Académique Documents
Professionnel Documents
Culture Documents
Criminal Law
SUMMER REVIEWER
retroactive effect.
Exception: when the law is favorable to the
accused
BOOK I Exceptions to the Exception:
a. The new law is expressly made
inapplicable to pending actions
or existing causes of action
CRIMINAL LAW A branch of municipal law which b. Offender is a habitual criminal
defines crimes, treats of their nature and provides for
their punishment. Theories of Criminal Law:
1. Classical Theory basis is mans free will to
Characteristics of Criminal Law: choose between good and evil, that is why
1. General binding on all persons who reside more stress is placed upon the result of the
or sojourn in the Philippines felonious act than upon the criminal himself.
Exceptions: The purpose of penalty is retribution. The
a. Treaty Stipulation RPC is generally governed by this theory.
b. Laws of Preferential Application
c. Principles of Public International Law 2. Positivist Theory basis is the sum of
Ex: social and economic phenomena which
i. sovereigns and other chiefs of conditions man to do wrong in spite of or
state contrary to his volition. This is exemplified in
ii. Ambassadors, ministers the provisions on impossible crimes and
plenipotentiary, minister resident habitual delinquency.
and charges daffaires
(BUT consuls, vice-consuls and other 3. Mixed Theory combination of the classical
foreign commercial representatives and positivist theories wherein crimes that
CANNOT claim the privileges and are economic and social in nature should be
immunities accorded to ambassadors and dealt in a positive manner. The law is thus
ministers.) more compassionate.
Advisers: Atty. Lorenzo Padilla, Justice Diosdado Peralta; Head: Kristine Quimpo; Understudies: Ivy Patdu, Krizna
Gomez
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
BOOK ONE
GENERAL PROVISIONS ELEMENTS:
1. there must be an act or omission
2. this must be punishable by the RPC
3. act or omission was done by means of dolo
or culpa
ART.1: TIME WHEN ACT TAKES EFFECT NULLUM CRIMEN, NULLA POENA SINE LEGE
There is no crime when there is no law punishing it.
RPC took effect February 1, 1932.
Classification Of Felonies According To The
Means By Which They Are Committed:
ART. 2: APPLICATION OF ITS PROVISIONS
1. Intentional Felonies- by means of deceit
RULES: (dolo)
1. Philippine vessel or airship Philippine Requisites:
law shall apply to offenses committed in a. freedom
vessels registered with the Philippine Bureau b. intelligence
of Customs. It is the registration, not the c. intent.
citizenship of the owner which matters.
2. Foreign vessel MISTAKE OF FACT misapprehension of
a. French Rule fact on the part of the person who caused
General Rule: Crimes committed aboard injury to another. He is not criminally liable.
a foreign vessel within the territorial Requisites:
waters of a country are NOT triable in the a. the act done would have been lawful
courts of such country. had the facts been as the accused
Exception: commission affects the believed them to be
peace and security of the territory, or bintention is lawful
the safety of the state is endangered. b. mistake must be without fault or
carelessness by the accused
b. English Rule
General Rule: Crimes committed aboard 2. Culpable Felonies- by means of fault (culpa)
a foreign vessel within the territorial Requisites:
waters of a country are triable in the a. freedom
courts of such country. b. intelligence
Exception: When the crime merely c. negligence (lack of foresight) and
affects things within the vessel or it imprudence (lack of skill)
refers to the internal management
thereof.
*This is applicable in the Philippines. MALA IN SE v. MALA PROHIBITA
Mala in se Mala Prohibita
Title One: FELONIES QuickTime
AND CIRCUMSTANCES
and a
moral trait of considered not considered
WHICH AFFECT CRIMINAL
TIFF (Uncompressed) LIABILITY
decompressor
are needed to see this picture.
offender
good faith as a valid defense, not a defense;
defense unless the crime is intent not
Chapter One: FELONIES the result of culpa necessary-
sufficient that the
Felonies acts and omissions punishable by the offender has the
Revised Penal Code intent to perpetrate
the act prohibited
Crime acts and omissions punishable by any law by the special law
Act an overt or external act
Page 2 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
3. ATTEMPTED
PROXIMATE CAUSE the cause, which in the
Elements:
natural and continuous sequence unbroken by any
a. offender commences the felony directly
efficient intervening cause, produces the injury,
by overt acts
without which the result would not have occurred
b. does not perform all acts which would
produce the felony
c. his acts are not stopped by his own
spontaneous desistance
Page 3 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Crimes, which do not admit of Frustrated and ART. 8: CONSPIRACY AND PROPOSAL TO
Attempted Stages: COMMIT FELONY
Page 4 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Exception to the exception: When the act 1 month and 1 day to 6 years
constitutes an indivisible offense. 3. Light felonies - arresto menor (1 day to 30
days)
OVERT ACTS IN CONSPIRACY MUST
CONSIST OF:
1. Active participation in the actual ART. 10: OFFENSES NOT SUBJECT TO THE
commission of the crime itself, or PROVISIONS OF THIS CODE
2. Moral assistance to his co-conspirators by
being present at the time of the General Rule: RPC provisions are supplementary to
commission of the crime, or special laws.
3. Exerting a moral ascendance over the Exceptions:
other co-conspirators by moving them to 1. when special law provides otherwise
execute or implement the criminal plan 2. when provision of RPC are impossible of
People v. Abut, et al. (GR No. 137601, April 24, application, either by express provision
2003) or by necessary implication
Page 5 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 6 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
2. reasonable necessity of the means employed NOTE: The accused must prove that he was duly
to prevent or repel it appointed to the position claimed he was discharging
3. In case the provocation was given by the at the time of the commission of the offense. It must
person attacked, the one making the defense also be shown that the offense committed was the
had no part in such provocation. necessary consequence of such fulfillment of duty, or
lawful exercise of a right or office.
Relative entitled to the defense:
1. spouse Par. 6 Obedience to a Superior Order
2. ascendants
3. descendants Elements:
4. legitimate, natural or adopted brothers and 1. an order has been issued
sisters, or relatives by affinity in the same 2. order has a lawful purpose (not patently
degrees illegal)
th
5. relatives by consanguinity within the 4 civil 3. means used by subordinate to carry out said
degree order is lawful
NOTE: The relative defended may be the original NOTE: The superior officer giving the order cannot
aggressor. All that is required to justify the act of the invoke this justifying circumstance. Good faith is
relative defending is that he takes no part in such material, as the subordinate is not liable for carrying
provocation. out an illegal order if he is not aware of its illegality
and he is not negligent.
Par. 3 Defense of Stranger General Rule: Subordinate cannot invoke this
Elements: circumstance when order is patently illegal.
1. unlawful aggression (indispensable Exception: When there is compulsion of an
requirement) irresistible force, or under impulse of
2. reasonable necessity of the means employed uncontrollable fear.
to prevent or repel it
3. person defending be not induced by revenge,
resentment or other evil motive ART. 12: CIRCUMSTANCES, WHICH EXEMPT
FROM CRIMINAL LIABILITY
Par. 4 State of Necessity (Avoidance of Greater
Evil or Injury) EXEMPTING CIRCUMSTANCES grounds for
exemption from punishment because there is wanting
Elements: in the agent of the crime any of the conditions which
1. evil sought to be avoided actually exists make the act voluntary or negligent.
2. injury feared be greater than that done to
avoid it Basis: The exemption from punishment is based on
3. no other practical and less harmful means of the complete absence of intelligence, freedom of
preventing it action, or intent, or on the absence of negligence on
the part of the accused.
NOTE: The necessity must not be due to the
negligence or violation of any law by the actor. Burden of proof: Any of the circumstances is a
matter of defense and must be proved by the
QuickTime and a
Par. 5 FulfillmentTIFFof(Uncompressed)
Duty or decompressor
Lawful Exercise of defendant to the satisfaction of the court.
are needed to see this picture.
a Right or Office
Justifying Exempting
Elements:
Who/what Act Actor
1. accused acted in the performance of duty or
in the lawful exercise of a right or office is
2. the injury caused or offense committed be affected?
the necessary consequence of the due Nature of act is considered act is wrongful but
performance of the duty, or the lawful act legal actor not liable
exercise of such right or office. Existence None Yes, but since
Page 7 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
of a crime voluntariness is absent the consequences of the unlawful act, which is shown
the actor is not liable by the:
Liability No criminal and civil No criminal liability but 1. manner the crime was committed
liability BUT there is there is civil liability 2. conduct of the offender after its commission
civil liability as to EXCEPT as to Art.
NOTE: Under R.A. 9344 a minor over 15 but but
Art.11(4) (state of 12(4) (injury by mere
below 18 who acted without discernment is
necessity) accident) and (7)
exempt from criminal liability
(lawful cause)
Par. 4 Accident without fault or intention of
Par. 1 Imbecility or Insanity causing it
Page 8 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 9 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
> 70 Mitigated responsibility, no imposition of This provision addresses the intention of the offender
death penalty, execution of death at the particular moment when the offender executes
sentence may be suspended and or commits the criminal act, not to his intention during
commuted the planning stage
NOTE: This applies when not all the requisites are Provocation Vindication
present. Made directly only to the Grave offense may be also
If two requisites are present, it is considered a person committing the against the offenders
privileged mitigating circumstance. However, in felony relatives mentioned by law
reference to Art.11(4) if any of the last two requisites
is absent, there is only an ordinary mitigating Cause that brought Offended party must have
circumstance. Remember though, that in self-
about the provocation done a grave offense to the
defense, defense of relative or stranger, unlawful
need not be a grave offender or his relatives
aggression must always be present as it is an
indispensable requirement. offense
Necessary that May be proximate. Time
provocation or threat interval allowed
Par. 2 Under 18 or Over 70 Years Old immediately preceded
the act. No time interval
NOTE: Age of accused is determined by his age at
the date of commission of crime, not date of trial.
Requisites:
1. provocation must be sufficient
Par. 3 No Intention to Commit so Grave a
2. it must originate from the offended party
Wrong
3. must be immediate to the commission of the
NOTE: Can be used only when
QuickTime and a the proven facts
TIFF (Uncompressed) decompressor crime by the person who is provoked
show that there is a notable
are needed toand
see thisevident
picture. disproportion
between the means employed to execute the criminal NOTE: Threat should not be offensive and positively
act and its consequences. strong. Otherwise, it would be an unlawful
aggression, which may give rise to self-defense and
Factors that can be considered are: thus no longer a mitigating circumstance.
1. weapon used
2. injury inflicted
3. part of the body injured
4. mindset of offender at the time of commission
of crime
Page 10 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
3rd person
Par. 5 Vindication of Grave Offense Must come from lawful sentiments Unlawful
Page 11 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
The offender is deaf and dumb, blind or otherwise BASIS: The greater perversity of the offender
suffering from some physical defect, restricting his manifested in the commission of the felony as shown
means of action, defense or communication with by:
others. 1. the motivating power itself,
2. the place of the commission,
NOTE: The physical defect must relate to the offense 3. the means and ways employed
committed. 4. the time, or
5. the personal circumstances of the offender,
or the offended party.
Par. 9 Illness of the Offender
Page 12 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
maximum period but penalty than that act of all, regardless of lack of knowledge of the
without exceeding the specially prescribed facts constituting the circumstance. (Art. 62, par.
limit prescribed by law by law for said 4)
crimes (People v.
Bayot, 64Phil269, 5. Aggravating circumstances, regardless of its
273) kind, should be specifically alleged in the
If not alleged in the To be considered information AND proved as fully as the crime
information, a as such, MUST be itself in order to increase the penalty. (Sec. 9,
qualifying aggravating alleged in the Rule 110, 2000 Rules of Criminal Procedure)
circumstance will be information
considered generic 6. When there is more than one qualifying
May be offset by a Cannot be offset by a aggravating circumstance present, one of them
mitigating circumstance. mitigating will be appreciated as qualifying aggravating
circumstance while the others will be considered as generic
aggravating.
RULES ON AGGRAVATING CIRCUMSTANCES:
1. Aggravating circumstances shall NOT be
appreciated if: ART. 14: AGGRAVATING CIRCUMSTANCES
a) They constitute a crime specially
punishable by law, or
b) It is included by the law in defining a crime Par. 1. That advantage be taken by the offender of
with a penalty prescribed, and therefore his public position
shall not be taken into account for the
purpose of increasing the penalty. Requisites:
Ex: That the crime be committed by means of 1. Offender is public officer
fire,explosion (Art. 14, par. 12) is in itself a 2. Public officer must use the influence,
crime of arson (Art. 321) or a crime involving prestige, or ascendancy which his office
destruction (Art. 324). It is not to be considered to gives him as means to realize criminal
increase the penalty for the crime of arson or for purpose
the crime involving destruction.
It is not considered as an aggravating
2. The same rule shall apply with respect to any circumstance where taking advantage of official
aggravating circumstance inherent in the crime to position is made by law an integral element of the
such a degree that it must of necessity crime or inherent in the offense,
accompany the commission thereof(Art.62, par.2) Ex: malversation (Art. 217), falsification of a
document committed by public officers (Art.
3. Aggravating circumstances which arise: 171).
a) From the moral attributes of the offender; When the public officer did not take advantage of
b) From his private relations with the offended the influence of his position, this aggravating
party; or circumstance is not present
c) From any personal cause, NOTE : Taking advantage of a public position is
also inherent in the case of accessories under
shall only serve to aggravate the liability of the Art. 19, par. 3 (harboring, concealing, or assisting
principals, accomplices and accessories as to in the escape of the principal of the crime), and in
whom such circumstances are attendant. (Art.
QuickTime and a
crimes committed by public officers (Arts. 204-
62, par. 3) TIFF (Uncompressed) decompressor
are needed to see this picture.
245).
4. The circumstances which consist : Par. 2. That the crime be committed in contempt
a) In the material execution of the act, or of or with insult to public authorities
b) In the means employed to accomplish it,
Requisites:
shall serve to aggravate the liability of only those 1. That the public authority is engaged in the
persons who had knowledge of them at the time exercise of his functions.
of the execution of the act or their cooperation 2. That he who is thus engaged in the exercise
therein. Except when there is proof of conspiracy of said functions is not the person against
in which case the act of one is deemed to be the whom the crime is committed.
Page 13 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
3. The offender knows him to be a public reference to others (There must be a difference in the
authority. social condition of the offender and the offended
4. His presence has not prevented the offender party).
from committing the criminal act.
AGE may refer to old age or the tender age of the
PERSON IN AUTHORITY public authority, or victim.
person who is directly vested with jurisdiction and has
the power to govern and execute the laws SEX refers to the female sex, not to the male sex.
Ex:
1. Governor The AC of disregard of rank, age, or sex is not
2. Mayor applicable in the following cases:
3. Barangay captain/ chairman 1. When the offender acted with passion and
4. Councilors obfuscation.
5. Government agents 2. When there exists a relationship between the
6. Chief of Police offended party and the offender.
3. When the condition of being a woman is
NOTE: A teacher or professor of a public or indispensable in the commission of the
recognized private school is not a public authority crime.
within the contemplation of this paragraph. While he (Ex: in parricide, abduction, seduction
is a person in authority under Art. 152, that status is and rape)
only for purposes of Art. 148 (direct assault) and Art.
152 (resistance and disobedience). People vs. Lapaz, March 31, 1989
Disregard of sex and age are not absorbed in
The crime should not be committed against the treachery because treachery refers to the manner of
public authority (otherwise it will constitute direct the commission of the crime, while disregard of sex
assault under Art.148) and age pertains to the relationship of the victim.
This is NOT applicable when committed in the
presence of a mere agent. DWELLING must be a building or structure
exclusively used for rest and comfort (combination of
AGENT subordinate public officer charged w/ the house and store not included), may be temporary as
maintenance of public order and protection and in the case of guests in a house or bedspacers. It
security of life and property includes dependencies, the foot of the staircase and
Ex: barrio vice lieutenant, barrio councilman the enclosure under the house
Page 14 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
2. The violation of the sanctity of the home by 5. The victim is not a dweller of the house.
trespassing therein with violence or against
the will of the owner. Par. 4. That the act be committed with:
(1) abuse of confidence or
Meaning of provocation in the aggravating (2) obvious ungratefulness
circumstance of dwelling:
The provocation must be: There are two aggravating circumstances present
1. Given by the owner of the dwelling, under par.4 which must be independently
2. Sufficient, and appreciated if present in the same case
3. Immediate to the commission of the crime. While one may be related to the other in the factual
situation in the case, they cannot be lumped
NOTE: If all these conditions are present, the together. Abuse of confidence requires a special
offended party is deemed to have given the confidential relationship between the offender and
provocation, and the fact that the crime is committed the victim, while this is not required for there to be
in the dwelling of the offended party is NOT an obvious ungratefulness
aggravating circumstance.
REASON: When it is the offended party who has Requisites Of Abuse Of Confidence:
provoked the incident, he loses his right to the 1. That the offended party had trusted the
respect and consideration due him in his own offender.
house. 2. That the offender abused such trust by
committing a crime against the offended
party.
Dwelling is not aggravating in the following
3. That the abuse of confidence facilitated the
cases:
commission of the crime.
1. When both the offender and the offended
party are occupants of the same house, and
NOTE: Abuse of confidence is inherent in
this is true even if offender is a servant in the
malversation (Art. 217), qualified theft (Art. 310),
house.
estafa by conversion or misappropriation (Art. 315),
exception: In case of adultery in the
and qualified seduction (Art. 337).
conjugal dwelling, the same is
aggravating. However, if the paramour
Requisites of obvious ungratefulness:
also dwells in the conjugal dwelling, the
1. That the offended party had trusted the
applicable aggravating circumstance is
offender;
abuse of confidence.
2. That the offender abused such trust by
committing a crime against the offended
2. When robbery is committed by the use of
party.
force upon things, dwelling is not aggravating
3. That the act be committed with obvious
because it is inherent.
ungratefulness.
However, dwelling is aggravating in
NOTE: The ungratefulness contemplated by par. 4
robbery with violence against or
must be such clear and manifest ingratitude on the
intimidation of persons because this class
part of the accused.
of robbery can be committed without the
necessity of trespassing the sanctity of the
Par. 5. That the crime be committed in the palace
offended partys house.
of the Chief Executive, or in his presence, or
QuickTime and a
TIFF (Uncompressed) decompressor where public authorities are engaged in the
3. In the crimeare needed
of trespass to dwelling, it is
to see this picture.
discharge of their duties, or in a place
inherent or included by law in defining the
dedicated to religious worship.
crime.
Actual performance of duties is not necessary
4. When the owner of the dwelling gave
when crime is committed in the palace or in the
sufficient and immediate provocation.
presence of the Chief Executive
There must exist a close relation between
the provocation made by the victim and the
Requisites Regarding Public Authorities:
commission of the crime by the accused.
1. crime occurred in the public office
Page 15 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
2. public authorities are actually performing NIGHTTIME (obscuridad) that period of darkness
their public duties beginning at the end of dusk and ending at dawn.
PAR. 5. Where public PAR. 2. Contempt or Commission of the crime must begin and be
authorities are engaged insult to public accomplished in the nighttime. When the
in the discharge of their authorities place of the crime is illuminated by light,
duties nighttime is not aggravating. It is not
FOR BOTH, Public authorities are in the performance considered aggravating when the crime
of their duties began at daytime.
Place where public duty is performed Nighttime is not especially sought for when
In their office. Outside of their office. the notion to commit the crime was
conceived of shortly before commission or
The offended party when crime was committed at night upon a
May or may not be the Public authority should casual encounter
public authority not be the offended However, nighttime need not be specifically
party sought for when (1) it facilitated the
commission of the offense, or (2) the
Requisites (Place Dedicated To Religious offender took advantage of the same to
Worship): commit the crime
1. The crime occurred in a place dedicated to A bare statement that crime was committed
the worship of God regardless of religion at night is insufficient. The information must
2. The offender must have decided to commit allege that nighttime was sought for or taken
the crime when he entered the place of advantage of, or that it facilitated the crime
worship
GENERAL RULE: Nighttime is absorbed in
Except for the third which requires that official treachery.
functions are being performed at the time of the EXCEPTION: Where both the treacherous mode
commission of the crime, the other places of attack and nocturnity were deliberately decided
mentioned are aggravating per se even if no upon in the same case, they can be considered
official duties or acts of religious worship are separately if such circumstances have different
being conducted there. factual bases. Thus:
Cemeteries, however respectable they may be, In People vs. Berdida, et. al. (June 30,
are not considered as place dedicated to the 1966), nighttime was considered since it was
worship of God. purposely sought, and treachery was further
appreciated because the victims hands and
Par. 6. That the crime be committed arms were tied together before he was
(1) in the nighttime, or beaten up by the accused.
(2) in an uninhabited place, or In People vs. Ong, et. al. (Jan. 30, 1975),
(3) by a band, there was treachery as the victim was
whenever such circumstance may facilitate stabbed while lying face up and defenseless,
the commission of the offense and nighttime was considered upon proof
that it facilitated the commission of the
NOTE: When present in the same case and their offense and was taken advantage of by the
element are distinctly palpable and can subsist accused.
independently, they shall be considered separately.
QuickTime and a
TIFF (Uncompressed) decompressor UNINHABITED PLACE (despoblado) one where
are needed to see this picture.
When nighttime, uninhabited place or band there are no houses at all, a place at a considerable
aggravating: distance from town, where the houses are scattered
1. When it facilitated the commission of the at a great distance from each other
crime; or
2. When especially sought for by the offender to Solitude must be sought to better attain the
insure the commission of the crime or for the criminal purpose
purpose of impunity; or What should be considered here is whether in the
3. When the offender took advantage thereof place of the commission of the offense, there was
for the purpose of impunity a reasonable possibility of the victim receiving
some help.
Page 16 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Par. 8.That the crime be committed with the aid of Par. 9. That the accused is a recidivist
(1) armed men or
(2) persons who insure or afford impunity RECIDIVIST one who at the time of his trial for one
crime, shall have been previously convicted by final
Requisites: judgment of another crime embraced in the same title
1. That armed men or persons took part in the of the RPC.
commission of the crime, directly or
indirectly. Requisites:
2. That the accused availed himself of their aid 1. That the offender is on trial for an offense;
or relied upon them when the crime was 2. That he was previously convicted by final
QuickTime and a
committed.TIFF (Uncompressed) decompressor judgment of another crime;
are needed to see this picture.
3. That both the first and the second offenses
NOTE: This aggravating circumstance requires that are embraced in the same title of the Code;
the armed men are accomplices who take part in a 4. That the offender is convicted of the new
minor capacity directly or indirectly, and not when offense.
they were merely present at the crime scene. Neither
should they constitute a band, for then the proper MEANING OF at the time of his trial for one
aggravating circumstance would be cuadrilla. crime.
It is employed in its general sense, including the
When This Aggravating Circumstance Shall Not rendering of the judgment. It is meant to include
Be Considered: everything that is done in the course of the trial, from
Page 17 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 18 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
done so, quasi-recidivism cannot at the same When another aggravating circumstance already
time constitute reiteracion, hence this qualifies the crime, any of these aggravating
aggravating circumstance cannot apply to a circumstances shall be considered as generic
quasi-recidivist. aggravating circumstance only
If the same set of facts constitutes recidivism and When used as a means to kill another person,
reiteracion, the liability of the accused should be the crime is qualified to murder.
aggravated by recidivism which can easily be
proven. PAR. 12 by means PAR. 7 on the
of inundation, fire, occasion of a
Par. 11. That the crime be committed in etc. conflagration,
consideration of price, reward or promise. shipwreck, etc.
The crime is The crime is committed
Requisites: committed by means on the occasion of a
1. There are at least 2 principals: of any such acts calamity or misfortune.
The principal by inducement (one who involving great waste
offers) or ruin.
The principal by direct participation
(accepts)
2. The price, reward, or promise should be Par. 13. That the act be committed with evident
previous to and in consideration of the premeditation
commission of the criminal act
Requisites:
NOTE: The circumstance is applicable to both The prosecution must prove
principals .It affects the person who received the 1. The time when the offender determined to
price / reward as well as the person who gave it. commit the crime;
2. An act manifestly indicating that the culprit
If without previous promise it was given has clung to his determination; and
voluntarily after the crime had been committed as 3. A sufficient lapse of time between the
an expression of his appreciation for the determination and execution, to allow him to
sympathy and aid shown by the other accused, it reflect upon the consequences of his act and
should not be taken into consideration for the to allow his conscience to overcome the
purpose of increasing the penalty. resolution of his will.
The price, reward or promise need not consist of Essence of premeditation: The execution of the
or refer to material things or that the same were criminal act must be preceded by cool thought and
actually delivered, it being sufficient that the offer reflection upon the resolution to carry out the criminal
made by the principal by inducement be intent during the space of time sufficient to arrive at a
accepted by the principal by direct participation calm judgment.
before the commission of the offense.
To establish evident premeditation, it must be
The inducement must be the primary shown that there was a period sufficient to afford
consideration for the commission of the crime. full opportunity for meditation and reflection, a
time adequate to allow the conscience to
Par. 12. That the crime be committed by means of
QuickTime and a
overcome the resolution of the will, as well as
inundation, fire,
TIFF poison,
(Uncompressed)explosion,
decompressor
are needed to see this picture.
stranding outward acts showing the intent to kill. It must be
of a vessel or intentional damage thereto, shown that the offender had sufficient time to
derailment of a locomotive, or by use of any reflect upon the consequences of his act but still
artifice involving great waste and ruin persisted in his determination to commit the
crime. (PEOPLE vs. SILVA, et. al., GR No.
The circumstances under this paragraph will only 140871, August 8, 2002)
be considered as aggravating if and when they
are used by the offender as a means to Premeditation is absorbed by reward or promise.
accomplish a criminal purpose
When the victim is different from that intended,
premeditation is not aggravating. However, if the
Page 19 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
offender premeditated on the killing of any DISGUISE (disfraz) resorting to any device to
person, it is proper to consider against the conceal identity.
offender the aggravating circumstance of
premeditation, because whoever is killed by him The test of disguise is whether the device or
is contemplated in his premeditation. contrivance resorted to by the offender was
intended to or did make identification more
Par. 14. That (1) craft, (2) fraud, or (3) disguise be difficult, such as the use of a mask or false hair or
employed. beard.
Page 20 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 21 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
REASON FOR THE RULE: When there is Applicable to crimes against chastity, less
treachery, it is impossible for either the intended serious physical injuries, light or grave
victim or the actual victim to defend himself coercion, and murder.
against the aggression.
Par. 18. That the crime be committed after an
TREACHERY ABSORBS: unlawful entry.
1. Craft
2. Abuse of superior strength UNLAWFUL ENTRY - when an entrance is effected
3. Employing means to weaken the defense by a way not intended for the purpose.
QuickTime and a
4. Cuadrilla (band)
TIFF (Uncompressed) decompressor
are needed to see this picture.
5. Aid of armed men NOTE: Unlawful entry must be a means to effect
6. Nighttime entrance and not for escape.
Page 22 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Par. 19. That as a means to the commission of a Intended to counteract the great facilities
crime, a wall, roof, floor, door, or window be found by modern criminals in said means to
broken. commit crime and flee and abscond once the
same is committed.
It is NOT necessary that the offender should MEANING OF or other similar means
have entered the building Therefore, If the Should be understood as referring to motorized
offender broke a window to enable himself to vehicles or other efficient means of transportation
reach a purse with money on the table near similar to automobile or airplane.
that window, which he took while his body
was outside of the building, the crime of theft
was attended by this aggravating Par. 21. That the wrong done in the commission
circumstance. of the crime be deliberately augmented by
causing other wrong not necessary for its
PAR. 19 PAR. 18 commission
It involves the breaking Presupposes that there
(rompimiento) of the is no such breaking as CRUELTY there is cruelty when the culprit enjoys
enumerated parts of by entry through the and delights in making his victim suffer slowly and
the house. window. gradually, causing unnecessary physical pain in the
consummation of the criminal act.
NOTE: Breaking in is lawful in the following
instances: Requisites:
1. An officer, in order to make an arrest, may 1. That the injury caused be deliberately
break open a door or window of any building increased by causing other wrong;
in which the person to be arrested is or is 2. That the other wrong be unnecessary for the
reasonably believed to be; execution of the purpose of the offender.
2. An officer, if refused admittance, may break
open any door or window to execute the Cruelty is not inherent in crimes against persons.
search warrant or liberate himself, In order for it to be appreciated, there must be
3. Replevin, Section 4, Rule 60 of the Rules of positive proof that the wounds found on the body
Court of the victim were inflicted while he was still alive
in order unnecessarily to prolong physical
Par. 20. That the crime be committed suffering.
(1) with the aid of persons under fifteen (15) Cruelty cannot be presumed
years of age, or If the victim was already dead when the acts of
(2) by means of motor vehicles, airships, or mutilation were being performed, this would also
other similar means. qualify the killing to murder due to outraging of
his corpse.
TWO DIFFERENTTIFFCIRCUMSTANCES
QuickTime and a
(Uncompressed) decompressor
GROUPED
IN THIS PARAGRAPH: are needed to see this picture. IGNOMINY (PAR.17) CRUELTY (PAR. 21)
1. With the aid of persons under fifteen years of Involves MORAL Refers to PHYSICAL
age: suffering suffering
Intends to repress, so far as possible, the
frequent practice resorted to by professional Unlike mitigating circumstances (par. 10, Art.
criminals to avail themselves of minors taking 13), there is NO provision for aggravating
advantage of their irresponsibility. circumstances of a similar or analogous
2. By means of motor vehicles, airships, or character.
other similar means:
Page 23 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 24 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
INTOXICATION
TITLE TWO
When Intoxication Mitigating And When
Aggravating:
1. Mitigating PERSONS CRIMINALLY LIABLE FOR
i. If intoxication is not habitual, or FELONIES
ii. If intoxication is not subsequent to the plan to
commit a felony.
ART.16.WHO ARE CRIMINALLY LIABLE
2. Aggravating
i. If intoxication is habitual, or Note that accessories are not liable for light
ii. If it is intentional (subsequent to the plan to felonies. REASON: In the commission of light
commit a felony). felonies, the social wrong as well as the
individual prejudice is so small that penal
To Be Entitled To The Mitigating Circumstance Of sanction is unnecessary.
Intoxication, It Must Be Shown:
1. That at the time of the commission of the The classification of the offenders as principal,
criminal act, the accused has taken such accomplice or an accessory is essential under
quantity of alcoholic drinks as to blur his the RPC. The classification maybe applied to
reason and deprive him of a certain degree special laws only if the latter provides for the
of control, and same graduated penalties as those provided
2. That such intoxication is not habitual, or under the RPC.
subsequent to the plan to commit the felony.
To be mitigating, the accuseds state of There Are Two Parties In All Crimes:
intoxication must be proved. Once
intoxication is established by satisfactory 1. Active subject (the criminal)
evidence, in the absence of proof to the Art. 16 enumerates the active subjects
contrary, it is presumed to be non-habitual or of the crime.
unintentional. 2. Passive subject (the injured party)
Is the holder of the injured right: the
INSTRUCTION OR EDUCATION man, the juristic person, the group, and
As an alternative circumstance it does not the State.
refer only to literacy but more to the level of Note: Only natural persons can be the
intelligence of the accused. active subject of crime because of the
Refers to the lack or presence of sufficient highly personal nature of the criminal
intelligence and knowledge of the full responsibility.
significance of ones acts.
Low degree of instruction and education However, corporation and partnership
or lack of it is generally mitigating. High can be a passive subject of a crime.
degree of instruction and education is
aggravating, when the offender took GENERALLY: Corpses and animals
advantage of his learning in committing the cannot be passive subjects because
crime. they have no rights that may be
injured.
GENERAL RULE: Lack of sufficient education is EXCEPTION: Under Art. 253, the
mitigating.
QuickTime and a
TIFF (Uncompressed) decompressor
crime of defamation may be
EXCEPTIONS:
are needed to see this picture. committed if the imputation tends to
1. Crimes against property (e.g. arson, blacken the memory of one who is
estafa, theft, robbery) dead.
2. Crimes against chastity, and
3. Treason because love of country This article applies only when the
should be a natural feeling of every offenders are to be judged by their
citizen, however unlettered or uncultured individual, and not collective, liability.
he may be.
Page 25 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 26 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
principal by inducement (or by indispensable If the person who actually committed the crime
cooperation). had reason of his own to commit the crime, it
cannot be said that the inducement was
influential in producing the criminal act.
Two Ways Of Becoming Principal By Induction:
1. By directly forcing another to commit a crime PRINCIPAL BY OFFENDER WHO
by : INDUCEMENT MADE PROPOSAL TO
a) Using irresistible force. COMMIT A FELONY
b) Causing uncontrollable fear.
In these cases, there is no conspiracy, not In both
even a unity of criminal purpose and
intention. Only the one using the force or
causing the fear is criminally liable. The There is an inducement to commit a crime
material executor is not criminally liable When liable
because of Art. 12, pars. 5 and 6
(exempting circumstances)
Becomes liable only The mere proposal to
2. By directly inducing another to commit a when the crime is commit a felony is
crime by committed by the punishable in treason or
a) Giving of price, or offering of reward or principal by direct rebellion. However, the
promise. participation. person to whom the
The one giving the price or offering the proposal is made should
reward or promise is a principal by not commit the crime,
inducement while the one committing the
crime in consideration thereof is a principal Otherwise, the proponent
by direct participation. There is collective becomes a principal by
criminal responsibility. inducement.
What kind of crime involved
b) Using words of command
The person who used the words of Involves any crime The proposal to be
command is a principal by inducement punishable must involve
while the person who committed the crime only treason or rebellion.
because of the words of command is a
principal by direct participation. There is
also collective criminal responsibility. Effects Of Acquittal Of Principal By Direct
Participation Upon Liability Of Principal By
Requisites for words of command to be Inducement:
considered inducement:
1. Conspiracy is negatived by the acquittal of co-
1. Commander has the intention of procuring
the commission of the crime defendant.
2. Commander has ascendancy or influence
2. One cannot be held guilty of having instigated the
3. Words used be so direct, so efficacious, so
powerful commission of a crime without first being shown
4. Command be uttered prior to the commission that the crime has been actually committed by
another.
5. Executor had no personal
QuickTime andreason
a
TIFF (Uncompressed) decompressor
are needed to see this picture.
But if the one charged as principal by direct
NOTE: Words uttered in the heat of anger and in the participation is acquitted because he acted
without criminal intent or malice, his acquittal
nature of the command that had to be obeyed do not
make one an inductor. is not a ground for the acquittal of the
principal by inducement.
The inducement must precede the act induced
and must be so influential in producing the REASON FOR THE RULE: In exempting
criminal act that without it, the act would not have circumstances, such as when the act is not
voluntary because of lack of intent on the
been performed. Mere imprudent advice is not
inducement. part of the accused, there is a crime
Page 27 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 28 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 29 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
3. descendant, or
PRINCIPAL ACCESSORY 4. legitimate, natural or adopted brother, sister
or relative by affinity within the same degree.
Takes direct part or cooperates Does NOT take direct
in, or induces the commission part or cooperates in, or
Accessory Is Not Exempt From Criminal Liability
of the crime induces the commission Even If The Principal Is Related To Him, If Such
of the crime Accessory
cooperates in the commission does not take part in the
of the offense by acts either commission of the 1. profited by the effects of the crime, or
2. assisted the offender to profit by the effects
prior thereto or simultaneous offense
of the crime.
therewith
REASON: Because such acts are prompted not by
Participates during commission Participation of the affection but by a detestable greed.
of the crime accessory in all cases
always SUBSEQUENT
to the commission of the NOTES:
crime Nephew and Niece not included
Public officer contemplated in par. 3 of Art. 19 is
exempt by reason of relationship to the principal,
even if such public officer acted with abuse of his
official functions.
ANTI-FENCING LAW OF 1979
REASON: Ties of blood or relationship
PRES. DECREE 1612 constitutes a more powerful incentive than the
call of duty.
P.D. 1829 penalizes the act of any person who
FENCING is an act, with intent to gain, of buying, knowingly or willfully obstructs, impedes, frustrates or
selling, receiving, possessing, keeping, or in any delays the apprehension of suspects and the
other manner dealing in anything of value which a investigation and prosecution of criminal cases.
person knows or should have known to be derived
from the proceeds of the crime of robbery or theft. The benefits of the exception in Art. 20 do
not apply to PD 1829.
FENCE is a person who commits the act of fencing.
A fence who receives stolen property as above-
provided is not an accessory but a principal in the
TITLE THREE
crime defined in and punished by the Anti-Fencing
PENALTIES
Law.
Mere possession of anything of value which has been
the subject of robbery or theft shall be prima facie
evidence of fencing.
BASIS: QuickTime and a PENALTY suffering inflicted by the State for the
The exemption provided for in this
TIFF (Uncompressed) article is based on
decompressor
are needed to see this picture. transgression of a law.
the ties of blood and the preservation of the
cleanliness of ones name, which compels one to Different Juridical Conditions Of Penalty:
conceal crimes committed by relatives so near as
those mentioned in this article. 1. Must be productive of suffering, without
however affecting the integrity of the human
personality.
AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABLITY 2. Must be commensurate with the offense
WHEN THE PRINCIPAL IS HIS : different crimes must be punished with
1. spouse, or different penalties.
2. ascendant, or
Page 30 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 31 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 32 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 33 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Distinction between classification of Penalties in
crime during the service of the penalty for a Art. 9 and Art. 26
previous crime. Article 9 Article 26
Affli
Commitment of a minor is not a penalty Applicable in Applicable in determining ctive
because it is not imposed by the court in a determining the the prescriptive period of
judgment. The imposition of the sentence in prescriptive period of penalties over
such a case is suspended. felonies 600
0;
Corr
ART. 26: WHEN AFFLICTIVE, CORRECTIONAL, ecti
OR LIGHT PENALTY onal 201 to 6000; Light 200 and less
Fines:
1. Afflictive over 6000
2. Correctional 201 to 6000
3. Light 200 and less
NOTES:
The classification applies if the fine is imposed
as a single or alternative penalty. Hence, it
does not apply if the fine is imposed together
with another penalty.
Fines are imposed either as alternative (Ex: Art
144 punishing disturbance of proceedings with
arresto mayor or fine from 200 pesos to 1000
pesos) or single (Ex. fine of 200 to 6000 pesos)
Penalty cannot be imposed in the alternative
since it is the duty of the court to indicate the
penalty imposed definitely and positively. Thus,
the court cannot sentence the guilty person in a
manner as such as to pay fine of 1000 pesos,
Chapter Three
or to suffer an imprisonment of 2 years, and to
DURATION AND EFFECTS OF PENALTIES
pay the costs.
If the fine imposed by the law for the felony is
exactly 200 pesos, it is a light felony.
Section One. Duration of Penalties
* People vs. Yu Hai (99 Phil. 725):
Under Art. 9, where the fine in question is
exactly P200, it is a light penalty, thus the Art. 27: RECLUSION PERPETUA
offense is a light felony; whereas under Art. 26,
1. Reclusin perpetua 20 years and 1 day to
it is a correctional penalty, hence the offense
40 years
involved is a less grave felony. It that this
2. Reclusin temporal 12 years and 1 day to
discrepancy should be resolved liberally in
20 years
favor of the accused, hence Art. 9 prevails over
3. Prisin mayor and temporary
Art. 26. QuickTime and a
TIFF (Uncompressed) decompressor disqualification 6 years and 1 day to 12
are needed to see this picture.
years, except when disqualification is an
Bond to keep the peace is by analogy:
accessory penalty, in which case its duration
is that of the principal penalty
4. Prisin correccional, suspensin, and
destierro 6 months and 1 day to 6 years,
except when suspensin is an accessory
penalty, in which case its duration is that of
the principal penalty
5. Arresto mayor 1 month and 1 day to 6
months
Page 34 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 35 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 36 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Effects;Deprivation of the following rights: 2. if the facts and circumstances of the case
1. Parental rights show that the purpose of the President is to
2. Guardianship over the ward precisely restore the rights i.e., granting
3. Marital authority absolute pardon after election to a post
4. Right to manage property and to dispose of (mayor) but before the date fixed by law for
the same by acts inter vivos assuming office to enable him to assume the
position in deference to the popular will
Civil Interdiction is an accessory penalty to the
following principal penalties: Pardon by the offended party does not extinguish
1. If death penalty is commuted to life criminal liability; may include offended party waiving
imprisonment civil indemnity and it should be done before the
2. Reclusion perpetua institution of the criminal prosecution and extended to
3. Reclusion temporal both offenders.
*He can dispose of such property by will or donation
mortis causa PARDON BY PARDON BY
THE CHIEF OFFENDED
EXECUTIVE PARTY (ART.
ART. 35: EFFECTS OF BOND TO KEEP THE (ART. 36) 23)
PEACE Crime Any crime, Crimes against
covered unless chastity under
otherwise the RPC only
Bond to keep the peace is different from bail bond
provided by or
which is posted for the provisional release of a
subject to
person arrested for or accused of a crime. Bond to
conditions in
keep the peace or for good behavior is imposed as a
the Constitution
penalty in threats.
or the laws
Extinguish- Extinguishes Does not
ART. 36: PARDON; ITS EFFECT ment of criminal liability extinguish
criminal criminal liability
NOTES: liability although it may
Pardon by the President does not restore the constitute a bar
right to public office or suffrage except when to the
both are expressly restored in the pardon. prosecution of
Nor does it exempt one from civil liability or the offender
from payment of civil indemnity. Effect on Cannot affect Offended party
civil liability the civil liability can waive the
Limitations to Presidents power to pardon: ex delicto of the civil liability
o can be exercised only after final offender
judgment When Only after Only before the
o does not extend to cases of granted conviction by institution of the
impeachment final judgment criminal action
o does not extinguish civil liability To whom Any or all of the In adultery and
only criminal liability granted accused concubinage,
must include
GENERAL RULE: Pardon granted
QuickTime and a in general terms
both offenders
TIFF (Uncompressed) decompressor
does not include accessory
are needed topenalties.
see this picture. Whether it May be Cannot validly
Exceptions: can be absolute or be made
1. if the absolute pardon is granted after the conditional conditional subject to a
term of imprisonment has expired, it removes condition
all that is left of the consequences of
conviction. However, if the penalty is life
imprisonment and after the service of 30
years, a pardon is granted, the pardon does ART. 37: COST; WHAT ARE INCLUDED
not remove the accessory penalty of absolute
perpetual disqualification Costs include:
1. fees
Page 37 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 38 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 39 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
forfeiture.
4. Property not subject of lawful commerce Chapter Four
(whether it belongs to the accused or a 3rd APPLICATION OF PENALTIES
person) shall be destroyed.
NOTES:
There cannot be confiscation or forfeiture Section One. Rules for the application of
unless theres a criminal case filed, tried and penalties to the persons criminally liable and for
accused is convicted. the graduation of the same.
Third person must be indicted to effect
confiscation of his property.
Instruments of the crime belonging to an
innocent 3rd person may be recovered. ART. 46: PENALTY TO BE IMPOSED UPON
Confiscation can be ordered only if the PRINCIPALS IN GENERAL
property is submitted in evidence or placed at
the disposal of the court.
When the order of forfeiture has already GENERAL RULE: The penalty prescribed by law in
become final, the articles which were forfeited general terms shall be imposed:
can not be returned, even in case of an 1. upon the principals
acquittal. 2. for consummated felony
There must be conviction by final judgment. EXCEPTION: when the law fixes a penalty for
However, even if the accused is acquitted on the frustrated or attempted felony. Whenever it is
reasonable doubt, but the instruments or believed that the penalty lower by one or two
proceeds are contraband, the judgment of degrees corresponding to said acts of execution
acquittal shall order their forfeiture for is not proportionate to the wrong done, the law
appropriate disposition. fixes a distinct penalty for the principal in the
Confiscation & forfeiture are additional frustrated or attempted felony.
penalties. When the penalty imposed did not
include the confiscation of the goods involved, The Graduation Of Penalties Refers To:
the subsequent confiscation & forfeiture of 1. By degree
said goods would be an additional penalty, a. stages of execution (consummated,
amounting to an increase of the penalty frustrated, attempted)
already imposed, thereby placing the accused b. degree of the criminal participation of
in double jeopardy. In case the accused the offender (principal, accomplice,
appeals, confiscation and forfeiture not accessory)
ordered by the trial court may be imposed by 2. By period
the appellate court a. (minimum, medium, maximum) -
The government can not appeal the refers to the proper period of the
modification of a sentence if the defendant did penalty w/c should be imposed when
not appeal. But if the defendant appeals, it aggravating or mitigating
removes all bars to the review and correction circumstances attend the
of the penalty imposed by the court below, commission of the crime
even if an increase thereof should be the
result
ART. 47: IN WHAT CASES THE DEATH
QuickTime and a PENALTY SHALL NOT BE IMPOSED
When Art. 45 cannot apply:
TIFF (Uncompressed) decompressor
are needed to see this picture.
1. The instruments belong to innocent third
parties Death Penalty Not Imposed In The Following
2. Such properties have not been placed under Cases:
the jurisdiction of the court 1. under age - when the offender is under 18
3. When it is legally or physically impossible. yrs of age at the time of commission.
Why? - Because minority is always
a mitigating circumstance
2. over age - when the person is more than 70
years old at time RTC sentenced him
3. no court majority - when upon appeal or
Page 40 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 41 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
The means actually employed (another imprisonment while that for the other is fine,
crime) was merely to facilitate and insure the the severity of the penalty for the more
consummation of the crime. serious crime should not be judged by the
It is not a complex crime when trespass to classification of each of the penalties
dwelling is a direct means to commit a grave involved, but by the nature of the penalties.
offense. Like rape, there is no complex crime In the order of severity of the penalties,
of trespass to dwelling with rape. Trespass arresto mayor and arresto menor are
will be considered as aggravating (unlawful considered more severe than destierro and
entry or breaking part of a dwelling) arresto menor is higher in degree than
When the offender had in his possession the destierro.
funds w/c he misappropriated, the
falsification of a public or official document There is NO COMPLEX CRIME in the following:
involving said funds is a separate offense. 1. In case of continuing crimes
But when the offender had to falsify a public 2. When one offense is committed to conceal
or official document to obtain possession of the other
the funds w/c he misappropriated, the 3. When the other crime is an indispensable
falsification is a necessary means to commit part or an element of the other offenses as
the malversation. defined
There is no complex crime of rebellion w/ 4. Where one of the offenses is penalized by a
murder, arson, robbery or other common special law
crimes. They are mere ingredients of the 5. When the law provides one single penalty for
crime of rebellion absorbed already. special complex crime:
(according to Ortega, complex) a. Robbery with Homicide
When 2 crimes produced by a single act are b. Robbery with Rape
respectively within the exclusive jurisdiction c. Rape with Homicide
of 2 courts of different jurisdiction, the court d. Kidnapping with Serious Physical
of higher jurisdiction shall try the complex Injuries
crime. e. Kidnapping with Homicide
Art. 48 is intended to favor the culprit.
The penalty for complex crime is the penalty PLURALITY OF CRIMES consists in the
for the most serious crime, the same to be successive execution by the same individual of
applied in its maximum period. If the different different criminal acts upon any of which no
crimes resulting from one single act are conviction has yet been declared.
punished w/ the same penalty, the penalty for
any one of them shall be imposed, the same Kinds Of Plurality Of Crimes:
to be applied in the maximum period. The 1. Formal or Ideal only one criminal liability.
same rule shall be observed when an offense Formal or ideal crimes are further divided into
is a necessary means to commit the other. three groups, where a person committing
A complex crime of the second form may be multiple crimes is punished with only one
committed by two persons. penalty:
But when one of the offenses, as a means to a. when the offender commits any of
commit the other, was committed by one of the complex crimes defined in Art.
the accused by reckless imprudence, the 48
accused who committed the crime by b. when the law specifically fixes a
reckless imprudence is liable for his acts single penalty for 2 or more
QuickTime and a
only. TIFF (Uncompressed) decompressor offenses committed: robbery w/
are needed to see this picture.
When two felonies constituting a complex homicide, kidnapping w/
crime are punishable by imprisonment and serious physical injuires
fine, respectively, only the penalty of c. when the offender commits
imprisonment shall be imposed. Reason: continued crimes
Fine is not included in the list of penalties in 2. Real Or Material there are different crimes
the order of severity and it is the last in the in law as well as in the conscience of the
graduated scales in Art. 71. offender. In such cases, the offender shall be
When a single act constitutes two grave or punished for each and every offense that he
less grave or one grave and another less committed.
grave, and the penalty for one is
Page 42 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Lesser penalty to be Penalty for the more No conviction of the crimes There must be conviction
imposed in its maximum serious crime shall be committed by final judgment of the first
period imposed in its maximum prior offense
period
CONTINUED CRIME refers to a single crime
consisting of a series of acts but all arising from one
criminal resolution. Although there is a series of acts,
there is only one crime committed, so only one RULES:
penalty shall be imposed. 1. If the penalty for the felony committed be
higher than the penalty for the offense which
Ex of continued crimes: the accused intended to commit, the lower
a. A collector of a commercial firm penalty shall be imposed in its maximum
misappropriates for his personal use several period.
amounts collected by him from different 2. If the penalty for the felony committed be
persons. There is only one crime because lower than the penalty for the offense which
the different and successive appropriations the accused intended to commit, the lower
are but the different moments during w/c one penalty shall be imposed in its maximum
criminal resolution arises. period.
b. Juan steals 2 books belonging to 2 different 3. If the act committed also constitutes an
persons. He commits only one crime attempt or frustration of another crime, and
because there is unity of thought in the the law prescribes a higher penalty for either
criminal purpose of the offender. of the latter, the penalty for the attempted or
frustrated crime shall be imposed in its
NOTE: A continued crime is not a complex crime, as maximum period.
the offender does not perform a single act but a
series of acts. Therefore: NOTES:
a. penalty not to be imposed in the maximum Art. 49 has reference to the provision in the
st
b. no actual provision punishing continued 1 par of Art .4 which provides that criminal
crime It is a principle applied in connection liability shall be incurred by any person
with 2 or more crimes committed with a committing a felony although the wrongful act
single intention. done be different from that which he
intended.
NOTE: A continued (continuous or continuing) crime Art. 49 is applicable only in cases when there
is different from a transitory crime. Transitory crime is a mistake in identity of the victim of the
is moving crime. crime (error in personae) and the penalty for
the crime committed is different from that for
the crime intended to be committed.
REAL/MATERIAL CONTINUED CRIME Art. 49 also has no application where a more
PLURALITY serious consequence not intended by the
offender befalls the same person.
There is a series of acts Same
In Art. 49, pars. 1 and 2, the lower penalty in
performed by the offender
its maximum period is always imposed.
Each act performed constitutesQuickTime
Differentand aacts constitute In Par. 3 the penalty for the attempted or
TIFF (Uncompressed) decompressor
a separate crime because are needed toonly one
see this crime because
picture. frustrated crime shall be imposed in its
each act is generated by a all of the acts performed maximum period. This rule is not necessary
criminal impulse arise from one criminal and may well be covered by Art. 48, in view
resolution. of the fact that the same act also constitutes
an attempt or a frustration of another crime.
Art. 50: Penalty to be imposed upon principals Distinctions between Degree and Period
of a frustrated crime Degree Period
Art. 51: Penalty to be imposed upon principals
of attempted crimes Refers to the penalty Refers to the duration
Art. 52: Penalty to be imposed upon imposable for a felony of the penalty
accomplices in consummated crime committed considering consisting of the
Art. 53: Penalty to be imposed upon the stages of execution maximum, medium,
accessories to the commission of a and the degree of and minimum, after
consummated felony participation of the considering the
Art. 54: Penalty to imposed upon accomplices offender presence or absence
in a frustrated crime of aggravating
Art. 55: Penalty to be imposed upon circumstances
accessories of a frustrated crime
Art. 56: Penalty to be imposed upon
accomplices in an attempted crime May refer to both Refers only to
Art. 57: Penalty to be imposed upon divisible and indivisible divisible penalties
accessories of an attempted crime penalties
Accessory 2 less 3 less 4 less NOTE: Art. 58 is limited only to grave and less grave
felonies since it is not possible to have accessories
liable for light felonies. It is further limited to those
whose participation in the crime is characterized by
NOTES: the misuse of public office or authority.
Art. 50-57 are not applicable when the law
specifically prescribes the penalty for the Additional Penalties for Public Officers who are
frustrated and attempted felony or that to be accessories:
imposed upon the accomplices and 1. Absolute Perpetual Disqualification, if the
accessories. (examples: qualified seduction, principal offender is guilty of a grave felony
flight to enemy country, kidnapping) 2. Absolute temporary disqualification, if the
Degree one whole penalty, one entire principal offender is guilty of less grave felony
penalty or one unit of the penalties
enumerated in the graduated scales provided
for in Art. 71 ART. 59: PENALTY TO BE IMPOSED IN CASE
Period one of 3 equal portions, OF FAILURE TO COMMIT THE CRIME
min/med/max of a divisible penalty. A period BECAUSE THE MEANS EMPLOYED OR THE
of a divisible penalty when prescribed by the AIMS SOUGHT ARE IMPOSSIBLE
QuickTime and a
Code as aTIFF penalty for decompressor
(Uncompressed) a felony, is in itself a
are needed to see this picture.
degree.
NOTES:
Basis for the imposition of proper penalty in
impossible crimes: social danger and degree
of criminality shown by the offender
The penalty for impossible crime is arresto
mayor (imprisonment of 1 month and 1 day
to 6 months) or fine ranging from 200-500
pesos.
Art. 59 is limited to grave and less grave
Page 44 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Rules 4 and 5:
ART. 61: RULES FOR GRADUATING 1. if the penalty prescribed in the Code consists
PENALTIES of three periods corresponding to different
divisible penalties, the penalty next lower is
The rules provided in this Article should also apply in that consisting in the three periods down the
determining the minimum of the Indeterminate scale
Sentence Law (ISL). It also applies in lowering the 2. if the penalty prescribed in the Code consists
penalty by one orTIFFtwo degreesand by
QuickTime a
(Uncompressed) decompressor
reason of the of two periods, the penalty next lower is that
presence of the privileged
are neededmitigating
to see this picture.circumstance, or
consisting in two periods down the scale
when the penalty is divisible and there are two or 3. if the penalty prescribed in the Code consists
more mitigating circumstances and there are no in only one period, the penalty next lower is
aggravating circumstances. the next period down in the scale
GRADUATED SCALE IN ART. 71 NOTE: Mitigating and Aggravating circumstances are
first disregarded in the application of the rules for
Indivisible Penalties: graduating penalties. It is only after the penalty next
1. Death lower in degree is already determined that the
2. Reclusion Perpetua mitigating and aggravating circumstances should be
Page 45 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 46 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
NOTES:
In no case shall the total penalties imposed ART. 64: RULES FOR THE APPLICATION OF
upon the offender exceed 30 years. PENALTIES WHICH CONTAIN THREE
QuickTime and a
The imposition of the additional
TIFF (Uncompressed) decompressor penalties on PERIODS
are needed to see this picture.
habitual delinquents are constitutional, it is
simply a punishment on future crimes on Rules For The Application Of Divisible Penalties:
account of the criminal propensities of the 1. No aggravating and no mitigating
accused. circumstances medium period
The imposition of such additional penalties 2. One mitigating circumstance minimum
are mandatory. period
Habitual delinquency applies at any stage of 3. One aggravating circumstance maximum
the execution because subjectively, the period
offender reveals the same degree of 4. Mitigating and aggravating circumstance
depravity or perversity as the one who offset each other and according to relative
Page 47 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
weight
5. 2 or more mitigating without any aggravating 4. Use the maximum of the minimum period as
circumstance one degree lower the minimum of the medium period and add 1
day to distinguish from the minimum period.
NOTES: Then add 2 years to the minimum of the
Art. 64 applies when the penalty has 3 medium (disregarding the 1 day) to get the
periods because they are divisible. If the maximum of the medium period.
penalty is composed of 3 different penalties, 8 years (minimum of the medium)
each forms a period according to Art. 77 + 2 years (difference)
Par. 4: the mitigating circumstances must be -------------------------------------------
ordinary, not privileged. The aggravating 10 years (maximum of the medium)
circumstances must be generic or specific,
not qualifying or inherent. Therefore, medium period of prision mayor =
the court has discretion to impose the penalty 8 years 1 day to 10 years
within the limits fixed by law
Art. 64 not applicable when the penalty is 5. use the maximum of the medium period as
indivisible or prescribed by special law or a the minimum of the maximum pd, and add 1
fine day to distinguish it from the maximum of the
Cases where the attending aggravating or medium period. Then add 2 years to the
mitigating circumstances are not considered minimum of the maximum pd (disregarding
in the imposition of penalties: the 1 day) to get the maximum of the
Penalty that is single and indivisible maximum period)
Felonies through negligence 10 years (maximum of the medium)
Where the penalty is only a fine + 2 years (difference)
imposed by an ordinance (subject to ----------------------------------------------
discretion of court see Article 66) 12 years (maximum of the maximum)
Penalty is prescribed by a special
law Therefore, maximum period of prision mayor
= 10 years 1 day to 12 years
ART. 65: RULE IN CASES IN WHICH THE
PENALTY IS NOT COMPOSED OF THREE *Computation above is applicable to all others except
PERIODS to arresto mayor.
Computations:
Example: Prision Mayor minimum (6 years 1 day
Example: Prision Mayor (6 years, 1 day to 12 to 8 years) only
years)
1. subtract the minimum (disregard 1 day) from 1. Subtract minimum from the maximum.
the maximum 8 years 6 years = 2 years
12 years 6 years = 6 years
2. Divide the difference by 3.
2. Divide the difference by 3. 2 years / 3 = 8 months
6 years / 3 = 2 years
3. Use the minimum of the given example as
3. Use the minimumQuickTime (6 years the minimum period. Then to get to get the
and aand 1 day) as the
minimum of TIFF (Uncompressed) decompressor
the minimum period. Then add maximum of the minimum, add the 8 months.
are needed to see this picture.
the 2 years (disregarding the 1 day) to the 6 years + 8 months = 6 years and 8
minimum to get the maximum of the months
minimum period. Therefore, minimum of prision mayor
6 years (minimum of the minimum) minimum = 6 years 1 day to 6 years 8
+ 2 years (difference) months
-------------------------------------------
8 years (maximum of the minimum). 4. Use the maximum of the minimum as the
minimum of the medium period. Add 1 day to
Therefore, minimum period of prision mayor distinguish it from the maximum of the
= 6 years 1 day to 8 years minimum. Add the 8 months and this
Page 48 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
becomes the maximum of the medium 2. less grave felony arresto mayor min to
6 years 8 months + 8 months = 7 arresto mayor medium
years 4 months
Therefore, the medium period of prision
mayor minimum = 6 years, 8 months 1 day to ART. 68: PENALTY TO BE IMPOSED UPON A
7 years, 4 months PERSON UNDER EIGHTEEN YEARS OF AGE
5. Use the maximum of the medium as the NOTE: Art. 68 applies to such minor if his application
minimum period of the maximum period and for suspension of sentence is disapproved or if while
add 1 day to distinguish. Add the 8 months to in the reformatory institution he becomes incorrigible,
get the maximum of this maximum in which case he shall be returned to the court for the
7 years 4, months + 8 months = 8 imposition of the proper penalty.
years
Therefore, maximum of prision mayor = 7 Art. 68 provides for 2 privileged mitigating
years, 4 months, 1 day to 8 years circumstances:
1. If the act is attended by two or more
mitigating circumstances and no aggravating
ART. 66: IMPOSITION OF FINES circumstance, the penalty being divisible, a
1. The minor over 15 but under 18 may still get a
court can fix any amount of the fine within the penalty two degrees lower.
limits established by law. 2. under 15 but over 9 and has acted w/
2. Court must consider the following in imposing discretion: 2 degrees lower
the fines: 3. under 18 but over 15: 1 degree lower
a. mitigating and aggravating
circumstances
b. more particularly, the wealth and
means of the culprit ART. 69: PENALTY TO BE IMPOSED WHEN
3. The following may also be considered by the THE CRIME COMMITTED IS NOT WHOLLY
court: EXCUSABLE
a. the gravity of the crime committed
b. the heinousness of its perpetration NOTE: Penalty to be imposed when the crime
c. the magnitude of its effects on the committed is not wholly excusable:1 or 2 degrees
offenders victims. lower if the majority of the conditions for justification
or exemption in the cases provided in Arts. 11 and 12
NOTE: When the minimum of the fine is not fixed, the are present.
court shall have the discretion, provided it does not
exceed the amount authorized by law.
ART. 70: SUCCESSIVE SERVICE OF
SENTENCE
ART. 67: PENALTY TO BE IMPOSED WHEN
NOT ALL THE REQUISITES OF EXEMPTION
NOTES:
OF THE FOURTH CIRCUMSTANCE OF
The Three-Fold Rule
ARTICLE 12 ARE PRESENT
1. Maximum duration of the convicts sentence:
3 times the most severe penalty imposed
QuickTime and a
TIFF (Uncompressed) decompressor 2. Maximum duration: shall not exceed 40 yrs
Requisites of Art. 12, par. to4:see this picture.
are needed
3. Subsidiary imprisonment: This shall be
1. act causing the injury must be lawful excluded in computing for the maximum
2. act performed w/ due care duration.
3. injury was caused by mere accident * The three-fold rule shall apply only when the convict
4. no fault or intention to cause injury is to serve 4 or more sentences successively.
NOTE: If these conditions are not all present, then Different Systems Of Penalty (Relative To The
the following penalties shall be imposed: Execution Of Two Or More Penalties Imposed The
1. grave felony arresto mayor max to prision Same Accused)
correcional minimum 1. Material accumulation system - No
Page 49 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Section Three. Provisions common in the last ART. 78: WHEN AND HOW A PENALTY IS TO
two preceding sections BE EXECUTED
NOTES:
ART. 73: PRESUMPTION IN REGARD TO THE Only a penalty by final judgment can be
IMPOSITION OF ACCESSORY PENALTIES executed. Judgment is final if the accused
has not appealed within 15 days or he has
NOTE: Accessory penalties are deemed imposed expressly waived in writing that he will not
with the principal penalty. However, the subsidiary appeal.
imprisonment must be expressly stated in the There could be no subsidiary liability if it was
decision, as it is not considered an accessory not expressly ordered in the judgment.
penalty.
ART. 79: SUSPENSION OF THE EXECUTION
AND SERVICE OF THE PENALTIES IN CASE
ART. 74: PENALTY HIGHER THAN RECLUSION OF INSANITY
PERPETUA IN CERTAIN CASES
Cases of insanity:
NOTE: If the decision or law says higher than 1. After final sentence, suspend the sentence
QuickTime and a
reclusion perpetua TIFF
or (Uncompressed)
2 degreesdecompressor
higher than reclusion regarding the personal penalties.
are needed to see this picture.
temporal, then the penalty imposed is reclusion 2. If he recovers, the sentence is executed
perpetua or reclusion temporal as the case may be, unless it has prescribed.
and not death. Death must be designated by name. 3. The payment of civil of pecuniary liabilities
However, for the other penalties, this does not apply. shall not be suspended.
sentence
INDETERMINATE SENTENCE LAW 7. granted with conditional pardon by the
Act No. 4103 as amended by Act No. 4225 President, but violated the terms thereof
8. maximum term of imprisonment does not
exceed 1 year
9. sentenced to the penalty of destierro or
- It applies to both violations of Revised Penal Code suspension only
and special laws, and is based on the penalty
actually imposed. RELEASE OF THE PRISONER ON PAROLE
The Board of Pardons and Parole may authorize the
Indeterminate sentence is mandatory where release of a prisoner on parole, after he shall have
imprisonment would exceed one year. served the minimum penalty imposed on him,
provided that:
IF THE PENALTY IS IMPOSED BY THE RPC: 1. Such prisoner is fitted by his training for
1. The Maximum Term is that which could be release,
properly imposed under the RPC, considering the 2. There is reasonable probability that he will live
aggravating and mitigating circumstances. and remain at liberty without violating the law,
2. The MinimumTerm is within the range of the 3. Such release will not be incompatible with the
penalty one degree lower than that prescribed by welfare of society.
the RPC, without considering the circumstances.
BUT when there is a privileged mitigating ENTITLEMENT TO FINAL RELEASE AND
circumstance, so that the penalty has to be DISCHARGE
lowered by one degree, the STARTING POINT If during the period of surveillance such paroled
for determining the minimum term of the prisoner shall: (a) show himself to be a law abiding
indeterminate penalty is the penalty next lower citizen and, (b) shall not violate any law, the Board
than that prescribed by the Code for the offense. may issue a final certification in his favor, for his final
release and discharge.
IF THE PENALTY IS IMPOSED BY SPECIAL
PENAL LAW SANCTION FOR VIOLATION OF CONDITIONS OF
1. The Maximum Term must not exceed the THE PAROLE
maximum term fixed by said law. When the paroled prisoner shall violate any of the
2. The Minimum Term must not be less than conditions of his parole: (a) the Board may issue an
the minimum term prescribed by the same. order for his arrest, and thereafter, (b) the prisoner
shall serve the remaining unexpired portion of the
For SPECIAL LAWS, it is anything within the maximum sentence for which he was originally
inclusive range of the prescribed penalty. Courts committed to prison.
are given discretion in the imposition of the
indeterminate penalty. The aggravating and REASONS FOR FIXING THE MAXIMUM AND
mitigating circumstances are not considered MINIMUM TERMS IN THE INDETERMINATE
unless the special law adopts the same SENTENCE
terminology for penalties as those used in the The minimum and maximum terms in the IS must be
RPC (such as reclusin perpetua and the like). fixed, because they are the basis for the following:
1. Whenever a prisoner has: (a) served the
WHEN BENEFIT OF THE ISL IS NOT MINIMUM penalty imposed on him, and (b) is
APPLICABLE: fit for release of the prisoner on parole, upon
QuickTime and a
The IndeterminateTIFF
Sentence
(Uncompressed)Law shall not apply
decompressor terms and conditions prescribed by the
are needed to see this picture.
to the following persons: Board.
1. sentenced to death penalty or life 2. But when the paroled prisoner violates any of
imprisonment the conditions of his parole during the period
2. treason, or conspiracy or proposal to commit of surveillance, he may be rearrested to
treason serve the remaining unexpired portion of the
3. misprision of treason, rebellion, sedition or MAXIMUM sentence.
espionage 3. Even if a prisoner has already served the
4. piracy MINIMUM, but he is not fitted for release on
5. habitual delinquents the parole, he shall continue to serve until the
6. escaped from confinement, or evaded end of the MAXIMUM term.
Page 51 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 52 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 53 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
said day. The execution shall not take place until after surveillance of an officer of the law whenever
the expiration of at least 8 hours following such the court so provides in the decision due to
notification. the health of the offender. But the reason is
not satisfactory just because the offender is a
respectable member of the community.
ART. 83: SUSPENSION OF THE EXECUTION
OF THE DEATH SENTENCE
ART. 86: RECLUSION PERPETUA, RECLUSION ART. 89: HOW CRIMINAL LIABILITY IS TOTALLY
TEMPORAL, PRISION MAYOR, PRISION EXTINGUISHED
CORRECCIONAL AND ARRESTO MAYOR
PAR. 1. BY DEATH
ART. 87: DESTIERRO
NOTES:
Extinguishment of criminal liability is a
ground for motion to quash.
Destierro Shall Be Imposed In The Following Criminal liability whether before or after final
Cases: judgment is extinguished upon death
1. death or serious physical injuries is caused because it is a personal penalty.
or are inflicted under exceptional Pecuniary penalty is extinguished only when
circumstance death occurs before final judgment.
2. person fails to give bond for good behavior The death of the offended party however
3. concubines penalty for the crime of does not extinguish criminal liability of the
concubinage accused because it is a crime against the
4. lowering the penalty by degrees state.
Execution of Destierro:
1. Convict shall not be permitted to enter the PAR. 2. BY SERVICE OF SENTENCE
place designated in the sentence nor within
the radius specified, which shall not be more NOTES:
QuickTime and a
than 250 and not less decompressor
TIFF (Uncompressed) than 25 km from the Crime is a debt, hence extinguished upon
are needed to see this picture.
place designated. payment.
2. If the convict enters the prohibited area, he Service does not extinguish civil liability.
commits evasion of sentence.
PAR. 3. BY AMNESTY
ART. 88: ARRESTO MENOR
Amnesty is an act of the sovereign power granting
NOTE: oblivion or general pardon. It wipes all traces and
Served where: vestiges of the crime but does not extinguish civil
1. In the municipal jail liability.
2. In the house of the offender, but under the
Page 54 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 55 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 56 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
NOTES:
If a government has an extradition treaty with NOTES:
the country to which a convict escaped, but Consent is not necessary in commutation.
the crime is not included in the treaty, the Prisoner is also allowed special time
running of the prescription is still interrupted. allowance for loyalty which is 1/5 deduction
Evasion of sentence starts the running of the of the period of his sentence.
prescription. It does not interrupt it.
Acceptance of the conditional pardon PAROLE consists in the suspension of the
interrupts the prescription period. sentence of a convict after serving the minimum term
Rolito Go case: Since he was captured, he of the indeterminate penalty, without granting pardon,
is only supposed to serve the remainder of prescribing the terms upon which the sentence shall
his sentence. Reason: During the period he be suspended. In case his parole conditions are not
escaped, his existence was one of fear and observed, a convict may be returned to the custody
discomfort. and continue to serve his sentence without deducting
the time that elapsed.
ART. 94: PARTIAL EXTINCTION OF
CRIMINAL LIABILITY Good conduct allowance during confinement
Deduction for the term of sentence for good behavior
Conditional pardon contract between the
sovereign power of the executive and the convict
Allowances For Good Conduct Per Year
NOTE: Convict shall not violate any of the penal laws Years Allowance
of the Philippines.
First 2 years 5 days per month of good
In Case Of Violation Of Conditions: behavior
3rd to 5th years 8 days per month of good
1. Offender is re-arrested and re-incarcerated
behavior
2. Prosecution under Art. 159 Following years up to 10 days per month of good
10th year behavior
COMMUTATION change in the decision of the 11th year and 15 days per month of good
court by the chief regarding the: successive years behavior
1. degree of the penalty
2. by decreasing the length of the NOTE: Condition of pardon is limited to unserved
imprisonment or fine portion of the sentence, unless an intention to extend
it beyond the time is manifest.
Commutation Allowed When:
1. person is over 70 years old ART. 96: EFFECT OF COMMUTATION OF
2. 8 justices fail to reach a decision affirming SENTENCE
the death penalty
ART. 97: ALLOWANCE FOR GOOD CONDUCT
Page 58 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 59 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 60 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 61 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Indemnity for medical services still unpaid jointly and severally liable, for the indemnity due from
may be recovered. said principal.
Contributory negligence on the part of the
offended party reduces the civil liability of the ART. 110: SEVERAL AND SUBSIDIARY
offender. LIABILITY OF PRINCIPALS, ACCOMPLICES
The civil liability may be increased only if it AND ACCESSORIES OF A FELONY;
will not require an aggravation of the decision PREFERENCE IN PAYMENT
in the criminal case on which it is based.
The amount of damages for death shall be at Each class of principals, accomplices and
least 50,000, even though there may have accessories is liable solidary for their share and
been mitigating circumstances. subsidiarily liable for the share of the other classes.
In addition:
1. payment for the loss of the earning Preference In Enforcement Of Subsidiary
capacity of the deceased Liability:
2. If the deceased was obliged to give 1. against the property of the principal
support, the recipient, who is not an 2. against that of the accomplice
heir, may demand support from the 3. against that of the accessories
defendant.
3. The spouse, illegitimate descendants ART. 111: OBLIGATION TO MAKE
and ascendants of the deceased RESTITUTION IN CERTAIN CASES
may demand for moral damages.
NOTES:
Moral damages may be recovered in the This refers to a person who has participated
following: gratuitously in the proceeds of a felony and
1. physical injuries he is bound to make restitution in an amount
2. seduction, abduction, rape equivalent to the extent of such participation.
3. adultery, concubinage The third person must be innocent of the
4. illegal or arbitrary detention commission of the crime, otherwise he would
5. illegal search be liable as an accessory and this article will
6. libel, slander, defamation not apply.
7. malicious prosecution
Ex. A stole a ring worth 1k which he gave to B who
ART. 108: OBLIGATION TO MAKE accepted it without knowledge that it was stolen. B
RESTORATION, REPARATION FOR DAMAGES, sold the ring to C for 500. B is liable to make
OR INDEMNIFICATION FOR CONSEQUENTIAL restitution up to 500 only.
DAMAGES AND ACTIONS TO DEMAND THE
SAME; UPON WHOM IT DEVOLVES
Chapter Three
NOTES: EXTINCTION AND SURVIVAL OF CIVIL
The heirs of the person liable has no LIABILITY
obligation if restoration is not possible and
the deceased left no property.
Civil liability is possible only when the
offender dies after final judgment.
If the death of the offender took place before ART. 112: EXTINCTION OF CIVIL LIABILITY
QuickTime and a
any final TIFFjudgment of conviction was
(Uncompressed) decompressor
are needed to see this picture.
rendered against him, the action for Civil Liability Is Extinguished By:
restitution must necessarily be dismissed. 1. payment or performance
2. loss of the thing due
3. condonation or remission of the debt
ART. 109: SHARE OF EACH PERSON CIVILLY
4. confusion or merger of the rights of creditor
LIABLE
and debtor
NOTE: In case of insolvency of the accomplices, the 5. compensation
principal shall be subsidiarily liable for their share of 6. novation
the indemnity. In case of the insolvency of the
principal, the accomplices shall be subsidiarily liable,
Page 62 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
NOTES:
ART. 113: OBLIGATION TO SATISFY CIVIL Treason breach of allegiance to the
LIABILITY government by a person who owes
allegiance to it.
NOTES: Allegiance obligation of fidelity and
Unless extinguished, civil liability subsists obedience which individuals owe to the
even if the offender has served sentence government under which they live or to their
consisting of deprivation of liberty or other sovereign, in return for protection they
rights or has not served the same, due to receive
amnesty, pardon, commutation of the Treason is a war crime - punished by state
sentence or any other reason. as a measure of self-protection
Under the law as amended, even if the Committed in times of war (not peace)
subsidiary imprisonment is served for non- when
payment of fines, this pecuniary liability of the - there is actual hostilities
defendant is not extinguished. - no need for a declaration of war.
While amnesty wipes out all traces and Mere acceptance of public office and
vestiges of the crime, it does not extinguish discharge of official duties under the enemy
the civil liability of the offender. A pardon shall do not constitute per se the felony of treason.
in no case exempt the culprit from the But when the position is policy-determining,
payment of the civil indemnity imposed upon the acceptance of public office and the
him by the sentence. discharge of official duties constitute treason.
Probation affects only the criminal aspect of
the crime.
PERSONS LIABLE:
1. Filipino permanent allegiance; can commit
treason anywhere
2. Alien Residing temporary allegiance;
BOOK II commit treason only while residing in
Philippines
NOTES:
Treason committed in a foreign country may
TITLE ONE be prosecuted in the Philippines. (Art.2,
CRIMES AGAINST NATIONAL SECURITY RPC)
AND THE LAW OF NATIONS Treason by an alien must be committed in
the Philippines. (EO 44).
Page 63 of 174