CRIMINAL LAW TIPS

BAR EXAM 2017

U.P. SIGMA DELTA PI SORORITY
October 2017

1. TAKBOBO PRINCIPLE (People vs. Takbobo, G.R. No. 102984, June 30, 1993)

The trial court correctly found the accused guilty of parricide as charged in the
information. Article 246 defines the crime of parricide and imposes thereof the penalty of
reclusion perpetua to death. Applying Article 63, when the penalty is composed of two
indivisible penalties, the penalty cannot be lowered by one degree, no matter how many
mitigating circumstances are present. What obviously misled the parties in this case is
that they overlooked the fact that the so-called special mitigating circumstance that
they rely on, that is, when there are two or more mitigating circumstances and no
aggravating circumstance the court shall impose the penalty next lower to that prescribed
by law, is found in paragraph 5 of Article 64, which, as its epigraph shows, provides the
"(r)ules for the application of penalties which contain three periods," meaning, divisible
penalties. The inapplicability thereof to the present case has long been settled.

In a number of cases, we have held that when there are two or more mitigating
circumstances and no aggravating circumstance but the imposable penalties are
indivisible in nature, the court cannot proceed by analogy with the provisions of
paragraph 5 of Article 64 and impose the penalty lower by one degree. Thus, in a
parricide case, 25 the trial court imposed the penalty next lower, which is reclusion
temporal, applying paragraph 5 of Article 64 since the crime was attended by two
mitigating circumstances without any aggravating circumstance. In reversing the
decision of the lower court, we ruled that the penalty imposed was not correct since the
rule applicable in said case is found in Article 63, and not in Article 64, of the Code.

2. UNCONSTITUTIONALITY OF SECTION 23 OF RA 9165 RE: PLEA

BARGAINING (Estipona vs. Hon. Lobrigo, G.R. No. 226679, August 15, 2017)

The Supreme Court's sole prerogative to issue, amend, or repeal procedural rules is
limited to the preservation of substantive rights, i.e., the former should not diminish,
increase or modify the latter. "Substantive law is that part of the law which creates,
defines and regulates rights, or which regulates the right and duties which give rise to a
cause of action; that part of the law which courts are established to administer; as opposed
to adjective or remedial law, which prescribes the method of enforcing rights or obtain
redress for their invasions."

In this jurisdiction, plea bargaining has been defined as "a process whereby the accused
and the prosecution work out a mutually satisfactory disposition of the case subject to
court approval." There is give-and-take negotiation common in plea bargaining. The
essence of the agreement is that both the prosecution and the defense make concessions
to avoid potential losses. Properly administered, plea bargaining is to be encouraged
because the chief virtues of the system - speed, economy, and finality can benefit the
accused, the offended party, the prosecution, and the court.

Considering the presence of mutuality of advantage, the rules on plea bargaining

neither create a right nor take away a vested right. Instead, it operates as a means to

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implement an existing right by regulating the judicial process for enforcing rights and
duties recognized by substantive law and for justly administering remedy and redress
for a disregard or infraction of them.
3. SALIENT RPC AMENDMENTS UNDER RA 10951
The Revised Penal Code
Act No. 3815
December 8, 1930
Article 9.
Grave felonies, less grave felonies and
light felonies. Grave felonies are those
to which the law attaches the capital
punishment or penalties which in any of
their periods are afflictive, in accordance
with Art. 25 of this Code.
Less grave felonies are those which the
law punishes with penalties which in
their maximum period are correctional, in
accordance with the above-mentioned
Article.
Light felonies are those infractions of law
for the commission of which a penalty of
arrest menor or a fine not exceeding 200
pesos or both is provided
Article 26.
When afflictive, correctional, or light
penalty. A fine, whether imposed as a
single of as an alternative penalty, shall
be considered an afflictive penalty, if it
exceeds 6,000 pesos; a correctional
penalty, if it does not exceed 6,000 pesos
but is not less than 200 pesos; and a light
penalty if it less than 200 pesos.
AFFLICTIVE: > P6000
CORRECTIONAL: P200 P6000
LIGHT: < P200
Article. 114.
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The Revised Penal Code, as amended
R.A. No. 10951
August 29, 2017
Article 9
Grave felonies, less grave felonies and
light felonies. Grave Felonies are those
which the law attaches the capital
punishment or penalties which in any of
their periods are afflictive in accordance
with Article 25 of this Code.
Less grave felonies are those which the
law punishes with penalties which in
their maximum period are correctional, in
accordance with the above-mentioned
Article.
Light felonies are those infractions of law
for the commission of which a penalty of
arrest menor or a fine not exceeding Forty
thousand pesos (P40,000) or both is
provided
Article 26.
When afflictive, correctional, or light
penalty. A fine, whether imposed as a
single of as an alternative penalty, shall
be considered an afflictive penalty, if it
exceeds One million two hundred
thousand pesos (P1,200,00); a
correctional penalty, if it does not exceed
One million two hundred thousand
pesos (P1,200,00) but is not less than
Forty thousand pesos (P40,000); and a
light penalty if it less than Forty
thousand pesos (P40,000).
AFFLICTIVE: >P 1.2M
CORRECTIONAL: P40,000 P 1.2M
LIGHT: < P40,000
Article. 114.
Treason. Any person who, owing
allegiance to (the United States or) the
Government of the Philippine Islands,
not being a foreigner, levies war against
them or adheres to their enemies, giving
them aid or comfort within the Philippine
Islands or elsewhere, shall be punished
by reclusion temporal to death and shall
pay a fine not to exceed P20,000 pesos.
No person shall be convicted of treason
unless on the testimony of two witnesses
at least to the same overt act or on
confession of the accused in open court.
Likewise, an alien, residing in the
Philippine Islands, who commits acts of
treason as defined in paragraph 1 of this
Article shall be punished by prision
mayor to death and shall pay a fine not to
exceed P20,000 pesos.
(As amended by E.O. No. 44, May 31,
1945).
Article. 154.
Unlawful use of means of publication
and unlawful utterances. The penalty
of arresto mayor and a fine ranging from
P200 to P1,000 pesos shall be imposed
upon:
1. Any person who by means of printing,
lithography, or any other means of
publication shall publish or cause to be
published as news any false news which
may endanger the public order, or cause
damage to the interest or credit of the
State;
2. Any person who by the same means, or
by words, utterances or speeches shall
encourage disobedience to the law or to
the constituted authorities or praise,
justify, or extol any act punished by law;
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Treason. Any Filipino citizen who levies
war against the Philippines or adheres to
her enemies, giving them aid or comfort
within the Philippines or elsewhere, shall
be punished by reclusion perpetua to
death and shall pay a fine not to exceed
Four million pesos (P4,000,000).
No person shall be convicted of treason
unless on the testimony of two witnesses
at least to the same overt act or on
confession of the accused in open court.
Likewise, an alien, residing in the
Philippine, who commits acts of treason
as defined in paragraph 1 of this Article
shall be punished by reclusion temporal
to death and shall pay a fine not to
exceed Four million pesos (P4,000,000).
Article. 154.
Unlawful use of means of publication
and unlawful utterances. The penalty
of arresto mayor and a fine ranging from
Forty thousand pesos (P40,000) to Two
hundred thousand pesos (P200,000) shall
be imposed upon:
1. Any person who by means of printing,
lithography, or any other means of
publication shall publish or cause to be
published as news any false news which
may endanger the public order, or cause
damage to the interest or credit of the
State;
2. Any person who by the same means, or
by words, utterances or speeches shall
encourage disobedience to the law or to
the constituted authorities or praise,
justify, or extol any act punished by law;
3. Any person who shall maliciously
publish or cause to be published any
official resolution or document without
proper authority, or before they have
been published officially; or
4. Any person who shall print, publish, or
distribute or cause to be printed,
published, or distributed books,
pamphlets, periodicals, or leaflets which
do not bear the real printer's name, or
which are classified as anonymous.
3. Any person who shall maliciously
publish or cause to be published any
official resolution or document without
proper authority, or before they have
been published officially; or
4. Any person who shall print, publish, or
distribute or cause to be printed,
published, or distributed books,
pamphlets, periodicals, or leaflets which
do not bear the real printer's name, or
which are classified as anonymous.