Criminal Law punished act is lpunishing the act, it

(Book I) wrongful in its very I cannot be considered a

or I wrong. Hence, the mere
Definition of criminal law

Criminal iaw is that branch or division of

law which defines crimes, treats of their
nature, and provides for their punishment
(Luis B. Reyes,ReaisedPenal Code,Ctiminal
Laus,BookOne,2012ett.,p. 1.).

Difference between lna.lo in se a d ftlelq

ptohibite

Mala in se Mala prohibita

An acl mala in se is An act mnla prohibita is
wrong from its very wrong merely becauseit
nature as those is prohibited by statute.
felonies punished
in the Revised
PenalCode (RPC).
Crimes mata in se Crimes malaprohibitaare
are those so serious violations of mere rules
in their effects on of convenience
society as to call for designed to secure a
almost unanimous more orderly regulation
condermation of its of the af{airs of society
members. (Bou'oier's Lazn
Dictionary, Rawle's 3rd
Reuision).
In its commission, Criminal intent is
intent is an elernent imrnaterial where the
and good faith is a acts are prohibited for
defense. reason of public policy,
as in illegal possession
of ffuearms (People z:. Criminal Lazo,Antonio L.
Conosaand CA, 45 O.G. , 2008ed, p.1-5).
3953).
The term mala in se The term mala prohibita Construction of penal laws
refers generally to refers generally to acts
felonies defined rnade criminal by Penal laws are strictly conshrredagainstthe
and penalized speciallaw- government and liberally in favor of the
under the RPC. accused(U.S. a. AbnelSantos,36 PhiI. 243).
When the acts are The rule that penal statutes should be
inherentiy immoral, strictly construed against the state may be
they are mala in se, invoked only where the law is ambiguous
even if pupished by and there is doubt as to its interpretation.
speciallaws. Where the law is clear and unambiguous,
So, although as a An act mala prohibitais there is no room for the application of the
rule, special laws wrong because it is rule (People
u. Gatchalian,104Phil.554).
punish acts that are .prohibited by law.
malaprohibita,tI the Without the law

Page1 of 29

Scopeof application and characteristics
of the Philippine criminal law
1. Generality
This characteristic is mainly based from
Arricle 14 o{ the New Civil Code which
provides: "Penal laws and those of public
The rule of the general application of penal
Iaws does not apply to those cases so
provided by public international law (Art
74,New Ciail Code),bytreaty stipulations or
by a law of preferential application. Under
the principle of public intemational law,
sovereigns or head of states, ambassadors,
ministers plenipotentiar.y and ministers_
residen! chargesd'ffiit s and attaches are
exempt from criminal proseclltion
(Fuudamentnlsof Crimiml Lnzu,Antonio
L.
Gregorio,2008ed.,p. 5).
2. Territoriality
The principle of territoriality means that as
a rule, penal laws of the philippines are
enforceableonly withil its territory (Luls B.
Reyes,Rer.tised
PenalCode,Criminal Laz.o,Boolc
a. should commit an offensewhile on a
Philippine ship or airship;
b. shouid forge or counterfeit any coin
or currency note or obligations and
securities issued by the philippine
Govemment;
c. shouid be liable for acts connected
with the introduction into the
courltry of the obligations and
securitiesaforestated;
d. while being public officers or
employees, sh6u1d commit an
r \JT bAK KT VTtW'IKs
offense in the exercise of their
fuirctions, and
e. should commit any of the crimes
againstnational security and the lalt
of nations (SeeArt 2, Reaisedpenal
Code[RpC]).
3. Prospectivity
Prospectivity implies thai a penal law
camot make an act punishable in a rnanner
in which it was not punishable when
committed. As provided in Article 366 of
the Revised penal Code, cnmes are
punished under the laws in force at the time
of their commission (lzris B. Retles,Reuised
PenalCode,Criminnl Law, BaokOne,2012ed.,
p. 1.4).
Guidelines:
1. A penal law does not have a retroactlve
effecf
2. If favorabie to the accused,a penal law
may be given retroactive effect;and
3. Even if favorable to the accusecl,a penal
law cannot be given retroactive effect if
the accusedis a habitual delinquent or
the 1aw so expressly provicles
(Ftmd.amentalsoJCriminal Lazo,Antonio L.
Gregorio, ed.,p 8).
-2008
Effects of repeal of penal laws
1. If the repeal makes the pennltrllighter n
the new law, the new law shall be
applied, except when the offender is a
habituai delinquent or r,r.henthe new
Iaw is made not applicable to pending
actronor existing causesof action.
2. lf the new law imposesa henuieipenalty,
the law in force at the tirne of the
commission oI the offense shaIl be
applied.
3. If the new law totally repeals the
existing law so that the act which was
penalized under the old law is no longer
Page2 of ?9
 l l\JrvlE \-rr I I IE
punishable,the crime is obliterated (Luis
B. Reyes,ReaisedPenal Codl, Crininal
Law,BookOne,2012ed.,p. 15).
Constitutional limitations on the power of
Congressto enact penal laws in the Bill of
Rights
1. Equal protection and due process
No person shall be deprived of life, Iiberty
and property without due process of law,
nor shall any person be denied the equal
protection of the laws (Sec.1.,Art. m, 1987
Constitutionof theRepublicof thePhilippines).
2. Non-imposition of cruel and unusual
punishment or excessivefines
Art. III, Section 19 of the 1987 Constitution
provides that:
a. Excessivefines shall not be imposed
nor cruel, degrading or inhuman
punishment inflicted. Neither shall
death penalty be imposed unless,for
compelling reasons involving
heinous crimes, the Congress
hereafter provides for it. Any death
penalty imposed shall be reduced io
reclusionperpetua.
b. The employment of physicaf
psychological or degrading
punishmentagainstany prisoner or
detainee or the use of substandard
or inadequate penal facilities under
subhuman conditions shail be dealt
with by law.
In June 24, 2006, President Gloria Arroyo
signed R.A. 9346 (An Act Prohibiting tlrc
Impositionof DenthPenaltyin the Philippines).
It provides:
The imposition of the penalty of death is
hereby prohibited. Accordingly, R A.
8177 (Act Designating Death by Lethal
Injectibn) is repealed. R.A. 7559 (Death
Penalty Law), and all other laws,
executive orders and decrees,insofar as
they impose the death penalty are
l\,41, t t\_rl\ D I \Jr D-.1.I\ I\E v tE vv f,I\J
repealed or amended accordingly (Sec.
1.,R.4.9346).
In lieu of the death penalty, the following
ch;ll hp irnnncp.l'
a. lhe penalty of rcclusionpcryctun,
when the law violated makes use o{
the nomenclature of the penalties of
the RPC;or
b. the penalty of hle irnprisonment,
when the law violated does not
make use of the nomenclatureof the
penalties of the RPC (Sec.2, R.A.
9345).
3. Bill of attainder
A biii of attainder is a legislative act which
inflicts penalty without judicial h.ial
(Fundamentnlsof Criminal Law, Antonio L.
Gregorio,2008ed.,p, 2). It is based on Article
III, Section 22 of the 1987 Constitution
whicll provides that "no ex post fccto law or
bill of attnindershallbeenncted.
4. Ex post facto law
An expostfactolaw is one which:
a- makes crimrnal an act done before
the passage of the law and which
was irulocent when done, and
puniihes such an act;
b. aggravates a crirne, or makes it
greater thal it was when committed;
c. changesthe punishment and inflicts
a greater punishment than the law
amexed to the crirne when
committed;
d. alters the legal rules of evidiince,and
authorizes conviction upon less or
different testrmony than the law
required at the time of the
commission of the offense;
e. assuming to regulate civil rights,
and remedies only, in effect imposes
Page3 of 29
 ^! Y tE VV !I\;t

penalty or deprivation of right for

One,2012ed.,p. 34).
something which when done was Requisites: Requisites:
lawful;
a. He must have a. He must have
FREEDOM FREEDOM
deprivesa personaccusedof a crjme while doing an whiie doing an
of some Iawful protection to which
act or omitting act or omitfing
he has become entitled such as the to do an act; to do an act
protection of a former conviction or b. He must have b. He must have
acquitial, or a proclamation of INTELLIGENCE INTELLIGENCE
amnesty (Fundamenttls o;f CriminaI while doing the while doing the
Lau:, Antonio L. Gregorio,2005 ed, act or omitting act or omitting
p 2). to do an act; to do tire acf
c. He must have c. He is
Felonies INTENT while IMPRUDENI
doing the act or NEGLIGENT
Definition
omitting to do OR LACKS
the act (Luis B. FORESIGHTOR
Feloniesare acts and omissions punishable
Reyes, Reaised SKILL while
by the RevisedPenal Code (Article 3, Reuised Penal Code, doing the act or
PenalCode)
Criminal Lau, omitting to do
Book One, 2012 an act. (lul.s B,
Classifications of felonies etL.,p. 40). Reyes, Reuiserl
renql code,
1. According to the manner by which
Criminal Law,
felonies are committed, Article 3 of the
Book One, 2012
Revised Penal Code classifies felonies,
ed.,p. 50).
into (a) intentional felonies, and (b)
culpable felonies. It states that felonies 2. According to the stages o{ commission
are comrnitted not only by means of
of felonies, Article 6 of the Revisecl
deceit (dolo)but also by means of fault
Penal Code classifies felonies into, (a)
(culpa).
consummated felonies, (b) frushated
felonles,and (c) attempted felonies,
Intentional felonies Culpable felonies
The act or omission The act or omission Consummated Frustrated Attempted
of the offender is of the offender is not felonies felonies felonies
malicious. In the malicious. The \A/hen all the When the When the
language of Article injury causedby the elements offender offender
3, the act is offender to another necessary {or performs all conunences
performed with person its execution the acts of the
deliberate intent "unintentionai, it and execution commlsslon
(with malice). The being simply the accompiish- which would of a felony
offender, in incident of another ment are produce the directly by
performing the act act performed present. felony as a overt acts,
or in incurring the r.r.ithout malice." consequence and does not
omission, has the The wrongful act
but whicll perform all
mtention to causean results from nevertheless, the acts of
injury to another.
do not execution
negligencg lack of
produce it by r.thich
foresight or lack of
reason of should
skill (Inis B. Reyes,
causes produce the
Reaised Penal Code,
independent felony by
Criminal Lazu, Boolt
of the will of reason of

Page4 of 29
 nrJrvlr, \Jr InE t\-at l t\rt\ J l(Jr |'Al( t(tvltwr,xD

the I some cause natural and logical consequenceof

perpetrator. I o. accident the felony committed.
other than
his There is no intentional felony
spontaneous when the act or omission is not
desistance purrishable by the Revised Penal
(Article 6, Code and when the act is
ReuisedPenal covered by any of the justifying
Code). circumstancesin Article 11 of the
RevisedPenalCode.
3. According to the degree of commission
oI felonies. Article 9 of the Revised Any person who creates rn
Penal Code classifies felonies into, (a) another person's mind an
grave felonies, (b) less grave felonies, immediate sense of danger,
and (c) light felonies. which causes the latter to do
something resulting in the
Grave Less grave Light Iatter's injuries is liable for the
felonies felonies felonies resulfing nluries (Peopleas.Page,
Grave Less grave Light 77 SCRA348).
felonies felonies are felonies are
those those which those Proxirnate cause is that, which,
which the the law infractions in the natural and continuous
Iaw attaches punishes of law for sequence, unbroken by any
the capital with the efficient intervening cause,
punishment penalties commission produces the injury without
or penalties which in of which the which the result would not have
which in their penalty of occulted.
any of their maximum arfestonlenor
periods are period are or a fine not It is settled that anyone inflicting
afflictive. correctional. exceeding injuries is responsible for all the
200 pesos,or consequencesof his criminal act such
both, as death that supervenes in
provided consequenceof the injuries. The fact
(Article 9, that the injured did not receive proper
Rez.ised Penal medical attendance would not affect
Code) the offender's criminal responsibility.
The rule is founded on the practical
Elements of criminal liability policy of closing to the wrongdoer a
convenient avenue of escapefrom the
just consequencesof his wrongfuI act.
Article 4 of the Revised Penai Code
provides for two instances when criminal If the rule were otherwise, many
liability shail be incurred: criminals could avoid just accounting
for their acts by merely establishing a
1. Crirninal liability for a felony different doubt as to the immediate cause of
from that which is intended. The death (People a. Acuram, G.R. No.
requisitesare: 1.179s4,27 April 2000).

_l
a. ,That an intentional felony has been iv. Thus, the person is still
committed; and criminally iiable although the
wrongful act done be different
b. That the wrong done to the from that which he intended:
aggrieved party be the direct,

Page5 of 29
 a) Effor in personaeor mistake
in the identity of the victim
(SeeArt. 49, RPC).
b) Abberatio lcfus or mistake in
the blow (See Art. 48 on
complexcrimes,RPC).
c) Ptaetet intentionem or
injurious result is greater
than that intended (Art. 13,
RPC).
2. Impossrblecrimes. The requisites are:
a. That the act performed would be an
offenseagainstpersons or property;
b. That the act was done with evil
intent;
c. That its accomplishment is
inherently impossible, or that the
means employed is either
inadequateor ine{fectual;and
d. That the act performed should not
constitllte a violation of another
provision of the RPC.
There is no attempted or frustrated
impossiblecrime. It is always consummated
and applies only to grave or less grave
felonies.
Stagesof execution
Under Article 6 of the Revised Penal Code,
there are three (3) stagesof execution.These
are the following:
1. In consummated stage, all the elements
necessary for its execution and
accomplishmentare present.
2. Lr the frustrated stage, the offender has
performed all the acts of execution to
produte the felony as a consequencebut
the crime does not result due to some
cause independent of the will of the
offender.
There are crimes which do not admit of
a frustrated stage. They are those
whiclr, by the definition of a frustrated
felony, the o{fender cannot possibly
perform all the acts of executionto bring
the desired result without
consummating the offense,such as:
a. Rape, since the gravarnen of the
of{ense is carnal knowledge. Hence,
no matter how sliglit the penetration
is, the felony is consummated;
b. Indirect bribery, because it is
committed by acceptinggifts offered
to the public officer by reasonof his
office. I{ he does not accept,he does
not commit the crime. If he accepts,
it is consummated;
c. Corruption of public officers,
because the offense requires the
concunence of the will of both
parties, such as that when the offer
is accepted, the offense is
consummated.But when the offer is
reiected, the offense is merely
attempted;
d. Adultery, becausethe essenceoI the
crime is sexualcongress;
e. Physical injury, since it calxlot be
determined whether the injury wili
be slighf less serious or sellous
unless and until consummated;and
f. Theft, because the unlawful taking
imrnediately consummates the
offense and the disposition of the
thing is not an element thereof.
3. In the atternpted stage, the offender
begins the conrmission of the felony by
direct overt acts but does noi perform
all the acts of execution which should
producethe ielony as a consequence by
reason of some cause or accident other
than his own spontaneous desistance
(Fundamentals of Criminal Law,Antonio L.
Gregorio,2008ed.,p. 26).
Page5 of 29
Conspitacy and proposal
1. Conspiracy exists when two or more
persons come to an agreement
conceming the commission o{ a felony
and decide to commit it (Art. 8, par. 2,
RPC).
2. Proposal exists when a person has
decided to commit a felony and
proposes its execution to some other
person or persons(Art. 8, par.3, RPC),
3. As a general rule, mere conspiracy or
proposal to commit a felony is not
punishable since they are <-rnly
preparatory acts.The exception is where
the law specifically provides a penalty
therefor.
4. The doctrine of irnplied conspiracy
holds two or more persons participating
in the commissionof a crime collectively
responsibleand liable as co-consplrators
although absent any agreement to that
effecf when they act in coltcert,
demonskating unity oI criminal intent
and a common purpose or objective.
The existence of a conspiracy sha1l be
inferred or deduced from their criminal
participation in pursuing the crime and
thus the act of one shall be the act o{ all
(Peopleu. Musa, G.R. 137042,lune 17,
2003).
Proof of the achral agreementto commit
the crirne need not be direct because
conspiracy may be implied or inferred
from therr acts (Peoplezt. Valdez, G.R.
L75602,February13,2013)
There may even be conspiracyeven if an
offender does not know the identities of
the other offenders and even though he
is not aware of aII the details of the plan
of operation or was not in on the scheme
from the beginning. One needs only to
knbwingly contribute his e{forts in
furtherance of it. One who joins a
criminal conspiracy in effect adopts as
his own the crimina] designs of his co-
conspuarors.
Multiple offenders
(differences,rules, ef fects)
1. Recidivism (Art. 14,par. 9, RPC)
A recidivist is one, who, at the time of his
trial for one crime shall have been
previously convicted by final judgment of
another crime embracedin the same title of
the Revised Penal Code (Fundantentalsof
CriminalLazn,Gregorio,2008 bd.,p. 162).
A recidivist is entitled to the benefits of the
Indeterminate Sentence Law but is
disqualified from availing credit oi his
preventive imprisonment.
If both offenses were committed on the
same date, they shall be considered as only
one. llence, they cannot b'e separately
counted il order to constitute recidivism.
Also, judgments of conviction handed
down on the same day shall be considered
as only one conviction.
Recidivism must be taken into accotult no
matter how many years have intervened
between the first and secondfelonies.
2. Habituality or Reiteracion
(Art. 14,par.10,RPC)
In reiteracion,it is essentialthat the offender
be previously punished that is, he has
served the sentence,for an offensein which
the law attaches,or provides for an equal or
greater penalty than that attachedby law to
the second offense, or for two or more
offensesin which the law attachesa lighter
penalty. Reiteracionis also called habituality.
The trvo offenses are not embraced in the
title of the RevisedPenal Code.
Reiteracionrequires that the offender shall
have served out his sentencefor the prior
offense.If the two offensesare embracedin
the same title of the Code, irrespectiveof
whether the law attachesa greater penalty
for the first offense, recidivism and not
rciteracion is present (Fundamentals
"f
CriminalLaw,Gregorio,2008 ed.,p. 165,).
Page7 of 29
 Reiteracion Recidivism jeopardy since it is not igrposed for the
It is necessarythat It is enough that a same offensebut for the moral depravity of
the offender shall final judgment has the accused.
have served out his been rendered in
sentence for the the first offense. Habitual
first offense. Recidivism
delinquency
The previous and It requires that the The crimes are It is sufftcient that
subsequent offenses be specified. tire accused, on the
o{fenses must not included in the date of his trial, shall
be embraced in the same titie of the have been
same title of the RPC. previouslv convicted
RPC. by final judgment of
It is not always an It is always to be another crirne
aggravatmg taken into embraced in the
c1Icumstance. consideration in same title.
fixing the penalty The offender is No period of time
to be imposed found guilty within between the former
upon the accused. ten (10) years from conviction and the
his last releaseor last last conviction.
3. Quasi-recidivism (Art. 160,RPC) conviction.
The accusedmust be The second offense
Quasi-recidivism is a special aggravating found guilty for the is for arr offense
circumstance where a person, after being thild time or oftener found in the same
convicted by final judgment, shal1commit a of the crimes title of the RPC.
new felony before beginning to serve such specified.
sentence, or while serving the same. It An additional If not offset by a
cannot be offset by ordinary mitigating penalty is also mitigating
circumstances.It does not require that the imposed. circumstance,it
offensefor which the convict ii servineand servesto increasethe
the new felony committed be embracedin penalty only to the
the sametitle of the RevisedPenal Code. maxtnum,

4. Multi-recidivism or habitual Complex crimes vs. special complex crimes

delinquency (Art. 62,par. 5, RPC)
Specialcomplex
A culprit is a habitual delinquent if within Complexcrimes
crimes
ten (10)years from the date of his releaseor There is a complex Special complex
last conviction of the crime of seriousor less crime when a single crimes are those
serious physical injuries, robbery, theff act constitutes two which are treated as
estafaor falsification, he be found guilty of or more grave or single indivisible
any of said crimes a third time or oftener. lessgrave felonies or offenses although
A habitual delinquent is sometimes called a when an offense is a comprising more
multi-recidivist. This applies if al1 the necessarymeans for than one specific
crimes are embracedin the same title of the committing the crime and with
Code like robbery, theft and estafa(Gregorio, other. ln a complex specific peiialty, Le.,
Fundamentalsof Crimin Law, 2008 ed., p. crime, although two rape with homicide,
300). or more crimes are kidnapping
! with
actually committed, homicide,
The iinposition of additional penalty for they constitute only kidnapping with
habitual delinquency is constihrtional one crime in the rape, robbery wiih
becauseit is neither an ex postfacto law nor eyes of the law as homicide, robbery
does its imposition constitute double well as in the with rape, robbery

Page8 of 29
 I I\JIYIE \-'T -1I lE I\.'A I IL/I\ J I \-'T Dfl.I\ f\LY IT- YY L^J

conscience of the with arson, and c. Lack of sufficient provocation on the

offender. The arson with part of the person defending himself
offender has oniy homicide. (People u. Uribe, 182 SCRA 624,
one criminal inteng Eebruary25, 1990)
hence, there is only
one penalty imposed Notes:
for the commission
of a complex crime 1 . It is a statutory and doctrinal
(Reyes,ReaisedPenal requirement that for justifying
Code, 2006 ed., p. circumstance of self-defense, the
659). presenceof unlawful iggression is a
When a single act Article 48 does not condition sine qua non. There can be no
constitutes two or apply when the 1aw self-defense, complete or incomplete,
more gravC or less especially considers unless the victim has committed an
grave felonies, or two or more crimes ullawful aggressionagainst the person
when an offenseis a cinolo An.l defending hirnself (Peopleu. Sazon,189
necessarymeans for indivisible and SCRA700,September 18,1.990).
committinB the provides a speci{ic
other, the penaity penalty therefor. For the accused to be entitled to
for the most serious Robbery with exoneration based on self-defense or
crime shall be homicide is not a de{ense of relatives, complete or
imposed, the same complex crime but a incomplete, it is essential that there be
to be applied in its single and unlawfuI aggressionon the part of the
maximum period indivisible felony by victim, for if there is no unlawful
(Reyes,ReuisedPenal a specific provision aggression,there wouid be nothing to
Code, 2006 ed, p. of a law (Art. 294, preverlt .rr ropel r PeL,plc
t. Crcdo,et.nl.,
659). par. 1, RPC) or a G.R.1,97360, luly 3, 2013).
special complex
crime. 3. There is unlawful aggressionwhen the
peril to one's 1iJe,limb or right is either
Circumstanceswhich aflect actual or immlrent. There must be
criminal liability actual or physical force or actual use of
weapon (Reyes,ReaiserlPenalCode,2008
ed.,p.L51)
fustifying circumstances(Art. 11, RPC)

,A' slan on fhe f,rce is urlawful

Justifying circumstances are those where "'*r
the act of a person is said to be in aggression.The act of slapping another
accordancewith law, so that sudr person is constituted the use of force qualifying
deemed not to have transgressed the law an unlawfuI aggression.It is a physical
and is free from both criminal and civil assault coupled with a wiifuI disregard,
liabllity (Reyes,ReuisedPenal Code,2008 ed., nay, defiance, o{ an individual's
personality. It may, therefore, be
P.145).
frequently regarded as placing in real
A. Self-defense danger a person's dignity, rights and
safety (Peoplea. Sabio,GR no. L-23734,
Requisites: April2T, 1967)
!

a. ' Urilawful aggression; 5. There is no unlawful aggression when

there is an agreement to fight (Reyes,
b. Reasonablenecessity of the means Reaised PennlCode,2008ed.,p.L64)
employed to prevent or repel it; and

Page9 of 29
A.1. Anti-Violence against Women and
their Children Act ot 2004(R.A. 9262)
1. "Battety" refers to an act of inflicting
physical harm upon the woman or her
child resulting to physical and
psychologicalor emotional distress (Sec.
3, R.A.9262).
"Battered woman syndrome,,refers to a
scientifically-defined pattem of
psychologicaland behavioral symptoms
found in women living in battering
relationships as a result of cumulative
abuse(tl.A. 9262).
2. Battered woman stlndromeas a de;fense
Victim-survivors who are found by the
courts to be suffering from battered
woman syndrome do not incur any
criminai and civil liability
notwithstanding the absenceof any of
the elements for justifying
clrcumstancesof self-defenseunder the
RevisedPenalCode (Sec.26, R.A 9262).
3. In the determination of the state of mind
of the w-ornanwho was suffering from
battered woman syndrome at the time
of the commission of the crime, the
courts shall be assisted by expert
psychiatrists/psychologists.
The battefed woman syndrome
1. A batteredwoman has been defined as a
woman "who is repeatedly subjectedto
any forceful physical or psychological
behavior by a man in order to coerceher
to do something he wants her to do
without concem for her rights. Battered
women include wives or women in ar-ry
form of intimate relationship with men.
Furthermore, in order to be classi{iedas
a battered woman, the couple must go
through the battering cycle at least
twlce. Any woman may find hersell in
an . abrlsive relationship lr,,ith a man
once. If it occurs a second time, and she
remains rn the situation, she is defined
as a batteredwoman.,,
Battered women exhibir cofirmon \
personality traits, such as low self_
esteem, traditional beliefs about the
home, the family and the female sex
role; ernotional dependence upon the
dominant rnale; the tendency to accept
responsibility for the batterer,s actions;
arrd falsehopes that the relationship will
lmProve.
3. More graphically, the battered woman
syndrome is characterized by the so_
called "cycle of violence,,, which has
three phases: (a) the tenslon-building
phase; (b) the acute battering incidenf
and (c) the tranquif loving (or, at least,
nonviolent) phase.
During the tension-buildingphase,rninor
battering occurs -- it could be verbal or
slight physical abuseor another form of
hostile behavior. The lvontan usuallv
tries to paciJvtlre bdttererthrough a
shorv of kind, nurturing behavior; or bv
simply 'Laying out ot his rvar. What
actually happens is that she allows
herself to be abused in r,tays that, to her,
are comparatively minol. All she wants
is to prevent the escalation of the
violence exhibited by the batterer:,Thrs
wish, however, proves to be double_
edged, because her ',placatory,, ar-rd
passive behavior legitimizes his belief
that he has the right to abuseher in the
first plaie.
llowever, the techniquesadopted by the
woman in her effort to placate hjm are
not usually successful, and the verbal
and/or physical abuse worsens. Each
partner senses the imrninent loss of
control and the growrng tension and
despair. Exhausted {rom the persistent
stress, the battered woman soon
withdraws emotionally. But the more
she becomes emotionally unavailable,
the more the batterer becomes angry,
oppressive and abusive. Often, at some
unpredictable point, the violence
"spirals out of control" and leads to an
acutebattering incident.
Page10 of 29
 't
The acutebatterin1incidentis said to be
characterized by brutality,
destructivenessand, sometimes, death.
The battered wom:rn deems this
incident as unpredictable, yet also
inevitable. During this phase,shehas no
control; only the batterer may put an
end to the violence. Its nature can be as
unpredictable as the time of its
explosion, and so are his reasons for
ending it. The battered woman usually
realizes that she cannot reason with
him, and that resistance would only
exacerba+e her condition.
At this stage, she has a sense of
detachment from the attack and the
terrible pain, although she may later
clearly remember every detail. Her
apparent passivity in the face of acute
violence may be rationalized thus: the
batterer is almost always much stronger
physically, and she knows from her past
painful experience that it is futile to
fight back. Acute battering incidents are
often very savage and out of control,
such that irrnocent bystanders or
lntervenersare likely to get hurt.
The final phase of the cycle of violence
begins when the acutebattering incident
ends. During this trnnquil period, the
couple experience profound relief. On
the one hand, the batterer may show a
tender and nurturing behavior towards
his partner. He knows that he has been
viciously cruel and tries to make up for
it, begging for her forgiveness and
promising never to beat her again. On
the other hand, the battered wolnan also
tries to convince herself that the battery
will never happen again; that her
parhrer will chalrge for the better; and
that this "good, gentle and caring man"
is the real person whom she loves.
4. A battergd woman usually believes that
she ip the sole anchor of the emotional
stability of the batterer. Sensing his
isolatron and despair, she feels
responsiblefor his well-being. The truth,
though" is that the chances of his
' \''r Lrfll\ I\ME'VVf II'J
reforming, or seeking or receiving
professional help, are very slim,
especially if she remains with hirn.
Geireraliy, only after she leaves him
does he seek professionalheip as a way
of getting her back. Yet, it is in this
phase of remorseful reconciliation that
she is most thoroughly tormented
psychologically (Peopleu. Genosn,G.R.
No. 135981, lanuary1_5,2004).
B. Defense of Relatives
Requisites:
a. Uulawful aggression;
b. Reasonablenecessity of the means
employed to prevent or repel iq and
c. In casethe provocation was given by
the person attacked,the one rnaking
a defensehad no part thercin (People
a. Eduatte,G.R. no.72976, JuIy 9,
1990).
Notes:
1. Relativesthat can be defended:
a. Spouse;
b. Ascendants;
c. Descendants;
d. Legitimate, natural or adopted
brothers and sisters, or relatives by
af tinity in the samedegree;and
e. Relatives by consanguinity within
the fourth civil d egree(Reyes,Rerised
PenalCode,2008ed, p. 195).
With regard to the third requisite,
although the provocation prejudices the
person who gave iN its effects do not
reach the defender who took no part
therein, because the latter was
prompted by sorne noble or generous
sentiment in protecting and saving a
relanve Ibid., p. 198).
Page11 of 29
 3. The fact that the relative defended gave
provocation is imrn aterial (Ibid)
C, Defense of stranger
Requisites:
a. Unlawful aggressiory
b. Reasonablenecessity of the means
employed to prevent or repel i! and
c. The person defending be not
indgced by revenge, resentment, or
o&er evil rnotle (peoplea. Moral,
132 SCRA474,October12, 1984)
Notes:
1. The Revised penal Code requires that
the defenseof a stranger be actuatedby
a disinterested or generous motrve,
when it puts down ..revenge,
resentment, or other evil motive,, as
illegitimate (Reyes,Reuisedpenal Code,
2008ed.,p. 200).
2. Fumish.inga weapon Lo one Ln serious
danger of being throttled is defense of
stranger (US a. Subingsubing,3l phil
376).
D. Avoidance of greater evil or injury
Requisites:
a. That the evil sought to be avoided
achrally exists;
b. That the injury feared be greater
than that done to avoid it;
c. That there be no other practical and
less harmful means of preventing it
(Art. 11-par.4,Reaisedpenal Code).
Notes:
"i
1. Altliough as a rule, there is no civil
liability in justifying circumstances, it is
only in paragraph 4 of Art. 11 where
there is civil liability, but the civil
liability is bome by the persons
benefited (Reyes,ReaisedpenalCode,200g
ed.,p. 204).
2. The persons for whose benefit the harm
has been prevented shall be civilly liable
tn proportion to the benefit which they
may have received (Art. 101, Reuised
PenalCode).
E. Fulfillment of duty or' lawful exercise
of right or office
Requisites:
a. That the accused acted in the
performance of a dufy or in the
lawfuI exerciseof a right or office;
b. That the injury causedbr the offense
committed be the necessary
consequenceof the due performance
of duty or the lawful exerciseof such
right or office (people u, Oanis, 69
SCRA172,lanuary 30,1976)
Notes:
1. Although an officer in making an arrest
is justified in usrng force as is
reasonably necessary to secure and
detain an offender, overcome his
resrstance,prevent his escape,recapture
him if he escapet and protect himself
from bodily harm, yet he is never
justified in using urnecessaryforce or in
treating him with wanton violence, or in
resorting to dangerous means when the
arrest could be effected othetwise
(Rtyes, ReaisedPenal Code, 200g ed.,
p.
208).
2. With regard to the lawful exercise of
right, under Art. 429 of the Civil Code,
the owner or lawful possessorol a thing
has the right to exclude any person from
the enjoyment and disposal thereof. For
this purpose, he may use such force as
may be reasonablynecessaryto repel or
prevent ar actual or threatened
unlawful physical invasron or
usurpationof his property.
Paget2 of 29
 n\JlvtE \Jr I t lE t\ial l!rl\ J I \-rr D..\r\ n L v rL rt Lr\.)

In the lawfu] exercise of a right as a committed under paragraphs 4 and

justifying circumstance, it is not paragraph 7 of Art. 12 of RJC(Art. 101.,
necessary that there be unlawful RPC).
aggression against the person charged
with the protection of the property. A. Imbecile or insane person, unless acted
Otherwise, it shall be considered a during lucid interval
defenseof right to property under par.1
of Art.ll (Reyes,reaisedPennlCode,2008 Imbecility Insanity
ed.,p. 212) Exempt in all cases Not exempted from
from crirninal crirninai liability if it
F. Obedience to an order issued for some liabitity. can be shown that
lawful purpose he acted during
lucid interval.
Requisites:. An imbecile, within Insanity exists when
the meaning of Art. there is a complete
Than an order has been issued by a 12 RPC, is one who deprivation of
superior; is deprived intelligence in
completely of committing the act,
b. That such order must be for some leason i.e. the accused is
lawful purpose; discemment and deprived of reasorl
{reedom of dre will he acts without the
That the means used by the at the time of least discemment,
subordinate to carry out said order committing the because there is a
is lawful. crime (People a. complete absenceof
Ambal, 100 SCRA the power to
'17,
Notes: 325, October discern, or tl-rat
1980). there is a total
1. The subordinate is not liable for deprivation of
carrying out an illegal order of his freedom of wiil
superior, if he is not aware of the (Peoplezt- Puna, 105
illegality of the order and he is not SCRA 151, June 29,
negligent (Peoplea. Beronilla, 96 PhiI L981.).
s66).
B. A persgnunder 15 yearsof age.
Exempting circumstances(Art. 12, RPC)
C. A person over 15 years of age and
1. Exempting circumstances are those under t8 years, unless acted with
grounds {or exception from punishment discernment.
becausethere is wanting in the agent of
the crirne any of the conditions which fuvenile |ustice and Welfare Act of 2005
make the act voluntary or negligent (R.A. 9344);also refer to Child and Youth
(Reyes,supra,p.214), Welfare Code (P.D. 603.as amended)

2. The exemption from punishment is Definition

based on the complete absence of
intelhgence,freedom of action, or intent
or, onrthe absenceof negligence on the
part of the accused(Ibid.).
3. Generally, exemption from criminal
lidbility does not inciude exemption
from civil liability, except for acts
"child in conflict with the law" - A "child
in conflict with the law" refers to a child
who is alleged as, accusedof, or adjudged
as, having committed an offense under
Philippinelaws (Sec.4[e], R. A.9344).

Page13 of 29
 Minimum age of criminal responsibility;
exemption from criminal liability
1. A child fifteen (15) years of age or under
at the time of the commission of the
offense shall be exempt from criminal
liability. However, the child shall be
subjectedto an intervention program.
2. A child above fifteen (15) years but
below eighteen (18) years of age shall
likewise be exempt from criminal
liability and be subjected to an
rntervention program, unless he/shehas
acted\,vithdiscemment.
3. The exemption from criminal liability
herein established does not include
exemption from civil liability, which
shall be enforced in accordance with
existing laws (Sec.6, R.A.9344).
Determination of age
The age of a child may be determined from
the chiid's birth certificate, baptismal
certificate ol any other pertinent
documents. h the absence of these
documents, age may be based on
information from the child himself/herself,
testimonies oI other persons, the physical
appearanceof the child and other relevant
evidence.In case of doubt as to the age of
the child, it shall be resolved in his/her
favor (Sec.7, R.A. 9344).
D, Any person, while perlorming an act
with due care,causesan injury by mere
accident without fault or intention of
causint it.
Elements:
a. A person is per{orming a lawful ac!
b. With due care;
c. ,-FIetauses an injury to another by
'mere accident;
d. Without fault or intention of causing
it.
Notes:
1. The exempting circumstance in par. 4
Art. 12 is based on lack o{ negligence
and intent. Under the circumstances,a
person does not commit either an
intentional felony or a culpable felony
(Reyes,ReaisedPennl Code, 200g ed., p.
234)
E. Any person who acts under the
compulsion of an irresistible force.
Elements:
a. That the compulsion is by means of
physical force.
b. That the physical force must be
irresistible.
c. That the physical force must come
from a third person.
Notes:
1. The irresistible force can never conslstln
an impulse, or passion,or obfuscation.It
must consist of al extraneous force
coming from a third person (lbid,p.235).
2. A person who acts under the
compulsion of an irresistible force, Like
one who acts under the impulse of
uncontrcllable fear of equal ot greater
injury, is exempt from criminal liability
because he does not act with freedom
(Peopleu. Loreno,1.30 SCRA 311,
luly 9,
1984)
F. Any person who acts under the
impulse of an uncontrollable fear of an
equal or greater injury.
Elements:
a. That the threat which causdsthe fear
is of an evil greater than or at least
equal to, that which he is required to
commit;
Page14 of 29
 "HOME OFTHE NATION'STOPBARRIVIEWERS"

b. That it promises an evil oI such Notes:

gravity and imminence that the
ordinary man would have l. The circumstance in par- 7 Art. 72
succumbed to it (U S. a. Elicanal,35 exempts the accused from criminal
Phil 209) liability (and civil liabitity, seeArt. 101
RPC),becausehe actswithout intenf the
Requisites: third condition of voluntariness in
intentional felonies (Reyes,Reaised.penal
a. Existenceof uncontrollable fear; Code,2008 ed.,p.24L).

b. The fear must be real and irnminenf Absolutory causes

and
c. The rear of an injury is greater than
or at least equal to thai committed
(Peopleu. Petenia, 143 SCRA SGl,
August12,1986).
Absolutory causes are those where the act
committed is a crime but for reasons of
public policy and sentiment there is no
penalty imposed, e.g. justifying and
exempting circumstances.

Irresistible force Uncontrollable fear Other absolutory causes:

In irresistible force In urtcontrollable
(par. 5) the offender fear (par. 6), the Art- 6 , the spontaneous desistance
uses violence or offender employs of the person who commenced the
physical force to intimidation or comrnission of a felony before he
compel another threat in compelling couid perform aI1acts of execution
person to commrt a another to commit a
crime. clirne. b. Art. 20, accessories rvho are exempt
f rom criminal liability
Notes:
Art.124 last paragraph
1. The exempting circumstance in par. 6
Art 12 is based on the complete absence d. Art. 247 pars 1 and 2, death or
of freedom -. acfus meinaitofactus non est physical injuries inflicted under
meusqctus ("An act done by me against exceptionalcircumstances
my will is not my act")
Art. 280par. 3
G. Any person who fails to perform an act
required by law, when prevented by Art. 332, persons exempt from
some lawful or insuperable cause. -*;'-:-^I l:^L:l:!-,

Elernents: Art.344par.4

a. That the act is required by law to be h. Instigation

done;
Instigation Entrapmbnt
b. That a person fails to perlorm such In instigation, the In entrapmen!
ac! and instigator induces ways and m6ans are
,l
the would-be resorted to for the
That his failure to perform such act accused into the purpose of happing
was due to some lawful or commission of the and capturing the
insuperablecause. offense and himself lanbreaker in the
becomes a co- execution of his
^-i--i.^^l
criminal plan.

Page15 of 29
In instigation, the I Entrapment is no The basis for this circumstance is the
accused must be lbar to the greater perversity of the of{ender
acquitted. lprosecution and manifested in the commission of the
conviction of the felony as shown by: (1) the motivating
Iawbreaker (People power itself; (2) the place oI
a Yutuc, 188 SCRA commission; (3) the means and ways
1, Juhl 26, 1990). employed; (4) the time; or (5) the
personal cilcumstance of the offender,
Mitigating circumstances(Art. 13, RpC) or of the offended party (Reyes,Reaised
PenalCode,2008ed.,p. 328).
1 . Mitigating circumstances are those
which" iI present in the commission of 3. Pursualt to the 2000 Revised Rr-rlesof
the crime do not entirely free the actor Criminal Procedure,every Complaint or
from criminal liability, but serve only to Information must state not only the
reducethe penalty. qualifying but also the aggravating
circumstances.This rule may bc given
Mitigating circumstancesare based on retroactive effect in the light of the well_
the diminution of either {reedom of establishedruie that statutes regulating
actior; intelligence, or intent, or on the the procedure of the courts will be
lesser perversity of the offender (Reyes, construed as applicable' to actions
ReaisedPenalCode,2008ed..,p. 250). pending and undetermined at the time
of their passage (Reyes, Reuisedpennl
Classesof mitigating circumstances: Corle,2008ed, p, 335).

Ordinary Privileged Kinds of aggravating circumstances:

mitigating mitigating
Ordinary mitigating Privileged Generic - Those that can generally
is susceptible of mitigating cannot be aPply tp all crimes, e,g. dwelling,
being offset by any offset by nighttime, or recidivisrn.
aggravatrng aggravating
circumstance. c1Icumstance. b. Specific - those that apply only to
If not offset by an Produces the effect particular crimes, e.g. ignominy in
aSSravatrng of imposing upon crimes against chastity or cruelty
clrcumstance, the offender the and
-treachery in crimes agarnst
produces only the penalty lower by persons.
effect of applying one or two degrees
penalty provided by than that provided Qualifying - Those that change the
law for the crime in by law for the crime. nature of the crime, e.g. alevosia
its minimum period, (treachery)or evident premeditation
in case of divisible qualifies the killing of a person to
penaity. murder.

Aggravating circumstances(Art. 14,RpC) d. Inherent - Those that necessarily

accompany the commission of the
1. Aggravating circumstances are those crime, e.g. evident premediiation is
whicl; if attendant in the comrnissionof inherent in robbery, theft, estafa,
the crime, serve to increase the penalty adultery and concubinage.
without, however, exceeding the
maximum of the penalty provided by
law for the o{fense.

Page16 of 29
 Qualifying
Aggravating
The effect of a The effect of
generlc qualifying
aggravaung aSSravaung
crcumstance, not clrcumstance is not
offset by any only to give the crime
rn ili or+irro rts proper and
circumstance,is to exclusive name but
increase the also to place the
penaity which author thereof in
should be imposed such situation as to
upon the accused deserve no other
to the mayimum penalty than that
period, but specially prescribed
without exceeding by law for said crime
the limit (People u. Bayot, 64
prescribedby law. Phit 269)
A generic A qualifying
aggravatng
circumstance may ctcumstance cannot
be offset by a be o{fset by
rn i ti sa l-in o rnitioafino
crcumstance. circumstance.
A qualifying
aggravatmg
ci.rcumstance to be
such must be alleged
in the inJormation.
Otherwise, it shall be
considered a generic
aggravating
circumstanceonly.
Notes:
1. Aggravating circumstances(1) which in
themselves constifute a crime specially
punishable by law, or (2) which are
included by the 1aw in defining a crime
and prescribing the penalty therefor
shall not be taken into account for the
purpose of increasing the penalty. (Art,
62,par.1)
2. Aggravating circumstanceswhich arise:
(1) ,froryr the moral attributes of the
offender, or (2) from his private
relations with the oflended party, or (3)
Irom any personal cause, shal1 only
serve to aggravate.the Liability of the
prhrcipals, accomplices,and accessories
as to whom such circumstances are
attendant (,4rf. 62,par.3).
3. The circumstanceswhich consist (1) in
the material execution of the acf or (2)
in the means employed to accomplishit,
shall serve to aggravate the liability oi
those persons only who had knowledge
of them at the time of the execution of
the act or their cooperation therein (Arf.
62par.4).
4, Aggravating circumstances should be
proved as fully as the crime itsel{ in
order to increase the penalty (Peoplea.
Barrios,92 SCRAL89,luly 30, 1979)
Decree codifying the laws on
illegal/unlawful possession, rnanufacfure,
dealing in, acquisition or di'sposition of
firearms, ammunition or explosives (P.D.
a 7866, as amendeil by R.A. 8294) as an
aggravating circumstance
1 , Where murder or homicide results from
the use of an urlicensed firearm, the
crime is no longer qualified illegal
possessiorybut murder or homicide, as
the casemay be. In such a case,the use
of the unlicensed firearm is not
considered as a separatecrime but shall
be appreciated as a mere aggravating
clrcumstance. In view of the
amendmentsintroduced by R.A. 8294to
P.D. 1866, separate prosecutions for
homicideand illegalpossession are no
longer in order. Instead, illegal
possessionof firearms is merely to be
taken as an aggravating circumstancein
the homicide case(Peoplea. Auecilla,G.R
117033,February1,5,2001-).
P.D. 1866, as amended by R.A. 8294,
Section 1, paragraph 3 which provides
that: if homicide or murder is
committed with the use of an unlicensed
firearm, such use of an unlicensed
firearm shall be considered as an
aggravating circumstance.
Section 3, paragraph 2 o{ the same law
states that when a person commits any
Page17 of 29
 r r rri rr^rl\Jl\ J I\Jr D-f\t( rt vlLwtKb

of the crimes defined in the Revised i. It is necessaryfor the conviction

Penal Code or special laws with the use of the above persons;
of the aforementioned explosives,
detonation agentsor incendiary devices, ii. It is not yet in the possessionof
which results in the death of any person the State;
or persons, the use of such expiosives,
detonation agents or incendiary devices It can be substantially
shall be considered as an aggravating corroborated in his material
clrcumstarce. pomts;

The Comprehensive Dangerous Drugs Act iv. The witness has not been
of 2002(R.A. 9165) convicted of a crime involving
moral turpitude except when
1. As a qualifying aggravating there is no evidenceavailablefor
crrcumstance his prosecution other than the
testimony of the witness;
Notwithstanding the provisions of any
law to the contraty, a positive finding v. The witness shall strictly and
for the use of dangerousdrugs shall be a faithftilly comply without delay
qualifying aggravating circumstance in any conditions/turdertakrng
the commission of a crime by an lawfully imposed by the State;
offender, and the application of the
penalty provided for in the Revised vi. The witness does not appear to
Penal Code shall be applicable (Reuised be the most guilty; and
PenalCode,Criminal Law, Reyes,2006ett.,
p.304). vii. There is no direct evidence
available except for the
2. Immr:nity from prosecution ancl testirnony of the wltness (Sec.33,
punishment R.A.9165).

The requisites for immunity from
prosecution and punishment are:
a. The accusedshould be prosecuted
for violation of Sections7, 11, IZ,
14,15 and 19 of R. A. 9165;
b. Voluntarily gives information of
any of theseacts:Sections4, S, 6,9,
L2, 13, and 16; violation of any
other provisions of the Act iI
committed by a syndicate
including any information leading
to the whereabouts,identities, and
arrests of any/all of the syndicate
members;
I
c He willingly testifies againsr any
of the individuals; and
The requisites for exemption from
criminal liability under the voluntary
subrnissionprogram are:
He/she has complied with the rules
and regulations of the center, the
applicable rules and regulations of
the Dangerous Drugs Board,
including the after-care and follow-
up program for at least eighteen(18)
months following temporary
discharge from confinement in the
center;
b . He/she has never been charged or
convicted under this Act;
He/she has no record of escapefrom
a center;and

d His testimony has complied with d . He/she poses no serious danger to

the followrng: himself/herself, his/her {arnily or the

Page18 of 29
 rlL,Mb UI II.Ib NAIION'S'I'(]P BAR REVIEWERS"
community by his,4rer exemption
from criminal liability.
3. Minor offenders
Where the accused is over fifteen (15)
years old at the time of violation of
Section 11 of R.A. 9165 but not morc
than eighteen (18) years old at the time
when the judgment should have been
promulgated after having been found
guilty of said offense, there may be
suspension of sentence of a first-time
minor cjfender. Suspension may be
given if he has not been previously
convicted of violating any provision of
the Comprehensive Dangerous Drugs
Act of 2002, Dangerous Drugs Act of
1972,RevisedPenal Code, or any special
penal laws; has not been previously
cornmitted to a center or to the care of a
DOH-accredited physician; and the
Dangerous Drugs Board favorably
recommendsit (SeeSec.66,R.A. 9155).
If the first-time minor offender under
suspended sentence complies with the
rules and regulaLionsof the Board, the
court, upon recommendation of the
Board, shall discharge the accused and
dismiss all ploceedings (Sec 61, R.A.
9165).
Application/non-application of Revised
Penal Code provisions (5ec.98,R.A.
9165)
Section 98 of R.A. 9155 expressly states
that "notwithstanding aly law, rule or
regulation to the contrary, the
provisions of the Revised penal Code
(Act. No. 3814), as amended, shall not
apply to the provisions o{ this Act,
except in the case of minor offenders.
\{here the offender is a minor the
penalty for acts punishable by life
imprisorgnent to death provided herein
shall,bereclusionperpetuato death."
Personscriminally liable
Decree penalizing obstruction of
apprehension and prosecution of criminal
offenders(P.D.1829)
1. Punishable acts - Any persorl who
knowingly or willfully obstructs,
impedes, frustrates or delays the
apprehension of suspects and the
investigation and prosecution of
criminal casesby committing any of the
following acts:
a. preventing wihlesses from testifying
in any criminal proceeding or from
reporting the commission of any
offense or the identity of any
of{ender/s by means of bribery,
misrepresentation, deceit,
intimidation, force or threats;
b. altering, destroying,suppressingor
concealing any paper, record,
docurnent, or object, with intent to
impair its verit1,, authentcity,
legibility, availability, or.
admissibility as evidence in any
investigation of or official
proceedings in, criminal cases,or to
be used in the investigation of, or
official proceedings in criminal
CASES;
c. harboring ol concealing, ol
facilitating the escapeof, any person
he knows, or has reasonableground
to believe or suspect,has committed
any offense under existing penal
laws in order to prevent his arrest
prosecution and conviction;
d. publicly using a iictitious name for
the purpose of concealing a crirne,
evading prosecution or the
execution of a judgment, or
concealing his h'ue name and other
personal circumstancesfor the same
Purpose or purPoses;
e. delaying the prosecution of criminal
cases by obstructing the serVice of
Page19 of 29
 ,rrLr!,1rrrJr\J
processor court orders or disturbing
proceedings in the fiscal,soffices, in
Tanodbayan("nou Ombudsman,'),or
in the courts;
f. making, presenfing or using any
record, document, paper or object
with knowledge of its falsity and
with intent to affect the course or
outcome of the investigation of, or
official proceedings in, criminal
cases;
g. soliciting, accepting, or agreeing to
accept any benefit in consideration
of abstaining from, discounting, or
impeding the prosecution of a
criminal offender;
h. threatening directly or indirectly
another with the infliction of any
wrong upon his person, honor or
property or that of any immediate
member or mernbersof his family in
order to prevent such person from
appearing in ihe investigation of, or
official proceedings in, criminal
cases, or imposing a conditiory
whether lawful or unlawful, in order
ro prevent a person from appearing
in the investigation of or in official
proceedingsin, criminal cases;
i. giving of false or fabricated
information to mislead or prevent
the law enforcement agenciesfrom
apprehending the offender or from
protecting the life or property of the
victim; or fabricating information
from the data gathered in confidence
by investigating authorities for
purposes of background information
and not for pubiication and
publishing or disseminating the
same to mislead the investigator or
to the court.
I without however affecting the
I{ any of the actsmentioned herein is
penalized by any other law with a
higher penalty, the higher penalty
shail be imposed (Sec.1, p.D. 1829).
I vr DAK t(t v lt w tl(5
Comparison with Article 20, Revised penal
Code (accessoriesexempt from criminal
liability)
1. An accessoryis exempt from criminal
liability when the principal is his: (a)
spouse/or (b) ascendan! (c) descendan!
(d) legitimate, natural or adoptecl
brother, sister or relative by affinity
within the same degree..
2. However, the accessoryis not exempt
from criminal liability even if the
principal is related to him, if such
accessoryprofited from the effectsof the
crime, or assistedthe offender to profit
from the effects of the crime because
such acts are prompted not by affection
but by a detestablegreed.
3. The pubiic officer contemplated in
Article 19, paragraph 3 is cxempt by
reason of relationship to ihe principaf
even if such public officer acted with
abuse of his official functions. Ties of
blood or relationships constitute a more
po*'erful incentive than the cafl of duty
(RexisedPenalCode,Reyes, 20j-2ed,)
4. The benefits of the exception provided
in Article 20 of the Revised penai Code
do not apply to P.D. 7929.
penalties
.
General principles
1. Penalty is the suffering that is inflicted
by the State for the transgressionof the
law. The State has an existence of its
own to maintain, a conscienceto assert,
and moral principles to be vindicatecl.
The foliowing are the juridical
conditions of penalty:
a. It must be productive of slrffering,
integrity of the human personality.
b. It must be commensuratewith the
offense - different crimes must be
punished with different penalties.
Page20 of 29
 It must be personal.No one should
be punished for the crime of
another.
d. It rnust be legal. It is the
consequence of a judgment
according to law.
e. It must be certain. No one may
escapeits effects.
f. It must be correctional.
g. It must be equal for a1l.
2. The Constitution directs that excessive
fines sha1lnot be imposed, nor cruel and
unusual punishment inflicted (Art. Ill,
Sec.19[1],1987Constittttion).
Act prohibiting the imposition of death
penalty in the Philippines (R.A. 9346)
1. The imposition oI the penalty of death is
prohibited. R.A. No. 8177 (Act
DesignntingDeath by Lethal Injection) is
repealed.R.A. No. 7659 (Denthpenalty
Lqzo), alrd all other Iaws, executive
orders and decrees, insofar as they
impose the death penalty are repealed
or amended accordingly (Sec. 1, R.A
9346).
2. In lieu of the death penalty, the
foliowing shall be imposed: (a) the
penalty of reclu.siottperpetua,when the
law violated makes use of the
nomenclature of the penalhes of the
Revised Penal Code; or (b) the penalty
of life imprisonmen! when the law
violated does not make use of the
nomenclature of the penalties of the
RevisedPenalCode (Sec.2, R.A.9346)
3. Person convicted of of{enses punishecl
with rech,rsio,nperyetun, or whose
sentencesr,r.i11be reduced to reclusion
peryetua\hdl not be eligibie [or parole
undei Act No. 4180,otherwise known as
the Indeterminate Sentence Law, as
amended (Sec.3, R.A, 9346)
Purposes
1. The purpose for said law rs justice
becausethe State has an existenceof its
own to maintain, a conscienceto assert
and moral priaciples to be vindicated.
Penal justice rests primarily on the
moral rightfulness of the ptrnishment
imposed (Fundantentalsof Criminnl Law,
Crcgorio.2008ed. p.2J2t
2. The basis oI the right to punish
violations of penal law is the police
power of the State.
Classifications
1. Based on their severity or gravity,
penalty rnay be classi{ied into: (a)
capital, (b) afflictive, (c) correctional,
and (d) light.
2. Basedon their nature:
a. Principal penalties are those
expressly imposed by the court in
the judgment of conviction, and may
be divisible (those that have {ixed
duration and are divisible into three
[3] periods), and indivisible (those
which have no fixed duration like
death, reclusi.onpetTetua,perpetual
absolute or special disquali{icaHon
and public censure).
b. Accessory penalties are those that
are deemedincluded in the principal
penalties.
3. Based on the subject matter, penalty
may be: (a) corporal; (b) deprivation of
freedom such as rcclasronperpetua antl
temporaf prision marlor and correccional,
arrestotnayot'and menor;(c) restriction of
freedom ltke destierro;(d) deprivation of
rights such as disqualification ancl
suspension;and (e) pecuniary like fine.
Perpetual or temporary absolute
disqualification, perpetual or temporary
special disquaLification,and suspension
may be principal or accessorypenalties.
PaBe21 of 29
Duration and effect
Penalty Duration
Cnpital punishment
Death
Afflictiae penalties
20 years and 1 day -
Reclusionperpehn
40 years
12 years and 1 day -
Reclusiontentporal
20 years
6 years and 1 day -
temporary absolute
12 years
disquaiification
Perpetualor
6 years and 1 day -
temporary special
12 years
disqualification
6 years and 1 day -
Ptision maytn
12 years
Correctionsl o enalties
6 months and 1 day
Prisioncorreccional -
5 years
1 month and 1 day -
Arresto mayor
6 months
6 months and 1 day
Suspension - 6 years
6 months and 1 day
Destierro - 6 years
Light penalties
Arrestomenor 1 day to 30 days
Public censure
Penalties cortunon
to the three precedingclnsses
Fine
Bond to keep peace
As to strbsidiarypenalties,the rules are:
Penalty imposed Subsidiary penalty
If the penaity Subsidiary
imposed is prision
imprisonment is not to
correccional or exceed one third (1/3)
arrestoand firrc of the term of the
sentence, and in no
case to continue for
more than one year.
Fraction or part of a
day is not counted.
When'the penalty Subsidiary
imposed is fine imprisonment is not to
only exceedsix (6) months if
the culprit IS
prosecuted for grave or
less grave felony; and
not to exceed fifteen
(15) days if prosecuted
for liohr {elnn-
\n/hen the penalty No subsidiary
imposed is l-righer irnprisonment.
than prision
correctionfll
If the penalty Subsidiary penalty
imposed is not to shall gonsist in the
be executed by same deprivation as
confinement, but those of the principal
of fixed duration penalty, under the
same rules as numbers
1,2and3above.
The effects of the penalties of perpetual or
temporary absolute d isqualification are: (a)
deprivation of the public offices and
employments which the offender may have
he1d,even if conferred by popular election;
(b) deprivation of the right to vote in an),
election for any popular elective office or to
be elected to such of{ice; (c) disqualitication
for the offices or public employments and
for the exercise of any of the rights
mentioned; and (d) loss of all rights to
retirement pay or other pensiolL for any
office forrnerly held (Art. 30, RPC).
Perpetual absolute disqualification is
effective during the lifetime of the convict
and even after the service of the sentence.
Temporary. absolute disqualification lasts
during the term of the sentence, and is
removed after the service of the same.The
exceptions to the foregoing are (a)
deprivation of the public office or
employment and (b) loss of all rights to
retirement pay or other pension for any
office formerly held.
The effects of the penalties of perpetual or
temporary special disqualification ate
deprivation of the office, employment,
profession or calling affected; and
disqualification for holding similar offices
or employments either perpetually or
during the term of the sentenceaccording
tothe extent of such disqualificatron (Art. 31.,
RPC),
Page22 of 29
Civil interdiction is an accessorypenalty.
Civil interdiction shall deprive the offender
during the time of his sentence: (a) the
rights of parental authority, or guardianship
either as to the person or property of any
ward; (b) marital authority; (c) the right to
manage his property; and; (d) the right to
dispose of such property by any act or any
conveyanceinter uiuos.
Pardon by the Cl-rief Executive: (a)
extinguishes criminal liability; (b) can
extend to any crime, unless otherwise
provrded by or subject to conditions in the
Constitution or the laws; (c) cannot affect
the civil liability e; delicto of the offender;
(d) can be extended only after conviction by
final judgment of the accused; (e) may be
absoluteor conditional; and, (f) extended to
any or a1lof the accused.
Application
IndeterminateSentenceLaw
(R.A. 4103,as amended)
Application on the imposed sentence
1. A sentencewith a minimum term and a
maximum term whicfu the court is
mandated to impose for the benefit of a
guilty person who is not disqualified
iherefor, when the maxrmurn
impdsonment exceeds one (1) year. It
applies to both violations of RpC and
specialpenai laws.
2. The basic purpose of the Indeterminate
SentenceLaw is to "to upiift and redeem
valuable human material, and prevent
unnecessaryand excessive deprivation
of personal liberty and economic
usefulrress" (Penpleo. Temporntla,G.R.
No 173473,17 December2008).
3. For crimes punished under speciallaws,
these crimes carry only one (1) penaity.
There are no degrees or periods.
Moreover, there are no mitigating or
aggravating circumstances to consider
in the imposition of.the penalty. Just the
same, ihe courts are required in
imposing the penalty upon the offender
to fix a minimum of the Indeterminate
Sentence Law (ISLAW) the convict
should serve, and to set the maximum
as the l nit of his sentence.
4. To get the maximum, the maximum
term shall not exceed the maximum
Iixed by said law. To get the minimum,
the minimurn shall not be ]ess than the
minirnum term prescrib<ldby the special
law.
It rnust be noted that courts are given
discretion to fix a minimum of the
ISLAW. Anywhere within the range of
the penalty prescdbed by speciallaw, as
long as it will not be lower than the
penalty prescribed.
5. To obtain the maximum and the
minimum term of the indetermftrate
sentenceunder the Revisedpenal Code,
the following must be observed:
a. Arrive at the marimum period by
determimng the proper degree of
the penalty. In doing this, appreciate
the attendant modifying
circumstances.
b. Fix period of the maximum. period
means three (3) equal portions of a
divisible penalty. The rules on
graduation of penalties under
Article 64 of the RpC should be
observed.
Guidelines:
i. Maximum period - if there is
aggravatlngno mitigating.
ii. Medium period ,- no
mitigating.no aggravating.
nr. lvtmlmum period - iJ llrere is
mi ligating,no aggravating.
iv. When both mitigaring ard
aggravatng circumstancesale
present, the court shall
Page23 of 29
 reasonably offset those of one
class against the other
NOTA BENE: The correct rule is the
GAYRAMA RULE. This is also applied to
T
according to their relative special aggravating, quasi-recidivism, error
weight. in personae.

v. $/hen there are rwo or more Coverage

mitigating circumstances and
no aggravatlng circumstances
are present, the court shall
impose the penalty next lower
to that prescribed by law, in
the period that it may deem
applicable, according to the
number and nature of such
cltcu-lnstances.
The Indeterminate SentenceLaw shall not
apply to the following persons:
a. sentenced to death,penalty or life
imprisonment;
b. convicted of treason, or conspiracy
or proposal to commit trea6on;

c. After arriving at the proper penalty, c. convicted of misprision of keason,

determine the minimum term of the rebeltion,seditionor espionage;
indeterminate sentenceby reducing
such penalty by a degree. d. convictedol piacy:

The minimum and maximum referred to in e. habitualdelinquents,

ISLAW are not the periods. For purposes of
ISLAW we use the term minimum to refer f. escaped from confinemen! ot
to the duration of the sentence which the evaded sentence;
convict shall serve as a minimum and when
we say maximum, we refer to the maximum grarted with conditional pardon by
C.
limit of duration that the convict may be the Presiden! but violated the terms
held in jarl, thereof;

In applying ISLAW in complex crimes, it is h. maximum term of imprisonment

important to note that if there are mitigating doesnot exceed1 year; and,
circumstances,two (2) casesare considered.
Theseare: i. sentencedto the penalty of destierro
or suspensiononly,
GAYRAMARULE
But a recidivist for the first time may be
The basis for going down by one (1) degree given the benefits of the Indeterminate
is if the penalty is prision mayor maxlmum, SentenceLaw.
one (1) degree lower is prision mayor
medium. Hence, based on ISLAW, ihe Conditions of parole
duration is prision mayor mfuimum to
medium. 1. The Board of Pardons and parole (Board
of lndeterrninate Sentence) may
GONZALES RULE authorize the release of a prisoner on
parole, after he shall have served the
The basis for going down one (1) degree is minimum penalty imposed on him,
to go downr one whole degree. In the same provided that:
example above,one (1) degree iower now is
now prision correccionalThe duration based a. Such prisoner is fitted by his
on ISLAW is arresto mayor to prision training for release;
correccional.

Page24 of 29
 nLrvlts tJr r rlE t\n I luN b I ul, bAK Kt v lt w !,K5
b. There is reasonableprobability that
such prisoner will live and remain at
liberty without violatmg the law;
and
c. Such release will not be
incompatible with the welfare of
society (Sec.5, IndeterminateSentenca
Law).
2. While it is true tlrat a convict may be
releasedfrom prison on parole when he
had served the minirnum period of his
sentence; the pendency oI another
criminal case,however, is a ground for
the disqualificahon of such convict from
berng released on parole (Ad.onis ts.
Tesoro,et.al.,G.R.1,82855,lune5,2013).
3. If during dre period of surveillance such
paroled prisoner shall: (a) show himself
to be a law abiding citizen and, (b) shall
not violate any law, the Board rnay issue
a final certification in his favor, for his
final release and discharge (Sec 6,
Indeterminnte Sentence Lnw).
4. When the paroled prisoner shall violate
any of the conditions of his parole: (a)
the Board may issue an order for his
arrest, and thereafter, (b) the prisoner
shall serve the remaining r.rnexpired
portion of the maximum sentence for
which he was originally committed to
prison. (Sec. 8, lndeterminate Sentence
Law).
Three-fold rule
The three-fold rule, that is, the maxirnum
duration of the convict's sentenceshall not
be more than three-fold the length o{ time
couesponding to the most severe of the
penalties imposed upon hirn. No other
penalty to which he may be liable shall be
inflicted after *re sum total of those
imposed eguals the same maximum period.
In othei words, the maximum penalty is
three times the most severe or the total of
the penalties imposed, whichever is lower
(Boado,Notesand cases-onthe ReaisedPenal
Code,2008etL.,p. 282).
Execution and service
When a convict shall become insane or an
imbecile after final sentence has been
pronounced the execution of said sentence
shal1be suspended only with regard to the
personal penalty, the provisions of tire
second paragraph of circumstancenumber
1of Article 12 being obsetved in the
correspondingcases.
If at any time the convict shall recover his
reason, his sentence shall be executed,
unlessthe penalty shall have prescribed.
The respective provisions of this section
shall also be observed if the insanity or
lmbecility occurs while the convict is
servmg his sentence(Art.79, RPC).
Probation law (PD 968,as amended)
Definition of terms
'[. "Probation"
is a disposition under which
a defendan! after conviction and
sentence, is released subiect to
conditions imposed by the court and to
the supervision of a probation otTicer.
2. "Probationer"means a person placed on
probation.
3. Probation officer" means one who
investigates for the court a relerral {or
probation or supervisesa probationer or
both.
Purpose
The purposes of the iaw are: ('t) to promote
the correction and rehabilitation of arr
offender by providing hirn with
individualized treatment; (2) to provide an
opportunity {or the reformation of a
penitent o{fender which rnight, be less
probable if he were to serve a prison
sentence;and (3) to prevent the commission
of offenses(Sec.2, P.D. 968,ss anended).
Page25 of 29
Grant of probation, manner and
conditions
l. The court may, after it shail have
convicted and sentenced a de{endant
and upon application at any time of said
defendanf suspend the execution of
said sentence and place the defendant
on probation for such period and upon
such terms and conditions as it may
deembest.
Probation may be granted whether the
sentence imposes a term oI
imprisonment or a fine only. An
application for probation shall be filed
with the trial court, with notice to the
appellate court, an appeal has been
taken from the sentence of conviction.
The filing of the application shall be
deemed a waiver of the right to appeaf
or the automatic withdrawal of a
pending appeal.
An order granting or denying probation
shall not be appealable(Sec.4, P.D. 968,
asamended).
2. An application for probation shall be
filed by the defendant with the trial
court within the period for perfecting an
appeal. No application {or probation
shall be entertained or granted if the
de{endanthas perfected an appeal from
the judgment of conviction.
3. Filing of application for probation
operates as a waiver of the right to
appeal. Accessorypenalties are deemed
suspended once probation is gralted.
Civil )iability is not affected by the
suspensionof the sentenceimposed on
the accused who is granted probation;
court must hear the civil aspect.
4. Two kinds of conditions oI probation
are imposed. One is mandatory or
ge4eraf which, once violated, the
probation is cancelled. To the
probationer, he rnust present himself to
the probation officer designated to
undertake his supervision, at such place
as may be specified in the order wrthrn
seventy-two (72) hours {rom receipt of
order. He also must report to the
probation officer at leastonce a month.
The secondcondition is discretionary or
special,where additional conditions are
listed which the courts may additionally
impose on the probationer towards his
correction rehabilitation outside prison.
Criteria for placing an offender on
probation
In determining whether an o{fender rnay be
placed on probatiory the court shall
consider all information relative to the
character,antecedents,environrnen! mental
and physical condition of the offender, and
available institutional and community
resources.Probation shall be denied if the
court finds that:
a. The offender is in need of
correctional treatment that can be
provided most e{fectively by his
commitment to an institution; or
b. There is undue risk that during the
period of probation the offender wjll
commit another crime; or
c. Probation will depreciate the
seriousnessof the offensecommitted
(Sec.-S,
P.D.968,asamended).
Disqualified offenders
Probation is not available when:
1. The offender is in need of correctional
treatment that can be provided
effectively by his commitment to an
institution;
' risk of comrnittin'
H;f;"rt:,,Hdue
3. Probation will depreciate the
seriousnessof the offensecommitted;
PaEe26 of 29
 n\Jlvlr \Jr I nf, l\fl
4. The offender was sentenced to serve a
maximum term of imprisonment of
more the six (6) years;
5. The offender was convicted o{
subvetsion or any crime against the
national security or the public order;
6. The offender was previously convicted
by final iudgment of an offense
punished by imprisonment of not less
than one (1) month and one (1) daY
and/or a fine not lessthan P200;
7. The offender had already been once
placed on probation (Secs.8 and 9, P.D.
968).
Period o{ probation
If the convict is sentenced to a term of
imprisonment o{ not more than one year,
the period of probation shall not exceedtwo
years.ln aII other cases,if he is sentencedto
more than one year, said period shall not
exceed six (6) years. lArhen the sentence
imposes a fine only and the offender is
made to servesubsidiary imprisonmenf the
period of probation shall be twice the total
number of days of subsidiary rmprisonment
(9ec.14,P.D.968,asamended)
Arrest of probationer
At any time during probation, the court
may issue a warrant for the anest of a
probationer for violation of any of the
conditions of probation. The probationer,
once arrested and detained, shal1
immediately be brought before the court for
a hearing, which may be in{ormal and
sununary, of the violation charged. The
defendant may be admitted to bail pending
such hearing. In such a case,the provislons
regarding releaseon bail of personscharged
with a crirne shall be applicable to
probationgrs arrested under this provrsion.
If the violation is established,the court may
revoke or continue his probation and
modify the conditions thereof. If revoked,
the court shall orde.r the probationer to
serve the sentenceoriginally imposed. An
r l\Jl\ J I tJr DfrI\ r\E v lE vv EI\r)
order revoking the grant oI probation or
modifying the terms and conditions thereof
shall not be appealable(Sec-L5,P.D.968,as
amended).
Termination of probation
1. After the period of probation and upon
consideration of the report and
recommendation of the probation
officer, the court may brder the final
discharge of the probationer upon
finding that he has fulfiiled the terms
and conditions of his probation and the
caseis deemedterminated.
The final discharge of the probationer
shal1 operate to restore to him all civil
rights Iost or suspended as a result of
his convrction and to fully dischargehis
liability for any fine imposed as to the
offense Ior which probation was
granted.
The probationer and the probation
o{ficer shall each be furnished with a
copy of such order (Sec.16, P.D. 968, as
amended).
2. Probation is not coterminous with its
period. There must be an order issued
by the court discharging the probationer
(Balaus.Mmtinez,181SCRA459).
Exception: Any person convicted for
drug ttafficking or pushing under the
Comprehensive Dangerous Drugs Act
of 2002, regardless of the penalty
imposed by the Court, cannot avail of
the privilege granted by the Probation
Law or Presidential Decree No. 968 as
amended (Sec.24 of RA 9165or CDDA of
2002).
Page27 of 29
fuvenile Justice and Welfare Act of 2005 Modifi cation and extinction
(R.A. 9344),also reler to Child and Youth of criminal liability
Welfare Code (P.D. 603,as amended)
Prescription of crimes 6rt. 90, RPC)
1. Definition of child in conflict with the
law Prescription of crimes is the forfeiture or
loss of the right of tl-reState to prosecute the
Sec.4. (e) "Child in conflict with the law" offender after the lapse of a certain time.
refers to a child who is alleged as,
accused of, or adjudged as, having Prescriptive periods of crimes
committed an offense under Philippine Crimes punishable by: 20 years
laws. 1. Death, reclusion 15 years
perpetua/temporal 10 years except
Exemption for criminai liability 2. Afflictive penalties those
3. Correcional punishableby
A child fifteen (15)years of age or under penalties arrestomayor
at the time of the commission of the which shall
offense shall be exempt from criminal prescribein 5
liability. Howevei the child shali be years
subjectedto an intervention program. Crime of libel l year
Offensesof oral
A child above fifteen (15) years but defamation and 6 months
below eighteen (18) years of age shall slander by deed
likewise be exempt from criminal Light offenses 2 months
liability and be subjected to an Crimes punishable by
intervention program, unless he/she has fines:
actedwith discemment. 1. If fine is alflictive 15 years
2. If it is correctional 10 years
The exemption from criminal liabiiity 3. If it is light 2 months
herein established does not include
exemption from civil liabitity, which Prescription of penalty (Art. 92, RPC)
shall be enforced in accordance with
existing laws (Sec.6, R.A. 9344). Prescription of penalty is the loss or
forfeiture of the right of the govemment to
Juvenile justice and welfare system executettre final sentenceafter the lapse of
certain time. It is based on the penalty
This refers to a system dealing with imposed.
children at risk and children in conflict
with the law, which provides child-
Prescriptive periods of penalties
appropriate proceedings, including
Death and rcclusion
programs and services for prevention, 20 years
perpetua
diversiory rehabiJitation, re-integration
Other a{flictive
and altercare to ensure their normal 15 years
penalties
growth and development.
10 years exceptfor
the penalty ol arresto
Correctional
mayor which
penalties
i prescribesin five (5)
yeafs
Light penalties 1 year

Page28 of 29
 TUME Ut. T'bIENATION'STOP BAR REVIEWERS"

Pardon by the Chief Executive

distinguished from pardon by the
offended party

I. Pardon by the Chief execunve

extinguishes the criminal liability of the
offender: such is not the case when the
pardon is given by the offended party.

Pardon by the Chief executive cannot

include civil liability which the offender
must pay; but the offended party can
waive the civil liability which the
offender must pay.

In caseswhere the law allows pardon by

the offended party (Art. 344), the
pardon should be given before the
instifution of crirninal prosecution a:rd
must be extended to both the offenders;
whereas, pardon by Chief executive is
granted only after conviction and may
be extended to any of the offenders
(Reyes,TheReaisedPenalCode,BookOne,
2012ed.,p. 643)

Amnesty

It is one of the prerogatives of the President

to grant to an offender besides reprieve,
commutation of service, pardon and
remittance of fines and forfeitures. Armesty
is an act of grace, which relieves the
offender not only from suffering the penalty
but obliterates the effects of the conviction
as if the act were not criminal. It is usually
given to poiitical offenders (Boado,Notesand
caseson the l?,eztised Penal Code,2008 ed., v.
321).
-oOo _

',

Page29 of 29