CRIMINAL LAW 1 (JD40104)

Group 3 (Articles 67 - 90)

Reporters:
Mabel Balanza,
Alleine Castro
Bernadette Del Rosario
Roland Maranan
Anjeli Masa,
Angelo Ramos,
Francis Owen Raymundo
Mitos Penaverde
Thalia Talanas

PENALTIES

Article 67 69

ARTICLE 70

When a culprit has to serve two or more penalties, he shall serve them
simultaneous if the nature of the penalties will permit so.
Penalties which can be simultaneously served are:
a) Perpetual absolute disqualification
b) Perpetual special disqualification
c) Temporary absolute disqualification
d) Suspension
e) Public censure
f) Fine and bond to keep peace
g) Civil interdiction
h) Confiscation and payment of costs
Otherwise, the order of their respective severity shall be followed.
The respective severity of the penalties is as follows:
a) Death
b) Reclusion perpetua
c) Reclusion temporal
d) Prision mayor
e) Prision correctional
f) Arresto mayor
g) Arresto menor
h) Destierro
i) Perpetual absolute disqualification
j) Temporal absolute disqualification

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 k) Suspension from public office, the right to vote and be voted for, the right
to follow profession or calling, and
l) Public censure
Example:
Where the convict was sentenced on October 28, 1905, to imprisonment for 6 months for one
offense, and on November 11, 1905, he was sentenced to imprisonment for 4 months and 1
day for another offense, it was held that he should serve the two terms successively and the
time of the second sentence did not commence to run until expiration of the first.

Where the defendant was sentenced to three distinct terms of imprisonment for the separate
offenses of frustrated homicide, trespass, and less serious physical injuries, the three
penalties should be served successively in the order of their severity.

Imprisonment must be served before destierro. Arresto neor is more severe than destierro.

Three Fold rule

Article 72 74

PENALTY suffering that is inflicted by the State for the transgression of a law.
FINE a sum of money which by judgment of competent jurisdiction is required to be
paid for the punishment of an offense.
Degree of a penalty refers to the penalty imposable for a felony committed
considering the stage of execution and the degree of participation of the offender.

ARTICLE 75
Increasing or reducing the penalty of fine by one or more degrees. Whenever it
may be necessary to increase or reduce the penalty of fine by one or more degrees,
it shall be increased or reduced, respectively, for each degree, by one-fourth of the
maximum amount prescribed by law, without however, changing the minimum.
The same rules shall be observed with regard to fines that do not consist of
a fixed amount, but are made proportional.
Fines are graduated into degrees for the accomplices and accessories and for the
principals in frustrated and attempted felonies.

Example of reducing fine by one or two degrees

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 Note: In reducing the penalty of fine by one or more degrees, the basis for the
reduction of first as well as the second degree must necessarily be the penalty
prescribed by law for the consummated felony.

(Art. 26 Correctional 200 to 6,000)

Step 1 - Get the 1/4 of the maximum fine without changing the minimum
- 1/4 of 6,000 is equivalent to 1,500
Step 2 - Reduce the maximum fine of 6,000 by 1,500

1 degree lower = 200 as minimum to 4,500 as maximum

2 degrees lower = 200 as minimum to 3,000 as maximum

Example of Increasing fine by one degree

Step 1 - Get the 1/4 of the maximum fine without changing the minimum
- 1/4 of 6,000 is equivalent to 1,500
Step 2 - Add the maximum fine of 6,000 and 1,500

1 degree higher = 200 as minimum to 7, 500 as maximum

Determination of amount of reduced fine

- A distinction should be made between cases where the minimum of the fine
is fixed by law and those where the minimum of fine is not fixed by law.

When the minimum is not fixed by law

- When only the maximum of fine is fixed, the determination of the amount
to be imposed is left to the sound discretion of the court, without exceeding
the maximum authorized by law. (People v. Quinto, 60 Phil. 351, 357)

Distinctions between fine with a minimum and fine without a minimum

WITH A MINIMUM WITHOUT A MINIMUM

Law fixes the maximum fine Law fixes the maximum fine
When the law fixes the minimum of the When the law does not state the
fine, court cannot change that minimum minimum of the fine but only the

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 maximum, the court can impose any
amount not exceeding such maximum
When the law fixes both minimum and When only the maximum is fixed, it
maximum, the court can impose an cannot impose an amount higher than
amount higher than the maximum the maximum

As to fines that do not consist of a fixed amount, but are made proportional
- Example: when the negligent act resulted in damage to property of another,
the fine shall be from an amount equal to the value of the damage to three
times such value, but shall in no case be less than 25 pesos (Art. 365, par.
3)

- Example: in the crime of direct bribery (Art. 210) involving a bribe of 2,000

Three times the value of the gift will be 6,000 as the maximum fine
6,000 should be the basis for lowering the penalty by two degrees which is
the penalty for attempted bribery.

In this case, the minimum of the fine is 2,000 and the maximum is 6,000

ARTICLE 76
Legal period of duration of divisible penalties. The legal period of duration of
divisible penalties shall be considered as divided into three parts, forming three
periods, the minimum, the medium, and the maximum in the manner shown in the
following table.

Divisible Penalties those which have a fixed duration and are always divisible
into three periods.
Period of a penalty refers to the duration of the penalty, consisting of the maximum,
medium and minimum.

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TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME
INCLUDED IN EACH OF THEIR PERIOD
Time included Time included Time included Time included
Penalties in the penalty in its minimum in its medium in its maximum
in its entirety period period period

Reclusion From 12 years From 12 years From 14 years, 8 From 17 years, 4

temporal. and 1 day to 20 and 1 day to 14 months and 1 day months and 1 day
years. years and 8 to 17 years and 4 to 20 years.
months. months.
Prison mayor, From 6 years and From 6 years and From 8 years and From 10 years
absolute 1 day to 12 years. 1 day to 8 years. 1 day to 10 years. and 1 day to 12
disqualification years.
and special
temporary
disqualification.
Prision From 6 months From 6 months From 2 years, 4 From 4 years, 2
correccional, and 1 day to 6 and 1 day to 2 months and 1 day months and 1 day
suspensin and years. years and 4 to 4 years and 2 to 6 years.
destierro. months. months.
Arresto mayor. From 1 month From 1 to 2 From 2 months From 4 months
and 1 day to 6 months. and 1 day to 4 and 1 day to 6
months. months. months.

Arresto menor. From 1 to 30 From 1 to 10 From 11 to 20 From 21 to 30

days. days. days. days.

Determination of time included in the minimum period of reclusion

temporal

Step 1 - Subtract the minimum (disregarding the 1 day) from the maximum
20 years 12 years = 8 years

Step 2- Divide the difference by 3

8 years 3 = 2 years and 8 months

Step 3- Use the minimum of 12 years and 1 day of reclusion temporal as the
minimum of the minimum period. Then add 2 years and 8 months to
the minimum (disregarding the 1 day) to get the maximum of the
minimum period.

12 years + 2 years and 8 months

=14 years and 8 months (maximum of minimum period)

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 Therefore, the range of the minimum period is 12 years and 1
day to 14 years and 8 months

When penalty is composed of three periods corresponding to different

divisible penalties

Time included Time included Time included

Penalties in its minimum in its medium in its maximum
period period period

Prison mayor, From 6 years and

absolute 1 day to 12 years.
disqualification
and special
temporary
disqualification.
Prision From 2 years, 4 From 4 years, 2
correccional, months and 1 day months and 1 day
suspensin and to 4 years and 2 to 6 years.
destierro. months.

The time included in the prescribed penalty is from 2 years, 4 months and 1 day to 8
years.

Below table shows that the penalty is not divided into three equal parts to form three
periods.
Article 76 provides that divisible penalties shall be considered as divided into three
parts, forming three periods without stating that three parts must be three equal
portions of the time included in the divisible penalties.

Time included in its Time included in its Time included in its

minimum period medium period maximum period

From 2 years, 4 months From 4 years, 2 months From 6 years and 1 day
and 1 day to 4 years and and 1 day to 6 years. to 12 years. (minimum
2 months. (medium of (maximum of Prision of Prison mayor,
Prision correccional, correccional, suspensin absolute
suspensin and and destierro.) disqualification and
destierro.) special temporary
disqualification.)

ARTICLE 77
When the penalty is a complex one composed of three distinct penalties. In cases
in which the law prescribes a penalty composed of three distinct penalties, each

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one shall form a period; the lightest of them shall be the minimum, the next the
medium, and the most severe the maximum period.
Whenever the penalty prescribed does not have one of the forms specially
provided for in this Code, the periods shall be distributed, applying by analogy the
prescribed rules.

What is Complex Penalty?

- It is a penalty prescribed by law composed of three distinct penalties, each
forming a period.

When the law prescribes a penalty composed of three distinct penalties, each one shall
form a period.
Example: Reclusion temporal to death (Art.114-Treason)

Maximum - Death
Medium - Reclusion Perpetua
Minimum - Reclusion Temporal

Application by analogy of the Rules

Examples:
1. Art. 114 par. 3, provides for a penalty of prision mayor to death. The penalty
is composed of four distinct penalties, namely prision mayor, reclusion
temporal, reclusion perpetua and death.

Maximum - Death
Medium - Reclusion Perpetua
Minimum - Reclusion Temporal and Prision mayor

2. Art. 294 par. 2, provides a penalty of reclusion temporal in its medium period
to reclusion perpetua. The penalty is composed of two distinct penalties.

Maximum - Reclusion Perpetua

Medium - Reclusion Temporal in its maximum period
Minimum - Reclusion Temporal in its medium period

INDETERMINATE SENTENCE LAW

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 Concept of Indeterminate Sentence Law
The indeterminate sentence law is all about parole. It is a sentence with a minimum
term and a maximum term which, the court is mandated to impose for the benefit of
a guilty person who is not disqualified and when the maximum imprisonment exceeds
one (1) year. It applies to both violations of Revised Penal Code and special laws.

Purpose
The purposes of this law are the following:
1. Promote the prisoner's reformation by allowing him to serve sentence under a
parole officer
2. Decongest the jails by allowing prisoners to be admitted into parole
3. Allow the government to save money on maintaining the jails
4. Prevent the prisoners' economic usefulness from going to waste.
5. To uplift and redeem valuable human material and prevent unnecessary and
excessive deprivation of personal liberty and economic usefulness (People v.
Ducosin, G.R. No. L-38332, December 14, 1933; People v. Onate, G.R. No.
27481, July 28, 1977)

Applicability
It affects all criminal laws, whether from the Revised Penal Code or not so long as
they don't fall into the instances enumerated by the indeterminate sentence law itself.
Those instances are:
1. Crimes punishable by death or life imprisonment
2. Those convicted of treason, conspiracy or proposal to commit treason
3. Those convicted of misprision of treason, rebellion, sedition or espionage
4. Those convicted of piracy
5. Habitual delinquents (but recidivists can qualify for indeterminate sentence)
6. Those who escaped from confinement or evaded sentence
7. Those who violated the terms of conditional pardon granted to them by the
Chief Executive
8. Those whose maximum term of imprisonment does not exceed one year
9. Those who, upon the approval of the law (December 5, 1933) had been
sentenced by final judgment. (Sec. 2, Art No. 4103)
10. Those sentenced to the penalty of destierro or suspension.

Determining the Maximum and Minimum Penalty

If convicted an indeterminate sentence is imposed by the court, depending on the law
in question. There are 2 possible scenarios:
Revised Penal Code Special Law
Maximum term
fixed in accordance with the rules of the shall not exceed the maximum fixed by the
Revised Penal Code, taking into account the special law
attending circumstances
Minimum term
within the range of penalty next lower to shall not be less than the minimum term
that prescribed by RPC prescribed by the special law

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 Factors to be taken into consideration by the court in fixing the minimum
penalty

1. Considering the criminal as individual:

a. Age
b. General Health and Physical Conditions
c. Mentality, Heredity and Personal Habits
d. His previous conduct, environment and mode of life (and criminal record, if
any)
e. Education
f. Proclivities and aptitudes for usefulness or injury to society
g. His demeanor during trial
h. Manner and circumstances in which the crime was committed
i. Gravity of offense
2. Criminal as a member of society
a. His relationship toward his dependents, family and associates
b. His relationship towards society at large and the State

Release of the Prisoner on Parole

The Board of Pardons and Parole may authorize the release of a prisoner on parole, after he
shall have served the minimum penalty imposed on him, provided that:

1. Such prisoner is fitted by his training for release.

2. There is reasonable probability that he will live and remain at liberty without
violating the law.
3. Such release will not be incompatible with the welfare of society (ISL, Sec. 5).

Entitlement to Final Release and Discharge

If during the period of surveillance such paroled prisoner shall:

1. Show himself to be a law-abiding citizen and,
2. Shall not violate any law, the Board may issue a final certification in his favor, for his
final release and discharge (ISL, Sec. 6).

Sanction for Violation of Conditions of the Parole

When the paroled prisoner shall violate any of the conditions of his parole:
1. The Board may issue an order for his arrest, and thereafter,
2. The prisoner shall serve the remaining unexpired portion of the maximum sentence
for which he was originally committed to prison (ISL, Sec. 8).

Reasons for Fixing the Maximum and Minimum Terms in the Indeterminate
Sentence

The minimum and maximum terms in the ISL must be fixed, because they are the basis
for the following:

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 1. Whenever a prisoner has: (a) served the MINIMUM penalty imposed on him, and (b)
is fit for release of the prisoner on parole, upon terms and conditions prescribed by
the Board
2. But when the paroled prisoner violates any of the conditions of his parole during the
period of surveillance, he may be rearrested to serve the remaining unexpired portion
of the MAXIMUM sentence (ISL, Secs. 5 and 8).
3. Even if a prisoner has already served the MINIMUM, but he is not fitted for release
on the parole, he shall continue to serve until the end of the MAXIMUM term.
4. In fixing the minimum penalty, it is necessary for the court to consider the criminal,
first, as an individual and, second, as a member of society.

Examples of application of Indeterminate Sentence Law

Under Special law:

Example:

Mitos is convicted of illegal possession of firearm punishable by imprisonment from one year
and one day to five years.

The court can impose an indeterminate sentence from 2 years and 1 day, as the minimum
term, to 4 years, as the maximum term; 2 years and 1 day to 3 years; or 3 years and 1 day to
5 years.

MAXIMUM penalty - The maximum penalty should NOT exceed the maximum provided for
by that law. The court can impose maximum penalty of 3 years or 4 years or 5 years. The
maximum term of each of the different examples does not exceed the maximum of 5 years
prescribed by the law.

MINIMUM penalty - The minimum penalty should NOT fall below the minimum provided
by the law.

Under the Revised Penal Code:

Example:

In the crime of homicide, under the Revised Penal Code, the Thalia is sentenced to reclusion
temporal.

The maximum penalty under the Indeterminate Sentence Law is reclusion temporal. But
reclusion temporal is a divisible penalty consisting of maximum, medium and minimum
periods.

No mitigating circumstance and no aggravating circumstance

Maximum Penalty - reclusion temporal in the medium period
Minimum Penalty - prision mayor in any period

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 No mitigating but 1 aggravating circumstance
Maximum Penalty - reclusion temporal in the maximum period
Minimum Penalty - prision mayor in any period

1 mitigating but no aggravating

Maximum penalty - reclusion temporal in the minimum period
Minimum penalty - prision mayor in any period

2 mitigating, NO aggravating (privileged mitigating)

Maximum Penalty - prision mayor in the medium period
Minimum Penalty - prision correctional any period

The preceding example is an exception to the rule. If there is a privileged mitigating

circumstance, we take it into account first in order to obtain the proper maximum penalty.
Then, from that maximum penalty, we obtain the proper minimum penalty by getting the
penalty 1 degree lower. Same rule applies as to the period of the minimum penalty.

Remember: It will never become a privileged mitigating circumstance if there is an

aggravating circumstance present. 8 mitigating and 1 aggravating will never become
privileged mitigating circumstance.

3 mitigating, no aggravating
Maximum Penalty - prision mayor in the minimum period
Minimum Penalty - prision correctional any period

In the preceding example, there are 3 mitigating circumstance present and no aggravating
circumstance. The first two mitigating circumstance shall be a privileged mitigating
circumstance. Thus, the penalty will be reduced by 1 degree from reclusion temporal to
prision mayor. The 3rd mitigating circumstance shall place the penalty in the minimum
period.

4 mitigating, no aggravating
Maximum Penalty - prision correctional in the medium period (2 privileged
circumstance. Thus we lower by 2 degrees)
Minimum Penalty - arresto mayor any period

5 mitigating, no aggravating
Maximum Penalty - prision correctional in the minimum period
Minimum Penalty - arresto mayor any period

At most we can only lower by 2 degrees. Thus, if there are 6 mitigating circumstance
and NO aggravating:
Maximum Penalty - prision correctional in the minimum period
Minimum Penalty - arresto mayor any period

How is Indeterminate Sentence Law applied in complex crimes (Article 48)?

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A complex crime is punished by the most serious offense and shall be imposed in its maximum
period.

Example: Estafa through falsification of public documents.

Under the Revised Penal Code, falsification of public documents (Article 171) is a more
serious offense punished by prision mayor than estafa (Article 315), punished only by prision
correctional.

No mitigating circumstance and no aggravating circumstance

Maximum Penalty - prision mayor in the maximum period

Minimum Penalty - prision correctional in any period

1 mitigating circumstance
Maximum penalty - prision mayor in the maximum period.
In pursuant to Article 48, even if there is a mitigating circumstance present, it
should still be imposed at the maximum period.

2 mitigating and no aggravating circumstance

Maximum penalty - prision mayor in the maximum period
The rule is, if it is a privileged mitigating circumstance, we lower by the
penalty by one degree but still place it at the maximum period. Thus, the
maximum penalty shall be prision correctional in the maximum period.

4 mitigating and no aggravating circumstance

Maximum Penalty - arresto mayor in its maximum period

PROBATION LAW OF 1976

(PD 968, AS AMENDED)

CONCEPT
PROBATION is a disposition under which a defendant after conviction and sentence is
released subject to conditions imposed by the court and to the supervision of a probation
officer.

APPLICATION
This shall apply to all offenders except those entitled to benefits under PD 603 and similar
laws.

RULES ON GRANT OF PROBATION

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1. After having convicted and sentenced a defendant, the trial court MAY SUSPEND the
execution of the sentence, and place the defendant on probation, upon APPLICATION by the
defendant within the period for perfecting an appeal.

2. Probation may be granted whether the sentence imposed a term of imprisonment or fine
only.

3. NO application for probation shall be entertained or granted if the defendant has

PERFECTED AN APPEAL from the judgment of conviction.

4. Filing of application for probation operates as a WAIVER OF THE RIGHT TO APPEAL.

5. The application shall be filed with the trial court, and the order granting or denying
probation shall NOT BE APPEALABLE.

6. Accessory penalties are deemed suspended once probation is granted.

POST-SENTENCE INVESTIGATION
The convict is not immediately placed on probation. There shall be a prior investigation by
the probation officer and a determination by the court.
The court shall consider:

1. All information relative to the character, antecedents, environment, mental, and physical
condition of the offender.

2. Available institutional and community resources.

PROBATION SHALL BE DENIED IF THE COURT FINDS THAT:

1. The offender is in need of correctional treatment that can be provided effectively by his
commitment to an institution.

2. There is undue risk of committing another crime.

3. Probation will depreciate the seriousness of the offense committed.

DISQUALIFIED OFFENDERS

THE BENEFITS OF THE DECREE SHALL NOT BE EXTENDED TO THOSE:

1. Sentenced to serve a maximum term of imprisonment of more the 6 years.
2. Convicted of subversion or any crime against the national security or the public order.
3. Previously convicted by final judgment of an offense punished by imprisonment of not less
than 1 month and 1 day and/or a fine not less than P200.
4. Once placed on probation.

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 CONDITIONS OF PROBATION
2 KINDS OF CONDITIONS IMPOSED:
1. Mandatory or general once violated, the probation is cancelled. They are:
a) Probationer: Presents himself to the probation officer designated to undertake his
supervision, at such place as may be specified in the order, within 72 hours from receipt of
order;
b) He reports to the probation officer at least once a month.
2. Discretionary or special additional conditions listed, which the courts may additionally
impose on the probationer towards his correction and rehabilitation outside prison.
HOWEVER, the enumeration is not inclusive. Probation statutes are liberal in character and
enable the courts to designate practically ANY term it chooses, as long as the probationers
Constitutional rights are not jeopardized. Also, they must not be unduly restrictive of
probationer, and not incompatible with the freedom of conscience of probationer.

PERIOD OF PROBATION

FOR HOW LONG MAY A CONVICT BE PLACED ON PROBATION?

1. If the convict is sentenced to a term of imprisonment of NOT more than one
year, the period of probation shall not exceed 2 years.

2. In all other cases, if he is sentenced to more than one year, said period shall not exceed 6
years.

3. When the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment. The period of probation shall be twice the total number of days of subsidiary
imprisonment.

ARREST OF PROBATIONER AND SUBSEQUENT DISPOSITIONS

1. At any time during probation, the court may issue a warrant for the ARREST of a
probationer for any serious violation of the conditions of probation.

2. If violation is established, the court may (a) REVOKE his probation, or (b) continue his
probation and MODIFY the conditions thereof. This order is not appealable.

3. If revoked, the probationer shall SERVE the sentence originally imposed.

TERMINATION OF PROBATION
The court may order the final discharge of the probationer upon finding that, he has fulfilled
the terms and conditions of his probation.

EFFECTS OF TERMINATION OF PROBATION

1. Case is deemed terminated.
2. Restoration of all civil rights lost or suspended.

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3. Fully discharges liability for any fine imposed.

Note that the probation is NOT coterminous with its period. There must be an order
issued by the court discharging the probationer.

Section One. - General Provisions

ARTICLE 78

When and how a penalty is to be executed. - No penalty shall be executed except by virtue of
a final judgment.

A penalty shall not be executed in any other form than that prescribed by law, nor with any
other circumstances or incidents than those expressly authorized thereby.

In addition to the provisions of the law, the special regulations prescribed for the government
of the institutions in which the penalties are to be suffered shall be observed with regard to
the character of the work to be performed, the time of its performance, and other incidents
connected therewith, the relations of the convicts among themselves and other persons, the
relief which they may receive, and their diet.

The regulations shall make provision for the separation of the sexes in different institutions,
or at least into different departments and also for the correction and reform of the convicts.

PURPOSE: The accused may still appeal within 15 days from its promulgation

ARTICLE 79
Suspension of the execution and service of the penalties in case of insanity. - When a convict
shall become insane or an imbecile after final sentence has been pronounced, the execution
of said sentence shall be suspended only with regard to the personal penalty, the provisions
of the second paragraph of circumstance number 1 of Article 12 being observed in the
corresponding cases.
If at any time the convict shall recover his reason, his sentence shall be executed, unless the
penalty shall have prescribed in accordance with the provisions of this Code.
The respective provisions of this section shall also be observed if the insanity or imbecility
occurs while the convict is serving his sentence.

RULES REGARDING EXECUTION AND SERVICES OF PENALTIES IN CASE OF

INSANITY

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 INSANITY EXECUTION
After final sentence Suspended
Recovers Executed
While serving, Observation of the
convict becomes provision
insane
But the payment of his civil or pecuniary liabilities shall be suspended.

AN ACCUSED PERSON MAY BECOME INSANE:

INSANITY
At the time of the Exempt from criminal
commission of the offense liability
During the trial case The court shall suspend
proceedings and order
his confinement in a
hospital until recovers
his reason
After final judgement or Execution shall be
while serving his suspended
sentence

ARTICLE 80
Suspension of sentence of minor delinquents
CHILD IN CONFLICT WITH LAW

- Child: a person under 18 years of age

- Child in Conflict with Law: a child who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine Laws
- Youthful Offender: a child, minor or youth, including one who is emancipated in
accordance with law, who is over 9 years but below 18 years of age at the time of the
commission of the offense.
MINIMUM AGE OF CRIMINAL LIABILITY

- 15 years of age
- However, the child shall be subjected to an intervention program
- If above 15 y/o but below 18 y/o: exempted from criminal liability and be subjected to
an intervention program, unless he/she has acted with discernment
- Does not include exemption from civil liability

INTERVENTION PROGRAM

- If the child (15 y/o or below) has taken into custody, the authority shall immediately
release the child to his/her parents or guardians or in his/her nearest relative.

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 - Said authority shall give notice to the local social welfare and development officer who
will determine the appropriate programs with the child
- If parents or relatives neglected, child may be released to any of the following:
a. Duly registered nongovernmental or religious organization;
b. Barangay official or a member of the Barangay Council for Protection of Children
(BPC)
c. DSWD

AUTOMATIC SUSPENSION OF SENTENCE UNDER R.A. 9344

- The suspension of sentence shall be applied even if the juvenile is already 18 y/o or
more at the pronouncement of his/her guilt.
- The suspension only lasts until the child in conflict with law reaches the maximum
age of 21 y/o.

COURT PROCEEDINGS

- For purposes of bail, the privilege mitigating circumstance of minority shall be

considered
- When a child is detained, the court shall order:
a. The release of the minor on recognizance to his/her parents and other suitable
persons;
b. The release of child in conflict with the law on bail; or
c. The transfer of the minor to a youth detention home/youth rehabilitation center
- The court shall not order the detention of a child in a jail pending trial or hearing of
his/her case.
- The discharge of the child in conflict with the law shall not affect the civil liability
resulting from the commission of the offense.

REHABILITATION AND REINTEGRATION

- No child shall be received in any rehabilitation or training facility without a valid

order issued by the court after a hearing for the purpose.
- Female children in conflict with law placed in an institution shall be given special
attention as to their personal needs and problems.
- The civil liability for acts committed by a youthful offender shall devolve upon:
a. The offenders father
b. The offenders mother
c. The offenders guardian

LIABILITY OF PARENTS OR GUARDIAN OR ANY PERSON IN THE

COMMISSION OF DELINQUENT ACTS BY THEIR CHILDREN OR WARDS

- Aids, causes, abets or connives with the commission by a child of a delinquency;

- Does any act producing, promoting or contributing to a childs being or becoming a
juvenile delinquent

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SECTION TWO. EXECUTION OF PRINCIPAL PENALTIES

In view of the enactment of R.A. No. 9346, the death penalty may not be imposed.
Thus, ARTICLE 81 TO 85 have no application.
Section 1 of R.A. No. 9346
The imposition of the penalty of death is hereby prohibited. Accordingly, Republic Act No.
Eight Thousand One Hundred Seventy-Seven (R.A. No. 8177), otherwise known as the Act
Designating Death by Lethal Injection is hereby repealed. Republic Act No. Seven Thousand
Six Hundred Fifty-Nine (R.A. No. 7659), otherwise known as the Death Penalty Law, and all
other laws, executive orders and decrees, insofar as they impose the death penalty are hereby
repealed or amended accordingly.

ARTICLE 86
The penalties of
reclusion perpetua;
reclusion temporal;
prision mayor;
prision correccional; and
arresto mayor
shall be executed and served in the places and penal establishments provided by the
Administrative Code in force or which may be provided by law in the future.

ARTICLE 87
Any person sentenced to destierro shall not be permitted to enter the place or places
designated in the sentence, nor within the radius therein specified, which shall be not more
than 250 and not less than 25 kilometers from the place designated.
Example:
A was sentenced to the penalty of destierro, according to which he should not enter the place
within the radius of 25 kilometers from the City Hall of Manila, for a period of two years, four
months and one day.
In this case, A was not completely deprived of his liberty, as he could go freely to whatever
place except within the radius of 25 kilometers from the City Hall of Manila

Destierro is imposed:
When death or serious physical injuries is caused or are inflicted under exceptional
circumstances
When a person fails to give bond for good behavior

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 As a penalty for the concubine in the crime of concubinage
When after lowering the penalty by degrees, destierro is the proper penalty

Entering the prohibition area us evasion of the service of the sentence

ARTICLE 88
The penalty of arresto menor shall be served in the municipal jail, or in the house of the
defendant himself under the surveillance of an officer of the law, when the court so
provides in its decision, taking into consideration the health of the offender and other
reasons which may seem satisfactory to it.

It is not a satisfactory, plausible reason that the accused is a woman of 50 years, respectable
of the community and that her means of subsistence and that of her husband are a retail
store. (People v. Torrano)

But where the accused was sentence to 30 days imprisonment under Act 3992 and he was
suffering from tuberculosis, requiring outside treatment, he was allowed to serve his sentence
in his house. (People v. Dayrit)

TITLE FOUR EXTINCTION OF CRIMINAL LIABILITY

CHAPTER ONE
TOTAL EXTINCTION OF CRIMINAL LIABILITY

ARTICLE 89

How criminal liability is totally extinguished.

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

*Extinction of criminal liability does not automatically extinguish civil liability

Civil liability only extinguished if the convict dies before final judgment

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*Death of convict
1. Before final judgment: criminal and civil liability extinguished
2. After final judgment: ONLY criminal liability is extinguished

Question: What is final judgment?

Answer: Final judgment means judgment beyond recall. As long as a judgment has not
become executory, it cannot be said that defendant is guilty of the felony charged against
him. (People vs Bayotas, Gr. No. 152007, Sept. 2, 1994)

Question: What is the effect of death of the accused pending appeal on his criminal and civil
liability?
Answer: It extinguishes his criminal liability based solely on the offense committed.
Exception: Claim for civil liability survices notwithstanding the death of accused, if the same
may also be predicated on a source of obligation other than delict, such as law, contracts,
quasi-contracts, and quasi-delicts. (People vs Bayotas)
1) Claim for civil liability based on law: in the offense of physical injuries, because Art.
33 of the Civil Code provides civil action for damages on account of physical injuries,
entirely separate from the criminal action
2) Claim for civil liability based on contract: in the offense of estafa, because liability
springs neither solely nor originally from the crime itself but from a civil contract of
purchase and sale

Question: Does the death of the offended party extinguish criminal liability of the offender.
Answer: No, because the offense committed is against the State. (People vs Misola)
Q: Does service of sentence extinguish civil liability?
A: No. (Salgado vs Court of Appeals, Gr. No. 89606, August 30, 1990)

Amnesty: an act of sovereign power granting oblivion or a general pardon for a past offense,
and is rarely, if ever, exercised in favor of a single individual, and is usually exerted in behalf
of certain classes of persons, who are subject to trial but have not yet been convicted
Note: It can also be granted after conviction.

Q: Does amnesty extinguish civil liability?

A: No. (U.S. vs Madlangbayan, 2 Phil. 426, 428-429)

Pardon: an act of grace proceeding from the power entrusted with the execution of the laws
which exempts the individual on whom it is bestowed from the punishment the law inflicts
for the crime he has committed.

Distinction between pardon and amnesty

Pardon Amnesty

It includes any crime and is exercised It is a blanket pardon to classes of persons or

individually. communities who may be guilty of political
offenses.

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It is exercised when the person is already
convicted
It looks forward and relieves the offender from
the consequences of an offense of which he has
been convicted, it abolishes the punishment, it
does not work the restoration of the rights to
hold public office or the right of suffrage,
unless these are expressly restored by the
terms of pardon
It is exercised even before trial or
investigation is had
It looks backward and abolishes the offense
itself; it overlooks the offense with which he is
charged; that the person is released by
amnesty stands before the law precisely as
though he had committed no offense.

*Amnesty and pardon does no extinguish civil liability*

Prescription: The State or People loses the right to prosecute the crime or to demand the
service of the penalty imposed.

1) Prescription of the crime forfeiture of right of the State to prosecute the offender due
to lapse of a certain time
2) Prescription of the penalty forfeiture of right of the Government to execute final
sentence after lapse of a certain time

Two conditions in prescription of penalty

1) That there be final judgment
2) That the period of time prescribed by law for its enforcement has elapsed
By the marriage of the offended woman
Marriage of offender with the offended woman after commission of rape, seduction,
abduction or acts of lasciviousness must be contracted in good faith. Hence, marriage
contracted only to avoid criminal liability is devoid of legal effects. (People vs Santiago, 51
Phil. 68, 70)

ARTICLE 90

Prescription of crimes Crimes punishable by death, reclusion perpetua or reclusion

temporal shall prescribe in twenty years.

Crimes punishable by other affictive 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 offenses 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 No. 4661)

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 In computing the period of prescription, the first day is to be excluded and the last day
included.

For example, the accused committed slight physical injuries on May 28, 1953. An
information was filed on July 27, 1953. This being a slight offense, shall prescribe in two
months. The Court held that it was filed on the 60th day.

A month is computed as the regular 30-day month. However, when the month of
February falls in a leap year, February 28 and 29 shall be counted as separate days in
computing the periods of prescription.

When the last day of the prescriptive period falls on a legal holiday or a Sunday, it
cannot be filed on the next day as the crime has already prescribed.

Prescription of simple slander prescribes in two months; grave slander in six months.

When the penalty prescribed by the Code is arresto mayor and fine, and the fine is
afflictive (P15,000 to P45,000) the fine should be the basis of the application of the rules in
Article 90. (People vs Crisostomo, GR. No. L-16945, August 31, 1962)

Prescriptive periods of offenses under special laws and municipal ordinances (Act No.
3763, amended by Act no. 3326):
Offenses punished by a fine or imprisonment for not more than 1 months shall
prescribe in 1 year
Offenses punished by imprisonment for more than 1 month but less than 2 years
(prescribe after 4 years)
Offenses punished by imprisonment for two years or more but less than 6 years
(prescribe after 8 years)
Offenses punished by imprisonment for 6 years or more (prescribe after 12 years)
Offenses under Internal Revenue Law (after 5 years)
Violations of municipal ordinances (after 2 months)
Violations of the regulations or conditions of certificate of convenience by the Public
Service Commission (after 2 months)
***Act No. 3326, not applicable where special law provides for its own prescriptive period.
(People vs. Ramos, No. L-25265, May 9, 1978)

Prescription is interrupted when proceedings are instituted against the guilty person,
and shall begin to run again if the proceedings are dismissed for reasons not constituting
jeopardy. (Sec. 2, Act No. 3326)

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