Criminal Law
SUMMER REVIEWER
Principles of
Public
International Law
Ex:
sovereigns and
other chiefs of
state
BOOK I
Ambassadors,
ministers
plenipotentiary,
minister resident
CRIMINAL LAW
A branch of
municipal law
which defines
crimes, treats of
their nature and
provides for their
punishment.
Characteristics
of Criminal Law:
General binding
on all persons
who reside or
sojourn in the
Philippines
Exceptions:
Treaty Stipulation
Laws of
Preferential
Application
and charges
daffaires
(BUT consuls,
vice-consuls and
other foreign
commercial
representatives
CANNOT claim
the privileges and
immunities
accorded to
ambassadors and
ministers.)
Territorial
penal laws of the
Philippines are
enforceable only
within its territory
Exceptions: (Art.
2 of RPC
binding even on
crimes committed
outside the
Philippines)
retroactive effect.
offense
committed while
on a Philippine
ship or airship
forging or
counterfeiting any
coin or currency
note of the
Philippines or
obligations and
the securities
issued
by the
Government
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the
Exception: when
the law is
favorable to the
accused
Exceptions to
the Exception:
above-mentioned
obligations and
securities
Prospective
the law does not
have any
Theories of
Criminal Law:
Classical Theory
basis is mans
free will to choose
between good
and evil, that is
why more stress
is placed upon
the result of the
felonious act than
upon the criminal
himself. The
purpose of
penalty is
retribution. The
RPC is generally
governed by this
theory.
Positivist Theory
basis is the sum
of social and
economic
phenomena
which conditions
man to do wrong
in spite of or
contrary to his
volition. This is
exemplified in the
provisions on
impossible crimes
and habitual
delinquency.
Mixed Theory
combination of
the classical and
positivist theories
wherein crimes
that are economic
and social in
nature should be
dealt in a positive
manner. The law
is thus more
compassionate.
an act is criminal
only when made
so by the statute
In cases of
conflict with
official translation,
original Spanish
text is controlling,
No interpretation
by analogy.
LIMITATIONS ON
POWER OF
CONGRESS TO
ENACT PENAL
LAWS:
Liberally
construed in favor
of offender Ex:
bill of attainder
law that violates
the equal
protection clause
of the constitution
law which
imposes cruel
and unusual
punishments nor
excessive fines
Gomez
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BOOK ONE
RULES:
Philippine vessel
or airship
Philippine law shall
apply to offenses
committed in
vessels registered
with the Philippine
Bureau of
Customs. It is the
registration, not
the citizenship of
the owner which
matters.
Foreign vessel
a. French Rule
GENERAL
PROVISIONS
ART.1: TIME
WHEN ACT
TAKES EFFECT
ART. 2:
APPLICATION
OF ITS
PROVISIONS
General Rule:
Crimes committed
aboard a foreign
vessel within the
territorial waters of
a country are NOT
triable in the courts
of such country.
Exception:
commission
affects the peace
and security of the
territory, or the
safety of the state
is endangered.
b. English Rule
General Rule:
Crimes committed
aboard a foreign
vessel within the
territorial waters of
a country are
triable in the
courts of such
country.
Exception: When
the crime merely
affects things
within the vessel
or it refers to the
internal
management
thereof.
Act an overt or
external act
*This is
applicable in the
Philippines.
Title One:
FELONIES AND
CIRCUMSTANCE
S
Omission failure
to perform a duty
required by law
ELEMENTS:
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AFFECTTIFF(Uncompressed)C
RIMINALdecompressorLIABI
LITY
Chapter One:
FELONIES
Felonies acts
and omissions
punishable by the
Revised Penal
Code
there must be an
act or omission
this must be
punishable by the
RPC
act or omission
was done by
means of dolo or
culpa
NULLUM
CRIMEN, NULLA
POENA SINE
LEGE
There is no crime
when there is no
law punishing it.
Classification Of
Felonies
According To
The Means By
Which They Are
Committed:
carelessness by
the accused
Culpable
Felonies- by
means of fault
(culpa)
Requisites:
freedom
intelligence
Intentional
Felonies- by
means of deceit
(dolo)
negligence (lack of
foresight) and
imprudence (lack
of skill)
Requisites:
freedom
intelligence
intent.
MISTAKE OF
FACT
misapprehension
of fact on the part
of the person who
caused injury to
another. He is not
criminally liable.
Requisites:
the act done
would have been
lawful had the
facts been as the
accused
believed them to
be bintention is
lawful
mistake must be
without fault or
MALA IN SE v.
MALA
PROHIBITA
Mala in se
Mala Prohibita
valid
defense,
moral trait of
considered
not considered
not
a
defense;
offender
defense
intent
not
necessary-
good faith as a
sufficient
that
the
the
act
prohibited
offender
has
the
intent to perpetrate
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mitigating
and
GENERALLY not
aggravating
of
taken into account
taken into account
accomplishme
in imposing penalty
taken into account
circumstance
only
when
nt of the crime
consummated
degree
laws violated
of
when there is more
General
GENERALLY not
Rule:
participation
General
Rule:
RPC
it
Special
is
Penal
taken
into
Laws
consideration
INTENT v.
MOTIVE
a result
Intent
Motive
purpose
element of crime
except
to
not an element
use
a
moving power
which
impels
particular means to
effect
one to act
in crimes committed
with
culpa
essential
ART. 4:
CRIMINAL
LIABILITY
in
intentional
essential only when
the identity
felonies
Par.1 Criminal
liability for a
felony
committed
different from
that intended to
be committed
Requisites:
injury or damage
done to the other
party is
the direct, natural
and logical
consequence of
the felony
Hence, since he
is still motivated
by criminal intent,
the offender is
criminally liable in:
Error in
personae
mistake in identity
Abberatio ictus
mistake in blow
3. Praetor
intentionemQuickTieand
lacka of intent to
commit so gravearendeda
wrongtoseethispicture.
PROXIMATE
CAUSE the
cause, which in
the natural and
continuous
sequence
unbroken by any
efficient
intervening cause,
produces the
injury, without
which the result
would not have
occurred
There was
criminal intent.
Accomplishment
is inherently
impossible; or
inadequate or
ineffectual means
are employed.
Act is not an
actual violation of
another provision
of the Code or of
special law.
Impossible crime
occurs when
there is:
inherent
impossibility to
commit the crime
inadequate
means to
consummate the
crime
ineffectual means
to consummate
the crime
Par. 2 Impossible
Crime
Requisites:
Art. 5: Duty of
the court in
connection with
acts which
should be
repressed but
which are not
covered by the
Note: Paragraph
2 does not apply
to crimes
punishable by
special law,
including
profiteering, and
illegal possession
of firearms or
drugs. There can
be no executive
clemency for
these crimes.
ART. 6:
CONSUMMATED
, FRUSTRATED,
AND
ATTEMPTED
FELONIES
STAGES OF
EXECUTION:
CONSUMMATED
when all the
elements
necessary for its
execution and
accomplishment
are present
Page 3 of 174
FRUSTRATED
Elements:
offender performs
all acts of
execution
all these acts
would produce
the felony as a
consequence
BUT the felony is
NOT produced
by reason of
causes
independent of
the will of the
perpetrator
ATTEMPTED
Elements:
offender
commences the
felony directly by
overt acts
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execution
are
present
Attempted
Frustrated
execution
are
Consummated
started
present
Overt
acts
of
present
achieved
achieved
Not
all
acts
of
Crime
sought to
be
The
result
execution
are
committed
is
not
Due
to
reasons
sought
Due
is
to
intervening
perpetrator
other
than
the
causes independent
of
spontaneous
desistance of the
Crimes, which do
not admit of
Frustrated and
Attempted
Stages:
Crimes which do
not admit of
Frustrated
Stage:
Rape
Bribery
Offenses
punishable by
Special Penal
Laws, unless the
law provides
otherwise
Corruption of
Public Officers
Adultery
Physical Injury
Formal crimes
consummated in
one instance
2 stages in the
development of
a crime:
(Ex: slander,
adultery, etc.)
1. Internal acts
Impossible Crimes
Crimes
consummated by
mere attempt
- not
punishableTIFF(Uncompressed)
decompressor are needed to see this
picture.
Felonies by
omission
Crimes committed
by mere
agreement
(Ex: betting in
sports: ending,
corruption of public
officers)
External acts
a. Preparatory
acts - ordinarily
not
punishable except
when considered
by law as
independent
crimes
even if committed
against persons
or property.
ART. 8:
CONSPIRACY
AND PROPOSAL
TO
ART. 7: WHEN
LIGHT FELONIES
ARE
COMMIT
FELONY
CONSPIRACY
PUNISHABLE
Requisites:
General Rule:
Punishable only
when they have
been
consummated
Exception: Even if
not consummated,
if committed
against persons or
property
Note: Only
principals and
accomplices are
liable; accessories
are NOT liable
Two or more
persons come to
an agreement
For the
commission of a
felony
And they decide
to commit it
Concepts of
Conspiracy:
As a crime in
itself
Ex: conspiracy
to commit
rebellion,
insurrection,
treason, sedition,
coup d etat
2. Merely as a
means to commit
a crime
Requisites:
commit a felony is
not punishable
since it is merely
a preparatory act.
Exception: when
the law
specifically
provides for a
penalty
participants acted
in concert or
simultaneously,
which is indicative
of a meeting of the
minds towards a
common criminal
objective
Note: Conspiracy
to commit a felony
is different from
conspiracy as a
manner of
incurring criminal
liability.
General Rule:
Conspiracy to
Ex: rebellion,
insurrection,
sedition, coup d
etat
General Rule:
The act of one is
the act of all.
Exception:
Unless one or
some of the
conspirators
committed some
other crime which
is not part of the
intended crime.
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Exception to the
exception: When
OVERT ACTS IN
CONSPIRACY
MUST CONSIST
OF:
Active
participation in
the actual
commission of
the crime itself, or
Moral assistance
to his coconspirators by
being present at
the time of the
commission of
the crime, or
Proposal
Exerting a moral
ascendance over
the other coconspirators by
moving them to
execute or
implement the
criminal plan
People v. Abut,
et al. (GR No.
137601, April 24,
2003)
PROPOSAL TO
COMMIT A
FELONY
Elements
Agreement
Requisites:
A person has
decided to
commit a felony
to
person decides
to
commit
AND
Conspiracy
commit
a crime
to
Proposal
commission
to
AND proposes the
commit:
sedition,
commit:
same to another
treason,
treason, rebellion,
rebellion,
coup
d
Crimes
coup d etat
Conspiracy
etat
of
ClassificationTIFF(Unompresse
d) decompressor
To determine
whether the
felonies can be
complexed or not.
To determine the
prescription of the
crime and of the
penalty.
*no proposal
to
Penalties
(imprisonment):
Grave felonies
afflictive
penalties: 6 yrs.
and 1 day to
reclusion
perpetua (life)
commit sedition
ART. 9: GRAVE
FELONIES, LESS
GRAVE
FELONIES AND
LIGHT FELONIES
Less grave
felonies
correctional
penalties:
1 month and 1
day to 6 years
ART. 10:
OFFENSES NOT
SUBJECT TO
THE
Terms
PROVISIONS OF
THIS CODE
imprisonment
General Rule:
RPC provisions
are
supplementary to
special laws.
prision
Exceptions:
correccional,
when provision of
RPC are
impossible of
application, either
by express
provision or by
necessary
implication
prision mayor,
Special Laws
RPC
arresto mayor,
Plea of guilty as
No
etc.
Yes
Attempted or
mitigating
Punishable
Frustrated
circumstance
punishable
Stages
Minimum,
Exception: Unless
Not applicable
Yes
medium and
otherwise stated
Exception: Unless
maximum
otherwise stated
periods
Provisions of
RPC applicable
to special laws:
Penalty for
General Rule:
Yes
accessory or
None
accomplice
Art. 16
Participation of
Accomplices
Art. 22
Retroactivity of
Penal laws if
favorable to the
accused
Art. 45
Confiscation of
instruments used
in the crime
correccional, etc.
the provisions of
the RPC on
imposition of
penalties based
on stages of
execution, degree
of participation
and attendance of
mitigating and
aggravating
circumstance may
be applied by
necessary
implication.
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Chapter Two
JUSTIFYING
CIRCUMSTANCE
S
AND
CIRCUMSTANCE
S, WHICH
EXEMPT
FROM
CRIMINAL
LIABILITY
ART. 11.
JUSTIFYING
CIRCUMSTANCE
S
JUSTIFYING
CIRCUMSTANCE
S where the act
of a person is in
accordance with
law such that said
person is deemed
not to have
violated the law.
General Rule: No
criminal and civil
liability incurred.
Exception: There
is civil liability with
respect to par. 4
where the liability
is borne by
persons benefited
by the act.
Par. 1 Selfdefense
Elements:
Unlawful
Aggression
indispensable
requirement
There must be
actual physical
assault or
aggression or an
immediate and
imminent threat,
which must be
offensive and
positively strong.
The defense must
have been made
during the
existence of
aggression,
otherwise, it is no
longer justifying.
While generally
an agreement to
fight does not
constitute
unlawful
aggression,
violation of the
terms of the
agreement to fight
is considered an
exception.
Reasonable
necessity of the
means
employed to
prevent or repel
it
Test of
reasonableness
depends on:
weapon used by
aggressor
physical
condition,
character, size
QuickTime and a
of
and
other
TIFF (Uncompressed)
decompressorcircumstances
physical
condition,
character, size
and
circumstances of
person defending
himself
place and
occasion of
assault
Lack of
sufficient
provocation on
the part of the
person
defending
himself
NOTE: Perfect
equality between
the weapons
used,
must be an
attempt to rape
the victim
nor material
commensurability
between the
means of attack
and defense by
the one defending
himself and that
of the aggressor
is not required
defense of
property must
be coupled with
an attack on the
person of the
owner, or on one
entrusted with the
care of such
property.
REASON: the
person assaulted
does not have
sufficient
opportunity or
time to think and
calculate.
People v.
Narvaez, (GR
No. L-33466-67,
April 20, 1983)
Rights included
in self-defense:
defense of person
Attack on
property alone
was deemed
sufficient to
comply with
element of
unlawful
aggression
defense of rights
protected by law
defense of
property (only if
there is also an
actual and
imminent danger
on the person of
the one
defending)
self-defense in
libel justified
when the libel is
aimed at a
persons good
name.
defense of
chastity
Stand ground
when in the
right - the law
does not require a
person to retreat
when his
assailant is
rapidly advancing
upon him with a
deadly weapon.
Kinds of SelfDefense:
self-defense of
chastity there
NOTE: Under
Republic Act 9262
(Anti-Violence
Against Women
and Their
Children Act of
2004), victimsurvivors who are
found by the
Courts to be
suffering from
Battered Woman
Syndrome (BWS)
do not incur any
criminal or civil
liability despite
absence of the
necessary
elements for the
justifying
circumstance of
self-defense in
the RPC. BWS is
a scientifically
defined pattern of
psychological and
behavioral
symptoms found
in women living in
battering
relationships as a
result of
cumulative abuse.
Par. 2 Defense of
Relative
Elements:
unlawful
aggression
(indispensable
requirement)
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reasonable
necessity of the
means employed
to prevent or repel
it
In case the
provocation was
given by the
person attacked,
the one making
the defense had
no part in such
provocation.
Relative entitled
to the defense:
spouse
ascendants
descendants
legitimate, natural
or adopted
brothers and
sisters, or
relatives by affinity
in the same
degrees
relatives by
consanguinity
within the 4th civil
degree
NOTE: The
relative defended
may be the
original aggressor.
All that is required
to justify the act of
the relative
defending is that
he takes no part in
such provocation.
Par. 3 Defense of
Stranger
Elements:
unlawful
aggression
(indispensable
requirement)
reasonable
necessity of the
means employed
to prevent or repel
it
person defending
be not induced by
revenge,
resentment or
other evil motive
Par. 4 State of
Necessity
(Avoidance of
Greater Evil or
Injury)
Elements:
evil sought to be
avoided actually
exists
injury feared be
greater than that
done to avoid it
no other practical
and less harmful
means of
preventing it
NOTE: The
necessity must not
be due to the
negligence or
violation of any law
by the actor.
QuickTime
Lawfulnda
Par. 5
FulfillmentTIFFof(Uncompress
ed)Dutyor decompressor
Exercise of
a Right or Office
are needed to see this picture.
Elements:
accused acted in
the performance of
duty or in the
lawful exercise of
a right or office
the injury caused
or offense
committed be the
necessary
consequence of
the due
performance of
the duty, or the
lawful exercise of
such right or
office.
NOTE: The
accused must
prove that he was
duly appointed to
the position
claimed he was
discharging at the
time of the
commission of the
offense. It must
also be shown
that the offense
committed was
the necessary
consequence of
such fulfillment of
duty, or lawful
exercise of a right
or office.
means used by
subordinate to
carry out said
order is lawful
NOTE: The
superior officer
giving the order
cannot invoke this
justifying
circumstance.
Good faith is
material, as the
subordinate is not
liable for carrying
out an illegal order
if he is not aware
of its illegality and
he is not negligent.
General Rule:
Subordinate
cannot invoke this
circumstance
when order is
patently illegal.
Exception: When
there is
compulsion of an
irresistible force, or
under impulse of
uncontrollable fear.
Par. 6 Obedience
to a Superior
Order Elements:
ART. 12:
CIRCUMSTANCE
S, WHICH
EXEMPT
FROM CRIMINAL
LIABILITY
EXEMPTING
CIRCUMSTANCE
S 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.
satisfaction of the
court.
Justifying
Exempting
Who/what
Act
Actor
is
affected?
Nature of
act is considered
act is wrongful but
act
Burden of proof:
Any of the
circumstances is a
matter of defense
and must be
proved by the
defendant to the
legal
actor not liable
Existence
None
Yes, but since
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of a crime
voluntariness is
absent
civil liability as to
EXCEPT as to
Art.
Par. 1 Imbecility
or Insanity
IMBECILE one
while advanced in
age has a mental
development
comparable to
that of children
between 2 and 7
years old. He is
exempt in all
cases from
criminal liability.
INSANE one
who acts with
complete
deprivation of
intelligence/reaso
n or without the
least discernment
or with total
deprivation of
freedom of will.
Mere abnormality
of the mental
faculties will not
exclude
imputability.
Art.11(4) (state of
12(4) (injury by
mere
necessity)
accident) and (7)
General Rule:
Exempt from
criminal liability
Exception: The
act was done
during a lucid
interval.
NOTE: Defense
must prove that
the accused was
insane at the time
of the commission
of the crime
because the
presumption is
always in favor of
sanity.
Par. 2 Under
Nine Years of
Age
Requisite:
Offender is under
9 years of age at
the time of the
commission of the
crime. There is
absolute criminal
irresponsibility in
the case of a
minor under 9
years of age.
NOTE: Under
R.A. 9344 or the
Juvenile Justice
And Welfare Act a
minor 15 years
and below is
exempt from
criminal liability
Par. 3 Person
Over 9 and
Under 15 Acting
Without
DiscernmentTIFF(Ucompr
essed) decompressor needed to
see this picture.
NOTE: Such
minor must have
acted without
discernment to be
exempt. If with
discernment, he
is criminally
liable.
Presumption:
The minor
committed the
crime without
discernment.
DISCERNMENT
mental capacity
to fully appreciate
the
consequences of
the unlawful act,
which is shown
by the:
NOTE: Under
R.A. 9344 a
minor over 15 but
The compulsion
is by means of
physical force.
Par. 4 Accident
without fault or
intention of
causing it
The physical
force must come
from a third
person.
Elements:
NOTE: Force
must be
irresistible so as
to reduce the
individual to a
mere instrument.
A person is
performing a
lawful act
The physical
force must be
irresistible.
Par. 5 Irresistible
Force
IRRESISTIBLE
FORCE
offender uses
violence or
physical force to
compel another
person to commit
a crime.
Elements:
Par. 6
Uncontrollable
Fear
UNCONTROLLA
BLE FEAR
offender employs
intimidation or
threat in
compelling
another to commit
a crime.
DURESS use of
violence or
physical force
Elements:
which he is
required to
commit.
It promises an evil
of such gravity
and imminence
that an ordinary
man would have
succumbed to it.
NOTE: Duress to
be a valid
defense should
be based on real,
imminent or
reasonable fear
for ones life or
limb. It should not
be inspired by
speculative,
fanciful or remote
fear. A threat of
future injury is not
enough.
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INSUPERABLE
CAUSE some
motive, which has
lawfully, morally or
physically
prevented a
person to do what
the law commands
Elements:
2007
An act is required
by law to be done.
A person fails to
perform such act.
ACTUS ME
INVITO FACTUS
NON EST MEUS
ACTUS Any act
done by me
against my will is
not my act.
His failure to
perform such act
was due to some
lawful or
insuperable cause.
Ex:
PAR 7.
Insuperable
Cause
A priest cant be
compelled to
reveal what was
confessed to him.
No available
transportation
officer not liable
for arbitrary
detention
Bandian, 63 Phil
530)
ABSOLUTORY
CAUSES where
the act committed
is a crime but for
some reason of
public policy and
sentiment, there is
no penalty
imposed.
Exempting and
justifying
circumstances are
absolutory causes.
Examples of such
other
circumstances
are:
Death or physical
injuries inflicted
under exceptional
circumstances
(Art. 247)
persons exempt
from criminal
liability from theft,
swindling,
malicious mischief
(Art 332)
instigation
NOTE:
Entrapment is
NOT an absolutory
cause. A buy-bust
operation
conducted in
connection with
illegal drug-related
offenses is a form
of entrapment.
Entrapment
Instigation
spontaneous
desistance (Art. 6)
accessories
exempt from
criminal liability
(Art. 20)
lawbreaker
in
the
Instigator practically
induces the
execution
of
are resorted to for
the
his
would-be accused
into the
purpose of
trapping
commission of the
offense and
and capturing
the
himself becomes a
co-principal
criminal plan.
Chapter Three
CIRCUMSTANCE
S WHICH
MITIGATE
CRIMINAL
NOT
LIABILITY
a
bar to
Accused will be
acquitted
accuseds
prosecution
and conviction
NOT
an
absolutory
Privileged
Mitigating
Ordinary Mitigating
Offset by any
Cannot be offset
Can be offset by a
Absolutory cause
cause
aggravating
generic aggravating
circumstance
circumstance
more mitigating
enumerated in
Effect on
Effect of imposing
the
If not offset, has the
circumstance
without
paragraph 1 to 10 of
penalty
penalty by 1 or 2
effect of imposing the
any aggravating
Article 13
degrees lower
than
minimum period of
circumstance (has
the
that provided by
law
the penalty
effect of lowering
the
Kinds
Minority,
Incomplete
Those
penalty by one
(Sources)
Self-defense, two
or
circumstances
Without discernment
not criminally
liable
Age
Criminal
Responsibility/
Effect
15years
Absolute
irresponsibility,
exempting
With discernment
criminally liable
* as amended by
RA 9344
Minor
Sentence is
suspended
delinquent
circumstance
18 and 70
* as amended by
RA 9344
Full responsibility
Page 9 of 174
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> 70
Mitigated
responsibility, no
imposition of
death penalty,
execution of death
sentence may be
suspended and
Exempting
Circumstances
commuted
NOTE: This
applies when not
all the requisites
are present.
ART. 13:
MITIGATING
CIRCUMSTANCE
S
MITIGATING
CIRCUMSTANCE
S those which if
present in the
commission of the
crime reduces the
penalty of the
crime but does not
erase criminal
liability nor change
the nature of the
crime
NOTE: A
mitigating
circumstance
arising from a
single fact absorbs
all the other
mitigating
circumstances
arising from that
same fact.
Par. 1 Incomplete
Justifying or
If two requisites
are present, it is
considered a
privileged
mitigating
circumstance.
However, in
reference to
Art.11(4) if any of
the last two
requisites is
absent, there is
only an ordinary
mitigating
circumstance.
Remember
though, that in
self-defense,
defense of relative
or stranger,
unlawful
aggression must
always be present
as it is an
indispensable
requirement.
Par. 2 Under 18
or Over 70 Years
Old
NOTE: Age of
accused is
determined by his
age at the date of
commission of
crime, not date of
trial.
Par. 3 No
Intention to
Commit so Grave
a Wrong
QuickTime a d a
weapon used
injury inflicted
part of the body
injured
mindset of
offender at the
time of
commission of
crime
This provision
addresses the
intention of the
offender at the
particular moment
when the offender
executes or
commits the
criminal act, not to
his intention
during the
planning stage
NOTE: In crimes
against persons
if victim does not
die, the absence
of the intent to kill
reduces the felony
to mere physical
injuries. It is not
considered as
mitigating. It is
mitigating only
when the victim
dies.
NOTE: It is not
applicable to
felonies by
negligence
because in
felonies through
negligence, the
offender acts
without intent. The
intent in intentional
felonies is
replaced by
negligence or
imprudence. There
is no intent on the
part of the
offender, which
may be
considered as
diminished
Par. 4
Provocation or
Threat
Cause
Provocation
any unjust or
improper conduct
or act of the
offended party,
capable of
exciting, inciting or
irritating anyone.
that
brought
Offended party
must have
about
the provocation
Provocation
Vindication
done a grave
offense to the
need not be a
grave
offender or his
relatives
offense
Necessary
against
that
the
May be
offenders
proximate. Time
felony
provocation
or threat
interval allowed
relatives mentioned
by law
immediately
preceded
provocation must
be sufficient
it must originate
from the offended
party
must be
immediate to the
commission of the
crime by the
person who is
provoked
Requisites:
NOTE: Threat
should not be
offensive and
positively strong.
Otherwise, it
would be an
unlawful
aggression, which
may give rise to
self-defense and
thus no longer a
mitigating
circumstance.
Page 10 of 174
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Par. 5 Vindication
of Grave Offense
Requisites:
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
the felony is
committed in
immediate
vindication of such
grave offense
Act,
Which
Gave Rise To
Passion And
Obfuscation:
NOTE:
Immediate
allows for a lapse
of time, as long as
the offender is still
suffering from the
mental agony
brought about by
the offense to him.
(proximate time,
not just
immediately after)
Par. 6 Passion or
Obfuscation
That there be an
act, both unlawful
and unjust
The act be
sufficient to
produce a
condition of mind
That the act was
proximate to the
criminal act, not
admitting of time
during which the
perpetrator might
recover his normal
equanimity
Requisites:
offender acted
upon an impulse
the impulse must
be so powerful
that it naturally
produced passion
or obfuscation in
him
QuickTime and a
NOTE: Passion
andTIFFobfuscation(Uncompressed
)decompressorcannot co-exist
with
treachery since
this means that
the offender had
time to ponder his
course of action.
PASSION &
OBFUSCATION
force
IRRESISTIBLE
FORCE
Mitigating
Exempting
3rd person
Must come from
lawful sentiments
Unlawful
No physical force
needed
Requires physical
PASSION &
OBFUSCATION
PROVOCATION
Produced by an
impulse which
the crime is
committed
Comes from
injured
may be caused by
provocation
party
Effect is loss of
reason and self-
Same
Offense which
engenders
Immediately
precede
perturbation of mind
need not be
Par. 7 Surrender
and Confession
of Guilt
the commission of
the
immediate. It is only
required that
crime
the influence thereof
lasts until
VOLUNTARY
VOLUNTARY
before the
1. offender not
1. offender
actually arrested
competent court
spontaneously
2. offender
confessed his
surrendered to
guilt
case
person in
2. confession was
authority
made in open
3. surrender was
3. confession of guilt
the presentation
- must be
spontaneous,
showing the intent
of the accused to
submit himself
unconditionally to
the authorities,
either because:
he acknowledges
his guilt; or
of the evidence
he wishes to save
them the trouble
and expense
necessarily
incurred in his
search and
capture.
for the
NOTE: If both are
present,
considered as two
independent
mitigating
circumstances.
Further mitigates
penalty.
prosecution
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NOTES:
communication
with others.
If accused
pleaded not guilty,
even if during
arraignment, he is
entitled to
mitigating
circumstance as
long as he
withdraws his plea
of not guilty to the
charge before the
fiscal could
present his
evidence.
NOTE: The
physical defect
must relate to the
offense
committed.
Plea to a lesser
charge is not a
Mitigating
Circumstance
because to be
such, the plea of
guilt must be to
the offense
charged.
Plea to the
offense charged in
the amended info,
lesser than that
charged in the
original info, is
Mitigating
Circumstance.
Par. 9 Illness of
the Offender
Requisites:
Par. 10 Similar
and Analogous
Circumstances
Par. 8 Physical
Defect of
Offender
Examples
The offender is
deaf and dumb,
blind or otherwise
suffering from
some physical
defect, restricting
his means of
action, defense or
Not examples
outraged feeling of
owner of
defendant who is
60 years old
person
analogous to
vindication of grave
voluntary surrender
offense
similar to voluntary
surrender
impulse of jealous
feeling, similar
to passion and
obfuscation
mitigating
extreme poverty,
similar to
incomplete
justification based
on state of
necessity
voluntary restitution
of property,
CHAPTER FOUR
CIRCUMSTANC
ES WHICH
AGGRAVATE
CRIMINAL
LIABILITY
KINDS OF
AGGRAVATING
CIRCUMSTANCE
S:
Generic - those
which apply to all
crimes
AGGRAVATING
CIRCUMSTANCE
S Those which,
if attendant in the
commission of the
crime, serve to
have the penalty
imposed in its
maximum period
provided by law
for the offense or
those that change
the nature of the
crime.
BASIS: The
greater perversity
of the offender
manifested in the
commission of the
felony as shown
by:
the motivating
power itself,
the place of the
commission,
the means and
ways employed
the time, or
the personal
circumstances of
the offender, or
the offended
party.
Specific - those
which apply only
to specific crimes,
Inherent - which
of necessity
accompany the
commission of the
crime, therefore
not considered in
increasing the
penalty to be
imposed
Special - those
which arise under
special conditions
to increase the
penalty of the
offense and
cannot be offset
by mitigating
circumstances
GENERIC
QUALIFYING
AGGRAVATING
AGGRAVATING
CIRCUMSTANCE
CIRCUMSTANCE
EFFECT : When
not set
EFFECT: Gives
the
off by any
mitigating
crime its proper
and
exclusive name
and
Increases the
penalty
places the author
of
which should be
the crime in such
a
imposed upon the
situation as to
accused to the
deserve no other
circumstance,
Page 12 of 174
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limit prescribed by
law
by law for said
crimes (People v.
ATENEO
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OPERATIONS
Bayot, 64Phil269,
2007
273)
maximum period
but
If not alleged in
the
To be
considered
without exceeding
the
information, a
specially
prescribed
as such, MUST
be
qualifying
aggravating
alleged in the
circumstance
will be
information
considered
generic
May be offset by
a
Cannot be offset
by a
mitigating
circumstance.
mitigating
circumstance
RULES ON
AGGRAVATING
CIRCUMSTANCE
S:
Aggravating
circumstances
shall NOT be
appreciated if:
They constitute a
crime specially
punishable by
law, or
It is included by
the law in defining
a crime with a
penalty
prescribed, and
therefore shall not
be taken into
Aggravating
circumstances
which arise:
From any
personal cause,
act of all,
regardless of lack
of knowledge of
the facts
constituting the
circumstance.
(Art. 62, par. 4)
The
circumstances
which consist :
In the material
execution of the
act, or
In the means
employed to
accomplish it,
shall serve to
aggravate the
liability of only
those persons
who had
knowledge of
them at the time
of the execution
of the act or their
cooperation
therein. Except
when there is
proof of
conspiracy in
Aggravating
circumstances,
regardless of its
kind, should be
specifically
alleged in the
information AND
proved as fully as
the crime itself in
order to increase
the penalty. (Sec.
9, Rule 110, 2000
Rules of Criminal
Procedure)
When there is
more than one
qualifying
aggravating
circumstance
present, one of
them will be
appreciated as
qualifying
aggravating while
the others will be
considered as
generic
aggravating.
ART. 14:
AGGRAVATING
CIRCUMSTANCE
S
Par. 1. That
advantage be
taken by the
offender of his
public position
Requisites:
Offender is public
officer
Public officer
must use the
influence,
prestige, or
ascendancy
which his office
gives him as
means to realize
criminal purpose
It is not
considered as an
aggravating
circumstance
where taking
advantage of
official position is
made by law an
integral element
of the crime or
inherent in the
offense,
Ex: malversation
(Art. 217),
falsification of a
document
committed by
public officers
(Art. 171).
Requisites:
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.
Page 13 of 174
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Mayor
Barangay
captain/ chairman
Councilors
Government
agents
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The offender
knows him to be a
public authority.
His presence has
not prevented the
offender from
committing the
criminal act.
PERSON IN
AUTHORITY
public authority, or
person who is
directly vested
with jurisdiction
and has the
power to govern
and execute the
laws
Ex:
Governor
Chief of Police
NOTE: A teacher
or professor of a
public or
recognized
private school is
not a public
authority within
the contemplation
of this paragraph.
While he is a
person in
authority under
Art. 152, that
status is only for
purposes of Art.
148 (direct
assault) and Art.
152 (resistance
and
disobedience).
This is NOT
applicable when
committed in the
presence of a
mere agent.
1. These
circumstances
shall only be
QuickTime and a
consideredTIFFas(Uncompressed)
oneaggravatingdecompressor
circumstance.
are needed to see this picture.
AGENT
subordinate
public officer
charged w/ the
maintenance of
public order and
protection and
security of life and
property
Ex: barrio vice
lieutenant, barrio
councilman
with insult or in
disregard of the
respect due the
offended party
on account of
his (a)rank, (b)
age, or (c) sex or
that it be
committed in the
dwelling of the
offended party, if
the latter has not
given
provocation
Rules regarding
par 3(1):
2.
Rank,
age, sex may be
taken into
account only in
crimes against
persons or honor,
they cannot be
invoked in crimes
against property.
3.
It must be
shown that in the
commission of the
crime the offender
deliberately
intended to offend
or insult the sex,
age and rank of
the offended
party.
RANK The
designation or
title of distinction
used to fix the
relative position of
the offended party
in
reference to
others (There
must be a
difference in the
social condition of
the offender and
the offended
party).
SEX refers to
the female sex,
not to the male
sex.
The AC of
disregard of
rank, age, or sex
is not applicable
in the following
cases:
When the
offender acted
with passion and
obfuscation.
When there exists
a relationship
between the
offended party
and the offender.
When the
condition of being
a woman is
indispensable in
the commission of
the crime.
People vs.
Lapaz, March 31,
1989
Disregard of sex
and age are not
absorbed in
treachery
because
treachery refers
to the manner of
the commission
of the crime,
while disregard of
sex and age
pertains to the
relationship of the
victim.
DWELLING
must be a
building or
structure
exclusively used
for rest and
comfort
(combination of
house and store
not included),
may be temporary
as in the case of
guests in a house
or bedspacers. It
includes
dependencies,
the foot of the
staircase and the
enclosure under
the house
NOTES:
(Ex: in parricide,
abduction,
seduction and
rape)
The aggravating
circumstance of
dwelling requires
that the crime be
wholly or partly
committed therein
or in any integral
part thereof.
Dwelling does not
mean the
permanent
residence or
domicile of the
offended party or
that he must be
the owner thereof.
He must,
however, be
actually living or
dwelling therein
even for a
temporary
duration or
purpose.
It is not necessary
that the accused
should have
actually entered
the dwelling of the
victim to commit
the offense; it is
What aggravates
the commission
of the crime in
ones dwelling:
The abuse of
confidence which
the offended party
reposed in the
offender by
opening the door
to him; or
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The violation of
the sanctity of the
home by
trespassing
therein with
violence or
Meaning of
provocation in
the aggravating
circumstance of
dwelling:
The provocation
must be:
Given by the
owner of the
dwelling,
Sufficient, and
Immediate to the
commission of the
crime.
REASON: When
it is the offended
party who has
provoked the
incident, he loses
his right to the
respect and
consideration due
him in his own
house.
Dwelling is not
aggravating in
the following
cases:
exception: In
case of adultery
in the conjugal
dwelling, the
same is
aggravating.
However, if the
paramour also
dwells in the
conjugal dwelling,
the applicable
aggravating
circumstance is
abuse of
confidence.
When robbery is
committed by the
use of force upon
things, dwelling is
not aggravating
because it is
inherent.
However, dwelling
is aggravating in
robbery with
violence against
or intimidation of
persons because
this class of
robbery can be
committed without
the necessity of
trespassing the
sanctity of the
offended partys
house.
QuickTime and a
TIFF (Uncompressed) decompressor
3.
In the
crimeare
neededoftrespasstoeethi
spictureto. dwelling, it
is inherent or
included by law in
defining the
crime.
4.
When the
owner of the
dwelling gave
sufficient and
immediate
provocation.
There
must exist a close
relation between
the provocation
made by the
victim and the
commission of the
crime by the
accused.
circumstances
present under
par.4 which must
be independently
appreciated if
present in the
same case
While one may be
related to the
other in the
factual situation in
the case, they
cannot be lumped
together. Abuse of
confidence
requires a special
confidential
relationship
between the
offender and the
victim, while this
is not required for
there to be
obvious
ungratefulness
Requisites Of
Abuse Of
Confidence:
5. The victim is
not a dweller of
the house.
abuse of
confidence or
obvious
ungratefulness
NOTE: Abuse of
confidence is
inherent in
malversation (Art.
217), qualified
theft (Art. 310),
estafa by
conversion or
misappropriation
(Art. 315), and
qualified
seduction (Art.
337).
Requisites of
obvious
ungratefulness:
NOTE: The
ungratefulness
contemplated by
par. 4 must be
such clear and
manifest
ingratitude on the
part of the
accused.
Actual
performance of
duties is not
necessary when
crime is
committed in the
palace or in the
presence of the
Chief Executive
Requisites
Regarding
Public
Authorities:
1. crime occurred
in the public office
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public authorities
are actually
performing their
public duties
The offended
party
party
PAR. 5. Where
public
PAR. 2. Contempt
or
authorities are
engaged
Requisites
(Place
Dedicated To
Religious
insult to public
in the discharge
of their
authorities
duties
FOR BOTH,
Public authorities
are in the
performance of
their duties
Place where
public duty is
performed
In their office.
Outside of their
office.
Worship):
The crime
occurred in a
place dedicated
to the worship of
God regardless
of religion
The offender
must have
decided to
commit the crime
when he entered
the place of
worship
time of the
commission of the
crime, the other
places mentioned
are aggravating
per se even if no
official duties or
acts of religious
worship are being
conducted there.
Cemeteries,
however
respectable they
may be, are not
considered as
place dedicated to
the worship of
God.
in the nighttime,
or
in an uninhabited
place, or
by a band,
considered
separately.
When nighttime,
uninhabited
place or band
aggravating:
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; or
When the
offender took
advantage
thereof for the
purpose of
impunity
whenever such
circumstance
may facilitate the
commission of
the offense
NOTE: When
present in the
same case and
their element are
distinctly palpable
and can subsist
independently,
they shall be
NIGHTTIME
(obscuridad)
that period of
darkness
beginning at the
end of dusk and
ending at dawn.
Commission of the
crime must begin
and be
accomplished in
the nighttime.
When the place of
the crime is
illuminated by
light, nighttime is
not aggravating. It
is not considered
aggravating when
the crime began at
daytime.
Nighttime is not
especially sought
for when the
notion to commit
the crime was
conceived of
shortly before
commission or
when crime was
committed at night
upon a casual
encounter
However,
nighttime need not
be specifically
sought for when
(1) it facilitated the
commission of the
offense, or (2) the
offender took
advantage of the
same to commit
the crime
A bare statement
that crime was
committed at night
is insufficient. The
information must
allege that
nighttime was
sought for or taken
advantage of, or
that it facilitated
the crime
GENERAL
RULE: Nighttime
is absorbed in
treachery.
EXCEPTION :
Where both the
treacherous
mode of attack
and nocturnity
were deliberately
decided upon in
the same case,
they can be
considered
separately if such
circumstances
have different
factual bases.
Thus:
In People vs.
Berdida, et. al.
(June 30, 1966),
nighttime was
considered since
it was purposely
sought, and
treachery was
further
appreciated
because the
victims hands
and arms were
tied together
before he was
beaten up by the
accused.
In People vs.
Ong, et. al. (Jan.
30, 1975), there
was treachery as
the victim was
stabbed while
lying face up and
defenseless, and
nighttime was
considered upon
proof that it
facilitated the
commission of the
offense and was
taken advantage
of by the accused.
scattered at a
great distance
from each other
UNINHABITED
PLACE
(despoblado)
one where there
are no houses at
all, a place at a
considerable
distance from
town, where the
houses are
What should be
considered here
is whether in the
place of the
commission of
the offense, there
was a reasonable
possibility of the
victim receiving
some help.
Solitude must be
sought to better
attain the criminal
purpose
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BAND (en
cuadrilla)
whenever there
are more than 3
armed
malefactors that
shall have acted
together in the
commission of an
offense
By a band is
inherent in
brigandage
This aggravating
circumstance is
absorbed in the
circumstance of
abuse of superior
strength
armed men or
Par. 7. That the
crime be
committed on
the occasion of
a conflagration,
shipwreck,
earthquake,
epidemic or
other calamity or
misfortune.
Requisites:
persons who
insure or afford
impunity
Requisites:
If the offended
was PROVOKED
by the offended
party during the
calamity/misfortun
e, this
aggravating
circumstance may
NOTE: This
aggravating
circumstance
requires that the
armed men are
accomplices who
take part in a minor
capacity directly or
himself of any of
their aid or when
he did not
knowingly count
upon their
assistance in the
commission of the
crime
Par. 6 By a band
When This
Aggravating
Circumstance
Shall Not
Be Considered:
armed men
As to their
number
As to their action
Requires more
than three
Requires that
more than
At least two
This circumstance
is
armed
malefactors (i.e.,
three armed
malefactors
at least four)
shall have acted
together
offenders merely
relied on
in the commission
of an
not necessary.
RECIDIVIST one
who at the time of
his trial for one
crime, shall have
been previously
convicted by final
judgment of
another crime
embraced in the
same title of the
RPC.
Requisites:
Aid of armed
men includes
armed women.
MEANING OF at
the time of his
trial for one
crime.
It is employed in
its general sense,
including the
rendering of the
judgment. It is
meant to include
everything that is
done in the course
of the trial, from
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arraignment until
after sentence is
announced by the
judge in open
court.
What is
controlling is the
TIME OF THE
TRIAL, not the
time of the
commission of the
offense.
GENERAL
RULE: To prove
recidivism, it is
necessary to
allege the same
in the information
and to attach
thereto certified
copy of the
sentences
rendered against
the accused.
Exception: If the
accused does not
object and when
he admits in his
confession and
on the witness
stand.
Recidivism must
be taken into
account no matter
how many years
have intervened
between the first
and second
felonies.
Amnesty
extinguishes the
penalty and its
effects. However,
pardon does not
obliterate the fact
that the accused
was a recidivist.
Thus, even if the
accused was
granted a pardon
for the first
offense but he
commits another
felony embraced
in the same title
of the Code, the
first conviction is
still counted to
make him a
recidivist
Being an ordinary
aggravating
circumstance,
recidivism affects
only the periods
of a penalty,
except in
prostitution and
vagrancy (Art.
202) and
gambling (PD
1602) wherein
recidivism
increases the
penalties by
degrees. No other
generic
aggravating
circumstance
produces this
effect
In recidivism it is
sufficient that the
succeeding
offense be
committed after
the commission of
the preceding
offense provided
that at the time of
his trial for the
second offense,
the accused had
already been
convicted of the
first offense.
If both offenses
were committed
on the same date,
they shall be
considered as
only one, hence,
they cannot be
separately
counted in order
to constitute
recidivism. Also,
judgments of
convicted handed
down on the
same day shall be
considered as
only one
conviction.
REASON:
Because the
Code requires
that to be
QuickTime and a
considered as
TIFFseparate(Uncompressed)conv
ictions,decompressor at the
time of
are needed to see this picture.
Requisites Of
Reiteracion Or
Habituality:
been rendered in
the
first offense.
That he
previously served
sentence for
another offense to
which the law
attaches an
offense
As to the kind of
offenses
involved
The previous and
Equal or
Greater penalty,
or
For two or more
crimes to which it
attaches a lighter
penalty than that
for the new
offense; and
That he is
convicted of the
new offense
HABITUALITY
RECIDIVISM
As to the first
offense
It is necessary
that the
THE FOUR
FORMS OF
REPETITION
ARE:
It is enough that a
offender shall
have
final judgment
has
served out his
Recidivism (par.
9, Art. 14)
Where a person,
on separate
occasions, is
convicted of two
offenses
embraced in the
Reiteracion or
Habituality (par.
10, Art. 14)
Where the
offender has been
previously
punished for an
offense to which
the law attaches
an equal or
greater penalty or
for two crimes to
which it attaches
a lighter penalty.
This is a generic
aggravating
circumstance.
Multi-recidivism
or Habitual
delinquency
(Art. 62, par, 5)
Where a person
within a period of
ten years from the
date of his
release or last
conviction of the
crimes of serious
or less serious
physical injuries,
robbery, theft,
estafa or
falsification, is
found guilty of the
said crimes a
third time or
oftener. This is an
extraordinary
aggravating
circumstance.
Quasi-recidivism
(Art. 160)
Where a person
commits felony
before beginning
to serve or while
serving sentence
on a previous
conviction for a
felony. This is a
special
aggravating
circumstance.
Since reiteracion
provides that the
accused has duly
served the
sentence for his
previous
conviction/s, or is
legally considered
to have
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Requisites:
The principal by
inducement (one
who offers)
The principal by
direct
participation
(accepts)
The price, reward,
or promise should
be previous to
and in
consideration of
the commission of
the criminal act
NOTE: The
circumstance is
applicable to both
principals .It
affects the person
who received the
price / reward as
well as the person
who gave it.
If without
previous promise
it was given
voluntarily after
the crime had
been committed
as an expression
of his
appreciation for
the sympathy and
aid shown by the
other accused, it
should not be
taken into
consideration for
the purpose of
increasing the
penalty.
The inducement
must be the
primary
consideration for
the commission of
the crime.
under this
paragraph will
only be
considered as
aggravating if and
when they are
used by the
offender as a
means to
accomplish a
criminal purpose
When another
aggravating
circumstance
already qualifies
the crime, any of
these aggravating
circumstances
shall be
considered as
generic
aggravating
circumstance only
QuickTime and a
inundation, fire,TIFF
poison,
(Uncompressed)
explosion,decompre
sr
stranding
are needed to see this picture.
of a vessel or
intentional
damage thereto,
derailment of a
locomotive, or
by use of any
artifice involving
great waste and
ruin
When used as a
means to kill
another person,
the crime is
qualified to
murder.
PAR. 12 by
means
PAR. 7 on the
of inundation,
fire,
The
circumstances
occasion of a
etc.
conflagration,
shipwreck, etc.
An act manifestly
indicating that the
culprit has clung
to his
determination;
and
The crime is
The crime is
committed
committed by
means
on the occasion
of a
of any such acts
calamity or
misfortune.
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.
involving great
waste
or ruin.
Requisites:
The prosecution
must prove
The time when
the offender
determined to
commit the crime;
Essence of
premeditation:
The execution of
the criminal act
must be preceded
by cool thought
and reflection
upon the
resolution to carry
out the criminal
intent during the
space of time
sufficient to arrive
at a calm
judgment.
To establish
evident
premeditation, it
must be shown
that there was a
period sufficient to
afford full
opportunity for
meditation and
reflection, a time
adequate to allow
the conscience to
overcome the
resolution of the
will, as well as
outward acts
showing the intent
to kill. It must be
shown that the
offender had
sufficient time to
reflect upon the
consequences of
his act but still
persisted in his
determination to
commit the crime.
(PEOPLE vs.
SILVA, et. al., GR
No.
140871, August
8, 2002)
Premeditation is
absorbed by
reward or
promise.
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2007
offender
premeditated on
the killing of any
person, it is
proper to consider
against the
offender the
aggravating
circumstance of
premeditation,
because whoever
is killed by him is
contemplated in
his premeditation.
CRAFT (astucia)
involved the use
of intellectual
trickery or
cunning on the
part of the
accused.
A chicanery
resorted to by the
accused to aid in
the execution of
his criminal
design. It is
employed as a
scheme in the
execution of the
crime.
FRAUD (fraude)
insidious words
or machinations
used to induce
the victim to act in
a manner which
would enable the
offender to carry
out his design.
words or
machinations,
order not to
arouse
fraud is present.
the suspicion of
the
victim constitutes
craft.
FRAUD
CRAFT
Where there is a
direct
In People vs.
San Pedro (Jan.
22, 1980), where
the accused
pretended to hire
the driver in order
to get his vehicle,
it was held that
there was craft
directed to the
theft of the
had already
planned to kill the
driver.
vehicle,
QuickTime and a
the
means
DISGUISE
(disfraz)
resorting to any
device to conceal
identity.
separate
from
subsequentlyare
usedneedto seeto
thistreacherouslypictur
e. kill the
defenseless driver.
In People vs.
Masilang (July
11, 1986) there
was also craft
where after
hitching a ride,
the accused
requested the
driver to take
them to a place to
visit somebody,
when in fact they
The test of
disguise is
whether the
device or
contrivance
resorted to by the
offender was
intended to or did
make
identification
more difficult,
such as the use
of a mask or false
hair or beard.
The use of an
assumed name in
the publication of
a libel constitutes
disguise.
Par. 15
contemplates two
aggravating
circumstances,
either of which
qualifies a killing to
murder.
MEANING OF
advantage be
taken:
To deliberately
use excessive
force that is out of
proportion to the
means for selfdefense available
to the person
attacked.
(PEOPLE vs.
LOBRIGAS, et.
al., GR No.
147649,
December 17,
2002)
No Advantage
Of Superior
Strength In The
Following:
Abuse of superior
strength is
inherent in the
crime of parricide
where the
husband kills the
wife. It is
generally
accepted that the
husband is
physically
stronger than the
wife.
Abuse of superior
strength is also
present when the
offender uses a
weapon which is
out of proportion
to the defense
available to the
offended party.
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BY A BAND
ABUSE OF
SUPERIOR
comparative
relatively weaker
STRENGTH
strength of the
victim or victims.
victim or victims.
The element of
The gravamen of
band is
appreciated
abuse of
superiority
Hence, what is
taken
aggressors nor
the
Where one,
struggling with
another, suddenly
throws a cloak
over the head of
his opponent and
while in this
situation he
wounds or kills
him.
relative physical
offended party.
NOTE: Abuse of
superior strength
absorbs cuadrilla
(band).
MEANING OF
Means
employed to
weaken defense
- the offender
employs means
that materially
weaken the
resisting power of
the offended
party.
crimes against
persons,areneededto
see
andthispicturesometi
mes. against
person and
property, such as
robbery with
physical injuries or
homicide.
attack employed
by him.
Par. 16. That the
act be
committed with
treachery
(alevosia)
TREACHERY
when the offender
commits any of
the crimes against
the person,
employing means,
methods or forms
in the execution
thereof which tend
TEST: It is not
only the relative
position of the
parties but, more
specifically,
whether or not
the victim was
forewarned or
afforded the
opportunity to
make a defense
or to ward off the
attack.
Rules Regarding
Treachery:
directly and
specially to insure
its execution
without risk to
himself arising
from the defense
which the
offended party
might make.
Requisites:
Applicable only to
crimes against
persons.
Means, methods
or forms need not
insure
accomplishment
of crime.
The mode of
attack must be
consciously
adopted.
Treachery is
taken into
account even if
the crime against
the person is
complexed with
another felony
involving a
different
classification in
the Code.
Accordingly, in the
special complex
crime of robbery
with homicide,
treachery but can
be appreciated
insofar as the
killing is
concerned.
The suddenness
of attack in itself
does not
constitute
treachery, even if
the purpose was
to kill, so long as
the decision was
made all of a
sudden and the
victims helpless
position was
accidental.
Treachery applies
in the killing of a
child even if the
manner of attack
is not shown.
Treachery must
be proved by
clear and
convincing
evidence
Treachery is
considered
against all the
offenders when
there is
conspiracy.
WHEN MUST
TREACHERY BE
PRESENT:
When the
aggression is
continuous,
treachery must be
present in the
beginning of the
assault.
(PEOPLE vs.
MANALAD, GR
No. 128593,
August 14,
2002)
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wounded, with no
appreciable time
intervening
between the
delivery of the
blows and the
firing of the shot, it
cannot be said
that the crime was
attended by
treachery.
Hence, even
though in the
inception of the
aggression which
ended in the death
of the deceased,
treachery was not
present, if there
was a break in the
continuity of the
aggression and at
the time of the
fatal wound was
inflicted on the
deceased he was
defenseless, the
circumstance of
treachery must be
taken into
account.
Treachery Should
Be Considered
Even If:
There was
aberratio ictus and
the bullet hit a
person different
from that intended.
(The rule is
different in evident
premeditation).
REASON FOR
THE RULE: When
there is treachery,
it is impossible for
either the intended
victim or the actual
victim to defend
himself against the
aggression.
TREACHERY
ABSORBS:
1. Craft
2. Abuse of
superior strength
3. Employing
means to weaken
the defense
4. Cuadrilla (band)QuickTime and a
TIFF (Uncompressed)
decompressor
are needed to see this picture.
5. Aid of armed
men
6. Nighttime
SUPERIOR
EMPLOYED TO
TREACHERY
ABUSE OF
STRENGTH
MEANS
WEAKEN
offender to make it
methods or
weakens the
DEFENSE
impossible or hard
Means, methods
forms of attack,
Offender does
resisting power of
Means are
for the offended
or forms are
he only takes
not employ
the offended
employed but it
party to put any
employed by the
advantage of his
means,
party
only materially
sort of resistance
superior
natural effects of
the act
IGNOMINY is a
circumstance
pertaining to the
moral order, which
adds disgrace and
obloquy to the
material injury
caused by the
crime.
strength
MEANING OF
which add
ignominy to the
natural effects
thereof
The means
employed or the
circumstances
brought about
must tend to make
the effects of the
crime more
humiliating to
victim or to put the
offended party to
shame, or add to
his moral suffering.
Thus it is incorrect
to appreciate
ignominy where
the victim was
already dead when
his body was
dismembered, for
such act may not
be considered to
have added to the
victims moral
suffering or
humiliation.
(People vs.
Carmina, G.R. No.
81404, January
28, 1991)
Applicable to
crimes against
chastity, less
serious physical
injuries, light or
grave coercion,
and murder.
UNLAWFUL
ENTRY - when an
entrance is
effected by a way
not intended for
the purpose.
NOTE: Unlawful
entry must be a
means to effect
entrance and not
for escape.
REASON FOR
AGGRAVATION:
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or window be
broken.
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Applicable only if
such acts were
done by the
offender to effect
ENTRANCE. If the
wall, etc., is
broken in order to
get out of the
place, it is not an
aggravating
circumstance.
2007
It is NOT
necessary that the
offender should
have entered the
building Therefore,
If the offender
broke a window to
enable himself to
reach a purse with
money on the
table near that
window, which he
took while his
body was outside
of the building, the
crime of theft was
attended by this
aggravating
circumstance.
PAR. 19
PAR. 18
It involves the
breaking
Presupposes that
there
(rompimiento) of
the
is no such
breaking as
enumerated parts
of
by entry through
the
the house.
NOTE: Breaking in
is lawful in the
following
instances:
An officer, in order
to make an arrest,
may break open a
door or window of
any building in
which the person
to be arrested is or
is reasonably
believed to be;
An officer, if
refused
admittance, may
break open any
door or window to
execute the
search warrant or
liberate himself,
Replevin, Section
4, Rule 60 of the
Rules of Court
window.
TWO DIFFERENT
CIRCUMSTANCESQuick
Timeanda
GROUPED
TIFF (Uncompressed) decompressor IN
THIS
By means of
motor vehicles,
airships, or other
similar means:
Intended to
counteract the
great facilities
found by modern
criminals in said
means to commit
crime and flee and
abscond once the
same is
committed.
Use of motor
vehicle is
aggravating where
the accused
purposely and
deliberately used
the motor vehicle
in going to the
MEANING OF or
other similar
means
Should be
understood as
referring to
motorized vehicles
or other efficient
means of
transportation
similar to
automobile or
airplane.
CRUELTY there
is cruelty when the
culprit enjoys and
delights in making
his victim suffer
slowly and
gradually, causing
unnecessary
physical pain in
the consummation
of the criminal act.
Requisites:
1.
That the
injury caused be
deliberately
increased by
causing other
wrong;
2.
That the
other wrong be
unnecessary for
the execution of
the purpose of the
offender.
Cruelty is not
inherent in crimes
against persons.
In order for it to be
appreciated, there
must be positive
proof that the
wounds found on
the body of the
victim were
inflicted while he
was still alive in
order
unnecessarily to
prolong physical
outraging of his
corpse.
IGNOMINY
(PAR.17)
CRUELTY (PAR.
21)
Involves
MORAL
suffering.
Cruelty cannot be
presumed
If the
victim was already
dead when the
acts of mutilation
were being
performed, this
would also qualify
the killing to
murder due to
Refers to
PHYSICAL
suffering
suffering
Unlike mitigating
circumstances
(par. 10, Art.
13), there is NO
provision for
aggravating
circumstances of
a similar or
analogous
character.
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into consideration
as aggravating or
mitigating
according to the
nature and effects
of the crime and
the other
conditions
attending its
commission.
2007
ART.15 Concept
of Alternative
Circumstances
CHAPTER FIVE
BASIS:
ALTERNATIVE
CIRCUMSTANCE
S
ALTERNATIVE
CIRCUMSTANCE
S Those which
must be taken
THE
ALTERNATIVE
CIRCUMSTANCE
S ARE:
Relationship;
Intoxication; and
Degree of
instruction and
education of the
offender.
REASON:
It
is the duty of
the
stepparents
bestow upon
their
to
QuickTime and a
RELATIONSHIP
The alternative
circumstance of
relationship shall
be taken into
consideration
when the
offended party is
the
Spouse,
stepchildrenTIFF(Ucompressed)am
others/fathersdcompressor
affection,
are needed to see this picture.
care and
protection.
The relationship
of adopted parent
and adopted
child.
Ascendant,
Descendant,
Legitimate,
natural, or
adopted brother
or sister, or
Relative by affinity
in the same
degree of the
offender.
Other Relatives
Included (By
Analogy):
The relationship
of stepfather or
stepmother and
stepson or
stepdaughter.
When
Relationship
Mitigating And
When
Aggravating:
As a rule,
relationship is
mitigating in
crimes against
property, by
analogy to the
provisions of Art.
332.
Thus, relationship
is mitigating in the
crimes of robbery
(Arts. 294-302),
usurpation (Art.
312), fraudulent
insolvency (Art.
314) and arson
(Arts. 321-322,
325-326).
In crimes against
persons
It is aggravating
where the
offended party is
a relative of
I. a higher
degree than the
offender, or
But when it
comes to physical
injuries:
It is aggravating
when the crime
involves serious
physical injuries
In rape,
relationship is
aggravating
where a
stepfather raped
his stepdaughter
or in a case
where a father
raped his own
daughter.
In crimes against
chastity, like acts
of lasciviousness
(Art. 336),
relationship is
always
aggravating,
regardless of
whether the
offender is a
relative of a
higher or lower
degree of the
offended party.
When the
qualification given
to the crime is
derived from the
relationship
between the
offender and the
offended party, it
is neither
mitigating nor
aggravating,
because it is
inseparable from
and inherent in
the offense. (e.g.
parricide, adultery
and
concubinage).
Page 24 of 174
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INTOXICATION
When
Intoxication
Mitigating And
When
Aggravating:
Mitigating
If intoxication is
not habitual, or
If intoxication is
not subsequent to
the plan to
commit a felony.
Aggravating
If intoxication is
habitual, or
If it is intentional
(subsequent to
the plan to
commit a felony).
To Be Entitled To
The Mitigating
Circumstance Of
Intoxication, It
Must Be Shown:
That such
intoxication is not
habitual, or
subsequent to the
plan to commit
the felony.
To be mitigating,
the accuseds
state of
intoxication must
be proved. Once
intoxication is
established by
satisfactory
evidence, in the
absence of proof
to the contrary, it
is presumed to be
non-habitual or
unintentional.
Low degree of
instruction and
education or
lack of it is
generally
mitigating. High
degree of
instruction and
education is
aggravating,
when the offender
took advantage of
his learning in
committing the
crime.
GENERAL
RULE: Lack of
sufficient
education is
mitigating.
QuickTime and a
TIFF (Uncompressed)
decompressor
INSTRUCTION
OR EDUCATION
EXCEPTIONS: are
needed to see this picture.
As an alternative
circumstance it
does not refer
only to literacy but
more to the level
of intelligence of
the accused.
Crimes against
property (e.g.
arson, estafa,
theft, robbery)
Crimes against
chastity, and
Treason
because love of
country should be
a natural feeling
of every citizen,
however
unlettered or
uncultured he
may be.
individual
prejudice is so
small that penal
sanction is
unnecessary.
The classification
of the offenders
as principal,
accomplice or an
accessory is
essential under
the RPC. The
classification
maybe applied to
special laws only
if the latter
provides for the
same graduated
penalties as those
provided under
the RPC.
TITLE TWO
PERSONS
CRIMINALLY
LIABLE FOR
FELONIES
ART.16.WHO
ARE
CRIMINALLY
LIABLE
Active subject
(the criminal)
Art. 16
enumerates the
active subjects of
the crime.
Passive subject
(the injured party)
Note that
accessories are
not liable for light
felonies.
REASON: In the
commission of
light felonies, the
social wrong as
well as the
Is the holder of
the injured right:
the man, the
juristic person,
the group, and
the State.
However,
corporation and
partnership can
be a passive
subject of a
crime.
GENERALLY:
Corpses and
animals cannot
be passive
subjects because
they have no
rights that may be
injured.
EXCEPTION:
Under Art. 253,
the crime of
defamation may
be committed if
the imputation
tends to blacken
the memory of
one who is dead.
This article
applies only when
the offenders are
to be judged by
their individual,
and not collective,
liability.
Page 25 of 174
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Principal by
DIRECT
PARTICIPATION
(par.1)
ATENEO
CENTRAL BAR
OPERATIONS
2007
ART.17.PRINCIP
ALS
THREE TYPES
OF PRINCIPALS:
Principal by
INDUCTION
(par.2)
Principal by
INDISPENSABL
E
COOPERATION
(par.3)
Par. 1
Principals by
direct
participation
Requisites:
That they
participated in the
criminal
resolution; and
(conspiracy)
NOTE: If the
second element
is missing, those
who did not
participate in the
commission of
the acts of
execution cannot
be held criminally
liable, unless the
crime agreed to
be committed is
treason, sedition,
coup d etat or
rebellion.
MEANING OF
personally took
part in its
execution
Under conspiracy,
although he was
not present in the
scene of the
crime, he is
equally liable as a
principal by direct
participation.
CONSPIRACY
there is unity of
purpose and
intention.
How conspiracy
is established:
QuickTime and a
It is proven by
TIFFovert(Uncompressed)actandecompress
orbeyond reasonable
doubt
Mere knowledge
or approval is
insufficient
moral support
thereto.
It is not necessary
that there be
formal agreement
Conspiracy is
implied when the
accused had a
common purpose
and were united
in execution.
Unity of purpose
and intention in
the commission of
the crime may be
shown in the
following cases:
While conspiracy
may be implied
from the
circumstances
attending the
commission of the
crime, it is
nevertheless a
rule that
conspiracy must
be established by
positive and
conclusive
evidence.
NOTES:
Spontaneous
agreement at the
moment of the
commission of the
crime
Active
cooperation by all
the offenders in
the perpetration
of the crime
Contribution by
positive acts to
the realization of
a common
criminal intent
Presence during
the commission of
the crime by a
band and lending
Conspirator is not
liable for the
crimes of the
others which are
not the object of
the conspiracy
nor are logical or
necessary
consequences
thereof
Regarding
multiple rape
each rapist is
liable for
anothers crime
because each
cooperated in the
commission of the
rapes perpetrated
by the others
EXCEPTION: in
the crime of
murder w/
treachery all the
offenders must at
No such thing as
conspiracy to
commit an
offense through
negligence.
However, special
laws may make
one a coprincipal.
Conspiracy is
negated by the
acquittal of codefendant.
Par. 2
Principals by
induction
Requisites:
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.
One cannot be
held guilty of
having instigated
the commission of
the crime without
first being shown
that the crime
was actually
committed (or
attempted) by
another.
Thus, there can
be no principal by
inducement (or by
indispensable
cooperation)
unless there is a
principal by direct
participation. But
there can be a
principal by direct
participation
without a
Page 26 of 174
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2007
principal by
inducement (or by
indispensable
cooperation).
Two Ways Of
Becoming
Principal By
Induction:
By directly
forcing another
to commit a
crime by :
Using irresistible
force.
Causing
uncontrollable
fear.
In these cases,
there is no
conspiracy, not
even a unity of
criminal purpose
and intention.
Only the one
using the force or
causing the fear is
criminally liable.
The material
executor is not
criminally liable
because of Art.
12, pars. 5 and 6
(exempting
circumstances)
By directly
inducing another
to commit a
crime by
Giving of price,
or offering of
reward or
promise.
The one giving the
price or offering
the reward or
promise is a
principal by
inducement while
the one committing
the crime in
consideration
thereof is a
principal by direct
participation. There
is collective
criminal
responsibility.
Using words of
command
Requisites for
words of
command to be
considered
inducement:
1.
Commander has
the intention of
procuring the
commission of the
crime
2. Commander
has ascendancy
or influence
3.
Words
used be so direct,
so efficacious, so
powerful
4. Command be
uttered prior to the
commission
5. Executor had
no
personalQuickTimeand
reasona
TIFF (Uncompressed)
decompressor are needed to see
this picture.
NOTE: Words
uttered in the heat
of anger and in
the nature of the
command that
had to be obeyed
do not make one
an inductor.
The inducement
must precede the
act induced and
must be so
influential in
producing the
criminal act that
without it, the act
would not have
been performed.
Mere imprudent
advice is not
inducement.
PRINCIPAL BY
OFFENDER WHO
INDUCEMENT
MADE
PROPOSAL TO
COMMIT A
FELONY
There is an
inducement to
commit a crime
In both
when the
crime
is
commit
When liable
a
felony
is
committed
by
the
punishable
in treason
or
principal
by direct
rebellion.
However,
Becomes
the
liable
only
The
participation.
mere
proposal
to
person
to
whom
the
becomes
a principal
by
proposal
is
made
inducement.
should
Otherwise,
the proponent
What kind of
crime involved
Involves any
crime
The
proposal
to
be
Effects Of
Acquittal Of
Principal By
Direct
Participation
Upon Liability Of
Principal By
punishable
Inducement:
must
involve
only treason or
rebellion.
Conspiracy is
negatived by the
acquittal of codefendant.
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.
principal by
inducement.
REASON FOR
THE RULE: 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
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2007
committed, only
that the accused
is not a criminal.
Par. 3 Principal
by
indispensable
cooperation
Requisites:
Participation in
the criminal
Cooperation in
the commission
of the offense by
performing
another act,
without which it
would not have
been
accomplished.
MEANING OF
cooperation in
the commission
of the offense
To desire or wish
in common a
thing. But that
common will or
purpose does not
necessarily mean
previous
understanding, for
it can be
explained or
inferred from the
circumstances of
each case.
responsibility.
Principals by
indispensable
cooperation have
collective criminal
responsibilities
with the principals
by direct
participation.
Individual
Criminal
Responsibility:Qu
ickTimeanda
NOTE: If the
cooperation is not
indispensable, the
offender is only
an accomplice.
Collective
Criminal
Responsibility:
This is present
when the
offenders are
criminally liable in
the same manner
and to the same
extent. The
penalty to be
imposed must be
the same for all.
Principals by
direct
participation have
collective criminal
responsibility.
Principals by
induction, (except
those who directly
forced another to
commit a crime)
and principals by
direct
participation have
collective criminal
decompressor
In the
absence of any
previous
conspiracy, unity
of criminal
purpose and
intention
immediately
before the
commission of the
crime, or
community of
criminal design,
the criminal
responsibility
arising from
different acts
directed against
one and the same
person is
considered as
individual and not
collective, and
each of the
participants is
liable only for the
act committed by
him.
QUASICOLLECTIVE
criminal
responsibility:
Some of the
offenders in the
crime are
principals and the
others are
accomplices.
ART.18.ACCOMP
LICES
Requisites: (the
following must
concur)
That there be
community of
design; that is,
knowing the
criminal design of
the principal by
direct
participation, he
concurs with the
latter 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 an
accomplice.
NOTES:
Before there
could be an
accomplice, there
must be a
principal by direct
participation.
The person
charged as an
accomplice
should not have
inflicted a mortal
wound. If he
inflicted a mortal
wound, he
becomes a
principal by direct
participation.
Accessories are
those who:
In case of doubt,
the participation
of the offender will
be considered
that of an
accomplice rather
than that of a
principal.
without having
participated
therein either as
principals or
accomplices, take
part subsequent
to its commission
in any of the
following acts:
ART.19.ACCESS
ORIES
having knowledge
of the commission
of the crime, and
By profiting
themselves or
assisting the
offender to profit
by the effects of
the crime.
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Assisting the
offender to profit
by the effects of
the crime.
By concealing or
destroying the
body of the crime
to prevent its
discovery.
In profiting by the
effects of the
crime, the
accessory must
receive the
property from the
principal. He
should not take it
without the
consent of the
principal. If he
took it without the
consent of the
principal, he is not
an accessory but
a principal in the
crime of theft.
EXAMPLE:
PAR. 1 - person
received and
used property
from another,
knowing it was
stolen
PAR. 2 - placing a
weapon in the
hand of the dead
who was
unlawfully killed to
plant evidence, or
burying the
deceased who
was killed by the
principals
PAR. 3 - 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
b) 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 crime.
GENERAL
RULE: If the
Principal is
acquitted the
Accessory is also
acquitted. The
responsibility of
the accessory is
subordinate to
that of the
principal in a
crime
Exception: When
the crime was in
fact committed by
the principal, but
the principal is
covered by
exempting
circumstances
(Art 12) and as a
result he is not
held liable.
However, it is
possible that the
accessory may
still be held liable
even if the
principal was
acquitted by an
exempting
circumstance
Trial of accessory
may proceed
without awaiting
QuickTime and a
the result of
TIFF
the(Uncomseparateressed)de
compressor
charge against the
are needed to see this picture.
principal because
the criminal
responsibilities
are distinct from
each other
Two classes of
accessories
contemplated in
par. 3 of art. 19
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.
is not a light
felony.
PRIVATE
persons who
harbor, conceal
or assist in the
escape of the
author of the
crime who is
guilty of treason,
parricide,
murder, or
attempts against
the life of the
President, or
who is known to
be habitually
guilty of some
other crime.
Requisites:
Requisites:
The accessory is
a public officer.
He harbors,
conceals, or
assists in the
escape of the
principal.
The accessory is
a private person.
He harbors,
conceals or
assists in the
escape of the
author of the
crime.
The crime
committed by the
principal is either:
Treason,
Parricide,
Murder,
An attempt
against the life of
the President, or
That the principal
is known to be
habitually guilty of
some other crime.
3160).
The prescribed
acts of the
accessory under
par.
Where the
accused misleads
the authorities by
giving them false
information, such
act is equivalent
to concealment
and he should be
held as an
accessory.
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OPERATIONS
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PRINCIPAL
ACCESSORY
ATENEO
CENTRAL BAR
of the crime
ANTI-FENCING
LAW OF 1979
PRES. DECREE
1612
cooperates in the
commission
does not take part in
the
of the offense by
acts either
commission of the
prior thereto or
simultaneous
offense
therewith
Participates during
commission
Participation of
the
of the crime
accessory in all
cases
always
SUBSEQUENT
to the commission of
the
FENCING is an
act, with intent to
gain, of buying,
selling, receiving,
possessing,
keeping, or in any
other manner
dealing in
anything of value
which a person
knows or should
have known to be
derived from the
proceeds of the
crime of robbery
or theft.
FENCE is a
person who
commits the act
of fencing. A
fence who
receives stolen
property as
above-provided is
not an accessory
but a principal in
the crime defined
in and punished
by the AntiFencing Law.
Mere possession
of anything of
value which has
been the subject
of robbery or theft
shall be prima
facie evidence of
fencing.
spouse, or
ART.20.ACCESS
ORIES WHO ARE
EXEMPT FROM
CRIMINAL
LIABILITY
descendant, or
BASIS:
ascendant, or
legitimate, natural
or adopted
brother, sister or
relative by affinity
within the same
degree.
QuickTime and a
The exemption
providedTIFF(Uncompressed)forin
thisdecompressorarticle is
based on
are needed to see this picture.
AN ACCESSORY IS
EXEMPT FROM
CRIMINAL LIABLITY
WHEN THE
PRINCIPAL IS HIS :
Accessory Is
Not Exempt
From Criminal
Liability Even If
The Principal Is
Related To Him,
If Such
Accessory
profited by the
effects of the
crime, or
assisted the
offender to profit
by the effects of
the crime.
REASON:
Because such
acts are
prompted not by
affection but by a
detestable greed.
apply to PD
1829.
NOTES:
TITLE THREE
Nephew and
Niece not
included
PENALTIES
Public officer
contemplated in
par. 3 of Art. 19 is
exempt by reason
of relationship to
the principal, even
if such public
officer acted with
abuse of his
official functions.
Chapter One :
PENALTIES IN
GENERAL
REASON: Ties of
blood or
relationship
constitutes a more
powerful incentive
than the call of
duty.
P.D. 1829
penalizes the act
of any person who
knowingly or
willfully obstructs,
impedes,
frustrates or
delays the
apprehension of
suspects and the
investigation and
prosecution of
criminal cases.
The benefits of
the exception in
Art. 20 do not
PENALTY
suffering inflicted
by the State for
the transgression
of a law.
Different
Juridical
Conditions Of
Penalty:
Must be
productive of
suffering, without
however affecting
the integrity of the
human
personality.
Must be
commensurate
with the offense
different crimes
must be punished
with different
penalties.
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Must be personal
no one should
be punished for
the crime of
another.
Must be legal it
is the
consequence of a
judgment
according to law.
Must be certain
no one may
escape its effects.
Purpose Of The
State In
Punishing
Crimes
Theories
Justifying
Penalty:
Prevention to
prevent or
suppress the
danger to the
State arising from
the criminal act of
the offender.
Self-defense
so as to protect
society from the
threat and wrong
inflicted by the
criminal.
execution of the
penalties
consisting in
deprivationQuickTimeofli
bertyanda.
TIFF (Uncompressed) decompressor
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.
Three-Fold
Purpose Of
Penalty Under
The Code:
Retribution or
expiation the
penalty is
commensurate
with the gravity of
the offense.
Correction or
reformation
shown by the
rules which
regulate the
3.
Social
defense are
needed
showntoseebythis
picture
its
inflexible.
severity to recidivists
and habitual
delinquents.
ART.21.PENALTI
ES THAT MAY
BE IMPOSED
RULE: A felony
shall be
punishable only
by the penalty
prescribed by law
at the time of its
commission. (Art.
21 simply
announces the
policy of the state
as regards
punishment of
crimes)
REASON:
Because a law
cannot be
rationally obeyed
unless it is first
shown, and a
man cannot be
expected to obey
an order that has
not been given.
It is a guaranty to
the citizens of this
country that no
act will be
considered
criminal until the
Government has
made it so by law
and has provided
a penalty.
Subsidiary
penalty for a
crime cannot be
imposed, if it was
not prescribed by
law prior to its
commission (US
vs. Macasaet
11Phil.447)
ART.22.RETROA
CTIVE EFFECT
OF PENAL
LAWS
NOTE: According
to Reyes, Art. 22
is NOT applicable
to the provisions
of the RPC. Its
application to the
RPC can only be
invoked where
some former or
subsequent law is
under
consideration.
GENERAL
RULE: Penal
laws are applied
prospectively.
EXCEPTION:
When
retrospective
application will be
favorable to the
person guilty of a
felony;
Provided that:
The offender is
NOT a habitual
criminal
(delinquent)
under Art. 62(5);
The new or
amendatory law
does NOT provide
against its
retrospective
application.
The favorable
retroactive effect
of a new law
may find the
defendant in one
of the 3
situations:
The sentence is
being carried out
HABITUAL
DELINQUENT - A
person who,
within a period of
ten years from the
date of his
release or last
conviction of the
crimes of serious
or less serious
physical injuries,
robbery, theft,
estafa, or
falsification, is
found guilty of
any said crimes a
third time or
oftener.
EX POST FACTO
LAW - An act
which when
committed was
not a crime,
cannot be made
so by statute
without violating
the constitutional
inhibition as to ex
post facto laws.
An ex post facto
law is one which:
Makes criminal
an act done
before the
passage of the
law and which
was innocent
when done;
Aggravates a
crime, or makes
it greater than it
was, when
committed;
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Changes the
punishment and
inflicts a greater
punishment than
the law annexed
to the crime when
committed;
Deprives a
person accused
of a crime of
some lawful
protection to
which he has
become entitled,
such as the
protection of a
former conviction
or acquittal, or a
proclamation of
amnesty.
If retroactive
effect of a new
law is justified, it
shall apply to
the defendant
even if he is:
presently on trial
for the offense;
has already been
sentenced but
service of which
has not begun; or
already serving
sentence
The retroactive
effect of criminal
statutes does
NOT apply to the
culprits civil
liability.
REASON: The
rights of offended
persons or
innocent third
parties are not
within the gift of
arbitrary disposal
of the State.
The provisions of
Art. 22 are
applicable even to
special laws
which provide
more favorable
conditions to the
accused.
Criminal liability
under the
repealed law
SUBSISTS:
When the
provisions of the
former law are
reenacted; or
(Note: The right
to punish
offenses
committed
QuickTime and a
under an old
penalTIFF(Uncompressed)lawis
notdecompressorextinguished if
the
are needed to see this picture.
(Note: When a
penal law, which
impliedly
repealed an old
law, is itself
repealed, the
repeal of the
repealing law
revives the prior
penal law, unless
the language of
the repealing
statute provides
otherwise. If the
repeal is
absolute, criminal
liability is
obliterated.)
criminal liability of
the offender.
REASON: A crime
committed is an
offense against
the State. Only
the Chief
Executive can
pardon the
offenders.
EXCEPTION:
Pardon by the
offended party will
bar criminal
prosecution in the
following crimes:
Adultery and
Concubinage (Art.
344, RPC)
3. When there is
a saving clause.
BILL OF
ATTAINDER A
legislative act
which inflicts
punishment
without trial.
ART.23.EFFECT
OF PARDON BY
THE OFFENDED
PARTY
GENERAL
RULE: Pardon by
the offended party
does not
extinguish the
EXPRESS or
IMPLIED pardon
must be given by
offended party to
BOTH offenders.
Pardon must be
given PRIOR to
institution of
criminal action.
Seduction,
Abduction, Acts of
Lasciviousness
(Art. 344, RPC)
EXPRESS
pardon given by
offended party or
her parents or
grandparents or
guardian
Pardon must be
given PRIOR to
the institution of
the criminal
action. However,
marriage between
the offender and
the offended party
EVEN AFTER the
institution of the
criminal action or
conviction of the
offender will
extinguish the
criminal action or
remit the penalty
already imposed
against the
offender, his coprincipals,
accomplices and
accessories after
the fact.
Rape (as
amended by R.A.
8353)
The subsequent
valid marriage
between the
offender and the
offended party
shall extinguish
criminal liability or
the penalty
imposed. In case
the legal husband
is the offender,
subsequent
forgiveness by
the wife as
offended party
shall also produce
the same effect.
Page 32 of 174
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NOTE:
Pardon by the
offended party
under Art. 344 is
ONLY A BAR to
criminal
prosecution; it is
NOT a ground for
extinguishment of
criminal liability. It
DOES NOT
extinguish
criminal liability. It
is not one of the
causes that totally
extinguish
criminal liability in
Art 89
Nevertheless, civil
liability may be
extinguished by
the EXRESS
WAIVER of the
offended
party.Civil liability
w/ regard to the
interest of the
injured party is
extinguished by
the latters
express waiver
because personal
injury may be
repaired through
indemnity. Waiver
must be express.
State has no
reason to insist on
its payment.
and
crime
who
suffered
alarm which are
the
damage
either
to
his
outcome
of
AN OFFENSE
CAUSES TWO
CLASSES OF
INJURIES:
the
person, to his
property, to
SOCIAL INJURY
offense.
PERSONAL
INJURY
his honor or
to her
Produced
by
the
Caused to the
victim of the
disturbance
chastity.
corresponding
penalty.
Is
sought
to
be
Is
repaired
through
repaired through
the
indemnity.
imposition
of
the
The
offended
party
The
offended party
may
cannot
pardon
the
waive the
indemnity
and
offender
so
as
to
the State has no
reason to
relieve
him
of
the
insist in its
payment.
ART.24.MEASUR
ES OF
PREVENTION
OR SAFETY,
WHICH ARE
NOT
CONSIDERED
PENALTIESQuickimean
penalty.
d a TIFF (Uncompressed)
decompressor
The Following
Shall Not Be
Considered As
Penalties:
The commitment
of a minor to any
of the institutions
mentioned in Art.
80 (now Art.
Suspension from
the employment
or public office
during the trial or
in order to
institute
proceedings.
Fines and other
corrective
measures which,
in the exercise of
their
administrative or
disciplinary
powers, superior
officials may
impose upon their
subordinates.
Deprivation of
rights and the
reparations which
the civil law may
establish in penal
form.
Reasons why
they are not
penalties:
The offender is
not subjected to
or made to suffer
these measures
in expiation of or
as punishment for
a crime.
Note: Those in
par 1, 3 and 4 are
merely preventive
measures before
the conviction of
offenders.
Par. 1 refers to
accused
persons who are
detained by
reason of insanity
or imbecility. It
does not refer to
the confinement
of an insane or
imbecile who has
not been arrested
for a crime. It
Paragraphs 3 and
4 refer to
administrative
suspension and
administrative
fines and not to
suspension or fine
as penalties for
violations of the
RPC. Fines in par.
4 do not constitute
as penalties
because they are
not imposed by
the court.
The deprivations
of rights
established in
penal form by the
civil laws is
illustrated in the
case of parents
who are deprived
of their parental
authority if found
guilty of the crime
of corruption of
their minor
children, in
accordance with
Art. 332 of the
Civil Code.
Where a minor
offender was
committed to a
reformatory
pursuant to Art.
80 (now, PD 603),
and while thus
detained he
commits a crime
therein, he cannot
be considered a
quasi-recidivist
since his
detention was
only a preventive
measure,
whereas a quasirecidivism
presupposes the
commission of a
Page 33 of 174
OPERATIONS
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2007
Criminal
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ATENEO
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Commitment of a
minor is not a
penalty because it
is not imposed by
the court in a
judgment. The
imposition of the
sentence in such a
case is
suspended.
OR LIGHT
PENALTY
Fines:
Afflictive over
6000
Correctional 201
to 6000
Light 200 and
less
proceedings with
arresto mayor or
fine from 200 pesos
to 1000 pesos) or
single (Ex. fine of
200 to 6000 pesos)
Penalty cannot be
imposed in the
alternative since it
is the duty of the
court to indicate the
penalty imposed
definitely and
positively. Thus, the
court cannot
sentence the guilty
person in a manner
as such as to pay
fine of 1000 pesos,
or to suffer an
imprisonment of 2
years, and to pay
the costs.
NOTES:
* People vs. Yu
Hai (99 Phil. 725):
The classification
applies if the fine
is imposed as a
single or
alternative penalty.
Hence, it does not
apply if the fine is
imposed together
with another
penalty.
liberally in favor of
the accused,
hence Art. 9
prevails over
Applicable in
determining
Art. 26.
determining the
ctive
prescriptive period
of
penalties
over
Distinction between
classification of
Penalties in
felonies
600
0;
Article 9
Article 26
Affli
Corr
ecti
Applicable in
onal 201 to
6000; Light 200
and less
Chapter Three
DURATION AND
EFFECTS OF
PENALTIES
Section One.
Duration of
Penalties
Art. 27:
RECLUSION
PERPETUA
Reclusin
perpetua 20
years and 1 day to
40 years
Reclusin
temporal 12
years and 1 day to
20 years
Prisin mayor and
temporary
disqualification
6 years and 1 day
to 12 years, except
when
disqualification is
an accessory
penalty, in which
case its duration is
that of the principal
penalty
Prisin
correccional,
suspensin, and
destierro 6
months and 1 day
to 6 years, except
when suspensin is
an accessory
penalty, in which
case its duration is
that of the
principal penalty
Arresto mayor 1
month and 1 day to
6 months
Page 34 of 174
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Arresto menor
1 day to 30 days
Bond to keep
the peace The
period is
discretionary on
the court.
NOTES:
Destierro is a
principal, divisible
and correctional
penalty.
Cases when
destierro
imposed:
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)
d.
In cases
where after
reducing the
penalty by one or
more degrees,
destierro is the
proper penalty.
ART. 28:
COMPUTATION
OF PENALTIES
Rules on
Computation of
Penalties:
When the
offender is in
prison the
duration of the
temporary
penalties
(Permanent
Absolute
Disqualification,
Temporary
Absolute
Disqualification,
detention,
suspension) is
from the day on
which the
judgment of
conviction
becomes final.
When the
offender is not
in prison the
duration of the
penalty of
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
the other
penalties the
duration is from
the day on w/c
the offender
commences to
serve his
sentence
decision of
theareneededappellatet
oseethispicture
court,. not
the trial courts.
Service in prison
begins only on
the day the
judgment of
conviction
becomes final.
In cases of
temporary
penalties, and if
the offender is
under detention
(as when
undergoing
preventive
imprisonment),
rule
(a) applies.
If he is not under
detention
(released on bail),
rule (c) applies.
NOTES:
If offender is
under preventive
imprisonment,
rule (c) applies,
not rule (a).
The offender is
entitled to a
deduction of the
full time or 4/5 of
Instances when
accused
undergoes
preventive
suspension:
offense is nonbailable
bailable but cant
furnish bail
Notes:
four-fifths of the
time: if the
detention prisoner
does not agree to
abide by the
same disciplinary
rules imposed
upon convicted
prisoners
In the case of a
youthful offender
who has been
proceeded
against under the
Child and Youth
Welfare Code, he
shall be credited
in the service of
his sentence with
the full time of
his actual
detention,
regardless if he
agreed to abide
by the same
disciplinary rules
of the institution
or not.
Offenders not
entitled to be
credited with the
full time or fourfifths of the time
of their preventive
imprisonment:
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
(convicts who
failed to
voluntarily
surrender to
serve their
penalties under a
final judgment,
not those who
failed or refused
to voluntarily
surrender after
the commission of
the crime)
Habitual
Delinquents are
not entitled to
credit of time
under preventive
imprisonment
since he is
necessarily a
recidivist or has
been convicted
previously twice
or more times of
Page 35 of 174
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ATENEO
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consisting of
deprivation of
liberty
(imprisonment
and destierro),
whether perpetual
or temporal. Thus,
persons who had
undergone
preventive
imprisonment but
the offense is
punishable by a
fine only would
not be given
credit.
any crime.
Duration of RP is
to be computed at
30 years, thus,
even if the
accused is
sentenced to life
imprisonment, he
is entitled to the
full time or 4/5 of
the time of
preventive
suspension
Credit is given in
the service of
sentences
Destierro is
considered a
deprivation of
liberty.
If the penalty
imposed is
arresto menor to
destierro, the
accused who has
been in prison for
30 days (arresto
menor to 30 days)
should be
released because
although the
maximum penalty
is destierro (6
months and 1 day
to 6 years), the
accused
sentenced to
such penalty does
not serve it in
prison.
Section Two.
Effects of the
penaltiesaccordi
ng to their
respective
nature
Temporary
absolute
disqualification
is effective during
the term of
sentence and is
removed after the
service of the
same.
Exceptions: (1)
deprivation of the
public office
ART. 30:
EFFECTS OF
THE PENALTIES
OF PERPETUAL
OR
TEMPORARY
ABSOLUTE
DISQUALIFICATI
ON
NOTES:
The exclusion is a
mere
disqualification
from protection,
and not for
punishment the
withholding of a
privilege, not a
denial of a right.
Perpetual
absolute
disqualification
is effective during
the lifetime of the
convict and even
after the service
of the sentence.
or employment;
(2) loss of all
rights to
retirement pay or
other pension for
any office
A
plebiscite isare
noteededmentionedto
seehispicture.
or
contemplated in
Art.30, par. 2
(deprivation of the
right to vote),
hence, the
offender may vote
in that exercise,
subject to the
provisions of
pertinent election
laws at the time.
Effects of
Perpetual and
temporary
absolute
disqualification:
Deprivation of any
public office or
employment of
offender
Deprivation of the
right to vote in
any election or to
be voted upon
Loss of rights to
retirement pay or
pension
ART. 31:
EFFECT OF THE
PENALTIES OF
PERPETUAL OR
TEMPORARY
SPECIAL
DISQUALIFICATI
ON
ART. 32:
EFFECT OF THE
PENALTIES OF
PERPETUAL OR
TEMPORARY
SPECIAL
DISQUALIFICATI
ON FOR THE
EXERCISE OF
THE RIGHT OF
SUFFRAGE
NOTE:
Temporary
disqualification if
imposed is an
accessory
penalty. Its
duration is that of
the principal
penalty.
Effects of
Perpetual and
Temporary
Special
Disqualification:
For public office,
profession, or
calling
Deprivation of the
office,
employment,
profession or
calling affected
Disqualification
for holding similar
offices or
employment
during the period
of disqualification
OR THE RIGHT
OF SUFFRAGE
Effects:
Deprivation of the
right to vote or to
be elected in an
office
ART. 33:
EFFECTS OF
THE PENALTIES
OF
SUSPENSION
FROM ANY
PUBLIC OFFICE,
PROFESSION
OR CALLING,
Disqualification
from holding such
office or the
exercise of such
profession or right
of suffrage during
the term of the
sentence
Cannot hold
another office
having similar
functions during
the period of
suspension
Page 36 of 174
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Parental rights
Guardianship over
the ward
Marital authority
ATENEO
CENTRAL BAR
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2007
Effects;Deprivati
on of the
following rights:
Right to manage
property and to
dispose of the
same by acts inter
vivos
Civil Interdiction
is an accessory
penalty to the
following
principal
penalties:
If death penalty is
commuted to life
imprisonment
Reclusion
perpetua
Reclusion
temporal
*He can dispose
of such property
by will or donation
mortis causa
ART. 35:
EFFECTS OF
BOND TO KEEP
THE
PEACE
ART. 36:
PARDON; ITS
EFFECT
NOTES:
Pardon by the
President does not
restore the right to
public office or
suffrage except
when both are
expressly restored
in the pardon. Nor
does it exempt one
from civil liability or
from payment of
civil indemnity.
Limitations to
Presidents power
to pardon:
can be exercised
only after final
judgment
o
does not
extend to cases of
impeachment
does not
extinguish civil
liability only
criminal liability
GENERAL RULE:
PardonQuickTimegranted
anda in general terms
TIFF (Uncompressed) decompressor
if the absolute
pardon is granted
after the term of
imprisonment has
expired, it
removes all that is
left of the
consequences of
conviction.
However, if the
penalty is life
imprisonment and
after the service of
30 years, a
pardon is granted,
the pardon does
not remove the
accessory penalty
of absolute
perpetual
disqualification
Pardon by the
offended party
does not
extinguish criminal
liability; may
include offended
party waiving civil
indemnity and it
should be done
before the
institution of the
criminal
prosecution and
extended to both
offenders.
PARDON
BY
PARDON
if the facts and
circumstances of
the case show
that the purpose
of the President is
to precisely
restore the rights
i.e., granting
absolute pardon
after election to a
post (mayor) but
before the date
fixed by law for
assuming office to
enable him to
assume the
position in
deference to the
popular will
BY
Crimes
THE
against
CHIEF
covered
OFFENDED
unless
EXECUTIVE
chastity
under
PARTY
(ART.
otherwise
(ART. 36)
the RPC only
23)
Crime
provided
by
or
Any
crime,
subject
or the laws
to
Extinguish-
Extinguishes
conditions
in
Does
not
ment
of
criminal liability
the Constitution
extinguish
criminal
to
criminal
liability
the
liability
although it may
prosecution
of
constitute a bar
the offender
Effect
on
Cannot
affect
When
Offended party
civil liability
Only
after
the civil
liability
can waive
granted
the
conviction
by
ex delicto of the
institution of the
civil liability
final judgment
criminal action
offender
To whom
it
May
accused
be
Cannot
concubinage,
validly
can
be
absolute
or
must
include
be
made
conditional
conditional
subject
to
a
Costs include:
condition
1. fees
Page 37 of 174
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conviction. In
case of acquittal,
the costs are de
oficio, each party
bearing his own
expense.
ATENEO
CENTRAL BAR
OPERATIONS
No costs are
allowed against
the Republic of
the Philippines,
until law provides
the contrary.
2007
indemnities, in the
course of judicial
proceedings
The payment of
costs is fully
discretionary on
the Court.
NOTE:
ART. 38:
PECUNIARY
LIABILITIES;
ORDER OF
Costs (expenses
of the litigation)
are chargeable to
the accused in
case of
PAYMENT
Pecuniary
liabilities of
persons
criminally liable,
in the following
order:
The reparation of
the damage
caused
Indemnification of
the consequential
damages
Fine
Costs of
proceedings
NOTES:
It is applicable in
case the
properties of the
offender are not
sufficient for the
payment of all his
pecuniary
liabilities. Hence,
if the offender has
insufficient or no
property, there is
no use for Art 38.
QuickTime and a
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ART. 39:
SUBSIDIARY
PENALTY
Order of payment
is mandatory.
NOTES:
should be
considered in
determining
whether or not
subsidiary penalty
should be
imposed.
There is no
subsidiary penalty
for non-payment
of reparation,
indemnification
and costs in par
1, 2 and 4 of Art
38. It is only for
fines.
Art 39 applies
only when the
convict has no
property with
which to meet the
fine in par 3 of art
38. Thus, a
convict who has
non-exempt
property enough
to meet the fine
cannot choose to
serve the
subsidiary penalty
instead of
payment of the
fine.
Subsidiary
imprisonment is
not an accessory
penalty. It is
covered by Arts.
40-45 of this
Code. Accessory
penalties are
deemed imposed
even when not
mentioned, while
subsidiary
imprisonment
must be expressly
imposed.
RULES AS TO
SUBSIDIARY
PENALTY
If the penalty
imposed is prisin
correccional or
arresto and fine
subsidiary
imprisonment is
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 is:
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 prisin
correccional no
subsidiary
imprisonment.
If the penalty
imposed is not to
be executed by
confinement, but
of fixed duration
subsidiary penalty
shall consist in
the same
deprivations as
those of the
principal penalty,
under the same
rules as nos. 1, 2
and 3 above.
In case the
financial
circumstances of
the convict should
improve, he shall
pay the fine,
notwithstanding
WHERE NO
SUBSIDIARY
PENALTY
SHALL BE
IMPOSED:
The penalty
imposed is higher
than prisin
correccional or 6
years,
For non-payment
of reparation or
indemnification,
For non-payment
of costs, and
Where the
penalty imposed
is a fine and
another penalty
without fixed
duration, like
Page 38 of 174
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censure.
Section Three.
Penalties in
which other
accessory
penalties are
inherent
Principal
Penalties
ART. 40:
DEATH; ITS
ACCESSORY
PENALTIES
ART. 41:
RECLUSION
PERPETUA
AND
RECLUSION
TEMPORAL;
THEIR
ACCESSORY
PENALTIES
ART. 42:
PRISION
MAYOR; ITS
ACCESSORY
PENALTIES
ART. 43:
PRISION
CORRECCION
AL; ITS
ACCESSORY
PENALTIES
ART. 44:
ARRESTO; ITS
ACCESSORY
PENALTIES
Outline Of
Accessory
Penalties
Inherent In
Death, if not
executed
because of
commutation or
pardon
perpetual
absolute
disqualification
civil interdiction
during 30 years
(if not expressly
remitted in the
pardon)
Reclusion
Perpetua and
Reclusion
Temporal
civil interdiction
for life or during
the sentence
perpetual
absolute
disqualification
(unless
expressly
remitted in the
pardon)
Prision Mayor
temporary
absolute
disqualification
perpetual
special
disqualification
from suffage
(unless
expressly
remitted in the
pardon)
Prision
Correccional
suspension from
public office,
profession or
calling
perpetual
special
disqualification
QuickTime and a
fromTIFF
suffraged)
ifthessorduration of
(Uncompress
decompr
the
are needed to see this picture.
imprisonment
exceeds 18
months (unless
expressly
remitted in the
pardon)
NOTES:
The accessory
penalties in Art
40-44 must be
suffered by the
offender,
although
pardoned as to
the principal
penalties. To be
relieved of these
penalties, they
must be
expressly
remitted in the
pardon.
No accessory
penalty for
destierro
Persons who
served out the
penalty may not
have the right
to exercise the
right of
suffrage. For a
prisoner who
has been
sentenced to
one year of
imprisonment
or more for any
crime, absolute
pardon restores
to him his
political rights.
If the penalty is
less than one
year,
disqualification
does not attach
except if the
crime done was
against
property.
The nature of
the crime is
immaterial
when the
penalty
imposed is one
year
imprisonment
or more.
The accessory
penalties are
understood to
be always
imposed upon
the offender by
the mere fact
that the law
fixes a certain
penalty for the
crime.
PERPETUA
The accessory
penalties do not
affect the
jurisdiction of the
court in which
the information
is filed because
they do not
modify or alter
the nature of the
penalty provided
by law. What
determines
jurisdiction in
criminal cases is
the principal
penalty.
RECLUSION
LIFE
IMPRISONMEN
T
Specific
duration
of
no definite
term or
20 years and 1
day
accessory
penalties
Imposable
on
to 40
years
and
Imposable
on
crimes
felonies
punished by
punishable
accessory
penalties
by
special
the RPC
laws
Every penalty
imposed carries
with it the
forfeiture of the
proceeds of the
crime and the
instruments or
tools used in
the commission
of the crime.
The proceeds
and
instruments/tool
s of the crime
are confiscated
in favor of the
government.
ART. 45:
CONFISCATION
AND
FORFEITURE
OF THE
PROCEEDS OR
INSTRUMENTS
OF THE CRIME
The property of
3rd persons (not
liable for the
offense) is not
subject to
confiscation
and
Page 39 of 174
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2007
forfeiture.
Property not
subject of lawful
commerce
(whether it
belongs to the
accused or a 3rd
person) shall be
destroyed.
NOTES:
There cannot be
confiscation or
forfeiture unless
theres a criminal
case filed, tried
and accused is
convicted.
Third person must
be indicted to
effect confiscation
of his property.
Instruments of the
crime belonging
to an innocent 3rd
person may be
recovered.
Confiscation can
be ordered only if
the property is
submitted in
evidence or
placed at the
disposal of the
court.
judgment of
acquittal shall
order their
forfeiture for
appropriate
disposition.
Confiscation &
forfeiture are
additional
penalties. When
the penalty
imposed did not
include the
confiscation of the
goods involved,
the subsequent
confiscation &
forfeiture of said
goods would be
an additional
penalty,
amounting to an
increase of the
penalty already
imposed, thereby
placing the
accused in double
jeopardy. In case
the accused
appeals,
confiscation and
forfeiture not
ordered by the
trial court may be
imposed by the
appellate court
The government
can not appeal
the modification
of a sentence if
the defendant did
not appeal. But if
the defendant
appeals, it
removes all bars
to the review and
correction of the
penalty imposed
by the court
below, even if an
increase thereof
should be the
result
QuickTime and a
When Art. 45
cannotTIFF(Uncompresse
d)applydecompressor:
Chapter Four
APPLICATION
OF PENALTIES
Section One.
Rules for the
application of
penalties to the
persons
criminally liable
and for the
graduation of
the same.
1.
The
instruments
belong to
innocent third
parties
2.
Such
properties have
not been placed
under the
jurisdiction of the
court
3. When it is
legally or
physically
impossible.
ART. 46:
PENALTY TO BE
IMPOSED UPON
PRINCIPALS IN
GENERAL
GENERAL
RULE: The
penalty
prescribed by law
in general terms
shall be imposed:
upon the
principals
for consummated
felony
EXCEPTION:
when the law
fixes a penalty for
the frustrated or
attempted felony.
Whenever it is
believed that the
penalty lower by
one or two
degrees
corresponding to
said acts of
execution is not
proportionate to
the wrong done,
the law fixes a
distinct penalty for
the principal in
the frustrated or
attempted felony.
The Graduation
Of Penalties
Refers To:
By degree
stages of
execution
(consummated,
frustrated,
attempted)
degree of the
criminal
participation of
the offender
(principal,
accomplice,
accessory)
By period
(minimum,
medium,
maximum) refers to the
proper period of
the penalty w/c
should be
imposed when
aggravating or
mitigating
circumstances
attend the
commission of the
crime
Death Penalty
Not Imposed In
The Following
Cases:
1.
under
age - when the
offender is under
18 yrs of age at
the time of
commission.
Why? - Because
minority is always
a mitigating
circumstance
Page 40 of 174
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2007
automatic review
of the case by the
SC, the vote of
eight members is
not obtained for
the imposition of
death
JUSTIFICATION
FOR THE DEATH
PENALTY: social
defense and
exemplarity. Not
considered cruel
and unusual
because it does
not involve torture
or lingering death.
CRIMES
PUNISHABLE
BY DEATH
UNDER THE
DEATH
PENALTY LAW
(RA 7659)
Treason
Qualified Piracy
Qualified Bribery
Parricide
Murder
Infanticide
Kidnapping and
Serious Illegal
Detention
Robbery with
Homicide, Rape,
Intentional
Mutilation,
Arson
or
9.
Rape
with the use of a
deadly weapon,
or by two or more
persons
ART.48:
PENALTY FOR
COMPLEX
CRIMES
2 or more less
grave felonies
COMPLEX
CRIME
although there
actually are two
or more crimes,
the law treats
them as
constituting only
one- as there is
only one criminal
intent. Only one
information need
be filed.
complex crime
proper when an
offense is a
necessary means
for committing
another
Kinds Of
Complex
Crimes:
compound crime
single act
constitutes 2 or
more grave or
less grave
felonies
Requisites:
QuickTime and a
a.
thatTIFFonly(Uncompressoned)sin
gledecompressoract is
performed
Requisites:
that at least 2
offenses are
committed
by the offender
that the single act
produces
2 or more grave
felonies
one or more
grave and one or
more less grave
felonies
No Single Act In
The Following
Cases:
when 2 persons
are killed one
after the other, by
different acts,
although these 2
killings were the
result of a single
criminal impulse.
The different acts
must be
considered as
distinct crimes.
when the acts are
wholly different,
not only in
themselves, but
also because they
are directed
against 2 different
persons, as when
one fires his gun
twice in
succession, killing
one and injuring
the other.
Light felonies
produced by the
same act should
be treated and
punished as
separate
offenses, or may
be absorbed by
the grave felony.
NOTES:
When in
obedience to an
order, several
accused
simultaneously
shot many
persons, w/o
evidence how
many each killed,
there is only a
single offense,
there being a
single criminal
impulse.
For the
attainment of a
single purpose
w/c constitutes an
offense, various
acts are
executed, such
acts must be
considered only
as one offense.
(Gregorio does
not agree with
this.)
When a complex
crime is charged
and one offense
is not proven, the
accused can be
convicted of the
other.
There is no
complex crime of
arson w/
homicide.
Art 48 is
applicable to
crimes through
negligence.
Kidnapping the
victim to murder
him in a
secluded place
ransom wasnt
paid so victim
was killed.
Kidnapping was a
necessary means
to commit murder.
But where the
victim was taken
from his home but
it was solely for
the purpose of
killing him and not
for detaining him
illegally or for the
purpose of
ransom, the crime
is simple murder.
Necessary
means does
not mean
indispensable
means.
Indispensable
Page 41 of 174
would mean it is
an element of the
crime. The crime
can be committed
by another mean.
There is no complex
crime of rebellion w/
murder, arson,
robbery or other
common crimes.
They are mere
ingredients of the
crime of rebellion
absorbed already.
(according to
Ortega, complex)
When 2 crimes
produced by a single
act are respectively
within the exclusive
jurisdiction of 2
courts of different
jurisdiction, the court
of higher jurisdiction
shall try the complex
crime.
Art. 48 is intended to
favor the culprit.
The penalty for
complex crime is the
penalty for the most
serious crime, the
same to be applied
in its maximum
period. If the
different crimes
resulting from one
single act are
punished w/ the
same penalty, the
penalty for any one
of them shall be
imposed, the same
to be applied in the
maximum period.
The same rule shall
be observed when
an offense is a
necessary means
to commit the
other.
A complex crime of
the second form
may be committed
by two persons.
When two
felonies
constituting a
complex crime are
punishable by
imprisonment and
fine, respectively,
only the penalty of
imprisonment shall
be imposed.
Reason: Fine is
not included in the
list of penalties in
the order of
severity and it is
the last in the
graduated scales
in Art. 71.
When a
single act
constitutes two
grave or less grave
or one grave and
imprisonment while
that for the other is
fine, the severity of
the penalty for the
more serious crime
should not be judged
by the classification
of each of the
penalties involved,
but by the nature of
the penalties.
In the order of
severity of the
penalties, arresto
mayor and arresto
menor are
considered more
severe than
destierro and arresto
menor is higher in
degree than
destierro.
There is NO
COMPLEX CRIME
in the following:
In case of continuing
crimes
When one offense is
committed to
conceal the other
Robbery with
Homicide
Robbery with Rape
Rape with
Homicide
48
b. when the law
specifically fixes a
single penalty for
2
Kidnapping with
Serious Physical
Injuries
or
Kidnapping with
Homicide
offenses committed:
more
robbery
PLURALITY OF
CRIMES
consists in the
successive
execution by the
same individual of
different criminal
acts upon any of
which no
conviction has yet
been declared.
w/
homicide,
kidnapping
w/
serious physical
injuires
Kinds Of Plurality
Of Crimes:
Formal or Ideal
only one criminal
liability. Formal or
ideal crimes are
further divided into
Page 42 of 174
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Lesser penalty to be
2007
ART 49
imposed in its
maximum
ART 48
period
imposed in its
maximum
period
CONTINUED
CRIME refers to a
single crime
consisting of a
series of acts but all
arising from one
criminal resolution.
Although there is a
series of acts, there
is only one crime
committed, so only
one penalty shall be
imposed.
Ex of continued
crimes:
A collector of a
commercial firm
misappropriates for
his personal use
several amounts
collected by him
from different
persons. There is
only one crime
because the
different and
successive
appropriations are
but the different
moments during w/c
one criminal
resolution arises.
NOTE: A continued
crime is not a
complex crime, as
the offender does
not perform a single
act but a series of
acts. Therefore:
penalty not to be
imposed in the
maximum
no actual provision
punishing continued
crime It is a
principle applied in
connection with 2 or
more crimes
committed with a
single intention.
NOTE: A continued
(continuous or
continuing) crime is
different from a
transitory crime.
Transitory crime is
moving crime.
REAL/MATERIAL
CONTINUED CRIME
Juan steals 2 books
belonging to 2
different persons.
He commits only
Different acts
constitute
PLURALITY
a separate crime
because
Same
each act is generated
by a
performed by the
offender
all of the acts
performed
criminal impulse
PLURALITY OF
CRIMES
RECIDIVISM
resolution.
No conviction of the
crimes
There must be
conviction
committed
prescribes a higher
penalty for either of
the latter, the
penalty for the
attempted or
frustrated crime
shall be imposed in
its maximum period.
NOTES:
prior offense
RULES:
Art. 49 has
reference to the
provision in the 1st
par of Art .4 which
provides that
criminal liability shall
be incurred by any
person committing a
felony although the
wrongful act done
be different from that
which he intended.
Art. 49 is applicable
only in cases when
there is a mistake in
identity of the victim
of the crime (error in
personae) and the
penalty for the crime
committed is
different from that for
the crime intended
to be committed.
Art. 49 also has no
application where a
more serious
consequence not
intended by the
offender befalls the
same person.
In Art. 49, pars. 1
and 2, the lower
penalty in its
maximum period is
always imposed.
Criminal
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Summer
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ATENEO
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OPERATIONS
2007
Page 43 of 174
consummated
felony
Distinctions
between Degree
and Period
Degree
committed
considering
consisting
of
Period
the
the stages of
execution
maximum,
medium,
and
the
degree
of
and
Refers
minimum,
to
after
the
penalty
Refers to the
duration
participation
of
the
imposable for a
considering
felony
the
of
the
penalty
offender
presence or
absence
May
refer
to
both
of
Refers
only
aggravating
to
divisible and
indivisible
divisible penalties
penalties
circumstances
APPLICATION OF
ARTICLE 50 TO 57
Accessory
2 less
Participation
3 less
Consummated
4 less
Frustrated
Attempted
NOTES:
Principal
Penalty
1 less
2 less
imposed by law
Accomplice
1 less
2 less
3 less
ART. 58:
ADDITIONAL
PENALTY TO BE
IMPOSED UPON
CERTAIN
ACCESSORIES
NOTE: Art. 58 is
limited only to grave
and less grave
felonies since it is
not possible to have
accessories liable
for light felonies. It is
further limited to
those whose
participation in the
crime is
characterized by
the misuse of public
office or authority.
Degree one
whole penalty,
one entire penalty
or one unit of the
penalties
enumerated in the
graduated scales
provided for in Art.
71
Period one of 3
equal portions,
min/med/max of a
divisible penalty. A
period
of a divisible
penalty when
prescribed by the
QuickTime and a
Code as
aTIFFpenalty(Ucompressed)for
decompressorafelony, is in itself
a
degree.
accessories:
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
NOTES:
Page 44 of 174
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ATENEO CENTRAL
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felonies.
However,
considering Article
4, this article is
actually limited to
offenses against
persons or property.
ART. 60:
EXCEPTION TO
THE RULES
ESTABLISHED IN
ARTICLES 50 TO
57
ascendants,
guardians, curators,
teachers and any
person who, by
abuse of authority
or confidential
relationship, shall
cooperate as
accomplices in the
crimes of rape, acts
of lasciviousness,
seduction,
corruption of
minors, white slave
trade or abduction.
one who furnished
the place for the
perpetration of the
crime of slight
illegal detention
NOTE: Accessory
punished as
principal: Art 142
punishes an
accessory for
knowingly
concealing certain
evil practices
use of a falsified
document
use of a falsified
dispatch
PENALTIES
Cases where
penalty imposed
on accessories
are one degree
lower instead of
two degrees:
knowingly using
counterfeited seal
or forged signature
or stamp of the
President of the
Republic
illegal possession
and use of false
treasury or bank
note
presence of the
privilegedarenedmitigatin
gtoseethispicture.circumstan
ce, or when the penalty
is divisible and there
are two or more
mitigating
circumstances and
there are no
aggravating
circumstances.
GRADUATED
SCALE IN ART. 71
Indivisible
Penalties:
Death
Reclusion Perpetua
Divisible
Penalties:
(maximum,
medium,
minimum)
Reclusion Temporal
Prision Correcional
more divisible
penalties to be
imposed to their full
extent
Arresto Mayor
Destierro
Arresto Menor
Public Censure
Fine
RULES TO BE
OBSERVED IN
LOWERING THE
PENALTY BY ONE
OR TWO
DEGREES
Rule No. 2:
Rules 4 and 5:
if the penalty
prescribed in the
Code consists of
three periods
corresponding to
different divisible
penalties, the
penalty next lower
is that consisting in
the three periods
down the scale
if the penalty
prescribed in the
Code consists of
two periods, the
penalty next lower
is that consisting in
two periods down
the scale
if the penalty
prescribed in the
Code consists in
only one period, the
penalty next lower
is the next period
down in the scale
NOTE: Mitigating
and Aggravating
circumstances are
first disregarded in
the application of
the rules for
graduating
penalties. It is only
after the penalty
next lower in
degree is already
determined that the
mitigating and
aggravating
circumstances
should be
Page 45 of 174
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MITIGATING OR
AGGRAVATING
CIRCUMSTANCES
AND OF
HABITUAL
DELINQUENCY
2007
considered.
Par. 1: Aggravating
circumstances are
not to be taken into
account when:
they themselves
constitute a crime.
Ex. by means of
fire arson
they are included
by law in the
definition of a crime
material execution
of the act
means employed to
accomplish the
crime
Par. 5: Habitual
Delinquent is a
person who within
the period of 10
years from the date
of his (last) release
or last conviction of
the crimes of:
Falsification
Par. 3: Aggravating
or mitigating
circumstances
arising from any of
the following affect
only those to whom
such circumstances
are attendant:
Robbery
is found guilty of
any of the said
crimes a third time
or oftener.
Estafa
Theft
Serious or less
serious physical
injuries
NOTES: TIFF
QuickTime and a
(Uncompressed) decompressor
Par. 4: the
circumstances
which consist of the
following shall
serve to aggravate
and mitigate the
liability only of
those who had
knowledge of them
at the time of the
commission of the
offense
Effects of the
circumstances:
o Aggravating
circumstances
(generic
and specific)
have the
effect
of
increasing
the
release or
conviction
penalty,
without
however
exceeding
the
Subsequent crime
must be committed
after conviction of
the former crime.
Cases still pending
are not to be taken
into consideration.
maximum period
provided
by
law.
o Mitigating
circumstances have
the
HABITUAL
RECIDIVISM
effect ofdiminishing
the
penalty.
o
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.
DELINQUENCY
Crimes to be
committed
Ten year period to
be computed from
the time of last
Same title
time or oftener
are specified
Additional penalty is
W/ in 10 years
No time fixed by
law
imposed
increases penalty to
Second conviction
maximum
REQUISITES Of
Habitual
Delinquency:
after serving
sentence for the
second offense, he
again committed,
and, within 10 years
from his last release
or last conviction,
he was again
convicted of any of
said offenses, the
third time or oftener
Rulings on
Habitual
Delinquency:
Page 46 of 174
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ATENEO CENTRAL
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2007
When an offender
has committed
several crimes
mentioned in the
definition of habitual
delinquent, without
being first convicted
of any of them
before committing
the others, he is not
a habitual
delinquent.
Convictions on the
same day or at
about the same
time are considered
as one only (days,
weeks..).
Crimes committed
on the same date,
although
convictions on
different dates are
considered as one.
Previous
convictions are
considered every
time a new offense
is committed.
Commissions of
those crimes need
not be
consummated.
Habitual
delinquency applies
to accomplice and
accessories.
A crime committed
during the minority
of the offender is
not counted
because
proceedings as
regards that crime
are suspended.
Imposition of
additional penalty is
mandatory and
constitutional.
Modifying
circumstances are
applicable to
additional penalty.
Habitual
delinquency is not a
crime. It is simply a
fact or circumstance
which if present
gives rise to the
imposition of
additional penalty.
Penalty for habitual
delinquency is a
real penalty that
determines
jurisdiction.
A habitual
delinquent is
necessarily a
recidivist.
In imposing the
additional penalty,
recidivism is not
aggravating. The
additional penalty
must be imposed in
its minimum.
Habitual
delinquency applies
at any stage of the
execution because
subjectively, the
offender reveals the
same degree of
depravity or
perversity as the
one who
An offender can be
a habitual
delinquent without
being a recidivist,
when no two of the
crimes committed
are embraced in the
same title of the
Code. (Reyes)
NOTES:
The
impositionTIFF(Uncofmpressthe
d)additionaldecompressor
penalties on
commits a
consummated
crime.
Habitual
delinquency applies
to all participants
because it reveals
persistence in them
of the inclination to
wrongdoing and of
the perversity of
character that led
them to commit the
previous crime.
habitual delinquents
are constitutional, it
is simply a
punishment on
future crimes on
account of the
criminal
propensities of the
accused.
The imposition of
such additional
penalties are
mandatory.
INDIVISIBLE
PENALTIES
indivisible
penalties:
Penalty is single
and indivisible
applied regardless
of the presence of
aggravating and
mitigating
circumstances
Penalty composed
of two indivisible
penalties
One aggravating
circumstance
present higher
penalty
GENERAL RULE:
When the penalty is
composed of 2
indivisible penalties,
the penalty cannot
be lowered by one
degree, no matter
how many
mitigating
circumstances are
present
EXCEPTION: In
cases of privileged
mitigating
circumstances
One mitigating
circumstance
present
lower penalty
Some mitigating
circumstances
present and no
aggravating lower
penalty
Mitigating and
Aggravating
Circumstances are
present basis in
number and
importance
NOTES:
Art 63 applies only
when the penalty
prescribed by the
Code is either one
indivisible penalty
or 2 indivisible
penalties.
Par.4: the moral
value rather than
the numerical
weight shall be
taken into account.
No aggravating and
no mitigating
circumstances
medium period
One mitigating
circumstance
minimum period
One aggravating
circumstance
maximum period
Mitigating and
aggravating
circumstance offset
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2007
weight
2 or more mitigating
without any
aggravating
circumstance one
degree lower
NOTES:
Art. 64 applies
when the penalty
has 3 periods
because they are
divisible. If the
penalty is
composed of 3
different penalties,
each forms a period
according to Art. 77
Par. 4: the
mitigating
circumstances must
be ordinary, not
privileged. The
aggravating
circumstances must
be generic or
specific, not
qualifying or
inherent.
the court has
discretion to impose
the penalty within
the limits fixed by
law
Art. 64 not
applicable when the
penalty is indivisible
or prescribed by
special law or a fine
Cases where the
attending
aggravating or
mitigating
circumstances are
not considered in
the imposition of
penalties:
Penalty that is
single and
indivisible Felonies
through negligence
THE PENALTY IS
NOT COMPOSED
OF THREE
PERIODS
Computations:
6 years (minimum
of the minimum) + 2
years (difference)
Example: Prision
Mayor (6 years, 1
day to 12 years)
subtract the
minimum (disregard
1 day) from the
maximum
Therefore, minimum
period of prision
mayor = 6 years 1
day to 8 years
12 years 6 years
= 6 years
Divide the
difference by 3.
6 years / 3 = 2
years
3. Use the
minimumQuickTim(6yearsa
nd aand 1 day) as the
minimum
ofTIFFthe(Uncompressed)minimumdeco
mpressorperiod.
Then add
the 2 years
(disregarding the 1
day) to the
minimum to get the
maximum of the
minimum period.
8 years (minimum
of the medium) + 2
years (difference)
------------------------------------------
10 years (maximum
of the medium)
Therefore, medium
period of prision
mayor = 8 years 1
day to 10 years
10 years (maximum
of the medium) + 2
years (difference)
---------------------------------------------
12 years (maximum
of the maximum)
Therefore,
maximum period of
prision mayor = 10
years 1 day to 12
years
*Computation
above is applicable
to all others except
to arresto mayor.
Example: Prision
Mayor minimum (6
years 1 day to 8
years) only
Subtract minimum
from the maximum.
8 years 6 years =
2 years
Divide the
difference by 3.
2 years / 3 = 8
months
Therefore, minimum
of prision mayor
minimum = 6 years
1 day to 6 years 8
months
Page 48 of 174
ART. 66:
IMPOSITION OF
FINES
Therefore,
maximum of prision
mayor = 7 years, 4
months, 1 day to 8
years
Criminal
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Summer
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1. The
ATENEO CENTRAL
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2007
becomes the
maximum of the
medium
6 years 8 months +
8 months = 7 years
4 months
Therefore, the
medium period of
prision mayor
minimum = 6 years,
8 months 1 day to 7
years, 4 months
mitigating and
aggravating
circumstances
more particularly,
the wealth and
means of the
culprit
The following may
also be considered
by the court:
QuickTime and a
grave felony
arresto mayor max
to prision
correcional
minimum
needed
NOTE: If these
conditions are not
all present, then the
following penalties
shall be imposed:
NOTE: Art. 68
applies to such
minor if his
application for
suspension of
sentence is
disapproved or if
while in the
reformatory
institution he
becomes
incorrigible, in
which case he shall
be returned to the
court for the
imposition of the
proper penalty.
Art. 68 provides
for 2 privileged
mitigating
circumstances:
If the act is
attended by two or
more mitigating
circumstances and
no aggravating
circumstance, the
penalty being
divisible, a minor
over 15 but under
18 may still get a
penalty two degrees
lower.
under 15 but over 9
and has acted w/
discretion: 2
degrees lower
under 18 but over
15: 1 degree lower
NOTE: Penalty to
be imposed when
the crime
committed is not
wholly excusable:1
or 2 degrees lower
if the majority of the
conditions for
justification or
exemption in the
cases provided in
Arts. 11 and 12 are
present.
ART. 70:
SUCCESSIVE
SERVICE OF
SENTENCE
NOTES:
The Three-Fold
Rule
Maximum duration
of the convicts
sentence: 3 times
the most severe
penalty imposed
Maximum duration:
shall not exceed 40
yrs
Subsidiary
imprisonment: This
shall be excluded in
computing for the
maximum duration.
The three-fold rule
shall apply only
when the convict is
to serve 4 or more
sentences
successively.
Different Systems
Of Penalty
(Relative To The
Execution Of Two
Or More Penalties
Imposed The
Same Accused)
1. Material
accumulation
system - No
Page 49 of 174
Criminal
Law
Summer
Reviewer
ART. 71:
GRADUATED
SCALES
ATENEO CENTRAL
BAR OPERATIONS
2007
limitation
whatsoever, and
accordingly, all the
penalties for all the
violations were
imposed even if
they reached
beyond the natural
span of human life.
Juridical
accumulation
system - Limited to
not more than
three-fold the length
of time
corresponding to
the most severe
and in no case to
exceed 40 years.
This is followed in
our jurisdiction.
Absorption
system - The
lesser penalties are
absorbed by the
graver penalties.
Max: reduce by
one-fourth
Min: the same
DIVISIBLE
PENALTIES
Ex: Reclusion
temporal max to
death
ART. 72:
PREFERENCE IN
THE PAYMENT OF
THE CIVIL
LIABILITIES
PERPETUA IN
CERTAIN CASES
NOTE: The
penalties shall be
satisfied according
to the chronological
order of the dates of
the final judgment.
(Art. 70)
NOTE: If the
decision or law
says higher than
reclusion perpetua or 2
degreesQuickTime higheranda than
reclusion
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are penalty nededtosee thi s picture.
Section Three.
Provisions
common in the
last two preceding
sections
ART. 73:
PRESUMPTION IN
REGARD TO THE
IMPOSITION OF
ACCESSORY
PENALTIES
NOTE: Accessory
penalties are
deemed imposed
with the principal
penalty. However,
the subsidiary
imprisonment must
be expressly stated
in the decision, as it
is not considered an
accessory penalty.
Chapter Five
EXECUTION AND
SERVICE OF
PENALTIES
Section One.
General
Provisions
BE EXECUTED
NOTES:
Only a penalty by
final judgment can
be executed.
Judgment is final if
the accused has not
appealed within 15
days or he has
expressly waived in
writing that he will
not appeal.
There could be no
subsidiary liability if
it was not expressly
ordered in the
judgment.
ART. 79:
SUSPENSION OF
THE EXECUTION
AND SERVICE OF
THE PENALTIES
IN CASE OF
INSANITY
Cases of insanity:
If he recovers, the
sentence is
executed unless it
has prescribed.
Page 50 of 174
Criminal
Law
Summer
Reviewer
ATENEO CENTRAL
BAR OPERATIONS
2007
INDETERMINATE
SENTENCE LAW
Act No. 4103 as
amended by Act
No. 4225
- It applies to both
violations of
Revised Penal
Code and special
laws, and is based
on the penalty
actually imposed.
Indeterminate
sentence is
mandatory where
imprisonment
would exceed one
year.
IF THE PENALTY
IS IMPOSED BY
SPECIAL PENAL
LAW
IF THE PENALTY
IS IMPOSED BY
THE RPC:
The Maximum
Term must not
exceed the
maximum term
fixed by said law.
The Maximum
Term is that
which could be
properly imposed
under the RPC,
considering the
aggravating and
mitigating
circumstances.
The MinimumTerm
is within the range
For SPECIAL
LAWS, it is anything
within the inclusive
range of the
prescribed penalty.
Courts are given
discretion in the
imposition of the
indeterminate
penalty. The
aggravating and
mitigating
circumstances are
not considered
unless the special
law adopts the
same terminology
for penalties as
those used in the
RPC (such as
reclusin perpetua
and the like).
WHEN BENEFIT
OF THE ISL IS
NOT
APPLICABLE:
sentence
granted with
conditional pardon
by the President,
but violated the
terms thereof
maximum term of
imprisonment does
not exceed 1 year
The Indeterminate
SentenceQuickTimeLawand
a
shall not apply
TIFF (Uncompressed) decompressor to
the
sentenced to death
penalty or life
imprisonment
treason, or
conspiracy or
proposal to commit
treason
misprision of
treason, rebellion,
sedition or
espionage
piracy
sentenced to the
penalty of destierro
or suspension
only
RELEASE OF THE
PRISONER ON
PAROLE
The Board of
Pardons and Parole
may authorize the
release of a
prisoner on parole,
after he shall have
served the
minimum penalty
imposed on him,
provided that:
habitual
delinquents
escaped from
confinement, or
evaded
Such prisoner is
fitted by his training
for release,
There is reasonable
probability that he
will live and remain
at liberty without
violating the law,
ENTITLEMENT TO
FINAL RELEASE
AND DISCHARGE
SANCTION FOR
VIOLATION OF
CONDITIONS OF
THE PAROLE
he was originally
committed to
prison.
REASONS FOR
FIXING THE
MAXIMUM AND
MINIMUM TERMS
IN THE
INDETERMINATE
SENTENCE
Whenever a
prisoner has: (a)
served the
MINIMUM penalty
imposed on him,
and (b) is fit for
release of the
prisoner on parole,
upon terms and
conditions
prescribed by the
Board.
3. Even if a prisoner
has already served
the MINIMUM, but
he is not fitted for
release on the
parole, he shall
continue to serve
until the end of the
MAXIMUM term.
Page 51 of 174
Criminal
Law
Summer
Reviewer
ATENEO CENTRAL
BAR OPERATIONS
2007
ART. 80:
SUSPENSION OF
SENTENCE OF
MINOR
DELINQUENTS
(AS REPEALED
BY PD 603: CHILD
AND YOUTH
WELFARE CODE)
Youthful offender
over 9 but under
18 at time of the
commission of the
offense
A child nine years of
age or under at the
time of the
commission of the
offense shall be
exempt from
criminal liability and
shall be committed
to the care of his or
her father or
mother, or nearest
relative or family
friend in the
discretion of the
court and subject to
its supervision.
The same shall be
done for a child
over nine years and
under fifteen years
of age at the time of
the commission of
the offense, unless
he acted with
discernment, in
which case he shall
be proceeded
against in
accordance with
Article 192.
A youthful offender
held for
examination or trial
who cannot furnish
bail will be
committed to the
DSWD/local
rehabilitation center
or detention home.
EXCEPTIONS to
suspension of
sentence
institution would be
inadvisable.
those who
previously enjoyed
a suspension of
sentence
those convicted of
death or life
imprisonment
those convicted for
an offense by the
military tribunals
The youthful
offender shall be
returned to the
court for
pronouncementQuickTiand
ofa judgment, when
TIFF (Uncompressed) decompressor
the youthful
are
offender,neededtosee
this
(1)picturehas. been
found incorrigible,
or (2) has willfully
failed to comply
with the conditions
of his rehabilitation
programs; or (3)
when his continued
stay in the training
offender has
behaved properly
and has shown his
capability to be a
useful member of
the community; or
b.
To
pronounce the
judgment of
conviction, if the
conditions
mentioned are not
met.
In the latter case,
the convicted
offender may apply
for probation. In
any case, the
youthful offender
shall be credited in
the service of his
sentence with the
full time spent in
actual commitment
and detention.
The final release of
a youthful offender,
based on good
conduct as provided
in Art. 196 shall not
obliterate his civil
liability for
damages.
A minor who is
ALREADY AN
ADULT at the time
of his conviction is
not entitled to a
suspension of
sentence.
The records of the
proceeding shall be
privileged and shall
not be disclosed.
PROBATION LAW
OF 1976
(PD 968, AS
AMENDED)
PROBATION - a
disposition under
which a defendant
after conviction and
sentence is
released subject to
conditions imposed
by the court and to
the supervision of a
probation officer
RULES ON
GRANT OF
PROBATION
After having
convicted and
sentenced a
defendant, the trial
court may suspend
the execution of the
sentence, and place
the defendant on
probation, upon
application by the
defendant within the
period for perfecting
an appeal.
Probation may be
granted whether the
sentence imposed a
term of
imprisonment or
fine only.
No application for
probation shall be
entertained or
granted if the
defendant has
Page 52 of 174
Criminal
Law
Summer
Reviewer
All information
relative to the
character,
antecedents,
environment,
mental, and
physical condition
of the offender
ATENEO CENTRAL
BAR OPERATIONS
2007
perfected an
appeal.
Filing of application
for probation
operates as a
waiver of the right
to appeal.
Available
institutional and
community
resources.
Probation is to be
denied upon finding
of the court that:
The offender is
in need of
correctional
treatment
that can
be
provided
effectively
Accessory penalties
are deemed
suspended once
probation is
granted.
The convict is not
immediately placed
on probation. There
shall be a prior
investigation by the
probation officer
and a determination
by the court.
by
his
commitment
to an institution.
Probation will
depreciate the
CRITERIA FOR
grant of probation:
seriousness of the
offense
committed.
At any time during
probation, the court
may issue a warrant
for the arrest of a
probationer for any
serious violation of
the conditions of
probation. If
violation is
established, the
court may:
revoke his
probation, and thus
make him serve the
sentence originally
imposed, or
case is deemed
terminated
all civil rights lost or
suspended are
restored
offenders liability
for any fine
imposed is
discharged
continue his
probation and
modify its
conditions
WHO ARE
DISQUALIFIED
FROM THE
BENEFITS OF
PROBATION:
Sentenced to serve
a maximum term of
imprisonment of
more the 6 years
Convicted of
subversion or any
crime against
QuickTime and a
conditions TIFFof
(Uncompressed)hisprobation,decompres
sorthe court may
the
national security or
the public order
3.
Previously
convicted by final
judgment of an
He should report to
the probation
officer
at least once a
month.
offense punished by
imprisonment of
2. Discretionary
or
special
additional
conditions
which
the
court
may
additionally impose
for the
probationers
correction
and
rehabilitation
outside
Mandatory or
general once
violated, the
probation is
cancelled
prison.
The
enumeration
The offender under
probation must
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 order.
is not
exclusive, as long
as the
probationers
Constitutional rights
are not
jeopardized.
Duration of
Probation Period:
1.
If the term
of imprisonment is
not more than one
year, probation shall
not exceed 2 years.
if the term of
imprisonment is
more than one year,
period shall not
exceed 6 years.
PENALTY IS TO
BE EXECUTED
ART. 82:
NOTIFICATION
AND EXECUTION
OF THE
SENTENCE AND
ASSISTANCE TO
THE CULPRIT
Section Two.
Execution of
principal penalties
NOTE: Designate a
working day, which
shall not be
communicated to
the offender before
the sunrise of
Page 53 of 174
Criminal
Law
Summer
Reviewer
ATENEO CENTRAL
BAR OPERATIONS
following such
notification.
ART. 83:
SUSPENSION OF
THE EXECUTION
2007
OF THE DEATH
SENTENCE
said day. The
execution shall not
take place until after
the expiration of at
least 8 hours
Death sentence
commuted to RP:
woman, while
pregnant
woman, within 1
year, after delivery
Destierro Shall
Be Imposed In
The Following
person over 70
years of age
convict who
becomes insane
after final sentence
of death has been
pronounced
WHO MAY
WITNESS THE
SAME
Cases:
death or serious
physical injuries is
caused or are
inflicted under
exceptional
circumstance
ART. 85:
PROVISIONS
RELATIVE TO THE
CORPSE OF THE
PERSON
EXECUTED AND
ITS BURIAL
ART. 86:
RECLUSION
PERPETUA,
RECLUSION
TEMPORAL,
PRISION MAYOR,
PRISION
CORRECCIONAL
AND ARRESTO
MAYOR
Execution of
Destierro:
ART. 87:
DESTIERRO
place designated.
If the convict enters
the prohibited area,
he commits evasion
of sentence.
EXTINCTION OF
CRIMINAL
LIABILITY
ART. 88:
ARRESTO MENOR
NOTE:
Served where:
Chapter One
In the municipal jail
In the house of the
offender, but under
the
TOTAL
EXTINCTION OF
CRIMINAL
LIABILITY
surveillance of an
officer of the law
whenever the court
so provides in the
decision due to the
health of the
offender. But the
reason is not
satisfactory just
because the
offender is a
respectable
member of the
community.
EXTINGUISHED
PAR. 1. BY DEATH
NOTES:
Title Four
Extinguishment of
criminal liability is a
ground for motion to
quash.
Criminal liability
whether before or
after final judgment
is extinguished
upon death
because it is a
personal penalty.
Pecuniary penalty is
extinguished only
when death occurs
before final
judgment.
The death of the
offended party
however does not
extinguish criminal
liability of the
accused because it
is a crime against
the state.
PAR. 2. BY
SERVICE OF
SENTENCE
NOTES:
Crime is a debt,
hence extinguished
upon payment.
Service does not
extinguish civil
liability.
PAR. 3. BY
AMNESTY
Amnesty is an
act of the sovereign
power granting
oblivion or general
pardon. It wipes all
traces and vestiges
of the crime but
does not extinguish
civil liability.
Page 54 of 174
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Summer
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ATENEO CENTRAL
BAR OPERATIONS
2007
PAR. 4. BY
ABSOLUTE
PARDON
Pardon an act of
grace proceeding
AMNESTY
PARDON
Extended to classes
of
Exercised
individually
by the President
political offenses
investigation
convicted
liability
Looks backward
and
abolishes the
offense itself
declaration of the
President
the consequences
President
with the
concurrence of
Same
Prescription of a
crime is the
loss/forfeiture of the
right of the state to
prosecute the
offender after the
lapse of a certain
time.
Courts should take
judicial
PRESCRIPTIVE
PERIODSTIFF(Uncompressed)
OF decompressorCRIMES:
are needed to see this picture.
notice
1. Crimes
punishable by:
a. Death,
reclusin perpetua
or
proved
reclusin temporal
20 years
b. afflictive
penalties 15
years
c. correctional
penalties 10
years,
d. except those
punishable
by
PAR. 5. BY
PRESCRIPTION
OF CRIME
arresto mayor
which shall
prescribe
in 5 years
Crime of libel 1
year
Offenses of oral
defamation and
slander by
PRESCRIPTIVE
PERIODS OF
PENALTIES:
Death and
reclusin perpetua
20 years
deed 6 months
4. Light offenses
2 months
Other afflictive
penalties 15
years
Correctional
penalties 10
years, except for
the
penalty
of arresto mayor
which
prescribes in 5
years
4. Light penalties
1 year
PAR. 6. BY
PRESCRIPTION
OF PENALTY
PAR. 6. BY
MARRIAGE OF
THE OFFENDED
WOMAN (ART.
344)
NOTE:
Conditions:
Crimes covered:
rape
seduction
abduction
acts of
lasciviousness
The marriage must
be contracted in
good faith.
ART. 90:
PRESCRIPTION
OF CRIME
NOTES:
Page 55 of 174
Since destierro is a
correctional
penalty, it
prescribes in 10
years. For afflictive
penalties, period is
15 years.
If it is a compound
penalty, basis will
be the highest
penalty.
their agents
If a person witnesses the crime but only tells the
authorities 25 years later, prescription commences on
the day the authorities were told.
filing
the proper
OFFENSES
complaint
with
NOTES:
the
3.
Filing
are needed to see this picture.
that
has
complaint with
the court
proper jurisdiction
Requisites:
PRESCRIBE
NOTES:
If the convict
gives himself up
be captured
OF PENALTIES
Page 56 of 174
CONDITIONAL PARDON
Executive
TIFF
(Uncompressed) decompressor
minimum penalty
Granted by Chief
remaining sentence
Years
Allowance
First 2 years
behavior
SENTENCE
up to
10 days per month of good
10th year
NOTES:
behavior
11th
year
and
15 days per month of good
ART. 98: SPECIAL TIME ALLOWANCE
successive years
FOR LOYALTY
Page 57 of 174
NOTES:
ALLOWANCES
NOTES:
Title Five
CIVIL LIABILITY
Chapter One
Damage that may be recovered in criminal cases:
PERSON CIVILLY LIABLE FOR FELONIES
NOTES:
Page 58 of 174
Page 59 of 174
PAR. 2:
Requisites:
1.
The guests notified in advance the innkeeper
of the deposit of such goods within the inn or house.
2.
The guests followed the directions of the
innkeeper or his representative with respect to the
care of and vigilance over such goods.
3. Such goods of QuickTimetheguestsanda lodging therein
TIFF (Uncompressed) decompressor
OTHER PERSONS
ART. 102: SUBSIDIARY CIVIL LIABILITY OF
INNKEEPERS, TAVERNKEEPERS AND
PROPRIETORS OF ESTABLISHMENTS
PAR. 1
Requisites:
Requisites:
industry.
CIVIL LIABILITIES
property
of
PECUNIARY
the
offender
LIABILITIES
No fines and costs of
Includes reparation and
Same
proceedings
proceedings
Page 60 of 174
NOTES:
NOTES:
INCLUDED
NOTES:
Page 61 of 174
Liability:
NOTES:
malicious prosecution
NOTES:
If the death of the offender took place before
QuickTime and a
any
was
LIABLE
Chapter Three
payment or performance
loss of the thing due
condonation or remission of the debt
confusion or merger of the rights of creditor and
debtor
compensation
novation
Page 62 of 174
NOTES:
LIABILITY
NOTES:
BOOK II
NOTES:
b.
ELEMENTS:
2.
Theres a war in and Philippines is
involved; and
3. Offender either
a.
Actual adherence
Give aid or comfort
NOTES:
Page 63 of 174
NOTES:
WAYS TO PROVE:
General Notes:
Treason
Testimony of at least 2 witnesses to the same overt
act
Inherent circumstances
they do not
Adherence
One witness
Nature of act itself
superior strength
treachery
ELEMENTS PROSOPAL:
In time of war
and is therefore inseparable from treason itself.
DEFENSE:
COMMIT TREASON
ELEMENTS CONSPIRACY:
In time of war;
Page 64 of 174
ELEMENTS:
Not a foreigner
Has knowledge of any conspiracy (to commit
treason) against the government
He conceals or does not disclose the same to the
authorities in w/c he resides.
NOTES:
ELEMENTS:
QuickTime and a
It is a crime of omission.
fort,
naval
or
military
establishment or reservation;
ELEMENTS:
2.
That he has no authority therefore;
and
That he discloses their contents to a representative
of a foreign nation.
PERSONS LIABLE:
3.
That his purpose is to obtain
First mode:
Filipino
alien residing
Second mode:
Offender is a public officer.
NOTES:
General Notes:
TREASON
ESPIONAGE
comfort
Page 65 of 174
ELEMENTS:
NOTES:
Disloyal acts or words in time of peace (i.e. causing
in any manner insubordination, disloyalty, mutiny or
refusal of duty of any member of the military, naval, or
air forces of the Philippines);
QuickTime and a
Case of War
ART. 119. VIOLATION OF NEUTRALITY
NOTES:
QUALIFYING CIRCUMSTANCES:
This crime is committed only in time of war.
Neutrality of the Philippines that was violated.
NOTES:
COUNTRY
ELEMENTS:
Page 66 of 174
ELEMENTS:
QuickTime and a
PIRACY MODESTIFFTO(Uncompressed)COMMIT:decompressor
Theres a war and Philippines is involved;
Offender owes allegiance to the government;
Offender attempts to flee or go to enemy country;
and
PERSONS LIABLE:
picture.
1.
By attacking or seizing a vessel on the high
seas or in the Philippine waters (PD 532);
2.
By seizing the whole or part of the cargo of
said vessels, its equipment or personal belongings of
its complement or passengers, the offenders being
strangers to the vessels.
Filipino citizen
Alien residing in the Philippines
NOTES:
ELEMENTS of PIRACY:
NOTES:
Page 67 of 174
PIRACY
MUTINY
Robbery or forcible
Unlawful resistance to a
degradation on the
disturbances on board a
done with animo
ship against the authority of
furandi and in the spirit
its commander.
and intention of
WITHIN PHIL. WATERS
universal hostility.
Art. 122, RPC
Intent to gain is an
PD 532, Anti-Piracy
Offender is an outsider
Offenders are
Offender is crew or
passenger
PIRACY
ROBBERY ON HIGH
SEAS
The offender is an
The offender is a member
outsider.
of the complement or a
ROBBERY LAW OF 1974)
NOTES:
ACTS PUNISHABLE:
Page 68 of 174
OF THE STATE
commission of a crime
violent insanity or other ailment requiring compulsory
confinement of the patient in a hospital
ELEMENTS:
Person to be arrested is an escaped prisoner.
That the offender is a public officer or employee
(whose official duties include the authority to make
an arrest and detain persons);
NOTES:
ELEMENTS:
Page 69 of 174
DELAY IN DELIVERY
DETENTION (124)
OF DETAINED (125)
NOTES:
are needed to s e this picture.
Detention is illegal
expiration of the
specified periods
LENGTH OF WAIVER:
judicial authority.
ELEMENTS:
ART. 126: DELAYING RELEASE
That the offender is a public officer or employee;
ELEMENTS:
That he expels any person from the Philippines, or
compels a person to change his residence; and
That the offender is a public officer or employee;
That the offender is not authorized to do so by law.
ACTS PUNISHABLE:
NOTES:
the performance of such judicial or executive order
for the release of the prisoner, or
the proceedings upon a petition for the release of
such person.
NOTE:
Acts punishable:
Page 70 of 174
ELEMENTS:
QuickTime and a
or TIFFintimidation(Uncompressed) (Artdecompressor287). are needed to see this picture.
nighttime
papers or effects not constituting evidence of a crime
are not returned immediately
ACTS PUNISHABLE:
NOTES:
ELEMENTS:
NOTES:
Page 71 of 174
WITNESSES
ELEMENTS:
NOTES:
(Art 153).
Order of those who must witness the search:
Homeowner
Members of the family of sufficient age and discretion
Responsible members of the community
Validity of the search warrant can be questioned only
in 2 courts: where issued or where the case is
pending. The latter is preferred for objective
determination.
ELEMENTS:
violence; or
threats.
NOTES:
Qualifying circumstances:
Page 72 of 174
ELEMENTS:
NOTES:
CRIME
NATURE
Public
If not by
WHO
IF ELEMENT
Interruption
against
QuickTime and a
OF
public officer
ARE
MISSING
officers,
CRIME
and
LIABLE
the
TIFF (Uncompressed) decompressor
ntal law
Peaceful
of the
Outsiders
Meeting
state
Dissolution
fundame
Tumults
(131)
of
Outsiders
vexation
Worship
fundame
Interruption
Crime
If not
Public
If by insider =
of
(132)
against
ntal law
religious =
officers,
unjust
of the
tumult or
Religious
the
state
alarms
Feeling
order
If not
persons,
If meeting
(133)
notoriously
outsiders
illegal at
offensive =
onset =
unjust
inciting to
vexation
Offending
sedition or
Crime
Public
If not tumults
the
rebellion
against
officers,
= alarms
Religious
public
private
and scandal
TITLE THREE
PERSONS LIABLE:
ART. 134. REBELLION OR INSURRECTION
Any person who: (a) promotes, (b) maintains, or (c)
heads a rebellion or insurrection (leader);
ELEMENTS:
Any person merely participating or executing the
command of others in rebellion (participant); and
That there be a public armed uprising; and
Page 73 of 174
NOTES:
ELEMENTS:
PERSONS LIABLE:
c. signed receipts and other documents issued in
their name, and d. performed similar acts on behalf
of the rebels.
Page 74 of 174
TREASON (114)
REBELLION (134)
SEDITION (139)
National Security
Public Order
Public Order
Nature of
Public Order
Crime
Public uprising
Rising publicly
Overt acts
govt;
AND
and tumultuously
OR
(more
the govt
for power
aid or comfort to
provided with
enemies
means of violence)
Purpose
Removing territory , or
power.
Executive or Legislature
Page 75 of 174
REBELLION:
2007
Leaders reclusion perpetua
ART. 135. PENALTY FOR REBELLION,
COUP DETAT:
The
person
who
ELEMENTS OF CONSPIRACY:
the
has
to commit rebellion.
offender
decided to
ELEMENTS OF PROPOSAL:
commit
The
person
PROPOSAL TO
who
INCITING TO
COMMIT
proposes
REBELLION
the
REBELLION
done publicly.
OFFICERS OR EMPLOYEES
uses secret means.
ACTS PUNISHABLE:
INSURRECTION
ELEMENTS:
Page 76 of 174
2007
rebellion.
The person who
NOTES:
PROPOSAL TO
publicly.
of the crime uses secret
means.
INCITING TO
COMMIT REBELLION
ELEMENTS:
REBELLION (138)
(136)
Tumultuously;
That they employ force, intimidation, or other
means outside of legal methods; and
PERSONS LIABLE:
NOTES:
SEDITION
ACTS PUNISHABLE:
Page 77 of 174
2007
ELEMENTS of ACT 1:
3 RULES RELATIVE TO SEDITOUS
WORDS:
That the offender does not take a direct part in
the crime of sedition;
Dangerous Tendency rule
That he incites others to the accomplishment
of any of the acts which constitute sedition;
and
That the inciting is done by means of
speeches, proclamations, writing, emblems,
PROCEEDINGS
POPULAR REPRESENTATION
ELEMENTS:
QuickTime and a
MEETING OF THETIFF(Uncompressed)ASSEMBLYdecompressorAND
SIMILAR
BODIES
ELEMENTS:
PARLIAMENTARY IMMUNITY.
ACTS PUNISHABLE:
ELEMENTS:
ART. 144. DISTURBANCE OF
Offender uses force, intimidation, threat or
fraud
Page 78 of 174
2007
ELEMENTS:
AND ASSOCIATIONS
NOTES:
REQUISITES:
Theres a meeting gather or group of persons
whether fixed or moving;
NOTES:
REQUISITES:
PERSONS LIABLE:
ILLEGAL ASSEMBLY
ILLEGAL
(146)
ASSOCIATION (147)
any of the crimes punishable
Page 79 of 174
his agent.
armed, are incited to the
commission of treason,
association
Chapter Four - ASSAULT, RESISTANCE
AND DISOBEDIENCE
is
punished
ELEMENTS:
those present
directors,
president
and members
FORCE
INTIMIDATION/
EMPLOYED
RESISTANCE
Need not be
Serious
Authority
serious
Agent
Must be of
Serious
character
No public uprising.
NOTES:
Page 80 of 174
2007
QUALIFYING CIRCUMSTANCES:
ELEMENTS:
ACTS PUNISHABLE:
NOTES:
Page 81 of 174
DIRECT ASSAULT
RESISTANCE &
(148)
2007
DISOBEDIENCE TO A
NOTES:
PERSON IN AUTHORITY
(PIA) OR AGENTS OF
nd
Disobedience in 2
in the
the performance of
actual performance
he is assaulted by
enforcing it.
reason thereof
Direct assault is
Committed by resisting or
committed in 4
seriously disobeying
ways by attacking,
a PIA or his agent.
employing force,
seriously
intimidating, and
Barangay chairman
seriously resisting a
Teachers
Professors
not only for Arts. 148 and 151 but also for Art
149 (L.B. Reyes)
Barrio councilman
Chapter Five - PUBLIC DISORDERS
Barrio policeman
Barangay leader
Any person who comes to the aid of persons
in authority
Notes:
Section 388 of the Local Govt. Code
provides that for purposes of the RPC, the
punong barangay, sangguniang barangay
members and members of the lupong
tagapamayapa in each barangay shall be
deemed as persons in authority in their
jurisdictions.
Other barangay officials and members who
may be designated by law or ordinance and
charged with the maintenance of public order,
protection and the security of life, property, or
the maintenance of a desirable and balanced
environment, and any barangay member who
comes to the aid of persons in authority shall
be deemed agent of persons in authority.
Page 82 of 174
2007
QuickTime and a
NOTES:
Qualifying circumstance if it is
TUMULTUOUS
UTTERANCES
ACTS PUNISHABLE:
ACTS PUNISHABLE:
ELEMENTS:
NOTES:
Firearm must not be pointed at a person,
otherwise, it is illegal discharge of firearm
(Art. 254).
Page 83 of 174
2007
ELEMENTS:
NOTES:
ELEMENTS:
similar catastrophe, or
mutiny in which he has not participated;
NOTES:
SERVICE OF SENTENCE
ELEMENTS:
The special allowance for loyalty (i.e.
deduction of sentence) authorized by Articles
98 and 158(2nd paragraph) refers to those
convicts, who having evaded the service of
their sentences by leaving the penal
institution, give themselves up within 48
hours.
TWO PENALTIES:
Page 84 of 174
2007
ELEMENTS:
NOTES:
TITLE FOUR
ACTS PUNISHABLE:
ELEMENTS:
Page 85 of 174
2007
4.
Counterfeiting is the imitation of legal or
genuine coin such as to deceive an ordinary
person in believing it to be genuine.
burning
are needed to see this picture.
5.
destruction of Central Bank notes and coins
NOTES:
willful defacement
mutilation
3.
tearing
QuickTime and a
NOTES:
ARTICLE 165. SELLING OF FALSE OR
MUTILATED COIN, WITHOUT
CONNIVANCE
ACTS PUNISHABLE:
ELEMENTS:
possession
with intent to utter, and
knowledge
ELEMENTS:
ACTS PUNISHABLE:
Page 86 of 174
2007
NOTES:
Elements:
QuickTime and a
LEGISLATIVE DOCUMENTS
ELEMENTS:
Page 87 of 174
2007
ELEMENTS:
COUNTERFEITING
ELEMENTS:
That there be an intent to imitate, or an
attempt to imitate; and
ELEMENTS:
Page 88 of 174
2007
ELEMENTS:
4.
That theare neededchangetose thismadepicture.
the document speak something false
COUNTERFEITING intent or attempt to
imitate
g.
Issuing in an authenticated form a
document purporting to be a copy of an
original document when no such original
exists, or including in such copy a statement
ELEMENTS OF FALSIFICATION OF
PUBLIC, OFFICIAL, OR COMMERCIAL
DOCUMENT BY A PRIVATE INDIVIDUAL
(par 1):
Page 89 of 174
2007
immediate effectareofneededthetolatterseethis
p cture
is the. same as that of estafa.
DOCUMENTS
That the use of the documents caused
damage to another or at least was used with
intent to cause such damage.
OFFICIAL DOCUMENTS
Damage to third party
Damage to third persons is
is an element of the
immaterial;
offense.
what is punished is the
PRIVATE
PUBLIC/
document proclaims.
Page 90 of 174
2007
ACTS PUNISHABLE:
ELEMENTS:
a.
That the offender is an officer or
employee of the government or an officer or
employee of a private corporation, engaged in
the service of sending or receiving
wireless, cable or telephone message; and
b.
That the accused commits any of the
following acts:
1.
Uttering fictitious, wireless,
telegraph or telephone message or
falsifying message.
ELEMENTS:
a.
That the accused knew that wireless,
cable, telegraph, or telephone message was
falsified by any of the person specified in the
first paragraph of art. 173;
b.
That the accused used such falsified
dispatch; and
c.
That the use of the falsified dispatch
resulted in the prejudice of a third party, or
that the use thereof was with intent to cause
such prejudice.
CERTIFICATES
individuals TIFFwho(Uncompressed)forgeordecompressoraltertelegram.
ELEMENTS:
ARTICLE 174. FALSE MEDICAL
PERSONS LIABLE:
NOTES:
ACTS PUNISHABLE:
Page 91 of 174
2007
OR OFFICIAL FUNCTIONS
ACTS PUNISHABLE:
TRUE NAME
(178)
Element of publicity must be
Publicity not
present
necessary
Purpose is to conceal a crime, to
Purpose is only
evade the execution of a
to conceal
judgment, or to cause damage
identity
to public interest
Page 92 of 174
2007
PERSONS LIABLE:
NOTES:
OR INSIGNIA
ELEMENTS:
3.
That said insignia,areneeded
to
seethispicture .
uniform
or dress is used publicly and
improperly.
DEFENDANT
NOTES:
ELEMENTS:
NOTES:
Page 93 of 174
2007
NOTES:
5.
That the testimony must be
malicious and given with an intent to affect
the issues presented in the said case.
CASES
ELEMENTS:
1.
That the testimony must be given in a
civil case;
2.
That the testimony must relate to the
issues presented in said case;
ELEMENTS:
4.
That the falseare
testimonynededtoseethismustpictre. be given by the
defendant knowing the same to be false; and
NOTES:
Page 94 of 174
EVIDENCE
ELEMENTS:
2007
NOTES:
NOTES:
are needed to see this picture.
ACTS PUNISHED:
NOTES:
Page 95 of 174
corporation/association
agent/representative
2007
a contract, trust,
ELEMENTS:
other form of
ACTS PUNISHABLE:
TRADE-NAME OR TRADE-MARK is a
word or words, name, title, symbol, emblem,
sign or device, or any combination thereof
used as an advertisement, sign, label, poster,
or otherwise, for
Page 96 of 174
2007
NOTES:
ACTS PUNISHED:
Unfair Competition
Unfair competition by selling his goods, giving
them the general appearance of the goods of
another manufacturer or dealer.
Fraudulent designation of origin by (a) affixing
to his goods or using in connection with his
services a false designation of origin; or any
false description or representation, and (b)
selling such goods or services.
Fraudulent registration by procuring
fraudulently from the patent office the
registration of t/m, t/m or service mark.
Infringement of
trademark or trade
a mark or trade name is
name
employed
Limited range
Identified a peculiar
general appearance of
trademark is affixed
the public whether or not
Page 97 of 174
2007
TITLE FIVE
Policy
ACTS PUNISHABLE:
Articles 190-194 of the Revised Penal Code
are repealed by Republic Act No. 6425 The
Dangerous Drugs Act of 1972 which took
effect on March 30, 1972 (Sec. 42), as
amended by PD No. 1683 and further
amended by RA No. 7659
Qualifying circumstance:
a.
If the importation was through the use
of a diplomatic passport, diplomatic facilities
or any other means involving the offenders
official status.
b.
Organizes, manages or acts as a
financier
QuickTime and a
Qualifying circumstances:
transportationTIFFof(Uncompressed)dangerousdecompressordrugs
Page 98 of 174
2007
Acts Punishable:
deliver
Prima facie proof of manufacture: presence
of controlled precursor and essential chemical
or lab equipment in the clandestine lab
occupancy or taking
intent to possess
paraphernalia
are needed to see this picture.
Page 99 of 174
2007
Also Punishable -
QuickTime and a
he escaped, he surrendered
2007
w/in
1 week.
Poses no serious danger to himself,
family or community.
Center;
provided if
TIME
TASK
PRESENT
1
Immediately after
seizure
2
24 hours upon
confiscation
examination
3
24 hours after receipt
hours.
4
72 hours after filing of
criminal case
5
24 hours from ocular
inspection
6
After promulgation and
judgment
PDEA.
7
24 hours from receipt
Destruction
Alleged offender or his representative shall be allowed to personally observe all of the proceedings and his presence shall not
constitute an admission of guilt. In case the offender refuses or fails to appoint a representative after due notice in writing
within 72 hours before the actual destruction, the SoJ shall appoint a member of the public attorneys office to represent the
former.
OTHER RULES:
5) complyTIFF(Uncompressed)withconditionsdecompressor imposed by
are needed to see this picture.
the State
does not appear to be the most guilty
no other direct evidence available
All candidates for public office, whether conduct of which has no rigid or textbook method. appointed or elected.
(6)
Slot machines,
other mechanical
TITLE SIX
contraptions and
devices
(7)
Dog racing, boat
(8)
Basketball, boxing,
forms of individual or
team contests to
other machinations
ACTS PUNISHED
(Repealed Art. 195-199 RPC, PD 483 betting law, and PD
449 cockfighting law)
PENALTY
Prision correccional,
medium or fine
1.
Any person who shall
jai-alai or horse racing
medium or fine
ranging from P5,000
QuickTime and a
directly or indirectly
to P10,000
TIFF (Uncompressed) decompressor
to P6,000
or unauthorized
In case of recidivism:
(1)
Cockfighting, jueteng,
fixing, numbers, bingo
Prision mayor,
in an inhabited or
lotteries
uninhabited place or in
(2)
Cara y cruz, pompiang
other means of
(3)
reputation of gambling,
KNOWINGLY permits
P6,000
frequent gambling
of P6,000
promoter, referee, umpire,
and machination
building or barangay
hall
Prision correccional
Any person who knowingly
2. Maintainer or
medium or fine P400
and without lawful purpose
conductor of above
to P2,000
possess lottery list, paper
gambling schemes
or other matter containing
Prison mayor,
Government official
medium, with
symbols pertaining to or in
maintainer, conductor,
temporary absolute
any manner used in the
banker of gambling
disqualification or fine
schemes; player,
Temporary absolute
Barangay official who with
disqualification
knowledge of gambling
NOTES:
house/place in his
Playing for money is not a necessary element. The laws
purpose is to prohibit absolutely those games.
jurisdiction fails to abate or
take action
Prision correccional
Security officer,
maximum or fine
watchman, private or
P500 to P2000
house detective of hotels,
villages, buildings,
Lottery:
Requisites:
Consideration
Chance
Prize/advantage/inequality in amount or value which is in
the nature of prize
NOTES:
there is full
value
of
SPORT CONTESTS
money(criminal
case-Olsen),
but
NOTES:
if
inducement to win prize is reason for
purchase/subscription/others then even if full value for
1. Sundays
TIFF (Uncompressed) decompressor
(ALREADY REPEALED)
Balikbayan
For support of national fund-raising campaigns for
charitable purposes as may be authorized by the Office of
NOTES:
Elements:
those w/c tend to abet the traffic and the use of prohibited
drugs; and
those that are contrary to law, public order, morals, good
customs, established policies, lawful orders, decrees and
edicts.
NOTES:
Persons liable:
1.
Those who publicly expound or proclaim doctrines
that are contrary to public morals.
2.
Authors of obscene literature, published with their
knowledge in any form.
QuickTime and a
Vagrancy
prohibition of entry
Persons liable:
Requisites:
QuickTime and a
for the crime of vagrancyTIFF(Uncompressed)andprostitutiondecompressor under needed to see
NOTES:
Misfeasance:
Nonfeasance:
Malfeasance:
Direct bribery
Indirect bribery
MISFEASANCE IN OFFICE
NOTES:
bribery
ORDER
Knowingly deliberately or maliciously, conscious and
deliberate intent to do an injustice; (no liability if error in
good faith)
Elements:
NEGLIGENCE
Elements:
ART. 207: MALICIOUS DELAY IN THE
1. That the offender is a judge;
ADMINISTRATION OF JUSTICE
Elements:
Acts punishable:
Elements:
NOTES:
Acts punishable:
NOTES:
Elements:
arrest or prosecution.
with arrest and/or
prosecution to deprive
or property voluntarily.
When the victim has
When the victim did
NOTE: If the act does not fall under b and c, then Art. 210,
direct bribery, may apply. (Justice Peralta)
ANTI-GRAFT AND CORRUPT PRACTICES ACT
NOTES:
Any public officer who shall fail to file a true, detailed and
sworn statement of assets and liabilities within 30 days
NOTES:
NOTES:
NOTE: Competent court is the Sandiganbayan (Sec. 10).
OFFICIALS
Direct bribery
Indirect bribery
ELEMENTS:
officer do an act.
act.
QuickTime and a
ELEMENTS:
2.
That he is guilty of any of the following acts or
omissions;
B. ILLEGAL EXACTIONS
ELEMENTS:
a.
demanding, directly or indirectly the payment of
sums different from or larger than those authorized by
law, or
b.
failing voluntarily to issue a receipt, as provided
by law, for any sum of money collected by him officially, or
ELEMENTS:
c.
collecting or receiving, directly or indirectly, by way
of payment or otherwise, things or objects of a nature
different from that provided by law.
ELEMENTS:
ATENEO
CENTRAL BAR
OPERATIONS
2007
Constitutional
prohibitions exist
Congress: cannot
personally appear
as counsel, cannot
be interested
financially in any
franchise or special
privilege granted by
government,
cannot intervene in
any matter before
office of
Goevrnment
Executive cannot
hold any other
office
Constitutional
Commission
cannot hold any
other office,
engage in practice
of profession
AN ACT DEFINING
AND PENALIZING
THE
CRIME OF
PLUNDER
RA 7080
By taking undue
advantage of
official position,
authority,
relationship,
connection or
influence to
unjustly enrich
himself or
themselves at the
expense and to the
damage or
prejudice of the
Filipino people
and the Republic
of the Philippines.
PERSONS
LIABLE:
subordinates or
other persons,
amasses,
accumulates, or
acquires ill-gotten
wealth through a
combination or
series of overt or
criminal acts as
described under
above in the
aggregate amount
or total value of at
least
DEFINITION OF
ILL-GOTTEN
WEALTH: Any
asset, property,
business enterprise
or material
possession of any
person acquired by
him directly or
indirectly through
dummies,
nominees, agents,
subordinates,
and/or business
associates by any
combination or
series of the
following means or
similar schemes:
A.
Through
misappropriation,
conversion, misuse
or malversation of
public funds or
raids on the public
treasury.
50 million pesos,
shall be guilty of
the crime of
plunder (as
amended by RA
7659).
other form of
pecuniary benefit
from any person
and/or entity in
connection with any
government
contract or
project or by
reason of the
office or position of
the public officer
concerned;
C.
By the
illegal or
fraudulent
conveyance or
disposition of
assets belonging to
the National
Government or any
of its subdivisions,
agencies or
instrumentalities or
government-owned
or controlled
corporations and
their subsidiaries;
D. By obtaining,
receivingQuckTimeorand accepting,
directly
B.
By
receiving, directly
or indirectly, any
commission, gift,
share, percentage,
kickbacks or any
TIFF (Uncompressed)
decompressor
or
indirectly,areanyeeded
sharestoseethispictureof.
stock, equity or any
other form of
interest or
participation,
including the
promise of future
employment in
any business
enterprise or
undertaking.
By establishing
agricultural,
industrial or
commercial
monopolies or
other combinations,
and/or
implementation of
decrees and
orders intended to
benefit particular
persons or
special interests;
JURISDICTION:
Sandiganbayan.
RULE OF
EVIDENCE: For
purposes of
establishing the
crime of plunder, it
shall not be
necessary to
prove each and
every criminal act
done by the
accused in
furtherance of the
scheme and
conspiracy to
amass, accumulate
or acquire ill-gotten
wealth, it being
sufficient to
establish beyond
reasonable doubt a
pattern of overt or
criminal acts
indicative of the
overall unlawful
scheme or
conspiracy.
PRESCRIPTION:
20 years. However,
the right of the
State to recover
properties
unlawfully acquired
by public officers
from them or from
their nominees or
transferees shall
not be barred by
prescription,
laches or
estoppel.
ESTRADA VS.
SANDIGANBAYAN
, GR NO. 148560,
NOVEMBER 21,
2001
what is meant by
combination
and series of
overt or criminal
acts under the
plunder law?
the national
government under
sec. 1 par. (d),
subpar. (3).
series there
must be two (2) or
more overt or
criminal acts falling
under the same
category of
enumeration found
in
Criminal
Law
Summer
Reviewer
ATENEO
CENTRAL BAR
OPERATIONS
2007
Joseph Ejercito
Estrada vs.
Sandiganbayan,
is the crime of
plunder malum in
se or malum
prohibitum?
Plunder is a crime
of malum in se
because the
constitutive crimes
are mala in se. the
elements of mens
rea must be proven
in a prosecution for
plunder. moreover,
any doubt as to
whether the crime
of plunder is
malum in se must
be deemed to have
been resolved in
the affirmative
decision of
congress in 1993
to include it among
the heinous crimes
punishable by
reclusion perpetua
to death. the
legislative
declaration in r.a.
7659 that plunder
is a heinous
offense implies that
it is malum in se.
for when the acts
punished are
inherently immoral
or inherently
wrong, they are
mala in se and it
does not matter
that such acts are
punished in a
special law,
especially since in
the case of plunder
the predicate
crimes are mainly
mala in se.
Chapter Four
MALVERSATION
OF PUBLIC
FUNDS OR
PROPERTY
2. That he hadare
need
thed
to
custodyseethispicture. or
control of
funds or property
(if not accountable
for the funds, crime
committed is theft
or qualified theft);
3.
That those
funds or property
were public funds
or property (even
if private funds,
they become public
if attached, seized,
deposited or
commingled with
public funds); and
4. That he
ARTICLE 217.
MALVERSATION
OF PUBLIC
FUNDS OR
PROPERTY
Appropriated the
funds or property
ELEMENTS:
Took or
misappropriated
them
1.
That the
offender be a
public officer (or
private person if
entrusted with
public funds or if
in connivance with
public
Consented or,
through
abandonment or
negligence,
permitted any other
person to take such
public funds or
property.
It is not necessary
that the offender
profited by his
malversation. His
being remiss in the
duty of safekeeping
public funds
violates the trust
reposed.
Malversation is
otherwise called
embezzlement.
It can be committed
either with malice
or through
negligence or
imprudence
(penalty is the
same).
In determining
whether the
offender is a public
officer, what is
controlling is the
nature of his office
and not the
designation contemplates
public officer who
receives money or
property from
government for
which he is bound
to account, must
have authority to
collect or receive
The funds or
property must be
received in an
official capacity.
Otherwise, the
crime committed is
estafa.
Government funds
include revenue
funds and trust
funds. If funds or
property placed in
custody of public
officer, and they are
accountable, such
funds or property
partake nature of a
public fund.
A qualified charge
of properties does
not qualify to
possession
contemplated in the
crime of
malversation where
the possessor is
only accountable to
his immediate
superior and not
the government; his
superior is the one
accountable to the
government
Private
individuals can
also be held liable
for malversation
under 2
circumstances:
when they are in
conspiracy with
public officers; and
when they have
charge of national,
provincial or
municipal funds,
revenues or
property in any
capacity.
In malversation
through negligence,
the negligence of
the accountable
public officer must
be positively and
clearly shown to be
inexcusable,
approximating
fraud or malice.
The measure of
negligence to be
observed is the
standard of care
commensurate with
the occasion.
Criminal Law
Summer
Reviewer
ATENEO CENTRAL
BAR OPERATIONS
shortage is
discovered, the
accountable officer
is notified, and he
immediately pays
the amount from his
pocket, the
presumption does
not arise.
2007
When malversation is
not committed through
negligence, lack of
criminal intent or good
faith is a defense.
Returning the
embezzled funds is
not an exempting
circumstance but
only mitigating.
There is also no
malversation when
the accountable
officer is obliged to
go out of his office
and borrow the
amount
corresponding to the
shortage and later,
the missing amount
is found in an
unaccustomed
place.
A person whose
negligence made
possible the
commission of
malversation by
another can be held
liable as a principal
by indispensable
cooperation.
Demand by or damage
to the government are
not necessary
elements of the crime
of malversation.
public
funds/property
Crime is committed
by
Crime is committed
by
appropriating,
taking, or
misappropriating,
misappropriating/c
onsentin
converting, or
MALVERSATION
(217)
g, or through
abandonment
ESTAFA WITH
denying having
or negligence,
permitting
ABUSE OF
CONFIDENCE (315)
Funds or property
usually
received money,
any other person to
take the
goods or other
Funds/property are
public
funds/property
public
personal property
always private
Offender is usually a
public
Offender is a private
People v. Hipol, GR
140549,QuickTime7/2
2/03anda
TIFF (Uncompressed) decompressor
officer who is
accountable for
individual or even a
the public
funds/property
public officer who is
essential is that
appellant had custody
or control of public
funds by reason of the
duties of his office.
accounts should be
rendered.
Demand and
misappropriation are
not necessary.
ARTICLE 218.
FAILURE OF
ACCOUNTABLE
OFFICER TO
RENDER ACCOUNT
FAILURE OF
ACCOUNTABLE
OFFICER TO
RENDER ACCOUNT
ARTICLE 219.
FAILURE OF A
RESPONSIBLE
PUBLIC OFFICER
TO RENDER
ACCOUNTS
BEFORE LEAVING
THE COUNTRY
ELEMENTS:
ELEMENTS:
That he is required by
law or regulation to
render accounts to
the Commission on
Audit, or to a provincial
auditor; and
That he fails to do so
for a period of two
months after such
ARTICLE 220.
ILLEGAL USE OF
PUBLIC FUNDS
OR PROPERTY
To distinguish this
article with Art 217
(malversation), in
illegal use of public
funds or property,
the offender does
not derive any
personal gain, the
funds are merely
devoted to some
other public use.
Absence of
damage is only a
mitigating
circumstance.
ELEMENTS OF
TECHNICAL
MALVERSATION:
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2007
ARTICLE 221.
FAILURE TO
MAKE DELIVERY
OF PUBLIC
FUNDS OR
PROPERTY ACTS
PUNISHED:
By failing to make
payment by a
public officer who is
under obligation to
make such
payment from
Government funds
in his possession
By refusing to
make delivery by a
public officer who
has been ordered
by competent
authority to deliver
ELEMENTS:
PERSONS LIABLE
UNDER ART. 217
TO 221:
Private individual
who, in any
capacity, have
charge of any
national, provincial
or municipal funds,
revenue, or
property. Example:
a withholding tax
agent
Administrator or
depositary of
funds or property
that has been
attached, seized or
deposited by public
authority, even if
owned by a private
individual.
That he
maliciously fails
or refuses to do
so.
Sheriffs and
receivers fall under
the term
administrator
Penalty is based on
value of
funds/property to
be delivered.
Judicial
administrator not
covered by this
article.(Appointed
toQuickTimeadministeranda
estate of
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ARTICLE 222.
OFFICERS
INCLUDED IN THE
PRECEDING
PROVISIONS
Private property is
included if it is
attached, seized or
deposited by public
authority.
Chapter Five
INFIDELITY OF
PUBLIC
OFFICERS
ARTICLE 223.
CONNIVING WITH
OR
DETENTION
PRISONER - A
person becomes a
detention prisoner
from the moment
he is booked. This
refers to the
accomplishment
of the booking
sheet and made to
fill a form (sic)
where he is finger
printed. From that
time on, he is
already a detention
prisoner even if he
is not yet
incarcerated.
(ApostThe ol)
The release of a
detention prisoner
who could not be
delivered to judicial
authorities within
the time fixed by
law is not infidelity
in the custody of a
prisoner. Neither is
mere leniency or
laxity in the
performance of
duty constitutes of
infidelity.
That he is charged
with the
conveyance or
custody of a
prisoner, either
detention prisoner
or prisoner by final
judgment;
CONSENTING TO
EVASION
ELEMENTS:
ARTICLE 224.
EVASION
THROUGH
custody of a
prisoner, either
detention prisoner
or prisoner by final
judgment; and
That such prisoner
escapes through
his negligence.
NEGLIGENCE
NOTES:
ELEMENTS:
The article
punishes a definite
laxity which
amounts to
deliberate nonperformance of a
duty.
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The liability of an
escaping prisoner:
if he is a prisoner
by final judgment,
he is liable for
evasion of service
(art 157)
if he is a detention
prisoner, he does
not incur criminal
liability (unless
cooperating with
the offender).
The negligent
public officer
suffers the same
penalty regardless
of whether the
prisoner is a
convict or merely a
detention prisoner.
ARTICLE 226.
REMOVAL,
CONCEALMENT,
OR DESTRUCTION
OF DOCUMENTS
ARTICLE 225.
ESCAPE OF
PRISONER UNDER
THE CUSTODY OF
A PERSON NOT A
PUBLIC
ELEMENTS OF
INFIDELITY IN
CUSTODY OF
DOCUMENTS:
OFFICER
ELEMENTS:
That the offender is
a private person;
That the
conveyance or
custody of a
prisoner or
person under
arrest is confided
to him;
That the prisoner or
person under arrest
escapes; and
That he abstracts,
destroys or
conceals a
document or
papers;QuickTime and a TIFF
(Uncomp essed) decompressor
That the
saidaredocumentneededtos
eethis picture
or
paper.
should have been
entrusted to such
public officer by reason
of his office; and
That damage,
whether serious or
not, to a third party
or to the public
interest should
have been caused.
NOTES:
The document
must be complete
and one by which a
right could be
established or an
obligation could
be extinguished.
Books, periodicals,
pamphlets, etc. are
not documents.
Infidelity in the
custody of
documents through
destruction or
concealment does
not require proof of
an illicit purpose.
Papers would
include checks,
promissory notes
and paper money.
Delivering the
document to the
wrong party is
infidelity in the
custody thereof.
Removal of a
document or paper
must be for an
illicit purpose.
There is illicit
purpose when the
intention of the
offender is to:
tamper with it,
ARTICLE 227.
OFFICER
BREAKING SEAL
to profit by it, or
to commit any act
constituting a
breach of trust in
the official care
thereof.
Removal is
consummated upon
removal or
secreting away of
the document from
its usual place. It is
immaterial whether
or not the illicit
purpose of the
offender has been
accomplished.
ELEMENTS:
It is the breaking of
the seals and not
the opening of a
closed envelope
which is punished.
Damage or intent
to cause damage is
not necessary;
damage is
presumed.
ARTICLE 228.
OPENING OF
CLOSED
DOCUMENTS
ELEMENTS:
1. That the
offender is a public
officer;
Criminal
Law
Summer
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Damage is not
necessary.
Article 229.
Revelation of
secrets by an
officer.
2007
ELEMENTS OF
PAR. 1 (SECRETS
KNOWN BY
REASON OF HIS
OFFICIAL
CAPACITY):
justifiable reasons;
and
That damage,
great or small, be
caused to the
public interest.
Secrets of a private
individual is not
included.
Espionage for the
benefit of another
State is not
contemplated by
the article. If
regarding military
secrets or secrets
affecting state
security, the crime
may be espionage.
That he delivers
those papers or
copies thereof to a
third person;
CHARGE means
custody or
control. If he is
merely entrusted
with the papers and
not with the
custody thereof, he
is not liable under
this article.
If the papers
contain secrets
which should
QuickTime and a
ELEMENTS OF
PAR. 2
(WRONGFULLY
DELIVERING
PAPERS OR
COPIES OF
PAPERS OF
WHICH HE MAY
HAVE CHARGE
AND WHICH
SHOULD NOT BE
PUBLISHED):
not be
published,TIFF(Uncompressed)an
ddecompressorthe public
officer
are needed to see this picture.
having charge
thereof removes
and delivers them
wrongfully to a third
person, the crime is
revelation of
secrets. On the
other hand, if the
papers do not
contain secrets,
their removal for an
illicit purpose is
infidelity in the
custody of
documents.
Damage is
essential to the act
committed.
Damage to private
individual is not
necessary.
ARTICLE 230.
PUBLIC OFFICER
REVEALING
SECRETS OF
PRIVATE
INDIVIDUAL.
IRREGULARITIES
BY PUBLIC
OFFICERS
ARTICLE 231.
OPEN
DISOBEDIENCE.
ELEMENTS:
ELEMENTS:
That the offender is
a public officer;
That he knows of
the secret of a
private individual
by reason of his
office; and
That he reveals
such secrets
without authority or
justifiable reason.
That there is a
judgment,
decision or order
of superior
authority;
Revelation to one
person is sufficient.
If the offender is an
attorney, he is
properly liable
under Art. 209
(betrayal of trust by
an attorney).
That such
judgment, decision
or order was made
within the scope of
the jurisdiction of
the superior
authority and
issued with all the
legal formalities;
and
SUPERIOR
OFFICER; WHEN
SAID ORDER
WAS SUSPENDED
BY INFERIOR
OFFICER.
ELEMENTS:
Judgment should
have been
rendered in a
hearing and issued
within proper
jurisdiction and with
all required legal
solemnities.
ARTICLE 232.
DISOBEDIENCE
TO ORDER OF
Criminal
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Summer
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2007
the disapproval of
the suspension.
A public officer is
not liable if the
order of the
superior is illegal.
ARTICLE 233.
REFUSAL OF
ASSISTANCE.
ELEMENTS:
election to a public
office;
That there is no
legal motive for
such refusal to be
sworn in or to
discharge the
duties of said
office.
Damage to the
public interest or
third party is
essential.
Demand is
necessary.
Demand must be
from competent
authority
That he refuses to
be sworn in or
discharge the
duties of said
office;
If the elected
person is
disqualified, his
refusal to be sworn
in or to discharge
the duties of the
office is justified.
Refusal to
discharge the
duties of an
appointive office
is not covered by
this
article.
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ARTICLE 234.
REFUSAL TO
DISCHARGE
ELECTIVE
OFFICE.
ARTICLE 235.
MALTREATMENT
OF PRISONERS.
ELEMENTS:
ELEMENTS:
That he has
charge of a
prisoner or
detention prisoner
(otherwise the
crime is physical
injuries); and
Offended party:
Convict by final
judgment or
detention prisoner
That he maltreats
such prisoner in
either of the
following manners:
by overdoing
himself in the
correction or
handling of a
prisoner or
detention prisoner
under his charge
either
by the imposition of
punishments not
authorized by the
regulations, or
by inflicting such
punishments (those
authorized) in a
cruel and
humiliating
manner, or
by maltreating
such prisoner to
extort a
confession or to
obtain some
information from
the prisoner.
To be considered a
detention prisoner,
the person arrested
must be placed in
jail even for just a
short time.
Maltreatment not
due to personal
grudge.
(Penalty provided
in Article 235 is
imposed in addition
to penalty for injury
or damage caused)
ARTICLE 236.
ANTICIPATION OF
DUTIES OF A
PUBLIC OFFICE.
ELEMENTS:
That he assumes
the performance
of the duties and
powers of such
office; and
ARTICLE 237.
PROLONGING
PERFORMANCE
OF
DUTIES AND
POWERS.
ELEMENTS:
1. That the
offender is holding
a public office;