CRIMINAL LAW 1 REVIEWER

CRIMINAL LAW-that branch of public substantive law which defines crimes, treats of
their nature, and provides for their punishment.
MALA IN SE AND MALA PROHIBITA
Mala in se (“evil in itself”) – A crime or an act that is inherently immoral, such as murder,
arson or rape.
Mala prohibita (“prohibited evil”) – An act that is a crime merely because it is prohibited
by statute, although the act itself is not necessarily immoral.

Schools of Thought (PUCE)

(1) Utilitarian Theory Primary purpose: Protection of society from actual or potential
wrongdoers.
(2) Classical Theory
a) Primary purpose: Retribution.
b) Basis of criminal liability: Human free will.
c) Endeavored to establish a mechanical and direct proportion between crime and
penalty; there is scant regard to human element.
(3) Positivist Theory
a) Primary purpose: Reformation; prevention/correction.
b) Basis of criminal liability: The sum of the social, natural and economic phenomena
to which the actor is exposed.
(4) Eclectic/Mixed
a) Combines both positivist and classical thinking.
b) Crimes that are economic and social by nature should be dealt with in a positivist
manner; thus, the law is more compassionate.
c) Heinous crimes should be dealt with in a classical manner; thus, capital
punishment.

Criminal law has three (3) characteristics: (PGT)

(1) General -General rule: The penal law of the country is binding on all persons who live
or sojourn in Philippine territory, subject to the principles of public international law and to
treaty stipulations. Exception: Art. 2, RPC. “Except as provided in the treaties or laws of
preferential application xxx”.
(2) Territorial-Art. 2, RPC embraces two scopes of applications:
1. Intraterritorial – refers to the application of the RPC within the Philippine territory
(land, air and water).
2. Extraterritorial – refers to the application of the Revised Penal Code outside the
Philippine territory.
General rule: Penal laws of the country have force and effect only within its
territory.
a) It cannot penalize crimes committed outside its territory.
b) ) The national territory comprises the Philippine Archipelago… [Art. I, 1987
Constitution].
c) The territory of the country is not limited to the land where its sovereignty
resides but includes also its maritime and interior waters as well as its
atmosphere. [Art. 2, RPC]
Exception: Extraterritorial Crimes, which are punishable even if committed
outside the Philippine territory [Art. 2, RPC]

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 Two rules as to jurisdiction over crimes committed aboard merchant vessels while in
the territorial waters of another country (i.e. a foreign vessel treading Philippine waters
OR Philippine vessels treading foreign waters):
a) French Rule: It is the flag or nationality of the vessel which determines jurisdiction
UNLESS the crime violates the peace and order of the host country.
b) English Rule: the location or situs of the crime determines jurisdiction UNLESS the
crime merely relates to internal management of the vessel.
1. The Philippines adheres to the ENGLISH RULE.
2. However, these rules are NOT applicable if the vessel is on the high seas
when the crime was committed. In these cases, the laws of the nationality
of the ship will always apply.
3. When the crime is committed in a war vessel of a foreign country, the
nationality of the vessel will always determine jurisdiction because war
vessels are part of the sovereignty of the country to whose naval force they
belong.
Art. 2. Application of its provisions. — Except as provided in the treaties and laws of
preferential application, the provisions of this Code shall be enforced not only within the
Philippine Archipelago, including its atmosphere, its interior waters and maritime zone,
but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise
of their functions; or
5. Should commit any of the crimes against national security and the law of nations,
defined in Title One of Book Two of this Code.

(3) Prospective- General rule: Acts or omissions will only be subject to a penal law if they
are committed AFTER a penal law has taken effect.
Exception: Penal laws shall have a retroactive effect, insofar as they favor the person
guilty of a felony. [Art. 22, RPC]
Exception to the Exception:
1. The new law is expressly made inapplicable to pending actions or existing cause
of actions; or
2. The offender is a habitual criminal. [Art. 22, RPC]

BILL OF ATTAINDER
Art. III, Sec. 22, 1987 Const. No ex post facto law or bill of attainder shall be enacted.
-a legislative act that inflicts punishment without trial, its essence being the substitution of
legislative fiat for a judicial determination of guilt.
Ex Post Facto Law is one which:
1. Makes criminal an act done before the passage of the law and which was innocent
when done, and punishes such an act.
2. Aggravates a crime, or makes it greater than it was, when committed;

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 3. Changes the punishment and inflicts a greater punishment than the law annexed
to the crime when committed;
4. Alters the legal rules of evidence, and authorizes conviction upon less or different
testimony than the law required at the time of the commission of the offense;
5. Assumes to regulate civil rights and remedies only, in effect imposes penalty or
deprivation of a right for something which when done was lawful; and
6. Deprives a person accused of a crime some lawful protection to which he has
become entitled, such as the protection of a former conviction or acquittal, or a
proclamation of amnesty.

What is Article 4 (RPC) all about?

The time-respected doctrine “he who is the cause of the cause is the cause of the evil
caused” is the rationale in Article 4 of the RPC which provides that “criminal
liability” shall be incurred by a person committing a felony although the wrongful act done
be different from that which he intended. (Campanilla citing Ppl vs Ulep)

Error in personae- mistake in the identity of the victim; injuring one person mistaken for
another (Art. 49 – penalty for lesser crime in its maximum period)
a) At least two subjects
b) A has intent to kill B, but kills C
c) Under Art. 3, if A hits C, he should have no criminal liability. But because of
Art. 4, his act is a felony.
Aberratio ictus - mistake in the blow; when offender intending to do an injury to one
person actually inflicts it on another (Art. 48 on complex crimes – penalty for graver
offense in its maximum period)
a) There is only one subject.
b) The intended subject is a different subject, but the felony is still the same.
Praeter intentionem - injurious result is greater than that intended (Art. 13 – mitigating
circumstance). Exception: If A’s act constitutes sufficient means to carry out the graver
felony, he cannot claim praeter intentionem.
IMPOSSIBLE CRIME- is committed by any person performing an act which would be an
offense against persons or property, where it not for the inherent impossibility of its
accomplishment or the account of the employment of inadequate or ineffectual means.

9 Circumstances that affect Criminal Liability:

1. JUSTIFYING CIRCUMSTANCES
- The following do not incur any criminal liability:

1. Anyone who acts in defense of his person or rights, provided that the
following circumstances concur;
• First. Unlawful aggression.
• Second. Reasonable necessity of the means employed to prevent
or repel it.
• Third. Lack of sufficient provocation on the part of the person
defending himself.

2. Anyone who acts in defense of the person or rights of his spouse,

ascendants, descendants, or legitimate, natural or adopted brothers or

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 sisters, or his relatives by affinity in the same degrees and those
consanguinity within the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding circumstance are
present, and the further requisite, in case the revocation was given by the
person attacked, that the one making defense had no part therein.

3. Anyone who acts in defense of the person or rights of a stranger, provided

that the first and second requisites mentioned in the first circumstance of this Art.
are present and that the person defending be not induced by revenge, resentment,
or other evil motive.

4. Any person who, in order to avoid an evil or injury, does not act which causes
damage to another, provided that the following requisites are present;
• First. That the evil sought to be avoided actually exists;
• Second. That the injury feared be greater than that done to avoid it;
• Third. That there be no other practical and less harmful means of preventing
it.
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a
right or office.
6. Any person who acts in obedience to an order issued by a superior for some
lawful purpose.

2. EXEMPTING CIRCUMSTANCES
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a
felony (delito), 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.
2. A person under Fifteen years of age.
3. A person over Fifteen years of age and under Eighteen, unless he has acted with
discernment, in which case, such minor shall be under-go intervention and diversion as
provided under the Juvenile Justice Welfare Act.
4. Any person who, while performing a lawful act with due care, causes an injury by
mere accident without fault or intention of causing it.
5. Any person who act under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or
greater injury.
7. Any person who fails to perform an act required by law, when prevented by some
lawful insuperable cause.

3. MITIGATING CIRCUMSTANCES

4. AGGRAVATING CIRCUMSTANCES
As provided for the Qualifying Aggravating Circumstances in Article 248 on Murder.

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 1.With treachery, taking advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel,
derailment or assault upon a street car or locomotive, fall of an airship, by means of motor
vehicles, or with the use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of
an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public
calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim
(IGNOMINY), or outraging or scoffing at his person or corpse.

5. ALTERNATIVE CIRCUMSTANCES

6. ABSOLUTORY CAUSES
1) Instigation due to public policy;
2) Spontaneous desistance in the attempted stage unless the overt act committed
constitutes another crime. (Art. 6 par. 3);
3) Attempted/ frustrated light felonies (Art. 7);
4) Accessories in light felonies (Art. 16);
5) Accessories pertaining to relatives unless they profited from the crime (Art. 20);
6) Death or physical injuries inflicted under exceptional circumstances when any
legally married person who surprised his spouse in the act of committing sexually
intercourse with another shall inflict physical injury or kill them or any of them in
the act or immediately thereafter (Art. 247);
7) Certain relatives in theft, estafa and malicious mischief provided they live under
the same roof (Art. 332);
8) Somnambulism due to lack of intelligence;
9) Mistake of fact due to lack of intent;
10) In cases of seduction, abduction, acts of lasciviousness and rape, marriage of the
offender to the offended party (Art. 344, par4)
7. GRAVITY OF THE OFFENSE
a. Grave Felonies:
1. Reclusion Perpetua
2. Reclusion Temporal
3. Prision Mayor
b. Less Grave Felonies:
1. Prision Correccional
2. Arresto Mayor
c. Light Felonies:
1. Arresto Menor
8. STAGES OF EXECUTION
a) Attempted- When the offender commences the commission of a felony directly by
overt acts, and does not perform all the acts of execution which should produce

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 the felony by reason of some cause or accident other than his own spontaneous
desistance.
b) Frustrated- When the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless, do not produce it
by reason of causes independent of the will of the perpetrator.
c) Consummated- When all the elements necessary for its execution and
accomplishment are present; the felony is produced
What it is the penalty for consummated felony?
Maximum period as provided in the RPC.

Table for Graduating Penalties:

Consummated Frustrated Attempted
Principal As provided Less 1 degree Less 2 degree
Accomplice Less 1 degree Less 2 degree Less 3 degree
Accessory Less 2 degree Less 3 degree Less 4 degree

9. DEGREE OF PARTICIPATION
1) Principal:
i) By Direct Participation
(1) That they participated in the criminal resolution;
(2) That they carried out their plan and personally took part of the execution by
acts which directly tended to the same end.
ii) By Inducement
(1) That the inducement be made directly with intention of procuring the
commission of the crime;
(2) Ill-advised language is not enough unless he made such remark or advice
is a co-conspirator in the crime committed.
• When does a principal by induction become liable?
1. Only when the principal by direct participation committed the act
induced;
2. The inducement must precede the act induced and must be so
influential in producing the criminal act that without it, the act
would not have been performed.
ii) By Indispensable Cooperation
(1) Participation in the criminal resolution, that there is either anterior
conspiracy or unity of criminal purpose and intention immediately before the
commission of the crime;
(2) Cooperation in the commission of the offense by performing another act,
without which it would have been accomplished.

2) Accomplice- are persons who not acting as principals, cooperate in the execution of
the offense by previous and simultaneous act, which are not indispensable in the
commission of the crime.
3) Accessories (see absolutory causes)
Specific Acts of Accessories:
1. By profiting themselves or assisting the offender to profit by the effects of
the crime;
2. By concealing or destroying the corpus delicti to prevent discovery;
When Accessories are punished as Principals:
1. Knowingly using counterfeited seal or forged signature or stamp of the
President of the Philippines;

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 2. Illegal possession and use of a false treasury or bank note;
3. Using a falsified document;
4. Using a falsified dispatch.
How would you prove conspiracy?
Ans: Similar to physical act constituting the crime itself, the elements of conspiracy
must be proven beyond reasonable doubt. Settled is the rule to establish
conspiracy, evidence of actual cooperation rather than mere cognizance or
approval of an illegal act is required

JUSTIFYING EXEMPTING MITIGATING AGGRAVATING ALTERNATIVE

No wrong There is a There is a There is a There is a
wrong Felony Felony Felony
No criminal No criminal Decreased Increased Increased or
liablity liablity criminal criminal liability decreased
liability criminal liability
No civil liability With civil
Except: state liability With civil With civil liability With civil liability
of necessity Except: liability
accident;
insuperable
cause

2 Kinds of Mitigating Circumstance:

1. Ordinary;
2. Privilege Mitigating:
a) Incomplete Justifying Circumstances- when the 3 requisites are not
complete it becomes an incomplete defense, thus, it constitutes as a
privilege mitigating circumstance.
b) Incomplete Exempting Circumstances:
a. Between 16-17 years of age (minority)
b. Over 70 years of age.
The following cannot be offset:
1. Privileged Mitigating;
a) Minority
b) Incomplete Justifying Circumstance
2. Special Aggravating;
a) Recidivism
b) Quasi-recidivism
c) Habitual Delinquent
3. Syndicated or organized crimes;
4. Crimes committed by a band;
5. Illegal drugs;
6. Loose firearms:
7. Qualifying aggravating

Absolute Defense of the Accused

1. Any of the essential elements of the crime charged is not proven by the prosecution
and the elements proved do not constitute a crime;
2. The act of the accused falls under any of The Justifying Circumstances;
3. The case of the accused falls under the Exempting Circumstances;

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4. The case is covered by any of the Absolutory Causes;
5. Guilt of the accused is not established beyond reasonable doubt;
6. Prescription of Crime;
7. Pardon by the offended party before the institution of the criminal action in crimes
against chastity.

Recidivism Art. Habituality Quasi- Habitual

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

COMPLEX CRIMES
Art. 48. Penalty for complex crimes. When a single act constitutes two or more grave or
less grave felonies, or when an offense is a necessary means for committing the other,
the penalty for the most serious crime shall be imposed, the same to be applied in its
maximum period.
Art. 48 requires the commission of at least 2 crimes. But the two or more GRAVE or LESS
GRAVE felonies must be
1. the result of a single act, or
2. an offense must be a necessary means for committing the other.

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Nature of Complex Crimes
a) Although two or more crimes are actually committed, they constitute only one
crime, in the eyes of the law; and in the conscience of the offender.
b) Even in the case where an offense is a necessary means for committing the other,
the evil intent of the offender is only one. Hence, there is only one penalty imposed
for the commission of a complex crime.
No complex crime when:
A. Two or more crimes are committed, but not by a single act;
B. Committing one crime is not a necessary means for committing the other (or
others). [Monteverde v. People (2002)]

TWO KINDS OF COMPLEX CRIMES

A. Compound Crime (Delito Compuesto)- A single act results in two or more grave
or less grave felonies.
Requisites:
a) That only a single act is performed by the offender;
b) That the single acts produces:
(i) 2 or more grave felonies, or
(ii) 1 or more grave and 1 or more less grave felonies, or
(iii) 2 or more less grave felonies.
B. Complex Crime Proper (Delito Complejo)
a) An offense is a necessary means for committing the other.
b) In complex crime, when the offender executes various acts, he must have
a single purpose.
c) But: When there are several acts performed, the assumption is that each
act is impelled by a distinct criminal impulse, hence each will have a
separate penalty.
Requisites:
a) That at least two offenses are committed
b) That one or some of the offenses must be necessary to commit the other
c) That both or all the offenses must be punished under the same statute.
No complex crime proper:
a) Subsequent acts of intercourse, after forcible abduction with rape, are separate
acts of rape.
b) Not complex crime when trespass to dwelling is a direct means to commit a grave
offense.
c) No complex crime, when one offense is committed to conceal the other.
d) When the offender already had in his possession the funds which he
misappropriated, the subsequent falsification of a public or official document
involving said offense is a separate offense.
e) No complex crime where one of the offenses is penalized by a special law.
f) There is no complex crime of rebellion with murder, arson, robbery, or other
common crimes (People v. Hernandez; Enrile v. Salazar).
g) In case of continuous crimes.
h) When the other crime is an indispensable element of the other offense.

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General rules in complexing crimes:
1. When two crimes produced by a single act are respectively within the
exclusive jurisdiction of two courts of different jurisdiction, the court of higher
jurisdiction shall try the complex crime.
2. The penalty for complex crime is the penalty for the most serious crime, the
same to be applied in its maximum period.
3. When two felonies constituting a complex crime are punishable by
imprisonment and fine, respectively, only the penalty of imprisonment
should be imposed.
4. Art. 48 applies only to cases where the Code does not provide a definite
specific penalty for a complex crime.
5. One information should be filed when a complex crime is committed.
6. When a complex crime is charged and one offense is not proven, the
accused can be convicted of the other.
7. Art. 48 also applies in cases when out of a single act of negligence or
imprudence, two or more grave or less grave felonies resulted, but only the
first part is applicable, i.e. compound crime. The second part of Art. 48 does
not apply, referring to the complex crime proper because this applies or
refers only to a deliberate commission of one offense to commit another
offense.
SPECIAL COMPLEX/COMPOSITE CRIMES
The substance is made up of more than one crime but which in the eyes of the law is
only
1. a single indivisible offense.
2. all those acts done in pursuance of the crime agreed upon are acts which
constitute a single crime.
Special Complex Crimes
a) Robbery with Homicide (Art. 294 (1))
b) Robbery with Rape (Art. 294 (2))
c) Robbery with Arson
d) Kidnapping with serious physical injuries (Art. 267 (3))
e) Kidnapping with rape
f) Rape with Homicide (Art. 335)
g) Arson with homicide

When crimes involved cannot be legally complexed:

1. Malicious obtention or abusive service of search warrant (Art. 129) with perjury;
2. Bribery (Art. 210) with infidelity in the custody of prisoners;
3. Maltreatment of prisoners (Art. 235) with serious physical injuries;
4. Usurpation of real rights (Art. 312) with serious physical injuries; and
5. Abandonment of persons in danger (Art. 275) and crimes against minors (Art.
276 to 278) with any other felony.

Three basic principles imposing penalties.

a. Stages of committing the crime
b. Degree of participation
c. Presence of mitigating and aggravating circumstances

Distinguish accessory penalty from principal penalty.

Ans: Principal penalties are those expressly imposed by the court while Accessory
penalties are those that are deemed included in the principal penalties imposed.

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Duration of penalties.
Reclusion perpetua 20 years and 1 day to 40 years
Reclusion temporal 12 years and 1 day to 20 years
Prision mayor 6 years and 1 day to 12 years
Prision correccional 6 months and 1 day to 6 years
Arresto mayor 1 month and 1 day to 6 months
Destierro 1 day to 30 days

What is civil interdiction?

Art. 34. Civil interdiction shall deprive 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.
Civil Interdiction is an accessory penalty to the following principal penalties:
1. Reclusion perpetua
2. Reclusion temporal

Rules for the Application of Divisible Penalty (Art. 64)

Modifying Circumstances Proper Period
a. No Aggravating and no Mitigating Medium
b. Mitigating only Minimum
c. Aggravating only Maximum
d. 2 or more Aggravating Maximum
e. Some of both circumstances present Offset and apply the foregoing
f. 2 Mitigating and no Aggravating One degree lower

Exceptions to ISL (Indeterminate Sentence Law)

1. Indivisible penalties to Reclusion Perpetua and Life Sentence;
2. Prison terms of not more than one year;
3. Crimes of Treason, Proposal or Conspiracy to Commit Treason, Misprision of
Treason, Rebellion, Espionage, Sedition, Piracy;
4. Offenders who are Habitual Delinquents, escapees from confinement, eveders of
sentence, violators of pardon granted by the Chief Executive;
5. Non-prison sentences of Destierro, disqualification, fine, etc.

PROBATION
Subject to the provisions of this Decree, the trial court may, after it shall have
convicted and sentenced a defendant and upon application by said defendant within the
period for perfecting an appeal, suspend the execution of the sentence and place the
defendant on probation for such period and upon such terms and conditions as it may
deem best: Provided, That no application for probation shall be entertained or granted if
the defendant has perfected the appeal from the judgment of conviction.
Probation may be granted whether the sentence imposes a term of imprisonment
or a fine only. An application for probation shall be filed with the trial court. The filing of
the application shall be deemed a waiver of the right to appeal.
An order granting or denying probation shall not be appealable. Application for
probation is the same as within the reglementary period provided for filing an appeal.
The grant of probation does not extinguish the civil liability of the offender.

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Disqualified offenders
Probation under PD No. 968, as amended, is intended for offenders who are 18
years of age and above, and who are not otherwise disqualified by law.
Offenders who are disqualified are those:
1. Sentenced to serve a maximum term of imprisonment of more than six
years;
2. Convicted of subversion or any offense against the security of the State, or
the Public Order;
3. Previously been convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/or a fine of not
more than 200 Pesos, or more;
4. Who have been once on probation (available only once)
5. Serving the sentence when the law took effect;
6. Who have perfected an appeal.

Causes of Total Extinction of Criminal Liability

1. Death of the convict;
2. Service of sentence;
3. Amnesty;
4. Absolute Pardon;
5. Prescription of Crime;
6. Prescription of Penalty;
7. Marriage of the offended woman in Seduction, Abduction, Rape or Act of
Lasciviousness;
8. Express repeal of penal law.
Causes of Partial Extinctions
1. Conditional Pardon;
2. Commutation of sentence;
3. Good Conduct Allowance (R.A. 10592)
4. Special time allowance for loyalty under Article 98 with amendments by RA 10592
5. Parole under the ISL
6. Probation
7. Implied repeal or amendment of penal law lowering the penalty.

Article 90. Prescription of crime.

o Crimes punishable by death, reclusion perpetua or reclusion temporal shall
prescribe in twenty years.
o Crimes punishable by other afflictive penalties shall prescribe in fifteen years.
o Those punishable by a correctional penalty shall prescribe in ten years; with the
exception of those punishable by arresto mayor, which shall prescribe in five years.
o The crime of libel or other similar offenses shall prescribe in one year.
o The crime of oral defamation and slander by deed shall prescribe in six months.
o Light offenses prescribe in two months.
o When the penalty fixed by law is a compound one, the highest penalty shall be
made the basis of the application of the rules contained in the first, second and
third paragraphs of this article.

ACT 3326
PENALTY PRESCRIBES IN

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 a. Fine 1 year
b. Imprisonment not more than 1 month 1 year
c. Imprisonment more than 1 month but less than 2 years 4 years
d. Imprisonment for 2 months but less than 6 years 8 years
e. Imprisonment for 6 years or more 12 years
f, Treason 20 years
g. Violations of Municipal Ordinances 2 months
Additional prescription periods as provided for by RA 3763
Internal Revenue Law offenses 5 years
Regulations or conditions of certificate of convenience of 2 months
public service commission

❖ Prescription of penalty commences when the convict escapes from detention or

evades the service of hi sentence. Evasion or escape is condition precedent to the
running of the period. The tolling of the period occurs when he commits another
crime, or is captured, or goes to another country with which the Philippines has no
extradition treaty.

RA 10592 amending Art. 29, 94, 97, 98 and 99 (Good Conduct Allowance)
Art. 97:
1. During the first two years of imprisonment…deduction of 20 days for each month
of good behavior, during detention;
2. During the 3rd to the 5th year inclusive, of his imprisonment…reduction of 23 days
for each month;
3. During the following years until the 10th, inclusive of his imprisonment…deduction
of 25 days for each month;
4. During the 11th successive year of his imprisonment…deduction of 30 days for
each month; and
5. At any time during the period of imprisonment, he shall be allowed another
deduction of 15 days, in addition to numbers 1 to 4 thereof, for each month of
study, teaching or mentoring service time rendered.
An appeal by the accused shall not deprive him of entitlement to the above allowances of
good conduct.

Art. 98 Special time allowance for loyalty:

a) A deduction of 1/5 of the period of his sentence if the prisoner gives himself up to
the authorities within 48 hours following the issuance of a proclamation announcing
the passing away of a calamity or catastrophe;
b) Deduction of 2/5 if the prisoner chose to stay in confinement notwithstanding the
existence of a calamity or catastrophe.

The benefit of Art. 97 is extended to detention prisoners except:

1. Recidivist or convicted previously twice or more of any crime;
2. When upon being summoned for the execution of their sentence, they failed to
surrender voluntarily;
3. Habitual delinquents, escapees, and persons charged with heinous crimes added
by RA 10592 as excluded from the coverage of this provision.

Art. 100-113 Civil Liability

Prepared by Jom Sonny Ilao

How is civil liability extinguished?
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

Article 2176. Whoever by act or omission causes damage to another, there being fault
or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is
no preexisting contractual relation between the parties, is called a quasi-delict and is
governed by the provisions of this Chapter.
Article 2180. The obligation imposed by article 2176 is demandable not only for one's
own acts or omissions, but also for those of persons for whom one is responsible.
o The father and, in case of his death or incapacity, the mother, are responsible for
the damages caused by the minor children who live in their company.
o Guardians are liable for damages caused by the minors or incapacitated persons
who are under their authority and live in their company.
o The owners and managers of an establishment or enterprise are likewise
responsible for damages caused by their employees in the service of the branches
in which the latter are employed or on the occasion of their functions.
o Employers shall be liable for the damages caused by their employees and
household helpers acting within the scope of their assigned tasks, even though the
former are not engaged in any business or industry.
o The State is responsible in like manner when it acts through a special agent; but
not when the damage has been caused by the official to whom the task done
properly pertains, in which case what is provided in article 2176 shall be applicable.
o Lastly, teachers or heads of establishments of arts and trades shall be liable for
damages caused by their pupils and students or apprentices, so long as they
remain in their custody.
The responsibility treated of in this article shall cease when the persons herein mentioned
prove that they observed all the diligence of a good father of a family to prevent damage.
What is reparation?
Art. 106. Reparation.-How made. The court shall determine the amount of damage,
taking into consideration the price of the thing, whenever possible, and its special
sentimental value to the injured party, and reparation shall be made accordingly.

What is restitution?
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 as
determined by the court. 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. This provision is not
applicable in cases in which the thing has been acquired by the third person in the manner
and under the requirements which, by law, bar an action for its recovery.

What is indemnification?
Art. 107. Indemnification — What is included. Indemnification for consequential
damages shall include not only those caused the injured party, but also those suffered by
his family or by a third person by reason of the crime.

Prepared by Jom Sonny Ilao

Prepared by Jom Sonny Ilao