Criminal Law

FUNDAMENTAL PRINCIPLES AND FELONIES

Bar 2011 Notes

Roland Glenn T. Tuazon

Preliminary

Ateneo de Manila University

TABLE OF CONTENTS:
1. FUNDAMENTAL PRINCIPLES AND FELONIES
2. CIRCUMSTANCES AFFECTING LIABILITY
3. PERSONS CRIMINALLY LIABLE
4. PENALTIES
5. MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY
6. AGAINST NATIONAL SECURITY
7. AGAINST FUNDAMENTAL LAWS OF THE STATE
8. AGAINST PUBLIC ORDER
9. AGAINST PUBLIC INTEREST
10. RELATIVE TO OPIUM AND OTHER DRUGS
11. AGAINST PUBLIC MORALS
12. COMMITTED BY PUBLIC OFFICERS
13. AGAINST PERSONS
14. AGAINST PERSONAL LIBERTY AND SECURITY
15. AGAINST PROPERTY
16. AGAINST CHASTITY
17. AGAINST CIVIL STATUS
18. AGAINST HONOR
19. CRIMINAL NEGLIGENCE

ANNEX I: CIVIL INDEMNITY RATES

What is the nature of felonies?

o All felonies in RPC are public wrongs, as
distinguished from private wrongs, the latter of
which is just a breach of duty or contract of two
private parties.
o Although the State has power to prosecute
persons for private crimes, the law gives the
victim the privilege of not instituting actions for
private crimes: adultery, seduction, abduction,
etc. There must be a complaint initiated by the
offended party.
Ratio: to protect the latter from shame
and humiliation.
Rape is no longer a private crime. (Art.
344 of RPC) it is now a crime against
persons.
Under RA 8353, the marriage of the
offender and the offended party will
extinguish criminal liability of the
accused.
Can there be common law crimes in the
Philippines?
o No. There are no common law crimes in the
Philippines. Nullum crime nulla poena sine
lege.
What are the sources of criminal law?

o RPC, SPL, municipal ordinances.

What about administrative regulations?
May
these partake of nature of criminal law?
o YES.
o Requisites:
1) Violation of admin regulation must be
made a crime by the delegating statute
2) Penalty for violation must be provided
by the statute itself.
Are judicial decisions by the SC penal laws?
o No.
o Article 8 of NCC: judicial decisions interpreting
the Constitution form part of the legal system of
the Philippines. But decisions of the SC
interpreting criminal statutes are not penal laws
per se they are merely interpretative.
What are examples of laws in Philippine criminal
law that follow the positivist theory?
o 1. ISL
The ISL was approved to uplift and
improve human life. Not focused on the
person as a criminal, but the law takes
into account economic usefulness of
offender
and
excessiveness
of
deprivation of liberty.
o 2. Habitual delinquency law
o The State is concerned not just with protective
social order against criminal acts, but also

redeeming the individual for social ends. Not

just retribution, but reformation.
What is the principle of generality?
o Art 14 of the NCC: Penal laws apply to all
those who live or sojourn in the Philippines,
subject to international law or treaty
stipulations.
o How does international law become
domestic law, under the 1987 Constitution?
Transformation requires that the I-law
be transformed into domestic law; ex.
local legislation
Incorporation international law is part
of the law of the land.
Immunities from criminal prosecution by certain
individuals:
o 1. Covered by the VCDR or exempted by
treaties/laws or preferential application
Principle is par in parem non habet
imperium suing them is tantamount to
suing the State they represent
Who are the diplomats covered?
Classified into four:
A) ambassadors, ambassadors
extraordinary
B)
ministers
and
papal
internuncios
C) ministers-residents
D) charges-de-affaires

Except: immunity does not cover suits

in personal and private capacity as an
ordinary citizen
Liang: The RP and ADB entered
into an agreement under which
officers and staff members enjoy
immunity from legal processes
and prosecution, with respect to
acts performed in their official
capacity, except when the bank
waives the immunity.
In this
case, the ADB officer committed
grave oral defamation, which is
ultra vires. He is not immune.
This is not covered by immunity
because he was not performing
his duty.
o 2. RA 7055 Members of the AFP and officers
charged with service-connected offenses
Who are officers and members of the
AFP?
Article 1: members of AFP, those
subject to military law, members
of the Citizens Armed Forces
Geographical Units (CAFGU)
What is the general rule?
Civilian courts have jurisdiction
over crimes committed by
members of the AFP.

This principle is inviolable; they are not

subject to local penal laws. They are
immune from arrest and prosecution for
violation for local laws.
But one may be temporarily restrained if
he commits acts that threaten public
order. The State may simply request for
recall of the diplomat he will still not be
prosecuted locally.
X is a citizen of Iran, but is also an
honorary consul. He was caught in
possession of drugs. Is he exempt
from prosecution?
No. A consul is not exempt from
criminal prosecution for violation
of the penal laws of a country
where he is assigned to. He is
not entitled to any immunity or
diplomatic privileges under the
VCDR. The nature of the job of
consuls, vice-consuls, or consulsgeneral is commercial in nature.
Exception: when there is an
agreement
between
the
Philippines and the sending
country. But the exemption is not
based on the nature of his
position.

EXCEPTION: service-connected
offenses (provided in RA 7055)
fall under courts-martial
Civilian court determines before
arraignment whether the crime is
service-connected
Is it
possible for a serviceconnected crime to be tried by
civilian courts?
YES.
The President, before
arraignment, in the interest of
justice, may refer the crime to a
civilian court as long as it is
covered by the RPC or any other
SPL.
What about Members of the PNP?
They are covered by RA 6975.
Civilian courts have jurisdiction
over them because the PNP is
civilian in character.
o 3. Immunity under law/transactional immunity
Transactional immunity is statutory
immunity from criminal prosecution as
granted by law
Omnibus Election Code one who
reports to the COMELEC any incident of
vote buying or vote selling, and he
testifies for prosecution: he is entitled to

immunity, even if he took part in such

crime. Sec 261 of OEC.
P.D. 749 immunity granted to those
furnishing information re: violation of
bribery, indirect bribery, corruption of
public officers

Art. 2: territoriality principle

What is covered by the territory of the

Philippines?
o Phil. archipelago, atmosphere, interior waters,
maritime zone
UNCLOS
o Territorial sea is up until 12 nautical miles
o Contiguous zone: up until 24 nautical miles
States may exercise control even within
this area to prevent and punish
infringement of customs, immigration,
fiscal, sanitary laws within territory or
territorial seas
What are the exceptions to the territoriality rule of
criminal law?
o 1. Commission of an offense in a Philippine
ship or airship
But technically this is not an exception,
because Philippine ships or airships are
part of Philippine territory
Nationality of the ship depends on its
registration

o 2. Forging or counterfeiting Philippine coins or

notes or government securities
o 3. Introduction into the Philippines of the
forged/counterfeited
notes,
coins,
or
government securities
Rationale for #2 and #3: to protect
economic security of the Philippines
o 4. Public officers and employees who commit
an offense in the exercise of their duties
o 5. Commission of any of the crimes against
national security and the law of nations
i.e. treason, espionage, provoking or
disloyalty during war, piracy, mutiny
Purpose of penal laws involving national
security is to protect the domestic order
and crimes against national and
economic security of the Philippines.
The law is designed to protect not only
the national and economic security of
the country, and should reach beyond
the boundaries of the Philippines,
wherever they may be found.
Differentiate the English from the French rule:
o English (territorial) the territorial State has
jurisdiction, except when it merely concerns
internal management of the vessel.
o French (flag) the flag of registration has
offense, as long as it does not disturb the
peace.

There was an English vessel in Phil. territory, not

in transit. Accused was smoking opium on the
ship.
o HELD: Convicted.
The SC followed the
English rule, because he was smoking within
Phil. territory. This had pernicious effect on
Phil. territory (disturbs the peace) so it was
not a matter of mere internal management of
the vessel.
A person in a Philippine ship in Vietnamese
waters got drunk and shot three people. He was
not prosecuted in Vietnam. Can the Philippines
prosecute him?
o Yes, the Philippines may exercise jurisdiction.
Although following the English rule, which we
adhere to, it must be Vietnam that exercises
jurisdiction, since Vietnam did not exercise
jurisdiction, there is nothing preventing the
Philippines from deviating from English rule.
o Rule: the territorial State has priority. If it fails
to do so, the Philippines may act under Art. 2.
In the D.D.A., mere attempt to transport marijuana
is a crime. Can Philippine officials board the
vessel to prosecute those on board?
o General rule: the ship cannot be boarded. But
the UNCLOS said that the criminal law of a
State may not be enforced on board the vessel
to prosecute individuals, except if measures
are necessary to suppress illegal traffic of

narcotic drugs in a commercial vessel that

passes by the territorial sea.
What is the nature of the high seas?
o Free for all.
o Is it possible that a crime was committed
beyond the territorial sea, but yet, when the
vessel enters Phil. territorial sea, can it be
prosecuted?
Yes, if it is a continuing crime.
o Can Philippines legislate on crimes
applying to the high seas?
Yes, for instance, P.D. 532 Piracy.
o Pirates wanted to unload the oil from a
vessel. They boarded the ship within Phil.
Waters, which went to Singapore, and
unloaded the oil to another vessel in the
high seas. Can they be prosecuted here?
Yes, they can be prosecuted for piracy
even if the crime was committed in
Singapore, because the crime began in
the Philippines.
It continued to
Singapore.

Art. 3: felonies

What are the two components of felonies by dolo?

o 1. Act and omission punishable by law
(physical act)
o 2. Mens rea (intent)

For felonies by dolo, one is not

criminally liable if there is no criminal
intent.
What about culpa?
o Not intent, but negligence, imprudence, lack of
foresight, or lack of skill
May someone be held criminally liable for crimes
of omission?
o YES. The following must concur:
1. There is a positive duty provided by
law
2. Accused acted voluntarily to not do a
positive duty
3. Criminal intent in refusing to do it
o Examples: misprision of treason, prevaricacion
(Art. 208 of RPC), fraud on treasury
What is mistake of fact and its implications?
o Recall: People v. Achong.
o If there is mistake of fact, then there is no
criminal intent. One is not culpable for dolo.
o The one invoking it must act with good faith.
o If he acts with negligence, such as when he is
negligent in ascertaining the true state of facts,
he may be liable for felony by culpa.
o Not a valid defense for felony by culpa or by
SPL.
What is abberatio ictus and what are its
implications?

o This is mistake in the victim of the blow. There

is still criminal liability, which is generally
increased (because it either becomes a
complex crime or two separate crimes
against the intended and the real victim).
o Can treachery apply to abberatio ictus?
Yes, because if the accused fired at his
intended target but missed, the victims
are helpless to defend themselves.
What is error in personae and its implications?
o This is mistake in the identity. It may or may
not lower criminal liability depending on the
crime committed and if the intended crime is of
equal or different gravity.
o Ex. X intended to kill Y, but instead killed his
father, Z by mistake. Instead of homicide, it
became parricide. In this case, Art. 49 will
govern: error in personae becomes mitigating
(apply maximum period of homicide as
penalty).
What is praeter intentionem and its implications?
o The accused did not intend to commit so grave
a wrong as that committed. This is a mitigating
circumstance under Art. 13.
o But if the means used to commit the desired
crime would also logically and naturally bring
about the actual felony, praeter intentionem
does not apply.

Circumstance

Common
implication

Mistake of fact

Not culpable

Abberatio ictus

Complex crime

Error in personae

No change; or maximum
period of the lesser offense

Praeter intentionem

Mitigating

or

usual

What is the rule on specific intent felonies?

o In specific intent felonies, the prosecution must
prove beyond reasonable doubt the specific
intent. But sometimes, specific intent may be
presumed.
Ex. intent to kill must be proved. One
can presume this, for instance, from the
mere fact that the victim died from a
deliberate act. But for attempted or
frustrated homicide, intent to kill is not
presumed and must be proved.
Ex. intent to gain in theft. One is found
in possession of recently stolen property
there is a presumption.
o Criminal intent can be presumed from the
commission of a delictual act.
Must motive be proved for dolo?
o Not in general. Motive is not an essential
element of crime. But there are instances

o Does mistake in the identity of the victim

constitute reckless imprudence?
No. Mistake in identity is not culpa.
Ex. Policemen were trying to arrest an
escapee, and they saw a man sleeping.
They thought the man was the escapee.
HELD: The felony was dolo, not culpa,
because the killing was deliberate.
o May there be a crime of frustrated homicide
through reckless imprudence?
No. Frustrated homicide requires intent
to kill.
This is incompatible with
recklessness,
negligence,
or
imprudence.
o Can there be conspiracy resulting from
negligence?
There can be no conspiracy resulting
from negligence, because conspiracy is
the product of deliberate agreement
evincing intent.
o If the information charges an intentional
felony but what is proved is culpable
felony, can the accused be convicted?
Yes, because the greater includes the
lesser offense
o Can more than one person be liable for
killing the same person, one by dolo and
one by culpa?
Yes.

where motive is a prerequisite to conviction of

accused.
Political
crimes
If
the
crime
committed, for instance murder, is in
pursuance of political motive in rebellion
or coup detat, it is absorbed by the
crime.
Death by exceptional circumstances
killed wife and paramour who were
having sexual intercourse.
Not
criminally liable for homicide, if motive is
to avenge dishonor. But if he killed the
wife for some other motive, and not due
to exceptional circumstances, then he is
criminally liable.
o Motive, however, is useful when there is doubt
whether the accused committed the crime or
as regards the identity of the accused
When is criminal intent not needed to commit a
crime?
o 1. Culpa
o 2. Crimes malum prohibitum
Is reckless imprudence under 365 a felony under
Art. 3?
o Yes. It is a quasi-offense.
o Note the difference: Under Art. 3, culpa is
mode of committing a crime, while in Art. 365,
culpa itself is the crime punished, thus it is a
felony.
8

3 people went to carnival.

X was
mentally challenged. Y poured gasoline
on X. Z lit a match and burned X.
HELD: Y who poured gasoline was
liable for reckless imprudence resulting
in homicide. He should have anticipated
that after pouring gasoline, someone
could light a match lack of foresight. Z
is liable for felony by dolo deliberate
act. (P v. Pugay)
Are crimes punishable by SPLs automatically
crimes malum prohibitum?
o Not all. Some can be malum in se.
o A. Plunder is malum in se, for three reasons:
1. Although defined by SPL, it is malum
in se because the crimes constitutive of
plunder are mala in se. Under the law,
mitigating
and
extenuating
circumstances are applicable to plunder.
2. The predicate crimes are punishable
by RP to death.
3. Plunder is inherently immoral and
wrong.
o B. Sec. 27B of the Omnibus election code: a
member of the BEI who tampers with election
results.
The crime is malum in se, although the
crime is defined by SPL. It is inherently

immoral and wrong to tamper with

election results.
Give examples of SPLs that are malum
prohibitum:
o A. Possession of unlicensed firearm.
But mere transient possession in RA
8294 is not a crime: there must be intent
to possess, not mere possession.
Can the use of unlicensed firearm be
an aggravating circumstance?
Yes. RA 8294 provides that it is
an aggravating circumstance.
o B. Violation of Trust Receipts law
o C. Anti-fencing Law
No need to prove intent to gain
Can one be liable for both a felony and a SPL for
one delict?
o Yes.
o Ex. One issued a check for a transaction which
bounced. Liable for BP 22 AND liable for
estafa.
o Ex. One pretended to be a licensed recruiter.
Liable for both illegal recruitment and estafa.
Can one be liable for crime defined by SPL,
commit another felony and then become liable for
a special complex crime?
o Yes. The anti-carnapping law (RA 6539). If
the offender kills the driver or occupant to take

the car, he is guilty of special complex crime of

carnapping with murder.
May a felony by dolo or culpa absorb a crime
which is malum prohibitum?
o No, a felony by dolo or culpa cannot absorb a
malum prohibitum crime.
Two persons went to the public forest and cut
timber, which is a violation of the Forestry Code.
They were convicted, on basis of conspiracy. The
court ruled that they were guilty to conspire to
violate the Forestry Code. Is the SC decision
correct? Can there be conspiracy to commit
malum prohibitum?
o No. The SC is wrong. Under Art. 8, they must
agree to commit a crime (felony). Thus, this
does not apply to malum prohibitum. (Tigoy v.
P)

Art. 4: felonies and impossible crimes

Par.1 natural and logical consequence of felonies

What is the rule on liability for those who have

committed a felony?
o That person is liable for natural (ordinary
course of things) and logical (reasonable
connection) consequences of his criminal act
o The act must be the proximate cause of the
effect.
o What is proximate cause?

10

The cause, which in its natural and

continuous sequence, unbroken by any
efficient intervening cause, produces the
injury and without which the result would
not occurred
And that cause may cause another thing
to occur, which produces the injury
o Which circumstances do not affect the
existence of proximate cause?
1. Pre-existing condition of the victim
(pathological)
2. Negligence of doctor
3. Refusal to get medical help or delay
in getting it
o When is something not the proximate cause
of the effect?
1. There is an active force that
intervened
between
the
felony
committed and the death of the victim,
2. The resulting injury or damage is the
intentional act of the victim.
Examples where even if the resulting wrongful act
was different from the offenders intention, he is liable
for that resulting act
o Inserted vibrator in anal orifice of victim. It was
rusty so the victim died (Complex crime of
sexual assault with homicide under RA 8353)
o Accused robbed a store and to shut up the
woman inside, he jammed a pan de sal in her

mouth. She died by asphyxiation. Convicted

of robbery with homicide.
o The kidnap victim died from a heart attack due
to fear. The accused is liable for kidnapping
with homicide.
o Accused robbed victim of belongings, the
victim ran away and jumped in the river. She
drowned. Accused is liable since he created a
sense of fear in the mind of the victim.
o Even if the doctor is negligent, but the accused
inflicted mortal wounds on the victim, the
negligence of the doctor is NOT an active
intervening force that exculpates the accused.
But there are times the doctors acts are
exculpatory.
Ex. Victim was brought to the hospital,
but the doctor was so intoxicated, he
gave the victim poison instead of
medicine. The doctor was liable.
Is it possible that two persons are liable for the
death of the same person even if there is no
conspiracy?
o Yes. Two persons went to a bar, did not know
each other, and sat on different tables. They
saw an annoying person. One person stabbed
him. The other, not knowing that the first one
stabbed him too, stabbed him again. Both
wounds were mortal.
o Both are liable for homicide.

11

An accused committed reckless imprudence, and

due to this, two people died.
Can he be
prosecuted for reckless imprudence resulting to
double homicide?
May reckless imprudence
result into a complex crime?
o YES, because reckless imprudence is a felony
under Art. 3 and Art. 48 talks about felonies as
component crimes.
What is the relevant presumption under Rule 131,
Sec 5(c) of the Rules of Evidence?
o A person is presumed to contemplate the
ordinary consequences of his acts, and expect
those.
But intent is an internal act.
How do you
determine this?
o Through circumstances of the case.
Does Art. 4, par. 1 regarding liability for natural
and logical consequences apply to culpable
felonies?
o No.
o Par. (1) is specific: it refers only to delitos.
o NOTE: Boado has a different opinion, noting
that delitos means felony in general, which
can include culpable felonies. The classic
example she gives is person X jumping off a
building to commit suicide, but does not die
because he lands on Y, who dies. X is liable
for the death of Y even if committing suicide is
not a crime per se.

Offender accepted goods which

he believed to have been stolen,
but which were not, in fact stolen
Offender offers a bribe to
someone he believes is a public
officer, but is in fact not
Offender believed his gun was
loaded, pointed it as his wife, and
pulled the trigger. But it was
empty.
Intod v. CA fired guns into
empty bedroom, because the
intended victim was out of town
Jacinto v. P Sales agent,
instead of turning over the check
to employer, gave it to a relative.
The check bounced.
HELD:
impossible crime, because at the
time the petitioner stole the
check, there were no funds in the
bank. (Problem with this case:
What about postdated checks?
Does not the check (paper) itself
have some value?)
o Legal impossibility
There is intent and performance of a
crime, but the consequence could not
result into a crime.

What will apply to culpable felonies?

o Article 365 of the RPC applies.
o The offender is liable for whatever damage or
injury caused by him.

Par. 2 impossible crimes

What are the elements of an impossible crime?

o 1. The offender performed an act which would
be an offense against persons or property
o 2. He performed the act with criminal intent
o 3. Accomplishment of the act is inherently
impossible or the means employed were
inadequate or ineffectual
Differentiate factual or physical impossibility
from legal impossibility:
o Factual or physical impossibility
There is intent and performance but no
accomplishment due to extraneous
circumstances
that
makes
accomplishment impossible.
The factual condition must be unknown
to the offender.
What if the person knew the factual
condition?
There is no crime and there is no
impossible crime.
Examples:

12

Art. 5: Duty of courts to report

Even when completed, it would not

amount to a crime.
Ex. Stole a watch that turned out to be
his.
Ex. Offender saw a naked woman lying
on the beach. He inserted his penis into
his vagina. It turned out she was dead.
Impossible crime, because you cannot
rape a dead person.
Is an impossible crime a crime?
o No. But it is still punished because the law
intends
to
punish
criminal
inclinations/tendencies.
What is the penalty for impossible crimes?
o Under Art. 59 of the RPC, the imposable
penalty for impossible crime is arresto mayor
(correctional penalty).
o What is the potentially inequitable situation
arising from this penalty?
Supposing I saw a person on a bed,
and I punched him. He sustained slight
PI. But he turned out to be dead, so it
was an impossible crime.
Under Art. 266(3) of the RPC the
penalty is arresto menor for slight PI.
But for an impossible crime, the penalty
is arresto mayor. So if that person were
alive, the penalty would be less than if
he were dead!

13

When does the courts duty to report to the

President, through the DOJ, apply?
o 1. Acts which are not punishable by law, but
should be
o 2. Clearly excessive punishment
o N.B. in these cases, the court must still render
the proper decision notwithstanding the report.
Remedy is executive clemency, in case
of excessive penalties.
The court can simply recommend, but
not impose clemency, because its still
the Executives prerogative.
Article 5 does not apply to crimes defined by SPL,
because of the use of the words degree of malice,
etc.
This brings to mind B.P. 22, in relation to A.C. 122000, as clarified by A.C. 13-2001:
o S.C. noticed that people are using the courts
as collection agencies and are clogging up
dockets
o So S.C. issued a circular dissuading people
from filing B.P. 22, and for judges to just
impose fines
A.O. 08-2008, issued 25 Jan. 2008
o Libel imposable penalty is imprisonment or
fine
o According to the S.C., preference is fine over
imprisonment

yet.
At most, its attempted
trespass.
It can be the first of a series of acts that
would produce the intended crime, as
long as the intended crime is
established or known
Differs from preparatory acts, which are
just means or measures necessary to
produce the desired end.
Ex. surveillance
Ex. buying poison
Ex. conspiracy and proposal,
unless the law punishes the
conspiracy/proposal per se
o 2. But offender did not complete all acts of
execution to produce the felony
Still at the subjective phase of the
commission of crime still has full
control of acts, and has not completed
the needed acts yet
o 3. Due to cause or accident other than
spontaneous desistance
Is he is still in the subjective phase
and he desists from committing the
crime, is he liable?
NO. He is not liable.
The reason for desisting need not
be legal or moral. It could be

Art. 6: Stages of consummation

When is a crime consummated?

o When all the acts necessary for its
accomplishment and execution are present.
o The accused has reached the objective stage
of the offense as he no longer has control of
his acts, having performed all that is necessary
to accomplish the purpose.
In general, all the felonies in Book II are
consummated crimes. What is the exception?
o Attempted or frustrated robbery with homicide
Why do we punish attempted stages?
o Attempts are punished because there is just as
much need to reform a person who has
unsuccessfully attempted to commit a crime
What are the elements of an attempted crime?
o 1. Commenced execution directly, by overt
acts
There must be an overt, external act
and there is crime intended to be
committed
There is direct connection to crime
intended to be committed must have
an
immediate
and
necessary
connection.
Ex. Merely opening a hole in the
wall of a bank is not yet
attempted robbery because there
is no overt act evincing robbery
14

remorse or fear as long as he

desists voluntarily.
But if he desists during the
objective stage, there is no
exculpation
But may he be liable for any other
felony already committed apart from
that desisted from?
Yes.
What are the elements of a frustrated crime?
o 1. All the acts of execution needed to produce
the felony are present
So in the same way, the objective stage
has been reached
o 2. But it was not produced by reason of causes
independent of the perpetrators will
When does frustrated homicide/murder exist?
o It is not enough to wound the other person.
The wound inflicted must be mortal. If it is not
mortal, then it is a mere attempt.
o Even if the accused believed that he inflicted a
mortal wound, but he did not, it is merely
attempted, not frustrated. The nature of the
wound controls, not the belief of the person.
What are crimes where no frustrated stages exist?
o 1. Rape
As long as the penis enters the labia
majora, it is already consummated

o
o

o
o

15

It is not the mere entry; the SC said that

the entry must be in relation with the
intent to have carnal knowledge of the
woman
If it is just in the mons pubis just
attempted. (Bombardment of the
drawbridge, even if the troops do not
successfully enter the castle. If no
intent, just acts of lasciviousness.)
2. Sexual assault
By analogy
3. Robbery
One is liable for consummated robbery if
one takes possession of the personal
property of the other, however brief it
may be.
4. Theft
No more frustrated theft, under same
ratio: no need to have disposed of
stolen property
5. Adultery
Essence of the crime is sexual
congress: so same principle as in rape
applies
6. Felonies by omission
No attempted or frustrated stage
7. Falsification of public document

There is no attempted or frustrated

falsification of public document unless
the falsification is so imperfect.
o 8. Arson
The moment burning occurs, even for a
small portion only, the offense is
consummated
All overt acts prior to burning: attempted
stage
o 9. Corruption of public officials
When the offer is accepted by the public
officer,
then
the
offense
is
consummated
When the offer is rejected, then it is just
an attempt
What are formal crimes?
o Those that are always consummated because
the offender cannot perform all the acts
necessary to consummate the offense without
consummating it.
o Examples of formal crimes?
1. Physical injuries
Since their punishment is based
on result and gravity of injury
2. Slander
The moment the words are
uttered and heard by third
persons,
the
crime
is
consummated.

Is there attempted or frustrated culpa?

o No.
What if what was charged was the frustrated
stage and only the attempted crime was proved.
Can an accused be convicted?
o Yes, the frustrated stage necessarily includes
the attempted stage. Same with consummated
crimes and attempted/frustrated stages.

Art. 7: light felonies

16

What are light felonies?

o Those infractions of law where the penalty is
arresto menor or fine not exceeding 200 pesos
When are light felonies punishable?
o Only when they have been consummated
o Except those against persons or property
Who are punishable for light felonies?
o Only principals and accomplices.
o Accessories are not liable because light
felonies are punishable with arresto menor and
accessories are penalized two degrees lower
than the principal, which is non-existent in this
case.
How do you categorize reckless imprudence
resulting into slight PI?
o The crime of reckless imprudence is a light
felony, under the last paragraph of Art. 9 of the
RPC. Punishable only by public censure.

Art. 8: conspiracy and proposal

When is there conspiracy?

o When two or more persons come to an
agreement concerning the commission of a
felony and they decide to commit it.
What is proposal?
o A person who has decided to commit a felony
proposes its execution to some other person or
persons.
Is conspiracy or proposal a felony?
o No. Conspiracy under article 8 is not a felony,
because there is no penalty provided by law.
o Article 8 is thus a mode of incurring criminal
liability.
o Enumerate at least two felonies punished
pursuant to Article 8 as a felony per se:
Conspiracy to commit treason
Conspiracy to commit rebellion
o For the above acts, the mere conspiracy is
punishable. But the moment they actually
commit treason or rebellion, conspiracy loses
its juridical personality and it becomes a mere
mode to commit a crime.
What is required to prove a conspiracy?
o Same degree of proof to establish the crime, in
order to prevent finding someone guilty of a
crime except proof beyond reasonable doubt.

17

o But it can be proved by indirect proof, such as

inferences from acts of the accused before,
during, and after the commission of the crime.
o These acts must indubitably point to or indicate
a joint purpose, concerted action, and singular
interest.
What is required to be done in order to become a
co-conspirator?
o Intentional participation in the transaction with
a view to furthering the common design.
o Except when one is a mastermind, he must
perform some overt art as a direct/indirect
contribution to the crimes execution. The
overt act can be active participation, moral
assistance by being present at the scene of the
crime, or exerting moral ascendancy.
o But merely being present is not sufficient to
prove conspiracy; it must be shown that there
is intent to provide moral support, etc.
What are the two types of conspiracy?
o 1. Express conspiracy
There is prior agreement
A conspirator is liable as long as he
appeared in the scene of the crime.
Except when he is the mastermind,
where it doesnt matter whether he
appears or not, since he is a principal by
inducement

Degree of actual participation is

immaterial: all conspirators adopt the
acts of the others
o 2. Implied conspiracy
Deduced from the acts of the offenders.
The agreement to pursue a common
design and the unity of purpose is
instantaneous.
It is essential that the conspirator
participated in the commission of the
crime. Mere presence is not enough
because mere presence does not prove
intent to join the commission of the
crime, without prior agreement.
Three kinds of special conspiracy:
o 1. Wheel conspiracy there is one person
(hub) and his underlings (stokes)
We have this. The others, not yet
recognized.
o 2. Chain conspiracy using legitimate
enterprise to distribute narcotics
Ex. drugs
o 3. Enterprise conspiracy Racketeer
Influenced and Corrupt Organizations (RICO)
What is the kind of conspiracy and connivance
contemplated in Article 157 (Evasion of service of
sentence)?

18

o This is the situation where a convict or a

person escapes in connivance with another
person.
o The conspiracy or connivance in connection
with the crime committed here is an essential
condition for the commission of said crime, in
connection with Art. 223 of the RPC (Infidelity
in the custody of prisoners). The penalty is
prision correccional in maximum period instead
of medium and maximum period.
What are the characteristics of conspiracy?
o 1. Singularity of intent
o 2. Unity in the execution of the unlawful
objective
Does Art. 8 apply to SPLs?
o Generally, no; it does not apply to crimes
defined in SPL. However, if the SPL provides
that conspiracy to commit a crime under that
law is a crime in itself, then it is.
Ex. DDA, Sec. 26: conspiracy to commit
any of those crimes enumerated in that
section is a crime by itself (sale,
importation, distribution and conspiracy
to do such)
Ex. Access device regulation, Sec. 11:
conspiracy to commit access devise
fraud is a crime

Ex. Anti-terrorism law: conspiracy to

commit terrorism is a crime punishable
with 40 years of imprisonment
o If there is no provision in the SPL, Art. 8 can be
considered a mode to commit that crime.
Two or more persons who conspire to
commit a crime of BP 22 liable under
Art. 8 of the RPC (Andan v. P)
Recall the controversial Tigoy case re:
conspiracy to violate the Forestry Code
Does Article 4, par. 1 apply to Article 8?
o Yes. Each conspirator is responsible for
everything done by his confederates, which
follow incidentally in the execution of the
common design, as one of its probable and
natural consequences even though not
intended as part of the original design.
o Conspirators are held to have intended the
consequences of their act, by engaging in
conspiracy. So, liability extends to collateral
acts incident to and growing out of the
conspiracy.
o X and Y agreed to rob the victim only. But
he resisted and X killed the victim. What
crime did X and Y commit?
HELD: All the conspirators, thus both X
and Y, are guilty of robbery with
homicide.

19

o What if one of the co-conspirators (ex.

robbers) prevented the others from
committing the extra act of homicide or
rape?
HELD: He is only liable for robbery only,
and not homicide and rape. It does not
matter if he succeeds in preventing
them of not.
o X, Y, and Z committed robbery. After they
all escaped, X a car and carnapped it after.
HELD: Only he was liable for
carnapping because its not intended as
part of the plan and is not incidental to
the common design.
Conspirators are necessarily liable for
the acts of another conspirator unless
such
act
differs
radically
and
substantively from that which they
intended to commit.
Until when does conspiracy last?
o Conspiracy continues until the object is
attained. Conspiracy is a continuing event,
unless in the meantime, they abandon the
conspiracy or the conspirators are arrested.
X and Y agreed to commit robbery and decided to
commit it. X stabbed the victim and ran. Y did
not run and he was caught. Defense: he was not
guilty of the crime, because he desisted when he
did not run. Is the defense tenable?

and their good faith. There has to be a

special reason why he should examine
acts or papers in detail. There is no
negligence/culpa if he fails to examine
an error because of the sheer amount of
paperwork that passes through his
hands.

o HELD: The mere failure or refusal to flee after

the commission of the crime does not amount
to a disavowal of the conspiracy. There must
be an overt act to disassociate oneself from the
conspiracy.
Relate
conspiracy
with
aggravating
circumstances of evident premeditation and price:
o Evident premeditation only applies for express
conspiracies. It does not apply to implied
conspiracies, because these are spontaneous.
o Price applies to the co-conspirators acting as
offeror and acceptor.
Does the laxity of a public officer in investigating
or prosecuting indicate that he is a coconspirator?
o Not per se. It must be shown that he had
foreknowledge and participation in the plan in
the first place.
What are the possible liabilities of a head of office
when his subordinates are able to conspire to
commit a crime?
o 1. Conspiracy (if he is aware of the design and
agreed to it)
o 2. Culpa in this case, he is not part of the
conspiracy because there can be no
conspiracy by culpa
o What is the Arias doctrine?
The head of office can rely to a
reasonable extent on his subordinates

Art. 9: severity of felonies

20

Classify felonies as to severity:

o 1. Grave felonies
Capital punishment
Afflictive penalties in any of its periods
(prision mayor to reclusion perpetua)
o 2. Less grave felonies
Correctional penalties in their maximum
period (destierro, suspension, arresto
mayor, prision correccional)
o 3. Light felonies
Arresto menor
Fine not exceeding P200
N.B. but in Article 26, a fine of P200 is
already a correctional penalty
What is the relevance of knowing this
classification?
o 1. Complex crimes require grave or less grave
felonies
o 2. To determine the duration of the subsidiary
penalty

o 3. To determine the duration of detention in

case of failure to post the bond to keep the
peace
N.B. but there is no crime that requires
a bond to keep the peace
o 4. Different prescriptive periods
o 5. To determine whether there is delay in the
delivery of the detained persons to the judicial
authority
o 6. Penalty for quasi-offenses (Art. 365)

Art. 10

What is the relationship between RPC provisions

and SPLs?
o In general, RPC provisions do not apply.
o But the RPC is supplementary to the SPL,
unless provided otherwise.
What if the penalty provided by an SPL follows
RPC nomenclature?
o The RPC applies suppletorily, ex. mitigating
circumstances.
R.A. 9165, amended by 9344; Dangerous Drugs
Act provisions of RPC shall not apply to violations
of DDA, except in the case of minor offenders
o Reclusion perpetua, not L.I.
o Penalty may be reduced by 1 or 2 degrees
under Art. 63
What does the Anti-hazing law provide as re:
praeter intentionem?

o Sec. 4 provides that praeter intentionem does

not apply as a mitigating circumstance for
violation of Anti-Hazing law
o The law also enumerates who will be deemed
principals, etc.
What does the anti-terrorism law provide as re:
the relationship of its penal provisions and RPC
provisions?
o Conviction of a person under said law
constitutes a bar to the prosecution of that
person under the RPC or another SPL for the
predicate crime
What does R.A. 7610 Child abuse law, Sec. 10
provide?
o Where the victim of murder, homicide,
intentional mutiliation, or SPI is under 12 years
old, the penalty shall be reclusion perpetua
VAWC: If the offender commits act of physical
violence and there is intent to kill, what is the
punishment?
o Crime is NOT violation of physical violence
provision under VAWC but attempted,
frustrated,
or
consummated
parricide,
homicide, or intentional mutilation

CIRCUMSTANCES AFFECTING LIABILITY

Art. 11: justifying circumstances

21

Are complete self-defense and other provisions

under
Art.
11
(justifying
circumstances)
absolutory causes?
o Yes, because the accused is not deemed to
have committed a crime. An absolutory cause
means that the accused does not incur criminal
liability.
Is Article 12 an absolutory cause as well?
o No. There is technically a crime, although the
person is exempt from liability. The basis here
is that the person is not acting with complete
intelligence. There is no mens rea.
What are other absolutory causes?
o 1. The offender was instigated
Differentiate
instigation
from
entrapment:
In entrapment, the idea of the
crime
comes
from
the
lawbreaker. Thus, this is not
absolutory. The peace officer is
without criminal liability.
o Ex.
buy-bust
operations
In instigation, the idea of the
crime is induced in the mind of
the lawbreaker. It is absolutory
due to public policy. The peace
officer
is
a
principal
by
inducement.

22

o 2. Spontaneous desistance in the attempted

stage
o 3. Attempted or frustrated light felonies, except
against persons and property
o 4. Accessories in light felonies
o 5. Accessory relatives who help relatives
escape (Art. 20)
o 6. Art. 247 death under exceptional
circumstances
o 7. Certain relatives in estafa, theft, malicious
mischief
o 8. Somnambulism
o 9. Mistake of fact (Achong)
o 10. Repeal of penal law, whether absolute or
modification
What is the nature of self-defense?
o Self-defense is an act to save life; thus, it is an
act, not a crime.
o There is no such thing as accidental selfdefense because it contemplates intent by the
defending party.
What does self-defense include?
o Defense of body and limb
o Rights as person, including honor
o Property and liberty
If the accused in arraignment pleads self-defense,
is he making a judicial confession?
o It is NOT a judicial confession, but just a
judicial admission. He does not admit penal

liability. He is merely admitted that he killed

the victim.
If the accused admitted killing the victim and
pleads self-defense, is the burden of proof shifted
to accused?
o No. The burden of proof never shifts; only the
burden of evidence shifts. (Although Boado
seems to have mixed up these terms because
she says that the burden of proof shifts.)
What are the requisites of self-defense?
o 1. Unlawful aggression
o 2. Reasonable means necessary to repel it
o 3. Lack of sufficient provocation by the
defender
What is ABSOLUTELY necessary out of these?
o Unlawful aggression. Without it, even if the
two others are present, there can be no
complete or incomplete self-defense.
If it is unlawful aggression alone, then it
is an ordinary mitigating circumstance.
If it is unlawful aggression plus one
other, then it is a privileged mitigating
circumstance.
o What is the nature of needed unlawful
aggression?
It must continue up until the act of selfdefense, because once it ceases, the
offender can no longer invoke selfdefense.

23

If there is no more unlawful aggression,

the self-defense is just mere retaliation
and thus invalid.
What if the other two are missing?
o There is incomplete self-defense and thus it is
just a mitigating circumstance, not justifying.
How is unlawful aggression defined?
o Actual peril to ones life, or merely a threat, but
real and imminent.
Is slapping unlawful aggression?
o Yes. It is unlawful aggression against his
honor. The face of a person is akin to his
dignity, honor, etc.
What is the effect of presence of multiple wounds
on the victim in a claim of self-defense?
o The nature of wounds belies a claim of selfdefense because it shows a determined effort
to kill the victim, and not mere self-defense.
Compare P v. Jaurige and P v. De la Cruz as re:
reasonable means:
o BOTH cases involved defense of honor.
o Jaurige: mere touching of thigh, in church, in
daylight. She killed him with fan knife. No selfdefense appreciated. The means used were
not reasonable.
o De la Cruz: groped in dark alley. Killed with
knife. Allowed to exercise self-defense.
o THUS, whether means are necessary is caseto-case.

o What do you consider?

1. Whether the aggressor was armed
2. The nature and quality of weapon
used
3. Physical conditions and sizes of the
parties involved
What is the rational equivalence rule in
reasonable necessity?
o The law does not demand material
commensurability between the means of attack
and defense. So this doctrine considers the
nature of imminent danger, and instinctual
actions. Note that a person in peril will not act
as rationally as normally expected.
What is the rule when a person is attacked?
o Not anymore retreat to the wall; now, it is:
Stand your ground when in the right.
If two people agree to fight, is there valid claim of
self-defense?
o No, because there is an agreement. There is
no unlawful aggression.
o What is the exception?
When they agreed to fight, but one
attacked ahead of the agreed time.
What is the extent of defense of property rights?
o May use such force as reasonably necessary
to prevent or repel the unlawful physical
invasion of his property. This does not seem to
involve the taking of human life.

24

o Dissent of P v. Narvaez: in order to defend

against the person, there must be aggression
not just against property rights but also against
the person of the owner.
o Correlate this with Art. 429 of the Civil code, or
the doctrine of self-help.
When is there sufficient provocation?
o Provocation is sufficient if it is sufficient to
incite the person to attack.
Is Art. 247 an absolutory cause?
o Yes. Because the only imposed penalty is
destierro. And that this is more of protection
for the one who killed.
o NOTE: differentiate Art. 247 from cases where
Self-defense under Art. 11 applies, even if the
situation is the same (catching spouse in
sexual congress)
Ex. Husband caught wife in sexual
congress. The wife, caught, wanted to
kill him, so he took the knife and killed
his wife.
The accused arrived and saw his wife in the act of
sexual intercourse. The paramour ran and the
wife dressed up. Gonzales went out. When he
got back, he heard rustling leaves. He saw the
paramour and the wife, who was putting on her
panties. He stabbed his wife. Can the husband
invoke 247? (P v. Gonzales)

o HELD: You cannot invoke 247 because at that

time, she was already putting on her panties,
not in actual sexual intercourse. (P v.
Gonzales)
o DISSENT: follow this You are unfairly
punishing him if we strictly apply the law. But
what can you deduce from the fact that she
was wearing her panties from a naked state. It
is asking too much to actually catch them in the
act of actual sexual congress.
Can one invoke Article 11 in Article 247 cases?
o Suggestion: Husband also has right to invoke
his honor and defend it, so Art. 11 can be
invoked by the one discovering the sexual
congress. He can also invoke 247, obviously.
o Prefer 11 over 247, because the latter results
in destierro. It is not a penalty, but a limitation
of his liberty.
Can you invoke Art. 247 if there is mistake of fact?
o Yes. Apply the Achong doctrine by analogy.
o Example: The husband saw movement of
buttocks, but the paramours penis hasnt
entered his spouses vagina yet.
Are the RPC provisions applicable to VAWC?
o Yes. Recall Art. 10: how RPC provisions apply
suppletorily, unless provided otherwise.
o Under RA 9262 (VAWC), Art 47: RPC
provisions supplement the VAWC law.

25

o The VAWC law even uses RPC terms for

penalties:
SPI: P.M.; LSPI: P.C., Slight PI: A.M.
What are the circumstances in P v. Genosa?
o The SC recognized the Battered Woman
Syndrome. But there was no RA 9262 then yet
so its still not an absolutory cause.
o The SC did not appreciate ordinary selfdefense because the threat to the womans life
has already ceased. There was no more
unlawful aggression.
o But the SC appreciated the following mitigating
circumstances:
1. Passion and obfuscation
2. Diminished will power
What is the Battered Woman Defense under RA
9262?
o The Battered Woman Syndrome (BWS) is a
justifying
circumstance,
notwithstanding
absence of any requisites of self-defense.
o The woman incurs neither criminal nor civil
liability.
o The defense is separate from and independent
from self-defense.
Who is a battered woman?
o One repeatedly subjected to forceful physical
or psychological behavior by a man with whom
she has an intimate relationship with in order to
coerce her to do something he wants.

o The cycle has to happen at least twice: 1.

Tension-building phase, 2. Acute battering
incident, 3. Tranquil, loving phase.
What are the characteristics of the BWS?
o 1. The woman believes the violence was her
fault
o 2. inability to place responsibility for the
violence elsewhere
o 3. She fears for her and her childrens lives
o 4. Irrational belief that offender is omnipresent
and omniscient
What are the requisites of defense of relative?
o 1. Unlawful aggression
o 2. Reasonable necessity of the means
employed to prevent or repel it
o 3. In case of provocation given by the person
attacked, the defender must have had no part
therein
o Who are the relatives under this provision?
Spouse, ascendants, descendants,
legitimate, natural, and adopted siblings,
or relatives by affinity within the same
degrees
Relatives by consanguinity until the
fourth degree
Anyone beyond this enumeration:
defense of stranger
What are the requisites of defense of strangers?
o 1. Unlawful aggression

26

o 2. Reasonable necessity of the means

employed to prevent or repel it
o 3. Person defending is not motivated by
revenge, resentment, or other evil motives
What are the requisites of state of necessity as a
justifying circumstance (Art. 11, par. 4)?
o 1. The evil sought to be avoided actually exists
o 2. The injury feared is greater than that done to
avoid it
o 3. There is no other practical and less harmful
means to prevent it
o What if the party invoking state of necessity
is responsible for the peril?
Cannot invoke this defense.
o What is the injury contemplated under
requisite number 2?
This is a broad concept. It can be
against property, liberty, etc.
What is the rule on civil liability for acts in the
state of necessity?
o Those who were benefited by the act
performed are liable to those to whom injury is
caused. Note that this is a purely civil liability
and does not arise from criminal liability.
What are the requisites of lawful exercise of right
or duty (Article 11, par. 5)?
o 1. Act out of duty or office
o 2. Injury caused is the consequence of the
performance of that duty or right

o What if the order is illegal?

Cannot follow the order unless it is
apparently legal and the subordinate did
not know it was actually illegal.

What is the limitation on the performance of

duties?
o It must be exercised neither capriciously nor
oppressively, and within reasonable limits.
There must act with sound discretion.
o X was a deranged man who was already
incapacitated by the police from doing
further harm. Y, one of the policemen,
seeing X lying on the ground, shot him
further on the forehead. Can Y invoke
performance of duty?
No.
The act performed was
unreasonable and excessive.
Can a policeman invoke SD and performance of
duty at the same time?
o Yes.
o An example is when a policeman saw one
person about to shoot another. The policeman
gave a warning and the offender pointed the
gun at the policeman. The policeman shot the
offender. He was both defending himself and
performing his duty in preventing the other
person from being shot.
What are the requisites of obedience to superior
order?
o 1. An order has been issued by a superior.
o 2. The order is for a legal purpose
o 3. The means used to carry out the order were
lawful

Art. 12: exempting circumstances

27

What are the exempting circumstances?

o 1. Imbecility or insanity
o 2. Minority
o 3. Accident
o 4. Compulsion of irresistible force
o 5. Impulse of uncontrollable fear
o 6. Insuperable or lawful cause
What are the characteristics of exempting
circumstances?
o The act is criminal, but the criminal is exempt
from criminal Liability
o But there is civil liability
o The emphasis is the actor, not the act
What is insanity?
o There is a complete deprivation of intelligence
in committing the act, and so there is complete
absence of ability to discern.
o Not mere abnormality of mental faculties or
mere frenzy due to anger.
When should insanity exist?
o In the period immediately before or at the
precise moment of doing the act.

o His mental condition after doing the act is

inconsequential.
o Note that there is a presumption of sanity and it
must be disproved beyond reasonable doubt.
What does it indicate when the actor surrendered
to the police after committing the crime?
o There is discernment because remorse is
inconsistent with insanity
What if the insanity occurs after the commission
of the crime?
o Refer to Art. 79, which provides that one who
becomes insane or imbecile after final
sentence will have the sentence suspended as
to the personal penalty. He will only be
sentenced when reason is regained.
What if there is no complete impairment or loss of
intelligence, and just a partial one?
o It is just a mitigating circumstance: illness that
would diminish exercise of will-power without
depriving consciousness of his acts
o A common example is schizophrenia: there is
no complete deprivation of intelligence, but
there is difficulty distinguishing fantasy from
reality
How is mental condition of an accused
determined in trial?
o The judge must order the examination of the
accused by a medical expert. The judge

28

cannot do it alone, because he is not an expert

on this matter.
Under RA 9344, how are minors classified?
o Children at risk are those vulnerable to and at
the risk of committing criminal offenses due to
personal, familial, and social circumstances.
o Children in conflict with the law are those
accused of or adjudged as having committed
criminal offenses.
What are the benevolent features of RA 9344?
o Age 15 and below = age of absolute
irresponsibility
Exempt from criminal liability
Subject to intervention program
o Age over 15 and under 18 = criminally liable
only where there is discernment
No liability if there is lack of
discernment.
Also
subject
to
intervention program.
Liable if there is discernment. However,
he will under a diversion program.
o Is the minor over 15 but below 18 acting
with discernment still entitled to the
privileged mitigating circumstance under
Article 68(2)?
Yes. RA 9344 did not change this.
What are the diversion programs for those over 15
but below 18 acting with discernment?

o Note: these are without going through court

proceedings
o 1. When the penalty of the crime is not over 6
years:
Crimes with victims:
Diversion program before law
enforcement officer or punong
barangay
Involves
mediation,
family
conferencing, conciliation with
child and parents/guardians
Crimes without victims:
Diversion program before the
local DSWD officer, with child
and parents/guardians
o 2. When the penalty of the crime exceeds 6
years:
Diversion is before courts
In case the penalty is not more than 12
years or just a fine, the court can
determine
whether
diversion
is
appropriate or not
o 3. If the offense does not fall under any of the
above or the child or parents/guardian does not
consent to diversion, the one handling the case
forwards the records to the prosecutor or court
within 3 days and then the case is filed
according to regular process
Can a child be detained pending trial?

29

o Yes, but only as a last resort and only for the

shortest possible period of time.
The
authorities can resort to alternative measures
such as close supervision, intensive care, or
placement with a family/educational setting.
What is the rule on automatic suspension of
sentence?
o Children below 18 at the time of commission of
the crime found guilty of the offense are placed
under suspended sentence without need of
application. The court then determines and
imposes the appropriate disposition measures
afterwards.
o What if the then-child is over 18 years old
upon the pronouncement of guilt?
It doesnt matter; there is still suspended
sentence.
o What if the child reaches 18 while under
suspended sentence?
The court determines whether to:
1. Discharge the child
2. Order execution of sentence
3. Extend suspended sentence for a
certain period, or until he reaches the
maximum age of 21
o What if the child undergoes period of actual
detention or commitment?
It will be credited in full.
What is the provision on probation?

o Upon application at any time, the court can

place the child on probation in lieu of service of
sentence. (This amended the Probation Law)
What is a status offense and how is it treated
under the law?
o Any conduct which is not an offense when
committed by an adult will not be considered
an offense and is thus not punished if
committed by a child.
o Ex. curfew laws
Did Ra 9344 retroact?
o Yes, it retroacted to pending cases and those
minors already convicted.
Under 9344, the minor is still exempt from specific
offenses even if he or she acted with discernment.
What are these?
o 1. Vagrancy
o 2. Prostitution
o 3. Mendicancy
o 4. Sniffing rugby
o What happens?
These
persons
would
undergo
appropriate counseling and treatment
program.
When is a child in conflict with the law subject to
preliminary
investigation
and
filing
of
information?
o 1. Child does not qualify for diversion

30

o 2. Child or parents/guardians do not agree to

diversion
o 3. Prosecutor determines that diversion is not
appropriate for the child, considering
assessment/recommendation of the social
worker
Who are the minors disqualified from suspension
of sentence?
o 1. One who once enjoyed suspension of
sentence already
o 2. Convicted for offense punishable by death or
life imprisonment
Note: punishable need not be actually
punished especially since the death
penalty has been abolished
o What was the ground under PD 603 that
was repealed by RA 9344?
When the child is already 18 upon
promulgation of sentence.
This is
impliedly repealed by the provision
stating that under RA9344, the age of
commission of the crime is the
determination
of
suspension
of
sentence, and not the age during
promulgation of the judgment.
After suspension of sentence, what is the
disposition order?
o After sentence, the court sets disposition
conference within 15 days from promulgation

Minor, parents/guardian, and social

worker are present
o Can issue:
1. Care, guidance, and supervision
orders
2. Drug and alcohol rehab
3. Participation in group counseling and
the like
4. Commitment to youth rehab center of
DSWD/other centers
When there is doubt if the person is a minor or
not, what is the appropriate proceeding?
o There is presumption of minority.
o File for summary proceeding in Family Court.
What if the minor was alleged as a coconspirator?
o The presumption of acting without discernment
still applies.
o Evidence of conspiracy does not automatically
mean the minor acted with discernment in the
commission of the crime.
May the presumption still apply even if the
allegation was reckless imprudence under Art.
365?
o Yes. (Jarco Marketing case)
What is the definition of discernment?
o When the minor is able to distinguish whether
his act is moral or licit or not..

31

o The utterances of a minor and overt acts

preceding crime, and nature of weapon is
evidence of discernment.
S.C. AM 02-1-18:
o If the minor committed a crime and the time the
law took effect, he was already 21, can he
enjoy the benefit of suspension of sentence
If a minor is charged with a heinous crime
punishable by death or RP-death, is he entitled to
suspension of conviction?
o Yes. Ubi lex non distinguit, nec non distinguire
debemos.
What are the requisites of accident?
o 1. performing lawful act with due care
o 2. causes injury to another
o 3. without intent or negligence
What if there is negligence?
o Article 365 applies: quasi-crime of reckless
imprudence
o Accident and negligence are mutually
exclusive.
o What is the difference between accident
and negligence?
Accident without fault of the human
being. Cannot be anticipated.
Negligence when there is some
degree of fault in the person

o A common example is failure to comply with

art. 125 of the number of hours when a person
arrested must be delivered to judicial
authorities, when there is a long holiday or the
judicial offices are not open, or there is a
calamity/accident that met them.

o NOTE: Under Art. 365, the court will not

consider Art. 13 and 14 in imposing the penalty
because this crime is NOT intentional.
What are the elements of irresistible force?
o 1. Force is physical and must come from an
outside source
o 2. The accused acts not only without a will but
even against his will, reduced to a mere
instrument
o 3. The duress, force, fear, or intimidation
present is imminent and impending, as to
induce well-grounded fear of death or serious
bodily injury
Thus, the fear must not be speculative,
fanciful, or imagined
What are the elements of uncontrollable fear?
o 1. Threat which caused the fear of an evil
greater than or equal to the act accused was
required to commit
o 2. The evil promised was of such gravity and
imminence that an ordinary man would
succumb to it
o Ex. X is a hostage who decapitated his fellow
hostage Y because their captors threatened to
kill X.
What is an insuperable cause?
o It applies to felonies by omission where the
failure to do so is due to a lawful or insuperable
cause.

Art. 13: mitigating circumstances

32

What are the mitigating circumstances?

o 1. Incomplete justifying and exempting
circumstances
o 2. Under 18 or over 70
Correlate with RA 9344
o 3. Praeter intentionem
o 4. Sufficient provocation or threat by the
offended party preceded the act
o 5. Proximate vindication of grave offense
o 6. Passion or obfuscation
o 7. Voluntary surrender or voluntary confession
prior to prosecutions presentation of evidence
o 8. Physical defect restricts means of action,
defense, communication
o 9. Illness diminishes will-power without
complete deprivation of consciousness
o 10. Analogous circumstances
No similar provision for aggravating
circumstances
If the criminal is 80 years, is there a mitigating
circumstance?

o 3. Specific applies to specific felonies

Ex. concealment of dishonor in case of
abortion by pregnant woman

o P v. Austria 27 June 2000 the accused was

charged with rape. He was already 83 years
old. His defense was erectile dysfunction. He
was convicted, but the SC applied the old age
as a mitigating circumstance. So far, this is the
only case where this case was applied.
Must mitigating circumstances be alleged in the
information?
o No.
How are mitigating circumstances classified?
o 1. Ordinary enumerated in Art. 13 and some
SPLs
If there is one, penalty lowered to
minimum period
If there are two or more ordinary
mitigating circumstances, the penalty is
lowered by one degree
Can be offset by generic aggravating
circumstances
Not considered when the penalty is a
single indivisible penalty (i.e. only RP
now)
o 2. Privileged
Lowers imposable penalty by one or
more degrees
Cannot be offset by any aggravating
circumstance
Even if the penalty is single and
indivisible, it is imposed

Ordinary

Privileged

Specific

Lower
to Lower by one or To
specific
minimum period
more degree
felonies only
If 2 or more,
lower by one or
more degree
Can be offset by Cannot be offset
ACs
by ACs
Cannot
imposed
indivisible
penalties

33

be Can be imposed
on on
indivisible
penalties

In
incomplete
justifying
and
exempting
circumstances, what are the requisites that must
always be present?
o 1. For self-defense, unlawful aggression
o 2. For accident, due care and lack of fault
When is incomplete justifying or exempting
circumstance
an
ordinary
mitigating
circumstance? When is it a privileged mitigating
circumstance?
o Ordinary if there is only one element or there is
no majority of required elements
o Privileged if there is majority, but not all, of
required elements

What is the nature of minority as a mitigating

circumstance?
o It
is
always
a
privileged
mitigating
circumstance
o It applies to those over 15 but below 18 who
acted with discernment reduce the penalty
to the next lower penalty, in the proper period
When can praeter intentionem not be invoked?
o RA 8049 lack of intent to commit so grave a
wrong as committed CANNOT be invoked by
accused in hazing incidents.
Can lack of intent to commit so grave a wrong as
that committed be invoked in malversation?
o YES. Ex. The petitioner was a municipal
treasurer, and the audit team discovered he
was short P72000 of funds. After a few
months, he returned the money he borrowed.
o Note: the SC also applied a mitigating
circumstance analogous to voluntary surrender
in this case.
What other rule must be taken into account vis-vis praeter intentionem?
o Art. 4(1) presumption that person intends all
the natural and logical consequences of his
felony.
o How to resolve: the means employed and the
result must be so disparate that the result is
not the logical and natural consequence of the
means

34

o Ex. X used a lead pipe to hit victim on the

eyebrow, and the victim died. SC refused to
apply the mitigating circumstance of lack of
intent to commit so grave a wrong as that
committed.
o P v. Pugay: (gasoline burning case) SC also
applied Art. 13(3), because the intent was less
than the material act committed.
What if two persons conspire to commit a felony,
and one intended to commit the grave wrong as
that committed, while the other did not?
o The conspirator who did not intend to commit
so grave a wrong as that committed cannot
invoke the mitigating circumstance.
o BUT if both of them did not intend to commit so
grave a wrong as that committed, then both
can invoke the mitigating circumstance.
Can both treachery and Art 13(3) be invoked
together?
o Yes.
Treachery refers to the manner or
method used to kill the victim, while praeter
intentionem refers to the state of mind of the
person. They may co-exist.
Can praeter intentionem be invoked for culpable
felonies?
o No. Obviously intentionem requires intent in
the first place, just that the intent did not match
the result.
What are the elements of sufficient provocation?

o 1. Sufficient
Merely shouting at the accused and
asking the latter to leave is NOT
proportionate to the latter killing the
former.
Need not constitute unlawful aggression
under Art. 11; the threshold here is
lower.
Need not be put in words; can be in
action.
Ex. entering anothers property
and then starting to gather the
latters crops.
o 2. Immediately preceding the commission of
the crime
This actually means immediate, not
like grave vindication which just requires
proximity
o 3. Originate from the offended party
If provocation and passion/obfuscation are based
on the same facts, is the accused entitled to two
separate mitigating circumstances or only one?
o Only one. The accused is only entitled to only
one mitigating circumstance, because both are
based on the same facts.
o Same rule between vindication of grave
offense and sufficient provocation.
What is immediate in immediate vindication of
grave offense?

35

o Proximity. It need not immediately precede the

act, but there must be no lapse of sufficient
time.
o How sufficient is sufficient time?
If there was only a gap of 30 minutes,
still okay.
P v. Palabrica: 1 day lapse is not okay.
P v. Ignas: only said hours still okay.
What is grave offense?
o Grave offense in this provision is different
from grave offense under Art. 9. Grave offense
under this provision might not even be a felony
at all. It usually is an assault to honor.
o When is an offense grave?
1. Determine social standing of parties
2. Determine place and time and
occasion when offense committed
o Grave offense even includes an insult
You are living at the expense of your
wife! appreciated as grave offense
o In a case, hitting someone with a bamboo stick
is not a grave offense.
Xs son eloped with Ys daughter. At that time, it
was really deemed a dishonor. Y looked for his
daughter for three days.
Y sought revenge
against Xs son and killed him. Is this vindication
of grave offense? (P v. Diokno)

o The SC said that it was. Even if three days

lapsed, the act of elopement was deemed
continuous, and the effect was still there.
o NOTE: This case may be a product of its time.
Now, this situation is pretty ordinary already.
So this case may be archaic already.
What is necessary for passion or obfuscation to
be considered?
o It must arise from lawful sentiments of the
accused. The offended party must have done
an act unlawful and sufficient to excite passion
or obfuscation
o It must not come from lawlessness or revenge,
or an illegitimate relationship
Bello: EXCEPTION.
He lived with
common law wife for 10 years. Bello
supported her for 10 years. After, the
common law wife wanted out, and
wanted to live with another man. Bello
killed her. Eh wala ka namang ibubuga
talaga eh. SC HELD: Passion and
obfuscation. Although the relationship
was illegitimate, nevertheless, the victim
was ungrateful.
How much lapse of time is allowed for passion
and obfuscation to be appreciated?
o P v. Ventura: Although passion and
obfuscation may arise from jealousy, since

36

there was a lapse of 1 week, accused was

expected to recover his equanimity.
Can vindication of grave offense co-exist with
passion or obfuscation?
o No. If they arise from the same facts, only one
will be appreciated.
Can treachery co-exist with passion or
obfuscation?
o No. Treachery CANNOT co-exist with passion
and obfuscation. When a person acts with
passion or obfuscation, he loses his reason
and self-control, which is inconsistent with
treachery, because one who acts with
treachery presupposes that he adopted a
mode of attack of killing the victim.
o Contra: treachery can co-exist with praeter
intentionem
What are the elements of voluntary surrender?
o 1. Offender surrendered to a person in
authority or his agent
o 2. Offender surrendered before arrest is
effected
o 3. Surrender is voluntary, i.e., spontaneous
and coming from intent to acknowledge guilt
and save time/resources of authorities
o 4. No pending warrant of arrest or information
filed
What is the most important element of voluntary
surrender?

o The spontaneity of such and intent to give up

and unconditionally surrender to authorities.
How has this provision been applied by analogy
by the SC?
o Navalos v. P: Before being charged of
malersation, the accused returned the amount,
he was deemed to have voluntarily
surrendered analogous. The return of the
money must be spontaneous.
What are the requisites of voluntary plea of guilt?
o 1. Made in open court
o 2. Spontaneous and unconditional
o 3. Prior to presentation of evidence by the
prosecution
Does this include extra-judicial confessions?
o No.
May voluntary plea of guilt and voluntary
surrender both be considered in one case?
o Yes. They are two separate and distinct
circumstances not arising from the same facts.
The offended party is entitled to two mitigating
circumstances.
What is the character of the plea of guilty?
o It must be unconditional and the accused must
admit to the offense charged.
What is relevant for the mitigating circumstance
of physical defects and illness?
o The defect or illness must relate to the offense
charged, because the defect must have

restricted his means of action, defense, or

communication with his fellow human beings.
o Ex. rape committed by a deaf and dumb man
on the girl of his dreams to whom he cannot
convey his feelings to
o But not when it was committed by a man with
a severed left hand, because it does not limit
his
means
of
action,
defense,
or
communication
What is necessary for illness that diminishes
willpower of the accused?
o It must only diminish and not deprive the
offender of the consciousness of his acts;
otherwise, it is an exempting circumstance
What are NOT examples of analogous mitigating
circumstances?
o 1. Being part of a minority group
o 2. Extreme poverty
o 3. Abberatio ictus
o 4. Mistake in identitiy
What are some examples of analogous mitigating
circumstances?
o 1. Mitigated mental capacity of a battered
woman (decided pre-RA 9262)
o 2. Voluntary return of stolen goods

Art. 14: aggravating circumstances

37

What are the aggravating circumstances?

o 1. Advantage of public position

o 2. In contempt of or with insult to public

authorities
o 3. With insult or disregard of rank, age, or sex,
or in the dwelling of the offended party, if the
latter did not provoke
o 4. Abuse of confidence or obvious
ungratefulness
o 5. Committed in the palace of the Chief
Executive, or in his presence, or where public
authorities are discharging their duties, or in a
place of religious worship
o 6. Nighttime, or in an uninhabited place, or by a
band
o 7.
Committed during a
conflagration,
shipwreck, earthquake, epidemic, or calamity
o 8. With aid of armed men or persons who
insure/afford impunity
o 9. Recidivism
o 10. Reiteracion
o 11. Price, reward, or promise
o 12. By means of inundation, fire, poison,
explosion, stranding of a vessel, derailment of
locomotive, use of any artifice involving waste
and ruin
o 13. Evident premeditation
o 14. Craft, fraud, or disguise
o 15. Superior strength or means employed to
weaken the defense
o 16. Treachery

38

o 17. Ignominy
o 18. Committed after unlawful entry
o 19. Committed after breaking through a wall,
roof, floor, door, or window
o 20. With aid of persons under 15 years old, or
motor vehicles
o 21. Cruelty
Compare with mitigating circumstances:
o This list is exclusive, whereas in mitigating
circumstances,
there
are
analogous
circumstances allowed
o Aggravating circumstances must be alleged in
the information, mitigating circumstances need
not (since theyre matters of defense)
What are the types of aggravating circumstances?
o 1. Generic aggravating
Apply generally to all crimes
Can be offset by ordinary mitigating
circumstances
Increases penalty to maximum period
Are additional rapes or killing in the
case of robbery with rape or robbery
with
homicide,
for
instances,
aggravating?
No, its not enumerated under law
as such.
Its an anomalous
situation, but doubt is resolved in
favor of the accused.

P v. Hipol: The malversed amount was

so huge, that the Sol. Gen said that the
crime was already economic sabotage
and must be considered an aggravating
circumstance. SC: There is no such
aggravating circumstance as economic
sabotage. No matter how huge the
amount is, it is not aggravating
o 2. Qualifying circumstances
Cannot be offset by any mitigating
circumstance
Changes nature of crime
Must be alleged in the Information as
such new offense
No need to increase the penalty
because the change in the crime itself
has changed the penalty as well to a
higher one
Can qualifying circumstances not
alleged in the information but proved
in trial be appreciated as generic
aggravating circumstances?
No, due to the amendment in
Criminal Procedure
X was charged with homicide with
the
generic
aggravating
circumstance of treachery. Can the
trial court find him liable for murder?

39

No, treachery was alleged as a

general aggravating and not a
qualifying circumstance.
How many circumstances are needed
to qualify an offense?
Just one.
The rest become
generic
aggravating
circumstances.
o 3.
Special
or
specific
aggravating
circumstances
Apply to specific felonies; found outside
Art. 14
o 4. Inherent circumstances
Those already integral to the crime and
thus cannot aggravate the penalty
Ex. In the crime of falsification of
document by public authority, then
abuse of public position is deemed
inherent. Same with malversation and
other crimes by public officers.
What is the special aggravating circumstance
introduced by RA 7659?
o Committed by an organized/syndicated group
impose maximum penalty if the offense was
committed by any person belonging to an
organized or syndicated crime group (2 or
more persons collaborating or mutually helping
one another for purposes of gain in the
commission of the crime)

What are the special aggravating circumstances

introduced by RA 8353, Article 266-B?
o See crimes against persons: ex. victim is under
18 and rapist is relative, gave victim AIDS,
committed by AFP/PNP, etc.

Art. 14(1) advantage of public position

When is this present?

o When the public official uses the influence,
prestige, and ascendancy of his office to
realize the purpose.
o Tests under case law:
1. Offense is in relation to his office
2. He cannot commit the offense without
holding such public office
o Ex. jail guard who was able to use his position
to kill an inmate
When does advantage of public position not
apply?
o Does not apply if the public position is a
constituent element of the crime;
o Examples:
Crimes committed by public officers
Inherent in the crime of falsification by a
public officer of a public document
If the public officer could have committed the crime
anyway without the use of public position, it is not
aggravating.

40

o P v. Tabeon: If the accused given a gun by the

government by virtue of his position uses that
gun to commit homicide, the use of that gun is
an aggravating circumstance. He could not
have used that gun unless he was a public
officer.
o But see P v. Villamor: Where Villamor used a
gun officially issued to him by virtue of office
use of that gun was not an abuse of public
position. This is contrary to Tabeon.
o N.B. The later decision is Villamor, but Justice
Callejo agrees with Tabeon. Follow Villamor,
though,
Two policemen were in the police car. They
stopped and ordered a girl to enter the car. One
policeman stole the watch and wallet of the girl.
The policeman driving did not say anything. Both
were held liable for robbery. Did the aggravating
circumstance of taking advantage of public
position apply even to the driver of the car?
o Yes. He could have prevented the other
policeman from robbing the siblings. But he
did not. This was abuse of public position.
Is this a generic or special aggravating
circumstance?
o The use of ones public position in the
commission of a crime is a special aggravating
circumstance. (RA 7659, Sec. 23)

o Thus, it cannot be offset by generic mitigating

circumstances.
Art 14(2) with contempt of or in insult of public authority

What are the requisites of contempt/insult of

public authority?
o 1. crime committed
o 2. person in authority engaged in exercise of
public position
o 3. offender knew he was a person in authority
o 4. victim is NOT a person in authority
A barangay captain was playing cards with some
people.
The accused shot him.
Does this
provision apply?
o No. First, the person in authority must NOT be
the victim per se, and second, he was not
performing his duty at that time. He was
playing cards.
o What if the crime was committed against
the person in authority?
Then it is direct assault.
This
aggravating circumstance does not
apply.
What if the crime was only committed in the
presence of an agent of a person in authority?
o This provision does not apply.
o Ex. If in the presence of a policeman, not
aggravating because the policeman is only an
agent of a person in authority.

Supposing a crime is committed in the presence

of a professor while the latter was performing his
duty?
o This is not aggravated. A teacher or professor
is only a person in authority under Art. 148 and
152 of the RPC (direct assault).
Is there an exception?
o RA 9165 a teacher or professor is a person
in authority for the purpose of enforcement of
the DDA.
o If you smoke marijuana in the presence of a
professor, the professor is a person in
authority.
In the national penitentiary, sometimes the
inmates feel bored and they kill each other. Is this
aggravating?
o Yes. Where the inmates killed another in the
National Penitentiary, this was in contempt of
public authority.

Art. 14(3a) insult to age, rank, sex

41

What
is
required
for
this
aggravating
circumstance to apply?
o There must be deliberate intent to insult or
show manifest disregard for the age, rank, sex.
Not merely because the victim is a female or
has a rank, this A.C. applies.
Can this coincide with passion and obfuscation?

o No, because the offender must have

deliberately intended to offend or insult the
offended.
The accused was conversing with the barangay
captain and the former killed the latter. May the
A.C. of rank apply?
o No. The mere fact that victim was a person
with a rank, such as barangay captain does not
necessarily mean its aggravating, absent
evidence that the killing was deliberately
intended to disregard or insult or threaten to
insult the rank of the victim.
What are further considerations for circumstance
of rank?
o The charge must not include rank as an
element. If the accused was charged with
complex crime of direct assault of PIA with
murder then the AC cannot be appreciated
because it is inherent.
o If the charge was just murder, then the AC
applies.
When is the A.C. of sex not applicable?
o 1. If the accused acted with passion or
obfuscation,
o 2. when there is an amorous relationship
between the accused and the victim,
o 3. When there is a relationship of employeremployee,

42

o 4. When the sex of the victim is inherent in the

crime,
A 20-year-old man raped an 80-year-old woman.
The victim was the teacher of the accused in
grade 1. Key fact: victim was already retired!
Does insult to rank apply?
o Yes. The Fact that the offended party was
already retired did not diminish the respect due
her rank as his former teacher.
Do these this apply to crimes against property?
o No.
Not aggravating in crimes against
property.
o Examples of where insult to rank, age, sex
does not apply:
Robbery
Robbery with homicide since here, the
homicide was merely an incident to
robbery
[NOTE: the Escote doctrine applies to
treachery, not here.]
Is insult to rank, age, sex absorbed by treachery?
o No. The aggravating circumstances of age and
sex cannot be absorbed by treachery.
Treachery pertains to manner of commission.
Insult to age, rank, sex refers to relationship.
o Ex. The accused murdered a child 3 days old.
The SC appreciated the A.C. of age in
convicting the accused of murder.
Also

treacherous since the child cannot defend

himself.
o But see P v. Malolot: Accused hacked to death
an 11 month old child. SC HELD: A.C. of age
of victim DOES NOT apply, because it was
absorbed by treachery. (Justice Callejo does
not agree with this case. But Malolot might be
prevailing, being the newer case).
Art 14(3b) dwelling

Does dwelling apply when both parties live in the

same house?
o Generally, it is not aggravating.
o Victim was stay-in laundrywoman, but it
was not her house. The killer was the
houseboy, who also lived that house. The
laundrywoman had her personal room, and
the houseboy had his as well. Is dwelling
aggravating?
Yes. Although the offender and offended
lived in the same house, the crime is
aggravated by dwelling, because the
room was deemed a dwelling,
notwithstanding being in the same
house.
Each room although located in the same
house is considered a dwelling separate
and independent of the adjacent rooms.
What is considered as dwelling?

43

o Includes every dependency of the house and

every integral part of the house. Includes
staircase, enclosure under the house, and the
terrace.
If the person is stepping on the first rung
of stairs, then it is dwelling. But if he
has yet to step, not yet.
o To be considered as dwelling, it must be used
exclusively for rest and comfort.
Ex. the victim owns a building consisting
of two floors: ground floor is video shop
and 2nd floor is residence. The victim
was killed in the video shop. Here,
dwelling does not apply. The video
shop is not exclusively for rest and
comfort, even if in the same building.
What if the person is a squatter?
o Dwelling still applies. The law does not make
any distinction as to the validity of title over the
property.
What if the land is enclosed with a fence and the
person is outside the house but inside the fence?
o Dwelling does not apply.
When does dwelling not apply?
o If the victim gave sufficient provocation.
o What are the elements of sufficient
provocation?
1. Offended party gives provocation
2. The provocation is sufficient

is homicide and arson as separate crimes.

There is no special complex crime of homicide
with arson.

3. The provocation is immediately

before the crime
Does the offender have to actually enter the
house?
o No. The law does not require that the offender
must also be in the house. The offender can
shoot from outside the house and kill a person
inside it is still considered as dwelling,
Does dwelling apply in robbery?
o Distinguish:
o Dwelling is aggravating in robbery with
homicide or robbery with intimidation of
persons.
o However, in robbery with force upon things,
dwelling is inherent in the crime.
Is dwelling aggravating in arson?
o No. (PD 1613)
A person dies inside a building burned on
purpose. When is it homicide, and when is it
arson?
o Intent determines:
o 1. If the intent is to burn the house, then the
burning is arson even if a person dies.
Homicide is absorbed.
o 2. If the intent is to kill the person and the
burning was the means employed to commit
the crime, it is homicide.
o 3. If the intent is to kill the person, and the
house is burned to cover up the crime, then it

Art 14(4)
ungratefulness

abuse

of

confidence

or

obvious

What are the elements of abuse of confidence?

o 1. Offended party reposed trust and confidence
to offender
o 2. Offender abused this trust and confidence
What must be the character of the confidence
reposed?
o The confidence must be IMMEDIATE AND
PERSONAL such that it gives the accused
some advantage and makes it easier to commit
the crime.
o Ex. The mother of the victim had a common
law husband, whom the victim called papa.
Papa raped the daughter. This was abuse of
confidence, even if the relationship between
the mom and papa was illicit.

Art. 14(5) committed in a place of worship

44

What are contemplated here?

o 1. Committed in palace of Chief Executive
o 2. Committed in the presence of Chief
Executive
o 3. Committed in place where public officers are
discharging duties
o 4. Committed in place of worship

o Distinguish 1, 2, and 4 from 3:

For palace, presence of CE, and place
of worship it is enough that the offense
was committed in that place
For public officers in discharge of their
duties, it is necessary that the
performance of function is being done
How will this aggravating circumstance of place
of worship (and the like) apply?
o There must be intent from the outset to commit
the crime inside the place of worship. Here,
the accused did not intend to commit the crime
inside the church (she did not expect the man
to touch her thigh).

Art. 14(6) night time, uninhabited place, or by a band

If all three are present, are these separate

aggravating circumstances or only one?
o General rule: only one applies.
o Exception: These may be considered
separate and distinct if their elements are
distinctly
perceived
and
can
subsist
independently of each other, revealing greater
perversity.
What are the tests of night time?
o Subjective test when night time was sought
purposely to commit the crime.
o Objective test when nighttime facilitated the
commission of the crime

45

o N.B. The subjective and objective tests are

alternative. They need not concur. Either
tests application is sufficient.
o It is not enough that the crime was committed
in night time. There must be evidence that
night time was sought for, or the nocturnity
facilitated the commission of the offense
What if the moon is shining brightly or there is a
streetlamp illuminating the event?
o Then nighttime is not appreciable.
When is nighttime absorbed by treachery?
o If it is part of the treacherous means to insure
execution of the crime.
Otherwise, it is
separately appreciated.
What determines if the crime was committed in an
uninhabited place (despoblado)?
o It is not the distance, but the possibility or
impossibility of immediate aid to be obtained.
The more important consideration is if the
commission of the crime makes it possible for
the victim to receive aid.
o Ex. The distance is not so great, but one has to
climb up a hill to reach the house to render aid.
There is despoblado.
What is the burden of the prosecution?
o Prosecution must prove that the accused
chose the remoteness of the place to aid the
commission of the crime, or to conceal the
commission of the crime.

When is there a band?

o More than three armed malefactors (at least
four).
o Must all of them be armed?
Yes.
What is the test for armament?
o Any weapon which, by reason of its intrinsic
nature or purpose, is capable of inflicting
serious or fatal injuries.
What is the character of participation of the four
malefactors?
o The four armed persons contemplated in the
law must be principals by direct participation
for band to be considered. They must act
together in the execution of the crime.
There were four accused, and it was alleged that
they composed a band, in the information. Two
were acquitted. Is there crime by a band?
o Band is still subsistent even if two were
acquitted.
o DISSENT: No band.
What is the characteristic of crime by a band?
o Merely generic.
(Ex. robbery with rape,
robbery with homicide, physical injuries, etc.)
This means that this can be offset by a generic
MC.
o Contrast: Art. 266-B if rape is committed by 2
or more persons, the offender is sentenced

from RP to death (special aggravating

circumstance).
When is crime by a band a qualifying
circumstance, and not just a generic aggravating
circumstance?
o Only Article 294, pars. 3 to 5. This is robbery
with violation against persons.
o Recall:
Par 1: with homicide band is
aggravating
Par 2: with rape, intentional mutilation,
and lesiones graves resulting into
blindness, impotency, imbecility, or
insanity aggravating
Par 3 to 5: other kinds of robbery with
violence against persons band is
qualifying

Art. 14(7) calamity or misfortune

46

To what situations does this apply to?

o Conflagration,
shipwreck,
earthquake,
epidemic
o And other calamities and misfortunes
These must be similar to the
abovementioned, so it cannot refer to
acts of men
Distinguish from Art. 14(12):

o That refers to means of committing the crime.

This provision refers to crime committed on the
occasion of calamity or misfortune.

Art. 14(8) with aid of armed men

Requisites for aid of armed men?

o 1. Armed men or persons took part in the
commission of the crime directly or indirectly
o 2. Accused availed himself of aid of such men
or relied upon them when the crime was
committed
The armed men are accomplices who take part in a
minor capacity, directly or indirectly.
What if there is a conspiracy with the armed men?
o There should not be any conspiracy or the
armed men must not be principals.

Band

Armed men

All are principals

Accomplices

Organized
crime syndicate

At least 4 armed Number

men
immaterial
Crimes
specified

not Crimes
specified

At
least
persons

two

not Crimes are for

gain

Art 14(9, 10) recidivism, reiteracion

What are the different forms of habituality?

o 1. Recidivism
o 2. Reiteracion
47

o 3. Habitual delinquency
o 4. Quasi-recidivism
Who is a recidivist?
o Elements:
1. During trial for one crime
2. Has been previously convicted
3. By final judgment
4. Of another crime under the same title
in the RPC
o Important things to note:
At least two convictions one preceding
the other, and the preceding one must
have final judgment already
Both offenses must fall under the same
title in the RPC
No specific period between convictions
required
o What if the first offense is pardoned?
Still a recidivist because only the effects
of the crime were extinguished by
pardon, not the existence of the crime
What is the nature of recidivism?
o Generic aggravating circumstance
What is reiteracion?
o Elements:
1. The offender has previously been
punished (has served sentence)
2. First offense must have had a greater
or equal penalty;

3. Or two or more prior offenses with

lighter penalty
o Do they have to fall under the same title of
the code?
No.
Recidivism

Reiteracion

Previous conviction by final Previous

judgment
sentence

service

of

Under same title of the No need to be under same

RPC
title
No requirement as to One crime or greater
penalty in prior conviction
penalty or at least two
crimes of lesser penalty

What is habitual delinquency?

o Elements:
1. Within a period of 10 years from date
of release or last conviction
2. For falsification, robbery, estafa, theft,
serious or less serious physical injuries
(FRETSeL)
3. Found guilty of said crimes a third
time or oftener
o What is the nature of habitual delinquency?
It is special aggravating circumstance,
which imposes an additional penalty
(not just increase) which escalates with
the number of convictions. Thus there

48

will be two penalties: for the crime and

for the habitual delinquency.
As such, this cannot be offset by
mitigating circumstances
o Important things:
At least 2 convictions
The third conviction must be within 10
years from the second conviction. The
10 year period is counted from the date
of release if he had been released when
against convicted.
o Can one be a recidivist and a habitual
offender at the same time?
Yes, if he is convicted a third time for
crimes of estafa, robbery, or theft which
are within Title X of the RPC, or for
serious and less serious physical
injuries which are both within Title VIII of
the RPC.
What is quasi-recividism?
o Elements:
1. Offender previously convicted by final
judgment
2. Before beginning to serve such
sentence, or while serving it, he
commits a felony
o What is the nature of quasi-recividism?
It is a special aggravating circumstance
which must be alleged in the information

Cannot be offset by ordinary mitigating

circumstances
o Effect:
Penalize convict with maximum period
for the new felony committed
o What if during service of first conviction, he
reaches 70 years old or he completes
service of the first conviction after 70?
He is pardoned, unless he is a habitual
criminal or his conduct/circumstances
show he is unworthy of pardon

Art 14(11) price, reward, or promise

What must be given as price, reward, or promise?

o Need not be money.
When does this aggravating circumstance apply?
o But the inducement MUST be the primary
consideration by the principal by direct
participation.
If the offer is accepted, does the AC apply to both
offeror and offeree?
o YES. Both of them.

Art 14(13) evident premeditation

Art 14(12) explosives, poison, fire, etc.

o If used to commit ANY of the crimes in the

RPC and it results to injury or death of any
person, it is an aggravating circumstance
o Except in furtherance of political crimes, which
absorbs the use of explosives
o N.B. contrast this with illegally possessed
firearms, which only aggravates murder or
homicide
When do these circumstances cease becoming
generic aggravating circumstances?
o 1. When it is a crime in itself
o 2. When it is a means included in defining a
crime

Take note of COMADRE and MALNGAN (very

important cases)
Under RA 8294, when does the use of unlawfully
manufactured, acquired, or possessed explosives
aggravate?

49

What are the elements of evident premeditation?

o 1. Proof of time when the accused came up
with the determination to commit the crime
o 2. Overt act by accused showing he
determined to commit the crime and that he
clung to that determination.
o 3. Lapse of time between the determination
and decision to carry it out.
What is the essence of this aggravating
circumstance?
o Precedence of cool thought and reflection
How much time must elapse?

o The law does not give a formula. Each case

must be resolved on the extent of each factual
circumstance.
o P v. Beltran: There was only a lapse of two
hours from the decision to commit the crime
and the actual commission of the crime.
o Was there evident premeditation when one
wanted to kill X but he killed Y instead?
No. Because he did not intend to kill the
other guy.
But if one decided to kill any Ilocano or
anybody he encounters and he does,
this AC applies.
So the test is what the initial plan was
(whether it involved a specific person or
group) and whether the execution
matched the plan.
When is evident premeditation inherent?
o Evident premeditation is inherent in every
specific intent felony.
o Examples:
Kidnapping
Robbery
Estafa (intent to gain)
Piracy in Phil. Waters
When is there evident premeditation in robbery
with homicide, and when is there none?

o If in addition to the crime of robbery, the

accused intended to kill a person, evident
premeditation is aggravating.
o If he had no plan to kill a person, but he ends
up killing a person in the house who put up
resistance, there is no evident premeditation.
Does evident premeditation apply to conspiracy?
o If two or more persons conspire to commit a
crime, and they decide to commit it, there may
be evident premeditation if the conspiracy
allowed the conspirators to ponder upon and
reflect on their decision to commit a felony.
o Differentiate:
1. instant conspiracy: has no evident
premeditation
2. non-instant conspiracy: time to reflect

Art. 14(14) craft, fraud, or disguise

50

Distinguish:
o 1. Craft cunning or intellectual trickery to
carry out the evil design
o 2. Fraud deceit, insidious words and
machinations
o 3. Disguise concealment of identity
What is the relationship of these with treachery?
o Treachery absorbs these.
Craft and fraud may be aggravating in robbery with
homicide, where the accused induced the victim to

o Can superior strength in this case offset a

mitigating circumstance?
No because it already lost its juridical
existence.

take them where the cows they supposedly wanted to

buy are found. But they ended up killing the victim.
o HELD: Aggravated by craft. Used intellectual
trickery.

Art 14(16) treachery

Art 14(15) superior strength

When is there superior strength?

o Offenders intentionally employ disproportionate
force to the means of defense available to the
offended party
Four accused were armed with a knife. One killed
the victim, but there was conspiracy. Only one
was armed. Does superior strength apply?
o Yes, still superior strength, because the victim
was unarmed.
Does superior strength apply in parricide?
o No, do not consider abuse of superior strength
in parricide. It is generally accepted that the
husband is physically stronger than the wife.
What happens when an aggravating circumstance
is absorbed by another?
o It loses its juridical existence.
o What is the relationship between treachery
and abuse of superior strength?
Generally, abuse of superior strength is
absorbed by treachery.
Abuse of
superior strength then loses its juridical
existence

51

For treachery to exist either as a generic

aggravating or qualifying circumstance, what two
conditions must apply?
o 1. Employment or means, manner, or method
of execution that would ensure the safety of the
offender from any defense or retaliation of the
offended party
o 2. Deliberate act of the offender or conscious
choice of the means, manner, or method of
execution
Shown through a) prior conduct of the
offender; b) relationship of the parties; c)
nature of the killing
May treachery be considered in carnapping with
killing of a person?
o No. Treachery is not aggravating in qualified
carnapping. Carnapping is a crime against
property, so treachery is NOT aggravating. (As
held in a case)
o Is this still true today?
NOT ANYMORE. Take note of P. v.
ESCOTE (see discussion below), which

appreciated treachery in robbery with

homicide.
P v. Escote
o Take note that before this case, the SC has
always been divided whether treachery can
apply to robbery with homicide. Those who
say no say that it cant apply because robbery
with homicide, which is a crime against
property.
o But here, J. Callejo decided to cite Spanish
SC decisions, stating that treachery may
aggravate the homicide part of that special
complex crime. So treachery applies.
o Why not qualifying?
The crime of robbery with homicide is a
unique crime in the sense that there can
be no robbery with murder. Homicide is
always used as a generic term, even if
the second component is actually
murder.
And even if the homicide was actually
just out of negligence, it can still be
robbery with homicide.
Is treachery qualifying in special complex crime of
kidnapping with murder?
o Yes. If the victim of kidnapping is killed with
treachery, it is a special complex crime of
kidnapping with murder.
o So treachery can apply, under the Escote rule.

Does suddenness of attack per se prove

treachery?
o No, Mere suddenness of the attack does not by
itself suggest treachery, unless the offender
used the suddenness of the attack as means
or method to ensure success of strike.
o Chance attacks or crimes done in the spur of
the moment, or those preceded by heated
altercation, are NOT treacherous
May treachery be considered if the wrongful act
done be different from that intended by the
offender?
o Treachery is present even if the victim killed is
different the one intended to be killed (because
what only matters is the means of killing).
o Treachery may be present in aberratio ictus or
error in personae, again because it is not the
intent but the means/method that matters.
What is the nature of killing by poisoning?
o Treachery is inherent in killing by poisoning. If
the offender poisoned the victim, treachery is
inherent.

Art 14(17) ignominy

52

What is ignominy?
o Circumstance pertaining to a moral order which
adds disgrace or obloquy to the material injury
caused to the offended party and tends to
make the crime more humiliating

Examples of ignominy:
o 1. The accused lighted a cigarette on the pubic
area of the victim which caused blisters.
o 2. When the accused focused his flashlight on
the genitals of the offended party, and he
examined it before he raped her in front of her
father.
o 3. Raped victim before her betrothed
o 4. Asking her to present her full nakedness
before raping her
In the Bacule and Sailan cases, where
respectively, the rapist tied a banana fiber around
his penis before the rape, or when the rapist
raped the victim dog-style, there was ignominy.
Does this still apply?
o No, these must be modified. Art. 266-A of
RPC: Decisions in Bacule and Sailan are now
amended. These are now acts of sexual
assault.
The accused after killing the victim cut off the left
leg and took the flesh from the legs and shoulders
of the victim. Is this ignominy?
o No, because the victim was already dead.

Art 14(20) with aid of minors under 15 years of

age/motor vehicles

Is the minor himself liable?

o No. Remember RA 9344 a minor under 15 is
absolutely exempt from liability
o So if he assists, then the minor is completely
exempt from liability
But the same is still an aggravating circumstance for
the offender of legal age.
When is use of motorized means of conveyance
aggravating?
o When the motor vehicle was purposely used to
facilitate the commission of the offense
o Not when used to escape

Art 14(21) Cruelty

Art 14(18-19) unlawful entry or breaking in

When is it inherent?
o 1. Trespass
o 2. Robbery with force upon things

When is there unlawful entry?

o When an entrance is through a way not
intended for such purpose
o Must be for purposes of entry and not escape
53

What is cruelty?
o Unnecessary physical pain in the commission
of the crime
What is the test?
o Whether the accused deliberately and
despicably augmented the wrong committed by
him by causing another wrong not necessary
for its commission, or inhumanly increasing the
suffering of the victim, slowly and gradually

contrary, the positive finding for drugs shall be

considered an aggravating circumstance.

Does the number of wounds per se determine

cruelty?
o No. It is the deliberate act of committing the
crime to cause unnecessary pain, not number
of wounds.
o Ex. 20 wounds inflicted rapidly is usually not
cruelty
o Ex. 20 wounds excruciatingly inflicted, where
the person savored the act, can be cruelty
There can be no crime of robbery with multiple
homicide, regardless of the number of victims.
But supposing for this reason of robbery, two are
killed, can we not consider the 2nd killing as an
aggravating circumstance analogous to cruelty?
o No. Notwithstanding how many people he
killed, there is no aggravating circumstance.
o The reason is simple: it is not among those
listed in Art. 14.

R.A. 8294

Special laws relating to aggravating circumstances

R.A. 9165

Supposing the accused was under the influence

of drugs and then he killed a person, may the
killing by that person under the influence of drugs
be considered an aggravating circumstance in the
commission of the crime?
o Yes.
Under R.A. 9165, sec. 25
notwithstanding provisions of law to the

54

P v. Comadre Justice Tinga said that 8294

amended Art 14(12), because usage of illegally
possessed firearms becomes an aggravating
circumstance. Tinga: if the person is in lawful
possession of the explosives, then he uses it, it is
QUALIFYING to murder.
Dissent of Callejo:
o Its absurd!
If illegally possessed only
aggravating. If legally possessed qualified to
murder! This is unjust.
o Use
of
an
unlicensed
explosive
is
AGGRAVATING. Because it says any crime in
the RPC. So that should include murder. It
shouldnt be qualifying.
If unlicensed firearm is used to commit murder or
homicide, it is merely an aggravating circumstance.
But what kind? Is it generic or special AC?
o It is a special AC, not merely generic. So there
can be no offset.
Does illegal possession aggravate attempted or
frustrated homicide or murder?
o No. The law says homicide or murder. It must
be consummated. If the crime is merely
attempted or frustrated, the AC does not apply.

Under 8294, if one uses an unlicensed firearm to

commit a crime other than homicide or murder, then
the use of the unlicensed arm is neither a separate
crime nor an AC.
BUT that person must be
convicted for that other crime, before the usage of an
unlicensed firearm can be considered as either a
separate crime or an AC.
Does illegal possession of unlicensed firearm
aggravate robbery with homicide?
o No. The law is clear: only murder or homicide.
(Although there are SC decisions to the
contrary.)
Do the words homicide and murder include
parricide and infanticide? Or should it be read
strictly?
o P v. Mendoza murder is used in its generic
term.
It therefore include parricide or
infanticide, as the case may be.
o But one can argue that since the law only
mentions these two crimes, under pro reo, then
it must be construed in favor of the victim.
There is security guard of an agency. The agency
has license to possess firearm, but the guard
does not. The security guard used the gun to
commit murder. Is it AC?
o Yes, it is. Even if the employer was licensed
but the guard had no license to possess that
firearm, then RA 8294 applies.

An accused committed double murder (complex

crime). He used an unlicensed firearm. Is it
special AC?
o It should be. The law does not distinguish
whether it is simple or complex. But there is no
case yet.

RA 8353

When the accused raped the victim in the

presence of her parents and husband, there was
aggravating circumstance of adding ignominy. Is
this still applicable??
o Not anymore. In RA 8353, it is a SPECIAL
QUALIFYING circumstance.
(under the
enumeration)
R.A. 8353 is found in Art. 266-B of the RPC. The
crime of simple rape becomes qualified becomes
penalty of RP to death.
Did R.A. 8353 amend Art 14 of the RPC?
o Not really.
o In Art 266-B, the use of a deadly weapon to
commit rape is a special qualifying
circumstance which increases the penalty from
RP to RP/death. It is not an AC under Art. 14,
but under Art. 266-B and 266-C of the RPC.

Art. 15: alternative circumstances

55

What are alternative circumstances?

o Either aggravating or mitigating according to

the nature and effects of the crime and other
conditions attending its commission
o Only considered when they influence the
commission of the crime
What are the three alternative circumstances?
o 1. Relationship
o 2. Intoxication
o 3. Degree of instruction/education of offender
What is the scope of relationship under Article
15?
o Spouse
o Ascendant, descendant
o Legitimate, natural, adopted siblings
o Relative by affinity in same degrees
o What if the relationship is just between
step-parent and stepchild?
The relationship between step father
and step son is akin to that to an
ascendant and descendant and is
subject to AC of relationship.
BUT
relationship
between
step
grandniece and step grandfather is not
one of the relationships contemplated in
Art. 15 of the RPC, as with similar
examples.
o What about first cousins?

56

When the accused and victim are first

cousins,
relationship
is
NOT
aggravating.
o What about uncle and nephew?
No. Uncle and nephew/niece not
covered.
Is relationship an AC in rape?
o Yes.
o Relationship is aggravating in crimes against
chastity, including rape.
o While rape is now a crime against persons, it
does not lose its nature as a crime against
chastity, because for rape to be committed
there must be lewd design. Thus, relationship
is still an AC in rape.
o What is the effect of father-daughter
relationship in rape?
Its now a
special aggravating
circumstance under RA 8353. No need
to resort to relationship as an alternative
circumstance.
What if the imposable penalty becomes death?
o In crimes where the imposable penalty is
death, relationship shall not be deemed an AC,
regardless of the crime.
When is relationship aggravating and when is it
mitigating?

o Relationship is aggravating in crimes against

chastity, whether offender is of higher or lower
degree relative
o Relationship is mitigating in crimes against
property
When is intoxication mitigating?
o If not habitual, or not pursuant to planning a
felony, and affected mental faculties
o It is aggravating if there is habitualness or
intentional intoxication
What is the rule on education?
o Low education may be mitigating but never
aggravating
o High education may be aggravating but never
mitigating
o When is the high education of a person
aggravating?
When his education puts him in better
position than the ordinary offenders. Ex.
estafa by a lawyer
When is education ignored?
o 1. If the crime is basically wrong like parricide,
murder, rape, or robbery, it is immaterial
whether the offender is schooled or not.
o 2. Education has already been considered by
the provision such as abortion conducted by a
physician.

PERSONS CRIMINALLY LIABLE

May a private corporation, partnership, or

association or other juridical entity be criminally
liable?
o The general rule is that corporations are not
criminally liable because there is no criminal
intent.
o Except: when the law provides that officers or
employees are liable.
o Can both the employer and employee be
liable as principals by direct participation?
Yes, when the employee performed
consciously participated in the acts (ex.
illegal recruitment). He must know of
the illegality and still further the act.
o Trust Receipts Law P.D. 115 when violated
by corporation, partnership, or association:
penalty is imposed on responsible officers
o Labor Code ex. illegal recruitment (39-D)
same penalty
Who are liable?
o 1. Grave and less grave offenses: principals,
accomplices, accessories
o 2. Light offenses: principals and accomplies

Art. 17: principals

57

When do these provisions apply?

o These provisions only apply when two or more

people are acting criminally. Otherwise, its
just the principal.
When may a person be criminally liable as
principal by direct participation?
o Participation in criminal execution
o Carrying out the plan and directly participating
in the execution
N.B. There must be conspiracy, under
this usual definition
o But can there be principals by direct
participation without conspiracy?
Yes: the usual example of two people
attacking a cocky guy in a bar with prior
planning. The victim died due to two
bullets, one from each gun. There is no
conspiracy here, but both are liable as
principals by direct participation.
How about the mastermind? For him to be a
principal, does he have to commit an overt act in
the execution of the planned conspiracy?
o Enough to be held as co-principal through
conspiracy, as long as there is involvement in
the planning and commission.
What should the overt act consist of for principals
by direct participation?
o 1. Active participation
o 2. Or giving moral assistance to the other
conspirators

58

Mere presence
Exercising moral ascendancy
What is the general rule as to non-appearance?
o Deemed a desistance which is favored. Mere
participation in a conspiracy is not a crime,
because there is no act yet to carry it out.
When there is no criminal participation, there is
no liability.
o But see the exceptions for masterminds and
PDIs.
Can someone not be in the scene of the crime and
still be a principal?
o Yes. For example, there is conspiracy and one
is on look-out duty for policemen.
o For as long as the conspirators perform
specific acts that were coordinated pursuant to
the conspiracy.
X, Y, and Z conspired to kill V. All three stabbed
V. Is it a complex crime?
o No. There is only one crime of homicide, as
there is only one victim. The number of crimes
committed does not depend on the number of
co-conspirators.
If rape was committed by 2 or more persons, what
happens?
o Commission of rape by two or more persons is
a qualifying circumstance that requires
imposition of RP/death.

o Ex. The husband raped the victim, while the

wife of the accused held back the arms of the
victim.
HELD: The husband was guilty of rape
by direct participation, and the wife was
principal by indispensable cooperation.
Is it possible that two persons are conspirators
but are liable for different crimes?
o Yes.
o Ex. The private individual is liable for delivery
of prisoners, while the escaped convict is liable
for evasion of sentence.
o Ex. X and Y killed Xs wife. Y is liable for
homicide. X is liable for parricide.
What is the rule for Robbery with homicide?
o General rule: the act of one is act of all, even if
only one co-conspirator killed the victim.
o Is it possible that one is liable only for
robbery but not robbery with homicide?
Yes, if one desisted before the homicide
was committed.
For instance, one
prevented the other from stabbing the
victim
o What about robbery with rape?
All the accused will be liable for the rape
committed by one of them, unless one
proves that he endeavored to prevent
the person from doing so.

59

o For these cases, one must perform an OVERT

act to prevent the commission of the other
crime. Mere silence or running away is not
enough disavowal.
How does one become a principal by direct
inducement?
o 1. Directly forcing another to commit a crime
Using irresistible force
Causing uncontrollable fear
o 2. Direct inducing another to commit a crime
Giving price, reward, or promise
Using words of command
What are the requisites to become a PDI?
o 1. Inducement made directly with intent of
procuring the commission of the crime
o 2. Inducement is the determining cause of the
commission of the crime by material execution
What is required for use of words, to become a
PDI?
o Must have actually moved the hands of the
principal by direct participation, the latter of
which has no other recourse but to obey the
command. This especially applies when the
PDI has moral ascendancy over the PDP.
Does the PDI need to be in the scene of the
crime?
o No. His inducement is enough.
What if the person inducing did not qualify in the
above description?

o He is generally liable as an accomplice.

What if the person merely made carless remarks
not meant to be obeyed?
o He is neither a PDI nor an accomplice. He is
not criminally liable.
When does one become a principal by
indispensable cooperation?
o Direct participation in the criminal design by
another act without which the crime could not
have been committed.
What is the main distinction between the PDP and
principal by indispensable cooperation?
o For the PIC, he must perform an act different
from the overt act of the PDP; otherwise, he
also becomes a PDP.
Must the PIC be present during the planning stage
of the conspiracy?
o No. He may become a principal at the moment
of execution of the crime with the other
principals.
It can arise from implied
conspiracy.
What is the rule in case of doubt?
o The liability of the PIC is merely as that of an
accomplice.
Is it possible that the PIC commits a crime
different from the PDP?
o Yes. An example is malversation through
falsification of public documents committed by
a public officer in conspiracy with a private

individual. The private individual may be liable

for malversation.
Can the PDPs acts be by dolo and the PIC, by
culpa?
o Yes. Ex. There was a bank employee with two
friends.
The friends made the employee
believe that a bank document was genuine,
which was approved by the employee without
needed diligence. The crime of the PIC is
estafa through falsification of commercial
document, by culpa.

Art. 18: accomplices

60

What are the acts of accomplices?

o Prior or simultaneous acts not indispensable
for the commission of the crime, and not overt
acts for commission thereof.
What are the requisites to be liable as an
accomplice?
o 1. Offender took part in the execution of the
crime by previous or simultaneous acts
o 2. He intended to take part in the commission
of the crime
At what point must the accomplice acquire
knowledge of the commission of the crime by the
PDP?
o After the PDP has reached a decision to
commit a crime. The accomplice does not
decide the commission of a crime. He just
agrees after the criminal resolution is
accomplished.

o If he was part of the decision to commit the

crime in conspiracy, he becomes a principal.
o Likewise, if he commits an act of execution, he
also becomes a PDP.
Contrast a conspirator from an accomplice:
o Both the conspirator and accomplice know of
the crime and agree with the criminal
resolution. The conspirators decide, and the
accomplices merely concur and cooperate.
o The crime is performed by the PDP, while the
accomplice is merely an instrument of the
conspirators not members of the conspiracy.
May one be charged and convicted as accomplice
or accessory even before principal charged or
convicted? Or should the PDP first be convicted
before accomplice and accessory be charged or
convicted? What are their corresponding
liabilities?
o As long as commission of the crime can be
proven
beyond
reasonable
doubt,
determination of criminal responsibility of
accessory may be determined independently of
and separately from liability of the PDP.
o If the case against PDP is dismissed, the case
against accomplice or accessory must also be
dismissed because the liability of the latter is
subordinate to that of the PDP.
o But the dismissal of the case against the latter
does not necessarily result in dismissal of the
case against the PDP.

Art. 19: accessories

Who is an accessory?
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o One must have knowledge of the commission

of the felony, and he participates after the
commission by any of the acts enumerated in
Art. 19. His participation must not be that of a
principal or accomplice.
What are the requisites to become an accessory?
o 1. Knowledge of the commission of the crime
o 2. Without participating therein
o 3. Perform any of the following acts (see
below).
What are the three acts of accessories in Article
19?
o 1. By profiting themselves or assisting the
offender to profit by the effects of the crime
o 2. By concealing or destroying the body of the
crime (corpus delicti), or the effects or
instruments thereof, in order to prevent its
discovery
o 3. By harboring, concealing, or assisting in the
escape of the principal, and
A. the accessory acts with abuse of
public functions OR
B. the accessory is a private individual,
and the author of the crime is guilty of:
i. treason,
ii. murder,
iii. parricide,
iv. or attempt to take life of the
Chief Executive,
v. or is known to be habitually
guilty of some other crime
When does the accessory participate?

o His participation comes after the commission of

the crime.
Does mere silence make one liable for the crime
as an accessory?
o No. It is not a crime to remain silent.
What is the corpus delicti or body of crime that
must be concealed or destroyed under par. 2?
o Body or substance of the crime, or the actual
commission by someone of the particular crime
charged. It is either:
1. Proof of occurrence of a certain event
2. Some persons criminal responsiiblity
X, a policeman, witnessed the killing of V by K. X
failed to arrest K and even told K not to tell the
other policemen. Is X an accessory?
o Yes, under art. 19(3). It was the duty of the
policeman to arrest the culprit and not to
conceal the commission of the crime by silence
or misleading statements. By his acts, he
abused his public position.
What is PD 1612 (Anti-Fencing Law)?
o One who acquires stolen property is criminally
liable as an accessory under Art. 19 or as a
principal for fencing under PD 1612.
Prosecution has the option.
When does one become a principal for fencing
requisites?
o 1. The crime of robbery or theft must be
committed, and accused did not participate in
the commission thereof.
o 2. The accused then acquires the proceeds of
the robbery or theft, and he has actual

knowledge thereof or he should have known

the subject is from such acts
o 3. Intent to acquire
What is the special rule P.D. 532 (piracy, highway
robbery and brigandage)?
o Any person who directly or indirectly abets the
commission
of
piracy
or
highway
robbery/brigandage is not just an accessory
he is an accomplice to the principal of the
crime.
o The person who profits from the loot is charged
with Abetting Brigandage and is charged as an
accomplice (not just an accessory)

Art. 20: accessories exempt from liability

62

Who are the accessories exempt from liability?

o Those who are accessories vis--vis spouses,
ascendants,
descendants,
legitimate/natural/adopted brothers and sisters,
or relatives by affinity of the same degree
o When does it not apply?
To paragraph 1 (profiting from the
crime)
o [N.B. this listing is limited (not up to 4th degree
of consanguinity) and is the same scope as the
alternative circumstance of relationship]
X killed Y. X told his sister S to hide the body of
Y. X and S buried Y. What is the liability of S?
o S is exempt under Art. 20. The basis of the
exemption is ties of blood between the PDP
and accessory.

o No.

What if a policeman furnishes the means for his

brother to escape with abuse of public position?
Is he exempt?
o He is. Blood-ties are more powerful than call
of duty. Moreover, the law does not distinguish
between private citizens and public officers.
What is PD 1829 or Obstruction of Justice?
o Those who assist the principal to escape may
be prosecuted under PD 1829 as a principal for
obstruction of justice. When convicted, the
penalty imposed is the higher penalty between
PD 1829 and any other law, including the RPC.
What are the acts amounting to Obstruction of
Justice?
o [preventing]
o 1. Preventing witnesses from testifying
o 2. Harboring or concealing the offender
o 3.
Obstruction
of
service
of
court
processes/orders or disturbing proceedings in
fiscal or Court
o 4. Solicitation or acceptance of benefit to desist
in prosecution
o 5. Using threats to prevent a person from
appearing in proceedings
o [misleading]
o 1. Altering or suppressing evidence
o 2.using fictitious name to conceal crime or
evade prosecution
o 3. Making or presenting false evidence
o 4. Giving false or misleading information to law
enforcement agents
Does PD 1829 provide the same exceptions as
Art. 20?

PENALTIES

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Offended party and accused agreed to fight; one

lost. He filed for a complaint for physical injuries.
Does the pari delicto doctrine apply?
o No. It does not apply to criminal cases. In
fact, two people can agree to duel, and if one
dies, the offender may be charged under the
RPC.
Does estoppel apply to criminal cases?
o No. The offended party is the State. Private
individual who sustained the damage is merely
the witness to the crime.
Can there be imprisonment at the discretion of the
court?
o No. It must be according to limits imposed by
law.
Did the SC circular giving preference to fines over
imprisonment for BP 22 and libel violations
amend the law?
o No. There was no abolishment of the penalty
of imprisonment.
May the favorable provisions of RA 7659
(Abolishing the DP) retroact to entitle the offender
to RP?
o Yes. Penal laws retroact in so far as they favor
a person guilty of a felony, as long as he is not
a habitual delinquent
o Even when there is already a final judgment
o Does this apply even to SPLs?

Yes.
What is the retroactive application of RA 9344?
o Any pending cases involving children below 15
are automatically dismissed and referred to
appropriate diversion programs
o Those
already
serving
sentence
are
reassessed/reclassified
under
the
new
benevolent features of the law
o If the minor is no longer entitled to suspension
of sentence (Ex. reached 18 years old) and the
court resolves to impose the sentence, he can
still apply for probation
What if a penal law is repealed?
o Then the court has no more jurisdiction to hear
the case
o The offense never existed and the person who
committed it never did so.
o Exceptions?
1. Saving clause
2. The repealing act reenacts the former
statute
What is the effect of RA 8353 on Articles 23 and
344 which provide for pardon by the offended
party?
o Rape and sexual assault are now crimes
against persons.
o Thus, criminal action can only be commenced
by information filed by public prosecutor, and
not the private offended party.

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o If a crime is public, private individual cannot

pardon the crime or compromise it, unless
provided by law. In a criminal action, it is the
State that is the offended party; the private
individual is just a witness.
o Exception: RA 8353 marriage of offender
and rape victim
Shall extinguish criminal action
If already convicted, penalty imposed
will be extinguished
Note, however, that a husband can be
convicted for rape or sexual assault
against his wife.
Criminal liability may only be extinguished by law or
the grounds in Art. 89.
o A public officer is charged with RA 3019.
He returns the money. Will his liability be
extinguished?
No. It will not exonerate him from
criminal liability, but will extinguish his
civil liability. P v. Sandiganbayan
What are not considered as penalties?
o 1. Arrest and temporary detention of accused,
or detention due to insanity or imbecility
o 2. Commitment of a minor in institutions
Art. 80 was already repealed by PD
1603 and amended by RA 9344.
o 3. Preventive suspension from employment or
public office

o 4. Fines and other corrective measures

imposed by superior officials on subordinates
Refers to administrative sanctions in
administrative cases against public
officers and employees (imposed by
superiors)
Correlate the above enumeration with RA 6975, par.
4:
o If police officer or employee is charged for a
crime in a valid information, he may be
suspended during pendency of the case. This
is not a penalty, but just a means to facilitate
justice.
Correlate with RA 3019:
o When a public officer or employee is charged,
he may be suspended 90 days. This is not
deemed a penalty.
What is the effect of RA 9346 abolishing the death
penalty (and as clarified by P v. Bon)?
o 1. It retroactively benefited all those convicted
and being tried for the death penalty, which
has been abolished. It benefits even habitual
delinquents.
o 2. It does not affect RA 7659s provisions on
how the crime is committed; it just reduces the
penalty imposed by RA 7659 from death to RP.
o 3. It equalized the penalties of certain offenses
which used to be graduated. Examples:

65

Piracy (RP) and qualified piracy (RP to

death) are now both RP.
Kidnapping (RP to death) and
Kidnapping with Homicide or Rape
(mandatory death) are now both RP.
Destructive arson (RP to death) and
Arson with homicide (mandatory death)
are now both RP.
o 4. In graduation of offenses one or two degrees
lower, take out death from the scale as well.
o 5. It did not declassify the crimes as heinous.
Only the penalty imposed is affected.
When is the duration of penalties computed from?
o 1. If the offender is in prison, from finality of
judgment of conviction
o 2. If not in prison, from placement at disposal
of judicial authorities to enforce penalty
o 3. Other penalties not involving imprisonment
from day when he commences to serve the
sentence
When are detainees credited with the whole
duration of preventive imprisonment?
o 1. Full time, if the detention prisoner agrees to
abide by the same disciplinary rules as
convicted prisoners
o 2. 4/5 time, if he does not agree to abide by the
same rules
o When is there no credit?
1. Recidivists

2. Those convicted at least 2 times of

any crime
3. Upon summoned for execution of
sentence, they failed to surrender
voluntarily
o What if the period of preventive
imprisonment has exceeded the maximum
penalty allowed?
Immediately release, but continue with
trial or appeal
If its destierro, the maximum period is
30 days preventive imprisonment
o What is the remedy when the person has
reached the maximum penalty imposable?
Habeas corpus
o What if the convict is sentenced to RP or
life imprisonment?
He is still entitled to the benefits of this
provision.
What is the effect of penalty of perpetual or
temporary absolute DQ?
o 1. Deprivation of public office even if elected
o 2. Deprivation of right to vote or right to be
elected
o 3. DQ for offices or public employments and for
exercise of any rights mentioned
o 4. Loss of all rights of retirement pay or
pension for former office

66

o What is the difference between perpetual

and temporary?
In temporary, #2 and #3 only lasts until
term of sentence
What is the effect of perpetual or temporary
special DQ?
o 1. Deprivation of office, employment,
profession, or calling affected
o 2. DQ for holding similar offices or
employments
How long does #2 it last?
If perpetual, forever
If temporary, during term of
sentence
o What about perpetual or temporary special
DQ for the exercise of the right to suffrage?
Deprivation of right to vote or be elected
for public office (perpetual or temporary)
What is the effect of penalty of suspension from
public office, profession, calling, or right to
suffrage?
o These apply during term of sentence
o And if suspended from public office, cannot
hold an office with similar functions during
suspension
Is RP the same as life imprisonment?
o No. RP has a fixed duration and accessory
penalties, and is imposed by the RPC.

o Life imprisonment has no fixed duration, no

accessory penalties, and is imposed by SPLs.
What is the dual nature of temporary
disqualification and suspension?
o As principal penalty
Temporary DQ: 6 years and 1 day to 12
years
Suspension: 6 months and 1 day to 6
years
o As accessory penalty:
Follow principal penalty
Can a lesser offense absorb a graver offense?
o Yes. Examples are rebellion (RT) absorbing
murder (RP) when committed in furtherance of
the former. Forcible abduction (RT) absorbs
illegal detention of a woman (RP).
What is the nature of Reclusion Perpetua?
o RP is an indivisible penalty.
o There is no minimum, medium, or maximum
period.
o It is not affected by mitigating or aggravating
circumstances.
o So why does RA 7659 fix the duration at 20
years and 1 day to 40 years?
In order to avoid a lacuna because RT
caps out at 20 years. The provisions
discussing RP provide that at 30 years,
the offender is entitled to parole, while
service of penalty is at maximum 40

67

years. Thus, the period for RP has

become 20 years and 1 day to 40 years.
(It would be absurd to set it at 30 years
to 40 years, since there will be a gap.)
o What
is
the
minimum
period
of
imprisonment for RP?
30 years, after which the offender will be
eligible for pardon by the Chief
Executive. (Although there is nothing
preventing the Chief Executive from
pardoning the offender beforehand.)
o What is the number used in pegging the
three fold rule for RP?
30 years as well. Since that article
provides that when the culprit has to
serve at least 2 penalties, the maximum
duration of the sentence should not be
more than 3-fold the length of time
corresponding to the most severe
penalty.
What are the indivisible penalties?
o 1. RP
o 2. Perpetual absolute or special DQ
o 3. Public censure
What are the effects of indivisible penalties?
o Impose the penalty in its entirety
Even if there is a special aggravating or
two mitigating, it will not be affected.

o BUT if there is privileged mitigating

circumstance, it may be reduced by 1 or 2
degrees.
Exceptional situations:
o P.D. 818 Syndicated Estafa:
Maximum of crime is 30 years, which in
connection with the accessory penalties
shall be 30 years of RP
o People v. Canales imposed 40 years of RP,
with accessory penalties pertaining to death,
and cannot be pardoned until after 40 years
have passed.
How did the court reach this
decision?
Because under Art. 309 of the
RPC, theft is punishable by
maximum of RT. But for Art. 310,
qualified theft, penalty is two
degrees higher. This is death.
But the rule under Art. 74 is that if
the next higher penalty is death, it
becomes RP, with accessory
penalties of death. This is also
the reason why he cannot be
pardoned before 40 years have
lapsed, instead of 30.
N.B. Note, however, that Boado
believes that there is no more such

68

distinction now that the DP has been

abolished.
When a penalty of fine is imposed, what is the
order of payment of pecuniary liabilities?
o Read in conjunction with Art. 38 (order of
payment of pecuniary liabilities):
1. Reparation,
2. Indemnification,
3. Fine,
4. Cost of proceedings
o To whom is the fine given?
Not given to the complainant; it is given
to the State.
o Can accused use its cash bail bond to pay
his fine, if convicted?
Yes. The law does not prohibit him from
using his cash bail bond to pay his fine.
It is only meant to ensure his attendance
during the process.
Conflict of provisions leading to confusing rulings, if
the fine is exactly 200 pesos:
o In Article 9, P200 is a light penalty. In Article
26, P200 it is a correctional penalty.
o To harmonize:
When the issue is prescription of crime,
apply Art. 9.
When the issue is prescription of
penalty, apply Art. 26.

o Deprivation of the following rights

1. Parental authority
2. Guardian as to person/property of
ward
3. Martial authority
4. Management of property
5. Disposition of property by acts inter
vivos
So he can still make a last will
and testament
o Cannot appoint an agent to fulfill these tasks

What is preventive imprisonment for children in

conflict with the law under RA 9344, sec. 53?
o Any form of physical restraint imposed on a
child in conflict with the law including his
community service or commitment to a
rehabilitation center shall be considered as
preventive imprisonment.
o If the minor juvenile is imprisoned pending trial
he shall be credited with the service of the
sentence with the full time in which the child
was preventively imprisoned
Provided the child agrees with the rules
and regulations of the penal institution
If not, still entitled to 4/5ths of the time
Under Art. 104 of the RPC, the offender is civilly liable
to the offended party for restitution, damage,
reparation, and indemnification for consequential
damages. The liability of the accused (under Art.
104) covers civil liabilities or pecuniary liabilities. How
about the penalty of fine under Art. 38 of the RPC
in relation to Art. 39?
o It is also a pecuniary liability of the accused,
but it is a pecuniary penalty (and not a
pecuniary liability), because it is a penalty
under Art. 25 of the RPC.
o So it is still covered by the order of payment.
What is civil interdiction and what rights does it
cover?
o Accessory penalty that attaches to RP and RT.

Art. 39: subsidiary imprisonment

69

When is subsidiary imprisonment imposed?

o Subsidiary imprisonment can only be imposed
if the accused is penalized with a fine (either
alone or in conjunction with imprisonment), and
because of insolvency, he cannot pay the fine.
How long is the subsidiary imprisonment?
o If penalty is PC/arresto + fine confined until
the fine is satisfied under the conversion
Whichever is the least among:
1. 1/3 of his sentence term
2. 1 year
3. Quotient of fine divided by 8
pesos
o If penalty is just a fine

Subsidiary imprisonment must not

exceed 6 months for grave or less grave
felonies
Must not exceed 15 days for light
felonies
o If penalty is higher than PC, no subsidiary
imprisonment
Can the convict be ordered to serve subsidiary
imprisonment for failure to pay pecuniary
liabilities?
o No. The convict cannot be ordered to serve
subsidiary imprisonment for failure to pay
pecuniary LIABILITY; but he can serve for
pecuniary PENALTY.
If he is not insolvent, but he does not want to pay
the fine, can he choose to go to jail instead?
o No. The accused has no choice but to pay the
fine.
Will subsidiary imprisonment apply for SPLs?
o Yes. If the accused was convicted of a crime
defined by SPL, Art. 39 will still apply, taking
into account Art. 10 of the RPC.
Ex: Violation of BP 22
Supposing he was convicted for possession of
unlicensed firearm and sentenced to prison term
but he was insolvent. Subsidiary imprisonment?
o Yes. Again, Article 39 is consistent with Art.
10.

70

Must there be an express statement in the

dispositive
portion
imposing
subsidiary
imprisonment?
o Yes. Subsidiary imprisonment is a penalty.
There must be a statement in the dispositive
portion that if he is insolvent, he must serve
subsidiary imprisonment. Absent this specific
order in the dispositive portion, he cannot be
compelled to serve this. (Ramos v. Judge)
What is the financial standing of the culprit
improves?
o He has to pay. Subsidiary personal liability
does not relieve him from the obligation to pay
the fine in case his financial standing improves.
When can there be no subsidiary imprisonment?
o If the penalty is higher than prision
correccional, there can be no subsidiary
imprisonment.
Toledo v. Superintendent, citing Bagtas v. Director of
Prisons, supposing the accused is charged with 2 or
more offenses and there was 1 decision that
convicted him of all the charges. How do we
determine the 6-year limit?
o Where this situation exists, the 6 year period
limit shall be based on the total duration of the
penalties imposed by the court based, after the
joint trial, on the 3-fold rule under Art. 70 of the
RPC. If the totality of the penalties exceed 6
years, no subsidiary imprisonment shall not be

imposed, even if the penalty for each of the

crimes is less than 6 years.
What are the accessory penalties?
o RP and RT:
Civil interdiction for life or during period
of sentence as the case may be
Perpetual absolute DQ
o PM:
Temporary absolute DQ
Perpetual absolute DQ from right to
suffrage
o PC:
Suspension from public office
Suspension from right to follow
profession or calling
Perpetual special DQ from right to
suffrage
If imprisonment exceeds 18
months
o AM, Am:
Suspension from office
Suspension of right to suffrage during
term of sentence

Art. 45: forfeiture of the proceeds of the crime

Who has the power to order forfeiture of the

proceeds of the crime and the instruments or
tools used in the crime?

71

o Only the trial court which rendered conviction

of the accused may order this.
o But before the court may do so, the tools or
instruments must be presented to the court as
evidence.
Otherwise, the court has no
jurisdiction to order the forfeiture or destruction
of such.
o In case of bribery, the money used may be
forfeited in favor of the state.
What if the tool or instrument belongs to some
other person?
o The tool or instrument MUST belong to the
accused himself. If it belongs to some other
person and he has no involvement in the
crime, there can be no such declaration.
Does this provision apply to SPLs?
o Yes.
When may the court order destruction of the
items?
o If the items are contraband.
What is the rule under the Dangerous Drugs Act?
o Those subject of the crime, including proceeds
derived from drug trafficking, and even money
and assets acquired in violation of RA 9165
deemed and ordered forfeited in favor of the
government, unless belonging to third persons
without involvement of the crime.
o Exception to third person rule: if the items are
beyond lawful commerce still forfeited

o Under Sec. 20 of the same law, the proceeds

of the sale or disposition of the property
forfeited must be used to pay the expenses
incurred in the proceedings including cost of
the proceedings

Art. 48: complex crimes

When is there a complex crime?

o Material Plurality when a single act
constitutes two or more grave or less grave
offenses (delito compuesto composite
crime), or when an offense is a necessary
means to commit the other (delito complejo
complex crime proper)
What is the effect on the penalty?
o There is only one penalty, although there are
multiple crimes
o The more serious crimes penalty is imposed in
maximum period

Delito compuesto (first mode)

When is there delito compuesto?

o Either dolo or culpa
Ex.: person was convicted for reckless
imprudence resulting into homicide and
destruction of property
o The felonies resulting from the single act must
be felonies in the RPC
o If punishable under the RPC and an SPL, Art.
48 will not apply.
The offender may be

72

charged and convicted for both crimes,

separately without double jeopardy.
Ex. Estafa and illegal recruitment
Ex. Estafa and BP 22
Can Art. 48 apply if the constituent acts are less
grave felony and light felony?
o No, light offenses are not included (see
excerpt).
If under Art. 48, the maximum of the graver
penalty is imposed, is it a special aggravating
circumstance?
o No.
What if the accused is entitled to a generic
mitigating circumstance, will it offset?
o No, unless it is a privileged mitigating
circumstance.
Supposing one wants to kill another with
treachery, but there was abberatio ictus?
o Then the crime committed by the accused is a
COMPLEX CRIME.
o Attempted murder + murder
The accused stabbed the victim with a bolo, and
the bolo hit both the person and the person
behind him. The target died. What is the crime?
o Complex crime of murder and SPI.
o (Note that as to the second person, it was just
SPI because there was no intent to kill him.)

The accused forcibly insert his penis into the

vagina of the woman and she sustained Less SPI
in her vagina. What is the crime?
o Complex crime of rape with LSPI
The accused stabbed his wife to death, and she
was 6 months pregnant at the time. What is the
crime?
o Complex crime of parricide with unintentional
abortion.
What is required for delito compuesto?
o The law is clear: a single act. But the SC
sometimes applied the single impulse test or
the single criminal intent test.
o Gamboa v. P, cited in P. v. Judge Pineda:
there must be singularity of the criminal act, not
singularity of the criminal impulse. Because
singularity of criminal purpose is NOT written in
Art. 48.
The SC applied single impulse test for the first time:
o X stole on the same occasion 13 cows. SC
held: one crime of theft even if there were 13
cows, applying single impulse test.
o Y took two roosters on one occasion. SC held:
one crime of theft because it was in response
to one criminal impulse.
In crimes against chastity, the SC adopted another
test: single criminal intent:
o X raped his niece at 10 am, and then again at
11 am at same grassy area. One crime of rape,

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even though committed in intervals of one

hour, because he was motivated by a single
criminal intent.
Y inserted private organ and raped the victim,
but he was not content; he also inserted his
finger at the same place and at the same
occasion. The accused is guilty of one count
of rape and 2 counts of sexual assault: same
place, same occasion.
Z inserted his penis into the vagina of the
victim and made several push and pull
movements but without removing his organ,
until he reached orgasm. Only one crime of
rape, because he reached orgasm only once
then he removed it.
W raped his niece once a day and inserted his
finger once a day, for 16 successive days in
different locations. Guilty of as many crimes of
rape and sexual assault equal to how many
times he inserted his organ and finger.
Reasoning: there could not be a single
criminal intent because each time he
committed the crime, was on different
days the accused was animated by
separate criminal intents on each
occasion.
V raped the victim for first time is the pig pen,
about 8 meters from the house. Then brought
her to the room and raped her again. Then

brought victim room of cousin, and raped

again. Brought her to kitchen, where he raped
her again.
There were separate criminal
intents because he raped the victim in different
places although the rapes were done
successively.
o What is the test then?
The place test
NOTE, however: P v. Escoton:
Convicted person for 5 counts of rape
even if it was in the same place, and at
the same night. Be forewarned that this
might be the new rule now (2010
decision).
What test will be applied for kidnapping? Single
impulse or single intent?
o Even if the persons were kidnapped on the
same occasion and place, there were as many
crimes of kidnapping as there were persons.
o Kidnapping with homicide, K with murder, K
with rape are all special complex crimes, and
not complex crimes under Art. 48 of the RPC.
Even if the homicide or rape is a mere
afterthought, this would be the crime.
o If the victim of kidnapping got raped, how
many crimes of special complex crime of
kidnapping and rape?

74

There are as many times of crimes of

kidnapping and rape as the number of
persons kidnapped and raped.
o What is the test then?
Number of persons
Will you apply the single criminal intent or
resolution test in mala prohibita?
o No. Lim v. P: X issued 3 bouncing checks on
the same occasion.
There are as many
violations of BP 22 as there were many
checks. The criminal intent or resolution test
does not apply because it is mala prohibita.
What about falsification of documents? Must one
apply the single criminal intent or resolution test?
o X convicted of only one complex crime of
estafa through falsification of three postal
money orders which she cashed in on the
same day. Since it was the same occasion, the
acts were considered as only one act of estafa
through falsification of commercial document.
o Y falsified three money orders separately.
Here, each act constitutes a separate crime,
because Y was animated by separate
impulses, in falsifying each voucher.
o Z, an employee of the SC, falsified the roll of
attorneys. Included 3 names. HELD: As
many crimes of falsification as there are many
persons.

o X antedates a public document, forges the

signatures therein, and changes its content.
Is he guilty for three counts of falsification
of the document?
No.
There was only one crime of
falsification
of
public
document,
although there were multiple modes of
falsification committed.
o Gamboa v. CA: There was no single impulse,
intent, or resolution test mentioned in Art. 48.
It mentions a single act.
o Compare to Ilagan v. CA: X is a real estate
agent who fraudulently collected from lot
buyers, but instead of turning over the
proceeds to the corporation, he kept them.
How many crimes of estafa did he commit?
As far as the lot buyers were concerned,
there were as many crimes of estafa as
the number of times the petitioner
fraudulently collected from the victims.
As far as the corporation is concerned, it
depends on obligation to account. If he
is obliged to account everyday and he
fails to do so, there are as many crimes
of estafa as the number of days he
failed to account. If he is obliged to
account every month, he is guilty for
every month he fails to account.
What is the rule for libel?

75

o Even if two or more persons were subject to

libel, if there was only one publication, there is
only one crime of libel.
What is the rule for adultery? Is is a delito
continuado (continuing crime)?
o Adultery is not a delito continuado. Each
sexual act is an offense.
Adultery is
consummated and exhausted at the time of
carnal union.
Crimes against persons:
o X and Y, constabulary officers, killed
around 50 people with guns. What is the
crime?
Convicted of complex crime of multiple
murder under Art. 48(1), applying single
impulse test.
N.B. the court just resorted to this
because they couldnt tell who killed
who.
o There were several killings inside Bilibid
prison. What was the crime?
Decision by J. Aquino: Multiple counts
of murder and multiple counts of
attempted and frustrated murder.
Again, the SC applied single criminal
impulse test.
Dissent by J. Makasiar: Read Art. 48
single act. It doesnt say single criminal
impulse.

On an MR: J. Aquino reneged,

considering J. Makasiar.
If it is
prisoners, apply Art. 48.
If NOT
prisoners, then separate crimes. This is
really strange.
o But what MUST be the rule, according to P
v. Pineda?
DO NOT APPLY SINGLE IMPULSE
TEST. Just read Art. 48: it requires a
single act.
o Several accused had automatic, high
powered guns and killed several people.
When they pulled the trigger, several
bullets shot out. What was the crime?
Complex crime of multiple murder and
multiple attempted murder. Although
several independent acts were done, it
was not possible to determine who
among them killed how many victims.
The accused showed a single criminal
impulse based on the statement my
gosh, di natin napatay lahat. The SC
also used conspiracy as basis.
o But see P v. Dalmacio: Armalite guns fired
successively, and explosives, killed several
and seriously wounded others. The accused
were guilty for as many crimes as how many
people were injured.
Malversation:

o There may be a complex crime of malversation

through falsification of official documents a
crime being done to commit another crime.
Can you apply Art. 48 to plunder?
o No. Plunder is unique. One cannot apply Art.
48. Although there maybe some predicate
crimes, only ONE CRIME is committed.
Article 48 does not apply to special complex crimes:
o Ex. robbery with homicide, robbery with rape,
robbery with intentional mutilation
o Ex. kidnapping with murder, kidnapping with
rape, kidnapping with homicide

Delito complejo (second mode)

76

When is there delito complejo?

o One felony is the necessary means to facilitate
or ensure the commission of another felony. If
one felony is indispensable to the commission
of another, then Art. 48 DOES NOT apply;
there is only one crime.
o Bottom line: Must be necessary but NOT
indispensable.
Is it possible that one is delictual and the other is
culpable felony?
o Yes.
o Ex. Cashed check on behalf of an impostor.
The employee of the bank did not bother to
check, since they are friends.

o Due to the employees failure to ascertain

identity of payee, there was Estafa through
falsification by culpa. The latter was the
means to commit the former.
o Why can a public document be falsified
through culpa?
Because for official or mercantile
documents, there is no need to prove
that there is intent to cause damage.
The intent to cause damage is only
required
for
private
document.
Therefore, there is no falsification
through culpa for private documents.
What about forcible abduction with rape: related
with Art. 342 and rape/sexual assault (Art. 366-A)?
o Take into account absorption of felonies. If the
intention was to rape, and the victim was
brought to a place in light of rape, then there is
rape only abduction is absorbed by rape.
o But there may be a complex crime of forcible
abduction with rape. What are these cases
where it not absorbed and when it is
absorbed?
Ex. Victim abducted and brought to
grassy area near her house, where she
was raped. Abduction was absorbed
since it was near her house.

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Ex. Brought to place 600m from her

house,
where
she
was
raped.
Abduction was STILL absorbed by rape.
Ex.: Abducted to place 100m from her
house forcible abduction with rape.
What is determinative?
SPECIFIC
INTENTION OF OFFENDER AND NOT
THE DISTANCE
o What if there was abduction, and then there
were three rapes done after?
The moment the first rape was
committed, then forcible abduction with
rape was consummated. So the second
and third rapes were SEPARATE
crimes. There is one complex crime,
two separate simple crimes. (This is en
banc decision.)
But there are some commentators that
say that the subsequent rapes must be
absorbed since abduction is a
continuing crime.
If the accused abducted two women at the same
time, and then raped both?
o Guilty of TWO counts of forcible abduction with
rape.
Can robbery with force upon things be taken
together with robbery with violence against
persons as a complex crime?

o Yes. The former can be a means to commit

the latter.
When does delito complejo not apply?
o 1. Indispensable to the second crime
o 2. Essential element or mode of committing
another felony
o 3. Merged with another crime
o 4. Felony is committed to conceal another
crime
A company officer falsified two private documents
to make it appear that there were two extra
employees, even if she really just kept the wages
for herself. Can one apply Art. 48(2) for estafa
through falsification of private document?
o No. There can be no complex crime of estafa
through falsification of a private document,
because the latter must have 1. Intent to cause
damage, and 2. Damage caused. For estafa,
the same elements must apply. The moment
the falsification was established by intent to
cause damage, the same element CAN NO
LONGER BE USED to establish estafa.
o The crime instead is falsification of private
document. If the estafa can be committed
without the falsification, the proper charge is
estafa. Art. 48 does not apply.
o If it is falsification of public or mercantile
document, can there be complex crime of

78

estafa through falsification of public

document?
Yes.
Is coup detat a political crime?
o Yes.
o Political crimes are those directly aimed
against the political order. Any common crime
committed in furtherance of a political crime is
absorbed.
o The common crimes are absorbed because
they are necessary to achieve the political
purpose.
o What about illegal possession of firearms?
Yes, it is absorbed. See RA 8294.
Art. 48 is for the benefit of the offender, under the
pro reo principle. How so?
o Because even if there are two crimes
committed, the law only punishes the offender
for one, although it is in the maximum period.
In the eyes of the law, the two crimes stem
from a single criminal intent this is less
perverse in the eyes of the law compared to
punishing him for two crimes.
o Does this apply to the second part of Article
48?
Yes, because the first act was only a
means done to commit the second
crime.
There is still one criminal
resolution.

o How did the SC reason this out in P v.

Hernandez?
Absorption in political crimes.
Read the dissent of J. Montemayor. He
said that pro reo should not apply to the
second
paragraph
because
he
committed two crimes, unlike in the first
paragraph.
The majority rejected this by pointing out
that both means were included in the
same provision. If the treatment for the
second paragraph must be different,
then it should have been placed in a
different provision.
How do you define grave and less grave offense?
o Grave: afflictive or capital
o Less grave: corrective
Does 48 apply if one crime is under RPC and one
is SPL?
o No. It mentioned felonies.
o So punish them separately. Ex. violated estafa
and BP 22.
If one is under RPC and ordinance?
o No. Punished under both the RPC and the
ordinance violated.
Can there be a complex crime of arson and
homicide?
o No. Its either only simple arson or simple
homicide. NEVER complex. Look at intent.

What is the penalty for a complex crime?

o Penalty for the more serious crime, applied in
its maximum period.

Art. 49: penalty for error in personae

To which situation does Article 49 apply to?

o Only error in personae.
o N.B. aberratio ictus and praeter intentionem
both attract the application of Article 48
instead.
What is the penalty for praeter intentionem?
o 1. If the penalty for the felony actually
committed is higher than that which he
originally intended, the penalty of the latter in
its maximum period.
o 2. If the penalty for the felony actually
committed is lower than that which he originally
intended, the penalty of the former in its
maximum period.
o 3. If the act actually committed is an attempt or
frustration of another crime which has a higher
penalty if consummated, the penalty of the
attempt or frustration in its maximum period.

Application of penalties

What are the rules in reduction of the penalties

provided under law?
o Consult the following table:
Consummated Frustrated

79

Attempted

Principal

As provided

-1

-2

Accomplice

-1

-2

-3

Accessory

-2

-3

-4

What are the rules on reduction of penalties?

o 1. Single and indivisible penalty next lower
penalty
Ex. RP RT
o 2. Penalty is two indivisible penalties or one or
more divisible penalties imposed to their full
extent penalty next lower in degree as to the
lower divisible penalty
Ex. PM to RT PC
o 3. Penalty is one/two indivisible penalty and
maximum period of another divisible penalty
medium and minimum periods of the proper
divisible penalty and the maximum period of
the next lower
Ex. RT in maximum to Death PM in
maximum to RT in medium
o 4. Several periods corresponding to different
divisible penalties period following the
minimum prescribed and the two next following
Ex. PM in medium to RT in minimum
PC in medium to PM in minimum
What are the rules on MCs and ACs?
o 1. If the AC is taking advantage of public
position:

80

Impose penalty in its maximum

regardless of MCs
o 2. If the crime was committed by a person
belonging to an organized or syndicated crime
group (group of 2 or more persons
collaborating, confederating, or mutually
helping each other for purposes of gain in
commission of crime there must be an
organized group, and not just a conspiracy):
Impose penalty in its maximum as well
regardless of MCs
o 3. ACs and MCs which arise from moral
attributes of offender, private relations with
offended party, or other personal causes:
Will only aggravate or mitigate liability of
those to whom the circumstances apply
to
o 4. ACs and MCs which consist in the material
execution/means to accomplish the act
Will only aggravate or mitigate liability of
those had knowledge of them at the
time of execution or cooperation
Why are abuse of public position and crime by
syndicate/organized crime group special ACs?
o It cannot be offset by generic mitigating
circumstances
What is the rule for habitual delinquents?
o 3rd conviction:

o 3. AC only:
Maximum period
o 4. Some of both:
Offset, then apply the above 3 rules
o 5. Two or more MC with no AC:
Lower the penalty one degree, but
always in the proper period
What if there are 2 or more MCs, but
there is at least one AC?
No lowering by degree.
What if there are 2 or more ACs?
No increasing by degree. There
can only be reduction by degree,
not increase by degree.
Ex. if there are four mitigating
circumstances, once you use two to
lower the penalty by one degree, the
other two are not taken into account.
What if the accused is sentenced to
reclusion perpetua, has two generic
MC, and no AC. Can it be lowered by
one degree?
No. No matter how many MCs
there are, RP cannot be reduced
by degrees (except privileged
MCs)
o To which crime do these rules not apply to,
and what applies instead?

Penalty for last crime + PC in medium

and maximum periods
th
o 4 conviction:
Penalty for last crime + PM in minimum
and medium
th
o 5 conviction or oftener:
Penalty for last crime + PM in maximum
to RT in minimum
o What is the maximum period imposable for
habitual delinquents?
Cannot exceed 30 years, in any case
What is the penalty for impossible crimes?
o Arresto mayor or fine of 200-500
o There is some commentary that the penalty for
impossible crime does not apply for light
penalties (or else, the penalty for the
impossible crime would be greater than the
crime itself)
What is the rule for single indivisible penalties
(now, only RP)?
o Apply it in full, regardless of MCs or ACs.
o What is the exception?
Privileged MCs.
What are the rules applicable for MCs and ACs
when the penalty is divisible?
o 1. No AC, no MC:
Medium period
o 2. MC only:
Minimum period
81

To quasi-offenses under Art. 365.

Instead, the court will apply its sound
discretion for modifying circumstances
instead of these rules.
What to make of Art. 67 which applies to
incomplete exempting circumstance of accident?
o Article 67 is inoperative.
Apply Art. 365
instead, because incomplete accident is a
quasi-offense.
When do the regular provisions on calculation of
penalty not apply?
o For the privileged mitigating circumstance in
Art. 68 of minority (if 15-18 and acted with
discernment).
o But what if the minor commits a SPL, which
does not follow nomenclature of RPC?
The minor is not entitled to privileged
MC.
Ex. Life imprisonment in Illegal
Recruitment
What is the rule for incomplete justifying or
exempting circumstances?
o See discussion above when to reduce it by one
or two degrees. Take note that this is a
privileged MC and cannot be offset by ACs.

Penalty of fine

What two factors are considered by the court in

imposing fines within a range?
82

o 1. Presence of MCs or ACs.

o 2. Wealth or means of the culprit.
What are the scenarios?
o Either the law imposes a penalty of fine
o OR penalty of fine AND imprisonment
o OR penalty of fine or imprisonment
For example, what If the law provides for a penalty
of fine of not less than 50K to 100K, what can the
court impose?
o The court has discretion to impose a fine within
these bounds
Will you apply the ISL by analogy?
o No. It does not apply here.
If the law specifies penalty of fine OR penalty of
imprisonment (Ex. BP 22), can the court impose a
similar alternative penalty?
o No. The court must make a definite choice.
What are the rules in the increase or decrease in
the degree of the fine?
o Increase or reduce (as the case may be), the
maximum by 1/4th of the maximum amount.
But never change the minimum.
o Ex. 50K to 100K, and there is an AC, then it
can be 50K to 125K (1/4 of 100K), or 50K to
75K.
Can the judge impose a fine as a substitute
penalty to imprisonment?

o No. Fine cannot be used as substitute penalty

to imprisonment.
Penalty of fine is
independent from penalty of imprisonment.
Accused drew and issued a check to pay for an
obligation, but it bounced. He was charged for BP
22. During trial, accused paid the value of the
check. So there was no more damage to the
complainant, but the case was already pending.
May the accused be convicted for a fine still?
o Yes. Penalty of fine does not go to the
offended party but the State.
What if the penalty is death?
o Reduced to RP with no parole.
What is the rule on successive service of
sentences?
o 1. If they can be served simultaneously, then
do so.
o 2. Otherwise:
Follow respective order of severity,
serve them successively
What is the order of severity?
D, RP, RT, PM, PC, AM, Am,
destierro, perpetual absolute DQ,
temporary
absolute
DQ,
suspension, public censure
o What is the 3-fold rule?
Maximum duration of the sentence
cannot be more than 3-times the length
of time of the most severe penalty.

83

For RP, treat its duration as 30 years, in

calculating the three-fold rule.
o What is the maximum period for
sentences?
Always 40 years.
Do not include subsidiary imprisonment
penalty in the computation of 40 years.
What are the penalties that can be served
simultaneously with penalty of imprisonment?
o 1. Perpetual absolute DQ
o 2. Perpetual special DQ
o 3. Temporary absolute DQ
o 4. Temporary special DQ
o 5. Suspension
o 6. Public censure
o 7. Fine
o 8. Bond to keep the peace
o 9. Civil interdiction
Can destierro be imposed as the same time as
imprisonment?
o No.
Imprisonment must be served by the convict
successively, following the order of their severity, as
provided for by Art. 71
o 2nd sentence does not commence until after the
first expires.
What is the rule on execution of penalties?
o No penalty executed except by virtue of final
judgment

When can public censure not be imposed?

o If the person is acquitted, cannot anymore be
subjected to public censure.
Judge sentenced accused to 25 years RP; can he
be compelled to serve sentence?
o No. There is no such sentence as 25 years of
RP; just RP (indivisible).
o Remedy: writ of habeas corpus.
What if the convict becomes insane or an
imbecile?
o Suspend service of sentence and sent to
hospital for necessary treatment
o But the civil liability should still be enforced in
spite of insanity or imbecility of the person.
What is the nature of destierro?
o Not permitted to enter the places mentioned in
the sentence and within radius specified
which shall be from 25-250 KM from the place
specified.

Civil liabilities

A minor is exempt from criminal liability. Can the

minor be held civilly liable?
o No. The minor is also exempt from civil
liability.
The parents/guardians are civilly
liable.
o Relate with Art. 221 in Family Code:
Parents/guardians
with
parental
authority are civilly liable for the injuries
84

and
damages
caused
by
the
acts/omissions of minors living in their
company and under their parental
authority
Subject to proper defenses under law
Does a complex crime under Art. 48 automatically
mean there is only one civil liability?
o No. There are still as many civil liabilities as
crimes, because Art.48 is strictly a pro reo
provision in criminal law and does not extend
to civil liabilities.
Is the adopter civilly liable for the damage caused
by the adopted minor?
o Yes.
What are the requirements for the employer to be
civilly liable for damage caused by their
employees?
o The employee has to be insolvent.
Is a teacher liable for students acts?
o Only when engaged in industry.
Mere consulting doctors in a hospital negligently
left gauze in the stomach of a person they
operated on. Is the hospital liable?
o Respondeat superior because there was
control exerted by the hospital
o Are these consultants deemed employees?
Yes.
Because employer-employee
relationship is not determined by the
nomenclature of the relationship.

o For medical negligence cases, an employeremployee relationship exists between hospitals

and their attending physicians, including
medical consultants.
Ratio: The performance of these doctors
is evaluated by a peer review board
based on feedback from patients and
mortality statistics. The private hospitals
can hire/fire/exercise control over the
consultants.
The hospital is owned by a private corporation. Is
the private corporation civilly liable for the
negligence of the consultant-doctors?
o If a hospital is owned by a private corporation,
such corporation may be held liable on the
basis of corporate negligence or corporate
responsibility. As the owner of the hospital, the
private corporation is duty-bound to see to it
that the hospital meets the needs of the
patients, including close supervision over
medical staff, including consultants.
When can the employer be exempted from
subsidiary liability, or have it lessened?
o If there is collusion between employee and
private complainant, ex. the claim is inflated, in
order for the employer to have more liability.
In order for employer to be liable, what proof is
needed?

85

o There must be proof that the employee is

insolvent. This is proven through returns of the
sheriff.
o Can the employer challenge the sheriffs
returns?
Yes.
o At what stage of the proceedings can the
employer do this?
Upon the submission of the sheriffs
return.
If the employee is convicted based on reasonable
doubt, is there civil liability for the employer?
o Yes. The only time there is no civil liability is
when the court holds that the accused did not
commit the acts on which the charge was
based on.
What is the rule on registered vehicles?
o Regardless of who the actual owner of the
motor vehicle might be, the registered owner is
the operator of the same with respect to the
public or third persons. The owner on record is
the employer of the driver; the actual operator
and owner are mere agents of the registered
owner of the vehicle.
o The registered owner is subsidarily liable (not
the lessee), but the registered owner can
recover from the lessee.
When are civil liabilities applicable?

o Whether the offense is punishable by law or

not. (Because it can be based on contracts or
quasi-delicts). There may be victimless crimes
or crimes with victims.
What is the rule for civil liabilities arising from
criminal offenses?
o The moment the criminal action is instituted,
the civil action is instituted along with it.
Can there be civil penalties for crimes defined by
SPL?
o Yes; however, there must be evidence that a
party, including the government, sustained
substantial injury so that the accused may be
civilly liable.
If a crime is absorbed by another crime, can there
be civil liability in the absorbed crime, juridically
speaking?
o Yes.
Ex. for political crimes like rebellion,
sedition, etc. there can be murder or
rape. These are absorbed by the
political crime; nevertheless, there is
civil liability for these acts.
Ex. there is criminal liability for
homicide, even if absorbed by arson.
X issued a post-dated check in payment of a
current obligation.
It bounced.
How many
crimes?
o Two: BP 22 and estafa.

86

o Will X have to pay twice for the value of the

check, considering there is only one
check?
No. Even if there were two crimes,
there was only one check, thus there
should only be one payment of the
check.
What is restitution, and what are its rules?
o Must return the thing itself if possible, with
allowance for deterioration or diminution of
value
o What if a third person acquired a property
that was subject of crime?
Offended party can still recover the item
from that person
But the buyer in GF is entitled to
reimbursement from thief or criminal.
If the stolen property cannot be returned
anymore, what is the remedy?
o Value of the thing taken.
o When do you determine value? At time of
commission of crime or upon order of
return?
Rationale is to bring back the situation
to before the crime was committed.
Value of the property in the commission
of the crime must be the basis.
What is reparation?

o The court must determine the amount of

damage, taking into consideration the price of
the thing, if possible, and special sentimental
value to the injured party.
What other liabilities aside from restitution and
reparation?
o Under NCC, for one to be able to recover
actual damages, he must be able to prove by
documentary evidence the actual damages
sustained by him
o If he cannot prove actual value of actual
damages, what must one prove to be
entitled to temperate damages?
Claimant need not prove actual amount,
as long as there is proof that there is
loss.
Court may grant temperate damages, as
long as reasonable.
P v. Billaber: In a charge for illegal recruitment, the
money paid by the applicant (placement fee, etc.),
o 12% interest on the return of the amount paid
from time of filing of the case until the amount
has been paid.
Palana v. P: The petition was convicted for BP 22.
Ordered to pay to offended party the amount of check
with interest (6%) from filing of information until the
finality of the decision + 12% per annum from finality
of decision until the amount was paid.
What are the rules for actual damages?

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o 1. For crimes and quasi-delicts liable for all

natural and probable consequences of the act
or omission
o 2. Liability may be increased or decreased
depending on aggravating or mitigating
circumstances
o What damages may be recovered?
Actual
or
compensatory,
moral,
exemplary, temperate, nominal, etc.
Reparation, restitution, indemnification
for consequential damages
Not only actually value lost, but also lost
profits.
Under what circumstances can moral damages be
recovered?
o 1. Crimes leading to physical injuries
Includes death
o 2. Quasi-delicts
o 3. Seduction, abduction, rape, or other
lascivious acts
o 4. Adultery or concubinage
o 5. Illegal or arbitrary detention, arrest, or
search
o 6. Libel, slander, or defamation
When are exemplary damages imposed?
o When a crime has one or more ACs,
exemplary damages may be imposed
In criminal law, an AC not alleged in the
information cannot be considered. Does the

the actual damages are not proved, the court

may prove temperate damages.

same rule apply for ACs, which can be the basis

of exemplary damages under the NCC?
o No. The word aggravating in NCC should be
applied in its generic sense since it does not
distinguish.
Includes specific aggravating,
qualifying circumstances, etc.
These are
distinct and separate from penalty of fine in the
RPC.
o Even if not alleged in the complaint or
information, if proven = can lead to exemplary
damages. The rule is under the NCC and not
the RPC, after all.
o Ex. Even if treachery is a qualifying
circumstance under AR 248, it can be treated
as a generic aggravating circumstance for the
purpose of imposing exemplary damages
o May exemplary damages be awarded in
arson?
Yes. It is an anti-social act.
o Can relationship be the basis to grant
exemplary damages?
Yes. Relationship may be a basis for
granting exemplary damages even if it is
an inherent element of the crime (ex.
parricide).
When are temperate damages recoverable?
o The heirs of a deceased in homicide, murder,
parricide are entitled to actual damages, as
proved by requisite documentary evidence. If

Check Annex 1 for detailed numbers on civil liabilities

MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY
Extinction of criminal liability

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How is criminal liability extinguished?

o 1. Death of the convict as to personal penalties
For pecuniary penalties, if death of the
offender occurs before final judgment
o 2. Service of the sentence
o 3. Amnesty
o 4. Absolute pardon
o 5. Prescription of the crime
o 6. Prescription of the penalty
o 7. Marriage of offended party as provided in
Article 344 of the RPC
When does death extinguish the civil liability of
the accused and when does it not?
o When the civil liability arises from the criminal
act.
Civil liability of accused extinguished by
death includes duty to restitute the
proceeds of the crime.
o But civil liability predicated on a source other
than the delict survives. In this case, it can be
executed against the estate.
Contrast absolute pardon from amnesty:

o Pardon: does not look back; looks to the future

and is not retrospective
If he is pardoned and commits a crime
of the same title, he is still a recidivist
o Amnesty: everything is extinguished
o Pardon is a private act of the President and
must be proved by the accused, unlike
amnesty, where the court can take judicial
notice because it is a public act with the
concurrence of Congress.
o Effects on right to suffrage and right to hold
public office:
Absolute pardon granted by President
restores civil rights, but for these two
specific rights (suffrage and holding
public office), it must be specifically
granted by the pardon
What is the rule on pardon under Art. 344?
o The offended party may grant pardon to both
offenders, in the crime of concubinage and
adultery.
o Offended party may pardon before institution of
criminal complaint.
o If there is conviction by final judgment, the
President may grant PARDON EVEN IF it is a
private crime.
When does marriage become a condonation?
o Under 8353, the marriage between offender
and offended party in rape or sexual assault

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will extinguish criminal liability and the penalty

already imposed.
o So even if the marriage happened during
service of sentence, the penalty already
imposed is extinguished.
o Supposing there are 3 accused: principal
by direct participation, principal by
indispensable
cooperation,
and
an
accomplice if there is marriage between
principal by direct participation, does this
extinguish liability for the other accused?
Yes, they are benefited. This was the
intent of the Senate when they removed
the original proviso stating that the coprincipal, accomplice, and accessory do
not benefit (through Sen. Enriles
statement).
Suppose an accused made perjurious statements
in a petition for naturalization. He was found out.
He decided to withdraw the petition for
naturalization. Does this extinguish liability?
o No. This extinguishes merely the application
but not the liability for a crime already
committed
What is the amnesty period rule under BP 22?
o For BP 22, when a check was issued, there
were no funds. But when presented, there
already were funds No liability in this case.

o If there were still no funds when presented,

there is amnesty period for 5 days to pay. If
paid No liability.
Prescription of crimes

When do crimes prescribe?

o Death, RP, RT 20 years
o PM, other afflictive penalties 15 years
o Correctional penalties 10 years
o AM 5 years
o Light offenses 2 months
o Libel and similar offenses 1 year
o Oral defamation, slander by deed 6 months
o N.B. Remember 20y-10y-2m as the usual rule;
then remember that the two mayors are 5y
less than their brethren. Remember, finally,
that libel and slander are 1 year and 6 months,
respectively.
If the penalty imposed on the convict is a
compound one, what is the basis for
prescription?
o The highest penalty.
What is the nature of destierro?
o Destierro is correctional: prescribes in 10 years
What should be considered to determine whether
the crime has prescribed or not?
o 1. Period of the offense charged
o 2. Period when it begins to run
o 3. Period when it is interrupted

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Act 3326: the law defining how to compute

prescription for crimes under SPL
o But there are SPLs that themselves provide for
manner of computing prescription
o Ex. OEC 5 years
What is the rule under Act 3326?
o Prescriptive period: from when it is known to
the offended party or to the State or agents
o If not known when committed, when
discovered by the offended party or the State
or its agents
What do you mean by offended party?
o Private party or government or its agents
When does the period start running?
o When crime is discovered by the offended
party, authorities, their agents
When is the period interrupted?
o 1. Counted when complaint filed for preliminary
investigation with public prosecutor or the
OMB.
What if its a crime punishable under
Summary Procedure?
When it is filed directly with the
court
Or when it is filed with the
prosecutor
o 2. Offender is outside the Philippines this
does not contemplate very brief trips abroad
When does the period resume?

o 1. When proceedings terminate without the

accused being convicted or acquitted
o 2. When proceedings are unjustifiably stopped
for reasons not imputable to the accused
How about continuing crime? When does period
being to run?
o Prescriptive period runs after the occurrence of
the LAST act.
Supposing a document is executed (ex. REM) and
it is falsified. When does the period run?
o For documents required to be filed with the
Reg. of Deeds, period begins to run upon filing
with the ROD.
But what is the rule for marriage?
o Prescriptive period should begin to run from
when State or agents or offended party
acquired actual knowledge of the second
marriage.
Unlike property registration,
registration of marriage is not constructive
knowledge of marriage.

Indeterminate Sentence Law

Prescription of penalties

o N.B. This differs from prescription of crimes in

the ff ways:
1. RT drops from 20 years to 15 years
2. Light penalties increase from 2
months to 1 year
3. Libel and slander have no special
periods
When does prescription of penalties start to run?
o The prescriptive period for penalties begins to
toll when the accused commits the crime of
evasion of service of sentence.
When is it interrupted?
o 1. Defendant surrenders
o 2. Defendant captured
o 3. Goes to foreign country where the
Philippines has no extradition treaty
o 4. Commits another crime before expiration of
period

What are the prescriptive periods for penalties?

o Death and RP 20 years
o RT, PM, other afflictive penalties 15 years
o Correctional penalties 10 years
o AM 5 years
o Light penalties 1 year

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What is the nature and purpose of the ISL?

o For benefit of convict, and to increase
economic contribution.
o Purpose: to individualize the administration of
Phil. penal law.
o Looks at convict as private individual, and
secondly as member of society as a whole.
o The State is concerned not only in protecting
social organization against criminal acts of

destructive individuals, but also in redeeming

the individual for economic usefulness and
other social ends.
What is the courts role under the ISL?
o Court must determine the maximum of the
indeterminate penalty, and then the minimum.
How is the maximum determined?
o Consider modifying circumstances. Note that
the privileged mitigating circumstances must
first be considered.
How is the minimum determined?
o Minimum is one degree lower than that
provided by the RPC.
o The minimum is within the whole range of the
next lower penalty, not necessarily in the same
period as the maximum penalty. Thus, the
period of the minimum and maximum need not
be the same.
o Minimum: court has unlimited discretion within
the range of the minimum of the penalty one
degree lower than the penalty imposed by law
Who cannot avail of ISL?
o [grave crimes]
o 1. Convicted and punished with death, life
imprisonment, RP
For
the
purpose
of
ISL,
life
imprisonment and RP are synonymous.
o 2. Committed:

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Treason, misprision of treason, proposal

to commit treason;
Rebellion, sedition, espionage;
Piracy
o [personal circumstances]
o 3. Habitual delinquent
o 4. Escaped confinement or evaded sentence
o 5. Violated conditional pardon
o [too short]
o 6. Maximum term of not more than one year
o 7. Those already sentenced by FJ upon
passage of Act
Obviously not applicable now, since
those incarcerated then are now dead or
out of prison
Does ISL apply to fines?
o No, the ISL does not apply because it applies
only to penalty of imprisonment with divisible
penalty.
There are laws which expressly provide that the
convict is not entitled to the benefits of the ISL and
parole. Ex. terrorism law.
When can a straight penalty be imposed?
o When BOTH minimum and maximum durations
of imprisonment are less than 1 year (outside
coverage of the ISL). For instance, in this
case, the maximum was four months and one
day. The court imposed a straight penalty of
60 days.

What is parole?
o When the person serves the minimum of the
ISL, he may apply for parole. He will be
allowed to leave the penal institution under
certain conditions. (Ex. do not commit crime,
etc.)
o Offenders who commit crimes while on parole
are disqualified from ISL.
o This lasts for a certain period of time.
o If he complies with the conditions of the parole,
the Board of Pardons and Parole will give out
final release and discharge.
What if the offense is punished under an SPL with
a definite range provided for the penalty?
o The court still imposes an indeterminate
sentence, using the minimum and maximum
periods provided by the law as limits.

Probation Law

What are the conditions that should accompany a

grant of probation?
o Mandatory conditions:
1. Report to designated probation officer
within 72 hours after receipt of order
2. Report periodically to the officer at
least once a month or sooner, as
determined by the officer
o Discretionary: the court will specify these
What is a penalty subject to probation?

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o Must not exceed 6 years (PC).

o Fine must not be 200 pesos or more.
Who are disqualified from probation?
o [Type of conviction]
o 1. Sentenced to maximum term of more than 6
years
o 2. Convicted of subversion or any crime
against national security or public order
o 3. Those who have perfected appeal
o [Had prior record]
o 4. Previously convicted by FJ of offense
punished by imprisonment not less than 1
month and 1 day and/or fine not less than 200
o 5. Once been on probation
o [Not likely to be applicable]
o 5. Already serving sentence upon effectivity of
probation law
Again, this is unlikely to apply now
Differentiate disqualification from denial:
o Denial is when a person is qualified for
probation but it is not granted because of, for
instance, dubiety in character.
o Note that probation is a privilege, not a right.
Even if you are not disqualified, it doesnt mean
you are automatically qualified.
What is the number one rule?
o if you file appeal, you lose benefit of probation.
If you file for probation, you cannot appeal.
When must application for probation be filed?

o Within period for perfection of an appeal.

What is the effect of probation?
o 1. The sentence is suspended
o 2. If the probation is violated, the entire
sentence is served
What is the rule on Probation of minors?
o If the minor is incorrigible, then he will serve
the penalty of imprisonment. But he is still
entitled to probation.
How did R.A. 9344 amend the Probation Law?
o Because normally if you appeal, you lose
probation. But under 9344, it is allowed.
X was sentenced for three crimes, tried jointly.
Each had less than a 6 year penalty. If you add
them all up, however, they exceed 6 years. Does
probation apply?
o Yes. By a vote of 8-7, the SC said he is entitled
to probation. The penalty for EACH crime is
considered, not all the crimes.
X was convicted of frustrated homicide (PM). He
appealed to CA, which affirmed, but with
modifications. He filed petition for probation but
was denied for appealing. He claimed he did not
appeal from CA decision. Is X entitled to
probation?
o No probation, because appeal that matters is
appeal from the trial court, not the CA.
What is the additional rule in RA 9372?

o Those who commit terrorism are not entitled to

probation.
What is the remedy if the court denied petition for
probation?
o If there was GADALEJ, the remedy is Rule 65
(Certiorari)
Soriano v. CA: In the probation that was granted, a
condition was that he has to submit a program of
payment for the civil liability. He did not pay. The
probation was revoked for failure to comply. Went to
the CA: unconstitutional because he is being
imprisoned for nonpayment of debt HELD: Wrong
contention!
Imprisoned for not complying for
condition of probation, not for nonpayment.

I: CRIMES AGAINST NATIONAL SECURITY

TREASON (114)

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What is the nature of treason?

o Treason differs from other crimes, because all
persons are regarded as principals. Those
aiding or abetting, or even those not present in
the scene but playing just a small part are
considered principals.
o N.B. This is the only provision in the RPC that
is based on the constitution of the US (Art 3,
Sec 3), and not borrowed from Spain. This
includes the need to either have:
Testimony of two witnesses to the same
overt act