International School of Asia and the Pacific 1

Subject: Criminal Law (Book 1)

REVIEW NOTES IN

CRIMINAL LAW (BOOK 1)

retribution. The RPC is generally governed by this

theory.
Positivist Theory basis is the sum of social and
economic phenomena which conditions man to do
wrong in spite of or contrary to his volition. This is
exemplified in the provisions on impossible crimes
and habitual delinquency.
Mixed Theory combination of the classical and
positivist theories wherein crimes that are economic
and social in nature should be dealt in a positive
manner. The law is thus more compassionate.

2.

CRIMINAL LAW A branch of municipal law which

defines crimes, treats of their nature and provides for their
punishment.
Act # 3815 Created the Penal Code of the Philippines
(now the RPC). It was approved on December 8, 1930
and took effect on January 1, 1932.
Characteristics of Criminal Law:
1. General binding on all persons who reside or sojourn in
the Philippines.
Exceptions:
a. Treaty Stipulation
b. Laws of Preferential Application
c. Principles of Public International Law
Ex:
sovereigns and other chiefs of
state
Ambassadors, ministers
plenipotentiary, minister resident
and charges daffaires
(BUT consuls, vice-consuls and other
foreign commercial representatives
CANNOT claim the privileges and
immunities accorded to ambassadors and
ministers.)
2. Territorial penal laws of the Philippines are enforceable
only within its territory
Exceptions: (Art. 2 of RPC binding even on crimes
committed outside the Philippines)
offense committed while on a Philippine ship or
airship
forging or counterfeiting any coin or currency
note of the Philippines or obligations and the
securities issued by the Government
introduction into the country of the abovementioned obligations and securities while being
public officers and employees, an offense
committed in the exercise of their functions
crimes against national security and the law of
the nations defined in Title One of Book Two
3. Prospective the law does not have any retroactive
effect.
Exception: when the law is favorable to the accused
Exceptions to the Exception:
a. The new law is expressly made
b. inapplicable to pending actions
c. or existing causes of action
d. Offender is a habitual criminal

3.

PROVISIONS
BOOK 1
GENERAL PROVISIONS
ART. 2: APPLICATION OF ITS PROVISIONS
RULES:
1. Philippine vessel or airship Philippine law shall
apply to offenses committed in vessels registered with
the Philippine Bureau of Customs. It is the
registration, not the citizenship of the owner which
matters.
2. Foreign vessel
French Rule
General Rule: Crimes committed aboard a foreign
vessel within the territorial waters of a country are
NOT triable in the courts of such country.
Exception: commission affects the peace and
security of the territory, or the safety of the state is
endangered.

English Rule:
General Rule: Crimes committed aboard a foreign
vessel within the territorial waters of a country are
triable in the courts of such country.
Exception: When the crime merely affects things
within the vessel or it refers to the internal
management thereof.
Title One:
FELONIES AND CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY

Chapter One: FELONIES

Felonies acts and omissions punishable by the Revised
Penal Code.
Offense acts and omissions punishable by special laws.
Crime acts and omissions punishable by any law.
Act an overt or external act
Omission failure to perform a duty required by law

Theories of Criminal Law:

ELEMENTS (Felony):
1. there must be an act or omission
2. this must be punishable by the RPC
3. act or omission was done by means of dolo or
culpa

1.

BASIC MAXIMS IN CRIMINAL LAW:

Classical Theory basis is mans free will to choose

between good and evil, that is why more stress is
placed upon the result of the felonious act than upon
the criminal himself. The purpose of penalty is

aries gallandez_12

Nullum Crimen, Nulla Poena Sine Lege There is no

crime when there is no law punishing it.

#GOBACK2BASIC

International School of Asia and the Pacific 2

Subject: Criminal Law (Book 1)

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.
Actus Non Facit Reum, Nisi Mens Sit Rea The act
cannot be criminal where the mind is not criminal. This is
true to a felony characterized
by dolo, but not a felony resulting from culpa. This maxim
is not an absolute one because it is not applied to culpable
felonies, or those that result from negligence.
Dura Lex Sed Lex The law may be harsh but it is the
law.
Classification Of Felonies According To The Means By
Which They Are Committed:
1. Intentional Felonies- by means of deceit (dolo)
Requisites:
a. freedom
b. intelligence
c. intent.

Hence, since he is still motivated by criminal intent, the

offender is criminally liable in:

Error in personae mistake in identity

Abberatio ictus mistake in blow

Praeter intentionem lack of intent to commit so

grave a wrong
PROXIMATE CAUSE the cause, which in the natural
and continuous sequence unbroken by any efficient
intervening cause, produces the injury, without which the
result would not have occurred.
IMPOSSIBLE CRIME
Requisites:
1. Act would have been an offense against persons
or property;
2. There was criminal intent;
3. Accomplishment is inherently impossible; or
inadequate or ineffectual means are employed;
4. Act is not an actual violation of another provision
of the Code or of special law.

MISTAKE OF FACT misapprehension of fact on the

part of the person who caused injury to another. He is
not criminally liable.

2. Culpable Felonies- by means of fault (culpa)

Requisites:
a. freedom
b. intelligence
c. negligence (lack of foresight) and
d. imprudence (lack of skill)

Impossible crime occurs when there is:

1. inherent impossibility to commit the crime
2. inadequate means to consummate the crime
3. ineffectual means to consummate the crime
ART. 6: CONSUMMATED, FRUSTRATED,
AND ATTEMPTED FELONIES
STAGES OF EXECUTION:
1. CONSUMMATED when all the elements necessary
for its execution and accomplishment are present.
2.

FRUSTRATED
Elements:
a. offender performs all acts of execution
b. all these acts would produce the felony as a
consequence
c. BUT the felony is NOT produced
d. by reason of causes independent of the will of the
perpetrator

3.

ATTEMPTED
Elements:
a. offender commences the felony directly by overt
acts
b. does not perform all acts which would produce
the felony
c. his acts are not stopped by his own spontaneous
desistance

MALA IN SE AND MALA PROHIBITA Violations of

the Revised Penal Code are referred to as malum in
se, which literally means, that the act is inherently evil or
bad or per se wrongful. On the other hand, violations of
special laws are generally referred to as malum
prohibitum.
INTENT is the purpose to use a particular means to
effect
a result. An element of crime except in crimes
committed with culpa. It is essential in intentional
felonies.
MOTIVE the moving power which impels one to act. It
is NOT an element of crime. It is essential only when the
identity of the felon is in doubt.
ART. 4: CRIMINAL LIABILITY
Requisites:
1. Felony has been committed intentionally
2. Injury or damage done to the other party is the direct,
natural and logical consequence of the felony.

aries gallandez_12

Crimes, which do not admit of Frustrated and

Attempted Stages:
1. Offenses punishable by Special Penal Laws,
unless the law provides otherwise
2. Formal crimes consummated in one instance
(Ex: slander, adultery, etc.)
3. Impossible Crimes

#GOBACK2BASIC

International School of Asia and the Pacific 3

Subject: Criminal Law (Book 1)

4.
5.
6.

Crimes consummated by mere attempt (Ex:

attempt to flee to an enemy country, treason,
corruption of minors)
Felonies by omission
Crimes committed by mere agreement (Ex:
betting in sports: ending, corruption of public
officers)

Crimes which do not admit of Frustrated Stage:

1. Rape
2. Bribery
3. Corruption of Public Officers
4. Adultery
5. Physical Injury

ART. 7: WHEN LIGHT FELONIES ARE PUNISHABLE

GENERAL RULE: Punishable only when they have been
consummated
Exception: Even if not consummated, if committed
against persons or property.
Ex: slight physical injuries, theft, alteration of
boundary marks, malicious mischief, and intriguing
against honor.
(Note: Only principals and accomplices are liable;
accessories are NOT liable even if committed against
persons or property.

JUSTIFYING IRCUMSTANCES where the act of a

person is in accordance with law such that said person is
deemed not to have violated the law.
General Rule: No criminal and civil liability incurred.
Exception: There is civil liability with respect to par. 4
where the liability is borne by persons benefited by the
act.

Parag. 1: SELF-DEFENSE
Elements:
1. Unlawful Aggression
2. Reasonable necessity of the means employed
to prevent or repel it
3. Lack of sufficient provocation on the part of the
person defending himself
Kinds of Self-Defense:
1. self-defense of chastity there must be an
attempt to rape the victim
2. defense of property must be coupled with an
attack on the person of the owner, or on one
entrusted with the care of such property.
3. self-defense in libel justified when the libel is
aimed at a persons good name.
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.
Par. 2 Defense of Relative

ART. 8: CONSPIRACY AND PROPOSAL TO

COMMIT FELONY
CONSPIRACY
Requisites:
1. Two or more persons come to an agreement
2. For the commission of a felony
3. And they decide to commit it
PROPOSAL TO COMMIT A FELONY
Requisites:
1. A person has decided to commit a felony
2. And proposes its execution to some other person or
persons
ART. 9: GRAVE FELONIES, LESS GRAVE
FELONIES AND LIGHT FELONIES
Penalties (imprisonment):
1. Grave felonies afflictive penalties: 6 yrs. and 1 day
to reclusion perpetua (life)
2. Less grave felonies correctional penalties: 1
month and 1 day to 6 years
3. Light felonies - arresto menor (1 day to 30 days)
Chapter Two
JUSTIFYING CIRCUMSTANCES
AND CIRCUMSTANCES, WHICH EXEMPT
FROM CRIMINAL LIABILITY
ART.11.JUSTIFYING CIRCUMSTANCES

aries gallandez_12

Elements:
1. unlawful aggression (indispensable requirement)
2. reasonable necessity of the means employed to
prevent or repel it
3. In case the provocation was given by the person
attacked, the one making the defense had no part
in such provocation.
Par. 3 Defense of Stranger
Elements:
1. unlawful aggression (indispensable requirement)
2. reasonable necessity of the means employed to
prevent or repel it
3. person defending be not induced by revenge,
resentment or other evil motive
Par. 4 State of Necessity (Avoidance of Greater Evil or
Injury)
Elements:
1. evil sought to be avoided actually exists
2. injury feared be greater than that done to avoid it
1. no other practical and less harmful means of
preventing it
Par. 5 Fulfillment of Duty or Lawful Exercise of
a Right or Office
Elements:
1. accused acted in the performance of duty or in the
lawful exercise of a right or office

#GOBACK2BASIC

International School of Asia and the Pacific 4

Subject: Criminal Law (Book 1)

2.

the injury caused or offense committed be the

necessary consequence of the due performance of
the duty, or the lawful exercise of such right or
office.

NOTE: Under R.A. 9344 a minor over 15 but below 18

who acted without discernment is exempt from criminal
liability
Par. 4 Accident without fault or intention of causing it

Par. 6 Obedience to a Superior Order

Elements:
1. an order has been issued
2. order has a lawful purpose (not patently illegal)
3. means used by subordinate to carry out said order
is lawful
ART. 12: CIRCUMSTANCES, WHICH EXEMPT
FROM CRIMINAL LIABILITY
EXEMPTING CIRCUMSTANCES grounds for exemption
from punishment because there is wanting in the agent of
the crime any of the conditions which make the act
voluntary or negligent.
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.

Elements:
1. A person is performing a lawful act
2. with due care
3. He causes injury to another by mere accident
4. Without fault or intention of causing it.
Par. 5 Irresistible Force
IRRESISTIBLE FORCE offender uses violence or
physical force to compel another person to commit a
crime.
Elements:
1. The compulsion is by means of physical force.
2. The physical force must be irresistible.
3. The physical force must come from a third person.
Par. 6 Uncontrollable Fear

Burden of proof: Any of the circumstances is a matter of

defense and must be proved by the defendant to the
satisfaction of the court.

UNCONTROLLABLE FEAR offender employs

intimidation or threat in compelling another to commit a
crime.

Par. 1 Imbecility or Insanity

DURESS use of violence or physical force

IMBECILE one while advanced in age has a mental

development comparable to that of children between 2
and 7 years old. He is exempt in all cases from criminal
liability.

Elements:
1. The threat which causes the fear is of an evil
greater than, or at least equal to, that which he is
required to commit.
2. It promises an evil of such gravity and imminence
that an ordinary man would have succumbed to it.

INSANE one who acts with complete deprivation of

intelligence/reason or without the least discernment or with
total deprivation of freedom of will. Mere abnormality of the
mental faculties will not exclude imputability.
General Rule: Exempt from criminal liability
Exception: The act was done during a lucid interval.
Par. 2 Under Nine Years of Age
Requisite: Offender is under 9 years of age at the time of
the commission of the crime. There is absolute criminal
irresponsibility in the case of a minor under 9 years of age.
NOTE: Under R.A. 9344 or the Juvenile Justice And
Welfare Act a minor 15 years and below is exempt from
criminal liability.

Par. 3 Person Over 9 and Under 15 Acting Without

Discernment
DISCERNMENT mental capacity to fully appreciate the
consequences of the unlawful act, which is shown by the:

manner the crime was committed

conduct of the offender after its commission

aries gallandez_12

PAR 7. Insuperable Cause

INSUPERABLE CAUSE some motive, which has
lawfully, morally or physically prevented a person to do
what the law commands.
Elements:
1. An act is required by law to be done.
2. A person fails to perform such act.
3. His failure to perform such act was due to some
lawful or insuperable cause.
ABSOLUTORY CAUSES where the act committed is a
crime but for some reason of public policy and sentiment,
there is no penalty imposed. Exempting and justifying
circumstances are absolutory causes.
Examples of such other circumstances are:
1. spontaneous desistance (Art. 6)
2. accessories exempt from criminal liability (Art.
20)
1. Death or physical injuries inflicted under
exceptional circumstances (Art. 247)
2. persons exempt from criminal liability from theft,
swindling, malicious mischief (Art 332)
3. Entrapment

#GOBACK2BASIC

International School of Asia and the Pacific 5

Subject: Criminal Law (Book 1)

NOTE: Instigation is NOT an absolutory cause. A buybust operation conducted in connection with illegal drugrelated offenses is a form of entrapment.
Chapter Three
CIRCUMSTANCES WHICH MITIGATE CRIMINAL
LIABILITY
ART. 13: MITIGATING CIRCUMSTANCES
MITIGATING CIRCUMSTANCES those which if present
in the commission of the crime reduces the penalty of the
crime but does not erase criminal liability nor change the
nature of the crime
Kinds:
1. Privilege It cannot be offset by any aggravating
circumstance. It has the effect of reducing the penalty
to 1 or 2 degrees lower.
2. Ordinary It can be offset by ordinary aggravating
circumstance. If not offset, it reduces the penalty in its
minimum period.
Par. 1 Incomplete Justifying or Exempting
Circumstances

2.

legitimate, natural or adopted brothers or sisters or

relatives by affinity within the same degrees
the felony is committed in immediate vindication of
such grave offense

Par. 6 Passion or Obfuscation

Requisites:
1. offender acted upon an impulse
2. the impulse must be so powerful that it naturally
produced passion or obfuscation in him
Par. 7 Surrender and Confession of Guilt
WHEN SURRENDER VOLUNTARY must be
spontaneous, showing the intent of the accused to submit
him unconditionally to the authorities, either because:
1. he acknowledges his guilt; or
2. he wishes to save them the trouble and expense
necessarily incurred in his search and capture.
Par. 8 Physical Defect of Offender The offender is
deaf and dumb, blind or otherwise suffering from some
physical defect, restricting his means of action, defense or
communication with others.

Par. 2 Under 18 or Over 70 Years Old

Par. 9 Illness of the Offender

Par. 3 No Intention to Commit so Grave a Wrong

Requisites:
1. The illness of the offender must diminish the
exercise of his will-power.
2. Such illness should not deprive the offender of
consciousness of his acts.

Factors that can be considered are:

1. weapon used
2. injury inflicted
3. part of the body injured
4. mindset of offender at the time of commission
of crime

Par. 10 Similar and Analogous Circumstances

CHAPTER FOUR
CIRCUMSTANCES WHICH AGGRAVATE
CRIMINAL LIABILITY

Par. 4 Provocation or Threat

Provocation any unjust or improper conduct or act
of the offended party, capable of exciting, inciting or
irritating anyone.
Requisites:
1. provocation must be sufficient
2. it must originate from the offended party
3. must be immediate to the commission of the crime
by the person who is provoked
NOTE: Threat should not be offensive and positively
strong. Otherwise, it would be an unlawful aggression,
which may give rise to self-defense and thus no longer a
mitigating circumstance.
Par. 5 Vindication of Grave Offense
Requisites:
1. a grave offense done to the one committing the
felony, his spouse, ascendants, descendants,

aries gallandez_12

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 those that change the nature of the
crime.
BASIS: The greater perversity of the offender manifested
in the commission of the felony.
KINDS OF AGGRAVATING CIRCUMSTANCES:
1. Generic - those which apply to all crimes
2. Specific - those which apply only to specific
crimes,
3. Qualifying - those that change the nature of the
crime
4. Inherent - which of necessity accompany the
commission of the crime, therefore not considered
in increasing the penalty to be imposed
5. Special - those which arise under special
conditions to increase the penalty of the offense
and cannot be offset by mitigating circumstances.

#GOBACK2BASIC

International School of Asia and the Pacific 6

Subject: Criminal Law (Book 1)

ART. 14: AGGRAVATING CIRCUMSTANCES

Par. 1. That advantage be taken by the offender of his
public position
Requisites:
1. Offender is public officer
2. Public officer must use the influence, prestige, or
ascendancy which his office gives him as means to
realize criminal purpose.
Par. 2. That the crime be committed in contempt of or
with insult to public authorities
Requisites:
1. That the public authority is engaged in the exercise
of his functions.
2. That he who is thus engaged in the exercise of said
functions is not the person against whom the crime
is committed.
3. The offender knows him to be a public authority.
4. His presence has not prevented the offender from
committing the criminal act.
PERSON IN AUTHORITY public authority or person
who is directly vested with jurisdiction and has the power
to govern and execute the laws
Ex:
1. Governor
2. Mayor
3. Barangay captain/ chairman
4. Councilors
5. Government agents
6. Chief of Police
NOTE: A teacher or professor of a public or recognized
private school is not a public authority within the
contemplation of this paragraph. While he is a person in
authority under Art. 152, that status is only for purposes of
Art. 148 (direct assault) and Art.
152 (resistance and disobedience).
AGENT subordinate public officer charged w/ the
maintenance of public order and protection and security of
life and property
Ex: barrio vice lieutenant, barrio councilman
Par. 3. That the act be committed:
1. with insult or in disregard of the respect
2. due the offended party on account of his (a)rank,
(b) age, or (c) sex or
3. that it be committed in the dwelling of the
offended party, if the latter has not given
provocation
RANK The designation or title of distinction used to fix
the relative position of the offended party in reference to
others (There must be a difference in the social condition
of the offender and the offended party).
AGE may refer to old age or the tender age of the victim.
SEX refers to the female sex, not to the male sex.
DWELLING must be a building or structure exclusively
used for rest and comforts (combination of house and
store not included), may be temporary as in the case of

aries gallandez_12

guests in a house or bedspacers.

dependencies, the foot of the staircase and
the enclosure under the house

It

includes

Par. 4. That the act be committed with:

(1) abuse of confidence or
(2) obvious ungratefulness
Requisites Of Abuse Of Confidence:
1. That the offended party had trusted the offender.
2. That the offender abused such trust by committing
a crime against the offended party.
3. That the abuse of confidence facilitated the
commission of the crime.
Par. 5. That the crime be committed in the palace of
the Chief Executive, or in his presence, or where
public authorities are engaged in the discharge of
their duties, or in a place dedicated to religious
worship.
Actual performance of duties is not necessary
when crime is committed in the palace or in the presence
of the Chief Executive
Par. 6. That the crime be committed
(1) in the nighttime, or
(2) in an uninhabited place, or
(3) by a band,
whenever such circumstance may facilitate the
commission of the offense
NOTE: When present in the same case and their
element are distinctly palpable and can subsist
independently, they shall be considered separately.
NIGHTTIME (obscuridad) that period of darkness
beginning at the end of dusk and ending at dawn.
NOTE: Commission of the crime must begin and be
accomplished in the nighttime. When the place of the
crime is illuminated by light, nighttime is not aggravating. It
is not considered aggravating when the crime began at
daytime.
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.

UNINHABITED PLACE (despoblado) one where there

are no houses at all, a place at a considerable distance
from town, where the houses are scattered at a great
distance from each other.
BAND (en cuadrilla) whenever there are more than 3
armed malefactors that shall have acted together in the
commission of an offense.
NOTE: There must be four or more armed men

#GOBACK2BASIC

International School of Asia and the Pacific 7

Subject: Criminal Law (Book 1)
3.
Par. 7. That the crime be committed on the occasion of
a conflagration, shipwreck, earthquake, epidemic or
other calamity or misfortune.

Requisites:
1. The crime was committed when there was a
calamity or misfortune
2. The offender took advantage of the state of
confusion or chaotic condition from such misfortune
Par. 8.That the crime be committed with the aid of
(1) armed men or
(2) persons who insure or afford impunity
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.
Par. 9. That the accused is a recidivist
RECIDIVIST one who at the time of his trial for one
crime, shall have been previously convicted by final
judgment of another crime embraced in the same title of
the RPC.
Requisites:
1. That the offender is on trial for an offense;
2. That he was previously convicted by final judgment
of another crime;
3. That both the first and the second offenses are
embraced in the same title of the Code;
4. That the offender is convicted of the new offense.
Par. 10. That the offender has been previously
punished for an offense to which the law attaches an
equal or greater penalty or for two or more crimes to
which it attaches a lighter penalty.
Requisites of Reiteracion Or Habituality:
1. That the accused is on trial for an offense;
2. That he previously served sentence for another
offense to which the law attaches an a) Equal or b)
Greater penalty, or c) 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
THE FOUR FORMS OF REPETITION ARE:
1. Recidivism (par. 9, Art. 14) Where a person, on
separate occasions, is convicted of two offenses
embraced in the same title in the RPC. This is a
generic aggravating circumstance.
2. Reiteracion or Habituality (par. 10, Art. 14)
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. This is a generic
aggravating circumstance.

aries gallandez_12

4.

Multi-recidivism or Habitual delinquency (Art.62,

par, 5) 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. This is an extraordinary aggravating
circumstance.
Quasi-recidivism (Art. 160) Where a person
commits felony before beginning to serve or while
serving sentence on a previous conviction for a
felony. This is a special aggravating circumstance.

NOTE: 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 quasirecidivist.
Par. 11. That the crime be committed in consideration
of price, reward or promise.
Requisites:
1. There are at least 2 principals:
a. The principal by inducement (one who offers)
b. The principal by direct participation (accepts)
2. The price, reward, or promise should be previous to
and in consideration of the commission of the criminal
act.

Par. 12. That the crime be committed by means of

inundation, fire, poison, explosion, stranding of a
vessel or intentional damage thereto, derailment of a
locomotive, or by use of any artifice involving great
waste and ruin
The circumstances under this paragraph will only
be considered as aggravating if and when they are used
by the offender as a means to accomplish a criminal
purpose
Par. 13. That the act be committed with evident
premeditation
Requisites: The prosecution must prove
1. The time when the offender determined to commit
the crime;
2. An act manifestly indicating that the culprit has
clung to his determination; and
3. A sufficient lapse of time between the determination
and execution, to allow him to reflect upon the
consequences of his act and to allow his
conscience to overcome the resolution of his will.
Essence of premeditation: The execution of the criminal
act must be preceded by cool thought and reflection upon
the resolution to carry out the criminal intent during the
space of time sufficient to arrive at a calm judgment.
Par. 14. That (1) craft, (2) fraud, or (3) disguise be
employed.

#GOBACK2BASIC

International School of Asia and the Pacific 8

Subject: Criminal Law (Book 1)

Requisite
1. The offender must have actually used craft, fraud,
or disguise to facilitate the commission of the crime.
CRAFT (astucia) involved the use of intellectual trickery
or cunning on the part of the accused. A chicanery
resorted to by the accused to aid in the execution of his
criminal design. It is employed as a scheme in the
execution of the crime.
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.
Par. 15. That (1) advantage be taken of superior
strength, or (2) means be employed to weaken the
defense.
It contemplates two aggravating circumstances,
either of which qualifies a killing to murder.
Par. 16. That the act be committed with treachery
(alevosia)
Requisites:
1. That at the time of the attack, the victim was not in
a position to defend himself; and
2. That the offender consciously adopted the
particular means, method or form of attack
employed by him.
TREACHERY ABSORBS:
1. Craft
2. Abuse of superior strength
3. Employing means to weaken the defense
4. Cuadrilla (band)
5. Aid of armed men
6. Nighttime
Par. 17. That means be employed or circumstances
brought about which add ignominy to the natural
effects of the act
IGNOMINY is a circumstance pertaining to the moral
order, which adds disgrace and obloquy to the material
injury caused by the crime.
Par. 18. That the crime be committed after an unlawful
entry.
UNLAWFUL ENTRY - when an entrance is effected by a
way not intended for the purpose.
Par. 19. That as a means to the commission of a crime,
a wall, roof, floor, door, or window be broken.
Applicable only if such acts were done by the
offender to effect ENTRANCE. If the wall, etc., is broken in
order to get out of the place, it is not an aggravating
circumstance.
Par. 20. That the crime be committed (1) with the aid of
persons under fifteen (15) years of age, or (2) by
means of motor vehicles, airships, or other similar
means.

aries gallandez_12

Par. 21. That the wrong done in the commission of the

crime be deliberately augmented by causing other
wrong not necessary for its commission
CRUELTY there 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:
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.
CHAPTER FIVE
ALTERNATIVE CIRCUMSTANCES
ALTERNATIVE CIRCUMSTANCES Those which must
be taken into consideration as aggravating or mitigating
according to the nature and effects of the crime and the
other conditions attending its commission.
ART.15 Concept of Alternative Circumstances
BASIS: The nature and effects of the crime and the other
conditions attending its commission.
THE ALTERNATIVE CIRCUMSTANCES ARE:
1. Relationship;
2. Intoxication; and
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 Spouse, Ascendant, Descendant,
Legitimate, natural, or adopted brother or sister, or
Relative by affinity in the same degree of the offender.
INTOXICATION
1. Mitigating
If intoxication is not habitual, or
If intoxication is not subsequent to the plan to
commit a felony.
2. Aggravating
If intoxication is habitual, or
If it is intentional (subsequent to the plan to
commit a felony).
INSTRUCTION OR EDUCATION

As an alternative circumstance it does not refer only

to literacy but more to the level of intelligence of the
accused.

Refers to the lack or presence of sufficient intelligence

and knowledge of the full significance of ones 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.

#GOBACK2BASIC

International School of Asia and the Pacific 9

Subject: Criminal Law (Book 1)

General Rule: Lack of sufficient education is mitigating.

Exceptions:
1. Crimes against property (e.g. arson, estafa, theft,
robbery)
2. Crimes against chastity, and
3. Treason because love of country should be a
natural feeling of every citizen, however unlettered
or uncultured he may be.
TITLE TWO
PERSONS CRIMINALLY LIABLE FOR
FELONIES
ART.16.WHO ARE CRIMINALLY LIABLE Principals,
Accomplice, Accessory
NOTE:

Those 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 unnecessary.

ART.17.PRINCIPALS
THREE TYPES OF PRINCIPALS:
1. Principal by DIRECT PARTICIPATION (par.1)
1. Principal by INDUCTION (par.2)
2. Principal by INDISPENSABLE COOPERATION
(par.3)
ART.18.ACCOMPLICES
ACCOMPLICES - Persons who do not act as principals
but cooperate in the execution of the offense by previous
and simultaneous acts, which are not indispensable to the
commission of the crime. They act as mere instruments
that perform acts not essential to the perpetration of the
offense
ART.19.ACCESSORIES
Accessories are those who:
1. having knowledge of the commission of the crime,
and
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.
b. Assisting the offender to profit by the effects of
the crime.
c. By concealing or destroying the body of the
crime to prevent its discovery.
PD 1612 THE ANTI-FENCING LAW OF 1979
FENCING 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 is a person who commits the act of fencing. A
fence who receives stolen property as above provided is

aries gallandez_12

not an accessory but a principal in the crime defined in

and punished by the Anti-Fencing Law.
ART.20.ACCESSORIES WHO ARE EXEMPT FROM
CRIMINAL LIABILITY
An accessory is exempt from criminal liability when
the principal is his:
1. spouse, or
2. ascendant, or
3. descendant
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.
2.

profited by the effects of the crime, or

assisted the offender to profit by the effects of the
crime.

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.
TITLE THREE
PENALTIES
Chapter One : PENALTIES IN GENERAL
PENALTY suffering inflicted by the State for the
transgression of a law.
Different Juridical Conditions of Penalty:
1. Must be productive of suffering, without however
affecting the integrity of the human personality.
2. Must be commensurate with the offense different
crimes must be punished with different penalties
3. Must be personal no one should be punished for
the crime of another.
4. Must be legal it is the consequence of a judgment
according to law.
5. Must be certain no one may escape its effects.
6. Must be equal for all.
7. Must be correctional.
Theories Justifying Penalty:
1. Prevention to prevent or suppress the danger to
the State arising from the criminal act of the
offender.
2. Self-defense so as to protect society from the
threat and wrong inflicted by the criminal.
3. Reformation the object of punishment in criminal
cases is to correct and reform the offender.
4. Exemplarity the criminal is punished to serve as
an example to deter others from committing crimes.
5. Justice that crime must be punished by the State
as an act of retributive justice, a vindication of
absolute right and moral law violated by the
criminal.
Three-Fold Purpose Of Penalty Under The Code:
1. Retribution or expiation the penalty
commensurate with the gravity of the offense.

#GOBACK2BASIC

is

International School of Asia and the Pacific 10

Subject: Criminal Law (Book 1)

2.

Correction or reformation shown by the rules

which regulate the execution of the penalties
consisting in deprivation of liberty.
3. Social defense shown by its inflexible severity to
recidivists and habitual delinquents.
ART.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.
EX POST FACTO LAW - 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.
BILL OF ATTAINDER A legislative act which inflicts
punishment without trial.
ART.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.
EXCEPTION: Pardon by the offended party will bar
criminal prosecution in the following crimes:
1. Adultery and Concubinage
2. Seduction, Abduction, Acts of Lasciviousness
3. Rape (as amended by R.A. 8353)
ART.24.MEASURES OF PREVENTION OR SAFETY,
WHICH ARE NOT CONSIDERED PENALTIES

4.
5.
5.

suspensin is an accessory penalty, in which case

its duration is that of the principal penalty
Arresto mayor 1 month and 1 day to 6 Months
Arresto menor 1 day to 30 days
Bond to keep the peace The period is
discretionary on the court.

NOTE: - Destierro is a principal, divisible and correctional

penalty.
ART. 29: PERIOD OF PREVENTIVE IMPRISONMENT
DEDUCTED FROM TERM OF IMPRISONMENT
Instances when accused undergoes
suspension:
1. offense is non-bailable
2. bailable but cant furnish bail

preventive

RULE:
Full Time: if the detention prisoner agrees
voluntarily in writing to abide by the same
disciplinary rules imposed upon convicted
prisoners
Four-fifths (4/5) of the time: if the detention
prisoner does not agree to abide by the same
disciplinary rules imposed upon convicted
prisoners.
Except:
Recidivist,
Habitual
Delinquent & Escapee.
ART 34: CIVIL INTERDICTION Effects; Deprivation of
the following rights:
1. Parental rights
2. Guardianship over the ward
3. Marital authority
4. Right to manage property and to dispose of the
same by acts inter vivos.
ART. 35: EFFECTS OF BOND TO KEEP THE PEACE

ART. 26: WHEN AFFLICTIVE, CORRECTIONAL, OR

LIGHT PENALTY
Fines:
1. Afflictive over 6000
2. Correctional 201 to 6000
3. Light 200 and less

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. Bond to keep the peace or for
good behavior is imposed as a penalty in threats.

Chapter Three
DURATION AND EFFECTS OF PENALTIES

Pardon by the President does not restore the right to

public office or suffrage except when both are expressly
restored in the pardon. Nor does it exempt one from civil
liability or from payment of civil indemnity.

Section One. Duration of Penalties

Art. 27: RECLUSION PERPETUA
1. Reclusin perpetua 20 years and 1 day to 40
years
2. Reclusin temporal 12 years and 1 day to 20
years
3. Prisin mayor and temporary disqualification
6 years and 1 day to 12 years, except when
disqualification is an accessory penalty, in which
case its duration is that of the principal penalty
4. Prisin correccional, suspensin, and destierro
6 months and 1 day to 6 years, except when

aries gallandez_12

ART. 36: PARDON; ITS EFFECT

Pardon by the offended party does not extinguish

criminal liability; may include offended party waiving civil
indemnity and it should be done before the institution of
the criminal prosecution and extended to both offenders.
ART. 37: COST; WHAT ARE INCLUDED
Costs include:
1. Fees
2. Indemnities, in the course of judicial proceedings
ART. 38: PECUNIARY LIABILITIES; ORDER OF
PAYMENT

#GOBACK2BASIC

International School of Asia and the Pacific 11

Subject: Criminal Law (Book 1)

Pecuniary liabilities of persons criminally liable, in the

following order:
1. The reparation of the damage caused
2. Indemnification of the consequential damages
3. Fine
4. Costs of proceedings
ART. 39: SUBSIDIARY PENALTY NOTES:
When the penalty prescribed 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.
RULES AS TO SUBSIDIARY PENALTY
1. If the penalty imposed is prisin 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. When the penalty imposed is fine only subsidiary
imprisonment is:
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. When the penalty imposed is higher than prisin
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.
5. 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.

c.
2.

one or more grave and one

or more less grave felonies
2 or more less grave felonies

COMPLEX CRIME PROPER when an offense is a

necessary means for committing another
Requisites:
a. that at least 2 offenses are committed
b. that one or some of the offenses must be
necessary to commit the other
c. that both or all the offenses must be punished
under the same statute

PLURALITY OF CRIMES consists in the successive

execution by the same individual of different criminal acts
upon any of which no conviction has yet been declared.
CONTINUED CRIME refers to a single crime consisting
of a series of acts but all arising from one criminal
resolution. Although there is a series of acts, there is only
one crime committed, so only one penalty shall be
imposed.
ART. 70: SUCCESSIVE SERVICE OF SENTENCE
The Three-Fold Rule:
1. Maximum duration of the convicts sentence: 3
times the most severe penalty imposed
2. Maximum duration: shall not exceed 40 yrs
3. Subsidiary imprisonment: This shall be excluded in
computing for the maximum duration.
ART. 72: PREFERENCE IN THE PAYMENT OF THE
CIVIL LIABILITIES
NOTE: The penalties shall be satisfied according to the
chronological order of the dates of the final judgment. (Art.
70)

Chapter Four
APPLICATION OF PENALTIES
ART. 47: IN WHAT CASES THE DEATH PENALTY
SHALL NOT BE IMPOSED
RA 9346 Abolished the Death Penalty Law
ART.48: PENALTY FOR COMPLEX CRIMES COMPLEX
CRIME Although there actually are two or more crimes,
the law treats them as constituting only one- as there is
only one criminal intent. Only one information needs be
filed.
Two (2) Kinds Of Complex Crimes:
1.

COMPOUND CRIME single act constitutes 2 or

more grave or less grave felonies
Requisites:
a. that only one single act is performed by the
offender
b. that the single act produces
2 or more grave felonies

aries gallandez_12

Chapter Five
EXECUTION AND SERVICE OF PENALTIES
ART. 79: SUSPENSION OF THE EXECUTION AND
SERVICE OF THE PENALTIES IN CASE OF INSANITY
INDETERMINATE SENTENCE LAW
(Act No. 4103 as amended by Act No. 4225)
NOTE: It applies to both violations of Revised Penal Code
and special laws, and is based on the penalty actually
imposed.
IF THE PENALTY IS IMPOSED BY THE RPC:
1. The Maximum Term is that which could be
properly imposed under the RPC, considering the
aggravating and mitigating circumstances.
2. The MinimumTerm is within the range of the
penalty one degree lower than that prescribed by
the RPC, without considering the circumstances.

#GOBACK2BASIC

International School of Asia and the Pacific 12

Subject: Criminal Law (Book 1)

IF THE PENALTY IS IMPOSED BY SPECIAL PENAL

LAW
1. The Maximum Term must not exceed the
maximum term fixed by said law.
2. The Minimum Term must not be less than the
minimum term prescribed by the same.

6.

Light offenses 2 months

By Prescription Of Penalty
NOTE: means the loss/forfeiture of the right of
government to execute the final sentence after the
lapse of a certain time.
Conditions:
1. There must be final judgment.
2. The period must have elapsed.
Prescriptive periods of penalties:
1.
2.
3.

PROBATION LAW OF 1976

(PD 968, AS AMENDED)
PROBATION - 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

4.
7.

ART. 83: SUSPENSION OF THE EXECUTION OF THE

DEATH SENTENCE
Death sentence commuted to RP:
1. woman, while pregnant
2. woman, within 1 year, after delivery
3. person over 70 years of age
4. convict who becomes insane after final sentence of
death has been pronounced
Title Four
EXTINCTION OF CRIMINAL LIABILITY
ART. 89: HOW CRIMINAL LIABILITY IS TOTALLY
EXTINGUISHED
1. Death
2. Service of Sentence
3. Amnesty is an act of the sovereign power
granting oblivion or general pardon. It wipes all
traces and vestiges of the crime but does not
extinguish civil liability.
4. Absolute Pardon Pardon is an act of grace
proceeding from the power entrusted with the
execution of laws, which exempts the individual
from the punishment the law inflicts for the crime.
5. Prescription of Crime

aries gallandez_12

By Marriage of the Offended woman (art. 344)

Crimes covered:
1. seduction
2. abduction
3. acts of lasciviousness
NOTE: The marriage must be contracted in good
faith.

ART. 94: PARTIAL EXTINCTION OF CRIMINAL LIABILITY

1.

Conditional pardon contract between the sovereign

power of the executive and the convict

2.

Commutation change in the decision of the court by the

chief regarding the:

degree of the penalty

by decreasing the length of the

imprisonment or fine
Commutation Allowed When:

person is over 70 years old

8 justices fail to reach a decision affirming

the death penalty

3.

PAROLE consists in the suspension of the sentence of

a convict after serving the minimum term of the
indeterminate
penalty,
without
granting
pardon,
prescribing the terms upon which the sentence shall be
suspended. In case his parole conditions are not
observed, a convict may be returned to the custody and
continue to serve his sentence without deducting the time
that elapsed.

4.

Prescriptive Periods of Crimes:

Crimes punishable by:
Death, reclusin perpetua or reclusin
temporal 20 years
Afflictive penalties 15 years
Correctional penalties 10 years;
Except those punishable by arresto mayor
which shall prescribe in 5 years
Crime of libel 1 year
Offenses of oral defamation and slander by
deed 6 months

Death and reclusin perpetua 20 years

Other afflictive penalties 15 years
Correctional penalties 10 years, except for
the penalty of arresto mayor which prescribes
in 5 years
Light penalties 1 year

Good conduct allowance during confinement

Deduction for the term of sentence for good behavior
For Good Cond

uct Per Year

#GOBACK2BASIC

International School of Asia and the Pacific 13

Subject: Criminal Law (Book 1)

Good Conduct Time Allowance Table

Allowance
5 days per month
behavior
3rd to 5th years
8 days per month
behavior
Following years up to 10th year
10 days per month
behavior
11th year and successive years
15 days per month
behavior
Years
First 2 years

of good
of good

TWO CLASSES OF CIVIL LIABILITY

1. social injury produced by disturbance and alarm which
are the outcome of the offense
2. personal injury caused by the victim who may have
suffered damage, either to his person, property, honor or
chastity

of good
of good

ART. 98: SPECIAL TIME ALLOWANCE FOR LOYALTY

NOTES:

The article applies only to prisoners who escaped.

There is a deduction of 1/5 of the period of sentence of

prisoner who, having evaded the service of his sentence
during the calamity or catastrophe mentioned in Art 158,
gives himself up to the authorities within 48 hours
following the issuance of the proclamation by the
President announcing the passing away of the calamity or
catastrophe.

The deduction is based on the original sentence and not

on the unexpired portion.

Art 158 provides for increased penalties A convict who

has evaded the service of his sentence by leaving the
penal institution on the occasion of disorder resulting from
conflagration, earthquake or similar catastrophe or during
mutiny in which he did not participate is liable to an
increased penalty (1/5 of the time still remaining to be
served not to exceed 6 months), if he fails to give
himself up to the authorities within 48 hours following the
issuance of a proclamation by the President announcing
the passing away of the calamity.

ART. 100: CIVIL LIABILITY OF A PERSON GUILTY OF

FELONY

ART. 99: WHO GRANTS TIME ALLOWANCES

ART. 112: EXTINCTION OF CIVIL LIABILITY

NOTES:

The authority to grant time allowance for good conduct is

exclusively vested in the Director of Prison. (e.g.
provincial warden cannot usurp Directors authority)

It is not an automatic right, and once granted, cannot be

revoked by him.

Civil Liability Is Extinguished By:

1. payment or performance
2. loss of the thing due condonation or remission of the debt
3. confusion or merger of the rights of creditor and debtor
4. compensation
5. Novation is a substitution of a new for an old debt. The
old debt is extinguished by the new one contracted in its
stead.

Title Five
CIVIL LIABILITY

aries gallandez_12

Dual Character Of The Crime As Against:

1. the state, because of the disturbance of peace and order
2. the private person injured, unless it involves the crime of
treason, rebellion, espionage, contempt and others where
no civil liability arises on the part of the offender either
because there are no damages or there is no private
person injured by the crime
ART. 103:
PERSONS

SUBSIDIARY

CIVIL

LIABILITY

OF

OTHER

Requisites:
1. The employer, teacher, person or corporation is engaged in
any kind of industry.
2. Any of their servants, pupils, workmen, apprentices or
employees commits a felony while in the discharge of his
duties.
3. The said employee is insolvent and has not satisfied his
civil liability.

#GOBACK2BASIC