Criminal law branch or division of law which defines crimes, treats of their nature and provides for their

r punishment.
Crime- an act committed or omitted in violation of a public law forbidding or commanding it.

Sources of Philippine Criminal Law

a.
b.
c.

The Revised Penal Code and its amendments.

Special Penal Laws passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, the
Congress of the Philippines, and the Batasang Pambansa.
Penal Presidential Decrees issued during Martial Law.

Ex post facto law is one which:

a.
b.
c.
d.
e.
f.

Makes criminal an act done before the passage of the law and which was innocent when done and punishes such an act;
Aggravates a crime or makes it greater than it was, when committed;
Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed;
Alters the legal rules of evidence and authorizes conviction upon less or different testimony than the law required at the
time of the commission of the offense;
Assumes to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for something which
when done was lawful; and
Deprives a person accused of a crime some lawful protection to which he has become entitled, such as the protection of a
former conviction or acquittal or a proclamation of amnesty.

Bill of Attainder a legislative act which inflicts punishment without trial. Its essence is the substitution of a legislative act for a
judicial determination of guilt.

Characteristics of Criminal Law:

a.
b.
c.

General It is that Criminal law is binding on all persons who live or sojourn in Philippine territory.
Territorial IT is that Criminal laws undertake to punish crimes committed within Philippine territory.
Prospective It is that a penal law cannot make an act punishable in a manner in which it was not punishable when
committed.

Exceptions to the prospective application of criminal laws:

a.
b.

Where the new law is expressly made inapplicable to pending actions or existing causes of action.
Where the offender is a habitual criminal under Rule 5, Article 62, Revised Penal Code.

Different effects of repeal on penal law:

a.
b.
c.

If the repeal makes the penalty lighter in the new law, the new law shall be applied, except when the offender is a habitual
delinquent or when the new law is made not applicable to pending action or existing causes of action.
If the new law imposes a heavier penalty, the law in force at the time of the commission of the offense shall be applied.
If the new law totally repeals the existing law so that the act which was penalized under the old law is no longer punishable,
the crime is obliterated.

Article 1. Time when Act takes effect. This Code shall take effect on the first day of January, nineteen hundred and
thirty-two

Two theories of Criminal Law.

Classical Theory Characteristics:
Classical theory- The basis of criminal liability is human free will and the purpose of the penalty is retribution.
- That man is essentially a moral creature with an absolutely free will to choose between good and evil, thereby placing more stress
upon the effect or result of the felonious act than upon the man, the criminal himself.
- It has endeavored to establish a mechanical and direct proportion between crime and penalty.
- There is a scant regard to the human element

Positive theory- That man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong, in
spite of or contrary to his volition.
- That crime is essentially a social and natural phenomenon and as such, it cannot be treated and checked by the application of
abstract principles of law and jurisprudence nor by the imposition of a punishment, fixed and determined a priori; but rather through
the enforcement of individual measures in each particular case after a thorough, personal and individual investigation conducted by a
competent body of psychiatrists and social scientists.

Art. 2. Application of its provisions. Except as provided in the treaties and laws of preferential application, the
provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its
interior waters and maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by
the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations and securities
mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of
this Code.

Two rules as to jurisdiction over crimes committed aboard merchant vessels while in the territorial waters of another
country.
French Rule- Such crimes are not triable in the courts of that country, unless their commission affects the peace and security of the
territory or the safety of the state is endangered.
English Rule- Such crimes are triable in that country, unless they merely affect things within the vessel or they refer to the internal
management thereof.

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.

Felony- are acts and omissions punishable

Elements of felonies:
a.
b.
c.

That there must be an act or omission

That the act or omission must be punishable by the Revised Penal Code
That the act is performed or the omission incurred by means of dolo or culpa.

Act- any bodily movement tending to produce some effect in the external world, it being unnecessary that the same be actually
produced, as the possibility of its production is sufficient.
Omission- inaction, the failure to perform a positive duty which one is bound to do.
Classification of felonies according to the means by which they are committed:
1.Intentional felonies
2. Culpable felonies
Distinguish Intentional and culpable felonies
In International felonies, the act or omission of the offender is malicious. In the language of Article 3, the act is performed with
deliberate intent. The offender, in performing the act or in incurring the omission, has the intention to cause an injury to another. On
the other hand, in culpable felonies, the act or omission of the offender is not malicious. The injury caused by the offender to another
person is unintentional, it being simply the incident of another act performed without malice. As stated in Article 3, the wrongful act
results from imprudence, negligence, lack of foresight or lack of skill.
Dolo- Equivalent to malice, which is the intent to do an injury to another.

Imprudence A deficiency of action. It usually involves lack of skill. Example: If a person fails to take the necessary precaution to
avoid injury to person or damage to property.
Negligence- a deficiency of perception. It usually involves lack of foresight. Example: If a person fails to pay proper attention and
to use due diligence in foreseeing the injury or damage impending to be caused.
Three Reasons why the act or omission in felonies must be voluntary:
a.
b.
c.

The Revised Penal Code continues to be based on the Classical Theory, according to which the basis of criminal liability is
free will.
Acts or omissions punished by law are always deemed voluntary since man is a rational being. One must prove that his case
falls under Art. 12 to show that his act or omission is not voluntary.
In felonies by dolo, the act is performed with deliberate intent which must necessarily be voluntarily, but without malice,
doing or failing to do an act from which material injury results.

Requisites of dolo or malice:

a.
b.
c.

He must have FREEDOM while doing an act or omitting to do an act;

He must have INTELLIGENCE while doing the act or omitting to do the act;
He must have INTENT while doing the act or omitting to do the act.

Freedom- When a person acts without freedom, he is no longer a human being but a tool; his liability is as much as that of the knife
that wounds, or of the torch that sets fire, or of the key that opens a door, or of the ladder that is placed against the wall of a house
in committing robbery.
Intelligence- Without this power, necessary to determine the morality of human acts, no crime can exist.
Intent- Intent to commit the act with malice, being purely a mental process, is presumed and the presumption arises from the proof
of the commission of an unlawful act.

Mistake of fact- a misapprehension of fact on the part of the person who caused injury to another. He is not criminally liable
because he did not act with criminal intent.
Requisites of mistake of fact as a defense:
a.
b.
c.

That the act done would have been lawful had the facts been as the accused believed them to be;
That the intention of the accused in performing the act should be lawful; and
That the mistake must be without fault or carelessness on the part of the accused.

Actus non facit reum nisi mens sit rea The act itself does not make a man guilty unless his intention were so.
Actus me invite factus non est meus actus- an act done by me against my will is not my act.

Requisites of culpa (culpable felony):

a.
b.
c.

He must have FREEDOM while doing an act or omitting to do an act;

He must have INTELLIGENCE while doing the act or omitting to do the act;
He is IMPRUDENT, NEGLIGENT or LACKS FORESIGHT or SKILL while doing the act or omitting to do the act.

Three classes of crime:

1.
2.
3.

Intentional felonies
Culpable felonies
Those defined and penalized by special laws which include crimes punished by municipal or city ordinances.

Mala in se and Mala prohibita distinguished:

1. Crimes mala in se are those so serious in their effects on society as to call for almost unanimous condemnation of its members.
On the other hand, crimes mala prohibita are violations of mere rules of convenience designed to secure a more orderly regulation of
the affairs of society.
2. In acts mala in se, the intent governs. In mala prohibita, the only inquiry is has the law been violated.
3. Mala in se refers generally to felonies defined and penalized by the Revised Penal Code. When the acts are inherently immoral,
they are mala in se even if punished by special laws.
4. Mala prohibita refers generally to acts made criminal by special laws.

Intent and Motive distinguished:

Motive is the moving power which impels one to action for a definite result. Intent is the purpose to use a particular means to effect
such result.
Motive is not an essential element of a crime, hence, need not be proved for purposes of conviction.

Art. 4. Criminal liability. Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended.
2. By any person performing an act which would be an offense against persons or property, were it not for the inherent
impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means

Error in personae- There is a mistake in the identity of the victim.

Aberratio ictus There is a mistake in the blow.
Praeter intentionem- The injurious result is greater than that intended.
Requisites if paragraph 1 of Article 4 (B any person committing a felony although the wrongful act done be different
from that which he intended):
a.
b.

That an intentional felony has been committed; and

That the wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed by the
offender.

Proximate cause- that cause which in natural and continuous sequence, unbroken by any efficient intervening cause, produces the
injury and without which the result would not have occurred.
Proximate legal cause is that acting first and producing the injury, either immediately, or by setting other events in motion, all
constituting a natural and continuous chain of events, each having a close causal connection with its immediate predecessor.
The felony committed is not the proximate cause of the resulting injury when:
a.
b.

There is an active force that intervened between the felony committed and the resulting injury and the active force is a
distinct act or fact absolutely foreign from the felonious act of the accused; or
The resulting injury is due to the intentional act of the victim.

Efficient Intervening cause- Something absolutely foreign and totally unexpected which intervened and which break the relation
of cause and effect between the original felonious act and the result.
Impossible crime- A crime committed by a person who performs and act which would be an offense against the person or
property, were it not for the inherent impossibility of its accomplishment or on the account of the employment of inadequate or
ineffectual means.
Requisites of paragraph 1 of Article 4:
a.
b.

That an intentional felony has been committed; and

That the wrong done to the aggrieved party be the direct; natural and logical consequence of the felony committed by the
offender.

Felony committed is not the proximate cause of the resulting injury when:
a.
b.

There is an active force that intervened between the felony committed and the resulting injury, and the active force is a
distinct act or fact absolutely foreign from the felonious act of the accused; or
The resulting injury is due to the intentional act of the victim.

Requisites of Impossible crime (Article 4, 2nd paragraph):

a.
b.
c.

That the act performed would be an offense against persons or property.

That the act was done with evil intent.
That its accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual.

When death is presumed to be the natural consequence of physical injuries inflicted:

a. That the victim at the time the physical injuries were inflicted was in normal health.
b. That death may be expected from the physical injuries inflicted.
c. That death ensued within a reasonable time.

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. Whenever a court has knowledge of any act which it may deem proper to repress and
which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the
Department of Justice, the reasons which induce the court to believe that said act should be made the subject of
legislation.
In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such statement as
may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions
of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice
and the injury caused by the offense.

Nullum crimen, nulla poena sine lege there is no crime if there is no law that punishes the act

Art. 6. Consummated, frustrated, and attempted felonies. Consummated felonies as well as those which are
frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is
frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but
which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.
There is an attempt when the offender commences the commission of a felony directly or over acts, and does not
perform all the acts of execution which should produce the felony by reason of some cause or accident other than this
own spontaneous desistance.

Consummated felony All the elements necessary for its execution and accomplishment are present.
Frustrated felony When the offender performs all the acts of execution which would produce the felony as a consequence but
which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.
Attempted felony- When the offender commences the commission of a felony directly by overt acts and does not perform all the
acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.

Stages of development of crime:

1.
2.

Internal acts mere ideas in the mind of a person are not punishable even if had they been carried out, they would
constitute a crime.
External acts cover (a) preparatory acts; and (b) acts of execution.

Stages of acts of execution:

Attempted, frustrated and consummated.
First stage of the acts of execution of a felony is attempted; the second stage, the frustrated; and the last stage, the consummated.
Requisites of attempted felony:
a.
b.
c.
d.

The offender commences the commission of the felony directly by overt acts;
He does not perform all the acts of execution which should produce the felony;
The offenders act is not stopped by his own spontaneous desistance;
The non-performance of all acts of execution was due to cause or accident other than his spontaneous desistance.

When is the commission of a felony deemed commenced by overt acts:

a.
b.

That there be external acts

Such external acts have direct connection with the crime intended to be committed

Distinguish attempted stage from frustrated stage:

In attempted stage, the offender has not performed all the acts of execution which would produce the felony as a consequence. In
frustrated stage, the offender has performed all the acts of execution which would produce the felony as a consequence.
Overt act some physical activity or deed indicating the intention to commit a particular crime more than a mere planning or
preparation which if carried to its complete termination following its natural course, without being frustrated by external obstacles
nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense.
Indeterminate offense- one where the purpose of the offender in performing an act is not certain. Its nature in relation to its
objective is ambiguous.
Subjective phase of the offense that portion of the acts constituting the crime starting from the point where the offender begins
the commission of the crime to that point where he has still control over his acts, including their (acts) natural course.

Elements of frustrated felony:

a.
b.
c.
d.

The offender performs all acts of execution;

All the acts performed would produce the felony as a consequence;
But the felony is not produced;
By reason of causes independent of the will of the perpetrator

Distinguish frustrated felony from attempted felony:

a.
b.

c.

In both, the offender has not accomplished his criminal purpose.

While in frustrated felony, the offender has performed all the acts of execution which would produce the felony as a
consequence. In attempted felony, the offender merely commences the commission of a felony directly by overt acts and
does not perform all the acts of execution.
In frustrated felony, the offender has reached the objective phase. In attempted felony, the offender has not passed the
subjective phase.

Distinguish Attempted or frustrated felony from impossible crime:

a.
b.
c.

In attempted or frustrated felony and impossible crime, the evil intent of the offender is not accomplished.
In impossible crime, the evil intent of the offender cannot be accomplished. In attempted or frustrated felony, the evil intent
of the offender is possible of accomplishment.
In impossible crime, the evil intent of the offender cannot be accomplished because it is inherently impossible of
accomplishment or because the means employed by the offender is inadequate or ineffectual. In attempted or frustrated
felony, what prevented its accomplishment is the intervention of certain cause or accident in which the offender had no part.

How to determine whether the felony is only attempted or frustrated or it is consummated:

a.
b.
c.

The nature of the offense;

The elements constituting the felony; and
The manner of committing the same must be considered.

Manner of committing the crime:

a.
b.
c.
d.
e.

Formal crimes
Crimes consummated by mere attempt or proposal or by overt act
Felony by omission
Crimes requiring the intervention of two persons to commit them are consummated by mere agreement
Material crimes

Art. 7. When light felonies are punishable. Light felonies are punishable only when they have been consummated,
with the exception of those committed against persons or property.

Light felonies- are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200
pesos or both, is provided
The light felonies punished by the Revised Penal Code:
1.
2.
3.
4.
5.

Slight physical injuries (Art. 266)

Theft (Art. 309, pars. 7 and 8)
Alteration of boundary marks (Art. 313)
Malicious mischief (Art. 328, par. 3, Art. 329, par. 3)
Intriguing against honor (Art. 364)

Art. 8. Conspiracy and proposal to commit felony. Conspiracy and proposal to commit felony are punishable only in
the cases in which the law specially provides a penalty therefor.
A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and
decide to commit it.
There is proposal when the person who has decided to commit a felony proposes its execution to some other person or
persons.

Laws in the Revised Penal Code which specially provides a penalty for mere conspiracy:
1.
2.
3.

Art. 115 (Conspiracy to commit treason)

Art. 136 (Conspiracy to commit coup detat, rebellion or insurrection
Art. 141 (Conspiracy to commit sedition)

Requisites of conspiracy:
1.
2.
3.

That two or more persons came to an agreement;

That the agreement concerned the commission of a felony;
That the execution of the felony de decided upon.

Laws in the Revised Penal Code which specially provides a penalty for mere proposal:
1.
2.

Art. 115 (proposal to commit treason)

Art. 136 (proposal to commit coup dtat rebellion or insurrection

Requisites of proposal:
1.
2.

That a person has decided to commit a felony; and

That he proposes its execution to some other person or persons

There is no criminal proposal when:

1.
2.
3.

The person who proposes is not determined to commit the felony.

There is no decided, concrete and formal proposal.
It is not the execution of a felony that is proposed.

Article 9. Grave felonies, less grave felonies and light felonies. - Grave felonies are those to which the law attaches the
capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of this Code.
Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in
accordance with the above-mentioned Art..
Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not
exceeding 200 pesos or both; is provided.

Afflictive penalties in accordance with Article 25 of the Revised Penal Code:

1.
2.
3.
4.
5.

Reclusion perpetua.
Reclusion temporal.
Perpetual or temporary absolute disqualification.
Perpetual or temporary special disqualification.
Prision mayor.

The following are correctional penalties:

1.
2.
3.
4.

Prision correctional.
Arresto mayor.
Suspension.
Destierro

Article 10. Offenses not subject to the provisions of this Code. - Offenses which are or in the future may be punishable
under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless
the latter should specially provide the contrary.

Meaning of the word supplementary- supplying what is lacking; additional.

Article 11. Justifying circumstances. - The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means employed to prevent or repel it.
Third. Lack of sufficient provocation on the part of the person defending himself.
2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate,
natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity
within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding

circumstance are present, and the further requisite, in case the revocation was given by the person attacked,
that the one making defense had no part therein.
3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second
requisites mentioned in the first circumstance of this Article are present and that the person defending be not
induced by revenge, resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury, does an act which causes damage to another, provided
that the following requisites are present;
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.
6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.

Imputability- the quality by which an act may be ascribed to a person as its author or owner. It implies that the act committed has
been freely and consciously done and may, therefore, be put down to the doer as his own.
Responsibility- the obligation of suffering the consequences of the crime. It is the obligation of taking the penal and civil
consequences of the crime.
Imputability distinguished from responsibility:
While imputability implies that a deed may be imputed to a person.
consequence of such a deed.

Responsibility implies that the person must take the

Guilt- an element of responsibility, for a man cannot be made to answer for the consequences of a crime unless he is guilty.
Justifying circumstances- those where the act of a person is said to be in accordance with law, so that such person is deemed not
to have transgressed the law and is free from both criminal and civil liability.
Basis of justifying circumstance- The law recognizes the non-existence of a crime by expressly stating in the opening sentence
of Article 11 that the persons therein mentioned do not incur any criminal liability.
Rights included in self-defense:
Self-defense includes not only the defense of the person or body of the one assaulted but also that of his rights that is, those rights
of the enjoyment of which is protected by law.
Reason why penal law makes self-defense lawful:
Reason is it would be quite impossible for the State in all cases to prevent aggression upon its citizens and even foreigners and offer
protection to the person unjustly attacked. On the other hand, it cannot be conceived that a person should succumb to an unlawful
aggression without offering any resistance.
Requisites of self-defense:
1.
2.
3.

Unlawful aggression;
Reasonable necessity of the means employed to prevent or repel it; and
Lack of sufficient provocation on the part of the person defending himself.

Why Unlawful aggression is an indispensable requisite:

There can be no self-defense, complete or incomplete, unless the victim has committed an unlawful aggression against the person
defending himself. If there is no unlawful aggression, there is nothing to prevent or repel.
Two kinds of aggression:
1.
2.

Lawful and
Unlawful

Meaning of unlawful aggression:

Unlawful aggression is equivalent to assault or at least threatened assault of an immediate and imminent kind. There is unlawful
aggression when the peril to ones life, limb or right is either actual or imminent. There must be actual physical force or actual use of
weapon. It presupposes an actual, sudden and unexpected attack, or imminent danger thereof, and not merely a threatening or
intimidating attitude. It refers to an attack that has actually broken out or materialized or at the very least is clearly imminent; it
cannot consist in oral threats or a merely threatening stance or posture.
Peril to ones life that the danger must be present, that is, actually in existence.

Imminent- that the danger is on the point of happening. Its is not required that the attack already begins, for it may be too late.
Peril to ones limb When a person is attacked, he is imminent danger of death or bodily harm.
Reason why Retaliation is not a self defense:
In retaliation, the aggression that was begun by the injured party already ceased to exist when the accused attacked him. In selfdefense, the aggression was still existing when the aggressor was injured or disabled by the person making a defense.
Example of retaliation and self-defense:
A person had inflicted slight physical injuries on another, without the intention to inflict other injuries, and the latter attacked the
former, the one making the attack was an unlawful aggression. The attack was a retaliation.
Where a person is about to strike another with fist blows and the latter, to prevent or repel the blows, stabs the former with a knife,
the act of striking with fist blows is an aggression and the latter, to prevent or repel the blows, stabs the former with a knife. The act
of striking with fist blows is an unlawful aggression which may justify the use of the knife. If the knife is a reasonable means, there is
self-defense.
Meaning and reason for stand ground rule:
Where the accused is where he has the right to be, the law does not require him to retreat when his assailant is rapidly advancing
upon him with a deadly weapon. The reason for the rule is that if one flees from an aggressor, he runs the risk of being attacked in
the back by the aggressor.
Examples of threats to inflict real injury:
1.
2.
3.

When one aims a revolver at another with the intention of shooting him.
The act of a person in retreating two steps and placing his hand in his pocket with a motion indicating his purpose to
commit an assault with a weapon.
The act of opening a knife and making a motion as if to make an attack.

Meaning of the Second Requisite of Defense of Person or Right: Reasonable necessity of the means employed to
prevent or repel it:
1.
2.

There be a necessity of the course of action taken by the person making a defense;
There be necessity of the means used. Both must be reasonable.

and

The test of reasonableness of the means used:

Whether the means employed is reasonable will depend upon the nature and quality of the weapon used by the aggressor, his
physical condition, character, size and other circumstances, and those of the person defending himself, and also the place and
occasion of the assault.
Perfect equality between the weapon used by the one defending himself and that of the aggressor is not required because the person
assaulted does not have sufficient tranquility of mind to think to calculate and to choose which weapon to use.
Reasonable necessity of the means employed does not imply material commensurability between the means of attack and defense.
What the law requires is rational equivalence, in the consideration of which will enter as principal factors the emergency, the
imminent danger to which the person attacked is exposed, and the instinct, more than reason, that moves or impels the defense,
and the proportionateness thereof does not depend upon the harm done, but rests upon the imminent danger of such injury.
Cases in which third requisite of self-defense considered present:
1.
2.
3.
4.

When no provocation at all was given to the aggressor by the person defending himself; or
When even if a provocation was given, it was not sufficient; or
When even if the provocation was sufficient, it was not given by the person defending himself; or
When even if a provocation was given by the person defending himself, it was not proximate and immediate to the act of
aggression.

How to determine the sufficiency of provocation:

The provocation must be sufficient, which means that it should be proportionate to the act of aggression and adequate to stir the
aggressor to its commission.
Battered Woman Syndrome- a woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in
order to coerce her to do something he wants her to do without concern for her rights. Battered women include wives or women in
any form of intimate relationship with men.
The battered woman syndrome is characterized by the cycle of violence which has 3 phases:
1.
2.
3.

The tension-building phase;

The acute battering incident;
The tranquil, loving phase

and

During the tension building phase, minor battering occurs. It could be verbal or slight physical abuse or another form of hostile
behavior. The woman usually tries to pacify the batterer through a show of kind, nurturing behavior or by simply staying out of his
way. What actually happens is that she allows herself to be abused in ways that to her, are comparatively minor. All she wants is to

prevent the escalation of the violence exhibited by the batterer. This wish, however, proves to be double-edged, because her
"placatory" and passive behavior legitimizes his belief that he has the right to abuse her in the first place. However, the techniques
adopted by the woman in her effort to placate him are not usually successful, and the verbal and/or physical abuse worsens. Each
partner senses the imminent loss of control and the growing tension and despair. Exhausted from the persistent stress, the battered
woman soon withdraws emotionally. But the more she becomes emotionally unavailable, the more the batterer becomes angry,
oppressive and abusive. Often, at some unpredictable point, the violence "spirals out of control" and leads to an acute battering
incident.
The acute battering incident is said to be characterized by brutality, destructiveness and, sometimes, death. The battered woman
deems this incident as unpredictable, yet also inevitable. During this phase, she has no control; only the batterer may put an end to
the violence. Its nature can be as unpredictable as the time of its explosion, and so are his reasons for ending it. The battered
woman usually realizes that she cannot reason with him, and that resistance would only exacerbate her condition. At this stage, she
has a sense of detachment from the attack and the terrible pain, although she may later clearly remember every detail. Her apparent
passivity in the face of acute violence may be rationalized thus: the batterer is almost always much stronger physically, and she
knows from her past painful experience that it is futile to fight back. Acute battering incidents are often very savage and out of
control, such that innocent bystanders or intervenors are likely to get hurt.
The final phase of the cycle of violence begins when the acute battering incident ends. During this tranquil period, the couple
experience profound relief. On the one hand, the batterer may show a tender and nurturing behavior towards his partner. He knows
that he has been viciously cruel and tries to make up for it, begging for her forgiveness and promising never to beat her again. On
the other hand, the battered woman also tries to convince herself that the battery will never happen again; that her partner will
change for the better; and that this "good, gentle and caring man" is the real person whom she loves. A battered woman usually
believes that she is the sole anchor of the emotional stability of the batterer. Sensing his isolation and despair, she feels responsible
for his well-being. The truth, though, is that the chances of his reforming, or seeking or receiving professional help, are very slim,
especially if she remains with him. Generally, only after she leaves him does he seek professional help as a way of getting her back.
Yet, it is in this phase of remorseful reconciliation that she is most thoroughly tormented psychologically. The illusion of absolute
interdependency is well-entrenched in a battered woman's psyche. In this phase, she and her batterer are indeed emotionally
dependent on each other, she for his nurturant behavior, he for her forgiveness. Underneath this miserable cycle of "tension,
violence and forgiveness," each partner may believe that it is better to die than to be separated. Neither one may really feel
independent, capable of functioning without the other.
Relatives that can be defended (Art. 11 par. 2 Revised Penal Code):
1.
2.
3.
4.
5.

Spouse.
Ascendants.
Descendants.
Legitimate, natural or adopted brothers and sisters, or relatives by affinity in the same degrees.
Relatives by consanguinity within the fourth civil degree.

Requisites of defense of relatives:

1.
2.
3.

Unlawful aggression;
Reasonable necessity of the means employed to prevent or repel it; and
In case the provocation was given by the person attacked the one making a defense had no part therein.

Examples of defense of relatives:

1.
2.

The accused, at the distance of about 20 brazas from his house, heard his wife shouting for help. He rushed to the house
and once inside saw the deceased on top of his wife. He drew his bolo and hacked the deceased at the base of his neck
when the latter was forcible abusing his wife.
Domingo Rivera challenged the deceased to prove who of them was the better man. When the deceased picked up a bolo
and went after him, Domingo Rivera took to flight. The deceased pursued him and upon overtaking him, inflicted two
wounds. Antonio Rivera, father of Domingo, rushed to his sons assistance and struck with a cane the bolo from the hand of
the deceased. Domingo Rivera inflicted fatal wounds upon the deceased, While the son was originally at fault for giving
provocation to the deceased, yet the father was justified in disarming the deceased having acted in lawful defense of his
son. But Domingo Rivera was declared guilty of the crime of homicide.

Requisites of Defense of Stranger (Art. 11 par. 3 Revised Penal Code):

1.
2.
3.

Unlawful aggression;
Reasonable necessity of the means employed to prevent or repel it; and
The person defending be not induced by revenge, resentment or other evil motive.

Requirement of third requisite of defense of stranger:

It must be actuated by a disinterested or generous motive, when it put down revenge, resentment or other evil motive as
illegitimate.
Doctrine of self-help under Article 429 of the Civil Code applicable in Criminal Law:
Art. 429 states:
The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this
purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical
invasion or usurpation of his property. (n)
An owner or lawful possessor of a thing has the right to employ reasonable force to repel or prevent an actual or threatened unlawful
physical invasion of his property. Art. 429 of the Civil Code lays down what is called in juridical science as the doctrine of self-help.
Art. 11 par. 5 justifies the act of the owner or lawful possessor of a thing in using such force as is reasonably necessary for the
protection of his proprietary or possessory rights.

Requisites of Art. 11 par. 6 Revised Penal Code:

1.
2.
3.

That an order has been issued by a superior

That such order must be for some lawful purpose.
That the means used by the subordinate to carry out said order is lawful.

Exempting circumstances (non-imputability)- are those 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.
Under the Revised Penal Code, a person must act with malice or intelligence to be criminally liable. One who acts without
intelligence, freedom of action or intent does not act with malice. On the other hand, one who acts without intelligence, freedom of
action or fault does not act with negligence.

Article 12. Circumstances which exempt from criminal liability. - the following are exempt from criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the
court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted,
which he shall not be permitted to leave without first obtaining the permission of the same court.
2. A person under fifteen years of age.
3. 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.
4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without
fault or intention of causing it.
5. Any person who act under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act required by law, when prevented by some lawful or insuperable
cause.

Imbecility distinguished from insanity:

While the imbecile is exempt in all cases from criminal liability, the insane is not exempt if it can be shows that he acted during a
lucid interval.
During lucid interval, the insane acts with intelligence.
Imbecile- one who, while advanced in age, has a mental development comparable to that of children between two and seven years
of age.
Imbecile within the meaning of Article 12- one who is deprived completely of reason or discernment and freedom of the will at
the time of committing the crime.
Insanity at the time of the commission of the felony distinguished from insanity at the time of the trial:
When a person was insane at the time of the commission of the felony, he is exempt from criminal liability.
When he was sane at the time of the commission of the crime, but he becomes insane at the time of the trial, he is liable criminally.
The trial, however, will be suspended until the mental capacity of the accused be restored to afford him a fair trial.
Schizophrenia- a chronic mental disorder characterized by inability to distinguish between fantasy and reality and often
accompanied by hallucinations and delusions.

Periods of criminal responsibility:

1.
2.
3.
4.

The age
The age
The age
The age
age.

of
of
of
of

absolute irresponsibility 15 years and below (infancy).

conditional responsibility 15 years and 1 day to 18 years.
full responsibility 18 years or over (adolescence) to 70 (maturity).
mitigated responsibility 15 years and 1 day to 18 years, the offender acting with discernment; over 70 years of

Senility, which is age over 70 years, although said to be the second childhood, is only a mitigated responsibility. It cannot be
considered as similar to infancy which is exempting.
Discernment the capacity of the child at the time of the commission of the offense to understand the differences between right
and wrong and the consequences of the wrongful act.
Determination of discernment:
The determination of discernment shall take into account the ability of a child to understand the moral and psychological components
of criminal responsibility and the consequences of the wrongful act; and whether a child can be held responsible for essentially
antisocial behavior.
Discernment and intent distinguished:
While both are products of the mental processes within a person, intent refers to the desired act of the person while discernment
relates to the moral significance that a person ascribes to the said act.
Discernment may be shown by:
1. The manner the crime was committed:
Example: When the minor committed the crime during nighttime to avoid detection or took the loot to another town to avoid
discovery, he manifested discernment.
2. Conduct of offender:
Example: The accused, 11 years old shot the offended party, who had caught him shooting at the latters mango fruits, with a
slingshot hitting the latter in one of his eyes, and after having done so said: Putang ina mo, mabuti matikman mo. The first part of
the remark clearly manifested the perverted character of the accused and the second part reflected his satisfaction and elation upon
the accomplishment of his criminal act. These facts indicate discernment on the part of the minor.
Determination of the age of the child:
1.

The best evidence to prove the age of a child is an original or certified true copy of the certificate of live birth;

2.

In the absence of a certificate of live birth, similar authentic documents such as baptismal certificates and school records or
any pertinent document that shows the date of birth of the child;

3.

In the absence of the documents under paragraphs 1 and 2 of this section due to loss, destruction or unavailability; the
testimony of the child, the testimony of a member of the family related to the child by affinity or consanguinity who is
qualified to testify on matters respecting pedigree such as the exact age or date of birth of the child pursuant to Section 40,
Rule 130 of the Rules on Evidence, the testimonies of the other persons, the physical appearance of the child and other
relevant evidence shall suffice.

Requisites of Art. 12 par. 4 of the Revised Penal Code:

1.

A person is performing a lawful act;

2.

With due care;

3.

He causes an injury to another by mere accident;

4.

Without fault or intention of causing it.

Accident- it is something that happens outside the sway of our will and although it comes about through some act of our will, lies
beyond the bounds of humanly forseeable consequences.
Difference of Accident and negligence:
An accident is a fortuitive circumstance, event or happening. It is an event happening without any human agency or if happening
wholly or partly through human agency, an event which under the circumstance is unusual or unexpected by the person to whom it
happens. On the other hand, negligence is the failure to observe for the protection of the interest of another person, that degree of
care, precaution and vigilance which the circumstances justly demand without which such other person suffers injury. Accident and
negligence are intrinsically contradictory; one cannot exist with the other.

Requisites of Art. 12 par. 5 of the Revised Penal Code:

1.

That the compulsion is by means of physical force.

2.

That the physical force must be irresistible.

3.

That the physical force must come from a third person.

Requisites of Art. 12 par. 6 of the Revised Penal Code:

1.

That the threat which causes the fear is of an evil greater than or at least equal to, that which he is required to commit;

2.

That if promises an evil of such gravity and imminence that the ordinary man would have succumbed to it.

For the exempting circumstance of uncontrollable fear to be invoked successfully, the following requisites must concur:
a.

Existence of an uncontrollable fear;

b.

The fear must be real and imminent;

c.

The fear of an injury is greater than or at least equal to that committed.

and

Requisites of Art. 12 par. 7 of the Revised Penal Code:

1.

That an act is required by law to be done;

2.

That a person fails to perform such act;

3.

That his failure to perform such act was due to some lawful or insuperable cause.

Distinction between justifying and exempting circumstances:

1.

A person who acts by virtue of a justifying circumstance does not transgress the law, that is, he does not commit any crime
in the eyes of the law because there is nothing unlawful in the act as well as in the intention of the actor. The act of such
person is in itself both just and lawful.
In justifying circumstances, there is neither a crime nor a criminal. No civil liability, except in par. 4 (causing damage to
another in state of necessity).

2.

In exempting circumstances, there is a crime but no criminal liability. The act is not justified but the actor is not criminally
liable. There is civil liability, except in pars. 4 and 7 of Art. 12.

Absolutory causes- are those where the act committed is a crime but for reasons of public policy and sentiment there is no penalty
imposed.
Other absolutory causes in the Revised Penal Code:
1.

Art. 6

2.

Art. 20

3.

Art. 124 last paragraph

4.

Art. 247 pars. 1 and 2

5.

Art. 280, par. 3

6.

Art. 332

7.

Art. 334, par. 4

Entrapment and Instigation distinguished:

In instigation, the instigator practically induces the would-be-accused into the commission of the offense and himself becomes a coprincipal. The law enforcer conceives the commission of the crime and suggests to the accused who adopts the idea and carries it
into execution. The legal effects of instigation exempt the criminal from liability.
On the other hand, in entrapment, ways and means are resorted to for the purpose of trapping and capturing the lawbreaker in the
execution of his criminal plan. The means originates from the mind of the criminal. The idea and the resolve to commit the crime
come from him. Entrapment is no bar to the prosecution and conviction of the lawbreaker. The legal effects of entrapment do not
exempt the criminal from liability.

Complete defenses in criminal cases:

1.

Any of the essential elements of the crime charged is not proved by the prosecution and the elements proved do not

constitute any crime.

2.

The act of the accused falls under any of the justifying circumstances. (Art. 11)

3.

The case of the accused falls under any of the exempting circumstances.

4.

The case is covered by any of the absolutory causes:

A.

Spontaneous desistance during attempted stage (Art.6), and no crime under another provision of the Code or other penal

law is committed.
B.

Light felon is only attempted or frustrated, and is not against persons or property. (Art. 7)

C.

The accessory is a relative of the principal. (Art.20)

D.

Legal grounds for arbitrary detention. (Art. 124)

E.

Legal grounds for trespass. (Art. 280)

F.

The crime of theft, swindling or malicious mischief is committed against a relative. (Art. 332)

G.

When only slight or less serious physical injuries are inflicted by the person who surprised his spouse or daughter in the act

of sexual intercourse with another person. (Art. 247)

H.

Marriage of the offender with the offended party when the crime committed is rape, abduction, seduction or acts of

lasciviousness. (Art. 344)

I.

Instigation.

5.

Guilt of the accused not established beyond reasonable doubt.

6.

Prescription of crimes. (Art. 89)

7.

Pardon by the offended party before the institution of criminal action in crime against chastity. (Art. 344)

Mitigating circumstance- are those which, if present in the commission of the crime, do not entirely free the actor from criminal
liability, but serve only to reduce the penalty.
Basis of mitigating circumstance- based on the diminution of either freedom of action, intelligence, or intent, or on the lesser
perversity of the offender.
Classes of mitigating circumstances:
1.

Ordinary mitigating- those enumerated in subsections 1 to 10 of Article 13.

2.

Privileged mitigating circumstance- Art. 68 (1)(2), Art. 69, Art. 64 (5)

Distinctions of ordinary and privileged mitigating circumstances:

1.

Ordinary mitigating is susceptible of being offset by any aggravating circumstance. On the other hand, privileged mitigating
cannot be offset by aggravating circumstance.

2.

Ordinary mitigating, if not offset by an aggravating circumstance, produces only the effect of applying the penalty provided
by law for the crime in its minimum period, in case of divisible penalty. On the other hand, privileged mitigating produces
the effect of imposing upon the offender the penalty lower by one or two degrees than that provided by law for the crime.

Article 13. Mitigating circumstances. - The following are mitigating circumstances;

1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from
criminal liability in the respective cases are not attendant.
2. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall be
proceeded against in accordance with the provisions of Art. 80.
3. That the offender had no intention to commit so grave a wrong as that committed.
4. That sufficient provocation or threat on the part of the offended party immediately preceded the act.

5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony
(delito), his spouse, ascendants, or relatives by affinity within the same degrees.
6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.
7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had
voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution;
8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts
his means of action, defense, or communications with his fellow beings.
9. Such illness of the offender as would diminish the exercise of the will-power of the offender without
however depriving him of the consciousness of his acts.
10. And, finally, any other circumstances of a similar nature and analogous to those above mentioned.

Circumstances of justification or exemption which may give place to mitigation because not all the requisites necessary
to justify the act or to exempt from criminal liability in the respective cases are attendant are the following:
1.

Self-defense (Art. 11, par.1);

2.

Defense of relatives (Art. 11, par. 2);

3.

Defense of stranger (Art. 11, par. 3);

4.

State of necessity (Art. 11, par. 4);

5.

Performance of duty (Art. 11, par. 5);

6.

Obedience to order of superior (Art. 11, par. 6);

7.

Minority above 15 but below 18 years if age (R.A. No. 9344);

8.

Causing injury by mere accident (Art. 12, par. 4);

9.

Uncontrollable fear. (Art. 12, par. 6)

and

To be exempt from criminal liability under R.A. No. 9344, two conditions must be present:
a.

That the offender is over 15 and under 18 years old;

b.

That he does not act with discernment.

and

Meaning of Diversion and Diversion Program under Republic Act. No. 9344:
Diversion- an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law
on the basis of his/her social, cultural, economic, psychological, or educational background without resulting to formal court
proceedings.
Diversion Program- the program that the child in conflict with the law is required to undergo after he/she is found responsible for
an offense without resorting to formal court proceedings.
Requisites of Art. 13 par. 4 of the Revised Penal Code:
1.

That the provocation must be sufficient;

2.

That it must originate from the offended party;

3.

That the provocation must be immediate to the act, i.e., to the commission of the crime by the person who is provoked.

and

Sufficient- adequate to excite a person to commit the wrong and must accordingly be proportionate to its gravity.
Requisites of Art. 13 par. 5 of the Revised Penal Code:
1.

That there be a grave offense done to the one committing the felony, his spouse, ascendants, descendants, legitimate,
natural or adopted brothers or sisters, or relatives by affinity within the same degrees;

2.

That the felony is committed in vindication of such grave offense. A lapse of time is allowed between the vindication and the
doing of the grave offense.

Requirements of Art. 13 par. 6 of the Revised Penal Code:

1.

The accused acted upon an impulse.

2.

The impulse must be so powerful that it naturally produced passion or obfuscation in him.

Requisites of the mitigating circumstance of passion or obfuscation:

1.

That there be an act both unlawful and sufficient to produce such a condition of mind;

2.

That said act which produced the obfuscation was not far removed from the commission of the crime by a considerably

and

length of time, during which the perpetrator might recover his normal equanimity.
Passion or obfuscation distinguished from irresistible force:
1.

While passion or obfuscation is a mitigating circumstance, irresistible force is an exempting circumstance.

2.

Passion or obfuscation cannot give rise to an irresistible force because irresistible force requires physical force.

3.

Passion or obfuscation is in the offender himself, while irresistible force must come from a third person.

4.

Passion or obfuscation must arise from lawful sentiments, whereas the irresistible force is unlawful.

Passion or obfuscation distinguished from provocation:

1.

Provocation comes from the injured party; passion or obfuscation is produced by an impulse which may be caused by
provocation.

2.

Provocation must immediately precede the commission of the crime; in passion or obfuscation, the offense which engenders
perturbation of mind need not be immediate. It is only required that the influence thereof lasts until the moment the crime
is committed.

3.

In both, the effect is the loss of reason and self-control on the part of the offender.

Two mitigating circumstance are provided in Art. 13 par. 7 of the Revised Penal Code:
1.

Voluntary surrender to a person in authority or his agents.

2.

Voluntary confession of guilt before the court prior to the presentation of evidence for the prosecution.

Requisites of voluntary surrender:

1.

That the offender had not been actually arrested.

2.

That the offender surrendered himself to a person in authority or to the latters agent.

3.

That the surrender was voluntary.

Requisites of voluntariness:
For voluntary surrender to be appreciated, the same must be spontaneous in such a manner that it shows the interest of the accused
to surrender unconditionally to the authorities either because he acknowledged his guilt or because he wishes to save them the
trouble and expenses necessarily incurred in his search and capture.
Merely requesting a policeman to accompany the accused to the police headquarters is not equivalent to the requirement that he
voluntarily surrendered himself to a person in authority or his agents. The accused must actually surrender his own person to the
authorities, admitting complicity in the crime. His conduct, after the commission of the crime, must indicate a desire on his part to
own the responsibility for the crime.
Requisites of plea of guilty to be mitigating:
1.

That the offender spontaneously confessed his guilt;

2.

That the confession of guilt was made in open court, that is, before the competent court that is to try the case;

3.

That the confession of guilt was made prior to the presentation of evidence for the prosecution.

Requirements of Art. 13 par. 9 of the Revised Penal Code:

1.

That the illness of the offender must diminish the exercise of his will-power.

2.

That such illness should not deprive the offender of consciousness of his acts.

and

Circumstances which are neither exempting nor mitigating:

1.

Mistake in the blow or aberration ictus, for under Article 48, there is a complex crime committed. The penalty is even
higher.

2.

Mistake in the identity of the victim, for under Article 4 par. 1, the accused is criminally liable even if the wrong done is
different from that which is intended.

3.

Entrapment of the accused.

4.

The accused is over 18 years of age. If the offender is over 18 years old, his age is neither exempting nor mitigating.

5.

Performance of righteous action.

Aggravating circumstances- are those which, if attendant in the commission of the crime, serve to increase the penalty without,
exceeding the maximum of the penalty provided by law for the offense.
Basis of aggravating circumstance:
They are based on 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 commission, (3) the means and ways employed, (4) the time, or (5) the personal circumstances of the
offender, or of the offended party.
Four kinds of aggravating circumstances:
1.

Generic- Those that can generally apply to all crimes.

Example

Dwelling,

nighttime

or

recidivism.

In

Article

14,

the

circumstances

in

paragraphs

nos.

1,2,3

(dwelling),4,5,6,9,10,14,18,19 and 20 except by means of motor vehicles are generic aggravating circumstances.
2.

Specific- Those that apply only to particular crimes.

Example Ignominy in crimes against chastity or cruelty and treachery in crimes against persons. In Article 14, the circumstances
in paragraphs nos. 3 (except dwelling), 15, 16, 17 and 21 are specific aggravating circumstances.
3.

Qualifying- Those that change the nature of the crime.

Example Alevosia (treachery) or evident premeditation qualifies the killing of a person to murder. Article 248 enumerates the
qualifying circumstances which qualify the killing of a person to murder.
4.

Inherent- Those that must of necessity accompany the commission of the crime. (Art. 62 par. 2)

Example Evident premeditation is inherent to robbery, theft, estafa, adultery and concubinage.
Qualifying aggravating circumstance distinguished from generic aggravating circumstance.
1.

The effect of a generic aggravating circumstance, not offset by any mitigating circumstance, is to increase the penalty which

should be imposed upon the accused to the maximum period, but without exceeding the limit prescribed by law. On the other hand,
that of qualifying circumstance is not only to give the crime its proper and exclusive name, but also to place the author thereof in
such a situation as to deserve no other penalty than that specially prescribed by law for said crime.
2.

A qualifying aggravating circumstance cannot be offset by a mitigating circumstance. On the other hand, a generic

aggravating circumstance may be compensated by a mitigating circumstance.

3.

A qualifying aggravating circumstance to be such must be alleged in the information. If it is not alleged, it is a generic

aggravating circumstance only.

Art. 14. Aggravating circumstances. The following are aggravating circumstances:

1. That advantage be taken by the offender of his public position.
2. That the crime be committed in contempt or with insult to the public authorities.
3. That the act be committed with insult or in disregard of the respect due the offended party on account of his rank,
age, or sex, or that is be committed in the dwelling of the offended party, if the latter has not given provocation.

4. That the act be committed with abuse of confidence or obvious ungratefulness.

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.
6. That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such
circumstances may facilitate the commission of the offense.
Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be
deemed to have been committed by a band.
7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity
or misfortune.
8. That the crime be committed with the aid of armed men or persons who insure or afford impunity.
9. That the accused is a recidivist.
A recidivist is 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 this Code.
10. That the offender has been previously punished by 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.
11. That the crime be committed in consideration of a price, reward, or promise.
12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or international
damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin.
13. That the act be committed with evidence premeditation.
14. That the craft, fraud or disguise be employed.
15. That advantage be taken of superior strength, or means be employed to weaken the defense.
16. That the act be committed with treachery (alevosia).
There is 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.
17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act.
18. That the crime be committed after an unlawful entry.
19. There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be broken.
20. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles,
motorized watercraft, airships, or other similar means. (As amended by RA 5438).
21. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not
necessary for its commissions.

Requisites of Art. 14 par. 2 of the Revised Penal Code:

1.
2.
3.
4.

That the public authority is engaged in the exercise of his functions.

That he who is thus engaged in the exercise of said functions is not the person against whom the crime is committed.
The offender knows him to be a public authority.
His presence has not prevented the offender from committing the criminal act.

Public authority (a person in authority)- a public officer who is directly vested with jurisdiction, that is, a public officer who has
the power to govern and execute the laws. The councilor, mayor, the governor, etc., are persons in authority. The barangay captain
and barangay chairman are also persons in authority.
Rank- a high social position or standing as a grade in the armed forces; or to a graded official standing or social position or station;
or to the order or place in which said officers are placed in the army and navy in relation to others; or to the designation or title of
distinction conferred upon an officer in order to fix his relative position in reference to other officers in matters of privileges,
precedence and sometimes of command or by which to determine his pay and emoluments as in the case of army staff officers; or to
a grade or official standing, relative position in civil or social life, or in any scale of comparison, status, grade, including its grade,
status or scale of comparison within a position.

Meaning of provocation in the aggravating circumstance of dwelling (Art. 14 subpar. 3):

The provocation must be:
1.
2.
3.

Given by the owner of the dwelling;

Sufficient; and
Immediate to the commission of the crime.

What Dwelling includes:

Dwelling includes dependencies, the foot of the staircase and enclosure under the house. Note: (Dwelling may mean temporary
dwelling, it speaks of dwelling not necessarily domicile)
Dwelling is not aggravating in the following cases:
1.
2.
3.
4.
5.
6.

When both offender and offended party are occupants of the same house and this is true even if the offender is a servant of
the house.
When the robbery is committed by the use of force upon things, dwelling is not aggravating because it is inherent.
In the crime of trespass to dwelling, it is inherent or included by law in defining the crime. This crime can be committed only
in the dwelling of another.
When the owner of the dwelling gave sufficient and immediate provocation.
When the dwelling where the crime was committed did not belong to the offended party.
When the rape was committed in the ground floor of a two-story structure, the lower floor being used as a video rental store
and not as a private place of abode or residence.

Instances where dwelling was found aggravating although the crimes were committed not in the dwelling of the
victims:
1.
2.
3.
4.

The
The
The
The

victim was raped in the boarding house where she was a bedspacer.
victims were raped in their paternal home where they were guests at the time and did not reside there.
victim was killed in the house of her aunt where she was living with her niece.
victims, while sleeping as guests in the house of another person, were shot to death in that house.

When to determine the existence of abuse of confidence (Art. 14 subpar. 4):

This circumstance exists only when the offended party has trusted the offender who later abuses such trust by committing the crime.
The abuse of confidence must be a means of facilitating the commission of the crime, the culprit taking advantage of the offended
partys belief that the former would not abuse said confidence.
Requisites of Art. 14 par. 4 of the Revised Penal Code:
1.
2.
3.

That the offended party had trusted the offender.

That the offender abused such trust by committing a crime against the offended party.
That the abuse of confidence facilitated the commission of the crime.

Abuse of confidence is inherent in these type of felonies:

1.
2.
3.
4.

Malversation (Art. 217)

Qualified theft (Art. 310)
Estafa by conversion or misappropriation (Art. 315)
Qualified seduction

Place where public authorities are engaged in the discharge of their duties (Art. 14 subpar. 5), distinguished from
contempt or insult to public authorities (Art. 14 subpar. 2):
1.
2.
3.

In both, the public authorities are in the performance of their duties.

Under par. 5, the public authorities who are in the performance of their duties must be in their office; while in par. 2, the
public authorities are performing their duties outside of their office.
Under par. 2, the public authority should not be the offended party; while under par. 5, he may be he offended party.

Nighttime, uninhabited place or band (Art. 14 subpar. 6) is aggravating:

1.
2.
3.

When it facilitated the commission of the crime; or

When especially sought for by the offender to insure the commission of the crime or for the purpose of impunity.
When the offender took advantage thereof for the purpose of impunity.

Meaning of the phrase For the purpose of impunity- to prevent his (accuseds) being recognized, or to secure himself against
detection and punishment.
Nighttime- It is that period of darkness beginning at end of dusk and ending at dawn. Nights are from sunset to sunrise.
Uninhabited place- one where there are no houses at all, a place at a considerable distance from town, or where the houses are
scattered at a great distance from each other.
Band (under Art. 14 subpar. 6)- Whenever more than three armed malefactors shall have acted together in the commission of an
offense, it shall be deemed to have been committed by a band.

With the aid of armed men (subpar. 8), distinguished from by a band (subpar. 6):
By a band requires that more than three armed malefactors shall have acted together in the commission of an offense. Aid of armed
men is present even if one of the offenders merely relied on their aid, for actual aid is not necessary.
Requisites of Art. 14 par. 9 of the Revised Penal Code:
1.
2.
3.
4.

That
That
That
That

the offender is on trial for an offense;

he was previously convicted by final judgment of another crime;
both the first and the second offenses are embraced in the same title of the Code.
the offender is convicted of the new offense.

Recidivist is one who, at the times of his trial for one crime, shall have been previously convicted by final judgment of another
crime embraced in the same title of the Revised Penal Code.
Requisites of Art. 14 par. 10 of the Revised Penal Code:
1.
2.
3.

That the accused is on trial for an offense;

That he previously served sentence for another offense to which the law attaches and equal or greater penalty, or for two or
more crimes to which it attaches lighter penalty than that for the new offense; and
That he is convicted of the new offense.

Recidivism and Reiteracion (Habituality) distinguished:

a.
b.
c.

In reiteracion, it is necessary that the offender shall have served out his sentence for the first offense. On the other hand, in
recidivism, it is enough that a final judgment has been rendered in the first offense.
In reiteracion, the previous and subsequent offenses must not be embraced in the same title of the Code. On the other
hand, recidivism requires that the offenses be included in the same title of the Code.
Reiteracion is not always an aggravating circumstance. On the other hand, recidivism is always taken into consideration in
fixing the penalty to be imposed upon the accused.

The four forms of repetition are:

1.
2.
3.
4.

Recidivism. (Art. 14, par. 9)

Reiteracion or habituality. (Art. 14, par. 10)
Multi-recidivism or habitual delinquency. (Art. 62, par. 5)
Quasi-recidivism (Art, 160)

Definition of Habitual delinquency:

There is habitual delinquency when 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, if found guilty of any of said crimes a third time or
oftener. In habitual delinquency, the offender is either a recidivist or one who has been previously punished for two or more offenses
(habituality). He shall suffer an additional penalty for being a habitual delinquent.
Definition of Quasi-recidivism:
Any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or
while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony. (Art. 160)
Art. 14 par. 12 distinguished from Art. 14 par. 7:
Under par. 12, the crime is committed by means of any of such acts involving great waste or ruin. Under par. 7, the crime is
committed on the occasion of a calamity or misfortune.
Essence of premeditation (Art. 14, par. 13):
The essence of premeditation is that 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.
Requisites of evident premeditation (Art. 14, par. 13):
1.
2.
3.

The time when the offender determined to commit the crime;

An act manifestly indicating that the culprit has clung to his determination; and
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.

Craft- It involves the use of intellectual trickery or cunning on the part of the accused. It is not attendant where the accused was
practically in a stupor when the crime was committed.
Fraud- insidious words or machinations used to induce the victim to act in a manner which would enable the offender to carry out
his design.
Hairline distinction between craft and fraud:

There is craft or fraud when by trickery, accused gained entrance in victims house. They gained entrance into the house of the
victim with his consent through trickery or deceit.
Craft distinguished from fraud:
When there is a direct inducement by insidious words or machinations, fraud is present. On the other hand, the act of the accused
done in order not to arouse the suspicion of the victim constitutes craft.
Illustrations of no advantage of superior strength (Art. 15 par. 15):
1.
2.

One who attacks another with passion and obfuscation does not take advantage of his superior strength.
This aggravating circumstance does not apply 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.

In these two cases, the offenders may or might have superior strength, but they do not or did not take advantage of it.
Treachery- 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. It means the offended party was not given opportunity to make a defense.
Rules against treachery:
1.

Applicable only to crimes against the person.

Based on the phrase crime against the person in the definition of treachery.

2.

Means, methods or forms need not insure accomplishment of crime.

It is not necessary that the means, methods or forms employed in the execution of the crime insure its accomplishment, as
the law says, to insure its execution only.

3.

The mode of attack must be consciously adopted.

This is based on the phrase employing means, methods or forms in the execution which tend directly and specially, in the
definition of treachery.

Requisites of treachery:
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.
To constitute treachery, two conditions must be present:
1.
2.

The employment of means of execution that gave the person attacked no opportunity to defend himself or to retaliate;
and
The means of execution were deliberately or consciously adopted.

Summary of the rules of treachery:

1.
2.

When the aggression is continuous, treachery must be present at the beginning of the assault.
When the assault was not continuous, in that there was an interruption, it is sufficient that treachery was present at the
moment the fatal blow was given.

Treachery, abuse of superior strength and means employed to weaken the defense distinguished:
1.
2.
3.

In treachery, means, methods or forms of attack are employed by the offender to make it impossible or hard for the
offended party to put up any sort of resistance.
In abuse of superior strength, the offender does not employ means, methods or forms of attack; he only takes advantage of
his superior strength.
In means employed to weaken the defense, the offender, like in treachery, employs means but the means employed only
materially weakens the resisting power of the offended party.

Ignominy- A circumstance pertaining to the moral order which adds disgrace and obloquy to the material injury caused by the
crime.
Unlawful entry- It is that when an entrance is effected by a way not intended for the purpose.
Cruelty- It is that the culprit enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary physical
pain in the consummation of the criminal act.
Requisites of cruelty (Art. 14 par. 21):
1.
2.

That the injury caused be deliberately increased by causing other wrong;

That the other wrong be unnecessary for the execution of the purpose of the offender.

Ignominy distinguished from cruelty:

Ignominy (par. 17) involves moral suffering while cruelty (par. 21) refers to physical suffering.

Aggravating circumstances peculiar to certain felonies:

1.
2.
3.
4.
5.
6.

7.

That the offense (violation of domicile) be committed in the nighttime, or if any papers or effects not constituting evidence
of a crime be not returned immediately after the search made by the offender. (Art. 128, par. 2)
That the crime (interruption of religious worship) shall have been committed with violence or threats. (Art. 132, par. 2)
That the assault (direct assault) is committed with a weapon, or when the offender is a public officer or employee, or when
an offender lays hands upon a person in authority. (Art. 148)
If the crime (slavery) be committed for the purpose of assigning the offended party to some immoral traffic, the penalty
shall be imposed in its maximum period. (Art. 272, par. 2)
If the threat (grave threats) be made in writing or though a middleman, the penalty shall be imposed in its maximum
period. (Art. 282)
If the robbery with violence against or intimidation of persons (except robbery with homicide, or robbery with rape, etc.) is
committed in an uninhabited place or by a band, etc., or on a street, road, highway, or alley, and the intimidation is made
with the use of a firearm, the offender shall be punished by the maximum period of the proper penalties. (Art. 295)
If the robbery with the use of force upon things (Art. 299) is committed in an uninhabited place and by a band, it shall be
punished by the maximum period of the penalty provided therefor. (Art. 300)

ALTERNATIVE CIRCUMSTANCES
Art. 15. Their concept. Alternative circumstances are 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. They are
the relationship, intoxication and the degree of instruction and education of the offender.
The alternative circumstance of relationship shall be taken into consideration when the offended party in the spouse,
ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of
the offender.
The intoxication of the offender shall be taken into consideration as a mitigating circumstances when the offender has
committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said
felony but when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance.

Alternative circumstances- are 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 of alternative circumstances:
The basis is the nature and effects of the crime and other conditions attending its commission.
Alternative circumstances are:
1.
2.
3.

Relationship;
Intoxication; and
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:
a.
b.
c.
d.
e.

Spouse,
Ascendant,
Descendant,
Legitimate, natural or adopted brother or sister, or
Relative by affinity in the same degree of the offender.

Art. 16. Who are criminally liable. The following are criminally liable for grave and less grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for light felonies:
1. Principals
2. Accomplices.

Rules relative to light felonies:

1.
2.
3.
4.

Light felonies are punishable only when they have been consummated. (Art. 7)
But when light felonies are committed against persons or property, they are punishable even if they are only in the
attempted or frustrated stage of execution. (Art. 7)
Only principals and accomplices are liable for light felonies. (Art. 16)
Accessories are not liable for light felonies even if they are committed against persons or property. (Art. 16)

Only a natural person can be the offender because:

a.
b.
c.
d.

The Revised Penal Code requires that the culprit should have acted with personal malice or negligence. An artificial or
juridical person cannot act with malice or negligence.
A juridical person, like a corporation cannot commit a crime in which a willful purpose or a malicious intent is required.
There is substitution of deprivation of liberty (subsidiary imprisonment) for pecuniary penalties in case of insolvency of the
accused.
Other penalties consisting in imprisonment and other deprivation of liberty, like destierro can be executed only against
individuals.

Art. 17. Principals. The following are considered principals:

1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense by another act without which it would not have been
accomplished.

Two or more persons may take direct part in the execution of the act in which case they may be principals by direct
participation, when the following requisites are present:
1.
2.

That they participated in the criminal resolution;

That they carried out their plan and personally took part in its execution by acts which directly tended to the same end.

Two ways of becoming principal by induction under 2nd paragraph of Article 17:
1.
2.

By directly forcing another to commit a crime; and

By directly inducing another to commit a crime.

Two ways of directly forcing another to commit a crime:

a.
b.

By using irresistible force.

By causing uncontrollable fear.

Two ways of directly inducing another to commit a crime:

a.
b.

By giving price, or offering reward or promise.

By using words of command.

Requisites in order that a person may be convicted as a principal by inducement:

1.
2.

That the inducement be made directly with the intention of procuring the commission of the crime; and
That such inducement be the determining cause of the commission of the crime by the material executor.

To constitute inducement, there must exist on the part on the inducer the most positive resolution and the most persistent effort to
secure the commission of the crime, together with the presentation to the person induced of the very strongest kind of temptation to
commit the crime.
Distinguish principal by inducement from the offender who made proposal to commit a felony:
1.
2.

3.

In both, there is an inducement to commit a crime.

In the first, the principal by inducement becomes liable only when the crime is committed by the principal by direct
participation;
in the second, the mere proposal to commit a felony is punishable in treason or rebellion. The person to
whom the proposal is made should not commit the crime; otherwise, the proponent becomes a principal by inducement.
In the first, the inducement involves any crime; in the second, the proposal to be punishable must involve only treason or
rebellion.

Effects of acquittal of principal by direct participation upon the liability of principal by inducement:
1.
2.

Conspiracy is negative by the acquittal of co-defendant.

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.

But if the once charged as principal by direct participation is acquitted because he acted without criminal intent or malice, his
acquittal is not a ground for the acquittal of the principal by inducement.

The reason for the rule is that in exempting circumstances, such as when the act is not voluntary because of lack of intent on the
part of the accused, there is a crime committed, only that the accused is not a criminal. In intentional felonies, the act of a person
does not make him criminal unless his mind be criminal.
Requisites of principals by indispensable cooperation (3rd paragraph Art. 17):
1.
2.

Participation in the criminal resolution, that is, there is anterior conspiracy or unity of criminal purpose and intention
immediately before the commission of the crime charged; and
Cooperation in the commission of the offense by performing another act, without which it would not have been
accomplished.

Art. 18. Accomplices. Accomplices are those persons who, not being included in Art. 17, cooperate in the execution of
the offense by previous or simultaneous acts.

In order that a person may be considered an accomplice, the following requisites must concur:
1.
2.
3.

That there be community of design; that is, knowing the criminal design of the principal by direct participation, he concurs
with the latter in his purpose;
That he cooperates in the execution of the offense 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
That there be a relation between the acts done by the principal and those attributed to the person charged as accomplice.

Distinguish an accomplice from principal in general:

An accomplice is one who does not take a direct part in the commission of the act, who does not force or induce others to commit, or
who does not cooperate in the commission of the crime by another act without which it would not have been accomplished, yet
cooperates in the execution of the act by previous or simultaneous actions.
Distinguish an accomplice from a principal by cooperation:
The participation of the offender in case of complicity (accomplice), although necessary, is not indispensable as in the case of a coprincipal by cooperation.
Distinguish an accomplice from a principal by direct participation:
1.
2.
3.

In both, there is community of criminal design.

As to the acts performed, there is not clear-cut distinction between the acts of the accomplice and those of the principal by
direct participation. In case of doubt, it shall be resolved in favor of lesser responsibility, that is, that of mere accomplice.
Between or among principals liable for the same offense, there must be conspiracy; but between the principals and the
accomplices, there is no conspiracy.

Art. 19. Accessories. Accessories are those who, having knowledge of the commission of the crime, and without
having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the
following manners:
1. By profiting themselves or assisting the offender to profit by the effects of the crime.
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its
discovery.
3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with
abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt
to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.

Two classes of accessories are contemplated in paragraph 3 of Article 19:

a.

Public officers who harbor, conceal or assist in the escape of the principal of any crime ( not light felony) with abuse of his
public functions.
Requisites:
1.
2.
3.
4.

b.

The accessory is a public officer..

He harbors, conceals or assists in the escape of the principal.
The public officer acts with abuse of his public functions.
The crime committed by the principal is any crime, provided it is not a light felony.

Private persons who harbor, conceal or assist in the escape of the author of the crime guilty of treason, parricide, murder
or an attempt against the life of the President, or who is known to be habitually guilty of some of some other crime.

Requisites:
1.
2.
3.

That the accessory is a private person;

That he harbors, conceals or assists in the escape of the author of the crime; and
That the crime committed by the principal is either: (a) treason, (b) parricide (c) murder, (d) an attempt against the
life of the President, or (e) that the principal is known to be habitually guilty of some other crime.

Accessory distinguished from principal and from accomplice:

1.
2.
3.

The accessory does not take direct part or cooperate in, or induce, the commission of the crime.
The accessory does not cooperate in the commission of the offense by acts either prior thereto or simultaneous therewith.
The participation of the accessory in all cases always takes place after the commission of the crime.

An accessory does not participate in the criminal design nor cooperate in the commission of the felony, but with knowledge of the
commission of the crime, he subsequently takes part in any of the three ways mentioned in Article 19.

Art. 20. Accessories who are exempt from criminal liability. The penalties prescribed for accessories shall not be
imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and
adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories
falling within the provisions of paragraph 1 of the next preceding article.

An accessory is exempt from criminal liability, when the principal is his:

1.
2.
3.
4.

Spouse, or
Ascendant, or
Descendant, or
Legitimate, natural or adopted brother, sister or relative by affinity within the same degree.

Art. 21. Penalties that may be imposed. No felony shall be punishable by any penalty not prescribed by law prior to
its commission.

Penalty the suffering that is inflicted by the State for the transgression of law.
Concept of penalty:
Penalty in its general sense signifies pain; especially considered in the juridical sphere, it means suffering undergone, because of the
action of human society, by one who commits a crime.
Different juridical conditions of penalty:
1.
2.
3.
4.
5.
6.
7.

Must
Must
Must
Must
Must
Must
Must

be
be
be
be
be
be
be

productive of suffering, without however affecting the integrity of the human personality.
commensurate with the offense different crimes must be punished with different penalties.
personal no one should be punished for the crime of another.
legal it is the consequence of a judgment according to law.
certain no one may escape its effects.
equal for all.
correctional.

Theories justifying penalty:

a.
b.
c.
d.
e.

Prevention The State must punish the criminal to prevent or suppress the danger to the State arising from the criminal
acts of the offender.
Self-defense The State has a right to punish the criminal as a measure of self-defense so as to protect society from the
threat and wrong inflicted by the criminal.
Reformation The object of punishment in criminal cases is to correct and reform the offender.
Exemplarity The criminal is punished to serve as an example to deter others from committing crimes.
Justice That crime must be punished by the State as an act of retributive justice, a vindication of absolute right and moral
law violated by the criminal.

The penalty under this Code has three-fold purpose:

a.
b.
c.

Retribution or expiation The penalty is commensurate with the gravity of the offense.
Correction or reformation as shown by the rules which regulate the execution of the penalties consisting in deprivation of
liberty.
Social defense shown by its inflexible severity to recidivists and habitual delinquents.

Art. 22. Retroactive effect of penal laws. Penal Laws shall have a retroactive effect insofar as they favor the persons
guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at
the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.
The favorable retroactive effect of a new law may find the defendant in one of these three situations:
1.
2.
3.

The crime has been committed and prosecution begins;

Sentence has been passed but service has not begun;
The sentence is being carried out.

Art. 23. Effect of pardon by the offended party. A pardon of the offended party does not extinguish criminal action
except as provided in Article 344 of this Code; but civil liability with regard to the interest of the injured party is
extinguished by his express waiver.

Art. 24. Measures of prevention or safety which are nor considered penalties. The following shall not be considered
as penalties:
1. The 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. The commitment of a minor to any of the institutions mentioned in Article 80 and for the 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 disciplinary powers, superior
officials may impose upon their subordinates.
5. Deprivation of rights and the reparations which the civil laws may establish in penal form.

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:
Scale
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,
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 be voted for, the profession or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and proceeds of the offense,
Payment of costs.

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.
The principal penalties may be classified:
According to their divisibility:
1.
2.

Divisible
Indivisible

Indivisible penalties are those which have no fixed duration.

The indivisible penalties:
1.
2.
3.
4.

Death
Reclusion perpetua
Perpetual absolute or special disqualification
Public censure

Divisible penalties are those that have fixed duration and are divisible into three periods.
Classification of penalties according to subject-matter:
1.
2.
3.
4.
5.

Corporal (death).
Deprivation of freedom (reclusion, prision, arresto).
Restriction of freedom (destierro).
Deprivation of rights (disqualification and suspension).
Pecuninary (fine).

Classification of penalties according to their gravity:

1.
2.
3.
4.

Capital.
Afflictive.
Correctional.
Light.

This classification corresponds to the classification of the felonies in Article 9, into grave, less grave and light.

Art. 26. When afflictive, correctional, or light penalty. A fine, whether imposed as a single of as an alternative
penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a correctional penalty, if it does not exceed
6,000 pesos but is not less than 200 pesos; and a light penalty if it less than 200 pesos.

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.
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.
Arresto menor. The duration of the penalty of arresto menor shall be from one day to thirty days.
Bond to keep the peace. The bond to keep the peace shall be required to cover such period of time as the court may
determine.
Destierro is imposed in the following:
1.
2.
3.
4.

Serious physical injuries or death under exceptional circumstances. (Art. 247)

In case of failure to give bond for good behavior. (Art. 284)
As a penalty for the concubine in concubinage. (Art. 334)
Incases where after reducing the penalty by one or more degrees destierro is the proper penalty.

Art. 28. Computation of penalties. If the offender shall be in prison, the term of the duration of the temporary
penalties shall be computed from the day on which the judgment of conviction shall have become final.
If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be
computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the
penalty. The duration of the other penalties shall be computed only from the day on which the defendant commences to
serve his sentence.
Rules for the computation of penalties imposed upon the convicts by the Director of Prisons or the warden
1.
2.
3.

When the offender is in prison the duration of temporary penalties is from the day on which the judgment of
conviction becomes final.
When the offender is not in prison the 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.

Examples of temporary penalties:

1.
2.
3.

Temporary absolute disqualification.

Temporary special disqualification.
Suspension.

Rules in cases of temporary penalties:

If an offender is under detention, as when he is undergoing preventive imprisonment, Rule No. 1 applies.
If not under detention because the offender has been released on bail, Rule No. 3 applies.
Examples of penalties consisting in deprivation of liberty:
1.
2.

Imprisonment.
Destierro.

Rules in cases of penalties consisting in deprivation of liberty:

When the offender is not in prison, Rule No. 2 applies.
If the offender is undergoing preventive imprisonment, the computation of the penalty is not from the day that the offender is placed
at the disposal of the judicial authorities for the enforcement of the penalty. Rule No. 3 applies, that is, the duration of the penalty
shall be computed from the day on which the defendant commences to serve his sentence.
But the offender is entitled to a deduction of full time or four-fifths (4/5) of the time of his detention.
Reason for Rule No. 1:
The duration of temporary penalties shall be computed only from the day the judgment of conviction becomes final and not from the
day of his detention because under Article 24, the arrest and temporary detention of the accused is not considered a penalty.

ART. 29. Period of preventive imprisonment deducted from term of imprisonment. Offenders or accused who have
undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of
liberty, with the full time during which they have undergone preventive imprisonment if the detention prisoner agrees
voluntarily in writing after being informed of the effects thereof and with the assistance of counsel to abide by the
same disciplinary rules imposed upon convicted prisoners, except in the following cases:
1. When they are recidivists, or have been convicted previously twice or more times of any crime; and
2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.

If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he
shall do so in writing with the assistance of a counsel and shall be credited in the service of his sentence with fourfifths of the time during which he has undergone preventive imprisonment.
Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty (30) years.
Whenever an accused has undergone preventive imprisonment for a period equal to the possible maximum
imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall be
released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same
is under review. Computation of preventive imprisonment for purposes of immediate release under this paragraph shall
be the actual period of detention with good conduct time allowance: Provided, however, That if the accused is absent
without justifiable cause at any stage of the trial, the court may motu proprio order the rearrest of the accused:
Provided, finally, That recidivists, habitual delinquents, escapees and persons charged with heinous crimes are
excluded from the coverage of this Act. In case the maximum penalty to which the accused may be sentenced is
destierro, he shall be released after thirty (30) days of preventive imprisonment.

The following offenders are not entitled to be credited with the full time or 4/5 of the time of preventive imprisonment:
1.
2.

Recidivists or those convicted previously twice or more times of any crime.

Those who, upon being summoned for the execution of their sentence, failed to surrender voluntarily.

Art. 30. Effects of the penalties of perpetual or temporary absolute disqualification. The penalties of perpetual or
temporary absolute disqualification for public office shall produce the following effects:
1. The deprivation of the public offices and employments which the offender may have held even if conferred by
popular election.
2. The deprivation of the right to vote in any election for any popular office or to be elected to such office.
3. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned.
In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of this article shall
last during the term of the sentence.
4. The loss of all rights to retirement pay or other pension for any office formerly held.

Art. 31. Effect of the penalties of perpetual or temporary special disqualification. The penalties of perpetual or
temporal special disqualification for public office, profession or calling shall produce the following effects:
1. The deprivation of the office, employment, profession or calling affected;
2. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence
according to the extent of such disqualification.

Art. 32. Effect of the penalties of perpetual or temporary special disqualification for the exercise of the right of
suffrage. The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the
offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to vote in
any popular election for any public office or to be elected to such office. Moreover, the offender shall not be permitted
to hold any public office during the period of his disqualification.

Art. 33. Effects of the penalties of suspension from any public office, profession or calling, or the right of suffrage.
The suspension from public office, profession or calling, and the exercise of the right of suffrage shall disqualify the
offender from holding such office or exercising such profession or calling or right of suffrage during the term of the
sentence.
The person suspended from holding public office shall not hold another having similar functions during the period of
his suspension.

Art. 34. Civil interdiction. Civil interdiction shall deprive the offender during the time of his sentence of the rights of
parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to
manage his property and of the right to dispose of such property by any act or any conveyance inter vivos.

Art. 35. Effects of bond to keep the peace. It shall be the duty of any person sentenced to give bond to keep the
peace, to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be
prevented, and that in case such offense be committed they will pay the amount determined by the court in the
judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking.
The court shall determine, according to its discretion, the period of duration of the bond.
Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case
exceed six months, is he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty days,
if for a light felony.

Outline of the effects of penalties under Articles 30 to 35:

1.

The penalties of perpetual or temporary absolute disqualification for public office produce the following effects:
a.
b.
c.
d.

2.

Deprivation of public offices and employments even if by election.

Deprivation of right to vote or to be elected.
Disqualification for the offices or public employments and for the exercise of any of the rights mentioned.
Loss of right to retirement pay or pension for any office formerly held. (Art. 30)

The penalties of perpetual or temporary special disqualification for public office, profession or calling produce
the following effects:
a.
b.

Deprivation of the office, employment, profession or calling affected.

Disqualification for holding similar offices or employment perpetually or during the term of the sentence. (Art. 31)

3.

The penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage produce
the following effects:
a. Deprivation of the right to vote or to be elected to any public office.
b. Cannot hold any public office during the period of disqualification. (Art. 32)

4.

The penalties of suspension from public office, profession or calling or the right of suffrage produce the
following effects:
a.
b.

5.

Civil interdiction shall produce the following effects:

A.
B.
C.

6.

Disqualification from holding such office or exercising such profession or calling or right of suffrage during the terms of
the sentence.
If suspended from public office, the offender hold another office having similar functions during the period of
suspension. (Art. 33)

Deprivation of the rights of parental authority or guardianship of any ward.

Deprivation of marital authority.
Deprivation of the right to manage his property and of the right to dispose of such property by any act or conveyance
inter vivos. (Art. 34)

Bonds to keep the peace.

a.

b.
c.

The offender must present two sufficient sureties who shall undertake that the offender will not commit the offense
sought to be prevented, and that in case such offense be committed they will pay the amount determined by the court;
or
The offender must deposit such amount with the clerk of court to guarantee said undertaking; or
The offender may be detained, if he cannot give the bond, for a period not to exceed 6 months if prosecuted from grave
or less grave felony, or for a period not to exceed 30 days, if for a light felony. (Art. 35)

What suspension from exercise of profession covers:

Suspension, which deprives the offender of the right of exercising any kind of profession or calling, covers such calling or trade as for
instance that of broker, master plumber, etc.
Bond to keep the peace is not bail bond:
Bond to keep the peace or for good behavior is imposed as a penalty in threats. (Art. 284). This is different from a bail bond (Rule
114, Revised Rules of Criminal Procedure) to secure the provisional release of an accused person after his arrest or during trial but
before final judgment of conviction.

Art. 36. Pardon; its effect. A pardon shall not work the restoration of the right to hold public office, or the right of
suffrage, unless such rights be expressly restored by the terms of the pardon.
A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the
sentence.

Effects of pardon by the President:

1.
2.

The pardon shall not restore the right to hold public office or the right of suffrage.
Exception: When any or both such rights is or are expressly restored by the terms of the pardon.
It shall not exempt the culprit from the payment of the civil indemnity. The pardon cannot make an exception to this rule.

Limitations upon the exercise of the pardoning power:

1.
2.

That the power can be exercised only after conviction;

That such power does not extend to cases of impeachment.

Pardon by the Chief Executive distinguished from pardon by the offended party:
1.
2.
3.

Pardon by the Chief Executive extinguishes the criminal liability of the offender; such s not the case when the pardon is
given by the offended party.
Pardon by the Chief Executive cannot include civil liability which the offender must pay; but the offended party can waive
the civil liability which the offender must pay.
In cases where the law allows pardon by the offended party (Art. 344), the pardon should be given before the institution of
criminal prosecution and must be extended to both offenders; whereas, pardon by the Chief Executive is granted only after
conviction and may be extended to any of the offenders.

Art. 37. Cost; What are included. Costs shall include fees and indemnities in the course of the judicial proceedings,
whether they be fixed or unalterable amounts previously determined by law or regulations in force, or amounts not
subject to schedule.

The following are included in costs:

1.
2.

Fees; and
Indemnities, in the course of judicial proceedings.

Art. 38. Pecuniary liabilities; Order of payment. In case the property of the offender should not be sufficient for the
payment of all his pecuniary liabilities, the same shall be met in the following order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.

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).

Subsidiary penalty It is a subsidiary personal liability to be suffered by the convict who has no property with which to meet the
fine, at the rate of one day for each eight pesos, subject to the rules provided for in Article 39.
Rules as to subsidiary imprisonment:
1.
2.
3.
4.
5.

If the penalty imposed is prision correctional or arresto and fine subsidiary imprisonment, not to exceed 1.3 of the term of
the sentence, and in no case to continue for more than one year. Fraction or part of a day, not counted.
When the penalty imposed is fine only subsidiary imprisonment, not to exceed 6 months, if the culprit is prosecuted for
grave or less grave felony, and not to exceed 15 days, if prosecuted for light felony.
When the penalty imposed is higher than prision correccional no subsidiary imprisonment.
If the penalty imposed is not to be executed buy confinement, but of fixed duration subsidiary penalty shall consist in the
same deprivations as those of the principal penalty, under the same rules as in Nos. 1, 2 and 3 above.
In case the financial circumstances of the convict should improve, he shall pay the fine, notwithstanding the fact that the
convict shall suffered subsidiary personal liability therefor.

The penalty imposed must be:

1.
2.
3.
4.
5.
6.

Prision correccional
Arresto mayor
Arresto menor
Suspension
Destierro
Fine

No subsidiary penalty in the following cases:

1.
2.
3.

When the penalty imposed is higher than prision correccional.

For failure to pay the reparation of the damage caused, indemnification of the consequential damages, and the costs of the
proceedings.
When the penalty imposed is fine and a penalty not to be executed by confinement in a penal institution and which has no
fixed duration.

Act. No. 1732 (special law) of the Philippine Commission provides for the rules in case the court shall impose a fine as
the whole or as a part of the punishment for any criminal offense made punishable by any special law:
1.
2.
3.
4.

When the court merely imposes a fine, the subsidiary liability shall not exceed 6 months at the rate of one day of
imprisonment for every P2.50.
In case both fine and imprisonment are imposed, the subsidiary liability shall not exceed 1.3 of the term of imprisonment,
and in no case shall it exceed 1 year.
In case the imprisonment is for more than 6 years in addition to a fine, there shall be no subsidiary imprisonment.
When a fine is imposed for violation of any municipal ordinance or ordinances of the City of Manila, the rate is one day for
every P1.00, until the fine is satisfied, Provided, That the total subsidiary imprisonment does not exceed 6 months, if the
penalty imposed is fine alone; and not more than 1/3 of the principal penalty, if it is imposed together with imprisonment.

Art. 40. Death; Its accessory penalties. The death penalty, when it is not executed by reason of commutation or
pardon shall carry with it that of perpetual absolute disqualification and that of civil interdiction during thirty years
following the date sentence, unless such accessory penalties have been expressly remitted in the pardon.
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.
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.
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.
Art. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. Every penalty imposed for the
commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments or tools with
which it was committed.

Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they be
property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall
be destroyed.

Art. 46. Penalty to be imposed upon principals in general. The penalty prescribed by law for the commission of a
felony shall be imposed upon the principals in the commission of such felony.
Whenever the law prescribes a penalty for a felony is general terms, it shall be understood as applicable to the
consummated felony.
Penalty prescribed by law in general terms shall be imposed:
1.
2.

Upon the principals.

For consummated felony.

The exception is when the penalty to be imposed upon the principal in frustrated or attempted felony is fixed by law.

Graduation of penalties by degrees or by periods:

The graduation of penalties by degrees refers to stages of execution ( consummated, frustrated or attempted) and to the degree of
the criminal participation of the offender (whether as principal, accomplice or accessory).
The division of a divisible penalty into three periods, as maximum, medium, and minimum refers to the proper period of the penalty
which should be imposed when aggravating or mitigating circumstances attend the commission of the crime.

Art. 47. In what cases the death penalty shall not be imposed. The death penalty shall be imposed in all cases in
which it must be imposed under existing laws, except in the following cases:
1. When the guilty person be more than seventy years of age.
2. When upon appeal or revision of the case by the Supreme court, all the members thereof are not unanimous in their
voting as to the propriety of the imposition of the death penalty. For the imposition of said penalty or for the
confirmation of a judgment of the inferior court imposing the death sentence, the Supreme Court shall render its
decision per curiam, which shall be signed by all justices of said court, unless some member or members thereof shall
have been disqualified from taking part in the consideration of the case, in which even the unanimous vote and
signature of only the remaining justices shall be required.

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 most serious crime shall be imposed, the
same to be applied in its maximum period.

Two kinds of complex crimes:

1.
2.

When a single act constitutes two or more grave or less grave felonies.
When an offense is a necessary means for committing the other.

The first is otherwise known as compound crime. The second is complex crime proper.
When a single act constitutes two or more grave or less grave felonies:
1.
2.

That only a single act is performed by the offender.

That the single act produces (1) two or more grave felonies, or (2) one or more grave and one or more less grave felonies,
or (3) two or more less grave felonies.

When an offense is a necessary means for committing the other:

1.
2.
3.

That at least two offenses are committed.

That one or some of the offenses must be necessary to commit the other.
That both or all the offenses must be punished under the same statute.

Plurality of crimes It consists in the successive execution but the same individual of different criminal acts upon any of which no
conviction has yet been declared.
Kinds of plurality of crimes:
1.
2.

Formal or ideal plurality;

Real or material plurality

and

Plurality of crimes distinguished from recidivism:

In recidivism, there must be conviction by final judgment of the first or prior offense; in plurality of crimes, there is no conviction of
any of the crimes committed.
Plural crimes of the formal or ideal type are divided into three groups:
A person committing multiple crimes is punished with ONE penalty in the following cases:
1.
2.
3.

When the offender commits any of the complex crimes defined in Article 48 of the Code.
When the law specifically fixes a single penalty for two or more offenses committed.
When the offender commits continued crimes.

Continued crime a single crime consisting of a series of acts but all arising from one criminal resolution.
A continuing offense is a continuous, unlawful act or series of acts set on foot by a single impulse and operated by an unintermittent
force, however long a time it may occupy.
Distinguish real or material plurality from continued crime:
In real or material plurality as well as in continued crime, there is a series of acts performed by the offender.
In real or material plurality, each act performed by the offender constitutes a separate crime because each acts constitute only one
crime because all of the acts performed arise from one criminal resolution.

Art. 49. Penalty to be imposed upon the principals when the crime committed is different from that intended. In
cases in which the felony committed is different from that which the offender intended to commit, the following rules
shall be observed:
1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the
accused intended to commit, the penalty corresponding to the latter shall be imposed in its maximum period.
2. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused
intended to commit, the penalty for the former shall be imposed in its maximum period.
3. The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty
person shall also constitute an attempt or frustration of another crime, if the law prescribes a higher penalty for either
of the latter offenses, in which case the penalty provided for the attempted or the frustrated crime shall be imposed in
its maximum period.

Article 49 distinguished from Article 48:

In Article 49, the lesser penalty to be imposed, to be applied in the maximum period (pars. 1 and 2). On the other hand, in Article
48, the penalty for the more or most serious crime shall be imposed, the same to be applied in its maximum period.

Art. 50. Penalty to be imposed upon principals of a frustrated crime. The penalty next lower in degree than that
prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony.
Art. 51. Penalty to be imposed upon principals of attempted crimes. A penalty lower by two degrees than that
prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony.
Art. 52. Penalty to be imposed upon accomplices in consummated crime. The penalty next lower in degree than that
prescribed by law for the consummated shall be imposed upon the accomplices in the commission of a consummated
felony.
Art. 53. Penalty to be imposed upon accessories to the commission of a consummated felony. The penalty lower by
two degrees than that prescribed by law for the consummated felony shall be imposed upon the accessories to the
commission of a consummated felony.
Art. 54. Penalty to imposed upon accomplices in a frustrated
crime. The penalty next lower in degree than
prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated
felony.
Art. 55. Penalty to be imposed upon accessories of a frustrated crime. The penalty lower by two degrees than that
prescribed by law for the frustrated felony shall be imposed upon the accessories to the commission of a frustrated
felony.
Art. 56. Penalty to be imposed upon accomplices in an attempted crime. The penalty next lower in degree than that
prescribed by law for an attempt to commit a felony shall be imposed upon the accomplices in an attempt to commit
the felony.

Art. 57. Penalty to be imposed upon accessories of an attempted crime. The penalty lower by two degrees than that
prescribed by law for the attempted felony shall be imposed upon the accessories to the attempt to commit a felony.

The bases for the determination of the extent of penalty to be imposed under the Revised Penal Code:
1.
2.
3.

The stage reached by the crime in its development (either attempted, frustrated or consummated).
The participants therein of the persons liable.
The aggravating or mitigating circumstances which attended the commission of the crime.

What is a degree in relation to penalty:

A degree is one entire penalty, one whole penalty or one unit of the penalties enumerated in the graduated scales provided for in
Article 71. Each of the penalties of reclusion perpetua, reclusion temporal, prision ayor, etc., enumerated in the graduated scales of
Article 71 is a degree.

Art. 58. Additional penalty to be imposed upon certain accessories. Those accessories falling within the terms of
paragraphs 3 of Article 19 of this Code who should act with abuse of their public functions, shall suffer the additional
penalty of absolute perpetual disqualification if the principal offender shall be guilty of a grave felony, and that of
absolute temporary disqualification if he shall be guilty of a less grave felony.
Public officers who help the author of a crime by misusing their office and duties shall suffer the additional penalties
of:
1.
2.

Absolute perpetual disqualification if the principal offender is guilty of a grave felony.

Absolute temporary disqualification if the principal offender is guilty of less grave felony.

Art. 59. Penalty to be imposed in case of failure to commit the crime because the means employed or the aims sought
are impossible. When the person intending to commit an offense has already performed the acts for the execution of
the same but nevertheless the crime was not produced by reason of the fact that the act intended was by its nature
one of impossible accomplishment or because the means employed by such person are essentially inadequate to
produce the result desired by him, the court, having in mind the social danger and the degree of criminality shown by
the offender, shall impose upon him the penalty of arresto mayor or a fine from 200 to 500 pesos.
Art. 60. Exception to the rules established in Articles 50 to 57. The provisions contained in Articles 50 to 57,
inclusive, of this Code shall not be applicable to cases in which the law expressly prescribes the penalty provided for a
frustrated or attempted felony, or to be imposed upon accomplices or accessories.
Art. 61. Rules for graduating penalties. For the purpose of graduating the penalties which, according to the
provisions of Articles 50 to 57, inclusive, of this Code, are to be imposed upon persons guilty as principals of any
frustrated or attempted felony, or as accomplices or accessories, the following rules shall be observed:
1. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degrees shall be that
immediately following that indivisible penalty in the respective graduated scale prescribed in Article 71 of this Code.
2. When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more divisible
penalties to be impose to their full extent, the penalty next lower in degree shall be that immediately following the
lesser of the penalties prescribed in the respective graduated scale.
3. When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum period
of another divisible penalty, the penalty next lower in degree shall be composed of the medium and minimum periods
of the proper divisible penalty and the maximum periods of the proper divisible penalty and the maximum period of
that immediately following in said respective graduated scale.
4. when the penalty prescribed for the crime is composed of several periods, corresponding to different divisible
penalties, the penalty next lower in degree shall be composed of the period immediately following the minimum
prescribed and of the two next following, which shall be taken from the penalty prescribed, if possible; otherwise from
the penalty immediately following in the above mentioned respective graduated scale.
5. When the law prescribes a penalty for a crime in some manner not especially provided for in the four preceding
rules, the courts, proceeding by analogy, shall impose corresponding penalties upon those guilty as principals of the
frustrated felony, or of attempt to commit the same, and upon accomplices and accessories.

Art. 62. Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency. Mitigating
or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or
increasing the penalty in conformity with the following rules:
1. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included
by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of
increasing the penalty.

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.
3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private
relations with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the
liability of the principals, accomplices and accessories as to whom such circumstances are attendant.
4. The circumstances which consist in the material execution of the act, or in the means employed to accomplish it,
shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the
execution of the act or their cooperation therein.
5. Habitual delinquency shall have the following effects:
(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he
be found guilty and to the additional penalty of prision correccional in its medium and maximum periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be
found guilty and to the additional penalty of prision mayor in its minimum and medium periods; and
(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of
which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in
its minimum period.
Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in
conformity herewith, shall in no case exceed 30 years.
For the purpose of this article, a person shall be deemed to be habitual delinquent, is 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, robo, hurto, estafa or
falsification, he is found guilty of any of said crimes a third time or oftener.

Effects of the attendance of aggravating or mitigating circumstances or of habitual delinquency:

1.
2.
3.

Aggravating circumstances (generic and specific) have the effect of increasing the penalty, without, however, exceeding the
maximum provided by law.
Mitigating circumstances have the effect of diminishing the penalty.
Habitual delinquency has the effect, not only of increasing the penalty because of recidivism which is generally implied in
habitual delinquency, but also of imposing an additional penalty.

Requisites of habitual delinquency:

1.
2.
3.

That the offender had been convicted of any of the crimes of serious or less serious physical injuries, robbery, theft, estafa
or falsification;
That after that conviction or after serving his sentence, he again committed, and within 10 years from his release or first
conviction, he was again convicted of any of the said crimes for the second time; and
That after his conviction, he was again convicted of any of said offenses, the third time or oftener.

In the information must be alleged:

1.
2.
3.

The dates of the commission of the previous crimes.

The date of the last conviction or release.
The dates of the other previous convictions or releases.

Habitual delinquency distinguished from recidivism:

1.

2.

3.

4.

As to the crimes committed. In recidivism, it is sufficient that the accused on the date of his trial, shall have been previously
convicted by final judgment of another crime embraced in the same title of the Code; in habitual delinquency, the crimes
are specified.
As to the period of time the crimes are committed. In recidivism, no period of time between the former conviction and the
last conviction is fixed by law; in habitual delinquency, the offender is found guilty o any of the crimes specified within ten
years from his last release or last conviction.
As to the number of crimes committed. In recidivism, the second conviction for an offense embraced in the same title of the
Code is sufficient; in habitual delinquency, the accused must be found guilty the third time or oftener of any of the crimes
specified.
As to their effects. Recidivism, if not offset by a mitigating circumstance, serves to increase the penalty only to the
maximum; whereas, if there is habitual delinquency, an additional penalty is also imposed.

Art. 63. Rules for the application of indivisible penalties. In all cases in which the law prescribes a single indivisible
penalty, it shall be applied by the courts regardless of any mitigating or aggravating circumstances that may have
attended the commission of the deed.
In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be
observed in the application thereof:

1. When in the commission of the deed there is present only one aggravating circumstance, the greater penalty shall be
applied.
2. When there are neither mitigating nor aggravating circumstances and there is no aggravating circumstance, the
lesser penalty shall be applied.
3. When the commission of the act is attended by some mitigating circumstances and there is no aggravating
circumstance, the lesser penalty shall be applied.
4. When both mitigating and aggravating circumstances attended the commission of the act, the court shall reasonably
allow them to offset one another in consideration of their number and importance, for the purpose of applying the
penalty in accordance with the preceding rules, according to the result of such compensation.

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 circumstances 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.

Cases in which mitigating and aggravating circumstances are not considered in the imposition of penalty:
1.
2.
3.
4.
5.

When the penalty is single and indivisible. (Art. 63)

In felonies through negligence. The rules for the application of penalties prescribed by Article 64 are not applicable to a case
of reckless imprudence under Article 365.
The penalty to be imposed upon a Moro or other non-Christian inhabitants. It lies in the discretion of the trial court,
irrespective of the attending circumstances.
When the penalty is only a fine imposed by an ordinance.
When the penalties are prescribed by special laws.

Art. 65. Rule in cases in which the penalty is not composed of three periods. In cases in which the penalty prescribed
by law is not composed of three periods, the courts shall apply the rules contained in the foregoing articles, dividing
into three equal portions of time included in the penalty prescribed, and forming one period of each of the three
portions.
Art. 66. Imposition of fines. In imposing fines the courts may fix any amount within the limits established by law; in
fixing the amount in each case attention shall be given, not only to the mitigating and aggravating circumstances, but
more particularly to the wealth or means of the culprit.
Art. 67. Penalty to be imposed when not all the requisites of exemption of the fourth circumstance of Article 12 are
present. When all the conditions required in circumstances Number 4 of Article 12 of this Code to exempt from
criminal liability are not present, the penalty of arresto mayor in its maximum period to prision correccional in its
minimum period shall be imposed upon the culprit if he shall have been guilty of a grave felony, and arresto mayor in
its minimum and medium periods, if of a less grave felony.
Art. 68. Penalty to be imposed upon a person under eighteen years of age. When the offender is a minor under
eighteen years and his case is one coming under the provisions of the paragraphs next to the last of Article 80 of this
Code, the following rules shall be observed:

1. Upon a person under fifteen but over nine years of age, who is not exempted from liability by reason of the court
having declared that he acted with discernment, a discretionary penalty shall be imposed, but always lower by two
degrees at least than that prescribed by law for the crime which he committed.
2. Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed by law shall
be imposed, but always in the proper period.
Art. 69. Penalty to be imposed when the crime committed is not wholly excusable. A penalty lower by one or two
degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by reason of the lack of some
of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in
Article 11 and 12, provided that the majority of such conditions be present. The courts shall impose the penalty in the
period which may be deemed proper, in view of the number and nature of the conditions of exemption present or
lacking.
Art. 70. Successive service of sentence. When the culprit has to serve two or more penalties, he shall serve them
simultaneously if the nature of the penalties will so permit otherwise, the following rules shall be observed:
In the imposition of the penalties, the order of their respective severity shall be followed so that they may be executed
successively or as nearly as may be possible, should a pardon have been granted as to the penalty or penalties first
imposed, or should they have been served out.
For the purpose of applying the provisions of the next preceding paragraph the respective severity of the penalties
shall be determined in accordance with the following scale:
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
9. Perpetual absolute disqualification,
10 Temporal absolute disqualification.
11. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling, and
12. Public censure.
Notwithstanding the provisions of the rule next preceding, the maximum duration of the convict's sentence shall not be
more than three-fold the length of time corresponding to the most severe of the penalties imposed upon him. No other
penalty to which he may be liable shall be inflicted after the sum total of those imposed equals the same maximum
period.
Such maximum period shall in no case exceed forty years.
In applying the provisions of this rule the duration of perpetual penalties (pena perpetua) shall be computed at thirty
years.

Art. 71. Graduated scales. In the case in which the law prescribed a penalty lower or higher by one or more degrees
than another given penalty, the rules prescribed in Article 61 shall be observed in graduating such penalty.
The lower or higher penalty shall be taken from the graduated scale in which is comprised the given penalty.
The courts, in applying such lower or higher penalty, shall observe the following graduated scales:
SCALE NO. 1
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,

5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure,
10. Fine.
SCALE NO. 2
1. Perpetual absolute disqualification,
2. Temporal absolute disqualification
3. Suspension from public office, the right to vote and be
voted for, the right to follow a profession or calling,
4. Public censure,
5. Fine.

Art. 72. Preference in the payment of the civil liabilities. The civil liabilities of a person found guilty of two or more
offenses shall be satisfied by following the chronological order of the dates of the judgments rendered against him,
beginning with the first in order of time.

Art. 73. Presumption in regard to the imposition of accessory penalties . Whenever the courts shall impose a penalty
which, by provision of law, carries with it other penalties, according to the provisions of Articles 40, 41, 42, 43 and 44
of this Code, it must be understood that the accessory penalties are also imposed upon the convict.

Art. 74. Penalty higher than reclusion perpetua in certain cases. In cases in which the law prescribes a penalty
higher than another given penalty, without specially designating the name of the former, if such higher penalty should
be that of death, the same penalty and the accessory penalties of Article 40, shall be considered as the next higher
penalty.

Art. 75. Increasing or reducing the penalty of fine by one or more degrees. Whenever it may be necessary to
increase or reduce the penalty of fine by one or more degrees, it shall be increased or reduced, respectively, for each
degree, by one-fourth of the maximum amount prescribed by law, without however, changing the minimum.
The same rules shall be observed with regard of fines that do not consist of a fixed amount, but are made proportional.

Distinctions between fine with a minimum and fine without a minimum:

1.
2.
3.

In both, the law fixes the maximum of the fine.

When the law fixes the minimum fo the fine, the court cannot change that minimum; whereas, when the law does not
state the minimum of the fine but only the maximum, the court can impose any amount not exceeding such maximum.
When the law fixes both the minimum and the maximum, the court can impose an amount higher than the maximum;
whereas, when only the maximum is fixed, it cannot impose an amount higher than the maximum.

Art. 76. Legal period of duration of divisible penalties. The legal period of duration of divisible penalties shall be
considered as divided into three parts, forming three periods, the minimum, the medium, and the maximum in the
manner shown in the following table:
TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN EACH OF THEIR PERIODS (p.
43 Codal)

Art. 77. When the penalty is a complex one composed of three distinct penalties. In cases in which the law
prescribes a penalty composed of three distinct penalties, each one shall form a period; the lightest of them shall be
the minimum the next the medium, and the most severe the maximum period.

Whenever the penalty prescribed does not have one of the forms specially provided for in this Code, the periods shall
be distributed, applying by analogy the prescribed rules.

Indeterminate Sentence Law not applicable to the following:

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

Persons convicted of offenses punished with death penalty or life imprisonment.

Those convicted of treason, conspiracy or proposal to commit treason.
Those convicted of misprision of treason, rebellion, sedition or espionage.
To be convicted of piracy.
Those who are habitual delinquents.
Those who shall have escaped from confinement or evaded sentence.
Those who violated the terms of conditional pardon granted to them by the Chief Executive.
Those whose maximum term of imprisonment does not exceed one year.
Those who, upon the approval of the law had been sentenced by final judgment.
Those sentenced to the penalty of destierro or suspension.

Criteria for placing an offender on probation:

The court shall consider (1) all information relative to the
a.
b.
c.
d.
e.

Character,
Antecedents,
Environment,
Mental, and
Physical

When Probation shall be denied if the court finds that:

a.
b.
c.

The offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution;
or
There is an undue risk that during the period of probation, the offender will commit another crime; or
Probation will depreciate the seriousness of the offense committed.

Who are the offenders disqualified from being placed on probation:

The benefits of the Decree shall not be extended to:
a.
b.
c.
d.
e.

Those sentenced to serve a maximum term of imprisonment of more than six years;
Those convicted of subversion or any crime against the national security or public order;
Those who were previously 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;
Those who have been once on probation under the provisions of the Decree; and
Those who are already serving sentence at the time the substantive provisions of the Decree became applicable pursuant to
Section 33 thereof.

What are the conditions of probation:

Every probation order issued by the court shall contain conditions requiring the probationer to:
a.
b.

Present himself to the probation officer designated to undertake his supervision at such place as may be specified in the
order within 72 hours from receipt of the order;
Report to the probation officer at least once a month at such time and place as specified by said officer.

The court may also require the probationer to do any of those enumerated in sub-paragraphs (a) to (k) of Section 10 of the Decree.
Purpose of the decree establishing a probation system:
a.
b.
c.

Promote the correction and rehabilitation of an offender by providing him with individualized treatment;
Provide an opportunity for the reformation of a penitent offender, which might be less probable if he were to serve a prison
sentence; and
Prevent the commission of offenses.

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.

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.

An accused person may become insane:

1.
2.
3.
4.

At the time of the commission of the offense;

At the time of trial;
At the time of final judgment; or
While serving sentence.

Art. 80. Suspension of sentence of minor delinquents. Whenever a minor of either sex, under sixteen years of age at
the date of the commission of a grave or less grave felony, is accused thereof, the court, after hearing the evidence in
the proper proceedings, instead of pronouncing judgment of conviction, shall suspend all further proceedings and shall
commit such minor to the custody or care of a public or private, benevolent or charitable institution, established under
the law of the care, correction or education of orphaned, homeless, defective, and delinquent children, or to the
custody or care of any other responsible person in any other place subject to visitation and supervision by the Director
of Public Welfare or any of his agents or representatives, if there be any, or otherwise by the superintendent of public
schools or his representatives, subject to such conditions as are prescribed hereinbelow until such minor shall have
reached his majority age or for such less period as the court may deem proper.
The court, in committing said minor as provided above, shall take into consideration the religion of such minor, his
parents or next of kin, in order to avoid his commitment to any private institution not under the control and supervision
of the religious sect or denomination to which they belong.
The Director of Public Welfare or his duly authorized representatives or agents, the superintendent of public schools or
his representatives, or the person to whose custody or care the minor has been committed, shall submit to the court
every four months and as often as required in special cases, a written report on the good or bad conduct of said minor
and the moral and intellectual progress made by him.
The suspension of the proceedings against a minor may be extended or shortened by the court on the recommendation
of the Director of Public Welfare or his authorized representative or agents, or the superintendent of public schools or
his representatives, according as to whether the conduct of such minor has been good or not and whether he has
complied with the conditions imposed upon him, or not. The provisions of the first paragraph of this article shall not,
however, be affected by those contained herein.
If the minor has been committed to the custody or care of any of the institutions mentioned in the first paragraph of
this article, with the approval of the Director of Public Welfare and subject to such conditions as this official in
accordance with law may deem proper to impose, such minor may be allowed to stay elsewhere under the care of a
responsible person.
If the minor has behaved properly and has complied with the conditions imposed upon him during his confinement, in
accordance with the provisions of this article, he shall be returned to the court in order that the same may order his
final release.
In case the minor fails to behave properly or to comply with the regulations of the institution to which he has been
committed or with the conditions imposed upon him when he was committed to the care of a responsible person, or in
case he should be found incorrigible or his continued stay in such institution should be inadvisable, he shall be
returned to the court in order that the same may render the judgment corresponding to the crime committed by him.
The expenses for the maintenance of a minor delinquent confined in the institution to which he has been committed,
shall be borne totally or partially by his parents or relatives or those persons liable to support him, if they are able to
do so, in the discretion of the court; Provided, That in case his parents or relatives or those persons liable to support
him have not been ordered to pay said expenses or are found indigent and cannot pay said expenses, the municipality
in which the offense was committed shall pay one-third of said expenses; the province to which the municipality
belongs shall pay one-third; and the remaining one-third shall be borne by the National Government: Provided,
however, That whenever the Secretary of Finance certifies that a municipality is not able to pay its share in the
expenses above mentioned, such share which is not paid by said municipality shall be borne by the National
Government. Chartered cities shall pay two-thirds of said expenses; and in case a chartered city cannot pay said

expenses, the internal revenue allotments which may be due to said city shall be withheld and applied in settlement of
said indebtedness in accordance with section five hundred and eighty-eight of the Administrative Code.

Art. 81. When and how the death penalty is to be executed. The death sentence shall be executed with reference to
any other and shall consist in putting the person under sentence to death by electrocution. The death sentence shall be
executed under the authority of the Director of Prisons, endeavoring so far as possible to mitigate the sufferings of the
person under sentence during electrocution as well as during the proceedings prior to the execution.
If the person under sentence so desires, he shall be anaesthetized at the moment of the electrocution.

Art. 82. Notification and execution of the sentence and assistance to the culprit. The court shall designate a working
day for the execution but not the hour thereof; and such designation shall not be communicated to the offender before
sunrise of said day, and the execution shall not take place until after the expiration of at least eight hours following the
notification, but before sunset. During the interval between the notification and the execution, the culprit shall, in so
far as possible, be furnished such assistance as he may request in order to be attended in his last moments by priests
or ministers of the religion he professes and to consult lawyers, as well as in order to make a will and confer with
members of his family or persons in charge of the management of his business, of the administration of his property, or
of the care of his descendants.

Art. 83. Suspension of the execution of the death sentence. The death sentence shall not be inflicted upon a woman
within the three years next following the date of the sentence or while she is pregnant, nor upon any person over
seventy years of age. In this last case, the death sentence shall be commuted to the penalty of reclusion perpetua with
the accessory penalties provided in Article 40.

Art. 84. Place of execution and persons who may witness the same. The execution shall take place in the penitentiary
of Bilibid in a space closed to the public view and shall be witnessed only by the priests assisting the offender and by
his lawyers, and by his relatives, not exceeding six, if he so request, by the physician and the necessary personnel of
the penal establishment, and by such persons as the Director of Prisons may authorize.

Art. 85. Provisions relative to the corpse of the person executed and its burial. Unless claimed by his family, the
corpse of the culprit shall, upon the completion of the legal proceedings subsequent to the execution, be turned over to
the institute of learning or scientific research first applying for it, for the purpose of study and investigation, provided
that such institute shall take charge of the decent burial of the remains. Otherwise, the Director of Prisons shall order
the burial of the body of the culprit at government expense, granting permission to be present thereat to the members
of the family of the culprit and the friends of the latter. In no case shall the burial of the body of a person sentenced to
death be held with pomp.

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.
Destierro is imposed:
1.
2.
3.
4.

When death or serious physical injuries is caused or are inflicted under exceptional circumstances. (Art. 247)
When a person fails to give bond for good behavior. (Art. 284)
As a penalty for the concubine in the crime of concubinage. (Art. 334)
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.

Art. 89. How criminal liability is totally extinguished. Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is
extinguished only when the death of the offender occurs before final judgment.
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in Article 344 of this Code.

Amnesty an act of the sovereign power granting oblivion or a general pardon for a past offense, and is rarely, if ever, exercised in
favor of a single individual, and is usually exerted in behalf of certain classes of persons, who are subject to trial but have not yet
been convicted.
Pardon an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on
whom it is bestowed from the punishment the law inflicts for the crime he has committed.
Amnesty and pardon distinguished:
1.
2.
3.

4.
5.

Pardon includes any crime and is exercised individually by the President; amnesty is a blanket pardon to classes of persons
or communities who may be guilty of political offenses.
Pardon is exercised when the person is already convicted; amnesty may be exercised even before trial or investigation is
had.
Pardon looks forward and relieves the offender from the consequences of an offense of which he has been convicted, that is,
it abolishes or forgives the punishment, and for that reason it does not work the restoration of the rights to hold public
office or the right of suffrage unless such rights be expressly restored by the terms of the pardon. On the other hand,
amnesty looks backward and abolishes and puts into oblivion the offense itself; it so overlooks and obliterates the offense
with which he is charged that the person released by amnesty stands before the law precisely as though he had committed
no offense.
Both do not extinguish the civil liability of the offender.
Pardon, being a private act of the President, must be pleaded and proved by the person pardoned; while amnesty being by
Proclamation of the Chief Executive with the concurrence of Congress, is a public act of which the courts should take judicial
notice.

Prescription of the crime the forfeiture or loss of the right of the State to prosecute the offender after the lapse of a certain
time.
Prescription of the penalty the loss or forfeiture of the right of the Government to execute the final sentence after the lapse of a
certain time.
Two conditions necessary in prescription of penalty:
a.
b.

That there be final judgment.

That the period of time prescribed by law for its enforcement has elapsed.

Art. 90. Prescription of crime. Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe
in twenty years.
Crimes punishable by other afflictive penalties shall prescribe in fifteen years.
Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by
arresto mayor, which shall prescribe in five years.
The crime of libel or other similar offenses shall prescribe in one year.
The crime of oral defamation and slander by deed shall prescribe in six months.
Light offenses prescribe in two months.
When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application of the
rules contained in the first, second and third paragraphs of this article. (As amended by RA 4661, approved June 19,
1966).

Prescriptive periods of offenses punished under special laws and municipal ordinances:
Act no. 3763 amending Ac No. 3326 provides:
1.
2.
3.
4.
5.
6.
7.

Offenses punished only by a fine or by imprisonment for not more than one month, or both, prescribe after 1 year;
Offenses punished by imprisonment for more than one month, but less than two years after 4 years;
Offenses punished by imprisonment for two years or more but less than six years after 8 years;
Offenses punished by imprisonment for six years or more after 12 years;
Offenses under Internal Revenue Law after 5 years;
Violations of municipal ordinances after 2 months;
Violations of the regulations or conditions of certificate of convenience by the Public Service Commission after 2 months.

Art. 91. Computation of prescription of offenses. The period of prescription shall commence to run from the day on
which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by the
filing of the complaint or information, and shall commence to run again when such proceedings terminate without the
accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him.
The term of prescription shall not run when the offender is absent from the Philippine Archipelago.

Art. 92. When and how penalties prescribe. The penalties imposed by final sentence prescribe as follows:
1. Death and reclusion perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor, which prescribes in five
years;
4. Light penalties, in one year.

Art. 93. Computation of the prescription of penalties. The period of prescription of penalties shall commence to run
from the date when the culprit should evade the service of his sentence, and it shall be interrupted if the defendant
should give himself up, be captured, should go to some foreign country with which this Government has no extradition
treaty, or should commit another crime before the expiration of the period of prescription.
Elements:
1.
2.
3.
4.

That the penalty is imposed by final sentence;

That the convict evaded the service of the sentence by escaping during the term of his sentence;
That the convict who 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;
That the penalty has prescribed because of the lapse of time from the date of the evasion of the sentence by the convict.

Art. 94. Partial Extinction of criminal liability. Criminal liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn while he is undergoing preventive imprisonment or serving
his sentence.

Parole it consists in the suspension of a convict after serving the minimum term of the indeterminate penalty without granting a
pardon, prescribing the terms upon which the sentence shall be suspended.

Art. 95. Obligation incurred by person granted conditional pardon. Any person who has been granted conditional
pardon shall incur the obligation of complying strictly with the conditions imposed therein otherwise, his noncompliance with any of the conditions specified shall result in the revocation of the pardon and the provisions of Article
159 shall be applied to him.

Art. 96. Effect of commutation of sentence. The commutation of the original sentence for another of a different
length and nature shall have the legal effect of substituting the latter in the place of the former.

ART. 97. Allowance for good conduct. The good conduct of any offender qualified for credit for preventive
imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in any penal institution, rehabilitation or
detention center or any other local jail shall entitle him to the following deductions from the period of his sentence:
1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each month of good
behavior during detention;
2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of twenty-three
days for each month of good behavior during detention;
3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of
twenty-five days for each month of good behavior during detention;
4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of thirty days for
each month of good behavior during detention; and
5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in addition to
numbers one to four hereof, for each month of study, teaching or mentoring service time rendered.
An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct.

ART. 98. Special time allowance for loyalty. A deduction of one fifth of the period of his sentence shall be granted to
any prisoner who, having evaded his preventive imprisonment or the service of his sentence under the circumstances
mentioned in Article 158 of this Code, gives himself up to the authorities within 48 hours following the issuance of a
proclamation announcing the passing away of the calamity or catastrophe referred to in said article. A deduction of
two-fifths of the period of his sentence shall be granted in case said prisoner chose to stay in the place of his
confinement notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of this Code.

ART. 99. Who grants time allowances. Whenever lawfully justified, the Director of the Bureau of Corrections, the
Chief of the Bureau of Jail Management and Penology and/or the Warden of a provincial, district, municipal or city jail
shall grant allowances for good conduct. Such allowances once granted shall not be revoked

Art. 100. Civil liability of a person guilty of felony. Every person criminally liable for a felony is also civilly liable.

As a general rule, an offense causes two classes of injuries:

1.
2.

Social injury produced by the disturbance and alarm which are the outcome of the offense.
Personal injury, cause to the victim of the crime who may have suffered damage, either to his person, to his property, to his
honor, or to her chastity.

The social injury is sought to be repaired through the imposition of the corresponding penalty; while the personal injury, through
indemnity, which is civil in nature.
Prejudicial question one which arises in a case, the resolution of which is a logical antecedent of the issue involved in said case,
and the cognizance of which pertains to another tribunal. It is based on a fact distinct and separate from the crime but so intimately
connected with it that it determines the guilt or innocence of the accused.
Elements of prejudicial question:
a.
b.

The civil action involves an issue similar or intimately related to the issue raised in the criminal action;
The resolution of such issue determines whether or not the criminal action may proceed.

and

Art. 101. Rules regarding civil liability in certain cases. The exemption from criminal liability established in
subdivisions 1, 2, 3, 5 and 6 of Article 12 and in subdivision 4 of Article 11 of this Code does not include exemption
from civil liability, which shall be enforced subject to the following rules:
First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for acts committed by an imbecile or insane
person, and by a person under nine years of age, or by one over nine but under fifteen years of age, who has acted
without discernment, shall devolve upon those having such person under their legal authority or control, unless it
appears that there was no fault or negligence on their part.

Should there be no person having such insane, imbecile or minor under his authority, legal guardianship or control, or
if such person be insolvent, said insane, imbecile, or minor shall respond with their own property, excepting property
exempt from execution, in accordance with the civil law.
Second. In cases falling within subdivision 4 of Article 11, the persons for whose benefit the harm has been prevented
shall be civilly liable in proportion to the benefit which they may have received.
The courts shall determine, in sound discretion, the proportionate amount for which each one shall be liable.
When the respective shares cannot be equitably determined, even approximately, or when the liability also attaches to
the Government, or to the majority of the inhabitants of the town, and, in all events, whenever the damages have been
caused with the consent of the authorities or their agents, indemnification shall be made in the manner prescribed by
special laws or regulations.
Third. In cases falling within subdivisions 5 and 6 of Article 12, the persons using violence or causing the fears shall be
primarily liable and secondarily, or, if there be no such persons, those doing the act shall be liable, saving always to the
latter that part of their property exempt from execution.

Persons exempted from civil liability:

1.
2.

There is no civil liability in paragraph 4 of Article 12 which provides for injury caused by mere accident.
There is no civil liability in paragraph 7 of Article 12 which provides for failure to perform an act required by law when
prevented by some lawful or insuperable cause.

Art. 102. Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of establishments. In default of the
persons criminally liable, innkeepers, tavernkeepers, and any other persons or corporations shall be civilly liable for
crimes committed in their establishments, in all cases where a violation of municipal ordinances or some general or
special police regulation shall have been committed by them or their employees.
Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft within their houses from
guests lodging therein, or for the payment of the value thereof, provided that such guests shall have notified in
advance the innkeeper himself, or the person representing him, of the deposit of such goods within the inn; and shall
furthermore have followed the directions which such innkeeper or his representative may have given them with
respect to the care and vigilance over such goods. No liability shall attach in case of robbery with violence against or
intimidation of persons unless committed by the innkeeper's employees.

Elements under paragraph 1:

1.
2.
3.

That the innkeeper, tavernkeeper or proprietor of establishment or his employee committed a violation of municipal
ordinance or some general or special police regulation.
That a crime is committed in such inn, tavern or establishment.
That the person criminally liable is insolvent.

Elements under paragraph 2:

1.
2.
3.

The guests notified in advance the innkeeper or the person representing him of the deposit of their goods within the inn or
house.
The guests followed the directions of the innkeeper or his representative with respect to the care of and vigilance over such
goods.
Such goods of the guests lodging therein were taken by robbery with force upon things or theft committee within the inn or
house.

Art. 103. Subsidiary civil liability of other persons. The subsidiary liability established in the next preceding article
shall also apply to employers, teachers, persons, and corporations engaged in any kind of industry for felonies
committed by their servants, pupils, workmen, apprentices, or employees in the discharge of their duties.

Elements:
1.
2.
3.

The employer, teacher, person or corporation is engaged in any kind of industry.

Any of their servants, pupils, workmen, apprentices or employees commits a felony while in the discharge of his duties.
The said employee is insolvent and has not satisfied his civil liability.

Art. 104. What is included in civil liability. The civil liability established in Articles 100, 101, 102, and 103 of this
Code includes:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.

Civil liabilities distinguished from pecuninary liabilities:

Article 104 providing for three forms of civil liabilities and Article 38 providing for the order of payment of pecuniary
liabilities, may be distinguished as follows:
1.
2.
3.

Both include (a) the reparation of the damage caused, and (b) indemnification for consequential damages;
While civil liabilities include restitution, because the latter refer to liabilities to be paid out of the property of the offender. In
restitution, there is nothing to pay in terms of money, as the property unlawfully taken is returned; and
Pecuniary liabilities include (a) fine, and (b) the coses of the proceedings. Civil liabilities do not include them.

Art. 105. Restitution; How made. The restitution of the thing itself must be made whenever possible, with allowance
for any deterioration, or diminution of value as determined by the court.
The thing itself shall be restored, even though it be found in the possession of a third person who has acquired it by
lawful means, saving to the latter his action against the proper person, who may be liable to him.
This provision is not applicable in cases in which the thing has been acquired by the third person in the manner and
under the requirements which, by law, bar an action for its recovery.

Art. 106. Reparation; How made. The court shall determine the amount of damage, taking into consideration the
price of the thing, whenever possible, and its special sentimental value to the injured party, and reparation shall be
made accordingly.

Art. 107. Indemnification; What is included. Indemnification for consequential damages shall include not only those
caused the injured party, but also those suffered by his family or by a third person by reason of the crime.

Art. 108. Obligation to make restoration, reparation for damages, or indemnification for consequential damages and
actions to demand the same; Upon whom it devolves. The obligation to make restoration or reparation for damages
and indemnification for consequential damages devolves upon the heirs of the person liable.
The action to demand restoration, reparation, and indemnification likewise descends to the heirs of the person injured.

Art. 109. Share of each person civilly liable. If there are two or more persons civilly liable for a felony, the courts
shall determine the amount for which each must respond.

Art. 110. Several and subsidiary liability of principals, accomplices and accessories of a felony; Preference in payment.
Notwithstanding the provisions of the next preceding article, the principals, accomplices, and accessories, each
within their respective class, shall be liable severally (in solidum) among themselves for their quotas, and subsidiaries
for those of the other persons liable.
The subsidiary liability shall be enforced, first against the property of the principals; next, against that of the
accomplices, and, lastly, against that of the accessories.
Whenever the liability in solidum or the subsidiary liability has been enforced, the person by whom payment has been
made shall have a right of action against the others for the amount of their respective shares.

Art. 111. Obligation to make restitution in certain cases. Any person who has participated gratuitously in the
proceeds of a felony shall be bound to make restitution in an amount equivalent to the extent of such participation.

Art. 112. Extinction of civil liability. Civil liability established in Articles 100, 101, 102, and 103 of this Code shall be
extinguished in the same manner as obligations, in accordance with the provisions of the Civil Law.

Civil liability is extinguished:

1.
2.
3.
4.
5.
6.

By
By
By
By
By
By

payment or performance;
the loss of the thing due;
the condonation or remission of the debt;
the confusion or merger of the rights of creditor and debtor;
compensation;
novation.

Art. 113. Obligation to satisfy civil liability. Except in case of extinction of his civil liability as provided in the next
preceding article the offender shall continue to be obliged to satisfy the civil liability resulting from the crime
committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other
rights, or has not been required to serve the same by reason of amnesty, pardon, commutation of sentence or any
other reason.

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Chapter One
CRIMES AGAINST NATIONAL SECURITY
Section One. Treason and espionage

Art. 114. Treason. Any person who, owing allegiance to (the United States or) the Government of the Philippine
Islands, not being a foreigner, levies war against them or adheres to their enemies, giving them aid or comfort within
the Philippine Islands or elsewhere, shall be punished by reclusion temporal to death and shall pay a fine not to exceed
P20,000 pesos.
No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on
confession of the accused in open court.
Likewise, an alien, residing in the Philippine Islands, who commits acts of treason as defined in paragraph 1 of this
Article shall be punished by prision mayor to death and shall pay a fine not to exceed P20,000 pesos. (As amended by
E.O. No. 44, May 31, 1945).
Elements of treason:
1.That the offender is a Filipino citizen or an alien residing in the Philippines;
2. That there is a war in which the Philippines is involved;
3. That the offender either
a. levies war against the Government,

or

b. adheres to the enemies, giving them aid or comfort

Treason a breach of allegiance to a government, committed by a person who owes allegiance to it

Allegiance the obligation of fidelity and obedience which the individuals owe to the government under which they live or to their
sovereign, in return for the protection they receive.
Permanent allegiance it consists in the obligation of fidelity and obedience which a citizen or subject owes to his government or
sovereign.
Temporary allegiance the obligation of fidelity and obedience which a resident alien owes to our government.
Two ways or modes of committing treason:
1.
2.

By levying war against the Government.

By adhering to the enemies of the Philippines, giving them aid or comfort.

Meaning of levies war:

Levying war requires the concurrence of two things: (1) that there be an actual assembling of men;
executing a treasonable design by force.

and

(2) for the purpose of

Requirements of the second way or mode of committing treason:

1.
2.

Adherence; and
Giving aid or comfort to the enemy must concur together.
Adherence alone, without giving aid or comfort to the enemy, is not sufficient to constitute treason. Converesely, aid or
comfort alone, without adherence is not treason.

Adherence to the enemy intent to betray. There is adherence to the enemy when a citizen intellectually or emotionally favors
the enemy and harbors sympathies or convictions disloyal to his countrys policy or interest.
Aid or comfort an act which strengthens or tends to strengthen the enemy in the conduct of war against the traitors country and
an act which weakens or tends to weaken the power of the traitors country to resist or to attack the enemy.
Specific acts of aid or comfort constituting treason:
1.
2.
3.
4.

Serving as informer and active member of the Japanese Military Police, arresting guerilla suspects in an attempt to suppress
the underground movement.
Serving in the Japanese Army as agent or spy and participating in the raid of guerilla hideout.
Acting as finger woman when a barrio was zonified by the Japanese, pointing out to the Japanese several men whom
she accused as guerillas.
Taking active part in the mass killing of civilians by the Japanese soldiers by personally ting the hands of the victims.

Ways of proving treason:

A person may be convicted of treason on any of the following evidence only:
1.
2.

Testimony of two witnesses, at least, to the same overt act;

Confession of the accused in open court.

or

Adherence may be proved:

1.
2.
3.

By one witness;
From the nature of the act itself; or
From the circumstances surrounding the act.

Aggravating circumstances in treason:

1.

2.
3.
4.

Cruelty by subjecting guerilla suspects to barbarous forms of torture before putting them to death;
and ignominy, by
stripping the wife of her clothes and then abusing her in the presence of her husband, a guerilla suspect, are aggravating
circumstances in treason.
Rapes, wanton robbery for personal gain, and brutality with which the killing or physical injuries are carried out are
regarded as ignominy and cruelty under paragraphs 17 and 21 of Article 14 of the Code.
But evident premeditation is not aggravating in treason because in treason, adherence and the giving of aid and comfort to
the enemy is usually a long continued process requiring reflective and persistent determination and planning.
Superior strength and treachery are circumstances inherent in treason. Treachery is merged in superior strength. They are
not aggravating in treason.

Defense of suspended allegiance and change of sovereignty not accepted:

Reasons:
a.
b.
c.
d.

A citizen owes an absolute and permanent allegiance to his Government;

The sovereignty of the Government is not transferred ti the enemy by mere occupation;
The subsistence of the sovereignty of the legitimate Government in a territory occupied by the military forces of the enemy
during the war is one of the rules of International Law; and
What is suspended is the exercise of the rights of sovereignty.

Art. 115. Conspiracy and proposal to commit treason; Penalty. The conspiracy or proposal to commit the crime of
treason shall be punished respectively, by prision mayor and a fine not exceeding P10,000 pesos, and prision
correccional and a fine not exceeding P5,000 pesos.

Art. 116. Misprision of treason. Every person owing allegiance to (the United States) the Government of the
Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against them, conceals or does
not disclose and make known the same, as soon as possible to the governor or fiscal of the province, or the mayor or
fiscal of the city in which he resides, as the case may be, shall be punished as an accessory to the crime of treason.
Elements:
1.
2.
3.

That the offender must be owing allegiance to the Government and not a foreigner.
That he has knowledge of any conspiracy ( to commit treason) against the Government.
That he conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the
province or the mayor or fiscal of the city in which he resides.

Art. 117. Espionage. The penalty of prision correccional shall be inflicted upon any person who:
1. Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to obtain any
information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippine
Archipelago; or
2. Being in possession, by reason of the public office he holds, of the articles, data, or information referred to in the
preceding paragraph, discloses their contents to a representative of a foreign nation.
The penalty next higher in degree shall be imposed if the offender be a public officer or employee.
Espionage the offense of gathering, transmitting, or losing information respecting the national defense with intent or reason to
believe that the information to be used to the injury of the Republic of the Philippines or to the advantage of any foreign nation.
Two ways of committing espionage under Article 117:
1.

By entering, without authority therefor, a warship, fort or naval or military establishment or reservation to obtain any
information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines.

Elements:
a.
b.
c.

That the offender enters any of the places mentioned therein;

That he has no authority therefor;
That his purpose is to obtain information, plans, photographs or other dats of a confidential nature relative to the defense of
the Philippines

2.

By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in
paragraph no. 1 of Article 117, which he had in his possession by reason of the public office he holds.

Elements:
a.
b.
c.

That the offender is a public officer;

That he has in possession the articles, data or information referred to in paragraph no. 1 of Article 117, by reason of the
public office he holds;
That he discloses their contents to a representative of a foreign nation.

Other acts punished by Commonwealth Act. No. 616

1.
2.
3.
4.
5.
6.

Using or permitting or procuring the use of an aircraft for the purpose of making photograph, sketch, etc. of vital
installations or equipment of the Armed Forces of the Philippines.
Reproducing, publishing, selling, etc, uncensored copies of photograph, sketch, etc. of the vital military, naval or air post,
camp or station, without permission of the commanding officer.
Injuring or destroying or attempting to injure or destroy war materials, premises or war utilities when the Philippines is at
war.
Making or causing war materials to be made in a defective manner when the Philippines is at war.
Injuring or destroying national defense material, premises or utilities.
Making or causing to be made in a defective manner, or attempting to make or cause to be made in a defective manner,
national defense material.

Espionage distinguished from treason:

Espionage is a crime not conditioned by the citizenship of the offender. This is also true as regards treason, in view of the
amendment to Article 114.
Treason is committed only in time of war, while espionage may be committed both in time of peace and in time of war. Treason is
limited in two ways of committing the crime: levying war and adhering to the enemy giving him aid or comfort; while espionage
may be committed in many ways.
Section Two. Provoking war and disloyalty in case of war

Art. 118. Inciting to war or giving motives for reprisals. The penalty of reclusion temporal shall be imposed upon any
public officer or employee, and that of prision mayor upon any private individual, who, by unlawful or unauthorized
acts provokes or gives occasion for a war involving or liable to involve the Philippine Islands or exposes Filipino
citizens to reprisals on their persons or property.
Elements:
1.
2.

That the offender performs unlawful or unauthorized acts.

That such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to
reprisals on their persons or property.

Art. 119. Violation of neutrality. The penalty of prision correccional shall be inflicted upon anyone who, on the
occasion of a war in which the Government is not involved, violates any regulation issued by competent authority for
the purpose of enforcing neutrality.
Neutrality A nation or power which takes no part in a contest of arms going on between others.

Art. 120. Correspondence with hostile country. Any person who in time of war, shall have correspondence with an
enemy country or territory occupied by enemy troops shall be punished:
1. By prision correccional, if the correspondence has been prohibited by the Government;
2. By prision mayor, if such correspondence be carried on in ciphers or conventional signs; and
3. By reclusion temporal, if notice or information be given thereby which might be useful to the enemy. If the offender
intended to aid the enemy by giving such notice or information, he shall suffer the penalty of reclusion temporal to
death.

Elements:
1.
2.
3.

That it is in time of war in which the Philippines is involved;

That the offender makes correspondence with an enemy country or territory occupied by enemy troops;
That the correspondence is either:
a. Prohibited by the Government, or
b. Carried on in ciphers or conventional signs, or
c. Containing notice or information which might be useful to the enemy

Correspondence communication by means of letters. It may refer to the letters which pass between those who have friendly or
business relations.
Circumstances qualifying the offense:
The following must concur together:
a.
b.

That the notice or information might be useful to the enemy.

That the offender intended to aid the enemy.

Art. 121. Flight to enemy country. The penalty of arresto mayor shall be inflicted upon any person who, owing
allegiance to the Government, attempts to flee or go to an enemy country when prohibited by competent authority.
Elements:
1.
2.
3.
4.

That
That
That
That

there is a war in which the Philippines is involved;

the offender must be owing allegiance to the Government;
the offender attempts to flee or go to enemy country;
going to enemy country is prohibited by competent authority.

Section Three. Piracy and mutiny on the high seas or in Philippine waters
Art. 122. Piracy in general and mutiny on the high seas. The penalty of reclusion temporal shall be inflicted upon any
person who, on the high seas, shall attack or seize a vessel or, not being a member of its complement nor a passenger,
shall seize the whole or part of the cargo of said vessel, its equipment, or personal belongings of its complement or
passengers.
The same penalty shall be inflicted in case of mutiny on the high seas.
Two ways or modes of committing piracy:
1.
2.

By attacking or seizing a vessel on the high seas or in Philippine waters;

By seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its equipment or
personal belongings of its complement or passengers.

Elements of piracy:
1.
2.
3.

That a vessel is on the high seas or in Philippine waters;

That the offenders are not members of its complement or passengers of the vessel;
That the offenders (a) attack or seize that vessel, or (b) seize the whole or part of the cargo of said vessel, its equipment
or personal belongings of its compliment or passengers.

High seas It does not mean that the crime be committed beyond the three-mile limit of any state. It means any waters on the sea
coast which are without the boundaries of low-water mark, although such waters may be in the jurisdictional limits of a foreign
government.
Piracy The robbery or forcible depredation on the high seas without lawful authority and done with animo furandi and in the spirit
and intention of universal hostility.
Mutiny The unlawful resistance to a superior officer or the raising of commotions and disturbances on board a ship against the
authority of its commander.
Piracy distinguished from mutiny:
In piracy, the persons who attack a vessel or seize its cargo are strangers to said vessels, while in mutiny, they are members of the
crew or passengers.
While the intent to gain is essential in the crime of piracy, in mutiny, the offenders may only intend to ignore the ships officers or
they may be prompted by a desire to commit plunder.

Art. 123. Qualified piracy. The penalty of reclusion temporal to death shall be imposed upon those who commit any
of the crimes referred to in the preceding article, under any of the following circumstances:
1. Whenever they have seized a vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving themselves; or
3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape.
Philippine Waters all bodies of water such as but not limited to seas, gulfs, bays around, between and connecting each of the
Islands of the Philippine Archipelago, irrespective of its depth, breadth, length or dimension and all other waters belonging to the
Philippines by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over which
the Philippines has sovereignty or jurisdiction.
Vessel Any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine waters. It
shall include all kinds and types of vessels or boats used in fishing.

Title Two
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
Chapter One
ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES AGAINST RELIGIOUS WORSHIP
Section One. Arbitrary detention and expulsion

Art. 124. Arbitrary detention. Any public officer or employee who, without legal grounds, detains a person, shall
suffer;
1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the detention
has not exceeded three days;
2. The penalty of prision correccional in its medium and maximum periods, if the detention has continued more than
three but not more than fifteen days;
3. The penalty of prision mayor, if the detention has continued for more than fifteen days but not more than six
months; and
4. That of reclusion temporal, if the detention shall have exceeded six months.
The commission of a crime, or violent insanity or any other ailment requiring the compulsory confinement of the
patient in a hospital, shall be considered legal grounds for the detention of any person.
Elements:
1.
2.
3.

That the offender is a public officer or employee

That he detains a person.
That the detention is without legal grounds.

Legal grounds for the detention of any person:

a.
b.

The commission of a crime;

Violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital.

A peace officer or a private person may, without a warrant, arrest a person:

a.
b.
c.

When in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an
offense;
When an offense has in fact just been committed, and he has probable cause to believe based on personal knowledge of
facts and circumstances that the person to be arrested has committed it; and
When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final
judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to
another.

Probable cause such facts and circumstances which could lead a reasonable discreet and prudent man to believe that an offense
has been committed and that the object sought in connection with the offense are in the place sought to be searched. It must be
within the personal knowledge of the complainant or the witnesses he may produce and not based on mere hearsay.

Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. The penalties provided in the
next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal
ground and shall fail to deliver such person to the proper judicial authorities within the period of; twelve (12) hours,
for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses
punishable by correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or offenses punishable by
afflictive or capital penalties, or their equivalent. chan robles virtual law library
In every case, the person detained shall be informed of the cause of his detention and shall be allowed upon his
request, to communicate and confer at any time with his attorney or counsel. (As amended by E.O. Nos. 59 and 272,
Nov. 7, 1986 and July 25, 1987, respectively).
Elements:
1.
2.
3.

That the offender is a public officer or employee.

That he has detained a person for some legal ground.
That he fails to deliver such person to the proper judicial authorities within:
A. twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; or
B. eighteen (18) hours, for crimes or offenses punishable by light penalties, or their equivalent; or
C. thirty-six (36) hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent.

Rights of the person detained:

1. He shall be informed of the cause of his detention; and
2. He shall be allowed, upon his request, to communicate and confer at anytime with his attorney or counsel.
Article 125 distinguished from Article 124:
In arbitrary detention under Article 124, the detention is illegal from the beginning; in arbitrary detention under Article 125, the
detention is legal in the beginning but the illegality of the detention starts from the expiration of any of the periods of time specified
in Article 125, without the detained prisoner having been delivered to te proper judicial authority.

Art. 126. Delaying release. The penalties provided for in Article 124 shall be imposed upon any public officer or
employee who delays for the period of time specified therein the performance of any judicial or executive order for the
release of a prisoner or detention prisoner, or unduly delays the service of the notice of such order to said prisoner or
the proceedings upon any petition for the liberation of such person.
Three acts are punishable under Article 126:
1.
2.
3.

By delaying the performance of a judicial or executive order for the release of a prisoner.
By unduly delaying the service of the notice of such order to said prisoner.
By unduly delaying the proceedings upon any petition for the liberation of such person.

Elements:
1.
2.
3.

That the offender is a public officer or employee;

That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding
upon a petition for the liberation of such person.
That the offender without good reason delays: (1) the service of the notice of such order to the prisoner; or (2) the
performance of such judicial or executive order for the release of the prisoner; or (3) the proceedings upon a petition for
the release of such person.

Art. 127. Expulsion. The penalty of prision correccional shall be imposed upon any public officer or employee who,
not being thereunto authorized by law, shall expel any person from the Philippine Islands or shall compel such person
to change his residence.
Two acts are punishable:
1.
2.

By expelling a person from the Philippines.

By compelling a person to change his residence.

Elements:
a.
b.
c.

That the offender is a public officer or employee.

That he expels any person from the Philippines, or compels a person to change his residence.
That the offender is not authorized to do so by law.

Section Two. Violation of domicile

Art. 128. Violation of domicile. The penalty of prision correccional in its minimum period shall be imposed upon any
public officer or employee who, not being authorized by judicial order, shall enter any dwelling against the will of the
owner thereof, search papers or other effects found therein without the previous consent of such owner, or having
surreptitiously entered said dwelling, and being required to leave the premises, shall refuse to do so.
If the offense be committed in the night-time, or if any papers or effects not constituting evidence of a crime be not
returned immediately after the search made by the offender, the penalty shall be prision correccional in its medium and
maximum periods.
Acts punishable:
1.
2.
3.

By entering any dwelling against the will of the owner thereof; or

By searching papers or other effects found therein without the previous consent of such owner; or
By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave
the same.

Elements common to three acts:

a.
b.

That the offender is a public officer or employee.

That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects.

Circumstances qualifying the offense:

1.
2.

If the offense is committed at nighttime; or

If any papers or effects not constituting evidence of a crime are not returned immediately after the search made by the
offender.

Art. 129. Search warrants maliciously obtained and abuse in the service of those legally obtained. In addition to the
liability attaching to the offender for the commission of any other offense, the penalty of arresto mayor in its maximum
period to prision correccional in its minimum period and a fine not exceeding P1,000 pesos shall be imposed upon any
public officer or employee who shall procure a search warrant without just cause, or, having legally procured the same,
shall exceed his authority or use unnecessary severity in executing the same.
Acts punishable in connection with search warrants:
1.
2.

By procuring a search warrant without just cause.

By exceeding his authority or by using unnecessary severity in executing a search warrant legally procured.

Elements of procuring a search warrant without just cause:

a.
b.
c.

That the offender is a public officer or employee.

That he procures a search warrant.
That there is no just cause.

Search warrant an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace
officer, commanding him to search for personal property described therein and bring it before the court.
Personal property to be seized:
a.
b.
c.

Subject of the offense;

Stolen or embezzled and other proceeds or fruits of the offense;
or
Used or intended to be used as the means of committing an offense.

Requisites for issuing a search warrant:

A search warrant shall not issue except upon probable cause in connection with one specific offense to be determined personally by
the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the things to be seized which may be anywhere in the Philippines.
Test of lack of just cause:
Whether the affidavit filed in support of the application for search warrant has been drawn in such a manner that perjury could be
charged thereon and affiant be held liable for damages caused. The oath required must refer to the truth of the facts within the
personal knowledge of the applicant for search warrant or his witnesses, not of the facts reported to me by a person whom I
consider to be reliable.
Elements of exceeding authority or using unnecessary severity in executing a search warrant legally procured:
a.
b.
c.

That the offender is a public officer or employee.

That he has legally procured a search warrant.
That he exceeds his authority or uses unnecessary severity in executing the same.

Art. 130. Searching domicile without witnesses. The penalty of arresto mayor in its medium and maximum periods
shall be imposed upon a public officer or employee who, in cases where a search is proper, shall search the domicile,
papers or other belongings of any person, in the absence of the latter, any member of his family, or in their default,
without the presence of two witnesses residing in the same locality.
Elements:
1.
2.
3.
4.

That
That
That
That

the offender is a public officer or employee.

he is armed with search warrant legally procured.
he searches the domicile, papers or other belongings of any person.
the owner, or any member of his family, or two witnesses residing in the same locality are not present.

Section Three. Prohibition, interruption and dissolution of peaceful meetings

Art. 131. Prohibition, interruption and dissolution of peaceful meetings. The penalty of prision correccional in its
minimum period shall be imposed upon any public officer or employee who, without legal ground, shall prohibit or
interrupt the holding of a peaceful meeting, or shall dissolve the same.
The same penalty shall be imposed upon a public officer or employee who shall hinder any person from joining any
lawful association or from attending any of its meetings.
The same penalty shall be imposed upon any public officer or employee who shall prohibit or hinder any person from
addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress
of grievances.
What are the acts punished in connection with peaceful meetings, associations and petitions?
1.
2.
3.

By prohibiting or by interrupting without legal ground, the holding of a peaceful meeting, or by dissolving the same.
By hindering any person from joining any lawful association or from attending any of its meetings.
By prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities
for the correction of abuses or redress of grievances.

Elements common to the three acts punishable:

1.
2.

That the offender is a public officer or employee; and

That he performs any of the acts mentioned above.

Section Four. Crimes against religious worship

Art. 132. Interruption of religious worship. The penalty of prision correccional in its minimum period shall be
imposed upon any public officer or employee who shall prevent or disturb the ceremonies or manifestations of any
religion.
If the crime shall have been committed with violence or threats, the penalty shall be prision correccional in its medium
and maximum periods.
Elements:
1.
2.
3.

That the offender is a public officer or employee.

That religious ceremonies or manifestations of any religion are about to take place or are going on.
That the offender prevents or disturbs the same.

Art. 133. Offending the religious feelings. The penalty of arresto mayor in its maximum period to prision correccional
in its minimum period shall be imposed upon anyone who, in a place devoted to religious worship or during the
celebration of any religious ceremony shall perform acts notoriously offensive to the feelings of the faithful.
Elements:
1.
2.

That the acts complained of were performed (1) in a place devoted to religious worship, or (2) during the celebration of any
religious ceremony.
That the acts must be notoriously offensive to the feelings of the faithful.

Title Three
CRIMES AGAINST PUBLIC ORDER
Chapter One
REBELLION, SEDITION AND DISLOYALTY

Art. 134. Rebellion or insurrection; How committed. The crime of rebellion or insurrection is committed by rising
publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government
or its laws, the territory of the Philippine Islands or any part thereof, of any body of land, naval or other armed forces,
depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives. (As
amended by R.A. 6968).
Elements:
1.
2.

That there be (a) public uprising, and (b) taking arms against the Government.
That the purpose of the uprising or movement is either
A. to remove from the allegiance to said Government or its laws:
1. the territory of the Philippines or any part thereof; or
2. any body of land, naval or other armed forces; or
B. to deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives.

Rebellion and insurrection are not synonymous:

Rebellion is more frequently used where the object of the movement is completely to overthrow and supersede the existing
government; while the term insurrection is more commonly employed in reference to a movement which seeks merely to effect
some change of minor importance, or to prevent the exercise of governmental authority with respect to particular matters or
subjects.
Rebellion distinguished from Treason:
a. The levying of war against the Government would constitute treason when performed to aid the enemy. It would also
constitute an adherence to the enemy, giving him aid and comfort.
The levying of war against the Government during peace time for any of the purposes mentioned in Article 134 is
rebellion.
b. Rebellion always involves taking up arms against the Government; treason may be committed by mere adherence to the
enemy giving him aid or comfort.
Acts punishable as terrorism under R.A no. 9372:
a.
b.
c.
d.
e.
f.

Article 122;
Article 134;
Article 134-A;
Article 248;
Article 267;
Article 324 or under:
1. Presidential Decree no. 1613 (The Law on Arson);
2. Republic Act no. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
3. Republic Act no. 5207 (Atomic Energy regulatory and Liability Act of 1968);
4. Republic Act no. 6235 (Anti-Hijacking Law);
5. Presidential Decree no. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and
6. Presidential Decree no. 1866 as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, manufacture,
Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives).

Article 134-A. Coup d'etat; How committed. The crime of coup d'etat is a swift attack accompanied by violence,
intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines,
or any military camp or installation, communications network, public utilities or other facilities needed for the exercise
and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or
persons, belonging to the military or police or holding any public office of employment with or without civilian support
or participation for the purpose of seizing or diminishing state power. (As amended by R.A. 6968).
Elements:
1.
2.
3.

4.

That the offender is a person or persons belonging to the military or police or holding any public office or employment;
That it is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or stealth;
That the attack is directed against duly constituted authorities of the Republic of the Philippines, or any military camp or
installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of
power;
That the purpose of the attack is to seize or diminish state power.

Art. 135. Penalty for rebellion, insurrection or coup d'etat. Any person who promotes, maintains, or heads rebellion
or insurrection shall suffer the penalty of reclusion perpetua.
Any person merely participating or executing the commands of others in a rebellion shall suffer the penalty of reclusion
temporal.
Any person who leads or in any manner directs or commands others to undertake a coup d'etat shall suffer the penalty
of reclusion perpetua.
Any person in the government service who participates, or executes directions or commands of others in undertaking a
coup d'etat shall suffer the penalty of prision mayor in its maximum period.
Any person not in the government service who participates, or in any manner supports, finances, abets or aids in
undertaking a coup d'etat shall suffer the penalty of reclusion temporal in its maximum period.
When the rebellion, insurrection, or coup d'etat shall be under the command of unknown leaders, any person who in
fact directed the others, spoke for them, signed receipts and other documents issued in their name, as performed
similar acts, on behalf or the rebels shall be deemed a leader of such a rebellion, insurrection, or coup d'etat. (As
amended by R.A. 6968, approved on October 24, 1990).
Who are liable for rebellion, insurrection and/or coup detat:
A.

B.

The leaders
i.
Any person who (a) promotes, (b) maintains, or (c) heads a rebellion or insurrection; or
ii.
Any person who (a) leads, (b) directs, or (c) commands others to undertake a coup detat.
The participants
i.
Any person who (a) participates, or (b) executes the commands of others in rebellion, or insurrection;
ii.
Any person in the government service who (a) participates, or (b) executes directions or commands of others in
undertaking a coup detat;
iii.
Any person not in the government service who (a) participates, (b) supports, (c) finances, (d) abets, or (e) aids in
undertaking a coup detat.

Art. 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection. The conspiracy and proposal to
commit coup d'etat shall be punished by prision mayor in minimum period and a fine which shall not exceed eight
thousand pesos (P8,000.00).
The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by prision correccional
in its maximum period and a fine which shall not exceed five thousand pesos (P5,000.00) and by prision correccional in
its medium period and a fine not exceeding two thousand pesos (P2,000.00). (As amended by R.A. 6968, approved
October 24, 1990).
Conspiracy and proposal to commit rebellion are two different crimes:
1.
2.

Conspiracy to commit rebellion, and

Proposal to commit rebellion.

There is conspiracy to commit rebellion when two or more persons come to an agreement to rise publicly and take arms against the
Government for any of the purposes of rebellion and decide to commit it.
There is proposal to commit rebellion when the person who has decided to rise publicly and take arms against the Government for
any of the purposes of rebellion proposes its execution to some other person or persons.

Art. 137. Disloyalty of public officers or employees. The penalty of prision correccional in its minimum period shall be
imposed upon public officers or employees who have failed to resist a rebellion by all the means in their power, or shall
continue to discharge the duties of their offices under the control of the rebels or shall accept appointment to office
under them. (Reinstated by E.O. No. 187).
Acts of disloyalty which are punished:
1.
2.
3.

By failing to resist a rebellion by all the means in their power; or

By continuing to discharge the duties of their offices under the control of the rebels;
By accepting appointment to office under them.

or

Art. 138. Inciting a rebellion or insurrection. The penalty of prision mayor in its minimum period shall be imposed
upon any person who, without taking arms or being in open hostility against the Government, shall incite others to the
execution of any of the acts specified in article 134 of this Code, by means of speeches, proclamations, writings,
emblems, banners or other representations tending to the same end. (Reinstated by E.O. No. 187).
Elements:
1.
2.

That the offender does not take arms or is not in open hostility against the Government;
That he incites others to the execution of any of the acts of rebellion;

3.

That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending
to the same end.

Inciting to rebellion distinguished from proposal to commit rebellion:

1.
2.
3.

In both crimes, the offender induces another to commit rebellion.

In proposal, the person who proposes has decided to commit rebellion; in inciting to rebellion, it is not required that the
offender has decided to commit rebellion.
In proposal, the person who proposes the execution of the crime uses secret means; in inciting to rebellion, the act of
inciting is done publicly.

Art. 139. Sedition; How committed. The crime of sedition is committed by persons who rise publicly and
tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any of the following
objects:
1. To prevent the promulgation or execution of any law or the holding of any popular election;
2. To prevent the National Government, or any provincial or municipal government or any public officer thereof from
freely exercising its or his functions, or prevent the execution of any administrative order;
3. To inflict any act of hate or revenge upon the person or property of any public officer or employee;
4. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and
5. To despoil, for any political or social end, any person, municipality or province, or the National Government (or the
Government of the United States), of all its property or any part thereof.
Elements:
1.
2.
3.

That the offenders rise (1) publicly, and (2) tumultuously;

That they employ force, intimidation, or other means outside of legal methods;
That the offenders employ any of those means to attain any of the following objects:
a. To prevent the promulgation or execution of any law of the holding of any popular election;
b. To prevent the National Government or any provincial or municipal government, or any public officer thereof from freely
exercising its or his functions, or prevent the execution of any administrative order;
c. To inflict any act of hate or revenge upon the person or property of any public officer or employee;
d. To commit for any political or social end, any act of hate or revenge against private persons or any social class; and
e. To despoil, for any political or social end, any person, municipality or province, or the National Government of all its
property or any part thereof.

Sedition distinguished from treason:

Treason, in its more general sense, is the violation by a subject of his allegiance to his sovereign or liege, lord, or to the supreme
authority of the State. Sedition, in its more general sense, is the raising of commotions or disturbances in the State.

Art. 140. Penalty for sedition. The leader of a sedition shall suffer the penalty of prision mayor in its minimum period
and a fine not exceeding 10,000 pesos.
Other persons participating therein shall suffer the penalty of prision correccional in its maximum period and a fine not
exceeding 5,000 pesos. (Reinstated by E.O. No. 187).
Persons liable for sedition:
1.
2.

The leader of the sedition, and

Other persons participating in the sedition.

Art. 141. Conspiracy to commit sedition. Persons conspiring to commit the crime of sedition shall be punished by
prision correccional in its medium period and a fine not exceeding 2,000 pesos. (Reinstated by E.O. No. 187).

Art. 142. Inciting to sedition. The penalty of prision correccional in its maximum period and a fine not exceeding
2,000 pesos shall be imposed upon any person who, without taking any direct part in the crime of sedition, should
incite others to the accomplishment of any of the acts which constitute sedition, by means of speeches, proclamations,
writings, emblems, cartoons, banners, or other representations tending to the same end, or upon any person or
persons who shall utter seditious words or speeches, write, publish, or circulate scurrilous libels against the
Government (of the United States or the Government of the Commonwealth) of the Philippines, or any of the duly
constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in executing the functions of his
office, or which tend to instigate others to cabal and meet together for unlawful purposes, or which suggest or incite
rebellious conspiracies or riots, or which lead or tend to stir up the people against the lawful authorities or to disturb
the peace of the community, the safety and order of the Government, or who shall knowingly conceal such evil
practices. (Reinstated by E.O. No. 187).

Different acts of inciting sedition:

1.
2.
3.

Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations,
writings, emblems, etc.
Uttering seditious words or speeches which tend to disturb the public peace.
Writing, publishing or circulating scurrilous libels published have the tendency to disturb any lawful officer in executing the
functions of office, etc, it is not necessary to constitute a violation of Article 142, that the purpose of the offender is to
accomplish any of the objects of sedition. The second part of Article 142, which defines the other modes of committing the
crime of inciting to sedition, does not require it.

Inciting to sedition to accomplish any of its objects (Elements):

1.
2.
3.

That the offender does not take direct part in the crime of sedition.
That he incites others to the accomplishment of any of the acts which constitute sedition.
That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other
representations tending to the same end.

Uttering seditious words or speeches and writing, publishing or circulating scurrilous libels are punishable, when:
1.
2.
3.
4.

They tend to disturb or obstruct any lawful officer in executing the functions of his office; or
They tend to instigate others to cabal and meet together for unlawful purposes; or
They suggest or incite rebellious conspiracies or riots; or
They lend or tend to stir up the people against the unlawful authorities or to disturb the peace of the community, the safety
and order of the Government.

Two rules relative to seditious words:

1.

The Clear and Present Danger Rule.

The words must be of such a nature that by uttering them there is a danger of a public uprising and that such danger
should be both clear and imminent.
Under the clear and present danger rule, it is required that there must be reasonable ground to believe that the danger
apprehended is imminent and that the evil to be prevented is a serious one. There must be the probability of serious injury
to the State,
Present refers to the time element. It used to be identified with imminent and immediate danger. The danger must not only
be probable but very likely inevitable.

2.

The Dangerous Tendency Rule.

If the words used to tend to create a danger of public uprising, then those words could properly be the subject of a penal
clause.
Under the dangerous tendency rule, there is inciting to sedition when the words uttered or published could easily produce
disaffection among the people and a state of feeling in them incompatible with a disposition to remain loyal to the
Government and obedient to the laws.

Chapter Two
CRIMES AGAINST POPULAR REPRESENTATION
Section One. Crimes against legislative bodies and similar bodies

Art. 143. Act tending to prevent the meeting of the Assembly and similar bodies. The penalty of prision correccional
or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any person who, by force or fraud, prevents
the meeting of the National Assembly (Congress of the Philippines) or of any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or
board. (Reinstated by E.O. No. 187).
Elements:
1.
2.

That there be a projected or actual meeting of the National Assembly or any of its committees or subcommittees,
constitutional committees or divisions thereof, or of any provincial board or city or municipal council or board.
That the offender who may be any person prevents such meeting by force or fraud.

Art. 144. Disturbance of proceedings. The penalty of arresto mayor or a fine from 200 to 1,000 pesos shall be
imposed upon any person who disturbs the meetings of the National Assembly (Congress of the Philippines) or of any
of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any
provincial board or city or municipal council or board, or in the presence of any such bodies should behave in such
manner as to interrupt its proceedings or to impair the respect due it. (Reinstated by E.O. No. 187).

Elements:
1.
2.

That there be a meeting of the National Assembly or any of its committees or subcommittees, constitutional commissions or
committees or divisions thereof, or of any provincial board or city or municipal council or board.
That the offender does any of the following acts:
a. He disturbs any of such meetings.
b. He behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the
respect due it.

Section Two. Violation of parliamentary immunity

Art. 145. Violation of parliamentary immunity. The penalty of prision mayor shall be imposed upon any person who
shall use force, intimidation, threats, or fraud to prevent any member of the National Assembly (Congress of the
Philippines) from attending the meetings of the Assembly (Congress) or of any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, from expressing his opinions or casting his vote; and
the penalty of prision correccional shall be imposed upon any public officer or employee who shall, while the Assembly
(Congress) is in regular or special session, arrest or search any member thereof, except in case such member has
committed a crime punishable under this Code by a penalty higher than prision mayor.
Acts punishable under Article 145:
1.

By using force, intimdation, threats, or frauds to preveny any member of the National Asssembly from (1) attending the
meetings of the Assembly or of any of its committees or subcommittees, constitutional commissions or committees or
divisions thereof, or from (2) expressing his opinions, or (3) casting his vote.
Elements:
1.
2.

That the offender uses force, intimidation, threats or fraud;

That the purpose of the offender is to prevent any member of the National Assembly from:
a. Attending the meetings of the assembly or of any of its committees or constitutional commissions, etc; or
b. Expressing his opinions; or
c. Casting his vote.

Note: The offender is any person.

2.

By arresting or searching any member thereof while the National Assembly is in regular or special session, except in case
such member has committed a crime punishable under the Code by a penalty higher than prision mayor.
Elements:
1. That the offender is a public officer or employee;
2. That he arrests or searches any member of the National Assembly;
3. That the Assembly, at the time of arrest or search, is in regular or special session;
4. That the member arrested or searched has not committed a crime punishable under the Code by a penalty higher than
prision mayor.

Chapter Three
ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Art. 146. Illegal assemblies. The penalty of prision correccional in its maximum period to prision mayor in its
medium period shall be imposed upon the organizers or leaders of any meeting attended by armed persons for the
purpose of committing any of the crimes punishable under this Code, or of any meeting in which the audience is incited
to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or
his agents. Persons merely present at such meeting shall suffer the penalty of arresto mayor, unless they are armed, in
which case the penalty shall be prision correccional. chan robles virtual law library
If any person present at the meeting carries an unlicensed firearm, it shall be presumed that the purpose of said
meeting, insofar as he is concerned, is to commit acts punishable under this Code, and he shall be considered a leader
or organizer of the meeting within the purview of the preceding paragraph.
As used in this article, the word "meeting" shall be understood to include a gathering or group, whether in a fixed
place or moving. (Reinstated by E.O. No. 187).
What are illegal assemblies:
1.

Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Code.
Requisites:
a. That there is a meeting, a gathering or group of person, whether in a fixed place or moving;
b. That the meeting is attended by armed persons;
c. That the purpose of the meeting is to commit any of the crimes punishable under the Code.

2.

Any meeting in which the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or
insurrection, sedition or direct assault

Persons liable for illegal assembly:

1.
2.

The organizers or leaders of the meeting.

Persons merely present at the meeting.

Responsibility of persons merely present at the meeting:

1.
2.

If they are not armed, the penalty is arresto mayor.

If they carry arms, like bolos or knives or licensed firearms, the penalty is prision correccional.

If any persons present at the meeting carries an unlicensed firearm:

1.
2.

It is presumed that the purpose of the meeting insofar as he is concerned, is to commit acts punishable under the Code;
and
He is considered a leader or organizer of the meeting.

Art. 147. Illegal associations. The penalty of prision correccional in its minimum and medium periods and a fine not
exceeding 1,000 pesos shall be imposed upon the founders, directors, and presidents of associations totally or partially
organized for the purpose of committing any of the crimes punishable under this Code or for some purpose contrary to
public morals. Mere members of said associations shall suffer the penalty of arresto mayor. (Reinstated by E.O. No.
187).
What are illegal associations:
1.
2.

Associations totally or partially organized for the purpose of committing any of the crimes punishable under the Code.
Associations totally or partially organized for some purpose contrary to public morals

Persons liable for illegal association:

1.
2.

Founders, directors and president of the association.

Mere members of the association.

Illegal association distinguished from illegal assembly:

a.

b.

c.

In illegal assembly, it is necessary that there is an actual meeting or assembly of armed persons for the purpose of
committing any of the crimes punishable under the Code, or of individuals who, although not armed, are incited to the
commission of treason, rebellion, sedition or assault upon a person in authority or his agent; in illegal association, it is not
necessary that there be an actual meeting.
In illegal assembly, it is the meeting and attendance at such meeting that are punished; in illegal associations, it is the act
of forming or organizing and membership in the association that are punished; in illegal associations, it is the act of forming
or organizing and membership in the association that are punished.
In illegal assembly, the persons liable are: (1) the organizers or leaders of the meeting, and (2) the persons present at
meeting. In illegal association, the persons liable are: (1) the founders, directors and president, and (2) the members.

Chapter Four
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE
TO, PERSONS IN AUTHORITY AND THEIR AGENTS

Art. 148. Direct assaults. Any person or persons who, without a public uprising, shall employ force or intimidation for
the attainment of any of the purpose enumerated in defining the crimes of rebellion and sedition, or shall attack,
employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the
performance of official duties, or on occasion of such performance, shall suffer the penalty of prision correccional in its
medium and maximum periods and a fine not exceeding P1,000 pesos, when the assault is committed with a weapon or
when the offender is a public officer or employee, or when the offender lays hands upon a person in authority. If none
of these circumstances be present, the penalty of prision correccional in its minimum period and a fine not exceeding
P500 pesos shall be imposed.
Two ways of committing the crime of direct assaults:
1.
2.

Without public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining
the crimes of rebellion and sedition.
Without public uprising, by attacking, by employing force, or by serious resisting any person in authority or any of his
agents, while engaged in the performance of official duties, or on the occasion of such performance.

Elements of the first form of assault:

1.

That the offender employs force or intimidation.

2.
3.

That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects in the crime of
sedition.
That there is no public uprising.

Art. 149. Indirect assaults. The penalty of prision correccional in its minimum and medium periods and a fine not
exceeding P500 pesos shall be imposed upon any person who shall make use of force or intimidation upon any person
coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes defined in the
next preceding article.
Art. 150. Disobedience to summons issued by the National Assembly, its committees or subcommittees, by the
Constitutional Commissions, its committees, subcommittees or divisions. The penalty of arresto mayor or a fine
ranging from two hundred to one thousand pesos, or both such fine and imprisonment shall be imposed upon any
person who, having been duly summoned to attend as a witness before the National Assembly, (Congress), its special
or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees, or
divisions, or before any commission or committee chairman or member authorized to summon witnesses, refuses,
without legal excuse, to obey such summons, or being present before any such legislative or constitutional body or
official, refuses to be sworn or placed under affirmation or to answer any legal inquiry or to produce any books, papers,
documents, or records in his possession, when required by them to do so in the exercise of their functions. The same
penalty shall be imposed upon any person who shall restrain another from attending as a witness, or who shall induce
disobedience to a summon or refusal to be sworn by any such body or official.
Art. 151. Resistance and disobedience to a person in authority or the agents of such person. The penalty of arresto
mayor and a fine not exceeding 500 pesos shall be imposed upon any person who not being included in the provisions
of the preceding articles shall resist or seriously disobey any person in authority, or the agents of such person, while
engaged in the performance of official duties.
When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of arresto menor or a
fine ranging from 10 to P100 pesos shall be imposed upon the offender.
Art. 152. Persons in authority and agents of persons in authority; Who shall be deemed as such. In applying the
provisions of the preceding and other articles of this Code, any person directly vested with jurisdiction, whether as an
individual or as a member of some court or governmental corporation, board, or commission, shall be deemed a person
in authority. A barrio captain and a barangay chairman shall also be deemed a person in authority.
A person who, by direct provision of law or by election or by appointment by competent authority, is charged with the
maintenance of public order and the protection and security of life and property, such as a barrio councilman, barrio
policeman and barangay leader and any person who comes to the aid of persons in authority, shall be deemed an agent
of a person in authority.
In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and persons charged with the
supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual
performance of their professional duties or on the occasion of such performance, shall be deemed persons in authority.
(As amended by PD No. 299, Sept. 19, 1973 and Batas Pambansa Blg. 873, June 12, 1985).
Chapter Five
PUBLIC DISORDERS

Art. 153. Tumults and other disturbance of public orders; Tumultuous disturbance or interruption liable to cause
disturbance. The penalty of arresto mayor in its medium period to prision correccional in its minimum period and a
fine not exceeding 1,000 pesos shall be imposed upon any person who shall cause any serious disturbance in a public
place, office, or establishment, or shall interrupt or disturb public performances, functions or gatherings, or peaceful
meetings, if the act is not included in the provisions of Articles 131 and 132.
The penalty next higher in degree shall be imposed upon persons causing any disturbance or interruption of a
tumultuous character.
The disturbance or interruption shall be deemed to be tumultuous if caused by more than three persons who are armed
or provided with means of violence.
The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, or public place, shall
make any outcry tending to incite rebellion or sedition or in such place shall display placards or emblems which
provoke a disturbance of the public order.
The penalty of arresto menor and a fine not to exceed P200 pesos shall be imposed upon these persons who in
violation of the provisions contained in the last clause of Article 85, shall bury with pomp the body of a person who has
been legally executed.
Art. 154. Unlawful use of means of publication and unlawful utterances. The penalty of arresto mayor and a fine
ranging from P200 to P1,000 pesos shall be imposed upon:
1. Any person who by means of printing, lithography, or any other means of publication shall publish or cause to be
published as news any false news which may endanger the public order, or cause damage to the interest or credit of
the State;

2. Any person who by the same means, or by words, utterances or speeches shall encourage disobedience to the law or
to the constituted authorities or praise, justify, or extol any act punished by law;
3. Any person who shall maliciously publish or cause to be published any official resolution or document without proper
authority, or before they have been published officially; or
4. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed books, pamphlets,
periodicals, or leaflets which do not bear the real printer's name, or which are classified as anonymous.
Art. 155. Alarms and scandals. The penalty of arresto menor or a fine not exceeding P200 pesos shall be imposed
upon:
1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosives
calculated to cause alarm or danger;
2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to
another or prejudicial to public tranquility;
3. Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb
the public peace; or
4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided
that the circumstances of the case shall not make the provisions of Article 153 applicable.
Art. 156. Delivery of prisoners from jails. The penalty of arresto mayor in its maximum period of prision correccional
in its minimum period shall be imposed upon any person who shall remove from any jail or penal establishment any
person confined therein or shall help the escape of such person, by means of violence, intimidation, or bribery. If other
means are used, the penalty of arresto mayor shall be imposed.
If the escape of the prisoner shall take place outside of said establishments by taking the guards by surprise, the same
penalties shall be imposed in their minimum period.
Chapter Six
EVASION OF SERVICE OF SENTENCE

Art. 157. Evasion of service of sentence. The penalty of prision correccional in its medium and maximum periods
shall be imposed upon any convict who shall evade service of his sentence by escaping during the term of his
imprisonment by reason of final judgment. However, if such evasion or escape shall have taken place by means of
unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors, or by using picklocks, false keys, deceit,
violence or intimidation, or through connivance with other convicts or employees of the penal institution, the penalty
shall be prision correccional in its maximum period.
Art. 158. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or other calamities.
A convict who shall evade the service of his sentence, by leaving the penal institution where he shall have been
confined, on the occasion of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or
during a mutiny in which he has not participated, shall suffer an increase of one-fifth of the time still remaining to be
served under the original sentence, which in no case shall exceed six months, if he shall fail to give himself up to the
authorities within forty-eight hours following the issuance of a proclamation by the Chief Executive announcing the
passing away of such calamity.
Convicts who, under the circumstances mentioned in the preceding paragraph, shall give themselves up to the
authorities within the above mentioned period of 48 hours, shall be entitled to the deduction provided in Article 98.

Art. 159. Other cases of evasion of service of sentence. The penalty of prision correccional in its minimum period
shall be imposed upon the convict who, having been granted conditional pardon by the Chief Executive, shall violate
any of the conditions of such pardon. However, if the penalty remitted by the granting of such pardon be higher than
six years, the convict shall then suffer the unexpired portion of his original sentence.
Chapter Seven
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE

Art. 160. Commission of another crime during service of penalty imposed for another offense; Penalty. Besides the
provisions of Rule 5 of Article 62, any person who shall commit a felony after having been convicted by final judgment,
before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the
penalty prescribed by law for the new felony. chan robles virtual law library
Any convict of the class referred to in this article, who is not a habitual criminal, shall be pardoned at the age of
seventy years if he shall have already served out his original sentence, or when he shall complete it after reaching the
said age, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency.