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CRIMINAL LAW BOOK ONE (1)1

CRIMINOLOGIST LICENSURE EXAMINATION REVIEW
2012

Criminal Law- that branch of public law which defines crimes treats of their nature and provides for
their punishment.

Crime is an act committed Felony is an act or Offense- those punishable Infraction- violation of
or omitted in violation of a omission punishable by the by Special laws. An illegal city or municipal
public law forbidding or Revised Penal Code act which does not amount ordinances.
commanding it to a crime as defined in the
Penal Code.

SOURCES OF CRIMINAL LAW

1. Act 3815 known as the Revised Penal Code

2. Special Penal Laws passed by Congress
3. Presidential Decrees issued by President Marcos
4. Codigo Penal De Espana (Spanish Penal Code)

COMMON LAW CRIMES- the body of principles, usages and rules of actions which do not result from
the express act of the legislature. There is no such crime in the Philippines.

Q: Who has the power to define and punish crimes?

A: The State

NULLUM CRIMEN NULLA POENA SINE LEGE- there is no crime if there is no law punishing it.

CHARACTERISTICS OF CRIMINAL LAW:

1. General- criminal law is binding on all persons who live or sojourn in the Philippines.
2. Territorial- criminal laws are applicable only if the crime is committed within Philippine territory.
3. Prospective- criminal law cannot make an act punishable in a manner in which it was not
punishable when committed. See Art 366. (The law looks forward and not backwards)

RA 8491 FLAG AND HERALDIC CODE

EXCEPTIONS TO THE GENERAL CHARACTERISTICS

1. As provided by treaty stipulations- RP-US VFA Agreements

2. As provided by laws of preferential applications- RA 75 grants protection to diplomatic
representatives, ambassador or other public ministers of foreign countries including their
domestic servants authorized and received by the President.
3. Persons who are exempt because of certain principles of international laws:

a. Sovereigns and other heads of states

b. Ambassadors, minister plenipotentiaries, minister residents and charges d’ affaires.

VISITING FORCES AGREEMENT.

Legends:


In the territorial waters the state is free to set its own laws.

In contiguous zones it can only create laws for the enforcement of pollution, taxation, customs
and immigration purposes.
 In the ECC- the state has the right and the sole right to exploit its natural resources.
 In the continental shelves- the state has the right to harvest minerals, non living creatures in its
subsoils etc.
Q: What comprise the Philippine Territory?
1
Makamasa Arnaldo Gapit
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ANSWER:

a. The Philippine archipelago with all the islands and waters embraced therein;
b. All other territories over which the Philippines has sovereignty or jurisdiction;
c. The terrestial, fluvial and aerial domain including the territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas thereof; and
d. The internal waters.

EXCEPTIONS TO THE TERRITORIAL CHARACTERISTICS

1. When the offender shall commit an offense on a Philippine ship or airship.

2. When the offender should forge or counterfeit any coin or currency note of the Philippines or
obligations and securities issued by the Philippine government.
3. When the offender should be liable for the acts connected with the introduction into the Philippines of
the obligations and securities mentioned in number two.
4. When the offender who is a public officer or employee abroad shall commit an offense in the exercise
of his functions.
5. When the offender should commit an offense against the national securities and the laws of nations.

EXCEPTION TO THE PROSPECTIVE CHARACTER

1. When the new law is favorable to the accused.

EXCEPTION TO THE EXCEPTION

1. When the offender is a habitual criminal.

2. When the new law expressly provides it has no application or retroactive effect to pending
actions/cases.

CONSTRUCTION OF PENAL LAWS:

1. Penal laws are strictly construed against the state and liberally in favor of the accused
2. If there is a conflict between the Spanish text and the English text, the Spanish text prevails.

EFFECTS OF REPEAL OF A PENAL LAW:

1. If the new law is favorable to the accused in the sense that the penalty becomes lighter, then the
new law shall be applied. Except when the accused is a _______ ________.
2. But if the new law imposes a heavier penalty, the old law shall be applied, that is the law in forced
at the time of the commission of the offense shall be applied.

ACT 3815 THE REVISED PENAL CODE

HISTORY OF THE RPC.

 The old Penal Code which took effect until December 31, 1931.

 Administrative Order 94 of the DOJ dated October 18, 1927

 Anacleto Diaz, Quintin Paredes, Guilermo Guevarra, Alex Reyes and Mariano De Joya

 RPC approved December 8, 1930

 RPC took effect January 1, 1932

THEORIES IN CRIMINAL LAW:

1. Classical (Juristic) Theory- the basis of criminal liability is human free will and the purpose of
penalty is retribution. Man is a moral creature with an absolute free will to choose between good
and evil.
2. Positivist (Realistic) Theory. Man is subdued occasionally by a strange and morbid
phenomenon which constrain him to do wrong. Crime is a social and natural phenomenon; it
cannot be treated therefore by the application of abstract principles of law or by the imposition of
punishment.

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 RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANY VESSEL WHILE WITHIN
PHILIPPINE WATERS:

1. English Rule- the crime is punishable in the Philippines, unless the crime merely affects things
within the vessel.
2. French Rule- the crime is not triable in the courts of that country, unless their commission unless
their commission has effects on the safety of the coastal state.

LIMITATIONS ON THE POWERS OF CONGRESS TO MAKE LAWS

1. No Ex Post Facto Law shall be enacted.- Ex Post Facto Law is a law that makes criminal an act
done before the passage of the law and which was innocent when done, and punishes such an
act; it may also be defined as a law which aggravates a crime, or makes it greater than it was,
when committed.

2. No Bill of Attainder shall be passed. – A bill of attainder is a law which inflicts punishment
without trial.

3. No person shall be deprived of life, liberty or property without due process of law- The law
must must be fair and reasonable and the accused must be given the opportunity to be heard and
be accorded the rights to which he is entitled.

4. Excessive fines shall not be imposed nor cruel or unusual punishment.

Article 1. Time when Act takes effect- JANUARY 1, 1932

Art. 2. Application of its provisions. — Except as provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against
those who:

1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations
and securities issued by the Government of the Philippine Islands;

3. Should be liable for acts connected with the introduction into these islands of the obligations
and securities mentioned in the presiding number;

4. While being public officers or employees, should commit an offense in the exercise of their
functions; or

5. Should commit any of the crimes against national security and the law of nations, defined in
Title One of Book Two of this Code.

Art. 3. Definitions. — Acts and omissions punishable by law are felonies (delitos).

Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).

There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act
results from imprudence, negligence, lack of foresight, or lack of skill.

ELEMENTS OF FELONIES IN GENERAL:

1. An act or omission
2. Act or omission punishable by the RPC
3. Act is performed or omission is incurred by means of dolo or culpa.

Act- is any bodily movement tending to produce some effects in the external world.

Omission- inaction, the failure to perform an act one is bound to do.

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DEVELOPMENT/GENESIS OF A CRIME:

1. INTERNAL ACT
2. EXTERNAL ACT
a. Preparatory acts
b. Acts of execution
1. attempted
2. frustrated
3. consummated
IMPRUDENCE VS. NEGLIGENCE

1. Imprudence involves lack of skill. Negligence involves lack of foresight

2. Imprudence involves a deficiency of action. Negligence indicates a deficiency of perception.
3. Failure to make precaution is imprudence. Failure to use diligence is negligence.

REQUISITES OF DOLO OR MALICE (INTENTIONAL FELONIES)

1. Freedom of action
2. Intelligence
3. Intent

REQUISITES OF FAULT OR CULPA (CULPABLE FELONIES)

1. Freedom of action
2. Intelligence
3. Imprudent, negligent, or lack of foresight or lack of skill

Ignorantia legis non excusat-

Ignorantia facti excusat-

Mistake of fact- is a misapprehension of fact on the part of the person who caused injury to another.
He is not liable for absence of criminal intent.

REQUISITES OF MISTAKE OF FACT:

1. The act would have been lawful had the facts been as the accused believed them to be.
2. The intention of the accused in performing the act should be lawful.
3. That the mistake must be without fault or carelessness on the part of the accused

Case: U.S. vs. Ah Chong 15 Phil 488

People vs. Oanis 74 Phil 2572

Actus non facit reum nisi mens sit rea- the act itself does not make a man guilty unless his intention
was so.

Actus me invito factus nonest meus actus- an act done by me against my will is not my act.

CRIMES MALA IN SE vs. CRIMES MALA PROHIBITA:

MALA IN SE MALA PROHIBITA

1. Those so serious as to call for Violations of mere rules of convenience
unanimous condemnation designed to secure a more orderly
regulation of society’s affairs
2. wrongful in nature 2. made wrongful only by statute
3. generally punished by the RPC 3. punished by special law
4. intent is necessary 4. intent not necessary

Motive- the moving power which impels one to action for a definite result. Intent is the purpose to use
a particular manes to effect such result. Motive is not an element of a crime and need not be proved.
Intent is an element and must be proved.

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The accused both police officers were convicted of murder when both shot a notorious criminal while the latter was caught
sleeping on his bed. The two argued that the deceased was very dangerous. This argument was debunked.
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Art. 4. Criminal liability. — Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be different from that
which he intended.

2. By any person performing an act which would be an offense against persons or property, were
it not for the inherent impossibility of its accomplishment or an account of the employment of
inadequate or ineffectual means.

Rationale of Par. 1- el que es causa de la causa es causa del mal causado- he who is the cause of the
cause is the cause of the evil caused.

Article 4 (1) may refer to either:

a. Error in personae- mistake in identity of victim

b. Aberratio Ictus- mistake in blow
c. Praeter Intentionem- result done is greater than that originally intended.

REQUISITES OF ART. 4 (1)

1. An intentional Felony has been committed.

2. The wrong done to the victim be the direct, natural and logical consequence of the felony
committed by the offender.
3. The felony done must be the proximate cause of the resulting injury . Proximate cause- is that
cause which in the ordinary and continuous sequence, unbroken by any efficient intervening
cause produces the injury. Efficient intervening cause- are those that break the relation of
cause and effect. The felony committed is not the proximate cause of the resulting injury when:
1. there is an active force that intervened between the felony committed and the resulting injury;
2. the resulting injury is due to the intentional act of the accused.

IMPOSSIBLE CRIMES- those crimes which would have been committed against person or property
were it not for the inherent impossibility of its accomplishment or on account of the employment of
inadequate or ineffectual means. The purpose of the law in punishing impossible crime is to suppress
criminal propensities or tendencies. The penalty for impossible crime is arresto mayor or fine of P200-
500 (Article 59).

REQUISITES OF IMPOSSIBLE CRIMES

1. The act performed would have been an offense against persons or property.
2. The act was done with evil intent
3. Its accomplishment is inherently impossible because it the means either inadequate or ineffectual
4. The act does not constitute another violation of the RPC.

Art. 5. Duty of the court in connection with acts which should be repressed but which are not
covered by the law, and in cases of excessive penalties. — Whenever a court has knowledge of any
act which it may deem proper to repress and which is not punishable by law, it shall render the proper
decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which
induce the court to believe that said act should be made the subject of legislation.

In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such
statement as may be deemed proper, without suspending the execution of the sentence, when a strict
enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty,
taking into consideration the degree of malice and the injury caused by the offense.

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Comments:

Outline of Paragraph 1:

1. there is an act;
2. the act is reprehensible;
3. but the act is not punishable by the law;
4. the court shall render the proper decisison;
5. the court shall report to the Chief Executive through the DOJ
6. the report shall contain the reason why the said act should be more or less prohibited
and penalized.

Outline of Paragraph 2:

1. there is an act;
2. this time the act is punishable by the law;
3. but the penalty for the act is clearly excessive;
4. the law has not yet been declared unconstitutional;
5. the court shall render the proper decision;
6. it shall report to the Chief Executive through the DOJ

Art. 6. Consummated, frustrated, and attempted felonies. — Consummated felonies as well as those
which are frustrated and attempted, are punishable.

A felony is CONSUMATED when all the elements necessary for its execution and accomplishment are
present; and it is FRUSTRATED when the offender performs all the acts of execution which would produce
the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of
the will of the perpetrator.

There is an ATTEMPT (ED) when the offender commences the commission of a felony directly or over acts,
and does not perform all the acts of execution which should produce the felony by reason of some cause or
accident other than this own spontaneous desistance.

STAGES IN THE EXECUTION OF A FELONY

1. Consummated- when all the elements necessary for its accomplishment and execution are present
2. Frustrated- when the offender performs all the acts of execution which would produce the felony as
a consequence but which, nevertheless do not produce it by reason of causes independent of the
will of the perpetrator.
3. Attempted- when the offender commences the commission of a felony directly by overt acts, and
does not perform all the acts of execution which should produce the felony by reason of some cause
or accident other than his own spontaneous desistance.

DEVELOPMENT OF A CRIME

1. Internal acts- these are the mere ideas in the mind of a person

2. External acts-

a. Preparatory act- ordinarily not punishable

b. Acts of execution- they are the stages. Already punishable.

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 ATTEMPTED FELONY REQUISITES

a. Offender commences the commission of a felony directly by overt acts

b. He does not perform all the acts of execution
c. He is not stopped by his own spontaneous desistance
d. The non performance of the all acts of execution was due to cause or accident other than his own
spontaneous desistance.

When is a felony commenced by overt acts?

a. there must be external act;
b. the external act must have direct connection with the crime intended to be committed.

Case: People vs. Lamahang 61 Phil 703

INDETERMINATE OFFENSE- It is one where the purpose of the offender in performing an act is not
certain

Case: People vs. Baleros 483 SCRA 103

PREPARATORY ACT vs OVERT ACT

Overt Act- some physical activity or deed more than a mere planning or preparation, which if carried out to
its complete termination following its natural course. Without being frustrated by external obstacles nor by
the voluntary desistance of the perpetrator, will logically and naturally ripen in a concrete offense.

Rational for spontaneous desistance: A sort of reward to those who heed the call of conscience and return
to the path of righteousness. But the desistance should be made before all the acts of execution are
performed.

FRUSTRATED FELONY REQUISITES

1. Offender performs all the acts of execution

2. Felony is not produced
3. By reason of cause independent of the will of the perpetrator

Q: How to determine whether a crime is attempted, frustrated or consummated?

A: See the following:
a. the elements present
b. the nature of the offense
c. the manner of the commission of the crime

FORMAL CRIMES vs. MATERIAL CRIMES

Formal crimes- are crimes consummated in one instant. There is only one stage and that is
consummated stage. Material crimes have three stages of execution, attempted,
frustrated4 and consummated.

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Supreme Court said: “it would be too strained to construe petitioner’s act of pressing a chemical-soaked cloth in the mouth of
Malou which would induce her to sleep as an overt act that will logically and naturally ripen into concrete rape. Petitioner did not
commence at all the performance of any act indicative of an intent or attempt to rape Malou. It cannot be overemphasized that
petitioner was fully clothed and that there was no attempt on his part to undress Malou. For what reason petitioner wanted the
complainant unconscious, if that was really his immediate intention, is anybody’s guess.” His act of embracing and kissing Malou,
mashing her breast, inserting his hand inside her panty and touching her sexual organ, while obscene and detestable acts, do not
constitute attempted rape absent any showing that he actually commenced to force his penis into the complainant’s sexual organ.
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Art. 7. When light felonies are punishable. — Light felonies are punishable only when they have been
consummated, with the exception of those committed against person or property.

Art. 8. Conspiracy and proposal to commit felony. — Conspiracy and proposal to commit felony are
punishable only in the cases in which the law specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the commission of a
felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its execution to some
other person or persons.

Conspiracy and Proposal to Commit a Felony- are punishable only in the cases in which the law specifically
provides a penalty therefore.

Cases where mere conspiracy is already punishable:

1. Conspiracy to commit treason (Art.115);

2. Conspiracy to commit rebellion or insurrection (Art. 136);
3. Conspiracy to commit sedition (Art. 141);
4. Conspiracy in restraint of trade or commerce (Art. 186)
5. Conspiracy to commit terrorism under RA 9372
6. Conspiracy to commit arson under PD 1602.

Cases where mere proposal is already punishable:

1. Proposal to commit treason (Art. 115);

2. Proposal to commit rebellion or insurrection (Art. 136).

“Act of One is Act of All.”

Art. 9. Grave felonies, less grave felonies and light felonies. — Grave felonies are those to which the
law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance
with Art. 25 of this Code.

Less grave felonies are those which the law punishes with penalties which in their maximum period are
correctional, in accordance with the above-mentioned Art..

Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not
exceeding 200 pesos or both; is provided.

CLASSIFICATION OF FELONIES ACCORDING TO GRAVITY

Grave felonies- are those to which the law attaches the capital punishment or penalties which in any of
their period are afflictive. Less grave felonies are those which the law punishes with penalties which in
their maximum period are correctional. Light felonies are infraction of laws for the commission of which the
penalty of arresto menor or a fine not exceeding 200 pesos or both is provided.

PRINCIPAL PENALTIES
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In People vs. Aca-ac 357 SCRA 373 the Court said: “For the consummation of rape perfect penetration is not essential. Any
penetration of the female organ by the male organ is sufficient. Entry of the labia or lips of the female organ, without rupture of the
hymen, is sufficient to warrant conviction. Taking into account the nature, elements, and manner of execution of the crime of rape
and jurisprudence on the matter, it is hardly conceivable how the frustrated stage in rape can ever be committed.
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Capital Punishment:
Death

Afflictive Penalties

Reclusion perpetua- 20 yrs.+1 day to 40 yrs.

Reclusion temporal- 12 yrs.+1 day-20 yrs
Perpetual or temporary absolute disqualification-6 yrs.+1 day to 12 yrs.
Perpetual or temporary special disqualification- 6 yrs.+1 day to 12 yrs.
Prision Mayor-6 yrs. + 1 day to 12 years

Correctional penalties

Prision correctional- 6 mos.+ 1 day to 6 yrs.

Arresto mayor-1 month + 1 day to 6 mos.
Suspension- 6 mos+1 day to 6 yrs.
Destierro- 6 mos. +1 day to 6 yrs.

Light penalties:

Arresto menor- 1 day to 30 days

Public censure
ACCESSORY PENALTIES

Perpetual or temporary absolute disqualification

Perpetual or temporary special disqualification
Suspension from public office, the right to vote and be voted for
Civil Interdiction
Indemnification
Forfeiture or confiscation of instrument sand proceeds of the offense
Payment of cost

________________________________________________________________________

Art. 10. Offenses not subject to the provisions of this Code. — Offenses which are or in the future may
be punishable under special laws are not subject to the provisions of this Code. This Code shall be
supplementary to such laws, unless the latter should specially provide the contrary.

Special Law- a law which defines and punishes act not found in the RPC

CIRCUMSTANCES AFFECTING ONES CRIMINAL LIABILITY

1. Justifying Circumstances
2. Exempting Circumstances
3. Mitigating Circumstances
4. Aggravating Circumstances
5. Alternative Circumstances

Imputability- the quality by which a criminal act maybe pinpointed to another as its doer or author.
Responsibility- is the obligation of an offender in suffering the consequences of a crime.

JUSTIFYING CIRCUMSTANCES
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Justifying circumstances- those where the act of a person is said to be in accordance with the law. As a
consequence he is freed from criminal and civil liability.

Enumerate the Justifying Circumstances:

1. Self defense
2. Defense of relatives
3. Defense of strangers
4. Avoidance of greater evil
5. Fulfillment of duty
6. Obedience to order of superior.

Long (Complete) Version Short Version

1. Anyone who acts in defense of his person or rights Self Defense
2. Any one who acts in defense of the person or rights of his spouse, Defense of Relatives
ascendants, descendants, or legitimate, natural or adopted brothers or
sisters, or his relatives by affinity in the same degrees and those
consanguinity within the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding circumstance are
present, and the further requisite, in case the revocation was given by
the person attacked, that the one making defense had no part therein.

3. Anyone who acts in defense of the person or rights of a Defense of Strangers

stranger, provided that the first and second requisites mentioned
in the first circumstance of this article are present and that the
person defending be not induced by revenge, resentment, or
other evil motive.
4. Any person who, in order to avoid an evil or injury, does not Avoidance of Greater Evil
act which causes damage to another, provided that the following
requisites are present:

First: That the evil sought to be avoided actually exists;

Second: That the injury feared be greater than that done to

avoid it;

Third: That there be no other practical and less harmful means

of preventing it.

5. Any person who acts in the fulfillment of a duty or in the lawful Fulfillment of Duty
exercise of a right or office.

6. Any person who acts in obedience to an order issued by a Obedience to order

superior for some lawful purpose.

Q: Who has the burden to prove self defense?

A: The defense (accused)

REQUISITES OF SELF DEFENSE

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1. Unlawful aggression;5
2. Reasonable necessity of the means employed to prevent or repel it;
3. Lack of sufficient provocation on the part of the person defending himself

Unlawful aggression- is assault or at least threatened assault of an immediate and imminent kind.

* When the aggressor fees, there is no more unlawful aggression

* But when he retreats to take advantage of a better position, unlawful aggression still exists
* There is no unlawful aggression when there is an agreement to a fight.
* Rights involved in self defense includes defense of honor and property.

Retreat to the wall doctrine Stand ground when in the right

1. An ancient common law rule in homicide which A rule which states that where the accused is
made it the duty of a person assailed to retreat as where he has the right to be, the law does not
far as he can before he is justified in meeting force require him to retreat when his assailant is
with force advancing upon him with a deadly weapon.

2. no longer followed in the Philippines it is currently the rule in the Philippines

Case: People vs. Jaurigue 76 Phil 174

People vs. Apolinar 38 OG 28706

* The belief of the accused is considered in determining the existence of unlawful aggression.
* But a mere threatening attitude is not unlawful aggression.
* Cases where the unlawful aggressor is disarmed
* The defender must not indiscriminately fire his weapon

TEST OF REASONABLENESS IN DETERMINING WHETHER THERE IS SELF DEFENSE. 7

1. Nature of the weapon used by the aggressor

2. Quality of his weapon
3. The physical conditions of both parties
4. Place of the aggression and others8.

Provocation- any unjust or improper conduct on the part of the offended party capable of inciting or
irritating any one.

THINGS TO REMEMBER IN PROVOCATION :

1. There must be no provocation made by the one claiming self defense;

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Unlawful aggression is the first and indispensable requisite of self defense. Self defense may also include defense of honor,
property and others of a kindred kind. Mere or light push is not unlawful aggression. So as insulting words or foot kick greeting..
But a slap on the face is unlawful aggression. The mere thrusting into one’s pocket as if for the purpose of drawing a weapon is not
unlawful aggression. Even the cocking of a rifle without aiming the firearm at any particular target is not unlawful aggression.
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The accused saw a man stealing a sack of palay from his Riceland. He shot the thief while running away. He was convicted and
made liable.
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Reasonable necessity of the means employed does not imply material commensurability between the means of attack and
defense. What the law requires is a rational equivalence, in the consideration of which will enter as principal factors the
emergency, the imminent danger to which the person attacked is exposed, and the instinct more than reason, that moves or impels
the defense.
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In People vs. Ubaldo 367 SCRA 432 the Supreme Court declared that the means used by the defender was unreasonable,
because the number of the gunshot wounds inflicted on the deceased shows that the means employed were hardly reasonable at all.
The nature and number of wounds inflicted upon the victim are important indicia which disprove self defense. The multiple
gunshot wounds inflicted upon the deceased show that appellant’s act was not one of self defense, but was a determined and
purposeful attack upon the victim.
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2. Even if provocation was given, it must be sufficient provocation;
3. Even if the provocation was sufficient, but it was not given by the person claiming self-defense then there
is self defense.

DEFENSE OF RELATIVES REQUISITES

1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. In case the provocation was given by the person attacked, the one making the defense had no part
therein.

 Relatives by affinity are those created by marriage such as parents in law, sons and daughters in
law
 Relatives by consanguinity are relatives by nature or by blood relations. Siblings are within the 2 nd
civil degree, whereas uncle and niece or aunt and nephew are within the 3rd civil degree, first
cousins are within the 4th civil degree.

TABLE OF RELATIVES BY CONSANGUINITY THAT MAY BE DEFENDED

RELATIONSHIP BROTHERS/SISTERS UNCLE,AUNT, NIECE AND FIRST COUSINS

NEPHEW
DEGREE 2ND Degree 3RD Degree 4TH Degree

DEFENSE OF STRANGERS9 REQUISITES

1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. The person defending be not induced by revenge, resentment or other evil motive.

DISTINGUISH BETWEEN SELF DEFENSE, DEFENSE OF RELATIVES AND DEFENSE OF

STARNGERS

SELF DEFENSE DEFENSE OR RELATIVES DEFENSE OF STRANGERS

1. Unlawful aggression 1. Unlawful aggression 1. Unlawful aggression

2. Reasonable necessity of the 2. Reasonable necessity of the 2. Reasonable necessity of the
means employed to prevent or means employed to prevent or means employed to prevent or
repel it repel it repel it
3. Lack of sufficient provocation 3. In case the provocation was 3. The one defending is not
on the part of the person given by the person attacked the induced by hatred revenge or
defending himself one making defense had no part other evil motive.
therein

AVOIDANCE OF GREATER EVIL REQUISITES/STATE OF NECESSITY

1. That the evil sought to be avoided actually exists;

2. That the injury feared be greater than that done to avoid it;
3. That there be no other practical and less harmful means of preventing it

FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHT OR OFFICE

REQUISITES
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Strangers- are those not included in the enumeration of relatives in Art. 11 (2)
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1. The accused acted in the performance of duty or in the lawful exercise of a right or office.
2. The injury caused is the consequence of the due performance10 of duty or the lawful exercise of such
right or office.

Case: People vs. De Lima 46 Phil. 73811

DOCTRINE OF SELF HELP- states that the owner or the lawful possessor of a thing has the right to
exclude any person from the enjoyment and disposal thereof. Thus he may use such force as may be
reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of
his property. (Art. 429 Civil Code)

OBEDIENCE TO ORDER ISSUED BY A SUPERIOR REQUISITES

1. A lawful order has been issued by a superior;

2. The means used by the accused subordinate to carry out said order is lawful

EXEMPTING CIRCUMSTANCES

Exempting Circumstances- are those grounds for exemption from punishment because there is
wanting/missing in the agent of the crime any of the conditions which make the act voluntary or negligent.

ENUMERATE THE EXEMPTING CIRCUMSTANCES:

1. Imbecility; Insanity (unless the latter acted during a lucid interval)

2. A person under 9
3. A person over 9 and under 15 unless he has acted with discernment.
4. Accident
5. Uncontrollable fear
6. Lawful or insuperable cause.

Long (Complete) Version Short Version

1. An imbecile or an insane person, unless the latter has acted during a lucid Imbecility or Insanity
interval.

When the imbecile or an insane person has committed an act which the
law defines as a felony (delito), the court shall order his confinement in
one of the hospitals or asylums established for persons thus afflicted,
which he shall not be permitted to leave without first obtaining the
permission of the same court.

2. A person under nine years of age. (Repealed by RA 9344) Minority

3. A person over nine years of age and under fifteen, unless he has Minority
acted with discernment, in which case, such minor shall be proceeded
against in accordance with the provisions of Art. 80 of this Code.
(Repealed by RA 9344)
10
In Baxinela vs. People 485 SCRA 331, a policeman was held guilty when he shot at somebody who had a gun tucked around his
waist. When he shot the offended party the latter was not at all resisting. The shooting of the offended party cannot be considered
due performance of a duty if at that time the offended party posed no serious threat or harm to Baxinela or the civilians in the pub.
11
Here, a fugitive was escaping from a policeman. In order to prevent the continued and imminent escape of the fugitive, the
policeman fired at the fugitive. The Supreme Court acquitted the policeman, on the ground that the killing was done in the
fulfillment of duty. But in People vs. Lagata, a jail guard shot to death a prisoner whom he thought was escaping. The Supreme
Court affirmed the conviction of the jail guard for homicide because the facts showed that the prisoner was not at all trying to
escape. The SC said that the jail guard could only fire at the prisoner in self defense or if absolutely necessary to avoid his
escape.
13
4. Any person who, while performing a lawful act with due care, causes Accident
an injury by mere accident without fault or intention of causing it.
5. Any person who act under the compulsion of irresistible force. Irresistible Force
6. Any person who acts under the impulse of an uncontrollable fear of Uncontrollable Fear
an equal or greater injury.
7. Any person who fails to perform an act required by law, when Lawful or Insuperable Cause
prevented by some lawful insuperable cause.

Imbecile- One who is old but has a mental development similar to children between the ages 2-7 years.

Insanity12- one which exists when there is a complete deprivation of intelligence in committing the
criminal act, that is the accused is deprived of reason and acts without the least discernment.

Q: who has the burden to prove insanity?

A: Defense (Accused)

INSANITY AT THE TIME OF THE COMMISSION OF THE CRIME vs. INSANITY AT THE TIME OF TRIAL

Discernment- the mental capacity of a minor to distinguish between right from wrong and to fully appreciate
the consequences of his felonious acts. It may be shown by:
a. manner of committing the crime;
b. conduct of the offender
c. such other circumstances13

FOUR PERIOD OF HUMAN LIFE FROM THE VIEWPOINT OF THE PENAL CODE:

AGE OF ABSOLUTE AGE OF AGE OF ABSOLUTE AGE OF MITIGATED

CRIMINAL CONDITIONAL CRIMINAL CRIMINAL
IRRESPONSIBILITY CRIMINAL RESPONSIBILITY RESPONSIBILITY
RESPONSIBILITY

REPUBLIC ACT 9344- AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND

WELFARE SYSTEM (Juvenile Justice and Welfare Act of 2006)

Child in Conflict with the Law- a child who is accused or adjudged of having committed an offense.

Initial contact with the child- refers to the apprehension of a child in conflict with the law by officers or
private citizens.

Status Offense- offenses which discriminate only against a child while an adult does not suffer any penalty
for committing similar acts. Examples are: curfew violations, truancy, parental disobedience.

12
The condition known as dementia praecox is covered by the term insanity. So as Epilepsy may be covered by the term insanity.
However, that Kleptomania is also covered is still a debatable proposition. Somnambulism may be a cause for exemption for
lack of criminal intent.
13
Such may include: offender’s attempt to silence the victim, or his hiding of the corpus delicti or disposal of the evidence, or his
utterances and or overt acts before, during and after the commission of the crime.
14
Section 6 RA 9344 says: A child 15 years of age or under at the time of the commission
of the offense shall be exempt from criminal liability.

A child above 15 years but below 18 shall likewise be exempt from criminal liability and be subjected to
intervention program unless he has acted with discernment.

Section 58 of the same law says: Persons below 18 years of age shall be exempt from prosecution for the
crime of vagrancy and prostitution, of mendicancy under PD 1563 and sniffing of rugby under PD 1619.

ACCIDENT REQUISITES

1. A person performs a lawful act;

2. With due care;
3. He causes an injury to another;
4. Without fault or intention of causing it.

Case: US vs. Taneo 15 Phil 19614

IRRESISTIBLE FORCE

Irresistible force- a force which produces such an effect upon an individual that, in spite of all resistance, it
reduces him to a mere instrument and as such incapable of committing a crime

UNCONTROLLABLE FEAR

The exempting circumstance of uncontrollable fear presupposes that the accused is compelled by means
of threat or intimidation by a third person to commit a crime.

LAWFUL OR INSUPERABLE CAUSE

ABSOLUTORY CAUSES

1. Art 247. Death or physical injuries under exceptional circumstances

2. Art. 280 (3) trespass
3. Art. 332. Persons exempt from criminal liability
4. Art. 20. Accessories exempted
5. Art. 6 on spontaneous desistance
6. Instigation – one which takes place when a peace officer induces a person to commit a crime. Without
the inducement, the crime would not be committed. It exempts one from criminal liability.

ENTRAPMENT vs. INSTIGATION

ENTRAPMENT INSTIGATION

14
Here the accused was aiming his gun towards a wild chicken. However the bullet ricochets and hit a bystander. The accused was
exempted based on the defense of accident.
15
1. Ways and means are resorted to for the purpose Here, the police practically induces the accused
of trapping and capturing the lawbreaker in the into the commission of the offense and he himself
execution of his plans becomes a co-principal

2. The intent to violate the law originated from the The intent to violate the law did not originate from
accused himself the accused as he was induced only by the police to
perform a criminal act

3. Not an absolutory cause hence does not exempt An absolutory cause that exempts one from criminal
from criminal liability liability

PEOPLE OF THE PHILIPPINES vs. MARIVIC GENOSA 419 SCRA 542

(BATTERED WOMAN SYNDROME)

Battered Wife- a woman who is repeatedly subjected to any forceful physical or psychological behavior by
a man in order to do something he wants her to do without concern for her rights. It includes wives or
woman in any form of intimate relationship with a man. The couple must go through the battering cycle at
least twice.

Q: What are the cycles of violence in BWS?

A: 1. Tension Building Stage- where minor battering occurs
2. Acute Battering Incident- characterized by brutality, destructiveness and death.
3. Tranquil or loving phase- The batterer shows loving caring nurture to the victim.

The Juan Luna Parricide Incident

MITIGATING CIRCUMSTANCES

Mitigating circumstances-those which if present in the commission of a crime, do not entirely free the
actor from criminal liability but reduces only the penalty.

ENUMERATE THE MITIGATING CIRCUMSTANCES

1. Incomplete justifying or exempting circumstance

2. Under 18
3. No intention to commit so grave a wrong (praeter intentionem)
4. Sufficient provocation or threat
5. Vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender/ voluntary confession of guilt
8. Deaf, dumb, blind and other physical defects
9. Illnesses which diminish will power
10. Analogous circumstances.

Long (Complete) Version Short Version

1. Those mentioned in the preceding chapter, when all the requisites necessary Incomplete Justifying or
to justify or to exempt from criminal liability in the respective cases are not Incomplete Exempting
attendant. 15
16
 Circumstances
2. That the offender is under eighteen year of age or over seventy years. Minority (Under 18)
In the case of the minor, he shall be proceeded against in accordance
with the provisions of Art. 80. (Correlate with RA 9344)

3. That the offender had no intention to commit so grave a wrong as that Praeter Intentionem
committed.
4. That sufficient provocation or threat on the part of the offended party Sufficient Provocation or
immediately preceded the act. Threat
5. That the act was committed in the immediate vindication of a grave Vindication
offense to the one committing the felony (delito), his spouse, ascendants,
or relatives by affinity within the same degrees.

6. That of having acted upon an impulse so powerful as naturally to have Passion or Obfuscation
produced passion or obfuscation.
7. That the offender had voluntarily surrendered himself to a person in Voluntary Surrender or
authority or his agents, or that he had voluntarily confessed his guilt Voluntary Confession of Guilt
before the court prior to the presentation of the evidence for the
prosecution.
8. That the offender is deaf and dumb, blind or otherwise suffering some Physical Handicapped or
physical defect which thus restricts his means of action, defense, or Defects
communications with his fellow beings.
9. Such illness of the offender as would diminish the exercise of the will- Other Illnesses
power of the offender without however depriving him of the
consciousness of his acts.
10. And, finally, any other circumstances of a similar nature and Analogous Circumstances
analogous to those above mentioned.

ORDINARY MITIGATING CIRCUMSTANCES vs. PRIVILEGED MITIGATING CIRCUMSTANCES

NO INTENTION TO COMMIT SO GRAVE A WRONG AS THAT COMMITTED

Q: How to determine the lack of grave intention to commit the offense?

A: Consider the following:
a. the weapon used
b. nature of the injury
c. part of the body targeted

This mitigating circumstance is invocable only in felonies resulting in some physical harm like physical
injuries, homicide etc.

SUFFICIENT PROVOCATION OR THREAT IMMEDIATELY PRECEDED THE ACT

Case: People vs. Marquez 53 Phil 26016

IMMEDIATE VINDICATION OF A GRAVE OFFENSE

PROVOCATION vs. IMMEDIATE VINDICATION

15
The penalty would be one or two degrees lower in the period which the court may consider proper than that prescribed by law,
provided majority of the conditions are present (Article 69).
16
The accused husband saw a shadow of a man jumping down from the window of his house where his wife was at the time. Upon
confronting his wife as to who was that man, the wife immediately begged for pardon. The husband did an offense against the
wife. The husband was convicted but in his favor, the mitigating circumstance of “immediate provocation” was considered.
17
 PROVOCATION VINDICATION
1. Provocation is made only to the person In vindication, the grave offense may be committed
committing the felony against the spouse, the ascendants, descendants,
brothers or sisters or relatives by affinity within the
same degree of the offender.

2. In provocation the provocation need not be grave In vindication, the offended party must have done a
grave offense to the offender or his relatives

3. In provocation, the provocation or threat must 3. In vindication, the vindication of the grave offense
immediately preceded the act may be proximate, which admits of interval of time
between the commission of the grave offense and
the commission of the crime by the accused.

PASSION OR OBFUSCATION REQUISITES:

1. There is an act unlawful and sufficient to produce passion or obfuscation;

2. The act which produced such emotion must not be far removed from the commission of the crime,
during which the accused might recover his normal equanimity

VOLUNTARY SURRENDER

 Voluntary surrender must be made to a person in authority or his agents

 A surrender is voluntary when it is spontaneous in such a manner that it shows the interest of the
accused to surrender voluntarily to the authorities either because he acknowledges his guilt or
wishes to save the authorities the expenses incurred in his search.

VOLUNTARY CONFESSION OF GUILT/PLEA OF GUILTY REQUISITES

1. It must be made in open court

2. It must be made prior to the presentation of evidence of the prosecution

DEAF, DUMB, BLIND AND OTHER PHYSICAL DEFECTS

ILLNESS AS WOULD DIMINISH THE EXERCISE OF THE WILL POWER

OTHER ANALOGOUS CASES

AGGRAVATING CIRCUMSTANCES

Aggravating Circumstances- are those which if attendant in the commission of the offense, would serve to
increase the penalty.

ENUMERATION OF AGGRAVATING CRCUMSTANCES:

1. Advantage of public position

2. In contempt or with insult to public authorities
3. Disrespect on the rank, age or sex of the offended party; the crime is committed in the dwelling of
offended party
4. Abuse of confidence or obvious ungratefulness
5. Palace of the Chief Executive, or in his presence, or place where authorities discharge their duties, or
place of religious worship
6. Nightime, uninhabited place, band

18
7. On occasion of conflagration, shipwreck etc.
8. Aid of armed men
9. Recidivist
10. Reiteration
11. Price, reward or promise
12. Inundation, fire, poison, etc
13. Evident Premiditation
14. Craft, fraud or Disguise
15. Superior strength or means to weaken defense
16 Treachery
17. Ignominy
18. Unlawful entry
19. Wall, roof, floor be broken
20. Aid of persons under 15, motor vehicle
21. Cruelty

Long (Complete) Version Short Version

1. That advantage be taken by the offender of his public position.. Taking advantage of public
position
2. That the crime be committed in contempt or with insult to the public In contempt or insult of
authorities. authorities
3. That the act be committed with insult or in disregard of the respect Disregard of rank, age or sex
due the offended party on account of his rank, age, or sex, or that is be
committed in the dwelling of the offended party, if the latter has not
given provocation.
4. That the act be committed with abuse of confidence or obvious Abuse of confidence or obvious
ungratefulness. ungratefulness
5. That the crime be committed in the palace of the Chief Executive or in In presence of President, or
his presence, or where public authorities are engaged in the discharge place dedicated to religious
of their duties, or in a place dedicated to religious worship. worship, or place where
authorities do their duties
6. That the crime be committed in the night time, or in an uninhabited Nightime, uninhabited place,
place, or by a band, whenever such circumstances may facilitate the band
commission of the offense.
7. That the crime be committed on the occasion of a conflagration, Calamity or misfortune
shipwreck, earthquake, epidemic or other calamity or misfortune.
8. That the crime be committed with the aid of armed men or persons Aid of armed men
who insure or afford impunity.
9. That the accused is a recidivist. Recidivism

A recidivist is one who, at the time of his trial for one crime, shall have
been previously convicted by final judgment of another crime embraced
in the same title of this Code.
10. That the offender has been previously punished by an offense to Reiteracion or habituality
which the law attaches an equal or greater penalty or for two or more
crimes to which it attaches a lighter penalty.
11. That the crime be committed in consideration of a price, reward, or Price reward or promise
promise.
12. That the crime be committed by means of inundation, fire, poison, Inundation, fire, poison etc.
explosion, stranding of a vessel or international damage thereto,
derailment of a locomotive, or by the use of any other artifice involving
great waste and ruin.
13. That the act be committed with evident premeditation. Evident premeditation
14. That the craft, fraud or disguise be employed. Craft, fraud or disguise
19
15. That advantage be taken of superior strength, or means be Advantage of superior strength
employed to weaken the defense. or means to weaken the
defense
16. That the act be committed with treachery (alevosia). Treachery

There is treachery when the offender commits any of the crimes against
the person, employing means, methods, or forms in the execution
thereof which tend directly and specially to insure its execution, without
risk to himself arising from the defense which the offended party might
make.

17. That means be employed or circumstances brought about which Ignominy

add ignominy to the natural effects of the act.
18. That the crime be committed after an unlawful entry. There is an Unlawful entry
unlawful entry when an entrance of a crime a wall, roof, floor, door, or
window be broken
19. That as a means to the commission of the crime a wall, roof, floor, door, or Broken wall, roof, floor etc.
window be broken.
20. That the crime be committed with the aid of persons under fifteen Aid or persons under 15 years
years of age or by means of motor vehicles, motorized watercraft, old or use of motor vehicle
airships, or other similar means.
21. That the wrong done in the commission of the crime be deliberately Cruelty
augmented by causing other wrong not necessary for its commissions.

ADVANTAGE OF PUBLIC POSITION

Case: Fortuna vs. People 15 December 2000 348 SCRA 270 17

IN CONTEMP OF OR WITH INSULT TO PUBLIC AUTHORITIES

INSULT OR DISRESPECT OF THE RANK, AGE OR SEX

 This aggravating circumstance is applicable only in crimes against honor or persons

CRIME COMMITTED IN THE DWELLING OF THE OFFENDED PARTY

ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS

PALACE OF THE PRESIDENT, OR IN HIS PRESENCE, OR PLACES WHERE PUBLIC AUTHORITIES

ARE ENGAGED IN DUTIES, OR PLACE OF RELIGIOUS WORSHIP.

NIGHTIME- that period of darkness beginning at end of dusk and ending at dawn.

 Not aggravating if crime commenced in daytime

 If the locus criminis is lighted no aggravating of nighttime

UNINHABITED PLACE- one where there are no houses or where the houses are scattered at a great
distance from each other

BAND- whenever more than three armed malefactors shall have acted together in the commission of an
offense, it shall be deemed to have been committed by a band.
17
Here, the police officers used their position to execute a sort of “hulidap” against the victims.
20
Q: When is nightime, uninhabited place and band aggravating?
A: 1. When the offender took advantage thereof for the purpose of impunity
2. When specially sought for by the offender to insure the commission of the crime
3. When it facilitated the commission of the crime.

ON THE OCCASION OF CONFLAGRATION, SHIPWECK, EARTHQUAKE OTHER CALAMITY OR

MISFORTUNE
AID OF ARMED MEN/AID OF PERSONS WHO INSURE OR AFFORD IMPUNITY

RECIDIVIST- one who at the time of his trial for one crime, shall have been previously convicted by final
judgment of another crime embraced in the same title of the Revised Penal Code.

OFFENDER HAS BEEEN PREVIUOSLY PUNISHED FOR:

1. An offense to which the law attaches an equal or greater penalty or
2. For two or more crimes to which it attaches a lighter penalty

 This aggravating circumstance is known as REITERATION.18

FOUR TYPES OF REPETITIOUS OFFENDERS:

RECIDIVIST REITERACION/HABITUALITY HABITUAL QUASI

(OFFENDERS) DELINQUENTS RECIDIVIST/MULTI
RECIDIVIST

PRICE REWARD OR PROMISE

INUNDATION, FIRE, POISON, EXPLOSION, STRANDING OF A VESSEL, DERAILMENT OF

LOCOMOTIVE OR USING ANY ARTIFICE INVOLVING GREAT WASTE AND RUIN

EVIDENT PREMEDITATION- it involves a determination to commit the crime prior to the moment of its
execution and also to carry out the criminal intent which must be the result of deliberate, calculated and
reflective thoughts through a period of time sufficient to dispassionately consider and accept the
consequences thereof, thus indicating greater perversity

Q: What is the essence of evident premeditation?

A: The essence of evident premeditation is that the execution of the criminal act must be preceded by cool
thought and reflection upon the resolution to carry out the criminal intent during the space of time sufficient
to arrive at a calm judgment.

Q: What are the requisites of evident premeditation?

A: 1. The time when the offender determined to commit the crime;
2. An act manifestly indicating that the culprit has clung to his determination;

18
There are four forms of criminal repetition under the Penal Code. They are: a. recidivism, b. reiteration or habituality c.
habitual delinquency and d. quasi recidivism
21
3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the
consequences of his act and to allow his conscience to overcome the resolution of his will.

 The latest ruling is that premeditation is not aggravating when the victim is different from that
intended19

CRAFT- is a circumstance characterized by trickery or cunning resorted to by the accused, to carry out his
design. It is the use of intellectual trickery and cunning on the part of the accused.

FRAUD- insidious words or machinations used to induce the victim to act in a manner which would enable
the offender to carry out his design.

DISGUISE- it involves the deliberate effort of the accused to conceal his identity in the commission of the
crime.

USE OF SUPERIOR STRENGHT OR MEANS EMPLOYED TO WEAKEN THE DEFENSE.

TREACHERY20- there is treachery when the offender commits any of the crimes against the person,
employing means, methods or forms in the execution thereof which tend directly and specially to insure its
execution, without risk to himself arising from the defense which the offended party might make.

IGNOMINY- is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the
material injury caused by the crime. It is a circumstance that tends to make the effects of the crime more
humiliating, thus adding to the victim’s moral sufferings.

Case: People v. Bumidang: 04 Dec. 2000 346 SCRA 80721

People vs. Siao- 3 march 2000 327 SCRA 26922

UNLAWFUL ENTRY- there is unlawful entry when an entrance is affected by a way not intended for the
purpose.

WALL, ROOF, FLOOR, DOOR OR WINDOW BE BROKEN

AID OF PERSONS UNDER 15 YEARS OF AGE

USE OF MOTOR VEHICLES,23 AIRSHIPS OR OTHER SIMILAR MEANS

CRUELTY- a circumstance whereby the offender enjoys and delights in making his victim suffer slowly and
gradually, causing him unnecessary physical pain in the consummation of his criminal act.

Case: People vs. Guerrero 19 September 2002 389 SCRA 38924

19
People vs. Ventura 5 July 2004 433 SCRA 389. However, if it is shown that the conspirators wee determined to kill not only the
intended victim but also anyone who may help put a violent resistance, then evident premeditation will be appreciated.
20
In People vs. Jarolon 404 SCRA 564, SC said: The killing of a minor who, because of their tender age, could not be expected to
put up a defense, is considered attended with treachery even if the manner of the attack is not shown. The killing is hence,
qualified to murder. Also treachery may also be appreciated in the crime of robbery with homicide although this complex crime
is predominantly a crime against property.
21
The accused used a flashlight and examined the genital of the rape victim before raping her.
22
Here the accused raped the victim doggie style
23
If the motor vehicle is used only for escaping there is no aggravating circumstance.
24
It was intimated by the Supreme court that there would have been cruelty had the victim’s penis was cut-off by the offender prior
to the victim’s actual killing. In this case the cutting off the penis was considered as outraging or scoffing at ones corpses under
par. 5 Article 248.
22
  Under RA 8294 6 July 1997, the use of unlicensed firearm merely becomes an aggravating
circumstance if murder or homicide was committed with the use thereof. But if the unlicensed firearm
is used in the commission of any crime 25, there can be no separate offense of illegal possession of
firearm.

FOUR KINDS OF AGGRAVATING CIRCUMSTANCE26:

1. Generic- generally applies to all crimes.

2. Inherent- that must necessarily accompany the commission of a crime
3. Qualifying- that which changes the nature of the crime
4. Specific- Those that apply only to a particular crime.

ALTERNATIVE CIRCUMSTANCES

Art. 15. Their concept. — Alternative circumstances are those which must be taken into consideration as
aggravating or mitigating according to the nature and effects of the crime and the other conditions attending
its commission. They are the relationship, intoxication and the degree of instruction and education of the
offender.

The alternative circumstance of relationship shall be taken into consideration when the offended party in the
spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the
same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a mitigating circumstances when the
offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the
plan to commit said felony but when the intoxication is habitual or intentional, it shall be considered as an
aggravating circumstance.
 

Alternative Circumstance- are those which must be taken into consideration as aggravating or mitigating
according to the nature and effects of the crime and the other conditions attending its commission.

Q: What are the three alternative circumstances?

A: 1. Relationship27
2. Intoxication
3. Degree of instruction and education of the offender.

PERSONS CRIMINALLY LIABLE FOR FELONIES

 
Art. 16. Who are criminally liable. — The following are criminally liable for grave and less grave felonies:

1. Principals.

2. Accomplices.

3. Accessories.

The following are criminally liable for light felonies:

1. Principals
25
Such as alarms and scandals or slight physical injuries punishable by arresto menor.
26
Under the new rules on criminal procedure, the qualifying and aggravating circumstances must be alleged in the information.
Otherwise they may not be appreciated. However in cases where they are not alleged, they may nevertheless, be considered in the
award of damages.
27
Relationship is aggravating in crimes against persons when the parties are of the same level such as a brother killing a brother.
23
 2. Accomplices.

WHO ARE THE PERSONS WHO MAY BE CRIMINALLY LIABLE (Degree of participation)

1. Principals
2. Accomplices
3. Accessories

 Active and Passive Subject of the crime

Art. 17. Principals. — The following are considered principals:

1. Those who take a direct part in the execution of the act;

2. Those who directly force or induce others to commit it;

3. Those who cooperate in the commission of the offense by another act without which it would not
have been accomplished.

THREE CLASSIFICATIONS OF PRINCIPALS

1. Those who take a direct part in the execution of the act. (PRINCIPAL BY DIRECT
PARTICIPATION)

2. Those who directly forced or induced others to commit it. (PRINCIPAL BY INDUCEMENT OR
INDUCTION)

3. Those who cooperate in the commission of the offense by another act without which it would not
have been accomplished (PRINCIPAL BY INDISPENSABLE COOPERATION)

Art. 18. Accomplices. — Accomplices are those persons who, not being included in Art. 17, cooperate in
the execution of the offense by previous or simultaneous acts.

WHO/WHAT IS AN ACCOMPLICE?

Accomplices- are those persons who not being principals, cooperate in the execution of an offense by
previous or simultaneous acts.

Art. 19. Accessories. — Accessories are those who, having knowledge of the commission of the crime,
and without having participated therein, either as principals or accomplices, take part subsequent to its
commission in any of the following manners:

1. By profiting themselves or assisting the offender to profit by the effects of the crime.

2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to
prevent its discovery.

3. (FOR PUBLIC OFFICIALS ONLY ) By harboring, concealing, or assisting in the escape of the
principals of the crime, provided the accessory acts with abuse of his public functions

OR

24
 (FOR PRIVATE PERSONS ALSO) whenever the author of the crime is guilty of treason, parricide,
murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of
some other crime.

Art. 20. Accessories who are exempt from criminal liability. — The penalties prescribed for accessories
shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with
the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article.

WHO ARE THE ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILTY?

The spouse, ascendants, descendants, brothers and sisters or relatives by affinity within the same
degree. (Note: Except paragraph one)

See: PD 1829 Obstruction of Justice

Penalty- is the suffering inflicted by the State for the transgression of the law.

JURIDICAL CONDITIONS OF PENALTY

1. Must be commensurate with the offense- different crimes have different penalties under the law.
2. Must be personal- A person should be held accountable for his own actions. No person should be
punished for the crime of another
3. Certain- No person must escape the penalty.
4. Legal- The penalty must be in accordance with the law

JUSTIFICATION FOR THE IMPOSITION OF PENALTY

1. Exemplarity- to serve as an example to others and deter them from emulating the criminal.
2. Justice- Criminal is punished as an act of retributive justice.
3. Prevention- To suppress or prevent the danger to the State of the acts of the criminal.
4. Reformation- Under the modern concept of correction the criminal is punished in order to rehabilitate
or reform him.
5. Self Defense- To protect the society against the threats and actions of the criminals.

LIFE IMPRISONMENT vs. RECLUSION PERPETUA

LIFE IMPRISONMENT RECLUSION PERPETUA
1. does not have specific duration Has duration of 30 years after which convict
becomes pardonable but the maximum period shall
not exceed 40 years.

2. imposed for violations of special laws Imposed for violations of felonies punishable under
the Revised Penal Code
3. does not have accessory penalties Has accessory penalties

Q: What penalty may be imposed by the state? (Prospective character)

A: No felony shall be punishable by any penalty not prescribed by law prior to its commission (Art.21)

Q: When may penal laws have retroactive effects?

A: Penal laws shall have retroactive effect in so far as they favor the person guilty of a felony, who is not a
habitual criminal (art. 22)

Q: What is the effect of pardon by the offended party?

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A: A pardon by the offended party does not extinguish criminal action except as provided in article 344. But
civil liability with regard to the interest of the injured party is extinguished by his express waiver (Art.23)

Q: When is fine afflictive, correctional or light in character?

A: 1. It is afflictive if it exceeds P6000.
2. It is correctional if it does not exceed P6000 but is not less than P200
3. It is light if it is less than P200.

Q: Explain the concept of preventive imprisonment.

A: Offenders or accused who have undergone preventive imprisonment shall be credited in the service of
their sentence consisting of deprivation of liberty, with the full time during which they have undergone
preventive imprisonment if the detention prisoner agrees voluntarily in writing to abide by the same
disciplinary rules imposed upon convicted prisoners. Except:
1. when they are recidivist, or have been convicted previously twice or more times of any crime;
2. when upon being summoned for the execution of their sentence they failed to surrender voluntarily.
(Article 29)

Note: An accused undergoes preventive imprisonment when the offense charged is non bailable or even if
bailable he cannot furnish the required bail. Now if an accused does not agree to abide by the same
disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with
4/5 of the time during which he has undergone preventive imprisonment.

Q: What is civil interdiction?

A: It is an accessory penalty which has the effects of depriving the offender during the time of his sentence
of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital
authority, of the right to manage his property, and of the right to dispose of such property by any act or any
conveyance inter vivos.

Q: What is bond to keep the peace?

A: It is an accessory penalty which has the effect of requiring the person sentenced to it to present two
sureties who shall undertake that such person will not commit the offense sought to be prevented, and in
case such offense be committed they will pay the amount determined by the court in its judgment, or
otherwise to deposit such amount in the office of the clerk of court to guarantee said undertaking. If the
person sentenced fail to give the bond as required he shall be detained for a period not exceeding six
months if he shall have been prosecuted for grave or less grave felony, and shall not exceed thirty days, if
for a light felony.

Q: What is the effect of pardon (by the President)?

A: A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless
such rights be expressly restored by the terms of the pardon. It shall also not exempt the culprit from the
payment of the civil liability imposed upon him by the sentence.

Pardon- is an act of grace proceeding from the power entrusted with the execution of the laws which
exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has
committed. A pardon may either be a conditional or absolute.

LIMITATIONS ON THE PARDONING POWER OF THE PRESIDENT

1. Pardon can be exercised only after conviction;

2. This power cannot be extended to cases of impeachment
3. No pardon involving violations of elections laws, shall be granted without the favorable
recommendation of the Comelec.

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 PARDON OF THE PRESIDENT vs. PARDON BY THE PRIVATE OFFENDED PARTY

PARDON OF THE PRESIDENT PARDON OF THE OFFENDED PARTY

1. Extinguishes the criminal liability of the offender It does not extinguish the criminal liability of the
offender
2. It does not include the civil liability to pay The offended party can waive the civil liability of the
offender
3. Granted only after conviction Must be made before the institution of the criminal
action in cases where the law allows pardon by the
offended party. Also it must be extended to both
offenders.

ENUMERATE THE PROPER ORDER OF PAYMENT OF THE PECUNIARY LIABILITIES OF THE

OFFENDER:

1. Reparation of the damage caused

2. Indemnification of consequential damages
3. The fine
4. Cost of the proceedings (Art.38)

Q: What is subsidiary imprisonment/penalty?

A: It is a personal liability to be suffered by the convict who has no property to pay the fine at the rate of
one day for each eight pesos. (Art. 39)

RULES TO BE OBSERVED IN SUBSIDIARY IMPRISONMENT

1. When the principal penalty is higher than prision correctional no subsidiary imprisonment shall be
impose.
2. If the principal penalty be prison correctional or arresto and fine, his subsidiary imprisonment shall
not exceed 1/3 of the term of the sentence, and in no case shall it continue for more than one year
3. When the principal penalty is only fine, subsidiary imprisonment shall not exceed six months, if the
offender is prosecuted for grave or less grave felonies, and shall not exceed 15 days if for a light
felony.
4. The subsidiary penalty which he may have suffered shall not relieve him from the fine in case his
financial circumstances should improve. (Art.39)

Note: Articles 40-44 are merely enumeration of accessory penalties for each penalty.

Q: What is to be done to the proceeds or instrument of a crime?

A: Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of
the crime and the instruments or tools with which it was committed. They shall be forfeited in favor of the
Government, unless they be the property of a third person not liable for the offense, but those articles which
are not subject of lawful commerce shall be destroyed. (Art.45)

Q: What is a complex crime?

A: There is a complex crime when a single act constitutes two or more grave or less grave felonies, or when
an offense is a necessary means for committing the other. (In which case the penalty for the more serious
crime shall be imposed in its maximum period-Art 48).28

TWO KINDS OF COMPLEX CRIMES:

28
Our rules on complex crime follow the pro reo principle
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1. When a single act constitutes two or more grave or less grave felonies- (compound crime or delito
compuesto)

2. When an offense is a necessary means of committing the other- (complex crime proper or delito
complejo)

Plurality of crimes- consist in the successive execution by one individual of different criminal acts upon
which no conviction is yet declared. It could either be formal or ideal plurality of which art. 48 is the best
example, that is there is only one criminal liability or real or material plurality where there are different
crimes in the eyes of the law and in the conscience of the offender. Hence in real or material plurality the
offender is punished for each and every offense that he committed.

Q: What is a continuing/continued/continuous crime?

A: It is a single crime, consisting of a series of acts all arising from one criminal resolution. It is a continuous,
unlawful act or series of act set on foot by a single impulse and operated by an unintermittent force,
however long time it may occupy.

COMPUTATION OF PENALTIES BY GRADUATION OF DEGREE 29

Consummated Frustrated Attempted

Principals 0 1 2
Accomplices 1 2 3
Accessories 2 3 4

Article 71 RPC. Graduated Scale

SCALE NO. 1

1. Death
2. Reclusion Perpetua
3. Reclusion Temporal
4. Prision Mayor
5. Prision Correctional
6. Arresto Mayor
7. Destierro
8. Arresto Menor
9. Public Censure
10. Fine

SCALE NO.2

1. Perpetual absolute disqualification

2. Temporary absolute disqualification
3. Suspension from public office, the right to vote and be voted for, and the right to follow a profession
or calling
4. Public censure
5. Fine

ARTICLE 62 REVISED PENAL CODE

29
This is a summary of the rules established in articles 50-57 RPC. A degree is one whole penalty or one entire penalty as
enumerated in the graduated scale in article 71. on the other hand, a period is one of the three equal portions which are known as
the minimum, medium and maximum.
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 1. Aggravating circumstances which in themselves constitute a crime especially punishable by law or
which are included by law in defining a crime and prescribing the penalty therefore shall not be taken
into account for the purpose of increasing the penalty.

a. When in the commission of a crime advantage was taken by the offender of his public position,
the maximum penalty shall be imposed regardless of mitigating circumstances.
b. The maximum penalty shall be impose if the offense was committed by any person who belongs to
an organized/syndicated group. An organized or syndicated group means a group of two or more
persons collaborating, confederating, or mutually helping one another for the purpose of gain in the
commission of a crime.

2. Aggravating or mitigating circumstances which arise from the moral attributes of the offender or from
his private relations with the offended party, or from any other personal cause, shall serve only to
aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such
circumstances are attendant.

The circumstances which consist in the material execution of the act, or in the means employed to
accomplish it, shall serve to aggravate or mitigate the liability of only those persons who had knowledge
of them at the time of the execution of the act or their cooperation therein.

Q: Who/What is a habitual delinquent?

A: A person shall be deemed a habitual delinquent if within a period of ten years from the date of his
release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa, or
falsification, he is found guilty of any of said crimes a third time or oftener.

PENALTY TO BE IMPOSE UPON A PERSON UNDER 18 YEARS OF AGE (Art. 68)

1. 9-15 = a discretionary penalty is imposed but always lowered by 2 degrees than that prescribed by
law for the crime he committed

2. Over 15 but under 18= a penalty next lower than that prescribed by law but always in the proper
period.

Q: What is the rule on successive service of sentence?

A: When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of
the penalties will permit so, otherwise the order of their respective severity shall be followed so that they
maybe executed successively or as nearly as may be possible, should a pardon have been granted as to
the penalty first imposed or should they have been carried out(Art. 70).

Q: Enumerate the proper order of severity of penalty from the highest to the lowest.
A: 1. Death
2. Reclusion perpetua
3. Reclusion temporal
4. Prision Mayor
5. Prision Correctional
6. Arresto mayor
7. Arresto menor
8. Destierro
9. Perpetual Absolute Disqualification
10. Temporary Absolute Disqualification
11. Suspension from public office, the right to vote and be voted for, profession
12. Public censure
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Q: What is the three fold rule in the service of sentence?
A: According to this rule, the maximum duration of the convict’s sentence shall not be more than threefold
the length of time corresponding to the most severe of the penalties imposed upon him. No other penalty to
which he may be held liable shall be inflicted after the sum of those imposed equals the said maximum
period.
Such maximum period shall in no case exceed forty years.

Q: What is a complex penalty?

A: It is a penalty prescribed by law composed of three distinct penalties, each forming a period, the lightest
of them shall be the minimum, the next the medium, and the most severe the maximum period.( ex.
Reclusion Temporal to Death)

Note: Articles 81-85 are provisions that have something to do with the death penalty. These provisions have
no longer any relevance except for academic purposes by reason of the enactment of RA 9346-An Act
Prohibiting the Imposition of the Death Penalty.30

Drugs Used in the three Drug-Rule:

1. Sodium Thipentotal- induces sleep.

2. Pancurium Bromide- paralyzes the muscles
3. Potassium Chloride- stops the heart beat

Q: Give the concept of the penalty of destierro.

A: Any person sentenced to destierro shall not be permitted to enter the places designated in the sentence,
nor within the radius therein specified, which shall not be more than 250 and not less than 25 kilometers
from the place designated. If he does he may be held liable for Evasion of service of sentence under
article 157 RPC.

DESTIERRO IS IMPOSED IN THE FOLLOWING:

4. Death or Serious Physical injuries inflicted under exceptional circumstances
5. When a person fails to give a bond for good behavior (Art. 284)
6. Penalty for concubine in concubinage ( Art. 334)

Art. 88. Arresto menor. — The penalty of arresto menor shall be served in the municipal jail, or in the
house of the defendant himself under the surveillance of an officer of the law, when the court so provides in
its decision, taking into consideration the health of the offender and other reasons which may seem
satisfactory to it.

There must be a court statement that the accused serve the sentence in his house. The grounds could be
for health reasons, and others (humanitarian) 

MODES OF TOTAL EXTINCTION OF CRIMINAL LIABILITY (Art. 89)

1. By the death of the convict, as to the personal penalties; as to pecuniary liabilities, it is

extinguished only when the death of the offender occurs before final judgment.

30
Under art 83- the death sentence shall be suspended when the woman is pregnant and within one year after delivery. Also the
death sentence shall not be inflicted upon a person over 70 years of age. Under article 85 it is prohibited to bury the dead body of a
person legally executed with pomp, otherwise the offenders are liable under article 153 on tumults and disturbances. But again,
these provisions no longer have any application. In retrospect it used to be that the Supreme Court automatically reviews the
decision of lower courts, whenever they imposed the penalty of death, reclusion perpetua or life imprisonment. However on July
7, 2004 in the case of People vs. Mateo, the Supreme Court said that such review should be undertaken by the Court of Appeals
first in pursuant to the hierarchy of courts doctrine.
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 2. By service of sentence;
3. By amnesty-an act of the sovereign power granting oblivion or a general pardon for past offense,
and is rarely exercised in favor of a single individual, and is usually exerted in behalf of certain
classes of persons who are subject to trail but not yet convicted.
4. By absolute pardon
5. Prescription of crime- the forfeiture or the loss of the right of the state to prosecute the offender
after the lapse of a certain time.
6. Prescription of Penalty- the loss or forfeiture of the right of the Government to execute the final
sentence after the lapse of a certain time.
7. Marriage of the offended party under Article 344 RPC

AMNESTY vs PARDON

AMNESTY PARDON
Made by the President with the concurrence of Made by the President alone
Congress
Usually extended to political crimes Extended to any type of crime
May be extended even before conviction or before May be given only after final conviction
trial
Looks backward Looks forward

PRESCRITION OF CRIMES

PENALTY PRESCRIBES IN..

1. death, reclusion perpetua and reclusion temporal 20 years

2. other afflictive penalties (prision mayor and DQ.) 15 years

3. punishable by correctional penalty (prision 10 years

correctional, suspension, destierro)

4. arresto mayor 5 years

5. libel 1 year
6. oral defamation and slander by deed 6 months
7. other light offenses 2 months

Art. 91. Computation of prescription of offenses. — The period of prescription shall commence to run
from the day on which the crime is discovered by the offended party, the authorities, or their agents, and
shall be interrupted by the filing of the complaint or information, and shall commence to run again when
such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped
for any reason not imputable to him.

The term of prescription shall not run when the offender is absent from the Philippine Archipelago.

* The period of prescription shall commence to run from the day on which the crime is discovered by the
offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or
information, and shall commence to run again when such proceedings terminate without the accused being
convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him. It shall not run when
the offender is absent from the Philippines (Art.91)

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 PRESCRIPTION OF PENALTIES31

PENALTY PRESCRIBES IN
Death and reclusion Perpetua 20 years
Other afflictive penalties 15 years
Correctional penalties 10 years
Arresto Mayor 5 years
Light penalties 1 year

* Prescription of penalties shall commence to run from the date when the culprit should evade the service
of his sentence, and it shall be interrupted if the defendant should give himself up, be captured, should go to
some foreign country with which the government has no extradition treaty, or should commit another crime
before the expiration of the period of prescription (Art.93)

MODES OF PARTIAL EXTINCTION OF CRIMINAL LIABILITY

1. By conditional pardon- a contract between the president and the convict the former will release the
latter upon compliance with certain conditions.
2. By commutation of sentence- it is the reduction of the period of imprisonment of the offender or
the amount of the fine.
3. For good conduct time allowance- are deductions from the term of the sentence for good behavior
of the convicted prisoner.
4. Parole- consists of the suspension of the sentence of a convict after serving the minimum term of
the indeterminate penalty.

Q: Who gives good conduct time allowance?

A: Director of Prisons.

Years of good behavior Allowance earned

1-2 years 5 days per month
3-5 years 8 days per month
6-10 years 10 days per month
11 up years 15 days per month

Q: What is the special allowance for loyalty?

A: It is a deduction of 1/5 of the period of sentence to any prisoner who, having evaded the service of his
sentence under the circumstances in art. 158 RPC, gives himself up to the authority within 48 hours
following the issuance of a proclamation announcing the passing away of the calamity.

Q: What is article 100 of the Revised Penal Code?

A: It says” every person criminally liable for a felony is also civilly liable.

Art. 102. Subsidiary civil liability32 of innkeepers, tavern keepers and proprietors of establishments-
In default of persons criminally liable, innkeepers, tavernkeeprs, and any other persons or corporations shall
be civilly liable for crimes committed in their establishments, in cases where a violation of municipal
ordinances or some general or special police regulations shall have been committed by them or their
employees.

31
To be operational, the prisoner must escape. One who has not been committed to prison cannot be said to have escaped
therefrom. See Del Castillo vs. Torrecampo 394 SCRA 221
32
Proof of due diligence of the employer in the selection and supervision of employees is not a defense on the part of the employer
and will not free him from subsidiary liability.
32
 Innkeepers are also subsidiary liable for the restitution of goods taken by robbery or theft within their
houses from guests lodging therein, or for the payment of the value thereof, provided that such guests shall
have notified in advance the innkeepers himself, or the person representing him, of the deposit of such
goods within the inn, and shall furthermore have followed the directions which such innkeepers or his
representative may have given them with respect to the care and vigilance over such goods. No liability
shall attach in case of robbery with violence against or intimidation of persons unless committed by the
innkeepers’ employees.

Art. 103. Subsidiary civil liability of other persons- The subsidiary liability established in the next
preceding article shall also apply to employers, teachers, persons, and corporations engaged in any kind of
industry for felonies committed by their servants, pupils, workmen, apprentices, or employees in the
discharge of their duties.

Art. 104. What is included in civil liability-

1. Restitution
2. Reparation of damage caused
3. Indemnification of consequential damage

Art. 105. Restitution how made- The restitution of the thing itself must be made whenever possible, with
allowance for any deterioration or diminution of value.

The thing itself shall be restored, even though it be found in the possession of a third person who has
acquired it by lawful means, saving to the latter his action against the proper person who may be liable to
him.

Art. 106. Reparation- The court shall determine the amount of damage, taking into consideration the price
of the thing, and its special sentimental value to the injured party.

Art. 107. Indemnification- Indemnification of consequential damages shall include not only those caused
the injured party, but also those suffered by his family or by third person by reason of the crime.
Modes of Extinction of Civil Liability- Civil liability is extinguished in the same manner as other
obligations, in accordance with the provisions of the Civil Code namely:

1. Payment or performance
2. Loss of the thing due
3. Condonation or remission of the debt
33
4. Confusion or merger of the rights of creditor and debtor
5. Compensation
6. Novation and others (See Art. 1231 Civil Code).

Compiled By: Mr. Makamasa A. Gapit

UNIVERSITY OF PERPETUAL HELP LAS PIÑAS/MOLINO

PAMANTASAN NG LUNGSOD NG MUNTINLUPA
DELA SALLE UNIVERSITY DASMARINAS
EMILIO AGUINALDO COLLEGE MANILA/CAVITE
PHILIPPINE COLLEGE OF CRIMINOLOGY
LYCEUM OF ALABANG

-While Under the Passionate Embraced Of-

Ms. Emma Lee Bunton

SAINT THERESA’S PRIMARY SCHOOL

SYLVIA YOUNG THEATER SCHOOL MARYLEBONE

REFERENCE and SUGGESTED READINGS:

The Revised Penal Code by: Luis B. Reyes

GLORIA IN EXCELSIS DEO!!!

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