Articles to Memorize for CRIMLAW1 JD-1 S.Y.

2017-2018
Art. 21. Penalties that may be imposed. – No felony shall be punishable by any penalty not Art. 25. Penalties which may be imposed. – The penalties which may be imposed, according
prescribed by law prior to its commission. to this Code, and their different classes, are those included in the following:

Art. 22. Retroactive effect of penal laws. – Penal laws shall have a retroactive effect insofar as SCALE
they favor the person guilty of a felony, who is not a habitual criminal, as this term is PRINCIPAL PENALTIES
defined in Rule 5 of Article 62 of this Code, although at the time of the publication of
such laws a final sentence has been pronounced and the convict is serving the same. Capital Punishment:
Death*
Art. 23. Effect of pardon by the offended party. – A pardon by the offended party dos not
extinguish criminal action except as provided in Article 344 of this Code; but civil Afflictive penalties:
liabilities with regard to the interest of the injured party is extinguished by his express Reclusión perpetua
waiver. Reclusión temporal
Perpetual or temporary absolute disqualification
Familiarize only Perpetual or temporary special disqualification
Art. 344. Prosecution of the crimes of adultery, concubinage, seduction, Prisión mayor
abduction, rape, and acts of lasciviousness. – The crimes of adultery and
concubinage shall not be prosecuted except upon a complaint filed by the Correctional penalties:
offended spouse. Prisión correctional
Arresto mayor
The offended party cannot institute criminal prosecution without Suspension
including both the guilty parties if they are both alive, nor, in any case, if he Destierro
shall have consented or pardoned the offenders.
Light penalties:
The offenses of seduction, abduction, rape,* or acts of lasciviousness, Arresto menor
shall not be prosecuted except upon the complaint filed by the offended Public censure
party or her parents, grandparents, or guardian, nor, in any case, if the
offender has been expressly pardoned by the above-named persons, as the Penalties common to the three preceding classes:
case may be. Fine, and
Bond to keep the peace.
In cases of seduction, abduction, acts of lasciviousness, and rape,
the marriage of the offender with the offended party shall extinguish the ACCESSORY PENALTIES
criminal action or remit the penalty already imposed upon him. The
provisions of this paragraph shall also be applicable to the co-principals, Perpetual or temporary absolute disqualification,
accomplices, and accessories after the fact of the above-mentioned Perpetual or temporary special disqualification,
crimes. Suspension from public office, the right to vote and be voted for, the
profession or calling,
*Rape not included under Sec 5, Rule 110, Revised Rules of Criminal Civil interdiction,
Procedure. Indemnification,
Forfeiture or confiscation of instruments and proceeds of the offense,
Payments of costs.
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Articles to Memorize for CRIMLAW1 JD-1 S.Y. 2017-2018
Art. 34. Civil interdiction. – Civil interdiction shall deprive the offender during the time of
*Now prohibited under R.A. 9346. his sentence of the rights of parental authority, or guardianship, either as to the person or
property of any ward, of marital authority, of the right to manage his property, and of the
Art. 26. Fine. – When afflictive, correctional, or light penalty – A fine, whether imposed as a single right to dispose of such property by any act or any conveyance inter vivos.
or as an alternative penalty, shall be considered an afflictive penalty, if it exceeds 6,000
pesos; a correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 Art. 36. Pardon; its effects. – A pardon shall not work the restoration of the right to hold
pesos; and a light penalty, if it be less than 200 pesos. public office, or the right of suffrage, unless such rights be expressly restored by the terms
of the pardon.
Art. 29. Period of preventive imprisonment deducted from the term of imprisonment. – Offenders or A pardon shall in no case exempt the culprit from the payment of the civil
accused who have undergone preventive imprisonment shall be credited in the service of indemnity imposed upon him by the sentence.
their sentence consisting of deprivation of liberty, with the full time during which they
have undergone preventive imprisonment if the detention prisoner agrees voluntarily in Art. 38. Pecuniary liabilities – Order of payment. – In case the property of the offender
writing after being informed of the effects thereof and with the assistance of counsel to should not be sufficient for the payment of all his pecuniary ,liabilities, the same shall be
abide by the same disciplinary rules imposed upon convicted prisoners, except in the met in the following order:
following cases:
1. The reparation of the damage caused.
1. When they are recidivists, or have been convicted previously twice or more time 2. Indemnification of the consequential damages.
any crime; and 3. The fine.
2. When upon being summoned for the execution of their sentence they have 4. The cost of the proceedings.
failed to surrender voluntarily.
Art. 39. Subsidiary penalty. – If the convict has no property with which to meet the fine
If the detention prisoner does not agree to abide by the same disciplinary rules mentioned in the paragraph 3 of the next preceding article, he shall be subject to a
imposed upon convicted prisoners, he shall do so in writing with the assistance of a subsidiary personal liability at the rate of one day for each amount equivalent to the
counsel and shall b credited in the service of his sentence with four-fifths of the time highest minimum wage rate prevailing in the Philippines at the time of the rendition of
during which he has undergone preventive imprisonment. judgement of conviction by the trial court, subject to the following rules:
Credit for preventive imprisonment for the penalty or reclusion perpetua shall be
deducted from thirty (30) years. 1. If the principal penalty imposed be prisión correctional or arresto and a fine, he
Whenever an accused has undergone preventive imprisonment for a period shall remain under confinement until his fine referred in the preceding
equal to the possible maximum imprisonment of the offense charged to which he may be paragraph is satisfied, but his subsidiary imprisonment shall not exceed
sentenced and his case is not yet terminated, he shall be released immediately without one-third of the term of the sentence, and in no case shall it continue for
prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same more than one year, and no fraction and part of a day shall be, counted
is under review. Computation of preventive imprisonment for purposes of immediate against the prisoner.
release under this paragraph shall be the actual period of detention with good conduct 2. When the principal penalty imposed be only a fine, the subsidiary
time allowance: Provided, however, That if the accused is absent without justifiable cause at imprisonment shall not exceed six months, if the culprit shall have been
any stage of the trial, the court may motu proprio order the rearrest of the accused: Provided, prosecuted for a grave or less grave felony, and shall not exceed fifteen
finally, That recidivists, habitually delinquents, escapees and persons charged with heinous days, for a light felony.
crimes are excluded from the coverage of this Act. In case the maximum penalty to which 3. When the principal penalty imposed is higher than prisión correctional, no
the accused may be sentenced is destierro, he shall be released after thirty (30) days of subsidiary imprisonment shall be imposed upon the culprit.
preventive imprisonment. 4. If the principal penalty imposed is not to be executed by the confinement
in a penalty is of fixed duration, the convict, during the period of time
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Articles to Memorize for CRIMLAW1 JD-1 S.Y. 2017-2018
established in the preceding rules, shall continue to suffer the same 1. When the penalty prescribed for the felony is single and indivisible, the
deprivations as those of which the principal penalty consists. penalty next lower in degree shall be that immediately following that
5. The subsidiary; personal liability which the convict may have suffered by indivisible penalty in the respective graduated scale prescribed in Article 71
reason of his insolvency shall not relieve him from the fine in case his of this Code.
financial circumstances shall improve. (As amended by R.A. No. 5465, which 2. When the penalty prescribed for the crime is composed of two indivisible
lapsed into law on April 21, 1969; As amended by R.A. 10159, approved April 10, penalties, or one or more divisible penalties to be imposed to their full
2012) extent, the penalty next lower in degree shall be immediately following the
lesser of the penalties prescribed in the respective graduated scale.
Art. 46. Penalty to be imposed upon principals in general. – The penalty prescribed by law for 3. When the penalty prescribed for the crime is composed of one, or two
the commission of a felony shall be imposed upon the principals in the commission of indivisible penalties and the maximum period of another divisible penalty,
such felony. the penalty next lower in degree shall be composed of the medium and
Whenever the law prescribes a penalty for a felony in general terms, it shall be minimum periods of the proper divisible penalty and the maximum period
understood as applicable to the consummated felony. of that immediately following in said respective graduated scale.
4. When the penalty prescribed for the crime is composed of several periods,
Art. 48. Penalty for complex crimes. – When a single act constitutes two or more grave corresponding to different divisible penalties, the penalty next lower in
felonies, or when a offense is a necessary means for committing the other, the penalty for degree shall be composed of the period immediately following the
the most serious crime shall be imposed, the same to be applied in its maximum period. minimum prescribed and of the two next following, which shall be taken
from the penalty prescribed; if possible; otherwise, from the penalty
Art. 49. Penalty to be imposed upon the principals when the crime committed is different from that immediately following in the above-mentioned respective graduated scale.
intended. – In cases which the felony committed is different from that which the offender 5. When the law prescribes a penalty for a crime in some manner not specially
intended to commit, the following rules shall be observed: provided for in the four preceding rules, the courts, proceeding by analogy,
shall impose the corresponding penalties upon those guilty as principals of
1. If the penalty prescribed for the felony committed be higher than that the frustrated felony, or of attempt to commit the same, and upon
corresponding to the offense which the accused intended to commit, the accomplices and accessories.
penalty corresponding to the latter shall be imposed in its maximum
period. Section Two. – Rules for the application of penalties with regard to the mitigating and
2. If the penalty prescribed for the felony committed be lower than that aggravating circumstances, and habitual delinquency
corresponding to the one which the accused intended to commit, the
penalty for the former shall be imposed in its maximum period. Art. 62. Effects of the attendance of mitigating or aggravating circumstances and of habitual delinquency.
3. The rule established by the acts committed by the guilty person shall also – Mitigating or aggravating circumstances and habitual delinquency shall be taken into
constitute an attempt or frustration of another crime, if the law prescribes a account for the purpose of diminishing or increasing the penalty in conformity with the
higher penalty for either of the latter offenses, in which case the penalty following rules:
provided for the attempt or the frustrated crime shall be imposed in the
maximum period. 1. Aggravating circumstances which in themselves constitute a crime specially
punishable by law or which are included by the law in defining a crime and
Art. 61. Rules of graduating penalties. – For the purpose of graduating the penalties which prescribing the penalty therefor shall not be taken into account for the
according to the provisions of Articles 50 to 57, inclusive, of this Code, are to be imposed purpose of increasing the penalty.
upon persons guilty as principals of any frustrated or attempted felony, or as accomplices 1(1). When in the commission of the crime, advantage was taken by the
or accessories, the following rules shall be observed: offender of his public position, the penalty to be imposed shall be in its
maximum regardless of mitigating circumstances.
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Articles to Memorize for CRIMLAW1 JD-1 S.Y. 2017-2018
The maximum penalty shall be imposed if the offense was committed any of said crimes a third time or oftener. (As amended by R.A. No.
by any person who belongs to an organized/syndicated crime group. 7659.)
An organized/syndicated crime group means a group of two or more
persons collaborating, confederating or mutually helping one another for TABULATION OF THE PROVISION OF THE CHAPTER
purposes of gain in the commission of any crime. (As amended by R.A. No.
7659.)
Penalty to be
Penalty to be imposed upon
Penalty to be
2. The same rule shall apply with respect to any aggravating circumstances imposed upon the principal in
imposed upon Penalty to be
inherent in the crime to such a degree that it must of necessity accompany Penalty
the principal in an attempted
the accessory in imposed upon
a frustrated crime, the
the commission thereof. prescribed for
crime and the accessory in the
frustrated crime, the accessory in
3. Aggravating or mitigating circumstances which arise from the moral the crime
accomplice in a consummated
and the an attempted
accomplices in an crime
attributes of the offender, or from his private relations with the offended consummated crime, and the
attempted crime
party, or from any other personal cause, shall only serve to aggravate or crime accomplices in a
frustrated crime
mitigate the liability of the principals, accomplices, and accessories as to
whom each circumstances are attendant. Prisión
4. The circumstances which consist in the material execution of the act, or in correctional in its
Reclusión Reclusión
the means employed to accomplish it, shall serve to aggravate or mitigate First Case Death
perpetua temporal
Prisión mayor maximum prisión
the liability of those persons only who had knowledge of them at the time mayor in its
medium period
of the execution of the act or their cooperation therein.
5. Habitual delinquency shall have the following effects: Prisión Arresto mayor in
(a) Upon a third conviction, the culprit shall be sentenced to the penalty Reclusión correctional in its its maximum
Second Reclusión
perpetua to Prisión mayor maximum prisión period to prisión
provided by law for the last crime of which he be found guilty and to Case
death
perpetua
mayor in its correctional in its
the additional penalty of prisión correctional in its medium and maximum medium period medium period
periods;
Prisión mayor in Prisión Arresto mayor in
(b) Upon a forth conviction, the culprit shall be sentenced to the penalty Reclusión
its maximum correctional in its its maximum
Fine and arresto
temporal in its mayor in its
provided for the last crime of which he be found guilty and to the Third Case reclusión maximum prisión period to prisión
maximum period minimum and
additional penalty of prisión mayor in its minimum and medium periods; to death
temporal in its mayor in its correctional in its
medium periods
medium period medium period medium period
and
(c) Upon fifth or additional conviction, the culprit shall be sentenced to Prisión mayor in Prisión Arresto mayor in
Fine and arresto
the penalty provided for the last crime of which he be found guilty and its maximum correctional in its its maximum
mayor in its
Fourth Case reclusión maximum prisión period to prisión Fine
to the additional penalty of prisión mayor in its maximum period to temporal in its mayor in its correctional in its
minimum and
reclusión temporal in its minimum period. medium period medium period medium period
medium periods
Notwithstanding the provisions of this article, the total of the
two penalties to be imposed upon the offender, in conformity
Art 63. Rule for the application of indivisible penalties. – In all cases in which the law
herewith, shall in no case exceed 30 years.
prescribes a single indivisible penalty, it shall be applied by the courts regardless of any
For the purpose of this article, a lperson shall be deemed to be
mitigating or aggravating circumstances that may have attended the commission of the
habitual delinquent, if within a period of ten years from the date of
deed.
his release or last conviction of the crimes of serious or less serious
In all cases in which the law prescribes a penalty composed of two indivisible
physical injuries, robo, hurto, estafa, or falsificacion, he is found guilty of
penalties the following rules shall be observed in the application thereof:
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Articles to Memorize for CRIMLAW1 JD-1 S.Y. 2017-2018
Study very well:
1. When the commission of the deed there is present only one aggravating
circumstance, the greater penalty shall be applied. Art. 68. Penalty to be imposed upon a person under eighteen years of age.* - When the offender is
2. When there are neither mitigating nor aggravating circumstances in the a minor under eighteen years of age and his case is one coming under the provisions of
commission of the deed, the lesser penalty shall be applied. the paragraph next to the last of Article 80 of this Code, the following rules shall be
3. When the commission of the act is attended by some mitigating circumstances observed:
and there is no aggravating circumstance, the lesser penalty shall be applied.
4. When both mitigating and aggravating circumstances attended the commission 1. Upon a person under fifteen but over nine years of age, who is not exempted
of the act, the courts shall reasonable allow them to offset one another in from liability by reason of the court having declared that he acted with
consideration of their number and importance, for the purpose of applying the discernment, a discretionary penalty shall be imposed, but always lower by two
penalty in accordance with the preceding rules, according to the result of such degrees than that prescribed by law for the crime which he committed.
compensation. 2. Upon a person over fifteen and under eighteen years of age the penalty next
lower than that prescribed by law shall be imposed, but always in the proper
Art. 64. Rules for the application of penalties which contain three periods. – In cases in which the period.
penalties prescribed by law contain three periods, whether it be a single divisible penalty
or composed of three different penalties, each of which forms a period in accordance *Suspension of sentence shall still be applied even if the juvenile is already eighteen (18) years
with the provisions of Articles 76 and 77, the courts shall observe for the application of of age or more at the time of the pronouncement of his/her guilt. (Sec. 38, R.A. 9344).
the penalty the following rules, according to whether there are or are no mitigating or If said child in conflict with the law has reached eighteen (18) years of age while under
aggravating circumstance: suspended sentence, the court shall determine whether to discharge the child in accordance with
R.A. 9344, 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. (Second
1. When there are neither aggravating nor mitigating circumstances, they shall be sentence of Sec. 40, R.A. 9344).
impose the penalty prescribed by law in its medium period.
2. When only mitigating circumstance is present in the commission of the act, they Memorize:
shall impose the penalty in its minimum period.
3. When only aggravating circumstance is present in the commission of the act, Art. 70. Successive service of sentences. – When the culprit has to serve two or more penalties
they shall impose the penalty in its maximum period. he shall serve them simultaneously if the nature of the penalties will so permit; otherwise,
4. When both mitigating and aggravating circumstances are present, the court shall the following rules shall be observed:
reasonably offset those of one class against the other according to their relative In the imposition of penalties, the order of their respective severity shall be followed
weight. so that they may be executed successively or as nearly as may be possible, should a pardon
5. When there are two or more mitigating circumstances and no aggravating have been granted as to the penalty or penalties first imposed or should they have been
circumstances are present, the court shall impose the penalty next lower to that served out.
prescribed by law, in the period that it may deem applicable, according to to the For the purpose if applying the provisions of the next preceding paragraph, the
number and nature of such circumstances. respective severity of the penalties shall be determined in accordance with the following
6. Whatever may be the number and nature of the aggravating circumstances, the scale:
courts shall impose a greater penalty than prescribed by law, in its maximum 1. Death
period. 2. Reclusión perpetua
7. Within the limits of each period, the courts shall determine the extent of the 3. Reclusión temporal
penalty according to the number and nature of the aggravating and mitigating 4. Prisión mayor
circumstances and the greater or lesser extent of evil produced by the crime.
5. Prisión correctional
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Articles to Memorize for CRIMLAW1 JD-1 S.Y. 2017-2018
6. Arresto mayor SCALE NO. 2
7. Arresto menor
8. Destierro 1. Perpetual absolute disqualification
9. Perpetual absolute disqualification 2. Temporal absolute disqualification
10. Temporal absolute disqualification 3. Suspension from public office, the right to vote and be voted for, the right
11. Suspension from public office, the right to vote and be voted for, the right to to follow a profession or calling
follow a profession or calling, and 4. Public censure.
12. Public censure. 5. Fine
Notwithstanding the provisions of the rules next preceding, the maximum duration
of the convict’s sentence shall not be more than three-fold the length of time Don’t memorize, study:
corresponding the most severe of the penalties imposed upon him. No other penalty to
which he may be liable shall be inflicted after the sum total of those imposed equals the Art. 78. When and how a penalty is to be executed. – No penalty shall be executed except by
said maximum period. virtue of a final judgement.
In applying the provisions of this rule, the duration of perpetual penalties (pena A penalty shall not be executed in any other form than that prescribed by law, nor
perpetua) shall be computed at thirty years. (As amended by Com. Act No. 217) with any other circumstances or incidents than those expressly authorized thereby.
In addition to the provisions of the law, the special regulations prescribed for the
Art. 71. Graduate scales. – In the cases in which the law prescribes a penalty lower or government of the institutions in which the penalties are to be suffered shall be observed
higher by one or more degrees than another given penalty, the rules prescribed in Article with regard to the character of the work to be performed, the time of its performance,
61 shall be observed in graduating such penalty. and other incidents connected therewith, the relations of the convicts among themselves
The lower or higher penalty shall be taken from the graduate scale in which is and other persons, the relief which they may receive, and their diet.
comprised the given penalty. The regulations shall make provision for the separation of the sexes in different
The courts, in applying such lower or higher penalty, shall observe the following institutions, or at least into different departments, and also for the correction and reform
graduated scales: of the convicts.

SCALE NO. 1 Memorize:

1. Death Art. 87. Destierro. – Any person sentenced to destierro shall not be permitted to enter the
2. Reclusión perpetua place or places designated in the sentence, nor within the radius therein specified, which
3. Reclusión temporal shall be not more than 250 and not less than 25 kilometers from the place designated.
4. Prisión mayor
5. Prisión correctional
6. Arresto mayor
7. Destierro
8. Arresto menor
9. Public censure.
10. Fine

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