Criminal Law 1

Atty. Dhea-Amor A Cabug

What is Criminal Law?

Criminal Law is a branch of public law that

treats of acts or omissions, which are
primarily wrongs against the State. Hence,
a criminal case is denominated “People of
the Philippines v. xxx”

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STATE AUTHORITY TO PUNISH CRIME

Art. II, Sec. 5 (1987 Constitution).Declaration of Principles and

State Policies. The maintenance of peace and order, the
protection of life, liberty and property, and promotion of the
general welfare are essential for the enjoyment by all the people
of the blessings of democracy.

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What are Penal Laws?
Penal Laws are acts of the Legislature
prohibiting certain acts or omissions and
establishing penalties for their violations.
Those that define crimes, treat their
nature, and provide for their punishment.

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 Elements of Penal Laws
1. The law must define a criminal act;
2. It must prescribe a penalty; and
3. It must be an act of the Legislature:

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 Constitutional limitations on the power of
Congress to enact penal laws:
1. The law must be general in application (equal protection).
2. It must observe substantive and procedural due process.
3. It should not impose cruel and unusual punishment or
excessive fines.
4. It should not operate as a bill of attainder.
5. It must not operate as an ex post facto law.

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EQUAL PROTECTION
Art. III, Sec. 1, 1987 Const. No person shall be
deprived of life, liberty, or property without due
process of law, nor shall any person be denied the
equal protection of the laws.

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DUE PROCESS
Art. III, Sec. 14 (1), 1987 Const.
No person shall be held to answer for a criminal
offense without due process of law.

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NON-IMPOSITION OF CRUEL AND UNUSUAL
PUNISHMENT OR EXCESSIVE FINES

Art III, Sec. 19, 1987 Const.

Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall death penalty be
imposed, unless, for compelling reasons involving heinous
crimes, the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion perpetua.

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Act Prohibiting the Imposition of Death Penalty in the
Philippines (RA 9346)

Repealed the law imposing lethal injection (R.A. 8177) and the law
imposing the death penalty (R.A. 7659) (Sec. 1)

This Act also imposes the punishment of reclusion perpetua for

offenses under any act using the nomenclature of the RPC (Sec. 2
(a)) and the punishment of life imprisonment for offenses under any
act which does not use the nomenclature of the RPC (Sec. 2(b)

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What is a bill of attainder?
It is a legislative act which inflicts
punishment without judicial trial. It
offends against the due process clause
and has features of ex post facto law. It
is an encroachment of judicial function
by the legislative.

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What is ex post facto law?
Literally means “from a thing done
afterward.” It refers to a criminal statute
that punishes actions retroactively,
thereby criminalizing conduct that was
legal when originally performed.

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Exception to ex post facto law:
Article 22. Retroactive effect of penal laws. - Penal
Laws shall have a retroactive effect insofar as they
favor the persons guilty of a felony, who is not a
habitual criminal, as this term is defined in Rule 5 of
Article 62 of this Code, although at the time of the
publication of such laws a final sentence has been
pronounced and the convict is serving the same.

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SOURCES OF CRIMINAL LAW
(1) The Revised Penal Code (Act No. 3815) -
Created pursuant to Administrative Order No. 94;
enacted January 1, 1932; based on the Spanish
Penal Code, US Penal Code, and Phil. Supreme
Court decisions.

(2) Special penal laws and penal Presidential

Decrees issued during Martial Law.

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Schools of Thought on Penal
Legislation
(1)Utilitarian Theory
Primary purpose: Protection of society from actual or
potential wrongdoers.

(2) Classical Theory

(a) Primary purpose:Retribution.
(b) Basis of criminal liability: Human free will.
(c) Endeavored to establish a mechanical and direct
proportion between crime and penalty; there is scant regard
to human element.

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(3) Positivist Theory
(a) Primary purpose: Reformation; prevention/correction.
(b) Basis of criminal liability: The sum of the social, natural and
economic phenomena to which the actor is exposed.

(4) Eclectic/Mixed
(a) Combines both positivist and classical thinking.
(b) Crimes that are economic and social by nature should be dealt
with in a positivist manner; thus, the law is more compassionate.
(c) Heinous crimes should be dealt with in a classical manner; thus,
capital punishment.
The Revised Penal Code today follows the mixed or
eclectic philosophy.

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CONSTRUCTION OF PENAL LAWS
Strict construction against the State and liberally in favor
of the accused

Pro Reo Doctrine – Whenever a penal law is to be

construed or applied and the law admits of two
interpretations - one lenient to the offender and one
strict to the offender, that interpretation which is lenient
or favorable to the offender will be adopted.

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Basis: The fundamental rule that all
doubts shall be construed in favor of the
accused and presumption of innocence of
the accused.

Art. III, Sec. 14 (2), 1987 Const. In all criminal

prosecutions, the accused shall be presumed innocent
until the contrary is proved.

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Equipoise Rule – When the evidence of the
prosecution and the defense are equally balanced, the
scale should be tilted in favor of the accused in
obedience to the constitutional presumption of
innocence. [Ursua v. CA (1996); Corpuz v. People
(1991)]

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SCOPE OF APPLICATION AND
CHARACTERISTICS OF PHILIPPINE
CRIMINAL LAW

Criminal law has three (3) characteristics:

(1) General
(2) Territorial
(3) Prospective

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Characteristics
Gen. Rule: The penal law of
of Penal Law the country is binding on all
persons who live or sojourn in
Philippine territory, subject to
1.Generality the principles of public
(persons to be governed) international law and to treaty
stipulations. [Art. 14, NCC]

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Exception to
Generality Rule
2. Art. 14, NCC. “xxx subject
1. Art. 2, RPC. “Except as provided
in the treaties or laws of to the principles of public
preferential application xxx”. international law and to
treaty stipulations.”

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Exception to
Generality Rule
2. Art. 14, NCC. “xxx subject
1. Art. 2, RPC. “Except as provided
in the treaties or laws of to the principles of public
preferential application xxx”. international law and to
treaty stipulations.”

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Illustration: Treaty Stipulations
Visiting Forces Agreement:
xx US military authorities shall have the primary
right to exercise jurisdiction over US personnel
subject to the military law of the US in relation to:
(i) Offenses solely against the property or security
of the US or offenses solely against the property or
person of US personnel; and (ii) Offenses arising
out of any act or omission done in performance of
official duty. xx

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Illustration:
Laws of Preferential Application
Any ambassador or public minister of any
foreign State, authorized and received as such
by the President, or any domestic or domestic
servant of any such ambassador or minister are
exempt from arrest and imprisonment and
whose properties are exempt from distraint,
seizure and attachment. (R.A. No. 75)

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Warship Rule
– A warship of another country, even
though docked in the Philippines, is
considered an extension of the
territory of its respective country. This
also applies to embassies.

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Principles of Public
International Law
Note:
The following persons are exempt from the
Consuls and consular officers are
provisions of the RPC:
NOT exempt from local
prosecution. [See Article 41,
(1) Sovereigns and other heads of state;
Vienna Convention on Consular
(2) Ambassadors, ministers, plenipotentiary,
Relations]
minister resident and charges d’ affaires.
(Article 31, Vienna Convention on Diplomatic
Relations

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2.Territoriality
Art. 2, RPC embraces two scopes of (2) Extraterritorial – refers to
the application of the Revised
applications:
Penal Code outside the Philippine
territory.
(1) Intraterritorial – refers to the
application of the RPC within the
Philippine territory (land, air and
water).

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2.Territoriality
Exception:
General rule: Penal laws of
Extraterritorial Crimes,
the country have force and which are punishable even if
effect only within its committed outside the
Philippine territory [Art. 2,
territory. RPC]

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What are the Extraterritorial
Crimes?

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;

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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.

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Par. 1: Crimes committed aboard Philippine ship or
airship:
The RPC is applied to Philippine vessels if the crime is
committed while the ship is treading:

(a) Philippine waters (intraterritorial), or

(b) The high seas i.e. waters NOT under the jurisdiction
of any State (extraterritorial)

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 Two rules as to jurisdiction over crimes committed aboard
merchant vessels while in the territorial waters of another country (i.e. a
foreign vessel treading Philippine waters OR Philippine vessels treading
foreign waters):

(1) French Rule: It is the flag or nationality of the vessel which determines
jurisdiction UNLESS the crime violates the peace and order of the host
country.

(2) English Rule: the location or situs of the crime determines jurisdiction
UNLESS the crime merely relates to internal management of the vessel.

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(a) The Philippines adheres to the ENGLISH RULE.

(b) However, these rules are NOT applicable if the vessel is on the high seas
when the crime was committed. In these cases, the laws of the nationality
of the ship will always apply.

(c) When the crime is committed in a war vessel of a foreign country, the
nationality of the vessel will always determine jurisdiction because war
vessels are part of the sovereignty of the country to whose naval force they
belong.

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Note: The country of registry determines the nationality of the
vessel, NOT ITS OWNERSHIP. A Filipino-owned vessel registered in
China must fly the Chinese flag.

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International Theories on Aerial Jurisdiction

(1) Free Zone Theory The atmosphere over the country is free and
not subject to the jurisdiction of the subjacent state, except for
the protection of its national security and public order.

(2) Relative Theory The subjacent state exercises jurisdiction over

the atmosphere only to the extent that it can effectively exercise
control thereof.

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(3) Absolute Theory The subjacent state has complete jurisdiction
over the atmosphere above it subject only to the innocent passage
by aircraft of a foreign country.

Under this theory, if the crime is committed in an aircraft, no

matter how high, as long as it can be established that it is within the
Philippine atmosphere, Philippine criminal law will govern.

Note: The Philippines adopts the Absolute Theory.

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Par. 2: Forging/Counterfeiting and Coins or Currency Notes
in the Philippines

Forgery is committed abroad, and it refers only to Philippine

coin, currency note, obligations and securities.

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Par. 3: Should introduce into the country the
abovementioned obligations and securities.

The reason for this provision is that the introduction of

forged or counterfeited obligations and securities into the
Philippines is as dangerous as the forging or counterfeiting
of the same, to the economic interest of the country

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Par. 4: When public officers or employees commit
an offense in the exercise of their functions.

Crime committed pertains to the exercise of the public

official’s functions: The crimes which may be committed
are:
(i) Direct bribery
(ii) Qualified Bribery
(iii) Indirect bribery
(iv) Corruption xxx

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The functions contemplated are those, which are,
under the law:

(a) to be performed by the public officer;

(b) in the foreign service of the Phil. government;
(c) in a foreign country.

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Par. 5: Commit any of the crimes against national
security and the law of nations, (Title One, Book 2, RPC)

Crimes against national security:

(i) Treason
(ii) Conspiracy and proposal to commit treason
(iii) Misprision of treason
(iv) Espionage

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Crimes against the law of nations:
(i) Inciting to war or giving motives for reprisals
(ii) Violation of neutrality
(iii) Correspondence with hostile country
(iv) Flight to enemy’s country
(v) Piracy in general and mutiny on the high seas or in Philippine
waters

Terrorism is now classified as a crime against national security and the law
of nations. (See R.A. 9372, Human Security Act of 2007).

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2.Prospectivity
Exception:
General rule:
Penal laws shall have a
Acts or omissions will only
retroactive effect,
be subject to a penal law if
insofar as they favor the
they are committed AFTER a
person guilty of a
penal law has taken effect.
felony. [Art. 22, RPC]

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Rationale for the prospectivity rule:
the punishability of an act must be
reasonably known for the guidance of
society.[Peo v. Jabinal].

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DIFFERENTIATING FELONIES, OFFENSE,
MISDEMEANOR AND CRIME
FELONY – refers only to violations of the Revised Penal Code.

OFFENSE – A crime punished under a special law is called a

statutory offense.

MISDEMEANOR –A minor infraction of the law, such as a violation

of an ordinance.

CRIME –Whether the wrongdoing is punished under the Revised

Penal Code or under a special law, the generic word “crime” can be
used.

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FELONIES: HOW COMMITTED
Felonies are committed not only by 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. [Art. 3, RPC]

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Classification of Crimes:
a. As to commission:
i. Dolo or felonies committed with
deliberate intent.

ii. Culpa or those committed by means

of fault.

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49
b. As to stage of execution:
i. attempted
ii. frustrated
iii. Consummated

The classification of stages of a felony in Article 6 is true only to crimes

under the Revised Penal Code. It does NOT apply to crimes punished under
special laws.
However, even certain crimes which are punished under the Revised Penal
Code do not admit of these stages.

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c. As to gravity
i. Grave felonies - are those to which the law
attaches the capital punishment or penalties which in
any of their periods are afflictive.
i) Reclusion perpetua
(ii) Reclusion temporal
(iii)Perpetual or Absolute DQ
(iv)Perpetual or Temporary Special DQ
(v) Prision mayor (vi) Fine more than P6,000

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ii. Less grave felonies - are those which the
law punishes with penalties which in their
maximum period are correctional:

(i) Prision correccional

(ii) Arresto mayor
(iii)Suspension
(iv)Destierro
(v) Fines equal to or more than P200

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iii. 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.

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d. As to count –
i. Composite
ii.compound
iii. complex
iv. continued
v. continuing

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e. As to Nature
i. Mala in se
ii.Mala prohibita

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What are crimes mala in se?

A crime or an act that is inherently

immoral or evil. e.g. Murder, robbery,
etc.

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What are crimes mala prohibita?

A crime or an act that is wrong or evil

because there is a law prohibiting it.
e.g. traffic laws, drug use etc.

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Mala in se vs. Mala prohibita
Mala in se Mala prohibita
the moral state of the offender Voluntariness, hence good faith or
hence, good faith or lack of lack of criminal intent is not a
Basis
criminal intent is a defense. defense, unless intent is an element
of the crime.
are taken into account in imposing
the penalty precisely because the
Are not considered because the law
offender’s moral is the basis OF
Modifying intends to discourage the
this crime. Hence, greater
circumstances commission of the act especially
perversity deserves a higher penalty
prohibited.
whereas lesser depravity deserves
mitigation.

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Mala in se vs. Mala prohibita
Mala in se Mala prohibita
The penalty is computed on the
The penalty on the offenders is the
basis of whether the malefactor is
Degree of same as they are all deemed
a principal offender, or merely an
participation principals, unless the SPL considers
accomplice or accessory.
them otherwise.

Violation of law is punished only

The penalty imposed depends on when accomplished or
Stage of whether the crime is consummated because intent is not
accomplishment consummated, frustrated, or relevant in crimes mala prohibita for
attempted. intent is inherent in the attempted
or frustrated stage.

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Mala in se vs. Mala prohibita
Mala in se Mala prohibita
Crimes mala in se generally involve Generally, not involved in crimes
moral turpitude for its basis is the mala prohibita for the act would not
Moral turpitude
moral state of the offender. have been wrong if not for the
prohibition by law.

Law violated Generally, the Revised Penal Code. Generally, Special Penal Laws.

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Motive – is the moving power or force (such as vengeance)
which impels a person to a desired result.

Intent– is the use of a particular means to bring about the

desire result. Intent is a mental state, thus the need to
determine it by the means used. This intent is
demonstrated by the overt acts of a person.

Discernment – is the mental capacity to tell right from

wrong. It is integral to the element of intelligence, NOT
intent.
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Elements of Felonies:
(1) There must be an act or omission (actus reus/physical
act)
Act: Any kind of body movement which tends to
produce some effect in the external world;
includes possession

Omission: The failure to perform a positive duty

which one is bound to do under the law

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(2) That the act or omission must be punishable by the
RPC.
It is important that there is a law requiring the
performance of an act; if there is no positive duty, there is
no liability.

(3) That the act is performed or the omission incurred by

means of dolo or culpa.

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 How Felonies are committed
and their requisites:

1. By means of deceit (dolo) 2. By means of fault (culpa)

(1) Freedom (1) Freedom
(2) Intelligence (2) Intelligence
(3)Criminal intent (3)Negligence, reckless
imprudence, lack of
foresight or lack of skill

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DOLO
Dolo is deliberate intent otherwise referred to as criminal
intent, and must be coupled with freedom of action and
intelligence on the part of the offender as to the act done by
him.

Intentional Felonies – The act or omission is performed or

incurred with deliberate intent (with malice) to cause an injury
to another.

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Requisites:
(1) Freedom
(a) Voluntariness on the part of the person who
commits the act or omission.
(b) If there is lack of freedom, the offender is exempt
from liability (i.e., presence of irresistible force or
uncontrollable fear)

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(2) Intelligence
(a) Capacity to know and understand the consequences of
one’s act.
(b) This power is necessary to determine the morality of
human acts, the lack of which leads to non-existence of a
crime.
(c) If there is lack of intelligence, the offender is exempt from
liability. (i.e., offender is an imbecile, insane or under 15 years of
age)

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3) Criminal Intent
(a) The purpose to use a particular means to effect a result.
(b) The intent to commit an act with malice, being purely a
mental state, is presumed (but only if the act committed is
unlawful).Such presumption arises from the proof of commission
of an unlawful act.
(c) However, in some crimes, intent cannot be presumed being an
integral element thereof; so it has to be proven.

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Example:

In frustrated homicide, specific intent to kill is not

presumed but must be proven; otherwise it is merely
physical injuries.

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Actus non facit reum, nisi mens sit rea – the act cannot
be criminal unless the mind is criminal. Hence, when intent
is absent as the mind is not criminal, no crime is
committed. This doctrine applies only to dolo.

Exception to the requirement of criminal intent:

(a) Felonies committed by CULPA.
(b) Offenses MALA PROHIBITA.

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Illustrations of culpa resulting to homicide:

1. Exhibiting a loaded revolver to a friend who was killed

by the discharge due to negligent handling;
2. Discharging a firearm from the window and killing a
neighbor who just at the moment leaned over the
balcony front;
3. To stop a fistfight, defendant fired his gun twice in the
air, and, as the bout ricocheted and hit a bystander who
died soon thereafter.

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Who are liable for a felony:

Article 4 of RPC. 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.

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

- When a person commits a felony with malice, he intends the

consequences of his felonious act.

Rationale: 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).

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Requisites:
(1) An intentional felony has been committed.
(a) The felony committed should be one
committed by means of dolo (with malice) because
Art. 4, Par. 1 speaks of wrongful act done different
from that which he intended.

(b) The act should not be punished by a special law

because the offender violating a special law may
not have the intent to do an injury to another.

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Requisites:

(c) No felony is committed when:

(i) the act or omission is not punishable by the RPC,
(ii) the act is covered by any of the justifying
circumstances enumerated in Art. 11.

(2) The wrong done to the aggrieved party be the direct,

natural and logical consequence of the felony committed
by the offender.

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Proximate cause- is that cause which, in its natural and continuous
sequence, unbroken by an efficient intervening cause, produces the
injury and without which the result would not have occurred.

Immediate cause – The last event in a chain of events, though not

necessarily the proximate cause of what follows.

Remote cause – A cause that does not necessarily or immediately

produce an event or injury.

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General rule: The offender is CRIMINALLY LIABLE for ALL the
natural and logical consequences of his felonious act, although not
intended, if the felonioous act, although not intended, if the
felonious act is the proximate cause of the resulting harm.

Thus, the person is still criminally liable although the wrongful act
done be different from that which he intended in the following
cases:

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Aberratio ictus
- mistake in the blow; when offender intending to do an injury to
one person actually inflicts it on another (Art. 48 on complex
crimes – penalty for graver offense in its maximum period)

(a) There is only one subject.

(b) The intended subject is a different subject, but the
felony is still the same.

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Error in personae or mistake in identity
- mistake in the identity of the victim; injuring one person
mistaken for another (Art. 49 – penalty for lesser crime in its
maximum period)

(a) At least two subjects

(b) A has intent to kill B, but kills C
(c) Under Art. 3, if A hits C, he should have no criminal
liability. But because of Art. 4, his act is a felony.

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Praeter intentionem

- the injury is on the intended victim but the resulting

consequence is much graver than intended.

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Mistake of fact

It is a reasonable misapprehension of fact on the part of the person

causing injury to another. Such person is NOT criminally liable as he
acted without criminal intent.
(a) Under this principle, what is involved is the lack of intent
on the part of the accused. Therefore, the defense of mistake of
fact is an untenable defense in culpable felonies, where there is
no intent to consider.

(b) An honest mistake of fact destroys the presumption of

criminal intent which arises upon the commission of a
felonious act.

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Requisites:
(1) That the act done would have been lawful had the facts
been as the accused believed them to be;

(2) That 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. When the accused is negligent,
mistake of fact is not a defense.[People v. Oanis (1993)]

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Illustration:
US v. Ah Chong (1910): A cook who stabs his roommate in the
dark, honestly mistaking the latter to be a robber responsible for a
series of break-ins in the area, and after crying out sufficient
warnings and believing himself to be under attack, cannot be held
criminally liable for homicide.

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Illustration:
(1) Would the stabbing be lawful if the facts were really what the houseboy
believed? Yes. If it was really the robber and not the roommate then the
houseboy was justified.

(2) Was the houseboy’s intention lawful? Yes. He was acting out of self-
preservation.

(3) Was the houseboy without fault or negligence? Yes. His deliberate intent
to defend himself with the knife can be determined by the fact that he cried
out sufficient warnings prior to the act.

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Illustration:
However, mistake of fact is NOT availing in People v. Oanis
(74 Phil. 257),because the police officers were at fault when they
shot the escaped convict who was sleeping, without first
ascertaining his identity. (It is only when the fugitive is determined
to fight the officers of law trying to catch him that killing the
former would be justified)

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CULPA
Culpa – The act or omission is not malicious; the injury caused being
simply the incident of another act performed without malice.

(a) Although there is no intentional felony, there could be

culpable felony.

(b) The element of criminal intent is replaced by

negligence, imprudence, lack of foresight or lack of skill.

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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.

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Impossible Crimes:
Elements:
a. The acts performed would have been a crime against persons
or property;
b. There is criminal intent; and
c. It is not accomplished because of inherent impossibility or
because the means employed is inadequate or ineffectual.

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Purpose of Punishing
Impossible Crimes:
– is to suppress criminal propensity or criminal
tendencies. Objectively, the offender has not
committed a felony, but subjectively, he is a criminal.

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Stages of accomplishment of a
felony:

Attempted Frustrated Consummated

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DEVELOPMENT OF A CRIME
(1) INTERNAL ACTS
(a) Intent, ideas and plans; generally not
punishable. The intention and act must
concur.
(b) Illustration: Ernie plans to kill Bert

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DEVELOPMENT OF A CRIME
(1) INTERNAL ACTS
(a) Intent, ideas and plans; generally not
punishable. The intention and act must
concur.
(b) Illustration: Ernie plans to kill Bert

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(2) EXTERNAL ACTS
(a) Preparatory Acts
(a) Acts tending toward the crime.
(b) Ordinarily not punished except when considered by law as
independent crimes (i.e. Art. 304 – possession of picklocks)
(c) Proposal and conspiracy to commit a felony are not
punishable except when the law provides for their punishment
in certain felonies.
(d) These acts do not yet constitute even the first stage of
the acts of execution.
(e) Intent not yet disclosed.
(f) Illustration: Ernie goes to the kitchen to get a knife

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(b) Acts of Execution
(a) Usually overt acts with a logical relation to a
particular concrete offense.
(b) Punishable under the RPC.
(c) Illustration: Ernie stabs Bert

“Overt acts” or external acts – those which if allowed to continue

will logically result in a felony; it is the start of criminal liability.

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A commission of the felony is deemed commenced when the
following are present:
(1) There are external acts.
(2) Such external acts have a direct connection with the
crime intended to be committed.

95
Elements of Attempted Felony:
(a) The offender commences the commission of
the felony directly by overt acts;
(b) He does not perform all the acts of execution
which should produce the felony;
(c) The non-performance of all acts of execution
was due to cause or accident other than his own
spontaneous desistance.

96
In the attempted stage, the overt act must be an external
one which has a direct connection with the felony, it being
necessary to prove that said beginning of execution, if
carried to its complete termination, following its natural
course without being frustrated by external obstacles nor
by the voluntary desistance of the offender, will logically
and necessarily ripen to a concrete offense.

97
Elements of Frustrated Felony:
(a) The offender performs all the acts of execution;
(b) All the acts performed would produce the felony
as a consequence;
(c) But the felony is not produced;
(d) By reason of causes independent of the will of the
perpetrator.

98
Elements of Frustrated Felony:
1. The offender performs all acts of
execution.
2. All these acts would produce the felony
as a consequence.
3. But the felony is NOT produced.
4. By reason of causes independent of the
will of the perpetrator.

99
Attempted vs. Frustrated
Attempted Frustrated
Not all acts of execution had been
As to acts of All acts of execution had been
done whereas.
execution performed.

As to causes of It is a cause or accident other than

It is some cause independent of the
non- the offender’s own spontaneous
will of the perpetrator.
accomplishment desistance.

10
0
(1) The end of the subjective phase and the beginning of the
objective phase. (Frustrated felony)

(2) Objective phase – the result of the acts of execution, that

is, the accomplishment of the crime.

(3) If the subjective and objective phases have been passed

there is a consummated felony.

10
1
What is Consummated Felony:

A felony is consummated when all the

elements necessary for its execution and
accomplishment are present .

10
2
Proposal and Conspiracy:
Conspiracy – exists when two or more persons come to an
agreement concerning the commission of a felony and decide to
commit it. (Article 8, RPC).

Proposal to commit a felony - when the person who has decided to

commit a felony proposes its execution to some other person or
persons. [Art. 8, RPC]

10
3
Proposal to commit a felony – when the
person who decided to commit a felony
proposes its execution to another.
Conspiracy to commit a felony – exists when
two or more persons come to an agreement
concerning the commission of a felony and
decide to commit it.

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4
General rule: Conspiracy and proposal to
commit a felony are not punishable

Exception: They are punishable only in the cases in

which the law specially provides a penalty therefore.

10
5
Two concepts of Conspiracy:
a. As crime by itself – the subject of
conspiracy is not yet committed but the mere
act of conspiring is defined and punished as a
crime.
E.g. proposal and conspiracy to commit
treason or rebellion.

10
6
b. As a basis of incurring liability
– the execution of the plan is commenced.
Conspiracy ceases to be the crime but is absorbed by
the crime itself.

10
7
Doctrine of Implied Conspiracy

– Conspiracy need not be direct but may be inferred from the

conduct of the parties, their joint purpose, community of
interest and in the mode and manner of commission of the
offense. [People v. Pangilinan (2003)]

– it is essential for criminal liability that the conspirator

participated in the commission of the crime.

10
8
 Conspiracy by prior agreement – a conspirator
is liable as long as he appeared in the situs of the
crime. But the mastermind or principal by
inducement is liable even if he does not appear
because the crime would not have been committed
without his inducement.

10
9
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 the
Revised Penal Code. [People v. Lagarto (1991)]
Requisites:
(1) Offender is on trial for an offense
(2) He was previously convicted by final judgment of another crime
(3) Both the first and second offenses are embraced in the same title
of the RPC (4) Offender is convicted of the new offense

11
0
HABITUALITY (REITERACION)
Requisites:
(1) Accused is on trial for an offense
(2) He previously served sentence
(a) for another offense to which the law attaches an equal or
greater penalty, OR
(b) for two or more crimes to which it attaches lighter penalty
than that for the new offense
(3) He is convicted of the new offense

11
1
QUASI-RECIDIVISM
- any person who shall commit a felony after having been
convicted by final judgment, before beginning to serve such
sentence, or while serving the same, shall be punished by
the maximum period of the penalty prescribed by law for the new
felony

11
2
QUASI-RECIDIVISM
- any person who shall commit a felony after having been
convicted by final judgment, before beginning to serve such
sentence, or while serving the same, shall be punished by
the maximum period of the penalty prescribed by law for the new
felony

11
3
Continuing crime (continuous or continued) - A single
crime, consisting of a series of acts but all arising from one
criminal resolution.

Continuing offense - A continuous, unlawful act or series

of acts set on foot by a single impulse and operated by an
unintermittent force, however long a time it may occupy.
Although there is a series of acts, there is only one crime
committed. Hence, only one penalty shall be imposed.

11
4
Continuing crime (continuous or continued) - A single
crime, consisting of a series of acts but all arising from one
criminal resolution.

Continuing offense - A continuous, unlawful act or series

of acts set on foot by a single impulse and operated by an
unintermittent force, however long a time it may occupy.
Although there is a series of acts, there is only one crime
committed. Hence, only one penalty shall be imposed.

11
5
COMPLEX CRIMES

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, the penalty for the most
serious crime shall be imposed, the same to be applied in its
maximum period

11
6
COMPLEX CRIMES

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, the penalty for the most
serious crime shall be imposed, the same to be applied in its
maximum period

11
7
TWO KINDS OF COMPLEX CRIMES

(1) Compound Crime (Delito Compuesto)

A single act results in two or more grave or less grave
felonies.
Requisites:
(a) That only a single act is performed by the offender
(b) That the single acts produces:
(i) 2 or more grave felonies, or
(ii) 1 or more grave and 1 or more less grave
felonies, or
(iii) 2 or more less grave felonies

11
8
Illustration:

The victim was killed while discharging his duty as barangay captain
to protect life and property and enforce law and order in his barrio.

The crime is a complex crime of homicide with assault upon a

person in authority

Light felonies produced by the same act should be

treated and punished as separate offenses or may be
absorbed by the grave felony

11
9
(2) Complex Crime Proper (Delito Complejo)
(a) An offense is a necessary means for committing
the other.
(b) In complex crime, when the offender executes
various acts, he must have a single purpose.
Requisites:
(1) That at least two offenses are committed
(2) That one or some of the offenses must be necessary to commit
the other
(3) That both or all the offenses must be punished under the same
statute.

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Illustration:

The LGU collecting officer falsified receipts to appear that lesser

amounts were paid and kept for himself the difference.

The crime is a complex crime of malversation through falsification

of documents.

12
1
SPECIAL COMPLEX/COMPOSITE CRIMES

The substance is made up of more than one crime but which

in the eyes of the law is only
(1) a single indivisible offense.
(2) all those acts done in pursuance of the crime agreed
upon are acts which constitute a single crime.

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2
Circumstances affecting
criminal liability
Justifying Exempting Mitigating

Aggravating Absolutory Extenuating

12
3
Justifying Circumstances:
those where the act of a person is said to be in accordance
with law, so that such person is deemed not to have transgressed the
law and is free from both criminal and civil liability. There is no civil
liability except in par. 4, Art. 11, where the civil liability is borne by the
persons benefited by the act.

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4
SIX TYPES of Justifying Circumstances:
(1) Self defense
(2) Defense of relatives
(3) Defense of strangers
(4) Avoidance of a greater evil
(5) Fulfillment of duty
(6) Obedience to an order issued for some lawful
purpose..

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5
Self-defense Defense of Relatives Defense of Strangers

12
6
Unlawful aggression

(a) Equivalent to an actual physical assault; OR threatened

assault of an immediate and imminent kind which is offensive
and positively strong, showing the wrongful intent to cause
harm.
(b) The aggression must constitute a violation of the law.

(c) Must come from the person attacked by the accused.

(d) Unlawful aggression must also be a continuing circumstance

or must have been existing at the time the defense is made.

12
7
Reasonable necessity of means employed to prevent or repel it

Test of reasonableness The means employed depends upon:

(a) nature and quality of the weapon used by the aggressor

(b) aggressor’s physical condition, character, size, and other
circumstances
(c) and those of the person defending himself
(d) the place and occasion of the assault.

12
8
Relatives entitled to defense: Stranger – any person not
(1) Spouse included in the enumeration of
(2) Ascendants relatives under [par. 2 of Art. 11]
(3) Descendants
(4) Legitimate, natural or adopted If the person being defended is a
Brothers/Sisters second cousin, it will be defense of
(5) Relatives by Affinity in the stranger.
same degree

12
9
Avoidance of a Greater Evil Elements:
(1) Evil sought to be avoided actually exists The evil or injury
sought to be avoided must not have been produced by the one
invoking the justifying circumstances.
(2) Injury feared be greater than that done to avoid it
(3) There is no other practical & less harmful means of
preventing it.

13
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Fulfillment of Duty or Lawful Exercise of Right or Office
Elements:
(1) Offender acted in performance of duty or lawful exercise
of a right or office;
(2) That the injury caused or the offense committed be the
necessary consequence of the due performance of duty or the
lawful exercise of such right or office.

13
1
Obedience to an order issued for some lawful purpose
Elements:
(1) Order must have been issued by a superior
(2) The order is for some lawful purpose
(3) The means used to carry it out must be lawful

A subordinate is not liable for carrying out an illegal order of his

superior if he is not aware of the illegality of the order and he is
not negligent.

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2
Exempting Circumstances:

-those grounds for exemption from punishment because there

is wanting in the agent of the crime any of the conditions which
make the act voluntary or negligent.

13
3
SIX TYPES of Exempting Circumstances:
(1) Imbecility/Insanity
(2) Minority
(3) Accident
(4) Compulsion of irresistible force
(5) Impulse of uncontrollable fear
(6) Insuperable or lawful cause

13
4
Insanity or Imbecility

Imbecile - One who, while advanced in age, has a mental

development comparable to that of a child between 2 and 7
years of age. Exempt in all cases from criminal liability

13
5
Insane
- There is a complete deprivation of intelligence in
committing the act but capable of having lucid intervals.
(a) During a lucid interval, the insane acts with
intelligence and thus, is not exempt from criminal
liability.
(b) Insanity is a defense in the nature of confession and
avoidance and must be proved beyond reasonable doubt.

13
6
Minority
Exemption from criminal liability:
(1) 15 yrs old or below at the time of commission of offense:
ABSOLUTELY EXEMPT from criminal liability but subject to
intervention program
(2) Over 15 yrs old but below 18: EXEMPT from criminal liability &
subject to intervention program If acted w/ discernment subject to
diversion program
(3) Below 18 yrs are exempt from: (a) Status offense (b) Vagrancy and
Prostitution (c) Mendicancy (PD1563) (d) Sniffing of Rugby (PD 1619)

13
7
Discernment
– mental capacity to understand the difference between right
and wrong as determined by the child’s appearance , attitude,
comportment and behavior not only before and during the
commission of the offense but also after and during the trial.

13
8
Automatic Suspension of Sentence

– Once the child who is under eighteen (18) years of age at the time of the
commission of the offense is found guilty of the offense charged, the court
shall determine and ascertain any civil liability which may have resulted from the
offense committed.
However, instead of pronouncing the judgment of conviction, the
court shall place the child in conflict with the law under suspended sentence,
without need of application: Provided, however, That suspension of sentence
shall still be applied even if the juvenile is already eighteen years (18) of age or
more at the time of the pronouncement of his/her guilt.

13
9
Accident

Accident - something that happens outside

the sway of our will and, although coming about
through some act of our will, lies beyond the bounds
of humanly foreseeable consequences.

14
0
Under Article 12, paragraph 4, the offender is exempt not only
from criminal but also from civil liability.
Elements:
(1) A person is performing a lawful act;
(2) With due care;
(3) He causes an injury to another by mere accident;
(4) Without fault or intention of causing it.

14
1
Irresistible Force
Elements:
(1) That the compulsion is by means of physical force;
(2) That the physical force must be irresistible;
(3) That the physical force must come from a third person

14
2
Uncontrollable Fear Elements:
(1) That the threat which causes the fear is of an evil greater than or at
least equal to, that which he is forced to commit;
(2) That it promises an evil of such gravity and imminence that the
ordinary man would have succumbed to it.

14
3
14
4
Insuperable or Lawful Causes

Insuperable means insurmountable.

A cause which has lawfully, morally or physically prevented a person
to do what the law commands.

Elements:
(1) That an act is required by law to be done;
(2) That a person fails to perform such act;
(3) That his failure to perform such act was due to some lawful or
insuperable cause

14
5
14
6
Battered Woman Syndrome - refers to a
scientifically defined pattern of psychological and
behavioral symptoms found in women living in
battering relationships as a result of cumulative
abuse.

14
7
Battered Woman Syndrome as a Defense. – Victim survivors
who are found by the courts to be suffering from battered
woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for
justifying circumstances of self-defense under the Revised
Penal Code.

14
8
Mitigating Circumstances
- or causas attenuates are those which, if present in
the commission of the crime, do not entirely free
the actor from criminal liability, but serve only to
reduce the penalty.

14
9
Ordinary vs. Privileged Mitigating Circumstance

Ordinary Mitigating Circumstance Privileged Mitigating

Circumstance
Can be offset by any aggravating Cannot be offset by aggravating
circumstance circumstance
If not offset by aggravating The effect of imposing upon the
circumstance, produces the effect offender the penalty lower by one
of applying the penalty provided by or two degrees than that provided
law for the crime in its min period by law for the crime.
in case of divisible penalty

15
0
12 Types of Mitigating Circumstances:
(1) Incomplete Justification and (7) Voluntary surrender
Exemption (8) Voluntary plea of guilt
(2) Under 18 or Over 70 years of age (9) Plea to a lower offense
(3) No intention to commit so grave a (10) Physical defect
wrong 11) Illness
(4) Sufficient Provocation or Threat (12) Analogous Circumstances
(5) Immediate vindication of a grave
offense
(6) Passion or obfuscation

15
1
Par. 1. Incomplete Justifying or Exempting
Circumstances:
(a) Incomplete self-defense, defense of relatives,
defense of stranger:
1) UNLAWFUL AGGRESSION must always
be present. It is an indispensable requisite.
2) but one or both of the other 2
requisites are not present in any of the
cases referred to in circumstances
number 1, 2 and 3 or Art. 11

15
2
(b) Incomplete justifying circumstance of
avoidance of greater evil or injury:

- if any of the last two requisites is lacking,

there is only a mitigating circumstance.
The first element is indispensable.

15
3
 c) Incomplete justifying circumstance of
performance of duty:

People v. Oanis (1943): The SC considered one of the 2

requisites as constituting the majority. It seems that there is no
ordinary mitigating circumstance under Art. 13 par. 1 when the
justifying or exempting circumstance has 2 requisites only.
Where only one of the requisites was present, Article 69 was
applied.

15
4
Incomplete exempting circumstance of
uncontrollable fear:
- If only one of these requisites is present, there is
only a mitigating circumstance.

15
5
Par. 2. Under 18 or Over 70 Years of Age
Legal effects of various ages of offenders:
(1) 15 and below - Exempting
(2) Above 15 but under 18 years of age, also an exempting circumstance, unless he
acted with discernment (Art. 12, par. 3 as amended by RA 9344). (3) Minor delinquent
under 18 years of age, the sentence may be suspended. (Art. 192, PD No. 603 as
amended by PD 1179)
(4) 18 years or over, full criminal responsibility.
(5) 70 years or over – mitigating, no imposition of death penalty; if already imposed.
Execution of death penalty is suspended and commuted.

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6
Par. 3. No intention to commit so grave a
wrong (Praeter Intentionem)

- There must be a notable disproportion between the means

employed by the offender and the resulting harm.

15
7
Par. 4. Sufficient Provocation or Threat
Elements:
(1) That the provocation must be sufficient
(2) That it must originate from the offended party
(3) That the provocation must be immediate to the
act, i.e., to the commission of the crime by the
person who is provoked

15
8
Par. 5. Immediate Vindication of a Grave Offense
Elements:
(1) That there be a grave offense done to the one committing the felony,
his spouse, ascendants, descendants, legitimate, natural or adopted
brothers or sisters, or relatives by affinity within the same degree.
(2) That the felony is committed in vindication of such grave offense. A
lapse of time is allowed between the vindication and the doing of the grave
offense.
(3) The vindication need not be done by the person upon whom the grave
offense was committed

15
9
Par. 6. Passion or obfuscation (Arrebato y Obcecacion)
Requisites:
(1) The accused acted upon an impulse
(2) The impulse must be so powerful that it naturally produces passion or
obfuscation in him.
(3) That there be an act, both unlawful and sufficient to produce such
condition of mind; and
(4) That said act which produced the obfuscation was not far removed from
the commission of the crime by a considerable length of time, during which
the perpetrator might recover his normal equanimity

16
0
Par. 6. Passion or obfuscation (Arrebato y Obcecacion)
Requisites:
(1) The accused acted upon an impulse
(2) The impulse must be so powerful that it naturally produces passion or
obfuscation in him.
(3) That there be an act, both unlawful and sufficient to produce such
condition of mind; and
(4) That said act which produced the obfuscation was not far removed from
the commission of the crime by a considerable length of time, during which
the perpetrator might recover his normal equanimity

16
1
Par. 7. Voluntary Surrender and Confession of Guilt

Two Mitigating Circumstances under This Paragraph:

(1) Voluntary surrender to a person in authority or his agents;
(2) Voluntary confession of guilt before the court prior to
the presentation of evidence for the prosecution

16
2
Par. 7. Voluntary Surrender and Confession of Guilt

Two Mitigating Circumstances under This Paragraph:

(1) Voluntary surrender to a person in authority or his agents;
(2) Voluntary confession of guilt before the court prior to
the presentation of evidence for the prosecution

16
3
PLEA OF GUILT
Requisites:
(1) That the offender spontaneously confessed his
guilt.
(2) That the confession of guilt was made in open
court, that is, before the competent court that is to
try the case; and
(3) That the confession of guilt was made prior to the
presentation of evidence for the prosecution.

16
4
Par. 8. Physical Defects
(a) This paragraph does not distinguish between educated and
uneducated deaf-mute or blind persons.
(b) Physical defect referred to in this paragraph is such as
being armless, cripple, or a stutterer, whereby his means to
act, defend himself or communicate with his fellow beings
are limited.
(c) The physical defect that a person may have must have a
relation to the commission of the crime.

16
5
Illustration 1:

Where the offender is deaf and dumb, personal property was

entrusted to him and he misappropriated the same. The crime
committed was estafa. The fact that he was deaf and dumb
is not mitigating since that does not bear any relation to the
crime committed.

16
6
Illustration 2:
If a person is deaf and dumb and he has been slandered, he
cannot talk so what he did was he got a piece of wood and
struck the fellow on the head. The crime committed was
physical injuries. The Supreme Court held that being a deaf
and dumb is mitigating because the only way is to use his
force because he cannot strike back in any other way.

16
7
Par. 9. Illness
Elements:
(1) That the illness of the offender must diminish the
exercise of his will-power
(2) That such illness should not deprive the offender of
consciousness of his acts. (a) When the offender completely
lost the exercise of will-power.

16
8
People v. Javier (1999):
Javier was married to the deceased for 41 years. He killed the
deceased and then stabbed himself in the abdomen. Javier was
found guilty of parricide. In his appeal, he claims that he killed his wife
because he was suffering from insomnia for a month and at the
time of the killing, his mind went totally blank and he did not know
what he was doing. He also claims that he was insane then.

Held: No sufficient evidence or medical finding was offered to

support his claim.

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9
Par. 10. Analogous Mitigating Circumstances:

(1) The act of the offender of leading the law enforcers to the place where
he buried the instrument of the crime has been considered as equivalent to
voluntary surrender.
(2) Stealing by a person who is driven to do so out of extreme poverty is
considered as analogous to incomplete state of necessity.
(3) Over 60 years old with failing sight, similar to over 70 years of age
mentioned in par. 2. (People v. Reantillo).
(4) Voluntary restitution of stolen goods similar to voluntary surrender
(People v. Luntao).

17
0
(5) Impulse of jealous feelings, similar to passion and obfuscation.
(People v. Libria).
(6) Extreme poverty and necessity, similar to incomplete
justification based on state of necessity. (People v. Macbul).
(7) Testifying for the prosecution, without previous discharge,
analogous to a plea of guilty. (People v. Narvasca).

17
1
Aggravating Circumstances:
- are those circumstances which raise the penalty for
a crime in its maximum period provided by law
applicable to that crime or change the nature of the
crime.

17
2
Kinds:
(1) GENERIC – Those that can generally apply to all crimes. A
generic aggravating circumstance may be offset by a
generic mitigating circumstance.

(2) SPECIFIC – Those that apply only to particular crimes. Nos. 3

(except dwelling), 15, 16, 17 and 21.

17
3
(3) QUALIFYING –Those that change the nature of the crime.
Art. 248 enumerate the qualifying AC which qualifies the killing of
person to murder. If two or more possible qualifying
circumstances were alleged and proven, only one would qualify
the offense and the others would be generic aggravating.

17
4
(4) INHERENT – Those that must accompany the commission of
the crime and is therefore not considered in increasing the
penalty to be imposed such as evident premeditation in theft,
robbery, estafa, adultery and concubinage.

17
5
(5) SPECIAL – Those which arise under special conditions to
increase the penalty of the offense and cannot be offset by
mitigating circumstances such as:
(a) quasi-recidivism (Art. 160)
(b) complex crimes (Art. 48)
(c) error in personae (Art. 49)
(d) taking advantage of public position and membership in an
organized/syndicated crime group (Art. 62)

17
6
Generic Aggravating Circumstances Qualifying Aggravating
Circumstances

The effect of a generic AC, not The effect of a qualifying AC is not

offset by any mitigating only to give the crime its proper and
circumstance, is to increase the exclusive name but also to place the
penalty which should be imposed upon author thereof in such a situation as
the accused to the MAXIMUM to deserve no other penalty than that
PERIOD. specially prescribed by law for said
crime.

17
7
It is not an ingredient of the crime. It The circumstance affects the nature
only affects the penalty to be of the crime itself such that the
imposed but the crime remains the offender shall be liable for a more
same serious crime. The circumstance is
actually an ingredient of the crime
The circumstance can be offset by Being an ingredient of the crime, it
an ordinary mitigating circumstance cannot be offset by any mitigating
circumstance

17
8
21 Aggravating Circumstances under Art. 14:
(1) Taking Advantage of Public Office
(2) In Contempt of or With Insult to Public Authorities
(3) With Insult or Lack of Regard Due to Offended Party by Reason of Rank,
Age or Sex
(4) Abuse Of Confidence And Obvious Ungratefulness
(5) Crime In Palace Or In Presence Of The Chief Executive
(6) Nighttime; Uninhabited Place; With A Band
(7) On Occasion Of A Calamity
(8) Aid Of Armed Men Or Means To Ensure Impunity
(9) Recidivism
(10) Reiteration or Habituality

17
9
(11) Price, Reward Or Promise
(12) Inundation, Fire, Poison
(13) Evident Premeditation
(14) Craft, Fraud Or Disguise
(15) Superior Strength Or Means To Weaken Defense
(16) Treachery
(17) Ignominy
(18) Unlawful Entry
(19) Breaking Wall, Floor, Roof
(20)With Aid Of Persons Under 15 By Motor Vehicle
(21) Cruelty

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0
Par. 13. That the act be committed with evident premeditation
Requisites:
(1) The time when the offender determined to commit the crime;
(2) An act manifestly indicating that the culprit has clung to his determination;
and
(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 is conscience to
overcome the resolution of his will. Evident premeditation implies
(a) a deliberate planning of the act
(b) before executing it.

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1
Par. 16. That the act be committed with treachery (alevosia)

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.

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2
Requisites:
(1) The employment of means of execution that gave the person
attacked no opportunity to defend himself or retaliate; and
(2) That the offender consciously adopted the particular means,
method or form of attack employed by him

18
3
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:
1) relationship
2) intoxication and
3) the degree of instruction and education of the
offender.

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4
Relationship

(a) Spouse
(b) Ascendant
(c) Descendant
(d) Legitimate, natural, or adopted Brother or Sister
(e) Relative by Affinity in the same degree of the offender

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5
Where relationship is exempting:
(i) An accessory who is related to the principal within the relationship prescribed
in Art. 20 except if accessory falls within Par. 1 of Art. 19;

(ii) A legally married person who having surprised his spouse in the act of
committing sexual intercourse with another person who shall inflict upon them
physical injuries of any other kind (i.e. less serious and slight physical injuries). [Art.
247, RPC]

(iii) Spouses, ascendants and descendants, or relatives by affinity in the same line
who committed the crime of theft, malicious mischief or swindling (estafa) but
there’s civil liability. [Art. 332, RPC]

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Where relationship is aggravating:

(i) In CRIMES AGAINST PERSONS in cases where:

(a) the offended party is a relative of a higher degree than the offender
(grandson kills grandfather), or
(b) when the offender and the offended party are relatives of the same
level, as killing a brother, a brother-in-law, a half-brother or adopted
brother.

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7
Where relationship is mitigating:

(i) In Crimes against property, by analogy to the provisions of Art. 332,

relationship is mitigating in the crimes of robbery (arts. 294-3-2),
usurpation (Art. 312), fraudulent insolvency (Art. 314) and arson (Arts.
321- 322, 325-326)
(ii) When the crime is less serious or slight physical injuries if the
offended party is a relative of a lower degree than the offender.

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Intoxication

When mitigating:
That offender is:
(a) not a habitual drinker and
(b) did not take alcoholic drink with the intention to reinforce his
resolve to commit crime

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Degree of Instruction/ Education

(a) Refers to the lack of sufficient intelligence of and knowledge

of the full significance of one’s act

(b) Being illiterate does not mitigate liability if crime committed

is one which one inherently understands as wrong (e.g. parricide)

(c) To be considered mitigating, degree of instruction must have

some reasonable connection to the offense.

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0
Absolutory Causes
– those where the act committed is a crime but
for reasons of public policy and sentiment there is no
penalty imposed.

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1
There are FOUR TYPES of absolutory circumstances:
(1) INSTIGATION
(2) PARDON
3) OTHER ABSOLUTORY CAUSES
(4) ACTS NOT COVERED BY LAW AND IN CASE OF
EXCESSIVE PUNISHMENT (ART. 5)

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2
 Entrapment Instigation
Ways and means are resorted to The instigator practically induces
for the purpose of trapping and the would-be accused into the
capturing the lawbreaker in the commission of the offense and
execution of his criminal plan himself becomes a co-principal.
The means originate from the The law enforcer conceives the
mind of the criminal. commission of the crime and
suggests to the accused who
carries it into execution.

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What is Entrapment?
- Entrapping persons into crime for the purpose of instituting criminal
prosecutions. It is a scheme or technique ensuring the apprehension of
the criminals by being in the actual crime scene.

The law officers shall not be guilty to the crime if they have done the following:
(a) He does not induce a person to commit a crime for personal gain or is not
involved in the planning of the crime.
(b) (b) Does take the necessary steps to seize the instrument of the crime and
to arrest the offenders before he obtained the profits in mind.

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Illustration:

A, a government anti-narcotics agent, acted as a poseur buyer

of shabu and negotiated with B, a suspected drug pusher who is
unaware that A is a police officer. A then paid B in marked
money and the latter handed over a sachet of shabu. Upon
signal, the cops closed in on B.

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5
What is Instigation?

The involvement of a law officer in the crime itself in the following

manner:
(a) He induces a person to commit a crime for personal gain.
(b) Doesn’t take the necessary steps to seize the instrument of the
crime & to arrest the offenders before he obtained the profits in mind.
(c) He obtained the profits in mind even through afterwards does take
the necessary steps seize the instrument of the crime and to arrest
the offenders

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Illustration:

A, leader of an anti-narcotics team, approached and persuaded

B to act as a buyer of shabu and transact with C, a suspected
pusher. B was given marked money to pay C for a sachet of
shabu. After the sale was consummated, the cops closed in and
arrested both B and C.

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 Entrapment Instigation
A person has planned or is about A public officer or a private
to commit a crime and ways and detective induces an innocent
means are resorted to by a public person to commit a crime and
officer to trap and catch the would arrest him upon or after
criminal. the commission of the crime by
the latter
Not a bar to the prosecution and The accused must be acquitted
conviction of the lawbreaker. because the offender simply acts
as a tool of the law enforcers

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Pardon
General rule: Pardon does not extinguish criminal action (Art 23).

Exception: Pardon by marriage between the accused and the

offended party in cases of SEDUCTION, ABDUCTION, RAPE AND
ACTS OF LASCIVIOUSNESS (Art 344)

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EXTENUATING CIRCUMSTANCES -
circumstances which mitigate the criminal liability of
the offender but not found in Article 13.

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Illustration: A kleptomaniac is criminally liable. But he
would be given the benefit of a mitigating
circumstance analogous to paragraph 9 of Article 13,
that of suffering from an illness which diminishes the
exercise of his will poser without, however, depriving
him of the consciousness of his act.

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Persons Criminally Liable/Degree of Participation
Under the Revised Penal Code, when more than one person
participated in the commission of the crime, the law looks
into their participation because in punishing offenders, the
Revised Penal Code classifies them as:
(a) PRINCIPAL
(b) ACCOMPLICE
(c) ACCESSORY

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Principal By Direct Participation
Elements:
(1) That they participated in the criminal resolution; and
(2) That they carried out their plan and personally took part
in its execution by acts which directly tended to the
same end.

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Who are liable? (participated in the criminal resolution):

(a) materially execute the crime;

(b) appear at the scene of the crime;
(c) perform acts necessary in the commission of the
offense.

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Principal By Inducement
Elements:
(1) That the inducement be made directly with the
intention of procuring the commission of the crime;
(2) That such inducement be the determining cause of the
commission of the crime by the material executor.

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When does a principal by induction become liable?
(a) The principal by induction becomes liable only when the
principal by direct participation committed the act induced.

(b) The inducement must precede the act induced and

must be so influential in producing the criminal act that
without it, the act would not have been performed.

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Illustration:

While in the course of a quarrel, a person shouted to A, “Kill

him! Kill him!” A killed the other person.

Held: No. The shouting must be an irresistible force for the

one shouting to be liable.

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Principal By Indispensable Cooperation
(1)Participation in the criminal resolution, that is, there is
either anterior conspiracy or unity of criminal purpose and
intention immediately before the commission of the crime
charged;
(a) Requires participation in the criminal resolution
(b) There must be conspiracy
(c) Concurrence is sufficient

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(2) Cooperation in the commission of the offense by
performing another act, without which it would not have
been accomplished.
(a) Cooperation must be indispensable
(b) If dispensable, accused is only an accomplice
(c) If cooperation is necessary in the execution of
the offense, accused is considered as a principal by
direct participation.

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Accomplice
– are persons who, not acting as principals,
cooperate in the execution of the offense by previous and
simultaneous acts, which are not indispensable to the
commission of the crime.

They act as mere instruments that perform acts

not essential to the perpetration of the offense.

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When is one regarded as an accomplice?
(1) Determine if there is a conspiracy.
(2) If there is, as a general rule, the criminal liability of all
will be the same, because the act of one is the act of all.

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ACCESSORIES When accessories are not
criminally liable:
(1)When the felony committed is a light felony
(2) When the accessory is related to the principal as
(a) spouse
(b) ascendant, or descendant, or
(c) brother or sister whether legitimate, or natural
or adopted or

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 (d) where the accessory is a relative by affinity
within the same degree.

Unless the accessory himself profited from the

effects or proceeds of the crime or assisted the offender
to profit therefrom.

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3
When one cannot be an accessory:
(1) he does not know the commission of the crime
(2) he participated in the crime as a principal or an
accomplice.

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When an accessory is exempt from criminal liability:
When the principal is his:
(1) spouse;
(2) ascendant;
(3) descendant;
(4) legitimate, natural or adopted brother, sister or relative
by affinity within the same degree.

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 Note: Even if only two of the principals guilty of
murder are the brothers of the accessory and the others
are not related to him, such accessory is exempt from
criminal liability.

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6
 When an accessory is NOT exempt from criminal
liability even if the principal is related to him:

If such accessory:

(1) profited from the effects of the crime, or

(2) assisted the offender to profit by the effects of the

crime.

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 When an accessory is NOT exempt from criminal
liability even if the principal is related to him:

If such accessory:

(1) profited from the effects of the crime, or

(2) assisted the offender to profit by the effects of the

crime.

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

219
Theories justifying penalty:
(1) PREVENTION – to suppress danger to the State
(2) SELF-DEFENSE – to protect the society from the threat
and wrong inflicted by the criminal.
(3) REFORMATION – to correct and reform the offender.
(4) EXEMPLARITY – to serve as an example to deter others
from committing crimes.
(5) JUSTICE – for retributive justice, a vindication of absolute
right and moral law violated by the criminal.

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GENERAL PRINCIPLES

Art. 21. Penalties that may be imposed. — No felony

shall be punishable by any penalty not prescribed by
law prior to its commission

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1
ACT PROHIBITING THE IMPOSITION OF DEATH
PENALTY IN THE PHILIPPINES (R.A. NO. 9346)

RA 9346 expressly repealed RA 8177 or “Act

Designating Death by Lethal Injection” and RA 7659
or “Death Penalty Law” RA 9346 repealed all the
other laws imposing death penalty

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2
CLASSIFICATIONS:
(a) PRINCIPAL PENALTIES – those expressly imposed by the
court in the judgment of conviction.

(b) ACCESSORY PENALTIES – those that are deemed included

in the imposition of the principal penalties.

(c) SUBSIDIARY PENALTIES – those imposed in lieu of principal

penalties, i.e., imprisonment in case of inability to pay the fine.

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3
PENALTIES WHICH MAY BE IMPOSED:
(1) Scale of Principal Penalties
(a) Capital punishment:
(i) Death.
(b) Afflictive penalties:
(i) Reclusion perpetua,
(ii) Reclusion temporal,
(iii)Perpetual or temporary absolute disqualification,

(iv)Perpetual or temporary special disqualification,

(v) Prision mayor.

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(c) Correctional penalties:
(i) Prision correccional,
(ii) Arresto mayor,
(iii) Suspension,
(iv) Destierro.
(d) Light penalties:
(i) Arresto menor,
(ii) Public censure.
(e) Penalties common to the three preceding classes:
(i) Fine, and
(ii) Bond to keep the peace.

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2) Scale of Accessory Penalties
(a) Perpetual or temporary absolute disqualification,
(b) Perpetual or temporary special disqualification,
(c) Suspension from public office, the right to vote and
be voted for, the profession or calling.
(d) Civil interdiction,
(e) Indemnification,
(f) Forfeiture or confiscation of instruments and
proceeds of the offense,
(g) Payment of costs

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DURATION AND EFFECT
Art. 22. Retroactive effect of penal laws. — Penal Laws shall have a
retroactive effect insofar as they favor the persons guilty of a felony,
who is not a habitual criminal, as this term is defined in Rule 5 of Article
62 of this Code, although at the time of the publication of such laws a
final sentence has been pronounced and the convict is serving the
same.

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22
8
22
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23
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23
1
Effect of pardon by the offended
party.
Art. 23. Effect of pardon by the offended party. —A pardon of
the offended party does not extinguish criminal action except
as provided in Article 344 of this Code; but civil liability with
regard to the interest of the injured party is extinguished by his
express waiver.

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2
Effect of pardon by the offended
party.
Art. 23. Effect of pardon by the offended party. —A pardon of
the offended party does not extinguish criminal action except
as provided in Article 344 of this Code; but civil liability with
regard to the interest of the injured party is extinguished by his
express waiver.

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3
RULES ON THE COMPUTATION OF
PENALTIES:
(1) WHEN THE OFFENDER IS IN PRISON – the duration of
temporary penalties is from the day on which the judgment of
conviction becomes final.

(2) WHEN THE OFFENDER IS NOT IN PRISON – the duration of penalty

consisting in deprivation of liberty, is from the day that the offender is
placed at the disposal of judicial authorities for the enforcement of the
penalty.

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4
(3) THE DURATION OF OTHER PENALTIES – the duration is
from the day on which the offender commences to serve his
sentence.

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5
Preventive Imprisonment:
Art. 29. Period of preventive imprisonment deducted from
term of imprisonment. Offenders 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 in the following cases:

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(a) When they are recidivists or have been convicted previously
twice or more times of any crime; and

(b) When upon being summoned for the execution of their

sentence they have failed to surrender voluntarily.

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If the detention prisoner 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 four-fifths of the
time during which he has undergone preventive imprisonment.
(As amended by Republic Act 6127, June 17, 1970).

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a) The accused undergoes preventive imprisonment when the
offense charged is nonbailable, or even if bailable, he cannot
furnish the required bail.

(b) The convict is to be released immediately if the penalty

imposed after trial is less than the full time or four-fifths of the
time of the preventive imprisonment

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9
(c) The accused shall be released immediately whenever he has
undergone preventive imprisonment for a period equal to or more
than the possible maximum imprisonment for the offense
charged.

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INDETERMINATE SENTENCE LAW (RA 4103, AS
AMENDED)
The Indeterminate Sentence is composed of:
(1) A MAXIMUM taken from the penalty imposable under the
penal code (considering attendant circumstances)
(2) A MINIMUM taken from the penalty next lower to that fixed
in the code.

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1
Purpose of the law:
To uplift and redeem valuable human material and prevent
unnecessary and excessive deprivation of liberty and economic
usefulness.
• It is necessary to consider the criminal first as an individual, and
second as a member of the society.
• The law is intended to favor the defendant, particularly to shorten
his term of imprisonment, depending upon his behavior and his
physical, mental and moral record as a prisoner, to be determined
by the Board of Indeterminate Sentence.

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2
PROCEDURE FOR DETERMING THE MAXIMUM AND
MINIMUM SENTENCE
(1) It consists of a maximum and a minimum instead of a single fixed
penalty.
(2) Prisoner must serve the minimum before he is eligible for parole.
(3) The period between the minimum and maximum is indeterminate
in the sense that the prisoner may be exempted from serving said
indeterminate period in whole or in part.
(4) The maximum is determined in any case punishable under the RPC
in accordance with the rules and provisions of said code exactly as if
the ISL had never been enacted.

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3
(5) Apply first the effect of privileged mitigating circumstances then
consider the effects of aggravating and ordinary mitigating
circumstances.

(6) The minimum depends upon the court’s discretion with the
limitation that it must be within the range of the penalty next lower in
degree to that prescribed by the Code for the offense committed.

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4
The law does not apply to certain offenders:
(1) Persons convicted of offense punished with death penalty or
life imprisonment (or reclusion perpetua).
(2) Those convicted of treason, conspiracy or proposal to
commit treason.
(3) Those convicted of misprision of treason, rebellion, sedition
or espionage.
(4) Those convicted of piracy.

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5
(5) Those who are habitual delinquents (but applies to
recidivists).
(6) Those who shall have escaped from confinement or evaded
service of sentence.
(7) Those who violated the terms of conditional pardon granted
to them by the Chief Executive.
(8) Those whose maximum term of imprisonment does not
exceed one year.
(9) Those who, upon the approval of the law, had been
sentenced by final judgment

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Conditions of parole
Sec. 6: Duty of the prisoner released under this Code:
Report personally to such government officials or other parole
officers appointed by the Board for a period of surveillance equivalent
to the remaining portion of the maximum sentence imposed upon him
or until final release by the Board. If it is shown that he is a law-abiding
citizen and did not violate any laws of the country, the Board may issue
a final certificate of release which will entitle him to final release and
discharge.

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Sec. 8: Violations of the conditions of the parole:
If he/she violates any of the conditions of the parole, the Board
may issue his warrant of arrest. If captured/arrested, he shall
serve the remaining unexpired portion of the maximum
sentence for which he was originally committed unless a new
parole was granted.

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8
Successive service of sentence.
(1) When the culprit has to serve 2 or more penalties, he shall
serve them simultaneously if the nature of the penalties will so
permit.

(2) Otherwise, the order of their respective severity shall be

followed.

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9
25
0
Three-fold Rule:
The maximum duration of the convict’s
sentence shall not be more than three times the
length of time corresponding to the most severe of
the penalties imposed upon him.

25
1
Three-fold Rule:
The maximum duration of the convict’s
sentence shall not be more than three times the
length of time corresponding to the most severe of
the penalties imposed upon him.

25
2
a) The phrase “the most severe of the penalties” includes equal
penalties.
(b) The three-fold rule applies only when the convict has to serve at
least four sentences.
(c) All the penalties, even if by different courts at different times,
cannot exceed three-fold the most severe.
(d) Court must impose all the penalties for all the crimes of which the
accused is found guilty, but in the service of the same, they shall not
exceed three times the most severe and shall not exceed 40 years.

25
3
Sample Computation for Indeterminate Sentence Law:

Homicide – Reclusion Temporal

Maximum – fixed by RPC
(Reclusion Temporal)
Minimum – next lower to that fixed in the
RPC ( Prision Mayor)

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4
EFFECTS OF MITIGATING AND AGGRAVATING
CIRCUMSTANCES
Cases where attending aggravating or mitigating
circumstances are not considered in the imposition of
penalties:
(1) Penalty that is single and indivisible
(2) Felonies through negligence
(3) When the penalty is a fine
(4) When the penalty is prescribed by a special law.

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5
Rules for the application of indivisible penalties:
(a) Penalty is single and indivisible
(1) The penalty shall be applied regardless of the
presence of mitigating or aggravating
circumstances.
(2) Ex. reclusion perpetua or death

25
6
Rules for the application of indivisible penalties:
(a) Penalty is single and indivisible
(1) The penalty shall be applied regardless of the
presence of mitigating or aggravating
circumstances.
(2) Ex. reclusion perpetua or death

25
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(b) Penalty is composed of 2 indivisible penalties:
(1) One aggravating circumstance present: HIGHER
penalty
(2) No mitigating circumstances present: LESSER
penalty
(3) Some mitigating circumstances present and no
aggravating: LESSER penalty
(4) Mitigating and aggravating circumstances offset
each other

25
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Rules for the application of DIVISIBLE PENALTIES

(1) No aggravating and No mitigating: MEDIUM PERIOD

(2) One mitigating: MINIMUM PERIOD
(3) One aggravating: (but regardless of the number of aggravating
circumstances, the courts cannot exceed the penalty provided by
law in its maximum period): MAXIMUM PERIOD
(4) Mitigating and aggravating circumstances present: to offset
each other according to relative weight
(5) 2 or more mitigating and no aggravating: one degree lower (has
the effect of a privileged mitigating circumstance)

25
9
Sample:

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0
Special rules for certain situations:

Complex Crimes:
Art. 48. Penalty for complex crimes. — 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, the penalty for the most serious
crime shall be imposed, the same to be applied in its
maximum period.

26
1
Ex: People v. Velasquez

Facts: Velasquez, poked a toy gun and forced Karen to go

with her at his grandmother’s house. Out of fear and not
knowing that the gun that Velasquez was holding is a mere
toy, Karen went with Velasquez. Velasquez then raped Karen
twice. The trial court convicted Velasquez of two counts of
rape.

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2
Held: Considering that Velasquez forcibly abducted Karen and
then raped her twice, he should be convicted of the complex crime
of forcible abduction with rape and simple rape.

The penalty for complex crimes is the penalty for the most
serious crime which shall be imposed in its maximum period. Rape is
the more serious of the two crimes and is punishable with reclusion
perpetua under Article 266-A of the Revised Penal Code and since
reclusion perpetua is a single indivisible penalty, it shall be imposed
as it is.

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3
Crimes Different from That Intended

Art. 49. Penalty to be imposed upon the principals when

the crime committed is different from that intended. — In cases
in which the felony committed is different from that which the
offender intended to commit, the following rules shall be
observed:

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4
 Either the crime committed be more grave than the
crime intended or the crime intended be more grave than
the crime committed, the penalty to be imposed should be
the penalty for the lesser felony in its MAXIMUM period.

Except: if the lesser felony constitutes an attempt

or frustration of another felony.

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5
Example:
If the crime intended was homicide, but the
crime committed was parricide, the penalty to be
imposed is the penalty for homicide in its
MAXIMUM period.

26
6
Impossible Crimes
Art. 59. Penalty to be imposed in case of failure to commit the
crime because the means employed or the aims sought are impossible. —
When the person intending to commit an offense has already performed
the acts for the execution of the same but nevertheless the crime was
not produced by reason of the fact that the act intended was by its nature
one of impossible accomplishment or because the means employed by
such person are essentially inadequate to produce the result desired by
him, the court, having in mind the social danger and the degree of
criminality shown by the offender, shall impose upon him the penalty of
arresto mayor or a fine from 200 to 500 pesos.
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7
Impossible Crimes
Art. 59. Penalty to be imposed in case of failure to commit the
crime because the means employed or the aims sought are impossible. —
When the person intending to commit an offense has already performed
the acts for the execution of the same but nevertheless the crime was
not produced by reason of the fact that the act intended was by its nature
one of impossible accomplishment or because the means employed by
such person are essentially inadequate to produce the result desired by
him, the court, having in mind the social danger and the degree of
criminality shown by the offender, shall impose upon him the penalty of
arresto mayor or a fine from 200 to 500 pesos.
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8
Where the Offender Is Below 18 Years
PD No. 603. ART. 192. Suspension of Sentence and
Commitment of Youthful Offender.

(1) If after hearing the evidence in the proper proceedings,

the court should find that the youthful offender has committed
the acts charged against him
(2) the court shall determine the imposable penalty,
including any civil liability chargeable against him.

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9
(3) However, instead of pronouncing judgment of conviction, the
court shall suspend all further proceedings and shall commit such
minor to the custody or care of the Department of Social Welfare,
or to any training institution
(4) until he shall have reached twenty-one years of age or, for a
shorter period as the court may deem proper,
(5) after considering the reports and recommendations of the
Department of Social Welfare or the agency or responsible
individual under whose care he has been committed.

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EXECUTION AND SERVICE EXECUTION OF PENALTIES.

No penalty shall be executed except by virtue of a final judgment.

A penalty shall not be executed in any other form than that
prescribed by law, nor with any other circumstances or incidents
than those expressly authorized thereby.

271
a) The judgment must be final before it can be executed, because
the accused may still appeal within 15 days from its promulgation.

(b) But if the defendant has expressly waived in writing his right to
appeal, the judgment becomes final and executory.

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2
Modification and Extinction of Criminal Liability
Two kinds of extinguishment of criminal liability:
TOTAL EXTINGUISHMENT
(1) By prescription of crime
(2) By prescription of penalty
(3) By the death of the convict
(4) By Service of sentence
(5) By Amnesty
(6) By Absolute Pardon
(7) By the marriage of the offended woman and the
offender in the crimes of rape, abduction, seduction and
acts of lasciviousness. (Art. 344)

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3
PARTIAL EXTINGUISHMENT
(1) By Conditional Pardon
(2) By Commutation of sentence
(3) For good conduct, allowances which the culprit may earn while
he is serving sentence
(4) By Parole (5) By Probation

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4
PRESCRIPTION OF CRIME

General rule: Prescription of the crime begins on the

day the crime was committed.

Exception: The crime was concealed, not public, in

which case, the prescription thereof would only
commence from the time the offended party or the
government learns of the commission of the crime.

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5
27
6
Computation of Prescription of Offenses (Art. 91)
(1) Commences to run from the day on which the crime is discovered by the
offended party, the authorities or their agents.
(2) Interrupted by the filing of complaint or information
(3) It shall commence to run again when such proceedings terminate without the
accused being convicted or acquitted, or unjustifiably stopped for any reason not
imputable to the accused. Note: Termination must be FINAL as to amount to a
jeopardy that would bar a subsequent prosecution.
(4) The term of prescription shall not run when the offender is absent from the
Philippine archipelago.
(5) For continuing crimes, prescriptive period cannot begin to run because the
crime does not end

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7
PROBATION LAW (PD 968, AS AMENDED)
Probation – a disposition under which a defendant, after
conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of a probation
officer.
Probationer – a person placed on probation

Probation officer – one who investigates for the court a referral

for probation or supervises a probationer or both.

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8
Purpose
(1) Promote the correction and rehabilitation of an offender by
providing him with individualized treatment.
(2) Provide an opportunity for the reformation of a penitent
offender which might be less probable if he were to serve a prison
sentence. (3) Prevent the commission of offenses

27
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Grant of probation, manner and conditions
The provision expressly prohibits the grant of an application for
probation if the defendant has perfected an appeal from the
judgment of conviction.

Petitioner’s right to apply for probation was lost when he

perfected his appeal from the judgment of the trial court

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When is the period for filing of probation?

Answer: Filing period is within the period for

perfecting an appeal.

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Does the law allow the simultaneous filing of
probation and appeal?

Answer: No. It’s either you file for probation or you file
for appeal. Only one choice, if you choose one then you
are barred from using the other.

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When shall probation be denied?
Answer: Probation shall be denied when:
(1) the offender is in need of correctional treatment that can be
provided most effectively by his commitment to an institution.
(2) there is undue risk that during the probation, the offender will
commit another crime.
(3) probation will deprecate the seriousness of the offense
committed.

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What if the offender violates the conditions of
his probation?
Answer: S/He shall serve the penalty imposed for the
offense under which s/he was placed on probation.

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What if the offender violates the conditions of
his probation?
Answer: S/He shall serve the penalty imposed for the
offense under which s/he was placed on probation.

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PARDON BY OFFENDED PARTY
A pardon of the offended party does not extinguish criminal action except as
provided in Article 344 of this Code; but civil liability with regard to the interest of
the injured party is extinguished by his express waiver.
This article states the extent of a pardon made by the offended party.

Under this article, a pardon does not extinguish the criminal liability of an offender
except for cases under Article 344 (Prosecution of the crimes of adultery,
concubinage, seduction, abduction, rape and acts of lasciviousness). But the civil
liability with regard to the interest of the injured party is extinguished.

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PARDON BY THE CHIEF EXECUTIVE
Absolute Pardon
An act of grace, proceeding from the power entrusted with the
execution of the laws. Exempts the individual from the penalty of the
crime he has committed.
Effects:
(1) A pardon shall not restore the right to hold public office or the right
of suffrage. Exception: When any or both such rights is or are expressly
restored by the terms of the pardon.
(2) It shall not exempt the culprit from the payment of the civil
indemnity. The pardon cannot make an exception to this rule

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AMNESTY

An act of the sovereign power granting oblivion or general

pardon for a past offense.

Rarely exercised in favor of a single individual; usually

extended in behalf of certain classes of persons who are
subject trial but have not yet been convicted.

Erases not only the conviction but the crime itself

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291
Thank You! ☺

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