CRIMINAL LAW BOOK ONE

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

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

SOURCES OF CRIMINAL LAW

1. Presidential Decrees
2. Act 3815 known as the Revised Penal Code
3. Codigo Penal De Espana (Spanish Penal Code)
4. Special Penal Laws passed by Congress

*The State has the power to define and punish crimes

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

CHARACTERISTICS OF CRIMINAL LAW:

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

EXCEPTIONS TO THE GENERAL CHARACTERISTICS

1. Persons who are exempt because of certain principles of international laws:
a. Sovereigns and other heads of states
b. Ambassadors, ministers plenipotentiaries, minister residents and charge d’ affaires.
2. As provided by treaty stipulations- RP-US VFA Agreements
3. As provided by laws of preferential applications- RA 75 grants protection to diplomatic representatives,
ambassador or other public ministers of foreign countries including their domestic servants authorized and
received by the President.

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

Q: What comprise the Philippine Territory?

Answer:

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

EXCEPTIONS TO THE TERRITORIAL CHARACTERISTICS

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

EXCEPTION TO THE PROSPECTIVE CHARACTER

1. When the new law favourable to the accused.
EXCEPTION TO THE EXCEPTION:
a. When the offender is a habitual criminal
b.When the new law expressly provides it has no application or retroactive effect to pending actions/cases
CONSTRUCTION OF PENAL LAWS:
1. If there is a conflict between the Spanish text and the English text, the Spanish text prevails.
2. Penal laws are strictly construed against the state and liberally in favour of the accused.

EFFECTS OF REPEAL OF A PENAL LAW:

1. If the new law is favourable to the accused in the sense that the penalty becomes lighter, then the new law shall
be applied except when the offender is a habitual delinquent.
2. But if the new law imposes a heavier penalty, the old law shall be applied, that is the law in forced at the time of
the commission of the offense shall be applied.

THEORIES IN CRIMINAL LAW:

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

The Revised Penal Code

 main source of our Criminal law, otherwise known as Act No.3815
 approved on Dec.8, 1930 and became effective on January 1, 1932 (The Old Penal Code took effect until December
31, 1931)
 composed of two books: Book One and Book Two
Book 1 consist of two parts:
Articles 1-20 : basic principles affecting criminal liability
Articles 21-113 : provisions on penalties
Book Two:
Articles 114-365 : contains the felonies defined with the corresponding penalties

RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANT VESSEL WHILE WITHIN PHILIPPINE WATERS:
1. French Rule- the crime is not triable in the courts of that country, unless their commission has effects on the
safety of the coastal state.
2. English Rule- the crime is punishable in the Philippines, unless the crime merely affects thing within the vessel.

LIMITATIONS ON THE POWERS OF CONGRESS TO MAKE LAWS

1. No Ex Post Facto Law shall be enacted
Ex Post Facto Law is a law that makes criminal an act done before the passage of the law and which was
innocent when done, and punishes such an act; it may also be defined as a law which aggravates a crime, or
makes it greater that it was, when committed.
2. No person shall be deprived of life, liberty or property without due process of law- The law must be fair and
reasonable and the accused must be given the opportunity to be heard and be accorded the rights to which he is
entitled.
3. No Bill of Attainder shall be passed.- A bill of attainder is a law which inflicts punishment without trial.
4. Excessive fines shall not be imposed nor cruel or unusual punishment.

Article 1. Time when Act 3815 takes effect- JANUARY 1, 1932

Article 2. Application of its provisions - Except as provided in the treaties and laws of preferential application, the
provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior
waters and maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book
Two of this Code.
3. 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;
4. Should be liable for acts connected with the introduction into these islands of the obligations and securities
mentioned in the presiding number; or
5. While being public officers or employees, should commit an offense in the exercise of their functions.

Article 3. Definitions- Acts and omissions punishable by law are felonies (delitos).

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.
ELEMENTS OF FELONIES IN GENERAL:
1. An act or omission
Act- is any bodily movement tending to produce some effects in the external world.
Omission- inaction, the failure to perform an act one is bound to do.
2. Act or omission is punishable by the RPC
3. Act is performed or omission is incurred by means of dolo or culpa.

DEVELOPMENT OF A CRIME:
1. INTERNAL ACT
2. EXTERNAL ACT
a. Preparatory acts
b. Acts of execution (Attempted, Frustrated,Consummated?

IMPRUDENCE VS. NEGLIGENCE

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

REQUISITES OF DOLO OR MALICE (INTENTIONAL FELONIES)

1. Freedom of action 2. Intelligence 3.Imprudence, negligence, or lack of foresight or lack of skill

Ignorantia legis non excusat- Ignorance of the law excuses no one

Ignorantia facti excusat- Latin legal maxim that means ignorance of a fact

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

REQUISITES OF MISTAKE OF FACT:

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

Case: U.S. vs. Ah Chong

People vs. Oanis

"Actus non facit reum, nisi mens sit rea," expounds a basic principle in criminal law that a crime is not committed if the
mind of the person performing the act complained of be innocent.
Actus me invito factus non est meus actus – An act done against my will is not my act.

Mala in Se Mala Prohibita

Wrongful in nature Made wrongful only by statute
Generally punished by RPC Punished by Special law
Those so serious as to call for unanimous condemnation Violations of mere rules of convenience designed to secure
a more orderly regulation of society’s affairs
Intent is necessary Intent not necessary

Intent Motive
The purpose to use a particular The reason or moving power which impels
means to effect such result one to commit an act for a definite res
ult
An element of the crime, except Not an element of the crime
in unintentional felonies

Essential in intentional felonies Essential only when the identity of the

perpetrator is in doubt

Article 4. Criminal Liability

Par. 1: Criminal Liability for a felony (delito) different from that which is intended to be committed
Reason: El que es causa dela causa es causa del mal causa- He who is the cause of the cause is the cause
of the evil caused (People v. Ural, G.R. No. L-30801, March 27, 1974
Thus, the person is still criminally liable although the wrongful act done be different from that which he intended:
1. Error in Personae – mistake in the identity of the victim (Art. 49 – penalty for lesser crime in its maximum period).
2. Aberratio ictus – mistake in the blow (Art. 48 on complex crimes – penalty for graver offense in its maximum period).
3. Praeter intentionem – injurious result is greater than that intended (Art. 13 – Mitigating Circumstance).
Requisites of Art 4 (1)
1. That an intentional felony has been committed; and
2. That the wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed
The felony done must be the proximate cause of the resulting injury.
Proximate cause -that cause which in the ordinary and continuous sequence, unbroken by any efficient
intervening cause produces the injury.
Efficient intervening cause- are those that break the relation of cause and effect. The felony committed is not
the proximate cause of the resulting injury when:
a. There is an active force that intervened between the felony committed and the resulting injury
b. The resulting injury is due to the intentional act of the accused

Instances when there is a proximate cause and when there is none:

Instance Criminally Liable?
When there is an intervening disease
If disease is closely related to the wound Yes
If disease is unrelated to the wound NO
If the disease is combined force with wound YES. Mortal wound is a combining factor to victim’s death.

NOTE: A mortal wound is a contributing factor when:

A. The wound is sufficient to cause the victim’s death along with the
disease
B. The mortal wound was cause by the actions committed by the accused

When the death was caused by an infection of the wound due to the unskilled medical treatment from the doctors

If the wound is mortal YES. Unskilled treatment and infection are NOT intervening causes

If the wound is slight NO. Unskilled treatment and infection are intervening causes

ARTICLE 4 (2) IMPOSSIBLE CRIME:

REQUISITES: (PEIN)
1. That the act performed would be an offense against Persons or property;
2. That the act was done with evil intent;
3. That its accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual; and
Inadequate – insufficient (e.g. small quantity of poison
Ineffectual – the means employed did not produce the result expected (e.g. pressed the trigger of the gun not
knowing that it is empty)

Inherent impossibility of its accomplishment:

Legal Impossibility – where the intended acts, even if completed would not amount to a crime,
Physical Impossibility – when extraneous circumstances unknown to the actor or beyond his control prevent the
consummation of the intended crime
4. That the act performed should not constitute a violation of another provision of the RPC
Felonies against persons are: (MHPI – DRAP)
Murder (Art. 248);
Homicide (Art. 249);
Parricide (Art. 246);
Infanticide (Art. 255);
Duel (Arts 260 and 261);
Rape (Art. 266-A);
Abortion (Arts 256, 257, 258 and 259) and
Physical Injuries (Arts 262, 263, 264, 265 and 266)

Felonies against property are: (BRUCT-SCAM)

Brigandage (Arts. 306 and 307);
Robbery (Art. 294, 297, 298, 299, 300, 302 and 303);
Usurpation (Arts. 312 and 313);
Culpable Insolvency(Art. 314);
Theft (Arts 308, 310 and 311);
Swinding and other deceits (Arts. 315, 316, 317 and 318);
Chattel Mortage (Art. 319);
Arson and other crimes involving destruction(Arts 320, 321, 322, 323, 324, 325 and 326); and
Malicious Mischief (Arts. 327, 328, 329, 330 and 321)
Article 5. Duty of the court in connection with acts which should be repressed but which are not covered by the law,
and in cases of excessive penalties. – Whenever a court has knowledge of any act which it may deem proper to repress
and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through
the Department of Justice, the reasons which include the court to believe that said act should be made the subject of
legislation.

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

Par. 1: Acts which should be repressed but which are not covered by law.
REQUISITES:
1. The act committed by the accused appears not punishable by any law;
2. But the court deems it proper to repress such act;
3. In that case, the court must render the proper decision by dismissing the case and acquitting the accused; and
4. The judge must then make a report to the Chief Executive, through Secretary of Justice, stating the reasons which
induce him to believe that the said act should be made the subject of penal legislation (REYES, Book One, supra at 90)
Outline of paragraph 1:
1. There is an act;
2. The act is reprehensible;
3. But the act is not punishable by law;
4. The court shall render the proper decision;
5. The court shall report to the Chief Executive through the DOJ
6. The report shall contain the reason why the said act should be more or less prohibited and penalized.

Par. 2: Excessive Penalties

REQUISITES:
1. The court after trial finds the accused guilty;
2. The penalty provided by law and which the court imposes for the crime committed appears to be clearly excessive
because:
a. The accused acted with lesser degree of malice, and/or
b. There is no injury or the injury caused is of lesser gravity;
3. The court should not suspend the execution of the sentence; and
4. The judge should submit a statement to the Chief of Executive, through the Secretary of Justice, recommending
executive clemency (Id. at91)

Outline of Paragraph 2:
1. There is an act;
2. This time the act is punishable by the law;
3. But the penalty for the act is clearly excessive;
4. The law has not yet been declared unconstitutional;
5. The court shall render the proper decision;
6. It shall report to the Chief Executive through the DOJ

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

Formal Crimes or Crimes of Effect – These are felonies which by a single act of the accused consummates the offense as
a matter of law
Materials Crimes- These are crimes which involve the three stages or execution (REYES, Book One supra at 123)

A felony is CONSUMMATED when all the elements necessary for its execution and accomplishment are present; and it is
FRUSTRATED when the offender performs all the acts of execution which would produce the felony as a consequence
but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.
There is an ATTEMPT (ED) when the offender commences the commission of a felony directly or over acts, and does not
perform all the acts of execution which should produce the felony by reason of some cause or accident other than his
own spontaneous desistance.

STAGES IN THE EXECUTION OF A FELONY

1. Attempted- when the offender commences the commission of a felony directly by overt acts, and does not
perform all the acts of execution which should produce the felony by reason of some cause or accident other
than his own spontaneous desistance.
2. Frustrated- when the offender performs all the acts of execution which would produce the felony as a
consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the
perpetrator.
3. Consummated- when all the elements necessary for its accomplishment and execution are present
 DEVELOPMENT OF A CRIME
1. Internal Acts- these are the mere ideas in the mind of a person
2. External Acts-
a. Preparatory Act- ordinarily not punishable
b. Acts of execution- they are the stages. Already punishable.

ATTEMPTED FELONY REQUISITES

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

When is a felony commenced by over acts?

a. There must be external act.
b. The external act must have direct connection with the crime intended to be committed;
Case: People vs. Lamahang

INDETERMINATE OFFENSE- It is one where the purpose of the offender in performing an act is not certain.
Case: People vs. Baleros

PREPARATORY ACT vs OVERT ACT

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

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

FRUSTRATED FELONY REQUISITES

1. Offender performs all the acts of execution
2. Felony is not produced
3. By the reason of cause independent of the will of the perpetrator

Factors in determining the stage of execution of felony (how to determine whether a crime is attempted, frustrated or
consummated): MEN
 Manner of committing the felony
 Elements constituting the felony; and
 Nature of the offense (REYES, Book One, supra at 114)

FORMAL CRIMES vs. MATERIAL CRIMES

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

Art. 7. When light felonies are punishable- Light felonies are punishable only when they have been consummated, with
the exception of those committed against person or property.

Art. 8. Conspiracy and proposal to commit felony-

GENERAL RULE: Mere conspiracy or proposal to commit a felony is not punishable since they are only preparatory acts.
EXCEPTION: In cases in which the law specifically provides a penalty therefor.

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

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

Conspiracy and Proposal to Commit a Felony- is punishable only in the cases in which the law specifically provides a
penalty therefore.
Cases where mere conspiracy is already punishable:
1. Conspiracy to commit arson under PD 1602;
2. Conspiracy to commit treason (Art. 115)
3. Conspiracy in restraint of trade or commerce (Art. 186)
4. Conspiracy to commit sedition (Art. 141)
5. Conspiracy to commit terrorism under RA 9372- Human Security Act of 2007
6. Conspiracy to commit rebellion or insurrection (Art. 136)
Cases where mere proposal is already punishable:
1. Proposal to commit rebellion or insurrection (Art. 136)
2. Proposal to commit treason (Art. 115)

“Act of One is Act of All.”

Art. 9. Grave felonies, less grave felonies and light felonies.

Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are
afflictive, in accordance with Art. 25 of this Code.
Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in
accordance with the above-mentioned Art..
Light felonies are those infractions of law for the commission of which a penalty of arresto menor or a fine not
exceeding 200 pesos or both; is provided.

PRINCIPAL PENALTIES
Capital Punishment:
Death (Ra 9346- An Act Prohibiting The Imposition Of Death Penalty In The Philippines -June 24,
2006)
Afflictive Penalties
Reclusion perpetua- 20 yrs. + 1 day to 40 yrs
Reclusion temporal- 12 yrs. + 1 day to 20 yrs
Perpetual or temporary absolute disqualification - 6 yrs. + 1 day to 12 yrs.
Perpetual or temporary special disqualification - 6 yrs. + 1 day to 12 yrs.
Prision Mayor - 6 yrs. + 1 day to 12 yrs.

Correctional penalties
Prision correctional - 6 mos. + 1 day to 6 yrs
Arresto Mayor - 1 month + 1 day to 6 mos.
Suspension - 6 mos. + 1 day to 6 yrs.
Destierro - 6 mos. + 1 day to 6 yrs.

Light Penalties
Arresto Menor - 1 day to 30 days
Public censure

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

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

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

CIRCUMSTANCES AFFECTING ONES CRIMINAL LIABILITY

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

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

JUSTIFYING CIRCUMSTANCES

Justifying circumstances - those where the act of a person is said to be in accordance with the law. As a consequence he
is freed from criminal and civil liability.
Enumerate the Justifying Circumstances:
1. Self defense
2. Defense of relatives
3. Defense of strangers
4. Avoidance of greater evil
5. Fulfillment of duty
6. Obedience to order of superior

(Complete) Version Short Version

1. Anyone who acts in defense of his person or rights Self defense
2. Anyone who acts in defense of the person or rights of his spouse, Defense of relatives
ascendants, descendants, or legitimate, natural or adopted brothers
or sisters, or his relatives by affinity in the same degrees and those
consanguinity within the fourth civil degree, provided that the first
and second requisites prescribed in the next preceding
circumstance are present, and the further requisite, in case the
revocation was given by the person attacked, that the one making
defense had no part therein
3. Anyone who act in defense of the person or rights of a stranger, Defense of strangers
provided that the first and second requisites mentioned in the first
circumstance of this article are present and that the person
defending be not induced by revenge, resentment, or other evil
motive
4. Any person who, in order to avoid an evil or injury, does not act Avoidance of greater evil
which causes damage to another, provided that the following
requisites are present:
First: That the evil sought to be avoided actually exists;
Second: That the injury feared be greater than that done to avoid it;
Third: That there be no other practical and less harmful means of
preventing it.
5. Any person who acts in the fulfillment of a duty or in the lawful Fulfillment of duty
exercise of a right or office.
6. Any person who acts in obedience to an order issued by a Obedience to order of superior
superior for some lawful purpose.

Q: Who has the burden to prove self defense?

A: The defense (accused)

REQUISITES OF SELF DEFENSE (URL)

1. Unlawful aggression;
Unlawful aggression is the first and indispensable requisite of self defense. Self defense may also include
defense of honor, property and others of a kindred kind. Mere or light push is not unlawful aggression. So as insulting
words or foot kick greeting. But a slap on the face is unlawful aggression. The mere thrusting into one’s pocket as if for
the purpose of drawing a weapon is not unlawful aggression. Even the cooking of a rifle without aiming the firearm at
any particular target is not unlawful aggression.
Unlawful aggression- is assault or at least threatened assault of an immediate and imminent kind.
 When the aggressor flees, there is no more unlawful aggression
 But when he retreats to take advantage of a better position, unlawful aggression still exists.
 There is no unlawful aggression when there is an agreement to a fight.
 Rights involved in self defense includes defense of honor and property.
2. Reasonable necessity of the means employed to prevent or repel it;
3. Lack of sufficient provocation on the part of the person defending himself

Retreat to the wall doctrine Stand ground when in the right

1. An accident common law rule in homicide which A rule which states that where the accused is
made it the duty of a person assailed to retreat as where he has the right to be, the law does not
far as he can before he is justified in meeting force require him to retreat when his assailant is
with force. advancing upon him with a deadly weapon.
2. No longer followed in the Philippines It is currently the rule in the Philippines

Case: People vs. Jaurigue

People vs. Apolinar
 The belief of the accused is considered in determining the existence of unlawful aggression
 But a mere threatening attitude is not unlawful aggression.
 Cases where the unlawful aggressor is disarmed
 The defender must not indiscriminately fire his weapon
TEST OF REASONABLENESS IN DETERMINING WHETHER THERE IS SELF DEFENSE.⁷
1. Nature of the weapon used by the aggressor
2. Quality of his weapon
3. The physical conditions of both parties
4. Place of the aggression and others⁸.

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

THINGS TO REMEMBER IN PROVOCATION:

1. There must be no provocation made by the one claiming self defense;
2. Even if provocation was given, it must be sufficient provocation;
3. Even if the provocation was sufficient, but it was not given by the person claiming self-defense then there is self
defense.

DEFENSE OF RELATIVES REQUISITES

1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. In case the provocation was sufficient, but it was not given by the person claiming self-defense then there is self
defense.

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

TABLE OF RELATIVES BY CONSTAGUINITY THAT MAY BE DEFENDED

RELATIONSHIP BROTHERS/SISTERS UNCLE, AUNT, NIECE FIRST COUSINS
AND NEPHEW
DEGREE 2ND DEGREE 3RD DEGREE 4TH DEGREE

DEFENSE OF STRANGERS REQUISITES

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

DIFFERENCE BETWEEN SELF DEFENSE, DEFENSE OF RELATIVES AND DEFENSE OF STRANGERS

SELF DEFENSE DEFENSE OF RELATIVES DEFENSE OF STRANGERS

1. Unlawful aggression 1. Unlawful aggression 1. Unlawful aggression
2. Reasonable necessity of 2. Reasonable necessity of 2. Reasonable necessity
the means employed to the means employed to of the means
prevent or repel it prevent or repel it employed to prevent
or repel it
3. Lack of sufficient 3. In case the provocation 3. The one defending is
provocation on the part of was given by the person not induced by hatred
the person defending himself attacked the one making revenge or other evil
defense had no part motive
therein

AVOIDANCE OF GREATER EVIL REQUISITES/STATE OF NECESSITY

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

FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHT OR OFFICE REQUISITES

1. The accused acted in the performance of duty or in the lawful exercise of a right or office.
2. The injury caused is the consequence of the due performance¹⁰ of duty or the lawful exercise of such right or office.
Case: People vs. De lima 46 Phil. 738

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

OBEDIENCE TO ORDER ISSUED BY A SUPERIOR REQUISITES

2. A lawful order has been issued by a superior;
3. The means used by the accused subordinate to carry out said order is lawful
 EXEMPTING CIRCUMSTANCES

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

ENUMERATE THE EXEMPTING CIRCUMSTANCES:

1. Imbecility; insanity (unless the latter acted during a lucid interval)
2. A person under 9
3. A person over 9 and under 15 unless he has acted with discernment.
4. Accident
5. Uncontrollable fear
6. Lawful or insuperable cause.

Long Version Short Version

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

When the imbecile or an insane person has committed an act

which the law defines as a felony (delito), the court shall order
his confinement in one of the hospitals or asylums established
for persons thus afflicted, which he shall not be permitted to
leave without first obtaining the permission of the same court.
2. A person under nine years of age. (Repealed by RA 9344- Minority
Juvenile Justice and Welfare Act
3. A person over nine years of age and under fifteen, unless he Minority
has acted with discernment, in which case, such minor shall be
proceeded against in accordance with the provisions of Art. 80 of
this Code. (Repealed by RA 9344)
4. Any person who, while performing a lawful act with due care, Accident
causes an injury by mere accident without fault or intention of
causing it.
5. Any person who act under the compulsion of irresistible force. Irresistible Force
6. Any person who act under the impulse of an uncontrollable Uncontrollable Fear
fear of an equal or greater injury.
7. Any person who fails to perform an act required by law, when Lawful or Insuperable Cause
prevented by some lawful insuperable cause
8. Any person who act under the compulsion of irresistible force. Irresistible Force

Imbecile- One who is old but has a mental development similar to children between the ages 2-7 years.
Insanity- one which exists when there is a complete deprivation of intelligence in committing the criminal act, that is the
accused is deprived of reason and acts without the least discernment.

The condition known as dementia praecox is covered by the term insanity. So as Epilepsy may be covered by the term
insanity. However, that Kleptomania is also covered is still a debatable proposition. Somnambulism may be a cause for
exemption for lack of criminal intent.

Q: Who has the burden to prove insanity?

A: Defense (Accused)

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

Discernment- the mental capacity of a minor to distinguish between right from wrong and to fully appreciate the
consequences of his felonies acts. It may be shown by:
a. Manner of committing the crime,
b. Conduct of the offender
c. Such other circumstances¹³

REPUBLIC ACT 9344- AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM (Juvenile
Justice and Welfare Act of 2006)

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

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

Status Offense- offenses which discriminate only against a child while an adult does not suffer any penalty for
committing similar acts. Examples are: curfew violations, truancy, parental disobedience.
Section 6 RA 9344 says: A child 15 years of age or under at the time of the commission of the offense shall be exempt
from criminal liability.

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

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

ACCIDENT REQUISITES
1. A person performs a lawful act;
2. With due care;
3. He causes an injury to another;
4. Without fault or intention of causing it.

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

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

LAWFUL OR INSUPERABLE CAUSE

1. Art. 247. Death or physical injuries under exceptional circumstances
2. Art. 280 (3) trespass
3. Art. 332. Persons exempt from criminal liability
4. Art. 20. Accessories exempted
5. Art. 6 on spontaneous desistance
6. Instigation- one which takes place when a peace officer induces a person to commit a crime. Without the
inducement, the crime would not be committed. It exempts one from criminal liability.

ENTRAPMENT vs. INSTIGATION

ENTRAPMENT INSTIGATION
1. Ways and means are resorted to for the Here, the police practically induces the accused
purpose of trappings and capturing the to the commission of the offense and he himself
lawbreaker in the execution of his plans becomes a co-principal
2. The intent to violate the law originated The intent to violate the law did not originate
from the accused himself from the accused as he was induced only by the
police to perform a criminal act
3. Not an absolutory cause hence does not An absolutory cause that exempts one from
exempt from criminal liability criminal liability

PEOPLE OF THE PHILIPPINES vs. MARIVIC GENOSA 419 SCRA 542

(BATTERED WOMAN SYNDROME)

Battered Wife- a woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in
order to do something he wants her to do without concern for her rights. It includes wives or woman in any form of
intimate relationship with a man. The couple must go through the battering cycle at least twice.
Q: What are the cycles of violence in BWS?
A: 1. Tension Building Stage- where minor battering occurs
2.Acute Battering Incident- characterized by brutality, destructiveness and death.
3.Tranquil or loving phase- The batterer shows loving caring nurture to the victim.

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

ENUMERATE THE MITIGATING CIRCUMSTANCES

1. Incomplete justifying or exempting circumstance
2. Under 18
3. No intention to commit so grave a wrong (praeter intentionem)
4. Sufficient provocation or threat
5. Vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender/ voluntary confession of guilt
8. Deaf, dumb, blind and other physical defects
9. Illnesses which diminish will power
10. Analogous circumstances
 Long (Complete) Version Short Version
1. Those mentioned in the preceding chapter, when all the Minority (Under 18)
requisites necessary to justify or to exempt from criminal liability
in the respective cases are not attendant.¹⁵
2. That the offender is under eighteen year of age or over seventy Minority (Under 18)
years. In the case of the minor, he shall be proceeded against
accordance with the provisions of Art. 80. (Correlate with RA
9344)
3. That the offender had no intention to commit so grave a wrong Praeter Intentionem
as that committed.
4. That sufficient provocation or threat on the part of the Sufficient Provocation or
offended party immediately preceded the act. Threat
5. That the act was committed in the immediate vindication of a Vindication
grave offense to the one committing the felony (delito), hid
spouse; ascendants, or relatives by affinity within the same
degrees.
6. That of having acted upon an impulse so powerful as naturally Passion or Obfuscation
to have produced passion or obfuscation.

7. That the offender is had voluntary surrendered himself to a Voluntary Surrender or

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

ORDINARY MITIGATING CIRCUMSTANCES vs. PRIVILEGED MITIGATING CIRCUMSTANCES

NO INTENTION TO COMMIT SO GRAVE A WRONG AS THAT COMMITTED

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

A: Consider the following:
a. The weapon used
b. Nature of the injury
c. Part of the body targeted

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

PROVOCATION vs. IMMEDIATE VINDICATION

PROVOCATION VINDICATION
1. Provocation is made only to the person 1. In vindication, the grave offense may be
committing the felony. committed against the spouse, the ascendants,
descendants, brothers or sisters or relatives by
affinity within the same degree of the offender.
2. In provocation, the provocation need not be 2.In vindication, the offended party must have
grave done a grave offense to the offender or his
relatives.
3. In provocation, the provocation or threat must 3.In vindication, the vindication of the grave
immediately preceded the act offense may be proximate, which admits of
interval of time between the commission of the
crime by the accused.

PASSION OR OBFUSCATION REQUISITES:

1. There is act unlawful and sufficient to produce passion or obfuscation;
2. The act which produced such emotion must not be far removed from the commission of the crime, during which
the accused might recover his normal equanimity.
VOLUNTARY SURRENDER

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

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

VOLUNTARY CONFESSION OF GUILT/ PLEA OF GUILTY REQUISITES

1. It must be made in open court.
2. It must be made prior to the presentation of evidence of the prosecution.

DEAF, DUMB, BLIND AND OTHER PHYSICAL DEFECTS

ILLNESS AS WOULD DIMINISH THE EXERCISE OF THE WILL POWER

OTHER ANALOGOUS CASES

AGGRAVATING CIRCUMSTANCES

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

ENUMERATION OF AGGRAVATING CIRCUMSTANCES:

1. Advantage of public position
2. In contempt or with insult to public authorities
3. Disrespect on the rank, age or sex of the offended party; the crime is committed in the dwelling of offended party
4. Abuse of confidence or obvious ungratefulness
5. Palace of the Chief Executive, or in his presence, or place where authorities discharge their duties, or place of
religious worship.
6. Nighttime, uninhabited place, band
7. On occasion of conflagration, shipwreck etc.
8. Aid of armed men
9. Recidivist
10. Reiteration
11. Price, reward or promise
12. Inundation, fire, poison, etc
13. Evident premeditation
14. Craft, fraud or Disguise
15. Superior strength or means to weaken defense
16. Treachery
17. Ignominy
18. Unlawful entry
19. Wall, roof, floor be broken
20. Aid or persons under15, motor vehicle
21. Cruelty

Long (Complete) Version Short Version

1. That advantage be taken by the offender of his public position Taking advantage of public
position
2. That the crime be committed in contempt or with insult to the In contempt or insult of
public authorities authorities
3. That the act be committed with insult or in disregard of the Disregard of rank, age or sex
respect due the offended party on account of his rank, age, or sex,
or that is be committed in the dwelling of the offended party, if the
latter has not given provocation.
4. That the act be committed with abuse of confidence or obvious Abuse of confidence or obvious
ungratefulness ungratefulness
5. That the crime be committed in the palace of the Chief executive In presence of President, or place
or in his presence, or where public authorities are engaged in the dedicated to religious worship, or
discharge of their duties, or in a place dedicated to religious place where authorities do their
worship. duties.
6. That the crime be committed in the night time, or in an Nighttime, uninhabited place,
uninhabited place, or by a band, whenever such circumstances may band
facilitate the commission of the offense.
7. That the crime be committed on the occasion of a conflagration, Calamity or misfortune
shipwreck, earthquake, epidemic or other calamity or misfortune.
8. That the crime be committed with the aid of armed men or Aid of armed men
persons who insure or afford impunity.
9. That the accused is a recidivist Recidivism
A recidivist is one who, at the time of his trial for one crime, shall
have been previously convicted by final judgment of another crime
embraced in the same title of this Code.
10. That the offender has been previously punished by an offense Reiteracion or habitually
to which the law attaches an equal or greater penalty or for two or
more crimes to which it attaches a lighter penalty.
11. That the crime be committed in consideration of a price, Price reward or promise
reward, or promise
12. That the crime be committed by means of inundation, fire, Inundation, fire, poison etc.
poison, explosion, stranding of a vessel or international damage
thereto, derailment of a locomotive, or by the use of any other
artifice involving great waste and ruin.
13. That the act be committed with evident premeditation. Evident premeditation
14. That the craft, fraud or disguise be employed. Craft, fraud, Disguise
15. That advantage be taken of superior strength, or means be Advantage of superior strength or
employed to weaken the defense means o weaken the defense
16. That the act be committed with treachery (alevosia) Treachery

There is treachery when the offender commits any of the crimes

against the person, employing means, methods, or forms in the
execution thereof which tend directly and specially to insure its
execution, without risk to himself arising from the defense which
the offended party might make.
17. That means be employed or circumstances brought about Ignominy
which add ignominy to the natural effects of the act.
18. That the crime be committed after an unlawful entry. There is Unlawful entry
an unlawful entry when an entrance of a crime a wall, roof, floor,
door, or window be broken
19. That as a means to the commission of the crime a wall, roof, Broken wall, roof, floor etc.
door, or window be broken.
20. That the crime be committed with the aid of person under Aid or persons under 15 years old
fifteen years of age by means of motor vehicles, motorized or use of motor vehicle
watercraft, airships, or other similar means.
21. That the wrong done in the commission of the crime be Cruelty
deliberately augmented by causing other wrong necessary for its
commission.

IN CONTEMPT OF OR WITH INSULT TO PUBLIC AUTHORITIES

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

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

 Not aggravating if crime commenced in daytime

 If the locus criminis is lighted no aggravating of nighttime

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

BAND- whenever more than three armed malefactors shall fave acted together in the commission of an offense, it shall
be deemed to have been committed by a band.

Q: When is nighttime, uninhabited place and band aggravating?

1. when the offender took advantage thereof for the purpose of impunity
2. When specially sought for by the offender to insure the commission of the crime.
3. When it facilitated the commission of the crime.

Four Types of Criminal Repetitions

1. Habitual Deliquency - when a person within a period of 10 years from the date of his release or last conviction of the
crimes of SERIOUS OR LESS SERIOUS PHYSICAL INJURIES, ROBBERY, THEFT, ESTAFA OR FALSIFICATION, is found guilty of
any said crimes a 3rd time or oftener. It is true only in the crimes found in Revised Penal Code.
2. Habituality/ Reiteracion - the offender has been previously punished for an offense to which the law attaches an
EQUAL OR GREATER PENALTY or for 2 or more crimes to which it attaches a lighter penalty. Sentence previously served
need not be a felony but subsequent sentence must be a felony.
3. Recidivism - when a person, who, while on trial for one offense, has been previously convicted by final judgment of
another crime embraced within the SAME TITLE OF THE PENAL CODE.
4. Quasi- Recidivism - it is a Special Aggravating Circumstance. This happens when a person commits 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.

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

Q: What is the essence of evident premeditation?

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

Q: What are the requisites of evident premeditation?

1. The time when the offender determined to commit the crime;
2. An act manifestly indicating that the culprit has clung to his determination
3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the
consequences of his act and to allow his conscience to overcome the resolution of his well.

 The latest ruling is that premeditation is not aggravating when the victim is different from that intended¹⁹
CRAFT- is a circumstance characterized by trickery or cunning resorted to by the accused, to carry out his design. It is the
use of intellectual trickery and cunning on the part of the accused.

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

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

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

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

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

Case: People vs. Bumidang

People vs. Siao

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

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

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

 Under RA 8294 6 July 1997, the use of unlicensed firearm merely becomes an aggravating circumstance if
murder or homicide was committed with the use thereof. But if unlicensed firearm is used in the
commission of any crime²⁵, there can be no separate offense of illegal possession of firearm.

FOUR KINDS OF AGGRAVATING CIRCUMSTANCES²⁶:

1. Generic- generally applies to all crimes.
2. Inherent- that must necessarily accompany the commission of a crime
3. Qualifying- that which changes the nature of the crime
4. Specific- those that apply only to a particular crime.

ALTERNATIVE CIRCUMSTANCES

Art. 15. Their concept.- Alternative circumstances are those which must be taken into consideration as aggravating or
mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are
the relationship, intoxication and the degree of instruction and education of the offender.
The alternative circumstance of relationship shall be taken into consideration when the offended party in the spouse,
ascendants, descendants, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of
the offender.

The intoxication of the offender shall be taken into consideration as a mitigating circumstances when the offender has
committed a felony in a state of intoxication is habitual or intentional, it shall b considered as an aggravating
circumstance.

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

Q: What are the three alternative circumstances?

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

PERSONS CRIMINALLY LIABLE FOR FELONIES

Art. 16. Who are criminally liable. - The following are criminally liable for grave and less grave felonies:
A. Principal B. Accomplices C. Accessories

The following are criminally liable for light felonies:

A. Principals B.Accomplices

WHO ARE THE PERSONS WHO MAY BE CRIMINALLY LIABLE (Degree of participation)
A. Principals B. Accomplices B. Accessories

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

1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense by another act without which it would not have been
accomplished.

THREE CLASSIFICATIONS OF PRINCIPALS

1. Those who take a direct part in the execution of the act; (PRINCIPAL BY DIRECT PARTICIPATION)
2. Those who directly force or induce others to commit it; (PRINCIPAL BY INDUCEMENT OR INDUCTION)
3. Those who cooperate in the commission of the offense by another act without which it would not have been
accomplished. (PRINCIPAL BY INDISPENSABLE COOPERATION)

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

WHO/WHAT IS AN ACCOMPLICE?

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

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

1. By providing themselves or assisting the offender to profit by the effects of the crime.
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to
prevent its discovery.
3. (FOR PUBLIC OFFICIALS ONLY) By harboring, concealing, or assisting in the escape of the principals of the
crime, provided the accessory acts with abuse of his public functions
OR

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

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

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

See: PD 1829 Obstruction of Justice

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

JURIDICAL CONDITIONS OF PENALTY

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

JUSTIFICATION FOR THE IMPOSITION OGF PENALTY

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

LIFE IMPRISONMENT RECLUSION PERPETUA

1. Does not have specific duration Has duration of 30 years after which convict
becomes pardonable but the maximum period
shall not exceed 40 years
2. Imposed for violations of special laws Imposed for violations of felonies punishable
under the Revise Penal Code
3. Does not have accessory penalties Has accessory penalties

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

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

Q: When may penal laws have retroactive effects?

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

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

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

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

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

Q: Explain the concept of preventive imprisonment.

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

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

Q: What is civil interdiction?

A: It is an accessory penalty which has the effect of depriving the offender the time of his sentence of the rights of
parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to
manage his property, and of the right to dispose of such property by any act or any conveyance inter vivos.
Q: What is bond to keep the peace?
A: It is an accessory penalty which has the effect of requiring the person sentenced to it to present two sureties who
shall undertake that such person will not commit the offense sought to be prevented, and in case such offense be
committed they will pay the amount determined by the court in its judgement, or otherwise to deposit such amount in
the office of the clerk of court to guarantee said undertaking. If the person sentenced fail to give the bond as required
he shall be detained for a period not exceeding six months if he shall have been prosecuted for grave or less grave
felony, and shall not exceed thirty days, if for a light felony.

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

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

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

LIMITATIONS ON THE PARDONING POWER OF THE PRESIDENT

1. Pardon can be exercised only after conviction;
2. This power cannot be extended to cases of impeachment
3. No pardon involving violations of elections laws, shall be granted without the favorable recommendation of
the COMELEC

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

PARDON OF THE PRESIDENT PARDON OF THE PARTY

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

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

1. Reparation of the damage caused

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

Q: What is the subsidiary imprisonment/penalty?

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

REPUBLIC ACT NO. 10159 April 10, 2012 AN ACT

AMENDING ARTICLE 39 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL
CODE

"Art. 39. Subsidiary Penalty. – If the convict has no property with which to meet the fine mentioned in paragraph 3 of
the next preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each amount
equivalent to the highest minimum wage rate prevailing in the Philippines at the time of the rendition of judgment
of conviction by the trial court,

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

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

Q. What is the complex crime?

A. There is a complex crime when a single act constitutes two or more grave or less grave felonies, or when an offense is
a necessary means of committing the other. (In which case the penalty for the serious crime shall be shall be imposed in
its maximum period-Art 48.
TWO KINDS OF COMPLEX CRIMES:
1. When a single act constitutes two or more grave or less grave felonies- (compound crime or delito compuesto)
2. When an offense is a necessary means of committing the other- (complex crime proper or delito complejo)

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

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

The Rule on successive service of sentence

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

Complex penalty
A penalty prescribed by law composed of three distinct penalties, each forming a period, the lightest of them
shall be the minimum, next medium, and the most severe the maximum period

RA 9346 -An act prohibiting the imposition of death penalty

Destierro
Any person sentenced to destierro shall not be permitted to enter the places designated in the sentence, nor
within the radius therein specified, which shall not be more than 250 and not less than 25 kilometers from the place
designated. If he does, he may be held liable for Evasion of service of sentence under Article 157 of RPC. It is imposed
on the following:
A. Death or Serious Physical Injuries inflicted under exceptional circumstances
B. When a person fails to give a bond for good behavior
C. Penalty for concubine in concubinage

Title Four
EXTINCTION OF CRIMINAL LIABILITY
Chapter One
TOTAL EXTINCTION OF CRIMINAL LIABILITY

Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished
only when the death of the offender occurs before final judgment.
2. 2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in Article 344 of this Code.

Art. 90. Prescription of crime. — the “termination of the right or power to prosecute and to punish the offender, after
the lapse of a definite period from the commission of the offense, or if this is not known, from the day of its discovery
and the beginning of the judicial proceedings.

 Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years
 Crimes punishable by other afflictive penalties shall prescribe in fifteen years.
 Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by
arresto mayor, which shall prescribe in five years.
 The crime of libel or other similar offenses shall prescribe in one year.
 The crime of oral defamation and slander by deed shall prescribe in six months.
 Light offenses prescribe in two month
Art. 91. Computation of prescription of offenses. — The period of prescription shall commence to run from the day on
which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by the
filing of the complaint or information, and shall commence to run again when such proceedings terminate without the
accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him

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

Art. 92. When and how penalties prescribe. — The penalties imposed by final sentence prescribe as follows:
1. Death and reclusion perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor, which prescribes in five years;
4. Light penalties, in one year.
Art. 93. Computation of the prescription of penalties. — The period of prescription of penalties shall commence to run
from the date when the culprit should evade the service of his sentence, and it shall be interrupted if the defendant
should give himself up, be captured, should go to some foreign country with which this Government has no extradition
treaty, or should commit another crime before the expiration of the period of prescription.chanrobles virtual law library

Chapter Two
PARTIAL EXTINCTION OF CRIMINAL LIABILITY
Art. 94. Partial Extinction of criminal liability. — Criminal liability is extinguished partially:
1. By conditional pardon- a contract between the President and the convict that the former will release the latter upon
compliance with certain conditions
2. By commutation of the sentence- reduction of the period of imprisonment
3. For good conduct allowances which the culprit may earn while he is serving his sentence

REPUBLIC ACT No. 10592

AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE
REVISED PENAL CODE

Section 3. Article 97 of the same Act is hereby further amended to read as follows:

"ART. 97. Allowance for good conduct. – The good conduct of any offender qualified for credit for preventive
imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in any penal institution, rehabilitation or
detention center or any other local jail shall entitle him to the following deductions from the period of his sentence:

"1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each month of good
behavior during detention;

"2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of twenty-three days
for each month of good behavior during detention;

"3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of
twenty-five days for each month of good behavior during detention;

"4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of thirty days for each
month of good behavior during detention; and

"5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in addition to
numbers one to four hereof, for each month of study, teaching or mentoring service time rendered.

"An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct.

Section 4. Article 98 of the same Act is hereby further amended to read as follows:

"ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period of his sentence shall be granted to
any prisoner who, having evaded his preventive imprisonment or the service of his sentence under the circumstances
mentioned in Article 158 of this Code, gives himself up to the authorities within 48 hours following the issuance of a
proclamation announcing the passing away of the calamity or catastrophe referred to in said article. A deduction of two-
fifths of the period of his sentence shall be granted in case said prisoner chose to stay in the place of his confinement
notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of this Code.

"This Article shall apply to any prisoner whether undergoing preventive imprisonment or serving sentence."
Section 5. Article 99 of the same Act is hereby further amended to read as follows:"

"ART. 99. Who grants time allowances. – Whenever lawfully justified, the Director of the Bureau of Corrections, the
Chief of the Bureau of Jail Management and Penology and/or the Warden of a provincial, district, municipal or city jail
shall grant allowances for good conduct. Such allowances once granted shall not be revoked."

Art. 104. What is included in civil liability:

1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages

Art. 105. Restitution. — How made. — The restitution of the thing itself must be made whenever possible, with
allowance for any deterioration, or diminution of value as determined by the court.
The thing itself shall be restored, even though it be found in the possession of a third person who has acquired it by
lawful means, saving to the latter his action against the proper person, who may be liable to him

Art. 106. Reparation. — How made. — The court shall determine the amount of damage, taking into
consideration the price of the thing, whenever possible, and its special sentimental value to the injured party, and
reparation shall be made accordingly.
Notes:
Reparation will be ordered by the court if restitution is not possible
Reparation shall be
a) the price of the thing
b) its sentimental value

Art. 107. Indemnification — What is included. — Indemnification for consequential damages shall include not
only those caused the injured party, but also those suffered by his family or by a third person by reason of the crime