Reviewer

Criminal Law I Reviewer Ina Cojuangco Guingona
CRIMINAL LAW I REVIEWER

Date of Effectiveness and Application of the Provisions of this Code
# Provision Requisites/Elements/Rules Notes/Jurisprudence

Time when act takes effect • Code took effect January 1, 1932
1 • Based on the classical theory: Penalty = Retribution
• Punishment must be proportional
Application of its provisions • Application of the RPC
o Within the Philippine Archipelago
§ Atmosphere
§ Interior Waters
§ Maritime Zone
o Outside of its jurisdiction but including
§ Offenses committed on a Philippine ship or airship
• Can be tried in the Philippines or abroad if committed on
board
§ Forging or counterfeiting of Philippine coin, currency or note
§ Bring in or introduces the forged and counterfeited
§ Public officers or employees that commit an offense in the
exercise of their functions
§ Crimes against national security and the law of nations
• Philippine ship or airship o Exempted
o Must be registered § Anyone or anything provided in treaties or laws of preferential
2 in the MARINA application
(Maritime Industry • Sovereigns/Chiefs of state
Authority) • Ambassadores/ministers/resident or plenipotentiary and
charges d’affaires
• RP-US Visiting Forces Accord
• Bases Agreement
• R.A. 75 – ADDED diplomatic representatives and their
domestic servants
• RTCs have original jurisdiction over all crimes and offenses committed on the high
seas
• Foreign merchant vessel – outside of Philippine jurisdiction
o Except if within the 3 mile limit
• English Rule [what we follow]
o Crimes committed on board merchant vessels while in the territorial
waters of another country are triable in the country UNLESS they merely
affect internal management within the vessel
• Foreign Warships – Philippines has absolutely no jurisdiction
Books: Reyes and Amurao 1

Felonies and Circumstances which Affect Criminal Liability
# Provision Requisites/Elements/Rules Notes/Jurisprudence

• Act – must be overt/external
• Ommission – inaction or non-performance
• Classification
FELONY o Intentional felones [malicious]
1. There must be an act o Culpable felonies [not malicious]
or omission • Imprudence – lack of skill
2. Must be punishable by • Negligence – lack of foresight
the RPC (not special • ALL MUST BE VOLUNTARY
laws)
• No mistake of fact in crimes involving negligence
3. Performed/incurred by
• Intent (general or specific)
means of dolo or culpa
o Replaced by negligence and imprudence in felonies committed by culpa if he acts
DOLO/MALICE
with
1. Freedom
§ Freedom
2. Intelligence
§ Intelligence
3. Intent (as shown by
overt acts and • Mistake in Identity is NOT reckless imprudence
presumed from the • No malice or fault – no criminal liability
omission of an • Actus non facit reum mise mens sit rea
3 Felonies • Special laws/crimes
unlawful act)
MISTAKE OF FACT o Dolo is not required
1. Act done would have o Intent to commit the crime is not necessary
been lawful, had the o The act alone irrespective of its motives constitutes the offense
facts been as the o No defense of good faith and absence
accused believed them • Mala in se – wrongful from their nature/inherently immoral
to be • Mala prohibita – acts made criminal by special laws
2. The intention of the • Intent vs. Motive
accused in performing o Motive — the moving power that impels one to act
the act should be § Motive is not an essential element of a crime
lawful § Motive is essential only when there are missing details as to who the
3. The act/miskate must assailant is
be without fault or § Motive is established by the testimony of witnesses or statements of the
carelessness on the accuse
part of the accused § Not sufficient to support conviction
§ Lack of motive may be an aid to show the innocence of the accused
o Intent – purpose to use a particular means to effect such results
ACT BE DIFFERENT FROM • Responsible for all the consequences which may naturally and logically result from the act
Who incur criminal
4 THAT WHICH HE INTENDED even if foreseen or unintended
liability
1. Intentional felony is • “el que es cause de la causa es causa del mal causado”
committed • Must be a felony commited by dolo

2. Wrong done is direct, • Act be different form that which he intended
natural or logical o Still criminally liable if there is
consequence of the § Mistake in identity (Error in personae)
felony § Mistake in the blow (Aberratio Ictus)
IMPOSSIBLE CRIMES § Greater than that which he intended (Prater intentionem)
1. Act performed would • No felony is committed when
be an offense against o The act is not punishable in the RPC
persons or property o Act is covered under Article 11
2. Act was done with evil • Included is anyone who creates an immediate sense of danger
intent • Proximate cause
3. Accomplishment is o natural continuous sequence unbroken by any intervening causes without which the
inherently impossible result would not have occurred
or means employed o Not when:
are either inadequate § There is an intervening force which is distinct and foreign from the felonious
or ineffectual act
4. The act performed • Not intervening force when:
should not constitute o Victim is weak/diseased
another violation of the o Other causes inherent in the victim
RPC o Nervousness/temperament
o Neglect
o Unskillful medical treatment
§ Resulting injury is due to the intentional act of the victim
o Death is presumed to be the proximate cause when
§ Victim was in normal health
§ Death may be expected from injuries
§ Death ensure within a reasonable amount of time
• Crimes against persons (HARDPIMP)
o Homicide, Abortion, Rape, Duel, Parricide, Infanticide, Murder, Physical Injuries
• Crimes against property (MBRATCUCS)
o Malicious mischief, Brigandage, Robbery, Arson + destruction, Theft, Chattel
mortgage, Usurpation, Culpable insolvency
• Inherent impossibility
o Legal impossibility
o Physical impossibility
NOT PUNISHABLE BY LAW

1. Render the proper
decision
5 Duty of the court 2. Report to the Chief
Executive through the
DOJ, the reasons
which induce the court
to belive that said act

should be made the
subject of penal
legislation
CLEARLY EXCESSIVE
PENALTY
1. A strict enforcement of
the provisions would
result in the imposition
of a clearly excessive
penality taking into
consideration the
degree of malice and
injury caused by the
offense
2. Submit to the chief
executive to the DOJ a
report
3. The execution of the
sentence must not be
suspended
ATTEMPTED • Preparatory and Overt acts

1. Commences directly o Overt act is same physical activity or deed
by overt acts o Example
2. Does not perform all § Murder by posion
the acts of execution • Overt: mixing and victim eating it all together
3. Not stopped by his
• Preparatory: buying the poison
own spontaneous
§ Murder gun
desistance
• Overt: Aiming and shooting with intent to kill at a moral wound
4. Non-performance was
location
due to a cause or
accident • Attempted never passes the subjective phase
6 Stages of felonies • Frustrated
FRUSTRATED
1. Performs all the acts of o Example
execution § Inflicted a mortal wound but the person did not die because of skillful
2. All the acts would medical treatment
produce the felony as o Reasons independent of the will of the perpetrator – usually because of the
a consequence intervention of a third party (External intervention)
3. Felony is not produced o Reaches the objective phase
4. Reasons must be • Determining Attempted, Frustrated or Consummated
causes independent of o Nature of the offense
the will of the o Elements constituting the felony
perpetrator o Manner of committing the felony
CONSUMATED • Material crimes – 3 stages of execution (Consumated, Frustrated, Attempted)

1. All the elements • No crime of:
necessary for its o Frustrated theft
execution and § Unlawful taking – the deprivation of one’s personal property consummates
accomplishment are the crime
present o Frustrated Rape
o Attempted or frustrated impossible crime
• Formal crimes
o Always automatically consummated
o Ex. Slander, false testimony, selling drugs
• Crimes by attempt/proposal
o Ex. Flight to enemy country, corruption of minors
• Felony by omission
o No attempted stage
• Consummated by mere agreement
o Ex. Betting in sports contest, corruption of public officers
• Slight physical injuries

• Theft
ONLY WHEN THEY HAVE • Alteration of boundary marks
Punishing light BEEN CONSUMATED • Malicious mischief
7
felonies EXCEPT: those committed • Intriguing against honor
against persons or property • Penalty
o Arresto Menor and/or
o Fine not exceeding P200
CONSPIRACY
1. two or more persons
come to an agreement
2. Agreement concerns
the commission of a
felony • RPC provides a penalty for mere conspiracy in certain cases
3. Execution of the felony o External and internal security of the state
be decided upon o Ex. Art. 115, 136, 141
Conspiracy and
8 • The act of one is the act of all
Proposal
PROPOSAL • Don’t need direct proof to establish conspiracy – it is not essential, can be inferred
1. The person has • In proposal to commit treason or rebellion, the felony should not actually be committed
decided to commit a • Law does not require that the proposal be accepted by the person who it is proposed to
felony
2. Proposes its execution
to some other person
or persons
9 Grave, less grave, • Grave felonies

Light felonies o The law attaches the capital punishment or penalties which in any of their periods
are afflictive
• Less grave felonies
o The law punishes with penalties which in their maximum period are correctional
• Light felonies
o Penalty of arresto menor or a fine not exceeding 200 pesos or both
• Offenses under special laws are not subject to the provisions of this code
Offenses not subject • This code shall be supplementary to such laws UNLESS the special laws specially provide
10
to the RPC the contrary
• Do not incur any criminal liability

Justifying
11 o EXCEPTION: Par. 4 – civil liability is borne by the persons benefited by the act
Circumstances:
• Unlawful aggression – indispensible requisite
o An actual or imminent threat on one’s life, limb or right
o Must involve an actual physical act/force or use of a weapon – REAL DANGER
o Offensive and positively strong showing intenet to cause an injury
o If in defense of other rights – reasonable necessity needed
o Defense of property – must be all 3 requisites
§ Must be coupled with an attack against the person
o Peril to one’s limb – fist blows
o When considered
§ Slap – attacks dignity/honor of the person
1. Unlawful aggression § Toy gun if believed to be a real gun
2. Reasonable necessity o When not considered
of the means § If they agreed to fight
employed to prevent or § Aggressor flees
Par.
Self-Defense repel it § Threatening or intimidating attitude when not accompanied with outward
1
3. Lack of sufficient and material aggression
provocation on the part • Reasonable Necessity
of the person o Depends on the circumstances of the case (time, place, occasion)
defending himself o If the danger or risk disappears, no more claim of self defense
o When considered
§ If mortal wounds are inflicted at the time requisites are present
o Person defending himself is not expected to control his blow
§ Except: If firing a weapon, some control and aim is expected
o Means employed must be rationally necessary and have a rational equivalence
o Test of reasonableness
§ Nature and quality of the weapon used by the aggressor
§ The physical condition of the person defending himself (character, size, and
other circumstance)
§ Place and occasion of the assault
o Consider if there were other means available to them, or a chance to choose the
less deadly weapon
o Interpret liberally in favor of the law-abiding citizen
• Lack of sufficient provocation
o Considered present when
§ No provocation at all was given to the aggressor
§ Even if provocation was given, it was not sufficient
§ Even if provocation was sufficient, not given by the person defending
himself
§ Provocation is not the proximate and immediate cause
o Should be proportional to the act of aggression
1. Unlawful aggression • Relatives that may be defended:

2. Reasonable necessity o Spouse
of the means o Ascendants
employed to prevent or o Descendants
repel it o Legitimate, natural or adopted brothers and sisters or relatives by affinity in the
Par.
Defense of a Relative 3. In case the provocation same degrees
2
was given by the o Relatives by consanguinity within the fourth civil degree
person attacked, the • Unlawful aggression can depend upon the honest belief of the one making the defense
one making the • #3 merely states an event which may or may not take place
defense had no part • The fact that the defended relative gave any provocation is immaterial
therein
1. Unlawful aggression
2. Reasonable necessity
of the means
employed to prevent or
Par. Defense of a
repel it • Anyone not enumerated in the preceding paragraphs is a stranger
3 Stranger
3. The person defending
be not induced by
revenge, resentment or
other evil motive
1. That the evil sought to

be avoided actually
exists
Causes damage in • * Injury to persons and damage to property
Par. 2. That the injury* feared
order to avoid an evil • If the accused was not avoiding any evil, cannot invoke this defense
4 be greater than that
or injury • There is civil liability
done to avoid it
3. That there be no other
practical or less

harmful means of
preventing it
1. Accused acted in the

performance of a duty • When considered
or in the lawful o If deceased was under the obligation to surrender and attacks, the assault by a
exercise of a right or police office was done in the performance of a duty
office o Shooting an offender who refused to surrender is justified
2. That the injury caused
Fulfillment of a duty • When not considered
or the offense
Par. or in the lawful o Shooting when offender resists arrest
committed by the
5 exercise of a right or • Unlawful aggression does not count as unlawful if it is necessary in the fulfillment of his duty
necessary
office • Owner/lawful possessor of a thing has the right to exclude any person from the enjoyment
consequence of the
due performance of and disposal thereof
duty or the lawful o Therefore if in protecting his property he slightly injures the one trying to get it, he is
exercise of such right justified
or office • Invasion of property doesn’t have to be a real dispossession.
1. That an order be
issued by a superior
2. That such order must
be for some lawful
Par. Obedience to an purpose
• If the order is not for a lawful purpose, the subordinate who obeyed is liable
6 order by a superior 3. That the means used
by the subordinate to
carry out said order is
lawful
Exempting
12 Exempt from criminal liability – there is a crime but no criminal
Circumstances:
An imbecile or insane
person unless the latter
has acting during a lucid
interval • Imbecile- mental development is delayed [between 2-7 years of age]
• Must be a complete deprivation of intelligence – a total deprivation of the freedom of the will
Par.
Imbecility or Insanity When the imebcile or an • Defense must prove insanity – presumption is always sanity
1
insane person has • Must be insane at the time the crime was committed
committed an act which the
law defines a felony, the
court shall order his
confinement in one of the
hospitals or asylums

established for persons

thus afflicted, which he
shall not be permitted to
leave without first obtaining
the permission of the same
court
• The child shall be subject to an intervention program

Par.
Minority 15 years or under (R.A. 9344) • Basis: complete absence of intelligence
2
• The child shall be subject to an intervention program
(R.A. 9344) • Periods of criminal responsibility under R.A. 9344

A child above 15 but below 18 o Absolute irresponsibility – 15 and below
shall be exempt from criminal o Conditional responsibility – 15 + 1 day to 18
liability and subject to o Full responsibility – 18 or over to 70
Par. Minor unless with intervention programs unless o Mitigated Responsibility – 15 yrs. +1 day to 18 years (offender acting with
3 discernment he/she has acted with discernment) and over 70 years
discernment, in which case, • Discernment shown by
such child shall be subject to o The manner in which the crime was committed
the appropriate proceedings in o Conduct of the offender after its commission
accordance with this Act. • Any person alleging the age of the child has the burden of proving the age of such child
1. Person is performing a
lawful act
2. With due care
3. He causes an injury to
Par. • Accident presupposes lack of intention to commit the wrong done
Accident another by mere
4 • Basis: lack of negligence and intent
accident
4. Without fault or
intention of causing it
1. Compulsion is by
means of physical
force
2. That the physical force • Compulsion must be so strong that the accused has no opportunity to escape or defend
Par.
Irresistible Force must be irresistible him/herself
5
3. That the physical force • Basis: Complete absence of freedom
must come from a third
person

ELEMENTS
1. The threat that causes
the feat is of an evil
greater than or at least
equal to that which he
is required to commit
2. That it promises an evil
of such gravity and
imminence that the • Duress must be based on a real, imminent, or reasonable fear for one’s life or limb to be a
ordinary man would valid defense
Par.
Uncontrollable Fear have succumbed to it • Should leave the accused no opportunity for escape
6
REQUISITES • Speculative fear is not a valid defense
1. Existence of an
uncontrollable fear
2. The fear must be real
and imminent
3. The fear of an injury is
greater than or at least
equal to that
committed
ELEMENTS
1. That an act is required
by law to be done
2. That a person fails to
Par. Prevented by a lawful perform such act
• Basis: He/she acts without intent
7 insuperable cause 3. That his failure to
perform such act was
due to some lawful or
insuperable cause
• Where the act committed is a crime but for reasons of public policy and sentiment, there is
ABSOLUTORY
no penalty imposed
CAUSES
• Other absolutory causes besides Articles 11 and 12
• SLAATMIST
o Spontaneous Desistance
o Light Felony
o Accessory is relative of the principal
o Arbitrary detention
o Theft/swindling/malicious mischief against relative
o Marriage of the offender with victim of rape/acts of lasciviousness
o Instigation

o Slight/less serious physical injuries

o Trespassing
• Instigation is an absolutory cause WHEN it is made by public officer or private detectives

Instigation and and exempts from criminal liability
Entrapment • Entrapment is NOT
• Do not entirely free the actor from criminal liability but only serve to reduce the penalty –
does not change the nature of the crime
• Ordinary mitigating:
o Can be offset by aggravating
Mitigating o Impose penalty in minimum period
13
Circumstances: o Art. 13 Par. 1-10
• Privileged mitigating
o Cannot be offset by aggravating
o Lower penalty by 1-2 degrees
o Applies only to particular crimes
• Included:
o Art. 11 par. 1-6
Those mentioned in the
o R.A. 9344
preceding chapter when all the
Par. Incomplete Justifying o Art. 12 par. 4 and 6
requisites necessary to justify
1 or Exempting • For self defense – unlawful aggression must be present because it is an indispensible
or exempt are not attendant
requisite
• Avoidance of a greater evil – mitigating if any of the last two requisites are missing
• Impliedly repealed partially by R.A. 9344 – only over 70

• Criminal liability unless they acted with discernment – then subject to diversion program
Par. • Diversion programs – program that the child in conflict with the law is required to undergo if
Under 18 or over 70
2 found responsible for an offense without resorting to formal court proceedings
• Basis: diminution of intelligence and
• Only when the facts proven show that there is a notable and evident disproportion between
the means employed in its execution and effects
• Cannot invoke for culpable felones
• WIMB – may help prove/show that the accused intended or did not intent the wrong
No intention to committed
Par.
commit so grave a o Weapon used
3
wrong o Injury inflicted
o Manner in which its inflicted
o Body part injured
• Applicable only to offenses resulting in physical injuries or material harm

• Sufficient – adequate to excite a person to commit the wrong

o Must be proportionate to its gravity
• Must originate from the offended party
1. Provocation must be
• Pertains to its presence on the part of the offended party
sufficient
o Unlike self-defense where sufficient provocation pertains to its absence on
Par. 2. That it must originate
Sufficient Provocation the part of the person defending himself
4 from the offended party
3. The provocation be • Provocation must be immediate to the commission of the crime to ensure that there was no
immediate to the act time for him to regain reason and self-control
• Threat must immediately precede the act but should not be offensive and positively strong
or else it will be considered unlawful aggression and a ground for self-defense
• A lapse of time is allowed between the vindication and the commission fot he grave offense
• Can apply to a grave offense committed against the surviving spouse of a deceased relative
– relationship by affinity survives death [Carrungcong v. People]
1. That there be a grave • Lapse of time – as long as influence lasts within reasonable limits and depending on the
offense to the one case and grave offense
committing the felony,
• Provocation vs. Vindication
his spouse,
o Provocation direct to person – vindication to relatives also
ascendants,
o Grave offense need not be present – must be a grave offense
descendants,
o Immediately preceding – proximate, allowing time
legitimate, natural, or
• Vindication concerns the honor of a person
Par. Immediate adopted brothers or
• Grave offense – determining gravity
5 Vindication sisters, or relatives by
o Social standing of a person
affinity within the same
o Place it was made
degees.
o Time it was made
2. Tat the felony is
committed in • Provocation should be proportionate and adequate
vindication of such • Examples:
grave offense. o
• Grave offense must be directed to the accused’s honor and integrity
• vindication of a grave offense is incompatible with passion or obfuscation – cannot
be counted separately and independently
1. That there be an act,

• When not considered
both unlawful and
o Act is committed in the spirit of lawlessness
sufficient to produce
o Act is committed in the spirit of revenge
such a condition of
o If offended acted in exercise of a right or in the fulfillment of a duty
mind
Par. Passion or o If trivial and slight
2. That said act which
6 Obfuscation o If out of reasonable length of time
produced the
o Rape – rapist cannot claim passion or obfuscation
obfuscation was not far
• Basis: loses reason, self-control, diminution of will power
removed from the
• Only when passion or obfuscation arises from lawful sentiments – “legitimate feelings”
commission of the
crime by a • Crime must be provoked prior to unjust or improper acts
considerable length of • Act of the offended party must be unlawful or just

time during which the • Act must be sufficient to produce such a condition of mind
perpetrator might • The act producing the obfuscation must not be far removed from the commission fo the
recover his normal crime
equanimity • Defense has burden of proof
• Must be the result of a sudden impulse of natural and uncontrollable fury
• Offender must act under the impulse of special motives – enough to confuse his reason and
compel him to kill/hurt/harms someone
• Jealousy only passion or obfuscation when married
• Cause producing passion or obfuscation must come from the offended party
• May arise from causes existing because of an honest belief
• In relation to other circumstances
o Sufficient provocation and passion and obfuscation – treat as one
o Cannot have passion with vindication of a grave offense – except when based on
facts and closely connected
o Compatible with lack of intention to commit so grave a wrong
o Incompatible with treachery or evident premeditation
§ Treachery involves conscious consideration
§ Evident premeditation – calm though and reflection
Passion or obfuscation Irresistible force
Mitigating Exempting
Cannot give rise to an irresistible force Requires physical force
in the offender himself
Must arise from lawful sentiments Must come from a third person
Unlawful sentiments/actions
Passion or obfuscation Provocation

Produced by an impulse which may be Comes from injured party
caused by provocation
Offense need not be immediate – Must immediately precede the
influence must last until crime is commission of the crime
committed
BOTH: the loss of reason and self control on the part of the offender
REQUISITES OF
• Surrender must be spontaneous and actual – not just intent – it shows interest of the
VOLUNTARY SURRENDER
accused to surrender unconditionally to the authorities
1. Offender had not been
o Acknowledges guilt [inner impulse]
actually arrested
o Wishes to save them the trouble and expenses for his capture
Par. 2. Offender surrendered
Voluntary Surrender • When not considered
7 himself to a person in
o After warrant is served
authority or to his
o Realized that forces of law were closing in on them
agent
o Reports with no desire to admit to fault
3. That the surrender was
o Pretended he was on his way to surrender upon being cause
voluntary
o Defendant was in fact arrested

• The law does not require that the surrender be prior to the order of arrest
• Himself – his person
• Person in authority or his agents
o Directly vested with jurisdiction
o Public officer with the power to govern and execute the laws (ex. Member of some
court, governmental corporation, board, or commissions, barrio captain)
o Agent – maintenance of public order protection and security of life and property and
any person who comes to the aid of persons in authority
• Voluntary surrender does not mean non-flights
• No distinction as to time and place of surrender
• Must surrender for the crime for which he is being prosecuted
• Surrender through an intermediary can be appreciated
• There is spontaneity even if the surrender surrenders because he is induced by fear of
retaliation from the relative of the offended
• Surrender is not voluntary when forced by circumstances
REQUISITES OF PLEA OF
GUILTY
1. Offender • Plea must be made before the trial begins to the offense charged
spontaneously • When not considered:
confessed his guilt o Plea of guilty on appeal
2. That the confession of o Culpable felonies
guilt was made in open o Crimes punished by special laws
court, that is before the o Conditional plea
Confession of guilt
competent court that is • Must be made prior to the presentation of evidence for the prosecution and in open court
to try the case • Withdrawal of not guilty plea and pleading guilty before the presentation of evidence is still
3. That the confession of mitigating
guilt was made prior to • Death penalty lowered even if after trial had began – favorable
the presentation of • Basis: indicates a moral disposition in the accused, favorable to his reform, lesser perversity
evidence for the of the offender
prosecution
1. Physical defect must

restrict means of
action, defense or
communication with
Par. fellow beings
Physical Defect
8 2. Means to act, defend
himself, communicate
with his fellow being
are limited

• If the offender completely loses his will power it becomes an exempting circumstance
REQUISITES • Only refers to diseases of pathological state that trouble the conscience or will
1. That the illness of the • Ex. Mistaken belief that killing of a witch was for the public good
offender the exercise
• Illness of the nerves of moral faculty
of his will power
Par. • Mild behavior disorder
Illness 2. That such illness
9 • Acute neurosis
should not deprive the
offender of • Feeblemindedness
consciousness of his • Schizoaffective disorder
acts • Basis: diminution of intelligence and intent
• Examples:
o 60 yrs. old with failing sight – 70 yrs. old
o Manifestations of battered wife symptom
o Voluntary restitution – voluntary surrender
o Extreme poverty and necessity similar to incomplete justification
Par. Analogous
• When not considered
10 Circumstances
o Killing the wrong man
o Yielding to arrest without resistance is not voluntary surrender
• Mitigating circumstances which are personal to the offender – moral attributes, private
relations with the offended or any other personal cause
• Mistake in the blow

Circumstances which • Mistake in the identity of the victim
are neither exempting • Entrapment of the accused
nor mitigating • Accused is over 18 years of age
• Performance of a righteous action
• Serves to increase the penalty without exceeding the maximum of the penalty provided by
law for the offense
• Based on greater perversity of the offender manifested in the
o Motivating power itself
o Place of commission
o Means and ways employed
Aggravating o Time
14 o Personal circumstances of the offender or offended party
Circumstances:
• Generic – can apply to all crimes, may be offset by a mitigating circumstance, increases
penalty to maximum period without exceeding macimum
• Specific – only to particular crimes
• Qualifying – change the nature of the crime, cannot be offest
• Inherent – must of necessity accompany the commission of the crime
• Aggravating circumstances which do not have the effect of increasing the penalty
o Constitute a crime specially punishable by law

o Included by the law in defining a crime
o Aggravating circumstance inherent in the crime
1. Offender is a public
officer
• Failure in official duties is tantamount to abusing office
2. He takes advantage of
Par. Taking advantage of • When not considered:
his public position
1 public position o When it is inherent in the offense
3. Uses the influence,
o If accused could have perpetrated the crime without occupying his position
prestige, or
ascendancy of office
1. The public authority is

engage din the
exercise of his
functions
2. That the public
authority is not the • Public authority – a public office who is directly vested with jurisdiction, power to govern and
person against whom execute laws
Contempt or with
Par. the crime is committed • Not considered when:
insult to the public
2 3. The offender knows o Committed in the presences of an agent only
authorities
him to be a public § Agent – any person who, by direct provision of law or by election or
authority appointment is charged with the maintenance of public order
4. His presence has not
prevented the offender
from committing the
criminal act
• Can be considered single or together

• Rank, age, or sex only applies to crimes against persons or honor
• “with insult to or in disregard of” – accused deliberately intended to offen or insult the
rank/age/sex of the offended party
• Rank – high social position or standing as a grade in the armed forces [military, distinction
conferred]
• Age – either older or younger
Par. Rank, age, sex, or
3 dwelling • Sex – female sex
• Rank, age, sex, not considered when:
o Offender acted with passion or obfuscation
o There is a relationship between the offender and victim
o When then condition of being a woman is inherent in the crime [parricide, rape,
abduction, seduction, etc.]
• Dwelling
o A building or structure used exclusively for rest and comfort
o Offended party must not give provocation

§ Given by owner of dwelling
§ Sufficient
§ Immediate to crime
o Not considered when:
§ Both live in the same house
§ Owner gave provocation
§ Merely a visitor
1. Offended party trusted
the offender
[immediate, personal,
• Basis: greater perversity of the offender, as shown by the means and ways employed
special]
• Ungratefulness must be obvious [manifest and clear]
Abuse of 2. Offender abused trust
Par. • Distinguished from betrayal of trust
confidence/obvious by committing the
4 o Trust abused is not that between offender and victim, it is the trust of the person
ungratefulness crime
3. Abuse of confidence who entrusted the victim to the offender
facilitated the o Only applies when the victim could not resists the offender for lack of choice
commission of a crime
• Basis: perversity due to disrespect of the place of the commission of a crime

PUBLIC OFFICIALS OTHER • Unlike Par. 2 – other public officials – outside of their office and should not be offended
Palace, where public THAN THE PRESIDENT
• If in Malacañang or a church, no official or religious function is necessary
authorities are 1. Performance of their
• Mere presence of the chief executive is enough
Par. engaged in the duties
5 discharge of their 2. Must be in their office • There must be intent to commit a crime when offender entered the place
duties, religious 3. He may be the • Electoral precinct during election day is considered a place where public official are
worship offended party engaged in the discharge of their duties
• Not considered in the case of cemeteries – not a place of religious worship
• Basis: perversity of the time and place of the commission of the crime and the means and
ways employed
• Facilitate commission – crime can be perpetrated, unmolested

• Interference can be avoided
1. Facilitate the
• Greater certainty in attaining the ends
commission of the
Par. • Especially sought for
offense
6 o In order to realize the crime with more ease
2. Especially sought for
o Waited for the nighttime
Nighttime 3. Purpose of impunity
o Not sought for – when it was conceived shortly before
4. Took advantage
thereof • Purpose of impunity – means to prevent being recognized
5. Must begin at nighttime o More successful consummation of plan
• Place cannot be illuminated by light
• Not considered when it started in the daytime

1. No reasonable
possibility of the victim
receiving some help • Open sea counts
Uninhabited place 2. Solitude must be • Easy and uninterrupted accomplishment
sought to better attain • Insure concealment of the offense
the criminal purpose
• Abuse of superior strength and use of firearms absorbed

1. More than 3 armed • Inherent in brigandage
By a band malefactors acting • Aggravating in robbery with homicide
together • Only applicable to crimes against persons and property
• Not considered in crimes against chastity
• Basis: perversity based on the time of the commission of a crime

• Serves to punish one who instead of lending aid to the afflicted in the midst of a great
calamity, adds to their suffering
Par. Calamity or
7 Misfortune • Calamity or misfortune:
o Refers to similar situations not enumerated
o Chaotic conditions/situations
1. Armed men or persons

took part in the
• Basis: perversity of the means and ways of committing the crime
commission of the
• Absorbed in employment of a band
crime directly or
• Compared to band – in band, they acted together, in armed men, the offender merely relied
Aid of armed men or indirectly
Par. on their aid
persons who afford 2. Accused availed
8 • Exceptions:
impunity himself of their aid or
relied upon them when o When both the attacking party and the attacked were equally armed
the crime was o Accused as well as those who cooperated with him acted under the same plan and
committed for the same purpose
1. Offender is on trial for • Basis: perversity of the offender as shown by his inclination to crime
a crime • Final judgment is when the:
2. Previously convicted o Period of appeal has lapsed [15 days]
by final judgment of o Sentence has been partially or totally satisfied or served
another crime o The right to appeal has been waived in writing
Par.
Recidivist 3. First and second o Application for probation
9
offense are embraced • Aggravating no matter how many years have lapsed between offenses
in the same title of this • Pardon does not obliterate recidivism but amnesty extinguishes the penalty and its effects
code • Example of same title:
4. Offender is convicted o Robbery and theft
of the new offense o Homicide and physical injuries
• Take this into consideration when fixing the penalty to be imposed
• If accused served the penalty in its medium period, and then is convicted for another
offense of which the penalty is in its maximum period – there is still habituality
• If the punishment is death, and the prior offense was against property only, the court should
1. Accused is on trial for rule in favor of the offender
an offense
•
2. Previously served
Recidivism Habituality/Reiteracion
sentence for another
Final judgment is enough Shall have served sentence
sentence to which the
law attaches an equal Required to be in the same title Must not be embraced in the same title
or greater penalty or Always taken into consideration when Not always an aggravating circumstance
Par. fixing the second penalty
Habituality for two or more to
10 • Forms of repetition
which the law attaches
a lighter penalty that o Recidivism – generic circumstance
that for the new o Reiteracion or habituality – generic circumstance
offense o Multi-recidivism or habitual delinquency
3. Is convicted of the new § Within 10 years from date of release or last conviction of crimes of
offense serious/less physical injuries, robbery, theft, estafa, or falsification is found
guilty of any of the said crimes a third time or oftener
o Quasi-recidivism – before serving a sentence imposed after final judgment shall be
punished with the maximum period for a new felony
1. Two or more principals • Affects:

2. One who gives/offers o The one who offers the prize or reward
the prize/reward o The one committing the crime
directly inducing the • If the prize alleged in the information as a qualifying aggravating circumstance, it shall be
other to commit the considered against ALL the accused, it being an element of the crime
Par. Price, Reward, or
crime • Evidence must show that one offered money for the purpose of inducing the other to commit
11 Promise
3. Another who accepts the crime
the promised and • Inducement must be the primary consideration for the commission of the crime
commits the crime • Not considered when:
because of it o Reward was given after without a prior promise
• When a crime is already qualified by some other circumstance

1. Must be used by the
o (parricide – relationship for example) par. 12 circumstances are GENERIC
offender as means to
• When par. 12 circumstances are used to kill, it qualifies murder
Par. accomplish a criminal
Great Waste or Ruin Par. 12 v. Par. 7 (conflagration, etc.)
12 purpose
Crime is committed by means crime is committed on the occasion of a calamity
2. Intent to use the
of any such acts involving or misfortune
means
great waste or ruin
1. The time the offender
Par. Evident • BASIS: Perversity of the WAYS of committing the crime, the deliberate planning of the act
determined to commit
13 Premeditation before executing it.
the crime
2. An act manifestly • Premeditation is that the execution of the criminal act must be preceeded by cool thought
indicating that the and reflection upon the resolution to carry out the criminal intent during the space of time
culprit has clung to his sufficient to arrive at a calm judgment
determination (must be • Premeditation must be evident
external acts, not a • Conspiracy generally presupposes premediation
mere lapse of time) • Evident premediation and prize or reward can coexist (is absorbed) [but only applicable to
3. A sufficient lapse of the inductor]
time between the • Evident premediation inherent in robbery but may also be aggravating in robbery with
determination and homicide if premediation inducted killing when victim is different than intended premediation
execution, to allow him is not aggravating – but is not necessary to have a specific victim
to reflect upon the
consequences of his
act and to allow his
conscience to
overcome the
resolution of his will
(mere threats or a
grudge does not
constitute
premediation)
• BASIS: Perversity of the means employed, means are characterized by intellectual or mental means
• The use of intellectual trickery or cunning on the part of the accused
o Not attendant where the unlawful sentence could have been perpetrated the same
Craft
without the pretense
• Acts so as to NOT arouse suspicion
Par.
• Insidious words or machinations used to induce the victim to act in a manner which would
14
Fraud enable the offender to carry out his design
• DIRECT INVOLVEMENT
• Resorting to any device to conceal identity
Disguise • Contemplates a superficial but somewhat effective dissembling to avoid identification
• Purpose of disguise must be to conceal identity
• Advantage be taken of:
o To use purposefully excessive force out of proportion to the means or defense
available to the person attacked
o In reference to the age, size and strength of the parties
• To weaken defense:
Par. o To purposefully employ means to materially weaken the victims resisting power
Superior Strength
15 • Superior strength absorbs by a band (par. 6)
• Both circumstances are absorbed in treachery
• No advantage of superior strength when:
1. Offender acts with passion or obfuscation
2. Quarrel arose suddenly
• Different from by a band
By a band v. Superior strength

Takes into consideration the Offender takes advantage of superior
Relative physical might of the victim strength in the commission of the crime
• BASIS: Perversity of means and ways employed in the commission of the crime
• Treachery: methods or forms of attack are employed by the offender to make it impossible
or hard for the offended party to put up any sort of resistance.
• CANNOT BE PRESUMED, there must be clear and convincing evidence
• Intent to kill is not necessary in murder with treachery
• NOT CONSIDERED:
o Victim had time to prepare
o Preceded by warning
o Preceded by heated discussion
• RULES:
1. Applicable only to crimes against persons
2. Not necessary that the means, methods or forms employed in the execution of the
crime ensure its accomplishment (there’s attempted and frustrated)
3. Mode of attack must be consciously adopted
4. When aggression is continuous, treachery must be present at the beginning
5. When assault was not continuous [interruption], it is sufficient that treachery was
1. At the time of the attack,
present at the moment that the fatal blow was given
the victim was not in a
position to defend • CONSIDERED WHEN:
himself o Victim asleep
Par. o Victim being held
Treachery 2. The offender
16 o Killing children
consciously adopted the
particular means, o Victim called, but not warned
methods or forms of o Victim half awake
attack employed by him. o Attacked from behind
o Woman asking for mercy
o Even face to face
• Not considered as to the principal by induction when the inducter was not there and left the
details to the actual killer
• When there is conspiracy – treachery is considered against all
• Treachery absorbs:
o Abuse of superior strength
o Aid of armed men
o By a band
o Age and sex
o Craft, fraud, disguise
o Means to weaken the defense
o Nighttime is inherent in treachery
o Treachery is inherent in murder by poisoning
o Treachery cannot coexist with passion or obfuscation
o Mastermind should have knowledge of the employment of treachery if he is not
present when the crime is committed

• BASIS: perversity of the means employed
• Ignominy: The circumstance pertaining to the moral order which adds disgrace and obloquy
to the material injury caused by the crime
• Applicable to crimes:
o Against chastity
o Less serious physical injuries
Par.
Ignominy o Light or grave coercion
17
o Murder
o Means employed or circumstances brought about must tend to make the effects of
the crime more humiliating or to put the offended party to shame
• No ignominy when acts are performed after the death of the victim; No ignominy when
husband is killed in front of his wife
• Rape is ignominy in robbery with homicide
1. When an entrance is
effected by a way not
• BASIS: Perversity of the means and ways employed to commit the crime
Par. intended for the
Unlawful Entry • Dwelling and unlawful entry are taken separately in murders committed in a dwelling
18 purpose
2. To effect entry and not • Not aggravating in trespass to dwelling
for escape
1. the offender breaks
part of the building as • BASIS: Perversity of the means ad ways employed to commit the crime
a means to commit the • Lawful (pursuant to Revised Rules of Criminal Procedure)
Par.
Forcible Entry crime o Rule 113, Sec. 11 – An officer, to make an arrest after announcing purpose
19
2. is not applicable to o Rule 126, Sec. 7 – If officer is refused admittance to directed search after giving
damage done while notice
escaping
• BASIS: Perversity of the means and ways employed to commit the crime
1. Frequent practice
resorted to by
Aid of Persons under
professional criminals
15
to take advantage of
their irresponsibility
1. Facilitates used by
Par. modern criminals to
20 commit crime, flee and
abscond once the
By means of motor
same is committed
vehicles, airships, or • Not aggravating when vehicle is used for escape or incidentally
2. Must use the vehicle to
other similar means
facilitate the
commission of the
crime without it the
crime could not have
happened
Similar means 1. MOTORIZED vehicles
• BASIS: Perversity of ways employed in committing the crime
1. Injury caused be • CRUELTY:
deliberately increased o When culprit enjoys in making the victim suffer slowly and gradually causing
by causing other wrong unnecessary physical pain in the consummation of the act
Par.
Cruelty 2. The other wrong be o Deliberate prolongation of victim’s physical pain
21
unnecessary for the o Cruelty cannot be presumed (there must be proof that the wrong was caused while
execution of the the victim was alive)
purpose of the offender IGNOMINY v. CRUELTY
Moral suffering physical suffering
Alternative Circumstances
Alternative Basis: The nature and effects of the crime and the other conditions attending its
15
Circumstances: commission
Aggravating:
1. Crimes against
persons
2. Serious physical • The alternative circumstance of relationship shall be taken into consideration
injuries committed when the offended party is the spouse, ascendant, descendant, legitimate,
against child natural or adopted brother or sister, or relative by affinity of the same degree of
(legitimate, the offender.
Mitigating: natural or
• Neither mitigating or aggravating when relationship is an element of the offense
1. Crimes against adopted) or other
(ex. Parricide, adultery, concubinage)
property (RUFA) descendants but
• May differ because of other conditions attending (ex. Killing brother in law who is
2. Less not in excessive
having an affair with the wife
Serious/slight chastisement
• Other relationships: step parents, step children, adopted
Relationship physical injuries 3. Less
when offended serious/slight • Crimes against property (RUFA)
party is of a physical injuries o Robbery
lower degree when offended o Usurpation
3. Trespass to party is of higher o Fradulent Insolvency
dwelling degree o Arson
4. Crimes against • EXEMPTING:
chastity o Theft
5. Homicide or o Estafa
murder o Malicious mischief (if offender and offended party live together)
(regardless of
degree)
6. Rape (Parent-

child)
7. Acts of
lasciviousness
(regardless of
degree)
Mitigating
Aggravating
1. Intoxication is
(to find a stimulant to
not habitual
commit a crime or to
2. Intoxication is • Intoxication
suffocate remorse)
not subsequent o Must be proven by the offender
1. Intoxication is
to the plan to o Must be shown to have affected the mental faculties of the offender
Intoxication habitual
commit a felony o Is assumed to be accidental, non-habitual, unintentional
2. Intoxication is
(blur reason, o Prosecution must prove habituality with satisfactory evidence
intentional
deprive of a • Habitual drunkard – excessive use of intoxicating drinks
subsequent to the
certain degree
plan to commit a
of control)
felony
• Not mitigating when:
Aggravating – high
o Crimes against property
Mitigating – low degree
o Crimes against chastity
degree 1. When used by or
o Treason – love of country should be natural for every citizen
1. Illiteracy is not taken advantage
Instruction/Education o Murder
sufficient of by the offender
o Rape
2. Taken to mean in the commission
• General Rule: Lack of sufficient education is MITIGATING
low intelligence of the crime
• Basis: lack of sufficient intelligence and knowledge to understand the full
significance of one’s acts
Persons Criminally Liable for Felonies
Article Provision Requisites/Elements/Rules Notes/Jurisprudence

Grave and Less grave felonies: • Active subjects of crimes
1. Principals • Division depends on the nature of their participation
2. Accomplices • Light felonies
3. Accessories o Only punishable when they have been consummated
Light felonies o If committed against persons or property, they are punishable,
Who are criminally liable for grave 1. Principals
16 even if attempted or frustrated
and less grave felonies 2. Accomplices o Accessories are not liable even if committed against person or
property
• Only natural persons can be liable
• Not to juridical persons like corporations
o If corporation is at fault its officers are liable if they participate
as
§ Principals by direct participation
§ Principals by induction or cooperation
§ Accomplices in the commission of an act punishable by
law
• Managers are liable even if they did not participate
• Passive subjects – holder of the injured right
• Must have juridical personality to be passive subjects (ex. Corpses or
animals are not considered because they have no juridical personality
therefore they have no rights to be injured)
o EXCEPTION:
§ Defamation (Art. 353) IF the imputation tends to
blacken the memory of one who is dead
Direct Participation • Personally took part – of the scene of the commission of the crime,
1. That they participated in the personally taking part in its execution
criminal resolution (were in • Silence does not make one a conspirator
conspiracy • No formal agreement or previous acquaintance among several persons
2. That they carried out their plan is necessary
and personally took part in its • Must be established by positive and conclusive evidence – common
execution by acts which purpose and united in its execution
directly tended to to the same • Must be established by positive and conclusive evidence
end • If there is no conspiracy – each offender is liable only for his own act
• Conspiracy can exist without evident premeditation
• Conspiracy – the act of one is the act of all, all are liable
o EXCEPT: if the other’s crime is not the object of the conspiracy
or it is not a necessary or logical consequence, in which case,
only that person is liable for that added crime
17 Principals • A person in conspiracy but desists before the commission of the crime
is not criminally liable.
• Parricide – relationship must be present for all the offenders
• Treachery – must all have knowledge of employment of treachery
• No conspiracy to commit an offense through negligence
• Non appearance is deemed desistance
• Must be at the scene of the crime personally taking part
• One serving as guard is included
• If the second requiste is lacking, there is only conspiracy (Which is only
punishable when the law specifically provides a penalty therefor)
Principals by induction • Liable only when the principal by direct participation committed the act
1. That the inducement be made induced
directly with the intention of • Two ways of becoming a principal by induction
procuring the commission of o Forcing another (irresistible force, uncontrollable fear)

the crime o Inducing another (reward or promise, words of command)

2. That such inducement be the • Thoughtless expression without intention to produce result does not
determining cause of the constitute inducement
commission of the crime by the • Words of advice must have actually moved the hands of the principal
material executor by direct participation
• Must be essential to the commission of the crime – indispensable
• Requisites for words of command
o Intention to procure the commission of the crime be present
o One making command must have an ascendancy or influence
over the other
o Words must be so direct, efficacious, powerful to amount to
coercion
o Must be uttered prior to the commission of the crime
o Material executor of the crime has no personal reason to
commit it
• One who planned the crime committed by another is a principal by
inducement
• Employee who wrote false facts by order is not liable for falsification
because he has no knowledge of the falsity
• Principal by inducement and proposal to commit a felony
o BOTH – there is an inducement to commit a crime
o PBI – liable only when a crime is committed
o Proposal – mere proposal can be punished in specific crimes
(treason, rebellion), but for most, person should not actually
commit the crime
• Inducement involves any crime
• If principal by direct participation is acquitted:
o Conspiracy is negated
o Not a ground to acquit the inductor
• Possessor of recently stolen property is a principal
Principals by Indispensable • The act done by the principal by indispensible cooperation should be
Cooperation different than the act done by the principal by direct participation
1. Participation in the criminal • CANNOT be necessary to execution because it would make him a
resolution, either anterior principal by direct participation
conspiracy or unity of criminal
purpose and intention
immediately before the
commission of the crime
charged
2. Cooperation in the commission
of the offense by performing
another act, without which it
would not have been
accomplished
1. That there be community of • No knowledge of the criminal design = not principal or accomplice
design, that is knowing the • The accomplice intends by his acts to commit or take part in the
criminal design of the principal execution of the crime
by direct participation, he • Community of design – common purpose is sufficient and that the
concurs with the latter in his crime actually committed was a natural or probable consequence of the
purpose (told or saw) intended crime
2. That he cooperates in the • When the owner of a gun knew that it would be used to kill a particular
execution of the offense by person, and the principal used it to kill another person, the owner of a
previous or simultaneous acts, gun is not an accomplice as to the killing of another person
with the intention of supplying • Cooperation by accomplice
material or moral aid in the o By previous acts (lending, selling poison knowing criminal
execution of the crime in an intent)
efficacious way o By simultaneous acts (holding someone to allow crime to
3. That there be a relation happen)
between the acts done by the o The cooperation of an accomplice is not due to conspiracy
principal and those attributed o When the acts of the accused are not indispensable in the
to the person charged as killing, they are merely accomplices
18 Accomplices accomplice • The accomplice merely supplies the principal with material or moral aid
without conspiracy with the latter
• Wounds inflicted by an accomplice in crimes against persons should
not have caused the death of the victim
• Being present and giving moral support when a crime is being
committed will make a person responsible only as an accomplice
• Moral aid – advice, encouragement, agreement through external acts
• An accomplice may be liable for a crime different from that which the
principal committed
• Main difference between accomplices and principals is the presence of
acts and their indispensability to the crime committed
o Accomplices DO NO
§ Take part in the commission of the act
§ Force or induce others to commit it
§ Cooperate in the commission of the crime by another
act that which it would not have been accomplished yet
cooperates in the execution of the act by previous and
simultaneous actions
1. By profiting themselves or • Having knowledge: must have knowledge of the commission and
assisting the offender to profit having that knowledge, he took part subsequent to its commission
by the effects of the crime • Mere possession of stolen property does not make the accused an
19 Accessories 2. By concealing or destroying accessory where the thief was already convicted
the body of the crime or the • Suspicion of the commission of the crime is not enough
effects or instruments thereof, • Knowledge of the commission of a crime may be after the acquisition of
in order to prevent its stolen property

discovery • May be established by circumstantial evidence
3. By harboring, concealing, or • Profiting themselves – may be any crime (except: light felonies)
assisting in the escape of the • Accessory must not take the property without the consent of the
principal of the crime provided principal (“knowingly acquired or received”)
the accessory acts with abuse • There should be no conspiracy if assisting the offender
of his public functions or • Mere act of carrying the cadaver is sufficient to make him an accessory
whenever the author of the (“destroying the body of the crime”)
crime is guilty of treason, • Concealing or destroying the effects or instruments of the crime to
parricide, murder, or an prevent the discovery of the crime
attempt to take the life of the • Person who received property knowing it to be stolen is liable
chief executive, or is known to
• REQUISITES: Par. 3 – Public officials
be habitually guilty of some
o That the accessory is a public officer
other crime
o He harbors, conceals or assists in the escape of the principals
o Public officer acts with abuse of his public functions
o The crime committed by the principal is any crime, provided it
is not a light felony
• REQUISITES: Par. 3 – Private persons
o That the accessory is a private person
o That he harbors, conceals, or assists in the escape of the
author of the crime
o The crime committed by the principal is
§ Treason
§ Parricide
§ Murder
§ An attempt against the life of the President
§ That the principal is known to be habitually guilty of
some other crime
• A mayor who refuses to prosecute is an accessory
• Silence does not make one an accessory
• Apprehension and conviction of the principal is not necessary for the
accessory to be held criminally liable
• Accessory can still be convicted even if principal is acquitted
• If accessory and principal are apprehended together, arraignment, trial
and conviction must be the same
• There can be an accessory even after conviction of the principal
• Fencing – penalty starts after prision mayor
• Accessory compared to principal and accomplice
o Accessory does not take direct part or cooperate in or induce
the commission of the crime
o Accessory does not cooperate in the commission of the offense
by acts either prior thereto or simultaneous therewith
o The participation of the accessory in all cases always takes
place after the commission of the crime
With respect to their spouses, • Relationship by affinity survives even after the death of the deceased
ascendants, descendants, • Nephew or niece not included among such relatives
legitimate, natural, and adopted • ONLY accessories under Par. 2 and 3 of Article 19 are exempt if they
brothers and sisters, or relatives by are related to the principals
affinity within the same degrees. • NO liability of a public officer when related to the principal
20 Exempted accessories o Blood or relationship supersedes
EXCEPTION: if they fall under Par.
1 of Article 19
• By profiting themselves
• Assisting the offender to profit
by the effects of the crime
Penalties

21 Penalties that may be imposed No felony shall be punishable by any penalty not prescribed
22 Retroactivity of penal laws Retroactive if they favor the guilty party
Effect of pardon by offended Pardon only extinguishes criminal action, not civil
23
party
Not considered penalties
• Arrest, temporary detention, confinement in the hospital
Measures of prevention or safety
• Confinement of a minor to any institution
24 which are not considered
• Suspension from employment or public office during trial
penalties
• Fines and corrective measures
• Deprivation of rights and civil reparations in penal form
Principal penalties – expressly Principal Penalties:
imposed in the sentence of conviction Capital Punishment
Death (Repealed by R.A. 9346 in 2006) Indivisible
Accessory penalties – deemed Afflictive Penalties: Fine is over 6000
included/inherent Reclusion Perpetua Indivisible
Reclusion Temporal
Classification by subject matter: Perpetual temporary absolute disqualification
25
Classification of penalties 1. Corporal (death) Perpetual or temporary special disqualification Indivisible
26
2. Deprivation of freedom Prision Mayor
(reclusion, prision, arresto) Correctional Penalties: Fine is 200 to 6000
3. Restriction of freedom Prision Correccional
(destierro) Arresto Mayor
4. Deprivation of rights Suspension
(disqualification and Destierro
suspension) Light Penalties: Fine is less than 200

5. Pecuniary (fine) Arresto Menor

Public censure Indivisible
Penalties common to the three preceding clauses:
Fine
Bond to Keep the peace
Accessory Penalties
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Suspension from public office, the right to vote and be voted for, the
profession or calling
Civil interdiction
Indemnification
Forfeiture or confiscation of instruments and proceeds of the offense
Payment of cost
Reclusion Perpetua – 20 years + 1 day to 40 years

Reclusion Temporal – 12 years + 1 day to 20 years
Prision Mayor & Temporary Disqualification - 6 years + 1 day to 12 years
Except when disqualification is an accessory penalty in which
case the duration is that of the principal penalty
Prision correctional, suspension, destierro – 6 months + 1 day to 6 years
27 Duration of Penalties Except when disqualification is an accessory penalty in which
case the duration is that of the principal penalty
Arresto mayor – 1 month + 1 day to 6 months
Arresto menor – 1 day to 30 days
Bond to keep the peace – the period during which the bond shall be
effective is up to the court’s discretion
• Temporary penalty and if the • Person commences once he is actively and constructively
offender is in prison deprived of his liberty
o Computed from the
day of judgment of
conviction is final
• Imprisonment and the
offender is not in prison
28 Computation of penalties
o Computed from the
day the offender is
places at the disposal
of the judicial
authorities for the
enforcement of the
penalty

• Duration of other penalties

Computed only from the day on which
the defendant commences to serve his
sentence
• Credited if the detention prisoner agrees voluntarily and in writing
to abide by the same disciplinary rules imposed (Fully credited)
o Except when: recidivists, habitual, fines (different class),
or failed to surrender voluntarily after being summoned
• If he does not agree, shall be credited with 4/5 of time he has
Crediting preventative undergone preventive imprisonment
29
imprisonment • If preventive imprisonment has lasted equal or more than the
possible maximum imprisonment for the offender (but case is not
yet terminated) he shall be released immediately without prejudice
to the continuation of the trial
• Destierro – released after 30 days of preventive imprisonment
Perpetual or temporary absolute • Effective during lifetime of the convict – perpetual absolute
disqualification for public office • Effective during term of sentence – temporary absolute
• Deprivation of public offices o EXCEPTION:
and employments even if by § Deprivation of public office/employment
election § Loss of all rights to retirement pay
• Deprivation of right to vote or • 34 – Civil interdiction
30-35 Effects of penalties to be elected o Family rights [parental authority, guardianship, marital]
• Disqualification for offices or o Property rights [manage, dispose, conveyance]
public employments and
exercise of rights
• Loss of right to retirement pay
or pension for any office held
• Pardon does not restore right to hold public office

o Unless expressly restored in the terms of the pardon
36 Effects of Pardon • Does not extinguish civil liability
• May only be granted after conviction by final judgment
• Fees and indemnities during course of judicial proceedings

37 Cost • No costs against Republic unless otherwise provided for
ORDER OF PAYMENT Civil

• Follow the order only if the 1. Reparation [property]
property of the offender is not 2. Indemnification [persons]
38 Pecuniary Liabilities
sufficient for the payment of all Pecuniary
3. Fine [to state for disturbance]
4. Costs of proceedings
1. Prision correccional or arresto and • Subsidiary Personal liability if he has no property for the fine of
fine eight pesos per day
a. Confined till satisfied • Not an accessory penaltyy
subsidiary imprisonment
b. 1/3 of sentence but no
more than 1 year
2. Only a fine
a. Subsidiary imprisonment
b. Not more than 6 months if
39 Subsidiary penalty grave or less grave
c. Not more than 15 days for
a light felony
3. Higher than prision correccional –
no subsidiary imprisonment
4. Fixed by with no confinement –
same deprivations of principal
penalty
5. Subsidiary personal liability from
insolvency – no relief from fine
Death (when not executed by reason • Perpetual absolute disqualification
of commutation (commuted to life) or • Civil interdiction – 30 years if not pardoned
pardon)
Reclusion Perpetua and Reclusion • Civil interdiction (life or sentenced)
temporal • Perpetual absolute disqualification unless remitted in the pardon
Prision Mayor • Temporary absolute disqualification

• Perpetual special disqualification unless remitted in the pardon
40 – 44 Prision Correccional • Suspension form public office, profession, or calling

Accessory penalties
• 18 months or less – no • Perpetual special disqualification from suffrage if more than 18
disqualification months unless remitted in the pardon
• Less than 1 year – no
disqualifications except if a
crime against property
Arresto • Suspension of right to hold office

• Suspension of right of suffrage during the term of the sentence
• Every penalty imposed – must forfeit the proceeds of the crime of

instruments or tools used in commission
Confiscation and forfeiture of
45 • Confiscated and forfeited in favor of the government
proceeds and instruments
• Property of a third person not liable, not subject to confiscation
• Property not subject of lawful commerce shall be destroyed
• Additional penalties must be expressly included in judgment of

conviction
• Instruments of the crime belonging to an innocent third person
may be recovered and returned to the person UNLESS
contraband (ex. Drugs confiscated under dangerous drugs act)
• Acquittal – still cannot be returned
Penalty prescribed by law imposed on

principals for consummated felony
46 Penalty for principals except if the law fixes a penalty for
frustrated or attempted
Majority vote (8 members) of SC • Not imposed when

required to impose death o Guilty is below 18 years old
Automatic review within 20 days but o Guilty is more than 70 years old
not earlier than 15 days after o SC vote of 8 members is not obtained – in which case,
Automatic Review of death
47 promulgation of the judgment reclusion perpetua is imposed
penalty
R.A. 9346 prohibited the death penalty
on June 24, 2006
Compound crime • Compound crime - Single act constitutes 2 or more grave or less
REQUISITES: grave felonies
• Only a single act is performed o Light felonies produced by the same act should be treated
by the offender and punished as separate offenses or may be absorbed
• The single act produces by the grave
o 2 or more grave • Complex crime proper - When an offense is a necessary means
felonies for committing the other
o 1 more grave, 1 or • NO COMPLEX WHEN:
more less grave o One of the offenses is penalized by a special law
o 2 or more less grave o One is the direct means to commit a grave offense
felonies o One offense is committed to conceal the other
48 Penalty for complex crimes
Complex crime proper o One single penalty is provided for special complex crimes
REQUISITES: • Plurality of crimes
• That at least 2 offenses are o Successive execution without conviction
committed o Offender is punished for each offense committed
• That one or some of the • Continued crime – NOT A COMPLEX CRIME
offenses must be necessary to o Single crime, series of acts all arising from one criminal
commit the other resolution
• That both or all the offense o Different from a transitory crime
must be punished under the • Regular material plurality compared to continued crime
same statute o Each act constitutes a separate crime v. different acts
only constitute one crime
o Each arises from criminal impulse v. arise from one

criminal resolution
• Committed is higher – intended • NOT APPLICABLE:

felony’s penalty in maximum o When the acts committed by the guilty party constitutes an
• Committed is lower – committed attempt or frustration of another crime
Penalty for crime committed is
49 felony’s penalty in maximum o Apply maximum penalty for the attempt or frustrated crime
different from that intended
• Applies only when:
o Mistake in identity of the victim of the crime
o Penalty for committed and intended is different
50
51
52 Consumated Frustrated Attempted
53 Principals 0 1 2
54 Liability for participation in the Accomplices 1 2 3
55 crime Accessories 2 3 4
56
• Not applicable if law expressly provides a penalty for attempted and frustrated and for accomplices and
57 accessories
Abuse of public functions:

• If guilty of a grave felony -
Additional penalty of absolute
perpetual special
Additional penalties for certain
58 disqualification
accessories
• If guilty of a less grave felony
– absolute temporary
disqualification
• Arresto Mayor or a fine

59 Penalty for impossible crimes ranging from 200 to 500 pesos
• Not applicable if law expressly

provides a penalty for
attempted and frustrated and
60 Exceptions to 50-57
for accomplices and
accessories
1. Single and indivisible – 1 degree lower

a. Penalty next lower in degree
61 Rules for graduating penalties 2. 2 indivisible penalties OR 1 or more indivisible penalties
a. Penalty next lower in degree next following the lesser penalty
3. 1 or 2 indivisible penalties and maximum period of another divisible penalties
a. Penalty next lower – medium and minimum of proper divisible and maximum period of next
following
4. Several period with different divisible penalties
a. Penalty next lower
b. Period immediately following the minimum prescribed and the two next following (if possible from
the penalty prescribed, if not, from next)
5. Not specially provided for (others) – proceed by analogy
1. Aggravating – increase but without Not taken into consideration to increase the penalty when:
exceeding the maximum 1. Aggravating circumstance in themselves constitute a crime
2. Mitigating – diminishes the penalty a. Are included by law in defining the crime
3. Habitual Delinquency – increase 2. Aggravating circumstances are inherent in the crime
penalty and impose extra Maximum penalty when:
rd
a. 3 conviction – prision 1. Advantage was taken of public position
correccional [medium and 2. Person belongs to an organized/syndicated crime group
maximum] Paragraph 3 – See Article 15
th
b. 4 conviction – prision • Material execution and means to accomplish aggravate the liability
mayor [minimum and only if they had knowledge of them at the time of
Effects of Modifying medium] execution/cooperation
th
62 circumstances and habitual c. 5 or additional – • Habitual delinquency – within a period of 10 years from date of last
rd
delinquency reculsion temporal release or last conviction is found guilty a 3 time or oftener
[minimum] • Specific crimes in habitual delinquency
o Serious or less serious physical injuries
o Robbery
o Theft
o Estafa
o Falsification
• Total penalties cannot exceed 30 years
• Subsequent crime must be committed after the conviction of the
former
Two indivisible felonies:

1. One aggravating – greater penalty
2. Neither mitigating or aggravating – lesser penalty
3. Mitigating with no aggravating – lesser penalty
Application of indivisible 4. Both mitigating and aggravating – offset each other
63
penalties
• Applied regardless of any mitigating and aggravating circumstances
• Applies only when the penalty prescribed is either one or two indivisible

1. No aggravating and no mitigating – medium period

2. Only a mitigating – minimum period
3. Only an aggravating – maximum period
4. Aggravating and mitigating – offset those of one class (according to relative weight) against the other
5. Two or more mitigating only – penalty next lower in the period applicable according to the number & nature
64 Application of divisible penalties 6. No penalty greater than the maximum prescribed shall be imposed no matter how many aggravating
circumstances are present
7. Court can determine the extent of the penalty within the limits of each period (according to number and
nature) of the aggravating and mitigating circumstances and the greater or lesser extent of the evil
produced by the crime
Maximum – minimum/3 = X • Ex. Penalty imposed is prision correccional in its medium and
• Minimum + X = max of minimum maximum periods
• Max of minimum + 1 day = min of • Must divide into 3 equal parts
medium •
• Min of medium + x = max of
Rules when the penalty is not
65 medium
composed of three periods
• Max of medium +1 day = min of
maximum
• Min of maximum + x = max of
minimum
CONSIDER: • Can fix, within the limits established by law

1. Mitigating and aggravating • Not more than prescribed (even less)
66 Imposition of fines circumstance
2. Wealth or means of the culprit
• Grave felony
o Arresto mayor in its
maximum period to prision
correccional in its
Penalty for incomplete Art. 12
67 minimum period
Par. 4
• Less grave felony
o Arresto mayor in its
minimum and medium
R.A. 9344 • If programs do not work on the child in conflict with the law
• 9 – 15: exempt from criminal o Penalty imposed is penalty next lower than that
liability prescribed
68 Penalty for child under 18 • 15 – 18: exempt if without
discernment – in which case
he shall be subjected to a
diversion program
• Penalty lower by one or two • Unlawful aggression in self defense (11 – 1, 2, 3) is indispensible
Penalty for incomplete justifying degrees (court has the • Court must consider the number and nature
69
or exempting discretion)
BY SEVERITY • 2 or more – shall serve them simultaneously if possible

1. Death • Maximum shall not be more than “threefold” the time of the most
2. Reclusion perpetua severe
3. Reclusion temporal o Should not exceed 40 years
4. Prision mayor • Only destierro cannot be served simultaneously with
5. Prision correccional imprisonment
6. Arresto mayor • Three-fold rule only applies when the convict has to serve at least
7. Arresto menor four sentence
8. Destierro o If the sum total of all the penalties does not exceed the
9. Perpetual Absolute most severe, the three fold rule does not apply
disqualification • If indeterminate – basis of the three fold rule is the manimum term
Scale for successive service of 10. Temporary Absolue
70 • Material accumulation system
sentences Disqualification o Absolute accumulation
11. Suspension from public office, o No limitation even if it reached beyond span of life
vote, profession, or calling o 1, 2, 3
12. Public censure • Juridical accumulation system
o Service is simultaneous
o Three fold and 40 year limits
o 4, 5, 6
• Absorption system:
o Imposition of the penalty in complex, continuous and
special crimes
Scale 1
1. Death SCALES COMPARED
2. Reclusion Perpetua
3. Reclusion Temporal Article 25 Article 70 Article 71
4. Prision Mayor Classified by principal Classified by severity When graduating
5. Prision Correccional and accessory penalties by degrees
6. Arresto Mayor Subdivided into Destierro is placed Scale 1 – personal
7. Destierro Capital, Afflictive, under arresto menor penalties
71 Graduated scale of penalties
8. Arresto Menor Correctional, and Scale 2 – deprivation
9. Public Censure Light of political rights
10. Fine Destierro being a
Scale 2 correctional penalty is
1. Perpetual absolute placed above arresto
disqualification menor
2. Temporary absolute
disqualification
3. Suspension from public office,

the right to vote and be voted
for, and the right to follow a
profession or calling
4. Public censure
5. Fine
Preference in payment of civil • Order of payment of civil liabilities is based on the date and time of final judgment
72
liabilities
• Accessory penalties are deemed imposed
73 Imposition of accessory penalties • Subsidiary imprisonment is not an accessory penalty
Penalty higher than reclusion • Death cannot be the penalty next higher in degree if not provided by law
74 perpetua when not specifically
designated
• When increasing or reducing the penalty of fine
o Increased or reduced for each degree by ¼ of the maximum without changing the minimum but can
Increasing or reducing a fine by
75 be higher than the maximum
one or more degrees
• If minimum is not fixed by law, determination is left to the discretion of the courts
Considered as divided into 3 parts

• Minimum Penalty From Up to
• Medium Death
• Maximum Reclusion Perpetua 20 yrs. 1 day 40 yrs
Max. 17 yrs 4 mos 1 day 20 yrs
Division of arresto mayor into 3 equal Reclusion Temporal Med, 14 yrs 8 mos 1 day 17 yrs 4 mos
periods does not follow the rule Min. 12 yrs 1 day 14 yrs 8 mos
Max. 10 yrs 1 day 12 yrs
Prision Mayor Med. 8 yrs 1 day 10 yrs
Min. 6 yrs 1 day 8 yrs
Legal period of duration of Max. 4 yrs 2 mos 1 day 6 yrs
76
divisible penalties Prision Correccional Med. 2 yrs 4 mos 1 day 4 yrs 2 mos
Min. 6 mos 1 day 2 yrs 4 mos
Max. 4 mos 1 day 6 mos
Arresto Mayor Med 2 mos 1 day 4 mos
NOT 3 EQUAL PERIODS
Min. 1 mos 1 day 2 mos
Destierro
Max. 21 days 30 days
Arresto Menor
Med. 11 days 20 days
Min. 1 day 10 days

• Lightest serves as minimum • For cases in which it is not specially provided for, periods should
Complex crime with three distinct • Next medium be distributed, applying analogy
77
penalties • Most serve – maximum
• Only penalty by final judgment can be executed

78 Execution of penalties • Shall not be executed in any other form than prescribed by law
1. Convict becomes insane after final sentence – execution of sentence is SUSPENDED (only personal
penalty)
Suspension of execution and 2. Recovers his reason – sentence shall be executed unless the penalty has prescribed
79
service in case of insanity 3. Provisions still observed if it happens while serving his sentence
4. Payment of civil or pecuniary liabilities is not suspended
• Under 15 – exempt • No detention pending trial

Suspension of sentence of minor • 15 to 18 only exempt if without • Automatic suspension of sentence
80
delinquents discernment
• Suspended if/when • By lethal injection

o Woman while pregnant • Not earlier than 1 year, no later than 18 months
o Woman within 1 year after • Convict may make a will
delivery • Notified at sunrise on day of
o Person over 70 – impose • Article 47 – cases where the death penalty cannot be imposed
Death penalty
BASICALLY NO EFFECT
reclusion perpetua • Penitentiary or Biliibid
81 – 85 o Insane after final sentence
REPEALED BY R.A. 9346 ON JUNE 24, • Priests, lawyers, relatives (6), physician and penal personnel are
2006 is pronounced allowed to witness the execution
• Minor under 18 cannot witness an execution
• Corpse for scientific research if unclaimed
• Burial must be without pomp
Places established by the Admin Code

86 Where penalties may be served
• Not be permitted to enter place/s designated
• Not more than 250 km. Not less than 25 km
• Imposed when:
87 Destierro o Death or serious physical injuries is caused or are inflicted under exceptional circumstances
o When a person fails to give a bond for good behavior
o Penalty for the concubine in the crime of concubinage
o When after lowering the penalty by degrees, destierro is proper
Where Arresto Menor shall be • Served in municipal jail or in the house under surveillance if court provides it in its decision
88
served

Extinction of Criminal Liability

• Where action for recovery of damages must be filed, when civil
liability survives
• Right of offended party to file separate civil action not lost by
prescription when accused dies pending appeal
•
1. Death of the convict AMNESTY PARDON
a. ONLY Blanket pardon for political Includes any crime
i. Personal penalties offenses
ii. Pecuniary penalties
May be exercised before When person is already
b. BEFORE final judgment
trial or investigation starts
convicted
2. Service of the sentence
Looks backward, Looks forward, relieves the
3. Amnesty (entire penalty and all effects)
Extinguishment of civil overlooks and obliterates offender from the
89 4. Absolute Pardon
liability the offense consequences of an
5. Prescription of the crime
offense, abolishes,
6. Prescription of the penalty
forgives
7. Marriage of the offended party
Proclamation (public act) Private act of the
a. Article 344
of the Chief Executive with President – must be
i. Crimes of rape, seduction,
concurrence of Congress pleaded and proven by the
abduction, acts of
person seeking pardon
lasciviousness
BOTH DO NOT EXTINGUISH CIVIL LIABILITY
• Forfeiture or loss of the right of the state to… IN

Prescription of Crime Prescription of Penalty
Prosecute Execute the final sentence
1. Death, reclusion perpetua, reclusion
temporal – 20 years • If compound, the use highest penalty as reference
2. Other afflictive penalties – 15 years
• Arresto mayor is correctional, but it has a different prescription
3. Correctional penalty – 10 years
period
4. Arresto Mayor – 5 years
90 Prescription of crime • Not applicable to cases already filed by June 18, 1966
5. LIberl or others similar – 1 year
6. Oral defamation, slander by deed – 6 • Prescription interrupted when proceedings are instituted
months • Does not divest the court of jurisdiction, it is a ground for acquittal
7. Light offenses – 2 months
1. Runs from the day the crime is discovered

by the offended party, authorities or their
91 Computation of prescription agents • Prescriptive period of a continuing crime never runs
2. Interrupted by the filing of complaint or
information

3. Runs again when proceedings terminate

without judgment or are unjustifiably
stopped
4. Shall not run when offender is absent from
the Philippines
1. Death and reclusion perpetua – 20 years

2. Other afflictive penalties – 15 years
• Must be imposed by final sentence
3. Correctional penalties – 10 years
92 How penalties prescribe • Commences from the day the culprit should evade service of
4. Arresto Mayor – 5 years
sentence
5. Light penalties – 1 year
Interrupted if:
1. Gives himself up
2. Is captured
3. Goes to a foreign country without which the
93 Computation of prescription
Philippines has signed an extradition treaty
4. Commits another crime before the expiration
of the prescriptive period
1. Conditional Pardon
2. Commutation of the sentence
Partial extinction of criminal 3. For good conduct allowances
94
liability 4. Parole
5. Probation
Obligation from conditional

95 Shall incur obligation of complying strictly with conditions imposed
pardon
96 Commutation of sentence Commutation – substitutes the latter altered penalty for the former
1. First 2 years – 5 days for each month
rd th
2. 3 to 5 year – 8 days for each month
3. Following to 10 years – 10 days for each
97 Allowance for good conduct month
th
4. 11 and successive – 15 days for each
month
1. Gives himself up within 48 hours after the

proclamation by the pResident announcing
the passing away of the calamity or
98 Special time for loyalty
catastrophe
2. Deducted 1/5 of the original sentence
99 Who grants time allowances • Director of prisons shall grant allowances for good conduct

• Once granted cannot be revoked
Civil Liability

• Every person criminally liable for a felony is also civilly liable
• Damages may be recovered
o Property – based on the price and sentimental value
o Persons – for treatment, salary & wages unearned
o Moral Damages
100 Civil liability of criminally liable
o Exemplary damages
• If there is no damage caused – no civil liability (ex. Slap)
• Civil liability may exist even if the accused is not held criminally liable
• Judgment in the civil case already promulgated cannot be suspended
by the filing of criminal action
• Article 12 (Par. 1, 2 and 3)
o Devolves on a person in charge of them unless there is no fault
or negligence
• Article 11 (Par. 4)
o Person for whose benefit the harm has been prevented
o Liable in proportion to the benefit which they may have
Rules regarding civil liability in received
101
certain cases • Article 12 (Par. 5, and 6)
o Those using violence or causing the fear
• No civil liability in
o Article 12 par. 4
o Article 12 par. 7
o Justifying circumstances except Par. 4
Par. 1:
1. ITP or his employee committed
a violation of a municipal
ordinance or some general por
special police regulation
Subsidiary liability in
2. That a crime is committed in
102 establishments (Innkeepers,
such inn, tavern, or
tavernkeepers, proprietors [ITP])
establishment
3. That the person criminally
liable is insolvent

Par 2:
1. Guests notified in advance the
innkeeper of the deposit of
their goods within the inn or
house
2. The guests followed the
directions with respect to care
of and vigilance over such
goods
3. Such goods of the guests
lodging therein were taken by
robbery with force upon things
or theft committed in the inn or
house
1. Employer, teacher, person, or

corporation is engaged in any
kind of industry
2. Any of their servants, pupils,
workmen, apprentices or • Not litigated in connection with the criminal prosecution of the
Subsidiary liability of other employees commits a felony employee, pupil, etc.
103
persons while in the discharge of his • Employer has the right to take part in the defense of his employee
duties • Employer is liable for the full amount against employee
3. The said employee is insolvent
and has not satisfied his civil
liability
1. Restitution (restore real

• Civil Liabilities compared to Pecuniary Liabilities
property occupied)
o BOTH include the reparation and indemnification
2. Reparation of damage caused
104 Included in civil liability o Pecuniary liabilities do not include restitution – civil does
3. Indemnification for
o Pecuniary liabilities include fine and costs of the proceedings –
consequential damages
civil do not
• Must be made whenever possible with allowance for any deterioration
or diminution of value
• The thing itself should be restored even if its from a third person who
acquired it by lawful means
Owner of the property illegally
• If anyone obtains any property though a public sale and in good faith,
105 Restitution taken by the offender can recover
original owner cannot obtain its return without reimbursing the price
it from whoever has it
paid therefor
• Cannot be ordered before final judgment
• When a crime is not against property, general rule is that no restitution
or reparation can be made

• Will be ordered if restitution is not possible

• Includes repair of material damage caused
• Civil damages are limited to those caused by and flowing from the
106 Reparation commission of the crime
• Payment by the insurance company does not relieve the offender of his
obligation to repair the damage caused
• Damages caused the injured party and those suffered by his family or
by a third person by reason of the crime
• Usually/ordinarily the remedy granted to the victims of crimes against
persons
• Examples
o Treatment of wounds, Doctors fees
o Death of family members
• Contributory negligence on the part of the offender reduces the civil
liability of the offender
• Civil indemnity for murder and homicide – P75,000
• Automatically awarded in rape
• Documentary evidence should be presented to substantiate a claim for
loss of earning capacity
• Temperate damages – recovered if there is some pecuniary loss
o May be awarded if income of victim is not sufficiently proven
Indemnity for lost earnings • Moral damages may be recovered in the following analogous cases
o Criminal offense resulting in physical injuries
• Net earning capacity = (life
107 Indemnification o Seduction, abduction, rape or other lascivious acts
expectancy) x (gross
o Adultery or concubinage
annual income – living
o Illegal or arbitrary detention or arrest
expenses)
o Illegal search
o Libel, slander, or any other form of defamation
o Malicious prosecution
• Exemplary damages – example or correction for the public good
o May be given when one or more aggravating circumstances
are present
o Cannot be recovered as a matter of right – must be proved that
the plaintiff suffered and is thereby entitled before the court
may consider the institution of damages
o May be awarded where the circumstances of the case show
the highly reprehensible or outrageous conduct of the offender
• Actual damages must be proved
• Civil – actual or compensatory
• Moral – moral, exemplary, corrective
• Moral and exemplary damages do not require proof of pecuniary loss
• Interest may be added to the damages awarded
• Claim for moral damages does not determine jurisdiction of courts
• Devolves upon the heirs of the person liable

• Action to demand descends to the heirs of the injured party
• Heirs have no obligation if restoration is not possible and if the
deceased left no property
Obligation to make and demand • Under this article, civil liability is possible only when the offender dies
108
civil liability after final judgment
• Indemnity not possible in acquittal of criminal proceeding but heirs can
still enforce civil responsibility of accused in their favor in a criminal
action
• Up to the court’s discretion

• Should be apportioned according the degree of their liability, respective
109 Share of each person civilly liable
responsibilities, and actual participation
• Liable severally (in solidum) among themselves for their quotas and
subsidiarily liable for those of the other persons liable
• Subsidiary liability
o Against property of the principals
o Next accomplices
Liability of participants in the
110 o Accessories lost
felony
• Liability in solidum
o The person by whom payment has been made shall have a
right of action against the others for the amount of their
respective shares
• Only person who has participated gratuitously in the proceeds

• Amount equivalent to extent of participation
• No criminal liability for person who participated gratuitously
• Must not be an accessory because that would make him criminally
liable
• Participated gratuitously
Obligation to make restitution in o Innocent person who has participated in the proceeds of a
111 felony through the liberality of the offender
certain cases
o Should not have paid for the stolen property which he received
from the offender
• Fortune of the innocent person must be augmented by his participation
in the proceeds of the crime
o Ex. If he ate stolen property, no restitution, because his fortune
was not enhanced thereby

1. Payment or performance
112 Extinction of civil liability 2. Loss of the thing due
3. Condonation or remission
113 Obligation to satisfy civil liability
Special Laws
LAW RULES AND NOTES EXAMPLES

• Concept: defendant after conviction and sentence is released subject to conditions imposed
by the court and to the supervision of a probation officer
• NOT AN ABSOLUTE RIGHT – mere privilege which is up to the discretion of the trial court
and it may be revoked
• Purpose:
o Promote correction and rehabilitation of an offender by providing him with
individualized treatment
o Provide an opportunity for the reformation of a penitent offender which might be
less probable if her were to serve a prison sentence
o Prevent the commission of an offense
• Applies to ALL offenders except those entitled to benefits under PD 603 and other similar
laws
• May be granted even if the sentence is fine only BUT with subsidiary imprisonment in case
of insolvency
• Filed by the defendant with the trial court within the appeal period
• No application for probation shall be granted if the defendant has already perfected an
appeal form the judgment of conviction
Probation Law
• Filing = waiver of right to appeal
• Order granting or denying probation shall not be appealable
• Accessory penalties are suspended once probation is granted
• Civil liability is not affected by the suspension of the sentence
• Convict is not immediately placed on probation
• Shall be a prior investigation by the probation officer and a determination by the court
• Court shall consider
o All information relative to the character, antecedents, environment, mental, and
physical condition of the offender
o Available institutional and community resources
• Probation shall be denied when:
o The offender is in need of correctional treatment which can be provided effectively
by his commitment to an institution
o There is undue risk of committing another crime
o Probation will depreciate the seriousness of the offense committed
o The offender is disqualified
§ Sentenced to serve a maximum term of imprisonment of more than 6 years
§ Convicted of subversion, crimes against national security or public order

§ Habitual delinquent
§ Once placed on probation
§ Who appealed except minor offenders
§ Convicted of drug trafficking or drug pushing
§ Election offense under the Omnibus Election Code
• Mandatory or general probation – violation cancels probation
o Probationer must present himself to his probation officer at such place as may be
specified within 72 hours from receipt of order
o Must report to the probation officer at least once a month
• Discretionary or special probation
o Additional conditions
o Courts may additionally impose for his correction and rehabilitation outside of
prison
• Period of probation
o Imprisonment for not more than 1 year – not more than 2 years
o More than 1 year – not exceed 6 years
o Fine only + subsidiary imprisonment – twice the total number of days of subsidiary
imprisonment
• Arrest of Persons on Probation and Subsequent Disposition
o Warrant of arrest may be issued at any time for
§ Any serious violation of the conditions of probation
§ Upon commission of another offense
o Violation is established – courts may
§ Revoke his probation – in which case the probationer shall serve the
sentence originally imposed
§ Continue his probation and modify the conditions
• Termination if the court finds that the probation has fulfilled the terms and conditions of his
probation
o Effects
§ Case is deemed terminated
§ Restoration of all civil rights lost or suspended
§ Fully discharges liability for any fin imposed
o MUST be by an order issued by the court – termination of period is not enough
• Concept: It is a sentence with a minimum term and a maximum term which, the court is • Reclusion temporal for homicide
mandated to impose for the benefit of a guilty person who is not disqualified therefore when o No mitigating or aggravating
the maximum imprisonment exceeds 1 year. § Maximum – reclusion
Indeterminate • It applies to both violations of the RPC and special laws temporal medium
Sentence Law • Purpose: To uplift and redeem valuable human material and prevent unnecessary and § Minimum – range of
excessive deprivation of personal liberty and economic usefulness prision mayor
• RPC o One ordinary mitigating
o Maximum Term § Maximum – reclusion

§ That which could be properly imposed under the RPC, considering the temporal minimum
aggravating and mitigating circumstances § Minimum – range of
o Minimum Term prision mayor
§ Within the range of the penalty one degree lower than that prescribed by o One aggravating
the RPC, without considering the circumstances § Maximum – reculsion
o If there is a privileged mitigating circumstance (the penalty has to be lowered by temporal maximum
one degree) § Minimum – range of
§ The starting point for determining the minimum term of the indeterminate prision mayor
penalty is the penalty next lower than that prescribed by the Code for that • Illegal possession of firearms – 1 year + 1
offense day to 5 years
• Special Penal Laws o Maximum – not exceed 5 years
o Maximum Term o Minimum – not be less than 1
§ Must not exceed the maximum term fixed by said law year + 1 day
o Minimum Term
§ Must not be less than the prescribed minimum fixed by said law
o Penalty is anything within the inclusive range of the prescribed penalty
o Courts are given discretion in the imposition of the indeterminate penalty.
o The aggravating and mitigating circumstances are not considered unless the
special law adopts the same terminology for penalties as those used in the RPC
• Court shall sentence the accused to an indeterminate sentence which has a maximum and
a minimum term based on the penalty ACTUALLY IMPOSED
• ISL application is MANDAOTRY where imprisonment would excee 1 year
o ONLY when it would be favorable to the accused
• Modifying circumstances are considered only in the imposition of the maximum term of the
indeterminate sentence – NOT THE MINIMUM
• Benefit of ISL is not applicable when
o Maximum term of imprisonment actually imposed does not exceed 1 year
o Sentenced to the penalty of destierro or suspension only
o Sentence to the death penalty, reclusion perpetua or life imprisonment
o Convicted of privacy
o Granted with conditional pardon by the president but violated the terms thereof
o Convicted of treason, or conspiracy or proposal to commit treason
o Habitual delinquent
o Escaped from confinement as a prisoner or evaded sentence
o Convicted misprision of treason, espionage, rebellion, or sedition
• A recidivist for the first time may be given the benefits of ISL
• Release of the prisoner on parole
o The Board of Pardons and Parole may authorize the release of a prisoner on
parole after he shall have served the minimum penalty imposed on him if
§ Such prisoner is fitted by his training for release
§ There is reasonable probability that he will live and remain at liberty without
violating the law
§ Such release will not be incompatible with the welfare of society

• Entitlement to final release and discharge

o If during the period of surveillance, such paroled prisoner shall:
§ Show himself to be a law-abiding citizen
§ Shall not violate any law
o The board may issue a final certification in his favor for his final release and
discharged
• Sanction for violation of conditions of the parole
o The board may issue and order for his arrest
o The prisoner shall serve the remaining unexpired portion of the maximum sentence
for which he was originally committed to prison
• Reasons for fixing the maximum and minimum terms in the Indeterminate Sentence
o Served the minimum – he is fit for release on parole, upon terms and conditions
prescribed by the board
o IF the paroled prisoner violates any of the conditions of his parole during the period
of surveillance, he may be rearrested to serve the remaining unexpired portion of
the MAXIMUM sentence
o Even if a prisoner has already served the MINIMUM, but he is not fitted for release
on the parole, he shall continue to serve until the END of the MAXIMUM term
• Section 4
o (c) – child at risk is a person under 18 years
o (d) – child at risk – child who is vulnerable to and at the risk of committing
criminal offense because of personal, family, and social circumstances
§ sexual, physical, psychological, mental, economic abuse and parents
or guardian refuse to provide protection
§ sexual or economic exploitation
§ abandoned or neglected and parent or guardian cannot be found
§ dysfunctional or broken family or without a parent or guardian
§ out of school
RA 9344: § streetchild
Juvenile § member of a gang
Justice and § living in a community with a high level of criminality or drug abuse
Welfare Act § situations of armed conflict
o (e) – Conflict with the law – child who is alleged as, accused of, or adjudged as,
having committed and offense under Philippine laws
o (j) – diversion program – required to undergo after he or she is found
responsible for an offense without resorting to formal court proceedings
o (l) – intervention – activities which are designed to address issues that caused
the child to commit an offense and to enhance his or her psychological,
emotional and psycho-social well-being.
§ Ex. Counseling, skills training, education,
• Section 6 – minimum age of criminal responsibility
o child 15 years or under exempt and subject to intervention program

o 15 – 18 exempt and subject to intervention program unless he acted with

discernment
o Still has civil liability
• Section 7 – age determined by birth certificate, baptismal certificate other documents,
testimonies of other persons, physical appearance
o Any doubt must be resolved in favor of the child
• Diversion
o Section 23
o Section 24
o Section 25
o Section 26
o Section 27
o Section 28
o Section 29
o Section 30
o Section 31
• Prosecution
o Section 32
o Section 33
• Court Proceedings
o Section 34
o Section 35
o Section 36
o Section 37
o Section 38
o Section 39
o Section 40
• Transitory Provisions
o Section 64
o Section 65
o Section 66
o Section 67
o Section 68

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Criminal Law I Reviewer Ina Cojuangco Guingona

CRIMINAL LAW I REVIEWER

# Provision Requisites/Elements/Rules Notes/Jurisprudence

Books: Reyes and Amurao 1

Felonies and Circumstances which Affect Criminal Liability

# Provision Requisites/Elements/Rules Notes/Jurisprudence

committed • Must be a felony commited by dolo

NOT PUNISHABLE BY LAW

to belive that said act

ATTEMPTED • Preparatory and Overt acts

CONSUMATED • Material crimes – 3 stages of execution (Consumated, Frustrated, Attempted)

• Slight physical injuries

9 Grave, less grave, • Grave felonies

• Do not incur any criminal liability

1. Unlawful aggression • Relatives that may be defended:

1. That the evil sought to

Books: Reyes and Amurao 7

1. Accused acted in the

Books: Reyes and Amurao 8

established for persons

• The child shall be subject to an intervention program

(R.A. 9344) • Periods of criminal responsibility under R.A. 9344

Books: Reyes and Amurao 9

Books: Reyes and Amurao 10

o Slight/less serious physical injuries

• Instigation is an absolutory cause WHEN it is made by public officer or private detectives

• Impliedly repealed partially by R.A. 9344 – only over 70

Books: Reyes and Amurao 11

• Sufficient – adequate to excite a person to commit the wrong

1. That there be an act,

considerable length of • Act of the offended party must be unlawful or just

Passion or obfuscation Provocation

o Defendant was in fact arrested

1. Physical defect must

Books: Reyes and Amurao 14

• Mistake in the blow

o Constitute a crime specially punishable by law

1. The public authority is

• Can be considered single or together

o Offended party must not give provocation

• Basis: perversity due to disrespect of the place of the commission of a crime

• Facilitate commission – crime can be perpetrated, unmolested

Books: Reyes and Amurao 17

• Abuse of superior strength and use of firearms absorbed

• Basis: perversity based on the time of the commission of a crime

1. Armed men or persons

• Take this into consideration when fixing the penalty to be imposed

1. Two or more principals • Affects:

• When a crime is already qualified by some other circumstance

By a band v. Superior strength

present when the crime is committed

Books: Reyes and Amurao 23

Persons Criminally Liable for Felonies

Article Provision Requisites/Elements/Rules Notes/Jurisprudence

Books: Reyes and Amurao 25

the crime o Inducing another (reward or promise, words of command)

in order to prevent its stolen property

place after the commission of the crime

Article Provision Requisites/Elements/Rules Notes/Jurisprudence

Books: Reyes and Amurao 29

5. Pecuniary (fine) Arresto Menor

Reclusion Perpetua – 20 years + 1 day to 40 years

Books: Reyes and Amurao 30

• Duration of other penalties