I.

Revised Penal Code / Special Laws, Presidential Decrees, and Executive Orders

Book 1
1. Fundamental Principles
a) Definition of Criminal Law
A branch of municipal law which defines crimes, treats of their nature and provides for their punishment.
i) Difference between Mala in Se and Mala Prohibita1
Mala in se2
Violations of the Revised Penal Code

Mala prohibita
Violations of special laws.

b) Scope of Application and Characteristics of the Philippine Criminal Law

Generality4

The law is binding to all persons who live or sojourn in the Philippines

Territoriality5

The law is binding to all crimes committed within the National Territory of the Philippines

Prospectivity

The law does not have any retroactive effect.6

1 Test to determine if violation of special law is malum prohibitum or malum in se:

Analyze the violation: Is it wrong because there is a law prohibiting it or punishing it

as such? If you remove the law, will the act still be wrong?
If the wording of the law punishing the crime uses the word willfully, then malice must be proven. Where malice is a factor, good faith is a defense.
In violation of special law, the act constituting the crime is a prohibited act. Therefore culpa is not a basis of liability, unless the special law punishes an omission.
When given a problem, take note if the crime is a violation of the Revised Penal Code or a special law.

2 which literally means, that the act is inherently evil or bad or per se wrongful.
3 Not all violations of special laws are mala prohibita. While intentional felonies are always mala in se, it does not follow that prohibited acts done in violation of special
laws are always mala prohibita. Even if the crime is punished under a special law, if the act punished is one which is inherently wrong, the same is malum in se, and,
therefore, good faith and the lack of criminal intent is a valid defense; unless it is the product of criminal negligence or culpa. Likewise when the special law requires that
the punished act be committed knowingly and willfully, criminal intent is required to be proved before criminal liability may arise.
When the act penalized is not inherently wrong, it is wrong only because a law punishes the same.

4 Generality of criminal law means that the criminal law of the country governs all persons within the country regardless of their race, belief, sex, or creed.

However, it is
subject to certain exceptions brought about by international agreement. Ambassadors, chiefs of states and other diplomatic officials are immune from the application of
penal laws when they are in the country where they are assigned.
Exceptions to general application of criminal law:
a) principles of public international law
b) treaties or treaty stipulations
c) laws of preferential application
Consuls are not diplomatic officers. This includes consul-general, vice-consul or any consul in a foreign country, who are therefore, not immune to the operation or
application of the penal law of the country where they are assigned. Consuls are subject to the penal laws of the country where they are assigned.
It has no reference to territory. Whenever you are asked to explain this, it does not include territory. It refers to persons that may be governed by the penal law.

5 Exceptions to Territorial Application:

Instances enumerated under Article 2 (see Reference)

c) Constitutional limitations on the power of Congress to enact penal laws7 in the Bill of Rights

Equal protection

Any person shall not be denied the equal protection of the laws.8

Due process

No person shall be deprived of life, liberty or property without due process of law.

Non-imposition of cruel and unusual punishment or excessive

fines

Act Prohibiting the Imposition of Death Penalty in the Philippines. R.A. 9346

Bill of attainder

A legislative act which inflicts punishment without judicial trial.

Ex post facto law

One which makes an action done before the passage of the law and which was innocent
when done criminal and punishes such action.

2. Felonies
Acts or omissions punishable by the Revised Penal Code.
a) Classifications of Felonies
According to the manner of their commission
Intentional

Culpable

Those committed with deliberate intent;

Those resulting from negligence, reckless imprudence, lack of

foresight or lack of skill. Art. 3

According to the stages of their execution

Attempted

Frustrated

The offender commences the commission of a felony

directly by overt acts, and does not perform all the
acts of execution which should produce the felony by
reason of some cause or accident other than his own
spontaneous desistance.

The offender commences the commission of a

felony as a consequence but which would produce
the felony as a consequence but which
nevertheless do not produce the felony by reason
of causes independent of the perpetrator;

Consummated
All the elements necessary for its execution
are present. Art. 6

According to their gravity

Grave
Attaches the capital punishment or penalties which in

Less grave
The law punishes with penalties which in their

Light
Infractions of law for the commission of

6 Exception to Prospective Application: When new statute is favorable to the accused who is not a habitual delinquent. Applicable to special laws which provide more
favorable conditions to the accused.

7 Only the legislative branch of the government can enact penal laws. While the President may define and punish an act as a crime, such exercise of power is not
executive but legislative as he derives such power from the law-making body. It is in essence, an exercise of legislative power by the Chief Executive.

8 Art. III, Sec. 1, 1987 Constitution

any of their periods are afflictive.

maximum period was correccional;

which the penalty is arresto menor. Art. 9

b) Elements of Criminal Liability

i) act or omission
ii) punishable by the Revised Penal Code
iii) committed by either dolo or culpa

c) Impossible Crime9 - one which would be an offense against persons or property, were it not for the inherent impossibility of its
accomplishment or on account of the employment of inadequate or ineffectual means.10
d) Stages of Execution11
e) Conspiracy12 and Proposal

9 Art. 4, par. 2
10 1. Offender must believe that he can consummate the intended crime, a man stabbing another who he knew was already dead cannot be liable for an impossible
3.

crime.The law intends to punish the criminal intent.

There is no attempted or frustrated impossible crime.

11

Requisites:
1. Act would have been an offense against persons or property
2. Act is not an actual violation of another provision of the Code or of a special penal law
3. There was criminal intent
4. Accomplishment was inherently impossible; or inadequate or ineffectual means were employed.
see Classification of Felonies, supra.
Does not apply in:
1. Offenses punishable by Special Penal Laws, unless the otherwise is provided for.
2. Formal crimes (e.g., slander, adultery, etc.)
3. Impossible Crimes
4. Crimes consummated by mere attempt. Examples: attempt to flee to an enemy country, treason, corruption of minors.
5. Felonies by omission
6. Crimes committed by mere agreement. Examples: betting in sports (endings in basketball), corruption of public officers.

12 Two kinds of conspiracy:

(1) Conspiracy as a crime; and

(2) Conspiracy as a manner of incurring criminal liability
When conspiracy itself is a crime, no overt act is necessary to bring about the criminal liability. The mere conspiracy is the crime itself. This is only true when the law
expressly punishes the mere conspiracy; otherwise, the conspiracy does not bring about the commission of the crime because conspiracy is not an overt act but a mere
preparatory act. Treason, rebellion, sedition, and coup detat are the only crimes where the conspiracy and proposal to commit to them are punishable.
When the conspiracy is only a basis of incurring criminal liability, there must be an overt act done before the co-conspirators become criminally liable.
When the conspiracy itself is a crime, this cannot be inferred or deduced because there is no overt act. All that there is the agreement. On the other hand, if the coconspirator or any of them would execute an overt act, the crime would no longer be the conspiracy but the overt act itself.
If the conspiracy is only a basis of criminal liability, none of the co-conspirators would be liable, unless there is an overt act. So, for as long as anyone shall desist
before an overt act in furtherance of the crime was committed, such a desistance would negate criminal liability. For as long as none of the conspirators has committed an
overt act, there is no crime yet. But when one of them commits any overt act, all of them shall be held liable, unless 1) a co-conspirator was absent from the scene of the
crime or 2) he showed up, but he tried to prevent the commission of the crime
As a general rule, if there has been a conspiracy to commit a crime in a particular place, anyone who did not appear shall be presumed to have desisted . The
exception to this is if such person who did not appear was the mastermind.
Conspiracy as a crime, must have a clear and convincing evidence of its existence. Every crime must be proved beyond reasonable doubt.
When the conspiracy is just a basis of incurring criminal liability, however, the same may be deduced or inferred from the acts of several offenders in carrying out the
commission of the crime. The existence of a conspiracy may be reasonably inferred from the acts of the offenders when such acts disclose or show a common pursuit of
the criminal objective.
Conspiracy is a matter of substance which must be alleged in the information, otherwise, the court will not consider the same.
A conspiracy is possible even when participants are not known to each other.

Conspiracy13

Proposal14

When two or more persons come to an agreement concerning the

commission of a felony and decide to commit it.

When the person who has decided to commit a felony proposes its execution
to some other person or persons.

Elements

a. Agreement among 2 or more persons to commit a crime

a. A person has decided to commit a crime

b. They decide to commit it

b. He proposes its commission to another

a. Conspiracy to commit sedition

a. Proposal to commit treason

b. Conspiracy to commit rebellion

b. Proposal to commit rebellion or insurrection

Crimes

c. Conspiracy to commit treason

f) Multiple Offenders (differences, rules, effects)

Habitual delinquency

Recidivism

Two convictions are enough.

At least three convictions are required.

The crimes are not specified; it is enough that they may be embraced under
the same title of the Revised Penal Code.

The crimes are limited and specified to:

(a) serious physical injuries,
(b) less serious physical injuries,
(c) robbery,
(d) theft,
(e) estafa or swindling and
(f) falsification.

There is no time limit between the first conviction and the subsequent
conviction. Recidivism is imprescriptible.

There is a time limit of not more than 10 years between every convictions
computed from the first conviction or release from punishment thereof to
conviction computed from the second conviction or release therefrom to the
third conviction and so on .

There is conspiracy when the offenders acted simultaneously pursuing a common criminal design; thus, acting out a common criminal intent.
Even though there was conspiracy, if a co-conspirator merely cooperated in the commission of the crime with insignificant or minimal acts, such that even without his
cooperation, the crime could be carried out as well, such co-conspirator should be punished as an accomplice only.

13 Punishable in the following cases: treason, rebellion or insurrection, sedition, coup d etat, arson
14 Only the person proposing or the proponent is criminally liable

and monopolies and combinations in restraint of trade.

Proposal is true only up to the point where the party to whom the proposal was made has not yet
accepted the proposal. Once the proposal was accepted, a conspiracy arises. Proposal is unilateral, one party makes a proposition to the other; conspiracy is bilateral, it
requires two parties

It is a generic aggravating circumstance which can be offset by an ordinary

mitigating circumstance. If not offset, it would only increase the penalty
prescribed by law for the crime committed to its maximum period.

The circumstance need not be alleged in the information.

It is a special aggravating circumstance, hence it cannot be offset by any

mitigating circumstance. Aside from the penalty prescribed by law for the crime
committed, an additional penalty shall be imposed depending upon whether it
is already the third conviction, the fourth, the fifth and so on .

The circumstance must be alleged in the information; otherwise the court

cannot acquire jurisdiction to impose additional penalty.

Reiteracion15

Recidivism

Necessary that offender shall have served out his sentence for the first
sentence

Enough that final judgment has been rendered in the first offense

Previous and subsequent offenses must not be embraced in the same title of
the Code

Same title

Not always an aggravating circumstance

Always aggravating

Offenders
Recidivist one who at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced in the
same title of the RPC.16

Effects
Generic aggravating

Reiteracion or habituality one who has been punished for an offense to

which the law attaches an equal or greater penalty.17

May be aggravating depending on the discretion of the court.

Quasi-recidivism any person who shall commit a felony after having been
convicted by final judgment, before beginning to serve such sentence, or
while serving the same, shall be punished by the maximum period of the

The penalty is raised to the maximum period of the penalty prescribed for the
new felony.
a) Upon a third conviction, the culprit shall be sentenced to the penalty

15 Thus, if A has been convicted of Murder, and after grant of parole committed Homicide, he labors under this paragraph (10) known as reiteracion, but he is also
suffering from recidivism (recidencia). In such a case, he will be considered only as recidivist, and par. 10 will no longer apply to him.

16 It is important that the conviction which came earlier must refer to the crime committed earlier than the subsequent conviction.

Basis: Greater perversity of the

offender as shown by his inclination to commit crimes
Requisites:
a. offender is on trial for an offense
b. he was previously convicted by final judgment of another crime
c. that both the first and the second offenses are embraced in the same title of the RPC (not special law)
d. the offender is convicted of the new offense
Recidivism must be taken into account no matter how many years have intervened between the first and second felonies
To prove recidivism, it must be alleged in the information and with attached certified copies of the sentences rendered against the accused
Exceptions: if the accused does not object and when he admits in his confession and on the witness stand

17 In reiteracion, the penalty attached to the crime subsequently committed should be higher or at least equal to the penalty that he has already served. If that is the
situation, that means that the offender was never reformed by the fact that he already served the penalty imposed on him on the first conviction. However, if he commits a
felony carrying a lighter penalty; subsequently, the law considers that somehow he has been reformed but if he, again commits another felony which carries a lighter
penalty, then he becomes a repeater because that means he has not yet reformed.
You will only consider the penalty in reiteracion if there is already a second
conviction. When there is a third conviction, you disregard whatever penalty for the subsequent crimes committed. Even if the penalty for the subsequent crimes
committed are lighter than the ones already served, since there are already two of them subsequently, the offender is already a repeater.
However, if there is only a second conviction, pay attention to the penalty attached to the crime which was committed for the second crime. That is why it is said that
reiteracion is not always aggravating. This is so because if the penalty attached to the felony subsequently committed is not equal or higher than the penalty already
served, even if literally, the offender is a repeater, repetition is not aggravating.

penalty prescribed by law for the new felony.

Habitual delinquency when a person, within a period of 10 years from the
date of his release or last conviction of the crimes of serious or less serious
physical injuries, robbery, theft, estafa or falsification, is found guilty of any of
said crimes a third time or oftener.18

provided by law for the last crime of which he be found guilty and to the
additional penalty of prision correccional in its medium and maximum periods;
b) Upon a fourth conviction, the culprit shall be sentenced to the penalty
provided for the last crime of which he be found guilty and to the additional
penalty of prision mayor in its minimum and medium periods; and
c) Upon a fifth or additional conviction, the culprit shall be sentenced to the
penalty provided for the last crime of which he be found guilty and to the
additional penalty of prision mayor in its maximum period to reclusion temporal
in its minimum period.
Notwithstanding, the total of the two penalties to be imposed upon the offender
shall in no case exceed 30 years.19

g) Complex Crimes vis Special Complex Crimes20

Complex crime
Committed either when a single act constitutes two or more grave or less
grave felonies; or when an offense is a necessary means for committing the
other. 22 In both cases, the penalty for the more serious crime shall be
imposed and is to be applied in its maximum period. It has two kinds:
compound crime23 and complex crime proper.24

Special complex crime21

Made up of more than one crime, but which, in the eyes of the law, warrants a
single indivisible offense. They are regarded as a special species of complex
crime because there is one specific penalty imposed.25

18 When the offender is a recidivist and at the same time a habitual delinquent, the penalty for the crime for which he will be convicted will be increased to the maximum
period unless offset by a mitigating circumstance. After determining the correct penalty for the last crime committed, an added penalty will be imposed in accordance with
Article 62. Habitual delinquency, being a special or specific aggravating circumstance must be alleged in the information. If it is not alleged in the information and in the
course of the trial, the prosecution tried to prove that the offender is a habitual delinquent over the objection of the accused, the court has no jurisdiction to consider the
offender a habitual delinquent.

19 Art. 62, no. 5.

20 In case the crime committed is a composite crime, the conspirator will be liable for all the acts committed during the commission of the crime agreed upon.

This is

because, in the eyes of the law, all those acts done in pursuance of the crime agreed upon are acts which constitute a single crime.

21 or composite crime
22 Art. 48
23 When a single act constitutes 2 or more grave or less grave felonies
24 Requisites: 1) that only one single act is committed by the offender
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
When an offense is a necessary means for committing another
Requisites:
1) that at least 2 offenses are committed
2) that one or some of the offenses must be necessary to commit the other
3) that both or all the offenses must be punished under the same statute

25 An example of special complex crime is rape with homicide, when the homicide is consummated; otherwise they are separate offenses; kidnapping with homicide;
robbery with arson.

Art. 48 is not applicable in case of special complex crimes specially provided for in the Revised Penal code like Robbery with Homicide or Rape or
Arson26 or Rape with Homicide27 and applies only when no specific penalty is stated in the law.
3. Circumstances which Affect Criminal Liability
a) Justifying Circumstances28
The acts of the actor are in accordance with law and hence, he is justified; no criminal and civil liability because there is no crime.
i) Anti-Violence against Women and their Children Act of 200429
a) Battered woman30 syndrome
A scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative
abuse.31
Characterized by the so- called cycle of violence, which has 3 phases:
1. Tension building phase
2. Acute battering incident
3. Tranquil, loving32 phase33
b) Exempting Circumstances
There is an absence of voluntariness, and hence, though there is a crime, there is no criminal liability.
i) Juvenile Justice and Welfare Act of 2006;34 also refer to Child and Youth Welfare Code35
1) Definition of child in conflict with the law

26 Sec. 9, R.A. 7659 amending par. 1 of Art. 294

27 Sec. 11, id. amending Art. 335.
28 See Reference
29 R.A. 9262
30 A woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without
concern for her rights. Includes wives or women in any form of intimate relationship with men.
In order to be classified as a battered woman, the couple must go through the battering cycle at least twice. Any woman may find herself in an abusive relationship
with a man once. If it occurs a second time, and she remains in the situation, she is defined as a battered woman. (People v.Genosa, G.R. No. 135981, Jan. 15, 2004)

31 Sec. 3 (c)
32 or

at least non-violent

33 One must undergo

3 phases to establish the pattern of violence. One must pass 2 cycles, each with 3 phases.

34 R.A. 9344
35 P.D. 603, as amended

A child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.36
2) Minimum age of criminal responsibility
Age Bracket

Criminal Liability

Treatment

15 years old or below

Exempt

The child shall be subjected to an intervention program

Above 15 but below 18, who acted without discernment

Exempt

The child shall be subjected toan intervention program

Above 15 but below 18, who acted with discernment

Not exempt

The child shall be subjected to the appropriate

proceedings in accordance with the Act.

The exemption from criminal liability does not include exemption from civil liability, which shall be enforced in accordance with existing laws.37
3) Determination of age
The age of a child may be determined from the child's:
1. Birth certificate
2. Baptismal certificate
3. Any other pertinent documents
In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical
appearance of the child and other relevant evidence.38 In case of doubt as to the age of the child, it shall be resolved in his/her favor.
4) Exemption from criminal liability39
c) Mitigating circumstances
Have the effect of reducing the penalty because there is a diminution of any of the elements of dolo or culpa, which makes the act voluntary or
because of the lesser perversity of the offender.
d) Aggravating circumstances
Serve to increase the penalty without exceeding the maximum provided by law because of the greater perversity of the offender as shown by the
motivating power of the commission of the crime, the time and place of committing the crime and the means employed or the personal circumstances of the
offender.

Generic

Generally applies to all crimes40

Qualifying

Changes the nature of the felony41

36 Sec. 4 (e), R.A. 9344. The child in conflict with the law shall enjoy the presumption of minority. He/she shall enjoy all the rights of a child in conflict with
the law until he/she is proven to be 18 years old or older.

37 Sec. 6, R.A. 9344

38 Sec. 7, ibid.
39 See Minimum age of criminal responsibility, supra

Can be offset by an ordinary mitigating circumstance.

Cannot be offset by any mitigating circumstances.
It is not an ingredient of a crime. It only affects the penalty to be imposed
but the crime remains the same.

The circumstance is actually an ingredient of the crime. The circumstance

affects the nature of the crime itself such that the offender shall be liable
for a more serious crime.

No need to allege this circumstance in the information, as long as it is

proven during trial.

To be appreciated as such, must be specifically alleged in the complaint or

information.

If it is proved during trial, the same is considered in imposing the penalty.

If not alleged but proven during the trial, it will be considered only as generic
aggravating circumstance. If this happens,
they are susceptible of being offset by an ordinary mitigating circumstance.42

a)

Decree Codifying the Laws on Illegal / Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition, of Firearms, Ammunition or Explosives43 as an aggravating circumstance

The use of an unlicensed firearm to commit murder or homicide is an aggravating circumstance.

Hence, illegal possession or use of unlicensed firearm is no longer punished as a separate offense.44
Although the circumstance that human life was destroyed with the use of an unlicensed firearm is not aggravating under Art. 14, RPC, it may still be
taken into consideration to increase the penalty because of the explicit provisions of the Presidential Decree No. 1866, as amended by R.A. 8294.
R.A. 8294 penalizes simple illegal possession of firearms, provided that the person arrested committed no other crime. Furthermore, if the person is
held liable for murder or homicide, illegal possession of firearms is an aggravating circumstance, but not a separate offense. 45
Under Sec. 3 thereof, when a person commits any of the crimes defined in the Revised Penal Code or special laws with the use of explosives like pill
box, motolov cocktail bombs, firebombs or other incendiary devices which result in the death of a person, such use shall be considered as an aggravating
circumstance.
b) The Comprehensive Dangerous Drugs Act of 200246
i) As a qualifying aggravating circumstance

40 like recidivism
41 as treachery in homicide to murder
42 When there is more than one qualifying aggravating circumstance present, one of them will be appreciated as qualifying aggravating while the
others will be considered as generic aggravating.

43 P.D. 1866, as amended by R.A. 8294

44 If the illegal possession or use of unlicensed firearm or explosives is in furtherance of, or incident to, or in connection with the crimes of rebellion,
insurrection, or subversion shall be absorbed as an element of such crimes. Penalty for mere possession of an unlicensed firearm is based on whether the
firearm is low-powered or high-powered.
Unlicensed firearm shall include: firearms with expired license; or unauthorized use of licensed firearm in the commission of the crime.

45 Hence, where an accused was convicted of direct assault with multiple attempted homicide for firing an unlicensed M-14 rifle at several policemen who were about
to serve a search warrant, he cannot be held guilty of the separate offense of illegal possession of firearms. (People vs. Ladjaamlam)

46 R.A. 9165

A positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and the
application of the penalty provided for in the Revised Penal Code shall be applicable.47
ii) Immunity from prosecution and punishment, coverage
Any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, 48 who voluntarily gives information about any violation of
Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act 49 as well as any violation of the offenses mentioned if committed by a drug syndicate, or any information
leading to the whereabouts, identities and arrest of all or any of the members thereof; and who willingly testifies against such persons as described above, shall
be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given, and may plead or prove the
giving of such information and testimony in bar of such prosecution.
Conditions:
1) The information and testimony are necessary for the conviction of the persons described above;
2) Such information and testimony are not yet in the possession of the State;
3) Such information and testimony can be corroborated on its material points;
4) the informant or witness has not been previously convicted of a crime involving moral turpitude, except when there is no other direct evidence
available for the State other than the information and testimony of said informant or witness; and
5) The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing, lawfully imposed by
the State as further consideration for the grant of immunity from prosecution and punishment.
The immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her
information or testimony were given and there is no direct evidence available for the State except for the information and testimony of the said informant or
witness.50
iii) Minor offenders
An accused who is over fifteen (15) years of age at the time of the commission of the offense mentioned in Section 11 of this Act, but not more than
eighteen (18) years of age at the time when judgment should have been promulgated after having been found guilty of said offense, may be given the benefits
of a suspended sentence.
Conditions:
a) He/she has not been previously convicted of violating any provision of this Act, or of the Dangerous Drugs Act of 1972, as amended; or of the
Revised Penal Code; or of any special penal laws;
b) He/she has not been previously committed to a Center or to the care of a DOH-accredited physician; and
c) The Board favorably recommends that his/her sentence be suspended.
While under suspended sentence, he/she shall be under the supervision and rehabilitative surveillance of the Board, under such conditions that the
court may impose for a period ranging from six (6) months to eighteen (18) months.
Upon recommendation of the Board, the court may commit the accused under suspended sentence to a Center, or to the care of a DOH-accredited
physician for at least six (6) months, with after-care and follow-up program for not more than eighteen (18) months.
In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized under this Act, Article 192 of Presidential
Decree No. 603, otherwise known as the Child and Youth Welfare Code, as amended by Presidential Decree No. 1179 shall apply, without prejudice to the
application of the provisions of this Section.51
iv) Application/Non application of RPC provisions cf. Art. 10, RPC
The provisions of the Revised Penal Code, as amended, shall not apply to the provisions of this Act, except in the case of minor offenders. Where the
offender is a minor, the penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death.52

47 Sec. 25
48 See Reference
49 ibid.
50 Sec. 33
51 Sec. 66
52 Sec. 98

e) Alternative Circumstances
Those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and other conditions
attending its commission.
f) Absolutory Cause
A circumstance which is present prior to or simultaneously with the offense, by reason of which, the accused who acts with criminal intent, freedom,
and intelligence, does not incur criminal liability for an act, which constituted a crime.
It is present "where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed. 53
4. Persons Criminally Liable/Degree of Participation
a) Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders54
i) Punishable acts
Any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of
criminal cases by committing any of the following acts:
(a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or the identity of any offender/s
by means of bribery, misrepresentation, deceit, intimidation, force or threats;
(b) altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair its verity, authenticity, legibility,
availability, or admissibility as evidence in any investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or official
proceedings in, criminal cases;
(c) harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any
offense under existing penal laws in order to prevent his arrest prosecution and conviction;
(d) publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the execution of a judgment, or concealing his true
name and other personal circumstances for the same purpose or purposes;
(e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices, in
Tanodbayan, or in the courts;
(f) making, presenting or using any record, document, paper or object with knowledge of its falsity and with intent to affect the course or outcome of
the investigation of, or official proceedings in, criminal cases;
(g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting, or impeding the prosecution of a criminal
offender;
(h) threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any immediate member or
members of his family in order to prevent such person from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a condition,
whether lawful or unlawful, in order to prevent a person from appearing in the investigation of or in official proceedings in, criminal cases;
(i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the
life or property of the victim; or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information
and not for publication and publishing or disseminating the same to mislead the investigator or to the court.
If any of the acts mentioned herein is penalized by any other law with a higher penalty, the higher penalty shall be imposed.55
ii) Compare with Article 20,56 RPC

53 I Reyes, The Revised Penal Code, 13th ed., 1993, pp. 231-232.Article 247 is an example of an absolutory cause (see Reference)
54 P.D. 1829
55 Sec. 1, id.
56 Accessories who are exempt from criminal liability

Basis: Ties of blood and the preservation of the cleanliness of ones name which compels one to conceal crimes
committed by relatives so near as those mentioned.
Nephew and Niece not included
Accessory not exempt when helped a relative-principal by profiting from the effects of the crime, or assisted the offender to profit from the effects of the crime.
Only accessories covered by par 2 and 3 are exempted.
Public officer who helped his guilty brother escape does not incur criminal liability as ties of blood constitutes a more powerful incentive than the call of duty.

The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate,
natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, except accessories falling within the provisions of paragraph 1 57 of
Article 19, RPC.
5. Penalties
Penalty is the punishment imposed by lawful authority upon a person who commits an unlawful, deliberate or negligent act.58
a) General Principles - Act Prohibiting the Imposition of Death Penalty in the Philippines59
The imposition of death penalty has been prohibited. Pursuant to Section 2 of R.A. 9346, the property penalty to be imposed on appellant is
reclusion perpetua. R.A. 9346 should be applied even if the crime was committed prior to the enactment of the law in view of the principle in criminal law that
favorabilia sunt amplianda adiosa restrigenda. Penal laws which are favorable to the accused are given retroactive effect.60
b) Purposes
1. Deterrence - to prevent crimes
2. Retribution - to punish them for what they did
3. Rehabilitation - to get them whipped back into shape
4. Safety - to protect the public from dangerous criminals.
c) Classification
Scale

Principal Penalties

Accessory Penalties

Capital punishment:
Perpetual or temporary absolute disqualification,
Death.
Afflictive penalties:
Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prision mayor.

Perpetual or temporary special disqualification,

Suspension from public office, the right to vote and be voted for, the profession or calling.

57 See Reference
58 People vs. Moran, 44 Phil. 431
59 R.A. 9346
60 PP v. Canuto, G.R. No. 166544, 27 July 2007, 528 SCRA 366, 377.

Correctional penalties:

Civil interdiction,

Indemnification,
Prision correccional,
Arresto mayor,
Suspension,
Destierro.

Forfeiture or confiscation of instruments and proceeds of the offense,

Payment of costs.61

Light penalties:
Arresto menor,
Public censure

Penalties common to the three preceding classes:

Fine, and
Bond to keep the peace

d) Duration and Effects

Duration
Reclusion perpetua

Twenty (20) years and one day to forty (40) years.

Reclusion temporal

Twelve (12) years and one day to twenty (20) years.

Prision mayor and temporary disqualification

Six (6) years and one day to twelve (12) years, except when the penalty of disqualification is
imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.
Six (6) months and one day to six (6) years, except when suspension is imposed as an
accessory penalty, in which case, its duration shall be that of the principal penalty.

Prision correccional, suspension, and destierro

Arresto mayor

One (1) month and one day to six (6) months.

Arresto menor

One (1) day to thirty (30) days.

Bond to keep the peace

Required to cover such period of time as the court may determine.62

Effects
The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects:
1. The deprivation of the public offices and employments which the offender may have held even if conferred by popular election.
2. The deprivation of the right to vote in any election for any popular elective office or to be elected to such office.
3. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned.
In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the
sentence.
4. The loss of all rights to retirement pay or other pension for any office formerly held. Art. 30

61 Art. 25
62 Art. 27, ibid. as amended by Sec. 21, R. A. 7659.

The penalties of perpetual or temporary special disqualification for public office, profession or calling shall produce the following effects:
1. The deprivation of the office, employment, profession or calling affected;
2. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence, according to the extent of such
disqualification. Art. 31
The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the offender perpetually or during the term of
the sentence, according to the nature of said penalty, of the right to vote in any popular election for any public office or to be elected to such office. Moreover,
the offender shall not be permitted to hold any public office during the period of his disqualification. Art. 32
The suspension from public office, profession or calling, and the exercise of the right of suffrage shall disqualify the offender from holding such office
or exercising such profession or calling or right of suffrage during the term of the sentence.
The person suspended from holding public office shall not hold another having similar functions during the period of his suspension. Art. 33
Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person
or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter
vivos. Art. 34
A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms
of the pardon. Art. 36
A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence.
Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amounts previously
determined by law or regulations in force, or amounts not subject to schedule. Art. 37
In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following
order: Art. 38
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The costs of the proceedings.
If the convict has no property with which to meet the fine mentioned, he shall be subject to a subsidiary personal liability at the rate of one day for
each eight pesos, subject to the following rules:
1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under confinement until his fine referred in the
preceding paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue for
more than one year, and no fraction or part of a day shall be counted against the prisoner.
2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the culprit shall have been
prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light felony.
3. When the principal penalty imposed is higher than prision correccional no subsidiary imprisonment shall be imposed upon the culprit.
4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed duration, the convict, during
the period of time established in the preceding rules, shall continue to suffer the same deprivation as those of which the principal penalty consists.
5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him from the fine in case his
financial circumstances should improve63
e) Application
i) Indeterminate Sentence Law64
Governs whether the crime is punishable under the Revised Penal Code or a special Law. It is not limited to violations of the Revised Penal Code.
It applies only when the penalty served is imprisonment. If not by imprisonment, then it does not apply.
a) Application on the imposed sentence
Courts are required to fix a minimum and a maximum of the sentence that they are to impose upon an offender when found guilty of the crime
charged. So, whenever the Indeterminate Sentence Law is applicable, there is always a minimum and maximum of the sentence that the convict shall serve. If
the crime is punished by the Revised Penal Code, the law provides that the maximum shall be arrived at by considering the mitigating and aggravating
circumstances in the commission of the crime according to the proper rules of the Revised Penal Code. To fix the maximum, consider the mitigating and
aggravating circumstances according to the rules found in Article 64.65

63 Art. 39, as amended by R.A. 5465, April 21, 1969.

64 R.A. 4103, as amended. ISL should not be applied when it is unfavorable to the accused.
ISL does not apply to non-divisible penalties.
Rule under Art 64 shall apply in determining the maximum but not in determining the minimum.

b)

Coverage

It applies to
1.
2.

Crimes punished by the Revised Penal Code

Special Laws66
c)

Conditions of parole

The prisoner could be released on parole after serving the minimum sentence and could be re-arrested to serve the maximum.
ii) Three-fold Rule
The maximum duration of the convicts sentence shall not be more than three (3) times the length of time corresponding to the most severe of the
penalties imposed upon him and shall not exceed forty (40) years. No other penalty shall be inflicted after the sum of those imposed equals the said maximum
period.67 The most severe penalties include equal penalties. However, the 3-fold rule applies only when the convict has to serve at least 4 sentences. 68
iii) Subsidiary Imprisonment
It is imposed when the person has no property with which to meet the fine mentioned in Article 38, par. 3 at the rate of one day for each P8.00. 69
However, in order that subsidiary imprisonment may be enforced, it must be expressly stated in the judgment that in case of failure to pay the fine,
the accused must suffer subsidiary imprisonment. In absence of such express statement, the subsidiary imprisonment cannot be imposed. The reason is
because subsidiary imprisonment is a substitute principal penalty, not an accessory penalty. 70
It is the personal penalty prescribed by law in substitution of the payment of fine embodied in the decision when the same cannot be satisfied
because of the culprits insolvency.71

65 This means 1. Penalties prescribed by the law for the crime committed shall be imposed in the medium period if no mitigating or aggravating circumstance;
2. If there is aggravating circumstance, no mitigating, penalty shall be imposed in the maximum;
3. If there is mitigating circumstance, no aggravating, penalty shall be in the minimum;
4. If there are several mitigating and aggravating circumstances, they shall offset against each other. Whatever remains, apply the rules.
5. If there are two or more mitigating circumstance and no aggravating circumstance, penalty next lower in degree shall be the one imposed.

66 The Indeterminate Sentence Law shall not apply to: 1. Persons convicted of offense punishable with death penalty or life imprisonment;
2. Persons convicted of treason, conspiracy or proposal to commit treason;
3. Persons convicted of misprision of treason, rebellion, sedition, espionage;
4. Persons convicted of piracy;
5. Persons who are habitual delinquents;
6. Persons who shall have escaped from confinement or evaded sentence;
7. Those who have been granted conditional pardon by the Chief Executive and shall have violated the term thereto;
8. Those whose maximum term of imprisonment does not exceed one (1) year, but not to those already sentenced by final judgment at the time of the approval of
Indeterminate Sentence Law.
9. Those sentenced to destiero or suspension (this are not punishable by imprisonment)

67 pars. 4 and 5, Art. 70

68 It should be noted however, that the duration of the convicts sentence refers to several penalties for different offenses, not yet served.
69 Art. 39
70 Ramos v. Gonong, 72 SCRA 59
71 People vs. Jarumayan, 52 O.G. 248 There is no subsidiary penalty if:
a. The principal penalty is higher than prision correccional;
b. It is not of fixed duration;
c. The subsidiary penalty, though properly imposable is not expressly stated in the judgment;
d. The penalty is not FIDS (Fine; Imprisonment and fine; destierro and fine; suspension and fine); or

f) Execution and Service

i) Probation Law72
a) Definition of terms

Probation

A disposition under which a defendant, after conviction and sentence, is released

subject to conditions imposed by the court and to the supervision of a probation
officer.

Probationer

A person placed on probation.

Probation Officer

One who investigates for the court a referral for probation or supervises a
probationer or both.73

b) Purpose
To establish a more enlightened and humane correctional systems that will promote the reformation of offenders and thereby reduce the incidence of
recidivism.74
c) Grant of probation, manner and conditions
The court may, after it shall have convicted and sentenced a defendant and upon application at any time of said defendant, suspend the execution of
said sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best.

Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An application for probation shall be filed with the trial
court, with notice to the appellate court if an appeal has been taken from the sentence of conviction. The filing of the application shall be deemed a waiver of the
right to appeal, or the automatic withdrawal of a pending appeal.

An order granting or denying probation shall not be appealable.75

The probation law imposes two kinds of conditions

Mandatory conditions
1) The convict must report to the Probation Officer (PO) designated
in the court order approving his application for Probation within 72
hours from receipt of Notice of such order approving his application;
e. The penalty does not include fine

72 P.D. 968, as amended

73 Sec. 3
74 WHEREAS clause
75 Sec. 4.

Discretionary conditions:
The trial court, which approved the application for probation, may impose any
condition which may be constructive to the correction of the offender, provided the
same would not violate the constitutional rights of the offender and subject to this

and

two (2) restrictions:

2) The convict, as a probationer, must report to the PO at least

once a month during the period of probation unless sooner required
by the PO.

(1) the conditions imposed should not be unduly restrictive of the probationer; and
(2) such condition should not be incompatible with the freedom of conscience of the
probationer.

These conditions being mandatory, the moment any of these is

violate, the probation is cancelled.

d) Criteria of placing an offender on probation

The court shall consider all information relative to the character, antecedents, environment, mental and physical condition of the offender, and
available institutional and community resources. Probation shall be denied if the court finds that:
a) the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or
b) there is undue risk that during the period of probation the offender will commit another crime; or
c) probation will depreciate the seriousness of the offense committed.
e) Disqualified offenders
Those:
a) sentenced to serve a maximum term of imprisonment of more than six (6) years;
b) convicted of any offense against the security of the State;
c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a
fine of not less than Two Hundred Pesos;
d) who have been once on probation under the provisions of this Decree; and
e) who are already serving sentence at the time the substantive provisions of this Decree became applicable. 76
f) Period of probation

a) Sentenced to a term of imprisonment of not more than one (1) year

Not to exceed two (2) years.

In all other cases, said period shall not exceed six (6) years.

Not less than nor more than twice the total number of days of subsidiary
imprisonment.77
b) Sentence imposes a fine only and the offender is made to serve
subsidiary imprisonment in case of insolvency.

76 Sec. 9.
77 computed at the rate established in Art. 39 of the Revised Penal Code (Sec. 14)

g) Arrest of probationer
At any time during probation, the court may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation. The
probationer, once arrested and detained, shall immediately be brought before the court for a hearing, which may be informal and summary, of the violation
charged. The defendant may be admitted to bail pending such hearing. In such a case, the provisions regarding release on bail of persons charged with a crime
shall be applicable to probationers arrested under this provision. If the violation is established, the court may revoke or continue his probation and modify the
conditions thereof. If revoked, the court shall order the probationer to serve the sentence originally imposed. An order revoking the grant of probation or
modifying the terms and conditions thereof shall not be appealable.78
h) Termination of probation; exceptions
After the period of probation and upon consideration of the report and recommendation of the probation officer, the court may order the final
discharge of the probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed terminated.
The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend as a result of his conviction and to fully discharge
his liability for any fine imposed as to the offense for which probation was granted.
The probationer and the probation officer shall each be furnished with a copy of such order.79
i) The Comprehensive Dangerous Drugs Act of 200280
Any person convicted for drug trafficking or pushing under this Act, regardless of the penalty imposed by the Court, cannot avail of the privilege
granted by the Probation Law or Presidential Decree No. 968, as amended.81
ii) Juvenile Justice and Welfare Act of 2006;82 also refer to Child and Youth Welfare Code83
a) Definition of child in conflict with the law
b) Exemption from criminal liability
c) Juvenile justice and welfare system
A system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceedings, including programs and
services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development.
g) Distinguished from preventive imprisonment
Preventive imprisonment is the incarceration undergone by a person accused of a crime which is not bailable, or even if bailable, cannot afford to
post the bond. During the trial of his case, he is detained in jail. He is known as detention prisoner. 84
6. Modification and Extinction of Criminal Liability

78 Sec. 15.
79

Sec. 16

80

R.A. 9165

81

Sec. 24, id.

82

R.A. 9344

83

P.D. 603, as amended

84 Art. 29 of the RPC (period of preventive imprisonment deducted from term of imprisonment) is applicable to both divisible and indivisible penalties because said
article did not make any distinctions.

a) Prescription of crimes
It is the forfeiture or loss of the right of the State to prosecute the offender or file criminal action after the lapse of a certain period of time. 85
The period of prescription shall commence to run from the day of discovery of the crime by the offended party, the authorities or their agents. 86
The period shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate
without the accused being convicted or acquitted, or are unjustifiably stopped from any reason not imputable to him.
Crimes punishable by death, reclusion perpetua or reclusion temporal

Twenty (20) years.

Crimes punishable by other afflictive penalties

Fifteen (15) years.

Correctional penalty

Ten (10) years.87

Libel or other similar offenses

One (1) year.

Oral defamation and slander by deed

Six (6) months

Light offenses

Two (2) months

b) Prescription of penalties
The loss or forfeiture of the right of the State to execute the final sentence of conviction after the lapse of a certain period of time. The penalty, to be
subject of prescription, must have been imposed by final judgment.

Death and reclusion perpetua

Twenty (20) years

Other afflictive penalties

Fifteen (15) years

Correctional penalties

Ten (10) years.88

Light penalties

One (1) year. 89

c) Pardon90 by offended party

Only extinguishes civil liability. However, in cases of adultery, concubinage, rape, acts of lasciviousness, seduction or abduction when granted before
the institution of the criminal action also extinguishes criminal liability.91
Under R.A. 8353, in the crime of rape, if it is the husband who is the offender, the subsequent forgiveness by the wife shall extinguish the criminal
action or the penalty except when the marriage is void ab initio.92
d) Pardon by the Chief Executive

85 See Reyes, Revised Penal Code, Book I

86 Art. 91
87 Except those punishable by arresto mayor - five (5) years
88 Except the penalty of arresto mayor five (5) years.
89 Art. 92
90 An act of grace which exempts the individual on whom it is bestowed from the punishment which the law inflicts for the crime he has committed (De Leon vs. Dir. Of
Prisons, 31 Phil 60).

91 Art. 344
92 Sec. 2

Extinguishes criminal liability of the offender. It cannot include civil liability which the offender must pay. It is granted only after conviction and may be
extended to any of the offenders.
e) Amnesty
A pardon extended by the government to a group or class of persons, usually for a political offense; the act of sovereign power officially forgiving
certain classes of persons who are subject to trial but have not yet been convicted. 93
Needs concurrence of congress. It looks backward and abolishes and puts into oblivion the offense itself; it so overlooks and obliterates the offense
with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense. 94 Thus, Art. 89 says xxx
by amnesty which completely extinguishes the penalty and all its effects.

93 Blacks Law Dictionary, 9th Ed.

94 Barroquinto, et al. Fernandez, et al., 82 Phil. 642