Criminal Law Reviewer(1)

7/27/2019 Criminal Law Reviewer(1)

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Criminal Law Reviewer (Art. 1-113)

Criminal Law Reviewer (Art. 1-113)

Criminal Law is that branch of public substantive law which defines offenses and prescribestheir penalties. It is also that branch 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 the country governs all persons within the countryregardless of their race, belief, sex, or creed. However, it is subject to certain exceptionsbrought about by international agreement. Ambassadors, chiefs of states and otherdiplomatic officials are immune from the application of penal laws when they are in thecountry where they are assigned. (Hindi kasama dito ang diplomats, etc.)

2) Territoriality - means that the penal laws of the country have force and effect only within itsterritory. It cannot penalize crimes committed outside the same. This is subject to certainexceptions brought about by international agreements and practice. The territory of thecountry is not limited to the land where its sovereignty resides but includes also its maritimeand interior waters as well as its atmosphere. (kasama lahat dito!)

- Terrestrial: jurisdiction exercised over the land- Fluvial: jurisdiction over maritime and interior waters (3-5 nautical miles from the shore,

sakop pa rin natin)- Aerial: jurisdiction over the atmosphere (airspace natin)

3) Prospectivity - Acts or omissions will only be subject to a penal law if they are committedafter a penal law had already taken effect. Vice-versa, this act or omission which has beencommitted before the effectivity of a penal law could not be penalized by such penal law

because penal laws operate only prospectively.

French RuleThe French Rule provides that the nationality of the vessel follows the flag which the vesselflies, unless the crime committed endangers the national security of a foreign country wherethe vessel is within jurisdiction in which case such foreign country will never lose jurisdictionover such vessel.

American Rule / Anglo-Saxon RuleThis rule strictly enforces the territoriality of criminal law. The law of the foreign countrywhere a foreign vessel is within its jurisdiction is strictly applied, except if the crime affectsonly the internal management of the vessel in which case it is subject to the penal law of the

country where it is registered.

Nullum crimen, nulla poena sine lege There is no crime when there is no law punishingthe same.

- This is true to civil law countries, but not to common law countries.- No matter how wrongful, evil or bad the act is, if there is no law defining the act, the same

is not considered a crime.- Common law crimes are wrongful acts which the community/society condemns as

contemptible, even though there is no law declaring the act criminal.


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- Not any law punishing an act or omission may be valid as a criminal law. If the law punishingan act is ambiguous, it is null and void.

Actus non facit reum, nisi mens sit rea The act cannot be criminal where the mind isnot criminal.

- This is true to a felony characterized by dolo, but not a felony resulting from culpa.- This maxim is not an absolute one because it is not applied to culpable felonies, or those that

result from negligence.

Mens Rea in laymans terms: bulls-eye of a crime. Synonymous with criminal ordeliberate intent, but that is not correct. It still depends on the elements of the crime. Youcan only detect the mens rea of a crime by knowing the particular crime committed. Withoutreference to a particular crime, this term is meaningless.Ex. In theft, mens rea is taking the property with intent to gain. In falsification, mens rea, isthe effect of the forgery with 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 mo

gagamitin or ibebenta, the mere fact na nasa pagmamay-ari mo ito, bawal pa rin!

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

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

Misdemeanor: a minor infraction of the law, such as a violation of an ordinance, is referredto as a misdemeanor.

Crime: whether the wrongdoing is punished under the Revised Penal Code or under a speciallaw, the generic word crime can be used.

Mistake of Fact:When the offender acted out of a mistake of fact, criminal intent is negated, so do notpresume that the act was done with criminal intent. This is absolutory if crime involved dolo.

Dolo has three requisites:

1) Criminal Intent2) Freedom of action3) Intelligence

Culpa has three requisites as well:


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

2) freedom of action on the part of the offender, that is, he was not acting under duress; and 3) Intelligence on the part of the offender in performing 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 to kill in the crimes of attempted or frustrated homicide /parricide /murder. Theprosecution has the burden of proving the same.

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 special law or what is called mala prohibita(um)

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

Distinction between intent and motive:Intent is demonstrated by the use of a particular means to bring about a desired result it isnot a state of mind or a reason for committing a crime. On the other hand, motive impliesmotion. It is the moving power which impels one to do 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. A wanted to kill B, but kill Cinstead, this is considered as mistake in identity.

Abberatio ictus mistake in blow (wrong shot; bullet went the other way etc.) Ex. A shot B,but instead, the bullet ricocheted (bounced off) from the wall and hit C. (best example fromCSI: Las Vegas where a guy in avoiding an incoming blow and someone got hit instead and thatfellow died of injuries to the head hours later.)Praeter intentionem where the consequence exceeded the intention. Ex. A dropped a pailof water on Bs head, his intention was just a joke and getting B wet. But instead of gettingwet, B died due to hemorrhage to the skull suffered from the injuries. (another best examplein CSI: New York, where a sorority member inserted a canister on an inhaler of a sistersorority to set the mood (the said canister was said to heighten sexual appetite) not knowing


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of her previous condition (which was asthma) which collided and thus killing her instead ofsetting mood, she died of orgasm.)

Proximate cause:Article 4, Paragraph 1, presupposes that the act done was a proximate 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 or property were it not for the inherentimpossibility of its accomplishment or on account of the employment of inadequate orineffectual means.Ex. A houseboy on the intention of raping his beautiful master went upstairs unlocked thedoor and proceeded to rape her without knowing that she was dead to begin with. Animpossible crime was committed.

Article 4, Paragraph 1 this refers to the wrongful act done constituted a felony, although it

might be different from what he intended. Ex. In saving Ds life from imminent danger ofbeing hit by an oncoming truck, A yanked him out and set him aside. Not realizing that therewere snakes or spikes where he shoved him thus resulting in his death.Article 4, Paragraph 2 this refers to a situation where the wrongful act did not constituteany felony, but because the act would have given rise to a crime against persons or againstproperty, the same is penalized to repress criminal tendencies to curtail their frequency.

Article 5 of the RPC covers two (2) instances:1) The court cannot convict the accused because the acts do not constitute a crime. The proper

judgment is acquittal, but the court is mandated to report to the Chief Executive that saidact be made subject of penal legislation and why. Ex. There is no crime committed, thusresulting in the persons freedom/acquittal. (best example from CSI: Miami, when a guy was

convicted of shooting a man, but since there was no GSR (gunshot residue) found on him,evidence showed otherwise, thus acquitting him.)

2) Where the court finds the penalty prescribed for the crime too harsh considering theconditions surrounding the commission of the crime, the judge should impose the law. Themost that he could do is to recommend to the Chief Executive to grant executive clemency.Ex. In the case of complex crimes, although the punishment be given be the highest level ofpunishment, they recommend to the President that the prisoner be granted pardon orclemency (best example when Michael Scofields brother 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, but only injuries were sustained.2) Frustrated the crime that happened was in progress to 75% of the event, believing that the

victim was already dead, the killer fled the scene not knowing that the victim still had a pulseand survived because the victim was brought to the hospital where he was saved.

3) Consummated total death for the victim killed or murdered.

Note that there is no frustrated rape only consummated, no matter how thepenetration happened, it was still consummated.


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

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

Formal Crimes are crimes which are consummated in one instance.

The difference between attempted and frustrated stage lies on whether the offender hasperformed all the acts or execution for the accomplishment of the crime.

Literally, under the article 6, if the offender has performed all the acts of execution whichshould produce the felony as a consequence but the felony was not realized, then the crime isalready in the frustrated stage. If the offender has not yet performed all the acts ofexecution there is yet something to be performed but he was not able to perform all theacts of execution due to some cause or accident other than his own spontaneous desistance,then you have an attempted felony.

Desistance:On the part of the offender negates criminal liability in the attempted stage. Desistance istrue only in the attempted stage of the felony. If under the definition of the felony, the actdone is already in the frustrated stage, no amount of desistance will negate criminal liability.

Whether the felony is attempted, frustrated or consummated, here are the following criteriainvolved:

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

Manner of committing a crime

Ex. Bribery. Can the crime of frustrated bribery be committed? No.

It usually takes 2 to tango. Meaning there is a principal and an accomplice. And 2 people totake part in the crime. As mentioned earlier there is no such thing as frustrated rape. In rape,it requires the connection of the offender and the offended party. No penetration at all,there is only an attempted stage. Slightest penetration or slightest connection,consummated. You will notice this from the nature of the crime requiring two participants.

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

(1) The injury should bring about the ugliness;

(2) The ugliness must be visible;

(3) The ugliness would not disappear through natural healing process.

Elements of a crime:1) Element of intent to damage2) The damage inflicted


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3) 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

minds towards a common criminal goal or criminal objective. When several offenders act in asynchronized, coordinated manner, the fact that their acts complimented each other isindicative of the meeting of the minds. There is an implied agreement.

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 to get back at the person who attacked them thus resulting in his death.

Proposal to commit murder is not a crime. But if B accepts the proposal, there will beconspiracy to commit murder which is a crime under the Revised Penal Code.

When the conspiracy is only a basis of incurring criminal liability, there must be an overt actdone before the co-conspirators become criminally liable. When the conspiracy itself is acrime, this cannot be inferred or deduced because there is no overt act. All that there is theagreement. On the other hand, if the co-conspirator or any of them would execute an overtact, the crime would no longer be the conspiracy but the overt act itself.

Composite crimes are crimes which, in substance, consist of more than one crime but in theeyes of the law, there is only one crime. Ex. Crimes with robbery with rape, robbery withhomicide, robbery with physical injuries.

Complex crimes are crimes which in sum, consist of a mixture of two crimes, but thepenalty that will be imposed shall be the one with the graver offense.

Classifications of felonies:

1) According to the manner of their commission. Under Article 3, they are classified as,intentional felonies or those committed with deliberate intent; and culpable felonies or thoseresulting from negligence, reckless imprudence, lack of foresight or lack of skill.

2) According to the stages of their execution. Under Article 6., felonies are classified asattempted felony when the offender commences the commission of a felony directly by overtacts, and does not perform all the acts of execution which should produce the felony byreason of some cause or accident other than his own spontaneous desistance; frustratedfelony when the offender commences the commission of a felony as a consequence but whichwould produce the felony as a consequence but which nevertheless do not produce the felonyby reason of causes independent of the perpetrator; and, consummated felony when all theelements necessary for its execution are present.


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3) According to their gravity. Under Article 9, felonies are classified as grave felonies or those towhich attaches the capital punishment or penalties which in any of their periods areafflictive; less grave felonies or those to which the law punishes with penalties which in theirmaximum period was correccional; and light felonies or those infractions of law for thecommission of which the penalty is arresto 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 the RPC:1) Absolutory cause2) Extenuating circumstances

Absolutory cause: The effect of this is to absolve the offender from criminal liability,although not from civil liability. It has the same effect as an exempting circumstance, butyou do not call it as such in order not to confuse it with the circumstances under Article 12. Ithas the effect of an exempting circumstance and they are predicated on lack of voluntarinesslike instigation. Instigation is associated with criminal intent.

Difference between instigation and entrapmentIn instigation, the criminal plan or design exists in the mind of the law enforcer with whomthe person instigated cooperated so it is said that the person instigated is acting only as amere instrument or tool of the law enforcer in the performance of his duties.

On the other hand, in entrapment, a criminal design is already in the mind of the personentrapped. It did not emanate from the mind of the law enforcer entrapping him. Entrapmentinvolves only ways and means which are laid down or resorted to facilitate the apprehensionof the culprit.

Extenuating circumstanceThe effect of this is to mitigate the criminal liability of the offender. In other words, this hasthe same effect as mitigating circumstances, only you do not call it mitigating because this isnot 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 been done within the bounds of law; hence, it is

legitimate 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 no criminal liability as well as civil liability

Exempting Circumstances:


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1) The circumstances affect the actor, not the act;2) The act complained of is actually wrongful, but the actor acted without voluntariness. He is a

mere tool or instrument of the crime;3) Since the act complained of is actually wrongful, there is a crime. But because the actor

acted without voluntariness, there is absence of dolo or culpa. There is no criminal;4) Since there is a crime committed but there is no criminal, there is civil liability for the wrong

done. But there is no criminal liability. However, in paragraphs 4 and 7 of Article 12, there isneither criminal nor civil liability.

Justifying Circumstances:Since the justifying circumstances are in the nature of defensive acts, there must be alwaysunlawful aggression. The reasonableness of the means employed depends on the gravity ofthe aggression. If the unlawful aggressor was killed, this can only be justified if it was doneto save the life of the person defending or the person being defended. The equation is lifewas 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 person making the defense is also thesubject of unlawful aggression. Life cannot be equal to property.

Defense of strangerIf the person being defended is already a second cousin, you do not invoke defense of relativeanymore. It will be defense of stranger. This is vital because if the person making thedefense acted out or revenge, resentment or some evil motive in killing the aggressor, hecannot invoke the justifying circumstance if the relative defended is already a stranger in theeyes of the law. On the other hand, if the relative defended is still within the coverage ofdefense of relative, even though he acted out of some evil motive, it would still apply. It is

enough that there was unlawful aggression against the relative defended, and that the persondefending did not contribute to the unlawful aggression.

Incomplete self-defense or incomplete justifying circumstance or incomplete exemptingcircumstancesWhen you say incomplete justifying circumstance, it means that not all the requisites tojustify the act are present or not the requisites to exempt from criminal liability are present.

First, to have incomplete self-defense, the offended party must be guilty of unlawfulaggression. Without this, there can be no incomplete self-defense, defense of relative, ordefense of stranger.

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

Third, if aside from the element of unlawful aggression another requisite, but not all, arepresent, the offender shall be given the benefit of a privileged mitigating circumstance. Insuch a case, the imposable penalty shall be reduced by one or two degrees depending uponhow the court regards the importance of the requisites present. Or absent.


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State of necessity this is the commission of a crime to avoid an imminent and clear presentdanger.

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

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

2) The resulting felony is the unavoidable consequence of the due fulfillment of the duty or thelawful exercise of the right or office

Exempting Circumstances:The reason for the exemption lies on the involuntariness of the act one or some of theingredients of voluntariness such as 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 complete

deprivation of intelligence in committing the crime and test of volition, whether the accused

acted in total deprivation of freedom of will.2) Minority

Damnum absque injuria the offender is exempt from criminal liability but of civilliability as well.

Mitigating Circumstances:These are accompanying or accessory condition, event, or fact that (though not constituting ajustification or excuse of an offense) may be considered by the courts as reducing the degreeof culpability or liability of the accused. Such circumstances may include family or personalsituations, and may help in attracting a sentence less severe than a typical sentence forsimilar offenses.There are two distinctions: ordinary and privileged.

1) As to the nature of the circumstances, ordinary mitigating circumstance can be offset byaggravating circumstances, while privileged can never be offset.

2) As to effect, ordinary, if not offset will operate to reduce the penalty to a minimum period,provided the penalty is a divisible one (negotiable. Meaning if you hear the words of anofficer Man 1, but because of the offenders confession and divulging of other vitalinformation, Man 1 with reduced sentence of up to 5 years with probation). With privileged, itoperates to reduce the penalty by one or two degree, depending on what the law provides.

Sufficient threat or provocation:This is mitigating only if the crime was committed on the very person who made the threat orprovocation. The common set-up given in a bar problem is that of provocation was given bysomebody. The person provoked cannot retaliate against him; thus, the person provokedretaliated on a younger brother or on an elder father. Although in fact, there is sufficientprovocation, it is not mitigating because the one who gives the provocation is not the oneagainst whom the crime was committed.

Diminished self control has two criteria:


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1) Time has lapsed after the provocation was initially given (ex. A guy was insulted at thismoment, and retaliated back after 24 hours. Giving him enough time to think of his actions)

2) If there is that time element and at the same time, facts are given indicating that at the timethe offender committed the crime, he is still suffering from outrage of the threat orprovocation done to him, then he will still get the benefit of this mitigating circumstance.

Vindication of a grave offense, the vindication need not be done by the person upon whomthe grave offense was committed.Passion or obfuscation this stands on the premise or proposition that the offender issuffering from a diminished self-control because of passion or obfuscation. Passion must belegitimate.

This occurs when an assault on spouse or loved one is prominent, and because of a jealousoutbreak you end up killing the person assaulting your spouse or loved-one.

Physical defect is another mitigating circumstance. Regardless of any physical defect a personmay still commit a crime as the other parts of the body are fully functioning and could stillcommence the crime. Blind, and invalid are not exempted. Some parts of their body are still

working.

Aggravating Circumstances:Circumstances that increase the seriousness or outrageousness of a given crime, and that inturn increase the wrongdoer'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 Qualifying circumstances

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 it

is proved during trial, the court would consider the same in imposing the penalty;3) It is not an ingredient of a crime. It only affects the penalty to be imposed but the crime

remains the same

In qualifying circumstances:1) The circumstance affects the nature of the crime itself such that the offender shall be liable

for a more serious crime. The circumstance is actually an ingredient of the crime2) Being an ingredient of the crime, it cannot be offset by any mitigating circumstance 3) Qualifying circumstances to be appreciated as such must be specifically alleged in the

complaint or information. If not alleged but proven during the trial, it will be considered onlyas generic aggravating circumstance. If this happens, they are susceptible of being offset by amitigating circumstance

Aggravating circumstances includes:


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1) Taking advantage of public position this means you use public office as a medium tocommence a crime thinking that you wouldnt be convicted (well guess again!)

2) Disrespect due to age, rank and sex this refers to old, young and for the sex, its the female3) Abuse of confidence this is not mere betrayal of trust just because in example you left your

daughter in the trust of a neighbor and your neighbor rapes your daughter. That is notaggravating, what is aggravating if it was done to you.

4) Dwelling this refers to house, regardless if its yours or not!5) Band obviously this refers to more than 3 people! It would 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 away from civilization, if this is you, it would be

so unfair as the criminal intends that you wont be saved, this is considered as aggravating.7) Nighttime you are rendered defenseless at this point in moment in time. You are sleeping, so

killing you while sleeping aggravates the whole thing!8) Treachery violation of allegiance or faith. You create this once your allegiance/loyalty to

someone is 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 Horatios son Kyle who at the time of theoffense was 15, ranking him as a juvenile)

12)Craft, disguise or fraud be used in committing a crime.13)If you create an explosion, poison, stranding a vessel, fire, (all man-made accidents) these

also aggravate the situation. If you use these examples to hide your crime, then youre facingjail time for a lifetime.

14)If you accepted a bribe, reward or price in exchange for a commencement of a crime, wellconsider these things aggravating.

15)Another aggravating circumstances, you kill someone and being a show-off, you exposed theperson, not only dead, but naked as well and hung him on a tree, this is ignominy. Kumbagasa dead, double-dead na ito!

16)If you use your size to get your way and in the end resulting in death, then this is alsoconsidered as aggravating.

17)During natural causes of accidents like earthquake or epidemic and you used it as a cover foryour crime, this is also aggravating. (Best example of this, CSI: Miami, a robbery took placeduring a tsunami event. The robbers used a geologist to cover for them. Talk about goodresearch! But regardless, its still aggravating circumstances)

18)If you commit a crime in the executive palace, regardless of the existence of the president ornot, the grounds are still aggravating. Especially if you shoot a gun inside a church!

19)If you insult a public officer, that is also an aggravating circumstance.20)If you also asked the help of armed men, it also aggravates the case.

Recidivism the offender at the time of the trial shall have been previously convicted by finaljudgment of another in the same title of the RPC. Ex. A guy committed murder last 2 months

ago, and now he is being convicted of homicide.

Reiteration the offender has been punished for an offense which the law attaches an equalgreater penalty for two or more crimes to which it attaches a lighter penalty. This time,separate titles are applicable. Ex. Robbery with rape is a good example.

Habitual delinquency the offender within a 10-year period from the date of release orconviction of the crimes: robbery, estafa, murder, the third time.


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

These offenses also cover the part when youre drunk (so stop drinking!)It doesnt care if youve finished a college degree or a simple 1st grader. Everyone has atendency 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. Examples are rape, murder, robbery, treason.

Light felonies:These felonies, are punishable by lightest punishments: arresto menor, bail. These arecommenced due to infractions and misdemeanors.

Accessories who are exempt from Criminal Liability are your relatives, siblings, spouses.

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 shall be punishable by any penaltynot prescribed by law prior to its commission.


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: Meaning, you cannot punish anyone with any penalty if he or she did not commit any crime,thus the legal maxim: Nullum crimen, 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 and evidence showed otherwise. Should theman be convicted of murder or not?

A: No, he shouldnt be.

There was no felony committed, therefore, no penalty is prescribed by law punishing it, thusthe legal maxim: Nullum crimen, nulla poena sine lege there is no crime when there is nolaw punishing the same.

In the case given, although the man was convicted of murder, the evidence and alibi does nottie him to the crime.

Thus eliminating him of any liability for there was no crime committed.

Art. 22. Retroactive effect of penal laws.

Penal Laws shall have a retroactive effectinsofar as they favor the persons guilty of a felony, who is not a habitual criminal, as thisterm is defined in Rule 5 of Article 62 of this Code, although at the time of thepublication of such laws a final sentence has been pronounced and the convict is servingthe same.

: With relation to Art. 4 of the Civil Code: Laws shall have no retroactive effect unlessotherwise provided, meaning, laws are usually prospective. They never look back. Say forexample, a man committed a crime of murder, if he was sentenced for the penalty of thedeath sentence, and since it was abolished, it will no longer follow. Should it be implementedback, he is no longer covered by such punishment.

Art. 23. Effect of pardon by the offended party.

A pardon of the offended party doesnot extinguish criminal action except as provided in Article 344 of this Code; but civilliability with regard to the interest of the injured party is extinguished by his expresswaiver.

: This is in connection to the pardoning of the President to the accused. Usually in the case ofrape, unless the person is forgiven by the victim, then the offender is not pardoned. Thedifference between amnesty and pardon lies between the erasure of the conviction and thecrime itself. Pardon, excuses the convict from serving the sentence.Ex: Suppose, instead of amnesty, what was given was absolute pardon, then years later, theoffender was again captured and charged for rebellion, he was convicted, is he a recidivist?

A: Yes, he is.

Pardon, although absolute, does not erase the effects of conviction. It only excuses theaccused from serving his sentence.

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


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Art. 24.Measures of prevention or safety which are not considered penalties. Thefollowing shall not be considered as penalties:1. The arrest and temporary detention of accused persons, as well as their detention byreason of insanity or imbecility, or illness requiring their confinement in a hospital.2. The commitment of a minor to any of the institutions mentioned in Article 80 and for

the purposes specified therein.3. Suspension from the employment of public office during the trial or in order toinstitute proceedings.4. Fines and other corrective measures which, in the exercise of their administrativedisciplinary powers, superior officials may impose upon their subordinates.5. Deprivation of rights and the reparations which the civil laws may establish in penalform.

: The abovementioned are not penalties for a crime. Rather they are just part of due processgiven to an accused.

Art. 25. Penalties which may be imposed. The penalties which may be imposed

according to this Code, and their different classes, are those included in the following:

Capital punishment: DeathAfflictive penalties: Reclusion perpetua, Reclusion temporal, Perpetual or temporaryabsolute disqualification, Perpetual or temporary special disqualification, Prision mayor. Correctional penalties: Prision correccional, Arresto mayor, 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 be voted for, the profession or callingCivil interdictionIndemnificationForfeiture or confiscation of instruments and proceeds of the offensePayment of costs

: The abovementioned are penalties imposed on the criminal offenses being committed byoffenders.

Art. 26. When afflictive, correctional, or light penalty. A fine, whether imposed as asingle of as an alternative penalty, shall be considered an afflictive penalty, if it exceeds6,000 pesos; a correctional penalty, if it does not exceed 6,000 pesos but is not less than200 pesos; and a light penalty if it less than 200 pesos.: This means you could just pay for bail, if what you committed did not meet the penaltiesmentioned in the preceding article.

Art. 27. Reclusion perpetua. Any person sentence to any of the perpetual penalties shallbe pardoned after undergoing the penalty for thirty years, unless such person by reasonof his conduct or some other serious cause shall be considered by the Chief Executive asunworthy of pardon. (20 years and 1 day to 40 years)


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Reclusion temporal. The penalty of reclusion temporal shall be from twelve years andone day to twenty years.

Prision mayor and temporary disqualification. The duration of the penalties of prisionmayor and temporary disqualification shall be from six years and one day to twelve years,except when the penalty of disqualification is imposed as an accessory penalty, in which

case its duration shall be that of the principal penalty.

Prision correccional, suspension, and destierro. The duration of the penalties of prisioncorreccional, suspension and destierro shall be from six months and one day to six years,except when suspension is imposed as an accessory penalty, in which case, its durationshall be that of the principal penalty.

Arresto mayor. The duration of the penalty of arresto mayor shall be from one monthand one day to six months.

Arresto menor. The duration of the penalty of arresto menor shall be from one day tothirty days.

Bond to keep the peace. The bond to keep the peace shall be required to cover suchperiod of time as the court may determine.

: The abovementioned penalties are to be given on offenders when they have committed acrime, depending on the lightness and gravity of the crime committed. The gravest beingReclusion perpetua since the Death sentence has been abolished. And bond to keep peace asthe lightest.

Art. 28. Computation of penalties. If the offender shall be in prison, the term of theduration of the temporary penalties 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 ofdeprivation of liberty shall be computed from the day that the offender is placed at thedisposal of the judicial authorities for the enforcement of the penalty. The duration ofthe other penalties shall be computed 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 temporal after committing a crime ofhomicide should be serving a sentence of twenty years and one day to forty years?

A: False.

The Revised Penal Code provides that Reclusion temporal is supposed to be served twelveyears and one day to twenty years.

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

Art. 29. Period of preventive imprisonment deducted from term of imprisonment.Offenders who have undergone preventive imprisonment shall be credited in the service


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of their sentence consisting of deprivation of liberty, with the full time during which theyhave undergone preventive imprisonment, if the detention prisoner agrees voluntarily inwriting to abide by the same disciplinary rules imposed upon convicted prisoners, exceptin the following cases:1. When they are recidivists or have been convicted previously twice or more times ofany crime; and

2. When upon being summoned for the execution of their sentence they have failed tosurrender voluntarily.If the detention prisoner does not agree to abide by the same disciplinary rules imposedupon convicted prisoners, he shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment.

Whenever an accused has undergone preventive imprisonment for a period equal to ormore than the possible maximum imprisonment of the offense charged to which he maybe sentenced and his case is not yet terminated, he shall be released immediatelywithout prejudice to the continuation of the trial thereof or the proceeding on appeal, ifthe same is under review. In case the 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 their sentences to prevent them fromcommitting another crime.

Art. 30. Effects of the penalties of perpetual or temporary absolute disqualification.The penalties of perpetual or temporary absolute disqualification for public office shallproduce the following effects:1. The deprivation of the public offices and employments which the offender may haveheld even if conferred by popular election.2. The deprivation of the right to vote in any election for any popular office or to beelected to such office.3. The disqualification for the offices or public employments and for the exercise of anyof the rights mentioned. In case of temporary disqualification, such disqualification as iscomprised 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 pension for any office formerly held.

: This is in line with the sentence: Public office is a public trust. Ex: A public officer committed a crime of rape with murder. His final judgment was perpetualor temporary absolute disqualification. 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 officer commenced such crime, he is not fit tobe trusted and must be stripped of his duties and obligations to the public.

In the given case at bar, the public officer committed rape with murder, therefore, he cannotbe trusted and must be stripped of his office, duties and obligations as a public officer, aspublic office is a public trust.


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Art. 31. Effect of the penalties of perpetual or temporary special disqualification. Thepenalties of perpetual or temporal special disqualification for public office, profession orcalling shall produce the following effects:1. The deprivation of the office, employment, profession or calling affected;2. The disqualification for holding similar offices or employments either perpetually orduring the term of the sentence according to the extent of such disqualification.

: People in office who had committed a crime shall be deprived of their office. Like in royaltyfor example, if the king commits a crime, he is forced to abdicate and thereby stripped of histitle and office.

Art. 32. Effect of the penalties of perpetual or temporary special disqualification for theexercise of the right of suffrage.The perpetual or temporary special disqualification forthe exercise of the right of suffrage shall deprive the offender perpetually or during theterm of the sentence, according to the nature of said penalty, of the right to vote in anypopular election for any public office or to be elected to such office. Moreover, theoffender shall not be permitted to hold any public office during the period of hisdisqualification.

: Again with connection to public office is a public trust, the offender may not hold any officeduring his term of sentence. They will be deprived the right to vote in any popular electionfor any public office.

Art. 33. Effects of the penalties of suspension from any public office, profession orcalling, or the right of suffrage. The suspension from public office, profession orcalling, and the exercise of the right of suffrage shall disqualify the offender from holdingsuch office or exercising such profession or calling or right of suffrage during the term ofthe sentence.The person suspended from holding public office shall not hold another having similarfunctions during the period of his suspension.

: In connection with the holding of public office, one may be suspended from holding publicoffice and shall not hold another having similar functions during the period of his suspension.

Art. 34. Civil interdiction. Civil interdiction shall deprive the offender during the timeof his sentence of the rights of parental authority, or guardianship, either as to theperson or property of any ward, of marital authority, of the right to manage his propertyand of the right to dispose of such property by any act or any conveyance inter vivos.

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

Art. 35. Effects of bond to keep the peace. It shall be the duty of any person sentencedto give bond to keep the peace, to present two sufficient sureties who shall undertakethat such person will not commit the offense sought to be prevented, and that in casesuch offense be 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 toguarantee said undertaking.The court shall determine, according to its discretion, the period of duration of the bond.


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Should the person sentenced fail to give the bond as required he shall be detained for aperiod which shall in no case exceed six months, is he shall have been prosecuted for agrave or less grave felony, and shall not exceed thirty days, if for a light felony.

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

Art. 36. Pardon; its effect. A pardon shall not work the restoration of the right to holdpublic 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 the payment of the civil indemnityimposed upon him by the sentence.

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

Art. 37. Cost; What are included. Costs shall include fees and indemnities in the courseof the judicial proceedings, whether they be fixed or unalterable amounts previously

determined by law or regulations in force, or amounts not subject 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 case the property of the offendershould not be sufficient for the payment of all his pecuniary liabilities, the same shall bemet 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 equalamount in which the victim paid for it or you find a way to repair it.

Art. 39. Subsidiary penalty. If the convict has no property with which to meet the finementioned in the paragraph 3 of the nest preceding article, he shall be subject to asubsidiary personal liability at the rate of one day for each eight pesos, subject to thefollowing rules:1. If the principal penalty imposed be prision correccional or arresto and fine, he shallremain under confinement until his fine referred to in the preceding paragraph issatisfied, but his subsidiary imprisonment shall not exceed one-third of the term of thesentence, and in no case shall it 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, the subsidiary imprisonment shallnot exceed six months, if the culprit shall have been prosecuted for a grave or less gravefelony, and shall not exceed fifteen days, if for a light felony.3. When the principal imposed is higher than prision correccional, no subsidiaryimprisonment shall be imposed upon the culprit. 4. If the principal penalty imposed is not to be executed by confinement in a penalinstitution, but such penalty is of fixed duration, the convict, during the period of time


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established in the preceding rules, shall continue to suffer the same deprivations as thoseof which the principal penalty consists.chan robles virtual law library5. The subsidiary personal liability which the convict may have suffered by reason of hisinsolvency shall not relieve him, from the fine in case his financial circumstances shouldimprove.

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

Art. 40. Death; Its accessory penalties. The death penalty, when it is not executed byreason of commutation or pardon shall carry with it that of perpetual absolutedisqualification and that of civil interdiction during thirty years following the datesentence, unless such accessory penalties have been expressly remitted in the pardon.

: This has been abolished, so, at some point no longer applicable. Although it is still includedin the RPC, it is respected as a resource.

Art. 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. The

penalties of reclusion perpetua and reclusion temporal shall carry with them that of civilinterdiction for life or during the period of the sentence as the case may be, and that ofperpetual absolute disqualification which the offender shall suffer even though pardonedas to the principal penalty, unless the same shall have been expressly remitted in thepardon.

Art. 42. Prision mayor; Its accessory penalties. The penalty of prision mayor, shallcarry with it that of temporary absolute disqualification and that of perpetual specialdisqualification from the right of suffrage which the offender shall suffer althoughpardoned as to the principal penalty, unless the same shall have been expressly remittedin the pardon.

Art. 43. Prision correccional; Its accessory penalties.

The penalty of prisioncorreccional shall carry with it that of suspension from public office, from the right tofollow a profession or calling, and that of perpetual special disqualification from the rightof suffrage, if the duration of said imprisonment shall exceed eighteen months. Theoffender shall suffer the disqualification provided in the article although pardoned as tothe principal penalty, unless the same shall have been expressly remitted in the pardon.

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

Art. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. Everypenalty imposed for the commission of a felony shall carry with it the forfeiture of theproceeds of the crime and the instruments or tools with which it was committed.Such proceeds and instruments or tools shall be confiscated and forfeited in favor of theGovernment, unless they be property of a third person not liable for the offense, butthose articles which are not subject of lawful commerce shall be destroyed.


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Art. 46. Penalty to be imposed upon principals in general. The penalty prescribed bylaw for the commission of a felony shall be imposed upon the principals in the commissionof such felony.Whenever the law prescribes a penalty for a felony is general terms, it shall beunderstood as applicable to the consummated felony.

: This means, all the crimes have been on the consummated stage.

Art. 47. In what cases the death penalty shall not be imposed. The death penalty shallbe imposed in all cases in which it must be imposed under existing laws, except in thefollowing cases:1. When the guilty person be more than seventy years of age.2. When upon appeal or revision of the case by the Supreme court, all the membersthereof are not unanimous in their voting as to the propriety of the imposition of thedeath penalty. For the imposition of said penalty or for the confirmation of a judgment ofthe inferior court imposing the death sentence, the Supreme Court shall render itsdecision per curiam, which shall be signed by all justices of said court, unless somemember or members thereof shall have been disqualified from taking part in the

consideration of the case, in which even the unanimous vote and signature of only theremaining justices shall be required.

: Although the Death sentence is no longer commutable, this is to be implemented once aperson is convicted.

Art. 48. Penalty for complex crimes. When a single act constitutes two or more grave orless 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 itsmaximum period.

: This is when a single act, becomes a crime.Ex: In the intention of keeping the peace, a police, fires a gun towards a robber, but since thebullet did a projectile hitting another bystander thereby killing two people. Was there acomplex crime committed?

A: Yes, there was.

Complex crime is defined as a single act that constitutes two or more grave or less gravefelonies.

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

Thus, the police committed a complex crime.

Art. 49. Penalty to be imposed upon the principals when the crime committed is differentfrom that intended. In cases in which the felony committed is different from that whichthe offender intended to commit, the following rules shall be observed:


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1. If the penalty prescribed for the felony committed be higher than that correspondingto the offense which the accused intended to commit, the penalty corresponding to thelatter shall be imposed in its maximum period.2. If the penalty prescribed for the felony committed be lower than that corresponding tothe one which the accused intended to commit, the penalty for the former shall beimposed in its maximum period.

3. The rule established by the next preceding paragraph shall not be applicable if the actscommitted by the guilty person shall also constitute an attempt or frustration of anothercrime, if the law prescribes a higher penalty for either of the latter offenses, in whichcase the penalty provided for the attempted or the frustrated crime shall be imposed inits maximum period.

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

Art. 50. Penalty to be imposed upon principals of a frustrated crime. The penalty nextlower in degree than that prescribed by law for the consummated felony shall be imposedupon the principal in a frustrated felony.

: Referring to the graduated scale of penalties, the penalty to be given in frustrated crime isthe next lower in degree.Ex: A crime of frustrated rape is committed. Rape is usually punishable with Reclusionperpetua, 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 bytwo degrees than that prescribed by law for the consummated felony shall be imposedupon theprincipals in an attempt to commit a felony.

: This punishment say for example is to be imposed on attempted rape, then two (2) degreeslower which is Prision mayor.

Art. 52. Penalty to be imposed upon accomplices in consummated crime. The penaltynext lower in degree than that prescribed by law for the consummated shall be imposedupon the accomplices in the commission of a consummated felony.

Art. 53. Penalty to be imposed upon accessories to the commission of a consummatedfelony. The penalty lower by two degrees than that prescribed by law for theconsummated felony shall be imposed upon the accessories to the commission of aconsummated felony.

Art. 54. Penalty to imposed upon accomplices in a frustrated crime. The penalty nextlower in degree than prescribed by law for the frustrated felony shall be imposed uponthe accomplices in the commission of a frustrated felony.

Art. 55. Penalty to be imposed upon accessories of a frustrated crime. The penaltylower by two degrees than that prescribed by law for the frustrated felony shall beimposed upon the accessories to the commission of a frustrated felony.


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Art. 56. Penalty to be imposed upon accomplices in an attempted crime. The penaltynext lower in degree than that prescribed by law for an attempt to commit a felony shallbe imposed upon the accomplices in an attempt to commit the felony.

Art. 57. Penalty to be imposed upon accessories of an attempted crime. The penaltylower by two degrees than that prescribed by law for the attempted felony shall be

imposed upon the accessories to the attempt to commit a felony.

Art. 58.Additional penalty to be imposed upon certain accessories. Those accessoriesfalling within the terms of paragraphs 3 of Article 19 of this Code who should act withabuse of their public functions, shall suffer the additional penalty of absolute perpetualdisqualification if the principal offender shall be guilty of a grave felony, and that ofabsolute temporary disqualification if he shall be guilty of a less grave felony.

Art. 59. Penalty to be imposed in case of failure to commit the crime because the meansemployed or the aims sought are impossible. When the person intending to commit anoffense has already performed the acts for the execution of the same but neverthelessthe 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 areessentially inadequate to produce the result desired by him, the court, having in mind thesocial danger and the degree of criminality shown by the offender, shall impose upon himthe penalty of arresto mayor or a fine from 200 to 500 pesos.

: This is with connection to impossible crime, where the crime committed and its way ofcommission is so impossible.Ex: A brother, on the intent of killing his brother, bought a poison for his brothers food. Butthe pharmacist gave him cheese flavor powder instead, which did not kill his brother. Was animpossible crime committed or not?

A: Yes, there was an impossible crime committed.

An impossible crime is a commencement of a crime that the means of committing it is soimpossible that even with the intent of killing the person did not affect the person instead.

In the case at bar, the brother with an intention on killing his brother bought poison, butinstead was given cheese powder thereby not killing him.

Art. 60. Exception to the rules established in Articles 50 to 57. The provisionscontained in Articles 50 to 57, inclusive, of this Code shall not be applicable to cases inwhich the law expressly prescribes the penalty provided for a frustrated or attemptedfelony, or to be imposed upon accomplices or accessories.

Art. 61. Rules for graduating penalties. For the purpose of graduating the penaltieswhich, according to the provisions of Articles 50 to 57, inclusive, of this Code, are to beimposed upon persons guilty as principals of any frustrated or attempted felony, or asaccomplices or accessories, the following rules shall be observed:1. When the penalty prescribed for the felony is single and indivisible, the penalty nextlower in degrees shall be that immediately following that indivisible penalty in therespective graduated scale prescribed in Article 71 of this Code.


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2. When the penalty prescribed for the crime is composed of two indivisible penalties, orof one or more divisible penalties to be impose to their full extent, the penalty nextlower in degree shall be that immediately following the lesser of the penalties prescribedin the respective graduated scale.3. When the penalty prescribed for the crime is composed of one or two indivisiblepenalties and the maximum period of another divisible penalty, the penalty next lower in

degree shall be composed of the medium and minimum periods of the proper divisiblepenalty and the maximum periods of the proper divisible penalty and the maximumperiod of that immediately following in said respective graduated scale.4. when the penalty prescribed for the crime is composed of several periods,corresponding to different divisible penalties, the penalty next lower in degree shall becomposed of the period immediately following the minimum prescribed and of the twonext following, which shall be taken from the penalty prescribed, if possible; otherwisefrom the penalty immediately following in the above mentioned respective graduatedscale.5. When the law prescribes a penalty for a crime in some manner not especially providedfor in the four preceding rules, 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 has graduated. Either the years getadded or subtracted.

Art. 62. Effect of the attendance of mitigating or aggravating circumstances and ofhabitual delinquency. Mitigating or aggravating circumstances and habitual delinquencyshall be taken into account for the purpose of diminishing or increasing the penalty inconformity with the following rules:1. Aggravating circumstances which in themselves constitute a crime specially punishableby law or which are included by the law in defining a crime and prescribing the penaltytherefor shall not be taken into account for the purpose of increasing the penalty.

2. The same rule shall apply with respect to any aggravating circumstance inherent in thecrime to such a degree that it must of necessity accompany the commission thereof.3. Aggravating or mitigating circumstances which arise from the moral attributes of theoffender, or from his private relations with the offended party, or from any otherpersonal cause, shall only serve to aggravate or mitigate the liability of the principals,accomplices and accessories as to whom such circumstances are attendant.4. The circumstances which consist in the material execution of the act, or in the meansemployed to accomplish it, shall serve to aggravate or mitigate the liability of thosepersons only who had knowledge of them at the time of the execution of the act or theircooperation therein.5. Habitual delinquency shall have the following effects:

(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by lawfor the last crime of which he 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 sentenced to the penalty provided forthe last crime of which he be found guilty and to the additional penalty of prision mayorin its minimum and medium periods; and


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(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penaltyprovided for the last crime of which he be found guilty and to the additional penalty ofprision mayor in its maximum period to reclusion temporal in its minimum period. Notwithstanding the provisions of this article, the total of the two penalties to be imposedupon the offender, in conformity herewith, shall in no case exceed 30 years.For the purpose of this article, a person shall be deemed to be habitual delinquent, is

within a period of ten years from the date of his release or last conviction of the crimes ofserious or less serious physical injuries, robo, hurto, estafa or falsification, he is foundguilty of any of said crimes a third time or oftener.

: This article pertains to when the aggravating circumstance is offset by mitigatingcircumstance and thus the computation is either commuted or reduced. This is in the case ofserious physical injury, robbery, estafa, homicide and this is referred to recidivists or repeatoffenders or habitual delinquents.

Art. 63. Rules for the application of indivisible penalties. In all cases in which the lawprescribes a single indivisible penalty, it shall be applied by the courts regardless of anymitigating or aggravating circumstances that may have attended the commission of the

deed.In all cases in which the law prescribes a penalty composed of two indivisible penalties,the following rules shall be observed in the application thereof:1. When in the commission of the deed there is present only one aggravatingcircumstance, the greater penalty shall be applied.

: If the crime committed is in the aggravating circumstance, the greater penalty is given, thisincludes:1) Reclusion perpetua2) Reclusion temporal

2. When there are neither mitigating nor aggravating circumstances and there is noaggravating circumstance, the lesser penalty shall be applied.

: If both the mitigating and aggravating are missing in the element of the crime, a lesserpenalty shall be applied. This pertains to:1) Prision mayor2) Arresto mayor3) Arresto menor

3. When the commission of the act is attended by some mitigating circumstances andthere is no aggravating circumstance, the lesser penalty shall be applied.

: This is in the presence of a mitigating circumstance but no aggravating, a lesser penalty is tobe administered.

4. When both mitigating and aggravating circumstances attended the commission of theact, the court shall reasonably allow them to offset one another in consideration of theirnumber and importance, for the purpose of applying the penalty in accordance with thepreceding rules, according to the result of such compensation.


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

Art. 64. Rules for the application of penalties which contain three periods. In cases inwhich the penalties prescribed by law contain three periods, whether it be a singledivisible penalty or composed of three different penalties, each one of which forms a

period in accordance with the provisions of Articles 76 and 77, the court shall observe forthe application of the penalty the following rules, according to whether there are or arenot mitigating or aggravating circumstances:1. When there are neither aggravating nor mitigating circumstances, they shall impose thepenalty prescribed by law in its medium period.

: This is in case neither the aggravating nor mitigating is present, the medium penalty isgiven.

2. When only a mitigating circumstances is present in the commission of the act, theyshall impose the penalty in its minimum period.

: In this case, the minimum period (it may be arresto menor or bond) that will be given aspunishment to the accused.

3. When an aggravating circumstance is present in the commission of the act, they shallimpose the penalty in its maximum period.

: Granting in this case that an aggravating circumstance was present in the commission of thecrime, maximum is to be implemented: Reclusion perpetua.

4. When both mitigating and aggravating circumstances are present, the court shallreasonably offset those of one class against the other according to their relative weight.

: In the case at bar, one may offset the other granting that both the mitigating andaggravating is present in the commencement of the crime.

5. When there are two or more mitigating circumstances and no aggravatingcircumstances are present, the court shall impose the penalty next lower to thatprescribed by law, in the period that it may deem applicable, according to the numberand nature of such circumstances.

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

6. Whatever may be the number and nature of the aggravating circumstances, the courtsshall not impose a greater penalty than that prescribed by law, in its maximum period.

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

7. Within the limits of each period, the court shall determine the extent of the penaltyaccording to the number and nature of the aggravating and mitigating circumstances andthe greater and lesser extent of the evil produced by the crime.


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

Art. 65. Rule in cases in which the penalty is not composed of three periods. In cases inwhich the penalty prescribed by law is not composed of three periods, the courts shallapply the rules contained in the foregoing articles, dividing into three equal portions oftime included in the penalty prescribed, and forming one period of each of the three

portions.

: Instead of doing three (3) separate periods of penalty, it will be done consecutively at thesame time.

Art. 66. Imposition of fines. In imposing fines the courts may fix any amount within thelimits established by law; in fixing the amount in each case attention shall be given, notonly to the mitigating and aggravating circumstances, but more particularly to the wealthor means of the culprit.

: Fines that could be accommodated by the wealth or means of the culprit are to be adjustedin 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 requisites of exemption of the fourthcircumstance of Article 12 are present. When all the conditions required incircumstances Number 4 of Article 12 of this Code to exempt from criminal liability arenot present, the penalty of arresto mayor in its maximum period to prision correccional inits minimum period shall be imposed upon the culprit if he shall have been guilty of agrave felony, and arresto mayor in its minimum and medium periods, if of a less gravefelony.

: This is to be given on the case of any person who, while performing a lawful act with duecare, causes an injury by mere accident without fault or intention of causing it, as providedby the Penal Code, under paragraph 4 of Art. 12, then the maximum period of arresto mayorto the minimum period of prision correccional is to be imposed.

Art. 68. Penalty to be imposed upon a person under eighteen years of age. When theoffender is a minor under eighteen years and his case is one coming under the provisionsof the paragraphs next to the last of Article 80 of this Code, the following rules shall beobserved:1. Upon a person under fifteen but over nine years of age, who is not exempted fromliability by reason of the court having declared that he acted with discernment, adiscretionary penalty shall be imposed, but always lower by two degrees at least than thatprescribed by law for the crime which he committed.2. Upon a person over fifteen and under eighteen years of age the penalty next lowerthan that prescribed by law shall be imposed, but always in the proper period.

: This is in connection to offenders who are minors, but upon reaching 18 may be tried as anadult.

Art. 69. Penalty to be imposed when the crime committed is not wholly excusable. Apenalty lower by one or two degrees than that prescribed by law shall be imposed if thedeed is not wholly excusable by reason of the lack of some of the conditions required to

justify the same or to exempt from criminal liability in the several cases mentioned in


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Article 11 and 12, provided that the majority of such conditions be present. The courtsshall impose the penalty in the period which may be deemed proper, in view of thenumber and nature of the conditions of exemption present or lacking.

: With connection to Justifying Circumstances and Circumstances which exempt from criminalliability, the penalty is either one or two degree lower, and may be imposed only in the

number and nature of the conditions of exemption present or lacking.

Art. 70. Successive service of sentence. When the culprit has to serve two or morepenalties, he shall serve them simultaneously if the nature of the penalties will so permitotherwise, the following rules shall be observed:In the imposition of the penalties, the order of their respective severity shall be followedso that they may be executed successively or as nearly as may be possible, should apardon have been granted as to the penalty or penalties first imposed, or should theyhave been served out.For the purpose of applying the provisions of the next preceding paragraph the respectiveseverity of the penalties shall be determined in accordance with the following 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 be voted for, the right to follow aprofession or calling, and12. Public censure.

Notwithstanding the provisions of the rule next preceding, the maximum duration of theconvict's sentence shall not be more than three-fold the length of time corresponding tothe most severe of the penalties imposed upon him. No other penalty to which he may beliable shall be inflicted after the sum total of those imposed equals the same maximumperiod.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 at thirty years.

: The best rule for this article is the three-fold rule, where instead of serving three sentencesat different periods, they all get served at the same period at the maximum period possible.Ex: A man committing robbery, with kidnapping and murder has been sentenced to Reclusionperpetua for each crime he has committed. If you were the judge presiding over the case,how would you decide over how he should serve his sentence?

A: Following the three-fold rule though he has committed three distinct crimes of differenttitles, the man should be serving the maximum sentence of Reclusion perpetua or 20 yearsand 1 day to 40 years. Instead of adding all three which are punishable with Reclusionperpetua which equals 120 years, it will be reduced to 40 years instead.


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Art. 71. Graduated scales. In the case in which the law prescribed a penalty lower orhigher by one or more degrees than another given penalty, the rules prescribed in Article61 shall be observed in graduating such penalty.The lower or higher penalty shall be taken from the graduated scale in which is comprisedthe given penalty.The courts, in applying such lower or higher penalty, shall observe 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 disqualification3. 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 followed when imposing the punishment onthe accused.

Art. 72. Preference in the payment of the civil liabilities.

The civil liabilities of aperson found guilty of two or more offenses shall be satisfied by following thechronological order of the dates of the judgments rendered against him, beginning withthe first in order of time.

: This refers to the payment and civil liability of an individual as to when he or she should payfor such liability beginning with the first.

Art. 73. Presumption in regard to the imposition of accessory penalties. Whenever thecourts shall impose a penalty which, by provision of law, carries with it other penalties,according to the provisions of Articles 40, 41, 42, 43 and 44 of this Code, it must beunderstood that the accessory penalties are also imposed upon the convict.

: The provisions of Art. 40, 41, 42, 43 and 44 shall also be imposed on the convict who hasbeen accessory to the crime.

Art. 74. Penalty higher than reclusion perpetua in certain cases. In cases in which thelaw prescribes a penalty higher than another given penalty, without specially designatingthe name of the former, if such higher penalty should be that of death, the same penaltyand the accessory penalties of Article 40, shall be considered as the next higher penalty.


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: Since the Death penalty has been abolished, the next higher penalty next to Reclusionperpetua, which in this case may be life imprisonment (although we do not say so), is nextthe next possible punishment or the application of the three-fold rule.

Art. 75. Increasing or reducing the penalty of fine by one or more degrees. Whenever it

may be necessary to increase or reduce the penalty of fine by one or more degrees, itshall be increased or reduced, respectively, for each degree, by one-fourth of themaximum amount prescribed by law, without however, changing the minimum.The same rules shall be observed with regard of fines that do not consist of a fixedamount, but are made proportional.

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

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

Penalties RT PM,AD,SD

PC,S, D AM Am

Entirety 12yrs& 1day 20yrs.

6yrs& 1day 12yrs

6mos.& 1day 6yrs

1month& 1day 6mos.

1-30days

Minimum 12yrs

& 1day 14yrs& 8mos.

6yrs

& 1day 8yrs

6mos.

& 1day 2yrs& 4mos.

1-2mos. 1-10days

Medium 14yrs& 8mos. 17yrs,

4mos.

8yrs& 1day 10yrs

2yrs,4mos.& 1day

4yrs& 2mos.

2mos.& 1day 4mos.

11-20days

Maximum 17yrs,4mos.& 1

10yrs& 1day 12

4yrs,2mos.& 1

4mos.& 1day 6

21-30days


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day 20yrs.

yrs day 6yrs.

mos.

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. Incases in which the law prescribes a penalty composed of three distinct penalties, eachone shall form a period; the lightest of them shall be the minimum the next the medium,and the most severe the maximum period.Whenever the penalty prescribed does not have one of the forms specially provided for inthis Code, the periods shall be distributed, applying by analogy the prescribed rules.

: If the crime prescribes three (3) distinct penalties, each will form one period: minimum,medium and maximum. From the lightest to the most severe punishment to be imposed onthe accused.

Art. 78. When and how a penalty is to be executed. No penalty shall be executedexcept by virtue of a final judgment.A penalty shall not be executed in any other form than that prescribed by law, nor withany other circumstances or incidents than those expressly authorized thereby.In addition to the provisions of the law, the special regulations prescribed for thegovernment of the institutions in which the penalties are to be suffered shall be observedwith regard to the character of the work to be performed, the time of its performance,and other incidents connected therewith, the relations of the convicts among themselvesand other persons, the relief which they may receive, and their diet.The regulations shall make provision for the separation of the sexes in differentinstitutions, or at least into different departments and also for the correction and reformof the convicts.

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

Art. 79. Suspension of the execution and service of the penalties in case of insanity. When a convict shall become insane or an imbecile after final sentence has beenpronounced, the execution of said sentence shall be suspended only with regard to thepersonal penalty, the provisions of the second paragraph of circumstance number 1 ofArticle 12 being observed in the corresponding cases.

If at any time the convict shall recover his reason, his sentence shall be executed, unlessthe penalty shall have prescribed in accordance with the provisions of this Code.The respective provisions of this section shall also be observed if the insanity orimbecility occurs while the convict is serving his sentence.

: If during the entirety of the sentence, an accused becomes insane or an imbecile, hissentence will be commuted, and should his sanity regain, will his sentence resume. Only inthese special cases will the sentence be commuted.


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Art. 80. Suspension of sentence of minor delinquents. Whenever a minor of either sex,under sixteen years of age at the date of the commission of a grave or less grave felony, isaccused thereof, the court, after hearing the evidence in the proper proceedings, insteadof pronouncing judgment of conviction, shall suspend all further proceedings and shallcommit such minor to the custody or care of a public or private, benevolent or charitableinstitution, established under the law of the care, correction or education of orphaned,

homeless, defective, and delinquent children, or to the custody or care of any otherresponsible person in any other place subject to visitation and supervision by the Directorof Public Welfare or any of his agents or representatives, if there be any, or otherwise bythe superintendent of public schools or his representatives, subject to such conditions asare prescribed herein below until such minor shall have reached his majority age or forsuch less period as the court may deem proper.The court, in committing said minor as provided above, shall take into consideration thereligion of such minor, his parents or next of kin, in order to avoid his commitment to anyprivate institution not under the control and supervision of the religious sect ordenomination to which they belong.The Director of Public Welfare or his duly authorized representatives or agents, thesuperintendent of public schools or his representatives, or the person to whose custody

or care the minor has been committed, shall submit to the court every four months and asoften as required in special cases, a written report on the good or bad conduct of saidminor and the moral and intellectual progress made by him.The suspension of the proceedings against a minor may be extended or shortened by thecourt on the recommendation of the Director of Public Welfare or his authorizedrepresentative or agents, or the superintendent of public schools or his representatives,according as to whether the conduct of such minor has been good or not and whether hehas complied with the conditions imposed upon him, or not. The provisions of the firstparagraph of this article shall not, however, be affected by those contained herein.If the minor has been committed to the custody or care of any of the institutionsmentioned in the first paragraph of this article, with the approval of the Director of PublicWelfare and subject to such conditions as this official in accordance with law may deem

proper to impose, such minor may be allowed to stay elsewhere under the care of aresponsible person.If the minor has behaved properly and has complied with the conditions imposed uponhim during his confinement, in accordance with the provisions of this article, he shall bereturned to the court in order that the same may order his final release.In case the minor fails to behave properly or to comply with the regulations of theinstitution to which he has been committed or with the conditions imposed upon himwhen he was committed to the care of a responsible person, or in case he should befound incorrigible or his continued stay in such institution should be inadvisable, he shallbe returned to the court in order that the same may render the judgment correspondingto the crime committed by him.The expenses for the maintenance of a minor delinquent confined in the institution to

which he has been committed, shall be borne totally or partially by his parents orrelatives or those persons liable to support him, if they are able to do so, in the discretionof the court; Provided, That in case his parents or relatives or those persons liable tosupport him have not been ordered to pay said expenses or are found indigent and cannotpay said expenses, the municipality in which the offense was committed shall pay one-third of said expenses; the province to which the municipality belongs shall pay one-third;and the remaining one-third shall be borne by the National Government: Provided,however, That whenever the Secretary of Finance certifies that a municipality is not able


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to pay its share in the expenses above mentioned, such share which is not paid by saidmunicipality shall be borne by the National Government. Chartered cities shall pay two-thirds of said expenses; and in case a chartered city cannot pay said expenses, theinternal

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