere instrument or tool of the law enforcer in the
performance of his duties.
On the other hand, in entrapment, a criminal design is
already in the mind of the person entrapped. It did not
emanate from the mind of the law enforcer entrapping him.
Entrapment involves only ways and means which are laid
down or resorted to facilitate the apprehension of the
culprit.
Extenuating circumstance
The effect of this is to mitigate the criminal liability of the
offender. In other words, this has the same effect as
mitigating circumstances, only you do not call it mitigating
because this is not found in Article 13.
Distinction between Justifying and Exempting Circumstances:
Justifying Circumstances:
1) The circumstance affects the act, not the actor;
2) The act complained of is considered to have been
done within the bounds of law; hence, it is
legitimate and lawful in the eyes of the law;
3) Since the act is considered lawful, there is no crime,
and because there is no crime, there is no criminal;
4) Since there is no crime or criminal, there is no
criminal liability as well as civil liability
Exempting Circumstances:
1) The circumstances affect the actor, not the act;
 2) The act complained of is actually wrongful, but the
actor acted without voluntariness. He is a mere tool
or instrument of the crime;
3) Since the act complained of is actually wrongful,
there is a crime. But because the actor acted
without voluntariness, there is absence of dolo or
culpa. There is no criminal;
4) Since there is a crime committed but there is no
criminal, there is civil liability for the wrong done.
But there is no criminal liability. However, in
paragraphs 4 and 7 of Article 12, there is neither
criminal nor civil liability.
Justifying Circumstances:
Since the justifying circumstances are in the nature of
defensive acts, there must be always unlawful aggression.
The reasonableness of the means employed depends on the
gravity of the aggression. If the unlawful aggressor was
killed, this can only be justified if it was done to save the life
of the person defending or the person being defended. The
equation is “life was taken to save life.”
Self defense:
It is the element of unlawful aggression that is in issue.
Never confuse unlawful aggression with provocation. Mere
provocation is not enough.
Defense of property rights
This can only be invoked if the life and limb of the person
making the defense is also the subject of unlawful aggression.
Life cannot be equal to property.
Defense of stranger
If the person being defended is already a second cousin, you
do not invoke defense of relative anymore. It will be defense
of stranger. This is vital because if the person making the
defense acted out or revenge, resentment or some evil
motive in killing the aggressor, he cannot invoke the
justifying circumstance if the relative defended is already a
stranger in the eyes of the law. On the other hand, if the
relative defended is still within the coverage of defense of
relative, even though he acted out of some evil motive, it
would still apply. It is enough that there was unlawful
aggression against the relative defended, and that the person
defending did not contribute to the unlawful aggression.
Incomplete self-defense or incomplete justifying
circumstance or incomplete exempting circumstances
When you say incomplete justifying circumstance, it means
that not all the requisites to justify the act are present or not
the requisites to exempt from criminal liability are present.
First, to have incomplete self-defense, the offended party
must be guilty of unlawful aggression. Without this, there
can be no incomplete self-defense, defense of relative, or
defense of stranger.
Second, if only the element of unlawful aggression is present,
the other requisites being absent, the offender shall be given
only the benefit of an ordinary mitigating circumstance.
Third, if aside from the element of unlawful aggression
another requisite, but not all, are present, the offender shall
be given the benefit of a privileged mitigating circumstance.
In such a case, the imposable penalty shall be reduced by one
or two degrees depending upon how the court regards the
importance of the requisites present. Or absent.
State of necessity – this is the commission of a crime to avoid
an imminent and clear present danger.
Fulfillment of duty – this is the commission of the crime in
line of duty, and there are 2 conditions:
1) The felony was committed while the offender was in
the fulfillment of a duty or in the lawful exercise of
a right or office; and
2) The resulting felony is the unavoidable consequence
of the due fulfillment of the duty or the lawful
exercise of the right or office
Exempting Circumstances:
The reason for the exemption lies on the involuntariness of
the act – one or some of the ingredients of voluntariness such
as criminal intent, intelligence, or freedom of action on the
part of the offender is missing.
This includes:
1) Imbecility and insanity – take note on the grounds of
insanity the accused acted with complete
deprivation of intelligence in committing the crime
and test of volition, whether the accused acted in
total deprivation of freedom of will.
2) Minority
“Damnum absque injuria” – the offender is exempt from
criminal liability but of civil liability as well.
Mitigating Circumstances:
These are accompanying or accessory condition, event, or
fact that (though not constituting a justification or excuse of
an offense) may be considered by the courts as reducing the
degree of culpability or liability of the accused. Such
circumstances may include family or personal situations, and
may help in attracting a sentence less severe than a typical
sentence for similar offenses.
There are two distinctions: ordinary and privileged.
1) As to the nature of the circumstances, ordinary
mitigating circumstance can be offset by aggravating
circumstances, while privileged can never be offset.
2) As to effect, ordinary, if not offset will operate to
reduce the penalty to a minimum period, provided
the penalty is a divisible one (negotiable. Meaning if
you hear the words of an officer Man 1, but because
of the offender’s confession and divulging of other
vital information, Man 1 with reduced sentence of up
to 5 years with probation). With privileged, it
operates to reduce the penalty by one or two
degree, depending on what the law provides.
Sufficient threat or provocation:
This is mitigating only if the crime was committed on the very
person who made the threat or provocation. The common
set-up given in a bar problem is that of provocation was given
by somebody. The person provoked cannot retaliate against
him; thus, the person provoked retaliated on a younger
brother or on an elder father. Although in fact, there is
sufficient provocation, it is not mitigating because the one
who gives the provocation is not the one against whom the
crime was committed.
Diminished self control has two criteria:
1) Time has lapsed after the provocation was initially
given (ex. A guy was insulted at this moment, and
retaliated back after 24 hours. Giving him enough
time to think of his actions)
2) If there is that time element and at the same time,
facts are given indicating that at the time the
offender committed the crime, he is still suffering
from outrage of the threat or provocation done to
him, then he will still get the benefit of this
mitigating circumstance.
Vindication of a grave offense, the vindication need not be
done by the person upon whom the grave offense was
committed.
Passion or obfuscation – this stands on the premise or
proposition that the offender is suffering from a diminished
self-control because of passion or obfuscation. Passion must
be legitimate.
This occurs when an assault on spouse or loved one is
prominent, and because of a jealous outbreak you end up
killing the person assaulting your spouse or loved-one.
Physical defect is another mitigating circumstance.
Regardless of any physical defect a person may still commit a
crime as the other parts of the body are fully functioning and
could still commence the crime. Blind, and invalid are not
exempted. Some parts of their body are still working.
Aggravating Circumstances:
Circumstances that increase the seriousness or
outrageousness of a given crime, and that in turn increase the
wrongdoer's penalty or punishment.
These are the kinds of aggravating circumstances:
1) Generic or those that can generally apply to all
crime;
2) Specific or those that apply only to a particular
crime
3) Qualifying or those that change that change the
nature of the crime
4) Inherent or those that must of necessity accompany
the commission of the crime
Distinctions between Aggravating and Qualifying
circumstances
In aggravating:
1) The circumstance could be offset by a mitigating
circumstance,
2) No need to allege this circumstance in the
information, as long as it is proven during trial. If it
is proved during trial, the court would consider the
same in imposing the penalty;
3) It is not an ingredient of a crime. It only affects the
penalty to be imposed but the crime remains the
same
In qualifying circumstances:
1) The circumstance affects the nature of the crime
itself such that the offender shall be liable for a
more serious crime. The circumstance is actually an
ingredient of the crime
2) Being an ingredient of the crime, it cannot be offset
by any mitigating circumstance
3) Qualifying circumstances to be appreciated as such
must be specifically alleged in the complaint or
information. If not alleged but proven during the
trial, it will be considered only as generic
aggravating circumstance. If this happens, they are
susceptible of being offset by a mitigating
circumstance
Aggravating circumstances includes:
1) Taking advantage of public position – this means you
use public office as a medium to commence a crime
thinking that you wouldn’t be convicted (well guess
again!)
2) Disrespect due to age, rank and sex –this refers to
old, young and for the sex, it’s the female
3) Abuse of confidence – this is not mere betrayal of
trust just because in example you left your daughter
in the trust of a neighbor and your neighbor rapes
your daughter. That is not aggravating, what is
aggravating if it was done to you.
4) Dwelling – this refers to house, regardless if its yours
or not!
5) Band – obviously this refers to more than 3 people! It
would be bad enough as it is if one person kills you,
but a group? (hello! Common sense!)
6) Uninhabited place – this refers to an area far away
from civilization, if this is you, it would be so unfair
as the criminal intends that you won’t be saved, this
is considered as aggravating.
7) Nighttime – you are rendered defenseless at this
point in moment in time. You are sleeping, so killing
you while sleeping aggravates the whole thing!
8) Treachery – violation of allegiance or faith. You
create this once your allegiance/loyalty to someone
is destroyed.
9) Evident premeditation – it means you planned this all
along!!!
10) Breaking and entering is included as well!
11) If you ask the aid of people below 15 years of age,
the crime gets aggravated! (best example CSI:
Miami, when an offender asked the aid of Horatio’s
son Kyle who at the time of the offense was 15,
ranking him as a juvenile)
12) Craft, disguise or fraud be used in committing a
crime.
13) If you create an explosion, poison, stranding a
vessel, fire, (all man-made accidents) these also
aggravate the situation. If you use these examples to
hide your crime, then you’re facing jail time for a
lifetime.
14) If you accepted a bribe, reward or price in exchange
for a commencement of a crime, well consider these
things aggravating.
15) Another aggravating circumstances, you kill someone
and being a show-off, you exposed the person, not
only dead, but naked as well and hung him on a
tree, this is ignominy. Kumbaga sa dead, double-
dead na ito!
16) If you use your size to get your way and in the end
resulting in death, then this is also considered as
aggravating.
17) During natural causes of accidents like earthquake or
epidemic and you used it as a cover for your crime,
this is also aggravating. (Best example of this, CSI:
Miami, a robbery took place during a tsunami event.
The robbers used a geologist to cover for them. Talk
about good research! But regardless, it’s still
aggravating circumstances)
18) If you commit a crime in the executive palace,
regardless of the existence of the president or not,
the grounds are still aggravating. Especially if you
shoot a gun inside a church!
19) If you insult a public officer, that is also an
aggravating circumstance.
20) If you also asked the help of armed men, it also
aggravates the case.
Recidivism – the offender at the time of the trial shall have
been previously convicted by final judgment of another in the
same title of the RPC. Ex. A guy committed murder last 2
months ago, and now he is being convicted of homicide.
Reiteration – the offender has been punished for an offense
which the law attaches an equal greater penalty for two or
more crimes to which it attaches a lighter penalty. This time,
separate titles are applicable. Ex. Robbery with rape is a
good example.
Habitual delinquency – the offender within a 10-year period
from the date of release or conviction of the crimes: robbery,
estafa, murder, the third time.
Alternative Circumstance:
These offenses are against your family (relationship)
These offenses also cover the part when you’re drunk (so stop
drinking!)
It doesn’t care if you’ve finished a college degree or a simple
1st grader. Everyone has a tendency to become a murderer.
The following are Criminally Liable for Grave felonies:
1) Principals – main doers of the crime
2) Accomplices – the one who helped in the execution
3) Accessories – one may not be there during the crime,
but after you help hide the evidence (obstruction of
justice ito)
The following are Criminally Liable for Light felonies:
1) Principals
2) Accomplices
Grave felonies:
These felonies are punishable by the highest possible
punishment: lifetime imprisonment or 6-30 years. Examples
are rape, murder, robbery, treason.
Light felonies:
These felonies, are punishable by lightest punishments:
arresto menor, bail. These are commenced due to infractions
and misdemeanors.
Accessories who are exempt from Criminal Liability are your
relatives, siblings, spouses.
Punishments given for Grave Felonies: A: Yes, he is.
1) Reclusion perpetua
2) Reclusion temporal Pardon, although absolute, does not erase the effects of
3) Perpetual or temporary disqualification conviction. It only excuses the accused from serving his
4) Perpetual or special disqualification sentence.
5) Prision mayor
In the case at bar, the accused was awarded or given pardon,
Correctional penalties: not amnesty, which erases not only the conviction but also
1) Prision correccional the crime itself. He then commits a crime of rebellion,
2) Arresto mayor thereby making him a recidivist.
3) Suspension
4) Destierro Art. 24. Measures of prevention or safety which are not
considered penalties. — The following shall not be
Light penalties considered as penalties:
1) Arresto menor 1. The arrest and temporary detention of accused persons,
2) Public censure as well as their detention by reason of insanity or
imbecility, or illness requiring their confinement in a
Penalties common to the three preceding classes: hospital.
1) Fine and 2. The commitment of a minor to any of the institutions
2) Bond to keep the peace. mentioned in Article 80 and for the purposes specified
therein.
3. Suspension from the employment of public office during
Art. 21. Penalties that may be imposed. — No felony shall
the trial or in order to institute proceedings.
be punishable by any penalty not prescribed by law prior
4. Fines and other corrective measures which, in the
to its commission.
exercise of their administrative disciplinary powers,
superior officials may impose upon their subordinates.
: Meaning, you cannot punish anyone with any penalty if he or
5. Deprivation of rights and the reparations which the civil
she did not commit any crime, thus the legal maxim: “Nullum
laws may establish in penal form.
crimen, nulla poena sine lege” - There is no crime when there
is no law punishing the same.
: The abovementioned are not penalties for a crime. Rather
Ex: A man was convicted of murder, but his alibi and
they are just part of due process given to an accused.
evidence showed otherwise. Should the man be convicted of
murder or not?
Art. 25. Penalties which may be imposed. – The penalties
which may be imposed according to this Code, and their
A: No, he shouldn’t be.
different classes, are those included in the following:
There was no felony committed, therefore, no penalty is
Capital punishment: Death
prescribed by law punishing it, thus the legal maxim: Nullum
Afflictive penalties: Reclusion perpetua, Reclusion
crimen, nulla poena sine lege – there is no crime when there
temporal, Perpetual or temporary absolute
is no law punishing the same.
disqualification, Perpetual or temporary special
disqualification, Prision mayor.
In the case given, although the man was convicted of murder,
Correctional penalties: Prision correccional, Arresto
the evidence and alibi does not tie him to the crime.
mayor, Suspension, Destierro.
Penalties common to the three preceding classes: Fine,
Thus eliminating him of any liability for there was no crime
and Bond to keep the peace.
committed.
Accessory Penalties:
Art. 22. Retroactive effect of penal laws. — Penal Laws
Perpetual or temporary absolute disqualification
shall have a retroactive effect insofar as they favor the
Perpetual or temporary special disqualification
persons guilty of a felony, who is not a habitual criminal,
Suspension from public office, the right to vote and be
as this term is defined in Rule 5 of Article 62 of this Code,
voted for, the profession or calling
although at the time of the publication of such laws a final
Civil interdiction
sentence has been pronounced and the convict is serving
Indemnification
the same.
Forfeiture or confiscation of instruments and proceeds of
the offense
: With relation to Art. 4 of the Civil Code: “Laws shall have no
Payment of costs
retroactive effect unless otherwise provided,” meaning, laws
are usually prospective. They never look back. Say for
: The abovementioned are penalties imposed on the criminal
example, a man committed a crime of murder, if he was
offenses being committed by offenders.
sentenced for the penalty of the death sentence, and since it
was abolished, it will no longer follow. Should it be
Art. 26. When afflictive, correctional, or light penalty. — A
implemented back, he is no longer covered by such
fine, whether imposed as a single of as an alternative
punishment.
penalty, shall be considered an afflictive penalty, if it
exceeds 6,000 pesos; a correctional penalty, if it does not
Art. 23. Effect of pardon by the offended party. — A
exceed 6,000 pesos but is not less than 200 pesos; and a
pardon of the offended party does not extinguish criminal
light penalty if it less than 200 pesos.
action except as provided in Article 344 of this Code; but
: This means you could just pay for bail, if what you
civil liability with regard to the interest of the injured
committed did not meet the penalties mentioned in the
party is extinguished by his express waiver.
preceding article.
: This is in connection to the pardoning of the President to
Art. 27. Reclusion perpetua. – Any person sentence to any
the accused. Usually in the case of rape, unless the person is
of the perpetual penalties shall be pardoned after
forgiven by the victim, then the offender is not pardoned.
undergoing the penalty for thirty years, unless such person
The difference between amnesty and pardon lies between the
by reason of his conduct or some other serious cause shall
erasure of the conviction and the crime itself. Pardon,
be considered by the Chief Executive as unworthy of
excuses the convict from serving the sentence.
pardon. (20 years and 1 day to 40 years)
Ex: Suppose, instead of amnesty, what was given was
absolute pardon, then years later, the offender was again
Reclusion temporal. – The penalty of reclusion temporal
captured and charged for rebellion, he was convicted, is he a
shall be from twelve years and one day to twenty years.
recidivist?
Prision mayor and temporary disqualification. – The
duration of the penalties of prision mayor and temporary
disqualification shall be from six years and one day to
twelve years, except when the penalty of disqualification
is imposed as an accessory penalty, in which case its
duration shall be that of the principal penalty.
Prision correccional, suspension, and destierro. — The
duration of the penalties of prision correccional,
suspension and destierro shall be from six months and one
day to six years, except when suspension is imposed as an
accessory penalty, in which case, its duration shall be that
of the principal penalty.
Arresto mayor. — The duration of the penalty of arresto
mayor shall be from one month and one day to six months.
Arresto menor. — The duration of the penalty of arresto
menor shall be from one day to thirty days.
Bond to keep the peace. — The bond to keep the peace
shall be required to cover such period of time as the court
may determine.
: The abovementioned penalties are to be given on offenders
when they have committed a crime, depending on the
lightness and gravity of the crime committed. The gravest
being Reclusion perpetua since the Death sentence has been
abolished. And bond to keep peace as the lightest.
Art. 28. Computation of penalties. — If the offender shall
be in prison, the term of the duration of the temporary
penalties shall be computed from the day on which the
judgment of conviction shall have become final.
If the offender be not in prison, the term of the duration of
the penalty consisting of deprivation of liberty shall be
computed from the day that the offender is placed at the
disposal of the judicial authorities for the enforcement of
the penalty. The duration of the other penalties shall be
computed only from the day on which the defendant
commences to serve his sentence.
: This refers to the duration of the sentence.
Ex: True or false, a man was convicted of Reclusion temporal
after committing a crime of homicide should be serving a
sentence of twenty years and one day to forty years?
A: False.
The Revised Penal Code provides that Reclusion temporal is
supposed to be served twelve years and one day to twenty
years.
In the case at bar, the man committed homicide and was
punished with Reclusion temporal. The years that was
mention in the prescription was for Reclusion perpetua.
Art. 29. Period of preventive imprisonment deducted from
term of imprisonment. — Offenders 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 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 be credited in the service of his sentence with
four-fifths of the time during which he has undergone
preventive imprisonment.
Whenever an accused has undergone preventive
imprisonment for a period equal to or more than 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. In case
the maximum penalty to which the accused may be
sentenced is destierro, he shall be released after thirty
(30) days of preventive imprisonment.
: This is in reference to offenders who have served their
sentences to prevent them from committing another crime.
Art. 30. Effects of the penalties of perpetual or temporary
absolute disqualification. — The penalties of perpetual or
temporary absolute disqualification for public office shall
produce the following effects:
1. The deprivation of the public offices and employments
which the offender may have held even if conferred by
popular election.
2. The deprivation of the right to vote in any election for
any popular office or to be elected to such office.
3. The disqualification for the offices or public
employments and for the exercise of any of the rights
mentioned. In case of temporary disqualification, such
disqualification as is comprised in paragraphs 2 and 3 of
this article shall last during the term of the sentence.
4. The loss of all rights to retirement pay or other pension
for any office formerly held.
: This is in line with the sentence: Public office is a public
trust.
Ex: A public officer committed a crime of rape with murder.
His final judgment was perpetual or temporary absolute
disqualification. Do you agree with the judgment or not?
A: Yes, I agree with the judgment.
Public office is a public trust. And if a public officer
commenced such crime, he is not fit to be trusted and must
be stripped of his duties and obligations to the public.
In the given case at bar, the public officer committed rape
with murder, therefore, he cannot be trusted and must be
stripped of his office, duties and obligations as a public
officer, as public office is a public trust.
Art. 31. Effect of the penalties of perpetual or temporary
special disqualification. — The penalties of perpetual or
temporal special disqualification for public office,
profession or calling shall produce the following effects:
1. The deprivation of the office, employment, profession
or calling affected;
2. The disqualification for holding similar offices or
employments either perpetually or during the term of the
sentence according to the extent of such disqualification.
: People in office who had committed a crime shall be
deprived of their office. Like in royalty for example, if the
king commits a crime, he is forced to abdicate and thereby
stripped of his title and office.
Art. 32. Effect of the penalties of perpetual or temporary
special disqualification for the exercise of the right of
suffrage. — The perpetual or temporary special
disqualification for the exercise of the right of suffrage
shall deprive the offender perpetually or during the term
of the sentence, according to the nature of said penalty, of
the right to vote in any popular election for any public
office or to be elected to such office. Moreover, the
offender shall not be permitted to hold any public office
during the period of his disqualification.
: Again with connection to public office is a public trust, the
offender may not hold any office during his term of sentence.
They will be deprived the right to vote in any popular
election for any public office.
Art. 33. Effects of the penalties of suspension from any
public office, profession or calling, or the right of
suffrage. — The suspension from public office, profession
or calling, and the exercise of the right of suffrage shall
disqualify the offender from holding such office or
exercising such profession or calling or right of suffrage
during the term of the sentence.
The person suspended from holding public office shall not
hold another having similar functions during the period of
his suspension.
: In connection with the holding of public office, one may be
suspended from holding public office and shall not hold
another having similar functions during the period of his
suspension.
Art. 34. Civil interdiction. — Civil interdiction shall deprive
the offender during the time of his sentence of the rights
of parental authority, or guardianship, either as to the
person or property of any ward, of marital authority, of
the right to manage his property and of the right to dispose
of such property by any act or any conveyance inter vivos.
: During the term of sentence, one who is convicted is
stripped of rights to parental authority, guardianship, marital
authority and right to manage his property.
Art. 35. Effects of bond to keep the peace. — It shall be the
duty of any person sentenced to give bond to keep the
peace, to present two sufficient sureties who shall
undertake that such person will not commit the offense
sought to be prevented, and that in case such offense be
committed they will pay the amount determined by the
court in the judgment, or otherwise to deposit such
amount in the office of the clerk of the court to guarantee
said undertaking.
The court shall determine, according to its discretion, the
period of duration of the bond.
Should the person sentenced fail to give the bond as
required he shall be detained for a period which shall in no
case exceed six months, is he shall have been prosecuted
for a grave or less grave felony, and shall not exceed thirty
days, if for a light felony.
: In connection to payment of any bail or bond, as to keep the
peace and sanctity of the place.
Art. 36. Pardon; its effect. — A pardon shall not work the
restoration of the right to hold public office, or the right of
suffrage, unless such rights be expressly restored by the
terms of the pardon.
A pardon shall in no case exempt the culprit from the
payment of the civil indemnity imposed upon him by the
sentence.
: Pardon is differentiated from amnesty. As pardon excuses
the sentence but not the crime, and amnesty excuses both
the sentence and the crime.
Art. 37. Cost; What are included. — Costs shall include fees
and indemnities in the course of the judicial proceedings,
whether they be fixed or unalterable amounts previously
determined by law or regulations in force, or amounts not
subject to schedule.
: These are the fees included in paying the bail, or other
form of obligations you have when you are accused.
Art. 38. Pecuniary liabilities; Order of payment. — In case
the property of the offender should not be sufficient for
the payment of all his pecuniary liabilities, the same shall
be met in the following order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.
: When things are to be repaired, or when things are taken,
its either you pay back the equal amount in which the victim
paid for it or you find a way to repair it.
Art. 39. Subsidiary penalty. — If the convict has no
property with which to meet the fine mentioned in the
paragraph 3 of the nest preceding article, he shall be
subject to a subsidiary personal liability at the rate of one
day for each eight pesos, subject to the following rules:
1. If the principal penalty imposed be prision correccional
or arresto and fine, he shall remain under confinement
until his fine referred to in the preceding paragraph is
satisfied, but his subsidiary imprisonment shall not exceed
one-third of the term of the sentence, and in no case shall
it continue for more than one year, and no fraction or part
of a day shall be counted against the prisoner.
2. When the principal penalty imposed be only a fine, the
subsidiary imprisonment shall not exceed six months, if the
culprit shall have been prosecuted for a grave or less grave
felony, and shall not exceed fifteen days, if for a light
felony.
3. When the principal imposed is higher than prision
correccional, no subsidiary imprisonment shall be imposed
upon the culprit.
4. If the principal penalty imposed is not to be executed by
confinement in a penal institution, but such penalty is of
fixed duration, the convict, during the period of time
established in the preceding rules, shall continue to suffer
the same deprivations as those of which the principal
penalty consists.chan robles virtual law library
5. The subsidiary personal liability which the convict may
have suffered by reason of his insolvency shall not relieve
him, from the fine in case his financial circumstances
should improve.
: This is in case a person convicted cannot pay for the same,
they will follow the abovementioned guidelines with regard
to payment.
Art. 40. Death; Its accessory penalties. — The death
penalty, when it is not executed by reason of commutation
or pardon shall carry with it that of perpetual absolute
disqualification and that of civil interdiction during thirty
years following the date sentence, unless such accessory
penalties have been expressly remitted in the pardon.
: This has been abolished, so, at some point no longer
applicable. Although it is still included in the RPC, it is
respected as a resource.
Art. 41. Reclusion perpetua and reclusion temporal; Their
accessory penalties. — The penalties of reclusion perpetua
and reclusion temporal shall carry with them that of civil
interdiction for life or during the period of the sentence as
the case may be, and that of perpetual absolute
disqualification which the offender shall suffer even
though pardoned as to the principal penalty, unless the
same shall have been expressly remitted in the pardon.
Art. 42. Prision mayor; Its accessory penalties. — The
penalty of prision mayor, shall carry with it that of
temporary absolute disqualification and that of perpetual
special disqualification from the right of suffrage which the
offender shall suffer although pardoned as to the principal
penalty, unless the same shall have been expressly
remitted in the pardon.
Art. 43. Prision correccional; Its accessory penalties. —
The penalty of prision correccional shall carry with it that
of suspension from public office, from the right to follow a
profession or calling, and that of perpetual special
disqualification from the right of suffrage, if the duration
of said imprisonment shall exceed eighteen months. The
offender shall suffer the disqualification provided in the
article although pardoned as to the principal penalty,
unless the same shall have been expressly remitted in the
pardon.
Art. 44. Arresto; Its accessory penalties. — The penalty of
arresto shall carry with it that of suspension of the right
too hold office and the right of suffrage during the term of
the sentence.
Art. 45. Confiscation and forfeiture of the proceeds or
instruments of the crime. — Every penalty imposed for the
commission of a felony shall carry with it the forfeiture of
the proceeds of the crime and the instruments or tools
with which it was committed.
Such proceeds and instruments or tools shall be
confiscated and forfeited in favor of the Government,
unless they be property of a third person not liable for the
offense, but those articles which are not subject of lawful
commerce shall be destroyed.
Art. 46. Penalty to be imposed upon principals in general.
— The penalty prescribed by law for the commission of a
felony shall be imposed upon the principals in the
commission of such felony.
Whenever the law prescribes a penalty for a felony is
general terms, it shall be understood as applicable to the
consummated felony.
: This means, all the crimes have been on the consummated
stage.
Art. 47. In what cases the death penalty shall not be
imposed. — The death penalty shall be imposed in all cases
in which it must be imposed under existing laws, except in
the following cases:
1. When the guilty person be more than seventy years of
age.
2. When upon appeal or revision of the case by the
Supreme court, all the members thereof are not
unanimous in their voting as to the propriety of the
imposition of the death penalty. For the imposition of said
penalty or for the confirmation of a judgment of the
inferior court imposing the death sentence, the Supreme
Court shall render its decision per curiam, which shall be
signed by all justices of said court, unless some member or
members thereof shall have been disqualified from taking
part in the consideration of the case, in which even the
unanimous vote and signature of only the remaining
justices shall be required.
: Although the Death sentence is no longer commutable, this
is to be implemented once a person is convicted.
Art. 48. Penalty for complex crimes. — When a single act
constitutes two or more grave or less grave felonies, or
when an offense is a necessary means for committing the
other, the penalty for the most serious crime shall be
imposed, the same to be applied in its maximum period.
: This is when a single act, becomes a crime.
Ex: In the intention of keeping the peace, a police, fires a
gun towards a robber, but since the bullet did a projectile
hitting another bystander thereby killing two people. Was
there a complex crime committed?
A: Yes, there was.
Complex crime is defined as a single act that constitutes two
or more grave or less grave felonies.
In the given case at bar, the police in the intention of
keeping the peace, although he fired the gun at the robber,
the bullet did a projectile which hits a bystander, thus killing
them both.
Thus, the police committed a complex crime.
Art. 49. Penalty to be imposed upon the principals when
the crime committed is different from that intended. — In
cases in which the felony committed is different from that
which the offender intended to commit, the following rules
shall be observed:
1. If the penalty prescribed for the felony committed be
higher than that corresponding to the offense which the
accused intended to commit, the penalty corresponding to
the latter shall be imposed in its maximum period.
2. If the penalty prescribed for the felony committed be
lower than that corresponding to the one which the
accused intended to commit, the penalty for the former
shall be imposed in its maximum period.
3. The rule established by the next preceding paragraph
shall not be applicable if the acts committed by the guilty
person shall also constitute an attempt or frustration of
another crime, if the law prescribes a higher penalty for
either of the latter offenses, in which case the penalty
provided for the attempted or the frustrated crime shall be
imposed in its maximum period.
: This is to be imposed on the principal criminal regardless of
praeter intentionem (or the crime committed is different
from what was intended), the maximum is to be imposed.
Art. 50. Penalty to be imposed upon principals of a
frustrated crime. — The penalty next lower in degree than
that prescribed by law for the consummated felony shall be
imposed upon the principal in a frustrated felony.
: Referring to the graduated scale of penalties, the penalty to
be given in frustrated crime is the next lower in degree.
Ex: A crime of frustrated rape is committed. Rape is usually
punishable with Reclusion perpetua, but in the case of
frustrated rape the next lower degree punishment will be
imposed which is Reclusion temporal.
Art 51. Penalty to be imposed upon principals of
attempted crimes. — A penalty lower by two degrees than
that prescribed by law for the consummated felony shall be
imposed upon the principals in an attempt to commit a
felony.
: This punishment say for example is to be imposed on
attempted rape, then two (2) degrees lower which is Prision
mayor.
Art. 52. Penalty to be imposed upon accomplices in
consummated crime. — The penalty next lower in degree
than that prescribed by law for the consummated shall be
imposed upon the accomplices in the commission of a
consummated felony.
Art. 53. Penalty to be imposed upon accessories to the
commission of a consummated felony. — The penalty lower
by two degrees than that prescribed by law for the
consummated felony shall be imposed upon the accessories
to the commission of a consummated felony.
Art. 54. Penalty to imposed upon accomplices in a
frustrated crime. — The penalty next lower in degree than
prescribed by law for the frustrated felony shall be
imposed upon the accomplices in the commission of a
frustrated felony.
Art. 55. Penalty to be imposed upon accessories of a
frustrated crime. — The penalty lower by two degrees
than that prescribed by law for the frustrated felony shall
be imposed upon the accessories to the commission of a
frustrated felony.
Art. 56. Penalty to be imposed upon accomplices in an
attempted crime. — The penalty next lower in degree than
that prescribed by law for an attempt to commit a felony
shall be imposed upon the accomplices in an attempt to
commit the felony.
Art. 57. Penalty to be imposed upon accessories of an
attempted crime. — The penalty lower by two degrees
than that prescribed by law for the attempted felony shall
be imposed upon the accessories to the attempt to commit
a felony.
Art. 58. Additional penalty to be imposed upon certain
accessories. — Those accessories falling within the terms
of paragraphs 3 of Article 19 of this Code who should act
with abuse of their public functions, shall suffer the
additional penalty of absolute perpetual disqualification if
the principal offender shall be guilty of a grave felony, and
that of absolute temporary disqualification if he shall be
guilty of a less grave felony.
Art. 59. Penalty to be imposed in case of failure to commit
the crime because the means employed or the aims sought
are impossible. — When the person intending to commit an
offense has already performed the acts for the execution
of the same but nevertheless the crime was not produced
by reason of the fact that the act intended was by its
nature one of impossible accomplishment or because the
means employed by such person are essentially inadequate
to produce the result desired by him, the court, having in
mind the social danger and the degree of criminality shown
by the offender, shall impose upon him the penalty of
arresto mayor or a fine from 200 to 500 pesos.
: This is with connection to impossible crime, where the
crime committed and its way of commission is so impossible.
Ex: A brother, on the intent of killing his brother, bought a
poison for his brother’s food. But the pharmacist gave him
cheese flavor powder instead, which did not kill his brother.
Was an impossible crime committed or not?
A: Yes, there was an impossible crime committed.
An impossible crime is a commencement of a crime that the
means of committing it is so impossible that even with the
intent of killing the person did not affect the person instead.
In the case at bar, the brother with an intention on killing his
brother bought poison, but instead was given cheese powder
thereby not killing him.
Art. 60. Exception to the rules established in Articles 50
to 57. — The provisions contained in Articles 50 to 57,
inclusive, of this Code shall not be applicable to cases in
which the law expressly prescribes the penalty provided
for a frustrated or attempted felony, or to be imposed
upon accomplices or accessories.
Art. 61. Rules for graduating penalties. — For the purpose
of graduating the penalties which, according to the
provisions of Articles 50 to 57, inclusive, of this Code, are
to be imposed upon persons guilty as principals of any
frustrated or attempted felony, or as accomplices or
accessories, the following rules shall be observed:
1. When the penalty prescribed for the felony is single and
indivisible, the penalty next lower in degrees shall be that
immediately following that indivisible penalty in the
respective graduated scale prescribed in Article 71 of this
Code.
2. When the penalty prescribed for the crime is composed
of two indivisible penalties, or of one or more divisible
penalties to be impose to their full extent, the penalty
next lower in degree shall be that immediately following
the lesser of the penalties prescribed in the respective
graduated scale.
3. When the penalty prescribed for the crime is composed
of one or two indivisible penalties and the maximum
period of another divisible penalty, the penalty next lower
in degree shall be composed of the medium and minimum
periods of the proper divisible penalty and the maximum
periods of the proper divisible penalty and the maximum
period of that immediately following in said respective
graduated scale.
4. when the penalty prescribed for the crime is composed
of several periods, corresponding to different divisible
penalties, the penalty next lower in degree shall be
composed of the period immediately following the
minimum prescribed and of the two next following, which
shall be taken from the penalty prescribed, if possible;
otherwise from the penalty immediately following in the
above mentioned respective graduated scale.
5. When the law prescribes a penalty for a crime in some
manner not especially provided for in the four preceding
rules, the courts, proceeding by analogy, shall impose
corresponding penalties upon those guilty as principals of
the frustrated felony, or of attempt to commit the same,
and upon accomplices and accessories.
: This is in connection to the penalties once the scale has
graduated. Either the years get added or subtracted.
Art. 62. Effect of the attendance of mitigating or
aggravating circumstances and of habitual delinquency. —
Mitigating or aggravating circumstances and habitual
delinquency shall be taken into account for the purpose of
diminishing or increasing the penalty in conformity with
the following rules:
1. Aggravating circumstances which in themselves
constitute a crime specially punishable by law or which are
included by the law in defining a crime and prescribing the
penalty therefor shall not be taken into account for the
purpose of increasing the penalty.
2. The same rule shall apply with respect to any
aggravating circumstance inherent in the crime to such a
degree that it must of necessity accompany the
commission thereof.
3. Aggravating or mitigating circumstances which arise
from the moral attributes of the offender, or from his
private relations with the offended party, or from any
other personal cause, shall only serve to aggravate or
mitigate the liability of the principals, accomplices and
accessories as to whom such circumstances are attendant.
4. The circumstances which consist in the material
execution of the act, or in the means employed to
accomplish it, shall serve to aggravate or mitigate the
liability of those persons only who had knowledge of them
at the time of the execution of the act or their cooperation
therein.
5. Habitual delinquency shall have the following effects:
(a) Upon a third conviction the culprit shall be sentenced
to the penalty provided by law for the last crime of which
he be found guilty and to the additional penalty of prision
correccional in its medium and maximum periods;
(b) Upon a fourth conviction, the culprit shall be sentenced
to the penalty provided for the last crime of which he be
found guilty and to the additional penalty of prision mayor
in its minimum and medium periods; and
(c) Upon a fifth or additional conviction, the culprit shall
be sentenced to the penalty provided for the last crime of
which he be found guilty and to the additional penalty of
prision mayor in its maximum period to reclusion temporal
in its minimum period.
Notwithstanding the provisions of this article, the total of
the two penalties to be imposed upon the offender, in
conformity herewith, shall in no case exceed 30 years.
For the purpose of this article, a person shall be deemed to
be habitual delinquent, is within a period of ten years from
the date of his release or last conviction of the crimes of
serious or less serious physical injuries, robo, hurto, estafa
or falsification, he is found guilty of any of said crimes a
third time or oftener.
: This article pertains to when the aggravating circumstance
is offset by mitigating circumstance and thus the computation
is either commuted or reduced. This is in the case of serious
physical injury, robbery, estafa, homicide and this is referred
to recidivists or repeat offenders or habitual delinquents.
Art. 63. Rules for the application of indivisible penalties.
— In all cases in which the law prescribes a single
indivisible penalty, it shall be applied by the courts
regardless of any mitigating or aggravating circumstances
that may have attended the commission of the deed.
In all cases in which the law prescribes a penalty composed
of two indivisible penalties, the following rules shall be
observed in the application thereof:
1. When in the commission of the deed there is present
only one aggravating circumstance, the greater penalty
shall be applied.
: If the crime committed is in the aggravating circumstance,
the greater penalty is given, this includes:
1) Reclusion perpetua
2) Reclusion temporal
2. When there are neither mitigating nor aggravating
circumstances and there is no aggravating circumstance,
the lesser penalty shall be applied.
: If both the mitigating and aggravating are missing in the
element of the crime, a lesser penalty shall be applied. This
pertains to:
1) Prision mayor
2) Arresto mayor
3) Arresto menor
3. When the commission of the act is attended by some
mitigating circumstances and there is no aggravating
circumstance, the lesser penalty shall be applied.
: This is in the presence of a mitigating circumstance but no
aggravating, a lesser penalty is to be administered.
4. When both mitigating and aggravating circumstances
attended the commission of the act, the court shall
reasonably allow them to offset one another in
consideration of their number and importance, for the
purpose of applying the penalty in accordance with the
preceding rules, according to the result of such
compensation.
: This is in the case where both are present, then one can
offset the other by either reducing the number of years.
Art. 64. Rules for the application of penalties which
contain three periods. — In cases in which the penalties
prescribed by law contain three periods, whether it be a
single divisible penalty or composed of three different
penalties, each one of which forms a period in accordance
with the provisions of Articles 76 and 77, the court shall
observe for the application of the penalty the following
rules, according to whether there are or are not mitigating
or aggravating circumstances:
1. When there are neither aggravating nor mitigating
circumstances, they shall impose the penalty prescribed by
law in its medium period.
: This is in case neither the aggravating nor mitigating is
present, the medium penalty is given.
2. When only a mitigating circumstances is present in the
commission of the act, they shall impose the penalty in its
minimum period.
: In this case, the minimum period (it may be arresto menor
or bond) that will be given as punishment to the accused.
3. When an aggravating circumstance is present in the
commission of the act, they shall impose the penalty in its
maximum period.
: Granting in this case that an aggravating circumstance was
present in the commission of the crime, maximum is to be
implemented: Reclusion perpetua.
4. When both mitigating and aggravating circumstances are
present, the court shall reasonably offset those of one
class against the other according to their relative weight.
: In the case at bar, one may offset the other granting that
both the mitigating and aggravating is present in the
commencement of the crime.
5. When there are two or more mitigating circumstances
and no aggravating circumstances are present, the court
shall impose the penalty next lower to that prescribed by
law, in the period that it may deem applicable, according
to the number and nature of such circumstances.
: In the case where there two or more mitigating
circumstances but no aggravating present, the court shall
impose a lower penalty than that prescribed by law.
6. Whatever may be the number and nature of the
aggravating circumstances, the courts shall not impose a
greater penalty than that prescribed by law, in its
maximum period.
: Death may not be imposed regardless of how aggravating
the circumstances are.
7. Within the limits of each period, the court shall
determine the extent of the penalty according to the
number and nature of the aggravating and mitigating
circumstances and the greater and lesser extent of the evil
produced by the crime.
: This is in favor of the gravity of the crime commenced by
the offender.
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.
: Instead of doing three (3) separate periods of penalty, it
will be done consecutively at the same time.
Art. 66. Imposition of fines. — In imposing fines the courts
may fix any amount within the limits established by law; in
fixing the amount in each case attention shall be given, not
only to the mitigating and aggravating circumstances, but
more particularly to the wealth or means of the culprit.
: Fines that could be accommodated by the wealth or means
of the culprit are to be adjusted in case he/she may not be
able to pay. This is to be determined by the courts.
Art. 67. Penalty to be imposed when not all the requisites
of exemption of the fourth circumstance of Article 12 are
present.— When all the conditions required in
circumstances Number 4 of Article 12 of this Code to
exempt from criminal liability are not present, the penalty
of arresto mayor in its maximum period to prision
correccional in its minimum period shall be imposed upon
the culprit if he shall have been guilty of a grave felony,
and arresto mayor in its minimum and medium periods, if
of a less grave felony.
: This is to be given on the case of any person who, while
performing a lawful act with due care, causes an injury by
mere accident without fault or intention of causing it, as
provided by the Penal Code, under paragraph 4 of Art. 12,
then the maximum period of arresto mayor to the minimum
period of prision correccional is to be imposed.
Art. 68. Penalty to be imposed upon a person under
eighteen years of age. — When the offender is a minor
under eighteen years and his case is one coming under the
provisions of the paragraphs next to the last of Article 80
of this Code, the following rules shall be observed:
1. Upon a person under fifteen but over nine years of age,
who is not exempted from liability by reason of the court
having declared that he acted with discernment, a
discretionary penalty shall be imposed, but always lower
by two degrees at least than that prescribed by law for the
crime which he committed.
2. Upon a person over fifteen and under eighteen years of
age the penalty next lower than that prescribed by law
shall be imposed, but always in the proper period.
: This is in connection to offenders who are minors, but upon
reaching 18 may be tried as an adult.
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.
: With connection to Justifying Circumstances and
Circumstances which exempt from criminal liability, the
penalty is either one or two degree lower, and may be
imposed only in the number and nature of the conditions of
exemption present or lacking.
 3. Suspension from public office, the right to vote and be
Art. 70. Successive service of sentence. — When the culprit voted for, the right to follow a profession or calling,
has to serve two or more penalties, he shall serve them 4. Public censure,
simultaneously if the nature of the penalties will so permit 5. Fine.
otherwise, the following rules shall be observed:
In the imposition of the penalties, the order of their : The abovementioned scales of penalty shall be followed
respective severity shall be followed so that they may be when imposing the punishment on the accused.
executed successively or as nearly as may be possible,
should a pardon have been granted as to the penalty or Art. 72. Preference in the payment of the civil liabilities.
penalties first imposed, or should they have been served — The civil liabilities of a person found guilty of two or
out. more offenses shall be satisfied by following the
For the purpose of applying the provisions of the next chronological order of the dates of the judgments rendered
preceding paragraph the respective severity of the against him, beginning with the first in order of time.
penalties shall be determined in accordance with the
following scale: : This refers to the payment and civil liability of an individual
1. Death, as to when he or she should pay for such liability beginning
2. Reclusion perpetua, with the first.
3. Reclusion temporal,
4. Prision mayor, Art. 73. Presumption in regard to the imposition of
5. Prision correccional,chan robles virtual law library accessory penalties. — Whenever the courts shall impose a
6. Arresto mayor, penalty which, by provision of law, carries with it other
7. Arresto menor, penalties, according to the provisions of Articles 40, 41,
8. Destierro, 42, 43 and 44 of this Code, it must be understood that the
9. Perpetual absolute disqualification, accessory penalties are also imposed upon the convict.
10 Temporal absolute disqualification.
11. Suspension from public office, the right to vote and be : The provisions of Art. 40, 41, 42, 43 and 44 shall also be
voted for, the right to follow a profession or calling, and imposed on the convict who has been accessory to the crime.
12. Public censure.
Notwithstanding the provisions of the rule next preceding, Art. 74. Penalty higher than reclusion perpetua in certain
the maximum duration of the convict's sentence shall not cases. — In cases in which the law prescribes a penalty
be more than three-fold the length of time corresponding higher than another given penalty, without specially
to the most severe of the penalties imposed upon him. No designating the name of the former, if such higher penalty
other penalty to which he may be liable shall be inflicted should be that of death, the same penalty and the
after the sum total of those imposed equals the same accessory penalties of Article 40, shall be considered as
maximum period. the next higher penalty.
Such maximum period shall in no case exceed forty years.
In applying the provisions of this rule the duration of : Since the Death penalty has been abolished, the next higher
perpetual penalties (pena perpetua) shall be computed at penalty next to Reclusion perpetua, which in this case may be
thirty years. life imprisonment (although we do not say so), is next the
next possible punishment or the application of the three-fold
: The best rule for this article is the three-fold rule, where rule.
instead of serving three sentences at different periods, they
all get served at the same period at the maximum period Art. 75. Increasing or reducing the penalty of fine by one
possible. or more degrees. — Whenever it may be necessary to
Ex: A man committing robbery, with kidnapping and murder increase or reduce the penalty of fine by one or more
has been sentenced to Reclusion perpetua for each crime he degrees, it shall be increased or reduced, respectively, for
has committed. If you were the judge presiding over the each degree, by one-fourth of the maximum amount
case, how would you decide over how he should serve his prescribed by law, without however, changing the
sentence? minimum.
The same rules shall be observed with regard of fines that
A: Following the three-fold rule though he has committed do not consist of a fixed amount, but are made
three distinct crimes of different titles, the man should be proportional.
serving the maximum sentence of Reclusion perpetua or 20
years and 1 day to 40 years. Instead of adding all three which : Depending on the degree of the crime, is the basis of how
are punishable with Reclusion perpetua which equals 120 the fine must be paid.
years, it will be reduced to 40 years instead.
Art. 76. Legal period of duration of divisible penalties. —
Art. 71. Graduated scales. — In the case in which the law The legal period of duration of divisible penalties shall be
prescribed a penalty lower or higher by one or more considered as divided into three parts, forming three
degrees than another given penalty, the rules prescribed in periods, the minimum, the medium, and the maximum in
Article 61 shall be observed in graduating such penalty. the manner shown in the following table:
The lower or higher penalty shall be taken from the
graduated scale in which is comprised the given penalty. Penalties RT PM, PC, AM Am
The courts, in applying such lower or higher penalty, shall AD, S, D
observe the following graduated scales: SD
SCALE NO. 1 Entirety 12 6 yrs 6 1 1-30
1. Death, yrs & 1 mos. mon days
2. Reclusion perpetua, & 1 day & 1 th &
3. Reclusion temporal, day – 12 day 1
4. Prision mayor, – 20 yrs – 6 day
5. Prision correccional, yrs. yrs – 6
6. Arresto mayor, mos.
7. Destierro, Minimum 12 6 yrs 6 1-2 1-10
8. Arresto menor, yrs & 1 mos. mos. days
9. Public censure, & 1 day & 1
10. Fine. day – 8 day
– 14 yrs – 2
SCALE NO. 2 yrs yrs
1. Perpetual absolute disqualification, & 8 & 4
2. Temporal absolute disqualification mos. mos.
Medium 14 8 yrs 2 2 11- should his sanity regain, will his sentence resume. Only in
yrs & 1 yrs, mos. 20 these special cases will the sentence be commuted.
& 8 day 4 & 1 days
mos. – 10 mos. day Art. 80. Suspension of sentence of minor delinquents. —
– 17 yrs & 1 – 4 Whenever a minor of either sex, under sixteen years of age
yrs, day mos. at the date of the commission of a grave or less grave
4 – 4 felony, is accused thereof, the court, after hearing the
mos. yrs evidence in the proper proceedings, instead of
& 2 pronouncing judgment of conviction, shall suspend all
mos. further proceedings and shall commit such minor to the
Maximum 17 10 4 4 21- custody or care of a public or private, benevolent or
yrs, yrs yrs, mos. 30 charitable institution, established under the law of the
4 & 1 2 & 1 days care, correction or education of orphaned, homeless,
mos. day mos. day defective, and delinquent children, or to the custody or
& 1 – 12 & 1 – 6 care of any other responsible person in any other place
day yrs day mos. subject to visitation and supervision by the Director of
– 20 – 6 Public Welfare or any of his agents or representatives, if
yrs. yrs. there be any, or otherwise by the superintendent of public
schools or his representatives, subject to such conditions
RT–Reclusion Temporal PC–Prision Correccional as are prescribed herein below until such minor shall have
PM – Prision Mayor S -Suspension reached his majority age or for such less period as the
AD – Absolute Disqualification D - Destierro court may deem proper.
SD – Special Disqualification AM – Arresto Mayor The court, in committing said minor as provided above,
Am – Arresto Menor shall take into consideration the religion of such minor, his
parents or next of kin, in order to avoid his commitment to
Art. 77. When the penalty is a complex one composed of any private institution not under the control and
three distinct penalties. — In cases in which the law supervision of the religious sect or denomination to which
prescribes a penalty composed of three distinct penalties, they belong.
each one shall form a period; the lightest of them shall be The Director of Public Welfare or his duly authorized
the minimum the next the medium, and the most severe representatives or agents, the superintendent of public
the maximum period. schools or his representatives, or the person to whose
Whenever the penalty prescribed does not have one of the custody or care the minor has been committed, shall
forms specially provided for in this Code, the periods shall submit to the court every four months and as often as
be distributed, applying by analogy the prescribed rules. required in special cases, a written report on the good or
bad conduct of said minor and the moral and intellectual
: If the crime prescribes three (3) distinct penalties, each will progress made by him.
form one period: minimum, medium and maximum. From the The suspension of the proceedings against a minor may be
lightest to the most severe punishment to be imposed on the extended or shortened by the court on the
accused. recommendation of the Director of Public Welfare or his
authorized representative or agents, or the superintendent
Art. 78. When and how a penalty is to be executed. — No of public schools or his representatives, according as to
penalty shall be executed except by virtue of a final whether the conduct of such minor has been good or not
judgment. and whether he has complied with the conditions imposed
A penalty shall not be executed in any other form than upon him, or not. The provisions of the first paragraph of
that prescribed by law, nor with any other circumstances this article shall not, however, be affected by those
or incidents than those expressly authorized thereby. contained herein.
In addition to the provisions of the law, the special If the minor has been committed to the custody or care of
regulations prescribed for the government of the any of the institutions mentioned in the first paragraph of
institutions in which the penalties are to be suffered shall this article, with the approval of the Director of Public
be observed with regard to the character of the work to be Welfare and subject to such conditions as this official in
performed, the time of its performance, and other accordance with law may deem proper to impose, such
incidents connected therewith, the relations of the minor may be allowed to stay elsewhere under the care of
convicts among themselves and other persons, the relief a responsible person.
which they may receive, and their diet. If the minor has behaved properly and has complied with
The regulations shall make provision for the separation of the conditions imposed upon him during his confinement,
the sexes in different institutions, or at least into different in accordance with the provisions of this article, he shall
departments and also for the correction and reform of the be returned to the court in order that the same may order
convicts. his final release.
In case the minor fails to behave properly or to comply
: The penalty is to be imposed once final judgment has been with the regulations of the institution to which he has been
served to the accused. committed or with the conditions imposed upon him when
he was committed to the care of a responsible person, or
Art. 79. Suspension of the execution and service of the in case he should be found incorrigible or his continued
penalties in case of insanity. — When a convict shall stay in such institution should be inadvisable, he shall be
become insane or an imbecile after final sentence has returned to the court in order that the same may render
been pronounced, the execution of said sentence shall be the judgment corresponding to the crime committed by
suspended only with regard to the personal penalty, the him.
provisions of the second paragraph of circumstance The expenses for the maintenance of a minor delinquent
number 1 of Article 12 being observed in the confined in the institution to which he has been
corresponding cases. committed, shall be borne totally or partially by his
If at any time the convict shall recover his reason, his parents or relatives or those persons liable to support him,
sentence shall be executed, unless the penalty shall have if they are able to do so, in the discretion of the court;
prescribed in accordance with the provisions of this Code. Provided, That in case his parents or relatives or those
The respective provisions of this section shall also be persons liable to support him have not been ordered to pay
observed if the insanity or imbecility occurs while the said expenses or are found indigent and cannot pay said
convict is serving his sentence. expenses, the municipality in which the offense was
committed shall pay one-third of said expenses; the
: If during the entirety of the sentence, an accused becomes province to which the municipality belongs shall pay one-
insane or an imbecile, his sentence will be commuted, and third; and the remaining one-third shall be borne by the
National Government: Provided, however, That whenever
the Secretary of Finance certifies that a municipality is not
able to pay its share in the expenses above mentioned,
such share which is not paid by said municipality shall be
borne by the National Government. Chartered cities shall
pay two-thirds of said expenses; and in case a chartered
city cannot pay said expenses, the internal revenue
allotments which may be due to said city shall be withheld
and applied in settlement of said indebtedness in
accordance with section five hundred and eighty-eight of
the Administrative Code.
: This article is connected with children in conflict with the
law who has been deemed as a convict although minority in
age. The abovementioned article will prevail in cases such as
these.
Art. 81-85
: These articles pertain to the Death sentences, where the
burial of the corpse should take place, or if in case the
person to be executed is a female (who in this case may be
pregnant), and where the execution will take place.
Art. 86. Reclusion perpetua, reclusion temporal, prision
mayor, prision correccional and arresto mayor. — The
penalties of reclusion perpetua, reclusion temporal,
prision mayor, prision correccional and arresto mayor,
shall be executed and served in the places and penal
establishments provided by the Administrative Code in
force or which may be provided by law in the future.
: This article provides where the convicts serving the 1st scale
of penalties are serving out there sentences.
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.
: This article refers to the accused until where is his
jurisdiction if he aggravated someone.
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.
: This article refers to where the accused will serve out his
sentence should he be imposed upon the penalty of arresto
menor.
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.
: This refers to, when the during the service of the sentence,
the convict dies, the sentence dies with him.
2. By service of the sentence;
: Upon finishing the service of the sentence, this is when the
criminal liability gets extinguished.
3. By amnesty, which completely extinguishes the penalty
and all its effects;
: Amnesty defined: the crime and the sentence is totally
extinguished
4. By absolute pardon;
: Pardon defined: it excuses the sentence, but not the
liability, but in the case of absolute pardon, everything is
extinguished.
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.
: In the case of rape, should the rape victim marry the rapist,
the liability of the rapist will be extinguished.
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.
: This refers to the crime committed and what are the years
to be served out.
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.
: This article refers to the day when the crime has been
discovered by the authorities and should the convict flee to
another country, his term of sentence will be interrupted and
would resume should he come back to the Philippines.
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.
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 serving his sentence.
: This occurs when the person serving the sentence has been
pardoned, his sentence has been cut or commuted and he has
done good conduct.
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.
: Those who have been pardoned have to follow rules so as
not to be convicted again.
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.
: This goes to show, that for every good behavior a convict
has shown inside the prison cell, the days in the term of
sentence shall be reduced.
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.
: This occurs when a convict gives himself up after forty-eight
(48) hours. His sentence gets commuted and 1/5th of the
sentence is removed.
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.
: It is the Director of Prisons who grants the allowance for
every good conduct.
Art. 100. Civil liability of a person guilty of felony. —
Every person criminally liable for a felony is also civilly
liable.
: It is true for those who has a criminal liability has a civil
liability (against persons, thing or moral as dictated by Art.
19, 20 and 21 of the Civil Code).
Art. 101. Rules regarding civil liability in certain cases. —
The exemption from criminal liability established in
subdivisions 1, 2, 3, 5 and 6 of Article 12 and in
subdivision 4 of Article 11 of this Code does not include
exemption from civil liability, which shall be enforced
subject to the following rules:
First. In cases of subdivisions 1, 2, and 3 of Article 12, the
civil liability for acts committed by an imbecile or insane
person, and by a person under nine years of age, or by one
over nine but under fifteen years of age, who has acted
without discernment, shall devolve upon those having such
person under their legal authority or control, unless it
appears that there was no fault or negligence on their
part.
Should there be no person having such insane, imbecile or
minor under his authority, legal guardianship or control, or
if such person be insolvent, said insane, imbecile, or minor
shall respond with their own property, excepting property
exempt from execution, in accordance with the civil law.
Second. In cases falling within subdivision 4 of Article 11,
the persons for whose benefit the harm has been
prevented shall be civilly liable in proportion to the benefit
which they may have received.
The courts shall determine, in sound discretion, the
proportionate amount for which each one shall be liable.
When the respective shares cannot be equitably
determined, even approximately, or when the liability also
attaches to the Government, or to the majority of the
inhabitants of the town, and, in all events, whenever the
damages have been caused with the consent of the
authorities or their agents, indemnification shall be made
in the manner prescribed by special laws or regulations.
Third. In cases falling within subdivisions 5 and 6 of Article
12, the persons using violence or causing the fears shall be
primarily liable and secondarily, or, if there be no such
persons, those doing the act shall be liable, saving always
to the latter that part of their property exempt from
execution.
: Still this is in connection to Arts. 19-21 of the Civil Code of
the Philippines.
Art. 102. Subsidiary civil liability of innkeepers,
tavernkeepers and proprietors of establishments. — In
default of the persons criminally liable, innkeepers,
tavernkeepers, and any other persons or corporations shall
be civilly liable for crimes committed in their
establishments, in all cases where a violation of municipal
ordinances or some general or special police regulation
shall have been committed by them or their employees.
Innkeepers are also subsidiarily liable for the restitution of
goods taken by robbery or theft within their houses from
guests lodging therein, or for the payment of the value
thereof, provided that such guests shall have notified in
advance the innkeeper himself, or the person representing
him, of the deposit of such goods within the inn; and shall
furthermore have followed the directions which such
innkeeper or his representative may have given them with
respect to the care and vigilance over such goods. No
liability shall attach in case of robbery with violence
against or intimidation of persons unless committed by the
innkeeper's employees.
: In business establishments, the manager or owner is liable
civilly if anything went missing or was stolen. Same goes with
the staff of the manager, if they committed a crime, the
manager is held liable for their crimes.
Art. 103. Subsidiary civil liability of other persons. — The
subsidiary liability established in the next preceding article
shall also apply to employers, teachers, persons, and
corporations engaged in any kind of industry for felonies
committed by their servants, pupils, workmen,
apprentices, or employees in the discharge of their duties.
: It is also applicable to employers, teachers, persons and
discharges.
Art. 104. What is included in civil liability. — The civil
liability established in Articles 100, 101, 102, and 103 of
this Code includes:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.
Art. 105. Restitution; How made. — The restitution of the
thing itself must be made whenever possible, with
allowance for any deterioration, or diminution of value as
determined by the court.
The thing itself shall be restored, even though it be found
in the possession of a third person who has acquired it by
lawful means, saving to the latter his action against the
proper person, who may be liable to him.
This provision is not applicable in cases in which the thing
has been acquired by the third person in the manner and
under the requirements which, by law, bar an action for its
recovery.
: The return of the value of such stolen object. Or if it has
sentimental value, you must return the same or higher value.
Ex: A man who in exchange for transportation took a pin of
inestimable value from a woman and her family. And because
of that they were killed in the gas chambers. Should the next
of kin have a right on the pin?
A: Yes, the next of kin has a right.
If in any way, an object of value taken by force from a person
should be returned to the next of kin, should the person pass
on to the next life.
In the case at bar, a pin of inestimable value was taken from
a woman and his family, in exchange they had to die in the
gas chambers, her next of kin is claiming for the pin, and
since she has passed away, the next of kin has a right to the
pin.
Art. 106. Reparation; How made. — The court shall
determine the amount of damage, taking into
consideration the price of the thing, whenever possible,
and its special sentimental value to the injured party, and
reparation shall be made accordingly.
: When the object taken is damaged, one must have it
repaired to its original value.
Art. 107. Indemnification; What is included. —
Indemnification for consequential damages shall include
not only those caused the injured party, but also those
suffered by his family or by a third person by reason of the
crime.
: This includes paying to the family of the person whom the
damage has been brought it upon.
Art. 108. Obligation to make restoration, reparation for
damages, or indemnification for consequential damages
and actions to demand the same; Upon whom it devolves.
— The obligation to make restoration or reparation for
damages and indemnification for consequential damages
devolves upon the heirs of the person liable.
The action to demand restoration, reparation, and
indemnification likewise descends to the heirs of the
person injured.
: This is to the heirs of the person to whom the damage has
been brought upon, all obligations of repair, indemnification
and restoration.
Art. 109. Share of each person civilly liable. — If there are
two or more persons civilly liable for a felony, the courts
shall determine the amount for which each must respond.
: Each person who is civilly liable must pay an amount as
determined by the courts.
Art. 110. Several and subsidiary liability of principals,
accomplices and accessories of a felony; Preference in
payment. — Notwithstanding the provisions of the next
preceding article, the principals, accomplices, and
accessories, each within their respective class, shall be
liable severally (in solidum) among themselves for their
quotas, and subsidiaries for those of the other persons
liable.
The subsidiary liability shall be enforced, first against the
property of the principals; next, against that of the
accomplices, and, lastly, against that of the accessories.
Whenever the liability in solidum or the subsidiary liability
has been enforced, the person by whom payment has been
made shall have a right of action against the others for the
amount of their respective shares.
Art. 111. Obligation to make restitution in certain cases. —
Any person who has participated gratuitously in the
proceeds of a felony shall be bound to make restitution in
an amount equivalent to the extent of such participation.
: For accomplices who took part in a commission of the crime
is liable as well and must pay that which is payable.
Art. 112. Extinction of civil liability. — Civil liability
established in Articles 100, 101, 102, and 103 of this Code
shall be extinguished in the same manner as obligations, in
accordance with the provisions of the Civil Law.
: Civil liability is extinguished according with the provisions of
the Civil Law.
Art. 113. Obligation to satisfy civil liability. — Except in
case of extinction of his civil liability as provided in the
next preceding article the offender shall continue to be
obliged to satisfy the civil liability resulting from the crime
committed by him, notwithstanding the fact that he has
served his sentence consisting of deprivation of liberty or
other rights, or has not been required to serve the same by
reason of amnesty, pardon, commutation of sentence or
any other reason.
: If the person’s civil liability is not yet extinguished then his
obligation to pay for such liability goes on until it has been
satisfied.
Act no. 4013 Indeterminate Sentence Law (ISLAW)
Three (3) things to know about the Indeterminate Sentence
Law:
1) Its purpose;
2) Instances when it does not apply; and
3) How it operates
Indeterminate Sentence Law governs whether the crime is
punishable under the Revised Penal Code or a special Law. It
is not limited to violations of the Revised Penal Code.
The purpose of the Indeterminate Sentence law is to avoid
prolonged imprisonment, because it is proven to be more
destructive than constructive to the offender. So, the
purpose of the Indeterminate Sentence Law in shortening the
possible detention of the convict in jail is to save valuable
human resources.
In determining the applicable penalty according to the
Indeterminate Sentence Law, there is no need to mention the
number of years, months and days; it is enough that the name
of the penalty is mentioned while the Indeterminate
Sentence Law is applied.
Crimes punished under special law carry only one penalty;
there are no degree or periods. Moreover, crimes under
special law do not consider mitigating or aggravating
circumstance present in the commission of the crime.
Disqualification may be divided into three, according to –
(1) The time committed;
(2) The penalty imposed; and
(3) The offender involved.
The Indeterminate Sentence Law shall not apply to:
(1) Persons convicted of offense punishable with death
penalty or life imprisonment;
(2) Persons convicted of treason, conspiracy or proposal
to commit treason;
(3) Persons convicted of misprision of treason, rebellion,
sedition, espionage;
(4) Persons convicted of piracy;
(5) Persons who are habitual delinquents;
(6) Persons who shall have escaped from confinement or
evaded sentence;
(7) Those who have been granted conditional pardon by
the Chief Executive and hall have violated the term thereto;
(8) Those whose maximum term of imprisonment does
not exceed one year, but not to those already sentenced by
final judgment at the time of the approval of Indeterminate
Sentence Law.
Presidential Decree No. 968 (Probation Law)
Probation is a manner of disposing of an accused who have
been convicted by a trial court by placing him under
supervision of a probation officer, under such terms and
conditions that the court may fix. This may be availed of
before the convict begins serving sentence by final judgment condition should not be incompatible with the freedom of
and provided that he did not appeal anymore from conscience of the probationer.
conviction.

Without regard to the nature of the crime, only those whose

penalty does not exceed six years of imprisonment are those
qualified for probation. If the penalty is six years plus one
day, he is no longer qualified for probation.

If the offender was convicted of several offenses which were

tried jointly and one decision was rendered where multiple
sentences imposed several prison terms as penalty, the basis
for determining whether the penalty disqualifies the offender
from probation or not is the term of the individual
imprisonment and not the totality of all the prison terms
imposed in the decision. So even if the prison term would
sum up to more than six years, if none of the individual
penalties exceeds six years, the offender is not disqualified
by such penalty from applying for probation.
Ex: May a recidivist be given the benefit of Probation Law?

A: As a general rule, no.

Exception: If the earlier conviction refers to a crime the

penalty of which does not exceed 30 days imprisonment or a
fine of not more than P200.00, such convict is not disqualified
of the benefit of probation. So even if he would be convicted
subsequently of a crime embraced in the same title of the
Revised Penal Code as that of the earlier conviction, he is not
disqualified from probation provided that the penalty of the
current crime committed does not go beyond six years and
the nature of the crime committed by him is not against
public order, national security or subversion.

Although a person may be eligible for probation, the moment

he perfects an appeal from the judgment of conviction, he
cannot avail of probation anymore. So the benefit of
probation must be invoked at the earliest instance after
conviction. He should not wait up to the time when he
interposes an appeal or the sentence has become final and
executory. The idea is that probation has to be invoked at
the earliest opportunity.

Probation shall be denied if the court finds:

(1) That the offender is in need of correctional

treatment that can be provided most effectively by his
commitment to an institution;
(2) That there is undue risk that during the period of
probation the offender will commit another crime; or

(3) Probation will depreciate the seriousness of the

crime.

The probation law imposes two kinds of conditions:

(1) Mandatory conditions; and

(2) Discretionary conditions.

Mandatory conditions:

(1) The convict must report to the Probation Officer

(PO) designated in the court order approving his application
for Probation within 72 hours from receipt of Notice of such
order approving his application; and
(2) The convict, as a probationer, must report to the PO
at least once a month during the period of probation unless
sooner required by the PO.

These conditions being mandatory, the moment any of these

is violate, the probation is cancelled.

Discretionary conditions:
The trial court which approved the application for probation
may impose any condition which may be constructive to the
correction of the offender, provided the same would not
violate the constitutional rights of the offender and subject
to this two restrictions: (1) the conditions imposed should
not be unduly restrictive of the probationer; and (2) such