EXECUTIVE COMMITTEE IAN MICHEL GEONANGA overall chairperson, JOSE ANGELO DAVID chairperson for

academics, RUTH ABIGAIL ACERO chairperson for hotel operations, ALBERTO RECALDE, JR. vice-chairperson for
operations, MARIA CARMELA HAUTEA vice-chairperson for secretariat, MARK EMMANUEL ABILO vice-chairperson for
finance, RYAN LIGGAYU vice- chairperson for electronic data processing, JOMARC PHILIP DIMAPILIS vice-chairperson for
logistics
CRIMINAL LAW BOOK ONE
Criminal Law – branch of public substantive law which defines crimes, treats of their nature and
provides for their punishment. It is a public law because it deals with the relation of the individual
with the State.
Criminal Law Criminal Procedure Substantive Remedial Prospective, unless favorable to the
accused provided that the accused is not a habitual delinquent.
and consistent with the presumption of innocence of the accused. 5. 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 (People v. Ural, G.R. No. L- 30801).
Characteristics of Criminal Law
Retroactive; in favor of the ends of substantial justice.
A. General – it is binding on all persons who live or sojourn in the Philippine territory, regardless
of nationality, gender, or other personal circumstances (Art. 14, NCC).
Exceptions: Only comes from the legislative body.
1. Treaty Stipulations
Under the RP–US Visiting Forces Agreement, which was signed on February 10, 1998, the
Philippines agreed that: a. US shall have the right to exercise within the Philippines all criminal
and disciplinary jurisdiction conferred on them by the military law of the US over US personnel
in RP; b. US exercises exclusive jurisdiction over US military personnel with regard to offenses
relating to the security of the US punishable under the law of US, but not under the laws of RP;
c. US shall have primary right to exercise jurisdiction
over US military in relation to: i. Offenses solely against the property or security of the US or
offenses solely against the property or person of US personnel; ii. Offenses arising out of any
act or mission done
in performance of official duty.
Under the VFA, in determining whether one can be prosecuted or not, the citizenship is
immaterial, what is material is one’s membership in the U.S Armed Forces. It is necessary that
one is a member of the US armed forces either as: 1. US military personnel; or
2. US civilian personnel connected to US military
operations. Can be promulgated by the judiciary.
Terms 1. Crime – the generic term used to refer to a wrongdoing punished either under the
RPC or under the special law (Ortega); an act committed or omitted in violation of a public law
forbidding or commanding it. 2. Felony – a crime punished under the RPC. 3. Offense – a crime
punished under the special law. 4. Misdemeanor – a minor infraction of law.
Sources 1. The Revised Penal Code (Act no. 3815) 2. Special Penal Laws 3. Penal
Presidential Decrees issued during Martial Law
Legal Maxims 1. Nullum crimen nulla poena sine lege – there is no crime
when there is no law that defines and punishes it. 2. Actus non facit reum, nisi mens sit rea –
the act cannot
be criminal unless the mind is criminal. 3. Actus me invito factus non est meus actus – an act
done by me against my will is not my act. 4. Doctrine of Pro Reo- Whenever a Penal law is to be
construed or applied and the law admits of two interpretations- one lenient to the offender and
one strict to the offender- that interpretation which is lenient or favorable to the offender will be
adopted.
This is in consonance with the fundamental rule that all doubts shall be construed in favor of the
accused
SUBJECT COMMITTEE JANSEN BERNARDO subject chair, DANIEL VON EVAN PANELO assistant subject chair,
CLAUDINE PALATTAO edp, HYACINTH ALDUESO book 1, JEMIMA FERNANDO book 2, MICHELLE MARIE HATOL
special penal laws
MEMBERS Fatima Maria Amansec, Her Lynn Balares, Roy Daguio, Jennyllette Dignadice, Edcar Latauan, Michael Lloren, Tosca Leira
Mansujeto, Maria Monica Pamela Mendoza, Fina Ong, Annie Blaise Arce Raagas, Toni Faye Tan, Joseph Christopher Torralba

CRIMINAL BOOK ONE LAW Rules on Jurisdiction

Crimes Jurisdiction Crimes punishable under Phil. Laws
RP has the exclusive but not under the
jurisdiction. laws of the US. Crimes punishable under the laws of the US but not under Phil.
Laws.
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US has the exclusive jurisdiction.
Crimes punishable both under the US and Phil. Laws.
There is concurrent jurisdiction but the Philippines has the right to primary jurisdiction, especially
when it is a threat to RP security namely: a. treason b. espionage c. sabotage Crimes
committed by a US personnel against the security and property of the US alone.
RP has no jurisdiction.
Generally, the Philippines cannot refuse the request of the US for waiver of jurisdiction and has
to approve the request for waiver except if the crime is of national importance: (HCD) 1. Those
crimes defined under RA 7659 (Heinous
crimes) 2. Those crimes defined under RA 7610 (Child Abuse
Cases) 3. Those crimes defined under RA 9165 (Dangerous
Drugs cases)
Laws of Preferential Application 1. RA 75 penalizes acts which would impair the proper
observance by the Republic and its inhabitants of the immunities, rights, and privileges of duly-
accredited foreign diplomatic representatives in the Philippines.
General Rule: Under RA 75, persons who are exempt from arrest and imprisonment and whose
properties are exempt from distraint, seizure and attachment are the following: (MAS) i. Public
Ministers ii. Ambassadors iii.Domestic servants of ambassadors and public
ministers Exceptions: a.the person is a citizen or inhabitant of the
Philippines; and
2
b. the writ or process issued against him is founded upon a debt contracted before he entered
upon such service or the domestic servant is not registered with the Department of Foreign
Affairs.
Note: RA 75 is not applicable when the foreign country adversely affected does not provide
similar protection to our diplomatic representatives.
2. Warship Rule – a warship of another country even though docked in the Philippines is
considered as an extension of the territory of their respective country. Same rule applies to
foreign embassies in the Philippines. Philippine warship and embassies abroad are deemed
extra-territories of the Philippines.
3. Principles of Public International Law
The following persons are exempted: (SCAM2) a. Sovereigns and other heads of state b.
Chargesd’affaires c. Ambassadors d. Ministers plenipotentiary e. Ministers resident
Consuls, vice-consuls and other commercial representatives of foreign nations cannot claim the
privileges and immunities accorded to ambassadors and ministers.
B. Territorial
General Rule: Penal laws of the Philippines have force and effect only within its territory.
The national territory is set forth in Article I of the 1987 Constitution. It composes of 3 domains:
1. Terrestrial 2. Fluvial 3. Aerial
Exceptions: 1. RPC shall not be enforced within or outside the
Philippine territories if so provided under: a. Treaties; or b. Laws of Preferential Application (Art.
2, RPC and Art. 14, NCC)
2. Extraterritoriality – refers to the application of the Revised Penal Code outside the
Philippine territory (Art 2, RPC).
Extraterritorial Crimes (Art. 2, RPC) i.e., enforceable even outside Philippine territory against
those who: a. Should commit an offense while on Philippine
ship or airship.
CRIMINAL LAW BOOK ONE
Requisites: i. The ship or airship must not be within the territorial jurisdiction of another country;
(it must be in international waters.) ii. The ship or airship must be registered in the
Philippines under Philippine laws.
Rules on private or merchant Vessels:
1. Philippine vessel or aircraft
a. Must be understood as that which is registered with the MARINA (Maritime Industry
Authority) in accordance with Philippine laws; b. The RPC applies when such Philippine
vessel is found within: i. Philippine waters, or ii. The high seas. 2. Foreign Merchant Vessels
a. In the Philippines, we follow the ENGLISH
RULE. b. A distinction must be made between merchant ships and warship; the former are more
or less subjected to the territorial laws. (US vs. Bull, 15 Phil. 7) c. Foreign merchant vessel in
transit: possession of dangerous drugs is not punishable, but use of the same is punishable. d.
Foreign merchant vessel NOT in transit: mere possession of dangerous drugs is punishable
because it can already be considered as illegal importation.
FRENCH RULE v. ENGLISH RULE
French Rule (Flag or Nationality)
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS English Rule (Territoriality or Situs
of the Crime) General Rule Crimes committed aboard a vessel within the territorial waters of a
country are NOT triable in the courts of said country.
Crimes committed aboard a vessel within the territorial waters of a country are triablein the
courts of such country.
Exception When their commission affects the peace and security of the territory or when the
safety of the state is endangered
When the crimes merely affect things within the vessel or when they only refer to the internal
management thereof 3. Foreign Warships
a. In the case of a foreign warship, the nationality of such warship determines the applicable
penal laws to crimes committed
therein, as they are considered to be an extension of the territory of the country to which they
belong. Thus, their respective national laws shall apply to such vessels wherever they may be
found. b. Should forge or counterfeit any coin or currency note of the Philippines or
obligations and securities issued by the Government (Arts. 163 & 166 RPC).
Forgery is committed by giving to a treasury or bank note or any instrument payable to bearer or
to order the appearance of a true genuine document or by erasing, substituting, counterfeiting or
altering, by any means, the figures, letters, words or signs contained therein.
If forgery was committed abroad, it must refer only to Philippine coin, currency note, or
obligations and securities.
Obligations and securities of the GSIS, SSS and Landbank are NOT of the government
because they have separate charters.
c. Should introduce into the country the above-
mentioned obligations and securities.
Those who introduced the counterfeit items are criminally liable even if they were not the ones
who counterfeited the obligations and securities. On the other hand, those who counterfeited the
items are criminally liable even if they did not introduce the counterfeit items.
d. While being public officers or employees, should commit an offense in the exercise of
their functions, like: (B3A2F3T-MIC) i. Direct Bribery (Art. 210) ii. Indirect Bribery (Art. 211) iii.
Qualified Bribery (Art. 211-A) iv. Failure to Render Accounts (Art. 218) v. Failure to Render
Account Before Leaving the
Country (Art. 219) vi. Illegal Use of Public Funds or Property (Art.
220) vii. Failure to Make Delivery of Public
Funds/Property (Art. 221) viii. Falsification (Art. 171) ix. Fraud Against Public Treasury and
Similar
Offenses (Art. 213) x. Malversation of Public Funds or Property (Art.
217) xi. Possession of Prohibited Interest (Art. 216) xii. Corruption (Art. 212)
3
4
CRIMINAL BOOK ONE LAW SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR
OPERATIONS
v. Commit said crimes directly against the Note: A crime committed within the grounds of a
Phil. government. Philippine embassy on foreign soil shall be subject to Philippine penal laws,
although it may or may not
C. Prospective have been committed by a public officer in relation to his official duties.
Embassy grounds are considered
General Rule: Penal laws cannot make an act as extensions of the sovereignty of the country
punishable in a manner in which it was not punishable occupying them.
when committed.
Example: A Philippine consulate official who is
Exception: It may be applied retroactively when the validly married here in the Philippines
remarries in a
new law is favorable to the accused. foreign country cannot be prosecuted here in the
Philippines for bigamy under no. 4 of Art. 2 of RPC
Exceptions to the Exception: because the crime has no connection with his official
1. The new law is expressly made inapplicable to duties. Nevertheless, if the second marriage is
pending actions or existing causes of actions. celebrated in the Philippine embassy, the
2. Offender is a habitual criminal (Art. 22, RPC) ambassador may be prosecuted in the
Philippines because the embassy grounds are considered the
Limitations on the Power of Congress to Enact extension of sovereignty (Ortega, 2009).
Penal Laws:
e. Should commit any of the crimes against
The Congress, in enacting penal laws are restricted by national security and the law of
nations
the following Constitutional and statutory limitations: defined in Title One of Book Two. (Arts.
114- 122, RPC)
1. No ex post facto law or bill of attainder shall be
enacted (Constitution, Art. III, Sec. 22). When rebellion, coup d’etat and sedition are committed
abroad, the Philippine courts will not
Ex post facto law have jurisdiction because these are crimes
It is a law that would make a previous act criminal against public order.
although it was not so at the time it was committed.
Terrorism as defined by R.A. 9372, otherwise
Bill of attainder known as the Human Security Act of 2007, is
It is a legislative act that inflicts punishment without now a crime against national security and
the law
trial, its essence being the substitution of legislative of nations.
fiat for a judicial determination of guilt.
RA 9372, otherwise known as the Human
2. No person shall be held to answer for a criminal Security Act of 2007 has extraterritorial
offense without due process of law (Ibid., Sec. application.
14[1]).
Sec. 58 of RA 9372 provides that the Act shall
3. It should not impose cruel and unusual punishment apply to individual persons who, although
nor should it impose excessive fines (Ibid., Sec. physically outside the Philippines shall:
19[1]. i. Conspire or plot to commit any of the
crimes punished in the Act;
RA 9346 prohibits the imposition of death penalty ii. Commit any of said crimes on board
therefore repealing RA 7659. In lieu of the death Philippine Ship or airship;
penalty, the following shall be imposed: iii. Commit any of said crimes within the
a. the penalty of reclusion perpetua, when the law embassy, consulate or diplomatic
violated makes use of the nomenclature of the premises belonging to or occupied by the
penalties of the Revised Penal Code; or Phil. government in an official capacity;
b. the penalty of life imprisonment, when the law iv. Commit said crimes against Phil. citizens
violated does not make use of the nomenclature or persons of Phil. descent where their
of the penalties of the Revised Penal Code (Sec. citizenship or ethnicity was a factor in the
2, RA 9346). commission of the crimes; and
 CRIMINAL LAW BOOK ONE

4. It must be general in application and must serving sentence:

clearly define the acts and omissions punished i. Not habitual criminal – the repealing law
as crimes (Ibid., Sec. 1 and Sec. 2). which is more lenient to him shall be applied
unless there is a reservation to that effect ii.
Different Effects of Repeal of Penal Habitual criminal – the repealing law which is
Law more favorable to the accused will not be
applicable to him
1. Absolute or Total Repeal – a repeal is absolute
when the crime punished under the repealed law Effects of Amendment of Penal Law 1. If the new
has been decriminalized by the subsequent law law makes the penalty lighter, it shall be applied
(Ortega, 2009). except if the offender is a habitual delinquent or
when the new law is inapplicable to pending action
If the new law totally repeals the existing law or existing causes of action. 2. If the new law
making the act not punishable, the crime is imposes a heavier penalty, the law in force at the
obliterated (Reyes, 2008, p.15). time of the commission of the offense shall be
applied (Reyes, 2008, p.15).
Effects of total repeal if: a. the case is still PRELIMINARY TITLE
pending in court: dismissed, regardless of
whether the accused is a habitual criminal b. the
offender is already serving sentence: ARTICLE 1 TIME WHEN ACT
i. Not a habitual criminal – the offender is TAKES EFFECT
entitled to be released; unless the repealing
law is expressly made inapplicable to those The Revised Penal Code (RPC) was approved on
who are serving sentence at the time of the December 8, 1930. It took effect on January 1,
repeal. ii. Habitual criminal – he will continue 1932.
serving sentence this is so because penal
laws should be given retroactive application to Two theories in criminal
favor only those who are not habitual law: 1. Classical or Juristic
delinquents (Ortega, 2009). Theory
a. The basis of criminal liability is human free will
2. Partial or Relative Repeal – a repeal is partial and
when the crime punished under the repealed law the purpose of the penalty is retribution b.
continues to be a crime in spite of the repeal. Man is essentially a moral creature with an
absolutely free will to choose between good and
Effects of partial repeal if: a. If the case is still evil thereby placing more stress upon the effect
pending in court: the repealing law which is or result of the felonious act than upon the man,
more favorable to the accused shall be applied to the criminal himself. c. It has been endeavored to
him regardless of whether he is a habitual establish a mechanical
criminal or not; unless, there is a reservation in and direct proportion between crime and
the said law that it shall not apply to pending penalty.
causes of action. b. If the offender is already
2. Positivist or Realistic
ARTICLE 2
Theory
a. Man is subdued occasionally by a strange and APPLICATION OF ITS
morbid phenomenon which constrains him to do PROVISIONS
wrong, in spite of or contrary to his volition. b.
Article 2 sets forth the instances where the
The crime is essentially a social and natural
provisions of the Revised Penal Code are
phenomenon and as such it cannot be treated
applicable although the felony is committed outside
and checked by applying law and jurisprudence
the Philippine Territory.
nor by imposition of a punishment, fixed and
determined a priori. c. The purpose of penalty is
1. Extraterritoriality – RPC is applicable even
reformation.
though outside the Philippine territory (See
discussion under Territorial as a characteristic of
Note: Some authorities add a third school of
criminal law).
thought.

3. Eclectic or Mixed Theory – a combination of 2. Exterritoriality – a term of international law

both classical and positive theories. Our Code is which signifies the immunity of certain persons
considered Eclectic (i.e., the age of the offender is who, although
taken into consideration, intoxication of the
offender in order is considered a mitigating
circumstance unless it is habitual or intentional)
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5
CRIMINAL BOOK ONE LAW in the state, are not amenable to its laws (i.e.
ambassadors, ministers plenipotentiary etc.).
3. Intraterritoriality – RPC is made applicable within the
Philippine territory.
Felonies under this Article shall be cognizable by the proper court where the criminal action was
first filed (Section 15(d), Rule 110 of the Rules of Court).
TITLE ONE: FELONIES & CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY
CHAPTER ONE: FELONIES (ARTS. 3-10)
ARTICLE 3 FELONIES
Felonies It is the acts or omissions punishable by the Revised Penal Code.
Elements of Felonies (General): 1. There must be an act or omission i.e., there must be
external acts. a. Act – any bodily movement tending to produce some effect in the external
world. It must be external as internal acts are beyond the sphere of penal law. b. Omission – is
inaction or the failure to perform a
positive duty required by law.
2. The act or omission must be punishable by the RPC.
Based upon the maxim, “nullumcrimen, nullapoena sine lege.”
3. The act is performed or the omission is incurred, by
means of dolo(malice) or culpa (fault). The act or omission must be voluntary.
Classification of Felonies According to the Means by Which They Are Committed:
A. Intentional felonies – the act is performed or the omission is incurred with deliberate intent
or malice to do an injury.
Requisites of DOLO or MALICE: (FII) 1. Freedom
a. Voluntariness on the part of the person to commit the
act or omission.
6
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b. When a person acts without freedom, he is no longer
a human being but a tool.
Lack of freedom - offender is exempt from liability. (i.e. presence of irresistible force or
uncontrollable fear)
2. Intelligence
It is the capacity to know and understand the consequences of one’s act. Without this power,
necessary to determine the morality of human acts, no crime can exist
Lack of intelligence - offender is exempt from liability. (i.e. offender is an imbecile, insane, or 15
years of age or under.)
3. Intent (Criminal)
a. The purpose to use a particular means to effect such
result. b. Intent to commit an act with malice, being purely a mental process, is presumed. Such
presumption arises from the proof of commission of an unlawful act. c. A mental state, hence, its
existence is shown by overt
acts.
Lack of intent = act is justified. Offender incurs NO criminal liability (i.e. existence of a lawful or
insuperable cause, commission by mere accident).
Criminal intent is necessary because: a. Actus non facit reum nisi mens sit rea – the act itself
does not make a man guilty unless his intentions were so. b. Actus me invito factus non est
meus actus – an act done by me against my will is not my act (U.S. v. Ah Chong, 15 Phil. 499).
General Criminal Intent
Specific Criminal Intent An intention to do a wrong.
An intention to commit a definite act.
Presumed to exist from the mere doing of a wrongful act.
Existence of the intent is not presumed because it is an ingredient or element of a crime.
The burden of proving the absence of intent is upon the accused.
The burden of proving the existence of the intent is upon the prosecution, as such intent is an
element of the crime.
CRIMINAL LAW BOOK ONE
When the crime is in its attempted or frustrated stage, special intent must be proved. (i.e. When
the crime is
When a person consummated,
seriously injures general intent is
another, the intent to kill presumed. (i.e. When
must be proved in order a person killed
that the charge will be another, the intent to
one of attempted or kill is presumed)
frustrated homicide, murder, parricide or infanticide, as the case may be and not mere physical
injuries)
B. Culpable felonies – performed without malice.
Requisites of CULPA: (FIN) 1. Freedom; 2. Intelligence; 3. Negligence, imprudence, lack of
foresight, or lack of
skill.
The act or omission is voluntary but the intent or malice in intentional felonies is replaced by
imprudence, etc.
Negligence It indicates a deficiency of perception; failure to pay proper attention and to use
diligence in foreseeing the injury or damage impending to be caused; usually involves lack of
foresight.
Imprudence It indicates a deficiency of action; failure to take the necessary precaution to avoid
injury to person or damage to property; usually involves lack of skill.
Reason for punishing acts of negligence: A man must use his common sense, and exercise
due reflection in all his acts; it is his duty to be cautious, careful and prudent, if not from instinct,
then thru fear of incurring punishment (US vs. Maleza, 14 Phil. 468, 470).
Note: In Art. 3, culpa is a MODE of committing a crime; hence, killing is denominated “homicide
through reckless imprudence. In Art. 365 (quasi-offenses), culpa is the crime punished; hence,
the crime is denominated “reckless imprudence resulting in homicide” (Boado, 2008, p.42).
Intentional Culpable Act is malicious. Not malicious. With deliberate intent. Injury caused is
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unintentional being incident of another act performed without malice.
Has intention to cause
an injury.
Wrongful act results from imprudence, negligence, lack of foresight or lack of skill.
Honest Mistake of fact It is a misapprehension of fact on the part of the person causing injury
to another. Such person is NOT criminally liable as he acted without criminal intent (Ignorantia
facti excusat).
An honest mistake of fact destroys the presumption of criminal intent which arises upon the
commission of a felonious act.
Honest Mistake of fact is NOT applicable in CULPABLE felonies.
Requisites of mistake of fact as a defense: 1. That the act done would have been lawful had
the facts been as the accused believed them to be; 2. That the intention of the accused in
performing the
act should be lawful; and 3. That the mistake must be without fault or
carelessness on the part of the accused. a. US vs. Ah Chong (15 Phil 488, 1910) – the accused
had no alternative but to take the facts as they appeared to him, and such facts justified his act
of killing his roommate. b. People vs. Oanis (74 Phil 257, 1943) – there was no mistake of fact
when the accused police officers were shot Tecson, whom they thought to be Balagtas (a
notorious criminal) who was sleeping in his bed, without ascertaining his identity and the non-
existence of threat from the part of Tecson.
Mala prohibita Crimes punishable by special penal laws whereby criminal intent is not, as a
rule, necessary, it being sufficient that the offender has the intent to perpetrate the act prohibited
by the special law. It is punishable because the prohibited act is so injurious to the public
welfare that it is the crime itself.
General Rule: As a rule, mere commission of crimes classified as mala prohibita, even without
criminal intent, is punishable.
7
CRIMINAL BOOK ONE LAW Exceptions: 1. Cuenca vs. People (G.R. No. L-27586,
June 26, 1970) Cuenca was entitled to assume that his employer had the requisite license to
possess said firearm and ammunition and to turn them over to him while he was on duty as one
of the regular security guards of a duly licensed security agency.
2. People vs. Landicho ([CA] 55 OG 842)
The doctrine of the immateriality of animus possidendi should be relaxed in certain way.
Otherwise, the avowed purpose of the government’s policy cannot be realized.
3. People vs. Mallari ([CA] 55 O.G. 1394)
Where the accused had a pending application for permanent permit to possess a firearm, and
whose possession was not unknown to an agent of the law who advised the former to keep it in
the meantime, any doubt as to his claim should be resolved in his favor.
4. Mere transient possession of unlicensed firearm
While in stealing a firearm the accused must necessarily come into possession thereof, the
crime of illegal possession of firearms is not committed by mere transient possession of the
weapon. Thus, stealing a firearm with intent not to use but to render the owner defenseless,
may suffice for purposes of establishing a case of theft, but would not justify a charge for illegal
possession of firearm, since intent to hold and eventually use the weapon would be lacking
(People vs. Dela Rosa, G.R. No. 84857, January 16, 1998, citing People vs. Remereta, 98 Phil.
413, 1956).
Mala in Se Mala Prohibita
As to Nature Wrong from its very
Wrong because it is nature.
prohibited by law. Use of Good Faith as a Defense Good faith is a valid defense; unless the
crime is the result of culpa.
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Good faith is not a defense.
Criminal intent is
Use of Intent as an element Intent is an element.
immaterial. Degree of Accomplishment of the crime The degree of accomplishment of the
crime is taken into account in punishing the offender.
The act gives rise to a crime only when it is consummated.
As to Mitigating and Aggravating Circumstances Mitigating and aggravating circumstances
are taken
Mitigating and aggravating
8
into account in imposing the penalty.
circumstances are generally not taken into account. Degree of Participation When there is
more than one offender, the degree of participation of each in the commission of the crime is
taken into account.
Degree of participation is generally not taken into account. All who participated in the act are
punished to the same extent. As to Persons Criminally Liable Penalty is computed on the
basis of whether he is a principal offender, or merely an accomplice or accessory.
 The penalty on the offenders are the same whether they are merely accomplices or
accessories. Laws Violated Violation of the RPC. (General rule)
Violation of Special Laws. (General rule) As to stages in execution There are three stages:
attempted, frustrated, consummated.
No such stages of execution.
As to persons criminally liable Thereare three persons criminally liable: principal, accomplice,
and accessory.
Generally, only the principal is liable.
As to division of penalties Penalties may be divided into degrees and periods.
There is no such division of penalties.
Intent Motive Is the purpose to use a particular means to effect such result.
Is the reason or moving power which impels one to commit an act for a definite result. Is an
element of the crime, except in unintentional felonies. (culpable)
Is NOT an element of the crime.
Is essential in intentional felonies.
Is essential only when the identity of the perpetrator is in doubt.
Example: A who is jealous of B shot the latter as a result of which B died. The intent is to kill
while the motive is jealousy.
Motive It is the moving power which impels one to action for a definite result (Reyes, 2008, p.
59).
CRIMINAL LAW BOOK ONE

Motive: When Relevant (CUT-NID) 1. If the Rationale: El que es causa dela causa es causa
evidence is merely circumstantial. 2. Where the del mal causa – He who is the cause of the cause
identification of the accused proceeds from an is the cause of the evil caused.
unreliable source and the testimony is inconclusive
and not free from doubt; 3. In ascertaining the truth Requisites: 1. That an intentional felony
between two antagonistic has been committed.
theories or versions of the killing; 4. Where There is no Intentional Felony: a. When the act
there are no eyewitnesses to the crime, and where or omission is not punishable by RPC;
suspicion is likely to fall upon a number of persons; or b. When the act is covered by any of the
5. When there is doubt as to the identity of the justifying
assailant; 6. When the act is alleged to be circumstances in Art. 11 of
committed in defense of a stranger because it RPC.
must not be induced by revenge, resentment or
other evil motive; Act or omission should not be punished by a
special law because the offender violating a
ARTICLE 4 special law may not have the intent to do any
CRIMINAL injury to another. In such case, the wrongful act
LIABILITY done could not be different, as the offender did
not intend to do any other injury.
Par. 1: Criminal Liability for a felony different
from that which is intended to be committed. 2. That the wrong done to the aggrieved party be
the direct, natural and logical consequence of the the scene of the crime; EIP – the supposed
felony committed. victim may or may not be in the scene of the
crime
Proximate Cause It is that cause, which, in the
natural and continuous sequence, unbroken by AI –The offender delivers the blow to his
any efficient intervening cause, produces the intended victim but because of poor aim
injury, and without which the result would not landed on someone else; EIP – The offender
have occurred. delivers the blow not to his intended victim

If the result can be traced back to the original act, AI – generally gives rise to complex crime
then the doer of the original act can be held unless the resulting consequence is not a
criminally liable. grave or less grave felony; EIP – there is no
complex crime
The relation of cause and effect must be
shown: a. Unlawful act is the efficient Example of Aberratio Ictus: a. A shot B but
cause b. Accelerating cause because of lack of precision, it was C, a
c. Proximate cause bystander, who was hit as a result of which C
died. There is a complex crime of attempted or
Note: Any person who creates in another frustrated Murder, Homicide, Parricide or
person’s mind an immediate sense of danger, Infanticide and Murder, Homicide Parricide or
which causes the latter to do something resulting Infanticide(MHPI)
in the latter’s injuries, is liable for the resulting
injuries (People vs. Page, 77 SCRA 348, citing b. If C did not die but sustained injuries, there
People vs. Toling, L-27097, Jan. 17, 1975, 62 is still a complex crime of attempted or
SCRA 17, 33). frustrated MHPI and serious or less serious
physical injuries (note that there is no intent to
Thus, the person is still criminally liable although kill insofar as the case of C is concerned);
the wrongful act done be different from that which however, there can be no complex crime if C
he intended: a. Error In Personae- mistake in the sustained slight physical injuries as the same
identity of the victim (Article 49 – penalty for is only a light felony.
lesser crime in its maximum period) b.
Aberratioictus – mistake in the blow (Article 48 on When death is presumed to be the natural
complex crimes – penalty for graver offense in its consequence of physical injuries inflicted:
maximum period) c. Praeter intentionem – (NER) a. That the victim at the time the physical
injurious result is greater than injuries were
that intended (Article 13 – Mitigating inflicted was in normal
Circumstance) health.

Aberratio Ictus v. Error in personae AI – the

victim as well as the actual victim are both in SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERA
9
CRIMINAL BOOK ONE LAW b. That the death may be expected from the physical
injuries inflicted. c. That death ensued within a reasonable time.
Note: The offended party is not obliged to submit to a surgical operation or medical treatment to
relieve the accused from liability.
Felony committed is NOT the proximate cause of the resulting injury when: a. There is an
active force between the felony committed and the resulting injury, such active force is distinct
from the felony committed. b. The resulting injury is due to the intentional act of the victim, i.e.
fault or carelessness of the victim to increase the criminal liability of the assailant.
Instances when there is a proximate cause and when there is none:
Instance Criminally Liable? When there is an intervening disease If disease is closely
YES. NO.
related to the wound If disease is unrelated to the wound If disease is combined
YES. Mortal wound is a force with wound
contributing factor to victim’s death.
NOTE: A mortal wound is a contributing factor when :
i. The wound is sufficient to cause the victim’s death along with the disease ii. The mortal wound
was caused by actions committed by the accused When the death was caused by an
infection of the wound due to the unskilled medical treatment from the doctors If the
wound is mortal YES. Unskilled treatment and infection are NOT efficient intervening causes If
the wound is slight NO. Unskilled treatment and infection are efficient intervening causes
10
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
Efficient Intervening Cause It is the cause which interrupted the natural flow of events leading
to one’s death. This may relieve the offender from liability.
NOT efficient intervening causes: a. The weak or diseased physical condition victim; b. The
nervousness or temperament of the victim; c. Causes which are inherent in the victim; d.
Neglect of the victim or third person; (ex. refusal of
medical attendance) e. Erroneous or unskilled medical or surgical treatment
(unless the wound is slight or not mortal).
Par. 2: Impossible Crime
Requisites: (PEIN) 1. That the act performed would be an offense against
persons or property; 2. That the act was done with evil intent; 3. That its accomplishment is
inherently impossible, or that the means employed is either inadequate or ineffectual; and
Inadequate It means is insufficient (e.g. small quantity of poison).
Ineffectual It means employed did not produce the result expected (e.g. pressed the trigger of
the gun not knowing that it is empty).
Inherent impossibility of its accomplishment: a.Legal impossibility – where the intended acts,
even if completed would not amount to a crime. E.g. Stealing a property that turned out to be
owned by the stealer (See Gemma T. Jacinto vs. People of the Philippines, G.R. No. 162540,
July 13, 2009). b.Physical impossibility – When extraneous circumstances unknown to the
actor or beyond his control prevent the consummation of the intended crime. E.g. When one
tries to murder a corpse (See Sulpicio Intod vs Honorable Court of Appeals and People of the
Philippines G.R. No. 103119 October 21, 1992).
4. That the act performed should NOT constitute a
violation of another provision of the RPC.
The crime committed is an impossible crime and not attempted murder. Intod, Pangasian, Tubio
and Daligdig fired at the room of Palangpanga. It turned out, however, that Palangpangan was
in another City and her home was then occupied by her son-in-law and his family. No one
 CRIMINAL LAW BOOK ONE

was in the room when the accused fired the shots. would be liable for that felony; there would be no
No one was hit by the gun fire. There is factual impossible crime to speak of. b. There is no
impossibility in this case. It occurs when attempted or frustrated impossible crime. It is
extraneous circumstances unknown to the actor or always consummated and applies only to grave or
beyond his control prevent the consummation of less grave felonies. c. Under Article 59, the penalty
the intended crime. One example is the man who for impossible crimes is arresto mayor or a fine
puts his hand in the coat pocket of another with the ranging from 200-500 pesos.
intention to steal the latter's wallet and finds the ARTICLE 5 DUTY OF
pocket empty. In this case, Intod shoots the place THE COURT
where he thought his victim would be, although in
reality, the victim was not present in said place and Par. 1. Acts which should be repressed but
thus, the petitioner failed to accomplish his end which are not covered by law.
(Intod v. CA 285 SCRA 52).
Requisites: 1. The act committed by the accused
Felonies against persons are: (MHPI-DRAP) appears NOT
1. Murder (Art. 248) 2. Homicide (Art 249) 3. punishable by any law; 2. But the court deems
Parricide (Art. 246) 4. Infanticide (Art 255) 5. it proper to repress such act; 3. In that case, the
Duel (Arts 260 and 261) 6. Rape (Art. 266-A) court must render the proper decision by
7. Abortion (Arts. 256, 257, 258 and 259) 8. dismissing the case and acquitting the accused;
Physical Injuries (Arts 262, 263, 264, 265 and and 4. The judge must then make a report to the
266) Chief Executive, through the Secretary of Justice,
stating the reasons which induce him to believe
Felonies against property are: (BRUCT-SCAM) that the said act should be made the subject of
1. Robbery (Arts. 294, 297, 298, 299, 300, 302 and penal legislation.
303) 2. Brigandage (Arts. 306 and 307) 3. Theft
(Arts. 308, 310, and 311) 4. Usurpation (Arts. 312 The Philippines does not subscribe to the common
and 313) 5. Culpable Insolvency (Art. 314) 6. law crimes system. Under this article, if an act
Swindling and other deceits (Arts. 315, 316, 317 should be repressed but there is no law punishing
and the same, the proper decision of acquittal must be
318) 7. Chattel Mortgage (Art. 319) 8. Arson made. This is in consonance with the maxim
and other crimes involving destruction (Arts. 320, nullem crimen nulla poena sine lege.
321, 322, 323, 324, 325, and 326) 9.
Malicious Mischief (Arts. 327, 328, 329, 330 and Par. 2. Excessive
321) Penalties

Purpose of punishing impossible crimes: To Requisites: 1. The court after trial finds the
suppress criminal propensity or criminal accused guilty; 2. The penalty provided by law and
tendencies. which the court imposes for the crime committed
appears to be clearly excessive because: a. the
Notes: a. Felony against persons or property accused acted with lesser degree of malice,
should not be actually committed, for otherwise, he and/or b. there is no injury or the injury
 caused is of lesser grant executive clemency.
gravity; 3. The court should not suspend
the execution of the Par. 2 not applicable to the offense defined and
sentence; and 4. The judge should submit a penalized by a special law.
statement to the Chief Executive, through the
Secretary of Justice, recommending executive
clemency.

The court must impose the penalty prescribed for

the crime committed although it finds the penalty
too harsh considering the conditions surrounding SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERA
the commission of the crime. The most the judge 11
could do is to recommend to the Chief Executive to
CRIMINAL BOOK ONE LAW ARTICLE 6 CONSUMMATED, FRUSTRATED &
ATTEMPTED FELONIES
Formal Crimes or Crimes of Effect These are felonies which by a single act of the accused
consummates the offense as a matter of law (i.e. physical injuries, acts of lasciviousness,
attempted flight to an enemy country, coercion, slander, illegal exaction).
Material crimes These are crimes which involve the three stages of execution.
Stages of execution: (does NOT apply to crimes under special laws unless otherwise
provided, crimes by omission, and formal crimes)
1. Consummated felony
When all the elements necessary for its execution and accomplishment are present.
2. Frustrated Felony
Elements: a. The offender performs all the acts of execution; b. All the acts performed would
produce the felony as a consequence; (belief of accused as to whether or not he had performed
all acts of execution is immaterial) c. But the felony is not produced; and d. By reason of causes
independent of the will of the
perpetrator.
What crimes do not admit of frustrated stage? They are those which, by the definition of a
frustrated felony, the offender cannot possibly perform all the acts of execution to bring the
desired result without consummating the offense.
Examples: a. Rape, since the gravamen of the offense is carnal knowledge, hence, no matter
how slight the penetration, the felony is consummated. b. Indirect Bribery, because it is
committed by accepting gifts offered to the public officer by reason of his office. If he does not
accept, he does not commit the crime. If he accepts, it is consummated. c. Direct Bribery. d.
Corruption of Public Officers, because the offense requires the concurrence of the will of both
parties, such as that when the offer is accepted, the offense is consummated. But when the
offer is rejected, the offense is merely attempted. e. Adultery, because the essence of the crime
is
sexual congress.
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
f. Physical Injury, since it cannot be determined whether the injury will be slight, less serious, or
serious unless and until consummated. g. Theft, because the unlawful taking immediately
consummates the offense and the disposition of the thing is not an element thereof.
3. Attempted Felony
Elements: a. The offender commences the commission of the
felony directly by overt acts; b. He does not perform all the acts of execution which
should produce the felony; c. He is not stopped by his own spontaneous
desistance; and d. The non-performance of all acts of execution was due to a cause or accident
other than the offender’s own spontaneous desistance.
Overt acts a. These are some physical activity or deed, indicating
intention to commit a particular crime. b. More than a mere planning or preparation, which if
carried to its complete termination following its natural course, without being frustrated by
external obstacles, nor by voluntary desistance of the perpetrator will logically ripen into a
concrete offense (Reyes, 2008, p. 87).
Felony is deemed commenced by overt acts when the following are present: a. That there
be external acts; b. Such external acts 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. The accused may be convicted of a felony defined by the acts performed by him up to
the time of desistance.
In the case of People vs. Lamahang, Aurelio Lamahang was caught opening with an iron bar a
wall of a store of cheap goods in Fuentes St. Iloilo. He broke one board and was unfastening
another when a patrolling police caught him. Owners of the store were sleeping inside store as it
was early dawn.
The attempt to commit an offense which the Penal Code punishes is that which has a logical
relation to a particular, concrete offense; that, which is the beginning of the execution of the
offense by overt acts of the perpetrator, leading directly to its realization and consummation.
The attempt to commit an indeterminate offense, inasmuch as its nature in relation to its
12
CRIMINAL LAW BOOK ONE
objective is ambiguous, is not a juridical fact from the standpoint of the Penal Code. There is no
doubt that in the case at bar it was the intention of the accused to enter Tan Yu's store by
means of violence, passing through the opening which he had started to make on the wall, in
order to commit an offense which, due to the timely arrival of policeman Tomambing, did not
develop beyond the first steps of its execution.
Desistance It is an absolutory cause which negates criminal liability because the law
encourages a person to desist from committing a crime. Note: The spontaneous desistance of
the offender negates only the attempted stage but not necessarily all criminal liability. If the
desistance was made when acts done by him already resulted to a felony, that offender will still
be criminally liable for the felony brought about by his act (Ortega, 2009).
Kinds of Desistance
Legal Desistance Factual Desistance Definition Desistance referred to in law which would
obviate criminal liability unless the overt or preparatory act already committed in themselves
constitute a felony other than what the actor intended.
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS Actual desistance of the actor; the
actor is still liable for the attempt.
Time or Period Employed Desistance made during the attempted stage.
Desistance made after the attempted stage of the crime.
Two Stages in the Development of a Crime: 1. Internal acts:
a. Such as mere thoughts or ideas in the mind of
person. b. Not punishable.
2. External acts cover:
a. Preparatory acts – ordinarily not punished except when considered by law as independent
crimes (e.g. Art. 304, Possession of picklocks and similar tools). b. Acts of Execution –
punishable under the RPC.
Attempted stage It marks the commencement of the subjective phase.
Subjective Phase It is that portion of the acts constituting the crime, starting from the point
where the offender begins the commission of the crime to that point where he has still control
over his acts, including their (acts) natural course.
If between those two points the offender is stopped by reason of 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.
Frustrated stage It is the end thereof and the start of the objective phase.
Objective Phase It is the result of the acts of the execution, that is, the accomplishment of the
crime.
If the subjective and objective phases are present, there is a consummated felony.
The spontaneous desistance of the accused is exculpatory only: a. if made during the attempted
stage, and b. provided that the acts already committed do not
constitute any offense.
Factors in determining stage of execution of felony: (MEN) 1. Manner of committing the
felony; 2. Elements constituting the felony; 3. Nature of the offense.
Murder/Homicide/Parricide/Infanticide (MHPI): 1. With intent to kill, but no mortal wound is
inflicted –
attempted. 2. With intent to kill, and mortal wound is inflicted but
victim does not die – frustrated. 3. The moment the victim dies, intent to kill is conclusively
presumed – consummated.
Rules on crimes against persons (MHPI) and stages of execution:
Death Results
Intent to Kill
Gravity of the wound
Crime Committed
Pre-
Yes
sumed
Consummated Non-
Mortal wound No Yes Mortal Frustrated (MHPI) No Yes
Attempted MHPI
mortal
13
CRIMINAL BOOK ONE LAW Death Results
Intent to Kill
 Gravity of the wound
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
Crime Committed
Consummated Frustrated Attempted Arson
Overt act No Yes
only – no wound
Any part of the building burned, even if only a small portion.
The tools
Attempted MHPI
used alone
The tools to are on fire, or
be used for a furniture or
Mortal
committing No No wound
Serious physical
thing not
the crime are injuries
attached to
in the Non-
the building is
building. No No
mortal
on fire. wound
Estafa
Deceit and Damage on the victim are present. Less serious/ slight physical injuries
Robbery/ Theft a. Both crimes are committed by the taking of the personal
property of another and with the intent to gain. b. The difference is that in robbery, there is the
use of
force or violence. c. So long as there is possession of the property, no matter how momentary it
may be, the crime is consummated. d. In robbery by the use of force upon things, since the
offender must enter the building to commit the crime, he must be able to carry out of the building
the thing taken to consummate the crime. e. In robbery with violence against or intimidation of
persons, the crime is consummated the moment the offender gets hold of the thing taken and/or
is in a position to dispose of it freely. f. It does not matter how long the property was in the
possession of the accused; it does not matter whether the property was disposed or not; what is
important is whether or not there was asportacion or unlawful taking.
Rape The crime of rape is consummated by mere penetration of the male organ no matter how
slight or superficial.
Instances where there is attempted rape: a. When the skirt of the victim has been lifted no
matter
what position; b. When the accused mounted on the body of the victim; c. When there is
epidermal touching of the genital organs
of the accused and the victim.
In attempted rape, there is the intent to have carnal knowledge or sexual intercourse. In acts of
lasciviousness there is none.
There is NO crime of frustrated rape, only a frustrated rapist. The case of People vs. Eriña was
an exception since the victim was only 3 years old.
Examples of Common Crimes and their Stages of Execution:
The money taken has not been “damaged” or spent.
No money was taken yet, only deceit is present.
Attempted Frustrated Impossible Evil intent is not accomplished.
Evil intent is not accomplished.
Evil intent is not accomplished. Evil intent is possible of accomplishment .
Evil intent is possible of accomplishment.
Evil intent cannot be accomplished.
What prevented the accomplish- ment is the intervention of certain cause or accident in which
the offender had no part.
What prevented the accomplish- ment are causes independent of the will of the perpetrator
Evil intent cannot be accomplished because it’s inherently impossible of accomplishme nt or the
means employed by the offender is inadequate or ineffectual.
ARTICLE 7 LIGHT FELONIES
Light Felonies These are those infractions of law for the commission of which the penalty of
arrestomenor or fine not exceeding 200 pesos, or both, is provided (Art. 9, par. 3).
General Rule: Light felonies are punishable only when they have been consummated.
Reason: They produce light, insignificant moral and material injuries that public conscience is
satisfied with providing a light penalty for their consummation. If they
14
CRIMINAL LAW BOOK ONE
are not consummated the wrong done is so slight that there is no need of providing a penalty at
all (Albert) (Reyes, 2006, p. 121).
Exception: If committed against persons or property, punishable even if attempted or
frustrated.
Reason for the exception: Such commission presupposes moral depravity. a. The exception
with regard to crimes against persons is actually unnecessary, as the only light felony against
persons is slight physical injuries which in the first place is always consummated. b. The
exception can apply however to attempted or frustrated light felonies against property BUT only
principal and accomplices are criminally liable while accessories are exempt.
Light Felonies under RPC: (STAMI) 1. Slight physical injuries (Art. 266) 2. Theft (Art. 309, par.
7 and 8)
When the value of thing stolen is less than five pesos and theft is committed under the
circumstances enumerated under Article 308 par. 3 3. Alteration of boundary marks (Art. 313) 4.
Malicious mischief (Art. 328, par. 3; Art. 329, par. 3)
When the value of the damage does not exceed two hundred pesos or cannot be estimated. 5.
Intriguing against honor (Art. 364)
Note: For light felonies, the only ones who can be held liable are the principals and
accomplices.
ARTICLE 8 CONSPIRACY AND PROPOSAL TO COMMIT FELONY
General Rule: Mere conspiracy or proposal to commit a felony is not punishable since they are
only preparatory acts.
Exception: In cases in which the law specially provides a penalty therefor.
Conspiracy It exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it.
Agreement may be oral or written, express or implied.
Requisites of Conspiracy: 1. That 2 or more persons came to an agreement; 2. That the
agreement pertains to the commission of a
felony; and
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
3. That the execution of the felony was decided upon.
There must be participation with a criminal resolution because simple knowledge thereof by a
person may only make him liable as an accomplice (People vs. Comadre, G.R. No.153559,
June 8, 2004).
The law specially provides penalty for mere conspiracy in: (Under RPC) TRICSM 1. Treason,
(Art. 115) 2. Rebellion, (Art. 136) 3. Insurrection, (Art. 136) 4. Coup d’ etat, (Art. 136) 5.
Sedition, (Art. 141) 6. Monopolies and combinations in restraint of trade. (Art. 186)
(Under special laws) 1. Espionage, 2. Highway robbery, 3. Illegal association, 4. Selected acts
committed under the Dangerous Drugs
Act, 5. Arson, and 6. Terrorism under the Human Security Act.
Conspiracy as a felony, distinguished from conspiracy as a manner of incurring criminal
liability.
As a Manner of Incurring
As a Felony
Criminal Liablity Conspirators should not actually commit treason, rebellion, etc., it being
sufficient that two or more persons agree and decide to commit it.
If the conspirators commit it, say, treason, they will be held liable for treason, and the conspiracy
which they had before committing treason is only a manner of incurring criminal liability, not
treated as a separate offense. Felony relates to a crime actually committed.
Conspiracy is not treated as a separate offense but used to determine the liability of the
offenders. In conspiracy, the act of one is the act of all.
General Rule: When conspiracy is established, all who participated therein, irrespective of the
quantity or quality of his participation is liable equally, whether conspiracy is pre-planned or
instantaneous.
Exception: Unless one or some of the conspirators committed some other crime which is not
part of the intended crime.
15
CRIMINAL BOOK ONE LAW Exception to the Exception: When the act constitutes a
“single indivisible offense.”
Doctrine of Implied Conspiracy Conspiracy may be inferred if it is proven that two or more
persons aimed their acts towards the accomplishment of the same unlawful object, each doing a
part so that their acts although apparently independent were in fact connected and cooperative,
thus indicating a closeness of personal association and a concurrence of sentiment.
It is enough that at the time of the commission of the offense, the offenders acted in concert,
each doing his part to fulfill their common design. There is unity of purpose and unity in the
execution of the offense.
In determining whether there is an implied conspiracy, it must be based on: 1. Overt acts done
before, during or after the commission
of the crime; or 2. Words, remarks or language used before, during or
after the commission of the crime. a. They must be distinct from each other, independent
or separate. b. They must be closely associated, closely related,
closely linked, and coordinated. c. They must be for a common criminal design, joint criminal
interest, unity of criminal purpose, or concerted action, geared towards the attainment of the
felony.
Proposal to Commit a Felony It is when the person who has decided to commit a felony
proposes its execution to some other person or persons.
Requisites of Proposal: 1. That a person has decided to commit a felony
(Decision); and 2. That he proposes its execution to some other person or
persons (Proposal).
RPC specially provides penalty for mere proposal in (TRIC) 1. Treason, 2. Rebellion, 3.
Insurrection, and 4. Coup d’ etat.
There is no criminal proposal when: 1. The person who proposes is NOT determined to
commit the felony; 2. There is no decided, concrete and formal proposal but
a mere suggestion; 3. It is not the execution of a felony that is proposed.
16
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
It is not necessary that the person to whom the proposal is made agrees to commit TRIC, what
constitutes the felony is the making of the proposal.
ARTICLE 9 CLASSIFICATION OF FELONIES ACCORDING TO GRAVITY
Grave felonies Felonies to which the law attaches the capital punishment or penalties which in
any of their periods are afflictive, in accordance with Art. 25 of the Code. These are: 1.
Reclusion perpetua, 2. Reclusion temporal, 3. Perpetual or Temporary Absolute Disqualification,
4. Perpetual or Temporary Special Disqualification, 5. Prision mayor, 6. Fines more than Php
6000.
Less grave felonies Felonies which the law punishes with penalties which in their maximum
period are correctional, in accordance with Art. 25 of the Code. These are: 1. Prision
correccional, 2. Arresto mayor, 3. Suspension, 4. Destierro, 5. Fines equal to or more than Php
200 but less than Php
6000.
Light felonies Those infractions of law for the commission of which the penalty of arrestomenor
or a fine not exceeding 200 pesos, or both, is provided.
Importance of Classification 1. To determine whether these felonies can be complexed
or not. 2. To determine the prescription of the crime and the
prescription of the penalty.
ARTICLE 10 OFFENSES NOT SUBJECT TO THE PROVISIONS OF THE RPC
General Rule: RPC provisions are supplementary to special laws.
Exceptions: 1. Where the special law provides otherwise.
CRIMINAL LAW BOOK ONE
2. When the provisions of the RPC are impossible of application, either by express provision or
by necessary implication.
Thus, when the special law adopts the penalties imposed in the RPC, such as reclusion
perpetua or reclusión temporal, the provisions of the RPC on imposition of penalties based on
stage of execution, degree of participation, and attendance of mitigating and aggravating
circumstances may be applied by necessary implication.
Five circumstances affecting criminal liability: 1. Justifying circumstances; Art. 11, RPC (6);
R.A. 9262
VAWC 2. Exempting circumstances; Art. 12, RPC (7) 3. Mitigating circumstances; Art. 13, RPC
(10) 4. Aggravating circumstances; Art. 14, RPC (21) 5. Alternative circumstances; Art. 15, RPC
(3)
Other circumstances found elsewhere in the RPC: 1. Absolutory cause – the effect is to
absolve the offender
from criminal liability, although not from civil liability. 2. Extenuating circumstances - the effect is
to mitigate the criminal liability of the offender and has the same effect as mitigating
circumstances (i.e. Concealment of dishonor in the crime of infanticide insofar as the mother
and maternal grandparents are concerned, the penalty is lowered by two degrees; the crime of
adultery committed by a married woman abandoned by her husband)
Imputability It the quality by which an act may be ascribed to a person as its author or owner. It
implies that the act committed has been freely and consciously done and may therefore be put
down to the doer as his very own.
Responsibility It is the obligation of taking the penal and civil consequences of the crime.
Guilt It is an element of responsibility, for a man cannot be made to answer for the
consequences of a crime unless he is guilty.
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS CHAPTER TWO JUSTIFYING
CIRCUMSTANCES AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY (ARTS. 11-12)
ARTICLE 11 JUSTIFYING CIRCUMSTANCES
Justifying Circumstances Those where the act of a person is said to be in accordance with
law, so that such person is deemed not to have transgressed the law and is free from both
criminal and civil liability. There is no civil liability, except in par. 4 of Art. 11 where the civil
liability is borne by the persons benefited by the act.
An affirmative defense, hence, the burden of proof is on the accused who must prove it by clear
and convincing evidence.
There is both NO crime and NO criminal.
Basis: Lack of criminal intent.
Par. 1. Self-Defense Rights included in self-defense: Self-defense includes not only the
defense of the person or body of the one assaulted but also that of his rights, the enjoyment of
which is protected by law. Thus, it includes:
1.The right to honor. Hence, a slap on the face is considered as unlawful aggression since the
face represents a person and his dignity. It is a serious personal attack; a physical assault,
coupled with a willful disgrace; and it may, therefore, be frequently regarded as placing in real
danger a person’s dignity, rights and safety (Rugas vs. People, GR No. 147789, Jan. 14, 2004).
2. The defense of property rights can be invoked if there is an attack upon the property although
it is not coupled with an attack upon the person of the owner of the premises. All the elements
for justification must however be present (People vs. Narvaez, 121 SCRA 389, 1983).
Subjects of Self-Defense: (PRPH) a. Defense of Person b. Defense of Rights c. Defense of
Property d. Defense of Honor
What is important is not the duality of the attack but whether the means employed is reasonable
to prevent the attack.
Self Defense is lawful because: a. Impulse of self-preservation;
17
CRIMINAL BOOK ONE LAW b.State cannot provide protection for each of its
constituents.
Stand ground when in the right The law does not require a person to retreat when his
assailant is rapidly advancing upon him with a deadly weapon.
Reason: He runs the risk of being attacked in the back by the aggressor.
Requisites: (URL) 1. Unlawful aggression (condition sine qua non);
Kinds of aggression: a. Lawful
i. In the exercise of a right ii. In the fulfillment of a duty b. Unlawful 2. Reasonable necessity of
the means employed to prevent or repel it (if by a peace officer, reasonable necessity of the
means employed to overcome opponent); and 3. Lack of sufficient provocation on the part of
the person
defending himself.
Unlawful aggression a. Equivalent to an actual physical assault; or b. Threatened assault of an
immediate and imminent kind which is offensive and positively strong, showing the wrongful
intent to cause injury.
Actual The danger must be present, that is, actually in existence.
Imminent The danger is on the point of happening. It is not required that the attack already
begins, for it may be too late.
c. Must come from the person attacked by the accused.
No unlawful aggression when there was an agreement to fight. The challenge to fight must be
accepted. But aggression which is ahead of a stipulated time and place is unlawful. d. Not
merely oral threats or threatening stance or
posture. Mere belief of an impending attack is not sufficient. e. In relation to “mistake of fact,”
the belief of the accused may be considered in determining the existence of unlawful
aggression.E.g. there is self- defense even if the aggressor used a toy gun, provided that the
accused believed it to be a real gun.
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Reasonable necessity of the means employed 1. It involves two elements, necessity for the
course of action and necessity of the means employed, which should be reasonable. 2. In
determining reasonable means, some factors are
to be considered such as: (PINES) a. Presence of imminent danger; b. Emergency to which the
person defending himself
has been exposed to; c. Nature and quality of the weapon used by the accused compared to the
weapon of the aggression; d. Impelled by the instinct of self-preservation; e. Size and/or
physical character of the aggressor compared to the accused and other circumstances that can
be considered showing disparity between aggressor and accused.
This element should be interpreted liberally in favor of the law-abiding citizen.
Perfect equality between the weapons used by the one defending himself and that of the
aggressor is not required, neither is the material commensurability between the means of attack
and defense. Rational equivalence is enough.
 Reason: Because the person assaulted does not have sufficient tranquility of mind to think and
to calculate.
Retreat of aggressor – aggression ceases; EXCEPT: when retreat is made to take a more
advantageous position to insure the success of the attack begun, unlawful aggression
continues.
Retaliation Self-defense Inceptual unlawful aggression had already ceased when the accused
attacked him.
Unlawful aggression was still existing when the aggressor was injured by the person making the
defense.
There must be no appreciable time interval between the unlawful aggression and the killing.
Under Republic Act 9262, known as the Anti- Violence against Women and their Children
Act of 2004: Victim-survivors who are found by the courts to be suffering from Battered Woman
Syndrome do not incur any criminal or civil liability notwithstanding the absence of any of the
elements for justifying circumstances of self-
CRIMINAL LAW BOOK ONE

defense under the RPC. (Sec. 26, R.A. No. 9262) Syndrome in a woman.
The law provides for an additional justifying
circumstance. Battery It is any act of inflicting physical harm upon
the woman or her child resulting to physical and
Battered Woman Syndrome It is a scientifically psychological or emotional distress.
defined pattern of psychological and behavioral
symptoms found in women living in battering Lack of Sufficient Provocation Sufficient
relationships as a result of cumulative abuse. provocation should not come from the person
defending himself/accused, and it must
“Cycle of violence” has three phases: (TAT) 1. immediately precede the aggression.
The Tension building phase; 2. The Acute
battering incident; 3. The Tranquil, loving (or at Defense of property should be coupled with danger
least non-violent) phase (People v. Genosa G.R. to the person defending oneself; if there is no
No. 135981, January 15, 2004). danger to the person or the person’s life or limb,
defense of property cannot be invoked.
Four characteristics of the syndrome: 1. The
woman believes that the violence was her fault; 2. Par. 2. Defense of
She has an inability to place the responsibility for Relatives
the
violence elsewhere; 3. She fears for her life Requisites: 1. Unlawful aggression; 2.
and/or her children’s life; and 4. She has an Reasonable necessity of the means employed to
irrational belief that the abuser is prevent or repel it; and 3. In case the
omnipresent and provocation was given by the person attacked, the
omniscient. one making the defense had no part therein.

Only a certified psychologist or psychiatrist can

prove the existence of the Battery Woman Relatives that can be defended:
(SADBroSAC4) 1. Spouse 2. Ascendants adopted child will fall under this paragraph.
3. Descendants 4. Legitimate, natural or adopted
Brothers and Sisters, or relatives by Affinity in the Requisites: 1. Unlawful aggression; 2.Reasonable
same degrees. Death of the spouse terminates the necessity of the means employed to
relationship by affinity. 5. Relatives by prevent or repel it; and 3.The person
Consanguinity within the fourth civil defending was not induced by revenge,
degree. resentment or other evil
motive.
The fact that the relative defended gave
provocation is immaterial. Motive is relevant only in this kind of
defense.
There is no distinction in the Revised Penal Code
whether the descendant should be legitimate or Justification: The ordinary person would not stand
illegitimate; when the law does not distinguish the idly by and see his companion killed without
courts cannot distinguish. attempting to save his life.

Justification: It is found not only upon a Par. 4. Avoidance of greater evil or

humanitarian sentiment, but also upon the impulse injury
of blood which impels men to rush, on the occasion
of great perils, to the rescue of those close to them State of Necessity Article 11, par. 4 – offender
by ties of blood. deliberately caused damage. Article 12, par. 4 –
offender accidentally caused damage.
Par. 3. Defense of
Stranger Requisites: (EIN) 1. That the evil sought to be
avoided actually exists; 2. That the injury feared be
Stranger They are any person not included in the greater than that done to
enumeration of relatives under par. 2 of Art. 11. avoid it; and

Damage to another includes injury to persons and

damage to property.
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERA
A person defending his common-law spouse or 19
CRIMINAL BOOK ONE LAW 3. There be no other practical and less harmful means of
preventing it.
It is only in this par. (4) that the person defending himself incurs civil liability, since generally in
this article there is no civil liability on the part of the accused. Such liability is borne by the
person benefited.
Greater evil must not be brought about by the negligence or imprudence or violation of law by
the actor.
The damage caused by the accused in the state of necessity contemplated here is deliberate,
while that in Par. 4 of Art. 12 is accidentally caused (Regalado, 2009, p. 57).
Par. 5. Fulfillment of duty or lawful exercise of right or office
Requisites: 1. That the accused acted in the performance of a duty or
in the lawful exercise of a right or office; and 2. That the injury caused or the offense committed
be the necessary consequence of the due performance of duty or the lawful exercise of such
right or office.
People vs. Delima (46 Phil 738, 1922) –The deceased who escaped from prison while serving
sentence was under the oligation to surrender, and had no right, after evading the service of his
sentence to commit assault and disobedience with a weapon on his hand, which compelled the
policeman to resort to such extreme means, which although it proved to be fatal, was justified by
the circumstances.
The shooting by prisoner guards of escaping prisoners is always justified.
A security guard who shot a thief who refused to surrender is not justified.
The executor of death convicts at the Bilibid Prison cannot be liable for murder for the
executions performed by him because he was merely acting in lawful exercise of his office.
Doctrine of “SELF-HELP” Article 429 of the Civil Code is applicable under this paragraph. The
article states, “The owner or lawful possessor of a thing has the right to exclude any person
from the enjoyment and disposal thereof. For this purpose, he may use such force as may be
reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or
usurpation of his property.
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SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
The actual invasion of property may consist of a mere disturbance of possession or of a real
dispossession. If it is a mere disturbance of possession, force may be used against it at any
time as long as it continues, even beyond the prescriptive period of forcible entry. If the invasion
consists of a real dispossession, force to regain possession can be used only immediately after
the dispossession
Par. 6.Obedience to an order issued for some lawful purpose
Requisites: 1. That an order has been issued by a superior; 2. That such order must be for
some lawful purpose; and 3. That the means used by the subordinate to carry out said order is
lawful.
Par. 6 presupposes that what was obeyed by the accused was a lawful order; but if the accused
complied with an unlawful order under a mistake of fact, he should not incur criminal liability
(Regalado, 2009, p. 58).
Subordinate is not liable for carrying out an illegal order if he is not aware of its illegality and he
is not negligent.
ARTICLE 12 EXEMPTING CIRCUMSTANCES
Exempting Circumstances (or the Circumstances for Non-imputability) Those grounds for
exemption from punishment, because there is wanting in the agent of the crime any of the
conditions which makes the act voluntary, or negligent.
There is a crime but NO criminal.
The burden of proof to prove the existence of an exempting circumstance lies with the defense.
Basis: The exemption from punishment is based on the complete absence of intelligence,
freedom of action, or intent, or on the absence of negligence on the part of the accused.
CRIMINAL LAW BOOK ONE
Justifying Circumstance Exempting Circumstance
It affects the act not the actor.
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS It affects the actor not the act. The act
is considered to have been done within the bounds of law; hence, legitimate and lawful in the
eyes of the law.
The act complained of is actually wrongful, but the actor is not liable.
Since the act is considered lawful, there is no crime.
Since the act complained of is actually wrong there is a crime but since the actor acted without
voluntariness, there is no dolo nor culpa. No crime No criminal No criminal liability No civil
liability (except Art. 11, par. 4, where there is civil liability)
There is a crime No criminal No criminal liability There is civil liability (except Art. 12, par. 4 and
7, where there is no civil liability)
Contemplates unintentional acts and hence, are incompatible with dolo
May be invoked in culpable felonies
Par. 1.Imbecility or Insanity
Imbecility It exists when a person, while of advanced age, has a mental development
comparable to that of children between two and seven years of age.
Insanity It exists when there is a complete deprivation of intelligence or freedom of the will.
Mere abnormality of mental faculties is not enough especially if the offender has not lost
consciousness of his acts.
Insanity and imbecility, to exempt under Par. 1, must be complete, and they cannot be
graduated in degrees of gravity (Regalado, 2009, p.60).
An insane person is not so exempt if it can be shown that he acted during a lucid interval. But
an imbecile is exempt in all cases from criminal liability.
People vs. Formigones (87 Phil 661, 1950) – feeblemindedness is not exempting but can be
considered as mitigating.
Somnambulism or sleepwalking must be clearly proven to be considered as an exempting
circumstance under this Article.
Malignant Malaria affects the nervous system and causes among others such complication as
acute melancholia and insanity at times, and if clearly proven will be considered as an
exempting circumstance under this paragraph. (People vs. Lacena, 69 Phil 350)
Two tests of insanity: 1.Test of COGNITION – complete deprivation of
intelligence in committing the crime. 2. Test of VOLITION – total deprivation of freedom of will.
In the Philippines, both cognition and volition tests are applied. There must be complete
deprivation of the intellect (cognition) or will or freedom (volition)
The defense must prove that the accused was insane at the time of commission of the crime
because the presumption is always in favor of sanity. What are the effects of the insanity of
the accused?
Time when accused suffers insanity
Effect on criminal liability At the time of the commission of the crime.
Exempt from liability.
During trial. Proceedings will be suspended and accused is committed to a hospital. After
judgment or while serving sentence.
Execution of judgment is suspended, the accused is committed to a hospital. The period of
confinement in the hospital is counted for the purpose of the prescription of the penalty.
The fact that a person behaves crazily is not conclusive that he is insane. The prevalent
meaning of the word “crazy” is not synonymous with the legal terms “insane,” “non compos
mentis,” “unsound mind,” “idiot,” or “lunatic.” The popular conception of the word “crazy” is being
used to describe a person or an act unnatural or out of the ordinary. A man may behave in a
crazy manner but it does not necessarily and conclusively prove that he is legally so (People vs.
Florendo, G.R. No. 136845, October 8, 2003).
Basis: Complete absence of intelligence
21
CRIMINAL BOOK ONE LAW Par. 2.& 3. Minority (Amended and superseded by RA
9344)
JUVENILE JUSTICE AND WELFARE ACT OF 2006 (RA 9344)
Child in conflict with the law It refers to a child who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine laws (Sec. 4e).
1. Minimum age of Responsibility - Under RA 9344 (Juvenile Justice and Welfare Act of
2006), the following are EXEMPT from criminal liability (Sec. 6): a. Child 15 years of age or
under at the time of the commission of the offense. The child shall be however subject to an
intervention program pursuant to Section 20 of the Act.
If after the intervention, there is no reform, the minor shall be returned to the court for the
promulgation of the decision against the minor; and then the court shall either decide on the
sentence or extend the intervention.
b. Child above 15 but below 18 who acted without
discernment.
Discernment It is the mental capacity to understand the difference between right and wrong as
determined by the child’s appearance, attitude, comportment and behavior not only before and
during the commission of the offense but also after and during the trial. It is manifested through:
i. Manner of committing the crime ii. Conduct of the offender
Discernment Intent Refers to moral
Refers to the desired significance the person
act of the person ascribes to the act
After initial investigation, the local social worker may: a. Proceed in accordance with Section 20
if the child is fifteen (15) years or below or above fifteen (15) but below eighteen (18) years old,
who acted without discernment; and b. If the child is above fifteen (15) years old but below
eighteen (18) and who acted with discernment, proceed to diversion under the following without
undergoing court proceedings subject to the following conditions: (Section 23)
22
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
i. Where the imposable penalty is not more than 6 years of imprisonment, the PunongBarangay
or law enforcement officer shall conduct mediation, family conferencing and conciliation. ii.
Where the imposable penalty exceeds 6 years imprisonment, diversion measures may be
resorted to only by the court.
2. Exemption from criminal liability herein established
does not include exemption from civil liability.
3. Determination of age – The child in conflict with the law shall enjoy the presumption of
minority until he/she is proven to be 18 years old or older (Section 7, par.1).
The age of a child may be determined from: a. child's birth certificate, b. baptismal certificate
or c. any other pertinent documents.
In the absence of these documents, age may be based on information from the child
himself/herself, testimonies of other persons, the physical appearance of the child and other
relevant evidence.
In case of doubt as to the age of the child, it shall be resolved in his/her favor.
Any person contesting the age of the child in conflict with the law may: a. If the case against the
child has not yet been filed – file a case in a summary proceeding for the determination of age
prior to the filing of the information in any appropriate court before the Family Court which shall
decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all
interested parties. b. If a case has been fiied against the child in conflict with the lawand is
pending in the appropriate court - file a motion to determine the age of the child in the same
court where the case is pending. Pending hearing on the said motion, proceedings on the main
case shall be suspended.
4. The prosecutor shall conduct a preliminary investigation and file an information upon
determination of probable cause in the following instances (Section 33): a. When the child in
conflict with the law does not
qualify for diversion. b. When the child, his/her parents or guardian does not
agree to diversion; and c. Upon determination by the prosecutor that diversion is not appropriate
for the child in conflict with the law.
CRIMINAL LAW BOOK ONE
5. Automatic Suspension of Sentence – Once the child who is under 18 years of age at the time
of commission of the offense is found guilty of the offense charged, the court shall determine
and ascertain any civil liability which may have resulted from the offense committees. However,
instead of pronouncing the judgment of conviction, the court shall place the child in conflict with
law under suspended sentence, without need of application and impose the appropriate
disposition measures as provided in the Supreme Court Rule on Juveniles in Conflictwith the
Law (Section 38).
6. Upon recommendation of the social worker who has custody of the child, the court shall order
the final discharge of the child. The discharge of the child in conflict with the law shall not affect
the civil liability resulting from the commission of the offense (Section 39).
7. Status Offenses – any conduct not considered an offense or not penalized if committed by
an adult shall not be considered an offense and shall not be punished if committed by a child
8. Offenses not applicable to children – Persons below 18 years of age shall be exempt from
prosecution for the crime of: a. Vagrancy and Prostitution (Art. 202, RPC) b. Mendicancy (P.D.
No. 1563) c. Sniffing of Rugby (P.D. No. 1619)
PROVIDED, that said persons shall undergo appropriate counseling and treatment program
Summary of Rules If the judgment is an acquittal, the decision shall immediately take effect
without suspension and the decision shall be promulgated and pronounced.
If the judgment is conviction, the promulgation of the decision and the sentence shall be
suspended by the court, the minor shall be ordered to undergo intervention, which shall have
the following effects: a. If after the intervention, there is reform on the part of the minor, the
minor shall be returned to the court to dismiss the criminal case and dismiss the charges
against the minor. b. If after the intervention, there is no reform, the minor shall be returned to
the court for the promulgation of the decision against the minor; and then the court shall either
decide on the sentence or extend the intervention.
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
Note: Only when there is (1) refusal to be subjected to reformation or (2) when there is failure to
reform can the child be subjected to criminal prosecution and the judicial system.
Basis: Complete absence or lack of intelligence.
Par. 4. Accident without fault or intention of causing it
Accident It is an occurrence that happens outside the sway of our will, and although it comes
about through some act of our will, it lies beyond the bounds of humanly foreseeable
consequences.
Elements: (LDMW) 1. A person is performing a lawful act; 2. With due care; 3. He causes
injury to another by mere accident; and 4. Without fault or intention of causing it.
Basis: Lack of negligence and intent.
Par. 5. A person who acts under the compulsion of an irresistible force
Elements: (PIT) 1. That the compulsion is by means of physical force; 2. That the physical
force must be irresistible; and 3. That the physical force must come from a third person.
Passion and obfuscation cannot amount to irresistible force.
The force must be so irresistible as to reduce the actor to a mere instrument who acts not only
without will but against his will.
The person who used the force or created the fear is criminally and primarily civilly liable, but
the accused who performed the act involuntarily and under duress is still secondarily liable (Art.
101).
Basis: Complete absence of freedom.
Irresistible Force Uncontrollable Fear Offender uses violence or physical force to compel
another person to commit a crime.
Offender employs intimidation or threat in compelling another to commit a crime. Must have
been made to operate directly upon the person of the accused.
May be generated by a threatened act directed to a 3rd person, e.g. the wife of the accused
23
CRIMINAL BOOK ONE
LAW who was kidnapped.
Note: Under the law, the person arrested incident to arrest must be delivered to the nearest
judicial authority at most within 36 hours under Art. 125 RPC; otherwise, the The injury feared
may be of a lesser degree
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
public officer will be liable delay in the delivery to judicial authorities. than the damage caused
by the accused.
The evil feared must be greater or at least equal to the damage caused to avoid it.
A mother who at the time of childbirth was overcome by severe dizziness and extreme debility,
and left the child in a thicket where said child died, is not liable for infanticide Par. 6.
Uncontrollable fear
because it was physically impossible for her to take home the child (People vs. Bandian, 63
Phil. 530, 1936). Elements: 1. That the threat which causes the fear is of an evil greater than,
or at least equal to, that which he is
The severe dizziness and extreme debility of the woman constitute an insuperable cause.
required to commit; and 2. That it promises an evil of such gravity and imminence
Basis: Lack of intent. that the ordinary man would have succumbed to it.
Absolutory Causes Duress as a valid defense should be based on real, imminent, or
reasonable fear for one’s life or limb and should not be speculative, fanciful, or remote fear.
Those where the act committed is a crime but for reasons of public policy and sentiment, there
is no penalty imposed. The compulsion must be of such character as to leave no opportunity to
the accused for escape or self-defense in equal combat.
Examples of absolutory causes:(DELIMA2-T2) 1. Spontaneous desistance (Art. 6) 2.
Attempted or frustrated light felonies (Art. 7) It must presuppose intimidation or threat, not force
or violence.
3. Accessories who are exempt from criminal liability by
reason or relationship (Art. 20) and in light felonies 4. Slight or less serious physical injuries
inflicted under Basis: Complete absence of freedom.
exceptional circumstances (Art. 247) 5. Persons exempt from criminal liability for theft, Par. 7.
Insuperable cause
swindling and malicious mischief (Art. 332) 6. Instigation Insuperable cause It is some motive
which has lawfully, morally or physically prevented a person to do what the law commands.
7. Trespass to dwelling when the purpose of entering another’s dwelling against the latter’s will
is to prevent some serious harm to himself, the occupants of the dwelling or a third person, or
for the purpose of It applies to felonies by omission.
rendering some service to humanity or justice, or when entering cafes, taverns, inns and other
public houses, Elements: (RFI) 1. That an act is required by law to be done; 2. That a person
fails to perform such act; and 3. That his failure to perform such act was due to some
lawful or insuperable cause.
while the same are open (Art. 280, par. 2) 8. Marriage of the offender and the offended party in
cases of seduction, abduction, acts of lasciviousness and rape (Art. 344) 9. Adultery and
concubinage if the offended party shall
have consented or pardoned the offenders.(Art. 344) Examples: The municipal president
detained the offended party for three days because to take him to the nearest justice of the
peace required a journey for three days by boat as
Entrapment is NOT an absolutory cause. A buy-bust operation conducted in connection with
illegal drug- related offenses is a form of entrapment. there was no other means of
transportation (US vs. Vicentillo, 19 Phil. 118, 1911).
Entrapment Instigation Ways and means are The distance which required a journey for three
days was
resorted to for the considered an insuperable cause.
capture of lawbreaker in the execution of his criminal plan.
Instigator induces the would-be accused to commit the crime, hence he becomes a co-principal.
24
CRIMINAL LAW BOOK ONE
Entrapment Instigation The means originates
The law enforcer from the mind of the
conceives the criminal.
commission of the crime and suggests to the accused who adopts the idea and carries it into
execution. Not a bar to the prosecution and conviction of the lawbreaker.
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS It will result in the acquittal of the
accused.
If the one who made the instigation is a private individual, not performing public function, both
he and the one induced are criminally liable for the crime committed: the former, as principal by
induction; and the latter, as principal by direct participation.
CHAPTER THREE CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY
ARTICLE 13 MITIGATING CIRCUMSTANCES
Mitigating Circumstances Those which if present in the commission of the crime, do not
entirely free the actor from criminal liability, but serve only to reduce the penalty.
A mitigating circumstance arising from a single fact absorbs all the other mitigating

circumstances arising from the same fact. Ordinary Privileged

Source Subsections 2-10 of Art. 13 (RPC).
Paragraphs 1 and 2 are privileged mitigating under Article 68 as amended by R.A 9344 and
Article 69.
Subsection 1 of Art. 13 are ordinary mitigating circumstance, if Art. 49 is not applicable.
Subsection 1 of Art. 13 of RPC, Arts. 68, 69 and 64 of RPC.
Article 64 applies only when there are two or more ordinary mitigating circumstances without
any generic aggravating circumstances.
As to the effect If not offset (by a generic aggravating circumstance) it will operate to have the
penalty imposed at its minimum period, provided the penalty is a divisible one.
It operates to reduce the penalty by one or two degrees.
As to offset May be offset by generic aggravating circumstance.
Cannot be offset by a generic aggravating circumstance.
Par. 1. Incomplete justifying or exempting circumstances Applies when all the requisites
necessary to justify the act or to exempt from criminal liability are NOT attendant. Provided,
majority of the requisites are present.
1. “Incomplete self-defense, defense of relatives, and defense of a stranger” - unlawful
aggression must be present, it being an indispensable requisite. It is considered ordinary
mitigating circumstance if only unlawful aggression is present. When two of the three requisities
(i.e., unlawful aggression and any one of the other two), the case should be considered a
privileged mitigating circumstance referred to in Art. 69 of this Code.
2. “Incomplete justifying circumstance of avoidance of greater evil or injury” – if any of
the last two requisites (i.e., injury feared be greater than that to avoid it or there be no other
practical and less harmful means of preventing it)
3.“Incomplete justifying circumstance of performance of duty” – In People vs. Oanis, when
one of the two requisities under par. 5 of Art. 11 was present, Article 69 was applied. Thus,
when the justifying or exempting circumstance has two requisites only, it seems that there is no
ordinary mitigating circumstance in this case but a privileged mitigating circumstance.
4. “Incomplete justifying circumstance of obedience to an order” –The order must always
be from a superior.
5. “Incomplete exempting circumstance of minority over 9 and under 15 years of age” – a
minor who is
25
CRIMINAL BOOK ONE LAW over 9 years of age and under 15 years old who acted
with discernment, he is entitled to a mitigating circumstance under Art. 68 but under RA 9344
said offender is exempt from criminal liability.
6. “Incomplete exempting circumstance of accident” – under par. 4 of Article 12 there are
four requisites, namely: a. a person is performing a lawful act; b. with due care; c. he causes an
injury to another by mere accident; and d. without fault or intention of causing it.
If the requisites (b) with due care and (d) without fault are absent = Art. 365, in effect there is a
mitigating circumstance because the penalty is lower than that provided for intentional felony
If the requisites (a) a person is performing a lawful act and (d) without intention of causing the
accident are absent, (positively stated, the person committed an unlawful act and had the
intention of causing the injury) = intentional felony
7. “Incomplete exempting circumstance of uncontrollable fear” – If only one of the two
requisites are present there is only a mitigating circumstance. In People vs. Magpantay (C.A.,
46 O.G. 1655 the accused was entitled to the mitigating circumstance of grave fear, not entirely
uncontrollable, under par. 1 of Art. 13in connection with par. 16 of Art. 12 of the RPC the fear of
the accused was not entirely uncontrollable for had he not been so hasty and had he stopped a
few seconds to think, he would have ascertained that there was no imminent danger.
Par. 2. Over 15 and under 18, if there is discernment or over 70 years old
It is the age of the accused at the time of the commission of the crime which should be
determined. His age at the time of the trial is immaterial.
Legal effects of various ages of offender 1. 15 and below – exempting 2. Above 15 but
under 18 – exempting unless acted with discernment. But even with discernment, penalty is
reduced by one (1) degree lower than that imposed. (Art 68, par. 2, amended by RA 9344) 3.
Child in conflict with the law under 18 years of age who acted with discernment –
sentence suspended.(Art. 192, PD 603 as amended by PD 1179, referred to as Children in
Conflict with the Law under RA 9344)
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Child in Conflict with the Law It refers to a child who is alleged as, accused of, or adjudged
as, having committed an offense under Philippine laws
18 years or over – full criminal responsibility. 70 years or over – mitigating, no imposition of
death penalty; if already imposed, execution of death penalty is suspended and commuted.
Basis: Diminution of intelligence.
Par. 3. No intention to commit so grave a wrong (Praeter Intentionem)
Rule for the application: Can be taken into account only when the facts proven show that
there is a notable and evident disproportion between the means employed to execute the
criminal act and its consequences. If the resulting felony could be expected from the means
employed, this circumstance cannot be availed of.
Intention may be ascertained by considering: (WIMB) 1. The weapon used 2. The injury inflicted
3. The manner it is inflicted 4. The part of the body injured
a. Not applicable to felonies by negligence. b. Not applicable to felonies where intention is
immaterial. c. Not appreciated in murder qualified by treachery. d. Not appreciated in cases
where there is no material
harm done.
Intent at the time of the commission of the felony, not during the planning stage, should be
considered.
Basis: Diminution of intent.
Par. 4. Provocation or threat
Provocation It is any unjust or improper conduct or act of the offended party, capable of
exciting, inciting or irritating any one.
Requisites: (SOPI) 1. The provocation must be sufficient;
SUFFICIENT means adequate to excite a person to commit the wrong and must accordingly be
proportionate to its gravity (People vs. Nabora, 73 Phil 434,435, 1941).
26
CRIMINAL LAW BOOK ONE
As to whether or not the provocation is sufficient depends upon: a. The act constituting the
provocation, b. The social standing of the person provoked, c. The place and time when the
provocation is made.
2. It must originate from the offended party; 3. The provocation must be personal and directed
to the
accused; and 4. That the provocation must be immediate to the act, or
the commission of the crime.
The threat should not be offensive and positively strong. Otherwise, the threat to inflict real
injury is an unlawful aggression, which may give rise to self-defense.
The liability of the accused is mitigated only insofar as it concerns the harm inflicted upon the
person who made the provocation, but not with regard to the other victims who did not
participate in the provocation (US v. Malabanan, 9 Phil. 262).
Basis: Diminution of intelligence and intent.
Provocation as Requisite of Incomplete Self- Defense
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS Provocation as Mitigating
Circumstance
It pertains to its absence on the part of the person defending himself.
It pertains to its presence on the part of the offended party.(People v. CA, G.R. No. 103613,
Feb. 23, 2001)
Par. 5. Vindication of grave offense Requisites: 1. That there be a grave offense done to the
one committing the felony, his spouse, ascendants, descendants, legitimate, natural or adopted
brothers or sisters or relatives by affinity within the same degrees; 2. That the felony is
committed in immediate vindication of
such grave offense.
“Immediate” allows for a lapse of time as long as the offender is still suffering from the mental
agony brought about by the offense to him.
“Grave offense” includes any act that is offensive to the offender or his relatives and the same
need not be unlawful.
The grave offense must be the proximate cause or proximate to the act of the offender.
When the aggression is in retaliation for an insult, injury or threat, the offender cannot
successfully claim self-defense but he can be given the benefit of the mitigating circumstance of
under the provisions of paragraph 4, Article 13. Provocation must be immediate to the
commission of the crime.
Factors to determine gravity of offense in vindication: 1. Social standing of the person 2.
Place 3. Time when the insult was made
Basis: Diminution of the conditions of voluntariness.
Par. 6. Passion or obfuscation
Requisites: 1. That there be an act, both unlawful and sufficient to
produce such a condition of mind; 2. That said act which produced the obfuscation was not far
removed from the commission of the crime by a considerable length of time, during which the
perpetrator might recover his normal equanimity; and 3. The act causing such obfuscation was
committed by
the victim himself.
A mitigating circumstance only when the same arises from lawful sentiments.
May lawfully arise from causes existing only in the honest belief of the offender.
The act of the offended party must be unlawful or unjust. Exercise of a right or fulfillment of duty
is not a proper source of passion and obfuscation.
This mitigating circumstance may be appreciated even if the reported act causing the
obfuscation was not true, as long as it was honestly and reasonably believed by the accused to
be true. (People vs. Guhiting, 88 Phil. 672)
Not Mitigating when:
Mitigating circumstance when: The accused acted upon an impulse.
The act is committed in a spirit of lawlessness. The impulse must be so powerful that it naturally
produced passion or obfuscation in him.
The act is committed in a spirit of revenge.
Passion/Obfuscation Provocation
Produced by an impulse which may be caused by provocation.
The provocation must come from the injured party.
27
CRIMINAL BOOK ONE LAW Passion/Obfuscation Provocation
2. Evident premeditation 3. Treachery Offense which
Must immediately engenders perturbation
precede the commission
Basis: Diminution of intelligence of intent. of mind need not be
of the crime. immediate. It is only
Par. 7. Surrender and confession of guilt required that the influence thereof lasts
Two mitigating circumstances: until the moment the
1. Voluntary surrender to a person in authority or his crime is committed.
agents. The effect is loss of reason and self-control on the
2. Voluntary confession of guilt before the court prior to part of the offender
the presentation of evidence for the prosecution.
If obfuscation and provocation arose from one and
If both are present, there will be two independent ordinary the same act, both shall be treated as
only one
mitigating circumstances. mitigating circumstance.
Requisites of voluntary surrender: (NSV) Provocation Vindication
1. That the offender had Not been actually arrested; It is made directly only to the person
committing the felony.
2. That the offender Surrendered himself to a person in
authority or to the latter’s agent; and 3. That the surrender was Voluntary.
 Person in authority He is one directly vested with jurisdiction which is the power to govern and
to execute the laws, whether as an individual or as a member of some court or governmental
corporation, board or commission.
Agent of a person in authority He is one who by direct provision of the 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 and any person who comes to the aid of persons in
authority (Art. 152, as amended by RA 1978).
When surrender is voluntary 1. Must be spontaneous. Passion/Obfuscation Irresistible
Force
It is a mitigating circumstance.
2. Intent of the accused to submit himself unconditionally
to the authorities must be either because: a. He acknowledges his guilt; or b. He wishes to save
them the trouble and expense
necessarily incurred in his search and capture. 3. The conduct of the accused determines the
spontaneity
of the arrest. 4. Intention to surrender without actually surrendering is
not mitigating. 5. Not mitigating when defendant was in fact arrested. 6. It is not required that, to
be appreciated, it be prior to the issuance of a warrant of arrest. (People vs. Turalba, G.R. No.
L-29118, Feb. 28, 1974) 7. Surrender of weapons cannot be equated with
voluntary surrender.
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
The grave offense may be committed also against the offender’s relatives mentioned by law.
The cause that brought about the provocation need not be a grave offense.
The offended party must have done a grave offense to the offender or his relatives mentioned
by law. It is necessary that the provocation or threat immediately preceded the act.
The vindication of the grave offense may be proximate, which admits of an INTERVAL of time. It
is mere spite against the one giving the provocation or threat.
It concerns the honor of a person.
It is an exempting circumstance.
Cannot give rise to irresistible force as it does not involve physical force.
Requires physical force.
Passion or obfuscation is in the offender himself.
Must come from a third person. Must arise from lawful sentiments.
Is unlawful.
Passion and obfuscation CANNOT co-exist with: (VET) 1. Vindication of grave offense
28
CRIMINAL LAW BOOK ONE

Requisites of voluntary plea of guilty: (SOPO) presentation of evidence for the prosecution; and
1. That the offender spontaneously confessed his 4. That the confession of guilt was to the offense
guilt; 2. That the confession of guilt was made in charged
open court, that is, before the competent court that in the information.
is to try the case; 3. That the confession of guilt
was made prior to the
Plea of guilty is not mitigating in culpable felonies Includes illness of the mind not amounting to
and in crimes punished by special laws. insanity.

Where in the original information the accused Kleptomania, feeblemindedness, mistaken belief
pleaded not guilty, but he pleaded guilty to the that killing witches was for public good and illness
amended information, it is considered a voluntary of nerves or moral faculty may be considered as
plea of guilty and considered a mitigating mitigating circumstances under this subparagraph
circumstance.(People vs. Ortiz, G.R. No. L- 19585, Basis: Diminution of intelligence and intent.
Nov. 29, 1965) Par. 10. Similar or Analogous
Circumstances
Basis: Lesser perversity of the
offender. Examples: 1. Impulse of jealousy, similar to
passion and obfuscation. 2. Manifestations of
Par. 8. Physical defect of Battered Wife Syndrome, analogous
offender to an illness that diminishes the exercise of
will power. 3. Over 60 years old with failing sight,
When the offender is deaf and dumb, blind or similar to over 70
otherwise suffering from some physical defect, years of age under par. 2. 4. The act of the
restricting his means of action, defense or accused leading the law enforcers to the place
communication with others. where he buried the instruments he used to
commit the crime is similar to voluntary surrender.
The physical defect must relate to the offense 5. Extreme poverty, as similar to a state of
committed. E.g. blindness does not mitigate necessity, which may apply to crimes against
estafa. property but not of violence, such as murder. 6.
Outraged feeling of unpaid creditor, as akin to
“Dumb” – lacking the power of human
vindication or obfuscation. 7. Appeal to the
speech.
esprit de corps of the accused, as
analogous to passion. 8. Wartime state of
This paragraph does not distinguish between the
confusion resulting in illegal possession of firearm
educated and uneducated person with physical
after the liberation, as being similar to lack of intent
defect.
to commit so grave a wrong. 9. Voluntary return of
funds malversed by the accused, as
Basis: Diminution of freedom of action, therefore
diminution of voluntariness. equivalent to voluntary surrender. 10.
Testifying for the prosecution without being
Par. 9. Illness of the discharged
offender from the information, as being like a plea of
guilty.
Requisites: 1. That the illness of the offender must
diminish the Circumstances which are neither exempting
exercise of his will-power; and 2. That such nor mitigating: 1. Mistake in the blow or aberratio
illness should not deprive the offender of ictus 2. Mistake in the identity 3. Entrapment 4.
Accused is over 18 years of age 5. Performance of
consciousness of his
righteous action
acts.
Specific Mitigating Circumstances 1. Illegal SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERA
detention (voluntary release within 3 days; mother
without attaining purpose; before criminal
action) 2. Adultery (abandonment of spouse) 3.
Infanticide/abortion (intent to conceal dishonor of

CHAPTER FOUR CIRCUMSTANCES WHICH

AGGRAVATE CRIMINAL LIABILITY

Aggravating Circumstances Those which, if

attendant in the commission of the crime, serve to
have the penalty imposed in its maximum period
provided by law for the offense or change the
nature of the crime.

Basis: Greater perversity of the offender

manifested in the commission of the felony as 29
shown by: 1. The motivating power itself; 2. The
place of the commission;
CRIMINAL BOOK ONE LAW 3. The means and ways employed; 4. The time; or 5. The
personal circumstances of the offender, or the
offended party.
Kinds of aggravating circumstances: 1. Generic – those that can generally apply to all
crimes found under subparagraphs 1,2,3 (dwelling), 4, 5, 6, 9, 10, 14, 18, 19, 20 except “by
means of motor vehicle” (12) a. Advantage taken of public position; b. Contempt or insult of
public authority; c. Crime committed in the dwelling of the offended
party; d. Abuse of confidence or obvious ungratefulness; e. Palace and place of commission of
offense ; f. Nighttime, uninhabited place, or band; g. Recidivism; h. Habituality; i. Craft, fraud, or
disguise; j. Unlawful entry; k. Breaking of parts of the house; l. Use of persons under 15 years of
age
2. Specific – those which apply only to specific crimes, such as ignominy in crimes against
chastity and cruelty and treachery which are applicable only to crimes against persons found
under subparagraphs 3 (except dwelling), 15, 16, 17 and 21. a. Disregard of rank, age, or sex
due the offended
party in crimes against persons and honor; b. Abuse of superior strength or means be employed
to weaken the defense; c. Treachery in crimes against persons; d. Ignominy in crimes against
chastity; e. Cruelty in crimes against persons.
3. Qualifying – those that change the nature of the crime. a. Alevosia (treachery) or evident
premeditation
qualifies the killing of a person to murder. b. Art. 248 enumerates the qualifying aggravating
circumstances which qualify the killing of a person to murder.
4. Inherent – those which of necessity accompany the commission of the crime, therefore not
considered in increasing the penalty to be imposed, such as: a. Evident premeditation in
 robbery, theft, estafa,
adultery and concubinage (CRATE); b. Abuse of public office in bribery; c. Breaking of a wall or
unlawful entry into a house in
robbery with the use of force upon things; d. Fraud in estafa; e. Deceit in simple seduction; f.
Ignominy in rape.
30
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
5. Special – those which arise under special conditions to increase the penalty of the offense
and cannot be offset by mitigating circumstances, such as: a. Quasi-recidivism (Art.160); b.
Complex crimes (Art.48); c. Error in personae (Art.49); d. Taking advantage of public position
and membership in an organized/syndicated crime group (Par. 1[a], Art. 62); e. Use of
unlicensed firearm in homicide or murder.
Generic Aggravating Qualifying
Aggravating As to its effect Increases the penalty which should be imposed upon the accused
to the maximum period but without exceeding the limit prescribed by law.
To give the crime its proper and exclusive name and to place the author thereof in such a
situation as to deserve no other penalty than that specially prescribed by law for said crime. As
to whether it can be offset by a mitigating circumstance May be offset by an ordinary
mitigating circumstance since it is not an ingredient of the crime.
Cannot be offset by a mitigating circumstance since it is considered an ingredient of the crime.
Rules on aggravating circumstances 1. Aggravating circumstances shall not be appreciated
if:
a. They constitute a crime specially punishable by law;
or b. They are included by the law in defining a crime and
prescribing a penalty therefore.
Example: “That the crime be committed by means of fire, explosion” (Art. 14, par. 12) is in itself
a crime of arson (Art. 321).
2. The same rule shall apply with respect to any aggravating circumstance inherent in the crime
to such a degree that it must of necessity accompany the commission thereof (Art. 62, par. 2).
Example: Evident premeditation is inherent in theft, robbery, estafa, adultery and concubinage.
3. Aggravating circumstances which arise:
a. From the moral attributes of the offender; or b. From his private relations with the offended
party; or c. From any personal cause, shall only serve to aggravate the liability of the principals,
accomplices and accessories as to whom such circumstances
CRIMINAL LAW BOOK ONE

are attendant (Art. 62, par. 3) even if there aggravate the liability of those persons only who
was conspiracy. had knowledge of them at the time of the
execution of the act or their cooperation therein.
4. The circumstances which
consist: Exception: When there is proof of conspiracy
a. In the material execution of the act, or b. In the in which case the act of one is deemed to be
means employed to accomplish it, shall serve to the act of all, regardless of lack of knowledge of
the facts constituting the circumstance. (Art.
 62, par. 4) this aggravating circumstance cannot be
appreciated.
5. Aggravating circumstances, regardless of its
kind, should be specifically alleged in the It is also inherent in the case of accessories under
information AND proved as fully as the crime itself Art. 19, par. 3 (harboring, concealing, or assisting
in order to increase the penalty. (Sec. 9, Rule 110, in the escape of the principal of the crime), and in
2000 Rules of Criminal Procedure)Such crimes committed by public officers (Arts. 204-
circumstances are not presumed (People v. 245).
Legaspi, G.R. Nos. 136164-65, April 20, 2001).
RA 7659 provides that crimes committed by a
6. When there is more than one qualifying public officer will be given the penalty prescribed at
aggravating circumstance present, one of them will its maximum, regardless of the nature and number
be appreciated as qualifying aggravating while the of mitigating circumstances.
others will be considered as generic aggravating.
Par. 2.That the crime be committed in contempt
ARTICLE 14 AGGRAVATING of or with insult to the public authorities.
CIRCUMSTANCES
Basis: Greater perversity of the offender as shown
Par. 1.That advantage be taken by the offender by his lack of respect for the public authorities.
of his public position.
Requisites: (ExNoKP) 1. That the public authority
Basis: Greater perversity of the offender as is engaged in the exercise of
shown. 1. By the means of personal circumstance his functions; 2. That the public authority is
of the offender. 2. By the means used to secure not the person against
the commission of the whom the crime is committed; 3. The
crime. offender knows him to be a public authority; and 4.
His presence has not prevented the offender from
Applicable only when the offender is a public committing the criminal
officer. act.

As a means by which he realizes his purpose, the Teachers or professors of a public or recognized
public officer must use: (IPA) a. Influence, b. private school and lawyers are NOT “public
Prestige or c. Ascendancy. authority” within the contemplation of this
paragraph.
It cannot be taken into consideration in offenses
where taking advantage of official position is an Par 2 of Art. 14does NOT apply when crime is
integral element of a crime. Example: Malversation committed in the presence of an agent of a person
under Art. 217 in authority only.

There must be deliberate intent to use the IPA thus Notes: Knowledge that a public authority is
when coupled with circumstances where intent is present is essential. Lack of such knowledge
lacking (i.e., the crime was attendant of indicates lack of intention to insult the public
negligence, passion or authority.
obfuscation, vindication, or sufficient provocation)
If crime committed is against the public authority shown by: 1. personal circumstances of the
while in the performance of his duty, the offender offended party and
commits direct assault without this aggravating
circumstance.
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERA
Par. 3.That the act be committed: 1. With insult party,
or in disregard of the respect due the provoc
offended party on account of his a. rank, b.
age, or c. sex, or 2. That it be committed in the
dwelling of the offended

31
Basis: Greater perversity of the offender as
CRIMINAL BOOK ONE LAW 2. the place of the commission of the crime
Definitions:
The designation or title
Rank of the offended party
of distinction used to fix the relative position of the offended party in reference to others
Age of the offended party
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May refer to old age or the tender age of the victim Sex of the offended party
Refers to the female sex, not to the male sex
The four circumstances enumerated can be considered singly or together.
If all the four circumstances are present, they have the weight of one aggravating circumstance
only.
Disregard of rank, age or sex is essentially applicable only to crimes against person or honor
and has common denominator which is the respect due to the offended party
Offender must deliberately offend the rank, age or sex of the offended party.
There must be a difference in the social condition of the offender and the offended party.
The aggravating circumstance of disregard of rank, age, or sex is NOT applicable in the
following cases: 1. When the offender acted with passion and obfuscation. 2. When there
exists a relationship between the offended
party and the offender. 3. When the condition of being a woman is indispensable in the
commission of the crime (e.g. abduction, seduction and rape).
Dwelling It must be a building or structure, EXCLUSIVELY USED FOR REST AND COMFORT.
A “combination of a house and a store” or a market stall where the victim slept is not a dwelling.
Dwelling includes dependencies, the foot of the staircase and enclosure under the house.
The aggravating circumstance of dwelling requires that the crime be wholly or partly committed
therein or in any integral part thereof.
32
Dwelling does not mean the permanent residence or domicile of the offended party or that he
must be the owner thereof. He must, however, be actually living or dwelling therein even for a
temporary duration or purpose. It is not necessary that the accused should have actually
entered the dwelling of the victim to commit the offense (i.e. triggerman fired the shot from
 outside the house, his victim was inside).
Even if the killing took place outside the dwelling, it is aggravating provided that the commission
of the crime begun in the dwelling.
In People v. Balansi (187 SCRA 566, 1990) it was held that the victim need not be the owner or
occupant of the dwelling where he was shot.
Dwelling is not included in the qualifying circumstance of treachery.
What aggravates the commission of the crime in one’s dwelling: 1. The abuse of
confidence which the offended party
reposed in the offender by opening the door to him; or 2. The violation of the sanctity of the
home by trespassing therein with violence or against the will of the owner.
Dwelling was found aggravating in the following cases although the crime was
committed NOT in the dwelling of the victims: 1. The victim was raped in the boarding house
where she
was a bedspacer; 2. The victims were raped in paternal home where they
were guests at that time; 3. The victims, while sleeping as guests in the house of
another person, were shot to death.
Note: The Code speaks of “dwelling” NOT domicile.
Meaning of provocation in the aggravating circumstance of dwelling: The provocation
must be: (GSI) 1. Given by the owner of the dwelling, 2. Sufficient, and 3. Immediate to the
commission of the crime.
If all these conditions are present, it is NOT an aggravating circumstance.
The provocation must also have a close relation to the commission of the crime in the dwelling.
Reason: When it is the offended party who has provoked the incident, he loses his right to the
respect and consideration due him in his own house.
CRIMINAL LAW BOOK ONE

Dwelling is NOT aggravating in the following without the necessity of trespassing the sanctity
cases: 1.When both the offender and the offended of the offended party’s house.
party are
occupants of the same house. Exception: In 3.In the crime of trespass to dwelling, it is inherent
case of adultery in the conjugal dwelling, the or
same is aggravating. However, if the paramour included by law in defining the crime.
also dwells in the conjugal dwelling, the 4.When the owner of the dwelling gave sufficient
applicable aggravating circumstance is abuse of and
confidence. immediate provocation. 5. The
victim is not a dweller of the house.
2. When robbery is committed by the use of force
upon things, dwelling is not aggravating because it Par. 4.That the act be committed
is inherent. with 1. Abuse of confidence, or 2.
Obvious ungratefulness.
But dwelling is aggravating in robbery with
violence against or intimidation of persons Basis: Greater perversity of the offender as shown
because this class of robbery can be committed by the means and ways employed.
Par. 4 provides two aggravating circumstances Basis: Greater perversity of the offender as shown
which, if present in the same case must be by the place of the commission of the crime, which
independently appreciated. must be respected.

Requisites of abuse of confidence: (TAF) 1. Must be dedicated to public religious worship;

That the offended party had Trusted the offender; private chapels not included.
2. That the offender Abused such trust by
committing a People vs. Jaurigue (76 Phil. 174, 182) – there
crime against the offended party; 3.That the must be intention to desecrate the place dedicated
abuse of confidence Facilitated the commission to public religious worship and hold said worship
of the crime. regularly in said place.

The confidence between the offender and the The President or Chief Executive need not be in
offended party must be immediate and personal. the Palace to aggravate the liability of the offender
under no. 2 above. As long as he was present, and
It is not a mere betrayal of trust, since the offended his presence is known to the accused when he did
party must be the one who actually reposed his the crime, there is aggravating circumstance.
confidence in the offender.
Except for the third which requires that official
Note: Abuse of confidence is inherent in: (STEM) functions are being performed at the time of the
a. qualified seduction (Art. 337). b. qualified theft commission of the crime, the other places
(Art. 310); c. estafa by conversion or mentioned are aggravating per se even if no official
misappropriation (Art. 315); and d. duties or acts of religious worship are being
malversation(Art. 217); conducted there.
Requisites of obvious ungratefulness: (TAOU)
1. That the offended party had trusted the offender; Cemeteries are not considered as place dedicated
2. That the offender abused such trust by to the worship of God.
committing a
crime against the offended party; 3. That the Offender must have intention to commit a crime
act be committed with obvious ungratefulness. when he entered the place.

The ungratefulness contemplated by par. 4 must An electoral precinct or polling place during
be such obvious, clear and manifest ingratitude on election day is a place “where public authorities are
the part of the accused. engaged in the discharge of their duties”.

Par. 5.That the crime be committed: 1 In the

palace of the Chief Executive, or 2. In his
presence, or 3. Where public authorities are
engaged in the
discharge of their duties, or 4. In
a place dedicated to religious worship. SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERA
33
CRIMINAL BOOK ONE LAW Par. 5. Where Public
Authorities are Engaged in the Discharge of their Duties
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
One where there are no Par. 2. Contempt or
houses at all; a place at Insult to Public
a considerable distance Authorities
from town, or where the houses are scattered at Public authorities are in the performance of
their
a great distance from duties each other.

Place where public duty is performed In their office Outside of their office
The offended party May or may not be the
Band (en cuadrilla) public authority
Uninhabited place (despoblado)
Whenever more than three (i.e. at least four) armed malefactors shall Public authority should
not be the offended party.
have acted together in the commission of an offense, it shall be deemed committed by a
Par. 6.That the crime be committed
band.
1. In the nighttime, or 2. In an uninhabited place, or 3. By a band, whenever such
circumstance facilitate the commission of the offense.
1. Nighttime may
It is necessary that the commission of the crime was begun and completed at nighttime.
Basis: On the time and place of the commission of the crime and means and ways employed.
When the place of the crime is illuminated by light, nighttime is not aggravating. Illumination may
come from moon, torch, or gasera. There are three aggravating circumstances in this paragraph
It cannot be applied to cases involvingan accidental meeting, a chance encounter or spurs of
the moment. When present in the same case and their element are distinctly palpable and can
subsist independently, they shall be considered separately.
Circumstance of nocturnity, although not specially sought for, shall aggravate criminal liability if
it facilitated the commission of the offense or the offender took Not applicable when the
mitigating circumstances of
advantage of the same to commit the crime. passion or obfuscation or sufficient provocation are
present in the commission of the crime.
It is not considered as an aggravating circumstance when the crime began at daytime. The
commission of When nighttime, uninhabited place or band
the crime should begin and end at nighttime. aggravating: 1. When it facilitated the commission
of the crime
(objective); or 2. When especially sought for by the offender to insure the commission of the
crime or for the purpose of impunity (subjective); or 3. When the offender took advantage
thereof for the
purpose of impunity (subjective).
General Rule: Nighttime is absorbed in treachery. Exception: Where both the treacherous
mode of attack and nocturnity were deliberately decided upon in the same case, they can be
considered separately if such circumstances have different factual bases. In People vs. Berdida
(G.R. No. L-20183; June 30, 1966), the Supreme Court ruled that “inasmuch as the treachery
consisted in the fact that the victims' hands were tied at
That period of darkness
Nighttime (obscuridad)
beginning at end of dusk and ending at dawn. Nights are from sunset to sunrise.
the time they were beaten, the circumstance of nighttime is not absorbed in treachery, but can
be perceived distinctly therefrom, since the treachery rests upon an independent factual basis.
A special case therefore is present to which the rule that nighttime is absorbed in treachery
does no apply.”
2. Uninhabited place
The determining factor for the existence of this circumstance is the reasonable possibility of the
victim receiving or securing aid from third persons.
34
CRIMINAL LAW BOOK ONE
This should not be considered when the place where the crime was committed could be seen
and the voice of the deceased could be heard from a nearby house.
It must appear that the solitude of the place where the crime was committed was sought in order
to better attain the purpose. It cannot be applied in cases of chance encounters.
3. Band
The four armed persons contemplated in this circumstance must ALL be principals by direct
participation who acted together in the execution of the acts constituting the crime. In this case,
conspiracy is presumed. If one of them was a principal by inducement, the aggravating
circumstance of having acted with the aid of armed men may be considered.
It absorbs the aggravating circumstances of abuse of superior strength and use of firearms
(except when the firearm has no license or there is a lack of license to carry the firearm) if they
are present in the commission of the crime.
This aggravating circumstance is not applicable in crimes against chastity, but is considered in
crimes against property, crimes against persons, illegal detention, and treason.
This aggravating circumstance is inherent in brigandage.
“Arm” may even refer to stone.
When the armed men met up casually with others, and a crime was thereafter committed, it
cannot be considered as an aggravating circumstance.
Par. 7.That the crime be committed on the occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity or misfortune.
Basis: The time of the commission of the crime.
Reason for the aggravation: In the midst of a great calamity, the offender, instead of lending
aid to the afflicted, adds to their suffering by taking advantage of their misfortune to despoil
them. It is necessary that the offender took advantage of the calamity or misfortune.
“Other calamity or misfortune” – refers to other conditions of distress similar to those preceding
in the enumeration.
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There should be deliberate intent to take advantage of this circumstance. It is inapplicable to
cases attendant of negligence or carelessness, passion of obfuscation and chance encounters
Par. 8.That the crime be committed with the aid of: 1. Armed men, or 2. Persons who
insure or afford impunity.
Basis: means and ways of committing the crime
Requisites: 1.That armed men or persons took part in the commission
of the crime, directly or indirectly; 2.That the accused availed himself of their aid or relied
upon them when the crime was committed.
“Armed” – equipped with a weapon (Black’s Law Dictionary) This requires that the armed men
are ACCOMPLICES who take part in that minor capacity directly or indirectly, and not when
they were merely present at the crime scene. Neither should they constitute a band, for then the
proper aggravating circumstance would be “by a band.”
When this aggravating circumstance shall NOT be considered: 1. When both the attacking
party and the party attacked
were equally armed. 2. When the accused as well as those who cooperated with him in the
commission of the crime acted under the same plan and for the same purpose.
Par. 8. “With the Aid
Par. 6 “By a Band”
of Armed Men” As to their number Requires more than three armed malefactors (i.e., at least
four)
At least two
As to their action Requires that more than three armed malefactors shall have acted together
in the commission of an offense.
This circumstance is present even if one of the offenders merely relied on their aid, for actual
aid is not necessary. As to their liability Band members are all principals.
Armed men are mere accomplices.
Mere moral or psychological aid or reliance is sufficient to constitute this aggravating offense.
35
CRIMINAL BOOK ONE LAW If there are four armed men, aid of armed men is
absorbed in employment of a band.
“Aid of armed men” includes “armed women” (People vs. Licop, 94 Phil. 839, 846).
Persons who insure or afford impunity must have or be in a position to afford impunity (ex. A
judge)
Par. 9.That the accused is a recidivist (reincidencia)
Basis: Greater perversity of the offender, as shown by his inclination to crimes
Recidivist He 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 the RPC
Note: A Recidivist is entitled to the benefits of the Indeterminate Sentence Law but is
disqualified from availing credit of his preventive imprisonment.
Requisites: (TC2S) 1. That the offender is on trial for an offense; 2. That he was previously
convicted by final judgment of
another crime; 3. That the offender is convicted of the new offense; 4. That both the first and the
second offenses are
embraced in the Same title of the Code.
Meaning of “at the time of his trial for one crime” a. It is employed in its general sense. b. It
is meant to include everything that is done in the course of the trial, from arraignment until after
sentence is announced by the judge in open court. c. In recidivism, it is sufficient that the
succeeding offense be committed after the commission of the preceding offense provided that
at the time of his trial for the second offense, the accused had already been convicted of the first
offense. d. If both offenses were committed on the same date, they shall be considered as only
one, hence, they cannot be separately counted in order to constitute recidivism. Also, judgments
of convicted handed down on the same day shall be considered as only one conviction. e. To
prove recidivism, it is necessary to allege the same in the information and to attach thereto
certified copy of the sentences rendered against the accused. f. Recidivism must be taken into
account no matter how many years have intervened between the first and second felonies. g.
Even if the accused was granted a pardon for the first offense, but he commits another felony
embraced in
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SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
the same title of the Code, the first conviction is still counted to make him a recidivist, since
pardon does not obliterate the fact of his prior conviction. h. Example of a recidivist is when the
accused was convicted previously of homicide and was now convicted of the crime of rape.
Both are under Title Eight of Book Two of the RPC, Crimes against persons. i. RA 8353 also
known as Anti-Rape Law of 1997
reclassified rape as Crime against persons.
When the accused is granted:
Pardon Amnesty Even if the accused was granted a pardon for the first offense, the first
conviction is still counted to make him a recidivist since pardon does not obliterate the fact of his
prior conviction.
In the case of amnesty which theoretically considers the previous transgressions as not
punishable. According to Art. 89, amnesty extinguishes the penalty and all its effects.
Par. 10. That the offender has been previously punished 1. For 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.
Basis: Greater perversity of the offender as shown by his inclination to crimes
Requisites of reiteracion or habituality:(TPC) 1. That the accused is on trial for an offense; 2.
That he previously served sentence for another offense to which the law attaches (not the
penalty actually imposed): a. Equalor greater penalty, or b. For two or more crimes to which it
attaches a lighter
penalty than that for the new offense; and 3. That he is convicted of the new offense.
If the second offense or crime is punishable under a special law, it cannot be considered under
reiteracion because Arts. 13, 14 and 15 of the RPC are not applicable to special law crimes.
Reiteracion Recidivism As to the first offense It is necessary that the offender shall have
served out his sentence for the first
It is enough that a final judgment has been rendered in the first offense.
CRIMINAL LAW BOOK ONE
offense. As to the kind of offenses involved The previous and subsequent offenses must not be
embraced in the same title of the Code.
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS Requires that the offenses be
included in the same title of the Code.
As to frequency Not always an aggravating circumstance.
Always to be taken into consideration in fixing the penalty to be imposed upon the accused.
Four forms of repetition
 Recidivism (par. 9,Art. 14) – Generic Aggravating Circumstance
Where a person, on separate occasions, is convicted of two offenses embraced in the same title
in the RPC.
Reiteracion or Habituality(par. 10, Art. 14) – Generic Aggravating Circustance
Where the offender has been previously punished for an offense to which the law attaches an
equal or greater penalty or for two crimes to which it attaches a lighter penalty.
Multi-recidivism or Habitual delinquency (Art. 62, par, 5) – Extraordinary Aggravating
Circumstance
Where a person 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, robbery, theft, estafa or falsification, is found
guilty of the said crimes a third time or oftener.
Quasi-recidivism (Art. 160) – Special Aggravating Circumstance
Where a person commits felony before beginning to serve or while serving sentence on a
previous conviction for a felony.
Since reiteracion provides that the accused has duly served the sentence for his previous
conviction/s, or is legally considered to have done so, quasi-recidivism cannot at the same time
constitute reiteracion, hence this
aggravating circumstance cannot apply to a quasi- recidivist.
If the same set of facts constitutes recidivism and reiteracion, the liability of the accused should
be aggravated by recidivism which can easily be proven.
The court must exercise its discretion in applying this aggravating circumstance in favor of the
accused.
Par. 11.That the crime be committed in consideration of a price, reward or promise.
Basis: Greater perversity of the offender, as shown by the motivating power itself
To consider this circumstance, the price, reward or promise must be the primary reason or
primordial motive for the commission of the crime.
Whose liability is aggravated: If Alleged as a General Circumstance
If Alleged as Qualifying Circumstance Only the liability of the receiver is affected.
Both the liability of the giver and the receiver are affected.
There must be two or more principals, the one who gave or offered the price or promise and the
one who accepted it, both of whom are principals.
If without previous promise it was given voluntarily after the crime had been committed, it should
not be taken into consideration for the purpose of increasing the penalty.
The price, reward or promise need not consist of or refer to material things or that the same
were actually delivered.
It is sufficient that the offer made by the principal by inducement be accepted by the principal by
direct participation before the commission of the offense.
Par. 12. That the crime be committed by means of (FIPE-SAD) 1. Fire, 2. Inundation, 3.
Poison, 4. Explosion, 5. Stranding of a vessel or intentional damage thereto, 6. By the
use of any other artifice involving great
waste and ruin, or 7. Derailment of a locomotive.
Basis: Means and ways employed
37
CRIMINAL BOOK ONE LAW Inundation It refers to use of water or causing the water
to flood in the commission of the offense.
When another aggravating circumstance already qualifies the crime, any of these aggravating
circumstances shall be considered as generic aggravating circumstance only.
When there is no actual design to kill a person in burning a house, it is plain arson even if a
person is killed. Had there been an intent to kill, the crime committed is murder, qualified by
circumstance that the crime was committed “by means of fire”.
“Fire,” “explosion,” and “derailment of locomotive” may be part of the definition of a particular
crime, such as, arson, crime involving destruction, and damages and obstruction to means of
communication. In these cases, they do not serve to increase the penalty.
A killing committed through any of these qualifies the crime to murder, except if arson was
resorted to but without intent to kill, in view of P.D. 1613 which provides a specific penalty for
that situation.
Par. 7 “On the Par. 12 “By Means of
Occasion of a Inundation, Fire, etc.”
Conflagration, Shipwreck, etc. The crime is committed by means of any such acts involving
great waste or ruin.
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The crime is committed on the occasion of a calamity or misfortune.
Rules as to the use of fire:
Act of the Accused Crime Committed Intent was only to burn but somebody died
Simple arson but with a specific penalty (Art.326) If fire was used as a means to kill
Murder
If fire was used to conceal the killing
Separate crimes of arson and murder/ homicide
Par. 13. That the act be committed with evident premeditation
Basis: Reference to the ways of committing the crime because evident premeditation implies a
deliberate planning of the act before executing it.
Requisites: The prosecution must prove – (TADS)
38
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. The date and time when the crime was committed, to
compute the lapse of time; and 4. 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.
Essence: The execution of the criminal act is preceded by cool thought and reflection upon the
resolution to carry out the criminal intent within a space of time sufficient to arrive at a calm
judgment (People vs. Abadies, GR No. 135975, August 14, 2002).
There must be sufficient time between the outward acts and the actual commission of the crime.
Evident premeditation is presumed to exist when conspiracy is directly established (People vs.
Sapigao, et. al., GR No. 144975, June 18, 2003).
Premeditation is absorbed by reward or promise but only insofar as the inducer is concerned
since he obviously reflected thereon in planning the crime but not the person induced since one
can be a principal by direct participation without the benefit of due reflection.
In order for evident premeditation to exist, the person premeditated against must be the same
victim of the crime. It is not necessary that the victim is identified. It is sufficient that the victim is
determined so as he belongs to a group or class that may be premeditated against (Ortega,
2009).
If the offender premeditated on the killing of any person, it is proper to consider against the
offender the aggravating circumstance of premeditation, because whoever is killed by him is
contemplated in his premeditation.
Evident premeditation, while inherent in robbery, may be aggravating in robbery with homicide if
the premeditation included the killing of the victim. It is a general rule that evident premeditation
is not applicable in error in personae or aberratio ictus, except if there was a general plan to kill
anyone to commit the crime premeditated.
Evident premeditation is compatible with the mitigating circumstance of immediate vindication of
a relative for a grave offense.
CRIMINAL LAW BOOK ONE
Par. 14 – That (CFD) 1. Craft, 2. Fraud, or 3. Disguise be employed
There are three aggravating circumstances under this paragraph.
Basis: Means employed in the commission of the crime
Craft(astucia)
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS Involves the use of intellectual
trickery or cunning on the part of the accused to aid in the execution of his criminal design.
Fraud (fraude)
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 (disfraz) Resorting to any device to
conceal identity.
Fraud Craft Where there is a direct inducement by insidious words or machinations, fraud is
present.
The act of the accused done in order not to arouse the suspicion of the victim constitutes craft.
This is characterized by the intellectual or mental rather than the physical means to which the
criminal resorts to carry out his design.
Fraud According to Justice Regalado, the fine distinctions between “craft” and “fraud” would not
really be called for as these terms in Art. 14 are variants of means employed to deceive the
victim and if all are present in the same case, they shall be applied as a single aggravating
circumstance. Craft and fraud may be absorbed in treachery if they have been deliberately
adopted as the means, methods or forms for the treacherous strategy, or they may co-exist
independently.
Fraud is inherent in estafa
Disguise The test of disguise is whether the device or contrivance resorted to by the offender
was intended to or did make
identification more difficult, such as the use of a mask or false hair or beard.
Par. 15.That 1. Advantage be taken of superior strength, or 2. Means be employed to
weaken the defense.
There are two aggravating circumstances under this paragraph.
Basis: Means employed in the commission of the crime.
Par. 15 enunciates two aggravating circumstances either of which qualifies a killing to murder.
Advantage be taken
To deliberately use excessive force that is out of proportion to the means for self-defense
available to the person attacked. (People vs. Lobrigas, et. al., GR No. 147649, December 17,
2002)
Means employed to weaken defense
The offender employs means that materially weakens the resisting power of the offended party.
No advantage of superior strength in the following: 1. One who attacks another with
passion and obfuscation
does not take advantage of his superior strength. 2. When a quarrel arose unexpectedly and the
fatal blow was struck at a time when the aggressor and his victim were engaged against each
other as man to man.
For abuse of superior strength, the test is the relative strength of the offender and his victim,
whether or not he took advantage of his greater strength.
When there are several offenders participating in the crime, they must all be principals by direct
participation and their attack against the victim must be concerted and intended to be so. Abuse
of superior strength is inherent in the crime of parricide where the husband kills the wife.
Abuse of superior strength is also present when the offender uses a weapon which is out of
proportion to the defense available to the offended party.
When the victim was alternately attacked, there is no abuse of superior strength.
39
Abuse of Superior
CRIMINAL BOOK ONE LAW By a Band
Strength
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2. That the offender consciously adopted the particular means, method or form of attack
employed by him. Appreciated when the offense is committed by more than three armed
malefactors regardless of the
The TEST of treachery is not only the relative position of the parties but, more specifically,
whether or not the victim was forewarned or afforded the opportunity to make a defense or to
ward off the attack. comparative strength of the victim or victims.
The gravamen of abuse of superiority is the taking advantage by the culprits of their collective
strength to overpower their rela- tively weaker victim or victims. What is taken into account here
is not the number of aggressors
Rules regarding treachery: 1. Applicable only to crimes against persons. 2. Means, methods
or forms need not insure
accomplishment of crime. 3. The mode of attack must be consciously adopted. nor the fact that
they are armed, but their relative physical strength vis-a vis the
Treachery is taken into account even if the crime against the person is complexed with another
felony involving a different classification in the Code. offended party.
The suddenness of attack does not, of itself, suffice to Abuse of superior strength absorbs
cuadrilla(“band”).
support a finding of alevosia, even if the purpose was to kill, so long as the decision was made
all of a sudden and Note: The means employed may amount to treachery
the victim’s helpless position was accidental. when the victim is not able to put up any sort of
resistance.
Treachery must be appreciated in the killing of a child even if the manner of attack is not shown.
Examples of “means employed to weaken defense”: 1. Where one, struggling with another,
suddenly throws a cloak over the head of his opponent and while in this situation he wounds or
kills him. 2. One who, while fighting with another, suddenly casts
Treachery is appreciated when the accused employed means to render the victim defenseless
before the commission of the crime, or to eliminate the risk of defense on the part of the
offended party. sand or dirt upon the latter eyes and then wounds or kills him.
Important questions to answer: 1. Was the attack sudden and unexpected? This
circumstance is applicable only to crimes against persons, and sometimes against person and
property, such as robbery with physical injuries or homicide.
2. Did the offended party have opportunity to defend
himself? 3. Was the mode of the attack deliberately or consciously adopted by the accused to
insure execution without Par. 16.That the act be committed with treachery (alevosia).
risk to himself? If the answers to all these questions is YES, then treachery is present.
Basis: Means and ways employed in the commission of the crime
When must treachery be present: 1. When the aggression is continuous, treachery must be
present in the BEGINNING of the assault (People vs. Treachery (alevosia) It is present when
the offender commits any of the crimes against 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
Manalad, GR No. 128593, August 14, 2002). 2. When the assault was not continuous, in that
there was interruption, it is sufficient that treachery was present at the moment the fatal blow
was given (US vs. Baluyot, 40 Phil 385, 1919). defense which the offended party might make.
Hence, even though in the inception of the aggression Requisites of treachery: 1. That at the
time of the attack, the victim was not in a
position to defend himself; and
which ended in the death of the deceased, treachery was not present, if there was a break in
the continuity of the aggression and at the time of the fatal wound was inflicted on the deceased
he was defenseless, the circumstance of treachery must be taken into account.
40
CRIMINAL LAW BOOK ONE
Alevosia should be considered even if: 1. The victim was not predetermined but there was a
generic intent to treacherously kill any first two persons belonging to a class. (The same rule
obtains for evident premeditation). 2. There was aberratio ictus and the bullet hit a person
different from that intended. 3. There was error in personae, hence the victim was not
the one intended by the accused.
Reason for the rule: When there is treachery, it is impossible for either the intended victim or
the actual victim to defend himself against the aggression.
Treachery absorbs (CAN-ACE) 1. Craft 2. Abuse of superior strength 3. Nighttime 4. Aid of
armed men 5. Cuadrilla (“band”) 6. Employing means to weaken the defense
Treachery cannot co-exist with passion or obfuscation (People vs. Pansensoy, GR No. 140634,
Sept. 12, 2002).
Par. 17.That means be employed or circumstances brought about which add ignominy to
the natural effects of the act.
Basis: Means employed
Ignominy It is a circumstance pertaining to the moral order, which adds disgrace and obloquy
to the material injury caused by the crime
Note: This is inherent in libel and acts of lasciviousness.
Meaning of “which add ignominy to the natural effects thereof” The means employed or
the circumstances brought about must tend to make the effects of the crime more humiliating to
victim or to put the offended party to shame, or add to his moral suffering (People vs. Carmina,
G.R. No. 81404, January 28, 1991).
Injured party must not be dead when the act causing ignominy was inflicted to him.
Applicable to: a. Crimes against chastity, b. Less serious physical injuries, c. Light or grave
coercion, and d. Murder.
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Par. 18.That the crime be committed after an unlawful entry.
Basis: Means and ways employed to commit the crime
Unlawful entry It is when an entrance (and not for escape) is effected by a way not intended
for the purpose.
Reason for aggravation: One who acts, not respecting the walls erected by men to guard their
property and provide for their personal safety, shows a greater perversity, a greater audacity;
hence, the law punishes him with more severity.
Unlawful entry is inherent in: 1. Robbery with the use of force upon things; 2. Trespass to
dwelling.
Par. 19 .That as a means to the commission of a crime, a (WaRooFDoW) 1. Wall, 2. Roof,
3. Floor, 4. Door, or 5. Window be broken.
Basis: Means and ways employed to commit the crime
This circumstance is aggravating only in those cases where the offender resorted to any of said
means to enter the house.
Par. 19 Par. 18 It involves the breaking (rompimiento) of the enumerated parts of the house.
Presupposes that there is no such breaking as by entry through the window
If the offender broke a window to enable himself to reach a purse with money on the table near
that window, which he took while his body was outside of the building, the crime of theft was
attended by this aggravating circumstance. It is not necessary that the offender should have
entered the building.
Par. 20. That the crime be committed: 1. with the aid of persons under fifteen years of
age,
or 2. by means of motor vehicles, airships, or other
similar means.
Basis: Means and ways employed to commit the crime
41
CRIMINAL BOOK ONE LAW Two different circumstances grouped in this
paragraph: 1. With the aid of persons under fifteen years of age.
Tends to repress, so far as possible, the frequent practice resorted to by professional criminals
to avail themselves of minors taking advantage of their irresponsibility.
2. By means of motor vehicles, airships, or other similar
means.
Intended to counteract the great facilities found by modern criminals in said means to commit
crime and flee and abscond once the same is committed.
Use of motor vehicle is aggravating where the accused purposely and deliberately used the
motor vehicle in: a. going to the place of the crime, b. carrying away the effects thereof, and c. in
facilitating their escape.
Meaning of “or other similar means” Should be understood as referring to motorized vehicles
or other efficient means of transportation similar to automobile or airplane.
Par. 21.That the wrong done in the commission of the crime be deliberately augmented
by causing other wrong not necessary for its commission.
Basis: Ways employed to commit the crime
Cruelty It is cruelty when the culprit enjoys and delights in making his victim suffer slowly and
gradually, causing unnecessary physical pain in the consummation of the criminal act.
Requisites of cruelty: 1. That the injury caused be deliberately increased by
causing other wrong; 2. That the other wrong be unnecessary for the execution
of the purpose of the offender.
Cruelty is inherent in: a. Crimes against persons b. Mutilation
There must be positive proof that the wounds found on the body of the victim were inflicted
while he was still alive in order to unnecessarily prolong physical suffering.
42
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
Number of wounds alone does not show cruelty, it being necessary to show that the accused
deliberately and inhumanly increased the sufferings of the victims (People v. Aguinaldo, 55 Phil.
610, 615-616).
If the victim was already dead when the acts of mutilation were being performed, this would also
qualify the killing to murder due to outraging of his corpse. But since the victim is already dead,
cruelty cannot be appreciated in this case.
Ignominy (Par.17) Cruelty (Par. 21) Involves moral suffering
Refers to physical suffering
Unlike mitigating circumstances (par. 10, Art. 13), there is no provision for aggravating
circumstances of a similar or analogous character.
Other Aggravating Circumstances Under Special Penal Laws
R.A 9165, Comprehensive Dangerous Drugs Act of 2002
When a crime is committed by an offender who is under the influence of dangerous drugs, such
state shall be considered as a qualifying aggravating circumstance.
Use of Unlicensed Firearm (PD No. 1866 as amended by R.A. 8294)
1. (Sec. 1, par.3) If homicide or murder is committed with the use of an unlicensed firearm, such
use of an unlicensed firearm shall be considered as an aggravating circumstance.
2. (Sec. 3) when a person commits any crime under the Revised Penal Code or special laws
with the use of explosives including but not limited to pillbox, molotov cocktail bombs, denotation
agents or incendiary devices resulting in
CRIMINAL LAW BOOK ONE
the death of a
effects of the crime and the other conditions attending its person, the same is
commission. aggravating.
The alternative circumstances are: (RID) Organized/Syndicated
1. Relationship; Crime Group under
2. Intoxication; and R.A. 7659
3. Degree of instruction and education of the offender.
Relationship The alternative circumstance of relationship shall be taken into consideration
when the offended party is the – (SADBroSA) a. Spouse, b. Ascendant, c. Descendant, d.
Legitimate, natural, or adopted brother or sister, or e. Relative by affinity in the same degree of
the
offender.
Other relatives included: a.The relationship of stepfather or stepmother and
stepson or stepdaughter. Reason: It is the duty of the stepparents to bestow upon their
stepchildren a mother’s/father’s affection, care and protection. b. The relationship of adopted
parent and adopted child. But the relationship of uncle and niece is not covered by any of the
relationship mentioned.
Application of Alternative Circumstances:
1. CRIMES AGAINST PROPERTY
Mitigating in the crimes against property (RUFA): a. Robbery (Arts. 294-302), b. Usurpation
(Art. 312), c. Fraudulent Insolvency(Art. 314) d. Arson (Arts. 321-322, 325-326).
Exempting circumstance in the crimes of: a. Theft, b. Estafa, and c. Malicious mischief if the
offender and the offended party lives together (Art. 332).
2. CRIMES AGAINST PERSONS
It is aggravating in crimes against persons in cases where the offended party is a relative of a
higher degree than the offender, or when the offender and the offended party are relatives of the
same level.
a. Serious physical injuries (Art. 263)
i. aggravating even if the offended party is a descendant of the offender. But the serious
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS - The maximum penalty shall be
imposed if the offense was committed by any person who belongs to an organized/syndicated
crime group. Owner, driver or passenger of carnapped vehicle is killed or raped
- The penalty of life imprisonment to death is imposed.
Organized/syndicated crime group It is a group of two or more persons collaborating,
confederating or mutually helping one another for the purposes of gain in the commission of any
crime (Art. 23, R.A. 7659).
Crimes involving gain or profit: (TERI) 1. Theft 2. Estafa 3. Robbery 4. Illegal Recruitment.
Thus syndicate is not aggravating in: 1. Homicide 2. Murder 3. Rape 4. Physical Injuries
Specific Aggravating Circumstances 1. Violation of domicile (nighttime; papers and effects
not
returned immediately) 2. Interruption of religious worship (violence or threats) 3. Direct assault
(weapon, offender is a public officer or employee; offender lays hands upon a person in
authority) 4. Grave threats (in writing; thru a middleman) 5. Slavery 6. Robbery with violence
against or intimidation of persons (uninhabited place, band) EXCEPT: robbery with homicide or
robbery with rape 7. Robbery with force upon things (uninhabited place and
by a band)
ARTICLE 15 ALTERNATIVE CIRCUMSTANCES
Alternative Circumstances Those which must be taken into consideration as aggravating or
mitigating according to the nature and
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CRIMINAL BOOK ONE LAW physical injuries must not be inflicted by a parent upon
his child by excessive chastisement.
b. Less serious physical injuries or slight physical
injuries: i. mitigating if the offended party is a relative of a
lower degree; and ii. aggravating if the offended party is a relative of a
higher degree of the offender.
c. Homicide or murder: relationship is aggravating
regardless of degree d. Rape: aggravating where a stepfather raped his stepdaughter or in a
case where a father raped his own daughter.
3. CRIMES AGAINST CHASTITY
a. Acts of lasciviousness (Art. 336) – relationship is always aggravating, regardless of
whether the offender is a relative of a higher or lower degree of the offended party.
When the qualification given to the crime is derived from the relationship between the offender
and the offended party, it is neither mitigating nor aggravating, because it is inseparable from
and inherent in the offense (e.g. parricide, adultery and concubinage).
b. Intoxication; When intoxication mitigating and
when aggravating:
Mitigating Aggravating If intoxication is not habitual
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Habitual Drunkard He is one given to intoxication by excessive use of intoxicating drinks
To be mitigating, the accused’s state of intoxication must be proved. Once intoxication is
established by satisfactory evidence, in the absence of proof to the contrary, it is presumed to
be non-habitual or unintentional.
c. Instruction or Education
As an alternative circumstance, does not refer only to literacy but more to the level of
intelligence of the accused. It refers to the lack of sufficient intelligence and knowledge of the full
significance of one’s acts
Low degree of instruction and education or lack of it is generally mitigating. High degree of
instruction and education is aggravating, when the offender took advantage of his learning in
committing the crime.
General Rule: Lack of sufficient education is mitigating.
Exceptions: (PCTMR) Crimes against property;(e.g. arson, estafa, theft,
robbery) i. Crimes against chastity; ii. Treason – because love of country should be a natural
feeling of every citizen, however unlettered or uncultured he may be; iii. Murder; and iv. Rape
(Malesa v. Director of Prisons, 59 Phil. 406, If intoxication is
408). habitual, or If intoxication is not
If it is intentional subsequent to the plan
(subsequent to the plan to commit a felony
to commit a felony) - drinks fully, knowing its effects, to find a
ARTICLE 16 stimulant to commit a
WHO ARE CRIMINALLY LIABLE crime or a means to suffocate any remorse
For grave and less grave felonies: 1. Principals To be entitled to the mitigating
 circumstance of intoxication, it must be shown:
2. Accomplices 3. Accessories a. That at the time of the commission of the criminal act, the
accused has taken such quantity of alcoholic drinks as to blur his reason and deprive him of a
certain degree of control; and b. That such intoxication is not habitual, or
subsequent to the plan to commit the felony.
TITLE TWO: PERSONS CRIMINALLY LIABLE FOR FELONIES
For light felonies: 1. Principals 2. Accomplices Punishable ONLY WHEN consummated but in
crimes against persons or property, light felonies are punishable in attempted and frustrated
stage but only principal and accomplice are liable.
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CRIMINAL LAW BOOK ONE
Accessories are NOT liable for light felonies.
Reason: In the commission of light felonies, the social wrong as well as the individual prejudice
is so small that penal sanction is deemed not necessary for accessories.
The classification of the offenders as principal, accomplice, or an accessory is essential under
the RPC. The classification may be applied to special laws only if the latter provides for the
same graduated penalties as those provided under the RPC.
Two parties in all crimes: 1. Active subject (the criminal)
Art. 16 enumerates the active subjects of the crime.
Only natural persons can be the active subject of crime because of the highly personal nature of
the criminal responsibility.
Reasons: a. Under the RPC, persons act with personal malice or negligence, artificial persons
cannot act with malice or negligence. b. A juridical person like a corporation cannot commit a
crime that requires willful purpose or malicious intent. c. There is substitution of deprivation of
liberty for
pecuniary penalties in insolvency cases. d. Other penalties like destierro and imprisonment are
executed on individuals only.
2. Passive subject (the injured party)
The holder of the injured right: the man, the juristic person, the group, and the State
Corporation and partnership can be a passive subject of a crime.
General rule:Corpses and animals cannot be passive subjects because they have no rights
that may be injured.
Exception: Under Art. 253, the crime of defamation may be committed if the imputation tends to
blacken the memory of one who is dead.
Art. 16 applies only when the offenders are to be judged by their individual, and not collective,
liability.
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ARTICLE 17 PRINCIPALS Principal by Direct Participation
Principal by Induction
Principal by Indispensable Cooperation Those who take a direct part in the execution of the
act.
Those who directly force or induce others to commit it.
Those who cooperate in the commission of the offense by another act without which it would not
have been accomplished.
Par. 1.Principals by direct participation
Requisites: 1. That they participated in the criminal resolution; and 2. That they carried out their
plan and personally took part in its execution by acts which directly tended to the same end.
When the second requisite is lacking, there is only conspiracy.
In conspiracy by prior agreement, the principal by direct participation who does not appear at
the scene of the crime is NOT liable because: a. His non-appearance is deemed desistance
which is
favored and encouraged. b. Conspiracy is generally not a crime unless the law specifically
provides a penalty therefor. (Art 8) Thus, by merely conspiring, the would-be participator has not
yet committed any crime unless he would appear at the scene of the crime and perform any act
directly or indirectly in the accomplishment of the conspiracy. c. There is no basis for criminal
liability because there is
no criminal participation.
Meaning of “personally took part in its execution” That the principal by direct participation
must be at the scene of the commission of the crime, personally taking part in its execution
except when there is conspiracy and the principal by direct participation has already performed
his part prior to the actual commission of the crime.
Par. 2.Principals by induction
Requisites: 1. That the inducement be made directly with the intention
of procuring the commission of the crime; and 2. That such inducement be the determining
cause of the
commission of the crime by the material executor.
45
CRIMINAL BOOK ONE LAW One cannot be held guilty of having instigated the
commission of the crime without first being shown that the crime was actually committed (or
attempted) by another.
Thus, there can be NO principal by inducement (or by indispensable cooperation) unless there
is a principal by direct participation. But there can be a principal by direct participation without a
principal by inducement (or by indispensable cooperation).
The inducement must be the determining cause of the commission of the crime by the principal
by direct participation that is without such inducement, the crime would not have been
committed.
The inducement must precede the act and must be so influential, hence if there is a price or
reward involved, without prior promise, there can be no inducement.
If the crime committed is not contemplated in the order given, inducement is not material and
not the determining cause thereof.
Two ways of becoming principal by induction:
1. By directly forcing another to commit a crime by:
a. Using irresistible force.
Irresistible Force It is such physical force as would produce an effect upon the individual that in
spite of all resistance, it reduces him to a mere instrument.
b. Causing uncontrollable fear.
Uncontrollable Fear It is a compulsion by means of intimidation or threat that promises an evil
of such gravity and eminence that the ordinary man would have succumbed to it (U.S. vs.
 Elicanal, 35 Phil 209, 212, 213, 1916).
In these cases, there is no conspiracy, not even a unity of criminal purpose and intention. Only
the one using the force or causing the fear is criminally liable. The material executor is not
criminally liable because of Art. 12,pars. 5 and 6 (exempting circumstances).
2. By directly inducing another to commit a crime by :
a. Giving of price, or offering of reward or promise.
The one giving the price or offering the reward or promise is a principal by inducement while the
one committing the crime in consideration thereof is a principal by direct participation. There is
collective criminal responsibility.
46
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b. Using words of command
The person who used the words of command is a principal by inducement while the person who
committed the crime because of the words of command is a principal by direct participation.
There is also collective criminal responsibility.
Requisites: i. That the one uttering the words of command must have the intention of procuring
the commission of the crime; ii. That the one who made the command must have an
ascendancy or influence over the person who acted; iii. That the words used must be so direct,
so efficacious, so powerful as to amount to physical or moral coercion; iv. The words of
command must be uttered prior to
the commission of the crime; and v. The material executor of the crime has no
personal reason to commit the crime.
The inducement must precede the act induced and must be so influential in producing the
criminal act that without it, the act would not have been performed.
If the person who actually committed the crime had reason of his own to commit the crime, it
cannot be said that the inducement was influential in producing the criminal act.
Principal by Inducement
Offender who Made Proposal to Commit a Felony In both There is an inducement to commit
a crime
When liable Becomes liable only when the crime is committed by the principal by direct
participation.
The mere proposal to commit a felony is punishable in treason or rebellion. However, the
person to whom the proposal is made should not commit the crime, otherwise, the proponent
becomes a principal by inducement. What kind of crime involved Involves any crime The
proposal to be punishable must involve only treason, rebellion, insurrection or coup d’ etat.
(TRIC)
CRIMINAL LAW BOOK ONE

Effects of acquittal of principal by direct been actually committed by another.

participation upon liability of principal by
inducement: a. Conspiracy is negated by the But if the one charged as principal by direct
acquittal of co-defendant. b. One cannot be held participation is acquitted because he acted without
guilty of having instigated the commission of a criminal intent or malice, his acquittal is not a
crime without first being shown that the crime has ground for the acquittal of the principal by
inducement. indispensable cooperation
have collective criminal responsibilities with the
Reason for the rule: In exempting circumstances, principals by direct participation.
such as when the act is not voluntary because of
lack of intent on the part of the accused, there is a Individual Criminal Responsibility In the
crime committed, only that the accused is not a absence of any previous conspiracy, unity of
criminal. criminal purpose and intention immediately before
the commission of the crime, or community of
Par. 3. Principal by indispensable criminal design, the criminal responsibility arising
cooperation from different acts directed against one and the
same person is individual and not collective, and
Requisites: 1. Participation in the criminal each of the participants is liable only for the act
resolution, that is, there is either anterior committed by him.
conspiracy or unity of criminal purpose and
intention immediately before the commission of the ARTICLE 18
crime charged; and a. Requires participation in the ACCOMPLICES
criminal resolution b. There must be conspiracy c.
Concurrence is sufficient d. Cooperation is Accomplices They are persons who, not acting as
indispensable 2. Cooperation in the commission of principals, cooperate in the execution of the
the offense by performing another act, without offense by previous and simultaneous acts, which
which it would not have been accomplished. a. are not indispensable to the commission of the
Cooperation must be indispensable b. If crime.
dispensable, accused is only an accomplice c. If
cooperation is necessary in the execution of the They act as mere instruments who perform acts
offense, accused is considered as a principal by not essential to the perpetration of the offense.
direct participation.
Requisites: 1. That there be community of design;
Meaning of “cooperation in the commission of that is, knowing the criminal design of the principal
the offense” To desire or wish in common a thing. by direct participation, he concurs with the latter’s
But that common will or purpose does not purpose;
necessarily mean previous understanding, for it
can be explained or inferred from the Mere knowledge of the criminal resolution only
circumstances of each case. and not concurrence or participation.

Collective Criminal Responsibility This is 2. That he cooperates in the execution of the

present when the offenders are criminally liable in offense by previous or simultaneous acts, with the
the same manner and to the same extent. The intention of supplying material or moral aid in the
penalty to be imposed must be the same for all. execution of the crime in an efficacious way; and 3.
That there be a relation between the acts done by
Principals by direct participation have collective the principal and those attributed to the person
criminal responsibility. Principals by induction, charged as an accomplice.
except those who directly forced another to commit
a crime, and principals by direct participation have Note: An accomplice is also known as accessory
collective criminal responsibility. Principals by before the fact.
The cooperation of an accomplice be a principal by direct participation.
may be: a. by previous act; and b. by
simultaneous acts. One can be an accomplice even if he did not know
of the actual specific crime intended to be
His participation should only be necessary but not committed by the
indispensable.

Before there could be an accomplice, there must SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERA
47
CRIMINAL BOOK ONE LAW principal, provided he was aware that the objective of the
acts he was tasked to do was illicit.
The person charged as an accomplice should not have inflicted a mortal wound. If he inflicted a
mortal wound, he becomes a principal by direct participation.
In case of doubt, the participation of the offender will be considered that of an accomplice rather
than that of a principal.
Quasi Collective Responsibility It is one where some of the offenders in the crime are
principals and the others are accomplices
Accomplice Conspirator In both they know and agree with the criminal design. They come to
know
They come to know about it after the
the criminal intention principals have reached
because they the decision, and only
themselves have then do they agree to
decided upon such cooperate in its
course of action. execution. They are merely instruments who perform acts not essential to the
perpetration of the offense.
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They are the authors of a crime.
Principal by Indispensable Cooperation
Accomplice
Cooperation must be indispensable.
Cooperation is dispensable. Participation in the criminal resolution, that is, there is either
anterior conspiracy or unity of criminal purpose and intention immediately before the
commission of the crime charged
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 in an efficacious way
ARTICLE 19 ACCESSORIES
Accessories They are those who: 1. Having knowledge of the commission of the crime; and
48
2. Without having participated therein either as principals or accomplices, take part subsequent
to its commission in any of the following acts: a. By profiting themselves or assisting the
offender to
profit by the effects of the crime.
In profiting by the effects of the crime, the accessory must receive the property from the
principal. He should not take it without the consent of the principal. If he took it without the
consent of the principal, he is not an accessory but a principal in the crime of theft.
Knowledge of the commission of the crime after acquisition of stolen property is sufficient.
b. By concealing or destroying the body, effects or instruments of the crime to prevent its
discovery.
“Body of the crime” is equivalent to corpus delicti.
Requisites: i. The fact that the crime was committed; and ii. The participation of the offender in
the
commission of the crime.
c. By harboring, concealing, or assisting in the escape of the principal of the crime, provided the
accessory acts with abuse of his public functions or whenever the author of the crime is guilty of
treason, parricide, murder, or an Attempt to take the life of the Chief Executive, or is known to
be habitually guilty of some other crime.
Two classes of accessories contemplated in par. 3 of Art. 19: 1. Public officers who harbor,
conceal or assist in the escape of the principal of any crime (not light felony) with abuse of his
public functions.
Requisites: a. The accessory is a public officer; b. He harbors, conceals, or assists in the
escape of the
principal; c. The public officer acts with abuse of his public
functions; and d. The crime committed by the principal is any crime,
provided it is not a light felony.
2. Private persons who harbor, conceal or assist in the escape of the author of the crime who is
guilty of treason, parricide, murder, or attempts against the life of the President, or who is known
to be habitually guilty of some other crime.
CRIMINAL LAW BOOK ONE
Requisites: a. The accessory is a private person; b. He harbors, conceals or assists in the
escape of the
author of the crime; and c. The crime committed by the principal is either:
(MAP-HaT) i. Murder; ii. An attempt against the life of the President; iii. Parricide; iv. That the
principal is known to be habitually guilty
of some other crime; or v. Treason.
Where the alleged principal is acquitted, it is neither proper nor possible to convict the
defendant as an accessory. The responsibility of the accessory is subordinate to that of the
principal in a crime.
HOWEVER, conviction of an accessory is possible notwithstanding the acquittal of the principal,
if the crime was in fact committed, but the principal was not held liable, because of an
exempting circumstance (Art. 12), such as insanity or minority.
Neither the letter nor the spirit of the law requires that the principal be convicted before one may
be punished as an accessory. As long as the corpus delicti is proved and the accessory’s
participation as such is shown, he can be held criminally responsible and meted out the
corresponding penalty (Inovero vs. Coronel, CA, 65 O.G. 3160).
General rule: the prescribed acts of the accessory under par. 2 must have been intended to
prevent the discovery of the crime; hence, mere silence is NOT punishable.
Exceptions: a. If, however, the crime involved is conspiracy to commit treason, his silence may
hold him liable for misprision of treason (Art. 116) but as a principal thereof. b. Knowingly
concealing the evil practices enumerated in Art. 142 is also punishable as a principal in Inciting
to Sedition (Art. 142).
Where the accused misleads the authorities by giving them false information, such act is
equivalent to concealment and he should be held as an accessory.
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PRESIDENTIAL DECREE 1612 ANTI-FENCING LAW OF 1979
Fencing It is an act, with intent to gain, of buying, selling, receiving, possessing, keeping, or in
any other manner dealing in anything of value which a person knows or should have known to
be derived from the proceeds of the crime of robbery or theft.
Fence He is a person who commits the act of fencing. A fence who receives stolen property as
above-provided is not an accessory but a principal in the crime defined in and punished by the
Anti-Fencing Law.
Mere possession of anything of value which has been the subject of robbery or theft shall be
prima facie evidence of fencing.
PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL
OFFENDERS PRESIDENTIAL DECREE 1829
P.D. 1829 penalizes the act of any person who knowingly or willfully obstructs, impedes,
frustrates or delays the apprehension of suspects and the investigation and prosecution of
criminal cases.
The acts enumerated under this decree are commonly referred to as “OBSTRUCTION OF
JUSTICE.” It penalizes, inter alia, the act of harboring or concealing, or facilitating the escape of
any person he knows or has reasonable ground to believe or suspect, has committed
anyoffense under existing penal laws in order to prevent his arrest, prosecution and conviction.
Here, he shall be punished as a principal in the crime of obstruction of justice.
Art. 19, RPC P.D. 1829 The principal who was assisted committed only any of the enumerated
felonies (MAPHaT) unless the accessory is a public officer who acts with abuse of public
functions.
The person who was assisted committed any crime.
The crime committed by the principal must be under the RPC.
The crime committed by the principal is punishable under any existing penal law, including the
RPC. The person who gave assistance is punished
The person who gave assistance is punished
49
CRIMINAL BOOK ONE LAW as an accessory in the
as a principal in the offense committed by
crime of obstruction of the principal.
justice..
Note: For further discussion on PD 1829, see section on Special Penal Laws.
ARTICLE 20 ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABLITY
The exemption provided for in this article is based on the ties of blood and the preservation of
the cleanliness of one’s name, which compels one to conceal crimes committed by relatives so
near as those mentioned in this article.
An accessory is exempt from criminal liability when the principal is his – 1. Spouse, or 2.
Ascendant, or 3. Descendant, or 4. Legitimate, natural or adopted brother, sister or relative
by affinity within the same degree.
Accessory is NOT exempt from criminal liability even if the principal is related to him, if
such accessory: 1. Profited by the effects of the crime, or 2. Assisted the offender to profit by
the effects of the
crime.
Reason: Because such acts are prompted not by affection but by a detestable greed
The public officer contemplated in par. 3 of Art. 19 is exempt by reason of relationship to the
principal, even if such public officer acted with abuse of his official functions.
Reason: Ties of blood or relationship constitutes a more powerful incentive than the call of duty.
Note: The benefits of the exception in Art. 20 do not apply to PD 1829.
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TITLE THREE: PENALTIES
CHAPTER ONE: PENALTIES IN GENERAL (ARTS. 21-24)
Penalty It is the suffering that is inflicted by the State for the transgression of the law.
Different juridical conditions of penalty: (P2C3EL) 1. Must be productive of suffering, without
however
affecting the integrity of the human personality 2. Must be personal – no one should be
punished for the
crime of another 3. Must be commensurate with the offense – different
crimes must be punished with different penalties 4. Must be certain – no one may escape its
effects 5. Must be correctional 6. Must be equal for all 7. Must be legal – it is the consequence
of a judgment
according to law
Purpose of the state in punishing crimes: The State has an existence of its own to maintain,
a conscience to assert, and moral principles to be vindicated. Penal justice must therefore be
exercised by the State in the service and satisfaction of a duty, and rests primarily on the moral
rightfulness of the punishment inflicted.
The basis of the right to punish violations of penal law is the police power of the State.
Three-fold purpose of penalty under RPC: 1. Retribution or expiation 2. Correction or
reformation 3. Social Defense (Reyes, 2008, p. 585).
Constitutional restriction on penalties: The Constitution directs that “excessive fines shall not
be imposed, nor cruel and unusual punishment inflicted (Sec. 19 [1], Art. 3).
ARTICLE 21 PENALTIES THAT MAY BE IMPOSED
A felony shall be punishable only by the penalty prescribed by law AT THE TIME OF ITS
COMMISSION.
Reason: Because a law cannot be rationally obeyed unless it is first shown, and a man cannot
be expected to obey an order that has not been given.
50
CRIMINAL LAW BOOK ONE
ARTICLE 22 RETROACTIVE EFFECT OF PENAL LAWS
General rule: Penal laws are applied prospectively.
Exception: When retrospective application will be favorable to the person guilty of a felony,
provided that: 1. The offender is NOT a habitual criminal (delinquent)
under Art. 62(5); 2. The new or amendatory law does NOT provide against
its retrospective application. Reason for the exception: The sovereign, in enacting a
subsequent penal law more favorable to the accused, has recognized that the greater severity
of the former law is unjust.
Habitual delinquent He is a person who, within a period of ten years from the date of his
release or last conviction of the crimes of falsification, robbery, estafa, theft, or serious or less
serious physical injuries (FRETSeL), is found guilty of any said crimes a third time or oftener.
Ex post facto law It is an act which when committed was not a crime, cannot be made so by
statute without violating the constitutional inhibition as to ex post facto laws.
An ex post facto law is one which: 1. Makes criminal an act done before the passage of the
law and which was innocent when done; 2. Aggravates a crime, or makes it greater than it was,
when committed; 3. Changes the punishment and inflicts a greater punishment than the law
annexed to the crime when committed; 4. Alters the legal rules of evidence, and authorizes
conviction upon a less or different testimony than the law required at the time of the commission
of the offense; 5. Assumes to regulate civil rights and remedies only, in effect imposing a
penalty or deprivation of a right for something which when done was lawful; and 6. Deprives a
person accused of a crime of some lawful protection to which he has become entitled, such as
the protection of a former conviction or acquittal, or a proclamation of amnesty.
If retroactive effect of a new law is justified, it shall apply to the defendant even if he is: a.
Presently on trial for the offense; b. Has already been sentenced but service of which has
not begun; or c. Already serving sentence.
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS The exception applies to a law
dealing with prescription of crime.
The retroactive effect of criminal statutes does not apply to the culprit’s civil liability.
Reason: The rights of offended persons or innocent third parties are not within the gift of
arbitrary disposal of the State.
No retroactive effect even when favorable to the accused – if the new law is expressly made
inapplicable to pending actions or existing causes of action (Tavera v. Valdez, 1 Phil. 468,
1902).
The provisions of Art. 22 are applicable even to special laws which provide more favorable
conditions to the accused.
Criminal liability under the repealed law subsists: 1. When the provisions of the former law
are reenacted; or
The right to punish offenses committed under an old penal law is not extinguished if the
offenses are still punishable in the repealing penal law.
2. When the repeal is by implication; or
When a penal law, which impliedly repealed an old law, is itself repealed, the repeal of the
repealing law revives the prior penal law, unless the language of the repealing statute provides
otherwise.
If the repeal is absolute, criminal liability is obliterated.
3. When there is a saving clause.
When the repeal is absolute, the offense ceases to be criminal (People v. Tamayo, 61 Phil. 226,
1935).
Note: No retroactive effect of penal laws as regards jurisdiction of court. The jurisdiction of the
court to try a criminal action is to be determined by the law in force at the time of instituting the
action, not at the time of the commission of the crime.
Jurisdiction of courts in criminal cases is determined by the allegations of the complaint or
information, and not by the findings the court may make after trial (People v. Romualdo, 87 Phil.
641, 642).
(See discussion of retroactive law under the Prospective characteristic of criminal law)
51
CRIMINAL BOOK ONE LAW ARTICLE 23 EFFECT OF PARDON BY THE
OFFENDED PARTY
General rule: Pardon by the offended party does NOT extinguish the criminal liability of the
offender.
Reason: A crime committed is an offense against the State. Only the Chief Executive can
pardon the offenders.
Note: In criminal cases, the intervention of the aggrieved parties is limited to being witnesses for
the prosecution.
Compromise upon the civil liability arising from an offense may be had; but such compromise
shall not extinguish the public action for the imposition of the legal penalty (Art. 2034, Civil
Code).
A contract stipulating for the renunciation of the right to prosecute an offense or waiving the
criminal liability is VOID (Arts. 1306, 1352, 1409, Civil Code).
Exception: Pardon by the offended party will bar criminal prosecution in the following crimes: 1.
Adultery and Concubinage (Art. 344, RPC)
EXPRESS or IMPLIED pardon must be given by offended party to BOTH offenders.
Pardon must be given PRIOR to institution of criminal action.
2. Seduction, Abduction, Acts of Lasciviousness
(Art. 344, RPC) EXPRESS pardon given by offended party or her parents or grandparents or
guardian
Note: People vs. Lacson ([CA] 55 OG 9460) held that the pardon by the parents, standing
alone, is inefficacious. Too, the express pardon of a person guilty of attempted abduction of a
minor, granted by the latter’s parents, is not sufficient to remove criminal responsibility, but must
be accompanied by the express pardon of the girl herself.
Pardon must be given PRIOR to the institution of the criminal action. However, marriage
between the offender and the offended party EVEN AFTER the institution of the criminal action
or conviction of the offender will extinguish the criminal action or remit the penalty already
imposed against the offender, his co-principals, accomplices, and accessories after the fact.
Note: Not applicable in rape, where there are two or more principals involved and in case of
multiple rape.
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3. Rape (as amended by R.A. 8353)
The subsequent valid marriage between the offender and the offended party shall extinguish
criminal liability or the penalty imposed. In case the legal husband is the offender, subsequent
forgiveness by the wife as offended party shall also produce the same effect.
Pardon by the offended party under Art. 344 is ONLY A BAR to criminal prosecution; it is NOT a
ground for extinguishment of criminal liability. CIVIL LIABILITY may be extinguished by the
 EXRESS WAIVER of the offended party.
An offense causes 2 classes of injuries:
Social Injury Personal Injury
Produced by the disturbance and alarm which are the outcome of the offense.
Caused to the victim of the crime who suffered damage either to his person, to his property, to
his honor or to her chastity. Is sought to be repaired through the imposition of the corresponding
penalty.
Is repaired through indemnity.
The State has an interest in this class of injury.
The State has no reason to insist in its payment. The offended party cannot pardon the offender
so as to relieve him of the penalty.
The offended party may waive the indemnity.
The offended party cannot pardon the offender so as to relieve him of the penalty.
The offended party may waive the indemnity.
ARTICLE 24 MEASURES OF PREVENTION OR SAFETY WHICH ARE NOT CONSIDERED
PENALTIES
The following are NOT considered as penalties: 1. The arrest and temporary detention of
accused persons, as well as their detention by reason of insanity or imbecility, or illness
requiring their confinement in a hospital. 2. The commitment of a minor to any of the institutions
mentioned in Art. 80 (now Art. 192, PD No. 603) and for the purposes specified therein. 3.
Suspension from the employment or public office during
the trial or in order to institute proceedings.
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CRIMINAL LAW BOOK ONE

4. Fines and other corrective measures which, in insane or imbecile who has not been arrested for a
the exercise of their administrative or disciplinary crime. It refers to “accused persons” who are
powers, superior officials may impose upon their detained “by reason of insanity or imbecility.”
subordinates. 5. Deprivation of rights and the
reparations which the civil Paragraphs 3 and 4 refer to administrative
law may establish in penal suspension and administrative fines and not to
form. suspension or fine as penalties for violations of the
RPC.

The deprivations of rights established in penal form

Reasons why they are NOT penalties: a. They by the civil laws is illustrated in the case of parents
are not imposed as a result of judicial proceedings. who are deprived of their parental authority if found
Those mentioned in paragraphs 1, 3 and 4 are guilty of the crime of corruption of their minor
merely preventive measures before conviction of children, in accordance with Art. 332 of the Civil
offenders. b. The offender is not subjected to or Code.
made to suffer these measures in expiation of or
as punishment for a crime. Where a minor offender was committed to a
reformatory pursuant to Art. 80 (now, PD 603), and
Par. 1 does not refer to the confinement of an
while thus detained he commits a crime therein, he duration. These are: i. Death ii. Reclusión
cannot be considered a quasi-recidivist since his perpetua iii. Perpetual absolute or special
detention was only a preventive measure, whereas disqualification iv. Public censure 2. Accessory
quasi-recidivism presupposes the commission of a penalties – are those that are deemed
crime during the service of the penalty for a included in the principal
previous crime. penalties.

C. Based on subject matter 1. Corporal (death). 2.

CHAPTER TWO: CLASSIFICATION OF
PENALTIES (ARTS. 25-26) Deprivation of freedom (reclusion perpetua and
temporal, prision mayor and correcional, arresto
mayor and menor). 3. Restriction of freedom
ARTICLE 25 PENALTIES WHICH
(destierro). 4. Deprivation of rights (disqualification
MAY BE IMPOSED
and
suspension). 5.
The scale in Art. 25 is only a general classification
Pecuniary (fine).
of penalties based on their severity, nature and
subject matter. The scale of penalties in Art. 70 is
Perpetual or temporary absolute disqualification,
provided for successive service of sentences
perpetual or temporary special disqualification, and
imposed on the same accused, in consideration of
suspension may be principal or accessory
their severity and natures.
penalties.
The scales in Art. 71 are for the purpose of
graduating the penalties by degrees in accordance
Examples: 1. Perpetual absolute disqualification is
with the rules in Art. 61.
a principal penalty in prevaricacion (Art. 204) and
perpetual special disqualification, in
Classification of penalties under
malversation(Art. 217). 2. Temporary absolute
article 25: A. Based on their severity or
disqualification is a principal penalty when the
gravity
accessory acts with abuse of public functions (Art,
1. Capital, 2. Afflictive, 3. Correctional, 4. Light
19[3] and Art. 58) and temporary special
This classification corresponds to the
disqualification, in direct bribery (Art. 206). 3.
classification of felonies in Art. 9, into grave, less
Suspension is a principal penalty in rendition of
grave and light.
unjust
interlocutory orders (Art.
B. Based on their
206).
nature
1. Principal penalties – those expressly imposed
by the court in the judgment of conviction. May
be further classified based on divisibility. a.
Divisible – are those that have fixed duration and
are divisible into three periods. b. Indivisible – SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERA
are those which have no fixed 53
Bond to keep the peace is imposed only in the
crime of threats (Art. 284), either grave (Art. 282)
or light (Art. 283).
CRIMINAL BOOK ONE LAW SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR
OPERATIONS
loss of its power to enforce the judgment against the RA No. 9346,
convict. AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE
PHILIPPINES
Note: In determining the prescription of crimes, apply Art. 9 (P200 fine is light felony). In
determining the prescription Sec. 2 of said law provides that In lieu of death penalty,
of penalty, apply Art. 26 (P200 fine prescribes in 10 the following shall be imposed: years). 1.
The penalty of reclusion perpetua, when the law
violated makes use of the nomenclature of the penalties of the Revised Penal Code; or 2. The
penalty of life imprisonment, when the law violated does not make use of the nomenclature of
the penalties of the Revised Penal Code.

SECTION ONE – DURATION OF PENALTIES ARTICLE 27 Section 3. Persons convicted of

offenses punished with
DURATION OF EACH DIFFERENT PENALTIES reclusion perpetua, or whose sentences will
be reduced to reclusion perpetua, by reason of this Act, shall not be
Afflictive eligible for parole under Act No. 4103, otherwise known as
Reclusion the Indeterminate Sentence Law, as amended.
Perpetua
ARTICLE 26 FINE – WHEN AFFLICTIVE, CORRECTIONAL OR LIGHT
Fine is: 1. Afflictive – over P6,000.00 2. Correctional – P200.00 to P6,000.00 3. Light penalty –
less than P200.00
Same basis may be applied by analogy to Bond to keep the peace.
This article determines the classification of a fine whether imposed as a single or as an
alternative penalty for a crime.
The rule herein does not apply where the fine involved is in a compound penalty, that is, it is
imposed in conjunction with another penalty. In this case, the highest penalty shall be made the
basis for computing the period for the prescription of crimes (Article 90).
Where the fine in question is exactly P200, under Art. 9 it is a light felony, hence the felony
involved is a light felony; whereas under Art. 26, it is a correctional penalty, hence the offense
involved is a less grave felony. It has been held that this discrepancy should be resolved
liberally in favor of the accused, hence Art. 9 prevails over Art. 26 (People vs. Yu Hai, 99 Phil.
725, 1956).
HOWEVER, according to Justice Regalado there is no such discrepancy. What is really in issue
is the prescription of the offense vis-a-vis the prescription of the penalty, the former being the
forfeiture of the right of the State to prosecute the offender and the latter being the
CHAPTER THREE: DURATION AND
EFFECTS OF PENALTIES (ARTS. 27 – 45)
Reclusion Temporal
the period during which the bond shall be effective is discretionary on the court.
Nature of destierro Destierro is a principal, correctional and divisible penalty.
In what cases is destierro imposed? 1. Serious physical injuries or death under exceptional
circumstances (Art. 247) 2. In case of failure to give bond for good behavior (Art. 284) Prision
Mayor andTemporary Disqualification 20 yrs and 1 day to 40 yrs
12 yrs and 1 day to 20 yrs
 6 yrs and 1 day to 12 yrs., except when disqualification is an accessory penalty, in which case
its duration is that of the principal penalty
Correctional
Prisión correccional, suspensión, and destierro
Arresto mayor
Arresto menor
Bond to keep the peace
6 mos. and 1 day to 6 yrs., except when suspensión is an accessory penalty, in which case its
duration is that of the principal penalty.
1 mo. And 1 day to 6 mos.
1 day to 30 days
54
CRIMINAL LAW BOOK ONE

3. As a penalty for the concubine in concubinage in deprivation of liberty and the offender is not in
(Art. prison.
334) 4. In cases where after reducing the
penalty by one or 3. The duration of other penalties – the duration
more degrees, destierro is the proper is from the day on which the offender commences
penalty. to serve his sentence. Applies in cases of: a.
Penalties consisting in deprivation of liberty and the
ARTICLE 28 COMPUTATION offender is undergoing preventive imprisonment;
OF PENALTIES but the offender is entitled to a deduction of full
time or 4/5 of the time of his detention. b.
Rules: 1. When the offender is in prison – the Temporary penalties and the offender is not under
duration of temporary penalties is from the day on detention – because the offender is released on
which the judgment of conviction becomes final. bail.

Reason: Under Art. 24, the arrest and ARTICLE 29 PERIOD OF PREVENTIVE
temporary detention of the accused is not IMPRISONMENT DEDUCTED FROM
considered a penalty. TERM OF IMPRISONMENT

Applies in cases of temporary penalties and the Preventive imprisonment It is the period of
offender is under detention (under preventive detention undergone by an accused where the
imprisonment) crime with which he is charged is non-bailable or,
even if bailable, he is unable to post the requisite
2. When the offender is not in prison – the bail.
duration of penalties consisting in deprivation of
liberty, is from the day that the offender is placed at These rules on preventive imprisonment apply to
the disposal of judicial authorities for the all sentences regardless of the duration thereof,
enforcement of the penalty. including the so-called perpetual penalties as long
as they involve deprivation of liberty. It applies to
This rule applies in cases of penalties consisting destierro.
When is the detention prisoner entitled to the PENALTIES ACCORDING TO THEIR
full credit of his preventive imprisonment? If RESPECTIVE NATURE.
the detention prisoner agrees voluntarily in writing
to abide by the same disciplinary rules imposed ARTICLE 30 EFFECTS OF THE PENALTIES
upon convicted prisoners. OF PERPETUAL OR TEMPORARY
ABSOLUTE DISQUALIFICATION
When will he be credited only with four-fifths
the time during which he has undergone 1. Deprivation of the public offices and
preventive imprisonment? If the detention employments which the offender may have held,
prisoner does not agree to abide by the same even if conferred by popular election. 2.
disciplinary rules imposed upon convicted Deprivation of the right to vote in any election for
prisoners. any popular elective office or to be elected to such
office. 3. Disqualification for the offices or public
In the case of a youthful offender who has been employments and for the exercise of any of the
proceeded against under the Child and Youth rights mentioned.
Welfare Code, he shall be credited in the service of
his sentence with the full time of his actual
detention, whether or not he agreed to abide by the SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERA
same disciplinary rules of the institution. Habitua
No. 1.
The following offenders are NOT entitled to be
credited with the full time or four-fifths of the
time of preventive imprisonment: 1. Recidivists
or those convicted previously twice or more
times of any crime. 2. Those who, upon being
summoned for the execution of
their sentence, failed to surrender
voluntarily.

No. 2 refers to convicts who failed to voluntarily

surrender to serve their penalties under a final
judgment, since this is indicative of a greater
defiance of authority. It does NOT refer to failure
or refusal to voluntarily surrender after the
commission of the crime.

The accused shall be released immediately

whenever he has undergone preventive
imprisonment for a period equal to or more than
the possible maximum imprisonment for the
offense charged.

SECTION TWO – EFFECTS OF THE

 55
CRIMINAL BOOK ONE LAW 4. Loss of all rights to retirement pay or other pension for
any office formerly held.
Perpetual absolute disqualification It is effective during the lifetime of the convict and even
after the service of the sentence. Temporary absolute disqualification It lasts during the term
of the sentence, and is removed after the service of the same.
Exceptions: 1. Deprivation of the public office or employment; and 2. Loss of all rights to
retirement pay or other pension for
any office formerly held.
A plebiscite is NOT mentioned or contemplated in Art. 30, par. 2 (deprivation of the right to
vote), hence, the offender may vote in that exercise, subject to the provisions of pertinent
election laws at the time.
ARTICLE 31 EFFECTS OF THE PENALTIES OF PERPETUAL OR TEMPORARY SPECIAL
DISQUALIFICATION
1. Deprivation of the office, employment, profession or
calling affected; 2. Disqualification for holding similar offices or employments either perpetually
or during the term of the sentence, according to the extent of such disqualification.
ARTICLE 32 EFFECTS OF THE PENALTIES OF PERPETUAL OR TEMPORARY SPECIAL
DISQUALIFICATION FOR THE EXERCISE OF THE RIGHT OF SUFFRAGE
1. Deprive the offender perpetually or during the term of
the sentence of: a. The right to vote in any popular election for any
public office, or b. To be elected to such office. 2. Not be permitted to hold any public office
during the
period of disqualification.
Disqualification is the withholding of a privilege, not a denial of right – a restriction upon the right
of suffrage or to hold office.
Purpose: To preserve the purity of elections; one rendered infamous by conviction of felony or
other base offenses indicative of moral turpitude is unfit to exercise such rights.
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SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
ARTICLE 33 EFFECTS OF THE PENALTIES OF SUSPENSION FROM ANY PUBLIC
OFFICE, PROFESSION, OR CALLING, OR THE RIGHT OF SUFFRAGE
1. Disqualification from holding such office or exercising such right or calling or right of suffrage
during the term of the sentence; 2. If suspended from the public office, the offender cannot hold

another office having similar functions during the period of suspension. ARTICLE 34
CIVIL INTERDICTION
1. Deprivation of the rights of parental authority or
guardianship of any ward; 2. Deprivation of marital authority; 3. Deprivation of the right to
manage his property and of the right to dispose of such property by any act or any conveyance
inter vivos.
But he can dispose of such property by will or donation mortis causa.
Civil interdiction is imposed when the penalty is: 1. Death which is not carried out, 2.
Reclusión perpetua,or 3. Reclusión temporal
ARTICLE 35 EFFECTS OF BOND TO KEEP THE PEACE
1. The offender must present two sufficient sureties who shall undertake that the offender will
not commit the offense sought to be prevented, and that in case such offense be committed
they will pay the amount determined by the Court; or 2. The offender must deposit such amount
with the Clerk
of Court to guarantee said undertaking; or 3. The offender may be detained, if he cannot give
the bond, for a period not to exceed 6 months if prosecuted for grave or less grave felony, or for
a period not to exceed 30 days, if for a light felony.
Bond to keep the peace is different from bail bond which is posted for the provisional release of
a person arrested for or accused of a crime.
Imposed as a penalty in threats (Art. 284)
CRIMINAL LAW BOOK ONE
ARTICLE 36
concubinage, by the PARDON; ITS EFFECTS
express or implied pardon by the offended spouses. Effects of pardon by the president:
When granted 1. A pardon shall not restore the right to hold public office
Can be extended only
Can be validly granted or the right of suffrage.
after conviction by final
only before the institution Exception: When any or both such rights is/are
judgment of the accused.
of the criminal action. expressly restored by the terms of the pardon. 2. It shall not exempt the
culprit from the payment of the
civil liability.
To whom granted To any or all of the accused.
Limitations upon the exercise of the pardoning power: 1. That the power can be exercised
only after conviction
“by final judgment”; 2. That such power does not extend to cases of
impeachment; 3. No pardon, amnesty, parole or suspension of sentence for violation of election
laws, rules, and regulations shall be granted by the President without the favorable
recommendation of the COMELEC.
General Rule: When the principal penalty is remitted by pardon, only the effect of that principal

penalty is extinguished, but not the accessory penalties attached to it. Exception: When an

absolute pardon is granted after the term of imprisonment has expired, it removes what is left of
the consequences of conviction.
Pardon by the Chief Executive (Art. 36)
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
In seduction, abduction and acts of lasciviousness, it benefits the co-principals, accomplices
and accessories. In adultery and concubinage, must include both offenders. As to whether it
can be conditional May be absolute or conditional.
Cannot validly be made subject to a condition.
ARTICLE 37 COSTS
Costs or costs of suit These are the expenses of litigation allowed and regulated by the Rules
of Court to be assessed against or to be recovered by a party in litigation.
 Pardon by the Offended Party (Art. 23) As to the crime covered
The following are included in costs: 1. Fees, and 2. Indemnities, in the course of judicial
proceedings.
Can extend to any crime, unless otherwise provided by or subject to conditions in the
Constitution or the
Costs are chargeable to the accused only in cases of conviction. In case of acquittal, the costs
are de officio, meaning each party bearing his own expenses.
laws.
No costs shall be allowed against the Republic of the Philippines, unless otherwise provided by
law.
The payment of costs is a matter that rests entirely upon the discretion of courts. ARTICLE 38
PECUNIARY LIABILITIES
What are the pecuniary liabilities of persons criminally liable? They are, in the following
order: (RIFC) 1. Civil
a. The reparation of the damage caused b. Indemnification of the consequential damages 2.
Pecuniary
a. Fine Applies only to crimes against chastity under the RPC and marital rape.
As to the effect on civil liability Cannot affect the civil liability ex delicto of the offender.
The offended party can waive the civil liability.
As to extinguishment of criminal liability Extinguishes criminal liability.
Does NOT extinguish criminal liability.
Although it may constitute a bar to the prosecution of the offender in seduction, abduction and
acts of lasciviousness by the valid marriage of the victim and the offender, and in adultery and
57
b. Costs of proceedings.
When is Article 38 applicable? In case the property of the offender should not be sufficient for
the payment of all his pecuniary liabilities.
ARTICLE 39 SUBSIDIARY PENALTY
Subsidiary penalty It is a subsidiary personal liability to be suffered by the convict who has no
property with which to meet the fine, at the rate of one day for each eight pesos (P8.00), subject
to the rules provided for in Art. 39.
Subsidiary penalty shall be proper only if the accused has no property with which to pay the fine
and not as a matter of choice on his part by opting to go to jail instead of paying.
Subsidiary penalty is NOT AN ACCESSORY PENALTY, hence it must be specifically imposed
by the court in its judgment, otherwise the accused cannot be made to serve the corresponding
subsidiary imprisonment.
Rules as to subsidiary liability
Penalty Imposed Subsidiary Penalty 1. Prisión correccional or arresto AND fine
Subsidiary imprisonment is not to exceed 1/3 of the term of the sentence, and in no case to
continue for more than one year. Fraction or part of a day, not counted. 2. Fine only Subsidiary
imprisonment:
a. not to exceed 6 months – if the culprit is prosecuted for grave or less grave felony, and
b. not to exceed 15 days – if prosecuted for light felony. 3. Higher than prisión
correccional
No subsidiary imprisonment.
4. If the penalty imposed is not to be executed by confinement, but of fixed duration.
Subsidiary penalty shall consist in the same deprivations as those of the principal penalty, under
the same rules as nos. 1, 2 and 3 above.
In case the financial circumstances of the convict should improve, he shall pay the fine,
notwithstanding the fact that the convict suffered subsidiary personal liability therefor.
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CRIMINAL LAW BOOK ONE
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
When the penalty prescribed for the offense is imprisonment, it is the penalty actually imposed
by the Court, not the penalty provided for by the Code, which should be considered in
determining whether or not subsidiary penalty should be imposed.
No subsidiary penalty shall be imposed where: 1. The penalty imposed is higher than
prisión correccional
or 6 years; Additional penalty for habitual delinquency should be included in determining
whether or not subsidiary penalty should be imposed. 2. For non-payment of reparation or
indemnification; 3. For non-payment of cost; 4. Where the penalty imposed is a fine and another
penalty without fixed duration, like censure; and 5. The subsidiary penalty, though properly
imposable is
not expressly stated in the judgment.
Note: The rules on subsidiary penalty in Art. 39 are applicable to crimes punishable by special
laws by force of Art. 10 of the Code.
SECTION THREE – PENALTIES IN WHICH OTHER ACCESSORY PENALTIES ARE
INHERENT
ARTICLES 40 – 44
OUTLINE OF ACCESSORY PENALTIES INHERENT IN PRINCIPAL PENALTIES
1. Death, when not executed by reason of commutation or
pardon a. Perpetual absolute disqualification; and b. Civil interdiction during 30 years, if not
expressly
remitted in the pardon. 2. Reclusión perpetua and reclusión temporal
a. Civil interdiction for life or during the sentence; and b. Perpetual absolute disqualification,
unless expressly
remitted in the pardon of the principal penalty. 3. Prisión mayor
a. Temporary absolute disqualification; and b. Perpetual special disqualification from suffrage,
unless expressly remitted in the pardon of the principal penalty. 4. Prisión correccional
a. Suspension from public office, profession or calling;
and b. Perpetual special disqualification from suffrage, if the duration of imprisonment exceeds
18 months, unless expressly remitted in the pardon of the principal penalty. There is perpetual
special disqualification from suffrage, only when the duration of the imprisonment exceeds 18
months.
CRIMINAL LAW BOOK ONE
5. Arresto – suspension of the right to hold office and the
right of suffrage during the term of the sentence.
Note: The Code does NOT provide for any accessory penalty for destierro.
Reclusion Perpetua Life Imprisonment
Has a specific duration of 20 years and 1 day to 40 years.
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS Has no definite term.
Imposable on felonies punished by the RPC.
Imposable on crimes punishable by special laws. Carries with it accessory penalties.
Does not carry with it accessory penalties.
ARTICLE 45 CONFISCATION AND FORFEITURE OF THE PROCEEDS OF THE CRIME
Outline of the provisions of this article: 1. Every penalty imposed carries with it the forfeiture
of the proceeds of the crime and the instruments or tools used in the commission of the crime.
(There can be no forfeiture when there is no criminal case filed.) 2. The proceeds and
instruments or tools of the crime are confiscated and forfeited in favor of the Government. 3.
Property of a third person not liable for the offense is
not subject to confiscation and forfeiture. 4. Property not subject of lawful commerce (whether it
belongs to the accused or to third person) shall be destroyed.
The confiscation and forfeiture of the proceeds and instruments of a crime is an accessory
penalty.
Articles which are forfeited, when the order or forfeiture is already final, cannot be returned even
in case of an acquittal.
The provisions of Art. 45 CANNOT apply when: 1. The instruments belong to innocent third
parties; 2. Such properties have not been placed under the jurisdiction of the court because they
must be presented in evidence and identified in judgment; and 3. When it is legally or physically
impossible.
This accessory penalty presupposes a judgment of conviction. However, even if the accused is
acquitted on reasonable doubt, but the instruments or proceeds are contraband, the judgment of
acquittal shall order their forfeiture for appropriate disposition.
CHAPTER FOUR: APPLICATION OF PENALTIES (ARTS. 46-72)
SECTION ONE – RULES FOR APPLICATION OF PENALTIES TO THE PERSONS
CRIMINALLY LIABLE AND FOR THE GRADUATION OF THE SAME ARTICLE 46 PENALTY
TO BE IMPOSED UPON PRINCIPALS IN GENERAL
General rule: The penalty prescribed by law in general terms shall be imposed upon the
principals for a consummated felony.
Exception: When the penalty to be imposed upon the principal in frustrated or attempted felony
is fixed by law.
Graduation of penalties: 1. By degrees – refers to:
a. stages of execution (consummated, frustrated, or
attempted); and b. degree of the criminal participation of the offender
(whether as principal, accomplice or accessory). 2. By periods – refers to the proper period of
the penalty which should be imposed when aggravating or mitigating circumstances attend the
commission of the crime
ARTICLE 47 CASES WHEREIN THE DEATH PENALTY SHALL NOT BE IMPOSED
No longer of any force or effect because the substantive provisions thereof being inconsistent
with R.A 9346, while the procedural measures is superseded by the present revised Rules of

Court. ARTICLE 48
COMPLEX CRIMES
Plurality of Crimes It consists in the successive execution, by the same individual, of different
criminal acts, upon any of which no conviction has yet been declared.
Kinds: 1. Real or material plurality – DIFFERENT crimes in law, as well as in the conscience
of the offender; the offender shall be PUNISHED for each and every offense that he committed.
2. Formal or ideal plurality – only ONE criminal liability.
59
CRIMINAL BOOK ONE LAW Three groups under the formal type: a. When the
offender commits any of the complex
crimes in Art. 48. b. When the law specifically fixes a single penalty for two or more offenses
committed (Special Complex Crimes). c. When the offender commits continuous crimes.
I. Complex Crimes Under Article 48
A. Concept:
1. In complex crime, although 2 or more crimes are actually committed, they constitute only one
crime in the eyes of the law as well as in the conscience of the offender. 2. The offender has
only one criminal intent, hence there is only one penalty imposed for the commission of a
complex crime.
B. Two kinds of complex crimes:
1. Compound crime (delito compuesto) – a single act constitutes 2 or more grave or less grave
felonies Requisites: a. That only a single act is performed by the
offender; b. That the single act produces: i. Two or more grave felonies, or ii. One or more grave
and one or more less grave
felonies, or iii. Two or more less grave felonies.
Light felonies produced by the same act should be treated and punished as separate offenses
or may be absorbed by the grave felony.
When the crime is committed by force of violence, slight physical injuries are absorbed such as
in direct assault and rape. Reason: the slight physical injuries are the necessary consequence
of the force or violence inherent in the crimes of direct assault and rape.
Art. 48 speaks of two or more grave or less grave felonies resulting from a single act, which
excludes crimes punishable by special laws.
2. Complex crime proper (delito complejo) – an offense is a necessary means for committing
the other.
The first offense must be consummated.
Requisites: a. That at least two offenses are committed;
60
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
b. That one or some of the offenses must be
necessary to commit the other; and c. That both or all of the offenses must be
punished under the same statute.
Note: Necessary means is NOT equivalent to indispensable means.
C. No complex crime in the following cases:
1. In case of continuous crimes 2. When one offense is committed to conceal the
other; 3. When the other crime is an indispensable part or
an element of the other offenses; 4. Where one of the offenses is penalized by a
special law; 5. When the provision provides for a two-tiered penalty, e.g. Usurpation of property
 (Art. 312), malicious procurement of a search warrant (Art 129), bribery (Art 210 par 1),
maltreatment of prisoners (Art 235).
Notes: Art. 48 is intended to favor the culprit. Reason: the offender is deemed less perverse
than when he commits said crimes thru separate and distinct acts (People vs. Hernandez, 99
Phil. 515, 542-543).
The penalty for complex crime is the penalty for the most serious crime, the same to be applied
in its maximum period.
If different crimes resulting from one single act are punished with the same penalty, the penalty
for any one of them shall be imposed, the same to be applied in the maximum period.
When 2 felonies constituting a complex crime are punishable by imprisonment and fine,
respectively, only the penalty of imprisonment should be imposed. Reason: Fine is not included
in the list of penalties in the order of severity, and it is the last in the graduated scales in Art. 71
of the RPC.
When a complex crime is charged and one offense is not proven, the accused can be convicted
of the other.
There is NO complex crime of Estafa Thru Falsification of Private Document as both crimes
require damage as an element which if used for one renders the other incomplete, hence the
query is as to which crime was committed first.
If at the outset, the accused took a woman away against her will and with lewd designs on his
part, and he
CRIMINAL LAW BOOK ONE

thereafter raped her, this would clearly be the There is no complex crime of rebellion with murder,
complex crime of abduction with rape (People vs. arson, robbery, or other common crimes.
Oso, 62 Phil. 271).
Where the victim was kidnapped for the purpose of
On the other hand, the rule has been that if he had extorting ransom under pain of death, and he was
no lewd designs at the time of the forcible taking of later killed when no such ransom was paid, the
the victim, but the taking advantage later when the complex crime of kidnapping with murder was
victim was in his custody he raped her, he committed (Regalado, 2009, p.189).
committed two separate crimes of kidnapping, a
crime against personal liberty, and rape, then a Article 48 does not apply to acts penalized under
crime against chastity (People vs. Quitain, 99 Phil. Article 365 of the RPC. Article 48 Does not Apply
226). to Acts Penalized Under Article 365 of the
Revised Penal Code.
Subsequent acts of intercourse, after forcible
abduction with rape, are separate acts of rape for Article 48 is a procedural device allowing single
even while the first act of rape was being prosecution of multiple felonies falling under either
performed, the crime of forcible abduction was of two categories: (1) when a single act constitutes
already comsummated, so that each of the three two or more grave or less grave felonies (thus
succeeding rapes cannot be complexed with excluding from its operation light felonies; and (2)
forcible abduction (People vs. Jose, No. L-282232, when an offense is a necessary means for
Feb. 6, 1971). committing the other. The legislature crafted this
procedural tool to benefit the accused who, in lieu denied the beneficent effect of the favorable
of serving multiple penalties, will only serve the sentencing formula under Article 48, but any
maximum of the penalty for the most serious crime. disadvantage thus caused is more than
compensated by the certainty of non-prosecution
In contrast, Article 365 is a substantive rule for quasi-crime effects qualifying as “light offenses”
penalizing not an act defined as a felony but “the (or, as here, for the more serious consequence
mental attitude x xx behind the act, the dangerous prosecuted belatedly). it is so minded, Congress
recklessness, lack of care or foresight x xx,” a can re-craft Article 365 by extending to quasi-
single mental attitude regardless of the resulting crimes the sentencing formula of Article 48 so that
consequences. Thus, Article 365 was crafted as only the most severe penalty shall be imposed
one quasi-crime resulting in one or more under a single prosecution of all resulting acts,
consequences. Article 48 is incongruent to the whether penalized as grave, less grave or light
notion of quasi-crimes under Article 365. It is offenses. This will still keep intact the distinct
conceptually impossible for a quasi-offense to concept of quasi-offenses (Ivler v. San Pedro and
stand for (1) a single act constituting two or more Ponce G.R. No. 172716, November 17, 2010).
grave or less grave felonies; or (2) an offense
which is a necessary means for committing Rules in Art. 48 are NOT applicable: 1. When the
another. crimes subject of the case have common
Indeed, this is a constitutionally compelled choice. elements; 2. When the crimes involved are
By prohibiting the splitting of charges under Article subject to the rule of
365, irrespective of the number and severity of the absorption of one crime by the other; 3.
resulting acts, rampant occasions of Where the two offenses resulting from a single act
constitutionally impermissible second prosecutions are specifically punished as a single crime, such as
are avoided, not to mention that scarce state less serious physical injuries with serious slander
resources are conserved and diverted to proper of deed, since this is punished under Art. 265 par.
use. 2, as the single crime of less serious physical
injuries with ignominy; 4. In special complex crimes
Hence, we hold that prosecutions under Article 365 or composite crimes; 5. When the crimes involved
should proceed from a single charge regardless of cannot be legally complexed,
the number or severity of the consequences. In viz.: a. Malicious obtention or abusive service of
imposing penalties, the judge will do no more than search
apply the penalties under Article 365 for each
warrant (Art. 129) with perjury; b. Bribery
consequence alleged and proven. In short, there
(Art. 210) with infidelity in the custody of
shall be no splitting of charges under Article 365,
prisoners; c. Maltreatment of prisoners (Art.
and only one information shall be filed in the same
235) with serious
first level court.
physical injuries;
This ruling secures for the accused facing an
Article 365 charge a stronger and simpler
protection of their constitutional right under the
Double Jeopardy Clause. True, they are thereby SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERA
61
CRIMINAL BOOK ONE LAW d. Usurpation of real rights (Art. 312) with serious
physical injuries; and e. Abandonment of persons in danger (Art. 275) and crimes against
minors (Arts. 276 to 278) with any other felony.
II. Special Complex Crimes – those which are treated as single indivisible offenses although
comprising more than one specific crime and with specific penalty.
Examples: 1. Rape with homicide,
The homicide must always be consummated, otherwise, separate offenses. The rape may
either be consummated or attempted. 2. Kidnapping with homicide, 3. Kidnapping with rape,
Kidnapping with rape is different from abduction with rape. In the latter, there is lewd design
(People vs. Jose, G.R. No. L-28232, Feb. 6, 1971). 4. Robbery with homicide,
Additional homicide NOT aggravating. 5. Robbery with rape,
Additional rape not aggravating.
NOTE: There is no complex crime of Arson with (Multiple) Homicide. Accordingly, in cases
where both burning and death occur, in order to determine what crime/crimes was/were
perpetrated – whether arson, murder or arson and homicide/murder, it is de rigueur to ascertain
the main objective of the malefactor: a. if the main objective is the burning of the building or
edifice, but death results by reason or on the occasion of arson, the crime is simply arson, and
the resulting homicide is absorbed; b. if, on the other hand, the main objective is to kill a
particular person who may be in a building or edifice, when fire is resorted to as the means to
accomplish such goal the crime committed is murder only; lastly, c. if the objective is, likewise,
to kill a particular person, and in fact the offender has already done so, but fire is resorted to as
a means to cover up the killing, then there are two separate and distinct crimes committed –
homicide/murder and arson (People of the Philippines v. Edna Malngan G. R. No. 170470,
September 26, 2006).
When the crimes involved cannot be legally complexed, viz: 1.Malicious obtention or
abusive service of search warrant
(Art. 129) with perjury; 2.Bribery (Art. 210) with infidelity in the custody of
prisoners; 3.Maltreatment of prisoners (Art. 235) with serious
physical injuries;
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
4. Usurpation of real rights (Art. 312) with serious physical
injuries; and 5. Abandonment of persons in danger (Art. 275) and crimes against minors (Arts.
276-278) with another felony.
Ordinary Complex Crime
Special Complex Crime or Composite Crime
As to their Concept
It is made up of two or more crimes being punished in distinct provisions of the Revised Penal
Code but alleged in one information either because they were brought about by a single
felonious act or because one offense is a necessary means for committing the other offense or
offenses.
It is made up of two or more crimes which are considered only as components of a single
indivisible offense being punished in one provision of the Revised Penal Code.
As to Penalty
Penalty for the most serious crime shall be imposed and in its maximum period.
It is the penalty specifically provided for the special complex crime that shall be applied
according to the rules on imposition of the penalty.
Note: One information should be filed when a complex crime is committed.
III. Continuous crime – a single crime, consisting of a series of acts, but all arising from ONE
CRIMINAL RESOLUTION; length of time in the commission is immaterial. Requisites: 1.
Multiplicity of acts; 2. Unity of criminal purpose or intent; and 3. Unity of criminal offense
violated.
Not a complex crime because the offender does not perform a single act, but a series of acts,
and one offense is not a necessary means for committing the other.
In determining venue, a continued, continuous or continuing crime is DIFFERENT from a
transitory crime (moving crime) – in the latter case, criminal action may be instituted and tried in
the court of the municipality, city or province wherein any of the essential ingredients thereof
took place.
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CRIMINAL LAW BOOK ONE
Real or Material Plurality Continued Crime
There is a series of acts performed by the offender.
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS There is a series of acts performed by
the offender.
Each act performed by the offender constitutes a separate crime, each act is generated by a
criminal impulse.
The different acts constitute only one crime, all of the acts performed arise from one criminal
resolution.
ARTICLE 49 PENALTY TO BE IMPOSED UPON THE PRINCIPALS WHEN THE CRIME
COMMITTED IS DIFFERENT FROM THAT INTENDED
Rules: 1. If the penalty for the felony committed be higher than the penalty for the offense which
the accused intended to commit, the lower penalty shall be imposed in its maximum period. 2. If
the penalty for the felony committed be lower than the penalty for the offense which the accused
intended to commit, the lower penalty shall be imposed in its maximum period.
Art. 49 applies ONLY when there is a mistake in the identity of the victim of the crime, and the
penalty for the crime committed is different from that for the crime intended to be committed.
Also, it is applicable only when the intended crime and the crime actually committed are
punished with different penalties.
Article 49 Article 48
Lesser penalty is imposed, to be applied in maximum periods.
Penalty for the more or most serious crime shall be imposed, to be applied in its maximum
period.
Note: For Articles 50-57 and 60, refer to Art. 61 herein provided.
ARTICLE 58 ADDITIONAL PENALTY TO BE IMPOSED UPON CERTAIN ACCESSORIES
Public officers who help the author of the crime by misusing their office and duties shall suffer
the additional penalties of: 1. Absolute perpetual disqualification, if the principal
offender is guilty of a grave felony; 2. Absolute temporary disqualification if the principal
offender is guilty of less grave felony.
This article applies only to public officers who abused their public functions.
ARTICLE 59 PENALTY TO BE IMPOSED IN CASE OF FAILURE TO COMMIT THE CRIME
BECAUSE THE MEANS EMPLOYED OR THE AIMS SOUGHT ARE IMPOSSIBLE
Impossible Crime The penalty for impossible crime is arresto mayor (imprisonment of 1 month
and 1 day to 6 months) or fine ranging from 200-500pesos.
Basis for the imposition of proper penalty: 1. Social danger; and 2. Degree of criminality
shown by the offender
ARTICLE 61 RULES OF GRADUATING PENALTIES
According to Arts. 50-57, the penalty prescribed by law for the felony shall be lowered by one or
two degrees, as follows: 1. For the principal in frustrated felony – one degree
lower; 2. For the principal in attempted felony – two degrees
lower; 3. For the accomplice in consummated felony – one
degree lower; 4. For the accessory in consummated felony – two
degrees lower;
Diagram of the application of Arts. 50- 57:
Frus-
Consummated
Attempted
Trated Principal 0 1 2 Accomplice 1 2 3 Accessory 2 3 4
In this diagram, “0” represents the penalty prescribed by law in defining a crime, which is to be
imposed on the principal in a consummated offense, in accordance with the provisions of Art.
46. The other figures represent the degrees to which the penalty must be lowered, to meet the
different situations anticipated by law.
Bases for the determination of the extent of penalty to be imposed under the RPC: 1.
Stage reached by the crime in its development (either
attempted, frustrated or consummated) 2. Participations therein of the persons liable 3.
Aggravating or mitigating circumstances which attended
the commission of the crime.
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CRIMINAL BOOK ONE LAW Degree It is one entire penalty, one whole penalty or one
unit of the penalties enumerated in the graduated scales provided for in Art. 71.
When there is mitigating or aggravating circumstance, the penalty is lowered or increased by
period only; Exception: When the penalty is divisible and there are two or more mitigating and
without aggravating circumstances, in which case the penalty is lowered by degree.
Period It is one of the three equal portions, called minimum, medium and maximum, of a
divisible penalty.
Exceptions to the rules established in Arts. 50 to 57 (Article 60): Arts. 50 to 57 shall NOT
apply to cases where the law expressly prescribes the penalty for a frustrated or attempted
felony, or to be imposed upon accomplices or accessories. (Art. 60)
General Rule: An accomplice is punished by a penalty one degree lower than the penalty
imposed upon the principal.
Exceptions: The following accomplices are punished with the same penalty imposed upon the
principal: 1. The ascendants, guardians, curators, teachers and any person who by abuse of
authority or confidential relationship, shall cooperate as accomplices in the crimes of rape, acts
of lasciviousness, seduction, corruption of minors, white slave trade or abduction (Art. 346); and
2. One who furnished the place for the perpetration of the
crime of slight illegal detention (Art. 268)
When penalty prescribed is single and indivisible – the penalty next lower in degree shall be that
immediately following that indivisible penalty in the respective graduated scale in Article 71;
If the penalty prescribed by the Code consists in three periods, corresponding to different
divisible penalties, the penalty next lower in degree is the penalty consisting in the three periods
down in the scale;
If the penalty prescribed by the Code consists in two periods, the penalty next lower in degree is
the penalty consisting in two periods down in the scale;
64
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
If the penalty prescribed by the Code consists in only one period, the penalty next lower in
degree is the next period down in the scale.
Mitigating and aggravating circumstances are disregarded in the application of the rules for
graduating penalties.
SECTION TWO – RULES FOR THE APPLICATION OF PENALTIES WITH REGARD TO THE
MITIGATING AND AGGRAVATING CIRCUMSTANCES, AND HABITUAL DELINQUENCY
ARTICLE 62 EFFECTS OF THE ATTENDANCE OF MITIGATING OR AGGRAVATING
CIRCUMSTANCES AND OF HABITUAL DELIQUENCY
Rules regarding aggravating and mitigating circumstances: 1. Aggravating circumstances
which (a) in themselves constitute a crime especially punished by law or which (b) are included
by the law in defining a crime and prescribing the penalty therefor are not to be taken into
account to increase the penalty.
Maximum penalty shall be imposed: a. When in the commission of the crime, advantage was
taken by the offender of his public position; b. If the offense was committed by any person who
belongs to an organized/syndicated crime group. 2. The preceding rule applies with respect to
aggravating
circumstances which are inherent in the crime; 3. Aggravating or mitigating circumstances which
arise
from: a. The moral attributes of the offender, or b. From his private relations from the offended
party,
or c. From any other personal cause, serve to aggravate or mitigate the liability of the principals,
accomplices and accessories as to whom such circumstances are attendant; 4. The
circumstances which consist in:
a. material execution of the act, or b. the means employed to accomplish it, shall serve to
aggravate or mitigate the liability only of those persons who had knowledge of them at the time
of the execution of the act or their cooperation therein. 5. Additional penalty for habitual
delinquency:
a. Upon 3rd conviction – culprit shall be sentenced to the penalty provided by law for the last
crime of which he is found guilty and to the additional penalty of prision correccional in its
medium and maximum periods. b. Upon a 4th conviction – the culprit shall be sentenced to the
additional penalty of prision mayor in its minimum and medium periods.
CRIMINAL LAW BOOK ONE
c. Upon 5th or additional conviction – the culprit shall be sentenced to the additional penalty of
prision mayor in its maximum period to reclusion temporal in its minimum period.
Total of the two penalties shall NOT exceed 30 years.
Effects: 1. Aggravating circumstances (generic and specific) have the effect of increasing the
penalty, without however exceeding the maximum period provided by law. 2. Mitigating
circumstances have the effect of diminishing
the penalty. 3. Habitual delinquency has the effect, not only of increasing the penalty because of
recidivism which is generally implied in habitual delinquency, but also of imposing an additional
penalty.
Requisites of habitual delinquency: (ConCom10) 1. That the offender had been convicted of
any of the
crimes of (FRETSeL) a. Falsification, b. Robbery, c. Estafa, d. Theft or e. Serious or less
serious physical injuries. 2. That after conviction or after serving his sentence, he again
committed, and, within 10 years from his last release of first conviction, he was again convicted
of any of the said crimes for the second time. 3. That after his conviction of, or after serving
sentence for the second offense, he again committed, and, within 10 years from his last release
or last conviction, he was again convicted of any of said offenses, the third time or oftener.
Subsequent crime must be committed AFTER conviction of former crime.
In determining the court’s jurisdiction, additional penalty is NOT considered.
Recidivism
Habitual Deliquency As to the CRIMES committed The crimes are specified
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS It is sufficient that the accused on the
date of his trial, shall have been previously convicted by final judgment of another crime
embraced in the same title.
As to the PERIOD of time the crimes are committed The offender is found guilty within ten
years from his last release or last conviction.
No period of time between the former conviction and the last conviction.
As to the NUMBER of crimes committed The accused must be found guilty the third time or
oftener of the crimes specified.
The second offense is for an offense found in the same title.
As to their EFFECTS An additional penalty is also imposed.
If not offset by a mitigating circumstance, it serves to increase the penalty only to the maximum
A convict can be a habitual delinquent without being a recidivist when no two of the crimes
committed are embraced in the same title of the RPC.
The imposition of additional penalty for habitual delinquency is constitutional because it is
neither an ex post facto law nor does its imposition constitute double jeopardy since it is not
imposed for the same offense but for the moral depravity of the accused.
ARTICLE 63 RULES FOR THE APPLICATION OF INDIVISIBLE PENALTIES
Imposable penalty It is the penalty that will be imposed after applying the RPC and ISL
Prescribed penalty It is the penalty prescribed by the RPC after considering the mitigating and
aggravating circumstances
Outline of the rules: 1. When the penalty is single indivisible, it shall be applied regardless of
any mitigating (except if privilege mitigating) or aggravating circumstances. 2. When the penalty
is composed of two indivisible
penalties, the following rules shall be observed: a. When there is only one aggravating
circumstance,
the greater penalty shall be imposed. b. When there is neither mitigating nor aggravating
circumstances, the lesser penalty shall be imposed. c. When there is a mitigating circumstance
and no aggravating circumstance, the lesser penalty shall be imposed.
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 CRIMINAL BOOK ONE LAW d.When both mitigating and aggravating circumstances
are present, the court shall allow them to offset one another. 3. When the penalty is composed
of two indivisible penalties, the penalty cannot be lowered by one degree, no matter how many
ordinary mitigating circumstances are present.
Exception: When a privileged mitigating circumstance under Art. 68 or Art. 69 is present.
ARTICLE 64 RULES FOR THE APPLICATION OF PENALTIES, WHICH CONTAIN THREE
PERIODS
Outline of the rules: 1. No aggravating and no mitigating – medium period. 2. Only mitigating –
minimum period. 3. Only aggravating – maximum period. 4. Where there are aggravating and
mitigating – the court shall offset those of one class against the other according to their relative
weight. 5. Two or more mitigating and no aggravating – penalty next lower, in the period
applicable, according to the number and nature of such circumstances. If there are three
mitigating circumstances but two aggravating circumstances, the rule is not applicable. The
effect is to fix the period at the minimum only. 6. No penalty greater than the maximum period of
the penalty prescribed by law shall be imposed, no matter how many aggravating circumstances
are present. 7. The court can determine the extent of the penalty within the limits of each period,
according to the number and nature of the aggravating and mitigating circumstances and the
greater or lesser extent of the evil produced by the crime.
Cases in which mitigating and aggravating circumstances are NOT considered in the
imposition of penalty: 1. When the penalty is single and indivisible (except if
privileged mitigating) 2. In felonies through negligence 3. When the penalty is only a fine
imposed by an
ordinance 4. When the penalties are prescribed by special laws.
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
ARTICLE 65 RULES IN CASES OF PENALTY NOT COMPOSED OF THREE PERIODS
The courts shall apply the rules in the preceding articles by: 1. dividing into three (3) equal
portions the time included
in the penalty prescribed, and 2. forming one period of each of the three portions.
ARTICLE 66 IMPOSITION OF FINES
Outline of the provision: 1. The court can fix any amount of the fine within the limits
established by law. 2. The court must consider:
a. the mitigating and aggravating circumstances; and b. more particularly, the wealth or means
of the culprit. 3. The court may also consider:
a. the gravity of the crime committed; b. the heinousness of its perpetration; and c. the
magnitude of its effects on the offender’s victims (People v. Manuel, CA-G.R. Nos. 14648-61-
R,July 6, 1957).
Note: When the minimum of the fine is not fixed by law, the determination of the amount of fine
is left to the sound discretion of the court, provided it shall not exceed the maximum authorized
by law.
Wealth or means of culprit is the main consideration in the imposition of fines.
ARTICLE 67 WHEN NOT ALL REQUISITES OF ACCIDENT ARE PRESENT
If not all the conditions necessary to exempt from liability under Art. 12 (4) are present, the act
should be considered as: 1. Reckless imprudence, if the act is executed without taking those
precautions or measures which the most common prudence would require; and 2. Simple
imprudence, if it is a mere lack of precaution in those cases where either the threatened harm is
not imminent or the danger is not openly visible.
66
CRIMINAL LAW BOOK ONE
ARTICLE 68 PENALTY TO BE IMPOSED UPON A PERSON UNDER 18 YEARS OF AGE
Application of Art. 68: 1. This article is NOT immediately applicable to a minor under 18 years
of age, because when such minor is found guilty of the offense charged, the court shall
determine the penalty in the judgment of conviction but shall suspend the promulgation (not the
execution) and orders commitment to a reformatory institution, if the court therefor approves his
application.
Upon the recommendation of the social worker who has custody of the child, the court shall
dismiss the case against the child and shall order the final discharge of the child if it finds that
the objective of the disposition measures have been fulfilled.
2. This article has been repealed or amended in the sense that the accused in par. 1 thereof is
completely absolved from criminal liability under RA 9344, hence there is no basis for
considering any privileged mitigating circumstance in his favor. 3. That circumstance may,
however, be involved in its par. 2 where the accused is over 15 and below 18 years of age but
he acted with discernment, and he is returned to the other correlative proceedings, if any, have
not achieved their purposes and, in effect, the accused has been found to be incorrigible
(Regalado).
If the court finds that the objective of the disposition measures imposed upon the child in conflict
with the law have not been fulfilled, or if the child in conflict with the law has willfully failed to
comply with the conditions of his/her disposition or rehabilitation program, the child in conflict
with the law shall be brought before the court for promulgation (not execution) of judgment.
If said child in conflict with the law has reached eighteen (18) years of age while under
suspended sentence, the court shall determine whether to discharge the child, to order
execution of sentence, or to extend the suspended sentence for a certain specified period or
until the child reaches the maximum age of twenty-one (21) years (RA 9344)
ARTICLE 69 PENALTY TO BE IMPOSED WHEN THE CRIME COMMITTED IS NOT
WHOLLY EXCUSABLE
Penalty: Lower by one or two degrees than that prescribed by law
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS Application: When there is lack of
some of the conditions required to justify the deed or to exempt from criminal liability in the
several cases mentioned in Arts. 11 and 12; PROVIDED THAT, the majority of such conditions
be present.
Unlawful aggression is indispensable in self-defense, defense of relatives and defense of
stranger, without which, the offender is not entitled to reduction.
ARTICLE 70 SUCCESSIVE SERVICE OF SENTENCE
When the culprit has to serve two or more penalties, he shall serve them simultaneously if the
nature of the penalties will so permit.
Otherwise, the order of their severity (under this article) shall be followed – so that they may be
executed successively
Penalties which may be simultaneously served are: 1. Perpetual absolute disqualification 2.
Perpetual special disqualification 3. Temporary absolute disqualification 4. Temporary special
disqualification 5. Suspension 6. Destierro 7. Public censure 8. Fine and bond to keep the
peace 9. Civil interdiction 10. Confiscation and payment of costs
If the sum total of all the penalties does NOT exceed the most severe of all the penalties
multiplied by three, the three-fold rule does NOT apply.
The Three-Fold Rule: (3:4:40) 1. The maximum duration of the convict’s sentence shall NOT
be more than three times the length of time corresponding to the most severe of the penalties
imposed upon him. 2. But in no case to exceed 40 years. 3. This rule shall apply only when the
convict is to serve 4
or more sentences successively. 4. Subsidiary penalty forms part of the penalty.
Different systems of penalty, relative to the execution of two or more penalties imposed
on one and the same accused: 1. Material accumulation system
No limitation whatever, and accordingly, all the penalties for all the violations were imposed
even if they reached beyond the natural span of human life.
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CRIMINAL BOOK ONE LAW 2. Juridical accumulation system
Limited to not more than three-fold the length of time corresponding to the most severe and in
no case to exceed 40 years. This is followed in our jurisdiction.
3. Absorption system
The lesser penalties are absorbed by the graver penalties.
ARTICLE 71 GRADUATED SCALES
Apply this article in determining the proper degree where the law prescribes a penalty lower or
higher by two or more degrees than another given penalty.
Scale No. 1 Scale No. 2 1. Death
1. Perpetual absolute 2. Reclusion perpetua
disqualification 3. Reclusion temporal
2. Temporary absolute 4. Prision mayor
disqualification 5. Prisioncorreccional
3. Suspension from 6. Arresto mayor
public office, the right 7. Destierro
to vote and be voted 8. Arrestomenor
for, and the right to 9. Public censure
follow a profession or 10. Fine
calling 4. Public censure 5. Fine
ARTICLE 72 PREFERENCE IN THE PAYMENT OF CIVIL LIABILITIES
Civil liability is satisfied by following the chronological order of the dates of the final judgment.
SECTION THREE – PROVISIONS COMMON IN THE LAST TWO PRECEDING SECTIONS
(ARTS. 73-77)
Art. 73 – Accessory penalties are also deemed imposed upon the convict.
Art. 74 – The penalty higher than reclusion perpetua, when death is not provided by law, shall
be the same penalty and the accessory penalties of Article 40
Reason: penalty of death must be specifically imposed by law as a penalty for a given crime.
Art. 75 – When necessary, fine shall be increased or reduced for each degree, by 1⁄4 of the
maximum amount prescribed by law, without however, changing the minimum.
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SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
Fines are graduated into degrees for the accomplices and accessories and for the principals in
frustrated and attempted felonies.
Distinctions between fine with a minimum and fine without a minimum. 1. In both, the law
fixes the maximum of the fine. 2. When the law fixes the minimum of the fine, the court cannot
change the minimum; whereas, when the law does not state the minimum of the fine but only
the maximum, the court can impose any amount not exceeding such maximum. 3. When the
law fixes both the minimum and the maximum, the court can impose an amount higher than the
maximum; whereas, when only the maximum is fixed, it cannot impose an amount higher than
the maximum.
Art.76 – The legal period of duration of penalties shall be considered as divided into three parts,
forming three periods, the minimum, the medium, and the maximum.
ARTICLE 77 WHEN THE PENALTY IS A COMPLEX ONE COMPOSED OF THREE DISTINCT
PENALTIES
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.
An example of this is the present penalty for treason by a resident alien, which is reclusion
temporal to death (Article 114). With the abolition of the death penalty, such concept of a
complex penalty finds no application now in the computation of penalties, but it is submitted that
the impasse may be resolved through the process of computation stated in the second
paragraph (Regalado).
INDETERMINATE SENTENCE LAW (ISL) Act No. 4103 as amended byAct No. 4225
Concept of Indeterminate Sentence It is a sentence with a minimum term and a maximum
term which, the court is mandated to impose for the benefit of a guilty person who is not
disqualified therefore, when the maximum imprisonment exceeds one (1) year. It applies to both
violations of Revised Penal Code and special laws.
Purpose of ISL: To uplift and redeem valuable human material and prevent unnecessary and
excessive deprivation of personal liberty and economic usefulness
CRIMINAL LAW BOOK ONE
(People vs Ducosin, 59 Phil 109; People vs Onate, 78 SCRA 43) (Gregorio).
A. Sentence in the ISL
Sentence in the ISL If the penalty is imposed by the RPC
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS If the penalty is imposed by Special
Penal Laws Maximum Term That which could be properly imposed under the RPC,
considering the aggravating and mitigating circumstances.
Must not exceed the maximum term fixed by said law.
Minimum Term Within the range of the penalty one degree lower than that prescribed by the
RPC, without considering the circumstances
Note:BUT when there is a privileged mitigating circumstance, so that the penalty has to be
lowered by one degree, the STARTING POINT for determining the minimum term of the
indeterminate penalty is the penalty next lower than that prescribed by the Code for the offense.
Must not be less than the minimum term prescribed by the same.
Note:For special laws, it is anything within the inclusive range of the prescribed penalty. Courts
are given discretion in the imposition of the indeterminate penalty. The aggravating and
mitigating circumstances are not considered unless the special law adopts the same
terminology for penalties as those used in the RPC (such as reclusiónperpetua and the like).
In imposing a prison sentence for an offense punished by the Revised Penal Code or special
penal laws, the court shall sentence the accused to an indeterminate sentence, which has a
maximum and a minimum term based on the penalty ACTUALLY IMPOSED.
ISL application is mandatory, where imprisonment would exceed one year.
BUT only when ISL would be favorable to the accused; if it would result in lengthening his prison
sentence, ISL should NOT be applied.
Note: The modifying circumstances are considered only in the imposition of the maximum term
of the indeterminate sentence (They are not considered in fixing the minimum).
B. When benefit of the ISL is NOT applicable:
The Indeterminate Sentence Law shall not apply to the following persons: 1D2P2 THEM 1.
Maximum term of imprisonment actually imposed
does not exceed 1 year 2. Sentenced to the penalty of destierro or suspension
only 3. sentenced to death penalty, reclusion perpertua, or
life imprisonment 4. Convicted of piracy 5. Granted with conditional pardon by the president,
but violated the terms thereof 6. Convicted of treason, or conspiracy or proposal to
commit treason 7. Habitual delinquent 8. Escaped from confinement as a prisoner, or evaded
sentence 9. Convicted misprision of treason, espionage
rebellion, or sedition (MERS)
BUT a recidivist for the first time may be given the benefits of the ISL.
C. Release of the Prisoner on Parole
The Board of Pardons and Parole may authorize the release of a prisoner on parole, after he
shall have served the minimum penalty imposed on him, PROVIDED that: 1. Such prisoner is
fitted by his training for release, 2. There is reasonable probability that he will live and
remain at liberty without violating the law, 3. Such release will not be incompatible with the
welfare of society.
D. Entitlement to Final Release and Discharge
If during the period of surveillance such paroled prisoner shall: 1. Show himself to be a law-
abiding citizen and, 2. Shall not violate any law, The Board may issue a final certification in his
favor,
for his final release and discharge.
E. Sanction for Violation of Conditions of the Parole
When the paroled prisoner shall violate any of the conditions of his parole: 1. The Board may
issue an order for his arrest, and
thereafter, 2. The prisoner shall serve the remaining unexpired portion of the maximum
sentence for which he was originally committed to prison.
F. Reasons for Fixing the Maximum and Minimum
Terms in the Indeterminate Sentence The minimum and maximum terms in the ISL must be
fixed, because they are the basis for the following:
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CRIMINAL BOOK ONE LAW 1. Whenever a prisoner has: (a) served the MINIMUM
penalty imposed on him, and (b) is fit for release of the prisoner on parole, upon terms and
conditions prescribed by the Board. 2. But when the paroled prisoner violates any of the
conditions of his parole during the period of surveillance, he may be rearrested to serve the
remaining unexpired portion of the MAXIMUM sentence. 3. Even if a prisoner has already
served the MINIMUM, but he is not fitted for release on the parole, he shall continue to serve
until the end of the MAXIMUM term.
In fixing the minimum penalty, it is necessary for the court to consider the criminal, first, as an
individual and, second, as a member of society.
G. Illustrations of Application of Indeterminate
Sentence Law 1. Under the Revised Penal Code:
A penalty of reclusion temporal was imposed upon A for committing homicide. a. There is no
mitigating or aggravating
circumstance i. Maximum Term – reclusion temporal which
should be imposed in the medium period (Art 64 par. 1) ii. Minimum Term – anywhere within the
range of prision mayor, the penalty next lower from reclusion temporal. b. There is one
ordinary mitigating
circumstance i. Maximum term – reclusion temporal, in its minimum period, after considering
the mitigating circumstance. ii. Minimum term – anywhere within the range of prision mayor
without reference to any of its period. c. There is one aggravating circumstance
i. Maximum Term – reclusion temporal, in its maximum period, after considering the aggravating
circumstance ii. Minimum Term – anywhere within the range of prision mayor without reference
to any of its period
2. Under Special Law:
A is convicted of illegal possession of firearms punishable by 1 year and 1 day to 5 years of
imprisonment a. Maximum Term – shall not exceed 5 years as
fixed by law
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
b. Minimum Term – shall not be less than the minimum of 1 year and 1 day prescribed by said
law.
PROBATION LAW OF 1976 (PD 968, as amended)
A. Concept
Probation It is a disposition under which a defendant after conviction and sentence is released
subject to conditions imposed by the court and to the supervision of a probation officer.
Probation is NOT an absolute right. It is a mere privilege whose grant rests upon the discretion
of the trial court. Its grant is subject to certain terms and conditions that may be imposed by the
trial court. Having the power to grant the probation, it follows that the trial court also has the
power to order its revocation in a proper case and under proper circumstances.
B. Three- Fold Purpose
1. To promote the correction and rehabilitation of an offender by providing him with
individualized treatment; 2. To provide an opportunity for the reformation of a penitent offender
which might be less probable if he were to serve a prison sentence; and 3. To prevent the
commission of offenses.
C. Application
This shall apply to all offenders except those entitled to benefits under PD 603 and similar laws.
May be granted even if the sentence is fine only, but with subsidiary imprisonment in case of
 insolvency.
D. Where and When to File the Application:
An APPLICATION for probation shall be filed by the defendant with the trial court within the
period for perfecting an appeal.
Note: NO application for probation shall be entertained or granted if the defendant has
PERFECTED AN APPEAL from the judgment of conviction.
E. Effects of Filing and Grant/Denial of Application
a. FILING of application for probation operates as a
waiver of the right to appeal. b. The order granting or denying probation shall not be
appealable. c. Accessory penalties are deemed suspended once
probation is granted.
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CRIMINAL LAW BOOK ONE

d. Civil liability is not affected by the suspension the offender. 2. Available institutional and
of the sentence imposed on the accused who is community resources.
granted probation; court must hear the civil
aspect. H. Probation shall be denied if the court
finds that:
The court may, after it shall have convicted and 1. The offender is in need of correctional
sentenced a child in conflict with the law, and treatment that can be provided effectively by his
upon application at any time, place the child on commitment to an institution. 2. There is undue
probation in lieu of his/her sentence, taking into risk of committing another crime. 3. Probation
account the best interest of the child. For this will depreciate the seriousness of the
purpose, Section 4 of presidential Decree No. offense committed.
968, otherwise known as the “Probation Law of
1976” is hereby amended accordingly (Sec. 42, I. Disqualified
RA 9344, Juvenile Delinquency Law). Offenders
The benefits of the Decree shall NOT be
F. Post-sentence extended to those: 1. Sentenced to serve a
Investigation maximum term of imprisonment
The convict is not immediately placed on of more the 6 years. 2. Convicted of
probation. There shall be a prior investigation by subversion or any crime against the
the probation officer and a determination by the
national security or public order. 3.
court. He may, however, be released under his
Previously convicted by final judgment of an
bail filed in the criminal case or on
offense punished by imprisonment of not less
recognizance.
than 1 month and 1 day and/or a fine not less
than P200. 4. Once placed on probation. 5. Who
G. Criteria for Placing an Offender on
appealed. 6. Convicted of drug trafficking or drug
Probation
pushing 7. Convicted of election offenses under
The court shall consider: 1. All information the Omnibus
relative to the character, antecedents,
Election Code.
environment, mental, and physical condition of
Note: #5 does not apply to minor offenders. A one year, said period shall not exceed 6
child in conflict with law can apply probation years. 3. When the sentence imposes a fine
ANYTIME. only and the offender is made to serve
J. Conditions of subsidiary imprisonment. The period of
Probation probation shall be twice the total number of days
Two kinds of conditions imposed: 1. of subsidiary imprisonment.
Mandatory or general – once violated, the
probation L. Arrest of Persons on Probation and
is cancelled. They are: a. Probationer: Subsequent Dispositions
Presents himself to the probation officer 1. At any time during probation, the court may
designated to undertake his supervision, at issue a warrant for the ARREST of a probationer
such place as may be specified in the order, for any serious violation of the conditions of
within 72 hours from receipt of order; b. He probation, or upon commission of another
reports to the probation officer at least once a offense. 2. If violation is established, the court
month. 2. Discretionary or special – may (a) REVOKE his probation, or (b) continue
additional conditions listed, which the courts may his probation and MODIFY the conditions
additionally impose on the probationer towards thereof. This order is not appealable. 3. If
his correction and rehabilitation outside prison. revoked, the probationer shall SERVE the
HOWEVER, the enumeration is not inclusive. sentence originally
Probation statutes are liberal in character and imposed.
enable the courts to designate practically ANY
term it chooses, as long as the probationer’s M. Termination of
Constitutional rights are not jeopardized. Also, Probation
they must not be unduly restrictive of probationer, The court may order the final discharge of the
and not incompatible with the freedom of probationer upon finding that, he has fulfilled the
conscience of probationer. terms and conditions of his probation. N. Effects
of Termination of Probation
K. Period of 1. Case is deemed terminated. 2.
Probation Restoration of all civil rights lost or
For how long may a convict be placed on suspended.
probation? 1. If the convict is sentenced to a
term of imprisonment of NOT more than one
year, the period of probation shall not exceed 2 SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERA
years. 2. In all other cases, if he is sentenced to 71
more than
72
CRIMINAL BOOK ONE LAW 3. Fully discharges liability for any fine imposed.
Note that the probation is NOT coterminous with its period. There must be an order issued by
the court discharging the probationer (Bala vs. Martinez, 181 SCRA 459, 1990).
Pardon Probation
Includes any crime and is exercised individually by the President
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
CHAPTER FIVE: EXECUTION AND SERVICE OF PENALTIES (ARTS. 78-88)
ARTICLE 78 WHEN AND HOW PENALTY IS TO BE EXECUTED
Only penalty by final judgment can be executed. A penalty Exercised individually
shall be executed in the form prescribed by law and with by the trial court.
any circumstances or incidents expressly authorized thereby.
Exercised when the person is already convicted
ARTICLE 79 SUSPENSION OF THE EXECUTION AND SERVICE OF THE PENALTIES IN
CASE OF INSANITY
Rules regarding execution and service of penalties in case of insanity: 1. When a convict
becomes insane or imbecile after final sentence has been pronounced, the execution of such
sentence is suspended only as regards the personal penalty. 2. If he recovers his reason, his
sentence shall be
executed unless the penalty has prescribed. 3. Even if while serving his sentence, the convict
becomes insane or imbecile, the above provisions shall be observed. 4. But the payment of his
civil or pecuniary liabilities shall
not be suspended.
NOTE: Art. 80 has been repealed by PD 603 which was amended by RA 9344.
THE CHILD AND YOUTH WELFARE CODE (PD 603, As Amended)
Who is a Youthful Offender? R.A. 9344 (Juvenile Justice & Welfare Act of 2006) repealed
P.D. 603 (The Child and Youth Welfare Code) on the matter so that a child 15 years of age or
below at the time of the commission of the offense is exempt from criminal liability. If the child is
over 15 but less than 18 years of age, he is likewise exempt from criminal liability UNLESS he
acted with discernment.
What is the Purpose of the Code? The purpose is to avoid a situation where JUVENILE
OFFENDERS would commingle with ordinary criminals in prison.
Guidelines: If the court finds that the youthful offender committed the crime charged against
him, it shall DETERMINE the Must be exercised within the period for perfecting an appeal.
Merely looks FORWARD and relieves the offender from the consequen- ces of an offense of
which he has been convicted; it does not work for the restoration of the rights to hold public
office, or the right of suffrage, unless such rights are expressly restored by means of pardon.
It promotes the correction and rehabilitation of an offender by providing him with individualized
treatment; provides an opportunity for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence; and prevent the commission of offenses.
Does not alter the fact that the accused is a recidivist as it produces only the extinction of the
personal effects of the penalty
Does not alter the fact that the accused is a recidivist as it provides only for an opportunity of
reformation to the penitent offender
Does not extinguish the civil liability of the offender
Does not extinguish the civil liability of the offender
Being a PRIVATE ACT by the President, it must be pleaded and proved by the person
pardoned
Being a grant by the trial court; it follows that the trial court also has the power to order its
revocation in a proper case and under proper circumstances.
CRIMINAL LAW BOOK ONE
imposable penalty and the civil liability chargeable other penalties (reclusion perpetua, reclusion
against him. temporal, prision mayor, prisioncorrecional&arresto
mayor)
The court may not pronounce judgment of
conviction but instead SUSPEND all further ARTICLE 87 DESTIERRO Destierro It is
proceedings. considered as a principal, correctional and divisible
penalty. Therefore jurisdiction over crimes
Note: Suspension of sentence shall NOT APPLY punishable with destierro lies with the Municipal
TO (1) a youthful offender who once enjoyed Trial Court.
suspension of sentence under its provisions, or (2)
one who is convicted of an offense punishable by Only in the following cases is destierro
death or life imprisonment. imposed: 1. Death or serious physical injuries is
caused or are inflicted under exceptional
The youthful offender shall be RETURNED to the circumstances (Art. 247);
committing court for pronouncement of judgment, 2. Failure to give bond for good behavior in grave
when the youthful offender: 1. has been found and
incorrigible, or 2. has willfully failed to comply with light threats (Art. 284); 3. Penalty for the
the conditions of his concubine in concubinage (Art. 334); 4. When,
rehabilitation programs; or 3. when his after reducing the penalty by one or more
continued stay in the training institution would degrees, destierro is the proper
be inadvisable. penalty.

When the youthful offender has reached the age of Entering the prohibited area is evasion of the
EIGHTEEN while in commitment, the court shall service of the sentence.
determine whether- 1. To DISMISS the case, if the
youthful offender has behaved properly and has ARTICLE 88
shown his capability to be a useful member of the ARRESTO
community; or 2. To PRONOUNCE the judgment MENOR
of conviction, if the
conditions mentioned are not Served in: 1. Municipal jail; 2. House of defendant
met. himself under the surveillance of an officer of law
BUT ONLY when the court so provides in its
In the latter case, the convicted offender may decision
apply for PROBATION. In any case, the youthful
offender shall be credited in the service of his Grounds: health of the offender; other reasons
sentence with the full time spent in actual satisfactory to the court TITLE FOUR:
commitment and detention. EXTINCTION OF
The final release of a youthful offender, based CRIMINAL LIABILITY
on good conduct as provided in Art. 196 shall
not obliterate his CIVIL LIABILITY for damages. CHAPTER ONE: TOTAL EXTINCTION OF

CRIMINAL LIABILITY (ARTS. 89-93)

Note: Arts. 81 – 85 refer to execution of Death
Penalty Arts. 86 refers to execution and service of
 completely extinguishes the penalty
ARTICLE 89 CRIMINAL
and all its effects; 7. By marriage of the
LIABILITY IS TOTALLY
offended woman with the offender in the crimes of
EXTINGUISHED
rape, seduction, abduction, and acts of
lasciviousness. In the crimes of rape, seduction,
How criminal liability totally extinguished:
abduction, and acts of lasciviousness, the
(DSP3AM) 1. By the death of the convict as to
marriage, as provided under Art. 344, must be
personal penalties; but as to pecuniary penalties,
contracted in good faith.
liability is extinguished only when the death of the
offender occurs before final judgment; 2. By
service of sentence; however, it does not
extinguish the civil liability; (Salgado vs. Court of
Appeals, G.R. No. 89606, August 30, 1990) 3. By SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERA
absolute pardon; 4. By prescription of the crime; 5. 73
By prescription of penalty; 6. By amnesty, which
CRIMINAL BOOK ONE LAW Extinction of criminal liability does not automatically
extinguish civil liability (Petralba v. Sandiganbayan, G.R. no. 8137, August 16, 1991).
Death of the offended party will not extinguish the criminal liability of the accused even in private
offenses.
Civil liability is extinguished only when death occurs before final judgment.
Judgment becomes final: 1. After the lapse of the period for perfecting an appeal; or 2. When
the sentence has been partly or totally satisfied
or served; or 3. The defendant has expressly waived in writing his right
to appeal (Sec. 7, Rule 16, Rules of Court).
Effect of death of the accused pending appeal of his conviction General Rule: The death
of the accused pending the appeal of his conviction extinguishes his criminal liability as well as
his civil liability based solely on the offense committed.
Exception: Civil liability arising from sources other than the crime committed survives and may
be pursued in a separate civil action. Sources of civil liability other than crime are law, contracts,
quasi-contracts and quasi- delicts. (People vs. Bayotas, G.R. No. 152007, September 2, 1994)
Amnesty It is an act of the sovereign power granting oblivion or general pardon for a past
offense, and is rarely if ever exercised in favor of a single individual, and is usually extended in
behalf of certain classes of persons who are subject to trial but have not yet been convicted.
Pardon It is 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.
Pardon must be given AFTER final judgment, otherwise, there will be violation of the Doctrine of

Separation of Powers. Absolute Pardon Conditional Pardon

The total extinction of
The exemption of an criminal liability of the
individual within certain individual to whom it is
limits or conditions from granted without any
the punishment which condition.
the law inflicts for the
74
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS
offense he had It restores to the
committed resulting in individual his civil and
the partial extinction of political rights and
his criminal liability. remits the penalty imposed for the particular offense of which he was
convicted.
Pardon Amnesty
Includes any crime and is exercised individually by the President
A blanket pardon to classes of persons or communities who may be guilty of political offenses.
Exercised when the person is already convicted
May be exercised even before trial or investigation is had
Merely looks FORWARD and relieves the offender from the consequen- ces of an offense of
which he has been convicted; it does not work for the restoration of the rights to hold public
office, or the right of suffrage, unless such rights are expressly restored by means of pardon.
Looks BACKWARD and abolishes and puts into oblivion the offense itself; it so overlooks and
obliterates the offense with which he is charged that the person released by amnesty stands
before the law precisely as though he had committed no offense.
Does not alter the fact that the accused is a recidivist as it produces only the extinction of the
personal effects of the penalty
Makes an ex-convict no longer a recidivist, because it obliterates the last vestige of the crime
Does not extinguish the civil liability of the offender
Does not extinguish the civil liability of the offender
Being a PRIVATE ACT by the President, it must be pleaded and proved by the person
pardoned
Being a Proclamation of the Chief Executive with the concurrence of Congress; it is a PUBLIC
ACT of which the courts should take judicial notice
CRIMINAL LAW BOOK ONE
ARTICLE 90 PRESCRIPTION OF CRIMES
Prescription of the crime It is the forfeiture or loss of the right of the State to prosecute the
offender after the lapse of a certain time.
Based on the penalty prescribed by the RPC. In computing the period of prescription, the first is
to be excluded and the last day included.
Prescriptive periods of crimes: 1. Crimes punishable by
a. Death, reclusión perpetua or reclusión temporal –
20 years b. Afflictive penalties – 15 years c. Correctional penalties – 10 years except those
punishable by arresto mayor which shall prescribe in 5 years. 2. Crime of libel – 1 year 3.
Offenses of oral defamation and slander by deed – 6
months a. Simple slander – 2 months b. Grave slander – 6 months 4. Light offenses – 2 months
5. Crimes punishable by fines
a. If fine is afflictive – 15 years b. If it is correctional – 10 years c. If it is light – 2 months
The subsidiary penalty for nonpayment of the fine should not be considered in determining the
period of such crimes.
When fine is an alternative penalty higher than the other penalty which is by imprisonment,
prescription of the crime is based on the fine.
Illegal recruitment – prescription is determined from the time the accused is certified as an
illegal recruiter.
Rule where last day of prescriptive period falls on a Sunday or legal holiday The
information can no longer be filed on the next day as the crime has already prescribed.
Period will not be prolonged because doubt should be resolved in favor of the accused.
When the penalty is a compound one: The highest penalty is the basis of the application of
the rules contained herein.
SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS Is there a conflict between the
provisions of the Revised Penal Code on prescription of crimes and Section 8, Rule 117 of
Rules of Court (time-bar)? NO, it is but a limitation of the right of the State to revive a criminal
case against the accused after the Information had been filed but subsequently provisionally
dismissed with the express consent of the accused. If a criminal case is dismissed on motion of
the accused because the trial is not concluded within the period therefor, the prescriptive
periods under the Revised Penal Code are not thereby diminished. But whether or not the
prosecution of the accused is barred by the statute of limitations or by the lapse of the time-line
under the new rule, the effect is basically the same.
Violations penalized by special laws Such offenses are, unless otherwise provided in their
respective special penal laws, prescribe in accordance with the following rules: 1. After 1 year
for offenses punished only by a fine or by imprisonment for not more than one month, or both; 2.
After 4 years for those punished by imprisonment for
more than one month, but less than two years; 3. After 8 years for those punished by
imprisonment for
two years or more, but less than six years; and 4. After 12 years for any other offense punished
by imprisonment for six years or more, except the crime of treason, which shall prescribe after
twenty years. 5. Violations penalized by municipal ordinances shall
prescribe after 2 months (Act 3326)
When prescription of violations penalized by special laws and ordinances begins to run It
begins from the day of the commission of the violation, and if the same be not known at the
time, from the discovery thereof and the institution of judicial proceedings for its investigation
and punishment (Sec. 2, Act No. 3326).
When prescription interrupted It shall be interrupted when proceedings are instituted against
the guilty party, and shall begin to run again if the proceedings are dismissed for reasons not
constituting jeopardy (Sec. 2, Act No. 3326).
Note: In Romualdez v. Marcelo et al. (GR No. 165510-33, July 28, 2006) the Court ruled that
the running of the prescription of an offense punished by a special law is NOT tolled by the
absence of the offender from Philippine soil.
75
CRIMINAL BOOK ONE LAW ARTICLE 91 COMPUTATION OF PRESCRIPTION OF
OFFENSES
Outline: 1. Period of prescription commences to run from the day on which the crime is
discovered by the offended party, the authorities, or their agents. The period of prescription of
crime commences to run from the commission of the offense or its discovery, if the commission
of the same was unknown (People v. Tamayo, 40 O.G. 2313). 2. It is interrupted by the filing of
the complaint or information corresponding to the offense committed with the prosecutor except
in cases falling under the Rules on Summary Procedure (must be filed with the court) and when
filed with the Punong Barangay (interruption should not exceed 60 days). 3. It shall commence
to run again when such proceedings terminate without the accused being convicted or
acquitted, or unjustifiably stopped for any reason not imputable to the accused. The termination
contemplated here refers to a termination that is final as to amount to a jeopardy that would bar
a subsequent prosecution. 4. The term of prescription shall not run when the offender
is absent from the Philippine Archipelago.
The prescriptive period of continuing crime, cannot begin to run because there could be no
termination of continuity and the crime does not end.
The filing of the complaint with the municipal trial court, although only for preliminary
investigation, interrupted and suspended the period of prescription in as much as the jurisdiction
of a court in a criminal case is determined by the allegation in the complaint or information, not
by the result of proof.
Accused cannot be convicted of lesser offense included within the offense charged, if the latter
has already prescribed. (Francisco vs. Court of Appeals, 122 SCRA 545, 1983)
Situations which do NOT follow Art. 91: 1. Continuing crimes; 2. In crimes against false
testimony
a. If the testimony is against the defendant – from the
date final judgment was rendered; b. If the testimony is in favor of the defendant – from the
date when testimony was given 3. Election offenses – (1) if discovery of offense is incidental to
judicial proceedings, prescription begins when such proceeding terminates; otherwise, (2) from
the date of commission of offense.
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4. Bigamy – although marriage is registered, prescriptive
period commences from date of discovery.
Effect of filing an amended complaint or information upon period of prescription If the
amendment charges a different crime, the date of the amended complaint or information should
be considered. If it is merely a correction of a defect, the date of the original complaint or
information should be considered.
ARTICLE 92 PRESCRIPTION OF PENALTIES
Prescription of the penalty It is the loss or forfeiture of the right of the government to execute
the final sentence, after the lapse of a certain time.
Prescription of penalties is based on the penalty imposed.
Prescriptive periods of penalties: 1. Death and reclusion perpetua – 20 years 2. Other
afflictive penalties – 15 years 3. Correctional penalties – 10 years except for the penalty
of arresto mayor which prescribes in 5 years. 4. Light penalties – 1 year
The penalties must be imposed by final sentence. Hence, if the convict appealed and thereafter
fled to the mountains, the penalty imposed upon him would never prescribe, because pending
the appeal, the sentence is not final.
If the accused was never arrested to serve his sentence, the prescriptive period cannot
commence to run.
Prescription of the Crime
Prescription of the Penalty
The forfeiture or loss of the right of the State to prosecute
The forfeiture or loss of the right of the government to execute the final sentence
It is the penalty prescribed by law that should be considered.
It is the penalty imposed that should be considered.
ARTICLE 93 COMPUTATION OF THE PRESCRIPTION OF PENALTIES
Outline: 1. Period of prescription commences to run from the date when the culprit evaded the
service of his sentence.
76
CRIMINAL LAW BOOK ONE
2. It is interrupted if the convict:
a. Gives himself up; b. Be captured; c. Goes to a foreign country with which we have no
extradition treaty; or d. Commits another crime before the expiration of the
period of prescription.
The period of prescription of penalty shall commence to run again when the convict escapes
again, after having been captured and returned to prison. Elements: 1. That the penalty is
imposed by final judgment; 2. That the convict evaded the service of his sentence by
escaping during the term of his sentence; 3. The convict who escaped from prison has not given
himself up, or been captured, or gone to a foreign country with which we have no extradition
treaty, or committed another crime; 4. If our Government has extradition treaty with the country
to which the offender escaped, but the crime committed is not included in the treaty, it is
believed that it would interrupt the running of the prescriptive period. 5. That the penalty has
prescribed, because of the lapse of time from the date of the evasion of service of the sentence
by the convict. 6. Acceptance of conditional pardon interrupts the
prescriptive period.
Should the evasion of service of sentence, being in itself a crime, interrupt the running of
the prescriptive period of penalties? NO. The evasion of the service of the sentence, which is
a requisite in the prescription of penalties, must necessarily take place BEFORE the running of
the period of prescription; hence, cannot interrupt it.
Period of prescription that ran during the evasion is not forfeited If the culprit is captured
and evades again the service of his sentence, the period of prescription that has run in his favor
should be taken into account.
CHAPTER TWO: PARTIAL EXTINCTION OF CRIMINAL LIABILITY (ARTS. 94-99)
ARTICLE 94 PARTIAL EXTINCTION OF CRIMINAL LIABILITY
Criminal liability is partially extinguished: 1. By conditional pardon; 2. By commutation of
sentence;
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The commutation of the original sentence for another of a different length and nature shall have
the legal effect of substituting the latter in place of the former. 3. For good conduct allowances
which the culprit may
earn while he is serving his sentence; 4. By parole
a. Parole – is the suspension of the sentence of a convict, after serving the minimum term of the
indeterminate penalty, without being granted a pardon, prescribing the terms upon which the
sentence shall be suspended b. If the convict fails to observe the condition of the parole, the
board of pardons and parole is authorized to: i. Direct his arrest and return to custody and
thereafter; ii. To carry out his sentence without deduction of the time that has elapsed between
the date of the parole and the subsequent arrest. 5. By probation.
Conditional Pardon Parole May be given at any time after final judgment; is granted by the
Chief Executive under the provisions of the Administrative Code
May be given after the prisoner has served the minimum penalty; is granted by the Board of
Pardons and Parole under the provision of the Indeterminate Sentence Law For violation of the
conditional pardon, the convict may be ordered re-arrested or re-incarcerated by the Chief
Executive, or may be prosecuted under Art. 159 of the Code
For violation of the terms of the parole, the convict cannot be prosecuted. Under Art. 159 of the
RPC, he can be re-arrested and re-incarcerated to serve the unserved portion of his original
penalty.
Obligation incurred by a person granted conditional pardon He must comply strictly with
the conditions imposed in the pardon.
Failure to comply with the condition shall result in the revocation of the pardon. Under Section
64(i), R.A.C, the Chief Executive may order his arrest and reincarceration.
He becomes liable under Art. 159 (This is the judicial remedy).
77
CRIMINAL BOOK ONE LAW Allowance for good conduct is NOT given to prisoners
released under conditional pardon.
Allowance for Good Conduct 1. During the first 2 years of imprisonment, he shall be allowed a
deduction of 5 days for each month of good behavior. 2. During the 3rd to 5th years of
imprisonment, he shall be allowed a deduction of 8 days for each month of good behavior. 3.
During the following years until the 10th year of imprisonment, he shall be allowed a deduction of
10 days for each month of good behavior. 4. During the 11th and successive years of
imprisonment, he shall be allowed a deduction of 15 days for each month of good behavior.
Special time allowance for loyalty It is the deduction of 1/5 of the period of the sentence of a
prisoner who, having evaded the service of his sentence during calamity or catastrophe
mentioned in Art. 158, gives himself up to the authorities within 48 hours following the
proclamation by the President announcing the passing away of the calamity or catastrophe.
The authority to grant time allowance is exclusively vested in the Director of Prison. Such
allowance once granted shall not be revoked.
In order to be entitled to the special allowance for loyalty, the convict must have actually
escaped.
TITLE FIVE: CIVIL LIABILITY
CHAPTER ONE: PERSONS CIVILLY LIABLE FOR FELONIES (ARTS. 100-103)
ARTICLE 100 CIVIL LIABILITY OF A PERSON GUILTY OF FELONY
Every person criminally liable for a felony is also civilly liable (Art. 100).
Exceptions: 1. Victimless crimes; 2. Flight to enemy country.
A crime has a dual character: 1. As an offense against the State, because of the
disturbance of the social order; and
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2. As an offense against the private person injured by the crime, UNLESS it involves the crime
of treason, rebellion, espionage, contempt, and others wherein no civil liability arises on the part
 of the offender, either because there are no damages to be compensated or there is no private
person injured by the crime.
Effect of acquittal Extinction of the penal action does NOT carry with it extinction of the civil;
UNLESS the extinction proceeds from a declaration in a final judgment that the fact from which
the civil liability might arise did not exist. (See Section 1, Rule 111 of the 2000 Rules on
Criminal Procedure. Civil liability arising from other sources of obligations is not impliedly
instituted with the criminal action).
Effect of dismissal of case The dismissal of the information or the criminal action does NOT
affect the right of the offended party to institute or continue the civil action already instituted
arising from the offense, because such dismissal or extinction of the penal action does not carry
with it the extinction of the civil action.
Effect of death of the offender If the offender dies prior to the institution of the action or prior
to the finality of judgment, civil liability ex-delicto is extinguished (De Guzman vs. People, G.R.
No. 154579, October 8, 2003).
In all these cases, civil liability from sources other than delict are not extinguished.
Rule if the offender is acquitted, insofar as the civil liability is concerned As a rule, if the
offender is acquitted, the civil liability is extinguished, EXCEPT: 1. If the acquittal is on the
ground that the guilt has not
been proven beyond reasonable doubt; 2. The acquittal was due to an exempting circumstance
in favor of an imbecile or an insane person, and a person under 15 years of age, or those over
15 but under 18, who has acted without discernment, or those acting under the compulsion of
an irresistible force or under the impulse of an uncontrollable fear of equal or greater injury; 3.
When the court finds and states in its judgment that
there is only civil responsibility; and 4. When civil liability arises from other sources of
obligations
CRIMINAL LAW BOOK ONE

ARTICLE 101 RULES liability for acts committed by an imbecile or insane

REGARDING CIVIL LIABILITY IN or minor exempt from criminal liability shall devolve
CERTAIN CASES upon the person having legal capacity or control
over them, if the latter are at fault or negligent.
Civil liability is still imposed in cases falling under They are primarily liable.
exempting circumstances, EXCEPT: 1. No civil
liability in paragraph 4 of Art. 12 which provides If there is no fault or negligence on their part, or
for injury caused by mere accident. 2. No even if at fault or negligent but insolvent, or should
civil liability in paragraph 7 of Art. 12 which there be no person having such authority or
provides for failure to perform an act required by control, the insane, imbecile, or such minor shall
law when prevented by some lawful or insuperable respond with their own property not exempt from
cause. execution.

Persons civilly liable for acts of insane or Persons civilly liable for acts of minors over 15
minor exempt from criminal liability years of age who act with discernment Article
(Paragraphs 1, 2 and 3 of Article 12) The civil 201 of the Youth Welfare Code provides that the
civil liability for acts committed by a youth offender Elements under paragraph 2: 1. That the guests
shall devolve upon the following persons: 1. notified in advance the innkeeper or the person
Offender’s father; 2. Mother, in case of the father’s representing of the deposit of their goods within the
death or incapacity; 3. Guardian, in case of inn or house. 2. The guests followed the directions
mother’s death or incapacity of the innkeeper or his representative with respect
to the care of and vigilance over such goods. 3.
Persons civilly liable for acts committed by Such goods of the guests lodging therein were
persons acting under irresistible force or taken by robbery with force upon things or theft
uncontrollable fear 1. The persons using violence committed within the inn or house.
or causing the fear are
primarily liable. 2. If there be no such No liability shall attach in case of robbery with
persons, those doing the act shall violence against or intimidation of persons, unless
be liable committed by the innkeeper’s employees.
secondarily.
It is not necessary that the effects of the guest be
No civil liability is imposed in cases falling under actually delivered to innkeeper ARTICLE 103
justifying circumstances, EXCEPT under
SUBSIDIARY CIVIL
paragraph 4 of Article 11, where a person does an
LIABILITY OF OTHER
act, causing damage to another, in order to avoid
PERSONS
evil or injury, the person benefited by the
prevention of the evil or injury shall be civilly liable
Elements: 1. The employer, teacher, person, or
in proportion to the benefit he received.
corporation is
ARTICLE 102 SUBSIDIARY LIABILITY
OF INNKEEPERS, engaged in any kind of industry. 2. Any of
TAVERNKEEPERS, AND their servants, pupils, workmen, apprentices, or
PROPRIETORS OF employees commits a felony while in the discharge
ESTABLISHMENTS of his duties. 3. The said employee is insolvent and
has not satisfied his
Elements under paragraph 1: 1. That the civil liability.
innkeeper, tavernkeeper or proprietor of
establishment or his employee committed a
violation of municipal ordinance or some general or
special police regulation. 2. That the crime is
committed in such inn, tavern or
establishment. 3. That the person
criminally liable is insolvent.

Concurrence of all elements makes the innkeeper, SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERA
tavernkeeper, or proprietor civilly liable for the 79
crime committed in his establishment.
Industry It refers to a form of productive work,
especially of manufacture, or a particular class of
productive work itself, a trade or manufacture.
CRIMINAL BOOK ONE LAW Notes: A hospital doing charitable service is not engaged
in industry; hence, not subsidiarily liable for acts of nurses.
The employment of the diligence to be expected of a good father of a family in the selection and
supervision of his employees will not exempt the parties subsidiarily liable for damages.
Subsidiary liability of employer arises only after the conviction of the employee in the criminal
action.
The subsidiary liability may be enforced only upon a motion for subsidiary writ of execution
against the employer and upon proof that the employee is insolvent (Basilio v. Court of Appeals,
385 Phil. 21 [2000]).
If committed by a family driver, employer may be held liable on a quasi-delict. CHAPTER TWO:
WHAT CIVIL LIABILITY
INCLUDES (ARTS. 104-111)

ARTICLE 104 WHAT IS INCLUDED IN CIVIL LIABILITY

Restitution Restitution of the thing itself must be made whenever possible even when found in
the possession of a third person except when acquired by such person in any manner and
under the requirements which, by law, bar an action for its recovery.
Restitution cannot be ordered before final judgment.
The liability to return a thing must arise from a criminal act, not from a contract.
Restitution can be ordered even if accused was acquitted but the thing was proved to belong to
a third person.
In addition to the return of the property, the culprit will be ordered to pay such amount
representing the deterioration or diminution of value, if any.
Limited only to crimes against property BUT: 1. In a treason case, the defendant was ordered to
return the money he took from another person when he committed the treasonous act (People
vs. Logo, 80 Phil 377, 379). 2. In an abduction case, the defendant was ordered to return the
money taken from the offended girl (U.S. vs. Banila, 19 Phil. 130, 134).
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Reparation of damages Reparation will be ordered by the court if restitution is not possible.
The court shall determine the amount of damage, taking into consideration the price of the thing,
whenever possible, and its special sentimental value to the injured party. It refers generally to
crimes against property.
If there is no evidence as to the value of the thing unrecovered, reparation cannot be made
(People v. Dalena, C.A., G.R. Nos. 11387-R and 11388-R, October 25, 1954).
Indemnification for damages Includes not only those caused the injured party, but also, those
suffered by his family or by a third person by reason of the crime. It is ordinarily the remedy
granted to the victims of crimes against persons. Reparation of and indemnification for damages
may be obtained only from the accused and his heirs.
Contributory negligence on the part of the offended party reduces the civil liability of the
offender.
The obligation to make restoration or reparation for damages and indemnification for
consequential damages devolves upon the heirs of the person liable. The action to demand
restoration, reparation and indemnification likewise descends to the heirs of the person injured.
Payment of civil liability:
1. Only principals - Pro rata
- Solidary obligation
2. Principal, accomplice, and accessory:
Principals - Pro rata, 50 % of the civil liability Accomplices - 2/3 of 50% Accessories - 1/3 of 50%
The principals, accomplices and accessories shall be liable severally among themselves and
subsidiarily for those of the other persons liable.
Any person who has participated gratuitously in the proceeds of a felony shall be bound to make
restitution in an amount equivalent to the extent of such participation.
In computing the loss of the victim’s earning capacity, as an item of civil liability exdelicto, the
Supreme Court has constantly adopted the American Expectancy Table of Mortality in the
Computation thereof, using the following formulae: