Criminal Law A branch of municipal law which defnes crimes, treats of

their nature and provides for their punishment.

Limitations on the power of Congress to enact penal laws (ON)
1. Must be general in application.
2. Must not partake of the nature of an ex post facto law.
3. Must not partake of the nature of a bill of attainder.
4. Must not impose cruel and unusual punishment or ecessive fnes.
Characteristics of Criminal Law:
1. General ! the law is binding to all persons who reside in the "hilippines
2. Territorial ! the law is binding to all crimes committed within the #ational
$erritor% of the "hilippines
Exception to Territorial Application& 'nstances enumerated under Article 2.
3. Prospective ! the law does not have an% retroactive e(ect.
Exception to Prospective Application& when new statute is favorable to the
accused.
Efect of repeal of penal law to liailit! of ofen"er
Total or absolute, or partial or relative repeal. -- As to the efect of
repeal of penal law to the liability of ofender, qualify your answer by saying
whether the repeal is absolute or total or whether the repeal is partial or
relative only.
A repeal is absolute or total when the crie punished under the repealed
law has been decriinali!ed by the repeal. "ecause of the repeal, the act or
oission which used to be a crie is no longer a crie. An exaple is
#epublic Act $o. %&'&, which decriinali!ed subversion.
A repeal is partial or relative when the crie punished under the repealed
law continues to be a crie inspite of the repeal. This eans that the repeal
erely odi(ed the conditions afecting the crie under the repealed law.
The odi(cation ay be pre)udicial or bene(cial to the ofender. *ence, the
following rule+
Conse#$ences if repeal of penal law is total or asol$te
,-. 'f a case is pending in court involving the violation of the repealed law,
the sae shall be disissed, even though the accused ay be a habitual
delinquent.
,/. 'f a case is alread% decided and the accused is alread% serving sentence
b% fnal )udgment, if the convict is not a habitual delin*uent, then he will
be entitled to a release unless there is a reservation clause in the penal
law that it will not apply to those serving sentence at the tie of the
repeal. +ut if there is no reservation, those who are not habitual
delinquents even if they are already serving their sentence will receive
the bene(t of the repealing law. They are entitled to release.
'f the% are not discharged from confnement, a petition for habeas corpus
should be (led to test the legality of their continued con(neent in )ail.
Page | 1
'f the convict, on the other hand, is a habitual delin*uent, he will
continue serving the sentence in spite of the fact that the law under
which he was convicted has already been absolutely repealed. This is so
because penal laws should be given retroactive application to favor only
those who are not habitual delinquents.
Conse#$ences if repeal of penal law is partial or relative
,-. 'f a case is pending in court involving the violation of the repealed law,
and the repealing law is more favorable to the accused, it shall be the
one applied to hi. 0o whether he is a habitual delinquent or not, if the
case is still pending in court, the repealing law will be the one to apply
unless there is a saving clause in the repealing law that it shall not apply
to pending causes of action.
,2- 'f a case is alread% decided and the accused is alread% serving sentence
b% fnal )udgment, even if the repealing law is partial or relative, the
crie still reains to be a crie. $hose who are not habitual
delin*uents will beneft on the e(ect of that repeal, so that if the repeal
is more lenient to them, it will be the repealing law that will henceforth
appl% to them.
1nder Article //, even if the ofender is already convicted and serving
sentence, a law which is bene(cial shall be applied to hi unless he is a
habitual delinquent in accordance with #ule 2 of Article '/.
Consequences if repeal of penal law is express or implied
,-. 'f a penal law is impliedl% repealed, the subsequent repeal of the
repealing law will revive the original law. 0o the act or oission which
was punished as a crie under the original law will be revived and the
sae shall again be cries although during the iplied repeal they ay
not be punishable.

,/. 'f the repeal is epress, the repeal of the repealing law will not revive the
(rst law, so the act or oission will no longer be penali!ed.
These efects of repeal do not apply to self-repealing laws or those which
have autoatic terination. An exaple is the #ent 3ontrol 4aw which is
revived by 3ongress every two years.
Theories of Criminal Law
1. Classical Theor! ! Man is essentiall% a moral creature with an absolute
free will to choose between good and evil and therefore more stress is
placed upon the result of the felonious act than upon the criminal himself.
2. Positivist Theor! ! Man is subdued occasionall% b% a strange and morbid
phenomenon which conditions him to do wrong in spite of or contrar% to his
volition.
Eclectic or %i&e" Philosoph!
Page | 2
This cobines both positivist and classical thin5ing. 3ries that are
econoic and social and nature should be dealt with in a positivist anner6
thus, the law is ore copassionate. *einous cries should be dealt with in
a classical anner6 thus, capital punishent
'()*C %(+*%) *N C,*%*N(L L(-
.octrine of Pro ,eo
7henever a penal law is to be construed or applied and the law adits of two
interpretations 8 one lenient to the ofender and one strict to the ofender 8
that interpretation which is lenient or favorable to the ofender will be
adopted.
N$ll$m crimen/ n$lla poena sine lege
There is no crie when there is no law punishing the sae. This is true to
civil law countries, but not to coon law countries.
"ecause of this axi, there is no coon law crie in the Philippines. $o
atter how wrongful, evil or bad the act is, if there is no law de(ning the act,
the sae is not considered a crie.
(ct$s non facit re$m/ nisi mens sit rea
The act cannot be criinal where the ind is not criinal. This is true to a
felony characteri!ed by dolo, but not a felony resulting fro culpa. This
axi is not an absolute one because it is not applied to culpable felonies, or
those that result fro negligence.
0tilitarian Theor! or Protective Theor!
The priary purpose of the punishent under criinal law is the protection of
society fro actual and potential wrongdoers. The courts, therefore, in
exacting retribution for the wronged society, should direct the punishent to
potential or actual wrongdoers, since criinal law is directed against acts and
oissions which the society does not approve. 3onsistent with this theory,
the ala prohibita principle which punishes an ofense regardless of alice or
criinal intent, should not be utili!ed to apply the full harshness of the special
law.
)o$rces of Criminal Law
1. $he .evised "enal /ode
2. 0pecial "enal 1aws ! Acts enacted of the "hilippine 1egislature punishing
o(enses or omissions.
Constr$ction of Penal Laws
1. /riminal 0tatutes are liberall% construed in favor of the o(ender. $his
means that no person shall be brought within their terms who is not clearl%
Page | 3
within them, nor should an% act be pronounced criminal which is not clearl%
made so b% statute.
2. $he original tet in which a penal law is approved in case of a con2ict with
an o3cial translation.
3. 'nterpretation b% analog% has no place in criminal law
%(L( *N )E (N. %(L( P,O1*'*T(
9iolations of the #evised Penal 3ode are referred to as malum in se, which
literall% means, that the act is inherentl% evil or bad or per se wrongful. 4n
the other hand, violations of special laws are generall% referred to as malum
prohibitum.
#ote, however, that not all violations of special laws are mala prohibita. 5hile
intentional felonies are alwa%s mala in se, it does not follow that prohibited
acts done in violation of special laws are alwa%s mala prohibita. 6ven if the
crime is punished under a special law, if the act punished is one which is
inherentl% wrong, the same is malum in se, and, therefore, good faith and the
lack of criminal intent is a valid defense7 unless it is the product of criminal
negligence or culpa.
1ikewise when the special laws re*uires that the punished act be committed
knowingl% and willfull%, criminal intent is re*uired to be proved before criminal
liabilit% ma% arise.
5hen the act penali8ed is not inherentl% wrong, it is wrong onl% because a law
punishes the same.
.istinction etween crimes p$nishe" $n"er the ,evise" Penal Co"e
an" crimes p$nishe" $n"er special laws
1. As to oral trait of the ofender
'n crimes punished under the .evised "enal /ode, the moral trait of the
o(ender is considered. $his is wh% liabilit% would onl% arise when there is
dolo or culpa in the commission of the punishable act.
'n crimes punished under special laws, the moral trait of the o(ender is
not considered7 it is enough that the prohibited act was voluntaril% done.
2. As to use of good faith as defense
'n crimes punished under the .evised "enal /ode, good faith or lack of
criminal intent is a valid defense7 unless the crime is the result of culpa
'n crimes punished under special laws, good faith is not a defense
3. As to degree of accoplishent of the crie
'n crimes punished under the .evised "enal /ode, the degree of
accomplishment of the crime is taken into account in punishing the
Page | 4
o(ender7 thus, there are attempted, frustrated, and consummated
stages in the commission of the crime.
'n crimes punished under special laws, the act gives rise to a crime onl%
when it is consummated7 there are no attempted or frustrated stages,
unless the special law epressl% penali8e the mere attempt or frustration
of the crime.
4. As to itigating and aggravating circustances
'n crimes punished under the .evised "enal /ode, mitigating and
aggravating circumstances are taken into account in imposing the
penalt% since the moral trait of the o(ender is considered.
'n crimes punished under special laws, mitigating and aggravating
circumstances are not taken into account in imposing the penalt%.
9. As to degree of participation
'n crimes punished under the .evised "enal /ode, when there is more
than one o(ender, the degree of participation of each in the commission
of the crime is taken into account in imposing the penalt%7 thus,
o(enders are classifed as principal, accomplice and accessor%.
'n crimes punished under special laws, the degree of participation of the
o(enders is not considered. All who perpetrated the prohibited act are
penali8ed to the same etent. $here is no principal or accomplice or
accessor% to consider.
Test to "etermine if violation of special law is mal$m prohiit$m or
mal$m in se
Analy!e the violation+ :s it wrong because there is a law prohibiting it or
punishing it as such; :f you reove the law, will the act still be wrong;
:f the wording of the law punishing the crie uses the word <willfully=, then
alice ust be proven. 7here alice is a factor, good faith is a defense.
:n violation of special law, the act constituting the crie is a prohibited act.
Therefore culpa is not a basis of liability, unless the special law punishes an
oission.
7hen given a proble, ta5e note if the crie is a violation of the #evised
Penal 3ode or a special law.
(rt2 32 This Co"e shall ta4e efect on 5an$ar! 3/ 36782
(rt2 82 E&cept as provi"e" in the treaties an" laws of preferential
application/ the provisions of this Co"e shall e enforce" not onl!
within the Philippine (rchipelago incl$"ing its atmosphere/ its
interior waters an" %aritime 9one/ $t also o$tsi"e of its :$ris"iction/
against those who:
Page | 5
32 )ho$l" commit an ofense while on a Philippine ship or
airship;
82 )ho$l" forge or co$nterfeit an! coin or c$rrenc! note of the
Philippine *slan"s or oligations an" sec$rities iss$e" ! the
Government of the Philippine *slan"s;
72 )ho$l" e liale for acts connecte" with the intro"$ction into
these islan"s of the oligations an" sec$rities mentione" in the
prece"ing n$mer;
<2 -hile eing p$lic o=cers or emplo!ees/ sho$l" commit an
ofense in the e&ercise of their f$nctions; or ,0oe of these cries are
bribery, fraud against national treasury, alversation of public funds or
property, and illegal use of public funds6 e.g., A )udge who accepts a bribe
while in >apan..
>2 )ho$l" commit an! crimes against the national sec$rit! an"
the law of nations/ "e?ne" in Title One of 'oo4 Two of this Co"e2
,These cries include treason, espionage, piracy, utiny, and violation of
neutrality.
Rules as to crimes committed aboard foreign merchant vessels&
1. @rench ,$le ! 0uch crimes are not triable in the courts of that countr%,
unless their commission a(ects the peace and securit% of the territor% or
the safet% of the state is endangered.
2. English ,$le ! 0uch crimes are triable in that countr%, unless the%
merel% a(ect things within the vessel or the% refer to the internal
management thereof. ,$his is applicable in the "hilippines-
two situations where the foreign country ay not apply its criinal law even if
a crie was coitted on board a vessel within its territorial waters and
these are+
,-. 7hen the crie is coitted in a war vessel of a foreign country,
because war vessels are part of the sovereignty of the country to whose
naval force they belong6
,/. 7hen the foreign country in whose territorial waters the crie was
coitted adopts the French Rule, which applies only to erchant
vessels, except when the crie coitted afects the national security
or public order of such foreign country.
Requirements of an ofense committed while on a hilippine !hip
or "irship:
1. .egistered with the "hilippine +ureau of /ustoms
2. 0hip must be in the high seas or the airship must be in international
airspace.
1nder international law rule, a vessel which is not registered in accordance
with the laws of any country is considered a pirate vessel and piracy is a
crie against huanity in general, such that wherever the pirates ay go,
they can be prosecuted.
Page | 6
10 v. "ull
A crime which occurred on board of a foreign vessel, which began when the
ship was in a foreign territor% and continued when it entered into "hilippine
waters, is considered a continuing crime. ;ence within the )urisdiction of the
local courts.
As a general rule, the #evised Penal 3ode governs only when the crie
coitted pertains to the exercise of the public o?cial@s functions, those
having to do with the discharge of their duties in a foreign country. The
functions conteplated are those, which are, under the law, to be perfored
by the public o?cer in the Aoreign 0ervice of the Philippine governent in a
foreign country.
Exception+ The #evised Penal 3ode governs if the crie was coitted
within the Philippine Ebassy or within the ebassy grounds in a foreign
country. This is because ebassy grounds are considered an extension of
sovereignty.
Paragraph 2 of Article /, use the phrase <as de(ned in Title Bne of "oo5 Two
of this 3ode.=
This is a very iportant part of the exception, because Title : of "oo5 /
,cries against national security. does not include rebellion.
(rt 72 (cts an" omissions p$nishale ! law are felonies2
"cts ! an overt or eternal act
#mission ! failure to perform a dut% re*uired b% law. Exaple of an
oission& failure to render assistance to an%one who is in danger of d%ing
or is in an uninhabited place or is wounded < abandonment.
Felonies < acts and omissions punishable b% the .evised "enal /ode
Crime < acts and omissions punishable b% an% law
5hat re*uisites must concur before a felon% ma% be committed=
There ust be ,-. an act or oission6 ,/. punishable by the #evised
Penal 3ode6 and ,&. the act is perfored or the oission incurred by eans of
dolo or culpa.
$ow felonies are committed&
1. ! means of "eceit (dolo) < $here is deceit when the act is performed
with deliberate intent.
Requisites%
a. freedom
b. intelligence
c. intent
Exaples& murder, treason, and robber%.
3riinal intent is not necessary in these cases+
Page | 7
,-. 7hen the crie is the product of culpa or negligence, rec5less
iprudence, lac5 of foresight or lac5 of s5ill6
,/. 7hen the crie is a prohibited act under a special law or what is
called alu prohibitu.
:n criinal law, intent is categori!ed into two+
,-. Ceneral criinal intent6 and
,/. 0peci(c criinal intent.
Ceneral criinal intent is presued fro the ere doing of a wrong act. This
does not require proof. The burden is upon the wrong doer to prove that he
acted without such criinal intent.

0peci(c criinal intent is not presued because it is an ingredient or eleent
of a crie, li5e intent to 5ill in the cries of attepted or frustrated
hoicideDparricideDurder. The prosecution has the burden of proving the
sae.
Eistinction between intent and discernent
:ntent is the deterination to do a certain thing, an ai or purpose of the
ind. :t is the design to resolve or deterination by which a person acts.
Bn the other hand, discernent is the ental capacity to tell right fro
wrong. :t relates to the oral signi(cance that a person ascribes to his act
and relates to the intelligence as an eleent of dolo, distinct fro intent.
Eistinction between intent and otive
:ntent is deonstrated by the use of a particular eans to bring about a
desired result 8 it is a state of ind or a reason for coitting a crie.
Bn the other hand, otive iplies eotion. :t is the oving power which
ipels one to do an act. 7hen there is otive in the coission of a crie,
it always coes before the intent. "ut a crie ay be coitted without
otive.
:f the crie is intentional, it cannot be coitted without intent. :ntent is
anifested by the instruent used by the ofender. The speci(c criinal
intent becoes aterial if the crie is to be distinguished fro the
attepted or frustrated stage.
2. b& means of fault 'culpa( < $here is fault when the wrongful act
results from imprudence, negligence, lack of foresight, or lack of skill.
a. )mprudence < defcienc% of action7 e.g. A was driving a truck along a
road. ;e hit + because it was raining < reckless imprudence.
b. *egligence + defcienc% of perception7 failure to foresee impending
danger, usuall% involves lack of foresight
c. Requisites%
1. >reedom
Page | 8
2. 'ntelligence
3. 'mprudence, negligence, lack of skill or foresight
4. 1ack of intent
The concept of criinal negligence is the inexcusable lac5 of precaution
on the part of the person perforing or failing to perfor an act. :f the
danger ipending fro that situation is clearly anifest, you have a case of
rec5less iprudence. "ut if the danger that would result fro such
iprudence is not clear, not anifest nor iediate you have only a case of
siple negligence .
%ista4e of fact < is a misapprehension of fact on the part of the person
who caused in)ur% to another. ;e is not criminall% liable.
a. Requisites&
1. that the act done would have been lawful had the facts been as the
accused believed them to be7
2. intention of the accused is lawful7
3. mistake must be without fault of carelessness.
6ample+ 1nited 0tates v. Ah 3hong.
Ah /hong being afraid of bad elements, locked himself in his room
b% placing a chair against the door. After having gone to bed, he was
awakened b% somebod% who was tr%ing to open the door. ;e asked the
identit% of the person, but he did not receive a response. >earing that
this intruder was a robber, he leaped out of bed and said that he will kill
the intruder should he attempt to enter. At that moment, the chair
struck him. +elieving that he was attacked, he sei8ed a knife and fatall%
wounded the intruder.
Fista5e of fact would be relevant only when the felony would have been
intentional or through dolo, but not when the felony is a result of culpa. 7hen
the felony is a product of culpa, do not discuss ista5e of fact.
(rt2 <2 Criminal liailit! shall e inc$rre":
32 '! an! person committing a felon!/ altho$gh the wrongf$l act
"one e "iferent from that which he inten"e"2
Article 4, paragraph 1 presupposes that the act done is the proimate cause of
the resulting felon%. 't must be the direct, natural, and logical conse*uence of
the felonious act.
/auses which produce a di(erent result&
a. ,ista-e in identit& of the victim ! in)uring one person who is
mistaken for another ,this is a comple crime under Art. 4?- e.g., A
intended to shoot +, but he instead shot / because he ,A- mistook / for
+.
:n error in personae, the intended victi was not at the scene of the
crie. :t was the actual victi upon who the blow was directed, but he was
not really the intended victi.
Page | 9
*ow does error in personae afect criinal liability of the ofender;
Error in personae is itigating if the crie coitted is diferent fro that
which was intended. :f the crie coitted is the sae as that which was
intended, error in personae does not afect the criinal liability of the
ofender.
:n ista5e of identity, if the crie coitted was the sae as the crie
intended, but on a diferent victi, error in persona does not afect the
criinal liability of the ofender. "ut if the crie coitted was diferent
fro the crie intended, Article GH will apply and the penalty for the lesser
crie will be applied. :n a way, ista5e in identity is a itigating
circustance where Article GH applies. 7here the crie intended is ore
serious than the crie coitted, the error in persona is not a itigating
circustance
b. ,ista-e in blow ! hitting somebod% other than the target due to lack of
skill or fortuitous instances ,this is a comple crime under Art. 4?- e.g., +
and / were walking together. A wanted to shoot +, but he instead
in)ured /.
:n aberratio ictus, a person directed the blow at an intended victi, but
because of poor ai, that blow landed on soebody else. :n aberratio ictus,
the intended victi as well as the actual victi are both at the scene of the
crie.
aberratio ictus, generally gives rise to a coplex crie. This being so, the
penalty for the ore serious crie is iposed in the axiu period.
c. )n.urious result is greater than that intended ! causing in)ur%
graver than intended or epected ,this is a mitigating circumstance due
to lack of intent to commit so grave a wrong under Art. 13- e.g., A
wanted to in)ure +. ;owever, + died.
praeter intentione is itigating, particularly covered by paragraph & of
Article -&. :n order however, that the situation ay qualify as praeter
intentione, there ust be a notable disparity between the eans eployed
and the resulting felony
'n all these instances the o(ender can still be held criminall% liable, since
he is motivated b% criminal intent.
Requisites&
a. the felon% was intentionall% committed
b. the felon% is the proimate cause of the wrong done
/octrine of roximate Cause ! such ade*uate and e3cient cause as, in
the natural order of events, and under the particular circumstances
surrounding the case, which would necessaril% produce the event.
Requisites&
a. the direct, natural, and logical cause
b. produces the in)ur% or damage
c. unbroken b% an% su3cient intervening cause
d. without which the result would not have occurred
Page | 10
Proxiate 3ause is negated by+
a. Active force, distinct act, or fact absolutel% foreign from the felonious
act of the accused, which serves as a su3cient intervening cause.
b. .esulting in)ur% or damage is due to the intentional act of the victim.
proxiate cause does not require that the ofender needs to actually
touch the body of the ofended party. :t is enough that the ofender generated
in the ind of the ofended party the belief that ade hi ris5 hiself.
#equisite for Presuption blow was cause of the death ! 5here there has
been an in)ur% in2icted su3cient to produce death followed b% the demise
of the person, the presumption arises that the in)ur% was the cause of the
death. "rovided&
a. victim was in normal health
b. death ensued within a reasonable time
The one who caused the proxiate cause is the one liable. The one who
caused the iediate cause is also liable, but erely contributory or
soeties totally not liable.
82 '! an! person performing an act which wo$l" e an ofense
against persons or propert!/ were it not for the inherent impossiilit!
of its accomplishment or on acco$nt of the emplo!ment of
ina"e#$ate or inefect$al means2
.e*uisites& (*%PO))*'LE C,*%E)
a. Act would have been an o(ense against persons or propert%
b. Act is not an actual violation of another provision of the /ode or of a
special penal law
c. $here was criminal intent
d. Accomplishment was inherentl% impossible7 or inade*uate or ine(ectual
means were emplo%ed.
#otes&
a. 4(ender must believe that he can consummate the intended crime, a
man stabbing another who he knew was alread% dead cannot be liable
for an impossible crime.
b. $he law intends to punish the criminal intent.
c. $here is no attempted or frustrated impossible crime.
Aelonies against persons& parricide, murder, homicide, infanticide, ph%sical
in)uries, etc.
Aelonies against property+ robber%, theft, usurpation, swindling, etc.
:nherent ipossibility& A thought that + was )ust sleeping. + was alread%
dead. A shot +. A is liable. 'f A knew that + is dead and he still shot him,
then A is not liable.
7hen we say inherent ipossibility, this eans that under any and all
circustances, the crie could not have ateriali!ed. :f the crie could have
ateriali!ed under a diferent set of facts, eploying the sae ean or the
sae act, it is not an ipossible crie6 it would be an attepted felony.
Eployent of inadequate eans& A used poison to kill +. ;owever, +
survived because A used small *uantities of poison < frustrated murder.
Page | 11
:nefectual eans& A aimed his gun at +. 5hen he fred the gun, no bullet
came out because the gun was empt%. A is liable.
7henever you are confronted with a proble where the facts suggest
that an ipossible crie was coitted, be careful about the question as5ed.
:f the question as5ed is+ <:s an ipossible crie coitted;=, then you )udge
that question on the basis of the facts. :f really the facts constitute an
ipossible crie, then you suggest than an ipossible crie is coitted,
then you state the reason for the inherent ipossibility.
:f the question as5ed is <:s he liable for an ipossible crie;=, this is a
catching question. Even though the facts constitute an ipossible crie, if
the act done by the ofender constitutes soe other cries under the #evised
Penal 3ode, he will not be liable for an ipossible crie. *e will be
prosecuted for the crie constituted so far by the act done by hi.
this idea of an ipossible crie is a one of last resort, )ust to teach the
ofender a lesson because of his criinal perversity. :f he could be taught of
the sae lesson by charging hi with soe other crie constituted by his
act, then that will be the proper way. :f you want to play safe, you state there
that although an ipossible crie is constituted, yet it is a principle of
criinal law that he will only be penali!ed for an ipossible crie if he cannot
be punished under soe other provision of the #evised Penal 3ode.
(rt >2 -henever a co$rt has 4nowle"ge of an! act which it ma!
"eem proper to repress an" which is not p$nishale ! law/ it shall
ren"er the proper "ecision an" shall report to the Chief E&ec$tive/
thro$gh the .epartment of 5$stice/ the reasons which in"$ce the
co$rt to elieve that sai" act sho$l" e ma"e s$:ect of legislation2
*n the same wa! the co$rt shall s$mit to the Chief E&ec$tive/
thro$gh the .epartment of 5$stice/ s$ch statement as ma! e
"eeme" proper/ witho$t s$spen"ing the e&ec$tion of the sentence/
when a strict enforcement of the provisions of this Co"e wo$l" res$lt
in the imposition of a clearl! e&cessive penalt!/ ta4ing into
consi"eration the "egree of malice an" the in:$r! ca$se" ! the
ofense2
7hen a person is charged in court, and the court (nds that there is no
law applicable, the court will acquit the accused and the )udge will give his
opinion that the said act should be punished.
"aragraph 2 does not appl% to crimes punishable b% special law, including
profteering, and illegal possession of frearms or drugs. $here can be no
eecutive clemenc% for these crimes.
(rt2 A2 Cons$mmate" felonies/ as well as those which are fr$strate"
an" attempte"/ are p$nishale2
( felon! is cons$mmate" when all the elements necessar! for its
e&ec$tion an" accomplishment are present; an" it is fr$strate" when
the ofen"er performs all the acts of e&ec$tion which wo$l" pro"$ce
Page | 12
the felon! as a conse#$ence $t which/ nevertheless/ "o not pro"$ce
it ! reason of ca$ses in"epen"ent of the will of the perpetrator2
There is an attempt when the ofen"er commences the commission
of a felon! "irectl! ! overt acts/ an" "oes not perform all the acts of
e&ec$tion which sho$l" pro"$ce the felon! ! reason of some ca$se
or acci"ent other than his own spontaneo$s "esistance2
Eevelopent of a crie
1. 'nternal acts ! intent and plans7 usuall% not punishable
2. 6ternal acts
a. "reparator% Acts ! acts tending toward the crime
b. Acts of 6ecution ! acts directl% connected the crime
!tages of Commission of a Crime
"ttempt Frustrated Consummated
4vert acts of
eecution are
started
#ot all acts of
eecution are
present
@ue to reasons
other than the
spontaneous
desistance of the
perpetrator
All acts of
eecution are
present
/rime sought to
be committed is
not achieved
@ue to
intervening
causes
independent of
the will of the
perpetrator
All the acts of
eecution are
present
$he result sought
is achieved
0tages of a 3rie does not apply in&
1. 4(enses punishable b% 0pecial "enal 1aws, unless the otherwise is
provided for.
2. >ormal crimes ,e.g., slander, adulter%, etc.-
3. 'mpossible /rimes
4. /rimes consummated b% mere attempt. Exaples+ attempt to 2ee to an
enem% countr%, treason, corruption of minors.
9. >elonies b% omission
A. /rimes committed b% mere agreement. Exaples+ betting in sports
,endings in basketball-, corruption of public o3cers.
.esistance
Eesistance on the part of the ofender negates criinal liability in the
attepted stage. Eesistance is true only in the attepted stage of the felony.
:f under the de(nition of the felony, the act done is already in the frustrated
stage, no aount of desistance will negate criinal liability.
The spontaneous desistance of the ofender negates only the attepted
stage but not necessarily all criinal liability. Even though there was
desistance on the part of the ofender, if the desistance was ade when acts
done by hi already resulted to a felony, that ofender will still be criinally
liable for the felony brought about his act
:n deciding whether a felony is attepted or frustrated or
consuated, there are three criteria involved+
Page | 13
,-. The anner of coitting the crie6
,/. The eleents of the crie6 and
,&. The nature of the crie itself.
Applications+
a. A put poison in +Bs food. + threw awa% his food. A is liable < attepted
urder.
1
b. A stole +Bs car, but he returned it. A is liable < ,consuated. theft.
c. A aimed his gun at +. / held ABs hand and prevented him from shooting
+ < attepted urder.
d. A in2icted a mortal wound on +. + managed to survive < frustrated
urder.
e. A intended to kill + b% shooting him. A missed < attepted urder.
f. A doused +Bs house with kerosene. +ut before he could light the match,
he was caught < attepted arson.
g. A cause a bla8e, but did not burn the house of + < frustrated arson.
h. +Bs house was set on fre b% A < ,consuated. arson.
i. A tried to rape +. + managed to escape. $here was no penetration <
attepted rape.
). A got hold of +Bs painting. A was caught before he could leave +Bs house
< frustrated robbery.
/
The attepted stage is said to be within the sub)ective phase of
execution of a felony. Bn the sub)ective phase, it is that point in tie when
the ofender begins the coission of an overt act until that point where he
loses control of the coission of the crie already. :f he has reached that
point where he can no longer control the ensuing consequence, the crie has
already passed the sub)ective phase and, therefore, it is no longer attepted.
The oent the execution of the crie has already gone to that point where
the felony should follow as a consequence, it is either already frustrated or
consuated. :f the felony does not follow as a consequence, it is already
frustrated. :f the felony follows as a consequence, it is consuated.
although the ofender ay not have done the act to bring about the
felony as a consequence, if he could have continued coitting those acts
but he hiself did not proceed because he believed that he had done enough
to consuate the crie, 0upree 3ourt said the sub)ective phase has
passed 8frustrated stage already
$BTE0 B$ A#0B$6
The weight of the authority is that the crie of arson cannot be
coitted in the frustrated stage. The reason is because we can hardly
deterine whether the ofender has perfored all the acts of execution that
would result in arson, as a consequence, unless a part of the preises has
1
The difference between murder and homicide wi be di!cu!!ed in "rimina #aw $$. The!e crime! are found in %rtice! 248 and
249& 'oo( $$ of the )e*i!ed Pena "ode.

2
The difference between theft and robber+ wi be di!cu!!ed in "rimina #aw $$. The!e crime! are found in Tite Ten& "ha,ter!
-ne and Three& 'oo( $$ of the )e*i!ed Pena "ode.
Page | 14
started to burn. Bn the other hand, the oent a particle or a olecule of
the preises has blac5ened, in law, arson is consuated. This is because
consuated arson does not require that the whole of the preises be
burned. :t is enough that any part of the preises, no atter how sall, has
begun to burn.

E0TAAA 90. T*EAT
:n estafa, the ofender receives the property6 he does not ta5e it. "ut in
receiving the property, the recipient ay be coitting theft, not estafa, if
what was transferred to hi was only the physical or aterial possession of
the ob)ect. :t can only be estafa if what was transferred to hi is not only
aterial or physical possession but )uridical possession as well.
7hen you are discussing estafa, do not tal5 about intent to gain. :n the
sae anner that when you are discussing the crie of theft, do not tal5 of
daage.
Nat$re of the crime itself
:n cries involving the ta5ing of huan life 8 parricide, hoicide, and
urder 8 in the de(nition of the frustrated stage, it is indispensable that the
victi be ortally wounded. 1nder the de(nition of the frustrated stage, to
consider the ofender as having perfored all the acts of execution, the acts
already done by hi ust produce or be capable of producing a felony as a
consequence. The general rule is that there ust be a fatal in)ury inIicted,
because it is only then that death will follow.
:f the wound is not ortal, the crie is only attepted. The reason is
that the wound inIicted is not capable of bringing about the desired felony of
parricide, urder or hoicide as a consequence6 it cannot be said that the
ofender has perfored all the acts of execution which would produce
parricide, hoicide or urder as a result.
An exception to the general rule is the so-called sub)ective phase. The
0upree 3ourt has decided cases which applied the sub)ective standard that
when the ofender hiself believed that he had perfored all the acts of
execution, even though no ortal wound was inIicted, the act is already in
the frustrated stage.
The coon notion is that when there is conspiracy involved, the
participants are punished as principals. This notion is no longer absolute. :n
the case of eople v. *ierra, the 0upree 3ourt ruled that even though
there was conspiracy, if a co-conspirator erely cooperated in the
coission of the crie with insigni(cant or inial acts, such that even
without his cooperation, the crie could be carried out as well, such co-
conspirator should be punished as an accoplice only.
(rt2 B2 Light felonies are p$nishale onl! when the! have een
cons$mmate" with the e&ception of those committe" against persons
or propert!2
Exaples of light felonies& slight ph%sical in)uries7 theft7 alteration of
boundar% marks7 malicious mischief7 and intriguing against honor.
Page | 15
'n commission of crimes against properties and persons, ever% stage of
eecution is punishable but onl% the principals and accomplices are liable
for light felonies, accessories are not.
(rt2 C2 Conspirac! an" proposal to commit felon! are p$nishale onl!
in the cases in which the law speciall! provi"es a penalt! therefore2
( conspirac! e&ists when two or more persons come to an
agreement concerning the commission of a felon! an" "eci"e to
commit it2
There is proposal when the person who has "eci"e" to commit a
felon! proposes its e&ec$tion to some other person or persons2
3onspiracy is punishable in the following cases& treason, rebellion or
insurrection, sedition, and monopolies and combinations in restraint of
trade.
3onspiracy to coit a crie is not to be confused with conspiracy as a
eans of coitting a crie. 'n both cases there is an agreement but
mere conspirac% to commit a crime is not punished 6C/6"$ in treason,
rebellion, or sedition. 6ven then, if the treason is actuall% committed, the
conspirac% will be considered as a means of committing it and the accused
will all be charged for treason and not for conspirac% to commit treason.

/onspirac% and "roposal to /ommit a /rime
/onspirac% "roposal
6leme
nts
Agreement among 2
or more persons to
commit a crime
$he% decide to
commit it
A person has decided to
commit a crime
;e proposes its commission
to another
/rime
s
1. /onspirac% to
commit sedition
2. /onspirac% to
commit rebellion
3. /onspirac% to
commit treason
1. "roposal to commit treason
2. "roposal to commit rebellion

Mere conspirac% in combination in restraint of trade ,Art. 1?A-, and
brigandage ,Art. 3DA-.
Two ways for conspiracy to exist+
,-. There is an agreeent.
,/. The participants acted in concert or siultaneously which is indicative of
a eeting of the inds towards a coon criinal goal or criinal
ob)ective. 7hen several ofenders act in a synchroni!ed, coordinated
anner, the fact that their acts copliented each other is indicative of
the eeting of the inds. There is an iplied agreeent.
Page | 16
Two 5inds of conspiracy +
,-. 3onspiracy as a crie6 and
,/. 3onspiracy as a anner of incurring criinal liability
7hen conspiracy itself is a crie, no overt act is necessary to bring
about the criinal liability. The ere conspiracy is the crie itself. This is
only true when the law expressly punishes the ere conspiracy6 otherwise,
the conspiracy does not bring about the coission of the crie because
conspiracy is not an overt act but a ere preparatory act. Treason, rebellion,
sedition, and coup d@etat are the only cries where the conspiracy and
proposal to coit to the are punishable.
7hen the conspiracy is only a basis of incurring criinal liability, there
ust be an overt act done before the co-conspirators becoe criinally
liable. Aor as long as none of the conspirators has coitted an overt act,
there is no crie yet. "ut when one of the coits any overt act, all of
the shall be held liable, unless a co-conspirator was
-..absent fro the scene of the crie or he
/..showed up, but he tried to prevent the coission of the crie
As a general rule, if there has been a conspiracy to coit a crie in a
particular place, anyone who did not appear shall be presued to have
desisted. The exception to this is if such person who did not appear was the
asterind.
Aor as long as none of the conspirators has coitted an overt act,
there is no crie yet. "ut when one of the coits any overt act, all of
the shall be held liable, unless a co-conspirator was absent fro the scene
of the crie or he showed up, but he tried to prevent the coission of the
crie
As a general rule, if there has been a conspiracy to coit a crie in a
particular place, anyone who did not appear shall be presued to have
desisted. The exception to this is if such person who did not appear was the
asterind.

7hen the conspiracy itself is a crie, this cannot be inferred or deduced
because there is no overt act. All that there is, is the agreeent. Bn the
other hand, if the co-conspirator or any of the would execute an overt act,
the crie would no longer be the conspiracy but the overt act itself
conspiracy as a crie, ust have a clear and convincing evidence of its
existence. Every crie ust be proved beyond reasonable doubt. it ust be
established by positive and conclusive evidence, not by con)ectures or
speculations.

7hen the conspiracy is )ust a basis of incurring criinal liability,
however, the sae ay be deduced or inferred fro the acts of several
ofenders in carrying out the coission of the crie. The existence of a
conspiracy ay be reasonably inferred fro the acts of the ofenders when
such acts disclose or show a coon pursuit of the criinal ob)ective.
Page | 17
ere 5nowledge, acquiescence to, or approval of the act, without
cooperation or at least, agreeent to cooperate, is not enough to constitute a
conspiracy. There ust be an intentional participation in the crie with a view
to further the coon felonious ob)ective.
7hen several persons who do not 5now each other siultaneously
attac5 the victi, the act of one is the act of all, regardless of the degree of
in)ury inIicted by any one of the. All will be liable for the consequences. A
conspiracy is possible even when participants are not 5nown to each other.
Eo not thin5 that participants are always 5nown to each other.
3onspiracy is a atter of substance which ust be alleged in the
inforation, otherwise, the court will not consider the sae.
Proposal is true only up to the point where the party to who the
proposal was ade has not yet accepted the proposal. Bnce the proposal
was accepted, a conspiracy arises. Proposal is unilateral, one party a5es a
proposition to the other6 conspiracy is bilateral, it requires two parties.
06@'$'4#7
Proposal to coit sedition is not a crie. "ut if 1nion " accepts the
proposal, there will be conspiracy to coit sedition which is a crie under
the #evised Penal 3ode.
Composite crimes
3oposite cries are cries which, in substance, consist of ore than
one crie but in the eyes of the law, there is only one crie. Aor exaple,
the cries of robbery with hoicide, robbery with rape, robbery with physical
in)uries.
:n case the crie coitted is a coposite crie, the conspirator will
be liable for all the acts coitted during the coission of the crie
agreed upon. This is because, in the eyes of the law, all those acts done in
pursuance of the crie agreed upon are acts which constitute a single crie.
As a general rule, when there is conspiracy, the rule is that the act of
one is the act of all. This principle applies only to the crie agreed upon.
The exception is if any of the co-conspirator would coit a crie not
agreed upon. This happens when the crie agreed upon and the crie
coitted by one of the co-conspirators are distinct cries.
Exception to the exception+ :n acts constituting a single indivisible
ofense, even though the co-conspirator perfored diferent acts bringing
about the coposite crie, all will be liable for such crie. They can only
evade responsibility for any other crie outside of that agreed upon if it is
proved that the particular conspirator had tried to prevent the coission of
such other act
Page | 18
(rt2 62 Grave felonies are those to which the law attaches the
capital p$nishment or penalties which in an! of their are aDictive/ in
accor"ance with (rticle 8> of this Co"e2
Less grave felonies are those which the law p$nishes with
penalties which in their ma&im$m perio" are correctional/ in
accor"ance with the aoveEmentione" article2
Light felonies are those infractions of law for the commission of
which he penalt! of arresto ma&or or a ?ne not e&cee"ing 8FF pesos/
or oth is provi"e"2
/apital punishment < death penalt%.
"enalties ,imprisonment-& Erave < si %ears and one da% to reclusion
perpetua ,life-7 1ess grave < one month and one da% to si %ears7 1ight <
arresto enor ,one da% to 3D da%s-.
CL())*@*C(T*ON O@ @ELON*E)
This question was as5ed in the bar exaination+ *ow do you classify felonies
or how are felonies classi(ed;
7hat the exainer had in ind was Articles &, ' and H. Eo not write the
classi(cation of felonies under "oo5 / of the #evised Penal 3ode. That was
not what the exainer had in ind because the question does not require the
candidate to classify but also to de(ne. Therefore, the exainer was after
the classi(cations under Articles &, ' and H.
>elonies are classifed as follows &
,-. According to the anner of their coission
1nder Article &, they are classi(ed as, intentional felonies or those
coitted with deliberate intent6 and culpable felonies or those
resulting fro negligence, rec5less iprudence, lac5 of foresight or lac5
of s5ill.
,/. According to the stages of their execution
1nder Article '., felonies are classi(ed as attepted felony when the
ofender coences the coission of a felony directly by overt acts,
and does not perfor all the acts of execution which should produce the
felony by reason of soe cause or accident other than his own
spontaneous desistance6 frustrated felony when the ofender
coences the coission 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
perpetrator6 and, consuated felony when all the eleents necessary
for its execution are present.
,&. According to their gravity
1nder Article H, felonies are classi(ed as grave felonies or those to which
attaches the capital punishent or penalties which in any of their
periods are aJictive6 less grave felonies or those to which the law
punishes with penalties which in their axiu period was correccional6
Page | 19
and light felonies or those infractions of law for the coission of which
the penalty is arresto enor.
7hy is it necessary to deterine whether the crie is grave, less grave or
light;
To deterine whether these felonies can be coplexed or not, and to
deterine the prescription of the crie and the prescription of the penalty. :n
other words, these are felonies classi(ed according to their gravity, stages
and the penalty attached to the. Ta5e note that when the #evised Penal
3ode spea5s of grave and less grave felonies, the de(nition a5es a
reference speci(cally to Article /2 of the #evised Penal 3ode. Eo not oit the
phrase <:n accordance with Article /2= because there is also a classi(cation of
penalties under Article /' that was not applied.
:f the penalty is (ne and exactly P/KK.KK, it is only considered a light felony
under Article H.
:f the (ne is iposed as an alternative penalty or as a single penalty, the (ne
of P/KK.KK is considered a correctional penalty under Article /'.
:f the penalty is exactly P/KK.KK, apply Article /'. :t is considered as
correctional penalty and it prescribes in -K years. :f the ofender is
apprehended at any tie within ten years, he can be ade to sufer the (ne.
This classi(cation of felony according to gravity is iportant with respect to
the question of prescription of cries.
:n the case of light felonies, cries prescribe in two onths. :f the crie is
correctional, it prescribes in ten years, except arresto ayor, which prescribes
in (ve years.
4iability of accessory ,art -'.
7hether a coplex crie was coitted ,art GL.
Euration of subsidiary penalty ,art &H ,/..
Prescription of crie ,art HK.
Proper penalty for quasi ofense ,art &KH.
(rt2 3F2 Ofenses which are or in the f$t$re ma! e p$nishale $n"er
special laws are not s$:ect to the provisions of this Co"e2 This Co"e
shall e s$pplementar! to s$ch laws/ $nless the latter sho$l"
speciall! provi"e the contrar!2
>or 0pecial 1aws& "enalties should be imprisonment, and not reclusion
perpetua, etc.
4(enses that are attempted or frustrated are not punishable, unless
otherwise stated.
"lea of guilt% is not mitigating for o(enses punishable b% special laws.
#o minimum, medium, and maimum periods for penalties.
#o penalt% for an accessor% or accomplice, unless otherwise stated.
Provisions of #P3 applicable to special laws+
Page | 20
a. Art. 1A "articipation of Accomplices
b. Art. 22 .etroactivit% of "enal laws if favorable to the accused
c. Art. 49 /onfscation of instruments used in the crime
)0PPLETO,G (PPL*C(T*ON O@ T1E ,EH*)E. PEN(L CO.E
:n Article -K, there is a reservation <provision of the #evised Penal 3ode ay
be applied suppletorily to special laws=. Mou will only apply the provisions of
the #evised Penal 3ode as a suppleent to the special law, or siply
correlate the violated special law, if needed to avoid an in)ustice. :f no )ustice
would result, do not give suppletorily application of the #evised Penal 3ode
to that of special law.
Aor exaple, a special law punishes a certain act as a crie. The special law
is silent as to the civil liability of one who violates the sae. *ere is a person
who violated the special law and he was prosecuted. *is violation caused
daage or in)ury to a private party. Fay the court pronounce that he is civilly
liable to the ofended party, considering that the special law is silent on this
point; Mes, because Article -KK of the #evised Penal 3ode ay be given
suppletory application to prevent an in)ustice fro being done to the ofended
party. Article -KK states that every person criinally liable for a felony is also
civilly liable. That article shall be applied suppletory to avoid an in)ustice that
would be caused to the private ofended party, if he would not be indeni(ed
for the daages or in)uries sustained by hi.
:n eople v. Rodrigue0, it was held that the use of ars is an eleent of
rebellion, so a rebel cannot be further prosecuted for possession of (rears.
A violation of a special law can never absorb a crie punishable under the
#evised Penal 3ode, because violations of the #evised Penal 3ode are ore
serious than a violation of a special law. "ut a crie in the #evised Penal
3ode can absorb a crie punishable by a special law if it is a necessary
ingredient of the crie in the #evised Penal 3ode.
:n the crie of sedition, the use of (rears is not an ingredient of the crie.
*ence, two prosecutions can be had+ ,-. sedition6 and ,/. illegal possession of
(rears.
"ut do not thin5 that when a crie is punished outside of the #evised Penal
3ode, it is already a special law. Aor exaple, the crie of cattle-rustling is
not a ala prohibitu but a odi(cation of the crie theft of large cattle. 0o
Presidential Eecree $o. 2&&, punishing cattle-rustling, is not a special law. :t
can absorb the crie of urder. :f in the course of cattle rustling, urder was
coitted, the ofender cannot be prosecuted for urder. Furder would be a
qualifying circustance in the crie of quali(ed cattle rustling. This was the
ruling in eople v. ,artinada.
The aendents of Presidential Eecree $o. 'G/2 ,The Eangerous Erugs Act
of -H%/. by #epublic Act $o. %'2H, which adopted the scale of penalties in the
#evised Penal 3ode, eans that itigating and aggravating circustances
can now be considered in iposing penalties. Presidential Eecree $o. 'G/2
does not expressly prohibit the suppletory application of the #evised Penal
Page | 21
3ode. The stages of the coission of felonies will also apply since
suppletory application is now allowed.
Circ$mstances afecting criminal liailit!
$here are fve circumstances a(ecting criminal liabilit%&
,1- Fustif%ing circumstances7
,2- 6empting circumstances7
,3- Mitigating circumstances7
,4- Aggravating circumstances7 and
,9- Alternative circumstances.
$here are two others which are found elsewhere in the provisions of the
.evised "enal /ode&
,1- Absolutor% cause7 and

,2- 6tenuating circumstances.
:n )ustifying and exepting circustances, there is no criinal liability. 7hen
an accused invo5es the, he in efect adits the coission of a crie but
tries to avoid the liability thereof. The burden is upon hi to establish beyond
reasonable doubt the required conditions to )ustify or exept his acts fro
criinal liability. 7hat is shifted is only the burden of evidence, not the
burden of proof.
>ustifying circustances conteplate intentional acts and, hence, are
incopatible with dolo. Exepting circustances ay be invo5ed in culpable
felonies.
(sol$tor! ca$se
The efect of this is to absolve the ofender fro criinal liability, although
not fro civil liability. :t has the sae efect as an exepting circustance,
but you do not call it as such in order not to confuse it with the circustances
under Article -/.
Article /K provides that the penalties prescribed for accessories shall not be
iposed upon those who are such with respect to their spouses, ascendants,
descendants, legitiate, natural and adopted brothers and sisters, or
relatives by a?nity within the sae degrees with the exception of accessories
who pro(ted theselves or assisting the ofender to pro(t by the efects of
the crie.
Then, Article LH provides how criinal liability is extinguished+
Page | 22
Eeath of the convict as to the personal penalties, and as to pecuniary
penalties, liability therefor is extinguished if death occurs before (nal
)udgent6
0ervice of the sentence6
Anesty6
Absolute pardon6
Prescription of the crie6
Prescription of the penalty6 and
Farriage of the ofended woan as provided in Article &GG.
1nder Article /G%, a legally arried person who 5ills or inIicts physical
in)uries upon his or her spouse who he surprised having sexual intercourse
with his or her paraour or istress in not criinally liable.
1nder Article /-H, discovering secrets through sei!ure of correspondence of
the ward by their guardian is not penali!ed.
1nder Article &&/, in the case of theft, swindling and alicious ischief, there
is no criinal liability but only civil liability, when the ofender and the
ofended party are related as spouse, ascendant, descendant, brother and
sister-in-law living together or where in case the widowed spouse and the
property involved is that of the deceased spouse, before such property had
passed on to the possession of third parties.
1nder Article &GG, in cases of seduction, abduction, acts of lasciviousness,
and rape, the arriage of the ofended party shall extinguish the criinal
action.
Absolutory cause has the efect of an exepting circustance and they are
predicated on lac5 of voluntariness li5e instigation. :nstigation is associated
with criinal intent. Eo not consider culpa in connection with instigation. :f
the crie is culpable, do not tal5 of instigation. :n instigation, the crie is
coitted with dolo. :t is confused with entrapent.
Entrapent is not an absolutory cause. Entrapent does not exept the
ofender or itigate his criinal liability. "ut instigation absolves the ofender
fro criinal liability because in instigation, the ofender siply acts as a tool
of the law enforcers and, therefore, he is acting without criinal intent
because without the instigation, he would not have done the criinal act
which he did upon instigation of the law enforcers.
/iference between instigation and entrapment
:n instigation, the criinal plan or design exists in the ind of the law
enforcer with who the person instigated cooperated so it is said that the
person instigated is acting only as a ere instruent or tool of the law
enforcer in the perforance of his duties.
Page | 23
Bn the other hand, in entrapent, a criinal design is already in the ind of
the person entrapped. :t did not eanate fro the ind of the law enforcer
entrapping hi. Entrapent involves only ways and eans which are laid
down or resorted to facilitate the apprehension of the culprit.
The eleent which a5es instigation an absolutory cause is the lac5 of
criinal intent as an eleent of voluntariness.
:f the instigator is a law enforcer, the person instigated cannot be criinally
liable, because it is the law enforcer who planted that criinal ind in hi to
coit the crie, without which he would not have been a criinal. :f the
instigator is not a law enforcer, both will be criinally liable, you cannot have
a case of instigation. :n instigation, the private citi!en only cooperates with
the law enforcer to a point when the private citi!en upon instigation of the law
enforcer incriinates hiself. :t would be contrary to public policy to
prosecute a citi!en who only cooperated with the law enforcer. The private
citi!en believes that he is a law enforcer and that is why when the law
enforcer tells hi, he believes that it is a civil duty to cooperate.
:f the person instigated does not 5now that the person is instigating hi is a
law enforcer or he 5nows hi to be not a law enforcer, this is not a case of
instigation. This is a case of induceent, both will be criinally liable.
:n entrapent, the person entrapped should not 5now that the person trying
to entrap hi was a law enforcer. The idea is incopatible with each other
because in entrapent, the person entrapped is actually coitting a crie.
The o?cer who entrapped hi only lays down ways and eans to have
evidence of the coission of the crie, but even without those ways and
eans, the person entrapped is actually engaged in a violation of the law.
:nstigation absolves the person instigated fro criinal liability. This is based
on the rule that a person cannot be a criinal if his ind is not criinal. Bn
the other hand, entrapent is not an absolutory cause. :t is not even
itigating.
:n case of sonabulis or one who acts while sleeping, the person involved
is de(nitely acting without freedo and without su?cient intelligence,
because he is asleep. *e is oving li5e a robot, unaware of what he is doing.
0o the eleent of voluntariness which is necessary in dolo and culpa is not
present. 0onabulis is an absolutory cause. :f eleent of voluntariness
is absent, there is no criinal liability, although there is civil liability, and if the
circustance is not aong those enuerated in Article -/, refer to the
circustance as an absolutory cause.
Fista5e of fact is an absolutory cause. The ofender is acting without criinal
intent. 0o in ista5e of fact, it is necessary that had the facts been true as
the accused believed the to be, this act is )usti(ed. :f not, there is criinal
liability, because there is no ista5e of fact anyore. The ofender ust
believe he is perforing a lawful act.
E&ten$ating circ$mstances

Page | 24
The efect of this is to itigate the criinal liability of the ofender. :n other
words, this has the sae efect as itigating circustances, only you do not
call it itigating because this is not found in Article -&.
:llustrations+
An unwed other 5illed her child in order to conceal a dishonor. The
concealent of dishonor is an extenuating circustance insofar as the unwed
other or the aternal grandparents is concerned, but not insofar as the
father of the child is concerned. Fother 5illing her new born child to conceal
her dishonor, penalty is lowered by two degrees. 0ince there is a aterial
lowering of the penalty or itigating the penalty, this is an extenuating
circustance.
The concealent of honor by other in the crie of infanticide is an
extenuating circustance but not in the case of parricide when the age of the
victi is three days old and above.
:n the crie of adultery on the part of a arried woan abandoned by her
husband, at the tie she was abandoned by her husband, is it necessary for
her to see5 the copany of another an. Abandonent by the husband does
not )ustify the act of the woan. :t only extenuates or reduces criinal
liability. 7hen the efect of the circustance is to lower the penalty there is
an extenuating circustance.
A 5leptoaniac is one who cannot resist the teptation of stealing things
which appeal to his desire. This is not exepting. Bne who is a 5leptoaniac
and who would steal ob)ects of his desire is criinally liable. "ut he would be
given the bene(t of a itigating circustance analogous to paragraph H of
Article -&, that of sufering fro an illness which diinishes the exercise of
his will power without, however, depriving hi of the consciousness of his act.
0o this is an extenuating circustance. The efect is to itigate the criinal
liability.
.istinctions etween :$stif!ing circ$mstances an" e&empting
circ$mstances
:n )ustifying circustances 8
,-. The circustance afects the act, not the actor6
,/. The act coplained of is considered to have been done within the
bounds of law6 hence, it is legitiate and lawful in the eyes of the law6
,&. 0ince the act is considered lawful, there is no crie, and because there
is no crie, there is no criinal6
,G. 0ince there is no crie or criinal, there is no criinal liability as well as
civil liability.
:n exepting circustances 8
Page | 25
,-. The circustances afect the actor, not the act6
,/. The act coplained of is actually wrongful, but the actor acted without
voluntariness. *e is a ere tool or instruent of the crie6
,&. 0ince the act coplained of is actually wrongful, there is a crie. "ut
because the actor acted without voluntariness, there is absence of dolo
or culpa. There is no criinal6
,G. 0ince there is a crie coitted but there is no criinal, there is civil
liability for the wrong done. "ut there is no criinal liability. *owever, in
paragraphs G and % of Article -/, there is neither criinal nor civil
liability.
7hen you apply for )ustifying or exepting circustances, it is confession
and avoidance and burden of proof shifts to the accused and he can no longer
rely on wea5ness of prosecution@s evidence
(rt2 33: 5$stif!ing Circ$mstances E those wherein the acts of the
actor are in accor"ance with law/ hence/ he is :$sti?e"2 There is no
criminal an" civil liailit! eca$se there is no crime2
!elf+defense
A. .eason for lawfulness of self<defense& because it would be impossible for
the 0tate to protect all its citi8ens. Also a person cannot )ust give up his
rights without an% resistance being o(ered.
+. .ights included in self<defense&
1. @efense of person
2. @efense of rights protected b% law
3. @efense of propert%&
a. $he owner or lawful possessor of a thing has a right to eclude
an% person from the en)o%ment or disposal thereof. >or this purpose,
he ma% use such force as ma% be reasonabl% necessar% to repel or
prevent an actual or threatened unlawful ph%sical invasion or
usurpation of his propert%. ,Art. G/H, $ew 3ivil 3ode-
b. defense of chastit%
/. 6lements&
1. 0nlawf$l (ggression < is a ph%sical act manifesting danger to life or
limb7 it is either actual or imminent.
a. ActualGreal aggression < .eal aggression presupposes an act
positivel% strong, showing the wrongful intent of the aggressor,
which is not merel% threatening or intimidating attitude, but a
material attack. $here must be real danger to life a personal safet%.
b. 'mminent unlawful aggression < it is an attack that is impending or
on the point of happening. 't must not consist in a mere
threatening attitude, nor must it be merel% imaginar%. $he
intimidating attitude must be o(ensive and positivel% strong.
c. 5here there is an agreement to fght, there is no unlawful
aggression. 6ach of the protagonists is at once assailant and
assaulted, and neither can invoke the right of self<defense, because
Page | 26
aggression which is an incident in the fght is bound to arise from
one or the other of the combatants. 6ception& 5here the attack is
made in violation of the conditions agreed upon, there ma% be
unlawful aggression.
d. Hnlawful aggression in self<defense, to be )ustif%ing, must eist at
the time the defense is made. 't ma% no longer eist if the
aggressor runs awa% after the attack or he has manifested a refusal
to continue fghting. 'f the person attacked allowed some time to
elapse after he su(ered the in)ur% before hitting back, his act of
hitting back would not constitute self<defense, but revenge.
A light push on the head with the hand is not unlawful aggression,
but a slap on the face is, because his dignit% is in danger.
A police o3cer eceeding his authorit% ma% become an unlawful
aggressor.
$he nature, character, location, and etent of the wound ma% belie
claim of self<defense.
2 82 ,easonale necessit! of the means emplo!e" to prevent or
repel it;
a2 .e*uisites&
Means were used to prevent or repel
Means must be necessar% and there is no other wa% to prevent or
repel it
Means must be reasonable ! depending on the circumstances,
but generall% proportionate to the force of the aggressor.
b. $he rule here is to stand %our ground when in the right which ma%
be invoked when the defender is unlawfull% assaulted and the
aggressor is armed with a weapon.
c. $he rule is more liberal when the accused is a peace o3cer who,
unlike a private person, cannot run awa%.
d. $he reasonable necessit% of the means emplo%ed to put up the
defense.
$he gauge of reasonable necessit% is the instinct of self<
preservation, i.e. a person did not use his rational mind to pick a
means of defense but acted out of self<preservation, using the
nearest or onl% means available to defend himself, even if such
means be disproportionatel% advantageous as compared with the
means of violence emplo%ed b% the aggressor.
.easonableness of the means depends on the nature and the
*ualit% of the weapon used, ph%sical condition, character, si8e
and other circumstances.
72 Lac4 of s$=cient provocation on the part of the person
"efen"ing himself2
a. 5hen no provocation at all was given to the aggressor b% the
person defending himself.
b. 5hen even if provocation was given b% the person defending
himself, such was not su3cient to cause violent aggression on the
part of the attacker, i.e. the amount of provocation was not
su3cient to stir the aggressor into the acts which led the accused to
defend himself.
c. 5hen even if the provocation were su3cient, it was not given b%
the person defending himself.
Page | 27
d. 5hen even if provocation was given b% the person defending
himself, the attack was not proimate or immediate to the act of
provocation.
e. 0u3cient means proportionate to the damage caused b% the act,
and ade*uate to stir one to its commission.
@. Iinds of 0elf<@efense
1. 0elf<defense of chastit% < to be entitled to complete self<defense of
chastit%, there must be an attempt to rape, mere imminence thereof
will su3ce.
2. @efense of propert% < an attack on the propert% must be coupled with
an attack on the person of the owner, or of one entrusted with the
care of such propert%.
3. 0elf<defense in libel < ph%sical assault ma% be )ustifed when the libel is
aimed at a personBs good name, and while the libel is in progress, one
libel deserves another.
J+urden of proof < on the accused ,su3cient, clear and convincing
evidence7 must rel% on the strength of his own evidence and not on the
weakness of the prosecution-
"relim coverage ends here
Midterm coverage starts here
.efense of ,elative 0,Not the one provo4ing (elements)
A. 6lements&
1. unlawful aggression
2. reasonable necessit% of the means emplo%ed to prevent or repel the
attack7
3. in case provocation was given b% the person attacked, that the person
making the defense had no part in such provocation.
+. .elatives entitled to the defense&
1. spouse
2. ascendants
3. descendants
4. legitimate, natural or adopted brothers or sisters
9. relatives b% a3nit% in the same degree
A. relatives b% consanguinit% within the 4th civil degree.
$he third element need not take place. $he relative defended ma% even
be the original aggressor. All that is re*uired to )ustif% the act of the
relative defending is that he takes no part in such provocation.
Eeneral opinion is to the e(ect that all relatives mentioned must be
legitimate, ecept in cases of brothers and sisters who, b% relatives b%
nature, ma% be illegitimate.
$he unlawful aggression ma% depend on the honest belief of the person
making the defense.
.efense of )tranger 0,No motive (elements)
Page | 28
A. 6lements
1. unlawful aggression
2. reasonable necessit% of the means emplo%ed to prevent or repel the
attack7
3. the person defending be not induced b% revenge, resentment or other
evil motive.
+. A relative not included in defense of relative is included in defense of
stranger.
/. +e not induced b% evil motive means that even an enem% of the
aggressor who comes to the defense of a stranger ma% invoke this
)ustif%ing circumstances so long as he is not induced b% a motive that is
evil.
)tate of Necessit!
A. Art. --, Par. a provides+
(n! person who/ in or"er to avoi" an evil or in:$r!/ "oes an act
which ca$ses "amage to another/ provi"e" that the following
re#$isites are present:
@irst2 That the evil so$ght to e avoi"e" act$all! e&ists;
)econ"2 That the in:$r! feare" e greater than that "one to
avoi" it; an"
Thir"2 That there e no other practical an" less harmf$l means
of preventing it2
+. A state of necessit% eists when there is a clash between une*ual rights,
the lesser right giving wa% to the greater right. Aside from the 3
re*uisites stated in the law, it should also be added that the necessit%
must not be due to the negligence or violation of an% law b% the actor.
/. $he person for whose beneft the harm has been prevented shall be
civill% liable in proportion to the beneft which ma% have been received.
$his is the onl% )ustif%ing circumstance which provides for the pa%ment
of civil indemnit%. Hnder the other )ustif%ing circumstances, no civil
liabilit% attaches. $he courts shall determine, in their sound discretion,
the proportionate amount for which law one is liable.
@$l?llment of .$t! or Lawf$l E&ercise of a ,ight or O=ce
A. 6lements&
1. that the accused acted in the performance of a dut%, or in the lawful
eercise of a right or o3ce7
2. that the in)ur% caused or o(ense committed be the necessar%
conse*uence of the due performance of the dut%, or the lawful
eercise of such right or o3ce.
+. A police o3cer is )ustifed in shooting and killing a criminal who refuses
to stop when ordered to do so, and after such o3cer fred warning shots
in the air.
shooting an o(ender who refused to surrender is )ustifed, but not a
thief who refused to be arrested.
/. $he accused must prove that he was dul% appointed to the position he
claimed he was discharging at the time of the commission of the o(ense.
't must be made to appear not onl% that the in)ur% caused or the o(ense
Page | 29
committed was done in the fulfllment of a dut%, or in the lawful eercise
of a right or o3ce, but that the o(ense committed was a necessar%
conse*uence of such fulfllment of dut%, or lawful eercise of a right or
o3ce.
@. A mere securit% guard has no authorit% or dut% to fre at a thief, resulting
in the latterBs death.
Oe"ience to a )$perior Or"er
A. 6lements&
1. there is an order7
2. the order is for a legal purpose7
3. the means used to carr% out said order is lawful.
+. $he subordinate who is made to compl% with the order is the part% which
ma% avail of this circumstance. $he o3cer giving the order ma% not
invoke this.
/. $he subordinateBs good faith is material here. 'f he obe%ed an order in
good faith, not being aware of its illegalit%, he is not liable. ;owever, the
order must not be patentl% illegal. 'f the order is patentl% illegal this
circumstance cannot be validl% invoked.
@. $he reason for this )ustif%ing circumstance is the subordinateBs mistake
of fact in good faith.
6. 6ven if the order be patentl% illegal, the subordinate ma% %et be able to
invoke the eempting circumstances of having acted under the
compulsion of an irresistible force, or under the impulse of an
uncontrollable fear.
E+E%PT*NG C*,C0%)T(NCE)
6empting circumstances ,non<imputabilit%- are those ground for
eemption from punishment because there is wanting in the agent of the
crime of an% of the conditions which make the act voluntar%, or negligent.
+asis& $he eemption from punishment is based on the complete absence
of intelligence, freedom of action, or intent, or on the absence of negligence
on the part of the accused.
A person who acts 5'$;4H$ MA1'/6 ,without intelligence, freedom of
action or intent- or 5'$;4H$ #6E1'E6#/6 ,without intelligence, freedom of
action or fault- is #4$ /.'M'#A11K 1'A+16 or is 6C6M"$ >.4M "H#'0;M6#$.
$here is a crime committed but no criminal liabilit% arises from it because of
the complete absence of an% of the conditions which constitute free will or
voluntariness of the act.
Page | 30
+urden of proof& An% of the circumstances is a matter of defense and must
be proved b% the defendant to the satisfaction of the court.
(rt2 382 C*,C0%)T(NCE) -1*C1 E+E%PT @,O% C,*%*N(L L*('*L*TG2
The following are e&empt from criminal liailit!:
32 (n imecile or insane person/ $nless the latter has acte" "$ring a
l$ci" interval2
5hen the imbecile or an insane person has committed an act which the law
defnes as a felon% ,delito-, the court shall order his confnement on one of
the hospital or as%lums established for persons thus aLicted. ;e shall not
be permitted to leave without frst obtaining the permission of the same
court.
'nsanit% under section 1D3M of the .evised Administrative /ode is Na
manifestationO
.e*uisites&
a. 4(ender is an imbecile
b. 4(ender was insane at the time of the commission of the crime
'M+6/'1'$K 4. '#0A#'$K
a. +asis& complete absence of intelligence, and element of voluntariness.
b. @efnition & An imbecile is one who while advanced in age has a mental
development comparable to that of children between 2 and P %ears of
age. An insane is one who acts with complete deprivation of
intelligenceGreason or without the least discernment or with total
deprivation of freedom of the will.
An imbecile is eempt in all cases from criminal liabilit%. $he insane is not
so eempt if it can be shown that he acted during a lucid interval . 'n the
latter, loss of consciousness of ones acts and not merel% abnormalit% of
mental faculties will *ualif% ones acts as those of an insane.
"rocedure& court is to order the confnement of such persons in the
hospitals or as%lums established. 0uch persons will not be permitted to
leave without permission from the court. $he court, on the other hand, has
no power to order such permission without frst obtaining the opinion of the
@4; that such persons ma% be released without danger.
"resumption is alwa%s in favor of sanit%. $he defense has the burden to
prove that the accused was insane at the time of the commission of the
crime. >or the ascertainment such mental condition of the accused, it is
permissible to receive evidence of the condition of his mind during a
reasonable period both before and after that time. /ircumstantial evidence
which is clear and convincing will su3ce. An eamination of the outward
acts will help reveal the thoughts, motives and emotions of a person and if
such acts conform to those of people of sound mind.
'nsanit% at the time of the commission of the crime and not that at the time
of the trial will eempt one from criminal liabilit%. 'n case of insanit% at the
time of the trial, there will be a suspension of the trial until the mental
capacit% of the accused is restored to a(ord him a fair trial.
Page | 31
6vidence of insanit% must refer to the time preceding the act under
prosecution or to the ver% moment of its eecution. 5ithout such evidence,
the accused is presumed to be sane when he committed the crime.
/ontinuance of insanit% which is occasional or intermittent in nature will not
be presumed. 'nsanit% at another time must be proved to eist at the time
of the commission of the crime. A person is also presumed to have
committed a crime in one of the lucid intervals. /ontinuance of insanit% will
onl% be presumed in cases wherein the accused has been ad)udged insane
or has been committed to a hospital or an as%lum for the insane.
'nstances of 'nsanit%&
a. @ementia praeco is covered b% the term insanit% because homicidal
attack is common in such form of ps%chosis. 't is characteri8ed b%
delusions that he is being interfered with seuall%, or that his propert% is
being taken, thus the person has no control over his acts.
b. Ileptomania or presence of abnormal, persistent impulse or tendenc% to
steal, to be considered eempting, will still have to be investigated b%
competent ps%chiatrist to determine if the unlawful act is due to the
irresistible impulse produced b% his mental defect, thus loss of will<
power. 'f such mental defect onl% diminishes the eercise of his
willpower and did not deprive him of the consciousness of his acts, it is
onl% mitigating.
c. 6pileps% which is a chronic nervous disease characteri8ed b% convulsive
motions of the muscles and loss of consciousness ma% be covered b% the
term insanit%. ;owever, it must be shown that commission of the
o(ense is during one of those epileptic attacks.
.e%es& >eeblemindedness is not imbecilit% because the o(ender can
distinguish right from wrong. An imbecile and an insane to be eempted
must not be able to distinguish right from wrong.
.elova& >eeblemindedness is imbecilit%.
/rimes committed while in a dream, b% a somnambulist are embraced in
the plea of insanit%. ;%pnotism, however, is a debatable issue.
/rime committed while su(ering from malignant malaria is characteri8ed
b% insanit% at times thus such person is not criminall% liable.
5hen insanit% is interposed as a defense or a ground of a motion to *uash,
the burden rests upon the accused to establish the fact, for the law
presumes ever% man to be sane.
Art ?DD, #//, absence of su3cient evidence to prove insanit%, legal
presumption of oneBs sanit% stands.
$he law presumes all acts to be voluntar%. #ot ever% aberration of the mind
or ehibition of mental defcienc% is insanit%.
Art. PM refers to insanit% after the commission of the crime, whereas, insanit%
in article 12 refers to that at the ver% moment the crime is being committed.
N-hen a convict shall ecome insane or an imecile after ?nal
sentence has een prono$nce"/ the e&ec$tion of sai" sentence shall
e s$spen"e" onl! with regar" to the personal penalt!/ the
provisions of the secon" paragraph of circ$mstance n$mer 3 of
(rticle 38 eing oserve" in the correspon"ing cases2
*f at an! time the convict shall recover his reason/ his sentence shall
e e&ec$te"/ $nless the penalt! shall have prescrie" in accor"ance
with the provisions of this Co"e2
Page | 32
The respective provisions of this section shall also e oserve" if the
insanit! or imecilit! occ$rs while the convict is serving his
sentence2N
2 $ests to prove insanit%Gimbecilit%&
< /ognition test or complete deprivation of intelligence in committing the
criminal act
< Qolition test or total deprivation of the freedom of the will.
0chi8ophrenia ,formerl% dementia praeco- has been described as a chronic
mental disorder characteri8ed b% to distinguish between fantas% and realit%
and often accompanied b% hallucinations and delusions. 0/ mostl% re)ected
this defense since impairment of the mental faculties, such impairment was
not so complete as to deprive the accused of intelligence or consciousness
of his act. %a! e consi"ere" a mitigating circ$mstance2
+attered 5oman s%ndrome ! possible modif%ing circumstance that could
a(ect the criminal liabilit% or penalt% of the accused. @eserves serious
consideration, especiall% in the light of its possible e(ect on her ver% life. 't
could be that ver% thin line divides between death and life or even
ac*uittal. .A M2A2 /onsidered as eonerating circumstance.
$rial )udge is not a ps%chiatrist e*uipped with the special knowledge of
determining the personBs mental health. (n e&pert witness is re#$ire"2
82 ( person $n"er nine !ears of age2 as amen"e" ! ,( 67<<
M'#4.'$K
a. .e*uisite& 4(ender is under M %ears of age at the time of the commission
of the crime. $here is absolute criminal irresponsibilit% in the case of a
minor under M<%ears of age. .A M344 amended the provision raising the
age to 19 %ears old
b. +asis& complete absence of intelligence.
Hnder nine %ears to be construed nine %ears or less. 0uch was inferred
from the net subse*uent paragraph which does not totall% eempt those
over nine %ears of age if he acted with discernment.
"resumptions of incapabilit% of committing a crime is absolute.
Age is computed up to the time of the commission of the crime. Age can
be established b% the testimonies of families and relatives.
0enilit% or second childhood is onl% mitigating.
$o be construed as 19 %ears old and less to be eempting. 19 %ears and 1
da% to 1? %ears old ! determine if child acted with discernment.
'n section 2D. $he child under 19 %.o will be released immediatel% to the
parents, relatives, nearest #E4, baranga% o3cial or council for the
protection of children, @05@ sub)ect to adoption.
'f the child is 19 ! 1? %.o., at an% stage of the proceeding, an% organi8ation
can conduct an intervention.
'f punishment is more than 12 %ears, the court will direct the diversionar%
program. 'f less than 12 %ears, the fscal or brg% captain can direct the
diversionar% program.
6emption from criminal liabilit% does not include eemption from civil
liabilit% shall be enforced in accordance with eisting law, otherwise, the
parents will be directed to pa% civil liabilit%. "arents can have a defense of
taking full precautions.
4 periods of the life of a human being&
Page | 33
Age /riminal .esponsibilit%
M %ears and below ,Art 12,2-
."/, conclusive presumption
! no evidence can rebutt-
Absolute irresponsibilit%
+etween M and 19 %ears old
,0ec. A, .A M344, conclusive
presumption under .A M344-
Absolute irresponsibilit%
over 19 and under 1? %ears
old ,sec A, .A M344,
disputable presumption-
under 1? %.o !absolute
irresponsibilit% in the
following cases&vagranc% and
prostitution ,art 2D2, ."/-7
mendicanc% ,under "@ 19A3-
and sni3ng rugb% ,under "@
1A1M- ! discernment is
immaterial ,sec 9? of M344-
/onditional responsibilit% 5ithout
discernment ! no liabilit% 5ith
@iscernment ! mitigated liabilit%
Absolute irresponsibilit% in certain cases
+etween 1? and PD %ears old >ull responsibilit%
4ver PD %ears old Mitigated responsibilit%
@etermination of age&
< 0ec P, .A M344 ! age ma% be determined from the childBs birth certifcate,
baptismal certifcate or an% other pertinent documents. 'n the absence of
these documents, age ma% be based on information from the child himself,
testimonies of other persons, the ph%sical appearance of the child and other
relevant evidence ,dental records. 'n case of doubt as to the age of the child,
it shall be resolved in his favor.
72 ( person over nine !ears of age an" $n"er ?fteen/ $nless he has
acte" with "iscernment/ in which case/ s$ch minor shall e
procee"e" against in accor"ance with the provisions of article CF of
this Co"e2
-hen s$ch minor is a":$"ge" to e criminall! irresponsile/ the
co$rt/ in conformit! with the provisions of this an" the prece"ing
paragraph/ shall commit him to the care an" c$sto"! of his famil!
who shall e charge" with his s$rveillance an" e"$cation; otherwise/
he shall e committe" to the care of some instit$tion or person
mentione" in sai" article CF2
RHA1'>'6@ M'#4.'$K& +asis& complete absence of intelligence
0uch minor over M %ears and under 19 %ears of age must have acted
without discernment to be eempted from criminal liabilit%. 'f with
discernment, he is criminall% liable.
"resumption is alwa%s that such minor has acted without discernment. $he
prosecution is burdened to prove if otherwise.
@iscernment means the mental capacit% of a minor between M and 19 %ears
of age to full% appreciate the conse*uences of his unlawful act. 0uch is
shown b%& ,1- manner the crime was committed ,i.e. commission of the
crime during nighttime to avoid detection7 taking the loot to another town
to avoid discover%-, or ,2- the conduct of the o(ender after its commission
Page | 34
,i.e. elation of satisfaction upon the commission of his criminal act as shown
b% the accused cursing at the victim-. ,"eople v #avarro-
>acts or particular facts concerning personal appearance which lead o3cers
or the court to believe that his age was as stated b% said o3cer or court
should be stated in the record.
'f such minor is ad)udged to be criminall% liable, he is charged to the
custod% of his famil%, otherwise, to the care of some institution or person
mentioned in article ?D. $his is because of the courtBs presupposition that
the minor committed the crime without discernment.
Allegation of Nwith intent to kill: in the information is su3cient allegation of
discernment as such conve%s the idea that he knew what would be the
conse*uences of his unlawful act. $hus is the case wherein the information
alleges that the accused, with intent to kill, willfull%, criminall% and
feloniousl% pushed a child of ? 1G2 %ears of age into a deep place. 't was
held that the re*uirement that there should be an allegation that she acted
with discernment should be deemed ampl% met.
NActing with discernment: has to be alleged in the information otherwise a
motion to *uash can be fled. 'f the phrase is left out, other phrases can
replace like Nintent to kill: to mean discernment.
Hnder .A M344, 6ntitled to suspended eecution of sentence to allow the
child to other diversionar% program or probation.
<2 (n! person who/ while performing a lawf$l act with "$e care/
ca$ses an in:$r! ! mere acci"ent witho$t fa$lt or intention of
ca$sing it2
A//'@6#$& +asis& lack of negligence and intent.
6lements&
a. A person is performing a lawful act
b. 6ercise of due care
c. ;e causes in)ur% to another b% mere accident
d. 5ithout fault or intention of causing it.
@ischarge of a frearm in a thickl% populated place in the /it% of Manila
being prohibited b% Art. 199 of the ."/ is not a performance of a lawful act
when such led to the accidental hitting and wounding of 2 persons.
@rawing a weaponGgun in the course of self<defense even if such fred and
seriousl% in)ured the assailant is a lawful act and can be considered as done
with due care since it could not have been done in an% other manner.
5ith the fact dul% established b% the prosecution that the appellant was
guilt% of negligence, this eempting circumstance cannot be applied
because application presupposes that there is no fault or negligence on the
part of the person performing the lawful act.
Accident happens outside the swa% of our will, and although it comes about
some act of our will, lies be%ond the bounds of humanl% foreseeable
conse*uences.
$he accused, who, while hunting saw wild chickens and fred a shot can be
considered to be in the performance of a lawful act eecuted with due care
and without intention of doing harm when such short recoiled and
accidentall% wounded another. 0uch was established because the
deceased was not in the direction at which the accused fred his gun.
Page | 35
$he chau(eur, who while driving on the proper side of the road at a
moderate speed and with due diligence, suddenl% and unepectedl% saw a
man in front of his vehicle coming from the sidewalk and crossing the street
without an% warning that he would do so, in e(ect being run over b% the
said chau(eur, was held not criminall% liable, it being b% mere accident.
#egligence ! the omission to do something which a reasonable man, guided
b% the considerations which ordinaril% regulate the conduct the conduct of
human a(airs, would do, or the doing of something which a prudent and
reasonable man would not do.
$est& Mr "rudent Man or Mr. .easonable Man ! if our conduct is not one that
either man would normall% do, then our conduct is not reasonable or
prudent7 resort to the standard of either man. 'f %ou are a person in the
right mind, would %ou do it=
'n .a%nera v ;iceta ! @rivers of vehicles who bump the rear of another
which are presumed to be the cause of the accident, unless contradicted b%
other evidence. $he rationale behind this presumption is that the driver of
the rear vehicle has full control of the situation as he is in a position to
observe the vehicle in front of him. /onse*uentl%, the responsibilit% to
avoid the collision with the front vehicle lies with the driver of the rear
vehicle. ;is is the last chance of avoidingOO.
>2 (n! person who acts $n"er the comp$lsion of an irresistile
force2
'..60'0$'+16 >4./6& +asis& complete absence of freedom, an element of
voluntariness
6lements&
a. $hat the compulsion is b% means of ph%sical force
b. $hat the ph%sical force must be irresistible.
c. $hat the ph%sical force must come from a third person
>orce, to be irresistible, must produce such an e(ect on an individual that
despite of his resistance, it reduces him to a mere instrument and, as such,
incapable of committing a crime. 't compels his member to act and his
mind to obe%. 't must act upon him from the outside and b% a third person.
+aculi, who was accused but not a member of a band which murdered
some American school teachers and was seen and compelled b% the
leaders of the band to bur% the bodies, was not criminall% liable as
accessor% for concealing the bod% of the crime. +aculi acted under the
compulsion of an irresistible force.
'rresistible force can never consist in an impulse or passion, or obfuscation.
't must consist of an etraneous force coming from a third person.
A2 (n! person who acts $n"er the imp$lse of an $ncontrollale fear
of an e#$al or greater in:$r!2
H#/4#$.411A+16 >6A.& +asis& complete absence of freedom
6lements
a. that the threat which causes the fear is of an evil greater than, or at least
e*ual to that wGc he is re*uired to commit
b. that it promises an evil of such gravit% and imminence that the ordinar%
man would have succumbed to it.
Page | 36
@uress, to be a valid defense, should be based on real, imminent or
reasonable fear for oneBs life or limb. 't should not be inspired b%
speculative, fanciful or remote fear.
$hreat of future in)ur% is not enough. $he compulsion must leave no
opportunit% to the accused for escape or self<defense in e*ual combat.
@uress is the use of violence or ph%sical force.
$here is uncontrollable fear when the o(ender emplo%s intimidation or
threat in compelling another to commit a crime, while irresistible force is
when the o(ender uses violence or ph%sical force to compel another person
to commit a crime.
Nan act done b% me against m% will is not m% act:
B2 (n! person who fails to perform an act re#$ire" ! law/ when
prevente" ! some lawf$l or ins$perale ca$se.
1A5>H1 4. '#0H"6.A+16 /AH06& +asis& acts without intent, the third
condition of voluntariness in intentional felon%
6lements&
a. $hat an act is re*uired b% law to be done
b. $hat a person fails to perform such act
c. $hat his failure to perform such act was due to some lawful or
insuperable cause
6amples of lawful cause&
a. "riest canBt be compelled to reveal what was confessed to him
b. #o available transportation ! o3cer not liable for arbitrar% detention
c. Mother who was overcome b% severe di88iness and etreme debilit%,
leaving child to die ! not liable for infanticide
$o be an 6C6M"$'#E circumstance ! '#$6#$ '0 5A#$'#E
'#$6#$ ! presupposes the eercise of freedom and the use of intelligence
@istinction between )ustif%ing and eempting circumstance&
a. 6empting ! there is a crime but there is no criminal. Act is not )ustifed
but the actor is not criminall% liable.
Eeneral .ule& $here is civil liabilit%
6ception& "ar 4 ,causing an in)ur% b% mere accident- and "ar P ,lawful
cause-
b. Fustif%ing ! person does not transgress the law, does not commit an%
crime because there is nothing unlawful in the act as well as the intention of
the actor.
@istinction between 6empting and Fustif%ing /ircumstances
6empting
/ircumstance
Fustif%ing /ircumstance
6isten
ce of a
crime
$here is a crime but
there is no criminal,
the actor is eempted
from liabilit% of his act
$here is no crime, the act
is )ustifed
Absolutor% /auses ! are those where the act committed is a crime but for
some reason of public polic% and sentiment, there is no penalt% imposed.
6empting and Fustif%ing /ircumstances are absolutor% causes.
4ther eamples of absolutor% causes&
1- Art A ! spontaneous desistance
2- Art 2D ! accessories eempt from criminal liabilit%
Page | 37
3- Art 1M par 1 ! profting oneBs self or assisting o(enders to proft b% the
e(ects of the crime
'nstigation v. 6ntrapment
'#0$'EA$'4# 6#$.A"M6#$
'nstigator practicall% induces
the would<be accused into
the commission of the
o(ense and himself becomes
co<principal
$he wa%s and means are
resorted to for the purpose of
trapping and capturing the
lawbreaker in the eecution
of his criminal plan.
Accused will be ac*uitted #4$ a bar to accusedBs
prosecution and conviction
Absolutor% cause #4$ an absolutor% cause
%*T*G(T*NG C*,C0%)T(NCE)
@efnition ! $hose circumstance which reduce the penalt% of a crime
6(ect ! .educes the penalt% of the crime but does not erase criminal
liabilit% nor change the nature of the crime
Iinds of Mitigating Circumstance:
"rivileged Mitigating 4rdinar% Mitigating
4(set b%
an%
aggravati
ng
circumsta
nce
/annot be o(set b% an%
aggravating
circumstance
/an be o(set b% a
generic aggravating
circumstance
6(ect on
the
penalt%
;as the e(ect of
imposing the penalt% b%
1 or 2 degrees ,lower=-
than that provided b%
law
'f not o(set, has the
e(ect of imposing the
penalt% in the
minimum period
Iinds Minorit%, 'ncomplete
0elf<defense, two or
more mitigating
circumstances without
an% aggravating
circumstance ,has the
e(ect of lowering the
penalt% b% one degree-
$hose circumstances
enumerated in
paragraph 1 to 1D of
Article 13
(rticle 372
32 Those mentione" in the prece"ing chapter/ when all the re#$isites
necessar! to :$stif! the act or to e&empt from criminal liailit! in the
respective cases are not atten"ant
5$stif!ing circ$mstances
a. !elf+defense1defense of relative1defense of stranger ! unlawful
aggression must be present for Art 13 to be applicable. 4ther 2 elements
Page | 38
not necessar%. 'f 2 re*uisites are present ! considered a privileged
mitigating circumstance.
Exaple+ Fuan makes fun of "edro. "edro gets pissed o(, gets a knife and
tries to stab Fuan. Fuan grabs his own knife and kills "edro. 'ncomplete
self<defense because although there was unlawful aggression and
reasonable means to repel was taken, there was su3cient provocation on
the part of Fuan. +ut since 2 elements are present, it considered as
privileged mitigating.
b. !tate of *ecessit& ,par 4- avoidance of greater evil or in)ur%7 if an% of
the last 2 re*uisites is absent, thereBs onl% an ordinar% Mitigating
/ircumstance.
Exaple& 5hile driving his car, Fuan sees "edro carelessl% crossing the
street. Fuan swerves to avoid him, thus hitting a motorbike with 2
passengers, killing them instantl%. #ot all re*uisites to )ustif% act were
present because harm done to avoid in)ur% is greater. /onsidered as
mitigating.
c. erformance of /ut& ,par 9-
Exaple& Fuan is supposed to arrest "edro. ;e thus goes to "edroBs
hideout. Fuan sees a man asleep. $hinking it was "edro, Fuan shot him.
Fuan ma% have acted in the performance of his dut% but the crime was
not a necessar% conse*uence thereof. /onsidered as mitigating.
E&empting circ$mstance
a. ,inorit& over 2 and under 34 ! if minor acted with discernment,
considered mitigating
Exaple& 13 %ear old stole goods at nighttime. Acted with discernment
as shown b% the manner in which the act was committed.

b. Causing in.ur& b& mere accident ! if 2
nd
re*uisite ,due care- and
1
st
part of 4
th
re*uisite ,without fault ! thus negligence onl%- are A+06#$,
considered as mitigating because the penalt% is lower than that provided
for intentional felon%.
Exaple& "olice o3cer tries to stop a fght between Fuan and "edro b%
fring his gun in the air. +ullet ricocheted and killed "etra. 43cer willfull%
discharged his gun but was unmindful of the fact that area was
populated.

c. 5ncontrollable fear ! onl% one re*uisite present, considered
mitigating
Exaple& Hnder threat that their farm will be burned, "edro and Fuan
took turns guarding it at night. "edro fred in the air when a person in the
shadows refused to reveal his identit%. Fuan was awakened and shot the
unidentifed person. $urned out to be a neighbor looking for is pet. Fuan
ma% have acted under the in2uence of fear but such fear was not
entirel% uncontrollable. /onsidered mitigating.
82 That the ofen"er is $n"er 3C !ears of age or over BF !ears2 *n the
case of a minor/ he shall e procee"e" against in accor"ance with the
provisions of (rt 368 of P. 6F7
Applicable to&
Page | 39
a. 4(ender over M, under 19 who acted with discernment
b. 4(ender over 19, under 1?
3 c. 4(ender over PD %ears
Age of accused which should be determined as his age at the date of
commission of crime, not date of trial
6arious "ges and their 7egal 8fects
a. under M ! eemptive circumstance
b. over M, below 19 ! eemptive7 ecept if acted with discernment
c. minor delin*uent under 1? ! sentence ma% be suspended ,"@ AD3-
d. under 1? ! privileged mitigating circumstance
e. 1? and above ! full criminal responsibilit%
f. PD and above ! mitigating circumstance7 no imposition of death penalt%7
eecution g. of death sentence if alread% imposed is suspended and
commuted.
72 That the ofen"er ha" no intention to commit so grave a wrong as
that committe" (praeter intentionam)
4
/an be used onl% when the facts prove to show that there is a notable and
evident disproportion between eans eployed to execute the criinal act
and its consequences
'ntention& as an internal act, is )udged b% the proportion of the means
emplo%ed to the evil produced b% the act, and also b% the fact that the blow
was or was not aimed at a vital part of the bod%.
Fudge b% considering ,1- the weapon used, ,2- the in)ur% in2icted and ,3-
the attitude of mind when the accuser attacked the other.
Exaple& "edro stabbed $omas on the arm. $omas did not have the wound
treated, so he died from loss of blood.
#ot applicable when o(ender emplo%ed brute force
Exaple& .apist choked victim. +rute force of choking contradicts claim
that he had no intention to kill the girl.
Art 13, par 3 addresses itself to the intention of the o(ender at the
particular moment when he eecutes or commits the criminal act, not to his
intention during the planning stage.
'n crimes against persons ! if victim does not die, the absence of the intent
to kill reduces the felon% to mere ph%sical in)uries. 't is not considered as
mitigating. Mitigating onl% when the victim dies.
Exaple& As part of fun<making, Fuan merel% intended to burn "edroBs
clothes. "edro received minor burns. Fuan is charged with ph%sical in)uries.
;ad "edro died, Fuan would be entitled to the mitigating circumstance.
#ot applicable to felonies b% negligence. 5h%= 'n felonies through
negligence, the o(ender acts without intent. $he intent in intentional
felonies is replaced b% negligence, imprudence, lack of foresight or lack of
skill in culpable felonies. $here is no intent on the part of the o(ender which
ma% be considered as diminished.
+asis of par 3& intent, an element of voluntariness in intentional felon%, is
diminished
<2 That the s$=cient provocation or threat on the part of the
ofen"e" part! imme"iatel! prece"e" the act2
Page | 40
"rovocation ! an% un)ust or improper conduct or act of the o(ended part%,
capable of eciting, inciting or irritating an%one.
+asis& diminution of intelligence and intent
.e*uisites&
a. "rovocation must be su3cient.
1. 0u3cient ! ade*uate enough to ecite a person to commit the wrong
and must accordingl% be proportionate to its gravit%.
2. 0u3cienc% depends on&
the act constituting the provocation
the social standing of the person provoked
time and place provocation took place
3. Exaple& Fuan likes to hit and curse his servant. ;is servant thus killed
him. $hereBs mitigating circumstance because of su3cient
provocation.
4. 5hen it was the defendant who sought the deceased, the challenge
to fght b% the deceased is #4$ su3cient provocation.
b. 't must originate from the o(ended part%
1. 5h%= 1aw sa%s the provocation is Non the part of the o(ended part%:
2. 6ample& $omasB mother insulted "etra. "etra kills $omas because of
the insults. #o Mitigating /ircumstance because it was the mother who
insulted her, not $omas.
3. "rovocation b% the deceased in the frst stage of the fght is not
Mitigating
/ircumstance when the accused killed him after he had 2ed because
the deceased from the moment he 2ed did not give an% provocation for
the accused to pursue and attack him.
c. "rovocation must be immediate to the act., i.e., to the commission of
the crime b% the person who is provoked
1. 5h%= 'f there was an interval of time, the conduct of the
o(ended part% could not have ecited the accused to the commission
of the crime, he having had time to regain his reason and to eercise
self<control.
2. $hreat should not be o(ensive and positivel% strong
because if it was, the threat to in2ict real in)ur% is an unlawful
aggression which ma% give rise to self<defense and thus no longer a
Mitigating /ircumstance
>2 That the act was committe" in the imme"iate vin"ication of a
grave ofense to the one committing the felon! ("elito)/ his spo$se/
ascen"ants/ "escen"ants/ legitimate/ nat$ral or a"opte" rother or
sisters/ or relatives ! a=nit! within the same "egree2
1. .e*uisites&
thereBs a grave o(ense done to the one committing the felon%
etc.
that the felon% is committed in vindication of such grave o(ense.
2. 1apse of time is allowed between the vindication and the one doing
the o(ense ,proimate time, not )ust immediatel% after-
3. Exaple& Fuan caught his wife and his friend in a compromising
situation. Fuan kills his friend the net da% ! still considered proimate.
".4Q4/A$'4# Q'#@'/A$'4#
Page | 41
Made directl% onl% to the
person committing the felon%
Erave o(ense ma% be also
against the o(enderBs
relatives mentioned b% law
/ause that brought about the
provocation need not be a
grave o(ense
4(ended part% must have
done a grave o(ense to the
o(ender or his relatives
#ecessar% that provocation
or threat immediatel%
preceded the act. #o time
interval
Ma% be proimate. $ime
interval allowed
More lenient in vindication because o(ense concerns the honor of the
person. 0uch is more worth% of consideration than mere spite against the
one giving the provocation or threat.
Qindication of a grave o(ense and passion and obfuscation canBt be
counted separatel% and independentl%
A2 That of having acte" $pon an imp$lse so powerf$l as nat$rall! to
have pro"$ce" passion or of$scation
"assion and obfuscation is mitigating& when there are causes naturall%
producing in a person powerful ecitement, he loses his reason and self<
control. $hereb% dismissing the eercise of his will power.
"A00'4# A#@ 4+>H0/A$'4# are Mitigating /ircumstances onl% when the
same arise from lawful sentiments ,not Mitigating /ircumstance when done
in the spirit of revenge or lawlessness-
.e*uisites for "assion S 4bfuscation
a. $he o(ender acted on impulse powerful enough to produce passion or
obfuscation
b. $hat the act was committed not in the spirit of lawlessness or revenge
c. $he act must come from lawful sentiments
Act which gave rise to passion and obfuscation
a. $hat there be an act, both unlawful and un)ust
b. $he act be su3cient to produce a condition of mind
c. $hat the act was proimate to the criminal act
d. $he victim must be the one who caused the passion or obfuscation
6ample& Fuan saw $omas hitting his ,Fuan- son. Fuan stabbed $omas. Fuan is
entitled to Mitigating /ircumstance of "S4 as his actuation arose from a
natural instinct that impels a father to rush to the rescue of his son.
$he eercise of a right or a fulfllment of a dut% is not the proper source of
"S4.
Exaple& A policeman arrested Fuan as he was making a public disturbance
on the streets. FuanBs anger and indignation resulting from the arrest canBt
be considered passionate obfuscation because the policeman was doing a
lawful act.
$he act must be su3cient to produce a condition of mind. 'f the cause of
the loss of self<control was trivial and slight, the obfuscation is not
mitigating.
Exaple& FuanBs boss punched him for not going to work he other da%.
/ause is slight.
$here could have been no Mitigating /ircumstance of "S4 when more than
24 hours elapsed between the alleged insult and the commission of the
Page | 42
felon%, or several hours have passed between the cause of the "S4 and the
commission of the crime, or at least T hours intervened between the
previous fght and subse*uent killing of deceased b% accused.
#ot mitigating if relationship is illegitimate
$he passion or obfuscation will be considered even if it is based onl% on the
honest belief of the o(ender, even if facts turn out to prove that his beliefs
were wrong.
"assion and obfuscation cannot co<eist with treacher% since the means
that the o(ender has had time to ponder his course of action.
"A00'4# A#@ 4+>H0/A$'4# arising from one and the same cause should
be treated as onl% one mitigating circumstance
Qindication of grave o(ense canBt co<eist wG "A00'4# A#@ 4+>H0/A$'4#
"A00'4# A#@ 4+>H0/A$'4# '..60'$'+16 >4./6
Mitigating 6empting
#o ph%sical force needed .e*uires ph%sical force
>rom the o(ender himself Must come from a 3rd person
Must come from lawful
sentiments
Hnlawful
"A00'4# A#@ 4+>H0/A$'4# ".4Q4/A$'4#
"roduced b% an impulse
which ma% be caused b%
provocation
/omes from in)ured part%
4(ense, which engenders
perturbation of mind, need
not be immediate. 't is onl%
re*uired that the in2uence
thereof lasts until the crime is
committed
Must immediatel% precede
the commission of the crime
6(ect is loss of reason and
self<control on the part of the
o(ender
0ame
B2 That the ofen"er ha" vol$ntaril! s$rren"ere" himself to a person
in a$thorit! or his agents/ or that he ha" vol$ntaril! confesse" his
g$ilt efore the co$rt prior to the presentation of the evi"ence for
the prosec$tion2
2 Mitigating /ircumstances present&
a- voluntaril% surrendered
b- voluntaril% confessed his guilt
'f both are present, considered as 2 independent mitigating circumstances.
Mitigate penalt% to a greater etent
.e*uisites of voluntar% surrender&
a- o(ender not actuall% arrested
b- o(ender surrendered to a person in authorit% or the latterBs agent
c- surrender was voluntar%
0urrender must be spontaneous ! shows his interest to surrender
unconditionall% to the authorities
Page | 43
0pontaneous ! emphasi8es the idea of inner impulse, acting without
eternal stimulus. $he conduct of the accused, not his intention alone, after
the commission of the o(ense, determines the spontaneit% of the surrender.
Exaple& 0urrendered after 9 %ears, not spontaneous an%more.
Exaple& 0urrendered after talking to town councilor. #ot Q.0. because
thereBs an eternal stimulus
/onduct must indicate a desire to own the responsibilit%
#ot mitigating when warrant alread% served. 0urrender ma% be considered
mitigating if warrant not served or returned unserved because accused
canBt be located.
0urrender of person re*uired. #ot )ust of weapon.
"erson in authorit% ! one directl% vested with )urisdiction, whether as an
individual or as a member of some
courtGgovernmentGcorporationGboardGcommission. +arrio captainGchairman
included.
Agent of person in authorit% ! person who b% direct provision of law, or be
election, or b% appointment b% competent authorit% is charged with the
maintenance of public order and the protection and securit% of life and
propert% and an% person who comes to the aid of persons in authorit%.
."/ does not make distinction among the various moments when surrender
ma% occur.
0urrender must be b% reason of the commission of the crime for which
defendant is charged
.e*uisites for plea of guilt%
a- o(ender spontaneousl% confessed his guilt
b- confession of guilt was made in open court ,competent court-
c- confession of guilt was made prior to the presentation of evidence for the
prosecution
plea made after arraignment and after trial has begun does not entitle
accused to have plea considered as Mitigating /ircumstance
plea in the .$/ in a case appealed from the M$/ is not mitigating < must
make plea at the frst opportunit%
plea during the preliminar% investigation is no plea at all
even if during arraignment, accused pleaded not guilt%, he is entitled to
Mitigating /ircumstance as long as withdraws his plea of not guilt% to the
charge before the fscal could present his evidence
plea to a lesser charge is not Mitigating /ircumstance because to be
voluntar% plea of guilt%, must be to the o(ense charged
plea to the o(ense charged in the amended info, lesser than that charged
in the original info, is Mitigating /ircumstance
present .ules of /ourt re*uire that even if accused pleaded guilt% to a
capital o(ense, its mandator% for court to re*uire the prosecution to prove
the guilt of the accused being likewise entitled to present evidence to
prove, inter alia, Mitigating /ircumstance
C2 That the ofen"er is "eaf an" "$m/ lin" or otherwise s$fering
from some ph!sical "efect wIc th$s restricts his means of action/
"efense or comm$nication wI his fellow eings2
Page | 44
+asis& one su(ering from ph%sical defect which restricts him does not have
complete freedom of action and therefore, there is diminution of that
element of voluntariness.
#o distinction between educated and uneducated deaf<mute or blind
persons
$he ph%sical defect of the o(ender should restrict his means of action,
defense or communication with fellow beings, this has been etended to
cover cripples, armless people even stutterers.
$he circumstance assumes that with their ph%sical defect, the o(enders do
not have a complete freedom of action therefore diminishing the element of
voluntariness in the commission of a crime.
62 )$ch illness of the ofen"er as wo$l" "iminish the e&ercise of the
willEpower of the ofen"er wIo "epriving him of conscio$sness of his
acts2
+asis& diminution of intelligence and intent
.e*uisites&
a- illness of the o(ender must diminish the eercise of his will<power
b- such illness should not deprive the o(ender of consciousness of his acts
when the o(ender completel% lost the eercise of will<power, it ma% be an
eempting circumstance
deceased mind, not amounting to insanit%, ma% give place to mitigation
3F2 (n" an! other circ$mstance of a similar nat$re an" analogo$s to
those aoveEmentione"
6amples of Nan% other circumstance:&
a- defendant who is AD %ears old with failing e%esight is similar to a case of
one over PD %ears old
b- outraged feeling of owner of animal taken for ransom is analogous to
vindication of grave o(ense
c- impulse of )ealous feeling, similar to "A00'4# A#@ 4+>H0/A$'4#
d- voluntar% restitution of propert%, similar to voluntar% surrender
e- etreme povert%, similar to incomplete )ustifcation based on state of
necessit%
#4$ analogous&
a- killing wrong person
b- not resisting arrest not the same as voluntar% surrender
c- running amuck is not mitigating
M'$'EA$'#E /'./HM0$A#/6 which arise from&
a- moral attributes of the o(ender
Exaple& Fuan and $omas killed "edro. Fuan acted wG "A00'4# A#@
4+>H0/A$'4#. 4nl% Fuan will be entitled to Mitigating /ircumstance
b- private relations with the o(ended part%
Exaple& Fuan stole his brotherBs watch. Fuan sold it to "edro, who knew
it was stolen. $he circumstance of relation arose from private relation of
Fuan and the brother. @oes not mitigate "edro.
c- other personal cause
Exaple& Minor, acting with discernment robbed Fuan. "edro, passing b%,
helped the minor. /ircumstance of minorit%, mitigates liabilit% of minor
onl%.
Page | 45
0hall serve to mitigate the liabilit% of the principals, accomplices and
accessories to whom the circumstances are attendant.
/ircumstances which are neither eempting nor mitigating
a- mistake in the blow
b- mistake in the identit% of the victim
c- entrapment of the accused
d- accused is over 1? %ears old
e- performance of a righteous action
Exaple& Fuan saved the lives of MM people but caused the death of the last
person, he is still criminall% liable
(GG,(H(T*NG C*,C0%)T(NCE)
@efnition ! $hose circumstance which raise the penalt% for a crime without
eceeding the maimum applicable to that crime.
+asis& $he greater perversit% of the o(ense as shown b%&
a- the motivating power behind the act
b- the place where the act was committed
c- the means and wa%s used
d- the time
e- the personal circumstance of the o(ender
f- the personal circumstance of the victim
Iinds&
a- Eeneric ! generall% applicable to all crimes
b- 0pecifc ! appl% onl% to specifc crimes ,ignomin% ! for chastit% crimes7
treacher% ! for persons crimes-
c- Rualif%ing ! those that change the nature of the crime ,evident
premeditation ! becomes murder-
d- 'nherent ! necessaril% accompanies the commission of the crime ,evident
premeditation in theft, estafa-
RHA1'>K'#E AEE.AQA$'#E
/'./HM0$A#/6
E6#6.'/ AEE.AQA$'#E
/'./HM0$A#/6
Eives the proper and
eclusive name, places the
author thereof in such a
situation as to deserve no
other penalt% than that
specifcall% prescribed b% law
'ncrease penalt% to the
maimum, without eceeding
limit prescribed b% law
/anBt be o(set b% Mitigating
/ircumstance
Ma% be compensated b%
Mitigating /ircumstance
Must be alleged in the
information. 'ntegral part of
the o(ense
#eed not be alleged. Ma% be
proved over the ob)ection of
the defense. Rualif%ing if not
alleged will make it generic
Aggravating /ircumstances which @4 #4$ have the e(ect of increasing the
penalt%&
1- which themselves constitute a crime specifcall% punishable b% law or
which are included in the law defning a crime and prescribing the
penalt% thereof
Exaple& breaking a window to get inside the house and rob it
Page | 46
2- aggravating circumstance inherent in the crime to such degree that it
must of necessit% accompan% the commission thereof
Exaple& evident premeditation inherent in theft, robber%, estafa,
adulter% and concubinage
Aggravating circumstances are not presumed. Must be proved as full% as
the crime itself in order to increase the penalt%.
(rt 3<2 (ggravating circ$mstances2 J The following are aggravating
circ$mstances:
32 That a"vantage e ta4en ! the ofen"er of his p$lic position
.e*uisite&
a. $he o(ender is a public o3cer
b. $he commission of the crime would not have been possible without the
powers, resources and in2uence of the o3ce he holds.
6ssential < "ublic o3cer used the in2uence, prestige or ascendanc% which
his o3ce gives him as the means b% which he reali8ed his purpose.
>ailure in o3cial is tantamount to abusing of o3ce
5earing of uniform is immaterial ! what matters is the proof that he indeed
took advantage of his position
82 That the crime e committe" in contempt of or with ins$lt to the
p$lic a$thorities
.e*uisites&
a. $he o(ender knows that a public authorit% is present
b. $he public authorit% is engaged in the eercise of his functions
c. $he public authorit% is not the victim of the crime
d. $he public authorit%Bs presence did not prevent the criminal act
Exaple& Fuan and "edro are *uarrelling and the municipal ma%or, upon
passing b%, attempts to stop them. #otwithstanding the intervention and
the presence of the ma%or, Fuan and "edro continue to *uarrel until Fuan
succeeds in killing "edro.
"erson in authorit% ! public authorit% who is directl% vested with )urisdiction,
has the power to govern and eecute the laws
6amples of "ersons in Authorit%
a. Eovernor
b. Ma%or
c. +aranga% captain
d. /ouncilors
e. Eovernment agents
f. /hief of "olice
.ule not applicable when committed in the presence of a mere agent.
Agent ! subordinate public o3cer charged with the maintenance of public
order and protection and securit% of life and propert%
Exaple& barrio vice lieutenant, barrio councilman
72 That the act e committe":
(3) with ins$lt or in "isregar" of the respect "$e to the ofen"e"
part! on acco$nt of his (a) ran4/ () age/ (c) se& or
(8) that it e committe" in the "welling of the ofen"e" part!/ if the
latter has not given provocation2
Page | 47
circumstances ,rank, age, se- ma% be taken into account only in cries
against persons or honor, it cannot be invoked in crimes against propert%
.ank ! refers to a high social position or standing b% which to determine
oneBs pa% and emoluments in an% scale of comparison within a position
Age ! the circumstance of lack of respect due to age applies in case where
the victim is of tender age as well as of old age
0e ! refers to the female se, not to the male se7 not applicable when
a. $he o(ender acted wG "A00'4# A#@ 4+>H0/A$'4#
b. there eists a relation between the o(ender and the victim ,but in cases
of divorce decrees where there is a direct bearing on their child, it is
applicable-
c. the condition of being a woman is indispensable in the commission of the
crime ,6. "arricide, rape, abduction-
.e*uisite of disregard to rank, age, or se
a. /rimes must be against the victimBs person or his honor
b. $here is deliberate intent to o(end or insult the respect due to the
victimBs rank, age, or se
@isregard to rank, age, or se is absorbed b% treacher% or abuse of strength
@welling ! must be a building or structure eclusivel% used for rest and
comfort ,combination house and store not included-
a. ma% be temporar% as in the case of guests in a house or bedspacers
b. basis for this is the sanctit% of privac% the law accords to human abode
dwelling includes dependencies, the foot of the staircase and the enclosure
under the house
6lements of the aggravating circumstance of dwelling
a. /rime occurred in the dwelling of the
victim
b. #o provocation on the part of the
victim
.e*uisites for "rovocation& A11 MH0$ /4#/H.
a. given b% the owner of the dwelling
b. su3cient
c. immediate to the commission of the crime
5hen dwelling ma% and ma% not be considered
5hen it ma% be considered 5hen it ma% not be
considered
although the o(ender fred
the shot from outside the
house, as long as his victim
was inside
even if the killing took place
outside the dwelling, so long
as the commission began
inside the dwelling
when adulter% is committed
in the dwelling of the
husband, even if it is also the
dwelling of the wife, it is still
aggravating because she and
'f the o(ended part% has
given provocation
'f both the o(ender and
the o(ended part% are
occupants of the same
dwelling
'n robber% with force
upon things, it is
inherent
Page | 48
her paramour committed a
grave o(ense to the head of
the house
'n robber% with violence
against persons, robber% with
homicide, abduction, or
illegal detention
<2 That the act e committe" with (3) a$se of con?"ence or (8)
ovio$s $ngratef$lness
.e*uisites of Abuse of
/onfdence
.e*uisite of 4bvious
Hngratefulness
a- 4(ended part% has
trusted the o(ender
b- 4(ender abused such
trust
c- Abuse of confdence
facilitated the
commission of the crime
a- ungratefulness must be
obvious, that is, there must
be something which the
o(ender should owe the
victim a debt of gratitude for
#ote& robber% or theft
committed b% a visitor in the
house of the o(ended part% is
aggravated b% obvious
ungratefulness
Exaple& A )ealous lover, alread% determined to kill his sweetheart, invited
her for a ride and during that ride, he stabbed her
Abuse of confdence is inherent in&
a. malversation
b. *ualifed theft
c. estafa b% conversion
d. misappropriation
e. *ualifed seduction
>2 That the crime e committe" in the palace of the Chief E&ec$tive/
or in his presence/ or when p$lic a$thorities are engage" in the
"ischarge of their "$ties/ or in a place "e"icate" to religio$s worship2
.e*uirements of the aggravating circumstance of public o3ce&
a. $he crime occurred in the public o3ce
b. "ublic authorities are actuall% performing their public duties
A polling precinct is a public o3ce during election da%
#ature of public o3ce should be taken into account, like a police station
which is on dut% 24 hrs. a da%
place of the commission of the felon% ,par 9-& if it is MalacaUang palace or a
church is aggravating, regardless of whether 0tate or o3cial7 functions are
being held.
as regards other places where public authorities are engaged in the
discharge of their duties, there must be some performance of public
functions
the o(ender must have intention to commit a crime when he entered the
place
.e*uisites for aggravating circumstances for place of worship&
Page | 49
a. $he crime occurred in a place dedicated to the worship of Eod regardless
of religion
b. 4(ender must have decided to commit the crime when he entered the
place of worship
5hen "aragraph 2 and 9 of Article 14 are applicable
/ommitted in the presence of
the /hief 6ecutive, in the
"residential "alace or a place
of worship,"ar. 9, Art. 14-
/ommitted in contempt of
"ublic Authorit%
,"ar. 2, Art 14-
"ublic authorities are
performing of their duties
when the crime is committed
0ame
5hen crime is committed in
the public o3ce, the o3cer
must be performing his
duties, ecept in the
"residential "alace
4utside the o3ce ,still
performing dut%-
"ublic authorit% ma% be the
o(ended part%
"ublic authorit% is not be the
o(ended part%

Aa2 That the crime e committe" (3) in the nighttime/ or (8) in an
$ninhaite" place (7) ! a an"/ whenever s$ch circ$mstances ma!
facilitate the commission of the ofense2
#ighttime, Hninhabited "lace or +% a +ang Aggravating when&
a. it facilitated the commission of the crime
b. especiall% sought for b% the o(ender to insure the commission of the
crime or for the purpose of impunit%
'mpunit% ! means to prevent the accusedBs being recogni8ed or to
secure himself against detection or punishment
c. when the o(ender took the advantage thereof for the purpose of
impunit%
d. commission of the crime must have began and accomplished at
nighttime
#ighttime begins at the end of dusk and ending at dawn7 from sunset to
sunrise
a. commission of the crime must begin and be accomplished in the
nighttime
b. when the place of the crime is illuminated b% light, nighttime is not
aggravating
c. absorbed b% $reacher%
Hninhabited "lace ! one where there are no houses at all, a place at a
considerable distance from town, where the houses are scattered at a great
distance from each other
.e*uisites&
a. $he place facilitated the commission or omission of the crime
b. @eliberatel% sought and not incidental to the commission or omission
of the crime
c. $aken advantage of for the purpose of impunit%
what should be considered here is whether in the place of the commission
of the o(ense, there was a reasonable possibilit% of the victim receiving
some help
Page | 50
A2 E -henever more than 7 arme" malefactors shall have acte"
together in the commission of an ofense/ it shall e "eeme" to have
een committe" ! a an"2
.e*uisites&
a. >acilitated the commission of the crime
b. @eliberatel% sought
c. $aken advantage of for the purposes of impunit%
d. $here must be four or more armed men
if one of the four<armed malefactors is a principal b% inducement, the% do
not form a band because it is undoubtedl% connoted that he had no direct
participation,
+and is inherent in robber% committed in band and brigandage
't is not considered in the crime of rape
't has been applied in treason and in robber% with homicide
B2 That the crime e committe" on the occasion of a conKagration/
shipwrec4/ earth#$a4e/ epi"emic or other calamit! or misfort$ne
.e*uisites&
a. /ommitted when there is a calamit% or misfortune
1. /on2agration
2. 0hipwreck
3. 6pidemic
b. 4(ender took advantage of the state of confusion or chaotic condition
from such misfortune
+asis& /ommission of the crime adds to the su(ering b% taking advantage
of the misfortune.
based on time
o(ender must take advantage of the calamit% or misfortune
@istinction between "aragraphs P and 12 of Article 14
/ommitted during a calamit% or
misfortune
/ommitted with the use of
wasteful means
/rime is committed @H.'#E an%
of the calamities
/rime is committed +K using
fre, inundation, eplosion or
other wasteful means
C2 That the crime e committe" with the ai" of (3) arme" men or (8)
persons who ins$re or afor" imp$nit!
based on the means and wa%s
.e*uisites&
a. that armed men or persons took part in the commission of the crime,
directl% or indirectl%
b. that the accused availed himself of their aid or relied upon them when
the crime was committed
6ceptions&
a. when both the attacking part% and the part% attacked were e*uall%
armed
Page | 51
b. not present when the accused as well as those who cooperated with him
in the commission of the crime acted under the same plan and for the
same purpose.
c. /asual presence, or when the o(ender did not avail himself of an% of
their aid nor did not knowingl% count upon their assistance in the
commission of the crime
5'$; $;6 A'@ 4> A.M6@
M6#
+K A +A#@
"resent even if one of the
o(enders merel% relied on
their aid. Actual aid is not
necessar%
.e*uires more than 3 armed
malefactors who all acted
together in the commission
of an o(ense
if there are more than 3 armed men, aid of armed men is absorbed in the
emplo%ment of a band.
62 That the acc$se" is a reci"ivist
.ecidivist ! one who at the time of his trial for one crime, shall have been
previousl% convicted b% fnal )udgment of another crime embraced in the
same title of the ."/
+asis& Ereater perversit% of the o(ender as shown b% his inclination to
commit crimes
.e*uisites&
a. o(ender is on trial for an o(ense
b. he was previousl% convicted b% fnal )udgment of another crime
c. that both the frst and the second o(enses are embraced in the same
title of the ."/
d. the o(ender is convicted of the new o(ense
5hat is controlling is the time of the trial, not the time of the commission of
the o(ense. At the time of the trial means from the arraignment until after
sentence is announced b% the )udge in open court.
5hen does )udgment become fnal= ,.ules of /ourt-
a. after the lapse of a period for perfecting an appeal
b. when the sentence has been partiall% or totall% satisfed or served
c. defendant has epressl% waived in writing his right to appeal
d. the accused has applied for probation
6ample of /rimes embraced in the 0ame title of the ."/
a. robber% and theft ! title 1D
b. homicide and ph%sical in)uries ! title ?
R& $he accused was prosecuted and tried for theft, robber% and estafa.
Fudgments were read on the same da%. 's he a recidivist=
A& #o. +ecause the )udgment in an% of the frst two o(enses was not %et
fnal when he was tried for the third o(ense
.ecidivism must be taken into account no matter how man% %ears have
intervened between the frst and second felonies
"ardon does not obliterate the fact that the accused was a recidivist, but
amnest% etinguishes the penalt% and its e(ects
$o prove recidivism, it must be alleged in the information and with attached
certifed copies of the sentences rendered against the accused
6ceptions& if the accused does not ob)ect and when he admits in his
confession and on the witness stand
Page | 52
3F2 That the ofen"er has een previo$sl! p$nishe" for an ofense to
which the law attaches an e#$al or greater penalt! or for two or
more crimes to which it attaches a lighter penalt!
.eiteracion or ;abitualit% ! it is essential that the o(ender be previousl%
punished7 that is, he has served sentence.
"ar. 1D speaks of penalt% attached to the o(ense, not the penalt% actuall%
imposed
.6'$6.A/'4# .6/'@'Q'0M
#ecessar% that o(ender shall
have served out his sentence
for the frst sentence
6nough that fnal )udgment
has been rendered in the
frst o(ense
"revious and subse*uent
o(enses must not be
embraced in the same title of
the /ode
0ame title
#ot alwa%s an aggravating
circumstance
Alwa%s aggravating
4 >orms of .epetition
a. .ecidivism ! generic
b. .eiteracion or ;abitualit% ! generic
c. Multiple recidivism or ;abitual delin*uenc% ! etraordinar% aggravating
d. Ruasi<.ecidivism ! special aggravating
;abitual @elin*uenc% ! when a person within a period of 1D %ears from the
date of his release or last conviction of the crimes of serious or less serious
ph%sical in)uries, robber%, theft, estafa or falsifcation is found guilt% of an%
of said crimes a third time or oftener.
Ruasi<.ecidivism ! an% person who shall commit a felon% after having been
convicted b% fnal )udgment, before beginning to serve such sentence, or
while serving the same, shall be punished b% the maimum period of the
penalt% prescribed b% law for the new felon%
332 That the crime e committe" in consi"eration of a price/ rewar"
or promise2
.e*uisites&
a. At least 2 principals
1. $he principal b% inducement
2. $he principal b% direct participation
b. the price, reward, or promise should be previous to and in consideration
of the commission of the criminal act
Applicable to both principals.
382 That the crime e committe" ! means of in$n"ation/ ?re/
poison/ e&plosion/ stran"ing a vessel or intentional "amage thereto/
or "erailment of a locomotive/ or ! $se of an! other arti?ce
involving great waste or r$in2
.e*uisite& $he wasteful means were used b% the o(ender to accomplish a
criminal purpose
Page | 53
372 That the act e committe" with evi"ent preme"itation
6ssence of premeditation& the eecution of the criminal act must be
preceded b% cool thought and re2ection upon the resolution to carr% out the
criminal intent during the space of time su3cient to arrive at a calm
)udgment
.e*uisites&
a. the time when the o(ender determined to commit the crime
b. an act manifestl% indicating that the culprit has clung to his
determination
c. a su3cient lapse of time between the determination and eecution to
allow him to re2ect upon the conse*uences of his act and to allow his
conscience to overcome the resolution of his will
/onspirac% generall% presupposes premeditation
5hen victim is di(erent from that intended, premeditation is not
aggravating. Although it is not necessar% that there is a plan to kill a
particular person for premeditation to eist ,e.g. plan to kill frst 2 persons
one meets, general attack on a villageOfor as long as it was planned-
$he premeditation must be based upon eternal facts, and must be
evident, not merel% suspected indicating deliberate planning
6vident premeditation is inherent in robber%, adulter%, theft, estafa,
falsifcation, and etc.
3<2 That (3) craft/ (8) fra$"/ or (7) "isg$ise e emplo!e"
/raft ! involves intellectual tricker% and cunning on the part of the accused.
't is emplo%ed as a scheme in the eecution of the crime ,e.g. accused
pretended to be members of the constabular%, accused in order to
perpetrate rape, used chocolates containing drugs-
>raud !involves insidious words or machinations used to induce victim to
act in a manner which would enable the o(ender to carr% out his design.
as distinguished from craft which involves acts done in order not to arouse
the suspicion of the victim, fraud involves a direct inducement through
entrapping or beguiling language or machinations
@isguise ! resorting to an% device to conceal identit%. "urpose of concealing
identit% is a must.
@istinction between /raft, >raud, and @isguise
/raft >raud @isguise
'nvolves the use of
intellectual tricker%
and cunning to
arouse suspicion of
the victim
'nvolves the use of
direct inducement
b% insidious words or
machinations
'nvolves the
use of devise to
conceal identit%
.e*uisite& $he o(ender must have actuall% taken advantage of craft, fraud,
or disguise to facilitate the commission of the crime.
'nherent in& estafa and falsifcation
Page | 54
3>2 That (3) a"vantage e ta4en of s$perior strength/ or (8) means
e emplo!e" to wea4en the "efense
$o purposel% use ecessive force out of the proportion to the means of
defense available to the person attacked.
a. 0uperiorit% ma% arise from aggressorBs se, weapon or number as
compared to that of the victim ,e.g. accused attacked an unarmed girl
with a knife7 3 men stabbed to death the female victim-.
b. #o advantage of superior strength when one who attacks is overcome
with passion and obfuscation or when *uarrel arose unepectedl% and
the fatal blow was struck while victim and accused were struggling.
c. Qs. b% a band & circumstance of abuse of superior strength, what is taken
into account is not the number of aggressors nor the fact that the% are
armed but their relative ph%sical might vis<V<vis the o(ended part%
.e*uisite of Means to 5eaken @efense
a. Means were purposel% sought to weaken the defense of the victim to
resist the assault
b. $he means used must not totall% eliminate possible defense of the
victim, otherwise it will fall under treacher%
$o weaken the defense ! illustrated in the case where one struggling with
another suddenl% throws a cloak over the head of his opponent and while in
the said situation, he wounds or kills him. 4ther means of weakening the
defense would be intoication or disabling thru the senses ,casting dirt of
sand upon anotherBs e%es-
3A2 That the act e committe" with treacher! (alevosia)
$.6A/;6.K& when the o(ender commits an% of the crime against the
person, emplo%ing means, methods or forms in the eecution thereof which
tend directl% and speciall% to insure its eecution without risk to himself
arising from the defense which the o(ended part% might make.
.e*uisites&
a. that at the time of the attack, the victim was not in the position to
defend himself
b. that the o(ender consciousl% adopted the particular means, method or
form of attack emplo%ed b% him
$reacher% ! canBt be considered when there is no evidence that the
accused, prior to the moment of the killing, resolved to commit to crime, or
there is no proof that the death of the victim was the result of meditation,
calculation or re2ection.
a. does not eist if the accused gave the deceased chance to prepare or
there was warning given or that it was preceded b% a heated argument
b. there is alwa%s treacher% in the killing of child
c. generall% characteri8ed b% the deliberate and sudden and unepected
attack of the victim from behind, without an% warning and without giving
the victim an opportunit% to defend himself
6amples& victim asleep, half<awake or )ust awakened, victim grappling or
being held, stacks from behind
+ut treacher% ma% eist even if attack is face<to<face ! as long as victim
was not given an% chance to prepare defense
$.6A/;6.K A+H06 4> M6A#0 6M"14K6@
Page | 55
0H"6.'4.
0$.6#E$;
$4 56AI6#
@6>6#06
Means, methods or
forms are
emplo%ed b% the
o(ender to make it
impossible or hard
for the o(ended
part% to put an%
sort of resistance
4(ender does not
emplo% means,
methods or forms
of attack, he onl%
takes advantage of
his superior
strength
Means are
emplo%ed but it
onl% materiall%
weakens the
resisting power of
the o(ended part%
5here there is conspirac%, treacher% is considered against all the o(enders
$reacher% absorbs abuse of strength, aid of armed men, b% a band and
means to weaken the defense
3B2 That the means e emplo!e" or circ$mstances ro$ght ao$t
which a"" ignomin! to the nat$ral efects of the acts
'E#4M'#K ! is a circumstance pertaining to the moral order, which adds
disgrace and oblo*u% to the material in)ur% caused b% the crime
Applicable to crimes against chastit% ,rape included-, less serious ph%sical
in)uries, light or grave coercion and murder
.e*uisites&
a. /rime must be against chastit%, less serious ph%sical in)uries, light or
grave coercion, and murder
b. $he circumstance made the crime more humiliating and shameful for the
victim
6amples& accused embraced and kissed the o(ended part% not out of lust
but out of anger in front of man% people, raped in front of the husband,
raped successivel% b% fve men
tend to make the e(ects of the crime more humiliating
'gnomin% not present where the victim was alread% dead when such acts
were committed against his bod% or person
3C2 That the crime e committe" after an $nlawf$l entr!
Hnlawful entr% ! when an entrance is e(ected b% a wa% not intended for the
purpose. Meant to e(ect entrance and #4$ eit.
5h% aggravating= 4ne who acts, not respecting the walls erected b% men
to guard their propert% and provide for their personal safet%, shows greater
perversit%, a greater audacit% and hence the law punishes him with more
severit%
6ample& .apist gains entrance thru the window
'nherent in& $respass to dwelling, robber% with force upon things, and
robber% with violence or intimidation against persons.
362 That as a means to the commission of the crime/ a wall/ roof/ "oor
or win"ow e ro4en
.e*uisites&
a. A wall, roof, window, or door was broken
Page | 56
b. $he% were broken to e(ect entrance
Applicable onl% if such acts were done b% the o(ender to e(ect entrance.
+reaking is lawful in the following instances&
a. an o3cer in order to make an arrest ma% break open a door or window of
an% building in which the person to be arrested is or is reasonabl%
believed to be7
b. an o3cer if refused admittance ma% break open an% door or window to
eecute the search warrant or liberate himself,
8F2 That the crime e committe" (3) with the ai" of persons $n"er 3>
!ears of age/ or (8) ! means of motor vehicles/ airships or other
similar means2
.eason for W1& to repress, so far as possible, the fre*uent practice resorted
to b% professional criminals to avail themselves of minors taking advantage
of their responsibilit% ,remember that minors are given lenienc% when the%
commit a crime-
Exaple& Fuan instructed a 14<%ear old to climb up the fence and open the
gate for him so that he ma% rob the house
.eason for W2& to counteract the great facilities found b% modern criminals
in said means to commit crime and 2ee and abscond once the same is
committed. #ecessar% that the motor vehicle be an important tool to the
consummation of the crime ,bic%cles not included-
Exaple& Fuan and "edro, in committing theft, used a truck to haul the
appliances from the mansion.
832 That the wrong "one in the commission of the crime e
"elieratel! a$gmente" ! ca$sing other wrong not necessar! for its
commission
/.H61$K& when the culprit en)o%s and delights in making his victim su(er
slowl% and graduall%, causing him unnecessar% ph%sical pain in the
consummation of the criminal act. /ruelt% cannot be presumed nor merel%
inferred from the bod% of the deceased. ;as to be proven.
a. mere pluralit% of words do not show cruelt%
b. no cruelt% when the other wrong was done after the victim was dead
.e*uisites&
a. that the in)ur% caused be deliberatel% increased b% causing other wrong
b. that the other wrong be unnecessar% for the eecution of the purpose of
the o(ender
'E#4M'#K /.H61$K
Moral su(ering ! sub)ected to
humiliation
"h%sical su(ering
@inals start here
(rt 3>2 (LTE,N(T*HE C*,C0%)T(NCE)2 Their concept2 J (lternative
circ$mstances are those which m$st e ta4en into consi"eration as
aggravating or mitigating accor"ing to the nat$re an" efects of the
crime an" the other con"itions atten"ing its commission2 The! are
Page | 57
the relationship/ into&ication an" the "egree of instr$ction an"
e"$cation of the ofen"er2
The alternative circ$mstance of relationship shall e ta4en into
consi"eration when the ofen"e" part! in the spo$se/ ascen"ant/
"escen"ant/ legitimate/ nat$ral/ or a"opte" rother or sister/ or
relative ! a=nit! in the same "egrees of the ofen"er2
The into&ication of the ofen"er shall e ta4en into consi"eration
as a mitigating circ$mstances when the ofen"er has committe" a
felon! in a state of into&ication/ if the same is not hait$al or
s$se#$ent to the plan to commit sai" felon! $t when the
into&ication is hait$al or intentional/ it shall e consi"ere" as an
aggravating circ$mstance2
Alternative /ircumstances ! those which must be taken into consideration
as aggravating or mitigating according to the nature and e(ects of the
crime and other conditions attending its commission.
$he% are&
a. relationship ! taken into consideration when o(ended part% is the
spouse, ascendant, descendant, legitimate, natural or adopted brother or
sister, or relative b% a3nit% in the same degree of the o(ender
b. intoication ! mitigating when the o(ender has committed a felon% in the
state of intoication, if the same is not habitual or subse*uent to the plan
to commit the said felon%. Aggravating if habitual or intentional
c. degree of instruction and education of the o(ender
.61A$'4#0;'"
M'$'EA$'#E /'./HM0$A#/6 AEE.AQA$'#E
/'./HM0$A#/6
'n crimes against propert%
,robber%, usurpation,
fraudulent insolvenc%, arson-
'n crimes against persons !
in cases where the o(ender,
or when the o(ender and the
o(ended part% are relatives
of the same level, as killing a
brother, adopted brother or
half<brother.
Alwa%s aggravating in crimes
against chastit%.
6ception& Art 332 of // ! no
criminal liabilit%, civil liabilit%
onl% for the crimes of theft,
swindling or malicious
mischief committed or
caused mutuall% b% spouses,
ascendants, descendants or
relatives b% a3nit% ,also
brothers, sisters, brothers<in<
law or sisters<in<law if living
together-. 't becomes an
6C6M"$'#E circumstance.
.elationship neither mitigating nor aggravating when relationship is an
element of the o(ense.
Page | 58
6ample& parricide, adulter%, concubinage.
'#$4C'/A$'4#
M'$'EA$'#E /'./HM0$A#/6 AEE.AQA$'#E
/'./HM0$A#/6
a- if intoication is not
habitual
b- if intoication is not
subse*uent to the plan to
commit a felon%
a- if intoication is habitual !
such habit must be actual
and confrmed
b- if its intentional
,subse*uent to the plan to
commit a felon%-
Must show that he has taken such *uantit% so as to blur his reason and
deprive him of a certain degree of control
A habitual drunkard is given to inebriet% or the ecessive use of intoicating
drinks.
;abitual drunkenness must be shown to be an actual and confrmed habit
of the o(ender, but not necessaril% of dail% occurrence.
@6E.66 4> '#0$.H/$'4# A#@ 6@H/A$'4#
M'$'EA$'#E /'./HM0$A#/6 AEE.AQA$'#E
/'./HM0$A#/6
1ow degree of instruction
education or the lack of it.
+ecause he does not full%
reali8e the conse*uences of
his criminal act. #ot )ust
mere illiterac% but lack of
intelligence.
;igh degree of instruction
and education ! o(ender
avails himself of his learning
in committing the o(ense.
@etermined b%& the court must consider the circumstance of lack of
instruction
6ceptions ,not mitigating-&
a. crimes against propert%
b. crimes against chastit% ,rape included-
c. crime of treason
(rt 3A -ho are criminall! liale2 J The following are criminall! liale
for grave an" less grave felonies:
32 Principals2
82 (ccomplices2
72 (ccessories2
The following are criminall! liale for light felonies:
32 Principals
82 (ccomplices2
Accessories ! not liable for light felonies because the individual pre)udice is
so small that penal sanction is not necessar%
4nl% natural persons can be criminals as onl% the% can act with malice or
negligence and can be subse*uentl% deprived of libert%. Furidical persons
are liable under special laws.
Page | 59
Manager of a partnership is liable even if there is no evidence of his direct
participation in the crime.
/orporations ma% be the in)ured part%
Eeneral .ule& /orpses and animals have no rights that ma% be in)ured.
6ception& defamation of the dead is punishable when it blackens the
memor% of one who is dead.
"erson refer to natural persons onl%.
(rt 3B2 Principals2 J The following are consi"ere" principals:
32 Those who ta4e a "irect part in the e&ec$tion of the act;
82 Those who "irectl! force or in"$ce others to commit it;
72 Those who cooperate in the commission of the ofense !
another act witho$t which it wo$l" not have een accomplishe"2
Principals ! .irect Participation
.e*uisites for 2 or more to be principals b% direct participation&
a. participated in the criminal resolution ,conspirac%-
b. carried out their plan and personall% took part in its eecution b%
acts which directl% tended to the same end
< have to appear in the scene of the crime and perform overt acts
/onspirac% ! 's unit% of purpose and intention.
6stablishment of /onspirac%
a. proven b% overt act
b. #ot mere knowledge or approval
c. 't is not necessar% that there be formal agreement.
d. Must prove be%ond reasonable doubt
e. /onspirac% is implied when the accused had a
common purpose and were united in eecution.
f. Hnit% of purpose and intention in the commission of
the crime ma% be shown in the following cases&
1. 0pontaneous agreement at the moment of the commission of the
crime
2. Active /ooperation b% all the o(enders in the perpetration of the crime
3. /ontributing b% positive acts to the reali8ation of a common criminal
intent
4. "resence during the commission of the crime b% a band and lending
moral support thereto.
g. 5hile conspirac% ma% be implied from the
circumstances attending the commission of the crime, it is nevertheless
a rule that conspirac% must be established b% positive and conclusive
evidence.
/onspirator not liable for the crimes of the other which is not the ob)ect of
the conspirac% or is not a logical or necessar% conse*uence thereof
Multiple rape ! each rapist is liable for anotherBs crime because each
cooperated in the commission of the rapes perpetrated b% the others
6ception& in the crime of murder with treacher% ! all the o(enders must at
least know that there will be treacher% in eecuting the crime or cooperate
therein.
6ample& Fuan and "edro conspired to kill $omas without the previous plan
of treacher%. 'n the crime scene, Fuan used treacher% in the presence of
"edro and "edro knew such. +oth are liable for murder. +ut if "edro sta%ed
b% the gate while Fuan alone killed $omas with treacher%, so that "edro
Page | 60
didnBt know how it was carried out, Fuan is liable for murder while "edro for
homicide.
#o such thing as conspirac% to commit an o(ense through negligence.
;owever, special laws ma% make one a co<principal. Exaple+ 1nder the
Pure Aood and Erug Act, a storeowner is liable for the act of his emplo%ees
of selling adulterated co(ee, although he didnBt know that co(ee was being
sold.
/onspirac% is negatived b% the ac*uittal of co<defendant.
$hat the culprits Ncarried out the plan and personall% took part in the
eecution, b% acts which directl% tended to the same end:&
a. $he principals b% direct participation
must be at the scene of the crime, personall% taking part, although he
was not present in the scene of the crime, he is e*uall% liable as a
principal b% direct participation.
b. 4ne serving as guard pursuant to the
conspirac% is a principal direct participation.
'f the second element is missing, those who did not participate in the
commission of the acts of eecution cannot be held criminall% liable, unless
the crime agreed to be committed is treason, sedition, or rebellion.
'f the person does not appear at the scene of the crime, there is desistance
thus not liable even there is conspirac%. /onspirac% is not a crime unless
the law said so. $here is no basis for liabilit% since there is no direct
participation.
Principals ! *n"$ction
a. <Those who directly force or induce others to coit it=
b. "rincipal b% induction liable onl% when principal b% direct participation
committed the act induced
c. .e*uisites&
1. inducement be made directl% with the intention of procuring the
commission of the crime
2. such inducement be the determining cause of the commission of the
crime b% the material eecutor
d. >orms of 'nducements
1. +% "rice, reward or promise
1. +% irresistible force or uncontrollable fear
d. 'mprudent advice does not constitute su3cient inducement
e. .e*uisites for words of command to be considered inducement&
1. /ommander has the intention of procuring the commission of the
crime
2. /ommander has ascendanc% or in2uence
3. 5ords used be so direct, so e3cacious, so powerful
4. /ommand be uttered prior to the commission
9. 6ecutor had no personal reason
f. 5ords uttered in the heat of anger and in the nature of the command
that had to be obe%ed do not make one an inductor.
'#@H/$4. ".4"4060 $4 /4MM'$ A >614#K
'nduce others 0ame
1iable onl% when the
crime is eecuted
"unishable at once when
proposes to commit rebellion or
treason. $he person to whom one
Page | 61
proposed should not commit the
crime, otherwise the latter
becomes an inductor
/overs an% crime /overs onl% treason and rebellion
'nducer must have utterances must be if such nature and made in such
manner as to become the determining cause of the crime
'nducer ma% be a principal, accomplice or without liabilit%
Mere careless comment made b% one who does not possess dominance or
moral ascendanc% over the o(ender will not make him a principal b%
inducement. 'f no in2uence, onl% accomplice as law favors a lesser penalt%.
6(ects of Ac*uittal of "rincipal b% direct participation on liabilit% of principal
b% inducement
a. /onspirac% is negated b% the ac*uittal of the co<defendant.
b. 4ne can not be held guilt% of instigating the commission of the crime
without frst showing that the crime has been actuall% committed b%
another. +ut if the one charged as principal b% direct participation be
ac*uitted because he acted without criminal intent or malice, it is not a
ground for the ac*uittal of the principal b% inducement.
< liable even if the% do not appear in the scene of the crime.

Principals ! *n"ispensale Cooperation
a. NThose who cooperate in the coission of the ofense by another act
without which it would not have been accoplished=
b. .e*uisites&
1. "articipation in the criminal resolution
2. /ooperation through another act ,includes negligence-
Jthere is collective criminal responsibilit% when the o(enders are criminall%
liable in the same manner and to the same etent. $he penalt% is the same
for all.
there is individual criminal responsibilit% when there is no conspirac%.
$here must be direct participation in the criminal design but not in the
eecution of the act without which the crime could not be accomplished.
/o<conspirator b% implied conspirac%. $he voluntar% and indispensable
cooperation of the o(ender is a concurrence of the criminal act to be
eecuted. /onse*uentl%, he is a co<conspirator b% '/ although the common
design or purpose was never bottled up b% previous undertaking.
'f participation of dispensable, his liabilit% is an accomplice.
(rt2 3C2 (ccomplices2 J (ccomplices are those persons who/ not
eing incl$"e" in (rt2 3B/ cooperate in the e&ec$tion of the ofense
! previo$s or sim$ltaneo$s acts2
.e*uisites&
a. there be a communit% of design ,principal originates the design,
accomplice onl% concurs-
b. he cooperates in the eecution b% previous or simultaneous acts,
intending to give material and moral aid ,cooperation must be knowingl%
done, it must also be necessar% and not indispensable
Page | 62
c. $here be a relation between the acts of the principal and the alleged
accomplice
6amples& a- Fuan was choking "edro. $hen $omas ran up and hit "edro with
a bamboo stick. Fuan continued to choke "edro until he was dead. $omas is
onl% an accomplice because the fatal blow came from Fuan. b- 1ending a
dagger to a killer, knowing the latterBs purpose.
An accomplice has knowledge of the criminal design of the principal and all
he does is concur with his purpose.
$here must be a relation between the acts done b% the principal and those
attributed to the person charges as accomplice
'n homicide or murder, the accomplice must not have in2icted the mortal
wound.
A lookout can be a principal b% '/ but can also be an accomplice.
;e knows the criminal design of the principal and he cooperated knowingl%
or intentionall% ina manner which is not indespensible.
2 elements& =====
'f doubt eists, resolve to that of an accomplice
'f the person has discretion, eg plan A plan +. he is a principal
(rt2 362 (ccessories2 J (ccessories are those who/ having
4nowle"ge of the commission of the crime/ an" witho$t having
participate" therein/ either as principals or accomplices/ ta4e part
s$se#$ent to its commission in an! of the following manners:
32 '! pro?ting themselves or assisting the ofen"er to pro?t !
the efects of the crime2
82 '! concealing or "estro!ing the o"! of the crime/ or the
efects or instr$ments thereof/ in or"er to prevent its "iscover!2
72 '! haroring/ concealing/ or assisting in the escape of the
principals of the crime/ provi"e" the accessor! acts with a$se of his
p$lic f$nctions or whenever the a$thor of the crime is g$ilt! of
treason/ parrici"e/ m$r"er/ or an attempt to ta4e the life of the Chief
E&ec$tive/ or is 4nown to e hait$all! g$ilt! of some other crime2
6ample of "ar 1& person received and used propert% from another,
knowing it was stolen
6ample of "ar 2& placing a weapon in the hand of the dead who was
unlawfull% killed to plant evidence, or bur%ing the deceased who was killed
b% the principals.
/orpus delicti is the commission of the crime.
6ample of "ar 3& a- public o3cers who harbor, conceal or assist in the
escape of the principal of an% crime ,not light felon%- with abuse of his
public functions, b- private persons who harbor, conceal or assist in the
escape of the author of the crime ! guilt% of treason, parricide, murder or
an attempt against the life of the "resident, or who is known to be
habituall% guilt% of some crime.
'f an accomplice is harbored, not an accessor% if under ."/ but
obstruction of )ustice "@ 1?2M can be fled.
Eeneral .ule& "rincipal ac*uitted, Accessor% also ac*uitted
Page | 63
6ception& when the crime was in fact committed but the principal is
covered b% eempting circumstances.
6ample& Minor stole a ring and Fuan, knowing it was stolen, bought it.
Minor is eempt. Fuan liable as accessor%
$rial of accessor% ma% proceed without awaiting the result of the separate
charge against the principal because the criminal responsibilities are
distinct from each other
1iabilit% of the accessor% ! the responsibilit% of the accessor% is subordinate
to that of a principal in a crime because the accessor%Bs participation
therein is subse*uent to its commission, and his guilt is directl% related to
the principal. 'f the principal was ac*uitted b% an eempting circumstance
the accessor% ma% still be held liable.
Inowledge after the fact of the commission of the crime. ;ave not
participated in the commission. $ook part subse*uent to its commission.
'n case of public o3cer for an% crime if he acts with abuse of public
functions ,an% crime-. #o need of conviction.
'n case of private individuals when the author of the crime is guilt% of
treason attempt on the life of the chief eecutive, murder, parricide or is
known to be habituall% guilt% ,not habitual delin*uenc%- of some other
crime. Accused should have been convicted.
Accessories ma% be liable as principal in another crime if the act or
omission is also penali8ed in a special law. Mala prohibita.
Accomplice vs accessor%&
Accomplice participates before or during the commission of the o(ense7
accessor% subse*uent
Accomplice knows the criminal design of the principal7 accessor% knows
the commission of the crime
Accomplice provides material or moral aid in an e3cacious wa%7
accessor% art 1M
Accomplice have no eemption7 accessor% are eempted in some
instances
< abetting with brigandage eg kidnap for ransom, robber% in the highwa% !
loot from a brigandage ,principal-7 bought sold possess an article which was
from the proceeds of robber% or theft ,principal of fencing-
< corpus delicti is the bod% or substance of the crime in its primar% sense
refers to the fact that the crime has actuall% been commited. Actual
commission b% someone
/ompound fact&
< 6istence of a certain act or results forming the basis of the criminal
charge
< 6istence 4f a ctiminal agenc% as the cause
4therwise stated&
< "roof of the occurrence of the event
< 0ome personBs criminal liabilit%
'n a homicide& corpus delicti ! stabbing7 bod% of the victim ! e(ects7 knife !
instrument7 accused ! agent
Assisting a principal to escape7 assisting an accomplice is not included.
@i(erence of accessor% from principal and accomplice&
Page | 64
a. Accessor% does not take direct part or cooperate in, or induce the
commission of the crime
b. Accessor% does not cooperate in the commission of the o(ense b% acts
either prior thereto or simultaneous therewith
c. "articipation of the accessor% in all cases alwa%s takes place after the
commission of the crime
d. $akes part in the crime through his knowledge of the commission of the
o(ense.
(rt2 8F2 (ccessories who are e&empt from criminal liailit!2 J The
penalties prescrie" for accessories shall not e impose" $pon those
who are s$ch with respect to their spo$ses/ ascen"ants/
"escen"ants/ legitimate/ nat$ral/ an" a"opte" rothers an" sisters/
or relatives ! a=nit! within the same "egrees/ with the single
e&ception of accessories falling within the provisions of paragraph 3
of the ne&t prece"ing article2
+asis& $ies of blood and the preservation of the cleanliness of oneBs name
which compels one to conceal crimes committed b% relatives so near as
those mentioned.
#ephew and #iece not included
Accessor% not eempt when helped a relative<principal b% profting from the
e(ects of the crime, or assisted the o(ender to proft from the e(ects of the
crime.
4nl% accessories covered b% par 2 and 3 are eempted motivated b%
a(ection. "aragraph 1 is motivated b% greed.
"ublic o3cer who helped his guilt% brother escape does not incur criminal
liabilit% as ties of blood constitutes a more powerful incentive than the call
of dut%.
"6#A1$K ! su(ering in2icted b% the 0tate for the transgression of a law.
3 fold purpose&
a. retribution or epiation ! penalt% commensurate with the gravit% of the
o(ense
b. correction or reformation ! rules which regulate the eecution of
penalties consisting of deprivation of libert%
c. social defense ! in2eible severit% to recidivists and habitual delin*uents
Furidical /onditions of "enalt%
a. Must be productive of su(ering ! limited b% the integrit% of human
personalit%
b. Must be proportionate to the crime
c. Must be personal ! imposed onl% upon the criminal
d. Must be legal ! according to a )udgment of fact and law
e. Must be e*ual ! applies to ever%one regardless of the circumstance
f. Must bee correctional ! to rehabilitate the o(ender
< could still be civill% liable.
(rt2 832 Penalties that ma! e impose"2 J No felon! shall e
p$nishale ! an! penalt! not prescrie" ! law prior to its
commission2
Page | 65
Euarantees that no act of a citi8en will be considered criminal unless the
0tate has made it so b% law and provided a penalt%
6cept& 5hen the penalt% is favorable to the criminal art 22.
#ulum crimen nulla poena sine lege
"rospectivit% characteristic.
"enalties are the punishment imposed b% lawful authorit% upon a person
who commits a deliberate or negligent act
"enalties are prescribed b% statute ! legislature.
Hnder the ."/, "enalties are&
Eraduated
@ivided into 3 periods unless indivisible
/lassifed into principal, accomplice or accessor%
Hnderstood to be a degree for purposes of lowering the penalt% under
the 'ndeterminate 0entence 1aw or owing to the privileged mitigating
circumstances
'mposed on the principal o(ender in its consummated stage
$he maimum imposable ! court cannot increase the penalt% prescribed
b% an% degree no matter how man% aggravating circumstances are
present.
< courts must emplo% the proper nomenclature specifed in the code, such as
reclusion perpetua not life imprisonment7 or ten da%s of arresto menor not ten
da%s imprisonment.
(rt2 882 ,etroactive efect of penal laws2 J Penal Laws shall have a
retroactive efect insofar as the! favor the persons g$ilt! of a felon!/
who is not a hait$al criminal/ as this term is "e?ne" in ,$le > of
(rticle A8 of this Co"e/ altho$gh at the time of the p$lication of
s$ch laws a ?nal sentence has een prono$nce" an" the convict is
serving the same2
Eeneral .ule& /riminal laws are given prospective e(ects
6ception& Eive retroactive e(ect when favorable to the accused. 6.
0pecial law made the penalt% less severe ! but must refer to the same deed
or omission penali8ed b% the former statute
#ew law ma% provide that its provisions not to be applied to cases alread%
fled in court at the time of the approval of such law.
$he favorable retroactive e(ect of a new law ma% fnd the defendant in one
of the 3 situations
a. crime has been committed and the prosecution begins
b. sentence has been passed but service has not begun
c. sentence is being carried out.
;abitual criminal ,person who within the pd of 1D %ears from date of
release or last conviction of the crimes of serious or less serious ph%sical
in)uries, robber%, theft, estafa or falsifcation, he is found guilt% of an% said
crimes a third time or oftener- is #4$ entitled to the beneft of the
provisions of the new favorable law.
/ivil liabilities not covered b% Art 22 because rights of o(ended persons are
not within the gift of arbitrar% disposal of the 0tate.
+ut new law increasing civil liabilit% cannot be given retroactive e(ect.
.etroactivit% applicable also to special laws
Page | 66
$he right to punish o(enses committed under an old penal law is not
etinguished if the o(enses are still punished in the repealing penal law.
;owever, if b% re<enactment of the provisions of the former law, the repeal
is b% implication and there is a saving clause, criminal liabilit% under the
repealed law subsists.
#o retroactive e(ect of penal laws as regards )urisdiction of the court.
Furisdiction of the court is determined b% the law in force at the time of the
institution of the action, not at the time of the commission of the crime.
Furisdiction of courts in criminal cases is determined b% the allegations of
the complaint or information, and not b% the fndings the court ma% make
after trial.
5hen a law is e post facto
a Makes criminal an act done before the passage of the law and which was
innocent when done, and punishes such an act.
b Aggravates the crime or makes it greater than it was when committed.
c /hanges the punishment and in2icts a greater punishment than the law
anneed to the crime when committed.
d Alters the legal rules of evidence and authori8es conviction upon less or
di(erent testimon% than the law re*uired at the time of the commission
of the crime.
e Assuming to regulate civil rights and remedies onl%, in e(ect imposes
penalt% or deprivation of a right for something which when done was
lawful.
f @eprives a person accused of a crime some lawful protection to which he
has become entitled, such as the protection of a former conviction or
ac*uittal or a proclamation of amnest%.
+ill of Attainder ! a legislative act which in2icts punishment without trial. 'ts
essence is the substitution of a legislative for a )udicial determination of
guilt.
6(ect of change of "enal 1aw
a 5ith enactment of a penal law punishing the o(ense ! the action is not
dismissed. $he penalt% in the new law if favorable to the accused.
b 5ithout enactment of a penal law punishing the o(ense < the previous
o(ense is obliterated and the action is dismissed.
(rt2 872 Efect of par"on ! the ofen"e" part!2 J ( par"on of the
ofen"e" part! "oes not e&ting$ish criminal action e&cept as
provi"e" in (rticle 7<< of this Co"e; $t civil liailit! with regar" to
the interest of the in:$re" part! is e&ting$ishe" ! his e&press
waiver2
6ven if in)ured part% alread% pardoned the o(ender ! fscal can still
prosecute. #ot even considered a ground for dismissal of the information.
6ception& Art 344 < crimes of seduction, abduction, rape or acts of
lasciviousness ! pardon must be epressed.
+asis& crime is an o(ense against the 0tate. Aggrieved part% onl% a witness.
4nl% /hief 6ecutive can pardon the o(enders
/anBt compromise criminal liabilit%, onl% civil liabilit% ! but it still shall not
etinguish the public action for the imposition of the legal penalt%.
4(ended part% in the crimes of adulter% and concubinage canBt institute
criminal prosecution if he shall have consented or pardoned the o(enders.
Page | 67
"ardon in adulter% and concubinage ma% be implied ! continued inaction
after learning of the o(ense. Must pardon both o(enders.
$he pardon a(orded the o(enders must come +6>4.6 the institution of the
criminal proceedings. /omplaint for an% of the above<mentioned crimes in
Art 344 will still be prosecuted b% the court on the ground that the pardon
,basis for the motion to dismiss- was given after the fling of the complaint.
$he onl% act that etinguishes the penal action, after the institution of
criminal action, is the marriage between the o(ender and the o(ended
part%
"ardon under Art 344 is onl% a bar to criminal prosecution. 't @460 #4$
etinguish criminal liabilit%. 't is not one of the causes that totall% etinguish
criminal liabilit% in Art ?M.
/ivil liabilit% with regard to the interest of the in)ured part% is etinguished
b% his epress waiver because personal in)ur% ma% be repaired through
indemnit% an%wa%. 0tate has no reason to insist on its pa%ment.
5aiver must be epress.
(rt2 8<2 %eas$res of prevention or safet! which are nor consi"ere"
penalties2 J The following shall not e consi"ere" as penalties:
32 The arrest an" temporar! "etention of acc$se" persons/ as
well as their "etention ! reason of insanit! or imecilit!/ or illness
re#$iring their con?nement in a hospital2
82 The commitment of a minor to an! of the instit$tions
mentione" in (rticle CF an" for the p$rposes speci?e" therein2
72 )$spension from the emplo!ment of p$lic o=ce "$ring the
trial or in or"er to instit$te procee"ings2
<2 @ines an" other corrective meas$res which/ in the e&ercise of
their a"ministrative "isciplinar! powers/ s$perior o=cials ma!
impose $pon their s$or"inates2
>2 .eprivation of rights an" the reparations which the civil laws
ma! estalish in penal form2
"ar 1 refers to the Naccused persons: who are detained Nb% reason of
insanit% or imbecilit%: not an insane or imbecile who has not been arrested
for a crime.
$he% are not considered penalties because the% are not imposed as a result
of )udicial proceedings. $hose in par 1, 3 and 4 are merel% preventive
measures before the conviction of o(enders.
/ommitment of a minor is not a penalt% because it is not imposed b% the
court in a )udgment. $he imposition of the sentence in such a case is
suspended.
>ines in par 4 are not imposed b% the court because otherwise, the%
constitute a penalt%
(rt2 8>2 Penalties which ma! e impose"2 J The penalties which ma!
e impose" accor"ing to this Co"e/ an" their "iferent classes/ are
those incl$"e" in the following:
)cale
P,*NC*P(L PEN(LT*E)
Capital p$nishment:
.eath2
Page | 68
(Dictive penalties:
,ecl$sion perpet$a/
,ecl$sion temporal/
Perpet$al or temporar! asol$te "is#$ali?cation/
Perpet$al or temporar! special "is#$ali?cation/
Prision ma!or2
Correctional penalties:
Prision correccional/
(rresto ma!or/
)$spension/
.estierro2
Light penalties:
(rresto menor/
P$lic cens$re2
Penalties common to the three prece"ing classes:
@ine/ an"
'on" to 4eep the peace2
(CCE))O,G PEN(LT*E)
Perpet$al or temporar! asol$te "is#$ali?cation/
Perpet$al or temporar! special "is#$ali?cation/
)$spension from p$lic o=ce/ the right to vote an" e vote" for/ the
profession or calling2
Civil inter"iction/
*n"emni?cation/
@orfeit$re or con?scation of instr$ments an" procee"s of the ofense/
Pa!ment of costs2
/lassifcation of penalties&
a "rincipal < art 29
b Accessor% ! deemed included in the imposition of the principal penalties
According to divisibilit% ,principal-
a divisible ! those that have fed duration and are divisible into 3 periods
b indivisible ! no fed duration ,death, .", perpetual or absolute
dis*ualifcation-
According to sub)ect matter
a corporal ! death
b deprivation of freedom ! reclusion, prision, arresto
c restriction of freedom ! destierro
d deprivation of rights ! dis*ualifcation and suspension
e pecuniar% ! fne
According to gravit%
a capital
b aLictive
c correccional
d light
"ublic censure is a penalt%, and being such, is not proper in ac*uittal. +ut a
competent court, while ac*uitting an accused ma%, with un*uestionable
propriet% epress its disapproval or reprehension of those acts to avoid the
impression that b% ac*uitting the accused it approves or admires his
conduct.
Page | 69
"ermanent and temporar% absolute and permanent and temporar% special
dis*ualifcation and suspension ma% be principal or accessor% penalties
because the% are found in 2 general classes.
(rt2 8A2 -hen aDictive/ correctional/ or light penalt!2 J ( ?ne/
whether impose" as a single of as an alternative penalt!/ shall e
consi"ere" an aDictive penalt!/ if it e&cee"s A/FFF pesos; a
correctional penalt!/ if it "oes not e&cee" A/FFF pesos $t is not less
than 8FF pesos; an" a light penalt! if it less than 8FF pesos2
>ines are imposed either as alternative ,Art 144 punishing disturbance of
proceedings with arresto ma%or or fne from 2DD pesos to 1DDD pesos- or
single ,fne of 2DD to ADDD pesos-
"enalt% cannot be imposed in the alternative since itBs the dut% of the court
to indicate the penalt% imposed defnitel% and positivel%. $hus, the court
cannot sentence the guilt% person in a manner as such as Nto pa% fne of
1DDD pesos, or to su(er an imprisonment of 2 %ears, and to pa% the costs.:
'f the fne imposed b% the law for the felon% is eactl% 2DD pesos, it is a
light felon%.
>ines&
a ALictive ! over ADDD
b /orrectional ! 2D1 to ADDD
c 1ight ! 2DD and less
#ote& $he classifcation applies if the fne is imposed as a single or
alternative penalt%. ;ence, it does not appl% if the fne imposed together
with another penalt%.
+ond to keep the peace is b% analog%&
a ALictive ! over ADDD
b /orrectional ! 2D1 to ADDD
c 1ight ! 2DD and less
@istinction between classifcation of "enalties in Art. M and
Art. 2A
Article M Article 2A
Applicable in determining the
prescriptive period of felonies
Applicable in determining the
prescriptive period of
penalties
.0,(T*ON (N. E@@ECT O@ PEN(LT*E)
(rt2 8B2 ,ecl$sion perpet$a2 J (n! person sentence" to an! of the
perpet$al penalties shall e par"one" after $n"ergoing the penalt!
for thirt! !ears/ $nless s$ch person ! reason of his con"$ct or some
other serio$s ca$se shall e consi"ere" ! the Chief E&ec$tive as
$nworth! of par"on2
,ecl$sion temporal2 J The penalt! of recl$sion temporal shall e
from twelve !ears an" one "a! to twent! !ears2
Prision ma!or an" temporar! "is#$ali?cation2 J The "$ration of the
penalties of prision ma!or an" temporar! "is#$ali?cation shall e
from si& !ears an" one "a! to twelve !ears/ e&cept when the penalt!
Page | 70
of "is#$ali?cation is impose" as an accessor! penalt!/ in which case
its "$ration shall e that of the principal penalt!2
Prision correccional/ s$spension/ an" "estierro2 J The "$ration of the
penalties of prision correccional/ s$spension an" "estierro shall e
from si& months an" one "a! to si& !ears/ e&cept when s$spension is
impose" as an accessor! penalt!/ in which case/ its "$ration shall e
that of the principal penalt!2
(rresto ma!or2 J The "$ration of the penalt! of arresto ma!or shall
e from one month an" one "a! to si& months2
(rresto menor2 J The "$ration of the penalt! of arresto menor shall
e from one "a! to thirt! "a!s2
'on" to 4eep the peace2 J The on" to 4eep the peace shall e
re#$ire" to cover s$ch perio" of time as the co$rt ma! "etermine2
3 fold rule& the maimum duration of the convictBs sentence shall not be
more than 3 times the length of time corresponding to the most severe of
the penalties imposed upon him.
the maimum duration of the convictBs sentence shall in no case eceed 4D
%ears
$emporar% dis*ualifcation and suspension, when imposed as accessor%
penalties, have di(erent durations ! the% follow the duration of the principal
penalt%
@estierro is imposed in the following circumstances&
a serious ph%sical in)uries or death under eceptional circumstances
,spouse fnding other spouse in pari delicto-
b failure to give bond for good behavior , a person making threat ma% be
re*uired to give bond not to molest the person threatened, if not
destierro-
c penalt% for the concubine
d in cases where the reduction of the penalt% b% one or more degrees
results in destierro
+ond to keep the peace is not specifcall% provided as a penalt% for an%
felon% and therefore cannot be imposed b% the court. 't is re*uired in Art
2?4 and not to be given in cases involving other crimes.
0ummar%&
a "erpetual penalties ! after 3D %ears, can be pardoned, ecept when he is
unworth% of pardon b% reason of his conduct and some other serious
cause, it wonBt eceed 4D %ears.
b .eclusion $emporal ! 12 %rs and 1 da% to 2D %rs
c "rision Ma%or and temporar% dis*ualifcation ! A %rs and 1 da% to 12 %rs7
dis*ualifcation if accessor% follows the duration of the principal penalt%
d "rision /orreccional, suspension and destierro ! A mos and 1 da% to 12
%rs7 dis*ualifcation if accessor% follows the duration of the principal
penalt%
e Arresto Ma%or ! 1 month and 1 da% to A months
f Arresto Menor ! 1 da% to 3D da%s
g +ond to keep the peace ! the period during which the bond shall be
e(ective is discretionar% to the court
Page | 71
/apital and ALictive "enalties
@eath .eclusion
"erpetua
.eclusion
$emporal
"rison Ma%or
$erm of
'mpriso
n<ment
#one 2D da%s
and 1 da%
to 4D %ears
12 %ears
and 1 da%
to 2D
%ears
A %ears and
1 da% to 12
%ears
Access
or%
"enalti
es
#one,
unless
pardoned&
<"erpetual
absolute
dis*ualifc
ation
</ivil
interdictio
n for 3D
%ears
</ivil
'nterdiction
or during
his
sentence
<"erpetual
absolute
dis*ualifca
tion
</ivil
'nterdictio
n or during
his
sentence
<"erpetual
absolute
dis*ualifc
ation
<$emporar%
absolute
dis*ualifcati
on
<"erpetual
special
dis*ualifcati
on from the
right of
su(rage
which the
o(ender
su(ers
although
pardoned
/orrectional and 1ight "enalties
"rison /orrectional Arresto Ma%or Arresto Menor
'mpriso
n<ment
A months and 1 da%
to A %ears
1 month and
1 da% to A
months
1 da% to 3D
da%s
Access
or%
"enalti
es
<0uspension from
public o3ce
<0uspension from
the right to follow a
profession or calling
<"erpetual special
dis*ualifcation on
the right of su(rage
<0uspension
of right to
hold o3ce
<0uspension
of the right of
su(rage
during the
term of the
sentence
<0uspension
of right to
hold o3ce
<0uspension
of the right of
su(rage
during the
term of the
sentence
(rt2 8C2 Comp$tation of penalties2 J *f the ofen"er shall e in
prison/ the term of the "$ration of the temporar! penalties shall e
comp$te" from the "a! on which the :$"gment of conviction shall
have ecome ?nal2
*f the ofen"er e not in prison/ the term of the "$ration of the
penalt! consisting of "eprivation of liert! shall e comp$te" from
the "a! that the ofen"er is place" at the "isposal of the :$"icial
a$thorities for the enforcement of the penalt!2 The "$ration of the
other penalties shall e comp$te" onl! from the "a! on which the
"efen"ant commences to serve his sentence2
@irector of "risonsGwarden to compute based on Art 2?&
Page | 72
a 5hen the o(ender is in prison ! the duration of the temporar% penalties
,"A@, $A@, detention, suspension- is from the da% on which the )udgment
of conviction becomes fnal.
b 5hen the o(ender is not in prison ! the duration of the penalt% in
deprivation of libert% is from the da% that the o(ender is placed at the
disposal of )udicial authorities for the enforcement of the penalt%
c $he duration of the other penalties ! the duration is from the da% on
which the o(ender commences to serve his sentence
.eason for rule ,a- ! because under Art 24, the arrest and temporar%
detention of the accused is not considered a penalt%
if in custod%, the accused appealed, the service of the sentence should
commence from the date of the promulgation of the decision of the
appellate court, not from the date of the )udgment of the trial court was
promulgated.
service of one in prison begins onl% on the da% the )udgment of conviction
becomes fnal.
'n cases if temporar% penalties, if the o(ender is under detention, as when
undergoing preventive imprisonment, rule ,a- applies.
'f not under detention ,released on bail- rule ,c- applies
4(ender under preventive imprisonment, rule ,c- applies not rule ,a-
$he o(ender is entitled to a deduction of full<time or 4G9 of the time of his
detention.
(rt2 862 Perio" of preventive imprisonment "e"$cte" from term of
imprisonment2 J Ofen"ers who have $n"ergone preventive
imprisonment shall e cre"ite" in the service of their sentence
consisting of "eprivation of liert!/ with the f$ll time "$ring which
the! have $n"ergone preventive imprisonment/ if the "etention
prisoner agrees vol$ntaril! in writing to ai"e ! the same
"isciplinar! r$les impose" $pon convicte" prisoners/ e&cept in the
following cases:
32 -hen the! are reci"ivists or have een convicte" previo$sl!
twice or more times of an! crime; an"
82 -hen $pon eing s$mmone" for the e&ec$tion of their
sentence the! have faile" to s$rren"er vol$ntaril!2
*f the "etention prisoner "oes not agree to ai"e ! the same
"isciplinar! r$les impose" $pon convicte" prisoners/ he shall e
cre"ite" in the service of his sentence with fo$rE?fths of the time
"$ring which he has $n"ergone preventive imprisonment2 ((s
amen"e" ! ,ep$lic (ct A38B/ 5$ne 3B/ 36BF)2 c" i
-henever an acc$se" has $n"ergone preventive imprisonment
for a perio" e#$al to or more than the possile ma&im$m
imprisonment of the ofense charge" to which he ma! e sentence"
an" his case is not !et terminate"/ he shall e release" imme"iatel!
witho$t pre:$"ice to the contin$ation of the trial thereof or the
procee"ing on appeal/ if the same is $n"er review2 *n case the
ma&im$m penalt! to which the acc$se" ma! e sentence" is
"estierro/ he shall e release" after thirt! (7F) "a!s of preventive
imprisonment2 ((s amen"e" ! E2O2 No2 83</ 5$l! 3F/ 36CC)
Accused undergoes preventive suspension if&
Page | 73
a o(ense is non<bailable
b bailable but canBt furnish bail
the full time or 4G9 of the time during which the o(enders have undergone
preventive suspension shall be deducted from the penalt% imposed
preventive imprisonment must also be considered in perpetual penalties.
Article does not make an% distinction between temporal and perpetual
penalties.
duration of ." is to be computed at 3D %ears, thus, even if the accused is
sentenced to life imprisonment, he is entitled to the full time or 4G9 of the
time of preventive suspension
/redit is given in the service of sentences Nconsisting of deprivation of
libert%: ,imprisonment and destierro-. $hus, persons who had undergone
preventive imprisonment but the o(ense is punishable b% a fne onl% would
not be given credit.
@estierro is considered a Ndeprivation of libert%:
'f the penalt% imposed is arresto menor to destierro, the accused who has
been in prison for 3D da%s ,arresto menor to 3D da%s- should be released
because although the maimum penalt% is destierro ,A mos 1 da% to A %rs-,
the accused sentenced to such penalt% does not serve it in prison.
;abitual @elin*uents not entitled to the full time or 4G9 credit of time under
preventive imprisonment since he is necessaril% a recidivist or has been
convicted previousl% twice or more times of an% crime.
6ample& C who was arrested for serious ph%sical in)uries, detained for 1
%ear and went out on bail but was later on found guilt%. ;e was
conse*uentl% summoned for the eecution of the sentence, but having
failed to appear, C will not be credited in the service of his sentence for
serious ph%sical in)uries wG one %ear or 4G9 of one %ear preventive
imprisonment.
(rt2 7F2 Efects of the penalties of perpet$al or temporar! asol$te
"is#$ali?cation2 J The penalties of perpet$al or temporar! asol$te
"is#$ali?cation for p$lic o=ce shall pro"$ce the following efects:
32 The "eprivation of the p$lic o=ces an" emplo!ments which
the ofen"er ma! have hel" even if conferre" ! pop$lar election2
82The "eprivation of the right to vote in an! election for an!
pop$lar o=ce or to e electe" to s$ch o=ce2
72 The "is#$ali?cation for the o=ces or p$lic emplo!ments an"
for the e&ercise of an! of the rights mentione"2
*n case of temporar! "is#$ali?cation/ s$ch "is#$ali?cation as is
comprise" in paragraphs 8 an" 7 of this article shall last "$ring the
term of the sentence2
<2 The loss of all rights to retirement pa! or other pension for
an! o=ce formerl! hel"2
$he eclusion is a mere dis*ualifcation for protection and not for
punishment ! the withholding of a privilege, not a denial of a right.
"erpetual absolute dis*ualifcation is e(ective during the lifetime of the
convict and even after the service of the sentence.
Page | 74
$emporar% absolute dis*ualifcation is e(ective during the term of sentence
and is removed after the service of the same. 6ception& ,1- deprivation of
the public o3ce or emplo%ment7 ,2- loss of all rights to retirement pa% or
other pension for an% o3ce formerl% held.
6(ects of "erpetual and temporar% absolute dis*ualifcation&
a @eprivation of an% public o3ce or emplo%ment of o(ender
b @eprivation of the right to vote in an% election or to be voted upon
c 1oss of rights to retirement pa% or pension
d All these e(ects last during the lifetime of the convict and even after the
service of the sentence ecept as regards paragraphs 2 and 3 of the
above in connection with $emporar% Absolute @is*ualifcation.
(rt2 732 Efect of the penalties of perpet$al or temporar! special
"is#$ali?cation2 J The penalties of perpet$al or temporal special
"is#$ali?cation for p$lic o=ce/ profession or calling shall pro"$ce
the following efects:
32 The "eprivation of the o=ce/ emplo!ment/ profession or
calling afecte";
82 The "is#$ali?cation for hol"ing similar o=ces or emplo!ments
either perpet$all! or "$ring the term of the sentence accor"ing to
the e&tent of s$ch "is#$ali?cation2
(rt2 782 Efect of the penalties of perpet$al or temporar! special
"is#$ali?cation for the e&ercise of the right of s$frage2 J The
perpet$al or temporar! special "is#$ali?cation for the e&ercise of the
right of s$frage shall "eprive the ofen"er perpet$all! or "$ring the
term of the sentence/ accor"ing to the nat$re of sai" penalt!/ of the
right to vote in an! pop$lar election for an! p$lic o=ce or to e
electe" to s$ch o=ce2 %oreover/ the ofen"er shall not e permitte"
to hol" an! p$lic o=ce "$ring the perio" of his "is#$ali?cation2
$emporar% dis*ualifcation if imposed is an accessor% penalt%, its duration is
that of the principal penalt%
6(ects of "erpetual and $emporar% 0pecial @is*ualifcation
a. >or public o3ce, profession, or calling
1. @eprivation of the o3ce, emplo%ment, profession or calling a(ected
2. @is*ualifcation for holding similar o3ces or emplo%ment during the
period of dis*ualifcation
b. >or the eercise of the right of su(rage
1. @eprivation of the right to vote or to be elected in an o3ce.
1. /annot hold an% public o3ce during the period of dis*ualifcation.

(rt2 772 Efects of the penalties of s$spension from an! p$lic o=ce/
profession or calling/ or the right of s$frage2 J The s$spension from
p$lic o=ce/ profession or calling/ an" the e&ercise of the right of
s$frage shall "is#$alif! the ofen"er from hol"ing s$ch o=ce or
e&ercising s$ch profession or calling or right of s$frage "$ring the
term of the sentence2
The person s$spen"e" from hol"ing p$lic o=ce shall not hol"
another having similar f$nctions "$ring the perio" of his s$spension2
Page | 75
6(ects&
a @is*ualifcation from holding such o3ce or the eercise of such
profession or right of su(rage during the term of the sentence.
b /annot hold another o3ce having similar functions during the period of
suspension.
(rt2 7<2 Civil inter"iction2 J Civil inter"iction shall "eprive the
ofen"er "$ring the time of his sentence of the rights of parental
a$thorit!/ or g$ar"ianship/ either as to the person or propert! of an!
war"/ of marital a$thorit!/ of the right to manage his propert! an" of
the right to "ispose of s$ch propert! ! an! act or an! conve!ance
inter vivos2
6(ects&
a. @eprivation of the following rights&
1. "arental rights
2. Euardianship over the ward
3. Martial authorit%
4. .ight to manage propert% and to dispose of the same b% acts inter
vivos
b. /ivil 'nterdiction is an accessor% penalt% to the following principal
penalties
1. 'f death penalt% is commuted to life imprisonment
2. .eclusion perpetua
3. .eclusion temporal
;e can dispose of such propert% b% will or donation mortis causa
(rt2 7>2 Efects of on" to 4eep the peace2 J *t shall e the "$t! of
an! person sentence" to give on" to 4eep the peace/ to present two
s$=cient s$reties who shall $n"erta4e that s$ch person will not
commit the ofense so$ght to e prevente"/ an" that in case s$ch
ofense e committe" the! will pa! the amo$nt "etermine" ! the
co$rt in the :$"gment/ or otherwise to "eposit s$ch amo$nt in the
o=ce of the cler4 of the co$rt to g$arantee sai" $n"erta4ing2
The co$rt shall "etermine/ accor"ing to its "iscretion/ the perio"
of "$ration of the on"2
)ho$l" the person sentence" fail to give the on" as re#$ire" he
shall e "etaine" for a perio" which shall in no case e&cee" si&
months/ is he shall have een prosec$te" for a grave or less grave
felon!/ an" shall not e&cee" thirt! "a!s/ if for a light felon!2
+ond to keep the peace is di(erent from bail bond which is posted for the
provisional release of a person arrested for or accused of a crime. +ond to
keep the peace or for good behavior is imposed as a penalt% in threats.
(rt2 7A2 Par"on; its efect2 J ( par"on shall not wor4 the restoration
of the right to hol" p$lic o=ce/ or the right of s$frage/ $nless s$ch
rights e e&pressl! restore" ! the terms of the par"on2
( par"on shall in no case e&empt the c$lprit from the pa!ment of the
civil in"emnit! impose" $pon him ! the sentence2
Page | 76
"ardon b% the "resident does not restore the right to public o3ce or
su(rage ecept when both are epressl% restored in the pardon. #or does it
eempt from civil liabilit%Gfrom pa%ment of civil indemnit%.
1imitations to "residentBs power to pardon&
a can be eercised onl% after fnal )udgment
b does not etend to cases of impeachment
c does not etinguish civil liabilit% ! onl% criminal liabilit%
"ardon granted in general terms does not include accessor% penalties.
6ceptions&
a. if the absolute pardon us granted after the term of imprisonment has
epire, it removes all that is left of the conse*uences of conviction.
;owever, if the penalt% is life imprisonment and after the service of 3D
%ears, a pardon is granted, the pardon does not remove the accessor%
penalt% of absolute perpetual dis*ualifcation
b. if the facts and circumstances of the case show that the purpose of the
"resident is to precisel% restore the rights i.e., granting absolute pardon
after election to a post ,ma%or- but before the date fed b% law for
assuming o3ce to enable him to assume the position in deference to the
popular will
"ardon b% the o(ended part% ! does not etinguish criminal liabilit%, ma%
include o(ended part% waiving civil indemnit% and it is done before the
institution of the criminal prosecution and etended to both o(enders.
(rt2 7B2 Cost2 J -hat are incl$"e"2 J Costs shall incl$"e fees an"
in"emnities in the co$rse of the :$"icial procee"ings/ whether the!
e ?&e" or $nalterale amo$nts previo$sl! "etermine" ! law or
reg$lations in force/ or amo$nts not s$:ect to sche"$le2
/osts include&
a. fees
b. indemnities in the course of )udicial proceedings
/osts ,epenses of the litigation- are chargeable to the accused in vase of
conviction.
'n case of ac*uittal, the costs are de ofcio, each part% bearing is own
epense
#o costs allowed against the .epublic of the "hilippines until law provides
the contrar%
(rt2 7C2 Pec$niar! liailities2 J Or"er of pa!ment2 J *n case the
propert! of the ofen"er sho$l" not e s$=cient for the pa!ment of
all his pec$niar! liailities/ the same shall e met in the following
or"er:
32 The reparation of the "amage ca$se"2
82 *n"emni?cation of conse#$ential "amages2
72 The ?ne2
<2 The cost of the procee"ings2
Applicable Nin case propert% of the o(ender should not be su3cient for the
pa%ment of all his pecuniar% liabilities.: ;ence, if the o(ender has
insu3cient or no propert%, there is no use for Art 3?.
Page | 77
4rder of pa%ment is mandator%
6ample& Fuan in2icted serious ph%sical in)uries against "edro and took the
latterBs watch and ring. ;e incurred 9DD worth of hospital bills and failed to
earn 3DD worth of salar%. Eiven that Fuan onl% has 1DDD pesos worth of
propert% not eempt from eecution, it shall be frst applied to the pa%ment
of the watch and ring which cannot be returned as such is covered b%
Nreparation of the damage caused: thus, no. 1 in the order of pa%ment. $he
9DD and 3DD are covered b% Nindemnifcation of the conse*uential damage:
thus, no. 2 in the order of pa%ment.
(rt2 762 )$si"iar! penalt!2 J *f the convict has no propert! with
which to meet the ?ne mentione" in the paragraph 7 of the nest
prece"ing article/ he shall e s$:ect to a s$si"iar! personal liailit!
at the rate of one "a! for each eight pesos/ s$:ect to the following
r$les:
32 *f the principal penalt! impose" e prision correccional or
arresto an" ?ne/ he shall remain $n"er con?nement $ntil his ?ne
referre" to in the prece"ing paragraph is satis?e"/ $t his s$si"iar!
imprisonment shall not e&cee" oneEthir" of the term of the sentence/
an" in no case shall it contin$e for more than one !ear/ an" no
fraction or part of a "a! shall e co$nte" against the prisoner2
82 -hen the principal penalt! impose" e onl! a ?ne/ the
s$si"iar! imprisonment shall not e&cee" si& months/ if the c$lprit
shall have een prosec$te" for a grave or less grave felon!/ an" shall
not e&cee" ?fteen "a!s/ if for a light felon!2
72 -hen the principal impose" is higher than prision
correccional/ no s$si"iar! imprisonment shall e impose" $pon the
c$lprit2
<2 *f the principal penalt! impose" is not to e e&ec$te" !
con?nement in a penal instit$tion/ $t s$ch penalt! is of ?&e"
"$ration/ the convict/ "$ring the perio" of time estalishe" in the
prece"ing r$les/ shall contin$e to s$fer the same "eprivations as
those of which the principal penalt! consists2
>2 The s$si"iar! personal liailit! which the convict ma! have
s$fere" ! reason of his insolvenc! shall not relieve him/ from the
?ne in case his ?nancial circ$mstances sho$l" improve2 ((s amen"e"
! ,( ><A>/ (pril 83/ 36A62)
$here is no subsidiar% penalt% for non<pa%ment of reparation,
indemnifcation and costs in par 1, 2 and 4 of Art 3?. 't is onl% for fnes.
Art 3M applies onl% when the convict has no propert% with which to meet
the fne in par 3 of art 3?. $hus, a convict who has propert% enough to meet
the fne and not eempted from eecution cannot choose to serve the
subsidiar% penalt% instead of the pa%ment of the fne.
0ubsidiar% imprisonment is not an accessor% penalt%. 't is covered b% Art
4D<49 of this /ode. Accessor% penalties are deemed imposed even when
not mentioned while subsidiar% imprisonment must be epressl% imposed.
.ules&
"6#A1$K 'M"406@ 16#E$; 4> 0H+0'@'A.K
Page | 78
"6#A1$K
"rision correccional or
arresto and fne
#ot eceed 1G3 of term of
sentence, in no case more than
1 %ear fraction or part of a da%
not counted.
>ine onl% #ot to eceed A months if
prosecuted for grave or less
grave felon%, not to eceed 19
da%s if prosecuted for light
felon%
;igher than prision
correccional
#o subsidiar% imprisonment
#ot to be eecuted b%
confnement but of fed
duration
0ame deprivations as those of
the principal penalt% under
rules 1, 2 and 3 above
'f fnancial circumstances improve, convict still to pa% the fne even if he
has su(ered subsidiar% personal liabilit%.
the penalt% imposed must be "/, AM, Am, suspension, destierro and fne
onl%. ! other than these ,"M, .$, ."- court cannot impose subsidiar%
penalt%.
6ven if the penalt% imposed is not higher than "/, if the accused is a
habitual delin*uent who deserves an additional penalt% of 12 %rs and 1 da%
of .$, there is no subsidiar% imprisonment.
(rt2 <F2 .eath J *ts accessor! penalties2 J The "eath penalt!/ when
it is not e&ec$te" ! reason of comm$tation or par"on shall carr!
with it that of perpet$al asol$te "is#$ali?cation an" that of civil
inter"iction "$ring thirt! !ears following the "ate sentence/ $nless
s$ch accessor! penalties have een e&pressl! remitte" in the
par"on2
(rt2 <32 ,ecl$sion perpet$a an" recl$sion temporal2 J Their
accessor! penalties2 J The penalties of recl$sion perpet$a an"
recl$sion temporal shall carr! with them that of civil inter"iction for
life or "$ring the perio" of the sentence as the case ma! e/ an" that
of perpet$al asol$te "is#$ali?cation which the ofen"er shall s$fer
even tho$gh par"one" as to the principal penalt!/ $nless the same
shall have een e&pressl! remitte" in the par"on2
(rt2 <82 Prision ma!or J *ts accessor! penalties2 J The penalt! of
prision ma!or/ shall carr! with it that of temporar! asol$te
"is#$ali?cation an" that of perpet$al special "is#$ali?cation from
the right of s$frage which the ofen"er shall s$fer altho$gh
par"one" as to the principal penalt!/ $nless the same shall have
een e&pressl! remitte" in the par"on2
(rt2 <72 Prision correccional J *ts accessor! penalties2 J The
penalt! of prision correccional shall carr! with it that of s$spension
Page | 79
from p$lic o=ce/ from the right to follow a profession or calling/ an"
that of perpet$al special "is#$ali?cation from the right of s$frage/ if
the "$ration of sai" imprisonment shall e&cee" eighteen months2 The
ofen"er shall s$fer the "is#$ali?cation provi"e" in the article
altho$gh par"one" as to the principal penalt!/ $nless the same shall
have een e&pressl! remitte" in the par"on2
(rt2 <<2 (rresto J *ts accessor! penalties2 J The penalt! of arresto
shall carr! with it that of s$spension of the right too hol" o=ce an"
the right of s$frage "$ring the term of the sentence2
4utline of accessor% penalties inherent in principal penalties
a. death ! if not eecuted because of commutation or pardon
1. perpetual absolute dis*ualifcation
2. civil interdiction during 3D %ears ,if not epressl% remitted in the
pardon-
b. ." and .$
1. civil interdiction for life or during the sentence
2. perpetual absolute dis*ualifcation ,unless epressl% remitted in the
pardon-
c. "M
1. temporar% absolute dis*ualifcation
2. perpetual absolute dis*ualifcation from su(rage ,unless epressl%
remitted in the pardon-
d. "/
1. suspension from public o3ce, profession or calling
2. perpetual special dis*ualifcation from su(rage if the duration of the
imprisonment eceeds 1? months ,unless epressl% remitted in the
pardon-
$he accessor% penalties in Art 4D<44 must be su(ered b% the o(ender,
although pardoned as to the principal penalties. $o be relieved of these
penalties, the% must be epressl% remitted in the pardon.
#o accessor% penalt% for destierro
"ersons who served out the penalt% ma% not have the right to eercise the
right of su(rage. >or a prisoner who has been sentenced to one %ear of
imprisonment or more for an% crime, absolute pardon restores to him his
political rights. 'f the penalt% is less than one %ear, dis*ualifcation does not
attach ecept if the crime done was against propert%.
$he nature of the crime is immaterial when the penalt% imposed is one %ear
imprisonment or more.
$he accessor% penalties are understood to be alwa%s imposed upon the
o(ender b% the mere fact that the law fes a certain penalt% for the crime.
5henever the courts impose a penalt% which b% provision of law, carries
with it other penalties, itBs understood that the accessor% penalties are also
imposed.
the accessor% penalties do not a(ect the )urisdiction of the court in which
the information is fled because the% donBt modif% or alter the nature of the
penalt% provided b% law. 5hat determines )urisdiction in criminal cases is
the etent of the principal penalt% wGc the law imposes of the crime
charged.
Page | 80
the M$/ has eclusive )urisdiction over o(enses punishable with
imprisonment of not eceeding 4 %ears and 2 months or a fne of not more
than 4DDD or both regardless of other imposable accessor% or other
penalties.
(rt2 <>2 Con?scation an" forfeit$re of the procee"s or instr$ments
of the crime2 J Ever! penalt! impose" for the commission of a felon!
shall carr! with it the forfeit$re of the procee"s of the crime an" the
instr$ments or tools with which it was committe"2
)$ch procee"s an" instr$ments or tools shall e con?scate" an"
forfeite" in favor of the Government/ $nless the! e propert! of a
thir" person not liale for the ofense/ $t those articles which are
not s$:ect of lawf$l commerce shall e "estro!e"2
ever% penalt% imposed carries with it the forfeiture of the proceeds of the
crime and the instruments or tools used in the commission of the crime
proceeds and instrumentsGtools of the crime are confscated in favor of the
government
3
rd
personsB ,not liable for the o(ense- propert% is not sub)ect to
confscation and forfeiture
propert% not sub)ect of lawful commerce ,whether it belongs to accused or
3
rd
person- shall be destro%ed.
canBt confscateGforfeit unless thereBs a criminal case fled and tried, and
accused is ac*uitted.
must indict 3
rd
person to order confscation of his propert%
instruments of the crime belonging to innocent 3
rd
person ma% be
recovered
confscation can be ordered onl% if the propert% is submitted in evidence or
placed at the disposal of the court
articles which are forfeited < when the order of forfeiture is alread% fnal,
canBt be returned even in case of an ac*uittal
confscation and ac*uittal are additional penalties. 5here the penalt%
imposed did not include the confscation of the goods involved, the
confscation S forfeiture of said goods would be an additional penalt% and
would amount to an increase of the penalt% alread% imposed, thereb%
placing the accused in double )eopard%.
when the accused has appealed, confscation and forfeiture not ordered b%
the trial court ma% be imposed b% the appellate court
the government canBt appeal the modifcation of a sentence if the
defendant did not appeal. +ut if the defendant appeals, it removes all bars
to the review and correction of the penalt% imposed b% the court below,
even if an increase thereof should be the result.
(rt2 <A2 Penalt! to e impose" $pon principals in general2 J The
penalt! prescrie" ! law for the commission of a felon! shall e
impose" $pon the principals in the commission of s$ch felon!2
-henever the law prescries a penalt! for a felon! is general
terms/ it shall e $n"erstoo" as applicale to the cons$mmate"
felon!2
Page | 81
$he penalt% prescribed b% law in general terms shall be imposed&
a upon the principals
b for consummated felon%
6ception& when the law fes a penalt% for the frustrated or attempted
felon%. 5henever it is believed that the penalt% lower b% one or two
degrees corresponding to said acts of eecution is not proportionate to the
wrong done, the law fes a distinct penalt% for the principal in the
frustrated or attempted felon%.
$he graduation of penalties refers to&
a stages of eecution ,consummated, frustrated, attempted-
b degree of the criminal participation of the o(ender ,principal,
accomplice, accessor%-
the division of a divisible penalt% ,min, med, ma- refers to the proper
period of the penalt% which should be imposed when aggravating or
mitigating circumstances attend the commission of the crime.
(rt2 <B2 *n what cases the "eath penalt! shall not e impose"2 J The
"eath penalt! shall e impose" in all cases in which it m$st e
impose" $n"er e&isting laws/ e&cept in the following cases:
32 -hen the g$ilt! person e more than sevent! !ears of age2
82 -hen $pon appeal or revision of the case ! the )$preme co$rt/
all the memers thereof are not $nanimo$s in their voting as to the
propriet! of the imposition of the "eath penalt!2 @or the imposition of
sai" penalt! or for the con?rmation of a :$"gment of the inferior
co$rt imposing the "eath sentence/ the )$preme Co$rt shall ren"er
its "ecision per c$riam/ which shall e signe" ! all :$stices of sai"
co$rt/ $nless some memer or memers thereof shall have een
"is#$ali?e" from ta4ing part in the consi"eration of the case/ in
which even the $nanimo$s vote an" signat$re of onl! the remaining
:$stices shall e re#$ire"2
whenever the )udgment of the lower court imposes the death penalt%, the
case shall be determined b% 1D )ustices of the court. 5hen 1D )ustices fail
to reach a decision ,as to the propriet% of the imposition of the death
penalt%-, the penalt% net lower in degree than the death penalt% shall be
imposed.
@eath penalt% not imposed in the ( cases&
a- when the person is more than PD %ears old at time .$/ sentenced him
b- when upon appeal or revision of the case b% the 0/, 1D )ustices are not
unanimous in their voting
c- when the o(ender is a minor under 1? %rs of age. 5h%= +ecause
minorit% is alwa%s a mitigating circumstance
Fustifcation for the death penalt%& social defense and eemplarit%. #ot
considered cruel and unusual because does not involve torture or lingering
death.
/rimes where death penalt% is imposed&
a- treason
b- certain acts of espionage under /ommonwealth Act A1A
Page | 82
c- correspondence wG hostile countr% when it contains notice or information
and the intention of the o(ender is to aid the enem%
d- *ualifed pirac%
e- certain violations of the Anti<subversion act
f- parricide
g- murder
h- kidnapping and serious illegal detention
i- robber% wG homicide
)- rape wG homicide
k- when death resulted from the commission of arson or other crime
involving destruction
trial court must re*uire the prosecution to present evidence, despite plea of
guilt%, when the crime charged is punished b% death. A sentence of death is
valid onl% if it is susceptible of a fair and reasonable eamination b% the
court. $his is impossible if no evidence of guilt was taken after a plea of
guilt%.
(rt2 <C2 Penalt! for comple& crimes2 J -hen a single act constit$tes
two or more grave or less grave felonies/ or when an ofense is a
necessar! means for committing the other/ the penalt! for the most
serio$s crime shall e impose"/ the same to e applie" in its
ma&im$m perio"2
$he 2 or more grave or less grave felonies must be the result of a single
act, or an o(ense must be a necessar% means to commit the crime.
/omple crime ! one crime onl% as there is onl% one criminal intent ! onl%
one information need be fled
2 kinds of comple crimes&
a- compound crime ! single act constitutes 2 or more grave or less grave
felonies
.e*uisites&
1- that onl% one single act is committed b% the o(ender
2- that the single act produces
a- 2 or more grave felonies
b- one or more grave and one or more less grave felonies
c- 2 or more less grave felonies
b- comple crime proper ! when an o(ense is a necessar% means for
committing another
.e*uisites&
1- that at least 2 o(enses are committed
2- that one or some of the o(enses must be necessar% to commit the
other
3- that both or all the o(enses must be punished under the same
statute
#o single act in the following cases&
a- 5hen 2 persons are killed one after the other, b% di(erent acts, although
these 2 killings were the result of a single criminal impulse, the di(erent
acts must be considered as distinct crimes.
Page | 83
b- 5hen the acts are wholl% di(erent, not onl% in themselves, but also
because the% are directed against 2 di(erent persons, as when one fres
his gun twice in succession, killing one and in)uring the other.
1ight felonies produced b% the same act should be treated and punished as
separate o(enses or ma% be absorbed b% the grave felon%.
6amples&
a- several light felonies resulting from one single act ! not comple
Fuan hit "edroBs car, resulting in several light in)uries and light felon% of
damage to propert%. #o comple crime because the crime of slight
ph%sical in)uries and damage to propert% are light felonies. $here are as
man% crimes as there are persons in)ured wG light ph%sical in)uries and as
man% penalties as there are light felonies committed, even though the%
are produced b% a single act of the o(ender.
b- when the crime is committed b% force or violence, slight ph%sical in)uries
are absorbed.
6amples of comple crimes&
a- Fuan was a baranga% captain who was killed while discharging his dut%,
the crime is a comple crime of homicide wG assault upon a person of
authorit%.
b- Fuan raped "etra, causing her ph%sical in)uries wGc re*uired a monthBs
worth of medical attention. $his is a comple crime of rape wG less
serious ph%sical in)uries. $he in)uries were necessar% to the commission
of the rape.
when in obedience to an order, several accused simultaneousl% shot man%
persons, without evidence how man% each killed, there is onl% a single
o(ense, there being a single criminal impulse.
when various acts are eecuted for the attainment of a single purpose wGc
constitutes an o(ense, such acts must be considered onl% as one o(ense.
6ample& Fuan falsifed 1DD warehouse receipts from April to Fune which
enabled him to swindle the bank of 1DD million. $hereBs onl% one comple
crime of estafa through multiple falsifcation of documents.
$here is no comple crime of arson wG homicide
Art 4? is applicable to crimes through negligence
6ample& Fuan lit a cigarette as he poured gas in the tank of his car in his
garage. $he gas caught fre and the house burned. ;is sister died and the
maid su(ered serious ph%sical in)uries. $he crimes of arson, homicide,
serious ph%sical in)uries and damage to propert% constitute a comple
crime. $here is onl% one penalt% but there are 3 civil liabilities.
#o comple crime when one of the o(enses is penali8ed b% a special law
6ample of comple crime proper ,at least 2 crimes must be committed-&
Iidnapping the victim to murder him in a secluded place ! ransom wasnBt
paid so victim was killed. Iidnapping was a necessar% means to commit
murder. +ut where the victim was taken from his home for the sole purpose
of killing him and not for detaining him illegall% or for the purpose of
ransom, the crime is simple murder.
N#ecessar% means: does not mean Nindispensable means:. 'ndispensable
would mean it is an element of the crime. $he crime can be committed b%
another mean. $he means actuall% emplo%ed ,another crime- was merel% to
facilitate and insure the consummation of the crime.
5hen in the defnition of a felon%, one o(ense is a means to commit the
other, there is no comple crime.
Page | 84
6. Murder committed b% means of fre. Murder can be *ualifed b% the
circumstance of fre so no comple crime even if Art 321 and 324 punishes
arson. 'tBs plain and simple murder.
#ot comple crime when trespass to dwelling is a direct means to commit a
grave o(ense. 1ike rape, there is no comple crime of trespass to dwelling
with rape. $respass will be considered as aggravating ,unlawful entr% or
breaking part of a dwelling-
#o comple crime when one o(ense is committed to conceal another
6ample& Fuan set the school on fre after committing homicide. 2 crimes.
5hen the o(ender had in his possession the funds wGc he misappropriated,
the falsifcation of a public or o3cial document involving said funds is a
separate o(ense. +ut when the o(ender had to falsif% a public or o3cial
document to obtain possession of the funds wGc he misappropriated, the
falsifcation is a necessar% means to commit the malversation.
$here is no comple crime of rebellion with murder, arson, robber% or other
common crimes. $he% are mere ingredients of the crime of rebellion !
absorbed alread%.
5hen 2 crimes produced b% a single act are respectivel% within the
eclusive )urisdiction of 2 courts of di(erent )urisdiction, the court of higher
)urisdiction shall tr% the comple crime.
6ample& Although the forcible abduction which was supposedl%
commenced in Manila was not proven, and although the rape which was
proven was actuall% committed in /avite, still the .$/ of Manila had
)urisdiction to convict the accused of rape. $he comple crime of forcible
abduction with rape was charged in the complaint on the basis of which the
case was tried.
Art. 4? is intended to favor the culprit.
$he penalt% for comple crime is the penalt% for the most serious crime, the
same to be applied in its maimum period. 'f the di(erent crimes resulting
from one single act are punished with the same penalt%, the penalt% for an%
one of them shall be imposed, the same to be applied in the maimum
period. $he same rule shall be observed when an o(ense is a necessar%
means to commit the other.
A comple crime of the second form ma% be committed b% two persons.
+ut when one of the o(enses, as a means to commit the other, was
committed b% one of the accused b% reckless imprudence, the accused who
committed the crime b% reckless imprudence is liable for his acts onl%.
6ample& Fuan cooperated in the commission of the comple o(ense of
estafa through falsifcation b% reckless imprudence b% acts without which it
could not have been accomplished, and this being a fact, there would be no
reason to eculpate him from liabilit%. 6ven assuming he had no intention to
defraud $omas if his co<defendants succeeded in attaining the purpose
sought b% the culprits, FuanBs participation together wG the participation of
his co<defendants in the commission of the o(ense completed all the
elements necessar% for the perpetration of the comple crime of estafa
through falsifcation of documents.
5hen two felonies constituting a comple crime are punishable b%
imprisonment and fne, respectivel%, onl% the penalt% of imprisonment shall
be imposed.
5hen a single act constitutes two grave or less grave or one grave and
another less grave, and the penalt% for one is imprisonment while that for
the other is fne, the severit% of the penalt% for the more serious crime
Page | 85
should not be )udged b% the classifcation of each of the penalties involved,
but b% the nature of the penalties.
6ample& 6ven if the fne for damage to propert% through reckless
imprudence is "4D,DDD, an aLictive penalt%, and the penalt% for the
ph%sical in)uries resulting from the same act is onl% 4 mos of arresto ma%or,
a correccional penalt% ma% be imposed.
'n the order of severit% of the penalties, arresto ma%or and arresto menor
are considered more severe than destierro and arresto menor is higher in
degree than destierro.
>ine is not included in the list of penalties in the order of severit% and it is
the last in the order.
Art 4? applies onl% to cases where the /ode doesnBt provide a specifc
penalt% for a comple crime.
Art 4? doesnBt appl% when the law provides one single penalt% for single
comple crimes like the (&
a- robber% wG homicide
b- robber% wG rape
c- kidnapping wG serious ph%sical in)uries
d- rape wG homicide
5hen a comple crime is charged and one o(ense is not proven, the
accused can be convicted of the other.
"luralit% of crimes ! consists in the successive eecution b% the same
individual of di(erent criminal acts upon an% of wGc no conviction has %et
been declared.
Iinds of pluralit% of crimes&
a- formal or ideal ! onl% one criminal liabilit%
b- real or material ! there are di(erent crimes in law as well as in the
conscience of the o(ender, in such cases, the o(ender shall be punished
for each and ever% o(ense that he committed.
6ample& Fuan stabbed "edro, then Fuan stabbed $omas too. $here are 2
committed as 2 acts were performed.
"1H.A1'$K 4> /.'M60 .6/'@'Q'0M
#o conviction of the crimes
committed
$here must be conviction b%
fnal )udgment of the frst prior
o(ense
>ormalGideal plural crimes are divided into 3 groups& ,a person committing
multiple crimes is punished wG one penalt% in the ( cases-
a- when the o(ender commits an% of the comple crimes defned in art 4?
b- when the law specifcall% fes a single penalt% for 2 or more o(enses
committed& robber% wG homicide, kidnapping wG serious ph%sical in)uires
c- when the o(ender commits continued crimes
/ontinued crimes ! 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 onl% one crime committed, so onl% one penalt% shall be imposed.
6amples of continued crimes&
a- a collector of a commercial frm misappropriates for his personal use
several amounts collected b% him from di(erent persons. $here is onl%
one crime because the di(erent and successive appropriations are but
the di(erent moments during which one criminal resolution arises.
Page | 86
b- Fuan stole 2 books belonging to 2 di(erent persons. ;e commits onl% one
crime because there is unit% of thought in the criminal purpose of the
o(ender.
A continued crime is not a comple crime as o(ender does not perform a
single act but a series of acts. $herefore&
a- penalt% not to be imposed in the maimum
b- no actual provision punishing a continued crime ! itBs a principle applied
in connection wG 2 or more crimes committed wG a single intention.
/ontinued crime is di(erent from a transitor% crime. $ransitor% crime is
Nmoving crime:.
6ample& kidnapping someone for ransom and moving him to another
venue. $he o(enders can be prosecuted and tried in either of the 2 areas.
.6A1GMA$6.A'A1 "1H.A1'$K /4#$'#H6@ /.'M6
$here is a series of acts
performed b% the o(ender
0ame
6ach act performed constitutes
a separate crime because each
act is generated b% a criminal
impulse
@i(erent acts constitute onl%
one crime because all of the
acts performed arise from one
criminal resolution.
(rt2 <62 Penalt! to e impose" $pon the principals when the crime
committe" is "iferent from that inten"e"2 J *n cases in which the
felon! committe" is "iferent from that which the ofen"er inten"e"
to commit/ the following r$les shall e oserve":
32 *f the penalt! prescrie" for the felon! committe" e higher
than that correspon"ing to the ofense which the acc$se" inten"e"
to commit/ the penalt! correspon"ing to the latter shall e impose"
in its ma&im$m perio"2
82 *f the penalt! prescrie" for the felon! committe" e lower than
that correspon"ing to the one which the acc$se" inten"e" to commit/
the penalt! for the former shall e impose" in its ma&im$m perio"2
72 The r$le estalishe" ! the ne&t prece"ing paragraph shall not
e applicale if the acts committe" ! the g$ilt! person shall also
constit$te an attempt or fr$stration of another crime/ if the law
prescries a higher penalt! for either of the latter ofenses/ in which
case the penalt! provi"e" for the attempte" or the fr$strate" crime
shall e impose" in its ma&im$m perio"2
Art 4M has reference to the provision in the 1
st
par of Art 4 which provides
that criminal liabilit% shall be incurred Nb% an% person committing a felon%
although the wrongful act done be di(erent from that which he intended:
Art 4M applicable onl% in cases when there is a mistake in identit% of the
victim of the crime and the penalt% for the crime committed is di(erent
from that for the crime intended to be committed.
Art 4M also has no application where a more serious conse*uence not
intended b% the o(ender befalls the same person.
6ample& Fuan onl% wanted to in2ict a wound upon "edro but because he
lost control of his right arm, he killed "edro. Art 4M not applicable.
Page | 87
A.$ 4M A.$ 4?
1esser penalt% to be imposed in
its maimum pd
"enalt% for the more serious
crime shall be imposed in its
maimum pd
#otes&
1. Art. 4M has reference to Art. 4,1-. 't applies onl% when there is error in
personae2
2. 'n Art. 4M ,"aragraphs 1 and 2- the lower penalt% in its maimum period is
alwa%s imposed.
3. 'n "ar. 3 the penalt% for the attempted or frustrated crime shall be imposed
in its maimum period. $his rule is not necessar% and ma% well be covered
b% Art. 4?, in view of the fact that the same act also constitutes an attempt
or a frustration of another crime.
(rt2 >F2 Penalt! to e impose" $pon principals of a fr$strate"
crime2 J The penalt! ne&t lower in "egree than that prescrie" !
law for the cons$mmate" felon! shall e impose" $pon the principal
in a fr$strate" felon!2
(rt2 >32 Penalt! to e impose" $pon principals of attempte" crimes2
J ( penalt! lower ! two "egrees than that prescrie" ! law for the
cons$mmate" felon! shall e impose" $pon the principals in an
attempt to commit a felon!2
(rt2 >82 Penalt! to e impose" $pon accomplices in cons$mmate"
crime2 J The penalt! ne&t lower in "egree than that prescrie" !
law for the cons$mmate" shall e impose" $pon the accomplices in
the commission of a cons$mmate" felon!2
(rt2 >72 Penalt! to e impose" $pon accessories to the commission
of a cons$mmate" felon!2 J The penalt! lower ! two "egrees than
that prescrie" ! law for the cons$mmate" felon! shall e impose"
$pon the accessories to the commission of a cons$mmate" felon!2
(rt2 ><2 Penalt! to impose" $pon accomplices in a fr$strate"
crime2 J The penalt! ne&t lower in "egree than prescrie" ! law for
the fr$strate" felon! shall e impose" $pon the accomplices in the
commission of a fr$strate" felon!2
(rt2 >>2 Penalt! to e impose" $pon accessories of a fr$strate"
crime2 J The penalt! lower ! two "egrees than that prescrie" !
law for the fr$strate" felon! shall e impose" $pon the accessories
to the commission of a fr$strate" felon!2
(rt2 >A2 Penalt! to e impose" $pon accomplices in an attempte"
Page | 88
crime2 J The penalt! ne&t lower in "egree than that prescrie" !
law for an attempt to commit a felon! shall e impose" $pon the
accomplices in an attempt to commit the felon!2
(rt2 >B2 Penalt! to e impose" $pon accessories of an attempte"
crime2 J The penalt! lower ! two "egrees than that prescrie" !
law for the attempte" felon! shall e impose" $pon the accessories
to the attempt to commit a felon!2
Application of Article 9D to 9P
"articipation /onsummated >rustrated Attempted
"rincipal "enalt% imposed
b% law
1 less 2 less
Accomplice
1 less 2 less 3 less
Accessor%
2 less 3 less 4 less
#otes&
Art 9D<9P not applicable when the law specifcall% prescribes the penalt% for
the frustrated and attempted felon% or that to be imposed upon the
accomplices and accessories.
@egree ! one whole penalt%, one entire penalt% or one unit of the penalties
enumerated in the graduated scales provided for in Art P1
"eriod ! one of 3 e*ual portions, minGmedGma of a divisible penalt%. A
period of a divisible penalt% when prescribed b% the /ode as a penalt% for a
felon%, is in itself a degree.
@istinctions between @egree and "eriod
@egree "eriod
.efers to the penalt% imposable
for a felon% committed
considering the stages of
eecution and the degree of
participation of the o(ender
.efers to the duration of the
penalt% consisting of the
maimum, medium, and
minimum, after considering the
presence or absence of
aggravating circumstances
Ma% refer to both divisible and
indivisible penalties
.efers onl% to divisible penalties
$he rules provided in Arts. 93, 99 and 9P do not appl% if the felon% is light
because accessories are not liable for the same
+ases for imposition of the penalt% under the ."/
a. 0tage of the commission of the crime
1. "articipation of the persons liable
2. "resence of aggravating or mitigating circumstances
(rt2 >C2 (""itional penalt! to e impose" $pon certain
accessories2 J Those accessories falling within the terms of
paragraphs 7 of (rticle 36 of this Co"e who sho$l" act with a$se of
Page | 89
their p$lic f$nctions/ shall s$fer the a""itional penalt! of asol$te
perpet$al "is#$ali?cation if the principal ofen"er shall e g$ilt! of a
grave felon!/ an" that of asol$te temporar! "is#$ali?cation if he
shall e g$ilt! of a less grave felon!2
Art is limited onl% to grave and less grave felonies since it is not possible to
have accessories liable for light felonies. 't is further limited to those whose
participation in the crime is characteri8ed b% the misuse of public o3ce or
authorit%.
6ample& a- A ma%or aided a friend, a wanted criminal, in escaping
b- A senator gives protection to his )ueteng lord friend
Additional "enalties for "ublic 43cers who are accessories
1. Absolute perpetual dis*ualifcation, if the principal o(ender is guilt% of a
grave felon%.
2. Absolute temporar% dis*ualifcation if the principal o(ender is guilt% of
less grave felon%
(rt2 >62 Penalt! to e impose" in case of fail$re to commit the crime
eca$se the means emplo!e" or the aims so$ght are impossile2 J
-hen the person inten"ing to commit an ofense has alrea"!
performe" the acts for the e&ec$tion of the same $t nevertheless
the crime was not pro"$ce" ! reason of the fact that the act
inten"e" was ! its nat$re one of impossile accomplishment or
eca$se the means emplo!e" ! s$ch person are essentiall!
ina"e#$ate to pro"$ce the res$lt "esire" ! him/ the co$rt/ having in
min" the social "anger an" the "egree of criminalit! shown ! the
ofen"er/ shall impose $pon him the penalt! of arresto ma!or or a
?ne from 8FF to >FF pesos2
+asis for the imposition of proper penalt% in impossible crimes& social
danger and degree of criminalit% shown b% the o(ender.
6ample& Fuan fred a revolver at "edro at the distance of 2 kilometers. $his
shoes stupidit% rather than danger. Fuan should not be punished as there is
no social danger nor degree of criminalit%.
+ut if Fuan was a convicted felon, act ma% be punished.
Article limited to those cases of grave and less grave felonies.
(rt2 AF2 E&ception to the r$les estalishe" in (rticles >F to >B2 J
The provisions containe" in (rticles >F to >B/ incl$sive/ of this Co"e
shall not e applicale to cases in which the law e&pressl! prescries
the penalt! provi"e" for a fr$strate" or attempte" felon!/ or to e
impose" $pon accomplices or accessories2
2 cases wherein the accomplice is punished wG the same penalt% imposed
upon the principal
a- ascendants, guardians, curators, teachers and an% person who b% abuse
of authorit% or confdential relationship shall cooperate as accomplices in
the crimes of rape, acts of lasciviousness, seduction, corruption of
minors, white slave trade or abduction.
Page | 90
b- one who furnished the place for the perpetration of the crime of slight
illegal detention.
Accessor% punished as principal& Art 142 ! punishes an accessor% for
knowingl% concealed certain evil practices.
/ases when instead of a penalt% 2 degrees lower, one degree for accessor%&
a- knowingl% using counterfeited seal or forged signature or stamp of the
"resident
b- illegal possession and use of false treasur% or bank note
c- using a falsifed document
d- using a falsifed dispatch
(rt2 A32 ,$les for gra"$ating penalties2 J @or the p$rpose of
gra"$ating the penalties which/ accor"ing to the provisions of
(rticles >F to >B/ incl$sive/ of this Co"e/ are to e impose" $pon
persons g$ilt! as principals of an! fr$strate" or attempte" felon!/ or
as accomplices or accessories/ the following r$les shall e oserve":
32 -hen the penalt! prescrie" for the felon! is single an"
in"ivisile/ the penalt! ne&t lower in "egrees shall e that
imme"iatel! following that in"ivisile penalt! in the respective
gra"$ate" scale prescrie" in (rticle B3 of this Co"e2
82 -hen the penalt! prescrie" for the crime is compose" of two
in"ivisile penalties/ or of one or more "ivisile penalties to e
impose to their f$ll e&tent/ the penalt! ne&t lower in "egree shall e
that imme"iatel! following the lesser of the penalties prescrie" in
the respective gra"$ate" scale2
72 -hen the penalt! prescrie" for the crime is compose" of one or
two in"ivisile penalties an" the ma&im$m perio" of another
"ivisile penalt!/ the penalt! ne&t lower in "egree shall e compose"
of the me"i$m an" minim$m perio"s of the proper "ivisile penalt!
an" the ma&im$m perio"s of the proper "ivisile penalt! an" the
ma&im$m perio" of that imme"iatel! following in sai" respective
gra"$ate" scale2
<2 when the penalt! prescrie" for the crime is compose" of
several perio"s/ correspon"ing to "iferent "ivisile penalties/ the
penalt! ne&t lower in "egree shall e compose" of the perio"
imme"iatel! following the minim$m prescrie" an" of the two ne&t
following/ which shall e ta4en from the penalt! prescrie"/ if
possile; otherwise from the penalt! imme"iatel! following in the
aove mentione" respective gra"$ate" scale2
>2 -hen the law prescries a penalt! for a crime in some manner
not especiall! provi"e" for in the fo$r prece"ing r$les/ the co$rts/
procee"ing ! analog!/ shall impose correspon"ing penalties $pon
those g$ilt! as principals of the fr$strate" felon!/ or of attempt to
commit the same/ an" $pon accomplices an" accessories2
$he rules provided in this Art should also appl% in determining the minimum
of the 'ndeterminate 0entence 1aw ,'01-. 't also applies in lowering the
penalt% b% one or two degrees b% reason of the presence of the privileged
mitigating circumstance or when the penalt% is divisible and there are two
or more mitigating circumstances.
Page | 91
Gra"$ate" )cale in (rt B3
'ndivisible "enalties&
a- @eath
b- .eclusion "erpetua
@ivisible "enalties&
a- .eclusion $emporal
b- "rision Ma%or
c- "rision /orreccional
d- Arresto Ma%or
e- @estierro
f- Arresto Menor
g- "ublic /ensure
h- >ine
#ule $o. -+
5hen the penalt% is single and indivisible ,e. ."-, the penalt% net lower
shall be reclusion temporal.
#ule $o. /+
a- when the penalt% is composed of two indivisible penalties
6. penalt% for parricide is reclusion perpetua to death, the net lower
penalt% is reclusion temporal
b- when the penalt% is composed of one or more divisible penalties to be
imposed to their full etent
6. one divisible penalt% is reclusion temporal. $he penalt% immediatel%
following .$ is prision ma%or. 2 divisible penalties are prision correccional
to prision ma%or. $he penalt% immediatel% preceding the lesser of the
penalties of prision correccional to prision ma%or is arresto ma%or.
#ule $o. &+
5hen the penalt% is composed of 2 indivisible penalties and the maimum
period of a divisible penalt%G or when composed of one divisible penalt% the
maimum of one divisible penalt%
6. penalt% for murder is reclusion temporal to death. $he point of
reference will be on the proper divisible penalt% which is reclusion
temporal. Hnder the 3
rd
rule, the penalt% net lower to reclusion temporal
is composed of the medium and minimum periods of reclusion temporal
and the maimum of prision ma%or.
#ule $o.G+
5hen the penalt% is composed of several periods
6. the Nseveral: periods contemplated in this rule correspond to
di(erent divisible penalties. A penalt% of prision ma%or in its medium
period to reclusion temporal in its minimum period is an eample of
such. $he penalt% immediatel% following the minimum of the entire
sentence, which is prision ma%or medium, is prision ma%or in its
minimum and the 2 periods net following, which are prision correccional
ma and medium.
#ule $o.2+
Page | 92
5hen the penalt% has onl% 2 periods
6. Abduction punishable b% prision correccional in its medium and
minimum. $he net penalt% following is formed b% 2 periods to be taken
from the same penalt% if possible or from the periods of the penalt%
numericall% following the lesser of the penalties prescribed. $he penalt%
net following prision correccional in its med and min shall be arresto
ma%or in its med and ma.
Mitigating and Aggravating circumstances are frst disregarded in the
application of the rules for graduating penalties. 't is onl% after the penalt%
net lower in degree is alread% determined that the mitigating and
aggravating circumstances should be considered.
(rt2 A82 Efect of the atten"ance of mitigating or aggravating
circ$mstances an" of hait$al "elin#$enc!2 J %itigating or
aggravating circ$mstances an" hait$al "elin#$enc! shall e ta4en
into acco$nt for the p$rpose of "iminishing or increasing the penalt!
in conformit! with the following r$les:
32 (ggravating circ$mstances which in themselves constit$te a
crime speciall! p$nishale ! law or which are incl$"e" ! the law in
"e?ning a crime an" prescriing the penalt! therefor shall not e
ta4en into acco$nt for the p$rpose of increasing the penalt!2
82 The same r$le shall appl! with respect to an! aggravating
circ$mstance inherent in the crime to s$ch a "egree that it m$st of
necessit! accompan! the commission thereof2
72 (ggravating or mitigating circ$mstances which arise from the
moral attri$tes of the ofen"er/ or from his private relations with the
ofen"e" part!/ or from an! other personal ca$se/ shall onl! serve to
aggravate or mitigate the liailit! of the principals/ accomplices an"
accessories as to whom s$ch circ$mstances are atten"ant2
<2 The circ$mstances which consist in the material e&ec$tion of the
act/ or in the means emplo!e" to accomplish it/ shall serve to
aggravate or mitigate the liailit! of those persons onl! who ha"
4nowle"ge of them at the time of the e&ec$tion of the act or their
cooperation therein2
>2 1ait$al "elin#$enc! shall have the following efects2
(a) 0pon a thir" conviction the c$lprit shall e sentence" to the
penalt! provi"e" ! law for the last crime of which he e fo$n" g$ilt!
an" to the a""itional penalt! of prision correccional in its me"i$m
an" ma&im$m perio"s;
() 0pon a fo$rth conviction/ the c$lprit shall e sentence" to the
penalt! provi"e" for the last crime of which he e fo$n" g$ilt! an" to
the a""itional penalt! of prision ma!or in its minim$m an" me"i$m
perio"s; an"
(c) 0pon a ?fth or a""itional conviction/ the c$lprit shall e
sentence" to the penalt! provi"e" for the last crime of which he e
fo$n" g$ilt! an" to the a""itional penalt! of prision ma!or in its
ma&im$m perio" to recl$sion temporal in its minim$m perio"2
Notwithstan"ing the provisions of this article/ the total of the two
penalties to e impose" $pon the ofen"er/ in conformit! herewith/
shall in no case e&cee" 7F !ears2
@or the p$rpose of this article/ a person shall e "eeme" to e
hait$al "elin#$ent/ is within a perio" of ten !ears from the "ate of
Page | 93
his release or last conviction of the crimes of serio$s or less serio$s
ph!sical in:$ries/ roo/ h$rto estafa or falsi?cation/ he is fo$n" g$ilt!
of an! of sai" crimes a thir" time or oftener2
"ar 1& Aggravating circumstances are not to be taken into account when&
a- the% themselves constitute a crime
6. b% Nmeans of fre: ! arson
b- the% are included b% law in the defnition of a crime
"ar 2& 0ame rules applies when the aggravating circumstance is inherent in
the crime
"ar 3. Aggravating or mitigating circumstances arising from an% of the (
a(ect onl% those to whom such circumstances are attendant&
a- from the moral attributes of the o(ender
b- from his private relations wG the o(ended part%
c- from an% other personal cause
"ar 4& the circumstances wGc consist of the ( shall serve to aggravate and
mitigate the liabilit% onl% of those who had knowledge of them at the time
of the commission of the o(ense
a- material eecution of the act
b- means emplo%ed to accomplish the crime
"ar 9& ;abitual @elin*uent is a person who within the period of 1D %ears
from the date of his ,last- release or last conviction of the crimes of&
a- serious or less serious ph%sical in)uries
b- robber%
c- estafa
d- falsifcation
is found guilt% of an% of the said crimes a third time or oftener.
$en %ear period to be computed from the time of last release or conviction
0ubse*uent crime must be committed after conviction of the former crime.
/ases still pending are not to be taken into consideration.
;A+'$HA1 @61'#RH6#/K .6/'@'Q'0M
/rimes to be committed are
specifed
0ame title
5G in 1D %ears #o time fed b% law
Must be found guilt% 3
rd
time or
oftener
0econd conviction
Additional penalt% is imposed 's not o(set b% M/, increases
penalt% to maimum
.ulings on ;abitual @elin*uenc%&
a- the law on habitual delin*uenc% does not contemplate the eclusion from
the computation of prior conviction those falling outside the 1D %r pd
immediatel% preceding the crime for wGc the defendant is being tried
b- ten %r pd is counted not from the date of commission of the subse*uent
o(ense but to the date of conviction thereof in relation to the date of his
last release or last conviction
c- when an o(ender has committed several crimes mentioned in the
defnition of habitual delin*uent, without being frst convicted of an% of
them before committing the others, he is not a habitual delin*uent
Page | 94
d- convictions on the same da% or at about the same time are considered as
one onl% ,da%s, weeks..-
e- crimes committed on the same date, although convictions on di(erent
dates are considered as one
f- previous convictions are considered ever% time a new o(ense is
committed
g- commissions of those crimes need not be consummated
h- habitual delin*uenc% applies to accomplice and accessories as long as in
the crimes specifed
i- a crime committed in the minorit% of the o(ender is not counted
)- imposition of additional penalt% is mandator% and constitutional
k- modif%ing circumstances applicable to additional penalt%
l- habitual delin*uenc% is not a crime, it is simpl% a fact or circumstance
which if present gives rise to the imposition of additional penalt%
m- penalt% for habitual delin*uenc% is a real penalt% that determines
)urisdiction
n- a habitual delin*uent is necessaril% a recidivist
o- in imposing the additional penalt%, recidivism is not aggravating. $he
additional penalt% must be imposed in its minimum
p- an o(ender can be a habitual delin*uent wGo being a recidivist
$otes+
'n no case shall be the total penalties imposed upon the o(ender eceed
3D %ears
$he law does not appl% to crimes described in Art. 199
$he imposition of the additional penalties on habitual delin*uents are
constitutional, it is simpl% a punishment on future crimes on account of the
criminal propensities of the accused.
$he imposition of such additional penalties are mandator%.
;abitual delin*uenc% applies at an% stage of the eecution because
sub)ectivel%, the o(ender reveals the same degree of depravit% or
perversit% as the one who commits a consummated crime.
;abitual delin*uenc% applies to all participants because it reveals
persistence in them of the inclination to wrongdoing and of the perversit% of
character that led them to commit the previous crime.
/ases where the attending aggravating or mitigating circumstances are not
considered in the imposition of penalties.
"enalt% that is single and indivisible
>elonies through negligence
"enalt% is a fne
"enalt% is prescribed b% a special law
(rt2 A72 ,$les for the application of in"ivisile penalties2 J *n all
cases in which the law prescries a single in"ivisile penalt!/ it shall
e applie" ! the co$rts regar"less of an! mitigating or aggravating
circ$mstances that ma! have atten"e" the commission of the "ee"2
*n all cases in which the law prescries a penalt! compose" of two
in"ivisile penalties/ the following r$les shall e oserve" in the
application thereof:
Page | 95
32 -hen in the commission of the "ee" there is present onl! one
aggravating circ$mstance/ the greater penalt! shall e applie"2
82 -hen there are neither mitigating nor aggravating
circ$mstances an" there is no aggravating circ$mstance/ the lesser
penalt! shall e applie"2
72 -hen the commission of the act is atten"e" ! some mitigating
circ$mstances an" there is no aggravating circ$mstance/ the lesser
penalt! shall e applie"2
<2 -hen oth mitigating an" aggravating circ$mstances atten"e"
the commission of the act/ the co$rt shall reasonal! allow them to
ofset one another in consi"eration of their n$mer an" importance/
for the p$rpose of appl!ing the penalt! in accor"ance with the
prece"ing r$les/ accor"ing to the res$lt of s$ch compensation2
Art A3 applies onl% when the penalt% prescribed b% the /ode is either one
indivisible penalt% or 2 indivisible penalties
5hen the penalt% is composed of 2 indivisible penalties, the penalt% cannot
be lowered b% one degree no matter how man% mitigating circumstances
are present
6ception& in cases of privileged mitigating circumstances
"ar.4& the moral value rather than the numerical weight shall be taken into
account
.ules for the application of indivisible penalties
"enalt% is single and indivisible ! applied regardless of the presence of
aggravating and mitigating circumstances
"enalt% composed of two indivisible penalties
1. 4ne aggravating circumstance present ! higher penalt%
2. 4ne mitigating circumstance present ! lower penalt%
3. 0ome mitigating circumstances present and no aggravating ! lower
penalt%
4. Mitigating and Aggravating /ircumstance are present ! basis in
number and importance
(rt2 A<2 ,$les for the application of penalties which contain three
perio"s2 J *n cases in which the penalties prescrie" ! law contain
three perio"s/ whether it e a single "ivisile penalt! or compose" of
three "iferent penalties/ each one of which forms a perio" in
accor"ance with the provisions of (rticles BA an" BB/ the co$rt shall
oserve for the application of the penalt! the following r$les/
accor"ing to whether there are or are not mitigating or aggravating
circ$mstances:
32 -hen there are neither aggravating nor mitigating
circ$mstances/ the! shall impose the penalt! prescrie" ! law in its
me"i$m perio"2
82 -hen onl! a mitigating circ$mstances is present in the
commission of the act/ the! shall impose the penalt! in its minim$m
perio"2
72 -hen an aggravating circ$mstance is present in the commission
of the act/ the! shall impose the penalt! in its ma&im$m perio"2
Page | 96
<2 -hen oth mitigating an" aggravating circ$mstances are
present/ the co$rt shall reasonal! ofset those of one class against
the other accor"ing to their relative weight2
>2 -hen there are two or more mitigating circ$mstances an" no
aggravating circ$mstances are present/ the co$rt shall impose the
penalt! ne&t lower to that prescrie" ! law/ in the perio" that it
ma! "eem applicale/ accor"ing to the n$mer an" nat$re of s$ch
circ$mstances2
A2 -hatever ma! e the n$mer an" nat$re of the aggravating
circ$mstances/ the co$rts shall not impose a greater penalt! than
that prescrie" ! law/ in its ma&im$m perio"2
B2 -ithin the limits of each perio"/ the co$rt shall "etermine the
e&tent of the penalt! accor"ing to the n$mer an" nat$re of the
aggravating an" mitigating circ$mstances an" the greater an" lesser
e&tent of the evil pro"$ce" ! the crime2
Art A4 applies when the penalt% has 3 periods because the% are divisible. 'f
the penalt% is composed of 3 di(erent penalties, each forms a period
according to Art PP
"ar 4& the mitigating circumstances must be ordinar%, not privileged. $he
aggravating circumstances must be generic or specifc, not *ualif%ing or
inherent.
6ample& a *ualif%ing circumstance ,treacher%- cannot be o(set b% a
generic mitigating circumstance ,voluntar% circumstance-
$he court has discretion to impose the penalt% within the limits fed b% law
Art A4 not applicable when the penalt% is indivisible or prescribed b% special
law or a fne
.ules for the application of divisible penalties
#o aggravating and no mitigating circumstances ! medium period
4ne mitigating circumstance ! minimum period
4ne aggravating circumstance ! maimum period
Mitigating and aggravating circumstance o o(set each other and
according to relative weight
2 or more mitigating without an% aggravating circumstance ! on degree
lower
(rt2 A>2 ,$le in cases in which the penalt! is not compose" of three
perio"s2 J *n cases in which the penalt! prescrie" ! law is not
compose" of three perio"s/ the co$rts shall appl! the r$les containe"
in the foregoing articles/ "ivi"ing into three e#$al portions of time
incl$"e" in the penalt! prescrie"/ an" forming one perio" of each of
the three portions2
3BFP1TAT:B$0+
". 8xample% rision ,a&or '9 &rs, 3 da& to 3: &rs(
3)s$tract the minim$m ("isregar" 3 "a!) from the ma&im$m
12%rs ! A%rs X A %rs
8)"ivi"e the "iference ! 7
A %rs G 3 X 2 %rs
Page | 97
7)$se the minim$m (A !rs an" 3 "a!) as the minim$m of the
minim$m perio"2 Then a"" the 8 !rs ("isregar"ing the 3 "a!) to
the minim$m to get the ma&im$m of the minim$m
A %rs ,minimum of the minimum-
Y 2 %rs ,di(erence-
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<
? %rs ,maimum of the minimum-.
$herefore, minimum period of prision ma%or7 A %rs 1 da% to ? %rs
<)$se the ma&im$m of the minim$m perio" as the minim$m of the
me"i$m perio" an" a"" 3 "a! to "isting$ish from the minim$m
perio"2 Then a"" 8 !ears to the minim$m of the me"i$m
("isregar"ing the 3 "a!) to get the ma&im$m of the me"i$m
perio"2
? %rs ,minimum of the medium-
Y 2 %rs ,di(erence-
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<
1D %rs ,maimum of the medium-
$herefore, medium period of prision ma%or7 ? %rs 1 da% to 1D %rs
>)$se the ma&im$m of the me"i$m perio" as the minim$m of the
ma&im$m p"/ a"" 3 "a! to "isting$ish it from the me"i$m perio"2
Then a"" 8 !rs to the minim$m of the ma&im$m p" ("isregar"ing
the 3 "a!) to get the ma&im$m of the ma&im$m perio")
1D %rs ,maimum of the medium-
Y 2 %rs ,di(erence-
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<
12 %rs ,maimum of the maimum-
$herefore, maimum period of prision ma%or7 1D %rs 1 da% to 12 %rs
/omputation above applicable to all others ecept arresto ma%or
;. 8xample% rision ,a&or minimum '9 &rs 3 da& to < &rs( onl&
3))$tract minim$m from the ma&im$m
?%rs ! A%rs X 2 %rs
8).ivi"e the "iference ! 7
2%rs G 3 X ? months
7)0se the minim$m of the given e&ample as the minim$m perio"2
Then to get to get the ma&im$m of the minim$m/ a"" the C months
A %rs Y ? months X A %rs and ? months
$herefore, minimum of prision ma%or minimum7 A %rs 1 da% to A %rs ? months
<)0se the ma&im$m of the minim$m as the minim$m of the me"i$m
perio"2 ("" 3 "a! to "isting$ish it from the ma&im$m of the
minim$m2 ("" the C months an" this ecomes the ma&im$m of the
me"i$m
A %rs ? months Y ? months X P %rs 4 months
$herefore, the medium period of prision ma%or minimum7 A %rs ? mos 1 da% to
P %rs 4 mos
>)0se the ma&im$m of the me"i$m as the minim$m perio" of the
ma&im$m perio" an" a"" 3 "a! to "isting$ish2 ("" the C months to
get the ma&im$m of this ma&im$m
Page | 98
P %rs 4 mos Y ? mos X ? %rs
$herefore, maimum of prision ma%or7 P %rs 4 mos 1 da% to ? %rs
(rt2 AA2 *mposition of ?nes2 J *n imposing ?nes the co$rts ma! ?&
an! amo$nt within the limits estalishe" ! law; in ?&ing the amo$nt
in each case attention shall e given/ not onl! to the mitigating an"
aggravating circ$mstances/ $t more partic$larl! to the wealth or
means of the c$lprit2
/ourt must consider the following in imposing the fne&
a- mitigating and aggravating circumstances
b- the wealth and means of the culprit
5hen the minimum of the fne is not fed, the court shall have the
discretion provided it does not eceed the amount authori8ed b% law
(rt2 AB2 Penalt! to e impose" when not all the re#$isites of
e&emption of the fo$rth circ$mstance of (rticle 38 are present2J
-hen all the con"itions re#$ire" in circ$mstances N$mer < of
(rticle 38 of this Co"e to e&empt from criminal liailit! are not
present/ the penalt! of arresto ma!or in its ma&im$m perio" to
prision correccional in its minim$m perio" shall e impose" $pon the
c$lprit if he shall have een g$ilt! of a grave felon!/ an" arresto
ma!or in its minim$m an" me"i$m perio"s/ if of a less grave felon!2
.e*uisites of Art 12 par 4
a- act causing the in)ur% must be lawful
b- act performed wG due care
c- in)ur% was caused b% mere accident
d- no fault or intention to cause in)ur%
if these conditions are not all present, then the ( penalties shall be
imposed&
a- grave felon% ! arresto ma%or ma to prision correccional min
b- less grave felon% ! arresto ma%or min to arresto ma%or med
(rt2 AC2 Penalt! to e impose" $pon a person $n"er eighteen !ears
of age2 J -hen the ofen"er is a minor $n"er eighteen !ears an" his
case is one coming $n"er the provisions of the paragraphs ne&t to
the last of (rticle CF of this Co"e/ the following r$les shall e
oserve":
32 0pon a person $n"er ?fteen $t over nine !ears of age/ who is
not e&empte" from liailit! ! reason of the co$rt having "eclare"
that he acte" with "iscernment/ a "iscretionar! penalt! shall e
impose"/ $t alwa!s lower ! two "egrees at least than that
prescrie" ! law for the crime which he committe"2
82 0pon a person over ?fteen an" $n"er eighteen !ears of age the
penalt! ne&t lower than that prescrie" ! law shall e impose"/ $t
alwa!s in the proper perio"2
$otes+
Page | 99
Art. A? applies to such minor if his application for suspension of sentence is
disapproved or if while in the reformator% institution he becomes
incorrigible in which case he shall be returned to the court for the
imposition of the proper penalt%.
Art. A? provides for 2 privileged mitigating circumstances
'f the act is attended b% two or more mitigating circumstance and no
aggravating circumstance, the penalt% being divisible a minor over 19 but
under 1? ma% still get a penalt% two degrees lower.
under 19 but over M and has acted wG discretion& 2 degrees lower
under 1? but over 19& 1 degree lower
(rt2 A62 Penalt! to e impose" when the crime committe" is not
wholl! e&c$sale2 J ( penalt! lower ! one or two "egrees than that
prescrie" ! law shall e impose" if the "ee" is not wholl!
e&c$sale ! reason of the lac4 of some of the con"itions re#$ire" to
:$stif! the same or to e&empt from criminal liailit! in the several
cases mentione" in (rticle 33 an" 38/ provi"e" that the ma:orit! of
s$ch con"itions e present2 The co$rts shall impose the penalt! in
the perio" which ma! e "eeme" proper/ in view of the n$mer an"
nat$re of the con"itions of e&emption present or lac4ing2
"enalt% to be imposed when the crime committed is not wholl% ecusable
1 or 2 degrees lower if the ma)orit% of the conditions for )ustifcation or
eemption in the cases provided in Arts. 11 and 12 are present.
(rt2 BF2 )$ccessive service of sentence2 J -hen the c$lprit has to
serve two or more penalties/ he shall serve them sim$ltaneo$sl! if
the nat$re of the penalties will so permit otherwise/ the following
r$les shall e oserve":
*n the imposition of the penalties/ the or"er of their respective
severit! shall e followe" so that the! ma! e e&ec$te" s$ccessivel!
or as nearl! as ma! e possile/ sho$l" a par"on have een grante"
as to the penalt! or penalties ?rst impose"/ or sho$l" the! have een
serve" o$t2
@or the p$rpose of appl!ing the provisions of the ne&t prece"ing
paragraph the respective severit! of the penalties shall e
"etermine" in accor"ance with the following scale:
32 .eath/
82 ,ecl$sion perpet$a/
72 ,ecl$sion temporal/
<2 Prision ma!or/
>2 Prision correccional/
A2 (rresto ma!or/
B2 (rresto menor/
C2 .estierro/
62 Perpet$al asol$te "is#$ali?cation/
3F Temporal asol$te "is#$ali?cation2
332 )$spension from p$lic o=ce/ the right to vote an" e vote" for/
the right to follow a profession or calling/ an"
382 P$lic cens$re2
Notwithstan"ing the provisions of the r$le ne&t prece"ing/ the
ma&im$m "$ration of the convictLs sentence shall not e more than
Page | 100
threeEfol" the length of time correspon"ing to the most severe of the
penalties impose" $pon him2 No other penalt! to which he ma! e
liale shall e inKicte" after the s$m total of those impose" e#$als
the same ma&im$m perio"2
)$ch ma&im$m perio" shall in no case e&cee" fort! !ears2
*n appl!ing the provisions of this r$le the "$ration of perpet$al
penalties ( pena perpet$a) shall e comp$te" at thirt! !ears2 ((s
amen"e")2
Maimum duration of the convictBs sentence& 3 times the most severe
penalt%
Ma period shall not eceed 4D %ears
0ubsidiar% imprisonment ! this shall be ecluded in computing for the
maimum duration
6ample& Fuan has 1D sentences of A months and 1 da% each and a fne of
1DDD. ;e was not able to pa% the fne. $herefore, he must serve subsidiar%
penalt% after 1? months and 3 da%s in )ail.
(rt2 B32 Gra"$ate" scales2 J *n the case in which the law prescrie"
a penalt! lower or higher ! one or more "egrees than another given
penalt!/ the r$les prescrie" in (rticle A3 shall e oserve" in
gra"$ating s$ch penalt!2
The lower or higher penalt! shall e ta4en from the gra"$ate" scale
in which is comprise" the given penalt!2
The co$rts/ in appl!ing s$ch lower or higher penalt!/ shall oserve
the following gra"$ate" scales:
)C(LE NO2 3
32 .eath/
82 ,ecl$sion perpet$a/
72 ,ecl$sion temporal/
<2 Prision ma!or/
>2 Prision correccional/
A2 (rresto ma!or/
B2 .estierro/
C2 (rresto menor/
62 P$lic cens$re/
3F2 @ine2
)C(LE NO2 8
32 Perpet$al asol$te "is#$ali?cation/
82 Temporal asol$te "is#$ali?cation
72 )$spension from p$lic o=ce/ the right to vote an" e
vote" for/ the right to follow a profession or calling/
<2 P$lic cens$re/
>2 @ine2
(rt2 B82 Preference in the pa!ment of the civil liailities2 J The civil
liailities of a person fo$n" g$ilt! of two or more ofenses shall e
satis?e" ! following the chronological or"er of the "ates of the
:$"gments ren"ere" against him/ eginning with the ?rst in or"er of
time2
the penalties shall be satisfed according to the scale of Art PD
Page | 101
(rt2 B72 Pres$mption in regar" to the imposition of accessor!
penalties2 J -henever the co$rts shall impose a penalt! which/ !
provision of law/ carries with it other penalties/ accor"ing to the
provisions of (rticles <F/ <3/ <8/ <7 an" << of this Co"e/ it m$st e
$n"erstoo" that the accessor! penalties are also impose" $pon the
convict2
subsidiar% penalties are deemed imposed. ;owever, the subsidiar%
imprisonment must be epressl% stated in the decision.
(rt2 B<2 Penalt! higher than recl$sion perpet$a in certain cases2 J
*n cases in which the law prescries a penalt! higher than another
given penalt!/ witho$t speciall! "esignating the name of the former/
if s$ch higher penalt! sho$l" e that of "eath/ the same penalt! an"
the accessor! penalties of (rticle <F/ shall e consi"ere" as the ne&t
higher penalt!2
if the decision or law sa%s higher than ." or 2 degrees than .$, then the
penalt% imposed is ." or .$ as the case ma% be. @eath must be designated
b% name. ;owever, for the other penalties, this does not appl%.
6ample& the penalt% for crime C is 2 degrees lower than .". $he penalt%
imposed is prision ma%or.
(rt2 B>2 *ncreasing or re"$cing the penalt! of ?ne ! one or more
"egrees2 J -henever it ma! e necessar! to increase or re"$ce the
penalt! of ?ne ! one or more "egrees/ it shall e increase" or
re"$ce"/ respectivel!/ for each "egree/ ! oneEfo$rth of the
ma&im$m amo$nt prescrie" ! law/ witho$t however/ changing the
minim$m2
The same r$les shall e oserve" with regar" of ?nes that "o not
consist of a ?&e" amo$nt/ $t are ma"e proportional2
To get the lower degree%
Ma& reduce b% one<fourth
Min& the same
(rt2 BA2 Legal perio" of "$ration of "ivisile penalties2 J The legal
perio" of "$ration of "ivisile penalties shall e consi"ere" as
"ivi"e" into three parts/ forming three perio"s/ the minim$m/ the
me"i$m/ an" the ma&im$m in the manner shown in the following
tale:
(rt2 BB2 -hen the penalt! is a comple& one compose" of three
"istinct penalties2 J *n cases in which the law prescries a penalt!
compose" of three "istinct penalties/ each one shall form a perio";
the lightest of them shall e the minim$m the ne&t the me"i$m/ an"
the most severe the ma&im$m perio"2
Page | 102
-henever the penalt! prescrie" "oes not have one of the forms
speciall! provi"e" for in this Co"e/ the perio"s shall e "istri$te"/
appl!ing ! analog! the prescrie" r$les2
if there are 3 distinct penalties7 there shall be a minimum, a medium and a
maimum
6ample& .eclusion temporal ma to death
(rt2 BC2 -hen an" how a penalt! is to e e&ec$te"2 J No penalt!
shall e e&ec$te" e&cept ! virt$e of a ?nal :$"gment2
( penalt! shall not e e&ec$te" in an! other form than that
prescrie" ! law/ nor with an! other circ$mstances or inci"ents than
those e&pressl! a$thori9e" there!2
*n a""ition to the provisions of the law/ the special reg$lations
prescrie" for the government of the instit$tions in which the
penalties are to e s$fere" shall e oserve" with regar" to the
character of the wor4 to e performe"/ the time of its performance/
an" other inci"ents connecte" therewith/ the relations of the
convicts among themselves an" other persons/ the relief which the!
ma! receive/ an" their "iet2
The reg$lations shall ma4e provision for the separation of the se&es
in "iferent instit$tions/ or at least into "iferent "epartments an"
also for the correction an" reform of the convicts2
4nl% penalt% b% fnal )udgment can be eecuted. Fudgment is fnal if the
accused has not appealed within 19 da%s or he has epressl% waived in
writing that he will not appeal.
$here could be no subsidiar% liabilit% if it was not epressl% ordered in the
)udgment
(rt2 B62 )$spension of the e&ec$tion an" service of the penalties in
case of insanit!2 J -hen a convict shall ecome insane or an
imecile after ?nal sentence has een prono$nce"/ the e&ec$tion of
sai" sentence shall e s$spen"e" onl! with regar" to the personal
penalt!/ the provisions of the secon" paragraph of circ$mstance
n$mer 3 of article 38 eing oserve" in the correspon"ing cases2
*f at an! time the convict shall recover his reason/ his sentence shall
e e&ec$te"/ $nless the penalt! shall have prescrie" in accor"ance
with the provisions of this Co"e2
The respective provisions of this section shall also e oserve" if the
insanit! or imecilit! occ$rs while the convict is serving his sentence
/ases of insanit%&
a- after fnal sentence, suspend the sentence regarding the personal
penalties
b- if he recovers, the sentence is eecuted unless it has prescribed
c- the pa%ment of civil of pecuniar% liabilities shall not be suspended
Art ?D ,as amended b% "@ AD3& /hild and Kouth 5elfare /ode-
Page | 103
a- %outhful o(ender ! over M but under 1? at time of the commission of the
o(ense
b- a %outhful o(ender held for eamination or trial who cannot furnish bail
will be committed to the @05@Glocal rehab center or detention home
c- )udgment of the court shall not be pronounced but suspended ecept for
the ( cases&
1. those who previousl% en)o%ed a suspension of sentence
2. those convicted of death or life imprisonment
3. those convicted for an o(ense b% the militar% tribunals
d- the @05@ ma% dismiss the case if the %outh behaves properl%
e- the records of the proceeding shall be privileged and shall not be
disclosed
f- the civil liabilit% of the %outhful o(ender ma% be voluntar% assumed b% a
relative or a friend
g- the parent or guardian of the child is liable when he aids, abets or
connives wG the commission of the crime or does an act producing,
promoting or contributing to the childBs being a )uvenile delin*uent.
h- $he penalties for the parent or guardian& >ine not eceeding 9DD andGor
imprisonment not eceeding 2 %ears
(rt2 C32 -hen an" how the "eath penalt! is to e e&ec$te"2 J The
"eath sentence shall e e&ec$te" with reference to an! other an"
shall consist in p$tting the person $n"er sentence to "eath !
electroc$tion2 The "eath sentence shall e e&ec$te" $n"er the
a$thorit! of the .irector of Prisons/ en"eavoring so far as possile to
mitigate the s$ferings of the person $n"er sentence "$ring
electroc$tion as well as "$ring the procee"ings prior to the
e&ec$tion2
*f the person $n"er sentence so "esires/ he shall e anaestheti9e" at
the moment of the electroc$tion2
(rt2 C82 Noti?cation an" e&ec$tion of the sentence an" assistance to
the c$lprit2 J The co$rt shall "esignate a wor4ing "a! for the
e&ec$tion $t not the ho$r thereof; an" s$ch "esignation shall not e
comm$nicate" to the ofen"er efore s$nrise of sai" "a!/ an" the
e&ec$tion shall not ta4e place $ntil after the e&piration of at least
eight ho$rs following the noti?cation/ $t efore s$nset2 .$ring the
interval etween the noti?cation an" the e&ec$tion/ the c$lprit shall/
in so far as possile/ e f$rnishe" s$ch assistance as he ma! re#$est
in or"er to e atten"e" in his last moments ! priests or ministers of
the religion he professes an" to cons$lt law!ers/ as well as in or"er
to ma4e a will an" confer with memers of his famil! or persons in
charge of the management of his $siness/ of the a"ministration of
his propert!/ or of the care of his "escen"ants2
@esignate a working da% wGc shall not be communicated to the o(ender
before the sunrise of said da%. $he eecution shall not take place until after
the epiration of at least ? hrs following such notifcation.
;e can eecute a will.
Page | 104
(rt2 C72 )$spension of the e&ec$tion of the "eath sentence2 J The
"eath sentence shall not e inKicte" $pon a woman within the three
!ears ne&t following the "ate of the sentence or while she is
pregnant/ nor $pon an! person over sevent! !ears of age2 *n this last
case/ the "eath sentence shall e comm$te" to the penalt! of
recl$sion perpet$a with the accessor! penalties provi"e" in (rticle
<F2
@eath sentence commuted to ."&
a- woman, within 3 %ears, following the date of sentence
b- woman, while pregnant
c- person over PD %ears old.
(rt2 C<2 Place of e&ec$tion an" persons who ma! witness the same2
J The e&ec$tion shall ta4e place in the penitentiar! of 'ilii" in a
space close" to the p$lic view an" shall e witnesse" onl! ! the
priests assisting the ofen"er an" ! his law!ers/ an" ! his
relatives/ not e&cee"ing si&/ if he so re#$est/ ! the ph!sician an"
the necessar! personnel of the penal estalishment/ an" ! s$ch
persons as the .irector of Prisons ma! a$thori9e2
(rt2 C>2 Provisions relative to the corpse of the person e&ec$te" an"
its $rial2 J 0nless claime" ! his famil!/ the corpse of the c$lprit
shall/ $pon the completion of the legal procee"ings s$se#$ent to
the e&ec$tion/ e t$rne" over to the instit$te of learning or scienti?c
research ?rst appl!ing for it/ for the p$rpose of st$"! an"
investigation/ provi"e" that s$ch instit$te shall ta4e charge of the
"ecent $rial of the remains2 Otherwise/ the .irector of Prisons shall
or"er the $rial of the o"! of the c$lprit at government e&pense/
granting permission to e present thereat to the memers of the
famil! of the c$lprit an" the frien"s of the latter2 *n no case shall the
$rial of the o"! of a person sentence" to "eath e hel" with pomp2
(rt2 CA2 ,ecl$sion perpet$a/ recl$sion temporal/ prision ma!or/
prision correccional an" arresto ma!or2 J The penalties of recl$sion
perpet$a/ recl$sion temporal/ prision ma!or/ prision correccional an"
arresto ma!or/ shall e e&ec$te" an" serve" in the places an" penal
estalishments provi"e" ! the ("ministrative Co"e in force or which
ma! e provi"e" ! law in the f$t$re2
(rt2 CB2 .estierro2 J (n! person sentence" to "estierro shall not e
permitte" to enter the place or places "esignate" in the sentence/
nor within the ra"i$s therein speci?e"/ which shall e not more than
8>F an" not less than 8> 4ilometers from the place "esignate"2
@estierro shall be imposed in the ( cases&
a- death or serious ph%sical in)uries is caused or are in2icted under
eceptional circumstance
b- person fails to give bond for god behavior
Page | 105
c- concubineBs penalt% for the crime of concubinage
d- lowering the penalt% b% degrees
6ecution of @istierro
a- /onvict shall not be permitted to enter the place designated in the
sentence nor within the radius specifed, which shall not be more than
29D and not less than 29 km from the place designated.
b- 'f the convict enters the prohibited area, he commits evasion of sentence
(rt2 CC2 (rresto menor2 J The penalt! of arresto menor shall e
serve" in the m$nicipal :ail/ or in the ho$se of the "efen"ant himself
$n"er the s$rveillance of an o=cer of the law/ when the co$rt so
provi"es in its "ecision/ ta4ing into consi"eration the health of the
ofen"er an" other reasons which ma! seem
satisfactor! to it2
0erved where&
'n the municipal )ail
'n the house of the o(ender, but under the surveillance of an o3cer of the
law whenever the court so provides in the decision due to the health of the
o(ender. +ut the reason is not satisfactor% )ust because the o(ender is a
respectable member of the communit%
(rt2 C62 1ow criminal liailit! is totall! e&ting$ishe"2 J Criminal
liailit! is totall! e&ting$ishe":
(3) '! the "eath of the convict/ as to the personal penalties an" as to
pec$niar! penalties/ liailit! therefor is e&ting$ishe" onl! when the
"eath of the ofen"er occ$rs efore ?nal :$"gment2
6tinguishment of criminal liabilit% is a ground of motion to *uash
/riminal liabilit% whether before or after fnal )udgment is etinguished
upon death because it is a personal penalt%
"ecuniar% penalt% is etinguished onl% when death occurs before fnal
)udgement.
$he death of the o(ended part% however does not etinguish criminal
liabilit% of the accused because it is a crime against the state.
(8) '! service of the sentence
/rime is a debt, hence etinguished upon pa%ment
0ervice does not etinguish civil liabilit%
Amnest% ! is an act of the sovereign power granting oblivion or general
pardon. 't wipes all traces and vestiges of the crime but does not etinguish
civil liabilit%.
(7) '! asol$te par"on
"ardon ! an act of grace proceeding from the power entrusted wG the
eecution of laws, which eempts the individual from the punishment the
law in2icts for the crime.
AM#60$K "A.@4#
Page | 106
6tended to classes of persons
who ma% be guilt% of political
o(enses
6ercised individuall% b% the
president
6ercised even before trial or
investigation
6ercised when one is convicted
1ooks backward and abolishes
the o(ense itself
1ooks forward and relieves the
o(ender of the conse*uences
@oes not etinguish civil liabilit% 0ame
A public act that needs the
declaration of the president
with the concurrence of
/ongress
A private act of the president
/ourts should take )udicial
notice
Must be pleaded and proved
(<) '! prescription of the crime
5hen the crime prescribes, the state loses the right to prosecute
"rescription of a crime ! is the lossGforfeiture of the right of the state to
prosecute the o(ender after the lapse of a certain time.
(>) '! prescription of the penalt!
means the lossGforfeiture of the right of government to eecute the fnal
sentence after the lapse of a certain time. /onditions& there must be fnal
)udgement and the period has elapsed.
(A) '! the marriage of the ofen"e" woman/ as provi"e" in (rt 7<<
of this Co"e
(rt2 6F2 Prescription of crime2 J Crimes p$nishale ! "eath/
recl$sion perpet$a or recl$sion temporal shall prescrie in twent!
!ears2
Crimes p$nishale ! other aDictive penalties shall prescrie in
?fteen !ears2
Those p$nishale ! a correctional penalt! shall prescrie in ten
!ears; with the e&ception of those p$nishale ! arresto ma!or/
which shall prescrie in ?ve !ears2
The crime of liel or other similar ofenses shall prescrie in one
!ear2
The crime of oral "efamation an" slan"er ! "ee" shall prescrie in
si& months2
Light ofenses prescrie in two months2
-hen the penalt! ?&e" ! law is a compo$n" one/ the highest
penalt! shall e ma"e the asis of the application of the r$les
containe" in the ?rst/ secon" an" thir" paragraphs of this article2 ((s
amen"e" ! ,( <AA3/ approve" 5$ne 36/ 36AA2)
'n computing for the period, the frst da% is ecluded and the last da%
included. 0ub)ect to leap %ears
5hen the last da% of the prescriptive period falls on a 0unda% or a legal
holida%, the info can no longer be fled the ( da%
0imple slander prescribes in 2 months and grave slander in A months
Page | 107
0ince destierro is a correctional penalt%, it prescribes in 1D %ears. ALictive
penalties, 19 %ears.
'f compound penalt%, basis will be the highest penalt%
'f fne is an alternative penalt% ,imposed together wG a penalt% lower than
the fne-, fne shall be the basis
"rescription begins to run from the discover% thereof. 'nterrupted when
proceedings are instituted and shall begin to run again when the
proceedings are dismissed.
'f an accused fails to move to *uash before pleading, he is deemed to have
waived all ob)ections.
"rescription does not take awa% the courtBs )urisdiction but onl% absolves
the defendant and ac*uits him.
(rt2 632 Comp$tation of prescription of ofenses2 J The perio" of
prescription shall commence to r$n from the "a! on which the crime
is "iscovere" ! the ofen"e" part!/ the a$thorities/ or their agents/
an" shall e interr$pte" ! the ?ling of the complaint or information/
an" shall commence to r$n again when s$ch procee"ings terminate
witho$t the acc$se" eing convicte" or ac#$itte"/ or are $n:$sti?al!
stoppe" for an! reason not imp$tale to him2
The term of prescription shall not r$n when the ofen"er is asent
from the Philippine (rchipelago2
'f there is nothing concealed ,appears in a public document-, the crime
commences to run on the date of the commission
"eriod of prescription for crimes that is continuing never runs
/rime needs to be discovered b%&
a- o(ended part%
b- authorities
c- their agents
'f a person witnesses the crime but onl% tells the authorities 29 %ears later,
prescription commences on the da% the authorities were told.
7hat interrupts prescription;
a- preliminar% eamination or investigation wGc is similar to )udicial proceeding
b- fling the proper complaint wG the fscalBs o3ce and the prosecutor. "olice
not included.
c- >iling complaint with the court that has proper )urisdiction
5hen the period commences to run again
a- 5hen the proceeding is terminated without the accused being convicted
or ac*uitted
b- 5hen the proceeding is un)ustifabl% stopped for a reason not imputable
to the o(ender
Nwhen such proceedings terminate: ! termination that is fnal7 an
unappealed conviction or ac*uittal
Nun)ustifabl% stopped for an% reason: ! eample& accused evades arrest,
proceedings must be stopped
Art M1 applies to a special law when said law does not provide for the
application but onl% provides for the period of prescription
Page | 108
(rt2 682 -hen an" how penalties prescrie2 J The penalties impose"
! ?nal sentence prescrie as follows:
32 .eath an" recl$sion perpet$a/ in twent! !ears;
82 Other aDictive penalties/ in ?fteen !ears;
72 Correctional penalties/ in ten !ears; with the e&ception of the
penalt! of arresto ma!or/ which prescries in ?ve !ears;
<2 Light penalties/ in one !ear2
#ote that fnal sentence must be imposed
'f a convict can avail of mitigating circumstances and the penalt% is
lowered, it is still the original penalt% that is used as the basis for
prescription. ;owever, if the convict alread% serves a portion of his
sentence and escapes after, the penalt% that was imposed ,not the original-
shall be the basis for prescription
>ines less than 2DD fall under light penalt%. $hose above are correccional.
(rt2 672 Comp$tation of the prescription of penalties2 J The perio"
of prescription of penalties shall commence to r$n from the "ate
when the c$lprit sho$l" eva"e the service of his sentence/ an" it
shall e interr$pte" if the "efen"ant sho$l" give himself $p/ e
capt$re"/ sho$l" go to some foreign co$ntr! with which this
Government has no e&tra"ition treat!/ or sho$l" commit another
crime efore the e&piration of the perio" of prescription2
6lements&
a- penalt% is fnal
b- convict evaded the sentence
c- convict has not given himself up
d- penalt% has prescribed because of lapse of time from the date of the
evasion of the service of the sentence
'nterruption of the period
'f the defendant surrenders
'f he is captured
'f he should go into a foreign countr% with which the "hilippines has no
etradition treat%
'f he should commit another crime before the epiration of the period of
prescription
Acceptance of a conditional pardon,People v. Puntilos.
'f a government has an etradition treat% wG the countr% to wGc a convict
escaped and the crime is not included in the treat%, the running of the
prescription is interrupted
0entence evasion clearl% starts the running of the prescription. 't does not
interrupt it. Acceptance of the conditional pardon interrupts the prescriptive
period.
.olito Eo case& since he was captured, he is onl% supposed to serve the
remainder of his sentence. .eason& during the period he escaped, his
eistence is one of fear and discomfort
Page | 109
(rt2 6<2 Partial E&tinction of criminal liailit!2 J Criminal liailit! is
e&ting$ishe" partiall!:
32 '! con"itional par"on;
82 '! comm$tation of the sentence; an"
72 @or goo" con"$ct allowances which the c$lprit ma! earn while he
is serving his sentence2
Con"itional par"on ! contract between the sovereign power of the
eecutive and the convict
/onvict shall not violate an% of the penal laws of the "hilippines
Qiolation of conditions&
4(ender is re<arrested and re<incarcerated
"rosecution under Art. 19M
Comm$tation ! change in the decision of the court b% the chief regarding the
,1- degree of the penalt%7
,2- b% decreasing the length of the imprisonment or fne
/ommutation allowed when&
a- person over PD %rs old
b- 1D )ustices fail to reach a decision a3rming the death penalt%
/onsent not necessar% in commutation
"risoner is also allowed special time allowance for lo%alt% wGc is 1G9
deduction of the period of his sentence.
Parole ! consists in the suspension of the sentence of a convict after serving
the minimum term of the indeterminate penalt%, without granting pardon,
prescribing the terms upon which the sentence shall be suspended. 'n case his
parole conditions are not observed, a convict ma% be returned to the custod%
and continue to serve his sentence without deducting the time that elapsed.
/4#@'$'4#A1 "A.@4# "A.416
Eiven after fnal )udgement Eiven after service of the
minimum penalt%
Eranted b% /hief 6ecutive Eiven b% the +d of "ardons and
"arole
>or violation, convict ma% not
be prosecuted under 19M
>or violations, ma% be
rearrested, convict serves
remaining sentence
Cood conduct allowance during con(neent
@eduction for the term of sentence for good behavior
(rt2 6>2 Oligation inc$rre" ! person grante" con"itional
par"on2 J (n! person who has een grante" con"itional par"on shall
inc$r the oligation of compl!ing strictl! with the con"itions impose"
therein otherwise/ his nonEcompliance with an! of the con"itions
speci?e" shall res$lt in the revocation of the par"on an" the
provisions of (rticle 3>6 shall e applie" to him2
Page | 110
/ondition of pardon is limited to unserved portion of the sentence, unless
an intention to etend it be%ond the time is manifest
(rt2 6A2 Efect of comm$tation of sentence2 J The comm$tation of
the original sentence for another of a "iferent length an" nat$re
shall have the legal efect of s$stit$ting the latter in the place of
the former2
(rt2 6B2 (llowance for goo" con"$ct2 J The goo" con"$ct of an!
prisoner in an! penal instit$tion shall entitle him to the following
"e"$ctions from the perio" of his sentence:
32 .$ring the ?rst two !ears of his imprisonment/ he shall e
allowe" a "e"$ction of ?ve "a!s for each month of goo" ehavior;
82 .$ring the thir" to the ?fth !ear/ incl$sive/ of his imprisonment/
he shall e allowe" a "e"$ction of eight "a!s for each month of goo"
ehavior;
72 .$ring the following !ears $ntil the tenth !ear/ incl$sive/ of his
imprisonment/ he shall e allowe" a "e"$ction of ten "a!s for each
month of goo" ehavior; an"
<2 .$ring the eleventh an" s$ccessive !ears of his imprisonment/
he shall e allowe" a "e"$ction of ?fteen "a!s for each month of
goo" ehavior2
Allowance for good conduct not applicable when prisoner released under
conditional pardon.
Eood conduct time allowance is given in consideration of good conduct of
prisoner while he is serving sentence.
Allowances for Eood conduct per %ear
Kears Allowance
>irst 2 %ears 9 da%s per month of good
behavior
3
rd
to 9
th
%ears ? da%s per month of good
behavior
>ollowing %ears up to 1D
th
%ear 1D da%s per month of good
behavior
11
th
%ear and successive %ears 19 da%s per month of good
behavior
(rt2 6C2 )pecial time allowance for lo!alt!2 J ( "e"$ction of oneE
?fth of the perio" of his sentence shall e grante" to an! prisoner
who/ having eva"e" the service of his sentence $n"er the
circ$mstances mentione" in article >C of this Co"e/ gives himself $p
to the a$thorities within <C ho$rs following the iss$ance of a
proclamation anno$ncing the passing awa! of the calamit! or
catastrophe to in sai" article2
0pecial time allowance for lo%alt% of prisoners&
$he article applies onl% to prisoners who escaped
Page | 111
deduction of 1G9 of the period of sentence of prisoner who having evaded
the service of his sentence during the calamit% or catastrophe mentioned
in Art 19?, gives himself up to the authorities wGin 4? hrs ( the issuance
of the proclamation b% the "resident announcing the passing awa% of the
calamit% or catastrophe
deduction based on the original sentence and not on the unepired
portion
Art 19? provides for increased penalties&
< a convict who has evaded the service of his sentence b% leaving the
penal institution on the occasion of disorder resulting from con2agration,
earth*uake or similar catastrophe or during mutin% in which he did not
participate is liable to an increased penalt% ,1G9 of the time still remaining
to be served ! not to eceed A months-, if he fails to give himself up to the
authorities wGin 4? hrs ( the issuance of a proclamation b% the "resident
announcing the passing awa% of the calamit%.
(rt2 662 -ho grants time allowances2 J -henever lawf$ll! :$sti?e"/
the .irector of Prisons shall grant allowances for goo" con"$ct2 )$ch
allowances once grante" shall not e revo4e"2
a- authorit% to grant time allowance for good conduct is eclusivel% vested in
the @ir ,e.g. provincial warden cannot usurp @irectorBs authorit%-
b- it is not an automatic right and once granted, cannot be revoked b% him
C*H*L L*('*L*TG
2 classes&
a- social in)ur% ! produced b% disturbance and alarm wGc are the outcome of
the o(ense
b- personal in)ur% ! caused b% the victim who ma% have su(ered damage,
either to his person, propert%, honor or chastit%
(rt2 3FF2 Civil liailit! of a person g$ilt! of felon!2 J Ever!
person criminall! liale for a felon! is also civill! liale2
'asis:
obligation to repair or to make whole the damage caused to another b% reason
of an act or omission, whether done intentionall% or negligentl% and whether
or not punishable b% law
.$al character of the crime as against:
a- the state because of the disturbance of peace and order
b- the private person in)ured unless it involves the crime of treason,
rebellion, espionage, contempt and others where no civil liabilit% arises
on the part of the o(ender either because there are no damages or
there is no private person in)ured b% the crime
.amage that ma! e recovere" in criminal cases:
/rimes against persons, like crime of ph%sical in)uries ! whatever he spent
for treatment of wounds, doctorBs fees, medicines as well as salar% or
wages unearned
Page | 112
Moral @amages& seduction, abduction, rape or other lascivious acts,
adulter% or concubinage, illegal or arbitrar% detention or arrest, illegal
search, libel, slander or an% other form of defamation, malicious
prosecution
6emplar% @amages& imposed when crime was committed with one or
more aggravating circumstances
a- 'f there is no damage caused b% the commission of the crime, o(ender is
not civill% liable
b- @ismissal of the info or the crime action does not a(ect the right of the
o(ended part% to institute or continue the civil action alread% instituted
arising from the o(ense, because such dismissal does not carr% with it the
etinction of the civil one.
c- 5hen accused is ac*uitted on ground that his guilt has not been proven
be%ond reasonable doubt, a civil action for damages for the same act or
omission ma% be instituted
d- 6emption from criminal liabilit% in favor of an imbecile or insane person,
and a person under M %rs, or over M but under 19 who acted wG discernment
and those acting under the impulse of irresistible force or under the impulse
of an uncontrolable fear of an e*ual or greater in)ur% does not include
eemption from civil liabilit%.
e- Ac*uittal in the crim action for negligence does not preclude the o(ended
part% from fling a civil action to recover damages, based on the theor% that
the act is *uasi<delict
f- 5hen the court found the accused guilt% of crim negligence but failed to
enter )udgement of civil liabilit%, the private prosecutor has a right to
appeal for the purposes of the civil liabilit% of the accused. $he appellate
court ma% remand the case to the trial court for the latter to include in its
)udgement the civil liabilit% of the accused
g- +efore epiration of the 19<da% of for appealing, the trial court can amend
the )udgement of conviction b% adding a provision for the civil liabilit% of
the accused, even if the convict has started serving the sentence.
h- An independent civil action ma% be brought b% the in)ured part% during the
pendenc% of the criminal case provided the right is reserved. .eservation is
necessar% in the ( cases&
1. an% of the cases referred to in Art 32 ,perpetual or temporar%
dis*ualifcation for eercise of the right of su(rage-
2. defamation, fraud and ph%sical in)ur% ,bodil% in)ur% and not the
crime of ph%sical in)ur%-
3. civil action is against a member of a cit% or municipal police force
for refusing or failing to render aid or protection to an% person in
case of danger to life or propert%
4. in an action for damage arising from fault or negligence and there is
no pre<eisting contractual relation between the parties ,*uasi<
delict-
i- "re)udicial Ruestion ! one wGc arises in a case, the resolution of which is a
logical antecedent of the issue involved in said case and the cogni8ance of
which pertains to another tribunal.
>or the principle to appl%, it is essential that there be 2 cases involved, a
civil and a criminal case. "re)udicial *uestions ma% be decided before an%
criminal prosecution ma% be instituted or ma% proceed.
Page | 113
An independent civil action ma% be brought b% the in)ured part% during the
pendenc% of the criminal case, provided that the right is reserved
6tinction of the penal action does not carr% with it the etinction of the
civil, unless the etinction proceeds from a declaration in a fnal )udgement
that the fact from which the civil might arise did not eist
(rt2 3F32 ,$les regar"ing civil liailit! in certain cases2 J The
e&emption from criminal liailit! estalishe" in s$"ivisions 3/ 8/ 7/ >
an" A of article 38 an" in s$"ivision < of article 33 of this Co"e "oes
not incl$"e e&emption from civil liailit!/ which shall e enforce"
s$:ect to the following r$les:
@irst2 *n cases of s$"ivisions 3/ 8/ an" 7 of (rticle 38/ the civil
liailit! for acts committe" ! an imecile or insane person/ an" ! a
person $n"er nine !ears of age/ or ! one over nine $t $n"er ?fteen
!ears of age/ who has acte" witho$t "iscernment/ shall "evolve $pon
those having s$ch person $n"er their legal a$thorit! or control/
$nless it appears that there was no fa$lt or negligence on their part2
)ho$l" there e no person having s$ch insane/ imecile or minor
$n"er his a$thorit!/ legal g$ar"ianship or control/ or if s$ch person
e insolvent/ sai" insane/ imecile/ or minor shall respon" with their
own propert!/ e&cepting propert! e&empt from e&ec$tion/ in
accor"ance with the civil law2
)econ"2 *n cases falling within s$"ivision < of (rticle 33/ the
persons for whose ene?t the harm has een prevente" shall e
civill! liale in proportion to the ene?t which the! ma! have
receive"2
The co$rts shall "etermine/ in so$n" "iscretion/ the proportionate
amo$nt for which each one shall e liale2
-hen the respective shares cannot e e#$ital! "etermine"/ even
appro&imatel!/ or when the liailit! also attaches to the Government/
or to the ma:orit! of the inhaitants of the town/ an"/ in all events/
whenever the "amages have een ca$se" with the consent of the
a$thorities or their agents/ in"emni?cation shall e ma"e in the
manner prescrie" ! special laws or reg$lations2
Thir"2 *n cases falling within s$"ivisions > an" A of (rticle 38/ the
persons $sing violence or ca$sing the fears shall e primaril! liale
an" secon"aril!/ or/ if there e no s$ch persons/ those "oing the act
shall e liale/ saving alwa!s to the latter that part of their propert!
e&empt from e&ec$tion2
Eeneral .ule& eemption from criminal liabilit% does not include eemption
from civil liabilit%
6ception& no civil liabilit% in par 4 and Pof art 12. "ar 1,2,3,9 and A are #4$
eempt from civil liabilit% although eempt from criminal liabilit%
5ho are civill% liable for&
a. acts of insane or minor eempt from criminal liabilit%
1. primaril% devolve upon perosns having legal authorit% or control
over him, if at fault or negligent ,ecept if proven that the% acted
wGo fault or wG due diligence-
2. if no fault or negligence, or even wG fault but is insolvent and there
are no persons having legal authorit% over them, the propert% of the
Page | 114
insane, minor or imbecile not eempt from eecution shall be held
liable.
b. over 19 but under 1? w. discernment
1. civil code sa%s parent ,dad then mom-Z
2. guardians
3. minors own propert% where a guardian ad litem shall be appointed
Jfnal release of a child based on good conduct does not remove his
civil liabilit% for damages.
c. persons acting under an irresistible force or uncontrollable fear
1. persons using violence or causing the fear are primaril% liable
2. if there are none, those doing the act
d. no civil liabilit% in )ustif%ing circumstances 6C/6"$& par 4 of Art 11, the
one benefted b% the act is civill% liable.
e. civil liabilit% in case of state of necessit%
$hose who benefted b% the act and court shall determine the
proportionate amount for which each shall be liable. 'f the government
or ma)orit% of the inhabitants are liable, such will be determined b%
special laws or regulations.
(rt2 3F82 )$si"iar! civil liailit! of inn4eepers/ tavern4eepers
an" proprietors of estalishments2 J *n "efa$lt of the persons
criminall! liale/ inn4eepers/ tavern4eepers/ an" an! other persons
or corporations shall e civill! liale for crimes committe" in their
estalishments/ in all cases where a violation of m$nicipal or"inances
or some general or special police reg$lation shall have een
committe" ! them or their emplo!ees2
*nn4eepers are also s$si"iaril! liale for the restit$tion of goo"s
ta4en ! roer! or theft within their ho$ses from g$ests lo"ging
therein/ or for the pa!ment of the val$e thereof/ provi"e" that s$ch
g$ests shall have noti?e" in a"vance the inn4eeper himself/ or the
person representing him/ of the "eposit of s$ch goo"s within the inn;
an" shall f$rthermore have followe" the "irections which s$ch
inn4eeper or his representative ma! have given them with respect to
the care an" vigilance over s$ch goo"s2 No liailit! shall attach in
case of roer! with violence against or intimi"ation of persons
$nless committe" ! the inn4eeperLs emplo!ees2
Eleents of Par -+
1. $hat the innkeeper of the establishment or his emplo%ee
committed a violation of municipal ordinance or some general or special
police regulation
2. A crime is committed in such establishment
3. "erson criminall% liable is insolvent
when all these are present, the innkeeper and the like are subsidiaril%
liable
Eleents of Par /+
1. guests notifed in advance the innkeeper of the deposit of such
goods wGin the inn
Page | 115
2. guests followed the directions of the innkeeper wG respect to the
care and vigilance over the such goods
3. such goods of the guest lodging therein were taken b% robber% wG force
upon things or theft
5hen all these are present, the innkeeper is subsidiaril% liable
#o civil liabilit% in case of robber% wG violence against or intimidation of
person, unless committed b% the innkeeperBs emplo%ees
Actual deposit of the things of the guest to the innkeeper is not necessar%,
it is enough that the% were within the inn.
(rt2 3F72 )$si"iar! civil liailit! of other persons2 J The
s$si"iar! liailit! estalishe" in the ne&t
prece"ing article shall also appl! to emplo!ers/ teachers/ persons/
an" corporations engage" in an! 4in" of in"$str! for felonies
committe" ! their servants/ p$pils/ wor4men/ apprentices/ or
emplo!ees in the "ischarge of their "$ties2
6lements
a. emplo%er, teacher, person or corporation is engaged in an% kind of industr%
'ndustr% ! an% department or branch of art, occupation or business7
especiall% one wGc emplo%s so much labor and capital is a distinct branch
of trade
b. an% of their servants, pupils, workmen, apprentices of emplo%ees commits
a felon% while in the discharge of his duties
c. the said emplo%ee is insolvent and has not satisfed his civil liabilit%
;ospitals are not engaged in industr%7 hence nit subsidiaril% liable for acts
of nurses
"rivate persons wGo business or industr%, not subsidiarill% liable
(rt2 3F<2 -hat is incl$"e" in civil liailit!2 J The civil liailit!
estalishe" in (rticles 3FF/ 3F3/ 3F8/ an" 3F7 of this Co"e incl$"es:
32 ,estit$tion;
82 ,eparation of the "amage ca$se";
72 *n"emni?cation for conse#$ential "amages2
>irst remed% granted b% law is no. 1, in case this is not possible no. 2.
'n either case, no. 3 ma% be re*uired
.estitution ! in theft, the culprit is dut% bound to return the propert% stolen
.eparation ! in case of inabilit% to return the propert% stolen, the culprit
must pa% the value of the propert% stolen.
'n case of ph%sical in)uries, the reparation of the damage cause would
consist in the pa%ment of hospital bills and doctorBs fees to the o(ended
part%
'ndemnifcation ! the lost of salar% or earnings
/'Q'1 1'A+'1'$'60 "6/H#'A.K 1'A+'1'$'60
'ncludes reparation and
indemnifcation
0ame
Page | 116
'ncludes restitution ,return
propert% taken-, nothing to pa%
in terms of mone%
#o restitution as the liabilities
are to paid out of the propert%
of the o(ender
#o fnes and costs of
proceedings
'ncludes fnes and costs of
proceedings
(rt2 3F>2 ,estit$tion2 J 1ow ma"e2 J The restit$tion of the thing
itself m$st e ma"e whenever possile/ with allowance for an!
"eterioration/ or "imin$tion of val$e as "etermine" ! the co$rt2
The thing itself shall e restore"/ even tho$gh it e fo$n" in the
possession of a thir" person who has ac#$ire" it ! lawf$l means/
saving to the latter his action against the proper person/ who ma! e
liale to him2
This provision is not applicale in cases in which the thing has een
ac#$ire" ! the thir" person in the manner an" $n"er the
re#$irements which/ ! law/ ar an action for its recover!2
$he convict cannot b% wa% of restitution, give to the o(ended part% a
similar thing of the same amount, kind or species and *ualit%. $he ver%
thing should be returned.
'f the propert% stolen while in the possession of the third part% su(ers
deterioration due to his fault, the court will assess the amount of the
deterioration and, in addition to the return of the propert%, the culprit will
be ordered to pa% such amount
Eeneral .ule& the owner of the propert% illegall% taken b% the o(ender can
recover it from whomsoever is in possession thereof. $hus, even if the
propert% stolen was ac*uired b% a 3
rd
person b% purchase wGo knowing that
it has been stolen, such propert% will be returned to the owner.
'f the thing is ac*uired b% a person knowing that it was stolen, then he is an
accessor% and therefore criminall% liable
$he third part% who ac*uired the stolen propert% ma% be reimbursed wG the
price paid therefor if it be ac*uired at ,a- a public sale and ,b- in good faith
/ircumstances which bar an action for recover%&
1. $orrens title
2. 5hen sale is authori8ed
5hen the liabilit% to return a thing arises from a contract, not from a
criminal act, the court cannot order its return in the criminal case.
.estitution ma% be ordered, even if accused is ac*uitted, provided the
o(ense is proved and it is shown that the thing belongs to someone else
5hen crime is not against propert%, no restitution or reparation of the thing
can be done
"a%ment of salar% of an emplo%ee during the period of suspension cannot,
as a general rule, be properl% decreed b% the court in a )udgement of
ac*uittal. 't devolves upon the head of the department concerned
$he court has authorit% to order the reinstatement of the accused ac*uitted
of a crime punishable b% the penalt% of perpetual or temporar%
dis*ualifcation
(rt2 3FA2 ,eparation2 J 1ow ma"e2 J The co$rt shall "etermine
the amo$nt of "amage/ ta4ing into consi"eration the price of the
Page | 117
thing/ whenever possile/ an" its special sentimental val$e to the
in:$re" part!/ an" reparation shall e ma"e accor"ingl!2
Notes:
.eparation will be ordered b% the court if restitution is not possible
.eparation shall be
a- the price of the thing
b- its sentimental value
'f there is no evidence as to the value of the thing unrecovered, reparation
cannot be made
"a%ment b% the insurance compan% does not relive the o(ender of his
obligation to repair the damage caused
$he damages shall be limited to those caused b% the crime
Accused is liable for the damages caused as a result of the destruction of
the propert% after the crime was committed either because it was lost or
destro%ed b% the accused himself or that of an% other person or as a result
of an% other cause or causes
(rt2 3FB2 *n"emni?cation J -hat is incl$"e"2 J *n"emni?cation
for conse#$ential "amages shall incl$"e not onl! those ca$se" the
in:$re" part!/ $t also those s$fere" ! his famil! or ! a thir"
person ! reason of the crime2
'ndemnit% refers to crimes against persons7 reparation to crimes against
propert%
'ndemnit% for medical services still unpaid ma% be recovered
/ontributor% negligence on the part of the o(ended part% reduces the civil
liabilit% of the o(ender
$he civil liabilit% ma% be increased onl% if it will not re*uired an aggravation
of the decision in the criminal case on wGc it is based
$he amount of damages for death shall be at least 9D,DDD, even though
there ma% have been mitigating circumstances.
'n addition&
1. pa%ment for the loss of the earning
capacit% of the deceased
2. if the deceased was obliged to give
support, the recipient who is not an heir, ma% demand support from
the defendant
3. the spouse, illegitimate and illegitimate
descendants and ascendants of the deceased ma% demand for moral
damages.
Moral damages ma% be recovered in the (&
1. ph%sical in)uries
2. seduction, abduction, rape
3. adulter%, concubinage
4. illegal or arbitrar% detention
9. illegal search
A. libel, slander, defamation
P. malicious prosecution
Page | 118
6emplar% damages ma% be imposed when the crime was committed with
one or more aggravating circumstances7 cannot be recovered as a matter
of right, the court will decide whether the% should be ad)udicated.
(rt2 3FC2 Oligation to ma4e restoration/ reparation for
"amages/ or in"emni?cation for conse#$ential "amages an" actions
to "eman" the same J 0pon whom it "evolves2 J The oligation to
ma4e restoration or reparation for "amages an" in"emni?cation for
conse#$ential "amages "evolves $pon the heirs of the person liale2
The action to "eman" restoration/ reparation/ an" in"emni?cation
li4ewise "escen"s to the heirs of the person in:$re"2
$he heirs of the person liable has no obligation if restoration is not possible
and the deceased left no propert%
/ivil liabilit% is possible onl% when the o(ender dies after fnal )udgement.
'f the death of the o(ender took place before an% fnal )udgement of
conviction was rendered against him, the action for restitution must
necessaril% be dismissed.
(rt2 3F62 )hare of each person civill! liale2 J *f there are two or
more persons civill! liale for a felon!/ the co$rts shall "etermine the
amo$nt for which each m$st respon"2
'n case of insolvenc% of the accomplices, the principal shall be subsidiaril%
liable for their share of the indemnit% and in case of the insolvenc% of the
principal, the accomplices shall be subsidiaril% liable, )ointl% and severall%
liable, for the indemnit% due from said principal
(rt2 33F2 )everal an" s$si"iar! liailit! of principals/
accomplices an" accessories of a felon! J Preference in pa!ment2 J
Notwithstan"ing the provisions of the ne&t prece"ing article/ the
principals/ accomplices/ an" accessories/ each within their respective
class/ shall e liale severall! (in soli"$m) among themselves for
their #$otas/ an" s$si"iaries for those of the other persons liale2
The s$si"iar! liailit! shall e enforce"/ ?rst against the propert! of
the principals; ne&t/ against that of the accomplices/ an"/ lastl!/
against that of the accessories2
-henever the liailit! in soli"$m or the s$si"iar! liailit! has een
enforce"/ the person ! whom pa!ment has een ma"e shall have a
right of action against the others for the amo$nt of their respective
shares2
6ample& an indemnit% of 1DD,DDD has been sentenced, 9D,DDD will go to
the principal and 2D,DDD to the accomplice
0ubsidiar% liabilit% will be enforced on&
1. frst, against the propert% of the principal
2. second, against that of the accomplice
3. third, against that of the accessories
Page | 119
(rt2 3332 Oligation to ma4e restit$tion in certain cases2 J (n!
person who has participate" grat$ito$sl! in the procee"s of a felon!
shall e o$n" to ma4e restit$tion in an amo$nt e#$ivalent to the
e&tent of s$ch participation2
#otes&
1. $his refers to a person who has participated gratuitousl% in the commission
of a felon% and he is bound to make restitution in an amount e*uivalent to
the etent of such participation
2. $he third person must be innocent of the commission of the crime
otherwise he would be liable as an accessor% and this article will appl%
(rt2 3382 E&tinction of civil liailit!2 J Civil liailit! estalishe" in
(rticles 3FF/ 3F3/ 3F8/ an" 3F7 of this Co"e shall e e&ting$ishe" in
the same manner as oligations/ in accor"ance with the provisions of
the Civil Law2
/ivil liabilit% is etinguished b%&
1. pa%ment 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
9. compensation
A. novation
4ther causes of etinguishment of obligations such as annulment,
rescission, fulfllment of a resolutor% condition and prescription are
governed elsewhere in this code
/ivil liabilit% ma% arise from
1. /rime < ."/
2. +reach of contract < //
3. $ortious act ! //
$he civil liabilit% from an% of these is etinguished b% the same causes
enumerated above
$he accused shall still be liable for the pa%ment of the thing stolen even if it
is lost or destro%ed
(rt2 3372 Oligation to satisf! civil liailit!2 J E&cept in case of
e&tinction of his civil liailit! as provi"e" in the ne&t prece"ing
article the ofen"er shall contin$e to e olige" to satisf! the civil
liailit! res$lting from the crime committe" ! him/ notwithstan"ing
the fact that he has serve" his sentence consisting of "eprivation of
liert! or other rights/ or has not een re#$ire" to serve the same !
reason of
amnest!/ par"on/ comm$tation of sentence or an! other reason2
$otes+
Hnless etinguished, civil liabilit% subsists even if the o(ender has served
sentence consisting of deprivation of libert% or other rights or has served
the same, due to amnest%, pardon, commutation of the sentence or an%
other reason.
Page | 120
Hnder the law as amended, even if the subsidiar% imprisonment is served
for non<pa%ment of fnes, this pecuniar% liabilit% of the defendant is not
etinguished.
while amnest% wipes out all traces and vestiges of the crime, it does not
etinguish the civil liabilit% of the o(ender. A pardon shall in no case
eempt the culprit from the pa%ment of the civil indemnit% imposed upon
him b% the sentence
probation a(ects onl% the criminal aspect of the crime.
Page | 121