ART.
48 - Complex Crimes
In complex crimes, at least two crimes are committed but
they constitute only one crime, as only one penalty is
imposed upon the offender. This is intended to benefit the
offender who is, in the eyes of the law, less criminally
perverse than on one who commits two or more separate and
independent crimes.
The Supreme Court said if you commit several crimes by
performing act let’s just give a single penalty as compared to
giving several penalty because it is different from performing
several acts to commit several crimes.
Two kinds of complex crimes:
 Compound Crime – a single act constitutes two or
more grave or less grave felonies.
The single act of throwing a bomb at a group of people killing
everyone (5 people), it technically results to 5 cases of murder.
Since he only committed one act he should not be in the same
situation as the person who performed 5 different acts to kill 5
different people. The law should be in favor to the person
committing one act because he is not as criminal perverse as the
person who committed 5 different acts.
Hypothetical Case
Let’s say you have a gun with 6 bullets you fired your gun 6
times and maybe you can kill 6 different people but kung mo
ingon ka na pwede mag linya mo “BANG!” pag pusil ug 3 patay
sa usa ka bullet you still have 5 more bullets to kill someone.
Diba mas kuyaw, pero in the eyes of the law you are less
criminally perverse when committing one act compared to the
one committing several acts.
 Complex Crime Proper – one offense is a necessary
means for committing the other.
Ex: falsifying cedulas so as to collect fees from
persons to whom they are issued.
Estafa by means of falsification of public document
 Falsifying extra-judicial partition of estate
- a person dies leaving several heirs and that person
charged has a piece of property in his name, under certain
circumstances you don’t have to go to court to partition the
property, the person charged presented himself as the only
heir to the interested buyer of the property and adjudicated
the property unto himself and sell the property to Mr. X
Compound Crime
Requisites:
1. Only a single act is performed by the offender
2. The sing act produces:
a. Two or more grave felonies
b. One or more grave and one or more less
grave felonies
c. Two or more less grave felonies
One single act
• Throwing a hand grenade into a group of people
is a single act
• Placing a bomb in an airplane is a single act
Criminal Law notes | Fiscal Carillo | Compiled by: Angelika Cotejo EH203
• Firing a gun once is a single act
EX: machine gun - not a single act; using
an automatic weapon killing several people
is not a complex crime
Court of Appeals ruling
Although each burst was caused by one single act of pressing the
trigger there was that special mechanism known to the person
using it that he only has to keep pressing the trigger and it would
continually fire. It is not the act of pressing the trigger which
should be considered it is the number of bullets which is actually
produced.
Pp v Buyco
Use of automatic weapon killing several people, the SC ruled
complex crime. The reason for this is that the victims seemed to
be standing in a straight line .
Tabaco and Varags case
Using and automatic weapon killing several people, the SC ruled
not a complex crime. The victims were sitting on a bench.
Two or more grave or less grave felonies.
 In case the single act produces light felonies, they are either treated
as:
- separate offenses; or
- absorbed
 The rule that light felonies are absorbed should only be applied
when there is only one victim. (abandoned)
Pp v De Los Santos
The slight physical injuries caused by Glenn to the ten other
victims through reckless imprudence, would, had they been
intentional, have constituted light felonies. Being light felonies,
which are not covered by Art 48, they should be treated and
punished as separate offenses. Separate information should have,
therefore, been filed.
Ivler case
Abandoned Pp v De los Santos, do not apply art. 48 in cases of
reckless imprudence because there is only one crime. The word
“resulting in” is just a consequence of the crime. So, there is no
need for us to talk of a single act resulting in two or more less
grave felonies because it only one felony, the felony of reckless
imprudence.
Two people nagsakay sa sakyanan gi dasmagan sa accused, one
passenger died while the other sustain slight physical injuries.
The fiscal following the ruling of the de los santos case said that
two cases must be filed, reckless imprudence resulting in
homicide and reckless imprudence resulting in physical injuries
because the de los santos case said that separate information must
be filed for light felonies. The SC said you’re wrong for
following us because we changed our mind. Ivler pleaded guilty
for reckless imprudence resulting in slight physical injuries and
filed motion to quash reckless imprudence resulting in homicide.
Pag plead guilty, object dayon sila to the prosecution for reckless
imprudence resulting in homicide, double jeopardy di na pwede
fiscal following the de los santos ruling. The SC said Ivler is
correct, since this is one offense the prosecution should have
filed one case, reckless imprudence resulting in homicide and
slight physical injuries. There shall be no splitting of charges,
only one information because art. 48 does not apply because
there is only one offense committed there is no complex crime in
reckless imprudence.
1
Several offenders and several victims
 Where there are several offenders and it cannot be
ascertained who among them killed the several
deceased, there is only one crime committed. This
ruling should only be applied when it cannot be
ascertained who among the offenders killed the
victims (Sanidad, April 30, 2003; Lawas, June 30,
1955; Abellla, Aug 31, 1979)
 Principle of single criminal impulse
Complex Crime Proper
Requisites:
1. At least two offenses;
2. One or some must be necessary means to commit
the other;
3. Both or all the offenses must be punished under the
same statute (RPC).
At least two offenses
 Falsification as a means to commit malversation
 Usurpation of official functions as a means to commit
simple seduction
Necessary means
 Necessary does not mean indispensable on which the
offense would be considered as an element of the
offense and the result would be one felony
committed.
 The other crime must be a means to commit not to
conceal. If the other crime is used to conceal the
other, they are separate offenses.
Applicability of Article 48
 Art. 48 is applicable only when the RPC does not
provide a specific penalty for a Special Complex
Crime (RA 7659 “the heinous crime act”)
e.g. Kidnapping w/ Murder of Homicide,
Robbery w/ Homicide, Rape with Homicide
Primary intention of rape and after thought na lang ang pagkuha
sa bag na LV. That was merely an afterthought. There was no
need anymore for force or intimidation. Dapat rape with robbery.
Forcible abduction with rape
 The abduction is a necessary means to commit rape. This
should only be applied to the first rape. If subsequent rapes
are committed, they are separate felonies, since the
abduction was no longer necessary for their commission.
Requisites:
1. Forcibly taking
2. a woman
3. with lewd/ unchaste design
*SC said it is not unchaste for a single man to forcibly take a
single woman because they have no legal impediment to marry
each other
Criminal Law notes | Fiscal Carillo | Compiled by: Angelika Cotejo EH203
How does complex crime favor the accused?
 Instead of several penalties only one penalty is
imposed.
Penalty for complex crime
• The penalty is for the most serious crime committed
to be applied in its maximum period.
Continued crime
• A continued, continuing or continuous crime is not
specifically provided for in the RPC. The principles
on continued crime are based on a single criminal
impulse and should result in one criminal liability.
• The difference in DELA CRUZ and ENGUERO is
that in DELA CRUZ there was evidence that there
was a general plan to commit robbery in the vicinity
of the eight households. In ENGUERO no such
evidence was presented.
ART. 49 - Penalty when crime committed is different from
that intended
• This article is only applicable in error in personae
• In aberratio ictus two crimes are committed, therefore,
Art. 48 (complex crimes) is applicable;
• In praeter intentionem (the crime is greater than what
is intended), the offender is liable for the crime
actually committed.
Rules:
1. If the penalty for felony committed is higher than the
penalty for the offense which the accused intended,
the lower penalty shall be imposed in its maximum
period.
2. If the penalty for the felony committed be lower than
the penalty for the offense which the accused
intended, the lower penalty shall be imposed in its
maximum period.
3. If the act committed also constitutes an attempt or
frustration of another crime, and the law prescribes a
higher penalty for either of the latter, the penalty for
the attempted or frustrated shall be imposed in its
maximum period.
ART. 50 - 57
• Rules in determining the imposable penalties for
accomplices and accessories of frustrated and
attempted felonies.
• Degree is one entire penalty
• Period is one of the three equal portions of a divisible
penalty
• A period when prescribed by the RPC as a penalty for
a felony is considered a degree.
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 * General rule: if the penalty is composed of 3 periods the
The SC said that if the penalty consists of two indivisible penalty, penalty next lower in degree are the 3 periods immediately
the penalty next lower in degree is the penalty immediately following
following.
3. When the penalty prescribed for the crime is composed
of one or two indivisible penalties and the maximum
ART. 60- Exceptions
period of another divisible penalty the penalty next lower
in degree shall be composed of the medium and minimum
• The rules in Art. 50-57 are not applicable where the
periods of the proper divisible penalty and the maximum
law specifically provides for a penalty for a frustrated or
period of that immediately following. (memorize)
attempted state of a felony.  The penalty for murder consists two indivisible
penalty of dealth and reclusion perpetua and one divisible
penalty of reclusion temporal in maximum period. The
ART. 61 - Rules for graduating penalties penalty immediately following reclusion tempporal is
presion mayor.
Basis for graduation of penalties is the scale in Art. 71.
• Death
• Reclusion Perpetua 4. When penalty prescribed is composed of several
• Reclusion Temporal periods (at least 3) the penalty next lower in degree shall
• Prision Mayor be composed of the period immediately following the
• Prision Correccional minimum prescribed and of the two next following either
• Arresto Mayor from the penalty prescribed or the penalty immediately
• Destierro following. (general rule)
• Arresto Menor
• Public censure Example Illustration:
• Fine max

Prision Mayor med

Rules:
1.When the penalty prescribed for felony is single and min
Simple robbery
indivisible, the penalty next lower in degree shall be that
max
immediately following that indivisible penalty.
Death Prision Correccional med

Reclusion Perpetua – penalty min

Reclusion Temporal – penalty next lower in 1 degree lower

degree max

Arresto Mayor med

2. When the penalty prescribed for the crime is composed
of two indivisible penalties, or of one or more divisible
penalties to be imposed to their full extent, the penalty
next lower in degree shall be that immediately following
the lesser of the penalties prescribed.
Two indivisible:
 Death parricide
 Reclusion perpetua
 Reclusion temporal - penalty next lower
 One or more divisible penalties to be imposed to their
full extent
 One divisible penalty to be imposed to its
full extent is reclusion temporal; two
divisible penalties to be imposed to their
full extent are prision correccional to
prision mayor.
 The penalty immediately following the divisible
penalty of reclusion temporal is prision mayor
and the penalty immediately following the
lesser of the penalties of prision correctional to
prision mayor is arresto mayor.
min
* not sure but dakog chance na mo gawas sa exam*
5. Not specially provided for in rules 1-4 proceed by
analogy.
• If the penalty consists of two periods, the penalty
next lower in degree is the penalty consisting of two
periods immediately down the scale.
• If the penalty consists only of one period, the penalty
next lower in degree is the next period immediately
down the scale
If the given penalty is composed of one, two, or three periods, the
penalty next lower in degree should begin where the given
penalty ends because if it were to skip over intermediate ones, it
would be lower but not next lower in degree.
It is only after the penalty next lower in degree is already
determined that the mitigating or aggravating circumstance
should be considered.

Criminal Law notes | Fiscal Carillo | Compiled by: Angelika Cotejo EH203 3
ART. 62 - Application of mitigating, aggravating
circumstance and habitual delinquency (mo gawas sa exam)
Par. 1
 Aggravating circumstance which in themselves
constitute or are included by law in defining the
crime – no effect
 “by means of fire” not taken into
consideration in arson
 “dwelling” in robbery with force upon
things
 “abuse of confidence” in qualified theft
 Taking advantage of public position and committed
by a syndicate – maximum regardless of mitigating
circumstance
 Syndicate – two or more persons
Par. 2 - Inherent
 When the aggravating circumstance is inherent in the
crime – no effect
 Evident premeditation inherent in robbery
and theft
Par. 3 - Circumstance relating to the persons participating
in the crime
• Moral attributes of the offender
Ex. Evident premeditation (aggravating)
Passion or obfuscation (mitigating)
• Private relations of offender and offended party
Ex. Relationship (e.g. father and son)
• Any other personal cause
Ex. Minority
Insanity
Recidivism
*In these three instances the aggravating or mitigating
circumstances shall affect only those to whom such
circumstance is present.
Legal principle to use in answering:
 The rule in the RPC or the rule under law for the
circumstances relating to persons participating
in the crime is that it only affects those to whom
such circumstance is present. In this case since
one of the accused is a relative then only the
relative will be affected by the circumstance of
relationship the others cannot be affected as
such.
Par. 4 - Circumstance consisting in the material execution
of the crime
 Material execution - treachery
 Means employed - fire
Criminal Law notes | Fiscal Carillo | Compiled by: Angelika Cotejo EH203
*Affects only those who had knowledge (not necessarily
that you participated in how it was committed) of them of
the execution of the act or their cooperation therein.
Two points in acquiring knowledge before you will be
affected of such circumstance:
1. At the time of the execution you knew that it is
how the crime will be committed; or
2. At the time you cooperated
Even if you are knowledgeable of how the crime was
committed at the actual commission but at the time of your
cooperation as an accessory you knew it was committed
with treachery then you will also be liable or at least
affected by that circumstance of treachery.
Par. 5 - Habitual Delinquency
First conviction and first release 10 years to your next
conviction and then to your second conviction and its
release another 10 years to your third conviction. Upon
your third conviction you are already considered as a
habitual delinquent. The effect results in an additional
penalty and not an aggravating circumstance.
Rules:
 refers only to certain crimes: serious and less serious
physical injuries, robbery, theft, estafa and
falsification
 it results in an additional penalty; not merely an
increase in the penalty
 the additional penalty is imposed upon a third
conviction
 the 10 years shall always be computed from the last
conviction OR release.
 the subsequent crimes must be committed after
conviction of the former crime
ART. 63 - Indivisible penalties
 Single Indivisible Penalty – imposed regardless of the
presence of any mitigating or aggravating
circumstance
 Two Indivisible Penalties:
a. One aggravating – greater penalty
b. No mitigating no aggravating – lesser penalty
• Some mitigating no aggravating -
lesser penalty
• Both – offset according to number
and importance
Unless you have privilege mitigating circumstance you just don’t
go down by period you go down by actual degrees. If you have
privilege mitigating circumstance you can go down from
reclusion perpetua to reclusion temporal. If it’s two degrees
lower you go down to prision mayor.
4
ART. 64 - Penalties which contain 3 periods
Rules:
1. No aggravating and no mitigating - medium period
2. Only a mitigating – minimum
3. Only an aggravating – maximum
4. When there are both aggravating and mitigating
circumstances the court shall offset one against the
other.
5. Two or more mitigating and no aggravating
circumstance - penalty next lower in degree in the
period applicable according to the number and nature
of circumstance. This is called a Privileged
Mitigating Circumstance. (you go down by degree)
 The mitigating circumstance that constitutes the
privileged mitigating circumstance can no
longer be considered in deter imposable period.
3. The difference should be divided into three equal
portions.
5 years and 6 months ÷ 3 = 1 years and 10 months
4. The minimum (including the 1 day) is the minimum of
the minimum period. Add the quotient to the minimum and
you have the maximum of your minimum period.
6 months and 1 day + 1 years and 10 months = 6 months and 1 day to 2 years and 4 months
5. Add 1 day to the maximum of the minimum period
and you have the minimum of the medium period. Add the
quotient to the minimum (w/o including the one day) and
you have the maximum of the medium period of the
penalty.
2 years and 4 months and 1 day to 4 years 2 months

ART. 65 - Dividing penalties (divisible) in 3 equal portions 6. Add 1 day to the maximum of the medium and you
have the minimum of the maximum period of the penalty.
Add the quotient to the minimum of the maximum period
Steps:
of the penalty.
1. Determine the duration of the penalty in its entirety
by ascertaining the minimum and max 4 years 2 months and 1 day to 6 years
2. Determine the time included in the penalty prescribed
by subtracting the min from the max. the min
subtracted from must not include the 1 day. ART. 66 - Imposition of fines
3. The difference should be divided into 3 equal  Wealth or means of the culprit is the primary
portions consideration
4. The minimum (including the 1 day) is the minimum  Mitigating and aggravating circumstance shall also
of the minimum period. Add the quotient to the be considered
minimum and you have the maximum of your
minimum period.
5. Add 1 day to the maximum of the minimum period ART. 67 - Penalty when accident is present
and you have the minimum of the medium period.  Accident is an exempting circumstance under Art 12,
Add the quotient to the minimum (without including par 4. If not all elements are present then the offender
the one day) and you have the maximum of the is punished in the same manner as a person liable for
medium period of the penalty reckless imprudence under Art 365
6. Add 1 day to the maximum of the medium and you
have the minimum of the maximum period of the
penalty. Add the quotient to the minimum (without
ART. 68 - Penalty upon a person under 18
including the one day) and you have the maximum of
RA 9344
the maximum period of the penalty.
15 years and under – no criminal liability (intervention)
Above 15 below 18 – exempt unless acting with
Illustartive Example: (basin mo gawas sa exam) discernment (diversion)
Prision correccional
Steps:
ART. 69 - Crime not wholly excusable
1. Determine the duration of the penalty in its entirety
 Some of the elements of a justify or exempting
by ascertaining the min and max.
circumstance is present.
6 months and 1 day to 6 years
Majority.
2. Determine the time included in the penalty prescribed
 One or two degrees lower. Privileged mitigating
by subtracting the minimum from the maximum. The
circumstance.
minimum subtracted from must not include the 1 day.
6 years - 6 months = 5 years and 6 months

Criminal Law notes | Fiscal Carillo | Compiled by: Angelika Cotejo EH203 5
ART. 70 - Service of Sentence  Fines are increased or decreased by one-fourth (1/4)
of the maximum.
 Simultaneous if the nature of the penalties allow  There must be a minimum and a maximum for this
otherwise the penalties must be served successively. article to be applicable.
 Disqualification, suspension, destierro, censure, civil  Only the maximum is increased or decreased, the
interdiction, confiscation and costs are penalties that minimum is never changed.
may be served simultaneously.
Increasing or decreasing the fine
Penalties of imprisonment  Fine of P200-P2,000
 Multiple penalties consisting of imprison have to be  ¼ of P2,000 = P500
served successively  One degree lower would be a fine of P200 – P1,500
 The order of severity in Art 71 must be observed. The  Two degrees lower would be a fine of P200 – P1,000
most severe must be served first.

Three-fold rule ART. 76 - Legal period of divisible penalties

 A convicts sentence shall not exceed more than 3
times the length of time corresponding to the most  The intention of the law is to give the three periods of
severe of the penalties imposed on him a penalty equal or uniform duration due to the ff:
 equal and uniform duration
Shall not exceed 40 yrs  does not require that they be used even
 Does not include the imposition of subsidiary when the periods of a prescribed penalty
imprisonment correspond to different divisible penalties
 will result in the periods not being of equal
ART. 71 - Graduation of penalties and uniform duration
 Art 65 requires that a divisible penalty be
 Under RA 9346 death has been effectively eliminated divided into three equal portions
from the list of imposable penalties under Art 71  making an exception out of a penalty
 This affects not only the consummated stage and the composed of periods corresponding to
principals but also for the frustrated and attempted different penalties would have no legal
stage as well with the respect to the accomplice and basis.
accessory.
Arresto Mayor does not follow the general rule.
 Death (capital)  Minimum – 1 month 1 day to 2 months
 Reclusion Perpetua  Medium – 2 months 1 day to 4 months
 Reclusion Temporal  Maximum – 4 months 1 day to 6 months
 Prision Mayor
 Prision Correccional
 Arresto Mayor
 Arresto Menor ART. 77 - Complex Penalty
 Destierro  Complex penalty is a penalty composed of three
 Public Censure distinct penalties, i.e., Reclusion temporal to death
 Suspension  Lightest - minimum
 Next - medium
*Art. 25 - Classification; Art. 70 - Severity  Most severe - maximum
ART. 72-74
 Art. 72 Satisfaction of civil liability is based on the INDETERMINATE SENTENCE LAW
chronological order that they are imposed.
 Art 73 Accessory penalties under Arts 40-45 are  A penalty with a minimum and a maximum instead of
deemed imposed. Subsidiary imprisonment not an a straight penalty.
accessory penalty  Authorizes the release of a convict after having
 Art 74. Death shall not be imposed through the served the minimum of his sentence.
process of graduation.
ISL does not apply:
ART. 75 - Increasing or decreasing fine by one or more • Convicted; death or life imprisonment;
degrees • Convicted; of treason, conspiracy or proposal to
commit treason;

Criminal Law notes | Fiscal Carillo | Compiled by: Angelika Cotejo EH203 6
• Convicted of misprision of treason, rebellion,
sedition, or espionage;
• Convicted of piracy;
• Habitual delinquents;
• Escaped from confinement or evaded sentence;
• Violated the terms of the conditional pardon;
• Imprisonment; maximum does not exceed 1 year;
• Those already sentenced by final judgment at the
time of the approval of the law. (Dec. 5, 1933)
• Destierro or suspension
RPC and Special Laws
Special Law
 minimum – not less than the minimum prescribed by law
 maximum – not exceed the maximum fixed by law
RPC
 minimum – shall be w/in the range of the penalty next
lower to that prescribed by the Code for the offense.
 maximum – that, in view of the attending circumstance.
Could be properly imposed under the rules of the RPC.
Steps:
• Ascertain the penalty prescribed for the offense
without considering the attendant circumstance
• Use the said penalty as the basis for determining the
minimum, which is the penalty next lower in degree.
This is the minimum of the indeterminate sentence.
• Fix the maximum by imposing the penalty prescribed
by the law taking into consideration the attending
circumstances.
Homicide, no mitigating no aggravating
• Homicide is punished by Reclusion Temporal
• Penalty next lower in degree (1 degree) to Reclusion
Temporal is Prision Mayor. Prision Mayor is the
minimum of your indeterminate sentence.
• Maximum is Reclusion Temporal in its medium
period since there is no aggravating or mitigating
circumstances.
• The indeterminate sentence, therefore, is Prision
Mayor to Reclusion Temporal Medium.
*(kini ang mo gawas sa exam dili katong compute2)
Frustrated Homicide w/ Direct Assault
 Penalty prescribed for a complex crime is the most
serious offense
 Direct Assault – Prision Correccional Med-Max.
Penalty for complex crime is for the graver offense
which is Prision Mayor.
 Frustrated homicide – Prision Mayor;
 Penalty next lower to Prision Mayor (basis) is Prision
Correccional. (minimum)
 Prision Correccional is the minimum.
Criminal Law notes | Fiscal Carillo | Compiled by: Angelika Cotejo EH203
 Max is Prision Mayor in its max (complex crime is
the aggravating circumstance)
 indeterminate sentence is, therefore, Prision
Correccional to Prision Mayor Maximum.
Privileged Mitigating Circumstance
 General Rule is: find the penalty next lower in degree
to the penalty prescribed by law w/o first considering
the attending circumstances.
 Exception is: a privilege mitigating circumstance
(two or more mitigating circumstance w/o any
aggravating circumstance, Art 64 par 5). In this case
the privileged mitigating circumstance is applied
first to determine the basis for the minimumof the
penalty prescribed by law.
Estafa through Falsification by a Public Officer with two
mitigating and no aggravating (privileged mitigating
circumstance).
• Penalty for the more serious offense (falsification) is
Prision Mayor.
• Apply the attending circumstance (privileged
mitigating circumstance) first. One degree lower than
Prision Mayor is Prision Correccional. (exception to
the general rule)
• One degree lower than Prision Correccional is
Arresto Mayor. Arresto Mayor is the minimum.
• Maximum is Prision Correccional in its max, because
it is a complex crime.
• Indeterminate sentence is Arresto Mayor to Prision
Correccional Maximum.
Homicide w/ Direct Assault; one privileged mitigating
circumstance (minority) and one ordinary mitigating
circumstance. (plea of guilty)
• Homicide is the more serious offense (Reclusion
Temporal)
• Apply the privileged mitigating, next lower in degree
is Prision Mayor. This is the basis for the minimum.
• One degree lower than Prision Mayor is Prision
Correctional. Prision Correctional is the minimum.
• Prision Mayor is applied in its maximum period
because it is a complex crime but in the minimum
period of the max because of the ordinary mitigating
circumstance of plea of guilty.
• Indeterminate sentence is Prision Correccional to
Prision Mayor Maximum in its minimum period.
Probation
 probation – is a disposition where a convict is
released subject to conditions imposed by the court
and to the supervision of a probation officer.
7
 In probation, a convict’s sentence consisting of
imprisonment is not executed, rather the convict is
released subject to the conditions of the probation.
When the convict violates the terms, he may be
required to serve the sentence.
When to apply for probation
 The application for probation must be filed within the
period for perfecting an appeal (15 days from
promulgation).
 When a convict has perfected an appeal, an
application for probation cannot be granted..
Sable v Pp
“the probation law is patently clear that no application for
probation shall be entertained or granted if the defendant
has perfected the appeal from the judgment of conviction.”
“consequently, probation should be availed of at the first
opportunity by convicts who are willing to be reformed
and rehabilitated; who manifest spontaneity, condition and
remorse.”
Colinares v Pp
In a real sense, the court’s finding that Arnel was guilty,
not of frustrated homicide, is an original conviction that
for the first time imposes on him a probationable penalty.
Had the RTC done him right from the start, it would have
found him guilty of the correct offense and imposed on
him the right penalty of two years and four months
maximum. This would have afforded Arnel the right to
apply for probation.
Disqualified from probation
 sentence to a maximum term of imprisonment of
more than 6 years;
 convicted of subversion, crimes against national
security or public order;
 previously convicted by final judgment by:
- imprisonment of more than 6 months, and/or
- fine more than 1, 000.00
 have been once on probation;
 those already serving sentence at the time the
provisions of the probation law became applicable.
ART. 89 - Total Extinction of criminal liability.
• Death
• Service of sentence
• Amnesty
• Absolute pardon
• Prescription of the crime
• Prescription of the penalty
• Marriage (ART 344)
Death
Personal penalties – extinguished whether death occurs
before or after conviction.
Pecuniary penalties are extinguished when death occurs
before final judgment. Fines and cost shall subsist if death
occurs after final judgment.
Death before final judgment.
When death occurs before final judgment, e.g., pending
appeal, the criminal liability of the accused is extinguished
as well as his civil liability if it is based solely on the
offense committed. If the civil liability can be predicated
on some other source of obligation other than delict
(crime), e.g., law, contracts or quasi-delict, the claim for
civil liability survives.
Pp v. Bayotas
• Death of the accused pending appeal of his conviction
extinguishes his criminal liability as well as the civil liability
based solely thereon. As opined by Justice Regalado, in this
regard, “death of the accused prior to final judgement terminates
his criminal liability and only the civil liability directly arising
from and based solely on the offense committed.
• Corollarily, the claim for civil liability survives
notwithstanding the death of accused, if the same may also be
predicated on a source of obligation other than delict. ART 1157
of the Civil Code enumerates these other sources of obligation
from which the civil liability may arise as a result of the same act
or omission.
Amnesty and pardon
 Amnesty completely extinguishes the offense, the
penalty and the effects thereof. However, pardon does
not extinguish civil liability.
 Pardon merely exempts the convict from the
punishment the law inflicts for a crime committed.

Periods of probation Amnesty Pardon

 if term of imprisonment is not more than 1 year  Group/class
probation shall not exceed two years.  May be exercised before
 if sentenced to more than 1 year probation shall not or after conviction
exceed 6 years.  Looks backward
 Completion of the period of probation and discharge  Affects recidivism
of the probationer shall operate to restore him to all  Civil liability remains
civil rights.  Public act of the
President
 Individual
 Exercised after conviction
 Looks forward
 Recidivism stays
 Civil liability remains
 Private act of the President

Prescription of the crime/penalty

Criminal Law notes | Fiscal Carillo | Compiled by: Angelika Cotejo EH203 8
• The State loses the right to prosecute an offender to
the lapse of time. Prescription
• The State loses right to execute final sentence after
the lapse of time.  Prescription of penalties – sentence must be final
• Marriage of the offended woman (ART 344); must be  Prescription of crimes – penalty prescribed by law
in good faith  Prescription of penalties – penalty imposed

Pp v SANTIAGO ART. 91 - Computation of Period

“The manner in which the appellant dealt with the girl
after the marriage, as well as before, shows that he had no
bona fide intention of making her his wife, and the
ceremony cannot be considered binding on her because of
duress. The marriage was therefore void for lack of
essential consent. And it supplies no impediment to the
prosecution of the wrongdoer.”
• Commences to run on the day the crime is discovered
by the offended part, authorities, or their agents
• It is interrupted by the filing of complain or
information
• Commences to run again when the proceedings
terminate without the accused being convicted or
acquitted or unjustifiably stopped for any reason not
imputable to him.

ART. 90 - Prescription of crimes

ART. 92 - Prescription of Penalties
 Prescription of penalties – sentence must be final.
The state loses the right to prosecute an offender.  Prescription of crimes – penalty prescribed by law
Penalty Prescription  Prescription of penalties – penalty imposed
Death, Reclusion Perpetua, Reclusion Temporal 20 years
Other Afflictive penalties 15 years
ART. 93 - Computation of period
Correctional penalties 10 years
Except by Arresto Mayor 5 years
 Commence to run when culprit evades service of
Libel and other similar offenses 1 year sentence.
Oral Defamation and Slander by Deed 6 months  Interrupted when convict:
Light Offenses 2 months  Gives himself up
-  Captured
Prescriptive periods of crimes punished by special laws  Goes to a foreign country with which the
(Act No. 3763) government has no extradition treaty, or
Punished by:  Commits another crime before the expiration of
the period Evasion of service of sentence is
 Fine/ Imprisonment (not more than 1 month) - 1 year
essential for the rules on prescription to apply.
 Imprisonment > 1 month, less than 2 yrs - 4 years

Rules in special laws ART. 94 - Partial Extinction

• Period of prescription begins from the date of
commission or date of discovery up to the institution
of judicial proceedings.
• Period is interrupted when proceedings are instituted
against guilty person and begins to run again if
proceedings are dismissed for reasons not
constituting double jeopardy.
• Accused cannot be convicted of a lesser offense than
that charged if the lesser offense has already
prescribed at the time the information was filed.
Interruption
 RPC - filing of complaint or information
 SPL - institution for judicial
investigation and punishment
 RPC & SPL - filing with public prosecutor
 Ordinances - filing of information in court
 Conditional Pardon - Condition usually takes the
form of an undertaking that the convict shall not
violate any penal law.
 Commutation - Commutation reduces the degree of
the penalty or reduces the length of imprisonment.
ART. 97 - Good Conduct Allowances
 Good conduct of a prisoner during his imprisonment
will result in a deduction of his sentence:
First 2 years of good behavior 5 days/ month
3rd to 5th year of good behavior 8 days/ month
6th to 10th year of good behavior 10 days/ month
proceeding for
11th and sucessive years of good behavior 15 days/ month
ART. 98 - Special time allowance for loyalty.

Criminal Law notes | Fiscal Carillo | Compiled by: Angelika Cotejo EH203 9

 1/5 of the period of the sentence;
 Evade service during disorders, conflagrations,
earthquakes, or other calamities;
 Gives himself up within 48 hours following the
proclamation announcing the passing away of the
calamity or catastrophe.
 An essential element of this article is that the convict
must leave the penal institution.
ART. 100 - Civil Liability
 A person who is criminally liable is also civilly
liable.
 This principle is based on the dual character of a
crime.
 A crime is (1) an offense against the State because it
disturbs the social order and (2) it injures a private
individual unless there is no private injury that is
inflicted or the nature of the crime does not involve
injury to private individuals.
Acquittal
 Acquittal in the criminal case does not carry with it
extinction of the civil liability.
 EXCEPTION: When there is a finding in the final
judgment that the act or omission from which the
civil liability may arise does not exist, the civil
liability is deemed extinguished.
Abellana v Pp
Simply stated, civil liability arises when one, by reason of
his own act or omission, done intentionally or negligently,
causes damage to another. Hence, for petitioner to be
civilly liable to spouses Alonto, it must be proven that the
acts he committed had caused damage to the spouses.
Instances when the extinction of the criminal liability does
not extinguish civil liability.
 Reasonable doubt. When the acquittal is based that
proof beyond reasonable doubt has not been
presented.
 Non-imputability. In cases of insanity, imbecility or
minority.
 In actions for negligence. Civil liability may be based
on quasi-delicit
 Only civil liability.
 Independent civil actions. ART 31, 32, 33 and 34 of
NCC. (do not confuse this with a separate civil action)
Under the Rules of Court; Criminal Procedure.
When a criminal action is instituted, the civil action for
recovery of civil liability arising from the offense charged
shall be deemed instituted with the criminal action unless:
 Offended party waives the civil action
Criminal Law notes | Fiscal Carillo | Compiled by: Angelika Cotejo EH203
 Offended party reserves the right to institute it
separately;
 Offended party institutes the civil action prior to the
criminal action.
Separate civil action
 The filing of a criminal action is not necessary to the
filing of and prosecution of a civil action, thus the
term “separate civil action”.
 However, once a criminal action has been filed, there
are two scenarios that may arise.
• If the criminal action is filed ahead of the
separate civil action- the separate civil action
arising therefrom cannot be instituted until final
judgment has been rendered in the criminal
action.
• If the civil action is filed ahead of the
criminal action – the civil action shall be
suspended in whatever stage before judgment on
the merits. Suspension shall last until final
judgment.
Applicability of the rules.
 Identity of parties and subject matter.
 The claimant in the civil action is the offended party
in the criminal action and both cases arise from the
same offense or transaction.
Separate civil action
 If the offended party has reserved the right to file a
separate civil action, he loses the right to intervene in
the prosecution of the criminal case. (You can still
testify as a witness but you are not allowed to collect
evidence?)
 If the offended party is represented by a private
prosecutor in the criminal case and the court did not
award any civil liability, he cannot file an
independent civil action for said civil liability.
Prejudicial question
 Generally, a criminal case should be decided first
before the civil action arising from the crime. An
exception to the rule is a Prejudicial Question.
 A prejudicial question is a civil case that must be
decided first before the criminal action. It requires:
(1) a previously instituted civil action whose issues
are similar or intimately related to the issues raised in
a subsequent criminal action, and
(2) the resolution of such issue determines whether
the criminal action may proceed or not. (Sec. 6, Rule
111 RRC)
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• A civil action where the genuineness of a document is
put in issue is prejudicial to the criminal case for
falsification of the same document.
• A petition for the annulment of a subsequent
marriage on grounds of duress is a prejudicial
question to a criminal case for bigamy.
Pp v Jadap
As to damages, when death occurs due to a crime, the
following may be awarded: (1) civil indemnity ex delicto
for death of the victim; (2) actual or compensatory
damages; (3) moral damages; (4) exemplary damages; and
(5) temperate damages.
 Civil indemnity is mandatory and granted to the heirs
of the victim without need of proof other than the
commission of the crime. In cases of murder and
homicide, moral damages may be awarded without
allegation and proof of emotional suffering of the
heirs, other than the death of the victim, since the
emotional wounds from the vicious killing of the
victim cannot be denied. (Jadap)
Exemplary damages
 ART. 2230 of the Civil Code states that exemplary
damages may be imposed when the crime was
committed with one or more aggravating
circumstances, as in this case. (Jadap)
Pp v Rante
Being corrective in nature, exemplary damages, therefore,
can be awarded, not only in the presence of an aggravating
circumstance, but also where the circumstance of the case
show the highly reprehensible or outrageous conduct of
the offender.
Pp v. Dalisay
Simple Rape. As to the amount of damages, the Court
finds as correct the award of P50,000.00 as civil
indemnity and P50,000.00 as moral damages in line with
prevailing jurisprudence. Exemplary damages in the
amount of P30,000.00 was also awarded.
Pp v. Garcia
Qualified Rape
Civil Indemnity - P75,000.00
Moral Damages - P75,000.00
Exemplary - P30,000.00
Awarded without need of further proof other than the
commission of the crime.
Seguritan v. Pp
Homicide. Civil Indemnity - without need of proof other
than that a crime was committed resulting in the death of
Criminal Law notes | Fiscal Carillo | Compiled by: Angelika Cotejo EH203
the victim and that petitioner was responsible therefore –
P50,000.00
Loss of earning capacity
 The award of P135,331.00 for the loss of earning
capacity was also in order. The prosecution
satisfactorily proved that the victim was earning an
annual income of P14,000.00 from the harvest of
pineapples. Besides, the defense no longer impugned
this award of the trial court. (Seguritan)
Actual damages; receipts
 This has to be supported that these damages were
actually spent and there is need for compensation. Of
course this is not the only way but there must be
sufficient proof of the actual amounts
 It is error for the trial court and the appellate court to
award actual damages of P30,000.00 for the expenses
incurred for the death of the victim. We perused the
records and did not find evidence to support the plea
fro actual damages. (Seguritan)
Temperate damages
 When pecuniary loss has been suffered but the
amount cannot, from the nature of the case, be proven
with certainty, temperate damages may be recovered
(P25,000.00). (Seguritan)
 In People vs Villanueva, we held that when actual
damages proven by receipts during the trial amount
to less than P25,000.00 is justified in lieu of actual
damages for a lesser amount. (Quidet vs Pp, GR No.
170289, April 8, 2010)
Moral damages
 Moral damages was correctly awarded to the heirs of
the victim without need of proof other than the fact
that a crime was committed resulting in the death of
the victim and that the accused was responsible
therefor. The award of P50,000.00 as moral damages
conforms to existing jurisprudence. (Seguritan)
ART. 101 - The following shall be civilly liable.
 Insanity, imbecility and minority, the person having
legal authority or control. If the said person can prove
that there was no fault or negligence on his part, the
insane, imbecile or minor shall answer with his own
property.
 Avoidance of greater evil or injury, the person for
whose benefit the harm has been prevented in
proportion to the benefit which he may have
received.
 Compulsion of an irresistible force or under the
impulse of an uncontrollable fear, those using
violence or causing fear shall be civilly liable.
ART 102. Subsidiary civil liability (the proprietor or
owner is liable if the offender is insolvent)
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 Innkeepers, tavern keepers, any other person where a
crime is committed in their establishment.
 A violation of municipal ordinance or a general or
special police action is committed by them or their
employees.
 Notice in advance of the deposit of the goods.
 Follow the directions of the innkeeper in the care and
vigilance of the goods
 The goods were taken by robbery with force upon
things or theft committed within the inn or house.
ART. 103 - Subsidiary civil liability of other persons.
• Employers,
• Teachers,
• Persons or corporations engaged in any kind of
industry
• Felony committed by servants, pupils, workmen,
apprentices, or employees while in the discharge of
duties.
• Must be involved in any kind of industry.
• The felon is insolvent.
Decision convicting the employee
 (Relationship is gauged at the time of the commission
of the crime, not when the driver is found guilty by
the court. Meaning to say, if dili kabayd imong driver
kay wala siyay property, ikaw as the owner of the
transportation company will pay.)
• Binding on the employer. The decision need not
expressly state the liability of the employer.
• The decision regarding the civil liability is binding in
the employer not only with the fact of the liability but
also with respect to the amount.
What must be proved
• Employer of the convicted employee.
• Engaged in industry.
• Crime committed in the discharge of duty.
• Execution is unsatisfied; employee is
insolvent.
• Need not be in a separate civil action;
hearing in the criminal action with notice
to the employer.
ART .104 - What is included in civil liability
• Restitution;
• Reparation of the damage caused;
• Indemnification for the consequential
damages.
 Restitution – return of the thing stolen in cases of
theft
 Reparation - in theft if the thing stolen cannot be
returned, its value. In physical injuries, the expenses
for the treatment of the injuries.
Criminal Law notes | Fiscal Carillo | Compiled by: Angelika Cotejo EH203
 Indemnification – loss of earning capacity
Civil liability Pecuniary liability
 Restitution  Reparation
 Reparation  Indemnification
 Indemnification  Fine
 Costs
ART. 105 - Restitution
 Restitution refers to the very same thing taken/stolen.
 To give something similar in kind, amount, species or
quality is not restitution.
Restitution
 Generally, the owner of a thing illegally taken may
recover it even from a third person who has acquired
it by lawful means. When the third person acquires
the item in good faith at a public sale, the owner
cannot obtain its return without reimbursing the price
paid therefore.
 Restitution is no longer an option when the
acquisition of the item is in the manner and under the
requirements which, by law, bar an action for
recovery.
 A person who is not a party to a case cannot recover
in the criminal action any indemnity from the
accused
 If A stole from B, and sold the stolen item to C. if the
item is recovered from C he cannot recover from A in
case where B is the offended party.
ART. 106 - Reparation
 Reparation will be ordered by the court if restitution
is not possible. (sentimental value can be awarded if
it is supported by sufficient evidence)
 Reparation includes any damages caused by the
felonious act.
 It includes the item’s special sentimental value to the
injured party.
ART. 107 - Indemnification
 Indemnification - crimes against persons
 Reparation - crimes against property
Examples of Indemnification:
 expenses for hospitalization in physical injuries
 suffering of surviving family members
 loss of earning capacity
Loss of earning capacity
 Both the RTC and the Court of Appeals failed to
consider that under ART. 2206 of the Civil Code, the
accused are also jointly and severally liable for the
loss of the earning capacity of Biag and such
indemnity should be paid to his heirs. (Lagat)
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ART. 108 - Obligation to satisfy civil liability; right to
demand
 Obligation - heirs of the person liable.
 Right to demand – heirs of the person injured.
 Obligation is dependent on what property was left by
the person liable.

ART. 109 - Share of each person civilly liable

 Courts shall determine the amount for which each
person must be personally liable.

ART. 110 - Liability of principals, accomplices and

accessories
 Those within a particular class (principal, accomplice,
accessory) shall be liable solidarily.

ART. 111 - Obligation to make restitution

 In this article, the person must not be criminally
liable
 He participates gratuitously in the proceeds of the
crime

ART . 112 - Extinction of civil liability

 Same causes for the extinguishment of civil
obligations.
 payment or performance;
 loss of the thing due
 condonation or remission
 confusion or merger
 compensation (naa kay utang nako, naa
pud koy utang nimo. quits ta.)
 Novation

ART. 113 - Obligation to satisfy civil liability.

 Notwithstanding service of sentence or amnesty,
pardon, commutation an offender shall continue to be
obliged to satisfy civil liability resulting from crime.

Criminal Law notes | Fiscal Carillo | Compiled by: Angelika Cotejo EH203 13