ELEMENTS: EFFICIENT INTERVENING CAUSE

- An active force which is distinct and absolutely foreign from the felonious act
ART. 3 of the offender

DOLO 3 SITUATIONS WHEREIN A PERSON BECOMES CRIMINALLY LIABLE FOR THE

1. Freedom RESULTING FELONY ALTHOUGH THE WRONGFUL ACT BE DIFFERENT FROM
2. Intelligence THAT WHICH HE INTENDED
3. Intent 1. Abberatio Ictus
o Increase criminal liability à generally results to complex crime
CULPA 2. Error in personae
1. Freedom o If there is variance à impose lesser penalty
2. Intelligence o If no variance à no effect
3. Imprudence, negligence, lack of skill, lack of foresight 3. Praeter Intentionem
o Mitigating
o ELEMENTS:
ACT 1. Felony has been committed
- Any body movement which has a direct connection to the felony intended to 2. Notorious inequality between the means employed and the
be committed resulting felony

OMISSION IMPOSSIBLE CRIME (Arresto Mayor/ P200-500)

- Failure of a person to perform an act or to do a duty which is required by law 1. Crime would have been crime against persons/property
2. Done with evil intent
INTENT 3. Not accomplished because of the inherent impossibility of its accomplishment
- Use of a particular means to achieve the desired result or on account of the employment of inadequate or ineffectual means
- General criminal intent = x need to be proven 4. That the act done should not constitute any other violation of the RPC
- Specific criminal intent = needs to be proven
- How established: INHERENT IMPOSSIBILITY (2 KINDS)
o Weapon 1. Legal impossibility – x amount to a crime; kill dead person
o Wound 2. Physical impossibility – extraneous circumstance unknown to the offender;
o Manner empty pocket
o Acts, deed or words
ART. 6. STAGES IN EXECUTION
MISTAKE OF FACT
1. That the act would have been lawful had the facts been as the accused FORMULA
believed them to be 1. ATTEMPTED
2. Intention of the accused was lawful o IK + NMW – D
3. There be no fault, negligence or carelessness on his part o IK + OA - D
2. FRUSTRATED
ART. 4 – CRIMINAL LIABILITY o IK + MW – D
(Timely medical intervention)
PROXIMATE CAUSE DOCTRINE 3. CONSUMMATED
1. Intended act = felonious act o OA + D (IK presumed)
2. Resulting act = felony 4. M/NWM – IK = PI
3. That the resulting act is the direct, natural and logical consequence of the 5. RAPE
felonious act of the offender o Attempted = no penetration
o Consummated = slightest penetration
PROXIMATE CAUSE 6. AOL
- That cause which in the natural and continuous sequence, unbroken by o AOL + intent to have sex = attempted rape
efficient intervening causes, produces the injury and without which the injury o AOL – intent to have sex = AOL
would not have occurred

© Michelle Duguil
 GR: Liable only for the crimes agreed upon
2 PHASES - E:
1. Subjective phase 1. Committed in the presence and X prevent
2. Objective phase 2. Natural consequence of the crime
3. Composite crime/ special complex crime or a single indivisible complex
ATTEMPTED crime
1. The offender commences the commission of the felony directly by overt acts
2. Does not perform all the acts of execution which would produce the felony 2 KINDS OF CONSPIRACY
3. Not stopped by his own spontaneous desistance 1. Wheel/Circle Conspiracy = Hub & spoke
4. He was not able to perform all the acts of execution by reason of some cause 2. Chain Conspiracy = drugs
or accident other than his own spontaneous desistance
JUSTIFYING EXEMPTING
FRUSTRATED X criminal liability X criminal liability
1. Offender performs all of the acts of execution which should produce the felony X civil liability √ civil liability
2. Does not produce it by reason of causes independent of the will of the - E: State of necessity (par 4) - - E: Accident and insuperable
perpetrator √ civil liability cause – X civil liability

*NB: No crime of frustrated rape, theft, robbery, arson(?), adultery, corruption of public
officers ART 11. JUSTIFYING CIRCUMSTANCES – (SRS –SDO)
- X crime, X criminal
OVERT ACT - X criminal liability
- Refers to any external act which if allowed to continue will naturally and - X civil liability
logically ripen into a crime; direct connection to the intended felony o E: Par 4 – state of necessity

UNLAWFUL AGRESSION
INDETERMINATE OFFENSE 1. Physical/material attack
- The OA of a person in relation to the intended felony is ambiguous 2. Attack = real or imminent
- Real = use of physical force
INTENT TO KILL FACTORS - Imminent = intending/about to happen
1. Evidence of motive 3. Unlawful act
2. Weapons
3. Wounds REASONABLE NECESSITY
4. Manner - Rational equality
5. Acts and statements before, during, after committing the crime - X material commensurability
- Factors:
ART. 8 – CONSPIRACY 1. Weapon
2. Physical condition, size, weight of aggressor
Direct/Express Conspiracy Indirect/Implied Conspiracy 3. Place and location of assault
Part of the agreement/ pre-conceived X prior agreement – spur of the moment
plan LACK OF SUFFICIENT PROVOVATION
Present Present - PROVOCATION – any immoral act or conduct, unjustified act or conduct
X need to participate; direct or indirect; Must participate actively which stirs a person to do wrong
moral ascendancy; mere presence - SUFFICIENT PROV ELEMENTS
X need direct proof 1. adequate to stir a person to do the wrongful act
2. proportional to the gravity of the act

SELF-DEFENSE
1. UA
2. RN
3. LSP on the part of the person defending himself

© Michelle Duguil
DEFENSE OF RELATIVE
1. UA MINORITY (RA 9344)
2. RN - 15 or below = exempt
3. In case the provocation was given by the person being attacked, the one - Above 15, below 18 w/o discernment = exempt
making the defense had no part therein - Above 15, below 18 with discernment = X exempt (PMC)
*SAD-LNABS-A-C(4) - Maximum age for suspension of sentence = 21

DEFENSE OF STRANGER LAWFUL ACT WITH DUE CARE (ACCIDENT)

1. UA 1. Lawful act
2. RN 2. Due care
3. That the person defending be not induced by revenge, resentment or other 3. Causes injury by mere accident
evil motive
IRRESISTABLE FORCE
STATE OF NECESSITY (PAR 4) 1. Compulsion by PHYSICAL force
1. That the evil sought to be avoided actually exists 2. Must be irresistible
2. That the injury feared be greater than that done to avoid it 3. Comes from a third person
3. That there be no practical and less harmful means of avoiding it
4. *X negligence or fault on the actor UNCONTROLLABLE FEAR
*Civil liability exists 1. Uncontrollable fear
2. Fear = real and imminent
FULFILLMENT OF A DUTY 3. Fear of an injury is greater than or equal to that committed
1. Accused acted in the performance of a duty or in the lawful exercise of a right
or office INSUPERABLE CAUSE
2. That the injury caused be the necessary consequence of the due 1. An act is required by law to be done
performance of duty or the lawful exercise of such right or office 2. Person fails to do the act
3. Failure is due to some lawful or insuperable cause
OBEDIENCE TO AN ORDER ISSUED BY A SUPERIOR FOR SOME LAWFUL
PURPOSE
1. Order issued by a superior ART. 13. MITIGATING CIRCUMSTANCES – (N-18/75-PP-V-P/O-SC-DDBP-I-A)
2. For some lawful purpose - Reduces the imposable penalty
3. Lawful means - OM
o Min period
BATTERED WOMAN SYNDROME o √ offset by GAC
- 2 battering cycles o X consider if single indivisible penalty
- TAT - PMC
o Lower by 1 or two degrees
2
ART 12. EXEMPTING CIRCUMSTANCES- I -MAI-US o X offset by any AC
- Crime, criminal o √ apply whether divisible or indivisible
- X criminal liability o Takes preference over all circumstances – apply first!
- √ Civil liability o If 2 or more MC, no AC = 1 degree lower
o E: X civil liability - X need to consider MC in culpable felonies à sound discretion of the judge
§ Accident (part 4)
§ Insuperable cause (par 7) INCOMPLETE EXEMPTING/JUSTIFYING
1. Majority of elements present = PMC
INSANITY/IMBECILITY 2. Less than majority = OMC
- Insane = exempting always; 2-7 yrs old 3. 2 elements; 1 element present = PMC
- Imbecility = liable if lucid interval shown 4. For defense – there must always be UA
o If UA only = OMC
o UA + others = PMC

© Michelle Duguil
 - Even if √ warrant of arrest, as long as X arrested yet à consider VS
MINORITY/SENIORITY - GR: X considered MC in SPL
- Minority (above 15, below 18, with discernment) = PMC o E: When the law itself provides (plunder law) - √ consider VS as
- Seniority (over 75) = OMC MC

PRAETER INTENTIONEM VOLUNTARY PLEA OF GUILT

1. Offender committed a felony 1. Guilt is confessed spontaneously and unconditionally
2. Notorious disparity between the means employed and the resulting felony 2. Before open court
3. Before the presentation of evidence for the prosec
SUFFICIENT PROVOCATION NB:
1. Provocation = sufficient - Spontaneous – must be the original crime charged
2. Originate from the offended party - Open court – before the court that tried his case
3. Provocation must be IMMEDIATE from the commission of the crime by the
provoked person DEAF, DUMB, BLIND, MUTE OR OTHERWISE SUFFERING FROM SOME
NB: PHYSICAL DEFECT
- Immediate = no lapse of time 1. Connection to the crime committed
- SUFFICIENT PROVOCATION ELEMENTS: 2. Restricted his means of ADC
1. Adequate to stir a person to commit a wrongful act
2. Proportionate to the gravity of the crime DIMINISH EXERCISE OF WILL POWER
1. Diminish exercise of will power
IMMEDIATE VINDICATION OF A GRAVE OFFENSE 2. Without depriving him of the consciousness of his act
1. Grave offense has been committed to SAD-LNABS-RA(same degree)
2. Said act or grave offense = proximate cause of the commission of the crime
NB: ANALOGOUS CIRCUMSTANCES
- Proximate cause = allows lapse of time - Voluntary return of malversed public funds = VS
- Grave offense = X need to be a punishable act; any unjust or immoral act - 65 yrs old, sickly, suffering from disease = seniority

PASSION/OBFUSCATION ART 14. AGGRAVATING CIRCUMSTANCES

1. That the act be UNLAWFUL and SUFFICIENT to produce P/O - ALL AC must be alleged in the information
2. The act that would produce P/O must not be far removed from the commission GENERIC Applies generally to all crimes NT
of the crime by considerable length of time during which the offender can Recidivism
recover his NORMAL EQUANIMITY SPECIFIC Certain or particular crimes Treachery – persons
NB: Cruelty – persons
- P/O must arise from lawful sentiments because an an unlawful act was INHERENT Considered elements EP – robbery
committed against him X increase penalty
- Immediateness – X able to recover normal equanimity QUALIFYING - Change the nature of T, EP, C in homicide à
o X 30m the crime to bring about murder
o X4d a more serious or
o X2w higher penalty OR CDDA
- Without changing the
NOTE!!! nature of the crime,
- If 4,5,6 present arising from the same facts à considered 1 MC only for imposes a higher
purposes of computing penalty penalty
VOLUNTARY SURRENDER SPECIAL Increases the penalty to Use of unlicensed FA
1. X actually arrested MAXIMUM without exceeding the
2. Voluntarily surrendered himself to person in authority/agent penalty prescribed by law Syndicate/organized
3. Surrender must be voluntary crime
NB: X offset by any MC
- Surrender voluntary when spontaneously and unconditionally done Take advantage of
public position

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 6. NIGHT TIME Generic NT
AC KIND ELEMENTS UNINHABITED 1. Deliberately
1. ADVANTAGE BE Special AC 1. Public officer PLACE DFA sought
TAKEN OF PUBLIC 2. Prestige, influence, BAND 2. Facilitate
POSITION (P-PIA) ascendancy 3. Afford impunity
2. IN CONTEMPT OF Generic 1. PO in the exercise of (3)
OR WITH INSULT functions UNINHABITED
TO PUBLIC (ENKP) 2. PO X the person 1. Remote possibility
AUTHORITIES against whom crime is RD of help
Note: Public authority committed 2. Deliberately
- Mayor 3. Knows him to be a PO sought
- Barangay 4. Presence X prevent
chairman offender from BAND
- Governor committing the crime 4AA 1. At least 4 armed
- Councilor malefactors
- X Police 2. Acted together
2
officer – 7. CSE -CM If killing = qualified Offender took advantage of
mere agent If taking of prop = situation
3. RANK (high) Generic RAS – crimes against qualified
AGE (minor/senior) persons, chastity, honor 8. AID OF ARMED Qualifying 1. No # specified
SEX (female) (RASD) MEN OR 2. X necessary act together
DWELLING Sex – inherent in rape and PERSONS WHO 3. Merely aided
certain crimes against INSURE/AFFORD 4.Direct/indirect participation
NB: chastity IMPUNITY
Dwelling 9. RECIDIVIST Generic 1. On trial for an offense
*Age = absorbed by - Inherent in robbery Dwelling 2. Previously convicted by
treachery with use of force upon 1. Inside the dwelling SAME TITLE!!! FJ of another crime
st nd
things 2. No provocation by 1- FJ 3. 1 and 2 crime =
- X inherent in robbery offended 2- X FJ yet SAME TITLE
with violence or E: Same dwelling; 4. Offender is convicted of
nd
intimidation of persons provoked, inherent TPSC 2 offense charged
4. ABUSE OF Generic and qualifying AOC 10. REITERACION OR Generic 1. On trial for an offense
CONFIDENCE 1. Trusted HABITUALITY 2. Previously SERVED
(TAF) 2. Abused trust SERVED SENTENCE SENTENCE for a crime
OBVIOUS 3. Facilitated ALREADY to which the law
UNGRATEFULNESS (TAO) commission of TS-E/G-L-C attaches an equal or
crime *Consider previous greater penalty // or 2 or
OU crime more crimes to which
1. Trusted - attaches an equal the law attaches a
2. Abused trust or greater penalty lighter penalty
3. Obvious UG - or 2 or more 3. Convicted of the new
5. PALACE OF CE Generic Deliberately sought crimes to which offense
PRESENCE OF CE the law attaches
PA ENGAGED IN (4) PA must be actually engaged a lighter penalty
FUNCTIONS in performance of duties
PLACE •
DEDICATED TO All others kahit hindi 11. PRP Killing = qualifying PDI = prime reason/sole
RELIGIOUS motivating factor for PDP to
WORSHIP Considered against commit crime
both PDP and PDI

© Michelle Duguil
 12. FIPE – SAD Qualifying = killing to Means to commit the crime 18. UNLAWFUL Generic When an ENTRANCE is
murder ENTRY effected by a way not
13. EVIDENT Qualifying REQUISITES intended for the purpose
PREMEDITATION 1. Time when the offender 19. WRFDW BE Generic Inherent in robbery with use
determined to commit BROKEN of force upon things
(TAL) crime 20. AID OF PERSONS Generic
2. Act manifestly UNDER 15
Inherent in: CRATE indicating that the
culprit clung to USE OF MV, Qualifying in killing
EP determination MOTORIZED Others - generic
1. Stubborn 3. Sufficient lapse of WATERCRAFT,
adherence to a time between the AIRSHIPS OR
decision to determination and OTHER SIMILAR
commit crime execution to allow him MEANS
2. Deliberate plans to reflect upon 21. CRUELTY Qualifying 1. Physical pain
before or after the consequences of his 2. Alive
commission of act (PAGE) 3. Gradually
the crime 4. Enjoys and delights

14. CRAFT Generic - Craft = intellectual trickery IN ADDITION:

FRAUD or cunning 1. USE OF UNLICENSED FIREARM
DISGUISE - Fraud = deceit, insidious o Special AC in HMP
words/machinations o X offset by any MC
- Disguise – conceal identity o Increase to maximum period
15. ABUSE OF Qualifying 1. Notorious inequality of 2. DANGEROUS DRUGS
SUPERIOR forces o Qualifying AC
STRENGTH OR Absorbed by treachery 2. Offender deliberately
MEANS BE took advantage of this IGNOMINY CRUELTY
EMPLOYED TO ND inequality to facilitate Moral pain/suffering Physical pain
WEAKEN crime Dead/Alive Alive
DEFENSE
16. TREACHERY Qualifying 1. Deliberately adopted ART 15. ALTERNATIVE CIRCUMSTANCES
Specific – only for the particular MMF of 1. Relationship
crimes against attack 2. Intoxication
persons 2. Victim X in position to 3. Degree of instruction
defend himself
Essence: suddenness RELATIONSHIP
and unexpectedness GR: treachery must be - SAD-LNABS-A(same degree)
of attack; victim is present at the - RULES:
totally defenseless commencement of the attack o PROPERTY
- E: X saw • MITIGATING – Arson, culpable insolvency, all others
D-MMF-D commencement
• EXEMPTING – Theft, estafa, malicious mischief,
but saw that victim
swindling (TES-M)
was restrained)
o PERSONS
• MITIGATING – offender is higher degree + less serious
17. IGNOMINY Qualifying - Moral pain/suffering
or slight PI
- Dead/alive
• AGGRAVATING – serious PI
- Doggy style position;
flashlight vagina; mud • INHERENT – parricide
vagina

© Michelle Duguil
INTOXICATION ART 17. PRINCIPALS
- MITIGATING – X habitual; X subsequent to plan to commit felony 1. PDP
- AGGRAVATING - √ habitual; √ subsequent to plan to commit felony 2. PI
3. PIC
DEGREE OF INSTRUCTION
- LOW DEGREE – MC PDP PI PIC
o E: if inherently evil Must be present X need to be present Must be present
- HIGH DEGREE – AC Elements: (DI) *If not indispensable =
o If used in facilitating the crime 1. Inducement must be accomplice
made directly with
ABSOLUTORY CAUSES intent of procuring
- X criminal liability the commission of
- √ civil liability the crime
- Ex. 2. Inducement must be
o Mistake of fact the
o Instigation reason/impelling
o Accessories in light felonies force for the
commission of the
EXTENUATING CIRCUMSTANCES crime committed
- Mitigating Forms:
- Ex. Infanticide – mother killed own child less than 3d old to conceal dishonor 1. PRP
à 2 degrees lower from RP à PM 2. Force, command,
ascendancy
INSTIGATION ENTRAPMENT
Mens rea from PO Mens rea from offender ART 19. ACCESSORIES
Absolutory - √ exempt offender X absolutory 1. Profit/assist offender to profit by effects of crime
PO = principal by inducement PO = x criminally liable 2. Concealing or destroying the body of the crime or the effect and instruments
thereof in order to prevent discovery
ART. 16. PERSONS CRIMINALLY LIABLE 3. Harbor, conceal, assist in the escape
- Grave and less grave – PAA o Public officer – abuse of public functions
- Light felonies – PA o Private individual = TPM-AH

PRINCIPAL ACCOMPLICE ACCESSORY FENCING (PD 612)

Make + know + execute Knows + execute plan Know commission of 1. That the crime of ROBBERY/THEFT has been committed
plan crime 2. That said person was in POSSESSION of the said article or items
Minor participation – Takes part subsequent to 3. Intent to GAIN
material and moral aid commission of crime 4. That said person KNOWS or SHOULD HAVE KNOWN that article is product
Elements: (C-P/S-R) Manner – P/A-C/D-HCA of robbery/theft
1. Community of * Prima facie presumption of fencing
design – informed * X continuing offense, can only be tried in the courts where the offender was found in
and concurs possession
2. Performs previous
or simultaneous to BODY OF THE CRIME
the commission of 1. Proof of occurrence of a certain event
the crime 2. Proof of person’s criminal liability
3. Acts performed by
the principal is OBSTRUCTION OF JUSTICE (PD 1829)
related to act by - Any person who willfully and lawfully obstructs, impedes, frustrates or delays
accomplice the apprehension of suspects and the investigation and prosecution of
criminal cases

© Michelle Duguil
ART 20. ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILITY
1. Light felony
2. SAD-LNABS-A(same degrees) PERPETUAL ABSOLUTE TEMPORARY ABSOLUTE
o E: accessories who profit themselves = X exempt DISQUALIFCIATION DISQUALIFICATIOIN
NB: Effective during the LIFETIME of the DQ removed after serving sentence
- Includes: person even after serving sentence - E: Deprivation of PO and loss
o Bro/sis in law of rights to retirement pay or
o Parents in law other pension for office
- X niece and nephew formerly held

ART 26. FINE WHEN A,C,L

ART 25. PENALTIES 1. Afflictive – more than 6k
2. Correctional – 200 – 6k
AFFLICTIVE 3. Light – less than 200
RP 20y 1d – 40y
RT 12y 1d – 6y ART. 45 - CONFISCATION AND FORFEITURE OF PROCEEDS/INSTRUMENTS OF
P/T Absolute Disqualification 6y 1d- 12y CRIME
P/T Special Disqualification 6y 1d- 12y - GR: Confiscated in favor of government
rd
PM 6y 1d- 12y o E: Property of 3 person not liable
CORRECTIONAL • E to E: X subject to lawful commerce may be destroyed
PC 6m 1d – 6y
ART 29. PREVENTIVE IMPRISONMENT
ARRESTO MAYOR 1m 1d – 6m 1. Non-bailable and evidence of guilt is string
SUSPENSION 6m 1d – 6y 2. Bailable but no bail was allowed by court or one who cannot afford to post
DESTIERRO 6m 1d – 6y bail
LIGHT PENALTIES CREDITING RULES
Arresto Menor 1d- 30d 1. FULL CREDIT
Public Censure o Agree voluntarily in writing to abide by the same disciplinary rules
PENALTIES COMMON TO 3 PRECEDING CLASSES imposed upon convicted persons
Fine o In the presence of counsel
Bond to keep the Peace 2. 4/5 CREDIT
o X agree voluntarily in writing by the same disciplinary rules
ACCESORRY PENALTIES WHEN X ALLOWED
P/T Absolute Disqualification 1. Recidivist or previously convicted 2x or more of any crime
P/T Special Disqualification 2. Being summoned for the execution of their sentence, failed to voluntarily
Suspension from PO, right to vote and be voted for, profession/calling surrender
Civil interdiction NB:
Indemnification - If preventive imprisonment for a period equal to or more than possible
Forfeiture or confiscation of instruments and proceeds of the offense maximum imprisonment à released immediately without prejudice to
Payment of costs continuation of trial
- If max penalty is destierro à released after 30 days
BOND TO KEEP PEACE BOND FOR GOOD BEHAVIOR - WHAT IS THE REMEDY?
Principal penalty not restricted to any Grave and light threats only o File petition for HABEAS CORPUS
crime
Failure to post = suffer detention Failure to post = destierro ART. 36. PARDON
X enforceable Form of bail bond - X work the restoration of right to hold public office or suffrage
No fixed duration – sound discretion of o E: expressly restored by the terms of pardon
the court - X criminal liability
- √ Civil liability

© Michelle Duguil
 - X IMPOSED WHEN:
1. X impose fine
PARDON BY OFFENDED PARTY PARDON GRANTED BY 2. Judgment X expressly state that in case of nonpayment of fine, the
PRESIDENT convict shall suffer subsidiary penalty
CRIM GR: X extinguish criminal liability Extinguishes criminal 3. Principal penalty that goes with fine exceed PC or higher than 6y
LIABILITY whether for public or private crimes liability 4. If the principal penalty that goes with fine does not have fixed duration
- E: Art 266-C (Marital Rape) 5. If what the convict thinks to pay is not fine but damages and cost
– pardon granted by W to H
extinguishes criminal action ART 48. PENALTY FOR COMPLEX CRIME
and penalty
CIVIL Extinguishes civil liability X 1. COMPOUND CRIME ELEMENTS
LIABILITY 1. Offender performs single act
WHEN Before the institution of the Granted after conviction 2. Resulted to 2 or more less grave felonies
prosecution of the case and only in by FJ NB: penalty for most serious crime in its max period
private crimes
2. COMPLEX CRIME PROPER
ART. 38. PECUNIARY LIABILITY; ORDER OF PAYMENT 1. 2 offenses committed
- RIFC 2. Offenses necessary means to commit another
3. Punished under the same statute
ART. 39. SUBSIDIARY PENALTY NB: penalty for most serious crime in its max period
- Substitute for fine and fine alone Example
- X accessory; X principal penalty - Rape with forcible abduction
- X apply if more than 6y penalty (higher than PC) - Estafa thru falsification of PUBLIC document
- SUBSTITUTE PENALTY FOR FINE
- MUST BE EXPRESSLY STATED IN THE JUDGMENT OF THE COURT 3. SPECIAL COMPLEX CRIME
- Fine + convict INSOLVENT - in reality 2 or more crimes committed but in the eyes of law, only 1
- RATE: - law provides what crimes would be complexed and what crimes go together
o 1 day for each amount equivalent to highest minimum wage rate - Ex.
prevailing in the PH at the time of rendition of judgment of o Robbery with homicide
conviction in the TC o Kidnapping with homicide
o Current in Manila: P486 o Rape with homicide
- RULES:
1. PC or Arresto + Fine 4. CONTINUED CRIME, CONTINUOUS CRIME, DELICTO CONTINUADO
o X exceed 1/3 of term of sentence - Elements:
o which shall not be more than 1y 1. Unity of penal provision
o fractions disregarded, only count days 2. Plurality of acts
2. FINE ONLY 3. Unity of criminal intent
o Grave/less grave felony = X exceed 6 months NB: Single larceny doctrine; rooster
o Light felony = X exceed 5d
3. HIGHER THAN PC (more than 6 years) 5. CONTINUING CRIME
o X subsidiary imprisonment - The offender may be prosecuted in any courts of the place where any of the
4. Penalty imposed not by confinement in penal institution but with crimes has been committed
fixed duration - Examples:
o Same deprivation as those of which the principal penalty consist o BP 22
o (Ex. Destierro + fine; suspension + fine) o Rebellion
5. Subsidiary penalty suffered not relieve him from the fine in case o Estafa
his financial circumstances should improve o Kidnapping
o Treason
o Estafa by postdating check

© Michelle Duguil
NB: QUASI-RECIDIVISM
- Machine gun – there are as many crimes as bullets discharged 1. Convicted
- Libel – there are as many crimes as there are persons SPECIFIED 2. Commits crime
a. Before serving sentence
ART. 62. EFFECT OF ATTENDANCE OF MC OR AC b. While serving sentence
1. AC which in themselves = x taken into account for purpose of increasing the NB:
penalty - Maximum period imposed
o Constitute a crime specially punishable by law - Special AC
o Included by law in defining crime - First crime – any crime; second crime – felony
o Inherent in the crime
2. AC/MC = only serve to A/M PAA as to whom circumstances are attendant
o Pertain to moral attribute of offender ART. 63. RULES FOR INDIVISIBLE PENALTY
o Private relations with offended party 1. When penalty is single indivisible à applied regardless of any MC/AC
o Other personal cause 2. When penalty is composed of 2 indivisible penalties (RP-D), rules:
3. Circumstances which consist in the material execution of the act or in the 1. 1 AC = greater penalty
means employed = aggravate or mitigate only those who had knowledge of 2. 1MC, no AC = lesser penalty
them at the time of execution of the act or their cooperation therein 3. no MC, no AC = lesser penalty
4. HABITUAL DELINQUENCY 4. Both MC and AC = offset and apply 3 rules
NB:
rd
3 conviction Last crime + PC (med and max) - If there is PMC à always apply first before anything else!!
th
4 conviction Last crime + PM (min and med)
th
5 or more conviction Last crime + PM (max) to RT (min) ART 64. RULES FOR IMPOSITION OF DIVISIBLE PENALTIES
1. X MC, X AC = medium
- X exceed 30y 2. 1MC, X AC = minimum
3. 1AC, X MC = max
HABITUAL DELIQUENCY ELEMENTS 4. Both MC and AC = offset
1. The crime specified should be 5. 2 or more MC with no AC = 1 degree lower
o Serious PI 6. PMC = apply first before computing!!
o Less serious PI
o Robbery
o Theft *IF COMPLEX CRIME
o Estafa - Penalty for most serious crime in max period
2. At least 3 convictions
3. Each conviction must come within 10 years from date of release or conviction ISLAW
NB - Courts are mandated to fix minimum and maximum sentence
- Effect: Additional penalty imposed in maximum period being an AC - If served minimum already = eligible for parole
- Limitation: Penalty for crime committed and additional penalty = X exceed 30y - How to compute ISLAW
o If violation of RPC
RECIDIVISM HABITUAL DELINQUENCY § Max – take into consideration MC and AC (Art 64)
2 convictions 3 convictions § Min – lower max by 1 degree; range is sound discretion
Same title FRET-S/LP of court
No prescriptive period 10 y o If violation of SPL
§ Min = not less than minimum term prescribed by law
Generic AC – can be offset Special AC – X offset
§ Max = not exceed max prescribed by law
AC effect is on the crime committed à Additional penalty
- X APPLY ISLAW WHEN:
may be offset by MC
1. Death/life imprisonment
2. Treason, conspiracy or proposal to commit treason
3. Misprision of treason, rebellion, sedition or espionage
4. Convicted piracy
5. Those who are habitual delinquents

© Michelle Duguil
 o Note = pwede recidivist - nor within the radius therein specified,
6. Escaped from confinement or evaded sentence o which shall be not more than 250 and not less than 25
o Note = minor who escaped reformatory = pwede pa rin kilometers from the place designated.
7. Granted conditional pardon = violated the terms thereof
8. Max period of imprisonment does not exceed 1 year COMMENT:
9. Straight penalty
10. Reclusion perpetua Destierro
- Is considered as a principal correctional and divisible penalty.
PAROLE - Jurisdiction over crimes punishable with destierro lies with the MTC
- After serving minimum term of sentence and has shown that he has reformed
- REQUISITES: Destierro shall be imposed in the ff cases:
1. The offender must be in prison serving his indeterminate sentence which 1. Death or serious physical injuries is caused or are inflicted under
exceeds 1 YEAR exceptional circumstance
2. Served minimum sentence 2. Person fails to give bond for good behavior in grave and light threats
3. Board of pardon and parol finds his release for the greater interest of 3. Concubine’s penalty for the crime of concubinage
society 4. When after reducing the penalty by one or more degree, destierro is the
proper penalty
IMPORTANT YEARS TO REMEMBER
Execution of Destierro
Preventive Subsidiary Parole/ISL Probation 1. Convict shall not be permitted to
imprisonment penalty - enter the place designated in the sentence
Destierro = X apply if principal Max imprisonment X more than 6y - nor within the radius specified,
released after 30d penalty is higher must exceed 1y imprisonment o which shall not be more than 250 and not less than 25
than PC (higher km from the place designated.
than 6y) If more than 6y = 2. If the convict enters the prohibited area à he commits evasion of sentence
disqualified
MODES FOR EXTINGUISHING CRIMINAL LIABILITY
Art. 75. Increasing or reducing the penalty of fine by one or more degrees. — 1. Death
Whenever it may be necessary to increase or reduce the penalty of fine by one or more 2. Service of Sentence
degrees, 3. Amnesty
- it shall be increased or reduced, respectively, for each degree, - by one- 4. Absolute pardon
fourth of the maximum amount prescribed by law, without however, changing 5. Prescription of crime
the minimum. 6. Prescription of penalty
- The same rules shall be observed with regard of fines that do not consist of a 7. Valid marriage of the offended with the offender.
fixed amount, but are made proportional.
DEATH
Art. 70. Successive service of sentence - Extinguishes criminal liability at any stage of the proceedings, be it before
or after conviction.
- 3 FOLD RULE o This is because the moment the offender dies, there is no one to
o Maximum duration of convict’s sentence Not exceed 3x the length serve the personal penalty.
of the most severe penalty - GR: Extinguishes civil liability
o Shall not exceed 40 years o only when the offender dies before conviction by final judgment
o Pena perpetua = computed at 30y o because there is no final judgment as to render him civilly liable for
o This pertains to the service of sentence. a crime.
o This is not for the judge to apply. He has to convict the person on o This refers to civil liability arising from the crime itself, ex delicto.
all crimes and impose all the penalties for it. This is applied by the - E: However, if the civil liability arises from other sources of obligations:
Director of Prisons. law, contracts, quasi contracts, quasi delicts,
o they survive even if death occurs before conviction by final
Art. 87. Destierro. — Any person sentenced to destierro shall not be permitted to judgment.
- enter the place or places designated in the sentence,

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 o In such cases, the complainant must file a proceeding before the o without the accused being convicted or acquitted,
executor or administrator of the estate of the accused. o or are unjustifiably stopped for any reason not imputable to him.
- Provided further, that if the offender died after conviction by final The term of prescription shall not run
judgment, - when the offender is absent from the Philippine Archipelago.
o civil liability subsists since his criminal liability is already proven
beyond reasonable doubt.
PRESCRIPTIVE PERIOD SUSPENDED:
PARDON VS AMNESTY - Upon filing of complaint or info
o before the fiscal’s office or
PARDON AMNESTY o before the court/public prosec for purposes of preliminary
Merely suspends the execution of Obliterates all effects of crime as if no investigation.
sentence, erases the penalty to be crime was committed. - It remains suspended
imposed. o until the accused is convicted or acquitted or
o the case is terminated without the fault of accused.
granted after conviction by final judgment granted at any stage of proceedings,
before during or after final judgment
NOTE:
Private act of President. public act of President.
- RPC / SPL crimes
o prescription suspended upon the filing of the case with the fiscal
As such, the person pardoned must plead Granted with the concurrence of
even if it is for a preliminary investigation.
and prove it before the courts. Congress.
- Ordinances
o suspends only upon filing or the start of judicial proceeding in
No judicial notice of pardon. Courts take judicial notice of it.
appropriate court.
Can be granted to any offender for any generally granted to a class or group of
crime committed persons- political offenders
PRESCRIPTION OF PENALTY-
- loss of the right of the State to execute the sentence.
Erap Senator Trillanes
D RP 20y
PERIOD OF PRESCRIPTION OF CRIME - (PROSECUTE) Other Afflictive 15y
Correctional 10
CRIME PERIOD E: AM = 5y
D, RP, RT 20y Light 1y
PM 15y
Correctional Penalties 10 y The period of prescription of penalties shall
E: AM – 5 yrs - commence to run from the date
o when the culprit should evade the service of his sentence,
Libel 1y
- and it shall be interrupted if the defendant should
Oral Defamation, Slander 6m o give himself up,
Light Offenses 2m o be captured,
o should go to some foreign country with which this Government has
no extradition treaty,
Art. 91. Computation of prescription of offenses. — The period of prescription shall o or should commit another crime before the expiration of the period
- commence to run from the day on which the crime is discovered of prescription.
o by the offended party,
o the authorities, VALID MARRIAGE
o or their agents, - only applies to private crimes
- and shall be interrupted o seduction,
o by the filing of the complaint or information, o abduction,
- and shall commence to run again when such proceedings terminate o acts of lasciviousness and
o one public crime = rape.

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 - Under Art 266, the valid marriage of the offended with the offender
extinguishes criminal liability as well as the penalty.
- Even the penalty already imposed by the court and even if offender is already ACQUITTAL, EFFECT ON CIVIL LIABILITY:
serving sentence
ACQUITTAL IN CRIMINAL ACTION BARS RECOVERY IN CIVIL ACTION in the ff
instances:
Art. 94. Partial Extinction of criminal liability. — Criminal liability is extinguished 1. If the judgment of acquittal states that the alleged criminal acts of the
partially: offender were not committed by him
1. By conditional pardon; 2. If the judgment of acquittal states that the accused is not guilty of
o There must be acceptance by the prisoner criminal or civil damages
o Failure to comply = evaision of service of sentence ACQUITTAL DOES NOT BAR RECOVERY IN CIVIL ACTION:
o CE can order immediate incarceration 1. When judgment of acquittal is based on reasonable doubt. This is
2. By commutation of the sentence; and because civil actions require mere preponderance of evidence
3. For good conduct allowances which the culprit may earn while he is serving 2. When judgment of acquittal states that the liability of accused is not
his sentence. criminal but civil in nature.
4. By parole (not in codal) - Ex. This usually happens when the case is estafa and there is
5. By probation (not codal) a contract between the accused and complainant, upon which
the accused failed to comply with the terms of the contract.
Article 97. Allowance for good conduct. Allowance for good conduct There is breach of contract
3. When the judgment of acquittal states the the civil liability does not arise
2 years 20d for each month of good behavior from the crime but from other sources of obligations
rd th
3 and 4 yr 23d
th
Following until 10 yr 25d Art. 102. Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of
th
11 and successive year 30d establishments. —
Each month of study, teaching or +15d In default of the persons criminally liable,
mentoring - innkeepers, tavernkeepers, and any other persons or corporations shall be
* Appeal by the accused = X deprive him of entitled to above allowance for good conduct civilly liable for crimes committed in their establishments, in all cases where a
* imposed by director of prisons violation of municipal ordinances or some general or special police regulation
shall have been committed by them or their employees.

Article 98. Special time allowance for loyalty REQUISITES FOR INKEEPERS TO BE SUBSIDIARILY LIABLE :
1. notified in advance the innkeeper himself, or the person representing
Escaped + returned within 24h from Deduct 1/5 of his sentence him, of the deposit of such goods within the inn;
announcement 2. and shall furthermore have followed the directions which such innkeeper
3. or his representative may have given them with respect to the care and
X return Additional 1/5 of term of sentence
vigilance over such goods.
X leave Deduct 2/5 of his sentence
NB:
CIVIL LIABILITY
- No liability shall attach in case of robbery with violence against or intimidation
of persons
GR: ART 100: Every person criminally liable is also civilly liable. For every criminal
o E: unless committed by the innkeeper's employees.
action filed in court, the civil action for the recovery of civil liability is deemed impliedly
instituted
WHO SHALL SHOULDER THE CIVIL LIABILITY
- E:
1. When offended party WAIVES the civil action
If the offender is insane, imbecile, minor
2. When the offended party RESERVES the right to file a separate civil
- Primary - It shall be shouldered by the persons who have custody of the
action, which must be made prior to the presentation of evidence of the
insane, imbecile or minor.
prosecution.
o E: if the custodian acted without fault or negligence
3. When the offended party files the civil action PRIOR to the criminal
- Secondary liability - falls on the property of the insane, imbecile or minor,
action

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 o E: except those properties which are prohibited from being
attached.
In case of state of necessity: (JC)
- All persons who have been benefitted during the state of necessity shall bear
the civil liability.
- If there are many persons benefitted, the liability shall be divided by the court
proportionately
In irresistible force or uncontrollable fear: (EC)
- Primary liability - Borne by the person who enforced the threats to the
offender.
- Secondary liability - falls upon the principal by direct participation, who is
the one who acted under the compulsion of irresistible force or uncontrollable
fear.
SUBSIDIARY CIVIL LIABILITY
- Parents, teacher, employers, proprietors shall be subsidiarily liable
o for the crimes committed by their children, students, employees,
servants.
REQUISITES TO HOLD EMPLOYERS SUBSIDIARILY LIABLE FOR CRIMES OF
EMPLOYEES:
1. Employer must be engaged in some kind of industry
2. Employer and employee relationship
3. Employee committed a crime in the exercise of his duties as employee
4. There must be conviction of the crime and the employee as found insolvent
to pay civil indemnity.
• The moment the employee was found insolvent, the liability of the
employer now becomes absolute.
• A motion for the issuance of a subsidiary writ of execution
must then be filed by the complainant.
Art. 104. What is included in civil liability. — The civil liability established in Articles
100, 101, 102, and 103 of this Code includes:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.
Can civil liability be extinguished?
- NO. even by the grant of pardon or any mode in extinguishing criminal liability.
- They can only be extinguished through the modes provided for in the civil
code – payment, loss of the thing due, condonation or remission, confusion
or merger, compensation, or novation.
Art. 110. Several and subsidiary liability of principals, accomplices and
accessories of a felony — Preference in payment. —
- Notwithstanding the provisions of the next preceding article, the principals,
accomplices, and accessories, each within their respective class, shall be
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liable severally (in solidum) among themselves for their quotas, and
subsidiaries for those of the other persons liable.
- The subsidiary liability shall be enforced,
o first against the property of the principals;
o next, against that of the accomplices, and,
o lastly, against that of the accessories.
- Whenever the liability in solidum or the subsidiary liability has been enforced,
the person by whom payment has been made shall have a right of action
against the others for the amount of their respective shares.
PROBATION
- disposition by which a convict after conviction and sentence is released
- subject to the conditions imposed by the court under the supervision of a
probation officer.
DISQUALIFIED TO AVAIL OF PROBATION:
1. those whose maximum term of imprisonment is more than 6 years
2. those who have been convicted of crimes against national security
3. those who have been convicted by final judgment of a crime to which the law
attaches a penalty of imprisonment of at least one month and/or fine of at
least 200php
4. those who have already availed the benefit of probation
5. those who have perfected an appeal from judgment of conviction
6. those convicted of an election offense under the Omnibus Election Code
7. those convicted of drug trafficking or drug pushing
8. those who filed a malicious report that a person is committing a violation of
Anti-money laundering law and was convicted because of such malicious
filing
APPLICATION FOR PROBATION:
- Where to file: Filed before the Trial Court which heard the case
- When to file: within the period of perfecting an appeal or within 15 days from
promulgation of judgment.
- No application for probation shall be entertained when the offender has
already perfected an appeal.
- Legal effect of probation: suspend the execution of the sentence, nothing
more.
GR: Appeal and probation are mutually exclusive
EXCEPTIONS TO RULE THAT APPEAL PREVENTS PROBATION:
1. If the appeal is only for the purpose of reducing the penalty to a
probationable penalty. That the only reason for appealing is to question the
high penalty imposed.
o E to E: However, if in the said appeal, the offender questions the
merits of the case, he can no longer apply for probation.
2. Under the Juvenile Justice and Welfare Act, if the offender is a minor he can
file an application for probation at any time even if after appeal. It is only
necessary that the penalty imposed upon him is a probationable penalty.
 o When?
CONDITIONS IMPOSED UPON OFFENDER UNDER PROBATION: § Before decision becomes final
1. MANDATORY § Apply immediately
- Appear before the probationary officer within 72 hours from the receipt of the § X appeal again
order. o Where?
- Report once a month § TC where judgment of non-prob penalty was made or
2. DISCRETIONARY/ SPECIAL § TC where case was re-raffled
- dependent upon the sound discretion of the court. Usually involves engaging o If several defendants = √ apply if x appealed sila
in a vocation, not drinking alcohol, not going to house of ill-reputes. o Sec. 4 = if you appeal and your penalty is lowered to a probational
- The only limitation on the discretionary conditions is that they must not be penalty, you can already apply for probation provided it is done
so restrictive to the rights of the accused such that they will no longer be in before the judgment becomes final and executory
consonance with his freedom.
o EX: condition pertained to the prohibition of the offender to teach - PEOPLE VS GAMBAO
during the period of probation. This is a restrictive condition. It - If heinous crime
deprives the offender his means of livelihood. o Civil indemnity = 100k
o Moral damages = 100k
PERIOD OF PROBATION: o Exemplary damages = 100k

Penalty is imprisonment for 1 year or period for probation is 2 years

less
All other cases six years.

Penalty is fine only with subsidiary
imprisonment
the period should not be less than nor
more than twice the total number of
days of subsidiary imprisonment taking
into account the highest minimum wage
rate at the time of the rendition of the
judgment.

So how can he be released?

- This happens when after the lapse of the period of probation, the probation
officer will file a Motion before the court with a recommendation stating that
the convict has complied with the conditions imposed and therefore, he
should be discharged.
- The court will then issue a final discharge of probation. Only then will
probation be terminated.

EFFECT OF FINAL DISCHARGE OF PROBATION:

o restore the civil rights lost or suspended by reason of conviction, including the
penalty of fine.
o But, the offender should still pay the civil indemnity to the offended party
o One of the modes of extinguishing criminal liability

IMPORTANT RULES!!!!!
- RA 10707
o Affirmed colinares ruling
o If changed from non-probationable to probationable penalty à √
apply for probation notwithstanding appeal

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