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Penalties in General

Penalty is the suffering that is inflicted upon a natural person by the State for the transgression of a law or ordinance.
Penal laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual delinquent, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. (Art. 22) A pardon by the offended party does not extinguish criminal action except as provided in Art. 344 ( when the injured party has pardoned the offender in crimes of adultery, concubinage, and other private crimes; provided that such pardon is given before the institution of the criminal action ); but civil liability with regard to the interest of the injured party is extinguished by his express waiver. (Art. 23) The following shall not be considered as penalties: 1. Arrest and temporary detention, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital. 2. Commitment of a minor to any of the institution mentioned in Art. 80 . (repealed by PD 603, as amended) A minor who escaped from a correctional institution is not an escaped prisoner. (People v. Halili, 58 Phil. 910) 3. Suspension from employment or public office during the trial or in order to institute proceedings . It is not a penalty because it is not imposed as a result of judicial proceedings. Those mentioned in paragraphs 1, 3, and 4 of said article are merely preventive measures before final judgment. (Bayot v. Sandiganbayan, 128 SCRA 383) 4. Fines and corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may impose upon their subordinates . 5. Deprivation of rights and the reparations which the civil law establishes in penal form . (Art. 24) Classification of Penalties Principal Penalties are that provided by law for a felony and which is imposed by the court expressly upon conviction.

Kinds of Principal Penalties:

According to their divisibility:

1. Indivisible those which do not have fixed duration, like death, reclusion perpetua, perpetual absolute or special disqualification, public censure. 2. Divisible those which have a fixed duration and are always divisible into three periods, namely: maximum, medium and minimum, like prision mayor.

According to their gravity: (Art. 25)

CAPITAL PUNISHMENT 1. Death It shall consist in putting the person under sentence to death by lethal injection. The death sentence shall be executed under the authority of the Director of Prisons. The death sentence shall be carried out not later than one (1) year after the judgment has become final. (Art. 81, as amended by RA 7659) The court [of origin] shall designate a working day for the execution but not the hour thereof; and such designation shall not be communicated to the offender before sunrise of said day, and the execution shall not take place until after the expiration of at least 8 hours following the notification but before sunset. (Art. 82) The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except: a. When the guilty person is below 18 years of age at the time of the commission of the crime. b. When he is more than 70 years of age. c. When upon appeal or automatic review of the case by the Supreme Court, the required majority vote is not obtained for the imposition of the death penalty, in which cases the penalty be reclusion perpetua. (Art. 47, as amended by RA 7659) The death sentence shall not be inflicted upon a woman while she is pregnant or within one (1) year after delivery, nor upon any person over 70 years of age. In this last case, the death sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalty provided in Art. 40. In all cases where the death sentence has become final, the records of the case shall be forwarded immediately by the Supreme Court to the Office of the President for possible exercise of the pardoning power. (Art.

83, as amended by RA 7659) The death penalty, when it is not executed by reason of commutation or pardon shall carry with it that of perpetual absolute disqualification and that of civil interdiction during 30 years following the date of sentence, unless such accessory penalties shall have been expressly remitted in the pardon. (Art. 40) AFFLICTIVE PENALTIES 1. Reclusion perpetua The penalty of reclusion perpetua shall be from 20 years and one day to 40 years. (Art. 27, as amended by RA 7659) The penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be, and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. (Art. 41) If the penalty imposed is reclusion perpetua, the convict may be pardoned after serving the penalty for 30 years. This is not mandatory. However, the longest term of imprisonment cannot exceed 40 years. (Art. 70) Although RA 7659 (Heinous Crime Law) in amending Article 27 thereof fixed the duration of reclusion perpetua at 20 years and one day to 40 years imprisonment, said penalty remains as an indivisible penalty as there is no clear legislative intent to alter its original classification. At most, the amendment as to its duration is for the purpose of applying Section 7, Rule 114 of the 2000 Rules on Criminal Procedure and Section 13, Article III of the Constitution regarding the accuseds right to bail. (People v. Reyes, 101127, Aug. 7, 1992) It is error for the trial court to sentence the accused to reclusion perpetua, whereas the penalty prescribed is life imprisonment. The penalty of reclusion perpetua, a penalty provided in the RPC with accessory penalties, is completely different from the penalty of life imprisonment. (People v. Ruedas, 194 SCRA 553) Distinction: (Q4, 1994 Bar; Q7, 1991 Bar) Reclusion Perpetua 1. Penalty provided for in the RPC, and some special laws, RA 6425 & PD 1860. 2. Duration of 20 years and one day to 40 years. Life Imprisonment 1. Penalty usually provided for in special laws. 2. No duration.

3. Maybe reduced by one or 3. Cannot be reduced by 2 degrees. degrees. 4. Has accessory penalties. 4. Does not have any accessory penalties. 2. Reclusion temporal The penalty shall be from 12 years and one day to 20 years. (Art. 27, as amended by RA 7659) 3. Perpetual or temporary absolute disqualification. 4. Perpetual or temporary special disqualification. These penalties (Nos. 3 & 4) are included by law in the classification of principal and accessory penalties. If it is the penalty provided in the RPC for the offense, it is a principal penalty; if not, it is only an accessory penalty. 5. Prision mayor The penalty shall be from 6 years and one day to 12 years. (Art. 27, as amended by RA 7659) The penalty of prision mayor shall carry with it that of temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. (Art. 42) CORRECTIONAL PENALTIES 1. Prision correctional The duration of the penalty shall be from 6 months and one day to 6 years. (Art. 27, as amended by RA 7659) The penalty of prision correctional shall carry with it that of suspension from public office, from the right to follow a profession or calling , and that of perpetual special disqualification from the right of suffrage , if the duration of said imprisonment shall exceed 18 months. (Art. 43) 2. Arresto mayor The duration of the penalty shall be from one month and one day to 6 months. (Art. 27, as amended by RA 7659) The penalty of arresto mayor shall carry with it that of suspension of the right to hold public office and the right of suffrage during the term of the sentence . (Art. 44) 3. Destierro

Any person sentenced shall not be permitted to enter the place(s) designated in the sentence , nor within the radius therein specified, which shall not be more than 250 and not less than 25 kilometers from the place designated. (Art. 87) The duration of the penalties shall be from 6 months and one day to 6 years. (Art. 27, amended by RA 7659) LIGHT PENALTIES 1. Arresto menor The duration of the penalty shall be one day to 30 days. (Art. 27, as amended by RA 7659) The penalty shall be served in the municipal jail, or in the house of the defendant himself under the surveillance of an officer of the law, when the court so provided in its decision, taking into consideration the health of the offender and other reasons which may seem satisfactory to it. (Art 88) 2. Public censure If the accused is acquitted, the court has no authority to censure him, because censure, no matter how light a punishment it may be, is repugnant and essentially contrary to an acquittal. (People v. Abellera, 69 Phil. 623) PENALTIES COMMON TO THE 3 PRECEDING CLASSES: 1. Fine A fine, whether imposed as a single or as an alternative penalty, shall be considered an afflictive penalty , if it exceeds P 6,000; a correctional penalty , if it does not exceed P 6,000 but it is not less than P 200; and a light penalty , if it be less than P 200. (Art. 26) Under this Article, it the fine imposed is exactly P 200 it is correctional. However, under Article 9, a fine imposed of exactly P 200 is a light felony. To resolve this seemingly inconsistent provisions of the law, the learned authors has reconcile these in the following manner: If the question at issue is the prescription of a felony , Article 9 will prevail over Article 26. Thus, a fine imposed is exactly P 200, it is a light felony. On the other hand, if the question at issue is the prescription of the penalty , then Article 29 will prevail over Article 9, as such fine of exactly P 200 imposed as a penalty will be considered a correctional fine. 2. Bond to keep the peace The bond to keep peace shall be required to cover such period of time as the court may determine. (Art. 27, as amended) It

shall be the duty of any person to give bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented, and that in case such offense is committed they will pay the amount determined by the court in the judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee such undertaking. The court shall determine, according to its discretion, the period of duration of the bond. Should the person sentenced fail to give the bond as required, he shall be detained for a period which shall in no case exceed 6 months, if he shall have been prosecuted for a grave or less grave felony, and shall not exceed 30 days, if for a light felony. (Art. 35) Accessory penalties are that deemed included in the imposition of the principal penalty. 1. Perpetual or temporary absolute disqualification The penalties of disqualification for public office shall produce the following effects: a. Deprivation of the public offices and employment which the offender may have held, even if conferred by popular election. b. The deprivation of the right to vote in any election for popular elective office or to be elected to such office. c. The disqualification for the offices or public employment and for the exercise of any of the rights mentioned. In case of temporary disqualification, such disqualification as is comprised in paragraph (b) and (c) of this article shall last during the term of the sentence. d. The loss of all rights to retirement pay or other pension for any office formerly held. (Art. 30) All of these effects last during the lifetime of the convict and even after the service of the sentence except as regards pars. (b) and (c) of the above in connection with temporary absolute disqualification. (People v. Abes, 24 SCRA 780) 2. Perpetual or temporary special disqualification The penalties of disqualification for public office , profession or calling shall produce the following effects: a. The deprivation of the office, employment, profession or calling affected.

b. The disqualification for holding similar offices or employment either perpetually or during the term of the sentence, according to the extent of such disqualification. (Art. 31) The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to vote in any popular election for any public office or to be elected to such office. Moreover, the offender shall not be permitted to hold any public office during the period of his disqualification. (Art. 32) 3. Suspension from public office, the right to vote and be voted for, the profession or calling . If suspension is imposed as an accessory penalty, the duration is the same as that of the principal penalty. The person suspended from holding public office shall not hold another having similar functions during the period of his suspension. (Art. 33) 4. Civil interdiction Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos. (Art. 34) 5. Indemnification The pecuniary liabilities of the offender: a. Reparation of the damage caused. b. Indemnification of consequential damages. c. Fine d. Cost of the proceedings. (Art. 38) These pecuniary liabilities must be satisfied in the order mentioned. This article is applied only if the property of the offender is not sufficient to pay his pecuniary liabilities. If the offender does not have any property, he is to undergo subsidiary imprisonment at the rate of P 8 per day as provided in Article 39, amended by RA 5465, for his failure to meet the pecuniary liability of fine. 6. Forfeiture or confiscation of instruments and proceeds of the offense .

Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government unless they be property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed. (Art. 45) 7. Payment of costs . Cost shall include: a. Fees b. Indemnities in the course of judicial proceedings. (Art. 37) If the accused is convicted, costs may be charged against him. Payment of costs rests upon the discretion of the Court. If the accused is acquitted, the costs are de officio , which means, each party bears his own expenses. There is no subsidiary imprisonment for non-payment of costs. If the offender shall be in prison, the term of the duration of the temporary penalties, (like suspension) shall be computed from the day on which the judgment of conviction shall have become final. If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. (Art. 28) If the accused is in prison at the time the judgment is promulgated, he is deemed to have submitted himself for the execution of the said judgment as of the date of its promulgation. (Alvarado, v. Dir. of Prisons, 47 OG 343) Offender who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment, if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners, except in the following cases: 1. When they are recidivists, or have been convicted previously twice or more times of any crime. 2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily. (Art. 29) If the detention prisoner does not agree, the deduction shall be 4/5 of the time during which he has undergone preventive imprisonment. (People v. Abanes, 73 SCRA 44) An accused sentence to life imprisonment is entitled to the deduction. (US v. Ortencio, 38 Phil. 941)

There is preventive imprisonment when: 1. An offender is detained while the criminal case against him is being heard, either because the crime committed is a capital offense and not bailable. 2. Even if the crime committed was bailable, the offender could not post the required bail for his provisional liberty. (Q3, 1994 Bar) Whenever an accused has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review. In case the maximum penalty to which the accused may be sentenced is destierro , he shall be released after 30 days of preventive imprisonment. (See Art. 29, as amended by EO 214, July 10, 1987) A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon. A pardon shall in no case exempt the culprit from the payment of civil indemnity imposed upon him by the sentence. (Art. 36) Absolute pardon merely extinguished the criminal liability, removed disqualification to public office if expressly restored by the terms of the pardon, but does not entitled the accused to reinstatement to her former position inasmuch as her right thereto had been forfeited by reason of her conviction. Moreover, the pardon does not extinguish the civil liability arising from the crime. (Monsanto v. Factoran, Jr., 170 SCRA 191) (Q15, 1994 Bar) If the convict has no property with which to meet the fine mentioned in (c) of Article 38, he shall be subject to a subsidiary personal liability at the rate of P 8 for one day, subject to the following rules: 1. Penalty imposed is prision correctional or arresto and fine his subsidiary imprisonment shall not exceed 1/3 of the term of the sentence, and in no case shall it continue for more than one year. Illustration: Offender is sentenced to 6 years of prision correccional and to pay a fine of P 4,000. Divide P 4,000 by P 8 and that will be 500 days. One- third of 6 years is 2 years. The period of 500 days is less than 1/3 of the principal penalty. But the offender is to serve 365 days only of the 500 days because the law provides that the

subsidiary imprisonment shall not continue longer than one year or 365 days. 2. Penalty imposed is fine only subsidiary imprisonment (a) grave or less grave felony not to exceed 6 months; (b) light felony not to exceed 15 days. 3. Penalty imposed is higher than prision correctional no subsidiary imprisonment shall be imposed upon the culprit. (Art. 39) Subsidiary liability is not an accessory penalty, it is a substitute principal penalty and to be enforceable it must be expressly stated in the judgment that in case of insolvency of the accused, he shall suffer the corresponding subsidiary imprisonment. Subsidiary imprisonment does not extinguish the non-payment of fine. Also, subsidiary imprisonment is not imprisonment for debt because the constitutional prohibition refers to debts incurred in the fulfillment of contracts and not to the payment of money or damages as a penalty arising ex-delictu. (US v. Cara, 41 Phil. 828) Application of Penalties Whenever the Revised Penal Code prescribes a penalty for a particular felony, such penalty is intended for the principal in the consummated stage. (See Art. 46) The designation of the penalty prescribed by law must be used. Imposition of Penalties: 1. Principal of a consummated felony the penalty provided by law. (Art. 46) 2. Principal of a frustrated felony - one degree lower than that prescribed for a consummated felony. (Art. 50) 3. Principal of an attempted felony - 2 degrees lower than that prescribed for a consummated felony. (Art. 51) 4. Accomplice of a consummated felony - one degree lower than that prescribed for a consummated felony. (Art. 52) 5. Accessory of a consummated felony 2 degrees lower than that prescribed for a consummated felony. (Art. 53) 6. Accomplice of a frustrated felony one degree lower than that prescribed for a frustrated felony. (Art. 54) 7. Accessory of a frustrated felony 2 degrees lower than that prescribed for a frustrated felony. (Art. 55)

8. Accomplice of an attempted felony - one degree lower than that prescribed for an attempted felony. (Art. 56) 9. Accessory of an attempted felony - 2 degrees lower than that prescribed for an attempted felony. (Art. 57) Application of the Rules provided in Arts. 50 57

Principal 2 Accomplice 2 Accessory 3

x 1 3 2 4


X represent the penalty provided by law, which is to be imposed upon the principal in a consummated felony. (Art. 46) The figures represent the degrees to which the penalty is lowered.

Degree of a penalty refers to the penalty imposable for a felony committed considering the stage of execution and the degree of participation of the offender. While, period of a penalty refers to the duration of the penalty, consisting of the maximum, medium and minimum, after considering the presence or absence of aggravating or mitigating circumstances , and refers only to a divisible penalty. Complex crimes is when a single act constitutes 2 or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period. (Art. 48) The purpose of the imposition of the penalty is to prescribed a penalty lower than the aggregate of the penalties for each offense, if impose separately. The reason is when 2 or more crimes are the result of a single act, the offender is deemed less perverse than when he commits said crimes thru separate and distinct act. (People v. Cano, 17 SCRA 237) (Q2, 1996 Bar)
Article 48 does not apply when the law especially considers 2 or more crimes as single and indivisible and provides a specific penalty therefor. Robbery with homicide is not a complex crime but a single and indivisible felony by specific provision of law (Art. 294, par. 1) known as special composite crime (special complex crime), when under one provision of law, a crime which carries another crime as component thereof is penalized with one penalty.

Kinds of Complex Crimes: 1. Compound (delito compuesto) when a single act constitutes 2 or more grave or less grave felonies. Thus, a single act of throwing a hand grenade at a person, killing him and injuring others murder with multiple attempted murders (People v. Guillen, 47 OG 3433), or when the same shot and bulled which caused the death of A also hit and killed B double homicide. (People v. Pama, 44 OG 3339) Also, the single act of the offender in hacking the Barangay Captain to death, in the performance of his official duties, resulted in a complex crime of homicide with assault upon a person in authority. But when a single act results in (a) a grave felony and a light felony; or (b) a grave or less grave felony and an offense punished by a special law, there is no complex crime. Two independent crimes are committed. Thus, where a firearm was stolen with intent to own and use it, two crimes are committed: (a) Theft and (b) Illegal possession of firearm. (Q6, 1995 Bar) Where the resulting felonies are the result of separate acts no matter how closely related, this results in separate liabilities. Thus, when various victims expire from separate shots, such acts constitute separate and distinct crimes. In this case, where the offender made use of a firearm, the number of acts is now determined by the number of bullets released by the firearm. If 4 bullets are released and 4 persons are killed, it is not a complex crime. However, if 2 or more persons are killed by one bullet, it is a complex crime. In the use of automatic firearm, it is presumed that separate bullets killed separate persons, hence; no complex crime, unless proven otherwise. The rules on complex crimes apply to felonies committed thru negligence. Thus, an accused accidentally discharged his revolver during a dance killing a girl and wounding another homicide with less serious physical injuries through reckless imprudence. (People v. Castro. 40 OG 18) 2. Complex proper (delito complejo) when an offense is committed as a necessary means to commit the other. It is essential that two crimes must be under the same statute. (People v. Araneta, 49 Phil. 650) The phrase necessary means has been interpreted not to mean indispensable means because if it did, then the offense as a necessary means to commit another would be an element of the other crime. It is simply means such an offense is committed to facilitate and insure the commission of the other. (People v. Hernandez, 50 OG 5506)

Necessarily, the first crime must be consummated while the second could be an attempted, frustrated or consummated felony. There is no complex crime if a crime is committed to conceal the other crime. For instance, a victim was killed. To conceal the crime, accused burned the house, where the killing was committed. Two crimes were committed. Homicide and arson. (People v. Bersabal, 48 Phil. 439) The first crime must not be indispensable or be an element of the second crime, otherwise, there is no complex crime. For example, in robbery with force upon things, trespass to dwelling is an element of the other crime. Also, there is no complex crime of estafa thru falsification of private document because the damage as an element of estafa is the same damage as an element of the falsification. (People v. Dizon, 48 OG 168) Do not complexed crimes, as in the latter example, where one crime is only the component of the other crime. Where a policeman forcibly took a 15- year-old girl inside a taxi and afterwards raped her in an isolated place, forcible abduction with rape is committed. (People v. Famador, 113 SCRA 310) Abduction with rape is now considered a complex crime. Where the manifest intention is to kill the victim and the kidnapping is merely incidental to the principal purpose, the crime is only murder. Common crimes like homicide, robbery and the like cannot be complexed with the crime of rebellion. All crimes, whether punishable under a special law, which are components or ingredients, or committed in furtherance thereof, become absorbed in the crime of rebellion and cannot be isolated as separate crimes in themselves. (Enrile v. Amin, 189 SCRA 573)

Continued or continuous crime (delito continuado) is a single crime consisting of a series of acts arising from one criminal resolution or intent, not susceptible of division, carried out in the same place and at about the same time, and is therefore not a complex crime. Each acts, although of a delictual character, merely constitutes a partial execution of a single particular delict. Thus, taking of 6 roosters from one coop belonging to 2 different owners is only one theft because the 2 acts of taking arose from one criminal resolution. (People v. Jaranillo, 55 SCRA [1974]) Also, if the accused ran amok and killed several persons, only one crime is committed because the killings were the result of a single impulse. (People v. Emit, 13477, Jan. 31, 1956) (Q8, 1996 Bar)
This singularity of criminal intent has been applied to prison riot cases where although acts of murder are perpetrated separately or on different occasions.

It was noted that the concept of delito continuado has been applied to crimes penalized under special laws (People v. Sabbum, 10 SCRA 156) since, under Article 10 of the RPC, the Code shall be supplementary to special laws, unless the latter provide the contrary. In Santiago v. Justice Garchitorena, 109266, Dec. 2, 1993, the Court directed the prosecution to consolidate the 32 amended information into one information, charging the petitioner with performing a single criminal act that of her approving the application for legalization of aliens not qualified under the law considering that the criminal acts (1) were in violations of the same law (EO 324 dated April 13, 1988); (2) caused undue injury to one offended party the Government, and (3) done on the same day on or about October 17, 1988.

Continuing crime (transitory) is only intended as a factor in determining the proper venue of jurisdiction pursuant to the Rules of Court. This is so, because a person charged with a transitory offense may be tried in any jurisdiction where the offense is in part committed. (Q4, 1994 Bar)
Where the felony committed is different from that which the offender intended to commit, the following rules shall be observed: 1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its maximum period. 2. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to commit, the penalty for the former shall be imposed in its maximum period. (Art. 49) Article 49 applies only to a case of mistake of identity or error en personae. When the person intending to commit an offense has already performed the acts for the execution of the same but nevertheless the crime was not produced by reason of the fact that the act intended was by its nature one of impossible accomplishment or because the means employed by such person are essentially inadequate to produce the result desired by him, ( impossible crime ) the court, having in mind the social danger and the degree of criminality shown by the offender, shall impose upon him the penalty of arresto mayor or a fine from P 200 to P 500. (Art. 59) Rules for graduating penalties:

1. When the penalty prescribed for the felony is SINGLE and INDIVISIBLE ( death ), the penalty next lower in degree shall be that immediately following that indivisible penalty ( reclusion perpetua ) in the respective graduated scale prescribed in Article 71. 2. TWO INDIVISIBLE penalties, or of ONE OR MORE DIVISIBLE penalties to be imposed to their full extent, the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the respective graduated scale. Illustration: Two indivisible penalties Reclusion perpetua to death (Penalty for Parricide, Art. 248) penalty next lower in degree is reclusion temporal , which follows reclusion perpetua , the lesser of the two penalties. 3. ONE OR TWO INDIVISIBLE penalties and the MAXIMUM period of a DIVISIBLE penalty, the penalty next lower in degree shall be composed of the medium and minimum periods of the proper divisible penalty and the maximum period of that immediately following in said respective graduated scale. Illustration:

Reclusion temporal maximum period to death (Penalty for Murder, Art. 248). penalty next lower in degree is prision mayor maximum to reclusion temporal medium period.
4. SEVERAL periods corresponding to different DIVISIBLE penalties, the penalty next lower in degree shall be composed of the period immediately following the minimum prescribed and of the two next following, which shall be taken from the penalty prescribed, if possible; otherwise from the penalty immediately following in the respective graduated scale. (Art. 61) Illustration:

Prision mayor maximum to reclusion temporal medium period (Penalty for frustrated murder, Art. 248, par. 5) penalty next lower in degree is prision correccional maximum to prision mayor medium.
In lowering the penalty by next lower in degree, aggravating or mitigating circumstances are not considered because Article 61 refers to the penalty prescribed for the felony. After the penalty next lower in degree is determined, aggravating or mitigating circumstances are then considered to determine the proper period of said penalty.

The courts, in applying such lower or higher penalty, shall observe the following graduated scales: (Art. 71) Scale No. 1 1. Death 2. Reclusion perpetua 3. Reclusion temporal 4. Prision mayor 5. Prision correccional 6. Arresto mayor 7. Destierro 8. Arresto menor 9. Public censure 10. Fine Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules: 1. Aggravating circumstances which in (a) themselves constitute a crime specially punishable by law or (b) which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty. In the crime of robbery in an inhabited house, trespass to dwelling cannot be considered to aggravate the crime, for the reason that it is inherent in the crime. 2. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from the private relations with the offended party, or from any other personal cause, shall serve to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant . An example is recidivism, this circumstance will aggravate the crime committed by the person in whom such a circumstance is attendant. Also, if A and B killed C and A acted with passion, such mitigating circumstance will affect him only. Scale No. 2 1. Perpetual absolute disqualification 2. Temporary absolute disqualification 3. Suspension from public officer, the right to vote and be voted for, and the right to follow a profession or calling. 4. Public censure 5. Fine

3. The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein. Example: A cooperated with B in the killing of C who killed the latter with ignominy, such will aggravate not only of B but also that of A, if he has knowledge of it at the time of the execution of the act. 4. Habitual delinquent is a person, if within a period of 10 years from the date of his release or last convictions of the crimes of serious or less serious physical injuries, robo (robbery), hurto (theft), estafa, or falsification, he is found guilty of any said crimes a third time or oftener . Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prision correctional in its medium and maximum periods. Upon 4th conviction additional penalty of prision mayor in its minimum and medium periods. Upon a 5th or additional conviction additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period. However, the total of the 2 penalties to be imposed upon the offender shall in no case exceed 30 years. In charging habitual delinquency, the information must allege: a. The dates of the commission of the previous offenses; b. The date of the last conviction or release. c. The dates of other previous convictions or release. The law does not require that the convictions should take place within a period of 10 years. What the law requires is that each conviction must take place within 10 years from each conviction. The 10-year period is computed from the date of the last conviction or release as the law expressly provides to the date of conviction of the subsequent offense. (People v. Morales, 61 Phil. 222) Habitual delinquency applies to all stages of commission. (People v. Abuyen, 52 Phil. 722) But in imposing the additional penalty, recidivism is not aggravating because such is a qualifying or inherent circumstances in habitual delinquency. (People v. De Jesus, 63 Phil. 760) The imposition of the additional penalty on habitual delinquents is constitutional because such law is neither an ex-post law nor an additional punishment for future crimes. It is simply a punishment

on future crimes the penalty being enhanced on account of the criminal propensities of the accused. (People v. Montera, 55 Phil. 993) 5. When in the commission of the crime, advantage was taken by the offender of his public position, the penalty to be imposed shall be in its maximum regardless of mitigating circumstances .

The maximum penalty shall be imposed if the offense was committed by any person who belongs to an organized/syndicate crime group (a group of two or more persons collaborating, confederating or mutually helping one another for purposes of gain in the commission of any crime) (Art. 62)
Mitigating and aggravating circumstances are not considered in the imposition of penalties: 1. Penalty that is single and indivisible , i.e., death. 2. Felonies thru negligence . In imposing penalties prescribed for offenses committed thru negligence or imprudence, courts shall exercise their sound discretion, without regard to the rules provided in Article 64. (People v. Agito, 54 OG 7393) 3. Penalty is fine . 4. Penalty is prescribed by special law . In all cases in which the law prescribes a SINGLE INDIVISIBLE penalty, it shall be applied by the courts regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed. In all cases in which the law prescribes a penalty composed of 2 INDIVISIBLE penalties, the following rules shall be observed in the application thereof: 1. One aggravating the higher penalty shall be applied. 2. No mitigating nor aggravating lesser penalty. 3. Some mitigating and no aggravating lesser penalty. 4. Both mitigating and aggravating offset one another in consideration of their number and importance. (Art. 63) Illustration: (Q6, 1997 Bar)

A and B pleaded to the crime of parricide. The court found 3 mitigating circumstances, namely, plea of guilty, lack of instruction and lack of intent to commit so grave a wrong as that committed. The prescribed penalty for parricide is reclusion perpetua to death. Impose the proper principal penalty. Answer : The proper penalty is reclusion perpetua. Even if there are 2 or more mitigating circumstances, a court cannot lower the penalty by one degree. (Art. 63[par. 3]) In US v. Relador, 60 Phil. 593, where the crime committed was parricide with 2 mitigating circumstances of illiteracy and lack of intention to commit so grave a wrong, and with no aggravating circumstance, the Supreme Court held that the proper penalty to be imposed is reclusion perpetua. In cases in which the penalties prescribed by law contain 3 periods, whether it be a single DIVISIBLE penalty or composed of 3 different penalties, each one of which forms a period, the courts shall observe for the application of the penalty the following rules, according to whether there are or not mitigating or aggravating circumstances: 1. Neither aggravating nor mitigating they shall impose the penalty prescribed by law in its medium period. 2. One mitigating minimum period. 3. One aggravating - maximum period. 4. Both mitigating and aggravating offset each other according to their relative weight. 5. Two or more mitigating and no aggravating penalty next lower to that prescribed by law, in the period that it may deem applicable, according to the number and nature of such circumstances. 6. Two or more aggravating prescribed by law in its maximum period. (Art. 64) (Q10, 1995 Bar; Q12, 1991 Bar; Q8, 1997 Bar) In cases in which the penalty prescribed by law is not composed of 3 period, the courts shall apply the rules contained in the foregoing articles, dividing into 3 equal portions of time included in the penalty prescribed, and forming one period of each of the 3 portions. (Art. 65) In imposing fines, the courts may fix any amount within the limits established by law; in fixing the amount in each case attention should be given, not only the mitigating or aggravating, but more particularly to the wealth or means of the culprit. (Art. 66)

Whenever it may be necessary to increase or reduce the penalty of fine by one or more degrees, it shall be increased or reduced, respectively, for each degree, by 1/4 of the maximum amount prescribed by law, without however, changing the minimum. (Art. 75) If the law only fixes the maximum, the court cannot impose a fine next higher. Illustration: Fine is from P 200 to P 1,000. Each degree will be equal to 1/4 of P 1,000 or P 250. P 250 added to P 1,000 to determine the fine next higher in degree without changing the minimum of P 200, and will therefore, be P 200 to P 1,250. Fine next lower in degree will be to deduct P 250 from P 1,000 without also changing the minimum which is P 200 to P 750. When the offender is a minor under 18 years, the rules are: 1. Over 9 years of age but less than 15 who acted with discernment penalty lower by 2 degrees than that prescribed by law. 2. Over 15 and under 18 years of age penalty next lower than that prescribed by law, but always in the proper period. (Art. 68) This article treats of two privileged mitigating circumstances . When the culprit has to serve 2 or more penalties, he shall serve them simultaneously if the nature of the penalties will so permit (like penalties of disqualification may be served simultaneously with imprisonment): if not, the order of their respective severity shall be followed so that they may be executed successively. However, the maximum duration of the convicts sentence shall not be more than three- fold the length of time corresponding to the most severe of the penalties imposed upon him. ( Three-fold Rule ) Such maximum period shall in no case exceed 40 years. The duration of perpetual penalties is 30 years. (See Art. 70) The phrase most severe v. Director, 85 Phil. 737) 3 months and 11 days in months and 11 days or 9 penalty includes equal penalties. (Aspra If in 6 estafas, accused was sentenced to each case and he should serve 3 times 3 months and 33 days.

Where the accused was convicted of double murder and sentenced to 2 reclusion perpetua, the 40 years limit shall be observed. (People v. Odencio, 88 SCRA 1) Material accumulation system is where all the penalties for the crimes committed are imposed even if they total beyond the natural span of human life. The juridical accumulation system refers to the three- fold rule.

Multiple death penalties are not impossible to serve because they will have to be executed simultaneously. The sentencing of an accused to several capital penalties is an indelible badge of his extreme criminal perversity, which may not be accurately projected by the imposition of only one death sentence. Granting, however, that the President deems it proper to commute the multiple death penalties to multiple life imprisonments, then the practical effect is that the convict has to serve the maximum 40 years of multiple life sentences. In only one death penalty is imposed, and then is commuted to life imprisonment, the convict will have to serve a maximum of only 30 years corresponding to a single life sentence. (People v. Jose, 37 SCRA 450)

Complex penalty is a penalty prescribed by law composed of 3 distinct penalties each forming a period, the lightest of which shall be the minimum, the next shall be the medium, and the most severe, the maximum. (Art. 77)
The factors to consider to arrive at the correct penalty: 1. Determine the crime committed. 2. Stage of execution and degree of participation. 3. Determine the penalty. 4. Consider the modifying circumstances. 5. Determine whether or not Indeterminate Sentence Law is applicable. (Q11, 1991 Bar) Execution and Service of Penalties No penalty shall be executed except by virtue of a final judgment. A penalty shall not be executed in any other form than that prescribed by law. (See Art. 78) When a convict shall become insane or an imbecile after final sentence has been pronounced, the execution of said sentence shall be suspended only with regard to the personal penalty. The insane or imbecile convict shall be ordered confined in the hospital for treatment and the convict shall not be permitted to leave such hospital without authority from the court. If the convict recovers from his illness, he shall commence serving his sentence. (See Art. 79)

Youth Offender is a child, minor or youth, including one who is emancipated in accordance with law, who is over 9 years but under 18 years of age at the time of the commission of the offense.

In youthful offender , instead of pronouncing judgment of conviction, the court shall suspend all further proceedings and shall commit such minor to the custody or care of the DSWD, or any training institution operated by the government, or duly licensed agencies or any other responsible person, until he shall have reached 21 years of age, or for a shorter period as the court may deem proper. (Art. 192, PD 603, Child and Youth Welfare Code) The application of Art. 192 is not automatic; the minor must apply to the court for the benefit of suspension of judgment. The benefits of this article shall not apply to a youthful offender who: 1. Has once enjoyed suspension of sentence. 2. One who is convicted of an offense punishable by death or life imprisonment. (Q7, 1995 Bar) 3. One who is convicted for an offense by the Military Tribunals. (Art. 192 of PD 603) When ever the youthful offender has been found incorrigible or has willfully failed to comply with the conditions of his rehabilitation programs, or should his continued stay in the training institution be inadvisable, he shall be returned to the committing court for the promulgation of judgment. (Art. 197, PD 603, as amended) When the youthful offender has reached the age of 21 while in the commitment, the court shall determine whether to dismiss the case or to pronounce the judgment of conviction. 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. (Art. 197 of PD 603) A child 9 years of age or under at the time of the commission of the offense shall be exempted 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. (Art. 189, PD 603, as amended) A minor 14 years old at the time of the commission of the crime but 23 years old when the case was decided by the Supreme Court on appeal is not entitled to a suspended sentence under PD 603. He is, however, entitled under Article 68 of the RPC to a two-

degree reduction of the penalty. (People v. Hermosilla, 122 SCRA 905) EXTINCTION OF CRIMINAL LIABILITY Total Extinction of Criminal Liability Criminal liability is totally extinguished: 1. Death of the convict , as to the personal penalties; and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment. Death of the accused pending appeal of his conviction or before judgment become executory, extinguishes his criminal liability as well as the civil liability based solely thereon. Corrollarily, the claim for civil liability survives notwithstanding the death of the accused, if the same may also be predicated on a source of obligation other than delict. Article 1157 of the Civil Code enumerates the other sources of obligation as law, contracts, quasi-contracts and quasi-delicts. An action for recovery of such civil liability may be pursued but only by way of filing a separate civil action and subject to Rule 111 of the Rules of Court. This separate civil action may be enforced either: a. Against the executor/administrator if for damages resulting from injury to persons or property pursuant to Section 1, Rule 87 of the Rules of Court. b. Against the estate of the accused if for contractual money claims under Section 5, Rule 86 of the Rules of Court. (People v. Bayotas, 102007, Sept. 20, 1994) (Q1, 1992 Bar; Q5, 1990 Bar) Death of the offended party in a criminal action does not extinguish the criminal liability of the accused. (People v. Bundalian, 117 SCRA 718) 2. Service of the sentence. 3. Amnesty It is an act of the sovereign power granting oblivion or a general pardon for a past offense and is usually exercised in behalf of a certain class of persons, who are subject to trial but have not yet convicted. (Brown v Walker, 161 US 602) An amnesty extinguishes the criminal liability and not merely the penalty but also its effects. But the civil liability is not extinguished.

4. Absolute pardon Pardon is an act of grace proceeding from the power entrusted with the excecution of the laws which exempts the individual on whom it is bestowed form the punishment the law inflicts for the crime he has committed. 5. Prescription of the crime. It is the forfeiture or loss of the right of the State to prosecute the offender after the lapse of a certain time fixed by law, viz: a. Death, reclusion perpetua or reclusion temporal - 20 years b. Other afflictive penalties (prision mayor) 15 years c. Correctional penalty 10 years d. Arresto mayor 5 years (Q13, 1994 Bar) e. Libel or other similar offenses 1 year f. Oral defamation and slander by deed 6 months g. Light offenses (arresto menor) 2 months When the penalty fixed by law is a compound one, the highest penalty shall be made the basis. (As amended by RA 4661, June 19, 1966) If the last day of the prescriptive period falls on a Sunday or legal holiday, the fiscal cannot file the information on the next following working days as it would tantamount to extending the prescriptive period fixed by law. (Yapdiangco v. Buencamino, 122 SCRA 713) The period of prescription shall commence to run from the day on which the crime is discovered (applies oftenly to act done clandestinely, i.e., bigamy) by the offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him. The term of prescription shall not run when the offender is absent from the Philippine Archipelago. (Art. 91) In the latter case, however, the offenders trips abroad which were brief and in every case, she returned to the Philippines, do not constitute the absence contemplated in the Article. The

aggregate number of days of those trips are not to be considered. (Garcia v. CA, Jan. 27, 1997) The principle of constructive notice (such as registration of the second marriage in the civil registry) which ordinarily applies to land or property disputes should not be applied to the crime of bigamy, as marriage is not property. (Sermonia v. CA, 233 SCRA 155) (Q2, 1995 Bar) However, in property disputes, the party is considered to have constructive notice on the forgery after the Deed of Sale where his signature had been falsified was registered in the Office of the Register of Deeds. (Cabral v. Puno, 70 SCRA 606) Registration in a public registry is a notice to the whole world. The record is constructive notice of what it contains and so all persons, including the offended party, are charged with knowledge thereof. The offended party has constructive notice of the alleged forgery after the document was registered with the Registry of Deeds. (People v. Reyes, 175 SCRA) (Q1, 1993 Bar) The accused cannot be convicted of the offense of simple slander although it is necessary included in the offense of grave slander charged in the information, because the lesser offense had already prescribed at the time the information was filed. (Magat v. People, 201 SCRA 21) Otherwise, prosecutors can easily circumvent the rule of prescription in light offenses by the simple expedient of filing a graver offense which included a light offense. (Q12, 1997 Bar) 6. Prescription of the penalty. It is the loss or forfeiture of the right of the government to execute the final sentence after the lapse of a certain time fixed by law, viz: a. Death and reclusion perpetua 20 years b. Other afflictive penalties 15 years c. Correctional penalties 10 years d. Arresto mayor - 5 years e. Light penalties 1 year The period of prescription of penalties shall commence to run from the date the culprit should evade the service of his sentence, and it shall be interrupted if the defendant should: a. Give himself up . b. Be captured .

c. Go to some foreign country with which the government has no extradition treaty. d. Commit another crime before the expiration of the period of prescription . (Art. 93) e. Acceptance of conditional pardon . By acceptance of the pardon he eluded the service of the penalty, in the same manner that a convict who goes to a foreign country with which the government has no extradition treaty. (People v. Puntillas, G.R. 45269, June 15, 1938) Prescription of the penalty presupposes that the culprit has been sentenced by final judgment and evades the service of the penalty. 7. Marriage of the offended woman , as provided in Art. 344. (Art. 89) Marriage of the offender with the offended party refers to private offenses only and must be contracted in good faith. (People v. Santiago, 51 Phil. 68) Partial Extinction of Criminal Liability Criminal liability is extinguished partially: 1. Conditional pardon It is in the nature of a contract, the conditions of which the convict, upon acceptance, must not violate. Otherwise, the offender is rearrested and re-incarcerated by order of the President. 2. Commutation of the sentence It is the change in the sentence of the court made by the President which consists in reducing the penalty imposed upon of the offender. The commutation of the original sentence for another of a different length and nature shall have the effect of substituting the latter on the place of the former. (Art. 96) 3. Good conduct allowances which the culprit may earn while he is serving his sentence. The good conduct of any prisoner in any penal institution shall entitle him to the following deduction from the period of his sentence: a. First 2 years of imprisonment a deduction of 5 days for each month of good behavior.

b. 3rd to 5th year 8 days for each month of good behavior. c. Following years to 10th year 10 days for each month of good behavior. d. 11th and successive year 15 days for each month of good behavior. (Art. 97) A deduction of 1/5 of the period of his sentence shall be granted to any prisoner who, having evaded the service of his sentence, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe. (Art. 98) Whenever lawfully justified, the Director of Prisons shall grant allowances for good conduct. Such allowances once granted shall not be revoked. (Art. 99) 4. Parole under the Indeterminate Sentence Law. (See Indeterminate Sentence Law) Parole consists in the suspension of the sentence of a convict after serving the minimum of the sentence imposed without granting a pardon, prescribing the terms upon which the sentence shall be suspended. 5. Probation. (See Probation) CIVIL LIABILITY Persons Civilly Liable for Felonies Every person criminally liable for a felony is also civilly liable. (Art. 100) The civil liability arises from the commission of the felony. When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action unless the offended party: 1. Waives the civil action. 2. Reserves the right to institute it separately . The reservation of the right to institute separately the civil action shall be made before the prosecution starts presenting its evidence. (Sec. 1, Rule 111) In the cases provided in Articles 32, 33, 34 and 2176 of the Civil Code, the independent civil action may be brought by the offended party. It shall proceed independently

of the criminal action and shall require only a preponderance of evidence. In no case, however, may the offended party recover damages twice for the same act or omission charged in the criminal action. (Sec. 3, Rule 111) 3. Institutes the civil action prior to the criminal action. (Sec. 1, Rule 111, 2000 Rules of Criminal Procedure) If the criminal action is filed after the said civil action has already been instituted, latter shall be suspended in whatever stage it may be found before judgment on the merits. The suspension shall last until final judgment is rendered in the criminal action. Nevertheless, before judgment on the merits is rendered in the civil action, the same may, upon motion of the offended party, be consolidated with the criminal action in the court trying the criminal action. The consolidated criminal and civil actions shall be tried and decided jointly. The extinction of the penal action does not carry with it extinction of the civil action. However, the civil action based on delict shall be deemed extinguished if there is a finding in a final judgment in the criminal action that the act or omission from which civil liability may arise did not exist. (Sec. 2, Rule 111) After the criminal action has been commenced, the separate civil action arising therefrom cannot be instituted until final judgment has been entered in the criminal action, except in independent civil action. (See Sec. 2, Rule 111) As a rule, if the offender is acquitted, the civil liability is extinguished, except: 1. If the acquittal is on the ground that the guilt has not been proven beyond reasonable doubt. 2. The acquittal was due to an exempting circumstance like insanity . The civil liability for acts committed by an imbecile or insane person, and by a person under 9 years of age, or by one over 9 but under 15 years of age, who acted without discernment, shall devolve upon those having such person under their legal authority or control, unless it appears that there was no fault or negligence in their part. (See Art. 101) The civil liability of the parents for the felonies committed by their minor children under their legal authority or control, or who live in their company is primary not subsidiary and thus subject to the defense of lack of fault or negligence on their part, i.e., the

exercise of the diligence of a good father of a family. (Libi v. IAC, 70890, Sept. 18, 1992) 3. When the court finds and states in its judgment that there is only civil responsibility . The acquittal of the accused in the criminal case does not extinguished his liability for quasi-delict. (Elcano v. Hill, 24803, May 26, 1977) In the absence of any reservation to institute a separate civil action for damages arising from the commission of the offense charged, the injured party may avail himself of the auxiliary remedy of attachment, since under the law when a criminal action is instituted the civil action is presumed to have been instituted jointly with the criminal action. (Rule 127, Rules of Court) Subsidiary civil liability of the following: 1. In default of the persons criminally liable, INNKEEPERS, TAVERN- KEEPERS, and any OTHER PERSONS or CORPORATIONS shall be civilly liable for crimes committed in their establishments, in all cases were a violation of municipal ordinances or some general or special police regulations shall have been committed by them or their employees. 2. INNKEEPERS are also subsidiarily liable for the restitution of goods taken by robbery or theft within their houses from guests lodging therein, or for payment of the value thereof, provided that such guests shall have notified in advance the innkeeper himself, or the person representing him, of the deposit of such goods within the inn, and shall furthermore have followed the direction which such innkeeper or his representative may have given them with respect to the care of and vigilance over such goods. No liability shall attach in case of robbery with violence or intimidation of persons unless committed by the innkeepers employees. (Art. 102) 3. EMPLOYERS, TEACHERS, PERSONS, and CORPORATIONS engaged in any kind of industry , for felonies committed by their servants, pupils, workmen, apprentices or employees in the discharge of their duties. (Art. 103) In the above case, the employee is insolvent and has not satisfied the civil liability. When a person is subsidiarily liable, the defense that he acted with the diligence of a good father of a family in choosing his employee is not available. (Arambulo v. Meralco, 55 Phil. 115) The right to enforce the civil liability under Article 103 is necessarily predicated upon the existence of employer- employee

relationship. (Clarianes v. Sabinosa, 15817, Dec. 12, 1958) Industry means an enterprise for gain or profit. The conviction of the employee primarily liable is a condition sine qua non for the employers subsidiary liability. (Franco v. IAC, 178 SCRA 331) What Civil Liability Includes It includes the following: 1. Restitution is the return of the thing itself to the offended party, even though it be found in the possession of a third party who has acquired it by lawful means, saving to the latter his action against the proper person who may be liable to him; except, in cases, when the things was acquired by the third person in the manner and under circumstances that, by law, bar any action for recovery, such as when the thing was acquired in a public auction. (Art. 105) Restitution should not be ordered without a judgment of conviction in the criminal case. The dismissal of the case at the instance of the offended party carries with it the dismissal of the civil aspect accompanying the filing of the criminal case. What the complainant should do is to file an entire new civil action to recover the properties she lost. (Munsayac v. Villasor, 44555, May 14, 1990) 2. Reparation of damage caused , in case of inability of the above, he must pay the value of the article, taking into consideration the price, if possible, and its special sentimental value to the injured party. (Art. 106) 3. Indemnification for consequential damages include not only those caused the injured party, but also those suffered by his family or by a third person by reason of the crime. (Art. 107) The items of damages to be awarded in case of death arising from crime are: a. Indemnity for the death of the victim . Civil indemnity for the felonious destruction of human life, whether intentional or accidental, is P 50,000. (Per SC Resolution adopted on Aug. 30, 1990) b. Indemnity for loss of earning capacity of the deceased . c. Moral damages and/or exemplary damages .

d. Attorneys fees and expenses of litigation . e. Interest , in proper cases. (Brinas v. People, 125 SCRA 687) Where the crime committed is not against property, no restitution nor reparation of the thing damaged can be done, although the offended party is entitled to indemnification under Article 107 which includes all consequential damages such as actual damages, attorneys fees and moral damages. (De las Penas v. Royal Bus Co., 23115, Dec. 7, 1959) Civil liability of persons guilty of rape, seduction, or abduction includes, inter alia, the acknowledgment of the child born as a consequence of the crime. (Art. 345, RPC) The acknowledgment required of the accused should be understood to be acknowledgment merely of the filiation of the child. (People v. Rafanan, 182 SCRA 811) The obligation to make restoration or reparation for damages and indemnification for consequential damages devolves upon the heirs of the person liable. The action to demand restoration, reparation, and indemnification likewise descends to the heirs of the person injured. (Art. 108) The principals, accomplices, and accessories, each within their respective class, shall be liable severally ( in solidum ) among themselves for their quotas, and subsidiarily for those of the other persons liable. The subsidiary liability shall be enforced, first against the property of the principals; next, against that of the accomplices, and lastly against that of the accessories. Whenever the liability in solidum or the subsidiary liability has been enforced, the person by whom payment has been made shall have a right of action against the others for the amount of their respective shares. (Art. 110) The civil liability herein established shall be extinguished in the same manner as obligations, in accordance with the provisions of the Civil Law. (Art. 112) The causes under the Civil Code are: (1) payment or performance, (2) loss of the thing due, (3) remission, (4) merger, (5) compensation, and (6) novation. (Art. 1161) The offender shall remain obliged to satisfy his civil liability, even if the offender has served his sentence or was not made to serve his sentence by reason of pardon, amnesty or any other reason. (Art. 113)