criminal law (memory aid)

8/12/2019 Criminal Law (Memory Aid)

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Rose Raycos 2006 Bar Memory Aid (Criminal Law- Book 1)Page 1 of 22

FUNDAMENTAL PRINCIPLES

Criminal Law

branch of public law which defines criminal offenses and prescribes specific punishment for themEx-Post Facto Lawwhen it makes an act or omission criminal which when committed was not yet so

1. statutes that make an act punishable as a crime when such act was not an offense when committed;2. laws which, while not creating new offenses, aggravate the seriousness of a crime;3. statutes which prescribe greater punishment for a crime already committed;4. laws which alter the rules of evidence so as to make it substantially easier to convict a defendant5. alters, in relation to the offense or its consequences, the situation of a person to his disadvantage6. assumes to regulate civil rights and remedies only but in effect imposes a penalty or deprivation of a right which when done was

lawful

7. deprives a person accused of crime of some lawful protection to which he has become entitled, such as the protection of aformer conviction or acquittal, or a proclamation of amnesty

Characteristics of a Penal Law

Generalitypenal law is binding on all persons who reside or sojourn in RP whether citizens or not

Territorialitylaw is applicable to all crimes committed within the limits of Philippine territoryexceptions: preferential laws and treaties and Article 2, RPC

Prospectivitylaws should have only prospective application, unless favorable to offender not a habitual delinquentPhilosophies in Criminal Law

Classical or Juristic Positivist or Realistic

Basis of

Criminal

Liability

Human free will Man is inherently good,

but the offender is

socially sick

Purpose of

Penalty

Attribution Reformation

Determination

of Penalty

Specific and

predetermined penalty

Individual examination of

the offender

Emphasis Offense Offender

Equipoise Rule

If evidence of the prosecution and defense are equally balanced, the scale should be tilted in favor of the accusedActus non facit reum nisi mens sit rea

Act cannot be criminal unless the mind is criminal

Classification of Crimes

1. as to commissiona. dolob. culpa

2. as to stage of executiona. attemptedoffender 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

b. frustrated offender performs all 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

c. consummatedall the elements necessary for its execution and accomplishment are present3. as to stage of execution

a. formal feloniesalways consummatedb. material felonieshave various stages of executionc. those crimes which do not admit of a frustrated stage

4. as to gravitya. grave feloniesb. less grave feloniesc. light felonies

5. as to counta. compositeb. compoundc. complexd. continuede. continuing

6. as to naturea. mala in seacts or omissions that are inherently evilb. mala prohibitaacts made evil because there is a law prohibiting the same

Mala in Se Mala Prohibita


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Moral traitgood faith or lack of

criminal intent is a defense

Voluntarinessgood faith or lack

of criminal intent not a defense

Modifying circumstances, degree

of participation and stage of

accomplishment taken into

account

Modifying circumstances, degree

of participation and stage of

accomplishment NOT taken into

account

Moral turpitude Not moral turpitude

RPC Special penal laws

Heinous Crimegrievous, odious and hateful offense which by reason of its inherent or manifest wickedness, viciousness, atrocity

and perversity, is regarded as seriously outrageous to the common standards or norms of decency and morality in a just, civilized

and orderly society

Effect of Repeal of Penal Law

1. absolute or total repeal or express repeala. case is pendingdismissal; crime decriminalizedb. already convicted or serving sentencereleased if not habitual delinquent or if law provides that detention is to continue

2. partial/relative/implied repeal or repeal by re-enactmenta. first law to governhabitual delinquent or favorable law prohibits retroactivityb. second law to governfavorable to offender not a habitual delinquent or law is silent as to retroactivity

DATEANDEFFECTIVENESSAND

APPLICATIONOFPROVISIONSOFRPC

Scopes of Application of RPC

Intra-territorial application Extraterritorial applicationArticle 2Extraterritorial Application

1. commit an offense while on Philippine ship or airship2. forge or counterfeit any coin or currency note of RP or obligations and securities issued by RP3. liable for acts connected with introduction into RP of #24.

while being public officers or employees, commit an offense in the exercise of their functions

5. commit any of the crimes against national security and the law of nationsa. treason, conspiracy to commit treason, misprision of treasonb. espionagec. inciting to war or giving motives for reprisals, violation of neutrality, correspondence with hostile country, flight to enemys

country

d. piracy in general and mutiny, qualified piracyRules on Vessels

Philippine ship/airship on high seasPhilippine laws Philippine ship/airship in territory of another statesubject to laws of that state Philippine warshipwherever it is, subject to Philippine laws English Rulehost country has jurisdiction over crimes committed in the vessel

unless they involve the internal management of the vessel French Rulerecognizes the jurisdiction of the flag country over crimes committed within the vessel

except if crime disturbs the peace and order of the host country

FELONIES

Definitions (Article 3)

Feloniesacts or omissions punishable by law Offensescrimes involving special laws Infractionsacts violating municipal or city ordinancesHow Felonies are Committed

Deceit (dolo) Fault (culpa)Deliberate intent Imprudence, negligence, lack of

foresight or lack of skills

Freedom of action

Intelligence

Intent

Freedom of action

Intelligence

Negligence, imprudence, lack of

foresight, lack of skill

Intent

Use of a particular means to effect the desired result Demonstrated by the overt acts of a person


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GR: criminal intent is presumed (general intent)

Except: where intent is an element of the crime (specific intent), the intent cannot be presumed but must be established

Motive

Moving power/force impelling a person to a desired resultGR: motive is immaterialExcept: 1) Act brings about variant crimes

2) Doubt whether accused committed crime

3) Identity of accused is doubtful

4) Evidence is purely circumstantial

5) To determine if direct assault is committed when he is not in the performance of his official duties

Factors that Affect Intent

Mistake of Facthad the facts been true to the belief of the offender, that act he did can be justified; exempting Aberratio Ictus mistake in the victim of the blow; three persons (offender, intended victim, actual victim); may result in

complex crime or two felonies

Mistake in Identity/Error in Personaeonly one victim but offender committed a mistake in ascertaining identity of victim; ifsame crime results, liable for same crime; if different crime results, apply Article 49

Praeter Intentionem injury is on the intended victim but the resulting consequence is so grave a wrong than what wasintended; mitigating circumstance

Proximate causethe cause, in its natural and continuous sequence, unbroken by an efficient intervening cause, produces theinjury and without which the result would not have occurred

Effect on Intent Effect on Criminal

Liability

Mistake of

Fact

Negatives criminal intent Negatives criminal

liability

Aberratio Ictus Intended result falls on

another person which may

be in addition to the injury

on the originally intended

victim

Increases criminal

liability which

generally results in a

complex crime

Error inPersonae

Intended result falls onanother due to the error in

the identity of the victim

May be extenuatingor of no effect

depending on the

resulting crime

Praeter

Intentionem

Actual crime committed

greater than that intended

Mitigating

Proximate

Cause

Results in a crime Criminal liability

results

Those Liable for Felonies (Article 4)

1. those who commit a felony, although the wrongful act done is different from that which he intendeda. a felony is committedb. wrong done must be the direct, natural, and logical consequence of the felony committed even though different from that

intended

2. those that do not actually commit a felony, but perform an act which would be an offense against persons or property, were itnot for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means

(impossible crime)

Impossible Crimeact cannot produce an offense against persons or property because:

1. commission of offense is inherently impossible of accomplishment, or2. means employed is either inadequate or IneffectiveImpossibility

legal impossibilitythe intended act, even if completed would not amount to a crime factual or physical impossibility extraneous circumstances unknown to the actor or beyond his control prevent the

consummation of the intended crime

SPECIAL DUTIES OF THE COURT

Duties (Article 5)

Acts which should be repressed but which are not covered by the law render proper decision, and report to Chief Executive,thru DOJ, the reasons why said act should be made the subject of penal legislation

Excessive penaltiesexecute sentence, and also report as above why strict enforcement of RPC would result in the impositionof excessive penalty, taking into consideration degree of malice and the injury caused by the offense.

CONSUMMATED,FRUSTRATED AND ATTEMPTED CRIMES


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Crimes According to Stage of Execution (Article 6)

attempted offender commences commission of a felony directly by overt acts, and does not perform all acts of executionwhich should produce felony by reason of some cause/accident other than spontaneous desistance

frustrated 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

consummatedall the elements necessary for its execution and accomplishment are presentCrimes that do not admit of Frustrated Stage

rape, arson, corruption of public officers, adultery, physical injuryDistinguishing between Attempted and Frustrated

Attempted Frustrated

Not all acts of execution done All acts of execution performed

Felony not produced due to cause

or accident other than offenders

own spontaneous desistance

Felony was frustrated due to some

cause independent of the will of the

perpetrator

Still in subjective phase Already in objective phase

Felonies according to Severity (Articles 7 and 9)

grave felonies less grave felonies light felonies

Grave Felonies Less Grave Felonies Light Felonies

Capital punishment

or afflictive penalties

in any period

Penalties which in their

maximum period are

correctional

Arresto menoror a fine

NOT EXCEEDING P200,

or both

Punishable in any of the stages GR: punishable only

when consummated

Except: crimes against

persons or property

All participants are punishable Only principals and

accomplices

punishable

Significance of Classifying Felonies according to Severity

complex crime duration of subsidiary penalty duration of detention in case of failure to post bond to keep the peace prescription of the crime proper penalty for quasi-offenses

CONSPIRACY AND PROPOSAL TO COMMIT FELONY

Proposal(Article 8)

when the person who has decided to commit a felony proposes its execution to some other person or personsConspiracy (Article 8)

two or more persons come to an agreement concerning the commission of a felony and decide to commit it must be proved beyond reasonable doubtConcepts of Conspiracy

1. as a crime by itself2. as a means of committing the crime

a. expressactual pre-agreement or planning stageb. impliedoffenders acted in concert during the commission; deducible from mode and manner

Rule on Conspiracy

GR: liability of conspirators is only for the crime agreed upon

Except: when all the conspirators are liable even if the crime committed was not agreed upon the other crime was committed in their presence and they did not prevent its commission the other crime is the natural consequence of the crime planned (e.g. homicide resulting from physical injuries inflicted) the resulting crime was a composite crime or special complex crimeRules in Express and Implied Conspiracy

express conspiracy conspirator liable as long as he went to the scene and performed some overt act as a direct or indirectcontribution (active participation or moral assistance or exertion of moral ascendancy)

unless he is the mastermind

implied conspiracyconspirator must have participated in the commission of the crime; his mere presence or approval withoutmore will not make him liable


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Arias Doctrine

all heads of offices have to rely to a reasonable extent on their subordinates and on the good faith of those who prepare bids,purchase supplies, or enter negotiations

Offenses Not Subject to the Provisions of RPC

Rule on Offenses not Subject to RPC (Article 10)

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.

GR: special laws are not subject to the provisions of RPC

Except: supplementary application whenever special law uses the nomenclature of penalties in RPC

JUSTIFYING AND EXEMPTING CIRCUMSTANCES

Circumstances that Affect Criminal Liability

1. justifying2.

exempting3. mitigating

4. aggravating5. alternativeOther Circumstances that Affect Criminal Liability

1. Absolutoryexempting circumstances outside art. 122. Extenuatingmitigating circumstances outside in art. 13Examples of Exempting/Absolutory Circumstances

Instigation Spontaneous desistance

except if overt act already constitutes another crime

Attempted/frustrated light feloniesexcept those against persons and property

Accessories in light felonies Certain accessories in article 20 Physical injuries in art. 247 In theft, estafa and malicious mischief in art. 332 Somnambulism (sleepwalking) Mistake of fact Absolute repeal of penal lawDistinguish Instigation from Entrapment

Entrapment Instigation

Employment of ways and means to

trap or capture a lawbreaker inflagrante delicto

Accused is lured into the

commission of the offense in orderto prosecute him

Mens reaoriginates from accused Mens reaoriginates from instigator

Not absolutory Absolutory

Consistent with public policy Not consistent

Trap for the unwary criminal Trap for the unwary innocent

Peace officer: no criminal liability Peace officer: principal by

inducement

Buy-Bust Operation

Form of entrapment which has been accepted as a valid means of arresting violators of the DDAJUSTIFYING CIRCUMSTANCES

Concept

No crime, no criminal No civil liability except in state of necessityJustifying Circumstances under Article 11 (6)

1. Defense of Self (his person or rights)a. unlawful aggressionb. reasonable necessity of the means employed to prevent or repel itc. lack of sufficient provocation on the part of the person defending himself

2. Defense of Relatives (spouse, ascendants, descendants or legitimate, natural or adopted brothers and sisters, or relative byaffinity in same degree, those by consanguinity within 4

thcivil degree)


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a. unlawful aggression;b. reasonable necessity of the means employed to prevent or repel it; andc. if provocation was given by the person attacked, that the one making the defense took no part therein

3. Defense of Strangersa. unlawful aggression;b. reasonable necessity of the means employed to prevent or repel it; andc. that the person defending be not induced by revenge, resentment or other evil motive4. State of necessitya. evil sought to be avoided actually exists;b. injury feared be greater than that done to avoid it;c. no other practical, less harmful means to prevent it

5. Fulfillment of a dutya. offender acted in the performance of a duty or the lawful exercise of a right or office; andb. injury caused/offense committed is the necessary consequence of due performance of such right/office

6. Obedience to superior ordera. order has been issued by a superior;b. order is for a legal purpose; andc. means used to carry out such order is lawful

Defense of Self, of Relatives and of Strangers

Unlawful aggressionmere threatening or intimidating attitude not sufficient; must be real or at least imminent Reasonable necessitydepends on circumstances, state of mind and available weapon Lack of sufficient provocationprovocation should not be sufficient and must not immediately precede the actEffect of Incomplete Self Defense

Ordinary mitigating circumstance Privileged mitigating circumstancemajority of elements, including unlawful aggressionState of Necessity

Must not be caused by the negligence or violation of the law of the actorEXEMPTING CIRCUMSTANCES

Concept

There is a crime, but no criminal Civil liability except in accident and insuperable cause Exempting Circumstances under Article 12 (7)

1. imbecility/insanity unless lucid interval2. minority (*note new law 2006)

a. 9 and underexemptedb. Over 9 and under 15exempted, unless with discernment

3. accidenta. accused was performing a lawful act with due careb. the injury is caused by mere accidentc. there was no fault or intent of causing the injury

4. compulsion of irresistible forcea. force must be physical, must come from an outside source, and the accused must act not only without a will but even

against his will

b. actor must be reduced to a mere instrument such that the element of freedom is wantingc. duress, force, fear or intimidation must be present, imminent, and impending and of such a nature as to induce a well-

grounded fear of death or serious bodily injury if the act is not done

5. impulse of uncontrollable feara. threat which caused the fear of an evil greater than or equal to that which accused was required to commitb. it promised an evil of such gravity and imminence that the ordinary man would have succumbed to it

6. insuperable or lawful causea. failure to perform an act required by lawb. the failure is due to some lawful insuperable cause

Distinguishing Justifying from ExemptingJustifying Exempting

Act is within the bounds of law Act is criminal

No crime, no criminal Crime, no criminal

No civil liability Civil liability

Emphasis of law is on the act Emphasis of law is on actor

Insanity/Imbecility

requires complete deprivation of intelligence or reason


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lighter penalty

Imposition of

incremental

penalty

(additional

penalty to that

imposed for the

crime actually

committed)

In addition to

circumstance of

habitual

delinquency,

imposition of

maximum

period of

penalty

prescribed for

the new felony

Price, Reward, Promise

Offerorprincipal by inducement Acceptorprincipal by direct participationEvident Premeditation

Requisites: (a) time when offender determined to commit the crime; (b) act manifestly indicating that he has clung to hisdetermination; (c) sufficient lapse to time between such determination and execution to allow him to reflect upon the

consequences of his act

Craft, Fraud, Disguise

Craftcunning or intellectual trickery or chicanery resorted to by the accused to carry out his evil design Fraudconstitutes deceit and is manifested by insidious words or machinationsAbuse of Superior Strength/Means to Weaken Defense

Superior strengthintentionally employing excessive force out of proportion to means of defense availableTreachery (Alevosia)

Employing means, methods, or forms in the execution which tend directly and especially to insure its execution, without risk tohimself arising from the defense which the offended party might make

Requisites: (a) insure that offended at the time of attack was not in a position to put up any defense, not even token defense;and (b) the means, manner, and form was consciously and deliberately chosen

Must be present at the inception of the attack and it must be a continuous attack Applicable only to crimes against PERSONSIgnominy and Cruelty

Ignominymoral circumstance with adds disgrace to the material injury of the crime; moral suffering Crueltywrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its

commission; physical suffering

Unlawful Entry/Breaking of Wall

Unlawful entrywhen an entrance is effected by a way not intended for that purposeexcludes ingress by means of such breaking as this would fall under breaking of wall, etc.

Breaking covers: wall, roof, floor, door, or windowAid of Minors, Use of Motor Vehicles

Minor must be under 15 Motor vehicle used to facilitate commission of the offense

not when it is used as a means of escape

Covers motor vehicles, motorized watercraft, airships, or other similar meansALTERNATIVE CIRCUMSTANCES

Alternative Circumstances

Relationshipbe taken into consideration when the offended party is spouse, ascendant, descendant, legitimate, natural, oradopted brother or sister, or relative by affinity in the same degrees

IntoxicationMitigating when offender has committed a felony in a state of intoxication, when not habitual;

Aggravating if intoxication is habitual or intentional

EducationPERSONS CRIMINALLY LIABLE FOR FELONIES

Persons Criminally Liable for Felonies (Article 16)

Grave and Less Grave FeloniesPrincipals, Accomplices and Accessories Light FeloniesPrincipals and Accomplices


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Bond to Keep the Peace v. Bond for Good BehaviorBond to Keep the Peace Bond for Good Behavior

Principal penalty which

nevertheless cannot be imposed

for lack of specific felony for which

it is attached

Penalty specifically applicable to

grave and light threat only

Failure to post: detention Failure to post: destierro

FINE

Fine under Article 9 and Article 26Article 9 Article 26

Whether imposed as

single or alternative

penalty

Afflictive exceeds P6K

Correctional does not exceed P6K but

not less than P200

Light Less than P200 Not exceeding P200

Prescription of penalty Prescription of crime

DURATION AND EFFECT OF PENALTIES

Duration of PenaltiesPenalty Duration

RP 20 years and 1 day to 40 years

RT 12 years and 1 day to 20 years

Prision mayor and temporary

disqualification

6 years and 1 day to 12 years,

except when disqualification is

imposed as accessory penalty

(duration shall be that of the

principal penalty)

Prision correccional, suspension,

and destierro

6 months and 1 day to 6 years,

except when suspension is imposed

as accessory penalty (duration

shall be that of the principal

penalty)

Arresto mayor 1 month and one day to 6 monthsArresto menor 1 day to 30 days

Bond to keep the peace Such period of time as the court

may determine

Reclusion Perpetua

In applying the 3 fold rule, the duration of perpetual penalties shall be 30 years Offender becomes eligible for pardon after he has been imprisoned for at least 30 years, unless unworthyComputation of Penalties (Article 28)

if offender in prisonduration of temporary penalties computed from day of finality of judgment of conviction if offender not in prison duration of penalty consisting of deprivation of liberty computed from the day offender is placed at

disposal of judicial authorities for enforcement; duration of other penalties computed from day on which he commences to

serve his sentence

Preventive Imprisonment

purpose: prevent flight of accused or his going into hiding remedy in case maximum period reached: habeas corpusDeduction of Preventive Imprisonment (Article 29)

1. Full credit if detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convictedprisoners, except in the following cases:

a. Recidivists, or have been convicted previously twice or more times of any crime; andb. Upon being summoned for execution of their sentence they have failed to surrender voluntarily.

2. 80% or 4/5 credit if detention prisoner does not agree to abide by the same disciplinary rules imposed upon convictedprisoners

Release in case of Preventive Imprisonment(Article 29)

If accused has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment ofthe offense charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately

without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review

in case maximum penalty is destierro, he shall be released after 30 days of preventive imprisonmentEFFECTS OF PENALTIES

Penalty Effects (Articles 30-35)

PAD or TAD for

public office

1. deprivation of public offices and employments

held even if conferred by popular election

2. deprivation of right to vote in any election for


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any popular elective office or to be elected to such

office (if TAD, to last during term of sentence)

3. disqualification for the offices or public

employments and for the exercise of any of the

rights mentioned (if TAD, to last during term of

sentence)

4. loss of all rights to retirement pay or other

pension for any office formerly held.

PSD or TSD for

public office,

profession or

calling

1. deprivation of office, employment, profession or

calling affected;

2. disqualification for holding similar offices or

employments either perpetually or during the term

of the sentence, according to the extent of such

disqualification.

PSD or TSD for

exercise of right of

suffrage

1. deprive offender perpetually or during term of

sentence, according to the nature of said penalty,

of the right to vote in any popular election for any

public office

2. deprivation of right to be elected to such office

3. not permitted to hold any public office during the

period of his disqualification

Suspension from

any public office,

profession orcalling or right to

suffrage

1. disqualify offender from holding such office or

exercising such profession or calling or right of

suffrage during the term of the sentence2. disqualify offender from holding another having

similar functions during period of his suspension

Civil interdiction Deprive offender during the time of his sentence of

rights of:

1. parental authority, or guardianship, either as to

the person or property of any ward,

2. marital authority,

3. right to manage his property and

4. dispose of such property by any act or any

conveyance inter vivos

Effects of bond to

keep the peace

1. duty of offender to present 2 sufficient sureties

who shall undertake that such person will not

commit the offense sought to be prevented, and

that in case such offense be committed they will

pay the amount determined by the court in its

judgment, or otherwise to deposit such amount inthe office of the clerk of the court to guarantee said

undertaking.

2. court shall determine, according to its discretion,

the period of duration of the bond.

3. Failure to give bond: detained for a period not

exceeding 6 months (grave or less grave felony),

and not exceeding 30 days (light felony).

Effect of Pardon(Article 36)

GR: A pardon shall not work the restoration of the right to hold public office, or the right of suffrageunless such rights be expressly restored by terms of the pardon

A pardon shall in no case exempt the culprit from the payment of the civil indemnityCost(Article 37)

shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amountspreviously determined by law or regulations in force, or amounts not subject to schedule

Order of Payment of Pecuniary Liabilities(Article 38)

1. reparation of the damage caused2. indemnification of consequential damages3. fine4. costs of the proceedingsFine

Pecuniary punishment imposed by a lawful tribunal upon a person convicted of a crimeSUBSIDIARY PENALTY

Subsidiary Penalty

Penalty that takes place of the fine for insolvent convicts Court must expressly state that subsidiary penalty shall be served in case of insolvency Penalty imposed must be susceptible of subsidiary penaltyRules on Subsidiary Penalty(Article 39)

RATE: one day/P8, subject to the following rules according to principal penalty imposed:

Higher than PCno SI


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PC or arresto AND fine whichever is lower: 1/3 of the term of the sentence, 1 year, or quotient of fine divided by P8 (nofraction or part of a day shall be counted against prisoner; prisoner to remain in prison until fine satisfied)

Only a FINESI shall not exceed 6 months (grave or less grave felony), and not exceed 15 days (light felony) Penalty not to be executed by confinement but is of fixed duration same deprivation as those of which principal penalty

consists, in accordance with the periods set above

Subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him from the fine ifhis financial circumstances improve

Subsidiary Imprisonment Not Proper

Principal penalty imposed is more thanprision correccional Principal penalty consists in other than prison sentence which is not of fixed duration Subsidiary penalty not expressly stated in sentence to take the place of fine in case of insolvency Sentence imposed does not include fine Convict has means to pay the finePenalties in which other Accessory Penalties are Inherent

Penalty Accessory Penalties

(Articles 40-45)

Death when not executed due to commutation or pardon: PAD

and civil interdiction during 30 years following the date ofsentence, unless such accessory penalties have been

expressly remitted in the pardon

RP civil interdiction for life or during the period of sentence as

the case may be, and PAD which the offender shall suffer

even though pardoned as to the principal penalty, unless

the same shall have been expressly remitted in the pardon

RT Same as RP

PM TAD and PSD from right of suffrage which the offender

shall suffer although pardoned as to the principal penalty,

unless the same shall have been expressly remitted in the

pardon

PC Suspension from public office, from the right to follow a

profession or calling, and PSD from the right of suffrage, if

the duration of said imprisonment shall exceed 18 months.

The offender shall suffer the disqualification provided in

this article although pardoned as to the principal penalty,unless the same shall have been expressly remitted in the

pardon

Arresto

mayor

Suspension of the right to hold office and the right of

suffrage during the term of the sentence.

A Menor Same asArresto mayor

Rule on Confiscation and Forfeiture of Proceeds or Instruments of the crime (Article 46)

Every penalty shall carry with it forfeiture of proceeds and instruments/tools with which it was committed. Confiscated and forfeited in favor of the Government unless it is property of 3 rdperson not liable for the offense, but those not

subject of lawful commerce shall be destroyed.

APPLICATION OF PENALTIES

RULES FOR THE APPLICATION OF PENALTIES TO THE PERSONS CRIMINALLY LIABLE AND FOR THE GRADUATION OF THE SAME

General Rule

penalty prescribed by law for the commission of a felony shall be imposed upon the principals (Article 46) whenever the law prescribes a penalty for a felony in general terms, it shall be understood as applicable to the consummated

felony (Article 46)

Consummated, Frustrated and Attempted(Articles 50-57)Principal Accomplice Accessory

Consummated 0 - 1 - 2

Frustrated - 1 - 2 - 3

Attempted - 2 - 3 - 4

Exceptions to the Rules in Articles 50-57(Article 60)

GR: follow articles 50-57

Except: cases in which the law expressly prescribes the penalty provided for a frustrated or attempted felony, or to be

imposed upon accomplices or accessories

Addl Penalty Imposed upon Certain Accessories(Art. 58)

3 of Article 19 (harboring, concealing, assisting) if they should act with abuse of public functions PAD (grave felony), or TAD(less grave felony)

Rules on Penalty to be Imposed upon Principals when Crime Committed is Different from that Intended(Art.49)


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If penalty for felony committed is different from that of intended felony: whichever is lower to be imposed in its maximumperiod.

If acts committed also constitute attempt or frustration of another crime, if the law prescribes a higher penalty for eitherattempt or frustration of that other crime: penalty provided for attempted or frustrated crime shall be imposed in its maximum

period

Penalty to be Imposed in Impossible Crimes(Article 59) arresto mayoror a fine from P200-P500 having in mind the social danger and the degree of criminality shown by the offender

GRADUATING PENALTIES

Rules for Graduating Penalties(Rule 61)

For graduating penalties which, according to articles 50 to 57, are to be imposed upon principals of any frustrated or attempted

felony, or as accomplices or accessories:Penalty Next Lower in Degree

Single and indivisible That immediately following the indivisible

penalty in graduated scale (article 71)

2 indivisible penalties, or 1 or

more divisible penalties to be

imposed to their full extent

That immediately following the lesser of

the penalties prescribed in graduated

scale (article 71)

1 or 2 indivisible penalties &

maximum period of another

divisible penalty

Medium & minimum periods of the

proper divisible penalty and maximum

period of that immediately following in

graduated scale (article 71)

Several periods,

corresponding to different

divisible penalties

Period immediately following minimum

prescribed and of the 2 next following,

which shall be taken from the penalty

prescribed, if possible; otherwise from the

penalty immediately following in

graduated scale (article 71)

When the law prescribes a penalty for a crime in some manner not

especially provided for in the 4 preceding rules, the courts, proceeding by

analogy, shall impose corresponding penalties upon those guilty as

principals of the frustrated felony, or of attempt to commit the same, and

upon accomplices and accessories

Scale for Graduating Penalties (Article 71)

Where law prescribes a penalty lower/higher by 1 or more degrees than another given penalty, the rules prescribed in art. 61shall be observed in graduating such penalty.

The lower or higher penalty shall be taken from the graduated scale in which is comprised the given penalty. Applicable graduated scales:

SCALE NO. 1

1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,

6. Arresto mayor,

7. Destierro,8. Arresto menor,

9. Public censure,

10. Fine.

SCALE NO. 2

1. Perpetual absolute

disqualification,

2. Temporary absolute

disqualification

3. Suspension from public office,

right to vote and be voted for,

right to follow a profession orcalling,

4. Public censure,

5. Fine.

DEATH PENALTY

GR: death penalty shall be imposed in all cases in which it must be imposed under existing laws (Article 47)

Exceptions:

1. when guilty person is below 18 at the time of commission of the crime2. when the guilty person is more than 703. when upon appeal or automatic review of the case by the SC, required majority vote is not obtained for the imposition of the

death penalty, in which cases the penalty shall be reclusion perpetua

4.

when the death penalty is by operation of law when the crime is not a heinous crime nor a crime for which death is expresslyprescribed

COMPLEX CRIMES

Complex Crime (Article 48)

Compound Crime (delito compuesto)when a single act constitutes two or more grave or less grave felonies Complex Crime Proper (delito complejo)when an offense is a necessary means for committing the otherPenalty for Complex Crimes (Article 48)

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


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(a) 2 or more grave felonies; (b) 2 or more less grave felonies, or (c) 1 grave felony and 1 less grave felony If a light felony results, it is treated as a separate offense Basis: singularity of the actComplex Crime Proper

Offense is necessary to commit another offense First offense is committed to insure and facilitate commission of next crime Does not include: (a) crime to conceal another; (b) crime which is an element of the other; (c) crime which has the same element

as the other crime committed (e.g. estafa and falsification of private documents one and the same damage cannot bring about

2 crimes)

It is a condition precedent that there is only 1 informationRULES FOR THE APPLICATION OF PENALTIES WITH REGARD TO THE MITIGATING AND AGGRAVATING CIRCUMSTANCES ,AND HABITUAL DELINQUENCY

Aggravating Circumstances not Taken into Consideration in Increasing the Penalty(Article 62)

5. Those which in themselves constitute a crime specially punishable by law or6. Those which are included by the law in defining a crime and prescribing the penalty therefore7. Those which are inherent in the crimeSpecial Rules on Certain Aggravating Circumstances (Article 62)

Article 62 Penalty to be ImposedIf advantage was taken by the offender of

his public positionMaximum regardless of

mitigating circumstancesIf committed by any person who belongs to

an organized/syndicated crime group

(group of 2 or more persons collaborating,

confederating or mutually helping one

another for purposes of gain in the

commission of any crime)

Maximum penalty

Modifying Circumstances Applicable only to Certain Offenders (Aggravating/Mitigating) (Article 62)Moral attributes of offender, or

private relations with offended

party, or other personal cause

only those principals, accomplices

and accessories as to whom such

circumstances are attendantMaterial execution of the act, ormeans employed to accomplish it

only those who had knowledge of

them at the time of the execution

of the act or their cooperation

therein

HABITUAL DELINQUENCY

Habitual Delinquent (Article 62)

if within a period of 10 years from the date of his release or last conviction of the crimes of serious or less serious physicalinjuries, robo, hurtoestafa or falsification, he is found guilty of any of said crimes a third time or oftener

Effects of Habitual Delinquency(Article 62)Upon 3rd

conviction

penalty for the last crime of which he be found guilty +

additional penalty of prision correccional in its medium

and maximum periods

Upon 4th

conviction

penalty provided for the last crime of which he be found

guilty + additional penalty of prision mayor in its

minimum and medium periods

Upon 5th

or

additional

conviction

penalty provided for the last crime of which he be found

guilty + additional penalty of prision mayor in its

maximum period to reclusion temporal in its minimum

period

Limitation of Penalty in Habitual Delinquency (Article 62)

total of 2 penalties to be imposed not to exceed 30 yearsINDIVISIBLE PENALTIES

Application of Indivisible Penalties(Article 63)Single indivisible penalty applied regardless of any

mitigating or aggravating

circumstances

Penalty composed of 2 indivisible

penalties

a) 1 aggravating

b) No mitigating nor aggravating

c) Some mitigating, no aggravating

d) Both mitigating and aggravating

greater penalty

lesser penalty

lesser penalty

offset; then apply letters a-c


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PENALTIES WHICH CONTAIN 3PERIODS

Application of Penalties Containing 3 Periods (Article 64) whether it be a single divisible penalty or composed of 3 different

penalties, each one of which forms a period in accordance with articles 76 & 77:No aggravating nor

mitigatingpenalty prescribed by law in its medium period

Only 1 mitigating penalty in its minimum period

Only 1 aggravating penalty in its maximum period

Both mitigating and

aggravating

offset those of one class against the other

according to their relative weight

2 or more mitigating

and no aggravating

penalty next lower to that prescribed by law, in

the period that it may deem applicable,

according to the number and nature of such

circumstances

Whatever may be

the number and

nature of the

aggravating

courts shall not impose a greater penalty than

that prescribed by law, in its maximum period

Within limits of each

period

courts shall determine the extent of the penalty

according to the number and nature of the

aggravating and mitigating and the greater or

lesser extent of the evil produced by the crime

PENALTY WHICH IS NOT COMPOSED OF 3PERIODS

Penalty is not composed of three periods(Article 65)

courts shall apply rules contained in foregoing articles, dividing into 3 equal portions of time included in the penalty prescribed,and forming 1 period of each of the 3 portions

IMPOSITION OF FINES

Imposition of fines(Article 66)

any amount within the limits established by law consider not only mitigating & aggravating circumstances, but also the wealth or means of the culpritPenalty in Incomplete Accident in Article 12(4) (Article 67)

if grave felony arresto mayor in its maximum period to prisioncorreccional in its minimum period

if less grave felony arresto mayorin its minimum and medium periods

Penalty to be imposed upon Minor (Article 68)under 15 but over

9, who acted with

discernment

discretionary penalty, but always lower by 2

degrees at least than that prescribed by law for the

crime which he committedover 15 and under

18

penalty next lower than that prescribed by law shall

be imposed, but always in the proper period

Penalty to be imposed when the crime committed is not wholly excusableunder Articles 11 and 12(Article 69)

majority of such conditions be presentpenalty lower by 1 or 2 degrees than that prescribed by law courts shall impose the penalty in the period which may be deemed proper, in view of the number and nature of the conditions

of exemption present or lacking

SUCCESSIVE SERVICE OF SENTENCE AND THREE FOLD RULE

Simultaneous Service of Sentences(Article 70)

GR: when culprit has to serve 2 or more penalties, he shall serve them simultaneously if nature of penalties will so permit

Except if not possible thus successive service required

Rules for Successive Service & 3 Fold Rule

order of severity shall be followed maximum duration whichever is lower: 40 years, or threefold the length of time corresponding to the MOST SEVERE of the

penalties imposed upon him no other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals the same maximum

period

duration of perpetual penalties (penal perpetua): 30 yearsScale according to Severity

Death,

Reclusion perpetua,

Reclusion temporal,

Prision mayor,

Prision correccional,


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except if claimed by his family

Requisite: institute shall take charge of the decent burial

Otherwise, Director of Prisons shall order the burial at govt expense, granting permission to be present thereat to the

members of the family of the culprit and the friends of the latter

Execution and Service of Penalties

RP,RT,PM,PC,AMayor

(Article 86)

places and penal establishments provided byAdministrative Code in force or which may be

provided by law in the future

Destierro

(Article 87)

Prohibition to enter place(s) designated nor within

radius specified (not more than 250 and not less than

25km from the place designated)

Arresto menor

(Article 88)

Municipal jail, or house of the defendant himself

under the surveillance of an officer of the law

* when court so provides in its decision (considering

health of the offender and other reasons which may

seem satisfactory to it)

EXTINCTIONOFCRIMINALLIABILITY

TOTAL EXTINCTION OF CRIMINAL LIABILITY

Total Extinction(Article 89)

1. Death of the convict, as to the personal penalties; and as to pecuniary penalties, liability is extinguished only when the deathoccurs before final judgment.

2. Service of the sentence.3. Amnesty4. Absolute pardon.5. Prescription of the crime.6. Prescription of the penalty.7. Marriage of the offended woman (Article 344)Prescription of crime and penalty(Article 90)

Penalty Crime PenaltyDeath, RP 20 years 20 years

RT 20 years 15 years

Afflictive 15 years 15 years

Correctional 10 years 10 years

Arresto mayor 5 years 5 years

Libel or similar offenses 1 year

Oral defamation and slander by deed 6 months

Light offenses 2 months 1 year

If compound one penalty, the highest penalty shall be made the basis of

the application of these rules

Computation of prescription of offenses and penaltiesOffenses

(Article 91)

Penalties

(Article 93)

Commences

to run

from day on which crime is

discovered by offended

party, authorities, or their

agents

from the date when the

culprit should evade the

service of his sentence

Interrupted

by

(a) filing of the complaint or

information

(b) when offender is absent

from the Philippine

Archipelago

(a) if defendant should

give himself up,

(b) be captured,

(c) should go to some

foreign country with

which RP has no

extradition treaty, or

(d) should commit

another crime before

expiration of the period

of prescription

Runs again proceedings terminatewithout accused being

convicted or acquitted, or

are unjustifiably stopped for

any reason not imputable to

him

PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Partial Extinction of criminal liability(Article 94)

1. Conditional pardon;2. Commutation of the sentence; and


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3. Good conduct allowances which the culprit may earn while he is serving his sentence.Conditional Pardon(Article 95)

Obligation: comply strictly with conditions imposed Non-compliancerevocation of the pardon and commission of other cases of evasion of service of sentence (Article 159).Effect of commutation of sentence(Article 96) commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the

latter in the place of the former

Allowance for good conduct (Article 95)for each month of good behavior, there are the corresponding deductions

1. During first 2 years of imprisonment5 days2. During 3rdto 5thyear8 days3. During 6thto 10th104. 11thand successive years15 daysSpecial time allowance for loyalty (Article 98)

Special time allowance: deduction of 1/5 of the period of his sentence Granted to: any prisoner who, having evaded the service of his sentence under the circumstances in article 158, gives himself up

to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or

catastrophe

Grantor of Allowances(Article 99)

Whenever lawfully justified, the Director of Prisons shall grant allowances for good conduct. Such allowances once granted shallnot be revoked.

CIVILLIABILITY

PERSONS CIVILLY LIABLE FOR FELONIES

Basic Principle

Every person criminally liable for a felony is also civilly liable (Article 100)Rules regarding civil liability in certain cases (Article 101)

Rules on Civil Liability

Article 12(1), (2) &

(3): Insanity,

Imbecility

Minority

(1) those having such person under their legal

authority or control, unless it appears that there

was no fault or negligence on their part

(2) should there be no person having such under his

authority, legal guardianship, or control or if such

person be insolvent, said insane, imbecile, or minor

shall respond with their own property, excepting

property exempt from execution

Article 11(4) State

of Necessity

* persons for whose benefit the harm has been

prevented shall be civilly liable in proportion to the

benefit which they may have received.

* courts shall determine the proportionate amountfor which each one shall be liable

* indemnification shall be made in the manner

prescribed by special laws or regulations when

respective shares cannot be equitably determined,

or liability also attaches to Govt, or to majority of

the inhabitants of town, and, in all events,

whenever the damage has been caused with the

consent of the authorities or their agents

Art. 12(5), (6):

Irresistible Force

and

Uncontrollable

Fear

* Primarily liable: persons using violence or causing

the fear

* Secondarily, or, if there be no such persons, those

doing the act shall be liable, saving always to the

latter that part of their property exempt from

execution.

Subsidiary civil liability of innkeepers, tavern-keepers and proprietors of establishments(Article 102)

In default of the persons criminally liable, they shall be civilly liable for crimes committed in their establishments, in all caseswhere a violation of municipal ordinances or some general/special police regulation shall have been committed by them or their

employees.

Subsidiary liabilityrestitution of goods taken by robbery or theft, or for the payment of the value thereof, provided that suchguests shall have notified in advance the innkeeper himself, or the person representing him and followed directions given for the

care of and vigilance over such goods.

No liability: robbery with violence against or intimidation of persons unless committed by innkeepers employees.Subsidiary civil liability of other persons(Article 103)


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shall also apply to employers, teachers, persons, and corporations engaged in any kind of industry for felonies committed bytheir servants, pupils, workmen, apprentices, or employees in the discharge of their duties

WHAT CIVIL LIABILITY INCLUDES

What is included in civil liability(Article 104)

1. Restitution;2. Reparation of the damage caused;3. Indemnification for consequential damages.Restitution(Article 105)

restitution whenever possible, with allowance for any deterioration, or diminution of value thing itself shall be restored, even if found in possession of 3 rdperson who has acquired it by lawful means, saving to the latter

his action against the proper person

except: thing has been acquired in the manner and under requirements which, by law, bar an action for its recovery

Reparation(Article 106)

court shall determine the amount of damage (price of the thing and its special sentimental value)Indemnification(Article 107)

those caused the injured party and those suffered by his family or by a third person by reason of the crimeObligation Devolves Upon(Articles 108)

heirs of the person liable obligation to make restoration or reparation for damages and indemnification for consequentialdamages

heirs of the person injuredaction to demand restoration, reparation, and indemnificationCertain Rules (Articles 109-110)

if 2 or more are civilly liable for a felony, the courts shall determine the amount for which each must respond principals, accomplices, and accessories, each within their respective class, shall be liable severally (in solidum) among

themselves for their quotas, and subsidiarily for those of the other persons liable: (1) principals; (2) accomplices, and, (3)

accessories.

Right of reimbursement whenever the liability in solidumor subsidiary liability has been enforced, person by whom paymenthas been made shall have a right of action against the others for the amount of respective shares. Any person who has participated gratuitously in the proceeds of a felony shall be bound to make restitution in an amount

equivalent to the extent of such participation (Article 111)

EXTINCTION AND SURVIVAL OF CIVIL LIABILITY

Extinction of civil liability(Article 112)

extinguished in the same manner as other obligations, in accordance with the provisions of the Civil LawObligation to satisfy civil liability(Article 113)

Except in case of extinction of his civil liability, the offender shall continue to be obliged to satisfy the civil liability resulting fromthe crime committed by him

Notwithstanding:

1) service of sentence consisting of deprivation of liberty or other rights, or

2) convict not required to serve the same by reason of amnesty, pardon, commutation of sentence or any other reason

criminal law (memory aid)

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