CRIMINAL LAW PANIC NOTES

BY: KRISTINE CONFESOR

1) Theories of Criminal Law

a. Classical Theory – basis is man’s free will to choose between good and evil, that is why
more stress is placed upon the result of the felonious act than upon the criminal himself.
The purpose of the penalty is retribution. The RPC is generally governed by this theory.
b. Positivist Theory – basis is the sum of social and economic phenomena which
conditions man to do wrong in spite of or contrary to his volition. This is exemplified in
the provisions of impossible crimes and habitual delinquency.
c. Mixed Theory – combination of the classical and positivist theories wherein crimes that
are economic and social in nature should be dealt in a positive manner. The law is thus
more compassionate.

2) Art. 3, RPC
Acts and omissions punishable by law are felonies. Felonies are committed not only by means of
deceit (dolo), but also by means of fault (culpa). There is deceit when the act is done with
deliberate intent, and there is fault when the wrongful act results from imprudence, negligence,
lack of foresight, and lack of skill.

3) Art. 4, RPC
Criminal liability shall be incurred:
(1) By any person committing a felony although the wrongful act done be different from that
which he intended;
(2) By any person performing an act which would be an offense against persons or property
where it not for the inherent impossibility of its accomplishment or on account of the
employment of inadequate or ineffectual means.

4) Distinctions on Causes which produces a different result

FACTO EFFECT ON EFFECT ON
INTENT CRIMINAL
LIABILITY
ERROR IN PERSONAE Application of the Extenuating if the
Intended result falls on another due to error Transferred intent resulting crime is
in identity of the victim Rule- the actual greater than intended,
Requisites: victim turns out to be e.g. parricide when the
a. offender committed an intentional different from the intended crime is
felony; intended victim homicide pursuant to
b. the consequent victim against whom Art. 49, no effect if the
the felony was directed is different from resulting offense is
that intended due to mistake of identity. similar
ABERRATIO ICTUS Intended result falls Increases criminal
characterized by aiming at one but hitting on another person liability which generally
the other due to imprecision in the blow. which may be in results to a complex
Requisites: addition to the injury crime
a. offender committed intentional felony; on the originally
b. the consequent victim against whom intended victim
the felony was directed is different
from that intended due to mistake of
blow.
PRAETER INTENTIONEM Injurious result is Mitigating
Actual crime committed greater than greater than that circumstance under
intended intended Art. 13 (3)

Requisites:
a. offender committed an intentional
felony;
b. the wrong act done, which is graver
than that intended, is the direct, natural
and logical consequence of the felony
committed by the offender.

5) Stages in the Commission of a Felony

Art. 6, RPC
Consummated Felonies as well as those which are frustrated and attempted are punishable.
- A felony is consummated when all the elements necessary for its execution and
accomplishment are present, and
- It is frustrated when the offender performs all the acts of execution which would produce
the felony as a consequence, BUT which nevertheless do not produce it by reason of
causes independent of the will of the perpetrator.
- There is an attempt when the offender commences the commission of a felony directly by
overt acts and does not perform all the acts of execution which would produce the felony,
by reason of some cause or accident other than his own spontaneous desistance.

6) Conspiracy and Proposal to Commit Felony

1
 CRIMINAL LAW PANIC NOTES
BY: KRISTINE CONFESOR

Art. 7, RPC
Conspiracy and proposal to commit felony are punishable only in the cases in which the law
specially provides a penalty therefor.
- A conspiracy exists when 2 or more persons come to an agreement concerning the
commission of a felony and decide to commit it.
- There is proposal when the person who has decided to commit a felony proposes its
execution to some other person or persons.

ESTRADA VS SANDIGANBAYAN
In the American jurisdiction, the presence of several accused in multiple conspiracies
commonly involves two structures:
(1) the so-called wheel or circle conspiracy, in which there is a single person or group (the
hub) dealing individually with two or more other persons or groups (the spokes); and
(2) the chain conspiracy, usually involving the distribution of narcotics or other contraband,
in which there is successive communication and cooperation in much the same way as
with legitimate business operations between manufacturer and wholesaler, then
wholesaler and retailer, and then retailer and consumer.

From a reading of the Amended Information, the case at bar appears similar to a wheel
conspiracy. The hub is former President Estrada while the spokes are all the accused, and
the rim that encloses the spokes is the common goal in the overall conspiracy, i.e., the
amassing, accumulation and acquisition of ill-gotten wealth.

In our jurisdiction, when conspiracy is charged as a crime, the act of conspiring and all the
elements of said crime must be set forth in the complaint or information. The requirements on
sufficiency of allegations are different when conspiracy is not charged as a crime in itself but
only as the mode of committing the crime as in the case at bar. There is less necessity of
reciting its particularities in the Information because conspiracy is not the gravamen of the
offense charged. The conspiracy is significant only because it changes the criminal liability of
all the accused in the conspiracy and makes them answerable as co-principals regardless of
the degree of their participation in the crime

7) Article 11. Justifying circumstances. - The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the following circumstances
concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means employed to prevent or repel it.
Third. Lack of sufficient provocation on the part of the person defending himself.

2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants,
or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same
degrees and those consanguinity within the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding circumstance are present, and the further
requisite, in case the revocation was given by the person attacked, that the one making
defense had no part therein.
3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and
second requisites mentioned in the first circumstance of this Article are present and that the
person defending be not induced by revenge, resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury, does not act which causes damage to
another, provided that the following requisites are present;

First. That the evil sought to be avoided actually exists;

Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.

5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.
6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.

8) Article 12. Circumstances which exempt from criminal liability. - the following are exempt from
criminal liability:
9. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a
felony (delito), the court shall order his confinement in one of the hospitals or asylums
established for persons thus afflicted, which he shall not be permitted to leave without
first obtaining the permission of the same court.
10. A person under nine years of age.
11. A person over nine years of age and under fifteen, unless he has acted with discernment
12. Any person who, while performing a lawful act with due care, causes an injury by mere
accident without fault or intention of causing it.
13. Any person who act under the compulsion of irresistible force.
14. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
15. Any person who fails to perform an act required by law, when prevented by some lawful
insuperable cause.

2
 CRIMINAL LAW PANIC NOTES
BY: KRISTINE CONFESOR

ABSOLUTORY CAUSES Those where the act committed is a crime but for reasons of public policy and
sentiment there is no penalty imposed. Cases covered are:
1. Where there is spontaneous desistance during attempted stage of a crime – Article 6
2. Where light felony, which is not against person or property is committed in attempted or frustrated
stage – stage Article 7
3. Where accessory is relative of principal – Article 20
4. Where there are legal grounds for arbitrary detention – Article 124
5. Where there are legal grounds for trespass to dwelling – Article 280
6. Where theft, swindling or malicious mischief is committed against relative – Article 322
7. Where spouse or minor daughter was surprised in the act of sexual intercourse with another person –
Article 247
8. Where offender married the offended party in cases involving crime against chastity and rape – Article
344 and 266-C;
9. Mistake of fact;
10. Where there is instigation.

9) Instigation – committed when law officers lure an accused into committing an offense in order to
prosecute him. The instigators become co-principals themselves. As to the accused, it is an
absolutory cause that will lead to his acquittal. It must be distinguished from entrapment which is
defined as ways and means resorted to for the purpose of trapping and capturing lawbreakers in
the execution of their criminal plan which is not an absolutory cause.

10) The following are modifying circumstances which affects the liability of the actor:
a. Justifying Circumstances – where the act of a person is in accordance with law such
that said person is deemed not to have violated the law.

b. Exempting Circumstances – grounds for exemption from punishment because there

is wanting in the agent of the crime any of the conditions which make the act
voluntary or negligent. The basis is on the complete absence of intelligence, freedom
of action, or intent, or on the absence of negligence on the part of the accused.

c. Mitigating Circumstances – those which if present in the commission of the crime,

reduces the penalty but does NOT erase criminal liability nor change the nature of
the crime.

d. Aggravating Circumstances – those which, if attendant in the commission of the

crime, serve to have the penalty imposed in its maximum period provided by law for
the offense or those that change the nature of the crime.

e. Alternative Circumstances – those which must be taken into consideration as

aggravating or mitigating according to the nature and effects of the crime and the
other conditions attending its commission.

11) Ordinary vs Privileged Mitigating Circumstance

Ordinary
Governed by Article 13 in relation to
Article 64
Presence, if not off-set by
aggravating circumstance, has the
effect of applying the penalty in its
minimum period
Can be off-set by aggravating
circumstance
Ex. Article 13 (3) to (10)
Privileged
Subject to Article 13 in relation to
Articles 68 & 69
Presence has the effect of
reducing the penalty one or two
degrees lower
Not subject to the off-set rule
Article 13 (1) and (2)
Article 68 (2)

12) Aggravating Circumstances vs Qualifying Circumstance

a. Aggravating circumstances – those which, if attendant in the commission of the crime, serve to
increase the penalty without however, exceeding the maximum of the penalty provided by law for the
offense.

3
 CRIMINAL LAW PANIC NOTES
BY: KRISTINE CONFESOR

b. Ordinary Aggravating Circumstance – increase the penalty by period or by component if found to be

present in the commission of the crime unless it is offset by mitigating circumstance
c. Special Aggravating Circumstance – increase the penalty by period or by component if found to be
present in the commission of the crime regardless of the presence of mitigating circumstance
Examples: Taking advantage of public position under article 14 (1), habitual delinquency and
organized/syndicated crime group under Article 62 RPC
d. Qualifying Aggravating Circumstance – Example: 1. Qualified piracy – attacking a vessel plus taking of
property is piracy. The penalty of piracy is reclusion perpetua. If piracy is accompanied by rape, crime
committed is qualified piracy. The commission of the rape on the occasion of piracy is a qualifying
circumstance. The penalty for qualified piracy is reclusion perpetua to death.

13) Treachery (Alevosia); There is treachery when the offender commits any the crimes against the
person, employing means, methods or forms in the execution thereof which tend directly and
specially to insure its execution without risk to himself arising from the defense which the
offended party might make.
Elements:
1. At the time of the attack, the victim was not in the position to defend himself;
2. The offender consciously adopted the manner of attack to make the victim defenseless.

Controlling test: Whether the offender consciously or deliberately adopted means and method to
render victim defenseless.

Treachery Absorbs
a. Craft
b. Abuse of Superior Strength
c. Employing means to weaken the defense
d. Cuadrilla
e. Aid of Armed Men
f. Nighttime

14) Article 16. Who are criminally liable. - The following are criminally liable for grave and less grave
felonies:
1. Principals.
2. Accomplices.
3. Accessories.

The following are criminally liable for light felonies:

1. Principals
2. Accomplices.

Article 17. Principals. - The following are considered principals:

1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense by another act without which it would
not have been accomplished.

Article 18. Accomplices. - Accomplices are those persons who, not being included in Article 17,
cooperate in the execution of the offense by previous or simultaneous acts.

Article 19. Accessories. - Accessories are those who, having knowledge of the commission of the
crime, and without having participated therein, either as principals or accomplices, take part
subsequent to its commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by the effects of the crime.
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in
order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided
the accessory acts with abuse of his public functions or whenever the author of the crime is
guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is
known to be habitually guilty of some other crime

15) ANS:
The claim of the Chief of Police is untenable.

Pedro’s act is justified as a valid defense of a relative which falls under Art. 11 (2).
In the case at bar, Pedro stabbed Anecito only when the latter gave another shot at Boy
Bala. Thus, it could be considered as an unlawful aggression to which Pedro merely
responded with reasonable necessity. Moreover, it was not shown that there was any
provation on the part of the person attacked and Pedro took part therein.

The Chief of Police is not liable as a co-principal by inducement.

Under Article 17, any person who directly force or induce others to commit a crime is
liable as a principal by inducement. In this case however, the act of Anecito to shoot Boy

4
 CRIMINAL LAW PANIC NOTES
BY: KRISTINE CONFESOR

Bala was not in accordance to the lawful order of the Chief of Police. Hence, the latter
cannot be held liable as a principal by inducement since an inducement must be the
determinate cause of a crime. Clearly, the order of the COP was to arrest Boy Bala and
shoot to kill him only in the event that he resist the arrest.

16) Article 34. Civil interdiction. - Civil interdiction shall deprive the offender during the time of his
sentence of the
a. rights of parental authority, or
b. guardianship, either as to the person or property of any ward, of
c. marital authority, of the
d. right to manage his property and of the
e. right to dispose of such property by any act or any conveyance inter vivos.

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

18) Amnesty vs Pardon

AMNESTY
Defined as an act of grace concurred in by
the legislature, which is usually extended to
groups of persons who committed political
offenses, which puts into oblivion the offense
itself
PARDON
an act of grace proceeding from the power
entrusted with the execution of the laws which
exempts the individual on whom it is bestowed
from the punishment the law inflicts for the
crime he has committed.

Looks backward and abolishes into oblivion
the offense itself
A public act of which the court should take
judicial notice
Generally granted to political crimes
Granted BEFORE conviction
Relieves the person pardoned from the penal
consequences of the crime BUT it does NOT
erase or blot out the crime itself
A private act which must be pleaded and
proved as courts do not take judicial notice of
it
Generally granted to ordinary crimes
Granted AFTER final conviction

19)
PARDON
BY THE OFFENDED PARTY
Art. 23, RPC
GR: Pardon by the offended party does NOT
extinguish criminal action as a crime
committed is an offense against the State.
Only the CE can pardon the offenders. It
merely bars criminal prosecution.
PARDON
BY THE PRESIDENT
Art. 89 & 94 of RPC provides that a pardon
by the Chief Executive is a mode of totally
extinguishing criminal liability if it be an
absolute pardon or partially if it be conditional
pardon; however

EXN: Art. 344 or those crimes which involve

(adultery, concubinage, seduction, abduction,
rape, and acts of lasciviousness); but
Nevertheless, civil liability with regard to the
interest of the injured party is extinguished by
his express waiver.
Civil liabilities arising from the crime shall only
be extinguished in the same manner as
obligations under Civil Law and is not
extinguished notwithstanding the fact that he
is pardoned.

20) Does death of the accused pending appeal of his conviction extinguish his civil liability?

ANS: Yes. Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally
extinguished:
1. By the death of the convict, as to the personal penalties; and
2. As to the pecuniary penalties liability therefor is extinguished only when the death of the
offender occurs before final judgment;

People vs Bayotas

5
 CRIMINAL LAW PANIC NOTES
BY: KRISTINE CONFESOR

1. Death of the accused pending appeal of his conviction extinguishes his criminal liability
as well as the civil liability based solely thereon. As opined by Justice Regalado, in this
regard, "the death of the accused prior to final judgment terminates his criminal liability
and only the civil liability directly arising from and based solely on the offense
committed, i.e., civil liability ex delicto in senso strictiore."
2. Corollarily, the claim for civil liability survives notwithstanding the death of accused, if the
same may also be predicated on a source of obligation other than delict. 19 Article 1157 of
the Civil Code enumerates these other sources of obligation from which the civil liability
may arise as a result of the same act or omission:
a) Law
b) Contracts
c) Quasi-contracts
d) . . .
e) Quasi-delicts
3. Where the civil liability survives, as explained in Number 2 above, an action for recovery
therefor may be pursued but only by way of filing a separate civil action and subject to
Section 1, Rule 111 of the 1985 Rules on Criminal Procedure as amended. This separate
civil action may be enforced either against the executor/administrator or the estate of
the accused, depending on the source of obligation upon which the same is based as
explained above.
4. Finally, the private offended party need not fear a forfeiture of his right to file this separate
civil action by prescription, in cases where during the prosecution of the criminal action
and prior to its extinction, the private-offended party instituted together therewith the civil
action. In such case, the statute of limitations on the civil liability is deemed interrupted
during the pendency of the criminal case, conformably with provisions of Article 1155 21 of
the Civil Code, that should thereby avoid any apprehension on a possible privation of
right by prescription. 22
Applying this set of rules to the case at bench, we hold that the death of appellant Bayotas
extinguished his criminal liability and the civil liability based solely on the act complained of, i.e.,
rape.

21) Article 94. Partial Extinction of criminal liability. - Criminal liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn while he is serving his sentence.

 Conditional Pardon is granted to a convict provided that he must strictly comply with the
terms and conditions of pardon.
 Commutation of Sentence commutation of the original sentence for another of a
different length and nature shall have the legal effect of substituting the latter in the place
of the former
 Good conduct Allowances is a merit system in favor of the offender which lessens the
duration of his service by deducting specified number of days to the length of sentence to
be served in prison per month of good behavior.
 Parole is also granted to a convict when he has already served the minimum period of
his sentence.
 Probation can also be granted when the convict opts to avail the same instead of an
appeal within 15 days from judgment of conviction.

22) Prescription of Crimes vs Prescription of Penalties

PRESCRIPTION OF CRIMES
Art. 90, RPC
Crimes punishable by
1. Death, RP, RT – 20 years
2. Other afflictive penalties – 15 years
3. Correctional Penalties – 10 years
4. Arresto Mayor – 5 years
5. Libel/Other similar offenses – 1 year
6. Oral defamation/Slander by deed – 6 mos.
7. Light Offenses – 2 months
Computation
The period of prescription shall commence to The period of prescription of penalties shall
run from the day on which
1) the crime is discovered by the offended
party, the authorities, or their agents, and
PRESCRIPTION OF PENALTIES
Art. 92, RPC
Penalties imposed by final sentence prescribe
as follows:
1. Death, RP – 20 years
2. Other afflictive penalties – 15 years
3. Correctional Penalties – 10 years
4. Arresto Mayor – 5 years
5. Light Penalties – 1 year
Computation
commence to run
1) from the date when the culprit should
evade the service of his sentence, and

shall be interrupted
2) by the filing of the complaint or shall be interrupted if the defendant should
information, and 1) give himself up,
2) be captured, should
shall commence to run again when such 3) go to some foreign country with which
3) proceedings terminate this Government has no extradition treaty,

6
 CRIMINAL LAW PANIC NOTES
BY: KRISTINE CONFESOR

a. without the accused being or

convicted or acquitted, or are 4) should commit another crime before the
b. unjustifiably stopped for any expiration of the period of prescription.
reason not imputable to him.

23) Article 94. Partial Extinction of criminal liability. - Criminal liability is extinguished partially:
4. By conditional pardon;
5. By commutation of the sentence; and
6. For good conduct allowances which the culprit may earn while he is serving his sentence.

 Conditional Pardon is granted to a convict provided that he must strictly comply with the
terms and conditions of pardon.
 Commutation of Sentence commutation of the original sentence for another of a
different length and nature shall have the legal effect of substituting the latter in the place
of the former
 Good conduct Allowances is a merit system in favor of the offender which lessens the
duration of his service by deducting specified number of days to the length of sentence to
be served in prison per month of good behavior.
 Parole is also granted to a convict when he has already served the minimum period of
his sentence.
 Probation can also be granted when the convict opts to avail the same instead of an
appeal within 15 days from judgment of conviction.

24)
Article 105. Article 106. Article 107.
Restitution; How made Reparation; How made Indemnification;
What is included.
The restitution of the thing itself must The court shall determine the Indemnification for
be made whenever possible, with a) amount of damage, consequential
allowance for any deterioration, or b) taking into consideration damages shall
diminution of value as determined by the price of the thing, include not only those
the court. whenever possible, and caused
c) its special sentimental a) the injured party,
The thing itself shall be restored, value to the injured party, b) but also those
even though it be found in the and suffered by his
possession of a third person who family or
has acquired it by lawful means, reparation shall be made c) by a third person
saving to the latter his action against accordingly. by reason of the
the proper person, who may be crime.
liable to him.

This provision is not applicable in

cases in which the thing has been
acquired by the third person in the
manner and under the requirements
which, by law, bar an action for its
recovery.

25) A Penalty is a suffering inflicted by the State for the transgression of a law. The state has an
existence of its own to maintain, a conscience to assert, and moral principles to be vindicated.
Penal justice must therefore be exercised by the State in the service and satisfaction of a duty
and rests primarily on the moral rightful ness of the punishment inflicted (to secure justice). The
basis of the right to punish violations of penal law is the police power of the State.

Three-Fold Purpose of Penalty

a) Retribution or Expiation – the penalty is commensurate with the gravity of the offense
b) Correction or Reformation – shown by the rules which regulate the execution of the
penalties consisting in deprivation of liberty
c) Social Defense – shown by its inflexible severity to recidivists and habitual delinquents

26) Habitual Delinquency, effects: Art. 62(5)

a. Upon a 3rd conviction the culprit shall be sentenced to the penalty provided by law for
the last crime of which he be found guilty and to the additional penalty of prision
correccional in its medium and maximum periods;
b. Upon a 4th 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 5th 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.

 3rd – PC med – max

 4th – PM min – med

7
 CRIMINAL LAW PANIC NOTES
BY: KRISTINE CONFESOR

 5th – PM max to RT min

Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the
offender, in conformity herewith, shall in no case exceed 30 years.

For the purpose of this article, a person shall be deemed to be habitual delinquent, is within a
period of ten years from the date of his release or last conviction of the crimes of serious or less
serious physical injuries, robo, hurto, estafa or falsification, he is found guilty of any of said crimes
a third time or oftener.

27) ANS:
The proper penalty is RP.

Under Art. 63 of the RPC, Rules for the application of indivisible penalties. - In all cases in which
the law prescribes a single indivisible penalty, it shall be applied by the courts regardless of any
mitigating or aggravating circumstances that may have attended the commission of the deed.
In all cases in which the law prescribes a penalty composed of two indivisible penalties,
the following rules shall be observed in the application thereof:
1. When in the commission of the deed there is present only one aggravating circumstance, the
greater penalty shall be applied.
2. When there are neither mitigating nor aggravating circumstances and there is no aggravating
circumstance, the lesser penalty shall be applied.
3. When the commission of the act is attended by some mitigating circumstances and
there is no aggravating circumstance, the lesser penalty shall be applied.
4. When both mitigating and aggravating circumstances attended the commission of the act, the
court shall reasonably allow them to offset one another in consideration of their number and
importance, for the purpose of applying the penalty in accordance with the preceding rules,
according to the result of such compensation.

In the case at bar, since the penalty prescribed is composed of 2 indivisible penalties and there
are 3 mitigating circumstances, the lesser penalty shall be applied. Therefore, RP is the proper
penalty.

If there were 2 aggravating, the proper penalty would still be RP. Under the RPC, where there
are aggravating cirucmstances in the commission of the deed, the greater penalty shall be
applied. However, following People vs Bon, since the penalty of death cannot be imposed, the
proper penalty would now be RP.

28) Art. 70 vs Art. 71 Scale of Penalties

Art. 70 Art. 71
According to severity for purposes of applying the rule Graduated scale of penalties for purposes of
for service of multiple sentences applying the rules for graduation of penalties
When the culprit has to serve two or more penalties, he Destierro is not a higher penalty than arresto
shall serve them simultaneously if the nature of the mayor
penalties will so permit; otherwise, the following rules
shall be observed: In the cases in which the law prescribes a
In the imposition of the penalties, the order of their penalty lower or higher by one or more
respective severity shall be followed so that they may be degrees than another given penalty, the rules
executed successively or as nearly as may be possible, prescribed in article 61 shall be observed in
should a pardon have been granted as to the penalty or graduating such penalty.
penalties first imposed, or should they have served out.
For the purpose of applying the provisions of the next The lower or higher penalty shall be taken
preceding paragraph the respective severity of the from the graduated scale in which is
penalties shall be determined in accordance, with the comprised the given penalty.
following scale:
The courts, in applying such lower or higher
penalty, shall observe the following graduated
scales:
SCALE NO.1 SCALE NO. 2
5. Death; 1. Death; 1. Perpetual absolute
6. Reclusion Perpetua; 2. Reclusion disqualification;
7. Reclusion Temporal; perpetua; 2. Temporary
8. Prision Mayor; 3. Reclusion absolute
9. Prision Correccional; temporal; disqualification;
10. Arresto Mayor; 4. Prision mayor; 3. Suspension from
11. Arresto Menor;
5. Prision public office, the
12. Destierro;
correccional; right to vote and
13. Perpetual absolute disqualification;
14. Temporary absolute disqualification; 6. Arresto mayor; be voted for, the
15. Suspension from public office, the right to vote 7. Destierro; right to follow a
and be voted for, the right to follow a profession or 8. Arresto menor; profession or
calling; and 9. Public censure; calling;
16. Public Censure. 10. Fine. 4. Public censure;
5. Fine.

8
 CRIMINAL LAW PANIC NOTES
BY: KRISTINE CONFESOR

29) Probation Law "Probation" is a disposition under which a defendant, after conviction and
sentence, is released subject to conditions imposed by the court and to the supervision of a
probation officer.

Section 4. Grant of Probation.

1) Subject to the provisions of this Decree, the court may,
a. after it shall have convicted and sentenced a defendant and
b. 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.

2) Probation may be granted whether the sentence imposes a term of imprisonment or a

fine only.
3) 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 waver of the right to appeal, or the automatic withdrawal of
a pending appeal.
4) An order granting or denying probation shall not be appealable.

30) ANS:
Yes, the accused is still entitled to probation even if he appealed his conviction, provided that the
judgment of conviction imposes a non-probationable penalty.

No application for probation shall be entertained or granted if the defendant has perfected the
appeal from the judgment of conviction. Provided that, when a judgment of conviction imposing a
non-probationable penalty is reviewed or appealed, and such judgment is modified through the
imposition of a probationable penalty, the defendant shall be allowed to apply for probation based
on the modified decision before it becomes final. However, the defendant loses the benefit of
probation should he seek the review of the modified decision which already imposes a
probationable penalty.

31) Parole – conditional release of a prisoner with an unexpired sentence or suspension of the
sentence without remitting the penalty imposed upon him; governed by the ISL.

Sec. 1 of ISL
To determine the minimum term of an Indeterminate sentence, the maximum term shall be
determined first. Pursuant to sec. 1 of ISL, in imposing a prison sentence of the offense punished
by the RPC or its amendments, the court shall sentence the offender to an indeterminate
sentence, the maximum term of which shall be that which, in view of the attending circumstances,
could be properly imposed, under the rules prescribed for the offense, the minimum of which shall
be within the range next lower the penalty prescribed for the maximum under the Revised Penal
Code. Hence, in the case involving the penalty which has an incremental penalty, the foregoing
provision mentioned above shall be applied.

Incremental penalty is prescribed in said code in accordance to its rules and attending
circumstances and the minimum term shall be that which next lower or immediately following the
prescribed maximum period.

32) ANS:
The proper penalty is any range within prision correccional as minimum to any range
within the maximum period of PM as max.

Under Art. 48 of the Revised Penal Code, Article 48. Penalty for complex crimes. - When
a single act constitutes two or more grave or less grave felonies, or when an offense is a
necessary means for committing the other, the penalty for the most serious crime shall be
imposed, the same to be applied in its maximum period.

In the case at bar, the penalty for the complex crime of estafa is the maximum period of
PM in any rage within 10y 1d – 12 y as the maximum. In computing the minimum, the
provision of the ISL shall be applied; in which the minimum shall be the penalty next
lower and immediately following the prescribed maximum period under the rules of the
Revised Penal Code.

Thus, the penalty next lower and immediately following PM is PC in any of its range
within 6m 1d to 6 years which is the minimum term in this case.

33) The medium period of the penalty that is designated as

PC med to PC max is 3 y, 6m, 21d to 4y, 9m, 10 days

PC med – 2y 4m
PC max - 6y

9
 CRIMINAL LAW PANIC NOTES
BY: KRISTINE CONFESOR

FORMULA:
 5y 12m (6y) – 2y 4m = 3y 8m
 3y 8m  3 periods
= 1y 2m 20d [gap per period]

Thus,
 Min: 2y 4m + 1y 2m 20d = 3y 6m 20d
 Med: 3y 6m 21d + 1y 2m 20d = 4y 9m 10d
 Max: 4y 9m 11d + 1y 2m 20d = 6y

34) The medium period of the penalty

RT min to RT med is 13y 9m and 11d to 15y, 6m, and 20d

RT min – 12 y
RT med – 17y 4m

FORMULA:
 17y 4m – 12y = 5y 4m
 5y 4m  3 periods
= 1y 9m 10d

 Min: 12 y + 1y 10m 20d = 13y 9m 10d

 Med: 13 y 9m 11d + 1y 9m 10d = 15y 6m 20d
 Max: 15y 6m 21d + 1y 9m 10d = 17y 4m

35) What is BATTERED WOMAN SYNDROME?

It refers to a scientifically defined pattern of psychological and behavioral symptoms found in
women living in battering relationships as a result of cumulative abuse.

Section 26 of R.A. 9262 – Victim-survivors who are found by the courts to be suffering from
battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence
of any of the elements for justifying circumstances of self-defense under the RPC

ELEMENTS OF BWS under R.A. No. 9262:

1. The battered woman and batter must have a relationship – sexual relations or dating
relationship;
2. The battered woman must be suffering from physical and psychological or emotional distress;
(What is battery?)
3. Physical and psychological or emotional distress resulted from cumulative abuse by battered;
(single act of battery – exercise right of self-defense
4. The bettered woman must have actually feared imminent harm from her batterer and honestly
believed in the need to kill him in order to save her life.

36) Criminal Repetitions

a. Recidivism – A recidivist is 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 this Code. [Art. 14 (9)]

b. Reiteracion or Habituality - That the offender has been previously punished by an

offense to which the law attaches an equal or greater penalty or for two or more
crimes to which it attaches a lighter penalty. [Art. 14 (10)]

c. Multi-recidivisim or Habitual Delinquency - a person shall be deemed to be

habitual delinquent, is within a period of ten years from the date of his release or last
conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa
or falsification, he is found guilty of any of said crimes a third time or oftener. [Art. 62
(5)]

d. 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 penalty
prescribed by law for the new felony.

37) Art. 112, RPC

Article 112. Extinction of civil liability. - Civil liability established in Articles 100, 101, 102, and 103
of this Code shall be extinguished in the same manner as obligations, in accordance with the
provisions of the Civil Law. Those are:
a. Payment or performance
b. Loss of the thing due
c. Condonation or remission of debt

10
 CRIMINAL LAW PANIC NOTES
BY: KRISTINE CONFESOR

d. Confusion or merger of the rights of the creditor and debtor

e. Compensation
f. Novation
g. Annulment
h. Rescission
i. Prescription
j. Fulfillment of resolutory condition

11