Penalties

Penalties
RPC, art. 21-88
 I.
CONSTITUTIONAL LIMITATIONS
 I.
CONSTITUTIONAL LIMITATIONS
A. Nature
B. Content
 CONSTITUTIONAL LIMITATIONS
Nature -Criminal laws cannot violate the ff:
1. Ex post facto law and bill of attainder (3.22
Consti)
2. Due process (3.1 Consti)
3. No cruel and inhuman punishment (3.19
Consti)
 CONSTITUTIONAL LIMITATIONS
B. Content- Criminal laws cannot penalize the
following pursuant to the articles under the
constitution:
1. Freedom of speech, expression, press,
assembly, petition government (3.4)
2. Freedom of Religion (3.5)
3. Liberty of abode (3.6)
4. Freedom of Association (3.8)
5. Freedom of Political beliefs (3.18)
6. No imprisonment for debt or poll tax (3.20)
STATUTORY LIMITATIONS
 STATUTORY LIMITATIONS
A. Revised Penal Code
Art. 21. Penalties that may be imposed. No
felony shall be punishable by any penalty not
prescribed by law prior to its commission.
 REVISED PENAL CODE
Art. 22. Retroactive effect of penal laws. Penal
Laws shall have a retroactive effect insofar as they
favor the persons guilty of a felony, who is not a
habitual criminal, as this term is defined in Rule 5 of
Article 62 of this Code, although at the time of the
publication of such laws a final sentence has been
pronounced and the convict is serving the same.
 B. Civil Code

Art. 2. Laws shall take effect after fifteen days

following the completion of their publication in the
Official Gazette, unless it is otherwise provided. This
Code shall take effect one year after such
publication.
PENALTIES THAT MAY BE IMPOSED
RPC, art. 21, 24, 25
 THAT MAY BE IMPOSEDPENALTIES

Art. 21. Penalties that may be imposed. No

felony shall be punishable by any penalty not
prescribed by law prior to its commission.
 Art. 24. x x x not be considered x x x penalties:
The ff. although it may consist in the deprivation of liberty but
are not considered penalties, they will not be computed as
far as the period or imprisonment is concerned.
1. The arrest and temporary detention of accused persons,
as well as their detention by reason of insanity or
imbecility, or illness requiring their confinement in a
hospital.
2. The commitment of a minor to any of the institutions
mentioned in Article 80 and for the purposes specified
therein. (art 80- in case of a minor and the judgment of
guilt, the sentencing will be suspended and instead the
minor will be committed to an institution for minors.)
3. Suspension from the employment of public office
during the trial or in order to institute proceedings. >
 PENALTIES THAT MAY BE IMPOSED

4. Fines and other corrective measures which, in the

exercise of their administrative disciplinary powers,
superior officials may impose upon their
subordinates. (this involves administrative
disciplinary powers, actually an administrative
sanction). By superior officials or the Ombudsman
can impose administrative fine in the form of
administrative penalties.
5. Deprivation of rights and the reparations which
the civil laws may establish in penal form.
PENALTIES THAT MAY BE IMPOSED

Principal Penalties

Accessory Penalties
 PENALTIES THAT MAY BE IMPOSED
Principal Penalties
Capital punishment: Death.
Afflictive penalties: Reclusion perpetua,
Reclusion temporal,
Perpetual/temporary absolute
disqualification,
Perpetual/temporary special
disqualification,
Prision mayor.
Correctional penalties: Prision correccional,
Arresto mayor,
Suspension,
Destierro.
Light penalties: Arresto menor,
Public censure.(reprimand)
 PENALTIES THAT MAY BE IMPOSED
Principal Penalties
Penalties common to the three preceding classes:

Fine, and
Bond to keep the peace.
Its means if the court imposes Capital punishment,
afflictive penalties, correctional penalties and light
penalties, the court can at the same time also
impose fine, and or bond to keep the peace. That is
optional on the part of the court.
PENALTIES THAT MAY BE IMPOSED
Accessory Penalties- which meant that they are
imposed together with the principal penalty
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and
be voted for, the profession or calling,
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and
proceeds of the offense,
Payment of costs.
 ACCESSORY PENALTIES

Death PAD/CI 30
Reclusion Perpetua PAD/CI
Reclusion Temporal PAD/CI
Prision Mayor TAD/PSD-vote
Prision Correccional S-POf/PSDVote
Suspension
Destierro
Arresto Mayor S-Of/Suffrage
Arresto Menor S-Of/Suffrage
 Death penalty
a. Const., art. III, sec. 19(1)

SECTION 19. (1) Excessive fines shall not be

imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the death
penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress
hereafter provides for it. Any death penalty
already imposed shall be reduced to reclusion
perpetua.
 Death penalty
Republic Act No. 7659
Imposed death penalty on heinous crimes
Republic Act No. 9346 (06/24/2006)
Prohibits death penalty
People v. Echegaray, 267 SCRA 682
 LIFE RECLUSION
IMPRISONMENT PERPETUA
Imposed for serious Prescribed
offenses penalized by under the
special laws RPC

Does not carry with it Carries with it

accessory penalties accessory
penalties >
 LIFE RECLUSION
IMPRISONMENT PERPETUA
Does not appear to Entails
have any definite imprisonment
extent or duration for at least 30 years
after which the
convict becomes
eligible for pardon
although the
maximum period shall
in no case exceed 40
years
 Destierro
Serious physical injury, death under
exceptional circumstances (247)
Failure to give bond for good behavior (284)
Concubine (334)
Penalty reduced by one or more degrees
 FINE (REPEALED)
Art. 26. When afflictive, correctional, or light
penalty. A fine, whether imposed as a
single of as an alternative penalty, shall be
considered an afflictive penalty, if it exceeds
6,000 pesos; a correctional penalty, if it does
not exceed 6,000 pesos but is not less than
200 pesos; and a light penalty if it less than
200 pesos.
 R.A. 10951
Art. 26. When afflictive, correctional, or light
penalty. A fine, whether imposed as a
single of as an alternative penalty, shall be
considered an afflictive penalty, if it exceeds
Ph 1,200,000 pesos; a correctional penalty, if
it does not exceed Php 1,200,000 pesos but is
not less than Php 40,000 pesos; and a light
penalty if it less than 40,000 pesos.
 Effects of Perpetual and temporary absolute
disqualification:

1. Deprivation of any public office

2. Deprivation of the right to vote in any election
or to be voted upon
3. Disqualification from public employment
4. Loss of rights to retirement pay or pension

TAD 2 & 3 only during period of penalty

 Effects of Perpetual and Temporary Special
Disqualification
1. For public office, profession, or calling
a. Deprivation of the office, employment, profession or
calling affected
b. Disqualification for holding similar offices

2. For the exercise of the right of suffrage

a. Deprivation of the right to vote or to
be elected in an office
b. Cannot hold any public office
 Perpetual absolute disqualification
is
effective during the lifetime of the
convict and
even after the service of the sentence.
 Civil Interdiction; Effects;
Deprivation of the following rights:
1. Parental rights
2. Guardianship over the ward
3. Marital authority
4. Right to manage property and to dispose of
the same by acts inter vivos
 Classification of Penalties
Principal/Accessory (permanent/temporary
absolute/special disqualification and
suspension may be both)

Divisible/Indivisible (fixed period, 3 periods,

no fixed duration)
>
 Classification of Penalties
Subject matter/Nature Corporal, deprivation of
liberty, restriction of liberty (destierro),
deprivation of rights (disqualification, suspension),
pecuniary (fine)
Gravity Capital (Death), Afflictive (Reclusion
Perpetua-Prision Mayor), Correctional (Prision
Correccional, Arresto Mayor, Destierro,
Suspension), Light (Arresto Menor, Public
Censure)
DURATION OF PENALTIES
 DURATION OF PENALTIES
Reclusion Perpetua 30/40 years
Reclusion Temporal - 12 years, 1 day 20 years
Prision Mayor - 6 years, 1 day 12 years
Temporary Disqualification
Prision Correccional - 6 months, 1 d 6 years
Suspension
Destierro
Arresto Mayor - 1 month, 1 day 6 months
Arresto Menor - 1 day 1 month
DIVISIBILITY OF PENALTIES
 DIVISIBILITY OF PENALTIES

Death/ Reclusion Perpetua - Indivisible

 DIVISIBILITY OF PENALTIES
Reclusion Temporal
12 years, 1 day to 20 years
(8/3 = 2y 8m)
Minimum - 12y 1d to 14y 8m
Medium 14y 8m 1d to 17y 4m
Maximum 17y 4m 1d to 20 years
 DIVISIBILITY OF PENALTIES
Prision Mayor
6 years to 12 years
(6/3 = 2 years)
Minimum 6y 1d to 8y
Medium - 8y 1d to 10y
Maximum 10y 1d to 12y
 DIVISIBILITY OF PENALTIES
Prision Correccional
6 months 1 day to 6 years
(66/3 = 22 months)
Minimum 6m 1d to 2y 4m
Medium - 2y 4m 1d to 4y 2m
Maximum 4y 2m 1d to 6y
COMPUTATION OF PENALTIES
 COMPUTATION OF PENALTIES
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. >
 COMPUTATION OF PENALTIES

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.
 COMPUTATION OF PENALTIES
Art. 29. Period of preventive imprisonment deducted from
term of imprisonment.
Full time - IF the detention prisoner agrees voluntarily in
writing to abide by the same disciplinary rules imposed
upon convicted prisoners, except:
1. 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.
4/5 IF the detention prisoner does not agree to abide by
the same disciplinary rules imposed upon convicted
prisoners, (As amended by Republic Act 6127, June 17,
1970).
 COMPUTATION OF PENALTIES
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. (As amended by E.O. No. 214, July 10,
1988).
APPLICATION OF PENALTIES
 Degree of Participation/Stage
Consummated Frustrated Attempted

Principals 0 1 2
(Art. 46) (Art. 50) (Art. 51)
Accomplices 1 2 3
(Art. 52) (Art. 54) (Art. 56)
Accessories 2 3 4
(Art 53) (Art. 55) (Art. 57)
 Homicide (249)
Consummated Frustrated Attempted

Principals RT PM PC

Accomplices PM PC AMa

Accessories PC AMa AMe

 Degree of Participation
Art. 60. Exceptions to the rules established in
Arts. 50-57
Cases in which law expressly prescribes the
penalty provided for a frustrated or attempted
felony, or to be imposed upon accomplices or
accessories e.g.:
Attempted or frustrated robbery with homicide
(reclusion temporal v. reclusion temporal to reclusion
perpetua) (297)
Crimes against chastity of authorities (principal)
Robbery with Homicide (295/297)
Consummated Frustrated Attempted

Principals RP-Death RT-RP RT-RP

(RT) (PM)

Accomplices RT

Accessories PM
 Degree of Participation

Mitigating and aggravating circumstances are

disregarded in graduating penalties

Applied only after determination of maximum

and minimum periods
 Degree of Participation
Art. 61. Rules for Death
graduating penalties Reclusion perpetua
First Rule: when penalty Reclusion temporal
is single and divisible Prision mayor
E.g. homicide, penalty: Prision correccional
reclusion temporal
Arresto mayor
penalty next lower in
degree: prision mayor Arresto menor
Destierro
Public censure
fine
 Degree of Participation
Second Rule: When Death
penalty is composed of Reclusion perpetua
two indivisible penalties Reclusion temporal
The penalty immediately Prision mayor
following the lesser of the
penalties Prision correccional
E.g. Parricide (Art.246): Arresto mayor
reclusion perpetua to Arresto menor
death Destierro
Penalty next lower in Public censure
degree: reclusion fine
temporal
 Degree of Participation
Third Rule: When the penalty is Death
composed of one or more divisible Reclusion perpetua
penalties to be imposed to their full Reclusion temporal
extent
Prision mayor
Penalty immediately following the
lower Prision correccional
1 Divisible penalty to be imposed to Arresto mayor
its full extent: reclusion temporal Arresto menor
Prision mayor Destierro
2 divisible penalties: prision Public censure
correccional to prision mayor fine
Arresto mayor
 Degree of Participation
Fourth Rule: When the penalty
is composed of two indivisible
penalties and the maximum
period of a divisible penalty
Min and mid of divisible + max
of next lower
e.g. murder (Art. 248):
reclusion temporal in its max
period to death
Maximum of prision mayor to
Minimum and medium periods
of reclusion temporal
Death
Reclusion perpetua
Reclusion temporal (max)
Reclusion temporal (mid)
Reclusion temporal (min)
Prision mayor (max)
Prision mayor (mid)
Prision mayor(min)
Prision correccional
Arresto mayor
 Degree of Participation
Fifth Rule: When the
penalty is composed of
several periods (at least 3)
Period immediately
following the min and the
two immediately following
e.g. prision mayor in its
medium period to
reclusion temporal in its
minimum period
Reclusion temporal (max)
Reclusion temporal (mid)
Reclusion temporal (min)
Prision mayor (max)
Prision mayor (mid)
Prision mayor(min)
Prision correccional (max)
Prision correccional (mid)
Prision correccional (min)
Arresto mayor
 Degree of Participation
Fifth:
(two periods of same
penalty)
Abduction (Art. 343)
prision correccional in its
medium and minimum
periods
Arresto mayor mid-max
Prision correccional
(max)
Prision correccional (mid)
Prision correccional (min)
Arresto mayor (max)
Arresto mayor (mid)
Arresto mayor (min)
Destierro
 Degree of Participation
Fifth: Prision correccional
(two periods of diff (max)
penalties) Prision correccional (mid)
E.g. physical injuries Prision correccional (min)
(Art. 263 subsection 4) Arresto mayor (max)
arresto mayor in its max Arresto mayor (mid)
period to prision
correccional in its min Arresto mayor (min)
period Destierro
Arresto mayor (min-mid)
Degree of Participation SIMPLIFIED
If penalty prescribed consists in 3 periods,
corresponding to different divisible penalties, the
penalty next lower in degree is the penalty
consisting on the 3 periods down in the scale
If penalty prescribed consists in 2 periods, the
penalty next lower in degree is the penalty
consisting in 2 periods down the scale
If the penalty prescribed by the code consists in
only one period, the penalty next lower in degree
is the next period down the scale
 (Remember)
Degree of Participation
Mitigating and aggravating circumstances are
disregarded in graduating penalties
Applied only after determination of lower
penalty
 Effect of Mitigating, Aggravating and
Qualifying Circumstances
Art. 62 Generic
Aggravating circumstances increase the
penalty without exceeding the maximum
provided by law
Mitigating circumstances diminish the penalty
 Rules on Circumstances (64)
1. No AC and MC Medium
2. Only MC Minimum
3. Only AC Maximum
4. Both AC and MC, Court will offset
5. 2 or more MC penalty next lower
 Effect of Mitigating and Aggravating
Circumstances
Circumstances which arise from
The moral attributes of the offender
evident premeditation v passion and obfuscation
From his private relations with the offended party
family as an alternative circumstance
From any other personal cause
Minor ora recidivist
Serve to aggravate or mitigate the liability of the
principals, accomplices and accessories as to
whom such circumstances are attendant
 Effect of Mitigating and Aggravating
Circumstances
Circumstances which consist
In the material execution of the act
A was not present when B killed C with treachery
In the means employed to accomplish it
A did not know B will poison C
Shall serve to aggravate the liability of those
persons only who had knowledge of them at the
time of the execution of the act or their
cooperation therein
(Reyes says it is impossible to conceive mitigating circumstances relating
to the commission of the crime that does not apply to all defendants)
 Effect of Aggravating and Qualifying
Circumstances
Not taken into account to increase penalty:
ACs which in themselves constitute a crime
by means of fire (art. 14 par. 12) in arson
by derailment of a locomotive (art. 14 par. 12) in damages
and obstruction to means of communication (art. 330)
ACs which are included by law in defining a crime
robbery in the dwelling of the offended party
Abuse of confidence in qualified theft with grave abuse of
confidence
Poison in murder
ACs inherent in the crime
Evident premeditation in robbery and theft
 Effect of Aggravating Circumstances
When maximum penalty shall be imposed
When in the commission of the crime, advantage
was taken by the offender of his public position
If the offense was committed by any person who
belongs to an organized/syndicated crime group
INDETERMINATE SENTENCE LAW
 INDETERMINATE SENTENCE LAW

1. IF penalty is provided by Special Law Min

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

2. If penalty provided for under RPC

no MC, no AC RT; Max- RT medium

Min within range of PM
-1 MC RT; Max RT minimum
Min within range of PM
- 1 AC RT; Max RT maximum
Min within range of PM
- MC & AC - offset
- Complex - Penalty for graver offense, maximum
- Minimum at penalty next lower
 INDETERMINATE SENTENCE LAW
Not Applicable
Unfavorable to the accused
Treason, conspiracy or proposal to commit treason, piracy
Misprision of treason, rebellion, sedition or espionage
Habitual delinquents
Escaped from confinement
Violated terms of conditional pardon
Maximum term does not exceed one year
Convicted prior to effectivity of law
Destierro or suspension
If offense is punishable by reclusion perpetua to death
 Imposition of Fines
Art. 66
In imposing fines, the courts may fix any
amount within the limits established by law
The court must consider:
The mitigating and aggravating circumstances
More particulary, the wealth or means of the
culprit
 Imposition of Fines
Wealth or means of culprit is main
consideration in fine
Position and standing of accused considered
aggravating in gambling
BUT mitigating and aggravating circumstances
are not disregarded
SPECIAL CASES
Crime Different from that Intended
Art. 49: Penalty to be imposed when the
crime committed is different from that
intended
Committed > Intended: max of intended
Committed < Intended: max of committed
If the act committed also constitutes an
attempt or frustration of another crime:
higher penalty for attempt or frustrated
If attempted: maximum
 Additional Penalty for Certain
Accessories
Art. 58 Those accessories falling within the
terms of par. 3 art. 19 who should act with
abuse of their public functions,
shall suffer the additional penalty of absolute
perpetual disqualification if the principal shall
be guilty of a grave felony,
and that absolute temporary disqualification
if he shall be guilty of a less grave felony
 Impossible Crime
Art. 59
Arresto mayor or a fine (200-500 Pesos)
Basis:
Social danger
Degree of criminality
What if impossible crime committed was a
light felony?
Art. 59 covers only grave and less grave felonies
 Effect of Habitual Delinquency
Who is a habitual delinquent?
Within a period of 10 years from the date of his
last release or last conviction of the ff:
Serious or less serious physical injuries
Robo (robbery)
Hurto (theft)
Estafa (swindling)
Falsification
He is found of any said crimes a third time or
oftener
 Habitual delinquency has the effect of
increasing the penalty and imposing an
additional penalty
 Effects of Habitual Delinquency
Habitual Delinquency Recidivism
Crimes are specified Accused, on the date of
10 years from last trial, have been convicted
by final judgment of
conviction or release another crime within the
3 or more times same title of the Code
Additional penalty is No period of time
imposed Second conviction is
sufficient
>>can a habitual delinquent Only increases penalty to
not be a recidivist? YES maximum (if not offset)
 Effect of Habitual Delinquency
Subsequent crime must be committed AFTER
conviction of former crime
Offense Date of Date of Conviction
Commission
Theft January 1920 October 1921
Estafa September 1921 December 1921
Robbery January 1930 March 1931
Falsification February 1931 December 1931
Serious physical November 1, 1932 December 4, 1932
injuries
Less serious physical November 1, 1932 December 7, 1932
injuries
 Effect of Habitual Delinquency
(Computation)
Crime committed Date of Conviction Date of Release

Theft June 1915 July 1916

Robbery May 1920 October 1922
Theft August 1937 September 1940
Crime Charged October 1946

10-yr period computed from last conviction or last release

10-yr period counted to the date of conviction not to the
date of commission of subsequent offense
^ Habitual Delinquent or Recidivist? RECIDIVIST!
 Effect of Habitual Delinquency
(Computation)
Offenses Date of Commission Date of Date of Release
Conviction
Theft August 1914 April 1915 September 1916
Estafa November 1920 April 1923 April 1925
Robbery July 1932 April 1934
When to start counting?(Date of release v date of conviction)
For Estafa: April 1915 or September 1916 both within 10 years
For Robbery: April 1925
If date of conviction, an offender can escape being a habitual
delinquent
 Effect of Habitual Delinquency
The culprit shall be sentenced to the penalty
provided by law for the last crime of which he be
found guilty
Additional penalty is mandatory.
Additional penalty
3rd conviction: +prision correccional (mid-max)
4th conviction: +prision mayor (min-mid)
5th conviction: +prision mayor (min) to reclusion
temporal (min)
Total penalties not to exceed 30 years
 Effect of Habitual Delinquency
Conviction on the same day or about the same
time are considered as one only
Additional penalties are reformatory and should be
gradual
Crimes on the same date but convicted on diff.
dates are considered only one
Previous convictions are considered every time a
new offense is committed, even attempted or
frustrated
Applies to accomplices and accessories
 Incomplete Exempting Circumstances
Art. 67
When all the conditions required to exempt from
criminal liability (in Art. 12 no.4) are not present,
Lawful act
Performed with due care
Injury caused my accident
No fault or intent to cause injury
the penalty of arresto mayor in its max period to
prision correccional in its min period shall be imposed
if he shall have been guilty of a grave felony
And arresto mayor in its minimum and medium
periods, if of a less grave felony
 Art. 63. Rules for the application
of indivisible penalties.
(Reclusion Perpetua to Death)
1. 1 AC - the greater penalty shall be applied.
2. No AC/MC - the lesser penalty shall be applied.
3. Some MC. No AC - the lesser penalty shall be
applied.
4. Both MC and AC - the court shall reasonably allow
them to offset one another in consideration of their
number and importance,
 Incomplete Justifying or Exempting
Circumstances
Art. 69
A penalty lower by one or two degrees than that
prescribed by law shall be imposed
if the deed is not wholly excusable by reason of the
lack of some of the conditions required to justify the
same or to exempt from criminal liability (accdg to Art.
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
 Incomplete Justifying or Exempting
Circumstances
Unlawful aggression is indispensable in self-defense,
defense of relatives and defense of stranger
Art. 69 include incomplete justifying and incomplete
exempting circumstances, provided the majority of the
conditions is present
The court has the discretion to impose one or two
degrees lower than that prescribed by law
When the majority of the requisites of self-defense and
two mitigating circumstances are present (w/o
aggravating), the penalty is 3 degrees lower
THREE-FOLD RULE
Three systems of execution of penalty
Material accumulation system no limitation
Juridical accumulation Art. 70 par. 4, 5 and 6,
applies 3-fold rule
Absorption system absorption of penalties
(Art 48 complex crime, continuing crime,
specific crimes like robbery with homicide
 THREE-FOLD RULE

Maximum duration of sentence is not more than

three times the length of the most severe penalty,
but maximum is 40 years
Applies only when there are at leas four (4)
sentences (not logical if only 3)
If sentence already served not to be counted or
considered
Subsidiary imprisonment counted (added to
principal)
 THREE-FOLD RULE

If already serving sentence when 2nd sentence

came, first sentence should be served before
2nd sentence commences
Successive service of sentence most severe
first
Arresto menor before destierro
CASES
 People v. Simon, G.R. No. 930280, 29 July
1994, 234 SCRA 555 (1994)
Section 4 of Republic Act No. 6425, as now
further amended, imposes the penalty of
reclusion perpetua to death, if what is
involved is 750 grams or more, if the quantity
involved is less, the penalty shall range from
prision correccional to reclusion perpetua
(overlap of reclusion perpetua)
 People v. Simon
the penalty to be imposed where the quantity
of the drugs involved is less than the
quantities stated in the first paragraph shall
range from prision correccional to reclusion
temporal, and not reclusion perpetua.
the penalty therefor is actually taken from the
Revised Penal Code in its technical
nomenclature
 People v. Simon
the presence or absence of mitigating,
aggravating or other circumstances modifying
criminal liability should be taken into account.
where the penalties under the special law are
different from and are without reference or
relation to those under the Revised Penal
Code, there can be no suppletory effect of the
rules for the application of penalties under
said Code
 Rosa Lim v. People, G.R. No. 130038, 18,
September 2000
the penalty to be imposed for violation of B.P.
No. 22, the philosophy underlying the
Indeterminate Sentence Law applies. The SC
deleted the prison sentence imposed on
petitioners. It imposed on them only a fine
double the amount of the check issued.
 People v. Gabres, 267 SCRA 581, 595-596
(1997)
the minimum shall be "within the range of the
penalty next lower to that prescribed" for the
offense. The penalty next lower should be based on
the penalty prescribed by the Code for the offense,
without first considering any modifying
circumstance attendant to the commission of the
crime.
 People v. Gabres
The determination of the minimum penalty is
left by law to the sound discretion of the court
and it can be anywhere within the range of
the penalty next lower without any reference
to the periods into which it might be
subdivided. The modifying circumstances are
considered only in the imposition of the
maximum term of the indeterminate
sentence.
 People v. Lampaza, 319 SCRA 112 (1999)
Under the law in effect when the crime was
committed, the penalty for simple rape was
reclusion perpetua. In imposing a lower
indeterminate penalty, the trial court erred,
because the Indeterminate Sentence Law
does not apply when the offense involved is
punishable with reclusion perpetua.
 People v. Oyanib, G.R. No. 130634-35, 12
March 2001
The Court sentences accused Manolito Oyanib
y Mendoza to two (2) years and four (4)
months of destierro. He shall not be permitted
to enter Iligan City, nor within a radius of one
hundred (100) kilometers from Iligan city.
 People v. Ducosin, 59 Phil. 109 (1933)
The Indeterminate Sentence Law, Act No.
4103, simply provides that the "minimum"
shall "not be less than the minimum
imprisonment period of the penalty next
lower." In other words, it is left entirely within
the discretion of the court to fix the minimum
of the penalty
 People v. Formigones, 87 Phil. 658 (1950)
the Supreme Court in affirming the judgment of
conviction sentencing defendant to reclusion
perpetua, said that notwithstanding the numerous
mitigating circumstances found to exist, inasmuch as
the penalty for parricide as fixed by article 246 of the
Revised Penal Code is composed of two indivisible
penalties, namely, reclusion perpetua to death,
paragraph 3 of article 63 of the said Code must be
applied.
 PROBATION
(P.D. 968 as amended by
R.A. 10707)
 PROBATION

"Probation" is a disposition under which a

defendant, after conviction and sentence, is
released subject to conditions imposed by
the court and to the supervision of a
probation officer.
 PROBATION (Disqualified)
Section 9. Disqualified Offenders. The
benefits of this Decree shall not be extended
to those:
(a) sentenced to serve a maximum term of
imprisonment of more than six years;
(b) convicted of any offense against the
security of the State; >
 PROBATION (Disqualified)
(c) who have previously been convicted by
final judgment of an offense punished by
imprisonment of not less than one month and
one day and/or a fine of not less than Two
Hundred Pesos;
- Imprisonment of more than 6 months and 1
day and/or a fine of Php 1,000; (R.A. 10707)
 PROBATION (Disqualified)
(d) who have been once on probation under
the provisions this Decree; and

(e) who are already serving sentence at the

time the substantive provisions of this Decree
became applicable pursuant to Section 33
hereof.
 PROBATION (Period)
Section 14. Period of Probation.
(a) The period of probation of a defendant
sentenced to a term of imprisonment of not
more than one year shall not exceed two
years, and in all other cases, said period shall
not exceed six years.
 PROBATION (Period)
(b) When the sentence imposes a fine only
and the offender is made to serve subsidiary
imprisonment in case of insolvency, the period
of probation shall not be less than nor to be
more than twice the total number of days of
subsidiary imprisonment as computed at the
rate established, in Article thirty-nine of the
Revised Penal Code, as amended.
 Francisco v. Court of Appeals, 243 SCRA 384 (1995)
Yusi v. Morales, 121 SCRA 854 (1983)
Cal v. Court of Appeals, 251 SCRA 523 (1995)
Llamado v. Court of Appeals, 174 SCRA 566 (1989)

The prevailing jurisprudence treats appeal

and probation as mutually exclusive
remedies
 Mustapha Dimakuta v. People, G.R. No.
206513, October 20, 2015

If the application for probation is filed

beyond the 15-day period, then judgment
becomes final and the lower court can no
longer act on the application for
probation.
 Mustapha Dimakuta v. People, G.R. No.
206513, October 20, 2015

If the application for probation is filed

beyond the 15-day period, then judgment
becomes final and the lower court can no
longer act on the application for
probation.
 Arnel Colinares v. People,
G.R. No. 182748, December 14, 2011

Exception to the rule that no application for

bail shall be allowed for defendant who has
perfected his appeal
RTC convicted accused of frustrated homicide.
On appeal, accused was found guilty of
attempted homicide only, with the penalty of
4 months of arresto menor as minimum and 2
years 4 months of prision correccional as
maximum
 Salgado v. Court of Appeals, 189 SCRA 304
(1990)
The trial court is given the discretion to
impose conditions in the order granting
probation "as it may deem best." As already
stated, it is not only limited to those listed
under Section 10 of the Probation Law.
(indemnification)
 Baclayon v. Mutia, 129 SCRA 148, 154 (1984)
imposed as a condition in granting probation
to petitioner Florentina L. Baclayon that she
refrain from continuing with her teaching
profession. Not allowed.
An order placing defendant on "probation" is
not a "sentence" but is rather in effect a
suspension of the imposition of sentence
 Bala v. Martinez, 181 SCRA 459 (1990)
Probation is revocable before the final discharge of
the probationer by the court, contrary to the
petitioner's submission.
The probation having been revoked, it is imperative
that the probationer be arrested so that he can serve
the sentence originally imposed. The expiration of
the probation period of one year is of no moment,
there being no order of final discharge as yet
PLURALITY OF CRIMES
 PLURALITY OF CRIMES
PLURALITY OF CRIMES consists in the
successive execution by the same individual of
different criminal acts upon any of which no
conviction has yet been declared.
 PLURALITY OF CRIMES; Kinds
1. Formal or Ideal only one criminal liability.
Formal or ideal crimes are further divided into
three groups, where a person committing
multiple crimes is punished with only one
penalty:
- complex crime
- single penalty for two offenses
- continued crimes
 PLURALITY OF CRIMES; Kinds
2. Real Or Material there are different crimes
in law as well as in the conscience of the
offender. In such cases, the offender shall be
punished for each and every offense that he
committed.
CONTINUED CRIME refers to a single crime
consisting of a series of acts but all arising from one
criminal resolution. Although there is a series of acts,
there is only one crime committed, so only one
penalty shall be imposed.
 COMPLEX CRIME

COMPLEX CRIME although there actually

are two or more crimes, the law treats them
as constituting only one- as there is only one
criminal intent. Only one information need be
filed. (Art. 48)
 COMPLEX CRIME
2 Kinds Of Complex Crimes:

1. compound crime single act constitutes 2

or more grave or less grave felonies

2. complex crime proper when an offense is

a necessary means for committing another
 COMPLEX CRIME
1. COMPOUND CRIME - Requisites:
a. that only one single act is performed by the
offender
b. that the single act produces
i. 2 or more grave felonies
ii. one or more grave and one or more less
grave felonies
iii. 2 or more less grave felonies
 COMPLEX CRIME
COMPOUND CRIME
Hand grenade (murder, attempted murder)
One shot two killed
Several light felonies not complex, punished
separately, or absorbed by grave felony, direct assault
absorbs SPI, rape absorbs SPI
Rape with homicide, arson with homicide Special
complex crime (not covered by 48)
Several shots if one criminal intent complex
 COMPLEX CRIME
2. COMPLEX CRIME PROPER - Requisites:

1. that at least 2 offenses are committed

2. that one or some of the offenses must be
necessary to commit the other
3. that both or all the offenses must be punished
under the same statute
 COMPLEX CRIME
COMPLEX CRIME PROPER
Malversation through falsification of cedula, rape
through abduction,
There must be a single purpose
Trespass to dwelling as means to commit rape,
homicide not complex aggravating
- not applicable if offense committed to conceal
another (arson to cover homicide)
 NO COMPLEX CRIME
1. Continuing crimes
2. One offense is committed to conceal another
3. A crime is an indispensable part or an
element of the other offenses as defined
4. Where one of the offenses is penalized by a
special law >
 NO COMPLEX CRIME
5. When the law provides one single penalty for
special complex crime:
a. Robbery with Homicide
b. Robbery with Rape
c. Rape with Homicide
d. Kidnapping with Serious Physical Injuries
e. Kidnapping with Homicide
 COMPLEX CRIME
R.A. 8294 use of unlicensed firearm to
commit murder/ homicide-special aggravating
People vs. Castillo GR No. 131592, February
15, 2000)
Illegal possession of firearm absorbed in
rebellion
Use of illegal drugs subsumed by possession
(R.A. 9165)
 R.A. 10591
Section 29. Use of Loose Firearm in the
Commission of a Crime. The use of a loose
firearm, when inherent in the commission of
a crime punishable under the Revised Penal
Code or other special laws, shall be
considered as an aggravating circumstance:
Provided,
 R.A. 10591
Provided, That if the crime committed with
the use of a loose firearm is penalized by
the law with a maximum penalty which is
lower than that prescribed in the preceding
section for illegal possession of firearm, the
penalty for illegal possession of firearm shall
be imposed in lieu of the penalty for the
crime charged: Provided, further;
 R.A.; 10591
Provided further, That if the crime committed with
the use of a loose firearm is penalized by the law
with a maximum penalty which is equal to that
imposed under the preceding section for illegal
possession of firearms, the penalty of prision mayor
in its minimum period shall be imposed in addition to
the penalty for the crime punishable under the
Revised Penal Code or other special laws of which
he/she is found guilty.
 R.A. 10591
If the violation of this Act is in furtherance
of, or incident to, or in connection with the
crime of rebellion of insurrection, or
attempted coup d etat, such violation shall
be absorbed as an element of the crime of
rebellion or insurrection, or attempted coup
d etat.
 R.A. 10591
If the crime is committed by the person
without using the loose firearm, the
violation of this Act shall be considered as a
distinct and separate offense.
 COMPLEX CRIME
Enrile v. Salazar, 186 SCRA 217
No complex crime of rebellion with murder
Extinction of Criminal Liability
 Extinction of Criminal Liability
1. Death of convict
2. Service of Sentence
3. Amnesty
4. By absolute pardon
5. By prescription of crime
6. Prescription of Penalty
7. By marriage of offended woman (Art. 344)
 Extinction of Criminal Liability
1. Death
Criminal liability whether before or after final
judgment is extinguished upon death
because it is a personal penalty.

Pecuniary penalty is extinguished only when

death occurs before final judgment.
 Extinction of Criminal Liability
It is, thus, evident that as jurisprudence
evolved from Castillo to Torrijos, the rule
established was that the survival of the civil
liability depends on whether the same can be
predicated on sources of obligations other
than delict. Stated differently, the claim for
civil liability is also extinguished together with
the criminal action if it were solely based
thereon, i.e., civil liability ex delicto.
 Extinction of Criminal Liability
2. Service of the sentence

G.R. - Execution only upon finality (Art. 78)

Suspension - Insanity (Art 79)

- Minority Art. 80 (until 21)
 Extinction of Criminal Liability
Suspension of death penalty
- woman while pregnant, within 1 year of delivery
- over 70 years
Death penalty not imposed
- more than 70 years
- on appeal, required number of votes not
reached (8)
- minor 18 years of age
 Extinction of Criminal Liability
3.Amnesty Const., art. VII, sec. 19
 Extinction of Criminal Liability
4. Absolute pardon Const., art. VII, sec. 19

Art. 23. Effect of pardon by the offended party.

A pardon of the offended party does not
extinguish criminal action except as provided
in Article 344 of this Code; but civil liability
with regard to the interest of the injured
party is extinguished by his express waiver.
 Extinction of Criminal Liability
5.Prescription of the crime - forfeiture or loss of
the right of the state to prosecute the
offender after the lapse of a certain time
Art. 90. Death, reclusion perpetua or reclusion
temporal - twenty years.
Other afflictive penalties - fifteen years.
Correctional penalty - ten years;
Arresto mayor- five years.
 Extinction of Criminal Liability
Libel or other similar offenses - one year.
Oral defamation and slander by deed - six
months.
Light offenses - two months.
When penalty a compound one, the highest
penalty shall be made the basis of the
application of the rules
 Extinction of Criminal Liability
Art. 91. Computation of prescription of
offenses. from the day on which the crime
is discovered by the offended party, the
authorities, or their agents,
 Extinction of Criminal Liability
interrupted by the filing of the complaint or
information,
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.
shall not run when the offender is absent
from the Philippine Archipelago.
 ACT NO. 3326
- AN ACT TO ESTABLISH PERIODS OF
PRESCRIPTION FOR VIOLATIONS PENALIZED
BY SPECIAL ACTS AND MUNICIPAL
ORDINANCES AND TO PROVIDE WHEN
PRESCRIPTION SHALL BEGIN TO RUN
Section 1. Violations penalized by special acts shall,
unless otherwise provided in such acts, prescribe in
accordance with the following rules:
(a) punished only by a fine or by imprisonment for not
more than one month, or both 1 year;
(b) punished by imprisonment for more than one month,
but less than two years 4 years;
(c) punished by imprisonment for two years or more, but
less than six years 8 years; and
(d) punished by imprisonment for six years or more 12
years , except the crime of treason, (20 years)
(e) Violations penalized by municipal ordinances - 2
months.
Sec. 2. Prescription shall begin to run from the
day of the commission of the violation of the
law, and if the same be not known at the
time, from the discovery thereof and the
institution of judicial proceeding for its
investigation and punishment.
 The prescription shall be interrupted when
proceedings are instituted against the guilty
person, and shall begin to run again if the
proceedings are dismissed for reasons not
constituting jeopardy.

Note Flight to another country not included

Sec. 3. For the purposes of this Act, special acts
shall be acts defining and penalizing
violations of the law not included in the
Penal Code.
 Extinction of Criminal Liability
6.Prescription of the penalty RPC, art. 92 and 93
Art. 92.
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.
 Extinction of Criminal Liability
Art. 93. Computation of the prescription of
penalties. 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.
 Extinction of Criminal Liability
7.Marriage of the offended woman, as provided
in Article 344 of the RPC
In cases of seduction, abduction, acts of
lasciviousness (and rape), the marriage of the
offender with the offended party shall extinguish the
criminal action or remit the penalty already imposed
upon him. The provisions of this paragraph shall also
be applicable to the co-principals, accomplices and
accessories after the fact of the above-mentioned
crimes.
Partial Extinction
of Criminal Liability
 Partial Extinction
of Criminal Liability
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.
 Partial Extinction
of Criminal Liability
1.Conditional pardon RPC, art. 95
 Partial Extinction
of Criminal Liability
2.Commutation of the sentence RPC, art. 96

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.
 Partial Extinction
of Criminal Liability
3. Good conduct allowances RPC, art. 97, 98 and 99
Art. 97. Allowance for good conduct. Deduction
1. First two years of his imprisonment - 5d/month
2. 3rd 5th year 8d/month
3. Following years - 10th - 10d/month
4. 11th and successive years 15d/month
of good behavior.
 Partial Extinction
of Criminal Liability
Art. 98. Special time allowance for loyalty. 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 - A deduction of 1/5 of the
period of his sentence
 Partial Extinction
of Criminal Liability

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.
VII. CIVIL LIABILITY
RPC, art. 100-113
 CIVIL LIABILITY
Chua v. Court of Appeals, 443 SCRA 142 (2004)
In the case before us, there was neither a waiver
nor a reservation made; nor did the offended party
institute a separate civil action. It follows that
evidence should be allowed in the criminal
proceedings to establish the civil liability arising
from the offense committed, and the private
offended party has the right to intervene through
the private prosecutors.
 CIVIL LIABILITY

Art. 100. Civil liability of a person guilty of

felony. Every person criminally liable for a
felony is also civilly liable.
 CIVIL LIABILITY
Art. 101. Rules regarding civil liability in
certain cases.
 CIVIL LIABILITY
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.
 CIVIL LIABILITY
Should there be no person having such insane,
imbecile or minor under his authority, legal
guardianship or control, or if such person be
insolvent, said insane, imbecile, or minor
shall respond with their own property,
excepting property exempt from execution, in
accordance with the civil law.
 CIVIL LIABILITY
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.
 CIVIL LIABILITY
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.
 CIVIL LIABILITY
Art. 102. Subsidiary civil liability of innkeepers,
tavernkeepers and proprietors of establishments.
In default of the persons criminally liable,
innkeepers, tavernkeepers, and any other persons or
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.
 CIVIL LIABILITY
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.
 CIVIL LIABILITY
Carpio v. Doroja, 180 SCRA 1(1989)
In order that an employer may be held
subsidiarily liable for the employee's civil
liability in the criminal action, it should be
shown (1) that the employer, etc. is engaged
in any kind of industry, (2) that the employee
committed the offense in the discharge of his
duties and (3) that he is insolvent
 CIVIL LIABILITY
The subsidiary liability of the employer,
however, arises only after conviction of the
employee in the criminal action. All these
requisites present, the employer becomes
ipso facto subsidiarily liable upon the
employee's conviction and upon proof of the
latter's insolvency. Needless to say, the case
at bar satisfies all these requirements
 CIVIL LIABILITY
Philippine Rabbit v. Court of Appeals, 427 SCRA 526
(2004)
The driver cannot be held jointly and severally liable
with the carrier in case of breach of the contract of
carriage. The rationale behind this is readily
discernible. Firstly, the contract of carriage is
between the carrier and the passenger, and in the
event of contractual liability, the carrier is exclusively
responsible therefore to the passenger, even if such
breach be due to the negligence of his driver
 CIVIL LIABILITY
What civil liability includes
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.
 CIVIL LIABILITY
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.
 CIVIL LIABILITY
The thing itself shall be restored, even though it be
found in the possession of a third person who has
acquired it by lawful means, saving to the 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.
 CIVIL LIABILITY
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.
 CIVIL LIABILITY
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.
 CIVIL LIABILITY
Heirs of Raymundo Castro v. Bustos, 27 SCRA 327
1. As indemnity for the death of the victim of the
offense P12,000.00, without the need of any
evidence or proof of damages, and even though
there may have been mitigating circumstances
attending the commission of the offense. (75,000)
Rape with homicide (100,000)
 CIVIL LIABILITY
2. As indemnity for loss of earning capacity of the
deceased an amount to be fixed by the Court
according to the circumstances of the deceased
related to his actual income at the time of death and
his probable life expectancy, the said indemnity to be
assessed and awarded by the court as a matter of
duty, unless the deceased had no earning capacity at
said time on account of permanent disability not
caused by the accused
 CIVIL LIABILITY
. If the deceased was obliged to give support,
under Art. 291, Civil Code, the recipient who is
not an heir, may demand support from the
accused for not more than five years, the
exact duration to be fixed by the court.
 CIVIL LIABILITY
3. As moral damages for mental anguish, an
amount to be fixed by the court. This may be
recovered even by the illegitimate descendants and
ascendants of the deceased.
4. As exemplary damages, when the crime is
attended by one or more aggravating circumstances,
an amount to be fixed in the discretion of the
court, the same to be considered separate from
fines.
 CIVIL LIABILITY
5. As attorney's fees and expresses of
litigation, the actual amount thereof, (but
only when a separate civil action to recover
civil liability has been filed or when exemplary
damages are awarded).
6. Interests in the proper cases.
 CIVIL LIABILITY
7. It must be emphasized that the indemnities for
loss of earning capacity of the deceased and for
moral damages are recoverable separately from and
in addition to the fixed sum of P12,000.00
corresponding to the indemnity for the sole fact of
death, and that these damages may, however, be
respectively increased or lessened according to the
mitigating or aggravating circumstances, except
items 1 and 4 above, for obvious reasons.
 ART. 112: EXTINCTION OF CIVIL LIABILITY

1. payment or performance
2. loss of the thing due
3. condonation or remission of the debt
4. confusion or merger of the rights of creditor
and debtor
5. compensation
6. novation
END