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Criminal Law 1

ARTICLE 21- Penalties- No felony shall be punishable by any penalty not 3) Social defense- shown by its inflexible severity to recidivists and habitual
prescribed by law prior to its commission. delinquents.

Penalty – is the suffering that is inflicted by the State for the transgression of a law. Social defense and exemplarity justify the penalty of death. When a person has
proved himself to be a dangerous enemy of society, the latter protect itself from such
Penalties are the punishment imposed by lawful authority upon a person who commits enemy by taking his life in retribution for his offense and as an example and warning
a deliberate or negligent act (Pp. vs. Moran- 44 Phil. 431). to others (Pp. vs. Carillo- 85 Phil. 611).

In its general sense, penalty signifies pain; in its juridical sphere, penalty means Who has the power to impose penalties?
suffering undergone, because of the action of society, by one who commits a crime.
Hence, penalty is imposed only after a conviction in a criminal action. Penalties are prescribed by statutes and are essentially and exclusively legislative.
Judges can only interpret and apply them and have no authority to modify them or
Nature of system of penalties: revise their range as determined exclusively by the legislature ( Pp. vs. Dela Cruz-
1) Rigid- its rigidity lies in the classification of penalties; Dec. 1992).
2) Elastic- its elasticity lies in the range of each class, period or degree. This is further
enlarged by the Law of Indeterminate Sentence. What penalties may be imposed upon an offender? – only those which have been
prescribed by law prior to its commission. Unless there is a law penalizing an act or
Juridical conditions of penalty: omission, that act or omission cannot be penalized, no matter how reprehensible it
1) Must be productive of suffering but the limit is the integrity of human personality; may be. Nullum crimen, nulla poena sine lege.
2) Must be proportionate to the crime in the sense that different penalties are
prescribed for different felonies; ARTICLE 22- RETROACTIVE EFFECT OF PENAL LAWS- Penal laws shall have a
3) Must be personal as it must be imposed only upon the criminal and no other; retroactive effect as long as it is favorable to the accused, who is not a habitual
4) Must be legal as it must be the consequence of a judgment according to law; criminal.
5) Must be certain so that one cannot escape from it;
6) Must be equal in the sense that it applies to all persons regardless of ARTICLE 24- Measures of prevention or safety w/c are not considered penalties
circumstances;
7) Must be correctional. 1) The arrest and temporary detention of accused persons, as well as their detention
Purpose of the State in punishing crimes- for justice, because the State has an by reason of insanity or imbecility, or illness requiring their confinement in a hospital.
existence of its own to maintain, a conscience to assert and moral principles to be 2) The commitment of a minor to any of the institutions mentioned in Art. 80 and for
vindicated. Penal justice rests primarily on the moral rightfulness of the punishment the purpose specified therein (repealed).
imposed. 3) Suspension from the employment or public office during the trial or in order to
institute the proceedings.
Theories justifying penalty: 4) Fines and other corrective measures which, in the exercise of their administrative or
1) Absolute theory – an act of retributive justice, a vindication of absolute right and disciplinary powers, superior officials may impose upon their subordinates.
moral law violated by the criminal. 5) Deprivation of rights and the reparations which the civil law may establish in penal
2) Relative theory- form.
a) Prevention – to prevent or suppress the danger to the state arising from
crimes; Preventive suspension- (Santiago vs. Sandiganbayan- April 2001- is not a penalty, as
b) Self-defense- to protect society from wrong or threat inflicted by the it is not imposed as a result of a judicial procs. It is only intended to remove her from
offender; office temporarily while the case is on-going.
c) Reformation- to correct and reform the offender;
d) Exemplary – to deter others from committing crimes; Deprivation of rights- deprivation of parental authority on statutory grounds.
e) Justice – that crime must be punished by the State as an act of retributive
justice, a vindication of absolute right and moral law violated by the criminal. Preventive measures take place before conviction, while corrective measures are
imposed not in criminal cases. So, a fine imposed by the superior over his subordinate
The penalty under this Code has three-fold purpose: in the exercise of administrative authority is a corrective measure. But a fine imposed
1) Retribution or expiation – penalty is commensurate with the gravity of the offense; upon an offender by the court after conviction is a penalty.
2) Correction or reformation- as shown by the rules which regulates the execution of
the penalties consisting in deprivation of liberty; 3 Scales of pen. in the Code and their significance:
1) Article 25 - classifies the penalties into principal and accessories.

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2) Article 70 - provides for the scale when there are two or more sentences to be Penalties common to the preceeding classes: Fine and Bond To keep Peace
served, including the three-fold rule.
3) Article 71- graduates the penalties into the order of its severity for purposes of Accessory Penalties
applying the rules under Article 61 in rel. to Arts. 50-57 (pen. imposable on principal, 1) Perpetual or Temporary Absolute Disqualification
accomplices, accessories for consummated, frustrated and attempted felonies. 2) Perpetual or Temporary Special Disqualification
3) Suspension from public office, right to vote and be voted upon, profession of calling
Classification of penalties under the RPC (Art. 25) 4) Civil Interdiction
5) Indemnification
A) Principal-that provided by law for a felony and that which is imposed by the court 6) Forfeiture or confiscation of instrument & proceeds of the offense
upon conviction (ex. Prision Mayor for Falsification under Art. 171). 7) Payment of costs
B) Accessory- that deemed included in the imposition of the principal penalty ( in the
conviction of Falsification, the accompanying accessory penalty is perpetual What penalties may either be Principal or Accessories?
disqualification to hold public office). 1) Perpetual or Temporary Absolute Disqualification
2) Perpetual or Temporary Special Disqualification
Classification of principal penalties 3) Suspension ( if this is the penalty provided in the RPC for the offense, then it is a
1) According to their divisibility: principal penalty; if not, it is only an accessory penalty).
a) Indivisible- those which have no fixed duration & no periods- ex. Death,
RP & Public Censure; Article 78- When and how a penalty to be executed-
b) Divisible – with fixed duration and have three periods- min., med. and
max. (ex. Prision Mayor ). No penalty shall be executed except by virtue of a final judgment.

2) According to their gravity: A penalty shall not be executed in any other form than that prescribed by law, nor with
a) Capital- Death any other circumstances or incidents than those expressly authorized thereby.
b) Afflictive- Reclusion Temporal
c) Correctional – Arresto Mayor In addition to the provisions of the law, special regulations prescribed for the
d) Light- Public Censure government of the institutions in which the penalties are to be suffered shall be
3) According to subject matter: observed with regard to the character of the work to be performed, the time of its
a) Deprivation of freedom- RP performance, and other incidents connected therewith, the relations of the convicts
b) Restriction of freedom – Destierro among themselves and other persons, the relief which they may receive, and their
c) Deprivation of rights – suspension diet.
d) Pecuniary – fine
The regulations shall make provision for the separation of sexes in different
Classification of Penalties (based on gravity)-Art. 25 institutions, or at least into different depts. and also for the correction and reform of the
1) Capital – Death convicts.

2) Afflictive – Reclusion Perpetua In the imposition of the penalty, the courts are duty bound to use the legal
Reclusion Temporal terminology, because the different kinds of penalties (reclusion perpetua, reclusion
Perpetual or Temporary temporal, prision mayor, etc. ) have different corresponding legal accessories and
Absolute Disqualification effects ( Pp. vs. Mobe- 81 Phil. 58).
Perpetual or Temporary
Special Disqualification 1) Death Penalty
Prision Mayor Article 47- The death penalty shall be imposed in all cases in which it must be
imposed under existing laws, except when the guilty person is below 18 years of age
3) Correctional- Prision Correccional at the time of the commission of the crime or is more than 70 years of age or when
Arresto Mayor upon appeal or automatic review of the case by the Supreme Court, the required
Suspension majority vote is not obtained for the imposition of the death penalty, in which cases the
Destierro penalty shall be Reclusion Perpetua.

4) Light – Arresto Menor In all cases where the death penalty is imposed by the trial court, the records shall be
Public Censure

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forwarded to the Supreme Court for automatic review and judgment by the court en punishment even if not “cruel”. It was thus seen as an obstacle to experimentation in
banc, within 20 days but not earlier than 15 days after promulgation of the judgment or penology. Consequently, the Committee reported out the present text which prohibits
notice of denial of any motion for new trial or reconsideration. The transcript shall also cruel, degrading or inhuman punishment as more consonant with the meaning desired
be forwarded within 10 days after the filing thereof by the stenographic reporter. and with jurisprudence on the subject (Echegaray vs. Secretary of Justice – October
l998- 100 SCAD).
What is a capital offense- it is an offense, which under the law existing at the time of
its commission and at the time of the application to be admitted to bail, may be Is Death penalty violative of this policy?
punished by death, although a lower penalty than death may be imposed after
conviction (Pp. vs. Marcos- G.R. No. L-47388). No. Now it is a well-settled in jurisprudence that the death penalty per se is not cruel,
degrading or inhuman punishment. In the oft-cited case of Harden vs. Director of
Old law- death penalty is through electrocution. But Section 19 (1) of Article III of the Prisons, this court held that “punishment are cruel when they involve torture or a
l987 Constitution clearly provides that the death penalty shall not be imposed unless lingering death; but the punishment of death is not cruel, within the meaning of that
for compelling reasons involving heinous crimes, the Congress hereafter provides for word as used in the Constitution. It implies something inhuman and barbarous,
it and, if already imposed, shall be reduced to Reclusion Perpetua. something more than the mere extinguishment of life ( supra). Any infliction of pain in
lethal injection is merely incidental in carrying out the execution of the death penalty.
Death penalty, however, was reimposed under Republic Act No. 7659, which took
effect on Dec. 31, l993 (15 days after its publication on Dec. 16, l993- Pp. vs. Godoy – The “ court” which designates the date of execution is the trial court which convicted
Dec. 1995). the accused, that is, after the SC has reviewed the entire records of the case and has
affirmed the judgment of the lower court. The procedure is that the “ judgment is
Article 81( as am by RA 8177)- When and how the death penalty is to be executed- entered fifteen (15) days after its promulgation, and ten (10) days thereafter, the
The death sentence shall be executed with preference to any other penalty and shall records are remanded to the court below including a certified true copy of the
consist in putting the person under sentence to death by lethal injection. The death judgment for execution.
sentence shall be executed under the authority of the Director of the Bureau of
Corrections, endeavoring so far as possible to mitigate the sufferings of the person As to the date of execution, Section 15 of the implementing rules, in conjunction with
under the sentence during the lethal injection as well as during the proceedings prior Sec. 1 of RA 8177, provides that death sentence shall be carried out “not earlier than
to the execution. one (1) year nor later than eighteen (18) months after the judgment has become final
and executory, without prejudice to the exercise by the President of his clemency
The Director of the Bureau of Corrections shall take steps to ensure that the lethal powers at all times”. Hence, the death convict is in effect assured of 18 months from
injection to be administered is sufficient to cause the instantaneous death of the the time the judgment imposing the death penalty has became final and executor
convict. wherein he can seek executive clemency and attend to all his temporal or spiritual
affairs.
Pursuant to this, all personnel involved in the administration of lethal injection shall be
trained prior to the performance of such task. In accordance with Sec. 25 of RA 7659, amending Art. 83 of the RPC, upon finality of
the Decision, the records of the case shall be forwarded to the Office of the President
The authorized physician of the Bureau of Corrections, after thorough examination, for possible exercise of the pardoning powers (Pp. vs. Victor- July 1998, 95 SCAD).
shall officially make a pronouncement of the convict’s death and shall certify thereto in
the records of the Bureau of Corrections. Article 82-Notification & execution of the sentence

The death sentence shall be carried out not earlier than one (1) year nor later than The court shall designate a working day for the execution, but not the hour thereof and
eighteen (18) months after the judgment has become final and executory without such designation shall not be communicated to the offender before sunrise of said
prejudice to the exercise by the President of his executive clemency powers at all day, and the execution shall not take place until after the expiration of at least 8 hours
times. following the notification, but before sunset. During the interval between the
notification and the execution, the culprit shall, insofar as possible, be furnished such
What is the constitutional policy on penalty as a whole? It is that no excessive fines or assistance as he may request in order to be attended in his last moments by priests or
cruel or inhuman punishment is meted. ministers of the religion he professes and to consult lawyers, as well as in order to
make a will and confer with members of his family or person in charge of the
The counterpart of Sec. 19 (1) in the l935 Constitution reads: “Excessive fines shall management of his business, of the administration of his property, or of the care of his
not be imposed, nor cruel and inhuman punishment inflicted.” In the l973 Constitution, descendants.
the phrase became “cruel or unusual punishment”. The Bill of Rights Committee of the
l986 Constitutional Commission read the l973 modification as prohibiting “unusual”

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Article 84- Place of Execution & persons who may witness the same. ARTICLE 34- CIVIL INTERDICTION - Deprives the offender during the time of his
The execution shall take place in the penitentiary or Bilibid in a place closed to the sentence the rights of parental authority, or guardianship, either as to the person or
public view and shall be witnessed only by the priests assisting the offender and by property of any ward, or marital authority, of the right to manage his property and of
his lawyers and by his relatives, not exceeding six, if he so requests, by the physician the right to dispose of such property by any act or any conveyance inter vivos.
and the necessary personnel of the penal establishment, and by such persons as the
Director of Prisons may authorize. Under Art. 38 of the New Civil Code, civil interdiction is one of the restrictions on
capacity to act but does not exempt the offender from certain obligations, as when the
Article 85-Burial latter arise from his act or from property relations.
Unless claimed by his family, the corpse of the culprit shall, upon completion of the
legal proceedings subsequent to the execution, be turned over to the institute of A person civilly interdicted cannot appoint an agent to manage his property, as the act
learning or scientific research first applying for it, for the purpose of study and of the agent is also the act of the principal. By acting, through an agent, the civilly
investigation, provided that such institute shall take charge of the decent burial of the interdicted person is doing indirectly what the law prohibits to be done directly
remains. Otherwise, the Director of Prisons shall order the burial of the body of the
culprit at government expense, granting permission to be present thereat to the But he can prepare his last will and testament, for what the law prohibits is the
members of the family of the culprit and the friends of the latter. In no case shall the disposition of his property inter vivos. The will does not dispose of his property at the
burial of the body of a person sentenced to death be held with pomp (viol. of this prov. time of its making, but at the time of his death, subject to compliance of legal
constitutes Public Disturbance under Art. 153, RPC). requirements under the laws on succession and Rules of Court.

ARTS. 47 & 83 - CASES IN W/C DEATH PEN. BE NOT IMPOSED: On June 24, 2006, however, Congress passed Republic Act No. 9346 prohibiting the
1. If the guilty person is over 70 years. imposition of Death Penalty in the Philippines. So, as of this time, the highest penalty
2. If not affirmed by ten but not less than eight justices of the Supreme Court, the DP that the court can impose upon a convicted person, is only Reclusion Perpetua, even
is lowered to RP; and if the law penalizing the act imposed the death penalty.
3. If the offender is under 18 during the commission of the felony. Minority privileged
mitigating circumstance. ARTICLE 27
4. When the death penalty is by operation of law, death penalty is imposed only in a.) Reclusion Perpetua - 20 years and 1 day to 40 years
heinous crimes and for those where it is expressly prescribed and Qualified Theft is - Before RP has no fixed duration, but when RA 7659 was passed (Sec. 17), said
not a heinous crime. penalty was given the above-stated fixed duration. While this is so, there was no
clear legislative intent to alter its original classification as an indivisible penalty,
Suspension of the execution of death penalty: because if such was the intention, then Art. 63 of the RPC would have lost its reason
1. Upon a pregnant woman or within one year after delivery. But not her and the basis of its existence. If Congress had intended to do so, then it should have
pecuniary liability ( Art. 83); amended Art. 63 and Art. 76 and other provisions of the RPC involving RP, such as
2. When the convict shall become insane or imbecile after final judgment ( Art.79). Art. 41 on the accessory penalties thereof and pars. 2 and 3 of Art. 61, which have
not been touched by a corresponding amendment (Pp. vs. Lucas – Jan. l995- 58
Article 40- Death penalty if implemented, no accessory penalty. But if not executed by SCAD)
reason of commutation pr pardon, it shall carry the accessory penalty of Perpetual
Absolute Disqualification and that of Civil Interdiction during the 30 years following the - It was decided prior to RA 7659, that penalties in the RPC as set out in ARTS. 25,
date of sentence, unless such accessory penalties are expressly remitted in the 70 and 71, RP is the penalty next higher to RT. It follows by necessary implication
pardon. Congress passed Republic Act No. 9346 prohibiting the imposition of Death that the minimum of RP is 20 years and 1 day and with a maximum duration
Penalty in the Philippines. thereafter to last for the rest of the convict’s natural life although pursuant to Art. 70,
it appears that the maximum period for the service of penalties shall not exceed 40
ARTICLE 30- EFFECTS OF PERPETUAL OR TEMPORARY ABSOLUTE years. It would be legally absurd and violative of the scales of penalties in the RPC to
DISQUALIFICATION: reckon the minimum of RP at 30 years since there would be a resultant lacuna
1. Deprivation of the public offices and employments which the offender may have whenever the penalty exceeds the maximum of 20 years of RT but is less than 30
held, even if by election. yeas. Sec. 21 of RA 7659 merely restated the existing jurisprudence.
2. Deprivation of the right to vote in any election for any popular elective office or to be
elected to such office. Art. 63- Rules for the application of indivisible penalties- ex. pen. is single indivisible
3. Disqualification for the offices or public employments and for the exercise of any of penalty – RP- despite presence of mit. or agg. cirs., said penalty has to be imposed.
the rights mentioned.
4. Loss of right to retirement pay or other pension for any office formerly held. Art. 61- Rules of graduating penalties- ex. If the imposable pen.is single and
indivisible, the next pen. lower by one degree is RT. Any person sentenced to 22

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years of RP is not entitled to bail pending appeal- (Sec. 3, Rule 114, Rev. Rules of Article 87: Any person sentenced to Destierro shall not be permitted to enter the place
Court). or places designated in the sentence, nor within the radius therein specified, which
shall not be more than 250 and not less than 25 km from the place designated. If the
Reclusion Perpetua under Article 70 entails imprisonment of at least 30 years. This convict enters the prohibited are, he commits Evasion of Service of Sentence.
does not mean that he will be set free after serving for 30 years. But, he becomes
eligible for pardon or for the application of the three-fold rule. There is no automatic Pp. vs. Jesus – 80 Phil.- if the convict enters the prohibited are, he commits Evasion
review of the penalty of RP. If the accused did not file an appeal, then the decision of Service of Sentence.
becomes final.
e) Arresto Mayor: Article 44: AP- Suspension of the Right to Hold Office and
Article 41- Accessory penalties for Reclusion Perpetua- Civil Interdiction for life or Suffrage.
during the period of the sentence as the case may be, and that of Perpetual Absolute • - 1 month and 1 day to 6 months (div)-
Disqualification which the offender shall suffer even though pardoned as to the • Max. per. – 4 mos. & 1 day to 6 mos.
principal penalty, unless the same shall have been expressly remitted in the pardon. • Med. per. – 2 mos. & 1 day to 4 mos.
• Min. per. - 1 mo. & 1 day to 2 months
b) Reclusion Temporal: AP for RT- .- Civil Interdiction for life or during the period of
the sentence, and that of Perpetual Absolute Disqualification which the offender shall
suffer even tho’ pardoned as to the principal penalty, unless the same shall have been f) Arresto Menor - Same AP with Arresto Mayor (Article 44).
expressly remitted. • - 1 day to 30 days (divisible)
• - 12 years and one (1) day to 20 years (Divisible penalty): • Max. per. – 21 to 30 days
• Maximum – 17 years, 4 mos. & 1 day to 20 years; • Med. per. – 11 to 20 days
• Medium – 14 years, 8 mos. & 1 day to 17 years and 4 mos. • Min. per. - 1 to 10 days
• Minimum – 12 years & 1 day to 14 years and 8 mos. • Accessory penalties are the same with Arresto Mayor (Article 44).

c) Prision Mayor & Temporary Disqualification: AP of Prision Mayor – Article 42-


Temporary Special Disqualification and that of Perpetual Special Disqualification from g) Bond to keep the Peace - (article 35) Effects of the bond to keep the peace : It
the right of suffrage, altho’ pardoned, unless the same shall have been remitted. shall be the duty of any person sentenced to give bond to keep the peace, to present
• - 6 years and 1 day to 12 years-(divisible) two sufficient sureties who shall undertake that such person will not commit the
• Max.period – 10 years & 1 day to 12 years offense sought to be prevented, & that in case such offense be committed, they will
• Medium per.- 8 years & 1 day to 10 years pay the amount determined by the court in its judgment, or otherwise deposit such
• Minimum per. – 6 years & 1 day to 8 years amount in the office of the clerk of the court to guarantee said undertaking.
• (Temporary disqualification – absolute or special)
As to the penalty of disqualification this is the range if imposed as principal penalty, The court shall determine, according to its discretion, the period of duration of the
but if imposed as an accessory penalty its duration shall be that of the principal bond. Should the person sentenced fail to give the bond as required, he shall be
penalty. detained for a period which shall in no case exceed six months, if he shall have been
prosecuted for grave or less grave felony, and shall not exceed thirty days, if for a light
Bernabe vs. Memoracion- August l997-85 SCAD – the judge was wrong when he felony.
described “12 yrs., 5 mos. & 11 days” as medium period of Prision Mayor, because
the med. per. is 8 yrs. & 1 day to 10 yrs. Article 284-Bond for good behavior- A person convicted of Grave Threats under Art.
282 or Light Threats under Art. 283 may, in addition to the penalty prescribed by law,
d) Prision Correccional, Suspension & Destierro: also be required to give bond not to molest the person threatened and the bond “shall
• - 6 months and 1 day to 6 years (divisible) be required to cover such period of time as the court may determine”, and if he fails to
• Max. period – 4 years, 2 mos. & 1 day to 6 years; do so, he shall be sentenced to Destierro. Since Art. 284 is a specific article applicable
• Med. period- 2 years, 4 mos. & 1 day to 4 years, 2 mos.; to Grave or Light Threats only, such will govern in case the bond is not given by the
• Min. period – 6 mos. & 1 day to 2 years, 4 mos. offender and not Article 35 for the latter is an article of general application.

Article 43: AP of Prision Correccional – Suspension from Public Office, Right to Follow h) Public Censure - May Censure be included in the sentence of acquittal?- No.
a Profession or Calling, & Perpetual Special Disqualification from the Right of Because censure is a penalty. If the accused is acquitted, the court has no authority to
Suffrage, if the duration of said imprisonment shall exceed 18 mos. The offender shall censure him, because no matter how light a punishment it may be, is repugnant and is
suffer the disqualification altho’ pardoned as to the principal penalty, unless the same essentially contrary to acquittal. But if the court finds that the acts charged and proved
shall have been remitted in the pardon. are immoral, unethical or reprehensible, but such do not constitute a crime, the court

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may exercise its disapproval of those acts to avoid the impression that by acquitting Ex. Offender is sentenced to 6 years of PC and a P4,000 fine. Divide the number of
the accused the court approves the act or of his conduct. days such fine of P4,000 at the rate of P8.00 per day= 500 days. 1/3 of 6 years is 2
years or equivalent to 730 days. 500 days is lesser than the 1/3 term: 730. BUT! In no
i) Fine- (Art. 26) - This applies if the fine is imposed as a single or alternative penalty. case will it exceed 1 year or 365 days. That would mean that the subsidiary
It does not apply if imposed together with another penalty. imprisonment is 365 days .

1. Afflictive – more than P6,000 3. If the principal penalty is only Fine- the subsidiary imprisonment shall not exceed 6
2. Correctional- not less than P200 but not more than P6,000 mos., if the culprit shall have been prosecuted for grave or less grave felony, and shall
3. Light – less than P200 exceed 15 days, if for a light felony.

Reconciliation between Art. 9 and Art. 26- Under Art. 9, alight felony is defined as an Ex. Penalty is P4,000- divide this by P8.00 = 500 days. Fine of P4,000 is Less Grave,
infraction of law in which the penalty is AMe. or a fine not exceeding P200. Under Art. so the subsidiary impris. shall be limited only to 6 mos. or 180 days.
26, a light fine is less than P200. So, a fine which is exactly 200 is correctional.
4. If the penalty is Fine and Destierro - has a fixed duration – computation is thesame
If the issue is prescription of felony- Art. 9 will prevail over Art. 26. Such offense will as in no. 1.
prescribe within two months. But if the issue is prescription of penalty, Art. 26 will
prevail and as such, will be considered correctional and will prescribe in 10 years 5. Service of subsidiary imprisonment will not relieve the offender of his pecuniary
except AMa, which will prescribe in 5 years ( Arts. 90, 91 and 92). liabilities to pay the fine if his financial position improves after his release. Offender
cannot be made to undergo the subsidiary imprisonment, this is not an accessory
j) Pecuniary Liabilities (Art.38) Order of Payment- in case the property of the penalty.
offender should not be sufficient for the payment of all his pecuniary liabilities, the
same shall be met in the following order: Subsidiary imprisonment- is not imprisonment for debt because the constitutional
1. The reparation of the damage caused; prohibition refers to debts incurred in the fulfillment of contracts.
2. Indemnification of consequential damages;
3. Fine; Distinctions bt. Degree & Period of penalty: Degree refers to the entire penalty
4. Costs of the proceedings. imposable for a felony committed; period refers to the three equal portions- maximum,
Reparation – amount of the damage, taking into consideration the price of the thing, medium and minimum. Significance of the 1 day – differentiates the gravity of a
whenever possible, and its sentimental value to the injured party (Art. 106). degree or period of penalty. Ex. 6 years is PC; but 6 yrs. and 1 day is already PM.

Indemnification of consequential damage – shall include not only those caused the ARTICLE 45 - CONFISCATION & FORFEITURE OF THE PROCEEDS OR
injured party, but also those suffered by his family or by a third person by reason of INSTS.OF THE CRIME - This accessory penalty is included in every penalty imposed
the crime (Art. 107). for the commission of a crime. Confiscation is in favor of the government. Property of
a third person not liable for the offense is not subject to confiscation. Property not
P50,000 – death; unearned earnings subject of lawful commerce though it belongs to a third person shall be destroyed.

k) Costs (Art. 37) - shall include fees and indemnities in the course of the judicial Articles 50 to 57
proceedings, whether they be fixed or unalterable amounts previously determined by C F A
law or regulations in force, or amounts not subject to schedule. If the convict has no Principal - 0 - 1 - 2
property to pay the fine, he shall be a subject to a subsidiary personal liability at the Accomplice- 1 - 2 - 3
rate of 1 day for each P8. Accessory - 2 - 3 - 4

ARTICLE 39 –SUBSIDIARY PENALTY - a penalty that takes the place of a fine for Article 60- The provisions contained in the above articles shall not be applicable to
insolvent convicts. It is neither a principal or accessory penalty, but a substitute cases in which the law expressly prescribes the penalty provided for a frustrated or
penalty for fine only, subject to the following rules: attempted felony, or to be imposed upon accomplices or accessories.
1. If the principal penalty imposed is higher than PC – no subsidiary imprisonment;
2. If the principal penalty imposed is PC or Arresto and Fine- shall remain under Exs. of cases wherein the law punish the Accomplice with a penalty corresponding to
confinement until his fine is satisfied, but his subsidiary imprisonment shall not exceed the Principals:
1/3 of the term of sentence and in no case continue for more than 1 year. 1. Article 346 - Ascendants, guardians, curators, teachers and any person who abuse
of authority or confidential relationship shall cooperate as accomplices in Rape, Acts
of Lasciviousness, Seduction, Corruption of Minors, White Slave Trade or Abduction;

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2. Article 268 - One who furnished the place for the perpetration of the crime of Slight - An accused sentenced to life imprisonment is entitled to deduction (U.S. vs. Ortencio
Illegal Detention. – 38 Phil.941).

Cases in which the law punishes an accessory with a penalty corresponding to that of This also holds true if the penalty is Reclusion Perpetua- because the law does not
a principal or of one degree lower instead of two degrees: make any distinction between temporal or perpetual penalties (Pp. vs. Corpuz- March
1. Article 162- Knowingly using counterfeit seal or forged signature of the l994-49 SCAD). More so, since Reclusion Perpetua now has a fixed period altho’ still
President; indivisible. This does not apply if the sentence does not involve a term of
2. Article 168- Illegal Possession and Use of False Treasury or Bank Notes; imprisonment like fine, as the law says “deprivation of liberty.”
3. Article 172 (par. 3)- Using Falsified Document;
4. Article 173,( par. 2)- Using Falsified Dispatch. - An accused undergoes preventive imprisonment if the offense of which he is
charged is not bailable or if bailable he cannot post bail and he is not entitled to
ARTICLE 28- COMPUTATION OF PENALTIES - Effectivity of penalties: recognizance. The offense is not bailable if it is punished with Reclusion Perpetua to
1. From the day the judgment becomes final – temporary penalties like suspension, if Death and the evidence of guilt is strong.
the offender is in prison;
2. From the day the offender is placed at the disposal of the judicial authorities for the What is the remedy when the person has already served the maximum penalty
enforcement of the penalty- penalty consisting of deprivation of liberty if the offender is imposable?
not in prison; The appropriate remedy of the accused is to file a Petition for Habeas Corpus
3. From the day the defendant commences to serve the sentence – other penalties. considering that the decision in this case is now final.
4. Since a commitment order in case the offender is in prison does not take effect until
after the judgment of conviction becomes final, or fifteen (15) days after its - The accused-appellant Rita Labriaga having served more than the maximum
promulgation, when no appeal is filed- it is only then that the service of sentence is imposable penalty of PC, should be released.
legally commenced;
5. If the accused is in prison at the time the judgment is promulgated, he is deemed to ARTICLE 70- SUCCESSIVE SERVICE OF SENTENCE
have submitted himself for the execution of the said judgment as of the date of When the culprit has two or more penalties, he shall serve them simultaneously if the
promulgation. nature of the penalties will so permit, otherwise the following rules shall be observed:

ARTICLE 29 - PREVENTIVE IMPRISONMENT - Offenders or accused who have In the imposition of the penalties, the order of their respective severity shall be
undergone preventive imprisonment shall be credited in the service of their sentence followed so that they may be executed successively or as nearly as possible, should a
consisting of deprivation of liberty, with the full time during which they have undergone pardon have been granted as to the penalty or penalties first imposed, or should they
preventive imprisonment, if the detention prisoner agrees voluntarily in writing to abide have been served out.
by the same disciplinary rules imposed upon convicted prisoners, except in the
following cases: For the purpose of applying the provisions of the next preceding par. the respective
1. when they are recidivists, or have been convicted previously twice or more of any severity of the penalties shall be determined in accordance with the following scale:
crimes; and Death, Reclusion Perpetua, Reclusion Temporal, Prision Mayor, Prision Correccional,
2. when upon being summoned for the execution of their sentence they have failed to Arresto Mayor, Arresto Menor, Destierrro, Perpetual Absolute Disqualification,
surrender voluntarily. Temporary Absolute Disqualification, Suspension from public office, the right to vote &
be voted for, the right to follow profession or calling, & Public Censure
If the detention prisoner does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall be credited in the service of his sentence Notwithstanding the provisions of the rule next preceding, the maximum period of the
with 4/5ths of the time during which he has undergone preventive imprisonment. convict’s sentence shall not be more than three-fold the length of time corresponding
to the most severe of the penalties upon him. No other penalty to which he may be
Whenever an accused has undergone preventive imprisonment for a period equal or liable shall be inflicted after the sum total of those imposed equals the same maximum
more than the possible maximum imprisonment of the offense charged to which he period. Such maximum period shall in no case exceed forty years. In applying the
may be sentenced and his case is not yet terminated, he shall be released provisions of this rule the duration of perpetual penalties (penal perpetua) shall be
immediately without prejudice to the continuation of the trial thereof or the proceeding computed at thirty years.
on appeal, if the same is under review. In case the maximum penalty to which the
accused may be sentenced is destierro, he shall be released after thirty (30) days of What is the rule when a convict is given multiple sentences?
preventive imprisonment. (Destierro constitutes deprivation of liberty). The general rule is that he shall serve them simultaneously if the nature of the
penalties permit simultaneous service of sentence. Otherwise, the penalties shall be
served successively in the order of severity as prescribed under this article.

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Ex. Destierro and Fine The three-fold maximum penalty does not preclude subsidiary imprisonment. This
Prision Correccional and Perpetual Special Disqualification means to say that after the prisoner has served the highest penalty under the
Suspension From Office and Fine threefold rule, he still has to serve the payment of all indemnities (fine) with or without
subsidiary imprisonment provided the principal penalty does not exceed 6 years. So, if
What are the limitations of the service of sentence? the prisoner after serving the three-fold maximum penalty cannot pay the fine, he still
a. The maximum duration of the convict’s sentence shall not be more than threefold has to serve the subsidiary imprisonment as long as the principal does not exceed 6
the length of time corresponding to the most severe of the penalties imposed upon years.
him. No other penalty to which he may be liable shall be inflicted after the sum total of
those imposed equals the same maximum period (3-fold rule). Should the court refrain from imposing the correct penalties if these would
b. Such maximum period shall in no case exceed forty years. exceed the limitation of the three-fold rule?
NO. It is the duty of the court to impose the penalty for all crimes of which the accused
What is the three-fold rule? was found guilty. This article deals with SERVICE OF SENTENCE and not imposition,
It is the rule that the maximum duration of the sentence should not exceed 3 times the hence this article is for the Director of Prisons to follow and not for the court.
most severe penalty imposed upon the convict and the added limitation that the
maximum period thus computed shall in no case exceed 40 years. The rationale for imposing the correct penalty is that when the convict is pardoned, he
will still serve the other sentences meted upon him.
How is the penalty computed?
Steps: Distinction bt. Imposition of Penalty & Service of Sentence
1. Get the most severe penalty meted as listed under Art. 70; The imposition of penalty is determined by the nature, gravity and number of offenses
2. Multiply the duration of the most severe penalty by 3; charged and proved, whereas, service of sentence is determined by severity and
3. Add the duration of all the different penalties; character of the penalties imposed, in the impossibility or practicability of the service of
4. Compare the results of steps 2 & 3; sentence, since actual service is a contingency, subject to various factors like escape
5. Accused to serve the lesser period unless it is in excess of 40 years in of the convict, grant of executive clemency, or natural death of the prisoner .
which case the accused shall only serve for 40 years.
Exs.1) Case of Paco Larranaga, et al- Multiple Death Penalty- Reasons
Sentence is two Reclusion Perpetua (Range- 20 years and 1 day to 40 years.) The imposition of multiple death penalties, far from being a useless formality, has
(Altho. the highest period is 40, we do not start it with the same, because the last practical importance. The sentencing of an accused to several capital penalties is an
provision of Art. 70 provides: “In applying the provisions of this rule, the duration of indelible badge of his extreme criminal perversity, which may not be accurately
perpetual penalties (pena perpetua) shall be computed at 30 years). projected by the imposition of only one death sentence irrespective of the number of
30 x 3= 90 years capital felonies for which he is liable. Showing thus the reprehensible character of the
Paco, et al will only serve 40 years bec. the law provides that shall in no case that the convict in its real dimensions, the possibility of a grant of executive clemency is
maximum period exceed 40 years. justifiably reduced in no small measure. Hence, the imposition of multiple death
penalties could effectively serve as a deterrent to an improvident grant of pardon or
2) Conviction of four (4) PM- Range- 6 yrs. & 1 day to 12 years. 12 x 3 = 36. Add the commutation. Faced with the utter delinquency of such a convict, the proper
four penalties – (12+12 + 12 + 12)= 48. Compare the two results. 36 years is lower, so penitentiary authorities would exercise judicious restraint in recommending clemency
this will be the penalty that will be serve, as this does not exceed 40 years. or leniency in his behalf.

3) Aspra vs. Director of Prisons- 85 Phil. 737-This applies to equal penalties: Granting, however, that the Chief Executive, in the exercise of his
Conviction – Six (6) Estafas-sentenced to 3 months and 11 days in each case. constitutional power to pardon (one of the presidential prerogatives which is almost
3 x 3= 9 mos. / 11 x 3= 33 days absolute), deems it proper to commute the multiple death penalties to multiple life
= 9 mos. & 33 days or 10 mos. & 3 days imprisonments, then the practical effect is that the convict has to serve the maximum
Add all - ( 3+3+3+3+3+3)= 18 mos. 40 years of multiple life sentences. If only one death penalty is imposed, and then is
- (11+11+11+11+11+11)=66 days commuted to life imprisonment, the convict will have to serve a maximum of only thirty
18 mos. & 66 days or 20 mos. & 6 days years corresponding to a single life sentence”.
Acc. will only serve the period of – 10 mos. & 3 days.
If the multiple penalties are death, how will the rule under Art. 70 be complied?- When
The three-fold rule applies although the penalties were imposed for different times and the sentence is executed, all the death sentences are deemed simultaneously served.
under separate informations (Torres vs. Superintendent -56 Phil. 847)

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ARTICLE 71-GRADUATED SCALES Ex. Intentional Abortion- Art.256 (par. 2)- PM- if the crime is only frustrated- penalty is
-In cases in which the law prescribes a penalty lower or higher by one or more only Prision Correccional.
degrees than another given penalty, the rules prescribed in Article 61 shall be
observed in graduating such penalty. The lower or higher penalty shall be taken from 3) When the penalty prescribed for the crime is composed of one or two indivisible
the graduated scale in which is comprised the given penalty. penalties and the maximum period of another divisible penalty, the penalty next lower
in degree shall be composed of the medium and minimum periods of the proper
The courts, in applying such lower or higher penalty, shall observe the following divisible penalty and the maximum period of that immediately following in said
graduated scales: respective scale;

Scale No. 1 Death, Reclusion Perpetua, Reclusion Temporal, Prision Mayor, Prision - Penalty prescribed consists of ONE or MORE INDIVISIBLE and the MAXIMUM of a
Correccional, Arresto Mayor, Destierro, Arresto Menor, Public Censure, Fine DIVISIBLE PENALTY-next lower in degree consists of medium and minimum period of
proper divisible penalty and the maximum of the divisible penalty immediately
Scale No. 2 Perpetual Absolute Disqualification, Temporary Absolute Disqualification, following: Reclusion Temporal maximum to Death
Suspension from public office, the right to vote and be voted for, and the right to follow
a profession or calling, Public Censure, Fine Ex. convicted of Murder - carries a penalty of Reclusion Temporal Maximum to Death
Period Penalty prescribed One degree lower:
- In Art. 70 the penalty next lower in severity to Arresto Mayor regarding the Maximum Death Maximum Reclusion Temporal Med.
successive service of sentence is Arresto Menor; but in Art. 71, as to graduated Medium Reclusion Perpetua Medium Reclusion Temporal Min.
scales, the penalty next lower in degree to Arresto Mayor is Destierro. Minimum Reclusion Temporal Max. Minimum Prision Mayor Max.
One degree lower – Prision Mayor max. to Reclusion Temporal medium.
Ex. Pp. vs. Cabanban- May 7, l960- Accused was convicted of Simple Seduction
which carries a penalty of Arresto Mayor. As he was under l8 at the time of the 4) When the penalty prescribed for the crime is composed of several periods,
commission of the crime, the penalty imposed was Destierro. corresponding to the different divisible penalties, the penalty next lower in degree shall
be composed of the period immediately following the minimum prescribed and of the
ARTICLE 61- RULES OF GRADUATING PENALTIES two next following, which shall be taken from the penalty prescribed, if possible;
For the purpose of graduating the penalties which, according to the provisions of otherwise from the penalty immediately following in the above-mentioned respective
Articles 50-57, inclusive of this Code, are to be imposed upon persons guilty as graduated scale;
principals or any frustrated or attempted felony, or as accomplices or accessories, the
following rules shall be observed: Ex. Penalty is PM max. to RT medium One degree lower:
Max. - Reclusion Temporal med. Max. - Prision Mayor med.
1) When the penalty prescribed for the felony is SINGLE & INDIVISIBLE, the next Med. - Reclusion Temporal min. Med. - Prision Mayor min.
penalty lower in degree shall be that immediately following such scale prescribed Min. - Prision Mayor max. Min. - Prision Correccional max.
under Art. 71; One degree lower = Prision Correccional in its max. period to Prision Mayor in its
• Single and Indivisible penalties are Death and Reclusion Perpetua. medium period.
• - if the single penalty is Death – one degree lower to this is Reclusion
Perpetua Article 306- Brigandage- Prision Mayor in its medium period to Reclusion Temporal in
• - if the single penalty is Reclusion Perpetua- one degree lower to this is its minimum period.
Reclusion Temporal. Max. - Reclusion Temporal min.
Ex. Art. 267- Kidnapping & Serious Illegal Detention- punishable w/ Death- If the Med. - Prision Mayor max.
accused is only an Accomplice – penalty is Reclusion Perpetua. Min. - Prision Mayor med.
One degree lower:
2) When the penalty prescribed for the crime is composed of TWO INDIVISIBLE Max. - Prision Mayor min.
penalties, or of ONE or MORE DIVISIBLE penalties to be imposed to their full extent, Med. - Prision Correccional max.
the penalty next lower in degree shall be that immediately following the lesser of the Min. - Prision Correccional med.
penalties prescribed in the respective graduated scale; One degree lower – Prision Correccional in its medium period to Prision Mayor in its
minimum period.
a. Two indivisible penalties- Reclusion Perpetua to Death one degree lower would be
RT
b. Divisible penalty imposed in its full extent- Prision Mayor. Penalty lower in degree of 5) Penalty prescribed in a manner not provided in the preceding 4 rules- Court
PM is Prision Correccional proceeds by analogy and shall impose the corresponding penalty:

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a. if the penalty prescribed by law is composed of three periods, the penalty lower in An organized /syndicated crime group means a group of 2 or more persons
degree is the penalty consisting of three periods down the scale; collaborating, confederating or mutually helping one another for purposes of gain in
the commission of any crime (As am. by RA 7659).
b. if the penalty prescribed by law consists of two periods, the penalty next lower in
degree is the penalty consisting of two periods down the scale; 2) The same rule shall apply with respect to any aggravating circumstances inherent
in the crime to such degree that it must of necessity accompany the commission
Ex. Penalty for Abduction - PC in min. and med. One degree lower- thereof.
Prision Correccional med. Arresto Mayor max.
Prision Correccional min. Arresto Mayor med. Ex. Evident premeditation- Art. 14, par. 13- crimes of Robbery w/ Force Upon Things
(Art. 299) and Murder ( Art. 248).
c. if the penalty prescribed by law consists of one period, the penalty next lower in
degree is the next period in the scale: 3) Aggravating or mitigating circumstances which arise from the moral attributes of the
Ex. – the penalty is RT in min. - penalty next lower in degree is Prision Mayor in its offender, or from his private relations with the offended party, or from any other
maximum period personal cause, shall only serve to aggravate or mitigate the liability of the principals,
accomplices and accessories as to whom each circumstances are attendant.
In lowering the penalty by degree, aggravating or mitigating circumstances are not yet
considered, because Art. 61 refers to the penalty prescribed for the felony. After the a) moral attributes of the offender- Passion or obfuscation – If A and B killed C
penalty next lower in degree is determined, aggravating or mitigating circumstances and A acted with passion, such mitigating circumstance will only affect A.
are then considered to determine the proper period of penalty.
In rape- relationship as aggravating circumstance will be appreciated only
This is so, as in arriving at the imposable penalty, the following circumstances will be against the person who is related to the victim.
considered by the Court:
1. Stages of the commission of the crime( C,F, A) In Adultery- abandonment of the wife by the husband mitigates not only the
2. Degree of participation (P, Acco., Acce.) liability of the wife, but also of her paramour because in Adultery, the act is one,
3. Presence of Aggravating or mitigating circumstances; juridically (Pp. vs. Avelino – 40 O.G. 115).
4. Indeterminate Sentence law
5. Probation (if the penalty does not exceed 6 yrs). 4) The circumstances which consist in the material execution of the act, or in the
means employed to accomplish it, shall serve to aggravate or mitigate the liability of
ART. 62- RULES FOR APPLICATION OF PEN. W/ REGARD TO MIT. & AGG. the persons only who had knowledge of them at the time of the execution of the act or
CIRCS. -Effects of the attendance of mitigating and aggravating circumstances and their cooperation therein.
habitual delinquency: a) material execution of the act- ex. If A cooperated with B in the killing of C
1) Aggravating circumstances which in themselves constitute a crime specially who killed the latter with ignominy. Such will aggravate not only the liability of B but
punishable by law or which are included by the law in defining a crime and prescribing also of A, if he has knowledge of it at the time of the execution of the act.
the penalty therefor shall not be taken into account for the purpose of increasing the b) means to accomplish the crime- ex. A induced B to kill C. A left to B the
penalty; means he might employ to execute the act. B killed with treachery. Such agg. circ. will
a) Those which in themselves constitute a crime especially punishable by law. affect B only (Pp. vs. Otero- 51 Phil. 201). But if A was present when B was killed,
Ex. “Explosion” (Art. 14, par. 12)- Art. 324- Crimes involving Destruction (now such aggravating circumstance will also affect him. In a Per Curiam decision, the
amended by PD 1613- Law on Arson); “by means of fire”- crime of Arson. Supreme Court held, that since there was conspiracy, the law should be appreciated
b) Those included by law in defining the crime-”Abuse of confidence” (Art. 14, against the mastermind as a generic aggravating circumstance even when he was not
par. 4)- crimes of Qualified Theft (Art. 310) and Estafa (Art. 315). present when the crime was committed. The Otero case was not held applicable as in
that case the accused was convicted as principal by inducement without proof of
When in the commission of the crime, advantage was taken by the offender of conspiracy with the other accused. In conspiracy, the rule is, every conspirator is
his public position, the penalty to be imposed shall be in its maximum regardless of responsible for the acts of the other accused (Pp.vs.Pareja-30 SCRA- 693).
mitigating circumstances.
5) Effects of Habitual Delinquency
The maximum penalty shall be imposed if the offense was committed by any person Article 63- Rules for the application of indivisible penalties-
who belongs to an organized/syndicated crime group, a person who took advantage of 1) Penalty is single and indivisible-penalty shall be applied regardless of the
his public position. presence of mitigating or aggravating circumstances. Death or Reclusion Perpetua.
2) Penalty is composed of two indivisible penalties- Reclusion Perpetua to Death.

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i) one aggravating cir. present- higher penalty – Death
ii) no mit. nor agg. cir. present- lesser penalty – Reclusion Perpetua Rationale- after serving the minimum term, the prisoner may be released on parole.
iii) one mit. cir. present- lesser penalty – Reclusion Perpetua. Examples: Convicted of Homicide- Accused – principal - crime is consummated
RT – 12y+1d to 20y Prision Mayor- 6 years& 1 day to 12 yrs;
When both agg. and mit. are present, the courts shall reasonably allow Maximum – 17 years, 4 mos. & 1 day to 20 years; Max.- 10 years & 1 day to 12 years
them to offset one another in consideration of their number and importance. Medium – 14 y, 8m+ 1 day to 17 years and 4 mos. Med.- 8 years & 1 day to 10 years
Minimum – 12 years and 1 day to 14 years and 8 mos. Min.- 6 years & 1 day to 8 years
ARTICLE 64 - RULES FOR THE APPLICATION OF DIVISIBLE PENALTIES: Prision Correccional- 6 mos. & 1 day to 6 yrs.
1. No aggravating and no mitigating circumstance-medium period; Max- 4 yrs., 2 mos. & 1 day to 6 yrs.
2. One mitigating- minimum period; Med.- 2 yrs., 4 mos. & 1 day to 4 yrs. 2 mos.
3. One aggravating – maximum period; Min- 6 mos. & 1 day to 2 yrs. & 4 mos.
4. Mitigating and aggravating circumstances are present – offset each other.
5. Two or more mitigating and no aggravating- one degree lower. During the trial, he pleaded guilty – (Plea of guilt is an ordinary mitigating circ.) 12
6. Any number of aggravating circumstances – penalty cannot exceed the years and 1 day to 14 years & 8 mos. Applying the ISL- one degree for the min.
penalty provided by the law in its maximum period. Prision Mayor min. – 6y+1d to 8y.

Cases wherein Article 64 do not apply: Penalty that is single and indivisible; Felonies Pen- 6 yrs. & 1 day of PM in its min. period as its minimum to 14 years & 8 mos. of RT
thru negligence; Penalty is fine; and Penalty is prescribed by special law. in its min. period as its maximum.

ACT 4103- INDETERMINATE SENTENCE LAW (ISL) Probation – is a disposition under which a defendant, after conviction and sentence, is
Purpose is to uplift and redeem valuable human material and prevent unnecessary released subject to the conditions imposed by the court and to the supervision of a
and excessive deprivation of personal liberty and economic usefulness. probation officer ( for those imposed the penalty of 6 years and below).

As a rule, it is intended to favor the accused particularly to shorten his term of ARTICLE 67- INCREASING OR REDUCING THE PEN. OF FINES (slide 687)
imprisonment, depending upon his behavior and his physical, mental, and moral A) If the law prescribes the minimum as well as the maximum- the court cannot
record as a prisoner to be determined by the Board of Pardon and Parole. impose a fine next higher.

Covers crimes punishable under the RPC or SPL: Ex. Fine of P200 to P1,000 (each degree will be equal to ¼ of P1,000 or P250.00.
a) RPC- P250.00 added to P1,000 to determine the next higher in degree without changing the
- Minimum- one degree next lower to the penalty imposed. The term of the minimum of P200 = P 200 to P1,250.
minimum is left to the discretion of the court and this discretion is unqualified. The only Fine next lower in degree = P200 to P750.00
limitation is that it is within the range of the penalty next lower in degree to that
prescribed by the RPC for the offense committed. B) If the law imposing the fine does not fix the minimum, the determination of the fine
- Maximum – the penalty imposed as provided by law. is left to the discretion of the court, provided that it shall not exceed the authorized
maximum- P4,000 ( P200 or P2,000)
b) SPL – maximum term of the indeterminate sentence shall not exceed the maximum
fixed by law and the minimum shall not be less than the minimum prescribed by law. Circumstances to be considered by the court:
Pen. 1 year to 5 years-( 1 year to 3 years or 3 years to 5 years). 1. Mitigating or agg. circs
2. Wealth or means of the culprit
3. Gravity or seriousness of the charge.
ISL will not apply in the following cases: (DCHDEP1FJ) – the SC reduced the P10,000 fine to P2,000 bec. of the presence of mitigating
1. Offenses punished by Death or RP circumstance.
2. Those convicted of Treason , Conspiracy or Proposal To Commit Treason,
Misprision of Treason, Rebellion, Sedition, Espionage, & Piracy. (RESPCTMP) EXTINCTION OF CRIMINAL LIABILITY How is criminal liability extinguished?
3. Habitual Delinquents. Totally or Partially
4. Those who escaped from confinement;
5. Those granted with conditional pardon and who violated the term of the same; ARTICLE 89- TOTAL EXTINCTION OF CRIMINAL LIABILITY
6. Those whose maximum period does not exceed one year. A) DEATH - The criminal and civil liabilities are extinguished if the offender dies
7. Those already serving final judgment upon the approval of this act. before final judgment. This is so, as when death occurs, nobody will serve the penalty
for the crime. “Sentencia firma” should be understood as one which is definite. The

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legal import of the term final judgment is similarly reflected in Articles 72 & 78 of this How about the death of the offended party?-The death of the offended party does not
Code, which mention the term final judgment in the sense that it is already extinguish criminal liability, as it is not included in Art. 89. Neither is it mentioned as
enforceable. Also Sec. 7 of Rule ll6 of the Rules of Court states that a judgment in a one of the grounds for a Motion to Quash under the Rules on Criminal Procedure.
criminal case becomes final after the lapse of the period for perfecting an appeal for
when the sentence has been partially or totally satisfied or served or the defendant B) SERVICE OF SENTENCE - Article 89 of the RPC stipulates that the penalties
has expressly waived in writing the right to appeal. consisting of deprivation of liberty shall be executed and served in the places and
penal establishments provided by the Administrative Code in force or which may be
Judgment becomes final when: provided by law. The Code thus requires that the service of sentence be in a penal
1. No appeal is seasonably perfected; institution. Thus the period during which the accused was at large during his escapes
2. Accused commences to serve the sentence; from the jail cannot be included in the service of his sentences in fixing the date of his
3. Right to appeal is expressly waived in writing, except where death penalty was release (Ibid).
imposed by the trial court; and
4. Accused applies for probation, thereby waiving his right to appeal. C) AMNESTY - is an act of the 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
If death however, occurs after final judgment, the pecuniary liabilities devolve upon the usually exercised in behalf of a certain class of persons, who are subject to trial but
heirs only if some properties are left. have not yet been convicted.

Article 89, par. 1 applies only if the civil liability arises from the criminal liability as its Amnesty extinguishes the criminal liability & not merely the penalty but also its effects.
sole basis (Article 100- “Every person criminally liable for a felony is also civilly liable”). But the civil liability is not extinguished.
However, it cannot apply if the civil liability arises not only from the crime but from
another source like a contract of purchase and sale. Ex. The accused was convicted D) ABSOLUTE PARDON - Two kinds of pardon:
of Estafa for selling a parcel of land twice. Pending appeal, he died. His civil liability
was not extinguished as it arose out of the contract of sale. 1) ARTICLE 36-PARDON BY THE CHIEF EXECUTIVE. Pardon- is an act of grace
proceeding from the power entrusted with the execution of the laws which exempts
Under the Civil Code, the civil liability of the accused remains as this civil liability is the individual on whom it is bestowed from the punishment the law inflicts for the crime
independent of his criminal liability. If the accused dies while his case is pending he has committed. There are 2 kinds of Pardon: Absolute and Conditional
appeal, the motion for recovery of money may not be dismissed; but when he dies
before final judgment by the trial court, the money claim should be presented before a. Absolute Pardon
the probate or intestate court. An absolute pardon extinguishes criminal liability of the offender. But this does not
exempt him from the payment of the civil indemnity. Nor does it restore the right to
The possible civil liability of the deceased accused can be determined in the exercise hold public office or the right of suffrage unless expressly restored by the terms of the
of appellate jurisdiction arising from the alleged criminal acts complained of as if no pardon. A pardon to be effective, must be delivered and accepted. The pardon given
criminal case has been instituted against him and Art. 30 of the Civil Code will apply in by the President upon the woman convicted of Adultery affects her only and cannot
determining his civil liability. This rule was applied in the case where one of the benefit the paramour.
accused-appellants died pending appeal, the case was dismissed as to his criminal
liability, but the appeal was to be resolved concerning him to determine his criminal When may the right to hold public office and to exercise suffrage be considered
liability as the basis of his civil liability for which his estate may be liable. restored altho’ not expressly stated in the pardon? Only in a case when the pardon is
granted after the offender has served the term of imprisonment, because such
Does Art. 30 of the Civil Code authorize the appellate court to continue exercising conviction removes all that is left on the consequence of conviction. This is the
appellate jurisdiction over the accused’s civil liability ex-delicto when his death exception to the provisions of the law, that is, where the facts and circumstances of
supervenes during appeal? No. What Art. 30 recognizes is an alternative and the case clearly show that the purpose of the Chief Executive is precisely to restore
separate civil action which may be brought to demand civil liability from a criminal rights altho’ not expressly stated in the pardon.
offense independently of any criminal action.
Limitations of the pardoning power of the President:
The intendment of Article 100 on civil liability ex-delicto is rooted in the court’s 1. Such power does not extend in cases of impeachment.
pronouncement of the guilt or innocence of the accused. Death dissolves all things 2. The power can only be exercised after conviction.
(“Mors omnia solvi”). 3. In election offenses, it can be exercised only upon prior recommendation of the
COMELEC.
Article 30 refers to the institution of a separate civil action that does not draw its life
from a criminal proceeding.

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What is the effect of an appeal of judgment of conviction on the pardoning power of and the victim to effect an extinguishment of criminal liability. But civil liability is
the President? – An appeal brings the entire case within the exclusive jurisdiction of extinguished by express waiver of the offended party.
the appellate court. A becoming regard for the doctrine of separation of powers
demands that such exclusive authority of the appellate court be fully respected and The criminal action in public crimes is not extinguished. Thus, the criminal liability for
kept unimpaired. Had not the present Constitution adopted the “conviction by final Estafa is not affected by the compromise or novation of contract, for it is a public
judgment” limitation, the President could, at any time and even without the knowledge offense which must be prosecuted and punished by the government in its own motion
of the court, extend executive clemency to anyone whom he in good faith or otherwise even though complete reparation should have been made of the damages suffered by
believes to merit presidential mercy. To allow the President to do so, will be a the offended party.
derogation of the jurisdiction of the appellate court. Reimbursement of, or compromise as to the amount of the crime affects only the civil
liability but does not relieve him from the penalty prescribed by the law for the offense
If an appeal is filed, an appellant may be granted pardon, but he must first withdraw committed.
his appeal, i.e. the appealed conviction must first be brought to finality.
Regarding private crimes, which are mentioned under Art. 344, like Rape, Seduction,
b) Conditional Pardon (Art. 94-par.1) Abduction, Acts of Lasciviousness, Adultery and Concubinage, the criminal action is
This must be accepted to be efficacious because of the conditions imposed which barred if:
must be complied strictly. a. the pardon is made before the institution of the action;
b. in Adultery & Concubinage, the pardon must refer to both offenders,
A Conditional Pardon is in the nature of a contract between the sovereign power or which may either be expressed or implied;
the Chief Executive and the convicted criminal to the effect that the former will release c. in Rape, and other private crimes, the pardon must be expressed;
the latter subject to the condition that if he does not comply with the terms of the d. the marriage between the offender and the offended party totally
pardon, he will be recommitted to prison to serve the unexpired portion of the extinguishes the criminal liability of the offender.
sentence or an additional one. By the pardonee’s consent to the terms stipulated in
the contract, the pardonee has placed himself under the supervision of the Chief In Rape cases, the pardon given by the parents of the minor victim to be effective
Executive or his delegate who is duty-bound to see to it that the pardonee complies must have the concurrence of the minor victim herself.
with the terms and conditions of the pardon. Under Sec. 64 (i) of the Revised
Administrative Code, the Chief Executive is authorized to order “the arrest & re- - Pp. vs. Lacson, Jr-The pardon given by the parents cannot stand alone. This is
incarceration of any such person who, in his judgment, shall fail to comply with the inefficacious. This is not sufficient to remove the criminal responsibility of the offender.
condition/s of his pardon and he can be prosecuted under Art. 159 of the RPC. Rather, this must be accompanied by the express pardon of the victim herself.

May the grant of pardon be subject to the review of the courts? No. It is now a What is the effect of an affidavit of desistance? An affidavit of desistance is merely an
wellentrenched rule in this jurisdiction that this exercise of presidential judgment is additional ground to buttress the accused’s defenses, not the sole consideration that
beyond judicial review. The determination of the violation of the conditional pardon can result to acquittal. There must be other circumstances which, when coupled with
rests exclusively in the sound judgment of the Chief Executive. The pardonee, having the retraction or desistance, create doubts as to the truth of the testimony given by the
consented to place his liberty on conditional pardon upon the judgment of the power witnesses at the trial and accepted by the judge. All that the accused offered as
that has granted it cannot invoke the aid of the courts, however erroneous the findings defenses mainly consisted of denial and alibi which cannot outweigh the positive
may be upon which his recommendation was ordered. identification and convincing testimonies given by the prosecution.

Is a Petition for Writ of Habeas Corpus the remedy for a person incarcerated because Pardon by the Chief Executive distinguished from the pardon by the offended party:
of violation of the terms of the conditional pardon? No. Habeas Corpus lies only when 1. Pardon by the Chief Executive extinguishes criminal liability, whereas that is not the
the restraint of a person’s liberty has been judicially adjudged as illegal or unlawful. case if the pardon is given by the offended party except in case of marriage, as it only
Solely vested in the Chief Executive, who in the first place was the exclusive author of bars the institution of the criminal action;
the conditional pardon and its revocation, is the corollary prerogative to reinstate the 2. Pardon by the Chief Executive is granted after conviction by final judgment,
pardon. whereas pardon given by the offended party is given before the institution of the
action; and
Conditional pardon does not also extinguish civil liability. 3. Pardon by the Chief Executive cannot include the civil liability of the offender,
whereas the civil liability may be expressly waived by the offended party.
2) PARDON BY THE OFFENDED PARTY-(Article 23) Distinction between Amnesty & Absolute Pardon
This does not extinguish criminal liability, except in Art.266-C and Art. 344 of the RPC Amnesty Pardon
(amendment of the Anti-Rape Law) which requires a valid marriage between the rapist 1. Application Gen. to political crimes & Gen. to political crimes &
offenders offenders

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Criminal Law 1
2. Effect obliterates the relieves the offender of penalty but the
effects of conviction as if effects of conviction stay Who is the offended party referred to in Art. 91?- State or the private complainant. The
the act were not criminal law does not make any distinction between a private crime or public crime. In both
3. Congress concurrence required concurrence not required cases then, the discovery may be by the offended party, the authorities or their
4. When given even before conviction after final conviction agents. Besides, under Sec. 12, Rule 110 of the Rules on Criminal Procedure, the
5. To whom given usually to class of persons specific individual offended party is defined as the party to whom the offender is civilly liable.
Furthermore, under Art. 100, it is expressly stated that “every person criminally liable
E) PRESCRIPTION OF CRIME (Article 90) is civilly liable”.
Prescription of crime – It is the forfeiture or loss of the right of the State to prosecute
the offender after the lapse of a certain time fixed by law. The prescriptive is interrupted upon the filing of the case before the Prosecutor’s
Office or that of the Office of the Ombudsman.
Prescriptive periods:
a. Death, Reclusion Perpetua and Reclusion Temporal – 20 years The prescriptive periods for the crimes punished under SPL- basis is Act no. 3326-
b. Afflictive penalties – 15 years Prescription shall begin to run from the day of the commission of the violation of the
c. Correctional penalties – 10 years law and if the same be not known at the time, from the discovery thereof, and the
Arresto Mayor – 5 years institution of judicial proceedings for its investigation and punishment.
d. Libel or other similar offenses – 1 year
e. Oral Defamation & Slander By Deed – 6 mos. Sec. 52 of PD 1529 (Property Registration Decree) – provides for constructive notice.
f. Light offenses – 2 mos. Knowledge is counted at the time of registration. This constructive notice, in view of
g. Compound crime – highest penalty shall be made the basis. registration, does not apply to the registration of the marriage contract in the crime of
bigamy. This is so, as bigamous marriage is really entered in secrecy in order to
ARTICLE 91- COMPUTATION OF PRESCRIPTION OF OFFENSES conceal the legal impediment.
The period of prescription shall commence to run from the day on which the crime is
discovered by the offended party, the authorities or their agents, and shall be Can brief trips abroad qualify as “absence” as contemplated under Art. 91? No. This is
interrupted by the filing of the complaint or information, and shall commence to run not the absence referred to in said article, as these trips were very brief.
again when such proceedings terminate without the accused being convicted or
acquitted, or are unjustifiably stopped for any reason not imputable to him. The term of Example: Slight Physical Injuries-inflicted on July 20, 2009- prescriptive period is 2
prescription shall not run when the offender is absent from the Philippine Archipelago. mos.
a) If committed by a public official in relation to office – no need of going to the Lupong
Prescriptive period is not waivable. Since it is for the benefit of the accused, this Tagapamayapa
cannot be extended. Once prescription sets in, the court loses its jurisdiction. 31 days for July
- 20 60 – 42= 18 days
In computing the period of prescription, the first day is excluded and the last day is 11 - July September 18, 2009- last
included. 31- August day of filing
42 days
February 28 and 29 of a leap year, should be counted as separate days in computing b) If not a public official or a public official and the act is not in relation to office –
the prescriptive period. undergo a conciliation at the Lupong Tagapamayapa. Filing of the complaint at the
barangay will toll the running of the prescriptive period but only for 60 days and
When the last day to file an Information falls on Sunday or legal holiday, the period of thereafter, the prescriptive period will again run.
prescription cannot be extended to the next working day. So, this should be filed on
the last working day before the legal holiday. F) ART. 92 PRESCRIPTION OF PENALTY - It is the loss or forfeiture of the right of
the government to execute the final sentence after the lapse of a certain time fixed by
What is the effect of the delay in the reporting of crimes in its prosecution?- None. The law.
law on prescription would be meaningless if we were to yield to the proposition that
delay in the prosecution of crimes would be fatal to the State and the offended party. Prescriptive periods of penalties:
In fixing the different prescriptive periods on the basis of the gravity of the penalty 1) Death & Reclusion Perpetua- 20 years
prescribed therefor, the law takes into account or allows reasonable delays in the 2) Other afflictive penalties- 15 years
prosecution thereof. In one case, the court ruled that 17 days, 35 days or even 6 mos. 3) Correctional penalties – 10 years, EXC Arresto Mayor – 5 years
delay by a rape victim in reporting the attack on her honor does not detract from the 4) Light penalties – 1 year
veracity of her charge.

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Criminal Law 1
ART. 93 - COMPUTATION OF PRESCRIPTION OF PENALTY - Period commences a proclamation announcing the passing away of the calamity or catastrophe referred
to run from the date the culprit evades the service of sentence. It is interrupted: to in said articles.
a) if the defendant surrenders; When is the special time allowance given?
b) if he is captured; 1. The occurrence of disorder resulting from a conflagration, earthquake, explosion or
c) if he should go to foreign country w/ w/c the Philippines has no extradition treaty; similar catastrophe or a mutiny in which the prisoner did not participate;
d) if he should commit another crime before the expiration of the period of 2. The convict must evade the service of his sentence. This art. Doesn’t apply to the
prescription. prisoners who didn’t escape;
3. He must give himself up within 48 hours after the issuance of a proclamation by the
Evasion of sentence is an essential element of prescription of penalties and takes Chief Executive announcing the passing away of such calamity.
place before the running of the period and cannot interrupt it.
Loyalty award- 1/5 deduction of the period of his sentence. If he does not return,
ARTICLE 94 - PARTIAL EXTINCTION OF CRIMINAL LIABILITY additional 1/5 of the term remaining to be served will be imposed, but not to exceed 6
1) Conditional pardon months.
2) Commutation of the sentence
3) Good conduct allowance which the culprit may earn while he is serving his ARTICLE 48-COMPLEX CRIMES - although two or more crimes are actually
sentence. committed, they constitute only one crime in the eyes of the law as well as in the
4) Parole (Under ISL) conscience of the offender. The offender has only one criminal intent. Even in the
5) Probation case where an offense is a necessary means to commit the other, the evil intent of the
6) Partial repeal of penal law offender is only one. It is on this basis that the law imposed only one penalty.
ARTICLE 96 - COMMUTATION OF SENTENCE - It is the change in the sentence of Two kinds of complex crimes
the court made by the President which consists in reducing the penalty imposed upon 1) Compound (Delito Compuesto)- when a single act constitutes two or more grave or
the offender . Such substitutes the original penalty. less grave felonies;
2) Complex Crime Proper ( Delito Complejo)- when an offense is a necessary means
The commutation of the original sentence for another of a different length and nature of committing another crime.
shall have the legal effect of substituting the latter in the place of the former.
1) Compound Crimes- single act results to:
ARTICLE 97 - ALLOWANCE FOR GOOD CONDUCT - The good conduct of a
prisoner in any penal institution shall entitle him to the following deductions from the A. Two or more grave felonies
period of his sentence: ex. - single act of throwing a hand grenade resulted to the death of Simeon Varela
1) First two years – 5 days for each month of good behavior (Murder) and attempts on the lives of many others (Multiple Attempted Murders) -
2) Third to fifth year -8 days for each mo. Murder is a grave felony, same with Attempted Murders.
3) Following years to the 10th year- 10 days each mo. - One single shot w/c resulted to the death of two persons – Double Homicide. Both
4) Eleventh year and successive years – 15 days for each mo. Homicides are grave felonies.
- When a person planted a bomb in the airplane, resulting to its explosion and death of
The allowance is given in consideration of the good conduct of the prisoner while several people – multiple murders and damage to property ;
serving his sentence. These allowances are granted by the Director of Prisons and - Where a paper bag was given by the accused to the occupant of the house
once given, these cannot be revoked (ARTICLE 99). containing some vegetables but when opened, it exploded resulting to the death of
several persons and injuring another – complex crime of Multiple Murder with
This right can be enjoyed even though the prisoner has been sentenced to several Frustrated Murder.
penalties and the same have been cut down by Article 70 to three times the most - Single act of firing shot resulting to the death of one & mortally injuring the other -
severe of the penalties. Murder w/Frustrated Murder.

This does not embrace detention prisoners. Detention prisoners are entitled only to However, if the accused fired several bullets in succession from a submachine gun
preventive imprisonment, if he agreed in writing to abide by the rules of the jail. with a single pull of the trigger, killing several persons, the same is not covered under
this rule, because this is not considered one act. The continued pressing of the trigger
ARTICLE 98 - SPECIAL TIME ALLOWANCE FOR LOYALTY - A deduction of of the gun is not considered one act. This is not a complex crime.
onefifth of the period of his sentence shall be granted to any prisoner who, having
evaded the service of his sentence under the circumstances mentioned in Art. 158 of B. Less grave and grave:
this Code, gives himself up to the authorities within 48 hours following the issuance of When a mayor while in the performance of his duties was ambushed and
killed, Direct Assault with Murder.

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Criminal Law 1
C. Less grave and less grave: Ex.– she changed the amount in the check from P2,000 to P20,000 and as a result of
A Judge was being attacked in relation to the performance of his function which, she was able to misappropriate P18,000, public funds – Malversation of Public
resulting to less serious physical injuries – crime is Direct Assault with Less Serious Funds Through Falsification of Commercial Document;
Physical Injuries. - made it appear in the payroll that a particular person worked in the Clean and Green
Project and received P1,600 when in truth and in fact said person is already dead. –
There is no complex crime of Rape with Homicide – in view of the new law-RA 8353. Malversation of Public Funds Through Falsification of a Public/Official Document.
Same with Arson with Homicide – because of RA 1613.
But if the other crime is used to conceal the other crime, then this is not a complex
But when a single act results in a) grave felony and a light felony; or b) grave or less crime proper, but two crimes.
grave and an offense punished under Special Law, there is no complex crime.
There is no complex crime of Rebellion with common crimes. In these two situations-
Ex. Accused act of stabbing one person killing him and at the same time hitting the penalty that will be imposed is the penalty of the crimes which is higher and to be
another resulting only to slight injuries – no complex crime but two crimes of Homicide applied in the maximum.
and Slight Physical Injuries.
Plurality of Crimes - consists in the successive execution by the same individual of
– While driving his car, accused bumped another car resulting to a damage of only different criminal acts upon any of which no conviction has yet been declared.
P2,000 and at the same time injuring its driver with only slight injuries- no complex
crime but two crimes of Reckless Imprudence Resulting to Damage to Property (Less Continued, continuous or continuing crime- is a single crime consisting of a series of
Grave felony) and Reckless Imprudence Resulting to Slight Physical Injuries – Light act arising from one criminal resolution and is therefore not a complex crime. The
Offense. reason here is that neither the criminal act nor the intention is susceptible of division.

Another reason why there is no complex crime of grave felony and light, its because A) Exs.of Continued Crimes:
the latter is usually absorbed. - Taking by the accused from the yard of a house two roosters belonging to two
different owners- is one Theft only because the two acts of taking arose from one
- Lawas ordered the Moros to be tied in order to be brought to another place. When criminal resolution.
one of the guards approached Datu Lomangcolob, the latter refused, thereupon, - Taking of 6 roosters from a chicken coop considered single offense.
Lawas fired his revolver at him and ordered the guards to fire; the guards following - accused run amok and killed several persons, only one crime of Murder.
instructions fired at the Moros including those who tried to escape. After a short time, - there was only one crime committed, thus the 32 Informations filed should be
Lawas ordered his men to “cease fire” and the firing stopped. The evidence positively changed into one, as this falls under the so-called “Delito Continuado” or Continued
shows that the killing was of a single impulse, which was induced by the order of the Crime or Continuous Crime. The original information charged her of approving the
leader to fire. application for legalization of several aliens not qualified under the law. This was
committed more or less on October 17, 1988.So the approval could be done by a
The Supreme Court held that “ if the act or acts complained of resulted from a single single stroke of the pen.
criminal impulse, it constitutes a single offense.”
B. Transitory crime - is also called a “moving crime”- where the elements of the
The ruling in the Lawas case applies only when there is no evidence at all to show the crimes happened in different places, hence the criminal action can be instituted in the
number of persons killed by each of the several defendants. places where any of the elements happened.

Under recent rulings, the “single criminal impulse”, “same motive” or the “single - Kidnapping and Serious Illegal Detention – if kidnapped in Cebu and detained
purpose theory” has no legal basis, for Art. 48 speaks of a “single act”. However, the Mandaue – this can be filed in any of these places.
theory is acceptable when it is not certain who among the accused killed or injured - BP 22- Check was issued in Makati City, but delivered in Cebu City in payment of the
each of the victims. goods obtained – can be filed either in the place of the issuance of the check or the
place where it was used or delivered.
2) Complex Crime Proper - When an offense is committed as a means necessary to
commit another. The phrase “necessary means” has been interpreted not to mean C. Continuing Crime - Ex- offense which is continuing at time – Rebellion. Squatting
“indispensable means” because if it did, then the offense as a necessary means to is a continuous crime.
commit another would be an element of the other crime. It simply means such an
offense is committed to facilitate and insure the commission of the other. D. Special Complex Crimes – Robbery with Homicide – has a penalty of its own
under Art. 294.

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