Criminal Law Notesby: Mary Ann Servano

Persons Criminally Liable for Felonies Art. 16 Who are criminally liable? Passive subject- the victim Active subject- the criminal, only natural persons because of the highly personal nature of the crime Liable for GRAVE, LESS GRAVE and LIGHT felonies: 1. Principals 2. Accomplices Liable for GRAVE and LESS GRAVE only: 3. Accessories Reason: the social wrong and individual prejudice is so small that penal sanction is not necessary, even if committed against persons and property Treble division of responsibility is based on the participation in the commission of the crime. Art. 17 Principals By induction Direct participation Indispensable cooperation 1. Those who take a direct part in the execution of the act; (by direct participation) Two or more persons by direct participation: 1. They participated in the criminal resolution; - There is conspiracy (must be established by positive and conclusive evidence) Unity of acts: a. Spontaneous agreement b. Active cooperation by all of the offenders c. Contributing by positive acts to the realization of a common criminal intent also creates joint responsibility d. Presence and lending moral support (Presumed when crime is committed by a band) e. Knowledge of the plan, and accepted the role If there is absence of conspiracy, each of the offenders is liable only for the act performed by him.

2. They carried out their plan and personally took part in its execution by acts directly intended to the same end.

2. Those who directly force or induce others to commit it; (by induction) Two ways to be a principal by induction: 1. Directly forcing a. using irresistible force b.causing uncontrollable fear 2. Directly inducing a. By giving a price/offering a reward/promise b. Using words of command *the one uttering the command must have an intention of producing the crime; *the one who made command have ascendancy/influence over the person; and *words must be so direct, so efficacious/powerful to amount physical/moral coercion *word uttered prior the commission of the crime *material execution has no personal reason to commit a crime To convict a principal by inducement: 1. Inducement made with the intention; 2. Inducement be a determining cause.

Criminal Law Notesby: Mary Ann Servano

3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. (by indispensable cooperation) Cooperate to desire/wish in common thing Requisites: a. There is either anterior conspiracy or unity of criminal purpose and intention immediately before the commission of the crime; b. Cooperation by performing another act, without which it would not have been accomplished. Art. 18 Accomplices persons who, not being included in Art. 17, cooperate in the execution of the offense by previous or simultaneous acts Quasi-collective criminal responsibility some of the offenders are principals and others are accomplices Requisites: 1. There be community of design; knowing the criminal design of the principal by direct participation, he concurs with the latter in his purpose; a. Principal informs or tells the accomplice of his criminal purpose; b. Accomplice saw the criminal acts. 2. He cooperates in the execution of the offense by previous or simultaneous acts, with intention of supplying material or moral aid in the execution of the crime in efficacious way; a. By previous acts Ex: lending a dagger/pistol b. By simultaneous acts Ex: holding the hand of the victim and tried to take away the latters revolver Rules: The one who had original criminal design is the person who committed the resulting crime. The accomplice, after concurring in the criminal purpose of the principal, cooperates. The accomplice in crimes against persons does not inflict the more or most serious wounds. 3. There is relation between acts done by principal and those attributed to the person charged as accomplice. Accomplice from Principal in general: - who does not take direct part in the commission of the act - does not induce others to commit it - does not cooperate in the commission of the crime by another act without which it would not have been accomplished - yet cooperates in previous or simultaneous acts Accomplice from principal by cooperation: - participation of the offender is necessary but not indispensable Accomplice from principal by direct participation: - both has community of criminal design - in case of doubt, resolved as an accomplice - there is no conspiracy

Criminal Law Notesby: Mary Ann Servano

Art. 19 Accessories Those who take part subsequent to its commission in any of the following manners: 1. Profiting themselves or assisting the offender; a. Profiting themselves by the effects of the crime. b. Assisting the offender to profit by the effects of the crime. (accessory should not be in conspiracy with the principal) 2. Concealing/destroying the body of the crime/the effects or instruments thereof to prevent its discovery; Ex: 1. Assisting in the burial of the victim. 2. Furnishing the means to make it appear that he deceased was armed/ making it appear that deceased ran away. 3. Harbouring, concealing, or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public functions/whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of Chief Executive, or is known to be habitually guilty of some crime. president, or is known as a habitual delinquent. Requisites: Accessory is a private person; Harbors, conceals or assist the escape of the author; and Principal committed: (a) Treason (b) Parricide (c) Murder (d) Attempt against life of the President (e) Principal is known to be a habitual delinquent Accessory distinguished from principal and from accomplice. 1. Accessory does not take part or cooperate in or induce; 2. Does not cooperate in the commission of the offense by acts either prior thereto or simultaneous therewith; 3. Participation always takes place after the commission of the crime. Art. 20 Accessories who are exempt from criminal liability. (1) (2) (3) (4) Spouse, or Ascendant, or Descendant, or Legitimate, natural or adopted brother, sister or relative by affinity within the same degree.

a. Public officers with abuse of his public functions. Requisites: Public officer; Harbors, conceals, or assists in the escape; Acts with abuse of his functions; and Crime committed is any crime, provided it is not a light felony. b. Author of the crime is guilty of treason, parricide, murder or an attempt against life of the

Ground for exemption -> blood ties and preservation of the cleanliness of ones name Penalty the suffering that is inflicted by the State for the transgression of a law Judicial conditions of Penalty: 1. Productive of suffering 2. Commensurate 3. Personal 4. Legal 5. Certain 6. Equal

Criminal Law Notesby: Mary Ann Servano

7. Correctional Theories justifying penalty: a. Prevention b. Self-defense c. Reformation d. Exemplarity e. Justice Purpose of penalty under this code: (a) Retribution/expiation (b) Correctional/reformation (c) Social defense Art. 21 Penalties that may be imposed. No Felony shall be punishable by any penalty not prescribed by law prior to its commission. (Applies only to act /omissions without penalty prescribed by law) Art. 22 Retroactive effect of penal laws. Applicable only when favorable to the accused(not a habitual delinquent) Necessarily relate to: 1. Penal laws existing prior to the RPC, in which penalty was less severe than those of the Code; 2. Laws enacted subsequent to the RPC, which the penalty is favourable to the accused. Favorable retroactive effect of a new law may find the defendant in one of these 3 situations: 1. Crime has been committed and prosecution begins; 2. Sentence has been passed but service has not begun; 3. Sentence is being carried out. Not applicable to Civil Liabilities. Criminal liability under the repealed law subsists when: 1. Re-enacted 2. Implied 3. Has saving-clause Art. 23 Effect of pardon by the offended party. Pardon not extinguishing criminal liability except: provided in Art. 334 of RPC a. Crimes of adultery and concubinage b. Seduction c. Rape d. Acts of lasciviousness (Pardon must be made before the institution of criminal offense) Civil liability can be extinguished through: express waiver (MUST be express) Art. 24 Measures of prevention or safety which are not considered penalties. 1. Arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital. 2. Commitment of a minor to any of the institutions mentioned in art. 80 and for purposes specified therein. 3. Suspension from the employment of public office during the trial or in order to institute proceedings. 4. Fines and other corrective measures which, in the exercise of their administrative or disciplinary powers, superior officials may impose upon their subordinates. 5. Deprivation of rights and the reparations which the civil law may establish in penal form. Ex. Parental authority

Criminal Law Notesby: Mary Ann Servano

Art. 25 Penalties which may be imposed. SCALE PRINCIPAL PENALTIES Capital Punishment: Death Afflictive Penalties: Reclusion Perpetua - Imprisonment for at least 30 years Reclusion Temporal Perpetual or temporary absolute disqualification Perpetual or temporary special disqualification Prision mayor Correctional Penalties: Prision Correctional Arresto Mayor Suspension Destierro Light Penalties: Arresto Menor Public Censure Penalties common to the three preceding classes: Fine, and Bond to keep the peace. ACCESSORY PENALTIES Perpetual or temporary absolute disqualification Perpetual or temporary special disqualification Suspension from public office, the right to vote and to be voted for, the profession or calling Civil interdiction Indemnification Forfeiture or confiscation of instruments and proceeds of the offense Payment of cost Penalties classified into: 1. Principal Penalties those expressly imposed by the court in the judgement of conviction. According to divisibility: a. Divisible those that have fixed duration b. Indivisible no fixed duration Death Reclusion perpetua Perpetual absolute or special disqualification Public censure

2. Accessory penalties deemed included in the imposition of the principal penalties. Penalties Classified according to: Subject Matter a. Corporal (death) b. Deprivation of Freedom (reclusion, prision, arresto) c. Restriction of freedom (Destierro) d. Deprivation of rights (disqualification and suspension) e. Pecuniary (fine) Gravity a. b. c. d.

Capital Afflictive Correctional Light

Art. 26 Fine When afflictive, correctional, or light penalty. Fine and Bond to keep the peace: 1. Afflictive over 6,000.00 php. 2. Correctional 200.00 to 6,000.00 php. 3. Light Penalty less than 200.00 php.

Criminal Law Notesby: Mary Ann Servano

Art. 27 Duration of Penalties. 1. Reclusion Perpetua 20 yrs. and 1 day to 40 yrs. 2. Reclusion Temporal 12 yrs. and 1 day to 20 yrs. 3. Prision Mayor and Temporary disqualification 6 yrs. and 1 day to 12 yrs. except: disqualification is accessory penalty, duration is that of principal penalty. 4. Prision Correctional, suspension, and Destierro 6 mos. And 1 day to 6 yrs. except: suspension is an accessory. 5. Arresto Mayor 1 mo. And 1 day to 6 mos. 6. Arresto Menor 1 day to 30 days. 7. Bond to keep the peace the period during which the bond shall be effective is discretionary on court. Destierro imposed in the following: a. Serious physical injuries or death under exceptional circumstances b. In case of failure to give bond for good behaviour. c. As penalty for concubine in concubinage d. In cases where after reducing the penalty by one or more degrees Art. 28 Computation of Penalties. Rules: When offender is in prison duration of temporary penalties is from the day on which the judgement of conviction becomes final When offender is not in prison duration of penalty consisting in deprivation of liberty, is from the day that the offender is placed at the disposal of judicial authorities for the enforcement of the penalty. The duration of other penalties the duration is from the day on which the offender commences to serve his sentence.

Temporary Penalties: (1) Temporary absolute disqualification (2) Temporary disqualification (3) Suspension Penalties of deprivation of Liberty: (1) Imprisonment (2) Destierro Art. 29 Period of preventive imprisonment deducted from term of imprisonment. GR: Offenders or accused who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment if the detention of the prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners. ER: 1. When they are recidivists, or have been convicted previously twice or more times of any crime; 2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily. Effects: the detention prisoner shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment *If the accused agrees: Preventive imprisonment service of sentence *If accused does not agree and falls to the exemptions: 4/5 Preventive imprisonment service of sentence If accused has undergone preventive imprisonment for a period of equal to or more that the possible maximum imprisonment of

Criminal Law Notesby: Mary Ann Servano

the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately without prejudice to the continuation of the trial.