CRIM 1: COMPILATION

● Deprives a person accused of a crime some

PRELIMINARIES
lawful protection to which he has become
entitled
THEORIES IN CRIMINAL LAW Bill of Attainder - a legislative act that inflicts
1. Classical or Juristic (adopted by the RPC) punishment without trial
2. Positivist or Realistic 2. Due process of law
3. Eclectic or Mixed 3. Non-imposition of cruel and unusual punishment nor
4. Utilitarian or Protective should it impose excessive fines
4. It must be general in application and must clearly define
SOURCES OF CRIMINAL LAW the acts and omissions punished as crimes
1. Revised Penal Code 5. No person shall be deprived of life, liberty or property
2. Special Penal Laws without due process of law
3. Penal Presidential Decrees
CHARACTERISTICS OF CRIMINAL LAW
LIMITATIONS OF POWERS OF CONGRESS TO ENACT 1. General
PENAL LAWS XPNS:
1. No ex post facto law or bill of attainder shall be enacted 1) Treaty stipulations
Ex post facto laws include laws that: 2) Principle of Public International Law
● Make criminal an act done before the passage of 3) Laws of Preferential Application
law and which was innocent when done, and 2. Territorial
punishes such an act 3. Prospective
● Aggravates a crime XPN
● Changes the punishment and inflicts a greater 1) When law is favorable to the accused
punishment than the law annexed to the crime 2) Law decriminalizes an act
when committed XPN to XPN
● Alters the legal rules of evidence and authorizes 1. When the new law is expressly made
conviction upon less or different testimony than applicable to pending actions or existing
the law required at the time of the commission of causes of action
the offense 2. When the offender is a habitual criminal
● Assumes to regulate civil rights and remedies
only, in effect imposes penalty or deprivation of
right for something which when done was lawful

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5. COMMISSION OF ANY OF THE CRIMES AGAINST

ARTICLE 1: TIME WHEN ACT TAKES EFFECT
NATIONAL SECURITY AND THE LAW OF NATIONS

ARTICLE 2: APPLICATION OF ITS PROVISIONS TITLE ONE: FELONIES & CIRCUMSTANCES

WHICH AFFECT CRIMINAL LIABILITY
APPLICABILITY OF THE RPC CHAPTER ONE
1. Extra-territoriality -applicable even outside PH territory
2. Exterritoriality - immunity of certain persons
ARTICLE 3: DEFINITIONS
3. Intraterritoriality - applicable within the PH

EXTRA-TERRITORIALITY PRINCIPLE ELEMENTS OF FELONIES (GENERAL)

1. COMMISSION OF AN OFFENSE WHILE ON A PH 1. There must be an act or omission
SHIP OR AIRSHIP 2. The act or omission must be punishable by the RPC
Requisites: 3. The act is performed or the omission is incurred by
a) Crime must be committed on board a private or means of dolo or culpa
merchant ship
b) Ship must be registered in the PH under PH laws CLASSIFICATION OF CRIMES
c) Crime must be committed while the registered ● As to means by which they are committed
ship is on international waters a) Dolo or intentional felonies
b) Culpa or culpable felonies
2. FORGING OR COUNTERFEITING ANY COIN OR c) Penalized by Special laws, municipal or city
CURRENCY NOTE OF THE PH OR OBLIGATIONS ordinances
AND SECURITIES ISSUED BY THE GOVERNMENT ● As to stage of execution
3. INTRODUCTION INTO THE PH OF OBLIGATIONS a) Attempted
AND SECURITIES MENTIONED IN THE PRECEDING b) Frustrated
NUMBER c) Consummated
4. PUBLIC OFFICERS OR EMPLOYEES WHO COMMIT In relation thereto you can also classify them by:
AN OFFENSE IN THE EXERCISE OF THEIR a) Formal felonies
FUNCTIONS b) Material Felonies
c) Crimes with no frustrated stage
● As to gravity

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a) Grave REQUISITES OF CULPA (FIN)

b) Less Grave 1. Freedom
c) Light 2. Intelligence
● As to count 3. Negligence, imprudence, lack of foresight or lack of skill
a) Composite REQUISITES OF MISTAKE OF FACT AS A DEFENSE
b) Compound (MMN)
c) Complex 1. Mistake must be honest and reasonable
d) Continued 2. It be a matter of fact
e) Continuing 3. It negates the culpability required to commit the crime
● As to nature or the existence of the mental stage which the statute
a) Mala in se prescribes with respect to an element of the offense.
b) Mala Prohibita
ARTICLE 4: CRIMINAL LIABILITY
REQUISITES OF DOLO OR MALICE (FIC)
1. Freedom
2. Intelligence
3. Criminal Intent PAR 1: CRIMINAL LIABILITY SHALL BE
INCURRED BY ANY PERSON COMMITTING A
MOTIVE: WHEN RELEVANT FELONY ALTHOUGH THE WRONGFUL ACT DONE
1. If the evidence is merely circumstantial BE DIFFERENT FROM THAT WHICH HE
INTENDED
2. Where the identification of the accused proceeds from
an unreliable source and the testimony is inconclusive
and not free from doubt REQUISITES FOR APPLYING ARTICLE 4(1)
3. In ascertaining the truth between two antagonistic 1. The accused must be committing an intentional felony
theories or versions of the killing 2. Felony committed by the accused should be the
4. Where there is no eyewitness proximate cause of the resulting injury
5. When the act alleged to be committed in defense of
stranger but it must not be induced by revenge,
resentment or other evil motive PAR 2: CRIMINAL LIABILITY SHALL BE INCURRED
6. Evidence of guilt of the accused is inconclusive BY ANY PERSON PERFORMING AN ACT WHICH
7. The act could give rise to various crimes WOULD BE AN OFFENSE AGAINST PERSONS OR
PROEPRTY, WERE IT NOT FOR THE INHERENT

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REQUISITES:
IMPOSSIBILITY OF ITS ACCOMPLISHMENT OR ON
ACCOUNT OF THE EMPLOYMENT OF 1. The court after trial finds the accused guilty
INADEQUATE OR INEFFECTUAL MEANS 2. Penalty provided by law and which the court imposes for
the crime committed appears to be clearly excessive
because the accused acted with lesser degree of malice/
ELEMENTS OF IMPOSSILE CRIME
no injury or injury caused is of lesser gravity
1. The act performed must be an offense against persons or
3. The court should not suspend the execution of the
property
sentence
2. Act was done with evil intent
4. The judge should submit a statement to the Chief
3. Accomplishment is inherently impossible or that the
Executive, through the Secretary of Justice,
means employed is either inadequate or ineffectual
recommending executive clemency
4. The act performed should not constitute a violation of
another provision in the RPC

ARTICLE 6: CONSUMMATED, FRUSTRATED &

ATTEMPTED FELONIES
ARTICLE 5: DUTY OF THE COURT

THREE STAGES OF ACTS OF EXECUTION

PAR 1: ACTS WHICH SHOULD BE REPRESSED BUT 1. Attempted
WHICH ARE NOT COVERED BY LAW 2. Frustrated
REQUISITES: 3. Consummated
1. The act committed by the accused appears not
punishable by any law STAGES OF EXECUTION DOES NOT APPLY TO THE
2. But the court deems it proper to repress such act FOLLOWING
3. In that case, the court must render the proper decision 1. Offenses punished by special laws
by dismissing and acquitting the accused 2. Formal crimes
4. The judge must then make a report to the Chief 3. Impossible crimes
Executive through the Secretary of Justice stating the 4. Crimes consummated by mere attempt
reasons which induce him to believe that the said act 5. Felonies by omission
should be made the subject of a penal legislation 6. Crimes committed by mere agreement

PAR 2: EXCESSIVE PENALTIES

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ELEMENTS OF ATTEMPTED FELONY 3. Alteration of boundary marks

1. Offender commences the commission of the felony 4. Malicious Mischief
directly by overt acts 5. Intriguing against honor
2. He does not perform all acts of execution which should
produce the felony
ARTICLE 8: CONSPIRACY AND PROPOSAL TO
3. Offender’s act is not stopped by his own spontaneous COMMIT FELONY
desistance
4. Non-performance of all acts of execution was due to a
GR: Mere conspiracy or proposal to commit a felony is not
cause or accident other than the offender’s own
punishable since they are only preparatory acts
spontaneous desistance
- XPN: Law specifically provides for a penalty.
ELEMENTS OF FRUSTRATED FELONY
REQUISITES OF CONSPIRACY (ACE)
1. The offender performs all acts of execution
1. Two or more persons came to an agreement
2. All of the acts of execution would produce the felony as
2. Agreement concerned the commission of a felony
a consequence
3. Execution of the felony be decided upon
3. But the felony is not produced
4. By reason of causes independent of the will of the
THE LAW SPECIFICALLY PROVIDES PENALTY FOR
perpetrator
MERE CONSPIRACY IN
1. Treason
CONSUMMATED FELONY
2. Rebellion
- A felony is consummated when all the elements
3. Insurrection
necessary for its execution and accomplishment are
4. Coup d’ etat
present
5. Sedition
6. Monopolies and Combinations in restraints of trade
ARTICLE 7: LIGHT FELONIES 7. Selected acts committed under Dangerous Drugs Act
8. Espionage
LIGHT FELONIES UNDER THE RPC (STAMI) 9. Illegal Association
1. Slight physical injuries 10. Arson
2. Theft when the value of thing does not exceed 500 and 11. Terrorism under the Human
theft is committed under the circumstances enumerated
in Art 308 REQUISITES PROPOSAL TO COMMIT A FELONY:
1. A person has decided to commit a felony

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2. He proposes its execution to some other person 4. Perpetual or temporary special disqualification
5. Prison mayor
THE LAW SPECIFICALLY PROVIDES PENALTY FOR 6. Fines of more than one million two hundred thousand
MERE PROPOSAL IN LESS GRAVE FELONIES
1. Treason 1. Prison correccional
2. Rebellion 2. Arresto mayor
3. Insurrection 3. Suspension
4. Coup d’ etat 4. Destierro
PROPOSAL TO COMMIT A FELONY NOT 5. Fines equal to or more than one million two hundred
PUNISHABLE WHEN thousand pesos but less than forty thousand pesos
1. The person who proposes is not determined to commit LIGHT FELONIES
the felony
2. There is no decided concrete and formal proposal but a
mere suggestion
ARTICLE 10: OFFENSES NOT SUBJECT TO THE
3. It is not the execution of the felony that is proposed PROVISION OF THE RPC

CHAPTER TWO
ARTICLE 9: CLASSIFICATION OF FELONIES
ACCORDING TO GRAVITY THE FOLLOWING ARE MODIFYING
CIRCUMSTANCES
CLASSIFICATION: 1. Justifying
1. Grave - law attaches the capital punishment or penalties 2. Exempting
which in any of their periods are afflictive 3. Mitigating
2. Less Grave - law punishes with penalties which in their 4. Aggravating
maximum period are correctional 5. Alternative
3. Light - infrastions of law for which the penalty of arresto 6. Absolutory cause
menor or a fine not exceeding forty thousand pesos or 7. Extenuating
both
GRAVE FELONIES
1. Reclusion perpetua
2. Reclusion temporal
3. Perpetual or temporary absolute disqualification

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3. Descendants
4. Legitimate, Natural or Adopted Brothers and Sisters or
ARTICLE 11: JUSTIFYING CIRCUMSTANCE
relatives by affinity in the same degrees
SIX JUSTIFYING CIRCUMSTANCE 5. Relatives by consanguinity within the 4th civil degree
1. Self-defense
2. Defense of relatives
3. Defense of stranger PAR 3: DEFENSE OF STRANGERS
4. Avoidance of greater evil or injury REQUISITES OF DEFENSE OF STRANGER
5. Fulfillment of duty or lawful exercise of right or office 1. Unlawful aggression
6. Obedience to an order issued for some lawful purpose 2. Reasonable necessity of means employed to prevent or
repel it
3. The person defending was not induced by revenge,
PAR 1: SELF-DEFENSE
resentment or other evil motive
REQUISITES OF SELF-DEFENSE
1. Unlawful Aggression
2. Reasonable necessity of the means employed to prevent PAR 4: AVOIDANCE OF GREATER EVIL OR INJURY
or repel it REQUISITES:
3. Lack of sufficient provocation on the part of the person 1. Evil sought to be avoided actually exists
defending himself 2. Injury feared be greater than that done to avoid it
3. There is no other practical and less harmful means of
preventing it
PAR 2: DEFENSE OF RELATIVES
REQUISITE OF DEFENSE OF RELATIVES
1. Unlawful aggression PAR 5: FULFILLMENT OF DUTY OR LAWFUL
EXERCISE OF RIGHT OR OFFICE
2. Reasonable necessity of the means employed to prevent
or repel it REQUISITES
3. In case the provocation was given by the person 1. Accused acted in performance of a duty or in the lawful
attacked, the one making the defense had no part exercise of a right or office and;
therein 2. The injury caused or the offense be the necessary
consequence of the due performance of duty or lawful
RELATIVES THAT CAN BE DEFENDED exercise of such right or office
1. Spouse
2. Ascendants

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SUMMARY OF RULES:
PAR 6: OBEDIENCE TO AN ORDER ISSUED FOR
SOME LAWFUL PURPOSE
REQUISITES 15 or under regardless of Exempt but shall undergo
1. An order has been issued by a superior discernment intervention program
2. Such order must be for some lawful purpose
3. Means used by the subordinate to carry out said order is Above 15 but below 18 Exempt but shall undergo
lawful without discernment intervention program

Above 15 but below 18 with Subject to criminal liability

ARTICLE 12: EXEMPTING CIRCUMSTANCES
SIX EXEMPTING CIRCUMSTANCES
1. Imbecility or insanity
2. Minority (codal amended)
3. Accident without fault or intention of causing it
4. Compulsion of irresistible force
5. Impulse of uncontrollable fear
6. Insuperable lawful cause
PAR 1: IMBECILITY OR INSANITY
ELEMENTS OF INSANITY
1. Defendant’s insanity constitutes a complete deprivation
of intelligence, reason or discernment
2. Such insanity existed at the time of or immediately
preceding the commission of the crime
IMBECILITY
- When a person while of advanced age has a mental
development comparable to that of children between
two (2) and seven (7) years of age
PAR 2 AND 3: MINORITY (MODIFIED BY RA 9344
AND RA 10630)
discernment but shall undergo diversion
program
At least 18 Subject to criminal liability
PAR 4: ACCIDENT WITHOUT FAULT OR
INTENTION OF CAUSING IT
ELEMENTS OF ACCIDENT
1. A person is performing lawful act
2. With due care
3. He causes injury to another by mere accident
4. Without fault or intention of causing
PAR 5 : COMPULSION OF IRRESISTIBLE FORCE
ELEMENTS OF IRRESISTIBLE FORCE:
1. Acts were compelled by means of a physical force
2. That such physical force must come from a third person
PAR 6: UNCONTROLLABLE FEAR
ELEMENTS OF UNCONTROLLABLE FEAR
1. The existence of an uncontrollable fear
2. Fear must be real and imminent

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3. Fear of an injury is greater than or at least equal to that
committed
PAR 7: INSUPERABLE CAUSE
ELEMENTS OF INSUPERABLE CAUSE
1. Act is required by law to be done
2. Fails to perform such act
3. His failure to perform such act was due to sme lawful
or insuperable cause
ABSOLUTORY CAUSES
Definition - Where act committed is a crime but for reasons of
public policy or sentiment there is no penalty imposed
EXAMPLES OF ABSOLUTORY CAUSES
1. Spontaneous desistance in the attempted stage
2. Death and Slight or less serious physical injuries
inflicted under Exceptional circumstances
3. Attempted or frustrated light felonies except those
against persons or property
4. Instigation by reason of public policy
5. Marriage of the offender and the offended party in case
of seduction, abduction, acts of lasciviousness and rape
6. Accessories who are exempt from criminal liability by
reason of relationship
7. Adultery and concubinage if the offended party shall
have consented or pardoned the offenders
8. Forgiveness by the offended party in marital rape
9. Certain relatives exempt from criminal liability for theft,
swindling and malicious mischief
10. Trespass to dwelling when the purpose of entering is to
prevent some serious harm to himself, the occupants of
the dwelling or a third person
CHAPTER THREE
ARTICLE 13 : CIRCUMSTANCES WHICH MITIGATE
CRIMINAL LIABILITY
KINDS OF MITIGATING CIRCUMSTANCE
1. Ordinary mitigating -lowers the penalty to the
MINIMUM period. The penalty must be divisible
2. Privileged mitigating - lowers the penalty prescribed by
one or more degrees whether divisible or indivisible.
Considered whatever the penalty is imposable
3. Specific mitigating - applies to a specific felony and
count either be ordinary or privileged depending upon
the extent of the reduction of the penalty authorized by
law
TEN MITIGATING CIRCUMSTANCES
1. Incomplete justifying or exempting circumstances
2. When offender is over 15 but under 18 who acted with
discernment or when he is over 70 years old
3. Lack of intention to commit so grave a wrong as that
committed
4. Sufficient provocation or threat on the part of the
offended party
5. Vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender or voluntary confession of guilt
8. Physical defect of offender
9. Illness of offender diminishing his will power and
10. Other similar reasons or analogous circumstances
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15 or under regardless of Exempt but shall undergo

NOTE: Article 13 enumerates ordinary mitigating discernment intervention program
circumstances
XPN: Special rules applicable to
Above 15 but below 18 Exempt but shall undergo
1. Minority- it is never ordinary and ALWAYS privileged,
without discernment intervention program
if not altogether exempting
2. Incompleteness of requisites to exempt or justify an act Above 15 but below 18 with Subject to criminal liability
becomes privileged mitigating when MAJORITY of the discernment but shall undergo diversion
requisites are present program

At least 18 Subject to criminal liability

PAR 1 : INCOMPLETE JUSTIFYING OR
EXEMPTING CIRCUMSTANCES 70 years or over (senility) Generally ordinary
mitigating unless he is a
Applicable to: habitual delinquent or his
1. Incomplete self-defense, defense of relatives and conduct disqualifies him
defense of stranger
2. Incomplete justifying circumstance of avoidance of a
greater evil or injury
3. Incomplete justifying circumstance of performance of PAR 3: INTENTION TO COMMIT SO GRAVE A
duty WRONG AS THAT COMMITTED (PRAETER
INTENTIONEM)
4. Incomplete justifying circumstance of obedience to an
order Intention may be ascertained by considering :
5. Incomplete exempting circumstance of minority over 15 1. Weapon used
and under 18 years of age 2. Injury inflicted
6. Incomplete exempting circumstance of accident 3. Manner it is inflicted
7. Incomplete exempting circumstance of uncontrollable 4. Part of Body injured
fear
WHEN NOT AVAILABLE AS MITIGATING
CIRCUMSTANCE
PAR 2: OVER 15 AND UNDER 18 ACTING WITHOUT
1. Praeter intentionem is not available to felonies of
DISCERNMENT, OR OVER 70 YEARS OLD
negligence
2. Not available as defense in violation of Anti-hazing law

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3. Cannot be appreciated in aberratio ictus and error in

PAR 6: PASSION OR OBFUSCATION
personae because in these cases, there is an intent to
commit a felony REQUISITES OF PASSION OR OBFUSCATION
1. There must be an act, both unlawful and sufficient to
produce such a condition (passion or obfuscation) of the
PAR 4: SUFFICIENT PROVOCATION OR THREAT mind
ON THE PART OF THE OFFENDED PARTY
2. Said act which produced the obfuscation was not far
REQUISITES OF PROVOCATION removed from the commission of the crime by a
1. Provocation must be sufficient considerable length of time during which the
- Depends upon perpetrator might recover his normal equanimity
a) Act constituting the provocation 3. Passion or obfuscation must arise from lawful
b) Social standing of the person provoked sentiments
c) Place and time when the provocation is made PASSION AND OBFUSCATION CANNOT CO-EXIST
WITH
2. It must originate from the offended party 1. Vindication of grave offense
3. The provocation must be immediate to the act 2. Evident premeditation
3. Treachery
PAR 5: VINDICATION OF GRAVE OFFENSE
REQUISITES OF VINDICATION OF GRAVE OFFENSE: PAR 7: VOLUNTARY SURRENDER AND
1. Victim committed grave offense (need not be a crime) VOLUNTARY CONFESSION OF GUILT
2. Grave offense committed against the offender or his TWO MITIGATING CIRCUMSTANCE ARE PRESENT
spouse, ascendants, descendants, legitimate, 1. Voluntary surrender to person in authority or his agents
illegitimate or adopted brothers or sisters or his relatives 2. Voluntary confession of guilt before the court prior to
by affinity within the same degree the presentation of evidence for the prosecution
3. The offender committed the crime in proximate
vindication of such grave offense EFFECT IF BOTH ARE PRESENT
- There will be two independent mitigating
FACTORS TO BE CONSIDERED: circumstances.
1. Social standing of the person
2. Place
3. Time when the insult was made

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VOLUNTARY SURRENDER CIRCUMSTANCES

REQUISITES OF VOLUNTARY SURRENDER THE FOLLOWING ARE ANALOGOUS
1. The offender has NOT actually been arrested 1. When offender is over 60 years old with failing sight
2. Offender surrendered himself to a person in authority or 2. When debtor tried to evade payment of his debt which
to the latter’s agent caused outraged feelings on the part of the offender-
3. The surrender was voluntary creditor
3. Impulse of jealousy
4. Manifestation of battered wife syndrome
5. Espirit de corps
VOLUNTARY CONFESSION
6. Voluntary restitution of stolen property
REQUISITES OF VOLUNTARY CONFESSION 7. Extreme poverty and necessity
1. Offender spontaneously confessed his guilt 8. Testifying for the prosecution
2. Confession of guilt was made in open court 9. Restitution of missing funds in malversation
3. Confession of guilt was made PRIOR to the presentation
of evidence CIRCUMSTANCES WHICH ARE NEITHER
EXEMPTING NOR MITIGATING
PAR 8: PHYSICAL DEFECT OF THE OFFENDER 1. Mistake in blow or aberratio icus
2. Mistake in identity
NOTE: Physical defect must relate to the offense committed.
3. Entrapment
Without such relation, the defect or illness should not be
4. Accused over 18 years of age
considered
5. Performance of righteous action

CHAPTER FOUR
PAR 9: ILLNESS OF THE OFFENDER
REQUISITES OF ILLNESS ARTICLE 14: AGGRAVATING CIRCUMSTANCES
1. Illness of the offender must Diminish the exercise of his
KINDS OF AGGRAVATING CIRCUMSTANCES
will power
1. Generic aggravating -can generally apply to all crimes.
2. Such illness should NOT deprive the offender of the
- Increases the penalty which should be imposed
consciousness of his acts
upon the accused to the maximum period but
without exceeding the limit prescribed by law
PAR 10: SIMILAR OR ANALOGOUS - May be offset by an ordinary mitigating

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- Examples:
a) Contempt or insult of public authority
b) Recidivism
c) Nighttime, uninhabited place or band
d) Abuse of confidence or obvious
ungratefulness
e) Place and time of commission of offense
f) Crime committed in the dwelling of the
offended party
g) Breaking of parts of the house
h) Unlawful entry
i) Habituality
j) Use of persons under 15 years of age
k) Craft, fraud or disguise
2. Specific aggravating - apply only to particular classes of
crimes.
- Examples:
a) Disregard of rank, age or sex apply only
in crimes against persons and honor
b) Abuse of superior strength or means
employed to weaken the defense is
applicable only to crimes against perons
c) Treachery is applicable only to crime
against persions
d) Ignominy is applicable only in crimes
against chastity
e) Cruelty in crimes against persons
3. Qualifying aggravating - change the nature of the crime
and the designation of the offense and resultatly
increase the penalty to a higher degree
- Gives crime its proper and exclusive name
- Cannot be offset by a mitigating circumstances
- Examples of circumstances that qualify killing of
a person
a) Treachery, taking advantage of superior
strength, with aid of armed men or
employing means to weaken the defense
b) In consideration of price, reward or
promise
c) By means of inundation, fire, poison,
explosion, shipwreck, stranding of a
vessel, derailment or assault upon a
railroad, fall of an airship, by means of
motor vehicles or with the use of any
other means involving great waste and
ruin
d) With evident premeditation
e) Cruelty by deliberately and inhumanly
augmenting the suffering of the victim or
outraging or scoffing at his person or
corpse
- Examples of circumstances which qualify the crime of
theft
a) Offender is a domestic servant
b) Committed with great abuse of confidence
c) Committed on occasion of fire, earthquake,
typhoon, volcanic eruption or any other
calamity, vehicular accident, or civil disturbance
d) If stolen property is a motor vehicle, mail matter
or large cattle
e) If the property stolen consist of coconuts taken
from the premises of a plantation, and;
f) If the property stolen are fish products from
fishpond or fishery
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CRIM 1: COMPILATION

4. Inherent aggravating - those that must necessarily

PAR 2: CONTEMPT OF OR WITH INSULT TO
accompany the commission of the crime and are treated PUBLIC AUTHORITIES
as essential elements of the offense. Thus they generally
REQUISITES OF CONTEMPT OF PUBLIC AUTHORITY
do not increase penalty
:
- Examples
1. Public authority is engaged in the exercise of his
a) Ignominy in rape
functions
b) Fraud in estafa
2. Public authority is not the person against whom the
c) Breaking of wall or unlawful entry into a
crime is committed
house in robbery
3. Offender knows him to be a public authority
d) Abuse of public position in malversation
4. His presence has not prevented the offender from
of public funds and property
committing the criminal act
e) Deciet in simple seduction
5. Specific aggravating - arise under special conditions to
increase penalty of an offnse and cannot eb offset by a PAR 3: INSULT OR IN DISREGARD OF RESPECT
mitigating circumstance DUE TO THE OFFENDED PARTY ON ACCOUNT OF
- Example: HIS (1) RANK, (2) AGE (3) SEX (specific to female)
(4) THAT IT BE COMMITTED IN THE DWELLING
a) Complex crimes
OF THE OFFENDED PARTY, IF THE LATTER HAS
b) Use of unlicensed firearm NOT GIVEN PROVOCATION
c) Taking advantage of public position and
membership in an organized/syndicated NOTE: The four circumstances under this paragraph can be
crime group considered single or altogether. If all of them are present, they
d) Error in personae have weight of one aggravating circumstance only
e) Quasi-recividism

PAR 1: TAKING ADVANTAGE OF PUBLIC DISREGARD OF RANK, AGE AND SEX

POSITION NOTE: Applies only to crimes against persons, honor and
security
REQUISITES (I just turned what’s provided into an ● There must be difference in social condition of the
actual list) offender and the offended party when we talk about the
1. Offender is a public officer rank
2. Used (1) influence (2) Prestige or (3) Ascendance ● Sex refers to female

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CRIM 1: COMPILATION
DISREGARD OF RANK, AGE AND SEX IS NOT
APPLICABLE IN THE FOLLOWING
1. When offender acted with passion and obfuscation
2. When the condition of being a woman is indispensable
in the commission of the crime
3. When no evidence that the accused deliberately
intended to offend or insult the age of the victim
DWELLING
NOTE: Dwelling must be a building or structure exclusively
used for rest and comfort.
● Dwelling includes every dependency of the house that
forms an integral part thereof such as the staircase of the
house, its terrace and enclosures
REQUISITES
1. Offender committed the crime in the dwelling of the
offended party
2. Offender intentionally and deliberately disregarded
respect which dwelling is entitled.
- Offended has NOT given provocation (condition
sine qua non)
DWELLING IS NOT AGGRAVATING IN THE
FOLLOWING
1. Both the offender and the offended are occupants of the
same house
2. Robbery committed by use of force upon things
3. In crime of trespass to dwelling
4. The owner of the dwelling gave sufficient and immediate
provocation
5. Victim is not a dweller in the house
ABUSE OF CONFIDENCE
Note: Confidence must be immediate and personal
REQUISITES:
1. Offended party had trusted the offender
2. Offender abused such trust by committing a crime
against the offended party
3. Abuse of confidence facilitated the commission of the
crime
ABUSE OF CONFIDENCE IS INHERENT IN:
1. Qualified seduction
2. Qualified theft
3. Estafa by conversion or misappropriation
4. Malversation
OBVIOUS UNGRATEFULNESS
REQUISITES:
1. Offended party had trusted the offender
2. Offender abused such trust by committing a crime
against the offended party
3. Act be committed with obvious ungratefulness
PAR 5: (1) IN THE PALACE OF THE CHIEF
EXECUTIVE (2) IN HIS PRESENCE (3) WHERE
PUBLIC AUTHORITIES ARE ENGAGED IN THE
DISCHARGE OF THEIR DUTIES OR; (4) IN A
PLACE DEDICATED FOR RELIGIOUS WORSHIP
PAR 6: (1) NIGHTTIME (2) IN AN UNINHABITED
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CRIM 1: COMPILATION
PLACE (3) BY A BAND, WHENEVER SUCH
CIRCUMSTANCE MAY FACILITATE THE
COMMISSION OF THE OFFENSE (Generic, Special)
NOTE: There are 3 aggravating circumstances in this
paragraph. When present in the same and their element are
distinctly palpable and can subsist independently they shall be
considered separately
REQUISITES OF AGGRAVATING CIRCUMSTANCE OF
NIGHTTIME, UNINHABITED PLACE OR BAND
1. Facilitated the commission of the crime
2. Especially sought for by the offender to insure the
commission of the crime or for the purposes of impunity
3. The offended took advantage thereof for the purposes of
impunity
ELEMENTS OF BAND
1. There must be at least four malefactors
2. At least four are armed and;
3. At least four of them took part ir acted together in the
commission of the crime as principals by direct
participation
PAR 7: OCCASION OF A CONFLAGRATION,
SHIPWRECK, EARTHQUAKE, EPIDEMIC OR
OTHER CALAMITY OR MISFORTUNE (Generic;
Qualifying)
PAR 8: AID OF (1) ARMED MEN OR (2) PERSONS
WHO INSURE OR AFFORD IMPUNITY (Generic;
Qualifying)
REQUISITES OF AID OF ARMED MEN
1. The armed men are accinokuces who took part in minor
capacity in the commission of the crime directly or
indirectly
2. The accused availed himself of their aid or relied upon
them when the crime was committed
AID OF ARMED MEN NOT CONSIDERED
1. When both the attacking party and the party attacked
were equally armed
2. When the accused as well as those who cooperated with
him are under the same plan and same purpose
Note: Aid of armed men cannot be appreciated when there is
conspiracy because armed men in par 8 are mere accomplices
and in conspiracy, all are principals.
PERSONS WHO INSURE OR AFFORD IMPUNITY
Note: offender purposely relied upon persons to secure him
against detection and punishment
PAR 9: RECIDIVISM OR REINDENCIA
REQUISITES OF RECIDIVISM
1. Offender on trial for an offense
2. He was previously convicted by final judgement of
another crime
3. Both the first and the second offenses are embraced in
the Same title of the code
4. The offender is convicted of the new offense
Let’s do a review of different forms of repetition
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CRIM 1: COMPILATION
Quasi-recidivism When offender has been previously
convicted by final judgment and before
serving such sentence or while serving
the same, he committed felony
Recidivism Where a person on separate occasions
is convicted of two offenses embraced
in the same title of the RPC
Reiteracion or When offender has been previously
Habituality punished for an offense to which the
law attaches an equal or greater
penalty or for two crimes to which it
attaches a lighter penalty.
Multi-recidivism or When a person within a period of 10
Habitual years from the date of his release or
delinquency last conviction of the crimes of serious
or less serious physical injuries,
robbery, theft, estafa or falsification is
found guilty of the said crime a third
time or oftener.
When a person within a period of 10
years from the date of his release or
last conviction of crimes of
Falsification, Robbery, Estafa, Serious
or less serious physical injuries is
found guilty of the said crime a third
time or oftener.
PAR 10: REITERACION OR HABITUALITY
REQUISITES OF REITERACION OR HABITUALITY
1. The accused is on trial for an offense
2. He has previously served sentence for another offense to
which the law attaches an equal or greater penalty or for
two or more crimes to which it attaches a lighter penalty
than that of the new offense
3. He is convicted of a new offense
PAR 11: IN CONSIDERATION OF PRICE, REWARD
OR PROMISE (Generic; Qualifying)
Note: Price, reward or promise must be the primary reason or
primordial motive for the commission of the crime
EFFECT OF ALLEGING PRICE, REWARD OR
PROMISE AS A GENERAL AND QUALIFYING
CIRCUMSTANCE
a) General - only the liability of the receiver is affected
b) Qualifying - Both the liability of the giver and the
receiver are affected
PAR 12: THE CRIME BE COMMITTED BY MEANS
OF IFPESDA
IFPESDA
1. Inundation
2. Fire
3. Poison
4. Explosion
5. Stranding of a vessel or intentional damage thereto
6. Derailment of a locomotive
7. Bu use of any other artifice involving great waste or ruin
(Generic; Qualifying)
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CRIM 1: COMPILATION

PAR 13: EVIDENT PREMEDITATION (Generic; direct inducement for the victim to act in a
Qualifying) manner which would enable the offender to
carry out his design
REQUISITES
1. The time when the offender determined to commit the Disguise Resorting to any device to conceal identity
crime
2. Act manifestly indicating the culprit has clung to his
determination
3. Sufficient interval of time between the determination PAR 15: (1) TAKING ADVANTAGE OF SUPERIOR
and the execution of the crime, to allow him to reflect STRENGTH or (2) MEANS BE EMPLOYED TO
upon the consequences of his act or to allow his WEAKEN THE DEFENSE (Specific; Qualifying)
conscience to overcome the resolution of his will

NOTE: It is important that victim killed must be the person who PAR 16: TREACHERY OR ALEVOSIA (Specific;
the accused premeditated to kill. Qualifying)
REQUISITES OF TREACHERY
Evident premeditation as inherent circumstance
1. The means of execution employed gave the person
1. Preconceived act (Robbery theft or estafa)
attacked no opportunity to defend himself or herself or
2. Robbery with homicide
retaliate
3. Treason
2. Means of execution were deliberately or consciously
adopted by the offender
PAR 14: EMPLOYMENT OF (1) CRAFT (generic) (2)
Fraud (Generic; inherent) and (3) Disguise
(generic) PRESENCE OF STAGE OF ATTACK
TREACHERY
DEFINITIONS
If attack is continuous and Treachery must be present at
the fatal wound was inflicted the beginning of the attack
Craft Involves the use of intellectual trickery or on the final stage
cunning in the part of the accused to aid in
carrying out his criminal design and done If the attack was not Treachery must be present at
in order not to arose suspicion continuous and fatal wound the final stage
was inflicted at the final
Fraud Insidious words or machinations used as stage

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CRIM 1: COMPILATION

2. Roof
TREACHERY ABSORBS THE GENERIC 3. Door
CIRCUMSTANCES OF : 4. Floor
1. Craft 5. Window
2. Abuse of superior strength
3. Nightime
PAR 20: (1) AID OF PERSONS UNDER FIFTEEN
4. Aid of armed men YEARS OF AGE; OR (2) BY MEANS OF MOTOR
5. Cuadrilla (Band) VEHICLES, AIRSHIPS OR OTHER SIMILAR
6. Employing means to weaken defense MEANS (Generic)

PAR 17: IGNOMINY (Specific; Inherent)

Note: pertains to the moral order which adds disgrace or PAR 21: CRUELTY (Specific, Qualifying)
obloquy to the material injury caused by the crime NOTE: There is cruelty when the culprit enjoys, delights in
making his victim suffer slowly and gradually causing
APPLIES TO unnecessary physical pain in the commission of the criminal act
1. Crimes against chastity
2. Less serious physical injuries REQUISITES OF CRUELTY
3. Light or grave coercion 1. Injury caused be deliberately increased by causing other
4. Murder wrong
5. Rape 2. The other wrong be unnecessary for the execution of the
purpose of the offender
PAR 18: UNLAWFUL ENTRY (Generic)
NOTE: Outraging or scoffing of the person of the victim or his
UNLAWFUL ENTRY IS INHERENT IN
corpse
1. Robbery with the use of force upon things
● Is a qualifying aggravating circumstance that elevates
2. Trespass to dwelling
the killing from homicide to murder

PAR 19: THAT AS MEANS TO THE COMMISSION AGGRAVATING CIRCUMSTANCES BELONGING

OF THE CRIME WARD FLoW be broken EXCLUSIVELY TO CERTAIN FELONIES
WARDFLoW 1. Violation of domicile (nighttime; papers and effects not
1. Wall returned immediately)

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CRIM 1: COMPILATION

2. Interruption of religious worship (violence or threats)

APPLICATION OF RELATIONSHIP IN CRIMES
3. Grave threats (in writing; thru middleman)
AGAINST PROPERTY
4. Direct assault (weapon, offender is a public officer or
employee 1. MITIGATING IN THE CRIMES OF RUFA
5. Slavery (committed for the purposes of assigning the a) Robbery
offended party to some immoral traffic) b) Usurpation
6. Robbery with violence against or intimidation c) Fraudulent insolvency
- XPN: Robbery with homicide or robbery with d) Arson
rape 2. EXEMPTING IN THE CRIMES OF TEM
a) Theft
7. Robbery with force upon things (uninhabited place and b) Estafa
by a band) c) Malicious mischief

ARTICLE 15: ALTERNATIVE CIRCUMSTANCES APPLICATION OF RELATIONSHIP IN CRIMES

AGAINST PERSONS
ALTERNATIVE CIRCUMSTANCES ARE :
1. Relationship 1. MITIGATING IN CRIMES CLASSIFIED AS less grave
2. Intoxication felony or light felony and victim is a relative of lower
3. Degree of instruction or education degree (concurrence required)
2. EXEMPTING IN CRIMES
a) Classified as grave felony ;or
b) Victim is a relative of higher or equal level than
RELATIONSHIP
the offender Homicide or murder:
1. Spouse 3. HOMICIDE OR MURDER: always aggravating
2. Ascendant 4. Rape: Aggravating
3. Descendant
4. Legitimate, natural or adopted brothers and sisters
5. Relatives by affinity in the same degree
NOTE: does not include common law relationship APPLICATION OF RELATIONSHIP IN CRIMES
AGAINST CHASTITY
1. ACTS OF LASCIVIOUSNESS - always aggravating

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CRIM 1: COMPILATION

INTOXICATION
TO BE ENTITLED TO MITIGATING INTOXICATION MUST ARTICLE 16: WHO ARE CRIMINALLY LIABLE
BE SHOWN FOR GRAVE AND LESS GRAVE FELONIES
1. That at the time of the commission of the criminal act, 1. Principal
the accused has taken such quantity of alcoholic drinks 2. Accomplices
as to blur his reason and deprive him of a certain degree 3. Accessories
of control
2. That such intoxication is not habitual nor subsequent to FOR LIGHT FELONIES
the plan to commit the felony 1. Principals
2. Accomplices
MITIGATING WHEN AGGRAVATING WHEN
Recall:
Intoxication not habitual Habitual - GR: Light felonies are punishable only when they have
been consummated
Intoxication is not If it is intentional - XPN: Light felonies committed against persons or
subsequent to the plan to
property
commit a felony
- XPN to XPN: Accessories are not liable for light felonies
TWO PARTIES IN ALL CRIME
1. ACTIVE - those enumerated in art 16
DEGREE OF INSTRUCTION OR EDUCATION 2. PASSIVE - holder of injured right
Note: lower degree of instruction or education or lack of it is
generally mitigating. While high degree of instruction or ARTICLE 17: PRINCIPALS
education is aggravating when the offender took advantage of
his learning in committing the crime
BY DIRECT BY BY
PARTICIPATION INDUCEMENT INDISPENSABLE
COOPERATION

TITLE TWO: PERSONS CRIMINALLY LIABLE FOR Those who take a Those who directly Those who
direct part in the force or induce cooperate in the
FELONIES
execution of the other to commit it commission if the

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CRIM 1: COMPILATION

1. That the inducement be made with the intention of

act offense by another
act without which procuring the commission of the crime
it would not have 2. That such inducement be the determining cause of the
been commission of the crime by the material executor
accomplished
TWO WAYS OF BECOMING THE PRINCIPAL BY
INDUCEMENT
1. By directly forcing another to commit a crime by using
PAR 1: PRINCIPAL BY DIRECT PARTICIPATION
irresistible force or by causing uncontrollable fear
REQUISITES TO BECOME A CO-PRINCIPAL BY 2. By directly inducing another to commit a crime by giving
DIRECT PARTICIPATION of price or offering of reward or promise or using words
1. That they participated in the criminal resolution of command
2. That they carried out the plan and personally took part REQUISITES OF INDUCEMENT BY WORDS OF
in the execution by acts which directly tended to the COMMAND
same end 1. That one uttering the words of command must have the
intention of procuring the commission of the crime
CONSPIRACY 2. That one who made the command must have an
● If conspiracy is established all the conspirators are liable ascendancy or influence over the person who acted
as co-principals regardless of the manner and extent of 3. The words used must be so direct, so efficacious, so
participation powerful as to amount to physical or moral coercion
OVERT ACT IN FURTHERANCE OF CONSPIRACY 4. The words of command must be uttered prior to the
MAY CONSIST OF: commission of the crime
1. Active participation 5. The material executor of the crime has no personal
2. Moral assistance reason to commit the crime
3. Exerting moral ascendancy over the other co-
conspirators by moving them to execute or implement EFFECTS OF ACQUITTAL OF PRINCIPAL BY DIRECT
them PARTICIPATION
1. Conspiracy is negated by the acquittal of co-defendant
2. One cannot be held guilty of having instigated the
PAR 2: PRINCIPAL BY INDUCEMENT commission of a crime without first being shown that
the crime has been actually committed by another
REQUISITES FOR CONVICTION AS PRINCIPAL BY
INDUCEMENT

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CRIM 1: COMPILATION

PAR 3: PRINCIPAL BY INDISPENSABLE REQUISITES TO BE HELD LIABLE AS AN

COOPERATION ACCOMPLICE
REQUISITES TO BE LIABLE AS PRINCIPAL BY 1. Community of design which means that the accomplice
INDISPENSABLE COOPERATION knows of and concurs with the criminal design of the
1. Participation in the criminal resolution that is there principal by direct participation
either anterior conspiracy or unity of criminal purpose 2. The performance by the accomplice of previous or
and intention immediately before the commission of the simultaneous acts that are not indispensable to the
crime charged commission of the crime
a) Requires participation in the criminal resolution 3. There be a relation between acts done by the principal
b) There must be conspiracy and those attributed to the person charged as an
c) Concurrence is sufficient accomplice
d) Cooperation is INDISPENSABLE
2. Cooperation in the commission of the offense by
ACCOMPLICE CONSPIRATOR
performing another act, without which it would not have
been accomplished They know and agree with the criminal design
a) Cooperation must be INDISPENSABLE
b) If the cooperation is not indispensable, the They come to know about the They themselves have
offender is only an accomplice plan AFTER the principals decided upon such course of
c) Cooperation of one of the accused consists in the have reached a decision action
performing an act necessary in the execution
They merely assent to the They decide whether the
plan and cooperate in its crime should be committed
accomplishment
ARTICLE 19: ACCOMPLICES
They are merely instruments They are authors of the crime
Definition who perform acts not
- Persons who are not principals but cooperate in the essential to the perpertration
execution of the offense BY PREVIOUS AND of crime
SIMULTANEOUS ACTS.
- Also known as accessory before the fact
PENALTY
- Penalty next lower in degree that that prescribed ARTICLE 19: ACCESSORIES
Definition

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CRIM 1: COMPILATION

- Those who having knowledge of the commission of the

crime and without having participated therein either as
PAR 3: HARBORING, CONCEALING OR ASSISTING
principals or accomplices taken part SUBSEQUENT to THE ESCAPE
its commission i any of the following acts
a) By profiting themselves or assisting the offender
TWO CLASSES OF ACCESSORIES
to profit by the effects of the crime
1. PUBLIC OFFICER
b) By concealing or destroying the body, effects or
- REQUISITES
instruments of the crime to prevent discovery
a) Accessory is a public officer
c) By harboring, concealing or assisting in the
b) He HCA in the escape of the principal
escape of the principal of the crime, provided
c) The public officer acts with abuse of his
that the accessory acts with abuse of his public
public function
functions or whenever the author of the crime is
d) Crime committed by the principal is ANY
guilty if treason, parricide, murder or an attempt
CRIME
to take the life of the Chief Executive or is known
2. PRIVATE PERSON
to be habitually guilty of some crime
- Principal is guilty of treason, parricide, murder
or attempt against the life of the president or
known to be habitually guilty of some other
PAR 1: PROFITING BY THE EFFECTS OF THE crime
CRIME - REQUISITES
a) Accessory is a private person
b) He HCA in the escape of the author of the
crime
PAR 2: CONCEALING THE BODY OF THE CRIME
c) Crime committed by the principal is
- GR: Prescribed acts of the accessory under Par 2 must either
have been intended to prevent the discovery of the crime i) murder
- XPN: ii) Attempt against the life of the
- a) if however, the crime involved is conspiracy to President
commit treason, his silence may hold him liable for iii) Parricide
misprision of treason iv) Principal is known as habitually guilty
- b) knowingly concealing the evil practices enumerated of some other crime
in Art 142 is also punishable as a principal for inciting to v) Treason
sedition

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CRIM 1: COMPILATION

No exemption from liability May be exempted from

ARTICLE 20: ACCESSORIES WHO ARE EXEMPT liability per Art 19 and 20
FROM CRIMINAL LIABILITY and for light felonies under
art 16
NOTES: Based on ties of blood and the preservation of the
cleanliness of one’s name One degree lower than Two degrees lower than
principal’s principals
ACCESSORY BY PREVENTING THE DISCOVERY OF
CRIME OR BY ASSISTANT PRINCIPAL TO ESCAPE IS ARTICLE 22: RETROACTIVITY OF LAWS
EXEMPT FROM CRIMINAL RESPONSIBILITY IF THE GR: PROSPECTIVELY
PRINCIPAL IS HIS EXCEPTION: FAVORABLE TO THE ACCUSED
1. Spouse EXC TO EXC:
2. Ascendant 1. Habitual Delinquent - a person who within a period of
3. Descendant ten years from date of his release or last conviction of the
4. Legitimate, natural, or adopted brother, daughter or following crimes is found guilty of any said crimes a
sister; or third time or oftener.
5. Relative by affinity within the same degree a. Falsification
Note: applies to a public officer b. Robber
c. Estafa
d. Theft
ACCOMPLICE ACCESSORY e. Serious Physical Injuries or Less Serious
Physical Injuries
Participates before or during Takes part subsequent 2. Law explicitly provides for prospectivity
the commission of the
offense

Knows criminal design of the
principal
Provides material or moral
aid in the efficacious way but
not in a manner
indispensable to the offense
Knows the commission of the
offense
Acts in three specific ways in
art 19
CRIMINAL LIABILITY UNDER THE REPEALED LAW
SUBSISTS:
1. When provisions of the former law are reenacted
2. When the repeal is by implication
3. When there is a saving Clause

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CRIM 1: COMPILATION

ARTICLE 23: EFFECT OF PARDON BY THE LIGHT PENALTIES

OFFENDED PARTY: 1. Arresto Menor
GR: Pardon does not extinguish the criminal liability of the 2. Public Censure
offender
EXCEPTIONS: PRINCIPAL PENALTIES - those expressly imposed by the court
1. Adultery and Concubinage in the judgment of conviction
a. Must be BEFORE institution of criminal action 1. Divisible - have fixed duration and are divisible into
b. BOTH offenders must be pardoned three periods
2. Seduction, Abduction, Acts of Lasciviousness 2. Indivisible - those which have no fixed duration
a. Express pardon by offended party AND parents a. Death
or grandparents or guardian b. Reclusion Perpetua
b. Must be PRIOR to institution of criminal action c. Perpetual absolute or special disqualification
3. Rape d. Public Censure
a. Must be VALID marriage
b. Does NOT extend to other co-principals ACCESSORY PENALTIES - those that are deemed included in
the principal penalties
ARTICLES 25-26
CAPITAL ARTICLE 26: FINES
1. Death 1. Afflictive - over P 1,200,000
2. Correctional - from P 40,000 to 1,200,000
AFFLICTIVE PENALTIES 3. Light Penalties - less than 40,000
1. Reclusion Perpetua
2. Reclusion Temporal ARTICLE 27: DURATION OF PENALTIES
3. Perpetual or Temporary Absolute Disqualification
4. Perpetual or Temporary Special Disqualification
Penalty Duration

CORRECTIONAL PENALTIES Reclusion Perpertua 20 years and 1 day to 40

1. Prision correctional years
2. Arresto Mayor
Reclusion Temporal 12 years and 1 day to 20
3. Suspension
years
4. Destierro
Prision Mayor 6 years and 1 day to 12 years

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CRIM 1: COMPILATION

4. Persons charged with heinous crimes

Temporary Disqualification

Prision Correctional 6 months and 1 day to 6 ARTICLE 30: EFFECTS OF PERPETUAL OR

Suspension years TEMPORARY ABSOLUTE DISQUALIFICATION
Destierro 1. The deprivation of the public offices and employments
which the offender may have held, even if conferred by
Arresto Mayor 1 month and 1 day to 6
months popular election.
2. The deprivation of the right to vote in any election for
Arresto Menor 1 day to 30 days any popular elective office or to be elected to such office.
3. The disqualification for the offices or public
Bond to keep the peace Discretionary upon the court
employments and for the exercise of any of the rights
mentioned.
DESTIERRO - shall not be permitted to enter the place or places 4. Loss of all rights to retirement pay or pension for any
designated in the sentence, nor within the radius therein office formerly held
specified, which shall be not more than 250 and not less than 25
KM from the place designated ARTICLE 31-32: EFFECTS OF PERPETUAL OR
TEMPORARY SPECIAL DISQUALIFICATION
CASES WHEN DESTIERRO IS IMPOSED: 1. The deprivation of the office, employment, profession or
1. Serious physical injuries or death under exceptional calling affected;
circumstances 2. The disqualification for holding similar offices or
2. In case of failure to give bond for good behavior employments either perpetually or during the term of
3. Penalty of concubine in concubinage the sentence, according to the extent of such
4. In cases where after reducing the penalty by one or more disqualification.
degrees, destierro is the proper penalty 3. On right to suffrage - deprive the offender perpetually or
during term of sentence of
WHEN PREVENTIVE SUSPENSION CANNOT BE a. Right to vote
CREDITED: b. To be elected
1. When they are recidivists, or have been convicted
previously twice or more times of any crime ARTICLE 34: EFFECTS OF CIVIL INTERDICTION:
2. When upon being summoned for the execution of their 1. Deprivation of:
sentence, they have failed to surrender voluntarily a. Parental Authority or guardianship
3. Habitual delinquents b. Marital Authority

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CRIM 1: COMPILATION

c. Right to manage his property and the right to 1. Higher than prison correctional or 6 years
dispose of such property by any act or 2. Failure to pay reparation, indemnification, and costs
conveyance intervivos 3. Penalty is fine and penalty not to be executed by
confinement in a penal institution and without fixed
CIVIL INTERDICTION IMPOSED ON: duration like public censure
1. Death 4. Habitual delinquency included in determining whether
2. Reclusion Perpetua subsidiary penalty to be imposed
3. Reclusion temporal 5. When not expressly stated in judgment
6. For non payment of taxes in case of insolvency
ARTICLE 36: PARDON
Limitations of pardoning power of the president: ARTICLE 45: CONFISCATION AND FORFEITURE OF
1. Can be exercised only after conviction by final judgment THE PROCEEDS OF THE CRIME
2. Does not extend to cases of impeachment Not applicable when:
3. Not allowed for election laws, rules, and regulations 1. The instruments belong to third persons
violations without COMELEC favorable 2. Properties not placed under the jurisdiction of the court
recommendation because they must be presented in evidence and
ARTICLE 37: COSTS identified in judgment
What are included in costs: 3. When it is legally or physically impossible
1. Fees
2. Indemnities, in the course of judicial proceedings ARTICLE 48: COMPLEX CRIMES
Two kinds:
ARTICLE 38: PECUNIARY LIABILITIES: 1. Compound Crime - single act constitutes two or more
Order of payment: gave or less grave felonies
1. Reparation of the damage caused 2. Complex crime Proper - an offense is a necessary means
2. Indemnification of the consequential damages for committing the other. The first offense must be
3. Fine consummated
4. Costs of the Proceedings EXAMPLES:
a. Estafa through falsification of public documents
ARTICLE 39: SUBSIDIARY PENALTIES b. Forcible abduction with rape
Definition: suffered by the convict who has no property with
which to meet the fine
Not imposed on:

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CRIM 1: COMPILATION
SPECIAL COMPLEX CRIMES - crimes which are treated as
single indivisible offense although comprising more than one
specific crime and with a specific penalty
EXAMPLES:
1. Rape with homicide
2. Kidnapping for ransom with homicide
3. Kidnapping with rape
4. Robbery with homicide
5. Robbery with rape
CONTINUOUS CRIME - it is a single crime, consisting of a
series of acts but all arising from one criminal resolution.
Length of time in the commission is immaterial.
ARTICLE 58: ADDITIONAL PENALTY TO BE
IMPOSED UPON CERTAIN ACCESSORIES
Public officers who help the author of the crime by misusing
their office and duties shall suffer the following additional
penalties:
1. Absolute perpetual disqualification - if principal
offender guilty of grave felony
2. Absolute temporary disqualification - less grave felony
ARTICLE 59
IMPOSSIBLE CRIMES - penalty imposed is arresto mayor or
fine rangine 200-500 pesos
DEGREE: One entire penalty, one whole penalty or one unit of
the penalties enumerated in the graduated scales provided in
article 71
PERIOD: It is one of the three EQUAL portions, calles
minimum, medium, and maximum of a divisible penalty
When mitigating and aggravating not considered:
1. When penalty is single and indivisible (except privileged
mitigating circumstances)
2. Felonies through negligence
3. Penalty only a fine imposed by an ordinance
4. Penalties prescribed by special laws
THREE FOLD RULE
1. The maximum duration of the convict’s sentence shall
not be more than 3 times the length of time
corresponding to the most severe of the penalties
imposed upon him
2. But in no case to exceed 40 years
3. This rule shall only apply when the convict is to serve 4
or more sentences successively
DIFFERENT SYSTEMS OF PENALTIES
1. Material accumulation system - no limitation whatever,
and accordingly, all the penalties for all the violations
were imposed even if they reached beyond the natural
span of human life
2. Juridical accumulation system - limited to not more
than three-fold the length of time corresponding to the
most severe and in no case to exceed 40 years. PH
jurisdiction follows this
3. Absorption system - the lesser penalties are absorbed by
the graver penalties
WHEN ISLAW NOT applicable:
1. Death or life imprisonment
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CRIM 1: COMPILATION
2. Treason, conspiracy or proposal to commit treason
3. Misprision of treason, rebellion, sedition, or espionage
4. Piracy
5. Habitual delinquents (recidivists are entitled)
6. Escaped from confinement or evaded sentence
7. Granted with conditional pardon but violated the terms
8. Those whole maximum terms of imprisonment does not
exceed 1 year
9. Those already sentenced by final judgmenent at time of
approval of ISLAW
10. When application of ISLAW is unfavorable to the
accused
ARTICLE 89: TOTAL EXTINCTION OF CRIMINAL
LIABILITY
1. By the death of the convict, as to the personal penalties;
and as to pecuniary penalties, liability therefor is
extinguished only when the death of the offender occurs
before final judgment.
2. By service of the sentence.
3. By amnesty, which completely extinguishes the penalty
and all its effects.
4. By absolute pardon.
5. By prescription of the crime.
6. By prescription of the penalty.
7. By the marriage of the offended woman, as provided in
article 344 of this Code.
ARTICLE 93: PRESCRIPTION OF PENALTY REQUISITES:
1. Penalty imposed by final judgment
2. Convict evaded the service of his sentence by escaping
during the term of his sentence
3. The convict has not given himself up, or been captured,
or gone to a foreign country with which we have no
extradition treaty, or committed another crime
4. If Government has extradition treaty with the country to
which the offender escaped, the crime committed should
not be included in the treaty, as this would interrupt the
running of the prescription period
5. The penalty has prescribed, because of the lapse of time
from the date of the evasion of service by the convict
6. There is no acceptance of a conditional pardon by the
convict since it would interrupt the running of the
prescription period
CRIMINAL LIABILITY PARTIALLY EXTINGUISHED
1. Conditional Pardon
2. Commutation of Sentence
3. Good Conduct Allowances which the culprit may earn
while he is undergoing preventive imprisonment or
serving the sente e
4. Parole granted to a convict
5. Probation
6. Partial repeal of penal law
GOOD CONDUCT ALLOWANCE NOT applicable to:
1. Recidivists
2. When upon being summoned for the execution of their
sentence, they failed to surrender voluntarily
3. Habitual delinquents, escapees, and persons charged
with heinous crimes
ARTICLE 100
GR: Every person criminally liable for a felony is civilly liable
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CRIM 1: COMPILATION

EXCEPTIONS: 2. Any of their servants, pupils, workmem, apprentices, or

1. Victimless crimes employees commits a felony while in the discharge of his
2. Flight to enemy country duties
3. The said employee is insolvent and has not satisfied his
ARTICLE 102: INNKEEPERS, TAVERN KEEPERS, civil liability
AND PROPRIETORS OF ESTABLISHMENTS
Requisites for Paragraph 1: ARTICLE 112: EXTINCTION OF CIVIL LIABILITY
1. The innkeeper, tavern keeper or proprietor of 1. Payment or performance
establishment or his employee committed a violation of 2. Condonation or remission of the debt
municipal ordinance or some general or special police 3. Confusion or merger of the rights of the creditor or
regulation debtor
2. The crime is committed in such inn, tavern, or 4. Compensation
establishment 5. Novation
3. The person criminally liable is insolvent 6. Other causes of extinguishment of obligations such as
annulment, rescission, fulfillment of a resolutory
Requisites for Paragraph 2: condition, and prescription.
1. The guests notified in advance the innkeeper or the
person representing of the deposit of their goods within
the inn or house
2. The guests followed the directions of the innkeeper or
his representative with respect to the care of and
vigilance over such goods
3. Such goods of the guests lodging therein were taken by
robbery with force upon things or theft committed
within the inn or house

ARTICLE 103: SUBSIDIARY LIABILITY OF OTHER

PERSONS
Requisites:
1. The employes, teacher, person, or corporation is
engaged in any kind of industry

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