CRIMINAL LAW 1

ATTY. SEDFREY M. CANDELARIA

Dean

ATTY. LILY K. GRUBA

Associate Dean for Continuing Legal Education and Bar Review Director

ATTY. GIOVANNI F. VALLENTE

Associate Dean for Student Affairs

ATTY. JORGE ALFONSO MELO

ATTY. ERDELYNE GO
Bar Review Executive Committee

LEILA S. LIM
Bar Review Secretariat

ATENEO CENTRAL BAR OPERATIONS 2013

ACADEMICS COMMITTEE

ATTY. GIOVANNI F. VALLENTE

Adviser, Criminal Law

Patricia Sta. Maria

Ana Marie Benedicto-Quijano
Academics Head

Mandy Therese Anderson

Nathan Oducado
Review Committee Heads

Maureen Macaraeg
Criminal Law Committee Head

Paolo Fondevilla
Understudy

Denise Marie Francisco

John Phillips Reposo
Criminal Law 1 Committee
 CRIMINAL LAW BOOK I

Table of Contents
I. FUNDAMENTAL PRINCIPLES .................................................................................................... 4
A. Fundamental Principles and Definition of Terms ............................................................................ 4
Difference between Mala in Se and Mala Prohibita ...................................................................................... 4
Construction of penal laws ............................................................................................................................ 4
B. Scope of Application and Characteristics of Philippine Criminal Law .............................................. 5
Generality ..................................................................................................................................................... 5
Territoriality .................................................................................................................................................. 5
Prospectivity ................................................................................................................................................. 6
C. Constitutional Limitations on the Power of Congress to Enact Penal Laws in the Bill of Rights ...... 7
Equal Protection ............................................................................................................................................ 7
Due Process ................................................................................................................................................... 7
Non-Imposition of Cruel and Unusual Punishment or Excessive Fines ........................................................... 7
Bill of Attainder ............................................................................................................................................. 7
Ex Post Facto Law .......................................................................................................................................... 7
Waiver of the Rights of the Accused .............................................................................................................. 7

II. FELONIES ................................................................................................................................ 7

A. Classification of Felonies ................................................................................................................. 8
B. Elements of Criminal Liability .......................................................................................................... 9
C. Impossible Crimes ......................................................................................................................... 11
D. Duty of the Court in Cases Where Acts Not Covered by the Law Must be Punished ..................... 11
E. Stages of Execution ....................................................................................................................... 12
F. Conspiracy and Proposal ............................................................................................................... 15
G. Classification of Felonies (According to Gravity) ........................................................................... 16
H. Offenses Not Subject to the Provisions of the Code ..................................................................... 17
I. Multiple Offenders ......................................................................................................................... 17
Recidivism ................................................................................................................................................... 17
Habituality (Reiteracion) ............................................................................................................................. 18
Multi-Recidivism or Habitual Delinquency .................................................................................................. 18
Quasi-Recidivism ......................................................................................................................................... 18
J. Continuous (Continued or Continuing) Complex Crimes vs. Special Complex Crimes .................... 19
K. Complex Crimes vs. Special Complex Crimes ................................................................................. 19

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III. CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY ........................................................ 23
A. Definitions .................................................................................................................................... 23
B. Justifying Circumstances ............................................................................................................... 23
C. Exempting Circumstances ............................................................................................................. 27
D. Mitigating Circumstances ............................................................................................................. 30
E. Aggravating Circumstances ........................................................................................................... 35
F. Alternative Circumstances ............................................................................................................. 51
G. Absolutory Causes ........................................................................................................................ 52

IV. PERSONS CRIMINALLY LIABLE/DEGREE OF PARTICIPATION ................................................ 53

A. Persons Criminally Liable for Grave and Less Grave Felonies ........................................................ 53
B. Persons Criminally Liable for Light Felonies .................................................................................. 53
C. Parties in All Crimes ...................................................................................................................... 53
D. Principal ........................................................................................................................................ 53
E. Accomplice .................................................................................................................................... 56
F. Accessory ...................................................................................................................................... 57
G. Persons Exempt from Criminal Liability ........................................................................................ 59

V. PENALTIES ............................................................................................................................ 60
A. General Principles ......................................................................................................................... 60
B. Purposes ....................................................................................................................................... 61
C. Classification ................................................................................................................................. 61
D. Duration and Effect....................................................................................................................... 63
E. Application .................................................................................................................................... 65
F. Execution and Service.................................................................................................................... 66
G. Distinguished From Preventive Imprisonment.............................................................................. 66

VI. MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY ................................................. 67

A. Extinction of Criminal Liability ...................................................................................................... 67
B. Partial Extinction of Criminal Liability ........................................................................................... 71
 CRIMINAL LAW BOOK I
I. FUNDAMENTAL PRINCIPLES b. Actus no facit reum, nisi mens sit rea - the act
cannot be criminal unless the mind is criminal
======================================
c. Actus me invite factus non est meus actus - an act
done by me against my will is not my act
(A) FUNDAMENTAL PRINCIPLES & DEFINITION OF d. Doctrine of Pro Reo - Whenever a penal law is to
TERMS be construed or applied and the law admits of
two interpretations – one lenient to the
1. CRIMINAL LAW offender and one strict to the offender – that
CRIMINAL LAW is that branch of municipal interpretation which is lenient or favorable to
law which defines crimes, treats of their the offender will be adopted.
nature and provides for their punishment.
i. Difference between Mala in Se and Mala
2. OTHER TERMS
Prohibita
a. CRIME - the commission or omission by a person
having capacity, of any act, which is either
MALA IN SE MALA PROHIBITA
prohibited or compelled by law and the
Wrongful from their nature Wrongful merely because
commission or omission of which is punishable by a
prohibited by state
proceeding brought in the name of the
So serious in their effects Violations of mere rules of
government whose law has been violated.
on society convenience
b. FELONY - a crime punished under the RPC
c. OFFENSE - a crime punished under a special law Intent governs Criminal intent is not
d. MISDEMEANOR - a minor infraction of law necessary where the acts
are prohibited for reasons
3. SOURCES OF PHILIPPINE CRIMINAL LAW of public policy
a. Revised Penal Code Good faith is a valid Good faith is not a defense
b. Special Penal Laws defense, unless the crime is
c. Penal Presidential Decrees issued during Martial the result of culpa
Law The degree of The act gives rise to a crime
accomplishment of the only when consummated
4. THEORIES IN CRIMINAL LAW crime is taken into account
a. Classical or Juristic Theory - The basis of criminal in punishing the offender
liability is human free will. The purpose of the Mitigating and aggravating Mitigating and aggravating
penalty is retribution in view of the voluntariness of circumstances are taken circumstances are generally
the act or omission of the offender. The emphasis into account not taken into account
is on the offense and not on the offender. Penalty is determined on Penalty on the offenders
the basis of the degree of are the same
b. Positivist of Realist Theory - Man is inherently participation of the
good but the offender is socially sick. The basis is offender
the sum of social and economic phenomena which There are 3 stages of There are no stages of
condition man to do wrong in spite of or contrary execution: attempted, execution
to his volition. The purpose of the penalty is frustrated, consummated
reformation and the emphasis is on the offender Penalties may be divided There is no division of
and not the offense into degrees and periods penalties

5. LEGAL MAXIMS ii. CONSTRUCTION OF PENAL LAWS

a. Nullum crimen nulle poena sine lege - there is no  Liberally construed in favor of offender
crime when there is no law that defines and o The offender must clearly fall within
punishes it the terms of the law.

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 o An act is criminal only when made so EXCEPTION: Article 2, RPC. [SCION]1
by the statute. a. Should commit an offense while on a Philippine Ship
 In cases of conflict with official translation, or airship
original Spanish text is controlling.
 No interpretation by analogy. REQUISITES:
i. The Philippine ship or airship must be duly
(B) SCOPE AND APPLICATION AND registered under the Philippine laws.
CHARACTERISTICS OF PHILIPPINE CRIMINAL LAW ii. The ship or airship must not be within the
territorial jurisdiction of another country,
1. GENERALITY otherwise the laws of that country will apply as a
The law is binding upon all persons who reside or sojourn rule.
in the Philippines, irrespective of age, sex, color, creed, or
personal circumstances. FOREIGN MERCHANT VESSELS
Note: The Philippines observes the English Rule
EXCEPTIONS: FRENCH RULE ENGLISH RULE
a. Treaty Stipulations GENERAL RULE
Example: RP-US Visiting Forces Accord
b. Laws on Preferential Application – There are some Crimes committed aboard a Crimes committed aboard a
laws that carve exceptions. This must be applied in foreign vessel within the foreign vessel within the
particular instances territorial waters of a country territorial waters of a
Example: R.A. 75 are NOT triable in the courts country are triable in the
Under R.A. 75, persons who are exempt from arrest and of such country. courts of such country.
imprisonment and whose properties are exempt from EXCEPTION
distraint, seizure and attachment are the following: When the crime merely
Crime affects the peace and
i. Ambassadors; affects things within the
security of the territory, or
ii. Public ministers; and vessel or refers to the
endangers the safety of the
iii. Domestic servants of ambassadors and internal management
state.
public ministers thereof.

Unless the person is a citizen or inhabitant of the
Philippines and the writ or process issued against him is
founded upon a debt contracted before he entered upon
such service or the domestic servant is not registered with
the Department of Foreign Affairs.
c. Principles of Public International Law
i. Examples: sovereigns or head of states,
ambassadors, ministers plenipotentiary and
ministers-resident, charges d’affairs and
attaches.
ii. Consuls, vice-consuls and other commercial
representatives of a foreign nation cannot
claim the privileges and immunities
accorded to ambassadors and ministers.
2. TERRITORIALITY
The law is applicable to all crimes committed within the
limits of the Philippine territory, which includes its
atmosphere, interior waters and maritime zone.
FOREIGN WARSHIPS - The nationality of such warship
determines the applicable penal laws to crimes committed
therein, as they are considered to be an extension of the
territory of the country to which they belong.
b. Should forge or Counterfeit any coin or currency
note of the Philippine Islands or obligations and
securities issued by the Government of the
Philippine Islands
c. Should be liable for acts connected with the
Introduction into these islands of the obligations
and securities mentioned in the presiding number
The rationale for the exceptions provided in pars. (2) and
(3) is to maintain and preserve the financial credit stability
of the state. It should be noted, however, that those who
introduced the counterfeit items are criminally liable even
if they were not the ones who counterfeited the said
1
Enclosed in [ ] are acronyms for memory
aid/retention.

CRIMINAL LAW REVIEWER Page 5 of 72

items. Conversely, those who counterfeited the said items
are criminally liable even if they did not introduce the
counterfeit items into the Philippines.
d. While being public Officers or employees, should
commit an offense in the exercise of their functions
The offense committed by a public officer abroad must
refer to the discharge of one’s functions. The exception
does not apply to public officers of the Philippine
government who enjoy diplomatic immunity because in
such a case the principles of public international law will
govern.
A crime committed within the grounds of a Philippine
embassy on foreign soil shall be subject to Philippine penal
laws, although it may or may not have been committed by
a public officer in relation to one’s official duties. Embassy
grounds are considered as extensions of the sovereignty of
the country occupying them.
Example of crimes included:
i. Direct bribery;
ii. Indirect bribery;
iii. Qualified bribery;
iv. Corruption;
v. Frauds against the public treasury;
vi. Possession of prohibited interest;
vii. Malversation of public funds or property;
viii. Failure of accountable officer to render
accounts;
ix. Failure to render accounts before leaving the
country;
x. Illegal use of public funds or property;
xi. Failure to make delivery of public funds or
property; and
xii. Falsification by a public officer or employee
committed with abuse of official position.
e. Should commit any of the crimes against National
security and the law of nations, defined in Title One
of Book Two of this Code – (treason, conspiracy and
proposal to commit treason, misprision of treason,
espionage, inciting to war or giving motives for
reprisals, violation of neutrality, correspondence
with hostile country, flight to enemy’s country,
piracy in general and mutiny in the high seas,
qualified piracy)
The rationale for the exception is to safeguard the
existence of the state. However, when rebellion, coup
d’état and sedition are committed abroad, the Philippine
CRIMINAL LAW REVIEWER
courts will not have jurisdiction because these are crimes
against public order. Nevertheless, terrorism under R.A.
9372 is now a crime against national security and the law
of nations.
EXCEPTION TO THE EXCEPTION: Penal laws are not
applicable within or without Philippine territory if so
provided in treaties and laws of preferential application.
3. PROSPECTIVITY
The law does not have any retroactive effect, except if it
favors the offender unless he is a habitual delinquent or
the law otherwise provides.
EXCEPTION:
If favorable to the offender, the law will have a
retroactive effect.
EXCEPTIONS TO THE EXCEPTION:
a. The offender is a habitual delinquent; and
b. The law otherwise provides.
EFFECTS OF REPEAL/AMENDMENT OF PENAL LAWS
a. If the repeal makes the penalty lighter in the
new law, the new law shall be applied
b. If the new law imposes a heavier penalty, the
law in force at the time of the commission of
the offense shall be applied
c. If the new law totally repeals the existing law
so that the act which was penalized under the
old law is no longer punishable or fails to
penalize the offense under the old law, the
crime is obliterated and the accused cannot
be convicted under the new law
 If repeal is by reenactment, even without
saving clause, or a repeal by implication,
it would not destroy criminal liability
d. A person erroneously accused and convicted
under a repealed statute may be punished
under the repealing statute, provided accused
had an opportunity to defend himself against
the charge
Page 6 of 72
(C) CONSTITUTIONAL LIMITATIONS ON THE POWER
OF CONGRESS TO ENACT PENAL LAWS IN THE BILL
OF RIGHTS
1. Equal Protection
The law must be general in application (Art. III, Sec. 1,
1987 Constitution)
2. Due Process
No person shall be held to answer for a criminal offense
without due process of law (Art. III, Sec. 14[1], 1987
Constitution)
3. Non-Imposition of Cruel and Unusual Punishment or
Excessive Fines
Excessive fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted (Art. III, Sec. 19[1], 1987
Constitution)
4. Bill of Attainder
The 1987 Constitution prohibits the Congress from passing
a bill of attainder. A bill of attainder is a legislative act
which inflicts punishment without trial. Its essence is the
substitution of a legislative act for a judicial determination
of guilt. People v. Ferrer, [G.R. Nos. L-32613-14,
December 27, 1972]
Example: Congress passes a law which authorizes the
arrest and imprisonment of communists without
benefit of a judicial trial. (p. 3, The Revised Penal Code,
Reyes, 2008).
5. Ex Post Facto Law
The 1987 Constitution prohibits the Congress from passing
an ex post facto law.
An ex post facto law is one which:
a. Makes criminal an act done before the
passage of the law and which was innocent
when done, and punishes such an act;
b. Aggravates a crime, or makes it greater than it
was, when committed;
c. Changes the punishment and inflicts a greater
punishment than the law annexed to the
crime when committed;
d. Alters the legal rules of evidence, and
authorized conviction upon less or different
testimony than the law required at the time of
the commission of the offense;
CRIMINAL LAW REVIEWER
e. Assumes to regulate civil rights and remedies
only, in effect imposes penalty or deprivation
of a right for something which when done was
lawful; and
f. Deprives a person accused of a crime some
lawful protection to which he has become
entitled (e.g. protection of a former conviction
or acquittal, proclamation of amnesty)
6. Waiver of the rights of the accused
The constitutional rights of the accused cannot be waived
except in writing and in the presence of counsel (Art. III,
Sec. 12[1], 1987 Constitution)
NOTE: A right which may be waived is the right of the
accused to confrontation and cross-examination. A right
which may not be waived is the right of the accused to be
informed of the nature and cause of the accusation. The
reason is that those rights which may be waived are
personal, while those rights which may not be waived
involve public interest which may be affected.
======================================
II. FELONIES
=================================
Art. 3. Definitions. — Acts and omissions punishable
by law are felonies (delitos).
Felonies are committed not only be means of deceit
(dolo) but also by means of fault (culpa).
There is deceit when the act is performed with
deliberate intent and there is fault when the wrongful
act results from imprudence, negligence, lack of
foresight, or lack of skill.
FELONIES are acts and omissions punishable by the
Revised Penal Code.
Elements of Felonies
1. There must be an act or omission
ACT means any bodily movement tending to produce
some effect in the external world (People vs Gonzales, G.R.
No. 80762, March 19, 1990), the possibility of its
production is sufficient. It must be at least an overt act of
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that felony, that is, an external act which has direct ii. A person who acts under the impulse of an
connection with the felony intended to be committed. uncontrollable fear of an equal or greater injury
is exempt from criminal liability.
OMISSION means inaction, the failure to perform a
positive duty which one is bound to do. There must be a b. Intelligence
law requiring the doing or performance of an act. i. It is the moral capacity to determine what is
right from what is wrong and to realize the
2. The act or omission must be punishable by the RPC consequences of one’s acts; and
It is based on the maxim, “nullum crimen, nulla poena sine ii. Factors that negate intelligence: minority,
lege,” that is, there is no crime when there is no law insanity, imbecility.
punishing it.
c. Intent
3. The act is performed or the omission incurred by i. It is presumed from the commission of an
means of dolo or culpa unlawful act. It is negated by mistake of facts.
Voluntariness is an element because (a) Art. 3 in referring ii. Intent presupposes the exercise of freedom and
to dolo states that the act is performed with “deliberate the use of intelligence.
intent” which implies that the act is voluntary or freely iii. If there is no intent there is no felony committed
committed; and (b) Art. 365 in referring to reckless by dolo but a felony may still exist if culpa is
imprudence expressly states that it is consists “in present.
voluntary but without malice” doing or failing to do an act. iv. Intent is a mental state, the existence of which is
shown by the overt acts of a person.
A criminal act is presumed voluntary. In the absence of v. When the accused is charged with intentional
indubitable explanation, the act must be declared felony, absence of criminal intent is a defense.
voluntary and punishable.
Compare General intent v. Specific Intent
Voluntariness (to incur criminal liability):
a. Intelligence; GENERAL INTENT SPECIFIC INTENT
b. Freedom of action; and An intention to do a wrong An intention to commit a
c. Intent to act. definite act
Presumed to exist from the Existence of the intent is
Compare Dolo (deceit) v. Culpa (fault) mere doing of a wrongful not presumed
act
DOLO CULPA The burden of proving the The burden of proving the
Involves malice or Results from negligence, absence of intent is upon existence of the intent is
deliberate intent imprudence, lack of the accused upon the prosecution, as
foresight or lack of skill such intent is an element of
Intentional Intent is replaced by fault the offense

(A) CLASSIFICATION OF FELONIES Intent and Motive, Distinguished

1. INTENTIONAL FELONIES INTENT MOTIVE

In intentional felonies, the act or omission of the offender The purpose to use a The reason which impels
is malicious. The act is performed with deliberate intent. particular means to effect one to commit an act for a
The offender, in performing the act or in incurring the such a result definite result
omission, has the intention to cause an injury to another. An element of a crime Not an element of a crime

REQUISITES:
a. Freedom
i. A person who acts under the compulsion of an MOTIVE, when relevant:
irresistible force is exempt from criminal liability; 1. The identity of a person accused of having committed
and a crime is in dispute;

CRIMINAL LAW REVIEWER Page 8 of 72

2. In ascertaining the truth between antagonistic
theories or versions of the killing;
3. The identification of the accused proceeds from
unreliable source and testimony is inconclusive and
not free from doubt;
4. There are no eyewitnesses to the crime, and where
suspicion is likely to fall upon a number of persons;
and
5. The evidence is merely circumstantial.
MISTAKE OF FACT
Ignorance or mistake of fact relieves the accused from
criminal liability. Mistake of fact is a misapprehension of
fact on the part of the person who caused injury to
another. He is not criminally liable, because he did not act
with criminal intent.
REQUISITES OF MISTAKE OF FACT:
1. The act done would have been lawful had the facts
been as the accused believed them to be;
2. The intention of the accused in performing the act
should be lawful; and
3. The mistake must be without fault or carelessness on
the part of the accused.
United States v. Ah Chong, [G.R. No. L-5272, March 19,
1910]
There is an innocent mistake of fact without any fault or
carelessness on the part of the accused, because, having
no time or opportunity to make any further inquiry, and
being pressed by circumstances to act immediately, the
accused had no alternative but to take the facts as they
then appeared to him, and such facts justified his act of
killing the deceased.
People v. Oanis, [G.R. No. L-47722, July 27, 1943]
The accused found no circumstances whatever which
would press them to immediate action. The person in the
room being then asleep, the accused had ample time and
opportunity to ascertain his identity without hazard to
themselves, and could effect a bloodless arrest if any
reasonable effort to that end had been made, as the
victim was unarmed.
2. CULPABLE FELONIES
In culpable felonies, the act or omission of the offender is
not malicious. The injury caused by the offender to
another person is “unintentional, it being simply the
incident of another act performed without malice.”
CRIMINAL LAW REVIEWER
REQUISITES:
a. Freedom;
b. Intelligence; and
c. Imprudence, negligence, or lack of foresight or lack
of skill.
i. Imprudence indicates a deficiency of action. It
usually involves lack of skill. Example: a person
fails to take the necessary precaution to avoid
injury to person or damage to property.
ii. Negligence indicates a deficiency of perception.
It usually involves lack of foresight. Example: a
person fails to pay proper attention and to use
diligence in foreseeing the injury or damage
impending to be caused.
3. THOSE PUNISHED BY SPECIAL LAWS
The third class of crimes, are those defined and penalized
by special laws which include crimes punished by
municipal or city ordinances. When the crime is punished
by a special law, as a rule, intent to commit the crime is
not necessary. It is sufficient that the offender has the
intent to perpetrate the act prohibited by the special law,
that is, it is enough that the prohibited act is done freely
and consciously.
When the doing of an act is prohibited by a special law, it
is considered that the act is injurious to public welfare and
the doing of the prohibited act is the crime itself.
(B) ELEMENTS OF CRIMINAL LIABILITY
1. An intentional felony has been committed
An intentional felony has been committed even if the
result is different from that intended:
If a man creates in another person’s mind an immediate
sense of danger, which causes such person to try to
escape, and in so doing, the latter injures himself, the man
who creates such a state of mind is responsible for the
resulting injuries. People v. Page, [G.R. No. L-37507, June 7,
1977] citing People v. Toling, [G.R. No. L-27097, Jan. 17,
1975, 62 SCRA 17, 33] - This ruling is consistent with
People v. Valdez, which laid this doctrine on incurring
criminal liability in the following words: “If a person
against whom criminal assault is directed reasonably
believes himself to be in danger of death or great bodily
harm and in order to escape, jumps into the water,
impelled by the instinct of self-preservation, the assailant
is responsible for homicide in case death results by
drowning.
Page 9 of 72

No felony is committed:
a. When the act or omission is not punishable by
the RPC; or
b. When the act is covered by any of the justifying
circumstances enumerated in Art. 11.
2. The wrong done to the aggrieved party be the direct,
natural and logical consequence of the felony committed
by the offender
A person is criminally responsible for acts committed by
him in violating of the law and for all the natural and
logical consequences resulting therefrom. U.S. v. Sornito,
[4 Phil. 357, 360]
Art. 4. Criminal liability. — Criminal liability shall be
incurred:
1) By any person committing a felony (delito)
although the wrongful act done be different
from that which he intended.
One who commits an intentional felony is responsible for
all the consequences which may naturally and logically
result therefrom, whether foreseen or intended or not.
The rationale of the rule is the maxim, “el que causa de la
causa es causa del mal causado” (he who is the cause of
the cause is the cause of the evil caused).
How criminal liability is incurred:
1. By committing an intentional felony even if the wrong
produced as a consequence thereof is not intended
by the offender; and
2. By committing an impossible crime.
PROXIMATE CAUSE
PROXIMATE CAUSE is that cause, which, in natural and
continuous sequence, unbroken by any efficient
intervening cause, produces the injury, and without which
the result would not have occurred. Bataclan v. Medina,
[G.R. No. L-10126, October 22, 1957, quoting 38 Am. Jur.
695] It is that acting first and producing the injury, either
immediately, or by setting other events in motion, all
constituting a natural and continuous chain of events,
each having a close causal connection with its immediate
predecessor.
CRIMINAL LAW REVIEWER
There must be a relation of “cause and effect,” the cause
being the felonious act of the offended, the effect being
the resulting injuries and/or death of the victim.
NATURAL refers to an occurrence in the ordinary course of
human life or events, while LOGICAL means that there is a
rational connection between the act of the accused and
the resulting injury or damage.
The felony committed is not the proximate cause of the
resulting injury when:
1. There is an active force that intervened between the
felony committed and the resulting injury, and the
active force is a distinct act or fact absolutely foreign
from the felonious act of the accused; or
2. The resulting injury is due to the intentional act of the
victim.
When death is presumed to be the natural consequence
of physical injuries inflicted:
1. The victim at the time of the physical injuries were
inflicted was in normal health;
2. Death may be expected from the physical injuries
inflicted; and
3. Death ensued within a reasonable time.
EFFECTIVE INTERVENING CAUSE
An EFFECTIVE INTERVENING CAUSE interrupts the natural
flow of events leading to one’s death. It may relieve the
offender from liability.
Not efficient intervening causes:
1. Weak or diseased physical condition of the
victim;
2. Nervousness or temperament of the victim;
3. Causes which are inherent in the victim;
4. Neglect of the victim or third person; and
5. Erroneous or unskillful medical or surgical
treatment.
Situations where a person committing a felony is still
criminally liable :
1. Error in personae: mistake in the identity of the
victim;
2. Aberratio ictus: mistake in the blow; and
3. Praeter intentionem: the injurious result is
greater than that intended.
(C) IMPOSSIBLE CRIMES
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Art. 4. Criminal liability. — Criminal liability shall be
incurred:
2) By any person performing an act which
would be an offense against persons or
property, were it not for the inherent
impossibility of its accomplishment or an
account of the employment of inadequate or
ineffectual means.
NOTE: The commission of an impossible crime is indicative
of criminal propensity or criminal tendency on the part of
the actor. Such a person is a potential criminal.
It must be shown that the actor performed the act with
evil intent, that is, he must have the intent to do an injury
to another.
c. Its accomplishment is inherently impossible or that the
means employed is either inadequate or ineffectual
In impossible crime, the act performed by the offender
cannot produce an offense against persons or property,
because: (1) the commission of the offense is inherently
impossible of accomplishment, or (2) the means is either
(a) inadequate or (b) ineffectual.

1. REQUISITES OF IMPOSSIBLE CRIMES d. The act performed should not constitute a violation of
another provision of the Revised Penal Code
a. The act performed would be an offense against
persons or property 2. INADEQUATE AND INEFFECTUAL MEANS

In committing an impossible crime, the offender intends to Inherent impossibility of its accomplishment
commit a felony against persons or a felony against a. The act intended by the offender is by its nature
property, and the act performed would have been an one of impossible accomplishment.
offense against persons or property. b. There must either be: (i) legal impossibility, or (ii)
physical impossibility.
If the act performed would be an offense other than a i. LEGAL IMPOSSIBILITY - the intended
felony against persons or against property, there is no acts, even if completed, would not
impossible crime. amount to a crime.
ii. PHYSICAL IMPOSSIBILITY - extraneous
Felonies against persons: circumstances unknown to the actor or
i. Parricide; beyond his control prevent the
ii. Murder; consummation of the intended crime.
iii. Homicide;
iv. Infanticide; Employment of inadequate means
v. Abortion; Means is insufficient
vi. Duel;
vii. Physical injuries; and Employment of ineffectual means
viii. Rape. Means employed did not produce the result
expected
Felonies against property:
i. Robbery; 3. PURPOSE
ii. Brigandage; The purpose of the law in punishing impossible crime is to
iii. Theft; suppress criminal propensity or criminal tendencies.
iv. Usurpation; Objectively, the offender has not committed a felony, but
v. Culpable insolvency; subjectively, he is a criminal.
vi. Swindling and other deceits;
vii. Chattel mortgage; (D) DUTY OF THE COURT IN CASES WHERE ACTS
viii. Arson and other crimes involving destruction; NOT COVERED BY THE LAW MUST BE
and PUNISHED
ix. Malicious mischief.
Art. 5. Duty of the court in connection with acts which
should be repressed but which are not covered by the
b. The act was done with evil intent law, and in cases of excessive penalties. — Whenever a
court has knowledge of any act which it may deem

CRIMINAL LAW REVIEWER Page 11 of 72

proper to repress and which is not punishable by law, it
shall render the proper decision and shall report to the
Chief Executive, through the Department of Justice, the
reasons which induce the court to believe that said act
should be made the subject of penal legislation.
In the same way the court shall submit to the Chief
Executive, through the Department of Justice, such
statement as may be deemed proper, without
suspending the execution of the sentence, when a strict
enforcement of the provisions of this Code would result
in the imposition of a clearly excessive penalty, taking
into consideration the degree of malice and the injury
caused by the offense.
(E) STAGES OF EXECUTION
Art. 6. Consummated, frustrated, and attempted
felonies. — Consummated felonies as well as those
which are frustrated and attempted, are punishable.
A felony is consummated when all the elements
necessary for its execution and accomplishment are
present; and it is frustrated when the offender
performs all the acts of execution which would
produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.
There is an attempt when the offender commences
the commission of a felony directly or over acts, and
does not perform all the acts of execution which
should produce the felony by reason of some cause or
accident other than this own spontaneous desistance.
A felony is CONSUMMATED when all the elements
necessary for its execution and accomplishment are
present.
It is FRUSTRATED when the offender performs all the
acts of execution which would produce the felony as a
consequence but which, nevertheless, do not produce
it by reason of causes independent of the will of the
perpetrator.
There is an ATTEMPT when the offender commences
the commission of a felony directly by overt acts, and
does not perform all the acts of execution which should
produce the felony by reason of some cause or accident
other than his own spontaneous desistance.
DEVELOPMENT OF A CRIME
1. INTERNAL ACTS, such as mere ideas in the
mind of a person, are not punishable even if,
had they been carried out, they would
constitute a crime.
2. EXTERNAL ACTS cover (a) preparatory acts;
and (b) acts of execution.
a. Preparatory acts - ordinarily they are not
punishable, but preparatory acts which
are considered in themselves, by law, as
independent crimes are punishable.
Ex: buying or preparing poison or weapon
with which to kill the intended victim;
carrying inflammable materials to the
place where a house is to be burned.
b. Acts of execution - punishable under the
Revised Penal Code.
i. Subjective phase - portion of the
acts constituting the crime,
starting from the point where the
offender begins the commission of
the crime to that point where he
has still control over his acts,
including their natural course.
ii. Objective phase - the result of the
acts of execution, that is, the
accomplishment of the crime.
 If the subjective and
objective phases are
present, there is a
consummated felony.
 The spontaneous
desistance of the accused is
exculpatory only (a) if made
during the attempted
stage, and (b) provided that
the acts already committed
do not constitute any
offense.
1. ATTEMPTED FELONY
There is an attempt when the offender commences the
commission of a felony directly by overt acts, and does
not perform all the acts of execution which should
produce the felony by reason of some cause or accident
other than his own spontaneous desistance.
a. ELEMENTS:
i. The offender commences the commission of
the felony directly by overt acts;

REQUISITES:

CRIMINAL LAW REVIEWER Page 12 of 72

  There be external acts;
 Such external acts have direct connection
with the crime intended to be committed.
ii. He does not perform all the acts of
execution which should produce the
felony;
If the offender has performed all the acts of
execution – nothing more is left to be done –
the stage of execution is that of a frustrated
felony, if the felony is not produced; or
consummated, if the felony is produced
iii. The offender’s act is not stopped by his
own spontaneous desistance;
Rationale for non- liability in cases where
there is spontaneous desistance: It is a sort of
reward granted by law to those who, having
one foot on the verge of crime, heed the call
of their conscience and return to the path of
righteousness. The law does not punish him.
iv. The non-performance of all acts of
execution was due to cause or accident
other than his spontaneous desistance.
b. OVERT ACTS
1. An OVERT ACT is some physical activity or deed,
indicating the intention to commit a particular
crime, more than a mere planning or preparation,
which if carried to its complete termination
following its natural course, without being
frustrated by external obstacles nor by the
voluntary desistance of the perpetrator, will
logically and necessarily ripen into a concrete
offense.
2. There are felonies where, because of their nature
or the manner of committing them, the overt acts
are not performed with bodily movement or by
physical activity.
2. FRUSTRATED FELONY
A felony is frustrated when the offender performs all
the acts of execution which would produce the felony
as a consequence but which, nevertheless, do not
produce it by reason of causes independent of the will
of the perpetrator.
a. ELEMENTS:
i. The offender performs all the acts of execution;
CRIMINAL LAW REVIEWER
3. 1. Nothing more is left to be done by the
offender, because he has performed the
last act necessary to produce the crime.
ii. All the acts performed would produce the felony as
a consequence;
4. 2. All the acts of execution performed by
the offender could have produced the
felony as a consequence.
5. 3. The belief of the accused need not be
considered. What should be considered is
whether all the acts of execution
performed by the offender “would
produce the felony as a consequence.”2
However, in some cases, , the Supreme
Court considered the belief of the
perpetrators and considered the stage of
execution as frustrated even if no mortal
wound was inflicted.
iii. But the felony is not produced;
The acts performed by the offender do
not produce the felony, because if the
felony is produced it would be
consummated.
iv. By reason of causes independent of the will of the
perpetrator.
There are crimes which do not admit of a frustrated
stage. By the definition of a frustrated felony, the
offender cannot possibly perform all the acts of
execution to bring the desired result without
consummating the offense.
b. CRIMES WHICH DO NOT HAVE A FRUSTRATED
STAGE:
i. Rape, because the gravamen of the offense is
carnal knowledge, so no matter how slight the
penetration, the felony is consummated;
ii. Indirect bribery, because the offense is
committed by accepting gifts offered to the
public officer by reason of his office;
iii. Corruption of public officers, since the crime
requires the concurrence of the will of both
parties;
iv. Adultery, because the essence of the crime is
sexual congress;
2However, the Supreme Court has considered the belief of
perpetrators in some cases.
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 v. Physical injury since its determination crime actually committed by the offender
whether slight, less serious, or serious can before his desistance.
only be made once it is consummated; and
vi. Theft, since unlawful taking immediately
consummates the offense and the disposition Compare Legal Desistance v. Factual Desistance
of the thing is not an element. [Valenzuela v.
People, G.R.160188, June 21, 2007] LEGAL DESISTANCE FACTUAL DESISTANCE
DEFINITION
3. CONSUMMATED FELONY Desistance referred to in Actual desistance of the
A felony is consummated when all the elements law which would obviate actor; the actor is still
necessary for its execution and accomplishment are criminal liability unless the liable for the attempt.
present. overt or preparatory act
already committed in
All the elements of the felony for which the accused is themselves constitute a
prosecuted must be present in order to hold him liable felony other than what
therefor in its consummated stage. the actor intended.
TIME OR PERIOD EMPLOYED
When a felony has two or more elements and one of Desistance made during Desistance made after the
them is not proved by the prosecution during the trial, the attempted stage. attempted stage of the
either: crime
a. The felony is not shown to have been
consummated; or FACTORS DETERMINING THE STAGE OF EXECUTION
b. The felony is not shown to have been 1. Nature of the offense;
committed; or 2. Elements constituting the felony; and
c. Another felony is shown to have been 3. Manner of committing the same.
committed.
MANNER OF COMMITTING THE CRIME
INDETERMINATE OFFENSE 1. Formal crimes: consummated is one instant, no
 One where the purpose of the offender in attempt
performing an act is not certain. Its nature in As a rule, there can be no attempt at a formal
relation to its objective is ambiguous. crime, because between the thought and the
 The intention of the accused must be deed there is no chain of acts that can be
ascertained from the facts and, therefore, it is severed in any link. An example would be
necessary that the mind be able to directly slander and false testimony.
infer from them the intention of the
perpetrator to cause a particular injury. 2. Crimes consummated by mere attempt or
 Acts susceptible of double interpretation must proposal or by overt act
not and cannot furnish grounds by themselves E.g. flight to enemy’s country (Art. 121),
for attempted crime. People v. Lamahang, Corruption of minors (Art. 340)
[G.R. No. L-43530, August 3, 1935]
3. Felony by omission
DESISTANCE There can be no attempted stage when the
 It is an absolutory cause which negates felony is by omission, because in this kind of
criminal liability because the law encourages a felony the offender does not execute acts. He
person to desist from committing a crime. omits to perform an act which the law
 The desistance should be made before all the requires him to do.
acts of execution are performed.
 The desistance which exempts from criminal 4. Crimes requiring the intervention of two persons
liability has reference to the crime intended to to commit them are consummated by mere
be committed, and has no reference to the agreement

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 In the crime of corruption of public officer, the 2. Direct proof is not essential to establish
same are consummated by mere agreement. conspiracy.
The offer made by one of the parties to the
other constitutes attempted felony, if the REQUISITES:
offer is rejected. 1. Two or more persons came to an agreement
Agreement presupposes meeting of the minds
5. Material crimes: there are three stages of of two or more persons.
execution 2. The agreement pertains to the commission of a
felony
FRUSTRATED V. ATTEMPTED V. IMPOSSIBLE CRIME It must be an agreement to act, to effect, to
bring about what has already been conceived
ATTEMPTED IMPOSSIBLE CRIME and determined.
FRUSTRATED 3. The execution of the felony was decided upon
Evil intent of the offender is not accomplished There must be participation with a criminal
Evil intent of the offender Evil intent of the resolution because simple knowledge thereof
is possible of offender cannot be by a person may only make him liable as an
accomplishment accomplished accomplice.
What prevented its Inherently impossible of
accomplishment is the accomplishment or GENERAL RULE: Conspiracy and proposal to commit
intervention of certain means employed by the felony are not punishable.
cause or accident in which offender is inadequate or
the offender had no part ineffectual EXCEPTION: They are punishable only in the cases in
which the law specially provides a penalty therefor.
NOTE: There is no attempted or frustrated impossible
crime. EXAMPLES OF THE EXCEPTION:
a. Treason;
(F) CONSPIRACY AND PROPOSAL b. Rebellion;
c. Insurrection;
Art. 6. Conspiracy and proposal to commit felony. — d. Coup d’ etat;
Conspiracy and proposal to commit felony are e. Sedition;
punishable only in the cases in which the law specially f. Monopolies and combinations in restraint of trade;
provides a penalty therefor. g. Espionage;
h. Brigandage;
A conspiracy exists when two or more persons come i. Illegal association;
to an agreement concerning the commission of a j. Selected acts committed under the Comprehensive
felony and decide to commit it. Dangerous Drugs Act;
k. Arson; and
There is proposal when the person who has decided to l. Terrorism under the Human Security Act.
commit a felony proposes its execution to some other
person or persons. Compare Conspiracy as a Felony and Conspiracy as a
Means of Incurring Criminal Liability
Conspiracy and proposal to commit a crime are only FELONY MANNER OF INCURRING
preparatory acts, and the law regards them as innocent CRIMINAL LIABILITY
or at least permissible except in rare and exceptional Conspirators should not If the conspirators commit
cases. actually commit treason, treason, they will be held
rebellion, etc., it being liable for treason, and the
sufficient that two or conspiracy which they had
CONSPIRACY more persons agree and before committing
1. Exists when two or more persons come to an decide to commit it treason is only a manner
agreement concerning the commission of a of incurring criminal
felony and decide to commit it. liability, not treated as a

CRIMINAL LAW REVIEWER Page 15 of 72

 separate offense
Felony relates to a crime Conspiracy is not treated
actually committed as a separate offense but
used to determine the
liability of the offenders
The act of one is the act of
all
GENERAL RULE: When conspiracy is established, all
who participated therein, irrespective of the quantity
or quality of his participation is liable equally, whether
conspiracy is pre-planned or instantaneous.
EXCEPTION: Unless one or some of the conspirators
committed some other crime which is not part of the
intended crime.
EXCEPTION TO THE EXCEPTION: When the act
constitutes a “single indivisible offense.”
DOCTRINE OF IMPLIED CONSPIRACY
 When the defendants by their acts aimed at the
same object, one performing one part and the
other performing another part so as to complete
it, with a view to the attainment of the same
object and their acts, though apparently
independent, were in fact concerted and
cooperative, indicating closeness of personal
association, concerted action and concurrence of
sentiments, the court will be justified in concluding
that said defendants were engaged in a conspiracy.
People v. Geronimo, [G.R. No. L-35700, October 15,
1973]
 Spontaneous agreement;
 Active cooperation by all offenders ;
 Contributing by positive acts to the realization of a
common criminal intent; and
 Presence during the commission of the crime by a
band and lending moral support thereto.
PROPOSAL TO COMMIT A FELONY
 When the person who has decided to commit a
felony proposes its execution to some other
person or persons.
 The law does not require that the proposal be
accepted by the person to whom the proposal is
made.
REQUISITES:
1. A person has decided to commit a felony; and
CRIMINAL LAW REVIEWER
2. He proposes its execution to some other person or
persons.
NOTES: There is no criminal proposal when:
 The person who proposes is not determined to
commit the felony;
 There is no decided, concrete and formal proposal;
and
 It is not the execution of the felony that is
proposed.
(G) CLASSIFICATION OF FELONIES (ACCORDING TO
GRAVITY)
Art. 7. When light felonies are punishable. — Light
felonies are punishable when they have been
consummated, with the exception of those committed
against persons or property.
1. LIGHT FELONIES are those infractions of law for the
commission of which the penalty of arresto menor or a
fine not exceeding 200 pesos or both, is provided.
Light felonies are punishable only when they have been
consummated. They produce such light, such
insignificant moral and material injuries that public
conscience is satisfied with providing a light penalty for
their consummation.
EXCEPTION: Light felonies committed against persons
or property, are punishable even if attempted or
frustrated.
Rationale: The commission of felonies against
persons or property presupposes in the offender
moral depravity.
Art. 9. Grave felonies, less grave felonies, and light
felonies. — Grave felonies are those to which the law
attaches the capital punishment or penalties which in
any of their periods are afflictive, in accordance with
Article 25 of the Code.
Less grave felonies are those which the law punishes
with penalties which in their maximum period are
correctional, in accordance with the above-mentioned
article.
Light felonies are those infraction of law for the
commission of which the penalty if arresto menor or a
fine not exceeding 200 pesos, or both, is provided.
Page 16 of 72
Importance of classification
1. To determine whether these felonies can be
complexed or not; and
2. To determine the prescription of the crime and the
prescription of the penalty.
2. GRAVE FELONIES
These are reclusion perpetua, reclusion temporal,
perpetual or temporary absolute disqualification,
perpetual or temporary special disqualification and
prision mayor.
3. LESS GRAVE FELONIES
These are prision correccional, arresto mayor,
suspesnsion and destierro.
(H) OFFENSES NOT SUBJECT TO THE PROVISIONS OF
THIS CODE
Art. 10. Offenses not subject to the provisions of this
Code. — Offenses which are or in the future may be
punishable under special laws are not subject to the
provisions of this Code. This Code shall be
supplementary to such laws, unless the latter should
specially provide the contrary.
GENERAL RULE: The provisions of the RPC are
supplementary to special laws.
EXCEPTIONS:
1. Where the special law provides otherwise; and
2. When the provisions of the RPC are impossible to
apply, either by express provision or by necessary
implication.
Provisions of RPC applicable to Special Laws:
 Art. 16 Participation of Accomplices;
 Art. 17 Participation of Principals, in relation to the
Corporation Code where “(j)uridical persons are
criminally liable under certain special laws” so that
“(o)nly the officers of the corporation who
participated either as principals by direct
participation or principals by induction or by
cooperation, or as accomplices in the commission
of an act punishable by law are liable. (Reyes ,
2012); Art. 22 Retroactivity of Penal laws if
favorable to the accused;
 Art. 39 Subsidiary imprisonment in insolvency to
pay the fine; and
 Art. 45 Confiscation of instruments used in the
crime.
CRIMINAL LAW REVIEWER
When the special law adopts the penalties imposed in
the RPC, the provisions of the RPC on imposition of
penalties based on stages of execution, degree of
participation and attendance of mitigating and
aggravating circumstance may be applied by necessary
implication.
(I) MULTIPLE OFFENDERS
Four Forms of Repetition:
1. Recidivism (Art. 14, par. 9);
2. Reiteracion or habituality (Art. 14, par. 10);
3. Multi-recidivism or habitual delinquency (Art.
62, par. 5); and
4. Quasi-recidivism (Art. 160).
1. RECIDIVISM
A RECIDIVIST is one who, at the time of his trial for one
crime, shall have been previously convicted by final
judgment of another crime embraced in the same title
of the RPC. People v. Lagarto, [G.R. No. 65833, May 6,
1991]
REQUISITES:
a. The offender is on trial for an offense;
b. He was previously convicted by final judgment
of another crime;
c. Both the first and the second offenses are
embraced in the same title of the Code;
examples:
robbery and theft – Crimes Against Property
homicide and physical injuries – Crimes
Against Persons
d. The offender is convicted of the new offense.
“At the time of his trial for one crime”
What is controlling is the time of trial, not the time of
the commission of the crime. It is sufficient that the
succeeding offense be committed after the commission
of the preceding offense, provided that at the time of
his trial for the second offense, the accused had already
been convicted of the first offense.
It is not required at the time of the commission of the
second offense, the accused should have been
previously convicted by final judgment of another
crime.
Page 17 of 72
Trial is meant to include everything that is done in the serve such sentence or while serving the same, shall be
course of the trial, from arraignment until after punished by the maximum period of the penalty
sentence is announced by the judge in open court. prescribed by law for the new felony.

Recidivism must be taken into account no matter how ---COMPARATIVE TABLES----

many years have intervened between the first and
second felonies. HABITUAL DELINQUENCY V. RECIDIVISM

Pardon does not prevent a former conviction from HABITUAL DELINQUENCY RECIDIVISM
being considered as an aggravating circumstance, but As to crimes committed
amnesty extinguishes the penalty and its effects. The crimes are specified The crimes must be
embraced in the same
2. HABITUALITY (REITERACION) title of the Code
REQUISITES: As to the period of time the crimes are committed
a. The accused is on trial for an offense; The offender found guilty No period of time
b. He previously served sentence for another of any of the crimes between the former
offense to which the law attaches an equal or specified within 10 years conviction and the last
greater penalty, or for 2 or more crimes to from his last release or conviction is fixed by law
which it attaches lighter penalty than that for last conviction
the new offense; and As to the number of crimes committed
c. He is convicted of the new offense. The accused must be A second conviction is
found guilty the third time sufficient
3. MULTI-RECIDIVISM or HABITUAL DELINQUENCY or oftener
A person, within the period of 10 years from the date of As to their effects
his last release or last conviction of the crime of serious If there is habitual If not offset by a
or less serious physical injuries, robbery, theft, estafa or delinquency, an additional mitigating circumstance,
falsification, is found guilty of any of said crimes a third penalty is also imposed serves to increase the
time or oftener. In habitual delinquency, the offender is penalty only to the
either a recidivist or one who has been previously maximum
punished for two or more offenses. He shall suffer an
additional penalty for being a habitual delinquent.
RECIDIVISM V. REITERACION
REQUISITES:
a. The offender had been convicted of any of the
RECIDIVISM HABITUALITY/REITERACION
crimes of serious or less serious physical
A final judgment has It is necessary that the
injuries, robbery, theft, estafa or falsification;
been rendered in the offender shall have served
b. After that conviction or after serving his
first offense out his sentence for the first
sentence, and within 10 years from his first
offense
conviction or release, he was again convicted
The offenses must be The previous and
of any of said crimes for the second time;
included in the same subsequent offenses must
c. After his conviction of, or after service
title of the Code not be embraced in the
sentence for, the second offense, and within
same title of the Code
10 years from his last conviction or last
release for said second offense, he was again Always taken as an Not always an aggravating
convicted of any said crimes, the third time or aggravating circumstance
oftener. circumstance

4. QUASI-RECIDIVISM
Any person who shall commit a felony after having
been convicted by final judgment, before beginning to

CRIMINAL LAW REVIEWER Page 18 of 72

 RECIDIVISM v. HABITUALITY v. MULTI-RECIDIVISM v. QUASI-RECIDIVISM

RECIDIVISM HABITUALITY/ REITERACION HABITUAL DELINQUENCY QUASI-RECIDIVISM

As to crimes committed
Crimes involved must Involves any crime The crimes are specified Involves any crime
be embraced in the (serious or less serious (pointed out that the
same title of the physical injuries, robbery, second offense must
Code theft, estafa, or falsification) be a felony, while the
first offense need not
be)
As to the period of time the crimes are committed
Offender is on trial Offender previously served sentence After conviction and serving Offender has been
for an offense and is for another offense to which the law out his sentence, offender is convicted of an
subsequently attaches an equal or greater convicted again of any of the offense and commits
convicted of the new penalty, or for two or more crimes second crimes and that after another felony before
crime to which it attaches lighter penalty conviction and serving out his or during serving
than that for the new offense sentence for the second crime, sentence
offender again committed and
was convicted within 10 years
from his last sentence or
conviction of any of the crimes
specified the third time or
oftener
As to their effects
A generic aggravating A generic aggravating circumstance An extraordinary aggravating A special aggravating
circumstance circumstance (imposes an circumstance
additional penalty

PLURALITY OF CRIMES consists in the successive

(J) CONTINUOUS (CONTINUED OR CONTINUING)
CRIME
- is a single crime, consisting of a series of acts but all
arising from one criminal resolution. Although there is a
serious of acts, there is only one crime committed.
REQUISITES:
1. Multiplicity of acts;
2. Unity of criminal purpose or intent; and
3. Unity of criminal offense violated.
A continued crime is not a complex crime, because the
offender in continued or continuous crime does not
perform a single act, but a serious of acts, and one
offense is not a necessary means for committing the
other.
execution, by the same individual, of different criminal
acts, upon any of which no conviction has yet
beendeclared. If there is conviction by final judgment,
it is recidivism.
1. Real or material plurality - Different crimes in law,
as well as in the conscience of the offender; the
offender shall be punished for each and every
offense that he committed
2. Formal or ideal plurality - Only one criminal
liability
a. When the offender commits any of the
complex crimes in Article 48.
b. When the law specifically fixes a single
penalty for two or more offenses
committed (Special Complex Crimes).
c. When the offender commits continuous
crimes.

(K) COMPLEX CRIMES V. SPECIAL COMPLEX CRIMES

CRIMINAL LAW REVIEWER Page 19 of 72

Art. 48. Penalty for complex crimes. — When a 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 most serious
crime shall be imposed, the same to be applied in its
maximum period.
NOTES:
 Article 48 requires the commission of at least 2
crimes. But the 2 or more grave or less grave felonies
must be the result of a single act, or an offense must
be a necessary means for committing the other.
 Although 2 or more crimes are actually committed,
they constitute only one crime in the eyes of the law
because the offender has only one criminal intent,
hence, there is only one penalty imposed.
 Article 48 could have had no other purpose than to
prescribe a penalty lower than the aggregate of the
penalties for each offense, if imposed separately.
When two or more crimes are the result of a single
act, the offender is deemed less perverse than when
he commits said crimes through separate and distinct
acts. People v. Hernandez, [G.R. Nos. L-6025-26, July
18, 1956]
 Article 48 applies only to cases where the Code does
not provide a definite specific penalty for a complex
crime.
 The penalty for complex crime is the penalty for the
most serious crime, the same to be applied in its
maximum period. If different crimes resulting from
one single act are punished with the same penalty,
the penalty for any one of them shall be imposed,
the same to be applied in the maximum period.
When two felonies constituting a complex crime are
punishable by imprisonment and fine, respectively,
only the penalty of imprisonment should be imposed.
 When a complex crime is charged and one offense is
not proven, the accused can be convicted of the
other.
KINDS OF COMPLEX CRIMES:
CRIMINAL LAW REVIEWER
1. COMPOUND CRIME: When a single act constitutes
2 or more grave or less grave felonies.
REQUISITES:
a. Only a single act is performed by the offender;
and
b. The single act produces:
i. Two or more grave felonies; or
ii. One or more grave and one or more less
grave felonies; or
iii. Two or more less grave felonies.
Light felonies produced by the same act should be
treated and punished as separate offenses or may be
absorbed by the grave felony.
The “single criminal impulse,” “same motive” or “single
purpose” theory has no legal basis as Art. 48 speaks of
“single act.” However, the theory is acceptable as a
continued crime, as the Court has held in People v.
Lawas (G.R. L-7618, June 30, 1955 [Unreported]) and
reiterated in People v. Remollino (G.R. No. L-14008,
September 30, 1960), when it is not certain who among
the several accused killed or injured each of the several
victims.
2. COMPLEX CRIME PROPER: When an offense is a
necessary means for committing the other.
REQUISITES:
a. At least two offenses are committed;
b. One or some of the offenses must be
necessary to commit the other;
- Necessary means is not equivalent to
indispensable means.
c. Both or all of the offenses must be punished
under the same statute.
When there is no complex crime:
a. In case of continuous crimes;
b. When one offense is committed to conceal
the other;
c. When the other crime is an indispensable part
or an element of the other offenses;
d. Where one of the offenses is penalized by a
special law; and
e. When the provision provides for a two-tiered
penalty, e.g. Usurpation of property (Art. 312),
malicious procurement of a search warrant
(Art. 129), bribery (Art. 210, par. 1),
maltreatment of prisoners (Art. 235)
Page 20 of 72
Instances where Article 48 is not applicable: e. Robbery with rape
a. When the crimes subject of the case have Additional rape not aggravating;
common elements; f. Robbery with arson; and
b. When the crimes involved are subject to the g. Arson with homicide.
rule of absorption of one crime by the other;
c. Where the two offenses resulting from a Crimes involved cannot be legally complexed:
single act are specifically punished as a single a. Malicious obtainment or abusive service of search
crime, such as less serious physical injuries warrant (Art. 129) with perjury;
with serious slander of deed, since this is b. Bribery (Art. 210) with infidelity in the custody or
punished under Art. 264, par. 2, as the single prisoners;
crime of less serious physical injuries with c. Maltreatment of prisoners (Art. 235) with serious
ignominy; and physical injuries; and
d. In special complex crimes or composite d. Usurpation of real rights (Art. 312) with serious
crimes. physical injuries.

SPECIAL COMPLEX CRIMES are those which are treated ---COMPARATIVE TABLES---
by law as single indivisible offenses although
comprising more than one specific crime and with COMPARE MATERIAL PLURALITY V. CONTINUED CRIME
specific penalty.
REAL OR MATERIAL CONTINUED CRIME
EXAMPLES: PLURALITY
a. Rape with homicide There is a series of acts There is a series of acts
Homicide must always be performed by the performed by the
consummated, otherwise, they are offender offender
separate offenses. The rape may Each act performed by The different acts
either be consummated or the offender constitutes a constitute only one crime
attempted; separate crime, because because all of the acts
b. Kidnapping with homicide; each act is generated by a performed arise from one
c. Kidnapping with rape criminal impulse criminal resolution
Different from abduction with rape,
wherein there is lewd design;
d. Robbery with homicide
Additional homicide not aggravating;

CRIMINAL LAW REVIEWER Page 21 of 72

COMPARE ORDINARY COMPLEX CRIMES V. SPECIAL COMPLEX CRIMES
ORDINARY COMPLEX CRIME
As to Their Concept
It is made up of two or more crimes being punished in
distinct provisions of the Revised Penal Code but
alleged in one information either because they were
brought about by a single act producing two or more
grave or less grave felonies or because one offense is a
necessary means for committing the other offense or
offenses.
As to Penalty
Penalty for the most serious crime shall be imposed
and in its maximum period.
Examples of Complex Crimes Covered by Article 48
1. Direct assault with:
a. homicide
b. murder
c. Serious Physical Injuries or Less Serious
Physical Injuries
d. tumults and other disturbances
2. Estafa thru falsification of a public document.
3. Malversation thru falsification
4. Discharge of firearm with SPI or LSPI
5. Grave threats with intentional abortion
6. Homicide with unintentional abortion
7. Parricide with abortion (intentional/unintentional)
8. Forcible abduction with rape –
If there are multiple rapes, only one is complexed
with forcible abduction, and the rest shall be
considered separate crimes
9. Simple seduction by means of usurpation of official
functions
CRIMINAL LAW REVIEWER
SPECIAL COMPLEX CRIME OR COMPOSITE CRIME
It is made up of two or more crimes which are considered
only as components of a single indivisible offense being
punished in one provision of the Revised Penal Code.
It is the penalty specifically provided for the special
complex crime that shall be applied according to the rules
on imposition of the penalty.
Examples of Special Complex Crimes
1. Qualified Piracy/ Qualified mutiny2. Robbery with:
a. Serious Physical Injuries (SPI): victim of SPI
should not be the robber; otherwise, they are
separate crimes.
Note: under the 4th act, violence need not result in
SPI; only that the violence be unnecessary for the
commission of the crime.
b. Homicide: intent to take personal property must
precede the killing. Otherwise, two separate crimes
of homicide/murder/parricide and theft are
committed. The law does not require that the
victim of robbery is also the victim of homicide.
c. Rape: intent to gain must also precede rape. This
does not cover robbery with attempted rape.
d. Intentional Mutilation: Castration or mayhem
e. Arson: robbery should precede arson. And no
rape, homicide, SPI, or intentional mutilation
should be committed or else,
arson will only be considered as an aggravating
circumstance.
3.. Rape with homicide (also, attempted and frustrated
rape with homicide): homicide must be by reason of or on
occasion of rape.
4. . Rape with serious illegal detention or Kidnapping with
Page 22 of 72
 rape – if there is an attempted rape, it shall be considered
as a separate crime. Regardless of the number of rapes,
there is only one crime.
5. . Kidnapping with
c. Serious Physical injuries
=============================================
III. CIRCUMSTANCES WHICH AFFECT
CRIMINAL LIABILITY
=============================================
(A) DEFINITIONS
IMPUTABILITY is the quality by which an act may be
ascribed to a person as its author or owner. It implies
that the act committed has been freely and consciously
done and may, therefore, be put down to the doer as
his very own.
RESPONSIBILITY is the obligation of suffering the
consequences of crimes. It is the obligation of taking the
penal and civil consequences of the crime.
GUILT is an element of responsibility, for a man cannot
be made to answer for the consequences of a crime
unless he is guilty.
(B) JUSTIFYING CIRCUMSTANCES
1. GENERAL CONCEPTS
JUSTIFYING CIRCUMSTANCES are those where the act
of a person is said to be in accordance with law, so that
such person is deemed not to have transgressed the law
and is free from both criminal and civil liability. There is
no crime and there is no criminal. There is also no civil
liability, except in par. 4 of Article 11.
Basis: The law recognizes the non-existence of a crime
by express provision. Lack of criminal intent.
It is incumbent upon the accused to prove the justifying
CRIMINAL LAW REVIEWER
a. Murder
b. Homicide (take note of specific intent)
Regardless of the number of victims killed, there
is one crime only of special complex crime of
kidnapping with homicide or murder, as the case
may be.
circumstances claimed by him to the satisfaction of the
court.
2. SELF-DEFENSE (PAR. 1)
Rights included in Self-Defense:
Self-defense includes not only the defense of the person
or body of the one assaulted but also that of his rights,
those rights the enjoyment of which is protected by law.
“Aside from the right to life on which rests the
legitimate defense of our person, we have the right to
property acquired by us, and the right to honor which is
not the least prized of man’s patrimony.” [1 Viada, 172,
173, 5th edition]
The right to honor. Hence a slap on the face is
considered as unlawful aggression since the
face represents a person and his dignity.
Rugas v. People, [GR No. 147789, Jan. 14,
2004]
a. Defense of person[
b. Defense of rights protected by law;
c. Defense of property; and
d. Defense of chastity.
Reasons why penal law makes self-defense lawful
a. It is based on that impulse of self-preservation
born to man and part of his nature as a human
being.
b. Classicist: grounded on the impossibility on
the part of the State to avoid a present unjust
aggression and protect a person unlawfully
attacked.
c. Positivists: an exercise of a right, an act of
social justice done to repel the attack of an
aggression.
ELEMENTS:
a. Unlawful Aggression
i. Indispensable requirement;
Page 23 of 72
 ii. Actual physical assault or aggression or an
immediate and imminent threat is required;
iii. Threatened assault of an immediate kind must
be offensive and positively strong showing the
wrongful intent to cause injury; and
iv. The defense must have been made during the
existence of aggression, otherwise, it is no
longer justifying.
b. Reasonable necessity of the means employed to
prevent or repel it
Test of reasonableness:
i. Nature and quality of the weapon used by
aggressor;
ii. Physical condition, character, size and other
circumstances of aggressor;
Physical condition, character, size and
circumstances of person defending himself ; and
iii. Place and occasion of assault.
NOTE: Perfect equality between the weapons
used or material commensurability between
the means of attack and defense by the one
defending himself and that of the aggressor is
not required because the victim does not have
sufficient opportunity and tranquility of mind
to think and calculate which weapon to use.
The law merely requires rational equivalence
c. Lack of sufficient provocation on the part of the
person defending himself
FIRST ELEMENT: UNLAWFUL AGGRESSION
1. Kinds of Aggression
a. Lawful: fulfillment of a duty or the exercise of
a right
b. Unlawful
2. It is equivalent to assault or at least threatened
assault of an immediate and imminent.
3. There must be an actual physical assault upon a
person, or at least a threat to inflict real injury.
4. The threat must be offensive and positively strong,
showing the wrongful intent to cause an injury.
5. Peril to one’s Life
a. Actual: the danger must be present, that is,
actually in existence; or
b. Imminent: the danger is on the point of
happening. It is not required that the attack
already begins, for it may be too late.
6. Peril to one’s Limb
a. Includes peril to the safety of one’s person
from physical injuries.
CRIMINAL LAW REVIEWER
RETALIATION SELF-DEFENSE
The aggression that was The aggression was still
begun by the injured party existing when the
already ceased to exist aggressor was injured or
when the accused disabled by the person
attacked him. making a defense.
NOTES: UNLAWFUL AGGRESSION
 The attack made by the deceased and the
killing of the deceased by defendant should
succeed each other without appreciable
interval of time.
 It must come from the person attacked by the
accused.
 There is no unlawful aggression when there
was an agreement to fight.
 Mere belief of an impending attack is not
sufficient.
 In relation to “mistake of fact”, the belief of
the accused may be considered in determining
the existence of unlawful aggression. E.g. use
of a replica gun provided the accused believe
to be a real gun.
How to Determine the Unlawful Aggressor:
In the absence of direct evidence to determine who
provoked the conflict, it has been held that it shall be
presumed that, in the nature of the order of things, the
person who was deeply offended by the insult was the
one who believed he had a right to demand explanation
of the perpetrator of that insult, and the one who
struck the first blow when he was not satisfied with the
explanation offered. United States v. Laurel, [G.R. No.
7037, March 15, 1912]
KINDS OF SELF-DEFENSE:
a. Self-defense of chastity – There must be an
attempt to rape the victim.
b. Defense of property – Must be coupled with an
attack on the person of the owner, or on one
entrusted with such property.
However, in one case, the Court held that
attack on property alone was deemed
sufficient to comply with element of
unlawful aggression. (People v. Narvaez,
G.R. No. L-33466-67, April 20, 1983)
c. Self-defense in libel – Justified when the libel is
aimed at a person’s good name.
d. Defense of dignity and of person – Slap on the
face which places a person’s dignity in real danger.
Page 24 of 72
 [People v. Sabio, G.R. No. L-23734, April 27, 1967]
“Stand ground when in the right” - The law does not
require a person to retreat when his assailant is rapidly
advancing upon him with a deadly weapon.
SECOND ELEMENT: REASONABLE NECESSITY of the
means employed to prevent or repel it
 The reasonableness of either or both such
necessity depends on the existence of unlawful
aggression and upon the nature and extent of the
aggression.
 Two elements of necessity: necessity for the course
of action and necessity of the means employed
o Necessity of the course of action taken: the
necessity of the course of action taken
depends on the existence of unlawful
aggression.
o Necessity of the means used: the means
employed by the person making a defense
must be rationally necessary to prevent or
repel an unlawful aggression.
 In repelling or preventing an unlawful aggression,
the one defending must aim at his assailant, and
not indiscriminately fire his deadly weapon.
 The peace officer, in the performance of his duty,
represents the law which he must uphold. While
the law on self-defense allows a private individual
to prevent or repel an aggression, the duty of a
peace officer requires him to overcome his
opponent. A police officer is not required to afford
a person attacking him, the opportunity for a fair
and equal struggle.
In determining reasonable means, some factors are to
be considered such as:
1. Presence of imminent danger;
2. Emergency to which the person defending
himself has been exposed to;
3. Nature and quality of the weapon used by the
accused compared to the weapon of the
aggression;
4. Impelled by the instinct of self-preservation; and
5. Size and/or physical character of the aggressor.
Perfect equality between the weapons used by the one
defending and that of the aggressor is not required.
Rational Equivalence is enough.
NOTE: The first two requisites thus far explained are
common to self-defense, defense of a relative, and
defense of a stranger.
CRIMINAL LAW REVIEWER
LACK OF SUFFICIENT PROVOCATION on the part of the
person defending himself
 The one defending himself must not have given
cause for the aggression by his unjust conduct or
by inciting or provoking the assailant.
 Cases in which third requisite considered present:
o No provocation at all was given to the
aggressor by the person defending himself;
o When, even if a provocation was given, it was
not sufficient; and
o When, even if the provocation was sufficient,
it was not given by the person defending
himself.
 The exercise of a right cannot give rise to sufficient
provocation.
 The provocation must be sufficient, which means
that it should be proportionate to the act of
aggression and adequate to stir the aggressor to
its commission. People v. Alconga, [G.R. No. L-162,
April 30, 1947]
PLEASE SEE THE NOTES ON ANTI-VAWC IN THE SPL
REVIEWER, PARTICULARLY: THE BATTERED WOMAN
SYNDROME IN RELATION TO THE DISCUSSION ON LACK
OF SUFFICIENT PROVOCATION ON THE PERSON
DEFENDING HIMSELF.
3. DEFENSE OF RELATIVES (PAR. 2)
ELEMENTS:
a. Unlawful aggression (indispensable requirement)
Unlawful aggression need not exist as a matter
or fact. It can be made to depend upon the
honest belief of the one making a defense, as
when two sons attacked the victim in the
belief that the latter unlawfully attacked their
father who was lying on the floor when they
arrived. United States v. Esmedia, [G.R. No.
5749, October 21, 1910]
b. Reasonable necessity of the means employed to
prevent or repel it
c. In case the provocation was given by the person
attacked, the one making the defense had no part
in such provocation
i. The clause, “in case the provocation was given
by the person attacked,” used in stating the
third requisite does not mean that the relative
defended should give provocation to the
aggressor. It merely states an event which may
Page 25 of 72
 or may not take place.
ii. There is still a legitimate defense of relative
even if the relative being defended has given
provocation, provided that the one defending
such relative has no part in the provocation.
Relative entitled to the Defense:
a. Spouse;
b. Ascendants;
c. Descendants;
d. Legitimate, natural or adopted brothers and sisters,
or relatives by affinity in the same degrees; and
e. Relatives by consanguinity within the 4th civil
degree.
NOTE: The relative defended may be the original
aggressor. To justify the act of the relative defending,
he must not take part in such provocation.
Basis: Humanitarian sentiment and upon the impulse of
blood which impels men to rush, on the occasion of
great perils, to the rescue of those close to them by ties
of blood.
4. DEFENSE OF STRANGER (PAR. 3)
ELEMENTS:
1. Unlawful aggression (indispensable requirement)
2. Reasonable necessity of the means employed to
prevent or repel it
3. Person defending be not induced by revenge,
resentment or other evil motive
 The defense of a stranger must be actuated by
disinterested or generous motive.
A STRANGER is any person not included in the
enumeration of relatives mentioned in paragraph 2.
Basis: What one may do in his defense, another may do
for him.
Reyes, p. 200: “Even if a person has a standing grudge
against the assailant, if he enters upon the defense of a
stranger out of a generous motive to save the stranger
from serious bodily harm, or possible death, the third
requisite of defense of stranger still exists.”
5. AVOIDANCE OF GREATER EVIL OR INJURY (STATE OF
NECESSITY) (PAR. 4)
ELEMENTS:
CRIMINAL LAW REVIEWER
a. Evil sought to be avoided actually exists;
b. Injury feared be greater than that done to avoid
it; and
c. No other practical and less harmful means of
preventing it.
In cases falling within subdivision 4 of Article 11, the
persons for whose benefit the harm has been
prevented, shall be civilly liable in proportion to the
benefit which they may have received (Art. 101)
- only instance in this article where there is
civil liability on the part of the accused.
The necessity must not be due to the negligence or
violation of any law by the actor.
6. FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF
RIGHT OR OFFICE (PAR. 5)
ELEMENTS:
a. Accused acted in the performance of duty or in
the lawful exercise of a right or office; and
b. Injury caused or offense committed is the
necessary consequence of the due performance
of the duty, or the lawful exercise of such right or
office.
NOTES:
 The accused must prove that he was duly
appointed to the position claimed he was
discharging at the time of the commission of the
offense.
 The deceased was under the obligation to
surrender, and had no right, after evading service
of his sentence, to commit assault and
disobedience with a weapon in his hand, which
compelled the policeman to resort to such
extreme means, which, although it proved to be
fatal, was justified by the circumstances. People v.
Delima [46 Phil. 738]
 It is not necessary that there be unlawful
aggression against the person charged with the
protection of the property. If there is unlawful
aggression against the person charged with the
protection of the property, then paragraph 1 of Art.
11 applies, it being a defense of right to property.
 DOCTRINE OF SELF-HELP - The owner or lawful
possessor of a thing has the right to exclude any
person from the enjoyment and disposal thereof.
Page 26 of 72
 For this purpose, he may use such force as may be intelligence, freedom of action, or intent), or absence of
reasonably necessary to repel or prevent an actual negligence on the part of the accused.
or threatened unlawful physical invasion or
usurpation of his property. The burden of proof to prove the existence of an
exempting circumstance lies within the defense.
7. OBEDIENCE TO AN ORDER ISSUED FOR SOME
LAWFUL PURPOSE (PAR. 6) OUTLINING THE BASES OF EXEMPTING CIRCUMSTANCES
BASES OF THE EXEMPTING CIRCUMSTANCES
ELEMENTS: Par. 1 (imbecility or Complete absence of
a. An order has been issued; insanity) intelligence
b. The order has a lawful purpose and not patently Par.2 (minor under nine Complete absence of
illegal; and years) intelligence
c. Means used by subordinate to carry out said Par. 3 (minor over nine Complete absence of
order is lawful. and under fifteen years) intelligence
Par. 4 (accident) Lack of intent and lack of
negligence
NOTES: Par. 5 (irresistible force) Complete absence of
 The superior officer giving the order cannot freedom
invoke this justifying circumstance. Par. 6 (uncontrollable Complete absence of
 Good faith is material, as the subordinate is fear) freedom
not liable for carrying out an illegal order if he Par. 7 (prevented by Lack of intent
is not aware of its illegality and he is not insuperable cause)
negligent.

GENERAL RULE: Subordinate cannot invoke this COMPARE JUSTIFYING V. EXEMPTING CIRCUMSTANCES
circumstance when order is patently illegal.
JUSTIFYING EXEMPTING
EXCEPTION: When there is compulsion of an irresistible WHO/WHAT Act Actor
force, or under impulse of uncontrollable fear. IS AFFECTED
NATURE OF Act is considered Act is wrongful but
(C) EXEMPTING CIRCUMSTANCES ACT legal actor is not liable
EXISTENCE None Yes, but since
ART. 12. Exempting Circumstances [IF- INDIA]3 OF A CRIME voluntariness is
absent the actor is
1. GENERAL CONCEPTS not liable
LIABILITY No crime There is a crime
EXEMPTING CIRCUMSTANCES are those grounds for No criminal No criminal
exemption from punishment due to absence of any No criminal No criminal
conditions in the agent of the crime which makes the act liability liability
voluntary or negligent. No civil liability There is civil
EXCEPT civil liability EXCEPT as
Technically, one who acts by virtue of any exempting liability in Art. to Art. 12(4)
circumstance commits a crime, although by the complete 11(4) [state of [injury by mere
absence of any of the conditions which constitute free will necessity] accident] and (7)
or voluntariness of the act, no criminal liability arise. [lawful cause]
(Guevara)

There is, therefore, a crime, but no criminal.

2. IMBECILITY OR INSANITY (PAR. 1)
There is complete absence of voluntariness (i.e.,
IMBECILITY exists when a person, while of advanced
3
An acronym. age, has a mental development comparable to that of

CRIMINAL LAW REVIEWER Page 27 of 72

children between 2 and 7 years old. An imbecile is one moment of its execution.
who is deprived completely of reason or discernment
and freedom of the will at the time of committing the Tests of Insanity:
crime. He is exempt in all cases from criminal liability. a. Cognition: complete deprivation of
intelligence in committing the crime.
INSANITY exists when there is complete deprivation of b. Volition: total deprivation of freedom of will.
intelligence or reason or without the least discernment
or with total deprivation of free will. This does not Scope of the term “Insanity”:
include mere abnormality of the mental faculties. The a. Dementia praecox: irresistible homicidal
insane is not so exempt if it can be shown that he acted impulse;
during a lucid interval. b. Schizophrenia: chronic mental disorder
characterized by inability to distinguish
It is necessary that there be a complete deprivation of between fantasy and reality and often
intelligence while committing the act, that is, that the accompanied by hallucinations and delusions;
accused be deprived of reason; that he acts without the c. Kleptomania only if it produces an irresistible
least discernment; or that there be a total deprivation of impulse to steal as when the accused has been
freedom of the will. People v. Formigones, [G.R. No. L- deprived of his will which would enable him to
3246, November 29, 1950] prevent himself from doing this act.4;
d. Epilepsy: chronic nervous disease
The defense must prove that the accused was insane at characterized by fits, occurring at intervals,
the time of the commission of the crime, because the attended by conclusive motions of the
presumption is always in favor of sanity. People v. muscles and loss of consciousness;
Bascos, [G.R. No. L-19605, December 19, 1922] e. Feeblemindedness: not exempting;
f. Pedophilia: not insanity;
Basis: Complete absence of intelligence, an element of g. Amnesia: not proof of mental condition of the
voluntariness accused;
h. Other causes of lack of intelligence
TIME WHEN ACCUSED EFFECT ON CRIMINAL a. Committing a crime while in a dream People v.
SUFFERS INSANITY LIABILITY Taneo, [G.R. No. L-37673, March 31, 1933];
At the time of the Exempt from criminal b. Somnambulism or sleepwalking People v.
commission of the felony liability Gimena, [G.R. No. L-40203, February 16,
During trial Accused is criminally 1934]; and
liable, but trial will be c. Committing a crime while suffering from
suspended until the malignant malaria People v. Lacena, [G.R. No.
mental capacity of the 109250, September 5, 1997].
accused be restored to
afford him a fair trial; and 3. MINORITY (PAR. 2 AND 3)
accused is committed to a
hospital Basis: Complete absence of intelligence
After judgment or while Execution of judgment is
serving sentence suspended, the accused is “Under nine (9) years” should be construed as “nine
committed to a hospital. years or less;” as may be inferred from the subsequent
The period of paragraph which does not totally exempt a person
confinement in the “over nine years of age” if he acted with discernment
hospital is counted for the (Art. 189, P.D. 603). Under the Juvenile Justice and
purpose of the Welfare Act, minors 15 and under are exempted by law
prescription of the from criminal liability
penalty.

The evidence of insanity must refer to the time 4 If it only diminishes the exercise of his will-power, it is
preceding the act under the prosecution or to the very not an exempting circumstance but a mitigating
circumstance.

CRIMINAL LAW REVIEWER Page 28 of 72

PLEASE SEE JUVENILE JUSTICE AND WELFARE ACT OF An event which under the Failure to observe that
2006 (RA 9344) AND CHILD AND YOUTH WELFARE circumstance is unusual or degree of care, precaution
CODE, SPL REVIEWER for a more detailed discussion on unexpected by the person and vigilance which the
the effects of minority on criminal liability. to whom it happens circumstances justly
PERIOD OF CRIMINAL RESPONSIBILITY demand without which
PERIODS OF CRIMINAL RESPONSIBILITY such other person suffers
AGE OF 9 years and below injury
ABSOLUTE (infancy)but now 15 and
IRRESPONSIBILITY below under RA 9344 When claim of accident not appreciated:
AGE OF Between 9 and 15 years a. Repeated blows; and
CONDITIONAL but now between 15-18 b. Threatening words preceding it and still aiming the
RESPONSIBILITY under RA 9344 fun at the prostate body of the victim.
AGE OF 18 or over (adolescence)
FULL RESPONSIBILITY to 70 (maturity) 5. IRRESISTIBLE FORCE (PAR.5)
AGE OF Over 9 and under 15,
MITIGATED offender acting with IRRESISTIBLE FORCE means that the offender uses
RESPONSIBILITY discernment but now violence or physical force to compel another person to
under RA 9344, 15 or commit a crime.
over but less than 18;
over 70 years of age ELEMENTS:
a. The compulsion is by means of physical force;
Compare Intent v. Discernment b. The physical force must be irresistible; and
INTENT DISCERNMENT c. The physical force must come from a third person.
Products of the mental processes within a person
Refers to the desired Relates to the moral Passion and obfuscation cannot amount to irresistible
act of the person significance that a person force.
ascribes to the act
Basis: Complete absence of freedom
The force must be so irresistible as to reduce the actor
4. ACCIDENT WITHOUT FAULT OR INTENTION OF to a mere instrument who acts not only without will
CAUSING IT (PAR. 4) but against his will. The compulsion must be of such a
character as to leave no opportunity to the accused for
ACCIDENT is an occurrence that happens outside the escape or self-defense in equal combat. People v.
sway of our will, and although it comes about through Loreno, [G.R. No. 54414, July 9, 1984], citing People v.
some act of our will, it lies beyond the bounds of Villanueva, [G.R. No. L-9529, August 30, 1958]
humanity foreseeable consequences.
6. UNCONTROLLABLE FEAR (PAR. 6)

ELEMENTS: UNCONTROLLABLE FEAR means that the offender

a. A person is performing a lawful act;
b. With due care;
c. He causes an injury to another by mere accident;
and
d. Without fault or intention of causing it.
Basis: Lack of negligence and intent. Under this
circumstance, a person does not commit either an
intentional felony or a culpable felony.
COMPARE ACCIDENT V. NEGLIGENCE
ACCIDENT NEGLIGENCE
employs intimidation or threat in compelling another to
commit a crime. The compulsion is by means of
intimidation or threat, not force or violence.
ELEMENTS:
a. The threat which causes the fear is of an evil
greater than, or at least equal to, that which he is
required to commit; and
b. It promises an evil of such gravity and imminence
that an ordinary man would have succumbed to
it.
REQUISITES:

CRIMINAL LAW REVIEWER Page 29 of 72

a. Existence of an uncontrollable fear; 1. GENERAL CONCEPTS
b. The fear must be real and imminent; and
c. The fear of an injury is greater than or at least MITIGATING CIRCUMSTANCES are those which, if
equal to that committed. present in the commission of the crime, reduces the
penalty of the crime but does not erase criminal liability
Basis: Complete absence of freedom, an element of nor change the nature of the crime.
voluntariness. An act done by me against my will is not
my act. Basis: Diminution of either freedom of action,
intelligence, or intent, or on the lesser perversity of the
Duress to be a valid defense should be based on real, offender.
imminent or reasonable fear for one’s life or limb. It
should not be inspired by speculative, fanciful or A mitigating circumstance arising from a single fact
remote fear. A threat of future injury is not enough. absorbs all the other mitigating circumstances arising
from that same fact.
The accused must not have opportunity for escape or
self-defense. COMPARE ORDINARY V. PRIVILEGED MITIGATING
CIRCUMSTANCES
COMPARE IRRESISTIBLE FORCE V. UNCONTROLLABLE
FEAR ORDINARY PRIVILEGED
IRRESISTIBLE FORCE UNCONTROLLABLE FEAR Those enumerated in Par. 1 of Article 13,
Violence or physical force The offender employs pars. 1-10 of Article 13 Articles 64, 68, 69
to compel another person intimidation or threat in Pars. 1 and 2 are Article 64 applies only
to commit a crime compelling another to privileged mitigating when there are two or
commit a crime under Article 68 as more ordinary mitigating
amended by R.A. No. circumstances without
9344 and Article 69 any generic aggravating
7. PREVENTED BY AN INSUPERABLE CAUSE (PAR. 7) circumstances
Susceptible of being offset Cannot be offset by
INSUPERABLE CAUSE is some motive, which has by any aggravating aggravating circumstances
lawfully, morally or physically prevented a person to do circumstance
what the law commands. If not offset by an Produces the effect of
aggravating circumstance, imposing upon the
ELEMENTS: produces only the effect offender the penalty
a. An act is required by law to be done; of applying the penalty lower by one or two
b. A person fails to perform such act; and provided by law for the degrees than that
c. His failure to perform such act was due to some crime in its minimum provided by law for the
lawful or insuperable cause. period, in case of divisible crime
penalty
Basis: Accused acts without intent, the third condition
of voluntariness in intentional felony.

Examples:
a. A priest cannot be compelled to reveal what was
confessed to him.
b. An officer is not liable for arbitrary detention for 2. INCOMPLETE JUSTIFYING OR EXEMPTING
failure to deliver a prisoner to a judicial authority CIRCUMSTANCES (PAR. 1)
when there was no available transportation.
Circumstances of Justification or Exemption which
may give Place to Mitigation:
(D) MITIGATING CIRCUMSTANCES a. Self-defense;
b. Defense of Relatives;

CRIMINAL LAW REVIEWER Page 30 of 72

c. Defense of Strangers;
d. State of Necessity;
e. Performance of Duty;
f. Obedience to Order of Superior;
g. Minority over 9 and under 15 years of Age5;
h. Causing injury by mere Accident; and
i. Uncontrollable Fear.
EXCEPT: Article 12, pars. 1 and 2 cannot give place to
mitigation, because the mental condition of a person is
indivisible; there is no middle ground between sanity
and insanity, between presence and absence of
intelligence. (Decs. of Sup. Ct. of Spain of December 19,
1901 and of October 3, 1884)
This mitigating circumstance applies when not all the
requisites are present. If 2 requisites are present, it is a
privileged mitigating circumstance.
NOTES:
 Incomplete self-defense, defense of relatives, and
defense of stranger: unlawful aggression must be
present
o When 2 of the requisites mentioned are
present, it should be considered as a
privileged mitigating circumstance referred to
in Art. 69. When only unlawful aggression is
present, it may still be considered an oridinary
mitigating circumstance. Please see Reyes, p.
255.
 Incomplete justifying circumstance of avoidance of
greater evil or injury: if any of the last 2 requisites
is absent, there is only a mitigating circumstance
 Incomplete justifying circumstance of performance
of duty: there is no ordinary mitigating
circumstance under Art. 13, par. 1, when the
justifying or exempting circumstance has 2
requisites only.
 Incomplete exempting circumstances of accident
o If the requisites of (1) due care, and (2)
without fault are absent, the case will fall
under Article 365.
 Incomplete exempting circumstance of
uncontrollable fear: if only one of the requisites is
present, there is only a mitigating circumstance
3. OVER 15 AND UNDER 18, IF THERE IS DISCERNMENT
OR OVER 70 YEARS OLD (PAR. 2)
5
Now 15 and over until 18 under RA 9344.
CRIMINAL LAW REVIEWER
Age of accused is determined by his age at the date of
commission of crime, not date of trial.
That the offender is over 70 years of age is only a
generic mitigating circumstance.
Basis: Diminution of intelligence, a condition of
voluntariness
Legal effects of various ages of the offender
a. 15 and below – exempting
b. Above 15 but under 18 – exempting unless acted
with discernment. But even with discernment, penalty
is reduced by one (1) degree lower than that imposed.
c. Minor delinquent under 18 years of age who acted
with discernment – sentence suspended
d. Child in Conflict with the Law – refers to a child
who is alleged as accused of, or adjudged as, having
committed an offense under Philippine Laws
e. 18 years or over – full criminal responsibility
f. 70 years or over – mitigating, no imposition of
death penalty, if already imposed, execution of death
penalty is suspended and commuted.
4. NO INTENTION TO COMMIT SO GRAVE A WRONG
(PAR. 3)
Rule for the application: This circumstance can be
taken into account only when the facts proven show
that there is a notable and evident disproportion
between the means employed to execute the criminal
act and its consequences. (United States v. Reyes, 36
Phil. 904, 907)
Factors that can be considered are:
a. Weapon used;
b. Injury inflicted;
c. Part of the body injured; and
d. Mindset of offender at the time of commission of
crime.
NOTES:
 Not applicable when the offender employed brute
force.
 Appreciated in murder qualified by circumstances
based on manner of commission, not on the state
of mind of the accused.
Page 31 of 72
 Not appreciated in murder qualified by treachery
 Not applicable to felonies by negligence.
 Not applicable to felonies where intention is
immaterial.
 Applicable only to offenses resulting in physical
injuries or material harm.
 In crimes against persons who do not die as a
result of the assault, the absence of the intent to
kill reduces the felony to mere physical injuries,
but it does not constitute a mitigating
circumstance under Art. 13, par. 3 People v.
Galacgac, [C.A., 5 O.G. 1207]
Basis: Intent, an element of voluntariness in intentional
felony, is diminished.
may give rise to self-defense and thus no longer a
mitigating circumstance.
Basis: Diminution of intelligence and intent.
6. VINDICATION OF GRAVE OFFENSE (PAR. 5)
REQUISITES:
a. A grave offense done to the one committing the
felony, his spouse, ascendants, descendants,
legitimate, natural or adopted brothers or sisters
or relatives by affinity within the same degree; and
b. Felony is committed in immediate vindication of
such grave offense.

5. PROVOCATION OR THREAT (PAR. 4) NOTES:

 “Immediate” allows for a lapse of time, as long as
PROVOCATION is any unjust or improper conduct or the offender is still suffering from the mental
act of the offended party, capable of exciting, inciting agony brought about by the offense to him.
or irritating anyone.  “Grave offense” includes any act that is offensive
to the offender or his relatives and the same need
REQUISITES: not be unlawful.
a. Provocation must be sufficient.  The grave offense must be the proximate cause or
i. Sufficient means adequate to excite a person proximate to the act of the offender.
to commit the wrong and must accordingly be  Vindication is incompatible with passion or
proportionate to its gravity. obfuscation.
ii. Depends on:  The provocation should be proportionate to the
 The act constituting the provocation; damage caused by the act and adequate to stir one
 Social standing of the person provoked; to its commission.
and  Basis to determine the gravity of the offense in
 Place and the time when the provocation vindication:
is made. o Social standing of the person;
b. It must originate from the offended party. o Place; and
c. It must be immediate to the commission of the o Time when the insult was made.
crime by the person who is provoked.
COMPARE PROVOCATION V. VINDICATION
Compare Sufficient Provocation as an Incomlete Self-
Defense and Sufficient Provocation as a Mitigating PROVOCATION VINDICATION
Circumstance Made directly only to the The grave offense may be
SUFFICIENT SUFFICIENT person committing the committed also against
PROVOCATION AS A PROVOCATION AS A felony the offender’s relatives
REQUISITE OF MITIGATING mentioned by the law
INCOMPLETE SELF- CIRCUMSTANCES The cause that brought The offended party must
DEFENSE about the provocation have done a grave offense
It pertains to its absence It pertains to its presence need not be a grave
on the part of the person on the part of the offense
defending himself. offended party. It is necessary that the The vindication of the
provocation or threat grave offense may be
Threat should not be offensive and positively strong. immediately preceded the proximate, which admits
Otherwise, it would be an unlawful aggression, which act; there is no interval of of an interval of time

CRIMINAL LAW REVIEWER Page 32 of 72

time between the
provocation and the
commission of the crime
It is mere spite against the
one giving the
provocation or threat
between the grave  It may lawfully arise from causes existing only in
offense done by the the honest belief of the offender.
offended party and the  It is compatible with lack of intention to commit so
commission of the crime grave a wrong.
by the accused  Incompatible with:
Concerns the honor of a o Vindication of grave offense;
person o Treachery; and
o Evident premeditation.

Basis: Diminution of the conditions of voluntariness. COMPATE PASSION/OBFUSCATION V. PROVOCATION

PASSION/OBFUSCATION PROVOCATION
7. PASSION OR OBFUSCATION (PAR. 6) Comes from the offender Comes from the injured
and produced by an party
REQUISITES: impulse which may be
a. The accused acted upon an impulse; and caused by provocation
b. The impulse must be so powerful that it naturally The offense which Must immediately
produced passion or obfuscation in him. engenders perturbation of precede the commission
mind need not be of the crime
Rule for the application of this paragraph: Passion or immediate; it is only
obfuscation may constitute a mitigating circumstance required that the
only when the same arose from lawful sentiments. influence thereof lasts
until the moment the
WHEN MITIGATING NOT MITIGATING crime is committed
Accused acted upon Act is committed in a In both, the effect is loss of reason and self-control on
impulse spirit of lawlessness the part of the offender
Act is committed in a If obfuscation and provocation arose from one and the
spirit of revenge same act, both shall be treated as only one mitigating
circumstance.
FURTHER REQUISITES:
c. There be an act, both unlawful and sufficient to COMPRARE PASSION/OBFUSCATION V. IRRESISTIBLE
produce such a condition of mind; and FORCE
d. Said act which produced the obfuscation was not PASSION/OBFUSCATION IRRESISTIBLE FORCE
far removed from the commission of the crime by A mitigating circumstance An exempting
a considerable length of time, during which the circumstance
perpetrator might recover his normal equanimity. No physical force, hence, Requires physical force
cannot give rise to an
NOTES: irresistible force
 Exercise of a right or fulfillment of duty is not Passion or obfuscation is Irresistible force must
proper source of passion or obfuscation. in the offender himself come from a third person
 The act must be sufficient to produce such a Must arise from lawful Unlawful
condition of mind. sentiments
 The defense must prove that the act which
produced the passion or obfuscation took place at Basis: The offender who acts with passion or
a time not far removed from the commission of obfuscation suffers a diminution of his intelligence and
the crime. intent.
 The crime committed must be the result of a
sudden impulse of natural and uncontrollable fury. 8. SURRENDER AND CONFESSION OF GUILT (PAR.7)
 The cause producing passion or obfuscation must
come from the offended party. TWO MITIGATING CIRCUMSTANCES:

CRIMINAL LAW REVIEWER Page 33 of 72

 1) Voluntary surrender to a person in authority
or his agents; and
2) Voluntary confession of guilt before the court
prior to the presentation of evidence for the
prosecution.
NOTE: When both are present, they should have the
effect of mitigating as two independent circumstances.
People v. Fontabla, [G.R. No. 431, July 5, 1935]
REQUISITES OF VOLUNTARY SURRENDER:
a. The offender had not been actually arreste; and.
b. The offender surrenders himself to a person in
authority or to the latter’s agent.
 PERSON IN AUTHORITY is one directly vested
with jurisdiction, i.e., a public officer who has
the power to govern and execute the laws
whether as an individual or as a member of
some court or governmental corporation,
board or commission.
 AGENT OF A PERSON IN AUTHORITY is a
person, who, by direct provision of the law, or
by election or by appointment by competent
authority, is charged with the 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.
c. The surrender was voluntary.
It must be spontaneous in such a manner that
it shows the interest of the accused to
surrender unconditionally to the authorities,
either because he acknowledges his guilt or
because he wishes to save them the trouble
and expenses necessarily incurred in his
search and capture.
NOTES:
 It is not mitigating when defendant was in fact
arrested.
 When the warrant of arrest had not been served
or not returned unserved because the accused
cannot be located, the surrender is mitigating.
 The law does not require that the surrender be
prior to the order of arrest.
 Surrender of weapons cannot be equated with
voluntary surrender.
CRIMINAL LAW REVIEWER
 Voluntary surrender does not simply mean non-
flight. It is not required that accused did not
escape or went into hiding.
 The surrender must be by reason of the
commission of the crime for which defendant is
prosecuted.
 Intention to surrender, without actually
surrendering, is not mitigating.
 There is spontaneity even if the surrender is
induced by fear of retaliation by the victim’s
relatives.
 When the offender imposed a condition or acted
with external stimulus, his surrender is not
voluntary.
REQUISITES OF VOLUNTARY PLEA OF GUILTY:
a. The offender spontaneously confessed his guilt;
b. The confession of guilt was made in open court,
that is, before the competent court that is to try
the case; and
c. The confession of guilt was made prior to the
presentation of evidence for the prosecution.
NOTES:
 Plea must be made before trial begins and at the
first instance or original state, not during a trial de
novo or when on appeal.
 Plea made after arraignment and after trial has
begun does not entitle accused to the mitigating
circumstance.
 If accused pleaded not guilty, even if during
arraignment, he is entitled to mitigating
circumstance as long as he withdraws his plea of
not guilty to the charge before the fiscal could
present his evidence.
o The change of plea should be made at the first
opportunity.
o A conditional plea of guilty is not a mitigating
circumstance.
 Plea to a lesser charge is not a mitigating
circumstance because the plea of guilt was not to
the offense charged.
 Plea to the offense charged in the amended
information, lesser than that charged in the
original information is a mitigating circumstance.
 Where the accused pleads guilty to a capital
offense, that court shall conduct a searching
inquiry into the voluntariness and full
comprehension of the consequences of his plea
and shall require the prosecution to prove his guilt
and the precise degree of culpability.
Page 34 of 72
 Plea of guilty is not mitigating in culpable felonies
and in crimes punishable by special laws.
Basis: Lesser perversity of the offender.
9. PHYSICAL DEFECT OF OFFENDER (PAR. 8)
NOTES:
 This is applicable when the offender is deaf and
dumb, blind, or otherwise suffering from some
physical defect, restricting his means of action,
defense or communication with others.
 Physical defect must restrict means of action,
defense, or communication with fellow beings.
 The physical defect must relate to the offense
committed.
 This paragraph does not distinguish between
educated and uneducated deaf-mute or blind
persons.
Basis: Incomplete freedom of action, an element of
voluntariness, due to physical defect, which restricts
one’s means of action, defense, or communication with
one’s fellow beings.
10. ILLNESS OF THE OFFENDER (PAR. 9)
REQUISITES:
a. The illness of the offender must diminish the
exercise of his will-power; and
b. Such illness should not deprive the offender of
consciousness of his acts.
Examples:
i. Mild behavior disorder (illness of
nerves or moral faculty);
ii. Acute neurosis making a person ill-
tempered and easily angered;
iii. Feeblemindedness (may be
considered under par. 8);
iv. One with obsession that witches are
to be eliminated akin to one with
morbid infirmity but still retaining
unconsciousness; and
v. Schizo-affective disorder or
psychosis.
Basis: Diminution of intelligence and intent.
CRIMINAL LAW REVIEWER
11. SIMILAR OR ANALOGOUS CIRCUMSTANCES (PAR.
10)
Examples:
a. Outraged feeling of owner of animal taken for
ransom analogous to vindication of a grave
offense;
b. Impulse of jealous feeling, similar to passion and
obfuscation;
c. Manifestations of Battered Wife Syndrome,
analogous to an illness that diminishes the exercise
of will power;
d. Esprit de corps, similar to passion and obfuscation;
e. Voluntary restitution of stolen property, similar to
voluntary surrender;
f. Extreme poverty and necessity, similar to
incomplete justification based on state of
necessity; and
g. Testifying for the prosecution, analogous to plea of
guilty.
NOTE: Mitigating circumstances which arise (1) from
the moral attributes of the offender, or (2) from his
private relations with the offended party, or (3) from
any other personal cause, shall only serve to mitigate
the liability of the principals, accomplices, and
accessories as to whom such circumstances are
attendant. (Art. 62, par. 3)
Circumstances which are Neither Exempting nor
Mitigating:
a. Mistake in the blow or aberration ictus;
b. Mistake in the identity;
c. Entrapment;
d. Accused is over 18 years of age; and
e. Performance of righteous action.
(E) AGGRAVATING CIRCUMSTANCES.
1. GENERAL CONCEPTS
AGGRAVATING CIRCUMSTANCES are those which, if
attendant in the commission of the crime, serve to
increase the penalty imposed in its maximum period
provided by law for the offense or those that change
the nature of the crime.
Basis: The greater perversity of the offender
manifested in the commission of the felony as shown
by:
a. The motivating power itself;
b. The place of the commission;
Page 35 of 72
c. The means and ways employed; ii. Abuse of public office in bribery;
d. The time; or iii. Breaking of a wall or unlawful entry into a
e. The personal circumstances of the offender, or the house in robbery with the use of force
offended party. upon things;
iv. Fraud in estafa;
KINDS OF AGGRAVATING CIRCUMSTANCES: v. Deceit in simple seduction; and
a. Generic: Applies to all crimes vi. .
i. Advantage taken of public position;
ii. Contempt or insult of public authority; e. Special: Those which arise under special conditions
iii. Crime committed in the dwelling of the to increase the penalty of the offense and cannot
offended party; be offset by mitigating circumstances
iv. Abuse of confidence or obvious i. Quasi-recidivism;
ungratefulness; ii. Complex crimes;
v. Where crime is committed in palace of iii. Error in personae;
Chief Executive, in his presence, or where iv. Taking advantage of public position and
public authorities are engaged, or in a membership in an organized/syndicated
place for religious worship; crime group (Ar. 61, par. 1(a)); and
vi. Nighttime, uninhabited place, or band; v. Use of unlicensed firearm in homicide or
vii. Recidivism; murder.
viii. Reiteracion or Habituality;
ix. Craft, fraud or disguise; DIFFERENTIATING DIFFERENT KINDS OF
x. Unlawful entry; AGGRAVATING CIRCUMSTANCES
xi. Breaking of wall, roof, floor, door or
window; and KINDS OF AGGRAVATING CIRCUMSTANCES
xii. Use of persons under 15 years of age. GENERIC Those that can generally apply to
crimes
b. Specific: Apply only to particular crimes
i. Disregard of rank, age, or sex due the Includes paragraphs 1,2,3
offended party in crimes against persons (dwelling), 4,5,6,9,10,14,18,19, and
and honor; 20, except by “means of motor
ii. Abuse of superior strength or means be vehicles”
employed to weaken the defense; SPECIFIC Those that apply only to particular
iii. Treachery in crimes against persons; crimes (i.e. ignominy in crimes
iv. Ignominy in crimes against chastity; against chastity or cruelty and
v. Cruelty in crimes against persons; and treachery in crimes against
vi. Use of unlicensed firearm in the murder persons)
or homicide committed: this is absorbed
in rebellion, insurrection, sedition, and Includes paragraphs 3 (except
attempted coup d’état (R.A. No. 8294.) dwelling), 15,16,17 and 21
QUALIFYING Those that change the nature of
c. Qualifying: Change the nature of the crime the crime (i.e. alevosia or evident
i. Alevosia (treachery) or evident premeditation qualifies the killing
premeditation qualifies the killing of a of a person to murder)
person to murder.
ii. Art. 248 enumerates the qualifying Article 248 enumerates the
aggravating circumstances which qualify qualifying aggravating
the killing of a person to murder. circumstances which qualify the
killing of a person to murder
d. Inherent: Must of necessity accompany the INHERENT Those that must of necessity
commission of the crime accompany the commission of the
i. Evident premeditation in robbery, theft, crime (Article 62, paragraph 2)
estafa, adultery and concubinage;

CRIMINAL LAW REVIEWER Page 36 of 72

 the act before executing it)
Evident premeditation is inherent Par. 14 (craft, Means employed in the
in robbery, theft, estafa, adultery fraud or disguise) commission of the crime
and concubinage. Par. 15 (superior Means employed in the
strength or means commission of the crime
to weaken
BASES OF THE AGGRAVATING CIRCUMSTANCES defense)
Par. 1 (advantage Greater perversity of the offender Par. 16 Means and ways employed in the
taken of public (as shown by the personal (treachery) commission of the crime
position) circumstances of the offender and Par. 17 (ignominy) Means employed
the means to secure the
commission of the crime) Par. 18 (unlawful Means and ways employed to
Par. 2 (contempt Greater perversity of the offender entry) commit the crime
or insult to public (as shown by his lack of respect Par.19 (breaking Means and ways employed to
authorities) for the public authorities) wall) commit the crime
Par. 3 (disregard Greater perversity of the offender Par. 20 (aid of Means and ways employed to
of rank, age, sex (as shown by the personal minor or by commit the crime
or dwelling of circumstances of the offended means of motor
offended party) party and the place of the vehicles)
commission of the crime) Par. 21 (cruelty) Ways employed in committing the
Par. 4 (abuse of Greater perversity of the offender crime
confidence and (as shown by the means and ways
obvious employed) RULES ON AGGRAVATING CIRCUMSTANCES:
ungratefulness) a. Aggravating circumstances shall NOT be
Par. 5 (place and Greater perversity of the offender appreciated if:
places of (as shown by the place of the i. They constitute a crime specially punishable
commission of commission of the crime, which by law, or
offense) must be respected) ii. It is included by the law in defining a crime
Par. 6 (nighttime, Time and place of the commission and prescribing the penalty therefor. (Art.62,
uninhabited place of the crime and means and ways par.1)
or band) employed Example: “That the crime be committed by means
Par. 7 (on Time of the commission of the of …fire, explosion” (Art. 14, par. 12) is in itself a
occasion of crime crime of arson (Art. 321) or a crime involving
calamity or destruction (Art. 324).
misfortune) b. It shall also NOT be appreciated if any aggravating
Par. 8 (aid of Means and ways of committing circumstance is inherent in the crime to such a
armed men, etc.) the crime degree that it must of necessity accompany the
Par. 9 (recidivist) Greater perversity of the offender commission thereof. (Art.62, par.2)
(as shown by his inclination to c. Aggravating circumstances which arise:
crimes) i. From the moral attributes of the offender;
Par. 10 Greater perversity of the offender ii. From his private relations with the offended
(reiteracion or (as shown by his inclination to party; or
habituality) crimes) iii. From any personal cause
Par. 11 (price Greater perversity of the offender  Shall only serve to aggravate the liability of
reward or (as shown by the motivating the principals, accomplices and accessories, to
promise) power itself) whom such circumstances are attendant. (Art.
Par. 12 (by means Means and ways employed 62, par. 3).
of inundation,  EXCEPTION: When there is proof of conspiracy
fire, etc,) in which case the act of one is deemed to be
Par. 13 (evident Ways of committing the crime the act of all, regardless of lack of knowledge
premeditation) (implies a deliberate planning of

CRIMINAL LAW REVIEWER Page 37 of 72

 of the facts constituting the circumstance.
(Art. 62, par. 4).
d. Aggravating circumstances, regardless of its kind,
should be specifically alleged in the information
AND proved as fully as the crime itself in order to
increase the penalty. (Sec. 9, Rule 110, 2000 Rules
of Criminal Procedure)
e. When there is more than one qualifying
aggravating circumstance present, one of them will
be appreciated as qualifying aggravating while the
others will be considered as generic aggravating.
2. ADVANTAGE BE TAKEN BY THE OFFENDER OF HIS
PUBLIC POSITION (PAR. 1)
Basis: Greater perversity of the offender as shown by
the personal circumstances of the offender and also by
the means used to secure the commission of the crime.
Notes:
 Applicable only when the offender is a public
officer who takes advantage of his public position.
 The public officer must use the influence, prestige
or ascendancy which his office gives him as the
means by which he realizes his purpose.
 It is not aggravating if accused could have
perpetrated the crime without occupying police
position.
 It is inherent in the case of accessories under Art.
19, par. 3, and the crimes committed by public
officers.
 R.A. 7659 provides that crimes committed by a
public officer will be given the penalty prescribed
at its maximum, regardless of the nature and
number of mitigating circumstances.
3. THE CRIME BE COMMITTED IN CONTEMPT OF OR
WITH INSULT TO THE PUBLIC AUTHORITIES (PAR. 2)
Basis: Greater perversity of the offender, as shown by
his lack of respect for the public authorities.
REQUISITES:
a. The public authority is engaged in the exercise of
his functions;
b. Such public authority is not the person against
whom the crime is committed;
c. The offender knows him to be a public authority;
and
d. His presence has not prevented the offender from
committing the criminal act.
CRIMINAL LAW REVIEWER
A PUBLIC AUTHORITY is a public officer who is directly
vested with jurisdiction and has the power to govern
and execute the laws.
An AGENT OF A PERSON IS AUTHORITY is any person
who, by direct provision of law or by election or by
appointment by competent authority, is charged with
the maintenance of public order and the protection and
security of life and property.
NOTES:
 Teachers or professors of a public or recognized
private school and lawyers are not “public
authority” within the contemplation of this
paragraph.
 Art. 14, par. 2 does not apply when the crime is
committed in the presence of an agent only.
 If the crime is committed against a public authority
while he is in the performance of his official duty,
the offender commits direct assault without this
aggravating circumstance.
 Knowledge that a public authority is present is
essential. Lack of knowledge on the part of the
offender that a public authority is present
indicates lack of intention to insult the public
authority.
4. THE ACT BE COMMITTED (PAR. 3)
a. With insult or in disregard of the respect
due the offended party on the account
of his rank, age, or sex, or
b. In the dwelling of the offended party, if
the latter has not given provocation.
Basis: Greater perversity of the offender, as shown by
the personal circumstances of the offended party and
the place of the commission of the crime.
RANK is the designation or title of distinction used to fix
the relative position of the offended party in reference
to others.
 There must be a difference in the social
condition of the offender and the
offended party.
 Proof of fact of disregard and deliberate
intent to insult required.
AGE may refer to old age or the tender age of the
victim.
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  The circumstance of lack of respect due
to age applies in cases where the victim is
of tender age as well as of old age.
 Deliberate intent to offend or insult
required.
 Disregard of old age not aggravating in
robbery with homicide
SEX refers to the female sex, not to the male sex.
 Disregard of sex is not aggravating in the
absence of evidence that the accused
deliberately intended to offend or insult
the sex of the victim or showed manifest
disrespect to her womanhood.
 Absorbed in treachery.
NOTES
 The 4 circumstances can be considered single or
together. If all the four circumstances are present,
they have the weight of one aggravating
circumstance only.
 Disregard of rank, age, or sex may be taken into
account only in crimes against persons or honor.
 There must be evidence that in the commission of
the crime, the accused deliberately intended to
offend or insult the sex or age of the offended
party.
When not applicable:
a. Offender acted with passion and obfuscation;
b. There exists a relationship between the offended
party and the offender; and
c. The condition of being a woman is indispensable in
the commission of the crime.
DWELLING must be a building or structure exclusively
used for rest and comfort; a combination of house and
store is not included. It includes dependencies, the foot
of the staircase and the enclosure under the house.
 Includes dependencies, the foot of the
staircase and enclosure under the house.
 It requires that the crime be wholly or
partly be committed therein or in any
integral part thereof.
 Dwelling does not mean the permanent
residence or domicile of the offended
party or that he must be the owner
thereof. He may be actually living therein
even for a temporary duration or as a
guest.
CRIMINAL LAW REVIEWER
 It is not necessary that the accused
should have actually entered the dwelling
of the victim; it is enough that the victim
was attacked inside his house, although
the assailant may have devised means to
perpetrate the assault from without.
 Even if the killing took place outside the
dwelling, it is aggravating provided that
the commission of the crime was begun
in the dwelling.
 Dwelling is not included in the qualifying
circumstance of treachery.
Bases for aggravating circumstance of dwelling:
 The abuse of confidence which the offended party
reposed in the offender by opening the door to
him; or
 The violation of the sanctity of the home by
trespassing therein with violence or against the
will of the owner.
NOTES
 Offended party must not give provocation.
 Meaning of provocation in the aggravating
circumstance:
o Given by the owner of the dwelling;
o Sufficient; and
o Immediate to the commission of the crime.
o Note: If all these conditions are present, the
fact that the crime is committed in the
dwelling of the offended party is NOT an
aggravating circumstance.
o Rationale: When it is the offended party who
has provoked the incident, he loses his right to
the respect and consideration due him in his
own house.
 There must be a close relation between
provocation and commission of crime in the
dwelling.
Dwelling is not aggravating in the following cases:
a. When both the offender and the offended party
are occupants of the same house.
EXCEPTION: In case of adultery in the conjugal
dwelling, the same is aggravating. However, if
the paramour also dwells in the conjugal
dwelling, the applicable aggravating
circumstance is abuse of confidence.
b. When robbery is committed by the use of force
upon things, dwelling is not aggravating because it
is inherent.
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 EXCEPTION: Dwelling is aggravating in robbery
with violence against or intimidation of
persons because this class of robbery can be
committed without the necessity of
trespassing of the offended party’s house.
c. In the crime of trespass to dwelling, it is inherent
or included by law in defining the crime.
d. When the owner of the dwelling gave sufficient
and immediate provocation.
e. The victim is not a dweller of the house.
5. THE ACT BE COMMITTED WITH ABUSE OF
CONFIDENCE OR OBVIOUS UNGRATEFULNESS (PAR. 4)
Basis: Greater perversity of the offender, as shown by
the means and ways employed.
There are 2 aggravating circumstances present under
par. 4, which must be independently appreciated if
present in the same case.
Abuse of confidence requires a special confidential
relationship between the offender and the victim, while
this is not required for there to be obvious
ungratefulness
REQUISITES OF ABUSE OF CONFIDENCE:
a. That the offended party had trusted the offender;
b. That the offender abused such trust by committing
a crime against the offended party; and
c. That the abuse of confidence facilitated the
commission of the crime.
NOTES:
 The confidence between the offender and the
offended party must be immediate and personal.
o Abuse of confidence is inherent in
malversation, qualified theft, estafa by
conversion or misappropriation, and qualified
seduction.
 It is not a mere betrayal of trust, since the
offended party must be the one who actually
reposed his confidence in the offender.
REQUISITES OF OBVIOUS UNGRATEFULNESS:
a. That the offended party had trusted the offender;
b. That the offender abused such trust by committing
a crime against the offended party; and
c. That the act be committed with obvious
ungratefulness.
CRIMINAL LAW REVIEWER
NOTE:
The ungratefulness contemplated by par. 4 must
be such clear and manifest ingratitude on the part
of the accused.
6. THE CRIME BE COMMITTED (PAR. 5)
a. In the palace of the Chief Executive, or
b. In his presence, or
c. Where public authorities are engaged in
the discharge of their duties, or
d. In a place dedicated to religious worship.
Basis: Greater perversity of the offender, as shown by
the place of the commission of the crime, which must
be respected.
NOTES:
 Actual performance of duties is not necessary
when crime is committed in the palace or in the
presence of the Chief Executive.
 Requisites regarding Public Authorities:
o Crime occurred in the public office; and
o Public authorities are actually performing
their public duties.
 Except for the third which requires that official
functions are being performed at the time of the
commission of the crime, the other places are
aggravating per se even if no official duties or acts
of religious worship are being conducted there.
 Requisites regarding Place Dedicated to Religious
Worship:
o The crime occurred in a place dedicated to the
worship of God regardless of religion;
o The offender must have decided to commit
the crime when he entered the place of
worship;
 The place must be dedicated to public religious
worship; private chapels are not included;
 There must be intention to desecrate the place
dedicated to public religious worship; and
 Requisites regarding Chief Executive
o The Chief Executive need not be in the Palace
to aggravate the liability of the offender. As
long as he was present, and his presence is
known to the accused when he did the crime,
there is an aggravating circumstance.
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 Cemeteries are not considered as place dedicated  Nighttime is not especially sought for when
to worship. the notion to commit the crime was conceived
of shortly before commission or when crime
was committed at night upon a casual
PAR. 5: WHERE PUBLIC PAR. 2: CONTEMPT OR encounter.
AUTHORITIES ARE INSULT TO PUBLIC  A bare statement that crime was committed
ENGAGED IN THE AUTHORITIES at night is insufficient. The information must
DISCHARGE OF THEIR allege that nighttime was sought for or taken
DUTIES advantage of, or that it facilitated the crime.
Public authorities are in the performance of their  Circumstance of nocturnity, although not
duties. specially sought for, shall aggravate criminal
Place where public duty is performed liability if it facilitated the commission of the
In their office Outside of their office. offense or the offender took advantage of the
Offended Party same to commit the crime
May or may not be the Public authority should
public authority not be the offended party; GENERAL RULE: Nighttime is absorbed in treachery.
the crime is merely EXCEPTION: Where both the treacherous mode of
committed in his presence attack and nocturnity were deliberately decided upon
in the same case, they can be considered separately if
7. THE CRIME BE COMMITTED (PAR. 6) such circumstances have different factual bases.
a. In the nighttime, or
b. In an uninhabited place, or UNINHABITED PLACE (despoblado) is one where there
c. By a band, whenever such circumstance are no houses at all, or a place at a considerable
may facilitate the commission of the distance from town, where the houses are scattered at
offense a great distance from each other.
 Solitude must be sought to better attain the
Basis: Time and place of the commission of the crime criminal purpose – an easy and uninterrupted
and means and ways employed. accomplishment or insure concealment.
 What should be considered is whether in the
When these 3 elements are present in the same case place of the commission of the offense, there
and their elements can subsist independently, they was a reasonable possibility of the victim
shall be considered separately. It is not applicable when receiving some help.
the mitigating circumstance of passion or obfuscation
or sufficient provocation is present in the commission BAND (en cuadrilla) refers to a situation where there
of the crime. are more than 3 armed malefactors that shall have
acted together in the commission of an offense.
When Nighttime, Uninhabited place or Band is  There must be 4 or more armed men.
aggravating:  The armed persons contemplated must all be
a. When it facilitated the commission of the crime; or principals by direct participation who acted
b. When especially sought for by the offender to together in the execution of the acts
insure the commission of the crime or for the constituting the crime; in this case, conspiracy
purpose of impunity; or is presumed.
c. When the offender took advantage thereof for the  If one of the four-armed malefactors is a
purpose of impunity. principal by inducement, they do not form a
band because he had no direct participation.
NIGHTTIME (obscuridad) is that period of darkness  “By a band” is aggravating in crimes against
beginning at the end of dusk and ending at dawn. property or against persons or in the crime of
 Commission of the crime must begin and be illegal detention or treason but does not apply
accomplished in the nighttime. to crimes against chastity.
 When the place of the crime is illuminated by  This is inherent in brigandage.
light, nighttime is not aggravating.

CRIMINAL LAW REVIEWER Page 41 of 72

  This is absorbed in the circumstance of abuse
of superior strength and use of firearms
EXCEPT when the firearm has no license or
there is a lack of license to carry the firearm.
 When the armed men met up casually with
others, and a crime was thereafter
committed, it cannot be considered as an
aggravating circumstance.
8. THE CRIME BE COMMITTED ON THE OCCASION OF A
CONFLAGRATION, SHIPWRECK, EARTHQUAKE,
EPIDEMIC OR OTHER CALAMITY OR MISFORTUNE
(PAR. 7).
Basis: Time of the commission of the crime.
Reason for the aggravation: Debased form of
criminality met in one who, in the midst of a great
calamity, instead of lending aid to the afflicted, adds to
their suffering by taking advantage of their misfortune
to despoil them.
REQUISITES:
a. The crime was committed when there was a
calamity or misfortune similar to conflagration,
shipwreck, earthquake or epidemic; and
b. The offender took advantage of the state of
confusion or chaotic condition from such
misfortune.
NOTES:
 This will not apply if the offender was provoked by
the offended party during the
calamity/misfortune.
 The offender must take advantage of the calamity
or misfortune.
9. THE CRIME BE COMMITTED WITH THE AID OF (PAR.
8) :
1. Armed men, or
2. Persons who insure or afford impunity
Basis: Means and ways of committing the crime.
REQUISITES:
a. That armed men or persons took part in the
commission of the crime, directly or indirectly; and
b. That the accused availed himself of their aid or
relied upon them when the crime was committed.
CRIMINAL LAW REVIEWER
Rule for the application of the circumstance: The
casual presence of armed men near the place where
the crime was committed does not constitute an
aggravating circumstance when it appears that the
accused did not avail of their aid or rely upon them to
commit the crime.
NOTES:
 This aggravating circumstance requires that the
armed men are accomplices who take part in a
minor capacity directly or indirectly, and not when
they were merely present at the crime scene.
 If there are four armed men, aid of armed men is
absorbed in employment of a band. If there are
three armed men or less, aid of armed men may
be the aggravating circumstance.
 It shall not be considered when both the attacking
party and the party attacked were equally armed.
 It is not present when the accused as well as those
who cooperated with him in the commission of the
crime acted under the same plan and for the same
purpose.
 Mere moral or psychological aid or reliance is
sufficient to constitute this aggravating
circumstance.
COMPARE BY A BAND V. WITH THE AID OF ARMED
MEN
PAR. 6: BY A BAND PAR. 8: WITH THE AID OF
ARMED MEN
As to Number
Requires more than three At least two
armed malefactors
As to Action
More than three armed Present even if one of the
malefactors shall have offenders merely relied
acted together in the on their aid; actual aid is
commission of an offense. not necessary.
As to Liability
Band members are all Armed men are mere
principals accomplices
10. THE ACCUSED IS A RECIDIVIST (PAR. 9)
Basis: Greater perversity of the offender, as shown by
his inclination to crimes.
A RECIDIVIST is one who at the time of his trial for one
crime, shall have been previously convicted by final
Page 42 of 72
judgment of another crime embraced in the same title
of the RPC.
A recidivist is entitled to the benefits of the
Indeterminate Sentence Law but is disqualified from
availing credit of his preventive imprisonment.
REQUISITES:
a. That the offender is on trial for an offense;
b. That he was previously convicted by final judgment
of another crime;
c. That both the first and the second offenses are
embraced in the same title of the Code; and
d. That the offender is convicted of the new offense.
“At the time of his trial for one crime”
 It is employed in its general sense, including the
rendering of the judgment. It is meant to include
everything that is done in the course of the trial,
from arraignment until after sentence is
announced by the judge in open court.
 It is sufficient that the succeeding offense be
committed after the commission of the preceding
offense provided that at the time of his trial for the
second offense, the accused had already been
convicted of the first offense.
 Amnesty extinguishes the penalty and its effects.
 Pardon does not obliterate the fact that the
accused is a recidivist. Thus, even if the accused
was granted a pardon for the first offense but he
commits another felony embraced in the same
title of the Code, the first conviction is still counted
to make him a recidivist
 Being an ordinary aggravating circumstance,
recidivism affects only the periods of a penalty,
EXCEPT in prostitution and gambling (PD 1602)
wherein recidivism increases the penalties by
degrees. No other generic aggravating
circumstance produces this effect.
 If both offenses were committed on the same
date, they shall be considered as only one, hence,
they cannot be separately counted in order to
constitute recidivism. Judgments of conviction
handed down on the same day shall be considered
as only one conviction.
o Rationale: Because the RPC requires that to
be considered as separate convictions, at the
time of his trial for one crime the accused
shall have been previously convicted by final
judgment of the other.
CRIMINAL LAW REVIEWER
 To prove recidivism, it is necessary to allege the
same in the information and to attach thereto a
certified copy of the sentence rendered against the
accused.
 Recidivism must be taken into account no matter
how many years have intervened between the first
and second felonies.
11. THE OFFENDER HAS BEEN PREVIOUSLY PUNISHED:
(PAR. 10)
a. For an offense to which the law attaches
an equal or greater penalty or
b. For two or more crimes to which it
attaches a lighter penalty
Basis: Greater perversity of the offender as shown by
his inclination to crimes.
Requisites of Reiteracion or Habituality:
a. That the accused is on trial for an offense;
b. That he previously served sentence for another
offense to which the law attaches an
i. Equal ;or
ii. Greater penalty; or
iii. For two or more crimes to which it attaches a
lighter penalty than that for the new offense;
and
c. That he is convicted of the new offense.
NOTES:
 Quasi-recidivism cannot at the same time
constitute reiteracion since the former exists
before accused begins to serve sentence or while
serving the same while the latter exists after
accused has duly served sentence, hence this
aggravating circumstance cannot apply to a quasi-
recidivist.
 If the same set of facts constitutes recidivism and
reiteracion, the liability of the accused should be
aggravated by recidivism which can easily be
proven.
 The court must exercise its discretion in applying
this aggravating circumstance in favor of the
accused.
FORMS OF REPETITION
RECIDIVISM Generic aggravating
circumstance
(Par. 9, Art. 14)
REITERACION OR Generic aggravating
HABITUALITY circumstance
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 (Par .10, Art.14)
MULTI-RECIDIVISM OR Extraordinary aggravating
HABITUAL DELINQUENCY circumstance
(Par.5, Art. 62)
QUASI-RECIDIVISM Special aggravating
circumstance
(Art. 160)
e. Stranding of a vessel or intentional
damage thereto;
f. Derailment of a locomotive; and
g. By the use of any other artifice involving
great waste and ruin.
Basis: Means and ways employed.

12. THE CRIME BE COMMITTED IN CONSIDERATION OF
A PRICE, REWARD OR PROMISE (PAR. 11)
Basis: Greater perversity of the offender, as shown by
the motivating power itself.
REQUISITES:
a. There are at least two principals:
i. The principal by inducement (one who
offers); and
ii. The principal by direct participation
(accepts);
b. The price, reward, or promise should be previous
to and in consideration of the commission of the
criminal act.
NOTES:
 The circumstance is applicable to both principals. It
affects the person who received the price / reward
as well as the person who gave it as a qualifying
circumstance, if applicable (e.g. murder).
 If without previous promise, it was given
voluntarily after the crime had been committed as
an expression of his appreciation for the sympathy
and aid shown by the other accused, it should not
be taken into consideration for the purpose of
increasing the penalty.
 The price, reward or promise need not consist of
material things or need not be actually delivered, it
being sufficient that the offer made be accepted
before the commission of the offense.
 The inducement must be the primary
consideration for the commission of the crime.
NOTES:
 The circumstances under this paragraph will only
be considered as aggravating when they are used
by the offender as a means to accomplish a
criminal purpose.
 When another aggravating circumstance already
qualifies the crime, any of these aggravating
circumstances shall be considered as generic
aggravating circumstance only.
 INUNDATION refers to use of water or causing the
water to flood in the commission of the offense.
 When there is no actual design to kill a person in
burning a house, it is plain arson even if a person is
killed. Had there been an intent to kill, the crime
committed is murder, qualified by the
circumstance that the crime was committed by
means of fire.
 Fire, explosion, and derailment of locomotive may
be part of the definition of a particular crime such
as arson, crime involving destruction, and damages
and obstruction to means of communication; in
these cases, they do not serve to increase the
penalty.
COMPARE BY MEANS OF INUNDATION, FIRE, ETC V.
ON OCCASION OF CONFLAGRATION, SHIPWRECK
PAR. 12: BY MEANS OF PAR. 7: ON THE
INUNDATION, FIRE, ETC. OCCASION OF A
CONFLAGRATION,
SHIPWRECK, ETC.
The crime is committed by The crime is committed
means of any such acts on the occasion of a
involving great waste or calamity or misfortune.
ruin.

13. THE CRIME BE COMMITTED BY MEANS OF: (PAR. RULES AS TO THE USE OF FIRE:
11) ACT OF THE ACCUSED CRIME COMMITTED
a. Inundation; Intent was only to burn Simple arson with a
b. Fire; house but somebody dies specific penalty (Art. 326)
c. Poison; If fire was used as a Murder
d. Explosion; means to kill
If fire was used to conceal Separate crimes of arson

CRIMINAL LAW REVIEWER Page 44 of 72

the killing and murder/homicide
14. THE ACT BE COMMITTED WITH EVIDENT
PREMEDITATION (PAR. 13)
Basis: It has reference to the ways of committing the
crime, because evident premeditation implies a
deliberate planning of the act before executing it.
REQUISITES:
The prosecution must prove –
a. The time when the offender determined to commit
the crime;
- Mere threat not of a direct and specific
character shows accused was undetermined;
b. An act manifestly indicating that the culprit has
clung to his determination; and
- The premeditation must be based upon
external acts and not presumed from mere
lapse of time;
c. A sufficient lapse of time between the
determination and execution, to allow him to
reflect upon the consequences of his act and to
allow his conscience to overcome the resolution of
his will.
- The offender must have an opportunity to
coolly and serenely think and deliberate on
the meaning and the consequences of what
he planned to do, an interval long enough for
his conscience and better judgment to
overcome his evil desire and scheme.
Essence of Premeditation: The execution of the
criminal act must be preceded by cool thought and
reflection upon the resolution to carry out the criminal
intent during the space of time sufficient to arrive at a
calm judgment. People v. Durante, [G.R. No. L-31101,
August 23, 1929]
NOTES:
 There must be evidence showing that the accused
meditated and reflected on his intention between
the time when the crime was conceived by him
and the time it was actually perpetrated.
 Premeditation is absorbed by reward or promise
only insofar as the inducer is concerned, but not
the person induced since one can be a principal by
direct participation without the benefit of due
reflection.
 When the victim is different from that intended,
premeditation is not aggravating. However, if the
CRIMINAL LAW REVIEWER
offender premeditated on the killing of any
person, it is proper to consider against the
offender the aggravating circumstance of
premeditation, because whoever is killed by him is
contemplated in his premeditation.
 Evident premeditation, while inherent in robbery,
may be aggravating in robbery with homicide if the
premeditation included the killing of the victim.
Effect of Conspiracy on Evident Premeditation:
Conspiracy Presupposes Premeditation
GENERAL RULE: Where conspiracy is directly
established, with proof of the attendant deliberation
and selection of the method, time and means of
executing the crime, the existence of evident
premeditation can be taken for granted.
EXCEPTION: When conspiracy is only implied, evident
premeditation may not be appreciated, in the absence
of proof as to how and when the plan to kill the victim
was hatched or what time had elapsed before it was
carried out.
Evident Premeditation not Aggravating When:
GENERAL RULE: Evident premeditation may not be
taken into account when the person whom the
defendant proposed to kill was different from the one
who became his victim (error in personae).
EXCEPTION: There was a general plan to kill anyone to
commit the crime premeditated.
15. CRAFT, FRAUD, OR DISGUISE BE EMPLOYED (PAR.
14)
Basis: Means employed in the commission of the crime.
Application of Par. 14:
CRAFT (ASTUCIA): Involves intellectual trickery or
cunning on the part of the accused; A chicanery
resorted to by the accused to aid in the execution of his
criminal design. It is employed as a scheme in the
execution of the crime.
NOT AGGRAVATING
a. Where the unlawful scheme could have been
carried out just the same even without the
pretense. People v. Aspili, [G.R. No. 89418-19,
November 21, 1990]
b. Craft partakes of an element of the offense.
Page 45 of 72
FRAUD (FRAUDE): insidious words or machinations
used to induce the victim to act in a manner which
would enable the offender to carry out his design.
COMPARE FRAUD V. CRAFT
FRAUD CRAFT
There is a direct The act of the accused
inducement by insidious done in order not to
words or machinations arouse the suspicion of
the victim
DISGUISE (DISFRAZ): Resorting to any device to conceal
identity
 The fact that the mask subsequently fell down thus
paving the way for this one’s identification does
not render the aggravating circumstance of
disguise inapplicable. People v. Cabato, [G.R. No. L-
37400, April 15, 1988]
 The purpose of the offender in using any device
must be to conceal his identity.
 The test of disguise is whether the device or
contrivance resorted to by the offender was
intended to or did make identification more
difficult, such as the use of a mask or false hair or
beard.
NOTES:
 Craft and fraud may be absorbed in treachery if
they have been deliberately adopted as the means,
methods or forms for the treacherous strategy, or
they may co-exist independently where they are
adopted for different purposes in the commission
of the crime.
 Where the accused pretended to hire the driver in
order to get his vehicle, it was held that there was
craft directed to the theft of the vehicle, separate
from the means subsequently used to
treacherously kill the defenseless driver. People v.
San Pedro, [G.R. No. L-44274, January 22, 1980]
16. ABUSE OF SUPERIOR STRENGTH (PAR. 15), THAT:
a. Advantage be taken of superior
strength, or
b. Means be employed to weaken the
defense
Basis: Means employed in the commission of the crime.
CRIMINAL LAW REVIEWER
NOTE: Par. 15 contemplates two aggravating
circumstances, either of which qualifies a killing to
murder. (Art. 248)
To take advantage of superior strength means to
deliberately use excessive force that is out of
proportion to the means for self-defense available to
the person attacked. People v. Lobrigas, [G.R. No.
147649, December 17, 2002]
For abuse of superior strength, the test is the relative
strength of the offender and the victim, whether or not
he took advantage of his greater strength.
Superior strength not taken advantage of:
 When one attacks another with passion and
obfuscation;
 When a quarrel arose unexpectedly and the fatal
blow was struck at a time when the aggressor and
his victim were engaged against each other as man
to man; and
 When attack on victim was made alternately.
NOTES:
 There must be evidence that the accused were
physically stronger and that they abused such
superiority.
 The aggravating circumstance depends on the age,
size and strength of the parties – that there be
notorious inequality of forces.
 Number of aggressors, if armed, may point to
abuse of superior strength.
 There is abuse of superior strength when weapon
used is out of proportion to the defense available
to the offended party.
 When there are several offenders participating in
the crime, they must all be principals by direct
participation and their attack against the victim
must be concerted and intended to be so.
 Abuse of superior strength is inherent in the crime
of parricide where the husband kills the wife. It is
generally accepted that the husband is physically
stronger than the wife.
 Superior strength is absorbed and inherent in
treachery.
 Superior strength absorbs cuadrilla (band).
COMPARE AGGRAVATING CIRCUMSTANCES OF
SUPERIOR STRENGTH V. ‘COMMITTED BY A BAND’
BY A BAND SUPERIOR STRENGTH
Committed by more than Taking advantage by the
Page 46 of 72
three armed malefactors culprits of their collective
regardless of the strength to overpower
comparative strength of their relatively weaker
the victim or victims. victim or victims.
The offender employs means that materially weaken
the resisting power of the offended party.
Examples:
a. Where one, struggling with another, suddenly
throws a cloak over the head of his opponent then
he wounds or kills him.
b. When the offender, who had the intention to kill
the victim, made the deceased intoxicated,
thereby materially weakening the latter’s resisting
power.
NOTE:
 This circumstance is applicable only to crimes
against persons, and sometimes against person
and property, such as robbery with physical
injuries or homicide.
17. THE ACT BE COMMITTED WITH TREACHERY
(ALEVOSIA) (PAR. 16)
Basis: Means and ways employed in the commission of
the crime.
There is 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. Treachery means that the
offended party was not given opportunity to make a
defense.
REQUISITES:
a. At the time of the attack, the victim was not in a
position to defend himself; and
b. The offender consciously adopted the particular
means, method or form of attack employed by
him.
NOTE: It is not only the relative position of the parties
but also whether or not the victim was forewarned or
afforded the opportunity to make a defense or to ward
off the attack.
CRIMINAL LAW REVIEWER
Rules regarding Treachery:
 Applicable only to crimes against persons;
 Means, methods or forms need not insure
accomplishment of crime but only its execution;
and
 The mode of attack must be consciously adopted.
NOTES:
 The characteristic and unmistakable manifestation
of treachery is the deliberate, sudden and
unexpected attack of the victim without any
warning and without giving him an opportunity to
defend himself or repel the initial assault. All three
must concur, otherwise, there can be no treachery.
 As can be gleaned from jurisprudence, the
suddenness and unexpectedness of the attack
refers to the manner by which it is executed and
not to the formulation (which must be deliberate
or thought of by the offender) of the manner of
execution (People v. Cadag, G.R. No. L-13830, May
31, 1961; People v. Tamani, Nos. L-22160-61, Jan.
21, 1974; People v. Pajenado, No. L-26458, Jan. 30,
1976; People v. Palencia, No. L-38957, April 30,
1976)
However, People v. Ramolete (No. L-28108, March
27, 1974) considered treachery as aggravating
even if the accused shot the victim on his back
without deliberation because the latter was trying
to escape through the window
 Treachery is appreciated even if the crime against
the person is complexed with another felony
involving a different classification in the Code.
Thus, in the special complex crime of robbery with
homicide, treachery can be appreciated insofar as
the killing is concerned. The law explicitly provides
in Art. 297 that the penalty for robbery with
homicide is reclusion temporal in its maximum
period to reclusion perpetua, unless the homicide
committed shall deserve a higher penalty in the
Code
 Treachery may exist even if the attack is face to
face, where it appears that the attack was not
preceded by a dispute and the offended party was
unable to prepare himself for his defense.
 Attack from behind is not always treachery – it
must appear that such mode of attack was
consciously adopted and the question of risk to
offender be taken into account.
 General rule: Treachery must be proved by clear
and convincing evidence and cannot be presumed.
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 Exception: Treachery applies in the killing of a child a. Abuse of superior strength;
even if the manner of attack is not shown. b. Craft;
 The mode of attack must be consciously adopted. c. Employing means to weaken the defense;
o The accused must make some preparation to d. Cuadrilla (“band”);
kill the deceased in such a manner as to insure e. Aid of armed men; and
the execution of the crime or to make it f. Nighttime.
impossible or hard for the person attacked to
defend himself or retaliate.  Treachery cannot co-exist with passion or
o The mode of attack must be thought of by the obfuscation.
offender, and must not spring from
unexpected turn of events. COMPARE TREACHERY V. ABUSE OF SUPERIOR
STRENGTH V. MEANS EMPLOYED TO WEAKEN THE
When must Treachery be Present: DEFENSE
 When the aggression is continuous, treachery must
be present in the beginning of the assault. TREACHERY ABUSE OF MEANS
o Example. Even if the deceased was shot while SUPERIOR EMPLOYED TO
he was lying wounded on the ground, it STRENGTH WEAKEN THE
appearing that the firing of the shot was a DEFENSE
mere continuation of the assault in which the Means, Offender only Means are
deceased was wounded, with no appreciable methods or takes advantage employed but it
time intervening between the delivery of the forms are of his superior only materially
blows and the firing of the shot, it cannot be employed by strength and weakens the
said that the crime was attended by the offender to does not employ resisting power
treachery. make it means, methods of the offended
 When the assault was not continuous, in that there impossible or or forms of party
was interruption, it is sufficient that treachery was hard for the attack.
present at the moment the fatal blow was given. offended party
o Example. Hence, if there was a break in the to put any sort
continuity of the aggression and at the time of of resistance
the fatal wound was inflicted on the deceased
he was defenseless, the circumstance of
treachery must be taken into account. 18. MEANS BE EMPLOYED OR CIRCUMSTANCES
BROUGHT ABOUT WHICH ADD IGNOMINY TO THE
Treachery should be considered even if: NATURAL EFFECTS OF THE ACT (PAR. 17)
 The victim was not predetermined but there was a Basis: Means employed
generic intent to treacherously kill any first two
persons belonging to a class. (The same rule IGNOMINY is a circumstance pertaining to the moral
obtains for evident premeditation). order, which adds disgrace and obloquy to the material
 There was aberratio ictus and the bullet hit a injury caused by the crime.
person different from that intended. (The rule is
different in evident premeditation). NOTES:
 There was error in personae, hence the victim was  It is applicable to crimes against chastity, less
not the one intended by the accused. (A different serious physical injuries, light or grave coercion,
rule is applied in evident premeditation). and murder.
 Reason: It is nonetheless impossible for either the
intended victim or the actual victim to defend Meaning of “which add ignominy to the natural
himself against the aggression. effects of the act”:
 The means employed or the circumstances
Treachery absorbs:[ ACE CAN]6 brought about must tend to make the effects of
the crime more humiliating or to put the offended
party to shame.
6
Memory aide

CRIMINAL LAW REVIEWER Page 48 of 72

 Injured party must not be dead when the act
causing ignominy was inflicted to him because the
act must add to the injured party’s moral suffering.
COMPARE IGNOMINY V. CRUELTY
IGNOMINY (par. 17) CRUELTY (par. 21)
Involves moral suffering Refers to physical
suffering
19: CRIME BE COMMITTED AFTER AN UNLAWFUL
ENTRY (PAR. 18)
Basis: Means and ways employed to commit the crime.
There is unlawful entry when an entrance (not escape)
is effected by a way not intended for the purpose.
One who acts, not respecting the walls erected by men
to guard their property and provide for their personal
safety, shows a greater perversity, a greater audacity,
hence, the law punishes him with more severity.
NOTES:
 Dwelling and unlawful entry taken separately as
aggravating circumstances in murders committed
in a dwelling.
 May be considered as aggravating in robbery with
violence against or intimidation of persons.
 Not aggravating i trespass to dwelling as unlawful
entry is inherent therein.
20. AS A MEANS TO THE COMMISSION OF A CRIME, A
WALL, ROOF, FLOOR, DOOR, OR WINDOW BE BROKEN
(PAR. 19)
Basis: Means and ways employed to commit the crime.
NOTES:
 Applicable only if such acts were done by the
offender to effect ENTRANCE.
 It is not necessary that the offender should have
entered the building. What aggravates the liability
is the breaking of a part of the building as a means
of committing the crime.
COMPARE BREAKING AS MEANS TO COMMISSION OF
THE CRIME V. AFTER AN UNLAWFUL ENTRY
CRIMINAL LAW REVIEWER
BREAKING AS MEANS TO AFTER AN UNLAWFUL
COMMISSION OF THE ENTRY, PAR. 18
CRIME, PAR. 19
Involves the breaking Presupposes that there is
(rompimiento) of the no such breaking as by
enumerated parts of the entry through the
house. window.
Where Breaking of Door or Window is Lawful:
a. An officer, in order to make an arrest, may break
open a door or window of any building in which
the person to be arrested is or is reasonably
believed to be (Sec. 11, Rule 113, of Rules of
Court); and
b. An officer, if refused admittance, may break open
any door or window to execute the search warrant
or liberate himself,(Sec. 7, Rule 126 of ROC).
21. THE CRIME BE COMMITTED: (PAR. 20)
a. With the aid of persons under 15 years
of age, or
b. By means of motor vehicles, airships, or
other similar means
Basis: Means and ways employed to commit the crime.
Two different circumstances grouped in this
paragraph:
a. With the aid of persons under fifteen years of age
 Intends to repress the frequent practice
resorted to by professional criminals to avail
themselves of minors taking advantage of
their irresponsibility.
b. By means of motor vehicles, airships, or other
similar means
 Intended to counteract the great facilities
found by modern criminals in said means to
commit crime and flee and abscond once the
same is committed.
 Use of motor vehicle is aggravating where the
accused purposely and deliberately used the
motor vehicle in going to the place of the
crime, in carrying away the effects thereof,
and in facilitating their escape.
 Other similar means refers to motorized
vehicles or other efficient means of
transportation similar to automobile or
airplane.
 Not aggravating: used only to facilitate the
escape or use was merely incidental and not
Page 49 of 72
 purposely sought to facilitate the commission
of the offense. However, Reyes, citing Justice
Guevara, says that the use of motor vehicles
to facilitate the escape is aggravating because
the same furnish a quick means for the flight
or concealment of the offender (Reyes, p.
462).
22. THE WRONG DONE IN THE COMMISSION OF THE
CRIME BE DELIBERATELY AUGMENTED BY CAUSING
OTHER WRONG NOT NECESSARY FOR ITS
COMMISSION (PAR. 21)
Basis: Ways employed to commit the crime.
There is cruelty when the culprit enjoys and delights in
making his victim suffer slowly and gradually, causing
unnecessary physical pain in the consummation of the
criminal act.
REQUISITES:
a. The injury caused be deliberately increased by
causing other wrong; and
b. The other wrong be unnecessary for the execution
of the purpose of the offender.
NOTES:
 The wounds found on the body of the victim must
be inflicted while he was still alive in order
unnecessarily to prolong physical suffering.
 If the victim was already dead when the acts of
mutilation were being performed, this would also
qualify the killing to murder due to outraging of his
corpse. (Art. 248)
 Number of wounds alone does not show cruelty, it
being necessary to show that the accused
deliberately and inhumanly increased the
sufferings of the victims.
Compare Ignominy v. Cruelty
PAR. 17: IGNOMINY PAR. 21: CRUELTY
Involves MORAL suffering Refers to PHYSICAL
suffering
NOTE: Unlike mitigating circumstances (par. 10, Art.
13), there is NO provision for aggravating
circumstances of a similar or analogous character.
23. OTHER AGGRAVATING CIRCUMSTANCES UNDER
SPECIAL PENAL LAWS
CRIMINAL LAW REVIEWER
Use of Unlicensed Firearms
 If homicide or murder is committed with the use of
an unlicensed firearm, such use of an unlicensed
firearm shall be considered as an aggravating
circumstance. (Sec. 1, par. 3)
 When a person commits any crime under the
Revised Penal Code or Special Laws with the use of
explosives including but not limited to pillbox,
molotov cocktail bombs, detonation agents or
incendiary devises resulting in the death of a
person, the same is aggravating. (Sec. 3)
COMPREHENSIVE DANGEROUS DRUGS ACT
 When a crime is committed by an offender who is
under the influence of dangerous drugs, such state
shall be considered as a qualifying aggravating
circumstances. (Sec. 25)
 For drug pushers who use minors or mentally
incapacitated individuals as runners, couriers and
messengers, or in any other capacity directly
connected to the dangerous drugs and/or
controlled precursors and essential chemical trade,
the maximum penalty shall be imposed in every
case. (Sec. 5)
 If the victim of the offense is a minor or a mentally
incapacitated individual, or should a dangerous
drug and/or a controlled precursor and essential
chemical involved in any offense herein provided
be the proximate cause of death of a victim
thereof, the maximum penalty provided for under
this Section shall be imposed. (Sec. 5)
 The provisions of the Revised Penal Code (Act No.
3814), as amended, shall not apply to the
provisions of this Act, except in the case of minor
offenders. Where the offender is a minor, the
penalty for acts punishable by life imprisonment to
death provided herein shall be reclusion perpetua
to death. (Sec. 98)
SPECIFIC AGGRAVATING CIRCUMSTANCES:
1. Violation of domicile: nighttime, papers or effects
not returned immediately;
2. Interruption of religious worship: violence or
threats;
3. Direct assault: weapon, offender is a public officer
or employee, offender lays hands upon a person in
authority;
4. Grave threats: in writing, thru a middleman;
Page 50 of 72
5. Robbery with violence against or intimidation of
persons: uninhabited place, band, EXCEPT robbery
with homicide or robbery with rape; and
6. Robbery with force upon things: uninhabited place
and by a band.
(F) ALTERNATIVE CIRCUMSTANCES
ALTERNATIVE CIRCUMSTANCES are those that must be
taken into consideration as aggravating or mitigating
according to the nature and effects of the crime and the
other conditions attending its commission.
Basis: Nature and effects of the crime and the other
conditions attending its commission.
Alternative Circumstances:
1. RELATIONSHIP;
2. INTOXICATION; and
3. Degree of instruction and education of the
offender.
1. RELATIONSHIP
The alternative circumstance of relationship shall be
taken into consideration when the offended party is
the:
a. Spouse;
b. Ascendant;
c. Descendant;
d. Legitimate, natural, or adopted brother
or sister; or
e. Relative by affinity, in the same degree,
of the offender;
f. Stepfather or stepmother and stepson or
stepdaughter People v. Bersabal, [G.R.
No. 24532, December 11, 1925]; and
g. Adoptive parent and adopted child.
When Relationship is Mitigating:
a. Crimes against property, by analogy, to the
provisions of Art. 332:
i. Robbery, usurpation, fraudulent insolvency,
and arson; and
ii. Relationship is exempting in theft, estafa, and
malicious mischief.
b. Crimes against persons
When the offense committed is less serious
physical injuries or slight physical injuries and
the offended party is a relative of a lower
degree.
CRIMINAL LAW REVIEWER
When Relationship is Aggravating:
a. Crimes against persons
a. It is aggravating where the offended party is a
relative of
 A higher degree than the offender, or
 When the offender and the offended
party are relatives of the same degree.
b. In physical injuries
 The crime against persons is serious
physical injuries, even if the offended
party is a descendant of the offender. But
the serious physical injuries must not be
inflicted by a parent upon his child by
excessive chastisement.
 The offense committed is less serious
physical injuries or slight physical injuries
if the offended party is relative of a
higher degree of the offender.
c. When the crime is homicide or murder,
relationship is aggravating even if the victim
of the crime is a relative of a lower degree.
d. In rape, relationship is aggravating where a
stepfather raped his stepdaughter, or in a
case where a father rapes his own daughter.
b. Crimes against chastity
- In acts of lasciviousness, relationship is
always aggravating, regardless of whether the
offender is a relative of a higher or lower
degree of the offended party.
NOTE: When the qualification given to the crime is
derived from the relationship between the offender
and the offended party, it is neither mitigating nor
aggravating, because it is inseparable from and inherent
in the offense.
2. INTOXICATION
Basis
a. As a mitigating circumstance, it finds its
reason in the fact that when a person is under
the influence of liquor, his exercise of will
power is impaired.
b. As an aggravating circumstance, because it is
intentional, the reason is that the offender
resorted to it in order to bolster his courage to
commit a crime.
- The constant use of intoxicating liquor
lessens the individual resistance to evil
thoughts and undermines the will power
Page 51 of 72
 making himself a potential evildoer against
whose activities, society has the right for its
own protection to impose a more sever
penalty.
COMPARE MITIGATING V. AGGRAVATING
MITIGATING AGGRAVATING
If intoxication is not If intoxication is habitual
habitual
If intoxication is not If it is intentional
subsequent to the plan to (subsequent to the plan to
commit a felony commit a felony)
A HABITUAL DRUNKARD is one given to intoxication by
excessive use of intoxicating drinks.
Once intoxication is established by
satisfactory evidence, in the absence of proof
to the contrary, it is presumed to be non-
habitual or unintentional.
To be entitled to the Mitigating Circumstance, it must
be shown that:
a. At the time of the commission of the criminal act,
he has taken such quantity of alcoholic drinks as to
blur his reason and deprive him of a certain degree
of control; and
b. Such intoxication is not habitual, or subsequent to
the plan to commit the felony.
NOTE: Intoxication must diminish the agent’s capacity
to know the injustice of his acts, and his will to act
accordingly.
3. DEGREE OF INSTRUCTION AND EDUCATION OF THE
OFFENDER
It does not refer only to literacy but more to the level
of intelligence of the accused
NOTES:
 Refers to the lack of sufficient intelligence and
knowledge of the full significance of one’s acts.
 Low degree of instruction and education or lack of
it is generally mitigating.
 High degree of instruction and education is
aggravating when the offender avails himself of
his learning in committing the crime.
GENERAL RULE: Lack of sufficient education is
mitigating.
CRIMINAL LAW REVIEWER
EXCEPTIONS:
a. Crimes against property (e.g., arson, estafa, theft,
robbery);
b. Crimes against chastity;
c. Treason: because love of country should be a
natural feeling of every citizen, however
unlettered or uncultured he may be;
d. Murder; and
e. Rape.
(G) ABSOLUTORY CAUSE
ABSOLUTORY CAUSE
Absolutory Causes are those where the act committed
is a crime but for reasons of public policy and sentiment
there is no penalty imposed. Exempting and justifying
circumstances are absolutory causes.
Basis: A sound public policy requires that the courts
shall condemn this practice by directing the acquittal of
the accused.
Examples of such other circumstances are:
1. Spontaneous desistance (Art. 6);
2. Accessories exempt from criminal liability (Art. 20);
3. Death or physical injuries inflicted under
exceptional circumstances (Art. 247);
4. Persons exempt from criminal liability from theft,
swindling, malicious mischief (Art 332); and
5. Instigation.
COMPARE ENTRAPMENT V. INSTIGATION
ENTRAPMENT INSTIGATION
The ways and means are Instigator practically
resorted to for the induces the would-be
purpose of trapping and accused into the
capturing the lawbreaker commission of the offense
in the execution of his and himself becomes a
criminal plan. co-principal.
NOT a bar to accused’s Accused will be acquitted.
prosecution and
conviction
NOT an absolutory cause Absolutory cause
======================================
IV. PERSONS CRIMINALLY LIABLE /
DEGREE OF PARTICIPATION
======================================
Page 52 of 72
(A) PERSONS CRIMINALLY LIABLE FOR GRAVE AND
LESS GRAVE FELONIES.
Art. 16. Who are criminally liable. — The following are
criminally liable for grave and less grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.
(B) PERSONS CRIMINALLY LIABLE FOR LIGHT
FELONIES
The following are criminally liable for light felonies:
1. Principals; and
2. Accomplices.
(C) PARTIES IN ALL CRIMES
1. ACTIVE SUBJECT
The active subject is the criminal. Only natural persons
can be the active subject of a crime because of the
highly personal nature of the criminal responsibility.
Under the Revised Penal Code, persons act with
personal malice or negligence; artificial persons cannot
act with malice or negligence.
A juridical person like a corporation cannot commit a
crime that requires willful purpose or malicious intent.
Criminal actions are restricted or limited to the officials
of the corporation and never directed against the
corporation itself, except under:
a. Corporation Law;
b. Public Service Law;
c. Securities Law; and
d. Election Code.
There is substitution of deprivation of liberty for
pecuniary penalties in insolvency cases.
As to the imposition of other penalties like destierro
and imprisonment, theseare imposed and executed
executed on individuals only and not for juridical
persons.
2. PASSIVE SUBJECT
The passive subject of a crime is the person injured. The
holder of the injured right is the man, the juristic
person, the group, and the State.
CRIMINAL LAW REVIEWER
Corporations and partnerships can be passive subjects
of a crime.
Corpses and animals cannot be passive subjects
because they have no rights that may be injured.
EXCEPTION: Under Article 253, the crime of defamation
may be committed if the imputation tends to blacken
the memory of one who is dead.
It should be noted that Article 16 only applies when the
offenders are to be judged by their individual, and not
collective liability.
(D) PRINCIPAL
Art. 17. Principals. — The following are considered
principals:
1. Those who take a direct part in the execution of the
act;
2. Those who directly force or induce others to
commit it;
3. Those who cooperate in the commission of the
offense by another act without which it would not
have been accomplished.
1. BY DIRECT PARTICIPATION
REQUISITES:
a. They participated in the criminal resolution; and
b. They carried out their plan and personally took
part in its execution by acts which directly tended
to the same end.
 When this element is lacking, there is only
conspiracy.
In conspiracy by prior agreement, a participant in the
conspiracy who does not appear at the scene of the
crime is not liable, because:
 Non-appearance is deemed desistance which
is favored and encouraged;
 Conspiracy is generally not a crime unless the
law specifically provides a penalty therefor.
 There is no basis for criminal liability because
there is no criminal participation.
2. BY INDUCEMENT
REQUISITES:
Page 53 of 72
a. That the inducement be made directly with the presentation to the person induced of the very
intention of procuring the commission of the strongest king of temptation to commit the crime.
crime;
b. That such inducement be the determining cause of The inducement must precede the act induced and
the commission of the crime by the material must be so influential in producing the criminal act that
executor; and without it, the act would not have been performed.
c. Without such inducement the crime would not
have been committed. A thoughtless expression without intention to produce
the result is not an inducement to commit a crime.
Ways of Becoming Principal by Induction
a. By directly forcing another to commit a crime If the crime committed is not contemplated in the
i. Using irresistible force; or order given, the inducement is not material and not the
ii. By causing uncontrollable fear; determining cause thereof.
iii. In these cases, there is no conspiracy, not
even a unity of criminal purpose and COMPARE PRINCIPAL BY INDUCEMENT AND
intention. Only the one using force or causing OFFENDER WHO MADE PROPOSAL TO COMMIT A
fear is criminally liable. FELONY
b. By directly inducing another to commit a crime
i. By giving price, or offering reward or promise PRINCIPAL BY OFFENDER WHO MADE
 Both the one giving the price or offering INDUCEMENT PROPOSAL TO COMMIT A
reward or promise and the one FELONY
committing the crime in consideration There is an inducement to commit a crime
thereof are principals. Liability
ii. By using words of command Principal becomes liable Mere proposal to commit
 The inciting words must have great only when the crime is a felony is punishable in
dominance and influence over the person committed by the treason or rebellion
who acts where it would be the moving principal by direct
cause for the offense. participation The person to whom the
 There is also collective criminal proposal is made should
responsibility. not commit the crime,
otherwise, the proponent
becomes a principal by
REQUISITES: inducement
o The one uttering the words of Crime Involved
command must have the intention of Involves any crime Must involve only treason
procuring the commission of the or rebellion
crime;
o The one who made the command must Effects of acquittal of principal by direct participation
have ascendancy or influence over the upon the liability of principal by inducement:
person who acted;  Conspiracy is negated by the acquittal of co-
o The words used must be so direct, so defendant.
efficacious, so powerful as to amount to  One cannot be held guilty of having instigated the
physical or moral coercion; commission of a crime without first being shown
o The words of command must be uttered that the crime has been actually committed by
prior to the commission of the crime; and another.
o The material executor of the crime has no  If the one charged as principal by direct
personal reason to commit the crime. participation is acquitted, his acquittal is not a
ground for the acquittal of the principal by
There must exist on the part of the inducer the most inducement.
positive resolution and the most persistent effort to
secure the commission of the crime, together with the 3. BY INDISPENSIBLE COOPERATION

CRIMINAL LAW REVIEWER Page 54 of 72

 PARTICIPATION INDUCEMENT INDISPENSABLE
REQUISITES: COOPERATION
a. Participation in the criminal resolution, that is, Participation
there is either anterior conspiracy or unity of Takes part in the 1. Directly Cooperates in
criminal purpose and intention immediately before execution of the forcing another the commission
the commission of the crime charged. This, in turn, act constituting to commit a of the offense by
requires the following: the crime crime by: performing
i. Participation in the criminal resolution; - using another act,
ii. There must be conspiracy; irresistible force without which it
iii. Concurrence is sufficient; and - causing would not have
iv. Cooperation is indispensable; uncontrollable been
b. Cooperation in the commission of the offense by fear accomplished
performing another act, without which it would 2. Directly
not have been accomplished. It should be noted inducing
that: another to
i. Cooperation must be indispensable; commit a crime
ii. If participation is dispensable, accused is only by:
an accomplice, not a principal; and - giving price, or
iii. If cooperation is necessary in the execution of offering reward
the offense, accused is considered as a or promise
principal by direct participation. - using words of
command
To cooperate means to desire or wish in common a Collective Criminal Responsibility
thing. But that common will or purpose does not If there is no Principal, Principal has
necessarily mean previous understanding, for it can be conspiracy, then EXCEPT that criminal
explained or inferred from the circumstances of each each offender is who directly collective
case. People v. Aplegido, [G.R. No. L-163, April 27, 1946] only liable for forced another responsibility
the acts to commit a with the
There can be NO principal by inducement or principal performed by crime, and principal by
by cooperation unless there is a principal by direct him. principal by direct
participation. However, there may be a principal by direct participation
direct participation despite the absence of the former. Principals have participation
collective
INDIVIDUAL CRIMINAL RESPONSIBILITY criminal 1. In case of
In the absence of conspiracy, unity of criminal purpose responsibility. Inducement by
and intention immediately before the commission of forcing another
the crime, or community of criminal design, the to commit a
criminal responsibility arising from different acts crime, either
directed against one and the same person is individual through (a)
and not collective, and each of the participants is liable irresistible force
only for acts committed by him. U.S. v. Magcomot, [G.R. or (b)
No. L-18289, November 17, 1922] uncontrollable
fear:
COLLECTIVE CRIMINAL RESPONSIBILITY The inducer is
There is COLLECTIVE CRIMINAL RESPONSIBILITY when liable as the
the offenders are criminally liable in the same manner principal while
and to the same extent. The penalty to be imposed the material
must be the same for all. executor is not
liable due to
Compare Different Types of Principals Art. 12 pars. 5
and 6
BY DIRECT BY BY

CRIMINAL LAW REVIEWER Page 55 of 72

 actually committed was a natural or probable
2. In case of consequence of the intended crime;
inducing b. He cooperates in the execution of the offense by
another to previous or simultaneous acts, with the intention
commit a crime of supplying material or moral aid in the execution
by either of the crime in an efficacious way. The following
(a) giving price should be noted:
or offering  The cooperation of the accomplice is only
reward or necessary, not indispensable ;
promise or  The cooperation is not due to a conspiracy;
(b) through use and
of words of  The wounds inflicted by an accomplice in
command: crimes against persons should not have
there is caused the death of the victim;
collective  Being present and giving moral support when
criminal a crime is being committed where it may be
responsibility – through advice, encouragement or
one as a agreement; and
principal by c. There should be a relation between the acts done
inducement and by the principal and those attributed to the person
another as a charged as accomplice.
principal by
direct QUASI-COLLECTIVE RESPONSIBILITY
participation Some of the offenders in the crime are principals and
the others as accomplices.

COMPARE ACCOMPLICE V. PRINCIPAL IN GENERAL

(E) ACCOMPLICE
ACCOMPLICE PRINCIPAL
Art. 18. Accomplices. — Accomplices are those Participation
persons who, not being included in Art. 17, cooperate Does not take direct part Either takes direct part in
in the execution of the offense by previous or in the commission of the the commission of the act,
simultaneous acts. act, does not force or induces or forces another
induce others to commit to commit it, or cooperates
REQUISITES: it, or does not cooperate in the commission of the
a. There be community of design; that is, knowing in the commission of the crime by another act,
the criminal design of the principal by direct crime by another act, without which it would not
participation, he concurs with the latter in his without which it would have been accomplished
purpose. The following should be noted: not have been
i. Knowledge of the criminal design of the accomplished, yet
principal can be acquired by the accomplice cooperates in the
when: execution of the act by
 The principal informs or tells the previous or simultaneous
accomplice of the former’s criminal means
design; and Knowledge
 The accomplice saw the criminal acts of Has knowledge of the Has knowledge of the
the principal; criminal design of the criminal design and
ii. The community of design need not be to principal and merely carries/executes it
commit the crime actually committed. It is concurs with the criminal
sufficient if there was a common purpose to purpose
commit a particular crime and that the crime

CRIMINAL LAW REVIEWER Page 56 of 72

 there must be conspiracy conspiracy
ACCOMPLICE V. PRINCIPAL BY INDISPENSABLE
COOPERATION COMPARE ACCOMPLICE V. CONSPIRATOR
ACCOMPLICE PRINCIPAL BY
INDISPENSABLE ACCOMPLICE CONSPIRATOR
COOPERATION They know and agree with the criminal design
Necessity of participation They come to know about They come to know the
Participation is not Participation is it after the principals have criminal intention because
indispensable (it is indispensable reached the decision, and they themselves have
dispensable) only then do they agree decided upon such course
Degree of participation to cooperate in its of action
Cooperates in the Participates in the criminal execution
execution of the offense resolution, in such a way They are merely They are the authors of a
by previous or that there is either anterior instruments who perform crime
simultaneous acts, with conspiracy or unity of acts not essential to the
the intention of criminal purpose and perpetration of the
supplying material or intention immediately offense
moral aid in the before the commission of
execution of the crime in the crime charged (F) ACCESSORY
an efficacious way
Art. 19. Accessories. — Accessories are those who,
ACCOMPLICE V. PRINCIPAL BY DIRECT PARTICIPATION having knowledge of the commission of the crime, and
 There is community of criminal design. without having participated therein, either as
 In case of doubt, it shall be resolved in favor of principals or accomplices, take part subsequent to its
lesser responsibility, that is, that of mere commission in any of the following manners:
accomplice.
 Between the principals and the accomplices, there 1. By profiting themselves or assisting the offender to
is no conspiracy. profit by the effects of the crime;
2. By concealing or destroying the body of the crime,
COMPARE ACCOMPLICE V. PRINCIPAL BY DIRECT or the effects or instruments thereof, in order to
PARTICIPATION prevent its discovery;
ACCOMPLICE PRINCIPAL BY DIRECT 3. By harboring, concealing, or assisting in the escape
PARTICIPATION of the principals of the crime, provided the accessory
Community of criminal Community of criminal acts with abuse of his public functions or whenever
design, however such design the author of the crime is guilty of treason, parricide,
community need not be murder, or an attempt to take the life of the Chief
to commit the crime Executive, or is known to be habitually guilty of some
actually committed; other crime.
Sufficient that there was
a common purpose to An accessory does not participate in the criminal
commit a particular design, nor cooperate in the commission of the felony,
crime and that the crime but, with knowledge of the commission of the crime, he
actually committed was a subsequently takes part in three ways:
natural or probable 1. Profiting from the effects of the crime;
consequence of the 2. Concealing the body, effects or
intended crime instruments of the crime in order to
No clear cut distinction between the acts of the prevent its discovery; and
accomplice and those of the principal by direct 3. Assisting in the escape or concealment of
participation the principal of the crime, provided he
Between principals liable Between principals and acts with abuse of his public functions or
for the same offense, accomplices, there is no the principal is guilty of treason,

CRIMINAL LAW REVIEWER Page 57 of 72

 parricide, murder, or an attempt to take
the life of the Chief Executive, or is
known to be habitually guilty of some
other crime.
An accessory must have knowledge of the commission
of the crime, and having that knowledge, he took part
subsequent to its commission.
The crime committed by the principal must be proved
beyond reasonable doubt.
Specific Acts of Accessories:
1. By profiting themselves or assisting the offender
to profit by the effects of the crime
 The crime committed by the principal under
this paragraph may be any crime, provided it
is not a light felony.
 Profiting themselves by the effects of the
crime
o The accessory should not take the
property without the consent of the
principal.
o When a person knowingly acquired or
received property taken by the brigands,
the crime is punished as the act of the
principal, not the act of the accessory.
 Assisting the offender to profit by the effects
of the crime
2. By concealing or destroying the body of the
crime, or the effects or instruments thereof, in
order to prevent its discovery.
3. The crime committed by the principal under this
paragraph may be any crime, provided it is not a
light felony.
 Body of the crime is the corpus delicti, that a
specific offense was in fact committed by
someone.
 There must be an attempt to hide the body of
the crime.
 The stolen property is the effect of the crime.
The pistol or knife is the instrument of the
crime.
4. By harboring, concealing, or assisting in the
escape of the principals of the crime, provided
the accessory acts with abuse of his public
functions or whenever the author of the crime is
guilty of treason, parricide, murder, or an attempt
CRIMINAL LAW REVIEWER
to take the life of the Chief Executive, or is known
to be habitually guilty of some other crime.
CLASSES OF ACCESSORIES CONTEMPLATED IN PART. 3:
1. Public officers, who harbor, conceal or assist in the
escape of the principal of any crime (not light
felony) with abuse of his public functions.
REQUISITES:
a. The accessory is a public officer;
b. He harbors, conceals, or assists in the escape
of the principal;
c. He acts with abuse of his public function; and
d. The crime committed by the principals is any
crime, except a light felony.
2. Private persons who harbor, conceal or assist in
the escape of the author of the crime – guilty of
treason, parricide, murder, or an attempt against
the life of the President, or who is known to be
habitually guilty of some other crime.
REQUISITES:
a. The accessory is a private person;
b. He harbors, conceals or assists in the escape
of the author of the crime;
c. The crime committed by the principal is
either:
o Treason;
o Parricide;
o Murder ;
o An attempt against the life of the
President; or
o That the principal is known to be
habitually guilty of some other crime.
Public Officers and Private Persons, Distinguished
Public Officers Private Persons
Harbors, conceals or Harbors, conceals or
assists in the escape assistin the escape of the
of the principal of author of the crime
any crime
Accessory is a public Accessory is a private
officer person
Public officer acts No abuse required (not a
with abuse of his public officer)
public functions
Crime committed by crime committed by the
the principal principal is either: (a)
involves any crime, treason, (b) parricide, (c)
except light felonies murder, (d) an attempt
Page 58 of 72
 against the life of the
President, or (e) that the
principal is known to be
habitually guilty of some
other crime
Notes:
The accessories’ liability is subordinate and subsequent.
Conviction of an accessory is possible notwithstanding
the acquittal of the principal, if the crime was in fact
committed, but the principal was not held criminally
liable, because of an exempting circumstance.
Even if the principal is still unknown or at large, the
accessory may be held responsible provided the
requisites prescribed by law for the existence of the
crime are present and that someone committed it.
Where the commission of the crime and the
responsibility of the accused as an accessory are
established, the accessory can be convicted,
notwithstanding the acquittal of the principal. Vino v.
People, [G.R. No. 84163, October 19, 1989]
PLEASE SEE SPL REVIEWER, ANTI-FENCING LAW AND
THE DECREE PENALIZING OBSTRUCTION OF JUSTICE,
READ IN RELATION TO THE TOPIC ON ACCESSORIES.
(I) PERSONS EXEMPT FROM CRIMINAL LIABILITY
Art. 20. Accessories who are exempt from criminal
liability. — The penalties prescribed for accessories
shall not be imposed upon those who are such with
respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters,
or relatives by affinity within the same degrees, with
the single exception of accessories falling within the
provisions of paragraph 1 of the next preceding
article.
Notes:
The exemption is based on the ties of blood and the
preservation of the cleanliness of one’s name.
An accessory is exempt from criminal liability, when the
principal is his—
 Spouse;
CRIMINAL LAW REVIEWER
 Ascendant;
 Descendant; or
 Legitimate, natural or adopted brother,
sister, or relative by affinity within the
same degree.
The accessory is not exempt from criminal liability even
if the principal is related to him, if such accessory:
 Profited by the effects of the crime;
 Assisted the offender to profit by the
effects of the crime; and
 Such acts are prompted not by affection
but by a detestable greed.
Only accessories under Art. 19(2) and (3) are exempt
from criminal liability if they are related to the
principals.
Ties of blood or relationship constitute a more
powerful incentive than the call of duty.
======================================
V. PENALTIES
======================================
(A) GENERAL PRINCIPLES
PENALTY is the suffering that is inflicted by the State
for the transgression of the law.
1. DIFFERENT JURIDICAL CONDITIONS OF PENALTY
a. Productive of suffering, without however affecting
the integrity of the human personality;
b. Commensurate with the offense: different crimes
must be punished with different penalties;
c. Personal: no one should be punished for the crime
of another;
d. Legal: it is the consequence of a judgment
according to law;
e. Certain: no one must escape its effects;
Page 59 of 72
f. Equal for all; and
g. Correctional.
2. THEORIES JUSTIFYING PENALTIES
a. Prevention: to prevent or suppress the danger to
the State arising from the criminal act of the
offender;
b. Self-defense: to protect society from the threat
and wrong inflicted by a criminal;
c. Reformation: to correct and reform the offender;
d. Exemplarity: the criminal is punished to serve as
an example to deter others from committing
crimes; and
e. Justice: that crime must be punished by the State
as an act of retributive justice, a vindication of
absolute right and moral law violated by the
criminal.
3. PENALTIES THAT MAY BE IMPOSED
GENERAL RULE: A felony shall be punishable only by
the penalty prescribed by law at the time of its
commission.
Rationale: A law cannot be rationally obeyed unless it is
first shown, and a man cannot be expected to obey an
order that has not been given.
NOTE: Art. 21 implements the constitutional
prohibition against ex post facto laws. It reflects the
maxim that there is no crime without a penalty and
that there is no penalty without a law (nullum crimen
sine poena; nulla poena sine lege). But, as provided in
Art. 22, ex post facto laws are allowed if favorable to
the accused.
GENERAL RULE: Penal laws are applied prospectively.
EXCEPTION: When retrospective application will be
favorable to the person guilty of a felony, provided
that:
a. The offender is NOT a habitual criminal
(delinquent) under Art. 62(5); and
b. The new or amendatory law does NOT provide
against its retrospective application.
RATIONALE FOR THE EXCEPTION IN ART. 22: Such an
exception is based on strict justice and not on political
considerations. The sovereign, in enacting subsequent
penal law more favorable to the accused, has
recognized that the greater severity of the former law
CRIMINAL LAW REVIEWER
is unjust. The sovereign would be inconsistent if it
would still enforce its right under the conditions of the
former law, which has already been regarded by
conscientious public opinion as juridically burdensome.
NOTE: No retroactive effect even when favorable to
the accused – if the new law is expressly made
inapplicable to pending actions or existing causes of
action. Tavera v. Valdez, [1 Phil 468, 1902]
HABITUAL DELINQUENT
A person who within a period of 10 years from the date
of his release or last conviction of the crimes of serious
or less serious physical injuries, robbery, theft, estafa,
or falsification, is found guilty of any said crimes a third
time or oftener.
NOTES:
 If retroactive effect of a new law is justified, it shall
apply to the defendant even if he is:
o Presently on trial for the offense;
o Has already been sentenced but service of
which has not begun; or
o Already serving sentence.
 The retroactive effect of criminal statutes does
NOT apply to the culprit’s civil liability.
REASON: The rights of offended persons or innocent
third parties are not within the gift of arbitrary disposal
of the State.
- The provisions of Art. 22 are applicable even to
special laws which provide more favorable
conditions to the accused.
Criminal liability under the repealed law subsists:
a. When the provisions of the former law are
reenacted;
b. The right to punish offenses committed under an
old penal law is not extinguished if the offenses
are still punishable in the repealing penal law;
c. When the repeal is by implication; or when a penal
law, which impliedly repealed an old law, is itself
repealed, the repeal of the repealing law revives
the prior penal law, unless the language of the
repealing statute provides otherwise. If the repeal
is absolute, criminal liability is obliterated; and
- When the repeal is absolute, the offense
ceases to be criminal People v. Tamayo,
[G.R. No. L-41423, March 19, 1935]
d. When there is a saving clause.
Page 60 of 72
NOTES:
 No retroactive effect of penal laws as regards
jurisdiction of court. The jurisdiction of the court
to try a criminal action is to be determined by the
law in force at the time of instituting the action,
not at the time of the commission of the crime.
 Jurisdiction of courts in criminal cases is
determined by the allegations of the complaint or
information, and not by the findings the court may
make after trial. People v. Romualdo, [G.R. No. L-
3686, January 31, 1952]
 According to L.B. Reyes, Art. 22 is NOT applicable
to the provisions of the RPC. Its application to the
RPC can only be invoked where some former or
subsequent law is under consideration.
BILL OF ATTAINDER
A legislative act which inflicts punishment without trial.
4. ACT PROHIBITING THE IMPOSITION OF DEATH
PENALTY IN THE PHILIPPINES (R.A. 9346)
NOTE: Currently, the imposition of the death penalty has
been prohibited pursuant to Republic Act No. 9346.
[PLEASE SEE SPL REVIEWER, ON RA. 9346]
(B) PURPOSES
1. Retribution or expiation - the penalty is
commensurate with the gravity of the offense.
2. Correction or reformation - as shown by the rules
which regulate the execution of the penalties
consisting in the deprivation of liberty.
3. Social defense - shown by its inflexible severity to
recidivists and habitual delinquents.
(C) CLASSIFICATION
NOTES:
 The scale in Art. 25 is only a general classification
of penalties based on their severity, nature and
subject matter.
 The scale of penalties under Art. 70 is provided for
successive service of sentences imposed on the
same accused in consideration of their severity and
natures.
 The scale in Art. 71 are for the purpose of
graduating the penalties by degrees in accordance
with the rules in Art. 61.
CLASSIFICATION OF PENALTIES BASED ON THEIR
NATURE:
1. Principal: those expressly imposed by the court in
the judgment of conviction. It can be further
classified as follows:
a. Divisible: those which have fixed duration and
are always divisible into three periods,
namely: maximum, medium, and minimum,
e.g. prision mayor;
b. Indivisible: those which have no fixed
duration. These are:
i. Death;
ii. Reclusion Perpetua;
iii. Perpetual absolute or special
disqualification; and
iv. Public censure;
2. Accessory: those that are deemed included in the
imposition of the principal penalties, namely:
i. Perpetual or temporary absolute
disqualification;
ii. Perpetual or temporary special
disqualification;
iii. Suspension from public office, the
right to vote and be voted for, the
profession or calling;
iv. Civil interdiction;
v. Indemnification; and
vi. Forfeiture or confiscation of
instruments and proceeds of the
offense.
NOTE: Perpetual or temporary absolute
disqualification, perpetual or temporary special
disqualification, and suspension may be principal or
accessory penalties.
Examples:
1. Perpetual absolute disqualification is a principal
penalty in prevaricacion (Art. 204). It is an
accessory penalty of reclusion perpetua and
reclusion temporal.
2. Perpetual special disqualification is a principal
penalty in malversation (Art. 217). Also in Art. 214,
223, 229, 233, and 346. It is an accessory penalty
of prision mayor and prision correccional.
3. Temporary absolute disqualification is a principal
penalty when the accessory acts with abuse of
public functions (Art. 19[3] and Art. 58).
4. Temporary special disqualification is a principal
penalty in direct bribery (Art. 210). Also in Articles

CRIMINAL LAW REVIEWER Page 61 of 72

 205, 214, 220, 223, 224, 226, 227, 228, 231, 235, 3. Light – less than P200.
239, 245, 346, and 347.
5. Suspension is a principal penalty in rendition of BOND TO KEEP THE PEACE IS BY ANALOGY:
unjust interlocutory orders (Art. 206). Also in 1. Afflictive – if it exceeds P6,000;
Articles 200, 211, 266 and 365. 2. Correctional – P200 to P6,000; and
3. Light – less than P20.
CLASSIFICATION ACCORDING TO SUBJECT-MATTER
1. Corporal (death);
2. Deprivation of freedom (reclusion, prision, NOTES:
arresto);  Article 26 determines the classification of a fine
3. Restriction of freedom (destierro); whether imposed as a single (e.g. fine of P200 to
4. Deprivation of rights (disqualification and P6000) or as an alternative (e.g. penalty is arresto
suspension); and mayor OR a fine ranging from P200 to P1000)
5. Pecuniary (fine). penalty for a crime.
 The rule classifying fines into light, afflictive, and
CLASSIFICATION ACCORDING TO THEIR GRAVITY correctional does not apply where the fine
1. Capital: involved is in a compound penalty, that is, it is
a. Death (Now prohibited under RA 9346); imposed in conjunction with another penalty. In
2. Afflictive: this case, the highest penalty shall be made the
a. Reclusion perpetua; basis for computing the period for the prescription
b. Reclusion temporal; of crimes (Art. 90).
c. Perpetual or temporary absolute  Where the fine in question is exactly P200,, under
disqualification; Art. 9 it is a light felony, hence the felony involved
d. Perpetual or temporary special is a light felony; whereas under Art. 26, it is a
disqualification; and correctional penalty; hence the offense involved is
e. Prision mayor; a less grave felony. It has been held that this
3. Correctional: discrepancy should be resolved liberally in favor of
a. Prision correccional; the accused, hence Art. 9 prevails over Art. 26
b. Arresto mayor; People v. Yu Hai, [G.R. No. L-9598, August 15,
c. Suspension; and 1956]
d. Destierro;  HOWEVER, according to Justice Regalado there is
4. Light: no such discrepancy. What is really in issue is the
a. Arresto menor; and prescription of the offense vis-à-vis the
b. Public censure; prescription of the penalty, the former being the
5. Penalties common to the three preceding classes: forfeiture of the right of the State to prosecute the
a. Fine; and offender and the latter being the loss of its power
b. Bond to keep the peace. to enforce the judgment against the convict.
NOTES:  In determining the prescription of crimes, apply
 This classification corresponds to the classification Art. 9 (P200 fine is light felony). In determining the
of felonies in Art.9 into grave, less grave, and light. prescription of penalty, apply Art. 26 (P200 fine
 Public censure is imposed in Articles 200, 211, 266 prescribes in 10 years). See page 607 of Reyes
and 365. 2008.
 Bond to keep the peace is imposed only in the
crime of threats (Art. 284), either grave (Art. 282) (D) DURATION AND EFFECT
or light (Art. 283). Also see Act No. 296 as to power
of justice of the peace to require bond for good 1. DURATION
behavior.
AFFLICTIVE
FINE IS: Reclusion 20 years and 1 day to 40 years
1. Afflictive – if it exceeds P6,000; Perpetua
2. Correctional – P200 to P6,000; and Reclusion 12 years and 1 day to 20 years

CRIMINAL LAW REVIEWER Page 62 of 72

Temporal b. Rule No. 2 when the offender is not in prison –
Prision Mayor 6 years and 1 day to 12 years, except the duration of penalties consisting in deprivation
when the penalty of disqualification of liberty, is from the day that the offender is
Temporary is imposed as an accessory penalty, placed at the disposal of judicial authorities for the
Disqualification in which case, its duration shall be enforcement of the penalty.
that of the principal penalty. i. This rule applies in cases of penalties
consisting in deprivation of liberty (e.g.
CORRECTIONAL imprisonment and destierro) and the offender
Prision 6 months and 1 day to 6 years, is not in prison.
correccional except when suspension is imposed
Suspension as an accessory penalty, in which c. Rule No. 3 the duration of other penalties – the
case, its duration shall be that of the duration is from the day on which the offender
Destierro
principal penalty. commences to serve his sentence.
Arresto mayor 1 month and 1 day to 6 months i. This rule applies in cases of:
Arresto menor 1 day to 30 days  (Penalties consisting in deprivation of
Bond to keep As the court may determine liberty) and the offender is undergoing
the peace preventive imprisonment; but the
offender is entitled to a deduction of full
Note: Destierro is a principal, correctional, and divisible time or 4/5 of the time of his detention.
penalty.  (Temporary penalties) and the offender is
not under detention, because the
In what cases is destierro imposed? offender has been released on bail.
1. Serious physical injuries or death under
exceptional circumstances (Art. 247); NOTES:
2. In case of failure to give bond for good behavior  Service in prison begins only on the day the
(Art. 284); judgment of conviction becomes final.
3. As a penalty for the concubine in concubinage (Art.  If in custody and the accused appeals, the service
334); and of the sentence should commence from the date
4. In cases where after reducing the penalty by one of the promulgation of the decision of the
or more degrees, destierro is the proper penalty. appellate court, not the trial court’s.

2. COMPUTATION OF PENALTIES 3. EFFECT

Rules observed by the Director of Prisons or the
warden in computation of penalties imposed upon the
convicts:
a. Rule No. 1 when the offender is in prison – the
duration of temporary penalties is from the day on
which the judgment of conviction becomes final,
and not from the day of his detention.
i. This rule applies in cases of temporary
penalties (e.g. temporary absolute
disqualification, temporary special
disqualification, and suspension) and the
offender is under detention (as when he is
undergoing preventive imprisonment)
ii. Reason: Under Art. 24, the arrest and
temporary detention of the accused is not
considered a penalty.
EFFECTS OF THE PENALTIES OF PERPETUAL OR
TEMPORARY ABSOLUTE DISQUALIFICATION (ART. 30)
a. Deprivation of the public offices and employments
which the offender may have held, even if
conferred by popular election;
b. Deprivation of the right to vote in any election for
any popular elective office or to be elected to such
office;
c. Disqualification for the offices or public
employments and for the exercise of any of the
rights mentioned; and
d. Loss of all rights to retirement pay or other
pension for any office formerly held.
NOTES:
 PERPETUAL ABSOLUTE DISQUALIFICATION is
effective during the lifetime of the convict and
even after the service of the sentence.

CRIMINAL LAW REVIEWER Page 63 of 72

 TEMPORARY ABSOLUTE DISQUALIFICATION lasts
during the term of the sentence, and is removed
after the service of the same, except:
o Deprivation of the public office or
employment (Effect no.1); and
o Loss of all rights to retirement pay or other
pension for any office formerly held (Effect
no. 4).
 A plebiscite is not mentioned or contemplated in
Art.30, par. 2 (deprivation of the right to vote),
hence, the offender may vote in that exercise,
subject to the provisions of pertinent election laws
at the time. Article 30, par. 2 refers to an election
for a popular elective office.
EFFECTS OF THE PENALTIES OF PERPETUAL OR
TEMPORARY SPECIAL DISQUALIFICATION (ART. 31)
a. Deprivation of the office, employment, profession
or calling affected; and
b. Disqualification for holding similar offices or
employments perpetually or during the term of the
sentence.
EFFECTS OF THE PENALTIES OF PERPETUAL OR
TEMPORARY SPECIAL DISQUALIFICATION FOR THE
EXERCISE OF THE RIGHT OF SUFFRAGE (ART. 32)
a. Deprivation of the right to vote or to be elected to
any public office; and
b. Cannot hold any public office during the period of
disqualification.
EFFECTS OF THE PENALTIES OF SUSPENSION FROM
ANY PUBLIC OFFICE, PROFESSION, OR CALLING, OR
THE RIGHT OF SUFFRAGE (ART. 33)
a. Disqualification from holding such office or
exercising such profession or calling or right of
suffrage during the term of the sentence; and
b. If suspended from public office, the offender
cannot hold another office having similar functions
during the period of suspension.
NOTES:
 Disqualification is the withholding of a privilege, a
restrictions upon the right of suffrage or to hold
office, and not a denial of a right.
 The right of suffrage includes the right to vote and
to be elected (Reyes, p. 619).
Purpose: To preserve the purity of elections; one
rendered infamous by conviction of felony or other
base offenses indicative of moral turpitude is unfit to
CRIMINAL LAW REVIEWER
exercise such rights. People v. Corral, [G.R. No. L-42300,
January 31, 1936]
EFFECTS OF CIVIL INTERDICTION (ART. 34)
a. Deprivation of the rights of parental authority or
guardianship of any ward;
b. Deprivation of marital authority;
c. Deprivation of the right to manage his property
and of the right to dispose of such property by any
act or any conveyance inter vivos;
 But he can dispose of such property by will or
donation mortis cause; and
 He can also manage or dispose of his property by
acts inter vivos, if done in his behalf by a judicial
guardian appointed for him as an “incompetent.”
(Sec. 2, Rule 92, Rules of Court)
Civil interdiction is an accessory penalty to the
following principal penalties:
i. If death penalty is commuted to life
imprisonment;
ii. Reclusion perpetua; and
iii. Reclusion temporal.
EFFECTS OF BOND TO KEEP THE PEACE (ART. 35)
a. The offender must present 2 sufficient sureties
who shall undertake that the offender will not
commit the offense sought to be prevented, and
that in case such offense be committed they will
pay the amount determined by the Court; or
b. The offender must deposit such amount with the
Clerk of Court to guarantee said undertaking; or
c. The offender may be detained, if he cannot give
the bond, for a period not to exceed 6 months if
prosecuted for grave or less grave felony, or for a
period not to exceed 30 days, if for a light felony.
 Bond to keep the peace is different from bail
bond which is posted for the provisional
release of a person arrested for or accused of
a crime. Bond to keep the peace or for good
behavior is imposed as a penalty in threats.
 According to Justice Regalado, it is believed
that this punitive sanction cannot be applied
since this bond is required only in the crime of
threats and if the offender fails to comply
therewith, the penalty imposable is destierro
(Art. 284). Neither can this penalty apply to
crimes under special laws as only “felonies”
(i.e. crime punished under RPC) are
contemplated therein.
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(E) APPLICATION
1. INDETERMINATE SENTENCE LAW (ISL)
GENERAL RULE: The penalty prescribed by law in Application on the imposed sentence: The ISL consists
general terms shall be imposed: of a maximum and minimum, instead of a single fixed
a. Upon the principals; and penalty. The prisoner must be sentenced to
b. For consummated felony. imprisonment for a period which is not more than the
maximum and not less than the minimum. The
EXCEPTION: When the law fixes a penalty for the prisoner must serve the minimum before he is eligible
frustrated or attempted felony in cases where law for parole. The period between the minimum and
considers that the penalty lower by one or two degrees maximum is indeterminate in the sense that the
corresponding to said acts of execution is not prisoner may be exempted from serving said
proportionate to the wrong done. indeterminate period in whole or in part.
 The law does not impair the powers of the Chief
THE GRADUATION OF PENALTIES REFERS TO: Executive under the Administrative Code.
1. By degree:  Purpose: To uplift and redeem valuable human
a. Stages of execution (consummated, material and prevent unnecessary and excessive
frustrated, attempted); and deprivation of liberty and economic usefulness.
b. degree of the criminal participation of the Ducosin, [G.R. No. L-38332, December 14, 1933]
offender (principal, accomplice,
accessory); PLEASE SEE SPL REVIEWER FOR A COMPLETE
2. By period: DISCUSSION OF THE ISL.
 Minimum, medium, maximum: refers to the
proper period of the penalty, which should be Applying the Indeterminate Sentence Law to the RPC
imposed when aggravating or mitigating and to Special Penal Laws
circumstances attend the commission of the
crime.
MAXIMUM TERM MINIMUM TERM
UNDER RPC If no mitigating or Reclusion temporal Anywhere within the range of prision
aggravating medium mayor, the penalty next lower from
A penalty of reclusion circumstance reclusion temporal
temporal was imposed
upon an accused for If there is one Reclusion temporal Anywhere within the range of prision
committing homicide. ordinary mitigating minimum mayor without reference to any of its
circumstance period.

If there is one Reclusion temporal Anywhere within the range of prision

aggravating maximum after mayor without reference to any of its
circumstance considering the period.
aggravating
circumstance
UNDER SPECIAL LAWS

Accused is convicted
Shall not exceed 5 Shall not be less than the minimum of 1
of illegal possession of
years as fixed by law year and 1 day prescribed by law.
firearms punishable by
1 year and 1 day to 5
years of imprisonment
If an accused has to serve more than 3 sentences, he
cannot be sentenced to more than 3 times the most
2. THREE-FOLD RULE (ART. 70) severe penalty that may be imposed on him for the
various crimes he might have committed.

CRIMINAL LAW REVIEWER Page 65 of 72

 PLEASE SEE DISCUSSION ON PD 968 ON THE SPL
Purpose: (aside from the 40-year limit) To avoid the REVIEWER
absurdity of a man being sentenced to imprisonment
for a longer period than his natural life.
2. COMPREHENSIVE DANGEROUS DRUGS ACT (R.A.
NOTES: 9165)
 Applies although the penalties were imposed for PLEASE SEE RELEVANT PROVISION, SEC.24, SPL
different crimes, at different times, and under REVIEWER
separate informations.
 If the sentence is indeterminate, the basis of the 3. JUVENILE JUSTICE AND WELFARE ACT OF 2006 (R.A.
threefold-rule is the maximum sentence. 9344); ALSO REFER TO CHILD AND YOUTH WELFARE
CODE (P.D. 603, AS AMENDED)
THREE-FOLD RULE:
a. The maximum duration of the convict’s sentence PLEASE SEE SPL REVIEWER
shall not exceed 3 times the length of time
corresponding to the most severe of the penalties (G) DISTINGUISHED FROM PREVENTIVE
imposed upon him. IMPRISONMENT
b. But in no case to exceed 40 years.
c. This rule shall apply only when the convict is to PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED
serve 4 or more sentences successively. FROM TERM OF IMPRISONMENT (ART. 29)
d. Subsidiary imprisonment shall be excluded in
computing for the maximum duration. PREVENTIVE IMPRISONMENT is the period of
detention undergone by an accused where the crime
with which he is charged is non-bailable or, even if
bailable he is unable to post the requisite bail.
Example: Accused to suffer imprisonment for a
maximum of 40 years only applying the three-fold rule: RULES IN DEDUCTING PERIOD OF PREVENTIVE
IMPRISONMENT:
FIRST SECOND THIRD FOURTH 1. If the detention prisoner agrees voluntarily in
CASE CASE CASE CASE writing to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall be
14 17 14 12 years
credited in the service of his sentence with the full
years, years, 4 years
time during which he had undergone preventive
8 months and 8
imprisonment.
months and 1 months
and1 day
2. If the detention prisoner does not agree to abide
day
by the same disciplinary rules imposed upon
T 59 convicted prisoners, he shall be credited only with
O years,
T 4/5 the time during which he has undergone
8
A preventive imprisonment.
months
L
and 2 NOTE: Under the Child and Youth Welfare Code (PD
days 603), the youthful offender shall be credited in the
service of his sentence with the full time he spent in
3. SUBSIDIARY IMPRISONMENT actual confinement and detention. It is not necessary
Failure to pay the fine subjects the accused to that he agreed to abide by the disciplinary rules
subsidiary imprisonment imposed upon convicted prisoners.

(F) EXECUTION AND SERVICE Offenders not entitled to be credited with the full time
or four-fifths of the time of their preventive
1. PROBATION LAW (P.D. NO. 968) imprisonment:
1. Recidivists or those convicted previously twice or

CRIMINAL LAW REVIEWER Page 66 of 72

 more times of any crime.
- Habitual delinquents are not entitled to
credit of time under preventive imprisonment
since he is necessarily a recidivist or has been
convicted previously twice or more times of
any crime.
2. Those who, upon being summoned for the
execution of their sentence, failed to surrender
voluntarily (convicts who failed to voluntarily
surrender under a final judgment; not those who
failed or refused to voluntarily surrender after the
commission of the crime)
NOTES:
 Credit is given in the service of sentences
consisting of deprivation of liberty (imprisonment
and destierro), whether perpetual or temporal.
Thus, persons who had undergone preventive
imprisonment but the offense is punishable by a
fine only would not be given credit.
 The accused shall be released immediately
whenever he has undergone preventive
imprisonment for a period equal to or more than
the possible maximum imprisonment for offense
charged.
 If the penalty imposed is arresto menor to
destierro, the accused who has been in prison for
30 days (arresto menor to 30 days) should be
released because although the maximum penalty is
destierro (6 months and 1 day to 6 years), the
accused sentenced to such penalty does not serve
it in prison.
=============================================
VI. MODIFICATION AND EXTINCTION
OF CRIMINAL LIABILITY
=============================================
(A) EXTINCTION OF CRIMINAL LIABILITY
Art. 89. How criminal liability is totally extinguished.
— Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal
penalties and as to pecuniary penalties, liability
therefor is extinguished only when the death of
the offender occurs before final judgment.
2. By service of the sentence;
CRIMINAL LAW REVIEWER
3. By amnesty, which completely extinguishes the
penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as
provided in Article 344 of this Code.
Extinction of criminal liability does not necessarily
mean that the civil liability is also extinguished.
1. DEATH OF THE CONVICT
GENERAL RULE: The death of the accused pending the
appeal of his conviction extinguishes his criminal and
civil liability based solely on the offense committed.
EXCEPTION: Civil liability arising from sources other
than the crime committed survives and may be pursued
in a separate civil action. Sources of civil liability other
than crime are law, contracts, quasi-contracts, and
quasi-delicts.
As to the personal penalties and as to pecuniary
penalties, liability is extinguished only when the death
of the offender occurs before final judgment.
Death of the convict, whether before or after final
judgment, extinguishes criminal liability.
RULES:
 Civil liability is extinguished only when death
occurs before final judgment.
 Criminal and civil liability is extinguished when the
offender dies before final judgment.
 But claim for civil liability survives if it may be
predicated on a source of obligation other than
delict, such as law, contracts, quasi-contracts and
quasi-delicts.
 If the private offended party desires to recover
damages from the same act or omission
complained of, he must file a separate civil action
which is not lost by prescription of death,
predicated not on the felony previously charged
but on other sources of obligation.
2. SERVICE OF SENTENCE
Crime is a debt incurred by the offender as a
consequence of his wrongful act and the penalty is but
the amount of his debt.
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Service of sentence does not extinguish the civil
liability. Salgado v. Court of Appeals, [G.R. No. 89606,
August 30, 1990]
3. MARRIAGE OF THE OFFENDED WOMAN AS
PROVIDED IN ARTICLE 344 OF THE RPC
Marriage of the offender with the offended woman
after the commission of any of the crimes of rape,
seduction, abduction or acts of lasciviousness must be
contracted by the offender in good faith. Marriage
contracted only to avoid criminal liability is devoid of
legal effects. People v. Santiago, [G.R. No. 27972,
October 18, 1927]
4. PRESCRIPTION OF CRIMES; PRESCRIPTION OF
VIOLATIONS OF SPECIAL LAWS
Art. 90. Prescription of crime. — Crimes punishable by
death, reclusion perpetua or reclusion temporal shall
prescribe in twenty years.
Crimes punishable by other afflictive penalties shall
prescribe in fifteen years.
Those punishable by a correctional penalty shall
prescribe in ten years; with the exception of those
punishable by arresto mayor, which shall prescribe in
five years.
The crime of libel or other similar offenses shall
prescribe in one year.
The crime of oral defamation and slander by deed
shall prescribe in six months.
Light offenses prescribe in two months.
When the penalty fixed by law is a compound one, the
highest penalty shall be made the basis of the
application of the rules contained in the first, second
and third paragraphs of this article. (As amended by
RA 4661, approved June 19, 1966).
PRESCRIPTION OF THE CRIME is the forfeiture or loss of
the right of the State to prosecute the offender after
the lapse of a certain time.
PRESCRIPTIVE PERIODS
a. Crimes punishable by
i. Death, reclusion perpetua or reclusion
temporal: 20 years;
CRIMINAL LAW REVIEWER
ii. Afflictive penalties: 15 years;
iii. Correctional penalties: 10 years;
 If arresto mayor: 5 years;
b. Libel: 1 year;
c. Offenses of oral defamation and slander by deed: 6
months;
i. Simple slander: 2 months;
ii. Grave slander: 6 months;
d. Light offenses: 2 months;
e. Crimes punishable by fines
i. Afflictive: 15 years;
ii. Correctional: 10 years; and
iii. Light: 2 months.
Where the last day of the prescriptive period for filing
an information falls on a Sunday or legal holiday, the
information can no longer be filed on the next day as
the crime has already prescribed. Yapdiangco v.
Buencamino, [G.R. No. L-28841, June 24, 1983]
The defense of prescription may be raised during the
trial or during the appeal, and is a ground for the
acquittal of the accused.
The accused cannot be convicted of an offense lesser
than that charged if the lesser offense had already
prescribed at the time the information was filed.
WHEN PENALTY IS COMPOUND
When the penalty is a compound one, the highest
penalty is the basis of the application of the rules in
Article 90.
VIOLATIONS PENALIZED BY SPECIAL LAWS
Act No. 3763, provides:
1. Offenses punished only by a fine or by
imprisonment for not more than one month, or
both: 1 year;
2. Offenses punished by imprisonment for more than
one month, but less than two years: 4 years;
3. Offenses punished by imprisonment for 2 years or
more but less than 6 years: 8 years;
4. Offenses punished by imprisonment for 6 years of
more: 12 years;
5. Offenses under Internal Revenue Law: 5 years;
6. Violations of municipal ordinances: 2 months; and
Page 68 of 72
7. Violations of the regulations or conditions of
certificate of convenience by the Public Service
Commission: 2 months.
But the act is not applicable where the special law
provides for its own prescriptive period.
Prescription of violations penalized by special laws and
ordinances shall begin to run from the day of the
commission of the violation of the law, and if the same
be not known at the time, from the discovery thereof
and the institution of judicial proceedings for its
investigation and punishment.
The prescriptive period shall be interrupted when
proceedings are instituted against the guilty person,
and shall begin to run again if the proceedings are
dismissed for reasons not constituting jeopardy.
However, in Romualdez v. Marcelo, et al., [G.R. No.
165510-33, July 28, 2006], the Court ruled that the
running of the prescriptive period of an offense
punished by a special law is not tolled by the absence of
the offender from Philippine soil.
COMPUTATION OF PRESCRIPTION OF OFFENSES
Art. 91. Computation of prescription of offenses. —
The period of prescription shall commence to run from
the day on which the crime is discovered by the
offended party, the authorities, or their agents, and
shall be interrupted by the filing of the complaint or
information, and shall commence to run again when
such proceedings terminate without the accused being
convicted or acquitted, or are unjustifiably stopped for
any reason not imputable to him.
The term of prescription shall not run when the
offender is absent from the Philippine Archipelago.
OUTLINE:
1. Prescription begins to run from the day on which
the crime is discovered by the offended party, the
authorities, or their agents;
2. It is interrupted by the filing of the complaint or
information.;
3. It commences to run again when such proceedings
terminate without the accused being convicted or
acquitted or are unjustifiably stopped for any
reason not imputable to him; and
4. The term of prescription shall not run when the
offender is absent from the Philippines.
CRIMINAL LAW REVIEWER
The fact that the culprit is unknown will not prevent the
period of prescription from commencing to run
because it is the discovery of the crime, and not the
discovery of the offender, which starts to make the
prescriptive period run. It is also not necessary that the
accused is arrested.
EXCEPTIONS TO ARTICLE 91:
a. Continuing crimes;
b. In crimes against false testimony:
 Testimony against the defendant: from the
date final judgment was rendered;
 Testimony in favor of the defendant: from the
date when the testimony was given:
c. Election offenses:
 If discovery of the offense is incidental to
judicial proceedings: begins when such
proceeding terminates; otherwise, from the
date of commission of the offense ; and
d. Bigamy: begins from date of discovery.
The complaint or information that will interrupt the
period of prescription must be the proper information
or complaint corresponding to the offense. If the
complaint is amended and charges a different crime,
the date of the amended complaint or information
should be considered. If it is merely a correction of a
defect, the date of the original complaint or
information should be considered.
5. PRESCRIPTION OF PENALTIES.
Art. 92. When and how penalties prescribe. — The
penalties imposed by final sentence prescribe as
follows:
1. Death and reclusion perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the
exception of the penalty of arresto mayor, which
prescribes in five years.
PRESCRIPTION OF THE PENALTY is the loss or forfeiture
of the right of the Government to execute the final
sentence after the lapse of a certain time.
a. CONDITIONS
The penalties must be imposed by final judgment. If the
convict appealed and thereafter fled to the mountains,
the penalty imposed upon him would never prescribe,
because pending the appeal, the sentence is not final.
Page 69 of 72

If the accused was never arrested to serve his sentence,
the prescriptive period cannot commence to run.
b. PRESCRIPTIVE PERIODS
i. Death and reclusion perpetua: 20 years;
ii. Other afflictive penalties: 15 years;
iii. Correctional penalties: 10 years;
 Arresto mayor: 5 years; and
iv. Light penalties: 1 year.
c. PRESCRIPTION OF CRIMES V. PRESCRIPTION OF
PENALTIES
In prescription of crimes, it is the penalty prescribed by
law that should be considered; in prescription of
penalties, it is the penalty imposed that should be
considered.
d. COMPUTATION OF PRESCRIPTION OF PENALTIES
Art. 93. Computation of the prescription of penalties.
— The period of prescription of penalties shall
commence to run from the date when the culprit
should evade the service of his sentence, and it shall
be interrupted if the defendant should give himself
up, be captured, should go to some foreign country
with which this Government has no extradition treaty,
or should commit another crime before the expiration
of the period of prescription.
OUTLINE:
1. Prescription of penalties commences to run from
the date when the culprit evaded the service of his
sentence.
2. It is interrupted if the convict
a. Gives himself up;
b. Captured;
c. Goes to a foreign country with which we have
no extradition treaty; or
d. Commits another crime before the expiration
of the period of prescription.
ELEMENTS:
a. That the penalty is imposed by final sentence;
b. That the convict evaded the service of the
sentence by escaping during the term of his
sentence;
c. That the convict who escaped from prison has not
given himself up, or been capture, or gone to a
foreign country with which we have no extradition
treaty, or committed another crime; and
CRIMINAL LAW REVIEWER
d. That the penalty has prescribed, because of the
lapse of time from the date of the evasion of the
service of the sentence by the convict.
Evading service of sentence will not be considered as
committing a crime before the expiration of the period
of prescription of penalties to warrant interruption of
the period of prescription of penalties.
Acceptance of conditional pardon interrupts the
prescriptive period.
6. PARDON BY THE OFFENDED PARTY
If the one giving the pardon is the offended spouse in
adultery, both offenders must be pardoned by the
offended party if said pardon is to be effective. People
v. Infante, [G.R. No. L-36270, August 31, 1932]
7. PARDON BY THE CHIEF EXECUTIVE
PARDON is an act of grace proceeding from the power
entrusted with the execution of the laws which
exempts the individual on whom it is bestowed from
the punishment the law inflicts for the crime he has
committed.
It must be given after final judgment, otherwise, there
will be violation of the doctrine of Separation of
Powers.
a. KINDS OF PARDON
i. Conditional
 Exemption of an individual within certain
limits or conditions from the punishment
which the law inflicts for the offense he had
committed resulting in the partial extinction
of his criminal liability.
ii. Absolute
 Total extinction of criminal liability of the
individual to whom it is granted without any
condition
 Restores to the individual his civil and political
rights and remits the penalty imposed for the
particular offense of which he was convicted.
A pardon, whether absolute or conditional, is in the
nature of a deed, for the validity of which delivery is an
indispensable requisite. Until accepted, all that may
have been done is a matter of intended favor and may
be cancelled. But once accepted by the grantee, the
Page 70 of 72
pardon already delivered cannot be revoked by the
authority which granted it. Art. 94. Partial Extinction of criminal liability. —
Criminal liability is extinguished partially:
COMPARE AMNESTY V. PARDON
AMNESTY PARDON 1. By conditional pardon;
A blanket pardon to Includes any crime and is 2. By commutation of the sentence; and
classes of persons who exercised individually by 3. For good conduct allowances which the culprit may
may be guilty of political the President earn while he is serving his sentence.
offenses
May be exercised even Exercised when the 1. CONDITIONAL PARDON
before trial or person is already
investigation is had convicted CONDITIONAL PARDON delivered and accepted is
Looks backward and Looks forward and considered a contract between the sovereign power of
abolishes and puts into relieves the offender from the executive and the convict, that the former will
oblivion the offense itself the consequences of an release the latter upon compliance with the condition.
offense of which he was
convicted Art. 95. Obligation incurred by person granted
Person released by Does not work the conditional pardon. — Any person who has been
amnesty stands before restoration of the rights to granted conditional pardon shall incur the obligation
the law precisely as hold office, suffrage, of complying strictly with the conditions imposed
though he had committed unless such rights be therein otherwise, his non-compliance with any of the
no offense expressly restored by the conditions specified shall result in the revocation of
terms of the pardon the pardon and the provisions of Article 159 shall be
A proclamation of the A private act of the applied to him.
President with the President which must be
concurrence of Congress, pleaded and proved by
is a public act of which the the person pardoned
courts should take judicial OUTLINE:
notice 1. He must comply strictly with the conditions
Makes an ex-convict no Does not alter the fact imposed in the pardon.
2. Failure to comply with the conditions shall result in
longer a recidivist, that the accused is a
the revocation of the pardon. Under Sec. 64(i),
because it obliterates the recidivist as it produces
last vestige of the crime only the extinction of the R.A.C., the Chief Executive may ordre his arrest
and reincarceration.
personal effects of the
3. He becomes liable under Art. 159. This is the
penalty
judicial remedy.
Does not extinguish the civil liability of the offender
2. COMMUTATION OF THE SENTENCE
8. AMNESTY It is a change of the decision of the court made by the
Chief Executive by reducing the degree of the penalty
AMNESTY is an act of the sovereign power granting inflicted upon the convict, or by decreasing the length
oblivion or a general pardon for a past offense, and is of the imprisonment or the amount of the fine.
rarely, if ever, exercised in favor of a single individual,
and is usually exerted in behalf of certain classes or Art. 96. Effect of commutation of sentence. — The
persons, who are subject to trial but have not yet been commutation of the original sentence for another of a
convicted. Brown v. Walker, [No. 765, March 23, 1896] different length and nature shall have the legal effect
of substituting the latter in the place of the former.
It completely extinguishes the penalty and all its
effects. It may also be granted after conviction, but civil CASES WHEN COMMUTATION IF PROVIDED FOR BY
liability is not extinguished by amnesty. THE RPC:
a. When the convict sentenced to death is
(B) PARTIAL EXTINCTION OF CRIMINAL LIABILITY over 70 years of age. (Art. 83); and

CRIMINAL LAW REVIEWER Page 71 of 72

 b. When 8 justices of the Supreme Court fail authorities within 48 hours following the issuance of
to reach a decision for the affirmance of the proclamation by the President anouncing the
the death penalty. passing away of the calamity or catastrophe.

The consent of the offender is not necessary. The deduction of 1/5 is based on the original sentence.

3. FOR GOOD CONDUCT The allowance for good conduct is not an automatic
right. It must be granted by the Drirector of Prisons.
Art. 97. Allowance for good conduct. — The good
conduct of any prisoner in any penal institution shall 4. PAROLE
entitle him to the following deductions from the
period of his sentence: PAROLE consists in the suspension of the sentence of a
convict after serving the minimum term of the
1. During the first two years of his imprisonment, he indeterminate penalty, without granting a pardon,
shall be allowed a deduction of five days for each prescribing the terms upon which the sentence shall be
month of good behavior; suspended.
2. During the third to the fifth year, inclusive, of his
imprisonment, he shall be allowed a deduction of If the convict failes to observe the conditions of the
eight days for each month of good behavior; parole, the Board of Pardons and Parole is authorized
3. During the following years until the tenth year, to direct his arrest and return to custody and thereafter
inclusive, of his imprisonment, he shall be allowed a to cary out his sentence without deduction of the time
deduction of ten days for each month of good that has elapsed between the date of the parole and
behavior; and the subsequent arrest.
4. During the eleventh and successive years of his
imprisonment, he shall be allowed a deduction of The mere commission, not conviction by the court, of
fifteen days for each month of good behavior. any crime is sufficient to warrant a parolee’s arrest and
reincarceration.
There is no allowance for good conduct while the
prisoner is released under conditional pardon. There COMPARE CONDITIONAL PARDON V PAROLE
reason is that the good conduct time allowance is given CONDITIONAL PARDON PAROLE
in consideration of the good conduct observed by the May be given at any time May be given after the
prisonder while serving his sentence. after final judgment prisoner has served the
minimum penalty
Art. 98. Special time allowance for loyalty. — A Granted by the Chief Granted by the Board of
deduction of one-fifth of the period of his sentence Executive under the Pardons and Parole under
shall be granted to any prisoner who, having evaded providsions of the the provision of hte
the service of his sentence under the circumstances Administrative Code Indeterminate Sentence
mentioned in Article 58 of this Code, gives himself up Law
to the authorities within 48 hours following the When conditions are When conditions are
issuance of a proclamation announcing the passing violated, the convict may violated, the convict may
away of the calamity or catastrophe to in said article. be ordered rearrested or be ordered rearrested or
reincarcerated by the reincarcerated by the
Art. 99. Who grants time allowances. — Whenever Chief executive, or may be Chief executive
lawfully justified, the Director of Prisons shall grant prosecuted under Art. 159
allowances for good conduct. Such allowances once
granted shall not be revoked.

The SPECIAL TIME ALLOWANCE FOR LOYALTY OF

PRISONER is a deduction of 1/5 of the period of the
sentence of a prisoner who, having evaded the service
of his sentence during the calamity or catastrophy
mentioned in Art. 158, gives himself up to the

CRIMINAL LAW REVIEWER Page 72 of 72