Académique Documents
Professionnel Documents
Culture Documents
a. Generality --- Art. 14. Civil Code: Penal laws and those of
public security and safety shall be obligatory upon all who live or
sojourn in the Philippine territory, subject to the principles of public
international law and to treaty stipulations.
b. Territoriality --- Rule 110, Sect. 15 [a] [b] [c] [d] Dec 1, 2000
Rules of Criminal Procedure, infra. See Art. 2 RPC
GENERALITY:
EN BANC
G.R. No. L-44896 July 31, 1936
Article 3
Immunity from Legal Process
The Institute shall enjoy immunity from any penal,
civil and administrative proceedings, except insofar as
that immunity has been expressly waived by the
Director-General of the Institute or his authorized
representatives.
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Sec. 6.Any person who assaults, strikes, wounds,
imprisons or in any other manner offers violence to the
person of an ambassador or a public minister, in
violation of the law of nations, shall be imprisoned not
more than three years, and fined not exceeding two
hundred pesos, in the discretion of the court, in
addition to the penalties that may be imposed under
the Revised Penal Code.
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TERRITORIALITY:
EN BANC
Page 6 of 161
vs.
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But to smoke opium within our territorial
limits, even though aboard a foreign merchant
ship, is certainly a breach of the public order here
established, because it causes such drug to produce
its pernicious effects within our territory. It seriously
contravenes the purpose that our Legislature has in
mind in enacting the aforesaid repressive statute.
IRRETROSPECTIVITY OR PROSPECTIVITY:
EN BANC
G.R. No. L-9621 January 30, 1957
ANG BENG, ET AL., petitioners-appellants,
vs.
THE COMMISSIONER OF IMMIGRATION, respondent-appellee.
EN BANC
G.R. No. L-41423 March 19, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee,
vs.
CRISANTO TAMAYO, defendant-appellant.
Preliminary Title
Art. 1. Time when Act takes effect. — This Code shall take
effect on the first day of January, nineteen hundred and thirty-two.
Page 14 of 161
atmosphere, internal waters, and maritime zone [12 nautical miles from
the baseline].
ANNOTATIONS
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b. Dolo and Culpa are just the modality by which a felony is
committed. So that in a case of reckless imprudence resulting in
homicide, what is being punished is not the reckless imprudence, but
the commission of the homicide.
c. But a person accused of willful falsification of public document
may be convicted of reckless imprudence resulting in falsification of
such document. The latter being a lesser crime and necessarily
included in the former.
CASES:
ANNOTATIONS
First Paragraph
Page 20 of 161
warrant a conviction of homicide (Williams vs. U.S., 20
Fed. 2nd 269, 40 C.J.S. 854, note 90).
c. The felony must be the direct and proximate cause of the injury
inflicted by the offender upon the victim.
e. There is a likelihood that the wound was but the remote cause
and its subsequent infection, for failure to take necessary
precautions, with tetanus may have been the proximate cause
of Javier's death with which the petitioner had nothing to do. As
we ruled in Manila Electric Co. v. Remoquillo, et al., 18 May
1956 EN BANC (99 Phil. 118).
"A prior and REMOTE CAUSE cannot be made the basis
of an action if such remote cause did nothing more than furnish
Page 21 of 161
the condition or give rise to the occasion by which the injury
was made possible, if there intervened between such prior or
remote cause and the injury a distinct, successive, unrelated,
and efficient cause of the injury, even though such injury would
not have happened but for such condition or occasion. If no
danger existed in the condition except because of the
independent cause, such condition was not the proximate
cause. And if an independent negligent act or defective
condition sets into operation the instances which result in injury
because of the prior defective condition, such subsequent act
or condition is the proximate cause." (45 C.J. pp. 931-932). (at
p. 125) [FILOMENO URBANO vs. INTERMEDIATE
APPELLATE COURT, ET AL., supra]
Second Paragraph
Impossible Crime
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Felonies against property are: Robbery; Brigandage; theft;
usurpation; culpable insolvency; swindling and other deceits;
violation of chattel mortgage; arson and other crimes involving
destruction; and malicious mischief.
ANNOTATIONS
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b. Direct overt act --- an outward act done in pursuance and
manifestation of a criminal intent or design [Pp v. Go kay, 19 Dec.
1957]. The overt acts must have an immediate and necessary relation
to the offense intended [I Viada 47].
Page 24 of 161
j. Even if the victim was wounded, but the injury was not fatal and
could not cause his death --- attempted stage only. [PADDAYUMAN v.
Pp. 23 Jan. 2002; Pp v. COSTALES, 15 Jan. 2002] N.B. ---These
cases effectively overturned Borinaga, Dec. 18, 1930 [State of mind]
k. Since the victim was shot on the knee, which was not fatal,
attempted murder was committed and not frustrated murder. [Pp v.
PILONES, 21 July 1978]
m. The case of U.S. v. Valdez, 39 Phil., 250, Dec. 10, 1918 where
it was stated that the crime committed was frustrated arson was later
on overturned by People v. Fernandez, 54 Phil., 122.
Page 26 of 161
Art. 8. Conspiracy and proposal to commit felony. —
Conspiracy and proposal to commit felony are punishable only in the
cases in which the law specially provides a penalty therefor.
A conspiracy exists when two or more persons come to an
agreement concerning the commission of a felony and decide to
commit it.
There is proposal when the person who has decided to commit a
felony proposes its execution to some other person or persons.
ANNOTATIONS
ANNOTATIONS
a.2. Aside from the right to life on which rests the legitimate
defense of our own person, we have the right to property acquired by
us, and the right to honor, which is not the least prized of our patrimony
(1 Viada, Código Penal, 5th ed., pp. 172, 173) [Quoted in Pp v.
Jaurigue, 21 Feb. 1946]
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pursuant to Art. 429 of the Civil Code of the Philippines. [Pp v.
Narvaez, 20 April 1983, GRN L-33466:]
However, attention is drawn to the Due Process Clause of the
Constitution, viz: “Article III, Section 1. No person shall be deprived of
life, liberty, or property without due process of law, xxx.” This is not an
empty and hollow sequencing. The import of such statement is that in
the event of conflict among said rights, the right to life reigns supreme,
next is the right to liberty, and least among them is the right to property.
That is, in the hierarchy of rights, the right to life occupies the highest
echelon. Therefore, it is strongly suggested that in the justifying
circumstance of defense of property, extra care must be taken in the
determination of the “reasonableness of the means employed to repel
the unlawful aggression.”
Page 29 of 161
HELD: The law does not require, and it would be too much to ask
of the ordinary man, that when he is defending himself from a deadly
assault, in the heat of an encounter at close quarters, he should so
mete out his blows that upon a calm and deliberate review of the
incident, it will not appear that he exceeded the precise limits of
what was absolutely necessary to put his antagonist hors de combat
[disabled; out of combat]; or that he struck one blow more than was
absolutely necessary to save his own life; or that he failed to hold his
hand so as to avoid inflicting a fatal-wound where a less severe stroke
might have served his purpose. Of course, the victim of an unlawful
aggression may not lawfully exceed the bounds of rational necessity in
repelling the assault.
But the measure of rational necessity in cases of this kind is
to be found in the situation as it appears to the victim of the
assault at the time when the blow is struck; and the courts should
not and will not, in the light of after events or fuller knowledge,
hold the victims of such deadly assaults at close quarters, to so
strict a degree of accountability that they will hesitate to put forth
their utmost effort in their own defense when that seems to them
to be reasonably necessary.
"The reasonableness of the means employed to prevent an
aggression depends upon the nature and quality of the weapon
used by the aggressor, his physical condition, his size, his
character and the surrounding circumstances vis-à-vis those of
the person defending himself. It is also well settled that in
emergencies, which imperil the life and limb of a person, human
nature acts not upon processes of formal reason but in obedience
to the imperious [urgent] dictates of the instinct of self-
preservation.
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That the gauge of rational necessity of the means employed to
repel the aggression as against one's self or in defense of a relative is
to be found in the situation as it appears to the person repelling the
aggression. The reasonableness of the means adopted is not one of
mathematical calculation or "material commensurability between the
means of attack and defense" but the imminent danger against the
subject of the attack as perceived by the defender and the instinct
more than reason that moves the defender to repel the attack. It has
further been stressed in such cases that to the imminent threat of the
moment, one could not be hoped to exercise such calm judgment as
may be expected of another not laboring under any urgency and who
has sufficient time to appraise the urgency of the situation. [Eslabon v.
Pp, Feb. 24, 1984, 127 SCRA 783]
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e. There is no unlawful aggression when the peril to one’s life,
limb, or right is not either ACTUAL or IMMINENT. Thus, there must be
actual physical force [material attack] or a threat to inflict real injury. In
case of a threat, it must be offensive and positively strong so as to
display a real, not imagined, intent to cause an injury. [Pp v. Basadre,
Feb. 22, 2001]
f. Even if appellant believed that the deceased did try to kill him
when he saw him raise his bolo, such aggression ceased when
appellant succeeded in grabbing the bolo. When an unlawful
aggression, which has begun, no longer exists, one making a defense
has no right to kill or even injure the former aggressor. [Pp v. Bautista,
27 Feb. 2004]
SUFFICIENT PROVOCATION
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words. Hence, this mitigating circumstance should be considered in
favor of petitioner Navarro.
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CASE: United States vs. Esmedia, October 21, 1910. --- Any
person, who, in defending his father against an unlawful attack,
while he still honestly believes him to be in great danger,
causes the death of the attacking party, is exempt from criminal
responsibility.
a. The rule then is that what one may do in his own defense,
another may do for him. In other words, persons acting in defense
of others are in the same condition and upon the same plane as
those who act in defense of themselves. [U. S. v. Aviado, GRN
13397, April 1, 1918.]
N.B. --- [a] There is civil liability here, but the same shall be
borne by those who benefited from the act.
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[a] REQUISITES ---(A) that the offender acted in the
performance of a duty or in the lawful exercise of a right or office;
and (b) that the injury or offense committed be the necessary
consequence of the due performance of such duty or the lawful
exercise of such right or office. [[Pp v. Pajenado, et al., 30 Jan.
1976]
CASES
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Pp v. Margen, et al., March 30, 1950
N.B. --- The term “youthful offender” is no longer used. In its stead
is the term “Child in conflict with the law.”
The term DISCERNMENT means the capacity to distinguish
right from wrong and to perceive or recognize the consequences
of his act.
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4. [PURE ACCIDENT] Any person who, while performing a
lawful act with due care, causes an injury by mere accident
without fault or intention of causing it.
ANNOTATIONS
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Accused-appellant cannot invoke the benevolent provisions of
Paragraph 4, Article 12 of the Revised Penal Code in order to be
exempted from criminal liability arising from the death of his wife,
Grace Nepomuceno. Said provision pertinently states:
Art. 12. Circumstances which exempt from criminal liability. The
following are exempt from criminal liability:
xxx xxx xxx
4. Any person who, while performing a lawful act with due care,
causes an injury by mere accident without fault or intention of causing
it.
At all events, accident to be exempting, presupposes that the act done
is lawful. Here, however, the act of accused-appellant of drawing a
weapon in the course of a quarrel, the same not being in self-defense,
is unlawful - it at least constitutes light threats (Article 285, par. 1,
Revised Penal Code). There is thus no room for the invocation of
accident as a ground for exemption (People vs. Reyta, Jr., 13 CAR
(25) 1190;1195 [1968]).
Chapter Three
CIRCUMSTANCES WHICH MITIGATE
CRIMINAL LIABILITY
Page 47 of 161
ANNOTATIONS
3. Art 13(1) & (2) on MINORITY only [However, see R.A. 9344],
but not senility, are both PMCs. The rest are OMCs. Although the death
sentence may not be imposed upon a convict who is over seventy
years old [Art. 47] or if imposed earlier, it is to be suspended upon
reaching the age of more than 70 [Art. 83].
Page 49 of 161
People vs. Cabellon and Gaviola
[GRN 29221 August 8, 1928]
1. CRIMINAL LAW; HOMICIDE; DEFENSE OF A
RELATIVE.- Of the three elements required by the law
for exemption from criminal liability for the defense of a
relative, only one may be held to be present in the
crime in question, and that is, the unlawful aggression
on the part of the deceased. And by virtue of the
provision of article 86 of the Penal Code, the penalty to
be imposed upon the appellant must be the penalty
one degree lower than that prescribed by law.
Page 51 of 161
But in Pp. v. Deguia, 20 April 1951 --- A confronted B and
accused the latter of stealing his jackfruits. B went home, looked
for a weapon, returned and killed A. Provocation was still
appreciated.
Page 54 of 161
10.a.3. Killing by the accused of the victim who
several days prior had manhandled him = sufficient provocation or
passion and obfuscation;
10.a.4. Jealousy = passion or obfuscation;
10.a.5. Testifying for the prosecution without being
discharged = voluntary plea of guilty.
10.a.6. Prompt voluntary restitution of the property
subject of malversation or robbery/theft = voluntary surrender.
10.a.7. Although in senility, the age of the offender must
be more than 70 years old, but even if the age is only more than
60, but with failing eyesight the same may be considered
analogous to senility.
Chapter Four
CIRCUMSTANCE WHICH AGGRAVATE
CRIMINAL LIABILITY
ANNOTATIONS
Page 55 of 161
c. The Revised Rules on Criminal Procedure, made effective
on 01 December 2000, requires aggravating circumstances, whether
ordinary or qualifying, to be stated in the complaint or information.
Sections 8 and 9 of Rule 110 of the Rules of Court now provide:
d. GACs and OMCs offset each other, but not QUACs because
These are ingredients of the felony and are included in its definition or
provision of the law. An OMC may offset a QUAC only when the latter
partakes of the nature of a GAC, viz: (a) Excess, like where there are
two or more QUACs attendant in the killing; (b) In robbery with
homicide, treachery will only partake of he nature of a mere GAC.
Page 57 of 161
(1) That advantage is taken by the offender of his public
position.
1.a. The offender must have intentionally availed of the
influence or reputation of his position in order to facilitate the
commission of the crime. So that where the accused police
officer, because of passion and obfuscation and at the spur of the
moment, shot the victim using his government issued firearm, this
aggravating circumstance does not apply.
1.b. If the crime committed by the public official is inherent in
his position, this does not apply, e.g. malversation & bribery.
1.c. Article 62, par. 1(a). When in the commission of the
crime, advantage was taken by the offender of his public position,
the penalty to be imposed shall be in its maximum regardless of
mitigating circumstances.
Page 58 of 161
where the circumstance of sex is inherent, e.g., rape, seduction,
acts lasciviousness, or parricide disregard of sex does not apply.
3.e. The term rank refers to a high position in social life or in
the government service, e.g. teacher, priest, judge, consul,
ambassador, or regional directors of government agencies. The
offender must have knowledge of the identity of the victim.
3.d. Assault should not be while the public officer [person in
authority or his agent] was in the act of discharging his function or
that it should not be committed by reason of such performance.
Otherwise, the crime is Direct Assaults.
PERSONS IN AUTHORITY
(not limited to the following enumeration)
a. Chief Executive --- Guillen, 85 Phil. 307
b. Mayors --- Imson, 80 Phil. 285; Gumban, 39 Phil. 76; Dirain, 9
Phil. 162.
c. Judges --- Prudencio Garcia, 20 Phil. 358; Montiel, 9 Phil. 162;
Torrecarion, CA 52 O.G. 7644.
d. Brgy. Chairman, Kagawad, members of the Lupong
Tagapamayapa --- Section 388, LGC of 1991 (R.A. 7160).
e. Governor --- Baluyot, 40 Phil. 385; Dano, 87 Phil. 588.
f. Provincial Treasurer --- Gerardo Ramos, 57 Phil. 462.
g. Director of Posts --- Acierto, 57 Phil. 614.
h. Division Superintendent of Schools --- Benitez, 63 Phil. 671.
i. School teacher --- Rosa de Guzman, CA 46 O.G. 3177,
Commonwealth Act 578.
j. Election inspector --- Villanueva vs. Ortiz, 108 Pil. 1349;
Marapao, 85 Phil. 832.
k. Chief of Police --- Pp v. PO3 Feliciano, 24 Sept. 2001
AGENTS OF A PIA
(not limited to the following enumeration)
a. BIR agent --- Dosal, 92 Phil. 877.
b. Postmaster, Municipal Treasurer, Sanitary Inspector.
c. Chief of Provincial Hospital.
d. Postal Clerk
Page 60 of 161
(4) That the act be committed with abuse of confidence or
obvious ungratefulness.
4.a. It is also essential that the confidence between the
parties must be immediate and personal such as would give that
accused some advantage or make it easier for him to commit the
crime. That such confidence was a means of facilitating the
commission of the crime, the culprit taking advantage of the
offended party's belief that the former would not abuse said
confidence. [Pp v. Mandolado, et al. 28 June 1983]
4.b. Requisites: (a) the offenderd party has trusted the
offender and the latter abused such trust; (b) that such abuse of
confidence facilitated the commission of the felony.
4.c. APPRECIATED: (a) Houseboy for several years, killing
her master inside the latter’s bedroom where the offender was
always allowed access in order to clean it; (b) Accused was
accommodated to live with the family of the complainant whom he
raped [Pp v. Cabresos, May 26, 1995]; (c) Host killed in his own
house by his guest. [People vs. Ponciano, December 5, 1991]; (d)
When the killer of the child is the domestic servant of the family
and was sometimes the deceased child's amah, the aggravating
circumstance of grave abuse of confidence is present. [Pp v. Lora,
March 30, 1982]
4.d. NOT APPRECIATED: (a) Victim and assailant had just
met each other when the murder was committed; (b) Inasmuch as
the relation of trust and confidence that exists in this case is
between the accused-appellant and the father of the deceased,
and that the deceased was then residing apart from his father as
he was working in Zamboanga City, there is no immediate and
personal relationship between accused-appellant and the
deceased. [Pp v. Comendador, Sept. 18, 1980];
Page 62 of 161
6.e. Nighttime is out of the question where it has no
influence in the commission of the crime, such as malversation,
bribery, libel, bigamy, or falsification .
6.f. The ELEMENTS of nocturnity as an aggravating
circumstance are: (a) when it facilitated the commission of the
crime; or (b) when especially sought by the offender to insure the
commission of the crime or for the purpose of impunity, or (c)
when the offender took advantage thereof also for purposes of
impunity. There are two tests for nocturnity as an aggravating
circumstance:
(a) The objective test, under which nocturnity is
aggravating because it facilitates the commission of the offense;
and
(b) The subjective test, under which nocturnity is
aggravating because it was purposely sought by the offender.
These two tests should be applied in the alternative. [Pp v.
Lomerio, Feb. 28, 2000]
6.g. The uninhabitedness of a place is determined not by the
distance of the nearest house to the scene of the crime, but
whether or not in the place of commission, there was reasonable
possibility of the victim receiving some help. [Pp v. Damaso, 20
May 1978] It must be purposely sought, chosen, or taken
advantage to facilitate the commission of the crime. In Pp v. Egot,
June 25, 1984, the Supreme Court stated, thus: “A place where
there are no people or any number of houses within a perimeter
of less than 200 meters is uninhabited.” “A distance of 200 yards
to the nearest house is sufficient to make the scene of the crime
uninhabited.”
6.h. Uninhabited cannot be appreciated if it there was no
showing that the accused purposely sought it (subjective test) or
took advantage of it to commit the crime without any interference
and that he might better attain his purpose (objective test).
6.i. Band – at least four persons that are armed with means
of violence; more than three armed malefactors with the common
intention of committing a crime. The manner or degree of
participation is immaterial provided the acts are all geared
towards the attainment of a common design, and provided further
that they all directly participated in its commission. If less than
four directly participated, and the other was left in the hideout
because he was the mastermind --- no band. If during trial, only
three were convicted and the others were acquitted then there is
no band.
This is inherent in brigandage. In the crime of rape, it is
inherent under the first paragraph of Art. 266-A [[Whenever the
Page 63 of 161
rape was committed with the use of a deadly weapon or by two or
more persons, the penalty shall be reclusion perpetua to death.]
APPRECIATED: (1) as GAC in Robbery with homicide, 1st
par. Art. 294, Pp v. Pedroso, EN BANC, 30 July 1982. Note, this
case effectively overturned Ombao (2) as GAC in Robbery with
homicide; rob. w/ rape, intentional mutilation, or with phy. inj.
resulting in insanity, impotency, or blindness, Pp v. Puesca, EN
BANC, Dec. 5, 1978.
NOT APPRECIATED:(1) Pp. v. Ombao, ist Div., Feb. 26,
1981. Overturned by Pedroso, supra.
We also note that the trial court failed to make any definitive
finding as to the existence of aggravating circumstances. However, we
find that the aggravating circumstances of nighttime and uninhabited
place did not attend the commission of the crime.
Page 64 of 161
(7) That the crime be committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic or other
calamity or misfortune.
7.a. This operates as a QUAC in crimes against persons
(Art. 248 murder), also in theft (Art. 310)
7.b. Other calamity: eruption of a volcano, destructive
cyclone, or other public calamity.
7.c. The development of engine trouble at sea is a
misfortune, but it does not come within the context of the phrase "other
calamity or misfortune" as used in Article 14, paragraph 7 of the
Revised Penal Code, which refer to other conditions of distress similar
to those precedingly enumerated therein, namely, "conflagration,
shipwreck, earthquake, epidemic, "such as the chaotic conditions
resulting from war or the liberation of the Philippines during the last
World War. The reason for the provision of this aggravating
circumstance "is found in the debased form of criminality met in one
who, in the midst of a great calamity, instead of lending aid to the
afflicted, adds to their suffering by taking advantage of their misfortune
to despoil them."[People vs. Arpa, et al., GRN L-26789 April 25, 1969]
Page 65 of 161
9.a. The term final judgment should be read as “final and
executory judgment.”
9.b. First conviction must be for the first felony, and the
second conviction, for the second felony that was committed after
the first felony.
9.c. Note that there is no mention as to the lapse of time
between the commission and conviction of the first felony and that
of the second one. The clear inference is that recidivism is
imprescriptible.
9.d. Contra distinguish with Art. 62 on HABITUAL DELINQUENCY.
(FLERTS)Falsification,LSPI,Estafa,Robbery,Theft.Serious P.I.
9.e. An offender may be a recidivist and a habitual
delinquent if he was convicted for the third time of a felony that is
embraced within the same title as that of either the first and
second felony, but limited to FLERTS only, within ten years from
the date of his release or last conviction, whichever applies.
9.f. Not a requirement that the accused shall have served
out his sentence for the previous felony or felonies. What is
required is just a final and executory conviction.
Page 67 of 161
sufficient to arrive at a calm judgment. [Pp v. PO3 Tan, et al., June
21, 2001]
13.h. To be considered, it is indispensable to show how and
when the plan to kill was hatched or how much time had elapsed
before it was carried out. Premeditation must be based on
external acts which must be notorious, manifest, and evident –
not merely suspecting – indicating deliberate planning. [PO3 Tan,
et al., supra]
13.i. Not appreciated where the felony was committed at the
spur of the moment or heat of anger. Except where there was
sufficient lapse of time between the determination and the
execution. [Moises Capalac, Oct. 23, 1982]
Page 70 of 161
16.f. Treachery may co-exist with evident premeditation. In
robbery with homicide, alevosia is to be regarded as a generic
aggravating circumstance only. [Pp v. Salvatierra, 257 SCRA 489]
16.g. Even if treachery becomes evident at a subsequent
stage, if it was not so at the start and the attack was continuous, it
cannot be considered in the judgment. [Pp v. Leal, June 29,
2001] Except where there was an efficient break or interruption in
the attack. Treachery must be present at the inception of the
attack. [Leal, supra.]
16.h. No treachery if the attack was committed at the spur of
the moment, or while the offender was being overwhelmed by
passion and obfuscation, because then there requisite that it was
purposely sought would be absent.
Page 71 of 161
(c) where the sexual intercourse was performed in the "dog style"
position;
(d) and where the accused plastered mud on the victim's private
pArt.
(e) Ignominy was also present where the victim was pregnant and
whose pleas on that ground were ignored by the accused who
went on to force his lust on her. The accused then tied a banana
fiber around his penis and inserted it again into her vagina.
Thereafter, he pulled out his organ and forced the victim to suck it.
[Pp v. Bacule, Jan. 28, 2000]
Page 72 of 161
(21) CRUELTY…. That the wrong done in the commission of the
crime be deliberately augmented by causing other wrong not
necessary for its commissions.
21.a. Cruelty refers to physical suffering of the victim
purposely intended by the offender. Hence, the wrong done must be
performed while the victim is still alive. For cruelty to exist, it must
be shown that the accused enjoyed and delighted in making the victim
suffer slowly and gradually, causing him unnecessary physical or moral
pain in the consummation of the act. [Pp v. Gatcho, Feb. 26, 1981]
21.b. But the number of wounds is not a test for determining
whether cruelty is present. The test is whether the accused
deliberately and sadistically augmented the victim's suffering.
Consequently, there must be proof that the victim was made to
agonize before he was killed. [Pp v. Panida, et al., July 6, 1999]
21.c. The fact that victim's decapitated body bearing forty-
three (43) stab wounds, twenty-four (24) of which were fatal, was
found dumped in the street is not sufficient for a finding of cruelty
where there is no showing that appellant, for his pleasure and
satisfaction, caused the victim to suffer slowly and painfully and
inflicted on him unnecessary physical and moral pain. Number of
wounds alone is not the criterion for the appreciation of cruelty as
an aggravating circumstance. Neither can it be inferred from the
mere fact that the victim's dead body was dismembered. [Pp v.
Ilaoa, June 16, 1994]
Chapter Five
ALTERNATIVE CIRCUMSTANCES
Page 74 of 161
Serious physical injuries. — Any person who shall
wound, beat, or assault another, shall be guilty of the crime
of serious physical injuries and shall suffer:
1. The penalty of prision mayor, if in consequence of
the physical injuries inflicted, the injured person shall
become insane, imbecile, impotent, or blind;
2. The penalty of prision correccional in its medium
and maximum periods, if in consequence of the physical
injuries inflicted, the person injured shall have lost the use of
speech or the power to hear or to smell, or shall have lost an
eye, a hand, a foot, an arm, or a leg or shall have lost the
use of any such member, or shall have become
incapacitated for the work in which he was therefor habitually
engaged;
3. The penalty of prision correccional in its minimum
and medium periods, if in consequence of the physical
injuries inflicted, the person injured shall have become
deformed, or shall have lost any other part of his body, or
shall have lost the use thereof, or shall have been ill or
incapacitated for the performance of the work in which he as
habitually engaged for a period of more than ninety days;
4. The penalty of arresto mayor in its maximum
period to prision correccional in its minimum period, if the
physical injuries inflicted shall have caused the illness or
incapacity for labor of the injured person for more than thirty
days.
If the offense shall have been committed against any of
the persons enumerated in Article 246, or with attendance of
any of the circumstances mentioned in Article 248, the case
covered by subdivision number 1 of this Article shall be
punished by reclusion temporal in its medium and maximum
periods; the case covered by subdivision number 2 by
prision correccional in its maximum period to prision mayor
in its minimum period; the case covered by subdivision
number 3 by prision correccional in its medium and
maximum periods; and the case covered by subdivision
number 4 by prision correccional in its minimum and medium
periods.
The provisions of the preceding paragraph shall not be
applicable to a parent who shall inflict physical injuries upon
his child by excessive chastisement.
INTOXICATION:
b. NOT APPRECIATED:
b.1. Where the accused has studied up to sixth grade, the
Court was of the opinion that it is more than sufficient schooling to give
Page 76 of 161
a person a degree of instruction as to properly apprise him of what is
right and Wrong. [People vs. Pujinio, et al., April 29, 1969]
b.2. As a Christian, accused cannot possibly be ignorant of
the fifth commandment (you shall not kill) or that it is contrary to natural
law to commit murder. [People vs. Laspardas, October 23, 1979]
b.3. Low degree of instruction and education are not
mitigating in crimes against chastity like rape. [Garganera vs. Jocson,
September 1, 1992]
b.4. Both accused finished elementary grades and,
therefore, were not illiterate. Although the criterion in determining lack
of education is not illiteracy alone, but lack of sufficient intelligence,
there is no showing that the accused were of such low mental capacity
that they had not realized the full significance of their acts. No one,
however unschooled he may be, is so ignorant as not to know that
theft or robbery, or assault upon the person of another is inherently
wrong and a violation of the law. [Pp v. Ang, Oct. 8, 1985]
c. APPRECIATED:
C.1. People vs. Mengote, July 25, 1975, Where the two
accused, who were ignorant non-Christian, entered a plea of guilty in
the crime of robbery with homicide. In its obiter, the Supreme Court
even extended the benefit to ignorant persons with little or no
education, who are unschooled and illiterate.
c.2. Where an accused has committed the crime of murder
and it appears that he lacks education and instruction for the reason
that he did not finish even the first grade in elementary school, the
mitigating circumstance of lack of education should be taken into
consideration.[Pp v. Limaco, Jan. 9, 1951]
Title Two
PERSONS CRIMINALLY LIABLE FOR FELONIES
Art. 16. Who are criminally liable. — The following are criminally
liable for grave and less grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for light felonies:
1. Principals
2. Accomplices.
ANNOTATIONS
CONSPIRACY:
----------------------------------------------------------------------------------------------
---
TABULAR PRESENTATION:
A. CONSPIRACY:
All of these also apply to robbery with homicide. [See
concurring opinion of J. Gutierrez in the Escober case.]
CRIMES: XY ---
ROBBERY WITH RAPE
Z ---
ROBBERY ONLY
B: B A N D
AUTHORITIES
That one who during a riot in which a person was killed, said to
one of the combatants, "Stab him! Stab him!", it not appearing that he
did anything more than say these words except to be present at the
fight, was not guilty of the crime of homicide by inducement, the court
saying that, "considering that, although the phrases pronounced were
imprudent and even culpable, they were not so to the extent that they
may be considered the principal and moving cause of the effect
produced; direct inducement cannot be inferred from such phrases, as
inducement must precede the act induced and must be so
influential in producing the criminal act that without it the act would not
have been performed."
A person who advised a married woman whose husband was
very stingy and treated her badly that the only thing for her to do was
to rob him, was not guilty of the crime of robbery by inducement, for
the reason that imprudent and ill-conceived advice is not sufficient.
A father who simply said to his son who was at the time engaged
in combat with another, "Hit him! Hit him!", was not responsible for the
injuries committed after such advice was given, under the facts
presented. The court said: "It being held in mind that the inducement to
the commission of the crime by means of which a person may be
considered a principal in the same manner as he who executes the act
itself can only be founded in commands, sometimes in advice, in
considerations, or by inducement so powerful that it alone produces
the criminal act. "
Page 84 of 161
d. Where the alleged inducement to commit the crime was no
longer necessary to incite the assailant, the utterer cannot be held
accountable for the crime as a principal by inducement. [People vs.
Parungao November 28, 1996, EN BANC]
ANNOTATIONS
a. To hold a person liable as an accomplice, two elements must
be present: (1) the community of criminal design; that is, knowing the
criminal design of the principal by direct participation, he concurs with
the latter in his purpose; and (2) the performance of previous or
simultaneous acts that are not indispensable to the commission of the
crime. [Pp v. Vera, Aug. 18, 1999]
Page 86 of 161
Art. 19. Accessories. — Accessories are those who, having
knowledge of the commission of the crime, and without having
participated therein, either as principals or accomplices, take part
subsequent to its commission in any of the following manners:
[Accessories after the fact]
1. By profiting themselves or assisting the offender to profit by
the effects of the crime.
2. By concealing or destroying the body of the crime, or the
effects or instruments thereof, in order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the
principals of the crime [any crime, except light felonies], provided
the accessory acts with abuse of his public functions or whenever
the author of the crime is guilty of treason, parricide, murder, or an
attempt to take the life of the Chief Executive, or is known to be
habitually guilty of some other crime.
ANNOTATIONS
Page 89 of 161
PRESIDENTIAL DECREE NO. 1612
Sec. 2.Definition of Terms. - The following terms
shall mean as follows:
Title Three
PENALTIES
Chapter One
PENALTIES IN GENERAL
ANNOTATIONS
Page 92 of 161
In cases of seduction, abduction, acts of
lasciviousness and rape, the marriage of the offender
with the offended party shall extinguish the criminal
action or remit the penalty already imposed upon him.
The provisions of this paragraph shall also be
applicable to the co-principals, accomplices and
accessories after the fact of the above-mentioned
crimes.
Page 93 of 161
5. Deprivation of rights and the reparations, which the civil
laws, may establish in penal form.
Chapter Two
CLASSIFICATION OF PENALTIES
Page 94 of 161
correctional penalty, if it does not exceed 6,000 pesos but is not less
than 200 pesos; and a light penalty if it less than 200 pesos.
Chapter Three
DURATION AND EFFECTS OF PENALTIES
Section One. — Duration of Penalties
Bond to keep the peace. — The bond to keep the peace shall be
required to cover such period of time as the court may determine.
Page 97 of 161
months, if he shall have been prosecuted for a grave or less grave
felony, and shall not exceed thirty days, if for a light felony.
Art. 36. Pardon; its effect. — A pardon shall not work the
restoration of the right to hold public office, or the right of suffrage,
unless such rights be expressly restored by the terms of the pardon.
A pardon shall in no case exempt the culprit from the payment of
the civil indemnity imposed upon him by the sentence.
Art. 37. Cost. — What are included. — Costs shall include fees
and indemnities in the course of the judicial proceedings, whether they
be fixed or unalterable amounts previously determined by law or
regulations in force, or amounts not subject to schedule.
Page 99 of 161
Art. 43. Prision correccional — Its accessory penalties. — The
penalty of prision correccional shall carry with it that of suspension
from public office, from the right to follow a profession or calling, and
that of perpetual special disqualification from the right of suffrage, if the
duration of said imprisonment shall exceed eighteen months. The
offender shall suffer the disqualification provided in the article although
pardoned as to the principal penalty, unless the same shall have been
expressly remitted in the pardon.
Art. 47. In what cases the death penalty shall not be imposed.
— The death penalty shall be imposed in all cases, in which it must be
imposed under existing laws, except in the following cases:
1. When the guilty person is more than seventy years of age.
2. When upon appeal or revision of the case by the Supreme
court, all the members thereof are not unanimous in their voting
as to the propriety of the imposition of the death penalty. For the
imposition of said penalty or for the confirmation of a judgment of
the inferior court imposing the death sentence, the Supreme
Court shall render its decision per curiam, which shall be signed
by all justices of said court, unless some member or members
thereof shall have been disqualified from taking part in the
consideration of the case, in which even the unanimous vote and
Page 100 of 161
signature of only the remaining justices shall be required. [DEATH
PENALTY NO LONGER EXISTS]
People vs. Mision, February 26, 1991 --- Where the accused
stabbed the two victims who were separated by a distance of three (3)
meters from each other.
ANNOTATIONS
a. ABERATIO ICTUS --- which means mistake in the blow,
characterized by aiming at one but hitting the other due to imprecision
in the blow. [Pp v. Sabalones, et al., 31 Aug. 1998]
PENALTIES
Divisible penalties are divided into three [3] equal portions. Each
portion is known as a period. If there is an ordinary mitigating
SCALE NO. 2
1. Perpetual absolute disqualification
2. Temporary absolute disqualification
3. Suspension from public office, the right to vote and
be voted for, and the right to follow a profession or
calling
4. Public censure
5. Fine
1. Death
2. Reclusion perpetua
Page 114 of 161
3. Reclusion temporal---max
med -- Prescribed penalty
min
4. Prision mayor--------max
Prision correccional max --- One degree lower
[Gonzales Doctrine]
FIRST DIVISION
SYLLABUS
1. CRIMINAL LAW; PENALTIES, COMPUTATION OF. —
In determining the penalty next lower in degree for the purpose of
applying the law on indeterminate sentence, while some of the justices
believe that said penalty immediately lower should be prision mayor in
its medium degree, the majority equally hold that following the doctrine
laid down in the case of People vs. Gonzales (73 Phil., 549), the
penalty next lower in degree to prision mayor in its maximum
degree is and should be prision correccional in its maximum
degree.
The penalty in criminal case No. 2109 (now L-4215) should
therefore be not less than four (4) years and nine (9) months and
eleven (11) days of prision correccional and not more than ten (10)
years, eight (8) months and one (1) day of prision mayor. The
indemnity to the heirs of the deceased Benito Fernandez should be
increased to P6,000. With these modifications, the decision appealed
from is hereby affirmed, with costs.
Art. 248. Murder. — Any person who, not falling within the
provisions of Article 246 shall kill another, shall be guilty of murder and
shall be punished by reclusion temporal in its maximum period to
death, if committed with any of the following attendant circumstances:
=====================================================
====
1. Range --- 6m 1d to 4y 2m
3. 3y 8m 3 = 1y 2m 20d
Page 116 of 161
4. min 6m 1d to 1y 8m 20d
med 1y 8m 21d to 2y 11m 10d
max 2y 11m 11d to 4y 2m 00d
Section Two. — Rules for the application of penalties with regard to the
mitigating and aggravating circumstances, and habitual delinquency.
ANNOTATIONS
ANNOTATIONS
Chapter Five
EXECUTION AND SERVICE OF PENALTIES
Section One. — General Provisions
Art. 84. Place of execution and persons who may witness the
same. — The execution shall take place in the penitentiary of Bilibid in
a space closed to the public view and shall be witnessed only by the
priests assisting the offender and by his lawyers, and by his relatives,
not exceeding six, if he so request, by the physician and the necessary
personnel of the penal establishment, and by such persons as the
Director of Prisons may authorize.
Title Four
EXTINCTION OF CRIMINAL LIABILITY
Chapter One
TOTAL EXTINCTION OF CRIMINAL LIABILITY
Chapter Two
PARTIAL EXTINCTION OF CRIMINAL LIABILITY
Art. 94. (R.A. 10592, May 29, 2013) “ART. 94. Partial extinction of
criminal liability. – Criminal liability is extinguished partially:
“1. By conditional pardon;
Art. 97. (R.A. 10592, May 29, 2013) “ART. 97. Allowance for good
conduct. – The good conduct of any offender qualified for credit for preventive
Page 137 of 161
imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in
any penal institution, rehabilitation or detention center or any other local jail shall
entitle him to the following deductions from the period of his sentence:
“1. During the first two years of imprisonment, he shall be allowed a
deduction of twenty days for each month of good behavior during detention;
“2. During the third to the fifth year, inclusive, of his imprisonment, he shall
be allowed a reduction of twenty-three days for each month of good behavior
during detention;
“3. During the following years until the tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of twenty-five days for each
month of good behavior during detention;
“4. During the eleventh and successive years of his imprisonment, he shall
be allowed a deduction of thirty days for each month of good behavior during
detention; and
“5. At any time during the period of imprisonment, he shall be allowed
another deduction of fifteen days, in addition to numbers one to four hereof, for
each month of study, teaching or mentoring service time rendered.
“An appeal by the accused shall not deprive him of entitlement to the above
allowances for good conduct.”
Art. 98. (R.A. 10592, May 29, 2013) “ART. 98. Special time allowance for loyalty. – A
deduction of one fifth of the period of his sentence shall be granted to any prisoner who,
having evaded his preventive imprisonment or the service of his sentence under the
circumstances mentioned in Article 158 of this Code, gives himself up to the authorities within
48 hours following the issuance of a proclamation announcing the passing away of the
calamity or catastrophe referred to in said article. A deduction of two-fifths of the period of
his sentence shall be granted in case said prisoner chose to stay in the place of his
confinement notwithstanding the existence of a calamity or catastrophe enumerated in
Article 158 of this Code.
“This Article shall apply to any prisoner whether undergoing preventive
imprisonment or serving sentence.”
ANNOTATIONS
(a) Art. 158 --- Evasion of service of sentence on the occasion of disorder,
conflagrations, earthquakes, or other calamities. — A convict who shall evade the
service of his sentence, by leaving the penal institution where he shall have been
confined, on the occasion of disorder resulting from a conflagration, earthquake,
explosion, or similar catastrophe, or during a mutiny in which he has not participated,
shall suffer an increase of one-fifth of the time still remaining to be served under the
original sentence, which in no case shall exceed six months, if he shall fail to give
himself up to the authorities within forty-eight hours following the issuance of a
proclamation by the Chief Executive announcing the passing away of such calamity.
Convicts who, under the circumstances mentioned in the preceding paragraph,
shall give themselves up to the authorities within the above mentioned period of 48
hours, shall be entitled to the deduction provided in Article 98 (SEE AMENDED ART.
98).
Art. 99. (R.A. 10592, May 29, 2013) “ART. 99. Who grants time
allowances. – Whenever lawfully justified, the Director of the Bureau of
Corrections, the Chief of the Bureau of Jail Management and Penology and/or
the Warden of a provincial, district, municipal or city jail shall grant allowances for
good conduct. Such allowances once granted shall not be revoked.”
Title Five
Art. 106. Reparation. — How made. — The court shall determine the
amount of damage, taking into consideration the price of the thing,
whenever possible, and its special sentimental value to the injured
party, and reparation shall be made accordingly.
Art. 109. Share of each person civilly liable. — If there are two or
more persons civilly liable for a felony, the courts shall determine the
amount for which each must respond.
Chapter Three
EXTINCTION AND SURVIVAL OF CIVIL LIABILITY
****************************************************************
I. SPECIAL LAW:
Art. 48 – the penalty for the more serious crime shall be imposed
in its max. period
a. X is found guilty of the crime of estafa through falsification
of a public document. The penalty is for the more serious crime of
falsification, which is prision mayor max. (determine the min. of
the indeterminate sentence using the prision mayor max as
reference)
Indeterminate Sentence is:
Example: 1M.C.
I.S. max – prision mayor maximum
min. – prision correccional – whole
range (supra)
C A S E S:
People vs. Geneblazo July 20, 2001
avdjr NOTE: Reclusion Temporal: Min: 12y 1d ~14y 8m; Med: 14y 8m
1d ~ 17y 4m; Max: 17y 4m 1d ~ 20y
Prision Mayor: Min: 6y 1d 8y; Med: 8y 1d ~ 10y; Max:
10y 1d ~12y
----------------------------------------------------------------
[36] People v. Clores, Jr., G.R. No. 130488, June 8, 2004, 431
SCRA 210, 222.
******************************************************
July 24, 1976
PRESIDENTIAL DECREE NO. 968, (PROBATION)
[as amended by P.D. 1257, P.D. 1990, and R. A. 9344]
Sec. 1. Title and Scope of the Decree. - This Decree shall be
known as the Probation Law of 1976. It shall apply to all offenders
except those entitled to the benefits under the provisions of
Presidential Decree numbered Six Hundred and three and similar laws.
Sec. 2. Purpose. - This Decree shall be interpreted so as to:
(a) promote the correction and rehabilitation of an offender by
providing him with individualized treatment;
(b) provide an opportunity for the reformation of a penitent
offender which might be less probable if he were to serve a prison
sentence; and
(c) prevent the commission of offenses.
Sec. 3. Meaning of Terms. - As used in this Decree, the
following shall, unless the context otherwise requires, be construed
thus:
(a) "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.
(b) "Probationer" means a person placed on probation.
(c) "Probation Officer" means one who investigates for the court
a referral for probation or supervises a probationer or both.
Sec. 4. Grant of Probation.(SEE: Sec. 42, R. A. 9344, below) -
Subject to the provisions of this Decree, the trial court may, after it shall
have convicted and sentenced a defendant, and upon application by
said defendant within the period for perfecting an appeal, suspend the
execution of the sentence and place the defendant on probation for
such period and upon such terms and conditions as it may deem best;
Provided, That no application for probation shall be entertained or
granted if the defendant has perfected the appeal from the judgment of
conviction.
"Probation may be granted whether the sentence imposes a term of
imprisonment or a fine only. An application for probation shall be filed
with the trial court. The filing of the application shall be deemed a
waiver of the right to appeal.
"An order granting or denying probation shall not be appealable.".
[Amended by P.D. 1990]
TITLE VII
GENERAL PROVISIONS
CHAPTER I
EXEMPTING PROVISIONS
October 6, 1997.