Criminal Law Review Research On Outline

I.
FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW Criminal law is that branch or division of municipal law which: defines crimes, treats of their nature and provides for their punishment. DISTINCTION BETWEEN MALA INSE AND MALA PROHIBITA Mala in se is a wrong from its very nature, as most of those punished in the RPC. Hence, in its commission, intent is an element and good faith is a defense. The test to determine whether an offense is mala in se is not the law punishing it but the very nature of the act itself. On the other hand, an act mala prohibita is a wrong because it is prohibited by law. Without the law punishing the act, it cannot be considered a wrong. Hence, the mere commission of that act is what constitutes the offense punished and criminal intent will be immaterial for reason of public policy. CRIMINAL LAW AS PUBLIC AND SUBSTANTIVE LAW Criminal Law is that branch of public substantive law which defines offenses and prescribes their penalties. It is substantive because it defines the states right to inflict punishment and the liability of the offenders. It is public law because it deals with the relation of the individual with the state. LIMITATIONS ON POWER OF CONGRESS TO ENACT PENAL LAWS (Article III-Bill of Rights- of the l987 Constitution) a) No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of the laws (Article 1) b) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him (Sec. 12-2) c) No law, therefore, must be passed imposing cruel and unusual punishment or excessive fines. d) No ex-post facto law or bill of attainder shall be enacted Sec. 22. Characteristics of Criminal Law: 1. General binding on all persons who reside or sojourn in the Philippines Exceptions: a. Treaty Stipulation b. Laws of Preferential Application c. Principles of Public International Law Ex: i. sovereigns and other chiefs of state ii. Ambassadors, ministers plenipotentiary, minister resident and charges daffaires (BUT consuls, vice-consuls and othe foreign commercial representatives CANNOT claim the privileges and immunities accorded to ambassadors and ministers.) 2. Territorial penal laws of the Philippines are enforceable only within its territory Exceptions: (Art. 2 of RPC binding even on crimes committed outside the Philippines) a. offense committed while on a Philippine ship or airship b. forging or counterfeiting any coin or currency note of the Philippines or obligations and the securities issued by the Government c. introduction into the country of the above-mentioned obligations and securities d. while being public officers and employees, an offense committed in the exercise of their functions
e. crimes against national security and the law of the nations defined in Title One of Book Two 3. Prospective the law does not have any retroactive effect. Exception: when the law is favorable to the accused Exceptions to the Exception: a. The new law is expressly made inapplicable to pending actions or existing causes of action b. Offender is a habitual criminal Effect of the repeal of penal laws on the accused: The effect depends upon the nature of the repeal of the penal laws: a) In absolute or total repeal or express repeal, the act or omission is decriminalized so that if a case is pending, it shall be dismissed whether the accused is a habitual delinquent or not because there is no more crime for which he should be tried. If he was already convicted and /or serving sentence, he shall be released if he is not a habitual delinquent or unless the law provides that detention is to continue. b) In partial or relative repeal or implied repeal or repeal by re-enactment, the first law will govern if the accused is a habitual delinquent or if the favorable second law prohibits retroactivity. While the second law will govern if favorable to the offender who is not a habitual delinquent or the law is silent as to its retroactivity. Theories of Criminal Law: 1. Classical Theory basis is mans free will to choose between good and evil, that is why more stress is placed upon the result of the felonious act than upon the criminal himself. The purpose of penalty is retribution. The RPC is generally governed by this theory. 2. Positivist Theory basis is the sum of social and economic phenomena whichconditions man to do wrong in spite of or contrary to his volition. This is exemplified in the provisions on impossible crimes and habitual delinquency. 3. Mixed Theory combination of the classical and positivist theories wherein crimes that are economic and social in nature should be dealt in a positive manner. The law is thus more compassionate.
PENOLOGICAL OBJECTIVES
a. Utilitarian theory or protective theory
The primary purpose: Protection of society from actual or potential wrongdoers b. Classical or juristic philosophy Best remembered by the maxim An eye for an eye, a tooth for a tooth. [latin version: Oculo pro oculo, dente pro dente.] The primary purpose: Retribution. c. Positivist or realistic philosophy There is great respect for the human element because the offender is regarded as socially sick who needs treatment, not punishment. The primary purpose: Reformation. d.Eclectic or mixed philosophy This combines both positivist and classical thinking. Crimes that are economic and social by nature should be dealt with in a positivist manner; thus, the law is more compassionate. Heinous crimes should be dealt with in a classical manner; thus, capital punishment. The Revised Penal Code today follows the mixed or eclectic philosophy. For example: intoxication of the offender is considered to mitigate his criminal liability, unless it is intentional or habitual; the age of the offender is considered; the woman who killed her child to conceal her dishonor has in her favor a mitigating circumstance. FELONIES FELONY
The term felony is limited only to violations of the Revised Penal Code. When the crime is punishable under a special law you do not refer to this as a felony. 2. OFFENSE A crime punished under a special law is called a statutory offense. 3. MISDEMEANOR A minor infraction of the law, such as a violation of an ordinance. 4. CRIME Whether the wrongdoing is punished under the Revised Penal Code or under a special law, the generic word crime can be used. FELONIES: HOW COMMITTED RPC: Art. 3. Definitions. Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa). There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. ELEMENTS OF FELONIES a. There must be an act or omission b. That the act or omission must be punishable by the RPC c. That the act is performed or the commission incurred by means of dolo or culpa The Elements of the Crime Along with the manner of execution, there are crimes wherein the existence of certain elements becomes the factor in determining its consummation. In the crime of estafa, the element of damage is essential before the crime could be consummated. If there is no damage, even if the offender succeeded in carting away the personal property involved, estafa cannot be considered asconsummated. On the other hand, if it were a crime of theft, damage or intent to cause damage is not an element of theft. What is necessary only is intent to gain, not even gain is important. In the crime of abduction, the crucial element is the taking away of the woman with lewd designs. MOTIVE It is the moving power which impels one to do an act (ex. vengeance). It is important only in certain cases (see below): When Motive becomes Material in determining Criminal Liability: 1) When the act brings about variant crimes e.g. kidnapping v. robbery 2) The identity of the accused is doubtful 3) The evidence on the commission of the crime is purely circumstantial. 4) Also, lack of motive can aid in showing the innocence of the accused. Illustration: Ernie came home and found his wife in a pleasant conversation with Burt, former suitor. Thereupon, he went to the kitchen, opened a drawer and pulled out a knife. He then stabbed Burt. The moving force is jealousy.
Chapter Two JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES, WHICH EXEMPT FROM CRIMINAL LIABILITY ART. 11. JUSTIFYING CIRCUMSTANCES
JUSTIFYING CIRCUMSTANCES where the act of a person is in accordance with law such that said person is deemed not to have violated the law. General Rule: No criminal and civil liability incurred. Exception: There is civil liability with respect to par. 4 where the liability is borne by persons benefited by the act.
Elements: 1. Unlawful Aggression indispensable requirement There must be actual physical assault or aggression or an immediate and imminent threat, which must be offensive and positively strong. The defense must have been made during the existence of aggression, otherwise, it is no longer justifying. While generally an agreement to fight does not constitute unlawful aggression, violation of the terms of the agreement to fight is considered an exception. 2. Reasonable necessity of the means employed to prevent or repel it Test of reasonableness depends on: (1) weapon used by aggressor (2) physical condition, character, size and other circumstances of aggressor
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(3) physical condition, character, size and circumstances of person defending himself (4) place and occasion of assault 3. Lack of sufficient provocation on the part of the person defending himself NOTE: Perfect equality between the weapons used, nor material commensurability between the means of attack and defense by the one defending himself and that of the aggressor is not required REASON: the person assaulted does not have sufficient opportunity or time to think and calculate.
Rights included in self-defense: 1. defense of person 2. defense of rights protected by law 3. defense of property (only if there is also an actual and imminent danger on the person of the one defending) 4. defense of chastity Kinds of Self-Defense:
1. self-defense of chastity there must be an attempt to rape the victim 2. defense of property must be coupled with an attack on the person of the owner, or on one entrusted with the care of such property. Par. 1 Self-defense People v. Narvaez, (GR No. L-33466-67, April 20, 1983) Attack on property alone was deemed sufficient to comply with element of unlawful aggression 3. self-defense in libel justified when the libel is aimed at a persons good name. Stand ground when in the right - the law does not require a person to retreat when his assailant is rapidly advancing upon him with a deadly weapon.
NOTE: Under Republic Act 9262 (Anti-Violence Against Women and Their Children Act of 2004), victim-survivors who are found by the Courts to be suffering from Battered Woman Syndrome (BWS) do not incur any criminal or civil liability despite absence of the necessary elements for the justifying circumstance of self-defense in the RPC. BWS is a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. Par. 2 Defense of Relative
Elements: 1. unlawful aggression (indispensable requirement) 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 in such provocation. Relative entitled to the defense: 1. spouse 2. ascendants 3. descendants 4. legitimate, natural or adopted brothers and sisters, or relatives by affinity in the same degrees civil degree 5. relatives by consanguinity within the 4 NOTE: The relative defended may be the original aggressor. All that is required to justify the act of the relative defending is that he takes no part in such provocation.
Elements: 1. unlawful aggression (indispensable requirement) 2. reasonable necessity of the means employed to prevent or repel it 3. person defending be not induced by revenge, resentment or other evil motive
Elements: 1. evil sought to be avoided actually exists 2. injury feared be greater than that done to avoid it 3. no other practical and less harmful means of preventing it NOTE: The necessity must not be due to the negligence or violation of any law by the actor.
Elements:
Par. 3 Defense of Stranger Par. 4 State of Necessity (Avoidance of Greater Evil or Injury)
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Par. 5 Fulfillment of Duty or Lawful Exercise of a Right or Office

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1. accused acted in the performance of duty or in the lawful exercise of a right or office 2. the injury caused or offense committed be the necessary consequence of the due performance of the duty, or the lawful exercise of such right or office. NOTE: The accused must prove that he was duly appointed to the position claimed he was discharging at the time of the commission of the offense. It must also be shown that the offense committed was the necessary consequence of such fulfillment of duty, or lawful exercise of a right or office. Par. 6 Obedience to a Superior Order Elements: 1. an order has been issued 2. order has a lawful purpose (not patently illegal) 3. means used by subordinate to carry out said order is lawful NOTE: The superior officer giving the order cannot invoke this justifying circumstance. Good faith is material, as the subordinate is not liable for carrying out an illegal order if he is not aware of its illegality and he is not negligent. General Rule: Subordinate cannot invoke this circumstance when order is patently illegal. Exception: When there is compulsion of an irresistible force, or under impulse of uncontrollable fear.
ART. 12: CIRCUMSTANCES, WHICH EXEMPT FROM CRIMINAL LIABILITY EXEMPTING CIRCUMSTANCES grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent. Basis: The exemption from punishment is based on
the complete absence of intelligence, freedom of action, or intent, or on the absence of negligence on the part of the accused. Burden of proof: Any of the circumstances is a matter of defense and must be proved by the defendant to the satisfaction of the court.
Par. 1 Imbecility or Insanity IMBECILE one while advanced in age has a mental development comparable to that of children between 2 and 7 years old. He is exempt in all cases from criminal liability. INSANE one who acts with complete deprivation of intelligence/reason or without the least discernment or with total deprivation of freedom of will. Mere abnormality of the mental faculties will not exclude imputability. General Rule: Exempt from criminal liability Exception: The act was done during a lucid interval. NOTE: Defense must prove that the accused was insane at the time of the commission of the crime because the presumption is always in favor of sanity. Par. 2 Under Nine Years of A ge
Requisite: Offender is under 9 years of age at the time of the commission of the crime. There is absolute criminal irresponsibility in the case of a minor under 9 years of age. NOTE: Under R.A. 9344 or the Juvenile Justice And Welfare Act a minor 15 years and below is exempt from criminal liability Par. 3 Person Over 9 and Under 15 Acting Without Discernment
NOTE: Such minor must have acted without discernment to be exempt. If with discernment, he is criminally liable. Presumption: The minor committed the crime without discernment.
DISCERNMENT mental capacity to fully appreciate the consequences of the unlawful act, which is shown by the: 1. manner the crime was committed 2. conduct of the offender after its commission NOTE: Under R.A. 9344 a minor over 15 but but below 18 who acted without discernment is exempt from criminal liability Par. 4 Accident without fault or intention of causing it 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.
Par. 5 Irresistible Force IRRESISTIBLE FORCE offender uses violence or physical force to compel another person to commit a crime. Elements: 1. The compulsion is by means of physical force. 2. The physical force must be irresistible. 3. The physical force must come from a third person. NOTE: Force must be irresistible so as to reduce the individual to a mere instrument.
Par. 6 Uncontrollable Fear
UNCONTROLLABLE FEAR offender employs intimidation or threat in compelling another to commit a crime. DURESS use of violence or physical force Elements: 1. 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. It promises an evil of such gravity and imminence that an ordinary man would have succumbed to it. NOTE: Duress to be a valid defense should be based on real, imminent or reasonable fear for ones life or limb. It should not be inspired by speculative, fanciful or remote fear. A threat of future injury is not enough. ACTUS ME INVITO FACTUS NON EST MEUS ACTUS Any act done by me against my will is not my act. PAR 7. Insuperable Cause INSUPERABLE CAUSE some motive, which has lawfully, morally or physically prevented a person to do what the law commands Elements: 1. An act is required by law to be done. 2. A person fails to perform such act. 3. His failure to perform such act was due to some lawful or insuperable cause. Ex: 1. A priest cant be compelled to reveal what was confessed to him. 2. No available transportation officer not liable for arbitrary detention 3. Mother who was overcome by severe dizziness and extreme debility, leaving child to die not liable for infanticide (People v. Bandian, 63 Phil 530) ABSOLUTORY CAUSES where the act committed is a crime but for some reason of public policy and sentiment, there is no penalty imposed. Exempting and justifying circumstances are absolutory causes. Examples of such other circumstances are: 1. spontaneous desistance (Art. 6) 2. accessories exempt from criminal liability (Art. 20) 3. Death or physical injuries inflicted under exceptional circumstances (Art. 247) 4. persons exempt from criminal liability from theft, swindling, malicious mischief (Art 332) 5. instigation NOTE: Entrapment is NOT an absolutory cause. A buy-bust operation conducted in connection with illegal drug-related offenses is a form of entrapment.
ART. 13: MITIGATING CIRCUMSTANCES MITIGATING CIRCUMSTANCES those which if present in the commission of the crime reduces the penalty of the crime but does not erase criminal liability nor change the nature of the crime NOTE: A mitigating circumstance arising from a single fact absorbs all the other mitigating circumstances arising from that same fact. Par. 1 Incomplete Justifying or Exempting Circumstances NOTE: This applies when not all the requisites are present. If two requisites are present, it is considered a privileged mitigating circumstance. However, in reference to Art.11(4) if any of the last two requisites is absent, there is only an ordinary mitigating circumstance. Remember though, that in selfdefense, defense of relative or stranger, unlawful aggression must always be present as it is an indispensable requirement.
Par. 2 Under 18 or Over 70 Years Old NOTE: Age of accused is determined by his age at the date of commission of crime, not date of trial. Par. 3 No Intention to Commit so Grave a Wrong NOTE: Can be used only when the proven facts show that there is a notable and evident disproportion between the means employed to execute the criminal act and its consequences.
Factors that can be considered are: 1. weapon used 2. injury inflicted 3. part of the body injured 4. mindset of offender at the time of commission
of crime This provision addresses the intention of the offender at the particular moment when the offender executes or commits the criminal act, not to his intention during the planning stage NOTE: In crimes against persons if victim does not die, the absence of the intent to kill reduces the felony to mere physical injuries. It is not considered as mitigating. It is mitigating only when the victim dies. NOTE: It is not applicable to felonies by negligence because in felonies through negligence, the offender acts without intent. The intent in intentional felonies is replaced by negligence or imprudence. There is no intent on the part of the offender, which may be considered as diminished Par. 4 Provocation or Threat
Provocation any unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating anyone. Requisites: 1. provocation must be sufficient 2. it must originate from the offended party 3. must be immediate to the commission of the crime by the person who is provoked NOTE: Threat should not be offensive and positively strong. Otherwise, it would be an unlawful aggression, which may give rise to self-defense and thus no longer a mitigating circumstance.
Par. 5 Vindication of Grave Offense

Requisites: 1. 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. the felony is committed in immediate vindication of such grave offense NOTE: Immediate allows for a lapse of time, as long as the offender is still suffering from the mental agony brought about by the offense to him. (proximate time, not just immediately after)
Requisites: 1. offender acted upon an impulse 2. the impulse must be so powerful that it naturally produced passion or obfuscation in him NOTE : Act must have been committed not in the spirit of lawlessness or revenge; act must come from lawful sentiments. Act, Which Gave Rise To Passion And Obfuscation: 1. That there be an act, both unlawful and unjust 2. The act be sufficient to produce a condition of mind 3. That the act was proximate to the criminal act, not admitting of time during which the perpetrator might recover his normal equanimity 4. The victim must be the one who caused the passion or obfuscation NOTE: Passion and obfuscation cannot co-exist with treachery since this means that the offender had time to ponder his course of action. Par. 6 Passion or Obfuscation
Par. 7 Surrender and Confession of Guilt g WHEN SURRENDER VOLUNTARY - must be spontaneous, showing the intent of the accused to submit himself unconditionally to the authorities, either because:
1. he acknowledges his guilt; or 2. he wishes to save them the trouble and expense necessarily incurred in his search and capture. NOTE: If both are present, considered as two independent mitigating circumstances. Further mitigates penalty. NOTES: plea made after arraignment and after trial has begun does not entitle accused to themitigating circumstance If accused pleaded not guilty, even if duringarraignment, he is entitled to mitigatingcircumstance as long as he withdraws hisplea of not guilty to the charge before the fiscal could present his evidence. Plea to a lesser charge is not a MitigatingCircumstance because to be such, the plea of guilt must be to the offense charged. Plea to the offense charged in the amendedinfo, lesser than that charged in the originalinfo, is Mitigating Circumstance.
The offender is deaf and dumb, blind or otherwise suffering from some physical defect, restricting his means of action, defense or communication with others. NOTE: The physical defect must relate to the offense committed.
Requisites: 1. The illness of the offender must diminish the exercise of his will-power. 2. Such illness should not deprive the offender of consciousness of his acts. Par. 8 Physical Defect of Offender Par. 9 Illness of the Offender Par. 10 Similar and Analogous Circumstances AGGRAVATING CIRCUMSTANCES Those which, if attendant in the commission of the crime, serve to have the penalty imposed in its maximum period provided by law for the offense or those that change the nature of the crime. BASIS : The greater perversity of the offender manifested in the commission of the felony as shown by:
1. the motivating power itself, 2. the place of the commission, 3. the means and ways employed 4. the time, or 5. the personal circumstances of the offender, or the offended party.
KINDS OF AGGRAVATING CIRCUMSTANCES : 1. Generic - those which apply to all crimes 2. Specific - those which apply only to specific crimes, 3. Qualifying - those that change the nature of the crime 4. Inherent - which of necessity accompany the commission of the crime, therefore not considered in increasing the penalty to be imposed 5. Special - those which arise under special conditions to increase the penalty of the offense and cannot be offset by mitigating circumstances RULES ON AGGRAVATING CIRCUMSTANCES: 1. Aggravating circumstances shall NOT be appreciated if: a) They constitute a crime specially punishable by law, or b) It is included by the law in defining a crime with a penalty prescribed, and therefore shall not be taken into account for the purpose of increasing the penalty. Ex: That the crime be committed by means of fire,explosion (Art. 14, par. 12) is in itself a crime of arson (Art. 321) or a crime involving destruction (Art. 324). It is not to be considered to increase the penalty for the crime of arson or for the crime involving destruction. 2. The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a degree that it must of necessity accompany the commission thereof(Art.62, par.2) 3. Aggravating circumstances which arise: a) From the moral attributes of the offender; b) From his private relations with the offended party; or c) From any personal cause, shall only serve to aggravate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant. (Art.
62, par. 3)
4. The circumstances which consist : a) In the material execution of the act, or b) In the means employed to accomplish it, shall serve to aggravate the liability of only those persons who had knowledge of them at the time of the execution of the act or their cooperation therein. Except when there is proof of conspiracy in which case the act of one is deemed to be the act of all, regardless of lack of knowledge of the facts constituting the circumstance. (Art. 62, par. 4) 5. Aggravating circumstances, regardless of its kind, should be specifically alleged in the information AND proved as fully as the crime itself in order to increase the penalty. (Sec. 9, Rule 110, 2000 Rules of Criminal Procedure) 6. When there is more than one qualifying
aggravating circumstance present, one of them will be appreciated as qualifying aggravating while the others will be considered as generic aggravating. ART. 14: AGGRAVATING CIRCUMSTANCES
Par. 1. That advantage be taken by the offender of his public position Requisites: 1. Offender is public officer 2. Public officer must use the influence, prestige, or ascendancy which his office gives him as means to realize criminal purpose It is not considered as an aggravating circumstance where taking advantage of official position is made by law an integral element of the crime or inherent in the offense, Ex: malversation (Art. 217), falsification of a document committed by public officers (Art. 171). When the public officer did not take advantage of the influence of his position, this aggravating circumstance is not present NOTE : Taking advantage of a public position is
also inherent in the case of accessories under Art. 19, par. 3 (harboring, concealing, or assisting in the escape of the principal of the crime), and in crimes committed by public officers (Arts. 204245).
Par. 2. That the crime be committed in contempt of or with insult to 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. PERSON IN AUTHORITY public authority, or person who is directly vested with jurisdiction and has the power to govern and execute the laws Ex: 1. Governor 2. Mayor 3. Barangay captain/ chairman 4. Councilors 5. Government agents 6. Chief of Police NOTE: A teacher or professor of a public or recognized private school is not a public authority within the contemplation of this paragraph. While he is a person in authority under Art. 152, that status is only for purposes of Art. 148 (direct assault) and Art. 152 (resistance and disobedience). The crime should not be committed against the public authority (otherwise it will constitute direct assault under Art.148) This is NOT applicable when committed in the presence of a mere agent. AGENT subordinate public officer charged w/ the maintenance of public order and protection and security of life and property Ex: barrio vice lieutenant, barrio councilman Par. 3. That the act be committed: (1) with insult or in disregard of the respect due the offended party on account of his (a)rank, (b) age, or (c) sex or
(2) that it be committed in the dwelling of the offended party, if the latter has not given provocation Rules regarding par 3(1): 1. These circumstances shall only be considered as one aggravating circumstance.
2. Rank, age, sex may be taken into account only in crimes against persons or honor, they cannot be invoked in crimes against property. 3. It must be shown that in the commission of the crime the offender deliberately intended to offend or insult the sex, age and rank of the offended party. RANK The designation or title of distinction used to fix the relative position of the offended party in reference to others (There must be a difference in the social condition of the offender and the offended party). AGE may refer to old age or the tender age of the victim. SEX refers to the female sex, not to the male sex. The AC of disregard of rank, age, or sex is not applicable in the following cases: 1. When the offender acted with passion and obfuscation. 2. When there exists a relationship between the offended party and the offender. 3. When the condition of being a woman is indispensable in the commission of the crime. (Ex: in parricide, abduction, seduction and rape) People vs. Lapaz, March 31, 1989 Disregard of sex and age are not absorbed in treachery because treachery refers to the manner of the commission of the crime, while disregard of sex and age pertains to the relationship of the victim. DWELLING must be a building or structure exclusively used for rest and comfort (combination of house and store not included), may be temporary as in the case of guests in a house or bedspacers. It includes dependencies, the foot of the staircase and the enclosure under the house NOTES: The aggravating circumstance of dwelling
requires that the crime be wholly or partly committed therein or in any integral part thereof. Dwelling does not mean the permanent residence or domicile of the offended party or that he must be the owner thereof. He must, however, be actually living or dwelling therein even for a temporary duration or purpose. It is not necessary that the accused should have actually entered the dwelling of the victim to commit the offense; it is enough that the victim was attacked inside his own house, although the assailant may have devised means to perpetrate the assault from without. What aggravates the commission of the crime in ones dwelling: 1. The abuse of confidence which the offended party reposed in the offender by opening the door to him; or 2. The violation of the sanctity of the home by trespassing therein with violence or against the will of the owner. Meaning of provocation in the aggravating circumstance of dwelling: The provocation must be: 1. Given by the owner of the dwelling, 2. Sufficient, and 3. Immediate to the commission of the crime. NOTE: If all these conditions are present, the offended party is deemed to have given the provocation, and the fact that the crime is committed in the dwelling of the offended party is NOT an aggravating circumstance. REASON: When it is the offended party who has provoked the incident, he loses his right to the respect and consideration due him in his own house. Dwelling is not aggravating in the following cases: 1. When both the offender and the offended party are occupants of the same house, and this is true even if offender is a servant in the house. exception: In case of adultery in the conjugal dwelling, the same is aggravating. However, if the paramour also dwells in the conjugal dwelling, the
applicable aggravating circumstance is abuse of confidence. 2. When robbery is committed by the use of force upon things, dwelling is not aggravating because it is inherent. However, dwelling is aggravating in robbery with violence against or intimidation of persons because this class of robbery can be committed without the necessity of trespassing the sanctity of the offended partys house. 3. In the crime of trespass to dwelling, it is
inherent or included by law in defining the crime. 4. When the owner of the dwelling gave sufficient and immediate provocation. There must exist a close relation between the provocation made by the victim and the commission of the crime by the accused. 5. The victim is not a dweller of the house. Par. 4. That the act be committed with: (1) abuse of confidence or (2) obvious ungratefulness There are two aggravating circumstances present under par.4 which must be independently appreciated if present in the same case While one may be related to the other in the factual situation in the case, they cannot be lumped together. Abuse of confidence requires a special confidential relationship between the offender and the victim, while this is not required for there to be obvious ungratefulness Requisites Of Abuse Of Confidence: 1. That the offended party had trusted the offender. 2. That the offender abused such trust by committing a crime against the offended party. 3. That the abuse of confidence facilitated the commission of the crime. NOTE: Abuse of confidence is inherent in malversation (Art. 217), qualified theft (Art. 310), estafa by conversion or misappropriation (Art. 315),
and qualified seduction (Art. 337). Requisites of obvious ungratefulness: 1. That the offended party had trusted the offender; 2. That the offender abused such trust by committing a crime against the offended party. 3. That the act be committed with obvious ungratefulness. NOTE: The ungratefulness contemplated by par. 4 must be such clear and manifest ingratitude on the part of the accused. Par. 5. That the crime be committed in the palace of the Chief Executive, or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship. Actual performance of duties is not necessary when crime is committed in the palace or in the presence of the Chief Executive Requisites Regarding Public Authorities: 1. crime occurred in the public office 2. 2. public authorities are actually performing 3. their public duties
Requisites (Place Dedicated To Religious Worship): 1. The crime occurred in a place dedicated to the worship of God regardless of religion 2. The offender must have decided to commit the crime when he entered the place of worship Except for the third which requires that official functions are being performed at the time of the commission of the crime, the other places mentioned are aggravating per se even if no official duties or acts of religious worship are being conducted there. Cemeteries, however respectable they may be, are not considered as place dedicated to the worship of God. Par. 6. That the crime be committed (1) in the nighttime, or (2) in an uninhabited place, or (3) by a band,
whenever such circumstance may facilitate the commission of the offense NOTE: When present in the same case and their element are distinctly palpable and can subsist independently, they shall be considered separately. When nighttime, uninhabited place or band aggravating: 1. When it facilitated the commission of the crime; or 2. When especially sought for by the offender to insure the commission of the crime or for the purpose of impunity; or 3. When the offender took advantage thereof for the purpose of impunity NIGHTTIME (obscuridad) that period of darkness beginning at the end of dusk and ending at dawn. Commission of the crime must begin and be accomplished in the nighttime. When the place of the crime is illuminated by light, nighttime is not aggravating. It is not considered aggravating when the crime began at daytime. Nighttime is not especially sought for when the notion to commit the crime was conceived of shortly before commission or when crime was committed at night upon a casual encounter However, nighttime need not be specifically sought for when (1) it facilitated the commission of the offense, or (2) the offender took advantage of the same to commit the crime A bare statement that crime was committed at night is insufficient. The information must allege that nighttime was sought for or taken advantage of, or that it facilitated the crime GENERAL RULE: Nighttime is absorbed in treachery. EXCEPTION: Where both the treacherous mode of attack and nocturnity were deliberately decided upon in the same case, they can be considered separately if such circumstances have different factual bases. Thus: In People vs. Berdida, et. al. (June 30, 1966), nighttime was considered since it was purposely sought, and treachery was further appreciated because the victims hands and
arms were tied together before he was beaten up by the accused. In People vs. Ong, et. al. (Jan. 30, 1975), there was treachery as the victim was stabbed while lying face up and defenseless, and nighttime was considered upon proof that it facilitated the commission of the offense and was taken advantage of by the accused. UNINHABITED PLACE (despoblado) one where there are no houses at all, a place at a considerable distance from town, where the houses are scattered at a great distance from each other Solitude must be sought to better attain the criminal purpose What should be considered here is whether in the place of the commission of the offense, there was a reasonable possibility of the victim receiving some help. BAND (en cuadrilla) whenever there are more than 3 armed malefactors that shall have acted together in the commission of an offense NOTE: There must be four or more armed men If one of the four-armed malefactors is a principal by inducement, they do not form a band because it is undoubtedly connoted that he had no direct participation. By a band is aggravating in crimes against property or against persons or in the crime of illegal detention or treason but does not apply to crimes against chastity By a band is inherent in brigandage This aggravating circumstance is absorbed in the circumstance of abuse of superior strength Par. 7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune. Requisites: 1. The crime was committed when there was a calamity or misfortune 2. The offender took advantage of the state of confusion or chaotic condition from such misfortune If the offended was PROVOKED by the offended party during the calamity/misfortune, this
aggravating circumstance may not be taken into consideration. Par. 8.That the crime be committed with the aid of (1) armed men or (2) persons who insure or afford impunity Requisites: 1. That armed men or persons 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.
NOTE: This aggravating circumstance requires that the armed men are accomplices who take part in a minor capacity directly or indirectly, and not when they were merely present at the crime scene. Neither should they constitute a band, for then the proper aggravating circumstance would be cuadrilla. When This Aggravating Circumstance Shall Not Be Considered: 1. When both the attacking party and the party attacked were equally armed. 2. When the accused as well as those who cooperated with him in the commission of the crime acted under the same plan and for the same purpose. 3. When the others were only casually present and the offender did not avail himself of any of their aid or when he did not knowingly count upon their assistance in the commission of the crime
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If there are four armed men, aid of armed men is absorbed in employment of a band. If there are three armed men or less, aid of armed men may be the aggravating circumstance. Aid of armed men includes armed women.
Par. 9. That the accused is a recidivist RECIDIVIST one who at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC.
Requisites: 1. That the offender is on trial for an offense; 2. That he was previously convicted by final judgment of another crime; 3. That both the first and the second offenses are embraced in the same title of the Code; 4. That the offender is convicted of the new offense. MEANING OF at the time of his trial for one crime. It is employed in its general sense, including the rendering of the judgment. It is meant to include everything that is done in the course of the trial, from arraignment until after sentence is announced by the judge in open court. What is controlling is the TIME OF THE TRIAL, not the time of the commission of the offense. GENERAL RULE: To prove recidivism, it is necessary to allege the same in the information and to attach thereto certified copy of the sentences rendered against the accused. Exception: If the accused does not object and when he admits in his confession and on the witness stand. Recidivism must be taken into account no matter how many years have intervened between the first and second felonies. Amnesty extinguishes the penalty and its effects. However, pardon does not obliterate the fact that the accused was a recidivist. Thus, even if the accused was granted a pardon for the first offense but he commits another felony embraced in the same title of the Code, the first conviction is still counted to make him a recidivist Being an ordinary aggravating circumstance, recidivism affects only the periods of a penalty, except in prostitution and vagrancy (Art. 202) and gambling (PD 1602) wherein recidivism increases the penalties by degrees. No other generic aggravating circumstance produces this effect In recidivism it is sufficient that the succeeding offense be committed after the commission of the preceding offense provided that at the time of his trial for the second offense, the accused had already been convicted of the first offense. If both offenses were committed on the same date, they shall be considered as only one,
hence, they cannot be separately counted in order to constitute recidivism. Also, judgments of convicted handed down on the same day shall be considered as only one conviction. REASON: Because the Code requires that to be considered as separate convictions, at the time of his trial for one crime the accused shall have been previously convicted by final judgment of the other.
Par. 10. That the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. Requisites Of Reiteracion Or Habituality: 1. That the accused is on trial for an offense; 2. That he previously served sentence for another offense to which the law attaches an a) Equal or b) Greater penalty, or c) For two or more crimes to which it attaches a lighter penalty than that for the new offense; and 3. That he is convicted of the new offense THE FOUR FORMS OF REPETITION ARE: 1. Recidivism (par. 9, Art. 14) Where a person, on separate occasions, is convicted of two offenses embraced in the same title in the RPC. This is a generic aggravating circumstance. 2. Reiteracion or Habituality (par. 10, Art. 14) Where the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two crimes to which it attaches a lighter penalty. This is a generic aggravating circumstance. 3. Multi-recidivism or Habitual delinquency (Art. 62, par, 5) Where a person within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification, is found guilty of the said crimes a third time or oftener. This is an extraordinary aggravating circumstance. 4. Quasi-recidivism (Art. 160) Where a person commits felony before beginning to serve or while serving sentence on a previous conviction for a felony. This is a special aggravating circumstance.
Since reiteracion provides that the accused has duly served the sentence for his previous conviction/s, or is legally considered to have Par. 13. That the act be committed with evident premeditation 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; and 3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will. Essence of premeditation: The execution of the criminal act must be preceded by cool thought and reflection upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a calm judgment. To establish evident premeditation, it must be shown that there was a period sufficient to afford full opportunity for meditation and reflection, a time adequate to allow the conscience to overcome the resolution of the will, as well as outward acts showing the intent to kill. It must be shown that the offender had sufficient time to reflect upon the consequences of his act but still persisted in his determination to commit the crime. (PEOPLE vs. SILVA, et. al., GR No. 140871, August 8, 2002) Premeditation is absorbed by reward or promise. When the victim is different from that intended, premeditation is not aggravating. However, if the offender premeditated on the killing of any person, it is proper to consider against the offender the aggravating circumstance of premeditation, because whoever is killed by him is contemplated in his premeditation. Par. 14. That (1) craft, (2) fraud, or (3) disguise be employed. Requisite The offender must have actually used craft, fraud, or
disguise to facilitate the commission of the crime. CRAFT (astucia) involved the use of intellectual trickery or cunning on the part of the accused. A chicanery resorted to by the accused to aid in the execution of his criminal design. It is employed as a scheme in the execution of the crime. AUD (fraude) insidious words or machinations used to induce the victim to act in a manner which would enable the offender to carry out his design. Craft and fraud may be absorbed in treachery if they have been deliberately adopted as the means, methods or forms for the treacherous strategy, or they may co-exist independently where they are adopted for a different purpose in the commission of the crime. Ex: In People vs. San Pedro (Jan. 22, 1980), where the accused pretended to hire the driver in order to get his vehicle, it was held that there was craft directed to the theft of the vehicle, separate from the means subsequently used to treacherously kill the defenseless driver.
In People vs. Masilang (July 11, 1986) there was also craft where after hitching a ride, the accused requested the driver to take them to a place to visit somebody, when in fact they had already planned to kill the driver. DISGUISE (disfraz) resorting to any device to conceal identity. The test of disguise is whether the device or contrivance resorted to by the offender was intended to or did make identification more difficult, such as the use of a mask or false hair or beard. The use of an assumed name in the publication of a libel constitutes disguise. Par. 15. That (1) advantage be taken of superior strength, or (2) means be employed to weaken the defense. Par. 15 contemplates two aggravating circumstances, either of which qualifies a killing to murder. MEANING OF advantage be taken:
To deliberately use excessive force that is out of proportion to the means for self-defense available to the person attacked. (PEOPLE vs. LOBRIGAS, et. al., GR No. 147649, December 17, 2002) No Advantage Of Superior Strength In The Following: 1. One who attacks another with passion and obfuscation does not take advantage of his superior strength. 2. When a quarrel arose unexpectedly and the fatal blow was struck at a time when the aggressor and his victim were engaged against each other as man to man. TEST for abuse of superior strength: the relative strength of the offender and his victim and whether or not he took advantage of his greater strength. When there are several offenders participating in the crime, they must ALL be principals by direct participation and their attack against the victim must be concerted and intended to be so. Abuse of superior strength is inherent in the crime of parricide where the husband kills the wife. It is generally accepted that the husband is physically stronger than the wife. 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. MEANING OF Means employed to weaken defense - the offender employs means that materially weaken the resisting power of the offended party. Ex: 1. Where one, struggling with another, suddenly throws a cloak over the head of his opponent and while in this situation he wounds or kills him. 2. One who, while fighting with another, suddenly casts sand or dirt upon the latter eyes and then wounds or kills him. 3. When the offender, who had the intention to kill the victim, made the deceased intoxicated, thereby materially weakening the latters resisting power. NOTE: This circumstance is applicable only to crimes against persons, and sometimes against
person and property, such as robbery with physical injuries or homicide.

Par. 16. That the act be committed with treachery (alevosia) TREACHERY when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make. Requisites: 1. That at the time of the attack, the victim was not in a position to defend himself; and 2. That the offender consciously adopted the particular means, method or form of attack employed by him. TEST: It is not only the relative position of the parties but, more specifically, whether or not the victim was forewarned or afforded the opportunity to make a defense or to ward off the attack. Rules Regarding Treachery: 1. Applicable only to crimes against persons. 2. Means, methods or forms need not insure accomplishment of crime. 3. The mode of attack must be consciously adopted. Treachery is taken into account even if the crime against the person is complexed with another felony involving a different classification in the Code. Accordingly, in the special complex crime of robbery with homicide, treachery but can be appreciated insofar as the killing is concerned. The suddenness of attack in itself does not constitute treachery, even if the purpose was to kill, so long as the decision was made all of a sudden and the victims helpless position was accidental. Treachery applies in the killing of a child even if the manner of attack is not shown. Treachery must be proved by clear and convincing evidence
Treachery is considered against all the offenders when there is conspiracy. WHEN MUST TREACHERY BE PRESENT : 1. When the aggression is continuous, treachery must be present in the beginning of the assault. (PEOPLE vs. MANALAD, GR No. 128593, August 14, 2002) Thus, even if the deceased was shot while he was lying wounded on the ground, it appearing that the firing of the shot was a mere continuation of the assault in which the deceased was wounded, with no appreciable timeintervening between the delivery of the blows and the firing of the shot, it cannot be said that the crime was attended bytreachery. 2. When the assault was not continuous, in that there was interruption, it is sufficient that treachery was present at the moment thefatal blow was given. Hence, even though in the inception of the aggression which ended in the deathof the deceased, treachery was not present, if there was a break in the continuity of the aggression and at the time of the fatal wound was inflicted on the deceased he was defenseless, thecircumstance of treachery must be takeninto account . Treachery Should Be Considered Even If: 1. The victim was not predetermined but there was a generic intent to treacherously kill any first two persons belonging to a class. (The same rule obtains for evident premeditation). 2. There was aberratio ictus and the bullet hit a person different from that intended. (The rule is different in evident premeditation). 3. There was error in personae , hence the victim was not the one intended by the accused. (A different rule is applied inevident premeditation). REASON FOR THE RULE: When there is treachery, it is impossible for either the intended victim or the actual victim to defend himselfagainst the aggression. TREACHERY ABSORBS: 1. Craft 2. Abuse of superior strength 3. Employing means to weaken the defense 4. Cuadrilla (band) 5. Aid of armed men 6. Nighttime
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Par. 17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act
are needed to see this picture.
IGNOMINY is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime. MEANING OF which add ignominy to the natural effects thereof The means employed or the circumstances brought about must tend to make the effects of the crime more humiliating to victim or to put the offended party to shame, or add to his moral suffering. Thus it is incorrect to appreciate ignominy where the victim was already dead when his body was dismembered, for such act may not be considered to have added to the victims moral suffering or humiliation. (People vs. Carmina, G.R. No. 81404, January 28, 1991) Applicable to crimes against chastity, less serious physical injuries, light or grave coercion, and murder. Par. 18. That the crime be committed after an unlawful entry. UNLAWFUL ENTRY - when an entrance is effected by a way not intended for the purpose. NOTE: Unlawful entry must be a means to effect entrance and not for escape. REASON FOR AGGRAVATION: One who acts, not respecting the walls erected by men to guard their property and provide for their personal safety, shows a greater perversity, a greater audacity; hence, the law punishes him with more severity. Par. 19. That as a means to the commission of a crime, a wall, roof, floor, door, or window be broken.
Applicable only if such acts were done by the offender to effect ENTRANCE. If the wall, etc., is broken in order to get out of the place, it is not an aggravating circumstance. It is NOT necessary that the offender should have entered the building Therefore, If the offender broke a window to enable himself to reach a purse with money on the table near
that window, which he took while his body was outside of the building, the crime of theft was attended by this aggravating circumstance. PAR. 19 PAR. 18 It involves the breaking (rompimiento) of the enumerated parts of the house. Presupposes that there is no such breaking as by entry through the window. NOTE: Breaking in is lawful in the following instances: 1. An officer, in order to make an arrest, may break open a door or window of any building in which the person to be arrested is or is reasonably believed to be; 2. An officer, if refused admittance, may break open any door or window to execute the search warrant or liberate himself, 3. Replevin, Section 4, Rule 60 of the Rules of Court Par. 20. That the crime be committed (1) with the aid of persons under fifteen (15) years of age, or (2) by means of motor vehicles, airships, or other similar means. TWO DIFFERENT CIRCUMSTANCES GROUPED IN THIS PARAGRAPH: 1. With the aid of persons under fifteen years of
age: Intends to repress, so far as possible, the frequent practice resorted to by professional criminals to avail themselves of minors taking advantage of their irresponsibility. 2. By means of motor vehicles, airships, or other similar means: Intended to counteract the great facilities found by modern criminals in said means tocommit crime and flee and abscond once the same is committed. Use of motor vehicle is aggravating where the accused purposely and deliberately used the motor vehicle in going to the place of the crime, in carrying away the effects thereof,and in facilitating their escape. MEANING OF or other similar means
Should be understood as referring to motorized vehicles or other efficient means of transportation similar to automobile or airplane.
Par. 21. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission CRUELTY there is cruelty when the culprit enjoysand delights in making his victim suffer slowly andgradually, causing unnecessary physical pain in the consummation of the criminal act. 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. Cruelty is not inherent in crimes against persons. In order for it to be appreciated, there must be positive proof that the wounds found on the body of the victim were inflicted while he was still alivein order unnecessarily to prolong physical suffering. Cruelty cannot be presumed If the victim was already dead when the acts of mutilation were being performed, this would alsoqualify the killing to murder due to outraging ofhis corpse. IGNOMINY (PAR.17) CRUELTY (PAR. 21) Involves MORAL suffering Refers to PHYSICAL suffering Unlike mitigating circumstances (par. 10, Art.
13), there is NO provision for aggravating circumstances of a similar or analogous character.
ART.15 Concept of Alternative Circumstances
ALTERNATIVE CIRCUMSTANCES Those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. BASIS: The nature and effects of the crime and the other conditions attending its commission. THE ALTERNATIVE CIRCUMSTANCES ARE: 1. Relationship; 2. Intoxication; and 3. Degree of instruction and education of the offender. RELATIONSHIP The alternative circumstance of relationship shall be taken into consideration when the offended party is the 1. Spouse, 2. Ascendant, 3. Descendant, 4. Legitimate, natural, or adopted brother or sister, or 5. Relative by affinity in the same degree of the offender. Other Relatives Included (By Analogy): 1. The relationship of stepfather or stepmother and stepson or stepdaughter. REASON: It is the duty of the stepparents to bestow upon their stepchildren a mothers/fathers affection, care and protection.
2. The relationship of adopted parent and adopted child. NOTE: But the relationship of uncle and niece is not covered by any of the relationship mentioned.
When Relationship Mitigating And When Aggravating: 1. As a rule, relationship is mitigating in crimes against property, by analogy to the provisions of Art. 332. Thus, relationship is mitigating in the crimes
of robbery (Arts. 294-302), usurpation (Art. 312), fraudulent insolvency (Art. 314) and arson (Arts. 321-322, 325-326). 2. In crimes against persons a) It is aggravating where the offended party is a relative of I. a higher degree than the offender, or II. when the offender and the offended party are relatives of the same level (e.g. brothers) b) But when it comes to physical injuries : i. It is aggravating when the crime involves serious physical injuries (Art. 263), even if the offended party is a descendant of the offender. But the serious physical injuries must not be inflicted by a parent upon his child by excessive chastisement. ii. It is mitigating when the offense committed is less serious physical injuries or slight physical injuries, if the offended party is a relative of a lower degree. iii. It is aggravating if the offended party is a relative of a higher degree of the offender. c) When the crime is homicide or murder , relationship is aggravating even if the victim of the crime is a relative of a lower degree. d) In rape , relationship is aggravating where a stepfather raped his stepdaughter or in a case where a father raped his own daughter. 3. In crimes against chastity , like acts of lasciviousness (Art. 336), relationship is always aggravating, regardless of whether the offender is a relative of a higher or lower degree of the offended party. When the qualification given to the crime is derived from the relationship between the offender and the offended party, it is neither mitigating nor aggravating, because it is inseparable from and inherent in the offense.
(e.g. parricide, adultery and concubinage). INTOXICATION When Intoxication Mitigating And When Aggravating: 1. Mitigating i. If intoxication is not habitual, or ii. If intoxication is not subsequent to the plan to commit a felony. 2. Aggravating i. If intoxication is habitual, or ii. If it is intentional (subsequent to the plan to commit a felony). To Be Entitled To The Mitigating Circumstance Of Intoxication, It Must Be Shown: 1. That at the time of the commission of the criminal act, the accused has taken such quantity of alcoholic drinks as to blur his reason and deprive him of a certain degree of control, and 2. That such intoxication is not habitual, or subsequent to the plan to commit the felony. To be mitigating, the accuseds state of intoxication must be proved. Once intoxication is established by satisfactory evidence, in the absence of proof to the contrary, it is presumed to be non-habitual or unintentional. INSTRUCTION OR EDUCATION As an alternative circumstance it does not refer only to literacy but more to the level of intelligence of the accused. Refers to the lack or presence of sufficient intelligence and knowledge of the full significance of ones acts. Low degree of instruction and education or lack of it is generally mitigating. High degree of instruction and education is aggravating, when the offender took advantage of his learning in committing the crime. GENERAL RULE: Lack of sufficient education is mitigating.
EXCEPTIONS: 1. Crimes against property (e.g. arson, estafa, theft, robbery) 2. Crimes against chastity, and 3. Treason because love of country
should be a natural feeling of every citizen, however unlettered or uncultured he may be.
ART. 4: CRIMINAL LIABILITY Par.1 Criminal liability for a felony committed different from that intended to be committed 1. felony has been committed intentionally 2. injury or damage done to the other party is the direct, natural and logical consequence of the felony Hence, since he is still motivated by criminal intent, the offender is criminally liable in: 1. Error in personae mistake in identity 2. Abberatio ictus mistake in blow 3. Praetor intentionem lack of intent to commit so grave a wrong PROXIMATE CAUSE the cause, which in the natural and continuous sequence unbroken by any efficient intervening cause, produces the injury, without which the result would not have occurred
Requisites: 1. Act would have been an offense against persons or property. 2. There was criminal intent. 3. Accomplishment is inherently impossible; or inadequate or ineffectual means are employed. 4. Act is not an actual violation of another provision of the Code or of special law. Impossible crime occurs when there is: Par. 2 Impossible Crime 1. inherent impossibility to commit the crime 2. inadequate means to consummate the crime 3. ineffectual means to consummate the crime Art. 5: Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties
Note: Paragraph 2 does not apply to crimes punishable by special law, including profiteering, and illegal possession of firearms or drugs. There can be no executive clemency for these crimes.
ART. 6: CONSUMMATED, FRUSTRATED, AND ATTEMPTED FELONIES STAGES OF EXECUTION: 1. CONSUMMATED when all the elements necessary for its execution and accomplishment are present 2. FRUSTRATED Elements: a. offender performs all acts of execution b. all these acts would produce the felony as a consequence c. BUT the felony is NOT produced d. by reason of causes independent of the will of the perpetrator 3. ATTEMPTED Elements: a. offender commences the felony directly by overt acts b. does not perform all acts which would produce the felony c. his acts are not stopped by his own spontaneous desistance Crimes, which do not admit of Frustrated and Attempted Stages:
1. Offenses punishable by Special Penal Laws, unless the law provides otherwise 2. Formal crimes consummated in one instance (Ex: slander, adultery, etc.) 3. Impossible Crimes 4. Crimes consummated by mere attempt (Ex: attempt to flee to an enemy country, treason, corruption of minors) 5. Felonies by omission 6. Crimes committed by mere agreement (Ex: betting in sports: ending, corruption of public officers) Crimes which do not admit of Frustrated Stage: 1. Rape 2. Bribery
3. Corruption of Public Officers 4. Adultery 5. Physical Injury Crimes, which do not admit of Frustrated and Attempted Stages:
1. Offenses punishable by Special Penal Laws, unless the law provides otherwise 2. Formal crimes consummated in one instance (Ex: slander, adultery, etc.) 3. Impossible Crimes 4. Crimes consummated by mere attempt (Ex: attempt to flee to an enemy country, treason, corruption of minors) 5. Felonies by omission 6. Crimes committed by mere agreement (Ex: betting in sports: ending, corruption of public officers) Crimes which do not admit of Frustrated Stage: 1. Rape 2. Bribery 3. Corruption of Public Officers 4. Adultery 5. Physical Injury Exception to the exception: When the act constitutes an indivisible offense. PROPOSAL TO COMMIT A FELONY Requisites: A person has decided to commit a felony And proposes its execution to some other person or persons OVERT ACTS IN CONSPIRACY MUST NSIST OF: 1. Active participation in the actual commission of the crime itself, or 2. Moral assistance to his co-conspirators by being present at the time of the commission of the crime, or 3. Exerting a moral ascendance over the other co-conspirators by moving them to execute or implement the criminal plan People v. Abut, et al. (GR No. 137601, April 24, 2003)
PLURAL CRIMES 1) PLURALITY OF CRIMES
2) KINDS OF PLURAL CRIMES a. COMPLEX CRIMES b. SPECIAL COMPLEX CRIMES c. CONTINUED AND CONTINUING CRIMES
1) PLURALITY OF CRIMES Consists in the successive execution by the same individual of different criminal acts upon any of which no conviction has yet been declared. Philosophy behind plural crimes : The treatment of plural crimes as one is to be lenient to the offender, who,
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instead of being made to suffer distinct penalties for every resulting crime is made to suffer one penalty only, although it is the penalty for the most serious one and is in the maximum period. If by complexing the crime, the penalty would turn out to be higher, do not complex anymore. Example: Crimes: Murder and theft (killed with treachery, and then stole the wallet). Penalty: If complex: Reclusion temporal maximum to death. If treated individually: Reclusion temporal to Reclusion Perpetua Complex-crime is not just a matter of penalty, but of substance under the Revised Penal Code.
PLURALITY OF CRIMES RECIDIVISM There is no conviction of any of the crimes committed. There must be conviction by final judgment of the first or prior offense. 2) KINDS OF PLURALITY OF CRIMES Real or Material Plurality There are different crimes in law as well as in the conscience of the offender. In such cases, the offender shall be punished for each and every offense that he committed. Example: A stabbed B. Then, A also stabbed C. There are two crimes committed. Formal or Ideal Plurality
Single Act Several Acts Throwing a hand grenade Submachine gun A single bullet killing two person There is but one criminal liability in this kind of plurality. Divided into 3 groups: because of the number of bullets released Firing of the revolver twice in succession a. When the offender commits any of the complex crimes defined in Art. 48 of the Code. (COMPLEX CRIMES) b. When the law specifically fixes a single penalty for 2 or more offenses committed. (SPECIAL COMPLEX CRIMES) c. When the offender commits continued crimes. (CONTINUING AND CONTINUED CRIMES)
Complex Crimes a. NATURE OF COMPLEX CRIMES b. TWO KINDS OF COMPLEX CRIMES c. GENERAL RULES IN COMPLEXING Art. 48. Penalty for complex crimes. When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the period. most serious crime shall be imposed, the same to be applied in its maximum Art. 48 requires the commission of at least 2 crimes. But the two or more GRAVE or LESS GRAVE felonies must be the result of a SINGLE ACT, or an offense must be a NECESSARY MEANS FOR COMMITTING the other. a. NATURE OF COMPLEX CRIMES: although two or more crimes are actually committed, they constitute only one crime in the eyes of the law as well as in the conscience of the offender. Even in the case where an offense is a necessary means for committing the other, the evil intent of the offender is only one. b. TWO KINDS OF COMPLEX CRIMES 1. COMPOUND CRIME - When a single act results in two or more grave or less grave felonies 2. COMPLEX CRIME PROPER - When an offense is a necessary means for committing the other.
1. COMPOUND CRIME REQUISITES: 1. That only a SINGLE ACT is performed by the offender
2. That the single acts produces
(a) 2 or more grave felonies, or (b) 1 or more grave and 1 or more less grave felonies, or (c) 2 or more less grave felonies
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Light felonies produced by the same act should be treated and punished as separate offenses or may be absorbed by the grave felony. Example: When the crime is committed by force or violence, slight physical injuries are absorbed. The basis in compounding the crime is the act. So that when an offender performed more than one act, although similar, if they result in separate crimes, there is no complex crime at all, instead, the offender shall be prosecuted for as many crimes as are committed under separate information. Example of a compound crime: #1 The victim was killed while discharging his duty as barangay captain to protect life and property and enforce law and order in his barrio. The crime is a complex crime of homicide with assault upon a person in authority. #2 When in obedience to an order several accused simultaneously shot many persons, without evidence how many each killed, there is only a single offense, there being a single criminal impulse.
2. COMPLEX CRIME PROPER REQUISITES: 1. That at least two offenses are committed 2. That one or some of the offenses must be necessary to commit the other 3. That both or all the offenses must be punished under the same statute. The phrase necessary means does not mean indispensable means In complex crime, when the offender executes various acts, he must have a single purpose.
When there are several acts performed, the assumption is that each act is impelled by a distinct criminal impulse, hence each will have a separate penalty. However, it may happen that the offender is impelled only by a single criminal impulse in committing a series of acts that brought about more than one crime In this case, the BASIS for COMPLEXING is not the singleness of the act but the singleness of the impulse that is considered. NO COMPLEX CRIME PROPER:
1. Subsequent acts of intercourse, after forcible abduction with rape, are separate acts of rape. 2. Not complex crime when trespass to dwelling is a direct means to commit a grave offense. 3. No complex crime, when one offense is committed to conceal the other. 4. When the offender had in his possession the funds which he misappropriated, the falsification of a public or official document involving said offense is a separate offense. 5. No complex crime where one of the offense is penalized by a special law. 6. There is no complex crime of rebellion with murder, arson, robbery, or other common crimes (re: rebellion, Ortega thinks otherwise). c. GENERAL RULES IN COMPLEXING CRIMES 1. When two crimes produced by a single act
are respectively within the exclusive jurisdiction of two courts of different jurisdiction, the court of higher jurisdiction shall try the complex crime. 2. The penalty for complex crime is the penalty for the most serious crime, the same to be applied in its maximum period. 3. When two felonies constituting a complex crime are punishable by imprisonment and fine, respectively, only the penalty of imprisonment should be imposed. 4. Art. 48 applies only to cases where the Code does not provide a definite specific penalty for a complex crime. 5. One information should be filed when a complex crime is committed. 6. When a complex crime is charged and one offense is not proven, the accused can be convicted of the other. 7. Article 48 also applies in cases when out a single act of negligence or imprudence, two or more grave or less grave felonies resulted, but only the first part thereof (compound crime). The second part of Article 48 does not apply, referring to the complex crime proper because this applies or refers only to a deliberate commission of one offense to commit another offense. 8. Art. 48 does not apply when the law provides one single penalty for special complex crimes. Special Complex/Composite Crimes The substance is made up of more than one crime but which in the eyes of the law is only a single
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indivisible offense. all those acts done in pursuance of the crime agreed upon are acts which constitute a single crime. Special Complex Crimes Robbery with Homicide (Art. 294 (1)) Robbery with Rape (Art. 294 (2)) Kidnapping with serious physical injuries
(Art. 267 (3)) Rape with Homicide (Art. 335)
The liability for special complex crimes is linked with that of conspiracy.
As a general rule, When there is conspiracy, the rule is that the act of one is the act of all. This principle applies only to the crime agreed upon. The exception is if any of the co-conspirator would commit a crime not agreed upon. This happens when the crime agreed upon and the crime committed by one of the co-conspirators are distinct crimes. Exception to the exception: In acts constituting a single indivisible offense, o even though the co-conspirator performed different acts bringing about the composite crime, all will be liable for such crime. o They can only evade responsibility for any other crime outside of that agreed upon if it is proved that the particular conspirator had tried to prevent the commission of such other act. Illustration: A, B, and C decided to commit robbery in the house of D. Pursuant to their agreement, A would ransack the second floor, B was to wait outside, and C would stay on the first floor. Unknown to B and C, A raped a girl upstairs. All of them will be liable for robbery with rape. The crime committed is robbery with rape, which is not a complex crime, but an indivisible felony under the Article 294 of the Revised Penal Code. Even if B and C did not know that rape was
being committed and they agreed only and conspired to rob, yet rape was part of robbery. Rape cannot be separated from robbery.
The rule would be different if the crime committed was not a composite crime. Illustration:
A, B, and C agreed to kill D. When they saw the opportunity, A, B, and C killed D and after that, A and B ran into different directions. C inspected the pocket of the victim and found that the victim was wearing a ringa diamond ringand he took it. The crimes committed are homicide and theft. As far as the homicide is concerned, A, B, and C are liable because that was agreed upon and theft was not an integral part of homicide. This is a distinct crime so the rule will not apply because it was not the crime agreed upon. Insofar as the crime of theft is concerned, C will be the only one liable. So C will be liable for homicide and theft.
QUESTION VIII A. PH killed OJ, his political rival in the election campaign for Mayor of their town. The information against PH alleged that he used an unlicensed firearm in the killing of the victim, and this was proved beyond reasonable doubt by the prosecution. The trial court convicted PH of two crimes: murder and illegal possession of firearms. Is the conviction correct? Reason briefy. NO, PH should be convicted only of murder. The use of the unlicensed firearm shall be appreciated as an aggravating circumstance only and not punishable separately. If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravating circumstance. (R.A. NO. 8294, Sec. 1)
CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY
REPUBLIC ACT NO. 9165
June 7, 2002
AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES As an aggravating circumstance: Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall engage in the manufacture of any dangerous drug. The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall manufacture any controlled precursor and essential chemical. The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. It shall be considered an aggravating circumstance if the clandestine laboratory is undertaken or established under the following circumstances: (a) Any phase of the manufacturing process was conducted in the presence or with the help of minor/s: (b) Any phase or manufacturing process was established or undertaken within one hundred (100) meters of a residential, business, church or school premises; (c) Any clandestine laboratory was secured or protected with booby traps; (d) Any clandestine laboratory was concealed with legitimate business operations; or (e) Any employment of a practitioner, chemical engineer, public official or foreigner. The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section. The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section. Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the Influence of Dangerous Drugs. Notwithstanding the provisions of any law to the contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and the application of the penalty provided for in the Revised Penal Code shall be applicable. Immunity from prosecution and punishment Section 33. Immunity from Prosecution and Punishment. Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules of Criminal Procedure and the provisions of Republic Act No. 6981 or the Witness Protection, Security and Benefit Act of 1991, any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any violation of the offenses mentioned if committed by a drug syndicate, or any information leading to the whereabouts, identities and arrest of all or any of the members thereof; and who willingly testifies against such persons as described above, shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given, and may plead or prove the giving of
such information and testimony in bar of such prosecution: Provided, That the following conditions concur: (1) The information and testimony are necessary for the conviction of the persons described above; (2) Such information and testimony are not yet in the possession of the State; (3) Such information and testimony can be corroborated on its material points; (4) the informant or witness has not been previously convicted of a crime involving moral turpitude, except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness; and (5) The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing, lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment. Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given: Provided, finally, That there is no direct evidence available for the State except for the information and testimony of the said informant or witness. Section 34. Termination of the Grant of Immunity. The immunity granted to the informant or witness, as prescribed in Section 33 of this Act, shall not attach should it turn out subsequently that the information and/or testimony is false, malicious or made only for the purpose of harassing, molesting or in any way prejudicing the persons described in the preceding Section against whom such information or testimony is directed against. In such case, the informant or witness shall be subject to prosecution and the enjoyment of all rights and benefits previously accorded him under this Act or any other law, decree or order shall be deemed terminated. In case an informant or witness under this Act fails or refuses to testify without just cause, and when lawfully obliged to do so, or should he/she violate any condition accompanying such immunity as provided above, his/her immunity shall be removed and he/she shall likewise be subject to contempt and/or criminal prosecution, as the case may be, and the enjoyment of all rights and benefits previously accorded him under this Act or in any other law, decree or order shall be deemed terminated. In case the informant or witness referred to under this Act falls under the applicability of this Section hereof, such individual cannot avail of the provisions under Article VIII of this Act. Minor offenders Section 66. Suspension of Sentence of a First-Time Minor Offender. An accused who is over fifteen (15) years of age at the time of the commission of the offense mentioned in Section 11 of this Act, but not more than eighteen (18) years of age at the time when judgment should have been promulgated after having been found guilty of said offense, may be given the benefits of a suspended sentence, subject to the following conditions:
(a) He/she has not been previously convicted of violating any provision of this Act, or of the Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or of any special penal laws; (b) He/she has not been previously committed to a Center or to the care of a DOHaccredited physician; and (c) The Board favorably recommends that his/her sentence be suspended. While under suspended sentence, he/she shall be under the supervision and rehabilitative surveillance of the Board, under such conditions that the court may impose for a period ranging from six (6) months to eighteen (18) months. Upon recommendation of the Board, the court may commit the accused under suspended sentence to a Center, or to the care of a DOH-accredited physician for at least six (6) months, with after-care and follow-up program for not more than eighteen (18) months. In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized under this Act, Article 192 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, as amended by Presidential Decree No. 1179 shall apply, without prejudice to the application of the provisions of this Section. Section 67. Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor Offender. If the accused first time minor offender under suspended sentence complies with the applicable rules and regulations of the Board, including confinement in a Center, the court, upon a favorable recommendation of the Board for the final discharge of the accused, shall discharge the accused and dismiss all proceedings. Upon the dismissal of the proceedings against the accused, the court shall enter an order to expunge all official records, other than the confidential record to be retained by the DOJ relating to the case. Such an order, which shall be kept confidential, shall restore the accused to his/her status prior to the case. He/she shall not be held thereafter to be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related thereto in response to any inquiry made of him for any purpose. Section 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender. The privilege of suspended sentence shall be availed of only once by an accused drug dependent who is a first-time offender over fifteen (15) years of age at the time of the commission of the violation of Section 15 of this Act but not more than eighteen (18) years of age at the time when judgment should have been promulgated. Section 69. Promulgation of Sentence for First-Time Minor Offender. If the accused first-time minor offender violates any of the conditions of his/her suspended sentence, the applicable rules and regulations of the Board exercising supervision and rehabilitative surveillance over him, including the rules and regulations of the Center should confinement be required, the court shall pronounce judgment of conviction and he/she shall serve sentence as any other convicted person. Section 70. Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment. Upon promulgation of the sentence, the court may, in its discretion, place the accused under probation, even if the sentence provided under this Act is higher than that provided under existing law on probation, or impose community service in lieu of imprisonment. In case of probation, the supervision and rehabilitative surveillance shall be undertaken by the Board through
the DOH in coordination with the Board of Pardons and Parole and the Probation Administration. Upon compliance with the conditions of the probation, the Board shall submit a written report to the court recommending termination of probation and a final discharge of the probationer, whereupon the court shall issue such an order. The community service shall be complied with under conditions, time and place as may be determined by the court in its discretion and upon the recommendation of the Board and shall apply only to violators of Section 15 of this Act. The completion of the community service shall be under the supervision and rehabilitative surveillance of the Board during the period required by the court. Thereafter, the Board shall render a report on the manner of compliance of said community service. The court in its discretion may require extension of the community service or order a final discharge. In both cases, the judicial records shall be covered by the provisions of Sections 60 and 64 of this Act. If the sentence promulgated by the court requires imprisonment, the period spent in the Center by the accused during the suspended sentence period shall be deducted from the sentence to be served. Section 71. Records to be kept by the Department of Justice. The DOJ shall keep a confidential record of the proceedings on suspension of sentence and shall not be used for any purpose other than to determine whether or not a person accused under this Act is a first-time minor offender. Section 98. Limited Applicability of the Revised Penal Code. Notwithstanding any law, rule or regulation to the contrary, the provisions of the Revised Penal Code (Act No. 3814), as amended, shall not apply to the provisions of this Act, except in the case of minor offenders. Where the offender is a minor, the penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death. Application and Non-Application of the RPC Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. Any person convicted for drug trafficking or pushing under this Act, regardless of the penalty imposed by the Court, cannot avail of the privilege granted by the Probation Law or Presidential Decree No. 968, as amended. Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the Influence of Dangerous Drugs. Notwithstanding the provisions of any law to the contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and the application of the penalty provided for in the Revised Penal Code shall be applicable. Section 27. Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or Failure to Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds or Properties Obtained from the Unlawful Act Committed. The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute perpetual disqualification from any public office, shall be imposed upon any public officer or employee who misappropriates, misapplies or fails to account for confiscated, seized or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts as provided for in this Act. Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs as prescribed in this Act, or have received any financial or material contributions or donations from natural or juridical persons found guilty of trafficking dangerous drugs as prescribed in this Act, shall be removed from office and perpetually disqualified from holding any elective or appointive positions in the government, its divisions, subdivisions, and intermediaries, including government-owned or controlled corporations. Section 66. Suspension of Sentence of a First-Time Minor Offender. An accused who is over fifteen (15) years of age at the time of the commission of the offense mentioned in Section 11 of this Act, but not more than eighteen (18) years of age at the time when judgment should have been promulgated after having been found guilty of said offense, may be given the benefits of a suspended sentence, subject to the following conditions: (a) He/she has not been previously convicted of violating any provision of this Act, or of the Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or of any special penal laws; (b) He/she has not been previously committed to a Center or to the care of a DOHaccredited physician; and (c) The Board favorably recommends that his/her sentence be suspended. While under suspended sentence, he/she shall be under the supervision and rehabilitative surveillance of the Board, under such conditions that the court may impose for a period ranging from six (6) months to eighteen (18) months. Upon recommendation of the Board, the court may commit the accused under suspended sentence to a Center, or to the care of a DOH-accredited physician for at least six (6) months, with after-care and follow-up program for not more than eighteen (18) months. In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized under this Act, Article 192 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, as amended by Presidential Decree No. 1179 shall apply, without prejudice to the application of the provisions of this Section. Section 98. Limited Applicability of the Revised Penal Code. Notwithstanding any law, rule or regulation to the contrary, the provisions of the Revised Penal Code (Act No. 3814), as amended, shall not apply to the provisions of this Act, except in the case of minor offenders. Where the offender is a minor, the penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death. Section 99. Separability Clause. If for any reason any section or provision of this Act, or any portion thereof, or the application of such section, provision or portion thereof to any person, group or circumstance is declared invalid or unconstitutional, the remainder of this Act shall not be affected by such declaration and shall remain in force and effect. Republic Act No. 9344
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Definition of a child in conflict with law (e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws. Minimum age of responsibility SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act. The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws. Determination of age SEC. 7. Determination ofAge. - The child in conflict with the law shall enjoy the presumption of minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older. The age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor. Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate court may file a case in a summary proceeding for the determination of age before the Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all interested parties. If a case has been fiied against the child in conflict with the law and is pending in the appropriate court, the person shall file a motion to determine the age of the child in the same court where the case is pending. Pending hearing on the said motion, proceedings on the main case shall be suspended. In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned shall exert all efforts at determining the age of the child in conflict with the law. Exemption from criminal liability SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act. The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws. EXEMPTING PROVISIONS SEC. 57. Status Offenees. - Any conduct not considered an offense or not penalized if committed by an adult shall not be considered an offense and shall not be punished if committed by a child. SEC. 58. Offenses Not Applicable to Children. - Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of vagrancy and prostitution under Section 202 of the Revised Penal Code, of mendicancy under Presidential Decree No. 1563, and sniffing of rugby under Presidential Decree No. 1619, such prosecution being inconsistent with the United Nations Convention on the Rights of the Child: Provided, That said persons shall undergo appropriate counseling and treatment program. SEC. 59. Exemption from the Application of Death Penalty. - The provisions of the Revised Penal Code, as amended, Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, and other special laws notwithstanding, no death penalty shall be imposed upon children in conflict with the law. Republic Act No. 9262 March 08, 2004
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES (c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. SECTION 26. Battered Woman Syndrome as a Defense. Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code. In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists. SECTION 28. Custody of children. The woman victim of violence shall be entitled to the custody and support of her child/children. Children below seven (7) years old older but with mental or physical disabilities shall automatically be given to the mother, with right to support, unless the court finds compelling reasons to order otherwise.
A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children. In no case shall custody of minor children be given to the perpetrator of a woman who is suffering from Battered woman syndrome.
PERSONS CRIMINALLY LIABLE

Under the Revised Penal Code, when more than one person participated in the commission of the crime, the law looks into their participation because in punishing offenders, the Revised Penal Code classifies them as: PRINCIPAL; ACCOMPLICE; OR ACCESSORY. This classification is true only under the Revised Penal Code and is not applied under special laws, because the penalties under the latter are never graduated. Do not use the term principal when the crime committed is a violation of special law (use the term offender/s, culprit/s, accused).
As to the liability of the participants in a grave, less grave or light felony: 1. When the felony is grave, or less grave, all participants are criminally liable. 2. But where the felony is only light, only the principal and the accomplice are liable. The accessory is not. a. Therefore, it is only when the light felony is against persons or property that criminal liability attaches to the principal or accomplice, even though the felony is only attempted or frustrated, but accessories are not liable for light felonies. A. PRINCIPALS 1. BY DIRECT PARTICIPATION 2. BY INDUCTION 3. BY INDISPENSABLE COOPERATION
1. BY DIRECT PARTICIPATION
Those who are liable:
a. materially execute the crime b. appear at the scene of the crime c. perform acts necessary in the commission of the offense Why one who does not appear at the scene of the crime is not liable:
a. His non-appearance is deemed desistance which is favored and encouraged; b. Conspiracy is generally not a crime unless the law specifically provides a penalty therefor. c. There is no basis for criminal liability because there is no criminal participation.
2. BY INDUCTION Inducement must be strong enough that the person induced could not resist. This is tantamount to an irresistible force compelling the person induced to carry out the crime. Ill-advised language is not enough unless he who made such remark or advice is a co-conspirator in the crime committed. When does a principal by induction become liable: The principal by induction becomes liable only when the principal by direct participation committed the act induced. What are the effects of acquittal of principal by direct participation upon the liability of principal by inducement: a. Conspiracy is negated by the acquittal of co-defendant. b. One cannot be held guilty of having instigated the commission of a crime without first being shown that the crime has been actually committed by another. Examples:
While in the course of a quarrel, a person shouted to A, Kill him! Kill him! A killed the other person. Is the person who shouted criminally liable? Is that inducement? No. The shouting must be an irresistible force for the one shouting to be liable. There was a quarrel between two families. One of the sons of family A came out with a shotgun. His mother then shouted, Shoot! He shot and killed someone. Is the mother liable? No. 1) People v. Balderrama 226 SCRA 537 (1993), Ernesto shouted to his younger brother Oscar, Birahin mo na, birahin mo na! Oscar stabbed the victim. It was held that there was no conspiracy. Joint or simultaneous action per se is not indicia of conspiracy without showing of common design. Oscar has no rancor with the victim for him to kill the latter. Considering that Ernesto had great moral ascendancy and influence over Oscar, being much older (35 years old), than the latter, who was 18 years old, and it was Ernesto who provided his allowance, clothing, as well as food and shelter, Ernesto is principal by inducement. 2) People v. Agapinay, 188 SCRA 812 (1990), The one who uttered kill him, we will bury him. while the felonious aggression was taking place cannot be held liable as principal by inducement. Utterance was said in the excitement of the hour, not a command to be obeyed. 3) People v. Madall, 188 SCRA 69 (1990), the son was mauled. The family was not in good terms with their neighbors. The father challenged everybody and when the neighbors approached, he went home to get a rifle. The shouts of his wife here comes another, shoot him cannot make the wife a principal by inducement. It is not the determining cause of the crime in the absence of proof that the words had great influence over the husband. Neither is the wifes act of beaming the victim with a flashlight indispensable to the killing. She assisted her husband in taking good aim, but such assistance merely facilitated the felonious act of shooting. Considering that it was not so dark and the husband could have accomplished the deed without his wifes help, and considering further that doubts must be resolved in favor of the accused, the liability of the wife is only that of an accomplice. 3. BY INDISPENSABLE COOPERATION
What is the essence of being a principal by indispensable cooperation: The focus is not just on participation but on the importance of participation in committing the crime. The basis is the importance of the cooperation to the consummation of the crime. o If the crime could hardly be committed without such cooperation, then such cooperation would bring about a principal. o If the cooperation merely facilitated or hastened the consummation of the crime, this would make the cooperator merely an accomplice. In case of doubt, favor the lesser penalty or liability. Apply the doctrine of pro reo. B. ACCOMPLICES When is one regarded as an accomplice:
1. Determine if there is a conspiracy. If there is, as a general rule, the criminal liability of all will be the same, because the act of one is the act of all. Exception: o If the participation of one is so insignificant o such that even without his cooperation, o the crime would be committed just as well, o then notwithstanding the existence of a conspiracy, such offender will be regarded only as an accomplice. What are the other traits of an accomplice
does not have a previous agreement or understanding; or is not in conspiracy with the principal by direct participation REQUISITES: Accomplices come to know about it after the principals have
reached the decision and only then do they agree to cooperate in its execution. Accomplices merely assent to the plan and cooperate in it accomplishment Accomplices are merely instruments who perform acts not essential to the perpetration of the offense. 1. That there be community of design; i. that is, knowing the criminal design of the principal by direct participation, he concurs with the latter in his purpose; 2. That he cooperates in the execution of the offense i. by previous or simultaneous acts, with the intention of supplying material or moral aid in the execution of the crime in an efficacious way; and 3. That there be a relation between the acts done by the principal and those attributed to the person charged as accomplice. ACCESSORIES When are accessories not criminally liable: 1. When the felony committed is a light felony 2. When the accessory is related to the principal as a. spouse, or b. an ascendant, or descendant, or c. brother or sister whether legitimate, natural or adopted or d. where the accessory is a relative by affinity within the same degree, unless the accessory himself profited from the effects or proceeds of the crime or assisted the offender to profit therefrom. When can one not be an accessory : He does not know of the commission of the crime He participated in the crime
He is already a principal or an accomplice When is an accessory exempt from criminal liability: when the principal is his: 1. spouse, 2. ascendant, 3. descendant, 4. legitimate, natural or adopted brother, sister or relative by affinity within the same degree. NOTE: Even if only two of the principals guilty of murder are the brothers of the accessory and the others are not related to him, such accessory is exempt from criminal liability. When is an accessory NOT exempt from criminal liability even if the principal is related to him: if such accessory (1) profited by the effects of the crime, or (2) assisted the offender to profit by the effects of the crime Other instances when one becomes an accessory: Accessory as a fence Acquiring the effects of piracy or brigandage Destroying the corpus delicti Harboring or concealing an offender Whether the accomplice and the accessory may be tried and convicted even before the principal is found guilty 1. ACCESSORY AS A FENCE
Presidential Decree No. 1612 (Anti-Fencing Law). One who knowingly profits or assists the principal to profit by the effects of robbery or theft (i.e. a fence) is not just an accessory to the crime, but principally liable for fencing The penalty is higher than that of a mere accessory to the crime of robbery or theft. Mere possession of any article of value
which has been the subject of robbery or theft brings about the presumption of fencing. Presidential Decree No. 1612 has, therefore, modified Article 19 of the Revised Penal Code. ACQUIRING THE EFFECTS OF PIRACY OR BRIGANDAGE Presidential Decree 532 (Anti-piracy and Anti-Hghway Robbery Law of 1974) If the crime was piracy or brigandage under PD 532, o said act constitutes the crime of abetting piracy or abetting brigandage as the case may be, o although the penalty is that for an accomplice, not just an accessory, to the piracy or brigandage. Section 4 of PD 532 o provides that any person who knowingly and in any manner acquires or receives property taken by such pirates or brigands or in any manner derives benefit therefrom shall be considered as an accomplice of the principal offenders in accordance with the Rules prescribed by the Revised Penal Code. o It shall be presumed that any person who does any acts provided in this Section has performed them knowingly, unless the contrary is proven. Although Republic Act 7659, in amending Article 122 of the Revised Penal Code, incorporated therein the crime of piracy in Philippine territorial waters and thus correspondingly superseding PD 532 o section 4 of said Decree, which punishes said acts as a crime of abetting piracy or brigandage, still stands as it has not been repealed nor modified, and is not inconsistent with any provision of RA 7659. 3. DESTROYING THE CORPUS DELICTI
When the crime is robbery or theft, with respect to the third involvement of an accessory, do not overlook the purpose which must be to prevent discovery of the crime. The corpus delicti is not the body of the person who is killed. o Even if the corpse is not recovered, as long as that killing is established beyond reasonable doubt, criminal liability will arise. o If there is someone who destroys the corpus delicti to prevent discovery, he becomes an accessory. 4. HARBORING OR CONCEALING AN OFFENDER In the fourth form or manner of becoming an accessory, take note that the law distinguishes between: o a public officer harboring, concealing, or assisting the principal to escape, and o a private citizen or civilian harboring, concealing, or assisting the principal to escape. PUBLIC OFFICER CIVILIAN The nature of the crime is immaterial.
What is material is that he used his public function is assisting the escape.
100% UP LAW 1 0 0 % U P L A W1 0 0 % U P L A W 100% UP LAWU P B A R O P S The nature of the crime is material. For him to become an accessory, the principal must have committed the crime of treason, parricide, murder or attempt on the life of the Chief Executive.
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Illustration: Crime committed is kidnapping for ransom. Principal was being chased by soldiers. His aunt hid him in the ceiling of her house and she told the soldiers that her nephew had never visited her. When the soldiers left, the aunt even gave money to her nephew for the latter to go to the province. Is the aunt criminally liable? No. Article 20 does not include an aunt. However, this is not the reason. The principal must have committed either treason, parricide, murder, or attempt on the life of the Chief Executive, or that the principal is known to be habitually guilty of some other crime, for a person who is not a public officer and who assists an offender to escape or otherwise harbors, or conceals such offender, to be criminally liable. In this case, the crime committed was kidnapping. Criminal liability of accessory Revised Penal Code PD 1829 (Also Known as the law penalizing Obstruction of Justice) Specifies the crimes that should be committed in case a civilian aids in the escape The offender is the principal or must be convicted of the crime charged The one who harbored or concealed There is no specification of the crime to be committed by the offender in order that criminal liability be incurred The offender need not even be the principal or need not be convicted of the crime charged An offender of any crime is no longer an an offender is still an
accessory accessory but is simply an offender without regard to the crime of the person assisted to escape In the preceding illustration, the aunt is not criminally liable under the Revised Penal Code because the crime is kidnapping, but under PD 1829. 5. WHETHER THE ACCOMPLICE AND THE ACCESSORY MAY BE TRIED AND CONVICTED EVEN BEFORE THE PRINCIPAL IS FOUND GUILTY There is an earlier Supreme Court ruling that the accessory and accomplice must be charged together with the principal if the latter is acquitted, the accomplice and accessory shall also not be criminally liable, unless the acquittal is based on a defense which is personal only to the principal. This is not true in all cases. It is not always true that the accomplice and accessory cannot be criminally liable without the principal being first convicted. Under Rule 110 of the Revised Rules on Criminal Procedure, it is required that all those involved in the commission of the crime must be included in the information that may be filed. The liability of the accused will depend on the quantum of evidence adduced by the prosecution against the particular accused. But the prosecution must initiate the proceedings against the principal. Even if the principal is convicted, if the evidence presented against a supposed accomplice or accessory does not meet the required proof beyond reasonable doubt, then said accused will be acquitted. So the criminal liability of an accomplice or accessory does not depend on the criminal liability of the principal but depends on the quantum of evidence. But if the evidence shows that the act done does not constitute a crime and the principal is acquitted, then the supposed accomplice and accessory should also be acquitted. If there is no crime, then there is no criminal liability, whether principal,
accomplice, or accessory. 1) Taer v. CA (1990) , Facts: Accused received from his co-accused two stolen male carabaos. Conspiracy was not proven. Taer was held liable as an accessory in the crime of cattle-rustling under PD 533. Taer should have been liable for violation of the Anti-Fencing Law since castlerustling is a form of theft or robbery of large cattle, except that he was not charged with fencing. 2) Enrile v. Amin 189 SCRA 573 (1990) , A person charged with rebellion should not be separately charged under PD 1829. The theory of absorption must not confine itself to common crimes but also to offenses punished under special laws which are perpetrated in furtherance of the political offense.
PRESIDENTIAL DECREE No. 1829 PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS Punishable acts WHEREAS, to discourage public indifference or apathy towards the apprehension and prosecution of criminal offenders, it is necessary to penalize acts which obstruct or frustrate or tend to obstruct or frustrate the successful apprehension and prosecution of criminal offenders; NOW, THEREFORE, I, FERDINAND, E. MARCOS, President of the Philippines, by virtue of the powers vested in me by law do hereby decree and order the following: Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts: (a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or the identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation, force or threats; (b) altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases; (c) harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction;
(d) publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the execution of a judgment, or concealing his true name and other personal circumstances for the same purpose or purposes; (e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts; (f) making, presenting or using any record, document, paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases; (g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting, or impeding the prosecution of a criminal offender; (h) threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any immediate member or members of his family in order to prevent such person from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent a person from appearing in the investigation of or in official proceedings in, criminal cases; (i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim; or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or to the court. If any of the acts mentioned herein is penalized by any other law with a higher penalty, the higher penalty shall be imposed. Article 20 of RPC ACT No. 3815 (December 8, 1930) AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS
Article 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.
VI. PENALTIES
Penalty is the suffering that is inflicted by the State for the transgression of a law. Different Juridical Conditions of Penalty:
1. Must be PRODUCTIVE OF SUFFERING, without affecting the integrity of the human personality. 2. Must be COMMENSURATE with the offense different crimes must be punished with different penalties. 3. Must be PERSONAL no one should be punished for the crime of another. 4. Must be LEGAL it is the consequence of a judgment according to law. 5. Must be CERTAIN no one may escape its effects. 6. Must be EQUAL for all. 7. Must be CORRECTIONAL. Theories justifying penalty: 1. PREVENTION to suppress danger to the State 2. SELF-DEFENSE to protect the society from the threat and wrong inflicted by the criminal. 3. REFORMATION to correct and reform the offender. 4. EXEMPLARITY to serve as an example to deter others from committing crimes. 5. JUSTICE for retributive justice, a vindication of absolute right and moral law violated by the criminal. Purpose of penalty under the RPC: 1. RETRIBUTION OR EXPIATION the penalty is commensurate with the gravity of the offense. 2. CORRECTION OR REFORMATION as shown by the rules which regulate the execution of the penalties consisting in deprivation of liberty. 3. SOCIAL DEFENSE shown by its inflexible severity to recidivist and habitual delinquents. This Section discusses the following: A. GENERAL PRINCIPLES B. PENALTIES WHICH MAY BE IMPOSED C. ACCESSORY PENALTIES D. PENALTIES WHICH MAY BE IMPOSED E. MEASURES NOT CONSIDERED PENALTY
F. APPLICATION AND COMPUTATION OF PENALTIES G. SPECIAL RULES H. THE INDETERMINATE SENTENCE LAW I. EXECUTION AND SERVICE OF PENALTIES
I. A. GENERAL PRINCIPLES
Art. 21. Penalties that may be imposed. No felony shall be punishable by any penalty not prescribed by law prior to its commission. This article prohibits the Government from punishing any person for any felony with any penalty which has not been prescribed by the law. It has no application to any of the provisions of the RPC for the reason that for every felony defined in the Code, a penalty has been prescribed. REASON: An act or omission cannot be punished by the State if at the time it was committed there was no law prohibiting it, because a law cannot be rationally obeyed unless it is first shown, and a man cannot be expected to obey an order that has not been given.
A. OTHER CONSTITUTIONAL
PROHIBITIONS 1987 CONSTITUTION Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. Section 20. No person shall be imprisoned for debt or non-payment of a poll tax. Section 22. No ex post facto law or bill of attainder shall be enacted.
II. B. PENALTIES WHICH MAY BE IMPOSED

Art. 25. Penalties which may be imposed. The penalties which may be imposed according to this Code, and their different classes, are those included in the following:
A. Scale OF PRINCIPAL PENALTIES

Capital punishment: Death. Afflictive penalties: Reclusion perpetua, Reclusion temporal, Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Prision mayor. Correctional penalties: Prision correccional, Arresto mayor,
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Suspension, Destierro. Light penalties: Arresto menor, Public censure. Penalties common to the three preceding classes: Fine, and Bond to keep the peace.
B. SCALE OF ACCESSORY PENALTIES

Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Suspension from public office, the right to vote and be voted for, the profession or calling. Civil interdiction,
Indemnification, Forfeiture or confiscation of instruments and proceeds of the offense, Payment of costs.
C. MaJOR CLASSIFICATION
PRINCIPAL PENALTIES those expressly imposed by the court in the judgment of conviction. ACCESSORY PENALTIES those that are deemed included in the imposition of the principal penalties.
D. Other classifications of penalties:

According to their divisibility: Divisible those that have fixed duration and are divisible into three periods. Indivisible those which have no fixed duration. Death Reclusion perpetua Perpetual absolute or special disqualification Public censure According to subject-matter Corporal (death) Deprivation of freedom (reclusion, prision, arresto) Restriction of freedom (destierro) Deprivation of rights (disqualification and suspension) Pecuniary (fine) According to their gravity Capital Afflictive Correctional Light NOTE: Public censure is a penalty, thus, it is not proper in acquittal. However, the Court in acquitting the accused may criticize his acts or conduct. Penalties that are either principal or
accessory: Perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, and suspension may be principal or accessory penalties, because they formed in the 2 general classes.
III. C. SPECIFIC PRINCIPAL AND

ACCESSORY PENALTIES A. CAPITAL PUNISHMENT 1. Death penalty RA 9346 or An Act Prohibiting the Imposition of Death Penalty in the Philippines expressly repealed RA 8177 or Act Designating Death by Lethal Injection and RA 7659 or Death Penalty Law. RA 9346 repealed all the other laws imposing death penalty. Section 2 states that: In lieu of the death penalty, the following shall be imposed: a. the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code; or b. the penalty of life imprisonment , when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code. B. AFFLICTIVE PENALTIES Art. 27. Reclusion perpetua. Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon. Reclusion temporal. The penalty of reclusion temporal shall be from twelve years and one day to twenty years. Prision mayor and temporary disqualification. The duration of the penalties of prision mayor and temporary disqualification shall be from six years and one day to twelve years, except when the penalty of disqualification is imposed as an
accessory penalty, in which case its duration shall be that of the principal penalty.
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Art. 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. The penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be, and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. Art. 42. Prision mayor; Its accessory penalties. The penalty of prision mayor, shall carry with it that of temporary absolute disqualification and that of perpetual special disqualification from the 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.
Penalty PenaltyPenalty Penalty Duration DurationDuration Duration Effects EffectsEffects Effects Accessories AccessoriesAccessories Accessories
Death (REPEALED) Death, when not executed due to pardon or commutation (REPEALED) Indivisible PAD Civil Reclusion perpetua 20 years & 1 day to 40 years (Indivisible) Perpetual absolute disqualification (PAD) Perpetual special disqualification (PSD) For life For life Reclusion temporal 12 years & 1 day to 20 years Prision mayor 6 years & 1 day Temporary absolute disqualification (TAD) Temporary special disqualification (TSD)
The following table also contains DISQUALIFICATION as an afflictive penalty, because its different forms can also be imposed as a principal although it is primarily categorized as an accessory penalty.
PAD Civil Deprivation of public office, even if by election
Deprivation of right to vote & be voted for Disqualification from public office held Loss of retirement rights Deprivation of office, employment, profession, or calling affected Disqualification from similar offices or employments
1) RECLUSION PERPETUA
Duration: 20 years and 1 day to 40 years Accessory Penalties: a. Civil interdiction for life or during the period of the sentence as the case may be. b. Perpetual Absolute Disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. 1) People v. Gatward (1997) Facts: The accused was convicted of violating the Dangerous Drugs Act for unlawfully importing into the Philippines heroin. The trial court sentenced the accused to suffer the penalty of imprisonment for 35 years of reclusion perpetua there being no aggravating or mitigating circumstance shown to have attended in the commission of the crime.
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PAD Civil to 12 years TAD 6 years & 1 day to 12 years 6 years & 1 day to 12 years Deprivation of public office, even if by election Deprivation of right to vote & be voted for during sentence Disqualification from public office held during sentence Loss of retirement rights Deprivation of office, employment, profession, or calling affected Disqualification from similar offices or employments interdiction 30 yrs from sentence interdiction for life interdiction for duration of sentence PSD of Suffrage Held: As amended by RA 7659, the penalty of reclusion perpetua is now accorded a defined duration ranging from 20 years and 1 day to 40 years. The Court held that in spite of the amendment putting the duration of RP, it should remain as an indivisible penalty since there was never intent on the part of Congress to reclassify it into a divisible penalty. The maximum duration of reclusion perpetua is not and has never been 30 years which is merely the number of ears which the convict must serve in order to be eligible for pardon or for the application of the 3fold rule.
2) People v. Ramirez (2001) The SC disagrees with the trial court in sentencing appellant "to suffer imprisonment of forty (40) years reclusion perpetua." There was no justification or need for the trial court to specify the length of imprisonment, because reclusion perpetua is an indivisible penalty. The
significance of this fundamental principle was laid down by the Court in People v. Diquit. "Since reclusion perpetua is an indivisible penalty, it has no minimum, medium or maximum periods. It is imposed in its entirety regardless of any mitigating or aggravating circumstances that may have attended the commission of the crime. (Art. 63, Revised Penal Code) Reclusion Perpetua is imprisonment for life but the person sentenced to suffer it shall be pardoned after undergoing the penalty for thirty (30) years, unless by reason of his conduct or some other serious cause, he shall be considered by the Chief Executive as unworthy of pardon (Art. 27, Revised Penal Code)." Distinguished from Life Imprisonment 3) People v. Ballabare (1996) The trial court erred in imposing the penalty of life imprisonment for violation of PD 1866. The crime of illegal possession of firearm in its aggravated form is punished by the penalty of death. Since the offense was committed on Sep. 16, 1990, at a time when the imposition of the death penalty was prohibited, the penalty next lower in degree which is reclusion perpetua should be imposed. This is not equivalent to life imprisonment. While life imprisonment may appear to be the English translation of reclusion perpetua, in reality, it goes deeper than that. LIFE IMPRISONMENT Imposed for serious offenses penalized by special laws Does not carry with it accessory penalties Does not appear to have any definite extent or duration years RECLUSION PERPETUA Prescribed under the RPC Carries with it accessory penalties Entails imprisonment for at least 30 years after which the convict becomes eligible for pardon although the maximum period shall in no case exceed 40
2) RECLUSION TEMPORAL Duration: 12 years and 1 day to 20 years Accessory Penalties: a. Civil interdiction for life or during the period of the sentence as the case may be. b. Perpetual Absolute Disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. 3) PRISION MAYOR Duration: 6 years and 1 day to 12 years Accessory Penalties: a. Temporary Absolute Disqualification b. Perpetual Special Disqualification from the right to suffrage which the offender shall suffer although pardoned as to the principal penalty unless the same shall have been expressly remitted in the pardon.
B. C. CORRECCIONAL PENALTIES
Art. 27 (4). Prision correccional, suspension, and destierro. The duration of the penalties of prision correccional, suspension and destierro shall be from six months and one day to six years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty. Arresto mayor. The duration of the penalty of arresto mayor shall be from one month and one day to six months. Art. 39. Subsidiary penalty. If the convict has no property with which to meet the fine mentioned in the paragraph 3 of the nest preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos, subject to the following rules: 1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under confinement until his fine referred to 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 light felony. 3. When the principal imposed is higher than prision correccional, 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 RA 5465, April 21, 1969).
Art. 43. Prision correccional; Its accessory penalties. The penalty of prision correccional shall carry with it that of suspension from public office, from the right to follow a profession or calling, and that of perpetual special disqualification from the right of suffrage, if the duration of said imprisonment shall exceed eighteen months. The offender shall suffer the disqualification provided in the article although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.
Penalty PenaltyPenalty Penalty Duration
DurationDuration Duration Effects EffectsEffects Effects Accesso AccessoAccesso Accessories riesries ries
Prision correccional 6 months & 1 day
to 6 years Suspension 6 months & 1 day
C. LIGHT PENALTIES
Suspension from public office to 6 years Public office Destierro 6 months & 1 day to 6 years Arresto mayor 1 month & 1 day to 6 months
1) PRISION CORRECCIONAL Duration: 6 months and 1 day to 6 years Accessory Penalties: a. Suspension from public office b. Suspension from the right to follow a profession or calling c. Perpetual Special Disqualification fro the right of suffrage, if the duration of the imprisonment shall exceed 18 months Profession or calling Suffrage Prohibition to enter w/in 25-250 km radius from the designated place Suspension from profession or calling PSD of suffrage, if penalty exceeds 18 mos.
Suspension of right to hold office and right of suffrage 2) ARRESTO MAYOR Duration: 1 month and 1 day to 6 months Accessory Penalties: a. Suspension of right to hold office b. Suspension of the right of suffrage during the term of the sentence. Art. 27 (6). Arresto menor. The duration of the penalty of arresto menor shall be from one day to thirty days. Art. 39. Subsidiary penalty. SUPRA Art. 44. Arresto; Its accessory penalties. The penalty of arresto shall carry with it that of suspension of the right too hold office and the right of suffrage during the term of the sentence. 1) ARRESTO MENOR Duration: 1 day to 30 days Accessory Penalties: a. Suspension of right to hold office
b. Suspension of the right of suffrage during the term of the sentence. 2) PUBLIC CENSURE Censure, being a penalty is not proper in acquittal. H. THE INDETERMINATE SENTENCE LAW
The indeterminate sentence is composed of: 1. a MAXIMUM taken from the penalty imposable under the penal code 2. a MINIMUM taken from the penalty next lower to that fixed in the code. The law does not apply to certain offenders: 1. Persons convicted of offense punished with death penalty or life imprisonment. 2. Those convicted of treason, conspiracy or proposal to commit treason. 3. Those convicted of misprision of treason, rebellion, sedition or espionage. 4. Those convicted of piracy. 5. Those who are habitual delinquents. 6. Those who shall have escaped from confinement or evaded sentence. 7. Those who violated the terms of conditional pardon granted to them by the Chief Executive. 8. Those whose maximum term of imprisonment does not exceed one year. 9. Those who, upon the approval of the law, had been sentenced by final judgment. 10. Those sentenced to the penalty of destierro or suspension. Purpose of the law: to uplift and redeem valuable human material and prevent unnecessary and excessive deprivation of liberty and economic usefulness - It is necessary to consider the criminal first as an individual, and second as a member of the society. - The law is intended to favor the defendant, particularly to shorten his term of imprisonment, depending upon his behavior and his physical, mental and moral record as a prisoner, to be determined by the Board of Indeterminate Sentence. The settled practice is to give the accused the benefit of the law even in crimes punishable with death or life imprisonment provided the resulting penalty, after considering the attending
circumstances, is reclusion temporal or less. ISL does not apply to destierro. ISL is expressly granted to those who are sentenced to imprisonment exceeding 1 year. PROCEDURE FOR DETERMING THE MAXIMUM AND MINIMUM SENTENCE Is consists of a maximum and a minimum instead of a single fixed penalty. Prisoner must serve the minimum before he is eligible for parole. The period between the minimum and maximum is indeterminate in the sense that the prisoner may be exempted from serving said indeterminate period in whole or in part. The maximum is determined in any case punishable under the RPC in accordance with the rules and provisions of said code exactly as if the ISL had never been enacted. Apply first the effect of privileged mitigating circumstances then consider the effects of aggravating and ordinary mitigating circumstances. The minimum depends upon the courts discretion with the limitation that it must be within the range of the penalty next lower in degree to that prescribed by the Code for the offense committed. NOTE: A minor who escaped from confinement in the reformatory is entitled to the benefits of the ISL because his confinement is not considered imprisonment.
Art. 64. Rules for the application of penalties which contain three periods. In cases in which the penalties prescribed by law contain three periods, whether it be a single divisible penalty or composed of three different penalties, each one of which forms a period in accordance with the provisions of Articles 76 and 77, the court shall observe for the application of the penalty the following rules, according to whether there are or are not mitigating or aggravating circumstances: 1. When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by law in its medium period. 2. When only a mitigating circumstance is present in the commission of the act, they shall impose the penalty in its minimum period. 3. When an aggravating circumstance is present in the commission of the act, they shall impose the penalty in its maximum period. 4. When both mitigating and aggravating
circumstances are present, the court shall reasonably offset those of one class against the other according to their relative weight. 5. When there are two or more mitigating circumstances and no aggravating circumstances are present, the court shall impose the 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. 6. Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose a greater penalty than that prescribed by law, in its maximum period. 7. Within the limits of each period, the court shall determine the extent of the penalty according to the number and nature of the aggravating and mitigating circumstances and the greater and lesser extent of the evil produced by the crime. De la Cruz v. CA (1996) In as much as the amount of P715k is P693k more than the abovementioned benchmark of P22k, then adding one year for each additional P10k, the maximum period of 6 years, 8 months and 21 days to 8 years of prision mayor minimum would be increased by 69 years, as computed by the trial court. But the law categorically declares that the maximum penalty then shall not exceed 20 years of reclusion
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temporal. Under the ISL, the minimum term of the indeterminate penalt should be within the range of the penalty next lower in degree to that prescribed b the Code for the offense committed, which is prision correccional. People v. Campuhan (supra) The penalty for attempted rape is two (2) degrees lower than the imposable penalty of death for the offense charged, which is statutory rape of a minor below seven (7) years. Two (2) degrees lower is reclusion temporal, the range of which is twelve (12) years and one (1) day to twenty (20) years. Applying the Indeterminate Sentence Law, and in the absence of any mitigating or aggravating circumstance, the maximum of the penalty to be imposed upon the accused shall be taken from the medium period of reclusion temporal, the range of which is
fourteen (14) years, eight (8) months and (1) day to seventeen (17) years and four (4) months, while the minimum shall be taken from the penalty next lower in degree, which is prision mayor, the range of which is from six (6) years and one (1) day to twelve (12) years, in any of its periods. People v. Saley (supra) Under the Indeterminate Sentence Law, the maximum term of the penalty shall be "that which, in view of the attending circumstances, could be properly imposed" under the Revised Penal Code, and the minimum shall be "within the range of the penalty next lower to that prescribed" for the offense. The penalty next lower should be based on the penalty prescribed by the Code for the offense, without first considering any modifying circumstance attendant to the commission of the crime. The determination of the minimum penalty is left by law to the sound discretion of the court and it can be anywhere within the range of the penalty next lower without any reference to the periods into which it might be subdivided. The modifying circumstances are considered only in the imposition of the maximum term of the indeterminate sentence. The fact that the amounts involved in the instant case exceed P22,000.00 should not be considered in the initial determination of the indeterminate penalty; instead, the matter should be so taken as analogous to modifying circumstances in the imposition of the maximum term of the full indeterminate sentence. This interpretation of the law accords with the rule that penal laws should be construed in favor of the accused. Since the penalty prescribed by law for the estafa charge against accused-appellant is prision correccional maximum to prision mayor minimum, the penalty next lower would then be prision correccional minimum to medium. Thus, the minimum term of the indeterminate sentence should be anywhere within six (6) months and one (1) day to four (4) years and two (2) months EXECUTION AND SERVICE OF PENALTIES
Execution of Penalties Art. 78. When and how a penalty is to be executed. No penalty shall be executed except by virtue of a final judgment. A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or incidents than those expressly authorized thereby. In addition to the provisions of the law, the
special regulations prescribed for the government of the institutions in which the penalties are to be suffered shall be observed with regard to the character of the work to be performed, the time of its performance, and other incidents connected therewith, the relations of the convicts among themselves and other persons, the relief which they may receive, and their diet. The regulations shall make provision for the separation of the sexes in different institutions, or at least into different departments and also for the correction and reform of the convicts. The judgment must be final before it can be executed, because the accused may still appeal within 15 days from its promulgation. But if the defendant has expressly waived in writing his right to appeal, the judgment becomes final and executory. See Rules and regulations to implement RA No. 8177 under Capital Punishment. Art. 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor. The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor, shall be executed and served in the places and penal establishments provided by the Administrative Code in force or which may be provided by law in the future. Art. 87. Destierro. Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25 kilometers from the place designated. Convict shall not be permitted to enter the place designated in the sentence nor within the radius specified, which shall not more than 250 and not less than 25 km from the place designated. If the convict enters the prohibited area, he commits evasion of sentence. Destierro is imposed: a. When the death or serious physical injuries is caused or are inflicted under exceptional circumstances (art. 247) b. When a person fails to give bond for good behavior (art. 284) c. As a penalty for the concubine in the crime of concubinage (Art. 334) d. When after lowering the penalty by degrees, destierro is the proper penalty.
Art. 88. Arresto menor. The penalty of arresto menor shall be served in the municipal jail, or in the house of the defendant himself under the surveillance of an officer of the law, when the court so provides in its decision, taking into consideration the health of the offender and other reasons which may seem satisfactory to it. Service of the penalty of arresto menor: a. In the municipal jail
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b. In the house of the offender, but under the surveillance of an officer of the law, whenever the court so provides in the decision due to the health of the offender. In the Matter of the petition for Habeas Corpus of Pete Lagran (2001) Facts: The accused was convicted of 3 counts of violating BP22 and was sentenced to imprisonment of 1 year for each count. He was detained on Feb. 24, 1999. On Mar. 19, 2001, he filed a petition for habeas corpus claiming he completed the service of his sentence. Citing Art. 70, RPC, he claimed that he shall serve the penalties simultaneously. Thus, there is no more legal basis for his detention. Held: Art. 70 allows simultaneous service of two or more penalties only if the nature of the penalties so permit. In the case at bar, the petitioner was sentenced to suffer one year imprisonment for every count of the offense committed. The nature of the sentence does not allow petitioner to serve all the terms simultaneously. The rule of successive service of sentence must be applied. Effects of the Probation Law
THE PROBATION LAW Taken from the DOJ website Section 3(a) of Presidential Decrees 968, as amended, defines probation as a disposition under which an accused, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer. It is a privilege granted by the
court; it cannot be availed of as a matter of right by a person convicted of a crime. To be able to enjoy the benefits of probation, it must first be shown that an applicant has none of the disqualifications imposed by law. Disqualified Offenders Probation under PD No. 968, as amended, is intended for offenders who are 18 years of age and above, and who are not otherwise disqualified by law. Offenders who are disqualified are those: (1) sentenced to serve a maximum term of imprisonment of more than six years; (2) convicted of subversion or any offense against the security of the State, or the Public Order; (3) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not more than Two Hundred Pesos; (4) who have been once on probation under the provisions of this Decree; Post-Sentence Investigation The PostSentence Investigation (PSI) and the submission of the Post-Sentence Investigation Report (PSIR) are pre-requisites to the court disposition on the application for probation. Period of Probation The period of probation is in essence a timebound condition. It is a condition in point of time which may be shortened and lengthened within the statutory limits and the achievements by the probationer of the reasonable degrees of social stability and responsibility from the measured observation of the supervising officer and the exercise discretion by the court in decisive order. Probation Conditions The grant of probation is accompanied by conditions imposed by the court: The mandatory conditions require that the probationer shall (a) present himself to the probation officer designated to undertake his supervision at each place as may be specified in the order within 72 hours from receipt of said order, and
(b) report to the probation officer at least once a month at such time and place as specified by said officer. Special or discretionary conditions are those additional conditions imposed on the probationer which are geared towards his correction and rehabilitation outside of prison and right in the community to which he belongs. A violation of any of the conditions may lead either to a more restrictive modification of the same or the revocation of the grant of probation. Consequent to the revocation, the probationer will have to serve the sentence originally imposed. Modification of Conditions of Probation During the period of probation, the court may, upon application of either the probationers or the probation officer, revise or modify the conditions or period of probation. The court shall notify either the probationer or the probation officer of the filing of such an application so as to give both parties an opportunity to be heard thereon. Transfer of Residence Whenever a probationer is permitted to reside in a place under the jurisdiction of another court, control over him shall be transferred to the executive judge of the "Court of First Instance" of that place, and in such case, a copy of the Probation Order, the investigation report and other pertinent records shall be furnished to said executive judge. Thereafter, the executive judge to whom jurisdiction over the probationer is transferred shall have the power with respect to him that was previously possessed by the court which granted the probation. Revocation of Probation At any time during probati on, the court may issue a warrant for the arrest of a probationer for any serious violation of the conditions of probation. The probationer, once arrested and detained, shall immediately be brought before the court for a hearing of the violation charged. The defendant may be admitted to bail pending such hearing. In such case, the provisions regarding release on bail of persons charged with crime shall be applicable to probationers arrested under this provision. An order revoking the grant of probation or modifying the terms and conditions thereof shall not be appealable. Termination of Probation After the period of probation and upon consideration of the report and recommendation
of the probation officer, the court may order the final discharge of the probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed terminated.
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Programs and Services Post-Sentence Investigation. After conviction and sentence, a convicted offender or his counsel files a petition for probation with the trail court, who in turn orders the Probation Officer to conduct a post-sentence investigation to determine whether a convicted offender may be placed on probation or not. The role of the probation officer in this phase is to conduct the post-sentence investigation and to submit his report to the court within the period not later than 60 days from receipt of the order of the Court to conduct the said investigation. Pre-Parole Investigation. The PAROLE AND PROBATION ADMINISTRATION - (PPA) conducts pre-parole investigation of all sentenced prisoners confined in prisons and jails within their jurisdiction. The purpose is to determine whether offenders confined in prisons/jails are qualified for parole or any form of executive clemency and to discuss with them their plans after release. Probation officers submit their pre-parole assessment reports to the Board of Pardons and Parole. Supervision of Offenders. The Agency supervises two types of offenders under conditional release: (1) probationers, or persons placed under probation by the courts; (2) parolees and pardonees, or prisoners released on parole or conditional pardon and referred by the Board of Pardons and Parole (BPP) to PAROLE AND PROBATION ADMINISTRATION - (PPA) (PPA). The objectives of supervision are to carry out the conditions set forth in the probation/parole order, to ascertain whether the probationer/parolee/pardonee is complying with the said conditions, and to bring about the
rehabilitation of the client and his re-integration into the community. Rehabilitation Programs. The treatment process employed by the field officers focused on particular needs of probationers, parolees and pardonees. Assistance is provided to the clientele in the form of job placement, skills training, spiritual/moral upliftment, counseling, etc. Community Linkages Probation/Parole, as a communitybased treatment program, depends on available resources in the community for the rehabilitation of offenders. Thus, the Agency, recognizing the important role of the community as a rehabilitation agent, involves the community in probation work through the use of volunteer workers and welfare agencies. Presidential Decree No. 968 permits the utilization of the services of Volunteer Probation Aides to assist the Probation and Parole Officers in the supervision of probationers, parolees and pardonees particularly in the areas where the caseload is heavy and the office is understaff or where the residence of the clientele is very far from the Parole and Probation Office. As defined, a Volunteer Probation Aide is a volunteer who is a citizen of good moral character and good standing in the community, who has been carefully selected and trained to do volunteer probation work. He is appointed by the Administrator after successful completion of the Introductory Training Course for probation volunteers. His term of office is one year but can be renewed thereafter or terminated earlier depending upon his performance and willingness to serve. Fu rther, the PAROLE AND PROBATION ADMINISTRATION - (PPA), through its Community Services Division, Regional and Field Offices nationwide, has been tapping government/non-government organizations/individuals for various rehabilitation programs and activities for probationers, parolees and pardonees. Llamado v. CA (1989) In its present form, Section 4 of the Probation Law establishes a much narrower period during which an application for probation ma be filed with the trial curt: after the trial curt
shall have convicted and sentenced a defendant and within the period for perfecting an appeal. The provision expressly prohibits the grant of an application for probation if the defendant has perfected an appeal from the judgment of conviction. Petitioners right to apply for probation was lost when he perfected his appeal from the judgment of the trial court. The trial court lost jurisdiction already over the case. Bala v. Martinez (1990) PD 1990 which amends Sec. 4 of PD 968 is not applicable to the case at bar. It went into effect on Jan. 15, 1985 and cannot be given retroactive effect because it would be prejudicial to the accused. Bala was placed on probation on Aug. 11, 1982. Expiration of probation period alone does not automatically terminate probation; a final order of discharge from the court is required. Probation is revocable before the final discharge by the court. Probationer failed to reunite with responsible society. He violated the conditions of his probation. Thus, the revocation of his probation is compelling. Salgado v. CA (1990) There is no question that the decision convicting Salgado of the crime of serious physical injuries had become final and executory because the filing by respondent of an application for probation is deemed a waiver of his right to appeal. The grant of probation does not extinguish the civil liability of the offender. The order of probation with one of the conditions providing for the manner of payment of the civil liability during the period of probation, did not increase or decrease the civil liability adjudged. The conditions listed under Sec. 10 of the Probation law are not exclusive. Courts are allowed to impose practically any term it chooses, the only limitation being that it does not jeopardize the constitutional rights of the accused. Office of the Court Administrator v. Librado (1996) Facts: The respondent is a deputy sheriff who was charged of violating the Dangerous Drugs Act and is now claiming he is in probation. The OCA filed an administrative case against him and he was suspended from office.
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Held: While indeed the purpose of the Probation Law is to save valuable human material, it must not be forgotten that unlike pardon probation does not obliterate the crime of which the person under probation has been convicted. The image of the judiciary is tarnished by conduct involving moral turpitude. The reform and rehabilitation of the probationer cannot justify his retention in the government service. Suspension in case of Insanity or Minority Art. 79. Suspension of the execution and service of the penalties in case of insanity. When a convict shall become insane or an imbecile after final sentence has been pronounced, the execution of said sentence shall be suspended only with regard to the personal penalty, the provisions of the second paragraph of circumstance number 1 of Article 12 being observed in the corresponding cases. If at any time the convict shall recover his reason, his sentence shall be executed, unless the penalty shall have prescribed in accordance with the provisions of this Code. The respective provisions of this section shall also be observed if the insanity or imbecility occurs while the convict is serving his sentence. Only execution of personal penalty is suspended: civil liability may be executed even in case of insanity of convict. An accused may become insane: a. at the time of commission of the crime exempt from criminal liability b. at the time of the trial - court shall suspend hearings and order his confinement in a hospital until he recovers his reason c. at the time of final judgment or while serving sentence execution suspended with regard to the personal penalty only see Exempting Circumstance of Minority for PD No. 603 and Rule on Juveniles in Conflict with Law.
Republic Act No. 9344 AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Definition of a child in conflict with law (e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws. Minimum age of responsibility SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act. The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws. Determination of age SEC. 7. Determination ofAge. - The child in conflict with the law shall enjoy the presumption of minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older. The age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor. Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate court may file a case in a summary proceeding for the determination of age before the Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all interested parties. If a case has been fiied against the child in conflict with the law and is pending in the appropriate court, the person shall file a motion to determine the age of the child in the same court where the case is pending. Pending hearing on the said motion, proceedings on the main case shall be suspended. In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned shall exert all efforts at determining the age of the child in conflict with the law. Exemption from criminal liability
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act. The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws. EXEMPTING PROVISIONS SEC. 57. Status Offenees. - Any conduct not considered an offense or not penalized if committed by an adult shall not be considered an offense and shall not be punished if committed by a child. SEC. 58. Offenses Not Applicable to Children. - Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of vagrancy and prostitution under Section 202 of the Revised Penal Code, of mendicancy under Presidential Decree No. 1563, and sniffing of rugby under Presidential Decree No. 1619, such prosecution being inconsistent with the United Nations Convention on the Rights of the Child: Provided, That said persons shall undergo appropriate counseling and treatment program. SEC. 59. Exemption from the Application of Death Penalty. - The provisions of the Revised Penal Code, as amended, Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, and other special laws notwithstanding, no death penalty shall be imposed upon children in conflict with the law. Juvenile justice and welfare system SEC. 2. Declaration of State Policy. - The following State policies shall be observed at all times: (a) The State recognizes the vital role of children and youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. (b) The State shall protect the best interests of the child through measures that will ensure the observance of international standards of child protection, especially those to which the Philippines is a party. Proceedings before any authority shall be conducted in the best interest of the child and in a manner which allows the child to participate and to express himself/herself freely. The participation of children in the program and policy formulation and implementation related to juvenile justice and welfare shall be ensured by the concerned government agency. (c) The State likewise recognizes the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty and exploitation, and other conditions prejudicial to their development.
(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the State recognizes the right of every child alleged as, accused of, adjudged, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, taking into account the child's age and desirability of promoting his/her reintegration. Whenever appropriate and desirable, the State shall adopt measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected. It shall ensure that children are dealt with in a manner appropriate to their well-being by providing for, among others, a variety of disposition measures such as care, guidance and supervision orders, counseling, probation, foster care, education and vocational training programs and other alternatives to institutional care. (e) The administration of the juvenile justice and welfare system shall take into consideration the cultural and religious perspectives of the Filipino people, particularly the indigenous peoples and the Muslims, consistent with the protection of the rights of children belonging to these communities. (f) The State shall apply the principles of restorative justice in all its laws, policies and programs applicable to children in conflict with the law. SEC. 9. Duties and Functions of the JJWC. - The JJWC shall have the following duties and functions: (a) To oversee the implementation of this Act; (b) To advise the President on all matters and policies relating to juvenile justice and welfare; (c) To assist the concerned agencies in the review and redrafting of existing policies/regulations or in the formulation of new ones in line with the provisions of this Act; (d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention program, with the participation of government agencies concerned, NGOs and youth organizations; (e) To coordinate the implementation of the juvenile intervention programs and activities by national government agencies and other activities which may have an important bearing on the success of the entire national juvenile intervention program. All programs relating to juvenile justice and welfare shall be adopted in consultation with the JJWC; (f) To formulate and recommend policies and strategies in consultation with children for the prevention of juvenile delinquency and the administration of justice, as well as for the treatment and rehabilitation of the children in conflict with the law; (g) To collect relevant information and conduct continuing research and support evaluations and studies on all matters relating to juvenile justice and welfare, such as but not limited to: (1) the performance and results achieved by juvenile intervention programs and by activities of the local government units and other government agencies; (2) the periodic trends, problems and causes of juvenile delinquency and crimes; and
(3) the particular needs of children in conflict with the law in custody. The data gathered shall be used by the JJWC in the improvement of the administration of juvenile justice and welfare system. The JJWC shall set up a mechanism to ensure that children are involved in research and policy development. (h) Through duly designated persons and with the assistance of the agencies provided in the preceding section, to conduct regular inspections in detention and rehabilitation facilities and to undertake spot inspections on their own initiative in order to check compliance with the standards provided herein and to make the necessary recommendations to appropriate agencies; (i) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the administration of the juvenile justice and welfare system and the juvenile intervention program; (j) To submit an annual report to the President on the implementation of this Act; and (k) To perform such other functions as may be necessary to implement the provisions of this Act.
(m) "Juvenile Justice and Welfare System" refers to a system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development.
VII. EXTINGUISHMENT OF CRIMINAL LIABILITY

This section enumerates and explains the ways in which criminal liability is extinguished, one of which is prescription (of both the crime and the penalty) which will be discussed in detail. Two kinds of extinguishment of criminal liability: Total Extinguishment Partial Extinguishment Kinds of Total Extinguishment: By the death of the convict By Service of sentence By Amnesty By Absolute Pardon By prescription of crime By prescription of penalty By the marriage of the offended woman and the offender in the crimes of rape, abduction, seduction
and acts of lasciviousness. 344)
(Art.
Kinds of Partial Extinguishment: By Conditional Pardon By Commutation of sentence For good conduct, allowances which the culprit may earn while he is serving sentence By Parole By Probation Important: The Supreme Court ruled that reelection to public office is not one of the grounds by which criminal liability is extinguished. This is only true in administrative cases but not in criminal cases.
Total Extinguishment A. BY THE DEATH OF THE CONVICT
Extinguishes criminal liability as to personal penalties; As to pecuniary penalties, liability is extinguished only when the death of the offender occurs before final judgment. EXCEPTION: Art. 33 (based on contracts). Even if the accused dies pending appeal, the right to file a separate civil action is not lost.
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Illustration: 1. People v. Bayotas (1991) Where the offender dies before final judgment, his death extinguishes both his criminal and civil liabilities. So while a case is on appeal, the offender dies, the case on appeal will be dismissed. The offended party may file a separate civil action under the Civil Code if any other basis for recovery of civil liability exists as provided under Art 1157 Civil Code. 2. People v. Abungan (2000) The death of appellant extinguished his criminal liability. Moreover, because he died during the pendency of the appeal and before the finality of the judgment against him, his civil liability arising from the crime or delict (civil liability ex delicto) was also extinguished. It must be added, though, that his civil liability may be based on sources of obligation other than delict. For this reason, the victims may file a separate civil action against his estate, as may be warranted by law and procedural rules. B. BY SERVICE OF SENTENCE C. BY AMNESTY
An act of the sovereign power granting oblivion or general pardon for a past offense. Rarely exercised in favor of a single individual; usually extended in behalf of certain classes of persons who are subject trial but have not yet been convicted. Erases not only the conviction but also the crime itself. D. BY ABSOLUTE PARDON
An act of grace, proceeding from the power entrusted with the execution of the laws Exempts the individual from the penalty of the crime he has committed. Monsanto V. Factoran, Jr. (1989) Absolute pardon does not ipso facto entitle the convict to reinstatement to the public office forfeited by reason of his conviction. Although pardon restores his eligibility for appointment to that office, the pardoned convict must reapply for the new appointment. Difference between Amnesty and Absolute Pardon Amnesty Absolute pardon Blanket pardon to classes of persons, guilty of political offenses May still be exercised even before trial or investigation Looks backward it is as if he has committed no Includes any crime and is exercised individually The person is already convicted Looks forward he is relieved from the consequences of the offense. offense, but rights not restored unless explicitly provided by the terms of the pardon Both do not extinguish civil liability Public act which the court shall take judicial notice of Valid only when there is final judgment Private act of the President and must be pleaded and proved by the person pardoned
Valid if given either before or after final judgment Question: An offender was convicted of rebellion, but he was given amnesty. Years later, he was convicted again of rebellion. Is he a recidivist? Answer: No. Because the amnesty granted to him erased not only the conviction but also the effects of the conviction itself. Question: Suppose what was given him was not amnesty but pardon? Answer: Yes. Pardon, although absolute does not erase the effects of conviction. Pardon only excuses the convict from serving the sentence. Question: A person convicted of rebellion has already served the sentence; yet, despite of this, he was still given absolute pardon. Years later, he was again convicted of rebellion. Is he a recidivist? Answer: No. When the convict has already served the sentence such that there is no more service of sentence to be executed then the pardon shall be understood as intended to erase the effects of the conviction. Question: What if the pardon was given to him while he was serving his sentence? Answer: The pardon will not wipe out the effects of the crime, unless the language of the pardon specifically relieves him of the effects of the crime. E. BY PRESCRIPTION OF THE CRIME (Art. 90)
Definition: The forfeiture or loss of the right of the State to prosecute the offender, after the loss of a certain time. General Rule: Prescription of the crime begins on the day the crime was committed. Exception: The crime was concealed, not public, in which case, the prescription thereof would only commence from the time the offended party or the government learns of the commission of the crime.
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Difference between Prescription of Crime and Prescription of the Penalty Prescription of crime Prescription of the penalty Forfeiture of the State to prosecute after a lapse of a certain time Forfeiture to execute the final sentence after the lapse of a certain time Question: What happens when the last day of the prescriptive period falls on a Sunday or legal holiday? Answer: The information can no longer be filed on the next day as the crime has already prescribed. Prescriptive Periods of Crimes Crimes punishable by death, reclusion perpetua or reclusion temporal 20 years Afflictive penalties 15 years 10 years Correctional penalties Note: Those punishable by arresto mayor Note: When the penalty fixed law is a compound one Libel 1 year Oral defamation and slander by 5 years The highest
penalty shall be made a basis deed 6 months Simple slander 2 months Grave slander 6 months Light offenses 2 months Crimes punishable by fines Fine is afflictive Fine is correctional Fine is light Note: Subsidiary penalty for nonpayment not considered in determining the period Note: When fine is an alternative penalty higher than the other penalty which is by imprisonment, prescription of the crime is based on the fine. Computation of Prescription of Offenses (Art. 91) 15 years 10 years 2 months Commences to run from the day on which the crime is discovered by the offended party, the authorities or their agents. Interrupted by the filing of complaint or information It shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or unjustifiably stopped for any reason not imputable to the accused. Note: Termination must be FINAL as to amount to a jeopardy that would bar a subsequent prosecution. The term of prescription shall not run when the offender is absent from the Philippine archipelago. For continuing crimes, prescriptive period cannot begin to run because the crime does not end.
F. BY PRESCRIPTION OF PENALTIES (Art. 92)
Definition: The loss or forfeiture of the right of the government to execute the final sentence after the lapse of a certain time. Prescriptive Periods of Penalties Death and reclusion perpetua 20 years Other afflictive penalties 15 years 10 years Correctional penalties Note: If arresto mayor 5 years Light penalties 1 year
Period commences to run from the date when he culprit evaded the service of sentence When interrupted: Convict gives himself up Is captured Goes to a foreign country with which we have no extradition treaty Commits any crime before the expiration of the period of prescription Question: What happens in cases where our government has extradition treaty with another country but the crime is not included in the treaty? Answer: It would interrupt the running of the prescriptive period.
20
"Escape" in legal parlance and for purposes of Articles 93 and 157 of the RPC means unlawful departure of prisoner from the limits of his custody. Clearly, one who has not been committed to prison cannot be said to have escaped therefrom (Del Castillo v. Torrecampo (2002).
Computation of the Prescription of Penalties (Art. 93) Elements: 1. Penalty is imposed by final judgment 2. Convict evaded service of sentence by escaping during the term of his
sentence 3. The convict who has escaped from prison has not given himself up, or been captured, or gone to a foreign country with which we have no extradition treaty, or committed another crime 4. The penalty has prescribed because of the lapse of time from the date of the evasion of service of the sentence by the convict.
Question: What is the effect of the acceptance of the convict of a conditional pardon? Answer: It would interrupt the acceptance of the prescriptive period. Question: What happens if the culprit is captured but he evades again the service of his sentence? Answer: The period of prescription that ran during the evasion is not forfeited. The period of prescription that has run in his favor should be taken into account. G. BY MARRIAGE OF THE FFENDED WOMAN WITH THE OFFENDER This applies only to the following crimes: Rape Seduction Abduction Acts of lasciviousness The marriage under Art. 344 must be contracted in good faith Partial Extinguishment A. A. BY CONDTIONAL PARDON If delivered and accepted, it is a contract between the executive and the convict that the former will release the latter upon compliance with the condition. Example of a condition: Not to violate any of the penal laws of the country again. B. B. BY COMMUTATION OF SENTENCE C. FOR GOOD CONDUCT ALLOWANCES
The convict may earn these while he is serving his sentence. Example: Article 158. A convict who escapes the place of confinement on
the occasion of disorder resulting from a conflagration, earthquake or similar catastrophe, or during a mutiny in which he has not participated; but who returns within 48 hours after the proclamation that the calamity had passed shall be given credit of 1/5 deduction of the original sentence. Note: Not an automatic right for it has to be granted by the Director of Prisons (Art. 99). Also, he must be serving his sentence. Thus, if released because of conditional pardon, this provision is not applicable. D. BY PAROLE
Definition: The suspension of the sentence of the convict after serving the minimum term of the intermediate penalty, without being granted a pardon, prescribing the terms upon which the sentence shall be suspended. Question: What happens if the convict fails to observe the condition of the parole? Answer: The Board of Pardons and Parole is authorized to: 1. Direct his arrest and return to custody 2. To carry out his sentence without deduction of the time that has elapsed between the date of the parole and the subsequent arrest. Difference between Conditional Pardon and Parole Conditional Pardon Parole May be give at any time after final judgment; is granted by he Chief Executive under the provisions of the Administrative Code In case of violation, the convict may be prosecuted under Art. 159 of the RPC. May be given after
the prisoner has served the minimum penalty; is granted by the Board of Pardons and Parole under the provisions of the Indeterminate Sentence Law In case of violation, the convict may not be prosecuted under Art. 159 of the RPC. E. BY PROBATION Note: Please see Probation Law on page 117.
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VIII. CIVIL LIABILITY ARISING FROM A FELONY
A. IN GENERAL B. CIVIL LIABILITY IN CERTAIN CASES C. WHAT CIVIL LIABILITY INCLUDES D. EXTINCTION OF CIVIL LIABILITY A. IN GENERAL Art. 100. Civil liability of a person guilty of felony. Every person criminally liable for a felony is also civilly liable. Civil liability arises from the commission of the felony. It is determined in the criminal action except if: a. the offended party waives his right to file a civil action b. the offended party reserves his right to institute it separately, or c. the offended party institutes the civil action prior to the criminal action. Effect of ACQUITTAL: As a rule, if the offender is acquitted, the civil liability is extinguished, except: a) if the acquittal is based on reasonable doubt b) the acquittal was due to an exempting circumstance like insanity and c) when the court finds that there is only civil liability.
B. CIVIL LIABILITY IN CERTAIN CASES 1) CIVIL LIABILITY FOR ACTS COMMITTED BY AN INSANE OR IMBECILE OR MINOR UNDER 9 OR OVER 9 AND LESS THAN 15 WHO ACTED WITH DISCERNMENT 2) CIVIL LIABILITY FOR ACTS COMMITTED BY PERSONS ACTING UNDER
IRRESISTIBLE FORCE OR UNCONTROLLABE FEAR 3) CIVIL LIABILITY OF PERSONS ACTING UNDER JUSTIFYING CIRCUMSTANCES 4) CIVIL LIABILITY OF INNKEEPERS AND SIMILAR PERSONS 5) SUBSIDIARY LIABILITY OF OTHER PERSONS CIVIL LIABILITY OF PERSONS EXEMPT FROM CRIMINAL LIABILITY
Exemption from criminal liability does not include exemption from civil liability. Exceptions: 1.There is no civil liability in paragraph 4 of Art. 12 which provides for injury caused by mere accident. 2.There is no civil liability in par. 7 of Art. 12 which provides for failure to perform an act required by law when prevented by some lawful or insuperable cause. 1) CIVIL LIABILITY FOR ACTS COMMITTED BY AN INSANE OR IMBECILE OR MINOR UNDER 9 OR OVER 9 AND LESS THAN 15 WHO ACTED WITH DISCERNMENT A minor over 15 years of age who acts with discernment is not exempt from criminal liability. Parents are subsidiarily liable according to Art 2180 of the Civil Code. The final release of a child based on good conduct does not obliterate his civil liability for damages. 2) CIVIL LIABILITY FOR ACTS COMMITTED BY PERSONS ACTING UNDER IRRESISTIBLE FORCE OR UNCONTROLLABE FEAR The persons using violence or causing the fear are primarily liable. If there be no such persons, those doing the act shall be liable secondarily. 3) CIVIL LIABILITY OF PERSONS ACTING UNDER JUSTIFYING CIRCUMSTANCES There is no civil liability in justifying circumstances except in par. 4 of Art. 11
4) CIVIL LIABILITY OF INNKEEPERS AND SIMILAR PERSONS ELEMENTS OF At 102 PAR. 1: 1. That the INNKEEPER, TAVERNKEEPER OR PROPRIETOR of establishment or his employee committed a violation of municipal ordinance or some general or special police regulation. 2. That a crime is committed in such inn, tavern or establishment. 3. That the person criminally liable is insolvent. ELEMENTS OF PAR 2. 1. The guests notified in advance the innkeeper or the person representing him of the deposit of their goods within the inn or house. 2. The guest followed the directions of the innkeeper or his representative with
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respect to the care of the vigilance over such goods. 3. Such goods of the guests lodging therein were taken by robbery with force upon things or theft committed within the inn or house. No liability shall attach in case of robbery with violence against or intimidation of persons, unless committed by the innkeepers employees. It is not necessary that the effects of the guest be actually delivered to the innkeeper, it is enough that they were within the inn. 5) SUBSIDIARY LIABILITY OF OTHER PERSONS Art 103 ELEMENTS:
1. The employer, teacher, person or corporation is engaged in any kind of industry. 2. Any of their servants, pupils, workmen, apprentices or employees commits a felony while in the discharge of his duties. 3. The said employee is insolvent and has not satisfied his civil liability. No defense of diligence of a good father of a family. Supreme Court ruled that even though the guest did not obey the rules and regulations, the guests will only be regarded as contributory negligence, but it wont absolve the management from civil liability (Esguerra notes) Subsidiary civil liability is imposed in the following: 1. In case of a felony committed under the compulsion of an irresistible force. The person who employed the irresistible force is subsidiarily liable; 2. In case of a felony committed under an impulse of an equal or greater injury. The person who generated such an impulse is subsidiarily liable.
C. WHAT CIVIL LIABILITY INCLUDES Civil liability of the offender falls under three categories: 1. Restitution or Restoration 2. Reparation of the damage caused 3. Indemnification of consequential damages 1. RESTITUTION OR RESTORATION Presupposes that the offended party was divested of property, and such property must be returned. If the property is in the hands of a third party, the same shall be restored to the offended party even if third party may be a holder for value and a buyer in good faith of the property
Except when such third party buys the property from a public sale where the law protects the buyer. ILLUSTRATION: If a third party bought a property in a public auction conducted by the sheriff, the buyer of the property at such execution sale is protected by law. The offended party may only resort to reparation of the damage done from the offender. Regardless of the crime committed, if the property is illegally taken from the offended party during the commission of the crime, the court may direct the offender to restore or restitute such property to the offended party. ILLUSTRATION: Where the offender committed rape, during the rape, the offender took the earrings of the victim. The offender was prosecuted for rape and theft. The offender reasoned that he took the earrings of the victim to have a souvenir of the sexual intercourse. Supreme Court ruled that the crime committed is not theft and rape but rape and unjust vexation for the taking of the earning. The latter crime is not a crime against property but a crime against personal security and liberty under Title IX of Book II of the RPC. If there is violation of Anti-Fencing Law the fence incurs criminal liability aside from being required to restitute the personal property If RESTITUTION cannot be made then REPARATION should be made IF OFFENDER DIES provided he died after judgment became final: The heirs of offender shall assume the civil liability, but only to the extent that they inherit property from the deceased IF OFFENDED PARTY DIES: the heirs of the offended party step into the shoes of the latter to demand civil liability from the offender.
2. REPARATION OF THE DAMAGE CAUSED
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Reparation is made by requiring the offender to pay the value of damages. The court determines the amount of damages by considering: a) the price of the thing and b) Its special sentimental value to the offended party by. If property is brand new, then there will be an allowance for depreciation The damages are limited to those caused by the crime. 3. INDEMNIFICATION OF CONSEQUENTIAL DAMAGES Indemnification of consequential damages refers to the loss of earnings, loss of profits. Where DEATH results: 1. INDEMNITY: P50,000 2. Lost of Earning Capacity 3. Support to a non-heir 4. Moral damages for mental anguish 5. Exemplary damages if attended by 1 or more aggravating circumstances Indemnification for consequential damages includes: 1) those caused the injured party 2) those suffered by the family, or 3) those suffered by 3
rd
person by reason of the crime ILLUSTRATION: The offender carnapped a bridal car while the newly-weds were inside the church. Since the car was only rented, consequential damage not only to the newly-weds but also to the entity which rented the car to them.
1) Espana v. People (2005) The award for civil indemnity ex delicto is mandatory and is granted to the heirs of the victim without need of proof other than the commission of the crime. In the crime of rape, the damages awarded to the offended woman is generally P30,000.00 for the damage to her honor. The present procedural law does not allow a blanket recovery of damages. Each kind of damages must be specified and the amount duly proven. When there are several offenders, the court shall determine what shall be the share of each offender depending upon the degree of participation as principal, accomplice or accessory. If there are more than one principal or more than one accomplice or accessory, the liability in each class of offender shall be subsidiary. Anyone of them may be required to pay the civil liability pertaining to such offender without prejudice to recovery from those whose share have been paid by another. If all the principals are insolvent, the obligation shall devolve upon the accomplice(s) or accessory(s). But whoever pays shall have the right of covering the share of the obligation from those who did not pay but are civilly liable. To relate with Article 38, when there is an order or preference of pecuniary (monetary) liability, therefore, restitution is not included here. There is no subsidiary penalty for nonpayment of civil liability. 2) People vs. Tupal, 2003, Exemplary damages were awarded when the offense was committed with at least 1 aggravating circumstance.
D. EXTINCTION OF CIVIL LIABILITY
Extinguished in the same manner as other obligations in accordance with the provisions of the Civil Code. Loss of the thing due does not extinguish civil liability because if the offender cannot make restitution, he is obliged to make reparation. Unless extinguished, civil liability subsists
even if the offender has served sentence consisting of deprivation of liberty or other rights or has served the same, due to amnesty, pardon, commutation of sentence or any other reason.

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Par. 5 Fulfillment of Duty or Lawful Exercise of a Right or Office

Par. 6 Uncontrollable Fear

Par. 5 Vindication of Grave Offense

person and property, such as robbery with physical injuries or homicide.

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13), there is NO provision for aggravating circumstances of a similar or analogous character.

ART.15 Concept of Alternative Circumstances

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2. That the single acts produces

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(Art. 267 (3)) Rape with Homicide (Art. 335)

CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

REPUBLIC ACT NO. 9165

PERSONS CRIMINALLY LIABLE

Those who are liable:

II. B. PENALTIES WHICH MAY BE IMPOSED

A. Scale OF PRINCIPAL PENALTIES

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B. SCALE OF ACCESSORY PENALTIES

D. Other classifications of penalties:

III. C. SPECIFIC PRINCIPAL AND

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Penalty PenaltyPenalty Penalty Duration

to 6 years Suspension 6 months & 1 day

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VII. EXTINGUISHMENT OF CRIMINAL LIABILITY

and acts of lasciviousness. 344)

Total Extinguishment A. BY THE DEATH OF THE CONVICT

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F. BY PRESCRIPTION OF PENALTIES (Art. 92)

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2. REPARATION OF THE DAMAGE CAUSED

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D. EXTINCTION OF CIVIL LIABILITY

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