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CRIMINAL LAW 1 PROXIMATE CAUSE V. IMMEDIATE CAUSE V.

REMOTE
CAUSE ...................................................................... 12
MISTAKE OF FACT .................................................... 12
Fundamental Principles ...... 2
CULPA ................................................................... 13
DEFINITION OF CRIMINAL LAW ...................... 2 DOCTRINES CONCERNING CULPABLE CRIMES ........ 14
MALA IN SE AND MALA PROHIBITA ........................... 2
CRIMINAL LAW V. CRIMINAL PROCEDURE ................. 2
STATE AUTHORITY TO PUNISH CRIME ....................... 3 IMPOSSIBLE CRIME........................................... 14
PURPOSE OF PUNISHING IMPOSSIBLE CRIMES ........ 14
SOURCES OF CRIMINAL LAW .................................... 3
REQUISITES .............................................................. 15
PENAL LEGISLATION ................................................. 3
MODIFIED CONCEPT OF IMPOSSIBLE CRIME ............ 15
RELATION OF RPC TO SPECIAL LAWS: SUPPLETORY
APPLICATION OF RPC................................................ 3
CONSTRUCTION OF PENAL LAWS ............................. 3 STAGES OF EXECUTION .................................. 15
CLASSIFICATION UNDER ART. 6............................... 15
SCOPE OF APPLICATION AND TABLE: DEVELOPMENT OF A CRIME ........................ 15
CHARACTERISTICS OF PHILIPPINE CRIMINAL
LAW ......................................................................... 4 DEVELOPMENT OF A CRIME .......................... 16
GENERALITY ............................................................. 4 INTERNAL ACTS ....................................................... 16
TERRITORIALITY ........................................................ 4 EXTERNAL ACTS ...................................................... 16
PROSPECTIVITY......................................................... 6 ATTEMPTED STAGE .................................................. 16
LEGALITY .................................................................. 7 FRUSTRATED STAGE ................................................ 17
CRIMES WHICH DO NOT ADMIT OF FRUSTRATED STAGE . 17
CONSTITUTIONAL LIMITATIONS ON THE POWER
OF CONGRESS TO ENACT PENAL LAWS .... 7 CONSPIRACY AND PROPOSAL ..................... 19
EQUAL PROTECTION ................................................. 7 CONSPIRACY AS A FELONY, DISTINGUISHED FROM
DUE PROCESS ........................................................... 7 CONSPIRACY AS A MANNER OF INCURRING CRIMINAL
NON-IMPOSITION OF CRUEL AND UNUSUAL PUNISHMENT LIABILITY .................................................................. 19
OR EXCESSIVE FINES ................................................ 7
BILL OF ATTAINDER .................................................. 7 MULTIPLE OFFENDERS (DIFFERENCES, RULES,
EX POST FACTO LAW ................................................ 7 EFFECTS)............................................................. 22
OTHER CONSTITUTIONAL LIMITATIONS ..................... 7 RECIDIVISM ............................................................. 22
BASIC MAXIMS IN CRIMINAL LAW .............................. 7 HABITUALITY (REITERACION).................................. 22
QUASI-RECIDIVISM .................................................. 22
HABITUAL DELINQUENCY ........................................ 23
Felonies ..................................................... 8
CONTINUING CRIMES ...................................... 23
DIFFERENTIATING FELONIES, OFFENSE,
MISDEMEANOR AND CRIME ............................ 8
COMPLEX CRIMES AND SPECIAL COMPLEX
FELONIES: HOW COMMITTED ......................... 8 CRIMES................................................................. 24

CLASSIFICATION OF FELONIES ..................... 8 COMPLEX CRIMES ............................................ 25


INTENTIONAL FELONY V. CULPABLE FELONY ........... 8 TWO KINDS OF COMPLEX CRIMES ........................... 25

ELEMENTS OF CRIMINAL LIABILITY ............. 9 SPECIAL COMPLEX/COMPOSITE CRIMES . 26

DOLO .................................................................... 10
LIABILITY EVEN IN THE ABSENCE OF CRIMINAL INTENT .. 10
Circumstances Affecting
CATEGORIES OF CRIMINAL INTENT (GENERAL VS. SPECIFIC
INTENT) ................................................................... 10
Criminal Liability ..........................27
JUSTIFYING CIRCUMSTANCES ..................... 27
DISTINCTION BETWEEN INTENT, DISCERNMENT AND
JUSTIFYING VS. EXEMPTING CIRCUMSTANCE .......... 31
MOTIVE ..................................................................... 11
ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN
WHEN MOTIVE BECOMES MATERIAL IN DETERMINING
ACT OF 2004 (RA 9262) .......................................... 31
CRIMINAL LIABILITY ................................................. 11
WRONGFUL ACT DIFFERENT FROM THAT INTENDED 11
EXEMPTING CIRCUMSTANCES ..................... 32
JUVENILE JUSTICE AND WELFARE ACT OF 2006 (R. A. PUNISHABLE ACTS .................................................. 68
9344); ALSO REFER TO CHILD AND YOUTH WELFARE CODE COMPARE WITH ART. 20, RPC (ACCESSORIES EXEMPT
(P.D. 603, AS AMENDED) ....................................... 33 FROM CRIMINAL LIABILITY) ..................................... 69

MITIGATING CIRCUMSTANCES ..................... 35


ORDINARY V. PRIVILEGED MITIGATING CIRCUMSTANCE Penalties............................................... 69
36
INCOMPLETE JUSTIFYING CIRCUMSTANCES ........... 36
GENERAL PRINCIPLES .................................... 69
INCOMPLETE EXEMPTING CIRCUMSTANCES ........... 37
ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN
PASSION/OBFUSCATION V. IRRESISTIBLE FORCE... 40
THE PHILIPPINES (R.A. NO. 9346) ........................... 70
PASSION/OBFUSCATION V. PROVOCATION ............. 40
VOLUNTARY SURRENDER ....................................... 40
PURPOSES .......................................................... 70
PERSON IN AUTHORITY AND HIS AGENT ................. 41
PLEA OF GUILT ........................................................ 41
CLASSIFICATIONS ............................................ 70
PLEA TO A LESSER OFFENSE.................................. 41
MAJOR CLASSIFICATION ......................................... 70
OTHER CLASSIFICATIONS OF PENALTIES ............... 70
AGGRAVATING CIRCUMSTANCES .............. 43
DURATION AND EFFECT .................................. 71
GENERIC .............................................................. 44 PENALTIES WHICH MAY BE IMPOSED ....................... 71
PENALTIES COMMON TO ALL THREE TYPES ........... 75
FRAUD .................................................................. 52 ACCESSORY PENALTIES ......................................... 75

CRAFT................................................................... 52 APPLICATION ..................................................... 78


DISGUISE ............................................................. 52
RULES ON THE COMPUTATION
QUALIFYING ....................................................... 57 OF PENALTIES ................................................... 78
INDETERMINATE SENTENCE LAW
DECREE CODIFYING THE LAWS ON ILLEGAL/ UNLAWFUL
POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION
(RA 4103, AS AMENDED) ....................................... 79
PROCEDURE FOR DETERMING THE MAXIMUM AND
OR DISPOSITION, OF FIREARMS, AMMUNITION OR
MINIMUM SENTENCE ............................................... 79
EXPLOSIVES (P.D. 1866, AS AMENDED BY R.A. NO. 8294)
THREE-FOLD RULE ................................................... 81
AS AN AGGRAVATING CIRCUMSTANCE ................... 57
SUBSIDIARY IMPRISONMENT ................................... 83
THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
EFFECTS OF MITIGATING AND AGGRAVATING
(R.A. NO. 9165) ...................................................... 57
CIRCUMSTANCES .................................................... 87

ALTERNATIVE CIRCUMSTANCES ................ 60


EXECUTION AND SERVICE............................. 92
EXECUTION OF PENALTIES ..................................... 92
ABSOLUTORY CAUSE ...................................... 61
PROBATION LAW (PD 968, AS AMENDED)............... 93
EXTENUATING CIRCUMSTANCES ............................ 63
GRANT OF PROBATION ........................................... 94
SUSPENSION IN CASE OF INSANITY OR MINORITY .. 96
Persons Criminally THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
(RA 9165) ............................................................... 97
Liable/Degree of JUVENILE JUSTICE AND WELFARE ACT OF 2006 (RA
9344); CHILD AND YOUTH WELFARE CODE (PD 603, AS
Participation...................................... 63 AMENDED) ............................................................... 97
RA 9344 COMPARED TO PD 603 ............................. 97
PRINCIPAL........................................................... 64
COLLECTIVE CRIMINAL RESPONSIBILITY ................ 65
INDIVIDUAL CRIMINAL RESPONSIBILITY .................. 66 Modification and Extinction of
ACCOMPLICE ..................................................... 66 Criminal Liability ........................ 99
ACCESSORIES ................................................... 66 TOTAL EXTINGUISHMENT .............................. 99

DECREE PENALIZING OBSTRUCTION OF PARTIAL EXTINGUISHMENT .......................... 99


APPREHENSION AND PROSECUTION OF
CRIMINAL OFFENDERS (P.D. 1829) .............. 68
PRESCRIPTION OF CRIME; PRESCRIPTION OF
VIOLATIONS OF SPECIAL LAWS Title II. Crimes against
(ACT NO. 3326) ................................................... 99
Fundamental Laws of the
PRESCRIPTION OF PENALTIES .................... 99 State ........................................................... 112
ARTICLE 124 - ARBITRARY DETENTION ................. 113
PARDON BY OFFENDED PARTY .................. 101
ARTICLE 125 - DELAY IN THE DELIVERY OF DETAINED
PERSONS TO THE PROPER JUDICIAL AUTHORITIES
PARDON BY THE CHIEF EXECUTIVE.......... 101 ............................................................................... 113
ARTICLE 126 - DELAYING RELEASE....................... 113
AMNESTY........................................................... 102 ARTICLE 127 – EXPULSION .................................... 113
ARTICLE 128 - VIOLATION OF DOMICILE ................ 115
LAWS IN SC SYLLABUS ................................ 102 ARTICLE 129 - SEARCH WARRANTS MALICIOUSLY
OBTAINED, AND ABUSE IN THE SERVICE OF THOSE
CRIMINAL LAW 2 LEGALLY OBTAINED ............................................... 115
ARTICLE 130 - SEARCHING DOMICILE WITHOUT
WITNESSES ............................................................ 116
Title I. Crimes against ARTICLE 131 - PROHIBITION, INTERRUPTION AND
DISSOLUTION OF PEACEFUL MEETINGS ................ 116
National Security and the Law ARTICLE 132 - INTERRUPTION OF RELIGIOUS WORSHIP 116
of Nations .......................................... 105 ARTICLE 133 - OFFENDING THE RELIGIOUS FEELINGS
................................................................................ 117
CRIMES AGAINST SECURITY ...................... 105
ARTICLE 114 - TREASON ...................................... 105
RA 9372: HUMAN SECURITY ACT ................. 117
ARTICLE 115 - CONSPIRACY AND PROPOSAL TO COMMIT PERIOD OF DETENTION ........................................... 117
TREASON .............................................................. 107
CONSPIRACY TO COMMIT TREASON ..................... 107
PROPOSAL TO COMMIT TREASON ......................... 107 RA 9745: ANTI-TORTURE ACT ...................... 118
PUNISHABLE ACTS ................................................. 118
ARTICLE 116 - MISPRISION OF TREASON ............. 107
WHO ARE LIABLE ................................................... 119
ARTICLE 117 – ESPIONAGE .................................. 108

Crimes against the Law of Title III. Crimes against Public


Nations .................................................. 108 Order........................................................ 120
ARTICLE 118 - INCITING TO WAR OR GIVING MOTIVES FOR
REPRISALS ............................................................ 108 CHAPTER I - REBELLION, COUP D’ETAT,
ARTICLE 119 - VIOLATION OF NEUTRALITY .......... 108 SEDITION AND DISLOYALTY ....................... 120
ARTICLE 120 - CORRESPONDENCE WITH HOSTILE ARTICLE 134 - REBELLION /INSURRECTION ......... 120
COUNTRY .............................................................. 109 ARTICLE 134-A - COUP D’ ÉTAT ............................. 121
ARTICLE 121 - FLIGHT TO ENEMY'S COUNTRY ..... 109 ARTICLE 135 - PENALTY FOR REBELLION, INSURRECTION
ARTICLE 122 - PIRACY IN GENERAL AND MUTINY ON THE OR COUP D’ ÉTAT ................................................... 121
HIGH SEAS OR IN PHILIPPINE WATERS .................. 109 ARTICLE 136 - CONSPIRACY AND PROPOSAL TO COMMIT
ARTICLE 123 - QUALIFIED PIRACY ......................... 110 COUP D’ ÉTAT, REBELLION OR INSURRECTION ..... 122
ARTICLE 137 - DISLOYALTY OF PUBLIC OFFICERS OR
EMPLOYEES ........................................................... 122
PD 532: ANTI-PIRACY AND ANTI-HIGHWAY
ARTICLE 138 - INCITING TO REBELLION OR INSURRECTION
ROBBERY ........................................................... 110
DEFINITION OF TERMS ............................................ 110 122
PUNISHABLE ACTS .................................................. 111 ARTICLE 139 – SEDITION ....................................... 123
ARTICLE 140 - PERSONS LIABLE FOR SEDITION.... 123
ARTICLE 141 - CONSPIRACY TO COMMIT SEDITION
RA 6235: ANTI-HIJACKING LAW ................... 111 ............................................................................... 123
PUNISHABLE ACTS .................................................. 111 ARTICLE 142 – INCITING TO SEDITION ................... 123

RA 9372: HUMAN SECURITY ACT OF 2007 112 CHAPTER II - CRIMES AGAINST POPULAR
REPRESENTATION ......................................... 124
ARTICLE 143 - ACTS TENDING TO PREVENT THE MEETING
OF THE CONGRESS OF THE PHILIPPINES AND SIMILAR
BODIES .................................................................. 124
ARTICLE 144 - DISTURBANCE OF PROCEEDINGS . 124
ARTICLE 145 - VIOLATION OF ARTICLE 161 - COUNTERFEITING THE GREAT SEAL OF THE
PARLIAMENTARY IMMUNITY .................................. 124 GOVERNMENT OF THE PHILIPPINE ISLANDS, FORGING THE
SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE 134
CHAPTER III – ILLEGAL ASSEMBLIES AND ARTICLE 162 - USING FORGED SIGNATURE OR
ASSOCIATIONS ................................................ 125 COUNTERFEIT SEAL OR STAMP ............................ 134
ARTICLE 146 - ILLEGAL ASSEMBLIES ................... 125 ARTICLE 163 - MAKING AND IMPORTING AND UTTERING
ARTICLE 147 - ILLEGAL ASSOCIATIONS ............... 125 FALSE COINS......................................................... 135
ARTICLE 164 - MUTILATION OF COINS .................. 135
CHAPTER IV - ASSAULT UPON AND RESISTANCE ARTICLE 165 - SELLING OF FALSE OR MUTILATED COIN,
WITHOUT CONNIVANCE ......................................... 135
AND DISOBEDIENCE TO, PERSONS IN
ARTICLE 166 - FORGING TREASURY OR BANK NOTES OR
AUTHORITY AND THEIR AGENTS .............. 126
OTHER DOCUMENTS PAYABLE TO BEARER; IMPORTING
ARTICLE 148 - DIRECT ASSAULT .......................... 126
ARTICLE 152 - PERSONS IN AUTHORITY AND AGENTS OF AND UTTERING SUCH FALSE OR FORGED NOTES AND
DOCUMENTS ......................................................... 135
PERSONS IN AUTHORITY ....................................... 126
ARTICLE 167 - COUNTERFEITING, IMPORTING, AND
ARTICLE 149 - INDIRECT ASSAULT ........................ 127
UTTERING INSTRUMENTS NOT PAYABLE TO BEARER
ARTICLE 150 - DISOBEDIENCE TO SUMMONS ISSUED BY ............................................................................... 136
CONGRESS, ITS COMMITTEES OR SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES,
SUBCOMMITTEES OR DIVISIONS............................. 127 ACTS OF FORGERY ......................................... 136
ARTICLE 168 - ILLEGAL POSSESSION AND USE OF FALSE
ARTICLE 151 - RESISTANCE AND DISOBEDIENCE TO A
TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF
PERSON IN AUTHORITY OR THE AGENTS OF
CREDIT ................................................................... 136
SUCH PERSONS...................................................... 127
ARTICLE 169 - HOW FORGERY IS COMMITTED ...... 136
CHAPTER V - PUBLIC DISORDERS ............ 128
ARTICLE 153 - TUMULTS AND OTHER DISTURBANCES OF
ACTS OF FALSIFICATION .............................. 137
PUBLIC ORDER ...................................................... 128 ARTICLE 170 - FALSIFICATION OF LEGISLATIVE
DOCUMENTS .......................................................... 137
ARTICLE 154 - UNLAWFUL USE OF MEANS OF
PUBLICATION AND UNLAWFUL UTTERANCES ....... 128 ARTICLE 171 - FALSIFICATION BY PUBLIC OFFICER,
EMPLOYEE OR NOTARY OR ECCLESIASTICAL MINISTER
ARTICLE 155 - ALARMS AND SCANDALS .............. 128 137
ARTICLE 156 - DELIVERING PRISONERS FROM JAIL ARTICLE 172 - FALSIFICATION BY PRIVATE INDIVIDUAL
.............................................................................. 129 AND USE OF FALSIFIED DOCUMENTS .................... 139
ARTICLE 173 - FALSIFICATION OF WIRELESS, CABLE,
CHAPTER VI - EVASION OF SERVICE OF TELEGRAPH AND TELEPHONE MESSAGES, AND USE OF
SENTENCE ........................................................ 129 SAID FALSIFIED MESSAGES ................................... 141
ARTICLE 157 - EVASION OF SERVICE OF SENTENCE ARTICLE 174 - FALSE MEDICAL CERTIFICATES, FALSE
.............................................................................. 129 CERTIFICATES OF MERITS OR SERVICE, ETC. ........ 141
ARTICLE 158 - EVASION OF SERVICE OF SENTENCE ON THE
ARTICLE 175 - USING FALSE CERTIFICATES.......... 141
OCCASION OF DISORDERS, CONFLAGRATIONS, ARTICLE 176 - MANUFACTURING AND POSSESSION OF
EARTHQUAKES, OR OTHER CALAMITIES .............. 130 INSTRUMENTS OR IMPLEMENTS FOR FALSIFICATION .. 141
ARTICLE 159- OTHER CASES OF EVASION OF SERVICE OF
SENTENCE ............................................................. 130
OTHER FALSITIES ........................................... 142
ARTICLE 177 - USURPATION OF AUTHORITY OR OFFICIAL
CHAPTER VII - COMMISSION OF ANOTHER FUNCTIONS ........................................................... 142
CRIME DURING SERVICE OF PENALTY IMPOSED ARTICLE 178 - USING FICTITIOUS AND CONCEALING TRUE
FOR ANOTHER PREVIOUS OFFENSE ........ 131 NAME ..................................................................... 142
ARTICLE 160 - QUASI RECIDIVISM ......................... 131 ARTICLE 179 - ILLEGAL USE OF
PD 1866 AS AMENDED BY RA 8294: ILLEGAL POSSESSION UNIFORMS AND INSIGNIA ...................................... 142
OF FIREARMS ......................................................... 131 ARTICLE 180 - FALSE TESTIMONY
RA 9372: HUMAN SECURITY ACT ........................... 133 AGAINST A DEFENDANT ........................................ 142
ARTICLE 181 - FALSE TESTIMONY FAVORABLE TO THE
DEFENDANT .......................................................... 143
Title IV. Crimes against Public ARTICLE 182 - FALSE TESTIMONY IN CIVIL CASES 143

Interest ................................................... 134 ARTICLE 183 - FALSE TESTIMONY IN OTHER CASES AND
PERJURY IN SOLEMN AFFIRMATION ...................... 143
ARTICLE 184 - OFFERING FALSE TESTIMONY
ACTS OF COUNTERFEITING ........................ 134 IN EVIDENCE .......................................................... 144
ARTICLE 185 - MACHINATIONS IN PUBLIC AUCTIONS .. 144
ARTICLE 186 – MONOPOLIES AND COMBINATIONS IN ARTICLE 209 – BETRAYAL OF TRUST BY AN ATTORNEY OR
RESTRAINT OF TRADE ........................................... 144 A SOLICITOR – REVELATION OF SECRETS ............ 156
ARTICLE 187 – IMPORTATION AND DISPOSITION OF ARTICLE 210 - DIRECT BRIBERY ............................ 157
FALSELY MARKED ARTICLES OR MERCHANDISE MADE OF ARTICLE 211 - INDIRECT BRIBERY ......................... 157
GOLD, SILVER, OR OTHER PRECIOUS METALS OR THEIR ARTICLE 211-A - QUALIFIED BRIBERY .................. 158
ALLOYS ................................................................. 145 ARTICLE 212 - CORRUPTION OF PUBLIC OFFICIALS
RA 9194 ANTI-MONEY LAUNDERING ACT ............. 145 .............................................................................. 158

CHAPTER III: FRAUDS AND ILLEGAL EXACTIONS


Title V. Crimes Relative to AND TRANSACTIONS ..................................... 158
Opium and Other Prohibited ARTICLE 213 - FRAUD AGAINST THE PUBLIC TREASURY
AND SIMILAR OFFENSES ....................................... 158
Drugs ....................................................... 145 ARTICLE 214 - OTHER FRAUDS............................. 159
ARTICLE 215 - PROHIBITED TRANSACTIONS ........ 159
ACTS PUNISHED .................................................... 145
ARTICLE 216 - POSSESSION OF PROHIBITED INTEREST BY A
PUBLIC OFFICER ................................................... 159
PENALTIES FOR UNLAWFUL ACTS ........... 146
DEFINITION OF IMPORTANT TERMS ........................ 147
OTHER IMPORTANT POINTS ................................... 147 CHAPTER IV: MALVERSATION OF PUBLIC
FUNDS OR PROPERTY .................................. 160
ARTICLE 217 - MALVERSATION OF PUBLIC FUNDS OR
Title VI. Crimes against Public PROPERTY - PRESUMPTION OF MALVERSATION ... 160
ARTICLE 218 - FAILURE OF ACCOUNTABLE OFFICER TO
Morals..................................................... 148 RENDER ACCOUNTS ............................................... 161
ARTICLE 219 - FAILURE OF A RESPONSIBLE PUBLIC
CRIMES AGAINST PUBLIC MORALS ......... 148 OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE
COUNTRY ............................................................... 161
ARTICLE 200 - GRAVE SCANDAL .......................... 148
ARTICLE 201 - IMMORAL DOCTRINES, OBSCENE ARTICLE 220 - ILLEGAL USE OF PUBLIC FUNDS OR
PROPERTY ............................................................. 161
PUBLICATIONS AND EXHIBITIONS AND
INDECENT SHOWS ................................................. 148 ARTICLE 221 - FAILURE TO MAKE DELIVERY OF PUBLIC
ARTICLE 202 - VAGRANCY AND PROSTITUTION ... 149 FUNDS OR PROPERTY ........................................... 162
RA 10158: AN ACT DECRIMINALIZING VAGRANCY, ARTICLE 222 - OFFICERS INCLUDED IN THE PRECEDING
AMENDING ARTICLE 202 OF THE RPC ................... 149 PROVISIONS .......................................................... 162
P.D. 1602 – ANTI-GAMBLING ACT AS AMENDED BY R.A.
9287 – ILLEGAL NUMBERS GAME – WHICH REPEALED CHAPTER V: INFIDELITY OF PUBLIC OFFICERS
ARTICLES 195-199 OF THE RPC ........................... 150 162
RA 9208 (ANTI-TRAFFICKING IN PERSONS ACT) 151 ARTICLE 223 - CONNIVING WITH OR CONSENTING TO
EVASION ................................................................ 162
ARTICLE 224 - EVASION THROUGH NEGLIGENCE . 162
Title VII. Crimes Committed ARTICLE 225 - ESCAPE OF PRISONER UNDER THE
CUSTODY OF A PERSON NOT A PUBLIC OFFICER . 162
by Public Officers .................. 154 ARTICLE 226 - REMOVAL, CONCEALMENT, OR
DESTRUCTION OF DOCUMENTS ............................. 163
CHAPTER I PRELIMINARY PROVISIONS .. 155 ARTICLE 227 - OFFICER BREAKING SEAL .............. 163
ARTICLE 203 - WHO ARE PUBLIC OFFICERS ......... 155 ARTICLE 228 - OPENING OF CLOSED DOCUMENTS 163
ARTICLE 229 - REVELATION OF SECRETS
CHAPTER II: MALFEASANCE AND MISFEASANCE BY AN OFFICER ...................................................... 163
IN OFFICE .......................................................... 155 ARTICLE 230 - PUBLIC OFFICERS REVEALING SECRETS OF
ARTICLE 204 - KNOWINGLY RENDERING UNJUST PRIVATE INDIVIDUALSS ......................................... 164
JUDGMENT ............................................................ 155
ARTICLE 205 - JUDGMENT RENDERED THROUGH CHAPTER VI: OTHER OFFENSES OR
NEGLIGENCE ......................................................... 155 IRREGULARITIES BY PUBLIC OFFICERS . 164
ARTICLE 206 - UNJUST INTERLOCUTORY ORDER. 155 ARTICLE 231 - OPEN DISOBEDIENCE .................... 164
ARTICLE 207 - MALICIOUS DELAY IN THE ADMINISTRATION ARTICLE 232 - DISOBEDIENCE TO THE ORDER OF
OF JUSTICE ........................................................... 156 SUPERIOR OFFICER WHEN SAID ORDER WAS SUSPENDED
ARTICLE 208
- PROSECUTION OF OFFENSES; NEGLIGENCE BY INFERIOR OFFICER........................................... 164
AND TOLERANCE .................................................. 156 ARTICLE 233 - REFUSAL OF ASSISTANCE ............ 164
ARTICLE 234 - REFUSAL TO DISCHARGE
ELECTIVE OFFICE .................................................. 164
ARTICLE 235 - MALTREATMENT OF PRISONERS... 165 CHAPTER II PHYSICAL INJURIES ................ 177
ARTICLE 236 - ANTICIPATION OF DUTIES OF A PUBLIC ARTICLE 262 - MUTILATION ................................... 177
OFFICER ................................................................ 165 ARTICLE 263 - SERIOUS PHYSICAL INJURIES ........ 178
ARTICLE 237 - PROLONGING PERFORMANCE OF DUTIES ARTICLE 264 - ADMINISTERING INJURIOUS SUBSTANCES
AND POWERS ........................................................ 165 OR BEVERAGES ..................................................... 179
ARTICLE 238 - ABANDONMENT OF OFFICE ARTICLE 265 - LESS SERIOUS PHYSICAL INJURIES
OR POSITION ......................................................... 165 ............................................................................... 179
ARTICLE 239 - USURPATION OF LEGISLATIVE POWERS 166 ARTICLE 266 - SLIGHT PHYSICAL INJURIES AND
ARTICLE 240 - USURPATION OF MALTREATMENT .................................................... 179
EXECUTIVE FUNCTIONS......................................... 166 ARTICLE 266-A - RAPE (AMENDED BY RA 8353) .. 180
ARTICLE 241 - USURPATION OF JUDICIAL FUNCTIONS
166
ARTICLE 242 - DISOBEYING REQUEST FOR Title IX. Crimes against
DISQUALIFICATION ................................................ 166
ARTICLE 243 - ORDERS OR REQUEST BY EXECUTIVE Personal Liberty
OFFICER TO ANY JUDICIAL AUTHORITY ................ 166
ARTICLE 244 - UNLAWFUL APPOINTMENTS .......... 166 and Security .................................. 184
ARTICLE 245 - ABUSES AGAINST CHASTITY ......... 166
RA 3019: ANTI-GRAFT AND CORRUPT PRACTICES 167 CHAPTER I CRIMES AGAINST LIBERTY ... 184
RA 7080: ANTI-PLUNDER ACT............................... 170 ARTICLE 267 - KIDNAPPING AND SERIOUS ILLEGAL
RA 9372: HUMAN SECURITY ACT .......................... 170 DETENTION............................................................ 184
ARTICLE 268 - SLIGHT ILLEGAL DETENTION......... 186
ARTICLE 269 - UNLAWFUL ARREST ....................... 187
Title VIII. Crimes against ARTICLE 270 - KIDNAPPING AND FAILURE TO RETURN A
MINOR .................................................................... 187
Persons ................................................. 170 ARTICLE 271 - INDUCING A MINOR TO
ABANDON HIS HOME ............................................. 188
CHAPTER I DESTRUCTION OF LIFE ............ 171 ARTICLE 272 - SLAVERY ....................................... 188
ARTICLE 246 - PARRICIDE ...................................... 171 ARTICLE 273 - EXPLOITATION OF CHILD LABOR .. 188
ARTICLE 247 - DEATH OR PHYSICAL INJURIES UNDER ARTICLE 274 - SERVICES RENDERED UNDER COMPULSION
EXCEPTIONAL CIRCUMSTANCES ............................. 171 IN PAYMENT OF DEBT............................................ 188
ARTICLE 248 - MURDER ......................................... 172
TREACHERY ........................................................... 172 CHAPTER II: CRIMES AGAINST SECURITY
FIRE ........................................................................ 172 .............................................................................. 188
POISON................................................................... 173 ARTICLE 275 - ABANDONMENT OF PERSONS IN DANGER
EVIDENT PREMEDITATION ...................................... 173 AND ABANDONMENT OF OWN VICTIM ................... 188
CRUELTY ................................................................ 173 ARTICLE 276 - ABANDONING A MINOR ................. 189
ARTICLE 249 - HOMICIDE ....................................... 173 ARTICLE 277 - ABANDONMENT OF MINOR BY PERSON
ARTICLE 250 - PENALTY FOR FRUSTRATED PARRICIDE, ENTRUSTED WITH CUSTODY; INDIFFERENCE
MURDER OR HOMICIDE........................................... 173 OF PARENTS ......................................................... 189
ARTICLE 251 - DEATH CAUSED IN ARTICLE 278 - EXPLOITATION OF MINORS ........... 189
TUMULTUOUS AFFRAY ........................................... 174 ARTICLE 280 - QUALIFIED TRESPASS TO DWELLING
ARTICLE 252 - PHYSICAL INJURIES CAUSED IN .............................................................................. 190
TUMULTUOUS AFFRAY ........................................... 174 ARTICLE 281 - OTHER FORMS OF TRESPASS ........ 191
ARTICLE 253 - GIVING ASSISTANCE TO SUICIDE ... 174 ARTICLE 282 - GRAVE THREATS ............................ 191
ARTICLE 254 - DISCHARGE OF FIREARMS ............. 175 ARTICLE 283 - LIGHT THREATS ............................ 192
ARTICLE 255 - INFANTICIDE ................................... 175 ARTICLE 284 - BOND FOR GOOD BEHAVIOR ......... 192
ARTICLE 256 - INTENTIONAL ABORTION ................ 175 ARTICLE 285 – OTHER LIGHT THREATS ................ 192
ABORTION VS. INFANTICIDE ................................... 175 ARTICLE 286 - GRAVE COERCIONS ...................... 192
ARTICLE 257 - UNINTENTIONAL ABORTION ........... 176 ARTICLE 287 - LIGHT COERCIONS ........................ 193
ARTICLE 258 - ABORTION PRACTICED BY THE WOMAN ARTICLE 288 - OTHER SIMILAR COERCIONS ......... 193
HERSELF OR BY PARENTS ..................................... 176 ARTICLE 289 - FORMATION, MAINTENANCE, AND
ARTICLE 259 - ABORTION BY A PHYSICIAN OR MIDWIFE PROHIBITION OF COMBINATION OF CAPITAL OR LABOR
AND DISPENSING OF ABORTIVES ........................... 176 THROUGH VIOLENCE OR THREATS ....................... 194
ARTICLE 260 - RESPONSIBILITY OF PARTICIPANTS IN A
DUEL ...................................................................... 177 CHAPTER III: DISCOVERY AND REVELATION OF
ARTICLE 261 - CHALLENGING TO A DUEL.............. 177 SECRETS ........................................................... 194
ARTICLE 290 - DISCOVERING SECRETS THROUGH SEIZURE
OF CORRESPONDENCE ......................................... 194
ARTICLE 291 - REVEALING SECRETS WITH ABUSE OF ARTICLE 313 - ALTERING BOUNDARIES OR LANDMARKS
OFFICE .................................................................. 194 205
ARTICLE 292 - REVELATION OF INDUSTRIAL SECRETS 195
CHAPTER 5: CULPABLE INSOLVENCY..... 205
ARTICLE 314 - FRAUDULENT INSOLVENCY........... 205
Title X. Crimes against
Property ............................................... 195 CHAPTER 6: SWINDLING AND OTHER DECEITS
205
CHAPTER I: ROBBERY IN GENERAL ......... 195 ARTICLE 315 - ESTAFA ......................................... 205
ARTICLE 316 - OTHER FORMS OF SWINDLING AND DECEITS
ARTICLE 293 - WHO ARE GUILTY OF ROBBERY .... 195
ARTICLE 294 - WITH VIOLENCE OR INTIMIDATION OF 211
PERSONS .............................................................. 196 ARTICLE 317 - SWINDLING OF A MINOR ................. 212
ARTICLE 295 - ROBBERY WITH PHYSICAL INJURIES, IN AN ARTICLE 318 - OTHER DECEITS ............................. 212
UNINHABITED PLACE AND BY A BAND ................... 197
ARTICLE 296 - DEFINITION OF A BAND AND PENALTY CHAPTER 7: CHATTEL MORTGAGE ........... 212
INCURRED BY THE MEMBERS THEREOF ................ 197 ARTICLE 319 - REMOVAL, SALE, OR PLEDGE OF
ARTICLE 297 - ATTEMPTED AND FRUSTRATED ROBBERY MORTGAGED PROPERTY........................................ 212
WITH HOMICIDE ..................................................... 198
ARTICLE 298 - EXECUTION OF DEEDS THROUGH VIOLENCE CHAPTER 8: ARSON AND OTHER CRIMES
OR INTIMIDATION BY FORCE UPON THINGS .......... 198 INVOLVING DESTRUCTION ........................... 213
ARTICLE 299 - ROBBERY IN AN INHABITED HOUSE OR PD 1613, §1. DESTRUCTIVE ARSON ..................... 214
PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP . 199
ARTICLE 300 – ROBBERY IN AN UNINHABITED PLACE AND
CHAPTER 9 MALICIOUS MISCHIEF ............ 214
BY A BAND ........................................................... 200 ARTICLE 327 - WHO ARE RESPONSIBLE ............... 214
ARTICLE 301 - WHAT IS AN UNINHABITED HOUSE, PUBLIC ARTICLE 328 - SPECIAL CASES OF MALICIOUS MISCHIEF
BUILDING DEDICATED TO RELIGIOUS WORSHIP AND THEIR
215
DEPENDENCIES .................................................... 200 ARTICLE 329 - OTHER MISCHIEFS......................... 215
ARTICLE 302 - IN AN UNINHABITED PLACE OR PRIVATE ARTICLE 330 - DAMAGE AND OBSTRUCTION TO MEANS OF
BUILDING.............................................................. 200 COMMUNICATION .................................................. 215
ARTICLE 303 - ROBBERY OF CEREALS, FRUITS OR ARTICLE 331 – DESTROYING OR DAMAGING STATUES,
FIREWOOD IN AN INHABITED PLACE OR PUBLIC MONUMENTS OR PAINTINGS ..................... 215
PRIVATE BUILDING ............................................... 200
ARTICLE 304 - POSSESSION OF PICKLOCK OR SIMILAR
TOOLS ................................................................... 201
CHAPTER 10: EXEMPTION FROM CRIMINAL
LIABILITY ........................................................... 215
ARTICLE 305 - DEFINES FALSE KEYS ................... 201
ARTICLE 332 - EXEMPTION FROM CRIMINAL LIABILITY IN
CRIMES AGAINST PROPERTY ................................ 215
CHAPTER 2: BRIGANDAGE THEFT ....................................................................
215
(ARTICLES 306-307) ........................................ 201 DESTRUCTIVE ARSON ...........................................216
ARTICLE 306 - WHO ARE BRIGANDS ..................... 201 ROBBERY WITH HOMICIDE .................................... 216
ARTICLE 307 - AIDING AND ABETTING A BAND OF ROBBERY WITH RAPE ...........................................216
BRIGANDS ............................................................. 201 QUALIFIED THEFT (ABUSE OF CONFIDENCE) ........ 216
THEFT (CORPUS DELICTI)...................................... 216
CHAPTER 3: THEFT ........................................ 202 THEFT; ATTEMPTED OR CONSUMMATED ONLY..... 216
ARTICLE 308 - WHO ARE LIABLE FOR THEFT ....... 202 ROBBERY WITH HOMICIDE; (ABSORPTION THEORY
ARTICLE 309 - PENALTIES .................................... 203 APPLIED) ................................................................ 217
ARTICLE 310 - QUALIFIED THEFT.......................... 203 ESTAFA; ESSENCE OF MISAPPROPRIATION ........... 217
RA 6539: ANTI-CARNAPPING LAW ........................ 203 ESTAFA (SALE OF JEWELRY; FAILURE TO RETURN)
PD 533 ANTI-CATTLE RUSTLING LAW ................... 203 ............................................................................... 217
PD 704: ILLEGAL FISHING ..................................... 204
PD 1612: ANTI-FENCING LAW ............................. 204 ADDITIONAL NOTES ........................................ 217
ARTICLE 311 - THEFT OF THE PROPERTY OF THE NATIONAL THEFT ..................................................................... 217
LIBRARY AND NATIONAL MUSEUM ........................ 204 QUALIFIED THEFT ................................................... 217
ESTAFA .................................................................. 217
CHAPTER 4: USURPATION ........................... 204 BOUNCING CHECKS LAW ....................................... 217
ARTICLE 312 - OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN PROPERTY ....... 204
Title XI. Crimes against Title XIII. Crimes against
Chastity ................................................ 218 Honor ......................................................233
ARTICLE 333 - ADULTERY..................................... 218
ARTICLE 334 - CONCUBINAGE .............................. 219 CHAPTER I: LIBEL ........................................... 233
ARTICLE 335 – RAPE ............................................ 219 ARTICLE 353 - DEFINITION OF LIBEL .................... 233
ARTICLE 336 - ACTS OF LASCIVIOUSNESS ........... 219 ARTICLE 354 - REQUIREMENT FOR PUBLICITY ..... 234
ARTICLE 337 - QUALIFIED SEDUCTION ................. 220 ARTICLE 355 - LIBEL BY WRITING OR SIMILAR MEANS 235
ARTICLE 338 - SIMPLE SEDUCTION ...................... 222 ARTICLE 356 - THREATENING TO PUBLISH AND OFFER TO
ARTICLE 339 - ACTS OF LASCIVIOUSNESS WITH THE PREVENT SUCH PUBLICATION FOR A COMPENSATION
CONSENT OF THE OFFENDED PARTY .................... 222 236
ARTICLE 340 - CORRUPTION OF MINORS.............. 222 ARTICLE 357 - PROHIBITED PUBLICATION OF ACTS
ARTICLE 341 - WHITE SLAVE TRADE .................... 223 REFERRED TO IN THE COURSE OF OFFICIAL PROCEEDINGS
ARTICLE 342 - FORCIBLE ABDUCTION .................. 223 (GAG LAW) ............................................................ 236
ARTICLE 343 - CONSENTED ABDUCTION .............. 223 ARTICLE 358 - SLANDER ...................................... 236
ARTICLE 344 - PROSECUTION OF PRIVATE OFFENSES 224 ARTICLE 359 - SLANDER BY DEED........................ 236
ARTICLE 345: CIVIL LIABILITY ............................... 226 ARTICLE 360 - PERSONS RESPONSIBLE FOR LIBEL
ARTICLE 346 – LIABILITY OF ASCENDANTS, GUARDIANS, .............................................................................. 237
TEACHERS AND OTHER PERSONS ENTRUSTED WITH THE ARTICLE 361 - PROOF OF TRUTH .......................... 238
CUSTODY OF THE OFFENDED PARTY .................... 226 ARTICLE 362 - LIBELOUS REMARKS ..................... 238

RA 9995: ANTI-PHOTO AND VIDEO VOYEURISM CHAPTER II: INCRIMINATORY


ACT OF 2009 ..................................................... 227 MACHINATIONS ............................................... 238
ARTICLE 363 - INCRIMINATING INNOCENT PERSON
RA 7610: SPECIAL PROTECTION OF CHILDREN .............................................................................. 238
AGAINST CHILD ABUSE, EXPLOITATION AND ARTICLE 364 - INTRIGUING AGAINST HONOR ....... 238
DISCRIMINATION ............................................. 227

RA 9208: ANTI-TRAFFICKING IN PERSONS ACT Title XIV. Quasi-Offenses . 241


228
ARTICLE 365 - IMPRUDENCE AND
RA 9262: ANTI-VIOLENCE AGAINST WOMEN NEGLIGENCE .................................................... 241
AND THEIR CHILDREN ................................... 229

Title XII. Crimes against the


Civil Status of Persons . 230
CHAPTER I: SIMULATION OF BIRTHS AND
USURPATION OF CIVIL STATUS ................. 230
ARTICLE 347 - SIMULATION OF BIRTHS, SUBSTITUTION OF
ONE CHILD FOR ANOTHER, AND CONCEALMENT OR
ABANDONMENT OF A LEGITIMATE CHILD .............. 230
ARTICLE 348 - USURPATION OF CIVIL STATUS ..... 230

CHAPTER II: ILLEGAL MARRIAGES ........... 230


ARTICLE 349 – BIGAMY ........................................ 230
ARTICLE 350 - MARRIAGE CONTRACTED AGAINST
PROVISIONS OF LAWS ............................................ 231
ARTICLE 351 - PREMATURE MARRIAGE................. 231
ARTICLE 352 - PERFORMANCE OF ILLEGAL MARRIAGE
CEREMONY............................................................ 232
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Fundamental Principles Mala in Se Mala Prohibita


execution stages: of execution
DEFINITION OF CRIMINAL LAW attempted,
frustrated &
CRIMINAL LAW– that branch of public consummated
substantive law which defines crimes, treats of
their nature, and provides for their punishment. As to persons The principal, Generally, only
[Reyes, citing 12 Cyc. 129] criminally liable accomplice & the principal is
accessory. liable.
MALA IN SE AND MALA PROHIBITA Penalty is Penalty of
Mala in se(“evil in itself”) – A crime or an act computed on the offenders is
that is inherently immoral, such as murder, basis of whether same whether
arson or rape. [Black’s Law Dictionary, 9th Ed.] he is a principal they acted as
offender or mere
Mala prohibita(“prohibited evil”) – An act that is merely an accomplices or
a crime merely because it is prohibited by accomplice or accessories
statute, although the act itself is not necessarily accessory
immoral. [Black’s Law Dictionary, 9th Ed.] As to what laws Generally, the Generally,
are violated RPC. special laws.
Mala in Se Mala Prohibita As to division of Penalties may be There is no such
penalties divided into division of
As to nature Wrong from its Wrong because
degrees and penalties.
very nature. it is prohibited
periods.
by law.
As to use of good GF a valid GF is not a (a) Dolo is not required in crimes mala prohibita.
faith as defense defense, unless defense. (b) In those crimes which are mala prohibita, the
the crime is the act alone irrespective of its motives,
result of culpa constitutes the offense.
As to WON Criminal intent is Criminal intent (c) Good faith and absence of criminal intent are
criminal intent is an element. is immaterial, not valid defenses in crimes mala prohibita.
an element BUT still (d) When the acts are inherently immoral, they are
requires mala in se, even if punished under special law,
intelligence & like plunder which requires proof of criminal
voluntariness intent. [Estrada v. Sandiganbayan (2001)]
(e) Where malice is a factor, good faith is a defense.
As to degree of Degree of The act gives (f) A crime in the RPC can absorb a crime punishable
accomplishment accomplishment rise to a crime by a special lawif it is a necessary ingredient of
of crime is taken into only when the felony defined in the Code but a special law
account for the consummated. can never absorb a crime punishable under the
punishment. RPC, because violations of the Revised Penal
As to mitigating They are taken They are not Code are more serious than a violation of a
and aggravating into account in taken into special law. [People v. Rodriguez (1960)]
circumstances imposing penalty account. (g) The crime of cattle-rustling is not malum
prohibitum but a modification of the crime of
As to degree of When there is Degree of
theft of large cattle under the RPC (i.e. there
participation more than one participation is
are special laws which only modify crimes
offender, the generally not
under the RPC therefore still mala in se).
degree of taken into
[People v. Martinada]
participation of account. All
each in the who
CRIMINAL LAW V. CRIMINAL PROCEDURE
commission is participated in
taken into the act are Criminal Law Criminal Procedure
account. punished to the
same extent. It is substantive. It is remedial.

As to stages of There are three No such stages Prospective in application.


Retroactive in application.

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Criminal Law Criminal Procedure (4) Eclectic/Mixed


(a) Combines both positivist and classical
Exception: If it is favorable thinking.
to the accused. (b) Crimes that are economic and social by
nature should be dealt with ina positivist
Exception To The manner; thus, the law is more
Exception: compassionate.
(1) When the accused (c) Heinous crimes should be dealt with in a
is a habitual classical manner; thus, capital punishment.
delinquent. (Art. 22)
(2) Where the new law Note: The Revised Penal Code today follows the
expresslymade mixed or eclectic philosophy.
inapplicable to
pending actions or RELATION OF RPC TO SPECIAL LAWS: SUPPLETORY
existing causes of APPLICATION OF RPC
actions. [Tavera v. General rule: RPC provisions supplement the
Valdez] provisions of special laws. [Art. 10, RPC]
Statutory; it is passed by May be promulgated by
Exceptions:
the Legislature. the Legislature (e.g. (1) Where the special law provides otherwise.
jurisdiction of courts) or
[Art.10, RPC]
the Judiciary (e.g. Rules of
(2) When the provisions of the Code are impossible
Court) of application, either by express provision or by
necessary implication, as in those instances
STATE AUTHORITY TO PUNISH CRIME where the provisions in question are peculiar to
Art. II, Sec. 5 (1987 Constitution).Declaration of the Code. [Regalado, Criminal Law Prospectus]
Principles and State Policies. The maintenance
of peace and order, the protection of life, liberty In the absence of contrary provision in B.P. Blg.
and property, and promotion of the general 22, the general provisions of the RPC which, by
welfare are essential for the enjoyment by all the their nature, are necessarily applicable, may be
people of the blessings of democracy. applied suppletorily. [Ladonga v. People (2005)]

SOURCES OF CRIMINAL LAW CONSTRUCTION OF PENAL LAWS


(1) The Revised Penal Code (Act No. 3815) - Created
pursuant to Administrative Order No. 94; enacted Strict construction against the State and
January 1, 1932; based on the Spanish Penal Code, liberally in favor of the accused
US Penal Code, and Phil. Supreme Court decisions.
(2) Special penal laws and penal Presidential Pro Reo Doctrine – Whenever a penal law is to be
Decrees issued during Martial Law. construed or applied and the law admits of two
interpretations - one lenient to the offender and one
PENAL LEGISLATION strict to the offender, that interpretation which is
Schools of Thought (PUCE) lenient or favorable to the offender will be adopted.
(1) Utilitarian Theory
Primary purpose: Protection of society from Basis: The fundamental rule that all doubts shall
actual or potential wrongdoers. be construed in favor of the accused and
(2) Classical Theory presumption of innocence of the accused.
(a) Primary purpose:Retribution.
(b) Basis of criminal liability: Human free will. Art. III, Sec. 14 (2), 1987 Const. In all criminal
(c) Endeavored to establish a mechanical and prosecutions, the accused shall be presumed
direct proportion between crime and penalty; innocent until the contrary is proved.
there is scant regard to human element. Note: This is peculiar only to criminal law.
(3) Positivist Theory
(a) Primary purpose: Reformation;
Equipoise Rule – When the evidence of the
prevention/correction.
prosecution and the defense are equally balanced,
(b) Basis of criminal liability: The sum of the the scale should be tilted in favor of the accused in
social, natural and economic phenomena obedience to the constitutional presumption of
to which the actor is exposed.

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innocence. [Ursua v. CA (1996); Corpuz v. Art. V, VFA, which defines criminal jurisdiction
People (1991)] over United States military and civilian personnel
temporarily in the Philippines in connection with
Spanish text of the RPC prevails overs its activities approved by the Philippine Government.
English translation
In the construction or interpretation of the provision of The US and Philippines agreed that:
the RPC, the Spanish text is controlling, because it (a) US shall have the right to exercise within the
was approved by the Philippine Legislature in its Philippines all criminal and disciplinary
Spanish text. [People v. Manaba (58 Phil 665. 668)] jurisdiction conferred on them by the military
law of the US over US personnel in RP;
There are incorrect translations of the Spanish (b) US authorities exercise exclusive jurisdiction
text into the English text in the RPC. over US personnel with respect to offenses,
including offenses relating to the security of
Retroactive application if favorable to the the US punishable under the law of the US,
accused See Characteristics of Criminal Law, but not under the laws of RP;
Prospectivity and Art. 22, RPC. (c) US military authorities shall have the primary
right to exercise jurisdiction over US
Prescribed, but undeserved penalties personnel subject to the military law of the
In case of excessive penalties, the court shall US in relation to:
not suspend the execution of the sentence [par. (i) Offenses solely against the property or
2, Art. 5, RPC] security of the US or offenses solely against
the property or person of US personnel; and
SCOPE OF APPLICATION AND (ii) Offenses arising out of any act or
CHARACTERISTICS OF PHILIPPINE omission done in performance of official
CRIMINAL LAW duty. [Reyes, The RPC]

Criminal law has three (3) characteristics: (PGT) Rule on Jurisdiction under the VFA:
(1) General (a) If the crime is punishable under Philippine
(2) Territorial laws but not under US laws then Philippines
(3) Prospective has exclusive jurisdiction.
(b) If the crime is punishable under US laws but
GENERALITY not under Philippine laws then US has
General rule: The penal law of the country is exclusive jurisdiction.
binding on all persons who live or sojourn in (c) If the crime is punishable under the US and
Philippine territory, subject to the principles of Philippine laws then there is concurrent
public international law and to treaty stipulations. jurisdiction but the Philippines has the right
[Art. 14, NCC] to primary jurisdiction.
(d) If the crime is committed by a US personnel
Exception: against the security and property of the US
alone then US has exclusive jurisdiction.
Art. 2, RPC. “Except as provided in the treaties
or laws of preferential application xxx”. (2) Laws of Preferential Application

Art. 14, NCC. “xxx subject to the principles of Examples:


public international law and to treaty stipulations.” (a) Members of Congress are not liable for libel
or slander for any speech in Congress or in
(1) Treaty Stipulations any committee thereof. (Sec. 11, Art. VI,
1987 Constitution)
Examples: (b) Any ambassador or public minister of any
(a) Bases Agreement entered into by the foreign State, authorized and received as such
Philippines and the US on Mar. 14, 1947 and by the President, or any domestic or domestic
expired on Sept. 16, 1991. servant of any such ambassador or minister are
(b) Visiting Forces Agreement (VFA)is an exempt from arrest and imprisonment and
agreement between the Philippine and US whose properties are exempt from distraint,
Government regarding the treatment of US seizure and attachment. (R.A. No. 75)
Armed Forces visiting the Philippines. It was
signed on Feb. 10, 1998.

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R.A. No. 75 penalizes acts which would impair Exception:


the proper observance by the Republic and Extraterritorial Crimes, which are punishable
inhabitants of the Philippines of the immunities, even if committed outside the Philippine territory
rights, and privileges of duly accredited foreign [Art. 2, RPC]
diplomatic representatives in the Philippines.
Par. 1: Crimes committed aboard Philippine
Warship Rule – A warship of another country, ship or airship:
even though docked in the Philippines, is
considered an extension of the territory of its The RPC is applied to Philippine vessels if the
respective country. This also applies to embassies. crime is committed while the ship is treading:
(a) Philippine waters (intraterritorial), or
(3) Principles of Public International Law (b) The high seas i.e. waters NOT under the
jurisdiction of any State (extraterritorial)
The following persons are exempt from the
provisions of the RPC: Two rules as to jurisdiction over crimes
(1) Sovereigns and other heads of state committed aboard merchant vessels while in the
(2) Ambassadors, ministers, plenipotentiary, minister territorial waters of another country (i.e. a foreign
resident and charges d’ affaires. (Article 31, vessel treading Philippine waters OR Philippine
Vienna Convention on Diplomatic Relations) vessels treading foreign waters):

Note: Consuls and consular officers are NOT (1) French Rule: It is the flag or nationality of the
exempt from local prosecution. [See Article 41, vessel which determines jurisdiction UNLESS
Vienna Convention on Consular Relations] the crime violates the peace and order of the
host country.
(a) Public vessels of a friendly foreign power are (2) English Rule: the location or situs of the crime
not subject to local jurisdiction. determines jurisdiction UNLESS the crime merely
(b) Generality has NO reference to territoriality. relates to internal management of the vessel.

TERRITORIALITY (a) The Philippines adheres to the ENGLISH RULE.


Art. 2, RPC embraces two scopes of applications: (b) However, these rules are NOT applicable if the
(1) Intraterritorial – refers to the application of vessel is on the high seas when the crime was
the RPC within the Philippine territory (land, committed. In these cases, the laws of the
air and water). nationality of the ship will always apply.
(2) Extraterritorial – refers to the application of (c) When the crime is committed in a war vessel of
the Revised Penal Code outside the a foreign country, the nationality of the vessel
Philippine territory. will always determine jurisdiction because war
vessels are part of the sovereignty of the
General rule: Penal laws of the country have country to whose naval force they belong.
force and effect only within its territory.
(a) It cannot penalize crimes committed outside Note: The country of registry determines the
its territory. nationality of the vessel, NOT ITS
(b) The national territory comprises the Philippine OWNERSHIP. A Filipino-owned vessel
Archipelago… [Art. I, 1987 Constitution]. registered in China must fly the Chinese flag.
(c) The territory of the country is not limited to
the land where its sovereignty resides but International Theories on Aerial
includes also its maritime and interior waters Jurisdiction (1) Free Zone Theory
as well as its atmosphere.[Art. 2, RPC] The atmosphere over the country is free and not
subject to the jurisdiction of the subjacent state,
(1) Terrestrial jurisdiction is the jurisdiction except for the protection of its national security
exercised over land. and public order.
(2) Fluvial jurisdiction is the jurisdiction exercised
over maritime and interior waters. (2) Relative Theory
(3) Aerial jurisdiction is the jurisdiction exercised The subjacent state exercises jurisdiction over
over the atmosphere. the atmosphere only to the extent that it can
effectively exercise control thereof.

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(3) Absolute Theory (c) in a foreign country.


The subjacent state has complete jurisdiction over
the atmosphere above it subject only to the Par. 5: Commit any of the crimes against
innocent passage by aircraft of a foreign country. national security and the law of nations,
(Title One, Book 2, RPC)
Under this theory, if the crime is committed in an
aircraft, no matter how high, as long as it can be Crimes against national security:
established that it is within the Philippine (i) Treason (A.114)
atmosphere, Philippine criminal law (See Anti- (ii) Conspiracy and proposal to commit treason
Hijacking Law) will govern. (A.115)
(iii) Misprision of treason (A.116)
Note: The Philippines adopts the Absolute Theory. (iv) Espionage (A.117)

Par. 2: Forging/Counterfeiting and Coins or Crimes against the law of nations:


Currency Notes in the Philippines (i) Inciting to war or giving motives for reprisals
(A.118)
Forgery is committed abroad, and it refers only (ii) Violation of neutrality (A.119)
to Philippine coin, currency note, obligations and (iii) Correspondence with hostile country (A.120)
securities. (iv) Flight to enemy’s country (A.121)
(v) Piracy in general and mutiny on the high
Par. 3: Should introduce into the country the seas or in Philippine waters (A.122)
above-mentioned obligations and securities.
Note: Crimes against public order (e.g., rebellion,
The reason for this provision is that the introduction coup d’etat, sedition) committed abroad is under
of forged or counterfeited obligations and securities the jurisdiction of the host country.
into the Philippines is as dangerous as the forging
or counterfeiting of the same, to the economic Terrorism is now classified as a crime against
interest of the country. national security and the law of nations. (See
R.A. 9372, Human Security Act of 2007).
Par. 4: When public officers or employees commit
an offense in the exercise of their functions. PROSPECTIVITY
General rule: Acts or omissions will only be
Crime committed pertains to the exercise of the subject to a penal law if they are committed
public official’s functions: AFTER a penal law has taken effect.

The crimes which may be committed are: Conversely, acts or omissions which have been
(i) Direct bribery (A.210) committed before the effectivity of a penal law
(ii) Qualified Bribery (A. 211-A) could not be penalized by such penal law.
(iii) Indirect bribery (A.211)
(iv) Corruption (A.212) Exception: Penal laws shall have a retroactive
(v) Frauds against the public treasury (A.213) effect, insofar as they favor the person guilty of a
(vi) Possession of prohibited interest (A.216) felony. [Art. 22, RPC]
(vii) Malversation of public funds or property (A. 217)
(viii) Failure to render accounts (A.218) Exception to the Exception:
(ix) Illegal use of public funds or property (A.220) (1) The new law is expressly made inapplicable to
(x) Failure to make delivery of public funds or pending actions or existing cause of actions; or
property (A.221) (2) The offender is a habitual criminal. [Art. 22,
(xi) Falsification by a public officer or employee RPC]
committed with abuse of his official position
(A.171) Effects of repeal/amendment of penal law
(xii) Those having to do with the discharge of (1) If the repeal makes the penalty lighter in the
their duties in a foreign country. new law,
(a) The new law shall be applied,
The functions contemplated are those, which (b) EXCEPT when the offender is a habitual
are, under the law: delinquent or when the new law is made
(a) to be performed by the public officer; not applicable to pending action or
(b) in the foreign service of the Phil. government; existing causes of action.

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(2) If the new law imposes a heavier penalty Act Prohibiting the Imposition of Death
(a) Law in force at the time of the commission Penalty in the Philippines (RA 9346)
of the offense shall be applied. Repealed the law imposing lethal injection (R.A.
8177) and the law imposing the death penalty
(3) If the new law totally repeals the existing law (R.A. 7659) (Sec. 1)
so that the act which was penalized under
the old law is no longer punishable, This Act also imposes the punishment of
(a) The crime is obliterated. reclusion perpetua for offenses under any act
(b) Pending cases are dismissed. using the nomenclature of the RPC (Sec. 2 (a))
(c) Unserved penalties imposed are remitted. and the punishment of life imprisonment for
offenses under any act which does not use the
(4) Rule of prospectivity also applies to judicial nomenclature of the RPC (Sec. 2(b))
decisions, administrative rulings and
circulars.[Art. 8, Civil Code] BILL OF ATTAINDER
Art. III, Sec. 22, 1987 Const. No ex post facto
Rationale for the prospectivity rule: the
law or bill of attainder shall be enacted.
punishability of an act must be reasonably known
for the guidance of society[Peo v. Jabinal].
Bill of Attainder- a legislative act that inflicts
punishment without trial, its essence being the
LEGALITY
substitution of legislative fiat for a judicial
Art. 21. No felony shall be punishable by any penalty determination of guilt.
not prescribed by law prior to its commission.
EX POST FACTO LAW
Nullum Crimen Nulla Poena Sine Lege –There is Ex Post Facto Law is one which:
no crime when there is no law punishing the same. (1) Makes criminal an act done before the
passage of the law and which was innocent
Limitation: Not every law punishing an act or when done, and punishes such an act.
omission may be valid as a criminal law. If the law (2) Aggravates a crime, or makes it greater than
punishing an act is ambiguous, it is null and void. it was, when committed;
(3) Changes the punishment and inflicts a
greater punishment than the law annexed to
CONSTITUTIONAL LIMITATIONS ON THE POWER the crime when committed;
OF CONGRESS TO ENACT PENAL LAWS (4) Alters the legal rules of evidence, and
authorizes conviction upon less or different
EQUAL PROTECTION testimony than the law required at the time
Art. III, Sec. 1, 1987 Const. No person shall be of the commission of the offense;
deprived of life, liberty, or property without due (5) Assumes to regulate civil rights and
process of law, nor shall any person be denied remedies only, in effect imposes penalty or
the equal protection of the laws. deprivation of a right for something which
when done was lawful; and
DUE PROCESS (6) Deprives a person accused of a crime some
lawful protection to which he has become
Art. III, Sec. 14 (1), 1987 Const. No person shall entitled, such as the protection of a former
be held to answer for a criminal offense without conviction or acquittal, or a proclamation of
due process of law. amnesty.[Reyes, The Revised Penal Code
citing In re: Kay Villegas Kami, Inc.]
NON-IMPOSITION OF CRUEL AND UNUSUAL
PUNISHMENT OR EXCESSIVE FINES OTHER CONSTITUTIONAL LIMITATIONS
Art III, Sec. 19, 1987 Const. Excessive fines shall (a) Must not provide imprisonment for non-payment of
not be imposed, nor cruel, degrading or inhuman debts or poll tax. [1987 Const. Art. III, Sec. 19 (1)]
punishment inflicted. Neither shall death penalty be (b) Must not restrict other constitutional
imposed, unless, for compelling reasons involving freedoms, e.g. due process, religion, free
heinous crimes, the Congress hereafter provides speech, and assembly.
for it. Any death penalty already imposed shall be
reduced to reclusion perpetua. BASIC MAXIMS IN CRIMINAL LAW
(1) Actus Non Facit Reum, Nisi Mens Sit Rea

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“The act cannot be criminal where the mind FELONIES: HOW COMMITTED
is not criminal.” Felonies are committed not only by means of
deceit (dolo) but also by means of fault (culpa).
The general rule is that, if it is proved that the
accused committed the criminal act charged, it will There is deceit when the act is performed with
be presumed that the act was done with criminal deliberate intent; and there is fault when the
intention. However, it must be borne in mind that wrongful act results from imprudence, negligence,
the act from which such presumption springs must lack of foresight, or lack of skill. [Art. 3, RPC]
be a criminal act. If the act was not unlawful and
was done in good faith then there is no crime. The CLASSIFICATION OF FELONIES
act of a person does not make him a criminal, Felonies are classified as follows: (MSG)
unless his mind be criminal. [US v. Catolico] (1) According to the manner of their commission
(2) According to the stages of their execution
(2) Actus Me Invito Factus Non Est Meus Actus (3) According to their gravity
“An act done by me against my will is not my
act.” Other classifications:
(4) As to count
(3) El Que Es Causa De La Causa Es Causa Del (5) As to nature
Mal Causado - “He who is the cause of the
cause is the cause of the evil caused.” (a) The purpose of classifying penalties is to
bring about a proportionate penalty and
(a) This is the rationale in par. 1 of Art. 4 which equitable punishment.
enunciates the doctrine of proximate cause. (b) The penalties are graduated according to
(b) He who commits an intentional felony is their degree of severity.
responsible for all the consequences which (1) The stages (Art. 6) may not apply to all
may naturally and logically result therefrom, kinds of felonies.
whether foreseen or intended or not. (2) There are felonies which do not admit of
division.

(1) According to the Manner of Their Commission


Under Art. 3, they are classified as:
Felonies (a) Intentional felonies – those committed
with deliberate intent; and
DIFFERENTIATING FELONIES, (b) Culpable felonies – those resulting from
OFFENSE, MISDEMEANOR AND CRIME negligence, reckless imprudence, lack of
FELONY – refers only to violations of the Revised foresight or lack of skill.
Penal Code.
(a) A crime punishable under a special law is not INTENTIONAL FELONY V. CULPABLE FELONY
referred to as a felony. “Crime” or “offense” is
the proper term. Intentional Culpable
(b) Importance: There are certain provisions in Act is malicious. Not malicious.
the RPC where the term “felony” is used,
which means that the provision is not With deliberate intent. Injury caused is
extended to crimes under special laws. unintentional, being just
an incident of another act
OFFENSE – A crime punished under a special law is performed without
called a statutory offense. malice.
Has intention to cause an Wrongful act results from
MISDEMEANOR –A minor infraction of the law, such injury. imprudence, negligence,
as a violation of an ordinance. lack of foresight, or lack of
skill.
CRIME –Whether the wrongdoing is punished under
the Revised Penal Code or under a special law, the (2) According to the Stages of Their Execution
generic word “crime” can be used. Under Art. 6, they are classified as:(AFC)
(a) Attempted
(b) Frustrated
(c) Consummated

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Note: The classification of stages of a felony in (i) the penalty is arresto menor, or a fine not
Article 6 is true only to crimes under the Revised exceeding P200, or both.
Penal Code. It does NOT apply to crimes
punished under special laws. Why is it necessary to determine whether the
crime is grave, less grave or light?
However, even certain crimes which are (1) To determine
punished under the Revised Penal Code do not (a) whether these felonies can be complexed
admit of these stages. or not;
(b) the prescription of the crime and
Related to this, classification of felonies as to: (c) the prescription of the penalty.
(a) Formal Crimes: Crimes which are (2) In other words, these are felonies classified
consummated in one instance. according to their gravity, stages and the
Example: ILLEGAL EXACTION under Art. 213 penalty attached to them.
(a) Take note that when the Revised Penal Code
Mere demanding of an amount different from speaks of grave and less grave felonies, the
what the law authorizes him to collect will definition makes a reference specifically to Art.
already consummate a crime, whether the 25 of the Revised Penal Code.
taxpayer pays the amount being demanded (b) Do not omit the phrase “In accordance
or not. with Art. 25” because there is also a
(b) Material Felonies: crimes that have various classification of penalties under Art. 26
stages of execution that was not applied.
(c) Felonies by omission: Crimes which have (c) This classification of felony according to
no attempted stage. gravity is important with respect to the
(d) Crimes which have NO FRUSTRATED STAGE: question of prescription of crimes.
the essence of the crime is the act itself. (d) If the penalty is a fine and exactly P200.00, it
(a) Rape – the slightest penetration already is only considered a light felony under Art. 9.
consummates the crime If the fine is imposed as an alternative
(b) Arson – the slightest burning already penalty or as a single penalty, the fine of
renders the crime complete. P200.00 is considered a correctional penalty
(c) Theft –“free disposition of the items stolen” under Art. 26, hence a less grave penalty.
is not in any way determinative of whether (e) If the penalty is exactly P200.00, apply Art.
the crime of theft has been produced. 26(with respect to prescription of penalties).
[Valenzuela vs. People (2007)] It is considered as a correctional penalty and
it prescribes in 10 years. If the offender is
(3) According to Their Gravity apprehended at any time within ten years,
Under Art. 9, felonies are classified as: he can be made to suffer the fine.
(a) Grave felonies – those to which the law
attaches the capital punishment or penalties (4) As to Count
which in any of their periods are afflictive; Plurality of crimes may be in the form of:
(i) Reclusion perpetua (a) Compound Crime,
(ii) Reclusion temporal (b) Complex crime; and
(iii) Perpetual or Absolute DQ (c) Composite crime.
(iv)Perpetual or Temporary Special DQ
(v) Prision mayor (5) As to Nature
(vi)Fine more than P6,000 (a) Mala in se
(b) Mala prohibita
(b) Less grave felonies– those to which the
law punishes with penalties which in their ELEMENTS OF CRIMINAL LIABILITY
maximum period is correctional;
(i) Prision correccional Elements of Felonies:
(ii) Arresto mayor (1) There must be an act or omission (actus
(iii) Suspension reus/physical act)
(iv)Destierro
(v) Fines equal to or more than P200 Act: Any kind of body movement which tends
to produce some effect in the external world;
(c) Light felonies– those infractions of law includes possession.
for the commission of which

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Omission: The failure to perform a positive (e) Intent which is a mental process
duty which one is bound to do under the law. presupposes the exercise of freedom and
the use of intelligence.
(2) That the act or omission must be punishable (f) If an act is proven to be unlawful, then intent
by the RPC. will be presumed prima facie. [U.S. v. Apostol]
(g) An honest mistake of fact destroys the
It is important that there is a law requiring the presumption of criminal intent which arises
performance of an act; if there is no positive from the commission of a felonious act.
duty, there is no liability. [People v. Oanis]
(h) Mens rea: "A guilty mind, a guilty or
(3) That the act is performed or the omission wrongful purpose or criminal intent."
incurred by means of dolo or culpa. [Black's Law Dictionary, 5th ed., p. 889]

DOLO Note: If any of the elements is absent, there is


Dolo is deliberate intent otherwise referred to as no dolo. If there is no dolo, there could be no
criminal intent, and must be coupled with intentional felony. [Visbal vs. Buban (2003)]
freedom of action and intelligence on the part of
the offender as to the act done by him. LIABILITY EVEN IN THE ABSENCE OF CRIMINAL INTENT
Exception to the requirement of criminal intent:
Intentional Felonies – The act or omission is (a) Felonies committed by CULPA.
performed or incurred with deliberate intent (with (b) Offenses MALA PROHIBITA.
malice) to cause an injury to another.
CATEGORIES OF CRIMINAL INTENT (GENERAL VS.
Requisites: (FII) SPECIFIC INTENT)
(1) Freedom
General Criminal Intent Specific Criminal Intent
(a) Voluntariness on the part of the person
who commits the act or omission. The intention to do The intention to commit a
(b) If there is lack of freedom, the offender is something wrong. definite act.
exempt from liability (i.e., presence of
Presumed from the mere Existence is not
irresistible force or uncontrollable fear)
doing of a wrong act. presumed.
(2) Intelligence The burden is upon the Since the specific intent is
(a) Capacity to know and understand the wrong doer to prove that an element of the crime,
consequences of one’s act. he acted without such the burden is upon the
(b) This power is necessary to determine the criminal intent. prosecution to establish
morality of human acts, the lack of which its existence.
leads to non-existence of a crime.
(c) If there is lack of intelligence, the offender (a) The general criminal intent is presumed from
is exempt from liability. (i.e., offender is an the criminal act and in the absence of any
imbecile, insane or under 15 years of age) general intent is relied upon as a defense; such
absence must be proved by the accused.
(3) Criminal Intent (b) Generally, a specific intent is not presumed. Its
(a) The purpose to use a particular means to existence, as a matter of fact, must be proved by
effect a result. the State just as any other essential element.
(b) The intent to commit an act with malice, (c) This may be shown, however, by the nature
being purely a mental state, is presumed of the act, the circumstances under which it
(but only if the act committed is was committed, the means employed and the
unlawful).Such presumption arises from the motive of the accused
proof of commission of an unlawful act. (d) In some particular felonies, proof of specific
(c) However, in some crimes, intent cannot be intent is required.
presumed being an integral element (e) In certain crimes against property, there must
thereof; so it has to be proven. be intent to gain (Art. 293 – robbery, Art 308
(d) Example: In frustrated homicide, specific intent – theft).
to kill is not presumed but must be proven; (f) Intent to kill is essential in attempted and
otherwise it is merely physical injuries. frustrated homicide (Art 6 in relation to Art
249), as well as in murder.

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(g) In forcible abduction (Art. 342), specific intent WRONGFUL ACT DIFFERENT FROM THAT INTENDED
of lewd designs must be proved. Art. 4. RPC. Criminal liability shall be incurred:
By any person committing a felony (delito)
DISTINCTION BETWEEN INTENT, DISCERNMENT
although the wrongful act done be different from
AND MOTIVE
that which he intended. xxx xxx xxx.
Intent – is the determination to do a certain thing, an
aim or purpose of the mind. It establishes the nature
When a person commits a felony with malice, he
and extent of culpability in intentional felonies.
intends the consequences of his felonious act.
Discernment – is the mental capacity to tell Rationale: el que es causa de la causa es
right from wrong. It is integral to the element of causa del mal causado (he who is the cause of
intelligence, NOT intent. the cause is the cause of the evil caused).
Motive – it is the moving power which impels Requisites:
one to do an act (ex. vengeance). Generally, it is
(1) An intentional felony has been committed.
not an essential element of a crime; hence, it (a) The felony committed should be one
need not be proved for purposes of conviction committed by means of dolo (with malice)
(except in certain cases enumerated below). because Art. 4, Par. 1 speaks of wrongful act
done different from that which he intended.
WHEN MOTIVE BECOMES MATERIAL IN DETERMINING
(b) The act should not be punished by a
CRIMINAL LIABILITY
special law because the offender violating
(1) When the act brings about variant crimes (e.g.
a special law may not have the intent to
kidnapping v. robbery [People v. Puno (1993)])
do an injury to another.
(2) When there is doubt as to the identity of the (c) No felony is committed when:
assailant. (i) the act or omission is not punishable
(3) When there is the need to ascertain the truth
by the RPC,
between two antagonistic versions of the crime. (ii) the act is covered by any of the justifying
(4) When the identification of the accused proceeds
circumstances enumerated in Art. 11.
from an unreliable source and the testimony is
inconclusive and not free from doubt.
(2) The wrong done to the aggrieved party be the
(5) When there are no eyewitnesses to the direct, natural and logical consequence of
crime, and when suspicion is likely to fall the felony committed by the offender.
upon a number of persons.
(6) When the evidence on the commission of the Proximate Cause - That cause, which, in a
crime is purely circumstantial.
natural and continuous sequence, unbroken
(a) Lack of motive can aid in achieving by any efficient intervening cause, produces
acquittal of the accused, especially where the injury without which the result would not
there is doubt as to the identity of the have occurred.
accused. [People v. Hassan (1988)]
(b) Proof of motive is not indispensable for a The proximate legal cause is that acting first
conviction, particularly where the accused and producing the injury, either immediately or
is positively identified by an eyewitness by setting other events in motion, all
and his participation is adequately constituting a natural and continuous chain of
established. [People v. Delos Santos] events, each having a close causal connection
(c) In the crime of murder, motive is not an with its immediate predecessor, the final event
element of the offense, it becomes in the chain immediately effecting the injury as
material only when the evidence is a natural and probable result of the cause
circumstantial or inconclusive and there is which first acted, under such circumstances
some doubt on whether the accused had that the person responsible for the first event
committed it. [People vs. Galano] should, as an ordinary prudent and intelligent
person, have reasonable ground to expect at
Note: Discernment does not indicate the the moment of his act or default that an injury to
presence of intent, merely intelligence [People v. some person might probably result therefrom.
Cordova (1993)]. Thus, discernment is [Vda. De Bataclan v. Medina (1957)]
necessary whether the crime is dolo or culpa.

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PROXIMATE CAUSE V. IMMEDIATE CAUSE V. If A’s act constitutes sufficient means to carry
REMOTE CAUSE out the graver felony, he cannot claim praeter
intentionem.
Proximate cause – see definition above.
The felony committed is not the proximate
Immediate cause – The last event in a chain of cause of the resulting injury when:
events, though not necessarily the proximate (1) There is an efficient intervening cause or an
cause of what follows. active force that intervened between the felony
committed and the resulting injury, and the
Remote cause – A cause that does not necessarily active force is a distinct act or fact absolutely
or immediately produce an event or injury. foreign from the felonious act of the accused; or
(2) The resulting injury is due to the intentional
Note: Criminal liability exists from the act of the victim.
concurrence of the mens rea and the actus reus.
The following are not efficient intervening cause:
Criminal liability for some felonies arises only (1) The weak or diseased physical condition of the
upon a specific resulting harm: victim, as when one is suffering from tuberculosis
(1) Homicide and its qualified forms requires or heart disease. [People v. Illustre]
DEATH of the victim to be consummated. (2) The nervousness or temperament of the victim,
(2) Estafa: requires that the victim incur damage as when a person dies in consequence of an
for criminal liability for the consummated internal hemorrhage brought on by moving
felony to arise. about against the doctor’s orders, because of
his nervous condition due to the wound inflicted
General rule: The offender is CRIMINALLY LIABLE on the accused. [People v. Almonte]
for ALL the natural and logical consequences of his (3) Causes which are inherent in the victim, such
felonious act, although not intended, if the felonious (a) the victim not knowing to swim and (b) the
act is the proximate cause of the resulting harm. victim being addicted to tuba drinking.
[People v. Buhay and People v. Valdez]
Thus, the person is still criminally liable although (4) Neglect of the victim or third person, such as
the wrongful act done be different from that the refusal by the injured party of medical
which he intended in the following cases: attendance or surgical operation, or the failure
of the doctor to give anti-tetanus injection to the
(1) Error in personae - mistake in the identity of injured person. [U.S. v. Marasigan]
the victim; injuring one person mistaken for (5) Erroneous or unskillful medical or surgical
another (Art. 49 – penalty for lesser crime in treatment, as when the assault took place in anu
its maximum period) outlaying barrio where proper modern surgical
(a) At least two subjects service was not available. [People v. Moldes]
(b) A has intent to kill B, but kills C
(c) Under Art. 3, if A hits C, he should have Omission– It is inaction, the failure to perform a
no criminal liability. But because of Art. 4, positive duty which a person is bound to do.
his act is a felony.
There must be a law requiring the doing or
(2) Aberratio ictus - mistake in the blow; when performing of an act.
offender intending to do an injury to one
person actually inflicts it on another (Art. 48 Punishable omissions in the RPC:
on complex crimes – penalty for graver (1) Art. 116: Misprision of treason.
offense in its maximum period) (2) Art. 137: Disloyalty of public officers or employees.
(a) There is only one subject. (3) Art. 208: Negligence and tolerance in
(b) The intended subject is a different subject, prosecution of offenses.
but the felony is still the same. (4) Art. 223: Conniving with or consenting to evasion.
(5) Art. 275: Abandonment of person in danger
(3) Praeter intentionem - injurious result is and abandonment of one’s own victim.
greater than that intended (Art. 13 – (6) Art. 276: Abandoning a minor
mitigating circumstance)
MISTAKE OF FACT
Mistake of Fact (Ignorantia Facti Excusat) – It is a
reasonable misapprehension of fact on the part of

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the person causing injury to another. Such CULPA


person is NOT criminally liable as he acted Culpa – The act or omission is not malicious;
without criminal intent. the injury caused being simply the incident of
(a) Under this principle, what is involved is the another act performed without malice.
lack of intent on the part of the accused. (a) Although there is no intentional felony, there
Therefore, the defense of mistake of fact is could be culpable felony.
an untenable defense in culpable felonies, (b) The element of criminal intent is replaced by
where there is no intent to consider. negligence, imprudence, lack of foresight or
(b) An honest mistake of fact destroys the lack of skill.
presumption of criminal intent which arises
upon the commission of a felonious act. Requisites:
(1) Freedom
Requisites: (2) Intelligence
(1) That the act done would have been lawful (3) Negligence, reckless imprudence, lack of
had the facts been as the accused believed foresight or lack of skill
them to be;
(2) That the intention of the accused in Is culpa merely a mode of committing a
performing the act should be lawful; crime or a crime in itself?
(3) That the mistake must be without fault or
carelessness on the part of the accused. (a) AS A MODE
When the accused is negligent, mistake of Under Art. 3, it is clear that culpa is just a
fact is not a defense.[People v. Oanis (1993)] modality by which a felony may be committed.

However,mistake of fact is NOT availing in People


v. Oanis (74 Phil. 257),because the police officers
were at fault when they shot the escaped convict Act of Dolo OR Act of Culpa
who was sleeping, without first ascertaining his
identity. (It is only when the fugitive is determined
FELONY
to fight the officers of law trying to catch him that
killing the former would be justified)

US v. Ah Chong (1910): A cook who stabs his People vs. Faller (1939): It was stated indirectly
roommate in the dark, honestly mistaking the latter that criminal negligence or culpa is just a mode
to be a robber responsible for a series of break-ins of incurring criminal liability.
in the area, and after crying out sufficient warnings
and believing himself to be under attack, cannot be In this case, the accused was charged with
held criminally liable for homicide. malicious mischief.

(1) Would the stabbing be lawful if the facts were Malicious mischief is an intentional negligence
really what the houseboy believed? Yes. If it under Article 327. Thus, there is no malicious
was really the robber and not the roommate mischief through simple negligence or reckless
then the houseboy was justified. imprudence because it requires deliberateness.
(2) Was the houseboy’s intention lawful? Yes.
He was acting out of self-preservation. The Supreme Court pointed out that although the
(3) Was the houseboy without fault or negligence? allegation in the information charged the accused with
Yes. His deliberate intent to defend himself with an intentional felony, yet the words feloniously and
the knife can be determined by the fact that he unlawfully, which are standard languages in an
cried out sufficient warnings prior to the act. information, covers not only dolo but also culpa
because culpa is just a mode of committing a felony.
Stabbing the victim whom the accused believed to
be an intruder showed a mistake of fact on his part (b) AS A CRIME
which led him to take the facts as they appear to In Art. 365, criminal negligence is an omission
him and was pressed to take immediate action. which the article specifically penalizes.

The concept of criminal negligence is the


inexcusable lack of precaution on the part of the
person performing or failing to perform an act.

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person or damage to property. Usually involves


Art. 365 creates a distinction between imprudence lack of skill.
and negligence; simple or reckless, one might think
that criminal negligence is the one being punished. Reason for punishing acts of negligence or
imprudence: A man must use his common
sense and exercise due reflection in all his acts;
Act of Dolo OR Act of Culpa it is his duty to be cautious, careful and prudent.

DOCTRINES CONCERNING CULPABLE CRIMES


INTENTIONAL CRIMINAL (1) Emergency Rule
(a) A person who is confronted with a sudden
NEGLIGENCE emergency may be left no time for thought
so he must make a speedy decision based
(ART 365) largely upon impulse or instinct.
(b) Importance: cannot be held to the same
conduct as one who has had an
People v. Buan (1968):The accused was driving opportunity to reflect, even though it later
a passenger bus. Allegedly because of his appears that he made the wrong decision.
recklessness, the bus collided with a jeep
injuring the passengers of the latter. (2) Doctrine Of “Last Clear Chance”
(a) The contributory negligence of the party
A case was filed against the accused for slight injured will NOT defeat the action if it be
physical injuries through reckless imprudence shown that the accused might, by the
for which he was tried and acquitted. exercise of reasonable care and prudence,
Prior to his acquittal, a case for serious physical have avoided the consequences of the
injuries and damage to property through negligence of the injured party.
reckless imprudence was filed. (b) Last Clear Chance is a defense by the
defendant in a damage suit against liability
Accused claimed that he was placed in twice in by transferring it to the plaintiff.
(c) Except: The doctrine is not applicable in
jeopardy.
criminal cases because the liability is penal in
Held: nature and thus liability cannot be transferred
to the other party. [Anuran v. Buno (1966)]
The second case must be dismissed.
(a) Once convicted or acquitted of a specific act (d) It is not a case between two parties
of reckless imprudence, the accused may not involved in an incident but rather between
be prosecuted again for the same act. an individual and the State.
(b) For the essence of the quasi-offense under
Art. 365 of the RPC lies in the execution of (3) Rule Of Negative Ingredient
an imprudent act which would be punishable (a) This is related to the doctrine of proximate
as a felony. cause and applicable when certain causes
(c) The law penalizes the negligent act and not leading to the result are not identifiable.
the result. (b) This rule states that:
(d) The gravity of the consequences is only taken (1) The prosecution must first identify what
into account to determine the penalty. It does the accused failed to do.
not qualify the substance of the offense. (2) Once this is done, the burden of
As the careless act is single, whether the injurious evidence shifts to the accused.
result should affect one person or several persons, (3) The accused must show that the failure
the offense remains one and the same, and cannot did not set in motion the chain of events
be split into different crimes and prosecutions. leading to the injury [Carillo v. People].

Negligence - Indicates deficiency of perception, IMPOSSIBLE CRIME


PURPOSE OF PUNISHING IMPOSSIBLE CRIMES – is to
failure to pay proper attention, and to use diligence
suppress criminal propensity or criminal tendencies.
in foreseeing the injury or damage impending to be
caused. Usually involves lack of foresight. Objectively, the offender has not committed a felony,
but subjectively, he is a criminal.
Imprudence - Indicates deficiency of action, failure
to take the necessary precaution to avoid injury to

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REQUISITES: MODIFIED CONCEPT OF IMPOSSIBLE CRIME


(1) That the act performed would be an offense Intod v. CA (1992):
against persons or property. (a) In this case, four culprits, all armed with
(2) That the act was done with evil intent. firearms and with intent to kill, went to the
(3) That its accomplishment is inherently intended victim’s house and after having
impossible, or that the means employed is pinpointed the latter’s bedroom, all four fired
either inadequate or ineffectual. at and riddled the said room with bullets,
(4) That the act performed should not constitute thinking that the intended victim was already
a violation of another provision of the RPC there as it was about 10:00 in the evening.
(b) It so happened that the intended victim did
(1) Inherent impossibility: The act intended by not come home that evening and so was not
the offender is by its nature one of impossible in her bedroom at that time.
accomplishment. (c) Eventually the culprits were prosecuted and
(2) There must be either: convicted by the trial court for attempted murder.
(a) Legal impossibility –The intended acts, (d) CA affirmed the judgment but the SC
even if completed, would not amount to a modified the same and held the petitioner
crime. Legal impossibility would apply to liable only for the so-called impossible crime.
those circumstances where: (e) As a result, petitioner-accused was sentenced
(i) the motive, desire and expectation is to to imprisonment of only six months of arresto
perform an act in violation of the law; mayor for the felonious act he committed with
(ii) there is intention to perform the intent to kill: this despite the destruction done to
physical act; the intended victim’s house.
(iii) there is a performance of the intended
physical act; and STAGES OF EXECUTION
(iv)the consequence resulting from the CLASSIFICATION UNDER ART. 6:
intended act does not amount to a (1) Consummated Felony – When all the elements
crime. [Intod v. CA] necessary for its execution and accomplishment
(b) Physical or factual impossibility – are present; the felony is produced.
Extraneous circumstances unknown to the (2) Frustrated Felony – When the offender
actor or beyond his control prevent the
performs all the acts of execution which
consummation of the intended crime.
would produce the felony as a consequence
but which, nevertheless, do not produce it by
(3) In the Philippines, impossibility of
reason of causes independent of the will of
accomplishing the criminal intent is not merely a
the perpetrator.
defense but an act penalized in itself.
(3) Attempted Felony – When the offender
(4) Since the offender in an impossible crime has commences the commission of a felony
already performed the acts for the execution directly by overt acts, and does not perform all
of the same, there could be no attempted
the acts of execution which should produce the
impossible crime. There is no frustrated
felony by reason of some cause or accident
impossible crime either, because the acts
other than his own spontaneous desistance.
performed by the offender are considered as
constituting a consummated offense.

DEVELOPMENT OF A CRIME
Elements of Criminal
Impossible Crime Attempted Frustrated Consummated
Liability
Lacking due to: Intervention other than
(i) inherent impossibility own desistance; some
Actus Reus (ii) employment of but not all acts of  
inadequate means execution
Mens Rea    
Concurrence    
Result    
Causation    

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DEVELOPMENT OF A CRIME nature in relation to its objective is ambiguous.


(1) INTERNAL ACTS The intention of the accused must be viewed
(a) Intent, ideas and plans; generally not from the nature of the acts executed by him, and
punishable. The intention and act must not from his admission.
concur.
(b) Illustration: Ernie plans to kill Bert Attempted and Frustrated Felonies – The
difference between the attempted stage and the
(2) EXTERNAL ACTS frustrated stage lies in: whether the offender has
(a) Preparatory Acts performed all the acts of execution for the
(a) Acts tending toward the crime. accomplishment of a felony.
(b) Ordinarily not punished except when
considered by law as independent crimes
(i.e. Art. 304 – possession of picklocks)
Attempted Felony Frustrated Felony
(c) Proposal and conspiracy to commit a Acts performed
felony are not punishable except
when the law provides for their Overt acts of execution All acts of execution are
punishment in certain felonies. are started finished
(d) These acts do not yet constitute even BUT BUT
the first stage of the acts of execution. Not all acts of execution Crime sought to be
(e) Intent not yet disclosed. are present committed is not achieved
(f) Illustration: Ernie goes to the kitchen Why
to get a knife.
(b) Acts of Execution Due to reasons other than
the spontaneous Due to intervening causes
(a) Usually overt acts with a logical relation independent of the will of
to a particular concrete offense. desistance of the the perpetrator
(b) Punishable under the RPC. perpetrator
(c) Illustration: Ernie stabs Bert Position in the timeline

A commission of the felony is deemed Offender is already in the


commenced when the following are present: Offender still in subjective objective phase
because
(1) There are external acts.
(2) Such external acts have a direct connection phase because he still has all acts of execution are
with the crime intended to be committed. control of his acts, already present and the
including their natural cause of its non-
Indeterminate Offense – It is one where the purpose cause. accomplishment is other
of the offender in performing an act is not certain. Its than the offender’s will

(1) ATTEMPTED STAGE


Elements: (a) Marks the commencement of the
(a) The offender commences the commission of subjective phase:
the felony directly by overt acts; (b) Subjective phase - That portion of the acts
(b) He does not perform all the acts of constituting a crime, starting from the point where
execution which should produce the felony; the offender begins the commission of the crime to
(c) The non-performance of all acts of execution that point where he still has control over his acts
was due to cause or accident other than his including their (act’s) natural course
own spontaneous desistance. (c) If between those two points, the offender is
stopped by reason of any cause outside of his
Overt Act – Some physical activity or deed, own voluntary desistance, the subjective phase
indicating the intention to commit a particular has not been passed and it is merely an attempt.
crime, more than a mere planning or preparation, (d) Desistance – is an absolutory cause which
which if carried to its complete termination negates criminal liability because the law
following its natural course, without being frustrated encourages a person to desist from
by external obstacles nor by the voluntary committing a crime.
desistance of the perpetrator, will logically and (e) But, it does not negate all criminal liability, if
necessarily ripen into a concrete offense. the desistance was made when acts done by
him already resulted in a felony,

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(f) The offender will still be criminally liable for FRUSTRATED STAGE
the felony brought about by his act. Elements:
(g) What is negated is only the attempted stage, but (a) The offender performs all the acts of execution;
there may be other felonies arising from his act. (b) All the acts performed would produce the
felony as a consequence;
Note: Desistance is true only in the attempted (c) But the felony is not produced;
stage of the felony. (d) By reason of causes independent of the will
of the perpetrator.
(a) If the felony is already in its frustrated stage,
desistance will NOT negate criminal liability. (1) The end of the subjective phase and the
(b) In the attempted stage, the definition uses beginning of the objective phase.
the word “directly.” (2) Objective phase – the result of the acts of
(c) The word “directly” emphasizes the requirement execution, that is, the accomplishment of the
that the attempted felony is that which is directly crime.
linked to the overt act performed by the (3) If the subjective and objective phases have
offender, not the felony he has in his mind. been passed there is a consummated felony.
(d) There are some acts which are ingredients of a
certain crime, but which are, by themselves, People v. Listerio (2000): Brothers Jeonito and
already criminal offenses like in the case of Marlon were walking when they met a group
People v. Lamahang (1935) where the act of composed of men who blocked their path and
removing the panel indicates only at most the attacked them with lead pipes and bladed
intention to enter, he can only be prosecuted for weapons. One stabbed Jeonito from behind.
trespass and not robbery. Jeonito’s brother, Marlon, was hit on the head.

People v. Campuhan (2000):The mother of the 4- Held:


year-old victim caught the houseboy Campuhan in (1) The SC held that the crime is a frustrated felony
the act of almost raping her daughter. not an attempted offense considering that after
being stabbed and clubbed twice in the head as
The hymen of the victim was still intact. a result of which he lost consciousness and fell.
However, since it was decided in People v. Orita Marlon's attackers apparently thought he was
that entry into labia is considered rape even already dead and fled.
without rupture and full penetration of the (2) A crime cannot be held to be attempted unless
hymen, a question arises whether what the offender, after beginning the commission of
transpired was attempted or consummated rape. the crime by overt acts, is prevented, against
his will, by some outside cause from performing
Held: all of the acts which should produce the crime.
(a) There was only attempted rape. (3) In other words, to be an attempted crime, the
(b) Mere touching of external genitalia by the purpose of the offender must be thwarted by a
penis is already rape. foreign force or agency which intervenes and
(c) Touching should be understood as inherently part compels him to stop prior to the moment when
of entry of penis penetration and not mere he has performed all of the acts which should
touching, in the ordinary sense, of the pudendum. produce the crime as a consequence, which
(d) Requires entry into the labia, even if there be no acts it is his intention to perform.
rupture of the hymen or laceration of the vagina, to If he has performed all the acts which should
warrant a conviction for consummated rape. result in the consummation of the crime and
(e) Where entry into the labia has not been voluntarily desists from proceeding further, it
established, the crime amounts to an cannot be an attempt.
attempted rape.
(f) The prosecution did not prove that CRIMES WHICH DO NOT ADMIT OF FRUSTRATED STAGE
Campuhan’s penis was able to penetrate (1) Rape
victim’s vagina because the kneeling position (a) The essence of the crime is carnal knowledge.
of the accused obstructed the mother’s view (b) No matter what the offender may do to
of the alleged sexual contact. The testimony accomplish a penetration, if there was no
of the victim herself claimed that penis penetration yet, it cannot be said that the
grazed but did not penetrate her organ. offender has performed all the acts of
(g) There was only a shelling of the castle but no execution.
bombardment of the drawbridge yet.

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(c) We can only say that the offender in rape (c) Disposition of the stolen goods is not an
has performed all the acts of executionwhen element of theft under the RPC.
he has effected a penetration.
(d) Once there is penetration, no matter how Rule of thumb: Felonies that do not require any
slight it is, the offense is consummated. result do not have a frustrated stage.
For this reason, rape admits only of the
attempted and consummated stages, no Factors in Determining the Stage of
frustrated stage. [People v. Orita] Execution of a Felony
(1) The manner of committing the crime;
(2) Arson (2) The elements of the crime; and
(a) One cannot say that the offender, in the (3) The nature of the crime itself.
crime of arson, has already performed all
the acts of execution which could These three factors are helpful in trying to
produce the destruction of the premises pinpoint whether the crime is still in its
through the use of fire, unless a part of attempted, frustrated or consummated stage.
the premises has begun to burn.
(b) The crime of arson is therefore (1) The Manner of Committing the Crime
consummated even if only a portion of the (a) Formal Crimes - consummated in one
wall or any part of the house is burned. The instant, no attempt.
consummation of the crime of arson does (i) Ex. Slander and false testimony
not depend upon the extent of the damage (ii) There can be no attempt, because
caused. (People v. Hernandez) between the thought and the deed,
there is no chain of acts that can be
(3) Bribery and Corruption of Public Officers severed.
(a) The manner of committing the crime (b) Crimes consummated by mere attempt
requires the meeting of the minds or proposal by overt act.
between the giver and the receiver. (i) Ex. Flight to enemy’s country (Art. 121)
(b) If there is a meeting of the minds, there is and corruption of minors (Art. 340)
consummated bribery or consummated (c) Felony by omission
corruption. (i) There can be no attempted stage
(c) If there is none, it is only attempted. when the felony is by omission,
because the offender does not
(4) Adultery execute acts, he omits to perform an
(a) This requires the sexual contact between act which the law requires him to do.
two participants. (d) Crimes requiring the intervention of two
(b) If that link is present, the crime is persons to commit them are
consummated; consummated by mere agreement.
(i) In bribery, the manner of committing
(5) Physical Injuries the crime requires the meeting of
(a) Under the Revised Penal Code, the the minds between the giver and the
crime of physical injuries is penalized on receiver.
the basis of the gravity of the injuries. (ii) When the giver delivers the money
(b) There is no simple crime of physical to the supposed receiver, but there
injuries. There is the need to categorize is no meeting of the minds, the only
because there are specific articles that act done by the giver is an attempt.
apply whether the physical injuries are (e) Material Crimes – have three stages of
serious, less serious or slight. execution
(c) Thus, one could not punish the attempted Thus, in determining the stage of some
or frustrated stage because one does not crimes, the manner of execution
know what degree of physical injury was becomes pivotal in determining the end
committed unless it is consummated. of the subjective phase, i.e. once the
offender performs the act in the manner
(6) Theft provided for in the law, HE IS ALREADY
(a) Once there is unlawful taking, theft is DEEMED TO HAVE PERFORMED
consummated. EVERY ACT FOR ITS EXECUTION.
(b) Either the thing was taken or not.

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(2) The Elements of the Crime Conspiracy to commit -


(a) Along with the manner of execution, (a) Treason (Art. 115)
there are crimes wherein the existence (b) Rebellion (Art. 136)
of certain elements becomes the factor (c) Insurrection (Art. 136)
in determining its consummation. (d) Coup d’état, (Art. 136)
(b) In the crime of estafa, the element of (e) Sedition (Art. 141)
damage is essential before the crime could (f) Monopolies and combinations in restraint of
be consummated. If there is no damage, trade, espionage (Art. 186)
even if the offender succeeded in carting (g) Illegal association (Art. 147)
away the personal property involved, estafa (h) Highway Robbery (P.D. 532)
cannot be considered as consummated. (i) Espionage (Sec. 3, C.A. 616)
(c) On the other hand, if it were a crime of (j) Selected acts under the Dangerous Drugs Acts
theft, damage or intent to cause (k) Arson
damage is not an element of theft. (l) Terrorism (R.A. 9372)
(d) What is necessary only is intent to
gain, not even gain is important. Proposal to commit –
(e) In the crime of abduction, the crucial (a) Treason (Art. 115)
element is the taking away of the (b) Coup d’ etat (Art. 136)
woman with lewd designs. (c) Rebellion (Art. 136)
(d) Inducement not to answer summons, appear
(3) The Nature of the Crime Itself or be sworn in Congress, etc. (Art. 150)
(a) In defining of the frustrated stage of crimes
involving the taking of human life (parricide, Rationale: Conspiracy and proposal to commit a
homicide, and murder),it is indispensable crime are only preparatory acts and the law
that the victim be mortally wounded. regards them as innocent or at least permissible
(b) Hence, the general rule is that there must except in rare and exceptional cases.
be a fatal injury inflicted, because it is
only then that death will follow. CONSPIRACY AS A FELONY, DISTINGUISHED FROM
CONSPIRACY AS A MANNER OF INCURRING CRIMINAL
CONSPIRACY AND PROPOSAL LIABILITY:
Conspiracy – exists when two or more persons come (a) As a felony, conspirators do not need to
to an agreement concerning the commission of a actually commit treason, rebellion,
felony and decide to commit it. (Article 8, RPC). insurrection, etc., it being sufficient that two or
more persons agree and decide to commit it.
Requisites of conspiracy: (b) As a manner of incurring criminal liability, if
(1) Two or more persons come to an agreement. they commit treason, rebellion, etc., they will
be held liable for it, and the conspiracy
Agreement presupposes meeting of the which they had before committing the crime
minds of two or more persons. is only a manner of incurring criminal
liability, not a separate offense.
(2) The agreement pertains to a commission of
a felony. In conspiracy, the act of one is the act of all.

(3) The execution of the felony was decided upon. General rule: When the conspiracy is established, all
who participated therein, irrespective of the quantity
Agreement to effect what has been or quality of his participation is liable equally, whether
conceived and determined. conspiracy is pre-planned or instantaneous.

Note: There must be participation in the criminal Exception: Unless one or some of the
resolution because simple knowledge thereof by a conspirators committed some other crime which
person may only make him liable as an accomplice. is not part of the conspiracy.

General rule: Conspiracy and proposal to Exception to the Exception: When the act
commit a felony are not punishable. constitutes a “single indivisible offense.”

Exception: They are punishable only in the cases in Proposal to commit a felony - when the person
which the law specially provides a penalty therefore. who has decided to commit a felony proposes its

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execution to some other person or persons. [Art. of a felony that all the accused aimed at the
8, RPC] same object, one performing one part and
the other performing another for the
Examples: attainment of the same objective; and that
(1) Proposal to commit treason (Art. 115) and their acts, though apparently independent,
(2) proposal to commit coup d’état, rebellion or were in fact concerted and cooperative,
insurrection (Art. 136). indicating closeness of personal association,
concerted action and concurrence of
Requisites: sentiments. [People v. Talaogan (2008)]
(1) That a person has decided to commit a (h) Doctrine of Implied Conspiracy –
felony; and Conspiracy need not be direct but may be
(2) That he proposes its execution to some inferred from the conduct of the parties, their
other person or persons. joint purpose, community of interest and in
the mode and manner of commission of the
There is no criminal proposal when: offense. [People v. Pangilinan (2003)]
(1) The person who proposes is not determined
to commit the felony; Legal effects of implied conspiracy are:
(2) There is no decided, concrete and formal (a) Not all those present at the crime scene will
proposal; be considered conspirators;
(3) It is not the execution of a felony that is (b) Only those who participated in the criminal
proposed. acts during the commission of the crime will
be considered co-conspirators;
Note: It is not necessary that the person to (c) Mere acquiescence to or approval of the
whom the proposal is made agrees to commit commission of the crime, without any act of
treason or rebellion. criminal participation, shall not render one
criminally liable as co-conspirator.
(a) Conspiracy must be established by positive (d) In the absence of any previous plan or
and conclusive evidence, not by conjectures agreement to commit a crime, the criminal
or speculations. [People v. Laurio (1991)] responsibility arising from different acts
(b) Conspiracy is predominantly a state of mind directed against one and the same person is
as it involves the meeting of the minds and individual and not collective, and that each
intent of the malefactors. Consequently, of the participants is liable only for his own
direct proof is not essential to establish it. acts. (People v. Bagano)
[People v. Bello (2004)] (e) A conspiracy is possible even when
(c) To establish conspiracy, evidence of actual participants are not known to each other.
cooperation rather than mere cognizance or When several persons who do not know each
approval of an illegal act is required. other simultaneously attack the victim, the act
(d) Conspiracy is never presumed; it must be of one is the act of all, regardless of the
shown to exist as clearly and convincingly degree of injury inflicted by any one of them.
as the commission of the crime itself. Everyone will be liable for the consequences.
(e) Mere presence of a person at the scene of (f) One who desisted is not criminally liable. As
the crime does not make him a conspirator pointed out earlier, desistance is true only in
for conspiracy transcends companionship. the attempted stage. Before this stage, there
[People v. Comadre (2004)] is only a preparatory stage. Conspiracy is
(f) While it is mandatory to prove conspiracy by only in the preparatory stage.
competent evidence, direct proof is not (g) Do not search for an agreement among
essential to show it – it may be deduced from participants. If they acted simultaneously to
the mode, method, and manner by which the bring about their common intention,
offense was perpetrated, or inferred from the conspiracy exists. And when conspiracy
acts of the accused themselves when such exists, do not consider the degree of
acts point to a joint purpose and design, participation of each conspiracy because the
concerted action and community of interest. act of one is the act of all. As a general rule,
[People v. Cenahonon (2007)] they have equal responsibility.
(g) Direct proof is not required, as conspiracy may (h) In some exceptional situations, having
be proved by circumstantial evidence. It may be community of design with the principal does not
established through the collective acts of the prevent a malefactor from being regarded as an
accused before, during and after the commission accomplice if his role in the perpetration of the

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homicide or murder was, relatively speaking, of rape and homicide, where he was present
of a minor character. (People v. Nierra) when these crimes were being committed but he
did not attempt to prevent the same. (Art. 296
Distinctions between the liability of a conspirator (2), RPC).
and that of a member of a band where the crime (3) If both conspiracy to rob and cuadrilla are
committed is robbery which is attended by other present, both rules may apply, in this manner:
crimes. (a) If a homicide was committed, the lookout is
(1) A conspirator is liable only for such other liable therefore under the conspiracy theory;
crimes which could be foreseen and which are (b) if a rape was committed and the lookout
the natural and logical consequences of the was present but did not try to prevent it, he will
conspiracy. Thus, if the conspiracy is only to be liable under the cuadrilla rule; and (c) if the
rob the victim, rape is not a foreseeable lookout was not present when the homicide
consequence. (People v. Castillo) was committed, he will not be liable for the
(2) A member of a band in a robbery cuadrilla, on the rape but he will still be liable for the homicide
other hand, is liable for all assaults, inclusive under the conspiracy theory.

2 Concepts of How
Stage Legal Requirements Illustration
Conspiracy incurred
A, B, C and D came to an
agreement to commit
rebellion. Their agreement
was to ring about the
rebellion on a certain date.
Even if none of them has
performed the act of
(1) The RPC must specifically punish the rebellion, there is already
act of conspiring (and proposing)
criminal liability arising
(2) The act MUST NOT BE from the conspiracy to
ACCOMPLISHED, else the
AS A FELONY Preparatory Mere conspiracy is obliterated and the commit the rebellion.
IN ITSELF acts agreement
ACT ITSELF IS PUNISHED.
(3) QUANTUM OF PROOF: Conspiracy But if anyone of them has
as a crime must be established committed the overt act of
rebellion, the crime of all is
beyond reasonable doubt
no longer conspiracy but
rebellion itself.
This subsists even though
the other co-conspirators
do not know that one of
them had already done the
act of rebellion.
(1) Participants acted in concert or
simultaneously or IN ANY WAY
which is indicative of a meeting of Three persons plan to rob a
bank. For as long as the
the minds towards a common conspirators merely entered
criminal goal or criminal objective.
(2) The act of meeting together is not the bank there is no crime
necessary as long as a common yet. But when one of them
AS A draws a gun and disarms
BASIS FOR Executory Commission objective can be discerned from the the security guard, all of
acts of overt act overt acts.
LIABILITY (3) THE ACT MUST BE them shall be held liable,
ACCOMPLISHED, if there is only unless a co-conspirator was
conspiracy or proposal, THERE IS NO absent from the scene of
CRIME TO BE PUNISHED. the crime or he showed up,
but he tried to prevent
(4) QUANTUM OF PROOF: Reasonably
the commission of the crime.
inferred from the acts of the
offenders when such acts disclose or

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2 Concepts of How
Stage Legal Requirements Illustration
Conspiracy incurred
show a common pursuit of the
criminal objective. [People v. Pinto]

MULTIPLE OFFENDERS (DIFFERENCES, RULES, EFFECTS)


Habitual
Recidivism/Reincindencia; Habituality/Reiteracion/ Quasi-Recidivism; Delinquency;
Art. 14 (9) Repetition; Art. 14 (10) Art. 160 Art. 62 (5)
Sufficient that the Before serving or Specified:
offender have been while serving (1) less serious or
previously convicted by Necessary that the offender sentence, the serious physical
Crimes final judgment for shall have served out his offender commits a injuries
committed another crime embraced sentence for the first felony (NOT a (2) robbery
in the same title of the offense crime) (3) theft
Code on the date of his (4) estafa
trial (5) falsification
Period of Before serving or
Within 10 years
time the while serving
crimes are No period of time sentence from his last release
committed or conviction
The previous and Offender commits a
Number of The second conviction for
subsequent offenses must felony Guilty the third time
crimes an offense embraced in
NOT be embraced in the or oftener
committed the same title of RPC
same title of the RPC
Imposes the
maximum of the
If not offset by any
penalty for the new An additional
Their mitigating circumstance, Not always an aggravating
offense, and cannot penalty shall be
effects increase the penalty only circumstance
be offset by any imposed
to the maximum
mitigating
circumstance

RECIDIVISM HABITUALITY (REITERACION)


Basis: the greater perversity of the offender, as Basis: same as recidivism
shown by his inclination to commit crimes
Requisites:
A recidivist is one who, at the time of his trial for (1) Accused is on trial for an offense
one crime, shall have been previously convicted (2) He previously served sentence
by final judgment of another crime embraced in (a) for another offense to which the law
the same title of the Revised Penal Code. attaches an equal or greater penalty, OR
[People v. Lagarto (1991)] (b) for two or more crimes to which it attaches
lighter penalty than that for the new offense
Requisites: (3) He is convicted of the new offense
(1) Offender is on trial for an offense
(2) He was previously convicted by final QUASI-RECIDIVISM
judgment of another crime Art. 160, RPC. Commission of another crime during
(3) Both the first and second offenses are service of penalty imposed for another offense;
embraced in the same title of the RPC Penalty. — Besides the provisions of Rule 5 of Article
(4) Offender is convicted of the new offense 62, any person who shall commit a felony after having
been convicted by final judgment, before beginning to
Note: What is controlling is the time of trial, not the serve such sentence, or while serving
time of commission of the crime. [Reyes, The RPC]

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the same, shall be punished by the maximum period Each act performed The different acts
of the penalty prescribed by law for the new felony. constitutes a separate constitute only one crime
crime because each act is because all of the acts
HABITUAL DELINQUENCY generated by a criminal performed arise from one
impulse criminal resolution.
Requisites:
(1) Offender had been convicted of any of the
crimes of serious or less serious physical People v. De Leon (1926): a thief who took from a
injuries, robbery, theft, estafa, or falsification yard of a house two game roosters belonging to two
(2) After that conviction or after serving his different persons was ruled to have committed only
sentence, he again committed, and, within one crime of theft, because there is a unity of thought
10 years from his release or first conviction, in the criminal purpose of the offender. The accused
he was again convicted of any of the said was animated by a single criminal impulse.
crimes for the second time
(3) After his conviction of, or after serving sentence A continued crime is not a complex crime.
for, the second offense, he again committed, and, (a) The offender here does not perform a single
within 10 years from his last release or last act, but a series of acts, and one offense is not
conviction, he was again convicted of any of said a necessary means for continuing the other.
offenses, the third time or oftener. [Art. 62, RPC] (b) Hence, the penalty is not to be imposed in its
maximum period.
Purpose of the law in imposing additional
penalty: To render more effective social (a) A continued crime is different from a transitory
defense and the reformation of habitual crime (moving crime.) in criminal procedure for
delinquents (Reyes, quoting People v. Abuyen) purposes of determining venue.
(b) When a transitory crime is committed, the
CONTINUING CRIMES criminal action may be instituted and tried in
the court of the municipality, city or province
Continuing crime (continuous or continued) - A wherein any of the essential ingredients
single crime, consisting of a series of acts but all thereof took place.
arising from one criminal resolution. (c) While Article 48 speaks of a complex crime
where a single act constitutes two or more
Cuello Calon explains the delito continuado in this grave or less grave offenses, those cases
way: When the actor, there being unity of purpose involving a series of acts resulting to two or
and of right violated, commits diverse acts, each more grave and less grave felonies, were
one of which, although of a delictual character, considered by the Supreme Court as a
merely constitutes a partial execution of a single complex crime when it is shown that the act
particular delict, such delictual acts is called delito is the product of one single criminal impulse.
continuado. Example: One who on several (d) TIP: If confronted with a problem, the Supreme
occasions steals wheat deposited in a granary. Court has extended this class of complex crime
Each abstraction constitutes theft, but instead of to those cases when the offender performed not
imposing on the culprit different penalties for each a single act but a series of acts as long as it is
theft committed, he is punished for only one “hurto the product of a single criminal impulse
continuado” for the total sum or value abstracted.
People v. Garcia (1980):
Continuing offense - A continuous, unlawful (a) The accused were convicts who were
act or series of acts set on foot by a single members of a certain gang and they
impulse and operated by an unintermittent force, conspired to kill the other gang.
however long a time it may occupy. (b) Some of the accused killed their victims in
one place within the same penitentiary,
Although there is a series of acts, there is only some killed the others in another place
one crime committed. Hence, only one penalty within the same penitentiary.
shall be imposed. (c) The Supreme Court ruled that all accused
should be punished under one information
Real or material plurality Continued Crime because they acted in conspiracy.
(d) The act of one is the act of all.
There is a series of acts performed by the offender. (e) Because there were several victims killed and
some were mortally wounded, the accused

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should be held for the complex crime of multiple In the THEFT cases:
homicide with multiple frustrated homicide. The trend is to follow the single larceny doctrine:
(a) taking of several things,
(f) There is a complex crime not only when
(b) whether belonging to the same or different
there is a single act but a series of acts.
(g) It is correct that when the offender acted in
owners,
conspiracy, this crime is considered as one and
(c) at the same time and place, constitutes one
larceny only.
prosecuted under one information.
Although in this case, the offenders did not only
Abandoned is the doctrine that the government
kill one person but killed different persons, the
has the discretion to prosecute the accused for
Supreme Court considered this as complex.
one offense or for as many distinct offenses as
there are victims.
Whenever the Supreme Court concludes that
the criminals should be punished only once,
Note: The concept of delito continuado has been
because they acted in conspiracy or under the
applied to crimes under special laws since in Art.
same criminal impulse:
10, the RPC shall be supplementary to special
(a) it is necessary to embody these crimes
laws, unless the latter provides the contrary.
under one single information.
(b) It is necessary to consider them as complex
crimes even if the essence of the crime does
COMPLEX CRIMES AND SPECIAL
not fit the definition of Art 48, because there
COMPLEX CRIMES
is no other provision in the RPC.
Plurality of Crimes (Concursu de delitos)
Applying the concept of the “continued
(1) Consists of the successive execution
crime”, the following cases have been
(2) by the same individual
treated as constituting one crime only:
(3) of different criminal acts
(1) People v. Tumlos, (1939): The theft of 13
(4) for any of which no conviction has yet
cows belonging to two different persons
been declared.
committed by the accused at the same place
and period of time;
Philosophy behind plural crimes
(2) People v. Jaranilla, (1974): The theft of six
Through the concept of plural crimes, several
roosters belonging to two different owners from
crimes are treated as one. The purpose of this is to
the same coop and at the same period of time;
allow leniency towards the offender, who, instead
(3) People v. Sabbun, (1964): The illegal charging
of being made to suffer distinct penalties for every
of fees for service rendered by a lawyer every
resulting crime is made to suffer one penalty only,
time he collected veteran’s benefits on behalf
although it is the penalty for the most serious one
of a client who agreed that attorney’s fees
and is imposed in its maximum period.
shall be paid out of such benefits. The
collections of legal fees were impelled by the
Note: If by complexing the crime, the penalty would
same motive, that of collecting fees for
turn out to be higher, do not complex anymore.
services rendered, and all acts of collection
were made under the same criminal impulse.
Plurality of Crimes Recidivism
The Supreme Court declined to apply the
concept in the following cases: There is no conviction for There must be conviction
(1) People v. Dichupa, (1961): Two estafa cases, anyofthe crimes by final judgment of the
one which was committed during the period from committed. first or prior offense.
January 19 to December, 1955 and the other
from January 1956 to July 1956. Said acts were A Complex crime is not just a matter of penalty,
committed on two different occasions; but of substance under the Revised Penal Code.
(2) People v. CIV: Several malversations committed
in May, June and July 1936 and falsifications to Kinds of Plurality of Crimes
conceal said offenses committed in August and (1) Real or Material Plurality
October, 1936. The malversations and (a) There are different crimes in law as well
falsifications were not the result of one as in the conscience of the offender.
resolution to embezzle and falsity; (b) In such cases, the offender shall be
punished for each and every offense
that he committed.

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(b) That the single acts produces:


(2) Formal or Ideal Plurality (i) 2 or more grave felonies, or
(a) There is but one criminal liability in this (ii) 1 or more grave and 1 or more less
kind of plurality. grave felonies, or
(b) Divided into 3 groups: (iii) 2 or more less grave felonies
(i) Complex Crimes - When the offender
commits either of the complex crimes
Single Act Several Acts
defined in Art. 48 of the Code.
(ii) Special Complex Crimes - When the Throwing a hand Submachine gun – because of
law specifically fixes a single penalty grenade the number of bullets released
for 2 or more offenses committed.
A single bullet Firing of the revolver twice in
(iii) Continuing and Continued
Crimes - A single crime consisting killing two person succession
of a series of acts but all arising
from one criminal resolution. Light felonies produced by the same act should
be treated and punished as separate offenses or
COMPLEX CRIMES may be absorbed by the grave felony.
Art. 48. Penalty for complex crimes. Illustration:
When a single act constitutes two or more grave or
When the crime is committed by force or
less grave felonies, or when an offense is a
violence, slight physical injuries are absorbed.
necessary means for committing the other, the
penalty for the most serious crime shall be imposed, So that when an offender performed more than one
the same to be applied in its maximum period. act, although similar, if they result in separate crimes,
(i) there is no complex crime at all,
Art. 48 requires the commission of at least 2 (ii) instead, the offender shall be prosecuted for
crimes. But the two or more GRAVE or LESS as many crimes as are committed under
GRAVE felonies must be separate information.
(1) the result of a single act, or
(2) an offense must be a necessary means for Compound crimes under Art. 48 is also applicable to
committing the other. crimes through negligence. Thus, a municipal mayor
who accidentally discharged his revolver, killing a girl
Nature of complex crimes and injuring a boy was found guilty of complex crime
(a) Although two or more crimes are actually of homicide with less serious physical injuries through
committed, they constitute only one crime, reckless imprudence. (People v. Castro)
in the eyes of the law; and in the conscience
of the offender. Example of a compound crime:
(b) Even in the case where an offense is a The victim was killed while discharging his duty
necessary means for committing the other, as barangay captain to protect life and property
the evil intent of the offender is only one. and enforce law and order in his barrio.
Hence, there is only one penalty imposed for
the commission of a complex crime. The crime is a complex crime of homicide with
assault upon a person in authority.
No complex crime when:
(1) Two or more crimes are committed, but not by a When in obedience to an order several accused
single act; simultaneously shot many persons, without evidence
(2) Committing one crime is not a necessary how many each killed, there is only a single offense,
means for committing the other (or others). there being a single criminal impulse.
[Monteverde v. People (2002)]
(2) Complex Crime Proper (Delito Complejo)
TWO KINDS OF COMPLEX CRIMES
(a) An offense is a necessary means for
(1) Compound Crime (Delito Compuesto) committing the other.
A single act results in two or more grave or less (b) In complex crime, when the offender
grave felonies. executes various acts, he must have a
single purpose.
Requisites: (c) But: When there are several acts performed,
(a) That only a single act is performed by the the assumption is that each act is impelled
offender

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by a distinct criminal impulse, hence grave or less grave felonies resulted, but
each will have a separate penalty. only the first part is applicable, i.e.
compound crime. The second part of Art. 48
Requisites: does not apply, referring to the complex
(1) That at least two offenses are committed crime proper because this applies or refers
(2) That one or some of the offenses must be only to a deliberate commission of one
necessary to commit the other offense to commit another offense.
(3) That both or all the offenses must be
punished under the same statute. SPECIAL COMPLEX/COMPOSITE CRIMES
The substance is made up of more than one
Note: The phrase “necessary means” does not crime but which in the eyes of the law is only
mean “indispensable means” (1) a single indivisible offense.
(2) all those acts done in pursuance of the
crime agreed upon are acts which constitute
No complex crime proper: a single crime.
(1) Subsequent acts of intercourse, after forcible
abduction with rape, are separate acts of rape. Special Complex Crimes
(2) Not complex crime when trespass to dwelling (a) Robbery with Homicide (Art. 294 (1))
is a direct means to commit a grave offense. (b) Robbery with Rape (Art. 294 (2))
(3) No complex crime, when one offense is (c) Robbery with Arson
committed to conceal the other. (d) Kidnapping with serious physical injuries
(4) When the offender already had in his (Art. 267 (3))
possession the funds which he (e) Kidnapping with rape
misappropriated, the subsequent falsification (f) Rape with Homicide (Art. 335)
of a public or official document involving said (g) Arson with homicide
offense is a separate offense.
(5) No complex crime where one of the offenses When crimes involved cannot be legally complexed:
is penalized by a special law. (1) Malicious obtention or abusive service of
(6) There is no complex crime of rebellion with search warrant (Art. 129) with perjury;
murder, arson, robbery, or other common crimes (2) Bribery (Art. 210) with infidelity in the
(People v. Hernandez; Enrile v. Salazar). custody of prisoners;
(7) In case of continuous crimes. (3) Maltreatment of prisoners (Art. 235) with
(8) When the other crime is an indispensable serious physical injuries;
element of the other offense. (4) Usurpation of real rights (Art. 312) with
serious physical injuries; and
General rules in complexing crimes: (5) Abandonment of persons in danger (Art.
(1) When two crimes produced by a single act are 275) and crimes against minors (Art. 276 to
respectively within the exclusive jurisdiction of two 278) with any other felony.
courts of different jurisdiction, the court of higher
jurisdiction shall try the complex crime.
(2) The penalty for complex crime is the
penalty for the most serious crime, the
same to be applied in its maximum period.
(3) When two felonies constituting a complex
crime are punishable by imprisonment and
fine, respectively, only the penalty of
imprisonment should be imposed.
(4) Art. 48 applies only to cases where the
Code does not provide a definite specific
penalty for a complex crime.
(5) One information should be filed when a
complex crime is committed.
(6) When a complex crime is charged and one
offense is not proven, the accused can be
convicted of the other.
(7) Art. 48 also applies in cases when out of a single
act of negligence or imprudence, two or more

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Circumstances Affecting
Criminal Liability
JUSTIFYING EXEMPTING MITIGATING AGGRAVATING ALTERNATIVE
NO WRONG THERE IS A WRONG THERE IS A FELONY THERE IS A FELONY THERE IS A FELONY
Decreased criminal Increased criminal Increased or decreased
No criminal liability No criminal liability
liability liability liability
With civil liability
No civil liability
Except:
Except: With civil liability With civil liability With civil liability
accident;
state of necessity
insuperable cause

(a) An affirmative defense, hence, the burden of


Imputability – is the quality by which an act may proof rests on the accused who must prove the
be ascribed to a person as it author or owner. It circumstance by clear and convincing evidence.
implies that the act committed has been freely and (b) There is NO crime committed, the act being
consciously done and may, therefore, be put down justified. Thus, such persons cannot be
to th doer as his very own considered criminals.

Responsibility – is the obligation of suffering the Par. 1. Self Defense


consequences of crime. It is the obligation of taking Includes not only the defense of the person or body
the penal and civil consequences of the crime. of the one assaulted but also that of his rights, the
enjoyment of which is protected by law. It includes:
Imputability distinguished from responsibility –
while imputability implies that a deed may be imputed (a) The defense of honor. Hence, a slap on the
to a person, responsibility implies that the person face is considered as unlawful aggression
must take the consequences of such a deed. since the face represents a person and his
dignity. (Rugas vs, People)
Guilt – is an element of responsibility, for a man (b) The defense of property rights can be invoked
cannot be made to answer for the consequences of if there is an attack upon the property although
a crime unless he is guilty. [Reyes, The RPC] it is not coupled with an attack upon the
person of the owner of the premises. All the
JUSTIFYING CIRCUMSTANCES elements for justification must however be
present. (People v. Narvaez)
SIX TYPES of Justifying Circumstances:
(1) Self defense Elements: (URL)
(2) Defense of relatives (1) Unlawful aggression
(3) Defense of strangers (2) Reasonable necessity of means employed
(4) Avoidance of a greater evil to prevent or repel it.
(5) Fulfillment of duty (3) Lack of sufficient provocation on the part of
(6) Obedience to an order issued for some the person defending himself.
lawful purpose..
Unlawful aggression
Justifying Circumstances – those where the act (a) Equivalent to an actual physical assault; OR
of a person is said to be in accordance with law, threatened assault of an immediate and
imminent kind which is offensive and
so that such person is deemed not to have
transgressed the law and is free from both positively strong, showing the wrongful
intent to cause harm.
criminal and civil liability. There is no civil liability
(b) The aggression must constitute a violation of the
except in par. 4, Art. 11, where the civil liability is
law. When the aggression ceased to exist, there
borne by the persons benefited by the act.
is no longer a necessity to defend one’s self.
EXCEPT: when the aggressor retreats to obtain a
Basis: Lack of criminal intent
more advantageous position to ensure the

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success of the initial attack, unlawful


aggression is deemed to continue. Retreat of aggressor – aggression ceases,
(c) Must come from the person attacked by the except when retreat is made to take a more
accused. advantageous position to insure the success of
(d) Unlawful aggression must also be a continuing the attack, unlawful aggression continues.
circumstance or must have been existing at
the time the defense is made. Once the (a) Defense of Honor
unlawful aggression is found to have ceased,
the one making the defense of a stranger People v. Dela Cruz (1935):Accused was found
would likewise cease to have any justification guilty of homicide for stabbing and killing Rivera.
for killing, or even just wounding, the former Prosecution claimed that Dela Cruz and Rivera had
aggressor. [People vs. Dijan (2002)] a relationship and that the accused was madly in
love with the deceased and was extremely jealous
Note: No unlawful aggression when there was an of another woman with whom Rivera also had a
agreement to fight and the challenge to fight was relationship. Dela Cruz claimed, on the other hand,
accepted. BUT aggression which is ahead of an that on her way home one evening, Rivera followed
agreed time or place is unlawful aggression. her, embraced and kissed her and touched her
private parts. She didn’t know that it was Rivera
Stand ground when in the right – the law does and that she was unable to resist the strength of
not require a person to retreat when his assailant is Rivera so she got a knife from her pocket and
rapidly advancing upon him with a deadly weapon. stabbed him in defense of her honor.
The reason for the rule is that one flees from an Held: She is justified in using the pocketknife in
aggressor, he runs the risk of being attacked in repelling what she believed to be an attack upon
the back by the aggressor. her honor. It was a dark night and she could not
have identified Rivera. There being no other
Reasonable necessity of means employed to means of self-defense.
prevent or repel it

Test of reasonableness People v. Jaurigue (1946):Amado (deceased)


The means employed depends upon: has been courting the accused Avelina in vain.
(a) nature and quality of the weapon used by On the day of the crime, Avelina and Amado
the aggressor were in Church. Amado sat beside Avelina and
(b) aggressor’s physical condition, character, placed his hand on her thigh. Thereafter, Avelina
size, and other circumstances took out her knife and stabbed Amado in the
(c) and those of the person defending himself neck, causing the death of Amado.
(d) the place and occasion of the assault.
Held: Although the defense of one’s honor
Lack of sufficient provocation on part of defender exempts one from criminal liability, it must be
(a) In case there was a provocation on the part proved that there is actual danger of being raped.
of the person attacked, the attack should not In this case, 1) the church was well-lit, 2) there
immediately precede the provocation for were several people in the church, including the
defense to be valid. father of the accused and other town officials. In
(b) Never confuse unlawful aggression with light of these circumstances, accused could not
provocation. have possibly been raped. The means employed in
(c) Mere provocation is not enough. It must be defense of her honor was evidently excessive.
real and imminent. Unlawful aggression is
an indispensable requisite. (b) Defense of Property
(d) If there is unlawful aggression but one of the
other requisites is lacking, it is considered People vs. Apolinar. This can only be invoked
an incomplete self-defense which mitigates as justifying circumstance if
liability. (1) Life and limb of the person making the defense
(e) Self-defense includes the defense of one’s is also the subject of unlawful aggression
rights, that is, those rights the enjoyment of (2) Life cannot be equal to property.
which is protected by law.
(f) Retaliation is different from an act of self-
defense. People v. Narvaez (1983):Narvaez was taking his rest

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inside his house when he heard that the wall of his (6) Relatives by Consanguinity w/in the 4th civil
house was being chiseled. He saw that Fleischer and degree
Rubia, were fencing the land of the father of the
deceased Fleischer. He asked the group to stop but Balunueco v. CA (2003): Of the three (3) requisites
they refused. The accused got mad so he got his of defense of relatives, unlawful aggression is a
shotgun and shot Fleischer. Rubia ran towards the condition sine qua non, for without it any defense is
jeep and knowing there is a gun on the jeep, the not possible or justified. In order to consider that an
accused fired at Rubia as well. Narvaez claimed he unlawful aggression was actually committed, it is
acted in defense of his person and rights. necessary that an attack or material aggression, an
offensive act positively determining the intent of the
Held: There was aggression by the deceased not on aggressor to cause an injury shall have been
the person of the accused but on his property rights made;a mere threatening or intimidating attitude is
when Fleischer angrily ordered the continuance of the not sufficient to justify the commission of an act
fencing. The third element of self-defense is also which is punishable per se, and allow a claim of
present because there was no sufficient provocation exemption from liability on the ground that it was
on the part of Narvaez since he was sleeping when committed in self-defense or defense of a relative.
the deceased where fencing.
However, the second element was lacking. Par. 3. Defense of Strangers
Shooting the victims from the window of his house
is disproportionate to the physical aggression by Elements:
the victims. Thus, there is incomplete self-defense. (1) Unlawful aggression;
(2) Reasonable necessity of the means
Par. 2. Defense of Relatives employed to prevent or repel it;
(3) The person defending was not induced by
Elements: revenge, resentment or other evil motive.
(1) Unlawful aggression
(a) Unlawful aggression may not exist as a Stranger – any person not included in the
matter of fact; it can be made to depend enumeration of relatives under [par. 2 of Art. 11]
upon the honest belief of the one
making the defense. If the person being defended is a second cousin,
(b) Reason: The law acknowledges the it will be defense of stranger.
possibility that a relative, by virtue of
blood, will instinctively come to the aid Basis: What one may do in his defense, another
of their relatives. may do for him. The ordinary man would not
(2) Reasonable necessity of means employed stand idly by and see his companion killed
to prevent or repel it without attempting to save his life.
(3) In case the provocation was given by the
person attacked, the one making the Par. 4. Avoidance of a Greater Evil
defense had no part therein
Elements:
Although the provocation prejudices the person (1) Evil sought to be avoided actually exists
who gave it, its effects do not reach the defender
who took no part therein, because the latter was The evil or injury sought to be avoided must
prompted by some noble or generous sentiment not have been produced by the one invoking
in protecting and saving a relative the justifying circumstances.

Basis: It is found not only upon a humanitarian (2) Injury feared be greater than that done to
sentiment, but also upon the impulse of blood which avoid it
impels men to rush, on the occasion of great perils, to
the rescue of those close to them by ties of blood. (3) There is no other practical & less harmful
means of preventing it.
Relatives entitled to defense: (SADSAC)
(1) Spouse General rule: No civil liability in justifying
(2) Ascendants circumstances because there is no crime.
(3) Descendants
(4) Legitimate, natural or adopted Brothers/Sisters
(5) Relatives by Affinity in the same degree

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Exception: There is CIVIL LIABILITY under this circumstance. The penalty would be reduced by
paragraph. Persons benefited shall be liable in one or two degrees.
proportion to the benefit which they have received.

Ty v. People (2004):Ty's mother and sister were People v. Ulep (2000):Accused-appellant and
confined at the Manila Doctors' Hospital. Ty signed the other police officers involved originally set
the "Acknowledgment of Responsibility for Payment" out to restore peace and order at Mundog
in the Contract of Admission. The total hospital bills of Subdivision where the victim was then running
the two patients amounted to P1,075,592.95. Ty amuck. The victim threatened the safety of the
executed a promissory note wherein she assumed police officers despite accused-appellant's
payment of the obligation in installments. To assure previous warning shot and verbal admonition to
payment of the obligation, she drew 7 postdated the victim to lay down his weapon.
checks against Metrobank payable to the hospital
which were all dishonored by the drawee bank due to Held: As a police officer, it is to be expected that
insufficiency of funds. As defense, Ty claimed that accused-appellant would stand his ground. Up to
she issued the checks because of “an uncontrollable that point, his decision to respond with a barrage of
fear of a greater injury.” She averred that she was gunfire to halt the victim's further advance was
forced to issue the checks to obtain release for her justified under the circumstances. A police officer is
mother who was being inhumanely treated by the not required to afford the victim the opportunity to
hospital. She alleged that her mother has fight back. Neither is he expected – when hard
contemplated suicide if she would not be discharged pressed and in the heat of such an encounter at
from the hospital. Ty was found guilty by the lower close quarters – to pause for a long moment and
courts of 7 counts of violation of BP22. reflect coolly at his peril, or to wait after each blow
to determine the effects thereof. But he cannot be
Held: The court sustained the findings of the lower exonerated from overdoing his duty when he fatally
courts. The evil sought to be avoided is merely shot the victim in the head, even after the latter
expected or anticipated. So the defense of an slumped to the ground due to multiple gunshot
uncontrollable fear of a greater injury” is not wounds sustained while charging at the police
applicable. Ty could have taken advantage of an officers. Sound discretion and restraint dictated
available option to avoid committing a crime. By that a veteran policeman should have ceased firing
her own admission, she had the choice to give at the victim the moment he saw the latter fall to
jewelry or other forms of security instead of the ground. The victim at that point no longer
postdated checks to secure her obligation. posed a threat. Shooting him in the head was
obviously unnecessary.
Moreover, for the defense of state of necessity
to be availing, the greater injury feared should The law does not clothe police officers with
not have been brought about by the negligence authority to arbitrarily judge the necessity to kill- it
or imprudence, more so, the willful inaction of must be stressed that their judgment and discretion
the actor. In this case, the issuance of the as police officers in the performance of their duties
bounced checks was brought about by Ty's own must be exercised neither capriciously nor
failure to pay her mother's hospital bills. oppressively, but within reasonable limits.

Par. 5. Fulfillment of Duty or Lawful Exercise Mamagun v. People (2007):A policeman in pursuit of
of Right or Office a snatcher accidentally shot one of the bystanders
who were actually helping him chase the snatcher.
Elements:
(1) Offender acted in performance of duty or Held: To be sure, acts in the fulfillment of a duty,
lawful exercise of a right or office; without more, do not completely justify the
(2) That the injury caused or the offense petitioner’s firing the fetal gunshot at the victim.
committed be the necessary consequence True, petitioner, as one of the policemen
of the due performance of duty or the lawful responding to a reported robbery then in progress,
exercise of such right or office. was performing his duty as a police officer as well
as when he was trying to effect the arrest of the
If the first condition is present, but the second is suspected robber and in the process, fatally shoot
not because the offender acted with culpa, the said suspect, albeit the wrong man. However, in
offender will be entitled to a privileged mitigating the absence of the equally necessary justifying

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circumstance that the injury of offense committed be subordinates, could not question, and obeyed in
the necessary consequence if the due performance of good faith, without being aware of their illegality,
such duty, there can only be incomplete justification, a without any fault or negligence on their part, the
privilege mitigating circumstance under Art. 13 and 69 act is not accompanied by criminal intent. A
of the RPC. There can be no quibbling that there was crime is not committed if the mind of the person
no rational necessity for the killing of Contreras. performing the act be innocent..
Petitioner could have first fired a warning shot before
pulling the trigger against Contreras who was one of JUSTIFYING VS. EXEMPTING CIRCUMSTANCE
the residents chasing the suspected robber.
Justifying Circumstance Exempting Circumstance
People v. Delima (1922):Napilon escaped from It affects the act, not the It affects the actor, not the
the jail where he was serving sentence. Some actor. act.
days afterwards the policeman, Delima, who The act is considered to
was looking for him found him in the house of have been done within the The act complained of is
Alegria, armed with a pointed piece of bamboo bounds of law; hence, actually wrongful, but the
in the shape of a lance. Delima demanded the legitimate and lawful in actor is not liable.
surrender of the weapon but Napilon refused. the eyes of the law.
Delima fired his revolver to impose his authority
but the bullet did not hit him. The criminal ran Since the act complained
away and Delima went after him and fired again of is actually wrong, there
Since the act is is a crime but since the
his revolver this time hitting and killing him.
considered lawful, there is actor acted without
no liability. voluntariness, there is no
Held: The killing was done in the performance of
a duty. The deceased was under the obligation dolo or culpa.
to surrender and had no right, after evading There is a crime, although
service of his sentence, to commit assault and there is no criminal, so
disobedience with a weapon in his hand, which There is no criminal or there is civil liability
compelled the policeman to resort to such civil liability. (Except: Art. 12, par. 4 and
extreme means, which, although it proved to be 7 where there is no civil
fatal, was justified by the circumstance. liability.

Par. 6. Obedience to an order issued for


some lawful purpose ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN
ACT OF 2004 (RA 9262)
Elements:
(1) Order must have been issued by a superior Battered Woman Syndrome- refers to a scientifically
(2) The order is for some lawful purpose defined pattern of psychological and behavioral
(3) The means used to carry it out must be lawful symptoms found in women living in battering
relationships as a result of cumulative abuse.
(c) A subordinate is not liable for carrying out an
illegal order of his superior if he is not aware of Battered Woman Syndrome as a Defense. –
the illegality of the order and he is not negligent. Victim-survivors who are found by the courts to
be suffering from battered woman syndrome do
People v. Oanis (1943):Although an officer in making not incur any criminal and civil liability
a lawful arrest is justified in using such force as is notwithstanding the absence of any of the
reasonably necessary to secure and detain the elements for justifying circumstances of self-
offender, overcome his resistance, prevent his defense under the Revised Penal Code.
escape, recapture him if he escapes, and protect
himself from bodily harm, yet he is never justified in In the determination of the state of mind of the woman
using unnecessary force or in treating him with who was suffering from battered woman syndrome at
wanton violence or in resorting to dangerous means the time of the commission of the crime, the courts
when the arrest could be effected otherwise. shall be assisted by expert psychiatrists/
psychologists [SECTION 26, RA 9262]
People v. Beronilla (1955):Where the accused acted
upon orders of superior officers that the, as military

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The battered woman syndrome is characterized conditions which make the act voluntary or
by a “CYCLE OF VIOLENCE”, which is made up negligent.
of three phases [People v. Genosa].
The reason for the exemption lies on the
(1) First Phase: Tension Building Phase complete absence of intelligence, freedom of
(a) Where minor battering occurs, it could action, or intent, or on the absence of
be a verbal or slight physical abuse or negligence on the part of the accused.
another form of hostile behavior. (1) One who acts without intelligence, freedom
(b) The woman tries to pacify the batterer of action or intent does not act with malice.
through a show of kind, nurturing behavior, (2) One who acts without intelligence, freedom of
or by simply staying out of the way. action or fault does not act with negligence.
(c) But this proves to be unsuccessful as it
only gives the batterer the notion that he Par. 1. Insanity or Imbecility
has the right to abuse her.
Imbecile - One who, while advanced in age, has
(2) Second Phase: Acute Battering Incident a mental development comparable to that of a
(a) Characterized by brutality, child between 2 and 7 years of age. Exempt in
destructiveness, and sometimes death. all cases from criminal liability
(b) The battered woman has no control;
only the batterer can stop the violence. Insane - There is a complete deprivation of
(c) The battered woman realizes that she intelligence in committing the act but capable of
cannot reason with him and resistance having lucid intervals.
would only worsen her condition. (a) During a lucid interval, the insane acts with
intelligence and thus, is not exempt from
(3) Third Phase: Tranquil Period criminal liability.
(a) Characterized by guilt on the part of the (b) Insanity is a defense in the nature of
batterer and forgiveness on the part of confession and avoidance and must be
the woman. proved beyond reasonable doubt.
(b) The batterer may show a tender and
nurturing behavior towards his partner Note: There is another school of thought that
and the woman also tries to convince believes that insanity, as with other such
herself that the battery will never defenses, need only be proved to a degree
happen again and that her partner will sufficient to raise a reasonable doubt of guilt.
change for the better.
Evidence of insanity must refer to:
(a) the time preceding the act under prosecution or
Four Characteristics of the Syndrome: (b) at the very moment of its execution.
(1) The woman believes that the violence was
her fault; (1) Insanity subsequent to commission of crime
(2) She has an inability to place the is not exempting
responsibility for the violence elsewhere; (2) Feeblemindedness is not imbecility. It is
(3) She fears for her life and/or her children’s life necessary that there is a complete deprivation
(4) She has an irrational belief that the abuser is of intelligence in committing the act, that is, the
omnipresent and omniscient. accused be deprived of reason, that there is
no responsibility for his own acts; that he acts
EXEMPTING CIRCUMSTANCES without the least discernment; that there be
SIX TYPES of Exempting Circumstances: complete absence of the power to discern, or
(1) Imbecility/Insanity that there be a complete deprivation of the
(2) Minority freedom of the will. [People vs. Formigones]
(3) Accident
(4) Compulsion of irresistible force Cases covered under this article:
(5) Impulse of uncontrollable fear (1) Dementia praecox
(6) Insuperable or lawful cause Note: Cited in OLD cases, but is a term no
longer used by mental health practitioners
Exempting circumstances – those grounds for (2) Kleptomania: if found by a competent
exemption from punishment because there is psychiatrist as irresistible
wanting in the agent of the crime any of the (3) Epilepsy

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(4) Somnambulism: sleep-walking(People vs. Taneo) Sec. 6, RA 9344. Minimum Age of Criminal
(5) Malignant malaria: which affects the nervous Responsibility. - A child fifteen (15) years of age or
system under at the time of the commission of the offense
shall be exempt from criminal liability. However, the
People vs. Dungo:The insanity that is exempting child shall be subjected to an intervention program
is limited only to mental aberration or disease of pursuant to Section 20 of this Act.
the mind and must completely impair the
intelligence of the accused. A child above fifteen (15) years but below eighteen
(18) years of age shall likewise be exempt from
Two tests of insanity: criminal liability and be subjected to an intervention
(1) The test of COGNITION, or whether the program, unless he/she has acted with discernment,
accused acted with complete deprivation of in which case, such child shall be subjected to the
intelligence in committing the said crime; appropriate proceedings in accordance with this Act.
(2) The test of VOLITION, or whether the
accused acted in total deprivation of The exemption from criminal liability herein
freedom of will. (People vs. Rafanan) established does not include exemption from
civil liability, which shall be enforced in
Juridical Effects of Insanity accordance with existing laws..
(1) If present at the time of the commission of
the crime – EXEMPT from liability. (c) Determination of Age [Sec. 7, RA 9344]
(2) If present during trial – proceedings will be
SUSPENDED and accused is committed to Presumption: Minority of child in conflict with
a hospital. the law. S/he shall enjoy all the rights of a child
(3) After judgment or while serving sentence – in conflict with the law until s/he is proven to be
Execution of judgment is SUSPENDED, the 18 years old or older.
accused is committed to a hospital. The period
of confinement in the hospital is counted for The age of a child may be determined from:
the purpose of the prescription of the penalty. (1) The child’s birth certificate,
(2) Baptismal certificate, or
Basis: Complete absence of intelligence (3) Any other pertinent documents.

Par. 2.& 3. Minority (Superseded by RA 9344) In the absence of these documents, age may be
based on:
JUVENILE JUSTICE AND WELFARE ACT OF 2006 (R. A. (1) Information from the child himself/herself,
9344); ALSO REFER TO CHILD AND YOUTH WELFARE (2) Testimonies of other persons,
CODE (P.D. 603, AS AMENDED) (3) The physical appearance of the child, and
(4) Other relevant evidence.
What is the Juvenile Justice and Welfare
System? "Juvenile Justice and Welfare System" In case of doubt as to the child’s age, it shall be
refers to a system dealing with children at risk and resolved in his/her favor.
children in conflict with the law, which provides
child-appropriate proceedings, including programs (d) Exemption from criminal liability
and services for prevention, diversion,
rehabilitation, re-integration and aftercare to ensure (1) 15 yrs old or below at the time of commission of
their normal growth and development. [Title V: offense: ABSOLUTELY EXEMPT from criminal
Juvenile Justice and Welfare System of RA 9344] liability but subject to intervention program

(a) Definition of child in conflict with the law (2) Over 15 yrs old but below 18: EXEMPT
from criminal liability & subject to
Sec. 4 (e), RA 9344."Child in conflict with the law" – a intervention program
child who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine laws. If acted w/ discernment subject to diversion
program

(3) Below 18 yrs are exempt from:


(a) Status offense
(b) Minimum age of criminal responsibility (b) Vagrancy and Prostitution

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(c) Mendicancy (PD1563) If it has been determined that the child taken into
(d) Sniffing of Rugby (PD 1619) custody is fifteen (15) years old or below, the
authority which will have an initial contact with
Discernment – mental capacity to understand the the child has the duty to:
difference between right and wrong as determined (1) Immediately release the child to the custody
by the child’s appearance , attitude, comportment of his/her parents or guardian, or in the
and behavior not only before and during the absence thereof, the child's nearest relative.
commission of the offense but also after and during (2) Shall give notice to the local social welfare
the trial. It is manifested through: and development officer who will determine
(1) Manner of committing a crime – Thus, when the the appropriate programs in consultation
minor committed the crime during nighttime to with the child and to the person having
avoid detection or took the loot to another town to custody over the child.
avoid discovery, he manifested discernment. (3) If the parents, guardians or nearest relatives
(2) Conduct of the offender – The accused shot cannot be located, or if they refuse to take
the victim with his sling shot and shouted custody, the child may be released to any of
“Putang ina mo”. the following:
(a) a duly registered nongovernmental or
Note: The exemption from criminal liability shall religious organization;
not include exemption from civil liability. (b) a barangay official or a member of the
Barangay Council for the Protection of
Automatic Suspension of Sentence – Once the Children (BCPC);
child who is under eighteen (18) years of age at the (c) a local social welfare and development
time of the commission of the offense is found guilty officer; or when and where appropriate,
of the offense charged, the court shall determine and the DSWD.
ascertain any civil liability which may have resulted (4) If the child referred to herein has been found
from the offense committed. However, instead of by the Local Social Welfare and Development
pronouncing the judgment of conviction, the court Office to be abandoned, neglected or abused
shall place the child in conflict with the law under by his parents, or in the event that the parents
suspended sentence, without need of application: will not comply with the prevention program,
Provided, however, That suspension of sentence shall the proper petition for involuntary commitment
still be applied even if the juvenile is already eighteen shall be filed by the DSWD or the Local Social
years (18) of age or more at the time of the Welfare and Development Office pursuant to
pronouncement of his/her guilt. Presidential Decree No. 603, otherwise ,known
Upon suspension of sentence and after as "The Child and Youth Welfare Code".
considering the various circumstances of the child,
the court shall impose the appropriate disposition (f) Status offenses under Sec. 57 of RA 9344
measures as provided in the Supreme Court Rule
on Juveniles in Conflict with the Law. (Sec. 38) Sec. 57. Status Offenses. - Any conduct not
considered an offense or not penalized if committed
Discharge of the Child in Conflict with the Law -
by an adult shall not be considered an offense and
Upon the recommendation of the social worker who
shall not be punished if committed by a child
has custody of the child, the court shall dismiss the
case against the child whose sentence has been
(g) Offenses not applicable to children under
suspended and against whom disposition measures
Sec. 58 of RA 9344
have been issued, and shall order the final discharge
of the child if it finds that the objective of the
Persons below eighteen (18) years of age shall
disposition measures have been fulfilled.
be exempt from prosecution for the crime of:
(1) vagrancy and prostitution under Section 202
The discharge of the child in conflict with the law of the Revised Penal Code,
shall not affect the civil liability resulting from the (2) mendicancy under Presidential Decree No.
commission of the offense, which shall be 1563, and
enforced in accordance with law. (Sec. 39) (3) sniffing of rugby under Presidential Decree
No. 1619,

(a) Such prosecution being inconsistent with the


(e) Treatment of child below age of United Nations Convention on the Rights of
responsibility [Sec. 20, RA 9344] the Child

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(b) Provided, that said persons shall undergo A threat of future injury is not enough. The
appropriate counseling and treatment program. compulsion must be of such a character as
to leave no opportunity to the accused for
Basis: Complete absence or lack of intelligence. escape or self-defense in equal combat.

Par. 4. Accident Basis: Complete absence of freedom.

Accident - something that happens outside the


Irresistible Force Uncontrollable Fear
sway of our will and, although coming about
through some act of our will, lies beyond the Irresistible force must Uncontrollable fear may
bounds of humanly foreseeable consequences. operate directly upon the be generated by a
person of the accused and threatened act directly to
Under Article 12, paragraph 4, the offender is exempt the injury feared may be a a third person such as the
not only from criminal but also from civil liability. lesser degree than the wife of the accused, but
damage caused by the the evil feared must be
Elements: accused. greater or at least equal
(1) A person is performing a lawful act; to the damage caused to
(2) With due care; avoid it.
(3) He causes an injury to another by mere accident;
Offender uses physical Offender employs
(4) Without fault or intention of causing it.
force or violence to intimidation or threat in
compel another person to compelling another to
Basis: Lack of negligence and intent.
commit a crime. commit a crime.
Par. 5. Irresistible Force
Par. 7. Insuperable or Lawful Causes
Elements:
(1) That the compulsion is by means of physical Insuperable means insurmountable. A cause which
force; has lawfully, morally or physically prevented a
(2) That the physical force must be irresistible; person to do what the law commands.
(3) That the physical force must come from a
third person. Elements:
(1) That an act is required by law to be done;
Note: Before a force can be considered to be an (2) That a person fails to perform such act;
irresistible one, it must produce such an effect on the (3) That his failure to perform such act was due
individual that, in spite of all resistance, it reduces him to some lawful or insuperable cause
to a mere instrument and, as such, incapable of
committing the crime. (Aquino, Revised Penal Code) Basis: Lack of intent.

To be exempt from criminal liability, a person People v. Bandian (1936):A woman cannot be held
invoking irresistible force must show that the liable for infanticide when she left her newborn
force exerted was such that it reduced him to a child in the bushes without being aware that she
mere instrument who acted not only without will had given birth at all. Severe dizziness and
but against his will. [People v. Lising (1998)] extreme debility made it physically impossible for
Bandian to take home the child plus the assertion
Basis: Complete absence of freedom. that she didn’t know that she had given birth.

Par. 6. Uncontrollable Fear MITIGATING CIRCUMSTANCES

Elements: TWELVE TYPES of Mitigating Circumstances:


(1) That the threat which causes the fear is of (1) Incomplete Justification and Exemption
an evil greater than or at least equal to, that (2) Under 18 or Over 70 years of age
which he is forced to commit; (3) No intention to commit so grave a wrong
(2) That it promises an evil of such gravity and (4) Sufficient Provocation or Threat
imminence that the ordinary man would (5) Immediate vindication of a grave offense
have succumbed to it. (6) Passion or obfuscation
(7) Voluntary surrender
(8) Voluntary plea of guilt
(9) Plea to a lower offense

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(10)Physical defect (1) Self-defense (Art. 11, par. 1)


(11)Illness (2) Defense of relatives (Art. 11, par. 2)
(12)Analogous Circumstances (3) Defense of strangers (Art. 11, par. 3)
(4) State of necessity (Art. 11, par. 4)
Mitigating circumstances or causas attenuates
(5) Performance of duty (Art. 11, par. 5)
are those which, if present in the commission of the
(6) Obedience to the order of superiors (Art. 11,
par. 6)
crime, do not entirely free the actor from criminal
(7) Minority over 15 years of age but below 18
liability, but serve only to reduce the penalty.
years of age (Art. 12, par. 3)
(8) Causing injury by mere accident (Art. 12, par.4)
Basis: They are based on the diminution of either
freedom of action, intelligence or intent or on the
(9) Uncontrollable fear (Art. 12 par. 6)
lesser perversity of the offender. However,
INCOMPLETE JUSTIFYING CIRCUMSTANCES:
voluntary surrender and plea of guilt which, being
(a) Incomplete self-defense, defense of
circumstances that occur after the commission of
the offense, show the accused’s respect for the law
relatives, defense of stranger
(voluntary surrender) and remorse and acceptance
of punishment (plea of guilt), thereby necessitating
In these 3 classes of defense, UNLAWFUL
a lesser penalty to effect his rehabilitation (based
AGGRESSION must always be present. It is an
on the Positivist School)
indispensable requisite.

(a) The circumstances under Article 13 are generally


Par. 1 of Art. 13 is applicable only when
ordinary mitigating. However, paragraph 1, is (1) unlawful aggression is present
treated as a privileged mitigating circumstance if (2) but one or both of the other 2 requisites are
majority of the requisites concurred, otherwise, it not present in any of the cases referred to in
will be treated as an ordinary mitigating circumstances number 1, 2 and 3 or Art. 11.
circumstance. (Reyes, citing Art. 69).
Note: When two of the three requisites mentioned
(b) Correlate Article 13 with Articles 63 and 64.
therein are present, the case must be considered as a
Article 13 is meaningless without knowing
privileged mitigating circumstance referred to in Art.
the rules of imposing penalties under
69 of this Code. (Article 69 requires that a majority of
Articles 63 and 64.
the conditions required must be present.)
TIP: In bar problems, when you are given
(b) Incomplete justifying circumstance of
indeterminate sentences, these articles are very
avoidance of greater evil or injury
important.

ORDINARY V. PRIVILEGED MITIGATING CIRCUMSTANCE


Requisites under par. 4 of Art. 11:
(1) That the evil sought to be avoided actually
Ordinary MC Privileged MC exists;
(2) That the injury feared be greater than that
Can be offset by any Cannot be offset by aggravating
done to avoid it;
circumstance aggravating circumstance
(3) That there be no other practical and less
If not offset by harmful means of preventing it.
aggravating The effect of imposing
circumstance, produces upon the offender the (a) Avoidance of greater evil or injury is a justifying
the effect of applying the penalty lower by one or circumstance if all the three requisites mentioned
penalty provided by law two degrees than that in par. 4 of Art. 11 are present.
for the crime in its min provided by law for the (b) But if any of the last two requisites is lacking,
period in case of divisible crime. there is only a mitigating circumstance. The
penalty first element is indispensable.

Par. 1. Incomplete Justifying or Exempting (c) Incomplete justifying circumstance of


Circumstances performance of duty
The circumstances of justification or exemption
which may give place to mitigation, because not Requisites under par.5, Art. 11:
all the requisites necessary to justify the act or to (1) That the accused acted in the performance
exempt from criminal liability in the respective of a duty or in the lawful exercise of a right
cases are attendant, are the following: or office; and

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(2) That the injury caused or offense committed (i) An offender over 9 but under 15 of age
be the necessary consequence of the due who acted with discernment.
performance of such duty or the lawful (ii) An offender fifteen or over but under 18
exercise of such right or office. years of age.
(iii) An offender over 70 years old
People v. Oanis (1943): The SC considered one of
the 2 requisites as constituting the majority. It seems
that there is no ordinary mitigating circumstance Legal effects of various ages of offenders:
under Art. 13 par. 1 when the justifying or exempting (1) 15 and below - Exempting
circumstance has 2 requisites only. (2) Above 15 but under 18 years of age, also
Where only one of the requisites was present, an exempting circumstance, unless he
Article 69 was applied. acted with discernment (Art. 12, par. 3 as
amended by RA 9344).
INCOMPLETE EXEMPTING CIRCUMSTANCES:
(3) Minor delinquent under 18 years of age, the
(a) Incomplete exempting circumstance of Accident sentence may be suspended. (Art. 192, PD
No. 603 as amended by PD 1179)
Requisites under par. 4 of Art. 12: (4) 18 years or over, full criminal responsibility.
(5) 70 years or over – mitigating, no imposition of
(1) A person is performing a lawful act
death penalty; if already imposed. Execution
(2) With due care
(3) He causes an injury to another by mere accident of death penalty is suspended and commuted.
(4) Without fault or intention of causing it
Basis: Diminution of intelligence
There is NO SUCH MITIGATING
CIRCUMSTANCE because: Par. 3. No intention to commit so grave a
wrong (Praeter Intentionem)
(1) If the 2nd requisite and 1st part of the 4th
requisite are absent, the case will fall under
Art. 365 which punishes reckless imprudence.
There must be a notable disproportion between
the means employed by the offender and the
(2) If the 1st requisite and 2nd part of the 4th resulting harm.
requisite are absent, it will be an intentional
felony (Art. 4, par. 1).
(1) The intention, as an internal act, is judged
(a) not only by the proportion of the means
(b) Incomplete exempting circumstance of
uncontrollable fear. employed by him to the evil produced by
his act,
Requisites under par. 6 of Art. 12: (b) but also by the fact that the blow was or
was not aimed at a vital part of the body;
(1) That the threat which caused the fear was of
(c) this includes: the weapon used, the injury
an evil greater than, or at least equal to, that
inflicted and his attitude of the mind when
which he was required to commit;
the accused attacked the deceased.
(2) That it promised an evil of such gravity and
(2) The lack of intention to commit so grave a wrong
imminence that an ordinary person would
can also be inferred from the subsequent acts of
have succumbed to it.
the accused immediately after committing the
offense, such as when the accused helped his
Note: If only one of these requisites is present,
victim to secure medical treatment.
there is only a mitigating circumstance.
(3) This circumstance does not apply when the crime
results from criminal negligence or culpa.
Par. 2. Under 18 or Over 70 Years of Age
(4) Only applicable to offense resulting in death,
(a) In lowering the penalty: physical injuries, or material harm (including
property damage). It is not applicable to
Based on age of the offender at the time of the
defamation or slander.
commission of the crime not the age when
(5) This mitigating circumstance is not applicable
sentence is imposed
when the offender employed brute force.
(b) In suspension of the sentence: (6) Lack of intent to commit so grave a wrong is
Based on age of the offender (under 18) at the time the not appreciated where the offense
committed is characterized by treachery.
sentence is to be promulgated (See Art. 80, RPC)
(7) When the victim does not die as a result of the
assault in cases of crimes against persons, the
(c) Par. 2 contemplates the ff:

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absence of the intent to kill reduces the felony to not be any interval in time. Reason: When
mere physical injuries, but it does not constitute a there is an interval of time between the
mitigating circumstance under Art. 13(3). provocation and the commission of the crime,
the perpetrator has time to regain his reason.
People v. Calleto (2002):The lack of "intent" to
commit a wrong so grave is an internal state. It Sufficient provocation as a
Provocation as a
is weighed based on the weapon used, the part requisite of incomplete
mitigating circumstance
of the body injured, the injury inflicted and the self-defense
manner it is inflicted. The fact that the accused It pertains to its absence It pertains to its presence
used a 9-inch hunting knife in attacking the on the part of the person on the part of the
victim from behind, without giving him an defending himself. offended party.
opportunity to defend himself, clearly shows that (People v. CA, G.R. No.
he intended to do what he actually did, and he 103613, 2001)
must be held responsible therefor, without the
benefit of this mitigating circumstance.
TIP: The common set-up given in a bar problem is
that of provocation given by somebody against
People v. Ural (1974): The intention, as an internal whom the person provoked cannot retaliate; thus
act, is judged not only by the proportion of the the person provoked retaliated on a younger
means employed by him to the evil produced by his brother or on the father. Although in fact, there is
act, but also by the fact that the blow was or was sufficient provocation, it is not mitigating because
not aimed at a vital part of the body. Thus, it may the one who gave the provocation is not the one
be deduced from the proven facts that the accused against whom the crime was committed.
had no intent to kill the victim, his design being only
to maltreat him, such that when he realized the You have to look at two criteria:
fearful consequences of his felonious act, he (1) If from the element of time,
allowed the victim to secure medical treatment at (a) there is a material lapse of time stated in
the municipal dispensary. the problem and
(b) there is nothing stated in the problem that
Basis: Diminution of intent. the effect of the threat of provocation had
prolonged and affected the offender at the
Par. 4. Sufficient Provocation or Threat time he committed the crime
(c) then you use the criterion based on the
Elements: time element.
(1) That the provocation must be sufficient (2) If there is that time element and at the same
(2) That it must originate from the offended party time,
(3) That the provocation must be immediate to (a) facts are given indicating that at the time
the act, i.e., to the commission of the crime the offender committed the crime, he is
by the person who is provoked still suffering from outrage of the threat
or provocation done to him
Provocation - Any unjust or improper conduct (b) then he will still get the benefit of this
or act of the offended part capable of exciting, mitigating circumstance.
inciting, or irritating anyone.
Basis: Diminution of intelligence and intent.
Provocation in order to be mitigating must be
SUFFICIENT and IMMEDIATELY preceding the Romera v. People (2004): Provocation and
act. (People v. Pagal) passion or obfuscation are not 2 separate
(1) “Sufficient” means adequate to excite a person mitigating circumstances. It is well-settled that if
to commit a wrong and must accordingly be these 2 circumstances are based on the same
proportionate to its gravity. (People v. Nabora). facts, they should be treated together as one
(2) Sufficiency depends upon: mitigating circumstance. It is clear that both
(a) the act constituting provocation circumstances arose from the same set of facts.
(b) the social standing of the person provoked Hence, they should not be treated as two
(c) the place and time when the provocation separate mitigating circumstances.
is made.
(3) Between the provocation by the offended party
Par. 5. Immediate Vindication of a Grave Offense
and the commission of the crime, there should

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Elements: between the grave offense


(1) That there be a grave offense done to the done by the offended
one committing the felony, his spouse, party and the commission
ascendants, descendants, legitimate, natural of the crime by the
or adopted brothers or sisters, or relatives accused.
by affinity within the same degree.
(2) That the felony is committed in vindication of It is a mere spite against It concerns the honor of
such grave offense. A lapse of time is the one giving the the person. provocation or
allowed between the vindication and the threat.
doing of the grave offense.
(3) The vindication need not be done by the person Basis: Diminution of the conditions of voluntariness.
upon whom the grave offense was committed
Par. 6. Passion or obfuscation (Arrebato y Obcecacion)
Note: Lapse of time is allowed. The word “immediate”
used in the English text is not the correct translation. Requisites:
The Spanish text uses “proxima.” Although the grave (1) The accused acted upon an impulse
offense (slapping of the accused in front of many (2) The impulse must be so powerful that it
persons hours before the killing), which engendered naturally produces passion or obfuscation in
the perturbation of mind, was not so immediate, it was him.
held that the influence thereof, by reason of its (3) That there be an act, both unlawful and
gravity, lasted until the moment the crime was sufficient to produce such condition of mind;
committed. (People v. Parana). and
(4) That said act which produced the obfuscation
The question whether or not a certain personal was not far removed from the commission of
offense is grave must be decided by the court, the crime by a considerable length of time,
having in mind during which the perpetrator might recover his
(a) the social standing of the person, normal equanimity. [People v. Alanguilang]
(b) the place and
(c) the time when the insult was made. Note: Passion or obfuscation must arise from
lawful sentiments.
Vindication of a grave offense and passion or
obfuscation cannot be counted separately and Passion or obfuscation not applicable when:
independently. (1) The act committed in a spirit of LAWLESSNESS.
(2) The act is committed in a spirit of REVENGE.
People v. Torpio (2004: The mitigating circumstance
(4) The mitigating circumstance of obfuscation
of sufficient provocation cannot be considered apart
arising from jealousy cannot be invoked in
from the circumstance of vindication of a grave
favor of the accused whose relationship with
offense. These two circumstances arose from one
the woman was illegitimate.
and the same incident, i.e., the attack on the appellant
(5) Also, the act must be sufficient to produce
by the accused, so that they should be considered as
such a condition of mind. If the cause of loss
only one mitigating circumstance.
of self-control is trivial and slight,
obfuscation is not mitigating.
(6) Moreover, the defense must prove that the
Provocation Vindication act which produced the passion or
obfuscation took place at a time not far
It is made directly only to The grave offense may be removed from the commission of the crime.
the person committing committed against the [People v. Gervacio, 1968]
the felony. offender’s relatives (7) Passion and obfuscation may lawfully arise
mentioned by law. from causes existing only in the honest
The offense need not be a The offended party must belief of the offender.
grave offense. have done a grave offense
to the offender or his US v. De la Cruz (1912):De la Cruz, in the heat of
relatives. passion, killed the deceased who was his querida
The provocation or threat The grave offense may be (lover) upon discovering her in the act of carnal
must immediately proximate, which admits communication with a mutual acquaintance. He
precede the act. of an interval of time claims that he is entitled to the mitigating

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circumstance of passion or obfuscation and that Passion/Obfuscation Provocation


the doctrine in Hicks is inapplicable.
Passion/obfuscation is Provocation comes from
Held: US v. Hicks is not applicable to the case. In produced by an impulse the injured party.
Hicks, the cause of the alleged passion and which may be caused by
obfuscation of the aggressor was the convict's provocation.
vexation, disappointment and deliberate anger The offense which Must immediately
engendered by the refusal of the woman to engenders the precede the commission
continue to live in illicit relations with him, which perturbation of mind need of the crime.
she had a perfect reason to do. In this case, the not be immediate. It is
impulse upon which the defendant acted was the only required that the
sudden revelation that his paramour was untrue to influence thereof lasts
him and his discovery of her in flagrante in the until the moment the
arms of another. This was a sufficient impulse in crime is committed.
the ordinary and natural course of things to
produce the passion and obfuscation which the law In both, the effect of the loss of reason and self-
declares to be one of the mitigating circumstances control on the part of the offender.
to be taken into the consideration of the court..
Par. 7. Voluntary Surrender and Confession of Guilt
Passion and Obfuscation cannot co-exist with:
(1) Vindication of grave offense Two Mitigating Circumstances under This Paragraph:
(1) Voluntary surrender to a person in authority
Exception: When there are other facts closely or his agents;
connected. Thus, where the deceased, had (2) Voluntary confession of guilt before the court
eloped with the daughter of the accused, and prior to the presentation of evidence for the
later when the deceased saw the accused prosecution.
coming, the deceased ran upstairs, there are 2
facts which are closely connected, namely: (1) Whether or not a warrant of arrest had been
elopement, which is a grave offense for the family issued is immaterial and irrelevant.
of old customs, and (2) refusal to deal with him, a
stimulus strong enough to produce passion. The VOLUNTARY SURRENDER
court in People v. Diokno (G.R. No. Requisites:
L-45100), considered both mitigating (1) That the offender had not been actually arrested
circumstances in favor of the accused. (2) That the offender surrendered himself to a
person in authority or to the latter’s agent
(2) Treachery (People v. Wong) (3) That the surrender was voluntary.

Basis: Diminution of intelligence and intent. Criterion is whether or not:


(1) the offender had gone into hiding, and
PASSION/OBFUSCATION V. IRRESISTIBLE FORCE (2) the law enforcers do not know of his
whereabouts.
Passion/Obfuscation Irresistible Force
Mitigating Circumstance Exempting circumstance Note: For voluntary surrender to be appreciated,
the surrender must be spontaneous, made in such
Cannot give rise to Physical force is a physical a manner that it shows the interest of the accused
force because it condition sine qua non. does not to surrender unconditionally to the authorities,
involves physical either because (1) he acknowledges his guilt or (2)
force. wishes to save them the trouble and expenses that
Passion/obfuscation Irresistible force comes would be necessarily incurred in his search and
comes from the offender from a third person. capture. (Andrada v.People). If none of these two
himself. reasons impelled the accused to surrender, the
surrender is not spontaneous and therefore not
Must arise from lawful Irresistible force is voluntary. (People v. Laurel).
sentiments to be unlawful.
mitigating. (a) The accused must actually surrender his
own person to the authorities, admitting
PASSION/OBFUSCATION V. PROVOCATION complicity of the crime.

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(b) Merely requesting a policeman to accompany The extrajudicial confession made by the
the accused to the police headquarters is not accused is not voluntary confession because it
voluntary surrender. (People v. Flores) was made outside the court. (People v. Pardo)

Effect of Arrest (3) That the confession of guilt was made prior to the
General rule: Not mitigating when defendant presentation of evidence for the prosecution.
was in fact arrested. (People v. Conwi) (a) The change of plea should be made at
the first opportunity when his
Exceptions: arraignment was first set.
(1) But where a person, after committing the (b) A conditional plea of guilty is not mitigating.
offense and having opportunity to escape, (c) Plea of guilt on appeal is not mitigating.
voluntarily waited for the agents of the (d) Withdrawal of plea of not guilty before
authorities and voluntarily gave up, he is presentation of evidence by prosecution
entitled to the benefit of the circumstance, is still mitigating. All that the law requires
even if he was placed under arrest by a is voluntary plea of guilty prior to the
policeman then and there. (People v. Parana) presentation of the evidence by the
(2) Where the arrest of the offender was after prosecution.
his voluntary surrender or after his doing an (e) A plea of guilty on an amended
act amounting to a voluntary surrender to information will be considered as an
the agent of a person in authority. (People v. attenuating circumstance if no evidence
Babiera; People v. Parana) was presented in connection with the
charges made therein. (People v. Ortiz)
PERSON IN AUTHORITY AND HIS AGENT
Person in authority – is one directly vested Basis: Lesser perversity of the offender.
with jurisdiction, that is, a public officer who has
the power to govern and execute the laws PLEA TO A LESSER OFFENSE
whether as an individual or as a member of
Rule 116, sec. 2, ROC – At arraignment, the
some court or governmental corporation, board
accused, with the consent of the offended party
or commission. A barrio captain and a barangay
and prosecutor, may be allowed by the trial court to
chairman are also persons in authority. (Art.
plead guilty to a lesser offense which is necessarily
152, RPC, as amended by PD No. 299).
included in the offense charged. After arraignment
but before trial, the accused may still be allowed to
Agent of a person in authority – is a person,
plead guilty to said lesser offense after withdrawing
who, by direct provision of law, or by election or
his plea of not guilty. No amendment of the
by competent authority, is charged with the
complaint or information is necessary.
maintenance of public order and the protection
and security of life and property and any person
who comes to the aid of persons in authority. People v. Dawaton (2002):Information for murder was
(Art. 152, as amended by RA 1978). filed against Dawaton. When first arraigned he
pleaded not guilty, but during the pre-trial he offered
Time of Surrender - the RPC does not distinguish to plead guilty to the lesser offense of homicide but
among the various moments when the surrender may was rejected by the prosecution. The trial court
occur. (Reyes, Revised Penal Code). The fact that a sentenced him to death. He avers that he is entitled to
warrant of arrest had already been issued is no bar to the mitigating circumstance of plea of guilty.
the consideration of that circumstance because the
law does not require that the surrender be prior the Held: While the accused offered to plead guilty to the
arrest. (People v. Yecla and Cahilig).What is lesser offense of homicide, he was charged with
important is that the surrender be spontaneous. murder for which he had already entered a plea of not
guilty. We have ruled that an offer to enter a plea of
PLEA OF GUILT guilty to a lesser offense cannot be considered as an
Requisites: attenuating circumstance under the provisions of Art.
(1) That the offender spontaneously confessed 13 of RPC because to be voluntary the plea of guilty
his guilt. must be to the offense charged.
(2) That the confession of guilt was made in
open court, that is, before the competent Also, Sec. 2, Rule 116, of the Revised Rules of
court that is to try the case; and Criminal Procedure requires the consent of the
offended party and the prosecutor before an accused

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may be allowed to plead guilty to a lesser offense People v. Javier (1999): Javier was married to the
necessarily included in the offense charged. The deceased for 41 years. He killed the deceased and
prosecution rejected the offer of the accused. then stabbed himself in the abdomen. Javier was
found guilty of parricide. In his appeal, he claims
Par. 8. Physical Defects that he killed his wife because he was suffering
from insomnia for a month and at the time of the
(a) This paragraph does not distinguish killing, his mind went totally blank and he did not
between educated and uneducated deaf- know what he was doing. He also claims that he
mute or blind persons. was insane then.
(b) Physical defect referred to in this paragraph is
such as being armless, cripple, or a stutterer, Held: No sufficient evidence or medical finding
whereby his means to act, defend himself or was offered to support his claim. The court also
communicate with his fellow beings are limited. took note of the fact that the defense, during the
(c) The physical defect that a person may have trial, never alleged the mitigating circumstance
must have a relation to the commission of of illness. The alleged mitigating circumstance
the crime. was a mere afterthought to lessen the criminal
(d) Where the offender is deaf and dumb, personal liability of the accused.
property was entrusted to him and he
misappropriated the same. The crime committed Par. 10. Analogous Mitigating Circumstances
was estafa. The fact that he was deaf and dumb
is not mitigating since that does not bear any Any other circumstance of similar nature and
relation to the crime committed. analogous to the nine mitigating circumstances
(e) If a person is deaf and dumb and he has been enumerated in art. 513 may be mitigating.
slandered, he cannot talk so what he did was (1) The act of the offender of leading the law
he got a piece of wood and struck the fellow enforcers to the place where he buried the
on the head. The crime committed was instrument of the crime has been considered
physical injuries. The Supreme Court held that as equivalent to voluntary surrender.
being a deaf and dumb is mitigating because (2) Stealing by a person who is driven to do so
the only way is to use his force because he out of extreme poverty is considered as
cannot strike back in any other way. analogous to incomplete state of necessity.
(3) Over 60 years old with failing sight, similar to
Basis: Diminution of freedom of action, over 70 years of age mentioned in par. 2. (People
therefore diminution of voluntariness. v. Reantillo).
(4) Voluntary restitution of stolen goods similar
Par. 9. Illness to voluntary surrender (People v. Luntao).
(5) Impulse of jealous feelings, similar to
Elements: passion and obfuscation. (People v. Libria).
(1) That the illness of the offender must (6) Extreme poverty and necessity, similar to
diminish the exercise of his will-power incomplete justification based on state of
(2) That such illness should not deprive the necessity. (People v. Macbul).
offender of consciousness of his acts. (7) Testifying for the prosecution, without previous
discharge, analogous to a plea of guilty. (People
(a) When the offender completely lost the v. Narvasca).
exercise of will-power,it may be an
exempting circumstance. Canta v. People:Canta stole a cow but alleges that
(b) It is said that this paragraph refers only to he mistook the cow for his missing cow. He made a
diseases of pathological state that trouble calf suckle the cow he found and when it did,
the conscience or will. Canta thought that the cow he found was really his.
(c) A mother who, under the influence of a However, he falsified a document describing the
puerperal fever, killed her child the day said cow’s cowlicks and markings. After getting
following her delivery. caught, he surrendered the cow to the custody of
the authorities in the municipal hall.
Basis: Diminution of intelligence and intent.
Held: Canta’s act of voluntarily taking the cow to the
municipal hall to place it in the custody of authorities
(to save them the time and effort of having to recover

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the cow) was an analogous circumstance to and cannot be offset by mitigating


voluntary surrender. circumstances such as:
(a) quasi-recidivism (Art. 160)
(b) complex crimes (Art. 48)
AGGRAVATING CIRCUMSTANCES (c) error in personae (Art. 49)
(d) taking advantage of public position and
Aggravating Circumstances – are those membership in an organized/syndicated
circumstances which raise the penalty for a crime
crime group (Art. 62)
in its maximum period provided by law applicable
to that crime or change the nature of the crime. Generic Aggravating Qualifying Aggravating
Circumstances Circumstances
Note: The list in this Article is EXCLUSIVE – there The effect of a qualifying
are no analogous aggravating circumstances. The effect of a generic AC, AC is not only to give the
not offset by any crime its proper and
(a) The aggravating circumstances must be mitigating circumstance, exclusive name but also
established with moral certainty, with the is to increase the penalty to place the author
same degree of proof required to establish which should be imposed thereof in such a situation
the crime itself. upon the accused to the as to deserve no other
(b) According to the Revised Rules of Criminal MAXIMUM PERIOD. penalty than that
Procedure, BOTH generic and qualifying specially prescribed by
aggravating circumstances must be alleged in the law for said crime.
Information in order to be considered by the Court in
imposing the sentence. (Rule 110, Sec. 9) The circumstance affects
It is not an ingredient of the nature of the crime
Basis the crime. It only affects itself such that the
(1) the motivating power behind the act the penalty to be imposed offender shall be liable for
(2) the place where the act was committed but the crime remains the a more serious crime. The
(3) the means and ways used same circumstance is actually
(4) the time an ingredient of the crime
(5) the personal circumstance of the offender The circumstance can be Being an ingredient of the
and/or of the victim offset by an ordinary crime, it cannot be offset
by any mitigating
mitigating circumstance
Kinds circumstance
(1) GENERIC – Those that can generally apply to all
crimes. Nos. 1, 2, 3 (dwelling), 4, 5, 6, 9, 10, 14,
Aggravating circumstances which do not
18, 19, and 20 except “by means of motor have the effect of increasing the penalty:
vehicles”. A generic aggravating (1) Aggravating circumstances which in themselves
circumstance may be offset by a generic constitute a crime especially punishable by law.
mitigating circumstance.
(2) Aggravating circumstances which are
(2) SPECIFIC – Those that apply only to
included by the law in defining a crime and
particular crimes. Nos. 3 (except dwelling),
prescribing the penalty therefore shall not be
15, 16, 17 and 21.
taken into account for the purpose of
(3) QUALIFYING –Those that change the nature
increasing the penalty. (Art. 62, par. 1).
of the crime. Art. 248 enumerate the qualifying
(3) The same rule shall apply with respect to
AC which qualifies the killing of person to
any aggravating circumstance inherent in
murder. If two or more possible qualifying
the crime to such a degree that it must of
circumstances were alleged and proven, only
necessity accompany the commission
one would qualify the offense and the others
thereof. (Art. 62, par. 2).
would be generic aggravating.
(4) INHERENT – Those that must accompany the
Aggravating circumstances which are
commission of the crime and is therefore not
personal to the offenders.
considered in increasing the penalty to be
Aggravating circumstances which arise:
imposed such as evident premeditation in theft,
(1) from moral attributes of the offender;
robbery, estafa, adultery and concubinage.
(2) from his private relations with the offended
(5) SPECIAL – Those which arise under special
party; or
conditions to increase the penalty of the offense

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(3) from any personal cause, shall only serve to (a) commits a common crime independent
aggravate the liability of the principals, of his official functions and
accomplices, accessories as to whom such (b) does acts that are not connected with
circumstances are attendant. (Art. 62, par. 3). the duties of his office,
(c) he should be punished as a private
Aggravating circumstances which depend for their individual without this aggravating
application upon the knowledge of offenders. circumstance.
The circumstances which consist (1) in the material (5) Even if defendant did not abuse his office, if
execution of the act, or (2) in the means employed it is proven that he has failed in his duties as
to accomplish it, shall serve to aggravate the such public officer, this circumstance would
liability of those persons only who had knowledge warrant the aggravation of his penalty. Thus,
of them at the time of the execution of the act or the fact that the vice-mayor of a town joined
their cooperation therein. (Art. 62, par. 4). a band of brigands made his liability greater.
(U.S. v. Cagayan).
GENERIC (6) The circumstance cannot be taken into
21 Aggravating Circumstances under Art. 14: consideration in offenses where taking
(1) Taking Advantage of Public Office advantage of official position is made by law
(2) In Contempt of or With Insult to Public an integral element of the crime such as in
Authorities malversation (Art. 217) or falsification of
(3) With Insult or Lack of Regard Due to Offended public documents under Art. 171.
Party by Reason of Rank, Age or Sex (7) Taking advantage of public position is also
(4) Abuse Of Confidence And Obvious inherent in the following cases:
Ungratefulness (a) Accessories under Art. 19, par. 3
(5) Crime In Palace Or In Presence Of The (harboring, concealing or assisting in the
Chief Executive escape of the principal of the crime); and
(6) Nighttime; Uninhabited Place; With A Band (b) Title VII of Book Two of the RPC
(7) On Occasion Of A Calamity (Crimes committed by public officers).
(8) Aid Of Armed Men Or Means To Ensure
Basis: Greater perversity of the offender as shown.
Impunity
(9) Recidivism
Par. 2. That the crime be committed in contempt
(10) Reiteration or Habituality
(11) Price, Reward Or Promise of or with insult to the public authorities
(12) Inundation, Fire, Poison
(13) Evident Premeditation Requisites:
(14) Craft, Fraud Or Disguise (1) That the public authority is engaged in the
(15) Superior Strength Or Means To Weaken exercise of his functions.
Defense (2) That he who is thus engaged in the exercise
(16) Treachery of his functions is not the person against
(17) Ignominy whom the crime is committed.
(3) The offender knows him to be a public authority.
(18) Unlawful Entry
(19) Breaking Wall, Floor, Roof (4) His presence has not prevented the offender
(20) With Aid Of Persons Under 15 By Motor Vehicle from committing the criminal act.
(21) Cruelty
Public Authority / Person in Authority – is a person
Par. 1.That advantage be taken by the
directly vested with jurisdiction, that is, a public officer
offender of his public position
who has the power to govern and execute the laws.
The councilor, mayor, governor, barangay captain,
(1) This is applicable only if the offender is a
barangay chairman etc. are persons in authority. (Art.
public officer.
152, as amended by P.D. 1232)
(2) The public officer must:
(a) A school teacher, town municipal health
(a) Use the influence, prestige or
ascendancy which his office gives him officer, agent of the BIR, chief of police, etc.
(b) As means by which he realizes his purpose. are now considered a person in authority.
(3) The essence of the matter is presented in the
(b) Par. 2 is not applicable if committed in the
presence of an agent only such as a police
inquiry, “did the accused abuse his office in
order to commit the crime?”(U.S. v. Rodriguez)
officer.
(4) When a public officer

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Agent - A subordinate public officer charged May refer to old age or tender age of the victim.
with the maintenance of public order and the
protection and security of life and property, such (c) Sex of the offended party
as barrio policemen, councilmen, and any (1) This refers to the female sex, not to
person who comes to the aid of persons in the male sex.
authority.(Art. 152, as amended by BP 873). (2) The aggravating circumstance is NOT to
be considered in the following cases:
Knowledge that a public authority is present (a) When the offender acted with passion
is essential. and obfuscation. (People v. Ibanez)
(a) Lack of such knowledge indicates lack of (b) When there exists a relationship
intention to insult public authority. between the offended party and the
(b) If crime is committed against the public offender. (People v. Valencia)
authority while in the performance of his (c) When the condition of being a
duty, the offender commits direct assault woman is indispensable in the
without this aggravating circumstance. commission of the crime. Thus, in
rape, abduction, or seduction, sex is
Basis: Greater perversity of the offender as shown not aggravating. (People v. Lopez)
by his lack of respect for the public authorities.
(d) Dwelling (Morada)
People v. Rodil (1981):There is the aggravating (1) Building or structure, exclusively used
circumstance that the crime was committed in for rest and comfort.Thus, in the case of
contempt of or with insult to public authorities People v. Magnaye, a “combination of a
when the chief of police was present when the house and a store”, or a market stall
incident occurred. The chief of police should be where the victim slept is not a dwelling.
(2) This is considered an AC because in certain
considered a public authority because he is
cases, there is an abuse of confidence which
vested with authority to maintain peace and
the offended party reposed in the offender by
order over the entire municipality
opening the door to him.
Par. 3. That the act be committed with insult or in (3) Dwelling need not be owned by the
disregard of the respect due the offended party on
offended party.
account of his rank, age, or sex, or that is be
(4) It is enough that he used the place for his
peace of mind, rest, comfort and privacy.
committed in the dwelling of the offended party, if
the latter has not given provocation.
(5) Dwelling should not be understood in
the concept of a domicile: A person has
more than one dwelling. So, if a man
(a) Four circumstances are enumerated in this
has so many wives and he gave them
paragraph, which can be considered singly
places of their own, each one is his own
or together.
dwelling. If he is killed there, dwelling
(b) If all the 4 circumstances are present, they
will be aggravating, provided that he
have the weight of one aggravating
also stays there once in a while.
circumstance only.
(c) There must be evidence that in the commission (6) If a crime of adultery was committed.
of the crime, the accused deliberately intended to Dwelling was considered aggravating on
offend or insult the sex or age of the offended the part of the paramour. However, if the
party. (People v. Mangsat) paramour was also residing in the same
dwelling, it will not be aggravating.
(d) Disregard of rank, age or sex may be taken
(7) The offended party must not give
into account only in crimes against persons
provocation. (People v. Ambis).
or honor. (People v. Pugal; People vs. Ga)
(8) When a crime is committed in the dwelling
of the offended party and the latter has not
(a) Rank of the offended party
given provocation, dwelling may be
(1) Designation or title used to fix the relative
position of the offended party in appreciatedasanaggravating
reference to others. circumstance. Provocation in the
aggravating circumstance of dwelling
(2) There must be a difference in the social
must be:
condition of the offender and the
offended party. (a) given by the offended party
(b) sufficient, and
(b) Age of the offended party

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(c) immediate to the commission of the robbery can be committed without the
crime.(People v. Rios, 2000) necessity of trespassing the sanctity of the
(9) It is not necessary that the accused should offended party’s house. (People v. Cabato)
have actually entered the dwelling of the (3) In the crime of trespass to dwelling, it is inherent
victim to commit the offense: it is enough or included by law in defining the crime.
that the victim was attacked inside his own (4) When the owner of the dwelling gave sufficient
house, although the assailant may have and immediate provocation. (Art. 14 par. 3)
devised means to perpetrate the assault.
(People v. Ompaid, 1969) Par. 4.That the act be committed with abuse
(10)Dwelling includes dependencies, the of confidence or obvious ungratefulness
foot of the staircase and the enclosure
under the house. (U.S. v. Tapan) Par. 4 provides two aggravating circumstances.
If present in the same case, they must be
Basis: Greater perversity of the offender as shown independently appreciated.
by the personal circumstances of the offended
party and the place of the commission of the crime. (a) Abuse of confidence (Abuso de confianza)
(1) That the offended party had trusted the
People vs. Taoan: Teachers, professors, supervisors offender.
of public and duly recognized private schools, (2) That the offender abused such trust by
colleges and universities, as well as lawyers are committing a crime against the offended
persons in authority for purposes of direct assault and party.
simple resistance, but not for purposes of aggravating (3) That the abuse of confidence facilitated
circumstances in paragraph 2, Article 14. the commission of the crime.

(a) The confidence between the offender


People v. Taño (2000):Dwelling cannot be and the offended party must be
appreciated as an aggravating circumstance in this immediate and personal.
case because the rape was committed in the (b) It is inherent in malversation (Art. 217),
ground floor of a two-story structure, the lower floor qualified theft (Art. 310), estafa by
being used as a video rental store and not as a conversion or misappropriation (Art.
private place of abode or residence. 315) and qualified seduction. (Art. 337).

People v. Arizobal (2000): Generally, dwelling is (b) Obvious ungratefulness


considered inherent in the crimes which can only (1) That the offended party had trusted the
be committed in the abode of the victim, such as offender;
trespass to dwelling and robbery in an inhabited (2) That the offender abused such trust by
place. However, in robbery with homicide the committing a crime against the offended
authors thereof can commit the heinous crime party;
without transgressing the sanctity of the victim's (3) That the act be committed with obvious
domicile. In the case at bar, the robbers ungratefulness.
demonstrated an impudent disregard of the
inviolability of the victims' abode when they forced (a) The ungratefulness must be obvious: (1)
their way in, looted their houses, intimidated and manifest and (2) clear.
coerced their inhabitants into submission, disabled (b) In a case where the offender is a servant,
Laurencio and Jimmy by tying their hands before the offended party is one of the members
dragging them out of the house to be killed. of the family. The servant poisoned the
child. It was held that abuse of confidence
Dwelling is not aggravating in the following cases: is aggravating. This is only true, however,
(1) When both offender and offended party are if the servant was still in the service of the
occupants of the same house (U.S. v. family when he did the killing. If he was
Rodriguez), and this is true even if offender driven by the master out of the house for
is a servant of the house. (People v. Caliso) some time and he came back to poison
(2) When the robbery is committed by the use of the child, abuse of confidence will no
force things, dwelling is not aggravating because longer be aggravating. The reason is
it is inherent. (U.S. v. Cas). But dwelling is because that confidence has already been
aggravating in robbery with violence or terminated when the offender was driven
intimidation of persons because this class or out of the house.

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Par. 6. That the crime be committed in the


Basis: Greater perversity of the offender as (a) night time, or
shown by the means and ways employed. (b) in an uninhabited place, or
(c) by a band, whenever such circumstances
People v. Arrojado (2001):For the aggravating may facilitate the commission of the offense.
circumstance of abuse of confidence to exist, it is
essential to show that the confidence between the These 3 circumstances may be considered
parties must be immediate and personal such as separately:
(1) when their elements are distinctly perceived and
would give the accused some advantage or make it
easier for him to commit the criminal act. The (2) can subsist independently,
confidence must be a means of facilitating the (3) revealing a greater degree of perversity.
commission of the crime, the culprit taking
advantage of the offended party's belief that the Requisites:
former would not abuse said confidence. (1) When it facilitated the commission of the
crime; or
Par. 5. That the crime be committed in the palace of the (2) When especially sought for by the offender
Chief Executive or in his presence, or where public to insure the commission of the crime or for
authorities are engaged in the discharge of their duties, or
the purpose of impunity; or
(3) When the offender took advantage thereof
in a place dedicated to religious worship
for the purpose of impunity.
If it is the Malacañang Palace or a church it is
(a) Nighttime (Nocturnidad)
aggravating regardless of whether State or
official or religious functions are being held. The commission of the crime must begin and be
accomplished in the nighttime (after sunset and
(a) The President need not be in the palace.
(b) His presence alone in any place where the crime
before sunrise).
is committed is enough to constitute the AC. (1) the offender purposely took advantage of
nighttime; or
(c) It also applies even if he is not engaged in
the discharge of his duties in the place (2) it facilitated the commission of the offense.
where the crime was committed.
(a) Nighttime by and of itself is not an
(d) Cemeteries are not places dedicated for
aggravating circumstance.
religious worship.
(b) The offense must be actually committed in
Note: Offender must have the intention to commit a the darkness of the night.
(c) When the place is illuminated by light,
crime when he entered the place. (People v. Jaurigue)
nighttime is not aggravating.
(d) Nighttime may be absorbed by treachery
Par. 5 depending on circumstances.
Par. 2
Where public authorities (e) Nighttime need not be specifically sought for
Contempt or insult to
are engaged in the when:
public authorities
discharge of their duties (1) the offender purposely took advantage
Public authorities are engaged in the of nighttime; or
performance of their duties. (2) it facilitated the commission of the offense.
Public duty is performed Public duty is performed
(b) Uninhabited place (Desplobado)
in their office outside of their office
It is determined not by the distance of the
The offended party may or The public authority nearest house to the scene of the crime but
may not be the public should not be the whether or not in the place of the commission of
authority offended party the offense, there was a reasonable possibility
of the victim receiving some help.
As regards the place where the public authorities
are engaged in the discharge of their duties, there (a) Solitude must be sought to better attain the
must be some performance of public functions. criminal purpose. (People v. Aguinaldo)
(b) The offenders must choose the place as an aid
Basis: Greater perversity of the offender as either (1) to an easy and uninterrupted
shown by the place of the commission of the accomplishment of their criminal designs, or (2)
crime, which must be respected. to insure concealment of the offense, that he

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might thereby be better secured against The rationale for this AC is the debased form of
detection and punishment. (U.S. v. Vitug). criminality of one who, in the midst of a great
calamity, instead of lending aid to the afflicted,
(c) Band (Cuadrilla) adds to their suffering by taking advantage of
Band - Whenever more than three armed their misfortune and despoiling them.
malefactors shall have acted together in the (a) The offender must take advantage of the
commission of an offense, it shall be deemed to calamity or misfortune.
have been committed by a band. (b) “OR OTHER CALAMITY OR MISFORTUNE” –
refers to other conditions of distress similar to
There should “conflagration, shipwreck, earthquake or
(1) Beat least be four persons epidemic.”
(2) At least 4 of them should be armed
(3) and are principals by direct participation. Basis: To the time of the commission of the crime.

(a) This aggravating circumstance is absorbed in the Par. 8. That the crime be committed with the aid of armed
circumstance of abuse of superior strength. men, or persons who insure or afford impunity
(b) This is inherent in brigandage.
(c) The armed men must have acted together in Requisites:
the commission of the crime. (1) That the armed men or persons took indirectly
part in the commission of the crime,
Basis: On the time and place of the commission (2) That the accused availed himself of their aid
of the crime and means and ways employed. or relied upon them when the crime was
committed.
People v. Librando (2000):In this case the trial
court considered nighttime and uninhabited Not applicable -
place as just one aggravating circumstance. (a) When both the attacking party and the party
attacked were equally armed.
Held: The court did not err in considering nighttime (b) When the accused as well as those who
and uninhabited place as just one aggravating cooperated with him in the commission of
circumstance. The court cited the case of People vs. the crime acted under the same plan and for
Santos where it has been held that if the aggravating the same purpose.
circumstances of nighttime, uninhabited place or band (c) Casual presence, or when the offender did
concur in the commission of the crime, all will not avail himself of their aid nor knowingly
constitute one aggravating circumstance only as a count upon their assistance in the
general rule although they can be considered commission of the crime.
separately if their elements are distinctly perceived
and can subsist independently, revealing a greater Par. 6 Par. 8
degree of perversity. By a band With aid of armed me
Requires more than 3 At least two armed men
People v. Bermas (1999):By and of itself, armed malefactors
nighttime is not an aggravating circumstance; it Requires that more than This circumstance is
becomes so only when: three armed malefactors present even if one of the
1) it is specially sought by the offender; or shall have acted together offenders merely relied on
2) it was taken advantage of by him; or in the commission of an their aid, for actual aid is
3) it facilitates the commission of the crime by offense not necessary
insuring the offender’s immunity from capture.
Band members are all Armed men are mere
Also, if treachery is also present in the principals accomplices
commission of the crime, nighttime is absorbed
in treachery and cannot be appreciated as a Aid of armed men includes “armed women”.
generic aggravating circumstance. [People v. Licop]

Par. 7. That the crime be committed on the occasion Note: “Aid of armed men” is absorbed by
of a conflagration, shipwreck, earthquake, epidemic “employment of a band”.
or other calamity or misfortune
Basis: Means and ways of committing the crime.

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subsequently convicted of a crime embraced


Par. 9. That the accused is a recidivist (reincidencia) in the same title of the Revised Penal Code,
it is taken into account as aggravating in
Requisites: imposing the penalty.
(1) That the offender is on trial for an offense; (e) Pardon does not erase recidivism, even if it is
(2) That he was previously convicted by final absolute because it only excuses the service
judgment of another crime; of the penalty, not the conviction. However, if a
(3) That both the first and the second offenses person was granted an amnesty, and
are embraced in the same title of the Code; thereafter he is convicted of another crime of
(4) That the offender is convicted of the new the same class as the former crimes, his
offense. former conviction would not be aggravating.
According to Art. 89, amnesty extinguishes not
Different forms of repetition or habituality of offender only the penalty but also its effects.
(a) Recidivism under Article 14 (9)—The
offender at the time of his trial for one crime If the offender has
shall have been previously convicted by final (1) already served his sentence and
judgment of another embraced in the same (2) he was extended an absolute pardon,
title of the Revised Penal Code. (a) the pardon shall erase the conviction
(b) Repetition or reiteracion under Article 14 (9)— including recidivism because there is no
The offender has been previously punished for more penalty
an offense to which the law attaches an equal or (b) so the pardon shall be understood as
greater penalty or for two or more crimes to referring to the conviction or the effects
which it attaches a lighter penalty. of the crime.
(c) Habitual delinquency under Article 62 (5)—
The offender within a period of 10 years from the Basis: Greater perversity of the offender, as
date of his release or last conviction of the crimes shown by his inclination to crimes.
of serious or less serious physical injuries, robo,
hurto, estafa or falsification, is found guilty of any People vs. Molina (2000):To prove recidivism, it is
of the said crimes a third time or another. necessary to allege the same in the information and
(d) Quasi-recidivism under Article 160—Any to attach thereto certified copies of the sentences
person who shall ` a felony after having been rendered against the accused. Nonetheless, the trial
convicted by final judgment before beginning court may still give such AC credence if the accused
to serve such sentence or while serving such does not object to the presentation.
sentence shall be punished by the maximum
period prescribed by law for the new felony
People v. Dacillo (2004): In order to appreciate
In recidivism, the crimes committed should be recidivism as an aggravating circumstance, it is
felonies. There is no recidivism if the crime necessary to allege it in the information and to
committed is a violation of a special law. attach certified true copies of the sentences
What is controlling is the time of the trial, not the previously meted out to the accused, in
time of the commission of the offense (i.e. there accordance with Rule 110, Section 8 of the
was already a conviction by final judgment at the Revised Rules of Criminal Procedure.
time of the trial for the second crime).
(a) What is required is previous conviction at Par. 10. That the offender has been previously
the time of the trial. punished by an offense to which the law attaches
(b) The best evidence of a prior conviction is a an equal or greater penalty or for two or more
certified copy of the original judgment of crimes to which it attaches a lighter penalty
conviction, and such evidence is always
admissible and conclusive unless the Requisites:
accused himself denies his identity with the (1) That the accused is on trial for an offense;
person convicted at the former trial. (Aquino, (2) That he previously served sentence for
Revised Penal Code) another offense to which the law attaches:
(c) At the time of the trial means from the (a) an equal or
arraignment until after sentence is (b) greater penalty, or
announced by the judge in open court. (c) for 2 or more crimes to which it attaches
(d) Recidivism does not prescribe. No matter how lighter penalty than that for the new
long ago the offender was convicted, if he is offense; and

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(3) That he is convicted of the new offense. Art. 62, Par. 5 Habitual
Art. 14, Par. 9 Recidivism
Delinquency
In Reiteracion or Habituality, it is essential that
the offender be previously punished; that is, he release therefrom to the
has served sentence. third conviction and so on
Habitual delinquency is a
Par. 10 speaks of special aggravating
(a) penalty attached to the offense, It is a generic aggravating circumstance, hence it
(b) not the penalty actually imposed circumstance which can cannot be offset by any
be offset by an ordinary mitigating circumstance.
Basis: Greater perversity of the offender as mitigating circumstance. Aside from the penalty
shown by his inclination to crimes. prescribed by law for the
If not offset, it would only crime committed, an
increasethe penalty additional penalty shall
Par. 9 Recidivism Par. 10 Reiteracion
prescribed by law for the be imposed depending
It is enough that a final It is necessary that the crime committed to its upon whether it is already
judgment has been offender shall have served maximum period the third conviction, the
rendered in the first out his sentence for the fourth, the fifth and so on
offense. first offense.
The previous and Since reiteracion provides that the accused has duly
Requires that the offenses subsequent offenses must served the sentence for previous conviction/s, or is
be included in the same not be embraced in the legally considered to have done so, quasi-recidivism
title of the Code same title of the Code cannot at the same time constitute reiteracion, hence
the latter cannot apply to a quasi-recidivist.
Always to be taken into
consideration in fixing the Not always an If the same set of facts constitutes recidivism and
penalty to be imposed aggravating circumstance reiteracion, the liability of the accused should be
upon the accused aggravated by recidivism which can be easily proven.
Rationale is the proven Rationale is the proven
tendency to commit a resistance to Par. 11. That the crime be committed in
similar offense rehabilitation consideration of a price, reward, or promise

When this Aggravating Circumstance is present,


Art. 62, Par. 5 Habitual
Art. 14, Par. 9 Recidivism there must be 2 or more principals:
Delinquency (a) the one who gives or offers the price or
Two convictions are At least three convictions promise; and
enough are required (b) the one who accepts it.
The crimes are limited
(1) Both of whom are principals to the former,
and specified to:
because he directly induces the latter to commit
(a) serious physical
the crime, and the latter because he commits it.
The crimes are not injuries,
specified; it is enough that (b) Less serious physical (2) When this AC is present, it affects not only
they may be embraced injuries, the person who received the price or reward,
under the same title of (c) robbery, but also the person who gave it.
(3) The evidence must show that one of the
the Revised Penal Code (d) theft,
accused used money or valuable
(e) estafa or swindling
consideration for the purpose of inducing
and
another to perform the deed. (U.S. v. Gamao).
(f) falsification
(4) If without previous promise it was given
There is a time limit of not voluntarily after a crime was committed as an
There is no time limit more than 10 years expression of his appreciation for the sympathy
between the first between every conviction and aid shown by the other accused, it should not
conviction and the computed from the first be taken into consideration for the purpose of
subsequent conviction. conviction or release from increasing the penalty.
Recidivism is punishment thereof to
imprescriptible. conviction computed from The price, reward or promise:
the second conviction or (a) Need not consist of or refer to material things; or

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(b) That the same were actually delivered, (a) an opportunity to coolly and serenely think
it being sufficient that the offer made by the and deliberate
principal by inducement was accepted by (1) on the meaning and
the principal by direct participation before (2) consequences of what he planned to do,
the commission of the offense. (b) an interval long enough for his conscience
and better judgment to overcome his evil
Basis: Greater perversity of the offender, as desire and scheme. (People v. Durante)
shown by the motivating power itself. (c) The premeditation must be based upon
external facts, and must be evident, not merely
Par. 12. That the crime be committed by means suspected indicating deliberate planning.
of inundation, fire, poison, explosion, stranding (d) The date and time when the offender
of a vessel or international damage thereto, determined to commit the crime is essential,
derailment of a locomotive, or by the use of any because the lapse of time for the purpose of
other artifice involving great waste and ruin the third requisite is computed from that date
and time.
(a) Unless used by the offender as a means to (e) After the offenders had determined to clung
accomplish a criminal purpose, any of the commit the crime, there must be a manifest
circumstances in paragraph 12 cannot be indication that they clung to their determination.
considered to increase the penalty or to (f) Where conspiracy is directly established, with
change the nature of the offense. proof of the attendant deliberation and selection
(b) When another AC already qualifies the of the method, time and means of executing the
crime, any of these AC’s shall be considered crime, the existence of evident premeditation can
as generic aggravating circumstance only. be taken for granted. (U.S. v. Cornejo)
(c) Fire is not aggravating in the crime of arson. (g) Evident premeditation is inherent in robbery,
(d) Whenever a killing is done with the use of fire, adultery, estafa, and falsification.
as when you kill someone, you burn down his However, it may be aggravating in robbery
house while the latter is inside, this is murder. with homicide if the premeditation included
(e) There is no such crime as murder with arson or the killing of the victim. (People v. Valeriano)
arson with homicide. The crime is only murder. (h) In order that premeditation may exist, it is not
(f) If the intent is to destroy property - the crime is necessary that the accused premeditated the
arson even if someone dies as a consequence. killing of a particular individual. If the offender
(g) If the intent is to kill - there is murder even premeditated on the killing of any person (general
if the house is burned in the process. attack), it is proper to consider against the
offender the aggravating circumstance of evident
Basis: Means and ways employed. premeditation, because whoever is killed by him
is contemplated in the premeditation. [US v.
Manalinde, 1909]
Par. 13. That the act be committed with
evident premeditation Basis: Reference to the ways of committing the
crime because evident premeditation implies a
Requisites: deliberate planning of the act before executing it.
(1) The time when the offender determined to
commit the crime; People v. Salpigao:Evident premeditation is
(2) An act manifestly indicating that the culprit presumed to exist when conspiracy is directly
has clung to his determination; and established. When conspiracy is merely implied,
(3) A sufficient lapse of time between the evident premeditation cannot be presumed, the
determination and execution, to allow him to latter must be proved just like any other fact.
reflect upon the consequences of his act
and to allow is conscience to overcome the
resolution of his will.

Evident premeditation implies


(a) a deliberate planning of the act
(b) before executing it.

The essence of premeditation

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People v. Mondijar(2002):There was no evident (2) to act in a manner


premeditation. For the circumstance of evident (b) which would enable the offender to carry out
premeditation to be appreciated, the prosecution his design.
must present clear and positive evidence of the
planning and preparation undertaken by the CRAFT
offender prior to the commission of the crime. Craft and fraud may be
Settled is the rule that evident premeditation, like (a) absorbed in treachery if they have been
any other circumstance that qualifies a killing to deliberately adopted as the means, methods
murder, must be established beyond reasonable or forms for the treacherous strategy, or
doubt as conclusively and indubitably as the killing (b) they may co-exist independently where
itself. In the present case, no evidence was they are adopted for a different purpose in
presented by the prosecution as to when and how the commission of the crime.
appellant planned and prepared for the killing of
the victim. There is no showing of any notorious act Fraud Craft
evidencing a determination to commit the crime
which could prove appellant's criminal intent. When there is a DIRECT
INDUCEMENT by The act of the accused
insidious words or was done in order NOT
People v. Biso (2003): Dario, a black belt in karate, TO AROUSE SUSPICION
machinations
entered an eatery, seated himself beside Teresita
and made sexual advances to her in the presence
of her brother, Eduardo. Eduardo contacted his
DISGUISE
cousin, Biso, an ex-convict and a known toughie in (a) Resorting to any device to conceal identity.
the area, and related to him what Dario had done (b) The test of disguise is
to Teresita. Eduardo and Pio, and 2 others decided (1) whether the device or contrivance
to confront Dario. They positioned themselves in resorted to by the offender
the alley near the house of Dario. When Dario (2) was intended to or did make
arrived on board a taxicab, the four assaulted identification more difficult, such as the
Dario. Eduardo held, with his right hand, the wrist use of a mask, false hair or beard.
(c) But if in spite of the use of handkerchief to cover
of Dario and covered the mouth of Dario with his
their faces, the culprits were recognized by the
left hand. The 2 others held Dario's right hand and
hair. Pio then stabbed Dario near the breast with a victim, disguise is not considered aggravating.
fan knife. Eduardo stabbed Dario and fled with his
three companions from the scene. Basis: Means employed in the commission of
the crime.
Held: There was no evident premeditation. The
prosecution failed to prove that the four intended to People v. San Pedro:Where the accused pretended to
kill Dario and if they did intend to kill him, the hire the driver in order to get his vehicle, it was held
prosecution failed to prove how the malefactors that there was craft directed to the theft of the vehicle,
intended to consummate the crime. Except for the fact separate from the means subsequently used to
that the appellant and his three companions waited in treacherously kill the defenseless driver.
an alley for Dario to return to his house, the
prosecution failed to prove any overt acts on the part People v. Masilang:There was also craft where after
of the appellant and his cohorts showing that that they hitching a ride, the accused requested the driver to
had clung to any plan to kill the victim. take them to a place to visit somebody, when in fact
they had already planned to kill the driver.
Par. 14. That craft (astucia), fraud (fraude) or
disguise (disfraz) be employed
People v. Labuguen (2000):Craft involves
(a) Involves intellectual trickery and cunning on intellectual trickery and cunning on the part of the
the part of the accused. offender. When there is a direct inducement by
(b) It is employed as a scheme in the execution insidious words or machinations, fraud is present.
of the crime. By saying that he would accompany the victim to
see the cows which the latter intended to buy,
FRAUD appellant was able to lure the victim to go with him.
(a) Insidious words or machinations used
(1) to induce the victim

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Par. 15. That advantage be taken of superior strength, or


People v. Lobrigas (2002):The crime committed was
means be employed to weaken the defense murder qualified by the aggravating circumstance of
abuse of superior strength. To appreciate abuse of
To TAKE ADVANTAGE of superior strength means superior strength, there must be a deliberate intent on
(a) to use purposely excessive force the part of the malefactors to take advantage of their
(b) out of proportion to the means of defense greater number. They must have notoriously selected
available to the person attacked. and made use of superior strength in the commission
of the crime. To take advantage of superior strength is
Superiority may arise from to use excessive force that is out of proportion to the
(a) aggressor’s sex, build, weapon or number means for self-defense available to the person
(b) as compared to that of the victim (e.g. accused attacked; thus, the prosecution must clearly show the
attacked an unarmed girl with a knife; 3 men offenders' deliberate intent to do so.
stabbed to death the female victim).

No advantage of superior strength when People v. Barcelon (2002): Abuse of superior strength
(a) one who attacks is overcome with passion was present in the commission of the crime. The court
and obfuscation or cited the case of People vs. Ocumen, where an attack
(b) when quarrel arose unexpectedly and the by a man with a deadly weapon upon an unarmed
fatal blow was struck while victim and woman constitutes the circumstance of abuse of that
accused were struggling. superiority which his sex and the weapon used in the
act afforded him, and from which the woman was
Versus by a band: unable to defend herself.
In the circumstance of abuse of superior The disparity in age between the assailant and
strength, what is taken into account is the victim, aged 29 and 69, respectively,
(a) not the number of aggressors nor the fact indicates physical superiority on appellant's part
that they are armed over the deceased. It did not matter that
(b) but their relative physical might vis-à-vis the appellant was "dark" with a "slim body build" or
offended party "medyo mataba." What mattered was that the
malefactor was male and armed with a lethal
Means Employed to Weaken Defense This weapon that he used to slay the victim.
circumstance is applicable only
(a) to crimes against persons and People v. Sansaet (2002):Mere superiority in
(b) sometimes against person and property, such number, even assuming it to be a fact, would not
as robbery with physical injuries or homicide. necessarily indicate the attendance of abuse of
superior strength. The prosecution should still
Note: The means used must not totally eliminate prove that the assailants purposely used
possible defense of the victim, otherwise it will excessive force out of proportion to the means
fall under treachery of defense available to the persons attacked.
Basis: Means employed in the commission of Finally, to appreciate the qualifying circumstance of
the crime. abuse of superior strength, what should be
considered is whether the aggressors took
People v. Carpio:There must be evidence of advantage of their combined strength in order to
notorious inequality of forces between the offender consummate the offense. To take advantage of
and the offended party in their age, size and superior strength means to purposely use
strength, and that the offender took advantage of excessive force out of proportion to the means
such superior strength in the commission of the available to the person attacked to defend himself.
crime. The mere fact that there were two persons
who attacked the victim does not per se constitute Par. 16. That the act be committed with
abuse of superior strength. treachery (alevosia)

Treachery – when the offender commits any of the


crimes against the person, employing means,
methods, or forms in the execution thereof which
tend directly and specially to insure its execution,
without risk to himself arising from the defense
which the offended party might make.

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Requisites: Attacks show intention to eliminate risk:


(1) The employment of means of execution that (a) Victim asleep
gave the person attacked no opportunity to (b) Victim half-awake or just awakened
defend himself or retaliate; and (c) Victim grappling or being held.
(2) That the offender consciously adopted the (d) Attacked from behind
particular means, method or form of attack
employed by him. Additional rules:
(a) When the aggression is CONTINUOUS,
Employment of means, methods and form in the treachery must be present in the
commission of the crime: BEGINNING of the assault.
(a) Which tend directly and specially to (b) When the assault WAS NOT CONTINUOUS,
(b) ensure its execution in that there was an interruption, it is sufficient
(c) without risk to himself arising from the defense that treachery was present AT THE MOMENT
which the offended party might make. THE FATAL BLOW WAS GIVEN.

The essence of treachery is that by virtue of the Basis: Means and ways employed in the
means, method or form employed by the commission of the crime.
offender, the offended party was not able to put
up any defense. People vs. Ilagan:Suddenness of the attack
(a) If the offended party was able to put up a does not by itself constitute treachery in the
defense, even only a token one, there is no absence of evidence that the manner of attack
treachery. was consciously adopted by the offender to
(b) Instead, some other aggravating circumstance render the victim defenceless.
may be present but it is no longer treachery.

Rules Regarding Treachery People v. Malejana: Treachery may still be


(1) Applicable only to crimes against persons. appreciated even when the victim was forewarned
of danger to his person. What is decisive is that the
(2) Means, methods or forms need not insure execution of the attack made it impossible for the
accomplishment or consummation of the crime. victim to defend himself or to retaliate. Thus, even
a frontal attack could be treacherous when
The treacherous character of the means unexpected and on an unarmed victim who would
employed in the aggression does not be in no position to repel the attack or avoid it.
depend upon the result thereof but upon the
means itself. Thus, frustrated murder could Treachery cannot co-exist with passion and
be aggravated by treachery. obfuscation.

(3) The mode of attack must be consciously People v. Rendaje (2000):To constitute treachery, two
adopted. conditions must concur: (1) the employment of
means, methods or manner of execution that would
The accused must make some preparation to kill ensure the offender's safety from any defense or
the deceased in such manner as to insure the retaliatory act on the part of the offended party; and
execution of the crime or to make it impossible or (2) the offender's deliberate or conscious choice
hard for the person attacked to defend himself or of the means, method or manner of execution.
retaliate. (People v. Tumaob)
It must be a result of meditation, calculation
or reflection. (U.S. v. Balagtas)

(4) Treachery cannot be presumed. The


suddenness of the attack does not, of itself,
suffice to support a finding of alevosia, even if
the purpose was to kill, so long as the decision
was made all of a sudden and the victim’s
helpless position was accidental. (People v.
Lubreo). It must be proved by clear and
convincing evidence. (People v. Santos).

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People v. Dumadag (2004): As a general rule, a People v. Alfanta (1999):There was ignominy
sudden attack by the assailant, whether frontally or because the accused not only used missionary
from behind, is treachery if such mode of attack was position but also “the same position as dogs do.”
deliberately adopted by him with the purpose of He also inserted his finger inside her. Although
depriving the victim of a chance to either fight or the “dog position” is not novel and often been
retreat. The rule does not apply if the attack was not used by couples, there is ignominy if the sexual
preconceived but merely triggered by infuriation of the act is performed not by consenting parties.
appellant on an act made by the victim. In the present
case, it is apparent that the attack was not
People v. Cachola (2004):For ignominy to be
preconceived. It was triggered by the appellant's
appreciated, it is required that the offense be
anger because of the victim's refusal to have a drink
committed in a manner that tends to make its effect
with the appellant and his companions.
more humiliating, thus adding to the victim's moral
suffering. Where the victim was already dead when
Treachery absorbs: his body or a part thereof was dismembered,
(1) Abuse of superior strength (U.S. v. Estopia) ignominy cannot be taken against the accused. In
(2) Use of means to weaken the defense this case, the information states that Victorino's
(People v. Siatong) sexual organ was severed after he was shot and
(3) Aid of armed men (People v. Ferrera) there is no allegation that it was done to add
(4) Nighttime (People v. Kintuan) ignominy to the natural effects of the act. We
(5) Craft (People v. Malig) cannot, therefore, consider ignominy as an
(6) By a band (People v. Ampo-an) aggravating circumstance.
Par. 17. That means be employed or
circumstances brought about which add People v. Bumidang (2000): The aggravating
ignominy to the natural effects of the act circumstance of ignominy shall be taken into account
if means are employed or circumstances brought
(a) It is a circumstance pertaining to the moral about which add ignominy to the natural effects of the
order, which adds disgrace to the material offense; or if the crime was committed in a manner
injury caused by the crime. that tends to make its effects more humiliating to the
(b) The means employed or the circumstances victim, that is, add to her moral suffering. It was
brought about must tend to make the effects established that Baliwang used the flashlight and
of the crime MORE HUMILIATING or TO examined the genital of Gloria before he ravished her.
PUT THE OFFENDED PARTY TO SHAME. He committed his bestial deed in the presence of
(c) Applicable to crimes against chastity, rape, Gloria's old father. These facts clearly show that
less serious physical injuries, light or grave Baliwang deliberately wanted to further humiliate
coercion and murder. Gloria, thereby aggravating and compounding her
(d) Raping a woman from behind is ignominous moral sufferings. Ignominy was appreciated in a case
because that is not the normal form of where a woman was raped in the presence of her
intercourse, it is something which offends betrothed, or of her husband, or was made to exhibit
the morals of the offended woman. This is to the rapists her complete nakedness before they
how animals do it. raped her.

Basis: Means employed. Par. 18.That the crime be committed after an


unlawful entry.
People v. Torrefiel (1947):The novelty of the
Unlawful Entry – when an entrance of a crime a
manner in which the accused raped the victim
wall, roof, floor, door, or window be broken.
by winding cogon grass around his genitals
(a) There is unlawful entry when an entrance is
augmented the wrong done by increasing its effected by a way not intended for the purpose.
pain and adding ignominy thereto.
(b) Unlawful entry must be a means to effect
entrance and not for escape.
(c) There is no unlawful entry when the door is
broken and thereafter the accused made an
entry thru the broken door. The breaking of
the door is covered by paragraph 19.
(d) Unlawful entry is inherent in the crime of
trespass to dwelling and robbery with force

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upon things but aggravating in the crime of (a) MOTORIZED vehicles or


robbery with violence against or intimidation (b) other efficient means of transportation
of persons. similar to automobile or airplane.

Basis: Means and ways employed to commit Basis: Means and ways employed to commit
the crime. the crime.

Par. 19. That as a means to the commission of the Par. 21. That the wrong done in the commission of
crime, a wall, roof, floor, door or window be broken the crime be deliberately augmented by causing
other wrong not necessary for its commission
(a) To be considered as an AC, breaking the
door must be utilized as a means to the Requisites:
commission of the crime. (1) That the injury caused be deliberately
(b) It is only aggravating in cases where the increased by causing other wrong;
offender resorted to any of said means TO (2) That the other wrong be unnecessary for the
ENTER the house. execution of the purpose of the offender.
(c) If the wall, etc. is broken in order to get out
of the place, it is not aggravating. For it to exist, it must be shown that the accused
(d) Because of the phrase “as a means to the enjoyed and delighted in making his victim suffer.
commission of a crime”, it is not necessary that
the offender should have entered the building. If the victim was already dead when the acts
What aggravates the liability of the offender is of mutilation were being performed, this
the breaking of a part of the building as a would also qualify the killing to murder due to
means to the commission of the crime. outraging of his corpse.

Basis: Means and ways employed to commit Basis: Ways employed to commit the crime.
the crime.
Ignominy Cruelty
Par. 20. That the crime be committed with the
aid of persons under fifteen years of age or shocks the moral physical
by means of motor vehicles, motorized conscience of man
watercraft, airships, or other similar means
refers to the moral effect
(a) With the aid of persons under 15 years of age
of a crime and it pertains refers to the physical
(5) To repress, so far as possible, the frequent
to the moral order, suffering of the victim so
practice resorted to by professional
whether or not the victim he has to be alive
criminals of availing themselves of minors is dead or alive
taking advantage of their lack of criminal
responsibility (remember that minors are People v. Catian (2002): Catian repeatedly struck
given leniency when they commit a crime) Willy with a "chako" on the head, causing Willy to
fall on his knees. Calunod seconded by striking the
(b) By means of a motor vehicle victim with a piece of wood on the face. When Willy
To counteract the great facilities found by finally collapsed, Sumalpong picked him up, carried
modern criminals in said means to commit him over his shoulder, and carried Willy to a place
crime and flee and abscond once the same where they burned Willy. The latter’s skeletal
is committed. remains were discovered by a child who was
pasturing his cow near a peanut plantation.
This circumstance is aggravating only when
used in the commission of the offense. Held: The circumstance of cruelty may not be
considered as there is no showing that the victim
If motor vehicles are used only in the escape was burned while he was still alive. For cruelty to
of the offender, it is not aggravating. It must exist there must be proof showing that the accused
have been used to facilitate the commission delighted in making their victim suffer slowly and
of the crime to be aggravating. gradually, causing him unnecessary physical and
moral pain in the consummation of the criminal act.
“Or other similar means”– the expression No proof was presented that would show that
should be understood as referring to accused-appellants deliberately and wantonly

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augmented the suffering of their victim. (3) Tampering of firearm's serial number.
(4) Repacking or altering the composition of
lawfully manufactured explosives.
People v. Guerrero (2002): Appellant first severed the
victim's head before his penis was cut-off. This being
the sequence of events, cruelty has to be ruled out for People vs. De Gracia (1994): Ownership is not
it connotes an act of deliberately and sadistically an essential element of illegal possession of
augmenting the wrong by causing another wrong not
firearms and ammunition.
necessary for its commission, or inhumanely
increasing the victim's suffering. As testified to by Dr.
What the law requires is merely possession
Sanglay, and reflected in her medical certificate,
which includes not only actual physical
possession but also constructive possession.
Ernesto in fact died as a result of his head being
severed. No cruelty is to be appreciated where the act
constituting the alleged cruelty in the killing was Palaganas vs. Court of Appeals (2006): With the
perpetrated when the victim was already dead. passage of Republic Act. No. 8294 on 6 June
1997, the use of an unlicensed firearm in murder
QUALIFYING homicide is now considered as a SPECIAL
aggravating circumstance and not a generic
DECREE CODIFYING THE LAWS ON ILLEGAL/ UNLAWFUL aggravating circumstance.
POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION
OR DISPOSITION, OF FIREARMS, AMMUNITION OR
People vs. Ladjaalam (2000):If an unlicensed
EXPLOSIVES (P.D. 1866, AS AMENDED BY R.A. NO. 8294)
firearm is used in the commission of any crime,
AS AN AGGRAVATING CIRCUMSTANCE
there can be no separate offense of simple
illegal possession of firearms.
Acts punished
(1) Unlawful manufacture, sale, acquisition, Hence, if the “other crime” is murder or homicide,
disposition or possession of firearms or illegal possession of firearms becomes merely an
ammunition or instruments used or intended aggravating circumstance, not a separate offense.
to be used in the manufacture of firearms or
ammunition… Since direct assault with multiple attempted
homicide was committed in this case, appellant
Provided, That no other crime is committed. can no longer be held liable for illegal
(a) If homicide or murder is committed with the
possession of firearms.
use of an unlicensed firearm, such use of an
unlicensed firearm shall be considered as an THE COMPREHENSIVE DANGEROUS DRUGS ACT OF
aggravating circumstance.
2002 (R.A. NO. 9165)
(b) If the violation of this section is in
furtherance of or incident to, or in As a qualifying aggravating circumstance
connection with the crime of rebellion or
insurrection, sedition, or attempted coup
d'etat, such violation shall be absorbed Section 25. Qualifying Aggravating Circumstances in
as an element of the crime of rebellion, the Commission of a Crime by an Offender Under the
or insurrection, sedition, or attempted Influence of Dangerous Drugs. – Notwithstanding the
coup d'etat. provisions of any law to the contrary, a positive finding
for the use of dangerous drugs shall be a qualifying
(2) Unlawful manufacture, sale, acquisition, aggravating circumstance in the commission of a
disposition or possession of explosives. crime by an offender, and the application of the
(a) When a person commits any of the penalty provided for in the Revised Penal Code shall
crimes defined in the Revised Penal be applicable.
Code or special laws
(b) with the use of the aforementioned Immunity from prosecution and punishment,
explosives, detonation agents or coverage
incendiary devices, which results in the
death of any person or persons, Sec. 33. Immunity from Prosecution and Punishment.
(c) the use of such explosives, detonation – Notwithstanding the provisions of Section 17, Rule
agents or incendiary devices shall be 119 of the Revised Rules of Criminal Procedure and
considered as an aggravating circumstance. the provisions of Republic Act No. 6981 or the

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Witness Protection, Security and Benefit Act of 1991, witness shall be subject to prosecution and the
any person who has violated Sections 7, 11, 12, 14, enjoyment of all rights and benefits previously
15, and 19, Article II of this Act, who voluntarily gives accorded him under this Act or any other law,
information about any violation of Sections 4, 5, 6, 8, decree or order shall be deemed terminated.
10, 13, and 16, Article II of this Act as well as any
violation of the offenses mentioned if committed by a In case an informant or witness under this Act fails or
drug syndicate, or any information leading to the refuses to testify without just cause, and when lawfully
whereabouts, identities and arrest of all or any of the obliged to do so, or should he/she violate any
members thereof; and who willingly testifies against condition accompanying such immunity as provided
such persons as described above, shall be exempted above, his/her immunity shall be removed and he/she
from prosecution or punishment for the offense with shall likewise be subject to contempt and/or criminal
reference to which his/her information of testimony prosecution, as the case may be, and the enjoyment
were given, and may plead or prove the giving of such of all rights and benefits previously accorded him
information and testimony in bar of such prosecution: under this Act or in any other law, decree or order
Provided, That the following conditions concur: shall be deemed terminated.

In case the informant or witness referred to


(1) The information and testimony are necessary for under this Act falls under the applicability of this
the conviction of the persons described above; Section hereof, such individual cannot avail of
the provisions under Article VIII of this Act.
(2) Such information and testimony are not yet in
the possession of the State; Minor offenders

(3) Such information and testimony can be Sec. 66. Suspension of Sentence of a First-Time
corroborated on its material points; Minor Offender. – An accused who is over fifteen
(15) years of age at the time of the commission of
(4) the informant or witness has not been previously
the offense mentioned in Section 11 of this Act, but
convicted of a crime involving moral turpitude,
not more than eighteen (18) years of age at the
except when there is no other direct evidence
time when judgment should have been
available for the State other than the information
promulgated after having been found guilty of said
and testimony of said informant or witness; and
offense, may be given the benefits of a suspended
sentence, subject to the following conditions:
(5) The informant or witness shall strictly and
faithfully comply without delay, any condition (a) He/she has not been previously convicted of
or undertaking, reduced into writing, lawfully violating any provision of this Act, or of the Dangerous
imposed by the State as further consideration Drugs Act of 1972, as amended; or of the Revised
for the grant of immunity from prosecution Penal Code; or of any special penal laws;
and punishment.
(b) He/she has not been previously committed to
a Center or to the care of a DOH-accredited
Provided, further, That this immunity may be enjoyed
physician; and
by such informant or witness who does not appear to
(c) The Board favorably recommends that
be most guilty for the offense with reference to which
his/her sentence be suspended.
his/her information or testimony were given: Provided,
finally, That there is no direct evidence available for
While under suspended sentence, he/she shall
the State except for the information and testimony of
be under the supervision and rehabilitative
the said informant or witness.
surveillance of the Board, under such conditions
that the court may impose for a period ranging
Sec. 34. Termination of the Grant of Immunity. – The from six (6) months to eighteen (18) months.
immunity granted to the informant or witness, as
prescribed in Section 33 of this Act, shall not attach Upon recommendation of the Board, the court
should it turn out subsequently that the information may commit the accused under suspended
and/or testimony is false, malicious or made only for sentence to a Center, or to the care of a DOH-
the purpose of harassing, molesting or in any way accredited physician for at least six (6) months,
prejudicing the persons described in the preceding with after-care and follow-up program for not
Section against whom such information or testimony more than eighteen (18) months.
is directed against. In such case, the informant or

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In the case of minors under fifteen (15) years of the sentence provided under this Act is higher
age at the time of the commission of any offense than that provided under existing law on
penalized under this Act, Article 192 of Presidential probation, or impose community service in lieu
Decree No. 603, otherwise known as the Child and of imprisonment. In case of probation, the
Youth Welfare Code, as amended by Presidential supervision and rehabilitative surveillance shall
Decree No. 1179 shall apply, without prejudice to be undertaken by the Board through the DOH in
the application of the provisions of this Section. coordination with the Board of Pardons and
Parole and the Probation Administration. Upon
Sec. 67. Discharge After Compliance with Conditions of compliance with the conditions of the probation,
Suspended Sentence of a First-Time Minor Offender. the Board shall submit a written report to the
– If the accused first time minor offender under
court recommending termination of probation
and a final discharge of the probationer,
suspended sentence complies with the applicable
rules and regulations of the Board, including
whereupon the court shall issue such an order.
confinement in a Center, the court, upon a
The community service shall be complied with
favorable recommendation of the Board for the
under conditions, time and place as may be
final discharge of the accused, shall discharge the
determined by the court in its discretion and upon
accused and dismiss all proceedings.
the recommendation of the Board and shall apply
Upon the dismissal of the proceedings against the
only to violators of Section 15 of this Act. The
accused, the court shall enter an order to expunge all
completion of the community service shall be under
the supervision and rehabilitative surveillance of
official records, other than the confidential record to
the Board during the period required by the court.
be retained by the DOJ relating to the case. Such an
Thereafter, the Board shall render a report on the
order, which shall be kept confidential, shall restore
manner of compliance of said community service.
the accused to his/her status prior to the case. He/she
The court in its discretion may require extension of
shall not be held thereafter to be guilty of perjury or of
the community service or order a final discharge.
concealment or misrepresentation by reason of
his/her failure to acknowledge the case or recite any
In both cases, the judicial records shall be covered
fact related thereto in response to any inquiry made of
by the provisions of Sections 60 and 64 of this Act.
him for any purpose.
If the sentence promulgated by the court requires
Sec. 68. Privilege of Suspended Sentence to be imprisonment, the period spent in the Center by the
Availed of Only Once by a First-Time Minor accused during the suspended sentence period
Offender. – The privilege of suspended sentence shall be deducted from the sentence to be served.
shall be availed of only once by an accused drug
dependent who is a first-time offender over fifteen
Sec. 71. Records to be kept by the Department of
(15) years of age at the time of the commission of
Justice. – The DOJ shall keep a confidential record
the violation of Section 15 of this Act but not more
of the proceedings on suspension of sentence and
than eighteen (18) years of age at the time when
shall not be used for any purpose other than to
judgment should have been promulgated.
determine whether or not a person accused under
this Act is a first-time minor offender.
Sec. 69. Promulgation of Sentence for First-Time
Minor Offender. – If the accused first-time minor Application/Non application of RPC provisions (Sec. 98, R.A.
offender violates any of the conditions of his/her No. 9165) provisions (Sec. 98) cf. Art. 10, RPC
suspended sentence, the applicable rules and
regulations of the Board exercising supervision and
Sec. 98, RA 9165. Limited Applicability of the
rehabilitative surveillance over him, including the
Revised Penal Code. – Notwithstanding any law,
rules and regulations of the Center should
rule or regulation to the contrary, the provisions of
confinement be required, the court shall pronounce
the Revised Penal Code (Act No. 3814), as
judgment of conviction and he/she shall serve
amended, shall not apply to the provisions of this
sentence as any other convicted person.
Act, except in the case of minor offenders. Where
the offender is a minor, the penalty for acts
Sec. 70. Probation or Community Service for a First- punishable by life imprisonment to death provided
Time Minor Offender in Lieu of Imprisonment. – Upon herein shall be reclusion perpetua to death.
promulgation of the sentence, the court may, in its
discretion, place the accused under probation, even if

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Art. 10, RPC. Offenses not subject to the (iii) Spouses, ascendants and descendants,
provisions of this Code. — Offenses which are or in or relatives by affinity in the same line
the future may be punishable under special laws who committed the crime of theft,
are not subject to the provisions of this Code. This malicious mischief or swindling (estafa)
Code shall be supplementary to such laws, unless but there’s civil liability. [Art. 332, RPC]
the latter should specially provide the contrary..
(b) Where relationship is aggravating
Other Aggravating Circumstance (i) In CRIMES AGAINST PERSONS in
Organized or Syndicated Crime Group (Art. 62, RPC) cases where
(a) the offended party is a relative of a
Organized or syndicated crime group: higher degree than the offender
(a) A group of two or more persons (grandson kills grandfather), or
(b) when the offender and the offended
(b) collaborating, confederating or mutually
party are relatives of the same level,
helping one another
as killing a brother, a brother-in-law,
(c) for the purpose of gain in the commission of
a crime. a half-brother or adopted brother.
(ii) When the crime is SERIOUS PHYSICAL
INJURIES (Art. 263), even if the offended
Special aggravating circumstance
party is a descendant of the offender,
The maximum penalty shall be imposed
relationship is AGGRAVATING.
(a) if the offense was committed by any person
(b) who belongs to an organized or syndicated
crime group. But the serious physical injuries must
not be inflicted by a parent upon his
ALTERNATIVE CIRCUMSTANCES child by excessive chastisement.

THREE TYPES of alternative circumstances under (iii) When the crime is LESS SERIOUS
Art. 15: PHYSICAL INJURIES OR SLIGHT PHYSICAL
(1) Relationship INJURIES if the offended party is a relative of a
(2) Intoxication higher degree than the offender
(3) Degree of education/instruction (iv) When the crime is HOMICIDE OR
MURDER if the victim of the crime is a
Alternative Circumstances – are relative of lower degree.
circumstances which must be taken in (v) In CRIMES AGAINST CHASTITY
consideration as aggravating or mitigating relationship is always aggravating
according to the nature and effects of the crime
(c) Where relationship is mitigating
(1) Relationship (BRADSS) (i) In Crimes against property, by analogy
(a) Spouse to the provisions of Art. 332, relationship
(b) Ascendant is mitigating in the crimes of robbery
(c) Descendant (arts. 294-3-2), usurpation (Art. 312),
(d) Legitimate, natural, or adopted Brother fraudulent insolvency (Art. 314) and
or Sister arson (Arts. 321-322, 325-326)
(e) Relative by Affinity in the same degree (ii) When the crime is less serious or slight
of the offender physical injuries if the offended party is a
relative of a lower degree than the offender.
(a) Where relationship is exempting
(i) An accessory who is related to the
People v. Atop (1998):11-year-old Regina lives with
principal within the relationship
her grandmother. Atop is the common-law husband of
prescribed in Art. 20 except if accessory
her grandmother. Atop was found guilty of 4 counts of
falls within Par. 1 of Art. 19;
rape which was committed in 1993 (2x), 1994 and
(ii) A legally married person who having
1995. The lower court took into account the
surprised his spouse in the act of committing
Aggravating Circumstance of relationship.
sexual intercourse with another person who
shall inflict upon them physical injuries of any
Held: The law cannot be stretched to include
other kind (i.e. less serious and slight
persons attached by common-law relations. In
physical injuries). [Art. 247, RPC]
this case, there is no blood relationship or legal
bond that links Atop to his victim.

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People v. Marcos (2001): In order that the alternative (3) Degree of Instruction/ Education
circumstance of relationship may be taken into (a) Refers to the lack of sufficient
consideration in the imposition of the proper penalty, intelligence of and knowledge of the full
the offended party must either be the (a) spouse, (b) significance of one’s act
ascendant, (c) descendant, (d) legitimate, natural or (b) Being illiterate does not mitigate
adopted brother or sister, or (e) relative by affinity in liability if crime committed is one which
the same degree, of the offender.. The rule is that one inherently understands as wrong
relationship is aggravating in crimes against persons (e.g. parricide)
as when the offender and the offended party are (c) To be considered mitigating, degree of
relatives of the same level, such as killing a brother. instruction must have some
reasonable connection to the offense.
(2) Intoxication
ABSOLUTORY CAUSE
It is only the circumstance of intoxication which There are FOUR TYPES of absolutory circumstances:
(a) if not mitigating, (1) INSTIGATION
(b) is automatically aggravating. (2) PARDON
(3) OTHER ABSOLUTORY CAUSES
(a) When mitigating (4) ACTS NOT COVERED BY LAW AND IN CASE
(1) There must be an indication that OF EXCESSIVE PUNISHMENT (ART. 5)
(a) because of the alcoholic intake of
the offender, Absolutory Causes – those where the act
(b) he is suffering from diminished self- committed is a crime but for reasons of public
control. policy and sentiment there is no penalty imposed.
(c) It is not the quantity of alcoholic drink.
(d) Rather it is the effect of the alcohol (1) Instigation
upon the offender which shall be the
basis of the mitigating circumstance.
(2) That offender is Entrapment Instigation
(a) not a habitual drinker and Ways and means are The instigator practically
(b) did not take alcoholic drink with the resorted to for the induces the would-be
intention to reinforce his resolve to purpose of trapping and accused into the
commit crime capturing the lawbreaker commission of the offense
in the execution of his and himself becomes a
(b) When Aggravating: criminal plan co-principal.
(1) If intoxication is habitual
(2) If it is intentional to embolden offender The law enforcer
to commit crime conceives the commission
The means originate from of the crime and suggests
the mind of the criminal. to the accused who
People v. Camano (1982):Intoxication is mitigating carries it into execution.
if accidental, not habitual nor intentional, i.e., not
subsequent to the plan to commit the crime. It is A public officer or a
aggravating if habitual or intentional. To be A person has planned or private detective induces
mitigating, it must be indubitably proved. A habitual is about to commit a an innocent person to
drunkard is one given to intoxication by excessive crime and ways and commit a crime and
use of intoxicating drinks. The habit should be means are resorted to by would arrest him upon or
actual and confirmed. It is unnecessary that it be a a public officer to trap and after the commission of
matter of daily occurrence. Intoxication lessens the catch the criminal. the crime by the latter.
individual resistance to evil thought and Not a bar to the The accused must be
undermines will-power making its victim a potential prosecution and acquitted because the
evil doer. In this case, the intoxication of the conviction of the offender simply acts as a
appellant not being habitual and considering that lawbreaker. tool of the law enforcers
the said appellant was in a state of intoxication at
the time of the commission of the felony, the
alternative circumstance of intoxication should be
considered mitigating.

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Entrapment - Entrapping persons into crime for purpose of trapping and capturing lawbreakers in
the purpose of instituting criminal prosecutions. It is the execution of their criminal plan. In instigation,
a scheme or technique ensuring the apprehension instigators practically induce the would-be
of the criminals by being in the actual crime scene. defendant into the commission of the offense and
become co-principals themselves. Entrapment is
The law officers shall not be guilty to the crime if sanctioned by law as a legitimate method of
they have done the following: apprehending criminal elements engaged in the
(a) He does not induce a person to commit a sale and distribution of illegal drugs.
crime for personal gain or is not involved in
the planning of the crime.
(b) Does take the necessary steps to seize the US v. Phelps (1910): Phelps was charged and
instrument of the crime and to arrest the found guilty for violating the Opium Law (Act No.
offenders before he obtained the profits in mind. 1761). Phelps was induced by Smith, an employee
of the Bureau of Internal Revenue, into procuring
Instigation - The involvement of a law officer in opium, providing for a venue and making
the crime itself in the following manner: arrangements for the two of them to smoke opium.
(a) He induces a person to commit a crime for
personal gain. Held: Smith not only suggested the commission
(b) Doesn’t take the necessary steps to seize the of the crime but also expressed his desire to
instrument of the crime & to arrest the offenders commit the offense in paying the amount
before he obtained the profits in mind. required for the arrangements. Such acts done
(c) He obtained the profits in mind even through by employees of government in encouraging or
afterwards does take the necessary steps inducing persons to commit a crime in order to
seize the instrument of the crime and to prosecute them are most reprehensible.
arrest the offenders.
This is an instance of instigation where Smith,
Example of entrapment: the instigator (who is either a public officer or a
A, a government anti-narcotics agent, acted as a private detective) practically induces the would-
poseur buyer of shabu and negotiated with B, a be accused into the commission of the offense.
suspected drug pusher who is unaware that A is
a police officer. A then paid B in marked money People v. Lua Chu and Uy Se Tieng (1931):
and the latter handed over a sachet of shabu. Entrapment is not a case where an innocent person is
Upon signal, the cops closed in on B induced to commit a crime merely to prosecute him,
but it simply a trap set to catch a criminal.
Example of instigation:
A, leader of an anti-narcotics team, approached (2) Pardon
and persuaded B to act as a buyer of shabu and
transact with C, a suspected pusher. B was General rule: Pardon does not extinguish
given marked money to pay C for a sachet of criminal action (Art 23).
shabu. After the sale was consummated, the
cops closed in and arrested both B and C. Exception: Pardon by marriage between the accused
and the offended party in cases of SEDUCTION,
People v. Pacis (2002): Yap, an NBI agent, ABDUCTION, RAPE AND ACTS OF
received information that a Pacis was offering to LASCIVIOUSNESS (Art 344).
sell ½ kg of "shabu." A buy-bust operation was
approved. The informant introduced Yap to Pacis (3) Other Absolutory Causes
as an interested buyer. They negotiated the sale of (a) Spontaneous desistance [Art. 6]
½ kg of shabu. Pacis handed to Yap a paper bag (b) Light felonies not consummated [Art. 7]
with the markings "Yellow Cab". While examining (c) Accessories in light felonies
it, Pacis asked for the payment. Yap gave the (d) Accessories exempt under Art. 20
"boodle money" to Pacis. Upon Pacis's receipt of (e) Trespass to dwelling to prevent serious
the payment, the officers identified themselves as harm to self [Art. 280]
NBI agents and arrested him. (f) exemption from criminal liability in
crimes against property
Held: The operation that led to the arrest of appellant (g) Under Article 332, exemptions from criminal
was an entrapment, not instigation. In entrapment, liability for cases of theft, swindling
ways and means are resorted to for the

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and malicious mischief. There would


only be civil liability. People v. Veneracion (1995): The law plainly and
(h) Death under exceptional circumstances unequivocally provides that “when by reason or on
(Art. 247) the occasion of rape, a homicide is committed, the
(i) Under Article 219, discovering secrets penalty shall be death. Courts are not concerned
through seizure of correspondence of the with wisdom, efficacy or morality of law. The
ward by their guardian is not penalized. discomfort faced by those forced by law to impose
(j) Ways on how criminal liability is death penalty is an ancient one, but it is a matter
extinguished under Art 89. upon which judges have no choice. The Rules of
Court mandates that after an adjudication of guilt,
(4) Acts not covered by Law and in Case of the judges should impose the proper penalty and
Excessive Punishment civil liability provided for by the law on the accused.

Art. 5 RPC. Duty of the court in connection with acts EXTENUATING CIRCUMSTANCES
which should be repressed but which are not covered Circumstances which mitigate the criminal
by the law, and in cases of excessive penalties. liability of the offender but not found in Article 13
1) Whenever a court has knowledge of any
act which it may deem proper to repress and which Illustration:
is not punishable by law, it shall render the proper A kleptomaniac is criminally liable. But he would
decision, and shall report to the Chief Executive, be given the benefit of a mitigating circumstance
through the Department of Justice, the reasons analogous to paragraph 9 of Article 13, that of
which induce the court to believe that said act suffering from an illness which diminishes the
should be made the subject of legislation. exercise of his will poser without, however,
2) In the same way, the court shall submit depriving him of the consciousness of his act.
to the Chief Executive, through the Department
of Justice, such statement as may be deemed An unwed mother killed her child in order to
proper, without suspending the execution of the conceal a dishonor. The concealment of dishonor
sentence, when a strict enforcement of the is an extenuating circumstance insofar as the
provisions of this Code would result in the unwed mother or the maternal grandparents are
imposition of a clearly excessive penalty, taking concerned, but not insofar as the father of the child
into consideration the degree of malice and the is concerned. Mother killing her new born child to
injury caused by the offense. conceal her dishonor, penalty is lowered by two
degrees. Since there is a material lowering of the
Art. 5 cover two situations: penalty or mitigating the penalty, this is an
(1) Where the court cannot convict the accused extenuating circumstance.
because the act he committed is not
punishable under the law, but the court
deems it proper to repress such act.
(a) The proper judgment is acquittal.
(b) The judge must report to the Chief Executive
Persons Criminally
that said act be made subject of penal
legislation and the reasons therefore.
Liable/Degree of
(2) Where the court after trial finds the accused
Participation
guilty, and the penalty prescribed for the crime
Under the Revised Penal Code, when more than
appears too harsh considering the conditions
one person participated in the commission of the
surrounding the commission of the crime,
crime, the law looks into their participation
(a) The judge should impose the law (not because in punishing offenders, the Revised
suspend the execution of the sentence). Penal Code classifies them as:
(b) The most that he could do is (a) PRINCIPAL
recommend to the Chief Executive to (b) ACCOMPLICE
grant executive clemency. (c) ACCESSORY

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(1) This classification is true only under the RPC and (2) That such inducement be the determining
is not applied under special laws, because the cause of the commission of the crime by the
penalties under the latter are never graduated. material executor.
(2) (1) Do not use the term “principal” when the
crime committed is a violation of special law Two ways of becoming principal by induction:
(use the term “offender/s, culprit/s, accused) (1) By directly forcing another to commit a crime by:
(a) Using irresistible force - such physical
As to the liability of the participants in the grave, force as would produce an effect upon the
less grave or light felony: individual that despite of all his resistance,
(1) When the felony is grave, or less grave, all it reduces him to a mere instrument.
participants are criminally liable.
(2) But when the felony is only light, only the (b) Causing uncontrollable fear – such fear
principal and the accomplice are liable. The that must be grave, actual, serious and
accessory is not. of such kind that majority of men would
succumb to such moral compulsion. The
Basis: In the commission of light felonies, the social latter must be such as to leave a
wrong as well as the individual prejudice is so small reasonable fear for one’s life or limb and
that penal sanction is deemed not necessary. not speculative, fanciful or remote fear.

PRINCIPAL (2) By directly inducing another to commit a


(1) By Direct Participation crime by:
(2) By Inducement (a) Giving of price, or offering of reward or
(3) By Indispensable Cooperation promise.

(1) By Direct Participation The one giving the price or offering the
reward or promise is a principal by
Elements: inducement while the one committing
the crime in consideration thereof is a
(1) That they participated in the criminal
principal by direct participation.
resolution; and
(2) That they carried out their plan and
(b) Using words of command.
personally took part in its execution by acts
The person who used the words of
which directly tended to the same end.
command is a principal by inducement
while the person who committed the
Those who are liable (participated in the
crime because of the words command is
criminal resolution):
a principal by direct participation.
(a) materially execute the crime;
(1) That the one uttering the words of
(b) appear at the scene of the crime;
command must have the intention of
(c) perform acts necessary in the commission of
procuring the commission of the crime;
the offense.
(2) That the one who made the command
must have an ascendancy or
Why one who does not appear at the scene of
influence over the person who acted;
the crime is not liable:
(3) That the words used must be so direct,
(a) his non-appearance is deemed desistance
so efficacious, so powerful as to amount
which is favored and encouraged.
to physical or moral coercion;
(b) conspiracy is generally not a crime unless the
law specifically provides a penalty therefore.
(4) That the words of command must
(c) there is no basis for criminal liability because be uttered prior to the commission
of the crime; and
there is no criminal participation.
(5) The material executor of the crime
(2) By Inducement has no personal reason to commit
the crime.
Elements:
Inducement must be strong enough that the
(1) That the inducement be made directly with
person induced could not resist.
the intention of procuring the commission of
the crime; (a) This is tantamount to an irresistible force
compelling the person induced to carry out
the crime.

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(b) Ill-advised language is not enough unless he


who made such remark or advice is a co- The shouts of his wife “here comes another,
conspirator in the crime committed. shoot him” cannot make the wife a principal by
inducement.
When does a principal by induction become liable?
(a) The principal by induction becomes liable It is not the determining cause of the crime in the
only when the principal by direct absence of proof that the words had great
participation committed the act induced. influence over the husband.
(b) The inducement must precede the act
induced and must be so influential in Neither is the wife’s act of beaming the victim with a
producing the criminal act that without it, the flashlight indispensable to the killing. She assisted her
act would not have been performed. husband in taking good aim, but such assistance
merely facilitated the felonious act of shooting.
What are the effects of acquittal of principal by
direct participation upon the liability of principal Considering that it was not so dark and the
by inducement? husband could have accomplished the deed
without his wife’s help, and considering further that
Conspiracy is negated by the acquittal of co- doubts must be resolved in favor of the accused,
defendant. the liability of the wife is only that of an accomplice.
Illustration: (3) By Indispensable Cooperation
While in the course of a quarrel, a person shouted
to A, “Kill him! Kill him!” A killed the other person. Is
Elements:
the person who shouted criminally liable? Is that (3) Participation in the criminal resolution, that is,
inducement? No. The shouting must be an there is either anterior conspiracy or unity of
irresistible force for the one shouting to be liable. criminal purpose and intention immediately
before the commission of the crime charged;
People v. Valderrama (1993): Ernesto shouted (a) Requires participation in the criminal
to his younger brother Oscar, “Birahin mo na, resolution
birahin mo na!” Oscar stabbed the victim. (b) There must be conspiracy
(c) Concurrence is sufficient
It was held that there was no conspiracy.
(4) Cooperation in the commission of the
Joint or simultaneous action per se is not indicia of offense by performing another act, without
conspiracy without showing of common design. which it would have been accomplished.
Oscar has no rancor with the victim for him to kill (a) Cooperation must be indispensable
the latter. Considering that Ernesto had great moral (b) If dispensable, accused is only an
ascendancy and influence over Oscar, being much accomplice
older (35 years old) than the latter, who was 18 (c) If cooperation is necessary in the execution
years old, and it was Ernesto who provided his of the offense, accused is considered as a
allowance, clothing as well as food and shelter, principal by direct participation.

Ernesto is principal by inducement. Cooperation in the commission of the offense –


to desire or wish in common a thing. But that
People v. Agapinay (1990): The one who uttered common will or purpose does not necessarily mean
“kill him, we will bury him” while the felonious a previous understanding, for it can be explained or
aggression was taking place cannot be held inferred from the circumstances of each case.
liable as principal by inducement.
COLLECTIVE CRIMINAL RESPONSIBILITY
Utterance was said in the excitement of the This is present when the offenders are criminally
hour, not a command to be obeyed. liable in the same manner and to the same extent.
The penalty to be imposed must be the same for all.

People v. Madall (1990): The son was mauled. The Principals by direct participation have collective
family was not in good terms with their neighbors. criminal responsibility. Principals by induction,
The father challenged everybody and when the except those who directly forced another to commit
neighbors approached, he went home to get a rifle. a crime, and principals by direct participation have

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collective criminal responsibility. Principals by criminal intention know about it after the
indispensable cooperation have collective because they themselves principals have reached
criminal responsibilities with the principals by have decided upon such the decision and only then
direct participation. course of action do they agree to
cooperate in its execution
INDIVIDUAL CRIMINAL RESPONSIBILITY
In the absence of any previous conspiracy, unity Accomplices merely
Conspirators decide that a assent to the plan and
of criminal purpose and intention immediately crime should be cooperate in its
before the commission of the crime, or committed
community of criminal design, the criminal accomplishment
responsibility arising from different acts directed Accomplices are merely
against one and the same person is individual instruments who perform
and not collective, and each of the participants is Conspirators are the acts not essential to the
liable only for the act committed by him. authors of a crime perpetration of the
offense.
The basis is the importance of the cooperation Elements:
to the consummation of the crime. (1) That there be community of design; that is,
(1) If the crime could hardly be committed knowing the criminal design of the principal
without such cooperation, then such by direct participation, he concurs with the
cooperator would be a principal. latter in his purpose;
(2) If the cooperation merely facilitated or (2) That he cooperates in the execution of the
hastened the consummation of the crime, offense by previous or simultaneous acts,
the cooperator is merely an accomplice. with the intention of supplying material or
moral aid in the execution of the crime in an
The focus is not just on participation but on the efficacious way; and
importance of participation in committing the crime. (3) That there be a relation between the acts
done by the principal and those attributed to
In case of doubt, favor the lesser penalty or liability. the person charged as accomplice.
Apply the doctrine of pro reo.
Principal by Cooperation Accomplice
ACCOMPLICE
Accomplice – are persons who, not acting as Cooperation is Cooperation is not
principals, cooperate in the execution of the offense indispensableto the indispensable to the
by previous and simultaneous acts, which are not commission of the act commission of the act
indispensable to the commission of the crime.
ACCESSORIES
They act as mere instruments that perform acts When accessories are not criminally liable:
not essential to the perpetration of the offense. (1) When the felony committed is a light felony
(2) When the accessory is related to the principal as
When is one regarded as an accomplice? (a) spouse
(1) Determine if there is a conspiracy. (b) ascendant, or descendant, or
(2) If there is, as a general rule, the criminal (c) brother or sister whether legitimate, or
liability of all will be the same, because the natural or adopted or
act of one is the act of all. (d) where the accessory is a relative by
affinity within the same degree,
What are the other traits of an accomplice?
(1) does not have previous agreement or Unless the accessory himself profited from
understanding; or the effects or proceeds of the crime or
(2) is not in conspiracy with the principal by assisted the offender to profit therefrom.
direct participation.
When one cannot be an accessory:
Conspirator Accomplice (1) he does not know the commission of the crime
(2) he participated in the crime as a principal or
They know of and join in They know and agree with an accomplice
the criminal design the criminal design
Conspirators know the Accomplices come to When an accessory is exempt from criminal liability:
When the principal is his:

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(1) spouse, the crime of piracy in Philippine territorial


(2) ascendant waters and thus correspondingly
(3) descendant superseding PD 532 section 4 of said
(4) legitimate, natural or adopted brother, sister Decree, which punishes said acts as a
or relative by affinity within the same degree. crime of abetting piracy or brigandage,
still stands as it has not been replaced
Note: Even if only two of the principals guilty of or modified, and is not inconsistent with
murder are the brothers of the accessory and any provision of RA 7659.
the others are not related to him, such
accessory is exempt from criminal liability. (3) Destroying the Corpus Delicti
(a) When the crime is robbery or theft, with
When an accessory is NOT exempt from criminal respect to the third involvement of the
liability even if the principal is related to him: accessory, do not overlook the purpose
If such accessory which must be to prevent discovery of
(1) profited from the effects of the crime, or the crime.
(2) assisted the offender to profit by the (b) The corpus delicti is not the body of the
effects of the crime person who is killed.
(1) Even if the corpse is not recovered,
Other instances when one becomes an accessory: as long as that killing is established
(1) Accessory as a fence: beyond reasonable doubt, criminal
liability will arise.
Presidential Decree No. 1612 (Anti-Fencing Law) (2) If there is someone who destroys the
(a) One who knowingly profits or assists the corpus delicti to prevent discovery, he
principal to profit by the effects of robbery or becomes an accessory.
theft (i.e. a fence) is not just an accessory to
the crime, but principally liable for fencing (4) Harboring or Concealing an Offender
(b) The penalty is higher than that of a mere In the fourth form or manner of becoming an
accessory to the crime of robbery or theft. accessory, take note that the law distinguishes
(c) Mere possession of any article of value which between:
has been the subject of robbery or theft brings
about the presumption of “fencing”. A Public Officer harboring, concealing or assisting the
(d) PD 1612 has, therefore, modified Art. 19 of principal to escape
the RPC. Requisites:
(1) The accessory is a public officer;
(2) Acquiring the effects of piracy or brigandage: (2) He harbors, conceals, or assists in the
(a) Presidential Decree 532 (Anti-piracy escape of the principal;
and Highway Robbery law of 1974) (3) The public officer acts with abuse of his
(b) If the crime was piracy or brigandage under public functions;
PD 532, said act constitutes the crime of (4) The crime committed by the principal is any
abetting piracy or abetting brigandage as the crime, provided it is not a light felony.
case may be, although the penalty is that of
an accomplice, not just an accessory, to the A Private Citizen or civilian harboring,
piracy or the brigandage. concealing or assisting the principal to escape
(c) Section 4 of PD 532 provides that any Requisites:
person who knowingly and in any manner (1) The accessory is a private person;
acquires or receives property taken by such (2) He harbors, conceals or assists in the
pirates or brigands or in any manner derives escape of the author of the crime;
benefit therefrom, shall be considered as an (3) The crime committed by the principal is either
accomplice of the principal offenders in treason, parricide, murder, or an attempt to
accordance with the Rules prescribed by the take the life of the Chief Executive, or is known
Revised Penal Code. to be habitually guilty of some other crime.
(d) It shall be presumed that any person
who does any acts provided in this Public Officer Civilian
section has performed them knowingly,
unless the contrary is proven. The nature of the crime is The nature of the crime is
(e) Although Republic Act 7659, in amending immaterial material
Article 122 of the RPC, incorporated therein

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Public Officer Civilian accessory does not meet the required proof
beyond reasonable doubt, then said accused will
For him to become an be acquitted.
accessory, the principal
What is material is that he must have committed the So the criminal liability of an accomplice or accessory
used his public function in crime of treason, does not depend on the criminal liability of the
assisting the escape parricide, murder or principal but depends on the quantum of evidence.
attempt on the life of the
Chief Executive But if the evidence shows that the act done does
not constitute a crime and the principal is
acquitted, then the supposed accomplice and
PD 1829 (Also Known as
accessory should also be acquitted.
Revised Penal Code the Law Penalizing
“Obstruction of Justice”) If there is no crime, then there is no criminal liability,
No specification of the whether principal, accomplice or accessory.
Specifies the crimes that crime to be committed by
should be committed in the offender in order that DECREE PENALIZING OBSTRUCTION OF
case a civilian aids in the
criminal liability be APPREHENSION AND PROSECUTION OF
escape
incurred CRIMINAL OFFENDERS (P.D. 1829)
The offender is the The offender need not
principal or must be even be the principal or What is imposed:
convicted of the crime need not be convicted of (a) Prision correccional in its maximum period, or
charged the crime charged (b) Fine ranging from PhP 1,000 – 6,000, or
(c) Both
An offender of any crime Upon any person who knowingly or willfully
The one who harbored or is no longer an accessory concealed obstructs, impedes, frustrates or delays the
but is simply an offender
an offender is apprehension of suspects and the investigation
and prosecution of criminal cases through the
still an accessory without regard to the acts enumerated in Sec. 1
crime of the person
assisted to escape PUNISHABLE ACTS
(5) Whether the accomplice and the
accessory may be tried and convicted (a) Preventing witnesses from testifying in any
even before the principal is found guilty criminal proceeding or from reporting the
commission of any offense or the identity of any
There is an earlier Supreme Court ruling that the offender/s by means of bribery,
accessory and accomplice must be charged misrepresentation, deceit, intimidation, force
together with the principal; if the latter is acquitted, or threats;
the accomplice and the accessory shall not be (b) Altering, destroying, suppressing or concealing
criminally liable, unless the acquittal is based on a any paper, record, document, or object with intent
defense which is personal only to the principal. to impair its veracity, authenticity, legibility,
(a) However, it is not always true that the availability, or admissibility as evidence in any
accomplice and the accessory cannot be investigation of or official proceedings in criminal
criminally liable without the principal being cases, or to be used in the investigation of, or
first convicted. official proceedings in, criminal cases;
(b) Under Rule 110 of the Revised Rules on Criminal (c) Harboring or concealing, or facilitating the
Procedure, it is required that all those involved in escape of, any persons he knows, or has
the commission of the crime must be included in reasonable ground to believe or suspect,
the information that may be filed. has committed any offense under existing
penal laws in order to prevent his arrest,
The liability of the accused will depend on the prosecution and conviction;
quantum of evidence adduced by the prosecution (d) Publicly using a fictitious name for the purpose
against the particular accused but the prosecution of concealing a crime, evading prosecution or
must initiate the proceedings against the principal. the execution of a judgment, or concealing his
true name and other personal circumstances
Even if the principal is convicted, if the evidence for the same purpose or purposes;
presented against a supposed accomplice or

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(e) Delaying the prosecution of criminal cases by The punishable acts in PD 1829, compared to
obstructing the service of process or court RPC Art. 20 are prompted by a detestable
orders or disturbing proceedings in the fiscals’ greed, not by affection. The benefits of the
offices, in Tanodbayan, or in the courts; exception in Art. 20 do not apply to PD 1829.
(f) Making, presenting or using any record,
document, paper or object with knowledge
of its falsity and with intent to affect the
course or outcome of the investigation of, or
official proceedings in criminal cases; Penalties
(g) Soliciting, accepting, or agreeing to accept
any benefit in consideration of abstaining Penalty - is the suffering that is inflicted by the
from, discontinuing, or impeding the State for the transgression of a law.
prosecution of a criminal offender;
(h) Threatening directly or indirectly another with Different Juridical Conditions of Penalty:
the infliction of any wrong upon his person, (1) Must be PRODUCTIVE OF SUFFERING, without
honor or property or that of any immediate affecting the integrity of the human personality.
member or members of his family in order to (2) Must be COMMENSURATE to the offense –
prevent such person from appearing in the different crimes must be punished with
investigation of, or official proceedings in, different penalties.
criminal cases, or imposing a condition, (3) Must be PERSONAL – no one should be
whether lawful or unlawful, in order to prevent punished for the crime of another.
a person from appearing in the investigation (4) Must be LEGAL – it is the consequence of a
of, or in official proceedings in criminal cases; judgment according to law.
(i) Giving a false or fabricated information to (5) Must be CERTAIN – no one may escape its
mislead or prevent the law enforcement effects.
agencies from apprehending the offender or (6) Must be EQUAL for all.
from protecting the life or property of the (7) Must be CORRECTIONAL.
victim; or fabricating information from the
data gathered in confidence by investigating Theories justifying penalty:
authorities for purposes of background (1) PREVENTION – to suppress danger to the State
information and not for publication and (2) SELF-DEFENSE – to protect the society from
publishing or disseminating the same to the threat and wrong inflicted by the criminal.
mislead the investigator or the court. (3) REFORMATION – to correct and reform the
offender.
COMPARE WITH ART. 20, RPC (ACCESSORIES (4) EXEMPLARITY – to serve as an example to
EXEMPT FROM CRIMINAL LIABILITY) deter others from committing crimes.
(5) JUSTICE – for retributive justice, a
Ground for exemption under Art. 20 vindication of absolute right and moral law
The exemption provide in this article is based on violated by the criminal.
the ties of blood and the preservation of the
cleanliness of one’s name, which compels one GENERAL PRINCIPLES
to conceal crimes committed by relatives so Art. 21. Penalties that may be imposed. — No
near as those mentioned in this article. felony shall be punishable by any penalty not
prescribed by law prior to its commission.
An accessory is exempt from criminal liability
when the principal is his – (a) This article prohibits the Government from
(1) Spouse punishing any person for any felony with any
(2) Ascendant penalty which has not been prescribed by
(3) Descendant the law.
(4) Legitimate, natural or adopted brother, sister (b) It has no application to any of the provisions
or relative by affinity within the same degree, of the RPC for the reason that for every
felony defined in the Code, a penalty has
Accessory is not exempt from criminal liability been prescribed.
even if the principal is related to him if he (c) REASON: An act or omission cannot be
(a) Profited by the effects of the crime, or punished by the State if at the time it was
(b) Assisted the offender to profit by the effect committed there was no law prohibiting it,
of the crime. because a law cannot be rationally obeyed

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unless it is first shown, and a man cannot be Within the same realm of constitutional
expected to obey an order that has not been discretion, Congress has reversed itself.
given.
It must be asserted that today, the legal status of
ACT PROHIBITING THE IMPOSITION OF DEATH
the suppression of the death penalty in the
PENALTY IN THE PHILIPPINES (R. A. NO. 9346)
Philippines has never been more secure than at
any time in our political history as a nation.
RA 9346 expressly repealed RA 8177 or “Act
Designating Death by Lethal Injection” and RA PURPOSES
7659 or “Death Penalty Law”
Purpose of penalty under the RPC:
(1) RETRIBUTION OR EXPIATION – the penalty is
RA 9346 repealed all the other laws imposing commensurate with the gravity of the offense. It
death penalty. permits society to exact proportionate revenge,
and the offender to atone for his wrongs.
Section 2 states that: “In lieu of the death (2) CORRECTION OR REFORMATION – as shown
penalty, the following shall be imposed: by the rules which regulate the execution of the
(a) the penalty of reclusion perpetua, when the penalties consisting in deprivation of liberty.
law violated makes use of the nomenclature of
(3) SOCIAL DEFENSE – shown by its inflexible
the penalties of the Revised Penal Code; or
severity to recidivist and habitual delinquents.
(b) the penalty of life imprisonment, when the law
violated does not make use of the nomenclature
CLASSIFICATIONS
of the penalties of the Revised Penal Code.”
MAJOR CLASSIFICATION
People v. Bon (2006):Yet in truth, there is no (a) PRINCIPAL PENALTIES – those expressly
material difference between “imposition” and imposed by the court in the judgment of
“application,” for both terms embody the conviction.
operation in law of the death penalty. (b) ACCESSORY PENALTIES – those that are
deemed included in the imposition of the
Since Article 71 denominates “death” as an principal penalties.
element in the graduated scale of penalties, (c) SUBSIDIARY PENALTIES – those imposed in
there is no question that the operation of Article lieu of principal penalties, i.e., imprisonment in
71 involves the actual application of the death case of inability to pay the fine.
penalty as a means of determining the extent
which a person’s liberty is to be deprived. Note: Public censure is a penalty,
(a) Thus, it is not proper in acquittal.
Since Rep. Act No. 9346 unequivocally bars the (b) However, the Court in acquitting the
application of the death penalty, as well as accused may criticize his acts or conduct.
expressly repeals all such statutory provisions
requiring the application of the death penalty, such Penalties that are either principal or accessory:
effect necessarily extends to its relevance to the (a) Perpetual or temporary absolute
graduated scale of penalties under Article 71. disqualification,
(b) Perpetual or temporary special
The court cannot find basis to conclude that Rep. disqualification, and
Act No. 9346 intended to retain the operative (c) Suspension
effects of the death penalty in the graduation of the May be principal or accessory penalties,
other penalties in our penal laws. because they are formed in the 2 general
classes.(Asked 3 times in the Bar Exams)
Munoz cannot enjoin us to adopt such conclusion.
OTHER CLASSIFICATIONS OF PENALTIES
Rep. Act No. 9346 is not swaddled in the same (1) According to their divisibility:
restraints appreciated by Muñoz on Section (a) Divisible
19(1), Article III. (i) those that have fixed duration
(ii) divisible into three periods.
The very Congress empowered by the Constitution to (b) Indivisible
reinstate the imposition of the death penalty once (i) those which have no fixed duration:
thought it best to do so, through Rep. Act No. 7650. (ii) Death
(iii) Reclusion perpetua

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(iv) Perpetual absolute or special But the civil liability with regard to the interest of the
disqualification injured party is extinguished.
(v) Public censure
PENALTIES WHICH MAY BE IMPOSED
(2) According to subject-matter (1) Scale of Principal Penalties
(a) Corporal (death)
(b) Deprivation of freedom (reclusion, (a) Capital punishment: (D)
prision, arresto) (i) Death.
(c) Restriction of freedom (destierro) (b) Afflictive penalties: (RP, RT, PAD, TAD,
(d) Deprivation of rights (disqualification PSD, TSD, PM)
and suspension) (i) Reclusion perpetua,
(e) Pecuniary (fine) (ii) Reclusion temporal,
(iii) Perpetual or temporary absolute
(3) According to their gravity disqualification,
(a) Capital (iv) Perpetual or temporary special
(b) Afflictive disqualification,
(c) Correctional (v) Prision mayor.
(d) Light (c) Correctional penalties: (PC, AM, S, Des)
(i) Prision correccional,
DURATION AND EFFECT (ii) Arresto mayor,
Art. 22. Retroactive effect of penal laws. — Penal (iii) Suspension,
Laws shall have a retroactive effect insofar as they (iv) Destierro.
favor the persons guilty of a felony, who is not a (d) Light penalties: (Am, Pc)
habitual criminal, as this term is defined in Rule 5 of (i) Arresto menor,
Article 62 of this Code, although at the time of the (ii) Public censure.
publication of such laws a final sentence has been (e) Penalties common to the three preceding
pronounced and the convict is serving the same. classes: (F, Bond)
(i) Fine, and
This article states that Penal Laws shall only (ii) Bond to keep the peace.
have retroactive effect if it favors persons guilty
of felonies, who are not considered habitual (2) Scale of Accessory Penalties (PAD, TAD,
criminals as defined in Article 62. PSD, TSD, S, CI, I, F, Pay)

(a) Perpetual or temporary absolute


Art. 23. Effect of pardon by the offended party. disqualification,
— A pardon of the offended party does not (b) Perpetual or temporary special disqualification,
extinguish criminal action except as provided in (c) Suspension from public office, the right to vote
Article 344 of this Code; but civil liability with and be voted for, the profession or calling.
regard to the interest of the injured party is (d) Civil interdiction,
extinguished by his express waiver. (e) Indemnification,
(f) Forfeiture or confiscation of instruments and
This article states the extent of a pardon made by the proceeds of the offense,
offended party. Under this article, a pardon does not (g) Payment of costs
extinguish the criminal liability of an offender except
for cases under Article 344 (Prosecution of the crimes The following table also contains
of adultery, concubinage, seduction, abduction, rape DISQUALIFICATION as an afflictive penalty,
and acts of lasciviousness). because its different forms can also be imposed
as a principal although it is primarily categorized
as an accessory penalty.

Penalty Duration Effects Accessories


Death
Indivisible
(REPEALED)
Death, when not executed (1) PAD
due to pardon or (2) Civil interdiction 30 yrs

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Penalty Duration Effects Accessories


commutation from sentence
(REPEALED)
20 years & 1 day to 40 (1) PAD
Reclusion perpetua
years (Indivisible) (2) Civil interdiction for life
(1) Deprivation of public
office, even if by
election
(2) Deprivation of right to
Perpetual absolute
For life vote & be voted for
disqualification (PAD)
(3) Disqualification from
public office held
(4) Loss of retirement
rights
(1) Deprivation of office,
employment,
profession, or calling
Perpetual special
For life affected
disqualification (PSD)
(2) Disqualification from
similar offices or
employments
(1) PAD
12 years & 1 day to 20
Reclusion temporal (2) Civil interdiction for
years
duration of sentence
6 years & 1 day (1) TAD
Prision mayor
to 12 years (2) PSD of suffrage
(1) Deprivation of public
office, even if by
election
(2) Deprivation of right to
Temporary absolute vote & be voted for
6 years & 1 day
disqualification during sentence
to 12 years
(TAD) (3) Disqualification from
public office held
during sentence
(4) Loss of retirement
rights
(1) Deprivation of office,
employment,
Temporary special profession, or calling
6 years & 1 day
disqualification affected
to 12 years
(TSD) (2) Disqualification from
similar offices or
employments

Specific Principal and Accessory Penalties Duration: 20 years and 1 day to 40 years
Accessory Penalties:
(1) Afflictive penalties (1) Civil interdiction for life or during the period of
the sentence as the case may be.
(a) Reclusion Perpetua (2) Perpetual Absolute Disqualification which the
offender shall suffer even though pardoned as

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to the principal penalty, unless the same shall


Life Imprisonment Reclusion Perpetua
have been expressly remitted in the pardon.
accessory penalties penalties
People v. Gatward (1997): As amended by RA Entails imprisonment for
7659, the penalty of reclusion perpetua is now at least 30 years after
accorded a defined duration ranging from 20 Does not appear to have which the convict
years and 1 day to 40 years. any definite extent or becomes eligible for
duration pardon although the
The Court held that in spite of the amendment maximum period shall in
putting the duration of RP, it should remain as no case exceed 40 years
an indivisible penalty since there was never
intent on the part of Congress to reclassify it into (b) Reclusion Temporal
a divisible penalty.
Duration: 12 years and 1 day to 20 years
The maximum duration of reclusion perpetua is Accessory Penalties:
not and has never been 30 years which is (1) Civil interdiction for life or during the period
merely the number of years which the convict of the sentence as the case may be.
must serve in order to be eligible for pardon or (2) Perpetual Absolute Disqualification which the
for the application of the 3-fold rule (infra). offender shall suffer even though pardoned as
to the principal penalty, unless the same shall
People v. Ramirez (2001): The SC disagrees with the have been expressly remitted in the pardon.
trial court in sentencing appellant "to suffer
imprisonment of forty (40) years reclusion perpetua." (c) Prision mayor

There was no justification or need for the trial court Duration: 6 years and 1 day to 12 years
to specify the length of imprisonment, because Accessory Penalties:
reclusion perpetua is an indivisible penalty. (1) Temporary Absolute Disqualification
(2) Perpetual Special Disqualification from the
The significance of this fundamental principle was right to suffrage which the offender shall
laid down by the Court in People v. Diquit. "Since suffer although pardoned as to the principal
reclusion perpetua is an indivisible penalty, it has penalty unless the same shall have been
no minimum, medium or maximum periods. expressly remitted in the pardon.

It is imposed in its entirety regardless of any (2) Correctional Penalties


mitigating or aggravating circumstances that
may have attended the commission of the crime. (a) Prision Correccional
(Art. 63, Revised Penal Code)
Duration: 6 months and 1 day to 6 years
Reclusion Perpetua is imprisonment for life but the Accessory Penalties:
person sentenced to suffer it shall be pardoned after (1) Suspension from public office
undergoing the penalty for thirty (30) years, unless by (2) Suspension from the right to follow a
reason of his conduct or some other serious cause, profession or calling
he shall be considered by the Chief Executive as (3) Perpetual Special Disqualification for the
unworthy of pardon (Art. 27, Revised Penal Code)." right of suffrage, if the duration of the
imprisonment shall exceed 18 months
Distinguished from Life Imprisonment
While life imprisonment may appear to be the (b) Arresto Mayor
English translation of reclusion perpetua, in
reality, it goes deeper than that. Duration: 1 month and 1 day to 6 months
Accessory Penalties:
Life Imprisonment Reclusion Perpetua (1) Suspension of right to hold office
(2) Suspension of the right of suffrage during
Imposed for serious the term of the sentence.
offenses penalized by Prescribed under the RPC
special laws
Does not carry with it Carries with it accessory

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Penalty Duration Effects Accessories


(1) Suspension from
public office
(2) Suspension from
6 months & 1 day profession or calling
Prision correccional
to 6 years (3) PSD of suffrage, if the
duration of
imprisonment exceeds
18 mos.
(1) Public office
6 months & 1 day
Suspension (2) Profession or calling
to 6 years
(3) Suffrage
Prohibition to enter w/in
6 months & 1 day
Destierro 25-250 km radius from the
to 6 years
designated place
(1) Suspension of right to
1 month & 1 day hold office
Arresto mayor
to 6 months (2) Suspension of the right
of suffrage

(3) Light Penalties This article merely classifies fine and has nothing to
do with the definition of light felony.
(a) Arresto Menor
The court can fix any amount of the fine within the
Duration: 1 day to 30 days limits established by law.
Accessory Penalties:
(1) Suspension of right to hold office The court must consider:
(2) Suspension of the right of suffrage during the (a) The mitigating and aggravating circumstances;
term of the sentence. and
(b) More particularly, the wealth or means of the
(b) Public Censure culprit.
Censure, being a penalty is not proper in acquittal.
When the law does not fix the minimum of the fine,
(a) the determination of the amount of the fine to
Penalty Duration Accessories
be imposed upon the culprit
Suspension of (b) is left to the sound discretion of the court,
right to hold (c) provided it shall not exceed the maximum
Arresto menor 1 day to 30 days
office and right authorized by law.
of suffrage
Note: Fines are not divided into 3 equal portions.
Public censure
(b) Bond to Keep the Peace
(4) Penalties common to afflictive, correctional, and
light penalties
Art. 35. Effects of bond to keep the peace. —
(a) Fine It shall be the duty of any person sentenced to give
bond to keep the peace, to present two sufficient
Fine is: sureties who shall undertake that such person will
(a) Afflictive –more than P6,000 not commit the offense sought to be prevented, and
(b) Correctional – P200 to P6,000 that in case such offense be committed they will pay
the amount determined by the court in the
(c) Light Penalty – less than P200
judgment, or otherwise to deposit such amount in
the office of the clerk of the court to guarantee said
undertaking.

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(a) Perpetual or Temporary Absolute

The court shall determine, according to its Disqualification


discretion, the period of duration of the bond.
Effects:
Should the person sentenced fail to give the bond as (1) Deprivation of any public office or
required he shall be detained for a period which shall employment of offender;
in no case exceed six months, is he shall have been (2) Deprivation of the right to vote in any
prosecuted for a grave or less grave felony, and shall election or to be voted upon;
not exceed thirty days, if for a light felony.
(3) Loss of rights to retirement pay or pension

2 ways of giving bond: Note: Perpetual absolute disqualification is


(a) The offender must present effective during the lifetime of the convict and
2 sufficient sureties who shall undertake that even after the service of the sentence.
Temporary absolute disqualification lasts during
(a) the offender will not commit the offense
sought to be prevented, the term of the sentence except (1) deprivation
of the public office or employment; and (2) loss
(b) and that in case such offense be
of all rights to retirement pay or other pension for
committed they will pay the amount
any office formerly held. (See Art. 30, par. 3).
determined by the court;

(b) The offender must Art. 32. Effect of the penalties of perpetual or
deposit such amount with the clerk of court temporary special disqualification for the
to guarantee said undertaking; exercise of the right of suffrage.
(1) The perpetual or temporary special
The court shall determine the period of disqualification for the exercise of the right of
duration of the bond. suffrage
(2) shall deprive the offender perpetually or
The offender may be detained, if he during the term of the sentence, according to the
cannot give the bond, nature of said penalty,
(a) for a period not to exceed 6 months if (3) of the right to vote in any popular election for
prosecuted for grave or less grave felony, or any public office or to be elected to such office.
(b) for a period not to exceed 30 days, if for (4) Moreover, the offender shall not be permitted
a light felony. to hold any public office during the period of his
disqualification.
Bond to keep the peace is different from bail
bond which is posted for the provisional release
Art. 33. Effects of the penalties of suspension
of a person arrested for or accused of a crime.
from any public office, profession or calling, or
the right of suffrage.
PENALTIES COMMON TO ALL THREE TYPES
The suspension from public office, profession or
Penalty Duration Accessories calling, and the exercise of the right of suffrage
shall disqualify the offender from holding such
Fine office or exercising such profession or calling or
Bond to keep the As determined right of suffrage during the term of the sentence.
peace by the court
The person suspended from holding public office
ACCESSORY PENALTIES
shall not hold another having similar functions
during the period of his suspension.
(1) Perpetual or temporary absolute
disqualification,
(2) Perpetual or temporary special disqualification, Art. 34. Civil interdiction. Civil interdiction shall deprive
(3) Suspension from public office, the right to vote the offender during the time of his sentence of the
and be voted for, the profession or calling. rights of parental authority, or guardianship, either as
(4) Civil interdiction, to the person or property of any ward, of marital
(5) Indemnification/ Forfeiture or confiscation of authority, of the right to manage his property and of
instruments and proceeds of the offense, the right to dispose of such property by any act or any
(6) Payment of costs. conveyance inter vivos.

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Art. 45. Confiscation and forfeiture of the proceeds or (c) Civil Interdiction
instruments of the crime. Every penalty imposed for
the commission of a felony shall carry with it the Effects: Deprivation of the following rights:
forfeiture of the proceeds of the crime and the (1) Parental authority
instruments or tools with which it was committed. (2) Guardianship over the ward
Such proceeds and instruments or tools shall be (3) Marital authority
(4) Right to manage property and to dispose of the
confiscated and forfeited in favor of the Government,
same by acts inter vivos. (Note: The convict can
unless they be property of a third person not liable for
the offense, but those articles which are not subject of still dispose his property mortis causa).
lawful commerce shall be destroyed.
Civil interdiction is an accessory penalty to the
(b) Perpetual or Temporary Special
following principal penalties:
Disqualification (1) Death if commuted to life imprisonment;
(2) Reclusion perpetua
(3) Reclusion temporal
Art. 31. Effect of the penalties of perpetual or
temporary special disqualification. (d) IndemnificationorConfiscationof
(1) The deprivation of the office, employment, Instruments or Proceeds of the Offense
profession or calling affected; (1) This is included in every penalty for the
(2) The disqualification for holding similar offices commission of the crime.
or employments either perpetually or during the (2) The confiscation is in favor of the government.
term of the sentence according to the extent of (3) Property of a third person not liable for the
such disqualification. offense is not subject to confiscation.
(4) If the trial court did not order any confiscation
Effects: For public office, profession or calling: of the process of the crime, the government
(1) Deprivation of the office, employment, cannot appeal from the confiscation as that
profession or calling affected; would increase the penalty already imposed.
(2) Disqualification for holding similar offices or
employments during the period of (e) Payment of Costs
disqualification.
Includes:
Effects: For the exercise of right to suffrage: (1) Fees, and
(1) Deprivation of the right to vote or to be (2) Indemnities, in the course of judicial
elected in an office; proceedings.
(2) Cannot hold any public office during the (a) Costs may be fixed amounts already
period of disqualification. (Art. 31). determined by law or regulations or amounts
subject to a schedule.
The penalty for disqualification if imposed as an (b) If the accused is convicted; costs may be
accessory penalty is imposed for PROTECTION charged against him.
and NOT for the withholding of a privilege. (c) If he is acquitted, costs are de officio,
meaning each party bears his own expense.
Note: If temporary disqualification or suspension is (d) No costs shall be allowed against the Republic
imposed as an accessory penalty, the duration is of the Philippines. (Rule 142, Sec. 1).
the same as that of the principal penalty. (e) Whether costs should be assessed against the
accused lie within the discretion of the court.
Suspension from Public Office, the Right to
Vote and Be Voted for, the Right to Practice a
Accessory Penalty Effects
Profession or Calling
Deprivation of any public office
Effects: or employment of offender;
(1) Disqualification from holding such office or
the exercise of such profession or right of Perpetual or Deprivation of the right to vote
suffrage during the term of the sentence; Temporary Absolute in any election or to be voted
(2) Cannot hold another office having similar Disqualification upon;
functions during the period of suspension.
(Art. 32). Loss of rights to retirement pay
or pension

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Accessory Penalty Effects Measures not considered penalty


Art. 24. Measures of prevention or safety which
For public office, profession are not considered penalties.
or calling: The following shall not be considered as penalties:
(a) Deprivation of the office, (1) The arrest and temporary detention of
employment, profession accused persons, as well as their detention by
or calling affected; reason of insanity or imbecility, or illness
(b) Disqualification for holding requiring their confinement in a hospital.
similar offices or (2) The commitment of a minor to any of the
Perpetual or
employments during the institutions mentioned in Article 80 and for the
Temporary Special
period of disqualification; purposes specified therein.
Disqualification
For the exercise of right to (3) Suspension from the employment of public office
suffrage: during the trial or in order to institute proceedings.
(a) Deprivation of the right to (4) Fines and other corrective measures which,
vote or to be elected in in the exercise of their administrative disciplinary
an office; powers, superior officials may impose upon their
(b) Cannot hold any public subordinates.
office during the period of (5) Deprivation of rights and the reparations
disqualification which the civil laws may establish in penal form.

Suspension from Measures not considered penalties:


Disqualification from holding (1) Preventive detention
Public Office, the
such office or the exercise of (2) Detention for medical causes
Right to Vote and Be such profession or right of
Voted for, the Right (3) Rehabilitation of minors
suffrage during the term of the (4) Preventive suspension from public office
to Practice a
Profession or Calling sentence; (5) Administrative fines and penalties
(6) Civil law deprivation of rights and reparations
Cannot hold another office
having similar functions during (a) They are not penalties because they are not
the period of suspension. imposed as a result of judicial proceedings.
(b) Those mentioned in par. 3 and 4 are merely
preventive measures before conviction of
Deprivation of the following
offenders.
rights: (c) The commitment of a minor mentioned in par.
(a) Parental authority 2 is not a penalty because it is not imposed by
(b) Guardianship over the the court in a judgment of conviction.
Civil Interdiction ward
(d) The imposition of the sentence in such case
(c) Marital authority
is suspended.
(d) Right to manage property
and to dispose of the same The succeeding provisions are some examples
by acts inter vivos of deprivation of rights established in penal form:
Indemnification or Forfeiture in favor of the
Confiscation of Government of the proceeds of Family Code, Art. 228. Parental authority
Instruments or the crime and the instruments terminates permanently:
Proceeds of the or tools with which it was (1) Upon the death of the parents;
Offense committed (2) Upon the death of the child; or
If the accused be convicted, the (3) Upon emancipation of the child. (327a).
costs may be charged against
him Family Code, Art. 229. Unless subsequently
Payment of Costs revived by a final judgment, parental authority
If he be acquitted, costs are de also terminates:
officio, i.e., each party will bear (1) Upon adoption of the child;
his/her own expense (2) Upon appointment of a general guardian;
(3) Upon judicial declaration of abandonment of
the child in a case filed for the purpose;

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(4) Upon final judgment of a competent court (3) THE DURATION OF OTHER PENALTIES –
divesting the party concerned of parental the duration is from the day on which the
authority; or offender commences to serve his sentence
(5) Upon judicial declaration of absence or incapacity
of the person exercising parental authority. (327a). Examples of temporary penalties:
(1) Temporary absolute disqualification
APPLICATION (2) Temporary special disqualification
General Rules (3) Suspension
In case of excessive penalties, the court must
still impose the penalty but it shall recommend (a) If offender is under detention, as when he is
reduction, commutation, or other actions to the undergoing preventive imprisonment, Rule
Chief Executive. [Art. 5, RPC] No. 1 applies.
(b) If not under detention, because the offender
has been released on bail, Rule No. 3 applies.
Art. 21. Penalties that may be imposed. — No
felony shall be punishable by any penalty not
Examples of penalties consisting in deprivation
prescribed by law prior to its commission.
of liberty:
(1) Imprisonment
Nulla poena sine lege. This article prohibits the (2) Destierro
Government from imposing punishment to any
person for a felony with any penalty which has (a) When the offender is not in prison, Rule No.
not been prescribed by the law. 2 applies.
(b) If the offender is undergoing preventive
In addition, penalties must be individual, i.e., not imprisonment, Rule No. 3 applies but the
shared, and definite, e.g., imprisonment, fine, offender is entitled to a deduction of full time
imprisonment and fine, imprisonment or fine; but or 4/5 of the time of his detention.
not imprisonment and/or fine.
Art. 29. Period of preventive imprisonment
Art. 28. Computation of penalties. — If the deducted from term of imprisonment.
offender shall be in prison, the term of the Offenders who have undergone preventive
duration of the temporary penalties shall be imprisonment shall be credited in the service of
computed from the day on which the judgment their sentence consisting of deprivation of liberty,
of conviction shall have become final. with the full time during which they have undergone
preventive imprisonment, if the detention prisoner
If the offender be not in prison, agrees voluntarily in writing to abide by the same
the term of the duration of the penalty consisting disciplinary rules imposed upon convicted
of deprivation of liberty shall be computed from prisoners, except in the following cases:
the day that the offender is placed at the
disposal of the judicial authorities for the (a) When they are recidivists or have been convicted
enforcement of the penalty. previously twice or more times of any crime; and
(b) When upon being summoned for the
The duration of the other penalties shall be execution of their sentence they have failed to
computed only from the day on which the surrender voluntarily.
defendant commences to serve his sentence.
If the detention prisoner does not agree to abide by
RULES ON THE COMPUTATION OF PENALTIES: the same disciplinary rules imposed upon convicted
(1) WHEN THE OFFENDER IS IN PRISON – prisoners, he shall be credited in the service of his
the duration of temporary penalties is from sentence with four-fifths of the time during which he
the day on which the judgment of conviction has undergone preventive imprisonment. (As
becomes final. amended by Republic Act 6127, June 17, 1970).
(2) WHEN THE OFFENDER IS NOT IN PRISON
– the duration of penalty consisting in Whenever an accused has undergone
deprivation of liberty, is from the day that the preventive imprisonment
offender is placed at the disposal of judicial • for a period equal to or more than the possible
authorities for the enforcement of the penalty. maximum imprisonment of the offense charged
to which he may be sentenced
• and his case is not yet terminated,

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Application on the imposed sentence


he shall be released immediately without prejudice PROCEDURE FOR DETERMING THE
to the continuation of the trial thereof or the MAXIMUM AND MINIMUM SENTENCE
proceeding on appeal, if the same is under review. (1) It consists of a maximum and a minimum
instead of a single fixed penalty.
In case the maximum penalty to which the accused (2) Prisoner must serve the minimum before he
may be sentenced is destierro, he shall be released is eligible for parole.
after thirty (30) days of preventive imprisonment. (As (3) The period between the minimum and
amended by E.O. No. 214, July 10, 1988). maximum is indeterminate in the sense that
the prisoner may be exempted from serving
(a) The accused undergoes preventive said indeterminate period in whole or in part.
imprisonment when the offense charged is (4) The maximum is determined in any case
nonbailable, or even if bailable, he cannot punishable under the RPC in accordance with
furnish the required bail. the rules and provisions of said code exactly
(b) The convict is to be released immediately if as if the ISL had never been enacted.
the penalty imposed after trial is less than (5) Apply first the effect of privileged mitigating
the full time or four-fifths of the time of the circumstances then consider the effects of
preventive imprisonment. aggravating and ordinary mitigating
(c) The accused shall be released immediately circumstances.
whenever he has undergone preventive (6) The minimum depends upon the court’s
imprisonment for a period equal to or more discretion with the limitation that it must be
than the possible maximum imprisonment within the range of the penalty next lower in
for the offense charged. degree to that prescribed by the Code for
the offense committed.
INDETERMINATE SENTENCE LAW (RA 4103, AS AMENDED)
The Indeterminate Sentence is composed of: Note: A minor who escaped from confinement in
(1) A MAXIMUM taken from the penalty the reformatory is entitled to the benefits of the
imposable under the penal code ISL because his confinement is not considered
(considering attendant circumstances) imprisonment.
(2) A MINIMUM taken from the penalty next
lower to that fixed in the code. Coverage
The law does not apply to certain offenders:
Purpose of the law: to uplift and redeem (1) Persons convicted of offense punished with
valuable human material and prevent death penalty or life imprisonment (or
unnecessary and excessive deprivation of liberty reclusion perpetua).
and economic usefulness. (2) Those convicted of treason, conspiracy or
 It is necessary to consider the criminal first proposal to commit treason.
as an individual, and second as a member (3) Those convicted of misprision of treason,
of the society. rebellion, sedition or espionage.

 The law is intended to favor the defendant, (4) Those convicted of piracy.
particularly to shorten his term of (5) Those who are habitual delinquents (but
imprisonment, depending upon his behavior applies to recidivists).
and his physical, mental and moral record (6) Those who shall have escaped from
as a prisoner, to be determined by the Board confinement or evaded service of sentence.
of Indeterminate Sentence. (7) Those who violated the terms of conditional
pardon granted to them by the Chief Executive.
The settled practice is to give the accused the (8) Those whose maximum term of
benefit of the law even in crimes punishable with imprisonment does not exceed one year.
death or life imprisonment provided the resulting (9) Those who, upon the approval of the law,
penalty, after considering the attending had been sentenced by final judgment.
circumstances, is reclusion temporal or less.

ISL does not apply to destierro. ISL is expressly


granted to those who are sentenced to
imprisonment exceeding 1 year.

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Those sentenced to the penalty of destierro or De la Cruz v. CA (1996): In as much as the


suspension.Art. 64. Rules for the application of amount of P715k is P693k more than the
penalties which contain three periods. abovementioned benchmark of P22k, then
In cases in which the penalties prescribed by law adding one year for each additional P10k,
contain three periods, whether it be a single divisible
penalty or composed of three different penalties, each the maximum period of 6 years, 8 months and
one of which forms a period in accordance with the 21 days to 8 years of prision mayor minimum
provisions of Articles 76 and 77, the court shall would be increased by 69 years, as computed
observe for the application of the penalty the following by the trial court.
rules, according to whether there are or are not
mitigating or aggravating circumstances: But the law categorically declares that the
(a) When there are neither aggravating nor maximum penalty then shall not exceed 20
mitigating circumstances, they shall impose the years of reclusion temporal.
penalty prescribed by law in its medium period.
(b) When only a mitigating circumstance is present Under the ISL, the minimum term of the
in the commission of the act, they shall impose indeterminate penalty should be within the range
the penalty in its minimum period. of the penalty next lower in degree to that
(c) When an aggravating circumstance is present prescribed by the Code for the offense
in the commission of the act, they shall impose committed, which is prision correccional.
the penalty in its maximum period.
(d) When both mitigating and aggravating People v. Saley: Under the Indeterminate
circumstances are present, the court shall Sentence Law,
reasonably offset those of one class against (a) the maximum term of the penalty shall be
the other according to their relative weight. "that which, in view of the attending
(e) When there are two or more mitigating circumstances, could be properly imposed"
circumstances and no aggravating under the Revised Penal Code,
circumstances are present, the court shall: (b) and the minimum shall be "within the range of
(i) impose the penalty next lower to that the penalty next lower to that prescribed" for
prescribed by law, the offense.
(ii) in the period that it may deem applicable,
(iii) according to the number and nature of The penalty next lower should be based on the
such circumstances. penalty prescribed by the Code for the offense,
(f) Whatever may be the number and nature of without first considering any modifying circumstance
the aggravating circumstances, the courts attendant to the commission of the crime.
shall not impose a greater penalty than that
prescribed by law, in its maximum period. The determination of the minimum penalty is left
(g) Within the limits of each period, the court shall by law to the sound discretion of the court and it
determine the extent of the penalty according to can be anywhere within the range of the penalty
the number and nature of the aggravating and next lower without any reference to the periods
mitigating circumstances and the greater and into which it might be subdivided.
lesser extent of the evil produced by the crime.
The modifying circumstances are considered
only in the imposition of the maximum term of
the indeterminate sentence.

The fact that the amounts involved in the instant


case exceed P22,000.00 should not be
considered in the initial determination of the
indeterminate penalty;

Instead, the matter should be so taken as analogous


to modifying circumstances in the imposition of the
maximum term of the full indeterminate sentence.

This interpretation of the law accords with the rule


that penal laws should be construed in favor of the

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accused. Since the penalty prescribed by law for THREE-FOLD RULE


the estafa charge against accused-appellant is Art. 70. Successive service of sentence.
prision correccional maximum to prision mayor When the culprit has to serve two or more
minimum, the penalty next lower would then be penalties, he shall serve them simultaneously if
prision correccional minimum to medium. Thus, the nature of the penalties will so permit
the minimum term of the indeterminate sentence otherwise, the following rules shall be observed:
should be anywhere within six (6) months and
one (1) day to four (4) years and two (2) months. In the imposition of the penalties, the order of
their respective severity shall be followed so that
People v. Campuhan: The penalty for attempted they may be executed successively or as nearly
rape is two (2) degrees lower than the imposable as may be possible, should a pardon have been
penalty of death for the offense charged, which is granted as to the penalty or penalties first
statutory rape of a minor below seven (7) years. imposed, or should they have been served out.

Two (2) degrees lower is reclusion temporal, the For the purpose of applying the provisions of the
range of which is twelve (12) years and one (1) next preceding paragraph
day to twenty (20) years.
the respective severity of the penalties shall be
Applying the Indeterminate Sentence Law, and determined in accordance with the following scale:
in the absence of any mitigating or aggravating
circumstance, (1) Death,
(2) Reclusion perpetua,
the maximum of the penalty to be imposed upon the (3) Reclusion temporal,
accused shall be taken from the medium period of (4) Prision mayor,
reclusion temporal, the range of which is fourteen (5) Prision correccional,
(14) years, eight (8) months and (1) day to seventeen (6) Arresto mayor,
(17) years and four (4) months, (7) Arresto menor,
(8) Destierro,
while the minimum shall be taken from the penalty (9) Perpetual absolute disqualification,
next lower in degree, which is prision mayor, the (10)Temporal absolute disqualification.
range of which is from six (6) years and one (1) (11)Suspension from public office, the right to
day to twelve (12) years, in any of its periods. vote and be voted for, the right to follow a
profession or calling, and
Conditions of parole (12)Public censure
Sec. 6: Duty of the prisoner released under this
Notwithstanding the provisions of the rule next
Code: Report personally to such government
preceding, the maximum duration of the
officials or other parole officers appointed by the
convict's sentence shall not be more than three-
Board for a period of surveillance equivalent to the fold the length of time corresponding to the most
remaining portion of the maximum sentence severe of the penalties imposed upon him.
imposed upon him or until final release by the
Board. If it is shown that he is a law-abiding citizen
No other penalty to which he may be liable shall
and did not violate any laws of the country, the
be inflicted after the sum total of those imposed
Board may issue a final certificate of release which
equals the same maximum period.
will entitle him to final release and discharge.
Such maximum period shall in no case exceed
Sec. 8: Violations of the conditions of the parole: forty years.
If he/she violates any of the conditions of the
parole, the Board may issue his warrant of In applying the provisions of this rule the
arrest. If captured/arrested, he shall serve the duration of perpetual penalties shall be
remaining unexpired portion of the maximum computed at thirty years. (As amended).
sentence for which he was originally committed
unless a new parole was granted. Outline of the provisions of this Article:
(1) When the culprit has to serve 2 or more
penalties, he shall serve them simultaneously
if the nature of the penalties will so permit.

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(2) Otherwise, the order of their respective same court or in different courts, at the
severity shall be followed. same time or at different times.
(f) Subsidiary imprisonment forms part of the
The respective severity of the penalties is as follows: penalty.
(1) Death (repealed) (g) Indemnity is a penalty.
(2) Reclusion perpetua (h) Court must impose all the penalties for all
(3) Reclusion temporal the crimes of which the accused is found
(4) Prision mayor guilty, but in the service of the same, they
(5) Prision correccional shall not exceed three times the most
(6) Arresto mayor severe and shall not exceed 40 years.
(7) Arresto menor
(8) Destierro Mejorada v. Sandiganbayan (1987): The petitioner
(9) Perpetual absolute disqualification was convicted of violating Section 3(E) of RA No.
(10) Temporary absolute disqualification 3019 aka the Anti-Graft and Corrupt Practices Act.
(11) Suspension from public office, the right to
vote, and be voted for, the right to follow One of the issues raised by the petitioner concerns
profession or calling, and the penalty imposed by the Sandiganbayan which
(12) Public censure totals 56 years and 8 days of imprisonment.
The penalties which can be simultaneously He impugns this as contrary to the three-fold
served are: rule and insists that the duration of the
(1) Perpetual absolute disqualification aggregate penalties should not exceed 40 years.
(2) Perpetual special disqualification
(3) Temporary absolute disqualification Held:
(4) Temporary special disqualification Petitioner is mistaken in his application of the 3-
(5) Suspension fold rule as set forth in Art. 70 of the RPC.
(6) Destierro
(7) Public Censure This article is to be taken into account not in the
(8) Fine and Bond to keep the peace imposition of the penalty but in connection
(9) Civil interdiction with the service of the sentence imposed.
(10) Confiscation and payment of costs
Art. 70 speaks of “service” of sentence,
(a) The above penalties, except destierro, can be
“duration” of penalty and penalty “to be inflicted”.
served simultaneously with imprisonment.
(b) Penalties consisting in deprivation of liberty Nowhere in the article is anything mentioned
cannot be served simultaneously by reason about the “imposition of penalty”.
of the nature of such penalties. It merely provides that the prisoner cannot be made to
serve more than three times the most severe of these
Three-fold Rule: The maximum duration of the penalties the maximum which is 40 years.
convict’s sentence shall not be more than three
times the length of time corresponding to the Where the Penalty Is Not Composed of 3 Periods
most severe of the penalties imposed upon him.

(a) The phrase “the most severe of the Art. 65. Rule in cases in which the penalty is not
penalties” includes equal penalties. composed of three periods. In cases in which the
(b) The three-fold rule applies only when the penalty prescribed by law is not composed of three
convict has to serve at least four sentences. periods, the courts shall apply the rules contained in
(c) All the penalties, even if by different courts the foregoing articles, dividing into three equal
at different times, cannot exceed three-fold portions of time included in the penalty prescribed,
the most severe. and forming one period of each of the three portions.
(d) The Rules of Court specifically provide that
any information must not charge more than Meaning of the Rule
one offense. (a) Compute and determine first the 3 periods of
(e) Necessarily, the various offense punished with the entire penalty.
different penalties must be charged under (b) The time included in the penalty prescribed
different informations which may be filed in the should be divided into 3 equal portions, after

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subtracting the minimum (eliminate the 1 day) (b) if the culprit shall have been prosecuted for
from the maximum of the penalty. a grave or less grave felony, and shall not
(c) The minimum of the minimum period should exceed fifteen days, if for a light felony.
be the minimum of the given penalty
(including the 1 day). (3) When the principal imposed is higher than
(d) The quotient should be added to the minimum prision correccional,
prescribed (eliminate the 1 day) and the total will no subsidiary imprisonment shall be imposed
represent the maximum of the minimum period. upon the culprit.
(1) Take the maximum of the minimum period,
add 1 day and make it the minimum of the (4) If the principal penalty imposed is not to be
medium period; then add the quotient to the executed by confinement in a penal institution,
minimum (eliminate the 1 day) of the (a) but such penalty is of fixed duration,
medium period and the total will represent (b) the convict, during the period of time
the maximum of the medium period. established in the preceding rules,
(2) Take the maximum of the medium (c) shall continue to suffer the same
period, add 1 day and make it the deprivations as those of which the
minimum of the maximum period; then principal penalty consists.
add the quotient to the minimum
(eliminate the 1 day) of the maximum (5) The subsidiary personal liability which the
period and the total will represent the convict may have suffered by reason of his
maximum of the maximum period. insolvency shall not relieve him,

SUBSIDIARY IMPRISONMENT from the fine in case his financial


Art. 38.Pecuniary liabilities; Order of payment. circumstances should improve. (As amended
— In case the property of the offender should by RA 5465, April 21, 1969).
not be sufficient for the payment of all his
pecuniary liabilities, the same shall be met in the Subsidiary penalty – it is personal liability to be
following order: suffered by the convict who has no property with
which to meet the fine at the rate of one day for each
(1) The reparation of the damage caused. P8, subject to the rules provided for in Articles 39.
(2) Indemnification of consequential damages.  An accused cannot be made to undergo
(3) The fine. subsidiary imprisonment in case of insolvency
(4) The cost of the proceedings. to pay the fine imposed upon him when the
subsidiary imprisonment is not imposed in the
 judgment of conviction. (Ramos v. Gonong)
Art. 39. Subsidiary penalty.
If the convict has no property with which to meet  A convict who has property not exempt from
the fine mentioned in the paragraph 3 of the next execution sufficient enough to meet the fine
preceding article, he shall be subject to a  cannot choose to serve the subsidiary penalty.
subsidiary personal liability at the rate of one day  Subsidiary imprisonment is not an accessory
for each eight pesos, subject to the following rules: penalty.

(1) If the principal penalty imposed be prision Rules as to subsidiary imprisonment:


correccional or arresto and fine, (1) If the penalty imposed is prision correcccional
(a) he shall remain under confinement until or arresto and fine – subsidiary imprisonment
his fine referred to in the preceding not to exceed 1/3 of the term of the sentence,
paragraph is satisfied, and in no case to continue for more than 1
(b) but his subsidiary imprisonment shall not year. Fraction or part of the day not counted.
exceed one-third of the term of the sentence, (2) When the penalty imposed is fine only –
(c) and in no case shall it continue for more subsidiary imprisonment, not to exceed 6
than one year, and no fraction or part of a months, if the culprit is prosecuted for grave
day shall be counted against the prisoner. or less grave felony, and not to exceed 15
days, if prosecuted for light felony.
(2) When the principal penalty imposed be only a (3) When the penalty imposed is higher than prision
fine, correccional – no subsidiary imprisonment.
(a) the subsidiary imprisonment shall not (4) If the penalty imposed is not to be executed by
exceed six months, confinement, but of fixed duration – subsidiary
penalty shall consist in the same deprivations as

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those of the principal penalty, under the


same rules as in Nos. 1, 2 and 3 above. Principals, Accomplices and Accessories in
(5) In case the financial circumstances of the Consummated, Frustrated and Attempted Felonies.
convict should improve, he shall pay the Art. 46. Penalty to be imposed upon principals in
fine, notwithstanding the fact that the convict general.
suffered subsidiary penalty thereof. The penalty prescribed by law for the
commission of a felony shall be imposed upon
No subsidiary penalty in the following cases: the principals in the commission of such felony.
(1) When the penalty imposed is higher than
prision correccional. (Art. 39 par. 3) Whenever the law prescribes a penalty for a
(2) For failure to pay the reparation of the damage felony is general terms, it shall be understood as
caused, indemnification of the consequential applicable to the consummated felony.
damages, and the costs of the proceedings.
(3) When the penalty imposed is fine and a penalty

CONSUMMATE
FRUSTRATE
ATTEMPTE
not to be executed by confinement in a penal
institution and which has no fixed duration.

How to determine penalty to be imposed

D
D
DIAGRAM OF THE APPLICATION
OF ARTS. 50-57:
General rule: The penalty prescribed by law in
general terms shall be imposed:
(a) Upon the principals
(b) For consummated felony
PRINCIPALS 0 1° 2°
Exception: The exception is when the penalty
to be imposed upon the principal in frustrated or ACCOMPLICES 1° 2° 3°
attempted felony is fixed by law.
ACCESSORIES 2° 3° 4°
Whenever it is believed that the penalty lower by
one or two degrees corresponding to said acts “0” represents the penalty prescribed by law in
of execution is not in proportion to the wrong defining a crime, which is to be imposed on the
done, the law fixes a distinct penalty for the PRINCIPAL in a CONSUMMATED OFFENSE,
principal in frustrated or attempted felony. in accordance with the provisions of Art. 46.

There are two ways to graduate penalties: The other figures represent the degrees to which
(1) By Degrees, which is affected by the the penalty must be lowered, to meet the
following factors: different situations anticipated by law.
(a) Stage of Execution (consummated,
frustrated, or attempted) Exceptions: Arts. 50 to 57 shall not apply to cases
(b) Extent of Participation (principal, where the law expressly prescribes the penalty for
accomplice, or accessory) frustrated or attempted felony, or to be imposed
(c) Privileged mitigating circumstances upon accomplices or accessories. (Art. 60).
(d) Qualifying circumstances
(e) Indeterminate Sentence Law (minimum, Art. 60. Exception to the rules established in
which is within the range of the penalty Articles 50 to 57. The provisions contained in
1°lower than the penalty prescribed by Articles 50 to 57, inclusive, of this Code shall not
the RPC) be applicable to cases in which the law
expressly prescribes the penalty provided for a
(2) By Periods (for divisible penalties, i.e., penalties frustrated or attempted felony, or to be imposed
with minimum, medium, and maximum periods), upon accomplices or accessories.
which is affected by the attendant ordinary
mitigating/aggravating circumstances A DEGREE is one entire penalty, one whole
penalty or one unit of the penalties enumerated
in the graduated scales provided for in Art. 71.

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Each of the penalties of reclusion perpetua, reclusion


temporal, prision mayor, etc., enumerated in the the following rules shall be observed:
graduated scales of Art. 71 is a degree. (1) When the penalty prescribed for the felony is
single and indivisible, the penalty next lower in
When there is a mitigating or aggravating degrees shall be that immediately following that
circumstance, the penalty is lowered or indivisible penalty in the respective graduated
increased by PERIOD only, scale prescribed in Article 71 of this Code.
(2) When the penalty prescribed for the crime is
Except when the penalty is divisible and there
composed of two indivisible penalties, or of
are two or more mitigating and without
one or more divisible penalties to be impose
aggravating circumstances, in which case the
to their full extent, the penalty next lower in
penalty is lowered by degree.
degree shall be that immediately following
the lesser of the penalties prescribed in the
A PERIOD is one of the three equal portions
respective graduated scale.
called the minimum, medium and maximum of a (3) When the penalty prescribed for the crime is
divisible penalty. composed of one or two indivisible penalties and
the maximum period of another divisible penalty,
General rule: An accomplice is punished by a the penalty next lower in degree shall be
penalty one degree lower than the penalty composed of the medium and minimum periods
imposed upon the principal. of the proper divisible penalty and the maximum
periods of the proper divisible penalty and the
Exceptions: maximum period of that immediately following in
(a) The ascendants, guardians, curators, teachers
said respective graduated scale.
and any person who, by abuse of authority or
(4) When the penalty prescribed for the crime is
confidential relationship, shall cooperate as
composed of several periods, corresponding to
accomplices in the crimes of rape, acts of
different divisible penalties, the penalty next
lasciviousness, seduction, corruption of minors,
lower in degree shall be composed of the
white slate trade or abduction. (Art. 346)
period immediately following the minimum
(b) One who furnished the place for the
prescribed and of the two next following, which
perpetration of the crime of slight illegal
shall be taken from the penalty prescribed, if
detention. (Art. 268)
possible; otherwise from the penalty
immediately following in the above mentioned
General Rule: An accessory is punished by a
respective graduated scale.
penalty two degrees lower than the penalty (5) When the law prescribes a penalty for a crime in
imposed upon the principal. some manner not especially provided for in the
four preceding rules, the courts, proceeding by
Exceptions:
analogy, shall impose corresponding penalties
(a) When accessory is punished as principal –
upon those guilty as principals of the frustrated
knowingly concealing certain evil practices is
felony, or of attempt to commit the same, and
ordinarily an act of the accessory, but in Art. 142,
upon accomplices and accessories.
such act is punished as the act of the principal.
(b) When accessories are punished with a
This article provides for the rules to be observed
penalty one degree lower:
in lowering the penalty by one or two degrees:
(1) Knowingly using counterfeited seal or 
forged signature or stamp of the (a) For the principal in frustrated felony one
degree lower;
President (Art. 162). 
(2) Illegal possession and use of a false (b) For the principal in attempted felony two
degrees lower;
treasury or bank note (Art. 168). 
(3) Using falsified document (Art. 173 par.3) (c) For the accomplice in consummated felony
one degree lower; and
(4) Using falsified dispatch (Art. 173 par. 2) 
(d) For the accessory in consummated felony two
degrees lower.
Art. 61. Rules for graduating penalties.
For the purpose of graduating the penalties which, The rules provided for in Art. 61 should also apply
according to the provisions of Articles 50 to 57, in determining the MINIMUM of the indeterminate
inclusive, of this Code, are to be imposed upon penalty under the Indeterminate Sentence Law.
persons guilty as principals of any frustrated or
attempted felony, or as accomplices or accessories,

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The MINIMUM of the indeterminate penalty is (a) Ex. reclusion temporal in its MAXIMUM
within the range of the penalty next lower than period to death
that prescribed by the RPC for the offense. (b) The MEDIUM and MINIMUM period of the
divisible penalty and the MAXIMUM of that
Those rules also apply in lowering the penalty by one immediately following penalty is the penalty
or two degrees by reason of the presence of next lower in degree.
privileged mitigating circumstance (Arts. 68 and 69),
Death
or when the penalty is divisible and there are Penalty for the
Reclusion
two or more mitigating circumstances (generic) principal in
Perpetua
and no aggravating circumstance (Art. 64). consummated murder
Maximum
Reclusion Medium Penalty for
The lower penalty shall be taken from the Temporal Minimum accomplice; or for
graduated scale in Art. 71. principal in frustrated
Maximum
murder
Prision
The INDIVISIBLE PENALTIES are: Medium
Mayor
(1) death Minimum
(2) reclusion perpetua
(3) public censure THIRD RULE (b): When the penalty is
composed of one indivisible penalty and the
The DIVISIBLE PENALTIES are: maximum period of a divisible penalty.
(1) reclusion temporal (a) Ex. Reclusion temporal in its MAXIMUM
(2) prision mayor period to Reclusion perpetua
(3) prision correccional (b) The same rule shall be observed in lowering
(4) arresto mayor the penalty by one or two degrees.
(5) destierro
(6) arresto menor FOURTH RULE: When the penalty is composed
of several periods.
The divisible penalties are divided into three periods: (a) Ex. Prision Mayor in its MEDIUM period to
MINIMUM, MEDIUM AND THE MAXIMUM. Reclusion temporal in its MINIMUM period.
(b) This rule contemplates a penalty composed
FIRST RULE: When the penalty is single and of at least 3 periods.
indivisible. (c) The several periods must correspond to
(a) Ex. reclusion perpetua different divisible penalties.
(b) The penalty immediately following it is
reclusion temporal. Maximum
Reclusion
(c) Thus, reclusion temporal is the penalty next Medium
temporal
lower in degree. Minimum Penalty for the principal
Maximum in the consummated
Prision
SECOND RULE (a): When the penalty is Medium felony
Mayor
composed of two indivisible penalties Minimum Penalty for the
(a) Ex. reclusion perpetua to death Maximum accomplice; or principal
(b) The penalty immediately following the lesser Prision
Medium in frustrated felony
of the penalties, which is reclusion perpetua, Correccional
Minimum
is reclusion temporal.
FIFTH RULE (a): When the penalty has two
SECOND RULE (b): When the penalty is periods Ex. Prision correccional in its MINIMUM
composed of one or more divisible penalties to and MEDIUM periods
be imposed to their full extent
(a) Ex. prision correccional to prision mayor Maximum
(b) The penalty immediately following the lesser Prision
Medium The penalty prescribed
of the penalties of prision correccional to correccional
Minimum for the felony
prision mayor is arresto mayor.
Maximum
Arresto Mayor Medium The penalty next lower
THIRD RULE (a): When the penalty is
composed of two indivisible penalties and the Minimum
maximum period of a divisible penalty

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FIFTH RULE (b): When the penalty has one period.


knowledge of them at the time of the execution
(a) Ex. Prision Mayor in its MAXIMUM period of the act or their cooperation therein.
(b) If the penalty is any one of the three periods
(5) Habitual delinquency shall have the following
of a divisible penalty, the penalty next lower
effects:
in degree shall be that period next following
(a) Upon a third conviction the culprit shall be
the given penalty.
sentenced to the penalty provided by law
(c) The penalty immediately inferior is prision
for the last crime of which he be found
mayor in its MEDIUM period.
guilty and to the additional penalty of
prision correccional in its medium and
SIMPLIFIED RULES: maximum periods;
(b) Upon a fourth conviction, the culprit shall be
The rules prescribed in pars. 4 and 5 of Art. 61 sentenced to the penalty provided for the
may be simplified as follows: last crime of which he be found guilty and to
(1) If the penalty prescribed by the Code the additional penalty of prision mayor in its
consists in 3 periods, corresponding to minimum and medium periods; and
different divisible penalties, the penalty next (c) Upon a fifth or additional conviction, the
lower in degree is the penalty consisting in culprit shall be sentenced to the penalty
the 3 periods down in the scale. provided for the last crime of which he be
(2) If the penalty prescribed by the Code found guilty and to the additional penalty
consists in 2 periods, the penalty next lower of prision mayor in its maximum period to
in degree is the penalty consisting in 2 reclusion temporal in its minimum period
periods down in the scale. (6) Notwithstanding the provisions of this article,
(3) If the penalty prescribed by the Code consists the total of the two penalties to be imposed
in only 1 period, the penalty next lower in upon the offender, in conformity herewith,
degree is the next period down in the scale. shall in no case exceed 30 years.
(7) For the purpose of this article, a person shall
EFFECTS OF MITIGATING AND be deemed to be habitual delinquent, is
AGGRAVATING CIRCUMSTANCES within a period of ten years from the date of
his release or last conviction of the crimes of
Art. 62.Effect of the attendance of mitigating or
serious or less serious physical injuries, robo,
aggravating circumstances and of habitual
hurto, estafa or falsification, he is found guilty
delinquency.
of any of said crimes a third time or oftener.
Mitigating or aggravating circumstances and
habitual delinquency shall be taken into account
for the purpose of diminishing or increasing the What are the effects of the attendance of
mitigating or aggravating circumstances?
penalty in conformity with the following rules:
(1) Aggravating circumstances which in themselves
(1) Aggravating circumstances which are not
constitute a crime specially punishable by law
considered for the purpose of increasing the
or which are included by the law in defining a
penalty:
crime and prescribing the penalty therefor shall
(a) Those that constitute a separate crime
not be taken into account for the purpose of
punishable by law.
increasing the penalty.
(b) Those that are inherent in the crime
committed:
(2) The same rule shall apply with respect to any
aggravating circumstance inherent in the crime
(i) Included by law in defining the crime
(ii) Inherent in the crime but of necessity
to such a degree that it must of necessity
they accompany the commission thereof
accompany the commission thereof.
(3) Aggravating or mitigating circumstances which
(2) Aggravating or mitigating circumstances that
arise from the moral attributes of the offender,
serve to aggravate or mitigate the liability of
or from his private relations with the offended
the offender to whom such are attendant.
Those arising from:
party, or from any other personal cause, shall
(a) Moral attributes of the offender
only serve to aggravate or mitigate the liability
(b) His private relations with the offended party
of the principals, accomplices and accessories
(c) Any other personal cause
as to whom such circumstances are attendant.
(4) The circumstances which consist in the material
(3) Aggravating or mitigating circumstances that
execution of the act, or in the means employed to
affect the offenders only who had knowledge
of them at the time of the execution of the act
accomplish it, shall serve to aggravate or mitigate
or their cooperation therein.
the liability of those persons only who had

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What are the legal effects of habitual Art. 63. Rules for the application of indivisible
delinquency? Third conviction. The culprit is penalties.
sentenced to the penalty for the crime committed
(1) In all cases in which the law prescribes a
and to the additional penalty of prision correccional
single indivisible penalty,
in its medium and maximum period. (2) it shall be applied by the courts regardless of any
mitigating or aggravating circumstances that may
Fourth conviction. The penalty is that provided by
have attended the commission of the deed.
law for the last crime and the additional penalty of
(3) In all cases in which the law prescribes a
prision mayor in its minimum and medium periods.
penalty composed of two indivisible penalties,
(4) the following rules shall be observed in the
Fifth or additional conviction. The penalty is that
application thereof:
provided by law for the last crime and the
(a) When in the commission of the deed there is
additional penalty of prision mayor in its maximum
present only one aggravating circumstance,
period to reclusion temporal in its minimum period.
the greater penalty shall be applied.
(b) When there are neither mitigating nor
Note:
aggravating circumstances and there is no
(a) In no case shall the total of the 2 penalties aggravating circumstance, the lesser
imposed upon the offender exceed 30 years. penalty shall be applied.
(b) The law does not apply to crimes described (c) When the commission of the act is attended
in Art. 155. by some mitigating circumstances and there
(c) The imposition of the additional penalty on is no aggravating circumstance, the lesser
habitual delinquents are CONSTITUTIONAL penalty shall be applied.
because such law is neither an EX POST (d) When both mitigating and aggravating
FACTO LAW nor an additional punishment circumstances attended the commission of the
for future crimes. act, the court shall reasonably allow them to
(d) It is simply a punishment on future crimes on offset one another in consideration of their
account of the criminal propensities of the number and importance, for the purpose of
accused. applying the penalty in accordance with the
(e) The imposition of such additional penalties is
preceding rules, according to the result of such
mandatory and is not discretionary.
compensation.
(f) Habitual delinquency applies at any stage of the
execution because subjectively, the offender
Rules for the application of indivisible penalties:
reveals the same degree of depravity or perversity
(a) Penalty is single and indivisible
as the one who commits a consummated crime.
(1) The penalty shall be applied regardless
(g) It applies to all participants because it reveals
of the presence of mitigating or
persistence in them of the inclination to
aggravating circumstances.
wrongdoing and of the perversity of character
(2) Ex. reclusion perpetua or death
that led them to commit the previous crime. (b) Penalty is composed of 2 indivisible penalties:
(1) One aggravating circumstance present:
Cases where attending aggravating or
HIGHER penalty
mitigating circumstances are not considered
(2) No mitigating circumstances present:
in the imposition of penalties
LESSER penalty
(1) Penalty that is single and indivisible
(3) Some mitigating circumstances present
(2) Felonies through negligence
and no aggravating: LESSER penalty
(3) When the penalty is a fine
(4) Mitigating and aggravating
(4) When the penalty is prescribed by a special law.
circumstances offset each other

Basis of penalty: number and importance.

People v. Formigones (1950):The penalty applicable


for parricide under Art. 246 of the RPC is composed
only of 2 indivisible penalties, reclusion perpetua to
death. Although the commission of the act is attended
by some mitigating circumstance without any
aggravating circumstance to offset them, Art. 63 of
the RPC should be applied. The said article

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provides that when the commission of the act is exceed the penalty provided by law in its
attended by some mitigating circumstance and maximum period): MAXIMUM PERIOD
there is no aggravating circumstance, the lesser (4) Mitigating and aggravating
penalty shall be applied. circumstances present:
to offset each other according to relative weight

Art. 64. Rules for the application of penalties (5) 2 or more mitigating and no aggravating:
which contain three periods. one degree lower (has the effect of a
(1) In cases in which the penalties prescribed by privileged mitigating circumstance)
law contain three periods,
(2) whether it be a single divisible penalty or NOTE: Art. 64 does not apply to:
composed of three different penalties, (1) indivisible penalties
(3) each one of which forms a period in accordance (2) penalties prescribed by special laws
with the provisions of Articles 76 and 77, (3) fines
(4) the court shall observe for the application of (4) crimes committed by negligence
the penalty the following rules, according to
whether there are or are not mitigating or
aggravating circumstances: Art. 67. Penalty to be imposed when not all the
(a) When there are neither aggravating nor requisites of exemption of the fourth
mitigating circumstances, they shall circumstance of Article 12 are present.
impose the penalty prescribed by law in its When all the conditions required in circumstances
medium period. Number 4 of Article 12 of this Code to exempt from
(b) When only a mitigating circumstances is criminal liability are not present,
present in the commission of the act, they
shall impose the penalty in its minimum the penalty of arresto mayor in its maximum
period. period to prision correccional in its minimum
(c) When an aggravating circumstance is present period shall be imposed upon the culprit if he
in the commission of the act, they shall impose shall have been guilty of a grave felony,
the penalty in its maximum period.
(d) When both mitigating and aggravating and arresto mayor in its minimum and medium
circumstances are present, the court shall periods, if of a less grave felony.
reasonably offset those of one class against
the other according to their relative weight. Penalty to be imposed if the requisites of
(e) When there are two or more mitigating accident (Art. 12 par 4) are not all present:
circumstances and no aggravating (a) GRAVE FELONY: arresto mayor maximum
circumstances are present, the court shall period to prision correccional minimum period
impose the penalty next lower to that (b) LESS GRAVE FELONY: arresto mayor
prescribed by law, in the period that it may minimum period and medium period
deem applicable, according to the number
and nature of such circumstances. Art. 69. Penalty to be imposed when the crime
(f) Whatever may be the number and nature of committed is not wholly excusable. A penalty lower by
the aggravating circumstances, the courts one or two degrees than that prescribed by law shall
shall not impose a greater penalty than that be imposed if the deed is not wholly excusable by
prescribed by law, in its maximum period. reason of the lack of some of the conditions required
(g) Within the limits of each period, the court to justify the same or to exempt from criminal liability
shall determine the extent of the penalty in the several cases mentioned in Article 11 and 12,
according to the number and nature of the provided that the majority of such conditions be
aggravating and mitigating circumstances present. The courts shall impose the penalty in the
and the greater and lesser extent of the period which may be deemed proper, in view of the
evil produced by the crime. number and nature of the conditions of exemption
present or lacking.
Rules for the application of DIVISIBLE PENALTIES
(1) No aggravating and No mitigating: Penalty to be imposed when the crime
MEDIUM PERIOD committed is not wholly excusable:
(2) One mitigating: MINIMUM PERIOD (a) One or two degrees lower
(3) One aggravating: (but regardless of the number
of aggravating circumstances, the courts cannot

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(b) if the majority of the conditions for justification pregnant wife, Feliber, his 2yr old son, Kenneth,
or exemption in the cases provided in Arts. his nephew Kevin and his sister-in-law.
11 and 12 are present.
At an intersection, their two vehicles almost
People v. Lacanilao (1988): Incomplete fulfillment collided. Gonzales continued driving while Andres
of duty is a privileged mitigating circumstance tailed Gonzales’ vehicle and cut him off when he
which not only cannot be offset by aggravating found the opportunity to do so, then got out of his
circumstances but also reduces the penalty by one vehicle and knocked on the appellant's car window.
or two degrees than that prescribed b law. The
governing provision is Art. 69 of the RPC. Heated exchange of remarks followed. On his way
back to his vehicle, he met Gonzales son, Dino.
Special rules for certain situations Andres had a shouting match this time with Dino.

Complex Crimes Gonzales then alighted from his car and fired a
Art. 48. Penalty for complex crimes. — When a
single shot at the last window on the left side of
Andres' vehicle at an angle away from Andres.
single act constitutes two or more grave or less
grave felonies, or when an offense is a necessary
means for committing the other, the penalty for the
The single bullet fired hit Kenneth, Kevin and
Feliber which caused the latter’s death.
most serious crime shall be imposed, the same to
be applied in its maximum period.
Held: The rules on the imposition of penalties for
The rule for complex crimes is to impose the penalty
complex crimes under Art. 48 of the Revised
Penal Code are not applicable in this case.
for the most serious offense in its MAXIMUM period.
Art. 48 applies if a single act constitutes two or more
Monteverde v. People (2002): Monteverde was grave and less grave felonies or when an offense is a
purportedly charged with the complex crime of necessary means of committing another; in such a
estafa through falsification of a commercial case, the penalty for the most serious offense shall be
document for allegedly falsifying the document imposed in its maximum period.
she had submitted to show that the money
donated by PAGCOR was used and spent for Considering that the offenses committed by the
lighting materials for her barangay. act of the appellant of firing a single shot are:
Held: one count of homicide, a grave felony, and two
Under Article 48 of the Revised Penal Code, a counts of slight physical injuries, a light felony,
complex crime refers to: the rules on the imposition of penalties for
(1) the commission of at least two grave or less complex crimes, which requires two or more
grave felonies that must both (or all) be the grave and/or less grave felonies, will not apply.
result of a single act, or
(2) one offense must be a necessary means for
People v. Comadre (2004): The underlying
committing the other (or others).
philosophy of complex crimes in the Revised Penal
Code, which follows the pro reo principle, is
Using the above guidelines, the acts cannot
intended to favor the accused by imposing a single
constitute a complex crime.
penalty irrespective of the crimes committed.
Specifically, the alleged actions showing
The rationale being, that the accused who
falsification of a public and/or a commercial
commits two crimes with single criminal impulse
document were not necessary to commit estafa.
demonstrates lesser perversity than when the
Neither were the two crimes the result of a single act.
crimes are committed by different acts and
several criminal resolutions.

People v. Gonzalez: Both of the families of The single act by appellant of detonating a hand
Andres and that of Gonzalez were on their way grenade may quantitatively constitute a cluster of
to the exit of the Loyola Memorial Park. several separate and distinct offenses, yet these
component criminal offenses should be considered
Gonzales was driving with his grandson and 3 only as a single crime in law on which a single
housemaids, while Andres was driving with his penalty is imposed because the offender was

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impelled by a “single criminal impulse” which


shows his lesser degree of perversity. Crimes Different from That Intended
Art. 49. Penalty to be imposed upon the principals
when the crime committed is different from that
People v. Delos Santos (2001): Considering that the
intended. — In cases in which the felony committed is
incident was not a product of a malicious intent but
different from that which the offender intended to
rather the result of a single act of reckless driving,
commit, the following rules shall be observed:
Glenn should be held guilty of the complex crime
(1) If the penalty prescribed for the felony committed
of reckless imprudence resulting in multiple
be higher than that corresponding to the offense
homicide with serious physical injuries and less
which the accused intended to commit, the penalty
serious physical injuries.
corresponding to the latter shall be imposed in its
maximum period.
The slight physical injuries caused by Glenn to
the ten other victims through reckless
(2) If the penalty prescribed for the felony committed
imprudence, would, had they been intentional,
be lower than that corresponding to the one which the
have constituted light felonies.
accused intended to commit, the penalty for the
former shall be imposed in its maximum period.
Being light felonies, which are not covered by
Article 48, they should be treated and punished
(3) The rule established by the next preceding
as separate offenses.
paragraph shall not be applicable if the acts
committed by the guilty person shall also constitute
Separate informations should have, therefore,
an attempt or frustration of another crime, if the law
been filed.
prescribes a higher penalty for either of the latter
offenses, in which case the penalty provided for the
People v. Velasquez (2000):Velasquez, poked a attempted or the frustrated crime shall be imposed
toy gun and forced Karen to go with her at his in its maximum period.
grandmother’s house.
Either the crime committed be more grave than
Out of fear and not knowing that the gun that the crime intended or the crime intended be
Velasquez was holding is a mere toy, Karen more grave than the crime committed, the
went with Velasquez. penalty to be imposed should be the penalty for
the lesser felony in its MAXIMUM period.
Velasquez then raped Karen twice.
Except: if the lesser felony constitutes an
The trial court convicted Velasquez of two attempt or frustration of another felony.
counts of rape.
Example: If the crime intended was homicide,
Held: Considering that Velasquez forcibly but the crime committed was parricide, the
abducted Karen and then raped her twice, he penalty to be imposed is the penalty for
should be convicted of the complex crime of homicide in its MAXIMUM period.
forcible abduction with rape and simple rape.
Impossible Crimes
The penalty for complex crimes is the penalty for Art. 59. Penalty to be imposed in case of failure to
the most serious crime which shall be imposed commit the crime because the means employed or
in its maximum period. the aims sought are impossible. — When the person
intending to commit an offense has already performed
Rape is the more serious of the two crimes and the acts for the execution of the same but
is punishable with reclusion perpetua under nevertheless the crime was not produced by reason
Article 266-A of the Revised Penal Code and of the fact that the act intended was by its nature one
since reclusion perpetua is a single indivisible of impossible accomplishment or because the means
penalty, it shall be imposed as it is. employed by such person are essentially inadequate
to produce the result desired by him, the court, having
The subsequent rape committed by Velasquez can no
in mind the social danger and the degree of criminality
longer be considered as a separate complex crime of
shown by the offender, shall
forcible abduction with rape but only as a separate act
of rape punishable by reclusion perpetua.

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impose upon him the penalty of arresto mayor or (1) If after hearing the evidence in the proper
a fine from 200 to 500 pesos. proceedings, the court should find that the
youthful offender has committed the acts
Depending upon the social danger and the charged against him
degree of criminality shown by the offender, the (2) the court shall determine the imposable
penalty for impossible crimes is arresto mayor or penalty, including any civil liability
fine of P200-P500. chargeable against him.
(3) However, instead of pronouncing judgment of
Plural Crimes (supra) conviction, the court shall suspend all further
proceedings and shall commit such minor to
Additional Penalty for Certain Accessories the custody or care of the Department of
Art. 58.Additional penalty to be imposed upon Social Welfare, or to any training institution
certain accessories. (4) until he shall have reached twenty-one years
Those accessories falling within the terms of of age or, for a shorter period as the court
paragraphs 3 of Article 19 of this Code may deem proper,
(5) after considering the reports and
who should act with abuse of their public functions, recommendations of the Department of Social
Welfare or the agency or responsible individual
shall suffer the additional penalty of under whose care he has been committed.
(a) absolute perpetual disqualification if the
principal offender shall be guilty of a grave The youthful offender shall be subject to
felony, and that visitation and supervision
(b) of absolute temporary disqualification if he
shall be guilty of a less grave felony. by a representative of the Department of Social
Welfare or any duly licensed agency or such
Absolute perpetual disqualification if the other officer as the court may designate subject
principal offender is guilty of a grave felony. to such conditions as it may prescribe.

Absolute temporary disqualification if the (a) Art. 68 applies to such minor if his application for
principal offender is guilty of a less grave felony. suspension of sentence is disapproved or if while
in the reformatory institution he becomes
Where the Offender Is Below 18 Years incorrigible in which case he shall be returned to
the court for the imposition of the proper penalty.
Art. 68. Penalty to be imposed upon a person
(b) 9 to 15 years only with discernment: at least
under eighteen years of age.
2 degrees lower.
When the offender is a minor under eighteen years
(c) 15 to 18 years old: penalty next lower
(d) Except if the act is attended by two or more
and his case is one coming under the provisions
mitigating and no aggravating circumstance,
of the paragraphs next to the last of Article 80 of
the penalty being divisible, a minor over 15
this Code,
but under 18 years old may still get a penalty
two degrees lower.
the following rules shall be observed:
(e) Art. 68 provides for two of the PRIVILEGED
MITIGATING CIRCUMSTANCES
(1) Upon a person under fifteen but over nine
years of age, who is not exempted from liability
EXECUTION AND SERVICE
by reason of the court having declared that he
EXECUTION OF PENALTIES
acted with discernment, a discretionary penalty
shall be imposed, but always lower by two Art. 78. When and how a penalty is to be executed.
degrees at least than that prescribed by law for No penalty shall be executed except by virtue of
the crime which he committed. a final judgment.
(2) Upon a person over fifteen and under
eighteen years of age the penalty next lower A penalty shall not be executed in any other
than that prescribed by law shall be form than that prescribed by law, nor with any
imposed, but always in the proper period. other circumstances or incidents than those
expressly authorized thereby.
PD No. 603. ART. 192. Suspension of Sentence In addition to the provisions of the law, the special
and Commitment of Youthful Offender.

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regulations prescribed for the government of the (b) When a person fails to give bond for good
institutions in which the penalties are to be behavior (art. 284);
suffered shall be observed with regard to (c) As a penalty for the concubine in the crime of
concubinage (Art. 334);
(a) the character of the work to be performed,
(d) When after lowering the penalty by degrees,
(b) the time of its performance, and other
destierro is the proper penalty.
incidents connected therewith,
(c) the relations of the convicts among
themselves and other persons, Art. 88. Arresto menor. The penalty of arresto
(d) the relief which they may receive, and menor shall be served in the municipal jail, or in
(e) their diet. the house of the defendant himself under the
surveillance of an officer of the law,
The regulations shall make provision for the when the court so provides in its decision, taking
separation of the sexes in different institutions, into consideration the health of the offender and
or at least into different departments and also for other reasons which may seem satisfactory to it.
the correction and reform of the convicts.
Service of the penalty of arresto menor:
(a) The judgment must be final before it can be (a) In the municipal jail
executed, because the accused may still (b) In the house of the offender, but under the
appeal within 15 days from its promulgation. surveillance of an officer of the law For health or
(b) But if the defendant has expressly waived in other good reasons as determined by the court.
writing his right to appeal, the judgment
becomes final and executory. In the Matter of the petition for Habeas Corpus of
Pete Lagran (2001): The accused was convicted of
See Rules and Regulations to implement RA No. 3 counts of violating BP22 and was sentenced to
8177 under Capital Punishment. imprisonment of 1 year for each count.

Art. 86. Reclusion perpetua, reclusion temporal, He was detained on Feb. 24, 1999.
prision mayor, prision correccional and arresto
mayor. The penalties of reclusion perpetua, On Mar. 19, 2001, he filed a petition for habeas
reclusion temporal, prision mayor, prision corpus claiming he completed the service of his
correccional and arresto mayor, shall be executed sentence.
and served in the places and penal establishments
provided by the Administrative Code in force or Citing Art. 70, RPC, he claimed that he shall
which may be provided by law in the future. serve the penalties simultaneously.

Thus, there is no more legal basis for his detention.


Art. 87. Destierro. Any person sentenced to
destierro shall not be permitted to enter the
Held: Art. 70 allows simultaneous service of two
place or places designated in the sentence, nor
or more penalties only if the nature of the
within the radius therein specified, which shall
penalties so permit.
be not more than 250 and not less than 25
kilometers from the place designated.
In the case at bar, the petitioner was sentenced
to suffer one year imprisonment for every count
Convict shall not be permitted to enter the place of the offense committed.
designated in the sentence nor within the radius
specified,
The nature of the sentence does not allow
petitioner to serve all the terms simultaneously.
which shall not more than 250 and not less than
25 km from the place designated. The rule of successive service of sentence must
be applied.
If the convict enters the prohibited area, he
commits evasion of sentence.
PROBATION LAW (PD 968, AS AMENDED)
Definition of terms (Sec. 3)
Destierro is imposed: Probation – a disposition under which a defendant,
(a) When the death or serious physical injuries is
after conviction and sentence, is released subject to
caused or are inflicted under exceptional
circumstances (art. 247);

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conditions imposed by the court and to the conviction.


supervision of a probation officer.
Petitioner’s right to apply for probation was lost
Probationer – a person placed on probation when he perfected his appeal from the judgment
of the trial court.
Probation officer – one who investigates for the
court a referral for probation or supervises a The trial court lost jurisdiction already over the case.
probationer or both.

Purpose (Sec. 2) Salgado v. CA (1990): There is no question that


(1) Promote the correction and rehabilitation of the decision convicting Salgado of the crime of
an offender by providing him with serious physical injuries had become final and
individualized treatment. executory because the filing by respondent of an
(2) Provide an opportunity for the reformation of a application for probation is deemed a waiver of
penitent offender which might be less probable his right to appeal.
if he were to serve a prison sentence.
(3) Prevent the commission of offenses. The grant of probation does not extinguish the
civil liability of the offender.
Grant of probation, manner and conditions (Sec. 4)
The order of probation with one of the conditions
GRANT OF PROBATION providing for the manner of payment of the civil
Subject to the provisions of this Decree, the trial liability during the period of probation did not
court may, after it shall have convicted and increase or decrease the civil liability adjudged.
sentenced a defendant and upon application by
said defendant within the period for perfecting The conditions listed under Sec. 10 of the
an appeal, suspend the execution of the Probation law are not exclusive.
sentence and place the defendant on probation
for such period and upon such terms and Courts are allowed to impose practically any term it
conditions as it may deem best: Provided, That chooses, the only limitation being that it does not
no application for probation shall be entertained jeopardize the constitutional rights of the accused.
or granted if the defendant has perfected the
appeal from the judgment of conviction. Office of the Court Administrator v. Librado (1996):
While indeed the purpose of the Probation Law is
Probation may be granted whether the sentence to save valuable human material, it must not be
imposes a term of imprisonment or a fine only. forgotten that unlike pardon probation does not
An application for probation shall be filed with obliterate the crime of which the person under
the trial court. The filing of the application shall probation has been convicted.
be deemed a waiver of the right to appeal.
The image of the judiciary is tarnished by
An order granting or denying probation shall not conduct involving moral turpitude.
be appealable.
The reform and rehabilitation of the probationer
The provisions of Sec. 4 of PD 968, as above cannot justify his retention in the government
amended, shall not apply to those who have already service.
filed their respective applications for probation at the
time of the effectivity of this Decree. Conditions of probation (Sec. 10)
Every probation order issued by the court shall
Llamado v. CA (1989): In its present form, Section 4 contain conditions requiring that the probationer
of the Probation Law establishes a much narrower shall:
period during which an application for probation may (a) Present himself to the probation officer
be filed with the trial court: “after the trial curt shall designated to undertake his supervision at
have convicted and sentenced a defendant and – such place as may be specified in the order
within the period for perfecting an appeal”. within 72 hours from receipt of the order;
(b) Report to the probation officer at least once
The provision expressly prohibits the grant of an a month at such time and place as specified
application for probation if the defendant has by said officer.
perfected an appeal from the judgment of

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The court may also require the probationer to: Offenders who are disqualified are those:
(a) Cooperate with a program of supervision; (a) Sentenced to serve a maximum term of
(b) Meet his family responsibilities; imprisonment of more than six years;
(c) Devote himself to a specific employment and (b) Convicted of subversion or any offense against
not to change said employment without the the security of the State, or the Public Order;
prior written approval of the probation officer; (c) Who have previously been convicted by final
(d) Undergo medical, psychological or judgment of an offense punished by
psychiatric examination and treatment and imprisonment of not less than one month
enter and remain in a specified institution, and one day and/or a fine of not more than
when required for that purpose; Two Hundred Pesos;
(e) Pursue a prescribed secular study or (d) Who have been once on probation under the
vocational training; provisions of this Decree; and
(f) Attend or reside in a facility established for (e) Who are already serving sentence at the time
instruction, recreation or residence of the substantive provisions of PD 968 became
persons on probation; applicable pursuant to Sec. 33 hereof
(g) Refrain from visiting houses of ill-repute; (Effectivity clause: PD 968’s substantive
(h) Abstain from drinking intoxicating beverages provisions took effect on 3 January 1978)
to excess;
(i) Permit the probation officer or an authorized Period of probation (Sec. 14)
social worker to visit his home and place of work; (a) The period of probation of a defendant
(j) Reside at premises approved by it and not sentenced to a term of imprisonment of not
to change his residence without its prior more than one year shall not exceed 2
written approval; or years, and in all other cases, said period
(k) Satisfy any other condition related to the shall not exceed 6 years.
rehabilitation of the defendant and not unduly (b) When the sentence imposes a fine only and
restrictive of his liberty or incompatible with his the offender is made to serve subsidiary
freedom of conscience. imprisonment in case of insolvency, the
period of probation shall not be less than nor
Criteria of placing an offender on probation be more than twice the total number of days
(Sec. 8) In considering whether an offender may of subsidiary imprisonment as computed at
be placed pn probation, the court shall consider the rate established in Art. 39 of the RPC, as
all information relative to the: amended. [Sec. 14]
(1) character,
(2) antecedents, Question: When is the period for filing of probation?
(3) environment, Answer: Filing period is within the period for
(4) mental, and perfecting an appeal.
(5) physical condition of the offender
(6) available institutional and community resources Question: Where do you file your probation
application?
Probation shall be denied if the court finds that: Answer: Trial Court
(1) The offender is in need of correctional
treatment that can be provided most effectively Question: Does the law allow the
by his commitment to an institution; or simultaneous filing of probation and appeal?
(2) There is undue risk that during the period of Answer: No. It’s either you file for probation or you
probation the offender will commit another file for appeal. Only one choice, if you choose one
crime; or then you are barred from using the other.
(3) Probation will depreciate the seriousness of
the offense committed. Question: When shall probation be denied?
Answer: Probation shall be denied when:
Disqualified offenders (1) the offender is in need of correctional
Probation under PD No. 968, as amended, is treatment that can be provided most effectively
intended for offenders who are 18 years of age by his commitment to an institution.
and above, and who are not otherwise (2) there is undue risk that during the probation,
disqualified by law. the offender will commit another crime.
(3) probation will deprecate the seriousness of
the offense committed.

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Question: What if the offender violates the hearing. If the violation is established, the court
conditions of his probation? may revoke or continue his probation and modify
Answer: S/He shall serve the penalty imposed for the the conditions thereof. If revoked, the court shall
offense under which s/he was placed on probation. order the probationer to serve the sentence
originally imposed. An order revoking the grant
Question: How long may a convict be placed of probation or modifying the terms and
on probation? conditions thereof shall not be appealable.
Answer:
(1) if the convict is sentence to imprisonment of SUSPENSION IN CASE OF INSANITY OR MINORITY
not more than one year, probation shall not Suspension of the execution and service of
exceed two years the penalties in case of insanity. (Sec. 79)
(2) if s/he sentenced to more than one year, When a convict shall become insane or an imbecile
probation shall not exceed six years. after final sentence has been pronounced, the
(3) if the sentence is only a fine (offender in this case execution of said sentence shall be suspended only
is made to suffer subsidiary imprisonment), with regard to the personal penalty, the provisions of
probation Shall be not less than nor more than the second paragraph of circumstance number 1 of
twice the total days of subsidiary imprisonment. Article 12 being observed in the corresponding cases.

Question: Does the probation law apply to If at any time the convict shall recover his
Drug Traffickers and Pushers? reason, his sentence shall be executed, unless
Answer: NO the penalty shall have prescribed in accordance
with the provisions of this Code.
Section 24 of RA 9165 (The Comprehensive
Dangerous Drugs Act) states that: The respective provisions of this section shall
also be observed if the insanity or imbecility
Non-Applicability of the Probation Law for Drug occurs while the convict is serving his sentence.
Traffickers and Pushers. – Any person convicted for
drug trafficking or pushing under this Act, regardless Only execution of personal penalty is
of the penalty imposed by the Court, cannot avail of suspended: civil liability may be executed
the privilege granted by the Probation Law or even in case of insanity of convict.
Presidential Decree No. 968, as amended.
An accused may become insane:
Lagrosa vs. People (2003):A person who (1) at the time of commission of the crime
appeals his conviction for purposes of reducing exempt from criminal liability
the penalty to that which is within the (2) at the time of the trial
probationable limit may still apply for probation. court shall suspend hearings and order
his confinement in a hospital until he
recovers his reason
Arrest of probationer (Sec. 15)
(3) at the time of final judgment or while serving
At any time during probation, the court may issue a
sentence
warrant for the arrest of a probationer for any
execution suspended with regard to the
serious violation of the conditions of probation. The
personal penalty only
probationer, once arrested and detained, shall
immediately be brought before the court for a
Minority
hearing of the violation charged. The defendant
Please refer to succeeding subsection on RA
may be admitted to bail pending such hearing. In
9344 and PD 603
such case, the provisions regarding release on bail
of persons charged with a crime shall be applicable
to probationers arrested under this provision.
In the hearing, which shall be summary in nature, the
Termination of probation; exception (Sec. 16)
After the period of probation and upon consideration
probationer shall have the right to be informed of the
of the report and recommendation of the probation
violation charged and to adduce evidence in his favor.
officer, the court may order the final discharge of the
The court shall not be bound by the technical rules of
probationer upon finding that he has fulfilled the terms
evidence but may inform itself of all the facts which
and conditions of his probation and thereupon, the
are material and relevant to ascertain the veracity of
case is deemed terminated.
the charge. The State shall be represented by a
prosecuting officer in any contested

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The final discharge of the probationer shall operate UNLESS the child acted with discernment,
to restore to him all civil rights lost or suspended as in which case, such child shall be subjected
a result of his conviction and to fully discharge his to the appropriate proceedings in
liability for any fine imposed as to the offense for accordance with RA 9344
which probation was granted.
Exemption from criminal liability herein established
The probationer and the probation officer shall does not include exemption from civil liability, which
each be furnished with a copy of such order. shall be enforced in accordance with existing laws.
(Sec. 6, RA 9344)
The expiration of the probation period alone does
not automatically terminate probation. Probation is RA 9344 COMPARED TO PD 603
not coterminous with its period. There must first be (1) Minimum age of criminal responsibility
issued by the court, an order of final discharge
based on the report and recommendation of the PD 603
probation officer. Only from such issuance can the Sec. 189.EXEMPT from criminal liability:
case of the probationer be deemed terminated. (a) Child 9 years of age or under at time of
[Bala v. Martinez] commission of offense
(b) 9 ≤ Age of child at time of commission of offense ≤
THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 15 (UNLESS s/he acted with discernment
2002 (RA 9165)
RA 9344
Exception: Child under 15 years of age shall be exempt
Non-applicability of the Probation Law for drug from criminal liability, regardless of whether or
traffickers and pushers – Any person convicted for not s/he acted with discernment
drug trafficking or pushing under this Act, regardless
of the penalty imposed by the Court, cannot avail of (2) Discernment
the privilege granted by the Probation Law or PD 968,
as amended. [Sec. 24, RA 9344] PD 603 (Secs. 189 & 192)
Child over 9 years and under 15 years of age
JUVENILE JUSTICE AND WELFARE ACT OF 2006 (RA who acted w/ discernment – court shall
9344); CHILD AND YOUTH WELFARE CODE (PD 603, determine imposable penalty, including any civil
AS AMENDED) liability chargeable against him.

See also discussion of RA 9344 under However, instead of pronouncing judgment of


Exempting Circumstances conviction, the court, upon application of the
youthful offender and if it finds that the best interest
Definition of child in conflict with the law (Sec. 4) of the public as well as that of the offender will be
served thereby, may suspend all further
Child in conflict with the law – a child who is proceedings and shall commit such minor to the
alleged as, accused of, or adjudged as, having custody or care of the DSWD or to any training
committed an offense under Philippine laws institution operated by the government, or duly
licensed agencies or any other responsible person,
Child – a person under 18 years until he shall have reached 21 years of age or, for
a shorter period as the court may deem proper.
Exemption from criminal liability
RA 9344
(1) Child 15 years of age or under at the time of Child above 15 years but below 18 years of age who
the commission of the offense = EXEMPT acted with discernment shall be subjected to the
from criminal liability appropriate proceedings in accordance with the Act.
However, the child shall be subjected to an
intervention program (per Sec. 20 of RA 9344) (3) Suspension of sentence

(2) Child above 15 years but below 18 years of PD 603 (Sec. 193)
age (15 ≤ Age of child at time of commission of No automatic suspension of sentence.
offense ≤ 18) = EXEMPT from criminal liability
and subjected to intervention program The youthful offender should apply for a suspended
sentence and it is discretionary on the court to

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approve the application. The order of the court Community-based Programs on Juvenile
denying an application for suspension of Justice and Welfare
sentence shall not be appealable. Community-based programs on juvenile justice and
welfare shall be instituted by the LGUs through the
RA 9344 LCPC, school, youth organizations and other
Suspension of sentence is automatic concerned agencies. The LGUs shall provide
community-based services which respond to the
Juvenile justice and welfare system special needs, problems, interests and concerns of
children and which offer appropriate counselling
Juvenile Justice and Welfare System – refers to and guidance to them and their families. These
a system dealing with children at risk and children programs shall consist of three levels:
in conflict with the law, which provides child-
appropriate proceedings, including programs and (a) Primary intervention includes general measures to
services for prevention, diversion, rehabilitation, re- promote social justice and equal opportunity,
integration and aftercare to ensure their normal which tackle perceived root causes of offending;
growth and development. [Sec. 4(m), RA 9344] (b) Secondary intervention includes measures
to assist children at risk; and
Diversion – refers to an alternative, child-appropriate (c) Tertiary intervention includes measures to
process of determining the responsibility and avoid unnecessary contact with the formal
treatment of a child in conflict with the law on the justice system and other measures to
basis of his/her social, cultural, economic, prevent re-offending. [Sec. 19, RA 9344]
psychological, or educational background without
resulting to formal court proceedings. System of Diversion
Children in conflict with the law shall undergo
Diversion Program – refers to the program that diversion programs without undergoing court
the child in conflict with the law is required to proceedings subject to the conditions herein
undergo after he/she is found responsible for an provided:
offense without resorting to formal court
proceedings. [Sec. 4(j), RA 9344] (a) Where the imposable penalty for the crime
committee is not more than six (6) years
Development of a Comprehensive Juvenile imprisonment, the law enforcement officer or
Intervention Program Punong Barangay with the assistance of the local
(1) A Comprehensive juvenile intervention program social welfare and development officer or other
covering at least a 3-year period shall be instituted members of the LCPC shall conduct mediation,
in LGUs from the barangay to the provincial level. family conferencing and conciliation and, where
(2) The LGUs shall set aside an amount appropriate, adopt indigenous modes of conflict
necessary to implement their respective juvenile resolution in accordance with the best interest of
intervention programs in their annual budget. the child with a view to accomplishing the
(3) The LGUs, in coordination with the LCPC, shall objectives of restorative justice and the formulation
call on all sectors concerned, particularly the child- of a diversion program. The child and his/her family
focused institutions, NGOs, people's organizations, shall be present in these activities.
educational institutions and government agencies
involved in delinquency prevention to participate in (b) In victimless crimes where the imposable
the planning process and implementation of juvenile penalty is not more than six (6) years
intervention programs. Such programs shall be imprisonment, the local social welfare and
implemented consistent with the national program development officer shall meet with the child and
formulated and designed by the JJWC. The his/her parents or guardians for the development
implementation of the comprehensive juvenile of the appropriate diversion and rehabilitation
intervention program shall be reviewed and assessed program, in coordination with the BCPC;
annually by the LGUs in coordination with the LCPC.
Results of the assessment shall be submitted by the (c) Where the imposable penalty for the crime
provincial and city governments to the JJWC not later committed exceeds six (6) years imprisonment,
than March 30 of every year. [Sec. 18, RA9344] diversion measures may be resorted to only by
the court. [Sec. 23, RA 9344]

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Period of preventive imprisonment deducted


from term of imprisonment Modification and Extinction
Offenders who have undergone preventive
imprisonment shall be credited in the service of
of Criminal Liability
their sentence consisting of deprivation of liberty,
with the full time during which they have undergone Two kinds of extinguishment of criminal liability:
preventive imprisonment, if the detention prisoner TOTAL EXTINGUISHMENT
agrees voluntarily in writing to abide by the same (1) By prescription of crime
disciplinary rules imposed upon convicted (2) By prescription of penalty
prisoners, except in the following cases: (3) By the death of the convict
(4) By Service of sentence
a. When they are recidivists or have been convicted (5) By Amnesty
previously twice or more times of any crime; and (6) By Absolute Pardon
(7) By the marriage of the offended woman and the
b. When upon being summoned for the
offender in the crimes of rape, abduction,
execution of their sentence they have failed to
surrender voluntarily. seduction and acts of lasciviousness. (Art. 344)

If the detention prisoner does not agree to abide by PARTIAL EXTINGUISHMENT


the same disciplinary rules imposed upon convicted (1) By Conditional Pardon
prisoners, he shall be credited in the service of his (2) By Commutation of sentence
sentence with four-fifths of the time during which he (3) For good conduct, allowances which the
has undergone preventive imprisonment. (As
culprit may earn while he is serving sentence
(4) By Parole
amended by Republic Act 6127, June 17, 1970).
(5) By Probation
Whenever an accused has undergone
Important: The Supreme Court ruled that re-election
preventive imprisonment
to public office is not one of the grounds by which
(a) for a period equal to or more than the possible
criminal liability is extinguished. This is only true in
maximum imprisonment of the offense charged
to which he may be sentenced administrative cases but not in criminal cases.
(b) and his case is not yet terminated, he shall be
PRESCRIPTION OF CRIME; PRESCRIPTION OF
released immediately without prejudice to the
continuation of the trial thereof or the proceeding VIOLATIONS OF SPECIAL LAWS (ACT NO. 3326)
on appeal, if the same is under review.
Definition: The forfeiture or loss of the right of
In case the maximum penalty to which the accused the State to prosecute the offender, after the
may be sentenced is destierro, he shall be released lapse of a certain period of time.
after thirty (30) days of preventive imprisonment. (As
amended by E.O. No. 214, July 10, 1988).
General rule: Prescription of the crime begins
on the day the crime was committed.
The accused undergoes preventive imprisonment
Exception: The crime was concealed, not public, in
when the offense charged is nonbailable, or even if
which case, the prescription thereof would only
bailable, he cannot furnish the required bail.
commence from the time the offended party or the
government learns of the commission of the crime.
The convict is to be released immediately if the
penalty imposed after trial is less than the full
time or four-fifths of the time of the preventive Difference between Prescription of Crime
imprisonment. and Prescription of the Penalty
Prescription of crime Prescription of the penalty
The accused shall be released immediately whenever
he has undergone preventive imprisonment for a Forfeiture of the State to Forfeiture to execute the
period equal to or more than the possible maximum prosecute after a lapse of final sentence after the
imprisonment for the offense charged. a certain time lapse of a certain time

Question: What happens when the last day of


the prescriptive period falls on a Sunday or legal
holiday?

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Answer: The information can no longer be filed on Computation of Prescription of Offenses (Art. 91)
the next day as the crime has already prescribed. (1) Commences to run from the day on which
the crime is discovered by the offended
Prescriptive Periods of Crimes party, the authorities or their agents.
(1) Crimes punishable by death, (2) Interrupted by the filing of complaint or
20 years
reclusion perpetua or reclusion information
(2) temporal (3) It shall commence to run again when such
(3) Afflictive penalties 15 years proceedings terminate without the accused
10 years being convicted or acquitted, or unjustifiably
(4) Correctional penalties stopped for any reason not imputable to the
5 years
Note: Those punishable by accused.
arresto mayor Note: Termination must be FINAL as to
The highest
amount to a jeopardy that would bar a
Note: When the penalty fixed law penalty shall subsequent prosecution.
be made a
is a compound one (4) The term of prescription shall not run when
basis
(5) Libel 1 year the offender is absent from the Philippine
(6) Oral defamation and slander by archipelago.
6 months (5) For continuing crimes, prescriptive period cannot
deed
begin to run because the crime does not end.
(7) Simple slander 2 months
(8) Grave slander 6 months
PRESCRIPTION OF PENALTIES
(9) Light offenses 2 months
(10) Crimes punishable by fines
Definition: The loss or forfeiture of the right of
a) Fine is afflictive 15 years the government to execute the final sentence
b) Fine is correctional 10 years after the lapse of a certain period of time.
c) Fine is light 2 months
Note: Subsidiary penalty for Prescriptive Periods of Penalties
nonpayment not considered
Death and reclusion perpetua 20 years
in determining the period
Other afflictive penalties 15 years
Note: When fine is an
Correctional penalties 10 years
alternative penalty higher
than the other penalty Note: If arresto mayor 5 years
which is by imprisonment, Light penalties 1 year
prescription of the crime is
based on the fine. Computation of Prescription of Penalties (Art. 93)

Prescriptive periods under special laws and Elements:


municipal ordinances (Act 3763, amending Act 3326) (1) Penalty is imposed by final judgment
(2) Convict evaded service of sentence by
Offenses punished only by fine or
imprisonment for not more than one 1 year escaping during the term of his sentence
(3) The convict who has escaped from prison has
month or both
not given himself up, or been captured, or gone
Imprisonment for more than one
4 years to a foreign country with which we have no
month, but less than two years
extradition treaty, or committed another crime
Imprisonment for two years but less
8 years (4) The penalty has prescribed because of the
than six years
lapse of time from the date of the evasion of
Imprisonment for six years or more 12 years service of the sentence by the convict.
Offenses under Internal Revenue Law 5 years
Violations of municipal ordinances 2 months Period commences to run from the date when
Violations of the regulations or the culprit evaded the service of sentence.
conditions of certificate of
2 months
convenience by the Public Service Note: "Escape" in legal parlance and for purposes
Commission of Articles 93 and 157 of the RPC means unlawful
departure of prisoner from the limits of his custody.
Note: Not applicable where the special law Clearly, one who has not been committed to prison
provides for its own prescriptive period cannot be said to have escaped therefrom [Del
Castillo v. Torrecampo (2002)].

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When interrupted: Monsanto v Factoran (1989):


(a) Convict gives himself up
(1) Absolute pardon does not ipso facto entitle
(b) Is captured
the convict to reinstatement to the public office
(c) Goes to a foreign country with which we have
forfeited by reason of his conviction.
no extradition treaty
(2) Although pardon restores his eligibility for
(d) Commits any crime before the expiration of
appointment to that office, the pardoned convict
the period of prescription
must reapply for a new appointment.
Question: What happens in cases where our
Conditional Pardon
government has extradition treaty with another
If delivered and accepted, it is a contract between
country but the crime is not included in the treaty?
the executive and the convict that the former will
release the latter upon compliance with the
Answer: It would interrupt the running of the
condition. One usual condition is “not again violate
prescriptive period.
any of the penal laws of the country”.
Question: What is the effect of the acceptance
Effects of Pardon of the President
of the convict of a conditional pardon?
Art. 36. Pardon; its effects. – A pardon shall not
Answer: It would interrupt the acceptance of the work the restoration of the right to hold public
prescriptive period. office, or the right of suffrage, unless such rights be
expressly restored by the terms of the pardon.
Question: What happens if the culprit is captured A pardon shall in no case exempt the culprit
but he evades again the service of his sentence? from the payment of civil indemnity imposed
upon him by the sentence.
Answer: The period of prescription that ran
during the evasion is not forfeited. The period of Effects:
prescription that has run in his favor should be (1) A pardon shall not restore the right to hold
taken into account. public office or the right of suffrage.
Exception: When any or both such rights is or are
PARDON BY OFFENDED PARTY expressly restored by the terms of the pardon.
(2) It shall not exempt the culprit from the
payment of the civil indemnity. The pardon
Art. 23. Effect of pardon by the offended party.
— A pardon of the offended party does not cannot make an exception to this rule.
extinguish criminal action except as provided in
Limitations upon the exercise of pardoning power
Article 344 of this Code; but civil liability with
regard to the interest of the injured party is (1) That the power can be exercised only after
extinguished by his express waiver. conviction.
Thus in applying for pardon, the convict
This article states the extent of a pardon made by the
must not appeal the judgment of conviction
offended party. Under this article, a pardon does not
or the appeal must be abandoned.
extinguish the criminal liability of an offender except
(2) That such power does not extend to cases
of impeachment. (Cristobal v. Labrador).
for cases under Article 344 (Prosecution of the crimes
of adultery, concubinage, seduction, abduction, rape
and acts of lasciviousness). Pardon by the Chief Pardon by the Offended
Executive Party
But the civil liability with regard to the interest of Extinguishes the criminal Does not extinguish
the injured party is extinguished. liability of the offender. criminal liability.
Although it may
PARDON BY THE CHIEF constitute a bar to the
EXECUTIVE Absolute Pardon prosecution of the: (1)
An act of grace, proceeding from the power crimes of seduction,
entrusted with the execution of the laws. abduction and acts of
lasciviousness by the valid
Exempts the individual from the penalty of the marriage of the offended
crime he has committed. party and the offender;
and (2) in adultery and

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Pardon by the Chief Pardon by the Offended If an offender was convicted for rebellion and he
Executive Party qualified for amnesty, and so he was given an
amnesty, then years later he rebelled again and
concubinage, by the convicted, is he a recidivist?
express or implied pardon
by the offended spouse. No. Because the amnesty granted to him erased
Cannot include civil The offended party can not only the conviction but also the effects of the
liabilities which the waive the civil liability conviction itself.
offender must pay. which the offender must
pay. Suppose, instead of amnesty, what was given
was absolute pardon, then years later, the
Conditional or Absolute Cannot be conditional
offended was again captured and charged for
Granted only after the Pardon should be given rebellion, he was convicted, is he a recidivist?
conviction. before the institution of
criminal prosecution. Yes. Pardon, although absolute does not erase the
effects of conviction. Pardon only excuses the convict
AMNESTY from serving the sentence. There is an exception to
An act of the sovereign power granting oblivion this and that is when the pardon was granted when
or general pardon for a past offense. the convict had already served the sentence such that
there is no more service of sentence to be executed
Rarely exercised in favor of a single individual; then the pardon shall be understood as intended to
usually extended in behalf of certain classes of erase the effects of the conviction.
persons who are subject trial but have not yet
been convicted. So if the convict has already served the sentence
and in spite of that he was given a pardon that
Erases not only the conviction but the crime itself. pardon will cover the effects of the crime and
therefore, if he will be subsequently convicted for a
Difference between Amnesty and Absolute Pardon felony embracing the same title as that crime, he
cannot be considered a recidivist, because the
Amnesty Absolute Pardon
pardon wipes out the effects of the crime.
Blanket pardon to classes Includes any crime
and is of persons, guilty of exercised individually But if he was serving sentence when he was
political offenses pardoned, that pardon will not wipe out the
effects of the crime, unless the language of the
May still be exercised The person is already pardon absolutely relieve the offender of all the
before trial or convicted effects thereof. Considering that recidivism does
investigation not prescribe, no matter how long ago was the
Looks backward- it is as if Looks forward- he is first conviction, he shall still be a recidivist.
he has committed no relieved from the
offense consequences of the LAWS IN SC SYLLABUS:
offense, but rights not (1) Act Prohibiting the Imposition of Death
restored unless explicitly Penalty in the Philippines (RA 9346)
provided by the terms of (2) Anti-Violence Against Women and Their
the pardon Children Act of 2004 (RA 9262)
(3) Juvenile Justice and Welfare Act of 2006
Both do not extinguish civil liability
(RA 9344);
Public act which the court Private act of the (4) Child and Youth Welfare code (PD 603, as
shall take judicial notice President and must be amended)
of pleaded and proved by (5) Decree Codifying the Laws on Illegal/
the person pardoned Unlawful Possession, Manufacture, Dealing
Valid only when there is Valid if given either before in, Acquisition or Disposition, of Firearms,
final judgment or after final judgment Ammunition or Explosives (P.D. 1866, as
amended by R.A. No. 8294)
(6) The Comprehensive Dangerous Drugs Act
The effects of amnesty as well as absolute of 2002 (R.A. No. 9165)
pardon are not the same. Amnesty erases not
only the conviction but also the crime itself.

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(7) Decree Penalizing Obstruction of


Apprehension and Prosecution of Criminal
Offenders (P.D. 1829)
(8) Indeterminate Sentence Law (RA 4103, as
amended)
(9) Probation Law (PD 968, as amended)
(10) Prescription of Violations of Special Laws
(Act No. 3326)

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(2) Inciting to War or Giving Motives for


Title I. Crimes against Reprisals (Art 118) – This can be committed
National Security and the even if the Philippines is not a participant.
(3) Violation of Neutrality (Art. 119) – The
Law of Nations Philippines is not a party to an on-going war.

CRIMES AGAINST SECURITY


CRIMES AGAINST SECURITY: ARTICLE 114 - TREASON
(1) Art. 114: Treason
(2) Art. 115: Conspiracy and Proposal to MODE 1: Levying War
Commit Treason Elements:
(3) Art. 116: Misprision of Treason (1) The offender is a Filipino or resident alien
(4) Art. 117: Espionage (2) There is a war in which the Philippines is
involved
(3) The offender levies war against the government
CRIMES AGAINST THE LAW OF NATIONS
(1) Art. 118: Inciting to War or Giving Motives
for Reprisals MODE 2: Adherence to the Enemy and
(2) Art. 119: Violation of Neutrality Giving of Aid or Comfort
(3) Art. 120: Correspondence with Hostile Country Elements:
(4) Art. 121: Flight to Enemy’s Country (1) The offender is a Filipino or resident alien
(5) Art. 122: Piracy in General and Mutiny on (2) There is a war in which the Philippines is
the High Seas or in Philippine Waters involved
(6) Art. 123: Qualified Piracy (3) That the offender adheres to the enemies,
giving them aid or comfort
The crimes under this title can be prosecuted Treason is a breach of allegiance to a government,
even if the criminal act or acts were committed committed by a person who owes allegiance to it. It
outside the Philippine territorial jurisdiction. cannot be committed in the time of peace. There
are two ways of committing treason: (1) By levying
This is one of the instances where the RPC may war against the Government and (2) By adhering to
be given extra-territorial application under Article the enemies of the Philippines, giving them aid or
2 (5) thereof. However, prosecution can proceed comfort. (Reyes, 2008)
only if the offender is:
(1) within Philippine territory, OR To be treasonous, the extent of aid and comfort
(2) brought to the Philippines pursuant to an given to the enemies must be to render assistance
extradition treaty. to them as enemies and not as individuals, in the
furtherance of the enemies’ hostile designs.
Crimes against national security can be tried
only in the Philippines, as there is a need to Intent of disloyalty is a vital ingredient in the crime
bring the offender here before he can be made of treason, which in the absence of admission may
to suffer the consequences of the law. be gathered from the nature and circumstances of
each particular case. [People vs. Perez]
In the case of crimes against the law of nations,
the offender can be prosecuted whenever he may Mode 1: Levying War
be found because the crimes are regarded as Requirements:
committed against humanity in general. Levying war requires the concurrence of two things:
(1) that there must be an actual assembling of
The acts against national security may be committed men;
abroad and still be punishable under our law. (2) for the purpose of executing a treasonable
design by force.
General rule: Almost all of these are crimes
committed in times of war. There must be an actual assembling of men.
The mere acceptance of the commission from
Exceptions: The following can be committed in the secretary of war of the Katipunan by the
times of peace: accused, nothing else having been done, was
(1) Espionage (Art 117) – This is also covered not an overt act of treason within the meaning of
by Commonwealth Act No. 616 which the law. [U.S. vs. De los Reyes]
punishes conspiracy to commit espionage.

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The levying of war must be directed against the The crime of treason is of such a nature that it
government. It must be with intent to overthrow the may be committed by one single act, by a series
government as such, not merely to resist a particular of acts, or by several series thereof, not only in a
statute or to repel a particular officer. [Reyes, 2008; single time, but in different times, it being a
citing 3 Wharton’s Criminal Law, 12th Ed.] continuous crime. [People vs. Victoria]
Treason cannot be proved by circumstantial evidence
The levying of war must be in collaboration with a or by the extrajudicial confession of the accused.
foreign enemy. If the levying of war is merely a civil
uprising, without any intention of helping an external Two Ways of Proving Treason
enemy, the crime is not treason. The offenders may (1)Testimony of at least two witnesses to the
be held liable for rebellion under Article 135 in relation same overt act; or
to Article 134 of the RPC. [Reyes, 2008] (2)Confession of accused in open court.[Article
114, par.2, RPC]
Mode 2: Adherence to the Enemy
Adherence and giving aid or comfort to the The Two-witness Rule
enemy must concur. Adherence to the enemy The testimony of two witnesses is required to
means intent to betray. Aid or comfort means an prove the overt act of giving aid or comfort. It is
act which strengthens or tends to strengthen the not necessary to prove adherence. Each of the
enemy in the conduct of war against the traitor’s witness must testify to the whole overt act; or if it
country and an act which weakens or tends to is separable, there must be two witnesses to
weaken the power of the traitor’s country to each part of the overt act. [People vs. Escleto]
resist or to attack the enemy. [Cramer vs. US]
Adherence may be proved:
When there is no adherence to the enemy, the (1) By one witness,
act which may do aid or comfort to the enemy (2) From the nature of the act itself, or
does not amount to treason. [Reyes, 2008] (3) From the circumstances surrounding the act.

Acceptance of public office and discharge of Adherence need not be proven by two witness
official duties under the enemy do not constitute testimonies – may be inferred from one witness,
per se the felony of treason. But when there is or from the nature of the act itself or other
adherence to the enemy, then such constitute circumstances [People vs. Adriano]
treason. [People vs. Sison]
Reason why Two-witness Rule does not apply to
The term “enemies” applies only to the subjects adherence: Adherence to the enemy is a state of
of a foreign power in a state of hostility with the mind. It is never susceptible of proof by direct
traitor’s country. [Reyes, 2008] testimony. [Reyes, 2008]

The overt act of aid and comfort to the enemy must Confession must be made in open court.
be intentional, as distinguished from merely Extrajudicial confession or confession made
negligent or undesigned ones. [Cramer vs. US] before the investigators is not sufficient to
convict a person of treason. [Reyes, 2008]
When the killings and other common crimes are
charged as overt acts of treason, they cannot be Aggravating Circumstances
regarded: (1) as separate crimes, or (2) as Cruelty and ignominy are aggravating
complexed with treason. circumstances in treason.

Exception: But this rule would not preclude the But evident premeditation is not considered as one
punishment of murder or other common crimes as since adherence and the giving of aid and comfort
such, if the prosecution should elect to prosecute the to the enemy is usually a long continued process
culprit specifically for these crimes, instead of relying requiring requiring reflective and persistent
on them as an element of treason. [People vs. Prieto] determination and planning.[People vs. Racaza]

Treason by a Filipino citizen can be committed Superior strength and treachery are
outside of the Philippines. Treason by an alien circumstances inherent in treason. Treachery is
must be committed in the Philippines. merged in superior strength. Therefore, they are
not aggravating in treason.[People vs. Adlawan]

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The presence of the aggravating circumstances of (a) Levy war against the government; or
treachery, the aid of armed persons to insure or (b) Adhere to the enemies, giving them aid
afford impunity, and deliberately augmenting the or comfort
crimes by causing other wrongs not necessary in
the commission thereof are inherent in the crime of General rule: Conspiracy and proposal to commit
treason and thus shall not be appreciated as
a felony is not punishable under Article 8.
aggravating circumstances. [People vs Victoria]
Exception: Under Article 115, mere conspiracy
Defense of Suspended Allegiance and change or proposal to commit treason is punishable.
of sovereignty are not accepted because: This is because, in treason, the very existence
(1)A citizen owes an absolute and permanent of the state is endangered. [Reyes, 2008]
allegiance to his Government;
(2)The sovereignty of the Government is not
The two-witness rule does not apply to
transferred to the enemy by mere occupation; conspiracy or proposal to commit treason
(3)The subsistence of the sovereignty of the because this is a separate and distinct offense
legitimate Government in a territory occupied by from that of treason. [US vs. Bautista]
the military forces of the enemy during the war is
one of the rules of International Law; and
ARTICLE 116 - MISPRISION OF TREASON
(4)What is suspended is the exercise of the
rights of sovereignty. Elements:
(1) Offender owes allegiance to the
In addition to the defense of duress or uncontrollable government, and is not a foreigner
fear, lawful obedience to a de facto Government is a (2) He has knowledge of conspiracy to commit
good defense in treason. The Philippine Executive treason against the government
Commission, as well as the Republic established by (3) He conceals or does not disclose and make
the Japanese occupation army in the Philippines, had known the same as soon as possible to the
all the characteristics of a de facto Government. [Go governor or fiscal of the province in which he
Kim Cham vs. Valdez] resides, or the mayor or fiscal of the city in
which he resides
Defense of loss of citizenship by joining the army of
the enemy is not valid. The accused cannot divest Misprision of treason is a crime that may be
himself of his Philippine citizenship by the simple committed only by citizens of the Philippines. It
expedient of accepting a commission in the cannot be committed by a resident alien.
military, naval or air service of such country. If his
contention is sustained, his very crime would be The essence of the crime is that there are persons
the shield that would protect him from punishment. who conspire to commit treason and the offender
[People vs. Manayao] knew this and failed to make the necessary report
to the government within the earliest possible time.
ARTICLE 115 - CONSPIRACY AND PROPOSAL TO
COMMIT TREASON Article 116 does not apply when the crime of treason
CONSPIRACY TO COMMIT TREASON is already committed by someone and the accused
Elements: does not report its commission to the proper authority.
(1) There is a war in which the Philippines is The provision only speaks of “knowledge of any
involved conspiracy against” the Government of the
(2) At least two persons come to an agreement to – Philippines, not knowledge of treason actually
(a) Levy war against the government; or committed by another. The criminal liability arises if
(b) Adhere to the enemies, giving them aid the accused learned of the treasonous activity while
or comfort still at the conspiratorial stage because if he learned
(3) That person proposes its execution to other of the treason when it had already erupted into an
persons overt act, then the implication is that the government
(4) They decide to commit it is already aware of it.

PROPOSAL TO COMMIT TREASON The offender in misprision of treason is punished as


Elements: an accessory to treason. Note that Article 116 does
(1) There is a war in which the Philippines is not provide for a penalty. However, the offender is a
involved principal in the crime of misprision of treason.
(2) At least one person decides to –

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Any person in authority having the equivalent that the offender has the purpose to obtain any
jurisdiction (of a mayor, fiscal or governor), like a of them.
provincial commander, will already negate
criminal liability. Espionage Treason
Blood relationship is always subservient to national Not conditioned by the Not conditioned by the
security. Article 20 of the RPC regarding accessories citizenship of the offender citizenship of the offender
who are exempt from criminal liability does not apply in
this case because persons found liable for this crime are
May be committed both in Committed only in
not considered accessories, but as principals.
time of time of war and in time of war peace

Article 116 is an exception to the rule that mere May be committed in Limited only to two ways
silence does not make a person criminally liable. many ways of committing the crime:
[US vs. Caballeros] levying of war and
adhering to the enemy
Under the Revised Penal Code, there is no giving him aid or comfort
crime of misprision of rebellion.

ARTICLE 117 – ESPIONAGE


MODE 1: Entering of establishment to obtain
confidential information regarding defense of
Crimes against the
the Philippines Law of Nations
Elements: ARTICLE 118 - INCITING TO WAR OR GIVING
(1) That the offender enters a warship, fort, or MOTIVES FOR REPRISALS
naval or military establishment or reservation;
(2) That he has no authority therefor; Elements:
(3) That his purpose is to obtain information, plans, (1) Offender performs unlawful or unauthorized
photographs or other data of a confidential nature acts
relative to the defense of the Philippines. (2) The acts provoke or give occasion for
(a) A war involving or liable to involve the
MODE 2: Disclosing by public officer of confidential Philippines; or
information to a foreign representative (b) Exposure of Filipino citizens to reprisals
on their persons or property
Elements:
(1) That the offender is a public officer; This crime is committed in time of peace.
(2) That he has in his possession the articles,
data or information of a confidential nature The intention of the offender is immaterial. The
relative to the defense of the Philippines, by law considers the effects produced by the acts
reason of the public office he holds; of the accused. [Reyes, 2008l citing Viada]
That he discloses their contents to a
representative of a foreign nation. Examples [Reyes, 2008]
The raising, without sufficient authorization, of
Under paragraph 1 of Article 117, the offender is troops within the Philippines for the service of a
any person, whether a citizen or a foreigner, a foreign nation against another nation.
private individual or a public officer.
The public destruction of the flag or seal of a
Under paragraph 2, the offender must be a public foreign state or the public manifestations of hostility
officer who has in his possession the information to the head or ambassador of another state.
by reason of the public office he holds.
ARTICLE 119 - VIOLATION OF
NEUTRALITY Elements:
To be liable under paragraph 1, the offender must (1) There is a war in which the Philippines is not
have the intention to obtain information relative to involved
the defense of the Philippines. It is not necessary (2) There is a regulation issued by a competent
that the information, etc. is obtained. It is sufficient authority to enforce neutrality

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(3) Offender violates the regulation foreigner.” Hence, the allegiance contemplated
in this article is either natural or temporary
Definition of neutrality. A nation or power allegiance. [Reyes, 2008]
which takes no part in a contest of arms going
on between other countries. Mere attempt to flee or go to enemy country
consummates the crime.
ARTICLE 120 - CORRESPONDENCE
ARTICLE 122 - PIRACY IN GENERAL AND MUTINY
WITH HOSTILE COUNTRY
ON THE HIGH SEAS OR IN PHILIPPINE WATERS
Elements:
Elements:
(1) It is in time of war in which the Philippines is
involved (1) The vessel is on the high seas or Philippine
(2) Offender makes correspondence with an enemy waters
country or territory occupied by enemy troops (2) Offenders are neither members of its
(3) The correspondence is either – complement nor passengers of the vessel
(a) Prohibited by the government, or (3) Offenders either –
(a) Attack or seize that vessel; or
(b) Carried on in ciphers or conventional
signs, or (b) Seize the whole or part of its cargo, its
(c) Containing notice or information which equipment or personal belongings of its
might be useful to the enemy. complement or passengers
(4) There is intent to gain
Definition of Correspondence. Communication
Acts Punished in Piracy:
by means of letters which pass between those
(1) Attacking or seizing a vessel on the high
who have friendly or business relations.
seas or in Philippine waters
(2) Seizing the whole or part of its cargo,
Even if the correspondence contains innocent
complement or passengers while the vessel
matters, if the correspondence has been
is on the high seas or in Philippine waters
prohibited by the Government, it is punishable.
Definition of High Seas
Prohibition by the Government is not essential in
paragraphs 2 and 3 of Article 120. The Convention on the Law of the Sea defined it
as parts of the seas that are not included in the
exclusive economic zone, in the territorial seas,
Circumstances qualifying the offense under
or in the internal waters of a state, or in the
sentence 2, paragraph 3
archipelagic waters of an archipelagic state.
The following must concur together:
(1)That the notice or information might be useful
Definition of Piracy
to the enemy, and
(2) That the offender intended to aid the enemy. It is robbery or forcible depredation on the high
seas, without lawful authority and done with
animo furandi and in the spirit and intention of
If the offender intended to aid the enemy by
universal hostility. [People vs. Lol-lo]
giving such notice or information, the crime
amounts to treason; hence, the penalty is the
Mutiny
same as that for treason. [Reyes, 2008]
Definition of Mutiny
It is the unlawful resistance to a superior officer,
ARTICLE 121 - FLIGHT TO ENEMY'S
or the raising of commotions and disturbances
COUNTRY Elements:
(1) There is a war in which the Philippines is Mutiny is punished in Article 122.Mutiny is
involved usually committed by the other members of the
(2) Offender must be owing allegiance to the complement and may be committed by the
government passengers of the vessel.
(3) Offender attempts to flee or go to enemy
country
Piracy Mutiny
(4) Going to the enemy country is prohibited by
compete Persons who attack the Persons who attack the
vessel or seize its cargo vessel or seize its cargo
An alien resident may be guilty of flight to enemy are strangers to said are members of the crew
country. The law does not say “not being a

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Piracy Mutiny crew or passengers


(4) The preceding were committed under any of
vessels or passengers the following circumstances:
Intent to gain is essential Intent to gain is not (a) Whenever they have seized a vessel by
essential. The offenders boarding or firing upon the same;
may only intend to ignore (b) Whenever the pirates have abandoned
the ship’s officers or they their victims without means of saving
may be prompted by a themselves; or
desire to commit plunder. (c) Whenever the crime is accompanied by
murder, homicide, physical injuries or rape
Abetting Piracy
In Section 4 of Presidential Decree No. 532, the If any of the circumstances in Article 123 is
act of aiding pirates or abetting piracy is present, piracy is qualified.
penalized as a crime distinct from piracy.
Paragraph 2 of Article 123 specifically mentions
Said section penalizes any person who knowingly “pirates” thereby excluding mutineers from said
and in any manner aids or protects pirates, such as paragraph. It would seem, however, that it should
giving them information about the movement of the be in paragraph 1 where the word “pirates” should
police or other peace officers of the government, or be specifically mentioned and not in paragraph 2,
acquires or receives property taken by such because in paragraph 1, the mutineers, being
pirates, or in any manner derives any benefit already in the vessel, cannot seize the vessel by
therefrom; or who directly or indirectly abets the boarding or firing upon the same. [Reyes, 2008]
commission of piracy.
Murder, rape, homicide, physical injuries are
Also, it is expressly provided in the same section mere circumstances qualifying piracy and
that the offender shall be considered as an cannot be punished as separate crimes, nor can
accomplice of the principal offenders and punished they be complexed with piracy.
in accordance with the Revised Penal Code.
Although Article 123 refers to qualified piracy, there
This provision of PD No. 532 with respect to piracy is also the crime of qualified mutiny. Mutiny is
in Philippine waters has not been incorporated into qualified under the following circumstances:
the RPC. Neither may it be considered repealed by (1) When the offenders abandoned the victims
RA 7659 since there is nothing in the amendatory without means of saving themselves; or
law which is inconsistent with said section. (2) When the mutiny is accompanied by rape,
murder, homicide, or physical injuries
Apparently, there is still the crime of abetting The first circumstance which qualifies piracy
piracy in Philippine waters under PD No. 532. does not apply to mutiny.

RA 9372 PD 532: ANTI-PIRACY AND ANTI-HIGHWAY


A person who commits an act punishable as piracy ROBBERY
and mutiny under Article 122 thereby sowing and DEFINITION OF TERMS
creating a condition of widespread and extraordinary Section 2. Definition of Terms. The following
fear and panic among the populace, in order to terms shall mean and be understood, as follows:
coerce the government to give in to an unlawful
(a) Philippine Waters. It shall refer to all bodies of
demand shall be guilty of the crime of terrorism.
water, such as but not limited to, seas, gulfs, bays
around, between and connecting each of the
ARTICLE 123 - QUALIFIED Islands of the Philippine Archipelago, irrespective
PIRACY Elements: of its depth, breadth, length or dimension, and all
(1) The vessel is on the high seas or Philippine other waters belonging to the Philippines by
waters historic or legal title, including territorial sea, the
(2) Offenders may or may not be members of its sea-bed, the insular shelves, and other
complement, or passengers of the vessel submarine areas over which the Philippines has
(3) Offenders either – sovereignty or jurisdiction.
(a) Attack or seize the vessel; or
(b) Seize the whole or part of its cargo, its (b) Vessel. Any vessel or watercraft used for
equipment, or personal belongings of its transport of passengers and cargo from one

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place to another through Philippine Waters. penalty of reclusion temporal in its medium
It shall include all kinds and types of vessels and maximum periods shall be imposed. If
or boats used in fishing. kidnapping for ransom or extortion, or
murder or homicide, or rape is committed as
(c) Philippine Highway. It shall refer to any road, a result or on the occasion thereof, the
street, passage, highway and bridges or other penalty of death shall be imposed.
parts thereof, or railway or railroad within the
Philippines used by persons, or vehicles, or Section 4. Aiding pirates or highway robbers/brigands
locomotives or trains for the movement or or abetting piracy or highway robbery/brigandage.
circulation of persons or transportation of Any person who knowingly and in any manner aids or
goods, articles, or property or both. protects pirates or highway robbers/brigands, such as
giving them information about the movement of police
(d) Piracy. Any attack upon or seizure of any or other peace officers of the government, or acquires
vessel, or the taking away of the whole or part or receives property taken by such pirates or brigands
thereof or its cargo, equipment, or the personal or in any manner derives any benefit therefrom; or
belongings of its complement or passengers, any person who directly or indirectly abets the
irrespective of the value thereof, by means of commission of piracy or highway robbery or
violence against or intimidation of persons or brigandage, shall be considered as an accomplice of
force upon things, committed by any person, the principal offenders and be punished in
including a passenger or member of the accordance with the Rules prescribed by the Revised
complement of said vessel, in Philippine Penal Code.
waters, shall be considered as piracy. The
offenders shall be considered as pirates and It shall be presumed that any person who does any
punished as hereinafter provided. of the acts provided in this Section has performed
knowingly, unless the contrary is proven.
(e) Highway Robbery/Brigandage. The seizure of
any person for ransom, extortion or other
unlawful purposes, or the taking away of the RA 6235: ANTI-HIJACKING LAW
PUNISHABLE ACTS
property of another by means of violence
against or intimidation of person or force upon Section 1. It shall be unlawful for any person to
things of other unlawful means, committed by compel a change in the course or destination of an
any person on any Philippine Highway. aircraft of Philippine registry, or to seize or usurp
the control thereof, while it is in flight. An aircraft is
PUNISHABLE ACTS
in flight from the moment all its external doors are
Section 3. Penalties. Any person who commits closed following embarkation until any of such
piracy or highway robbery/brigandage as herein doors is opened for disembarkation.
defined, shall, upon conviction by competent
court be punished by: It shall likewise be unlawful for any person to
compel an aircraft of foreign registry to land in
(a) Piracy. The penalty of reclusion temporal in its Philippine territory or to seize or usurp the
medium and maximum periods shall be control thereof while it is within the said territory.
imposed. If physical injuries or other crimes
are committed as a result or on the occasion Section 3. It shall be unlawful for any person,
thereof, the penalty of reclusion perpetua shall natural or juridical, to ship, load or carry in any
be imposed. If rape, murder or homicide is passenger aircraft operating as a public utility
committed as a result or on the occasion of within the Philippines, and explosive, flammable,
piracy, or when the offenders abandoned the corrosive or poisonous substance or material.
victims without means of saving themselves, or
when the seizure is accomplished by firing Section 4. The shipping, loading or carrying of
upon or boarding a vessel, the mandatory any substance or material mentioned in the
penalty of death shall be imposed. preceding section in any cargo aircraft operating
as a public utility within the Philippines shall be
(b) Highway Robbery/Brigandage. The penalty of in accordance with regulations issued by the
reclusion temporal in its minimum period shall Civil Aeronautics Administration
be imposed. If physical injuries or other crimes
are committed during or on the occasion of the
commission of robbery or brigandage, the

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RA 9372: HUMAN SECURITY ACT OF 2007 penalty of from seventeen (17) years, four (4) months
SEC. 3.Terrorism. Any person who commits an one day to twenty (20) years of imprisonment.
act punishable under any of the following
provisions of the Revised Penal Code: SEC. 6.Accessory. Any person who, having
(1) Article 122 (Piracy in General and Mutiny in knowledge of the commission of the crime of terrorism
the High Seas or in the Philippine Waters); or conspiracy to commit terrorism, and without having
(2) Article 134 (Rebellion or Insurrection); participated therein, either as principal or accomplice
(3) Article 134-a (Coup d’etat), including acts under Articles 17 and 18 of the Revised Penal Code,
committed by private persons; takes part subsequent to its commission in any of the
(4) Article 248 (Murder); following manner: (a) by profiting himself or assisting
(5) Article 267 (Kidnapping and Serious Illegal the offender to profit by the effects of the crime; (b) by
Detention); concealing or destroying the body of the crime, or the
(6) Article 324 (Crimes Involving Destruction), effects, or instruments thereof, in order to prevent its
(7) or under discovery;
(c) by harboring, concealing, or assisting in the
(1) Presidential Decree No. 1613 (The Law on Arson); escape of the principal or conspirator of the crime,
(2) Republic Act No. 6969 (Toxic Substances shall suffer the penalty of ten (10) years and one
and Hazardous and Nuclear Waste Control day to twelve (12) years of imprisonment.
Act of 1990);
(3) Republic Act No. 5207, (Atomic Energy Notwithstanding the above paragraph, the
Regulatory and Liability Act of 1968); penalties prescribed for accessories shall not be
(4) Republic Act No. 6235 (Anti-Hijacking Law); imposed upon those who are such with respect to
(5) Presidential Decree No. 532 (Anti-piracy and their spouses, ascendants, descendants,
Anti-highway Robbery Law of 1974); and, legitimate, natural, and adopted brothers and
(6) Presidential Decree No. 1866, as amended sisters, or relatives by affinity within the same
(Decree Codifying the Laws on Illegal and degrees, with the single exception of accessories
Unlawful Possession, Manufacture, Dealing falling within the provisions of subparagraph (a).
in, Acquisition or Disposition of Firearms,
Ammunitions or Explosives)

thereby sowing and creating a condition of


widespread and extraordinary fear and panic Title II. Crimes against
among the populace, in order to coerce the
government to give in to an unlawful demand shall
Fundamental Laws of
be guilty of the crime of terrorism and shall suffer
the penalty of forty (40) years of imprisonment,
the State
without the benefit of parole as provided for under
Act No. 4103, otherwise known as the (1) Art. 124: Arbitrary Detention
Indeterminate Sentence Law, as amended. (2) Art. 125: Delay in the Delivery Of Detained
Persons to the Proper Judicial Authorities
Who Are Liable (3) Art. 126: Delaying Release
SEC. 4.Conspiracy to Commit Terrorism. (4) Art. 127: Expulsion
Persons who conspire to commit the crime of (5) Art. 128: Violation of Domicile
terrorism shall suffer the penalty of forty (40) (6) Art.129: Search Warrants Maliciously
years of imprisonment. Obtained and Abuse in the Service of those
Legally Obtained
There is conspiracy when two or more persons (7) Art. 130: Searching Domicile Without Witnesses
come to an agreement concerning the commission (8) Art. 131: Prohibition, Interruption and
of the crime of terrorism as defined in Section 3 Dissolution of Peaceful Meetings
hereof and decide to commit the same. (9) Art. 132: Interruption of Religious Worship
(10)Art. 133: Offending the Religious Feelings
SEC. 5.Accomplice. Any person who, not being a
principal under Article 17 of the Revised Penal Code Crimes under this title are those that violate
or a conspirator as defined in Section 4 hereof, certain provisions of the Bill of Rights.
cooperates in the execution of either the crime of
terrorism or conspiracy to commit terrorism by All offenses under this title can only be committed by
previous or simultaneous acts shall suffer the public officers except offending the religious feelings

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under Article 133. In a case decided by the Supreme Court a Barangay


Chairman who unlawfully detains another was held to
The primary offender in ARTICLES 124-132 is a be guilty of the crime of arbitrary detention. This is
public officer acting under supposed exercise of because he is a person in authority vested with
official functions, albeit illegally. jurisdiction to maintain peace and order within his
barangay. [Milo v. Salanga (1987)]
A private person may be liable under these articles
ONLY WHEN he: There must be an actual restraint of liberty of the
(1) Conspires with a public officer; OR offended party.
(2) He becomes an accomplice or accessory to
said crimes The crime committed is only grave or light threats if
the offended party may still go to the place where he
ARTICLE 133 can be committed by EITHER a wants to go, even though there have been warnings.
public officer OR a private person.
If the offender falsely imputes a crime against a
ARTICLE 124 - ARBITRARY person to be able to arrest him and appear not
DETENTION Elements: determined to file a charge against him, the crime
(1) That the offender is a public officer or employee
is arbitrary detention through unlawful arrest.
[Boado, Comprehensive Reviewer in Criminal Law]
(2) That he detains a person
(3) That the detention is without a legal ground.
A case where a DENR team was invited to Mayor
Astorga’s house from 530pm to 230am for dinner
The Crime of Arbitrary Detention assumes
and drinks, does not fall under Arbitrary Detention.
several forms:
Absent any physical restraint, an element of the
(1) Detaining a person without legal grounds
said crime is fear. No record on evidence showed
(Article 124);
that the mayor instilled fear into the minds of the
(2) Having arrested the offended party for legal
DENR team while they were in the Mayor’s
grounds but without warrant of arrest, and
house.[Astorga v. People (2004)]
the public officer does not deliver the
arrested person to the proper judicial
Arrest without warrant is the usual cause of
authority within the period of 12, 18, or 36
arbitrary detention.
hours, as the case may be (Article 125); or
(3) Delaying release by competent authority
Difference between Arbitrary Detention,
with the same period mentioned in number 2
Illegal Detention and Unlawful Arrest
(Article 126).

The detention of a person is without legal ground: (1) Arbitrary Illegal Unlawful
when he has not committed any crime or, at least, Detention Detention Arrest
there is no reasonable ground for suspicion that he Offender Public officer (1) Private Any person
has committed a crime, or (2) when he is not suffering who has person;
from violent insanity or any other ailment requiring authority to OR
compulsory confinement in a hospital. make arrests (2) Public
and detain officer
A public officer is deemed such when he is acting persons who is
within the bounds of his official authority or function. acting in a
private
A police officer who employs force in excess of capacity
what is necessary is acting outside the bounds or beyond
of his duties and is considered acting in his the scope
private capacity.[Boado, Comprehensive of his
Reviewer in Criminal Law] official
duty
In the crime of arbitrary detention, although the
Criminal Violate the Deprive the Accuse the
offender is a public officer, not any public officer can
Intent offended offended party offended
commit this crime. Only those public officers whose
party’s of his personal party of a
official duties carry with it the authority to make an
constitutional liberty crime he
arrest and detain persons can be guilty of this crime.
freedom did not

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Arbitrary Illegal Unlawful


Detention Detention Arrest Where the invitation comes from a powerful
group composed predominantly of ranking
against commit, military officers and the designated interrogation
warrantless deliver him site is a military camp, the same can be easily
arrest to the taken NOT as a strictly voluntary invitation. It is
proper an authoritative command that one can only defy
authority, at one’s peril. [Sanchez v. Demetriou (1993)]
and file the
necessary Detained person should be released when a
charges to judge is not available. [Albior vs. Aguis (2003)]
incriminate
him Waiver of the provisions of Article 125
Before the complaint or information is filed, the person
ARTICLE 125 - DELAY IN THE DELIVERY OF arrested may ask for a preliminary investigation in
DETAINED PERSONS TO THE PROPER accordance with Rule 112 of the Revised Rules of
JUDICIAL AUTHORITIES Criminal Procedure, but he must sign a waiver of the
Elements: provisions of Article 125 of the Revised Penal Code in
(1) Offender is a public officer or employee the presence of his counsel. Notwithstanding the
(2) He detains a person for some legal ground waiver, he may apply for bail and the investigation
(3) He fails to deliver such person to the proper must be terminated within fifteen days from its
judicial authorities within – inception. (Section 7,par. 2, Rule 112 of the Revised
(a) 12 hours for light penalties Rules of Criminal Procedure)
(b) 18 hours for correctional penalties
(c) 36 hours for afflictive or capital penalties ARTICLE 126 - DELAYING
RELEASE Elements:
This is applicable only when the arrest is without (1) Offender is a public officer or employee
a warrant. But the arrest must be lawful. (2) There is a:
(a) Judicial or executive order for the release
At the beginning, the detention is legal since it is of a prisoner or detention prisoner, OR
in the pursuance of a lawful arrest. Detention (b) A proceeding upon a petition for the
becomes arbitrary when the: liberation of such person
(1) Applicable period lapses (3) Offender without good reason delays –
(2) Without the arresting officer filing a formal (a) The service of the notice of such order
charge with the proper court. to the prisoner
(b) The performance of such judicial or
The periods stated are counted only when the executive order for the release of the
prosecutor’s office is ready to receive the prisoner; OR
complaint or information. Nighttime is not (c) The proceedings upon a petition for the
included in the period. release of such person

“Delivery” means the filing of correct information ARTICLE 127 – EXPULSION


with the proper court (or constructive delivery --
Elements:
turning over the person arrested to the jurisdiction
of the court). The purpose is to determine whether
(1) Offender is a public officer or employee
the offense is bailable or not. (Upon delivery, judge (2) He either –
(a) Expels any person from the Philippines; OR
or court acquires jurisdiction to issue an order of
(b) Compels a person to change residence
release or of commitment of prisoner.) [Sayo v.
(c) Offender is not authorized to do so by law.
Chief of Police (1948)]

The elements of custodial investigation are: The city mayor of Manila committed the crime of
(1) The suspect is deprived of liberty in any expulsion when he ordered certain prostitutes to
significant manner; be transferred to Davao WITHOUT observing
due process since they have not been charged
(2) The interrogation is initiated by law
enforcement authorities; with any crime. [Villavicencio v. Lukban (1919)]
(3) The interrogation is inculpatory in character.
[People v. Tan (1998)]

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The right to return to one’s country is not among (2) Search of moving vehicles;
the rights specifically guaranteed in the Bill of (3) Evidence in plain view;
Rights, which treats only of the Liberty of Abode (4) Stop and frisk;
and the right to travel. (5) Customs searches; AND
(6) Consented warrantless search.
However, it is a well-settled view that the right to
return may be considered as a generally accepted [M]ere suspicion or a hunch will not validate a
principle of international law and, under the "stop and frisk."
Constitution, forms part of the law of the land.
However, it is distinct and separate from the A genuine reason must exist, in light of the
right to travel. police officer's experience and surrounding
conditions, to warrant the belief that the person
The constitutional guarantees invoked by the detained has weapons concealed about him.
Marcoses are neither absolute nor inflexible for
the exercise of such freedoms has limits and Finally, a "stop-and-frisk" serves a two-fold interest:
must adjust to the concerns which involve the (1) The general interest of effective crime
public interest.[Marcos v. Manglapus (1989)] prevention and detection, which underlies
the recognition that a police officer may,
ARTICLE 128 - VIOLATION OF under appropriate circumstances and in an
DOMICILE Acts punished: appropriate manner, approach a person for
purposes of investigating possible criminal
(1) Entering any dwelling against the will of the
behavior even without probable cause; and
owner thereof
(2) Searching papers or other effects found therein
(2) The more pressing interest of safety and
without the previous consent of such owner, OR
self-preservation which permit the police
officer to take steps to assure himself that
(3) Refusing to leave the premises, after having
the person with whom he deals is not armed
surreptitiously entered said dwelling and after
with a deadly weapon that could
having been required to leave the same
unexpectedly and fatally be used against the
police officer. [Malacat v. CA (1997)]
Elements COMMON to the three acts:
(1) Offender is a public officer or employee
“Against the will” means that the offender
(2) He is not authorized by judicial order –
ignored the prohibition of the owner which may
(a) To enter the dwelling;
be express or implied as when the door is
(b) To make a search therein for papers or
closed even though not locked. [Boado,
other effects; or
Comprehensive Reviewer in Criminal Law]
(c) He refuses to leave, after having
surreptitiously entered such dwelling
The offender must be a public officer or employee.
and been required to leave the same
If the offender is a private individual then the crime
is trespass to dwelling under Article 280.
Qualifying circumstances:
(1) Night time
ARTICLE 129 - SEARCH WARRANTS
(2) Papers or effects not constituting evidence
MALICIOUSLY OBTAINED, AND ABUSE IN THE
of a crime are not returned immediately after
SERVICE OF THOSE LEGALLY OBTAINED
the search made by the offender.
Elements of procuring a search warrant
RULE 113 OF THE REVISED RULES OF COURT: a without just cause:
public officer, who breaks into the premises, incurs no (1) Offender is a public officer or employee
liability WHEN a person to be arrested enters said (2) He procures a search warrant
premises and closes it thereafter, provided that the (3) There is no just cause
officer first gives a notice of arrest.
Elements of exceeding authority or using
The public officer should have first given notice unnecessary severity in executing a search
of an arrest. warrant legally procured:
(1) Offender is a public officer or employee
According to People vs. Doria (1999) and People (2) He has legally procured a search warrant
vs. Elamparo (2000), the following are the (3) He exceeds his authority or uses
accepted exceptions to the warrant requirement: unnecessary severity in executing the same.
(1) Search incidental to an arrest;

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ARTICLE 130 - SEARCHING DOMICILE (1) leave a receipt in the place in which he
WITHOUT WITNESSES found the seized property;
Elements: (2) In the presence of at least two witnesses of
(1) Offender is a public officer or employee sufficient age and discretion residing in the
(2) He is armed with search warrant legally same locality.
procured
(3) He searches the domicile, papers or other ARTICLE 131 - PROHIBITION, INTERRUPTION
belongings of any person AND DISSOLUTION OF PEACEFUL MEETINGS
(4) The owner, or any members of his family, or Elements:
two witnesses residing in the same locality (1) Offender is a public officer or employee
are not present. (2) He performs any of the following acts:
(a) Prohibiting or interrupting, without legal
RULE 116: SEARCH AND SEIZURE ground, the holding of a peaceful
A search warrant is an order in writing - meeting, or by dissolving the same
(1) Signed by a judge (b) Hindering any person from joining any
(2) Directed to a peace officer, commanding him
lawful association, or from attending any
to search for personal property described
of its meetings
(c) Prohibiting or hindering any person from
therein and bring it before the court
addressing, either alone or together with
others, any petition to the authorities for the
Requisites for issuing a search warrant:
correction of abuses or redress of grievances
(1) Probable cause, in connection with one
specific offense, to be determined personally
The government has a right to require a permit before
by the judge AFTER examination under oath
any gathering can be made. HOWEVER, the
or affirmation of the complainant and the
witness he may produce government only has regulatory, NOT
(2) Particular description of: PROHIBITORY, powers with regard to such
(a) Place to be searched; AND requirement.
(b) Things to be seized which may be
anywhere in the Philippines The permit should state the day, time, and place
of the gathering.
An officer may break open any outer or inner door or If the permit is denied arbitrarily, OR the officer
window of a house or any part of a house or anything dictates the place where the meeting is to be
therein WHEN these circumstances concur: held, this article is VIOLATED.
(1) He is refused admittance to the place of
directed search; If in the course of the assembly, which started
out peacefully, the participants committed illegal
(2) His purpose is to execute the warrant to
liberate himself or any person lawfully aiding acts like oral defamation or inciting to sedition, a
him when unlawfully detained therein; and public officer or law enforcer can stop or
(3) He has given notice of his purpose and authority. dissolve the meeting.

The warrant must direct that it be served in the Two criteria to determine whether this article
daytime. HOWEVER, it can be served at any would be violated:
time of the day or night WHEN the affidavit (1) Dangerous tendency rule – applied during
asserts that the property is on the person or in times of national unrest such as to prevent
the place ordered to be searched. coup d’etat.
(2) Clear and present danger rule – applied
A search warrant shall be valid for ten (10) days during times of peace. Stricter rule.
from its date. Thereafter, it shall be void.
ARTICLE 132 - INTERRUPTION OF
The officer seizing the property under the warrant
RELIGIOUS WORSHIP
must give a detailed receipt for the same to the Elements:
lawful occupant of the premises in whose presence (1) Offender is a public officer or employee
the search and seizure were made. (2) Religious ceremonies or manifestations of any
religion are about to take place or are going on
In the absence of such occupant, the officer must: (3) Offender prevents or disturbs the same

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RA 9372 : HUMAN SECURITY ACT


Circumstances qualifying the offense: if the PERIOD OF DETENTION
crime is committed with violence or threats. SEC. 18. Period of Detention Without Judicial Warrant
of Arrest. – The provisions of Article 125 of the
ARTICLE 133 - OFFENDING THE RELIGIOUS Revised Penal Code to the contrary notwithstanding,
FEELINGS any police or law enforcement personnel, who, having
been duly authorized in writing by the Anti-Terrorism
Elements:
Council has taken custody of a person charged with
(1) Acts complained of were performed in a place
or suspected of the crime of terrorism or the crime of
devoted to religious worship, OR during the
conspiracy to commit terrorism shall, without incurring
celebration of any religious ceremony
any criminal liability for delay in the delivery of
(2) The acts must be notoriously offensive to
detained persons to the proper judicial authorities,
the feelings of the faithful.
deliver said charged or suspected person to the
proper judicial authority within a period of three (3)
In the phrase “in a place devoted to religious
days counted from the moment the said charged or
worship,” it is not necessary that there is a religious
suspected person has been apprehended or arrested,
ceremony going on when the offender performs
detained, and taken into custody by the said police, or
acts notoriously offensive to the feelings of the
law enforcement personnel: Provided, That the arrest
faithful. The phrase “during the celebration” is
of those suspected of the crime of terrorism or
separated by the word “or” from the phrase “place
conspiracy to commit terrorism must result from the
devoted to religious worship,” which indicates that
surveillance under Section 7 and examination of bank
the “religious ceremony” need not be celebrated in
deposits under Section 27 of this Act.
a place of worship. [Reyes (2008)]

Jurisprudence:
The police or law enforcement personnel concerned
A Catholic priest complained against a group that
shall, before detaining the person suspected of the
passed by the churchyard as they were holding the
crime of terrorism, present him or her before any
funeral rites of a Church of Christ member.
judge at the latter’s residence or office nearest the
place where the arrest took place at any time of the
An act is NOTORIOUSLY OFFENSIVE to the
day or night. It shall be the duty of the judge, among
religious feelings when a person:
other things, to ascertain the identity of the police or
(1) Ridicules or makes light of anything
law enforcement personnel and the person or persons
constituting religious dogma
they have arrested and presented before him or her,
(2) Works or scoffs at anything devoted to
to inquire of them the reasons why they have arrested
religious ceremonies
the person and determine by questioning and
(3) Plays with or damages or destroys any
personal observation whether or not the suspect has
object of veneration of the faithful
been subjected to any physical, moral or
psychological torture by whom and why. The judge
WON an act is offensive to the religious feelings, is a
shall then submit a written report of what he/she had
question of fact which must be adjudged only
observed when the subject was brought before him to
according to the feelings of the Catholics and not
the proper court that has jurisdiction over the case of
those of other faithful ones. [People v. Baes (1939)]
the person thus arrested. the judge shall forthwith
submit his/her report within three (3) calendar days
Laurel Dissent: The determination should NOT be
from the time the suspect was brought to his/her
made to depend upon a more or less broad or
residence or office.
narrow conception of any given religion. Facts and
circumstances should be viewed through an
Immediately after taking custody of a person
unbiased judicial criterion. (Note: This later became
charged with or suspected of the crime of terrorism
the majority decision in People v. Tengson)
or conspiracy to commit terrorism, the police or law
The crime is only UNJUST VEXATION when the act enforcement personnel shall notify in writing the
is NOT directed at the religious belief itself and there
judge of the court nearest the place of
apprehension or arrest: Provided, That where the
is no intention of causing so serious a disturbance as
arrest is made during Saturdays, Sundays,
to interrupt a religious ceremony. [People v. Nanoy]
holidays or after office hours, the written notice
shall be served at the residence of the judge
nearest the place where the accused was arrested.

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The penalty of ten (10) years and one day to twelve (5) The submersion of the head in water or
(12) years of imprisonment shall be imposed water polluted with excrement, urine, vomit
upon the police or law enforcement personnel and/or blood until the brink of suffocation;
who fails to notify any judge as provided in the
preceding paragraph. (6) Being tied or forced to assume fixed and
stressful bodily position;
SEC. 19.Period of Detention in the Event of an Actual
or Imminent Terrorist Attack. In the event of an actual (7) Rape and sexual abuse, including the
or imminent terrorist attack, suspects may not be insertion of foreign objects into the sex organ or
detained for more than three (3) days without the rectum, or electrical torture of the genitals;
written approval of a municipal, city, provincial or
regional official of a Human Rights Commission or (8) Mutilation or amputation of the essential parts
judge of the municipal, regional trial court, the of the body such as the genitalia, ear, tongue, etc.;
Sandiganbayan or a justice of the Court of Appeals
nearest the place of the arrest. If the arrest is made (9) Dental torture or the forced extraction of the
during Saturdays, Sundays, holidays or after office teeth;
hours, the arresting police or law enforcement
personnel shall bring the person thus arrested to the (10)Pulling out of fingernails;
residence of any of the officials mentioned above that
is nearest the place where the accused was arrested. (11) Harmful exposure to the elements such as
The approval in writing of any of the said officials shall sunlight and extreme cold;
be secured by the police or law enforcement
personnel concerned within five (5) days after the (12) The use of plastic bag and other materials
date of the detention of the persons concerned: placed over the head to the point of asphyxiation;
Provided, however, That within three (3) days after
the detention the suspects, whose connection with the (i) The administration or drugs to induce
terror attack or threat is not established, shall be confession and/or reduce mental competency; or
released immediately.
(ii) The use of drugs to induce extreme pain or
certain symptoms of a disease; and
RA 9745: ANTI-TORTURE ACT
PUNISHABLE ACTS
(14) Other analogous acts of physical torture; and
Section 4. Acts of Torture. - For purposes of this
Act, torture shall include, but not be limited to, (b) "Mental/Psychological Torture" refers to acts
the following: committed by a person in authority or agent of a
person in authority which are calculated to affect
(a) Physical torture is a form of treatment or or confuse the mind and/or undermine a
punishment inflicted by a person in authority or person's dignity and morale, such as:
agent of a person in authority upon another in
his/her custody that causes severe pain, (1) Blindfolding;
exhaustion, disability or dysfunction of one or
more parts of the body, such as: (2) Threatening a person(s) or his/her relative(s)
with bodily harm, execution or other wrongful acts;
(1) Systematic beating, headbanging, punching,
kicking, striking with truncheon or rifle butt or other (3) Confinement in solitary cells or secret
similar objects, and jumping on the stomach; detention places;
(2) Food deprivation or forcible feeding with (4) Prolonged interrogation;
spoiled food, animal or human excreta and other
stuff or substances not normally eaten; (5) Preparing a prisoner for a "show trial", public
display or public humiliation of a detainee or
(3) Electric shock; prisoner;
(4) Cigarette burning; burning by electrically heated (6) Causing unscheduled transfer of a person
rods, hot oil, acid; by the rubbing of pepper or other deprived of liberty from one place to another,
chemical substances on mucous membranes, or creating the belief that he/she shall be
acids or spices directly on the wound(s); summarily executed;

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corresponding data on the prisoners or detainees


(7) Maltreating a member/s of a person's family; incarcerated or detained therein such as, among
others, names, date of arrest and incarceration, and
(8) Causing the torture sessions to be witnessed the crime or offense committed. This list shall be
by the person's family, relatives or any third party; made available to the public at all times, with a copy
of the complete list available at the respective national
(9) Denial of sleep/rest; headquarters of the PNP and AFP. A copy of the
complete list shall likewise be submitted by the PNP,
(10) Shame infliction such as stripping the AFP and all other law enforcement agencies to the
person naked, parading him/her in public places, Commission on Human Rights (CHR), such list to be
shaving the victim's head or putting marks on periodically updated, by the same agencies, within the
his/her body against his/her will; first five (5) days of every month at the minimum.
Every regional office of the PNP, AFP and other law
(11) Deliberately prohibiting the victim to enforcement agencies shall also maintain a similar list
communicate with any member of his/her family; far all detainees and detention facilities within their
and respective areas, and shall make the same available
to the public at all times at their respective regional
(12) Other analogous acts of headquarters, and submit a copy. updated in the
mental/psychological torture. same manner provided above, to the respective
regional offices of the CHR.
Section 5. Other Cruel, Inhuman and Degrading
Treatment or Punishment. - Other cruel, inhuman or WHO ARE LIABLE
degrading treatment or punishment refers to a Section 13. Who are Criminally Liable. - Any
deliberate and aggravated treatment or punishment person who actually participated Or induced
not enumerated under Section 4 of this Act, inflicted another in the commission of torture or other
by a person in authority or agent of a person in cruel, inhuman and degrading treatment or
authority against another person in custody, which punishment or who cooperated in the execution
attains a level of severity sufficient to cause suffering, of the act of torture or other cruel, inhuman and
gross humiliation or debasement to the latter. The degrading treatment or punishment by previous
assessment of the level of severity shall depend on all or simultaneous acts shall be liable as principal
the circumstances of the case, including the duration
of the treatment or punishment, its physical and Any superior military, police or law enforcement
mental effects and, in some cases, the sex, religion, officer or senior government official who issued
age and state of health of the victim. an order to any lower ranking personnel to
commit torture for whatever purpose shall be
Section 6. Freedom from Torture and Other Cruel, held equally liable as principals.
Inhuman and Degrading Treatment or Punishment,
An Absolute Bight. - Torture and other cruel, The immediate commanding officer of the unit
inhuman and degrading treatment or punishment concerned of the AFP or the immediate senior public
as criminal acts shall apply to all circumstances. A official of the PNP and other law enforcement
state of war or a threat of war, internal political agencies shall be held liable as a principal to the
instability, or any other public emergency, or a crime of torture or other cruel or inhuman and
document or any determination comprising an degrading treatment or punishment for any act or
"order of battle" shall not and can never be invoked omission, or negligence committed by him/her that
as a justification for torture and other cruel, shall have led, assisted, abetted or allowed, whether
inhuman and degrading treatment or punishment. directly or indirectly, the commission thereof by
his/her subordinates. If he/she has knowledge of or,
Section 7. Prohibited Detention. - Secret detention owing to the circumstances at the time, should have
places, solitary confinement, incommunicado or known that acts of torture or other cruel, inhuman and
other similar forms of detention, where torture may degrading treatment or punishment shall be
be carried out with impunity. Are hereby prohibited. committed, is being committed, or has been
committed by his/her subordinates or by others within
In which case, the Philippine National Police (PNP), his/her area of responsibility and, despite such
the Armed Forces of the Philippines (AFP) and other knowledge, did not take preventive or corrective
law enforcement. agencies concerned shall make an action either before, during or immediately after its
updated list of all detention centers and facilities commission, when he/she has the authority to prevent
under their respective jurisdictions with the or investigate allegations of torture or other

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cruel, inhuman and degrading treatment or (18) Article 150 - Disobedience to Summons Issued
punishment but failed to prevent or investigate by Congress, Its Committees or Subcommittees,
allegations of such act, whether deliberately or due by the Constitutional Commissions, Its
to negligence shall also be liable as principals. Committees, Subcommittees or Divisions
(19)Article 153 - Tumults and Other
Any public officer or employee shall be liable as Disturbances of Public Order
an accessory if he/she has knowledge that (20)Article 151 - Resistance and Disobedience
torture or other cruel, inhuman and degrading to a Person in Authority or the Agents of
treatment or punishment is being committed and Such Persons
without having participated therein, either as (21)Article 154 - Unlawful Use of Means of
principal or accomplice, takes part subsequent Publication and Unlawful Utterances
to its commission in any of the following manner: (22)Article 156 - Delivering Persons from Jail
(23)Article 155 - Alarms and Scandals
(a) By themselves profiting from or assisting the (24)Article 157 - Evasion of Service of Sentence
offender to profit from the effects of the act of (25)Article 159 - Other Cases of Evasion of
torture or other cruel, inhuman and degrading Service of Sentence
treatment or punishment; (26) Article 158 - Evasion of Service of Sentence
on the Occasion of Disorders, Conflagrations,
(b) By concealing the act of torture or other cruel, Earthquakes, or Other Calamities
inhuman and degrading treatment or punishment (27)Article 160 - Quasi Recidivism
and/or destroying the effects or instruments thereof
in order to prevent its discovery; or(c) By harboring,
CHAPTER I - REBELLION, COUP D’ETAT,
concealing or assisting m the escape of the
SEDITION AND DISLOYALTY
principal/s in the act of torture or other cruel,
inhuman and degrading treatment or punishment:
ARTICLE 134 - REBELLION /INSURRECTION
Provided, That the accessory acts are done with
the abuse of the official's public functions. Elements:
(1) There is a public uprising and taking arms
against the government;
(2) The purpose of the uprising or movement is:
(a) To remove from the allegiance to the
Title III. Crimes against government or its laws the Philippine
territory or any part thereof, or any body
Public Order of land, naval, or other armed forces; or
(b) To deprive the Chief Executive or
(1) Article 134 - Rebellion/Insurrection Congress, wholly or partially, of any of
(2) Article 134-A - Coup d’ État their powers or prerogatives
(3) Article 135 - Penalty for Rebellion, Insurrection or
Coup d’ État Rule on Complexing of Rebellion: Rebellion
(4) Article 136 - Conspiracy and Proposal to cannot be complexed with, but absorbs other
Commit Coup d’ État, Rebellion or Insurrection crimes committed in furtherance of rebellion.
(5) Article 137 - Disloyalty of Public Officers or There is no complex crime of rebellion with
Employees murder and other common crimes.
(6) Article 138 - Inciting to Rebellion or Insurrection
(7) Article139 – Sedition Jurisprudence:
(8) Article141 - Conspiracy to Commit Sedition The doctrine laid down in People v. Hernandez
(9) Article142 – Inciting to Sedition remains good law. This prohibits the complexing of
(10) Article140 - Persons Liable for Sedition rebellion with any other offense committed in the
(11) Article 143 - Acts Tending to Prevent the occasion thereof, either as a means to its commission
Meeting of the Congress of the Philippines or as an unintended effect of an activity that
and Similar Bodies constitutes rebellion. [Enrile v Salazar (1990)]
(12) Article 144 - Disturbance of Proceedings
(13) Article 145 - Violation of Parliamentary Immunity All crimes, whether punishable under special or
(14) Article 146 - Illegal Assemblies general law, which are mere components or
(15) Article 147 - Illegal Associations ingredients, or committed in furtherance thereof,
(16) Article 148 - Direct Assault become absorbed in the crime of rebellion and
(17) Article 149 - Indirect Assault

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cannot be isolated and charged as separate Rebellion vs. Sedition


crimes themselves.[Ponce Enrile v Amin (1990)] Rebellion Sedition
Both motive and overt acts are essential components There must be taking up It is sufficient that the
of the crime of rebellion. If the political motive of a of arms against the public uprising be
supposedly rebellious act cannot be sufficiently government. tumultuous.
proven, the accused should be convicted of the
The purpose is always The purpose may be
common crime (e.g. murder) and not of rebellion.
political. political or social.
Rebellion is not covered by Art. 2 on extraterritorial
jurisdiction. [People v. Lovedioro (1995)] NOTE : When any of the objectives of rebellion is
pursued but there is no public uprising in the legal
Rebellion vs. Insurrection sense, the crime is direct assault of the first form.
Rebellion Insurrection ARTICLE 134-A - COUP D’ ÉTAT
Object is to completely A movement seeking to Elements:
overthrow and supplant effect some change of (1) Offender is a person or persons belonging to
the existing government minor importance or to the military or police or holding any public
prevent the exercise of office or employment;
governmental authority (2) It is committed by means of a swift attack
with respect to particular accompanied by violence, intimidation,
matters or subjects threat, strategy or stealth;
(3) The attack is directed against the duly
Rebellion vs. Treason constituted authorities of the Republic of the
Philippines, or any military camp or installation,
Rebellion Treason communication networks, public utilities or
The levying of war against The levying of war against other facilities needed for the exercise and
the government during the government would continued possession of power;
peace time for any constitute treason when (4) The purpose of the attack is to seize or
purpose mentioned in Art. performed to aid the diminish state power.
134 enemy; it would also
constitute adherence to Persons who may commit coup d’etat:
the enemy, giving him aid (1) It may be committed singly or collectively
and comfort (2) Requires as a principal offender a member
of the AFP, PNP, or a public officer with or
Always involves taking up Mere without civilian support
adherence to the
arms against the enemy giving him aid and The crime of coup d’etat may be committed with
government. comfort or without civilian participation.

NOTE: No crime of misprision of rebellion. Coup d’etat, when considered as Terrorism


A person who commits an act punishable as
Rebellion vs. Subversion coup d’etat under Article 134-A of the Revised
Rebellion Subversion Penal Code, including acts committed by private
persons, thereby sowing and creating a
Crime against public Crime against national condition of widespread and extraordinary fear
order security and panic among the populace, in order to
coerce the government to give in to an unlawful
There must be public Being officers and ranking
uprising to overthrow the members of subversive demand shall be guilty of the crime of terrorism.
government groups constitute
ARTICLE 135 - PENALTY FOR REBELLION,
subversion
INSURRECTION OR COUP D’ ÉTAT
Persons liable for rebellion, insurrection or coup d'etat
NOTE: There is no longer a crime of subversion
by virtue of RA 7636, which repealed RA 1700. (1) The leaders:
(a) Any person who promotes, maintains or
heads a rebellion or insurrection; or
(b) Any person who leads, directs or commands

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Mode 2: Proposal to commit coup d’état,


Conspiracy Proposal
rebellion or insurrection
when two or more when the person who has
persons come to an decided to rise publicly Elements:
agreement to rise publicly and take arms against the (1) A person has decided to swiftly attack or to
and take arms against government for any of the rise publicly and take arms against the
government for any of the purposes of rebellion Government for any of the purposes of
purposes of rebellion and proposes its execution to rebellion or insurrection;
decide to commit it some other person or (2) Such person proposes its execution to some
persons other person or persons

ARTICLE 137 - DISLOYALTY OF PUBLIC OFFICERS OR


others to undertake a coup d'etat; EMPLOYEES
(2) The participants:
(a) Any person who participates or Elements:
executes the commands of others in (1) Offender is a public officer or employee;
rebellion or insurrection; (2) Offender commits any of the following acts:
(b) Any person in the government service (a) Failing to resist a rebellion by all the
who participates or executes directions means in their power;
or commands of others in undertaking a (b) Continuing to discharge the duties of their
coup d’etat; offices under the control of the rebels
(c) Any person not in the government service (c) Accepting appointment to office under
who participates, supports, finances, abets them.
or aids in undertaking a coup d'etat.
(d) If under the command of unknown leaders, The crime presupposes rebellion committed by
any person who directed the others, spoke other persons. Offender must not be in
for them, signed receipts and other conspiracy with the rebels. Effect of conspiracy:
documents issued in their name on behalf of Public officer is himself guilty of rebellion.
the rebels shall be deemed a leader.
ARTICLE 138 - INCITING TO REBELLION OR INSURRECTION
It is not a defense in rebellion that the accused never Elements:
took the oath of allegiance to, or that they never (1) Offender does not take arms or is not in
recognized the Government. [US vs. del Rosario] open hostility against the government;
(2) He incites others to the execution of any of
Mere silence or omission is not punishable in the acts of rebellion;
rebellion. [US vs. Ravidas] (3) The inciting is done by means of speeches,
proclamations, writings, emblems, banners or
There is no complex crime of rebellion with murder other representations tending to the same end.
and other common crimes. Acts committed in
furtherance of rebellion though crimes in NOTE: There is no crime of inciting to treason.
themselves are deemed absorbed in one single
crime of rebellion. [ Enrile vs. Amin (1990)] Inciting to Rebellion vs. Proposal to Commit
Rebellion
ARTICLE 136 - CONSPIRACY AND PROPOSAL TO COMMIT
Proposal to Commit
COUP D’ ÉTAT, REBELLION OR INSURRECTION Inciting to Rebellion
Rebellion
Mode 1: Conspiracy to commit coup d’état,
The offender induces another to commit
rebellion or insurrection
rebellion. Rebellion should not be actually
committed by the persons to whom it is proposed
Elements:
or who are incited. Otherwise, they become
(1) Two or more persons come to an agreement
principals by inducement in the crime of rebellion.
to swiftly attack or to rise publicly and take
arms against the Government for any of the The person who proposes There is no need that the
purposes of rebellion or insurrection; has decided to commit offender has decided to
(2) They decide to commit it. rebellion. commit rebellion.

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Proposal to Commit Sedition vs. Coup d’etat


Inciting to Rebellion
Rebellion Sedition Coup d’etat
The person who proposes The act of inciting is
There is no distinction as Offender belongs to the
done the execution of the crime publicly. uses
secret means. to who may commit; a military or police or
private individual may holding any public office
commit the offense or employment
ARTICLE 139 - SEDITION
Primary purpose is to To seize or to diminish
Elements:
(1) Offenders rise publicly and tumultuously; disturb public peace state power
(2) Offenders employ force, intimidation, or
other means outside of legal methods; Sedition vs. Treason
(3) Purpose is to attain any of the following objects: Sedition Treason
(a) To prevent the promulgation or
execution of any law or the holding of It is the raising of It is the violation by a
any popular election; commotions or subject of his allegiance
(b) To prevent the national government or disturbances in the State. to his sovereign.
any provincial or municipal government
or any public officer from exercising its A friction between the Philippine constabulary
or his functions, or prevent the and the Manila police escalated and resulted in
execution of an administrative order; the deaths of 6 policemen and 2 civilians and in
(c) To inflict any act of hate or revenge the serious injuries of 3 civilians.
upon the person or property of any
public officer or employee; The Court held that unlike the crime of rebellion,
(d) To commit, for any political or social common crimes committed in the occasion of
end, any act of hate or revenge against sedition are to be appreciated as separate
private persons or any social classes; crimes.[People v Cabrera (1922)]
(e) To despoil for any political or social end,
any person, municipality or province, or ARTICLE 140 - PERSONS LIABLE FOR SEDITION
the national government of all its (1) The leader of the sedition;
property or any part thereof. (2) Other person participating in the sedition

Tumultuous: If caused by more than three ARTICLE 141 - CONSPIRACY TO COMMIT SEDITION
persons who are armed or provided with the Elements:
means of violence. (Art. 163) (1) Two or more persons come to an agreement and
a decision to rise publicly and tumultuously to
The purpose of this crime is not the overthrowing of attain any of the objects of sedition;
the government but the violation of public peace. (2) They decide to commit it.
Under R.A. 8294, sedition absorbs the use of NOTE: There is no proposal to commit sedition.
unlicensed firearm as an element thereof;
hence, it is not an aggravating circumstance, ARTICLE 142 – INCITING TO SEDITION
and the offender can no longer be prosecuted
for illegal possession of firearm. (Boado, Mode 1. Inciting others to the
Comprehensive Reviewer in Criminal Law). accomplishment of any of the acts
which constitute sedition by means of
Sedition vs. Rebellion speeches, proclamations, writings,
emblems, etc.
Sedition Rebellion
There must be a public uprising. Elements:
(1) Offender does not take direct part in the
It is sufficient that the There must be taking up crime of sedition;
public uprising is of arms against the (2) He incites others to the accomplishment of any of
tumultuous. government. the acts which constitute sedition by means of
The purpose of the The purpose of the speeches, proclamations, writings, emblems,
offenders may be political offenders is always cartoons, banners, or other representations
or social political. tending towards the same end.

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Mode 2. Uttering seditious words or speeches CHAPTER II - CRIMES AGAINST POPULAR


which tend to disturb the public peace; REPRESENTATION

ARTICLE 143 - ACTS TENDING TO PREVENT THE


Mode 3. Writing, publishing, or circulating scurrilous
MEETING OF THE CONGRESS OF THE PHILIPPINES
libels against the government or any of the duly
AND SIMILAR BODIES
constituted authorities thereof, which tend to
disturb the public peace.
Elements:
(1) There is a projected or actual meeting of
Elements: Congress or any of its committees or
(1) Offender does not take part in the crime of subcommittees, constitutional committees or
sedition. divisions thereof, or of any provincial board
(2) He uttered words or speeches and writing, or city or municipal council or board;
publishing or circulating scurrilous libels and (2) Offender, who may be any person, prevents
that such meetings by force or fraud.
(a) Tend to disturb or obstruct any lawful
officer in conducting the functions of his ARTICLE 144 - DISTURBANCE OF PROCEEDINGS
office; Elements:
(b) Tend to instigate others to cabal and (1) There is a meeting of Congress or any of its
meet together for unlawful purposes; committees or subcommittees, constitutional
(c) Suggest or incite rebellious conspiracies commissions or committees or divisions
or riots; OR thereof, or of any provincial board or city or
(d) Lead or tend to stir up the people municipal council or board;
against the lawful authorities or to (2) Offender does any of the following acts:
disturb the peace of the community, the (a) He disturbs any of such meetings;
safety and order of the government. (b) He behaves while in the presence of
any such bodies in such a manner as to
Considering that the objective of sedition is to interrupt its proceedings or to impair the
express protest against the government and in respect due it.
the process creating hate against public officers,
any act that will generate hatred against the Complaint may be filed by a member of the
government or a public officer concerned or a legislative body. One who disturbs may also be
social class may amount to Inciting to Sedition. punished for contempt by Congress.

Article 142 is, therefore, quite broad. ARTICLE 145 - VIOLATION OF PARLIAMENTARY IMMUNITY

Mode 1: Using force, intimidation, threats,


Constitutional Tests relative to seditious words:
or frauds to prevent any member of
Clear and Present Danger Rule: The words must
Congress from attending the meetings of
be of such nature that by uttering them there is a
Congress or of any of its committees or
danger of a public uprising and that such danger
subcommittees, constitutional commissions
should be both clear and imminent. The danger
or committees or divisions thereof, or from
must not only be probable but very likely inevitable.
expressing his opinion or casting his vote;
Dangerous Tendency Rule: If the words used tend to Elements:
create a danger of public uprising, then those words (1) Offender uses force, intimidation, threats or
could properly be the subject of a penal clause fraud;
(2) The purpose of the offender is to prevent
The manifest, unmistakable tendency of the any member of Congress from:
dramatic play, in view of the time, place, and (a) Attending the meetings of the Congress
manner of its presentation, was to inculcate a or of any of its committees or
spirit of hatred and enmity against the American constitutional commissions;
people and the Government of the US in the (b) Expressing his opinion; OR
Philippines.[US v Tolentino (1906)] (c) Casting his vote.

Note: Offender in mode 1 is any person

Mode 2: Arresting or searching any member thereof


while Congress is in regular or special session,

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except in case such member has committed (2) Persons merely present at the meeting, who
a crime punishable under the Code by a must have a common intent to commit the
penalty higher than prision mayor.
felony of illegal assembly.

Elements: In the first form of illegal assembly, the persons


(1) Offender is a public officer of employee; present at the meeting must be armed. But the
(2) He arrests or searches any member of Congress; law does not require that all the persons present
(3) Congress, at the time of arrest or search, is must be armed. The unarmed persons present
in regular or special session; at the meeting are also liable.
(4) The member arrested or searched has not
committed a crime punishable under the Code Presumptions if a person carried an
by a penalty higher than prision mayor. unlicensed firearm:
(1) The purpose of the meeting insofar as he is
Parliamentary immunity does not protect members
concerned is to commit acts punishable
of Congress from responsibility in accordance with
under the RPC
(2) He is considered a leader or organizer of the
the disciplinary rules of Congress itself.
meeting.
1987 Constitution: Members of Congress cannot
be arrested for offenses punishable by a penalty NOTE: Not all persons present at the meeting of
less than prision mayor (6 yrs and 1 day to 12 the first form of illegal assembly must be armed.
yrs), while Congress is in session. They can be
ARTICLE 147 - ILLEGAL ASSOCIATIONS
prosecuted after Congress adjourns.
(1) Associations totally or partially organized for
CHAPTER III – ILLEGAL ASSEMBLIES AND the purpose of committing any of the crimes
ASSOCIATIONS punishable under the Code;
(2) Associations totally or partially organized for
ARTICLE 146 - ILLEGAL ASSEMBLIES
some purpose contrary to public morals.

Mode 1: Any meeting attended by armed persons Persons liable for illegal associations:
for the purpose of committing any of (1) Founders, directors and president of the
the crimes punishable under the Code; association;
(2) Mere members of the association.
Elements:
(1) There is a meeting, a gathering or group of Public Morals: matters which affect the interest
persons, whether in a fixed place or moving; of society and public convenience, not limited to
(2) The meeting is attended by armed persons; good customs
(3) The purpose of the meeting is to commit any
of the crimes punishable under the Code. Illegal Assemblies vs. Illegal Associations
Mode 2: Any meeting in which the audience, whether armed Illegal Assembly Illegal Association
or not, is incited to the commission of the crime
There must be an actual Actual meeting not
of treason, rebellion or insurrection, sedition, meeting or assembly necessary
or assault upon person in authority or his
agents.
What is punished are the What is punished is the
meeting and the act of forming or
Elements: attendance therein organizing the association
(1) There is a meeting, a gathering or group of Persons liable: Persons liable:
persons, whether in a fixed place or moving; (1) Organizers or leaders (1) Founders, directors,
(2) The audience, whether armed or not, is of the meeting president
incited to the commission of the crime of (2) Persons present (2) The members
treason, rebellion or insurrection, sedition or See also: BP 880 - Public Assembly Act of 1985
direct assault.

Persons liable for illegal assembly:


(1) The organizer or leaders of the meeting;

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CHAPTER IV - ASSAULT UPON AND corporation, board, or commission, shall be


RESISTANCE AND DISOBEDIENCE TO, deemed a person in authority.
PERSONS IN AUTHORITY AND THEIR AGENTS
“Directly vested with jurisdiction” means the power
ARTICLE 148 - DIRECT ASSAULT or authority to govern and execute the laws.
Mode 1. Without public uprising, by
employing force or intimidation for Teachers, professors and persons in charged
the attainment of any of the with the supervision of public or duly recognized
purposes enumerated in defining private schools, colleges and universities shall
the crimes of rebellion and sedition;
be deemed persons in authority, in applying the
provisions of Articles 148 and 151. For other
Elements: purposes, such as to increase the penalty by
reason of the aggravating circumstances where
(1) Offender employs force or intimidation;
a person in authority is involved, the teachers
(2) The aim of the offender is to attain any of
and professors are not persons in authority.
the purposes of the crime of rebellion or any
of the objects of the crime of sedition;
(3) There is no public uprising. When the assault results in the killing of that
agent or of a person in authority, the offense
committed is complex crime of direct assault
Mode 2. Without public uprising, by attacking,
with murder or homicide. The only time when it
by employing force or by seriously
is not complexed is when material consequence
intimidating or by seriously resisting
is a light felony, that is, slight physical injury.
any person in authority or any of his
Direct assault absorbs the lighter felony.
agents, while engaged in the
performance of official duties, or on
The force employed need not be serious when
occasion of such performance.
the offended party is a person in authority;
Elements:
Intimidation or resistance must be serious
(1) Offender makes an attack, employs force, whether the offended party is a person in
makes a serious intimidation, or makes a authority OR an agent of a person in authority
serious resistance;
(2) The person assaulted is a person in If the public officer is not a person in authority,
authority or his agent;
the assault on him is an aggravating
(3) At the time of the assault, the person in circumstance in Art. 14, no. 3 (rank). (Boado,
authority or his agent is engaged in the Comprehensive Reviewer in Criminal Law).
actual performance of official duties, OR that
he is assaulted by reason of the past
There must be however an intent to disregard
performance of official duties;
the victim’s rank.
(4) Offender knows that the one he is assaulting
is a person in authority or his agent in the
Gabutero was acting in the performance of his
exercise of his duties.
duties [as he was trying to pacify Dollantes who
(5) There is no public uprising.
was causing trouble] as barangay captain when
he was stabbed to death. Thus, the crime
The first form of direct assault is tantamount to committed was murder with assault upon a
rebellion or sedition, except that there is no person in authority.[People v. Dollantes (1987)]
public uprising.
ARTICLE 152 - PERSONS IN AUTHORITY AND AGENTS
Classifications of direct assault: simple and qualified.
OF PERSONS IN AUTHORITY

Assault is qualified when: Agents of a Person


Public Officer (Art. Persons in
(1) There is a weapon employed in the attack in Authority (Art.
207) Authority (Art. 152)
(2) The offender is a public officer 152)
(3) The offender lays hands on a public authority Any person who Any person Any person who, by
takes part in the directly vested direct provision of
“Person in authority” means any person directly performance of with jurisdiction, law or by election
vested with jurisdiction, whether as an individual public functions in whether as an or by appointment
or as a member of some court or governmental the government. individual or as a by competent

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Agents of a Person witnesses;


Public Officer (Art. Persons in
in Authority (Art.
207) Authority (Art. 152)
152) Mode 2. By refusing to be sworn or placed under
member of some authority, is affirmation while being before such legislative
court or charged with the or constitutional body or official;
governmental maintenance of
corporation, board public order and Mode 3. By refusing to answer any legal inquiry
or commission. the protection and or to produce any books, papers,
security of life and documents, or records in his
property. possession, when required by them to
do so in the exercise of their functions;
Teachers, lawyers and heads of schools recognized
by government are persons in authority only for Mode 4. By restraining another from
purposes of Art. 152 in relation to Arts. 148 and 151, attending as a witness in such
and in connection with their duties. legislative or constitutional body;

A person in authority includes a barangay chairman Mode 5. By inducing disobedience to a


and members of the Lupong Tagapagkasundo as summons or refusal to be sworn by
provided under the Local Government Code. [Boado] any such body or official.

The status as a person in authority being a matter The testimony of a person summoned must be
of law, ignorance thereof is no excuse. upon matters into which the legislature has
jurisdiction to inquire.
ARTICLE 149 - INDIRECT ASSAULT
ARTICLE 151 - RESISTANCE AND DISOBEDIENCE TO A
Elements:
(1) A person in authority or his agent is the PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSONS

victim of any of the forms of direct assault Mode 1: Resistance and serious disobedience
defined in Article 148;
(2) A person comes to the aid of such authority Elements:
or his agent; (1) A person in authority or his agent is
(3) Offender makes use of force or intimidation engaged in the performance of official duty
upon such person coming to the aid of the or gives a lawful order to the offender;
authority or his agent. (2) Offender resists or seriously disobeys such
person in authority or his agent;
Indirect assault can only be committed when a (3) The act of the offender is not included in the
direct assault is also committed. provision of Articles 148, 149 and 150.

Article 152 clothes any person who comes to the Mode 2: Simple disobedience
aid of a person in authority with the fiction of an
agent of a person in authority. Elements:
(1) An agent of a person in authority is engaged
Any assault on him on the occasion of his aiding a in the performance of official duty or gives a
person in authority or his agent is indirect assault. lawful order to the offender;
(2) Offender disobeys such agent of a person in
ARTICLE 150 - DISOBEDIENCE TO SUMMONS ISSUED BY authority;
CONGRESS, ITS COMMITTEES OR SUBCOMMITTEES, BY (3) Such disobedience is not of a serious nature
THE CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES,
SUBCOMMITTEES OR DIVISIONS Resistance and Serious Disobedience
The accused must have knowledge that the person
Mode 1. By refusing, without legal excuse, to obey
giving the order is a peace officer. [US vs. Bautista]
summons of Congress, its special or standing
committees and subcommittees, the
The disobedience contemplated consists in the
Constitutional Commissions and its failure or refusal to obey a direct order from the
committees, subcommittees or divisions, or by authority or his agent.
any commission or committee chairman or
member authorized to summon

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Simple Disobedience
In simple disobedience, the offended party must If done unconsciously or without intent to incite
be only an agent of a person in authority. The the listeners to rise to sedition or rebellion, this
order must be lawful. The disobedience should article applies.
not be of a serious nature.
If done with intent to commit rebellion or sedition:
Serious Disobedience vs. Direct Assault The crime is inciting to rebellion or sedition.
Serious Disobedience Direct Assault
Definition of “tumultuous”: If caused by more
Person in authority or his The person in authority than 3 persons who are armed or provided with
or agent must be in actual his agent must be the means of violence
performance of his duties engaged in
the Definition of “burying with pomp the body of a
performance of official person”: ostentatious display of a burial
duties or that he is
assaulted ARTICLE 154 - UNLAWFUL USE OF MEANS OF
PUBLICATION AND UNLAWFUL UTTERANCES
Committed only by Committed in four ways
resistingor seriously (see Art. 148, Mode 2 Mode 1. Publishing or causing to be published, by
disobeying a person in above) means of printing, lithography or any other
authority or his agent means of publication, as news any false
Use of force in resistance There is force employed news which may endanger the public order,
is not so serious, as there or cause damage to the interest or credit of
is no serious the State.

Mode 2. Encouraging disobedience to the law or


CHAPTER V - PUBLIC DISORDERS to the constituted authorities or
praising, justifying or extolling any act
ARTICLE 153 - TUMULTS AND OTHER DISTURBANCES punished by law, by the same means or
OF PUBLIC ORDER by words, utterances or speeches;

Mode 1: Causing any serious disturbance in a Mode 3: Maliciously publishing or causing to be


public place, office or establishment;
published any official document or
resolution without proper authority, or before
Mode 2: Interrupting or disturbing
performances, functions or gatherings, they have been published officially

or peaceful meetings, if the act is not


included in Arts. 131 and 132; Mode 4: Printing, publishing or distributing (or
causing the same) books, pamphlets,
Mode 3: Making any outcry tending to incite periodicals, or leaflets which do not
rebellion or sedition in any meeting, bear the real printer’s name, or which
association or public place; are classified as anonymous.

Mode 4: Displaying placards or emblems To be liable, the offender must know that the
which provoke a disturbance of news is false.
public order in such place;
Actual public disorder or actual damage to the credit
Mode 5: Burying with pomp the body of a of the State is not necessary. The mere possibility of
person who has been legally executed. causing such danger or damage is sufficient.

Serious disturbance must be planned or intended. ARTICLE 155 - ALARMS AND SCANDALS
This article applies if the disturbance is not caused Mode 1: Discharging any firearm, rocket, firecracker,
by a public officer; or, if it is committed by a public
or other explosive within any town or public
officer, he is a participant therein.
place, calculated to cause (which produces)
alarm or danger;
Definition of “outcry”: to shout subversive or
provocative words tending to stir up the people
to obtain by means of force or violence any of Mode 2: Instigating or taking an active part in any

the objects of rebellion or sedition. charivari or other disorderly meeting

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offensive to another or prejudicial criminally liable for leaving the penal institution
to public tranquility; only when there is evasion of the service of his
sentence, which can only be committed only by
Mode 3: Disturbing the public peace while a convict by final judgment.
wandering about at night or while
engaged in any other nocturnal
amusements; Offender is usually an outsider. The violation of
Article 156 is committed by a public officer when
Mode 4: Causing any disturbances or he is not the custodian of the prisoner at the
scandal in public places while
time the prisoner was made to escape. If the
offender is a public officer who had the prisoner
intoxicated or otherwise, provided
in his custody or charge, he is liable for infidelity
Art. 153 is not applicable.
in the custody of a prisoner under Article 223.
The crime “alarms and scandal” is only one crime.
If three persons are involved – a stranger, the
custodian and the prisoner – three crimes are
Scandal here does not refer to moral scandal;
committed:
that one is grave scandal in Article 200.
(1) Infidelity in the custody of prisoners
[public officer-custodian];
The essence of the crime is disturbance of
(2) Delivery of the prisoner from jail
public tranquility and public peace.
[stranger]; and
Disturbance of serious nature falls under Article
(3) Evasion of service of sentence [prisoner].
153, not under paragraph 4 of this article.
Cledera, as the governor, is the jailer of the Province.
Any kind of disturbance of public order where the
Esmeralda is the Assistant Provincial Warden. As
circumstance at the time renders the act offensive
public officials who have the custody or charge of the
to the tranquility prevailing, the crime is committed.
prisoner, they cannot be prosecuted under Art. 156.
Definition of charivari: includes a medley of
Art 223 would have applied; however, there is no
discordant voices, a mock serenade of
sufficient evidence to warrant their prosecution for
discordant noises made on kettles, tin, horns,
infidelity in the custody of prisoner. It is necessary
etc. designed to annoy or insult
that the public officer had consented to, or
connived in, the escape of the prisoner under his
NOTE: “Calculated to cause” should be “which
custody or charge. [Alberto v. Dela Cruz (1980)]
produces” alarm and danger according to the
correct translation of the RPC. Hence, the result,
CHAPTER VI - EVASION OF SERVICE OF
and not the intent, that counts. (Reyes)
SENTENCE
ARTICLE 156 - DELIVERING PRISONERS FROM JAIL
ARTICLE 157 - EVASION OF SERVICE OF SENTENCE
Elements:
Elements:
(1) There is a person confined in a jail or penal
(1) Offender is a convict by final judgment;
establishment;
(2) He is serving sentence which consists in the
(2) Offender removes therefrom such person, or
deprivation of liberty;
helps the escape of such person.
(3) He evades service of his sentence by
escaping during the term of his imprisonment.
If the prisoner who escapes is only a detention
prisoner, he does not incur liability from escaping if he
Qualifying circumstances as to penalty
does not know of the plan to remove him from jail. But
imposed if such evasion or escape takes place:
if such prisoner knows of the plot to remove him from
(1) By means of unlawful entry (this should be
jail and cooperates therein by escaping, he himself
“by scaling” - Reyes);
becomes liable for delivering prisoners from jail as a
(2) By breaking doors, windows, gates, walls,
principal by indispensable cooperation.
roofs or floors;
(3) By using picklock, false keys, disguise,
If the prisoner removed or whose escape is made
deceit, violence or intimidation; or
possible by the commission of the crime of
(4) Through connivance with other convicts or
delivering prisoner from jail is a detention prisoner,
employees of the penal institution.
such prisoner is not criminally liable. A prisoner is

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Evasion of service of sentence has three forms: If the prisoner fails to return within said 48 hours,
(1) By simply leaving or escaping from the there will be an additional penalty of 1/5 of the
penal establishment under Article 157; time still remaining to be served under the
(2) Failure to return within 48 hours after having left original sentence. In no case shall that penalty
the penal establishment because of a calamity, exceed six months.
conflagration or mutiny and such calamity,
conflagration or mutiny has been announced as Mutiny is one of the causes which may authorize a
already passed under Article 158; convict serving sentence in the penitentiary to leave
(3) Violating the condition of conditional pardon the jail provided he has not taken part in the mutiny.
under Article 159.
ARTICLE 159 - OTHER CASES OF EVASION OF
In leaving or escaping from jail or prison, that the SERVICE OF SENTENCE
prisoner immediately returned is immaterial. It Elements:
may be mitigating, but it will not absolve his (1) Offender was a convict;
criminal liability. (2) He was granted a conditional pardon by the
Chief Executive;
Not applicable to sentence executed by deportation (3) He violated any of the conditions of such pardon.
because the convict was not sentenced to
imprisonment and thereafter broke jail.
Violation of conditional pardon is a distinct
crime. In violation of conditional pardon, as a
Not applicable to sentence of destierro since rule, the violation will amount to this crime only if
Article 157 refers only to persons who are the condition is violated during the remaining
imprisoned in a penal institution and completely
period of the sentence.
deprived of their liberty.
Offender must be found guilty of subsequent offense
ARTICLE 158 - EVASION OF SERVICE OF SENTENCE ON THE
before he can be prosecuted under Article 159.
OCCASION OF DISORDERS, CONFLAGRATIONS,
[Torres vs. Gonzales]
EARTHQUAKES, OR OTHER CALAMITIES
Elements: If the condition of the pardon is violated when the
(1) Offender is a convict by final judgment, who remaining unserved portion of the sentence has
is confined in a penal institution; already lapsed, there will be no more criminal liability
(2) There is disorder, resulting from – for the violation. However, the convict maybe required
(a) conflagration; to serve the unserved portion of the sentence, that is,
(b) earthquake; continue serving original penalty.
(c) explosion;
(d) similar catastrophe; or Violation of Conditional Pardon vs. Evasion
(e) mutiny in which he has not participated; of Service of Sentence by Escaping
(3) He evades the service of his sentence by leaving Violation of Conditional Evasion of Service of
the penal institution where he is confined, on the
Pardon Sentence
occasion of such disorder or during the mutiny;
(4) He fails to give himself up to the authorities within Does not cause harm or An attempt at least to
48 hours following the issuance of a proclamation injury to the right of evade the penalty inflicted
by the Chief Executive announcing the passing another person nor does it by the courts upon
away of such calamity. disturb the public order; criminals and thus defeat
merely an infringement of the purpose of the law of
Leaving the penal establishment is not the basis the stipulated terms in either reforming or
of criminal liability. What is punished is the conditional pardon punishing them for having
failure to return within 48 hours after the passing disturbed the public
of the calamity, conflagration or mutiny had been order.
announced.

Under Article 158, those who return within 48


hours are given credit or deduction from the
remaining period of their sentence equivalent to
1/5 of the original term of the sentence.

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CHAPTER VII - COMMISSION OF ANOTHER If the violation of this section is in furtherance of


CRIME DURING SERVICE OF PENALTY or incident to, or in connection with the crime of
IMPOSED FOR ANOTHER PREVIOUS OFFENSE rebellion or insurrection, sedition, or attempted
coup d’etat, such violation shall be absorbed as
ARTICLE 160 - QUASI RECIDIVISM an element of the crime of rebellion, or
Elements: insurrection, sedition, or attempted coup d’etat.
(1) Offender was already convicted by final
judgment of one offense; The same penalty shall be imposed upon the
(2) He committed a new felony before beginning to owner, president, manager, director or other
responsible officer of any public or private firm,
serve such sentence or while serving the same.
company, corporation or entity, who shall willfully
or knowingly allow any of the firearms owned by
Quasi-recidivism is a special aggravating
such firm, company, corporation or entity to be
circumstance where a person, after having been
used by any person or persons found guilty of
convicted by final judgment, shall commit a new
violating the provisions of the preceding
felony before beginning to serve such sentence,
paragraphs or willfully or knowingly allow any of
or while serving the same. He shall be punished
them to use unlicensed firearms or firearms without
by the maximum period of the penalty
any legal authority to be carried outside of their
prescribed by law for the new felony.
residence in the course of their employment.
The first crime for which the offender is serving
sentence need not be a felony. [People vs. Peralta]
The penalty of arresto mayor shall be imposed
upon any person who shall carry any licensed
PD 1866 AS AMENDED BY RA 8294: ILLEGAL
firearm outside his residence without legal
POSSESSION OF FIREARMS
authority therefor.
Section 1. Unlawful manufacture, sale, acquisition,
disposition or possession of firearms or ammunition or
Sec. 2. Presumption of Illegal Manufacture of
instruments used or intended to be used in the
Firearms or Ammunition.— The possession of any
manufacture of firearms or ammunition.— The penalty
machinery, tool or instrument used directly in the
of prision correccional in its maximum period and a
manufacture of firearms or ammunition, by any
fine of not less than Fifteen thousand pesos
person whose business or employment does not
(P15,000) shall be imposed upon any person who
lawfully deal with the manufacture of firearms or
shall unlawfully manufacture, deal in, acquire,
ammunition, shall be prima facie evidence that such
dispose, or possess any low powered firearm, such
article is intended to be used in the unlawful/illegal
as rimfire handgun, .380 or .32 and other firearm of
manufacture of firearms or ammunition.
similar firepower, part of firearm, ammunition, or
machinery, tool or instrument used or intended to be
Sec. 3.Unlawful manufacture, sale, acquisition,
used in the manufacture of any firearm or
disposition or possession of explosives. — The
ammunition: Provided, That no other crime was
penalty of prision mayor in its maximum period
committed.
to reclusion temporal and a fine of not less than
Fifty thousand pesos (P50,000) shall be
The penalty of prision mayor in its minimum period
imposed upon any person who shall unlawfully
and a fine of Thirty thousand pesos (P30,000) shall
manufacture, assemble, deal in, acquire,
be imposed if the firearm is classified as high
dispose or possess hand grenade(s), rifle
powered firearm which includes those with bores
grenade(s), and other explosives, including but
bigger in diameter than .38 caliber and 9 millimeter
not limited to 'pillbox,' 'molotov cocktail bombs,'
such as caliber .40, .41, .44, .45 and also lesser
'fire bombs,' or other incendiary devices capable
calibered firearms but considered powerful such as
of producing destructive effect on contiguous
caliber .357 and caliber .22 center-fire magnum
objects or causing injury or death to any person.
and other firearms with firing capability of full
automatic and by burst of two or three: Provided,
When a person commits any of the crimes defined in
however, That no other crime was committed by
the Revised Penal Code or special laws with the use
the person arrested.
of the aforementioned explosives, detonation agents
or incendiary devices, which results in the death of
If homicide or murder is committed with the use
any person or persons, the use of such explosives,
of an unlicensed firearm, such use of an
detonation agents or incendiary devices shall be
unlicensed firearm shall be considered as an
considered as an aggravating circumstance.
aggravating circumstance.

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If the violation of this Sec. is in furtherance of, or incendiary device, shall not be a violation of this
incident to, or in connection with the crime of Section.
rebellion, insurrection, sedition or attempted
coup d'etat, such violation shall be absorbed as Provided, further, That the temporary, incidental,
an element of the crimes of rebellion, casual, harmless, or transient possession or
insurrection, sedition or attempted coup d'etat. control of any part, ingredient, machinery, tool or
instrument directly used in the manufacture,
The same penalty shall be imposed upon the owner, construction, assembly, delivery or detonation of
president, manager, director or other responsible any explosive or incendiary device for the sole
officer of any public or private firm, company, purpose of surrendering it to the proper authorities
corporation or entity, who shall willfully or knowingly shall not be a violation of this Section.
allow any of the explosives owned by such firm,
company, corporation or entity, to be used by any Provided, finally, That in addition to the instances
person or persons found guilty of violating the provided in the two (2) immediately preceding
provisions of the preceding paragraphs paragraphs, the court may determine the absence of
the intent to possess, otherwise referred to as
Sec. 3-A. Unlawful Manufacture, Sales, “animus possidendi”, in accordance with the facts and
Acquisition, Disposition, Importation or Possession circumstances of each case and the application of
of a Part, Ingredient, Machinery, Tool or Instrument other pertinent laws, among other things, Articles 11
Used or Intended to be Used for the Manufacture, and 12 of the Revised Penal Code, as amended.
Construction, Assembly, Delivery or Detonation.—
The penalty of reclusion perpetua shall be imposed Sec. 3-B. Penalty for the Owner, President, Manager,
upon any person who shall willfully and unlawfully Director or Other Responsible Officer of Any Public or
manufacture, assemble, deal in, acquire, dispose, Private Firm, Company, Corporation or Entity.— The
import or possess any part, ingredient, machinery, penalty of reclusion perpetua shall be imposed upon
tool or instrument of any explosive or incendiary the owner, president, manager, director or other
device, whether chemical, mechanical, electronic, responsible officer of any public or private firm,
electrical or otherwise, used or intended to be used company, corporation or entity, who shall willfully or
by that person for its manufacture, construction, knowingly allow any explosive or incendiary device or
assembly, delivery or detonation, where the parts thereof owned or controlled by such firm,
explosive or incendiary device is capable or is company, corporation or entity to be used by any
intended to be made capable of producing person or persons found guilty of violating the
destructive effect on contiguous objects or causing provisions of the preceding paragraphs.
injury or death to any person. Sec. 3-C. Relationship of Other Crimes with a
Violation of this Decree and the Penalty Therefor.—
Provided, That the mere possession of any part, When a violation of Section 3, 3-A or 3-B of this
ingredient, machinery, tool or instrument directly Decree is a necessary means for committing any of
used in the manufacture, construction, assembly, the crimes defined in the Revised Penal Code or
delivery or detonation of any explosive or special laws, or is in furtherance of, incident to, in
incendiary device, by any person whose business connection with, by reason of, or on occasion of any
activity, or employment does not lawfully deal with of the crimes defined in the Revised Penal Code or
the possession of such article shall be prima facie special laws, the penalty of reclusion perpetua and a
evidence that such article is intended to be used by fine ranging from One hundred Thousand pesos
that person in the unlawful/illegal manufacture, (P100,000.00)