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CRIMINAL LAW (Book 1) ATTY. AMADO P. AQUINO III 5.

5. Crimes against national security and the law of the nations defined in title I of
Book II
Criminal Law
Is a branch of municipal law which defines crimes, treats of their nature and Prospectivity
provides for their punishment. Criminal law has no retroactive effect.

Characteristics of Criminal Law Exception


1. Generality When the law is favorable to the accused.
2. Territoriality
3. Prospectivity Exception to the Exception
1. When the new law is expressly made inapplicable to pending actions or
Generality existing causes of action;
Criminal law is binding on all persons who reside or sojourn in the Philippines 2. Offender is a habitual criminal.

Exceptions Definitions
1. Treaty stipulation Felonies - Acts or omissions punishable by the RPC.
2. Laws of preferential application Crime - Acts or omissions punishable by any law.
3. Principles of Public international law. Act - An overt or external act.
Examples: Omission - Failure to perform a duty required by law.
a. Sovereigns and other head of state.
b. Ambassador, minister plenipotentiary, minister resident and charges d' Felonies; Elements of
affaires. 1. There must be an act or omission;
But consuls, vice-consuls and other foreign commercial representatives can not 2. This must be punishable by the RPC;
claim the privileges and immunities accorded to ambassadors and ministers 3. Act or omission was done by means of dolo or culpa.

Territoriality Classification of Felonies


Penal laws of the Philippines are enforceable only within its territory. 1. Intentional Felonies- committed by means of deceit or malice;
Requisites:
Exception a. Freedom
Article 2 of the RPC is binding even on crimes committed outside of the b. Intelligence
Philippines. c. Intent
1. Offenses committed while on Philippine ship or airship. 2. Culpable Felonies- where the wrongful acts result from imprudence,
2. Forging or counterfeiting any coin or currency note of the Philippines or the negligence, lack of foresight or lack of skill.
obligations and securities issued by Requisites:
the government. a. Freedom
3. Introduction into the country of the above mentioned obligations and b. Intelligence
securities. c. Negligence (lack of foresight) and imprudence (lack of skill).
4. While being public officers and employees and offense is committed in the
exercise of their functions.
Nullum Crimen, Nulla Poena, Sine Lege 2. Frustrated;
There is no crime if there is no law punishing it. 3. Attempted.

Mistake of Fact Consummated Stage


Misapprehension of fact on the part of the person who caused injury to When all the elements necessary for its execution and accomplishment are
another. He is not criminally liable. present.
1. All acts of execution are present.
Mistake of Fact; Requisites of 2. The result sought is achieved.
a. The act done would have been lawful had the facts been as the accused believe
them to be; Frustrated Stage
b. Intention is lawful; Elements:
c. Mistake must be without fault or carelessness by the accused. a. Offender performs all the acts of execution;
b. All these acts would produce the felony as a consequence;
Art. 4 Criminal Liability c. But the felony is not produced;
Paragraph 1 d. By reason of causes independent of the will of the perpetrator.
Criminal liability for a felony committed different from that intended to be
committed. Attempted Stage
Requisites: Elements:
1. Felony has been committed intentionally; a. Offender commences the felony directly by overt acts;
2. Injury or damage done to the other party is the direct, natural and logical b. Does not perform all acts which would produce the felony;
consequences of the felony. c. His acts are not stopped by his own spontaneous desistance. (accident or by
reason of some cause)
Motivated by criminal intent, the offender is criminally liable in:
a. Error in personae - mistake in identity Art. 7 When Light Felonies are Punishable
b. Abberatio ictus - mistake in blow General rule: Punishable only when they have been consummated.
c. Praeter intentionem - lack of intent to commit so grave a wrong. Exception : Even if not consummated if committed against persons or property.

Art. 4., Paragraph 2 Art. 8 Conspiracy and Proposal to Commit Felony


Impossible crime Conspiracy - Requisites
Requisites: 1. Two or more persons come to an agreement;
1. Act would have been an offense against persons or property; 2. For the commission of a felony;
2. There was a criminal intent; 3. They decide to commit it.
3. Accomplishment is inherently impossible or inadequate or ineffectual means
are employed; Concept of Conspiracy
4. Act is not an actual violation of another provision of the RPC or of special law; 1. As a crime itself - ex. conspiracy to commit rebellion, insurrection, treason,
sedition.
Art. 6 Consummated, Frustrated, and Attempted Felonies 2. Merely as means to commit a crime
Stages of Execution: Requisites:
1. Consummated; a. A prior and express agreement;
b. Participants acted in concert or simultaneously, which is indicative of a Paragraph 2 Defense of Relatives
meeting of the minds towards a common criminal objective. Elements:
General rule: Conspiracy to commit a felony is not punishable since it is merely a 1. Unlawful aggression;
preparatory act. 2. Reasonable necessity of the means employed to prevent or repel it;
3. In case the provocation was given by the person attacked, the one making the
Exception: When the law specifically provides for a penalty. defense had no part in such provocation.
Examples: rebellion, insurrection, sedition.
General rule: The act of one is the act of all Relative Entitled to the Defense
Exception: Unless one or some of the conspirators committed some other crime 1. Spouse;
which is not part of the intended crime. 2. Ascendants;
Exception to the exception: When the act constitutes an indivisible offense. 3. Descendants;
4. Legitimate, natural or adopted brothers and sisters, relatives by affinity in
Proposal to Commit a Felony the same degree;
Requisites: 5. Relatives by consanguinity within the 4th civil degree;
1. A person has decided to commit a felony; and
2. Proposes its execution to some other person/persons Paragraph 3 Defense of Stranger
Elements:
Art. 9 Grave Felonies, Less Grave Felonies, and Light Felonies 1. Unlawful aggression;
Penalties (Imprisonment) 2. Reasonable necessity of the means employed to prevent or repel it;
1. Grave Felonies - afflictive penalties: 6 years and 1 day to reclusion perpetua ; 3. Person defending be not induced by revenge, resentment, or other evil motive.
2. Less Grave Felonies - correctional penalties: 1 month and one day to 6 years;
3. Light Felonies - Arresto Menor (1 day to 30 days). Paragraph 4 State of Necessity (Avoidance of Greater Evil or Injury)
Elements:
Art. 11 Justifying Circumstances 1. Evil sought avoided actually exists;
Where the act of a person is in accordance with law said person is deemed not to 2. Injury feared be greater that that done to avoid it;
have violated the law. 3. No other practical and less harmful means of preventing it.
General Rule: NO criminal and civil liability incurred. **with civil liability
Exception: There is civil liability with respect to paragraph 4 where the liability
is born by persons benefited by the act. Paragraph 5 Fulfillment of Duty or Lawful Exercise of a Right or Office.
Elements:
Paragraph 1 Self Defense 1. Accused in the performance of duty or in the lawful exercise of a right or
Elements: office;
1. Unlawful Aggression ; 2. The injury caused or offense committed be the necessary consequence of the
2. Reasonable necessity of the means employed to prevent or repel it. due performance of the duty or the lawful exercise of such right or office.
Test of reasonableness depends on:
a) weapon used by the aggressor; b) physical condition, character, size and Paragraph 6. Obedience to an Order Issued by a Superior Officer
circumstances of persons defending himself; c) place and occasion of assault Elements:
3. Lack of sufficient provocation on the part of the person defending himself. 1. Order has been issued;
2. Order has a lawful purpose;
3. Means used by subordinate to carry out said order is lawful Elements:
General Rule: Subordinate can not invoke this circumstance when order is 1. The compulsion is by means of physical force;
patently illegal. 2. The physical force must be irresistible;
Exception: When there is compulsion of an irresistible force or under impulse of 3. The physical force must come from a 3rd person.
uncontrollable fear.
Paragraph 6. Uncontrollable Fear
Art. 12. Circumstances which Exempt from Criminal Liability Offender employs intimidation or threat in compelling another to commit
Exempting circumstances Basis: Complete absence of negligence, freedom of a crime.
action, or intent or absence of negligence on the part of the accused. Elements:
** No criminal liability but there is civil liability as a rule 1. The threat which causes the fear is of an evil greater than or at least equal to
that which he is required to commit;
Paragraph 1. Imbecility or Insanity 2. It promises an evil of such gravity and imminence that an ordinary man would
Imbecile - has a mental development comparable to that of children between 2 have succumbed to it.
and 7 years old.
Insane - one who acts with complete deprivation of intelligence/reason or without Paragraph 7. Insuperable Cause
the least discernment or with total deprivation of freedom of will. Some motive, which has lawfully, morally, or physically prevented a person to do
what the law command.
Paragraph 2 and 3 Elements:
Under RA 9344 or the Juvenile Justice and Welfare Act, a minor 15 years old 1. An act is required by law to be done.
and below is exempt from criminal liability. 2. A person fails to perform such act.
Such minor must have acted without discernment to be exempt. If with 3. His failure to perform such act was due to some lawful or insuperable cause.
discernment, he is criminally liable.
Absolutory Causes
Discernment Where the act committed is a crime but for some reason of public policy and
Mental capacity to fully appreciate the consequences of the unlawful act which is sentiment, there is no penalty imposed. Exempting and justifying circumstances
shown by the: are absolutory causes.
1. manner the crime was committed;
2. conduct of the offender after its commission. Examples of such other circumstances are:
1. Spontaneous desistance;
Paragraph 4. Accident Without fault or Intention of Causing it. 2. Accessories exempt from criminal liability;
Elements: 3.Death or physical injuries inflicted under exceptional circumstances;
1. A person is performing a lawful act; 4. Person exempt from criminal liability from theft, swindling, malicious
2. with due care; mischief;
3. He causes injury to another by mere accident; 5. Instigation
4. Without fault or intention of causing it.
Art. 13. Mitigating Circumstances
Paragraph 5. Irresistible Force Reduces the penalty of the crime but does not erase criminal liability nor change
Offender uses violence or physical force to compel another person to commit a the nature of the crime.
crime.
Paragraph 1. Incomplete Justifying or Exempting Circumstances Acts which gave rise to Passion or Obfuscation
Applies when not all the requisites are present. Applies if only 2 of the requisites 1. That there be an act, both unlawful and unjust;
are present. 2. The act be sufficient to produce a condition of mind;
3. That the act was proximate to the criminal act not admitting of time during
Paragraph 2. Under 18 or over 70 years old which the perpetrator might recover his normal equanimity;
Age of accused is determined by his age at the date of commission of crime, not 4. The victim must be the one who caused the passion or obfuscation.
date of trial.
Paragraph 7. Surrender and Confession of guilt
Paragraph 3. No intention to Commit so Grave a Wrong Requisites: Voluntary Surrender
Notable and evident disproportion between the means employed to execute the 1. Offender not actually arrested;
criminal act and its consequences 2. Offender surrendered to persons in authority;
Factors that can be considered are: 3. Surrender was voluntary;
1. weapons used; 2. injury inflicted; 3. part of the body injured; 4. mindset of
offender at the time of commission of crime. Requisites: Voluntary Plea of Guilt
1. Offender spontaneously confessed his guilt;
Paragraph 4. Provocation or Threat 2. Confession was made in open court before the competent court that is to try
Any unjust or improper conduct or act of the offended party, capable of exciting, the case;
inciting, or irritating anyone. 3. Confession of guilt was made prior to the presentation of the evidence for the
Requisites: prosecution
1. Provocation must be sufficient;
2. It must originate from the offended party; Paragraph 8. Physical Defect of the Offender
3. Must be immediate to the commission of the crime by the person who is The offender is deaf and dumb, blind or otherwise suffering from some physical
provoked. defect restricting his means of action, defense, or communication with others.

Paragraph 5 Vindication of a Grave Offense Paragraph 9. Illness of the Offender


Requisites: Requisites:
1. A grave offense done to the one committing the felony, his spouse, ascendants, 1. The illness of the offender must diminish the exercise of his will power;
descendants, legitimate, natural, or adopted brothers or sisters or relatives by 2. Such illness should not deprive the offender of consciousness of his acts.
affinity within the same degrees;
2. The felony is committed in immediate vindication of such grave offense. Paragraph 10. Similar and Analogous Circumstances
"Immediate" allows lapse of time as long as the offender is still suffering from Example:
the mental agony brought about by the offense to him. 1. Defendant who is 60 years old with failing eyesight is similar to a case of one
over 70 years old;
Paragraph 6. Passion or Obfuscation 2. Outraged feeling of owner of animal taken for ransom is analogous to
Requisites: vindication of grave offense.
1. Offender acted upon an impulse; 3. The impulse of jealous feeling similar to passion and obfuscation;
2. The impulse must be so powerful that it naturally produced passion or 4. Voluntary restitution of property similar to voluntary surrender.
obfuscation in him.
Aggravating Circumstances Meaning of Provocation in the Aggravating Circumstance of Dwelling:
Serve to have the penalty imposed in its maximum period provided by law for the The provocation must be:
offense or those that change the nature of the crime. 1. Given by the owner of the dwelling
Basis - The greater perversity of the offender manifested in the commission of 2. Sufficient; and
the felony as shown by: 3. Immediate to the commission of the crime.
1. The motivating power itself; 2. The place of the commission; 3. The means and
ways employed; 4. The time; 5. The personal circumstances of the offender or the Par. 4 That the Act be Committed with
offended party a. Abuse of Confidence; or
b. Obvious Ungratefulness
Par. 1 That Advantage be Taken by the Offender of his Public Position
Requisites: Requisites of Abuse of Confidence
1. Offender is public officer; 1. That the offended party had trusted the offender;
2. Public officer must use the influence, prestige or ascendancy which his office 2. That the offender abused such trust by committing a crime against the
gives him as means to realize criminal purpose. offended party;
3. That the abused of confidence facilitated the commission of the crime.
Par. 2 That the Crime be Committed in Contempt of or with Insult to Public
Authorities. Requisites of Obvious Ungratefulness
Requisites: 1. That the offended party had trusted the offender;
1. That the public authority is engaged in the exercise of his functions; 2. That the offender abused such trust by committing a crime against the
2. That he who is thus engaged in the exercise of said functions is not the person offended party;
against whom the crime is committed; 3. That the act be committed with obvious ungratefulness.
3. The offender knows him to be a public authority;
4. His presence has not prevented the offender from committing the criminal act. Par. 6 That the Crime be Committed
1. In the nighttime or
Par. 3 That the Act be Committed 2. In an uninhabited place or
1. With insult or in disregard of the respect due the offended party on account of 3. By a band
his rank, age, sex or;
2. That it be committed in the dwelling of the offended party, if the latter has When Nighttime, Uninhabited place or Band Aggravating
not given provocation. 1. When it facilitated the commission of the crime;
2. When especially sought for by the offender to insure the commission of the
Rules regarding par. 3(1) crime or for the purpose of impunity; or
a. These circumstances shall only be considered as one aggravating 3. When the offender took advantage thereof for the purpose of impunity.
circumstance;
b. Rank, age, and sex may be taken into account only in crime against persons or Par. 7 That the crime be committed on the occasion of a conflagration, shipwreck,
honor, they can not be invoked in crimes against property; earthquake, epidemic or calamity or misfortune.
c. it must be shown that in the commission of the crime, the offender deliberately Requisites:
intended to offend or insult the rank, age and sex of the offended party. 1. That the crime was committed when there was a calamity or misfortune;
2. That offender took advantage of the state of confusion or chaotic condition
from such misfortune.
Par. 8 That the Crime be Committed with the Aid of - Crimes are limited to: 1. serious physical injuries ;2. Less serious physical
a. Armed men;or injuries 3. Robbery; 4. Theft 5. Estafa or swindling; 6. Falsification
b. Persons who insure or afford impunity - There is a time limit of not more than 10 years between every conviction
Requisites: - It is a special aggravating circumstance can not be offset by any mitigating
1. That armed men or persons took part in the commission of the crime directly circumstance
or indirectly. - The circumstance must be alledged in the information, otherwise no additional
2. That the accused availed himself of their aid or relied upon them when the peanlty maybe imposed
crime was committed.
Quasi-Recidivism
Par. 9 That the Rccused is a Recidivist A person convicted by final judgement
Recidivist - one who at the time of his trial for one crime shall have been a. before beginning to serve such sentence;
previously convicted by final judgment of another crime embraced in the same or
title of the RPC. b. while service, the same committed a new felony

Comparison Par. 10
That the offender has been previously punished by an offense to which the law
Reiteracion (Habituality) attaches an equal or greater penalty or for two or more crimes to which it
- After service of sentence attaches a lighter penalty.
-Need not be under the same title ** reiteracion
- Prior crime penalized of equal or greater penalty or 2 or more crimes with Par. 11. That the crime be committed in consideration of a price, reward, or
lighter penalty promise.

Recidivism Par. 12. That the crime be committed by means of inundation, fire, poison,
- Previous conviction by final judgment, while serving or at large explosion, stranding of a vessel or international damage thereto, derailment of a
- Requires that the offenses be included in the same title of the Code locomotive, or by the use of any other artifice involving great waste and ruin.
- No requirement as to penalty imposed in the prior conviction Par. 13. That the act be committed with evident premeditation.
14. That the craft, fraud or disguise be employed.
Comparison
15. That advantage be taken of superior strength, or means be employed to
Recidivism weaken the defense.
- Two or more conviction are enough 16. That the act be committed with treachery (alevosia).
- Crimes not specified; must be embraced under the same title of the RPC There is treachery when the offender commits any of the crimes against the
- There is no prescription between the first conviction and subsequent conviction person, employing means, methods, or forms in the execution thereof which tend
- Generic mitigating circumstance which can be of set by a ordinary mitigation directly and specially to insure its execution, without risk to himself arising from
circumstance the defense which the offended party might make.
- The circumstance need not be alleged in the information 17. That means be employed or circumstances brought about which add
Habitual Delinquency ignominy to the natural effects of the act.
- At least 3 convictions are required 18. That the crime be committed after an unlawful entry.
20. That the crime be committed with the aid of persons under fifteen years of Accessories; Acts.-
age or by means of motor vehicles, motorized watercraft, airships, or other 1. By profiting themselves or assisting the offender to profit by the effects of
similar means. the crime.
21. That the wrong done in the commission of the crime be deliberately 2. By concealing or destroying the body of the crime, or the effects or
augmented by causing other wrong not necessary for its commissions. instruments thereof, in order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principals of the
Art. 15. Alternative Circumstances crime, provided the accessory acts with abuse of his public functions or whenever
Aggravating or mitigating according to the nature and effects of the crime and the author of the crime is guilty of treason, parricide, murder, or an attempt to
the other conditions attending its commission. take the life of the Chief Executive, or is known to be habitually guilty of some
They are the relationship, intoxication and the degree of instruction and other crime.
education of the offender.
Art. 20. Accessories who are exempt from criminal liability
The alternative circumstance of relationship when the offended party in the - Spouses,
spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, - Ascendants,
or relative by affinity in the same degrees of the offender. - Descendants, legitimate, natural, and adopted -- Brothers and Sisters, or
- Relatives by affinity within the same degrees.
Art. 16. Who are Criminally Liable.
The following are criminally liable for grave and less grave felonies: Art. 23 Effect of pardon by the offended party
1. Principals. Gen. Rule: A pardon of the offended party does not extinguish criminal action
2. Accomplices. Exceptions:
3. Accessories. Adultery and Concubinage
The following are criminally liable for light felonies: Seduction, Abduction, Acts of Lascivousness
1. Principals Rape
2. Accomplices.
Effects of Pardon by the President
Art. 17. Principals 1. Pardon do not restore the right to hold public office or the right of suffrage
The following are considered principals: Exception: If above rights are expressly restored by the terms and condition of
1. Those who take a direct part in the execution of the act; the pardon
2. Those who directly force or induce others to commit it; 2. Not exempt culprit from payment of civil liability
3. Those who cooperate in the commission of the offense by another act without
which it would not have been accomplished. Limitations on the Exercise of Pardon
1. Exercised only after conviction
Art. 18. Accomplices 2. Can not extend in cases of impeachment
Accomplices are those persons who, not being included in Art. 17, cooperate in Impeachable Officers: President, Vice-President, Justices of the Supreme Court,
the execution of the offense by previous or simultaneous acts. Members of the Constitutional Commissions, and the Ombudsman

Art. 19. Accessories The of Imposition of Accessory Penalties Inherent in Principal Penalties
Have knowledge of the commission of the crime, without having participated 1. death if not executed because of commutation or pardon
either as principals or accomplices, take part subsequent to its commission - perpetual absolute disqualification
-civil interdiction during 30 years (if not expressly remitted in the pardon) 3) that both or all the offenses must be punished under the same statute
2. Reclusion Perpetua and Reclusion Temporal
- civil interdiction for life or during the sentence Examples of complex crimes:
- perpetual absolute disqualification (unless expressly remitted in the pardon) a) Ramie was a barangay captain who was killed while discharging his duty,
3. Prision Mayor the crime is a complex crime of homicide w/ assault upon a person of authority.
- temporary absolute disqualification b) Alden raped Maine, causing her physical injuries w/c required a months
- perpetual absolute disqualification from suffrage (unless expressly remitted worth of medical attention. This is a complex crime of rape w/ less serious
in the pardon) physical injuries. The injuries were necessary to the commission of the rape.
4. Prision Correctional
- suspension from public office, profession or calling Art 48 applies only to cases where the Code doesnt provide a specific penalty for
- perpetual special disqualification from suffrage if the duration of the a complex crime.
imprisonment exceeds 18 months (unless expressly remitted in the pardon) Art 48 doesnt apply when the law provides one single penalty for single complex
5. Arresto crimes like the ff:
- Suspension of the right to hold office and a) robbery w/ homicide
- Suspension of the right of suffrage during the term of sentence b) robbery w/ rape
c) kidnapping w/ serious physical injuries
Art. 48. Penalty for Complex Crimes. d) rape w/ homicide
When a single act constitutes two or more grave or less grave felonies, or when When a complex crime is charged and one offense is not proven, the accused can
an offense is a necessary means for committing the other, the penalty for the be convicted of the other.
most serious crime shall be imposed, the same to be applied in its maximum
period. Plurality of Crimes
Complex crime one crime only as there is only one criminal intent only one Consists in the successive execution by the same individual of different criminal
information need be filed acts upon any of w/c no conviction has yet been declared.

2 Kinds of Complex Crimes Kinds of Plurality of Crimes


a) Compound Crime single act constitutes 2 or more grave or less grave a) formal or ideal only one criminal liability
felonies b) real or material there are different crimes in law as well as in the
conscience of the offender, in such cases, the offender shall be punished for each
Requisites: and every offense that he committed.
1) that only one single act is committed by the offender Example: Juan stabbed Pedro, then Juan stabbed Tomas too. There are 2
2) that the single act produces committed as 2 acts were performed.
a) 2 or more grave felonies Formal/ideal plural crimes are divided into 3 groups: (a person committing
b) one or more grave and one or more less grave felonies multiple crimes is punished w/ one penalty in the ff. cases)
c) 2 or more less grave felonies a) when the offender commits any of the complex crimes defined in art 48
b) Complex Crime proper when an offense is a necessary means for committing b) when the law specifically fixes a single penalty for 2 or more offenses
another committed: robbery w/ homicide, kidnapping w/ serious physical injuries
Requisites: c) when the offender commits continued crimes
1) that at least 2 offenses are committed
2) that one or some of the offenses must be necessary to commit the other
CONTINUED CRIME 4. Piracy
Refers to a single crime consisting of a series of acts but all arising from one 5. Habitual delinquent
criminal resolution. Although there is a series of acts, there is only one crime 6. Escaped from confinement or evaded sentence
committed, so only one penalty shall be imposed. 7.Granted conditional pardon by the President but violated the terms
8.Maximum term of imprisonment does not exceed 1 year
Examples of Continued Crimes 9.Sentenced to the penalty of destierro or suspension only
a) A collector of a commercial firm misappropriates for his personal use several
amounts collected by him from different persons. There is only one crime because Effects of Violation of Parole
the different and successive appropriations are but the different moments during In cases of violations of the conditions of parole, the parolee shall be rearrested to
which one criminal resolution arises. serve the remaining unexpired portion of the Maximum sentence
b) Nidora stole 2 books belonging to 2 different persons. He commits only one Even if a prisoner has already served the minimum, he shall continue to serve
crime because there is unity of thought in the criminal purpose of the offender. until the end of the Maximum term
A continued crime is not a complex crime as offender does not perform a single
act but a series of acts. Probation
Therefore: After having convicted and sentence, the trial court may suspend the execution
a) penalty should not be imposed in the maximum of sentence and place defendant within the period of perfecting an appeal
b) no actual provision punishing a continued crime its a principle applied in Can be granted whether the sentence imposed a term of imprisonment or fine
connection w/ 2 or more crimes committed w/ a single intention. only
Defendant shall filed application for probation, the application shall be filed with
Transitory crime is Moving Crime. the trial court and the order granting or denying probation shall not be
Example: Kidnapping someone for ransom and moving him to another venue. appealable
The offenders can be prosecuted and tried in either of the 2 areas. Accessory penalties are deemed suspended once probation is granted

Indeterminate Sentence Law Probation shall not be extended to


Sentence with a minimum and maximum term 1. Sentenced to service a maximum term of imprisonment of more than 6 years;
Mandatory where imprisonment exceeds one year 2. Convicted of subversion or any crime against national security or public order;
Applies to violations of RPC and SPL 3. Previously convicted by final judgment of an offense punished by
imprisonment of less than 1 month and 1 day or a fine of not less than 200; and
Penalty imposed by the RPC 4. Once placed on probation.
1. Maximum Term - which could be properly imposed under RPC after
considering the AC & MC Duration of the Probation
2. Medium Term 1. If convict is sentenced to a term of imprisonment of not more than 1 year-
3. Minimum Term- within the range of the penalty under RPC without period of probation shall not exceed 2 years
considering the circumstances. Next lower in degree 2. In all other cases where convict is sentenced to more than 1 year probation
shall not exceed 6 years
ISL Not Applicable 3. If sentence imposes a fine and offender is made to serve subsidiary
1.Sentenced to death penalty imprisonment probation period is 2x the total number of days of subsidiary
2.Treason or conspiracy to commit treason imprisonment
3.Misprision of treason , rebellion, sedition or espionage
Effects of Termination of Probation Partial Extinction of Criminal Liability
1. Case is deemed terminated; 1. Conditional Pardon
2. Restoration of all civil rights lost or suspended 2. Commutation of Sentence
3. Fully discharges liability for any fine imposed 3. For good conduct allowances
4. Parole
TOTAL EXTINCTION OF CRIMINAL LIABILITY 5. Probation
1. By the death of the convict, as to the personal penalties and as to pecuniary
penalties, liability therefor is extinguished only when the death of the offender
occurs before final judgment. -END-
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in Article 344 of this
Code.

Art. 90. Prescription of Crime


It is the forfeiture or loss of the right of the State to prosecute the offender or file
criminal action after the lapse of a certain period of time.
Crimes punishable by death, reclusion perpetua or reclusion temporal shall
prescribe in twenty years.
Crimes punishable by other afflictive penalties shall prescribe in fifteen years.

Those punishable by a correctional penalty shall prescribe in ten years; with the
exception of those punishable by arresto mayor, which shall prescribe in five
years.

The crime of libel or other similar offenses shall prescribe in one year.

The crime of oral defamation and slander by deed shall prescribe in six months.

Light offenses prescribe in two months.

When the penalty fixed by law is a compound one, the highest penalty shall be
made the basis of the application of the rules contained in the first, second and
third paragraphs of this article. (As amended by RA 4661, approved June 19,
1966).