POWERMIND REVIEW CENTER

CRIMINAL LAW BOOK ONE (1)

CRIMINOLOGIST LICENSURE EXAMINATION REVIEW
Makamasa A. Gapit

CRIMINAL LAW- That branch of public law which defines crimes treats of their nature and provides for their punishment.

CIVIL LAW - The mass of precepts that regulate the relations between members of the society for the protection of private interest.

RPC BOOK I PARTS

(Articles 1-113)

Title 1 – Felonies and Circumstances which affect criminal liability;

Title 2 – Persons criminally liable for felonies;
Title 3 – Penalties;
Title 4 – Extinction of criminal liability;
Title 5 – Civil Liability.

CRIME - An act committed FELONY - An act or OFFENSE - Those INRACTION-

or omitted in violation of a omission punishable by punishable by Special Violations of city or
public law forbidding or the Revised Penal Code laws. An illegal act which municipal
commanding it does not amount to a ordinances.
crime as defined in the
Penal Code.

HEINOUS CRIMES - Those crimes which are grievous, odious and hateful offenses and which, by reason of their inherent or manifest
wickedness, viciousness, atrocity and perversity are repugnant and outrageous to the common standards and norms of decency and
morality in a just, civilized and ordered society (RA 7659).

SPECIAL PENAL LAWS MAY BE FOUND IN:

1. ACTS – 1901-1935
2. COMMONWEALTH ACTS (CA) – 1936-1946
3. REPUBLIC ACTS (RA) – 1947 UP TO NOW
4. BATAS PAMBANSA (BP) – 1978-1985
5. PRESIDENTIAL DECREES (PD) – 1972-1985

SOURCES OF CRIMINAL LAW

1. Act 3815 known as the Revised Penal Code;

2. Special Penal Laws passed by Congress;
3. Presidential Decrees issued by President Marcos;
4. Codigo Penal De Espana (Spanish Penal Code).

COMMON LAW CRIMES- The body of principles, usages and rules of actions which do not result from the express act of the legislature.
There is no such crime in the Philippines.

Q: Who has the power to define and punish crimes?

A: The State

NULLUM CRIMEN NULLA POENA SINE LEGE - There is no crime if there is no law punishing it.

CHARACTERISTICS OF CRIMINAL LAW

A. General - Criminal law is binding on all persons who live or sojourn in the Philippines.
GENERAL CHARACTERISTICS – Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in
the Philippines territory subject to principles of international law and treaty stipulation (Article 14, Civil Code).

EXCEPTIONS TO THE GENERAL CHARACTERISTICS

1. As provided by treaty stipulations- RP-US VFA Agreements

2. As provided by laws of preferential applications- RA 75 grants protection to diplomatic representatives, ambassador or
other public ministers of foreign countries including their domestic servants authorized and received by the President.
3. Persons who are exempt because of certain principles of international laws:

a. Sovereigns and other heads of states

b. Ambassadors, minister plenipotentiaries, minister residents and charges d’ affaires.

INVIOLABILITY OF DIPLOMATIC PREMISES, DEFINED – A rule stating that the premises of a foreign embassy are inviolable and
agents of the receiving state cannot enter them without the consent of the embassy.

B. TERRITORIALITY - Criminal laws are applicable only if the crime is committed within Philippine territory.

Q: What comprise the Philippine Territory?

ANSWER:
a. The Philippine archipelago with all the islands and waters embraced therein;
b. All other territories over which the Philippines has sovereignty or jurisdiction;

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 c. The terrestial, fluvial and aerial domain including the territorial sea, the seabed, the subsoil, the insular shelves, and
other submarine areas thereof; and
d. The internal waters.

TERRITORIAL SEA – Part of the sea which is 12 nautical miles from the baseline (U.N. Convention of the Law of the Seas) Within the
territorial sea, the state is free to set its own laws.
CONTIGUOUS ZONES – (12 nautical miles) State has the right to enforce laws on pollution, taxation, customs and immigration (1
nautical mile is about 6076 foot).

EXCLUSIVE ECONOMIC ZONE (ECC)- Exclusive right to exploit the natural resources (200 nautical miles).

CONTINENTAL SHELF – State has the right to harvest minerals and non living materials in its subsoil

EXCEPTIONS TO THE TERRITORIAL CHARACTERISTICS

1. When the offender shall commit an offense on a Philippine ship or airship.

2. When the offender should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued
by the Philippine government.
3. When the offender should be liable for the acts connected with the introduction into the Philippines of the obligations and
securities mentioned in number two.
4. When the offender who is a public officer or employee abroad shall commit an offense in the exercise of his functions.
5. When the offender should commit an offense against the national securities and the laws of nations.

C. PROSPECTIVITY - Criminal law cannot make an act punishable in a manner in which it was not punishable when committed.
See Art 366. (The law looks forward and not backwards)

EXCEPTION TO THE PROSPECTIVE CHARACTER

1. When the new law is favorable to the accused.

EXCEPTION TO THE EXCEPTION

1. When the offender is a habitual criminal.

2. When the new law expressly provides it has no application or retroactive effect to pending actions/cases.

3 RULES TO REMEMBER ABOUT PROSPECTIVITY

1. A penal law does not have a retroactive effect;

2. But if the penal law is favorable to the accused it may have a retroactive effect;
3. But even if the new law is favorable to the accused it cannot have a retroactive effect if the accused is a habitual delinquent.

CONSTRUCTION OF PENAL LAWS

1. Penal laws are strictly construed against the state and liberally in favor of the accused
2. If there is a conflict between the Spanish text and the English text, the Spanish text prevails.

PRO REO DOCTRINE - When there is doubt about the meaning or application or interpretation of a penal law and the doubt admits of
two interpretations, one which is not lenient to the offender and the other one is favorable to him, then the interpretation which is
favorable to the accused should be applied.

LIBERAL CONTRUCTION OF PENAL LAWS – Means that no person should be brought within its terms if he is not clearly made so by
statute and no act should be pronounced criminal which is not clearly made so.

RULE ON LENITY - The rule applies when the court is faced with two possible interpretations of a penal statute, one that is prejudicial to
the accused and another that is favorable to him. The rule calls for the adoption of an interpretation which is more lenient to the accused.

EFFECTS OF REPEAL OF A PENAL LAW

1. If the new law is favorable to the accused in the sense that the penalty becomes lighter, then the new law shall be applied.
Except when the accused is a habitual criminal.
2. But if the new law imposes a heavier penalty, the old law shall be applied, that is the law in forced at the time of the commission
of the offense shall be applied.

ACT 3815 - THE REVISED PENAL CODE.

RA 3815 ACT TO AMEND CERTAIN SECTIONS OF THE CHARTER OF THE CITY OF BAGUIO.

HISTORY OF THE RPC

 Spanish Penal Code 1870. It took effect on July 14, 1887 up to December 31, 1931.

 Administrative Order 94 of the DOJ dated October 18, 1927, created a Criminal Code Committee composed of Anacleto Diaz,
Quintin Paredes, Guilermo Guevarra, Alex Reyes and Mariano De Joya

 RPC approved December 8, 1930.

 RPC took effect January 1, 1932.

THEORIES IN CRIMINAL LAW

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 1. CLASSICAL (JURISTIC) THEORY- The basis of criminal liability is human free will and the purpose of penalty is retribution.
Man is a moral creature with an absolute free will to choose between good and evil.

a. The basis of criminal liability is human free will and the purpose of penalty is retribution;
b. Man is a moral creature with an absolute free will to choose between good and evil;
c. Here more stress is placed upon the result of the crime than the criminal;
d. There is scant regard for the human element

2. POSITIVIST (REALISTIC) THEORY - Man is subdued occasionally by a strange and morbid phenomenon which constrain him
to do wrong. Crime is a social and natural phenomenon; it cannot be treated therefore by the application of abstract principles
of law or by the imposition of punishment.

a. Crime is a social and natural phenomenon;

b. Crime cannot be treated therefore by the application of abstract principles of law or by the imposition of punishment.
c. The purpose of penalty is reformation of accused.;
d. Offender is regarded as a sick person who needs treatment.

3. ECLECTIC OR MIXED THEORY - Mixture of both classical and positivist schools. Crimes that are economic are treated
under the positivist theory. Crimes that are purely evil is treated under the classical school.

RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANT VESSEL WHILE WITHIN PHILIPPINE WATERS.

1. ENGLISH RULE - The crime is punishable in the Philippines, unless the crime merely affects things within the vessel.
2. FRENCH RULE- The crime is not triable in the courts of that country, unless their commission unless their commission has
effects on the safety of the coastal state.

LIMITATIONS ON THE POWERS OF CONGRESS TO MAKE PENAL LAWS

1. No Ex Post Facto Law shall be enacted.- Ex Post Facto Law is a law that makes criminal an act done before the passage of
the law and which was innocent when done, and punishes such an act; it may also be defined as a law which aggravates a
crime, or makes it greater than it was, when committed. It may also be defined as a law which aggravates a crime, or makes it
greater than it was, when committed.
2. No Bill of Attainder shall be passed. – A bill of attainder is a law which inflicts punishment without trial.
3. No person shall be deprived of life, liberty or property without due process of law- The law must be fair and reasonable
and the accused must be given the opportunity to be heard and be accorded the rights to which he is entitled.
4. Excessive fines shall not be imposed nor cruel or unusual punishment.

Article 1. Time when Act takes effect- JANUARY 1, 1932

Art. 3. Definitions. — Acts and omissions punishable by law are felonies (delitos).
Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).
There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from
imprudence, negligence, lack of foresight, or lack of skill.
ELEMENTS OF FELONIES IN GENERAL
1. An act or omission
2. Act or omission punishable by the RPC
3. Act is performed or omission is incurred by means of dolo or culpa.

ACT- Any bodily movement tending to produce some effects in the external world.
OMISSION- Inaction, the failure to perform an act one is bound to do.

DEVELOPMENT/GENESIS OF A CRIME:
1. INTERNAL ACT
2. EXTERNAL ACT
a. Preparatory acts
b. Acts of execution
1. attempted
2. frustrated
3. consummated

IMPRUDENCE VS. NEGLIGENCE

1. Imprudence involves lack of skill. Negligence involves lack of foresight
2. Imprudence involves a deficiency of action. Negligence indicates a deficiency of perception.
3. Failure to make precaution is imprudence. Failure to use diligence is negligence.

REQUISITES OF DOLO OR MALICE (INTENTIONAL FELONIES)

1. Freedom of action
2. Intelligence
3. Intent

2 KINDS OF CRIMINAL INTENT

1. GENERAL INTENT – It is presumed.
2. SPECIFIC INTENT – Must be proved because it is an element of a felony such as intent to kill in frustrated murder.

REQUISITES OF FAULT OR CULPA (CULPABLE FELONIES)

1. Freedom of action
2. Intelligence
3. Imprudent, negligent, or lack of foresight or lack of skill

Note: Both intentional felonies and culpable felonies are voluntary, but in intentional felony the act is malicious in culpable felony
the act is not malicious.

IGNORANTIA LEGIS NON EXCUSAT - Ignorance of the law excuses no one from compliance the compliance therewith.
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IGNORANTIA FACTI EXCUSAT - Ignorance of facts excuses.

MISTAKE OF FACT – A misapprehension of fact on the part of the person

who caused injury to another. He is not liable for absence of criminal intent.

REQUISITES OF MISTAKE OF FACT

1. The act would have been lawful had the facts been as the accused believed them to be.
2. The intention of the accused in performing the act should be lawful.
3. That the mistake must be without fault or carelessness on the part of the accused

ACTUS NON FACIT REUM NISI MENS SIT REA - The act itself does not make a man guilty unless his intention was so.
ACTUS ME INVITO FACTUS NONEST MEUS ACTUS - An act done by me against my will is not my act.

CRIMES MALA IN SE vs. CRIMES MALA PROHIBITA

MALA IN SE MALA PROHIBITA

1. Those so serious as to call for unanimous Violations of mere rules of convenience designed to
condemnation secure a more orderly regulation of society’s affairs
2. wrongful in nature 2. made wrongful only by statute
3. generally punished by the RPC 3. punished by special law
4. intent is necessary 4. intent not necessary

CRIMES MALA IN SE CRIMES MALA PROHIBITA

BY DEFINITION: 1. Those so serious in effects Violations of mere rules of
on society as to call for convenience designed to
unanimous condemnation of its secure a more orderly
members. regulation of the affairs of the
society.
BY NATURE 2. wrongful in nature since time 2. made wrongful only by
immemorial. statute. Only made wrongful
or illegal recently. An act
which is not inherently
immoral but becomes so
because its commission is
expressly forbidden by
positive law.
AS TO LAW THAT 3. Generally, mala in se 3. punished by special law
PUNISHES THE felonies are defined and
ACT penalized in the Revised Penal
Code.
AS TO MORAL 4. Generally involves moral 4. Generally do not involve
TURPITUDE turpitude moral turpitude
AS TO INTENT 5. intent is necessary 5. intent not necessary
BASIC 6. Robbery, murder, rape, 6. jaywalking, smoking in
EXAMPLES physical injuries etc public, voyeurism etc.

MOTIVE - The moving power which impels one to action for a definite result.

INTENT - The purpose to use a particular manes to effect such result. Motive is not an element of a crime and need not be proved.
Intent is an element and must be proved.

Note: The prosecution is not required to prove the motive of the accused in committing the crime in court. But in the following cases
motive must be proven:
1. When there is doubt whether the accused has committed the crime;
2. When the evidence against the accused is only circumstantial;
3. When the identity of the perpetrator is in doubt.
CRIMINAL LIABILITY - The obligation to serve the personal or imprisonment penalties but it also includes the liability to pay the fines or
pecuniary penalties.
Art. 4. Criminal liability. — Criminal liability shall be incurred:
1. By any person 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 an account of the employment of inadequate or ineffectual means.
Rationale of Par. 1- EL QUE ES CAUSA DE LA CAUSA ES CAUSA DEL MAL CAUSADO - He who is the cause of the cause is the
cause of the evil caused.

Article 4 (1) may refer to either:

a. ERROR IN PERSONAE - Mistake in identity of victim

b. ABERRATIO ICTUS - Mistake in blow
c. PRAETER INTENTIONEM Result done is greater than that originally intended.

LEGAL EFFECTS OF EACH CIRCUMSTANCE

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ABERATIO ICTUS MISTAKE IN THE BLOW EXAMPLE: A shot B May produce complex crime.
but hit C instead
ERROR IN PERSONAE MISTAKE IN IDENTITY EXAMPLE: A shot B May result to a lower penalty.
thinking it was V
PRAETER INTENTIONEM RESULT GREATER EXAMPLE: A pushed May have the effect of mitigating
THAN INTENDED B with no intent to kill, circumstance.
but B fell head first
killing the latter

REQUISITES OF ART. 4 (1)

1. An intentional Felony has been committed.

2. The wrong done to the victim be the direct, natural and logical consequence of the felony committed by the offender.
3. The felony done must be the proximate cause of the resulting injury .

PROXIMATE CAUSE - That cause which in the ordinary and continuous sequence, unbroken by any efficient intervening cause
produces the injury.

EFFICIENT INTERVENING CAUSE - Those that break the relation of cause and effect. The felony committed is not the proximate cause
of the resulting injury when:

1. There is an active force that intervened between the felony committed and the resulting injury;
2. The resulting injury is due to the intentional act of the accused.

IMPOSSIBLE CRIMES - Those crimes which would have been committed against person or property were it not for the inherent
impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. The purpose of the law in
punishing impossible crime is to suppress criminal propensities or tendencies. The penalty for impossible crime is arresto mayor or fine
of P200-500 (Article 59).

REASON FOR PUNISHING - The reason for punishing impossible crimes is that subjectively the offender is a criminal but objectively no
crime is committed.

REQUISITES OF IMPOSSIBLE CRIMES

1. The act performed would have been an offense against persons or property.
2. The act was done with evil intent
3. Its accomplishment is inherently impossible because it the means either inadequate or ineffectual
The act does not constitute another violation of the RPC. Art. 5. Duty of the court in connection with acts which should be
repressed but which are not covered by the law, and in cases of excessive penalties. — Whenever a court has knowledge of
any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall
report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act
should be made the subject of legislation.
In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be
deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code
would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury
caused by the offense.
Art. 6. Consummated, frustrated, and attempted felonies. — Consummated felonies as well as those which are frustrated and
attempted, are punishable.
A felony is CONSUMATED when all the elements necessary for its execution and accomplishment are present; and 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 (ED) when the offender commences the commission of a felony directly or over acts, and does not
perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own
spontaneous desistance.
STAGES IN THE EXECUTION OF A FELONY

1. CONSUMMATED - When all the elements necessary for its accomplishment and execution are present
2. 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.
3. ATTEMPTED - When the offender commences the commission of a felony directly by overt acts, and does not perform all the
acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous
desistance.

DEVELOPMENT OF A CRIME
1. Internal acts- these are the mere ideas in the mind of a person/not punishable.
2. External acts-
a. Preparatory act- ordinarily not punishable.
b. Acts of execution- they are the stages. Already punishable.

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  ATTEMPTED
 FRUSTRATED
 CONSUMMATED

ATTEMPTED FELONY REQUISITES

a. Offender commences the commission of a felony directly by overt acts

b. He does not perform all the acts of execution
c. He is not stopped by his own spontaneous desistance
d. The non performance of the all acts of execution was due to cause or accident other than his own spontaneous desistance.

When is a felony commenced by overt acts?

a. There must be external act;
b. The external act must have direct connection with the crime intended to be committed.

INDETERMINATE OFFENSE- It is one where the purpose of the offender in performing an act is not certain

OVERT ACT - Some physical activity or deed more than a mere planning or preparation, which if carried out to its complete termination
following its natural course. Without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will
logically and naturally ripen in a concrete offense.

SPONTANEOUS DESISTANCE - It refers to the act of would-be offender in not pursuing the performance of all the acts of execution.

RATIONAL FOR SPONTANEOUS DESISTANCE - A sort of reward to those who heed the call of conscience and return to the path of
righteousness. But the desistance should be made before all the acts of execution are performed.

FRUSTRATED FELONY REQUISITES

1. Offender performs all the acts of execution

2. Felony is not produced
3. By reason of cause independent of the will of the perpetrator

Q: How to determine whether a crime is attempted, frustrated or consummated?

A: See the following:

a. the elements present
b. the nature of the offense
c. the manner of the commission of the crime

FORMAL CRIMES vs. MATERIAL CRIMES

FORMAL CRIMES - Crimes consummated in one instant. There is only one stage and that is consummated stage. MATERIAL
CRIMES have three stages of execution, attempted, frustrated and consummated.
SUBJECTIVE PHASE is that portion of the acts constituting the crime, starting from the point where the offender begins the
commission of the crime to the point where he still has control over his act and their natural course. If the act is still in subjective phase,
the crime is attempted.If between these two points the offender is stopped by any cause outside of his own voluntary desistance, the
subjective phase has not been passed and it is an attempt. If he is not so stopped but continues until he performs the last act, it is
frustrated, provided the crime is not produced. This is the OBJECTIVE PHASE of the crime. If the act has passed the subjective phase,
the crime is either frustrated or consummated.
Art. 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.
SUMMARY OF ARTICLE 7
 Only consummated light felonies are punishable.
 Therefore attempted or frustrated light felonies are not punishable.
 However, if the light felony is a crime against persons or crime against property, then even attempted or frustrated light felony
will become punishable.

Art. 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.

GENERAL RULE: Conspiracy and Proposal to Commit a Felony are punishable only in the cases in which the law specifically provides
a penalty therefore, therefore they are not punishable in general.

CASES WHERE MERE CONSPIRACY IS ALREADY PUNISHABLE

1. Conspiracy to commit treason (Art.115);
2. Conspiracy to commit rebellion or insurrection (Art. 136);
3. Conspiracy to commit sedition (Art. 141);
4. Conspiracy in restraint of trade or commerce (Art. 186)
5. Conspiracy to commit terrorism under RA 9372
6. Conspiracy to commit arson under PD 1613.

CASES WHERE MERE PROPOSAL IS ALREADY PUNISHABLE

1. Proposal to commit treason (Art. 115);
2. Proposal to commit rebellion or insurrection (Art. 136)
3. Proposal to commit coup d’ etat

RULE IN CONSPIRACY - When there is conspiracy, the act of one is the act of all.

TWO KINDS OF CONSPIRACY

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 1. Conspiracy as a crime
2. Conspiracy as a manner of incurring criminal liability
Art. 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 Art. 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 Art..
Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 200
pesos or both; is provided.
PRINCIPAL PENALTIES - This is a penalty which must always be expressly stated by the court in a judgment of conviction. It usually
consists of imprisonment.

CAPITAL PUNISHMENT
Death

AFFLICTIVE PENALTIES
Reclusion Perpetua - 20 yrs.+1 day to 40 yrs.
Reclusion temporal- 12 yrs.+1 day-20 yrs
Perpetual or temporary absolute disqualification-6 yrs.+1 day to 12 yrs.
Perpetual or temporary special disqualification- 6 yrs.+1 day to 12 yrs.
Prision Mayor-6 yrs. + 1 day to 12 years

CORRECTIONAL PENALTIES
Prision correctional- 6 mos.+ 1 day to 6 yrs.
Arresto mayor-1 month + 1 day to 6 mos.
Suspension- 6 mos+1 day to 6 yrs.
Destierro- 6 mos. +1 day to 6 yrs.

LIGHT PENALTIES
Arresto menor – 1 to 30 days
Public Censure
ACCESSORY PENALTIES - A penalty which is impliedly imposed together with the principal penalty in a judgment of conviction. They
are not normally specifically stated by the court in a judgment of conviction.
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Suspension from public office, the right to vote and be voted for
Civil Interdiction
Indemnification
Forfeiture or confiscation of instrument sand proceeds of the offense
Payment of cost

DIVISIBLE PENALTIES - Those that have fixed duration and divisible into three periods, minimum, medium and maximum periods.
INDIVISIBLE PENALTIES - Those that have no fixed duration, and have no minimum, medium and maximum periods.

Art. 10. Offenses not subject to the provisions of this Code. — Offenses which are or in the future may be punishable under special
laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially
provide the contrary.

SPECIAL LAW - A law which defines and punishes act not found in the RPC, they are penal laws which are not amendments to the
Revised penal Code.

CIRCUMSTANCES AFFECTING ONES CRIMINAL LIABILITY

1. Justifying Circumstances
2. Exempting Circumstances
3. Mitigating Circumstances
4. Aggravating Circumstances
5. Alternative Circumstances

IMPUTABILITY - The quality by which a criminal act maybe pinpointed to another as its doer or author.
RESPONSIBILITY - The obligation of an offender in suffering the consequences of a crime.

JUSTIFYING CIRCUMSTANCES - Those where the act of a person is said to be in accordance with the law. As a consequence he is
freed from criminal and civil liability.

ENUMERATE THE JUSTIFYING CIRCUMSTANCES

1. Self defense
2. Defense of relatives
3. Defense of strangers
4. Avoidance of greater evil
5. Fulfillment of duty
6. Obedience to order of superior.

Long (Complete) Version Short Version

1. Anyone who acts in defense of his person or rights Self Defense

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2. Any one who acts in defense of the person or rights of his spouse, ascendants, Defense of Relatives
descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in
the same degrees and those consanguinity within the fourth civil degree, provided that the first
and second requisites prescribed in the next preceding circumstance are present, and the
further requisite, in case the revocation was given by the person attacked, that the one making
defense had no part therein.

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.

4. Any person who, in order to avoid an evil or injury, does not act which causes damage to Avoidance of Greater Evil
another, provided that the following requisites are present:
First: That the evil sought to be avoided actually exists;
Second: That the injury feared be greater than that done to avoid it;
Third: That there be no other practical and less harmful means of preventing it.

5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. Fulfillment of Duty

Obedience to order
6. Any person who acts in obedience to an order issued by a superior for some lawful
purpose.

Q: Who has the burden to prove self defense?

A: The defense (accused)

REQUISITES OF SELF DEFENSE

1. Unlawful aggression;
2. Reasonable necessity of the means employed to prevent or repel it;
3. Lack of sufficient provocation on the part of the person defending himself

UNLAWFUL AGGRESSION - Assault or at least threatened assault of an immediate and imminent kind.

RETREAT TO THE WALL DOCTRINE STAND GROUND WHEN IN THE RIGHT

1. An ancient common law rule in homicide which made it A rule which states that where the accused is where he has the right to be, the law does
the duty of a person assailed to retreat as far as he can not require him to retreat when his assailant is advancing upon him with a deadly
before he is justified in meeting force with force weapon.
2. No longer followed in the Philippines Currently the rule in the Philippines

TEST OF REASONABLENESS IN DETERMINING WHETHER THERE IS SELF DEFENSE.

1. Nature of the weapon used by the aggressor
2. Quality of his weapon
3. The physical conditions of both parties
4. Place of the aggression and others
PROVOCATION - Any unjust or improper conduct on the part of the offended party capable of inciting or irritating any one.

THINGS TO REMEMBER IN PROVOCATION

1. There must be no provocation made by the one claiming self defense;
2. Even if provocation was given, it must be sufficient provocation;
3. Even if the provocation was sufficient, but it was not given by the person claiming self-defense then there is self defense.

DOCTRINE OF SELF HELP - States that the owner or the lawful possessor of a thing has the right to exclude any person from the
enjoyment and disposal thereof. Thus he may use such force as may be reasonably necessary to repel or prevent an actual or
threatened unlawful physical invasion or usurpation of his property. (Art. 429 Civil Code)

DEFENSE OF RELATIVES REQUISITES

1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. In case the provocation was given by the person attacked, the one making the defense had no part therein.

 RELATIVES BY AFFINITY - are those created by marriage such as parents in law, sons and daughters in law.

 RELATIVES BY CONSANGUINITY - are relatives by nature or by blood relations. Siblings are within the 2 nd civil degree,
whereas uncle and niece or aunt and nephew are within the 3rd civil degree, first cousins are within the 4th civil degrees.

RELATIVES BY CONSANGUINITY THAT MAY BE DEFENDED

RELATIONSHIP BROTHERS/SISTERS UNCLE,AUNT, NIECE AND FIRST COUSINS

NEPHEW
DEGREE 2ND Degree 3RD Degree 4TH Degree

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.

DISTINGUISH BETWEEN SELF DEFENSE, DEFENSE OF RELATIVES AND DEFENSE OF STRANGERS

SELF DEFENSE DEFENSE OR RELATIVES DEFENSE OF STRANGERS

1. Unlawful aggression 1. Unlawful aggression 1. Unlawful aggression
2. Reasonable necessity of the means 2. Reasonable necessity of the means 2. Reasonable necessity of the means employed to prevent or repel it
employed to prevent or repel it employed to prevent or repel it

8
3. Lack of sufficient provocation on the 3. In case the provocation was given 3. The one defending is not induced by hatred revenge or other evil
part of the person defending himself by the person attacked the one motive.
making defense had no part therein

AVOIDANCE OF GREATER EVIL REQUISITES/STATE OF NECESSITY

1. That the evil sought to be avoided actually exists;
2. That the injury feared be greater than that done to avoid it;
3. That there be no other practical and less harmful means of preventing it

FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHT OR OFFICE

REQUISITES
1. The accused acted in the performance of duty or in the lawful exercise of a right or office.
2. The injury caused is the consequence of the due performance of duty or the lawful exercise of such right or office.

REQUISITES OF OBEDIENCE TO ORDER ISSUED BY A SUPERIOR

1. A lawful order has been issued by a superior;
2. The means used by the accused subordinate to carry out said order is lawful.

BATTERED WOMAN - A woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to do
something he wants her to do without concern for her rights. It includes wives or woman in any form of intimate relationship with a man.
The couple must go through the battering cycle at least twice (RA 9262).

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. Victim-survivors who are found by the courts to be suffering
from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for
justifying circumstances of self-defense under the Revised Penal Code (RA 9262 Sec. 26).

CYCLES OF VIOLENCE IN BATTERED WOMAN SYNDROME

a. Tension Building Stage- where minor battering occurs.

b. Acute Battering Incident- characterized by brutality, destructiveness and death.
c. Tranquil or loving phase- The batterer shows loving caring nurture to the victim.

JUSTIFYING CIRCUMSTANCES DISTINGUISHED FROM EXEMPTING CIRCUMSTANCES - In justifying circumstances there is no

criminal liability and there is also no civil liability on the part of the accused. In exempting circumstances there is also no criminal liability
but there is civil liability on the part of the accused. In justifying circumstances there is no crime committed and there is no criminal in
the eyes of the law, but in exempting circumstances there is a crime committed but there is no criminal.

EXEMPTING CIRCUMSTANCES - Those grounds for exemption from punishment because there is wanting/missing in the agent of the
crime any of the conditions which make the act voluntary or negligent.

ENUMERATE THE EXEMPTING CIRCUMSTANCES:

1. Imbecility; Insanity (unless the latter acted during a lucid interval)
2. A person under 9
3. A person over 9 and under 15 unless he has acted with discernment.
4. Accident
5. Uncontrollable fear
6. Lawful or insuperable cause.

Long (Complete) Version Short Version

1. An imbecile or an insane person, unless the latter has acted during a lucid Imbecility or Insanity
interval.
When the imbecile or an insane person has committed an act which the law
defines as a felony (delito), the court shall order his confinement in one of the
hospitals or asylums established for persons thus afflicted, which he shall not be
permitted to leave without first obtaining the permission of the same court.
2. A person under nine years of age. (Repealed by RA 9344) Minority/Seniority
3. A person over nine years of age and under fifteen, unless he has acted with Minority
discernment, in which case, such minor shall be proceeded against in accordance
with the provisions of Art. 80 of this Code. (Repealed by RA 9344)
4. Any person who, while performing a lawful act with due care, causes an injury Accident
by mere accident without fault or intention of causing it.
5. Any person who act under the compulsion of irresistible force. Irresistible Force
6. Any person who acts under the impulse of an uncontrollable fear of an equal or Uncontrollable Fear
greater injury.
7. Any person who fails to perform an act required by law, when prevented by Lawful or Insuperable Cause
some lawful insuperable cause.

IMBECILE - One who is old but has a mental development similar to children between the ages 2-7 years.
INSANITY - One which exists when there is a complete deprivation of intelligence in committing the criminal act, that is the accused is
deprived of reason and acts without the least discernment.

Q: who has the burden to prove insanity?

A: Defense (Accused)

DISCERNMENT - The mental capacity of a minor to distinguish between right from wrong and to fully appreciate the consequences of
his felonious acts. It may be shown by:
a. manner of committing the crime;
b. conduct of the offender
c. such other circumstances1

1
Such may include: offender’s attempt to silence the victim, or his hiding of the corpus delicti or disposal of the evidence, or his
utterances and or overt acts before, during and after the commission of the crime.
9
REPUBLIC ACT 9344- AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM (Juvenile
Justice and Welfare Act of 2006)

Child in Conflict with the Law- a child who is accused or adjudged of having committed an offense.
Initial contact with the child- refers to the apprehension of a child in conflict with the law by officers or private citizens.
Status Offense- offenses which discriminate only against a child while an adult does not suffer any penalty for committing similar acts.
Examples are: curfew violations, truancy, parental disobedience.

Section 6 RA 9344 says: A child 15 years of age or under at the time of the commission of the offense shall be exempt from criminal
liability.
A child above 15 years but below 18 shall likewise be exempt from criminal liability and be subjected to intervention program unless
he has acted with discernment.

Section 58 of the same law says: Persons below 18 years of age shall be exempt from prosecution for the crime of vagrancy and
prostitution, of mendicancy under PD 1563 and sniffing of rugby under PD 1619.
ACCIDENT, DEFINED - An accident is something that happens outside the sway of our will, and although it comes about through some
act of our will, lies beyond the bounds of humanly foreseeable consequences. If the consequences are plainly foreseeable, it will be a
case of negligence.

ACCIDENT REQUISITES
1. A person performs a lawful act;
2. With due care;
3. He causes an injury to another;
4. Without fault or intention of causing it.

IRRESISTIBLE FORCE - A force which produces such an effect upon an individual that, in spite of all resistance, it reduces him to a
mere instrument and as such incapable of committing a crime.
UNCONTROLLABLE FEAR - The exempting circumstance of uncontrollable fear presupposes that the accused is compelled by
means of threat or intimidation by a third person to commit a crime.
LAWFUL OR INSUPERABLE CAUSE - This refers to some motive which has lawfully, morally, or physically prevented one to do what
the law commands (as a result he is exempted from criminal liability).

ABSOLUTORY CAUSES - Those where the act of a person is technically a crime, but because of public policy, there is no penalty
imposed.
1. Art 247. Death or physical injuries under exceptional circumstances
2. Art. 280 (3) trespass
3. Art. 332. Persons exempt from criminal liability
4. Art. 20. Accessories exempted
5. Art. 6 on spontaneous desistance
6. INSTIGATION – One which takes place when a peace officer induces a person to commit a crime. Without the inducement,
the crime would not be committed. It exempts one from criminal liability.

PLUS PECCAT AUTHOR QUAM ACTOR - The originator or instigator of a crime is a worse offender than the actual perpetrator of it.

ENTRAPMENT vs. INSTIGATION

ENTRAPMENT INSTIGATION
1. Ways and means are resorted to for the purpose of Here, the police practically induces the accused into the
trapping and capturing the lawbreaker in the execution of commission of the offense and he himself becomes a co-
his plans principal
2. The intent to violate the law originated from the accused The intent to violate the law did not originate from the
himself accused as he was induced only by the police to perform a
criminal act
3. Not an absolutory cause hence does not exempt from An absolutory cause that exempts one from criminal liability
criminal liability

MITIGATING CIRCUMSTANCES - Those which if present in the commission of a crime, do not entirely free the actor from criminal
liability but reduces only the penalty.

ENUMERATE THE MITIGATING CIRCUMSTANCES

1. Incomplete justifying or exempting circumstance
2. Under 18
3. No intention to commit so grave a wrong (praeter intentionem)
4. Sufficient provocation or threat
5. Vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender/ voluntary confession of guilt
8. Deaf, dumb, blind and other physical defects
9. Illnesses which diminish will power
10. Analogous circumstances.

Long (Complete) Version Short Version

1. Those mentioned in the preceding chapter, when all the requisites necessary to Incomplete Justifying or Incomplete Exempting Circumstances
justify or to exempt from criminal liability in the respective cases are not attendant.
Minority (Under 18)
2. That the offender is under eighteen year of age or over seventy years. In the case
of the minor, he shall be proceeded against in accordance with the provisions of Art.
80. (Correlate with RA 9344)
Praeter Intentionem
3. That the offender had no intention to commit so grave a wrong as that committed.
Sufficient Provocation or Threat
4. That sufficient provocation or threat on the part of the offended party immediately
preceded the act.
Vindication
5. That the act was committed in the immediate vindication of a grave offense to the
one committing the felony (delito), his spouse, ascendants, or relatives by affinity

10
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.
Voluntary Surrender or Voluntary Confession of Guilt
7. That the offender had voluntarily surrendered himself to a person in authority or
his agents, or that he had voluntarily confessed his guilt before the court prior to the
presentation of the evidence for the prosecution.
Physical Handicapped or Defects
8. That the offender is deaf and dumb, blind or otherwise suffering some physical
defect which thus restricts his means of action, defense, or communications with his
fellow beings.
Other Illnesses
9. Such illness of the offender as would diminish the exercise of the will-power of the
offender without however depriving him of the consciousness of his acts.
Analogous Circumstances
10. And, finally, any other circumstances of a similar nature and analogous to those
above mentioned.

ORDINARY MITIGATING CIRCUMSTANCES vs. PRIVILEGED MITIGATING CIRCUMSTANCES - Ordinary Mitigating has the effect
of decreasing the imposable penalty only in its minimum period. Privileged Mitigating – has the effect of decreasing the penalty by
degrees. Ordinary mitigating circumstance can be offset by aggravating circumstances. Privileged mitigating circumstances cannot be
offset by aggravating circumstances.
NO INTENTION TO COMMIT SO GRAVE A WRONG AS THAT COMMITTED - This mitigating circumstance is invocable only in
felonies resulting in some physical harm like physical injuries, homicide etc.

Q: How to determine the lack of grave intention to commit the offense?

A: Consider the following:
a. the weapon used
b. nature of the injury
c. part of the body targeted

SUFFICIENT PROVOCATION OR THREAT IMMEDIATELY PRECEDED THE ACT - Between the provocation by the offended party
and the commission of the crime by the person provoked, there should not be any interval of time. R eason: the law says, “the
provocation, immediately preceded the act”.

PROVOCATION vs. IMMEDIATE VINDICATION

PROVOCATION VINDICATION
1. Provocation is made only to the person In vindication, the grave offense may be committed against the spouse, the
committing the felony ascendants, descendants, brothers or sisters or relatives by affinity within the
same degree of the offender.
2. In provocation the provocation need not be grave In vindication, the offended party must have done a grave offense to the
offender or his relatives
3. In provocation, the provocation or threat must 3. In vindication, the vindication of the grave offense may be proximate,
immediately preceded the act which admits of interval of time between the commission of the grave offense
and the commission of the crime by the accused.

PASSION - (Arrebato) It is a compelling, intense feeling, or emotion which prevailed upon a person to commit a crime. PASSIONAL
OBFUSCATION – There is passional obfuscation when the crime was committed due to an uncontrollable burst of passion provoked by
prior unjust or improper acts, or due to a legitimate stimulus so powerful as to overcome reason.
OBFUSCATION - (Obsecacion) Obfuscation is the darkening of the mind which produces a state of blind and uncontrollable fury as a
reaction for an immediate or recent affront that the aggressor receives, which must originate from legitimate feelings

PASSION OR OBFUSCATION REQUISITES:

1. There is an act unlawful and sufficient to produce passion or obfuscation;
2. The act which produced such emotion must not be far removed from the commission of the crime, during which the
accused might recover his normal equanimity

VOLUNTARY SURRENDER - A surrender is voluntary when it is spontaneous in such a manner that it shows the interest of the
accused to surrender voluntarily to the authorities either because he acknowledges his guilt or wishes to save the authorities the
expenses incurred in his search. Voluntary surrender must be made to a person in authority or his agents.
PERSON IN AUTHORITY - any person directly vested with jurisdiction, whether as an individual or as a member of some court or
governmental corporation, board, or commission, shall be deemed a person in authority. A barrio captain and a barangay chairman
shall also be deemed a person in authority. Teachers and Lawyers are also included.
AGENT OF A PERSON IN AUTHORITY - A person who, by direct provision of law or by election or by appointment by competent
authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barrio
councilman, barrio policeman and barangay leader and any person who comes to the aid of persons in authority, shall be deemed an
agent of a person in authority.

REQUISITES OF VOLUNTARY SURRENDER AS MITIGATING

1. Offender had not been arrested;
2. He surrendered to a person in authority or agent of a person in authority;
3. Surrender was voluntary;
4. There is no pending warrant of arrest is information filed.
VOLUNTARY CONFESSION OF GUILT/PLEA OF GUILTY REQUISITES
1. It must be made in open court
2. It must be made prior to the presentation of evidence of the prosecution

DEAF, DUMB, BLIND AND OTHER PHYSICAL DEFECTS

ILLNESS AS WOULD DIMINISH THE EXERCISE OF THE WILL POWER
OTHER ANALOGOUS CASES

AGGRAVATING CIRCUMSTANCES - Those which if attendant in the commission of the offense, would serve to increase the penalty.

ENUMERATION OF AGGRAVATING CRCUMSTANCES:

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 1. Advantage of public position
2. In contempt or with insult to public authorities
3. Disrespect on the rank, age or sex of the offended party; the crime is committed in the dwelling of offended party
4. Abuse of confidence or obvious ungratefulness
5. Palace of the Chief Executive, or in his presence, or place where authorities discharge their duties, or place of religious
worship
6. Nightime, uninhabited place, band
7. On occasion of conflagration, shipwreck etc.
8. Aid of armed men
9. Recidivist
10. Reiteration
11. Price, reward or promise
12. Inundation, fire, poison, etc
13. Evident Premiditation
14. Craft, fraud or Disguise
15. Superior strength or means to weaken defense
16 Treachery
17. Ignominy
18. Unlawful entry
19. Wall, roof, floor be broken
20. Aid of persons under 15, motor vehicle
21. Cruelty

Long (Complete) Version Short Version

1. That advantage be taken by the offender of his public position.. Taking advantage of public position
In contempt or insult of authorities
2. That the crime be committed in contempt or with insult to the public authorities.
Disregard of rank, age or sex
3. That the act be committed with insult or in disregard of the respect due the
offended party on account of his rank, age, or sex, or that is be committed in the
dwelling of the offended party, if the latter has not given provocation.
Abuse of confidence or obvious ungratefulness
4. That the act be committed with abuse of confidence or obvious ungratefulness.
In presence of President, or place dedicated to religious
5. That the crime be committed in the palace of the Chief Executive or in his
worship, or place where authorities do their duties
presence, or where public authorities are engaged in the discharge of their duties,
or in a place dedicated to religious worship.
Nightime, uninhabited place, band
6. That the crime be committed in the night time, or in an uninhabited place, or by
a band, whenever such circumstances may facilitate the commission of the
offense.
Calamity or misfortune
7. That the crime be committed on the occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity or misfortune.
Aid of armed men
8. That the crime be committed with the aid of armed men or persons who insure
or afford impunity.
9. That the accused is a recidivist. Recidivism
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.
Reiteracion or habituality
10. That the offender has been previously punished by 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.
Price reward or promise
11. That the crime be committed in consideration of a price, reward, or promise.
Inundation, fire, poison etc.
12. That the crime be committed by means of inundation, fire, poison, explosion,
stranding of a vessel or international damage thereto, derailment of a locomotive,
or by the use of any other artifice involving great waste and ruin.
Evident premeditation
13. That the act be committed with evident premeditation.
Craft, fraud or disguise
14. That the craft, fraud or disguise be employed.
Advantage of superior strength or means to weaken the
15. That advantage be taken of superior strength, or means be employed to
defense
weaken the defense.
16. That the act be committed with treachery (alevosia). Treachery
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.
Ignominy
17. That means be employed or circumstances brought about which add ignominy
to the natural effects of the act.
Unlawful entry
18. That the crime be committed after an unlawful entry. There is an unlawful
entry when an entrance of a crime a wall, roof, floor, door, or window be broken
19. That as a means to the commission of the crime a wall, roof, floor, door, or Broken wall, roof, floor etc.
window be broken.
Aid or persons under 15 years old or use of motor vehicle
20. That the crime be committed with the aid of persons under fifteen years of age
or by means of motor vehicles, motorized watercraft, airships, or other similar
means.
Cruelty
21. That the wrong done in the commission of the crime be deliberately
augmented by causing other wrong not necessary for its commissions.

ADVANTAGE OF PUBLIC POSITION - An aggravating circumstance that has the effect of imposing the penalty for the crime
committed in its maximum period regardless of mitigating circumstance. In order that this aggravating circumstance to exist it is
necessary that the person committing the crime be a public official and that he use the influence, prestige or ascendency which such
office gives him as the means by which he realizes his purpose. The essence of the matter is presented in the inquiry, "Did the
accused abuse his office in order to commit the crime?"

12
INSULT OR DISRESPECT OF THE RANK, AGE OR SEX - This aggravating circumstance is applicable only in crimes against honor
or persons
CRIME COMMITTED IN THE DWELLING OF THE OFFENDED PARTY – A person who commits a crime in the house of the victim
shows greater perversity than another who commits a crime elsewhere.

DWELLING IS NOT AGGRAVATING IN THE FOLLOWING:

1. If the offended party has given provocation;
2. Both the offender and victim are occupants of the same house;
3. In robbery with force upon things since it is inherent.

ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS - An aggravating circumstance which is present where there “exists a
relation of trust or confidence between the person committing the crime and the one against whom it is committed and that the former
make use of such relation to commit the crime”. For example, where one commits a robbery in a house in which, as a friend of the
owner, he is at the time a guest.

PALACE OF THE PRESIDENT, OR IN HIS PRESENCE, OR PLACES WHERE PUBLIC AUTHORITIES ARE ENGAGED IN DUTIES,
OR PLACE OF RELIGIOUS WORSHIP.

NIGHTIME - That period of darkness beginning at end of dusk and ending at dawn.
 Not aggravating if crime commenced in daytime
 If the locus criminis is lighted no aggravating of nighttime

UNINHABITED PLACE - One where there are no houses or where the houses are scattered at a great distance from each other

BAND - 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.

Q: When is nightime, uninhabited place and band aggravating?

A: 1. When the offender took advantage thereof for the purpose of impunity
2. When specially sought for by the offender to insure the commission of the crime
3. When it facilitated the commission of the crime.

ON THE OCCASION OF CONFLAGRATION, SHIPWECK, EARTHQUAKE OTHER CALAMITY OR MISFORTUNE, REASON FOR
BEING AGGRAVATING - The offender who in the midst of a great calamity, instead of lending aid to the afflicted, adds to their
sufferings by taking advantage of thier misfortune to despoil them.

AID OF ARMED MEN/AID OF PERSONS WHO INSURE OR AFFORD IMPUNITY - Aid of armed men or persons affording immunity
requires that the armed men are accomplices who take part in minor capacity, directly or indirectly.

RECIDIVIST- 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 the Revised Penal Code.

REITERACION OR HABITUALITY MEANS: THE OFFENDER HAS BEEEN PREVIUOSLY PUNISHED FOR:

1. An offense to which the law attaches an equal or greater penalty or

2. For two or more crimes to which it attaches a lighter penalty.

RECIDIVIST REITERACION/HABITUALITY HABITUAL QUASI RECIDIVIST/MULTI

(OFFENDERS) DELINQUENTS RECIDIVIST
One who at the time of his A person shall be Within ten years the A person after having been
trial for one crime, shall deemed a habitual accused is convicted of convicted shall commit
have been previously delinquent if within a robo, hurto, estafa, another felony while serving
convicted by final judgment period of ten years from falsification, physical injury his sentence or before
of another crime embraced the date of his release or for the third time. beginning to serve his
in the same title of the last conviction of the sentence
Revised Penal Code. 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.

EVIDENT PREMEDITATION- It involves a determination to commit the crime prior to the moment of its execution and also to carry out
the criminal intent which must be the result of deliberate, calculated and reflective thoughts through a period of time sufficient to
dispassionately consider and accept the consequences thereof, thus indicating greater perversity.

Q: What is the essence of evident premeditation?

A: The essence of evident premeditation is that the execution of the criminal act must be preceded by cool thought and reflection
upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a calm judgment.

Q: What are the requisites of evident premeditation?

A: 1. The time when the offender determined to commit the crime;

2. An act manifestly indicating that the culprit has clung to his determination;
3. A sufficient lapse of time between the determination and execution, to
allow him to reflect upon the consequences of his act and to allow his
conscience to overcome the resolution of his will.

 The latest ruling is that premeditation is not aggravating when the victim is different from that intended.

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CRAFT - A circumstance characterized by trickery or cunning resorted to by the accused, to carry out his design. It is the use of
intellectual trickery and cunning on the part of the accused.
FRAUD - Insidious words or machinations used to induce the victim to act in a manner which would enable the offender to carry out his
design.
DISGUISE - Involves the deliberate effort of the accused to conceal his identity in the commission of the crime.

USE OF SUPERIOR STRENGHT – It is present whenever there is a notorious inequality of forces between the victim and the
aggressor, assessing a superiority of strength notoriously advantageous for the aggressor which the latter selected or took advantage
of in the commission of the crime. Abuse of superior strength is present when the accused purposely used excessive force out of
proportion to the means of defense available to the person attacked. There is abuse of superior strength when the offenders took
advantage of their combined strength in order to consummate the offense.

TREACHERY - 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.

REQUISITES OF TREACHERY
1. The employment of means of execution that gives the person attacked no opportunity to defend himself or retaliate;
2. The deliberate and conscious adoption of the means employed.

ESSENCE OF TREACHERY - The essence of treachery is the sudden and unexpected attack by the aggressor on the unsuspecting
victim, depriving the latter of any real chance to defend himself, thereby ensuring its commission without risk to the aggressor and
without the slightest provocation on the part of the victim. It can exist even if the attack is frontal, if it is sudden and unexpected, giving
the victim no opportunity to defend himself against such attack. In essence, it means that the offended party was not given an
opportunity to make a defense.
IGNOMINY- is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the
crime. It is a circumstance that tends to make the effects of the crime more humiliating, thus adding to the victim’s moral sufferings. It
is a circumstance that tends to make the effects of the crime more humiliating, thus adding to the victim’s moral sufferings.
UNLAWFUL ENTRY- There is unlawful entry when an entrance is affected by a way not intended for the purpose.
CRUELTY- A circumstance whereby the offender enjoys and delights in making his victim suffer slowly and gradually, causing him
unnecessary physical pain in the consummation of his criminal act.

SPECIAL AGGRAVATING CIRCUMSTANCES

 Under RA 8294, 6 July 1997, the use of unlicensed firearm merely becomes an aggravating circumstance if murder or
homicide was committed with the use thereof. But if the unlicensed firearm is used in the commission of any crime, there can
be no separate offense of illegal possession of firearm.
 Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender under the Influence of Dangerous Drugs.
– A positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime
by an offender, and the application of the penalty provided for in the Revised Penal Code shall be applicable (RA 9165 Sec.
25)
 When in the commission of a crime advantage was taken by the offender of his public position, the maximum penalty shall be
imposed regardless of mitigating circumstances (Art. 62, RPC).
 An organized or syndicated group means a group of two or more persons collaborating, confederating, or mutually helping
one another for the purpose of gain in the commission of a crime. The maximum penalty shall be imposed if the offense was
committed by any person who belongs to an organized/syndicated group (Article 62, RPC)

FOUR KINDS OF AGGRAVATING CIRCUMSTANCE

1. Generic - Generally applies to all crimes.

2. Inherent - That must necessarily accompany the commission of a crime
3. Qualifying - That which changes the nature of the crime
4. Specific - Those that apply only to a particular crime.

ALTERNATIVE CIRCUMSTANCES

Art. 15. Their concept. — Alternative circumstances are 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. They are the relationship,
intoxication and the degree of instruction and education of the offender.
The alternative circumstance of relationship shall be taken into consideration when the offended party in the spouse, ascendant,
descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender.
The intoxication of the offender shall be taken into consideration as a mitigating circumstance when the offender has committed a
felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony but when the intoxication is
habitual or intentional, it shall be considered as an aggravating circumstance.
ALTERNATIVE CIRCUMSTANCE - 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.
Q: What are the three alternative circumstances?
A: 1. Relationship
2. Intoxication
3. Degree of instruction and education of the offender.

The alternative circumstance of relationship shall be taken into consideration when the offended party is:
1. The spouse;
2. Ascendant;
3. Descendant;
4. legitimate, natural, or adopted brother or sister, or

14
 5. Relatives by affinity in the same degrees of the offender.
6. Stepfather/stepmother;
7. Stepson/stepdaughter;
8. Adopted parent and adopted child.

NOTE: Uncles and nieces not included in the alternative circumstance of relationship.

RULES ON RELATIONSHIP
1. Relationship may be mitigating in crimes against property;
2. Relationship is aggravating in crimes against persons if the victim is a relative of higher degree or of the same level of the
accused;
3. In murder or homicide relationship is aggravating;
4. In crimes against chastity, relationship is aggravating

INTOXICATION, WHEN AGGRAVATING - Intoxication is aggravating when the intoxication is habitual or intentional.
INTOXICATION, WHEN MITIGATING – It is mitigating when not habitual or not subsequent to the plan to commit the crime. A
person pleading intoxication to mitigate penalty must present proof of having taken a quantity of alcoholic beverage prior to the
commission of the crime, sufficient to produce the effect of obfuscating reason. At the same time, that person must show proof of not
being a habitual drinker and not taking the alcoholic drink with the intention to reinforce his resolve to commit the crime.

PERSONS CRIMINALLY LIABLE FOR FELONIES

Art. 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.

Art. 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 or induce others to commit it;
3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.

THREE CLASSIFICATIONS OF PRINCIPALS

1. Those who take a direct part in the execution of the act. (PRINCIPAL BY DIRECT PARTICIPATION)
2. Those who directly forced or induced others to commit it. (PRINCIPAL BY INDUCEMENT OR INDUCTION
3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished
(PRINCIPAL BY INDISPENSABLE COOPERATION)

Art. 18. Accomplices. — Accomplices are those persons who, not being included in Art. 17, cooperate in the execution of the offense
by previous or simultaneous acts.
WHO/WHAT IS AN ACCOMPLICE - Those persons who not being principals, cooperate in the execution of an offense by previous or
simultaneous acts.

REQUIREMENT BEFORE ONE MAY BE CONSIDERED AN ACCOMPLICE - That there be community of design; that is, knowing the
criminal design of the principal by direct participation, he concurs with the latter in his purpose; That he cooperates in the execution of
the offense by previous or simultaneous acts, with the intention of supplying material or moral aid in the execution of the crime an
efficacious way.

Art. 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. (FOR PUBLIC OFFICIALS ONLY ) By harboring, concealing, or assisting in the escape of the principals of the crime,
provided the accessory acts with abuse of his public functions
OR
(FOR PRIVATE PERSONS ALSO) 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.

Art. 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.

WHO ARE THE ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILTY - The spouse, ascendants, descendants, brothers
and sisters or relatives by affinity within the same degree. (Note: Except paragraph one of Article 19, RPC)

PD 1829 Obstruction of Justice - harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground
to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction.

PENALTY - The suffering inflicted by the State for the transgression of the law.

UTILATARIAN/PROTECTIVE THEORY - According to this theory, the primary function of punishment is the protection of society
against actual and potential wrongdoers.
JURIDICAL CONDITIONS OF PENALTY
1. Must be commensurate with the offense - different crimes have different penalties under the law.
2. Must be personal - A person should be held accountable for his own actions. No person should be punished for the crime of
another
15
 3. Certain - No person must escape the penalty.
4. Legal - The penalty must be in accordance with the law

JUSTIFICATION FOR THE IMPOSITION OF PENALTY

1. Exemplarity - to serve as an example to others and deter them from emulating the criminal.
2. Justice - Criminal is punished as an act of retributive justice.
3. Prevention - To suppress or prevent the danger to the State of the acts of the criminal.
4. Reformation - Under the modern concept of correction the criminal is punished in order to rehabilitate or reform him.
5. Self Defense - To protect the society against the threats and actions of the criminals.

LIFE IMPRISONMENT vs. RECLUSION PERPETUA

LIFE IMPRISONMENT RECLUSION PERPETUA

1. does not have specific duration Has duration of 30 years after which convict becomes
pardonable but the maximum period shall not exceed 40
years.
2. imposed for violations of special laws Imposed for violations of felonies punishable under the
Revised Penal Code
3. does not have accessory penalties Has accessory penalties

Q: When is fine afflictive, correctional or light in character?

A: 1. It is afflictive if it exceeds P6000.
2. It is correctional if it does not exceed P6000 but is not less than P200
3. It is light if it is less than P200.

Q: Explain the concept of preventive imprisonment.

A: Offenders or accused who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of
deprivation of liberty, with the full time during which they have undergone preventive imprisonment if the detention prisoner agrees
voluntarily in writing after being informed of the effects thereof and with the assistance of counsel to abide by the same disciplinary
rules imposed upon convicted prisoners, except in the following cases:
1. When they are recidivists, or have been convicted previously twice or more times of any crime; and
2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily (Article 29, s amended by
RA 10592).

Note: An accused undergoes preventive imprisonment when the offense charged is non bailable or even if bailable he cannot furnish
the required bail. Now if an accused does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall
be credited in the service of his sentence with 4/5 of the time during which he has undergone preventive imprisonment.

Q: What is civil interdiction?

A: It is an accessory penalty which has the effects of depriving 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.

Q: What is bond to keep the peace?

A: It is an accessory penalty which has the effect of requiring the person sentenced to it to present two sureties who shall undertake
that such person will not commit the offense sought to be prevented, and in case such offense be committed they will pay the amount
determined by the court in its judgment, or otherwise to deposit such amount in the office of the clerk of court to guarantee said
undertaking. If the person sentenced fail to give the bond as required he shall be detained for a period not exceeding six months if he
shall have been prosecuted for grave or less grave felony, and shall not exceed thirty days, if for a light felony.

PARDON - An act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom
it is bestowed from the punishment the law inflicts for the crime he has committed. A pardon may either be a conditional or absolute.

EFFECTS OF PARDON BY THE PRESIDENT

1. A pardon shall not work the restoration of the right to hold public office.
2. Pardon does not restore the right of suffrage, unless such rights be expressly restored by the terms of the pardon.
3. It does not exempt the culprit from the payment of the civil liability.
4. It exempts the convicted accused from criminal liability.

LIMITATIONS ON THE PARDONING POWER OF THE PRESIDENT

1. Pardon can be exercised only after conviction;
2. This power cannot be extended to cases of impeachment
3. No pardon involving violations of elections laws, shall be granted without the favorable recommendation of the Comelec.

PARDON OF THE PRESIDENT vs. PARDON BY THE PRIVATE OFFENDED PARTY

PARDON OF THE PRESIDENT PARDON OF THE OFFENDED PARTY

1. Extinguishes the criminal liability of the offender It does not extinguish the criminal liability of the offender
2. It does not include the civil liability to pay The offended party can waive the civil liability of the
offender
3. Granted only after conviction Must be made before the institution of the criminal action in
cases where the law allows pardon by the offended party.
Also it must be extended to both offenders.

ENUMERATE THE PROPER ORDER OF PAYMENT OF THE PECUNIARY LIABILITIES OF THE OFFENDER:
1. Reparation of the damage caused
2. Indemnification of consequential damages
3. The fine
4. Cost of the proceedings (Art.38)

Q: What is subsidiary imprisonment/penalty?

A: It is a personal liability to be suffered by the convict who has no property to pay the fine at the rate of one day for each eight
pesos. (Art. 39) As of 2012, the new definition of subsidiary imprisonment is: It is a personal liability to be suffered by the convict who

16
has no property to pay the fine at the rate of one day equivalent to highest minimum wage rate prevailing at the time of judgment. (Art.
39 as amended by RA 10159)

RULES TO BE OBSERVED IN SUBSIDIARY IMPRISONMENT

1. When the principal penalty is higher than prision correctional no subsidiary imprisonment shall be impose.
2. If the principal penalty be prison correctional or arresto and fine, his subsidiary imprisonment shall not exceed 1/3 of the term
of the sentence, and in no case shall it continue for more than one year
3. When the principal penalty is only fine, subsidiary imprisonment shall not exceed six months, if the offender is prosecuted for
grave or less grave felonies, and shall not exceed 15 days if for a light felony.
4. The subsidiary penalty which he may have suffered shall not relieve him from the fine in case his financial circumstances
should improve. (Art.39)

Note: Articles 40-44 are merely enumeration of accessory penalties for each penalty.

Q: What is to be done to the proceeds or instrument of a crime?

A: Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the
instruments or tools with which it was committed. They shall be forfeited in favor of the Government, unless they be the property of a
third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed. (Art.45)

Q: What is a complex crime?

A: There is a complex crime 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. (In which case the penalty for the more serious crime shall be imposed in its maximum period-Art 48).

TWO KINDS OF COMPLEX CRIMES:

1. When a single act constitutes two or more grave or less grave felonies - (compound crime or delito compuesto)
2. When an offense is a necessary means of committing the other- (complex crime proper or delito complejo)

PLURALITY OF CRIMES - Consist in the successive execution by one individual of different criminal acts upon which no conviction is
yet declared. It could either be formal or ideal plurality of which art. 48 is the best example, that is there is only one criminal liability or
real or material plurality where there are different crimes in the eyes of the law and in the conscience of the offender. Hence in real or
material plurality the offender is punished for each and every offense that he committed.

There is plurality of crimes or "concurso de delitos" when the actor commits various delictual acts of the same or different kind.
1. "Ideal plurality" or "concurso ideal" - Occurs when a single act gives rise to various infractions of law. This is illustrated by
the article 48. a. when a single act constitutes two or more grave or less grave felonies (described as "delito compuesto" or
compound crime); and b. when an offense is a necessary means for committing another offense (described as "delito
complejo" or complex proper).
2. "Real plurality" or "concurso real", - Arises when the accused performs an act or different acts with distinct purposes and
resulting in different crimes which are juridically independent. Unlike "ideal plurality", this "real plurality" is not governed by
Article 48.

CONTINUING/CONTINUED/CONTINUOUS CRIME - It is a single crime, consisting of a series of acts all arising from one criminal
resolution. It is a continuous, unlawful act or series of act set on foot by a single impulse and operated by an unintermittent force,
however long time it may occupy. Also called “delito continuado.” It is a single crime consisting of a series of acts but all arising from
one criminal resolution or intent not susceptible of division .It is a continuous, unlawful act or series of acts set on foot by a single
impulse and operated by unintermittent force, however long time it may occupy. When the actor, there being unity of purpose and of
right violated, commits diverse acts, each of which, although of a delictual character, merely constitutes a partial execution of a single
particular delict, such concurrence or delictual acts is called a "delito continuado". In order that it may exist, there should be "plurality of
acts performed separately during a period of time; unity of penal provision infringed upon or violated and unity of criminal intent and
purpose, which means that two or more violations of the same penal provision are united in one and the same intent leading to the
perpetration of the same criminal purpose or aim.

COMPUTATION OF PENALTIES BY GRADUATION OF DEGREE2

Consummated Frustrated Attempted

Principals 0 1 2
Accomplices 1 2 3
Accessories 2 3 4

Article 71 RPC. Graduated Scale

SCALE NO. 1
1. Death
2. Reclusion Perpetua
3. Reclusion Temporal
4. Prision Mayor
5. Prision Correctional
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, and the right to follow a profession or calling
4. Public censure

2
This is a summary of the rules established in articles 50-57 RPC. A degree is one whole penalty or one entire penalty as enumerated
in the graduated scale in article 71. On the other hand, a period is one of the three equal portions which are known as the minimum,
medium and maximum.
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 5. Fine

ARTICLE 62 REVISED PENAL CODE

1. Aggravating circumstances which in themselves constitute a crime especially punishable by law or which are included by law
in defining a crime and prescribing the penalty therefore shall not be taken into account for the purpose of increasing the
penalty.
a. When in the commission of a crime advantage was taken by the offender of his public position, the maximum penalty
shall be imposed regardless of mitigating circumstances.
b. The maximum penalty shall be impose if the offense was committed by any person who belongs to an organized/syndicated
group. An organized or syndicated group means a group of two or more persons collaborating, confederating, or mutually
helping one another for the purpose of gain in the commission of a crime.
2. 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 serve only to aggravate or mitigate the liability of the principals,
accomplices and accessories as to whom such circumstances are attendant. 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 only those
persons who had knowledge of them at the time of the execution of the act or their cooperation therein.

HABITUAL DELINQUENT - A person shall be deemed a 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.

Note: Habitual delinquency is not a crime it is simple a circumstance which if present gives rise to the imposition of additional penalties.

PURPOSE OF THE LAW IN PROVIDING ADDITIONAL PENALTY FOR HABITUAL DELINQUENCY - To render more effective social
defense and the reformation of multi recidivists.

PENALTY TO BE IMPOSE UPON A PERSON UNDER 18 YEARS OF AGE (Art. 68)

1. 9-15 = a discretionary penalty is imposed but always lowered by 2 degrees than that prescribed by law for the crime he
committed
2. Over 15 but under 18= a penalty next lower than that prescribed by law but always in the proper period.

SIMULTANEOUS SERVICE OF SENCENTENCE AND SUCCESSIVE SERVICE OF SENTENCE - When the culprit has to serve two
or more penalties, he shall serve them simultaneously (simultaneous service of sentence) if the nature of the penalties will permit so,
otherwise the order of their respective severity shall be followed (successive service) so that they maybe executed successively or as
nearly as may be possible, should a pardon have been granted as to the penalty first imposed or should they have been carried out(Art.
70).

THREE FOLD RULE IN THE SERVICE OF SENTENCE - According to this rule, 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 held liable shall be inflicted after the sum of those imposed equals the said maximum period. Such maximum period
shall in no case exceed forty years.

COMPLEX PENALTY - It is a penalty prescribed by law composed of three distinct penalties, each forming a period, the lightest of
them shall be the minimum, the next the medium, and the most severe the maximum period.( ex. Reclusion Temporal to Death)

Note: Articles 81-85 are provisions that have something to do with the death penalty. These provisions have no longer any relevance
except for academic purposes by reason of the enactment of RA 9346-An Act Prohibiting the Imposition of the Death Penalty.

Q: Give the concept of the penalty of destierro.

A: Any person sentenced to destierro shall not be permitted to enter the places designated in the sentence, nor within the radius therein
specified, which shall not be more than 250 and not less than 25 kilometers from the place designated. If he does he may be held
liable for Evasion of service of sentence under article 157 RPC.

DESTIERRO IS IMPOSED IN THE FOLLOWING:

1. Death or Serious Physical injuries inflicted under exceptional circumstances
2. When a person fails to give a bond for good behavior (Art. 284)
3. Penalty for concubine in concubinage ( Art. 334)
Art. 88. Arresto menor. — The penalty of arresto menor shall be served in the municipal jail, or in the house of the defendant himself
under the surveillance of an officer of the law, when the court so provides in its decision, taking into consideration the health of the
offender and other reasons which may seem satisfactory to it.
Note: There must be a court statement that the accused serve the sentence in his house. The grounds could be for health reasons, and
others (humanitarian)
MODES OF TOTAL EXTINCTION OF CRIMINAL LIABILITY (Art. 89)
1. By the death of the convict, as to the personal penalties; as to pecuniary liabilities, it is extinguished only when the death of
the offender occurs before final judgment.
2. By service of sentence;
3. By amnesty-an act of the sovereign power granting oblivion or a general pardon for past offense, and is rarely exercised in
favor of a single individual, and is usually exerted in behalf of certain classes of persons who are subject to trail but not yet
convicted.
4. By absolute pardon
5. Prescription of crime- the forfeiture or the loss of the right of the state to prosecute the offender after the lapse of a certain
time.
6. Prescription of Penalty- the loss or forfeiture of the right of the Government to execute the final sentence after the lapse of a
certain time.
7. Marriage of the offended party under Article 344 RPC

AMNESTY vs PARDON

AMNESTY PARDON
Made by the President with the concurrence of Made by the President alone
18
Congress
Usually extended to political crimes Extended to any type of crime
May be extended even before conviction or before May be given only after final conviction
trial
Looks backward Looks forward

Note: DISQUALIFIED FROM AMNESTY - Exclusion from the Coverage of Special Amnesty Law. - In order not to depreciate the crime
of torture, persons who have committed any act of torture shall not benefit from any special amnesty law or similar measures that will
have the effect of exempting them from any criminal proceedings and sanctions (RA 9745 Sec. 16.) Special Amnesty Law Exclusion. –
Persons who are changed with and/or guilty of the act of enforced or involuntary disappearance shall not benefit from any special
amnesty law or other similar executive measures that shall exempt them from any penal proceedings or sanctions (RA 10353 Sec. 23).

PRESCRITION OF CRIMES
PENALTY PRESCRIBES IN
1. Death, reclusion perpetua and reclusion temporal 20 years
2. Other afflictive penalties (prision mayor and DQ.) 15 years
3. Punishable by correctional penalty (prision 10 years
correctional, suspension, destierro)
4. Arresto mayor 5 years
5. Libel 1 year
6. Oral defamation and slander by deed 6 months
7. Other light offenses 2 months
8. Plunder under RA 7080 20 years (special mention by RA 7080)
9. Violations of RA 3019 Anti Graft and Corrupt Practices 10 years (special mention under RA 3019)
Act
10. Violations of Ra 9208 Anti Trafficking in Persons. 10 years (but 20 years if trafficking is committed by a
syndicate)
Art. 91. Computation of prescription of offenses. — The period of prescription shall commence to run from the day on which the
crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or
information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or
are unjustifiably stopped for any reason not imputable to him.
The term of prescription shall not run when the offender is absent from the Philippine Archipelago.
* The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities,
or their agents, and shall be interrupted by the filing of the complaint or information, and shall commence to run again when such
proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to
him. It shall not run when the offender is absent from the Philippines (Art.91)

BLAMELESS IGNORANCE DOCTRINE - Generally, the prescriptive period shall commence to run on the day the crime is
committed. An exception to this rule is the “blameless ignorance” doctrine, incorporated in Section 2 of Act No. 3326. Under this
doctrine, “the statute of limitations runs only upon discovery of the fact of the invasion of a right which will support a cause of action. In
other words, the courts would decline to apply the statute of limitations where the plaintiff does not know or has no reasonable means
of knowing the existence of a cause of action.”

PRESCRIPTION OF PENALTIES
PENALTY PRESCRIBES IN
Death and reclusion Perpetua 20 years
Other afflictive penalties 15 years
Correctional penalties 10 years
Arresto Mayor 5 years
Light penalties 1 year

* Prescription of penalties shall commence to run from the date when the culprit should evade the service of his sentence, and it shall
be interrupted if the defendant should give himself up, be captured, should go to some foreign country with which the government has
no extradition treaty, or should commit another crime before the expiration of the period of prescription (Art.93)

MODES OF PARTIAL EXTINCTION OF CRIMINAL LIABILITY

1. By conditional pardon- a contract between the president and the convict the former will release the latter upon compliance
with certain conditions.
2. By commutation of sentence- it is the reduction of the period of imprisonment of the offender or the amount of the fine.
3. For good conduct time allowance- are deductions from the term of the sentence for good behavior of the convicted prisoner.
4. Parole- consists of the suspension of the sentence of a convict after serving the minimum term of the indeterminate penalty.

Q: Who gives good conduct time allowance?

A:1. Director of the Bureau of Corrections (Director of Bureau of Prisons).
2. Chief of the Bureau of Jail Management and Penology.
3. Warden of a provincial, district, municipal or city jail.
Such allowances once granted shall not be revoked (Art. 99, RPC as amended by RA 10592).

Years of good behavior Allowance earned

1-2 years 5 days per month
3-5 years 8 days per month
6-10 years 10 days per month
11 up years 15 days per month

COMPARISON OF GOOD CONDUCT TIME ALLOWANCE UNDER THE OLD ARTICLE 97 RPC AND THE NEW RA 10592

YEARS OF GOOD BEHAVIOR ALLOWANCE EARNED UNDER UNDER THE NEW LAW RA
THE OLD LAW ARTICLE 97 10592
RPC
1-2 YEARS 5 DAYS PER MONTH 20 DAYS PER MONTH
3-5 YEARS 8 DAYS PER MONTH 23 DAYS PER MONTH
19
6-10 YEARS 10 DAYS PER MONTH 25 DAYS PER MONTH
11 YEARS AND ABOVE 15 DAYS PER MONTH 30 DAYS PER MONTH
NO EQUIVALENT PROVISION 15 DAYS FOR EACH MONTH OF
UNDER THE OLD LAW STUDY, TEACHING OR
MENTORING SERVICE
GIVEN BY THE DIRECTOR OF GRANTED BY DIRECTOR OF
PRISONS BUREAU OF CORRECTIONS,
OR CHIEF OF BJMP OR
WARDEN OF PROVINCIAL,
CITY, DISTRICT, MUNICIPAL
JAILS.

Q: What is the special allowance for loyalty?

A: It is a deduction of 1/5 of the period of sentence to any prisoner who, having evaded the service of his sentence under the
circumstances in art. 158 RPC, gives himself up to the authority within 48 hours following the issuance of a proclamation announcing
the passing away of the calamity, or the deduction of two-fifths (2/5) of the period of his sentence shall be granted in case said prisoner
chose to stay in the place of his confinement notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of
this Code.

Q: What is article 100 of the Revised Penal Code?

A: It says” every person criminally liable for a felony is also civilly liable.

Art. 102. Subsidiary civil liability3 of innkeepers, tavern keepers and proprietors of establishments- In default of persons
criminally liable, innkeepers, tavernkeeprs, and any other persons or corporations shall be civilly liable for crimes committed in their
establishments, in cases where a violation of municipal ordinances or some general or special police regulations shall have been
committed by them or their employees.

Innkeepers are also subsidiary liable for the restitution of goods taken by robbery or theft within their houses from guests lodging
therein, or for the payment of the value thereof, provided that such guests shall have notified in advance the innkeepers himself, or the
person representing him, of the deposit of such goods within the inn, and shall furthermore have followed the directions which such
innkeepers or his representative may have given them with respect to the care and vigilance over such goods. No liability shall attach in
case of robbery with violence against or intimidation of persons unless committed by the innkeepers’ employees.

Art. 103. Subsidiary civil liability of other persons- The subsidiary liability established in the next preceding article shall also apply to
employers, teachers, persons, and corporations engaged in any kind of industry for felonies committed by their servants, pupils,
workmen, apprentices, or employees in the discharge of their duties.

Art. 104. What is included in civil liability-

1. Restitution
2. Reparation of damage caused
3. Indemnification of consequential damage

Art. 105. Restitution how made- The restitution of the thing itself must be made whenever possible, with allowance for any
deterioration or diminution of value.

The thing itself shall be restored, even though it be found in the possession of a third person who has acquired it by lawful
means, saving to the latter his action against the proper person who may be liable to him.

Art. 106. Reparation- The court shall determine the amount of damage, taking into consideration the price of the thing, and its special
sentimental value to the injured party.

Art. 107. Indemnification- Indemnification of consequential damages shall include not only those caused the injured party, but also
those suffered by his family or by third person by reason of the crime.

Modes of Extinction of Civil Liability - Civil liability is extinguished in the same manner as other obligations, in accordance with the
provisions of the Civil Code namely:

1. Payment or performance
2. Loss of the thing due
3. Condonation or remission of the debt
4. Confusion or merger of the rights of creditor and debtor
5. Compensation
6. Novation and others (See Art. 1231 Civil Code).

Compiled By:

Mr.Makamasa A. Gapit

PHILIPPINE COLLEGE OF CRIMINOLOGY

UNIVERSITY OF PERPETUAL HELP LAS PIÑAS

3
Proof of due diligence of the employer in the selection and supervision of employees is not a defense on the part of the employer and
will not free him from subsidiary liability.
20