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Criminal Law Reviewer: Book 1 Midterms Alilio, Dulay, Jimeno, Olfindo
Fiscal Salva Notes
BASIC PRINCIPLES OF CRIMINAL LAW
Characteristics of Criminal Law
I. General criminal law is binding on all persons who live or sojourn in the
Philippines
Exceptions:
1. The opening sentence of the Art. 2 of RPC says that the provisions of this
Code shall be enforced within the
Philippine Archipelago, except as provided in the treaties and laws of
preferential application a. Treaty or treaty stipulation e.g.
Bases Agreement entered into by and
between Philippines and U.S., and
RP-US Visiting Forces Accord
b. Law of preferential application -R.A. 75 regarding diplomatic
representatives and their domestic
servants - ambassador or public
minister of any foreign state,
authorized and received as such by
the President, or any domestic or
domestic servant or any such
ambassador or minister
*Not applicable when the foreign country
does not provide similar protection to our
diplomatic representatives
2. Those subject to the principles of Public International law as provided in Art. 14
of the Civil Code
a. Sovereigns and other chiefs of state b. Ambassadors, ministers
plenipotentiary, ministers resident,
and charge daffaires *A consul is not entitled to the privileges
and immunities of an ambassador or
minister
*Principle of Inviolability - Embassies are
not extension of their state, hence triable
within the host country's court. However,
certain procedures must be observed in
serving summons in order not to violate the
principle of inviolabity (Regan v. CIR)
.
II. Territorial criminal laws undertake to punish crimes committed within
Philippine Territory
Exception: Article 2 of the RPC extradicial application of criminal laws
III. Prospective penal law cannot make an act punishable ina manner in which it was
not punishable when committed
Exceptions:
1. Where the new law is expressly made inapplicable to pending actions or
existing action
2. Where the offender is a habitual criminal
Different Effects of Repeal of Penal Law
1. If the new law totally repeals the existing law so that the act which was penalized
under the old law is no longer punishable,
the crime is obliterated
a. If the case is still pending, then the case will be dismissed.
b. If he has been convicted or serving sentence, then he shall be sent out
of jail.
2. If it is a partial or repealed by implication a. If the repeal makes the penalty
lighter in the new law, the new law
shall be applied.
Provided, there is no prohibition on
the retroactive application of the new
law and provided further, that the
convict is not a habitual criminal.
b. If the new law imposes a higher penalty, the law in force at the time
of the commission of the offense
shall be applied
How are crimes classified as to wrongness?
Mala In Se Mala Prohibita
-inherently wrong not inherently wrong
from the beginning, it
becomes punishable
because there is a special
law punishing the same.
(example: Possession of
unlicensed firearm)
Criminal intent must Motive or intent is not
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Criminal Law Reviewer: Book 1 Midterms Alilio, Dulay, Jimeno, Olfindo
Fiscal Salva Notes
always be proven in
cases of intentional
felony
(failure to establish the
intent would not make
the person criminally
liable
necessary, mere violation
of the law makes him
liable
Penalized under RPC Penalized under Special
Laws
Defense of good faith Not available
Penalties are divisible Not divisible
Mitigating and
Aggravating applied
Mitigating and
Aggravating not applied
Stages of execution Not applied bec. It is
usually consummated
unless Special law
provides punishment for
punishment for mere
frustration or attempting
of the act.
*When the acts are inherently moral, although
punished by a special law, they are mala in se and
therefore it must be shown that the act is committed
with malice (People v. Sunico)
Doctrine of Pro Reo- (Estrada) - When a
circumstance is susceptible to two interpretations,
one favorable to the accused and the other against
him, that interpretation favorable to him shall
prevail.
ARTICLE 2. TERRITORIALITY OF OUR
PENAL LAWS
GR: Laws shall apply only within the territory of
the country which includes the atmosphere, the
maritime zone, the territorial sea and all lands
within the Philippine Archipelago in relation to
Archipelagic Doctrine
EXP:
(1) Should commit an offense while on a Philippine ship or airship;
*Basis: Extension of the Philippine
sovereignty
*Any person who committed a crime on
board a Philippine ship or airship (registered
in the Philippine Bureau of Customs) while
the same is outside the Phil. territory (on
high seas, beyond 3 miles from the Phil.
shore) can be tried before our Philippine
courts BUT when it is in the territory of a
foreign country, it is subject to the laws of
that country
(2) Should forge or counterfeit any coin or currency note of the Philippine islands or
obligations and securities issued by the
Government of the Philippine Islands;
*Persons who commits the above acts,
although in a foreign country, may be
prosecuted before the Phil. court.
*Reason: Dangerous to the economical
interest of the country
(3) Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the
preceding number;
*Reason: Dangerous to the economical
interest of the country
(4) While being public officers or employees, should commit an offense in the exercise of
their functions;
*Crimes that may be committed in the
exercise of public functions:
1. direct bribery, 2. indirect bribery, 3. frauds against public treasury,
possession of prohibited interest,
4. malversation of public funds or property,
5. failure of accountable officer to render accounts, illegal use of public
funds or property,
6. failure to make delivery of public funds or property, and
7. falsification by a public officer or employee committed with abuse of
his public position
When any of these felonies is committed abroad
by any of our public officers or employees while
in the exercise of his functions, he can be
prosecuted here
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Criminal Law Reviewer: Book 1 Midterms Alilio, Dulay, Jimeno, Olfindo
Fiscal Salva Notes
(5) Should commit any of the crimes against national security and the law of nations,
defined in Title One Book Two of this Code.
*Crimes against national security and the
law on treason:
1. treason 2. conspiracy and proposal to commit
treason
3. espionage 4. inciting to war and giving motives
for reprisals
5. violation of neutrality 6. correspondence with hostile country 7. flight to enemys country 8. piracy and mutiny on the high seas
Crimes committed on board foreign merchant
ship or airship
a. An offense committed on the high seas on board a foreign merchant vessel is not triable by our
courts.
b. Offense committed on board a foreign merchant vessel while on Philippine waters is triable
before our court
Rules as to jurisdiction over crimes committed
aboard foreign merchant vessels
Nationality Rule
/French Rule
Anglo American/
English/Territoriality Rule
All offenses
committed on board
merchant vessel
while in the host
country shall be
subject to criminal
laws of the country
where such vessel
belongs
All offenses on board
merchant vessel, while in
the territory of a foreign
country, those crimes shall
be cognizable therein the
penal laws shall be
prescribed.
Exception: Crimes
which affects the
public safety,
security and order of
the host country
(crimes shall be
governed by the
penal laws of that
host country)
Exception: to those offenses
pertaining to the internal
affairs of the ship.; if it
affects the Peace and
Security of the country( the
offense committed will be
subject to their penal laws)
[People vs Togoto] A
merchant vessel within the
*killing or illegal
possession of drugs-
committed on board
a PH merchant
vessel in a Foreign
country- FOREIGN
LAW applies
If committed in
HIGH SEAS
(Article 2, RPC
applies)
territorial waters of
Vietnam, one passenger was
killed by crew member, no
action was taken by the
loacal authorities of
Vietnam. Ship captain
surrendered the accused,
and criminal action was
instituted- the accused
challenge the jurisdiction of
the court. (the offense
committed in Foreign
country)
SC ruled: that although
Vietnam adheres to the rule
of territoriality, the
EXCEPTION, is that when
the authoritites of that
foreign country did not take
actions to prosecute the
crime committed, once the
Philippine merchant vessel
is sent back in the
Philippines, the our
authorities can prosecute an
action against the offender.
* In the Philippines we follow the English Rule
* R.A. 9372, Human Security Act of 2207 (Anti-terrorism act) has also extra-territorial application -
i.e. ethnicity; against Filipino Citizen; directly
against the Philippine government.
Rule on Foreign Warships- they are not subject to
territorial laws because they are deemed extensions
of the territory of the country where they belong.
ARTICLE 3 FELONIES
Felonies- acts and omissions punishable by law
(RPC) ( must be alleged in the information that the
act was done willfully, unlawfully and feloniously)
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Criminal Law Reviewer: Book 1 Midterms Alilio, Dulay, Jimeno, Olfindo
Fiscal Salva Notes
Elements of Felonies:
1) There must be an act or omission 2) That act or omission must be punishable by
the RPC
3) That the act is performed or the omission incurred by means of dolo or culpa
When may a person incur criminal liability even he
acted without criminal intent?
1) In culpable felonies because criminal intent is replaced by negligence, imprudence, lack
of foresight, lack of skills
2) Mala prohibita
Dolo or Cupla
Intentional Felonies Culpable Felonies
-act of offender is
malicious
-with deliberate intent,
the offender, in
performing the act or
in incurring the
omission, has the
intention to cause an
injury to another
Elements:
a. freedom
b. intelligence
c. intent
- act of offender is not
malicious
- the injury caused by the
offender to another person
is unintentional - the wrongful act results
from negligence,
imprudence, lack of
foresight, lack of skills
Elements:
a. freedom
b. intelligence
c. imprudence, negligence,
lack of foresight or skill
negligence deficiency of perception, fails to pay
proper attention and to use
due diligence in
foreseeing the injury or
damage impending to be
caused, usually involves
lack of foresight
imprudence deficiency of action, fails to take
necessary precaution to
avoid injury, usually
involves lack of skill
Penalty prescribed
may be divisible and
therefore the rule on
Mitigating and
Aggravating
circumstances will
apply
Stages of execution
applies
Stages of Execution
cannot apply
Offenses- punishable by Special Laws (wilfully,
unlawfully and knowingly)
Infraction/Misdemeanors- violation of City or
Municipal Ordinance
Mistake of Fact - Ignorance from the law excuses
no one from compliance therewith but mistake of
fact once proven can completely exonerate the
accused from the crime charged.
Elements of Mistake of Fact:
1) that the act of the offender would have been lawful have the facts been what he believed;
2) the purpose of the act must be lawful; 3) there must be no negligence on the part of
the offender
Mistake of Law - Ignorance from the law excuses
no one from compliance therewith
everyone is presumed to know the law, and the fact that one does not know that his act
constitutes a violation of the law does not exempt
him from the consequences thereof. (Diego v. Castillo)
ARTICLE 4: CRIMINAL LIABILITY
Criminal Liability shall be incurred:
(1) By any person committing a felony
although a wrongful act done be different from
that which he intended.
Whenever a person commits a felony, he
shall be liable all the natural, direct and logical
consequences of his act. He who is the cause of the
cause is the cause of the evil cause.
*Not applied in culpable felonies, since INTENT is
necessary
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Criminal Law Reviewer: Book 1 Midterms Alilio, Dulay, Jimeno, Olfindo
Fiscal Salva Notes
Requisites:
1) That an intentional felony has been committed
2) That the wrong done to the aggrieved party be the direct natural and logical consequence
of the felony committed by the offender
*No felony is committed when the act or omission
is not punishable by the RPC, or when the act is
covered by any of the justifying circumstance under
Art. 11)
Three Instances:
(i) Aberratio Ictus (Mistake in the Blow) - a
person directed the blow at an intended victim, but
because of poor aim, that blow landed on somebody
else.
Penalty- Article 48- Complex Crime- When
a single act constitutes two or more grave or less
grave felonies, or when an offense is a necessary
means for committing the other, the penalty for the
MOST SERIOUS CRIME shall be imposed, the
same to be applied in its MAXIMUM period.
*Special aggravating circumstance
(ii) Error in Personam (Mistake in Identity)
- the victim actually received the blow but he was
mistaken for another who was not at the scene of
the crime.
Penalty- Article 49 - The penalty to imposed
to the offender is the penalty prescribed for the
crime he intended to commit but was not
committed, WHICHEVER IS LESSER to be
imposed in its MAXIMUM period.
(iii) Praeter Intentionem (The wrong done
went beyond the intent) - injurious result is greater
than that intended.
Penalty reduces the penalty based on Article 13(3) that the offender had no intention to
commit so grave a wrong as that committed.
Entitled to be mitigated.
Proximate cause - that cause, which, in natural and
continuous sequence, unbroken by any efficient
intervening cause, produces the injury, and without
which the result would not have occurred.
The felony committed is not the proximate
cause of the resulting injury when:
1) There is an active force that intervened between the felony committed and the
resulting injury, and the active force is a
distinct act or fact absolutely foreign from
the felonious act of the accused; or
2) The resulting injury is due to the intentional act of the victim (must be malicious)
*Neglect of wound or its unskillful and improper
treatment are deemed to have been among those
consequences which were in contemplation of the
guilty party and for which he is to be held
responsible.
*If a man creates in another person's mind an
imediate sense of danger and in so doing the latter
injures himself, such man who creates such a state
of mind is responsible for the resulting injuries.
(2) Impossible Crime - By any person performing
an act which would be an offense against persons
or property, were it not for inherent impossibility
of its accomplishment or on account of the
employment of inadequate or ineffectual means.
Elements of Impossible Crime:
1) that a person has performed an act which is against persons or property;
2) there must be an evil intent; 3) the offense he intended to commit is
inherently impossible, or that the means
employed is either inadequate/ineffectual
4) That the act performed should not constitute a violation of another provision of the RPC.
Penalty: Article 59 - Arresto Mayor and a fine
not more than P200-500.
The commission of an impossible crime is
indicative of the criminal propensity or criminal
tendency on the part of the actor.
Felonies against persons: parricide, murder,
homicide, infanticide, abortion, duel, physical
injuries, rape
Felonies against property: robbery, brigandage,
theft, usurpation, culpable insolvency, swindling
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Criminal Law Reviewer: Book 1 Midterms Alilio, Dulay, Jimeno, Olfindo
Fiscal Salva Notes
and other deceits, chattel mortgage, arson and other
crimes involving destruction, malicious mischief
*If the act performed would be an offense other
than a felony against persons or against property,
there is no impossible crime.
*There is no attempted or frustrated impossible
crime. The offender in impossible crime has already
performed the acts for the execution of the same,
there could be no attempted impossible crime.
There is no frustrated impossible crime because the
acts performs by the offender are considered as
constituting a consummated offense
ARTICLE 6: STAGES OF EXECUTION
A felony is CONSUMMATED when all the
elements necessary for its execution and
accomplishment are present.
FRUSTRATED when the offender
performs all the acts of execution which would
produce the felony as a consequence by which,
nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.
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.
Elements of attempted felony:
1. offender commences the commission of a felony directly by overt acts he merely commences the commission of the felony.
There must be an external act, and such
external act must have a direct connection
with the crime intended to be committed by
the offender
2. does not perform all the acts of execution which should produce the felony there is anything yet remained for him to do.
*In attempted felony, the offender never
passes the subjective phase of the offense.
Subjective phase is that portion of the acts
constituting the crime, starting from the
point where the offender begins the
commission of the crime to that point where
he has still control over his acts, including
its natural course.
If between these two points, the offender is
stopped by any cause other than his own
spontaneous desistance, the subjective phase
has not been passed and it is an attempt.
Objective phase is that portion of the acts of
the offender, where he has no more control
over the same. All the acts of execution have
been performed by him, he is now in the
waiting stage.
3. the offenders act is NOT stopped by his own spontaneous desistance- if by reason of own
spontaneous desistance the law does not
punish him. he is not liable to the attempted felony because he has no criminal
intent, but he may be liable to other crimes
which defines his act.
4. the non-performance of all acts of execution was due to cause or accident other than his
spontaneous desistance
Elements of Frustrated Felony:
1) the offender performs al acts of execution nothing more is left to be done by the
offender because he has performed the last
act necessary to produce the crime
2) all the acts performed would produce the felony
3) but the felony is not produced because if the felony is produced, it would be
consummated
4) by reason of causes independent of the will of the perpetrator may be the timely intervention of third persons
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Criminal Law Reviewer: Book 1 Midterms Alilio, Dulay, Jimeno, Olfindo
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*Theft can only be attempted or consummated.
Theft is produced when there is deprivation of
personal property due to its taking by one with
intent to gain. Viewed from that perspective, it is
immaterial to the product of the felony that the
offender, once having committed all the acts of
execution for theft, is able or unable to freely
dispose of the property stolen since the deprivation
from the owner alone has already ensued from such
acts of execution (Valenzuela v. People)
*If the wound/s sustained by the victim in such a
case were not fatal or mortal, then the crime
committed is only attempted murder or attempted
homicide. If there was no intent to kill on the part of
the accused and the wound/s sustained by the victim
were not fatal, the crime committed may be serious,
less serious or slight physical injury. (Palaganas v.
People)
*For the charge of frustrated murder to flourish, the
victim should sustain a fatal wound that could have
caused his death were it not for timely medical
assistance. (People v. Almazan)
*An essential element of murder and homicide,
whether in their consummated, frustrated or
attempted stage, is intent of the offenders to kill the
victim immediately before or simultaneously with
the infliction of injuries. (Rivera v. People)
*Jurisprudence dictates that the labia majora must
be entered for rape to be consummated, and not
merely for the penis to stroke the surface of the
female organ. Thus, a grazing of the surface of the
female organ or touching the mons pubis of the
pudendum is not sufficient to constitute
consummated rape. Absent any showing of the
slightest penetration of the female organ, i.e.,
touching of either labia of the pudendum by the
penis, there can be no consummated rape; at most, it
can only be attempted rape, if not acts of
lasciviousness. (People v. Campuhan)
ARTICLE 8: CONSPIRACY
Conspiracy and Proposal to commit felony
are punishable only in the cases in which the law
specially provides a penalty therefor.
Conspiracy exists when two or more persons
come to an agreement concerning the commission
of a felony and decide to commit it
There is Proposal when the person has
decide to commit a felony proposes its execution to
some other person or persons.
2 Concepts of Conspiracy
1) Conspiracy as a crime itself Art. 115 Conspiracy to commit treason, Art. 136
Conspiracy to commit coup'd'etat, rebellion,
insurrection, Art.141 Conspiracy to commit
sedition.
2) Conspiracy as a manner of incurring criminal liability When conspiracy relates to a crime actually committed, it is not a
felony but only a manner of incurring
criminal liability that is, when there is
conspiracy, the act of one is the act of all.
When conspiracy is only a manner of
incurring criminal liability, it is not
punishable as a separate offence.
Elements of Conspiracy to commit felony
1) there must be two or more persons involved; 2) that these two or more persons come to an
agreement to commit a crime or a felony;
3) that they decided to commit the felony
Mere agreement to commit the crime will not
constitute a punishable conspiracy unless the 3rd
requisite of the decision to commit the same have
been arrived at by the conspirators.
As a RULE: CONSPIRACY IS NOT
PUNISHABLE. It only becomes punishable when
there is specific provision of law providing
punishment for mere conspiracy or proposal to
commit a felony.
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Criminal Law Reviewer: Book 1 Midterms Alilio, Dulay, Jimeno, Olfindo
Fiscal Salva Notes
2 Kinds of Conspiracy
1) Direct Conspiracy - Conspiracy by Pre-Agreement
*A 3rd person is required to testify in the
court if no 3rd person/witness, assess the individual acts if concerted to one unity of design
(implied conspiracy).
To establish conspiracy, evidence of actual
cooperation rather than mere cognizance or
approval of an illegal act is required.
A conspiracy must be established by
positive and conclusive evidence. It must be shown
to exist as clearly and convincingly as the
commission of the crime itself. Mere presence of a
person at the scene of the crime does not make him
conspirator for conspiracy transcends
companionship.
2) Implied Conspiracy- when two or more person took part in the commission of the
crime, each one has acted to be independent
of each other but in reality they are geared
toward the attainment of a common goal.
*No witness required because there is no
evident pre-meditation to prove
Example:
If A decided treason against the government,
but he could not commit treason by himself, so he
proposes the same to X and Y who accepted such,
If they are caught at the moment X and Y accepted
the proposal, for what crime or crimes will they be
prosecuted? Will they be prosecuted for proposal?
[NO] the crime which will be prosecuted is
conspiring to commit treason
Why? Because the moment A and the X and
Y agreed to the proposal then they constitute two or
more person who come to an agreement to commit
treason and decides to commit it, therefore all of
them SHALL BE LIABLE for the crime of
conspiring to commit treason. You will no longer
separate the liability of the one who proposes from
that of those who accepted the proposal. The crime
is conspiring to commit treason because they come
to an agreement to commit treason and decides to
commit it.
Elements of Proposal:
1) that a person has decided to commit a felony 2) that he proposes its execution to some other
person or persons
*Examples: Poposal to commit treason, proposal to
commit rebellion, proposal to commit coup d 'etat,
proposal to commit insurrection, proposal to
commit terrorism.
ARTICLE 10- OFFENSES NOT SUBJECT TO
THE PROVISIONS OF THE 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.
* The provision of the RPC on penalties cannot be
applied to offenses punishable under special laws special laws do not provide a scale of penalties and
that penalty provided by a special law does not
contain 3 periods.
*Attempted and frustrated stage of the execution of
an offense penalized by a special law is not
punishable, unless the special law provides a
penalty therefor a special law has to fix penalties for attempted and frustrated crime
*The plea of guilty is not mitigating in illegal
possession of firearms punished by a special law offenses under special laws are not subject to
provisions of Art. 64 of RPC prescribing rules for
the graduation of penalties containing three periods
when mitigating/aggravating circumstances
attended the commission of the crime
*No accessory penalty, unless the special law
provides therefor
RPC considered as supplementary to special laws Art.22, retroactive application of penal laws, Art.39,
subsidiary imprisonment, Art.45, confiscation of the
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Criminal Law Reviewer: Book 1 Midterms Alilio, Dulay, Jimeno, Olfindo
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instruments used in the commission of crime, Art.
17, participation of principal to the commission of
crime
*The provisions of RPC are not applicable unless
the Special laws follows its nomenclature of
penalties.
RA 9165(Comprehensive Dangerous Drugs Act) does not follow the
provisions of RPC.
RA 8294 Illegal Possession of Firearms follows the nomenclature
of penalties under RPC.
ARTICLE 11: JUSTIFYING CIRCUMSTANCE
The following do not incur any criminal liability
BASIS: Lack of Criminal Intent
1) [SELF-DEFESE] Anyone who acts in defense of his person or rights, provided that the
following circumstances concur:
a. First. Unlawful aggression. i. Actual the danger must be
present, actually in existence
ii. Imminent- is on the point of happening *Threat to kill so
strong with the intention to inflict
injury
b. Second. Reasonable necessity of the means employed to prevent or repel it.
i. Presence of imminent danger; ii. Emergency to which the person
defending himself has been
exposed to;
iii. Nature and quality of the weapon used by the accused compared to
the weapon of the aggression;
iv. Impelled by the instinct self-preservation;
v. Size and/or physical character of the aggressor compared to the
accused
c. Third. Lack of sufficient provocation on the part of the person defending himself
Defense of Property Principle of Self-Help: pursuant of Article
429 of the Civil Code, the owner or lawful
possessor of a thing as a right to exclude any person
from enjoyment and disposal thereof. For this
purpose, he may use such force as may be
reasonably necessary to repel and prevent an actual
or threatened unlawful physical invasion or
usurpation of his property.
2) [Defense of Relatives] Requisites: 1. Unlawful aggression 2. Reasonable necessity of the means
employed to prevent or repel it
3. In case the provocation was given by the person attacked, the one making the defense
had no part therein;
3) [Defense of Stranger] Requisites:
1. Unlawful aggression 2. Reasonable necessity of the means
employed to prevent or repel it
3. The person defending was not induced by REVENGE, RESENTMENT, or other EVIL
MOTIVE
4) [Avoidance of greater evil or injury] Requisites:
1. That the evil sought to be avoided actually exists;
2. that the injury feared be greater than that done to avoid it;
3. There be no other practical and less harmful means of preventing it.
*Civil liability exist to be shared by the person
benefited by the act.
5) [Fulfillment of Duty or Lawful exercise of right or office]
Requisites: 1. That the accused acted in the performance of
a duty or in the lawful exercise of a right or
office; and
2. That the injury caused or the offense committed be the necessary consequence of
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Criminal Law Reviewer: Book 1 Midterms Alilio, Dulay, Jimeno, Olfindo
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the due performance of duty or the lawful
exercise of such right or office
6) [Obedience to an order issued for some lawful purpose]
Requisites: 1. that an order has been issued by a superior, 2. that such order must be for some lawful
purpose
3. that the means used by the subordinate to carry out said order is lawful.
*Battered Woman Syndrome (RA 9262) one who
is repeatedly subjected to any forceful or
psychological behavior by a man in order to coerce
her to do something he wants her to do without
concer for her rights. In order to be classified as
Battered Woman, the couple must go through the
acute battering cycle atleast twice.
ARTICLE 12: EXEMPTING
CIRCUMSTANCES
BASIS: Complete absence of intelligence, freedom
of action or intent, or absence of negligence on the
part of the accused.
1) Imbecility or Insanity BASIS: lack of intelligence
2 tests of INSANITY:
1. Test of Cognition - complete deprivation of intelligence in committing
the crime
2. Test of Volition- total deprivation of freedom of will
*Imbecility- feeblemindedness. It exists
when a person while of advanced age, has a
mental development of a child between 2-7
years old. (exempt in all cases)
*Insanity - exists when there is a complete
deprivation of intelligence or freedom of the
will. Mere abnormality is not enough. (Not
exempted if acted during Lucid Interval)
Effects of Insanity of the Accused:
a) At the time of the commission of the crime- exempting
b) During Trial - Criminal proceedings will be suspended
c) After Judgment or while serving sentence - the execution of judgment
of conviction shall be suspended and
the court shall order that accused be
committed to a hospital.
2) A person 15 years or under * RA 9344 exempt from criminal liability - subject to
Intervention Program
3) A person over 15 and under 18 unless he acted with discernment BASIS: Complete absence of intelligence
*Without discernmentIntervention Program *With discernment- Diversion Program
*Automatic Suspension of Sentence- once
the child who is under 18 years of age at the
time of commission of the offense is fopund
guilty of the offense charged, the court shall
determine and ascertain any civil liability
which may have resulted from the offense
committed. However, instead of
pronouncing the judgment of conviction, the
court shal place the child in conflict with
law under suspended sentence, without need
of application: provided, however, that the
suspension of sentence shall still be applied
even if the juvenile is already 18 years of
age or more at the time of pronouncement of
his/her guilt.
4) Accident without fault or intention of causing it.
BASIS: Lack of Negligence and Intent
Elements:
1. A person is performing a lawful act; 2. With Due care; 3. he causes injury to another by mere
accident
4. Without fault or intention of causing it *No civil liability
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5) A person who acts under the compulsion of an irresistible force
BASIS: Complete absence of Freedom
Elements:
1. that the compulsion is by means of physical force
2. that the physical force must be irresistible;
3. without fault or intention of causing it
6) Uncontrollable Fear BASIS: Complete absence of freedom
Elements: 1. that the threat which causes the fear is of
an evil greater than, or at least equal to,
that which he is required to commit ;
2. that it promises an evil of such gravity and imminence that the ordinary man
would have succumbed to it.
7) Insuperable Cause Basis: Lack of Intent
Elements: 1. that an act is required by law to be done 2. that a person fails to perform such act 3. that his failure to perform such act was
due to some lawful or insuperable cause
*No civil liability
ARTICLE 13: MITIGATING
CIRCUMSTANCES
1) Incomplete Justifying/ Exempting Circumstances- Unlawful aggression must
be always present (Article 69)
2) Over 15 and under 18, if there is discernment or over 70 yrs. Old
BASIS: Diminution of Intelligence
Legal Effects
15 and below Exempting
Above 15 but under 18 Exempting UNLESS
acted with discernment
Penalty reduced by 1
degree lower
18 yrs or over Full criminal
responsibility
70 yrs or over Mitigating, no
imposition of death
penalty if already
imposed
Child in conflict under
18 years who acted with
discernment
Sentence suspended
3) No intention to commit so grave a wrong (Praeter Intentionem)
BASIS: Diminution of Intent
4) Provocation or threat BASIS: Diminution of Intelligence and
Intent
Requisites:
1. The provocation must be sufficient it depends:
2. the act constituting the provocation; 3. social standing of the person provoked 4. place and time when the provocation is
made
5. It must originate from the offended party
6. the provocation must be personal and directed to the accused
7. that the provocation must be immediate to the act, or the commission of the
crime
5) Vindication of grave offense BASIS: Diminution of the conditions of
voluntariness
Requisites:
1. that there be a grave offense done to the one committing the felony, his spouse,
ascendants, descendants, legitimate,
natural or adopted brothers or sisters or
relatives by affinity within the same
degrees;
2. that the felony is committed in immediate vindication of such grave
offense.
6) Passion or Obfuscation BASIS: Diminution of Intelligence or intent
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Requisites:
1) that there an act, both unlawful and sufficient to produce such a condition of
mind;
2) that said act which produced the obfuscation was not far removed from
the commission of crime by a
considerable, length of time, during
which the perpetrator might recover his
normal equanimity;
3) the act causing such obfuscation was committed by the victim himself.
7) Surrender and Confession of guilt BASIS: Lesser Perversity of the offender
Requisites of Voluntary Surrender 1. that the offender had not been actually
arrested;
2. that the offender surrendered himself to a person in authority or to the latters agent
3. that the surrender was voluntary
Requisites of voluntary plea of guilty: 1. that the offender spontaneously
confessed his guilt
2. that the confession of guilt was made in open court, that the, before the
competent court that is to try the casse
3. that the confession of guilt was made prior to the presentation of evidence for
the prosecution
4. that the confession of guilt was to the offense charged in the information
8) Physical defect of the offender BASIS: Diminution of freedom of action,
therefore diminution of voluntariness
9) Illness of the Offender BASIS: Diminution of Intelligence and
intent
Requisites:
1. that the illness of the offender must diminish the exercise of his will-power
2. that such illness should not deprive the offender of consciousness of his act
10) Similar or Analogous Circumstances Examples:
1. impulse of jealousy; 2. over 60 yrs with failing sight
Article 14: AGGRAVATING
CIRCUMSTANCES
BASIS: Greater perversity of the offender
manifested in the commission of the felony as
shown by:
1. motivating power itself 2. place of the commission 3. means and ways employed 4. the time 5. the personal circumstance of the offender, or
the offended party
1) That advantage be taken by the offender of his public position
BASIS: Greater perversity of the offender
as shown
1. by means of personal circumstances of the offender;
2. by means used to secure the commission of the crime
2) That the crime be committed in contempt of or with insult to public authorities
BASIS: Greater perversity of the offender as
shown by his lack of respect for the public
authorities.
Requisites:
1. That the public authority is engaged in the exercise of his functions;
2. That he who is thus engaged in the exercise of said functions is not the
person against whom the crime is
committed;
3. The offender knows him to be a public authority;
4. His presence has not prevented the offender from committing the criminal
act.
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3) Crime committed with insult or disregard of the respect due to the offended party
on account of his rank, age or sex or
committed in the dwelling
BASIS: Greater perversity of the offender as
shown
1. By means of personal circumstances of the offended party;
2. by place of the commission of the crime
*Age: Disregard of Old age not aggravating
in robbery and homicide - robbery with
homicide is primarily a crime against
property and not against persons.
*Sex: Not aggravating: offender acted
passion and obfuscation; relationship exists
between offended party and offender;
condition of a woman is indispensable of the
crime.
*Refers to female sex only.
*Dwelling : If provocation was:
Given by the owner of the dwelling;
Sufficient; and,
Immediate to the commission of the crime.
Then dwelling is NOT aggravating.
Offended party must not give provocation.
*Not aggravating when both offender and
offended party are occupants of the same
house; robbery is committed with force
upon things (Inherent); trespass to dwelling
(inherent); dwelling not included in
Treachery.
4) That the crime With abuse of confidence or obvious ungratefulness
BASIS: Greater perversity of the offender as
shown by the means and ways employed
Abuse of confidence, requisites: 1. That the offender had trusted the
offender.
2. That the offender abused such trust by committing the crime against the
offended party.
3. That the abuse of confidence facilitated the commission of the crime.
5) Committed in the place of the Chief Executive or where public authorities are
engaged in the discharge of their duties or
place dedicated to religious worship
BASIS: Greater perversity of the offender as
shown by the place of the commission of the
crime, which must be respected
In these cases, the offender must have the
intention to commit a crime when he entered
the place.
6) Nighttime/ uninhabited place/ by a band BASIS: on the time and place of the
commission of the crime and means and
ways employed
When AGGRAVATING:
1. When it facilitated the commission of the crime(objective)
2. When especially sought for by the offender to insure the commission or for
the purpose of impunity (subjective)
3. when the offender took advantage thereof for the purpose of impunity
Nighttime (Viada) that period of darkness beginning at the end of dusk and ending at
dawn.
*Absorbed in Treachery
Exception: both treacherous attack and
nocturnity were deliberately decided treated
as separately
Uninhabitated place one where there are no houses at all, a place at a considerable
distance from town, or where the houses are
scattered at a great distance from each other.
Band whenever more than three armed malefactors shall have acted together in the
commission of an offense (all must be
principals by direct participation).
*Absorbed - Abuse of Superior of Strength
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*Inherent - in Brigandage but not in
Robbery
7) Conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune.
BASIS: Reference to the time of the
commission of the crime.
REASON: Debased form of criminality met
in one who, in the midst of a great calamity,
instead of lending aid to the afflicted, adds
to their suffering by taking advantage of
their misfortune to despoil them.
8) In aid of armed men or persons who insure or afford impunity
BASIS: the time of the commission
Requisites:
1. That the armed men or person took part in the commission of the crime, directly
or indirectly;
2. That the accused availed himself of their aid or relied upon them when the crime
was committed.
*Band may be absorbed in aid or armed men.
9) Recidivist (generic aggravating circumstance)
BASIS: Greater perversity of the offender,
as shown by his inclination to crimes.
Requisites: 1. The offender is on trial for an offense; 2. That he was previously convicted by a
final judgment of another crime;
3. That both the first and the second offenses are embraced in the same title
of Code;
4. That the offender is convicted of the new offense.
10) Reiteracion BASIS: Greater perversity of the offender as
shown by his inclination to crimes
Requisites: 1. The accused is on trial for an offense; 2. That he previously served sentence for
another offense which the law attaches
an equal or greater penalty, or for two or
more crimes to which it attaches lighter
penalty than that for the new offense;
and
3. That he is convicted of the new offense.
11) Price/Reward/Promise BASIS: Greater perversity of the offender,
as shown by motivating power itself.
If without previous promise it was given
voluntarily after the crime had been
committed as an expression of his
appreciation for the sympathy and aid shown
by other accused, it should not be taken into
consideration for the purposes of increasing
the penalty. US vs. Flores, 28 Phil. 29, 34)
12) Inundation, fire, explosion, stranding of a vessel or intentional damage thereto,
derailment of a locomotive, or by use of any
other artifice involving great waste and ruin.
BASIS: Means and ways employed
When there is no actual design to kill a
person in burning a house, it is plain arson
even if a person is killed.
13) Evident Premeditation BASIS: reference to the ways of
committing the crime because evident
premeditation implies a deliberate planning
of the act before executing it.
Requisites, the prosecution must prove:
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 consequence of
his act and to allow conscience to
overcome the resolution of his will.
*Inherent: Robbery; theft; estafa
*Absorbed: Reward/promise
*May be Aggravating: Robbery with Homicide
if included in killing.
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14) Craft, fraud or disguise BASIS: Means employed in the
commission of the crime
Craft involves the use of intellectual trickery or cunning on the part of the
accused.
Fraud insidious words or machinations use to induce the victim to act in a manner
which would enable the offender carry out
his design.
Disguise resorting to any device to conceal identity.
15) Advantage be taken of superior strength/ means be employed to weaken defense
BASIS: Means employed in the
commission of the crime
Abuse of superior strength is also present
when the offender uses a weapon which is
out of proportion to the defense available to
the offended party.
*Absorbed in Treachery
*Inherent in Parricide
*Absorbed in Band
16) Treachery (alevosia) BASIS: Means employed in the
commission of the crime
Treachery there is treachery when the offender commits any of the crimes against
person, employing means, method 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.
Requisites:
1. That at the time of attack, the victim was not in a position to defend himself; and
2. That the offender consciously adopted the particular means, method or form on
the attack employed by him.
Summary of rules: (1) When aggression
is continuous, treachery must be present
at the beginning of the assault; (2) When
the assault was not continuous, in that
there was interruption, it is sufficient
that treachery was present at the moment
the fatal blow was given.
*Absorbed: Disregard of Sex; Craft; Abuse of
superior strength; employing means to weaken
defense sudden and unexpected attack; band; aid or
armed men; nighttime
17) Ignominy BASIS: Means employed
Ignominy pertains to moral order, which adds disgrace and obloquy to the material
injury caused by the crime.
*Applicable to: Crimes against chastity; less
serious physical injuries; slight grave injuries;
murder
18) That crime be committed after an unlawful entry.
BASIS: Means and ways employed
There is unlawful entry when an entrance is
effected by a way not intended for the
purpose.
19) That as a means to the commission of the crime, a wall, roof, floor, door, or window
be broken.
BASIS: Means and ways employed
The act of entering through the window,
which is not the proper place for entrance
into the house, constitutes unlawful entry.
20) Crime be committed with aid of persons under 15 years of age or by means of
motor vehicles, airships, or other similar
means.
BASIS: Means and ways employed
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minors taking advantage of their irresponsibility
must be motorized
USE OF MOTOR vehicle AGGRAVATING, where the
accused purposely and deliberately
used the motor vehicle in:
1. going to the place of the crime 2. carrying away the effects thereof 3. in facilitate their escape
21) Deliberately augmented by causing other wrong (cruelty)
BASIS: Ways employed to commit the
crime
Cruelty when the culprit enjoys and delights in making his victim suffer slowly
and gradually, causing him unnecessary
physical pain in the consummation of the
criminal act. People vs. Dayug, 49 Phil. 423,
427
Requisites:
1. That the injury caused be deliberately increased by causing other wrong;
2. That the other wrong be unnecessary for the execution of the purpose of the
offender.
IGNOMINY CRUELTY
Involves mental
suffering
Refers to physical
suffering
ARTICLE 15: ALTERNATIVE
CIRCUMSTANCES
Relationship Intoxication Degree of instruction and education of the offender
1) Relationship 1. Spouse 2. Ascendants 3. Descendants 4. Legitimate, natural or adopted brother or
sister
5. relative by affinity in same degree of the offender
6. stepfather or stepmother / stepson / stepdaughter
7. adopted parent and adopted child
Crimes against Property
Mitigating Exempting
--robbery
-usurpation
-fraudulent insolvency
-arson
-theft
-estafa
-malicious mischief if
the offender and the
offended party lives
together
Crimes against Person
Mitigating Aggravating
Less serious physical
injuries, slight
physical injuries, if the
offended party is
lower in degree;
Less serious physical
injuries, slight physical
injuries, if the offended
party is higher in degree;
When admitted:
ascendants, descendants,
legitimate, natural or
adopted brothers or sisters,
relatives by affinity within
the same degrees;
-Rape- if done by
stepfather or father
-Homicide/Muder
Crimes against Chastity
Acts of Lasciviousness- always aggravating
2) Intoxication
Mitigating Aggravating
If not habitual When habitual
Not subsequent to the
plan
Intentional
3) Degree of Instruction
Mitigating Aggravating
Low degree High degree
When schooling was
confined in studying
When offender took
advantage of the degree
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Crimes against Property; Chastity; Treason -
Always Aggravating
Absolutory Causes
Those where the act committed is a crime but for
reasons of public policy the accused is exempt from
criminal liability.
Other Absolute Causes:
1) Spontaneous desistance
2) Accessories who are exempt from criminal
liability
3) Persons exempt from criminal liability for
theft, estafa and malicious maischief
4) Instigation committed by a peace officer
5) Death or physical injuries under exceptional
circumstances
6) Relationship
7) Marraige
ARTICLE 16: WHO ARE CRIMINALLY
LIABLE
*Qualify if grave, less grave or light felonies
Grave and less grave felonies 1. Principal
2. Accomplice
3. Accessories
Light felonies
1. Principals
2. Accomplices
*Accesories are not liable for light felony because it
produces such insignificant moral and material
injuries that public conscience is satisfied with
providing a light felony for their consummation.
Wrong done is so olight, there is no need of
providing penalty.
Accomplice vs Principal by Indispensable
Cooperation
Accomplice Principal by
Indispensable
Cooperation
Community of criminal
design
Community of criminal
design
Dispensable for the
commission of the
offense
(Could be committed
even without the
participation of the
Indispensable for the
commission of the
offense (without whose
participation would not
have been committed)
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.
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.
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: chan robles virtual law
library
1. By profiting themselves or assisting the offender to
profit by the effects of the crime.chanrobles virtual law
library
2. By concealing or destroying the body of the crime, or
the effects or instruments thereof, in order to prevent its
discovery.chanrobles virtual law library
3. 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 whenever the author
of the crime is guilty of treason, parricide, murder, or an
attempt to take the life of the Chief Executive, or is known
to be habitually guilty of some other crime.
Art. 20. Accessories who are exempt from criminal
liability. The penalties prescribed for accessories shall not be imposed upon those who are such with respect to
their spouses, ascendants, descendants, legitimate, natural,
and adopted brothers and sisters, or relatives by affinity
within the same degrees, with the single exception of
accessories falling within the provisions of paragraph 1 of
the next preceding article.
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accomplice)
Does not take direct
part in the commission
of the crime
Takes direct part in the
commission of the crime
ARTICLE 19: ACESSORY
Art. 19, par. 1
1. By profiting themselves or assisting the offender to profit by the effects of the crime.
In relation to Anti-Fencing Law (PD 1612)
Fencing act of any person who with intent to gain for himself or for another, shall buy, receive,
possess, keep, acquire, conceal, sell, or dispose of
or shall buy and sell or in any other manner deal in
any article item object or anything of value which
he know or should be known to him to have been
derived of proceeds of the crime of robbery or theft.
Presumption of fencing mere possession of any goods article, item, object or anything of value
which has been the subject of robbery or thievery
shall be prima facie evidence of fencing
Article 19, par. 3
1. By public officer harboring, concealing or assisting in the escape of the principal of any
crime (not light felony) with the abuse of
public functions
2. Private persons harboring, concealing or assisting in the escape of the author of the
crime guilty of treason, parricide, murder, or
an attempt to take the life of the chief
executive or is known to be habitually guilty
of some other crime (MAPHAT)
*The private person is liable under PD
1829(obstruction of justice) if he assisted the
author the crime for crimes other than treason,
parricide, murder or an attempt to take the life of
the chief executive or is known to be habitually
guilty of some other crime.
In relation to Crime of Obstruction of Justice (PD
1829)
PD 1829 penalizes the act of any person
who knowingly or willfully obstructs, impedes,
frustrates or delays the apprehension of suspects
and the investigation and prosecution of crimes
*Not necessary that principal of a felony is
convicted first before an accessory could be held
liable, as long as there is corpus delicti, by the
principal and act of accessory, with competent
evidence can be liable as accessory.
*Corpus Delicti elements:
1. A crime has been committed 2. There is an author of the crime
ARTICLE 22: RETROACTIVITY OF PENAL
LAWS
GR: Penal laws are applied prospectively.
XPN: when penal laws favor the accused.
XPN:
1. Habitual criminal (Person who within a period of ten years
from the date of his last
conviction or release the crime
of falsification, robbery, estafa,
theft, serious or less serious
physical injuries is found guilty
of any said crime for a third
time or oftener).
2. The new or amendatory law provide proscription for the
retrospective application.
ARITCLE 23: PARDON BY THE OFFENDED
PARTY
May an offended party grant pardon to an offender?
If so what are the effects?
Yes. Art. 23. Effects of pardon by the
offended party does not extinguish criminal action
except as provided in article 344 of this code.
*Art 344. Except in prosecution of crimes adultery,
concubinage, seduction, abduction, and acts of
lasciviousness Pardon by the offended party extinguishes criminal action
Also in rape Art 266 [c] subsequent marriage
between the offender and the offended party shall
extinguish criminal action
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*In marital rape criminal action is not extinguished
if marriage is void.
ART.29 PREVENTIVE IMPRISONMENT
What is preventive imprisonment?
It is the period of detention to be undergone
by an accused when the offense with which he is
charged is non-bailable or even if bailable he cannot
post a bond for his provisional liberty.
Requisites:
1. The sentence imposed by the court consists of deprivation of liberty or imprisonment;
2. The offender has undergone preventive imprisonment during the pendency of the
criminal proceeding until the penalty of
judgment;
3. The detention prisoner agrees voluntarily in writing by the same disciplinary rules
imposed upon convicted prisoners.
Accused entitled to full credit if he agrees
voluntarily to abide by the same disciplinary rules
imposed upon convicted prisoners. Otherwise, if he
disagrees he will only be entitled to 4/5 of the
credit.
Who are not entitled to full-credit or 4/5 of the time
of preventive imprisonment?
1. Recidivists or those convicted previously twice or more times of any crime; (includes
habitual delinquents)
2. Those who, upon being summoned for the execution of their sentence have failed to
surrender voluntarily.
What are different benefits of the accused?
1. Pre-sentence benefits (no conviction) a. Release/recognizance or reduce amount
of bail (Rule 114, Section 16)
i. When the person has been in custody for a period equal to or more than the
possible imprisonment prescribed for
the offense charged, he shall be
released immediately, without
prejudice to the continuation of the
trial or the proceedings on appeal.
ii. If the maximum penalty to which the accused may be sentenced is destierro
he will be released after thirty (30)
days of preventive imprisonment.)
iii. A person in custody for a period equal to or more than the minimum of the
principal penalty prescribed for the
offense charged, without application
of the Indeterminate Sentence Law or
any modifying circumstance, shall be
released on a reduced bail or on his
own recognizance, at the discretion of
the court.
2. Post-sentence benefits a. When a detention prisoner agrees
voluntarily in writing to observe the
same disciplinary measures imposed
upon convicted prisoners, he shall be
credited the full-time of the service he
has undergone preventive imprisonment
and it will be deducted on his final
sentence
b. If the detention prisoner do not agree voluntarily in writing after being
informed the effects thereof and with
the assistance of counsel to abide by the
same disciplinary rules imposed upon,
he shall be only credited in the service
of his sentence with 4/5 of the time
during which he has undergone
preventive imprisonment, provided that
(1) he is not a recidivists or have been
convicted previously twice or more
times of any crime; and (2) upon being
summoned for the execution of their
sentence they have failed to surrender
voluntarily. (Golden Notes)
c. if the penalty imposed after trial is less than the full time or less than 4/5 of the
preventive imprisonment-the convict
shall be released by the court
immediately (Golden Notes)
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[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
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
SECTION 1. Article 29 of Act No. 3815, as amended,
otherwise known as the Revised Penal Code, is hereby further
amended to read as follows:
ART. 29. Period of preventive imprisonment deducted from term of imprisonment. 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 after being informed of the effects
thereof and with the assistance of counsel to abide by the same
disciplinary rules imposed upon convicted prisoners, except in
the following cases:
1. When they are recidivists, or have been convicted previously twice or more times of any crime; and
2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.
If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall
do so in writing with the assistance of a counsel and shall be
credited in the service of his sentence with four-fifths of the
time during which he has undergone preventive imprisonment.
Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty (30) years.
Whenever an accused has undergone preventive imprisonment for a period equal to the possible maximum
imprisonment of the 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. COMPUTATION of preventive imprisonment
for purposes of immediate release under this paragraph shall
be the actual period of detention with good conduct time
allowance: Provided, however, That if the accused is absent
without justifiable cause at any stage of the trial, the court
may motu proprio order the rearrest of the accused: Provided,
finally, That recidivists, habitual delinquents, escapees and
persons charged with heinous crimes are excluded from the
coverage of this Act. In case the maximum penalty to which
the accused may be sentenced is lestierro, he shall be released
after thirty (30) days of preventive imprisonment.
SEC. 2. Article 94 of the same Act is hereby further amended
to read as follows:
ART. 94. Partial extinction of criminal liability. Criminal liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn while he is undergoing preventive imprisonment or serving his
sentence.
SEC. 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.
SEC. 4. Article 98 of the same Act is hereby further amended
to read as follows:
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Fiscal Salva Notes
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.
SEC. 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.
SEC. 6. Penal Clause. Faithful compliance with the provisions of this Act is hereby mandated. As such, the
penalty of one (1) year imprisonment, a fine of One hundred
thousand pesos (P100,000.00) and perpetual disqualification
to hold office shall be imposed against any public officer or
employee who violates the provisions of this Act.
SEC. 7. Implementing Rules and Regulations. The Secretary of the Department of Justice (DOJ) and the Secretary of the
Department of the Interior and Local Government (DILG)
shall within sixty (60) days from the approval of this Act,
promulgate rules and regulations on the classification system
for good conduct and time allowances, as may be necessary, to
implement the provisions of this Act.
SEC. 8. Separability Clause. If any part hereof is held invalid or unconstitutional, the remainder of the provisions not
otherwise affected shall remain valid and subsisting.
SEC. 9. Repealing Clause. Any law, presidential decree or issuance, executive order, letter of instruction, administrative
order, rule or regulation contrary to or inconsistent with the
provisions of this Act is hereby repealed, modified or
amended accordingly.
EFFECTS OF PENALTIES
Art. 34. Civil Interdiction. Civil interdiction shall deprive the offender during the time of his
sentence the rights:
1. parental authority or guardianship either as to person or property of any ward;
2. marital authority; and 3. right to manage his property or right to
dispose such property by any act or any
conveyance inter vivos
*He can make a will or disposition mortis causa
What is the nature of civil interdiction?
Accessory to death, r. perpetua, and r. temporal
How is it imposed?
Deemed imposed with the principal penalty
During what time the convict suffers civil
interdiction?
During service of sentence
Art. 36. Pardon. Its effects. 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.
Pardon shall not exempt the culprit from payment
civil indemnity imposed upon him by the sentence.
What is the effect of pardon?
Penalty is extinguished. However, the right to hold
public office and the right to suffrage is not restored
unless expressly restored in the pardon.
Pardon granted in general terms does not include
accessory penalty except when an absolute pardon
is granted after the term of imprisonment has
expired and it appears that the purpose of the chief
executive is precisely to restore those rights.
Limitations
*When can the President exercise pardon?
1. Power can be exercised only after conviction by final judgment.
2. Cannot extend to cases of impeachment.
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*What is the effect of submitting the application for
pardon pending appeal?
The persons who submitted the application shall be
criminally and administratively liable. Because
pardon may be granted only after conviction by
final judgment.
Pecuniary liability (Art. 38) in relation to
Subsidiary Penalty (Art. 39)
Art. 38. Order of payment. - in case property of
the offender shall not be sufficient for the payment
of all his pecuniary liability the same shall be met in
the following order(RIFC):
1. Reparation of the damage caused; 2. Indemnification of consequential damages 3. Fine or 4. Cost of the proceedings
The order of payment of pecuniary liabilities must
be observed the courts cannot disregard the order of
payment.
Art. 39. Subsidiary Penalty. It is a subsidiary personal liability to be suffered by the convict who
has no property with which to meet the fine, at the
rate 1 day for each highest minimum wage in the
Philippines.
Subsidiary imprisonment is not an accessory
penalty. It must be expressly imposed in the
judgment of conviction. No subsidiary
imprisonment if not stated in the decision.
Subsidiary penalty is not applicable for other
pecuniary liabilities. ONLY FOR FINE.
How can an accused be compelled to undergo
subsidiary imprisonment?
1. Must be declared in the judgment. 2. Possible only if the penalty imposed are:
a. Prision correcional b. Suspension and fine c. Destierro d. Arresto mayor e. Arresto menor f. Fine only
Rules:
1. The penalty imposed is prision correcional or arresto and fine - subsidiary
imprisonment shall not exceed 1/3 of the
term of sentence and shall in no case
continue for one year.
2. When the penalty imposed is fine only - the subsidiary imprisonment shall not exceed
six (6) months if the offense is grave or less
grave and not to exceed fifteen (15) days in
light felony.
3. When the penalty imposed is HIGHER THAN PRISION CORRECIONAL NO
SUBSIDIARY IMPRISONMENT.
4. If the penalty imposed is not by confinement (*destierro and suspension), but a fixed
duration the nature of subsidiary penalty is the same that of principal penalty, same
rules in rule 1, 2, 3.
*If no fixed duration subsidiary
imprisonment is not applicable.
5. In case financial circumstances of the convict should improve, he shall pay the fine
(e.g. won the lottery).
In case financial circumstances of the convict
should improve, he shall pay the fine (e.g. won the
lottery).
[REPUBLIC ACT NO. 10159]
AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815,
AS AMENDED, OTHERWISE KNOWN AS THE
REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
SECTION 1. Article 39 of Act No. 3815, as amended, is
hereby further amended to read as follows:
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, subject to the following rules:
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Fiscal Salva Notes
1. If the principal penalty imposed be prision correctional or arresto and fine, he shall remain under
confinement until his fine referred in the preceding paragraph
is satisfied, but his subsidiary imprisonment shall not exceed
one-third of the term of the sentence, and in no case shall it
continue for more than one year, and no fraction or part of a
day shall be counted against the prisoner.
2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the
culprit shall have been prosecuted for a grave or less grave
felony, and shall not exceed fifteen days, if for a fight felony.
3. When the principal penalty imposed is higher than prision correctional, no subsidiary imprisonment shall be imposed
upon the culprit.
4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed
duration, the convict, during the period of time established in
the preceding rules, shall continue to suffer the same
deprivations as those of which the principal penalty consists.
5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him
from the fine in case his financial circumstances should
improve. (As amended by Republic Act No. 5465, which lapsed into law on April 21, 1969.)
APPLICATION OF PENALTIES
Art 46. In relation to Arts. 50 57
*As a general rule whenever theres a penalty imposed by law it must be imposed on the principal
as consummated.
Art. 46. Penalties to be imposed upon principals
in general the penalty prescribed by law in general terms shall be imposed:
1. upon principals 2. for consummated felony
Arts. 50 57
Principal
Consummated
0
Frustrated
1
Attempted
2
Accomplice 1 2 3
Accessory 2 3 4
XPN: Art. 60 When theres a specific penalty provided for a frustrated or attempted felony or to
be imposed upon the accessory or accomplice
COMPLEX CRIMES
Distinguish between simple complex crime
and special complex crime
Ordinary Complex Crime
Art. 48 provides for the two kinds of ordinary
complex crimes:
1. When a single act constitutes two or more grave or less grave felony it is the first kind
of ordinary complex crime.
Requisites of Compound Crime:
a. That only a single act is performed by the offender
b. That the single act produces two or more grave or less grave felonies
2. When an offense is a related fact or a necessary means for the commission of
another.
Requisites:
a. At least two offenses are committed b. That one of the offenses must be a
necessary means for committing the
other.
c. That both of the offenses must be punished under the same statute
*No complex crime when one of the offenses was
committed for the purpose of concealing the
commission of the other
*NO complex crime in case of continuing crimes
*NO complex crime when the other crime is an
indispensable part or an element of the other
offenses
*No complex crime where one of the offenses is
penalized by special law
*No complex crime in case of special complex
crimes
Both offenses must be punished under the RPC
Light felony cannot be complexed with grave
felony or less grave felony
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Fiscal Salva Notes
What is the nature of Art. 48?
It creates a situation where the complex
crime becomes a special aggravating circumstance
when it come to the imposition of penalty because
under the latter portion of Art. 48, after monitoring
the two kinds of ordinary complex crime it says that
the penalty shall be that which are then to be of the
most serious offense that shall be imposed on its
maximum period. It becomes a special aggravating
circumstance because now it shall be imposed in its
maximum period, and when the law says that shall
be imposed in its maximum period it could not be
offset by any ordinary mitigating circumstance.
That is the essence of special aggravating in
contrast with generic aggravating circumstance
which could be offset or compensated by an
ordinary mitigating circumstance.
In relation to aberratio ictus when a
person committed a felony, although the wrongful
act done than be different that committed shall be
liable for all natural logical consequences of the
fact.
E.g., X intends to kill y but the bullet did not hit.
Because of poor aim it landed however on an
innocent victim who was by this time hit and the
one who died.
There are two felonies in a single act which
resulted from that one act of shooting, attempted
homicide and consummated homicide. Now,
applying the imposition of penalty for ordinary
complex crime, what is the penalty to be imposed?
Penalty for consummated homicide which is
reclusion temporal to be imposed in its maximum
period.
Special Complex Crime
Two simple crimes but which the RPC has defined
a single offense with a single penalty.
Ordinary Complex vs Special Complex Crime
Ordinary Complex Special Complex
Crime
Composed of two or
more crimes punished in
Made up of two
or more crimes which
different provisions of
the RPC brought about
by a single act or where
one offense is a
necessary means of
committing another
offense
are considered as
components of single
indivisible offense
Penalty imposable is the
penalty for the most
serious crime in its
maximum period
Penalty
imposable is the penalty
specifically provided by
law
Delito Continuado (Continued)
One where the accused is impelled by a
single criminal impulse but commits a series of
overt acts at or about the same time in about the
same place and said acts violate the same offense.
The reason is that neither the criminal act nor the
intention is susceptible of division.
Continuing Crime (Transitory) moving crime one act which originated in one place and is continuing in several places, and for purposes of determining the venue, the case may be filed in any place where a part of the crime has been committed
Art. 49. Penalty to be imposed upon the
principals when the crime committed is different
from that intended in relation to mistake in
identity or error in persona
Rule:
1. If the penalty prescribed for the felony committed is higher than the
corresponding offen