Criminal Law

Sources of RPC:

1. Act 3815 known as the Revised Penal Code

2. Special Penal Laws -Congress
3. Presidential Decrees - President Marcos

Common Law Crimes- the body of principles, usages and rules of

actions which do not result from the express act of the legislature.

There is no common law crime in the Philippines.

CONSTRUCTION OF PENAL LAWS:

1. strictly construed against the state and liberally in favor of the

accused
2. Spanish text prevails

HISTORY OF THE RPC

- The Committee created by Administrative Order 94 of the DOJ dated

October 18, 1927

 Anacleto Diaz,
 Quintin Paredes
 Guilermo Guevarra
 Alex Reyes and
 Mariano de Joya

- RPC approved December 8, 1930

- The old Penal Code took effect until December 31, 1931.
- RPC took effect January 1, 1932
 1. English Rule- the crime is punishable in the Philippines, unless
the crime merely affects things within the vessel.

2. French Rule- the crime is not triable in the courts of that country,
unless their commission unless their commission has effects on the
safety of the coastal state.

Imprudence -deficiency of action

Negligence -deficiency of perception

Mistake of fact- is a misapprehension of fact on the part of the person

who caused injury to another. He is not liable for absence of criminal
intent.

REQUISITES OF MISTAKE OF FACT:

1. The act -lawful

2. The intention - lawful.
3. without fault/carelessness on the part of the accused.

Case: U.S. vs. Ah Chong 15 Phil 488

People vs. Oanis 74 Phil 2571

Actus non facit reum nisi mens sit rea- the act itself does not make a
man guilty unless his intention was so.
Actus me invito factus nonest meus actus- an act done by me against
my will is not my act.

1
The accused both police officers were convicted of murder when both shot a notorious criminal while the latter
was caught sleeping on his bed. The two argued that the deceased was very dangerous. This argument was
debunked.
 MALA IN SE
1. Those so serious as to call for Violations of mere rules of
unanimous condemnation
2. wrongful in nature
3. generally punished by the
RPC
4. intent is necessary
MALA PROHIBITA
convenience designed to secure
a more orderly regulation of
society’s affairs
2. made wrongful only by
statute
3. punished by special law
4. intent not necessary

Motive- the moving power, not an element of crime need not be proved
Intent is the purpose to use a particular means to effect such result.
Must be proved

ARTICLE 4. WHO INCURS CRIMINAL LIABILITY?

Rationale of Par. 1- el que es causa de la causa es causa del mal

causado- he who is the cause of the cause is the cause of the evil caused.

Article 4 (1) may refer to either:

a. Error in personae- mistake in identity of victim

b. Aberratio Ictus- mistake in blow
c. Praeter Intentionem- result done is greater than that
originally intended.

DEVELOPMENT OF A CRIME
1. Internal acts- mens rea
2. External acts- actus reus
a. Preparatory act- ordinarily not punishable
b. Acts of execution- they are the stages. Already punishable.
INDETERMINATE OFFENSE- It is one where the purpose of the
offender in performing an act is not certain

Cases where mere conspiracy is already punishable:

1. Conspiracy to commit treason (Art.115);

2. Conspiracy to commit rebellion or insurrection (Art. 136);
3. Conspiracy to commit sedition (Art. 141);
4. Conspiracy in restraint of trade or commerce (Art. 186)
5. Conspiracy to commit terrorism under RA 9372
6. Conspiracy to commit arson under PD 1602.

Cases where mere proposal is already punishable:

1. Proposal to commit treason (Art. 115);

2. Proposal to commit rebellion or insurrection (Art. 136).

Imputability- the quality by which a criminal act maybe pinpointed to

another as its doer or author.
Responsibility- is the obligation of an offender in suffering the
consequences of a crime.

CIRCUMSTANCES AFFECTING ONES CRIMINAL LIABILITY

(JEMAAA)

1. Justifying Circumstances- none (SOFArs)

 Self defense
 Defense of relatives
 Defense of strangers
 Avoidance of greater evil
 Fulfillment of duty
 Obedience to order of superior.
REQUISITES OF SELF DEFENSE (URL)

1. Unlawful aggression;2
2. Reasonable necessity of the means employed to prevent or repel it;
3. Lack of sufficient provocation on the part of the person defending
himself

Unlawful aggression- is assault or at least threatened assault of an

immediate and imminent kind.

* aggressor flees- no more unlawful aggression

* retreats to take advantage of a better position- unlawful aggression still
exists
* agreement to fight- no unlawful aggression.
* self defense includes defense of honor and property.

Retreat to the wall doctrine Stand ground when in the

right
1. An ancient common law rule A rule which states that where
in homicide which made it the the accused is where he has the
duty of a person assailed to right to be, the law does not
retreat as far as he can before he require him to retreat when his
is justified in meeting force with assailant is advancing upon him
force with a deadly weapon
2. no longer followed in the it is currently the rule in the
Philippines Philippines
* The belief of the accused is considered in determining the existence of
unlawful aggression.

* mere threatening attitude -not unlawful aggression.

2
Unlawful aggression is the first and indispensable requisite of self defense. Self defense may also include defense
of honor, property and others of a kindred kind. Mere or light push is not unlawful aggression. So as insulting words
or foot kick greeting.. But a slap on the face is unlawful aggression. The mere thrusting into one’s pocket as if for
the purpose of drawing a weapon is not unlawful aggression. Even the cocking of a rifle without aiming the firearm
at any particular target is not unlawful aggression. (PP v. Rubiso)
* Cases where the unlawful aggressor is disarmed.
* The defender must not indiscriminately fire his weapon.

TEST OF REASONABLENESS IN DETERMINING WHETHER

THERE IS SELF DEFENSE.3
(NQwPP)

1. Nature of the weapon used by the aggressor

2. Quality of his weapon
3. Physical conditions of both parties
4. Place of the aggression and others4.

Provocation- any unjust or improper conduct on the part of the offended

party capable of inciting or irritating any one

THINGS TO REMEMBER IN PROVOCATION:

1. There must be no provocation made by the one claiming self defense;

2. Even if provocation was given, it must be sufficient provocation;
3. Even if the provocation was sufficient, but it was not given by the
person claiming self-defense then there is self defense.

3
Reasonable necessity of the means employed does not imply material commensurability between the means of
attack and defense. What the law requires is a rational equivalence, in the consideration of which will enter as
principal factors the emergency, the imminent danger to which the person attacked is exposed, and the instinct more
than reason, that moves or impels the defense.
4
In People vs. Ubaldo 367 SCRA 432 the Supreme Court declared that the means used by the defender was
unreasonable, because the number of the gunshot wounds inflicted on the deceased shows that the means employed
were hardly reasonable at all. The nature and number of wounds inflicted upon the victim are important indicia
which disprove self defense. The multiple gunshot wounds inflicted upon the deceased show that appellant’s act was
not one of self defense, but was a determined and purposeful attack upon the victim.
DEFENSE OF RELATIVES REQUISITES

1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. In case the provocation was given by the person attacked, the one
making the defense had no part therein.

* Relatives by affinity are those created by marriage such as parents in

law, sons and daughters in law
* Relatives by consanguinity are relatives by nature or by blood
relations.
>Siblings -2nd civil degree
>Uncle and niece or aunt and nephew-3rd civil degree
>First cousins-4th civil degree.

AVOIDANCE OF GREATER EVIL REQUISITES (EAP)

1. That the evil sought to be avoided actually exists;

2. That the injury feared be greater than that done to avoid it;
3. That there be no other practical and less harmful means of preventing
it

FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHT

OR OFFICE REQUISITES

1. The accused acted in the performance of duty or in the lawful

exercise of a right or office.
2. The injury caused is the consequence of the due performance 5 of duty
or the lawful exercise of such right or office.

Case: People vs. De Lima 46 Phil. 7386

5
In Baxinela vs. People 485 SCRA 331, a policeman was held guilty when he shot at somebody who had a gun
tucked around his waist. When he shot the offended party the latter was not at all resisting. The shooting of the
offended party cannot be considered due performance of a duty if at that time the offended party posed no serious
threat or harm to Baxinela or the civilians in the pub.
DOCTRINE OF SELF HELP- states that the owner or the lawful
possessor of a thing has the right to exclude any person from the
enjoyment and disposal thereof. Thus he may use such force as may
be reasonably necessary to repel or prevent an actual or threatened
unlawful physical invasion or usurpation of his property. (Art. 429
Civil Code)

OBEDIENCE TO ORDER ISSUED BY SUPERIOR REQUISITES

1. A lawful order has been issued by a superior;

2. The means used by the accused subordinate to carry out said order is
lawful
2. Exempting Circumstances- civ
 Imbecility; Insanity (unless the latter acted during a lucid interval)
 A person under 9
 A person over 9 and under 15 unless he has acted with discernment
.
Section 6 RA 9344 says: A child 15 years of age or under at the
time of the commission
of the offense shall be exempt from criminal liability.
A child above 15 years but below 18 shall likewise be exempt from
criminal liability and be subjected to intervention program unless he has
acted with discernment.

 Accident
 Uncontrollable fear
 Lawful or insuperable cause.

6
Here, a fugitive was escaping from a policeman. In order to prevent the continued and imminent escape of the
fugitive, the policeman fired at the fugitive. The Supreme Court acquitted the policeman, on the ground that the
killing was done in the fulfillment of duty. But in People vs. Lagata, a jail guard shot to death a prisoner whom he
thought was escaping. The Supreme Court affirmed the conviction of the jail guard for homicide because the facts
showed that the prisoner was not at all trying to escape. The SC said that the jail guard could only fire at the prisoner
in self defense or if absolutely necessary to avoid his escape.
 Imbecile- One who is old but has a mental development similar to
children between the ages 2-7 years.

Insanity7- one which exists when there is a complete deprivation of

intelligence in committing the criminal act, that is the accused is
deprived of reason and acts without the least discernment.

INSANITY AT THE TIME OF THE COMMISSION OF THE

CRIME vs. INSANITY AT THE TIME OF TRIAL

A PERSON UNDER 9

A PERSON OVER 9 BUT UNDER 15 UNLESS HE ACTED WITH

DISCERNMENT (OLD LAW)

Discernment- the mental capacity of a minor to distinguish between

right from wrong and to fully appreciate the consequences of his
felonious acts. It may be shown by:
a. manner of committing the crime;
b. conduct of the offender
c. such other circumstances8 - attempt to silence, hiding of
corpus delicti, disposal of evidence, utterances, overt acts

7
The condition known as dementia praecox is covered by the term insanity. So as Epilepsy may be covered by the
term insanity. However, that Kleptomania is also covered is still a debatable proposition. Somnambulism may be a
cause for exemption for lack of criminal intent.
8
Such may include: offender’s attempt to silence the victim, or his hiding of the corpus delicti or disposal of the
evidence, or his utterances and or overt acts before, during and after the commission of the crime.
 REPUBLIC ACT 9343- AN ACT ESTABLISHING A
COMPREHENSIVE JUVENILE JUSTICE AND WELFARE
SYSTEM (Juvenile Justice and Welfare Act of 2006)

Child in Conflict with the Law- a child who is accused or adjudged of

having committed an offense.

Initial contact with the child- the apprehension of a CICL by officers

or private citizens.

Status Offense- offenses which discriminate only against a child

while an adult does not suffer any penalty for committing similar acts.
Examples are: curfew violations, truancy, and parental disobedience.

Section 6 RA 9344 says:

A child 15 years of age or under at the time of the commission

of the offense shall be exempt from criminal liability.

A child above 15 years but below 18 shall likewise be exempt from

criminal liability and be subjected to intervention program unless he has
acted with discernment.

Section 58 below 18 years of age shall be exempt from prosecution for

the crime of vagrancy and prostitution, of mendicancy under PD 1563
and sniffing of rugby under PD 1619.
ACCIDENT REQUISITES

1. A person performs a lawful act;

2. With due care;
3. He causes an injury to another;
4. without fault or intention of causing it.

Case: US vs. Tanedo 15 Phil 1969

IRRESISTIBLE FORCE

Irresistible force- a force which produces such an effect upon an

individual that, in spite of all resistance, it reduces him to a mere
instrument and as such incapable of committing a crime

UNCONTROLLABLE FEAR

The exempting circumstance of uncontrollable fear presupposes that

the accused is compelled by means of threat or intimidation by a third
person to commit a crime.

9
Here the accused was aiming his gun towards a wild chicken. However the bullet ricochets and hit a bystander.
The accused was exempted based on the defense of accident.
LAWFUL OR INSUPERABLE CAUSE

ABSOLUTORY CAUSES

1. Art 247. Death or physical injuries under exceptional circumstances

2. Art. 280 (3) trespass
3. Art. 332. Persons exempt from criminal liability
4. Art. 20. Accessories exempted
5. Art. 6 on spontaneous desistance
6. Instigation –peace officer induces a person to commit a crime.
Without the inducement, the crime would not be committed. It exempts
one from criminal liability
 ENTRAPMENT vs. INSTIGATION

ENTRAPMENT
1. Ways and means are resorted
to for the purpose of trapping
and capturing the lawbreaker in
the execution of his plans
2. The intent to violate the law
originated from the accused
himself
3. Not an absolutory cause
hence does not exempt from
criminal liability
INSTIGATION
Here, the police practically
induces the accused into the
commission of the offense and
he himself becomes a co-
principal
The intent to violate the law did
not originate from the accused
as he was induced only by the
police to perform a criminal act
An absolutory cause that
exempts one from criminal
liability

PEOPLE OF THE PHILIPPINES vs. MARIVIC GENOSA 419

SCRA 542
(BATTERED WOMAN SYNDROME)

Battered Wife- a woman who is repeatedly subjected to any forceful

physical or psychological behavior by a man in order to do something he
wants her to do without concern for her rights. It includes wives or
woman in any form of intimate relationship with a man. The couple
must go through the battering cycle at least twice.

Q: What are the cycles of violence in BWS?

A: 1. Tension Building Stage- where minor battering occurs
2. Acute Battering Incident- characterized by brutality,
destructiveness and death.
3. Tranquil or loving phase- The batterer shows loving caring nurture
to the victim.
ENUMERATE THE MITIGATING CIRCUMSTANCES
(IPTVOSDIA17)

1. Incomplete justifying or exempting circumstance

2. Under 18
3. No intention to commit so grave a wrong (praeter intentionem)
4. Sufficient provocation or threat
5. Vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender/ voluntary confession of guilt
8. Deaf, dumb, blind and other physical defects
9. Illnesses which diminish will power
10. Analogous circumstances.

ORDINARY MITIGATING CIRCUMSTANCES vs.

PRIVILEGED MITIGATING CIRCUMSTANCES

NO INTENTION TO COMMIT SO GRAVE A WRONG AS THAT

COMMITTED

Q: How to determine the lack of grave intention to commit the offense?

A: Consider the following:
a. the weapon used
b. nature of the injury
c. part of the body targeted

* This mitigating circumstance is invocable only in felonies resulting

in some physical harm like physical injuries, homicide etc.
SUFFICIENT PROVOCATION OR THREAT IMMEDIATELY
PRECEDED THE ACT

Case: People vs. Marquez 53 Phil 26010

IMMEDIATE VINDICATION OF A GRAVE OFFENSE

PROVOCATION vs. IMMEDIATE VINDICATION

PROVOCATION VINDICATION
1. Provocation is made only to In vindication, the grave offense
the person committing the may be committed against the
felony spouse, the ascendants,
descendants, brothers or sisters
or relatives by affinity within
the same degree of the offender.
2. In provocation the In vindication, the offended
provocation need not be grave party must have done a grave
offense to the offender or his
relatives
3. In provocation, the 3. In vindication, the vindication
provocation or threat must of the grave offense may be
immediately preceded the act proximate, which admits of
interval of time between the
commission of the grave offense
and the commission of the crime
by the accused.

10
The accused husband saw a shadow of a man jumping down from the window of his house where his wife was at
the time. Upon confronting his wife as to who was that man, the wife immediately begged for pardon. The husband
did an offense against the wife. The husband was convicted but in his favor, the mitigating circumstance of
“immediate provocation” was considered.
 PASSION OR OBFUSCATION REQUISITES:

1. There is an act unlawful and sufficient to produce passion or

obfuscation;
2. The act which produced such emotion must not be far removed from
the commission of the crime, during which the accused might recover
his normal equanimity

VOLUNTARY SURRENDER

* must be made to a person in authority or his agents

* A surrender is voluntary when it is spontaneous in such a manner that
it shows the interest of the accused to surrender voluntarily to the
authorities either because he acknowledges his guilt or wishes to save
the authorities the expenses incurred in his search.

VOLUNTARY CONFESSION OF GUILT/PLEA OF GUILTY

REQUISITES

1. made in open court

2. made prior to the presentation of evidence of the prosecution

3. Aggravating Circumstances

1. Advantage of public position Case: Fortuna vs. People 15 December

2000 348 SCRA 270 11
2. In contempt or with insult to public authorities * applicable only in
crimes against honor or persons
3. Disrespect on the rank, age or sex of the offended party; the crime is
committed in the dwelling of offended party
4. Abuse of confidence or obvious ungratefulness

11
Here, the police officers used their position to execute a sort of “hulidap” against the victims.
5. Palace of the Chief Executive, or in his presence, or place where
authorities discharge their duties, or place of religious worship
6. Nightime, uninhabited place, band
7. On occasion of conflagration, shipwreck etc.
8. Aid of armed men
9. Recidivist
10. Reiteration
11. Price, reward or promise
12. Inundation, fire, poison, etc
13. Evident Premiditation
14. Craft, fraud or Disguise
15. Superior strength or means to weaken defense
16. Treachery
17. Ignominy
18. Unlawful entry
19. Wall, roof, floor be broken
20. Aid of persons under 15, motor vehicle
21. Cruelty

NIGHTIME- that period of darkness beginning at end of dusk and

ending at dawn..

* Not aggravating if commenced in daytime

* If the locus criminis is lighted no aggravating of nighttime

UNINHABITED PLACE- no houses or scattered at a great distance

from each other

BAND- more than three armed malefactors shall have acted together

Q: When is nightime, uninhabited place and band aggravating?

A: 1. offender took advantage for the purpose of impunity
2. specially sought for by the offender to insure the commission of
the crime
 3. it facilitated the commission of the crime.

RECIDIVIST- one who at the time of his trial for one crime, shall have
been previously convicted by final judgment of another crime embraced
in the same title of the Revised Penal Code.

OFFENDER HAS BEEN PREVIOUSLY PUNISHED FOR:

1. An offense to which the law attaches an equal or greater
penalty or
2. For two or more crimes to which it attaches a lighter penalty

* This aggravating circumstance is known as REITERATION.12

EVIDENT PREMEDITATION- it involves a determination to commit

the crime prior to the moment of its execution and also to carry out the
criminal intent which must be the result of deliberate, calculated and
reflective thoughts through a period of time sufficient to
dispassionately consider and accept the consequences thereof, thus
indicating greater perversity

Q: What is the essence of evident premeditation?

A: The essence of evident premeditation is that the execution of the
criminal act must be preceded by cool thought and reflection upon the
resolution to carry out the criminal intent during the space of time
sufficient to arrive at a calm judgment.

Q: What are the requisites of evident premeditation?

A: 1. the time when the offender determined to commit the crime;
2. An act manifestly indicating that the culprit has clung to his
determination;

12
There are four forms of criminal repetition under the Penal Code. They are: a. recidivism, b. reiteration or
habituality c. habitual delinquency and d. quasi recidivism
3. A sufficient lapse of time between the determination and execution, to
allow him to reflect upon the consequences of his act and to allow his
conscience to overcome the resolution of his will.

* The latest ruling is that premeditation is not aggravating when the

victim is different from that intended13

CRAFT- is a circumstance characterized by trickery or cunning

resorted to by the accused, to carry out his design. It is the use of
intellectual trickery and cunning on the part of the accused.

FRAUD- insidious words or machinations used to induce the victim to

act in a manner which would enable the offender to carry out his
design.

DISGUISE- it involves the deliberate effort of the accused to conceal

his identity in the commission of the crime.

USE OF SUPERIOR STRENGHT OR MEANS EMPLOYED TO

WEAKEN THE DEFENSE.

TREACHERY14- there is treachery when the offender commits any of

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

13
People vs. Ventura 5 July 2004 433 SCRA 389. However, if it is shown that the conspirators wee determined to
kill not only the intended victim but also anyone who may help put a violent resistance, then evident premeditation
will be appreciated.
14
In People vs. Jarolon 404 SCRA 564, SC said: The killing of a minor who, because of their tender age, could not
be expected to put up a defense, is considered attended with treachery even if the manner of the attack is not shown.
The killing is hence, qualified to murder. Also treachery may also be appreciated in the crime of robbery with
homicide although this complex crime is predominantly a crime against property.
IGNOMINY- is a circumstance pertaining to the moral order, which
adds disgrace and obloquy to the material injury caused by the crime. It
is a circumstance that tends to make the effects of the crime more
humiliating, thus adding to the victim’s moral sufferings.

Case: People v. Bumidang: 04 Dec. 2000 346 SCRA 80715

People vs. Siao- 3 march 2000 327 SCRA 26916

UNLAWFUL ENTRY- there is unlawful entry when an entrance is

affected by a way not intended for the purpose.

CRUELTY- a circumstance whereby the offender enjoys and delights in

making his victim suffer slowly and gradually, causing him
unnecessary physical pain in the consummation of his criminal act.

Case: People vs. Guerrero 19 September 2002 389 SCRA 38917

* Under RA 8294 6 July 1997, the use of unlicensed firearm merely

becomes an aggravating circumstance if murder or homicide was
committed with the use thereof. But if the unlicensed firearm is used in
the commission of any crime18, there can be no separate offense of
illegal possession of firearm.

15
The accused used a flashlight and examined the genital of the rape victim before raping her.
16
Here the accused raped the victim doggie style
17
It was intimated by the Supreme court that there would have been cruelty had the victim’s penis was cut-off by the
offender prior to the victim’s actual killing. In this case the cutting off the penis was considered as outraging or
scoffing at ones corpses under par. 5 Article 248.
18
Such as alarms and scandals or slight physical injuries punishable by arresto menor.
FOUR KINDS OF AGGRAVATING CIRCUMSTANCE19:

1. Generic- generally applies to all crimes.

2. Inherent- that must necessarily accompany the commission
of a crime
3. Qualifying- that which changes the nature of the crime
4. Specific- Those that apply only to a particular crime.

Alternative Circumstance- are those which must be taken into

consideration as aggravating or mitigating according to the nature and
effects of the crime and the other conditions attending its commission.

Q: What are the three alternative circumstances?

A: 1. Relationship20
2. Intoxication
3. Degree of instruction and education of the offender.

Penalty- is the suffering inflicted by the State for the transgression of

the law.

JURIDICAL CONDITIONS OF PENALTY (CPCL)

1. commensurate with the offense

2. personal
3. Certain
4. Legal

19
Under the new rules on criminal procedure, the qualifying and aggravating circumstances must be alleged in the
information. Otherwise they may not be appreciated. However in cases where they are not alleged, they may
nevertheless, be considered in the award of damages.
20
Relationship is aggravating in crimes against persons when the parties are of the same level such as a brother
killing a brother.
JUSTIFICATION FOR THE IMPOSITION OF PENALTY
(SPERJ)

1. Exemplarity
2. Justice
3. Prevention
4. Reformation
5. Self Defense

Q: What is the effect of pardon by the offended party?

A: does not extinguish criminal action except as provided in article 344.
But civil liability is extinguished by his express waiver (Art.23)

Q: When is fine afflictive, correctional or light in character?

A: 1. afflictive if it exceeds P6000.
2. correctional if it does not exceed P6000 but is not less than P200
3. light if it is less than P200.

Q: Explain the concept of preventive imprisonment.

A: Offenders or accused who have undergone preventive imprisonment
shall be credited in the service of their sentence consisting of deprivation
of liberty, with the full time during which they have undergone
preventive imprisonment if the detention prisoner agrees voluntarily in
writing to abide by the same disciplinary rules imposed upon convicted
prisoners.
Except:
1. when they are recidivist, or have been convicted previously twice
or more times of any crime;
2. when upon being summoned for the execution of their sentence
they failed to surrender voluntarily.(Article 29)

Note: An accused undergoes preventive imprisonment when the

offense charged is non bailable or even if bailable he cannot
furnish the required bail. Now if an accused does not agree to
abide by the same disciplinary rules imposed upon convicted
 prisoners, he shall be credited in the service of his sentence with
4/5 of the time during which he has undergone preventive
imprisonment.

Q: What is civil interdiction?

A: It is an accessory penalty which has the effects of depriving the
offender during the time of his sentence of the rights of parental
authority, or guardianship, either as to the person or property of
any ward, of marital authority, of the right to manage his property,
and of the right to dispose of such property by any act or any
conveyance inter vivos.

Q: What is bond to keep the peace?

A: It is an accessory penalty which has the effect of requiring the person
sentenced to it to present two sureties who shall undertake that such
person will not commit the offense sought to be prevented, and in case
such offense be committed they will pay the amount determined by the
court in its judgment, or otherwise to deposit such amount in the office
of the clerk of court to guarantee said undertaking. If the person
sentenced fail to give the bond as required he shall be detained for a
period not exceeding six months if he shall have been prosecuted for
grave or less grave felony, and shall not exceed thirty days, if for a light
felony.

Q: What is the effect of pardon?

A: A pardon shall not work the restoration of the right to hold public
office, or the right of suffrage, unless such rights be expressly restored
by the terms of the pardon. It shall also not exempt the culprit from the
payment of the civil liability imposed upon him by the sentence.

Pardon- is an act of grace proceeding from the power entrusted with

the execution of the laws which exempts the individual on whom it is
bestowed from the punishment the law inflicts for the crime he has
committed. A pardon may either be a conditional or absolute.
LIMITATIONS ON THE PARDONING POWER OF THE
PRESIDENT

1. can be exercised only after conviction;

2. cannot be extended to cases of impeachment
3. No pardon involving violations of elections laws, shall be granted
without the favorable recommendation of the Comelec.

PARDON OF THE PRESIDENT vs. PARDON BY THE PRIVATE

OFFENDED PARTY

PARDON OF THE PARDON OF THE

PRESIDENT
1. Extinguishes the criminal
liability of the offender
2. It does not include the civil
liability to pay
3. Granted only after conviction
OFFENDED PARTY
It does not extinguish the
criminal liability of the offender
The offended party can waive
the civil liability of the offender
Must be made before the
institution of the criminal
action in cases where the law
allows pardon by the offended
party. Also it must be extended
to both offenders.

ENUMERATE THE PROPER ORDER OF PAYMENT OF THE

PECUNIARY LIABILITIES OF THE OFFENDER: (RIFC)

1. Reparation of the damage caused

2. Indemnification of consequential damages
3. The fine
4. Cost of the proceedings (Art.38)
Q: What is subsidiary imprisonment/penalty?
A: It is a personal liability to be suffered by the convict who has no
property to pay the fine at the rate of P8/day.

RULES TO BE OBSERVED IN SUBSIDIARY IMPRISONMENT

1. principal penalty higher than PC- no S.I.

2. principal penalty be PC or AMa & fine subsidiary imprisonment
shall not exceed 1/3 of the term of the sentence, and in no case
shall it continue for more than one year
3. When the principal penalty is only fine, subsidiary imprisonment
shall not exceed six months, if the offender is prosecuted for grave
or less grave felonies, and shall not exceed 15 days if for a light
felony.
4. The subsidiary penalty which he may have suffered shall not
relieve him from the fine in case his financial circumstances
should improve. (Art.39)

Note: Articles 40-44 are merely enumeration of accessory penalties for

each penalty.

Q: What is to be done to the proceeds or instrument of a crime?

A: Every penalty imposed for the commission of a felony shall carry
with it the forfeiture of the proceeds of the crime and the
instruments or tools with which it was committed. They shall be
forfeited in favor of the Government, unless they be the property of a
third person not liable for the offense, but those articles which are not
subject of lawful commerce shall be destroyed. (Art.45)
Q: What is a complex crime?
A: There is a complex crime when a single act constitutes two or more
grave or less grave felonies, or when an offense is a necessary means
for committing the other. (In which case the penalty for the more
serious crime shall be imposed in its max pd-Art 48).21

TWO KINDS OF COMPLEX CRIMES:

1. single act constitutes two or more grave or less grave felonies-
(compound crime or delito compuesto)

2. offense is a necessary means of committing the other- (complex

crime proper or delito complejo)

Plurality of crimes- consist in the successive execution by one

individual of different criminal acts upon which no conviction is yet
declared. It could either be formal or ideal plurality of which art. 48 is
the best example, that is there is only one criminal liability or real or
material plurality where there are different crimes in the eyes of the
law and in the conscience of the offender. Hence in real or material
plurality the offender is punished for each and every offense that he
committed.

Q: What is a continuing/continued/continuous crime?

A: It is a single crime, consisting of a series of acts all arising from
one criminal resolution. It is a continuous, unlawful act or series of act
set on foot by a single impulse and operated by an unintermittent force,
however long time it may occupy.

21
Our rules on complex crime follow the pro reo principle
ARTICLE 62 RPC QUITE A COMPLICATED PROVISION

1. Aggravating circumstances which in themselves constitute a crime

especially punishable by law or which are included by law in
defining a crime and prescribing the penalty therefore shall not be
taken into account for the purpose of increasing the penalty.

a. maximum penalty- advantage was taken by the offender of his

public position,

b. maximum penalty -organized/syndicated group.

2. Aggravating or mitigating circumstances which arise from the

moral attributes of the offender or from his private relations with
the offended party, or from any other personal cause, shall serve
only to aggravate or mitigate the liability of the principals,
accomplices and accessories as to whom such circumstances are
attendant.

The circumstances which consist in the material execution of the act,

or in the means employed to accomplish it, shall serve to aggravate or
mitigate the liability of only those persons who had knowledge of
them at the time of the execution of the act or their cooperation
therein.

Q: Who/What is a habitual delinquent?

A: A person shall be deemed a habitual delinquent if within a period
of 10 yrs from the date of his release or last conviction of the crimes
of SLPI, R, H, E, F, he is found guilty of any of said crimes a third
time or oftener.
Q: What is the rule on successive service of sentence?
A: When the culprit has to serve two or more penalties, he shall serve
them simultaneously if the nature of the penalties will permit so,
otherwise the order of their respective severity shall be followed so
that they may be executed successively or as nearly as may be possible,
should a pardon have been granted as to the penalty first imposed or
should they have been carried out.

Q: What is the threefold rule in the service of sentence?

A: According to this rule, the maximum duration of the convict’s
sentence shall not be more than threefold the length of time
corresponding to the most severe of the penalties imposed upon him. No
other penalty to which he may be held liable shall be inflicted after the
sum of those imposed equals the said maximum period.
Such maximum period shall in no case exceed forty years

Q: What is a complex penalty?

A: It is a penalty prescribed by law composed of three distinct penalties,
each forming a period, the lightest of them shall be the minimum, the
next the medium, and the most severe the maximum period

Note: Articles 81-85 are provisions that have something to do with the
death penalty. These provisions have no longer any relevance except for
academic purposes by reason of the enactment of RA 9346-An Act
Prohibiting the Imposition of the Death Penalty.22

Q: Give the concept of the penalty of destierro.

A: Any person sentenced to destierro shall not be permitted to enter the
places designated in the sentence, nor within the radius therein specified,
22
Under art 83- the death sentence shall be suspended when the woman is pregnant and within one year after
delivery. Also the death sentence shall not be inflicted upon a person over 70 years of age. Under article 85 it is
prohibited to bury the dead body of a person legally executed with pomp, otherwise the offenders are liable under
article 153 on tumults and disturbances. But again, these provisions no longer have any application. In retrospect it
used to be that the Supreme Court automatically reviews the decision of lower courts, whenever they imposed the
penalty of death, reclusion perpetua or life imprisonment. However on July 7, 2004 in the case of People vs.
Mateo, the Supreme Court said that such review should be undertaken by the Court of Appeals first in pursuant to
the hierarchy of courts doctrine.
which shall not be more than 250 and not less than 25 kilometers from
the place designated. If he does he may be held liable for Evasion of
service of sentence under article 157 RPC.

DESTIERRO IS IMPOSED IN THE FOLLOWING:

1. Death or Serious Physical injuries inflicted under exceptional

circumstances
2. When a person fails to give a bond for good behavior (Art.
284)
3. Penalty for concubine in concubinage ( Art. 334)

MODES OF TOTAL EXTINCTION OF CRIMINAL LIABILITY

(Art. 89) DSAPPcpM

1. By the death of the convict, as to the personal penalties; as to

pecuniary liabilities, it is extinguished only when the death of the
offender occurs before final judgment.
2. By service of sentence;
3. By amnesty-an act of the sovereign power granting oblivion or a
general pardon for past offense, and is rarely exercised in favor of
a single individual, and is usually exerted in behalf of certain
classes of persons who are subject to trail but not yet convicted.
4. By absolute pardon
5. Prescription of crime- the forfeiture or the loss of the right of the
state to prosecute the offender after the lapse of a certain time.
6. Prescription of Penalty- the loss or forfeiture of the right of the
Government to execute the final sentence after the lapse of a
certain time.
7. Marriage of the offended party under Article 344 RPC
 AMNESTY vs PARDON

AMNESTY
Made by the President with the
concurrence of Congress
Usually extended to political
crimes
May be extended even before
conviction or before trial
Looks backward
PARDON
Made by the President alone
Extended to any type of crime
May be given only after final
conviction
Looks forward

PRESCRITION OF CRIMES

PENALTY PRESCRIBES IN..

1. death, reclusion perpetua and 20 years
reclusion temporal
2. other afflictive penalties 15 years
(prision mayor and DQ.)
3. punishable by correctional 10 years
penalty (prision correctional,
suspension, destierro)
4. arresto mayor 5 years
5. libel 1 year
6. oral defamation and slander 6 months
by deed
7. other light offenses 2 months

* The period of prescription shall commence to run from the day on

which the crime is discovered by the offended party, the authorities, or
their agents, and shall be interrupted by the filing of the complaint or
information, and shall commence to run again when such proceedings
terminate without the accused being convicted or acquitted, or are
unjustifiably stopped for any reason not imputable to him. It shall not
run when the offender is absent from the Philippines (Art.91)

PRESCRIPTION OF PENALTIES23

PENALTY PRESCRIBES IN
Death and reclusion Perpetua 20 years
Other afflictive penalties 15 years
Correctional penalties 10 years
Arresto Mayor 5 years
Light penalties 1 year

* Prescription of penalties shall commence to run from the date when

the culprit should evade the service of his sentence, and it shall be
interrupted if the defendant should give himself up, be captured, should
go to some foreign country with which the government has no
extradition treaty, or should commit another crime before the expiration
of the period of prescription (Art.93)

MODES OF PARTIAL EXTINCTION OF CRIMINAL

LIABILITY

1. By conditional pardon- a contract between the president and the

convict the former will release the latter upon compliance with
certain conditions.
2. By commutation of sentence- it is the reduction of the period of
imprisonment of the offender or the amount of the fine.
3. For good conduct time allowance- are deductions from the term
of the sentence for good behavior of the convicted prisoner.
4. Parole- consists of the suspension of the sentence of a convict
after serving the minimum term of the indeterminate penalty.
23
To be operational, the prisoner must escape. One who has not been committed to prison cannot be said to have
escaped therefrom. See Del Castillo vs. Torrecampo 394 SCRA 221
Q: Who gives good conduct time allowance?
A: Director of Prisons.

Years of good behavior Allowance earned

1-2 years 5 days per month
3-5 years 8 days per month
6-10 years 10 days per month
11 up years 15 days per month

Q: What is the special allowance for loyalty?

A: It is a deduction of 1/5 of the period of sentence to any prisoner
who, having evaded the service of his sentence under the circumstances
in art. 158 RPC, gives himself up to the authority within 48 hours
following the issuance of a proclamation announcing the passing away
of the calamity.

Q: What is article 100 of the Revised Penal Code?

A: It says” every person criminally liable for a felony is also civilly
liable.”

Art. 102. Subsidiary civil liability24 of innkeepers, tavern keepers

and proprietors of establishments- In default of persons criminally
liable, innkeepers, tavernkeeprs, and any other persons or corporations
shall be civilly liable for crimes committed in their establishments, in
cases where a violation of municipal ordinances or some general or
special police regulations shall have been committed by them or their
employees.

Innkeepers are also subsidiary liable for the restitution of goods

taken by robbery or theft within their houses from guests lodging
therein, or for the payment of the value thereof, provided that such
guests shall have notified in advance the innkeepers himself, or the
24
Proof of due diligence of the employer in the selection and supervision of employees is not a defense on the part
of the employer and will not free him from subsidiary liability.
person representing him, of the deposit of such goods within the inn, and
shall furthermore have followed the directions which such innkeepers or
his representative may have given them with respect to the care and
vigilance over such goods. No liability shall attach in case of robbery
with violence against or intimidation of persons unless committed by the
innkeepers’ employees.

Art. 103. Subsidiary civil liability of other persons- The subsidiary

liability established in the next preceding article shall also apply to
employers, teachers, persons, and corporations engaged in any kind of
industry for felonies committed by their servants, pupils, workmen,
apprentices, or employees in the discharge of their duties.

Art. 104. What is included in civil liability- (RRI)

1. Restitution
2. Reparation of damage caused
3. Indemnification of consequential damage

Art. 105. Restitution how made- The restitution of the thing itself must
be made whenever possible, with allowance for any deterioration or
diminution of value.

The thing itself shall be restored, even though it be found in the

possession of a third person who has acquired it by lawful means, saving
to the latter his action against the proper person who may be liable to
him.

Art. 106. Reparation- The court shall determine the amount of

damage, taking into consideration the price of the thing, and its special
sentimental value to the injured party.

Art. 107. Indemnification- Indemnification of consequential damages

shall include not only those caused the injured party, but also those
suffered by his family or by third person by reason of the crime.
Modes of Extinction of Civil Liability- Civil liability is extinguished in
the same manner as other obligations, in accordance with the provisions
of the Civil Code namely:

PLC3N
1. Payment or performance
2. Loss of the thing due
3. Condonation or remission of the debt
4. Confusion or merger of the rights of creditor and debtor
5. Compensation
6. Novation and others (See Art. 1231 Civil Code).