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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