CRIMINAL LAW FINALS REVIEWER An ex post facto law is one which:



Criminal law - is that branch or division of law which • Makes criminal an act which was innocent when
done before its passage

defines crimes, treats of their nature, and provides

for their punishment.
• Aggravates a crime when committed

• Changes the punishment and inflicts a greater

Crime - an act committed or omitted in violation of punishment

a public law forbidding or commanding it.

• Alters the legal rules of evidence and authorizes
conviction upon less or different testimony than
Sources of Philippine Criminal Law: the law required

1. Revised Penal Code (Act no. 3815)

• Imposes penalty and deprivation of a right for
something which when done was lawful

2. Special penal laws

• Deprives a person accused of a crime some
lawful protection (amnesty, acquittal)

3. Penal presidential decrees during Martial law

There are no common law crimes in the Philippines. A bill of attainder is a legislative act which inflicts
Unless there be a particular provision in the penal punishment without trial. Its essence is the
code or special penal law that defines and punishes substitution of a legislative act for a judicial
the act, no criminal liability is incurred by its determination of guilt.

commission.

Ex. Congress passes a law authorizing the arrest of

Court decisions are not sources of criminal law.
communists without trial.

The state has the authority, under its police power, 2. No person shall be held to answer for a
to define and punish crimes and to lay down the criminal offense without due process of law
rules of criminal procedure. -> discretion.

Art. III- Bill of Rights- 1987 Constitution:

ASPECTS OF CRIMES:
• Right to a speedy trial

1. Criminal Aspect - to interest of the State

• Due process

2. Civil Aspect - also known as pecuniary liability;

interest of actual victim. The goal is to • Presumption of innocence

recompense, restore and reimburse the victim for • Double jeopardy prohibited

the injury committed against him.

Statutory rights of an accused:

In the Treaty of Paris, the political laws of Spain in

the Philippines ceased to be effective. However, the Sec.1. Rule 115 of the Revised Rules on Criminal
Spanish Penal Code remained effective Procedure

notwithstanding the change in sovereignty. This is

the same with the Spanish Civil Code.
1. Presumption of innocence

Art. 114 of the Revised Penal Code was uprooted 2. To be informed of the nature and cause of the
from the American Constitution. The American accusation

Constitution has provisions that are penal in 3. Speedy, impartial and public trial

character. However, our Constitution may be not

part of Criminal law, but it is intimately related to it.
4. Appeal

Imprisonment is the supreme form of deprivation of Rights of the accused which may be waived:

liberty.

1. Confrontation

Principles of Public International Law are there in

the absence of treaty stipulations. Example: 2. Cross examination

Immunity of Heads of State based on international - These rights are personal

comity and reciprocity

Right of the accused to be informed of the nature

Art. 1. - Time when act takes effect. This Code and cause of the accusation against him-> cannot
shall take effect on January 1, 1932. be waived because such involves public interest
which may be affected.

Limitations on the power of the lawmaking body

to enact penal legislation: Characteristics of Criminal Law:
1. No ex post facto law or bill of attainder shall 1. GENERAL. – Criminal law is binding on all
be enacted. persons who live or sojourn in Philippine
territory.
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Exceptions:
When a new statute dealing with a crime
establishes conditions that are more lenient and
• Treaties and laws of preferential application (ex. favorable to the accused, it can be given a
Visiting Forces Agreement, R.A. 75-Diplomatic retroactive effect.

reps and domestic servants)

But this exception has no application:

• Principles of international law and treaty

stipulations
1. Where the new law is expressly made
inapplicable to pending actions or existing
Persons exempt from the operation of our criminal causes of action;

laws by virtue of the principles of public

international law:
2. Where the offender is a habitual offender

1. Sovereigns and other chiefs of state;

Art. 2. - Except as provided in the treaties and
laws of preferential application, the provisions of
2. Ambassadors, ministers plenipotentiary,
ministers resident and charges d’affaires
this Code shall be enforced not only within the
Philippine archipelago, including its atmosphere,
It is a well-established principle of international law its interior waters and maritime zone, but also
that diplomatic representatives possess immunity outside of its jurisdiction, against those who:
from the criminal; jurisdiction of the country of their
sojourn and cannot be sued, arrested, or punished 1. Should commit an offense while on a
by the law of that country.
Philippine ship or airship;
A consul= not entitled to those privileges.
2. Should forge or counterfeit any coin or
currency note of the Philippine islands or
2. TERRITORIAL. – Criminal laws undertake to
obligations and securities issued by the
punish crimes committed within Philippine
Government of the Philippine Islands;
territory.
3. Should be liable for acts connected with the
The principle of territoriality means that, as a rule,
penal laws of the Philippines are enforceable only i n t ro d u c t i o n i n t o t h e e i s l a n d s o f t h e
within its territory.
obligations and securities mentioned in the
preceding number;
The Philippines applies the territoriality principle and
not the nationality principle for practical reasons.
4. While being public officers or employees,
should commit an offense in the exercise of
Each court has a territorial jurisdiction and only their functions;
crimes under its jurisdiction may be tried by such
court. Note: Exclusive Economic Zones are not part 5. Should commit any of the crimes against
of Philippine territory.
national security and the law of nations,
Exceptions:
defined in Title I, Book 2 of this Code.

• Those who should commit an offense while on a Art. 2 applies to all Philippine criminal laws in the
Philippine ship or airship
absence of special laws, as long as there is a nexus
to the Philippines.

• Those who should forge or counterfeit any coin or

currency note of the Philippines or obligations Art. 2 talks of the jurisdiction of Philippine courts.

and securities issued by the Government of the Laws of Preferential application - give preference or
Philippines
privileges to certain people. These are usually
• Those who should be liable for acts connected agreements involving diplomats.

with the introduction into the Philippines of the High seas - bodies of waters which do not form part
obligations and securities
of Philippine territory.

• While being public officers and employees, should Philippine ships are now registered under MARINA.

commit an offense in the exercise of their

functions
Art. 3. – Acts and Omissions punishable by law
are felonies. (delitos)
• Those who should commit any of the crimes
against national security and the law of nations
Felonies are committed not only by means of
deceit but also by means of fault (culpa).
3. PROSPECTIVE. – A penal law cannot make an
act punishable in which it was not punishable There is deceit when the act is perfomed with
when committed. deliberate intent; and there is fault when the
Exception:

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w ro n g f u l a c t re s u l t s f ro m i m p r u d e n c e , simply the incident of another act performed
negligence, lack of foresight or lack of skill. without malice. – CULPA/Fault

Felonies are acts and omissions punishable by the Crimes which cannot be committed through
Revised Penal Code. -> voluntary
imprudence or negligence:

Elements of Felonies: 1. Murder 3. Robbery

1. That there must be an act or omission;

2. Treason 4. Malicious mischief

2. That the act or omission must be punishable by Even if one commits a criminal act, one cannot
the Revised Penal Code;
commit it if it is done without intent or negligence.

3. That the act is performed or the omission Intentional felonies and culpable felonies are
incurred by means of dolo or culpa.
mutually exclusive. They cannot co-exist.

Act- any bodily movement tending to produce Voluntariness - is the concurrence of the 3 elements
some effect in the external world, it being of intentional felony and the culpable felony.
unnecessary that the same be actually produced, Without voluntariness, there can neither be an
as the possibility of its production is sufficient. \
intentional felony nor a culpable felony.

Overt acts - acts which constitute criminal acts.

Intelligence - the mental capacity of a person to
know wrong from right and to appreciate the
Example: A took the watch of B with the intent to consequences of one’s act. If the criminal act is
gain and without the consent of the latter. The act of committed by an insane, imbecile, or a minor, the
taking the watch of B constitutes the crime of theft.
said offender is exempted.

The act must be external, because internal acts are Actus Reus - Criminal Act

beyond the sphere of penal law.

Mens Rea - Criminal mind

Omission – inaction, the failure to perform a The law presumes that the criminal act was done
positive duty which one is bound to do. There must with criminal intent. The prosecution does not have
be a law requiring the doing or performance of an to prove that it was done with intent.

act, and the omission must be punishable by law.

Fact prevails over assumption, and in the absence
Examples:
of indubitable explanation, the act must be declared
voluntary and punishable.

1. Anyone who fails to render assistance to any

person whom he finds in an uninhabited place Requisites of Dolo/Malice
wounded or in danger of dying is liable for 1. Freedom - a person who acts under the
abandonment of persons in danger.
compulsion of an irresistible force is exempt from
2. An officer entrusted with the collection of taxes criminal liability. (Art. 12, par. 5). A person who
who voluntarily fails to issue a receipt as provided acts under the impulse of uncontrollable fear of
by law, is guilty of illegal exaction.
an equal or greater injury is exempt from criminal
3. Every person owing allegiance to the Philippines liability.

and having the knowledge of any conspiracy 2. Intelligence - necessary to determine the morality
against the government, who does not disclose of human acts. The imbecile or insane acting
and make known the same to the proper without discernment has no criminal liability.

authority, is liable for misprision of treason.

3. Intent- being purely a mental process, it is
Nullum crimen, nulla poena sine lege – there is no presumed, and the presumption arises from the
crime when there is no law punishing it.
proof of the commission of an unlawful act; Intent
presupposes the exercise of freedom and the use
Classification of felonies according to the means of intelligence. One who acts without freedom
by which they are committed: has no intent. One who acts without intelligence
1. Intentional felonies – the act or omission of has no intent.

the offender is malicious. The act performed Intent - The use of a particular means to achieve a
is with deliberate intent to cause an injury to desired result. One cannot see intent; it is an
another. - DOLO (criminal intent, NOT internal state of mind.

deliberate intent)

Types of Criminal Intent:

2. Negligent or Culpable felonies – the act or
omission is not malicious. The injury caused 1. General Criminal Intent - presumed in felonies
to another person is unintentional, it being committed by dolo; the third element of
voluntariness. Example: In homicide and murder,
intent to kill is presumed by law. The best
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 evidence to prove intent is the death of the 3. The prosecution only has circumstantial evidence
victim.
to prove the commission of the cirme

The prosecution need not prove intent to kill in Motive alone, however strong, will never bring about
homicide, murder, parricide and infanticide. It is only conviction. But motive and circumstantial evidence
in the attempted and frustrated stages of HMPI is necessary for conviction.

where intent is considered an element/a specific

criminal intent is required.
Motive is proved by the testimony of the
eyewitnesses as to the acts or statements made by
2. Specific Criminal Intent - in some particular the accused before or immediately after the
felonies, proof of particular specific intent is commission of the crime.

required. (intent to gain in crimes against

property, intent to kill in frustrated or attempted Motive is established by the acts or statements
homicide, intent of lewd designs in acts of made by the accused prior to or after the
lasciviousness, intent to deprive the victim of his commission of the crime but NOT during because in
liberty in kidnapping)
motive, there is no direct evidence. The witnesses
did not see how the crime was committed.

In Rivera vs People (January 25, 2006), the Court

declared that the evidence to prove intent to kill Intent Motive
in crimes against persons may consist of the The use of a particular T h e m o v i n g p o w e r
following:
means to achieve a which impels a person
1. The means used by the malefactors
desired result to do a specific act to
achieve the desired
2. The nature, location and number of wounds result; the reason
sustained by the victim
behind the intent
3. The conduct of the malefactors before, during A material element in Immaterial to determine
and immediately after the killing of the victim
determining the criminal the criminal liability of
4. The circumstances under which the crime was liability of the accused the offender
committed and the motives of the accused.
Established/proven by Established by the acts/
The use of a lethal weapon would show intent to kill the overt acts of the statements made by the
on the part of the offender, although death did not offender or the means offender prior to or
arise.
employed immediately after the
commission of the
Taking the personal property of another without the crime
consent of the owner would show intent to gain on
the part of the offender.
Mistake of Fact - the misapprehension of facts o
the person who caused injury to another. One is
Mistake of fact is a defense to negate criminal absolved of criminal liability because he acted
intent.
without criminal intent. It is an honest mistake of
Motive - is the moving power which impels a fact destroys the presumption of criminal intent
person to do an act to achieve the desired result.
which arises upon the commission of a felonious
act. Had the facts been as he believed them to be,
General rule: Motive is not material in determining his act would have been lawful and justifiable.

the criminal liability of the offender if:

Requisites of Mistake of Fact as a defense:

1. The offender is sufficiently identified

1. That the act done would have been lawful

2. The offender admits to the commission of the had the facts been as the accused believed
crime
them to be;

3. The prosecution had direct evidence or eye

witnesses to the commission of the crime
The act would have amounted to a justifying or
4. The crime committed was a culpable felony
exempting circumstance.

5. Crime committed is not a special penal law

US vs Ah Chong – Had the facts been as Ah Chong
Exceptions: Motive becomes material in believed them to be, he would have been justified in
determining the criminal liability of the offender killing the intruder.

when:
People vs Oanis – Both of the accused are guilty of
1. The act of the offender would result to variant murder for even if it were true that the victim was
cries (to know what crime should be charged)
the notorious criminal, the accused would not be
justified in killing him while the latter was sleeping.

2. The identity of the offender is doubtful

2. That the intention of the accused in

performing the act should be lawful;

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Such act must be ignited by a lawful or noble or In culpable felonies, the injury caused to another
justifiable intent.
should be unintentional, it being simply the incident
of another act performed without malice.

3. That the mistake must be without fault or

carelessness on the part of the accused.
In order that an act may be qualified by
imprudence, it is necessary that neither malice nor
When the accused is charged with intentional intention to cause injury should intervene; where
felony, absence of criminal intent is a defense.
such intention exists, the act should be qualified by
- All reasonable doubt intended to demonstrate the felony it has produced, even though it may not
error and not crime should be indulged in for the have been the intention of the actor to cause an evil
benefit of the accused.
of such gravity as that produced.

Mistake in the identity of the intended victim is not Mistake in the identity of the intended victim is not
reckless imprudence.
reckless imprudence.

- A deliberate intent to do an unlawful act is If there is neither malice nor negligence on the part
essentially inconsistent with the idea of of the person causing damage or injury to another,
reckless imprudence.
he is not criminally liable under the RPC. He is
exempt from criminal liability because he causes an
A mistake of fact cannot be used as a defense injury by mere accident, without or negligence of
against culpable felonies, since there is no intent to causing it.

consider, as it is replaced by INSF. (Imprudence,

Negligence, Lack of Skill, Lack of Foresight)
Crimes punished by special laws:

A person causing damage or injury to another, Intent/Dolo to commit the crime is not necessary as
without malice or fault, is not criminally liable under a rule. It is sufficient that the offender has the intent
the Revised Penal Code.
to perpetrate the act committed by the special law.

- He is exempt from criminal liability, because he The act alone, irrespective of its motives,
causes an injury by mere accident, without fault or constitutes the offense. A person may not have
intention of causing it.
consciously intended to commit a crime, but he did
intend to commit an act and that act is, by its very
Example: Catangay is not criminally liable for nature, the crime itself. It is enough that the
accidentally discharging his gun, hitting and killing prohibited act is done freely and consciously.

Ramos because he had no criminal intent and was

not negligent.
Good faith and absence of criminal intent are not
valid defenses in crimes punished by special laws.

But the act of discharging a gun in a public place is

unlawful. The one discharging it in a public place is When the acts are inherently immoral, they are mala
criminally liable for the injury caused.
in se even if they are punished under special laws.

Crimes where Intent is not an essential requisite

Not all acts punishable by special penal laws are
mala prohibita. There are some special penal laws
1. Culpable felonies
which punish acts mala in se (plunder)

2. Acts mala prohibita

Acts mala in se cannot absorb acts mala prohibita.

Requisites in crimes by means of fault or culpa

A culpable felony is necessarily included in an
intentional felony because a culpable felony is of
1. Freedom
lesser offense than that of intentional felony.

2. Intelligence

MALA IN SE vs MALA PROHIBITA

3. INSF

Mala in se Mala Prohibita

Imprudence/lack of foresight/negligence/lack of
skill- indicates a deficiency of action. Those so serious in Those violations of
their effects on society mere rules of
Negligence - indicates a deficiency of perception.
as to call for almost convenience designed
u n a n i m o u s to secure a more
A man must use common sense and exercise due
condemnation of its orderly regulation of the
reflection in all his acts; it his duty to be cautious,
members affairs of society
careful and prudent, if not from instinct, then
through fear of incurring punishment.
Criminal i n t e n t Criminal intent is not
necessary necessary
People vs. Ramirez – the hunter was guilty of the
crime of homicide through reckless imprudence.

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Refers generally to Refers generally to acts naturally and logically result therefrom, whether
felonies defined and m a d e c r i m i n a l b y foreseen or intended or not.

p e n a l i z e d b y t h e special laws El que es causa de la causa es cause del mal

Revised Penal Code causado – he who is the cause of the cause is the
Good faith or lack of Good faith or lack of cause of the evil caused.

criminal intent is a c r i m i n a l i n t e n t i s *When the person has not committed a felony, he is

defense. considered an not criminally liable for the result which is not
immaterial defense. intended.

M o d i f y i n g M o d i f y i n g INFS - liability of culpable felonies are determined

circumstances such as circumstances are not under Art. 365 which penalizes criminal negligence.

m i t i g a t i n g considered unless
c i rc u m s t a n c e s a n d otherwise provided by Causes which may produce a result different from
a g g r a v a t i n g the special penal law. that which the offender intended

cricumstances are
considered by the court 1. Mistake in identity of the victim (error in personae)

in the imposition of 2. Mistake in the blow (abberatio ictus)

penalty. 3. The injurious result is greater than that intended

Degree of participation Degree of pariticpation (praeter intentionem)

of the offender NOT considered. All Requisites of Paragraph 1 of Art. 4, in order that
(principal, accomplice, perpetrators are equally a person may be held liable for a felony different
accessory) is punished UNLESS from that which he intended:
considered in the otherwise provided by
imposition of penalty. the special penal law. 1. That an intentional felony has been
committed;

Stages (attempted, The only stage

f r u s t r a t e d , considered is the 2. That the wrong done to the aggrieved party
consummated) are consummated stage, be the direct, natural and logical
taken into unless otherwise consequence of the felony.

consideration in the provided by the special

No felony is committed when:
imposition of penalty. penal law.
1. The act or omission is not punishable by the
Art. 4. – Criminal liability incurred by: Revised Penal Code

1. Any person committing a felony (delito) 2. The act is covered by any of the justifying
although the wrongful act done be different circumstances in Art. 11

from that which he intended; The act of defense must be exercised with due
2. Any person performing an act which would be care; otherwise, the accused will be liable for
an offense against persons or property, were it culpable felony.

not for the inherent impossibility of its Any person who creates in another’s mind an
accomplishment or on account of the immediate sense of danger, which causes the latter
employment of inadequate and ineffectual to do something resulting in the latter’s injuries, is
means. liable for the resulting injuries. This is true even
though the immediate cause of the death was the
Proximate Cause doctrine - states that criminal erroneous or unskillful medical or surgical
liability shall be incurred by any person committing treatment. (Wise and practical policy)

a felony (delito) although the wrongful act be

different from that which he intended.
The wrong done needs to be considered as the
direct, natural and logical consequence of the
It is the cause that sets into motion all other causes, felony committed.

and which, when unbroken by an efficient

intervening cause, produces the felony without But where it clearly appears that the injury would
without which the felony would not have been not have caused death, in the ordinary course of
committed. It is necessary that the felonious act events, but would have healed in so many ways and
must not be broken by an efficient intervening it was shown beyond all doubt that the death was
cause.
due to the malicious carelessness of the victim or
third person, the accused is not liable.

One who commits an intentional felony is

responsible for all the consequences which may If blow was efficient cause of the death, accelerated
death, was proximate cause of death or if the
offended party refused to submit to surgical
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operation or if the resulting injury was aggravated 2. The resulting injury is due to the intentional
by infection, the accused is not relieved from the act of the victim.

natural and ordinary results of his crime.

Efficient Intervening Causes:

Proximate cause – is that cause which, in natural
and continuous consequence, unbroken by any 1. If slight physical injuries be inflicted, and the
efficient intervening cause, produces the injury, and victim deliberately immerses his body in a
without which the result would not have occurred.
contaminated cesspool

- The felony committed must be the proximate 2. If accused gave a blow to the victim and the latter
cause of the resulting injury.
died because of a fever prevalent in the locality

The cause and effect relationship between the 3. Where medical findings lead to a possibility that
felonious act of the accused and the resultant the infection of the wound was an efficient
injuries of the offended party is not altered or intervening cause

changed by:
A supervening event may be the subject of
1. Pathological condition of the victim
amendment of original information or of new charge
without double jeopardy.

2. Predisposition of the offended party

3. Concommitant or concurrent conditions, such as Impossible Crime - is committed by any person

the negligence/fault of the doctors
performing an act which would be an offense
4. Conditions supervening the felonious act such as against persons and property, were it not for the
tetanus, pulmonary infection or gangrene
inherent impossibility of its commission or on
account of the employment of ineffective or
The following are not efficient intervening inadequate means.
causes:
• The commission of an impossible crime is
1. The weak or diseased physical condition of indicative of criminal propensity or criminal
the victim, as when one is suffering from tendency on the part of the actor. Such person is
tuberculosis or heart disease;
a potential criminal.

2. The nervousness or temperament of the

victim, as when a person dies in • Punished in order to suppress criminal propensity
consequence of an internal hemorrhage or criminal tendencies.

brought on by moving against the doctor’s • Penalty - Art. 59 of the Revised Penal Code

orders;

3. Causes which are inherent in the victim, Requisites of Impossible Crimes

such as the victim not knowing how to swim

1. That the act performed would be an offense

4. Neglect of the victim or third person, such against persons or property;

as the refusal of an injured party of medical

attendance or surgical operation
A felony should not actually be committed, for,
5. Erroneous or unskillful medical or surgical otherwise, he would be liable for that felony.

treatment.
2. That the act was done with evil intent;

While the wounds inflicted are not immediate cause,

they can be the proximate cause of death.
3. That its accomplishment is inherently
impossible, or that the means employed is
When death is presumed to be the natural either inadequate or ineffectual;

consequence of physical injuries inflicted:

There must either be legal impossibility or physical
1. That the victim at the time the physical impossibility of accomplishing the intended act.

injuries were inflicted was in normal health

Where the means employed is adequate and the

2. That death may be expected from the result expected is not produced, it is not a
physical injuries inflicted
impossible crime—it is a frustrated felony.

3. That death ensued within a reasonable time.

4. That the act performed should not constitute
a violation of another provision in the
The felony committed is not the proximate cause Revised Penal Code.

of the resulting injury when:

Felonies against Persons:

1. There is an active force that intervened

between the felony committed and the 1. Abortion 3. Physical Injuries

resulting injury, and the active force is a 2. Duel 4. Rape

distinct act or fact absolutely foreign from

the felonious act of the accused;
Felonies against property

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1. Robbery 6. Theft
3. The court should not suspend the execution of
the sentence

2. Brigandage 7. Usurpation

4. The judge should submit a statement to the Chief

3. Culpable insolvency 8. Chattel mortgage
Executive, through the Secretary of Justice,
recommending executive clemency.

4. Swindling and other deceits 9. Arson

Penalties are not excessive when intended to

5. Malicious mischief
enforce public policy.

Employment of inadequate means —> impossible R.A. 9165 - Comprehensive Dangerous Drugs Act
crime; employment of adequate means but the does not apply to RPC. (Sec. 26 - Attempted sale)

result expected is not produced —> frustrated

felony
Art. 6. – Consummated, frustrated and
attempted felonies
Art. 5. Duty of the Court in connection with acts
A felony is consummated when all the elements
which should be repressed but which are not
necessary for its execution and accomplishment are
covered by the law, and in cases of excessive present.

penalties. - Whenever a court has knowledge of

any act which it may deem proper to repress and It is frustrated when the offender performs all acts
which is not punishable by law, it shall render of execution which would produce the felony as a
the proper decision and shall report to the Chief consequence but which, nevertheless, do not
Executive, through the Department of Justice, produce it by reason of causes independent of the
the reasons which induce the court to believe will of the perpetrator.

that said act should be made the subject of - If there is nothing more left to be done

penal legislation.
There is an attempt when the offender commences
In the same way, the court shall submit to the the commission of a felony directly by overt acts,
Chief Executive, through the Department of and does not perform all the acts of execution
Justice, such statement as may be deemed which should produce the felony by reason of some
proper, without suspending the execution of the cause or accident other than his own spontaneous
sentence, when a strict enforcement of the desistance.

provisions of this Code would result in the - The offender fails to perform all acts of
imposition of a clearly excessive penalty, taking execution which should produce the felony
into consideration the degree of malice and the because of some cause or accident.

inury caused by the offense.

Development of Crime:
“in connection with acts which should be repressed
but which are not covered by the law”:
1. Internal acts – the mere ideas in the mind of
a person, are not punishable even if, had
1. The act committed by the accused appears not they been carried, they would constitute a
punishable by any law;
crime.

2. But the court deems it proper to repress such Intention and effect must concur- mere intention
act;
producing no effect is no more a crime than a mere
3. In that case, the court must render the proper effect without the intention is a crime.

decision by dismissing the case and acquitting

the accused;
2. External acts – cover preparatory acts and
4. The judge must then make a report to the Chief acts of execution.

Executive, through the Secretary of Justice, Preparatory acts- ordinarily, they are not
stating the reasons which induce him to believe punishable. Some are considered, by themselves,
that the said act should be made the subject of as independent crimes that are punishable.

penal legislation.

“in case of excessive penalties..”:

Acts of execution – they are punishable under the
Revised Penal Code.

1. The court after trial finds the accused guilty;

- The first stage is the attempted, the second

2. The penalty provided by law and which the the frustrated, and the last stage—the
court imposes for the crime committed consummated.

appears to be clearly excessive because

A. The accused acted with lesser degree of malice Attempted felony - there is an attempt when the
and/or
offender begins the commission of a felony directly
B. There is no injury or the injury caused is of lesser by overt acts.

gravity.

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1. The offender commences the commission of the Elements of a frustrated felony:
felony directly by overt acts;

1. The offender performs all the acts of execution;

Overt act- is some physical activity or deed,

indicating the intention to commit a particular crime, 2. All the acts performed would produce the felony
more than a mere planning or preparation, which if as a consequence;

carried to its complete termination following its 3. But the felony is not produced;

natural course will logically and necessarily ripen

into a concrete offense.
4. By reason of causes independent of the will of
the perpetrator.

2. He does not perform all the acts of execution

which should produce the felony;
He must perform the last act necessary to produce
the crime. In attempted felony, he merely
3. The offender’s act is not stopped by his own commences the commission of a felony directed by
spontaneous desistance;
overt acts.

4. The non-performance of all acts of execution was In some cases, the stage of execution may be held
due to cause or accident other than his as frustrated because inflicted was mortal.

spontaneous desistance.

Frustrated homicide - when victim sustains a moral/

The external acts must have a direct connection life-threatening wound but he survives

with the crime intended to be committed by the

offender.
Attempted homicide - if the wound is not life-
threatening, or if there is no wound.

Indeterminate offense – is one where the purpose of

the offender in performing an act is not certain. Its What determines whether the injury is life
nature in relation to its objective is ambiguous.
threatening or not? -> The doctor’s testimony

The intention of the accused must be viewed from Consummated Felony - every crime has its own
the nature of the acts executed by him, and not elements which must all be present to constitute a
from his admission. Acts susceptible of double culpable violation of a precept of law.
interpretation, that is in favor and against the
accused, must not furnish grounds for attempted How to determine whether the crime is only
felonies.
attempted, or frustrated or consummated:

The law does not punish one who desists in a 1. The nature of the offense

crime’s actual commission/ It is not necessary that 2. The elements constituting the felony

the desistance be actuated by a good motive.

3. The manner of committing the same

The desistance should be made before all the acts Manner of committing the crime:
of execution are performed.

1. Formal crimes- consummated in one

The overt acts leading to the commission of the instant, no attempt.

offense are not punishable except when they are Slander and false testimony, sale of marijuana and
aimed directly at its execution, and therefore they other prohibited drugs

must have an immediate and necessary relation to

the offense.
2. Crimes consummated by mere attempt or
proposal by overt acts
When there is conspiracy, the rule is—the act of one - The mere attempt is a consummated felony.

is the act of all.

Flight to enemy’s country, corruption of minors

One who takes part in planning a criminal act but 3. Felony by omission
desists in the actual commission is exempt from
- There can be no attempted stage when the
criminal liability. The Code only requires that the
felony is by omission, because in this kind of
discontinuance of the crime comes from the person
felony, the offender does not execute acts.
who had begun it, and that he stops of his own free
He omits to perform acts which the law
will.

requires him to do.

In attempted felony, the offender never passes the 4. Crimes requiring the intervention of two
subjective phase of the offense.
persons to commit them are
Subjective Phase of the Offense - that portion of the consummated by mere agreement
acts constituting the crime, starting from the point Betting in sports crimes, corruption of public officer.

where the offender begins the commission of a There is no frustrated bribery.

crime to that point where he still has control over The offer made by one of the parties to constitute a
his acts, including their natural cause.
felony is an attempted felony is the offer is rejected.

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 5. Material crimes – there are three stages of When conspiracy is only a manner of committing
execution. criminal liability, it is not punishable as a separate
There is no attempted or frustrated impossible offense.

crime, because the acts performed by the offender The act of the defendants must show a common
are considered as constituting a consummated design. There must be unity of purpose in the
offense.
execution of the unlawful objective.

There is no frustrated rape. There is no attempted/

frustrated impossible crime.
Conspiracy arises on the very instant the plotters
agree, expressly or impliedly, to commit the felony
Art. 7. - Light felonies are punishable only when adn fortwith decide to pursue it. Once this assent is
they have been consummated, with the established, each and every one of the conspirators
exception of those committed against persons is made criminally liable for the crime committed by
or property. any one of them.

Light felonies:
Requisites of Conspiracy:
- Slight physical injuries (Art. 266)
1. That two or more persons came to an agreement

2. That the agreement concerned the commission

- Theft (Art. 309)
of a felony

- Alteration of boundary marks (Art. 313)

3. That the execution of the felony be decided upon

- Malicious mischief (Art. 328)

Punishable crimes for mere conspiracy (TCRIS)
1. Treason 4. Insurrection

- Intriguing against honor

2. Coup de tat 5. Sedition

Reason for the exception: the commission of 3. Rebellion

felonies against persons or property presupposes in Overt acts in the furtherance of the conspiracy:

the offender moral depravity.

1. Active participation in the crime itself

Art. 8. - Conspirary and proposal to commit 2. Lending moral assistance to his co-conspirators
felony are punishable only in cases in which the by being present at the commission of the crime

law specially provides a penalty therefor. 3. Exerting moral ascendancy on the other co-
conspirators

A conspiracy exists when two or more persons

come to an agreement concer ning the Requisites of Conspiracy (People vs Castillo)
commission of a felony and decide to commit it. 1. Singularity of intent

2. Unity in the execution of the unlawful objective

There is proposal when the person who has

2 Kinds of Conspiracy:

decided to commit a felony proposes its

execution to some other person or persons. 1. Direct or express - prior agreement or
preconceived plan & presence at the commission
General rule: Conspiracy and proposal are not of the crime; no presence is considered as
punishable
desistance.

Exception: They are punishable in cases in which General rule: Conspirators are liable only for the
the law specifically and specially provides a penalty crime agreed upon. They are not liable for any crime
thereof.
not agreed upon.

Exceptions:

Conspiracy and proposal to commit a crime are • When the other crime was committed in the
only preparatory acts and the law regards them as presence of the other conspirators and they did
innocent or at least permissible except in rare and not perform acts to prevent its commission

exceptional cases.

• When the other crime committed was the natural

Conspirary Proposal consequence of the crime agreed upon. AND
when the resulting crime is a composite crime or a
A bilateral act; there A unilateral act; only special complex crime or a single indivisible
must be at least two one person who complex crime.

persons who agreed to decides to commit the 2. Implied or inferred - deducted from the mode and
the commission of the felony is sufficient. manner of committing the crime. There is no
crime preconceived plan but the offenders acted
simultaneously in a synchronized manner and
In both instances, it is not necessary that there be coordinated manner in that their acts are
an overt act committed.
complimenting one another towards a common
criminal objective.

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In implied conspiracy, it is necessary that the Art. 9. - Grave felonies, less grave felonies and
offenders have a direct participation in the light felonies. Grave felonies are those to which
commission of the crime.
the law attaches the capital punishment or
The penalty between the conspirators is the same— penalties which in any of their periods are
the act of one is the act of all.
afflictive, in accordance with Art. 25 of this
Direct proof is not essential to establish conspiracy. Code.
It may be inferred from the collective acts of the
accused before, during and after the commission of Less grave felonies are those in which the law
the crime.
punishes with penalties which in their maximum
Conspiracy renders all the conspirators co- period are correctional, in accordance with the
principals regardless of the extent and character of abovementioned article.
their participation. The act of one is the act of all in
Light felonies are those infractions of law for the
contemplation of law.

commission of which the penalty of arresto

Quantum of proof required to establish conspiracy menor or a fine not exceeding P40,000 or both is
is proof beyond reasonable doubt. To establish
provided.
conspiracy, evidence of actual cooperation rather
than mere cognizance or approval of an illegal act is Grave Felonies Less Grave Light Felonies
required. This must be established by positive and Felonies
conclusive evidence. The mere presence of a Capital When the A penalty of
person at the scene of the crime does not make him punishment or penalty is arresto menor
a conspirator for conspiracy transcends afflictive composed of 2 or a fine not
companionship.
penalties or more exceeding 200
2 Kinds of Multiple Conspiracy: distinct pesos or both
1. Wheel or circle - exists when a single person or a penalties, the
group of persons known as a hub deals higher must be
individually with another person or a group of a correctional
persons known as spokes.
penalty
2. Chain - usually involving the distribution of Reclusion Prision Censure
narcotics; exists in which there is successive perpetua correccional
communication and cooperation the same way as Reclusion Arresto mayor
with legitimate business operations between temporal
manufacturer and wholesaler, then wholesaler Perpetual or Suspension
and retailer, and retailer and consumer.
temporary
absolute
Punishable crimes for mere proposal
disqualification
1. Treason 3. Rebellion
Perpetual or Destierro
temporary
2. Coup de tat 4. Insurrection
special
disqualification
Requisites of a proposal:
Prision mayor
1. That a person has decided to commit a felony

2. That he proposes its execution to some other Art. 10. - Offenses not subject to the provisions
person/s.
of this Code. Offenses which are or in the future
may be punishable under special laws are not
There is no criminal proposal when:
subject to the provisions of this Code. This Code
1. The person who proposes is not determined to shall be supplementary to such laws, unless the
commit the felony
latter should specifically provide the contrary.
2. There is no decided, concrete and formal The Revised Penal Code is not supplementary to
proposal
RA 9165 or the Comprehensive Dangerous Drugs
3. It is not the execution of a felony that is Act of 2002. Exception: If the offender is a minor,
proposed.
the RPC applies.

It is not necessary that the person to whom the

proposal is made agrees to commit treason or Special legal provisions prevail over general ones.
rebellion.
The RPC shall be supplementary to special laws,
unless the latter specifically provide the contrary.

The crimes in which conspiracy and proposal are

punishable are crimes against the security of the The RPC is not supplementary when the penalties
State or economic security.
under the special law are different from those under
the RPC.

11 of 49
Provisions on attempted and frustrated crimes 2. Anyone who acts in the defense of the person
cannot be subjected to offenses under special laws. or rights of his spouse, ascendants,
The special law has to fix penalties for attempted descendants, or legitimate, natural or adopted
and frustrated crimes.
brothers or sisters or of his relatives by affinity
Pertinent provisions of the RPC on accomplices in the same degrees, and those by
cannot be applied suppletorily to offenses under the consanguinity within the fourth civil degree,
SPL.
provided that the first and second requisites
prescribed in the preceding circumstance are
Mitigating and aggravating circumstances are not present, and the further requisite, in case the
applied to offenses punishable under SPL. The
provocation was given by the person attacked,
penalties proscribed by SPL are usually are
indeterminate and do not contain 3 periods (AFC)
that the one making the defense had no part
therein.
No accessory penalties may be imposed unless the
special law provides therefor.
3. Anyone who acts in defense of the person or
rights of a stranger, provided, that the first and
Where the special law adopted penalties from the second requisites mentioned in the first
RPC, the rules for graduating penalties by degrees circumstance are present and that the person
or determining the proper period should be applied. defending be not induced by revenge,
The indeterminate sentence law will apply just as it
resentment or other evil motive.
would in felonies.

Example: Illegal possession of firearms

4. Any person who, in order to avoid an evil or
injury, does an act which causes damage to
‘Supplementary’ means to supply what is lacking.
another, provided that the following requisites
are present:
Indemnity and subsidiary imprisonment in the RPC
may be applied to violation of the Motor Vehicle First. That the evil sought to be avoided actually
Law.
exists;
The suppletory application of the RPC finds Second. That the injury feared by greater than
relevance only when the provisions of the special
that done to avoid it;
law are silent on a particular matter.

Special laws amending the RPC are subject to its Third. That there be no other practical and less
provisions.
harmful means of preventing it.

Imputability - quality by which an act may be 5. Any person who acts in the fulfillment of a
ascribed to a person as its author/owner. It implies duty or or in the lawful exercise of a right or
that the act committed has been freely and office.
consciously done and may therefore be put down to
the doer as his very own.
6. Any person who acts in obedience to an order
issued by a superior for some lawful purpose.
Responsibility - the obligation of suffering the
consequences of the crime. It is the obligation of Justifying circumstances - those where the acts of
taking the penal and civil consequences of the the actor are in accordance with law, thus he incurs
crime. Guilt is an element for responsibility for a no criminal and civil liability. The offender admits to
man cannot be made to answer for the the commission of the crime, but invokes any of the
consequences of a crime unless he is guilty. acts amounting to justifying circumstance.

Art. 11. - Justifying Circumstances.- The The burden of proof is incumbent upon the accused
to prove the justifying circumstance claimed by him
following do not incur any criminal liability:
to the satisfaction of the court.

1. Anyone who acts in defense of his person or

1. SELF DEFENSE
rights, provided that the following
circumstances concur: Defendant’s duty is to establish it by clear and
convincing evidence; otherwise, conviction would
First. Unlawful aggression; follow from his admission that he killed the victim.

Second. Reasonable necessity of the means He must rely on the strength of his own evidence
employed to prevent or repel it; and not the weakness of that for the prosecution.

Third. Lack of sufficient provocation on the part It is impossible for the State to prevent aggression
of the person defending himself. upon its citizens and offer protection to the person
unjustly attacked. Man’s natural instinct to protect,

12 of 49
repel and save his person or rights from impending A public officer exceeding his authority may
danger or peril (impulse of self-preservation) is become an unlawful aggressor.

given much credence.

The location, number and seriousness of the

Requisites for Self-defense wounds inflicted by the injured party may belie
claim of self-defense.

1. UNLAWFUL AGGRESSION - indispensable

requisite; there can be no self-defense if the The improbability of the deceased being an
victim had not committed an unlawful aggression. aggressor belies the claim of self-defense. Example:
If there is no unlawful aggression, there would be A sexagenarian assaulting a 24 year old armed with
nothing to prevent or repel.
a gun and bolo is considered improbable.

The fulfillment of a duty or the exercise of a right in A physical fact may determine whether the accused
a more or less violent manner may be an acted in self-defense.

aggression, but it is lawful.

When an aggressor flees, unlawful aggression no

Under Art. 429 of the NCC (Doctrine of Self Help), a longer exists. But if the retreat’s purpose is to take a
person may use force or violence to protect his more advantageous position to insure the success
property; and if in protecting his property such of the attack, the unlawful aggression is still
person uses force to prevent its being taken by considered as continuing.

another, the owner of the property is not an unlawful

En-pari delicto - There is no unlawful aggression
aggressor because he is merely exercising a right.

when there is agreement to fight. The challenge to

There is an unlawful aggression when the peril to fight must, of course, be accepted. Exception:
one’s life, limb or right is either actual or imminent. Aggression which is ahead of the stipulated time
There must be an actual or physical assault upon a and place if unlawful.

person or at least a threat to inflict injury.

There is self-defense even if the aggressor used a

—> In case of threat, the same must be offensive toy-pistol, provided that the accused believed that it
and positively strong showing the wrongful intent to was a real gun. (The toy gun must have at least a
cause an injury.
strikingly similar resemblance to a real gun.)

There must be an actual physical force or actual use The aggression must be real and not imaginary. An
of weapon. Insulting words, no matter how aggression that is expected is real provided that it is
objectionable, without physical assault could not imminent.

constitute unlawful aggression.

2. REASONABLE NECESSITY OF THE MEANS

A slap on the face constitutes unlawful aggression EMPLOYED - depends on the existence of the
since the face represents a person and his dignity. It unlawful aggression and the nature and extent of
is a physical assault coupled with a willfull the aggression. This is circumstantial.

disregard, nay a defiance of an individual’s

personality.
When only minor physical injuries are inflicted after
unlawful aggression has ceased to exist, there is
Mere belief of an impending attack is not sufficient. still self-defense if mortal wounds were inflicted at
Neither is an intimidating or threatening attitude.
the time the requisites of self-defense were present.

A playful kick at the foot by way of greeting The person defending is not expected to control his
between friends is not a serious or real attack on a blow as long as the blows were inflicted at a time
person’s safety.
when the elements of complete self-defense are still
present.

Retaliation is not self-defense. In retaliation, the

aggression that was begun by the inured party What the law requires is rational equivalence in the
already ceased to exist when the accused attacked consideration of which will enter as principal factors
him. In self-defense, the aggression was still the emergency, imminent danger to which the
existing when the aggressor was injured or disabled person attacked is exposed and the instinct that
by the person making the defense.
impels the defense and proportionateness does not
depend upon the harm done, but rests upon the
When the unlawful aggression ceases, the imminent danger of such injury.

defendant no longer has the right to kill or even

wound the former aggressor.
Reasonable necessity of means employed to
prevent/repel unlawful aggression is to be liberally
The attack made by the deceased and the killing of construed in favor of law-abiding citizens.

the deceased by the defendant should succeed

each other without appreciable interval of time. The 3. LACK OF SUFFICIENT PROVOCATION ON THE
accused must have no time nor occassion for PART OF THE ACCUSED - the one defending
deliberation or cool thinking.
himself must not have given cause for the
13 of 49
 aggression by his unjust conduct or provoking The defense of fulfillment of duty cannot be availed
the assailant
of in illegal performance of duty.

The provocation must be sufficient, which means 6. LAWFUL EXERCISE OF RIGHT/OFFICE

that it should be proportionate to the act of
aggression and adequate to stir the aggressor to its —> May require force as may be reasonably
commission.
necessary to prevent or repel an actual or
threatened unlawful physical invasion or usurpation
Engaging in a verbal altercation is not sufficient of his property.

provocation.

The actual invasion of property may consist of a

Provocation by the person defending himself that is mere disturbance of possession or of real
not proximate and immediate to the aggression can dispossession.

still constitute self-defense.

7. OBEDIENCE TO AN ISSUE ORDERED FOR
2. DEFENSE OF A RELATIVE SOME LAWFUL PURPOSE
Requisites: Both the person who gives the order and the person
who executes it must be acting within the
1. Unlawful aggression
limitations prescribed by law.

2. Reasonable necessity of the means employed

3. In case the provocation was given by the person When the order is not for a lawful purpose, the
attacked, the one making the defense had no subordinate who obeyed it is criminally liable.

part therein.
When the subordinate is not aware of the illegality
Unlawful aggression can be made to depend upon of the order and he is not negligent, he may not be
the honest belief of the one making a defense held liable.

(Mistake of Fact)

The reasonableness of the means adopted is not

one of mathematical calculation or material Art.12. Exempting Circumstances
commensurability between the means of attack and There is a crime committed but no criminal liability
the defense but the imminent danger against the arises. - complete absence of any of the conditions
subject of the attack.
which constitute free will or voluntariness of the act.

The defendant must be prompted by some noble or

generous sentiment in protecting and saving a Burden of proof - The same must be defended by
relative, and not motivated by revenge, resentment, the defendant to the satisfaction of the court.

or evil motive.

1. An imbecile or an insane person, unless the

3. DEFENSE OF A STRANGER latter has acted during a lucid interval
Requisites:

Imbecility - exempt in all cases from criminal

1. Unlawful aggression
liability; has a mental development comparable to
2. Reasonable necessity of the means employed
that of children between 2-7 years of age

3. The person defending be not induced by Insanity - not exempt when he acts in a lucid
revenge, resentment or evil motive.
interval

- The court shall order his confinement in one of

4. AVOIDANCE OF GREATER EVIL OR INJURY the hospitals or asylums established for persons
—> incurs civil liability
afflicted which he shall not be permitted to leave
without first obtaining permission from the same
—> injury to persons and damage to property
court

Persons for whose benefit the harm has been In insanity , there must be:
prevented shall be civilly liable in proportion to the a. A complete deprivation of intelligence

benefit which they may have received.

b. A total deprivation of the freedom of the will

5. FULFILLMENT OF A DUTY The mere abnormality of mental faculties is not

enough, especially if the offender has not lost
Shooting of prisoner by a guard must be in self- consciousness of his acts. - Mitigating
defense or be absolutely necessary to avoid his circumstance

escape.

Presumption is always in favor of sanity. To prove

Shooting an offender who refused to surrender is insanity, circumstantial evidence, if clear and
justified, but shooting a thief who refused to be convincing, will suffice.

arrested is not justified.

14 of 49
 5. Any person who acts under the compulsion of
If the person becomes insane during the trial, the an irresistible force
trial will be suspended until the mental capacity of
the accused be restored to afford him a fair trial.
a. that the compulsion is by means of physical
force

Dementia praecox - irresistible homicidal impulse

b. that the physical force must be irresistible

Schizophrenia - most common form of psychosis

c. that the physical force must come from a third
Kleptomania - must lose consciousness of his acts
person

Epilepsy - chronic nervous disease

Feeblemindedness - not imbecility because the Irresistible force can never consist in an impulse or
offender can distinguish right from wrong.
passion because it must come from an extraneous
Pedophilia - not insanity because the subject could force coming from a third person. It must reduce the
still distinguish right from wrong
actor to a mere instrument who acts not only
Amnesia - not a proof of mental condition of the without his will but against his will. A threat of future
accused unless it is shown that he was not aware of injury is not enough.

the nature and quality of his action and that it was

wrong.
6. Any person who acts under the impulse of an
Sleepwalking - insanity
uncontrollable fear of an equal or greater injury
Hypnotism - still debatable

Malignant malaria - insanity because illness affects

The compulsion is by means of intimidation or
the nervous system

threat and not force or violence.

2. A person under 15 years of age a. existence of an uncontrollable fear

RA. 9344 - Juvenile Justice and Welfare Act of 2006

b. the fear must be real and imminent

c. the fear of an injury is greater or at least equal to

3. Above 15 years of age but below 18 years of that committed.

age Duress should be based on real, imminent or

reasonable fear for one’s life or limb and should not
He shall be subjected to an intervention program be speculative, fanciful or remote fear.

unless he acted with discernment, in which case,

such minor shall be proceeded against in An act done by me against my will is not my act.

accordance with the provisions of Art. 80

7. Any persons who fails to perform an act

Discernment - the ability of the child to understand required by law, when prevented by some lawful
the moral and psychological components of or insuperable cause.
criminal responsibility and the consequences of the
wrongful act.
- he acts without intent, the third condition of
voluntariness in intentional felony.

a. Manner of committing the crime

Absolutory causes - those where the act

b. Conduct of the offender
committed is a crime but for reasons of public
policy and sentiment, there is no penalty imposed.

4. Any person who, while performing a lawful act

with due care, causes an injury by mere accident Entrapment -ways and means are resorted to for
without fault or intention of causing it the purpose of trapping and capturing the
lawbreaker in the execution of his criminal plan. -
Striking another with a gun in self-defense, even if not exempted

he fired and seriously injured the assailant is a

lawful act.
Instigation - practically induces the would-be
accused into the commission of the offense and
Accident - something that happens outside the himself becomes a co-principal - exempted

sway of our will, and although it comes about

through some act of our will, lies beyond the Art. 13. - Mitigating Circumstances
bounds of humanly forseeable consequences.

If the consequences are forseeable - negligence

1. When all the requisites necessary to justify

Negligence - is the failure to observe that degree of the act or exempt from criminal liability in the
care, precaution and vigilance which the respective cases are not attendant
circumstances justly demand without which such
other person suffers injury.
Incomplete self-defense, defense of relatives and
defense of strangers. - unlawful aggression must be
present. -> entitlement to a privileged mitigating

15 of 49
circumstance because majority of the conditions This aggravating circumstance is not present when
required to justify the act is present. Ex. reasonable a Cogressman offered resistance to a peace officer
necessity is absent
in a gambling house for the reason being that he did
not take advantage of the influence or reputation of
2. That the offender is under eighteen years of his office.

age or over seventy years.

It is present when a councilor collects fines and
3. That the offender had no intention to commit misappropriates them.

so grave a wrong as that committed

When a public officer commits a common crime
independent of his official functions and does acts
4. That sufficient provocation or threat on the that are not connected with the duties of his office,
part of the offended party immediately preceded he should be punished as a private individual
the act without this aggravating circumstance.

5. That the act was committed in the immediate Wearing a police uniform is immaterial in some
vindication of a grave offense to the one cases. - Although there is evidence that he was in
committing the felony, his spouse, ascendants, civilian clothes at that time, it is nonetheless
descendants, legitimate, natural or adopted obvious that knowing that the offended party was
brothers or sisters or relatives by affinity within aware of his being a policeman, and sought to
the same degrees. impose his authority as such, the aggravating
circumstance stands.

6. That of having acted upon an impulse so It is not aggravating when it is an integral element
powerful as naturally to have produced passion of, or inherent in, the offense. - malversation of
or obfuscation funds, falsification of documents committed by
public officers.

7. That the offender had voluntarily surrendered

himself to a person in authority or his agents, or It is not aggravating if accused could have
that he had voluntarily confessed his guilt before perpetrated the crime without occupying police
the court prior to the presentation of the position. - no abuse of position in this case.

evidence for the prosecution

2. That the crime be committed in contempt or
8. That the offender is deaf and dumb, blind or of with insult to the public authorities.
otherwise suffering some physical defect which
thus restricts his means of action, defense, or Requisites:

communication with his fellow beings.

a. That the public authority is engaged in the
exercise of his functions
9. Such illness of the offender as would diminish
the exercise of the willpower of the offender
Public authority - one who is directly vested with
without however depriving him of the jurisdiction, that is, a public officer who has the
consciousness of his acts power to govern and execute the laws. - Councilor,
mayor, governor, barangay captain and chairman
Art. 14. - Aggravating Circumstances - must be
alleged in the information in order to be This circumstance is not applicable when crime is
appreciated.
committed in the presence of an agent only. A chief
of police of a town is not a public authority but an
If not alleged, they may still be considered in the agent of the authorities.

award for damages, although the aggravating

circumstances cannot be appreciated for the b. That he who is thus engaged in the exercise
purpose of fixing a heavier penalty.
of said functions is not the person against
whom the crime is committed
1. That advantage be taken by the offender of
his public position. The offender commits direct assault because it is
not a crime committed in contempt of or with insult
The officer must use the influence, prestige or to him, but a crime directly committed against him.

ascendancy which his office gives him as a means

by which he realizes his purpose. - Did the accused c. The offender knows him to be a public
abuse his office in order to commit the crime?
authority

16 of 49
Knowledge that a public authority is present is
essential. The lack thereof indicates a lack of a. The abuse of confidence which the offended
intention to insult the public authority.
party reposed in the offender by opening the
door to him

d. His presence has not prevented the offender b. The violation of the sanctity of the home by
from committing the criminal act. trespassing therein with violence or against the
will of the owner.

When made known to the offender, should not The offended party must not give provocation to the
prevent the latter from committing the criminal act.
offender. When it is the offended party who has
provoked the incident, he loses his right to the
3. That the act be committed with insult or in respect and consideration due him in his own
disregard of the respect due the offended house.

party on account of his rank, age or sex or

that it be committed in the dwelling of the The provocation must be:
offended party, if the latter has not given
a. Given by the owner of the dwelling

provocation.
b. Sufficient

c. Immediate to the commission of the crime

This is applicable only to crimes against persons or

honor. Ex. The mere fact that the thing robbed There must be close relation between provocation
belong to the President does not make it more and commission of crime in the dwelling.
valuable than the things belonging to a private Otherwise, it is an aggravating circumstance.
person.
Because the provocation is not immediate, dwelling
is not aggravating.

It is not proper to consider this in crimes against

property.
Dwelling is not aggravating when the owner gave
immediate provocation.

It is necessary to prove the specific fact or

circumstance, other than the fact that the victim is a Even if the offender did not enter the dwelling, the
woman, showing insult or disregard of sex in order aggravating circumstance applies. Even if the killing
that it may be considered aggravating.
took place outside the dwelling, it is aggravating
provided that the commission of the crime began in
One must manifest any specific insult or the dwelling.

disrespected towards a woman’s sex in order for it

to be aggravating.
Dwelling is aggravating in abduction or illegal
detention.

Not applicable when:

Where the deceased had two houses where he
a. the offender acted with passion and used to live, the commission of the crime in any of
obfuscation - he could not have been them is attended by the aggravating circumstance
conscious that his act was done with disrespect of dwelling.

to the offended party.

Dwelling is not aggravating:

b. there exists a relationship between the
offended party and the offender. a. When both offender and offended party are
- husband & wife, employer & laborer
occupants of the same house

c. when the condition of being a woman is b. When the robbery is committed by use of force
indispensable in the commission of the crime. upon things, dwelling is not aggravating
- parricide, rape, abduction or seduction - sex is because it is inherent.

not aggravating.

Dwelling is aggravating in robbery with violence

Disregard of sex is absorbed in treachery. against or intimidation of persons because this
Treachery refers to the manner of the commission of class of robbery can be committed without the
the crime, while disregard of sex pertains to the necessity of trespassing the sanctity of the
relationship of the victim.
offender’s home.

That the crime be committed in the dwelling of Dwelling is aggravating in robbery with homicide.

the offended party. - because of the sanctity of

privacy the law accords to human abode, one’s c. In the crime of trespass to dwelling, it is inherent
dwelling is a sanctuary worthy of respect.
or included by law in defining the crime.

17 of 49
 d. qualified seduction

d. When the owner of the dwelling gave sufficient

and immediate provocation.
Ungratefulness must be obvious, manifest and
clear.

e, When the dwelling where the crime was

committed did not belong to the offended party.
5. That the crime be committed in the place of
the Chief Executive, or in his presence, or
f. When the rape was committed in the ground floor where public authorities are engaged in the
or a two-story structure, the lower floor being used discharged of their duties or in a place
as a video rental store and not as a private place of dedicated to religious worship.
abode or residence.

The public officers must be in their office and may

g. When the paramour also lives in the house.

be the offended party. The crime must be

Dwelling is aggravating if both the defendants and
committed where they are engage to discharge their
the offended party live in the same house.-> abuse
duties.

of confidence.

If the court had already adjourned when the crime

Dwelling is not included in treachery.

was committed and the attack was made in the

adjoining room and not in the very court, it is not
4. That the act be committed with abuse of aggravating.

confidence or obvious ungratefulness.

The offender must have the intention to commit the
- exists only when the offended party has trusted crime when he entered the place.

the offender who later abuses such trust by

committing the crime. The abuse of confidence 6. That the crime be committed in the nighttime
must be a means of facilitating the commission of
or in an uninhabited place, or by a band,
the crime, the culprit taking advantage of the
offended party’s belief that the former will not whenever such circumstances may facilitate
abuse said confidence.
the commission of the offense.

Requisites: Whenever more than three armed malefactors

shall have acted together in the commission of
a. That the offended party trusted the offender
an offense, it shall be deemed to have been
b. That the offender abused such trust by committed by a band.
committing a crime against the offended party

c. That the abuse of confidence facilitated the When aggravating:

commission of the crime.

a. When it facilitated the commission of the crime

There is no abuse of confidence in attempted rape b. When especially sought for by the offender to
where on the day of the crime, the accused was in insure the commission of the crime or for the
the company of the offended girl, not because of purpose of impunity

her confidence in him, but because they were c. When the offender took advantage thereof for
partners in a certain business.
the purpose of impunity.

Special relation of confidence not aggravating. - If it appears that the accused took advantage of the
where the deceased and the abused happened to darkness for the more successful consummation of
be together because the former invited the latter his plans, to prevent his being recognized and that
nightclubbing and to bring with him the money the the crime may be perpetrated unmolested, the
latter owed the former.
aggravating circumstance should apply.

Betrayal of confidence is not aggravating.

It is not aggravating when the notion to commit the
crime was conceived only shortly before its
The confidence between the offender and the commission.

offened party must br immediate and personal.

Where the darkness of the night was merely

Abuse of confidence is inherent in some cases, incidental to the collision between two vehicles,
therefore not aggravating: nighttime is not aggravating.

a. malversation of funds
It is not aggravating when the crime began at
b. qualified theft
daytime. The commission of the crime must begin
c. estafa by conversion or misappropriation

18 of 49
and finish in nighttime and in the darkness of the
night.
A recidivist is one who, at the time of his trial for
one crime, shall have been previously convicted
When the place is illuminated by light, nighttime is by final judgment of another crime embraced in
not aggravating.
the same title of this Code.
The lighting of a matchstick or use of flashlights
Requisites:

does not negate the aggravating circumstance of

nighttime.

a. That the offender is on trial for an offense

b. That he was previously convictted by final

Uninhabited place. - should not be determined by judgment of another crime

the distance of the nearest house to the scene of c. That both the first and the second offenses are
the crime, but whether or not in the place of the embraced in the same title of this code

commission of the offense there was a reasonable d. That the offender is convicted of the new
possibility of the victim receiving some help. It is the offense

nature of the place which is decisive.

Pardon does not obliterate the fact that the accused

It must appear that the accused sought the solitude
was a recidivist; but amnesty extinguishes the
of the place in order to better attain his purpose.

penalty and its effects.

Band - four armed men must act together in the There is recidivism even if the lapse of time
commission of the crime.
between the two felonies is more than 10 years.

If one of the four armed men is a principal by

inducement, they do not form a band.
10. That the offender has been previously
- aggravating in crimes against property and punished for an offense to which the law
persons but not applicable to crimes against attaches an equal or greater penalty or for two
chastity.
more crimes to which it attaches a lighter
penalty.
7. That the crime be committed on the occasion
of a conflagration, shipwreck, earthquake, Requisites:

epidemic or other calamity or misfortune.

a. That the accused is on trial for an offense

The offender must take advantage of the calamity b. That he previously served sentence for another
or misfortune. Chaotic conditions after liberation is offense to which the law attaches an equal or
not included.
greater penalty, or for two or more crimes to
which it attaches lighter penalties than that for
8. That the crime be committed with the aid of the new offense

c. That he is convicted of the new offense.

armed men or persons who insure or afford

impunity. Penalty attached to the offense and not the penalty
actually imposed.

Requisites:

Reiteracion or Habituality- it is necessary that the

a. That armed men or persons took part in the offender shall have served out his sentence for the
commission of the crime directly or indirectly
first offense, and the previous and subsequent
b. That the accused availed himself of their aid or offenses must not be in the same title of the Code.

relied upon them when the crime was

committed.
Quasi- recidivism - any person who shall commit a
felony after having been convicted by final
The casual presence of armed men does not judgment before beginning to serve such sentence
constitute an aggravating circumstance.
or while serving the same.

Not considered when:

a. both the attacking party and party attacked

where equally armed
11. That the crime be committed in
b. when the accused as well as those who consideration of a price, reward or promise.
cooperated with him in the commission of the
crme acted under the same plan and for the If the price, reward or promise, as a circumstance,
same purpose
is present in the killing of a person, it is not
considered as a generic aggravating circumstance
9. That the accused is a recidivist.
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but a qualifying aggravating circumstance. (Ex. Requisites

Murder)
1. The time when the offender determined to
commit the crime

This aggravating circumstance should be 2. An act manifestly indicating that the culprit has
considered both against the person who made the cling to his determination

offer and the person who accepted the price, 3. S u ffi c i e n t l a p s e o f t i m e b e t w e e n t h e

reward or promise. Therefore, it is to be considered determination and execution, to allow him to
both against the principal by inducement and the reflect upon the consequences of his act and to
principal by direct participation.
allow his conscience to overcome the resolution
of his will.

To be considered against the principal by

inducement, it is necessary that the price, reward or The premeditation must be based from external
promise must be the prime reason for the principal acts and not presumed from the mere lapse of time.
by direct participation to commit the crime; that Mere threats without the second requisite does not
without the price, reward or promise, the principal show evident premeditation.

by direct participation would not have committed

the crime.
The existence of ill-feeling or grudge alone is not
proof of evident premeditation. The circumstance is
12. That the crime be committed by means of not present when there is no evidence as to the
inundation, fire, poison, explosion, stranding of a time the defendant decided to kill the victim.

vessel or intentional damage thereto, derailment

The qualifying aggravating circumstance is
of a locomotive, or by use of any other artifice
established only if it is proved that the defendant
involving great waste and ruin. had deliberately planned to commit the crime and
had persistently and continuously followed it,
The offender makes use of inundation, fire, or notwithstanding that he had ample time to allow his
explosion in order to commit the crime. It is a conscience to overcome the determination of his
means to commit the crime.
will, if he had so desired, after meditation and
reflection.

If these means are used in killing a person, it is not

a generic AC but a qualifying AC. It qualifies the Conspiracy generally presupposes premeditation.
killing to murder.
Evident premeditation and price or reward can co-
exist.

When there is no actual design to kill a person in

burning a house = plan arson
Evident premeditation is not aggravating when the
victim is different from that intended. Exception:
Note: Fire, explosion, and derailment of a When it is shown that the conspirators were
locomotive may be part of the definition of the determined to kill not only the intended victim but
crime—
also anyone who may put up a violent resistance.

• Arson (Art. 320)

Evident premeditation, while inherent in robbery,
• Crime involving destruction (Art. 324)
may be aggravating in robbery with homicide if the
• Damages and obstruction to means of premeditation included the killing of the victim.

communication (Art. 330)

14. That craft, fraud or disguise be employed.

13. That the crime be committed with evident
premeditation. Craft- involves the use intellectual trickery or
cunning resorted to by the accused

Evident premeditation - It is the stubborn adherence

to a decision to commit the crime. It implies a Intellectual or mental, rather than the physical
deliberate plan on the part of the offender; that he means to which the criminal resorts to carry out his
committed the crime with cool thought and design.

reflection.
When craft partakes of an element of an offense,
The essence or premeditation is that the execution the same may not be appreciated independently for
of the criminal act must be preceded by cool the purpose of aggravation.

thought and reflection upon the resolution to carry

out the criminal intent during the space of time Fraud - Deceit; it is manifested by the use of
sufficient to arrive at a calm judgment.
insidious words or machinations resorted to by the
accused so that the offended party will perform an
Note: Premeditation must be evident and not merely act that will make the offender do the crime easily.

suspected.

20 of 49
 Craft Fraud • It is applicable only to crimes against persons,
and sometimes persons and property such as
The act of the accused Direct inducement by robbery with physical injuries/homicide

was done in order not to words and machinations

arouse the suspicion of 16. That the act be committed with treachery
the victim (alevosia). There is treachery when the offender
commits any of the crimes against the person,
Disguise - Ways and means resorted to by the employing means, methods, or forms in the
accused to conceal his identity. Example: execution thereof which tend directly and
stockings, bonnet or anything that could be used so specially to insure its execution, without risk to
that he could not be recognized.
himself arising from the defense which the
offended party might make.
If despite the disguise, the person is recognized, it
is not aggravating.
Rules

1. Applicable only to crimes against the person

15. That advantage be taken of superior strength 2. Means, methods or forms need not insure
or means be employed to weaken the defense accomplishment of crime

3. Mode of attack must be consciously adopted

Abuse of superior strength - to use purposely

excessive force out of proportion to the means of The treacherous character of the means employed
defense available to the person attacked.
in the aggression does not depend on the result but
upon the means itself.

Requisites:

1. That there be a notorious inequality of forces Elements

between the offender and the offended party in 1. That the offender deliberately adopted the
terms of their age, size and strength;
particular means, method or form of attack
2. That the offender took advantage of this employed by him

inequality of forces to facilitate the commission 2. That at the time of the attack, the victim was not
of the crime
in a position to defend himself.

Important notes:
The essence of treachery is the suddenness and
unexpectedness of the act to an unexpecting and
• No abuse of superior strength in parricide against unarmed victim who has not even given the
wife
slightest provocation. The victim must be totally
• Evidence of relative physical strength necessary
without defense.

• Number of aggressors, if armed, may point to

abuse of superior strength
If the victim was able to put up any defense, no
• There is abuse of superior strength when weapon matter how minor, treachery is not present.

is used out of proportion to the defense available

to the offended party.
Even if it was a frontal attack, if it was so sudden
• When there is an allegation of treachery, superior and unexpected such that the offended party would
strength is absorbed.
not be aware of it and was not able to put up any
• There is no abuse of superior strength when one defense, there is still treachery.

acted as principal and other two as accomplices.

• Abuse of superior strength is aggravating in Whenever the offended party is a minor, there is
coercion and forcible abduction when greatly in always treachery because the minor is presumed by
excess of that required to commit the offense.
law to be defenseless.

• Abuse of superior strength absorbs cuadrilla.

(band)
If the decision to kill was sudden, there is no
treachery even if the position of the victim was
Inequality of the forces includes the following:
vulnerable because it was not deliberately sought
• Offender uses weapon to take advantage
by the accused, but was purely accidental.

• Numerical superiority
Attacks showing intent to eliminate risk

• Difference in physical characteristics such as age, • Victim asleep

strength and size

• Victim half-awake or just awakened

• Victim grappling or being held

Means employed to weaken defense

• Victims were having lunch - rival fraternity men

• intoxicating the victim to materially weaken the • Attacked from behind with a firearm, bladed
latter’s resisting power
weapon, other modes of armed attack

• If the state of intoxication is such that the victim

cannot put up any sort of defense, it is treachery.

21 of 49
In treachery, it makes no difference whether or not Unlawful entry is inherent in robbery; aggravating in
the victim was the same person whom the accused murder and theft.

intended to kill.

Unlawful entry is not aggravating in trespass to

Treachery absorbs abuse of superior strength, aid dwelling as it is not an element of the crime.

or armed men, by a band means to weaken

defense, nighttime, craft, disregard of age and sex.
Note: The entrance should not be broken.

Treachery, evident premeditation and abuse of 19. That as a means to the commission of the
superior strength inherent in treason.
crime a wall, roof, floor, door or window be
broken.
Nighttime is inherent in treachery because it forms
part of the peculiar treacherous manner and means It is not necessary that the offender should have
adopted to insure the execution of the crime.
entered the building. What aggravates the liability of
the offender is the breaking of a part of the building
Dwelling is not included in treachery.
as a means to commit the crime.

Treachery cannot co-exist with passion or The breaking of the shutters and the framing of the
obfuscation. One who loses his reason and self- door is not aggravating.

control could not deliberately employ a particular

means, method or form of attack in the execution of It must be to effect entrance only. Exception:
a crime.
Warrantless arrests; searches

Treachery is inherent in murder by poisoning.

20. That the crime be committed with the aid of

17. That means be employed or circumstances
persons under fifteen years of age or by means
brought about which add ignominy to the natural
of motor vehicles, motorized watercraft,
effects of the act.
airships, or other similar means.
Ignominy - a circumstance which pertaining to the
moral order which adds disgrace and onliquy to the If the crime committed makes use of minors under
material injury suffered by the victim. It is essentially 15 years of age, it shows the greater perversity of
humiliation and embarrassment.
the offender because he knows that minors cannot
be arrested. Persons belong 15 years of age cannot
Ignomy is applicable to crimes against chastity, less be prosecuted (exempting).

serious physical injuries, light or grave coercion and

murder.
If the crime is committed with the use of motor
vehicles in killing a person, it is a qualifying AC
The means employed or the circumstances brought under Art. 248. If the motor vehicle is used in the
about must tend to make the effects of the crime commission of any other crime, it is a mere generic
more humiliating or to put the offended party to AC.

shame.

The use of motor vehicles is aggravating in order to

It is incorrect to appreciate ignominy where the counteract the great facilities found by modern
victim was already dead when his body was criminals in said means to commit the crime and
dismembered.
flee and abscond once the same is committed. It is
aggravating even if used as a means of flight.

No ignominy when a man is killed in the presence of

his wife.
If the use of the motor vehicle is merely incidental, it
is not aggravating.

Rape is ignominy in robbery with homicide.

21. That the wrong done in the commission of

18. That the crime be committed after an the crime be deliberately augmented by causing
unlawful entry. There is an unlawful entry when other wrong not necessary for its commissions.
an entrance is effected by a way not intended for
the purpose. Cruelty - when the offender enjoys and delights in
making his victim suffer slowly and gradually,
causing him unnecessary physical pain in the
Unlawful entry - when an entrance is effected by a
consummation of the criminal act.

way not intended for the purpose.

It must be intended to prolong the suffering of the

*Must be to effect entrance, and not for escape.

victim, causing him unnecessary moral and physical

pain,

22 of 49
 when the offender has committed a felony in a
Elements:
state of intoxication, if the same is not habitual
1. That the injury caused be deliberately by or subsequent to the plan to commit said felony
causing other wrong
but when the intoxication is habitual or
2. That the other wrong be unnecessary for the intentional, it shall be considered as an
execution of the purpose of the offender.
aggravating circumstance.
Note: The victim must be alive because a corpse
cannot feel pain. Cruelty cannot be presumed.

Alternative circumstances - are those

circumstances which can either be aggravating or
There is cruelty when the series of acts causing
mitigating, depending on their effects in the
unnecessary sufferings of the victim took place in
commission of the crime.

rapid succession.

Cruelty is not appreciated when defense wounds 1. Relationship

exist. The plurality of wounds alone does not show
cruelty.
It is mitigating generally under the crimes against
property (such as robbery, brigandage, occupation
of real property, fruadulent insolvency, arson).

Ignominy Cruelty
In theft, swindling and malicious mischief,
Victim suffered moral pain Victim suffered physical relationship is an absolutory cause. A relative who
pain commits the same will only be civilly liable if the
Victim may be either alive Necessary that the victim offender and offended party are living together. He
or dead be alive is not criminally liable because of Art. 332.

Relationship is mitigating in crimes against persons

Special Aggravating Circumstances
when:

• the offender is of a higher degree than that of the

The use of an unlicensed firearm in homicide or offended party

murder is considered as aggravating. (Sec. 1 of P.D. • the crime committed is less physical injuries or
1866 as amended by R.A. 8294) If the use of slight physical injuries

unlicensed firearms is inherent in the crime

committed, it shall not constitute another offense Relationship is aggravating if the crime committed
but will be considered a special aggravating is serious physical injuries and the offender is of a
circumstance.
lower degree than that of the offended party.
Relationship is likewise aggravating if the offender
Under Sec. 25 of R.A. 9165, when a crime is and offended party are relatives of the same level.

committed by an offender under the influence of

dangerous drugs, such shall be considered a Relationship is inherent in parricide.

qualifying aggravating circumstance. It shall bring

about change in the nature of the crime to a more When the crime against persons is homicide or
serious crime with a higher penalty.
murder, relationship is aggravating if the relationship
is not by blood and therefore not parricide. It is
Art. 15. Alternative Circumstances, their aggravating even if the victim is a relative of a lower
concept. — Alternative circumstances are those degree of the offender such a stepmother killing a
which must be taken into consideration as stepdaughter.

aggravating or mitigating according to the

nature and effects of the crime and the other Relationship is always aggravating in crimes against
conditions attending its commission. They are chastity, regardless of whether the victim is of
the relationship, intoxication and degree of higher or lower degree of the offended party.

instruction or education of the offender.

2. Intoxication
The alternative circumstance of relationship
Intoxication is when the offender has taken such
shall be taken into consideration when the amount of liquor of sufficient quantity as to affect
offended party is the spouse, ascendant, his capability to appreciate or affect his mental
descendant, legitimate, natural or adopted capacity to determine the consequences of his act.

brother or sister, or relative by affinity in the

same degrees of the offender. It is mitigating if it is not habitual or not intentional
subsequent to the plan to commit the felony.

The intoxication of the offender shall be taken

into consideration as a mitigating circumstance
23 of 49
It is aggravating if it is habitual or intentional
subsequent to the plan to commit the crime.
The following are criminally liable for light
felonies:
3. Degree of Instruction and Education 1. Principals
2. Accomplices
Low degree of instruction and education

Accessories are not liable for light felonies because

GR: A low degree of education or instruction is in their commission, the social wrong as well as the
considered as a mitigating circumstance.
individual prejudice is so small that penal sanction
is deemed not necessary for accessories.

XPN: If the crime committed is inherently evil or

wrong.
Rules relative to light felonies:

High degree of instruction and education

1. Light felonies are punishable only when they
GR: It is considered an aggravating circumstance if have been consummated. (Art. 7)

the offender made use of his high degree of 2. When light felonies are committed against
education in facilitating the commission of the persons or property, they are punishable even if
crime.
they are only in the attempted or frustrated
stage of execution

Absolutory Causes and Extenuating 3. Only principals and accomplices are liable for
Circumstances light felonies (Art.16)

4. Accessories are not liable for light felonies, even

Absolutory causes - are those circumstances which if they are committed against persons or
have the effect of exempting a person from criminal property (Art. 16)

liability but which are outside Art. 12.

Art. 16 enumerates the active subjects of the crime

Examples: Mistake of fact, instigation, attempted (the criminal). Passive subjects refer to the holders
stage in accessories, desistance in the attempted of the injured right; the man, the juristic person, the
stage
group and the State.

Extenuating circumstances - have the same effect Only natural persons can be the active subject of
as mitigating circumstances but are not included in crime because of the highly personal nature of
Art. 13. Their effect is to lower the imposable criminal responsibility.

penalty.

- The RPC requires that the culprit should have

Instigation as absolutory cause acted with personal malice or negligence. An
artificial or juridical person cannot act with malice
There is instigation where the mens rea or the or negligence.

criminal intent originated from the mind of the - A juridical person, like a corporation, cannot
public officer who only lured the offender to commit commit a crime in which a willful purpose or
the crime in order for him to have someone to arrest malicious intent is required.

and prosecute.
- There is substitution of deprivation of liberty
(subsidiary imprisonment) for pecuniary penalties
Since the criminal intent originated from the public in case of insolvency of the accused.

officer, the offender, by reason of public policy, is - Other penalties consisting in imprisonment

absolved of criminal liability.

Since a corporation cannot be proceeded against

On the other hand, entrapment is not an absolutory criminally because it cannot commit crime in which
cause because entrapment refers to ways and personal violence or malicious intent is required,
means resorted to by the public officer in order to criminal action is limited to the corporate agents
trap and capture a criminal in flagrante delicto/ in guilty of an act amounting to a crime and never
the actual commission of the crime. Here, the mens against the corporation itself.

rea originated from the mind of the offender.

While a corporation or partnership cannot be the

Art. 16. Who are criminally liable. - The following active subject, it can be a passive subject of a
are criminally liable for grave and less grave crime.

felonies:
A corpse or animal cannot be a passive subject.
1. Principals The dead and the animals have no rights that may
2. Accomplices be injured. Exception: The crime of defamation may
3. Accessories

24 of 49
be committed if the imputation tends to blacken the be established by positive and conclusive
memory of one who is dead.
evidence. (proof beyond reasonable doubt)

Art. 17. Principals. - The following are In order to hold an accused guilty as a co-principal
considered principals: by reason of conspiracy, it must be established that
he performed an overt act in furtherance of the
1. Those who take a direct participation in the conspiracy, either:

execution of the act;

2. Those who directly force or induce others to - by actively participating in the actual
commit it; commission of the crime;

3. Those who cooperate in the commission of - by lending moral assistance to his co-
the offense by another act without which it conspirators by being present at the scene of the
crime;

would not have been accomplished.

- by exerting moral ascendancy over the rest of
the conspirators as to move them to execute the
Difference between a Principal and Co-conspirator

conspiracy.

A principal’s criminal liability is limited to his own

When there is no conspiracy, each of the offenders
acts. A co-conspirator’s criminal responsibility
is liable only for the act performed by him.

includes the acts of his fellow conspirators.

The person who participated in the assault must

1. Principals by Direct Participation also participate in the criminal resolution. He must
have previous knowledge of the criminal purpose in
Requisites: order to impose collective criminal responsibility.

• That they participated in the criminal In the absence of concerted action pursuant to a
resolution; common criminal design, each of the accused is
responsible only for the consequences of his own
Two or more persons are said to have participated acts.

in the criminal resolution when they were in

conspiracy at the time of the commission of the Conspiracy is implied when the accused had a
crime.
common purpose and were united in its execution.
Spontaneous agreement at the moment of the
A person may be convicted for the criminal act of commission of the crime is sufficient to create joint
another where, between them, there has been responsibility.

conspiracy or unity of purpose and intention in the

commission of the crime charged.
A conspirator is not liable for another’s crime which
is not an object of the conspiracy or which is not a
A conspiracy exists when two or more persons necessary and logical consequence therefor.
come to an agreement concerning the commission However, if it appears that there was a general plan
of a felony and decide to commit it. The conspiracy
to kill anyone who might put up violent
contemplated here is not a felony, but only a
manner of incurring criminal liability.
resistance, the accused are liable for all the natural
and inherent consequences of such plan. (People
- There must be intentional participation in the vs Timbol)

transaction with a view to the furtherance of the

common design and purpose.
Once conspiracy is established, it is not necessary
to ascertain the specific acts of aggression
- The existence of conspiracy does not require an committed by each of the conspirators, since,
agreement for an appreciable length of time since having participated in the criminal resolution, the
conspiracy exists if at the time of the commission act of one is the act of all.

of the offense, the accused had the same

purpose and were united in its execution.
Exceptions:

- It is sufficient that at the time of the aggression, 1. In the crime of parricide, the element of
all the accused manifested by their acts a relationship must be present as regards all the
common intent or desire to attack so that the act offenders.

of one becomes the act of all.

Art. 62, par. 3 provides that aggravating

While conspiracy may be implied from the circumstances which arise from the private relations
circumstances attending the commission of the of the offender with the offended party shall serve
crime, it is nevertheless a rule that conspiracy must to aggravate only the liability of the principals,
25 of 49
accomplices and accessories as to whom such
circumstances are attendant. This applies when the • by using irresistible force

element of the felony arises from the private relation • by using uncontrollable fear

of the offender with the offended party.

In these cases, only the one using force or causing

2. In the crime of murder where treachery is an fear is criminally liable. The material executor is not
element of the crime, all the offenders must criminally liable because of Art. 12, paragraphs 5
have knowledge of the employment of treachery and 6 (exempting circumstances)

at the time of the execution of the act or their

cooperation therein.
B. By directly inducing another to commit a
crime
Art. 62, par. 4 provides that the circumstances
which consist in the material execution o the act, or • by giving price, or offering reward or promise

in the means employed to accomplish it, shall

serve to aggravate the liability of those persons only There is collective criminal responsibility in such a
who had knowledge of them at the time of the case. Both are principals; the former, by
execution of the act or their cooperation therein. inducement, the latter, by direct participation.

Treachery is either a qualifying or aggravating

circumstance.
• by using words of command

Since conspiracy presupposes an agreement and a There is also collective responsibility. Both the
decision to commit a felony, when it appears that person who used the words of command and the
the injuries inflicted on the offended party were due person who committed the crime because of such
to the reckless imprudence of two or more words are equally liable.

persons, it is not proper to consider conspiracy

between or among them.
Principal by Inducement: Requisites

• That they carried out their plan and personally 1. That the inducement be made directly with the
took part in its execution by acts which tended intention of procuring the commission of the
directly to the same end. crime;

This means that the culprits must be at the scene of A thoughtless expression without intention to
the commission of the crime, personally taking pat produce the result is not an inducement to commit
in its execution.
a crime. Imprudent and ill-conceived advice is not
sufficient, especially if the person who gave the
In a murder which the offenders previously agreed advice did not have the intention to procure the
to commit, not only the one who inflicts the fatal commission of the crime.

wound is considered a principal, but also the one

who holds down the victim and the one who lies in 2. That such inducement be the determining cause
wait at the door to prevent any help from being of the commission of the crime by the material
rendered.
executor.

—> Criminal responsibility in such a case is Thus, if the principal by direct participation had
collective.
personal reason to commit the crime so that he
would commit it just the same even if no
However, mere passive presence at the scene of inducement was made by another, this second
another’s crime does not constitute complicity.
requisite does not exist.

If this second requisite is lacking, at most, there is

only a conspiracy among the several defendants The inducement must precede the act induced and
who participated in the criminal resolution, and if must be so influential in producing the criminal act
the crime they agreed and decided to commit is not that without it, the act would not have been
treason, rebellion or sedition, they are not criminal performed.

liable.

2. Principals by induction/inducement If the crime committed is not contemplated in the

order given, the inducement is not material and not
The principal by induction becomes liable only the determining cause thereof.

when the principal by direct participation committed

the act induced.
Principal by inducement vs Proposal to commit a
felony

Two ways of becoming a principal by induction:

A. By directly forcing another to commit a crime

26 of 49
 Principal by inducement Proposal to commit a When there is no conspiracy between or among the
felony defendants but they were animated by one and the
same purpose to accomplish the criminal objective,
Becomes liable only when The mere proposal to those who cooperated by previous or simultaneous
the crime is committed by commit treason, rebellion acts but cannot be held liable as principals are
the principal by direct and sedition is punishable.
accomplices.

participation.
He becomes a principal by In case of doubt, the participation of the offender
inducement if the person will be considered that of an accomplice rather than
to whom the proposal is that of a principal.

made commits the crime.

An accomplice does not have a previous agreement
Inducement involves any The proposal, to be or understanding or is not in conspiracy with the
crime. punishable, must involve principal by direct participation. BUT he participates
only treason, rebellion or to a certain point in the common criminal design.

sedition.
Requisites:

If the one charged as principal by direct

participation is acquitted because he acted without 1. That there be community of design, that is,
criminal intent or malice, his acquittal is not a knowing the criminal design of the principal
ground for the acquittal of the principal by by direct participation, he concurs with the latter
inducement.
in his purpose

3. Principal by indispensable cooperation The principal by direct participation originates the

criminal design. The accomplice merely concurs
To cooperate means to desire or to wish in common with the principal in his criminal purpose.

a thing.

An accomplice may acquire knowledge of the

Requisites:
criminal design of the principal when the principal
informs or tells the accomplice of the former’s
1. Participation in the criminal resolution, that is, criminal purpose, OR when the accomplice saw the
there is either anterior conspiracy or unity of criminal acts of the principal.

criminal purpose and intention immediately

before the commission of the crime charged;
2. That he cooperates in the execution of the
offense by previous or simultaneous acts,
There must be conspiracy, but concurrence with the with the intention of supplying material or moral
principal by direct participation in the purpose of aid in the execution of the crime in an
the latter is sufficient because the cooperation is efficacious way

indispensable to the accomplishment of the

commission of the offense.
The cooperation of an accomplice is only
necessary, not indispensable.

2. Cooperation in the commission of the offense

by performing another act, without which it However, if there is conspiracy between two or
would not have been accomplished.
among several persons, even if the cooperation of
If the cooperation is not indispensable, the offender one offender is only necessary, the latter is also a
is only an accomplice.
principal by conspiracy. The nature of the
cooperation becomes immaterial.

The act of the principal by indispensable

cooperation should be different from the act of the When the acts of the accused are not indispensable
principal by direct participation.
in the killing, they are merely accomplices. The
accomplice merely supplies the principal with
Art. 18. Accomplices. - Accomplices are the material or moral aid without conspiracy with the
persons who, not being included in Art. 17, latter.

cooperate in the execution of the offense by

previous or simultaneous acts. —> The moral aid may be through advice,
encouragement or agreement. BUT the advice,
encouragement or agreement should not be the
In quasi-collective criminal responsibility, some of
determining cause of the commission of the crime
the offenders in the crime are principals and the
by the principal by direct participation. Otherwise,
others are accomplices.

he would be a principal by inducement.

27 of 49
The wounds inflicted by an accomplice in crimes stolen. It is sufficient that after acquiring knowledge,
against persons should not have caused the death he concealed or disposed of the property.

of the victim.

Specific acts of accessories

3. That there be a relation between the acts done

by the principal and those attributed to the 1. By profiting themselves or assisting the
person charged as accomplice.
offender to profit by the effects of the crime.

It is not enough that a person entertains an identical Note: The crime committed by the principal may be
criminal design as that of the principal. There must any crime, provided that it is NOT a light felony.

be a relation between the criminal act of the

principal by direct participation and that of the The accessory should not have taken the property
person charged as an accomplice.
without the consent of the principal. The accessory
must receive the property from the principal. If he
Art. 19. Accessories. - Accessories are those took it without consent, he is not an accessory but
who, having knowledge of the commission of a principal in the crime of theft.

the crime, and without having participated

therein, either as principals or accomplices, take An accessory should not be in conspiracy with the
part subsequent to its commission in any of the principal.

following manners:
2. By concealing or destroying the body of the
1. By profiting themselves or assisting the crime to prevent its discovery.
offender to profit by the effects of the crime;
Corpus delicti - It means that a specific offense was
2. By concealing or destroying the body of the in fact committed by someone.

crime or the effects or instruments thereof, in

order to prevent its discovery; The concealing or destroying of the body of the
3. By harboring, concealing or assisting in the crime, the effects or instruments thereof, must be
escape of the principal of the crime, provided done in order to prevent the discovery of the crime.
the accessory acts with abuse of his public What is concealed is the body of the crime, the
functions or whenever the author of the effects or instruments thereof, not the principal
crime is guilty of treason, parricide, murder, who committed the crime.

or an attempt to take the life of the Chief

Executive, or is known to be habitually guilty 3. By harboring, concealing, or assisting in the
of some other crime. escape of the principal of the crime

An accessory does not participate in the criminal Two classes of Accessories

design nor cooperate in the commission of the

felony, but, with knowledge of the commission of a. Public officers who harbor, conceal or assist in
the crime, he subsequently takes part in three ways:
the escape of the principal of any crime (not
light felony) with abuse of his public functions

a. by profiting from the effects of the crime

b. by concealing the body, effects or instruments Requisites

of the crime in order to prevent its discovery

c. by assisting in the escape or concealment of the • The accessory is a public officer

principal of the crime, provided he acts with • He harbors, conceals, or assists in the escape of
abuse of his public functions or the principal is the principal

guilty of treason, parricide, murder or an attempt • The public officer acts with abuse of his public
on the life of the Chief Executive, or is known to functions

be habitually guilty of some other crime.

• The crime committed by the principal is any
crime, provided it is not a light felony

Mere possession of stolen property does not make

the accused an accessory where the thief was b. Private persons who harbor, conceal or assist in
already convicted. BUT if there has been no one the escape of the author of the crime — guilty of
convicted as the thief, the possessor should be treason, parricide, murder, an attempt against
prosecuted as principal of the crime of theft.
the life of the president, or that the principal is
known to be habitually guilty of some other
To declare the accused guilty as accessory, it is not crime.

necessary that he should have acquired the

property, knowing at that time that it had been Note: The accessory must have knowledge of the
principal being habitually guilty of some other crime,

28 of 49
because the law says “or is known to be habitually Art. 20. Accessories who are exempt from
guilty of some other crime”.
criminal liability. - The penalties prescribed for
accessories shall not be imposed upon those
One who kept silent with regard to the crime he who are such with respect to their spouses,
witnessed is not an accessory. Such an omission is ascendants, descendants, legitimate, natural
not one of the different acts enumerated in Art. 19.

and adopted brothers and sisters, or relatives by

The accessory’s liability is subordinate and affinity within the same degrees, with the
subsequent to that of the principal of the crime. The exception of accessories falling within the
acquittal of the latter will necessarily result in the provisions of paragraph 1 of the preceding
acquittal of the former, there being no legal grounds article.
to convict him after the fact for a crime not
perpetrated.
The exemption is based on the ties of blood and the
preservation of the cleanliness of one’s name, which
When is conviction of accessory possible even if compels one to conceal crimes committed by
the principal is acquitted?
relatives so near as those mentioned in this article.

- If the crime was in fact committed, but the

principal was not held criminally liable because of An accessory is exempt from criminal liability, when
an exempting circumstance (Art. 12). In the principal is his:

exempting circumstances, there is a crime 1. spouse

committed. Hence, there is basis for convicting 2. ascendant

the accessory.
3. descendant

4. legitimate, natural or adopted brother, sister or

Even if the principal is still unknown or at large, the relative by affinity within the same degree

accessory may be held responsible provided the

requisites prescribed by law for the existence of the Even if only two of the principals guilty of murder
crime are present and that someone committed it.
are the brothers of the accessory and the others are
not related to him, such accessory is exempt from
For one to be found guilty and punished as an criminal liability.

accessory, it is not necessary that there be a

principal duly convicted. As long as the corpus The relationship by affinity between the surviving
delicti is proved and the accessory’s participation spouse and blood relatives of the deceased spouse
as such shown, he can be held criminally survives even after the death of the deceased
responsible and meted out the corresponding spouse. A nephew or niece is not included among
penalty.
such relatives.

Anti Fencing Law of 1972 (P.D. 1612) The accessory is not exempt from criminal liability
even if the principal is related to him, if such
Sec. 2.a. Fencing - is the act of any person who, accessory (1) profited by the effects of the crime, or
with intent to gain for himself or for another, shall (2) assisted the offender to profit by the effects of
buy, receive, possess, keep, acquire, conceal, sell the crime.

or dispose of, or shall buy and sell, or in any other

manner deal in any article, item, object or anything A public officer who, with evident abuse of his
of value which he knows, or should be known to office, furnished the means of escape to his brother
him, to have been derived from the proceeds of the who had committed murder does not incur any
crime of robbery or theft.
criminal liability. Ties of blood or relationship
constitutes a more powerful incentive than the call
Sec. 5. Presumption of Fencing - Mere possession of duty.

of any goods, article, item, object, or anything of

value which has been the subject of robbery or PENALTIES
thievery shall be prima facie evidence of fencing.

Penalty - is the suffering that is inflicted by the State

An accessory in Robbery and Theft is a principal in for the transgression of a law.

Fencing. P.D. no. 1612 was enacted to impose

heavy penalties on persons who profit by the effects Juridical conditions of penalty:

of the crimes of robbery and theft because of 1. Must be productive of suffering, without
reports from law enforcement agencies of rampant however affecting the integrity of human
robbery and thievery of government and private personality

properties.
2. Must be commensurate with the offense —
different crimes must be punished with different
penalties

29 of 49
3. Must be personal — no one should be sentence has been pronounced and the convict
punished for the crime of another
is serving the same.
4. Must be legal — it is the consequence of a
judgment according to law
This provision also applies to accused persons.

5. Must be certain — no one may escape its

effects
Art. 22 is not directly applicable to the provisions of
6. Must be equal for all
the Revised Penal Code. Its application to the RPC
7. Must be correctional may only invoked where some former or
subsequent law is under consideration.

The purpose of the State in punishing crimes is to

secure justice.
As a general law, criminal laws have prospective
effect. Exception: When favorable to the accused, it
Theories justifying penalty (PSREJ)
must be given retroactive effect.

1. Prevention - The State must punish the criminl This exception also applies to a law dealing with
to prevent or suppress the danger to the State prescription of an offense. However, the new law
arising from the criminal acts of the offender
may also provide otherwise. For example, R.A. no.
2. Self-defense - The State has a right to punish 4661, reducing the number of prescription of
the criminal as a measure of self-defense so as criminal action for libel from two years to one year,
to protect society from the threat and wrong specifically provided that such provisions of the
inflicted by the criminal
new law shall not apply to cases of libel already
filed in court at the time of approval.

3. Reformation - The object of punishment in

criminal cases is to correct and reform the
The sovereign, in enacting a subsequent penal law
offender

more favorable to the accused, has recognized that

4. Exemplarity - The criminal is punished to serve the greater severity of the former law is unjust.

as an example to deter others from committing

crimes
An act which when committed was not a crime
5. Justice - That crime must be punished by the cannot be made so by statute without violating the
State as an act of retributive justice, a constitutional inhibition as to ex post facto laws.

vindication of absolute right and moral law

violated by the criminal.
An ex post facto law is one which:

Three-fold purpose of Penalty under the RPC

1. Makes criminal an act done before the passage
of the law and which was innocent when done
1. Retribution or expiation - the penalty is and punishes such an act;

commensurate with the gravity of the offense

2. Aggravates a crime, or makes it greater than it
2. Correction or reformation - as shown by the was, when committed;

rules which regulate the execution of the 3. Changes the punishment and inflicts a greater
penalties consisting in deprivation of liberty
punishment than the law annexed to the crime
3. Social defense - shown by its inflexible severity when committed;

to recidivists and habitual delinquents.

4. Alters the legal rules of evidence, and authorizes
conviction upon less or different testimony than
Art. 21. - Penalties that may be imposed. - No the law required at the time of the commission
felony shall be punishable by any penalty not of the offense;

prescribed by law prior to its commission. 5. Assuming to regulate civil rights and remedies
only, in effect imposes penalty or deprivation of
An act or omission cannot be punished by the State a right for something which when done was
if at the time it was committed there was no law lawful;

prohibiting it, because a law cannot be rationally 6. Deprives a person accused of a crime of some
obeyed unless it is first shown, and a man cannot lawful protection to which he has become
be expected to obey an order that has not been entitled, such as the protection of a former
given.
conviction or acquittal, or a proclamation of
amnesty.

Art. 22. - Retroactive effect of penal laws. - Penal

laws shall have a retroactive effect insofar as The provision is likewise applicable even if the
they favor the person guilty of a felony, who is accused is already serving sentence.

not a habitual criminal, as this term is defined in

Rule 5 of Art. 62 of this Code, although at the When a person is a habitual delinquent, he is not
entitled to the benefit of the provisions of the new
time of the publication of such laws, a final
favorable statute. A habitual delinquent is one who
within a period of 10 years from the date of his
30 of 49
release or last conviction of the crimes of serious aggrieved parties is limited to being witnesses for
physical injuries, robbery, theft, estafa or the prosecution.

falsification, he is found guilty of any said crimes a

third time or oftener. (FERTS)
A contract stipulating for the renunciation of the
right to prosecute an offense or waiving the criminal
The principle that criminal statutes are retroactive liability is void. The consideration or subject matter
so far as they favor the culprit does not apply to the is illegal.

latter’s civil liability, because the rights of the

offended persons or innocent third parties are not Except as provided in Art. 344 of this Code:

within the gift of arbitrary disposal of the State.

—> However, a new law increasing the civil liability • The offended party in the crimes of adultery and
cannot be given retroactive effect.
concubinage cannot institute criminal prosecution
if he shall have consented or pardoned both the
Criminal liability under a former law is obliterated offenders. The pardon here may be IMPLIED, as
when the repeal is absolute.
continued inaction of the offended party after
learning of the offense.

Exceptions

1. When the provisions of the former law are • In the crimes of seduction, abduction, rape or
reenacted
acts of lasciviousness, there shall be no criminal
2. When the repeal is by implication
prosecution if the offender has been expressly
3. When there is a saving clause
pardoned by the offended party or her parents,
grandparents, as the case may be. The pardon
The right to punish offenses committed under an here must be EXPRESS.

old penal law is not extinguished if the offenses are

still punished in the repealing penal law.
Both pardons must be made before the institution
of the criminal prosecution. Thus, when the
The repeal of a penal law which impliedly repealed complaint for adultery, concubinage, seduction,
an old penal law revives the old law.
rape, acts of lasciviousness or abduction has
already been filed in court, a motion to dismiss
There is no retroactive effect of penal laws as based solely on the pardon by the offended party
regards jurisdiction of court. The jurisdiction of a will be denied by the court.

court to try a criminal action is to be determined by

the law in force at the time of instituting the action, The only act that, according to Art. 344,
and not at the time of the commission of the crime.
extinguishes the penal action after the institution of
the criminal action, is the marriage between the
What penalty may be imposed for the commission offender and the offended party.

of a felony?

Only the penalty prescribed by law prior to the The pardon under Art. 344 is only a bar to criminal
commission of the felony may be imposed. BUT the prosecution. It does not extinguish criminal liability.
penalty prescribed by a law enacted after the Only the grounds enumerated under Art. 89
commission of the felony may be imposed if it is provides for those which totally extinguish criminal
favorable to the accused.
liability.

Felonies are punishable under the laws in force at An offense has two classes of injuries: (1) social
the time of their commission.
injury, produced by the disturbance and alarm
which are the outcome of the offense; and (2)
Art. 23. Effect of pardon by the offended party. - personal injury, caused to the victim of the crime
A pardon by the offended party does not who suffered damage wither to his person, property,
honor or chastity.

extinguish criminal action except as provided in

Art. 344 of this Code; but civil liability with regard Since personal injury is repaired through indemnity,
t o t h e i n t e re s t o f t h e i n j u re d p a r t y i s the offended party may waive it and the State has
extinguished by his express waiver. no reason to insist in its payment. The State only
has an interest in the social injury which is repaired
Even if the injured party already pardoned the through the imposition of the corresponding
offender, the fiscal can still prosecute the offender. penalty.

Such pardon by the offended party is not even a

ground for the dismissal of the complaint or Art. 24. Measures of prevention or safety which
information.
are not considered penalties. - The following
shall not be considered penalties:
Reason: A crime committed is an offense against
the State. In criminal cases, the intervention of the
31 of 49
1. The arrest and temporary detention of Prision correccional
accused persons, as well as their detention Arresto mayor
by reason of insanity or imbecility or illness Suspension
requiring their confinement in a hospital; Destierro
2. The commitment of a minor to any of the
institutions mentioned in Art. 80 and for the Light penalties
purposes specified therein. Arresto menor
3. Suspension from the employment or public Public censure
office during the trial or in order to institute
proceedings Penalties common to the three preceding
4. Fines and other corrective measures which, classes
in the exercise of their administrative or Fine, and
disciplinary powers, super officials may Bond to keep the peace.
impose upon their subordinates
5. Deprivation of rights and the reparations ACCESSORY PENALTIES
which the civil law may establish in penal
form (Example: Parents who are deprived of Perpetual or temporary absolute disqualification;
their parental authority if found guilty of Perpetual or temporary special disqualification;
corruption of their children) Suspension from public office, the right to vote
and be voted for, the profession or calling;
They are not penalties because they are not Civil interdiction;
imposed as a result of judicial proceedings. Those Indemnification;
mentioned in paragraphs 1,3 and 4 are merely Forfeiture or confiscation of instruments and
preventive measures before conviction of offenders.

proceeds of the offense;

The commitment of a minor mentioned in paragraph Payment of cost.
2 is not a penalty because it is not imposed by the
court in a judgment of conviction. The imposition of The RPC does not prescribe the penalty of life
the sentence in such case is suspended.
imprisonment for any of the felonies therein defined,
that penalty being invariably imposed for serious
The fines mentioned in this article should not be offenses penalized not by the RPC but by special
imposed by the court; otherwise, they constitute a law.

penalty.

Reclusion perpetua entails imprisonment for at least

Example: The Commissioner of Civil Service may, 30 years after which the convict becomes eligible
on certain grounds, fine an employee in an amount for parole. It also carries with it accessory penalties,
not exceeding six months salary.
namely: perpetual special disqualification, etc. It is
not the same as life imprisonment which, for one
CLASSIFICATION OF PENALTIES thing, does not appear to have any definite extent
or duration.

Art. 25. Penalties which may be imposed. - The

R.A. 9346 prohibited the imposition of the death
penalties which may be imposed, according to penalty, and provided for the imposition of reclusion
this Code, and their different classes, are those perpetua in lieu of death, when the law violated
included in the following makes use of the nomenclature of penalties of the
RPC.

SCALE
PRINCIPAL PENALTIES Principal penalties - those expressly imposed by the
court in the judgment of conviction.

Capital punishment:
Death • Indivisible penalties - those which have no fixed
duration. Examples: death, reclusion perpetua,
Afflictive penalties: perpetual absolute or special disqualification and
Reclusion perpetua public censure.

Reclusion temporal
• Divisible penalties - those that have a fixed
Perpetual or temporary absolute disqualification duration and are divisible into three periods.

Perpetual or temporary special disqualification

Prision mayor Accessory penalties - those that are deemed
included in the imposition of the principal penalties.

Correctional penalties
32 of 49
Classification of penalties according to subject- Art. 27. DURATION AND EFFECT OF PENALTIES
matter:

1. Corporal (death)
Penalty Duration
2. Deprivation of freedom (reclusion, prision,
arresto)
Reclusion perpetua 20 years and 1 day to 40
3. Restriction of freedom (destierro)
years
4. Deprivation of rights (disqualification and
suspension)
Reclusion temporal 12 years and 1 day to 20
5. Pecuniary (fine)
years
Prision mayor and 6 years and 1 day to 12
Classification of penalties according to their gravity
years; unless the
temporary
1. Capital
disqualification is an
2. Afflictive
disqualification
accessory penalty, in
3. Correctional
which case, its duration is
4. Light
that of the principal penalty

Public censure is a penalty. Hence, it is not proper

to be imposed in acquittal.
Prision 6 months and 1 day to 6
correccional, years, except when
In a criminal case, there is only one issue: whether suspension and suspension is an
the accused is guilty or not guilty. If he is found destierro accessory penalty, in
guilty, the court acquires jurisdiction to impose a which case its duration is
penalty; if he is found not guilty, no court has the that of the principal penalty
power to mete out punishment; a finding of guilt
must precede the punishment.
Arresto mayor 1 month and 1 day to 6
months
However, a court may permit itself nevertheless to Arresto menor 1 day to 30 days
criticize or reprehend his acts and conduct. It may
express its disapproval or reprehension of those Bond to keep the The period during which the
acts to avoid the impression that by acquitting him, peace bond shall be effective is
it approves or admires his conduct.
discretionary on the court.

Penalties that are either principal or accessory

• Perpetual or temporary absolute disqualification

In what cases is destierro imposed?

• Perpetual or temporary special disqualification

• Suspension
1. Serious physical injuries or death under
exceptional circumstances (Art. 247)

Art. 236, punishing the crime of anticipation of 2. In case of failure to give bond for good behavior
duties of a public office, provides for suspension as (Art. 284)

a principal penalty.
3. As a penalty for the concubine in concubinage
(Art. 334)

Art. 226, 227 and 228, punishing infidelity of public 4. In cases where after reducing the penalty by
officers in the custody of documents, provide for one or more degrees, destierro is the proper
temporary special disqualification as a principal penalty

penalty.

Bond to keep the peace is not specifically provided

Art. 26. Fine.— When afflictive, correctional or as a penalty for any felony and therefore cannot be
imposed by the court, especially since Art. 21
light penalty.— A fine, whether imposed as a
provides that no felony shall be punishable by any
single or as an alternative penalty, shall be penalty not prescribed by law.

considered an afflictive penalty, if it exceeds

6,000 pesos; a correctional penalty if it does not Bond for good behavior under Art. 284 od the
exceed 6,000 pesos but is not less than 200 Code, which is required of a person making a grave
pesos, and a light penalty if it be less than 200 or light threat, is not required to be given in cases
pesos. involving other crimes.

Fines are imposed in many articles of this Code as Art. 28. Computation of penalties. - If the
an alternative penalty. Example: Art. 144, which offender shall be in prison, the term of the
punishes disturbance of proceedings, has a penalty duration of the temporary penalties shall be
of arresto mayor or a fine ranging from 200 pesos to computed from the day on which the judgment
1,000 pesos.
of conviction shall have become final.

33 of 49
 counsel to abide by the same disciplinary rules
If the offender be not in prison, the term of the imposed upon convicted prisoners, except in the
duration of the penalty consisting of deprivation following cases:
of liberty shall be computed from the day that
the offender is placed at the disposal of the 1. When they are recidivists, or have been
judicial authorities for the enforcement of the convicted previously twice or more times of
penalty. The duration of the other penalties shall any crime; and
be computed only from the day on which the 2. When upon being summoned for the
defendant commences to serve his sentence. execution of their sentence they have failed
to surrender voluntarily.
Rules for computation of penalties

If the detention prisoner does not agree to abide

The Director of Prisons or the warden should by the same disciplinary rules imposed upon
compute the penalties imposed upon the convicts, convicted prisoners, he shall do so in writing
observing the following rules:
with the assistance of a counsel and shall be
credited in the service of his sentence with 4/5
1. When the offender is in prison — the duration
of the time during which he has undergone
of temporary penalties is from the day on which
the judgment of conviction is final. Example: preventive imprisonment.
Temporary absolute/special disqualification,
Suspension should be computed from the day Credit for preventive imprisonment for the
the judgment of conviction becomes final penalty of reclusion perpetua shall be deducted
because under Art. 24 the arrest and temporary from thirty years.
detention of the accused is not considered a
penalty.
Whenever an accused has undergone preventive
2. When the offender is not in prison — the imprisonment for a period equal to the possible
duration of penalty consisting in deprivation of maximum imprisonment for the offense charge
liberty, is from the day that the offender is to which he may be sentenced and his case is
placed at the disposal of judicial authorities for not yet terminated, he shall be released
t h e e n f o rc e m e n t o f p e n a l t y. E x a m p l e : immediately without prejudice to the
Imprisonment, destierro

continuation of the trial thereof or of the

3. The duration of other penalties — the duration
proceeding on appeal, if the same is under
is from the day on which the offender
commences to serve his sentence. Example: If review. Computation of preventive imprisonment
the offender is not under detention because he for purposes of immediate release under this
has been released on bail; When the offender is paragraph shall be the actual period of detention
undergoing preventive imprisonment, the with good conduct time allowance: Provided,
computation of the penalty starts from the day however, That if the accused is absent without
on which the defendant commences to serve any justifiable cause at any stage of the trial, the
his sentence. The offender, however, is entitled court may motu proprio order the rearrest of the
to a deduction of full time or four/fifths of the accused: Provided, finally, That recidivists,
time of his detention.
habitual delinquents, escapees and persons
charged with heinous crimes are excluded from
If the accused, who was in custody, appealed, his the coverage of this Act. In case the maximum
service of sentence should commence from the
penalty to which the accused may be sentenced
date of the promulgation of the decision of the
appellate court and not from the date the judgment is destierro, he shall be released after thirty (30)
of the trial court was promulgated.
days of preventive imprisonment.

Preventive imprisonment- The accused undergoes

Art. 29. Period of preventive imprisonment preventive imprisonment when the offense charged
deducted from term of imprisonment. - is non-bailable, or even if bailable, he cannot furnish
the required bail.

Offenders or accused who have undergone

preventive imprisonment shall be credited in the Offenders who have undergone preventive
service of their sentence consisting of imprisonment shall be credited in the service of
deprivation of liberty, with the full time during their sentence with the full time during which they
w h i c h t h e y h a v e u n d e rg o n e p re v e n t i v e have undergone preventive imprisonment, if the
imprisonment if the detention prisoner agrees detention prisoner agrees voluntarily in writing after
voluntarily in writing after being informed of the being informed of the effects thereof and with the
effects thereof and with the assistance of assistance of counsel to abide by the same
34 of 49
disciplinary rules imposed upon convicted 3. Habitual delinquents or those who, within a
prisoners.
period of 10 years from the date of his release
or last conviction of the crimes of serious or less
If the detention prisoner does not agree to abide by serious physical injuries, robbery, falsification,
the same disciplinary rules imposed upon convicted theft and estafa, is found guilty of any of the
prisoners, he shall do so in writing with the said crimes a third time or oftener;

assistance of a counsel and shall be credited in the 4. Escapees

service of his sentence with 4/5 of the time durng 5. Persons charged with heinous crimes.

which he has undergone preventive imprisonment.

Effects of the penalties according to their

Under Art. 197 of the Child and Youth Welfare respective nature
Code, the youthful offender shall be credited in the
service of his sentence with the full time he spent in Art. 30. - Effects of the penalties of perpetual or
actual confinement and detention. It is not temporary absolute disqualification. —The
necessary that he agreed to abide by the
penalties of perpetual or temporary absolute for
disciplinary rules imposed upon convicted
prisoners.
public office shall produce the following effects:

If the offense for which the offender is undergoing 1. The deprivation of the public offices and
preventive imprisonment is punishable by employments which the offender may have
imprisonment or a fine, and upon conviction the held, even if conferred by popular election.
court imposed on him only a fine, there is no credit 2. The deprivation of the right to vote in any
to be given. Credit is only given in the service of election for any popular elective office or to
sentences consisting of deprivation of liberty.
be elected in such office.
3. The disqualification for the offices or public
The computation of maximum possible employments and for the exercise of any of
imprisonment for purposes of immediate release the rights mentioned.
should be the actual period of detention plus good
conduct time allowance. If good conduct time
allowance is granted to convicted prisoners, this In case of temporary disqualification, such
benefit should also be extended to the detention disqualification as is comprised in paragraphs 2
prisoner.
& 3 of this Article shall last during the term of the
sentence.
Destierro constitutes a deprivation of liberty. It
follows that Art. 29 is applicable when the penalty is 4. The loss of all rights to retirement pay or
destierro. The accused should be credited with the other pension for any office formerly held.
time during which he has undergone preventive
imprisonment.
Art. 31. Effects of the penalties of perpetual or
temporary special disqualification. - The
The convict is to be released immediately if the penalties of perpetual or temporary special
penalty imposed after trial is less than the full time
disqualification for public office, profession or
or four-fifths of the time of the preventive
imprisonment.
calling shall produce the following effects:

If the maximum penalty to which the accused may 1. The deprivation of the office, employment,
be sentenced is destierro, and he has been profession or calling affected;
detained for thirty days, he should be released 2. The disqualification for holding similar offices
immediately even if the duration of destierro is from or employments either perpetually or during
six months and one day to six years. In destierro, the term of the sentence, according to the
the accused sentenced does not serve it in prison. extent of such disqualification.
He is free, only that he cannot enter the prohibited
area specified in the sentence.
Art. 32. Effects of the penalties of perpetual or
temporary special disqualification for the
Offenders not entitled to the full time or four-fifths of
exercise of the right of suffrage. — The
the time of preventive imprisonment

perpetual or temporary special disqualification

1. Recidivists or those convicted previously twice for the exercise of the right of suffrage shall
or more times of any crime
deprive the offender perpetually or during the
2. Those who, upon being summoned for the term of the sentence, according to the nature of
execution of their sentence, failed to surrender said penalty, of the right to vote in any popular
voluntarily
election for any public office or to be elected to
such office. Moreover, the offender shall not be
35 of 49
permitted to hold any public office during the d. Loss of right to retirement pay or pension for
period of his disqualification. any office formerly held (Art. 30)

Art. 33. - Effects of the penalties of suspension Note: Perpetual absolute disqualification is effective
from any public office, profession, or calling, or during the lifetime of the convict and even after the
service of the sentence. Temporary absolute
the right of suffrage. — The suspension from
disqualification lasts during the term of the
public office, profession, or calling, and the sentence, and is removed after the service of the
exercise of the right of suffrage shall disqualify same, except:

the offender from holding such office or • deprivation of the public office or employment

exercising such profession or calling or right of • loss of all rights to retirement pay or other pension
suffrage during the term of sentence. of for any office formerly held

The person suspended from holding public office 2. The penalties of perpetual or temporary special
shall not hold another having similar functions disqualification for public office, profession or
during the period of his suspension. calling

Art. 34. - Civil interdiction. - Civil interdiction a. Deprivation of the office, employment,
profession or calling affected

shall deprive the offender during the time of his

b. Disqualification for holding similar offices or
sentence of the rights of parental authority, or employments perpetually or during the term of
guardianship, either as to the person or property the sentence

of any ward, of marital authority, of the right to

manage his property, and of the right to dispose 3. The penalties of perpetual or temporary special
of such property by any act or any conveyance disqualification for the exercise of the right of
inter vivos. suffrage

Art. 35. - Effects of bond to keep the peace. - It a. Deprivation of the right to vote or be elected to
shall be the duty of any person sentenced to any public office

give bond to keep the peace to present two b. Cannot hold any public office during the period
sufficient sureties who shall undertake that such of disqualification

person will not commit the offense sought to be

4. The penalties of suspension from public office,
prevented, and that in case such offense be profession or calling or the right of office

committed they will pay the amount detemined

by the court in its judgment or otherwise to a. Disqualification from holding such office or
deposit such amount in the office of the clerk of exercising such profession or calling or right of
the court to guarantee said undertaking. suffrage during the term of the sentence

b. If suspended from public office, the offender

The court shall determine, according to its cannot hold another office having similar
discretion, the period of duration of the bond. functions during the period of suspension

Should the person sentenced fail to give the 5. Civil interdiction

bond as required, he shall be detained for a

a. Deprivation of the rights of parental authority or
period which shall in no case exceed six months,
guardianship of any ward

if he shall have been prosecuted for a grave or b. Deprivation of marital authority

less gave felony, and shall not exceed thirty days c. Deprivation of the right to manage his property
if for a light felony. and of the right to dispose of such property by
any act or conveyance inter vivos.

Outline of the Effects of Penalties under Art. 30-35

Note: He can dispose of such property by will or

1. The penalties of perpetual or temporary donation mortis causa.

absolute disqualification for public office

6. Bonds to keep the peace

a. Deprivation of public offices and employments,

even if by election
a. Offender must present two sufficient sureties
b. Deprivation of right to vote or be elected
who shall undertake that the offender will not
c. Disqualification for the offices or public commit the offense sought to be prevented, and
employments and for the exercise of any of the that in case such offense be committed they will
rights mentioned
pay the amount determined by the court

36 of 49
b. The offender must deposit such amount with the Exception: Where the facts and circumstances
clerk of court to guarantee said undertaking
show that the purpose of the Chief Executive is
c. The offender may be detained, if he cannot give precisely to restore those rights.

the bond, for a period not to exceed six months

if prosecuted for grave or less grave felony, or 2. That such power does not extend to cases of
for a period not to exceed thirty days, if for a impeachment

light felony.

Art. 37. Costs. — What are included. — Costs

Note: Bond to keep the peace is different from bail shall include fees and indemnities in the course
bond which is posted for the provisional release of a of proceedings, whether they be fixed or
person arrested for or accused of a crime. Bond to unalterable amounts previously determined by
keep the peace is imposed as a penalty in threats law or regulations in force, or amounts not
(Art. 284). A bail bond secures the provisional
subject to schedule.
release fo a person after his arrest or during trial but
before final judgment of conviction.

Costs include:

1. Fees

Art. 36. Pardon, its effects. —A pardon shall not

2. I n d e m n i t i e s , i n t h e c o u r s e o f j u d i c i a l
work the restoration of the right to hold public proceedings

office, or the right of suffrage, unless such rights

be expressly restored by the terms of the Costs which are expenses of litigation are
pardon. chargeable to the accused only in cases of
conviction.

A pardon shall in no case exempt the culprit

from the payment of the civil indemnity imposed In case of acquittal, the costs are de oficio, each
upon him by the sentence. party bearing his own expenses.

Effects of Pardon by the President

No costs shall be allowed against the republic,
unless otherwise provided by law.

1. A pardon shall not restore the right to hold

public office or the right of suffrage.
The payment of costs is a matter that rests entirely
upon the discretion of courts. Appeal will hardly lie
Exception: When any or both such rights is or are to interfere with the discretion.

expressly restored by the terms of the pardon.

Art. 38. - Pecuniary liabilities - Order of payment.

2. It shall not exempt the culprit from the payment - In case the property of the offender should not
of the civil indemnity. The pardon cannot make be sufficient for the payment of all his pecuniary
an exception to this rule.
liabilities, the same shall be met in the following
order:
Limitations upon the exercise of the pardoning
power
1. The reparation of the damage caused
2. Indemnification of the consequential
1. That the power can be exercised only after
damages (may include hospital bills, the salary
conviction;

which the victim failed to earn)

The grant of pardon, whether full or conditional, is 3. Fine
prohibited to an accused during the pendency of 4. Costs of proceedings
his appeal from his conviction by the trial court.
Such application should not be acted upon nor Fines and indemnities imposed upon either
processed unless the appeal is withdrawn. The husband or wife may be enforced against the
agencies or instrumentalities of the Government partnership assets if the spouse who is bound
concerned must require proof from the accused should have no exclusive property or if it shall be
that he has not appealed from his conviction or that insufficient, which presupposes that the conjugal
he has withdrawn his appeal through a certification partnership is still existing.

issued by the trial court or appellate court as the

case may be.
Art. 39. - If the convict has no property with
which to meet the fine mentioned in paragraph 3
General rule: Only the principal penalty is of the next preceding article, he shall be subject
extinguished but not the accessory penalties to a subsidiary personal liability at the rate of
attached to it.
one day for each amount equivalent to the
highest minimum wage rate prevailing in the
Philippines at the time of the rendition of
37 of 49
judgment of conviction by the trial court, subject 1. Reparation of the damage caused

to the following rules: 2. Indemnification of the consequential damages

3. The costs of the proceedings

1. If the principal penalty imposed be prision

correctional or arresto and fine, he shall Subsidiary imprisonment is not an accessory
penalty. It is a penalty imposed upon the acused
remain under confinement until his fine
and served by him in lieu of the fine which he fails
referred in the preceding paragraph is to pay on account of insolvency.

satisfied, but his subsidiary imprisonment

shall not exceed one-third of the term of the Outline of the rules on subsidiary imprisonment

sentence, and in no case shall it continue for

more than one year, and no fraction or part of 1. If the penalty imposed is prision correccional or
a day shall be counted against the prisoner. arresto and fine — subsidiary imprisonment
shall not exceed 1/3 of the term of the sentence;
2. When the principal penalty imposed be only a and shall not continue for more than one year.
fine, the subsidiary imprisonment shall not Fraction of a day not counted.

exceed six months, if the culprit shall have

been prosecuted for a grave or less grave 2. When the penalty is fine only — subsidiary
imprisonment shall not exceed six months, if a
felony, and shall not exceed fifteen days if for
grave or less grave felony; and shall not exceed
a light felony. 15 days if a light felony.

3. When the principal penalty imposed is higher 3. When the penalty is higher than prision
than prision correctional, no subsidiary correccional — no subsidiary imprisonment.

imprisonment shall be imposed upon the

culprit. 4. If the penalty imposed is not to be executed by
confinement, but of fixed duration — subsidiary
4. If the principal penalty imposed is not to be penalty shall consist in the same deprivations as
executed by confinement in a penal those of the principal penalty, under the same
institution, but such penalty is of fixed rules as 1, 2 and 3.

duration, the convict, during the period of

5. In case the financial circumstances of the
time established in the preceding rules, shall
convict shall improve, he shall pay the fine.

continue to suffer the same deprivations as

those which the principal penalty consists. The penalty imposed must be ONLY the following:

1. prision correccional

5. The subsidiary personal liability which the 2. arresto mayor

convict may have suffered by reason of his 3. arresto menor

insolvency shall not relieve him from the fine 4. suspension

in case his financial circumstances should 5. destierro

improve. 6. fine

Subsidiary penalty- it is a subsidiary personal Even if the penalty imposed is not higher than
liability to be suffered by the convict who has no prision correccional, if the accused is a habitual
property with which to meet the fine, at the rate of delinquent who deserves an additional penalty of 12
one day for each amount equivalent to the highest years and one day of reclusion temporal, there is no
minimum wage rate prevailing in the Philippines at subsidiary imprisonment.

the time of the rendition of judgment or conviction

by the trial court.
It is the penalty imposed by the Court, not the
penalty provided for by the Code, which should be
Rate of subsidiary imprisonment per day has been considered in determining whether or not subsidiary
increased to the highest minimum wage rate in the imprisonment should be imposed. (Interplay of
NCR at the time of rendition of judgment of mitigating and aggravating circumstances)

conviction by the trial court.

No subsidiary penalty in the following:

An accused cannot be made to undergo subsidiary

imprisonment in case of insolvency to pay the fine 1. When the penalty imposed is higher than prision
imposed upon him when the subsidiary correccional

imprisonment is not imposed in the judgment of 2. For failure to pay the reparation of the damage
conviction.
caused, indemnification of the consequential
damage and the costs of proceedings

No subsidiary imprisonment for:

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3. When the penalty imposed is fine and a penalty Death, when not • Perpetual absolute
not to be executed by confinement in a penal executed by reason of disqualification

institution (destierro) and which has no fixed commutation or pardon • Civil interdiction for 30
duration (censure, etc)
years, unless expressly
remitted in the pardon
Section 3. - Penalties in which other accessory
penalties are inherent Reclusion perpetua and • Civil interdiction for life
temporal or during the sentence

Art. 40. Death - Its accessory penalties. — The • Perpetual absolute

disqualification, unless
death penalty, when it is not executed by reason
expressly remitted in the
of commutation or pardon shall carry with it that
pardon
of perpetual absolute disqualification and that of
civil interdiction during thirty years following the Prision mayor • Temporary absolute
date of sentence, unless such accessory disqualification

penalties have been expressly remitted in the • Perpetual special

pardon. disqualification from
suffrage, unless
expressly remitted in the
Art. 41. - Reclusion perpetua and reclusion
pardon
temporal — their accessory penalties. — The
penalties of reclusion perpetua and reclusion Prision correccional • Suspension from public
temporal shall carry with them that of civil office, profession or
interdiction for life or during the period of the calling

sentence as the case may be, and that of • Perpetual special

perpetual absolute disqualification which the disqualification from
offender shall suffer even though pardoned as to suffrage, if the duration
of imprisonment
the principal penalty, unless the same shall have
exceeds 18 months,
been expressly remitted in the pardon.
unless expressly
remitted in the pardon
Art. 42. - Prision mayor — Its accessory
penalties. — The penalty of prision mayor shall Arresto • Suspension of the right
carry with it that of temporary absolute to hold office and the
disqualification and that of perpetual special right of suffrage during
disqualification from the right of suffrage which the term of the sentence
the offender shall suffer although pardoned as to
the principal penalty, unless the same shall have Note: Destierro has no accessory penalty. There is
been expressly remitted in the pardon. likewise no accessory penalty attached to the death
penalty, for obvious reasons.

Art. 43. - Prision correccional —Its accessory

penalties. —The penalty of prision correccional Absolute pardon for any crime for which one year
imprisonment or more was meted out restores the
shall carry with it that of suspension from public
prisoner to his political rights. Where the penalty is
office, from the right to follow a profession or less than one year, disqualification does not attach,
calling, and that of perpetual or special except when the crime committed is one against
disqualification from the right of suffrage, if the property. The nature of the crime becomes
duration of said imprisonment shall exceed 18 immaterial when the penalty imposed is one year
months. The offender shall suffer the imprisonment or more.

disqualification provided in this article although

pardoned as to the principal penalty, unless the Accessory penalties need not be expressly
same shall have been expressly remitted in the imposed; they are deemed imposed.

pardon.
Art. 45. Confiscation and forfeiture of the
Art. 44. - Arresto - Its accessory penalties —The proceeds or instruments of the crime. — Every
penalty of arresto shall carry with it that of penalty imposed for the commission of a felony
suspension of the right to hold office and the shall carry with it the forfeiture of the proceeds
right of suffrage during the term of sentence. of the crime and the instruments or tools with
which it was committed.
Penalty Inherent Accessory
Penalties Such proceeds and instruments or tools shall be
confiscated and forfeited in favor of the
39 of 49
government, unless they be the property of a Exception: When the law fixes a penalty for
third person not liable for the offense, but those frustrated or attempted felony.

articles which are not subject of lawful

commerce shall be destroyed. Example: The penalty for consummated robbery
with homicide (Art. 294) is reclusion perpetua to
Things to remember:
death. If the robbery was attempted or frustrated,
the penalty is not one two degrees or one degree
1. Every penalty imposed carries with it the lower than said penalty, but reclusion temporal in its
forfeiture of the proceeds of the crime and the maximum period to reclusion perpetua as
instruments or tools used in the commission of prescribed in Art. 297.

the crime.

2. The proceeds and instruments or tools of the Graduation of penalties by degrees or periods

crime are confiscated and forfeited in favor of

the government.
The graduation of penalties by degrees refers to
3. Property of a third person not liable for the stages of execution (consummated, frustrated or
offense is not subject to confiscation and attempted) and to the degree of criminal
forfeiture.
participation of the offender (whether as principal,
4. Property not subject of lawful commerce accomplice or accessory).

(whether it belongs to the accused or a third

person) shall be destroyed.
The division of a divisible penalty into three periods,
as maximum, medium and minimum, refers to the
A penalty cannot be imposed unless there is a proper period of the penalty which should be
criminal case filed, the case is tried, and the imposed when aggravating or mitigating
accused is convicted.
circumstances attend the commission of the crime.

The forfeiture of the proceeds or instruments of the Art. 48. - Penalty for complex crimes. - When a
crime cannot be ordered if the accused is acquitted single act constitutes two or more grave or less
because no penalty is imposed.
grave felonies, or when an offense is a
necessary means for committing the other, the
The court cannot order the confiscation of property penalty for the most serious crime shall be
belonging to a third person if the latter is not imposed, the same to be applied in its maximum
indicated although there is sufficient ground to hold period.
him guilty of the acts for which the accused has
been convicted.
Art. 48 requires the commission of at least two
crimes. But the two or more grave or less grave
Forfeiture and confiscation of instruments and felonies must be the result of a single act, or an
proceeds of the offense are accessory penalties.
offense must be a necessary means for committing
the other.

APPLICATION OF PENALTIES
In complex crime, although two or more crimes are
Art. 46. - Penalty to be imposed upon principals actually committed, they constitute only one crime
in general. — The penalty prescribed by law for in the eyes of the law as well as in the conscience
the commission of a felony shall be imposed of the offender. The offender has only one criminal
upon the principals of such felony. intent. Hence, there is only one penalty imposed for
the commission of a complex crime.

Whenever the law prescribes a penalty for a

Two kinds of complex crimes

felony in general terms, it shall be understood as

applicable to the consummated felony.
1. COMPOUND CRIME - When a single act
constitutes two or more grave or less grave
Penalty prescribed by law in general terms shall be
imposed:
felonies

1. Upon the principals

Requisites

2. For consummated felony

• That only a single act is performed by the offender

• That the single act produces (1) two or more grave

felonies OR (2) one or more grave and one or
Example: Art. 249 provides the penalty of reclusion
more less grave felonies OR (3) two or more less
termporal in the crime of homicide. That penalty is
grave felonies.

intended for the principal in a consummated

homicide.

Several light felonies resulting from one single act

should be treated and punished as separate
40 of 49
offenses or may be absorbed by the grave felony. There is likewise no complex crime when trespass
(Example: multiple counts of slight physical injuries)
to dwelling is a direct means to commit a graver
offense like rape, homicide, murder, etc. The
When the crime is committed by force or violence, trespass to dwelling will be considered as an
slight physical injuries are absorbed. Example: The aggravating circumstance of unlawful entry or of
crime of slight physical injuries is absorbed in the breaking a part of the dwelling.

crime of direct assault and rape (when injuries are

inflicted on the girl’s genital organ).
When the offender had in his possession the funds
which he misappropriated, the falsification of a
Note: Less serious physical injuries is a less grave public or official document involving said funds is a
felony. Slight physical injuries is a light felony.
separate offense. (Example: Municipal treasurer)

Rape with homicide is a special complex crime not However, when the offender had to falsify a public
covered by Art. 48. Art. 266-B shall apply.
or official document to obtain possession of the
funds which he misappropriated, the falsification is
When in obedience to an order, several accused a necessary means to commit the malversation.

simultaneously shot many persons, without

evidence how many each killed, there is only a • That both or all the offenses must be punished
single offense, there being a single criminal impluse. under the same statute.

(People vs Lawas)

—> Such ruling only applies when there is no There is no complex crime where one of the
evidence at all to show the number of persons killed offenses is penalized by a special law.

by each of several defendants. It is not applicable

where there was conspiracy to perpetuate the The use of an unlicensed firearm in murder or
killings.
homicide is now considered not as a separate
c r i m e , b u t m e re l y a s p e c i a l a g g r a v a t i n g
This provision is likewise applicable to crimes circumstance. (R.A. no. 8294)

through negligence.

There is no complex crime of rebellion with murder,

2. When an offense is a necessary means for arson, robbery or other common crimes. Such
committing the other common crimes are absorbed or inherent in the
crime of rebellion. But a rebel who, for some
Requisites:
independent or personal motives, commits murder
or other common offenses in addition to rebellion,
• That at least two offenses are committed
may be prosecuted for and convicted of such
common crimes.

Example: (1) Falsification of a public document by

an accountable officer is an offense which is Art. 48 is intended to favor the culprit. When two or
necessary to commit malversation, which is another more crimes are the result of a single act, the
offense. (2) Simple seduction by means of usurping offender is deemed to be less perverse than when
of official functions is another. (3) Abduction as a he commits said crimes through separate and
necessary means for committing rape.
distinct acts.

• That one or some of the offenses must be When two felonies constituting a complex crime are
necessary to commit the other
punishable by imprisonment and fine respectively,
only the penalty of imprisonment should be
Necessary means has been interpreted not to mean imposed. This is because fine is not included in the
indispensable means, because if it did, then the list of penalties in the order of severity, and it is the
offense would be an indispensable element of the last in the graduated scales in Art. 71 of the Revised
latter and would be an ingredient thereof.
Penal Code.

When in the definition of a felony, one offense is a In the order of severity of penalties, arresto mayor
means to commit the other, there is no complex and arresto menor are considered more severe than
other. In murder where the killing of a person is destierro (Art. 70, RPC), and arresto menor is higher
qualified by the circumstance that it was committed in degree than destierro (Art. 71, RPC) even if both
by means of fire or by means of explosion (Art. 248 arresto mayor and destierro are classified as
par. 3), there is no complex crime.
correctional penalties, and arresto menor is only a
light penalty.

Subsequent acts of intercourse, after forcible

abduction with rape, are separate acts of rape.
When a complex crime is charged and one offense
is not proven, the accused can be convicted of the
other notwithstanding the evidence failing to
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support the charge as to one of the component Not being a complex crime, the penalty for
offenses.
continued crime is not to be imposed in its
maximum period.

RA no. 7659 introduced the special complex crime

of Kidnapping with Murder or Homicide. Where the A continued crime is different from a transitory
person kidnapped is killed in the course of the crime which is defined in criminal procedure to
detention, regardless of whether the killing was define venue. An example of transitory/moving
purposely sought or was merely an afterthought, crime is kidnapping a person for the purpose of
the kidnapping and murder or homicide can no ransom by forcibly taking the victim from Manila to
longer be complexed under Art. 48, nor be treated Bulacan where ransom was demanded. The
as separate crimes, but shall be punished as a offenders could be prosecuted and tried either in
special complex crime under Art. 267 of RA no. Manila or Bulacan.

7659.

Art. 49. Penalty to be imposed upon the

Plurality of crimes - consists in the successive principals when the crime committed is different
execution by the same individual of different from that intended. - In cases in which the felony
criminal acts upon any of which no conviction has committed is different from that which the
yet been declared.
offender intended to commit, the following rules
shall be observed:
1. Formal or ideal plurality - there is but one
criminal liability in this kind of plurality

2. Real or material plurality - there are different 1. If the penalty prescribed for the felony
crimes in law as well as in the conscience of the committed be higher than that corresponding
offender. In such cases, the offender shall be to the offense which the accused intended to
punished for each and every offense that he commit, the penalty corresponding to the
committed.
latter shall be imposed in its maximum
period.
Formal or Ideal Plural Crimes
2. If the penalty prescribed for the felony
committed be lower than that corresponding
1. When the offender commits any of the complex to the one which the accused intended to
crimes defined in Art. 48 of the Code
commit, the penalty for the former shall be
2. When the law specifically fixes a single penalty
imposed in its maximum period.
for two or more offenses committed (Robbery
with Homicide under Art. 294, Kidnapping with 3. The rule established by the next preceding
serious physical injuries under Art. 267 par. 3)
paragraph shall not be applicable if the acts
3. When the offender commits continued crimes
committed by the guilty person shall also
constitute an attempt or frustration of
Continued crime - it is a single crime consisting of a another crime, if the law prescribes a higher
series of acts but all arising from one criminal penalty for either of the latter offenses, in
resolution.
which case the penalty provided for the
attempt or the frustrated crime shall be
Examples of Continued Crimes:
imposed in its maximum period.
1. A c o l l e c t o r o f a c o m m e r c i a l fi r m Outline of Rules

misappropriates for his personal use several

amounts collected by him from different 1. If the penalty for the felony committed be higher
persons. There is one crime only,, because the than the penalty for the offense which the
different and successive appropriations are but accused intended to commit, the lower penalty
the different moments during which one criminal shall be imposed in its maximum period.

resolution arises and a single defraudation 2. If the penalty for the felony committed be lower
develops.
than the penalty for the offense which the
2. A thief who takes from the yard of a house two accused intended to commit, the lower penalty
game roosters belonging to two different shall be imposed in its maximum period

persons. (There is unity of thought in the 3. If the act committed also constitutes an attempt
criminal purpose of the offender)
or frustration of another crime, and the law
prescribes a higher penalty for either of the
A continued crime is not a complex crime, because latter, the penalty for the attempted or frustrated
the offender in continued or continuous crime does crime shall be imposed in its maximum period.

not perform a single act but a series of acts, and

one offense is not a necessary means to commit Article 49 applies only when there is a mistake in
the other.
the identity of the victim of the crime, and the

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penalty for the crime committed is different from next lower in degree than that prescribed by law
that for the crime intended to be committed.
for the frustrated felony
Art. 55. - Penalty to be imposed upon
Example: A, thinking that the person walking in a accessories of a frustrated crime. - The penalty
dark alley was B, a stranger, fired at that person, lower by two degrees than that prescribed by
who was killed as a result. It turned out that person
law for the frustrated felony
was C, the father of A.

The crime actually committed is parricide, Art. 56. - Penalty to be imposed upon
punishable by reclusion perpetua to death. The accomplices in an attempted crime - The penalty
crime which A intended to commit is homicide. next lower in degree than that prescribed by law
punishable by reclusion temporal. The penalty for for an attempt to commit a felony
homicide shall be imposed in its maximum period.

Art. 57. - Penalty to be imposed upon

But suppose A wanted to kill his father. When A saw accessories of an attempted crime. - The
a person coming and thinking that it was his father penalty lower by two degrees than that
coming, A shot him. It turned out that the person prescribed by law for the attempt
was a stranger. In this case, A should be punished
with the penalty for homicide to be applied in its Diagram of the Application of Penalties

maximum period.

Note: In either case, the lesser penalty is always to Consummated Frustrated Attempted
be imposed, only that it shall be imposed in its
maximum period.
Principals 0 1 2

Art. 49 is only applicable when the intended crime Accomplices 1 2 3

and the crime actually committed are punished with
Accessories 2 3 4
different penalties.

Rule no. 3 is not necessary because the cases Exception: Where the law expressly prescribes the
contemplated in that paragraph may well be penalty for a frustrated or attempted felony, or to be
covered by Art. 48 in view of the fact that the same imposed upon accomplices or accessories.

act committed by the guilty person which gives rise

to one crime, also constitutes an attempt or Bases for the determination of the extent of penalty
frustration of another crime.
to be imposed under the RPC

Art. 50.- Penalty to be imposed upon principals 1. The stage reached by the crime in its
of a frustrated crime - Penalty next lower in development (either attempted, frustrated or
degree than that prescribed by law for the consummated)

consummated felony 2. The participations therein of the persons liable

3. The aggravating or mitigating circumstances

Art. 51. - Penalty to be imposed upon principals which attended the commission of the crime

of attempted crime. - The penalty lower by two

Degree - one entire penalty, one whole penalty or
degrees than that prescribed by law for the
one unit of the penalties enumerated in the
consummated felony graduated scales provided for in Art. 71.

Art. 52. - Penalty to be imposed upon When there is a mitigating or aggravating

accomplices in a consummated crime - The circumstance, the penalty is lowered or increased
penalty next lower in degree than that by period only, except when the penalty is divisible
prescribed by law for the consummated felony and there are two or more mitigating circumstances
and without aggravating circumstances, in which
Art. 53. - Penalty to be imposed upon case the penalty is lowered by a degree.

accessories to the commission of a frustrated

felony — The penalty lower by two degrees than Period - is one of the three equal portions, called
that prescribed by law for the consummated minimum, medium and maximum of a divisible
penalty.

felony
Art. 58. - Additional penalty to be imposed upon
Art. 54. - Penalty to be imposed upon
certain accessories. - Those accessories falling
accomplices in a frustrated crime - The penalty
within the terms of par. 3 of Art. 19 of this Code

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who should act with abuse of their public Cases where an accomplice is punished as a
functions, shall suffer the additional penalty of principal

absolute perpetual disqualification if the 1. The ascendants, guardians, curators, teachers

principal offender shall be guilty of a grave and any person who by abuse of authority or
felony, and that of absolute temporary confidential relationship, shall cooperate as
accomplices in the crimes of rape, acts of
disqualification if he shall be guilty of a less
lasciviousness, seduction, corruption of minors,
grave felony. white slave trade or abduction (Art. 346)

2. O n e w h o f u r n i s h e d t h e p l a c e f o r t h e
Outline
 perpetration of the crime of slight illegal
detention (Art. 268)

Public officers who help the author of a crime by

misusing their office and duties shall suffer the Cases where certain accessories are punished with
additional penalties of:
a penalty one degree lower instead of two degrees

1. Absolute perpetual disqualification, if the 1. Knowingly using counterfeited seal or forged

principal offender is guilty of a grave felony.
signature or stamp of the President

2. Absolute temporary disqualification if the 2. Illegal possession and use of a false treasury or
principal offender is guilty of a less grave felony.
bank note (Art. 168)

3. Using a falsified document (Art. 173, par. 3)

Accessories are not liable for light felonies. (Art. 16)

4. Using a falsified dispatch (Art. 173, par. 2)

Art. 59. - Penalty to be imposed in case of failure Art. 61. - Rules for graduating penalties
to commit the crime because the means
employed or the aims sought are impossible. - Indivisible penalties:

When the person intending to commit an offense • Death

has already performed the acts for the execution • Reclusion perpetua

of the same but nevertheless the crime was not • Public censure

produced by reason of the fact that the act

intended was by its nature one of impossible Divisible penalties

accomplishment or because the means • Reclusion temporal

employed by such person are essentially • Prision mayor

inadequate to produce the result desired by him, • Prision correccional

the court, having in mind the social danger and • Arresto mayor

• Destierro

degree of criminality shown by the offender,

• Arresto menor

shall impose upon him the penalty of arresto • Fine

mayor or a fine ranging from 200 to 500 pesos.

1. When the penalty prescribed for the felony is
The penalty for impossible crime:
single and indivisible
1. Arresto mayor; OR

2. A fine ranging from 200 to 500 pesos

Reclusion perpetua is the penalty for kidnapping
and failure to return a minor (Art. 270)

Basis for imposition of proper penalty:

1. Social danger
Reclusion perpetua —> the penalty immediately
2. Degree of criminality shown by the offender
lower —> Reclusion temporal

The provision of Art. 59 is limited to those cases 2. When the penalty prescribed for the crime is
where the act performed would be grave felonies or composed of two indivisible penalties, or one
less grave felonies.
or more divisible penalties to be imposed to
their full extent
Art. 60. - Exceptions to the rules established in
Arts. 50-57. - The provisions contained in Art. • When the penalty is composed of two indivisible
50-57, inclusive, of this Code, shall not be penalties

applicable to cases in which the law expressly

prescribes the penalty provided for a frustrated Example: The penalty for parricide is reclusion
or attempted felony or to be imposed upon perpetua to death. Reclusion temporal is the
accomplices or accessories. penalty immediately following the lesser of the
penalties.

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• When the penalty is composed of one or more the penalty consisting in two periods down in
divisible penalties to be imposed in their full the scale
extent

3. If the penalty prescribed by the Code consists in

Example: One divisible penalty to be imposed to its only one period, the penalty next lower in
full extent is reclusion temporal; and two indivisible degree is the next period down in the scale.

penalties to be imposed to their full extent are

prision correccional to prision mayor. The penalty Example: The penalty next lower in degree to
immediately following the divisible penalty of prision correccional in its medium period is arresto
reclusion temporal is prision mayor, and the penalty mayor in its medium period.

immediately following the lesser of the penalties of

prison correccional to prision mayor is arresto Mitigating and aggravating circumstances are
mayor.
disregarded in the application of the rules for
graduating penalties. It is only after the penalty next
3. When the penalty prescribed for the crime is lower in degree is already determined that the
composed of one or two indivisible penalties mitigating and/or aggravating circumstances should
and the maximum period of another divisible be considered.

penalty
Art. 62. - Effect of the attendance of mitigating
The penalty for murder is reclusion temporal in its or aggravating circumstances and of habitual
maximum period to death. The penalty next lower is delinquency
prision mayor in its maximum period to the medium
period of reclusion temporal.
Paragraph 1:
Aggravating circumstances which (1) in themselves
When the penalty is composed of one indivisible constitute a crime especially punished by law OR
penalty and the maximum period of a divisible which (2) are included by the law in defining a crime
penalty and prescribing a penalty therefor are not to be
taken into account to increase the penalty.

Reclusion temporal in its maximum period to

reclusion perpetua.
Example:

4. When the penalty prescribed for the crime is (1) That the crime be committed by means of fire is
composed of several periods, corresponding not considered as aggravating in arson;

to different divisible penalties

That the crime be committed by means of
derailment of locomotive is not considered as
Prision mayor in its medium period to reclusion
aggravating in the crime known as damages and
temporal in its minimum period. -> Prision
obstruction to means of communication.

correccional in its medium period to prision mayor

(2) That the crime was committed in the dwelling of
in its minimum period.

the offended party is not aggravating in robbery

with force upon things;

5. When the law prescribed a penalty for a

crime in some manner not specially provided Abuse of confidence is not aggravating in qualified
for in the four preceding rules, the courts, theft committed with grave abuse of discretion.

proceeding by analogy, shall impose the

corresponding penalties upon those guilty as When maximum of the penalty shall be imposed:

principals of the frustrated felony, or of

attempt to commit the same, and upon 1. When in the commission of the crime,
accomplices and accessories advantage was taken by the offender of his
public position;

Simplified Rules
2. If the offense was committed by any person
who belongs to an organized/syndicated group.

1. If the penalty prescribed by the Code consists in

three periods, corresponding to different Organized/syndicated group - means a group of
divisible penalties, the penalty next lower in two or more persons collaborating, confederating or
mutually helping one another for purposes of gain in
degree is the penalty consisting in the three
the commission of any crime.

periods down in the scale.

Paragraph 2
2. If the penalty prescribed by the Code consists in
The same rule applies with respect to aggravating
two periods, the penalty next lower in degree is circumstances which are inherent in the crime.

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Example: Evident premeditation in robbery and crimes, the penalty being enhanced on account of
theft.
the criminal propensities of the accused.

Paragraph 3 Art. 63. - Rules for the application of indivisible

Aggravating or mitigating circumstances which arise penalties
from (1) the moral attributes of the offender, or (2)
from his private relations with the offended party, or 1. When the penalty is single indivisible, it shall be
(3) from any other personal cause, serve to applied regardless of any mitigating or
aggravate or mitigate the liability of the principals, aggravating circumstances

accomplices and accessories as to whom such

circumstances are attendant.
2. When the penalty is composed of two indivisible
penalties, the following rules shall be observed:

Paragraph 4
The circumstances which consist (1) in the material A. When there is only one aggravating
execution of the act, or (2) in the means employed circumstance, the greater penalty shall be
to accomplish it, shall serve to aggravate or mitigate imposed

the liability of those persons only who had B. When there is neither mitigating nor
knowledge of them at the time of the execution of aggravating circumstances, the lesser
the act or their cooperation therein.
penalty shall be imposed

C. When there is a mitigating circumstance and

Example: The aggravating circumstance of no aggravating circumstance, the lesser
treachery should not be considered as against the penalty shall be imposed

principal by induction when he left to the principal D. When both mitigating and aggravating
by direct participation the means, modes or circumstances are present, the court shall
methods of the commission of the felony.
allow them to offset one another.

Paragraph 5 Exception: When a privilege mitigating

Additional penalty for habitual delinquency
circumstance under Art. 68 or Art. 69 is present.

1. Upon a third conviction, the culprit shall be

sentenced to the penalty provided by law for the When the crime is penalized with reclusion perpetua
last crime of which he is found guilty and to the to death, the lesser penalty should be imposed
additional penalty of prision correccional in its even when there is no mitigating circumstance
medium and maximum periods.
present.

2. Upon a fourth conviction, the culprit shall also Art. 64. - Rule for the application of penalties
be sentenced to the aditional penalty of prision which contain three periods.
mayor in its minimum and medium periods.

3. Upon a fifth or additional conviction, the culprit Art. 64 only applies when the penalty prescribed by
shall also be sentenced to the additional penalty law for the offense is reclusion temporal, prision
of prision mayor in its minimum period to mayor, prision correccional, arresto mayor, arresto
reclusion temporal in its minimum period.
menor or prision correccional to reclusion perpetua,
etc., because they are divisible into three periods.

The total of the two penalties shall not exceed 30

years. The two penalties refer to (1) the penalty for Outline of the rules

the last crime of which he is found guilty and (2) the 1. No aggravating and no mitigating - medium
additional penalty for being a habitual delinquent.
period

2. Only a mitigating - minimum period

NOTE: It is necessary that the subsequent crime 3. Only an aggravating - maximum period

must be committed after conviction of the former 4. When there are aggravating and mitigating —
crime.
the court shall offset those of one class against
the other according to their relative weight

The following must be alleged in the information

Note: A qualifying circumstance (treachery) cannot
be offset by a generic mitigating circumstance.

1. The dates of the commission of the previous

crimes
5. Two or more mitigating and no aggravating - the
2. The date of the last conviction or release
penalty next lower, in the period applicable,
3. The dates of the other previous convictions or according to the number and nature of such
releases
circumstances.

The imposition of additional penalties for habitual Example: Recidivism cannot be offset by any
delinquency is constitutional. It is not an ex post mitigating circumstance.

facto law. It is simply a punishment on future

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6. No penalty greater than the maximum period of more particularly to the wealth or means of the
the penalty prescribed by law shall be imposed, culprit.
no matter how many aggravating circumstances
are present.
The court can fix any amount of the fine within the
7. The court can determine the extent of the limits established by law.

penalty “within the limits of each period,

according to the number” and “nature” of the The court must consider—

aggravating and mitigating circumstances and a. The mitigating and aggravating circumstances

the greater or lesser “extent of the evil” b. More particularly, the wealth or means of the
produced by the crime.
culprit

C a s e s w h e re m i t i g a t i n g a n d a g g r a v a t i n g The court may also consider, in the imposition of

circumstances are not considered in the imposition the proper amount of the fine, other factors, such as
of penalty
the gravity or seriousness of the crime committed,
the heinousness of its perpetration, and the
1. When the penalty is single and indivisible (Art. magnitude of its effects on the offender’s victims.

63)

2. In felonies through negligence

Art. 67. Penalty to be imposed when not all the
3. The penalty to be imposed upon a Moro or requisites of exemption of the fourth
other non-Christian inhabitants. It lies in the
circumstance of Art. 12 are present. - When all
discretion of the trial court, irrespective of the
attending circumstances
the conditions required in circumstance no. 4 of
4. When the penalty is only a fine imposed by an Art. 12 of this Code to exempt from criminal
ordinance
liability are not present, the penalty of arresto
5. When the penalties are prescribed by special mayor in its maximum period to prision
laws
correccional in its minimum period shall be
imposed upon the culprit, if he shall have been
Art. 65. - Rules in cases in which the penalty is guilty of a grave felony, and arresto mayor in its
not composed of three periods. - In cases in minimum and medium periods, if of a less grave
which the penalty prescribed by law is not period.
composed of three periods, the courts shall
apply the rules contained in the foregoing This article refers to the exempting circumstance of
articles, dividing into three equal portions the accident. The conditions necessary to exempt from
time included in the penalty prescribed, and liability are:

forming one period of each of the three periods. 1. That the act causing the injury be lawful; that is,
permitted not only by law but also by
Meaning of the rule
regulations

2. That it be performed with due care

1. Compute and determine first the three periods 3. That the injury be caused by mere accident, i.e.
of the entire penalty.
by an unforseen event

2. The time included in the penalty prescribed 4. That there be no fault or intention to cause the
should be divided into three equal portions, after injury

subtracting the minimum (eliminate the 1 day)

from the maximum of the penalty.
If all these conditions are not present = act is
3. The minimum of the minimum period should be reckless imprudence.

the minimum of the given penalty (including the

1 day)
If it is a mere lack of precaution in those cases
4. The quotient should be added to the minimum where either the threatened harm is not imminent or
prescribed and the total will represent the the danger is not openly visible = simple
maximum of the minimum period. Take the imprudence. The case will fall under Art. 365 par. 1

maximum of the minimum period, add one day

and make it the minimum of the medium period, The penalty provided in Art. 67 is the same as that
etc.
in Art. 365.

Art. 66. Imposition of fines. - In imposing fines, Art. 68. - Repealed by RA 9344
the courts may fix any amount within the limits
1. A child 15 years and under is exempt from
established by law; in fixing the amount in each
criminal responsibility

case attention shall be given, not only to the 2. A child above 15 years but below 18 years of
mitigating and aggravating circumstances, but age is exempt from criminal liability unless he/
she has acted with discernment.

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An offender over 15 years but under 18 years of age Outline of rules

shall be exempt from criminal liability and be

subject to an intervention program.
1. When the culprit has to serve two or more
penalties, he shall serve them simultaneously if
If the offender over 15 but under 18 years of age the nature of the penalties will so permit.

acted with discernment, he/she shall be subjected 2. Otherwise, the order of their respective severity
to diversion proceedings.
shall be followed

3. The respective severity of the penalties is as

If the court finds that the objective of the dispositive follows:

measures imposed upon the child in conflict with

the law has not been fulfilled, or if the child in A. Death

conflict with the law has wilfully failed to comply B. Reclusion perpetua

with the conditions of his/her disposition or C. Reclusion temporal

rehabilitation program, the child in conflict with the D. Prision mayor

law shall be brought before the court for execution E. Prision correccional

of judgment.
F. Arresto mayor

G. Arresto menor

The exemption from criminal liability does not H. Destierro

include exemption from civil liability which shall be I. Perpetual absolute disqualification

enforced in accordance with existing laws.

J. Temporary absolute disqualification

K. Suspension from public office, the right to

The parents shall be liable for damages unless they vote and be voted for, the right to follow
prove, to the satisfaction of the court, that they profession or calling and

were exercising reasonable supervision over the L. Public censure

child at the time the child committed the offense

and exerted reasonable effort and utmost diligence Penalties which can be simultaneously served:

to prevent or discourage the child from committing

another offense.
1. Perpetual absolute disqualification

2. Perpetual special disqualification

The court may, after it shall have convicted and 3. Temporary absolute disqualification

sentenced a child in conflict with the law, and upon 4. Temporary special disqualification

application at any time, place the child probation in 5. Suspension

lieu of service of his/her sentence taking into 6. Destierro

account the best interest of the child. (Sec. 4 of the 7. Public censure

Probation Law of 1976)

8. Fine and bond to keep the peace

9. Civil interdiction

Art. 69. - Penalty to be imposed when the crime 10. Confiscation and payment of costs

committed is not wholly excusable. — A penalty

lower by one or two degrees than that The above penalties, except destierro, can be
prescribed by law shall be imposed if the deed is served simultaneously with imprisonment.

not wholly excusable by reason of the lack of

some of the conditions required to justify the Penalties consisting in deprivation of liberty cannot
same or to exempt from criminal liability in the be served simultaneously by reason of the nature of
such penalties.

several cases mentioned in Arts. 11 and 12,

provided that the majority of such conditions be The order of the respective severity of the penalties
present. The courts shall impose the penalty in shall be followed so that they may be executed
the period which may be deemed proper, in view successively. The time of the subsequent sentences
of the number and nature of the conditions of do not commence to run until the expiration of the
exemption present or lacking. first.

Note: Unlawful aggression is indispensable in self- Imprisonment must be served before destierro.
defense, defense of strangers and defense of Arresto menor is more severe than destierro.

stranger.

Three-fold rule - the maximum duration of the

When the majority of the requisites of self-defense convict’s sentence shall not be more than three
and two mitigating without aggravating times the length of time corresponding to the most
circumstances are present, the penalty is three severe of the penalties imposed upon him. This only
degrees lower.
applies when the convict has to serve at least four
penalties.

Art. 70. Successive service of sentences.

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The law has also limited the duration of the
maximum term of imprisonment to not more than
40 years.

If the sentence is indeterminate, the maximum term

is to be considered.

Different systems of penalty

1. The material execution system —Par. 1, 2 and 3

2. The juridical accumulation system - Par. 4, 5,

6 ;The three-fold rule

3. The absorption system - complex crimes,

continuing crimes, and specific crimes like
robbery with homicide

Art. 71. - Graduated scales. - In the cases in

which the law prescribes a penalty lower or
higher by one or more degrees than another
given penalty, the rules prescribed in Art. 61
shall be observed in graduating such penalty.

The lower or higher penalty shall be taken from

the graduated scale in which is comprised the
given penalty.

The courts, in applying such lower or higher

penalty, shall observe the following graduated
scales:
SCALE NO. 1
1. Death
2. Reclusion perpetua
3. Reclusion temporal
4. Prision mayor
5. Prision correccional
6. Arresto mayor
7. Destierro
8. Arresto menor
9. Public censure
10. Fine

SCALE NO. 2
1. Perpetual absolute disqualification
2. Temporary absolute disqualification
3. Suspension from public office, the right to
vote and be voted for, and the right to follow
a profession or calling
4. Public censure
5. Fine

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