Criminal Law Book

CRIMINAL LAW 1 review
REVISED PENAL CODE BOOK I

AND OTHER SPECIAL LAWS
Basic Concepts:
CRIMINAL LAW that

branch of law which
defines crimes, treats
of their nature and
provides for their
punishment
Sources of Criminal
Law:
1. RPC
2. special laws
1.
2.
3.
4.
CRIME acts or
omissions
punishable by any
law
Theories underlying
the RPC
Classical/Traditional
Positivist
Ecclectic/Mixed
Utilitarian/Protective
Characteristics of Criminal Law
Generality
Exceptions: 1. International Law
2. Treaty Stipulation
3. Laws of preferential
application
Territoriality
Exceptions: Art. 2 RPC
Prospectivity
Exception: Retroactive if favorable to the accused
Exception to the Exception:
1. if the new law is expressly made inapplicable to pending
actions or causes of action;
2. where the offender is a habitual delinquent under Art. 62 of the
RPC (Art. 22 of the RPC)
ARTICLE 2. Applicability of RPC provisions (Territoriality

principle)
-- enforced within the Phil. Archipelago, atmosphere,
internal waters and maritime zone
1.
2.
3.
4.
5.
EXCEPTIONS to Article 2 (can be enforced outside Phil. Jurisdiction)

should commit an offense while on a Philippine ship of airship;
should forge or counterfeit any coin or currency note of the Philippine
Islands or obligations and securities issued by the Government of the
Philippine Islands;
should be liable for acts connected with the introduction into these
Islands of the obligations and securities mentioned in the preceding
number;
while being public officers or employees, should commit an offense in
the exercise of their functions; or
should commit any of the crimes against national security and the law
of nations, defined in Title 1 of Book 2 of this Code (refers to treason,
conspiracy and proposal to commit treason, espionage, inciting to
war and giving motives for reprisals, violation of neutrality,
correspondence with enemy country, flight to enemy country, piracy
and mutiny on the high seas)
Rules regarding jurisdiction: (if crime is

committed on board a Foreign Merchant vessel
while in the Phils)
A. French Rule crimes committed aboard a

foreign merchant vessel should not be prosecuted in
the courts of the country within whose territorial
jurisdiction they were committed
Exception: their commission affects the peace and
security of the territory;
B. English Rule based on the territorial principle
and followed in the US
-- crimes committed aboard a foreign merchant
vessel are generally triable in the courts of the
country within whose territory they were committed;
-- adhered to in the Philippines
French Rule
English Rule
Crime shall be tried in the

home state of the vessel
except if the crime affects
the peace, security and
safety of the territory
where the crime was
committed
Crime shall be tried under

the law of the place where
the crime was committed
except when the crime is
minor (affects only the
internal mgt of the vessel),
in which case, it shall be
tried under the laws of the
home state
Gen. Rule: Extraterritorial Gen. Rule:

Territorial
principle
principle
Exception:
Territorial Exception: Extraterritorial
principle
principle
Jurisdiction: flag country
Jurisdiction:
territory
where the vessel is located
ARTICLE 3. Definitions
Felonies
(delitos) - acts and omissions

punishable by law
How committed:
a. deceit (dolo) there is deceit when the
act is performed with deliberate intent;
b. fault (culpa) there is fault when the
wrongful act results from imprudence,
negligence, lack of foresight or lack of skill.
FELONY
Elements of Felony:
1. there must be a
voluntary act or omission;
2. the act or omission must
be punishable by the RPC;
and
3. the act is performed or
omission incurred by means
of deceit or fault ((Pp. vs.
Gonzales, et.al. G.R. No.
80762, March 19, 1990)
Felony is committed
VOLUNTARILY.
Crime acts or
omissions punishable
by any law
Offenses applied to
acts or omissions
punished by special
laws
Infractions acts or
omissions punishable
by ordinance
Classification of felonies according to the

means by which they are committed:
a. Intentional felonies act is perfomed with

deliberate intent (with malice)
-- penalized for malice/dolo
b. Culpable felonies offender had no intention to
cause an injury to another; act or omission is not
malicious
-- injury caused to another is not intentional because
the wrongful act results from imprudence,
negligence, lack of foresight or lack of skill
-- penalized for lack of foresight or lack of skill
DOLO/MALICE
Essential Elements of
Dolo/Malice:
1. freedom - no freedom (Art.
12, pars. 5 &6 exempt from
crim. Liability)
2. intelligence infant has no
intelligence, thus, exempt from
crim. Liability
3. intent a design; a
determination to do a certain
thing; an aim the purpose of
the mind, including such
knowledge as is essential to
such intent; the design, resolve
or determination with which a
person acts
2 kinds of intent:
a. General intent
presumed;
b. Specific intent
must be proved as it is
an element of a felony
(ex. Article 324, specific
intent of lewd designs
must be proved)
General criminal intent vs. Specific criminal intent

(Recuerdo vs. People, G.R. No. 168217. June 27, 2006)
General intent
Specific intent
Presumed
Not presumed
a
deliberate
and
unlawful act gives rise to
a presumption of malice
by intent
Its existence must be

proved by the State just
as any other essential
element
Criminal intent necessary in felonies

committed by means of deceit
Maxims:
1. Actus me invito factus non est meus actus
An act done by me against my will is not my act;
2. Actus non facit reum nisi mens sit rea The
act itself does not make a man guilty unless his
intentions were so.
always presumed to exist on the part of the persons
who executes an act which the law punishes, unless
the contrary shall appear
ACTUS REUS + MEANS REA = DELITO
CRIM. ACT/OMISSION + CRIM. INTENT = CRIME
CULPA/FAULT
Essential
elements
in Fault/Culpa:
1. Intelligence;
2. Freedom of
action;
3. Negligence
Imprudence deficiency
of action; lack of skill
Test: The failure to do
what any ordinary person
would have ordinarily done
Negligence deficiency
of perception, lack of
foresight; failure to foresee
what a reasonable ought
to foresee
IGNORANCE or MISTAKE OF FACT (no

criminal intent)
applies only when the mistake is committed without fault or

carelessness
Requisites:
a. the act done would have been lawful had the facts been as
the accused believed them to be;
b. the intention of the act in performing the act should be
lawful;
c. the mistake must be without fault or carelessness on the
part of the accused.
2 instances when a person may be held liable despite lack of
criminal intent:
a. culpable felonies;
b. acts or omissions punishable by special laws (mala prohibita)
Mala in se
Mala prohibita
Wrong per se
Not inherently wrong
Crimes so serious in their

effect to society as to call for
unanimous condemnation of
its members
Violations of mere rules of

convenience designed to
secure a more orderly
regulation of the affairs of
society
Criminal intent is required
Criminal intent is immaterial;

Q: has the law been
violated?
Generally refer to those acts Generally refer to those acts

or omissions punished by or omissions made criminal
the RPC
by special laws
CASE: Padilla vs. Dizon, 158

SCRA 127 (1988)
Held:
Judge Dizon was dismissed from the

service for gross ignorance of the law for
acquitting Lo Chi Fai for Violation of CB
Circular No. 960 on the flimsy ground that Lo
Chi Fai had no intention or mens rea to
violate the law when malice, or mens rea, is
completely immaterial in a crime mala
prohibita.
Intent to commit the crime vs. Intent to perpetrate the act

(U.S. vs. Go Chico, 14 Phil 128)
Intent to commit the crime
Intent to perpetrate the act
Not
necessary
in Necessary in offenses
offenses punished by punished by special laws
special laws
Element of a crime
Crime itself
Intent vs. Motive

Intent
Motive
Purpose to use a particular means The reason which impels a person to

to effect a certain result
commit an act for a definite result; a
state of mind
Essential element of a felony
Generally not an essential element of

any crime; proof of motive is important
in procedural law (circumstantial
evidence)
ARTICLE 4. Criminal liability

shall
be person
incurred:
1.
by any
committing a felony (delito)
although the wrongful act done be different
from that which he intended;
2. by any person performing an act which
would be an offense against persons or
property, were it not for the inherent
impossibility of its accomplishment or on
account of the employment of inadequate or
ineffectual means
PAR. 1. an accused is criminally liable for the

acts committed by him violation of law and for all
the natural and logical consequences resulting
therefrom
2 elements:
1. an intentional felony is committed;
2. the wrong done to the victim must be the direct,
natural and logical consequence of the felony
committed even though different from that intended.
Rationale: El que es causa dela causa es causa

del mal causado. (He who is the cause of the
cause is the cause of the evil caused.)
PAR. 1
Proximate
Cause that cause which in the

natural and continuous sequence unbroken
by any efficient intervening cause, results in a
particular felony, who without which the
felony would not have resulted.
Efficient intervening cause - something
absolutely and totally unexpected which
intervened and which breaks the relation of
cause and effect between the original
felonious act and the result.
Causes which produce a

different result:
MISTAKE
IN THE IDENTITY OF THE

VICTIM ( ERROR IN PERSONAE)
MISTAKE IN THE BLOW (ABERRATIO
ICTUS)
THE INJURIOUS RESULT IS GREATER
THAN THAT INTENDED (PRAETER
INTENTIONEM)
PAR. 2. IMPOSSIBLE CRIME
Elements:
1. acts are performed which would be a crime
against persons or property (see Title 8 & 10);
2. there is criminal intent;
3. it is not accomplished because of inherent
impossibility or because the means employed is
inadequate or ineffectual
purpose: to repress criminal tendencies because
the offender, according to the Positivist theory, is a
potential criminal; objectively, the offender commits
no felony, but subjectively, the offender is a criminal.
PAR. 2. IMPOSSIBLE CRIME

CASE:
Intod et.al. vs. C.A., G.R. No.

103119, October 21, 1992
Note: A person could be liable for an
impossible crime only if the act does not fall
under any specific provision of the RPC. IC
is the last resort.
Article 6. Consummated,
frustrated, and attempted felonies.
Consummated felonies as well as those which are frustrated

and attempted, are punishable.
A felony is consummated when all the elements

necessary for its execution and accomplishment are
present.
It is frustrated when the offender performs all the acts
of execution which would produce the felony as a
consequence but which, nevertheless, do not produce it
by reason of causes independent of the will of the
perpetrator.
There is an attempt when the offender commences the
commission of a felony directly by overt acts, and does
not perform all the acts of execution which should
produce the felony by reason of some cause or accident
other than his own spontaneous desistance.
Stage
Punishable or not
I.
Mental NOT PUNISHABLE
process/Internal Acts
II. External/Physical
Acts
a. Preparatory acts
b. Acts of Execution
1. Attempted
2. Frustrated
3. Consummated
G.R.
NOT
PUNISHABLE
Exception:
If the
RPC penalizes the
act
PUNISHABLE
ATTEMPTED FELONY
Elements:
1. there must be an overt act;

2. the external acts must have a direct connection
with the crime intended to be committed by the
offender
Attempt to commit an indeterminate crime
CASE: Pp vs. Lamahang (91 Phil 703)
act of making an opening with an iron bar on the wall
of a store not attempted robbery
FRUSTRATED FELONY when the

offender performs all the acts of
execution which would produce the
felony as a consequence but which,
Attempted
Frustrated
Consummated
Overt acts of All acts of All the acts of

execution
execution are execution are
are
present
present
commenced
Not all acts Crime sought The
result
of execution to
be sought
is
are present committed is achieved
not achieved
FORMAL CRIMES vs. MATERIAL CRIMES

FORMAL
CRIMES consummated in one

instant, or by performance of a single act of
execution
Examples:
1. felony by omission
2. slander
3. false testimony
MATERIAL CRIMES not consummated at
one instant or by a single act of execution
Example:
1. homicide/murder
Article 7. When light felonies

are punishable.
Light
felonies are punishable only when they

have been consummated, with the exception
of those committed against person or
property.
Light felonies those infractions of law for
the commission of which the penalty of
arresto menor or a fine not exceeding 200
pesos or both is provided (Par. 3, Article 9)
Article 8. Conspiracy and

proposal to commit felony.
Conspiracy and proposal to commit felony are
punishable only in the cases in which the law
specially provides a penalty therefor.
A conspiracy exists when two or more
persons come to an agreement concerning
the commission of a felony and decide to
commit it.
There is proposal when the person who has
decided to commit a felony proposes its
execution to some other person or persons.
Conspiracy as the crime
Conspiracy as a manner of
incurring criminal liability
Law specifically provides for

a penalty
Examples: conspiracy to
commit treason, rebellion,
coup d etat, or sedition,
conspiracy
to
commit
espionage
(CA
616),
conspiracy to commit arson
(PD 1613), conspiracy to
bribe
voters
(OEC),
conspiracy
to
commit
terrorism (RA No. 9372),
conspiracy in the sale,
administration,
delivery,
distribution
and
transportation of dangerous
drugs (RA 9165)
Conspiracy
is
not
a
separate offense; act of one
is the act of all; absorbed by
the
crime
actually
committed
Example: if the conspirators
actually committed treason
or rebellion, conspiracy
shall not be considered as a
separate offense but a
manner of incurring criminal
liability
CONSPIRACY
Examples of conspiracies punished:

1. Conspiracy to commit treason
2. conspiracy to commit coup detat, rebellion or insurrection
3. conspiracy to commit sedition
Note: treason, rebellion or sedition should not be actually committed
4. monopolies and combinations in restraint of trade
5. machinations in public auctions
6. abuse against chastity
7. brigandage (Art. 306)
Proof of conspiracy:
a. allegation conspiracy must be alleged in the information

b. quantum of proof: proof beyond reasonable doubt
2 kinds of conspiracy:
a. Express proven by direct evidence

b. Implied proven by circumstantial evidence
Syndicated crime group

(R.A. 7659)
Conspiracy
2 or more persons Exists when 2 or more

collaborating,
persons agree and decide
confederating
or to commit any crime
mutually
aiding
one
another for the purpose
of
gain
in
the
commission of any crime
An offense is committed Such purpose is not
for purposes of gain
necessary in conspiracy
A crime group is an Such organization is not
organized group
necessary in conspiracy
Article 9. Grave felonies, less grave

felonies and light felonies
Grave felonies are those to which the law attaches

the capital punishment or penalties which in any of
their periods are afflictive, in accordance with article
25 of this Code.
Less grave felonies are those which the law
punishes with penalties which in their maximum
period are correctional, in accordance with the
above-mentioned article.
Light felonies are those infractions of law for the
commission of which the penalty of arresto menor or
a fine not exceeding 200 pesos or both, is provided.
Summary of classifications of
felonies under the RPC
a. under Article 3
1. felonies by act
2. felonies by omission
b. according to the manner of commission
1. intentional felonies
2. culpable felonies
c. according to the stages of execution
1. attempted felony
2. frustrated felony
3. consummated felony
Article 11. Justifying Circumstances

1. SELF DEFENSE
Article 11. Justifying circumstances. - The following

do not incur any criminal liability:
(1) Anyone who acts in defense of his person or
rights, provided that the following circumstances
concur;
First. Unlawful aggression;
Second. Reasonable necessity of the means
employed to prevent or repel it;
Third. Lack of sufficient provocation on the part of
the person defending himself.
1. SELF-DEFENSE
Requisites of the 1st element:
1. UNLAWFUL AGRESSION ON THE PART OF THE PERSON

KILLED OR INJURED;
2. AGRESSION MUST BE OFFENSIVE AND CRIMINAL;
3. AGRESSION MUST BE CONTINUOUS;
4. AGRESSION MUST BE NON-MUTUAL.
2 Kinds of Aggression:
1. actual- presupposes an act positively strong, showing the wrongful
intent of the aggressor, which is not merely threatening or
intimidating attitude, but a material attack
2. imminent attack that is impending or at the point of happening
SELF DEFENSE
Burden of proof in self-defense: For invoking selfdefense, the accused admits the killing or seriously
wounding the victim and thus, has the burden to justify
his act by clear and convincing evidence
2nd element:
The means to be reasonable must be commensurate with
the necessity of preventing or repelling such aggression
- law requires RATIONAL EQUIVALENCE
Stand Ground When In the Right Principle applies
when a person is unlawfully assaulted and if the
aggressor is armed with a weapon, the assailed may face
his aggressor and is not required to take refuge in flight
SELF DEFENSE
Requisites of the 3rd element:

1. provocation must be sufficient;
2. provocation must be given to the aggressor by the person
defending himself;
3. provocation must be the proximate and immediate cause of
the unlawful aggression.
Article 11 (1) speaks of anyone who acts in defense of his
person or rights.
Defense of person defense against unlawful aggression,
which constitutive of crime against person
Defense of right defense against unlawful aggression which
is constitutive of a crime involving the right of the defender
such as theft, acts of lasciviousness and libel
SELF DEFENSE
Defense of property right Principle of Self-Help (Art. 429 of the Civil Code)
= a defender may employ reasonable and necessary means to prevent or repel unlawful
aggression against his property right pursuant to the rule on self-defense in relation to the
principle of self-help; assault on property amounts to unlawful aggression
Old Rule: Pp vs. Apolinar (CA 38, OG 2870) Defense of property is not of such
importance as right to life, and defense of property can be invoked as justifying
circumstance only when it is coupled with an attack on the person of the one entrusted
with said property
Controlling rule:
Case: Pp vs. Narvaez (G.R. Nos. L-33466-67, April 20, 1983)
Facts: Accused was taking a rest but when he heard that the walls of his house were
being chiseled, he arose and he found that 1 of the laborers was indeed chiseling the wall
of his house with a crowbar, while deceased Rubia was nailing the barbed wire and Davis
was commanding his laborers. Accused pleaded to stop the fencing. Accused got his
gun and shot Davis and Rubia. There was unlawful aggression despite the fact that the
invasion of his property right was not coupled with an attack against the accused.
Note: Accused was still convicted since the resistance that he employed against the
invaders of his property was unreasonable and disproportionate to the attack against his
property right
BATTERED WOMAN SYNDROME
refers to a scientifically defined pattern of

psychological and behavioral symptoms found
in women living in battering relationships as a
result of cumulative abuse.
"Dating relationship" refers to a situation wherein the parties live as

husband and wife without the benefit of marriage or are romantically
involved over time and on a continuing basis during the course of the
relationship. A casual acquaintance or ordinary socialization between
two individuals in a business or social context is not a dating
relationship.
"Sexual relations" refers to a single sexual act which may or may not
result in the bearing of a common child.
BATTERED WOMAN SYNDROME
1.
2.
3.
4.
Section 26 of R.A. 9262 Victim-survivors who are found by

the courts to be suffering from battered woman syndrome do not
incur any criminal and civil liability notwithstanding
- Even in the absence of any of the elements for justifying
circumstances of self-defense under the RPC
Elements of BWS under R.A. 9262:
The battered woman and batter must have a relationship
sexual relations or dating relationship;
The battered woman must be suffering from physical and
psychological or emotional distress; (what is battery?)
Physical and psychological or emotional distress resulted from
cumulative abuse by batterer; (single act of battery exercise
right of self-defense)
The battered woman must have actually feared imminent harm
from her batterer and honestly believed in the need to kill him in
order to save her life.
2. DEFENSE OF RELATIVES
(2) Any one who acts in defense of the person or
rights of his spouse, ascendants, descendants, or
legitimate, natural or adopted brothers or sisters, or
of his relatives by affinity in the same degrees, and
those by consanguinity within the fourth civil degree,
provided that the first and second requisites
prescribed in the next preceding circumstance are
present, and the further requisite, in case the
provocation was given by the person attacked, that
the one making the defense had no part therein.
DEFENSE OF RELATIVES
Requisites:
1. unlawful
aggression;
2. reasonable
necessity of the
means employed to
prevent or repel it;
3. lack of
participation in
relatives provocation.
Person being defended:

1. spouse;
2. ascendants;
3. descendants;
4. brother or sister, legitimate,
natural or adopted;
5. relatives by affinity in the
same degrees (ex. Parents inlaw, son in-law, daughter inlaw, brother in-law, sister inlaw, stepfather, stepmother,
stepchild);
6. relatives by consanguinity
within the fourth civil degree.
3. DEFENSE OF STRANGERS
(3) Anyone who acts in defense of the person
or rights of a stranger, provided that the first
and second requisites mentioned in the first
circumstance of this article are present and
that the person defending be not induced by
revenge, resentment, or other evil motive.
Stranger anyone not considered as relative
within the concept of defense of relatives
DEFENSE OF STRANGERS
Requisites:
1. unlawful aggression;
2. reasonable necessity of the means
employed to prevent or repel it;
3. the person defending be not induced by
revenge, resentment or other evil motive.
4. AVOIDANCE OF GREATER EVIL OR

INJURY (State of Necessity)
(4) Any person who, in order to avoid an evil or
injury, does an act which causes damage to another,
provided that the following requisites are present:
First That the evil sought to be avoided actually
exists;
Second That the injury feared be greater than that
done to avoid it;
Third That there be no other practical and less
harmful means of preventing it.
AVOIDANCE OF GREATER
EVIL OR INJURY
1.
2.
accused does not commit a crime in legal

contemplation; hence, is not criminally and civilly
liable
civil liability is borne by the person/s benefited by
the act of the accused
Cases:
Ty vs. People (GR No. 149275, September 27,
2004)
Padernal (GR No. L-30527, March 29, 1974)
5. FULFILLMENT OF DUTY/EXERCISE OF
A RIGHT OR OFFICE
(5) Any person who acts in the fulfillment of a

duty or in the lawful exercise of a right or
office.
Requisites:
1. The accused must have acted in the
performance of a duty;
2.
The injury caused or the offense
committed should have been the necessary
consequence of due performance of duty.
6. OBEDIENCE OF
LAWFUL ORDER
(6) Any person who acts in obedience to an
order issued by a superior for some lawful
purpose
Requisites:
1. order has been issued by a superior;
2. such order must be for some lawful
purpose;
3. means used by subordinate to carry out
such order is lawful.
ARTICLE 12. EXEMPTING

CIRCUMSTANCES
(1) An imbecile or an insane person, unless
the latter has acted during a lucid interval;
When the imbecile or an insane person has
committed an act which the law defines as a
felony (delito), the court shall order his
confinement in one of the hospitals or
asylums established for persons thus
afflicted, which he shall not be permitted to
leave without first obtaining the permission of
the same court.
INSANITY/IMBECILITY
Imbecility
feeblemindedness or a
mental condition
approaching that of one
who is insane; analogous
to childishness and
dotage
Insanity evinced by a
deranged and perverted
condition of the mental
faculties which is
manifested in language
and conduct;
2 stringent standards (Pp

vs. Formigones, 87 Phil
658)
1. Test of Cognition
whether there was a
complete deprivation of
intelligence in committing
the criminal act.
-- CONTROLLING TEST
2. Test of Volition
whether there was a total
deprivation of freedom of
the will.
-- no control of acts
INSANITY
Accused
is presumed sane at the time of the

commission of the crime
Accused must be insane at the time of
commission of the crime
2 elements:
1. Offender is insane;
2. The offender has not acted during a lucid
interval.
2 & 3. MINORITY
Par.
2 & 3 of Art. 12 RPC are repealed by

R.A. No. 9344 (Juvenile Justice & Welfare
Law)
SEC. 6 - A child fifteen (15) years of age or
under at the time of the commission of the
offense shall be exempt from criminal liability.
A child above fifteen (15) years but below
eighteen (18) years of age shall likewise be
exempt from criminal liability unless he/she
acted with discernment.
MINORITY
15 years of age or under conclusive
presumption of lack of intelligence exempting
circumstance
over 15 (15 and 1 day) but below 18
A.
acted without discernment: entitled to
exempting circumstance
B. acted with discernment: entitled to privileged
mitigating circumstance under Article 68(2)
penalty reduced to one degree lower
See AM No. 02-1-18-SC

(November 24, 2009)
Age of criminal responsibility is the age when a child,

fifteen (15) years and one (1) day old or above but below
eighteen (18) years of age, commits an offense with
discernment. (Section 4)
CHILDREN IN CONFLICT WITH THE LAW (CICL)those
who are alleged as, accused of or adjudged as having
committed an offense under Philippine laws. (R.A. No. 9344)
--A child in conflict with the law is a person who at the time
of the commission of the offense is below eighteen (18)
years old but not less than fifteen (15) years and one (1) day
old. (See Section 1)
MINORITY
Discernment mental capacity to understand the difference
between right and wrong
-- the capacity of the child at the time of the commission of the
offense to understand the differences between right and
wrong and the consequences of the wrongful act. (R.A. No.
9344)
Shown by the:
a. conduct of the offender;
Pp vs. Alcabao (CA, 44 OG 5006)

Pp vs. Cortezano & Cortezano (G.R. No. 123140,
b. manner of committing the crime;
c. the extent of participation.
Pp vs. Capistrano, GR No. L-4549, October 22,
September 23, 2003)
1952
R.A. NO. 9344
offense refers to any act or omission whether

punishable under special laws or the RPC
Under 18 years of age exempt from the prosecution
for the crime of vagrancy and prostitution under
Article 202 of the RPC, of mendicancy under PD No.
1563 and sniffing of rugby under PD No. 1619 -undergo appropriate counseling and treatment
program (Sec. 58, RA 9344)
status offense refers to offense which
discriminate only against a child, while an adult does
not suffer any penalty for committing similar acts
(Ex: curfew violations, truancy)
4. ACCIDENT
(4) Any person who, while performing a
lawful act with due care, causes an injury
by mere accident without fault or intention
of causing it.
Elements:
1. a person is performing a lawful act;
2. with due care;
3. he causes an injury to another by mere accident; and
4. without any fault or intention of causing it.
5. IRRESISTIBLE FORCE
(5) One who acts under the compulsion of
irresistible force
basis: Actus me invito factus non est meus actus.

(An act done by me against my will is not my act.)
Elements:
1. somebody used force compelling the accused to
commit a crime;
2. the force, used to compel the accused to commit
a crime, must be irresistible.
6. UNCONTROLLABLE FEAR
(6) One who acts under the impulse of an
uncontrollable fear of an equal or greater
injury
Elements:
1. existence of uncontrollable fear of an
injury;
2. the fear of an injury must be real and
imminent.
Irresistible force
Uncontrollable fear
The offender was

compelled
to
commit a crime
through the use of
physical force
The offender was

compelled
to
commit a crime
through threat or
intimidation
7. LAWFUL OR INSUPERABLE
CAUSE
(7) One who fails to perform an act
required by law, when prevented by
some lawful or insuperable cause.
Justifying
Exempting
Acts are justified Actor is exempted
and non-felonious but
act
is
unjustified
Pertains to the act Pertains
complained of
actor
to
the
G.R.
No civil G.R. there is civil
liability
liability
Exception: Par. 4
on
state
of
necessity
ABSOLUTORY CAUSES
- those where the act committed is a crime but for reasons
of public policy and sentiment there is no penalty imposed.
Cases covered are:

1. where there is spontaneous desistance during attempted
stage of a crime Article 6
2. where light felony, which is not against person or property is
committed in attempted or frustrated stage Article 7
3. where accessory is relative of principal Article 20
4. where there are legal grounds for arbitrary detention Article
124
5. where there are legal grounds for trespass to dwelling
Article 280
6. where theft, swindling or malicious mischief is committed
against relative Article 322
7. where spouse or minor daughter was surprised in the act of
sexual intercourse with another person Article 247
8. where offender married the offended party in cases involving
crime against chastity and rape Article 344 and 266-C
9. where there is instigation
INSTIGATION/ENTRAPMENT
Instigation elements:
1. law enforcement officers or the agents performed
acts of persuasion, trickery, or fraud to induce the
accused to commit a crime to prosecute him
2. the criminal design originates in the minds of the
government officials rather than that of the innocent
defendant
3. there are no private complainant involved
Entrapment commonly employed by police
officers as an effective way of apprehending law
offenders in the act of committing a crime
Ex: buy bust operations
Instigation
Entrapment
Committed when law

enforcers lure an accused
into
committing
the
offense in order to
prosecute him
Ways and means are

resorted to for the purpose of
trapping
and
capturing
lawbreakers in the execution
of their criminal plan
Instigators become co- Sanctioned by law as a

principals themselves
legitimate
method
of
apprehending
criminal
elements
Absolutory
lead
to
acquittal
cause; will Not an absolutory cause; not

accuseds a
bar
to
accuseds
prosecution and conviction
Modifying circumstances
attendance
of any of these circumstances

modifies the criminal liability of the actor.
They are:
a. Mitigating circumstances;
b. Aggravating circumstances;
c. Alternative circumstances.
ARTICLE 13. MITIGATING

CIRCUMSTANCES
Ordinary
Privileged
Governed by Article 13 in Subject to Article 13 in

relation to Article 64
relation to Articles 68 &69
Presence, if not off-set by Presence has the effect
aggravating
of reducing the penalty
circumstance, has the one or two degrees lower
effect of applying the
penalty in its minimum
period
Can
be
off-set
by Not subject to the off-set
aggravating circumstance rule
Mitigating circumstances -
based on the
diminution of either freedom of action, intelligence or intent
or on the lesser perversity of the offender.
Specific privileged mitigating circumstances

the law prescribes a lesser penalty; they are:
a. Slight Illegal Detention (Art. 268)
b. Abandonment in Adultery (Art. 333)
c. Intent to conceal the dishonor in Infanticide (Art.
255)
Special Mitigating Circumstances presence of 2
or more mitigating circumstances have the effect of
reducing the penalty one degree lower (Article 64[5])
provided that there is no aggravating circumstance
MITIGATING CIRCUMSTANCES
(1) Those mentioned in the preceding chapter,
when all the requisites necessary to justify the
act or to exempt from criminal liability in the
respective cases are not attendant;
unlawful aggression there is no incomplete self-defense or

defense of stranger or relatives in the absence of unlawful
aggression
avoidance of evil there is no incomplete justification of
avoidance of evil in the absence of evil
performance of duty there is no incomplete justification of
performance of duty if in the first place the accused was not
performing his duty or exercising his right when he committed the
crime
(2) That the offender is below eighteen

years of age (privileged mitigating
circumstance)
Elements:
1. the child must be above 15 years but below 18 years of age;

2. the child must have acted with discernment
Proof of age: birth certificate, baptismal certificate or any other pertinent
documents; in the absence of these documents, may determined from
the child, testimonies of other persons, physical appearance of the child
and other relevant evidence
Presumption of minority Sec. 7 RA 9344
Age at the time of the commission of the crime
Privileges
a. Diversion program (Sec 4[i]
b. Suspension of sentence
c. Graduation of penalty privileged mitigating circumstance penalty
lower by one degree (Article 68)
- Ex: Child committed homicide. The penalty of reclusion temporal fixed
for homicide shall be graduated to prision mayor.
(3) That the offender had no intention

to commit so grave a wrong as that
committed
PRAETER INTENTIONEM notable disparity between the
means employed by the accused to commit a wrong and the

resulting crime committed
Factors:
a. aiming at non-vital parts of the body;
b. reaction of the accused after the incident.
Non-applicability:
a. culpable felonies;
b. felonies where intention is not material (ex: unintentional
abortion);
c. felonies not resulting to physical injuries or material harm (ex:
defamation);
d. Anti-Hazing Law (Section 4 of RA No. 8049).
(4) That sufficient provocation on the

part of the offended party
immediately preceded the act
SUFFICIENT
PROVOCATION
Elements:
a. there must be provocation on the part of

the offended party;
b. the provocation must be sufficient;
c. provocation must immediately precede the
criminal act committed by the offender
(4) That sufficient threat on the part

of the offended party immediately
preceded the act
SUFFICIENT
THREAT
Elements:
a. there must be a threat on the part of the

offended party;
b. the threat must be sufficient;
c. the threat must immediately precede the
criminal act committed by the offender
(5) That the act was committed in the

immediate vindication of a grave offense to
the one committing the felony (delito) his
spouse, ascendants, descendants,
legitimate, natural or adopted brothers or
sisters or relatives by affinity within the
same degrees
(6) That of having acted upon an impulse

so powerful as naturally to have produced
passion or obfuscation
PASSION OR OBFUSCATION
Elements:
a. the victim perpetrated unlawful or unjust act, which

produced passion or obfuscation;
b. passion must arise from lawful sentiment of the
offender and not from spirit of lawlessness or revenge;
c. the passion or obfuscation caused lost of control and
reason on the part of the offender;
d. the length of time between the perpetration of the act
that produced passion and the commission of the crime
must not be considerable enough for the accused to
recover his normal equanimity.
PASSION OR OBFUSCATION
Cases:
a. U.S. vs. Hicks (14 Phil 217) Held: Passion must
arise from lawful sentiments.; loss of control must
originate from legitimate feelings, not those which
arise from vicious, unworthy and immoral passions.
b. Sanico vs. CA (46 OG 98) Held: Accused in
raping the victim acted in the spirit of lawlessness
and succumbed to the uncontrollable passion of his
bestial instinct because the former finds himself in a
secluded place with the latter, a young ravishing
woman, almost naked,
Passion/Obfuscation
Uncontrollable fear
Offender acted upon an

impulse so powerful as
naturally to have produced
passion or obfuscation
against the person causing
such
The offender upon impulse of

uncontrollable fear committed
a crime against a person other
than the one causing such
fear
Mitigating circumstance
Exempting circumstance
Passion/Obfuscation
Mitigating circumstance
Cannot
give
irresistible force
rise
Is in the offender himself

Must arise
sentiments
from
Irresistible Force
to Requires physical force
Must come from a third person
lawful unlawful
(7) That the offender had voluntarily

surrendered himself to a person in
authority or his agents
VOLUNTARY
SURRENDER
Elements:
1. the offender has not actually been

arrested;
2. the offender surrendered himself to a
person in authority of the latters agent;
3. the surrender was voluntary (unconditional,
spontaneous);
VOLUNTARY CONFESSION
Elements:
1. the accused spontaneously confessed his

guilt;
2. the confession of guilt was made in open
court;
3. the confession was made before a competent
court trying the case;
4. the confession of guilt was made prior to the
presentation of evidence by the prosecution.
(8) That the offender is deaf and dumb,

blind or otherwise suffering some physical
defect which thus restrict his means of
action or defense, or communication with
(9)fellow
Suchbeings
illness of the offender as would
his
diminish the exercise of the will-power of

the offender without however depriving
him of consciousness of his acts
(10) Any other circumstance of a similar
nature and analogous to those mentioned
in paragraphs 1 to 9 of Article 13.
ANALOGOUS CIRCUMSTANCES
Extreme poverty (Pp vs. Macbul, GR No. 48976,

October 11, 1943)
Analogous to old age
Analogous to passion outrage feeling of debtor
against creditor, outrage feeling of creditor against
debtor
Analogous to voluntary surrender Restitution of
the property stolen by the accused or immediately
reimbursing the amount malversed
ARTICLE 14. AGGRAVATING

CIRCUMSTANCES
Aggravating
circumstances those which, if

attendant in the commission of the crime,
serve to increase the penalty without,
however, exceeding the maximum of the
penalty provided by law for the offense.
a. Ordinary Aggravating Circumstance
b. Special Aggravating Circumstance
c. Qualifying Aggravating Circumstance
d. Extraordinary circumstance
AGGRAVATING CIRCUMSTANCES
That advantage be taken by the offender of his
public position
TAKING ADVANTAGE OF PUBLIC POSITION
special aggravating circumstance
Elements:
1. the offender is a public officer;
2. offender took advantage of his position to
facilitate the commission of crime.
Did the accused abuse his office in order to
commit the crime?
(1)
(2) That the crime be committed in contempt
of or with insult to the public authorities;
IN CONTEMPT OF OR WITH INSULT TO PUBLIC

AUTHORITIES
Elements:
a. the public authority is engaged in the exercise of
public function;
b. the offender committed a crime despite of his
presence showing lack of respect for public authorities;
c. he who is thus engaged in the exercise of said
functions is not the person against whom the crime is
committed;
d. the offender knows him to be a public authority.
(3) That the act be committed with insult
or in disregard of the respect due to the
offended party on account of his rank,
age, or sex, or that it be committed in the
dwelling of the offended party, if the latter
has not given provocation;
DISREGARD OF RANK, AGE OR SEX AND
DWELLING
DWELLING (MORADA)
DWELLING(MORADA) Elements:
a. offender committed crime in the dwelling of the offended
party (Dwelling house or structure exclusively used for rest
and comfort but not necessarily for permanent dwelling and
not necessarily owned by the offended party; also includes
every dependency of the house that forms an integral part
thereof)
b. offended party has not given sufficient provocation
c. offender committed the crime in disregard of the sanctity
of privacy and the respect which the dwelling is entitled (if
the offender and victim were living in the same dwelling, the
former could not have transgressed the sanctity of privacy
due to the dwelling by committing a crime therein)
(4) That the act be committed with abuse
of confidence;
--- There is special, immediate and personal
relation between the victim and the offender
That the act be committed with obvious
ungratefulness;
Abuse of
Confidence
Obvious
Ungratefulness
Essence: taking
advantage of the
confidence
reposed by the
victim on the
offender
to
facilitate
the
commission
of
the crime
Essence:
commission of a
crime instead of
being grateful to
the generosities
given
by
the
victim
to
the
offender
(5) That the crime be committed in the
palace of the Chief Executive, or in his
presence, or where public authorities are
engaged in the discharge of their duties, or in
a place dedicated to religious worship;
Places:
1. religious places
2. Palace or presence of the President
3. Offices of Public Authorities
(6) That the crime be committed in the
nighttime, or in an uninhabited place, or by a
band, whenever such circumstances may
facilitated the commission of the offense;
Whenever
more
than
three
armed
malefactors shall have acted together in the
commission of an offense, it shall be deemed
to have been committed by a band.
NIGHTTIME
(OBSCURIDAD)
Nighttime period of
darkness beginning
at end of dusk and
ending at dawn
(Viada). Nights are
from sunset to
sunrise (Art. 13, Civil
Code).
UNINHABITED PLACE
(DESPOBLADO)
-one where there are
no houses at all, a
place at a considerable
distance from town, or
where the houses are
scattered at a great
distance from each
other.
BAND (CUADRILLA)
Elements:
1. crime committed by a band;
2. band facilitated the commission of the crime or
insured impunity;
3. offender intended to capitalize band in
committing the crime.
BAND at least four malefactors; at least four of
them are armed; at least four of them take part
together in the commission of the crime.
(7) That the crime be committed on the
occasion of a conflagration, shipwreck,
earthquake, epidemic, or other calamity or
misfortune;
(8) That the crime be committed with the aid
of armed men;
That the crime be committed with the aid of
persons who insure or afford impunity.
(9) That the accused is a recidivist;
A recidivist is one who, at the time of his trial
for one crime, shall have been previously
convicted by final judgment of another crime
embraced in the same title of this Code.
RECIDIVISM (REINCIDENCIA)
Elements:
1. accused have been previously convicted of a
crime by a final judgment;
2. accused have been previously convicted of a
crime by a final judgment at the time of his trial for
the subject crime;
3. the crime for which he was previously convicted
and the subject crime for which he is being tried are
embraced in the same title of the RPC
QUASI-RECIDIVISM
-special aggravating circumstance under Article 160
-is punished with more severity than recidivism
because the latter circumstance may be offset by a
mitigating circumstance
Elements:
a. offender had been previously convicted by a final
judgment;
b. before beginning to serve such sentence or while
serving the same, offender committed the subject
felony
(10) That the offender has been previously punished for
an offense to which the law attaches an equal or greater
penalty or for two or more crimes to which it attaches a
lighter penalty;
REITERACION
Elements:
1. offender have been previously punished for one crime or two or more
crimes;
2. the offender committed the subject crime after he served out his previous
sentences;
3. the previous crime/s and the subject crime must not be embraced in the
same title;
4. the law attaches for one prior crime a penalty equal to or greater than
that for the subject crime, or for two or more prior crimes a penalty lighter
than that for the subject crime
Recidivism
Reiteracion
It is enough that the a

final judgment has
been rendered in the
1st offense
It is necessary that the

offender
shall
have
served out his sentence
for the 1st offense
Requires
that
the
offenses be included
in the same title of the
Code
Previous
and
subsequent
offenses
must not be embraced
in the same title of the
Code
Always to be taken Not

always
into consideration in aggravating
fixing the penalty to be circumstance
imposed upon the
accused
an
FORMS OF REPETITION
1. Recidivism (Art. 14, par. 9) ordinary
aggravating
2. Reiteracion (Art. 14, par. 10) ordinary
aggravating
3. Quasi-Recidivism (Art. 160) special
aggravating
4. Habitual delinquency or Multi-recidivism
(Art. 62) extraordinary aggravating
(11)
That the crime be committed in
consideration of a price, reward, or promise;
(12) That the crime be committed by means
of inundation, fire, poison, explosion,
stranding of a vessel or intentional damage
thereto, derailment of a locomotive, or by the
use of any other artifice involving great waste
and ruin;
(13) That the act be committed with
evident premeditation;
EVIDENT PREMEDITATION (PREMEDITACION

CONOCIDA)
Elements:
1. the time when the accused was determined to
commit the crime;
2. an act manifestly indicating that the accused
clung to that determination;
3. a lapse of time between the determination and
the execution sufficient to allow the accused to
reflect upon the consequences of the act;
(14) That craft, fraud, or disguise be
employed;
FRAUD direct inducement by insidious words or

machinations to induce the victim to act in a manner
which would enable the offender to carry out his design
CRAFT employing trick or ploy to gain access to the
victim in committing a crime; acts of the accused done in
order not to arouse the suspicion of the victim; use of
intellectual trickery and cunning on the part of the
accused
DISGUISE (DISFRAZ) -- resorting to any device to
conceal identity
(15) That advantage be taken of superior
strength;
Superiority:
a. Armed superiority
b. Physical superiority (female inferiority, oldage inferiority; tender age inferiority; size
inferiority)
c. Numerical superiority (4 against one)
Band
At
least
armed
malefactors
Aid of armed
men
4 There must be
a principal by
direct
participation
and
armed
men
participating in
a
minor
character
Participation of
the
armed
malefactors
must be that of
a principal by
direct
participation
The
aiding
offenders must
participate in a
minor
character such
as that of an
accomplice
Abuse of
superior
strength
Organized
/Syndicated
crime group
Numerical and At least two

armed strength offenders,
of
the armed or not
offenders
should
be
considered
The offenders The offenders

must commit must act as
the crime in the conspirators
character
of
principals
(15) That means be employed to weaken the
defense;
(16) That the act be committed with treachery
(alevosia); There is treachery when the offender
commits any of the crimes against the person,
employing means, methods or forms in the
execution thereof which tend directly and specially
to insure its execution without risk to himself arising
from the defense which the offended party might
make.
(17)
That means be employed or
circumstances brought about which add
ignominy to the natural effects of the act;
IGNOMINY
--circumstance pertaining to the moral order,

which adds disgrace and obloquy to the
material injury caused by the crime
(18) That the crime be committed after an
unlawful entry; (ESCALAMIENTO)
(19) That as a means to the commission
of a crime, a wall, roof, floor, door or
window be broken;
(20) That the crime be committed with the
aid of persons under fifteen years of age;
(20) That the crime be committed by means
of motor vehicles, motorized watercraft,
airships, or other similar means;
(21) That the wrong done in the commission
of the crime be deliberately augmented by
causing other wrong not necessary for its
commission; (CRUELTY)
Cruelty
Ignominy
Act
is
not Appreciable even
necessary to the if the act of the
commission of offender
is
the crime
necessary to the
commission of the
crime
Refers
physical
suffering
to Involves
suffering
moral
SCOFFING AND OUTRAGING

qualifying circumstance in murder under Art. 248
but is not listed as an ordinary aggravating
circumstance
2 kinds:
a. scoffing or outraging at his person;
b. scoffing or outraging at his corpse.
To Scoff to express derision or to scorn at
somebody;
Outrage to offend or insult
USE OF UNLICENSED FIREARM AND

EXPLOSIVES (PD 1866, as amended by R.A. No.
8294)
If the offender killed the person with the use of
unlicensed firearms or explosives:
1. offender shall be charged with and punished for
homicide or murder with ordinary aggravating
circumstance of use of unlicensed firearm;
2. offender cannot be charged with an punished
independently for illegal possession of firearm.
ARTICLE 15. ALTERNATIVE

CIRCUMSTANCES
ALTERNATIVE
CIRCUMSTANCES those
which must be taken into consideration as
aggravating or mitigating according to the
nature and effects of the crime and the other
conditions attending its commission.
A. RELATIONSHIP
B. INTOXICATION
C. INSTRUCTION AND EDUCATION
Article 16. Who are criminally

liable
The
following are criminally liable for grave

and less grave felonies:
1. Principals;
2. Accomplices;
3. Accessories.
The following are criminally liable for light
felonies:
1. Principals;
2. Accomplices.
Article 17. PRINCIPALS

The
following are considered principals:

1. Those who take a direct part in the
execution of the act;
2. Those who directly force of induce others
to commit it;
3. Those who cooperate in the commission of
the offense by another act without which it
would not have ben accomplished.
PRINCIPALS
Principal by direct participation the

person who takes a direct part in the
execution of the acts;
Principal by inducement/induction one
who directly induces or forces another to
commit a crime;
Principal by indispensable cooperation
one who cooperates in the commission of
the offense by another act without which if
would not have been accomplished.
Article 18. Accomplices

Accomplices
are those persons who, not

being included in Article 17, cooperate in the
execution of the offense by previous or
simultaneous acts.
If offender took part subsequent to the commission of

the crime, he is liable as an accessory.
Accomplice concurred in the criminal resolution with
the chief actor by performing simultaneous or
previous act.
Accomplices
come
to know about the criminal intention

after the principals have reached the
decision, and only then do they agree to
cooperate in its execution;
Merely concur in the criminal decision;
do not decide whether the crime should be
committed;
Merely instruments who perform acts not
essential to the perpetration of the offense
Conspirators
Conspirators
know
the
criminal intention because
they
themselves
have
decided upon such course of
action.
Accomplices
Accomplices come to know
about it after the principals
have reached the decision,
and only then do they agree
to
cooperate
in
its
execution.
Decide that a crime should Merely concur in the

be committed
criminal decision; do not
decide whether the crime
should be committed
Authors of the crime
Merely their instruments
who perform acts not
essential to the perpetration
of the offense
Common characteristic: they
know and agree with the
criminal design
Article 19. Accessories
Accessories are those who, having knowledge of the commission

of the crime, and without having participated therein, either as
principals or accomplices, take part subsequent to its
commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by
the effects of the crime.
2. By concealing or destroying the body of the crime, or the
effects or instruments thereof, in order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the
principal of the crime, provided the accessory acts with abuse of
his public functions or whenever the author of the crime is guilty
of treason, parricide, murder, or an attempt to take the life of the
Chief Executive, or is known to be habitually guilty of some other
crime.
Also called ACCESSORY

AFTER THE FACT
Requisites:
1. crime was committed by principal;
2. the participator must have knowledge of the commission of the
crime by the principal;
3. the participator did not participate in the commission of the
crime as principal or accomplice;
4. the participator took part in the commission of the crime by
performing subsequent acts.
Additional Requisites:
1. crime committed by the principal must be a grave or less grave
felony Article 16;
2. in case of accessory of the 2nd or 3rd kind, the principal must
not be spouse, ascendant, descendant, brothers and sisters, or
relatives by affinity within the same degrees of the accessory
Article 20.
Crime was committed by an

orCAat
large
unidentified,
A. Billon doctrine (Ppdead
vs. Billon,
48 OG
1391) Even if the principal
was not tried and convicted, offender may be held liable as accessory
principal:
as long as there is evidence that the crime was committed by principal.
B. Barlam doctrine (Pp vs. Barlam, CA 59 OG 2474) The accused

cannot be held liable as accessory under par. 3 Article 19, if the
principal charged with murder died before trial.
C. Controlling Rule: (Pp vs. Inovera, et.al. 65 OG 3168) CA reverted
back to the Billon doctrine.
- see Vio vs. People (GR No. 84163, October 19, 1989) SC reaffirmed the principle in Billon. 3 pronouncements:
a. Acquittal of the principal must likewise result in the acquittal of the
accessory since it was shown that no crime was committed;
b. If the principal died or escaped before he could be tried and
sentenced, accessory may be held criminally liable;
c. If the principal was not identified but the accessory was identified, the
latter can be prosecuted and held liable independently of the assailant.
FIRST MODE - by profiting himself or

assisting the offender to profit by the
effects of the crime
Fencing:
the act of any
Accessory in robbery
person, who with intent to
and theft 2
gain for himself or for
liabilities:
another, shall buy, receive,
possess, keep, acquire,
a. Accessory in the
conceal, sell or dispose of,
crime of theft or
or shall buy and sell, or in
robbery under the
any manner deal in any
article, item, object or
RPC;
anything of value which he
b. principal in the
knows, or should be known
crime of fencing
to him, to have been
derived from the proceeds
under PD 1612.
of the crime of robbery or
theft.
Elements of Fencing:
1. a crime of robbery or theft has been committed;
2. the accused, who is not a principal or accomplice in
the commission of the crime of robbery or theft, buys,
receives, possesses, keeps, acquires, conceals, sells
or disposes, or buys and sells, or in any manner deals
in any article, item, object or anything of value, which
has been derived from the proceeds of said crime;
3. the accused knows or should have known that the
said article, item, object, or anything of value has been
derived from the proceeds of the crime of robbery or
theft; and
4. there is on the part of the accused intent to gain for
himself or for another.
Accessory in theft or
robbery
Fence under PD 1612
Penalty is 2 degrees
lower
than
that
prescribed
for
the
principal
Heavy
penalties
on
persons who profit by the
effects of the crime of
theft or robbery
Accessory after the fact Principal in the offense of

in theft or robbery
fencing
Crime
committed
malum in se
is Crime
is
prohibitum
malum
No presumption similar Sec. 5 Establishes a

to that provided under presumption
mere
PD 1612
possession
shall
be
prima facie evidence of
fencing
Accessory in piracy and brigandage:

a. liable as an accessory in piracy and brigandage under the RPC;
b.
accomplice in the crime of piracy or brigandage highway

robbery under PD No. 532
PD NO. 532 Forms under PD No. 532:
1st the offender protects or aids pirates, or brigands or highwayrobbers
Req: a. the offender protects or aid pirates or brigands or
highway-robbers;
b. the offender must be aware that he is aiding or
protecting pirates or highway-robbers.
2nd directly or indirectly abetting the commission of piracy or
highway robbery or brigandage
SECOND MODE by concealing or destroying the

body of the crime, or the effects or instruments
thereof, in order to prevent its discovery;
Body
of the crime
(corpus delicti)
as the body or
substance of the
crime and in its
primary
sense,
refers to the fact that
a crime has actually
been committed.
2 liabilities of one who

concealed or destroyed
the body of the crime:
a. accessory under the
RPC;
b.
principal of the
offense of Obstruction
of Justice under PD No.
1829.
OBSTRUCTION OF JUSTICE
Elements:
a. offender knowingly or willfully obstructs, impedes, or
frustrates the investigation and prosecution of criminal
cases or delays the apprehension of suspects and the
investigation and prosecution of criminal cases;
b. the offender alters, destroys, suppresses or conceals any
paper, record, document nor object;
c. the offender intended to impair the veracity, authenticity,
legibility, availability or admissibility of the said paper,
record, document, or object as evidence in any investigation
of or official proceedings in criminal cases, or to be used in
the investigation of, or official proceedings in, criminal
cases.
Accessory under the RPC
Obstruction of justice
Required that a crime was It is not necessary that the

committed by the principal
crime was committed by the
principal
Destroys or conceals the Destroys
or
conceals
body of the crime, or the document or object to be
effects or instruments thereof used as evidence in a case;
may include the body of the
crime, or the effects or
instruments thereof
Destroys or conceals body of
the crime, or the effects or
instruments thereof to prevent
its discovery
One who destroys or conceals

a document or object to
impair its availability as
evidence in a criminal case
Must not have participated in Not required that the offender

the commission of the crime be a principal nor an
as principals
accomplice
THIRD MODE one who had knowledge of the commission

of the crime and did not participate in its commission as
principal or accomplice, yet took part subsequent to its
commission by harboring, concealing, or assisting in the
escape of the principal of the crime, provided the accessory
acts with abuse of his public functions or whenever the
author of the crime is guilty of treason, parricide, murder, or
an attempt to take the life of the Chief Executive, or is known
to be habitually guilty of some other crime.
2 kinds of Accessories under the 3rd type:

a. public officer who acts with abuse of his public function by
harboring, concealing or assisting in the escape of the principal
of the crime; and
b. private individual who does the same thing to a principal guilty
of the crime of treason, parricide, murder or an attempt against
the life of the Chief Executive or is known to be habitually guilty
of some other grave or less grave felony.
OBSTRUCTION OF JUSTICE under

Elements:
Sec
1 (b)
a. offender knowingly or willfully obstructs, impedes,

frustrates or delays the apprehension of suspects and
the investigation and prosecution of criminal cases;
b. offender harbors or conceals, or facilitates the
escape of a person;
c. offender knows, or has reasonable ground to
believe, or suspects that the person he assisted has
committed any offense under existing penal laws; and
d. the offender assisted the criminal in order to
prevent his arrest, prosecution and conviction.
Accomplice
Accessory
Participates before or
during the commission
of the offense
Knows of the criminal
design of the principal
Takes part subsequent

to the commission of
the offense
Knows
of
the
commission
of
the
offense
Provides material or Acts in the 3 ways
moral
aid
in
an specified in Article 19
efficacious way but not
in
a
manner
indispensable to the
offense
No
exemption
liability
from Some accessories are

exempted under Article
20
Article 20. Accessories who are

exempt from criminal liability
The
penalties prescribed for accessories

shall not be imposed upon those who are
such with respect to their spouses,
ascendants, descendants, legitimate, natural,
and adopted brothers and sisters, or relatives
by affinity within the same degrees, with the
single exception of accessories falling within
the provisions of paragraph 1 of the next
preceding article.
RELATIONSHIP
RELATIONSHIP absolutory cause or factor that will

exempt 2nd and 3rd types of accessory from criminal
liability
- by consanguinity and affinity
- does not cover 1st type of accessory
- accessory of the 2nd and 3rd type may be charged with
obstruction of justice as PD 1829 did not provide
relationship as a ground for criminal exemption
LIGHT FELONIES only principals and accomplices
are criminally liable; however, accessories in light
felonies can be held liable for obstruction of justice.
PENALTIES
PENALTY -- suffering that

is inflicted by the State for
the transgression of the law;
Juridical conditions of
penalty
Purpose: to secure justice;
Theories justifying penalty:
a. Prevention
b. Self- defense
c. Reformation
d. Justice
3-Fold Purpose of the Penalty

under the RPC
1. Retribution or expiation the
penalty is commensurate to the
gravity of the offense;
2. Correction of Reformation as
shown by the rules which regulate
the execution of the penalties
consisting in deprivation of liberty;
3. Social Defense shown by
inflexible severity to recidivists and
habitual delinquents.
Section 19(1) Article III of the 1987
constitution provides, Excessive
fines shall not be imposed, nor
cruel, degrading or inhuman
punishment inflicted.
Article 22. Retroactive effect of

penal laws
Penal
laws shall have a retroactive effect

insofar as they favor the person guilty of a
felony, who is not a habitual criminal, as
this term is defined in rule 5 of article 62 of
this Code, although at the time of the
publication of such laws a final sentence
has been pronounced and the convict is
serving the same.
Ex Post Facto Laws
penalize an act not otherwise punishable at the time

committed
provides for retroactivity of criminal law;
prohibited by the 1987 Constitution;
CASE: Lacson vs. Executive Secretary (GR No. 128096, January 20,
1999) An Ex Post Facto law:
1. Alters, in relation to the offense or its consequences, the situation of a
person to his disadvantage;
2. Assumes to regulate civil rights and remedies only but in effect imposes
a penalty or deprivation of a right which when done was lawful;
3. Deprives a person accused of crime of some lawful protection to which
he has become entitled, such as the protection of a former conviction or
acquittal, or a proclamation of amnesty.
Article 24. Measures of prevention or

safety which are not considered penalties.
The following shall not be considered as penalties:
1. The arrest and temporary detention of accused persons, as
well as their detention by reason of insanity or imbecility, or
illness requiring their confinement in a hospital.
2. The commitment of a minor to any of the institutions
mentioned in article 80 and for the purposes specified therein.
3. Suspension from the employment or public office during the
trial or in order to institute proceedings.
4. Fines and other corrective measures which, in the exercise
of their administrative disciplinary powers, superior officials
may impose upon their subordinates.
5. Deprivation of rights and reparations which the civil law may
establish in penal form.
PENALTIES
Classification
of
Penalties:
1. Principal those
expressly imposed by
the court in the
judgment
of
conviction
2. Accessory is
based
on
the
imposition of principal
penalty
Classification of Principal Penalties:

A. Gravity Principal penalties
except fine are classified into capital
punishment, afflictive, correctional
and light penalties.
Fine is
classified into afflictive, correctional
and light penalty;
B. Subject Matterclassified into
corporal punishment, deprivation of
freedom, pecuniary punishment (ex.
Fine), restriction of freedom (ex.
Destierro) and deprivation of rights;
C. Divisibility
i. Divisible those that can be
divided into 3 periods;
ii. Indivisible those that cannot be
divided into 3 periods; e.g. reclusion
perpetua
Art. 26. FINE

Light penalty
Correctional
penalty
Less than P200

Not less than P200, not
exceeding P6000
Afflictive penalty
Exceeding P6000
Duration of Penalties
Light penalty
Arresto Menor
1 day to 30 days
Correctional
penalties
Arresto Mayor
1 month and 1 day to

6 months
Prision Correcional 6 months and 1 day

(Suspension
& to 6 years
Destierro)
Afflictive
penalties
Prision Mayor
6 years and 1 day to

12 years
Reclusion Temporal

20 years
Reclusion Perpetua

40 years
Distinctions between Life Imprisonment and Reclusion Perpetua
Life Imprisonment
Reclusion Perpetua
Penalty for violation Penalty for violation
of special penal laws of the Revised Penal
Code
With no fixed duration With fixed duration of
40 years
Without
accessory With
accessory
penalties
penalties under Article
27
Article 28. Computation of

penalties
If the offender shall be in prison, the term of the
duration of the temporary penalties shall be
computed from the day on which the judgment of
conviction shall have become final.
If the offender be not in prison, the term of the
duration of the penalty consisting of deprivation of
liberty shall be computed from the day that the
offender is placed at the disposal of the judicial
authorities for the enforcement of the penalty. The
duration of the other penalties shall be computed
only from the day on which the defendant
commences to serve his sentence.
Article 29. Period of preventive imprisonment

deducted from term of imprisonment.
Read Articles 30 33
Article 34. Civil interdiction. - Civil interdiction shall
deprive the offender during the time of his sentence of the
rights of parental authority, or guardianship, either as to
the person or property of any ward, of marital authority, of
the right to manage his property and of the right to dispose
of such property by any act or any conveyance inter vivos.
CIVIL INTERDICTION accessory to death, reclusion
perpetua, and reclusion temporal.
Right to dispose property only through a:
1. person appointed as judicial guardian;
2. through conveyance mortis causa.
Article 35. Effects of bond to

keep the peace
a.
b.
Bond to keep the peace imposed only in

grave or light threats; to cover such period
of time as the court may determine (Art. 27);
Failure to give the bond:
Grave or less grave felony detention for
not more than 6 months;
Light felony detention not exceeding 30
days.
Article 36. Pardon; its effect.

A pardon shall not work
the restoration of the
right to hold public office,
or the right of suffrage,
unless such rights be
expressly restored by
the terms of the pardon.
A pardon shall in no
case exempt the culprit
from the payment of the
civil indemnity imposed
upon
him
by
the
sentence.
2 kinds of pardon:
a. Private;
b. Executive.
Executive clemency
- pardoning power of the
President;
- an act of forgiveness, thus,
relieves the person pardoned
from the penal consequences
of the crime but it does not
obliterate the crime itself;
- discretionary on the part of
the President;
- does not extinguish the civil
liability of the person pardoned.
Pardon by the Chief

Executive
Extinguishes
the
criminal liability of the
offender
Cannot include civil
liability
which
the
offender must pay
Pardon by the
offended party
Does not extinguish the
criminal liability of the
offender
Offended
party can
waive the civil liability
which
the
offender
must pay
Pardon granted only In Art. 344, pardon
after conviction and must
be
extended
may be extended to before the institution of
any of the offenders
the
criminal
prosecution and must
be extended to both
offenders
Article 38. Pecuniary liabilities.

- Order of payment
1. The reparation of the damage
caused;
2. Indemnification of consequential
damages;
3. The fine;
4. The costs of the proceedings.
Pecuniary Penalties vs.

Pecuniary liabilities
Pecuniary penalties
are those which a
convicted offender
may be required to pay
in money to the
government. These
are:
a. Fine; and
b. Costs of the
proceedings.
Pecuniary liabilities are

those which a convicted
offender is required to pay in
money to the offended party
and to the government.
They are:
a.
Reparation of the
damage caused;
b.
Indemnification
of
consequential damages;
c. Fine; and
d. Costs of the proceedings.
Article 39. Subsidiary penalty
Requisites:
a. offender was sentenced to suffer penalty of fine,
imprisonment penalty and fine, or penalty with
duration and fine;
b.
offender was not sentenced to suffer
imprisonment penalty or penalty with duration of
more than six years;
c. the offender was expressly sentenced in the
judgment to suffer fine with subsidiary imprisonment
in case of insolvency;
d. offender failed to pay the penalty of fine;
e. the failure to pay the fine was due to insolvency.
Subsidiary Penalty
(1)
Fine subsidiary imprisonment shall not

exceed 6 months, if the accused shall have
been prosecuted for a grave or less grave
felony, and shall not exceed 15 days, if for a
light felony.
(2) Imprisonment penalty and fine
imprisonment penalty of not more than 6
years, the subsidiary imprisonment shall not
exceed 1/3 of the time of the
imprisonment penalty or one year.
Read Articles 40 to 45
Principal
Accessory penalty(ies)
Arresto menor
Arresto mayor
Suspension (1) to hold office; (2)

suffrage
Prision correcional
Suspension from (1) public office;

(2) profession; (3) calling
Exceeding
months
Prision Mayor
18 Perpetual special disqualification

from right of suffrage
Perpetual special disqualification
from right of suffrage
Temporary
absolute
disqualification
Reclusion Temporal Perpetual

disqualification
Reclusion Perpetua Civil Interdiction
absolute
Article 46. Penalty to be imposed

upon principals in general
The penalty prescribed by law for the commission of

a felony shall be imposed upon the principals in the
commission of such felony. (Read also Arts. 50 -51)
Whenever the law prescribes a penalty for a felony
in general terms, it shall be understood as
applicable to the consummated felony.
STARTING POINT of the rule for graduation of
penalties by degrees.
Read Art. 47. Death Penalty
See R.A. No. 9346 prohibits the imposition of death penalty
SINGLE PENALTY FOR MULTIPLE

CRIMES
a. compound crime;
b. complex crime proper;
c. special complex crime;
d. continued crime;
e. absorbing crime.
Basis:
A.
Absorption system of penalty lesser
penalties are absorbed by the greater penalties
B. Pro Reo Principle accused who commits two
crimes with single criminal impulse demonstrates
lesser perversity than when the crime are committed
by different acts and several criminal resolutions.
C. Single Impulse Rule requires the imposition of
a single penalty for multiple crimes committed under
a single criminal resolution.
D. Public policy
Article 48. Complex crimes

When a single act
constitutes two or
more grave or less
grave felonies, or
when an offense is a
necessary means for
committing the other,
the penalty for the
most serious crime
shall be imposed, the
same to be applied in
its maximum period.
Component Crimes the

crimes constituting complex
crime.
2 kinds:
a. Compound Crime (Delito
Compuesto) two or more
grave or less grave felonies
resulting from a single act
b. Complex Crime Proper
(Delito Complejo) two or
more offenses one of which is
the principal crime while the
rest are committed as a
necessary means to commit
the former
COMPLEX CRIMES
COMPOUND
CRIME Delito Compuesto

REQUISITES:
1. single act produces two or more crimes
compound crime is produced by a single act,
hence, there should only be a single penalty
2. the crimes produced are felonies
punishable by the RPC;
3. the crimes produced are grave or less
grave felonies;
COMPLEX CRIMES
COMPLEX
CRIME PROPER (Delito
Complejo)
REQUISITES:
1. crimes were committed as a necessary
means for committing the other;
2. the crimes resulted from different acts
committed under single criminal resolution;
3. crimes committed were punishable by the
RPC.
COMPLEX CRIMES
Penalty
for complex crime: that

imposable for the most serious
component crime to be applied in the
maximum period.
Doctrine of Absorption
applies when a crime is inherent in another crime.

Example: Forcible abduction absorbs illegal
detention;
applies in rebellion see Pp vs. Salazar, GR Nos.
6025-26, July 18, 1956; Enrile vs. Salazar, GR No.
92163, June 5, 1990; RA No. 6968; Held: Murder,
arson and robbery are mere ingredients of the crime
of rebellion, as means necessary for the
perpetration of the offense. Such common offenses
are absorbed or inherent in the crime of rebellion.
Doctrine of Common Element

an
element used to complete one crime

cannot be legally re-used to complete the
requisites of a subsequent crime.
Estafa through falsification of private
document cannot exist. The use of
damage as an element in falsification
precludes the re-use thereof to complete the
elements of estafa, and vice versa.
CONTINUOUS (CONTINUED OR
CONTINUING) CRIME
single crime consisting of a series of acts arising from a

single criminal resolution or intent not susceptible of
division
Applies to crimes penalized under special laws
also called SINGLE LARCENY Doctrine
CASES:
1. Pp vs. Tumlos (GR No. 46248, April 13, 1999)
2. Pp vs. Jaranilla (GR No. L-28547)
3. Santiago vs. Garchitorena (GR No. 109266, December 2, 1993)
Not applied:
a. 2 estafa cases one of which was committed during the period from
January 19 to December 1955 and the others from January 1956 to July
1956 (Pp vs. Dichupa, 113 Phil) The said acts were committed on
different occasions;
b. 75 estafa cases committed by the conversion by the agent of
collections from customers of the employee made on different dates.
(Gamboa vs. CA, 68 SCRA)
SPECIAL COMPLEX
CRIME/OFFENSE
SPECIAL
COMPLEX CRIME
- also called COMPOSITE CRIME
- composed of 2 or more crimes for which
the law fixes specific penalty
Special Complex Offense special
criminal law may also fix a specific penalty
for an offense defined by it
Composite
crimes
The combination of
the offenses are
fixed by law, e.g.
robbery with rape,
robbery
with
homicide, etc.
Complex
crimes
The combination is
not specified but
generalized, that is,
grave and/or less
grave;
or
one
offense being the
necessary means to
commit the other
The penalty for the The penalty is not
specified
specific but is for
combination
of the most serious
crimes
is
also offense
in
the
specific
maximum period
Transitory (Moving) Crime

in
criminal procedure, to determine

venue
criminal action may be instituted and
tried in the court of the municipality,
city or province wherein any of the
essential ingredients of the crime took
place.
Question:
a.
b.
c.
Accused took a woman forcibly and thereafter raped her.

How should the offender be charged?
If the original intent is to rape, the taking is merely a
means to commit the intended offense in which case, the
crime is rape, the abduction being a necessary means to
bring about the desired result.
If the intention is to take the woman against her will with
lewd designs, there is the complex crime of forcible
abduction with rape.
If the original intention is to kidnap the woman for ransom
and thereafter, rape is committed as an afterthought, the
offense committed is a special complex crime of
kidnapping with rape.
Article 49. Penalty to be imposed upon the

principals when the crime committed is different
from that intended
applicability
of Article 49 is limited to
unintended crime committed due to ERROR
IN PERSONAE
Error in personae or aberratio ictus
Praeter intentionem
Consequent victim is different from that Wrongful consequence is graver than that
intended due to mistake in identity or intended
mistake in blow
If the victim did not die, the crime If the victim did not die, the crime
committed is attempted or frustrated committed is physical injuries as there is
homicide/murder
lack of intent to kill
Offender is not entitled to mitigating Offender
is
entitled
to
mitigating
circumstance
circumstance of no intention to commit
EP penalty under Article 49
so grave a wrong as that committed
AI penalty under Article 48
Articles 50 - 57
Consummated Stage Frustrated Attempted
Stage
Stage
Principals
Accomplices
Accessories
0
1
2
1
2
3
2
3
4
Article 58. Additional penalty to be

imposed upon certain accessories
Accessories
falling under paragraph 3 of

Article 19 who act with abuse of their
functions
Additional penalties:
1. Absolute perpetual disqualification principal
offender guilty of a grave felony
2. Absolute temporary disqualification
principal offender guilty of a less grave felony
Article 59. Penalty for

impossible crime
Arresto
mayor of a fine ranging from P 200 to
P 500
Basis for imposition of proper penalty:
1. Social danger
2. Degree of criminality shown by the offender
Basis for determining extent of

penalty:
the stage of its
execution;
the degree of
participation therein of
the offender;
the mitigating or
aggravating
circumstances which
attended the commission
of the crime.
What is a degree?
A degree is one entire
penalty or one whole
penalty or one unit of the
penalties
in
the
graduated
scales
provided for in Article 71.
What is a period?
A period is the minimum,
medium or maximum of a
divisible penalty.
PENALTIES
Single Penalty vs. Compound Penalty

Single penalty is that which is composed of a single unit of penalty.
Ex: penalty for homicide is reclusion temporal
Compound penalty is that which consists of 2 or more
components. Ex: penalty for mutilation is reclusion temporal to
reclusion perpetua
5 divisible imprisonment penalties: reclusion temporal, prision
mayor, prision correcional, arresto mayor, arresto menor
Complex penalty has 3 distinct penalty components. Ex: penalty
of reclusion temporal to death fixed for treason committed by an
alien (Art. 114)
Period components Ex: penalty for serious physical injuries
under Art. 263, par. 3 is prision correctional in its minimum and
medium periods; penalty for illegal assembly is prision correctional
in its maximum period to prision mayor in its medium period.
Penalty in period penalty is only a portion of a divisible penalty.
Ex: penalty of arresto mayor in its minimum period for light coercion
Article 60. Exceptions to the rules

established
articles
50 to
Special complexincrime
of robbery
with57
attempted
or
frustrated homicide (Article 297);

Accomplice, who furnished the place for the perpetration
of the crime of slight illegal detention (Article 268)punished as principals;
Ascendant, guardians, curators, teachers, or any person,
who by abuse of authority, or confidential relationship,
shall cooperate as accomplices in the crimes of acts of
lasciviousness, seduction, abduction, white slave trade,
corruption of minor (Article 346)- punished as principals;
Accomplice and accessory in the crime of terrorism or
conspiracy to commit terrorism (R.A. No. 9372).
Scale of penalties under Article

71
For the purpose of applying the provisions of the next preceding paragraph
the respective severity of the penalties shall be determined in accordance
with the following scale:
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
9. Perpetual absolute disqualification,
10 Temporary absolute disqualification.
11. Suspension from public office, the right to vote and be voted for, the
right to follow a profession or calling, and
12. Public censure.
Penalties under Article 71

Indivisible
death, reclusion
perpetua, and public censure;
Divisible reclusion temporal, prision
mayor, prision correccional, arresto
mayor, destierro, arresto menor
Article 61. Rules for graduating

penalties
First Rule: Penalty prescribed is single and indivisible;

Second Rule: Penalty prescribed composed of 2
indivisible penalties or 1 or more divisible penalties
imposed to their full extent;
Third Rule: Penalty prescribed composed of 1 or 2
indivisible penalties and the maximum of another
divisible penalty;
Fourth Rule: Penalty prescribed composed of several
periods of divisible penalties;
Fifth Rule: When the penalty prescribed not covered
by preceding four rules proceed by analogy.
Article 62. Effects of the attendance of mitigating

or aggravating circumstances and of habitual
delinquency
Mitigating or aggravating circumstances and habitual delinquency
shall be taken into account for the purpose of diminishing or
increasing the penalty in conformity with the following rules:
1. Aggravating circumstances which in themselves constitute a
crime specially punishable by law or which are included by the law
in defining a crime and prescribing the penalty therefor shall not be
taken into account for the purpose of increasing the penalty.
1(a). When in the commission of the crime, advantage was taken
by the offender of his public position, the penalty to be imposed
shall be in its maximum regardless of mitigating circumstances.
The maximum penalty shall be imposed if the offense was
committed by any person who belongs to an organized/syndicated
crime group.
An organized/syndicated crime group means a group of two or
more persons collaborating, confederating or mutually helping one
another for purposes of gain in the commission of any crime.
Article 62. Effects of the attendance of mitigating

or aggravating circumstances and of habitual
delinquency
2. The same rule shall apply with respect to any
aggravating circumstances inherent in the crime to such a
degree that it must be necessity accompany the
commission thereof.
3. Aggravating or mitigating circumstances which arise
from the moral attributes of the offender, or from his private
relations with the offended party, or from any other
personal cause, shall only serve to aggravate or mitigate
the liability of the principals, accomplices and accessories
as to whom such circumstances are attendant.
4. The circumstances which consist in the material
execution of the act, or in the means employed to
accomplish it, shall serve to aggravate or mitigate the
liability of those persons only who had knowledge of them
at the time of the execution of the act or their cooperation
therein.
Organized/Syndicated
Crime Group
An
organized/syndicated crime group means

a group of two or more persons
collaborating, confederating or mutually
helping one another for purposes of gain in
the commission of any crime.
The maximum penalty shall be imposed if
the offense was committed by any person
who belongs to an organized/syndicated
crime group.
Article 62.
Rules 1 & 2
Examples: that the crime was committed by means of
fire, is not considered as aggravating circumstance in
arson; that the crime was committed in the dwelling of
the offended party is not aggravating in robbery with
force upon things (Art. 299)
Taking
advantage of public position special
aggravating circumstance; maximum penalty shall be
imposed regardless of the presence of mitigating
circumstances;
Belong to organized/syndicated crime group the
penalty to be imposed shall be in its maximum.
Article 62.
Rules 3 & 4:
Question: 4 persons committed homicide. One of them
is 15 years old. Another is drunk. The third is recidivist
and the other is neither under age, nor drunk nor a
recidivist. Are they equally liable? No. The first offender
has in is favor an exempting circumstance, which does
not affect his co-accused. The second has another
circumstance in his favor, drunkenness, which does not
affect his co-accused. The third has an aggravating
circumstance which affects him only. The fourth accused
shall suffer the penalty corresponding to him without
taking into consideration the circumstances which affect
the others.
HABITUAL DELINQUENCY
5. Habitual delinquency shall have the following effects:

(a) Upon a third conviction the culprit shall be sentenced to the penalty
provided by law for the last crime of which he be found guilty and to the
additional penalty of prision correccional in its medium and maximum periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty
provided for the last crime of which he be found guilty and to the additional
penalty of prision mayor in its minimum and medium periods; and
(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the
penalty provided for the last crime of which he be found guilty and to the
additional penalty of prision mayor in its maximum period to reclusion temporal
in its minimum period.
Notwithstanding the provisions of this article, the total of the two penalties to be
imposed upon the offender, in conformity herewith, shall in no case exceed 30
years.
For the purpose of this article, a person shall be deemed to be habitual
delinquent, if within a period of ten years from the date of his release or last
conviction of the crimes of serious or less serious physical injuries, robo, hurto
estafa or falsification, he is found guilty of any of said crimes a third time or
oftener. (As amended by Section 23, Republic Act No. 7659.)
HABITUAL DELINQUENT is a person who within a period of

ten years from the date of his last release or last conviction of
the crimes of serious or less serious physical injuries, robbery,
theft, estafa or falsification is found guilty of any of said crimes a
third time or oftener.
not a crime; only a factor in determining the total penalty;
10 year period is computed from the last conviction or from the
last release, not from the date of the commission of the last
offense;
Applies not only to consummated felonies enumerated, but also
when attempted or frustrated (Pp vs. Abuyen, 52 Phil 722); also
applicable when the offender is convicted as a principal,
accomplice or accessory in the commission of any of the
specified crimes;
Requisites of HABITUAL
DELINQUENCY:
1.
2.
3.
That the offender had been convicted of any of the

crimes of serious or less serious physical injuries,
robbery, theft, estafa or falsification;
That after that conviction or after serving his sentence,
he again committed, and within 10 years from his
release or first conviction, he was again convicted of
any of the said crimes for the second time;
That after his conviction of, or after serving sentence
for, the second offense, he again committed, and within
10 years from his last release or last conviction, he was
again convicted of any of said offense, the third time or
oftener.
Effects of Habitual Delinquency
accused is not entitled to retroactive application of law, which is

favorable to him Article 22;
period of preventive imprisonment shall not be credited in the
service of sentence of the habitual delinquent, since he is a
recidivist and have been convicted previously twice or more
times of crime Article 69;
in addition to the penalty prescribed for the last felony of which
he is found guilty, the HB shall suffer the penalty prision
correctional in its medium and maximum periods for the 3rd
conviction; or the penalty of prision mayor in its minimum and
medium periods for 4th conviction or penalty of prision mayor
in its maximum period to reclusion temporal in its minimum
period for the 5th or additional conviction;
convict is not eligible for parole under the Indeterminate
Sentence Law.
A habitual delinquent is necessarily a recidivist,
and in imposing the principal penalty upon him
the aggravating circumstance of recidivism has to
be taken into account. However for the purpose
of fixing the additional penalty, recidivism cannot
be taken as an aggravating circumstance for the
reason that it is inherent in habitual delinquency.
Habitual delinquency and recidivism are NOT
crimes.
Additional penalty for habitual

delinquency
The total of the two penalties shall not exceed thirty
(30) years. The two penalties refer to:
1. The penalty for the last crime of which he is found
guilty; and
2. The additional penalty for being a habitual
delinquent.
Reason for the imposition of additional penalty:
dangerous propensity to commit crimes;
The imposition of an additional penalty is mandatory.
Habitual delinquency vs.

Recidivism
Habitual Delinquency
The crimes are specified;

The offender is found
guilty of any of the
crimes specified therein
within ten years from his
last release or last
conviction;
An additional penalty is
imposed
Recidivism
The crimes are embraced in

the same title of the Code;
No period of time between
the former conviction and
the last conviction is fixed
by law;
If not offset by a mitigating
circumstance, serves to
increase the penalty only to
the maximum
Special Aggravating
circumstances cannot be offset
by mitigating circumstances
Taking advantage of public position;
Organized/Syndicated Crime group;
Quasi Recidivism;
Under the influence of drugs (see:
R.A. No. 9165)
Article 63. Rules for the application of

indivisible penalties
In all cases in which the law prescribes a single
indivisible penalty, it shall be applied by the courts
regardless of any mitigating or aggravating
circumstances that may have attended the
commission of the deed.
In all cases in which the law prescribes a penalty
composed of two indivisible penalties, the following
rules shall be observed in the application thereof:
1. When in the commission of the deed there is
present only one aggravating circumstance, the
greater penalty shall be applied.

indivisible penalties
2. When there are neither mitigating nor aggravating
circumstances in the commission of the deed, the lesser
penalty shall be applied.
3. When the commission of the act is attended by some
mitigating circumstance and there is no aggravating
circumstance, the lesser penalty shall be applied.
4. When both mitigating and aggravating circumstances
attended the commission of the act, the courts shall
reasonably allow them to offset one another in
consideration of their number and importance, for the
purpose of applying the penalty in accordance with the
preceding rules, according to the result of such
compensation.

penalties which contain three periods
In cases in which the penalties prescribed by law contain three
periods, whether it be a single divisible penalty or composed of
three different penalties, each one of which forms a period in
accordance with the provisions of articles 76 and 77, the courts
shall observe for the application of the penalty the following rules,
according to whether there are or are no mitigating or aggravating
circumstances:
1. When there are neither aggravating nor mitigating
circumstances, they shall impose the penalty prescribed by law in
its medium period.
2. When only a mitigating circumstance is present in the
commission of the act, they shall impose the penalty in its
minimum period.
3. When only an aggravating circumstance is present in the
commission of the act, they shall impose the penalty in its
maximum period.

penalties which contain three periods
4. When both mitigating and aggravating circumstances are
present, the court shall reasonably offset those of one class
against the other according to their relative weight.
5. When there are two or more mitigating circumstances and
no aggravating circumstances are present, the court shall
impose the penalty next lower to that prescribed by law, in the
period that it may deem applicable, according to the number
and nature of such circumstances.
6. Whatever may be the number and nature of the aggravating
circumstances, the courts shall not impose a greater penalty
than that prescribed by law, in its maximum period.
7. Within the limits of each period, the courts shall determine
the extent of the penalty according to the number and nature
of the aggravating and mitigating circumstances and the
greater or lesser extent of the evil produced by the crime.
Article 64
Applies
only when the penalty has three (3)

periods (or penalties as periods)
Examples:
1. Penalty of reclusion temporal in homicide;
2. Penalty: prision correccional to reclusion
temporal;
Not applicable when the penalty is indivisible
or prescribed by special law or fine
Graduating Factors
Factors
No. of
degrees
Stage of Execution
Frustrated stage
Attempted Stage
Nature of participation
Accomplice
Accessory
Privileged mitigating circumstances

Minority
Incomplete justification
(Except: Accident)
1
or
exemption
Special mitigating circumstance (Art.

64 par.5)
1 or 2
1
Summation:
1 mitigating
minimum
No modifying
medium
1 aggravating
maximum
Multiple mitigating
1 degree lower
Multiple aggravating
maximum
After applying the off-set rule

1 or more mitigating
minimum
No remaining modifying
medium
1 or more remaining aggravating
maximum
Mitigating or Aggravating circumstances

not considered in the imposition of
penalty:
when the penalty is single and indivisible (Art. 63);
in felonies through negligence;
penalty to be imposed upon a Moro or other nonChristian inhabitants (Sec. 106 of Admin. Code of
Mindanao);
when the penalty is only a fine imposed by an
ordinance;
when the penalties are prescribed by special laws.
THE INDETERMINATE SENTENCE LAW

(Act 4103, as amended by Act No. 4225)
imposition
of indeterminate penalty is
mandatory; this penalty has minimum or
maximum term.
purpose:
to uplift and redeem valuable
human material, and prevent unnecessary
and excessive deprivation of personal
property and economic usefulness
the prisoner must serve the minimum penalty
before he is eligible for PAROLE under the
provisions of the ISL
ISL WILL NOT APPLY TO (SEC.2):

1. no retroactive application to those who are already
serving final judgment upon the approval of the law
(exception to Prospectivity);
2. habitual delinquent is a person who within a period of
10 years from the date of his last release or last conviction
of the crimes of serious or less serious physical injuries,
robbery, theft, estafa or falsification, is found guilty of any
said crimes a third time or oftener.
- a HB is a recidivist but a recidivist is not necessarily a HB
-Recidivists are entitled to an indeterminate sentence. (Pp
vs. Jaranilla, February 22, 1974)
3. fugitives from justice escaped from confinement or
evaded sentence (Exc. CICL who escaped from the custody
of a social welfare officer, under RA No. 9344);
4. violators of conditional pardon;
ISL WILL NOT APPLY TO (SEC.2):

5.
political prisoners and pirates (those convicted of
treason, conspiracy or proposal to commit treason,
misprision of treason, rebellion, sedition, espionage and
piracy);
6. not exceeding 1 year imprisonment;
= 1 year or less impose straight penalty
7. those sentenced with indivisible penalties.
= death penalty, life imprisonment and reclusion perpetua
8. those sentenced with destierro (benefits of the law are
expressly granted to those who are sentenced to
imprisonment exceeding one year)
9. Sec. 3 of RA 9346 persons convicted of offenses
punished with reclusion perpetua, or whose sentences will
be reduced to reclusion perpetua, by reason of this Act,
shall not be eligible for parole.
INDETERMINATE PENALTY
MAXIMUM PENALTY that fixed in accordance

with the rules for graduation of penalties, rules in
determining the proper imposable period of a
penalty, and the rule in determining the extent of
the imposed penalty (Articles 46, 48, 5o to 57, 61,
62 [except par. 5], 63, 64, 68, 69 and 71)
MINIMUM PENALTY the fixed or graduated
penalty has to be reduced by one degree without
taking into account the attendant modifying
circumstances.
Example
Accused committed homicide, punishable with reclusion

temporal. 2 mitigating circumstances were invoked.
Since there are 2 mitigating circumstances and no
aggravating circumstance, the penalty shall be lowered
by one degree pursuant to Art. 64 (5), which in this case
would be prision mayor. The penalty shall be imposed in
the medium period considering that no other modifying
circumstance attended the commission of the offense.
Minimum of the penalty shall be within the range of the
penalty next lower in degree which is prision
correccional;
Maximum of the penalty shall be within the range of the
medium period of prision mayor.
BAR Q 1995 No. 10
Homer was convicted of homicide. The trial court appreciated the

following modifying circumstances: the aggravating circumstance of
nocturnity and the mitigating circumstances of passion and
obfuscation, no intent to commit so grave a wrong, illiteracy and
voluntary surrender. The imposable penalty for homicide is reclusion
temporal. Determine the proper penalty.
Answer: - Article 64 (4) of the RPC should be applied
Offsetting of modifying circumstances = excess of 3 mitigating
circumstances
- indeterminate penalty: maximum 12 years and 1 day to 14 years
and 8 months of reclusion temporal minimum; minimum: penalty
next lower in degree -- prision mayor in its full extent ( 6 years and 1
day to 12 years)
- proper penalty: 6 years and 1 day as minimum to 12 years and 1
day to 14 years and 8 months of reclusion temporal minimum as
maximum
BAR Q 2009 No. XII (Part II)

In a conviction for homicide, the trial court appreciated 2
mitigating
circumstances
and
1
aggravating
circumstance. Determine the appropriate penalty to be
imposed.
Answer:
- Offsetting of modifying circumstances excess of 1
mitigating circumstance;
- Indeterminate penalty --- maximum penalty: 12 years
and 1 day to 14 years and 8 months of reclusion
temporal minimum; minimum penalty: full range of
prision mayor
BAR Q 1999 No. 8 see also BAR Q 1994

No. 11, BAR Q 1989 No. 8
Andres is charged with an offense defined by a special law.

The penalty prescribed for the offense is imprisonment of
not less than 5 years but not more than 10 years. Upon
arraignment, he entered a plea of guilty. In the imposition of
the proper penalty, should the ISL be applied? If you were
the judge, what penalty would you impose on Andres?
Answer: Yes. The indeterminate sentence is the maximum
of which shall not exceed the maximum fixed by law and
the minimum shall not be less than the minimum penalty
prescribed by the same. As a judge, I will have the
discretion to impose the penalty within the said minimum
and maximum.
BAR Q 1990 no. 12

Carlos
was charged and convicted of murder.

He was sentenced to life imprisonment and
to indemnify the offended party. He sought
reconsideration of the penalty on the ground
that he should be entitled to the benefits of
the ISL. Decide with reasons:
BAR Q 1989 No. 9

Jose is charged with bigamy. The RPC prescribes
the penalty of prision mayor for bigamy. The
information alleged 1 aggravating circumstance.
Upon arraignment, Jose pleaded guilty and invoked
2 mitigating circumstances.
Determine the
appropriate penalty (to constitute the maximum term
of the indeterminate sentence:
Answer:
Offsetting of modifying circumstances
excess : 1 mitigating
- proper penalty: prision mayor minimum period
BAR Q 1985 No. 2
a.
b.
Arthur, a 17 year old student and aggrieved by the

death of his only brother in a rally at the hands of the
police, fired at a motorcycle cop passing by their
place. He however missed his target and instead hit
Jason, a passerby who died instantly.
What charge should be filed against Arthur?
Upon arraignment, Arthur pleaded guilty and
invoked the additional mitigating circumstance of
voluntary surrender. Determine the appropriate
indeterminate penalty.
Answer:
A.
Direct Assault with Homicide (Complex
crime)
B. He is entitled to the lowering of the penalty by
1 degree.
There being 2 mitigating
circumstances, which are voluntary plea of guilty
and voluntary surrender, without any aggravating
circumstance, the penalty being divisible, is to
be lowered by 1 degree. The imposable penalty,
lowered by 2 degrees, will be the maximum of
the indeterminate sentence.
INDETERMINATE PENALTY
FOR AN OFFENSE
Section
1 of the ISL provides: The court shall

sentence the accused to an indeterminate
sentence, the maximum term of which shall
not exceed the maximum fixed by said law
and the minimum shall not be less than the
minimum term prescribed by the same.
Exception: if the special law provides one
specific penalty for an offense, the ISL is not
applicable
Distinguish Parole and Pardon
Parole
Pardon
Minimum
Service of the
sentence must be sentence is not
served
required for the
grant thereof
Benefit
granted Exercise of the
by law (ISLaw)
power of the
President under
the Constitution
oDEATH PENALTY
Single penalty
Apply
par. 1
Art.
63,
Compound penalty
(Ex: RP to death)
Apply
par. 2
Art.
63,
Complex penalty
(Ex: RT to death)
Apply Art. 64
Graduated penalty
Apply Art. 74
(Ex. Under Art. 310 in rel.
to 309)
Section 2 of R.A. No. 9346

In
lieu of the death penalty, the following shall

be imposed:
(a) The penalty of reclusion perpetua, when the
law violated makes use of the nomenclature
of the penalties of the RPC; or
(b) The penalty of life imprisonment, when the
law violated does not make use of the
nomenclature of the penalties of the RPC.
Article 65. Rule in cases in which the

penalty is not composed of three periods
Example: penalty is prision correcional in its
medium and maximum periods
Computation:
= duration: 2 years 4 months and 1 day to 6 years
=
5 years and 12 months (or 6 years)
2 years and 4 months
3 years and 8 months/3
=
1 year, 2 months & 20 days
Answer:
=
minimum of the minimum: 2 years 4 months and 1 day
= maximum of the minimum: 3 years 6 months and 20

days (2 years 4 months and 1 day + 1 year 2 months
and 20 days)
= minimum of the medium: 3 years 6 months and 21 days
= maximum of the medium: 4 years 9 months and 10 days
(3 years 6 months and 21 days + 1 year 2 months and
20 days)
= minimum of the maximum: 4 years 9 months and 11
days
= maximum of the maximum: 6 years (4 years 9 months
and 11 days + 1 year 2 months and 20 days)
Article 66. Imposition of fines.
Fixing
the amount of fine

1. wealth or means of the offender;
2. other factors gravity or seriousness, the
heinousness of its perpetration and the
magnitude of its effects on the victim
(presence of mitigating and aggravating
circumstances)
Ex. Fine of not less than P200

and not more than P2,000
Fixed penalty
Not less than P200 and

not more than P2,000
Penalty next lower Not less than P200 and

in degree
Penalty lower
two degrees
by Not less than P200 and

Penalty lower
three degrees
by Not less than P200 and

not more than P500
Article 67. Penalty to be imposed when not

all the requisites of exemption of the fourth
circumstance of article 12 are present
When all the conditions

required in circumstance
number 4 of article 12 of this
Code to exempt from
criminal liability are not
present, the penalty of
arresto
mayor
in
its
maximum period to prision
correccional in its minimum
period shall be imposed
upon the culprit if he shall
have been guilty of a grave
felony, and arresto mayor in
its minimum and medium
periods, if of a less grave
felony.
This
applies
only
when all the requisites
of
the
exempting
circumstance
of
accident
are
not
present;
Incomplete exempting
circumstance
of
accident under Article
12 (4) is not a privilege
mitigating
circumstance.
Accident
1.
2.
3.
4.
4 conditions of ACCIDENT:
The act causing the injury must be lawful, i.e.,
it is not a violation of any law or regulations;
The act was performed with due care;
The injury was caused by mere accident;
There is no fault or intention to cause injury.
Incomplete attendance of conditions for
exempting circumstance of accident will
render the offender liable for culpable
felonies.
Article 68. Penalty to be imposed upon a

person under eighteen years of age
When the offender is a minor under eighteen years and

his case is one coming under the provisions of the
paragraph next to the last of article 80 of this Code, the
following rules shall be observed:
1. Upon a person under fifteen but over nine years of
age, who is not exempted from liability by reason of the
court having declared that he acted with discernment, a
discretionary penalty shall be imposed, but always lower
by two degrees at least than that prescribed by law for
the crime which he committed.
2. Upon a person over fifteen and under eighteen years
of age the penalty next lower than that prescribed by law
shall be imposed, but always in the proper period.
Article 69. Penalty to be imposed when the

crime committed is not wholly excusable
A penalty lower by one or two degrees than that

prescribed by law shall be imposed if the deed is not
wholly excusable by reason of the lack of some of
the conditions required to justify the same or to
exempt from criminal liability in the several cases
mentioned in article 11 and 12, provided that the
majority of such conditions be present. The courts
shall impose the penalty in the period which may be
deemed proper, in view of the number and nature of
the conditions of exemption present or lacking.
Read Articles 67, 68 & 69

1. MINORITY
Child is 15 yrs or under
Child above 15 (15 and 1 day) but a. acted without discernment

below 18
Child above 15 (15 and 1 day) but
below 18
b.
acted with discernment
Privileged
mitigating
graduated to ONE DEGREE
LOWER
2. INCOMPLETE JUSTIFICATION Exception: incomplete exempting

OR EXEMPTION
circumstance of ACCIDENT
liable for culpable felonies
a. majority of the conditions present Privileged mitigating
b. not majority
Ordinary mitigating
c. 2 conditions only 1 condition Privileged mitigating

present
2 modes of service of multiple

penalties:
Simultaneously
- if the nature of
the penalties will so permit;
Successively if the nature of
the penalties will not permit
simultaneous service.
Scales of penalties
Article
25 based on the gravity of

the penalties;
Article 70 - based on the severity of
the penalties;
Article 71 graduated scales of
penalties for purposes of applying the
rules for graduation of penalties.
Article 70. Successive service

of sentences
When the culprit has to serve two or more penalties,
he shall serve them simultaneously if the nature of
the penalties will so permit; otherwise, the following
rules shall be observed:
In the imposition of the penalties, the order of their
respective severity shall be followed so that they
may be executed successively or as nearly as may
be possible, should a pardon have been granted as
to the penalty or penalties first imposed, or should
they have been served out.
Scale of penalties under Art. 70
For the purpose of applying the provisions of the next preceding

paragraph the respective severity of the penalties shall be determined in
accordance with the following scale:
1. Death,
4. Prision mayor,
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
9. Perpetual absolute disqualification,
10 Temporary absolute disqualification.
11. Suspension from public office, the right to vote and be voted for, the
right to follow a profession or calling, and
12. Public censure.
Art. 70
Notwithstanding the provisions of the rule next
preceding, the maximum duration of the convict's
sentence shall not be more than threefold the length
of time corresponding to the most severe of the
penalties imposed upon him. No other penalty to which
he may be liable shall be inflicted after the sum total of
those imposed equals the same maximum period.
Such maximum period shall in no case exceed forty
years.
In applying the provisions of this rule the duration of
perpetual penalties (penal perpetua) shall be computed
at thirty years. (As amended by Com. Act No. 217.)
SUCCESSIVE SERVICE
where the penalties to be served are destierro and

imprisonment latter penalty is a deprivation of liberty while
the former is just a restriction;
where the penalties to be served are imprisonment:
1. order of severity ;
2. total duration subject to the three-fold rule and 40-year
limitation rule
3. Three-fold rule the duration of the imprisonment in the
service of multiple penalties must not exceed three-fold the
length of time corresponding to the most severe of the
penalties imposed upon him.
4. Ancillary rules
5. Forty-year limitation rule
How is the penalty computed?

Get the most severe penalty meted as listed in Art. 70;
2.
Multiply the duration of the most severe penalty by 3;
3.
Add the duration of all the different sentences;
4.
Compare the results in 2 and 3;
5.
Accused to serve the lesser period unless it is in
excess of 40 years in which case, the culprit shall serve
only 40 years.
Note: when the most severe penalty is reclusion perpetua,
the imputed duration shall be 30 years, thus 30 x 3 is
90 years. The culprit shall serve not 90 but 40 years.
1.
If the penalties imposed are all equal,

how should the 3-fold rule operate?
Ex:
Accused was sentenced to suffer

7 reclusion perpetua. The period of
RP shall be considered as the most
severe penalty for the purpose of
applying the 3-fold rule. Thus, 3 x 30
= 90, but the accused is to serve a
maximum of 40 years only.
Q: Should the judge refrain from imposing the

correct penalties if these would exceed the
limitation of penalties under the 3-fold rule?
No. Article 70 deals with service of sentence and

not with imposition, hence, this article is for the
Director of Prisons to follow and not for the court.
The court should impose the correct penalties even
if these will amount to more than the lifetime of the
prisoner.
CASE:
Mejorada vs. Sandiganbayan (June 30,
1987) Article 70 is to be taken into account not in
the imposition of the penalty but in connection

with the service of the sentence imposed.
Imposition of
penalty
Service of
sentence
Determined by the
nature, gravity and
number of offenses
charged and proved
Determined by the
severity
and
character of the
penalty or penalties
imposed
The court does not

concern itself with
the possibility or
practicality of the
service
of
the
sentence
Article on service of
sentence is for the
Director of Prisons
to follow
Article 71. Graduated scales
SCALE NO. 1
1. Death,
4. Prision mayor,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure,
10. Fine.
SCALE NO. 2
1. Perpetual absolute
disqualification,
2. Temporary absolute
disqualification
3. Suspension from public
office, the right to vote
and be voted for, the right
to follow a profession or
calling,
4. Public censure,
5. Fine.
Pp vs. Alfredo Bon (GR No.

166401, October 30, 2006)
Held:
Death as utilized in Article 71 of

the RPC shall no longer form part of the
equation in the graduation of penalties.
Ex: Penalty for attempted qualified rape
- reckoned 2 degrees lower than
reclusion perpetua
Scales of penalties under the

RPC:
1. Article 25 scale of penalties according to
its gravity;
2. Article 70 scale of penalties in accordance
with its severity for purposes of applying the
rule for service of multiple sentences;
3. Article 71 graduated scale of penalties for
purposes of applying the rules for graduation
of penalties.
Article 72. Preference in the payment of the

civil liabilities. - The civil liabilities of a person
found guilty of two or more offenses shall be
satisfied by following the chronological order
of the dates of the final judgments rendered
against him, beginning with the first in order
of time.
Article 73. Presumption in regard to the imposition
of accessory penalties. - Whenever the courts shall
impose a penalty which, by provision of law, carries
with it other penalties, according to the provisions of
Articles 40, 41, 42, 43, 44, and 45 of this Code, it
must be understood that the accessory penalties are
also imposed upon the convict.
Article 74. Penalty higher than reclusion perpetua in certain

cases. - In cases in which the law prescribes a penalty
higher than another given penalty, without specifically
designating the name of the former, if such higher penalty
should be that of death, the same penalty and the accessory
penalties of article 40, shall be considered as the next higher
penalty.
Article 75. Increasing or reducing the penalty of fine

by one or more degrees. - Whenever it may be
necessary to increase or reduce the penalty of fine
by one or more degrees, it shall be increased or
reduced, respectively, for each degree, by onefourth of the maximum amount prescribed by law,
without, however, changing the minimum.
The same rules shall be observed with regard to
fines that do not consist of a fixed amount, but are
made proportional.
Article 75. Example
1.
2.
-
Penalty of fine is from P200 to P2,000

Take of the maximum that is P500;
For each degree, take P500 from the
maximum of the next higher degree.
1 degree lower: P200 as minimum to
P1,500 as maximum;
2 degrees lower: P200 as minimum to
P1,000 as maximum
Judgment becomes
final when:
a. after the lapse of
the period for
perfecting an appeal;
b. sentence has been
partially or totally
satisfied or served;
c. accused has
waived in writing his
right to appeal;
d. accused has
applied for probation.
Article 78. When and how a penalty is to

be executed. - No penalty shall be
executed except by virtue of a final
judgment.
A penalty shall not be executed in any
other form than that prescribed by law,
nor with any other circumstances or
incidents than those expressly authorized
thereby.
In addition to the provisions of the law, the
special regulations prescribed for the
government of the institutions in which the
penalties are to be suffered shall be
observed with regard to the character of
the work to be performed, the time of its
performance, and other incidents
connected therewith, the relations of the
convicts among themselves and other
persons, the relief which they may
receive, and their diet.
The regulations shall make provision for
the separation of the sexes in different
institutions, or at least into different
departments, and also for the correction
and reform of the convicts.
Article 79. Suspension of the execution and

service of the penalties in case of insanity
When a convict shall become insane or an imbecile after
final sentence has been pronounced, the execution of
said sentence shall be suspended only with regard to the
personal penalty, the provisions of the second paragraph
of circumstance number 1 of article 12 being observed in
the corresponding cases.
If at any time the convict shall recover his reason, his
sentence shall be executed, unless the penalty shall
have prescribed in accordance with the provisions of this
Code.
The respective provisions of this section shall also be
observed if the insanity or imbecility occurs while the
convict is serving his sentence.
Article 79. Suspension of the execution and

service of the penalties in case of insanity
EFFECTS OF INSANITY
At the time of the EXEMPTING
commission of the RPC)
crime
CIRCUMSTANCE
(Article
12
After the commission Suspension of the arraignment, upon motion

of the crime but before of the accused (Sec. 11 Rule 116 of the Rules
arraignment
of Criminal Procedure)
During trial
Suspension of proceedings
Test: whether the accused would have a fair
trial
After
finality
of Suspension of execution and service of
sentence or during the penalties (limited to the personal penalties
service thereof
only)
Article 80. Suspension of

sentence of minor delinquents
Repealed
by the provisions of Chapter 3 of

PD No. 603, as amended;
See also R.A. No. 9344 (Juvenile Justice and
Welfare Law;
PD No. 603, as amended, defines a
YOUTHFUL OFFENDER as one who is over
9 years but under 18 years of age at the time
of the commission of the offense
PD 603, as amended
Article 192.
Suspension of sentence of youthful
offender instead of pronouncing judgment, the court
shall suspend all further proceedings and shall commit
such minor to the custody or care of the DSWD, or to
any government training institution, duly licensed
agencies or any other responsible person, until he
shall have reached 21 years of age, or for a shorter
period as the court may deem proper;
Youthful offender should apply for a suspended
sentence;
If the child at the time of trial or conviction is no longer
a minor, he shall not entitled to a suspended sentence.
PD 603, as amended
1.
2.
1.
2.
1.
2.
3.
2 courses of action of the court when the YO is returned after

reaching the age of majority
To dismiss the case and order the final discharge of said
offender; or
To pronounce the judgment of conviction.
When the offender has reached 21, the court should dismiss
the case and discharge the offender if:
He has behaved properly and has shown his capability to be a
useful member of the community; and
The dismissal and discharge is recommended by the DSWD.
Return of the YO to the court for pronouncement of judgment:
Offender has been found incorrigible;
Willfully failed to comply with the conditions of the rehabilitation
program;
His continued stay in the training institution be inadvisable.
R.A. No. 9344 -- JUVENILE

JUSTICE AND WELFARE LAW
CHILD
IN CONFLICT WITH THE LAW

(CICL) refers to a child who alleged as,
accused as, or adjudged as, having
committed an offense under the Philippine
law.
-- called a YOUTHFUL OFFENDER under
Article 189 of PD No. 603
Child person under 18 years of age
R.A. No. 9344
SEC. 35. Release on Recognizance. - Where a

child is detained, the court shall order:
(a) the release of the minor on recognizance to
his/her parents and other suitable person;
(b) the release of the child in conflict with the law on
bail; or
(c) the transfer of the minor to a youth detention
home/youth rehabilitation center.
The court shall not order the detention of a child in a
jail pending trial or hearing of his/her case.
R.A. No. 9344
SEC. 38. Automatic Suspension of Sentence. - Once the child

who is under eighteen (18) years of age at the time of the
commission of the offense is found guilty of the offense charged,
the court shall determine and ascertain any civil liability which
may have resulted from the offense committed. However, instead
of pronouncing the judgment of conviction, the court shall place
the child in conflict with the law under suspended sentence,
without need of application: Provided, however, That suspension
of sentence shall still be applied even if the juvenile is already
eighteen years (18) of age or more at the time of the
pronouncement of his/her guilt.
Upon suspension of sentence and after considering the various
circumstances of the child, the court shall impose the appropriate
disposition measures as provided in the Supreme Court Rule on
Juveniles in Conflict with the Law.
R.A. No. 9344
SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the
recommendation of the social worker who has custody of the child, the court
shall dismiss the case against the child whose sentence has been
suspended and against whom disposition measures have been issued, and
shall order the final discharge of the child if it finds that the objective of the
disposition measures have been fulfilled.
The discharge of the child in conflict with the law shall not affect the civil
liability resulting from the commission of the offense, which shall be
enforced in accordance with law.
SEC. 40. Return of the Child in Conflict with the Law to Court. - If the
court finds that the objective of the disposition measures imposed upon the
child in conflict with the law have not been fulfilled, or if the child in conflict
with the law has willfully failed to comply with the conditions of his/her
disposition or rehabilitation program, the child in conflict with the law shall be
brought before the court for execution of judgment.
If said child in conflict with the law has reached eighteen (18) years of age
while under suspended sentence, the court shall determine whether to
discharge the child in accordance with this Act, to order execution of
sentence, or to extend the suspended sentence for a certain specified
period or until the child reaches the maximum age of twenty-one (21) years.
PD 603
RA No. 9344
Article 191 repealed by Sec.

35
(Release
on
Recognizance) Court shall
not order the detention of the
child in a jail pending trial or
hearing of his/her case.
Sec. 35 Child detained:

a.
release on recognizance
parents of the minor and other
suitable persons (discretionary;)
b. release on bail;
c. transfer of the minor to a
youth detention home/youth
rehab. Center
Article 192 repealed by Sec. Sec.

38
Automatic
38
Suspension
of
Sentence,
without need of application
Article 196 repealed by Sec. Sec. 39 Discharge of the
39
CICL final discharge if the
court finds that the object of the
disposition measures have
been fulfilled.
Article 197 repealed by Sec. Sec. 40 Return of the CICL
40
PD 603
RA No. 9344
Sentence of juvenile offender will not Automatic suspension of sentence,
be suspended without application for without need of application
suspension of sentence
If at the time the crime was
committed, accused was below 18
years but at the time of the trial or
conviction he was no longer a minor,
he is not entitled anymore to a
suspended sentence but offenders
minority shall be appreciated as
privileged mitigating
Suspension of sentence shall still

be applied even if the juvenile
delinquent is already 18 years or
more at the time of the
pronouncement of his guilt
Suspension of sentence cannot be No provision disqualifying child from

availed of by a YO who has once the benefit of the rule on
enjoyed suspension of sentence or suspension of sentence
to one who is convicted of an
offense punishable by death or life
imprisonment or to one who is
convicted for an offense by military
tribunals
Case: Rennie Declarador vs. Hon.

Salvador
S. Gubaton (G.R. No.
Held: (Read Article 192 of PD 603 and correlate with Section 32 of AM No. 021-18-SC and August
Section 38 of RA
No. 9344)
Thus, it is clear that a person who is
159208,
18,
2006)
convicted of an offense punishable by death, life imprisonment, or reclusion
perpetua is disqualified from availing the benefits of a suspended sentence.

Punishable is defined as deserving of, or capable, or liable for punishment;
liable to be punished; may be punished; liable to punishment. The term refers
to the possible, not to the actual sentence. It is concerned with the penalty
which may be, and not which is imposed. Xxx The law (Section 38 of RA No.
9344) merely amended Article 192 of PD No. 603, as amended by AM No. 02-118-SC, in that the suspension of sentence shall be enjoyed by the juvenile even
if he is already 18 years of age or more at the time of the pronouncement of
his/her guilt. The other disqualifications in Article 192 of PD No. 603, as
amended, and Section 32 of AM have not been deleted from Section 38 of RA
no. 9344. Evidently, the intention of Congress was to maintain the other
disqualifications as provided in Article 192 of PD 603, and amended and Section
32 of AM. Hence, juveniles who have been convicted of a crime the imposable
penalty for which is reclusion perpetua, life imprisonment or reclusion perpetua
to death or death, are disqualified from having their sentences suspended.
Read Articles 81 to 85 See

R.A. No. 9346
Article
86. Reclusion perpetua, reclusion

temporal, prision mayor, prision correccional
and arresto mayor. - The penalties of
reclusion perpetua, reclusion temporal,
prision mayor, prision correccional and
arresto mayor, shall be executed and served
in the places and penal establishments
provided by the Administrative Code in force
or which may be provided by law in the
future.
Destierro
entering the specified place would give rise to liability for
Evasion of Service of Sentence under Art. 157;
Nonetheless, a deprivation of liberty;
Penalty:
a. for concubine in concubinage (Art. 334);
b. additional penalty for the crime of threat when the
offender failed to give bond for good behavior (Art. 284);
c. when the imposable graduated penalty is destierro
(Art. 71);
d. death under exceptional circumstances (Art. 247).
CASE: Pp vs. Abarca (GR No. 74433, September 14,
1987): Destierro penalty is mere banishment and is
intended more for the protection of the accused than a
punishment.

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REVISED PENAL CODE BOOK I

CRIMINAL LAW that

Characteristics of Criminal Law

ARTICLE 2. Applicability of RPC provisions (Territoriality

EXCEPTIONS to Article 2 (can be enforced outside Phil. Jurisdiction)

Rules regarding jurisdiction: (if crime is

A. French Rule crimes committed aboard a

Crime shall be tried in the

Crime shall be tried under

Gen. Rule: Extraterritorial Gen. Rule:

(delitos) - acts and omissions

Classification of felonies according to the

a. Intentional felonies act is perfomed with

General criminal intent vs. Specific criminal intent

Its existence must be

Criminal intent necessary in felonies

IGNORANCE or MISTAKE OF FACT (no

applies only when the mistake is committed without fault or

Not inherently wrong

Crimes so serious in their

Violations of mere rules of

Criminal intent is required

Criminal intent is immaterial;

Generally refer to those acts Generally refer to those acts

CASE: Padilla vs. Dizon, 158

Judge Dizon was dismissed from the

Intent to commit the crime vs. Intent to perpetrate the act

Intent to perpetrate the act

Intent vs. Motive

Purpose to use a particular means The reason which impels a person to

Generally not an essential element of

ARTICLE 4. Criminal liability

PAR. 1. an accused is criminally liable for the

Rationale: El que es causa dela causa es causa

Cause that cause which in the

Causes which produce a

IN THE IDENTITY OF THE

PAR. 2. IMPOSSIBLE CRIME

PAR. 2. IMPOSSIBLE CRIME

Intod et.al. vs. C.A., G.R. No.

Consummated felonies as well as those which are frustrated

A felony is consummated when all the elements

1. there must be an overt act;

FRUSTRATED FELONY when the

Overt acts of All acts of All the acts of

FORMAL CRIMES vs. MATERIAL CRIMES

CRIMES consummated in one

Article 7. When light felonies

felonies are punishable only when they

Article 8. Conspiracy and

Conspiracy as the crime

Law specifically provides for

Examples of conspiracies punished:

a. allegation conspiracy must be alleged in the information

a. Express proven by direct evidence

Syndicated crime group

2 or more persons Exists when 2 or more

Article 9. Grave felonies, less grave

Grave felonies are those to which the law attaches

Article 11. Justifying Circumstances

Article 11. Justifying circumstances. - The following

Requisites of the 1st element:

1. UNLAWFUL AGRESSION ON THE PART OF THE PERSON