Criminal Law 1: By: Atty. Juvi H. Gayatao

CRIMINAL LAW 1
by: ATTY. JUVI H. GAYATAO

Garden of Eden
HISTORICAL BACKGROUND
When the Spanish Colonizers came,

Royal Decree of 1870 made the Spanish
Codigo Penal applicable and extended to
the Philippines.
This was made effective in the Philippines
on July 14, 1876.
RAFAEL DEL PAN

ANACLETO DIAZ
CRIMINAL LAW
DEFINITION OF TERMS
1.) Law
-Rule of conduct, just and obligatory,
promulgated by competent authority for
common observance and benefits.
CRIMINAL LAW
5.) CRIMINAL LAW

-Defined as a branch of public or municipal law, which
defines crimes, treats of their nature and provides
for their punishment.
6.) Omission
-Inaction, failure to do a positive duty, which one is
bound to do.
7.) Act
-Any bodily movement tending to produce some effect in
the external world.
CRIMINAL LAW
2.) Crime
-Act or omission punishable by law. It is an act omitted or
committed in violation of public law forbidding or
commanding it.
3.) Felony
-Act or omission punishable by The Revised Penal Code.
4.) Offense
-Act or omission punishable by Special Laws.
5.) Infraction
- Act or omission punishable by LGU Ordinances.
PHILOSOPHIES UNDERLYING
CRIMINAL LAW SYSTEM
1.) Classical/Juristic Theory

Best remembered by the maxim “AN EYE
FOR AN EYE, A TOOTH FOR A TOOTH”
The purpose of penalty is retribution. The
offender is made to suffer for the wrong he
has done.
Criticized for being harsh.
CRIMINAL LAW SYSTEM
2.) Positive/Realistic Theory

The purpose of penalty is reformation.
Crimes are regarded as a social
phenomenon, which constrains a person to
do wrong although not his own volition.
There is no such thing as natural born killer.
Criticized as being too lenient.
CRIMINAL LAW SYSTEM
3.) Eclectic/Mixed Theory

Crimes that are economic and social in nature
should be dealt with in a positivist manner,
thus the law is more compassionate.
Heinous crimes should be dealt with in a
classical manner, thus capital punishment.
The Revised Penal Code follows the
mixed/eclectic theory.
BASIC MAXIMS
IN CRIMINAL LAW
1.) Doctrine of PRO REO

-Whenever a penal law is to be constructed
or applied and the law admits of two
interpretations, one lenient to the offender, and
one strict to the offender, the former
interpretation, which is lenient or favorable to
the offender, will be adopted.
BASIC MAXIMS
IN CRIMINAL LAW
1.) Doctrine of PRO REO

All doubts shall be construed in favor of
the accused.
 Presumption of innocence of the
accused.
BASIC MAXIMS
IN CRIMINAL LAW
2.) NULLUM CRIMEN, NULLA POENA

SINE LEGE
There is no crime when there is no law
punishing the same.
There is no common law crime in the
Philippines.
BASIC MAXIMS
IN CRIMINAL LAW
2.) NULLUM CRIMEN, NULLA POENA

SINE LEGE
Common Law Crimes are wrongful
which the community condemns as
contemptible, even though there is no
law declaring the act criminal.
BASIC MAXIMS
IN CRIMINAL LAW
3.) Actus on Facit Reum, Nisi Mens Sit

Rea
The act cannot be criminal where the
mind is not criminal.
Mistake of Fact
MISTAKE OF FACT
Misapprehension of fact on the part of the person

who caused injury to another. He is not criminally
liable.
Requisites:
1. The act done would have been lawful had the facts been as
the accused believe them to be
2. Intention is lawful.
3. Mistake must be without fault or carelessness by the
accused.
BASIC MAXIMS
IN CRIMINAL LAW
4.) Actus me invito est meus actus

An act done by me against my will is not
my act.
Applicable to exempting circumstances
particularly paragraph 5 and 6 of Art. 12 of
the RPC. (Irresistible Force and
Uncontrollable Fear.)
PURPOSES OF CRIMINAL LAW
1.) To reform (reformation);

2.) To deter others (deterrence);
3.) To prevent the offender from committing further
crimes (prevention);
4.) To defend the state against crimes (self-
defense);
5.) To set an example (exemplarity).
SOURCES OF CRIMINAL LAW
1.) The Revised Penal Code (Act. No.

3815) which took effect on January
01, 1932;
2.) Acts of the Philippine Legislature,
National Assembly, Congress of the
Philippine, Batasang Pambansa,
Presidential Decrees, Executive
Orders, etc.;
RULES ON CONSTRUCTION
OF PENAL LAWS
A penal law is liberally constructed in

favor of the offender.
Quantum of evidence is PROOF
BEYOND REASONABLE DOUBT.
PROOF
BEYOND REASONABLE DOUBT.
Proof beyond reasonable doubt does not

mean such a degree of proof, excluding
possibility of error, produces absolute
certainty. Moral certainty only is
required, or that degree of proof which
produces conviction in an unprejudiced
mind.
PROOF BEYOND
REASONABLE DOUBT.
Criminal cases are decided not on the

weakness of the defense but on the
strength of the evidence of the
prosecution.
Cases maybe dismissed even in trial in
absentia
LIMITATIONS
in Passing Penal Laws
The law must not be an “ex post facto” nor a bill

of attainder.
Must adhere to “due process clause”
Substantive
Procedural
Must not be cruel, degrading, inhuman etc.
PARTS OF THE REVISED
PENAL CODE
1.) Principles affecting Criminal Liability (Arts.

1-20)
2.) Penalties including liability (Arts. 21 to 113)
3.) Specific Felonies and their Penalties (Arts.
114-366)
EFFECTIVITY
OF THE REVISED PENAL CODE:
January 1, 1932.
THREE GENERAL CHARACTERISITICS OF
CRIMINAL LAW
1.) GENERALITY
That the law is binding upon all persons who
reside or sojourn in the Philippines, irrespective
of age, sex, color, creed or personal
circumstances. (Art. 114, NCC);
Exceptions to GENERALITY:
1. Treaty stipulation
2. Laws of preferential application
3. Principles of Public International Law.
Examples:
 Sovereigns and other head of state.
 Ambassador, minister plenipotentiary, minister
resident and charges d' affaires.
Except…
But consuls, vice-consuls and other

foreign commercial representatives
can not claim the privileges and
immunities accorded to ambassadors
and ministers
THREE GENERAL CHARACTERISITICS OF
CRIMINAL LAW
2.) TERRITORIALITY
That the law is applicable to all crimes committed
within the limits of Philippine territory, which
includes its atmosphere, interior waters and
maritime zone. (Art. 2, RPC, see Art. 1 of the
Philippine Constitution);
THE NATIONAL TERRITORY
The national territory comprises the Philippine

archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines
has sovereignty or jurisdiction, consisting of its terrestrial,
fluvial, and aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other
submarine areas.
The waters around, between, and connecting the

islands of the archipelago, regardless of their breadth
and dimensions, form part of the internal waters of the
Philippines.
Article 2 of the RPC
Binding even on crimes committed outside of the Philippines.
1. Offenses committed while on Philippine ship or airship.
2. Forging or counterfeiting any coin or currency note of the Philippines

or the obligations and securities issued by the government.
3. Introduction into the country of the above mentioned obligations and

securities.
4. While being public officers and employees, an offense is committed

in the exercise of their functions.
5. Crimes against national security and the law of the nations defined
in title I of Book II
EXTRA-TERRITORIAL
JURISDICTION
Rules as to jurisdiction over crimes committed

aboard a foreign merchant vessel:
1.) French Rule:
This rule suggest that such crimes are not
triable in the court of that country, unless
their commission affects the peace and
security or the safety of the state is
endangered.
EXTRA-TERRITORIAL
JURISDICTION
2.) English Rule:

Meaning, such crimes are triable in the country
where the vessel is located, unless they merely
affects things within the vessel or they refer to
the internal management thereof.
Take Note:
Philippines follow the English rule.
THREE GENERAL CHARACTERISTICS
OF CRIMINAL LAW
3.) IRRETROSPECTIVITY OR PROSPECTIVITY

That the law does not have any retroactive effect
(Art. 4, NCC)
Except
If it favors the offender (Art. 22, RPC)
Who is not a habitual criminal (Art. 62, par. 5
RPC).
OF CRIMINAL LAW
Penal laws shall not be given retroactive effect. Acts

or omission will only be subject to a penal law if they
are committed after a penal law had already taken
effect. Penal laws operate only prospectively.
Exception: If the penal law is favorable to the
accused.
Exception to the exception:
 If the accused is habitual delinquent.
 If the law say so
OF CRIMINAL LAW
A, was convicted for illegal Possession of

firearm in 1995. The penalty for IP of F/A at that
time was 12 years and 1 day to 20 years. On 1998
a law was passed lowering the penalty to 6 years
and 1 day to 10 years. Will the new law be given
retroactive effect to “A” that is now serving his
sentence?
OF CRIMINAL LAW
Answer:
Yes, the law can be retroactively
applied because it is favorable to the
accused.
Will your answer be the same if A is
habitual delinquent?
FELONIES & CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY
 ART. 3
-FELONIES (Either by dolo or culpa)
ELEMENTS
a.) There must be an act or omission
b.) Such act or omission is punishable by RPC; and
c.) Committed either by dolo or culpa.
FELONIES & CIRCUMSTANCES WHICH
AFFECT CRIMINAL LIABILITY
ELEMENTS OF DOLO ELEMENTS OF CULPA

 Intelligence  Intelligence
 Freedom  Freedom
 Criminal intent  Negligence/Impruden

ce
 Intent
-the purpose to use a particular means
to affect such result.
 Motive
-the moving power, which impels one to
action for a definite result, e.g. Jealousy,
Revenge.
 Proximate Cause
-That cause, which, in natural and continuous
sequence, unbroken by any efficient intervening
cause, produces injury, and without which the
result would not have been committed (Bataclan
V. Medina 102 Phil. 181)
 "el que es causa de la causa es causa del mal

causado"
 MALA INSE
-An act mala inse is a wrong act from its

very nature as those felonies punished in
the Revised Penal Code.
 MALA PROHIBITA
-An act mala prohibita is a wrong

because law prohibits it. Without the law
punishing the act, it cannot be
considered wrong.
ART. 4 – WHO INCURS
CRIMINAL LIABILITY
 Criminal liability shall be incurred by any person:

1.) Committing a felony (delito) although the wrongful act
done be different from that which he intended; and
2.) Performing an act which would be an offense against
persons or property, were it not for the inherent
impossibility of its accomplishment or on account of
the employment of inadequate or ineffectual means
(impossible crime – a crime of last resort).
ART. 4 – WHO INCURS
CRIMINAL LIABILITY
Error in personae (Mistake in Identity)

Aberratio Ictus (Mistake in Blow)
Praeter Intentionem (The act exceeds
the intent)
Impossible Crime
ART. 5 – DUTY OF COURTS:
1.) If the act charged is not punished by

law which the Court deems proper to
repress;
2.) In case of excessive penalty.
2 stages
in the development of a crime:
 1. INTERNAL ACTS
 - e.g. mere ideas of the mind
 NOT PUNISHABLE
 2. EXTERNAL ACTS
a. Preparatory acts - ordinarily not punishable except
when considered by law as independent crimes
(e.g. Art. 304, Possession of picklocks and similar
tools)
b. Acts of Execution - punishable under the RPC
ART. 6 – STAGES IN THE
COMMISSION OF FELONY
1.) Consummated Felony, A Felony is

consummated when all the elements
necessary for its execution and
accomplishment are present.
2.) Frustrated Felony, A felony is frustrated

when the offender performs all the acts
of execution, which would produce the
felony as a consequence, but, which,
nevertheless, do not produce it by
reason of cause independent of the will
of the perpetrator.
3.) Attempted Felony, There is an attempt

when the offender commence the crime
directly by overt acts, and does not
perform all the acts of execution which
would produce the felony by reason of
some cause or accident other than his
own spontaneous desistance.
What is an indeterminate offense?

 It is one where the purpose of the offender in
performing an act is not certain.
 Acts which are susceptible of double interpretation,
that is in favor as well as against the accused, and
which show an innocent as well as punishable act,
must not and can not furnish grounds by themselves
for attempted crime. (Peoples V. Lamahang. 61 Phil.
707)
FORMAL CRIMES
 Crimes that does not admit of

attempted nor frustrated
stages, Consummated all at
once.
Crimes, which do not admit of
Frustrated and Attempted Stages:
1. OFFENSES PUNISHABLE BY SPECIAL PENAL LAWS, unless the

law provides otherwise
2. FORMAL CRIMES – consummated in one instance

(Ex: slander, adultery, etc.)
3. IMPOSSIBLE CRIMES
4. CRIMES CONSUMMATED BY MERE ATTEMPT

(Ex: attempt to flee to an enemy country, treason, corruption of
minors)
5. FELONIES BY OMISSION
6. CRIMES COMMITTED BY MERE AGREEMENT

(Ex: betting in sports: “ending,” corruption of public officers)
Crimes which do not admit of
Frustrated Stage:
 Rape
 Bribery
 Corruption of Public Officers
 Adultery
 Physical Injury
 Arson
ART. 7 – WHEN LIGHT FELONIES
ARE PUNISHABLE:
 Light Felonies:
-are those infractions of law for the commission

of which the penalty of arresto menor or a fine not
exceeding 200 pesos, or both, is provided.
 General Rule:
-Light felonies are punishable ONLY when they

have been consummated.
 Exception: Light felonies committed against
persons or properties are punishable even if
attempted or frustrated.
ART. 8 – CONSPIRACY AND
PROPOSAL TO COMMIT A CRIME
 Conspiracy exists when two or more

persons come to an agreement concerning
the commission of a felony and decide to
commit it.
Proposal, There is a proposal when the

person who has decided to commit felony
proposes it execution to some other person
or persons. Requisites are:
Not Punishable Except:

 Rebellion
 Sedition (only Conspiracy)
 Treason
 Coup d’etat
 Espionage
 Kinds:
1.) Conspiracy and proposal to commit felony as a
crime.
Ex.
 Conspiracy and Proposal to commit Rebellion
 Conspiracy and Proposal to commit Treason
 Conspiracy to commit sedition.
2.) Conspiracy and Proposal to commit felony

as a manner of incurring criminal liability.
(The act of one is the act of all)
OVERT ACTS IN CONSPIRACY
MUST CONSIST OF:
1. Active participation in the actual commission of the

crime itself, or
2. Moral assistance to his co-conspirators by being
present at the time of the commission of the crime, or
3. Exerting a moral ascendancy over the other co-
conspirators by moving them to execute or
implement the criminal plan . People v. Abut, et
al. (GR No. 137601, April 24, 2003)
ART. 9 – CLASSIFICATION FELONIES
ACCORDING TO GRAVITY
1.) Grave felonies

-those which the law attaches a capital punishment or a
penalty which is afflictive in any its periods.
2.) Less Grave Felonies
-those in which the penalties in their maximum period are
correctional;
3.) Light Felonies
-those infractions of law in which the penalty of arresto
menor or a fine of not exceeding P200.00 or both.
Death
Reclusion Perpetua
Reclusion Temporal
Prision Mayor
Prision Correccional
Arresto Mayor
Arresto
Menor
De
sti
err
o
ART. 10 – OFFENSES NOT SUBJECT TO THE
PROVISIONS OF THE REVISED PENAL CODE
Suppletory in Nature
Offenses which are or in the future may be

punishable under special laws are not subject to
the provisions of this Code. This Code shall be
supplementary to such laws, unless the latter
should especially provide the contrary.
ART 11. – JUSTIFYING CIRCUMSTANCES
JUSTIFYING CIRCUMSTANCES
Those wherein the acts of the actor
are in accordance with law, and
hence, he incurs no criminal and
civil liability.
NO CRIME AT ALL!
ART 11. – JUSTIFYING CIRCUMSTANCES
1.) Self-defense
Requisites:
a.) Unlawful aggression
b.) Reasonable necessity of the means
employed to prevent or repel it; and
c.) Lack of sufficient provocation on the
part of the person defending himself.
People of the Philippines vs. Dolorido,
G.R. No. 191721, January 12, 2011).
Unlawful aggression is an actual physical assault, or

at least a threat to inflict real imminent injury, upon a
person.
In case of threat, it must be offensive and strong,
positively showing the wrongful intent to cause injury.
It “presupposes actual, sudden, unexpected or
imminent danger–not merely threatening and
intimidating action.” It is present “only when the one
attacked faces real and immediate threat to one’s life”
Test of Reasonableness

1. Weapon used by the aggressor
2. Physical condition, character, size
and circumstances of persons
defending himself
3. Place and occasion of assault
“STAND GROUND WHEN IN THE RIGHT”
The law does not require a person to

retreat when his assailant is rapidly
advancing upon him with a deadly
weapon.
Choose to fight and the law will protect
you.
ART 11. – JUSTIFYING
CIRCUMSTANCES
-In self-defense the burden of proof

rests upon the accused. His duty is to
established self-defense by clear and
convincing evidence; otherwise
conviction would follow from his
admission that he killed the victim.
(People v. Mercado 159 Phil. 453)
Kinds of Self-Defense
 Defense of person
 Self-defense of chastity – there must be an attempt to rape the

victim
 Defense of property – must be coupled with an attack on the
person of the owner, or on one entrusted with the care of such
property.
 Apply DOCTRINE OF SELF-HELP under the Civil Code
 Self-defense in libel – justified when the libel is aimed at a

person’s good name.
 RA 9262 (BWS)
RA 9262 (BWS)
 The law acknowledges that women who have retaliated

against their partners or who commit violence as a form of
self-defense may have suffered from battered women
syndrome (BWS).
 BWS is a “scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering
relationships as a result of cumulative abuse.” (Source: Salient
Features: A Guide to Anti-Violence Against Women and their
Children [RA 9262]. Philippine Information Agency and
National Commission on the Role of Filipino Women, 2004. )
 Any victim who suffers from BWS should be diagnosed by a
psychiatric expert or a clinical psychologist.
DEFENSE OF RELATIVES
 2.) Defense of relative
Elements:
1. Unlawful aggression
2. Reasonable necessity of the means employed to

prevent or repel it
3. In case the provocation was given by the person

attacked, the one making the defense had no part in
such provocation.
DEFENSE OF RELATIVES
Spouse, ascendants, descendants

Grandfather
Legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same
Son Daughter
degrees
Relatives by consanguinity
Grandson within Granddaughter
the fourth civil degree Grandson
CIRCUMSTANCES
3.) Defense of stranger
Elements:
1. Unlawful aggression
2. Reasonable necessity of the means employed to

prevent or repel it.
3. Person defending be not induced by revenge,

resentment, or other evil motive.
CIRCUMSTANCES
4.) State of Necessity

-doing an act which causes damage to another
to avoid an evil or injury.
Requisites:
a.) The evil to be avoided actually exists;
b.) The injury feared be greater than that done to
avoid it; and
c.) There be no other practical and less harmful
means of preventing it.
CIRCUMSTANCES
5.) Fulfillment of duty or exercise of right of

office.
6.) Obedience to superior order for a

lawful purpose.
ART. 12 – EXEMPTING
CIRCUMSTANCES
-those wherein there is an absence in

the agent of the crime any of the
conditions what would make an act
voluntary and, hence, although there is no
criminal liability, there is civil liability.
CIRCUMSTANCES
1.) An imbecile or an insane person,

unless the latter has acted during a lucid
interval;
IMBECILE- Those whose mental maturity is
between the age 3-7 yrs old.
2 Tests
 In People v. Rafanan, decided on November 21,
1991, the following are the two tests for exemption
on grounds of insanity:
 (1) The TEST OF COGNITION, or whether the
accused acted with complete deprivation of
intelligence in committing said crime; and
 (2) The TEST OF VOLITION, or whether the
accused acted in total deprivation of freedom of
will.
2.) A person under nine years of age;
3.) A person nine years old and over and under
fifteen, unless he has acted with discernment;
 Under RA 9344 (as amended by RA10630) or the

Juvenile Justice and Welfare Act, a minor 15 years
old and below is exempt from criminal liability.
 Above 15-below 18
 With discernment- liable but entitled to privileged
mitigating
 Without discernment- exempt from criminal
liability
CIRCUMSTANCES
Discernment - mental capacity to fully

appreciate the consequences of the unlawful
act which is shown by the:
1. Manner the crime was committed.
2. Conduct of the offender after its
commission.
CIRCUMSTANCES
4.) Any person who, while performing a

lawful act with due care, causes an
injury by MERE ACCIDENT without
fault or intention of causing it; (NO
CIVIL LIABILITY)
FORTUITOUS EVENT
• UNFORESEEN, IF FORESEEN, INEVITABLE
• ACTS OF GOD
CIRCUMSTANCES
5.) Any person who acts under the

compulsion of irresistible force;
6.) Any person who acts under the impulse
of an uncontrollable fear of an equal or
greater injury; and
7.) Any person who fails to perform an act
required by law, when prevented by
some lawful insuperable cause.
Insuperable Cause
Some motive, which has lawfully, morally, or
physically prevented a person to do what the
law command.
Elements:
1. An act is required by law to be done.
2. A person fails to perform such act.
3. His failure to perform such act was due to
some lawful or insuperable cause.

CIRCUMSTANCES
Other cases of non-liability for a felony:
1.) Prescription;
2.) Relationship in crimes of theft, swindling and malicious
mischief (Art. 332);
3.) Relationship in some accessories (Art. 20);
4.) Pardon by offended party and marriage between
offender and offended party;
5.) Infliction of physical injuries under stated conditions
(Art. 247);
6.) Amnesty; and
7.) Pardon by the Chief Executive.
8.) Instigation
9.) Spontaneous desistance in attempted stage.
ENTRAPMENT INSTIGATION
Ways and means resorted for Instigator induces would be

the capture of lawbreaker in accused to commit the crime,
the execution of his criminal instigator becomes co-
plan principal
The means originate from the Law enforcer conceived the

mind of the criminal commission of the crime and
suggest to the accused who
adopts the idea and carries
into its execution
Not a bar to the prosecution Will result in the acquittal of

and conviction of the the accused
lawbreaker
ARTICLE 13. MITIGATING
CIRCUMSTANCES
MITIGATING – (Art. 13) those that have the

effect of reducing the penalty because there is a
diminution of any of the elements of dolo or
culpa which makes the act voluntary or because
of the lesser perversity of the offender.
FORMS OF MITIGATING
Privileged Mitigating
Cannot be offset by aggravating
circumstance
Has the effect of lowering the penalty by
degrees
Ordinary Mitigating
Can be offset by aggravating
circumstance
CIRCUMSTANCES
1.) Those mentioned in the preceding

chapter when all the requisites necessary
to justify the act are not attendant.
 Incomplete self-defense. Unlawful
aggression on the part of the victim is an
indispensable requisite in order to be
entitled from privileged mitigating
circumstances (P. v. Mazo, Oct. 17, 2001)
CIRCUMSTANCES
2.) Under eighteen or over seventy years old.

-above 15-below 18 acting with discernment
-above 15-below 18 acting w/o discernment
(exempting)
-15 and below (exempting)
CIRCUMSTANCES
 3.) No intention to commit so grave a wrong as

that committed. (Praeter Intentionem)
 There must be a notable disproportion between the

intent and the resulting crime
CIRCUMSTANCES
4.)Sufficient provocation or threat on the part of the offended

party immediately preceded the act.
-This is mitigating only if the crime was committed on the

very person who made the threat or provocation.
- The SC used to lock “immediately” to 1 hour.
- It became 22 hours in one case.
- In PEOPLE V. DIOKNO, a Chinaman eloped with a

woman. Actually, it was almost three days before accused
was able to locate the house where the Chinaman brought
the woman. Sufficient provocation is present.
CIRCUMSTANCES
5.) Act was committed in the immediate vindication of a

grave offense to the one committing the felony.
-The vindication need not be done by the person upon

whom the grave offense was committed.
-The word “immediate” here does not carry the same

meaning as that under paragraph 4. The word
“immediate” here is an erroneous Spanish translation
because the Spanish word is “proxima” and not
“immediatementa.”
CIRCUMSTANCES
6.) Having acted upon an impulse so powerful as

naturally to have produced passion or
obfuscation.
a. Sufficient Provocation (para 4)
b. Vindication of Grave Offense (para 5)
c. Passion or Obfuscation (para 6)
The three (3) cannot exist at the same time.

CIRCUMSTANCES
7.) Voluntary surrender.
Requisites:
a. The offender has not been arrested;
b. He surrendered himself to a person in authority or
agent of a person in authority; and
c. His surrender was voluntary. (P. v. Gadia, Sept. 21,
2001)
CIRCUMSTANCES
8.) Voluntary confession of guilt. Not

appreciated where accused appellant merely
proposed to the prosecution that he plead guilty
to the crime of homicide during the pre-trial for
murder, which was rejected by the prosecution.
(P. v. Quinicio, Sept. 13,2001)
CIRCUMSTANCES
9.) Offender is deaf and dumb, blind or

suffering from physical defects that
restrict his means of action, defense or
communication.
10.) Such illness of the offender as would
diminish the exercise of the will-
power of the offender without depriving
him of the consciousness of his acts.
Analogous Cases
60 years old with failing sight (Pp vs. Reantillo
and Ruiz)
Outraged feeling of owner of animal taken for
ransom analogous to vindication of a grave
offense. (Pp vs. Monaga)
Voluntary restitution of stolen property is similar
to voluntary surrender (PP vs Luntao)
ARTICLE 14. AGGRAVATING
CIRCUMSTANCES
AGGRAVATING – (Art. 14) those which

serves to increase the penalty without
exceeding the maximum provided by law
because of the greater perversity of the
offender as shown by the motivating power of
the commission of the crime, the time and
place of its commission, the means employed
or the personal circumstance of the offender.
FORMS
 Generic- Applicable to almost all crimes.

 Specific- Applicable only to certain
crimes.
 Inherent- Already inherent in the crime.
 Qualifying- It changes the nature of the
crime.
CIRCUMSTANCES
Aggravating when the crime is committed

in any or through the following:
1.) Advantage by the offender’s public
position;
2.) In contempt of or with insult to the public
authorities;
CIRCUMSTANCES
(3. )With insult or disregard of the respect due the offended

party (RANK, SEX, AGE) or if in the offended party’s
DWELLING;
-If RANK, SEX and AGE are all together present, appreciate
only 1
 Aggravating only in crimes against persons and honor, not
against property like Robbery with homicide (People v. Ga,
156 SCRA 790)
 Dwelling need not be owned by the offended party. It is
enough that he used the place for his peace of mind, rest,
comfort and privacy.
CIRCUMSTANCES
4.) With ABUSE OF CONFIDENCE or OBVIOUS

UNGRATEFULNESS;
-This is aggravating only when the very
offended party is the one who reposed the
confidence.
5.) In the palace of the Chief Executive (in his

presence, where public are gathered in
discharge of their duties, or in places of religious
worship);
CIRCUMSTANCES
6.) In NIGHT TIME, or UNINHABITED

PLACE, or by a BAND);
Requisites:
1. Nighttime
2. Darkness of the night
3. Purposely sought
CIRCUMSTANCES
7.) ON THE OCCASION OF conflagration,

shipwreck, earthquake, epidemic or other
calamity or misfortune;
8.) With the AID OF ARMED MEN to insure or
afford impunity;
CIRCUMSTANCES
9.) Accused is RECIDIVIST;

10.) Offender has been previously punished by
an offense with an equal or greater penalty
or for two or more crimes with lighter
penalty;
Recidivism (Art. 14,par 9) Repetition (Art. 14. par 10)
-The offender at the time of the trial - The offender has been previously
for one crime shall have been punished for an offense to which the law
previously convicted by final attaches an equal or even greater penalty
judgment of another embraced in the or for two or more crimes to which it
same title attaches a lighter penalty.
Habitual Delinquency (Art. 62)

- The offender within a period of 10 years
Quasi-recidivism (Art. 160)
from the date of his release or last -Committing a felony after having
conviction of crimes serious or less been convicted by final judgment
serious PI, robo, hurto, estafa or before beginning to serve such
falsification, is found guilty third time or sentence or while serving sentence.
oftener.
CIRCUMSTANCES
11.) In consideration of a PRICE, REWARD, OR

PROMISE;
12.) By means of inundation, FIRE, POISON,
EXPLOSION, stranding of a vessel or
intentional damage thereto, derailment of
locomotive, or by the use of any other
ARTIFICE INVOLVING GREAT WASTE AND
RUIN;
CIRCUMSTANCES
13.) With EVIDENT PREMEDITATION;
Not to be appreciated where there is neither

evidence of planning or preparation to kill
nor the time when the plot was conceived.
EVIDENT PREMEDITATION
SUFFICIENT LAPSE OF
TIME
-COLD AND DEEP
MEDITATION, AND
TENECIOUS PERSISTENCE IN
THE ACCOMPLISHMENT OF EXECUTIO
PLANNING
THE CRIMINAL ACT. (People vs. N
Gonzales, 76 Phil. 473.)
Sufficient Lapse of Time
 US vs. Blanco, 18 Phil. 206- quarter of an hour is

NOT enough period of time.
 People vs. Pantoja, October 11, 1968- half an hour is
insufficient for full meditation and reflection.
 People vs. Dumdum, Jr. July 30, 1979- one hour is
sufficient time.
 People vs. Crisostomo, October 23, 1981- Two hours
is insufficient.
CIRCUMSTANCES
14.) Employing CRAFT, FRAUD OR DISGUISE;
15.) Advantage be taken of SUPERIOR STRENGTH,

or means employed to weaken the defense;
Abuse of Superior Strength. Use of excessive

force out of proportion to the means available to
the person attacked to defend himself. The use of
force must be deliberate on the part of the
malefactor. (People v. Almendras. Dec. 20, 2001)
CIRCUMSTANCES
16.) With TREACHERY;
Treachery. Exist when the offender commits any of the

crimes against person, employing means, methods or forms
in the execution thereof which tend directly ands specially to
insure its execution with out risk to himself arising form the
defense which offended party might make. (People v.
Perreras Dec. 5, 2001)
Suddenness of the attack does not by itself constitute

treachery in the absence of evidence that the manner of the
attack was consciously adopted by the offender to render the
offended party defenseless (People v. Ilagan, 191 SCRA 643).
CIRCUMSTANCES
17.) Means employed add IGNOMINY to the

natural effects of the act;
Dog style in Rape is ignominy. (G.R. No. L-
36941 June 29, 1984, People vs RAFAEL
SAYLAN)
People vs Torrefiel (1947)
 The novelty of the manner in which the accused

raped the victim by winding cogon grass around his
genitals augmented the wrong done by increasing
its pain and adding ignominy thereto.
CIRCUMSTANCES
18.) After an UNLAWFUL ENTRY;

19.) A WALL, ROOF, DOOR, OR WINDOW
BE BROKEN;
20.) With the aid of persons UNDER
FIFTEEN YEARS of age or by mean of
MOTOR VEHICLES, motorized
watercrafts, airships or other similar
means; and
CIRCUMSTANCES
 21.) Deliberately augmented by causing other

wrong not necessary for its commission.
 22.) Organized or syndicated crime group (RA
7659-qualifying)
 An organized or syndicated crime group means a
group of two or more persons collaborating,
confederating or mutually helping one another for
purposes of gain in the commission of a crime.
 23.) Use of Dangerous Drugs (RA 9165, sec 25-
qualifying)
ARTICLE 15. THEIR
CONCEPT
ALTERNATIVE – (Art. 15) those which

are either aggravating or mitigating
according to the nature and effects of the
crime and other conditions attending to its
commission. (RIDE)
ARTICLE 15. THEIR
CONCEPT
Relationship. Considered as generic

aggravating circumstances in crimes of
Rape and Acts of Lasciviousness. (P. v.
Toralba, August 9, 2001)
ARTICLE 15. THEIR
CONCEPT
Intoxication. It is mitigating when the

offender has committed a felony in a
state of intoxication, if the same is not
habitual or subsequent to the plan to
commit said felony. (People v.
Domingo, August 9, 2001)
Degree of instruction or education
of the offender.
ART. 16 – WHO ARE
CRIMINALLY LIABLE?
1.) Who are liable for Grave and Less Grave Felonies?
a.) Principals;
b.) Accomplices; and
c.) Accessories.
2.) Who are liable for Light Felonies?
a.) Principals; and
b.) Accomplices.
ART. 9 – CLASSIFICATION FELONIES
ACCORDING TO GRAVITY
1.) Grave felonies

-those which the law attaches a capital punishment or a
penalty which is afflictive in any its periods.
2.) Less Grave Felonies
-those in which the penalties in their maximum period are
correctional;
3.) Light Felonies
-those infractions of law in which the penalty of arresto
menor or a fine of not exceeding P200.00 or both.
Death
Reclusion Perpetua
Reclusion Temporal
Prision Mayor
Prision Correccional
Arresto Mayor
Arresto
Menor
De
sti
err
o
TAKE NOTE…
1. Determine if there is CONSPIRACY.
2. With CONSPIRACY- COLLECTIVE CRIMINAL

LIABILITY, disregard degree of participation.
3. Without CONSPIRACY- INDIVIDUAL CRIMINAL

LIABILITY, determine degree of participation.
ART. 17 – WHO ARE
PRINCIPALS?
1.) Principals who take direct part in the execution

of the Act;
2.) Principal who directly forces or induces others
to commit a crime; and
3.) Principals who cooperate in the commission of
the offense by another act without which it
would not have been accomplished.
Principal by Induction
1. PRICE, REWARD, OR PROMISE
2. IRRESISTABLE FORCE AND UNCONTROLLABLE

FEAR
3. INSTIGATION
4. WORDS OF COMMAND
 WORDS OF ADVICE IS NOT INDUCEMENT!
 WORDS UTTERED IN THE EXCITEMENT OF THE

HOUR
People vs Valderrama (1993)
 Ernesto shouted to his younger brother Oscar, “Birahin mo

na, birahin mo na!” Oscar stabbed the victim.
 It was held that there was no conspiracy.
 Joint or simultaneous action per se is not indicia of conspiracy

without showing of common design. Oscar has no rancor
with the victim for him to kill the latter. Considering that
Ernesto had great moral ascendancy and influence over
Oscar, being much older (35 years old) than the latter, who
was 18 years old, and it was Ernesto who provided his
allowance, clothing as well as food and shelter,
 Ernesto is principal by inducement.
People v. Agapinay (1990)
 The one who uttered “kill him, we will bury him”

while the felonious aggression was taking place
cannot be held liable as principal by inducement.
 Utterance was said in the excitement of the hour,
not a command to be obeyed.
People v. Madall (1990)
 The son was mauled.
 The family was not in good terms with their

neighbors. The father challenged everybody and
when the neighbors approached, he went home to
get a rifle.
 The shouts of his wife “here comes another, shoot
him” cannot make the wife a principal by
inducement.
ART. 18 – WHO ARE
ACCOMPLICES?
Those who not being included in

Article 17, cooperate in the execution
of the offense by previous or
simultaneous acts.
ART. 19 – WHO ARE
ACCESSORIES?
1.) Those who have knowledge in the

commission of the crime;
2.) Take part subsequent to its commission
in any of the following manner:
a.) By profiting themselves or assisting
the offender to profit from the effects of
the crime;
ART. 19 – WHO ARE
ACCESSORIES?
b.) By concealing or destroying the body of the

crime or the effects or instruments thereof, in
order to prevent its discovery;
c.) By harboring, concealing, or assisting in the
escape of the principal of the crime if he acts
with abuse of public functions or when the
author of the crime is guilty of treason, parricide,
murder or an attempt to take the life of the Chief
Executive or is known to be habitually guilty of
some other crime.
PD 1612
Anti-Fencing Law
FENCING is the act of any person who,

with intent to gain for himself or for another,
BUY, RECEIVE, POSSESS, KEEP,
ACQUIRE, CONCEAL, SELL, or DISPOSE
of, or BUYS and SELLS, or in any other
manner deal in any article, item, object or
anything of value which HE KNOWS, or
SHOULD BE KNOWN TO HIM, to have
been derived from the proceeds of the
crime of ROBBERY OR THEFT.
ART. 20 – EXEMPTED
ACCESSORIES
Spouse, ascendants, descendants,

legitimated, natural and adopted brothers
and sisters, or relatives by affinity within
the same degrees.
PD 1829
Obstructions of Justice
“Harboring or concealing, or facilitating

the escape of any person he knows or
has reasonable ground to believe or
suspect, has committed any offense
under existing penal laws in order to
prevent his arrest, prosecution and
conviction”
Chapter 1
PENALTIES IN GENERAL
PENALTY DEFINED
- In its general sense, penalty signifies
pain; in its juridical sphere , penalty
means the suffering undergone,
because of the action of society, by one
who commit a crime. Hence, penalty is
imposed only after a conviction in a
criminal action.
Chapter 1
JURIDICAL CONDITIONS OF PENALTY

1.) Must be productive of suffering but the limit
is the integrity of human personality;
2.) Must proportionate to the crime in the
sense that different penalties are prescribed
for different felonies;
3.) Must be personal as must be imposed only
upon the criminal and no other;
Chapter 1
4.) Must be legal it must be in consequence of

a judgment according to law;
5.) Must be certain so that one cannot escape
from it;
6.) Must be equal in the sense that it applies to
all persons regardless of circumstances;
7.) Must be correctional. (Serve as deterrence
to others) or Exemplary;
Chapter 1
PURPOSE OF THE STATE IN PUNISHING CRIMES
-For justice, because the State has an

existence of its own maintain a conscience to
assert and moral principles to vindicate. Penal
justice rests primarily on the moral rightfulness of
the punishment imposed.
Chapter 1
CONSTITUTIONAL LIMITATIONS
1.)Excessive fines shall not be imposed, nor
cruel, degrading or inhuman punishment
inflicted;
2.) Death penalty shall not be imposed, unless,
for compelling reasons involving heinous
crimes. Congress shall provide for it.
ART. 21 – WHAT PENALTIES MAY
BE IMPOSED?
Only those provided by law prior to the

commission of a felony
ART. 22 – RETROACTIVITY OF
PENAL LAWS
Except if favorable to the accused who

is not a habitual criminal.
ART. 23 – EFFECT OF PARDON BY THE
OFFENDED PARTY ON THE PROSECUTION OF
THE OFFENDER.
1.) The criminal action in public crimes is not

extinguished.
2.) Regarding private Crimes (Arts. 333 to 343)
Criminal Liability is extinguished.
3.) The civil liability with respect to the interest of
the injured party in any crime, whether public
or private, is extinguished by express waiver.
ART. 24 – MEASURES OF PREVENTION
OR SAFETY ARE NOT CONSIDERED
PENALTIES
Detention due to:

a.) Insanity, imbecility, illness requiring confinement at
hospital;
b.) Commitment of a minor in accordance with P.D.
603 as amended;
c.) Suspension from public office during trial or in-
order to institute the action is not a penalty
because it is not imposed in a judicial proceeding;
ART. 24 – MEASURES OF
PREVENTION OR SAFETY ARE NOT
CONSIDERED PENALTIES
d.) Fines and other corrective measures imposed by

superior officers upon their subordinate in the exercise
of administrative or disciplinary powers.
e.) Deprivation of rights and reparations which the civil law

establishes in penal form.
ART. 25 – CLASSIFICATION OF
PENALTIES UNDER THE R.P.C.
1.) Principal
– that provided by law for a felony and
which is imposed by the court expressly by
court expressly upon conviction
2.) Accessory
– that deemed included in the imposition of
the principal penalty.
WHAT PENALTIES MY EITHER BE PRINCIPAL OR

ACCESSORY?
1.) Perpetual or temporary absolute disqualification;
2.) Perpetual or temporary special disqualification; and
3.) Suspension
SCALE OF PRINCIPAL PENALTIES:

1.) Capital Punishment – Death
2.) Afflictive Penalties
a.) Reclusion Perpetua
b.) Reclusion Temporal
c.) Perpetual or Temporary Absolute Disqualification
d.) Perpetual or Temporary Special Disqualification
e.) Prision Mayor
3.) Correctional Penalties

a.) Prision Correccional
b.) Arresto Mayor
c.) Suspension
d.) Destierro
4.) Light Penalties

a.) arresto menor
b.) public censure
5.) Penalties common to the three preceding
classes
a.) fine, and
b.) bond to keep peace
ACCESSORY PENALTIES
1.) Perpetual or Temporary Absolute Disqualification
2.) Perpetual or Temporary Special Disqualification
3.) Suspension from Public Office
4.) Civil Interdiction
5.) Indemnification
6.) Forfeiture or confiscation of instruments and
proceeds of the offense
7.) Payment of cost
ART. 26 – WHEN IS FINE AFFLICTIVE,
CORRECTIONAL OR LIGHT?
1.) Afflictive
– more than P6,000.00
2.) Correctional
– not less than P200.00 but not more than
6,000.00
3.) Light
– less than P200.00
ART. 27 – DURATION OF
PENALTIES
 RECLUSION PERPETUA
– after serving 30 years, the convict may be

pardoned;
 RECLUSION TEMPORAL
– 12 years and 1 day to 20 years;

 PRISION MAYOR AND TEMPORARY
DISQUALIFICATION
– 6 years and 1 day to 12 years;

ART. 27 – DURATION OF
PENALTIES
PRISION CORRECTIONAL, DESTIERRO,

SUSPENSION
– 6 months and 1 day to 6 years.
ARRESTO MAYOR
– 1 month and 1 day to 6 months;
ARRESTO MENOR
– 1 day to 30 days; and
BOND TO KEEP THE PEACE
– such period of time as the may require.
ART. 28 – COMPUTATION
OF PENALTIES
-If the offender shall be on prison, the terms of the

duration of the temporary penalties shall be computed
from the day on which the judgment of conviction shall
have become final.
ART. 29 – OFFENDERS ENTITLED TO A
DEDUCTION OF THEIR PREVENTIVE
IMPRISONMENT FROM THE TERM OF
IMPRISONMENT.
If the detention prisoner agrees voluntarily in writing to

abide the same disciplinary rules imposed on convicted
prisoners, except in the following cases;
1.) He/she is a recidivist or convicted twice or more times of

any crime;
2.) When summoned for the execution of his/her sentence

failed to surrender voluntarily.
ART. 30 – EFFECTS OF PERPETUAL OR
TEMPORARY ABSOLUTE
DISQUALIFICATION.
1.) Deprivation of any public office or employment

of the offender;
2.) Deprivation of the right to vote in any election or
to be voted upon
3.) Disqualification for any public office and for the
exercise of any rights mentioned; and
4.) Loss of rights to retirement pay or pension.
TEMPORARY SPECIAL DISQUALIFICATION FOR
PUBLIC OFFICE, PROFESSION OR CALLING.
 Deprivation of the office, employment, profession or

calling affected;
 Disqualification for holding similar offices or employment’s
during the period of disqualification.
TEMPORARY SPECIAL DISQUALIFICATION FOR
THE EXERCISE OF RIGHT SUFFRAGE.
 Deprivation of the right to vote or be elected to an office.
 Cannot hold any public office during the period of

disqualification.
ART. 33 – EFFECTS OF SUSPENSION FROM
PUBLIC OFFICE, PROFESSION OR RIGHT OF
SUFFRAGE.
1.) Disqualification from holding such office or the

exercise of such profession or right of suffrage
during the term of the sentence;
2.) Cannot another office having similar functions
during the period of suspension.
ART. 34 – EFFECTS
OF CIVIL INTERDICTION
1.) Parental authority;

2.) Guardianship over the ward
3.) Marital authority;
4.) Right to manage his property and to dispose of the
same by an act inter vivo.
5.) Civil interdiction is an accessory penalty to the
following principal penalties: a) Art. 40 Reclusion
Perpetua b.) Art. 41 Reclusion Temporal.
ART. 35 – BOND
TO KEEP THE PEACE
 Offender presents two sufficient sureties who shall

undertake that he will not commit the offense sought
to be prevented and in case such offense is
committed, the shall pay the amount determined by
the court, or deposit may be made by the offender
to guarantee such undertaking;
If the offender cannot give the bond, he may be
detained for a period not exceeding 6 months if
prosecuted for grave or less felony or for a
period not to exceed 30 days, for a light felony.
ART. 36 – EFFECTS OF PARDON
BY THE CHIEF EXECUTIVE
1.) An absolute pardon extinguishes the criminal

liability of the offender (Art. 89, par. 3);
2.) It does exempt the offender from the payment
of the civil indemnity imposed in the
sentenced. (Art. 36);
3.) It does not restore the right to hold public
office or the right of suffrage unless such
rights are expressly restored by the terms of
the pardon.
ART. 36 – EFFECTS OF PARDON
BY THE CHIEF EXECUTIVE
EXEMPTIONS/LIMITATIONS
Such power does not extend to cases of
impeachment;
In election offenses, it can be exercised only
upon prior recommendation of the
COMELEC.
ART. 37 – WHAT ARE
INCLUDED IN COSTS?
1.) Fees, indemnities in the course of judicial

proceedings;
2.) Such may be fixed amounts already
determined by law or regulations or
amounts subject to schedule.
ART. 38 – PECUNIARY
LIABILITIES OF THE OFFENDER
1.) Reparation of the damaged caused;

2.) Indemnification of consequential damages;
3.) Fine; and
4.) Costs of the proceedings.
ART. 39 – RULES GOVERNING
SUBSIDIARY IMPRISONMENT
Penalty imposed is prision correccional or

arresto and fine – subsidiary imprisonment
(a) not exceed1/3 of the term of the
sentence; and
(b) not to continue longer than one (1) year.
Fraction or part of a day is not counted.
ART. 40 – PENALTIES IN WHICH OTHER ACCESSORY
PENALTIES ARE INHERENT (ART. 40-44)
1.) Reclusion Perpetua & Reclusion Temporal

a.) Civil Interdiction;
b.) Absolute perpetual disqualification unless
expressly remitted in the pardon; (Art.41)
2.) Prision Mayor
a.) Temporary absolute disqualification and
b.) Perpetual special disqualification from right
suffrage unless expressly remitted in the pardon.
(Art. 42)
ART. 40 – PENALTIES IN WHICH
OTHER ACCESSORY PENALTIES
ARE INHERENT (ART. 40-44)
3.) Prision Correccional

a.) Suspension from public office, right to follow a
profession or calling;
b.) Perpetual special disqualification from suffrage if
duration of imprisonment exceeds 18 months
unless expressly remitted in the pardon. (Art. 43)
4.) Arresto
a.) Suspension of the right to hold office and suffrage
during the term of the sentence. (Art. 44)
ART. 45 – CONFISCATION OF PROCEEDS OR
INSTRUMENTS OF CRIME
1.) The accessory penalty is concluded in every penalty imposed for

the commission of a crime;
2.) Confiscation in favor of the government;
3.) Property of third person not liable for the offense is not subject
for confiscation;
4.) Property not subject of lawful commerce though it belongs to a
third person shall be destroyed;
5.) If the government (trial court) did not order any confiscation of
the proceeds of the crime, the government cannot appeal as
that would increased the penalty already imposed and the
defendant would be placed in double jeopardy.
ART. 46 – PENALTY OF PRINCIPAL IN
CONSUMATED FELONY
 The penalty provided by law;

ART. 47 – WHEN DEATH
PENALTY IS NOT IMPOSED
1.) When the guilty person is more than 70 yrs. of

age;
2.) When upon appeal or revision of the case by the
Supreme Court eight (8) justices are unanimous
in the voting as to propriety of the imposition of
the death penalty;
3.) When the offender is a minor under 18 yrs. of
age.
4.) When the offender is a pregnant woman.
Art. 48
COMPLEX CRIMES
PHILOSOPHY BEHIND
PLURAL CRIMES
The treatment of plural crimes as one is

to be lenient to the offender, who, instead of
being made to suffer distinct penalties for
every resulting crime is made to suffer one
penalty only, although it is the penalty for the
most serious one and is in the
maximum period.
Purpose is in the pursuance of the Rule of
Pro Reo.
Rules in Complexing
If in complexing the crime, the penalty would turn out to be
higher, DO NOT COMPLEX ANYMORE.
Example:
Murder and theft (killed with treachery, then stole the watch).
Penalty:
If complex–Reclusion temporal maximum to death.
If treated individually – Reclusion temporal to Reclusion
Perpetua
Complex-crime is not just a matter of penalty, but
of substance under the Revised Penal Code.
Plurality of Crimes
(may be in the form of)
Compound Crime
 A compound crime is one where a single act produces
two or more crimes.
 A person threw a hand grenade and the people started
scampering. When the hand grenade exploded, no one
was seriously wounded but many were wounded.
 It was held that this is a compound crime, although the
resulting felonies are only slight.
Plurality of Crimes
Complex Crime
 A complex crime strictly speaking is one where the
offender has to commit an offense as a means for the
commission of another offense.
 It is said that the offense is committed as a necessary
means to commit the other offense.
 “Necessary”should NOT be understood as indispensable,
otherwise, it shall be considered absorbed and not giving
rise to a complex crime.
Plurality of Crimes
Composite Crime
 A composite crime is one in which substance is
made up of more than one crime, but which in the
eyes of the law is only a single indivisible offense.
 This is also known as special complex crime.
 Examples are Robbery with Homicide, Robbery
with Rape, Rape with Homicide, Arson with
Homicide.
QUESTION
 Q: A learned two days ago that B received dollar bills worth $10,000 from his
daughter working in the US. With the intention of robbing B, A entered B’s
house at midnight, armed with a knife used to gain entry and began quietly
searching the drawers and other likely receptacles for cash. While doing that, B
awoke, rushed out of his room and grappled with A for the possession of the
knife. A stabbed B to death, found the latter’s wallet beneath the pillow, which
was bulging with the dollar bills he was looking for. A took the bills and left
the house. What crime/s was/were committed?
 The crime committed was Robbery with Homicide, a composite crime. A’s
primordial criminal intent is to commit a robbery and in the course of the
robbery, B was killed. Both robbery and the killing were consummated, thus
giving rise to the special complex crime of robbery with homicide. The
primary criminal intent being to commit a robbery, any killing on
the“occasion” of the robbery, though not by reason thereof, is considered a
component of the crime of robbery with homicide as a single indivisible
offense.
CASES
There are in fact cases decided by the Supreme Court
where the offender has performed a series of acts but
the acts appeared to be impelled by one and the same
impulse, the ruling is that a complex crime is committed.
In this case it is not the singleness of the act but the
singleness of the impulse that has been considered.
There are cases where the Supreme Court held that the
crime committed is complex even though the offender
performed not a single act but a series of acts. The only
reason is that the series of acts are impelled by a single
criminal impulse.
People v. de Leon
Where the accused took five roosters from

one and the same chicken coop, although the
roosters were owned by different persons, it
was held that there is only one crime of theft
committed because the accused acted out of
a single criminal impulse only. However
performing a series of acts but this is one and
the same intent Supreme Court ruled that only
one crime is committed under one information.
People v. Lawas
 The accused constabulary soldiers were ordered to march with

several Muslims from one barrio to another place. These soldiers
feared that on
the way some of the Muslims may escape. So Lawas ordered the
men to tie the Muslims by the hand connecting one with the other,
so no one would runaway. When the hands of the Muslims were
tied, one of them protested, he did not want to be included among
those who were tied because he was a Hajji, so the Hajji
remonstrated and there was commotion. At the height of the
commotion, Lawas ordered his men to fire, and the
soldiers mechanically fired. Eleven were killed and several
others were wounded. The question of whether the constabulary
soldiers should be prosecuted for the killing of each under a
separate information has reached the Supreme Court.
 The Supreme Court ruled that the accused should be prosecuted
only in one information, because a complex crime of multiple
homicide was committed by them.
People v. Jose
There were four participants here. They abducted

the woman, after which, the four took turns in
abusing her. It was held that each one of the four
became liable not only for his own rape but also
for those committed by the others. Each
of the four offenders was convicted of four rapes.
CONTINUED AND
CONTINUING CRIMES
In criminal law, when a series of acts are

perpetrated in pursuance of a single criminal
impulse, there is what is called a continued crime.
In criminal procedure for purposes of venue, this is
referred to as a continuing crime.
The term “continuing crimes” as sometimes used
in lieu of the term “continued crimes”, however,
although both terms are analogous, they are not
really used with the same import.
“Continuing crime” is the term used in criminal procedure
to denote that a certain crime may be prosecuted and
tried not only before the court of the place where it was
originally committed or began, but also before the court
of the place where the crime was continued.
A “continued crime” is one where the offender performs a
series of acts violating one and the same penal provision
committed at the same place and about the same time
for the same criminal purpose, regardless of a series
of acts done, it is regarded in law as one.
It is necessary to consider CONTINUED AND
CONTINUING CRIMES as COMPLEX CRIMES
even if the essence of the crime does not fit the
definition of Art 48, because there is no other
provision in the RPC.
Duplicity of offenses, in order not to violate this
rule, it must be called a complex crime.
Applying the concept of the “continued crime”, the
following cases have been treated as constituting
one crime ONLY
People v. Tumlos
 The theft of 13 cows belonging to two different persons
committed by the accused at the same place and period of time
People v. Jaranilla
 The theft of six roosters belonging to two different owners from
the same coop and at the same period of time
People v. Sabbun
 The illegal charging of fees for service rendered by a lawyer
every time he collected veteran’s benefits on behalf of a client
who agreed that attorney’s fees shall be paid out of such
benefits . The collections of legal fees were impelled by the same
motive, that of collecting fees for services rendered, and all acts
of collection were made under the same criminal impulse.
On the other hand, the Supreme
Court declined to apply the concept
in the following cases:
People v. Dichupa
 Two Estafa cases, one which was committed
during the period from January 19 to December,
1955 and the other from January 1956 to July
1956. Said acts were committed on two different
occasions;
 Several malversations committed in May, June
and July 1936 and falsifications to conceal said
offenses committed in August and October, 1936.
 The malversations and falsifications were not the
result of one resolution to embezzle and falsity
People v. CIV
Seventy-five estafa cases committed by the

conversion by the agents of collections from the
customers of the employers made on different
dates.
TAKE NOTE
 In the theft cases, the trend is to follow the single

larceny doctrine, that is taking of several things,
whether belonging to the same or different owners,
at the same time and place, constitutes one larceny
only.
 Also abandoned is the doctrine that the government
has the discretion to prosecute the accused for one
offense or for as many distinct offenses as there are
victims.
Santiago v. Justice Garchitorena
 The accused was charged with performing a single act – that of

approving the legalization of aliens not qualified under the law. The
prosecution manifested that they would only file one information.
Subsequently, 32 amended Informations were filed. The Supreme
Court directed the prosecution to consolidate the cases into one
offense because
 (1) They were in violation of the same law - Executive Order No.
324;
 (2)Caused injury to one party only– the government; and
 (3) They were done in the same day.
• The concept of delito continuado has been applied to crimes under

special laws since in Article 10, the Revised Penal Code shall be
supplementary to special laws, unless the latter provides the
contrary.
ART. 49 – PENALTY TO BE IMPOSED UPON THE
PRINCIPALS WHEN THE CRIME COMMITTED IS
DIFFERENT FROM THE INTENDED
1.) If the penalty of the felony committed be higher than the

penalty for the offense which the accused intended to
commit, the lower penalty shall be imposed in its maximum
period;
2.) If the penalty of the felony committed be lower than the

penalty for the offense which the accused intended to
commit, the lower penalty shall be imposed in its maximum
period;
3.) If the committed also constitutes an attempt or frustration of

another crime, and the law prescribes a higher penalty for
either of the latter, the penalty for the attempted or
frustrated crime shall be imposed in its maximum period.
ART. 50 – PENALTY FOR PRINCIPAL IN FRUSTRATED
FELONY
-One (1) degree lower than that prescribed

for consummated felony.
ART. 51 – PENALTY FOR PRINCIPAL IN ATTEMPTED
FELONY
-Two (2) degree lower than that prescribed

for consummated felony.
ART. 52 – PENALTY FOR ACCOMPLICE OF A
CONSUMMATED FELONY

for a consummated felony
ART. 53 – PENALTY FOR ACCESSORY OF A
CONSUMMATED FELONY
-Two (2) degrees lower than that prescribed for a
consummated felony
ART. 54 – PENALTY FOR ACCOMPLICE OF A FRUSTRATED
FELONY
-One (1) degree lower than that prescribed for a frustrated
felony
ART. 55 – PENALTY FOR ACCESSORY OF A FRUSTRATED
FELONY
-Two (2) degrees lower than that prescribed for a
frustrated felony
ART. 56 – PENALTY FOR ACCOMPLICE OF AN
ATTEMPTED FELONY

for an attempted felony
ART. 57 – PENALTY FOR ACCESSORY OF AN
ATTEMPTED FELONY
-Two (2) degrees lower than that

prescribed for an attempted felony.
ART. 58 – ADDITIONAL PENALTY UPON ACCESSORIES
COVERED BY PAR. 3 ART. 19, WHO SHOULD ACT WITH
ABUSE OF PUBLIIC FUNCTIONS
1.) If the principal is guilty of a grave felony,

Absolute Perpetual Disqualification;
2.) If the principal is guilty of a grave felony –
Absolute Temporary Disqualification; and
3.) Light felonies are not included because in such
felonies, accessories are not liable.
ART. 59 – PENALTY FOR
IMPOSSIBLE CRIMES
1.) Arresto mayor or a fine from 200 to 500;

2.) In its imposition the court considers the
social danger and the degree of criminality
shown by the offender; and
3.) The penalty cannot apply if the act
performed would constitute a light felony
ART. 60 – EXCEPTIONS TO THE RULES
ESTABLISHED IN ARTICLES 50 TO 57
When the law expressly prescribes the penalty

provided for a frustrated or attempted felony, or to
be imposed upon accomplices or accessories.
ART. 61 – RULES OF
GRADUATING PENALTIES
1.) When the penalty prescribed for the felony is single and
indivisible, the penalty next lower in degree shall be that
immediately following that indivisible penalty in the
respective graduated scale prescribed in Article 71 of
this code.
2.) When the penalty prescribed for the crime is composed

of two indivisible penalties or of one or more divisible
penalties to be imposed to their full extent, the penalty
next lower in degree shall be that immediately following
the lesser of the penalties prescribed in the respective
graduated scale.
3.) When the penalty prescribed for the crime is composed of one
or two indivisible penalties and the maximum period of another
divisible penalty, the penalty next lower in degree shall be
composed of the medium and minimum periods of the proper
divisible penalty and the maximum period of that immediately
following in said respective graduated scale.
4.) When the penalty prescribed for the crime is composed of
several periods, corresponding to different divisible penalties,
the penalty net lower in degree shall be composed of the
period immediately following the minimum prescribed and of
the two next following, which shall be taken from the penalty
prescribed, if possible; otherwise from the penalty immediately
following in the above mentioned respective graduated scale.
5.) When the law prescribes a penalty for a

crime in some manner not specially provided
for in the four preceding rules, the courts,
proceeding by analogy, shall impose
corresponding penalties upon those guilty as
principals of the frustrated felony, or of
attempt to commit the same, and upon
accomplices and accessories.
ART. 62 – EFFECT OF THE ATTENDANCE OF
MITIGATING OR AGGRAVATING
CIRCUMSTANCES AND OF HABITUAL
DELINQUENCY
ART. 63 – RULES FOR APPLICATION OF

INDIVISIBLE PENALTIES (Pls. refer to
Textbook)
ART. 64 – RULES FOR THE APPLICATION OF

PENALTIES WHICH CONTAIN THREE PERIODS
ART. 65 – RULE IN CASES IN WHICH THE PENALTY
IS NOT COMPOSED OF THREE PERIODS (Note: the
rules in the proceeding article shall govern)
ART. 66 – IMPOSITION OF FINES

-The courts may fix any amount within the limits
established by law.
ART. 67 – PENALTY TO BE IMPOSEDWHEN NOT

ALL THE REQUISITES OF EXEMPTION OF THE
FOURTH (4th) CIRCUMSTANCES OF ART. 12 ARE
PRESENT: (Pls. see Textbook)
ART. 68 – PENALTY TO BE IMPOSED UPON A
PERSON UNDER EIGHTHEEN (18) YRS. OF AGE
(Pls. refer to P.D. 603 as Amended)
ART. 69 – PENALTY TO BE IMPOSED WHEN THE

CRIME COMMITTED IS NOT WHOPLLY
EXCUSABLE
(Note: Unlawful aggression is indispensable in self-

defense, defense of relatives and defense of
stranger)
ART. 70 – SUCCESSIVE SERVICE OF SENTENCES
(Note: In no case shall a convicted be required to
serve more than forty-(40) yrs. in jail) See also the
three-fold rule.
ART. 71 – GRADUATED SCALES (Pls. refer to the

text
ART. 72 – PREFERENCE IN THE PAYMENT OF

THE CIVIL LIABILITES
(First come first serve basis, beginning with the dates
in order of time) of conviction)
ART. 73 – PRESUMPTION IN REGARD TO THE
IMPOSITION OF ACCESSORY PENALTIES
(The are considered or must be understood that the
accessory penalties are also imposed upon the
convict)
ART. 74 – PENALTY HIGHER THAN RECLUSION

PERPETUA IN CERTAIN CASES
(Note: The penalty higher than reclusion perpetua
cannot be death, because the penalty of death
must be specifically imposed by law as a penalty
for a given crime)
 ART. 75 – INCREASING OR REDUCING THE
PENALTY OF FINE BY ONE OR MORE DEGREES
 ART. 76 – LEGAL PERIOD OF DURATION OF

DIVISIBLE PENALTIES
(Must consist of three (3) periods – Minimum, Medium,

and Maximum)
ART. 77 – WHEN PENALTY IS A COMPLEX ONE
COMPOSED OF THE THREE
DISTINCT PENALTIES
 A complex penalty is one prescribed by law

composed of three (3) distinct penalties,
each forming a period; the lightest of them
shall be the minimum, the next the medium,
and the more severe the maximum period.
ART. 77 – WHEN PENALTY IS A COMPLEX ONE
COMPOSED OF THE THREE
DISTINCT PENALTIES
Ex. ART. 1114, par. 3, provides a penalty of

Prision Mayor to death. The penalty is
composed of four distinct penalties, namely
Prision Mayor, Reclusion temporal, Reclusion
Perpetua and Death. The maximum period must
be death, it being indivisible; the medium period
must be composed of prision mayor and
reclusion temporal.
ART. 78 – WHEN AND HOW
PENALTY IS TO BE EXECUTED
1.) No penalty shall be executed except by

virtue of a final judgment;
2.) A penalty shall not be executed in any other
form than that prescribed by law, nor with
any other circumstances or incidents than
those expressly authorized thereby;
3.) Only penalty by final judgment can be
executed.
ART. 79 – SUSPENSION OF THE EXECUTION
AND SERVICE OF THE PENALTIES
IN CASE OF INSANITY
1.) When a convict becomes insane or imbecile after final

sentence has been pronounce, the execution of said
sentence is suspended only as regards the personal
penalty;
2.) If he recovers his reason, his sentence shall be executed,
unless the penalty has prescribed;
3.) Even if while above provisions shall be observe; and
4.) But the payment of his civil or pecuniary liabilities shall not
be suspended.
 ART. 80 (This is already amended by P.D 603)
 ART. 81 – WHEN AND HOW THE DEATH

PENALTY IS TO BE EXECUTED
- A convict sentenced to death may make a will.

ART. 83 – SUSPENSION OF THE
EXECUTION OF THE DEATH SENTENCE
1.) Woman within three years following the date of the

sentence;
2.) Woman, while pregnant
3.) Person over 70 years of age;
4.) Convict who becomes insane after final sentenced of
death has been pronounced. (See Art. 79) But when
he recovers his reason and before the penalty has
prescribed, he may be put to death.
ART. 84 – PLACE OF EXECUTION AND
PERSONS WHO MAY WITNESS THE
SAME
 It should be at Bilibid or Penitentiary closed to the

public view and shall be witnessed only by the parties
assisting the offender like the priest, his lawyers and
his relatives not exceeding six and by such other
persons as the Director of Prisons may authorize.
ART. 85 – PROVISIONS RELATIVE TO THE
CORPSE OF THE PERSON EXECUTED AND
IT’S BURIAL
-The burial of the body of the person sentenced to
death should not be held with pomp
ART. 86 – RECLUSION PERPETUA,

RECLUSION TEMPORAL, PRISION MAYOR
CORRECCIONAL AND ARRESTO MAYOR.
-These penalties shall be served in the places and
penal establishment provided by law in the future
ART. 87 – DISTIERRO – Not allowed
staying in a place where the court not
allowed you to stay
– not more than 250 kilometers and not less than 25

kilometers.
ART. 87 – DISTIERRO – Not allowed
staying in a place where the court not
allowed you to stay
The penalty is imposed when:

1.) When death or physical injuries is caused or are
inflicted under exceptional circumstances (Art. 247)
2.) When a person falls to give bond for good behavior
(Art. 284);
3.) As a penalty for the concubine in the crime of
concubinage (Art. 334)
4.) When after lowering the penalty degrees, destierro
is the proper penalty.
ART. 88 – ARRESTO MENOR
1.) This article provides that the penalty of

arresto menor may be served in the house
of the defendant.
2.) The grounds are the health of the offender
and other reasons satisfactory to the court.
ART. 89 – HOW CRIMINAL LIABILITY IS
TOTALLY EXTINGUISHED?
1.) By the death of the convict, as to the personal penalties; and as to

the pecuniary penalties, liability therefore is extinguished only when
the death of the offender occurs before final judgment;
2.) By service of the sentence;
3.) By amnesty, which completely extinguishes the penalty and all its
effects;
4.) by absolute pardon;
5.) by prescription of the crime;
6.) by prescription of the penalty
7.) by the marriage of the offended woman, as provided in Art. 344. RPC
ART. 90 – PRESCRIPTION OF
CRIMES
1.) Death, reclusion perpetua or temporal – 20

years
2.) Afflictive penalties – 15 years
3.) Correctional penalty (except arrestor mayor) – 5
years
4.) Crime of libel – 1 year
5.) Oral defamation and slander by deed – 6 months
6.) Light offenses – 2 months
ART. 91 – COMPUTATION OF
PRESCRIPTION OF OFFENSES
1.) The period of prescription commences to run from the day

on which the crime is discovered by the offended party,
the authorities or their agents;
2.) It is interrupted by the filing of the complaint or information;
3.) It commences to run again when such proceedings

terminate without the accused being convicted or
acquitted or are unjustifiably stopped for any reason not
imputable to him; and
4.) The term of prescription shall not run when the offender is
absent from the Philippines.
ART. 92 – WHEN AND HOW
PENALTIES PRESCRIBED
1.) Death and reclusion perpetua prescribed in

twenty (20) years;
2.) Other afflictive penalties, in fifteen years;
3.) Correcional penalties, in ten years, with the
exemption of the penalty of arresto mayor,
which prescribes in five years; and
4.) Light penalties, in one year
ART. 93 – COMPUTATION OF THE
PRESCRIPTION OF PENALTIES
ELEMENTS:
1.) That the penalty is imposed by final sentenced;
2.) That the convict evaded the service of the sentence by escaping
during the term of his sentence;
3.) That the convict who escaped from prison has not given himself up,
or been captured or gone to a foreign country which we have no
extradition treaty, or committed another crime;
4.) That the penalty has prescribed, because of the lapse of time from
the date of the evasion of the service of the sentence by the convict.
Note: The period of prescription of penalties commences to run from the

date when culprit evaded the service of his sentence.
ART. 94 – PARTIAL EXTINCTION
OF CRIMINAL LIABILITY
1.) By conditional pardon;

2.) By commutation of the service of the
service of sentence;
3.) For good conduct allowance which the
culprit may earn while he is serving his
sentence.
ART. 95 – OBLIGATION INCURRED BY A
PERSON GRANTED CONDITIONAL PARDON
1.) He must comply strictly with the conditions imposed in

the pardon;
2.) Failure to comply with the conditions shall result in the
revocation of the pardon, and which results to the order
of his arrest and reincarceration;
3.) He becomes liable under Art. 159. This is the judicial
remedy.
(ART. 159 – Other cases of evasion of service of
sentence).
ART. 96 – EFFECT OF
COMMUTATION OF SENTENCE
The commutation of the original

sentence for another of a different length
and nature shall have the legal effect of
substituting the latter in the place of the
former.
ART. 97 – ALLOWANCE
FOR GOOD CONDUCT
1.) During the first two years of his imprisonment, he shall be

allowed a deduction of five days for each month of good
behavior;
2.) During the third to fifth year, inclusive of his imprisonment, he

shall be allowed a deduction of eight days for each month of
good behavior;
3.) During the following years until tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of ten (10) days
for each month of good behavior; and
4.) During the eleventh (11) successive years of his imprisonment,
he shall be allowed a deduction of fifteen days for each month
of good behavior.
ART. 98 – SPECIAL TIME
ALLOWANCE FOR LOYALTY
It is deduction of 1/5 of the period of the

sentence of a prisoner, who having evaded
the service of his sentence during the calamity
or catastrophe mentioned in Art. 158, gives
himself up to the authorities within 48 hours
following the issuance of the proclamation by
the President announcing the passing away of
the calamity of catastrophe.
ART. 99 – WHO GRANTS
TIME ALLOWANCE
 The allowance for good behavior is not an automatic

right. It must be granted by the Director of Prisons,
and once granted cannot be revoked, and is
exclusively vested in the Director of Prisons.
ART. 100 – CIVIL LIABILITY OF A
PERSON GUILTY OF A FELONY
 Generally, every person criminally liable for a felony

is also civilly liable.
ART. 101 – RULES REGARDING
CIVIL LIABILITY IN CERTAIN
CASES
EXCEPTIONS:
 There is no civil liability in par. 4 of Art. 12 which provides
for injury caused by mere accident;
 There is no civil liability in par. 7 of Art. Which provided
for failure to perform an act required by law when so
prevented by some lawful or insuperable cause.
ART.102
ELEMENTS UNDER PAR. 1:

1.) That the innkeeper, tavern-keeper or
proprietor of establishment or his employee
committed a violation of municipal ordinance
or some general or special police regulation;
2.) That a crime is committed in such inn, tavern
or establishment;
3.) That the person criminally liable is insolvent.
ART.102
ELEMENTS UNDER PAR. 2:

1.) The guest notified in advance the innkeeper or the person
representing him of the deposit of their good within the inner
house;
2.) The guest followed the directions of the innkeeper or his
representative with respect to the care of and vigilance over
such goods;
3.) Such goods of the guest lodging therein were taken by robbery
with force upon things or theft committed within the inn or
house.
When all the above-elements are present the innkeeper is

subsidiary liable.
ART. 103 – SUBSIDIARY CIVIL
LIABILITY OF CLEAR PERSONS
ELEMENTS:
1.) The employer, teacher, person or corporation is
engaged in any kind of industry;
2.) Any of their servants, pupils, workmen, apprentices or
employees commits a felony while in the discharge of his
duties;
3.) The said employee is insolvent and has not satisfied his
civil liability.
In this case, when all these elements are present, the

employer or teacher is subsidiarily liable.
ART. 104 – WHAT IS INCLUDED
IN CIVIL LIABILITY?
1.) Restitution;
2.) Reparation of the damaged caused; and
3.) Indemnification for consequential damages.
ART. 104 – WHAT IS INCLUDED
IN CIVIL LIABILITY?
Examples:
1.) Restitution – in theft, the culprit is duty and return
the property stolen;
2.) Reparation – in case of inability to return the
property stolen, the culprit must pay the value of
the property stolen; on case of physical injuries,
the reparation of the damaged caused would
consist in the payment of hospital bills and
doctor’s fees to the offended party; and
3.) Indemnification for consequential damages – the
loss of his salary or earning capacity.
 ART 105 – RESTITUTION
 ART. 106 – REPARATION
 ART. 107 INDEMNEFICATION – WHAT IS INCLUDED)
Indemnification for consequential damages shall include

not only those caused the injured party, but also those
suffered by his family or by a third person by reason of
the crime.
ART. 108
1.) The heir of the person liable has no

obligation if restoration is not possible and
the deceased left no property.
2.) Civil liability is possible only when the

offender dies after final judgment.
ART. 109 – SHARE OF EACH
PERSON CIVILY LIABLE
If there are two more persons

civilly liable for a felony, the Courts
shall determine the amount for
which each must respond.
ART. 110
1.) Each within their respective class, shall be liable severally

(in solidum) among themselves for their quotas, and
subsidiarily for those of the other persons liable.
2.) The subsidiary liability shall be enforced, first against the

property of principals; next against that of the
accessories.
3.) Whenever the liability in solidum or the subsidiary liability

has been enforced, the person by whom payment has
been made shall have the right of action against the
others for the amount of their respective shares.
ART. 111 – OBLIGATION TO MAKE
RESTITUTION IN A CERTAIN CASE
1.) Any person who has participated gratuitously in the

proceeds of a felony shall be found to make restitution in
an amount equivalent to the extent of such participation.
2.) The person who participated gratuitously in the proceeds
of a felony referred to in this article is not criminally
liable;
3.) The person participated gratuitously must not be an
accessory. (or violate of the Provisions of P.D 1612 –
Anti Fencing Law of 1979)
ART. 112 – EXTINCTION
OF CIVIL LIABILITY
CIVIL LIABILITY IS EXTINGUISHED IN THE FOLLOWING:

1.) By payment or performance;
2.) By loss of the thing due
3.) By the condonation or remission of the debt;
4.) By the confusion or merger of the rights of creditor and
debtor;
5.) By compensation;
6.) By novation
ART. 113 – OBLIGATION TO
SATISFY CIVIL LIABILITY
Except in case of extinction of his civil liability

as provided in the next proceeding article, the
offender shall continue to be obliged to satisfy
the civil liability resulting from the crime
committed by him, notwithstanding the fact he
has served his sentence consisting of
deprivation of liberty or other rights, or has not
been required to serve the same by reason of
amnesty, pardon, commutation of sentence, or
any other reason.:
ART. 113 – OBLIGATION TO SATISFY
CIVIL LIABILITY
1.) While amnesty wipes out all traces and

vestiges of the crime it does not extinguish
the civil liability of the offender.
2.) A pardon shall in no case exempt the culprit
from the payment of the civil indemnity
imposed upon him by the sentence. (Art.
36. 36, par. 2)
-END-

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CRIMINAL LAW 1

by: ATTY. JUVI H. GAYATAO

When the Spanish Colonizers came,

RAFAEL DEL PAN

5.) CRIMINAL LAW

1.) Classical/Juristic Theory

2.) Positive/Realistic Theory

3.) Eclectic/Mixed Theory

1.) Doctrine of PRO REO

1.) Doctrine of PRO REO

2.) NULLUM CRIMEN, NULLA POENA

2.) NULLUM CRIMEN, NULLA POENA

3.) Actus on Facit Reum, Nisi Mens Sit

Misapprehension of fact on the part of the person

4.) Actus me invito est meus actus

1.) To reform (reformation);

1.) The Revised Penal Code (Act. No.

A penal law is liberally constructed in

Proof beyond reasonable doubt does not

Criminal cases are decided not on the

The law must not be an “ex post facto” nor a bill

1.) Principles affecting Criminal Liability (Arts.

But consuls, vice-consuls and other

The national territory comprises the Philippine

The waters around, between, and connecting the

Binding even on crimes committed outside of the Philippines.

1. Offenses committed while on Philippine ship or airship.

2. Forging or counterfeiting any coin or currency note of the Philippines

3. Introduction into the country of the above mentioned obligations and

4. While being public officers and employees, an offense is committed

Rules as to jurisdiction over crimes committed

2.) English Rule:

3.) IRRETROSPECTIVITY OR PROSPECTIVITY

Penal laws shall not be given retroactive effect. Acts

A, was convicted for illegal Possession of

ELEMENTS OF DOLO ELEMENTS OF CULPA

 Criminal intent  Negligence/Impruden

 "el que es causa de la causa es causa del mal

-An act mala inse is a wrong act from its

-An act mala prohibita is a wrong

 Criminal liability shall be incurred by any person:

Error in personae (Mistake in Identity)

1.) If the act charged is not punished by

1.) Consummated Felony, A Felony is

2.) Frustrated Felony, A felony is frustrated

3.) Attempted Felony, There is an attempt

What is an indeterminate offense?

 Crimes that does not admit of

1. OFFENSES PUNISHABLE BY SPECIAL PENAL LAWS, unless the

2. FORMAL CRIMES – consummated in one instance

4. CRIMES CONSUMMATED BY MERE ATTEMPT

6. CRIMES COMMITTED BY MERE AGREEMENT

 Corruption of Public Officers

-are those infractions of law for the commission

-Light felonies are punishable ONLY when they

 Conspiracy exists when two or more

Proposal, There is a proposal when the

Not Punishable Except:

 Sedition (only Conspiracy)