CRIM1 (Atty.

RR B-MAMBURAM notes) 1

THE REVISED PENAL CODE (RPC) (ACT NO. 3815, 3.) Eccletic or Mixed- combination of the
AS AMENDED) “AN ACT REVISING THE PENAL positivist and classical theories wherein crimes
CODE AND OTHER PENAL LAWS” that have economic and social causes should be
dealt with modicum of compassion;
BOOK ONE
4.) Utilitarian- also known as the Protective
ARTICLE 1. Effectivity date 1 January, 1932- theory; the primary purpose of punishment is the
protection of society from actual and potential
Approved: December 8, 1930
wrongdoers;
 Adherence to the principle NULLUM
 CRIMINAL LAW- that branch of law which
CRIMEN NULLA POENA SINE LEGE
defines crimes, treats of their nature and
(THERE IS NO CRIME WHEN THERE IS N
provides for their punishment.
LAW PUNISHING IT.)
 Sources of criminal law (Substantive
Common law crimes (crimes are Criminal Law).
punishable even if there is no law 1.) Revised Penal Code (RPC)
2.) Special Laws
punishing it) are not punishable;
Police power- one of the inherent power of
 CRIME- is an act committed or omitted in
the state; power to regulate freedoms and
violation of a public law forbidding or
property rights of individuals for the
commanding it. (I Bouviers’ Law
protection of public safety, health and
Dictionary)
moral or the promotion of public
 Characteristics of Criminal Law:
convenience and general prosperity; a. GENERALITY- Phil. Criminal Laws are
Criminalization of a wrongful act is
binding on all persons who live or sojourn
legislative in character subject to the
in the Philippines—Basis:
following limitations: i. Article 14, NCC- “Penal laws and those
a.) Article III Section 22 which provides:
of public security and safety shall be
“No ex post facto law or bill of attainder
obligatory upon all who live or sojourn in
shall be enacted.”
the Philippines territory subject to the
‘ex post facto law’- a law the punishes an
principles of public international law and
act which was not punishable at the time
treaty stipulations.”)
it was committed;
ii. Article 2 of the RPC
‘bill of attainder’- a legislative act that
inflicts punishment without judicial trial. Exceptions:
b.) Article III Section 19 which provides: “ 1.) International Law – body of legal
No law that provides for cruel and unusual rules that governs the relations between
punishment shall be passed. states and international persons.
c.) Article III Section 14(1)- Due process of
law- “No person shall be deprived of life, Doctrine of incorporation—Section 2.
liberty or property without due process of Article II of the 1987 Constitution which
law”. – simply means basic fairness an provides: “The Philippines X X X adopts
adequate justice; a law that hears before the generally accepted principles of
it condemns, proceeds upon inquiry and international law as part of the law of the
renders judgment only after trial. land and adheres to the policy of peace,
equality, justice, freedom, cooperation and
 Theories underlying the RPC:
amity with all nations.”
1.) Classical/Traditional- Man is essentially a
moral creature with an absolute free will to Example: diplomatic immunity – diplomat
choose between good and evil and therefore treated as an extension of the sending
more stress is placed upon the result of the state under the extraterritoriality
felonious act than upon the criminal himself. principle.
Note: in Schneckenburger v. Moran (G.R. No.
-- presupposes that man knows how to distinguish
44896, July 31, 1936), a consul is not entitled to
right and wrong; the privileges and immunities of an ambassador
or minister but is subject to the laws and
--emphasis: act committed, not on the doer
regulations of the country to which he is
--adhered to by the Phil RPC accredited.
A consul is not exempt from criminal prosecution
2.) Positivist- man is subdued occasionally by a for violations of the laws of the country where he
stranger and morbid phenomenon which resides.
constrains him to do wrong inspite of or contrary
to his volition; - Exempt by virtue of the principles of PIL

a.) sovereigns and other chief of state;

--emphasis: the actor rather than on the act
 CRIM1 (Atty. RR B-MAMBURAM notes) 2

b.) Ambassadors, ministers, plenipotentiary, CASE: Pp v. Mangulabnan (99 Phil 992,

ministers resident and charges d’ affaires. 998). In view of the Spanish text which
must prevail, the crime committed is
2.) Treaty stipulation robbery with homicide, even if the
- Pacta sunt servand’ – international
homicide supervened by mere accident.
agreements must be performed in good
faith. ARTICLE 2. Application of its provisions. –
Except as provided in the treaties and laws
- Ex. Visiting Forces Agreement –
of preferential application, the provisions of
implement of the US-RP Mutual Defense
this Code shall be enforced not only within
Treaty allowing US military to visit the
the Philippine Archipelago, including its
Philippines.
atmosphere, its interior waters and
3.) Laws of Preferential Application maritime zone, but also outside of its
i. xxx ? – prohibits the arrest and jurisdiction, against those who:
imprisonment of foreign ambassador or
1.) Should commit an offense while on a
public minister or his domestic or
Philippine ship or airship;
domestic servant;
2.) Should forge or counterfeit any coin or
ii. Articles of War (CA No. 408) – members currency nte of the Philippine Island s or
of the AFP are under the jurisdiction of obligations and securities issued by the
courts-martial for service connected Government of the Philippine Islands;
3.) Should be liable for acts connected with
offenses defined only in Art. 54 to 70, 72 t
the introduction into these islands of the
92, 95 to 97.
obligations and securities mentioned in the
iii. Constitution parliamentary immunity preceding number;
from libel suit to Senators and Members of 4.) While being public officers or employees,
the House of Representatives. should commit an offense in the exercise of
their functions; or
iv. Code of Muslim XXX- bigamy shall not 5.) Should commit any of the crimes against
apply to a person married under Muslim national security and the law of nations,
Laws. defined in Title One of Book Two of this
Code.
b. TERRETORIALITY – Criminal laws shall
be enforced within the territory of the  Applicability of RPC provisions
Philippines. (Territoriality principle)
Exceptions: Article 2, RPC (as provided in
the treaties and laws of preferential -- enforced within the Phil. Archipelago
application) Note: 5 exceptions to the atmosphere internal waters and maritime zone.
exception (Art. 2, RPC). -- Crimes are recognizable by the RTC in which
the charge is filed.
c. PROSPECTIVITY – crimes are punished -- National territory of the Phil. (Article 1, 1987
under the law in force at the time of their Constitution)
commission. -- Philippine ship or airship – must be within the
Exception: Retroactive if the law is more territorial jurisdiction of another country; must be
favorable to the accused. registered in the Phil. or under Phil. Law.
Exceptions to the exception:
1.) If the new law is expressly made “Offenses committed on board a ship or airship”
inapplicable to pending actions or causes o Merchant ships – subject to the
of action; territorial laws
2.) Where the offender is a habitual o Foreign military or public
delinquent nder Art. 62 of the RPC (Art. 22 vessels/warships – refuted to be
of the RPC). the territory of the country to which
“habitual delinquent” – if within a period they belong.
of 10 years from the date of the release o Rules regarding jurisdiction: (if
or last conviction of the crimes of serious crime is committed on board a
or less serious physical injuries , robo, foreign merchant, vessel travelling
hurto, estafa, or falsification, he is found or anchored in the Phil. Territorial
guilty of any of the same crimes a third waters)
time or oftener.
A. FRENCH RULE – crimes committed aboard a
o Construction of penal laws foreign merchant vessel should not be prosecuted
a. in case of doubt, it is to be resolved in in the courts of the country within whose
favor of the accused; territorial jurisdiction they were committed.
b. Spanish text is controlling (code was
approved in its Spanish text)
 CRIM1 (Atty. RR B-MAMBURAM notes) 3

B. ENGLISH RULE—based on the territorial b. fault (culpa) – there is fault when the wrongful
principle and followed in the US act results from imprudence, negligence, lack of
-- crimes committed aboard a foreign merchant foresight or lack of skill.
vessel are generally triable in the courts of the
country within whose territory they were  Felonies – acts and omissions punishable
committed; by law which can be committed either by
-- adhered to in the Phil. deceit (dolo) when the act is performed
with deliberate intent; or by fault (culpa)
when the wrongful act results from
FRENCH RULE ENGLISH RULE
imprudence, negligence, lack of foresight
Crime shall be tried in Crime shall be tried
or lack of skill.
the vessel home state under the law of the
of the vessel except if place where the crime Elements of felony:
the crime affects the was committed except
peace, security and when the crime is 1.) There must be a voluntary act or omission;
safety of the territory minor ( affects only the 2.) The act or omission must be punishable by the
where the crime was internal mgt of the RPC; and
committed vessel), in which case, 3.) The act is performed or omission incurred by
it shall be tried under means of deceit of fault (Pp. v. Gonzales, et al.
the laws of the home G.R. No. 80762, March 19, 1990)
state
“Act” – a determination of will, producing an
Gen. Rule: Gen. Rule: Territorial
effect in the sensible world.
Extraterritorial principle principle
-- any bodily movement tending to produce some
Exception: Territorial Exception:
effect n the external world (Pp v. Gonzales, et al.
principle Extraterritorial principle
Jurisdiction: Flag Jurisdiction: territory supra)
-- only external act is punished
Country where the vessel is
located “Omission” – inaction, failure to perform what
the law requires
CASES:
--only omissions defined and punished by the RPC
1.) People v. Wong Cheng, (49 Phil 729) Held: Of are felonies
-- Omissions punished under the RPC:
these two rules, it is the English Rule that obtains
a. misprision of treason or failure to report to the
in this jurisdiction (Note: Cheng was decided
authorities any conspiracy against the Rep (Art.
during the American regime)
116);
- To smoke opium within our territorial limits,
b. delay in the delivery of detained persons to the
even though aboard a foreign merchant ship, is
authorities (Art. 125);
certainly a breach of the public order here c. delay in the release of prisoners (Art. 128);
established, because it causes such drug to d.) failure of the public officers to resist a
produce its pernicious effects within our territory. rebellion (Art. 137);
2.) US v. Ah Sing (36 Phil 978) A Chinese national e. failure to prosecute a violators of law (Art.
bought 8 cans of opium in Saigon and brought 208);
them on board a foreign vessel which anchored in f. failure of collecting officers to issue receipts
a Cebu port. Held: Accused can be charged and (Art. 213);
convicted of illegal importation of opium. (see: US g. failure of accountable officer to render
v. Look Chaw (18 Phil 573) decided in 1911) accounts (Art. 218 & 219);
Note: If the vessel is in transit, possession of h. failure of public officer to make delivery of
opium does not have a pernicious effect in our public funds (Art. 221);
country; hence Phil has no jurisdiction. If the i. evasion of sentence by a prisoner through
vessel is anchored in any port of the Phil, negligence of the officer charged with his custody
possession of opium is equivalent to importation, (Art. 224);
which produces pernicious effects in our country; j. abandonment of persons in danger and
hence, the Phil has jurisdiction. abandonment of one’s viction (Art. 275)

Note: Extra – territorial application of RA No. 9372 “Punishable by law” -- punished by the RPC
(Human Security Act of 2007) – see Section 58
Crime – acts or omissions punishable by any law
Offenses – applied to acts or omissions punished
ARTICLE 3. DEFINITIONS
by special laws
Felonies (delitos) – Acts and omissions punishable Infractions – acts or omissions punishable by
by law ordinance
How committed:
a. deceit (dolo) – there is deceit when the act is -- “Nullum crimen, nulla poena sine lege” –
performed with deliberate intent There is no crime when there is no law punishing
the act.
 CRIM1 (Atty. RR B-MAMBURAM notes) 4

b. Specific intent-must be proved as it is an

 Classification of felonies according element of a felony (ex. Article 324, specific
to the means by which they are intent of lewd designs must be proved)
committed: General criminal intent v. Specific criminal intent
(Recuerdo v. People, GR No. 68217, June 27,
a. Intentional felonies – act is performed with
deliberate intent (with malice) 2006) 342 - forcible abduction
against her will with lewd
designs
-- penalized for malice /dolo
General intent Specific intent
b. Culpable felonies – offender had no intention Presumed Not presumed
to cause an injury to another; act or omission is A deliberate and Its existence must be
not malicious. unlawful act gives rise proved by the State
to a presumption of just as any other
-- Injury caused to another is not intentional
malice by intent essential element
because the wrongful act results from
imprudence, negligence, lack of foresight or lack Malum in se v. Mala Prohibita:
of lack of skill.
a. Malum in se – act is inherently and
 Felony (by dolo or culpa) is committed essentially evil that is immoral in its nature and
VOLUNTARILY. injurious in its consequences, without any regard
 Essential Elements of Dolo/Malice: to the fact of it being noticed or punished by law
1.) Freedom – no freedom (Art. 12, Pars. 5 of the state
&6 – exempt from crim. Liability)
2.) Intelligence – infant has no -- internal act= meus rea
intelligence, thus, exempt from criminal -- external act= actus rea
liability
3.) Intent -- “A design; a determination to b. Mala Prohibita – an act which is nt inherently
do a thing; an aim the purpose of the immoral but becomes so because its commission
mind, including such knowledge as I s is expressly forbidden by positive law.
essential to such intent; the design,
resolve or determination with which a -internal act= intent to violate the law
-external act= prohibited act
person acts; use of particular means to
effect the desired result.
Mala in se Mala Prohibita
Criminal intent – necessary id felonies
Wrong per se Not inherently wrong
committed by means of deceit Crimes so serious in Violations of mere rules
- existence is shown by the overt acts of a
their effect to society of convenience
person
as to call for unanimous designed to secure a
- always presumed to exist on the part of
condemnation of its more orderly regulation
the persons who executes an act which
members of the affairs of society
the law punishes unless the contrary shall
Criminal intent is Criminal intent is
appear
required immaterial; Q: has the
- but where intent is an element of the
law been violated?
crime (specific criminal intent), the intent
Good faith or lack of Good faith or lack of
cannot be presumed but must be
criminal intent is a criminal intent is
established.
defense generally not a defense
Maxims: Modifying Modifying
circumstances are circumstances are not
1.) Actus me invito factus non est taken into account ii considered
meus actus – an act done by me against imposing the penalty
my will is not my act. on the offender
2.) Actus non facit reum nisi mens sit Generally refer to those Generally refer to those
rea – the act itself does not make a man acts or omissions acts or omissions made
guilty unless his intentions were so. punished by the RPC criminal by special laws

CASE: Padilla v. Dizon, 158 SCRA 127

ACTUS REUS+ MENS REA= DELITO (1998) Held: Judge Dizon was dismissed from
the service for gross ignorance of the law for
CRIM. ACT/OMISSION + CRIM. INTENT= acquitting Lo Chi Fai for violation of CB Circular
CRIME No. 960 on the flimsy ground that Lo Chi Fai had
no intention or mens rea, is completely
2 KINDS OF INTENT: immaterial in a crime mala prohibita.

A. General intent- presumed;  Essential elements in Fault/Culpa:

1.) Intelligence;
 CRIM1 (Atty. RR B-MAMBURAM notes) 5

2.) Freedom of action; freely and consciously

3.) Negligence.

Imprudence – deficiency od action; lack of skill  Intent v. Motive

Test: The failure to do what any ordinary person
would have ordinarily done.
Negligence – deficiency of perception, lack of Intent Motive
foresight; failure to foresee what a reasonable Purpose to use a The cause or reason
ought to foresee. particular means to which impels a person
effect a certain result to commit an act for a
Distinguish: definite result; a state
of mind
Intentional felony Culpable felony
Essential element of a Generally not an
There is malice No malice
felony essential element of
Deliberate intent The injury caused is not
any crime; proof of
intentional being the
motive is important in
result of an act
procedural law
performed without
(Circumstantial
intent
Accused has the Injury results from evidence)
intention to cause or imprudence,
inflict injury to another negligence, lack of MOTIVE, when relevant:
foresight or skill 1. Where the identity of a person accused
of having committed a crime is in dispute;
IGNORANCE or MISTAKE OF FACT 2. In ascertaining the truth between 2
(IGNORANTIA FACTI EXCUSAT) antagonistic theories or versions of the
-- Requisites:
killing;
a. the act done would have been lawful had the
3. Evidence is merely circumstantial how
facts been as the accused believed them to be;
motive is proved: generally, through the
b. the intention of the act in performing the act
testimony of witnesses on the acts or
should be lawful;
c. the mistake must be without fault or statements of the accused before or
carelessness on the part of the accused. immediately after the commission of the
offense.
CASES:
ARTICLE 4. Criminal liability shall be
1.) U.S. v. Ah Chong. (15 Phil 499) Held: Since evil incurred:
intent is in general an inseparable element in
every crime, any such mistake of fact as shows 1.) by any person committing a felony
the act committed to have proceeded from no (delito) although the wrongful act done be
sort of evil in the mind necessarily relieves the different from what that which he intended;
2.) by any person performing an act which
actor from criminal liability, provided always
would be an offense against persons or
there is no fault or negligence on his part.
2. Pp. v Oanis, et al. (74 Phil 257) accused went property, were it not for the inherent
out of the house to kill Dunca. However, because impossibility of its accomplishment or on
of the darkness of the night, the accused instead account of the employment of inadequate
killed Mapudul. Although the result was different or ineffectual means.
from what he intended, Oanis was still liable for
PAR. 1. “an accused is criminally liable for the
that result since he was committing a felony. The
acts committed by him violation of law and for all
Maxim ignorantia facti excusat applies only when
the natural and logical consequences resulting
the mistake is committed without fault or
therefrom”
carelessness.
 Intent to commit the crime v. intent to 2 elements:
perpetrate the act (U.S v. Go Chico, 14 Phil 1.) an intentional felony is committed;
129) 2.) the wrong done to the victim must be the
direct, natural and logical consequences of the
felony committed even though different from that
intended.
Intent to commit the Intent to perpetrate the
crime act Rationale: “El que es causa dela causa es causa
Not necessarily in Necessary in offenses del mal causado.” (He who is the cause of the
offenses punished by punished by special cause is the cause of the evil caused.)
special laws laws
Element of a crime Crime itself Exceptions:
There must be criminal It is enough that the
intent prohibited act is done
 CRIM1 (Atty. RR B-MAMBURAM notes) 6

a. there is an active force that intervened Held: Even if the victim is suffering from an
between the felony committed and the resulting interna ailment, liver or heart disease, or
injury and the active force is a distinct act or fact tuberculosis, if the blow delivered by the accused:
absolutely foreign from the felonious act of the (a) is the efficient cause of death;
accused. (b) accelerated his death; or
c.) is the proximate cause of death; then there is
Efficient intervening cause – something criminal liability.
absolutely and totally unexpected which
Note: If the resulting injury was aggravated by
intervened and which breaks the relation
infection, the infection should not be due to the
of cause and effect between the original
malicious act of the offended party.
felonious act and the result.

b. the resulting injury due to the intentional act of  Causes which produce a different result.
the victim.
1. MISTAKE IN THE IDENTITY OF THE VICTIM
CASES: (ERROR IN PERSONAE)
1.) Pp v. Ortega, Jr. (276 SCRA 166)
Held: the essential requisites for the application Requisites:
of par. 1 article 4 are that:
a. offender committed an intentional felony;
a. the intended act is felonious;
b. the resulting act is likewise a felony;
b. the consequent victim against whom the felony
c. the unintended albeit graver wrong was
primarily caused by the actor’s wrongful acts. was directed is different from that intended due
2.) Pp v. Almonte (56 Phil 54) to mistake of identity.
Held: When a person dies in consequence of an
internal hemorrhage brought on by moving about  Application of the Transferred intent
against the doctor’s orders, not because of Rule- the actual victim turns out to be
carelessness or desire to increase the criminal different from the intended victim.
liability of his assailant, the crime is homicide and
2. MISTAKE IN THE BLOW (ABERRATIO
not merely slight physical injuries, simply
ICTUS)
because the doctor was of the opinion that the
wound might have healed in seven days. - characterized by aiming at one but hitting the
3.)? other due to imprecision in the blow.
4.) Pp. v. Toleng et. Al (G.R. No. L-33535, January
17, 1975) defendants, identical twins, ran amuck, Requisites:
stabbed and wounded several passengers a. offender committed intentional felony;
resulting the death of 12 persons and multiple b. the consequent victim against whom the felony
injuries to others. was directed is different from that intended due
Held: If a man creates in another man’s mind an to mistake of blow.
immediate sense of danger which causes such
person to try to escape, and in so doing he injure  3 persons are involved – the offender the
himself, the person who creates such a state of intended victim and the actual victim; the
mind is response for the injuries which result. act may result in two or more felonies; but
5.) Urbano v. IAC (157 SCRA 10 (1988) ) considering that a single act was
Held: where medical findings lead to a distinct performed, the accused is liable for a
possibility that the infection of the wound by COMPLEX CRIME.
tetanus was an efficient intervening cause later
or between the time the deceased was wounded ERROR IN PERSONAE ABERRATIO ICTUS
to the time of his death, the accused must be Correct aim, wrong Faulty aim, right
acquitted of the crime of homicide. identity identity, different
6.) US v. Valdez (41 Phil 497) victim
Held: The victim who was threatened or chased
by the accused with a knife, jumped into the
water and because of the strong current or 3. THE INJURIOUS RESULT IS GREATER THAN
because he did not know how to swim he sank THAT INTENDED (PRAETER INTENTIONEM)
down and died of drowning. The wrong done is
Requisites:
considered the direct, natural and logical
consequence of the felony committed. a. offender committed an intentional felony;
7.) Pp. v. Abarca (153 SCRA 735 (1987))
Held: Infliction of injury covered by article 247 is b. the wrong act done, which is graver than that
not a felony. Thus, the husband is not liable for intended, is the direct, natural and logical
the direct, natural and logical consequence of his consequence of the felony committed by the
non-felonious act. offender.
8.) Pp v. Ulep (GR No. L-36858, June 20, 1988)
 It is a mitigating circumstance
 CRIM1 (Atty. RR B-MAMBURAM notes) 7

Ex. Accused struck victim with his fist on the back and thus, the accused failed to accomplish their
part of the latter’s head. The victim fell end to its factual impossibility.
backwards and his head struck the asphalt
pavement. The victim died after being brought to Elements:
the hospital. The post mortem exam revealed
1.) Acts are performed which would be a crime
that the victim had sustained a lacerated wound
against persons or property (see Title 8 &10);
and fracture of the skull and that he died from
cerebral hemorrhage, he also had tuberculosis 2.) There is criminal intent;
(not advanced) and a tumor in the left kidney.
3.) It is not accomplished because of inherent
Held: The accused is liable for murder qualified impossibility or because the means employed is
by treachery. (Pp v. Cagoco, 58 Phil 524) adequate or ineffectual;

FACTO EFFECT ON EFFECT ON 4.) Offender in performing an act is not violating

INTENT CRIMINAL another provision of the law.
LIABILITY
Aberratio Ictus Intended result Increases  Penalty for impossible crime: ARRESTO
Mistake in the falls on criminal MAYOR or a fine from P200 to 500
Blow another liability which (Article 59)
person which generally  No attempted or frustrated impossible
may be in results to a crime.
addition to the complex crime
injury on the ARTICLE 6. COSUMMATED, FRUSTRATED AND
originally ATTEMPTED FELONIES- Consummated felonies
intended as well as those which are frustrated and
victim attempted, are punishable.
Error in Intended result Extenuating if
A felony is consummated when all the elements
personae falls on the resulting
necessary for its execution and accomplishment
Mistake in the another due to crime is
are present; and it is frustrated when the offender
Identity of the error in greater than
Victim performs all the acts of execution which would
identity of the intended, e.g.
produce the felony as a consequence but which,
victim parricide when
nevertheless, do not produce it by reason of
the intended
causes independent of the will of the perpetrator.
crime is
homicide There is an attempt when the offender
pursuant to commences the commission of a felony directly
Art. 49, no by overt acts, and does not perform all the acts of
effect if the execution which should produce the felony by
resulting reason of some cause or accident other than his
offense is own spontaneous desistance.
similar
Praeter Actual crime Mitigating Stage Punishable or not
intentionem committed circumstance I. Mental xxx/Internal Not Punishable
The Injurious Result greater than under Art. 13 acts
is Greater than that intended (3) II. External/Physical
Intended
Acts G.R. not punishable
a. Preparatory acts Exc: If the RPC
Par. 2 IMPOSSIBLE CRIME
penalizes the act
- Applied only to acts punished by the RPC
b. Acts of execution
- Purpose to repress criminal tendencies because 1. Attempted PUNISHABLE
the offender, according to the Positivist theory, is 2. Frustrated
a potential criminal; objectivity, the offender 3. Consummated
commits no felony, but subjectively, the offender
is a criminal;
Acts of Execution:
- Society must be protected from a socially
1. Directly connected to the intended crime;
dangerous person.
2. Is punishable under the RPC;
CASE: Intod et. Al. vs. C.A (G. R. No. 103119,
October 21, 1992). Accused were convicted for a 3. Usually an overt act with a logical relation to a
impossible crime. The accused shot the place particular offense.
where he thought his victim would be, although in
reality, the victim was not present in said place
 CRIM1 (Atty. RR B-MAMBURAM notes) 8

 ATTEMPTED FELONY – when the offender  CONSUMMATED FELONY – When all the
commence the commission of a felony essential elements necessary for its
directly by overt acts and does not execution and accomplishment re present.
perform all the acts of execution which
should produce the felony by reason of Distinctions:
some cause or accident other than his own
Attempted Frustrated Consummate
spontaneous desistance.
d
- Offender never passes the subjective Overt acts of All acts of All the acts of
phase of the offense execution are execution are execution are
-The crime which the offender commenced commenced present present
to commit must be a grave or less grave Not all acts of Crime sought The result
felony, or crime against person or property execution are to be sought is
(see Art. 7). present committed is achieved
not achieved
Overt Act – some physical activity or deed
indicating the intention to commit a particular
crime, more than a mere planning or preparation, Some Examples:
which will logically and necessarily ripen into a
Act Attempte Frustrated Consumm
concrete offense if carried out to its complete
d ated
termination. Theft X forced Pp vs. Dino Pp vs.
opened CA 45 OG Espiritu
Requisites:
the 3446 – lack CA, G.R.
a. That there be external acts; padlock of ability of No. 2107—
b. Such external acts have direct connection with which the offender R, May 31,
the crime intended to be committed. was to dispose 1949 –
placed to freely the there was
Preparatory Act – has no direct connection with prevent articles taking
the crime. the car stolen Hospital
INDETERMINATE CRIME – one where the from RIFLES – linens
purpose of the offender in performing an act is being were bulky – were Non
not certain; its nature in relation to its objective is stolen, NO CRIME bulky
ambiguous. while OF goods –
opening, FRUSTRATE offender
1. Pp vs. Lamahang (91 Phil 703) – The act of
the police D THEFT had the
making an opening with an iron bar on the wall of
arrived VALENZUEL possession
a store – not attempted robbery.
2. Pp vs. Pancho (November 27, 2003) Accused (now A VS. PP and
dragged the victim and held her feet at this liable for (525 SCRA control
juncture, it cannot be safely concluded that he kidnappin 306, June (Valenzuel
was attempting to rape her. g) Pp vs. 21, 2007) a vs. Pp,
dela Cruz, Unlawful supra)
 FRUSTRATED FELONY – when the offender CA 43 OG taking, or Unlawful
performs all the acts of execution which 3202 apoderrami taking,
would produce the felony as a ento is which is
consequence but which, nevertheless, do deemed the
not produce it by reason of causes complete deprivatio
independent of the will of the perpetrator. from the n of one’s
moment the personal
- The crime must be a grave or less grave felony, offender property,
or crime against person or property (see Art 7). gains is the
possession element
FRUSTRATED ATTEMPTED FELONY
of the which
FELONY
things, even produces
Offender has performed Offender merely
if he has no the felony
all the acts of execution commence the
opportunity in its
which would produce commission of a felony
to disposed consumma
the felony as a directly by overt acts
of the same ted stage:
consequence and does not perform
Under Art.
all the acts of execution
308 of the
Offender has reached Offender has not
RPC, theft
the objective phase passed the subjective
cannot
phase
have a
frustrated
 CRIM1 (Atty. RR B-MAMBURAM notes) 9

stage-theft proved
can only that the
be penis of
attempted the
or accused
consumma reached
ted the labia
Arson X was still X placed X placed of the
placing flammable flammable pudendu
flammabl materials materials, m of her
e and lit a lit a match vagina
materials match, and Homicide X shot Y X shot Y and X shot Y
in certain police burned a / Murder and the was hit and was
places arrived part of the without latter was with a hit on his
(none house intent to hit only mortal heart and
according to kill, liable on the would on he
author L. only for thighs the head subsequen
Boado physical with but survived tly died
Rape X tried to None Pp v. Slight injuries intent to due to
commenc Erinia (50 penetratio kill but Y medical
e sexual Phil 998) n is ran away intervention
intercours Because the sufficient Bribery NONE NONE Acceptanc
e but tender age to e of the
because of the child, consumma bribe by a
of Y’s being only 5 te rape, public
resistanc years old entrance officer
e, was and 6 of the Corruptio If the NONE If the
distracted months at labia n of public public
and ran the time, majora public officer officer
away; penetration Actus rea: official rejects or accepts
there was was sexual returns the bribe
merely impossible intercours the bribe given by
stroking due to the e without the briber
of the infantile the Adultery/ NONE NONE Upon
external character of consent of concubin carnal
surface of the vagina. the victim age knowledge
the Accused Mens rea:
vagina – was found intent to
 Graduation of penalty
touching guilty of have
of the frustrated carnal
Consumma Stage Frustrated Attempted
labia rape. In Pp knowledge
ted Stage Stage
majora or vs. Orita of the Principals 0 1 2
minora of (supra), the victim Pp Accomplice 1 2 3
the SC vs. Orita, s
pudendu abandoned G.R. No. Accessories 2 3 4
m by the the Erinia 88724,
penis, or principle April 4,
stroking and 1990.  FORMAL CRIMES – consummated in one
of the declared it instant, or by performance of a single act
mons as a stray of execution
pubis decision. Examples: 1. Felony by omission
2. Slander
(may be
3. False testimony in court
also held 4. Possession of picklocks
liable for
acts of  MATERIAL CRIMES – not consummated at
lusciousn one instant or by a single act of execution.
ess) – if Example: homicide/murder; rape
there is
nothing in
the
victim’s ARTICLE 7. When Light Felonies are
testimony punishable. Light felonies are punishable
that only when they have been consummated,
 CRIM1 (Atty. RR B-MAMBURAM notes) 10

with the exception of those committed  Indicium of conspiracy – when the acts of
against persons or property. the accused are aimed at the same object;
acts are concerted and cooperative
indicating closeness of personal
association, concerted action and
Light felonies – those infractions of law for the
concurrence of sentiments
commission of which the penalty of arresto menor
 - inferred from the acts of the accused
or a fine not exceeding 200 pesos or both is
before during and after the crime which
provided (Par. 3, Article 9)
point to a joint design, concerted action
-- Punishable only when consummated except and commonality of sentiment or interest
 - once proved the act of one becomes the
light felonies against persons and against
property (meaning: in these crimes, the act of all
 Examples of conspiracies punished:
attempted and frustrated stage are punishable)
1. Conspiracy to commit treason
2. Conspiracy to commit coup d’ etat,
-- examples:
rebellion or insurrection
a. Art. 309, no.7 3. Conspiracy to commit sedition
Note: treason, rebellion r sedition should
b. Art. 309, no. 8 not be actually committed
4. Monopolies and combinations in
c. Art. 313 restraint of trade
5. Machinations in public auctions
d. Art. 328, No. 3 ; Art. 329, No. 3 6. Abuse against chastity
7. Brigandage (Art. 306)
e. Art. 266- physical injuries

ARTICLE 8. CONSPIRACY and PROPOSAL TO  Proof of conspiracy:

COMMIT FELONY
a. allegation – conspiracy must be alleged in the
-- not punishable because they are only information
preparatory acts; except in those cases where the
law specially provides penalty therefor b. quantum of proof. Proof beyond reasonable
doubt
CONSPIRACY – exist when two or more persons
come to an agreement concerning the  2 kinds of conspiracy:
commission of a felony and decide to commit it.
a. Express – proven by direct evidence
2 levels:
b. Implied – proven by circumstantial evidence;
Conspiracy as the Conspiracy as a holds 2 or more persons participating in the
crime manner of incurring commission of a crime collectively liable as
criminal liability conspirators although absent any agreement to
Law specifically Conspiracy is not a that effect, when they act in concert,
provides for a penalty. separate offense; act of demonstrating unity of criminal intent and a
Examples: conspiracy one is the act of all; common purpose or objective.
to commit treason, absorbed by the crime
rebellion, coup d’ etat, actually committed. Distinguish: (Pp vs. Alberca, 257 SCRA 613)
or sedition conspiracy Example: if the
Syndicated crime Conspiracy
to commit espionage conspirators actually
group (R.A. 7659)
(CA 616), conspiracy to committed treason or
2 or more persons Exists when 2 or more
commit arson (PD rebellion conspiracy
collaborating, persons agree and
1613), conspiracy to shall not be considered
confederating or decide to commit any
bribe voters (OEC), as a separate offense
mutually aiding one crime
conspiracy to commit but a manner of
another for the purpose
terrorism (RA No. incurring criminal
of gain in the
9372), conspiracy in liability
commission of any
the sale, - conspiracy may be
crime
administration, express or implied An offense is Such purpose is not
delivery, distribution committed for purposes necessary in conspiracy
and transportation of of gain
dangerous drugs (RA A crime group is an Such organization is
9165) organized group not necessary in
conspiracy
 CRIM1 (Atty. RR B-MAMBURAM notes) 11

PROPOSAL – when the person who has decided 3. consummated felony

to commit a felony proposes its execution to
some other person or persons. ARTICLE 10. Gen. Rule: RPC provisions shall
not apply to offenses punishable by other
 Examples of proposals punished: penal laws
1. Proposal to commit treason
2. Proposal r=to commit coup d’etat, Special law – a penal law which punishes acts
rebellion or insurrection not defined and penalized by the RPC (US vs.
 Proposal to commit sedition is not Serapio, (23 Phil 584)
punishable
ARTICLE 9. Classification of felonies according CHAPTER TWO
to their gravity:
 What circumstances do affect criminal
1. Grave felonies; liability?
2. Less grave felonies; 1. justifying circumstances under Art. 11;
3. Light felonies. 2. exempting circumstances under Art. 12;
3. mitigating circumstances under 13;
GRAVE FELONIES – are those to which the law 4. aggravating circumstances under Art.
attaches the capital punishment or penalties 14; and
which in any of their periods are afflictive in 5. alternative circumstances under Art. 15.
accordance with Article 25 of the RPC
 What are other factors which affect
-afflictive penalties under Art. 25: criminal liability?
a. Reclusion perpetua 1. absolutory circumstances – refer to
b. Reclusion temporal exempting circumstances outside Art 12
c. Perpetual or temporary absolute (Ex: certain relatives who acted as
disqualification accessories to the offenders under Art 20,
d. Perpetual or temporary special disqualification those covered by Art 332 for crimes and
e. Prision mayor relatives enumerated therein;
2. extenuating circumstances – mitigating
LESS GRAVE FELONIES – are those which the law
circumstances not found in Art. 13, such
punishes with penalties which in their maximum
as par. 3 of Art. 333 and the mother in the
period are correctional
crime of infanticide in Art. 255.
- Correctional penalties:
a. Prisiion correccional ARTICLE 11. JSTIFYING
b. arresto mayor CIRCUMSTANCES – The following do
c. suspension not incur any criminal liability;
d. destierro
(1) Anyone who acts in defense of his
person or right provided that the
 Criterion in determining whether the following circumstances concur:
felony is grave or less grave (COMPOUND First – Unlawful aggression;
PENALTY) Second – Reasonable necessity of the
means employed to prevent or repel
- Classification of the maximum period of the it;
imposable penalty under Art 25 Third – Lack of sufficient provocation
Ex: felony punishable by prision correctional on the part of the person defending
to prision mayor is a grave felony, because himself.
PM is the higher of the two penalties
prescribed and is an afflictive penalty.  Article 11 recognized the acts of such
persons as JUSTIFIED. There is no crime
LIGHT FELONIES – are those infractions of law committed; person is not deemed to have
in which the penalty is arresto menor or a fine transgressed the law and is free from both
not exceeding P200 or both criminal and civil liabilities except under
par. 4 (civil liability is borne by the persons
Summary of classifications of felonies under
benefitted by the act)
the RPC  Burden of evidence: rests upon the
a. under Article 3 accused; prove by clear and convincing
1. felonies by act evidence.
2. felonies by omission
b. according to the manner of commission Requisites of the 1st element:
1. intentional felonies
2. culpable felonies A. UNLAWFUL AGGRESSION ON THE PART OF THE
c. according to the stages of execution PERSON KILLED OR INJRED
1. attempted felony
2. frustrated felony
 CRIM1 (Atty. RR B-MAMBURAM notes) 12

Unlawful aggression – condition sine qua non 2. provocation must be given to the aggressor by
to invoke self-defense; an indispensable requisite. the person defending himself;

-- Equivalent to assault or at least threatened 3. provocation must be the proximate and

assault of an immediate and immaterial kind. immediate cause of the unlawful aggression.

2 kinds of aggression: -- sufficient provocation – it should be

proportionate to the act of aggression and
a. Actual – presupposes an act positively strong, adequate to stir the aggression to its commission.
showing the wrongful intent of the aggressor;
which is not merely threatening or intimidating CASE: People vs. Abrazaldo (February 7, 2003,
attitude, but a material attack (397 SCRA 137) Held: Accused-appellant showed
ambivalence in invoking self-defense. While he
b. Imminent – attack that is impending or at the admitted the commission of the crime in order to
point of happening preserve his own life, he maintained that Guban
accidentally stabbed himself.
B. AGGRESSION MUST BE OFFENSIVE AND
CRIMINAL  Article 11 (1) speaks of anyone who acts
in defense of his person or rights
C. AGGRESSION MUST BE CONTINOUUS
Defense of person – defense against unlawful
- Retaliation is not a justifying circumstance
aggression, which constitutive of crime against
-when the aggressor flees, unlawful aggression person
must no longer exists
Defense of right – defense against unlawful
D. AGGRESSION MUST BE NON-MUTUAL aggression on which is constitutive of a crime
involving the right of the defender such as theft,
- aggression must not be an incident to a flight acts of lasciviousness and libel

Requisite of the 2nd element: Defense of property right – Principle of Self-

Help (Art. 429 of the Civil Code)
A. Actual unlawful aggression – REPEL IT
= a defender may employ reasonable and
= Imminent unlawful aggression – PREVENT IT necessary means to prevent or repel unlawful
aggression against his property right pursuant to
“Necessitas Non Habet Legem” (Necessity
the rule or self-defense in relation to the principle
knows no law). In times of emergencies, human
of self-help
nature does not act upon processes of formal
reason but in obedience to the instinct of self- = assault on property amounts to unlawful
preservation aggression
+ The means to be reasonable must be Some Rules:
commensurate with the necessity of preventing
or repelling such aggression Apolinar rule: Pp v. Apolinar (CA 38, OG 2870)
Defense of property is not of such importance as
right to life, and defense of property can be
invoked as justifying circumstance only when it is
“Stand Ground when In the Right” Principle—
coupled with an attack on the person of the one
applies when a person is unlawfully assaulted and
entrusted with said property
if the aggressor is armed with a weapon, the
assailed may face his aggressor and is not
required to take refuge in flight
Narvaez rule:
- did not replace the ancient common law rule in
homicide as “retreat to the wall” (where the Case: Pp vs. Narvaez (G.R. Nos. L-33466-67, April
accused was where he had a right to be, the law 20, 1983)
does not require him to step aside when his
assailant is rapidly advancing upon him with a Facts: Accused was taking a rest but when he
deadly weapon) heard that the walls of his house were being
chiselec, he arose and he found that 1 of the
Requisites of the 3rd element: laborers was indeed chiseling the wall of his
house with a crowbar, while deceased Rubia was
1. provocation must be sufficient; nailing the barbed wire and Davis was
commanding his laborers. Accused pleaded to
 CRIM1 (Atty. RR B-MAMBURAM notes) 13

stop the fencing. Accused got his gun and shot the person attacked that the one making the
Davis and Rubia. There was unlawful aggression defense had no part therein.
despite the fact that the invasion of his property
right was not coupled with an attack against the DEFENSE OF RELATIVE
accused.
Requisites:
Note: Accused was still convicted since the
1. Unlawful aggression;
resistance that he employed against the invaders
of his property was unreasonable and 2. Reasonable necessity of the means employed
disproportionate to the attack against his to prevent or repel it;
property right
3. Lack of participation in relative’s provocation.
BATTERED WOMAN SYNDROME
Person being defended
Section 26 of R.A. 9262 – Victim-survivors who
are found by the courts to be suffering from 1. Spouse;
battered woman syndrome do not incur any
criminal and civil liability notwithstanding the 2. Ascendants;
absence of any of the elements for justifying
3. Descendants;
circumstances of self-defense under the RPC
4. Brother or sister, legitimate, natural or
- definition: refers to a scientifically defined
adopted;
pattern of psychological and behavioral
symptoms found in women living in battering 5. Relatives by affinity in the same degrees (ex.
relationships as a result of cumulative abuse. Parents in-law, son in-law, daughter in-law,
brother in-law, sister in-law, stepfather,
“dating relationship” – refers to a situation
stepmother, stepchild);
wherein the parties live as husband and wife
without the benefit or marriage or are 6. Relatives by consanguinity within the forth civil
romantically involved over time and on a degree.
continuing basis during the course of the
relationship. A casual acquaintance or ordinary (3) Anyone who acts in defense of the person or
socialization between two individuals in a rights of a stranger, provided that the first and
business or social context is not a dating second requisites mentioned in the first
relationship. circumstances in this article are present and that
the person defending be not induced by revenge,
ELEMENTS OF BWS under R.A. No. 9262: resentment, or other evil motive.

1. The battered woman and batter must have a DEFENSE OF STRANGER

relationship – sexual relations or dating
relationship; Stranger – anyone not considered as relative
within the concept of defense of relative
2. The battered woman must be suffering from
physical and psychological or emotional distress; Requisites:
(What is battery?)
1. Unlawful aggression;
3. Physical and psychological or emotional
distress resulted from cumulative abuse by 2. Reasonable necessity of the means employed
battered; (single act of battery – exercise right of to prevent or repel it;
self-defense)
3. The person defending be not induced by
4.) The bettered woman must have actually revenge, resentment or other evil motive.
feared imminent harm from her batterer and
(4) Any person who in order to avoid an evil or
honestly believed in the need to kill him in order
injury, does an act which causes damage to
to save her life.
another, provided that the following requisites are
(2) Any one who acts in defense of the person or present;
rights of his spouse, ascendants, descendants, or
First – That the evil sought to be avoided actually
legitimate, natural or adopted brothers or sisters,
exists;
or of his relatives by affinity in the same degrees
and those by consanguinity within the fourth civil Second – That the injury feared be greater than
degree, provided that the first and second that done to avoid it;
requisites prescribed in the next preceding
circumstance are present and the further Third – That there be no other practical and less
requisites in case the provocation was given by harmful means of preventing it.
 CRIM1 (Atty. RR B-MAMBURAM notes) 14

a. execution of death convict by personnel of

bureau of corrections – not liable for murder
AVOIDANCE OF GREATER EVIL OR INJURY
b. Doctor’s office – ex. A surgeon, who amputated
- Also called STATE OF NECESSITY the leg of a patient to save him from gangrene, is
not liable for the crime of mutilation.
- Accused does not commit a crime in legal
contemplation; hence, is not criminally and civilly (6) Any person who acts in obedience to an order
liable issued by a superior for some lawful purpose.

- Civil liability is borne by the person/s benefited OBEDIENCE OF LAWFUL ORDER

by the act of the accused
Requisites:

1. Order has been issued by a superior;

(5) Any person who acts in the fulfillment of a
duty or in the lawful exercise of a right or office. 2. Such order must be for some lawful purpose;

3. Means used by subordinate to carry out such

order is lawful.
FULFILLMENT OF DUTY
- superior and subordinate who executed an act
Requisites: were acting within the limitations prescribed by
law
1. The accused must have acted in the
performance of a duty;

2. The injury caused or the defense committed ARTICLE 12. EXEMPTING CIRCUMSTANCES.
should have been the necessary consequence of
due performance of duty.  In exempting circumstances, there is a
crime committed but no criminal liability
1st requisite: arises.. Since there is a crime, although
there is no criminal liability, there is civil
- Such as arresting victim pursuant to the
liability except in accident and insuperable
flagrante delicto rule, hot pursuit of fugitive rule,
cause which strictly are not criminal.
serving a warrant of arrest or search warrant
The following are exempt from criminal
2nd requisite:
liability:
- Use of necessary and reasonable force
(1) An imbecile or an insane person, unless
Note: Not a license to kill the latter has acted during a lucid interval;

When the imbecile or an insane person has

committed an act which the law defines as a
EXERCISE OF RIGHT felony (delito), the court shall order his
confinement in one of the hospitals or
Requisites: asylums established for persons thus
afflicted, which he shall not be permitted to
1. The accused must have acted in the exercise
leave without first obtaining the permission
of right;
of the same court.
2. The injury caused or the offense committed
Imbecility – Feeblemindedness or a mental
should have been the necessary consequence of
condition approaching that of one who is insane;
lawful exercise of right
analogous to childishness and dotage
PROPERTY RIGHT (in relation to Article 429 of the
Insanity – Evinced by a deranged and perverted
Civil Code)
condition of the mental faculties which is
1. Actual or threatened invasion – owner or lawful manifested in language and conduct;
possessor may use force to prevent or repel it;
2 elements:
2. Owner or lawful possessor may plea two
1. Offender is insane;
defenses: (a) Defense of property right; (b) Lawful
exercise of right. 2. The offender has not acted during a lucid
interval.

- Burden of proving: accused

EXERCISE OF OFFICE
 CRIM1 (Atty. RR B-MAMBURAM notes) 15

- Accused is presumed sane at the time of the -- acted with discernment entitled to
commission of the crime privilege mitigating circumstance under
article 68 (2) – penalty reduced to one
- Article 800 of the Civil Code provides that every degree lower
person is of sound mind, in the absence of proof
to the contrary

- The allegation of insanity must be clearly  Age of criminal responsibility is the age
proved. when a child, fifteen (15) years and one
(1) day old or above but below eighteen
 2 stringent standards (Pp vs. Formigones, (18) years of age, commits an offense with
87 Phil 658) discernment – See Section 4 of AM No.
02-1-18-SC, November 24, 2009)
1. Test of Cognition – whether there was a
“complete deprivation of intelligence in CHILDREN AT RISK – those who are vulnerable to
committing the criminal act” and at the risk of committing criminal offenses
because of persona, family and social
2. Test of Volition – whether there was a “total
circumstances exemplified in Sec 2(d)
deprivation of freedom of the will”
CHILDREN IN CONFLICT WITH THE LAW (CICL) –
- no control of acts
those who are alleged as, accused of or adjudged
 Accused must ne insane at the time of as having committed an offense under Philippine
commission of the crime laws.

(2) A person under nine years of age (Repeated -- A person who at the time of the commission of
by Sec. 6 of R.A. No. 9344) the offense is below eighteen (18) years old but
not less than fifteen (15) years and one (1) day
(3) A person over nine years of age and under old. (see Section 1 AM No. 02-1-18-SC, November
fifteen, unless he acted with discernment, in 24, 2009)
which case, such minor shall be proceeded
against in accordance with the provisions of  It is prohibited for competent authorities o
Article 80 of this code. brand or label these children as ‘young
criminals,’ ‘juvenile delinquents,’
‘prostitutes.’ Or attach to them any
derogatory names in any manner.
When such minor is adjusted to be criminally
irresponsible, the court, in conformity with the MINORITY
provisions of this and the preceding paragraph,
shall commit him to the care and custody of his Age Effect program
family who shall be charged with his surveillance 15 years or EXEMPTING Intervention
and education; otherwise, he shall be committed under program under
to the care of some institution or person Sec. 20
15 years and 1 EXEMPTING Intervention
mentioned in said Article 80. (Repealed by P.D.
day or above program
No. 603, as amended. Also repealed by Sec. 6 of
but below and
R.A. 9344)
acted without
SEC. 6, R.A. 9344 (Juvenile Justice and discernment
Welfare Law) 15 years and 1 PRIVILEGED Diversion
day or above MITIGATING program under
A child fifteen (15) years of age or under at but below 18 chapter 2
the time of the commission of the offense and acted with
shall be exempt from criminal liability. A discernment
child above fifteen (15) but below eighteen
(18) years of age shall likewise be exempt
from criminal liability unless he/she acted  Discernment – mental capacity to
with discernment. understand the difference between right
and wrong.
 15 years of age or under – conclusive  Discernment means the capacity of the
presumption of lack of intelligence child at the time of the commission of the
 15 and 1 day but below 18 – offense to understand the differences
between right and wrong and the
-- acted without discernment entitled to consequences of the wrongful act (R.A. No.
exempting circumstance 9344)
 CRIM1 (Atty. RR B-MAMBURAM notes) 16

-- may be shown by the conduct of the offender favor of Boniao who was not shown to be a
habitual criminal. This is based on Article 22 of
-- shown by the extent of participation of the the Revised Penal Code xxx
accused in committing a crime
(4) Any person who, while performing a
 “offense” – refers to any act or omission lawful act with due care, causes an injury by
whether punishable under special laws or mere accident without fault or intention of
the RPC causing it.
 Under 18 years of age – exempt from the
prosecution for the crime of vagrancy and ACCIDENT
prostitution under Article 202 of the RPC,
of mendicancy under P.D. No. 1563 and -- Elements:
sniffing of rugby under P.D. No. 1618
-- undergo appropriate counseling and 1. A person is performing a lawful act;
treatment program (Sec. 58 R.A. 9344)
2. With due care;
 Status Offense – refers to offense which
discriminate only against a child, while an 3. He causes an injury to another by mere
adult does not suffer any penalty for accident;
committing similar acts (Ex. Curfew
violations, truancy) 4. Without any fault or intention of causing it.
 Determination of age: CICL shall enjoy
presumption of minority (See Section 5 of CASES:
AM No. 02-1-18-SC, November 24, 2009)
a. Pp vs. Tiongco, (CA 63 OG 3610) Accused drew
(1) The best evidence to prove the age of his gun and with it struck the deceased after the
a child is an original or certified true copy latter gave him a fistic blow on the shoulder, after
of the certificate of live birth; striking the deceased, the gun accidentally fired
(2) In the absence of a certificate of live hitting the deceased. Held: The striking is lawful
birth, similar authentic documents such as being a legitimate exercise of self-defense. The
baptismal certificates and school records firing of gun due to the striking is accidental.
or any pertinent document that shows the
date of birth of the child; b. U.S. vs. Tanedo (15 Phil 196) Deceased went
(3) In the absence of the documents under the accused to hunt wild chickens at the forest.
paragraphs 1 and 2 of this section due to While hunting, accused shot the chicken but the
loss, destruction or unavailability, the bullet recoiled and hit the deceased. Held: Life
testimony of the child, the testimony of a was taken by misfortune or accident while in the
member of the family related to the child performance of a lawful act executed with due
by affinity or consanguinity who is care and without intention of doing harm.
qualified to testify on matters respecting
c. Pp vs. Fallorina (GR No. 137347, March 4,
pedigree such as the exact age or date f
2004): Accident and negligence are intrinsically
birth of the child pursuant to Sec. 40, Rule
contradictory, one cannot exist with the other.
130 of the Rules of Evidence, the
testimonies of the other persons, the d. Pp vs. Ayaya (52 Phil 354): In thrusting her
physical appearance of the child and other umbrella in the opening of the door in question,
relevant evidence, shall suffice. accused did so to free her son from the imminent
danger of having his head crushed or being
 In all cases involving a child, the court
strangled; and if she thus caused her husband’s
shall make a categorical finding as to the
injury, it was by mere accident, without any fault
age of the child.
or intention to cause it.
CASE: Valcesar Estioca vs. People of the
(5) One who acts under the compulsion of
Philippines (GR No. 173876, June 27, 2008)
irresistible force
Held: Nonetheless, as correctly ruled by the Court
Basis: Actus me invite factus non est meus acyus.
of Appeals, Boniao, who was barely 14 years of
(An act done by me against my will is not my
age at the time he committed the crime, should
act.)
be exempt from criminal liability and should be
released to the custody of his parents or guardian IRRESISTIBLE FORCE
pursuant to Sections 6 and 20 of Republic Act No.
9344, otherwise known as The Juvenile Justice -- Elements:
and Welfare Act of 2006 xxx Although the crime
was committed on 28 July 2001 and Republic Act 1. Somebody used force compelling the accused
No. 9344 took effect only on 20 May 2006, the to commit a crime
said law should be given retroactive effect in
 CRIM1 (Atty. RR B-MAMBURAM notes) 17

2. The force used to compel the accused to 1. Where there is spontaneous desistance during
commit a crime, must be irresistible attempted stage of a crime – Article 6

(6) One who acts under the impulse of an 2. Where light felony, which is not against person
uncontrollable fear of an equal or greater or property is committed in attempted or
injury frustrated stage – stage Article 7

Basis: Actus me invite factus non est meus actus. 3. Where accessory is relative of principal –
(An act done by me against my will is not my act) Article 20

UNCONTROLLABLE FEAR 4. Where there are legal grounds for arbitrary

detention – Article 124
Elements:
5. Where there are legal grounds for trespass to
1. Existence of uncontrollable fear of an injury dwelling – Article 280

2. The fear of an injury must be real and 6. Where theft, swindling or malicious mischief is
imminent committed against relative – Article 322

CASE: Pp vs. Moreno (77 Phil 549): Defendant 7. Where spouse or minor daughter was surprised
claimed that he had been ordered by Major in the act of sexual intercourse with another
Sasaki to kill the deceased and he was person – Article 247
threatened by the officer. Captain Susuki told
accused. “You have to comply with that order of 8. Where offender married the offended party in
Major Sasaki; otherwise you have to come along cases involving crime against chastity and rape –
with us.” Held: The threat is not of such a serious Article 344 and 266-C;
character and imminence as to create in the mind
of the defendant an uncontrollable fear that an 9. Mistake of fact;
equal or greater evil or injury would be inflicted
10. Where there is instigation.
upon him or he did not comply with the alleged
order to kill the deceased. Instigation – elements:

Distinction: 1. Law enforcement officers or the agents

performed acts of persuasion, trickery, or fraud to
Irresistible force Uncontrollable fear
induce the accused to commit a crime to
The offender was The offender was
prosecute him
compelled to commit a compelled to commit a
crime through the use crime through threat or 2. The criminal design originates in the minds of
of physical force intimidation the government officials rather than that of the
innocent defendant
(7) One who fails to perform an act required
3. There are no private complainant involved
by law, when prevented by some lawful or
insuperable cause Entrapment – commonly employed by police
officer as an effective way of apprehending law
Insuperable cause – An exempting circumstance
offenders in the act of committing a crime.
which applies to felonies by omission.
Ex. Buy bust operations
DISTINGUISH:
Instigation Entrapment
Justifying Exempting Committed when law Ways and means are
Circumstances Circumstances enforcers lure an resorted to for the
Acts are justified and Actor is exempted but
accused into purpose of trapping
non-felonious act is unjustified
committing the offense and capturing
Pertains to the act Pertains to the actor
in order to prosecute lawbreakers in the
complained of
him execution of their
G.R. No. civil liability , G.R. there is civil
criminal plan
Exception: Par. 4 on liability
Instigators become co- Sanctioned by law as a
state of necessity
principals themselves legitimate method of
apprehending criminal
ABSOLUTORY CAUSES elements
Absolutory cause will Not an absolutory
- Those where the act committed is a crime but lead to accused’s cause; not a bar to
for reasons of public policy and sentiment there is acquittal accused’s prosecution
no penalty imposed. Cases covered are: and conviction
 CRIM1 (Atty. RR B-MAMBURAM notes) 18

CHAPTER THREE  Avoidance of evil -- there is no incomplete

justification of avoidance of evil in the
ARTICLE 13. MITIGATING CIRCUMSTANCES. -- absence of evil
The following are mitigating circumstances:
2. That the offender is below eighteen years
Modifying circumstances – attendance of any of of age (privileged mitigating circumstance)
these circumstances modifies the criminal liability
of the actor. They are: - See R.A. No. 9344

a. Mitigating circumstances; Elements:

b. Aggravating circumstances; 1. The child must be above 15 years (15 years

and 1 day) but below 18 years of age.
c. Alternative circumstances.
2. The child must have acted with discernment.
Mitigating Circumstances – those which if
present in the commission of the crime do not  Graduation of penalty – privileged
entirely free the actor from criminal liability, but mitigating circumstance – penalty lower
serve only to reduce the penalty by one degree (Article 68)

- based on the diminution of either freedom of - Ex. Child committed homicide. The penalty of
action, intelligence or intent or on the lesser reclusion temporal fixed for homicide shall be
perversity of the offender. graduated to prision mayor

Ordinary & Privilege Circumstances Exempting age - 15 years or under

-above 15 (15 and 1
Ordinary Privileged
day) but below 18 and
Governed by Article 13 Subject to Article 13 in
acted without
in relation to Article 64 relation to Articles 68 &
discernment
69
Mitigating age -above 15 (15 and 1
Presence, if not off-set Presence has the effect
day) but below 18 and
by aggravating of reducing the penalty
acted with discernment
circumstance, has the one or two degrees
effect of applying the lower
penalty in its minimum That the offender is over seventy years of
period age
Can be off-set by Not subject to the off-
aggravating set rule Seniority – ordinary mitigating circumstance
circumstance
Ex. Article 13 (3) to Article 13 (1) and (2) (3) That the offender had no intention to
(10) commit so grave a wrong as that committed

- PRAETER INTENTIONEM – notable disparity

Specific privileged mitigating circumstances between the means employed by the accused to
– The law prescribes a lesser penalty; they are: commit a wrong and the resulting crime
committed
a. Slight Illegal Detention (Art. 268)
Ex. (Pp vs. Jaurigue, G.R. No. 384, February 21,
b. Abandonment in Adultery (Art. 333) 1945) When, the deceased placed his hand on
the right thigh of the appellant, the latter stabbed
c. Intent to conceal the dishonor in infanticide
the former. Appellant merely wanted to punish
(Art. 255)
the offending hand of the deceased with her knife
MITIGATING CIRCUMSTANCES as shown by the fact that she inflicted upon him
only one single wound, the mitigating
1. Those mentioned in the preceding circumstance of lack of intention to commit so
chapter, when all the requisites necessary grave a wrong as that actually committed should
to justify the act or to exempt from criminal be considered in her favor.
liability in the respective cases are not
attendant: Non-applicability:

 Unlawful aggression – there is no a. culpable felonies;

incomplete self-defense of stranger or
b. felonies where intention is not material (ex:
relatives in the absences of unlawful
unintentional abortion)
aggression
c. felonies not resulting to physical injuries or
material harm (ex: defamation)
 CRIM1 (Atty. RR B-MAMBURAM notes) 19

d. Anti-Hazing La (Section 4 of R.A. No. 8049) it is proper to give the defendant the benefit of
this mitigating circumstance.
(4) That sufficient provocation on the part
of the offended party immediately preceded b. Pp vs. Ignas (G.R. No. 140514-15, September
the act 30, 2003) Held: The apse of two weeks between
his discovery of his wife’s infidelity and the killing
SUFFICIENT PROVOCATION of her supposed paramour could no longer be
considered proximate. The passage of a fortnight
Elements:
is more than sufficient time for appellant to have
a. there must be provocation on the part of the recovered his composure and assuaged the
offended party; unease in his mind.

b. the provocation must be sufficient; c. Pp vs. Benito (December 17, 1976) The
deceased uttered the following remark at 11:00
c. provocation must immediately precede the am in the presence of the accused and his
criminal act committed by the offender officemates: “Nag-iistambay pala ditto and
magnanakaw.” At 5:00 pm of the same date,
 Sufficient – provocation must be accused killed the deceased. Held: The six hours
adequate to excite a person to interval between the alleged grave offense
commit the wrong, which must committed by the victim against Benito and the
accordingly be proportionate in assassination was more than sufficient to enable
gravity Benito to recover his serenity.

(5) That sufficient threat on the part of the d. Pp vs. David (60 Phil 93) Held: Aside from the
offended party immediately preceded the fact that the provocation of the offense, it should
act also be proportionate to the damage caused by
the act and adequate to stir one to its
SUFFICIEN THREAT
commission. The remark attributed to the
Elements: deceased that the daughter of the accused is a
flirt does not warrant and justify the act of
a. there must be a threat on the part of the accused in slaying the victim.
offended party;
Composure test: If the conduct of the accused
b. the threat must be sufficient; after the victim perpetrated grave offense but
prior to the commission of the crime will show
c. the threat must immediately preceded the that he already regained his composure, the
criminal act committed by the offender crime will not be considered to have been
committed in proximate vindication of the grave
(5) That the act was committed in the
offense.
immediate vindication of a grave offense to
the one committing the felony (delito) his (6) That of having acted upon an impulse so
spouse, ascendants, descendants, powerful as naturally to have produced
legitimate, natural or adopted brothers or passion of obfuscation
sisters or relatives by affinity within the
same degrees PASSION or OBFUSCATION

VINDICATION OF A GRAVE OFFENSE Elements:

CASES: a. The victim perpetrated unlawful or unjust act

which produced passion or obfuscation;

a. U.S vs. Ampar (G.R. No. 12883, November 26, b. Passion must arise from lawful sentiment of the
1917) During a fiesta, the accused, a man of 70 offender and not from spirit of lawlessness or
years of age, asked the deceased for some roast revenge;
pig. Deceased answered “There is no more. Come
c. The passion or obfuscation caused lost of
here and I will make roast pig of you.” A little
control and reason on the part of the offender;
while later, accused came up behind and struck
him on the head with an ax, causing the death d. The length of time between the perpetration of
the following day. Held: The offense which the the act that produced passion and the
accused was endeavoring to vindicate would to commission of the crime must not be
an average person be considered as a mere trifle. considerable enough for the accused to recover
But since to this defendant, an old man, it his normal equanimity.
evidently was a serious matter to be made the
butt of a joke in the presence of so many guests,
 CRIM1 (Atty. RR B-MAMBURAM notes) 20

CASES: - a surrender to be voluntary must be

a. U.S vs. Hicks (14 Phil 217) Held: Passion must spontaneous, showing the intent of the accused
arise from lawful sentiments, loss of control must to submit himself unconditionally to the
originate from legitimate feelings, not those authorities, either
which arise from legitimate feelings, not those
which arise from vicious, unworthy and immoral a. because he acknowledges his guilt; or
passions.
b. because he wishes to save the authorities the
b. Sanico vs. CA (36 OG 98) Held: Accused in trouble and expenses necessarily incurred in his
raping the victim acted in the spirit of search and capture.
lawlessness and succumbed to the uncontrollable
That the offender had voluntarily confessed
passion of his bestial instinct because the former
his guilt before the court prior to the
finds himself in a secluded place with the latter, a
presentation of the evidence for the
young ravishing woman, almost naked.
prosecution
c. U.S. vs. dela Cruz (G.R. No. 7094, March 29,
VOLUNTARY CONFESSION
1912) Accused, in the heat of passion, killed the
deceased, who had theretofore been his querida Elements:
(concubine) upon discovering her in flagrante in
carnal communication with a mutual 1. The accused spontaneously confessed his guilt;
acquaintance. (Difference with Hicks: in Dela
Cruz, impulse upon which defendant acted and 2. The confession was made in open court;
which naturally produced passion and obfuscation
3. The confession was made before a competent
was that the woman declined to have illicit
court trying the case;
relations with him, but the sudden revelation that
she was untrue to him, and his discovery of her in 4. The confession of guilt was made prior to the
flagrante in the arms of another. presentation of evidence by the prosecution.

Passion/Obfuscation Uncontrollable fear (8) That the offender is deaf and dumb,
Offender acted upon an The offender upon blind or otherwise suffering some physical
impulse so powerful as impulse of defect which thus restrict his means of
naturally to have uncontrollable fear action or defense, or communication with
produced passion or committed a crime his fellow beings
obfuscation against the against a person other
person causing such than the one causing PHYSICAL DEFECT
such later
Mitigating circumstance Exempting Pp vs. Deopante (G.R. No. 1002772, October 30,
circumstance 1996) Held: In order for this condition to be
Passion/Obfuscation Irresistible Force appreciated, it must be shown that such physical
Mitigating circumstance Exempting defect limited his means to act, defend himself or
circumstance communicate with his fellow beings to such an
Cannot give rise to Requires physical force extent that he did not have complete freedom of
irresistible force action, consequently resulting in diminution of
Is in the offender Must come from a third the element of voluntariness.
himself person
Must arise from lawful Unlawful (9) Such illness of the offender as would
sentiments diminish the exercise of the will-power of
the offender without however depriving him
of consciousness of his acts.
(7) That the offender had voluntarily
surrendered himself to a person in ILLNESS
authority of his agents
Basis: diminution of intelligence and intent
VOLUNTARY SURRENDER
Elements:
Elements:
1. The offender is suffering from illness;
1. The offender has not actually been arrested;
2. Such illness must diminish the exercise of the
2. The offender surrendered himself to a person will-power of the offender;
in authority of the latter’s agent;
3. Such illness should not deprive the offender of
3. The surrender was voluntary (unconditional, consciousness of his acts.
spontaneous).
 CRIM1 (Atty. RR B-MAMBURAM notes) 21

(10) Any other circumstance of a similar piracy is reclusion perpetua. If piracy is

nature and analogous to those mentioned in accompanied by rape, crime committed is
paragraphs 1 to 9 of Article 13 qualified piracy. The commission of the rape on
the occasion of piracy is a qualifying
A. Extreme poverty (Pp vs. Macbul, G.R. No. circumstance. The penalty for qualified piracy is
48976 October 11, 1943) reclusion perpetua to death.

Elements: (Note: R.A. No. 9346 imposable penalty of death

shall be reduced to reclusion perpetua.)
i. the economic condition of the accused must be
worst that that of poor; d. Aggravating circumstances under Special law –
G.R. aggravating circumstance under the RPC do
ii that the accused was driven to commit crime
not apply to special laws
by reason of poverty;
Examples:
iii. the accused is charged with the crime against
property. i. Ordinary aggravating – Under RA 8294, the use
of unlicensed firearm in homicide or murder is
B. Analogous to old age
ordinary aggravating, subject to the off-set rule.
C. Analogous to passion – outrage feeling of
ii. Special aggravating – if the acts punishable
debtor against creditor, outrage feeling of
under RA No. 9262 are committed while the
creditor against debtor
woman or her child is pregnant or committed in
D. Analogous to voluntary surrender – Restitution the presence of her child the penalty shall be
of the property stolen by the accused or applied in its maximum period. (Off-set rule not
immediately reimbursing the amount malversed applicable)

E. Analogous to an illness that diminishes the --the use of dangerous drugs (Section 25, RA No.
exercise of will power – CASE: People vs. Marivic 9165) is a qualifying circumstance.
Genosa (decided prior to the enactment of R.A.
o Aggravating circumstances must be
9262) – The SC appreciated the battered woman
expressly and specially alleged in the
syndrome only as a mitigating circumstance that
complaint or information, otherwise the
diminishes the will power.
same will not be considered by the court
CHAPTER FOUR even if proved during the trial.

ARTICLE 14. AGGRAVATING (1) That advantage be taken by the offender

CIRCUMSTANCES. The following are aggravating of his public position
circumstances:

Aggravating circumstances – those which, if

TAKING ADVANTAGE OF PUBLIC POSITION
attendant in the commission of the crime, serve
to increase the penalty without however, -- RA No. 7659 amended Article 62 of the RPC and
exceeding the maximum of the penalty provided converted the “taking advantage of public
by law for the offense. position” into a special aggravating circumstance
a. Ordinary Aggravating Circumstance – increase -- Penalty to be imposed in the maximum
the penalty by period or by component if found to regardless of the presence of mitigating
be present in the commission of the crime unless circumstances
it is offset by mitigating circumstance
-- Elements:
b. Special Aggravating Circumstance – increase
the penalty by period or by component if found to 1. the offender is a public officer;
be present in the commission of the crime
regardless of the presence of mitigating 2. offender took advantage of his position to
circumstance facilitate the commission of the crime.

Examples: Taking advantage of public position (2) That the crime be committed in
under article 14 (1), habitual delinquency and contempt of or with insult to the public
organized/syndicated crime group under Article authorities
62 RPC
IN CONTEMPT OF OR WITH INSULT TO
c. Qualifying Aggravating Circumstance – PUBLIC AUTHOROTIES –
Example: 1. Qualified piracy – attacking a vessel
Elements:
plus taking of property is piracy. The penalty of
 CRIM1 (Atty. RR B-MAMBURAM notes) 22

a. the public authority is engaged in the exercise were living in the same dwelling, the former could
of public function; not have transgressed the sanctity of privacy due
to the dwelling by committing a crime therein)
b. the offender committed a crime despite of his
presence showing lack of respect for public o Dwelling (Pp vs. Parazo, 272 SCRA 512)
authorities; does not necessarily means that the
victim owns the place where he lives or
c. he who is thus engaged in the exercise of said dwells. Be he a lessee, a boarder, or a
functions is not the person against whom the bedspacer, the place is his home, the
crime is committed; sanctity of which the law seeks to protect
and uphold.
d. the offender knows him to be a public
o Dwelling is aggravating:
authority.
a. if the victim was taken from his home and
(3) That the act committed with insult or in
killed just beside his abode;
disregard of the respect due to the
offended party on account of his rank, age, b. victim was attacked inside his own house
or sex, or that it be committed in the although the assailant may have devised means
dwelling of the offended party, if the latter t perpetuate the assault from without (Pp vs.
has not given provocation Albar, 866 Phil 36);

DISREGARD OF RANK, AGE OR SEX AND c. Robbery with violence or intimidation of

DWELLING persons;

 Disregard of RANK – “rank refers to d. victim was raped in the boarding house where
a high social position or standing; she was a bedspacer (Pp vs. Daniel, 86 SCRA
there must be a difference in the 511)
social condition of the offender and
the offended party. e. crime committed in temporary dwelling (e.g.
 Disregard of SEX – ELEMENTS: sleeping as guests)

a. the victim must be a female while offender

male;
DWELLING NOT CONSIDERED:
b. offender committed the crime with insult to or
in disregard of the respect due to the victim on
account of her sex a. when both offender party are occupants of the
same house (U.S. vs. Rodriguez, 9 Phil 136);
-- not appreciable in rape, parricide, seduction or
abduction the former being inherent in the latter b. when the robbery is committed by the use of
force upon things because dwelling is inherent;
 Disregard of AGE – Elements:
c. in the crime of trespass to dwelling, as dwelling
a. the victim must be of tender age or old age
is inherent in the crime;
and there must be a considerable age gap
between the offender and the victim d. when the owner of the dwelling gave sufficient
and immediate provocation.
b. offender committed the crime with insult to or
in disregard of the respect due to victim on ABUSE OF CONFIDENCE
account of his/her age.
Elements:
 DWELLING (MORADA) – Elements:
1. There is special, immediate and personal
a. offender committed crime in the dwelling of relation between the victim and the offender;
the offended party (Dwelling – house or structure
exclusively used for rest and comfort but not 2. Victim reposed confidence on the offender
necessarily owned by the offended party; also because of such relationship;
includes every dependency of the house that
3. The accused deliberately abused such
forms an integral part thereof)
confidence as a means to facilitate the
b. offended party has not given sufficient commission of crime.
provocation
Abuse of confidence is a Qualifying circumstance
c. offender committed the crime in disregard of in Qualified Theft (Art. 310) and Qualified
the sanctity of privacy and the respect which the Seduction (Art. 337)
dwelling is entitled (if the offender and victim
 CRIM1 (Atty. RR B-MAMBURAM notes) 23

That the act be committed with obvious

ungratefulness;
NIGHTTIME, UNINHABITED PLACE AND BAND
OBVIOUS UNGRATEFULNESS
Nighttime (OBSCURIDAD)
Ungratefulness – lacking in gratitude; obvious or
apparent - Nighttime – period of darkness beginning at
end of dusk and ending at dawn (Viada).
Abuse of Confidence Obvious
Ungratefulness Nights are from sunset to sunrise (Art 13, Civil
Essence: taking Essence: commission of Code)
advantage of the a crime instead of
UNINHABITED PLACE (DESPOBLADO) – one
confidence reposed by being grateful the
where there are no houses at all, a place at a
the victim on the generosities given by
considerable distance from town, or where the
offender to facilitate the victim to the
houses are scattered at a great distance from
the commission of the offender
each other
crime
Factors:
(5) That the crime be committed in the
1. Distance – a place where there are no people
palace of the Chief Executive, or in his
or any number of houses with a perimeter of not
presence, or where public authorities are
less than 200 meters is uninhabited.
engaged in the discharge of their duties, or
in a place dedicated to religious worship; 2. No-help – no reasonable possibility of the
victim receiving help
PLACE OF COMMISSION
a. Obstruction factor
- generic ordinary aggravating
b. visibility, audibility and accessibility tests
Places:
BAND (CUADRILLA) – at least four malefactors;
1. Religious paces – church, mosque (even if
at least four of them are armed; at least four of
there is no worship of function)
them tale part together in the commission of the
2. Palace or presence of the President crime.

-Inside Malacanang Palace (even if the President  Arms or weapon – capable of inflicting
is not present) serious or fatal injuries upon the victim of
the crime (ex. Stones)
-Outside the Palace if the crime was committed in  Armed men must act together in the
the presence of the President. commission of the crime
 BAND considered an inherent
3. Offices of Public Authorities – city hall, circumstance i brigandage (Highway
barangay hall, court room, police station, senate Robbery under PD No. 532);
hall or hall of house of Rep. – it is necessary that
the public authority was present and was (7) That the crime be committed on the
engaged in his official function occasion of a conflagration, shipwreck,
earthquake, epidemic, or other calamity or
misfortune

 If the crime was committed in the ON OCCASION OF CALAMITY OR

presence of public authority other than the MISFORTUNE (“chaotic condition”)
President while engaged in his official
function – aggravated by the circumstance  This circumstance is qualifying in theft
of contempt of public authority under Art.
14 (2) (8) That the crime be committed with the
aid of armed men
(6) That the crime be committed in the
nighttime, or in an uninhabited place, or by AID OF ARMED MEN
a band, whenever such circumstances may
 Extent of participation of armed men or
facilitated the commission of the offense;
persons – 2 views:
A. Reyes, Padilla’s and Gregorio’s – armed men
Whenever more than three armed
must directly or indirectly participate in the
malefactors shall have acted together in the
commission of the crime;
commission of an offense, it shall be
B. Regalado’s – “with the aid of armed men”
deemed to have been committed by a band.
means that armed men are accomplices who take
 CRIM1 (Atty. RR B-MAMBURAM notes) 24

part directly or indirectly in the commission of the Distinctions:

crime in a minor capacity
-- adopted in Pp vs. Lozano (G.R. Nos. 137370-71, Recidivism Reiteracion
September 29, 2003) It is enough that the a It is necessary that the
final judgment has offender shall have
That the crime be committed with the aid of been rendered in the 1st served out his sentence
persons who insure or afford impunity offense for the 1st offense
Requisites that the Previous and
AID OF PERSONS WHO AFFORD IMPUNITY offenses be included in subsequent offenses
the same title of the must not be embraced
Ex. A asked the help of ten persons in killing B. A
Code in the same title of the
instructed the group to dance around B so that A
Code
can stab B.
Always to be taken into Not always an
(9) That the accused is a recidivist; A consideration in fixing aggravating
recidivist is one who, at the time of his trial the penalty to be circumstance
for one crime, shall have been previously imposed upon the
convicted by final judgment of another accused
crime embraced in the same title of this
Code. QUASI-RECIDIVISM
Recidivist – is one who at the time of his trial for - Special aggravating circumstance under Article
one crime, shall have been previously convicted 160
by final judgment of another crime embraced in
the same title of this Code. Elements:

RECIDIVISM (REINCIDENCIA) a. offender had been previously convicted by a

final judgment;
Elements:
b. before beginning to seve such sentence or
1. Accused has been previously convicted of a while serving the same, offender committed the
crime by a final judgment; subject felony
2. Accused has been previously convicted of a - crime need not be embraced in the same title of
crime by a final judgment at the time of his trial the RPC
for the subject crime.
- penalty: Maximum period of the penalty
3. The crime for which he was previously prescribed by law for the new felony
convicted and the subject crime for which he is
being tried are in the same title of the RPC. (10) That the offender has been previously
punished for an offense to which the la
 What is controlling is the time of trial, not attaches an equal or greater penalty or for
the time of the commission of the offense. two or more crimes to which it attaches a
lighter penalty;
Example: Accused was previously convicted of
final judgment of murder. Accused is being tried REITERACION
for homicide. Recidivism may be appreciated as
aggravating. (Homicide and murder fall under the Elements:
same title of the RPC)
1. Offender have been previously punished for
 Effect of Executive Clemency: one crime or two or more crimes;

a. Pardon (Pp vs. Lacao, Sr. et. Al., (G.R. No. 2. The offender committed the subject crime after
95320, September 4, 1991) held: Recidivism was he served out his previous sentences;
property considered since a pardon for a
preceding offense does not obliterate the fact 3. The previous crime/s and the subject crime
that the accused is a recidivist upon his must not be embraced in the same title;
conviction of a second offense embraced in the
4. The law attaches for one prior crime a penalty
same title of the Code.
equal to or greater than that for the subject
b. Amnesty – Art. 89 provides that amnesty crime, or for two or more prior crimes a penalty
completely extinguishes the penalty and all its lighter than that for the subject crime.
effects. Thus, previous conviction of a crime
covered by amnesty could not be a source of
recidivism. - Common with Recidivism and Quasi-Recidivism:
Final judgment of conviction of another crime.
 CRIM1 (Atty. RR B-MAMBURAM notes) 25

FORMS OF REPETITION EVIDENT PREMEDITATION (PREMEDITACION

CONOCIDA)
1. Recidivism (Art. 14, Par. 9) – ordinary
aggravating Elements:

2. Reiteracion (Art. 14, Per. 10) – ordinary 1. The time when the accused was determined to
aggravating commit the crime;

3. Quasi-Recidivism (Art. 160) – special 2. An act manifested indicating that the accused
aggravating clung to that determination;

4. Habitual delinquency or Multi-recidivism (Art. 3. A lapse of time between the determination and
62) – extraordinary aggravating the execution sufficient to allow the accused to
reflect upon the consequences of the act.
(11) That the crime be committed in
consideration of a price, reward, or  Essence: The execution of the criminal act
promise; must be preceded by cool thought and
reflection upon the resolution to carry out
PRICE, REWARD OR PROMISE the criminal intent, during the space of
time sufficient to arrive at a calm
Elements:
judgment.
1. The principal by inducement offered price,
(14) That craft, fraud, or disguise be
reward and consideration to induce another in
employed
committing a crime;
CRAFT OR FRAUD
2. Principal by direct participation must accept
the offer; o INTELLECTUAL or MENTAL means to
3. The offer, which was accepted, is the primary which the criminal resorts to carry out his
factor that induced the principal by direct design.
o FRAUD – direct inducement by insidious
participation in committing the crime.
words or machinations to induce the
- affects both the offeror and the offeree victim to act in a manner which would
enable the offender to carry out his design
(12) That the crime be committed by means o CRAFT – employing trick or ploy to gain
of inundation, fire, poison, explosion, access to the victim in committing a
stranding of a vessel or intentional damage crime; acts of the accused done in order
thereto, derailment of a locomotive, or by not to arouse the suspicion of the victim;
the use of any other artifice involving great use of intellectual trickery and cunning on
waste and ruin; the part of the accused

GREAT WASTE AND RUIN Craft Fraud

Act of the accused There is a direct
 Inundation – flood of water; to inundate done in order not to inducement by
means to flood a place with water arouse the suspicion of insidious words or
 Poison – toxic substance that causes the victim machinations
illness, injury or death if taken into the
body or produced within the body
 Explosion – sudden loud release of energy o DISGUISE (DISFRAZ)
and a rapidly expanding volume of gas - resorting to any device to conceal
that occur when a bomb detonates or gas identity
explodes -contemplates a superficial but somewhat
 Use of illegally possessed explosives shall effective dissembling to avid identification
be considered as aggravating (Pp vs. Reyes, G.R. No. 118649, March 9,
circumstance under RA 8294 1998 – accused assumed a mask but was
 Stranding – drifting, driving, or running readily recognizable – disguise not
aground of a ship on a stand (strand – appreciated)
shore or bank of a sea or river)
CASE: Pp vs. Cabato (G.R. No. L-37400) the fact
 Derailment – t make a train come off the
that the mask subsequently fell down thus paving
rails
the way for this one’s identification does not
(13) That the act be committed with evident render the aggravating circumstance of disguise
premeditation; inapplicable

(15) That advantage be taken of superior

strength
 CRIM1 (Atty. RR B-MAMBURAM notes) 26

Controlling test: Whether the offender

ABUSE OF SUPERIOR STRENGHT consciously or deliberately adopted means and
Superiority: method to render victim defenseless.
A. Armed superiority
b. Physical superiority (female inferiority, old-age (17) That means be employed or
inferiority; tender age inferiority, size inferiority) circumstances brought about which add
c. Numerical superiority (4 against one)
ignominy too the effects of the act.
ORGANIZED/SYNDICATED CRIME GROUP
IGNOMINY – circumstance pertaining to the
 Special aggravating circumstance found in
moral order, which adds disgrace and xxx to the
Article 62
material injury caused by the crime
 Means a group of two or more persons
collaborating confederating or mutually Elements:
helping one another for the purpose of
gain in the commission of any crime 1. The offender perpetrated ignominious act
 Penalty maximum penalty of the offense when the victim was still alive;
 The group is an organized group for
purposes of gain (Ex. Robbery or 2. The ignominious act put the offended party in
kidnapping syndicate) a humiliating condition;

MULTPLE OFFENDERS 3. The ignominious act was perpetrated with

intent to augment the moral pain of the victim.
1. Band;
(18) That the crime be committed after an
2. Aid of armed men; unlawful entry;

3. Abuse of superior strength; UNLAWFUL ENTRY (ESCALAMIENTO) – When

an entrance is effected by a way not intended for
4. Organized/syndicated crime group. the purpose.

Elements:

(15) That means be employed to weaken 1. Entrance in a building, house or edifice is made
the defense; by a way not intended for the purpose;

MEANS TO WEAKEN THE DEFENSE 2. Crime was committed after the entry.

Examples: (19) That as a means to the commission of a

crime, a wall, roof, floor, door or window be
a. Throwing sand or dirt upon the victim’s yes
broken;
and then wounds or kills him;
BREAKING OF WALL, ROOF, FLOOR, DOOR
b. Throwing a cloak over the head of the
OR WINDOW
opponent and while in this situation, accused
wounds or kills him - Breaking must be unlawful

(20) That the crime be committed with the

aid of persons under fifteen years of age;
(16) That the act be committed with
treachery (alevosia); There is treachery AID OF PERSON UNDER 15 YEARS OLD
when the offender commits any the crimes
against the person, employing means, -generic ordinary aggravating
methods or forms in the execution thereof
which tend directly and specially to insure (20) That the crime be committed by means
its execution without risk to himself arising of motor vehicles motorized watercraft,
from the defense which the offended party airships, or other similar means;
might make.
MOTOR VEHICLES
TREACHERY (ALEVOSIA)
- generic ordinary aggravating
Elements:
(21) That the wrong done in the commission
1. At the time of the attack, the victim was not in of the crime be deliberately augmented by
the position to defend himself; causing other wrong not necessary for its
commission
2. The offender consciously adopted the manner
of attack to make the victim defenseless.
 CRIM1 (Atty. RR B-MAMBURAM notes) 27

CRUELTY (ENSANAMIENTO)

 There is cruelty when the culprit enjoys Note: NO analogous aggravating circumstance;
and delights in making his victim suffer List in Art. 14 is EXCLUSIVE.
slowly and gradually, causing him
unnecessary physical pain than in the CHAPTER FIVE
consummation of the criminal act
ARTICLE 15. ALTERNATIVE CIRCUMSTANCES
 Test: Whether the accused deliberately
ALTERNATIVE CIRCUMSTANCES – those which
and sadistically augmented the wrong by
must be taken into consideration as aggravating
causing another wrong not necessary for
or mitigating according to the nature and
its commission or inhumanly increased the
effects of the crime and the other conditions
victim’s suffering or outraged or scoffed at
attending its commission.
his person or corpse.
 Victim should be alive or conscious A. RELATIONSHIP

Cruelty Ignominy - alternative circumstance in general, qualifying

Act is not necessary Appreciable even if circumstance in parricide and rape, and
t the commission of the act of the exempting circumstance in theft, malicious
the crime offender is mischief and swindling
necessary to the
commission of the RELATIVE – offender’s
crime
Refers to physical Involves moral a. spouse;
suffering suffering
b. ascendants;

SCOFFING AND OUTRAGING c. descendants;

o Qualifying circumstance in murder d. legitimate, natural or adopted brothers or

sisters;
under Art, 248 but is not listed as an
ordinary aggravating circumstance e. relatives by affinity within the same degrees –
o 2 kinds:
cannot be stretched to include persons attached
a. scoffing or outraging at his person;
b. scoffing or outraging at his corpse. by common-law relations.

To Scoff – to express derision or to scorn o Severe penalty by reason of relationship –

at somebody; see RA No. 9262 & RA No. 7610
Outrage – to offender or insult. o In crimes against Property – exempting or
mitigating – exempting under Article 322
USE OF UNLICENSED FIREARM AND of the RPC (Theft, Swindling or Malicious
EXPLOSIVES (PD 1866, as amended by RA No. Mischief)
8294) – ordinary aggravating circumstance; must o In crimes against Chastity – relationship is
be alleged in the information aggravating

 If the offender killed the person with the -- see Qualifying circumstance in Article 266-B
use of unlicensed firearms or explosives:
-- minority AND relationship is qualifying in rape
1. Offender shall be charged with and punished
for homicide or murder with ordinary aggravating B. INTOXICATION
circumstance of use of unlicensed firearm;
1. When Mitigating – elements:
2. Offender cannot be charged with an punished
a. he consumption of alcohol drinks was in such
independently for illegal possession of firearm
quantity as to blur the offender’s reason and
Elements: deprive him of certain degree of control; and

1. The offender is not authorized to possess b. Intoxication must be non-habitual and

firearm or explosives; unintentional

2. Offender used unlicensed firearm or explosives Note: a. Section 27 of RA 9262: Being under the
in committing a crime. influence of alcohol, any illicit drug, or any other
mind-altering substance shall not be a defense
Section 5 of RA 8294: Unlicensed firearm – under this Act.
include firearms with expired license or
unauthorized use of unlicensed firearm in the b. Use of Dangerous Drugs (see Section 25 of RA
commission of the crime. 9165) whether the use of drugs is intentional or
unintentional, habitual or non-habitual, the
 CRIM1 (Atty. RR B-MAMBURAM notes) 28

circumstance of under the influence of dangerous 2. Accomplices.

drugs attending the commission of the crime is
aggravating.

C. INSTRUCTION AND EDUCATION Article 17. PRINCIPALS. – The following are

considered principals:
1. When Mitigating – Elements:
1. Those who take a direct part in the
a. The offender because of lack or low degree of execution of the act;
instruction and education could have fully
realized the consequence of his criminal act; and 2. Those who directly force to induce others
to commit it;
b. The crime must not be inherently wrong that
every man, schooled or ignorant, must have 3. Those who cooperate in the commission
known is immoral character. of the offense by another act without which
it would not have been accomplished.
 Tests:

a. Schooling Test and Literacy Test – OLD TEST

Pages 29-30 (missing)
b. Intelligence and Knowledge Test – not illiteracy
alone but also lack of sufficient intelligence and
knowledge to fully realize the consequence of his …robbery or theft, buys, receives, possesses,
criminal act are necessary keeps, acquires, sells or disposes, or buys and
sells, or in any manner deals in any article, item,
-- controlling test in recent jurisprudence
object or anything of value, which has been
 Inherently Immoral nature of the derived from the proceeds of the said crime.
crime.
3. The accused knows or should have known that
a. crimes against property – robbery and theft the said article, item, object, or anything of value
has been derived from the proceeds of the crime
b. crimes against person – homicide, murder, of robbery or theft; and
rape
4. There is on the part of the accused intent to
c. crimes against chastity – adultery gain for himself or for another.

d. treason – love of country should be a natural Accessory in theft or Fence under PD 1612
feeling of every citizen robbery
Penalty is 2 degrees Heavy penalties on
II. When Aggravating – Elements: lower than that persons who profit by
prescribed for the the effects of the crime
a. the offender possessed a high degree of
principal of the crime of theft or
instruction and education; and
robbery
b. offender took advantage of such high degree of Accessory after the fact Principal in the offense
education in committing the crime in theft or robbery of fencing
Crime committed is Crime is Malum
malum in se prohibitum
No presumption similar Sec. 5 establishes a
TITLE TWO. PERSONS CRIMINALLY LIABLE to that provided under presumption – mere
FOR FELONIES PD 1612 possession shall be
prima facie evidence of
Article 16. who are criminally liable. – The fencing
following are criminally liable for grave and
less grave felonies:
 PD 1612:
1. Principals;
a. CASE: Tan vs. People (G.R. No. 134298, August
2. Accomplices; 26, 1999) as complainant Rosita Lim reported no
loss nor filed a complaint for theft of the stolen
c. Accessories.
items, we cannot hold for certain that there was
The following are criminally liable for light committed a crime of theft.
felonies:
c. Permit to sell second-hand items.
1. Principals;
d. Presumption of fencing – mere possession of
any goods, article, item, object or anything of
 CRIM1 (Atty. RR B-MAMBURAM notes) 29

value which has been the subject or anything of c. The offender intended to impair the veracity,
value which has been the subject of robbery or authenticity, legality, availability or admissibility
thievery shall be prima facie evidence of fencing. of the said paper, record, document, or object as
evidence in any investigation of or official
 Accessory in piracy and brigandage: proceedings in criminal cases, or official
A. liable as an accessory in piracy and proceeding on criminal cases.
brigandage under the RPC;
B. accomplice in the crime of piracy or Accessory under the Obstruction of
brigandage – highway robbery under PD RPC Justice
No. 532. Required that a crime It is not necessary that
was committed by the the crime was
 PD No. 532 – Principal committed by the
principal
FORMS under PD No. 532:
Destroys or conceals Destroys or conceals
1st – the offender protects or aids pirates, or the body of the crime, “document or object”
brigands or highway robbers or the effects or to be used as evidence
instruments thereof in a case may include
2nd – directly or indirectly abetting the the body of the crime,
commission of piracy or highway robbery or or instruments thereof
brigandage Destroys or conceals One who destroys and
body of the crime or conceals a “document
“abets” – to encourage, incite or set another on the effects or or object” to impart its
to commit a crime instruments thereof to availability as evidence
prevent its discovery ina criminal case
SECOND MODE – by concealing or Must not have Not required that the
destroying the body of the crime, or the participated in the offender must neither
effects or instruments thereof, in order to commission in the be a principal nor an
prevent its discovery; commission of the accomplice
crime as principals

 Body of the crime (corpus delicti) – as the

THIRD MODE – one who had knowledge of
body or substance of the crime and in its the commission of the crime and did not
primary sense, refers to the fact that a participate in its commission as principal or
crime has actually been committed. accomplice, yet took part subsequent of its
-- elements: (Pp vs. Boco, June 1999)
a. the existence of a certain ct or result commission by harboring, concealing, or
assisting in the escape of the principal of
forming the basis of the criminal charge;
b. some person’s criminal responsibility. the crime, provided the accessory acts with
-- Dead body of the victim, murder abuse of his public functions or whenever
weapon and stolen property are objects the author of the crime is guilty of treason,
that will be used as evidence in a case. parricide, murder, or an attempt to take the
 2 liabilities of one who concealed or life of the Chief Executive, or is known to be
destroyed the body of the crime. habitually guilty of some other crime.

a. accessory under the RPC;  REQUISITES:

a. The participated harbors, conceals or assists in

the escape of the principal of the crime;
b. principal of the offense or Obstruction of
Justice under PD No. 1829 b. The criminal, who was harbored, concealed or
assisted in his escape, must be a principal of the
 OBSTRUCTION OF JUSTICE (see PD No. crime
1829)
c. The participator is a public officer, who acted
Elements: with abuse of public functions, or the principal is
guilty of treason, parricide, murder or an attempt
a. Offender knowingly or willfully obstructs,
to take the life of the Chief Executive or the
impedes, or frustrates the investigation and
principal is known to be habitually guilty of some
prosecution of criminal cases or delays the
other crime –
apprehension of suspects and the investigation
and prosecution of criminal cases;  OBSTRUCTION OF JUSTICE under Sec 1
(b)
b. The offender alters, destroys, suppresses or
conceals any paper, record document nor object; a. Offender knowingly or willfully obstructs,
impedes, frustrates or delays the apprehension of
 CRIM1 (Atty. RR B-MAMBURAM notes) 30

suspects and the investigation and prosecution of - accessory of the 2nd and 3rd type may be
criminal cases; charged with obstruction of justice as PD 1829
did not provide relationship as a ground for
b. Offender harbors or conceals, or facilitates the criminal exemption
escape of a person;
-LIGHT FELONIES – only Principals and
c. Offender knows, or has reasonable ground to Accomplices are criminally liable; however,
believe, or suspects that the person he assisted accessories in light felonies can be held liable for
has committed any offense under existing penal obstruction of justice.
laws; and
TITLE THREE –PENALTIES
d. he offender assisted the criminal in order to
prevent his arrest prosecution and conviction. CHAPTER ONE – PENALTIES IN GENERAL

 Distinguish Accomplice from an Accessory PENALTY – suffering that is inflicted by the State
for the transgression of the law
Accomplice Accessory
Participates before or Takes pa subsequent to o Juridical Conditions of penalty
during the commission the commission of the
of the offense offense a. penalty must be productive of suffering
Knows of the criminal Knows of the without however affecting the integrity of the
design of the principal commission of the human personality;
offense
Provides material or Acts in the 3 ways b. penalty must be commensurate to the offense;
moral aid in an specified in Article 19
c. penalty must be personal;
efficacious way but not
in a manner d. penalty must be legal;
indispensable to the
offense e. penalty must be certain;
No exemption from Some accessories are
liability exempted under Article f. penalty must be equal for all; and
20
g. penalty must be correctional.

Article 20. Accessories who are exempt

from criminal liability. – the penalties o Purpose to secure justice
prescribed for accessories shall not be o Theories justifying penalty
imposed upon those who are such with
respect to their spouses, ascendants, a. Prevention;
descendants, legitimate, natural, and
adopted brothers and sisters, or relatives b. Self-defense;
by affinity within the same degrees, with
c. Reformation;
the single exception of accessories falling
within the provisions of paragraph 1 of the d. Exemplarity;
next preceding article.
e. Justice.
RELATIONSHIP – absolutory cause or factor that
will exempt 2nd and 3rd types of accessory from o 3-FOLD PURPOSE of the Penalty under
criminal liability. the RPC

-by consanguinity and affinity 1. Retribution or expiation – the penalty is

commensurate to the gravity of the offense;
-An accessory is exempt from criminal liability,
when the principal is his – 2. Correction of Reformation – as shown by the
rules which regulate the execution of the
a. spouse; or penalties consisting in depriving of liberty;
b. ascendants; or 3. Social Defense – shown by inflexible severity to
recidivists and habitual delinquents
c. descendants; or
o Section 19 (1) Article III of the 1987
d. legitimate, natural or adopted brothers and
sisters or relative by affinity within the same constitution provides, “Excessive fines
degree shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted.”

Article 21. Penalties that may be imposed.

 CRIM1 (Atty. RR B-MAMBURAM notes) 31

- No felony shall be punishable by any A. executive – granted by the President in

penalty not prescribed by law prior to its the exercise of his pardoning power under
commission. the Constitution; President may grant
executive clemency to a person convicted
of a crime;
B. private – offended party as complaint of
Article 22. Retroactive effect of penal laws. the civil aspect may expressly waive his
– Penal laws shall have a retroactive effect interest on the civil liability of the accused;
insofar as they favor the person guilty of a such pardon does not extinguish the
felony, who is not a habitual criminal, as criminal aspect of the case except under
this term is defined in rule 5 of article 62 of Article 344.
this Code, although at the time of the
publication of such laws a final sentence Note: Crime is committed against the State
has been pronounced and the convict is Criminal aspect of the case may not be waived or
serving the same. compromised.

 Ex Post Facto Law – penalizes an act not Article 24. Measure of prevention or safety
otherwise punishable at the time it was which are not considered penalties.
committed -- The following shall not be considered as
-provides for retroactivity of criminal law; penalties:
- prohibited by the 1987 Constitution. 1. The arrest and temporary detention of
accused persons, as well as their detention
CASE: Lacson vs. Executive Secretary (GR No. by reason of insanity or imbecility, or illness
128096, January 20, 1999) an Ex Post Facto Law: requiring their confinement in a hospital;
1. Alters, in relation to the offense or its 2. The commitment of a minor to any of the
consequences the situation of a person to his institutions mentioned in article 80 and for
disadvantage; the purposes specified therein;
2. Assumes to regulate civil rights and remedies 3. Suspension from the employment or
only but in effect imposes a penalty or public office during the trial or in order to
deprivation of a right which when done was institute proceedings;
lawful. 4. Fines and other corrective measures
3. Deprives a person accused of crime of some which, in the exercise of their
lawful protection to which he has become administrative disciplinary powers, superior
entitled, such as the protection of a former officials may impose upon their
conviction or acquittal, or a proclamation of subordinates;
amnesty. 5. Deprivation of rights and reparations
which the civil law may establish in penal
 Judicial Limitation
form.
A. Prospectivity – prospective application to a CHAPTER TWO
penal law because of Article 21. “Nullum Classification of Penalties
Crimen Nulla Poena Sine Lege.” Article 25. Penalties which may be imposed
- The penalties which may be imposed according
B. Retroactivity – a. if the law is favorable to to this Code, and their different classes, are those
the accused; and included in the following:

b. he is not a habitual delinquent under Rule 5 of SCALE

Article 62. PRINCIPAL PENALTIES

Habitual delinquent – if within a period of ten Capital Punishment:

years from the date of his release or last  Death
conviction of the crimes of serious or less serious Afflictive Penalties:
physical injuries, robbery, theft, estafa or  Reclusion Perpetua
falsification, he is found guilty of any of said  Reclusion temporal
crimes a third time or oftener.  Perpetual or temporary absolute
disqualification
Article 23. Effect of pardon by the offended  Prision Mayor
party. – A pardon by the offended party
does not extinguish criminal action except Correctional penaltes:
as provided in article 344 of this Code; but
 Prision correccional
civil liability with regard to the interest of  Arresto mayor
the injured party is extinguished by his  Suspension
express waiver. (Read also Art. 36)  Destierro

 Pardon – an act of forgiveness; may be: Light Penalties:

 CRIM1 (Atty. RR B-MAMBURAM notes) 32

 Arresto menor 6, 000 pesos but is not less than 200 pesos;
 Public censure and a light penalty if it be less than 200
pesos.
Penalties common to the three preceding classes:
 Classification of Fine
 Fine, and
 Bond to keep the peace. Light penalty Less than P200
Correctional penalty Not less than P200 not
Accessory penalties: exceeding P6000
Afflictive penalty Exceeding P6000
 Perpetual or temporary absolute
disqualification
 Perpetual or temporary special CHAPTER THREE
disqualification
 Suspension from public office DURATION and EFFECT of PENALTIES
 The right to vote and be voted for
 The profession or calling SECTION1 DURATION OF PENALTIES
 Civil interdiction
 Indemnification
 Forfeiture or confiscation of
Light penalty Arresto Menor 1 day to 30
instruments and proceeds of the
days
offense
 Payment of costs. Correctional Arresto Mayor 1 month and 1
penalties day to 6
months
Prision 6 months and
 Classification of penalties Correctional 1 day to 6
(suspension & years
1. Principal – those expressly imposed by the Destierro)
court in the judgment of conviction Afflictive Prision Mayor 6 years and 1
penalties day to 12
2. Accessory – is based on the imposition of years
principal penalty Reclusion 12 years and 1
Temporal day to 20
 Classification of Principal Penalties:
years
Reclusion 20 years and
A. Gravity – Principal penalties except fine are
Perpetua 1 day to 40
classified into capital punishment, afflictive,
years
correctional and light penalties.

Fine is classified into afflictive, correctional and

RECLUSION PERPETUA
light penalty;
- Prior to RA No. 7659, Article 27 did not provide
B. Subject Matter – classified into corporal
for the duration of Reclusion Perpetua
punishment, deprivation of freedom, pecuniary
punishment (ex. Fine), restriction of freedom (ex. -- Pp vs. Lucas (GR No. 108172-73, January 9,
Destierro) and deprivation of rights; 1995) Held: Although the law has fixed the
duration of reclusion perpetua from 20 years and
C. Divisibility
1 day to 40 years, there was no clear legislative
i. Divisible – those that can be divided into 3 intent to alter its original classification as an
periods; indivisible penalty.

ii. Indivisible – those that cannot be divided into Distinctions:

3 periods; e.g reclusion perpetua
Life Imprisonment Reclusion Perpetua
Penalty for violation of Penalty for violation of
 Penalty is imposable if the accused is
special penal laws the Revised Penal Code
convicted. See Pp vs. Abellera (40 OG 17)
with no fixed duration With fixed duration of
where the court held that censure being a
20 years and 1 day to
penalty is not proper for acquittal.
40 years
Without accessory With accessory
Article 26. Fine – When afflictive,
penalties penalties under Article
correctional, or light penalty. – A fine,
27
whether imposed as a single or as an
alternative penalty, shall be considered an
afflictive penalty, if it exceeds 6, 000 pesos;  There is no such penalty as “imprisonment
a correctional penalty, if it does not exceed for life.”
 CRIM1 (Atty. RR B-MAMBURAM notes) 33

Article 28. Computation of penalties. Articles 30-33.

A. Offender in prison – The period of his Article 34. Civil Interdiction – Civil interdiction
preventive imprisonment shall be credited in the shall deprive the offender during the time of his
sentence subject to the conditions under Article sentence of the rights of parental authority, or
29. guardianship, either as to the person or property
of any ward, of marital authority, of the right to
B. Offender not in prison – computed from the manage his property and of the right to dispose
day that the offender is placed at the disposal of of such property by any act or any conveyance
the judicial authorities for the enforcement of the inter vivos.
penalty.
Article 35. Effects of bond to keep the peace – it
C. Other penalties – such as destierro, shall be shall be the duty of any person sentenced to give
computed from the day on which the defendant bond to keep the peace, to present two sufficient
commences to serve his sentence. sureties who shall undertake that such person will
not commit the offense sought to be prevented,
and that in case such offense be committed they
Article 29. Period of preventive imprisonment will pay the amount determined by the court in
deducted from term of imprisonment. – Offenders its judgment, or otherwise to deposit such
or accused who have undergone preventive amount in the office of the court of the to
imprisonment shall be credited in the service of guarantee said undertaking.
their sentence consisting of deprivation of liberty,
The court shall determine according to its
with the full time during which they have
discretion, the period of duration of the bond.
undergone preventive imprisonment if the
(Read also Art. 284)
detention prisoner agrees voluntarily in writing to
abide by the same disciplinary rules imposed Should the person sentenced fail to give
upon convicted prisoners except in the following the bond as required hr shall be detained for a
cases: period which shall in no case exceed six months,
if he shall have prosecuted for a grave or less
1. When they are recidivists, or have been
grave felony and shall not exceed thirty days, if
convicted previously twice or more times of any
for a light felony.
crime; and
 Bond to keep the peace – imposed only
2. When upon being summoned for the execution
in grave or light threats, to cover such
of their sentence they have failed to surrender
period of time as the court may determine
voluntarily.
(Art. 27).
If the detention prisoner does not agree to
Article 36. Pardon; its effect. – A pardon
abide by the same disciplinary rules imposed
shall not the restoration of the right to hold
upon convicted prisoners, he shall be credited in
public office, or the right of suffrage, unless
the service of his sentence with four-fifths of the
such rights be expressly restored by the
time during which he has undergone preventive
terms of the pardon.
imprisonment, (As amended by Republic Act No.
6127, June 17, 1970). A pardon shall in no case exempt the
culprit from the payment of the civil
Whenever an accused has undergone
indemnity imposed upon him by the
preventive imprisonment for a period equal to or
sentence.
more than the possible maximum imprisonment
of the offense charged to which he may be  EXECUTIVE CLEMENCY
sentenced and his case is not yet terminated, he - pardoning power of the President
shall be released immediately without prejudice - an act of forgiveness, thus relieves the
to the continuation of the trial thereof of the person pardoned from the penal
proceeding on appeal, if the same is under consequences of the crime but it does not
review. In case the maximum penalty to which obliterate the crime itself.
the accused may be sentenced is destierro, he
shall be released after thirty (30) days of A. Discretionary – To grant pardon is a power
preventive imprisonment. (As amended by discretionary to the President subject to the
Republic Act No. 6127, and further amended by limitations imposed by the constitution
E.O. No. 214, prom. July 10, 1987.) Limitations upon the exercise of the
pardoning power:
SECTION 2 1. That the power can be exercised only after
conviction;
Effects of the penalties according to their 2. That such power does not extend to cases of
respective nature impeachment.
 CRIM1 (Atty. RR B-MAMBURAM notes) 34

B. Full Pardon – express obliteration of the prosecuted for a less grave felony, and shall not
principal penalties and the accessory penalties. exceed fifteen days, if for a light felony.
C. Civil Liability – pardon does not extinguish the
civil liability of the person pardoned. 3. When the principal penalty imposed is higher
than prision correccional no subsidiary
Distinctions: imprisonment shall be imposed upon the culprit.

4. If the principal penalty imposed is not to be

Pardon by the Chief Pardon by the executed by confinement in a penal institution,
Executive offended party but such penalty in a penalty is of fixed duration,
Extinguishes the Does not extinguish the the convict, during the period of time established
criminal liability of the criminal liability of the in the preceding rules, shall continue to suffer the
offender. offender same deprivation as those of which the principal
Cannot include civil Offended party can penalty consists.
liability which the waive the civil liability
offender must pay which the offender 5. The subsidiary personal liability which the
must pay convict may have suffered by reason of his
Pardon granted only In art 344, pardon must insolvency shall not relieve him from the fine in
after conviction and be extended before the case his financial circumstances should improve.
may be extended to institution of the (As amended by Republic Act No. 5465, April 21,
any of the offenders criminal prosecution 1969.)
and must be extended
to both offenders  SUBSIDIARY PENALTY – to be suffered by
the convict who has no property with
Article 37. Cost. – What are included. – which to meet the fine, at the rate of one
Costs shall include fees and indemnities in day for each eight pesos, subject to the
the course of the judicial proceedings, rules provided for in Art. 39)
whether they be fixed or unalterable
amounts previously determined by law or Rate: one day for each P 8.00
regulations in force, or amounts not subject
Requisites:
to schedule.
a. Offender was sentenced to suffer penalty of
o Payment of Costs – must be expressly
fine, imprisonment penalty and fine, or penalty
imposed as an accessory penalty, the
with duration and fine;
court has the discretion to imposed or not
impose payment of costs. b. Offender was not sentenced to suffer
o Included in costs: imprisonment penalty or penalty with duration or
1. Fees;
more than six years;
2. Indemnities in the course of judicial
proceedings. c. The offender was expressly sentenced in the
 ORDER OF PAYMENT – applicable only if
judgment to suffer fine with subsidiary
the property of the offender is insufficient imprisonment in case of insolvency;
for the payment of all his pecuniary
liabilities. d. Offender failed to pay the penalty of fine;

Article 39. Subsidiary penalty. – If the convict has e. The failure to pay the fine was due to
no property with which to meet the fine insolvency.
mentioned in paragraph 3 of the next preceding
article, he shall be subject to a subsidiary 1st Req: (1) Fine – subsidiary imprisonment shall
personal liability at the rate of one day for each not exceed 6 months, if the accused shall have
eight pesos, subject to the following rules: been prosecuted for a grave or less grave felony,
and shall not exceed 15 days, if for a light
1. If the principal penalty imposed be prision felony.
correccional or arresto and fine, he shall remain
under confinement until his fine referred in the (2) Imprisonment penalty and fine --
preceding paragraph is satisfied, but his imprisonment penalty of not more than 6 years
subsidiary imprisonment shall not exceed one- penalty of not more than 6 years, the subsidiary
third of the term of the sentence, and in no case imprisonment shall not exceed 1/3 of the time
shall it continue for more than one year, and no of the imprisonment penalty or one year.
fraction or part of a day shall be counted against
2nd Req: Aggregate penalties imposed shall be
the prisoner;
considered to determine if his sentences had
2. When the principal penalty imposed be only a exceeded prision correccional.
fine, the subsidiary imprisonment shall not
exceed six months, if the culprit shall have been
 CRIM1 (Atty. RR B-MAMBURAM notes) 35

3rd Req: Judgment must expressly state that Rules for the application of penalties to the
accused is sentenced to suffer subsidiary persons criminally liable and for the
imprisonment in case of non-payment of fine due graduation of the same.
to insolvency.
Article 46. Penalty to be imposed upon
4the Req: No subsidiary penalty is imposed for principals in general. – The penalty prescribed by
non-payment of: law for the commission of a felony shall be
imposed upon the principals in the commission of
a. reparation of the damage caused; such felony (Read also Arts 50-51)

b. indemnification of the consequential damages; Whenever the law prescribes a penalty for a
and felony in general terms, it shall be understood as
applicable to the consummated felony.
c. costs of the proceedings.
 STARTING POINT of the rule for
Note: Subsidiary imprisonment may be applied
graduation f penalties by degrees.
under special laws.
 The penalty prescribed by law in general
SECTION 3 terms shall be imposed:
1. Upon the principals;
Penalties in which other accessory penalties 2. For consummated felony.
are inherent
R.A. No. 7659
ACCESORY PENALTIES HEINOUS CRIMES – grievous, odious and
hateful offenses which by reason of their inherent
Arresto menor Suspension (1) to hold ot manifest wickedness, viciousness, atrocity and
Arresto mayor office; (2) suffrage perversity, are regarded as seriously outrageous
Prision correccional Suspension from (1) to the common standards or norms of decency
public office; (2) and morality in a just civilized and orderly society.
Profession; (3) Calling (Whereas clauses, R.A. No. 7659)
Exceeding 118 Months Perpetual special
disqualification from Article 48. Penalty for complex crimes. –
right of suffrage when a single act constitutes two or more
Prision Mayor Perpetual special grave or less grave felonies, or when an
disqualification from offense is a necessary means for
right of suffrage committing the other, the penalty for the
Temporary absolute most serious crime shall be imposed, the
disqualification same to be applied in its maximum period.
Reclusion Temporal Perpetual absolute
disqualification Component Crimes – the crimes constituting
Reclusion Perpetua Civil Interdiction complex crime
o Penalty for complex crime: that
imposable for the most serious component
Article 45. Confiscation and forfeiture of the crime to be applied in the maximum
proceeds or instruments of the crime. – Every period.
penalty imposed for the commission of a felony
shall carry with it the forfeiture of the proceeds of 2 kinds:
the crime and the instruments or tools with which
it was committed. a. Compound Crime (Delto Compuesto) – two or
more grave or less grave felonies resulting from a
Such proceeds and instruments or tools shall be single act
confiscated and forfeited in favor of the
Government, unless they be the property of a b. Complex Crime Proper (Delito Complejo) – two
third person not liable for the offense, but those or more offenses one of which is the principal
articles which are not subject of lawful commerce crime while the rest are committed as a
shall be destroyed. necessary means to commit the former

o What is the Absorption system of penalty?

– Lesser penalties are absorbed by the
CHAPTER FOUR greater penalties.
o What is the Pro Reo Principle? – An
Application of Penalties accused who commits two crimes with
single criminal impulse demonstrates
SECTION 1
lesser perversity than when the crime are
committed by different acts and several
criminal resolutions: thus, single penalty
 CRIM1 (Atty. RR B-MAMBURAM notes) 36

crimes produced by: (1) single criminal - compound crime must not have a light felony
act, or (2) a single criminal resolution. component
o What is the Single Impulse Rule? Requires
the imposition of a single penalty for
multiple crimes committed under a single
B. What is a COMPLEX CRIME PROPER?
criminal resolution.
 SEPECIAL COMPLEX CRIME
- When an offense is a necessary means for
- also called COMPOSITE CRIME
committing the other, the penalty for the most
-composed of 2 or more crimes for which
serious crime shall be imposed, the same to be
the law fixes specific penalty
applied in its maximum period (Article 48)
- Requisites:
a. At least 2 crimes are committed; and REQUISITES:
b. The law fixes a specific penalty for the
a. crimes were committed as a necessary means
crimes committed
-Examples: Robbery with homicide, Rape or for committing the other;
Arson; Piracy with Rape or Homicide; Kidnapping
b. the crimes resulted from different acts
with Rape, Kidnapping with Homicide, Destructive
committed under single criminal resolution;
Arson with Homicide;
-not based on the pro reo principle but based on c. crimes committed were punishable by the RPC.
public policy.
Examples:
 Special Complex Offense – Special
criminal law may also fix a specific penalty 1. Malversation through falsification of public
for an offense defined by it document – when an accountable public officer
Ex: Carnapping with Homicide or Rape falsified a public document to facilitate
misappropriation of public funds;
 ABSORBING CRIME – one which absorbs
another crime, the latter being inherent in 2. Estafa through falsification of commercial
the former. document – when accused falsified a promissory
note to defraud another.
Doctrine of Absorption – Applies when a crime is
inherent in another crime. See Pp vs. Salazar, GR 3. Forcible abduction with rape – one desiring to
Nos. 6025-26, July 18, 1956; Enrile vs. Salazar, rape a certain woman, instead of waiting for an
GR No. 92163, June 5, 1990; RA No. 6968; Held: opportunity where she could be alone or be
Murder, arson and robbery are mere ingredients helpless, takes her in the fields and abducts her
of the crime of rebellion as means “necessary” for by force to ravish her, is guilty of forcible
the perpetration of the offense. Such common abduction with rape.
offenses are absorbed or inherent in the crime of
rebellion.

A. What is a COMPOUND CRIME? -- In Lontok vs. Gregorio, the SC held that where
one of the resulting offenses in criminal
 2 or more grave or less grave felonies negligence constitutes a light felony, there is no
resulting from a single act perpetrated by complex crime of Reckless Imprudence resulting
the same individual; to Slight Physical Injuries.
 Ex: single billet successively killing 2
victims; Composite Crimes vs. Complex Crimes:

-REQUISITES: Composite crimes Complex crimes

The combination of the The combination is not
a. single act produces two or more crimes – offenses are fixed by specified but
law, e.g. robbery with generalized, that is,
Note: several acts of shooting – each act of homicide, etc. grave and/or less
pulling the trigger if his firearm by each gunman grave; or one offense
and aiming it at different persons constitutes being the necessary
distinct and individual acts which cannot give rise means to commit the
to a complex crime. other
The penalty for the The penalty is not
b. the crimes produced are felonies punishable by specified combination specific but is for the
the RPC; of crimes is also most serious offense in
specific the maximum period
c. the crimes produced are grave or less grave
felonies;
 Doctrine of Common Element
 CRIM1 (Atty. RR B-MAMBURAM notes) 37

- an element used to complete one crime o Transitory (Moving) Crime

cannot be legally re-used to complete the
requisites of a subsequent crime. -in criminal procedure, to determine venue
- Estafa through falsification of
private document cannot exist. -criminal action may be instituted and tried in the
court of the municipality, city or province wherein
The use of damage as an element in any of the essential ingredients of the rime took
falsification precludes the re-use thereof to place.
complete the elements of estafa and vice
versa. -Violation of BP 22 is in the nature of a continuing
crime.
 CONTINUOUS _CONTINUED OR
Article 49. Penalty to be imposed upon the
CONTINUING) CRIME – single crime
principals when the crime committed is different
consisting of a series of acts arising from a
from that intended. – In cases in which the felony
single criminal resolution or intent not
committed is different from that which the
susceptible of division
 Applies also to offenses punished under offender intended to commit, the following rules
shall be observed:
special laws;
 Also called SINGLE LARCENY DOCTRINE
1. If the penalty prescribed for the felony
committed by higher than that corresponding of
Doctrine
the offense which the accused intended to
-- Elements: commit, the penalty corresponding to the latter
shall be imposed n its maximum period.
a. plurality of acts performed separately during a
period of time; 2. If the penalty prescribed for the felony
committed be lower than that corresponding to
b. there must be unity of criminal intent and the one which the accused intended to commit,
purpose; the penalty for the former shall be imposed in its
maximum period.
c. the unity of penal provision infringed upon or
violated. 3. The rule established by the next preceding
paragraph shall not be applicable if the acts
CASES: committed by the guilty person shall also
constitute an attempt or frustration of another
1. Pp vs. Tumlos (GR No. 46248, April 13, 1999) –
crime, if the law prescribes a higher penalty or
The theft of 13 cows owned by six owners
either of the latter offenses, in which case the
involved 13 acts of taking. However, the acts of
penalty provided for the attempted or the
taking took place at the same time and in the
frustrated crime shall be imposed in its maximum
same place, consequently, accused performed
period (Read also Arts. 61, 62 and 65).
but one act.

2. Pp vs. Jaranilla (GR No. L-28547) – The taking Error in personae or Praeter intentionem
of 6 roosters from their coop, should be aberration ictus
Consequent victim is Wrongful consequence
characterized as one theft.
different from that is graver than that
3. Santiago vs. Garchitorena (GR No. 109266, intended due to intended
December 2, 1993) – Te several acts of the mistake in identity or
accused of favoring 32 aliens on the same period mistake in blow
of time in violation of the Anti-Graft Law were If the victim did not die, If the victim did not die,
considered as constitutive of one continued the crime committed is the crime committed is
crime. attempted or frustrated physical injuries as
homicide/murder there is lack of intent to
-- Not applied: kill
Offender is not entitled Offender is entitled to
a. 2 estafa cases one of which was to mitigating mitigating
committed during the period from January 19 to circumstance circumstance of no
December 1955 and the others from January EP – penalty under intention to commit
1956 to July 1956 (Pp vs. Dichupa, 113 Phil). The Article 49 so grave a wrong as
said acts were committed on different occasions; AI – Penalty under that committed
Article 48
` b. 75 estafa cases committed by the
conversion by the agent of collections from
customers of the employee made on different -applicability of Article 49 is limited to unintended
dates (Gamboa vs. CA, 68 SCRA) crime committed due to ERROR IN PERSONAE
 CRIM1 (Atty. RR B-MAMBURAM notes) 38

Article 59. Penalty to be imposed in case of

failure to commit the crime because the
 Diagram of the application of Articles means employed or the aims sought are
50 to 57 impossible. – Penalty for impossible crime.
ARRESTO MAYOR or a fine from P200 to 500.
Stages Consumm Frustrate Attemp
ated d Stage ted Article 60. Exceptions to the rules
Stage Stage established in Articles 50-57.
Principal 0 1 2
Accomplic 1 2 3  Examples of Exceptions to Article 60
e
Accessori 2 3 4 a. Special complex crime of robbery with
es attempted or frustrated homicide (Article 297);

b. Accomplice, who furnished the place for the

o As a general rule, the bases for the perpetration of the crime of slight illegal
determination of the extent of penalty to detention (article 268) – punished as principals;
be imposed under the RPC are:
c. Ascendants, guardians, curators, teachers, or
a. The stage of its execution; any person, who by abuse of authority, or
confidential relationship, shall cooperate as
b. The degree of participation therein of the accomplices in the crimes of acts of lusciousness,
offender; seduction, abduction, white slave trade,
corruption of minor (Article 346) – punished as
c. The mitigating or aggravating circumstances
principals;
which attended the commission of the crime.
d. accomplice and accessory in the crime of
o What is a DEGREE?
terrorism or conspiracy to commit terrorism (RA
A degree is one entire penalty or one No. 9372)
whole penalties in the graduated scales provided
for in Article 71.
Article 61. Rules for graduating penalties –
o What is a PERIOD?
For the purpose of graduating the penalties
A period is the minimum, medium or which according to the provisions of article
maximum of a divisible penalty. 50 to 57, inclusive, of this Code, are to be
imposed upon persons guilty as principals
A period of a divisible penalty is of any frustrated or attempted felony, or as
considered a degree when prescribed by the RPC accomplices or accessories, the following
as a penalty for a felony. rules shall be observed:

o Starting Point: Article 46 1. When the penalty prescribed for the felony is
single and indivisible, the penalty next lower in
Articles Basis for education degree shall be that immediately following that
of the penalty indivisible penalty in the respective graduated
50-53 Penalty prescribed for scale prescribed in article 71 of this Code.
the consummated
crime 2. When the penalty prescribed for the crime is
54-55 Penalty for the composed of two indivisible penalties, or of one
frustrated felony or more divisible penalties to be imposed to their
56-57 Penalty for the full extent, the penalty next lower in degree shall
attempted felony be that immediately following the lesser of the
penalties prescribed in the respective graduated
scale.
Article 58. Additional penalty to be imposed
upon certain accessories. – Those 3. When the penalty prescribed for the crime is
accessories falling within the terms of composed of one or two indivisible penalties and
paragraph 3 of article 19 of this Code who the maximum period of another divisible penalty,
should act with abuse or their public the penalty next lower in degree shall be
functions, shall suffer the additional penalty composed of the medium and minimum periods
of absolute perpetual disqualification if he of the proper divisible penalty and the maximum
principal offender shall be guilty of a grave period of that immediately following in said
felony, and that of absolute temporary respective graduated scene.
disqualification if he shall be guilty of a less
grave felony.
 CRIM1 (Atty. RR B-MAMBURAM notes) 39

4. When the penalty prescribed for the crime is single

composed of several periods, corresponding to
different divisible penalties, the penalty next
lower in degree shall be composed of the period  Second Rule: Penalty prescribed
immediately following the minimum prescribed composed of 2 indivisible penalties or 1 or
and of the two next following, which shall be more divisible penalties imposed to their
taken from the penalty prescribed, if possible full extent.
otherwise from the penalty immediately following
a. Single divisible penalty – Ex: next lower in
in the above mentioned respective graduated
degree of reclusion temporal is prision mayor.
scale.
b. Compound penalty – Ex: fixed penalty of
5. When the law prescribes a penalty for a crime
reclusion perpetua to death, lesser component is
in some manner not especially provided for in the
reclusion perpetua; one degree lower is reclusion
four preceding rules, the courts, proceeding by
temporal.
analogy, shall impose corresponding penalties
upon those guilty as principals of the frustrated  Third Rule: Penalty prescribed composed
felony, or of attempt to commit the same, and of 1 or 2 indivisible penalties and the
upon accomplices and accessories. ( As amended maximum of another divisible penalty.
by Com. Act. No. 217.)
Compound penalty with period and penalty
components – Ex: penalty of reclusion temporal in
its max. period to reclusion perpetua; one degree
A. Single Penalty vs. Compound Penalty
lower is prision mayor in its max. to reclusion
Single penalty is that which is composed temporal in its medium period.
of a single unit of penalty. Ex: penalty for
 Fourth Rule: Penalty prescribed
homicide is reclusion temporal.
composed of several periods of divisible
Compound penalty is that which penalties.
consists of 2 or more components. Ex: penalty for
Compound penalty with 3 period components
mutilation is reclusion temporal to reclusion
perpetua. -Ex: penalty is prision correccional I its max
period to prision mayor in its medium period next
B. 5 divisible imprisonment penalties reclusion
lower penalty is arresto mayor in its max period
temporal, prision mayor, prision correctional,
to period to prision correccional in its medium
arresto mayor, arresto menor
period.
C. Complex penalty – has 3 distinct penalty
 Fifth Rule: When the penalty prescribed
components. Ex: penalty of reclusion temporal to
death fixed for treason committed by an alien not covered by preceding for rules –
(Art 114) proceed by analogy.

D. Period Components – Ex: penalty for serious a. Combination of divisible and indivisible penalty
physical injuries under Art. 263, par. 3 is prision – Ex: reclusion temporal to reclusion perpetua;
correctional in its minimum and medium periods; one degree lower is prision mayor;
penalty for illegal assembly is prision correctional
b. One period – Ex: penalty next lower in degree
in its maximum period to prision mayor in its
than prision correccional in its medium period is
medium period.
prision correccional in its minimum period;
E. Penalty in period – penalty is only a portion of a
c. Two periods – Ex: prision correccional in its
divisible penalty. Ex: penalty of arresto mayor in
minimum and medium periods is the penalties
its minimum period for light coercion
next lower in degree than prision correccional in
Rules for graduation of Penalties its maximum period to prision mayor in its
minimum period.
 First Rule: Penalty prescribed is single
Article 62. Effects of the attendance of
and indivisible
mitigating or aggravating circumstances and of
Single indivisible penalty – reclusion perpetua habitual delinquency. – Mitigating circumstances
and habitual delinquency shall be taken into
Degree Reclusion perpetua account for the purpose or diminishing or
One degree lower Reclusion temporal increasing the penalty in conformity with the
Two degrees lower Prision mayor following rules:
GR Graduated penalty
is a single penalty, if 1. Aggravating circumstances which in
the fixed penalty is themselves constitute a crime especially
 CRIM1 (Atty. RR B-MAMBURAM notes) 40

punishable by law or which are included by the imposed upon the offender, in conformity
law in defining a crime and prescribing the herewith, shall in no case exceed 30 years.
penalty therefor shall not be taken into account
for the purpose of increasing the penalty. For the purpose of this article, a person
shall be deemed to be habitual delinquent, if
1 (a). When in the commission of the crime, within period of ten years from the date of his
advantage was taken by the offender of his public release or last conviction of the crimes of serious
position, the penalty to be imposed shall be in its or less serious physical injuries, robo, hurto estafa
maximum regardless of mitigating circumstances. or falsification, he is found guilty of any of said
crimes a third time or oftener. (As amended by
The maximum penalty shall be imposed if the Section 23, Republic Act No. 7659.)
offense was committed by any person who
belongs to an organized/syndicated crime groups.  Special Aggravating Circumstance –
Are those which if, attending the
An organized/syndicated crime group means a commission of a felony cannot be
group of two or more persons collaborating, neutralized or off-set by mitigating
confederating or mutually helping one another for circumstance. Examples: taking
purposes of gain in the commission of any crime. advantage of public position,
organized/syndicated crime group, quasi-
2. The same rule shall apply with respect to any
recidivism, and under the influence of
aggravating circumstances inherent in the crime
dangerous drugs.
to such a degree that it must be necessity
accompany the commission thereof. HABITUAL DELINQUENT – is a person who
within a period of ten years from the date of his
3. Aggravating or mitigating circumstances which
last release or last conviction of the crimes of
arises from the moral attributes of the offender,
serious or less serious physical injuries, robbery,
or from his private relations with the offended
theft, estafa or falsification is found guilty of any
party, or from any other personal cause, shall
of said crimes a third time or oftener.
only serve to aggravate or mitigate the liability of  Not a crime; only a factor in determining
the principals, accomplices and accessories as to the total penalty.
whom such circumstances are attendant.  Effects:

4. The circumstances which consist in the a. Accused is not entitled to retroactive

material execution of the act, or in the means application of law, which is favorable to
employed to accomplish it, shall serve to him – article 22;
aggravate or mitigate the liability of those
persons only who had knowledge of them at the b. Period of preventive imprisonment shall
time of the execution of the act or their not be credited in the service of sentence
cooperation therein. of the habitual delinquent, since he is a
recidivist and have been convicted
5. Habitual delinquency shall have the following previously twice or more times of crime –
effects: article 69;
(a) Upon a third conviction the culprit shall be c. In addition to the penalty prescribed for
sentenced to the penalty provided by law for the the last felony of which he is found guilty,
last crime of which he be found guilty and to the the HB shall suffer the penalty prision
additional penalty of prision correccional in its correctional in its medium and maximum
medium and maximum periods; periods for the 3rd conviction; or the
penalty of prision mayor in its minimum
(b) Upon a fourth conviction, the culprit shall be
and medium periods for 4th conviction or
sentenced to the penalty provided for the last
penalty of prision mayor in its maximum
crime of which he be found guilty and to the
period to reclusion temporal in its
additional penalty of prision mayor in its
minimum period for the 5th or additional
minimum and medium periods; and
conviction;
(c) Upon a fifth or additional conviction, the
d. Convict is not eligible for parole under
culprit shall be sentenced to the penalty provided
the Indeterminate Sentence Law.
by law for the last crime of which he be found
guilty and to the additional penalty of prision  Must be alleged in the information
mayor in its maximum period to reclusion  3 Requirements:
temporal in its minimum period. a. the accused is convicted of any of the
HB crimes a third time or oftener –
Notwithstanding the provisions of this Regardless of the stage of execution and
article, the total of the two penalties to be their participation;
 CRIM1 (Atty. RR B-MAMBURAM notes) 41

b. The interval between the first conviction 2. When only a mitigating circumstance is present
(or release) and second conviction must in the commission of the act, they shall impose
not exceed 10 years – the penalty in its minimum period.
Reckoning Point: date of last conviction or
release in the previous felony. 3. When only an aggravating circumstance is
c. The 2bd felony must be committed after present in the commission of the act, they shall
the conviction (or release) in the frst impose the penalty in its maximum period.
felony; the 3rd felony must be committed
after the conviction (or release) in the 2nd 4. When both mitigating and aggravating
felony and so on and so on forth. circumstances are present, the court shall
reasonably offset those of one class against the
o 10 year period is computed from the last other according to their relative weight.
conviction or from the last release, not
from the date of the commission of the 5. When there are two or more mitigating
last offense. circumstances and no aggravating are present,
the court shall impose the penalty nest lower t
Article 63. Rules for the application or indivisible that prescribed by law, in the period that it may
penalties. – In all cases in which the law deem application, according to the number and
prescribes a single indivisible penalty, it shall be nature of such circumstances.
applied by the courts regardless of any mitigating
or aggravating circumstances that may have 6. Whatever may be the number and nature of
attended the commission of the deed. the aggravating circumstances, the courts shall
not impose a greater penalty than that prescribed
In all cases in which the law prescribes a penalty by law, in its maximum period.
composed of two indivisible penalties, the
following rules shall be observed in the 7. Within the limits of each period, the courts
application thereof: shall determine the extent of the penalty
according to the mitigating circumstances and
1. When in the commission of the deed there is the greater or lesser extent of the evil produced
present only one aggravating circumstance, the by the crime.
greater penalty shall be applied.
Graduating Factors
2. When there are neither mitigating nor
aggravating circumstances in the commission of Factors No. of degrees
the deed, the lesser penalty shall be applied, Stage of Execution
Frustrated stage 1
3. When the commission of the act is attended by Attempted stage 2
some mitigating circumstance and there is no Nature of
aggravating circumstance, the lesser penalty Participation
Accomplice 1
shall be applied.
Accessory 2
Privileged mitigating
4. When both mitigating and aggravating
circumstance
circumstances attended the commission of the
Minority 1
act, the courts shall reasonably allow them to
Incomplete justification 1 or 2
offset one another in consideration of their
or exemption (Except:
number and importance, for the purpose
Accident)
preceding rules, according to the result of such Special mitigating 1
compensation. circumstance (Art.
64 par. 5)
Article 64. Rules for the application of penalties
which contain three periods. – In cases in which
the penalties prescribed by law contain three Summation:
periods, whether it be a single divisible penalty or
composed of three different penalties, each one 1 mitigating Minimum
of which forms a period in accordance with the No modifying Medium
provisions of articles 76 and 77, the court s shall 1 aggravating Maximum
observe for the application of the penalty the Multiple mitigating 1 degree lower
following rules, according to whether there are or Multiple aggravating Maximum
After applying the off- Minimum
are no mitigating or aggravating circumstance:
set rule 1 or more
1. When there are neither aggravating nor mitigating
mitigating circumstances, they shall impose the No remaining modifying Medium
penalty prescribed by law in its medium period. 1 or more remaining maximum
aggravating
 CRIM1 (Atty. RR B-MAMBURAM notes) 42

THE INDETERMINATE SENTENCE LAW perpetua, by reason of this Act, shall not be
eligible for Parole.
(Act 4013, as amended by Act No.
4225)  INDETERMINATE PENALTY
A. MAXIMUM PENALTY – that fixed in
accordance with the rules for graduation
- Imposition of indeterminate penalty is
of penalties, rules in determining the
mandatory; this penalty has minimum or
proper imposable period of a penalty, and
maximum term.
the rule in determining the extent of the
- Purpose: to uplift and redeem valuable human imposed penalty (Articles 46, 48, 50 to 57,
material, and prevent unnecessary and excessive 61, 62 (except par. 5), 63, 64, 68, 69 and
deprivation of personal property and economic 71)
usefulness.
B. MINIMUM PENALTY – the fixed or
- The prisoner must serve the minimum graduated penalty has to be reduced by
penalty before he is eligible for PAROLE under one degree without taking into account
the provisions of the ISL. the attendant modifying circumstances.

 ISL will NOT APPLY to (section 2): Example: Accused was convicted of homicide
without modifying circumstances. The fixed
1. No retroactive application to those who are penalty for homicide is Reclusion temporal. RT
already serving final judgment upon the approval, shall be applied in its medium period, which
of the law (exception to Prospectivity); ranges from 14 y 8 m 1d to 17 y 4 m of
imprisonment.
2. Habitual delinquent – is a person who within a Maximum Term: taken from the medium period of
period of ten years from the date of his last RT
release or last conviction pf the crimes of serious Minimum Term: taken from the full range of
or less serious physical injuries, robbery, theft, prision mayor.
estafa or falsification, is found guilty of any said  PENALTY FOR AN OFFENSE
crimes a third time or oftener.
Section 1 of the ISL provides: The court
- a HB is a recidivist but a recidivist is not shall sentence the accused to an indeterminate
necessarily a HB sentence, the maximum fixed by said law and the
minimum shall not be less than the minimum
- Recidivists are entitled to an indeterminate term prescribed by the same.
sentence. (Pp vs. Jaranilla, February 22, 1974)
-Exception: If the special law provides one
3. Fugitive from justice – escaped from specific penalty for an offense, the ISL is not
confinement or evaded sentence (Exc. CICL who applicable.
escaped from the custody of a social welfare
officer, under RA No. 9344); o PENALTY FOR COMPLEX CRIME – see
Article 48 (penalty for the most serious
4. Violators of conditional pardon; crime shall be imposed, the same to be
applied in its maximum period)
5. Political prisoners and pirates (those convicted
of treason, conspiracy or proposal to commit Distinguish Parole and Pardon
treason, misprision of treason, rebellion sedition,
espionage and piracy); Parole Pardon
Minimum sentence Service of the sentence
6. Not exceeding 1 year imprisonment must be served is not required for the
grant thereof
=1 year or less – impose straight penalty Benefit granted by law Exercise of the power
(ISLaw) of the President under
7. Those sentenced with indivisible penalties
the Constitution
=death penalty, life imprisonment and reclusion
perpetua. o DEATH PENALTY
8. Those sentenced with destierro (benefits of the
Single penalty Apply Art. 63, par.1
law are expressly granted to those who are Compound penalty (Ex: Apply Art. 63, par.2
sentenced to imprisonment exceeding one year) RP to death)
Complex penalty (Ex. Apply Art. 64
9. Sec. 3 of RA 9346 – persons convicted of
RT to death)
offenses punished with reclusion perpetua, or
Graduated penalty (Ex. Apply Art. 74
whose sentences will be reduced to reclusion
Under Art. 310 in rel. to
309)
 CRIM1 (Atty. RR B-MAMBURAM notes) 43

to 17 years
and 4 months
 Mitigating or Aggravating circumstances Maximum 17 years 4
not considered in the imposition of months 1 day
penalty (BAR Q): to 20 years

1. When the penalty is single and indivisible (Art.

63); II. Penalty not composed of 3 periods

2. In felonies through negligence; Ex. Penalty: Arresto Mayor in its minimum and
medium periods.
3. Penalty to be imposed upon a Moro or other
non-Christian inhabitants (Sec. 106 of Admin. Minimum 1 month 1 day to 2
Code of Mindanao); months
Medium 2 months 1 day to 3
4. When the penalty is only a fine imposed by an months
ordinary; Maximum 3 months 1 day to 4
months
5. When the penalties are prescribed by special
laws.
-- How computed: Division Formation Rule

4 months Upper limit

Article 65. Rule in cases in which the penalty is
not composed of three periods. – In cases in -1 month Lower limit (-1 day)
which the penalty prescribed by law is not
composed of three periods, the courts shall apply ______________
the rules contained in the foregoing articles,
3 months time included in the
dividing into three equal portions of time included
duration of penalty
in the penalty prescribed, and forming one period
of each the three portions.

I. Penalty composed of 3 periods: 3 months/3 = 1 month 1/3 portion of the

penalty
Penalty Period Duration
Arresto Menor Minimum 1-10 days
Medium 11-20 days
Maximum 21-30 days III. Complex penalty – composed of 3 distinct
Arresto Mayor Minimum 31 days to 2
penalty components
months
Medium 2 months 1 dy Ex. Reclusion Temporal to Death
to 4 months
Maximum 4 months 1 Minimum Reclusion temporal
day to 6 Medium Reclusion perpetua
months Maximum Death
Prision Minimum 6 months 1
Correccional day to 2 years
and 4 months IV. Penalty without specific form
Medium 2 years, 4
Ex. Reclusion temporal in its medium period or
months 1 day
Reclusion perpetua (Art. 294, par.2)
to 4 years and
2 months Minimum Reclusion temporal in
Maximum 4 years, 2
its medium period
months 1 day Medium Reclusion temporal in
to 6 years its maximum period
Prision Mayor Minimum 6 years 1 day Maximum Reclusion perpetua
to 8 years
Medium 8 years 1 day
to 10 years Article 66. Imposition of fines. – In imposing fines
Maximum 10 years 1 day the courts may fix any amount within the limits
to 12 years established by law; in fixing the amount in each
Reclusion Minimum 12 years 1 day case attention shall be given, not only tp the
Temporal to 14 years mitigating and aggravating circumstances, but
and 8 months more particularly to the wealth or means of the
Medium 14 years 8 culprit.
months 1 day
 CRIM1 (Atty. RR B-MAMBURAM notes) 44

Ex. Fine of not less than P200 and not more the deed is not wholly excusable by reason
P2,000 of the lack of some of the conditions
required to justify the same or to exempt
Fixed penalty Not less than P200 and from criminal liability in the several cases
not more than P2,000 mentioned in article 11 and 12, provided
Penalty next lower in Not less than P200 and that the majority of such conditions be
degree not more than P1,500 present. The courts shall impose the
Penalty lower by two Not less than P200 and
penalty in the period which may be deemed
degree not more than P1,000
proper, in view of the number and nature of
Penalty lower by three Not less than P200 and
the conditions of exemption present or
degrees not more than P500
lacking.

Graduation Factors:
 Fixing the amount of fine
a. wealth of means of the offender;
1. MINORITY
b. other factors – gravity or seriousness,
Child is 15 yrs or under Exempting
the heinousness of its perpetration and
circumstance
the magnitude of its effects on the victim. Child above 15 (15 and a. acted without
1 day) but below 18 discernment –
Article 67. Penalty to be imposed when all
Exempting
the requisites of exemption of the fourth
circumstance
circumstance of article 12 are present. –
b. acted with
When all the conditions required in
discernment
circumstance number 4 of article 12 of this
Privileged mitigating
Code to exempt from criminal liability are
graduated to ONE
not present, the penalty of arresto mayor in
DEGREE LOWER
its maximum period to prision correccional
2. INCOMPLETE Exception:
in its minimum period shall be imposed
JUSTIFICATION OR Incomplete exempting
upon the culprit if he shall have been guilty
EXEMPTION circumstance of
of a grave felony, and arresto mayor in its
ACCIDENT – liable for
minimum and medium periods, if of a less
culpable felonies
grave felony.
 This applies only when all the requisites of
the exempting circumstance of accident Article 70. Successive service of sentences.
are not present; – When the culprit has to serve two or more
 Incomplete exempting circumstance of penalties, he shall serve them
accident under Article 12 (4) is not a simultaneously if the nature of the
privilege mitigating circumstance. penalties will so permit; otherwise, the
following rules shall be observed:
Article 68. Penalty to be imposed upon a
person under eighteen years of age. – When In the imposition of the penalties, the order
the offender is a minor under eighteen of their respective severity shall be
years and his case is one coming under the followed so that they may be executed
provisions of the paragraph next to the last successively or as nearly as may be
of article 80 of this Code, the following possible, should a pardon have been
rules shall be observed: granted as to the penalty or penalties first
imposed, or should they have served out.
1.) Upon a person under fifteen but over
nine years of age, who is not exempted For the purpose of applying the provisions
from liability by reason of the court having of the next preceding paragraph the
declared that he acted with discernment, a respective severity of the penalties shall be
discretionary penalty shall be imposed, but determined in accordance, with the
always lower by two degrees at least than following scale:
that prescribed by law for the crime which
he committed. 1. Death;

2.) Upon a person over fifteen and under 2. Reclusion Perpetua;

eighteen years of age the penalty next
3. Reclusion Temporal;
lower than that prescribed by law shall be
imposed, but always in the proper period. 4. Prision Mayor;
Article 69. Penalty to be imposed when the 5. Prision Correccional;
crime committed is not wholly excusable. –
A penalty lower by one or two degrees than 6. Arresto Mayor;
that prescribed by law shall be imposed if
 CRIM1 (Atty. RR B-MAMBURAM notes) 45

7. Arresto Menor; i. indeterminate penalties – basis of the 3-

fold rule is the maximum term of the
8. Destierro; sentence
ii. 30-year duration of reclusion perpetua –
9. Perpetual absolute disqualification; for multiple penalties
iii. 40-year duration of reclusion perpetua
10. Temporary absolute disqualification;
– for a single penalty
11. Suspension from public office, the right
o How is the penalty computed?
to vote and be voted for, the right to follow
1. Get the most severe penalty meted as
a profession or calling; and
listed in Art. 70;
2. Multiply the duration of the most severe
12. Public Censure.
penalty by 3;
3. Add the duration of all the different
sentences;
Notwithstanding the provisions of the rule 4. Compare the results in 2 and 3;
nest preceding, the maximum duration of 5. Accused to serve the lesser period
the convict’s sentence shall not be more unless it is in excess of 40 years in which
than threefold the length of time case, the culprit shall serve only 40 years.
corresponding to the most severe of the
 Imposition of penalty
penalties imposed upon him. No other
penalty to which he may be liable shall be CASES:
inflicted after the sum total of those
imposed equals the same maximum period. 1. Pp vs. Escares (G.R. No. L-11128-33, December
23, 1957). Instead of sentencing the accused to
Such maximum period shall in no case suffer penalty of 4 years 2 months and 1 day of
exceed forty years. prision correccional for each crime, the trial court
applied the three-fold rule and imposed the
In applying the provisions of this rule te
penalty of 12 years 6 months and 3 days in all
duration of perpetual penalties (penal
the cases. Held: Article 70, par. 4, should be
perpetua) shall be computed at thirty years.
taken into account, not in the imposition of the
(As amended by Com. Act No. 217.)
penalty but in connection with the service of the
 2 modes of service of multiple penalties sentence imposed.
a. Simultaneously – if the nature of the
2. Mejorada vs. Sandiganbayan (G.R. No. L-
penalties will so permit;
51065-72, June 30, 1987). The Sandiganbayan
b. Successively – if the nature of the
sentenced the accused to suffer multiple
penalties will not permit simultaneous
penalties, which totals 56 years and 8 days of
service.
 SUCCESSIVE SERVICE imprisonment. Accused impugned this as
A. where the penalties to be served are contrary to the three-fold rule and the 40-year
destierro and imprisonment – latter limitation rule. Held: Article 70 is to be taken into
penalty is deprivations of liberty while the account not in the imposition of the penalty but in
former is just a restriction; connection with the service of the sentence
B. where the penalties to be served are imposed.
imprisonment
1. order of severity;  Distinguish imposition of a penalty from
2. total duration – subject to the three-fold service of sentence
rule and 40-year limitation rule.
a. THREE_FOLD RULE – the duration of Imposition of a Service of sentence
the imprisonment in the service of penalty
multiple penalties must not exceed three- Determined by the Determined by the
fold the length of time corresponding to nature, gravity and severity and character
the most severe of the penalties imposed number of offenses of the penalty or
upon him. charged and proved penalties imposed
b. FORTY-YEAR LIMITATION RULE The court does not Article on service of
Ex: A was sentenced to suffer 5 penalties concern itself with the sentence is for the
of 15 years of reclusion temporal (max) for possibility or Director of Prisons to
5 counts of homicide practicality of the follow
-Total duration: 75 years service of the sentence
- Three-fold length: 45 years
-40-year limitation: 40 years
 SIMULTANEOUS SERVICE
c. ANCILLIARY RULES 1. When the nature of the penalties will so
permit;
 CRIM1 (Atty. RR B-MAMBURAM notes) 46

2. The penalties which could be served -- reckoned 2 degrees lower than reclusion
simultaneously with other penalties are: perpetua.
a. Perpetua or temporary absolute
disqualification; DURATION OF THE PENALTIES:
b. Perpetua or temporary special
disqualification; Penalties Time Tine Time Time
c. Public censure; includ include includ include
d. Suspension from public office; ed in d in its ed in d in its
e. And other accessory penalties. the minimu its maxim
penalt m mediu um
Article 71. Graduated scales. – In the cases in
y in its period m
which the law prescribes a penalty lower or
entirel period
higher by one or more degrees than another
y
given penalty, the rules prescribed in article 61 Reclusion From From From From
shall be observed in graduating such penalty. Temporal 12 12 14 17
The lower or higher penalty shall be taken from
years years years, years 4
the graduated scale in which is comprised the
and 1 and 1 8 months
given penalty.
day to day to month and 1
The courts, in applying such lower or higher
20 14 s and day to
penalty, shall observe the following graduated
years years 1 day 20
scales:
and 8 to 17 years
SCALE NO.1 months years
1. Death; and 4
2. Reclusion perpetua; month
3. Reclusion temporal; s
4. Prision mayor; Prision From From 6 From From
5. Prision correccional;
mayor, 6 years 8 10
6. Arresto mayor;
7. Destierro; absolute years and 1 years years
8. Arresto menor; disqualificat and 1 day to and 1 and 1
9. Public censure; ion and day to 8 years day to day to
10. Fine. special 12 10 12
temporary years years years
SCALE NO. 2 disqualificat
1. Perpetual absolute disqualification;
ion
2. Temporary absolute disqualification;
Prision From From 6 From From 4
3. Suspension from public office, the right to vote
correccional 6 months 2 years,
and be voted for, the right to follow a profession
, month and 1 years, 2
or calling;
4. Public censure; suspension s and day to 4 months
5. Fine. and 1 day 2 month and 1
Scales of penalties: destierro to 6 years s and day to
years and 4 1 day 6 years
1. Article 25 – scale of penalties according to its months to 4
gravity; years
2. Article 70 – scale of penalties in accordance and 2
with its severity for purposes of applying the month
rule for service of multiple sentences; s
3. Article 71 – graduated scale of penalties for Arresto From From 1 From From 4
purposes of applying the rules for graduation of
mayor 1 to 2 2 months
penalties. month months month and 1
o Under Art. 71, destierro is not a higher and 1 s and day to
day to 1 day 6
penalty than arresto mayor.
o Under Article 25, arresto menor is light month to 4 months
penalty while destierro is a correctional s month
penalty. s
o Death penalty Arresto From From 1 From From
menor 1 to to 10 11 to 21 to
CASE: Pp vs. Alfredo Bon (GR No. 166401, 30 days 20 30 days
October 30, 2006). Held: “Death” as utilized in days days
article 71 of the RPC shall no longer form part of
the equation in the graduation of penalties.

Ex: Penalty for attempted qualified rape

Article 77. When the penalty is a complex one
composed of three distinct penalties. – In cases in
 CRIM1 (Atty. RR B-MAMBURAM notes) 47

which the law prescribes a penalty composed of proceedings

three distinct penalties, each one shall be the Test: whether the
minimum, the next the medium, and the most accused would have a
severe the maximum period. Whenever the fair trial
penalty prescribed does not have one of the After finality of Suspension of
forms specially provided for in this Code, the sentence or during the execution and
periods shall be distributed, applying for analogy service thereof service of penalties
the prescribed rules. (limited to the personal
penalties only)
COMPLEX PENALTY

CHAPTER FIVE Article 80. Suspension of sentence of minor

delinquents – REPEALED BY R.A No. 9344 – Article
Execution and Service of Penalties 80 was repealed by P.D 603 (Child & Youth
Welfare Code).However, the provision of PD 6033
SECTION 1
dealing with the suspension of sentence of minor
General Provisions delinquents are deemed repealed by R.A. No.
9344 (Juvenile Justice and Welfare Law)
Article 78. When and how a penalty is to be
executed. – PD 603 – CHILD AND YOUTH WELFARE CODE

 Judgment becomes final:

Article 192. Suspension of sentence of youthful
a. after the lapse of the period for perfecting an offender – instead of pronouncing judgment, the
appeal; court shall suspend all further proceedings and
shall commit such minor to the custody or care of
b. when the sentence has been partially or totally the DSWD, or to any government training
satisfied or served; institution, duly licensed agencies or any other
responsible person, until he shall have reached
c. when accused has waived in writing his right to
21 years of age, or for a shorter period as the
appeal;
court may deem proper;
d. when accused has applied for probation.
 Youthful offender should apply for a
Article 79. Suspension of the execution and suspended sentence;
service of the penalties in case of insanity. –  If the child at the time of trial or conviction
When a convict shall become insane or an is no longer a minor, he shall not entitled
imbecile after final sentence has been to a suspended
pronounced, the execution the said sentence
Article 196. Dismissal of the Case. – If iy is shown
shall be suspended only with regard to the
to the satisfaction of the court that the youthful
personal penalty, the provisions of the second
offender whose sentence has been suspended,
paragraph of circumstance number 1 of article 12
has behaved properly and has shown his
being observed in the corresponding cases.
capability t be a useful member of the
If at any time the convict shall recover his reason, community, even before reaching the age of
his sentence shall be executed, unless the majority, upon recommendation of the
penalty shall have prescribed in accordance with Department of Social Welfare, it shall dismiss the
the provisions of this Code. case and order his final discharge.

The respective provisions of this section shall also Article 197. Return of the Youth Offender to Court.
be observed if the insanity or imbecility occurs – Whenever the youthful offender has been found
while the convict is serving his sentence. incorrigible or has willfully failed to comply with
the conditions of his rehabilitation programs, or
o Effects of INSANITY: should his continued stay in the training
institution be inadvisable, he shall be returned to
At the time of the EXEMPTING the committing court for the pronouncement of
commission of the CIRCUMSTANCE (Article judgment.
crime 12 RPC)
After the commission of Suspension of the When the youthful offender has reached the age
the crime but before arraignment, upon of twenty-one while in commitment, the court
arraignment motion of the accused shall determine whether to dismiss the case in
(Sec. 11 Rule 116 of accordance with the next preceding article r to
the Rules of Criminal pronounce the judgment of conviction.
Procedure
During trial Suspension of Article 198. Effect of Release of Child Based on
Good Conduct. – The final release of a child
 CRIM1 (Atty. RR B-MAMBURAM notes) 48

pursuant to the provisions of this chapter shall cultural, economic, psychological or educational
not obliterate his civil liability for damages. Such background without resorting to formal court
release shall be without prejudice to the right for proceedings.
a writ of execution for the recovery of civil
damages. “Diversion Program” refers to the program
that the child in conflict with the law is required
Article 201. Civil Liability of Youthful Offenders. – to undergo after he/she is found responsible for
The civil liability for acts committed by a youthful an offense without resorting to formal court
offender shall devolve upon the offender’s father proceedings.
and in case of his death r incapacity, upon the
mother, or in case of her death or incapacity, “Initial Contact With-the Child” refers to the
upon the guardian. Civil liability may also be apprehension or taking into custody of a child in
voluntarily assumed by a relative or family friend conflict with the law by law enforcement officers
of the youthful offender. or private citizens. It includes the time when the
child alleged to be in conflict with the law
R.A. NO. 9344 – JUVENILE JUSTICE AND receives a subpoena under Section 3(b) of Rule
WELFARE LAW 112 of the Revised Rules of Criminal Procedure or
summons under Section 6(a) or Section 9(b) of
the same Rule in cases that do not require
 “CHILD IN CONFLICT WITH THE LAW preliminary investigation or where there is no
(CICL)” – refers to a child who alleged as, necessity to place the child alleged to be in
accused as, or adjudged as, having conflict with the law under immediate custody.
committed an offense under the Philippine
law. “Intervention” refers to a series of activities
--- called a YOUTHFUL OFFENDER under which are designed to address issues that caused
Article 189 of PD No. 603 the child to commit an offense. It may take the
form of an individualized treatment program
 Definition of terms which may include counseling, skills training,
“Child” – person under 18 years of age education, and other activities that will enhance
“Child at Risk” refers to a child who is vulnerable
his/her psychological, emotional and psycho-
to and at the risk of committing criminal offenses
social well-being.
because of personal, family and social
circumstances, such as, but not limited to, the “Juvenile Justice and Welfare System” refers
following: to a system dealing with children at risk and
(1) being abused by any person through sexual, children in conflict with the law, which provides
physical, psychological, mental economic or any children appropriate proceedings, including
other means and the parents or guardian refuse, programs and services for prevention, diversion,
are unwilling, or unable to provide protection for rehabilitation, re-integration and aftercare to
the child; ensure their normal growth and development.
(2) being exploited including sexually or
economically; “Offense” refers to any act or omission whether
(3) being abandoned or neglected, and after punishable under special laws or the Revised
diligent search and inquiry, the parent or Penal Code, as amended.
guardian cannot be found;
(4) coming from a dysfunctional or broken family “Recognizance” refers to an understanding in
or without a parent or guardian; lieu of a bond assumed by a present or custodian
(5) being out of school; who shall be responsible for the appearance in
(6) being a street child;
court of the child in conflict with the law, when
(7) being a member of a gang;
(8) living in a community with a high level of required.
criminality or drug abuse; and
“Victimless Crimes” refers to offenses where
(9) living in situations of armed conflict.
there is no private offended party.
“Best Interest of the Child” refers to the
“Restorative Justice” refers to a principle
totality of the circumstances and conditions
which requires a process of resolving conflicts
which are most congenial to the survival,
with the maximum involvement of the victim, the
protection and feelings of security of the child
offender and the community. It seeks to obtain
and most encouragingly to the child’s physical,
reparation for the victim; reconciliation of the
psychological and emotional development. It also
offender, the offended and the community; and
means the least detrimental available alternative
reassurance to the offender that he/she can be
for safeguarding the growth and development of
reintegrated into society. It also enhances public
the “Diversion” refers to an alternative, child-
safety by activating the offender, the victim and
appropriate process of determining the
the community in prevention strategies.
responsibility and treatment of a child in conflict
with the law on the basis of his/her social,
 CRIM1 (Atty. RR B-MAMBURAM notes) 49

Section 20. Children below the age of child’s parents/guardians the consequences of
criminal responsibility. – If it has been the Child’s act with a view towards counseling
determined that the child taken into custody is and rehabilitation, diversion from the criminal
fifteen (15) years old or below, the authority justice system, and reparation, if appropriate;
which will have an initial contact with the child (j) Take the child immediately to the
has the duty to immediately release the child to proper medical and health officer for a thorough
the custody of his/her parents or guardian, or in physical and mental examination. The
the absence thereof the child’s nearest relative. examination results shall be kept confidential
Said authority shall give notice to the local social unless otherwise ordered by the family Court.
welfare and development officer who will Whenever the medical treatment is required,
determine the appropriate programs in steps shall be immediately undertaken to provide
consultation with the child and to the person the same;
having custody over the child. If the parents, (k) Ensure that should detention of the
guardians or nearest relatives cannot be located, child in conflict with the law be necessary, the
or if they refuse t take custody, the child may be child shall be secured in quarters separate from
released to any of the following: a duly registered that of the opposite sex and adult offenders;
(l) Record the following in the initial
nongovernmental or religious organization; a
investigation:
barangay official or a member of a Barangay
1. Whether handcuffs or other instruments
Council for the Protection of Children (BCPC); a
of restraint were used, and if so, the reason for
local social welfare and development officer; or
such;
when and where appropriate, the DSWD. If the 2. That the parents or guardian of a child,
child referred to herein has been found by the the DSWD, and the PAO have been informed of
Local Social Welfare and Development Office to the apprehension and the details thereof; and
be abandoned, neglected or abused by his 3. The exhaustion of measures to
parents. Or in the event that the parents will not determine the age of a child and the precise
comply with the prevention program, the proper details of the physical and medical examination
petition for involuntary commitment shall be filed or the failure to submit a child to such
by the DSWD or the Local Social Welfare and examination; and
Development Office pursuant to Presidential (m) Ensure that all statements signed by
Decree No. 603, otherwise known as “The Child the child during investigation shall be witnessed
and Youth Welfare” by the child’s parents or guardian, social worker,
SEC. 21. Procedure for Taking the Child Into or legal counse in attendance who shall affix
Custody. – From the moment a child is taken into his/her signature to the said statement.
custody, the law enforcement officer shall: A child in conflict with the law shall be
(a) Explain to the child in simple language searched by a law enforcement officer of the
and in a dialect that he/she can understand why same gender and shall not be locked up in a
he/she is being placed under custody and the detention cell.
offense that he/she allegedly committed; SEC. 23. System of Diversion. – Children in
(b) Inform the Child of the reason for such conflict with the law shall undergo diversion
custody and advise the child of his/her programs without undergoing court proceedings
constitutional rights in a language or dialect subject to the conditions herein provided:
understood by him/her; (a) Where the imposable penalty for the
(c) Properly identify himself/herself and crime committee is not more than six (6) years
present proper identification to the child; imprisonment officer or Punong Barangay with
(d) Refrain from using vulgar r profane the assistance of the local social welfare and
words and from sexually harassing or abusing, or development officer or other members of the
making sexual advances on the child in conflict LCPC shall conduct mediation, family
with the law; conferencing and conciliation and, where
(e) Avoid displaying or using any firearm,
appropriate, adopt indigenous modes of conflict
weapon, handcuffs or other instruments of force
resolution in accordance with the best interest of
or restraints, unless absolutely necessary and
the child with a view to accomplishing the
only after all other methods of control have been
objectives of restorative justice and the
exhausted and have failed;
formulation of a diversion program. The child and
(f) Refrain from subjecting the child in
his/her family shall be present in these activities.
conflict with the law to greater restraint than is
(b) In victimless crimes where the
necessary for his/her apprehension;;
imposable penalty is not more than six (6) years
(g) Avoid violence or unnecessary force;
(h) Determine the age of the child imprisonment, the local social welfare and
pursuant to Section 7 of this Act; development officer shall meet with the child and
(i) Immediately but not later than eight (8) his/her parents or guardians for the development
hours after apprehension, turn over custody of of the appropriate diversion and rehabilitation
the child to the Social Welfare and Development program, in coordination with the BCPC;
Office or other accredited NGOs, and notify the (c) Where the imposable penalty for the
child’s apprehension. The social welfare and the crime committed exceeds six (6) years
 CRIM1 (Atty. RR B-MAMBURAM notes) 50

imprisonment, diversion measures may be Upon serving the subpoena and the
resorted to only by the court. affidavit of complaint, the prosecutor shall notify
SEC. 24. Stages Where Diversion May be the Public Attorney’s Office of such service, as
Conducted. – Diversion may be conducted at well as the personal information, and place of
the Katarungan Pambarangay, the police detention of the child in conflict with the law.
investigation or the inquest or preliminary Upon determination of probable cause by
investigation stage and at all levels and phases of the prosecutor, the information against the child
the proceedings including judicial level. shall be filed before the Family Court within forty-
SEC. 25. Conferencing, Mediation and five (45) days from the start of the preliminary
Conciliation. – A child in conflict with the law investigation.
may undergo conferencing, mediation or
conciliation outside the criminal justice system or CHAPTER 4
prior to his entry into said system. A contract of COURT PROCEEDINGS
SEC. 34. Bail. – For purposes of recommending
diversion may be entered into during such
the amount of bail, the privileged mitigating
conferencing, mediation or conciliation
circumstance of minority shall be considered.
proceeding.
SEC. 26. Contract of Diversion -- If during the
SEC. 35. Release on Recognizance. – Where a
conferencing, mediation or conciliation, the child
child is detained, the court shall order:
voluntary admits the commission of the act, a (a) The release of the minor on
diversion program shall be developed when recognizance to his/her parents and other
appropriate and desirable as determined under suitable person;
SEC 30. Such admission shall not be used (b) The release of the child in conflict with
against the child in any subsequent judicial, the law on bail; or
quasi-judicial or administrative proceedings. The (c) The transfer of the minor to a youth
diversion program shall be effective and binding detention home/youth rehabilitation
if acceptance shall be ii writing and signed by the center.
parties concerned and the appropriate
authorities. The local social welfare and The court shall not order the detention of a child
development officer shall supervise the in a jail pending trial or hearing of his/her case.
implementation of the diversion program. The SEC. 36. Detention of the Child Pending Trial. –
diversion proceedings shall be completed within Children detained pending trial may be released
forty-five (45) days. The period of prescription of on bail or recognizance as provided for under
the offense shall be suspended until the Sections 34 and 35 under this Act. In all other
completion of the diversion proceedings but not cases and whenever possible, detention pending
to exceed forty-five (45) days. trial may be replaced by alternative measures,
The child shall present himself/herself to such a s close supervision, intensive care or
the competent authorities the imposed the placement with a family or in a educational
diversion program at least once a month for setting or home. Institutionalization or detention
reporting and evaluation of the effectiveness of of the child pending trial shall be used only as a
the program. measure of last resort and for the shortest
Failure to comply with the terms and possible period of time.
conditions of the contract of diversion, as Whenever detention is necessary, a child will
certified by the local social welfare and always be detained in youth detention homes
development officer, shall give the offended party established by local governments, pursuant to
the option to institute the appropriate legal Section 8 of the Family Courts Act, in the city or
action. municipality where the child resided.
The period of prescription of the offense In the absence of a youth detention home, the
shall be suspended during the effectivity of the child in conflict with the law may be committed to
diversion program, but not exceeding a period of the care of the DSWD or a local rehabilitation
two (2) years. center recognized by the government in the
SEC. 33. Preliminary investigation and finding of province, city or municipality within the
Information – The prosecutor shall conduct a jurisdiction of the court. The center or agency
preliminary investigation in the following concerned shall be responsible for the child’s
instances: appearance in court whenever required.
(a) When the child in conflict with the law SEC. 37. Diversion Measures. – Were the
does or qualifies for diversion; maximum penalty imposed by law for the offense
(b) When the child, his/her parents or with which the child in conflict with the law is
guardian does not agree to diversion as specified charged is imprisonment of not more than twelve
in Sections 27 and 28; and (12) years, regardless of the fine or fine alone
(c) When considering the assessment and regardless of the amount, and before arraignment
recommendation of the social worker, the of the child in conflict with the law, the court shall
prosecutor determines that diversion is not determine whether or not diversion is
appropriate for the child in conflict with the law. appropriate.
 CRIM1 (Atty. RR B-MAMBURAM notes) 51

SEC. 38. Automatic Suspension of Sentence. –

Once the child who is under eighteen (18) years
of age at the time of the commission of the See: AM No. 02-18-SC November 24,
offense charged, the court shall determine and 2009
ascertain any civil liability which may have
resulted from the offense committed. However, Section 7. Exempting from Criminal Liability. – A
instead of pronouncing the judgment of child fifteen years of age or under at the time of
conviction, the court shall place the child in the commission of the offense shall be exempt
conflict with the law under suspended sentence, from criminal liability. However, the child shall be
without need of application: Provided, however, subjected to an intervention program as
that suspension of sentence shall still be applied provided for in Republic Act No. 9344 when
even if the juvenile is already eighteen years (18) consented to by the child and the parents. (a)
of age or more at the time of the pronouncement Exemption from criminal liability does not
of his/her guilt. include exemption from civil liability which shall
Upon suspension of sentence and after be enforced in accordance with the provisions of
considering the various circumstances of the Article 221 of the Family Code in relation to
child, the court shall impose the appropriate Article 101 of the Revised Penal Code and Rule
disposition measures as provided in the Supreme 111 of the Revised Rules of Criminal Procedure. If
Court Rule on Juvenile in Conflict with the Law. the act or omission of the child involves a quasi-
SEC. 39. Discharge of the Child in Conflict delict, Article 2180 of the Civil Code shall apply.
with the Law. – Upon the recommendation of Section 10. Determination of Discernment. –
the social worker who has custody of the child, Discernment is preliminary determined by a
the court shall dismiss the case against the child social worker and finally by the court in the case
whose sentence has been suspended and against of a child charged with a non-serious offense. In
whom disposition measures have been issued, all other cases, discernment is determined by the
and shall order the final discharge of the child if it court.
finds that the objective of the disposition The determination of discernment shall
measures have been fulfilled. take into account the ability of a child to
The discharge of the child in conflict with the law understand the moral and psychological
shall not affect the civil liability resulting from the components of criminal responsibility and the
commission of the offense, which shall be consequences of the wrongful act; and whether a
enforced in accordance with law. child can be responsible for essentially antisocial
SEC. 40. Return of the Child in Conflict with behavior.
the Law to Court. – If the court finds that the Section 48. Suspension of Sentence. If the child is
objective of the disposition measures imposed found guilty of the offense charged, the court,
upon the child in conflict with the law have not instead of executing the judgments of conviction,
been fulfilled, or if the child in conflict with the shall place the child in conflict with the law under
law has willfully failed to comply with the suspended sentence, without need of application.
conditions of his/her disposition or rehabilitation Suspension of sentence can be availed of even if
program, the child in conflict with the law shall be the child is already eighteen years (18) of age or
brought before the court for execution of more but not above twenty-one (21) years old, at
judgment. the time f the pronouncement of guilt, without
If said child in conflict with the law has reached prejudice to the child’s availing of other benefits
eighteen (18) years of age while under such as probation, if qualified, or adjustment of
suspended sentence, the court shall determine penalty, in interest of justice.
whether to discharge the child in accordance with The benefits of the suspended sentence
this Act, to order execution of sentence for a shall not apply to achild in conflict with the law
certain specified period or until the child reaches who has once enjoyed suspension of sentence,
the maximum age of twenty-one (21) years. but shall nonetheless apply to one who is
SEC. 41. Credit in Service of Sentence. – The child convicted of an offense punishable by
in conflict with the law shall be credited in the reclusion perpetua or life imprisonment
services of his/her sentence with the full time pursuant to the provisions of Rep. Act No.
spent in actual commitment and detention under 9346 prohibiting the imposition of the death
this Act. penalty and in lieu thereof, reclusion
SEC. 42. Probation as an Alternative to perpetua, and after application of the
Imprisonment. – The court may, after it shall have privileged mitigating circumstance of
convicted and sentenced a child with the law, and minority.
upon application at any time, place the child on If the child in conflict with the law reaches
probation in lieu of service of his/her sentence eighteen (18) years of age while under
taking into account the best interest of the child. suspended sentence, the court shall determine
For this purpose, Section 4 of Presidential Decree whether to discharge the child in accordance with
No. 968, otherwise known as the “probation Law the provisions of Republic Act 9344, or to extend
of 1976”, is hereby amended accordingly. the suspended sentence for a maximum period of
 CRIM1 (Atty. RR B-MAMBURAM notes) 52

up to the time the child reaches twenty-one (21) Sec. 39 the CICL – final
years of age, or to order service of sentence. discharge if the court
finds that the object of
MINORITY the disposition
measures have been
AGE EFFECT PROGRAM
fulfilled.
15 years or EXEMPTING Intervention
Article 197 – repealed Sec. 40 – Return of the
under program under
by Sec. 40 CICL
Sec. 20
Above 15 but EXEMPTING Intervention
 Distinctions between the rules in PD 603
below 18 and program
and RA No. 9344
acted without
discernment PD 603 RA No, 9344
Above 15 but PRIVILEGED Diversion Sentence of juvenile Automatic suspension
below 18 and MITIGATING program under offender will not be of sentence, without
acted with Chapter 2 suspended without need of application
discernment application for
suspension of sentence
If at the time the crime Suspension of senesce
 When is the minor not qualified for
was committed, shall still be applied
diversion? accused was below 18 even if the juvenile
a. The penalty imposable exceeds 6 years
years but at the time of delinquent is already
imprisonment; and
the trial or conviction 18 years or more at the
b. The child, his parents or guardian do
he was no longer a time of the
not consent to diversion, the records shall
minor he is not entitled pronouncement of his
be forwarded t the prosecutor or judge
anymore to a guilt
concerned for the conduct of inquest or
suspended sentence
preliminary investigation.
but offender’s minority
shall be appreciated as
Not more than 6 years Law enforcement privileged mitigating
imprisonment office/LCPC/PB shall Suspension of sentence No provision
conduct mediation, cannot be a YO who disqualifying child from
family conferencing has once enjoyed the benefit of the rule
and conciliation, adopt suspension of sentence on suspension of
indigenous modes of or to one who is sentence
conflict resolution convicted of an offense
Victimless crimes, not Local SWDO shall meet punishable by death or
more than 6 years with the child for the life imprisonment or to
imprisonment development of the one who is convicted
appropriate diversion & for an offense by
rehab program military tribunals.
More than 6 years Diversion measures
imprisonment may be resorted to only
by the court.  CASE: Rennie Declarador vs. Hon.
Salvador S. Gubaton (GR No. 159208,
August 18, 2006)
PD 603 RA No. 9344
Article 191 – repealed Sec. 35 Child detained:
by Sec. 35 (Release on a. release on
Recognizance) – Court recognizance parents Facts: RTC suspended the sentence of
shall not order the of the minor and other accused-minor Frank Basalas and ordered his
detention of the child in suitable persons commitment to the Regional Rehabilitation
a jail pending trial or (discretionary;) Center for Youth. Frank was charged with
hearing of his/her case. b. release on bail; murder for killing his teacher Yvonne
c. transfer of the minor Declarador. Petitioner filed a petition for
t a youth detention certiorari seeking to nullify the aforestated
home/youth rehab portions of the decision of the court.
Center
Article 192 – repealed Sec. 38 – Automatic Held: (Read Article 192 of PD 603 and
by Sec. 38 (See suspension of correlate with Section 32 of AM No. 02-1-18-
Declarador vs. Hon. Sentence, without need SC and Section 38 of RA No. 9344) Thus, it is
Gubaton) of application clear that a person who is convicted of an
offense punishable by death, life
Article 196 repealed by Sec. 39 – Discharge of imprisonment, or reclusion perpetua is
 CRIM1 (Atty. RR B-MAMBURAM notes) 53

disqualified from availing the benefits of a liability for Evasion of Service of Sentence under
suspended sentence. “Punishable” is defined Art. 157;
as “deserving of or capable, or liable for
punishment; liable to punishment.” The term -- Penalty:
refers to the possible, not to the actual
a. for concubine in concubinage (Art. 334);
sentence. It is concerned with the penalty
which may be, and not which is imposed. Xxx b. additional penalty for the crime of threat when
The law (Section 38 of RA No. 9344) merely the offender failed to give bond for good behavior
amended Article 192 of PD No. 603, as (Art. 284);
amended by AM No. 02-1-18-SC, in that the
suspension of sentence shall be enjoyed by c. When the imposable graduated penalty is
the juvenile even if he is already 18 years of destierro (Art. 71);
age or more at the time of the
pronouncement of his/her guilt. The other d. death under exceptional circumstances (Art.
disqualifications in Article 192 of PD No. 603, 247).
as amended, and Section 32 of AM have not
CASE: Pp vs. Abarca (GR No. 74433, September
been deleted from Section 38 of RA no. 9344.
14, 1987) Destierro penalty is mere banishment
Evidently, the intention of Congress was to
and is intended more for the protection of the
maintain the other disqualifications as
accused than a punishment.
provided in Article 192 of PD No. 603, and
amended and Section 32 of AM. Hence, RA No. 9346 – AN ACT PROHIBITING THE
juveniles who have been convicted of a crime IMPOSITION OF THE DEATH PENALTY
the imposable penalty for which is reclusion SECTION 1. The imposition of the penalty of
perpetua, life imprisonment or reclusion death is hereby prohibited. Accordingly, Republic
perpetua to death or death, are disqualified Act No. Eight Thousand One Hundred Seventy-
from having their sentences suspended. Seven (R.A. No. 8177), otherwise known as the
Act Designating Death by Lethal Injection is
SECTION 2
hereby repealed. Republic Act N. Seven Thousand
Execution of principal penalties. Six Hundred Fifty-Nine (RA No. 7659), otherwise
known as the Death Penalty Law, and al other
Article 81 to 85 have been repealed by RA laws, executive orders and decrees, insofar as
No. 9346. they impose the death penalty are herby
repealed or amended accordingly.
Article 86. Reclusion pperpetua, reclusion
temporal, prision mayor, prision correccional and SECTION 2. In lieu of the death penalty, the
arresto mayor. – The penalties of reclusion following shall be imposed.
perpetua, reclusion temporal, prision mayor, (a) The penalty or reclusion perpetua, when the
prision correccional and arresto mayor shall be law violated makes use of the nomenclature of
executed and served in the places and pena the penalties of the Revised Penal Code; or
establishments provided by the Administrative (b) The penalty of life imprisonment, when the
Code in force or which may be provided by law in law violated does not make use of the
the future. nomenclature of the penalties of the Revised
Penal Code.
Article 88. Arresto menor. – The penalty of
SECTION 3. Person convicted of offenses
arresto menor shall be served in the municipal
punished with reclusion perpetua, or whose
jail, or in the house of the defendant himself
sentences will be reduced to reclusion perpetua,
under the surveillance of an officer of the law,
by reason of this Act; shall not be eligible for
when the court so provides in its decision, taking
parole under Act No. 4180, otherwise known as
into consideration the health of the offender and
the Indeterminate Sentence Law, as amended.
other reasons which may seem satisfactory to it.

Article 87. Destierro. – Any person sentenced to Extinction of Criminal Liability

destierro shall not be permitted to enter the place CHAPTER ONE
or places designated in the sentence, nor within Total Extinction of Criminal Liability
the radius therein specified, which shall be not Article 89. how criminal liability is
more than 250 and not less than 25 kilometers totally extinguished. – Criminal Liability
from the place designated. is totally extinguished:
1. By the death of the convict, as to the
 DESTIERRO – Spanish word for “exile” or personal penalties; and as to pecuniary
penalties, liability therefor is
“banishment.”
extinguished only when the death of
the offender occurs before final
-- prohibition: to enter the place designated in the
judgment;
judgment; entering the place would give rise to 2. By service of the sentence;
 CRIM1 (Atty. RR B-MAMBURAM notes) 54

3. By amnesty, which completely enforced either against the

extinguishes the penalty and all its executor/administrator or the estate of the
effects; accused, depending on the source of obligation
4. By absolute pardon; upon which the same is based as explained
5. By prescription of the crime; above.
6. By prescription of the crime;
7. By the marriage of the offended 4. Finally, the private offender party need not fear
woman, as provided in Article 344 of a forfeiture ole this separate civil action by
this Code. prescription, in cases where during the
prosecution of the criminal action and prior to its
A. Exclusivity Rule – the modes of extinction extinction, the private-offended party instituted
of criminal liability under Art. 89 is together therewith the civil action. In such case,
EXCLUSIVE. the statute of limitations on the civil liability is
deemed interrupted during the pendency of the
B. Extinction of civil liability – governed by criminal case, conformably with provisions of
Art. 112 RPC Article 1155 of the Civil Code that should thereby
avoid any apprehension on a possible privation of
Exception: Par. 1 of Art 89 right by prescription.

Gen. Rule: extinction of criminal liability as well

 DEATH OF THE OFFENDER as the civil liability based solely on the offense
committed
-- Death of the convict extinguishes liability for Exception: the claim for civil liability survives
personal penalties and pecuniary penalties when notwithstanding the death accused, if the same
the death of the offender occurs before final may also be predicated on a source of obligation
judgment; other delict, such as law, contracts, quasi
contracts and quasi-delicts.
-- If the offender died before final judgment, both
criminal and civil liabilities (arising from the  SERVICE OF SENTENCE
crime) are extinguished.
- common mode of criminal extinction;
- does not extinguish civil liability.

 Effect of the death of the accused pending  AMNESTY

appeal (see p vs. Bayotas, GR No. 152007,
September 2, 1994, 236 SCRA 239) where -- defined as an act of grace concurred in by the
the SC made the following legislature, which is usually extended to groups of
pronouncements: persons who committed political offenses, which
puts into oblivion the offense itself;
1. Death of the accused pending appeal of his
-- looks backward and abolishes and puts int
conviction extinguishes his criminal liability as
oblivion the offense itself;
well as the civil liability based solely thereon. As
opined by Justice Regalado, in this regard, “the -- a public act of which the court should take
death of the accused prior to final judgment judicial notice;
terminates his criminal liability and only the civil
liability directly arising from and based solely on -- civil liability of the offender however, is not
the offense committed, i.e., civil liability ex extinguished.
delicto in senso strictiore.”
 ABSOLUTE PARDON
2. Corottarily, the claim for civil liability survives
-- Pardon – an act of grace proceeding from the
notwithstanding the death of accused, if the power entrusted with the execution of the laws
same may also be predicated on a source of which exempts the individual on whom it is
obligation other than delict. Article 1157 of the bestowed from the punishment the law inflicts for
Civil Code enumerates these other sources of the crime he has committed.
obligation from which the civil liability may arise
as a result of the same act or omission: -- relieves the person pardoned from the penal
consequences of the crime but it does not erase
a) Law or blot out the crime itself.
b) Contracts
c) Delicts -- 2 kinds of pardon:
d) Quasi-delicts
a. Executive – will not extinguish the civil liability
3. Where the civil liability survives, as explained of the offender to the private complainant;
in Number 2 above, an action for recovery b. Private – does not extinguish the criminal
therefor may be pursued but only by way of filing action.
a separate civil action and subject to Section 1,
Rule 111 of the 1985 Rules on Criminal Procedure Distinguish between PARDON and AMNESTY:
as amended. This separate civil action may be
 CRIM1 (Atty. RR B-MAMBURAM notes) 55

Pardon Amnesty of civil liability arising from the offense charged.

Granted by the Granted by the (Pp vs. Relova, March 6, 1987)
President President with the
concurrence of Imprisonment penalties:
20 years Death penalty,
Congress
Private act which must Public act of which reclusion perpetua,
be leaded and proved, courts take judicial reclusion temporal
15 years Prision mayor
as courts do not take notice of
10 years Prision correccional
judicial notice of it
5 years Arresto mayor
Looks forward and Looks backward and
2 months Arresto menor
relieves the offender abolishes and puts into 1 year Libel and other similar
from the consequences oblivion the offense offenses
of the offenses of which itself 6 months Grave oral defamation
he in convicted and grave slander by
Generally granted to Generally granted to deed
ordinary crimes and political crimes and 2 months Simple oral defamation
offenders offenders or simple slander by
Granted after final Granted before deed (Pp vs. Maceda,
conviction conviction 73 Phil 678)
 MARRIAGE BETWEEN THE OFFENDER Non-imprisonment penalties:
AND OFFENDED PARTY 15 years Afflictive Penalty:
Perpetual absolute
-- Under Art. 344 – Marriage of the offender and
offended party is SEDUCTION, ABDUCTION and disqualification
ACTS OF LASCIOUSNESS extinguishes the Temporary absolute
criminal liability of the former and his co- disqualification
principals, accomplices and accessories. 10 years Correctional penalty :
Suspension
-- Must be contracted by offender in good faith. Destierro
2 months Light penalty:
-- Under Art. 266-C – rape no longer considered a
Public censure
private crime but marriage between offended
party and offender in rape extinguishes the
Fine
criminal liability of the latter.
15 year Grave felony
Article 90. Prescription of Crime. – Crimes
punishable by death, reclusion perpetua or punishable by afflictive
reclusion temporal shall prescribe in twenty penalty
years. Fine not exceeding
Crimes punishable by other afflictive P6000
penalties shall prescribe in fifteen years. 10 years Less grave felony
Those punishable by a correctional penalty punishable by
shall prescribe in ten years; with the
correccional penalty
exception of those punishable by arresto
mayor, which shall prescribe in five years. Fine not exceeding P
The crime of libel or other similar offenses 6000 but exceeding
shall prescribe in one year. P200
The crime of oral defamation and slander by 2 months Light felony
deed shall prescribe in two months. Fine not exceeding
When the penalty fixed by law is a P200
compound one, the of highest penalty shall
be made the basis of the application of the Question: Is NOVATION a means of extinguishing
rules contained in the first, second and criminal liability?
third paragraphs of this article. (As
amended by Republic Act No. 4661, No. It is not among the modes of extinguishing
approved June 19, 1966.) criminal liability under the RPC.
It may prevent the rise of criminal liability as long
as it occurs prior to the filing of the criminal
 PRESCRIPTION OF CRIME information in court. (Diongzon vs. Court of
Appeals, December 1999)
-- an act of grace whereby the state, after the
lapse of a certain period of time, surrenders its CASE: Isabelita Reodica vs. CA, July 8, 1998)
sovereign power to prosecute the criminal act; it
is a loss of waiver by the State of its right to Facts: On Octber 17, 1987, IR recklessly hit the
prosecute an act prohibited and punished by law; van owned by Bonsol. On October 20, 1987,
Bonsol filed an affidavit complaint with the
-- Note: The extinction of criminal liability by fiscal’s office. On January 13, 1988, an
prescription does not carry with it the extinction information was filed by the fiscal with the RTC
 CRIM1 (Atty. RR B-MAMBURAM notes) 56

for reckless imprudence resulting to damage to of a public document shall have to be reckoned
property with slight physical injuries against IR. from the time the notarized deed was recorded in
On January 31, 1991, the RTC rendered a decision the Registry of Deeds.
convicting IR. IR avers that the courts below
should have pronounced that there were two ii. Actual discovery
separate light felonies involved, namely: (1)
reckless imprudence with slight physical injuries; CASE: Sermonia vs. Court of Appeals (GR No.
and (2) reckless imprudence with damage to 109454, June 14, 1994): Facts: Accused
property, instead of considering them a complex contracted bigamous marriage, which was duly
crime. IR insists that the offense of slight physical registered in the Office of the Civil Registrar in
injuries through reckless imprudence, being 1975. His first wife discovered the crime in 1991.
punishable only by arresto menor, is a light Information was filed in 1992. Bigamy is
offense; as such it prescribes in two months. punishable by prision mayor, which prescribes in
Here, since the information was filed only on 13 15 years (Afflictive penalty). Held: Constructive
January 1988, or almost three months from the notice rule is not applicable to registration of
date the vehicular collision occurred, the offense bigamous marriage in the Office of the Civil
had already prescribed. Registrar; hence the period of prescription
commences to run on the date of actual
Held: Pursuant to Article 90 of the Revised Penal discovery of the bigamous marriage.
Code, reckless imprudence resulting in slight
physical injuries, being a light felony, prescribes C. Other dates of commencement
in two months. On the other hand, reckless
imprudence resulting in damage to property in 1. Continuing Crime – the term of prescription
the amount of P8,542.00, being a less grave commences to run from the date the crime ended
felony whose penalty is arresto mayor in its or from the latest act;
minimum and medium periods, prescribes in five
years. 2. Actionable Offense – False Testimony
Thus, the prescriptive period for the quasi
offense in question was interrupted by the filing CASE: Pp vs. Maneja (GR No. 47684, June 10,
of the complaint with the fiscal’s office three days 1941) Held: The period of prescription for false
after the vehicular mishaps and remained tolled testimony commences to run from the date of the
pending the termination of this case. We cannot, finality of judgment of a case in which the
therefore, uphold petitioner’s defense of offender testified falsely.
prescription of the offenses charged in the  OFFENSE PUNISHED BY SPECIAL
information on this case. LAWS

Article 91. Computation of prescription of -Prescription of offenses is governed by

offenses. – The period of prescription shall ACT No. 3326, as amended
commence to run from the day on which the
crime is discovered by the offended party, -For violation of ordinance and offenses
the authorities, or their agents, and shall be punished by special laws
interrupted by the filing of the complaint or
information, and shall commence to run Violation of 2 months
again when such proceedings terminate Ordinance
without the accused being convicted or Offenses – Fine 1 year
acquitted, or are unjustifiably stopped for Offenses –
any reason not imputable to him.
Imprisonment
The term of prescription shall not run when
Not more than 1 1 year
the offender is absent from the Philippine
Archipelago. month
More than 1 month 4 years
A. Date of commission of the crime – if it is known but less than 2 years
to the offended party, the authorities or their More than 2 years 8years
agents at the time of its commission. less than 6 years
More than 6 years 12 years
B. Date of Discovery – If crime is not known at the Others Offense 2 months
time of its commission. involving CPC
Tax related offense 5 years
i. Constructive discovery – See: NIRC
CASES:
-- Prescription shall begin to run from the day of
1. Cabral vs. Puno (GR No. L-41692, April 30, the commission of the violation of the law, and if
1976): In the crime of falsification of a public the same be not known at the time, the discovery
document, the prescriptive period commences thereof, and the institution of judicial proceedings
from the time the offended party had for its investigation and punishment (Sec. 2).
constructive notice of the alleged forgery after
the document was registered with the Registry of -- Interruption: When proceedings are instituted
Deeds. against the guilty person and shall begin to run
2. Pp vs. Reyes (GR No. 74266, July 27, 1989): again if the proceedings are dismissed for
Period of prescription of the crime of falsification reasons not constituting jeopardy.
 CRIM1 (Atty. RR B-MAMBURAM notes) 57

6000 but not less than

-- “Proceedings” – refer to judicial proceedings P200
CASE: Zaldivia vs. Reyes, Jr. (GR No. 102342, July Light penalty: Fine less 1 year
3, 1992) Held: The prescription period for than P200
violation of municipal ordinance commenced from
its alleged commission, and will end by the filing Article 93. Computation of the prescription
of the complaint thereafter. It is not interrupted of penalties. – The period of prescription of
by the filing of the complaint with the office of the penalties shall commence to run from the
prosecutor, as this is not a judicial proceeding. date when the culprit should evade the
The judicial proceeding that would interrupt the service of his sentence, and it shall be
period is the filing of the information with the interrupted if the defendant should give
court. himself up, be captured, should go to some
foreign country with which this Government
Article 92. When and how penalties prescribe. – has no extradition treaty, or should commit
The penalties imposed by final sentence another crime before the expiration of the
prescribe as follows: period of prescription.
1. Death and reclusion perpetua, in twenty years; A. Commencement – run from the date when the
2. Other afflictive penalties, in fifteen years; culprit should evade the service of his sentence.
3. Correctional penalties, in ten years; with the
exception of the penalty of arresto mayor, which - “Sentence” – final sentence
prescribes in five years;
4. Light penalties , in one year. - Escape – culprit must have been committed to
prison
 PRESCRIPTION OF PENALTY
- the loss or forfeiture of the right of the B. Interruption – if the defendant:
government to execute the final sentence after 1. should give himself up;
the lapse of a certain time. 2. be captured;
3. should go to some foreign country with which
Imprisonment penalties: the Gov’t has no extradition treaty; or
4. should commit another crime before the
Penalty Prescription of Prescription of expiration of the period of prescription.
crime penalty
Death 20 years 20 years C. Insanity of Imbecility (see Art. 79) If at any
Reclusion 20 years 20 years time the convict shall recover his reason, his
perpetua sentence shall be executed, unless the penalty
Reclusion 20 years 15 years shall have prescribed in accordance with the
temporal provisions of the Code.
Prision Mayor 15 years 15 years
Prision 10 years 10 years CASES:
Correccional
1. Jovendo del Castillo vs. Rosario Torrecampo, et.
Arresto Mayor 5 years 5 years
al. (December 18, 2002)
Arresto Menor 2 months 2 months
Facts: Petitioner was charged on March 8, 1983
Non imprisonment penalties: with violation of Section 178 (nn) of the 1987
Election Code. On January 14, 1985, the trial
Penalty Prescription of Prescription of court rendered judgment and declared petitioner
Crime penalty guilty. Aggrieved, petitioner appealed his
Afflictive 15 years 15 years conviction to the Court of Appeals which
penalty: eventually affirmed the decision of the trial court
Perpetual or in toto. Said decision became final and executor.
temporary During the execution of judgment, petitioner
failed to appear which prompted the presiding
absolute
judge to issue an order of arrest of petitioner and
disqualification the confiscation of his bond. However, petitioner
Correctional 10 years 10 years was never apprehended. He remained at large.
penalty: Ten years later, on October 24, 1997, petitioner
Suspension filed before the trial court a motion to quash the
Destierro warrant issued for his arrest on the ground of
Light Penalty: 2 months 1 year prescription of the penalty imposed upon him.
Public Censure However, it was denied. His motion for
reconsideration thereof was likewise denied.
Fine:
Held: Article 93 of the RPC provides when the
Penalty Prescription of penalty prescription of penalties shall commence to run.
Afflictive penalty Fine 15 years Under said provision, it shall commence to run
from the date the felon evades the service of his
exceeding P 6000
sentence. Pursuant to Article 157 of the same
Correctional penalty: 10 years
Code, evasion of service of sentence can be
Fine not exceeding P committed only by those who have been
 CRIM1 (Atty. RR B-MAMBURAM notes) 58

convicted by final judgment by escaping during 1. Parole;

the term of his sentence. 2. probation.

As correctly pointed out by the Solicitor General, Article 95. Obligation incurred by person
“escape” in legal parlance and for purposes of granted conditional pardon. – Any person
Articles 93 and 157 of the RPC means unlawful who has been granted conditional pardon
departure of prisoner from the limits of his shall incur the obligation of complying
custody. Clearly, one who has not been strictly with the conditions imposed therein;
committed to prison cannot be said to have otherwise, his non-compliance with any of
escaped therefrom. the conditions specified shall result in the
revocation of the pardon and the provisions
In the instant case, petitioner was never brought of article 159 shall be applied to him.
to prison. In fact, even before the execution of
the judgment for his conviction, he was already in  Conditional Pardon – A contract between
hiding. the Chief Executive, who grants the
pardon, and the convict, who accepts it.
2. Benjamin Pangan vs. Hon. Lourdes Gatbalite Since it is a contract, the pardoned convict
(January 21, 2007) is bound to fulfill its conditions and accept
all its consequences, not as he chooses,
Facts: The petitioner was indicted for simple but according t its strict terms. (Pp. v.
seduction. On September 16, 1987, the petitioner Pontillas, 65 Phil 659)
was convicted of the offense charged and was
sentenced to serve a penalty of two months and A. Conditions
one day of arresto mayor. The court of origin
issued an order directing the recording of the - Grant of pardon and the determination of the
decision in the criminal; docket of the court and terms and conditions thereof are purely executive
an order of arrest against the petitioner. Pursuant acts which are not subject to judicial scrutiny.
to the order of arrest, on January 20, 2000, the
petitioner was apprehended and detained at the - Duration: limited to the period of the prisoner’s
Mabalacat detention cell. On January 20, 2000, sentence unless an intention to extend it beyond
petitioner filed a petition for a Writ of Habeas that time was manifest from the nature of the
Corpus at the Regional Trial Court of Angeles City condition or the language in which it was imposed
contending that his arrest was illegal and (Infante v. Prov. Warden, 92 Phil 310)
confinement unlawful.
Held: In this case, the essential element of - Usual condition imposed: “he shall not again
prescription which is the evasion of the service of violate any of the penal laws of the Philippines.”
sentence is absent. Admittedly, the petitioner
herein has not served the penalty imposed on B. Breach of conditions:
him in prison and that during the service of the
sentence, he escaped therefrom. Notably, at the 1. Criminal prosecution under Article 159 of the
trial of Crim. Case No. 85-816 in the Municipal RPC;
Trial Court, Branch III, Angeles City and on the
date set for the promulgation of the affirmed - Determination of whether accused violated the
decision, the petitioner failed to appear and condition attached to the pardon is judicial in
remained at large. character
“There was no evasion of the service of
the sentence in this case, because such evasion 2. Revocation of the pardon (under Sec. 64 (i) of
presupposes escaping during the service of the the Revised Administrative Code – Pres. Is
sentence consisting in deprivation of liberty.” authorized to order arrest and re-incarceration of
(Infante vs. Warden, 48 O.G. No. 122) (92 Phil. the conditions of his pardon, parole or suspension
310). of sentence.)

 In prescription of crimes, it is the penalty - Determination of whether the accused violated

prescribed by law that should be the condition is executive in character.
considered, in prescription of penalties,
it is the penalty imposed that should be  Violation of Article 159 of the RPC –
considered. - 2 penalties provided:
CHAPTER TWO 1. Prision correccional in its minimum period – If
Partial Extinction of Criminal Liability the penalty remitted does not exceed 6 years:
Article 94. Partial Extinction of Criminal
Liability. – Criminal Liability is Extinguished 2. The unexpired portion of his original sentence –
partially: If the penalty remitted is higher than 6 years.

1. By conditional pardon; CASE: Torres v. Gonzales (152 SCRA 272)

2. By commutation of the sentence; and
2. By good conduct allowances which the Held: A convict granted conditional pardon, like
culprit may earn while he is serving his the petitioner herein who is recommitted, must of
sentence. course be convicted by final judgment of a court
of the subsequent crimes with which he was
Other causes: charged before the criminal penalty for such
subsequent offense(s) can be imposed upon him.
 CRIM1 (Atty. RR B-MAMBURAM notes) 59

sentence, especially of
 Section 64 (i) of the Revised a sentence of death
Administrative Code: “To grant to Object is the Appears to apply only
convicted prisoners reprieves or pardons, rehabilitation of the to capital sentences
either plenary or partial, conditional, or criminal offender
unconditional, to suspend sentences
Artice 97. Allowance for good conduct. – The
without pardon, fines and order the
good conduct of any prisoner in any penal
discharge of any convicted person upon
institution shall entitle him to the following
parole, subject to such conditions as he
deductions from the period of his sentence:
may impose, and to authorize the arrest
and reincarceration of any such person
1. during the first two years of his
who, in his judgment, shall fail to comply
imprisonment, he shall be allowed a
with the condition, conditions, of his
deduction of five days for each month of
pardon, parole or suspension of sentence.”
good behavior
2. during the third to the fifth year,
CASE: Tesoro v. Director of Prisons (May 23, 1939)
inclusive, of his imprisonment, he shall be
allowed a deduction of eight days for each
Facts: Appellant was convicted for the crime of
month of good behavior;
falsification of a public document. In 1935, he
3. during the following years until the tenth
was granted parole but subject to certain
year, inclusive, of his imprisonment, he
conditions, among which, ‘That he will not
shall be allowed a deduction of ten days for
commit any other crime and will conduct himself
each month of good behavior; and
in an orderly manner. In 1937, he was charged
4. during the eleventh and successive years
with adultery. In 1938, a complaint was lodged
of his imprisonment, he shall be allowed to
with the Board of Indeterminate Sentence. His
a deduction of fifteen days for each month
parole was later revoked. Appellant contended
of good behavior.
that judicial pronouncement to the effect that he
has committed a crime in necessary before he
GOOD CONDUCT ALLOWANCE
can be properly adjudged as having violated his
Period Deduction each
conditional parole.
month of good
Held: It was, therefore, the mere commission, not behavior
his conviction by court, of any other crime, that 1st 2 years 5 days
was necessary in order that the petitioner may be 3rd to 5th year 8 days
deemed to have violated his parole. And under Following years until 10 days
section 64 (i) of the Administrative Code, the the 10th year
Chief Executive is authorized to order “the arrest 11th and successive 15 days
and re-incarceration of any such person who is years
his judgment, shall fail to comply with the
condition, or conditions, of his pardon, parole or Article 98. Special time Allowance for
suspension of sentence.” loyalty. – A deduction of one-fifth of the
period of his sentence shall be granted to
Note: The grant of pardon, the determination of any prisoner who, having evaded the
the terms and conditions of the pardon, the service of his sentence under the
determination of the occurrence of the breach circumstances mentioned in Article 158 of
thereof, and the proper sanctions for such breach this code, gives himself up to the
are purely executive acts and thus, are of subject authorities within 48 hours following the
to judicial scrutiny. issuance of a proclamation announcing the
passing away of the calamity or catastrophe
Article 96. Effect of commutation of to in said article.
sentence. – The commutation of the original
sentence for another of a different length Article 99. Who grants time allowances. –
and nature shall have the legal effect of Whenever lawfully justified, the Director of
substituting the latter in the place of the Prisons shall grant allowances once granted
former. shall not be revoked.

Pardon Commutation  PAROLE

To be effective, must be Need not be accepted -Release of prisoner on parole is governed by the
accepted by the convict to be Indeterminate Sentence Law
operative
Avoids or terminates Remission of a part of -Minimum of the sentence – period when the
punishment for crime the punishment, a convict’s eligibility for parole may be considered.
substitution of a less
-The need for specifying the minimum and
penalty for the one
maximum periods of the indeterminate sentence
originally imposed is to prevent the unnecessary and excessive
deprivation of liberty and to enhance the
economic usefulness of the accused, since he
Commutation Reprieve may be exempted from serving the entire
Reduction of the Temporary suspension sentence, depending upon his behavior and his
penalty imposed of the execution of a physical, mental and moral record.
 CRIM1 (Atty. RR B-MAMBURAM notes) 60

b. to report periodically to the officer at least

-Sec. 3 of RA 9346 – persons convicted of once a month or sooner as the latter may deem.
offenses punished with reclusion perpetua, or
whose sentences will be reduced to reclusion
perpetua, by reason of this Act, shall not be o Probationable penalty: maximum period of
eligible for parole. the penalty imposed must not exceed 6
years (equivalent to prision correccional)
-CASE: see Tesoro v. Director of Prisons (68 Phil imprisonment.
154)
o Grounds for denial of application:
Pardon distinguished from Parole:
Pardon Parole 1. The offender is in need of correctional
Remission of the Conditional release of a treatment that can be provided must
penalty imposed upon prisoner with an effectively by his commitment to an
a defendant together unexpired sentence or institutional;
with all the accessories suspension of the 2. There is an undue risk that during the
period of probation the offender will
appurtenant thereof sentence, without
commit another crime;
remitting the penalty 3. Probation will depreciate the
imposed upon him. seriousness of the offense committed.
Offender eligible after Offender eligible for
conviction by final parole after serving the
judgment minimum of the o DISQUALIFICATIONS
indeterminate sentence
Offender who was Pres. Can pardon 1. Those sentenced to serve a maximum term of
sentenced to suffer life regardless of the imprisonment of more than 6 years;
imprisonment, gravity of the penalty
2. Those convicted of subversion of any crime
reclusion perpetua or and nature of the crime against the national security or the public order;
death penalty, or
convicted of political 3. Those who have previously been convicted by
crime or piracy, is not final judgment of an offense punished by
qualified for parole imprisonment of an offense punished by
Pardoning power is Authority to grant imprisonment of not less than one month and one
constitutional parole is statutory day (1 month and 1 day or more) and/or fine of
not less than P200 (P200 or more);
 PROBATION
4. Those who have been once on probation under
the provisions of the Decree;
-is a disposition under which a defendant after
conviction and sentence is released subject to
5. Those who are already serving sentence at the
conditions imposed by the court and to the
time the substantive provisions of the Decree
supervision of a probation officer.
became applicable;
-The filing of the application for probation shall be
6. Those entitled to the benefits under the
deemed a waiver of the right to appeal.
provisions of PD No. 603 and similar laws (Sec. 1);
-No application for probation shall be entertained
or granted if the defendant has perfected an 7. Those who have perfected an appeal (because
appeal from the judgment of conviction. appeal and probation are mutually exclusive
remedies);
-An order granting or denying probation shall not
be appealable. 8. Drug related crimes – Sec 24 of RA No. 9165 –
those convicted for drug trafficking or punishing,
POST SENTENCE INVESTIGATION REPORT regardless of the penalty imposed.

-Post sentence investigation of said report and o Period to file application: within the
the resolution of the petition, the defendant may period for perfecting an appeal;
be allowed on temporary liberty under his bail o Legal effect of probation: to suspend the
filed in the criminal case; provided that in case execution of sentence;
where no bail was filed or that the defendant is o The court, upon application of either the
incapable of filing one, the court may allow the probationer of the probation officer,
release of the defendant on recognizance to the revise or modify the conditions or period
community who shall guarantee his appearance of probation;
whenever required by the court. o Serious violations of the condition of
probation – court nay issue a warrant for
o Mandatory conditions: the arrest of a probationer;
o Summary hearing for the violation;
a. to report to the designated probation officer o Termination of probation is not automatic
within 72 hours after receipt of the order; and upon completion of the period – Final
discharge of the offender upon finding
that he ahs fulfilled the terms and
 CRIM1 (Atty. RR B-MAMBURAM notes) 61

conditions of his probation and suspension of execution of sentence; CICL

thereupon, the case is deemed may file application for probation even
terminated; beyond the period of perfecting an appeal
and even if the child has perfected the
-effect: restoration of all civil rights lost or appeal from the judgment of conviction or
suspended as a result of his conviction is already serving his sentence (provided
and to fully discharge his liability for any sentence is not more than 6 years
fine imposed. imprisonment).

o Duration of probation: o Sec.70 of RA 9165: A first-time minor

offender may be placed under probation,
Imprisonment of: Probation even if the sentence provided is higher
Not more than 1
Not exceeding 2 than that provided under existing law on
year years probation, or impose community service in
1 year to 6 years Not exceeding 6 lieu of imprisonment.
years
o The conditions listed under Sec. 10 of the
Fine with subsidiary Not more than
Probation Law are not exclusive.
imprisonment twice the period
computed; As CASE: Soriano v. CA (GR No. 123936,
computed under March 4m 1999). The court may require
Art. 39. the offender as a condition of probation to
o Probation and Parole distinguished: submit program of payment of his civil
Probation Parole liability to the heirs of the deceased
victim.

Sentence not more Sentence must be more TITLE FIVE

Civil Liability
than 6 years than 1 year
CHAPTER ONE
Persons Civilly Liable for Felonies
Penalty: imprisonment Penalty: Imprisonment
Article 100. Civil liability of a person
or fine only guilty of felony. – Every person
criminally liable for a felony is also
civilly liable.
Sentence is suspended Imprisonment only
- Obligation may arise from a crime. (Art.
1157 of the Civil Code)
Violation of condition – Violation of condition –
entire sentence shall be unexpired portion shall -Effects of Acquittal: (Manantan v. CA, 350
served be served SCRA 387)

Appeal forecloses right Appeal has no effect on 1. Acquittal on the ground that the
thereto operation accused is not the author of the act or
omission complained of – no civil liability;
Can be availed only Can be availed every
2. Acquitted based on reasonable doubt on
once time as long as
the guilt of the accused – offender is not
offender is not exempt from civil liability, which liability
disqualified may be proved by preponderance of
evidence
Grant of privilege; must Mandatory: application
be applied for is not necessary CASE: Salazar v. People (411 SCRA 598)

Held: The acquitted of the accused does

not prevent a judgment against him on
Filing of the application for probation operations the civil aspect of the case where:
as a waiver of the right to appeal.
a. the acquitted is based on reasonable
Offender may still appeal his civil liability despite doubt as only preponderance of evidence
te filing of the application for probation. is required;

CASE: Francisco v. CA (GR No. 108747, April 6, b. where the court declared that the
1995): Held: While the proposition that an appeal liability of the accused is only civil;
should not bar the accused from applying for
probation if the appeal is solely to reduce the c. where the civil liability of the accused
penalty to within the probationable limit may be does not arise from or is not based upon
equitable, this interpretation is not acceptable the crime of which the accused was
under existing law and jurisprudence. acquitted.

o Sec. 42 of RA 9344: CICL must apply for  Is the accused entitled to the payment of
probation to avail the benefit of damages in case of acquittal? No.
 CRIM1 (Atty. RR B-MAMBURAM notes) 62

Exception: SEE Section 50 RA 9372 by one over nine but under fifteen years of
age, who has acted without discernment,
SEC. 50. Damages for Unproven Charge of shall devolve upon those having such
Terrorism. – Upon acquittal, any person who is person under their legal authority or
accused of terrorism shall be entitled to the control, unless it appears that there was no
payment of damages in the amount of Five fault or negligence on their part.
hundred thousand pesos (P500,000.00) for every Should there be no person having such
day that he or she has been detained or insane, imbecile or minor under his
deprived of liberty or arrested without a warrant authority, legal guardianship, or control or
as a result of such an accusation. The amount of id such person be insolvent, said insane,
damages shall be automatically charged against imbecile, or minor shall respond with their
the appropriations of the police agency or the own property, excepting properly exempt
Anti-Terrorism Council that brought or sanctioned from execution, in accordance with the civil
the filing of the charges against the accused. The law.
award of damages mentioned above shall be
without prejudice to the right of the acquitted Second. In cases falling within subdivision 4
accused to file criminal or administrative charges of article 11, the persons for whose benefit
him with the case of terrorism. the harm has been prevented shall be civilly
liable in proportion to the benefit which
DISTINGUISH: they may have received.
The courts shall determine, in sound
Criminal liability Civil liability discretion, the proportionate amount for
Guilt of the accused Preponderance of which each one shall be liable.
must be proven beyond evidence is required in When the respective shares cannot be
reasonable doubt a civil action equitably determined, even approximately,
Affects the social order Affects private rights or when the liability also attaches to the
Government, or to the majority of the
For the punishment or For reparation of
inhabitants of the town, and, in all events,
correction of the damages suffered by whenever the damage has been caused with
offender the aggrieved party the consent of the authorities or their
Cannot be the subject There may be a agents, indemnification shall be made in the
of a compromise compromise upon the manner prescribed by special laws or
civil action arising from regulations.
a crime
Modes of extinction are Modes of extinction of Third. In cases falling within subdivisions 5
governed by Art. 89 civil liability arising and 6 of article 12, the persons using
violence or causing the fears shall be
from crime are primarily liable and secondarily, or, if there
governed by Art. 112 in be no such persons, those doing the act
relation to Civil Code shall be liable, saving always to the latter
provisions that part of their property exempt from
execution.
 See. Rule 111 of the Revised rules of Crim.
Pro: A. Exempted Actor – insane, imbecile and minor –
civil liability to the person who has legal authority
Gen. Rule: when a criminal action is instituted, or control over.
the civil action for the recovery of civil liability
arising from the offense charged shall be deemed - Minority (1st rule of Art. 101 is modified to read:
instituted with the criminal action “In cases of subdivision 1 of Article 12 and
Section 6 of RA No. 9344, the civil liability for acts
UNLESS: committed by an imbecile or insane person, and
by a person fifteen years of age or under at the
a. the offended party waives the civil action; time of the commission of the offense or by one
b. the offended party reserves the right to above 15 years but below 18 years of age, who
institute it separately; has acted without discernment, shall devolve
c. the civil action was instituted prior to the upon those having such person under their legal
criminal action. authority or control, unless it appears that there
was no fault or negligence on their part.”)
Article 101. Rules regarding civil liability in
certain cases. – The exemption from Child exempted from Person who has legal
criminal liability established in subdivisions criminal liability authority or control
1, 2, 3, 5 and 6 of article 12 and in over him is principally
subdivision 4 of article 11 of this Code does liable pursuant to Art.
not include exemption from civil liability,
101
which shall be enforced subject to the
Child not exempted Parents are liable
following rules:
from criminal liability pursuant to Art. 2180
First. In cases of subdivisions 1, 2 and 3 of of the Civil Code
article 12, the civil liability for acts
committed by an imbecile or insane person, B. Justified Act – G. R. A non-felonious act could
and by a person under nine years of age, or not be a source of civil obligation.
 CRIM1 (Atty. RR B-MAMBURAM notes) 63

Exception: When a person committed an act t d. The gust have followed the directions given by
avoid a greater evil under Art. 11 (4), the persons the inn keeper or his representative with repect
who benefited from the act shall be civilly liable. to the care of and vigilance over such goods;

Article 102. Subsidiary civil liability of e. Offender is insolvent.

innkeepers, tavern keepers and proprietors
of establishments. – In default of the 3. Employer’s subsidiary responsibility
persons criminally liable, inn keepers,
tavern keepers, and any other persons or Requisites:
corporations shall be civilly liable for crimes
committed in their establishments, in all a. They are engaged in any kind of industry;
cases where a violation of municipal
ordinances or some general or special b. They are the employers of the convicted
police regulation shall have been committed employees;
by them or their employees.
Inn keepers are also subsidiarily liable for c. Their servants, pupils, workmen, apprentices or
the restitution of goods taken by robbery or employees committed the crime in the discharge
theft within their houses from guests of their duties;
lodging therein, or for the payment of the
value thereof, provided that such guests d. Offender is insolvent.
shall have notified in advance the inn
keeper himself, or the person representing --Industry is one where capital and labor are
him, of the deposit of such goods within the habitually employed for purpose of gain.
inn; and shall furthermore have followed
the directions which such inn keeper of his CASES:
representative may be given them with
respect to the care of and vigilance over 1. Pangonorom v. Pp. (GR No. 143380, April 11,
such goods. No liability shall attach in case 2005)
of robbery with violence against or Held: The provisions of the RPC (under Arts. 102
intimidation of persons unless committed and 103) are deemed written into the judgments
by the inn keeper’s employees. in cases to which they are applicable. Thus, in the
dispositive portion of its decision, the trial court
Article 103. Subsidiary civil liability of other need not expressly pronounce the subsidiary
persons. – The subsidiary liability liability of the employer. Xxx only after proof of
established in the next preceding article the accused-employee’s insolvency may the
shall also apply to employers, teachers, subsidiary liability of this employer be enforced.
persons and corporations engaged in any
kind of industry servants, pupils, workmen, 2. Yonaha v. CA (March 1996):
apprentices, or employees in the discharge Facts: Elmer Ouano was charged with Reckless
of their duties. Imprudence resulting to Homicide. He was
convicted after he entered a plea of guilt. A writ
 SUBSIDIARY LIABILITY of execution was issued by the court but was
returned as the accused manifested his inability
1. Inn keeper’s subsidiary liability to pay the civil liability. A motion for subsidiary
execution was filed against petitioner. Petitioner
Requisites: filed a motion to stay and to recall the subsidiary
writ of execution principally anchored on the lack
a. A crime was committed in their establishment; of prior notice to her and on the fact that the
employer’s liability had yet to be established. The
b. They or their employee committed a violation court denied his motion.
of municipal ordinances or some general or
special police regulation; Issue: Is the employer subsidiarily liable?

c. Offender is insolvent. Held: But execution against the employer must

not issue as just a matter of course. It behooves
2. Inn keeper liability in case of theft or robbery the court, as a measure of due process to the
employer, to determine and resolve a priori, in a
Requisites: hearing set for the purpose, the legal applicability
and propriety of the employer’s liability. The
a. Robbery with force upon things of theft was requirement is mandatory even when it appears,
committed by any person or robbery with prima facie that execution against the employee
violence or intimidation as committed by inn cannot be satisfied.
keeper’s employee against its guest;
3. Phil. Rabbit Lines v. heirs of Mangawang et. al.
b. The crime was committed within inn keeper’s (May 16, 2005):
house in which guest was lodging;
Facts: Ernesto Ancheta, an employee of Phil.
c. The guest notified in advance the inn keeper or Rabbit was charged with Reckless Imprudence
his representative of the deposit of such goods resulting in homicide. Ancheta was convicted. He
within the inn; appealed the judgment but his appeal was
dismissed when he failed to file his brief. The
 CRIM1 (Atty. RR B-MAMBURAM notes) 64

judgment became final. Phil. Rabbit filed a notice 100, 101, 102, and 103 of this Code
of appeal but the court denied it on the ground includes:
that the judgment had long become final and
executor. Phil. Rabbit contended that it could not 1. Restitution;
have filed the notice earlier as it was not served a 2. Reparation of the damage caused;
copy of the judgment. The court eventually 3. Indemnification for consequential
granted his motion. damages.

Issues: A. Should the appeal of Phil. Rabbit be Article 105. Restitution. – How made. – The
entertained? restitution of the thing itself must be made
whenever possible, with allowance for any
Held: No. The petitioner, as the employer of the deterioration, or diminution of value as
said accused, had no right to appeal from the determined by the court.
said decision because, in the first place, it was The thing itself shall be restored, even
not a party in the said case. The spouses Vallejera though it be found in the possession of a
filed a complaint for damages against the third person who has acquired it by lawful
petitioners as employers of the deceased driver, means, saving to the latter his action
basically alleging that as such employers, they against the proper person, who may be
failed to exercise due diligence in the selection liable to him.
and supervision of their employees. The This provision is not applicable in cases in
petitioners as defendants denied liability for the which the thing has been acquired by the
death of the Vallejeras’ 7-year old son, claiming third person in the manner and under the
that they had exercised the required due requirements which, by law, bar an action
diligence in the selection and supervision of their for its recovery.
employee, including the deceased driver.  RESTITUTION – return to the owner the
Petitioner moved to dismiss the complaint as it is property stolen, malversed,
basically a claim for subsidiary liability under misappropriated, etc.
Article 103 of the RPC. They contended that there
must first a judgment of conviction against the - Of the very money stole;
driver for them to be held liable.
- With allowance for deterioration or diminution of
Held: An examination of the complaint reveals value as determined by the court;
that it is one for claim of civil liability under
Article 2180 of the Civil Code. Xxx Corollarily, an -Even though the thing is found in the possession
act or omission causing damage to another may of a 3rd person who has acquired iit by lawful
give rise to two separate civil liabilities on the means.
part of the offender:
- No recovery:
1. Civil liability ex delicto; and
2. Independent civil liabilities, such as those: a. Where the property was purchased in good
(a) Not arising from an act or omission faith at the public sale – Art. 559 of the Civil
complained of as felony (e.g., culpa contractual Code;
or obligations arising from law, the intentional
torts; and culpa aquiliana) or b. Where a land covered by Torrens title was
(b) Where the injured party is granted a purchased in good faith (PD 1529);
right to file an action independent and distinct
from the criminal action. c. Property purchased in store, fairs or markets –
Art. 1502 of the Civil Code.
Either of these two possible liabilities may be
enforced against the offender. Article 106. Reparation. – How made. – The
court shall determine the amount of
 Remedies of victims of negligence or damage, taking into consideration the price
their heirs: of the thing, whenever possible, and its
special sentimental value to the injured
1. File an action to enforce the civil liability arising party and reparation shall be made
from culpa criminal under Article 100 of the accordingly.
Revised Penal Code – the plaintiff can hold the
employer subsidiarily liable only upon proof of  REPARATION – in case of inability to return
prior conviction of its employees; the property, to repair the damages
caused, e.g. culprit must pay the value of
2. File an action for quasi-delict (culpa aquiliana) the property stolen.
under Article 2176 to 2194 of the Civil Code – the
plaintiff may hold the employer liable for the -- Amount of damage – Price of the thing +
negligent act of its employee, subject to the sentimental value.
employer’s defense of exercise of the diligence of
a good father of the family. Article 107. Indemnification – What is
included. – Indemnification shall include not
CHAPTER TWO only those caused the injured party, but
What Civil Liability Includes also those suffered buy his family or by a
Article 104. What is included in civil liability. third person by reason of the crime.
– The civil liability established in articles
 CRIM1 (Atty. RR B-MAMBURAM notes) 65

 INDEMNIFICATION – generally awarded

in crimes against person and honor. Article 110. Several and subsidiary liability
(Restitution and reparation generally are of principals, accomplices and accessories
awarded in crimes against property.) of a felony – Preference in payment. --
a. Civil indemnity ex delicto – awarded without Notwithstanding the provisions of the next
need of further proof than the fact of commission preceding article, the principals,
of the felony itself. accomplices, and accessories, each within
their respective class, shall be liable
-- Death of victim: award of P50, 000. severally (In solidum) among themselves for
their quotas, and subsidiary for those of the
-- Death which justify the imposition of death other persons liable.
penalty: award of P75,000 The subsidiary liability shall be enforced,
first against the property of the principals;
-- Rape: Award of P50,000 next, against that of the accomplices, and,
lastly, against that of the accessories.
-- Rape with homicide/qualified rape: 125,000 (Pp Whenever the liability in solidum or the
v. Felixminia, G.R. No. 125333, March 20, 2002) subsidiary liability has been enforced, the
person by whom payment has been made
b. Actual damages shall have a right of action against the
others for the amount of their respective
-- include funeral, burial and medical expenses; shares.

-- include loss of income A. Severally liable – the principals, accomplices

and accessories each within their respective
* How computed: Life expectancy (formula class, shall be liable severally among themselves
adopted in the American Combined for their quotas;
Experience table of Mortality) = 2/3 (80 –
age at death) B. Subsidiarily liable – the principals, accomplices
and accessories each within their respective
Rate of Loss = Life expectancy x Net earnings of class, shall be liable subsidiarily for quotas of the
the deceased other persons liable.

c. Moral damages – for physical sufferings, Article 111. Obligation to make restitution
mental anguish, fright, serious anxiety, in certain cases. – Any person who has
besmirched reputation, wounded feelings, moral participated gratuitously in the proceeds of
shock, social humiliation and similar injury a felony shall be bound to make restitution
in an amount equivalent to the extent of
 Damages recoverable if the victim died such participation.
(Heirs of Castro v. Bustos, February 28,
1969) CHAPTER THREE
Extinction and Survival of Civil Liability
1. Civil indemnity ex delicto; Article 112. Extinction of Civil Liability. – Civil
liability established in articles 100, 101, 102,
2. Indemnity for loss of earning capacity of and 103 of this Code shall be extinguished in
the deceased; the same manner as other obligations, in
accordance with the provisions of the Civil
3. Actual damages – must be proved Law.

4. Moral damages for mental anguish; Article 113. Obligation to satisfy civil
liability.—Except in case of extinction of his
5. Exemplary damages, when the crime is civil liability as provided in the next
attended by 1 or more aggravating preceding article, the offender shall continue
circumstances; to be obliged to satisfy the civil liability
resulting from the crime committed by him,
6. Attorney’s fees and expenses of notwithstanding the fact that he has served
litigation; his sentence consisting of deprivation of
liberty or other rights, or has not been
7. Interest in the proper cases. required to serve the same by reason of
amnesty, pardon, commutation of sentence
or any other reason.
Article 108. Obligation to make restoration,
reparation for damages, or indemnification ________________________________________________
for consequential damages and action to
demand the same – Upon whom it devolves. What is the EQUIPOISE
– The Obligation to make restoration or RULE/EQUIPONDERANCE OF EVIDENCE?
reparation for damages and indemnification
for consequential damages devolves upon -- Under this rule, where the evidence on an issue
the heirs of the person liable. of fact is in equipoise or there is doubt in which
The action to demand restoration, side the evidence preponderates, the party having
reparation, and indemnification likewise the burden of proof loses.
descents to the heirs of the person injured.
 CRIM1 (Atty. RR B-MAMBURAM notes) 66

-- The equipoise rule finds application if the Sandiganbayan, G.R. No. 81563, December 19,
inculpatory facts and circumstances one of which 1989)
is inconsistent with the innocence of the accused
and the other consistent with his guilt, for then the What is BATTERED WOMAN SYNDROME?
evidence does not fulfill the test of moral
certainty, and does not suffice to produce a It refers to a scientifically defined pattern of
conviction. psychological and behavioral symptoms found in
women living in battering relationships as a result
What is PROOF BEYOND REASONABLE DOUBT? of cumulative abuse.

Does not entail absolute certainty – what is

required only is that degree of proof which after an What is a “Dating relationship?”
examination of the entire records of the case,
produces in an unprejudiced mind moral certainty It refers to a situation wherein the parties live as
of the culpability of the accused. (Pp v. Delin, 533 husband and wife without the benefit of marriage
SCRA 366) or are romantically involved over rime and on a
continuing basis during the course of the
Meant to be that, all things given, the mind of the relationship. A casual acquaintance or ordinary
judge can rest at ease concerning its verdict. socialization between two individuals in a business
(Pilares, SR. v. People, 518 SCRA 143) or social context is not dating relationship.
UBT?
What is TWO-TIERED PENALTY?
What is the Arias Doctrine?
Occur when the law provides that a penalty to a
All heads of offices have to rely to a reasonable particular crime is in addition to the penalty
extent on their subordinates and on the good faith imposable for another crime which results from
of those prepare bids, purchase supplies, or enter the commission of such particular crime.
into negotiations.
Examples:
If a department secretary entertains important
visitors, the auditor is not ordinarily expected to
call the restaurant about the amount of the bill, Maltreatment of prisoners (Article 235 RPC);
question each guest whether he was present at Direct Bribery (Article 210 RPC);
the luncheon, inquire whether the correct amount Occupation of real property or Usurpation of real
of food was served and otherwise personally look rights in property (Article 312 RPC).
into the reimbursement voucher’s accuracy,
propriety, and sufficiency. There has to be some What is the CHAIN OF CUSTODY RULE?
added reason why he should examine each
voucher in such detail. Any executive head of even The chin of custody rule requires that testimony
small government agencies or commissions can be presented about every link in the chain, from
attest to the volume of papers that must be the moment the item was seized up to the time it
signed. There are hundreds of document, letters is offered in evidence. To this end, the prosecution
and supporting paper that routinely pass through must ensure that the substance presented in court
his hands. The number in bigger offices or is the same substance seized from the accused.
departments is even more appalling. (Arias v.