Escolar Documentos
Profissional Documentos
Cultura Documentos
Criminal Law
SUMMER REVIEWER
BOOK I
CRIMINAL LAW A branch of municipal law which
defines crimes, treats of their nature and provides for
their punishment.
Characteristics of Criminal Law:
1. General binding on all persons who reside
or sojourn in the Philippines
Exceptions:
a. Treaty Stipulation
b. Laws of Preferential Application
c. Principles of Public International Law
Ex:
i. sovereigns and other chiefs of
state
ii. Ambassadors,
ministers
plenipotentiary, minister resident
and charges daffaires
(BUT consuls, vice-consuls and other
foreign
commercial
representatives
CANNOT claim the privileges and
immunities accorded to ambassadors and
ministers.)
2. Territorial penal laws of the Philippines are
enforceable only within its territory
Exceptions: (Art. 2 of RPC binding
even on crimes committed outside the
Philippines)
a. offense committed while on a
Philippine ship or airship
b. forging or counterfeiting any coin or
currency note of the Philippines or
obligations and the securities issued
by the Government
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above-mentioned obligations and
securities
d. while being public officers and
employees, an offense committed in
the exercise of their functions
e. crimes against national security and
the law of the nations defined in Title
One of Book Two
retroactive effect.
Exception: when the law is favorable to the
accused
Exceptions to the Exception:
a. The new law is expressly made
inapplicable to pending actions
or existing causes of action
b. Offender is a habitual criminal
Theories of Criminal Law:
1. Classical Theory basis is mans free will to
choose between good and evil, that is why
more stress is placed upon the result of the
felonious act than upon the criminal himself.
The purpose of penalty is retribution. The
RPC is generally governed by this theory.
2. Positivist Theory basis is the sum of
social and economic phenomena 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.
3. Mixed Theory combination of the classical
and positivist theories wherein crimes that
are economic and social in nature should be
dealt in a positive manner. The law is thus
more compassionate.
Construction of Penal Laws:
1. Liberally construed in favor of offender
Ex:
a. the offender must clearly fall within
the terms of the law
b. an act is criminal only when made so
by the statute
2. In cases of conflict with official translation,
original Spanish text is controlling,
3. No interpretation by analogy.
ELEMENTS:
1. there must be an act or omission
2. this must be punishable by the RPC
3. 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:
1. Intentional Felonies- by means of deceit
(dolo)
Requisites:
a. freedom
b. intelligence
c. intent.
MISTAKE OF FACT misapprehension of
fact on the part of the person who caused
injury to another. He is not criminally liable.
Requisites:
a. the act done would have been lawful
had the facts been as the accused
believed them to be
bintention is lawful
b. mistake must be without fault or
carelessness by the accused
2. Culpable Felonies- by means of fault (culpa)
Requisites:
a. freedom
b. intelligence
c. negligence (lack of foresight) and
imprudence (lack of skill)
INTENT v. MOTIVE
Intent
GENERALLY not
taken into account
General
Special
Laws
Rule:
Penal
Motive
Elements
Crimes
Conspiracy
Proposal
Agreement
to person decides to
commit
AND commit a crime
AND proposes the
commission
same to another
Conspiracy
to
commit: sedition,
treason, rebellion,
coup d etat
Proposal
to
commit: treason,
rebellion, coup d
etat
*no proposal to
commit sedition
Terms
Attempted or
Frustrated
Stages
Plea of guilty as
mitigating
circumstance
Minimum,
medium and
maximum
periods
Penalty for
accessory or
accomplice
Special Laws
imprisonment
RPC
prision
correccional,
prision mayor,
arresto mayor,
etc.
Punishable
Yes
Not applicable
Yes
General Rule:
None
Exception: Unless
otherwise stated
Yes
Page 5 of 174
Chapter Two
JUSTIFYING CIRCUMSTANCES
AND CIRCUMSTANCES, WHICH EXEMPT
FROM CRIMINAL LIABILITY
Par. 1 Self-defense
Elements:
1. Unlawful Aggression
indispensable requirement
There must be actual physical assault or
aggression or an immediate and
imminent threat, which must be offensive
and positively strong.
The defense must have been made
during the existence of aggression,
otherwise, it is no longer justifying.
While generally an agreement to fight
does not constitute unlawful aggression,
violation of the terms of the agreement to
fight is considered an exception.
2. Reasonable necessity of the
employed to prevent or repel it
means
(indispensable
Page 6 of 174
Par. 5 FulfillmentTIFFof(Uncompressed)
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Lawful Exercise of
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a Right or Office
Elements:
1. accused acted in the performance of duty or
in the lawful exercise of a right or office
2. the injury caused or offense committed be
the necessary consequence of the due
performance of the duty, or the lawful
exercise of such right or office.
Who/what
is
affected?
Nature of
act
Existence
Justifying
Act
Exempting
Actor
act is considered
legal
None
voluntariness is absent
the actor is not liable
No criminal liability but
there is civil liability
EXCEPT as to Art.
12(4) (injury by mere
accident) and (7)
(lawful cause)
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Instigation
Chapter Three
CIRCUMSTANCES WHICH MITIGATE CRIMINAL
LIABILITY
Offset by any
aggravating
circumstance
Effect on
penalty
Kinds
(Sources)
Privileged Mitigating
Cannot be offset
Ordinary Mitigating
Can be offset by a
generic aggravating
circumstance
If not offset, has the
effect of imposing the
minimum period of
the penalty
Those
circumstances
enumerated in
paragraph 1 to 10 of
Article 13
Age
15years
Page 9 of 174
Vindication
Requisites:
1. provocation must be sufficient
2. it must originate from the offended party
3. must be immediate to the commission of the
crime by the person who is provoked
NOTE: Threat should not be offensive and positively
strong. Otherwise, it would be an unlawful
aggression, which may give rise to self-defense and
thus no longer a mitigating circumstance.
Page 10 of 174
3rd person
Unlawful
PROVOCATION
Comes from injured
party
Immediately precede
the commission of the
crime
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treachery since this means that the offender had time
to ponder his course of action.
IRRESISTIBLE
FORCE
Exempting
Requires physical
force
Must come from a
Requisites:
VOLUNTARY
SURRENDER
1. offender not
actually arrested
2. offender
surrendered to
person in
authority
3. surrender was
voluntary
VOLUNTARY
PLEA OF GUILT
1. offender
spontaneously
confessed his
guilt
2. confession was
made in open
court, that is,
before the
competent court
that is to try the
case
3. confession of guilt
was made prior to
the presentation
of the evidence
for the
prosecution
Page 11 of 174
Examples
Not examples
defendant who is 60 years old killing the wrong
with failing eyesight is similar to a person
case of one over 70 yrs old
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animal taken for ransom is not the same as
analogous to vindication of grave voluntary surrender
offense
CHAPTER FOUR
QUALIFYING
AGGRAVATING
CIRCUMSTANCE
EFFECT: Gives the
crime its proper and
exclusive name and
places the author of
the crime in such a
situation as to
deserve no other
Page 12 of 174
Page 15 of 174
Par. 6 By a band
As to their number
Requires more than three At least two
armed malefactors (i.e.,
at least four)
As to their action
Requires that more than This
circumstance
is
three armed malefactors present even if one of the
shall have acted together offenders merely relied on
in the commission of an their aid, for actual aid is
offense.
not necessary.
The crime is
committed by means
of any such acts
involving great waste
or ruin.
PAR. 7 on the
occasion of a
conflagration,
shipwreck, etc.
The crime is committed
on the occasion of a
calamity or misfortune.
Page 19 of 174
FRAUD
Where there is a direct
inducement by insidious
words or machinations,
fraud is present.
CRAFT
The act of the
accused done in
order not to arouse
the suspicion of the
victim constitutes
craft.
Page 20 of 174
ABUSE OF
SUPERIOR
STRENGTH
The element of
band is appreciated
when the offense is
committed by more
than three armed
malefactors
regardless of the
comparative
strength of the
victim or victims.
The gravamen of
abuse of superiority
is the taking
advantage by the
culprits of their
collective strength to
overpower their
relatively weaker
victim or victims.
Hence, what is taken
into account here is
not the number of
aggressors nor the
fact that they are
armed, but their
relative physical
strength vis-a vis the
offended party.
Treachery must be
convincing evidence
proved
by
clear
and
TREACHERY
ABUSE OF
SUPERIOR
STRENGTH
Means, methods
or forms are
employed by the
offender to make it
impossible or hard
for the offended
party to put any
sort of resistance
Offender does
not employ
means,
methods or
forms of attack,
he only takes
advantage of his
superior
strength
MEANS
EMPLOYED TO
WEAKEN
DEFENSE
Means are
employed but it
only materially
weakens the
resisting power of
the offended
party
Page 22 of 174
PAR. 19
It involves the breaking
(rompimiento) of the
enumerated parts of
the house.
PAR. 18
Presupposes that there
is no such breaking as
by entry through the
window.
IGNOMINY (PAR.17)
Involves
MORAL
suffering
Page 23 of 174
Page 24 of 174
When
Intoxication
Mitigating
And
When
Aggravating:
1. Mitigating
i. If intoxication is not habitual, or
ii. If intoxication is not subsequent to the plan to
commit a felony.
2. Aggravating
i. If intoxication is habitual, or
ii. If it is intentional (subsequent to the plan to
commit a felony).
To Be Entitled To The Mitigating Circumstance Of
Intoxication, It Must Be Shown:
1. That at the time of the commission of the
criminal act, the accused has taken such
quantity of alcoholic drinks as to blur his
reason and deprive him of a certain degree
of control, and
2. That such intoxication is not habitual, or
subsequent to the plan to commit the felony.
To be mitigating, the accuseds state of
intoxication
must
be
proved.
Once
intoxication is established by satisfactory
evidence, in the absence of proof to the
contrary, it is presumed to be non-habitual or
unintentional.
INSTRUCTION OR EDUCATION
As an alternative circumstance it does not
refer only to literacy but more to the level of
intelligence of the accused.
Refers to the lack or presence of sufficient
intelligence and knowledge of the full
significance of ones acts.
Low degree of instruction and education
or lack of it is generally mitigating. High
degree of instruction and education is
aggravating, when the offender took
advantage of his learning in committing the
crime.
GENERAL RULE: Lack of sufficient education is
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EXCEPTIONS:
1. Crimes against property (e.g. arson,
estafa, theft, robbery)
2. Crimes against chastity, and
3. Treason because love of country
should be a natural feeling of every
citizen, however unlettered or uncultured
he may be.
Page 25 of 174
NOTES:
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
Requisites:
1. That the inducement be made directly with
the intention of procuring the commission of
the crime; and
2. That such inducement be the determining
cause of the commission of the crime by the
material executor.
PRINCIPAL BY
INDUCEMENT
OFFENDER WHO
MADE PROPOSAL TO
COMMIT A FELONY
In both
The
proposal
to
be
punishable must involve
only treason or rebellion.
Page 27 of 174
ART.18.ACCOMPLICES
ACCOMPLICES - Persons who do not act as
principals but cooperate in the execution of the
offense by previous and simultaneous acts, which are
not indispensable to the commission of the crime.
They act as mere instruments that perform acts not
essential to the perpetration of the offense
Requisites: (the following must concur)
1. 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;
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NOTES:
Before there could be an accomplice, there
must be a principal by direct participation.
ART.19.ACCESSORIES
Accessories are those who:
1. having knowledge of the commission of the
crime, and
2. without having participated therein either as
principals or accomplices, take part
subsequent to its commission in any of the
following acts:
a. By profiting themselves or assisting the
offender to profit by the effects of the
crime.
Page 28 of 174
Requisites:
1. The accessory is a public officer.
2. He harbors, conceals, or assists in the
escape of the principal.
3. The public officer acts with abuse of his
public functions.
4. The crime committed by the principal is
any crime, provided it is not a light felony.
Page 29 of 174
ACCESSORY
Participation of the
accessory in all cases
always SUBSEQUENT
to the commission of the
crime
3. descendant, or
4. legitimate, natural or adopted brother, sister
or relative by affinity within the same degree.
Accessory Is Not Exempt From Criminal Liability
Even If The Principal Is Related To Him, If Such
Accessory
1. profited by the effects of the crime, or
2. assisted the offender to profit by the effects
of the crime.
REASON: Because such acts are prompted not by
affection but by a detestable greed.
NOTES:
Nephew and Niece not included
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.
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.
TITLE THREE
PENALTIES
Page 30 of 174
Criminal liability
SUBSISTS:
under
the
repealed
law
Page 32 of 174
PERSONAL INJURY
Produced by the
disturbance
and
alarm which are the
outcome
of
the
offense.
Is sought to be
repaired through the
imposition of the
corresponding
penalty.
Is
repaired
indemnity.
through
ART.24.MEASURES OF PREVENTION
OR SAFETY, WHICH ARE NOT CONSIDERED
PENALTIES
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Page 33 of 174
Applicable in determining
the prescriptive period of
penalties
Affli
ctive
over
600
0;
Corr
ecti
Fines:
1. Afflictive over 6000
2. Correctional 201 to 6000
3. Light 200 and less
NOTES:
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.
Fines are imposed either as alternative (Ex: Art
144 punishing disturbance of 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.
If the fine imposed by the law for the felony is
exactly 200 pesos, it is a light felony.
* People vs. Yu Hai (99 Phil. 725):
Under Art. 9, where the fine in question is
exactly P200, it is a light penalty, thus the
offense is a light felony; whereas under Art. 26,
it is a correctional penalty, hence the offense
involved is a less grave felony. It that this
discrepancy should be resolved liberally in
favor of the accused, hence Art. 9 prevails over
Art. 26.
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Chapter Three
DURATION AND EFFECTS OF PENALTIES
Notes:
The full time or 4/5 of the time during which
the offenders have undergone preventive
suspension shall be deducted from the
penalty imposed:
full time: if the detention prisoner
agrees voluntarily in writing to abide
by the same disciplinary rules
imposed upon convicted prisoners
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 four-fifths 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
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
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.
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.
Crime
covered
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GENERAL RULE: Pardon
granted
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does not include accessory
Exceptions:
1. 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
Extinguishment
of
criminal
liability
PARDON BY
THE
CHIEF
EXECUTIVE
(ART. 36)
Any
crime,
unless
otherwise
provided by or
subject
to
conditions
in
the Constitution
or the laws
Extinguishes
criminal liability
To
whom
granted
Cannot affect
the civil liability
ex delicto of the
offender
Only
after
conviction
by
final judgment
Any or all of the
accused
Whether it
can
be
conditional
May
absolute
conditional
Effect
on
civil liability
When
granted
be
or
PARDON BY
OFFENDED
PARTY (ART.
23)
Crimes against
chastity under
the RPC only
Does
not
extinguish
criminal liability
although it may
constitute a bar
to
the
prosecution of
the offender
Offended party
can waive the
civil liability
Only before the
institution of the
criminal action
In adultery and
concubinage,
must
include
both offenders
Cannot validly
be
made
subject to a
condition
in
the
course
of
judicial
NOTE:
Costs (expenses of the litigation) are
chargeable to the accused in case of
conviction. In case of acquittal, the costs are
de oficio, each party bearing his own
expense.
No costs are allowed against the Republic of
the Philippines, until law provides the
contrary.
The payment of costs is fully discretionary on
the Court.
ART. 38: PECUNIARY LIABILITIES; ORDER OF
PAYMENT
Pecuniary liabilities of persons criminally liable,
in the following order:
1. The reparation of the damage caused
2. Indemnification
of
the
consequential
damages
3. Fine
4. 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.
Order of payment is mandatory.
Ex. Juan inflicted serious physical injuries against
Pedro and took the latters watch and ring. He
incurred P500 worth of hospital bills and failed to
earn P300 worth of salary. Given that Juan only
has P1000 worth of property not exempt from
execution, it shall first be applied to the payment
of the watch and ring which cannot be returned,
as such is covered by reparation of the damage
caused, thus, no. 1 in the order of payment. The
500 and 300 are covered by indemnification of
the consequential damage, thus, no. 2 in the
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LIFE IMPRISONMENT
Specific duration of
20 years and 1 day
to 40 years and
accessory penalties
no definite term or
accessory penalties
Imposable
on
felonies punished by
the RPC
Imposable on crimes
punishable by special
laws
Chapter Four
APPLICATION OF PENALTIES
Requisites:
1. that at least 2 offenses are
committed
2. that one or some of the offenses
must be necessary to commit the
other
3. that both or all the offenses must be
punished under the same statute
No Single Act In The Following Cases:
1. 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.
2. 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
would mean it is an element of the crime. The
crime can be committed by another mean.
Page 41 of 174
Page 42 of 174
ART 48
Penalty for the more
serious crime shall be
imposed in its maximum
period
REAL/MATERIAL
PLURALITY
There is a series of acts
performed by the offender
CONTINUED CRIME
Same
PLURALITY OF CRIMES
No conviction of the crimes
committed
RECIDIVISM
There must be conviction
by final judgment of the first
prior offense
RULES:
1. If the penalty for the felony committed be
higher than the penalty for the offense which
the accused intended to commit, the lower
penalty shall be imposed in its maximum
period.
2. If the penalty for the felony committed be
lower than the penalty for the offense which
the accused intended to commit, the lower
penalty shall be imposed in its maximum
period.
3. If the act committed also constitutes an
attempt or frustration of another crime, and
the law 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:
Art. 49 has reference to the provision in the
st
1 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.
In Par. 3 the penalty for the attempted or
frustrated crime shall be imposed in its
maximum period. This rule is not necessary
and may well be covered by Art. 48, in view
of the fact that the same act also constitutes
an attempt or a frustration of another crime.
Page 43 of 174
APPLICATION OF ARTICLE 50 TO 57
Participation
Consummated
Frustrated
Attempted
Principal
1 less
2 less
Accomplice
Penalty
imposed by law
1 less
2 less
3 less
Accessory
2 less
3 less
4 less
NOTES:
Art. 50-57 are not applicable when the law
specifically prescribes the penalty for the
frustrated and attempted felony or that to be
imposed upon the accomplices and
accessories. (examples: qualified seduction,
flight to enemy country, kidnapping)
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
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degree.
Period
Refers
only
divisible penalties
to
felonies.
However, considering Article 4, this article is
actually limited to offenses against persons
or property.
Divisible
Penalties:
(maximum,
minimum)
1. Reclusion Temporal
2. Prision Correcional
3. Arresto Mayor
4. Destierro
5. Arresto Menor
6. Public Censure
7. Fine
medium,
HABITUAL
DELINQUENCY
Crimes to be committed
are specified
RECIDIVISM
Same title
W/ in 10 years
Second conviction
Additional penalty is
imposed
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
NOTES:
In no case shall the total penalties imposed
upon the offender exceed 30 years.
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The imposition
of the additional
penalties on
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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.
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
1. The
court can fix any amount of the fine within the
limits established by law.
2. Court must consider the following in imposing
the fines:
a. mitigating
and
aggravating
circumstances
b. more particularly, the wealth and
means of the culprit
3. The following may also be considered by the
court:
a. the gravity of the crime committed
b. the heinousness of its perpetration
c. the magnitude of its effects on the
offenders
victims.
are needed
Requisites of Art. 12,
par. to4:see this picture.
1. act causing the injury must be lawful
2. act performed w/ due care
3. injury was caused by mere accident
4. no fault or intention to cause injury
NOTES:
The Three-Fold Rule
1. Maximum duration of the convicts sentence:
3 times the most severe penalty imposed
2. Maximum duration: shall not exceed 40 yrs
3. 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.
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Page 49 of 174
Chapter Five
EXECUTION AND SERVICE OF PENALTIES
Page 50 of 174
sentence
7. granted with conditional pardon by the
President, but violated the terms thereof
8. maximum term of imprisonment does not
exceed 1 year
9. 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:
1. Such prisoner is fitted by his training for
release,
2. There is reasonable probability that he will live
and remain at liberty without violating the law,
3. Such release will not be incompatible with the
welfare of society.
ENTITLEMENT TO FINAL RELEASE AND
DISCHARGE
If during the period of surveillance such paroled
prisoner shall: (a) show himself to be a law abiding
citizen and, (b) shall not violate any law, the Board
may issue a final certification in his favor, for his final
release and discharge.
SANCTION FOR VIOLATION OF CONDITIONS OF
THE PAROLE
When the paroled prisoner shall violate any of the
conditions of his parole: (a) the Board may issue an
order for his arrest, and thereafter, (b) the prisoner
shall serve the remaining unexpired portion of the
maximum sentence for which he was originally
committed to prison.
REASONS FOR FIXING THE MAXIMUM AND
MINIMUM TERMS IN THE INDETERMINATE
SENTENCE
The minimum and maximum terms in the IS must be
fixed, because they are the basis for the following:
1. 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.
2. But when the paroled prisoner violates any of
the conditions of his parole during the period
of surveillance, he may be rearrested to
serve the remaining unexpired portion of the
MAXIMUM sentence.
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
8.
9.
10.
11.
12.
13.
Title Four
EXTINCTION OF CRIMINAL LIABILITY
Chapter One
TOTAL EXTINCTION OF CRIMINAL
LIABILITY
NOTES:
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.
Page 54 of 174
deed 6 months
4. Light offenses 2 months
When the penalty is a compound one, the highest
penalty shall be made the basis of the application of
above rules.
PAR. 6. BY PRESCRIPTION OF PENALTY
AMNESTY
PARDON
Extended to classes of
persons who may be guilty of
political offenses
Exercised individually
by the President
Same
A private act of the
President
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PRESCRIPTIVE PERIODS
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CRIMES:
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1. Crimes punishable by:
a. Death,
reclusin
perpetua
or
reclusin temporal
20 years
b. afflictive penalties 15 years
c. correctional penalties 10 years,
d. except those
punishable
by
arresto mayor which shall prescribe
in 5 years
2. Crime of libel 1 year
3. Offenses of oral defamation and slander by
Page 56 of 174
NOTES:
Consent is not necessary in commutation.
Prisoner is also allowed special time
allowance for loyalty which is 1/5 deduction
of the period of his sentence.
PAROLE consists in the suspension of the
sentence of a convict after serving the minimum term
of the indeterminate penalty, without granting pardon,
prescribing the terms upon which the sentence shall
be suspended. In case his parole conditions are not
observed, a convict may be returned to the custody
and continue to serve his sentence without deducting
the time that elapsed.
Good conduct allowance during confinement
Deduction for the term of sentence for good behavior
Allowance
First 2 years
CONDITIONAL PARDON
PAROLE
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Granted by Chief
Executive
NOTES:
allowance for good conduct not applicable
when prisoner released under conditional
pardon.
good conduct time allowance is given in
consideration of good conduct of prisoner
while he is serving sentence.
ART. 98: SPECIAL TIME ALLOWANCE
FOR LOYALTY
Title Five
CIVIL LIABILITY
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Chapter One
PERSON CIVILLY LIABLE FOR FELONIES
Page 59 of 174
industry.
2. Any of their servants, pupils, workmen,
apprentices or employees commits a felony
while in the discharge of his duties.
3. The said employee is insolvent and has not
satisfied his civil liability.
Industry any department or branch of art,
occupation or business; especially one w/c employs
so much labor and capital is a distinct branch of trade
NOTES:
Hospitals are not engaged in industry; hence,
they are not subsidiarily liable for acts of
nurses.
Private persons without business or industry
are not subsidiarily liable.
A separate trial is not necessary to enforce
the subsidiary liability of the employer. The
judgment obligee only needs to file a motion
for subsidiary execution. During the hearing
of the said motion, it is incumbent upon the
movant to prove that; (1) an employeremployee relationship exists; (2) the
employer is engaged in an industry; (3) the
convict committed the crime while in the
discharge of his duties; and (4) the writ of
execution was returned unsatisfied.
The employers subsidiary liability arises
when it is proved that the convict committed
the crime while at the service of the employer
and the writ of execution issued against the
accused is returned unsatisfied. On the other
hand, if the convict committed the crime but
NOT while in the service of an employer and
he cannot pay his civil liability, Art. 39 on
subsidiary penalty will apply.
CIVIL LIABILITIES
Includes reparation and
indemnification
Includes restitution (return
property taken), nothing to
pay in terms of money
PECUNIARY
LIABILITIES
Same
No restitution as the
liabilities are to paid out of
the property of the
offender
No fines and costs of Includes fines and costs of
proceedings
proceedings
Requisites:
1. The
employer,
teacher,
person
or
corporation is engaged in any kind of
Page 60 of 174
NOTES:
The court orders reparation if restitution is
not possible.
Reparation shall be: the price of the thing,
plus its sentimental value.
If there is no evidence as to the value of the
thing unrecovered, reparation cannot be
made.
Payment by the insurance company does not
relieve the offender of his obligation to repair
the damage caused.
Damages shall be limited to those caused by
the crime.
The accused is liable for the damages
caused as a result of the destruction of the
property after the crime was committed,
either because it was lost or destroyed by the
accused himself or that by any other person
or as a result of any other cause or causes.
ART. 107: INDEMNIFICATION; WHAT IS
INCLUDED
NOTES:
Indemnity refers to crimes against persons
while reparation to crimes against property.
Page 61 of 174
in
the
Chapter Three
EXTINCTION AND SURVIVAL OF CIVIL
LIABILITY
Page 62 of 174
BOOK II
TITLE ONE
CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS
NOTES:
Treason breach of allegiance to the
government by a person who owes
allegiance to it.
Allegiance obligation of fidelity and
obedience which individuals owe to the
government under which they live or to their
sovereign, in return for protection they
receive
Treason is a war crime - punished by state
as a measure of self-protection
Committed in times of war (not peace)
when
- there is actual hostilities
- no need for a declaration of war.
Mere acceptance of public office and
discharge of official duties under the enemy
do not constitute per se the felony of treason.
But when the position is policy-determining,
the acceptance of public office and the
discharge of official duties constitute treason.
PERSONS LIABLE:
1. Filipino permanent allegiance; can commit
treason anywhere
2. Alien Residing temporary allegiance;
commit treason only while residing in
Philippines
NOTES:
Treason committed in a foreign country may
be prosecuted in the Philippines. (Art.2,
RPC)
Treason by an alien must be committed in
the Philippines. (EO 44).