27968256 Criminal Law Reviewer Art 1 113

8/8/2019 27968256 Criminal Law Reviewer Art 1 113

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Criminal Law Reviewer (Art. 1-113)

Criminal Law is that branch of public substantive law whichdefines offenses and prescribes their penalties. It is also thatbranch of municipal law, which defines crimes, treats of theirnature and provides for their punishment.

3 Characteristics of Criminal Law:

1) Generality - means that the criminal law of thecountry governs all persons within the countryregardless of their race, belief, sex, or creed.However, it is subject to certain exceptions broughtabout by international agreement. Ambassadors,chiefs of states and other diplomatic officials areimmune from the application of penal laws whenthey are in the country where they are assigned.(Hindi kasama dito ang diplomats, etc.)

2) Territoriality - means that the penal laws of thecountry have force and effect only within itsterritory. It cannot penalize crimes committedoutside the same. This is subject to certainexceptions brought about by internationalagreements and practice. The territory of the

country is not limited to the land where itssovereignty resides but includes also its maritimeand interior waters as well as its atmosphere.(kasama lahat dito!)

- Terrestrial: jurisdiction exercised over theland

- Fluvial: jurisdiction over maritime andinterior waters (3-5 nautical miles from theshore, sakop pa rin natin)

- Aerial: jurisdiction over the atmosphere(airspace natin)

3) Prospectivity - Acts or omissions will only be subjectto a penal law if they are committed after a penallaw had already taken effect. Vice-versa, this act oromission which has been committed before theeffectivity of a penal law could not be penalized bysuch penal law because penal laws operate onlyprospectively.

French RuleThe French Rule provides that the nationality of the vesselfollows the flag which the vessel flies, unless the crimecommitted endangers the national security of a foreigncountry where the vessel is within jurisdiction in which casesuch foreign country will never lose jurisdiction over suchvessel.

American Rule / Anglo-Saxon Rule

This rule strictly enforces the territoriality of criminal law.The law of the foreign country where a foreign vessel iswithin its jurisdiction is strictly applied, except if the crimeaffects only the internal management of the vessel in whichcase it is subject to the penal law of the country where it isregistered.

Nullum crimen, nulla poena sine lege There is no crimewhen there is no law punishing the same.

- This is true to civil law countries, but not tocommon law countries.

- No matter how wrongful, evil or bad the actis, if there is no law defining the act, thesame is not considered a crime.

- Common law crimes are wrongful actswhich the community/society condemns ascontemptible, even though there is no lawdeclaring the act criminal.

- Not any law punishing an act or omissionmay be valid as a criminal law. If the lawpunishing an act is ambiguous, it is null andvoid.

Actus non facit reum, nisi mens sit rea The act cannotbe criminal where the mind is not criminal.

- This is true to a felony characterized bydolo, but not a felony resulting from culpa.

- This maxim is not an absolute one becauseit is not applied to culpable felonies, orthose that result from negligence.

Mens Rea in laymans terms: bulls-eye of a crime.Synonymous with criminal or deliberate intent, but that is notcorrect. It still depends on the elements of the crime. Youcan only detect the mens rea of a crime by knowing theparticular crime committed. Without reference to aparticular crime, this term is meaningless.Ex. In theft, mens rea is taking the property with intent togain. In falsification, mens rea, is the effect of the forgerywith intent to pervert the truth.

Mala in se:- Which literally means, that the act is

inherently evil or bad or per se wrongful.- These are punishable by our RPC.- The intent is crucial.

Mala prohibita(um):- These are violations of special laws.- Example is possession of drugs (punishable

by Special Laws), ito yung kahit hindi mogagamitin or ibebenta, the mere fact nanasa pagmamay-ari mo ito, bawal pa rin!

Felony: these are acts or omissions as defined by Article 3 of the RPC. They may be differentiated by dolo (deceit) which isintentional, and culpa (fault) which is imprudence,negligence, lack of skill or foresight.

Offense: are crimes punished under a special law is called asstatutory offense.

Misdemeanor: a minor infraction of the law, such as aviolation of an ordinance, is referred to as a misdemeanor.

Crime: whether the wrongdoing is punished under theRevised Penal Code or under a special law, the generic wordcrime can be used.

Mistake of Fact:When the offender acted out of a mistake of fact, criminalintent is negated, so do not presume that the act was donewith criminal intent. This is absolutory if crime involveddolo.

Dolo has three requisites:

1) Criminal Intent2) Freedom of action

3) IntelligenceCulpa has three requisites as well:

1) criminal negligence on the part of the offender ,that is, the crime was the result of negligence,reckless imprudence, lack of foresight or lack of skill;

2) freedom of action on the part of the offender, thatis, he was not acting under duress; and

3) Intelligence on the part of the offender inperforming the negligent act.

Distinction between Dolo and Culpa :Dolo , has criminal intent , and culpa has criminal

negligence .

Criminal Intent has 2 categories:1) General Criminal Intent : presumed from the mere

doing of a wrong act. This does not require proof.2) Special Criminal Intent : not presumed because it is

an ingredient or element of a crime, like intent tokill in the crimes of attempted or frustratedhomicide /parricide /murder. The prosecution hasthe burden of proving the same.


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May a crime be committed without criminal intent?Yes. It is not necessary between these areas:

1) When the crime was committed was a product of culpa or negligence, reckless imprudence, lack of foresight or skill;

2) When the crime is a prohibited act under a speciallaw or what is called mala prohibita(um)

Distinction between intent and discernment :Intent is the determination to do a certain thing, an aim orpurpose of the mind. On the other hand, discernment is themental capacity to tell right from wrong.

Distinction between intent and motive:Intent is demonstrated by the use of a particular means tobring about a desired result it is not a state of mind or areason for committing a crime. On the other hand, motiveimplies motion. It is the moving power which impels one todo an act.

Distinction between negligence and imprudence:(1) In negligence, there is deficiency of action;

(2) In imprudence, there is deficiency of perception.

Criminal Liability:This shall be incurred upon the person on the act of a crime(gumawa ng krimen), whether:

Error in personae mistake in identity (wrong person) Ex. Awanted to kill B, but kill C instead, this is considered asmistake in identity.Abberatio ictus mistake in blow (wrong shot; bullet wentthe other way etc.) Ex. A shot B, but instead, the bulletricocheted (bounced off) from the wall and hit C. (bestexample from CSI: Las Vegas where a guy in avoiding anincoming blow and someone got hit instead and that fellowdied of injuries to the head hours later.)Praeter intentionem where the consequence exceeded theintention. Ex. A dropped a pail of water on Bs head, hisintention was just a joke and getting B wet. But instead of getting wet, B died due to hemorrhage to the skull sufferedfrom the injuries. (another best example in CSI: New York,where a sorority member inserted a canister on an inhaler of a sister sorority to set the mood (the said canister was saidto heighten sexual appetite) not knowing of her previouscondition (which was asthma) which collided and thus killingher instead of setting mood, she died of orgasm.)

Proximate cause:Article 4, Paragraph 1, presupposes that the act done was aproximate cause. It must be:

1) Direct2) Natural3) Logical consequence of the felonious act

Impossible Crime:Is an act which would be an offense against person orproperty were it not for the inherent impossibility of itsaccomplishment or on account of the employment of inadequate or ineffectual means.Ex. A houseboy on the intention of raping his beautiful masterwent upstairs unlocked the door and proceeded to rape herwithout knowing that she was dead to begin with. Animpossible crime was committed.

Article 4, Paragraph 1 this refers to the wrongful act doneconstituted a felony, although it might be different from

what he intended. Ex. In saving Ds life from imminent dangerof being hit by an oncoming truck, A yanked him out and sethim aside. Not realizing that there were snakes or spikeswhere he shoved him thus resulting in his death.Article 4, Paragraph 2 this refers to a situation where thewrongful act did not constitute any felony, but because theact would have given rise to a crime against persons oragainst property, the same is penalized to repress criminaltendencies to curtail their frequency.

Article 5 of the RPC covers two (2) instances:

1) The court cannot convict the accused because theacts do not constitute a crime. The properjudgment is acquittal, but the court is mandated toreport to the Chief Executive that said act be madesubject of penal legislation and why. Ex. There is nocrime committed, thus resulting in the personsfreedom/acquittal. (best example from CSI: Miami,when a guy was convicted of shooting a man, butsince there was no GSR (gunshot residue) found onhim, evidence showed otherwise, thus acquittinghim.)

2) Where the court finds the penalty prescribed for thecrime too harsh considering the conditionssurrounding the commission of the crime, the judgeshould impose the law. The most that he could do isto recommend to the Chief Executive to grantexecutive clemency. Ex. In the case of complexcrimes, although the punishment be given be thehighest level of punishment, they recommend to thePresident that the prisoner be granted pardon orclemency (best example when Michael Scofieldsbrother Linc was pardoned by the President)

Stages in committing a felony:As emphasized on Article 6, the following are the stages:

1) Attempted the crime was commenced first, butonly injuries were sustained.2) Frustrated the crime that happened was in progress

to 75% of the event, believing that the victim wasalready dead, the killer fled the scene not knowingthat the victim still had a pulse and survived becausethe victim was brought to the hospital where he wassaved.

3) Consummated total death for the victim killed ormurdered.

Note that there is no frustrated rape onlyconsummated, no matter how the penetrationhappened, it was still consummated.

There is no frustrated robbery, only desistance,meaning the person about to rob the store wasovercome by guilt and changed his mind later.

There is no frustrated or attempted oral defamation,it is always in the consummated stage.

Formal Crimes are crimes which are consummated in oneinstance.

The difference between attempted and frustrated stage lieson whether the offender has performed all the acts orexecution for the accomplishment of the crime.

Literally, under the article 6, if the offender has performedall the acts of execution which should produce the felony as a

consequence but the felony was not realized, then the crimeis already in the frustrated stage. If the offender has not yetperformed all the acts of execution there is yet somethingto be performed but he was not able to perform all the actsof execution due to some cause or accident other than hisown spontaneous desistance, then you have an attemptedfelony.

Desistance:On the part of the offender negates criminal liability in theattempted stage. Desistance is true only in the attemptedstage of the felony. If under the definition of the felony, theact done is already in the frustrated stage, no amount of desistance will negate criminal liability.

Whether the felony is attempted, frustrated orconsummated, here are the following criteria involved:

1) The manner of committing the crime;2) The elements of the crime; and3) The nature of the crime itself

Manner of committing a crimeEx. Bribery. Can the crime of frustrated bribery becommitted? No.


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It usually takes 2 to tango. Meaning there is a principal andan accomplice. And 2 people to take part in the crime. Asmentioned earlier there is no such thing as frustrated rape. Inrape, it requires the connection of the offender and theoffended party. No penetration at all, there is only anattempted stage. Slightest penetration or slightestconnection, consummated. You will notice this from thenature of the crime requiring two participants.

On physical injuriesIn order that in law, a deformity can be said to exist, threefactors must concur:

(1) The injury should bring about the ugliness;

(2) The ugliness must be visible;

(3) The ugliness would not disappearthrough natural healing process.

Elements of a crime:1) Element of intent to damage2) The damage inflicted3) Intent to gain

Nature of crime:1) Grave2) Light

Conspiracy and proposal to commit felonFor conspiracy to exist:

1) There is an agreement2) The participants acted in concert or simultaneously

which is indicative of a meeting of the mindstowards a common criminal goal or criminalobjective. When several offenders act in asynchronized, coordinated manner, the fact thattheir acts complimented each other is indicative of the meeting of the minds. There is an impliedagreement.

Two (2) kinds of conspiracy:1) Conspiracy as a crime more of national security

(like coup detat)2) Conspiracy as a manner of incurring criminal liability

following an attack, the 2 offenders conspired toget back at the person who attacked them thusresulting in his death.

Proposal to commit murder is not a crime. But if B acceptsthe proposal, there will be conspiracy to commit murderwhich is a crime under the Revised Penal Code.

When the conspiracy is only a basis of incurring criminalliability, there must be an overt act done before the co-conspirators become criminally liable. When the conspiracyitself is a crime, this cannot be inferred or deduced becausethere is no overt act. All that there is the agreement. Onthe other hand, if the co-conspirator or any of them wouldexecute an overt act, the crime would no longer be theconspiracy but the overt act itself.

Composite crimes are crimes which, in substance, consistof more than one crime but in the eyes of the law, there isonly one crime. Ex. Crimes with robbery with rape, robberywith homicide, robbery with physical injuries.

Complex crimes are crimes which in sum, consist of a

mixture of two crimes, but the penalty that will be imposedshall be the one with the graver offense.

Classifications of felonies:

1) According to the manner of their commission. UnderArticle 3, they are classified as, intentional feloniesor those committed with deliberate intent; andculpable felonies or those resulting from negligence,reckless imprudence, lack of foresight or lack of skill.

2) According to the stages of their execution. UnderArticle 6., felonies are classified as attempted felonywhen the offender commences the commission of afelony directly by overt acts, and does not performall the acts of execution which should produce thefelony by reason of some cause or accident otherthan his own spontaneous desistance; frustratedfelony when the offender commences thecommission of a felony as a consequence but whichwould produce the felony as a consequence butwhich nevertheless do not produce the felony byreason of causes independent of the perpetrator;and, consummated felony when all the elementsnecessary for its execution are present.

3) According to their gravity. Under Article 9, feloniesare classified as grave felonies or those to whichattaches the capital punishment or penalties whichin any of their periods are afflictive; less gravefelonies or those to which the law punishes withpenalties which in their maximum period wascorreccional; and light felonies or those infractionsof law for the commission of which the penalty isarresto menor.

There are five (5) circumstances affecting criminal liability:

1) Justifying circumstances2) Exempting circumstances3) Mitigating Circumstances4) Aggravating Circumstances5) Alternative Circumstances

There are 2 others found elsewhere in the provision of theRPC:

1) Absolutory cause2) Extenuating circumstances

Absolutory cause: The effect of this is to absolve the offenderfrom criminal liability, although not from civil liability. It hasthe same effect as an exempting circumstance, but you donot call it as such in order not to confuse it with thecircumstances under Article 12. It has the effect of anexempting circumstance and they are predicated on lack of voluntariness like instigation. Instigation is associated withcriminal intent.

Difference between instigation and entrapmentIn instigation, the criminal plan or design exists in the mindof the law enforcer with whom the person instigatedcooperated so it is said that the person instigated is actingonly as a mere instrument or tool of the law enforcer in theperformance of his duties.

On the other hand, in entrapment, a criminal design isalready in the mind of the person entrapped. It did notemanate from the mind of the law enforcer entrapping him.Entrapment involves only ways and means which are laiddown or resorted to facilitate the apprehension of theculprit.

Extenuating circumstanceThe effect of this is to mitigate the criminal liability of theoffender. In other words, this has the same effect asmitigating circumstances, only you do not call it mitigatingbecause this is not found in Article 13.

Distinction between Justifying and Exempting Circumstances:

Justifying Circumstances:

1) The circumstance affects the act, not the actor;2) The act complained of is considered to have beendone within the bounds of law; hence, it islegitimate and lawful in the eyes of the law;

3) Since the act is considered lawful, there is no crime,and because there is no crime, there is no criminal;

4) Since there is no crime or criminal, there is nocriminal liability as well as civil liability

Exempting Circumstances:1) The circumstances affect the actor, not the act;


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2) The act complained of is actually wrongful, but theactor acted without voluntariness. He is a mere toolor instrument of the crime;

3) Since the act complained of is actually wrongful,there is a crime. But because the actor actedwithout voluntariness, there is absence of dolo orculpa. There is no criminal;

4) Since there is a crime committed but there is nocriminal, there is civil liability for the wrong done.But there is no criminal liability. However, inparagraphs 4 and 7 of Article 12, there is neithercriminal nor civil liability.

Justifying Circumstances:Since the justifying circumstances are in the nature of defensive acts, there must be always unlawful aggression.The reasonableness of the means employed depends on thegravity of the aggression. If the unlawful aggressor waskilled, this can only be justified if it was done to save the lifeof the person defending or the person being defended. Theequation is life was taken to save life.

Self defense:It is the element of unlawful aggression that is in issue.Never confuse unlawful aggression with provocation. Mere

provocation is not enough.Defense of property rightsThis can only be invoked if the life and limb of the personmaking the defense is also the subject of unlawful aggression.Life cannot be equal to property.

Defense of strangerIf the person being defended is already a second cousin, youdo not invoke defense of relative anymore. It will be defenseof stranger. This is vital because if the person making thedefense acted out or revenge, resentment or some evilmotive in killing the aggressor, he cannot invoke thejustifying circumstance if the relative defended is already astranger in the eyes of the law. On the other hand, if therelative defended is still within the coverage of defense of relative, even though he acted out of some evil motive, itwould still apply. It is enough that there was unlawfulaggression against the relative defended, and that the persondefending did not contribute to the unlawful aggression.

Incomplete self-defense or incomplete justifyingcircumstance or incomplete exempting circumstancesWhen you say incomplete justifying circumstance, it meansthat not all the requisites to justify the act are present or notthe requisites to exempt from criminal liability are present.

First, to have incomplete self-defense, the offended partymust be guilty of unlawful aggression. Without this, therecan be no incomplete self-defense, defense of relative, ordefense of stranger.

Second, if only the element of unlawful aggression is present,the other requisites being absent, the offender shall be givenonly the benefit of an ordinary mitigating circumstance.

Third, if aside from the element of unlawful aggressionanother requisite, but not all, are present, the offender shallbe given the benefit of a privileged mitigating circumstance.In such a case, the imposable penalty shall be reduced by oneor two degrees depending upon how the court regards theimportance of the requisites present. Or absent.

State of necessity this is the commission of a crime to avoidan imminent and clear present danger.

Fulfillment of duty this is the commission of the crime inline of duty, and there are 2 conditions:

1) The felony was committed while the offender was inthe fulfillment of a duty or in the lawful exercise of a right or office; and

2) The resulting felony is the unavoidable consequenceof the due fulfillment of the duty or the lawfulexercise of the right or office

Exempting Circumstances:

The reason for the exemption lies on the involuntariness of the act one or some of the ingredients of voluntariness suchas criminal intent, intelligence, or freedom of action on thepart of the offender is missing.

This includes:1) Imbecility and insanity take note on the grounds of

insanity the accused acted with completedeprivation of intelligence in committing the crimeand test of volition, whether the accused acted intotal deprivation of freedom of will.

2) Minority

Damnum absque injuria the offender is exempt fromcriminal liability but of civil liability as well.

Mitigating Circumstances:These are accompanying or accessory condition, event, orfact that (though not constituting a justification or excuse of an offense) may be considered by the courts as reducing thedegree of culpability or liability of the accused. Suchcircumstances may include family or personal situations, andmay help in attracting a sentence less severe than a typicalsentence for similar offenses.There are two distinctions: ordinary and privileged.

1) As to the nature of the circumstances, ordinarymitigating circumstance can be offset by aggravatingcircumstances, while privileged can never be offset.

2) As to effect, ordinary, if not offset will operate toreduce the penalty to a minimum period, providedthe penalty is a divisible one (negotiable. Meaning if you hear the words of an officer Man 1, but becauseof the offenders confession and divulging of othervital information, Man 1 with reduced sentence of upto 5 years with probation). With privileged, itoperates to reduce the penalty by one or twodegree, depending on what the law provides.

Sufficient threat or provocation:This is mitigating only if the crime was committed on the veryperson who made the threat or provocation. The commonset-up given in a bar problem is that of provocation was givenby somebody. The person provoked cannot retaliate againsthim; thus, the person provoked retaliated on a youngerbrother or on an elder father. Although in fact, there issufficient provocation, it is not mitigating because the onewho gives the provocation is not the one against whom thecrime was committed.

Diminished self control has two criteria:1) Time has lapsed after the provocation was initially

given (ex. A guy was insulted at this moment, andretaliated back after 24 hours. Giving him enoughtime to think of his actions)

2) If there is that time element and at the same time,facts are given indicating that at the time theoffender committed the crime, he is still sufferingfrom outrage of the threat or provocation done tohim, then he will still get the benefit of thismitigating circumstance.

Vindication of a grave offense, the vindication need not bedone by the person upon whom the grave offense wascommitted.Passion or obfuscation this stands on the premise orproposition that the offender is suffering from a diminishedself-control because of passion or obfuscation. Passion mustbe legitimate.

This occurs when an assault on spouse or loved one isprominent, and because of a jealous outbreak you end upkilling the person assaulting your spouse or loved-one.

Physical defect is another mitigating circumstance.Regardless of any physical defect a person may still commit acrime as the other parts of the body are fully functioning andcould still commence the crime. Blind, and invalid are notexempted. Some parts of their body are still working.


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Aggravating Circumstances:Circumstances that increase the seriousness oroutrageousness of a given crime, and that in turn increase thewrongdoer's penalty or punishment.

These are the kinds of aggravating circumstances:1) Generic or those that can generally apply to all

crime;2) Specific or those that apply only to a particular

crime3) Qualifying or those that change that change the

nature of the crime4) Inherent or those that must of necessity accompany

the commission of the crime

Distinctions between Aggravating and Qualifyingcircumstances

In aggravating:1) The circumstance could be offset by a mitigating

circumstance,2) No need to allege this circumstance in the

information, as long as it is proven during trial. If itis proved during trial, the court would consider thesame in imposing the penalty;

3) It is not an ingredient of a crime. It only affects thepenalty to be imposed but the crime remains thesame

In qualifying circumstances:1) The circumstance affects the nature of the crime

itself such that the offender shall be liable for amore serious crime. The circumstance is actually aningredient of the crime

2) Being an ingredient of the crime, it cannot be offsetby any mitigating circumstance

3) Qualifying circumstances to be appreciated as suchmust be specifically alleged in the complaint orinformation. If not alleged but proven during thetrial, it will be considered only as genericaggravating circumstance. If this happens, they aresusceptible of being offset by a mitigatingcircumstance

Aggravating circumstances includes:1) Taking advantage of public position this means you

use public office as a medium to commence a crimethinking that you wouldnt be convicted (well guessagain!)

2) Disrespect due to age, rank and sex this refers toold, young and for the sex, its the female

3) Abuse of confidence this is not mere betrayal of trust just because in example you left your daughterin the trust of a neighbor and your neighbor rapesyour daughter. That is not aggravating, what isaggravating if it was done to you.

4) Dwelling this refers to house, regardless if its yoursor not!

5) Band obviously this refers to more than 3 people! Itwould be bad enough as it is if one person kills you,but a group? (hello! Common sense!)

6) Uninhabited place this refers to an area far awayfrom civilization, if this is you, it would be so unfairas the criminal intends that you wont be saved, thisis considered as aggravating.

7) Nighttime you are rendered defenseless at thispoint in moment in time. You are sleeping, so killingyou while sleeping aggravates the whole thing!

8) Treachery violation of allegiance or faith. You

create this once your allegiance/loyalty to someoneis destroyed.9) Evident premeditation it means you planned this all

along!!!10) Breaking and entering is included as well!11) If you ask the aid of people below 15 years of age,

the crime gets aggravated! (best example CSI:Miami, when an offender asked the aid of Horatiosson Kyle who at the time of the offense was 15,ranking him as a juvenile)

12) Craft, disguise or fraud be used in committing acrime.

13) If you create an explosion, poison, stranding avessel, fire, (all man-made accidents) these alsoaggravate the situation. If you use these examples tohide your crime, then youre facing jail time for alifetime.

14) If you accepted a bribe, reward or price in exchangefor a commencement of a crime, well consider thesethings aggravating.

15) Another aggravating circumstances, you kill someoneand being a show-off, you exposed the person, notonly dead, but naked as well and hung him on atree, this is ignominy. Kumbaga sa dead, double-dead na ito!

16) If you use your size to get your way and in the endresulting in death, then this is also considered asaggravating.

17) During natural causes of accidents like earthquake orepidemic and you used it as a cover for your crime,this is also aggravating. (Best example of this, CSI:Miami, a robbery took place during a tsunami event.The robbers used a geologist to cover for them. Talkabout good research! But regardless, its stillaggravating circumstances)

18) If you commit a crime in the executive palace,regardless of the existence of the president or not,the grounds are still aggravating. Especially if youshoot a gun inside a church!

19) If you insult a public officer, that is also anaggravating circumstance.

20) If you also asked the help of armed men, it alsoaggravates the case.

Recidivism the offender at the time of the trial shall havebeen previously convicted by final judgment of another in thesame title of the RPC. Ex. A guy committed murder last 2months ago, and now he is being convicted of homicide.

Reiteration the offender has been punished for an offensewhich the law attaches an equal greater penalty for two ormore crimes to which it attaches a lighter penalty. This time,separate titles are applicable. Ex. Robbery with rape is agood example.

Habitual delinquency the offender within a 10-year periodfrom the date of release or conviction of the crimes: robbery,estafa, murder, the third time.

Alternative Circumstance:These offenses are against your family (relationship)

These offenses also cover the part when youre drunk (so stopdrinking!)It doesnt care if youve finished a college degree or a simple1st grader. Everyone has a tendency to become a murderer.The following are Criminally Liable for Grave felonies:

1) Principals main doers of the crime2) Accomplices the one who helped in the execution3) Accessories one may not be there during the crime,

but after you help hide the evidence (obstruction of justice ito)

The following are Criminally Liable for Light felonies:1) Principals2) Accomplices

Grave felonies:These felonies are punishable by the highest possible

punishment: lifetime imprisonment or 6-30 years. Examplesare rape, murder, robbery, treason.

Light felonies:These felonies, are punishable by lightest punishments:arresto menor, bail. These are commenced due to infractionsand misdemeanors.

Accessories who are exempt from Criminal Liability are yourrelatives, siblings, spouses.


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Punishments given for Grave Felonies:1) Reclusion perpetua2) Reclusion temporal3) Perpetual or temporary disqualification4) Perpetual or special disqualification5) Prision mayor

Correctional penalties:1) Prision correccional2) Arresto mayor3) Suspension4) Destierro

Light penalties1) Arresto menor2) Public censure

Penalties common to the three preceding classes:1) Fine and2) Bond to keep the peace.

Art. 21. Penalties that may be imposed. No felony shallbe punishable by any penalty not prescribed by law priorto its commission.

: Meaning, you cannot punish anyone with any penalty if he orshe did not commit any crime, thus the legal maxim: Nullumcrimen, nulla poena sine lege - There is no crime when thereis no law punishing the same.Ex: A man was convicted of murder, but his alibi andevidence showed otherwise. Should the man be convicted of murder or not?

A: No, he shouldnt be.

There was no felony committed, therefore, no penalty isprescribed by law punishing it, thus the legal maxim: Nullumcrimen, nulla poena sine lege there is no crime when thereis no law punishing the same.

In the case given, although the man was convicted of murder,the evidence and alibi does not tie him to the crime.

Thus eliminating him of any liability for there was no crimecommitted.

Art. 22. Retroactive effect of penal laws. Penal Lawsshall have a retroactive effect insofar as they favor thepersons guilty of a felony, who is not a habitual criminal,as this term is defined in Rule 5 of Article 62 of this Code,although at the time of the publication of such laws a finalsentence has been pronounced and the convict is servingthe same.

: With relation to Art. 4 of the Civil Code: Laws shall have noretroactive effect unless otherwise provided, meaning, lawsare usually prospective. They never look back. Say forexample, a man committed a crime of murder, if he wassentenced for the penalty of the death sentence, and since itwas abolished, it will no longer follow. Should it beimplemented back, he is no longer covered by suchpunishment.

Art. 23. Effect of pardon by the offended party. Apardon of the offended party does not extinguish criminalaction except as provided in Article 344 of this Code; butcivil liability with regard to the interest of the injuredparty is extinguished by his express waiver.

: This is in connection to the pardoning of the President tothe accused. Usually in the case of rape, unless the person isforgiven by the victim, then the offender is not pardoned.The difference between amnesty and pardon lies between theerasure of the conviction and the crime itself. Pardon,excuses the convict from serving the sentence.Ex: Suppose, instead of amnesty, what was given wasabsolute pardon, then years later, the offender was againcaptured and charged for rebellion, he was convicted, is he arecidivist?

A: Yes, he is.

Pardon, although absolute, does not erase the effects of conviction. It only excuses the accused from serving hissentence.

In the case at bar, the accused was awarded or given pardon,not amnesty, which erases not only the conviction but alsothe crime itself. He then commits a crime of rebellion,thereby making him a recidivist.

Art. 24. Measures of prevention or safety which are notconsidered penalties . The following shall not beconsidered as penalties:1. The arrest and temporary detention of accused persons,as well as their detention by reason of insanity orimbecility, or illness requiring their confinement in ahospital.2. The commitment of a minor to any of the institutionsmentioned in Article 80 and for the purposes specifiedtherein.3. Suspension from the employment of public office duringthe trial or in order to institute proceedings.4. Fines and other corrective measures which, in theexercise of their administrative disciplinary powers,

superior officials may impose upon their subordinates.5. Deprivation of rights and the reparations which the civillaws may establish in penal form.

: The abovementioned are not penalties for a crime. Ratherthey are just part of due process given to an accused.

Art. 25. Penalties which may be imposed. The penaltieswhich may be imposed according to this Code, and theirdifferent classes, are those included in the following:

Capital punishment: DeathAfflictive penalties: Reclusion perpetua, Reclusiontemporal, Perpetual or temporary absolutedisqualification, Perpetual or temporary specialdisqualification, Prision mayor.Correctional penalties: Prision correccional, Arrestomayor, Suspension, Destierro.Penalties common to the three preceding classes: Fine,and Bond to keep the peace.

Accessory Penalties:Perpetual or temporary absolute disqualificationPerpetual or temporary special disqualificationSuspension from public office, the right to vote and bevoted for, the profession or callingCivil interdictionIndemnificationForfeiture or confiscation of instruments and proceeds of the offensePayment of costs

: The abovementioned are penalties imposed on the criminaloffenses being committed by offenders.

Art. 26. When afflictive, correctional, or light penalty. Afine, whether imposed as a single of as an alternativepenalty, shall be considered an afflictive penalty, if itexceeds 6,000 pesos; a correctional penalty, if it does notexceed 6,000 pesos but is not less than 200 pesos; and alight penalty if it less than 200 pesos.: This means you could just pay for bail, if what youcommitted did not meet the penalties mentioned in thepreceding article.

Art. 27. Reclusion perpetua . Any person sentence to anyof the perpetual penalties shall be pardoned afterundergoing the penalty for thirty years, unless such personby reason of his conduct or some other serious cause shallbe considered by the Chief Executive as unworthy of pardon. (20 years and 1 day to 40 years)

Reclusion temporal. The penalty of reclusion temporalshall be from twelve years and one day to twenty years.


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Prision mayor and temporary disqualification. Theduration of the penalties of prision mayor and temporarydisqualification shall be from six years and one day totwelve years, except when the penalty of disqualificationis imposed as an accessory penalty, in which case itsduration shall be that of the principal penalty.

Prision correccional, suspension, and destierro. Theduration of the penalties of prision correccional,suspension and destierro shall be from six months and oneday to six years, except when suspension is imposed as anaccessory penalty, in which case, its duration shall be thatof the principal penalty.

Arresto mayor. The duration of the penalty of arrestomayor shall be from one month and one day to six months.

Arresto menor. The duration of the penalty of arrestomenor shall be from one day to thirty days.

Bond to keep the peace. The bond to keep the peaceshall be required to cover such period of time as the courtmay determine.

: The abovementioned penalties are to be given on offenders

when they have committed a crime, depending on thelightness and gravity of the crime committed. The gravestbeing Reclusion perpetua since the Death sentence has beenabolished. And bond to keep peace as the lightest.

Art. 28. Computation of penalties. If the offender shallbe in prison, the term of the duration of the temporarypenalties shall be computed from the day on which thejudgment 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 becomputed from the day that the offender is placed at thedisposal of the judicial authorities for the enforcement of the penalty. The duration of the other penalties shall becomputed only from the day on which the defendantcommences to serve his sentence.

: This refers to the duration of the sentence.Ex: True or false, a man was convicted of Reclusion temporalafter committing a crime of homicide should be serving asentence of twenty years and one day to forty years?

A: False.

The Revised Penal Code provides that Reclusion temporal issupposed to be served twelve years and one day to twentyyears.

In the case at bar, the man committed homicide and waspunished with Reclusion temporal. The years that wasmention in the prescription was for Reclusion perpetua.

Art. 29. Period of preventive imprisonment deducted fromterm of imprisonment. Offenders who have undergonepreventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with thefull time during which they have undergone preventiveimprisonment, if the detention prisoner agrees voluntarilyin writing to abide by the same disciplinary rules imposedupon convicted prisoners, except in the following cases:1. When they are recidivists or have been convictedpreviously twice or more times of any crime; and2. When upon being summoned for the execution of theirsentence they have failed to surrender voluntarily.

If the detention prisoner does not agree to abide by thesame disciplinary rules imposed upon convicted prisoners,he shall be credited in the service of his sentence withfour-fifths of the time during which he has undergonepreventive imprisonment.

Whenever an accused has undergone preventiveimprisonment for a period equal to or more than thepossible maximum imprisonment of the offense charged towhich he may be sentenced and his case is not yetterminated, he shall be released immediately without

prejudice to the continuation of the trial thereof or theproceeding on appeal, if the same is under review. In casethe maximum penalty to which the accused may besentenced is destierro, he shall be released after thirty(30) days of preventive imprisonment.

: This is in reference to offenders who have served theirsentences to prevent them from committing another crime.

Art. 30. Effects of the penalties of perpetual or temporary absolute disqualification. The penalties of perpetual ortemporary absolute disqualification for public office shallproduce the following effects:1. The deprivation of the public offices and employmentswhich the offender may have held even if conferred bypopular election.2. The deprivation of the right to vote in any election forany popular office or to be elected to such office.3. The disqualification for the offices or publicemployments and for the exercise of any of the rightsmentioned. In case of temporary disqualification, suchdisqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence.4. The loss of all rights to retirement pay or other pensionfor any office formerly held.

: This is in line with the sentence: Public office is a publictrust.Ex: A public officer committed a crime of rape with murder.His final judgment was perpetual or temporary absolutedisqualification. Do you agree with the judgment or not?

A: Yes, I agree with the judgment.

Public office is a public trust. And if a public officercommenced such crime, he is not fit to be trusted and mustbe stripped of his duties and obligations to the public.

In the given case at bar, the public officer committed rapewith murder, therefore, he cannot be trusted and must bestripped of his office, duties and obligations as a publicofficer, as public office is a public trust.

Art. 31. Effect of the penalties of perpetual or temporary special disqualification. The penalties of perpetual ortemporal special disqualification for public office,profession or calling shall produce the following effects:1. The deprivation of the office, employment, professionor calling affected;2. The disqualification for holding similar offices oremployments either perpetually or during the term of thesentence according to the extent of such disqualification.

: People in office who had committed a crime shall bedeprived of their office. Like in royalty for example, if theking commits a crime, he is forced to abdicate and therebystripped of his title and office.

Art. 32. Effect of the penalties of perpetual or temporaryspecial disqualification for the exercise of the right of suffrage. The perpetual or temporary specialdisqualification for the exercise of the right of suffrageshall deprive the offender perpetually or during the termof the sentence, according to the nature of said penalty, of the right to vote in any popular election for any publicoffice or to be elected to such office. Moreover, theoffender shall not be permitted to hold any public officeduring the period of his disqualification.

: Again with connection to public office is a public trust, theoffender may not hold any office during his term of sentence.They will be deprived the right to vote in any popularelection for any public office.

Art. 33. Effects of the penalties of suspension from any public office, profession or calling, or the right of suffrage. The suspension from public office, professionor calling, and the exercise of the right of suffrage shalldisqualify the offender from holding such office or


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exercising such profession or calling or right of suffrageduring the term of the sentence.The person suspended from holding public office shall nothold another having similar functions during the period of his suspension.

: In connection with the holding of public office, one may besuspended from holding public office and shall not holdanother having similar functions during the period of hissuspension.

Art. 34. Civil interdiction. Civil interdiction shall deprivethe offender during the time of his sentence of the rightsof parental authority, or guardianship, either as to theperson or property of any ward, of marital authority, of the right to manage his property and of the right to disposeof such property by any act or any conveyance inter vivos.

: During the term of sentence, one who is convicted isstripped of rights to parental authority, guardianship, maritalauthority and right to manage his property.

Art. 35. Effects of bond to keep the peace. It shall be theduty of any person sentenced to give bond to keep thepeace, to present two sufficient sureties who shall

undertake that such person will not commit the offensesought to be prevented, and that in case such offense becommitted they will pay the amount determined by thecourt in the judgment, or otherwise to deposit suchamount in the office of the clerk of the court to guaranteesaid undertaking.The court shall determine, according to its discretion, theperiod of duration of the bond.Should the person sentenced fail to give the bond asrequired he shall be detained for a period which shall in nocase exceed six months, is he shall have been prosecutedfor a grave or less grave felony, and shall not exceed thirtydays, if for a light felony.

: In connection to payment of any bail or bond, as to keep thepeace and sanctity of the place.

Art. 36. Pardon; its effect. A pardon shall not work therestoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by theterms of the pardon.A pardon shall in no case exempt the culprit from thepayment of the civil indemnity imposed upon him by thesentence.

: Pardon is differentiated from amnesty. As pardon excusesthe sentence but not the crime, and amnesty excuses boththe sentence and the crime.

Art. 37. Cost; What are included. Costs shall include feesand indemnities in the course of the judicial proceedings,whether they be fixed or unalterable amounts previouslydetermined by law or regulations in force, or amounts notsubject to schedule.: These are the fees included in paying the bail, or other

form of obligations you have when you are accused.

Art. 38. Pecuniary liabilities; Order of payment. In casethe property of the offender should not be sufficient forthe payment of all his pecuniary liabilities, the same shallbe met in the following order:1. The reparation of the damage caused.2. Indemnification of consequential damages.3. The fine.

4. The cost of the proceedings.

: When things are to be repaired, or when things are taken,its either you pay back the equal amount in which the victimpaid for it or you find a way to repair it.

Art. 39. Subsidiary penalty. If the convict has noproperty with which to meet the fine mentioned in theparagraph 3 of the nest preceding article, he shall besubject to a subsidiary personal liability at the rate of oneday for each eight pesos, subject to the following rules:

1. If the principal penalty imposed be prision correccionalor arresto and fine, he shall remain under confinementuntil his fine referred to in the preceding paragraph issatisfied, but his subsidiary imprisonment shall not exceedone-third of the term of the sentence, and in no case shallit continue for more than one year, and no fraction or partof a day shall be counted against the prisoner.2. When the principal penalty imposed be only a fine, thesubsidiary imprisonment shall not exceed six months, if theculprit shall have been prosecuted for a grave or less gravefelony, and shall not exceed fifteen days, if for a lightfelony.3. When the principal imposed is higher than prisioncorreccional, no subsidiary imprisonment shall be imposedupon the culprit.4. If the principal penalty imposed is not to be executed byconfinement in a penal institution, but such penalty is of fixed duration, the convict, during the period of timeestablished in the preceding rules, shall continue to sufferthe same deprivations as those of which the principalpenalty consists.chan robles virtual law library5. The subsidiary personal liability which the convict mayhave suffered by reason of his insolvency shall not relievehim, from the fine in case his financial circumstancesshould improve.

: This is in case a person convicted cannot pay for the same,they will follow the abovementioned guidelines with regardto payment.

Art. 40. Death; Its accessory penalties. The deathpenalty, when it is not executed by reason of commutationor pardon shall carry with it that of perpetual absolutedisqualification and that of civil interdiction during thirtyyears following the date sentence, unless such accessorypenalties have been expressly remitted in the pardon.

: This has been abolished, so, at some point no longerapplicable. Although it is still included in the RPC, it isrespected as a resource.

Art. 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. The penalties of reclusion perpetuaand reclusion temporal shall carry with them that of civilinterdiction for life or during the period of the sentence asthe case may be, and that of perpetual absolutedisqualification which the offender shall suffer eventhough pardoned as to the principal penalty, unless thesame shall have been expressly remitted in the pardon.

Art. 42. Prision mayor; Its accessory penalties. Thepenalty of prision mayor, shall carry with it that of temporary absolute disqualification and that of perpetualspecial disqualification from the right of suffrage which theoffender shall suffer although pardoned as to the principalpenalty, unless the same shall have been expresslyremitted in the pardon.

Art. 43. Prision correccional; Its accessory penalties. The penalty of prision correccional shall carry with it thatof suspension from public office, from the right to follow aprofession or calling, and that of perpetual specialdisqualification from the right of suffrage, if the durationof said imprisonment shall exceed eighteen months. Theoffender shall suffer the disqualification provided in thearticle although pardoned as to the principal penalty,unless the same shall have been expressly remitted in thepardon.

Art. 44. Arresto; Its accessory penalties. The penalty of arresto shall carry with it that of suspension of the righttoo hold office and the right of suffrage during the term of the sentence.

Art. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. Every penalty imposed for thecommission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments or toolswith which it was committed.


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Such proceeds and instruments or tools shall beconfiscated and forfeited in favor of the Government,unless they be property of a third person not liable for theoffense, but those articles which are not subject of lawfulcommerce shall be destroyed.

Art. 46. Penalty to be imposed upon principals in general. The penalty prescribed by law for the commission of afelony shall be imposed upon the principals in thecommission of such felony.Whenever the law prescribes a penalty for a felony isgeneral terms, it shall be understood as applicable to theconsummated felony.

: This means, all the crimes have been on the consummatedstage.

Art. 47. In what cases the death penalty shall not beimposed . The death penalty shall be imposed in all casesin which it must be imposed under existing laws, except inthe following cases:1. When the guilty person be more than seventy years of age.2. When upon appeal or revision of the case by theSupreme court, all the members thereof are not

unanimous in their voting as to the propriety of theimposition of the death penalty. For the imposition of saidpenalty or for the confirmation of a judgment of theinferior court imposing the death sentence, the SupremeCourt shall render its decision per curiam, which shall besigned by all justices of said court, unless some member ormembers thereof shall have been disqualified from takingpart in the consideration of the case, in which even theunanimous vote and signature of only the remainingjustices shall be required.

: Although the Death sentence is no longer commutable, thisis to be implemented once a person is convicted.

Art. 48. Penalty for complex crimes. When a single actconstitutes two or more grave or less grave felonies, orwhen an offense is a necessary means for committing theother, the penalty for the most serious crime shall beimposed, the same to be applied in its maximum period.

: This is when a single act, becomes a crime.Ex: In the intention of keeping the peace, a police, fires agun towards a robber, but since the bullet did a projectilehitting another bystander thereby killing two people. Wasthere a complex crime committed?

A: Yes, there was.

Complex crime is defined as a single act that constitutes twoor more grave or less grave felonies.

In the given case at bar, the police in the intention of keeping the peace, although he fired the gun at the robber,the bullet did a projectile which hits a bystander, thus killingthem both.

Thus, the police committed a complex crime.

Art. 49. Penalty to be imposed upon the principals whenthe crime committed is different from that intended. Incases in which the felony committed is different from thatwhich the offender intended to commit, the following rulesshall be observed:1. If the penalty prescribed for the felony committed be

higher than that corresponding to the offense which theaccused intended to commit, the penalty corresponding tothe latter shall be imposed in its maximum period.2. If the penalty prescribed for the felony committed belower than that corresponding to the one which theaccused intended to commit, the penalty for the formershall be imposed in its maximum period.3. The rule established by the next preceding paragraphshall not be applicable if the acts committed by the guiltyperson shall also constitute an attempt or frustration of another crime, if the law prescribes a higher penalty for

either of the latter offenses, in which case the penaltyprovided for the attempted or the frustrated crime shall beimposed in its maximum period.

: This is to be imposed on the principal criminal regardless of praeter intentionem (or the crime committed is differentfrom what was intended), the maximum is to be imposed.

Art. 50. Penalty to be imposed upon principals of afrustrated crime. The penalty next lower in degree thanthat prescribed by law for the consummated felony shall beimposed upon the principal in a frustrated felony.

: Referring to the graduated scale of penalties, the penalty tobe given in frustrated crime is the next lower in degree.Ex: A crime of frustrated rape is committed. Rape is usuallypunishable with Reclusion perpetua, but in the case of frustrated rape the next lower degree punishment will beimposed which is Reclusion temporal.

Art 51. Penalty to be imposed upon principals of attempted crimes. A penalty lower by two degrees thanthat prescribed by law for the consummated felony shall beimposed upon the principals in an attempt to commit afelony.

: This punishment say for example is to be imposed onattempted rape, then two (2) degrees lower which is Prisionmayor.

Art. 52. Penalty to be imposed upon accomplices inconsummated crime. The penalty next lower in degreethan that prescribed by law for the consummated shall beimposed upon the accomplices in the commission of aconsummated felony.

Art. 53. Penalty to be imposed upon accessories to thecommission of a consummated felony. The penalty lowerby two degrees than that prescribed by law for theconsummated felony shall be imposed upon the accessoriesto the commission of a consummated felony.

Art. 54. Penalty to imposed upon accomplices in afrustrated crime. The penalty next lower in degree thanprescribed by law for the frustrated felony shall beimposed upon the accomplices in the commission of afrustrated felony.

Art. 55. Penalty to be imposed upon accessories of afrustrated crime. The penalty lower by two degreesthan that prescribed by law for the frustrated felony shallbe imposed upon the accessories to the commission of afrustrated felony.

Art. 56. Penalty to be imposed upon accomplices in anattempted crime. The penalty next lower in degree thanthat prescribed by law for an attempt to commit a felonyshall be imposed upon the accomplices in an attempt tocommit the felony.

Art. 57. Penalty to be imposed upon accessories of anattempted crime. The penalty lower by two degreesthan that prescribed by law for the attempted felony shallbe imposed upon the accessories to the attempt to commita felony.

Art. 58. Additional penalty to be imposed upon certainaccessories. Those accessories falling within the termsof paragraphs 3 of Article 19 of this Code who should act

with abuse of their public functions, shall suffer theadditional penalty of absolute perpetual disqualification if the principal offender shall be guilty of a grave felony, andthat of absolute temporary disqualification if he shall beguilty of a less grave felony.

Art. 59. Penalty to be imposed in case of failure to committhe crime because the means employed or the aims soughtare impossible. When the person intending to commit anoffense has already performed the acts for the executionof the same but nevertheless the crime was not produced


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by reason of the fact that the act intended was by itsnature one of impossible accomplishment or because themeans employed by such person are essentially inadequateto produce the result desired by him, the court, having inmind the social danger and the degree of criminality shownby the offender, shall impose upon him the penalty of arresto mayor or a fine from 200 to 500 pesos.

: This is with connection to impossible crime, where thecrime committed and its way of commission is so impossible.Ex: A brother, on the intent of killing his brother, bought apoison for his brothers food. But the pharmacist gave himcheese flavor powder instead, which did not kill his brother.Was an impossible crime committed or not?

A: Yes, there was an impossible crime committed.

An impossible crime is a commencement of a crime that themeans of committing it is so impossible that even with theintent of killing the person did not affect the person instead.

In the case at bar, the brother with an intention on killing hisbrother bought poison, but instead was given cheese powderthereby not killing him.

Art. 60. Exception to the rules established in Articles 50to 57. The provisions contained in Articles 50 to 57 ,inclusive, of this Code shall not be applicable to cases inwhich the law expressly prescribes the penalty providedfor a frustrated or attempted felony, or to be imposedupon accomplices or accessories.

Art. 61. Rules for graduating penalties. For the purposeof graduating the penalties which, according to theprovisions of Articles 50 to 57, inclusive, of this Code, areto be imposed upon persons guilty as principals of anyfrustrated or attempted felony, or as accomplices oraccessories, the following rules shall be observed:1. When the penalty prescribed for the felony is single andindivisible, the penalty next lower in degrees shall be thatimmediately following that indivisible penalty in therespective graduated scale prescribed in Article 71 of thisCode.2. When the penalty prescribed for the crime is composedof two indivisible penalties, or of one or more divisiblepenalties to be impose to their full extent, the penaltynext lower in degree shall be that immediately followingthe lesser of the penalties prescribed in the respectivegraduated scale.3. When the penalty prescribed for the crime is composedof one or two indivisible penalties and the maximumperiod of another divisible penalty, the penalty next lowerin degree shall be composed of the medium and minimumperiods of the proper divisible penalty and the maximumperiods of the proper divisible penalty and the maximumperiod of that immediately following in said respectivegraduated scale.4. when the penalty prescribed for the crime is composedof several periods, corresponding to different divisiblepenalties, the penalty next lower in degree shall becomposed of the period immediately following theminimum prescribed and of the two next following, whichshall be taken from the penalty prescribed, if possible;otherwise from the penalty immediately following in theabove mentioned respective graduated scale.5. When the law prescribes a penalty for a crime in somemanner not especially provided for in the four precedingrules, the courts, proceeding by analogy, shall imposecorresponding penalties upon those guilty as principals of

the frustrated felony, or of attempt to commit the same,and upon accomplices and accessories.

: This is in connection to the penalties once the scale hasgraduated. Either the years get added or subtracted.

Art. 62. Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency. Mitigating or aggravating circumstances and habitualdelinquency shall be taken into account for the purpose of

diminishing or increasing the penalty in conformity withthe following rules:1. Aggravating circumstances which in themselvesconstitute a crime specially punishable by law or which areincluded by the law in defining a crime and prescribing thepenalty therefor shall not be taken into account for thepurpose of increasing the penalty.2. The same rule shall apply with respect to anyaggravating circumstance inherent in the crime to such adegree that it must of necessity accompany thecommission thereof.3. Aggravating or mitigating circumstances which arisefrom the moral attributes of the offender, or from hisprivate relations with the offended party, or from anyother personal cause, shall only serve to aggravate ormitigate the liability of the principals, accomplices andaccessories as to whom such circumstances are attendant.4. The circumstances which consist in the materialexecution of the act, or in the means employed toaccomplish it, shall serve to aggravate or mitigate theliability of those persons only who had knowledge of themat the time of the execution of the act or their cooperationtherein.5. Habitual delinquency shall have the following effects:

(a) Upon a third conviction the culprit shall be sentencedto the penalty provided by law for the last crime of whichhe be found guilty and to the additional penalty of prisioncorreccional in its medium and maximum periods;(b) Upon a fourth conviction, the culprit shall be sentencedto the penalty provided for the last crime of which he befound guilty and to the additional penalty of prision mayorin its minimum and medium periods; and(c) Upon a fifth or additional conviction, the culprit shallbe sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporalin its minimum period.Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, inconformity herewith, shall in no case exceed 30 years.For the purpose of this article, a person shall be deemed tobe habitual delinquent, is within a period of ten years fromthe date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafaor falsification, he is found guilty of any of said crimes athird time or oftener.

: This article pertains to when the aggravating circumstanceis offset by mitigating circumstance and thus the computationis either commuted or reduced. This is in the case of seriousphysical injury, robbery, estafa, homicide and this is referredto recidivists or repeat offenders or habitual delinquents.

Art. 63. Rules for the application of indivisible penalties. In all cases in which the law prescribes a singleindivisible penalty, it shall be applied by the courtsregardless of any mitigating or aggravating circumstancesthat may have attended the commission of the deed.In all cases in which the law prescribes a penalty composedof two indivisible penalties, the following rules shall beobserved in the application thereof:1. When in the commission of the deed there is presentonly one aggravating circumstance, the greater penaltyshall be applied.

: If the crime committed is in the aggravating circumstance,the greater penalty is given, this includes:1) Reclusion perpetua

2) Reclusion temporal

2. When there are neither mitigating nor aggravatingcircumstances and there is no aggravating circumstance,the lesser penalty shall be applied.

: If both the mitigating and aggravating are missing in theelement of the crime, a lesser penalty shall be applied. Thispertains to:1) Prision mayor2) Arresto mayor


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3) Arresto menor

3. When the commission of the act is attended by somemitigating circumstances and there is no aggravatingcircumstance, the lesser penalty shall be applied.

: This is in the presence of a mitigating circumstance but noaggravating, a lesser penalty is to be administered.

4. When both mitigating and aggravating circumstancesattended the commission of the act, the court shallreasonably allow them to offset one another inconsideration of their number and importance, for thepurpose of applying the penalty in accordance with thepreceding rules, according to the result of suchcompensation.

: This is in the case where both are present, then one canoffset the other by either reducing the number of years.

Art. 64. Rules for the application of penalties whichcontain three periods. In cases in which the penaltiesprescribed by law contain three periods, whether it be asingle divisible penalty or composed of three differentpenalties, each one of which forms a period in accordance

with the provisions of Articles 76 and 77, the court shallobserve for the application of the penalty the followingrules, according to whether there are or are not mitigatingor aggravating circumstances:1. When there are neither aggravating nor mitigatingcircumstances, they shall impose the penalty prescribed bylaw in its medium period.

: This is in case neither the aggravating nor mitigating ispresent, the medium penalty is given.

2. When only a mitigating circumstances is present in thecommission of the act, they shall impose the penalty in itsminimum period.

: In this case, the minimum period (it may be arresto menoror bond) that will be given as punishment to the accused.

3. When an aggravating circumstance is present in thecommission of the act, they shall impose the penalty in itsmaximum period.

: Granting in this case that an aggravating circumstance waspresent in the commission of the crime, maximum is to beimplemented: Reclusion perpetua.

4. When both mitigating and aggravating circumstances arepresent, the court shall reasonably offset those of oneclass against the other according to their relative weight.

: In the case at bar, one may offset the other granting thatboth the mitigating and aggravating is present in thecommencement of the crime.

5. When there are two or more mitigating circumstancesand no aggravating circumstances are present, the courtshall impose the penalty next lower to that prescribed bylaw, in the period that it may deem applicable, accordingto the number and nature of such circumstances.

: In the case where there two or more mitigatingcircumstances but no aggravating present, the court shallimpose a lower penalty than that prescribed by law.

6. Whatever may be the number and nature of theaggravating circumstances, the courts shall not impose agreater penalty than that prescribed by law, in itsmaximum period.

: Death may not be imposed regardless of how aggravatingthe circumstances are.

7. Within the limits of each period, the court shalldetermine the extent of the penalty according to thenumber and nature of the aggravating and mitigating

circumstances and the greater and lesser extent of the evilproduced by the crime.

: This is in favor of the gravity of the crime commenced bythe offender.

Art. 65. Rule in cases in which the penalty is not composed of three periods. In cases in which the penaltyprescribed by law is not composed of three periods, thecourts shall apply the rules contained in the foregoingarticles, dividing into three equal portions of time includedin the penalty prescribed, and forming one period of eachof the three portions.

: Instead of doing three (3) separate periods of penalty, itwill be done consecutively at the same time.

Art. 66. Imposition of fines. In imposing fines the courtsmay fix any amount within the limits established by law; infixing the amount in each case attention shall be given, notonly to the mitigating and aggravating circumstances, butmore particularly to the wealth or means of the culprit.

: Fines that could be accommodated by the wealth or meansof the culprit are to be adjusted in case he/she may not be

able to pay. This is to be determined by the courts.

Art. 67. Penalty to be imposed when not all the requisitesof exemption of the fourth circumstance of Article 12 arepresent . When all the conditions required incircumstances Number 4 of Article 12 of this Code toexempt from criminal liability are not present, the penaltyof arresto mayor in its maximum period to prisioncorreccional in its minimum period shall be imposed uponthe culprit if he shall have been guilty of a grave felony,and arresto mayor in its minimum and medium periods, if of a less grave felony.

: This is to be given on the case of any person who, whileperforming a lawful act with due care, causes an injury bymere accident without fault or intention of causing it, asprovided by the Penal Code, under paragraph 4 of Art. 12,then the maximum period of arresto mayor to the minimumperiod of prision correccional is to be imposed.

Art. 68. Penalty to be imposed upon a person under eighteen years of age. When the offender is a minorunder eighteen years and his case is one coming under theprovisions of the paragraphs next to the last of Article 80of this Code, the following rules shall be observed:1. Upon a person under fifteen but over nine years of age,who is not exempted from liability by reason of the courthaving declared that he acted with discernment, adiscretionary penalty shall be imposed, but always lowerby two degrees at least than that prescribed by law for thecrime which he committed.2. Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed by lawshall be imposed, but always in the proper period.

: This is in connection to offenders who are minors, but uponreaching 18 may be tried as an adult.

Art. 69. Penalty to be imposed when the crime committed is not wholly excusable. A penalty lower by one or twodegrees than that prescribed by law shall be imposed if thedeed is not wholly excusable by reason of the lack of someof the conditions required to justify the same or to exemptfrom criminal liability in the several cases mentioned in

Article 11 and 12, provided that the majority of suchconditions be present. The courts shall impose the penaltyin the period which may be deemed proper, in view of thenumber and nature of the conditions of exemption presentor lacking.

: With connection to Justifying Circumstances andCircumstances which exempt from criminal liability, thepenalty is either one or two degree lower, and may beimposed only in the number and nature of the conditions of exemption present or lacking.


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Art. 70. Successive service of sentence. When the culprithas to serve two or more penalties, he shall serve themsimultaneously if the nature of the penalties will so permitotherwise, the following rules shall be observed:In the imposition of the penalties, the order of theirrespective severity shall be followed so that they may beexecuted successively or as nearly as may be possible,should a pardon have been granted as to the penalty orpenalties first imposed, or should they have been servedout.For the purpose of applying the provisions of the nextpreceding paragraph the respective severity of thepenalties shall be determined in accordance with thefollowing scale:1. Death,2. Reclusion perpetua,3. Reclusion temporal,4. Prision mayor,5. Prision correccional,chan robles virtual law library6. Arresto mayor,7. Arresto menor,8. Destierro,9. Perpetual absolute disqualification,10 Temporal absolute disqualification.

11. Suspension from public office, the right to vote and bevoted for, the right to follow a profession or calling, and12. Public censure.Notwithstanding the provisions of the rule next preceding,the maximum duration of the convict's sentence shall notbe more than three-fold the length of time correspondingto the most severe of the penalties imposed upon him. Noother penalty to which he may be liable shall be inflictedafter the sum total of those imposed equals the samemaximum period.Such maximum period shall in no case exceed forty years.In applying the provisions of this rule the duration of perpetual penalties (pena perpetua) shall be computed atthirty years.

: The best rule for this article is the three-fold rule, whereinstead of serving three sentences at different periods, theyall get served at the same period at the maximum periodpossible.Ex: A man committing robbery, with kidnapping and murderhas been sentenced to Reclusion perpetua for each crime hehas committed. If you were the judge presiding over thecase, how would you decide over how he should serve hissentence?

A: Following the three-fold rule though he has committedthree distinct crimes of different titles, the man should beserving the maximum sentence of Reclusion perpetua or 20years and 1 day to 40 years. Instead of adding all three whichare punishable with Reclusion perpetua which equals 120years, it will be reduced to 40 years instead.

Art. 71. Graduated scales. In the case in which the lawprescribed a penalty lower or higher by one or moredegrees than another given penalty, the rules prescribed inArticle 61 shall be observed in graduating such penalty.The lower or higher penalty shall be taken from thegraduated scale in which is comprised the given penalty.The courts, in applying such lower or higher penalty, shallobserve the following graduated scales:SCALE NO. 11. 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. SCALE NO. 21. Perpetual absolute disqualification,2. Temporal absolute disqualification

3. Suspension from public office, the right to vote and bevoted for, the right to follow a profession or calling,4. Public censure,5. Fine.

: The abovementioned scales of penalty shall be followedwhen imposing the punishment on the accused.

Art. 72. Preference in the payment of the civil liabilities. The civil liabilities of a person found guilty of two ormore offenses shall be satisfied by following thechronological order of the dates of the judgments renderedagainst him, beginning with the first in order of time.

: This refers to the payment and civil liability of an individualas to when he or she should pay for such liability beginningwith the first.

Art. 73. Presumption in regard to the imposition of accessory penalties. Whenever the courts shall impose apenalty which, by provision of law, carries with it otherpenalties, according to the provisions of Articles 40, 41,42, 43 and 44 of this Code, it must be understood that theaccessory penalties are also imposed upon the convict.

: The provisions of Art. 40, 41, 42, 43 and 44 shall also beimposed on the convict who has been accessory to the crime.

Art. 74. Penalty higher than reclusion perpetua in certaincases. In cases in which the law prescribes a penaltyhigher than another given penalty, without speciallydesignating the name of the former, if such higher penaltyshould be that of death, the same penalty and theaccessory penalties of Article 40, shall be considered asthe next higher penalty.

: Since the Death penalty has been abolished, the next higherpenalty next to Reclusion perpetua, which in this case may belife imprisonment (although we do not say so), is next thenext possible punishment or the application of the three-foldrule.

Art. 75. Increasing or reducing the penalty of fine by oneor more degrees. Whenever it may be necessary toincrease or reduce the penalty of fine by one or moredegrees, it shall be increased or reduced, respectively, foreach degree, by one-fourth of the maximum amountprescribed by law, without however, changing theminimum.The same rules shall be observed with regard of fines thatdo not consist of a fixed amount, but are madeproportional.

: Depending on the degree of the crime, is the basis of howthe fine must be paid.

Art. 76. Legal period of duration of divisible penalties. The legal period of duration of divisible penalties shall beconsidered as divided into three parts, forming threeperiods, the minimum, the medium, and the maximum inthe manner shown in the following table:

Penalties RT PM,AD,SD

PC,S, D

AM Am

Entirety 12yrs& 1day

20yrs.

6 yrs& 1day 12

yrs

6mos.& 1day

6yrs

1month &1

day 6mos.

1-30days

Minimum 12yrs& 1day 14yrs& 8mos.

6 yrs& 1day 8yrs

6mos.& 1day 2yrs& 4mos.

1-2mos.

1-10days


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Medium 14yrs& 8mos. 17yrs,4mos.

8 yrs& 1day 10yrs

2yrs,4mos.& 1day 4yrs& 2mos.

2mos.& 1day 4mos.

11-20days

Maximum 17yrs,4mos.& 1day 20yrs.

10yrs& 1day 12yrs

4yrs,2mos.& 1day 6yrs.

4mos.& 1day 6mos.

21-30days

RTReclusion Temporal PCPrision CorreccionalPM Prision Mayor S -SuspensionAD Absolute Disqualification D - DestierroSD Special Disqualification AM Arresto MayorAm Arresto Menor

Art. 77. When the penalty is a complex one composed of three distinct penalties. In cases in which the lawprescribes a penalty composed of three distinct penalties,each one shall form a period; the lightest of them shall bethe minimum the next the medium, and the most severethe maximum period.Whenever the penalty prescribed does not have one of theforms specially provided for in this Code, the periods shallbe distributed, applying by analogy the prescribed rules.

: If the crime prescribes three (3) distinct penalties, each willform one period: minimum, medium and maximum. From thelightest to the most severe punishment to be imposed on theaccused.

Art. 78. When and how a penalty is to be executed. Nopenalty shall be executed except by virtue of a finaljudgment.A penalty shall not be executed in any other form thanthat prescribed by law, nor with any other circumstancesor incidents than those expressly authorized thereby.In addition to the provisions of the law, the specialregulations prescribed for the government of theinstitutions in which the penalties are to be suffered shallbe observed with regard to the character of the work to beperformed, the time of its performance, and otherincidents connected therewith, the relations of theconvicts among themselves and other persons, the relief which they may receive, and their diet.

The regulations shall make provision for the separation of the sexes in different institutions, or at least into differentdepartments and also for the correction and reform of theconvicts.

: The penalty is to be imposed once final judgment has beenserved to the accused.

Art. 79. Suspension of the execution and service of thepenalties in case of insanity. When a convict shallbecome insane or an imbecile after final sentence hasbeen pronounced, the execution of said sentence shall besuspended only with regard to the personal penalty, theprovisions of the second paragraph of circumstancenumber 1 of Article 12 being observed in thecorresponding cases.If at any time the convict shall recover his reason, hissentence shall be executed, unless the penalty shall haveprescribed in accordance with the provisions of this Code.The respective provisions of this section shall also beobserved if the insanity or imbecility occurs while theconvict is serving his sentence.

: If during the entirety of the sentence, an accused becomesinsane or an imbecile, his sentence will be commuted, and

should his sanity regain, will his sentence resume. Only inthese special cases will the sentence be commuted.

Art. 80. Suspension of sentence of minor delinquents. Whenever a minor of either sex, under sixteen years of ageat the date of the commission of a grave or less gravefelony, is accused thereof, the court, after hearing theevidence in the proper proceedings, instead of pronouncing judgment of conviction, shall suspend allfurther proceedings and shall commit such minor to thecustody or care of a public or private, benevolent orcharitable institution, established under the law of thecare, correction or education of orphaned, homeless,defective, and delinquent children, or to the custody orcare of any other responsible person in any other placesubject to visitation and supervision by the Director of Public Welfare or any of his agents or representatives, if there be any, or otherwise by the superintendent of publicschools or his representatives, subject to such conditionsas are prescribed herein below until such minor shall havereached his majority age or for such less period as thecourt may deem proper.The court, in committing said minor as provided above,shall take into consideration the religion of such minor, hisparents or next of kin, in order to avoid his commitment to

any private institution not under the control andsupervision of the religious sect or denomination to whichthey belong.The Director of Public Welfare or his duly authorizedrepresentatives or agents, the superintendent of publicschools or his representatives, or the person to whosecustody or care the minor has been committed, shallsubmit to the court every four months and as often asrequired in special cases, a written report on the good orbad conduct of said minor and the moral and intellectualprogress made by him.The suspension of the proceedings against a minor may beextended or shortened by the court on therecommendation of the Director of Public Welfare or hisauthorized representative or agents, or the superintendentof public schools or his representatives, according as towhether the conduct of such minor has been good or notand whether he has complied with the conditions imposedupon him, or not. The provisions of the first paragraph of this article shall not, however, be affected by thosecontained herein.If the minor has been committed to the custody or care of any of the institutions mentioned in the first paragraph of this article, with the approval of the Director of PublicWelfare and subject to such conditions as this official inaccordance with law may deem proper to impose, suchminor may be allowed to stay elsewhere under the care of a responsible person.If the minor has behaved properly and has complied withthe conditions imposed upon him during his confinement,in accordance with the provisions of this article, he shallbe returned to the court in order that the same may orderhis final release.In case the minor fails to behave properly or to complywith the regulations of the institution to which he has beencommitted or with the conditions imposed upon him whenhe was committed to the care of a responsible person, orin case he should be found incorrigible or his continuedstay in such institution should be inadvisable, he shall bereturned to the court in order that the same may renderthe judgment corresponding to the crime committed byhim.The expenses for the maintenance of a minor delinquentconfined in the institution to which he has been

committed, shall be borne totally or partially by hisparents or relatives or those persons liable to support him,if they are able to do so, in the discretion of the court;Provided, That in case his parents or relatives or thosepersons liable to support him have not been ordered to paysaid expenses or are found indigent and cannot pay saidexpenses, the municipality in which the offense wascommitted shall pay one-third of said expenses; theprovince to which the municipality belongs shall pay one-third; and the remaining one-third shall be borne by theNational Government: Provided, however, That whenever


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the Secretary of Finance certifies that a municipality is notable to pay its share in the expenses above mentioned,such share which is not paid by said municipality shall beborne by the National Government. Chartered cities shallpay two-thirds of said expenses; and in case a charteredcity cannot pay said expenses, the internal revenueallotments which may be due to said city shall be withheldand applied in settlement of said indebtedness inaccordance with section five hundred and eighty-eight of th

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