Professional Documents
Culture Documents
I. PRELIMINARY MATTERS
II. BOOK 1
TITLE 3PENALTIES
1. GENERALITY
Composition of territory:
EXTRATERRITORIALITY [ARTICLE 2]
Kinds of Repeal:
CHAPTER 1FELONIES
1. that the act done would have been lawful had the facts been
as the accused believed them to be.
2. that the intention of the accused in performing the act be
lawful.
3. that the mistake must be without fault or carelessness on
the part of the accused.
Mistake of Fact vs. Mistake of Identity
Requisites of paragraph 1:
NOTE:
Illustrations:
Requisites:
Consummated felony:
1. Conspiracy as a crime
2. Conspiracy as a manner or incurring criminal
liability
Requisites of proposal:
Reclusion perpetua
Reclusion temporal
Perpetual or temporary absolute
disqualification
Perpetual or temporary special disqualification
Prision mayor
Prision correctional
Aresto mayor
Suspension
Destierro
The following are light penalties:
Aresto menor
Public Censure
Fine
CLASSIFICATION OF FELONIES
In justifying circumstances
1. Self Defense
Illustration:
Illustration:
Illustration:
2. Minority
3. Praeter intentionem
Illustrations:
NOTE:
In aggravating circumstances
Illustrations:
7. Uninhabited place
NOTE:
Illustration:
Illustration:
In recidivism
(2) 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.
Illustration:
Illustration:
Illustration:
Illustrations:
Alternative Circumstances
1. Relationship;
2. Intoxication;
4. Education.
1. Relationship;
Illustration:
The fact that the offender did not have schooling and
is illiterate does not mitigate his liability if the crime
committed is one which he inherently understands as
wrong such as parricide. If a child or son or daughter
would kill a parent, illiteracy will not mitigate
because the low degree of instruction has no bearing
on the crime.
In the same manner, the offender may be a lawyer who
committed rape. The fact that he has knowledge of
the law will not aggravate his liability, because his
knowledge has nothing to do with the commission of
the crime. But if he committed falsification, that will
aggravate his criminal liability, where he used his
special knowledge as a lawyer.
Absolutory Causes
Illustrations:
a. Principals.
b. Accomplices.
c. Accessories.
a. Principals
b. Accomplices.
Under the Revised Penal Code, when more
than one person participated in the commission of
the crime, the law looks into their participation
because in punishing offenders, the Revised Penal
Code classifies them as:
(1) principal;
(2) accomplice; or
(3) accessory.
Illustrations:
The accused are father and son. The father told his
son that the only way to convince the victim to marry
him is to resort to rape. So when they saw the
opportunity the young man grabbed the woman,
threw her on the ground and placed himself on top of
her while the father held both legs of the woman and
spread them. The Supreme Court ruled that the
father is liable only as an accomplice.
The point is not just on participation but on
the importance of participation in committing the
crime.
Illustration:
Example of inducement:
Illustration:
CHAPTER ONE
Penalties in General
Principal Penalties
(are those expressly imposed by the court)
Capital punishment:
Death.
Afflictive penalties:
Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prision mayor.
cont.
Correctional penalties:
Prision correccional,
Arresto mayor,
Suspension,
Destierro.
Light penalties:
Arresto menor,
Public censure.
Fine, and
Bond to keep the peace.
cont.
Accessory Penalties
(are those that are deemed included
in the principal penalties)
Bond to keep the peace. - The bond to keep the peace shall
be required to cover such period of time as the court may
determine. (As amended by Section 21, Republic Act No.
7659.)
Article 28. Computation of penalties. - If the offender
shall be in prison, the term of the duration of the
temporary penalties shall be computed from the day
on which the judgment of conviction shall have
become final.
Question:
3. The fine.
SECTION 1
NOTE:
Principals 0 1 2
Accomplices 1 2 3
Accessories 2 3 4
Article 70. Successive service of sentences. - When
the culprit has to serve two or more penalties, he
shall serve them simultaneously if the nature of the
penalties will so permit; otherwise, the following
rules shall be observed:
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
9. Perpetual absolute disqualification,
10 Temporary absolute disqualification.
11. Suspension from public office, the right to vote and
be voted for, the right to follow a profession or calling,
and
12. Public censure.
cont.
CHAPTER ONE
Total Extinction of Criminal Liability
1. By conditional pardon;
Civil Liability
CHAPTER ONE
1. Restitution;