SLU Crim Law Review PDF

 CRIMINAL LAW REVIEWER 
1 SAINT LOUIS UNIVERSITY BAR OPERATIONS
1. Penal laws must be general in application. Otherwise,

BOOK ONE it would violate the equal protection clause of the
constitution.
2. Penal laws must not partake of the nature of an ex post
facto law.
 Makes criminal an act done before the
CRIMINAL LAW, defined.
passage of the law and which was innocent
It is that branch or division of municipal law which defines
when done, and punishes such an act.
crimes, treats of its nature, and provides for their punishment.
 Aggravates a crime, or makes it greater than
it was, when committed.
Nature of Criminal Law:
 Changes the punishment and inflicts a
1. SUBSTANTIVE LAW---it defines the states right to
inflict punishment and the liability of the offenders. greater punishment than the law annexed to
the crime when committed.
2. PUBLIC LAW---it deals with the relation of the
individual with the state.  Alters the legal rules on evidence, and
authorizes conviction upon less or different
CRIME, defined. testimony than the law required at the time of
It is an act committed or omitted in violation of a public law the commission of the offense.
forbidding or committing it.  Assuming to regulate civil rights and
remedies only in effect imposes penalty or
 The state has the authority, under its POLICE POWER, deprivation of a right for something which
to define and punish crimes and to lay down the rules when done was lawful
on procedure.  Deprives a person accused of a crime some
lawful protection to which he has become
PHILOSOPHIES entitled, such as the protection of a
CLASSICAL POSITIVIST MIXED/ ECLECTIC proclamation of amnesty.
1. the basis of 1. that man is 1. this combines 3. Penal laws must not partake of the nature of a bill of
criminal liability is subdued both positivist and attainder.
human fee will and occasionally by a classical thinking.  BILL OF ATTAINDER. It is a legislative act
the purpose of the strange a morbid which inflicts punishment without trial. Its
penalty is phenomenon which essence is the substitution of a legislative for
retribution constrains him to a judicial determination of guilt.
do wrong in spite of 4. Penal laws must not impose cruel and unusual
or contrary to his punishment nor excessive fine.
volition.
2. that man is 2. that crime is 2. crimes that are CHARACTERISTICS OF CRIMINAL LAW
essentially a moral essentially a social economic and
creature with an and natural social in nature 1. GENERALITY
absolute free will to phenomenon, and should be dealt with ―Penal laws and those of public security and safety shall be
choose between as such, it cannot in a positivist obligatory upon all who live or sojourn in Philippine territory,
good and evil, be treated and manner, thus the subject to the principles of public international law.‖ Article 14,
thereby placing checked by the law is more NCC.
more stress upon application of compassionate.
the effect or result abstract principles  It applies to all persons within the country regardless of
of the felonious act of law and their race, belief, sex, or creed.
done upon the jurisprudence nor  EXCEPTION:
man, the criminal by the imposition of 1. by virtue of the principles of public international law
himself. a punishment, fixed  sovereign and other chief of state.
and determined a  Ambassadors, ministers plenipotentiary,
priori; rather ministers resident, and charges d‘afaires.
through the N.B. Consuls are not diplomatic officers. This
enforcement of includes consul general, vice-consul or any consul
individual in a foreign country, who are therefore not
measures in each immune to the operation or application of the
particular case. penal law of the foreign where they are assigned.
3. it has 3. heinous crimes 2. Law of Preferential Application
endeavored to should be dealt with  It is not applicable when the foreign country adversely
establish a in a classical affected does not provide similar protection to our
mechanical and manner, thus diplomatic representatives. PRINCIPLE OF
direct proportion capital punishment. RECIPROCITY.
between crime and
penalty.
4. there is a scant 2. TERRITORIALITY
regard to the
human element. Criminal laws undertake to punish crimes committed within
Philippine territory. Penal laws of the country have force and
effect only within its territory. It cannot penalize a crime
LIMITATIONS IN THE ENACTMENT OF PENAL LAWS: committed outside the country.
 Prepared by the CRIMINAL LAW SECTION  Chief ALEC ANTHONY PENA Assistant Chief CRYSTAL VEMIL LAMMAWIN Members
LOVILYN ANIBAN, MATHEW DATI, JOHN LABSKY MAXIMO, JOEL PASIWEN, NOELLE DIZON, YZANNE MERCED, ROSANNE RARANG
and ENGELBERT SORIANO. All Rights Reserved by the SAINT LOUIS UNIVERSITY COLLEGE OF LAW BAR OPERATIONS  2003.
 Composition of territory: Kinds of Repeal:

1. TERRITORIAL JURISDICTION---the jurisdiction 1. ABSOLUTE OR TOTAL REPEAL---when the crime
exercised of a country over bodies of land, defines in punished under the repealed law has been
the constitution. decriminalized by the same.
2. FLUVIAL JURISDICTION---the jurisdiction over  CONSEQUENCES:
maritime and interior waters. 1. Cases pending in court involving the violation
3. AERIAL JURISDICTION---the jurisdiction over the of the repealed law, the same shall be
atmosphere. dismissed, even though the accused may be
a habitual delinquent. This is so because all
Three Theories on Aerial Jurisdiction: persons accused of a crime are presumed
1. OPEN SPACE THEORY---that the atmosphere over innocent until they are convicted by final
the country is free and not subject to the jurisdiction of judgment. Therefore, the accused shall be
the subjacent state except for the protection of its acquitted.
national security and public order. 2. In cases already decided and as to those
2. DELATIVE THEORY---the subjacent state exercises already serving sentence by final judgment, if
jurisdiction only to the extent that it can effectively the convict is not a habitual delinquent, then
exercise control thereof. he will be entitled to a release unless there is
3. ABSOLUTE THEORY---the subjacent state has a reservation clause in the penal law that it
complete jurisdiction over the atmosphere above it will not apply to those serving sentence at the
subject only to innocent passage by aircraft of foreign time of the repeal. But if there is no
country. reservation, those who are not habitual
delinquents even if they are already serving
 ARCHIPELAGO DOCTRINE OR ARCHIPELAGIC their sentence will receive the benefit of the
RULE. Under this doctrine, we connect the outmost repealing law. They are entitled to release.
points of our archipelago with straight baselines and
waters enclosed thereby as internal waters. The entire 2. PARTIAL OR RELATIVE REPEAL---when the crime
archipelago is regarded as one integrated unit instead punished under the repealed law continues to be a
of being fragmented into so many thousand islands. crime inspite of the repeal, so this means the repeal
As for our territorial seas, these are more defined merely modified the conditions affecting the crime
according to the Jamaica Convention on the Law of the under the repealed law.
Seas, concluded in 1982, in which the Philippines is a  CONSEQUENCES:
signatory. 1. Pending prosecution---if the repealing law
is more favorable to the offender, it shall be
 EXCEPTION: Article 2, RPC the one applied to him. So whether he is a
habitual delinquent or not, if the case is still
3. PROSPECTIVITY pending in court, the repealing law will be the
one to apply unless there is a saving clause
A penal law cannot make an act punishable in a manner in in the repealing law that it shall not apply to
which it was not punishable when committee. pending causes of action.
2. As to those already serving sentence in
―Without prejudice to the provisions contained in Article 22 of jail---even if the repealing law is partial, then
this Code, felonies and misdemeanors, communicated prior to the crime still remains to be a crime. Those
the date of effectivity of this Code shall be punished in who are not habitual delinquents will benefit
accordance with the Code or Act in force at the time of their on the effect of that repeal, so if the repeal is
commission.‖ Article 366, RPC. more lenient to them, it will be the repealing
law that will henceforth apply to them.
 PROSPECTIVITY is the equivalent of 3. EXPRESS---takes place when a subsequent law
IRRETROSPECTIVITY. contains a provision that such law repeal was earlier
enactment.
 EXCEPTION: Whenever a new statute dealing with
the crime establishes conditions more lenient or Significance: if the repeal was express, the repeal of
favorable to the accused, it can be given a retroactive the repealing law will not survive the first law, so the act
effect. or omission will no longer be penalized.
4. IMPLIED---takes place when there is a law on a
 EXCEPTION to the EXCEPTION: particular subject matter but is inconsistent with the first
1. where the new law is expressly made inapplicable in law, such that the two laws cannot stand together one
pending actions or existing cause of action. of the two laws must give way. IT IS NOT FAVORED.
2. where the offender is a habitual delinquent.
Significance: If a penal law is impliedly repealed, the
subsequent repeal of the repealing law will revive the
original law. So the act or omission which was
punished as a crime under the original law will de
revived and the same shall again be crimes although
during the implied repeal they may not be punishable.
REPEAL MALA IN SE AND MALA PROHIBITA
Situations where a foreign may not apply its criminal law

Mala In Se---the act is inherently or evil or bad per se wrongful. even if a crime was committed on board a vessel within its
territorial waters:
Malum Prohibitum---the act penalized is not inherently wrong, it a. when the crime is committed in a war vessel of a
is wrong only because a law punishes the same. foreign country, because war vessels are part of the
sovereignty of the country to those naval force they
 Violations of special laws are mala prohibita. If the belong;
crime is punished under a special law, if the act b. when the foreign country in whose territorial waters the
punished is one which is inherently wrong, the same is crime was committed adopts the FRENCH RULE,
malum in se, and therefore, good faith and lack of which applies only to merchant vessel, except when
criminal intent is a valid defense unless it is the product the crime committed affects the national security or
of criminal negligence or culpa. public order of such foreign country.
FRENCH RULE---the nationality of the vessel follows the flag

MALA IN SE MALA PROHIBITA which the vessel flies, unless the crime committed endangers the
1. Criminal liability Is based on 1. The moral trait of the national security of a foreign country where the vessel is within
the moral trait of the offender, offender is not considered, it is jurisdiction in which case such foreign country will never lose
that is why liability would only enough that the prohibited act jurisdiction over such vessel.
arise when there is dolo or be voluntarily done.
culpa in commission of the ENGLISH/ ANGLO-SAXON RULE---this rule strictly enforces the
punishable act. territoriality of criminal law. The law of the foreign country where
2. Good faith or lack of 2. Good faith is not a defense. a foreign vessel is within its jurisdiction is strictly applied, except
criminal intent is a valid if the crime affects only the internal management of the vessel in
defense, unless the crime is which case it is subject to the penal law of the country where it is
the result of culpa. registered.
3. the degree of 3. The act gives rise to a
accomplishment of the crime is crime only when it is
taken into account in punishing consummated.
the offender. Thus, there are
attempted, frustrated, and Title 1
consummated stages in the FELONIES AND CIRCUMSTANCES WHICH
commission of a crime. AFFECT CRIMINAL LIABITY
4. When there are more than 4. Mitigating and aggravating
one offender, the degree of circumstances are not taken FELONIES, defined.
participation of each in the into account in imposing the Are acts or omissions punishable by the Revised Penal Code.
commission of the crime is penalty, because the moral
taken into account of imposing trait of the offender is not Elements of Felonies in general:
the penalty. Thus offenders considered. 1. that there must be an act or omission.
are classified as principals, 2. that the act or omission must be punishable by the
accomplice, and accessory. RPC.
5. The degree of participation 3. that the act is performed of the omission incurred by
of any offender is not means of dolo or culpa.
considered.
Act- any bodily movement tending to produce some effecting the
external world, it being unnecessary that the same be actually
EXTRATERRITORIALITY [ARTICLE 2] produced as the possibility of its production is sufficient.
-application of the Revised Penal Code outside Philippine
territory. Omission- inaction, the failure to perform a positive duty one is
bound to do. There must be a law requiring the doing or
Instances when Penal Laws are applicable if the felony is performance of an act.
committed outside the Philippines:
1. Should commit an offense while on a Philippine ship or Dolo- is equivalent to malice which is the intent to do injury to
airship; another.
2. Should forge or counterfeit any coin or currency note of
the Philippine Islands or obligations and securities Elements:
issued by the government of the Philippine Islands. 1. criminal intent on the part of the offender.
3. Should be liable for acts connected with the 2. freedom of action in doing the act on the part of the
introduction into the islands of the obligations and offender.
securities mentioned in the preceding number. 3. intelligence on the part of the offender in doing the act.
4. While being public officers or employees, should
commit an offense in the exercise of their functions; or - the acts or omissions are voluntary.
5. Should commit any of the crimes against National - Intent presupposes the exercise of freedom and
Security and the Law of the Nations, defined in Title the use of intelligence.
One of Book Two of this Code. - The existence of intent is shown by the overt acts
of the person.
- Criminal intent is presumed from the commission 2. that the intention of the accused in performing the act
of an unlawful act, but not from the proof of the be lawful.
commission of an act which is not unlawful. 3. that the mistake must be without fault or carelessness
on the part of the accused.
Criminal Intent, categorized into two:
1. General Specific Intent---is presumed from the mere - the mistake must be without fault or carelessness
doing of a wrong act. So this does not require proof, on the part of the accused.
the burden is upon the wrongdoer to prove that he - The mistake of the accused in performing the act
acted without such criminal intent. must be lawful.
2. Specific Criminal Intent---it is not presumed because it - No crime of resistance when there is mistake of
is an ingredient or element of a crime, like intent to kill fact.
in the crimes of attempted or frustrated - When the accused is negligent, mistake of fact is
homicide/parricide/murder. The prosecution has the not a defense.
burden of proof.
Mistake of Fact vs. Mistake of Identity
INTENT vs. DISCERNMENT: In mistake of fact, there is no criminal intent: while in mistake
INTENT is the determination to do a certain thing; an aim or of identity, there is criminal intent, only it is directed at the wrong
purpose of the mind. It is the design to resolve or determination person in the belief that he was the proper object of the crime.
by which a person acts. Where an unlawful act is willfully done, a mistake in the identity of
the intended victim cannot be considered exempting, nor can it
DISCERNMENT is the mental capacity to tell right from be considered reckless imprudence.
wrong. It relates to the moral significance that a person ascribes
to his act and relates to the intelligence as an element of dolo, Article 4
distinct from intent. Criminal liability
Criminal liability shall be incurred:
MOTIVE INTENT 1. by any person committing a felony(delito) although
Reason/ moving power which Purpose to use a particular the wrongful act done be different from that which
impels one to commit an act means to bring about a desired he intended;
for a definite result result (not a state of mind, not 2. by any person performing an act which would be
a reason for committing a an offense against persons or property, where it
crime) not for the inherent impossibility of its
When there is motive in the If intentional, a crime cannot accomplishment or on account of the employment
commission of a crime, it be committed without intent. of an inadequate or ineffectual means.
always comes before intent. Intent is manifested by the
But a crime maybe committed instrument used by the PROXIMATE CAUSE, defined.
without motive. offender. Is that cause which sets into motion other caused and which
unbroken by any efficient supervening cause produces a felony
Motive is relevant if: without which such felony could not have resulted.
1. the identity of the accused is in question  A proximate cause is not necessarily the immediate
2. for purposes of defense cause. This may be a cause which is far and remote
3. in determining the sanity of the accused from the consequence which sets into motion other
4. indirect assault (Art. 249) causes which resulted in the felony.
5. in determining in whether the shooting is intentional or  In criminal law, as long as the act of the accused
not contributed to the death of the victim, even if the victim
6. defense of strangers (Art. 11, par. 3) is about to die, he will still be liable for the felonious act
7. in determining the specific nature of the crime. of putting to death that victim.
Felony is the proximate cause when:

Culpa- imprudence or negligence. 1. there is an active force that intervened between the
felony committed and the resulting injury, and the
Elements: active force is a distinct act or fact absolutely foreign
1. criminal negligence on the part of the offender—the from the felonious act of the accused; or
crime was the result of negligence, reckless 2. the resulting injury is due to the intentional act of the
imprudence, lack of foresight, or lack of skill. offended party.
2. freedom of action in doing the act on the part of the
offender—he was not acting under duress. Wrongful act done be different from what was intended:
3. intelligence on the part of the offender in performing the
negligent act. Aberratio Ictus/ Mistake in the Blow
MISTAKE OF FACT  A person directed the blow at an intended victim but

Misapprehension of fact on the part of the person who because of poor aim, that blow landed on somebody
caused injury to another. He is not, however, criminally liable else.
because he did not act with criminal intent.  The intended victim as well as the actual victim are
both at the scene of the crime.
Requisites of mistake of fact as a defense:  It generally gives rise to a COMPLEX CRIME, that
1. that the act done would have been lawful had the facts being so, the penalty for the serious crime is imposed
been as the accused believed them to be. on the maximum period.
 The only time when complex crime may not result is Is there really a crime?
when one of the resulting felonies is LIGHT FELONY. Objectively, the offender has not committed a felony.
Subjectively, however, he is a criminal; hence, the law punished
Error in Personae/ Mistake in Identity the impossible crime because of criminal propensity or
tendencies.
 The intended victim was not at the scene of the crime,
it was the actual victim upon whom the blow was Nature of Impossibility:
directed, but he was not the intended victim, there was 1. Legal Impossibility
really a mistake in identity.  It would apply to those circumstances where:
 It is mitigating if the crime committed is different from the motive, desire, and expectation is to perform an act in
that which is intended. If the crime committed is violation of the law.
different from that which was intended, error in 1. There is an intention to perform the physical
personae does not affect the criminal liability of the act.
offender. 2. There is a performance of the intended
physical act.
Praeter Intentionem/ Consequence went beyond the 3. The consequence resulting from the intended
Intention act does not amount to a crime.
 It is mitigating, particularly covered by par. 3, Art. 13. 2. Physical Impossibility

 There must be a notable disparity between the means  occurs when extraneous circumstances unknown to the
employed and the resulting felony. actor or beyond his control prevent the consummation
of the intended crime.
 criminal liability is incurred by any person committing a Article 5

felony not merely performing an act.
 the person is still criminally liable even if there is a Duty of the court in connection with acts which should
mistake in the identity of the victim(error in personae) be repressed but which are not covered by the law, and in cases
Pp vs. Oanis 74 Phil 257; when there is mistake in the of excessive penalties.
blow(aberration ictus); the injurious result is greater Whenever a court has knowledge of any act which it
than that intended(praeter intentionem) may deem proper to repress and which is not punishable by law:
 any person who creates in another‘s mind an
immediate sense of danger, which causes the latter to  it shall render the proper decision, and
do something resulting in the latter‘s injury, is liable for  shall report to the Chief Executive, through the
the resulting injuries. Department of Justice,
 the felony committed must be the proximate cause of  which induce the court to believe that said act should
the resulting injury. Proximate cause is that cause, be made the subject of litigation.
which in natural and continuous sequence, unbroken
by any efficient intervening cause, produces the injury, In the same way the court shall:
and without which the result would not have occurred.(  submit to the Chief Executive, through the Department
Bataclan vs. Medina 102 Phil 181) of Justice,
 such statement as may be deemed proper,
Requisites of paragraph 1:  without spending the execution of the sentence,
 when a strict enforcement of the provisions of this code
a. an intentional felony has been would result in the imposition of a clearly excessive
committed, penalty.
b. the wrong done to the aggrieved party  Taking into consideration the degree of malice and the
be the direct, natural, and logical injury caused by the offense.
consequence of the felony committed by
the offender.
Article 6
IMPOSSIBLE CRIME, defined. Consummated, frustrated, and attempted felonies.

Is as act which would be an offense against person or Consummated felonies, as well as those which are
property where it not for the inherent impossibility of its frustrated and attempted, are punishable.
accomplishment or on account of the employment of inadequate A felony is consummated when all the elements
or ineffectual means. necessary for its execution and accomplishment are present; and
it is frustrated when the offender performs all the acts of
Requisites: execution which would produced the felony as a consequence
1. the act performed would be an offense against persons but which, nevertheless, do not produce it by reason of causes
or property; independent of the will of the perpetrator.
2. the was done with evil intent; There is an attempt when the offender commences the
3. its accomplishment is inherently impossible or that the commission of a felony directly by overt acts, and does not
means employed is either inadequate or ineffectual; perform all the acts of execution which should produce the felony
4. the act performed should not constitute a violation of by reason of some cause or accident other than his own
another provision of the RPC. spontaneous desistance.
means employed by the offender is inadequate or

Elements of Attempted felony: ineffectual; in attempted or frustrated felony, what
prevented its accomplishment is the intervention
a. the offender commences the commission of the of certain cause or accident in which the offender
felony directly by overt acts; had no part.
b. he does not perform all the acts of execution
which should produce the felony;
c. the offender‘s act be not stopped by his own Article 7
spontaneous desistance;
d. the non-performance of all acts of execution was When light felonies are punishable.
due to cause or accident other than his Light felonies are punishable only when they have
spontaneous desistance. been consummated, with the exception of those committed
against persons or property.
Elements of Frustrated felony:
- light felonies are those infractions of law for the
a. the offender performs all the acts of execution; commission of which the penalty of arresto menor
b. all the acts performed would produce the felony as or a fine not exceeding 200 pesos or both, is
a consequence; provided.
c. but the felony is not produced; - The light felonies punished by the RPC are: slight
d. by reason of causes independent of the will of the physical injuries(art. 266), theft(art. 309 pars. 7
perpetrator. and 8), alteration of boundary marks(art. 313),
malicious mischief(art. 328 par. 3; art. 329 par. 3),
Consummated felony: intriguing against honor(art. 364)
- all the elements necessary for its execution and

accomplishments are present. Every crime has its Article 8
own elements which must all be present to
constitute a culpable violation of a precept of law. Conspiracy and proposal to commit felony.
Conspiracy and proposal to commit felony are
punishable only in the cases in which the law specially provides a
Frustrated felony distinguished from Attempted felony. penalty therefore.
A conspiracy exists when two or more persons come to
1. In both, the offender has accomplished his an agreement concerning the commission of a felony and decide
criminal intent; to commit it.
2. While in frustrated felony, the offender has There is proposal when the person who has decided to
performed all the acts of execution which would commit a felony proposes its execution to some other person or
produce the felony as a consequence, in persons.
attempted felony the offender merely commences
the commission of a felony directly by overt acts Kinds of Conspiracy:
and does not perform all the acts of execution. In 1. Conspiracy as a crime
other words, in frustrated felony, the offender has 2. Conspiracy as a manner or incurring criminal liability
reached the objective phase; in attempted felony, a. Express---conspirators meet and plan
the offender has not passed the subjective phase. prior to the execution; participants are
3. In frustrated felony, there is no intervention of a conspirators prior to the commission of
foreign or extraneous cause between the the crime.
beginning of the consummation of the crime and
the moment when all of the acts have been b. Implied---did not meet prior to the
performed which should result in the commission of the crime; they
consummated crime; In attempted felony there is participated in such a way they are
such intervention and the offender does not arrive acting in concert. Conspiracy is deduced
at the point of performing all of the acts which from the manner of commission.
should produce the crime.
As a crime Means to commit a crime

Attempted or frustrated felony distinguished from Mere agreement is sufficient to Overt acts are necessary to
impossible crime. incur criminal liability. incur criminal liability.
Punishable only when the law Offenders are punished for the
1. In attempted or frustrated felony and impossible expressly so provides. crime itself.
crime, the evil intent of the offender is not
accomplished.  conspiracy to commit a felony is punishable in;
2. But while in impossible crime, the evil intent of the conspiracy to commit treason(art. 115); rebellion or
offender cannot be accomplished, in attempted or insurrection(art. 136); and sedition(art. 141).
frustrated felony the evil intent of the offender is  Treason, rebellion or insurrection, and sedition need
possible of accomplishment. not be actually committed
3. In impossible crime, the evil intent of the offender
cannot be accomplished because it is inherently  proposal to commit a felony is punishable in treason
impossible of accomplishment or because the and rebellion or insurrection.
 Treason or rebellion need not be actually committed.

The first clause should be understood to mean only
that the penal code is not intended to supersede special penal
Requisites of conspiracy: laws. The latter are controlling with regard to offenses therein
1. that two or more persons come to an agreement; specially punished. Said clause only restates the elemental rule
2. that the agreement concerned the commission of a of statutory construction that the special legal provisions prevail
felony; over general ones.
3. that the execution of the felony be decided upon The second clause contains the soul of the article. The
main idea and purpose of the article is embodied in the provision
Requisites of proposal: that ― the code shall be supplementary‖ to special laws, unless
1. that a person has decided to commit a felony; the latter should specially provide the contrary.
2. that he proposes its execution to some other person or
persons
CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY:
There is no criminal proposal when: there are only five (5) specifically provided for:
1. the person who proposes is not determined to commit
the felony. 1) JUSTIFYING CIRCUMSTANCES-those wherein the
2. there is no decided, concrete and formal proposal. acts of the actor are in accordance with the law, and
3. it is not the execution of the felony that is proposed hence, he incurs no criminal liability.
2) EXEMPTING CIRCUMSTANCES-those wherein there
 It is not necessary that the person to whom is an absence of voluntariness, and hence, though
the proposal is made agrees to commit there is crime, there is no criminal liability.
treason or rebellion. 3) MITIGATING CIRCUMSTANCES-those that have the
effect of reducing the penalty because there is a
 The crimes in which conspiracy and proposal diminution of any of the elements of DOLO or CULPA
are punishable are against the security of the which makes the act voluntary or because of the lesser
state or economic security. perversity of the offender.
4) AGGRAVATING CIRCUMSTANCES-those which
serve to increase the penalty without exceeding the
Article 9 maximum provided by law because of the greater
perversity of the offender as shown by the motivating
Grave felonies, less grave felonies, and light felonies. power of the commission of the crime, the time and
Grave felonies are those to which the law attaches the place of its commission, the means employed or the
capital punishment or penalties which in any of their periods are personal circumstances of the offender.
afflictive, in accordance with article 25 of this code. 5) ALTERNATIVE CIRCUMSTANCES-those which are
Less grave felonies are those which the law punishes either aggravating or mitigating according to the nature
with penalties which in their maximum period are correctional, in and effects of the crime and other conditions attending
accordance with the above-mentioned article. its commission.
Light felonies are those infractions of law for the
commission of which the penalty of arresto menor or a fine not There are two (2) others which are found in the provisions of
exceeding 200 pesos or both, is provided. the RPC:
1) ABSOLUTORY CAUSE-that which has the effect of
absolving the offender from criminal liability, although
The afflictive penalties in accordance with article 25 of the not from civil liability. It has the same effect as
code are: exempting circumstances.
2) EXTENUATING CIRCUMSTANCES-that which has
Reclusion perpetua the effect of mitigating the criminal liability of the
Reclusion temporal offender.
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Prision mayor Article 11
The following are correctional penalties; Justifying circumstances.

The following do not incur criminal liability:
Prision correctional
Aresto mayor Paragraph 1. Self defense
Destierro Anyone who acts in defense of his person or rights,
provided that the following circumstances concur:
Article 10 First. Unlawful aggression;
Offenses not subject to the provisions of this code. Second. Reasonable necessity of the means employed to
Offenses which are or in the future may be punishable prevent or repel it;
under special laws are not subject to the provisions of this code.
This code shall be supplementary to such laws, unless the latter Third. Lack of sufficient provocation on the part of the person
should specially provide the contrary. defending himself.
 Mere threatening attitude is not unlawful

Elements: aggression.(US vs. Guy-sayco 13 Phil 292)
1) Unlawful aggression  The reasonableness of the necessity depends upon the
2) reasonable necessity of the means employed to repel it circumstances.
3) lack of sufficient provocation on the part of the person  The person defending is not expected to control his
defending himself blow.
Kinds of Unlawful Aggression: Paragraph 2

a. ACTUAL-an attack with physical force or with a Anyone who acts in defense of the person or rights of his
weapon. It is a material aggression, an offensive spouse, ascendants, descendants, or legitimate, natural, or
act which positively determines the intent of the adopted brothers or sisters or of his relatives by affinity in
aggressor to cause an injury. It is a physical the same degrees, and those by consanguinity within the fourth
assault, coupled with a willful disregard of an civil degree, provided that the first and second requisites
individual‘s personality. prescribed in the next preceding circumstance are present, and
b. IMMINENT-an attack that is impending or at the the further requisite , in case the provocation was given by the
point of happening. It must not consist in a mere person attacked, that the one making defense had no part
threatening attitude nor must it be merely therein.
imaginary. The intimidating attitude must be
offensive and positively strong.  relatives can be defended. Spouse, Ascendants,
descendants, legitimate, natural or adopted brothers or
sisters, or relatives by affinity in the same degree and
 unlawful aggression is an indispensable requisite. relatives by consanguinity within the fourth civil degree.
 Aggression must be unlawful
 Paramour surprised in the act of adultery cannot invoke
self-defense if he killed the offended husband who was Paragraph 3
assaulting him.(US vs. Merced 39 Phil 198) Anyone who acts in defense of the person or rights of a
 Unlawful aggression is equivalent to assault or at least stranger, provided that the first and second requisites mentioned
threatened assault of an immediate and imminent in the first circumstance of this article are present and that the
kind(Pp vs. Alconga 78 Phil 366). person defending be not induced by revenge, resentment or
 The danger or peril to one‘s life or limb must be other evil motive.
present, that is, must actually exists.
 There must be actual physical force or actual use of  Any person not included in the enumeration of relatives
weapon. mentioned in paragraph 2 of this article is considered a
 ―foot-kick greeting‖ is not an unlawful aggression(P/P stranger for the purpose of paragraph 3.
vs. Sabio 19 SCRA 901)  Includes only up to first cousin.
 No unlawful aggression when there is no imminent and  Distinction must be made between relative and
real danger to the life and limb of the accused. stranger is important because of the element of evil
 A strong retaliation for an injury or threat may amount motive.
to an unlawful aggression(US vs. Carerro 9 Phil 544)
 The attack made by the deceased and the killing of the Paragraph 4
deceased by the defendant should succeed each other Any person who, in order to avoid an evil or injury,
without appreciable interval of time.(P/P vs. Arellano does an act which causes injury to another, provided that the
C.A 54 O.G. 7252) following requisites are present:
 The unlawful aggression must come from the person
who was attacked by the accused. First. That the evil sought to be avoided actually exists;
 A public officer exceeding his authority may become
unlawful aggressor.(P/P vs. Hernandez 59 Phil 343) Second. That the injury feared be greater than that done to avoid
 Nature, character, location and extent of wound of the it;
accused allegedly inflicted by the injured party may
belie claim of self defense.(P/P vs. Tolentino 54 Phil Third. That there be no other practical or less harmful means of
77) preventing it.
 Improbability of the accused being the aggressor belies
the claim of self defense.(P/P vs. Diaz 55 SCRA 178)  The greater evil should not be brought about by the
 The fact that the accused declined to give any negligence or imprudence of the actor.
statement when he surrendered to a policeman is  When the accused was not avoiding any evil, he
inconsistent with the plea of self defense.(P/P vs. cannot invoke the justifying circumstance of avoidance
Manansala 31 SCRA 401) of a greater evil or injury.(P/P vs Ricohermoso 56
 When the aggressor flees, unlawful aggression no SCRA 431).
longer exists.(P/P vs. Alconga 78 Phil 366)  The evil which brought about the greater evil must not
 No unlawful aggression when there is agreement to result from a violation of law by the actor.
fight.
 One who voluntarily joined a fight cannot claim self Paragraph 5
defense. Any person who acts in the fulfillment of duty or in the
 There is unlawful aggression even if the aggressor lawful exercise of a right or office.
used a toy pistol, provided that the accused believed it
was a real gun.(P/P vs. Boral 11 CA Rep. 914) Requisites:
1. That the accused acted in the performance of a 3. A person over nine years of age and under fifteen, unless he
duty or in the lawful exercise of a right or duty. has acted with discernment, in which case, such minor shall be
2. That the injury caused or the offense committed proceeded against in accordance with article 192 of PD 603.
be the necessary consequence of the due
performance of duty or the lawful exercise of such When such minor is adjudged to be criminally
right or office. irresponsible, the court, in conformity with the provisions of this
and the preceding paragraph, shall commit him to the care and
Paragraph 6 custody of his family who shall be charged with his surveillance
.Any person who acts in obedience to an order and education; otherwise, he shall be committed to the care of
issued by a superior for some lawful purpose. some institution or person mentioned in article 192 of PD 603.
Periods of human life under the RPC:

Requisites: Absolute irresponsibility 9 years and below
Conditional responsibility >9, <15
1. That an order has been issued by a superior. Full responsibility 18-70
2. That such order must be for some legal purpose. Mitigated responsibility 1) >9,<15-offendr acting
3. That the means used by the subordinate to carry with discernment.
out said order is lawful. 2) 15, <18
3) over 70
Article 12 Presumptions:
EXEMPTING CICUMSTANCES 1. Conclusive Presumption-if the age of the
minor does not exceed 9 years, he is
Circumstances which exempt from criminal liability. conclusively exempt from criminal liability.
The following are exempt from criminal liability: 2. Rebuttable Presumption-if the minor is over 9
but under 15, he is disputably presumed not
Paragraph 1 criminally liable but the prosecutor can
An imbecile or an insane person, unless the latter has present evidence that he acted with
acted during a lucid interval. discernment. If it‘s proven he acted with
discernment, he is criminally liable.
When the imbecile or an insane person has committed
an act which the law defines as a felony(delito), the court shall  Under nine years to be construed as nine years or less.
order his confinement in one of the hospitals or asylums  There is absolute irresponsibility in the case of a minor
established for persons thus afflicted, which he shall not be under nine years of age.
permitted to leave without first obtaining the permission of the  Age computed up to the time of commission of crime.
same court.  Senility although said to be the second childhood, is
only mitigating
Two (2) tests for exemption on the ground of Insanity:  the minor must have acted without discernment.
1. the test of COGNITION or whether the  The minor under 15 years acted without discernment is
accused acted with complete presumed.
deprivation of intelligence in committing
 Discernment means the mental capacity of a minor
said crime.
between 9 and 15 years of age to fully appreciate the
2. the test of VOLITION or whether the
consequences of his unlawful act.(P/P vs Navarro CA
accused acted in the total deprivation of
51 OG 4062).
freedom of will.
 Facts from which age is presumed must be stated for
the record.
 an imbecile is exempt in all cases from criminal liability,
 The allegation of ― with intent to kill‖ in the information
the insane is not so exempt if it can be shown that he
is sufficient allegation of discernment.
acted during a lucid interval.
 It is based on complete absence of intelligence.
 An imbecile is one who while advance in age has a
mental development comparable to that of children
Condition for suspension of sentence if minor:
between two and seven years of age.
3. the crime committed should not carry the
 To constitute insanity, there must be complete
penalty of life or death;
deprivation of intelligence or that there be a total
4. he should not have been given the benefit of
deprivation of the freedom of the will.
suspension of sentence before.
 The defense must prove that the accused was insane 5. his age at the time of the promulgation of
at the time of the commission of the crime, because the judgment must be below 18, even though at
presumption is always in favor of sanity. If the accused the time of the commission of the crime, he
becomes insane at the trial and not during the was over 9 and below 15 years of age.
commission of the crime, he is still liable. 6. if the offender is above 15, but below 18,
 Epilepsy may be covered by the term insanity. there is no exemption anymore but he is also
 Feebleminded is not imbecility. given the benefit of a suspended sentence
under the three preceding conditions. It the
sentence is promulgated, the court will
Paragraph 2 and 3 impose a penalty 1 degree lower and in the
2. A person under nine years of age. proper periods subject to rules an Art. 64.
Paragraph 4
Any person who, while performing a lawful act with due Article 13
care, causes an injury by mere accident without fault or intention
of causing it. Classes of mitigating circumstances:
Accident-any happening beyond the control of a person the 1. Ordinary mitigating- those enumerated in subsections
consequence of which are not foreseeable. 1-10 of article 13.
2. Privilege mitigating- those mentioned in articles 68, 69,
Elements: 64.
1. A person is performing a lawful act. Distinctions

2. With due care Ordinary Privileged
3. He causes an injury to another by mere accident. As to nature Can be offset by Can never be
4. Without fault or intention of causing it.(P/P vs generic offset by
Vitug 8 CAR {2s} 905, 909) aggravating aggravating
circumstances circumstances.
As to effect If not offset, will Operates to
Paragraph 5 operate to reduce reduce the
Any person who acts under the compulsion of an the penalty to the penalty by 1 or 2
irresistible force. minimum period, degrees
provided, the depending upon
Elements: penalty is what the law
divisible. provides.
1. That the compulsion is by means of physical
force. Ordinary mitigating is susceptible of being offset by any
2. That the physical force must be irresistible. aggravating circumstance; while privileged mitigating cannot be
3. That the physical force must come from a third offset by aggravating circumstance.
person.
 The irresistible force must produce such an effect upon Ordinary mitigating, if not offset by aggravating
the individual that, in spite of all resistance, it reduces circumstance, produces only the effect of applying the penalty
him to a mere instrument, and as such, incapable of provided by law for the crime in its minimum period, in case of
committing a crime. He must act not only without a will divisible penalty; whereas, privileged mitigating produces the
but against his will. effect of imposing upon the offender the penalty lower by one or
two degrees than that provided by law for the crime.
Paragraph 6
Any person who acts under the impulse of an Mitigating circumstances.
uncontrollable fear of an equal or greater injury. The following are mitigating circumstances:
Elements: Paragraph 1
Those mentioned in the preceding chapter, when all the
1. That the threat which caused the fear is of an evil requisites necessary to justify the act or to exempt from criminal
greater than or at least equal to, that which he is liability in the respective cases are not attendant
required to commit.
2. That it promises an evil of such gravity and  All the requisites necessary to justify the act are not
imminence that the ordinary man would have attendant. Incomplete self defense, defense of
succumbed to it.(US vs Elicanal 35 Phil 209) relatives, and defense of stranger. Note that in these
three classes of defense, unlawful aggression must be
 A grave fear is not uncontrollable if there was an present, it being an indispensable requisite. What is
opportunity to verify one‘s fear. absent is either one or both of the last two requisites.
 Incomplete exempting circumstance of minority over
Paragraph 7 nine and under fifteen years of age. If the minor over 9
Any person who fails to perform an act required by law, and under 15 years of age acted with discernment, he
when prevented by some lawful or insuperable cause. is entitled only to mitigating circumstance, because not
all requisites necessary to exempt from criminal liability
Elements: are present.
 Incomplete exempting circumstance of accident. Under
1. That an act is required by law to be done. 4th par. Of article 12, four requisites must be present. If
2. That a person fails to perform such act. the 2nd requisite and the first part of the 4th requisite are
3. That his failure to perform such act was due to absent, the case will fall under article 365 which
some lawful or insuperable cause. punishes a felony by negligence or imprudence. In
effect, there is mitigating circumstance because the
penalty is lower than that provided for intentional
felony.
Paragraph 2 Requisites:
That the offender is under 18 years of age or over 70
years. In the case of the minor, he shall be proceeded against in 1. That there be a grave offense done to the one
accordance with article 192 of PD 603. committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted brothers or
It contemplates the following: sisters, or relatives by affinity within the same degrees;
2. That the felony is committed in vindication of such
1. An offender over 9 but under 15 years of age who grave offense. A lapse of time is allowed between the
acted with discernment. vindication and the doing of the grave offense.
2. An offender 15 or over but under 18 years of age
3. An offender over 70 years old.
Paragraph 6
That of having acted upon an impulse so powerful as
Paragraph 3 naturally to have produced passion or obfuscation.
That the offender had no intention to commit so grave a
wrong as that committed. Requisites;
It can be taken into account only when the facts proven 1. The accused acted upon an impulse;
show that there is a notable and evident disproportion between 2. The impulse must be so powerful that it naturally
the means employed to execute the criminal act and its produced passion or obfuscation.
consequences.(US vs Reyes 36 Phil 904)
When there are causes naturally producing in a person
natural excitement, he loses his reason and self-
control, thereby diminishing the exercise of his will
Paragraph 4 power.(US vs Salandanan 1 Phil 464)
That sufficient provocation or threat on the part of the
offended party immediately preceded the act. Passion or obfuscation may constitute a mitigating
circumstance only when the same arose from lawful
Requisites: sentiments.
1. That the provocation must be sufficient.
2. That it must originate from the offended party. The act of the offended party must be unlawful or
3. That the provocation must be immediate to the act, i.e., unjust.
to the commission of the crime by the person who is
provoked. Exercise of a right or fulfillment of duty is not proper
source of passion of obfuscation.(P/P vs Noynay 58
 Immediate: if there is a break of time before Phil 393)
the provocation or threat and the consequent
commission of the crime, the law The passion or obfuscation must arise from an act which is:
presupposes that during that interval, 1. coming from the offended party.
whatever anger or diminished self-control 2. unlawful
may have emerged from the offended party 3. naturally strong as to condition the mind of
had already vanished or disappeared. the offender to commit the crime
 CRITERIA: 4. not far removed from the commission of the
1. TIME. If from the element of time, there crime.
is a material lapse of time stated in the
problem that the effect of the threat or
provocation had prolonged and affected Paragraph 7
the offender at the time he committed That the offender had voluntarily surrendered himself to
a person in authority or his agents, or that he had voluntarily
the crime, the use the criterion based on
the time element. confessed his guilt before the court prior to the presentation of
2. However, if there is that time element evidence for the prosecution.
and at the same time, facts are given
indicating that at the time the offender Requisites of voluntary surrender:
committed the crime, he is still suffering
from outrage of the threat or provocation 1. That the offender had not been actually arrested.
done to him, then he will still get the 2. That the offender surrendered himself to a person in
benefit of mitigating circumstance. authority or to the latter‘s agent.
3. That the surrender was voluntary and spontaneous.
Paragraph 5
That the act was committed in the immediate  If after committing the crime, the offender did
vindication of a grave offense to the one committing the not flee and he went with the law enforcers
felony(delito), his spouse, ascendants, descendants, legitimate, meekly, voluntary surrender is not applicable.
natural or adopted brothers or sisters, or relatives by affinity  If after committing the crime, he did not flee,
within the same degrees. instead waited for the law enforcers to arrive
and he surrendered the weapon he used in
killing the victim, there is voluntary surrender
as he had the opportunity to go into hiding.
Voluntary Plea of Guilt Classification:

During arraignment, not preliminary investigation: voluntary 1) Generic-those that generally apply to all crimes
plea of guilt contemplates of an arraignment at which the 2) Specific-those that apply only to a particular crime
accused voluntarily enters a plea of guilt and admission of guilt 3) Qualifying-those that change the nature of the crime.
during preliminary investigation is immaterial. 4) Inherent-those that must of necessity accompany the
commission of the crime.
Requisites of Voluntary Plea of Guilt:
1) it must be unconditional GENERIC QUALIFYING
2) spontaneous Circumstance can be offset by It cannot be offset by any
3) prior to the presentation of evidence by the prosecution an ordinary mitigating mitigating circumstance
4) at the earliest possible time circumstance.
5) before a court competent to try the same. No need to allege this in the Must be specifically alleged in
information, as long as it is the information. If not, but
Paragraph 8 proven during the trial. If it is proven during the trial, it will be
That the offender is deaf and dumb, blind, or otherwise proven during the trial, the considered only as generic.
suffering some physical defect which thus restricts his means of court would consider the same
action, defense or communication with his fellow beings. in imposing the penalty.
Physical defect must restrict means of action, defense Paragraph 1 and 2

or communication with fellow beings. 1. That advantage be taken by the offender of his public position.
This provision does not distinguish between educated
and uneducated deaf-mute or blind persons. It considers them on 2. That the crime be committed in contempt of or with insult to
equal footing. the public authorities.
Requisites:
Paragraph 9 1) the public authority is engaged in the discharge of his
Such illness of the offender as would diminish the duties.
exercise of the will power of the offender without however 2) he is not the person against whom the crime is
depriving him of the consciousness of his acts. committed; and
3) the offender knows of the identity of the public
Requisites: authority.
1. That the illness of the offender must diminish the  Aggravating only in crimes against persons
exercise of his will power. and honor, not against property.
2. That such illness should not deprive the offender of the
consciousness of his acts. Paragraph 3
That the act be committed with insult or in disregard of the
When the offender completely lost the exercise of will- respect due to the offended party on account of his rank, age, or
power, it may be an exempting circumstance. sex, or it be committed in the dwelling of the offended party, if the
latter has not given provocation.
It is said that this paragraph refers only to diseases of
pathological state that trouble the conscience or will.  There must be proof that the accused deliberately
intended to offend or insult the age or sex of the
Paragraph 10 offended party.
And, finally, any other circumstances of a similar nature  Not applicable in crimes against property.
and analogous to those above mentioned.  Dwelling should not be understood in the concept of
domicile.
This authorizes the court to consider in favor of the  It must not be the dwelling of the offender.
accused ―any other circumstance of a similar nature and  Dwelling need not be owned by the offended party. It
analogous to those mentioned‖ in pars.1-9 of article 13. is enough that he used the place for his peace of mind,
comfort and privacy.
Paragraph 4 and 5
Article 14 4. That the act be committed with abuse of confidence or
obvious ungratefulness.
Aggravating circumstances.
The following are aggravating circumstances: 5. That the crime be committed in the palace of the Chief
BASIS: Executive, or in his presence, or where public authorities are
They are based on the greater perversity of the offender engaged in the discharge of their duties or in a place dedicated to
manifested in the commission of the crime as shown by: religious worship.
1) the motivating power itself
2) the place of commission
Requisites:
3) the means and ways employed
1) the offended party has trusted the offender.
4) the time
2) the offender abused that trust.
5) the personal circumstances of the offender, or the
3) the abused facilitated the commission of the crime.
offended party.
 If the confidence is reposed by another, the

offended party is different from the one who 10 That the offender has been previously punished for an
reposed the confidence and abuse of offense to which the law attaches an equal or greater penalty or
confidence in that case is not aggravating. for two or more crimes to which it attaches a lighter penalty.
I.
Paragraph 6 and 7
6. That the crime be committed in the nighttime or in an RECIDIVISM, defined.
uninhabited place, or by a band, whenever such circumstances Is one who, at the time of his trial for one crime, shall have
may facilitate the commission of the offense. been previously convicted by final judgment of another crime
embraced in the same Title.
Whenever more than three armed malefactors shall
have acted together in the commission of an offense, it shall be Reason for being aggravating:
deemed to have been committed by a band. The implication is that the offender is specializing on such
kind of crime and the law wants to prevent any specialization.
7. That the crime be committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic, or other calamity  It does not prescribe
or misfortune.  Pardon does not erase recidivism, even if it is absolute,
because pardon only excuse the service of the penalty,
Elements: but not the conviction.
1) the circumstance of night time  If recidivism is not alleged in the information, it shall de
2) they facilitate the commission of the crime to conceal considered as a generic aggravating
the offense, ease the execution or escape.
Habitual Recidivism Reiteracion Quasi-
 If all these aggravating circumstances concur in the delinquency recidivism
commission of the crime, all will constitute one Found guilty a Once, prior One (or One prior
aggravating circumstance. third time or conviction more) conviction
oftener. previous
Night time, Requisites: punishment
1) night time facilitated the commission of the crime; or Serious/less An offense One offense Any offense
2) the offender took advantage thereof; serious embraced in which the law
3) it was sought for impunity, or to insure escape, or physical the same attaches an
prevent himself from being identified. injuries. Title of the equal or
Robo, hurto, RPC. greater
Uninhabited place is determined by the distance of the estafa, or penalty or two
nearest house to the scene of the crime but whether or not in the falsification offenses to
place of the commission of the crime, there was a reasonable which the law
possibility of the victim receiving some help. attaches a
lighter
Band, Requisites: penalty.
1) offenders are at least four Imposition of Generic Generic Special
2) who are armed additional aggravating aggravating aggravating.
3) who took direct part in the execution of the crime. penalty.
Paragraph 8
Recidivism Quasi-Recidivism
That the crime be committed with the aid of armed men
2 convictions, at least 2 convictions at least
or persons who insure or afford impunity.
Felony must be embraced Any felony
under the same title of the
Requisites:
RPC.
1) armed person took part in the commission of the crime,
Imprescriptible 2nd felony must be committed
directly or indirectly.
after conviction by final
2) accused availed of their aid or relied upon them when
judgment of the 1st but before
the crime was committed.
sentence begins or while
serving sentence.
It is not aggravating:
Generic aggravating Special aggravating
1) where the offender and the offended party are equally
armed. Need not be alleged in the Must be alleged in order to be
2) if the person committing the crime and the armed men information considered by the court.
are in conspiracy. Aid of armed men is absorbed.
Paragraph 9 and 10 Recidivism Reiteracion

9. That the accused is a recidivist. 2 convictions are enough At least 2 convictions, if the
law attaches an equal or
I. A recidivist is one who, at the time of his trial for greater penalty; at least 3 if
one crime, shall have been previously convicted succeeding crimes have lighter
by final judgment of another crime embraced penalty. Must already served
II. in the same title of this Code. sentence.
Felony embraced under the Felony depends on the gravity the time when the offender executed the act.
same title of the RPC. of the penalty attached thereto It must appear that the offender clung to his
Generic aggravating. Generic aggravating determination to commit the crime.
Some crimes where evident premeditation is absorbed:

1) kidnapping for ransom
Habitual delinquency Reiteracion 2) robbery with force upon things where there is entry into
At least 3 convictions At least 2 convictions, if the the premises of the offended party.
law attaches an equal or 3) estafa through false pretenses where the offender
greater penalty; 3 if the law employs insidious means which cannot happen
attaches a lighter penalty. accidentally.
Crimes are specified Crimes are not specified
10 years prescriptive period Imprescriptible Paragraph 14
Special aggravating Generic aggravating That craft, fraud, or disguise be employed.
Craft- intellectual cunning or trickery

Recidivism Habitual delinquency
2 convictions are enough At least 3 convictions Fraud- insidious words or machinations
The crimes are not specified. The crimes are limited and
It is enough that they are specified: a. serious physical Disguise- to enable the offender to conceal his identity and to
embraced under the same title injuries, b. less serious escape it must conceal the identity of the offender, if he is
of the RPC physical injuries, c. robbery, d. recognized, the disguise will not be considered aggravating.
theft, e. estafa or swindling,
and f. falsification. Paragraph 15
Imprescriptible The limit of 10 years between That advantage be taken of superior strength, or means be
every conviction or release employed to weaken the defense.
from punishment.
Generic aggravating Special aggravating  intentional employment of excessive means out of
Circumstance need not be Circumstance must be alleged proportions to the means of defense available to the
alleged in the information in the information; otherwise, offended party.
the court cannot acquire
jurisdiction to impose Paragraph 16
additional penalty. That the act be committed with treachery (alevosia).
Paragraph 11 and 12 There is a treachery when the offender commits any of the
11. That the crime be committed in consideration of a price, crimes against the person, employing means, methods or forms
reward, or promise. in the execution thereof which tend directly and specially to
insure its execution, without risk to himself arising from the
12. That the crime be committed by means of inundation, fire, defense which the offended party might make.
poison, explosion, stranding of a vessel or intentional damage
thereto, derailment of a locomotive, or by the use of any other
artifice involving great waste and ruin. Requisites:
1) the malefactors employs such means, methods or
 The inducement must be the PRIMARY manner of execution that ensures his or her safety from
CONSIDERATION in the commission of the crime. the defensive or retaliatory act of the victim.
 Both the giver/s and receiver/s are offenders. 2) such means, method or form of execution is
consciously or deliberately adopted by the accused.
Paragraph 13
That the act be committed with the evident premeditation. TREACHERY, defined.
The employment of means, method and form in the
Conditions: commission of the crime which tend directly and specially to
1) the time when the accused determined to commit the insure its execution without risk to himself arising from the
crime. defense which the offended party might make.
2) an act manifestly indicating that the accused has clung
to his determination. Paragraph 17
3) sufficient lapse of time between such determination That means be employed or circumstances brought
and execution, to allow him to reflect upon the about which add ignominy to the natural effects of the act.
consequences of his act.
 Evident premeditation shall not be Ignominy Cruelty

considered when the crime refers to a Shocks moral conscience Physical
different person other than the person Moral effect of a crime and it Pertains to the physical
premeditated against. pertains to the moral order, suffering of the victim so the
 Premeditation must be clear. whether or not the victim is victim has to be alive.
 It is required that there be evidence showing dead or alive
meditation between the time when the
offender determined to commit the crime and
Paragraphs 18, 19 and 20

18. That the crime be committed after an unlawful entry. Relationship is aggravating in crimes against person, chastity
and honor.
There is an unlawful entry when an entrance is
effected by a way not intended for the purpose. INTOXICATION
Intoxication is ipso facto mitigating, thus if the
19. That as a means to the commission of a crime a wall, roof, prosecution wants to deny the offender the benefit of this
floor, door, or window be broken. mitigating, they should prove that it is HABITUAL and
INTENTIONAL.
20. That the crime be committed with the aid of persons under
fifteen years of age, or by means of motor vehicle, airships, or It is mitigating when:
other similar means. The offender has reached that degree of intoxication
where he has no control of himself. It is not the number of drinks
Paragraph 21 he had that will determine this but the conduct of the offender,
That the wrong done in the commission of the crime be the manner of committing the crime, and his behavior after
deliberately augmented by causing other wrong not necessary for committing the crime.
its commission.
DEGREE OF INSTRUCTION AND EDUCATION
 there must be evidence showing the accused inflicted
the alleged wounds slowly and gradually and that he is It is mitigating in most crimes, EXCEPT where the
delighted in seeing the victim suffer in pain. In the natural law posits the general and obvious rule that said crime
ABSENCE of this effect, there is no cruelty. should not be done, like rape, murder, or robbery.
Article 15 It is aggravating when the offender used his education

in the commission of the crime.
Alternative circumstances are those which must be
taken into consideration as
1) aggravating or mitigating according to the nature and
effects of the crime, and
2) the other conditions attending its commission.
Title 2
PERSONS CRIMINALLY LIABLE FOR FELONIES
They are:
1) relationship Article 16
2) intoxication The following are criminally liable for GRAVE AND LESS GRAVE
3) degree of instruction and education of the offender. FELONIES:
1) Principals
RELATIONSHIP 2) Accomplices
It shall be taken when the offended party is the: 3) Accessories
a) spouse
b) ascendant The following are criminally liable for LIGHT FELONIES:
c) descendant 1) Principals
d) legitimate, natural or adopted brother or sister, or 2) Accomplices
e) relative by affinity in the same degree of the offender.
It is necessary to classify offenders when more than 1 took
Relationship is Exempting when: part in the commission of the crime to determine the proper
a) accessory is related to the principal (Art. 20) penalty. If only 1 person committed a crime, do not use the term
b) a spouse does not incur criminal liability for a crime of principal.
less serious physical injuries or serious physical
injuries if it was inflicted after having surprised the When there are several participants, the first thing to do is
offended spouse and the paramour actually in the act find out if there is CONSPIRACY. However, if the participant of 1
of having sex. (Art. 247) is so significant, such that even without his cooperation, the
c) in the crimes of theft, malicious mischief and estafa, if crime would be committed just as well, then notwithstanding the
the offender is the spouse, ascendant , or descendant existence of a conspiracy, such offender may be regarded only
or if the offender is a sister or brother-in-law of the as an accomplice. The reason for this is the law favors a milder
offended party and they are living together. (Art. 332) form of criminal liability if the act of the participant does not
this is an absolutory cause. demonstrate clear perversity.
Relationship is Qualifying when:

a) Qualified seduction: brother (Art. 337) Article 17
b) Rape (Art. 335): when the victim is under 18 years of The following are considered principal:
age and the offender is a parent, ascendant, step-
parent, guardian, relative by consanguinity or affinity
within the third civil degree, or the common-law-spouse 1) those who take a direct part in the execution of the act;
of the parent of the victim. 2) those who directly force or induce others to commit it;
3) those who cooperate in the commission of the offense
Relationship is mitigating, generally, in crimes against by another act without which it would not have been
property. accomplished.
INDUCEMENT:
One strong enough that the person induced could Accomplice Co-conspirator
hardly resist. This is tantamount to an irresistible force Liability is 1 degree lower than Liability is collective, not
compelling the person induced to carry out the execution of the that of the principal. individual.
crime. Came to know of the criminal Know of the criminal intention
intention after the principals as he is one of the authors.
Ill advised language is not enough, unless he who have reached a decision.
made such remark or advise is a co-conspirator in the crime Merely concur and cooperate Decide to commit the crime.
committed. in the commission of the crime.
Merely the instruments who Authors of the crime.
Ways of becoming a principal by inducement: perform essential acts for the
1. by directly forcing another to commit a crime, and perpetration of the offense.
 by using irresistible force; Acts are not indispensable. Acts are indispensable.
 by causing uncontrollable fear.
2. by directly inducing another to commit a crime. Article 19

 By giving price or offering reward or promise; Accessories are those who, having knowledge of the
 By using words of command. commission of the crime, and without having participated therein,
either as principals or accomplices, take part subsequent to its
Requisites: commission in any of the following manners:
1) that the inducement be made directly with the
intention of procuring the commission of the 1. by profiting themselves or assisting the offender to
crime. profit by the effects of the crime.
2) that such inducement be the determining 2. by concealing or destroying the body of the crime, or
cause of the commission of the crime. the effects or instruments thereof, in order to prevent its
discovery.
 The one who induced is merely an accomplice if he 3. by harboring, concealing or assisting in the escape of
merely goaded or provided encouragement to the the principals of the crime, provided the accessory acts
offender. with abuse of his public functions or whenever the
author of the crime is guilty of treason, parricide,
 If the inducement was made while the crime is already murder, or an attempt to take the life of the Chief
taking place, inducement cannot be said to be the Executive, or is known to be habitually guilty of some
reason for the felonious act. other crime.
Who may be considered as a principal by indispensable  One cannot be an accessory unless he

cooperation? knows of the commission of the crime. One
The basis is the importance of the cooperation to the must not have participated in the commission
consummation of to crime. If the crime could hardly be of the crime. The accessory comes into the
committed without such cooperation, when such cooperation picture when the crime is already
would bring about a principal. But if the cooperation merely consummated.
facilitated or hastened the consummation of the crime, this would
make the cooperator merely an accomplice. Instances when an accessory may be convicted without
conviction on the part of the principal:
In case of doubt, favor the lesser penalty/liability. 1) if the act committed by the accessory is under
subsection 1 and 2;
Article 18 2) if the principal is acquitted by reason of an exempting
Accomplices are those persons who, not being circumstance;
included in article 17, cooperate in the execution of the offense or 3) if the principal is not with the custody of proper
simultaneous acts. authorities if the accessory helped the principal to
escape.
 Accessories before the fact
 The cooperation is not indispensable.
Article 20
Requisites: The penalties prescribed for accessories shall not be
a. that there be community of design; i.e., knowing imposed upon those who are such with respect to their
the criminal design of the principal by direct  Spouses,
participation, he concurs with the latter in his  Ascendants,
purpose;  Descendants,
b. that he performs previous or simultaneous acts  Legitimate, natural and adopted brothers and sisters, or
that are not indispensable to the commission of  Relatives by affinity within the same degree
the crime. With the SINGLE EXCEPTION of accessories falling within the
provisions of paragraph 1 of the next preceding article.
 An accessory is not also liable if the felony committed

is a light felony.
- divisible and does that have fixed duration

and are divisible into three (3) periods:
Title 3 - indivisible those which have no fixed duration
PENALTIES  Indivisible penalties are:
- death
PENALTY, defined. - reclusion perpetua
It is the suffering that is inflicted by the state for the - perpetual absolute or
transgression of a law. special disqualification
- public censure
Judicial conditions of penalty:
1. must be productive of suffering, without however CLASSIFICATION OF PENALTIES:
affecting the integrity of the human personality
2. must be proportional/commensurate with the offense. AS TO SUBJECT MATTER AS TO GRAVITY
3. must be personal Corporal (death) Capital
4. must be legal Deprivation of freedom (reclusion, Afflictive
5. must be certain prision, arresto)
6. must be equal for all Restriction of freedom (destierro) Correctional
7. must be correctional Deprivation of rights (disqualification Light
and suspension)
Theories of Justifying Penalty: Pecuniary fine
1. PREVENTION – the state of must punish the criminal DURATION OF EACH DIFFERENT PENALTIES:
to prevent or suppress the danger to the state arising from
the criminal acts of the offender. 1. PERPETUAL PENALTIES – convict pardoned after
2. SELF-DEFENSE – the state has a right to punish the undergoing the penalty for 30 years, except when he is not
criminal as measure of self-defense so as to project society worthy of pardon by reason of his conduct or some other
from the threat and wrong inflicted by the criminal. serious cause.
3. REFORMATION – the object of punishment in criminal 2. RECLUSION TEMPORAL – 12 years and 1 day to 20
cases is to correct and reform the offender. years.
4. EXEMPLARITY – the criminal is punished to serve as 3. PRISION MAYOR AND TEMPORARY
example to deter others from committing crimes. DISQUALIFICATION – 6 years and 1 day to 12 years,
5. JUSTICE – that crime must be punished by the state except when disqualification is accessory penalty, in which
as an act of retributive justice, a indication of absolute right case its duration is that of the principal penalty.
and moral law violated by the criminal. 4. PRISION CORRECTIONAL, SUSPENSION AND
DESTIERRO – 6 months and 1 day to 6 years, except when
MEASURES OF PREVENTION OF SAFETY WHICH ARE NOT suspension is an accessory penalty, in which case its
CONSIDERED PENALTIES: duration is that of the principal penalty.
5. ARRESTO MAYOR – 1 month and 1 day to 6 months.
1. The arrest and temporary detention of accused 6. ARRESTO MENOR – 1 day to 30 days
persons as well as their detention of accused person as well 7. BOND TO KEEP THE PEACE – the period during
as their detention by reason of insanity, or imbecility or which the bond shall be effective is discretionary to the
illness requiring their confinement in a hospital. court.
2. The commitment of a minor to any of the institutions
mentioned in Art. 80 for the purposes specified therein. DESTIERRO – Is a punishment whereby a convict is vanished to
3. Suspension from the employment or public office a certain place and is prohibited from entering or coming
during the trial or in order to institute proceedings. near that place designed in the sentence, not less than 25
4. Fines and other corrective measures, which, in the kilometers.
exercise of their administrative disciplinary powers, superior
officials may impose upon their subordinate.  If the convict should enter the prohibited places, he
5. Deprivation of rights and reparations which the civil commits the crime of Evasion of Service of sentence
laws may establish in penal form. under ART. 157, RPC.
 The RPC specify that such detention shall DESTIERRO IS IMPOSED IN THE FOLLOWING SITUATIONS:
not be penalties but merely a preventive measure
because this gives justification for detaining the 1. When a legally person who had surprised his or her
accused. Otherwise, the detention would violate the spouse in the act of sexual intercourse with another and
constitutional provision that no person shall deprived of while in that act or immediately thereafter should kill or inflict
life, liberty and property without due process of law. serious physical injuries upon the other spouse and/or the
And also, the constitutional right of an accused to be paramour or mistress.
presumed innocent until the contrary is proved. 2. In the crime of grave threat or light threat, when the
offender is required to put a bond for good behavior but
CLASSIFICATION OF PENALTY: failed or refused to do so under ART. 284, such convict shall
be sentenced to Destierro so that he would not be able to
1. PRINCIPAL PENALTIES – those expressly imposed by carry out his threat.
the court in the judgment of conviction. 3. In the crime of concubinage, the penalty prescribed for
the concubinage is Destierro under ART. 334.
 Principal penalties may either be:
4. Where the penalty prescribed by law is Arresto Mayor

but then, the offender is entitled privileged mitigating
circumstance and lowering the prescribed penalty by one OUTLINE OF ACCESSORY PENALTIES INHERENT IN
degree, the penalty one degree lower is Destierro. So it PRINCIPAL PENALTIES:
shall be the one imposed.
DEATH RECLUSION PRISION PRISION
Death Penalty shall not be imposed in the following PERPETUA/ MAYOR CORRECTIONAL
instances: TEMPORAL
1. when the guilty person is below 18 years of age at the
Perpetual Civil interdiction Tempora Suspension from
time of the commission of the crime.
absolute for life or during ry public office,
2. is more than 70 years of age.
disqualifi the sentence absolute profession or
3. when upon appeal or automatic review of the case by
cation disqualifi calling
the Supreme Court, the required majority vote is not
cation
obtained for the imposition of he death penalty, in
which cases the penalty shall be reclusion perpetua, Civil Perpetual That of Perpetual special
interdictio absolute perpetual disqualification
Situations in which the execution of death penalty be n during disqualification, special from suffrage, if
suspended: 30 years, unless disqualifi the duration of
1. if convict is pregnant, or within 1 year after her delivery if not expressly cation imprisonment
2. convicts becomes insane or an imbecile after expressly remitted in the from exceeds/ 8
conviction remitted pardon of the suffrage, months, unless
3. court orders suspension by reason of: in the principal penalty unless expressly remitted
a. doubt as to the identity of the convict pardon expressl in the pardon of
b. there is a request for executive clemency y the principal
4. President grants reprieve. remitted penalty
in the
pardon
RULES FOR THE COMPUTATION OF PENALTIES: of the
principal
1. WHEN THE OFFENDER IS IN PRISON – the duration penalty
of temporary penalties is from the day on which the
judgment of conviction becomes final.  DESTIERRO has no accessory penalty.
2. WHEN THE OFFENDER IS NOT IN PRISON – the
duration of the penalty consisting in deprivation of liberty, is Effects of the penalties of perpetual or temporary absolute
from the day that the offender is placed at the disposal of disqualification:
judicial authorities for the enforcement of the penalty. 1. the deprivation of the public offices and employments
3. THE DURATION OF OTHER PENALTIES – the which the offender may have held even if conferred by
duration is from the day on which the offender commences popular election.
to serve his sentence. 2. the deprivation of the right to vote in any election for
any popular office or to be elected to such office.
 If an appeal, the service of sentence should 3. the disqualification for the offices or public
commence from the date of the promulgation of the employments and for the exercise of any of the rights
decision of the appellate court, not from the date the mentioned.
judgment of the trial court was promulgated. 4. the loss of all rights to retirement pay or other pension
for any office formerly held.
PREVENTIVE IMPRISONMENT 5. in case of temporary disqualification, the
disqualification in 2 and 3 shall last during the term of
The accused undergoes preventive imprisonment when the sentence.
the offense charged is nonbailable or even if bailable he cannot
further the required bill.  In absolute disqualification, all these effects last during
the lifetime of the convict and even after the service of
 Preventive imprisonment shall be credited in the the sentence.
service of their sentence with the full time during which
they have undergone it; PROVIDED: he agrees Effects of the penalties of perpetual or temporary special
voluntarily in writing to abide by the same disciplinary disqualification:
rules imposed upon convicted prisoners: 1. the deprivation of the office, employment, profession,
 If the detention prisoner does not agree to abide by the or calling affected;
same disciplinary rules imposed upon convicted 2. the disqualification for holding similar offices or
prisoners, he shall be credited in the service of his, employments either perpetually or during the term of
sentence with four-fifths (4/5) if the time during which the sentence according to the extent of such
he has undergone preventive imprisonment. disqualification.
Special disqualification for the exercise of the right of

suffrage:
1. Deprivation of the right to vote or to be elected to an
office;
2. cannot hold any public office during the period of otherwise, if the felony committed is slight the maximum
disqualification. duration of the subsidiary penalty is only 15 days.
CIVIL INTERDICTION, defined. When is it proper?

It is the deprivation of the following rights: It is proper when the convict is insolvent and:
1. parental authority 1. when there is a principal penalty of
2. guardianship over the person or property of imprisonment or any other principal penalty
the ward and carries with it a fine; and
3. marital authority 2. when the penalty is only a fine.
4. right to manage property and to dispose of
the same. Penalty Duration of stay
Prision correccional or arresto Remain under confinement
and fine until his fine is satisfied; but it
Bond to keep peace Bond for good behavior shall not exceed 1/3 of the
A principal penalty, not an This penalty is not found in term of sentence, and not
accessory penalty. article 25. more than 1 year.
No particular felony where this This is a penalty particular to Fine a. grave or less grave felony:
is prescribed. article 284- grave or light not more than 6 months.
threats. b. Light: not more than 15
The consequence of failure to Failure to put up a bond days
put up this bond is results in destierro. Higher than Prision No imprisonment
imprisonment for 6 months or Correccional
30 days depending on whether Not confinement in a penal Follow above rules
the felony committed is grave institution, but penalty is of
or less grave felony or light. fixed duration
PECUNIARY LIABILITIES:  FINE: Subsidiary penalty applies only for the non-
payment of the fine, criminal aspect; and not the civil
1. the reparation of the damage caused. aspect. The latter is what article 38 contemplates.
2. indemnification of the consequential damages  PUBLIC CENSURE AND FINE: If the penalty is public
3. fine censure and fine even if the public censure is a light
4. costs of proceedings penalty, the convict cannot be required to pay the fine
for subsidiary penalty for the non payment of the fine
 1 and 2 are payable to the offended party. because public censure is a penalty that has no fixed
 3 and 4 are payable to the state. duration.
 DESTIERRO AND FINE: The convict can be required
When is it applicable? to undergo the subsidiary penalty, as destierro, though
It is applicable ―in case the property of the offender not imprisonment, is still a penalty to be served.
should not se sufficient for the payment of all his pecuniary Hence, subsidiary penalty applies.
liabilities. Hence, if the offender has sufficient or no property, it is  TOTALITY OF PENALTY UNDER THE 3-FOLD
not applicable. RULE: Do not consider the totality of the imprisonment
of the convict is sentenced to but consider the totality
SUBSIDIARY PENALTY, defined. or the duration of the imprisonment that the convict will
It is a subsidiary personal liability to be suffered by the be required to serve under the 3-fold rule. If the totality
convict who has no property with which to meet the fine at the of the imprisonment under this rule does not exceed 6
rate of one day for each 8 pesos, subject to the rules provided in years, then even if the totality of the sentences without
Article 39. applying the 3-fold rule will go beyond 6 years, the
convict shall be required to undergo subsidiary penalty
SUBSIDIARY PENALTY IS APPLIED WHEN: if he could not pay the fine.
1. If the subsidiary penalty prescribed for the non

payment of fine which goes with the principal penalty, the COMPLEX CRIME
maximum duration of the subsidiary penalty is one year, so When a single act constitutes 2 or more grave or less
there is no subsidiary penalty that goes beyond one year. grave felonies, or when an offense is a necessary means for
But this will only be true if the one year period is higher than committing the other, the penalty for the most serious crime shall
1/3 of the principal penalty, the convict cannot be made to be imposed, the same to be applied in its maximum period.
undergo subsidiary penalty more than 1/3 of the duration of
the principal penalty and in no principal penalty – whichever Philosophy behind:
is lower. The treatment of plural crimes as one is to be lenient to
the offender, who, instead of being made to suffer distinct penalty
2. If the subsidiary penalty is to be imposed for non only, although it is the penalty for the most serious one and in the
payment of fine and the principal penalty imposed be fine maximum period. It is in consonance with the doctrine of pro reo.
only, which is a single penalty, that means it does not go
with another principal penalty, the most that the convict will
be required to undergo subsidiary imprisonment is 6 A complex crime is either:
months, if the felony committed is grave or less grave, 1. a single act constituting 2 or more grave or
less grave felonies;
2. an offense is a necessary means for The penalty for the most serious crime shall be
committing the other-COMPLEX CRIME imposed, the same to be applied in its maximum period.
PROPER.
PENALTY PRESCRIBED TO A CRIME IS LOWERED BY
Forms: DEGREES IN THE FOLLOWING CASES:
1. Compound crimes
2. Complex Crime Proper 1. When the crime is only attempted or frustrated.
3. Composite Crime
4. Continued Crime  If it is frustrated, penalty is one degree lower
than that prescribed by law.
1. Compound crimes  If it is attempted, penalty is two degrees
Offender performs a single act and produces 2 or more lower than that prescribed by law.
crimes; no regard for the gravity of crimes, as long as there is
only 1 act. 2. When the offender is an accomplice or accessory only:
Requisites:  Penalty is 1 degree lower in case of an

1. that only a single act is performed by the offender; accomplice
2. that the single act produces:  Penalty is 2 degrees lower in the case of an
a. 2 or more grave felonies accessory.
b. I or more grave or I or more less grave
felonies 3. When there is a privilege mitigating circumstance in
c. 2 or more less grave felonies. favor of the offender, it will lower the penalty by 1 or 2
degrees than that prescribed by the law depending on what
2. Complex Crime Proper the particular provision of the RPC states.
Requisites:
1. at least 2 offenses are committed 4. When the penalty prescribed for the crime committed is
2. 1 or some of the offenses must be necessary to commit a divisible penalty and there are two or more ordinary
the other mitigating circumstances and no aggravating circumstances
3. both or all the offenses must be punishable under the whatsoever, the penalty next lower in degree shall be the
RPC. one imposed.
 One was used to facilitate the commission of 5. Whenever the provision of the code specifically lower
the crime. the penalty by one or two degrees than what is ordinarily
prescribed for the crime committed.
3. Composite Crime
Are special complex crimes composed of two felonies, DIAGRAM
punishable under a separate article in the RPS. In substance, it
is made up of more than 1 crime but in the eyes of the law is only CONSUM- FRUSTRA- ATTEMPTED
a single indivisible crime. (Robbery with Homicide/Rape) MATED TED
Principals 0 1 2
4. Continued Crime Accomplices 1 2 3
This is a single crime consisting of a series of overt Accessories 2 3 4
acts arising from a single criminal resolution or intent not
susceptible of division.
Test:
There must be singularity of act, singularity of singular THREE FOLD RULE
impulse is not written into the law. So long as the act or acts
complained of resulted in a single criminal impulse it is usually According to the 3 fold rule, the maximum duration of
held to constitute a single offense to be punished with the penalty the convict‘s sentence shall not be more than 3 times the length
corresponding to the most serious crime, imposed on its of time corresponding to the most severe of the penalties
maximum period. The test is not whether one of the two offenses imposed upon him.
is an essential element of the other.
 If only 2 or 3 penalties corresponding to different
Is a Continued crime a continuing crime? If not, what is the crimes committed by the convict are imposed, it is
difference? hardly impossible to apply the 3 fold rule.
A continued crime must be understood in the light of
substantive law, while continuing crime, in the light of procedural  Sentences must be more than 3 and served
law. The term ‗continuing‘ here must be understood in the sense successively, not simultaneously. Immaterial if
similar to that of ‗transitory‘ and is only intended as a factor in sentences are the product of 1 information in court;
determining the proper venue or jurisdiction for that matter of the sentences are promulgated by different courts on
criminal action pursuant to Section 14, Rule 110 of the Rules of different days.
Court. This is so, because ―a person charged with a transitory
offense may be tried in any jurisdiction where the offense is in  The 3-fold rule must be used only when the product of
part committed. the greatest penalty multiplied by 3 is less than the sum
of all the penalties t be imposed.
 For purposes of the rule, indivisible penalties shall be  Crime is debt incurred by the offender as a
given an equivalent duration of 30 years, so that if he consequence of his wrongful act and the penalty
will have to suffer several perpetual disqualification, is but the amount of his debt.
under the rule, you take the most severe and multiply it  Service of sentence does not extinguish the civil
by 3. The rule does not apply to the penalty prescribed liability.
but to the penalty imposed as determined by the court.
3. By amnesty which completely extinguishes the penalty
EXCUTION AND SERVICE OF PENALTY and all its effects
 ―No penalty shall be executed except by virtue of a final AMNESTY, Defined.

judgment‖ It is an act of the sovereign power granting oblivion or a
 The judgment must be final before it can be executed general pardon for a past offense and is rarely, if ever, exercised
because the accused may still appeal within 15 days in the favor of a single individual, and is usually exerted in behalf
from its promulgation. But if the dependant has of certain classes of persons, who are subject to trial but have
expressly waived in writing his right to appeal, the not yet been convicted.
judgment becomes final immediately.
 Amnesty erases not only the conviction but also the
RULES IN SUSPENSION OF THE EXECUTION AND SERVICE crime itself.
OF PENALTIES IN CASE OF INSANITY:  While amnesty wipes out all traces and vestiges of the
crime, it does not extinguish the civil liability of the
1. When a convict becomes insane or imbecile after final offender.
sentence has been pronounced, the execution of said
sentence is suspended only as regards the personal 4. By absolute pardon.
penalty.
2. If he RECOVERS his reason, his sentence shall be PARDON. Defined.
executed, unless the penalty has prescribed. It is an act of grace proceeding from the power entrusted with
3. Even if while serving his sentence, the convict the execution of the laws which exempts the individual on whom
becomes insane or imbecile, Article 79 shall be it is bestowed from the punishment of the law inflicts for the crime
observed. he has committed.
4. But the payment of his civil or pecuniary liabilities shall
not be suspended.  Pardon, whether absolute or conditional, is in the
nature of a deed, for the validity of which delivery
is an indispensable requisite.
AMNESTY AND PARDON DISTINGUISHED.

Title 4 PARDON AMNESTY
EXTINCTION OF CRIMINAL LIABILITY - includes any crime and is - is a blanket of pardon to
exercised individually by the classes of persons on
 There are two (2) classifications when Criminal president communities who may be
Liability are extinguished: guilty of political offenses
a. TOTAL
b. PARTIAL - exercised when the person is - may be exercised even
already convicted before trial or investigation is
CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED AS had
FOLLOWS: - pardon looks forward and - amnesty looks backward and
relieves the offender from the abolishes and puts into
1. By the death of the convict as to personal penalties, and consequences of an offense or oblivion the offense itself.
as to the pecuniary penalties, liability therefore is which he has been convicted,
extinguished only when the death of the offender occurs that is its abolishes or forgives
before final judgment. the punishment
- pardon being a private act of
- amnesty being by
 The death of the convict, whether before or after final the President must be pleaded
proclamation of the chief
judgment, extinguishes criminal liability, because one and proved by the person executive with the concurrence
of the juridical conditions of penalty is that it is pardoned of Congress, is a public act of
PERSONAL. At this instance, his civil liability is also which the courts should take
extinguished. judicial notice
 While the case is on appeal, the offender dies, the case * BOTH DO NOT EXTINGUISH THE CIVIL LIABILITY OF THE
on appeal will be diminished. The offended party may OFFENDER
file a separate civil action under the Civil Code if any
other basis for recovery of civil liability exists as 5. By prescription of the crime.
provided under Art. 1157 of the Civil Code.
 It is the forfeiture or loss of the right of the state to
2. By service of sentence Prosecute the offender after the lapse of a certain
time.
 Prescription of the crime begins, as a general rule
on the day of the crime was committed, unless the
crime was concealed, not public, in which case,

the prescription thereof would only commence  Conditional pardon delivered and accepted is
from the time the offended party or the considered a contract between the sovereign
government learns of the commission of the power of the Executive and the convict that the
crime. former will release the latter upon compliance with
 Prescription of the crime is not waivable. the condition.
The prescription of the suspended when: PRESCRIPTION OF PENALTIES

1. When a complaint is filed in a proper barangay for Death and Reclusion Perpetua 20 years
conciliation or mediation but the suspension of the Afflictive Penalties 15 years
prescriptive period is good only for 60 days, after Correccional Penalties 10 years
which the prescription will resume to run, whether Arresto Mayor 5 years
the conciliation or mediation is terminated or not. Light Penalties 1 year
2. When criminal case is filed in the Fiscal‘s Office,
the prescription of the crime is suspended until the 2. By commutation of the sentence.
accused is convicted or the proceeding is
terminated for a cause not attributable to the
 It is a change of the decision of the Court made by
accused.
the Chief Executive by reducing the degree of the
3. But where the crime is subject to summary
penalty inflicted upon the conflict, or by
Procedure, the Prescription of the crime will be
decreasing the length of the imprisonment or the
suspended only when the information is already
amount of the fine.
filed with the trial court. It is not the filing of the
complaint, but the filing of the information in the
INSTANCES WHERE COMMUTATION IS APPLIED:
trial court which will suspend the prescription.
1. When the convict sentenced to death is over 70 years
 The prescription of penalty, the period will only
of age.
commence to run when the convict has began to
2. When 10 justices of the Supreme Court fail to reach a
serve the sentence.
decision for the affirmance of the death penalty
Prescription of Crimes
Reclusion perpetua or temporal 20 years 3. For good conduct allowances which the culprit may earn
Punishable by afflictive penalties 15 years while he is serving sentence.
Punishable by correctional penalties 10 years
Punishable by Arresto Mayor 5 years
Crime of libel/similar offenses 1 year  This includes the allowance for loyalty under
Oral defamation/slander by deed 6 months Article 98 in relation to Article 158.
Light Offenses 2 months
4. By parole.
 In computing the period for prescription, the first
day is to be excluded and that last day included PAROLE, defined.
 When fine is an alternative penalty higher than the Parole consists in the suspension of the sentence of a convict
other penalty which is imprisonment – the after serving the minimum term of the indeterminate penalty,
prescription is based on the fine without granting a pardon, prescribing the terms upon which the
sentence shall be suspended.
* Whether it is prescription of crime or penalty, if the subject
left the country, and went in a country who the Philippines  The mere commission not conviction by the Court,
has no extradition treaty, the prescriptive period shall of any crime is sufficient to warrant parolees arrest
remain suspended whenever he is out of the country. and reincarnation.
PRESCRIPTION OF PENALTIES
Death and Reclusion Perpetua 20 years
Afflictive Penalties 15 years DISTINCTION BETWEEN CONDITIONAL PARDON AND
Correccional Penalties 10 years PAROLE
Arresto Mayor 5 years CONDITIONAL PARDON PAROLE
Light Penalties 1 year - may be given at anytime after - may be given after the
final judgment prisoner has served the
7. By the marriage of the offended woman. minimum penalty
- granted by the Chief - granted by the Board of
 In cases of rape, seduction, abduction or acts of Executive under the provisions Pardons and Parole under the
lasciviousness. Hence, marriage contracted only of the Administrative Code provision of the Indeterminate
to avoid criminal liability is devoid of legal effects. Sentence Law
- for violation of the conditional - for violation of the terms of
pardon, the convict may be the parole, the convict cannot
CRIMINAL LIABILITY IS EXTINGUISHED AS FOLLOWS: ordered rearrested or be prosecuted under Art. 159.
reincarnated by the Chief He can be rearrested and
1. By conditional pardon. Executive or may be reincarcerated to serve the
prosecuted under Art. 159 of unserved portion of his original there is only civil responsibility, and not criminal
the Code penalty responsibility, and that this finding is the cause of the
acquittal.
5. IN CASES OF INDEPENDENT CIVIL ACTIONS under
Article 31, 32, 33, 34, and 1167 of NCC.
CIVIL LIABILITY OF THE OFFENDER FALLS UNDER THREE

OBLIGATIONS OF THE PERSON GRANTED CONDITIONAL CATEGORIES:
PARDON
1. RESTITUTION AND RESTORATION
1) He must comply strictly with the conditions imposed on the  Restitution or restoration presupposes that the
pardon. offended party was divested of property, and such
property must be returned.
2) Failure to comply with the conditions shall result in the  If the property is in the hands of a third
revocation of the pardon. person/party, the same shall nevertheless be
taken from him and restored to the offended party,
3) He becomes liable under Art. 159. This is the Judicial remedy. even though such third party may be a holder for
value and a buyer in good faith of the property,
except when such third party buys the property
from a public sale where the law protects the
Title 5 buyer.
CIVIL LIABILITY  Restitution is applicable only to crimes against
property.
Article 20, NCC.  The obligation of the offender transcends to his
―Every person who, contrary, to law, willfully or heirs, even if the offender dies, provided he died
negligently causes damage to another, shall indemnify the latter after judgment became final, the heirs shall
for the same. assume the burden of the civil liability, but this is
only to the extent that they inherit property from
Article 1161, NCC the deceased, if they do not inherit, they cannot
―Civil obligations arising from criminal offenses shall be inherit the obligations.
governed by the penal laws, subject to the provisions of Article  The right of the offended party transcends to heirs
2177, and of the pertinent provisions of Chapter 2, Preliminary upon death. The heirs of the offended party step
Title, on Human Relations and Title XVIII of this book, regulating into the shoes of the latter to demand civil liability
damages/ form the offender.
 The basis of civil liability is the obligation of 2. REPARATION

everyone to repair or to make whole the damage
caused to another by reason of his act or  When the stolen property cannot be returned
omission, whether done intentionally or negligently because it was sold to an unknown person, he will
and whether or not punishable by law. be required by the Court if found guilty to pay the
 If the felony committed could not or did not cause actual price of the thing plus its sentimental value.
any damage to another, the offender is not civilly
liable even if he is criminally liable for the felony
committed. 3. INDEMNIFICATION FOR CONSEQUENTIAL DAMAGES
 Extinction of the penal action does not carry with it
extinction of the civil liability, unless the extinction  It is ordinarily the remedy granted to the victims of
proceeds from a declaration in a final judgment crimes against persons
that the fact, from which the civil liability might  Indemnification of consequential damages refers to the
arise did not exist. loss of earnings, loss of profits. This does not refer only
to the consequential damages suffered by the offended
CIVIL LIABILITY MAY EXIST, ALTHOUGH THE ACCUSED IS part, this also includes consequential damages to third
NOT HELD CRIMINALLY LIABLE, IN THE FOLLOWING party who also suffers because of the commission of
CASES: the crime.
1. Acquittal on REASONABLE DOUBT – when the guilt of

the offender has not been proved beyond reasonable SUBSIDIARY LIABILITY
doubt, a civil action for damages for the same act or
omission may be instituted. Requisites:
2. Acquittal from A CAUSE OF NON IMPUTABILITY – the 1. The employer must be engaged in business or in trade
exemption from criminal liability in favor of an imbecile or industry while the accused was his employee.
insane person, etc. 2. At the time the crime was committed the employer-
3. ACQUITTAL IN THE CRIMINAL ACTION FOR employee relationship must be existing between the
NEGLIGENCE does not preclude, the offended party two;
from filing a civil action to recover damages, based on 3. The employee must have been found guilty of the
the new theory that the act is a quasi-delict. crime charged and accordingly held civilly liable; and
4. WHERE THERE IS ONLY CIVIL RESPONSIBILITY – 4. the writ of execution for the satisfaction of the civil
when the Court finds and so states in its judgment that liability was returned unsatisfied because the accused-
employee does not have enough property to pay the

civil liability.
 all the requisites must concur
 there is no need to file a civil action against the
employer in order to enforce the subsidiary civil liability
for the crime committed by his employee, it is enough
that the writ of execution is returned unsatisfied
SUBSIDIARY CIVIL LIABILITY IS IMPOSED IN THE

FOLLOWING:
1. In case of a felony committed under the compulsion of

a irresistible force. The person who employed the
irresistible force is subsidiarily liable.
2. In case of a felony committed under an impulse of an
equal or greater injury. The person who generated
such an impulse is subsidiarily liable.
3. The owners of taverns, inns, hotels, motels, where the
crime is committed within their establishment die to
non-compliance with general police regulations, if the
offender who is primarily liable cannot pay the
proprietor, or owner is subsidiarily liable.
4. Felonies committed by employers, pupils, servants, in
the course of their employment, schooling or household
chores. The employer, master, teacher is subsidiarily
liable civilly, while the offender is primarily liable.
5. In case the accomplice and the principal cannot pay,
the liability of the subsidiary liable is absolute.
Penalties Time included in the Time included in its Time included in its Time included in its
penalty in its entirety minimum period medium period maximum period
Reclusion Temporal From 12 years and 1 From 12 years and 1 From 14 years, 8 From 17 years, 4
day to 20 years day to 14 years and 8 months and 1 day to 17 months and 1 day to 20
months years years
Prision Mayor, From 6 years and 1 day From 6 years and 1 day From 8 years and 1 day From 10 years and 1
absolute to 12 years to 8 years to 10 years day to 12 years
disqualification and
special temporary
disqualification
Prision Correccional, From 6 months and 1 From 6 months and 1 From 2 years, 4 months From 4 years 2 months
suspension and day to 6 years day to 2 years and 4 and 1 day to 4 years and 1 day to 6 years
destierro months and 2 months
Arresto Mayor From 1 month and 1 From 1 month and 1 From 2 months and 1 From 4 months 1 day to
day to 6 months day to 2 months day to 4 months 6 months
Arresto Menor From 1 to 30 days From 1 to 10 days From 11 to 20 days From 21 to 30 days
 Prepared by the CRIMINAL LAW SECTION  Chief ALEC ANTHONY PENA Assistant Chief CRYSTAL VEMIL LAMMAWIN Members LOVILYN
ANIBAN, MATHEW DATI, JOHN LABSKY MAXIMO, JOEL PASIWEN, NOELLE DIZON, YZANNE MERCED, ROSANNE RARANG and
ENGELBERT SORIANO. All Rights Reserved by the SAINT LOUIS UNIVERSITY COLLEGE OF LAW BAR OPERATIONS  2003.

SLU Crim Law Review PDF

Transféré par

Informations du document

Titre original

Copyright

Formats disponibles

Partager ce document

Partager ou intégrer le document

Options de partage

Avez-vous trouvé ce document utile ?

Ce contenu est-il inapproprié ?

Droits d'auteur :

Formats disponibles

SLU Crim Law Review PDF

Transféré par

Droits d'auteur :

Formats disponibles

 CRIMINAL LAW REVIEWER 

1 SAINT LOUIS UNIVERSITY BAR OPERATIONS

1. Penal laws must be general in application. Otherwise,

 Composition of territory: Kinds of Repeal:

REPEAL MALA IN SE AND MALA PROHIBITA

Situations where a foreign may not apply its criminal law

FRENCH RULE---the nationality of the vessel follows the flag

Felony is the proximate cause when:

MISTAKE OF FACT  A person directed the blow at an intended victim but

 It is mitigating, particularly covered by par. 3, Art. 13. 2. Physical Impossibility

 criminal liability is incurred by any person committing a Article 5

IMPOSSIBLE CRIME, defined. Consummated, frustrated, and attempted felonies.

means employed by the offender is inadequate or

- all the elements necessary for its execution and

As a crime Means to commit a crime

 Treason or rebellion need not be actually committed.

The following are correctional penalties; Justifying circumstances.

Article 10 First. Unlawful aggression;

 Mere threatening attitude is not unlawful

Kinds of Unlawful Aggression: Paragraph 2

Periods of human life under the RPC:

1. A person is performing a lawful act. Distinctions

Voluntary Plea of Guilt Classification:

Physical defect must restrict means of action, defense Paragraph 1 and 2

 If the confidence is reposed by another, the

Paragraph 9 and 10 Recidivism Reiteracion

Some crimes where evident premeditation is absorbed:

Craft- intellectual cunning or trickery

 Evident premeditation shall not be Ignominy Cruelty

Paragraphs 18, 19 and 20

Article 15 It is aggravating when the offender used his education

Relationship is Qualifying when:

2. by directly inducing another to commit a crime. Article 19

Who may be considered as a principal by indispensable  One cannot be an accessory unless he

 An accessory is not also liable if the felony committed

- divisible and does that have fixed duration

4. Where the penalty prescribed by law is Arresto Mayor

Special disqualification for the exercise of the right of

CIVIL INTERDICTION, defined. When is it proper?

1. If the subsidiary penalty prescribed for the non

Requisites:  Penalty is 1 degree lower in case of an

 ―No penalty shall be executed except by virtue of a final AMNESTY, Defined.

AMNESTY AND PARDON DISTINGUISHED.

crime was concealed, not public, in which case,

The prescription of the suspended when: PRESCRIPTION OF PENALTIES

CIVIL LIABILITY OF THE OFFENDER FALLS UNDER THREE

 The basis of civil liability is the obligation of 2. REPARATION

1. Acquittal on REASONABLE DOUBT – when the guilt of

employee does not have enough property to pay the

SUBSIDIARY CIVIL LIABILITY IS IMPOSED IN THE

1. In case of a felony committed under the compulsion of

Vous aimerez peut-être aussi