Memory Aid - Book I of RPC

SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW

Any form of reproduction of this copy is strictly prohibited!!!
EXCEPTION:
a. When a new statute dealing with the
crime established conditions more
lenient or favorable to the accused, it
can be given a retroactive effect.
MEMORY AID IN
CRIMINAL LAW
BOOK ONE
CRIMINAL LAW The branch or
a.
division of law which defines crimes, treats

of their nature and provides for the
punishment.
b.
LIMITATIONS ON THE POWER OF

CONGRESS TO ENACT PENAL LAWS
1. must not violate the equal protection clause
of the Constitution.
2. must not partake the nature of an ex post
facto law.
3. must not partake of the nature of a bill of
attainder.
4. must not impose cruel and unusual
punishment nor excessive fines.
CHARACTERISTICS OF CRIMINAL
LAW
1. GENERAL, in that criminal law is binding on
all persons who live or sojourn in Philippine
territory (Art. 14, New Civil Code.).
EXCEPTIONS:
a. Those who are exempted by treaty
stipulations.
b. Those who are exempted by laws of
preferential application
c. Those who are exempted by virtue of
the principles of public internal law (such
as sovereigns and other chiefs of state,
ambassadors, ministers plenipotentiary,
ministers resident, and their charges
daffaires.
But consuls, vice-consuls
and other commercial representatives of
foreign nations do not possess the
status of, and cannot claim the same
privileges and immunities accorded to
ambassadors and ministers (Wheaton,
International Law).
2. TERRITORIAL, in that criminal laws of the
Philippines, as a rule, are enforceable only
within its territory.
EXCEPTION:
a. Those provided under Art. 2 of the
Revised Penal Code.
3. PROSPECTIVE, in that a penal law cannot
make an act punishable in a manner in
which it was not punishable when
committed. As provided in Article 366 of the
Revised penal Code, crimes are punished
under the laws in force at the time of their
commission.
BUT THIS EXCEPTION HAS NO

APPLICATION WHEN:
the new law is expressly made
inapplicable to pending actions or
existing causes of
actions.
the offender is a habitual criminal.
EFFECTS OF REPEAL OF PENAL

LAW
1. If the repeal makes the penalty lighter in the
new law, the new law shall be applied.
Except when the offender is a habitual
delinquent, or when the new law is made
inapplicable to pending actions or existing
causes of action.
2. If the new law imposes a heavier penalty,
the law in force at the time of the
commission of the offense shall be applied.
3. If the new law totally repeals the existing law
so that the act which was penalized under
the old law is no longer punishable, the
crime is obliterated.
ART. I. TIME WHEN THE ACT TAKES

EFFECT.
TWO SCHOOLS OF THOUGHT IN
CRIMINAL LAW
1.
2.
Classical - the basis of criminal liability is

human free will, and the purpose of the
penalty is retribution.
Positivists- man is subdued by a strange
and morbid phenomenon which constrains
him to do wrong, in spite of or contrary to his
own volition; crimes are penalized distinctly
in each particular case.
ART. 2. APPLICATION OF ITS

PROVISIONS
This article is an exception to the principle of
Generality of penal laws.
VESSELS
1.
2.
A Philippine vessel or aircraft must be

understood as that which is registered in the
Philippine Bureau of Customs.
Disorders which disturb only the peace of
the ship or those on board are to be dealt
with exclusively by the sovereignty of the
home of the ship, but those which disturb
the public peace may be suppressed, and, if
1
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.

3.
need be, the offenders punished by the

proper authorities of the local jurisdiction.
In case vessels are in the ports or territorial
waters of a foreign country, a distinction
must be made between the merchant ships
and warships. The former are more or less
subjected to the territorial laws. Warships
are always reputed to be the territory of the
country to which they belong and cannot be
subjected to the laws of another state.
ART. 3. FELONIES
GENERAL ELEMENTS OF FELONIES:
1.
2.
3.
That there must be an act or omission. But

only external acts are punishable, internal
acts are beyond the sphere of penal laws.
That the act or omission must be punishable
by the Revised Penal Code; the reason
being, nullum crimen, nulla poena sine
lege- there is no crime when there is no law
punishing it.
That the act is performed or the omission
incurred by means of dolo or culpa.
CLASSIFICATION OF FELONIES
ACCORDING TO THE MEANS BY WHICH
THEY ARE COMMITTED
1.
2.
Intentional felonies- the act is performed

with deliberate intent or malice.
The
offender, in performing the act or in
incurring the omission, has the intention to
cause an injury to another.
REQUISITES OF DOLO OR MALICE:
1. FREEDOM;
2. INTELLIGENCE;
3. INTENT while doing the act or omitting
to do the act. Criminal intent is
presumed from the commission of an
unlawful act.
Culpable felonies- the act or omission of
the offender is not malicious. The injury
caused by the offender to another person is
unintentional, it being simply the incident
of another act performed without malice.
REQUISITES OF CULPA:
Criminal intent is replaced by negligence
and imprudence in felonies committed by
means of culpa.
Such negligence or
indifference to duty or to consequence is, in
law, equivalent to criminal intent. Hence, it
is still consistent with the rule that: a crime
is not committed, if the mind of the person
performing the act complained of be
innocent.
REASON FOR PUNISHING ACTS OF
NEGLIGENCE:
A man must use common sense, and
exercise due reflection in all his acts; it is
his duty to be cautious, careful and
prudent, if not from instinct, then through

fear of incurring punishment.
3.
Mala Prohibita- this is the third class of

crimes specifically punishable by SPECIAL
LAWS, and where criminal intent (or
criminal negligence) is not, as a rule,
necessary--- it being sufficient that the
offender has the intent to perpetrate the act
prohibited by the special law.
When the doing of an act is prohibited
by a special law, the act is injurious to
public welfare and the doing of the
prohibited act is the crime itself. The
act alone, irrespective of its motives,
constitutes the offense, and so good
faith is not a defense.
However, when the act penalized under
the Special Law is inherently wrong,
good faith and lack of criminal intent
are valid defenses.
MALA IN SE AND MALA PROHIBITA

1. Malum in Se (bad per se) violation of the
RPC
2. Malum Prohibitum violation of special
penal laws
DISTINCTIONS
(CODE: G-CAMP)
Malum in se
Malum prohibitum
1. Criminal liability is
based
on
the
MORAL TRAIT of
the offender, that
is why liability
would only arise
when there is dolo
or culpa in the
commission of the
punishable act.
1. The moral trait of

the offender is
NOT considered, it
is enough that the
prohibited act be
voluntarily done.
2. GOOD FAITH or
lack of criminal
intent is a valid
defense,
unless
the crime is the
result of culpa.
2. Good faith is NOT

a defense.
3. The degree of
ACCOMPLISHME
NT of the crime is
taken into account
in punishing the
offender.
Thus,
there
are
attempted,
frustrated
and
consummated
stages
in
the
commission of the
crime.
3. The act gives rise

to a crime only
when
it
is
consummated.
There are NO
attempted
or
frustrated stages.
2

Malum in se
Malum prohibitum
4. Penalty may vary

depending on the
presence
or
absence
of
CIRCUMSTANCES.
4. Mitigating
aggravating
circumstances
NOT taken
account
imposing
penalty.
and
5. Where there are

more than one
offender,
the
degree
of
PARTICIPATION
of each in the
commission of the
crime is taken into
account
in
imposing
the
penalty.
Thus
offenders
are
classified
principals,
accomplices and
accessories.
5. The degree of
participation of any
offender is NOT
considered.
All
those
who
perpetrated
the
prohibited act are
penalized to the
same
extent.
There
is
no
principal
or
accomplice
or
accessory
to
consider.
are
into
in
the
DISTINCTIONS
INTENT
1. purpose to use
particular means to
effect such result
2. element of the
crime,
except
in
malum prohibita
3.
essential
in
intentional felonies
MOTIVE
1. moving power which
impels one to act
2. NOT an element of
the crime
3. essential only when
the identity of the
perpetrator is in doubt
ART. 4. CRIMINAL LIABILITY

One who commits an intentional felony is
responsible for all the consequences which may
naturally and logically result therefrom, whether
foreseen, intended or not.
REQUISITES FOR CRIMINAL LIABILITY FOR
A FELONY, DIFFERENT FROM THAT
INTENDED TO BE COMMITTED (ART. 4,
PAR.1):
1. That an Intentional felony has been
committed; and
2. That the wrong done to the aggrieved party
be the direct, natural and logical
consequence of the felony committed by the
offender (Proximate cause).
PROXIMATE CAUSE -the cause, which, in
natural and continuous sequence, unbroken by
any efficient intervening cause, produces the

injury, and without which the result would not
have occurred.
One is NOT relieved from criminal liability for
the natural consequences of ones illegal acts
merely because one does not intend to produce
such consequences, as long as the felony
committed was the proximate cause.
CAUSES WHICH MAY PRODUCE A

RESULT DIFFERENT FROM THAT
INTENDED
1. Error in personae- mistake in the identity of
the victim
2. Aberratio ictus- mistake in the blow
3. Praeter intentionem- the injurious result is
different from that intended
MISTAKE OF FACT AS
REQUISITES:
A DEFENSE
1. the act done would have been lawful had the

facts been as accused believed them to be
2. the intention of the accused in doing the act
was lawful
3. the mistake was without fault or
carelessness on the part of the accused
REQUISITES FOR AN IMPOSSIBLE CRIME
(ART. 4, PAR. 2):
1. That the act performed would be an offense
against persons or property
2. That the act was done with evil intent
3. That its accomplishment is inherently
impossible, OR that the means employed is
either inadequate or ineffectual.
4. That the act performed should not constitute
a violation of another provision of the
Revised Penal Code.
The purpose of the law in punishing impossible
crime is to teach the offender a lesson for his
criminal perversity.
There is no such thing as an attempted or
frustrated impossible crime.
ART. 6. CONSUMMATED,
FRUSTRATED,
AND ATTEMPTED FELONIES
STAGES OF OFFENSES
1. CONSUMMATED FELONY - A felony is
consummated when all the elements
necessary
for
its
execution
and
accomplishment are present.
Every crime has its own elements, which
must all be present to constitute a culpable
3

violation of a precept of law.

2. FRUSTRATED FELONY - It is frustrated
when the offender performs all the acts of
execution which would produce the felony
as a consequence, but which nevertheless
do not produce it, by reason of causes
independent of the will of the perpetrator.
ELEMENTS:
(CODE: APNI)
1. The offender performs all the acts of
execution
2. All the acts performed would produce
the felony as a consequence
3. But the felony is not produced
4. By reason of causes independent of the
will of the perpetrator
The belief of the accused is NOT

considered. What should be considered
is whether all the acts of execution
performed by the offender would
produce the felony as a consequence.
3. ATTEMPTED FELONY - There is an attempt

when the offender commences the
commission of a felony directly by overt
acts, and does not perform all the acts of
execution which should produce the felony,
by reason of some cause or accident other
than his own spontaneous desistance.
ELEMENTS:
(Code1: C-A-OA)
1. The
offender
commences
the
commission of the felony directly by
overt acts
2. He does not perform all the acts of
execution which should produce the
felony
3. The offenders act be not stopped by his
own spontaneous desistance;
4. The non-performance of all acts of
execution was due to cause or accident
other than his own spontaneous
desistance.
OVERT ACTS: Some physical activity or
deed, indicating intention to commit a
particular crime, more than a mere planning
or preparation, which if carried to its
complete termination following its natural
course, without being frustrated by external
obstacles, nor by voluntary desistance of the
perpetrator will logically ripen into a concrete
offense.
INDETERMINATE OFFENSE : One where

1
A dash (-) before a letter means NOT.
the purpose of the offender in performing an

act is not certain.
Only offenders who personally executed

the commission of a crime can be guilty
of attempted felony. But one who takes
part only in the planning of a criminal
act, but desists in its actual commission,
is as a rule exempt from criminal liability.
TWO STAGES IN THE DEVELOPMENT OF A

CRIME:
1. Internal acts, such as mere ideas in the
mind of a person, are not punishable even if
they would constitute a crime, had they been
carried out.
2. External acts cover a) preparatory acts and
b) acts of execution.
a. Preparatory acts are ordinarily not
punishable.
But preparatory acts,
considered by law as independent
crimes, are punishable. An example is
the possession of picklocks under Art.
304, RPC, which is a preparatory act to
the commission of robbery.
b. Acts of execution are punishable under
the Revised Penal Code.
FACTORS TO CONSIDER IN DETERMINING
WHETHER THE FELONY IS ATTEMPTED,
FRUSTRATED OR CONSUMMATED:
1. Nature of the offense
2. Elements constituting the felony
3. Manner of committing the felony
ART. 7. LIGHT FELONIES

General rule: Light felonies are punishable only
when they have been consummated.
Exception: If committed against persons or
property, punishable even if attempted or
frustrated.
ART. 8. CONSPIRACY AND

PROPOSAL TO COMMIT FELONY
REQUISITES OF CONSPIRACY:
1. That two or more persons came to an
agreement;
2. That the agreement pertains to the
commission of a felony; and
3. That the execution of the felony be decided
upon.
REQUISITES OF PROPOSAL:
1. That a person has decided to commit a
felony; and
2. That he proposes its execution to some
other person or persons.
TWO ASPECTS OF CONSPIRACY OR
4

PROPOSAL TO COMMIT FELONY:

1. As a manner of incurring criminal liability
(general rule)
2. As
a
separate
punishable
offense
(exception)
RULES ON CONSPIRACY OR
PROPOSAL TO COMMIT A FELONY:
a. GENERAL RULE: Mere conspiracy and
proposal to commit a felony are not
punishable. Reason for the rule: conspiracy
and proposal to commit a crime are only
preparatory acts.
b. Exception: They are punishable in cases in
which the law specially provides a penalty
therefor.
c. And when conspiracy is itself a crime, no
overt act is necessary to bring about criminal
liability.
d. But when conspiracy is only a basis for
incurring criminal liability, there must be an
overt act before the co-conspirators become
criminally liable. In which case, the rule is
that: the act of one is the act of all.
Exception: If any of the co-conspirators would
commit a crime not agreed upon, the same
is NOT the act of all.
Exception to the exception: But in acts
constituting a single indivisible offense, all
will be liable for a crime committed by one
co-conspirator, even though he performed
different acts from that agreed upon in
bringing about the composite crime. The
others may only evade responsibility for any
other crime outside of that agreed upon, if it
is proved that the particular conspirator had
tried to prevent the commission of such
other act.
ART. 9. CLASSIFICATION OF
FELONIES
ACCORDING TO GRAVITY
IMPORTANCE OF THE CLASSIFICATION:
a. To determine whether these felonies can be
complexed or not;
b. To determine the prescription of the crime
and the prescription of the penalty.
CIRCUMSTANCES
DEFINITIONS:
1. Justifying circumstances are those where
the act of a person is said to be in
accordance with law, so that such person is
deemed not to have transgressed the law
and is free from both criminal and civil
liability. There is no civil liability, except in
par. 4 of Art. 11, where the civil liability is
borne by the persons benefited by the act.
2. Confession and avoidance the accused
admits the offense charged but invokes
justifying or exempting circumstances to
evade the penalty.
1. SELF-DEFENSE
REQUISITES:
1. unlawful aggression;
2. reasonable necessity of the means
employed to prevent or repel it; and
3. lack of sufficient provocation on the part of
the person defending himself
Unlawful aggression is equivalent to assault

or at least threatened assault of an
immediate and imminent kind.
NOT considered unlawful aggression:

a. Insulting words addressed to the accused,
no matter how objectionable they may have
been, without physical assault, could NOT
constitute unlawful aggression.
b. A mere threatening or intimidating attitude,
not preceded by an outward and material
aggression, is NOT unlawful aggression,
because is it required that the act be
offensive and positively strong, showing the
wrongful intent of the aggressor to cause an
injury.
Necessity must be both on the means

employed and the action taken.
Reasonableness of the means employed
depends upon the nature and quality of the
(1) weapon used by the aggressor, and (2)
his physical condition, character, size and
other circumstances, (3) and those of the
person defending himself, (4) and also the
place and occasion of the assault.
ART. 10. OFFENSES NOT SUBJECT

TO THE PROVISIONS OF THE RPC
The provisions of the RPC on penalties

cannot be applied to offenses punishable
under special laws.
ART. 11. JUSTIFYING

5

Test of reasonable necessity: What the law

requires is rational equivalence, in
consideration of which will enter as principal
factors the following: (1) the emergency and
imminent danger to which the person
attacked is exposed, and (2) the instinct,
more than reason, that moves or impels the
defense. Proportionateness rests upon the
imminent danger and not upon the harm
done.
NOT required for reasonable necessity:
Perfect equality between the weapons used
by the one defending himself and that of the
aggressor is not required, nor material
commensurability between the means of
attack and defense.
Reason: This is
because the person assaulted does not
have sufficient tranquility of mind to think
and to calculate.
Reason why penal law makes self-defense
lawful:
It would be quite impossible for the State in
all cases to prevent aggression upon its
citizens (and even foreigners) and offer
protection to the person justly attacked. On
the other hand, it cannot be conceived that a
person should succumb to an unlawful
aggression without offering any resistance.
Rights included in self-defense:
Self-defense includes not only the defense
of the person or body of the one assaulted
but also that of his rights, the enjoyment of
which is protected by law.
1. Includes the right to honor. Hence, a
slap on the face is considered as
unlawful aggression directed against the
honor of the actor,
2. Includes defense of property rights, only
if there is also an actual and imminent
danger on the person of the one
defending.
2. DEFENSE OF RELATIVES
RELATIVES THAT CAN BE DEFENDED:
(CODE: SADB4)
1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural or adopted brothers and
sisters, or relatives by affinity in the same
degrees.
5. Relatives by consanguinity within the fourth
civil degree
That fact that the relative defended gave
provocation is immaterial.
3. DEFENSE OF STRANGER
WHO ARE DEEMED STRANGERS?
Any person not included in the enumeration of
relatives mentioned in paragraph 2 of this article,

is considered stranger for the purpose of
paragraph 3. Hence, even a close friend or a
distant relative is a stranger within the meaning
of paragraph 3.
4. AVOIDANCE OF GREATER EVIL OR

INJURY
The greater evil must not be brought about

by the negligence or imprudence of the
actor.
Civil liability referred to in a state of

necessity is based not on the act committed,
but on the benefit derived from the state of
necessity.
a. So the accused will not be civilly liable if
he did not receive any benefit from the
state of necessity.
b. On the other hand, persons who did not
participate in the damage or injury would
be pro tanto civilly liable if they derived
benefit out of the state of necessity.
5. FULFILLMENT OF DUTY; OR
LAWFUL EXERCISE OF RIGHT OR
OFFICE
REQUISITES:
1. That the accused acted in the performance
of a duty or in the lawful exercise of a right
or office;
2. That the injury caused or the offense
committed be the necessary consequence
of the due performance of duty or the lawful
exercise of such right or office.
6. OBEDIENCE TO AN ORDER ISSUED

FOR SOME LAWFUL PURPOSE
REQUISITES:
1. That an order has been issued by a superior
2. That such order must be for some lawful
purpose
3. That the means used by the subordinate to
carry out said order is lawful
Both the person who gives the order and the

person who executes it must be acting
within the limitations prescribed by law.
ART. 12. EXEMPTING

CIRCUMSTANCES
DEFINITION:
1. Exempting
circumstances
(or
the
circumstances for non-imputability) are
those grounds for exemption from
punishment, because there is wanting in the
agent of the crime any of the conditions
which makes the act voluntary, or negligent.
6

BASIS:
The exemption from punishment is based on the
complete absence of intelligence, freedom of
action, or intent, or on the absence of
negligence on the part of the accused.
DISTINCTIONS
(CODE: AL-C-L)
JUSTIFYING
CIRCUMSTANCE
1. It affects the act
not the actor.
2. The
act
is
considered to have
been done within
the bounds of law;
hence, legitimate
and lawful in the
eyes of the law.
3. Since the act is
considered lawful,
there is no crime.
4. Since there is no
crime,
nor
a
criminal, there is
also no liability,
criminal nor civil.
EXEMPTING
CIRCUMSTANCE
1. It affects the actor
not the act.
2. The act
complained of is
actually wrongful,
but the actor is
not liable.
3. Since the act
complained of is
actually wrong,
there is a crime;
but the since actor
acted without
voluntariness,
there is no dolo
nor culpa.
4. Since there is a
crime committed
though there is no
criminal, there is
civil liability.
1. IMBECILITY OR INSANITY
1.
2.
3.
Insanity or imbecility exists when there is a

complete deprivation of intelligence in
committing the act, that is, the accused is
(1) deprived of reason, he acts without the
least discernment, or that (2) there is a total
deprivation of freedom of the will. An
imbecile is exempt in all cases from criminal
liability.
But an insane person is not so exempt if it
can be shown that he acted during a lucid
interval.
Also, when the accused was sane at the
time of the commission of the crime, but he
becomes insane at the time of the trial, he is
criminally liable. The trial, however, will be
suspended until the mental capacity of the
accused is restored, in order to afford him a
fair trial.
2 TESTS OF INSANITY:
1. Test
of
COGNITION
complete
deprivation of intelligence in committing
the crime.
2. Test of VOLITION total deprivation of
freedom of will.
2. PERSON UNDER NINE YEARS OF

AGE
An infant under the age of nine years is
absolutely and conclusively presumed to be
incapable of committing a crime.
3. PERSON OVER NINE YEARS OF AGE

AND UNDER FIFTEEN, ACTING
WITHOUT DISCERNMENT
1.
2.
Discernment means mental capacity (i.e. of

a minor) to fully appreciate the
consequences of an unlawful act.
Discernment may be shown by (1) the
manner the crime was committed, or (2) the
conduct of the offender after its commission
4. A PERSON WHO WHILE

PERFORMING A LAWFUL ACT WITH
DUE CARE, CAUSES INJURY, BY
MERE ACCIDENT WITHOUT FAULT
OR INTENTION OF CAUSING IT
1. Accident is something that happens outside
the sway of our will, and although it comes
about through some act of our will, lies
beyond the bounds of humanly foreseeable
consequences.
2. An accident presupposes lack of intention to
commit the wrong done.
5. A PERSON WHO ACTS UNDER THE

COMPULSION OF AN IRRESISTIBLE
FORCE
ELEMENTS:
1. That the compulsion is by means of physical
force.
2. That the physical force must be irresistible.
3. That the physical force must come from a
third person.
The irresistible force must never consist in

an impulse or passion, or obfuscation. It
must consist of an extraneous force coming
from a third person.
6. A PERSON WHO ACTS UNDER THE

IMPULSE OF UNCONTROLLABLE
FEAR OF AN EQUAL OR GREATER
INJURY
ELEMENTS:
1. That the threat which causes the fear is of
an evil greater than, or at least equal to, that
which he is required to commit;
2. That it promises an evil of such gravity and
imminence that the ordinary man would
have succumbed to it.
Duress as a valid defense should be based

on real, imminent, or reasonable fear for
ones life or limb and should not be
speculative, fanciful, or remote fear.
7

Hence, duress is unavailing where the

accused had every opportunity to run away
if he had wanted to, or to resist any possible
aggression because was also armed.
DISTINGUISHED FROM IRRESISTIBLE

FORCE:
In irresistible force (par. 5), the offender
uses violence or physical force to compel
another person to commit a crime; in
uncontrollable fear (par. 6), the offender
employs intimidation or threat in compelling
another to commit a crime.
7. A PERSON WHO FAILS TO PERFORM

AN ACT REQUIRED BY LAW, WHEN
PREVENTED BY SOME LAWFUL OR
INSUPERABLE CAUSE.
ELEMENTS:
1. That an act is required by law to be done
2. That a person fails to perform such act
3. That his failure to perform such act was due
to some lawful or insuperable cause.
ABSOLUTORY CAUSES
DEFINITION:
Absolutory causes are those where the act
committed is a crime but for reasons of
public policy and sentiment there is no
penalty imposed.
Instigation is an absolutory cause.

REASON: An instigator practically induces
the would-be accused into the commission
of the offense, and himself becomes a coprincipal. Sound public policy requires that
the courts condemn this practice by directing
the acquittal of the accused.
ART. 13. MITIGATING

CIRCUMSTANCES
DEFINITION:
1. Mitigating circumstances are those which, if
present in the commission of the crime, do
not entirely free the actor from criminal
liability, but serve only to reduce the penalty.
BASIS:
Mitigating circumstances are based on the
diminution of either freedom of action,
intelligence, or intent, or on the lesser perversity
of the offender.
CLASSES OF MITIGATING
CIRCUMSTANCES
1. Ordinary mitigating those enumerated in
subsections 1 to 10 of Article 13, RPC.

Those mentioned in subsection 1 of Art. 13
are ordinary mitigating circumstances, if Art.
69, for instance, is not applicable.
2. Privileged mitigating see Arts. 68, 69 and
64 of the RPC.
DISTINCTIONS
(CODE: OM)
As to the
nature of the
consequences
ORDINARY
MITIGATING
CIRCUMSTANCE
PRIVILEGED
MITIGATING
CIRCUMSTANCE
1. It can be
offset by an
aggravating
1. It can
NEVER be
offset by
any
aggravating
circumstance
circumstance
As to the
effect
2. If not offset,
it will
operate to
reduce the
penalty to
the
minimum
period,
provided
the penalty
is a divisible
one.
.
2. It operates
to reduce
the penalty
by one to
two
DEGREES
depending
upon what
the law
provides.
PARAGRAPH 1: INCOMPLETE
JUSTIFYING OR EXEMPTING
CIRCUMSTANCE
1. Applies, when all the requisites necessary to
justify the act are not attendant.
2. But in the case of incomplete self-defense,
defense of relatives, and defense of
stranger, unlawful aggression must be
present, it being an indispensable requisite.
PARAGRAPH 2: UNDER 18, OR OVER 70

YEARS OLD
LEGAL EFFECTS OF VARIOUS AGES OF
OFFENDER:
1. Under 9 years of age, an exempting
circumstance (Art. 12, par. 2);
2. Over 9 and under 15 years of age, acting
without discernment is also an exempting
circumstance, (Art. 12, par. 3; see Art. 68,
par. 1);
3. Minor delinquent (under 18 years of age),
the sentence may be suspended (Art. 192,
PD 603, as amended by PD 1179);
4. Under 18 years of age, privileged mitigating
circumstance (Art. 68);
5. 18 years or over, full criminal responsibility;
6. 70 years or over, mitigating circumstance
8

(Art. 13, par. 2), no imposition of death

penalty (Art. 47, par. 1), execution of death
sentence if already imposed is suspended
and commuted (Art. 83).
PARAGRAPH 3: NO INTENTION TO
COMMIT SO GRAVE A WRONG
1. If the offender had no intention to commit so
grave a wrong as that committed, he is
entitled to a mitigating circumstance. This
can be taken into account only when the
facts proven show that there is a notable
and evident disproportion between the
means employed to execute the criminal act
and its consequences.
2. This paragraph is not applicable to culpable
felonies.
the person
committing the
felony.
2.
3.
PARAGRAPH 4: PROVOCATION OR
THREAT
DEFINITION:
Provocation is understood as any unjust or
improper conduct or act of the offended party,
capable of exciting, inciting, or irritating any one.
REQUISITES:
(Code: soi)
1. That the provocation must be sufficient.
2. That it must originate from the offended
party.
3. That the provocation must be immediate to
the commission of the crime by the person
who is provoked.
The threat should not be offensive and

positively strong. Otherwise, the threat to
inflict real injury is an unlawful aggression,
which may give rise to self- defense.
PARAGRAPH 5: VINDICATION OF
GRAVE OFFENSE
REQUISITES:
1. That there be a grave offense done to the
one committing the felony (offender), his
spouse,
ascendants,
descendants,
legitimate, natural or adopted brothers or
sisters, or relatives by affinity within the
same degrees;
2. That the felony is committed in vindication of
such grave offense.
Immediate vindication means proximate.

Hence, a lapse of time is allowed between
the vindication and the doing of the grave
offense.
DISTINCTIONS
(CODE: D-GI)
PROVOCATION
1.
It is made
directly only to
The cause that

brought about
the provocation
need not be a
grave offense.
It is necessary
that the
provocation or
threat
immediately
preceded the
act, i.e., that
there be no
interval of time
between the
provocation and
the commission
of the crime.
2.
3.
committed also
against the
offenders
relatives
mentioned by
law.
The offended
party must have
done a grave
offense to the
offender or his
relatives
mentioned by
law.
The vindication
of the grave
offense may be
proximate,
which admits of
an INTERVAL
of time between
the grave
offense done by
the offended
party and the
commission of
the crime by the
accused.
PARAGRAPH 6: PASSION OR
OBFUSCATION
REQUISITES:
1. The accused acted upon an impulse.
2. The impulse must be so powerful that it
naturally produced passion or obfuscation in
him.
REASON: When there are causes naturally

producing in a person powerful excitement,
he loses his reason and self-control, thereby
diminishing the exercise of his will power.
EXCEPTIONS: But even when there is actually

passion or obfuscation on the part of the
offender, there is no mitigating circumstance if:
(a) The act is committed in a spirit of
lawlessness; or (b) The act is committed in a
spirit of revenge.
PARAGRAPH 7: SURRENDER AND

CONFESSION OF GUILT
TWO MITIGATING CIRCUMSTANCES ARE
PROVIDED IN THIS PARAGRAPH:
1. Voluntary surrender to a person in authority
or his agents.
2. Voluntary confession of guilt before the
court, prior to the presentation of evidence
for the prosecution.
VINDICATION
1.
The grave
offense may be
9

REQUISITES OF VOLUNTARY SURRENDER:

(Code: -ASV)
1. That the offender had not been actually
arrested
2. That the offender surrendered himself to a
person in authority or to the latters agent
3. That the surrender was voluntary. Meaning,
for voluntary surrender to be appreciated,
the same must be spontaneous in such a
manner that it shows the interest of the
accused to surrender unconditionally to the
authorities.
REQUISITES OF VOLUNTARY PLEA OF
GUILTY:
(CODE: SCP)
1. That the offender spontaneously confessed
his guilt;
2. That the confession of guilt was made in
open court, that is, before the competent
court that is to try the case; and
3. That the confession of guilt was made prior
to the presentation of evidence for the
prosecution. Meaning, plea of guilty in the
RTC in a case appealed from the Municipal
Court is not mitigating, because the plea of
guilty must be made at the first opportunity
(in this case, the Municipal Court).
PARAGRAPH 8: PHYSICAL DEFECT OF

THE OFFENDER
DEFINITION: Physical defect referred to in

this paragraph is such as being armless,
cripple, or a stutterer, whereby his means to
act, to defend himself, or to communicate
with his fellow human beings, is limited.
PARAGRAPH 9: ILLNESS OF THE

OFFENDER
REQUISITES:
1. That the illness of the offender diminishes
the exercise of his will power.
2. That such illness should not deprive the
offender of consciousness of his acts.
PARAGRAPH 10: SIMILAR AND

ANALOGOUS CIRCUMSTANCES
This paragraph authorizes the court to

consider in favor of the accused any other
circumstance of a similar nature and
analogous
to
those
mentioned
in
paragraphs 1 to 9 of Article 13.
ART. 14 AGGRAVATING
CIRCUMSTANCES
serve to increase the penalty without,

however, exceeding the maximum of the
penalty provided by law for the offense.
BASIS:
They are based on the greater perversity of the
offender manifested in the commission of the
felony, as shown by (1) the motivating power
itself, (2) the place of commission, (3) the means
and ways employed, (4) the time, or (5) the
personal circumstances of the offender, or of the
offended party.
FOUR KINDS OF AGGRAVATING

CIRCUMSTANCES
1. GENERIC those that can generally apply to
all crimes
USUALLY: dwelling; nighttime; recidivism
ENUMERATED:
(1) Advantage taken of public position
(2) Contempt or insult to public authorities
(3) Commission in the dwelling of the
offended party
(4) Abuse of confidence; or obvious
ungratefulness
(5) Places of commission
(6) Nighttime; uninhabited place; or band
(7) Recidivism
(8) Reiteracion
(9) Craft, fraud, or disguise
(10)Unlawful entry
(11)By breaking wall, etc.
(12)Aid of a minor (under 15 years)
2. SPECIFIC-- those that apply only to
particular crimes.
USUALLY: ignominy in crimes against
chastity; or cruelty and treachery in crimes
against persons
ENUMERATED:
(1) disregard of rank, age, or sex of
offended party
(2) superior strength; or means to weaken
the defense
(3) treachery
(4) ignominy
(5) cruelty
3. QUALIFYING those that change the nature
of the crime.
EXAMPLES: Alevosia (treachery), or evident
premeditation qualifies the killing of a person
to murder
4. INHERENT those that must, of necessity,
accompany the commission of the crime.
EXAMPLE:
Evident
premeditation
is
inherent in robbery, theft, estafa, adultery, or
concubinage
DEFINITION:
1. Aggravating circumstances are those which,
if attendant in the commission of the crime,
10

DISTINCTIONS
(CODE: N-OA)
QUALIFYING
AGGRAVATING
CIRCUMSTANCE
1. It does not only

give the crime its
proper and
exclusive name,
but also places the
author thereof in
such a situation as
to deserve no
other penalty than
that specially
prescribed by law
for said crime.
2. It cannot be offset
by a an ordinary
mitigating
circumstance.
3. It must be alleged
in the information,
otherwise it is a
generic
aggravating
circumstance only.
GENERIC
AGGRAVATING
CIRCUMSTANCE
1. Its effect is to
increase the
penalty, which
should be imposed
upon the accused
without exceeding
the limit prescribed
by law.
2. It may be
compensated by a
mitigating
circumstance.
4. Must also be
alleged in the
information. (2000
Criminal Proc)
MODIFICATIONS IN THE APPLICATION

OF SOME AGGRAVATING
CIRCUMSTANCES (Acs)
(CODE: No Personal Knowledge)
1. ACs WHICH DO NOT HAVE THE EFFECT
OF INCREASING THE PENALTY. Hence,
(a) those which in themselves, constitute a
crime specially punishable by law, and (b)
those which are included by the law in
defining a crime and prescribing the penalty
therefor, shall NOT be taken into account for
the purpose of increasing the penalty (Art.
62, par. 1).
2. ACs WHICH ARE PERSONAL TO THE
OFFENDERS. Hence, those which arise: a)
from the moral attributes of the offender, or
b) from his private relations with the
offended party, or c) from any other personal
cause, shall only serve to aggravate the
liability of the principals, accomplices, and
accessories as to whom such circumstances
are ATTENDANT (Art. 62, par. 3).
3. ACs WHICH DEPEND FOR THEIR
APPLICATION UPON THE KNOWLEDGE
OF THE OFFENDERS. Hence, those which
consist 1) in the material execution of the
act, or 2) in the means employed to
accomplish it, shall serve to aggravate the
liability of those persons only who had
KNOWLEDGE of them at the time of the
execution of the act or their cooperation
therein (Art. 62, par. 4).
PARAGRAPH 1: ADVANTAGE TAKEN OF

PUBLIC POSITION (cannot be
offset
by
any
mitigating
circumstance)
1. ESSENCE: The public officer must use the
influence, prestige, or ascendancy, which his
office gives him, as the means by which he
realizes his purpose. The essence of the
matter is presented in the inquiry, Did the
accused abuse his office in order to commit
the crime?
2. NOT APPLIED: The circumstance, taking
advantage of public position cannot be taken
into consideration in offenses where taking
advantage of official position is made by law
an integral element of the crime, such as in
MALVERSATION under Art. 217, or in
FALSIFICATION
OF
DOCUMENT
COMMITTED BY PUBLIC OFFICERS
UNDER ART. 171. Also, this circumstance
is inherent in the case of ACCESSORIES
UNDER ART. 19, PAR. 3, and in CRIMES
COMMITTED BY PUBLIC OFFICERS
(FOUND IN ARTS. 204-245).
PARAGRAPH 2: CONTEMPT OR INSULT

TO PUBLIC AUTHORITIES
REQUISITES:
1. That the public authority is engaged in the
exercise of his functions.
2. That he who is thus engaged in the exercise
of said functions is NOT the person against
whom the crime is committed.
3. The offender knows him to be a public
authority.
4. His presence has not prevented the offender
from committing the criminal act.
If the crime is committed against a public

authority while he is in the performance of
his official duty, the offender commits direct
assault (Art. 148).
Knowledge that a public authority is present

is essential.
DEFINITION:
A Public Authority, sometimes also called a
person in authority, is a public officer who is
directly vested with jurisdiction, that is, a public
officer who has the power to govern and execute
the laws.
Under the decided cases, a municipal

mayor, a barangay captain, or a barrio
captain is a person in authority or a public
authority. Even a school teacher is now
considered a person in authority under CA
578.
So is a municipal councilor, a
municipal health officer, a nurse, or a BIR
agent.
However, additional persons in
authority under Art. 152 is only for purposes
11

of direct assault and resistance.

The chief of police should therefore be
considered a public authority or a person in
authority, for he is vested with jurisdiction or
authority to maintain peace and order and is
specifically duty bound to prosecute and to
apprehend violators of the laws and
municipal ordinances, more than the
aforementioned
officials
who
cannot
prosecute, and who are not even enjoined to
arrest malefactors, although they are
specifically mentioned as persons in
authority by the decided cases and by Art.
152 of the RPC as amended.
PARAGRAPH 3: DISREGARD OF RANK,

AGE, OR SEX OF OFFENDED
PARTY; OR COMMISSION IN
THE DWELLING OF THE
OFFENDED PARTY
If all the four circumstances enumerated in

this paragraph are present, they have the
weight of only one aggravating circumstance
only.
A. That the act be committed with insult

or in disregard of the respect due the
offended party on account of the
DEFINITIONS:
a. rank of the offended party. There must be a
difference in the social condition of the
offender and the offended party.
b. age of the offended party. Applies to cases
where the victim is of tender age as well as
of old age.
c. sex of the offended party. This refers to the
female sex, not to the male sex.
This circumstance (rank, age, or sex) is

applicable only in crimes against persons or
honor.
DISREGARD OF RANK, AGE, OR SEX IS NOT

AGGRAVATING IN THE FOLLOWING CASES:
a. When the offender acted with passion and
obfuscation.
b. When there exists a relationship between
the offended party and the offender.
c. When the condition of being a woman is
indispensable in the commission of the
crime. Thus, in (1) parricide, (2) abduction,
or (3) seduction, sex is not aggravating.
Is disregard of sex absorbed in treachery?

There were 2 different rulings.
1. The earlier one says, disregard of sex is
absorbed in treachery.
2. The later one says: the aggravating
circumstance of disregard of sex and
age are NOT absorbed in treachery
because treachery refers to the manner
of the commission of the crime, while

disregard for sex and age pertains to the
relationship to the victim (P v. Lapaz;
March 31, 1989)
B. That the crime be committed in the

dwelling of the offended party.
1. REASON for aggravating the commission of
the crime in ones dwelling?
a. The abuse of confidence which the
offended party reposed in the offender
by opening the door to him; or
b. The violation of the sanctity of the home
by trespassing therein with violence or
against the will of the owner.
2. DEFINITIONS
Dwelling must be a building or structure,
exclusively used for rest and comfort. It
includes dependencies, the foot of the
staircase and enclosure under the
house.
There must be NO provocation, in
order to consider this AC. By
PROVOCATION is meant, one
which is:
1. Given by the owner of the dwelling,
2. Sufficient, and
3. Immediate to the commission of the
crime.
For this circumstance to be

considered, it is NOT necessary that
the accused should have actually
entered the dwelling of the victim to
commit the offense. It is enough
that the victim was attacked inside
his own house, although the
assailant may have devised means
to perpetrate the assault from
without.
DWELLING IS NOT AGGRAVATING IN THE

FOLLOWING CASES:
a. When both offender and offended party are
occupants of the same house, even if the
offended party is a servant in the house.
BUT in adultery, it is still aggravating even if
it was also the dwelling of the unfaithful wife,
because of a very grave offense against the
head of the house. BUT the rule is again
different if both the unfaithful wife and the
paramour were living, and had the right to
live, in the same house of the offended
spouse.
b. In robbery by use of force upon things only,
because dwelling is inherent.
c. In trespass to dwelling because of same
reason.
d. When the dwelling does not actually belong
to the offended party. HOWEVER, some
decided cases considered temporary
12

dwelling as when the offended party was

(a) raped in her boarding house; (b) raped in
their paternal home where they were
sleeping as guests, etc. because the RPC
speaks of dwelling and not domicile.
PARAGRAPH 4: ABUSE OF
CONFIDENCE; OR OBVIOUS
UNGRATEFULNESS
REQUISITES:
1. That the offended party had trusted the
offender.
2. That the offender abused such trust by
committing a crime against the offended
party.
3. That the abuse of confidence facilitated the
commission of the crime; OR
4. That the act be committed with obvious
ungratefulness.
The confidence between the offender and
the offended party must be immediate and
personal.
PARAGRAPH 5: PLACES OF
COMMISSION
COMPARISON OF PAR. 2 AND PAR. 5:
PAR. 2: CONTEMPT OR
INSULT TO PUBLIC
AUTHORITIES
PAR. 5: PLACE WHERE

PUBLIC AUTHORITIES
ARE ENGAGED IN THE
DISCHARGE OF THEIR
DUTIES
1. Public authorities
1. Public authorities
are in the
performance of
their duties.
2. The public
authorities, who
are in the
performance of
their duties, must
be in their office.
3. The public
authority may be
the offended party.
are in the
performance of
their duties.
2. The public
authorities are
performing their
duties outside of
their office.
3. The public
authority should
not be the
offended party.
The place of the commission of the felony

(par. 5), if it is Malacaang palace or a
church, is aggravating, regardless of
whether State or official or religious
functions are being held. BUT there is a
decided case to the effect that the offender
must have the intention to commit a crime
when he entered the place; i.e. she must
have murder in her heart (P v. Jaurigue).
The Chief executive need not be in
Malacanang Palace. His presence alone in
any place where the crime is committed is
enough to constitute the aggravating

circumstance, even if he is not engaged in
the discharge of his duties in the place
where the crime is committed.
For the other public authorities, they must be
actually engaged in the performance of duty.
PARAGRAPH 6: NIGHTTIME;
UNINHABITED PLACE; OR
BAND
NIGHTTIME, UNINHABITED PLACE OR BAND
IS AGGRAVATING
1. When it facilitated the commission of the
crime; or
2. When it was especially sought for by the
offender to insure the commission of the
crime or for the purpose of impunity; or
3. When the offender took advantage thereof
for the purpose of impunity.
DEFINITIONS:
1. For the purpose of impunity means to
prevent his (accuseds) being recognized, or
to secure himself against detection and
punishment.
2. Nighttime is the period of darkness
beginning at the end of dusk and ending at
dawn. Nighttime by and of itself is not
necessarily aggravating. TESTS: (1) the
commission of the crime must begin and be
accomplished in the nighttime; (2) the
offense must be actually be committed in the
darkness of the night.
3. An uninhabited place is one where there
are no houses at all, a place at a
considerable distance from town, or where
the houses are scattered at a great distance
from each other. TEST (OF UNINHABITED
PLACE): But whether or not the crime is
attended by this aggravating circumstance
should be determined not by the distance of
the nearest house from the scene of the
crime, but whether or not in the place of the
commission of the offense there was a
reasonable possibility of the victim receiving
some help. TEST (OF WHETHER OR NOT
AGGRAVATING):
4. BAND --Whenever more than three armed
malefactors shall have acted together in the
commission of an offense it shall be deemed
to have been committed by a band.
Acted together-- means direct part in the

execution of the act constituting the crime.
Hence, if one of the four armed men is a
principal by inducement only, they do not
form a band, because a principal by
inducement connotes that he has no direct
participation in the perpetration thereof.
BAND IS AGGRAVATING IN: (a) crimes

against property (except in brigandage,
because it is inherent); (b) crimes against
13

persons (note rape, which is already a crime

against persons), (c) illegal detention, and;
(d) treason.
PARAGRAPH 7: ON OCCASION OF
CALAMITY OR MISFORTUNE
THE REASON for the existence of this
circumstance is found in the debased form
of criminality met in one who, in the midst of
a great calamity, instead of lending aid to the
afflicted, adds to their great suffering by
taking advantage of their misfortune to
despoil them.
PARAGRAPH 8: AID OF ARMED MEN,

ETC.
REQUISITES:
1. That armed men or persons took part in the
commission of the crime, directly or
indirectly.
2. That the accused availed himself of their aid
or relied upon them when the crime was
committed.
Exceptions:
1. This aggravating circumstance shall not be
considered when both the attacking party
and the party attacked were equally armed.
2. This aggravating circumstance is not
present when the accused as well as those
who cooperated with him in the commission
of the crime acted under the same plan and
for the same purpose.
DISTINCTIONS:
BETWEEN PAR 8 (WITH AID OF ARMED
MEN) AND PAR. 6 (BY A BAND)
By a band requires that more than three

armed malefactors shall have acted
together in the commission of an offense.
Aid of armed men is present even if one of
the offenders merely relied on their aid, for
actual aid is not necessary.
PARAGRAPH 9: RECIDIVIST
DEFINITION:
Recidivist is one who, at the time of his trial for
one crime, shall have been previously convicted
by final judgment of another crime embraced in
the same title of the Revised Penal Code.
REQUISITES:
CODE: (TriPS CONVICTED)
1. That the offender is on trial for an offense;
2. That he was previously convicted by final
judgment of another crime;
3. That both the first and the second offenses
are embraced in the same title of the Code;
4. That the offender is convicted of the new

offense.
There is no recidivism if the subsequent

conviction is for an offense committed
before the offense involved in the prior
conviction.
When one offense is punishable by an

ordinance or special law and the other by
the Revised Penal Code, recidivism cannot
be applied; the two offenses are not
embraced in the same title of the Code.
Recidivism must be taken into account as an

aggravating circumstance no matter how
many years have intervened between the
first and second felonies.
PARAGRAPH 10: REITERACION OR

HABITUALITY
REQUISITES:
CODE: (TriPLE CONVICTED)
1. That the accused is on trial for an offense;
2. That he previously served sentence for
another offense to which the law attaches an
equal or greater penalty, or for two or more
crimes to which it attaches lighter penalty
than that for the new offense.
3. That he is convicted of the new offense.
DISTINCTIONS
RECIDIVISM
REITERACION
1. It is enough that
a final judgment
has been
rendered in the
first offense.
2. Recidivism
requires that the
offenses be
included in the
same title of the
Code.
3. It is always to be
taken into
consideration in
fixing the penalty
to be imposed
upon the accused.
1. It is necessary
that the offender
shall have
served out his
sentence for the
first offense
2. The previous and
subsequent
offenses must
NOT be
embraced in the
same title of the
Code
3. It is NOT always
an aggravating
circumstance
FOUR FORMS OF REPETITION

1. Recidivism (Par. 9, Art. 14)
2. Reiteracion or habituality (Par. 10, Art. 14)
3. Multi-recidivism or habitual delinquency (Art.
62, Par. 5)
4. Quasi-Recidivism (Art. 160)
14

PARAGRAPH 11: PRICE, REWARD, OR

PROMISE
1. When this aggravating circumstance is
present, there must be two or more
principals; the one who gives or offers
the price or promise and the one who
accepts it.
2. The evidence must show that one of the
accused used money or other valuable
consideration for the purpose of
inducing another to perform the deed.
PARAGRAPH 12: BY MEANS OF

INUNDATION, FIRE, ETC.
Any of the circumstances in paragraph 12

cannot be considered to increase the
penalty or to change the nature of the
offense unless used by the offender as a
means to accomplish a criminal purpose.
PARAGRAPH 13: EVIDENT

PREMEDITATION
ESSENCE:
The essence of premeditation is that the
execution of the criminal act must be preceded
by cool thought and reflection upon the
resolution to carry out the criminal intent during
the space of time sufficient to arrive at a calm
judgment.
REQUISITES:
1. The time when the offender determined to
commit the crime;
2. An act manifestly indicating that the culprit
has clung to his determination; and
3. A sufficient lapse of time between the
determination and execution, to allow him to
reflect upon the consequences of his act
and to allow his conscience to overcome the
resolution of his will.
CRAFT DISTINGUISHED FROM FRAUD

When there is a direct inducement by insidious
words or machinations, fraud is present;
otherwise, the act of the accused done in order
not to arouse the suspicion of the victim
constitutes craft.
PARAGRAPH 15: SUPERIOR STRENGHT;

OR MEANS TO WEAKEN
DEFENSE
1. Superior Strength-- To take advantage of
superior strength means to use purposely,
excessive force out of proportion to the
means of defense available to the person
attacked.
The aggravating circumstance of abuse of
superior strength depends on the age, size,
and strength of the parties.
TEST: It is considered whenever there is a
notorious inequality of forces between the
victim and aggressor, assessing a
superiority
of
strength
notoriously
advantageous for the aggressor, which is
selected or taken advantage of by him in the
commission of the crime.
2. Means to weaken the defense-- The
offender employs means to materially
weaken the resisting power of the offended
party.
PARAGRAPH 16: TREACHERY

MEANING OF TREACHERY:
1. There is treachery when the offender
commits any of the crimes against the
person, employing means, methods or forms
in the execution thereof which tend directly
and specially to insure its execution, without
risk to himself arising from the defense
which the offended party might make.
CONSPIRACY GENERALLY
PRESUPPOSES PREMEDITATION,
EXCEPTION: But when conspiracy is only
implied, the evident premeditation may not
be appreciated from the mere conspiracy.
PARAGRAPH 14: CRAFT, FRAUD, OR

DISGUISE
DEFINITIONS:
1. Craft involves the use of intellectual
trickery or cunning on the part of the
accused.
2. Fraud involves the use of insidious
words and machination, used to induce
the victim to act in a manner, which
would enable the offender to carry out
his design.
3. Disguise involves resort to any device in
order to conceal identity.
The
characteristic
and
unmistakable
manifestation of treachery is the deliberate,
sudden and unexpected attack of the victim,
without any warning, and without giving him
an opportunity to defend himself, or repel
the initial assault.
2. Treachery means that the offended party

was not given opportunity to make a
defense.
Killing a child is characterized by treachery,

because the weakness of the victim due to
his tender age results in the absence of any
danger to the accused.
SOME RULES ON TREACHERY:

CODE: (P-ICTAN)
1. Applicable only to crimes against the
persons
2. Means, methods, or forms need not insure
accomplishment of crime.
15

3. The mode of attack must be consciously

adopted.
4. Must be present at the proper time.
SUMMARY OF THE RULES ON WHEN
TREACHERY MUST BE PRESENT:
a) When the aggression is continuous,
treachery must be present in the
beginning of the assault;
b) When the assault was not
continuous in that there was an
interruption, it is sufficient that
treachery was present at the
moment the fatal blow was given.
5. Treachery absorbs abuse of superior
strength, aid of armed men, by a band and
means to weaken the defense.
6. Nighttime forms part, of the peculiar
treacherous means and manner adopted to
insure the execution of the crime.
(Note: there is need to establish the manner by
which offender attacked the victim. There is no
presumption of aggravating circumstance, more
so if qualifying)
PARAGRAPH 17: IGNOMINY

DEFINITIONS:
1. Ignominya circumstance pertaining to the
moral order, which adds disgrace and
obloquy to the material injury caused by the
crime.
2. It must tend to make the effects of the crime
more humiliating or to put the offended party
to shame.
WHERE APPLICABLE:
This aggravating circumstance is applicable to
(a) crimes against chastity, (b) less serious
physical injuries, (c) light or grave coercion, (d)
and murder.
PARAGRAPH 18: UNLAWFUL ENTRY

There is unlawful entry when an entrance is
effected by a way not intended for the
purpose. It must be a means to effect
entrance and not for escape.
PARAGRAPH 19: BY BREAKING WALL,

ETC.
To be considered as an aggravating
circumstance, breaking the door must be
utilized as a means to the commission of the
crime.
PARAGRAPH 20: AID OF MINOR (UNDER

15 YEARS); OR BY MEANS
OF MOTOR VEHICLES, ETC.
TWO DIFFERENT CIRCUMSTANCES ARE
GROUPED IN THIS PARAGRAPH.
The first one tends to repress the frequent
practice resorted to by professional criminals to
avail themselves of minors taking advantage of
their irresponsibility; while the second one is
intended to counteract the great facilities found
by modern criminals in said means to commit

crime, and then flee and abscond once the
same is committed.
PARAGRAPH 21: CRUELTY

ESSENCE:
THERE IS CRUELTY when the culprit enjoys
and delights in making his victim suffer slowly
and gradually, causing him unnecessary
physical pain in the consummation of the
criminal act.
REQUISITES:
1. That the injury caused be deliberately
increased by causing other wrong;
2. That the other wrong be unnecessary for the
execution of the purpose of the offender.
For cruelty to be aggravating, it is essential

that the wrong done was intended to
prolong the suffering of the victim, causing
him unnecessary moral and physical pain.
Ignominy (par. 17) involves moral suffering,

while cruelty (par. 21) refers to physical
suffering.
ART. 15 ALTERNATIVE
CIRCUMSTANCES
DEFINITION:
Alternative circumstances are those, which must
be taken into consideration as aggravating or
mitigating, according to the nature and effects of
the crime and the other conditions attending its
commission.
THE ALTERNATIVE CIRCUMSTANCES ARE:
1. Relationship
2. Intoxication
3. Degree of instruction and education of the
offender
1. RELATIONSHIP-The alternative circumstance of relationship
shall be taken into consideration when the
offended party is the
CODE: (SADBA)
1. spouse
2. ascendant
3. descendant
4. legitimate, natural or adopted brother or
sister, or relative by affinity in the same
degree, of the offender.
The relationship of stepfather or stepmother

and stepson or stepdaughter is included by
analogy to that of ascendant and
descendant.
16

WHEN MITIGATING
AND WHEN AGGRAVATING:
The law is silent as to when mitigating and when
aggravating.
1. MITIGATING: As a rule, relationship is
mitigating in crimes against property, by
analogy to Art. 332 regarding Persons
exempt from criminal liability. OF COURSE
in view of Art. 332, when the crime
committed is: (a) theft, (b) estafa, or (c)
malicious
mischief,
relationship
is
exempting, and not merely mitigating.
2. AGGRAVATING. It is aggravating in crimes
against persons in cases where the
offended is a relative of a higher degree
than the offender, or when the offender and
the offended party are relatives of the same
level, such killing a brother-in-law, a halfbrother, or an adopted brother.
In crimes against chastity, relationship is

always aggravating, regardless of whether
the offender is a relative of a higher or lower
degree of the offended party.
However, relationship is neither mitigating

nor aggravating, when relationship is an
element of the offense.
2. INTOXICATION-By state of intoxication is meant that the

offenders mental faculties must be affected by
drunkenness.
WHEN MITIGATING
AND WHEN AGGRAVATING:
1. Mitigating, if intoxication is (1) not habitual,
or 2) not subsequent to the plan to commit a
felony. (He is not already conscious of his
doing) consider the effect
2. Aggravating if intoxication is 1) habitual, or
2) if it is intentional (subsequent to the plan
to commit a felony).
3.
DEGREE
OF
INSTRUCTION
AND
EDUCATION OF THE OFFENDER- Low degree of instruction and education or
lack of it is generally mitigating.
High
degree of instruction and education is
aggravating, when the offender availed
himself of his learning in committing the
crime.
Lack of instruction or low degree of it, is
appreciated as mitigating circumstance in
almost all crimes. EXCEPT in crimes, which
are inherently wrong, of which every rational
being is endowed to know and feel.
ART. 16. PERSONS WHO ARE

CRIMINALLY LIABLE
GRAVE AND LESS GRAVE FELONIES:

1.
2.
3.
Principals
Accomplices
Accessories
LIGHT FELONIES:
1.
2.
Principals
Accomplices
The treble division of persons criminally

liable rests upon the very nature of their
participation.
The classification of the offenders as

principal, accomplice, or an accessory is
true only under the RPC but not in the
special laws because the penalties under
the latter are never graduated
RULES RELATIVE TO LIGHT FELONIES

1. Punishable only when they have been
consummated. EXCEPT when committed
against persons or property, in which case
they are also punishable even if they were
only in the attempted or frustrated stage.
2. There are no accessories even if they are
committed against persons or property.
TWO PARTIES IN ALL CRIMES

1. ACTIVE subject (the criminal)
3. PASSIVE subject (the injured party)
As a rule, only natural persons can be the active
subjects of a crime because the RPC requires
that the culprit should have acted with personal
malice or negligence. A juridical person cannot
act with malice or negligence.
ART. 17. PRINCIPALS

KINDS OF PRINCIPALS
1. PRINCIPAL BY DIRECT PARTICIPATION personally takes part in the execution of the
act constituting the crime
REQUISITES:
1. That they participated in the criminal
resolution
2. That they carried out their plan and
personally took part in its execution by
acts which directly tended to the same
end
2. PRINCIPAL BY INDUCTION - the principal
by induction becomes liable only when the
principal by direct participation committed
the act induced.
TWO WAYS OF BECOMING A PRINCIPAL
BY INDUCTION:
17

1. directly forcing another to commit a

crime, or
2. directly inducing another to commit a
crime
Two ways of directly forcing another to
commit a crime:
1. by using irresistible force
2. by causing uncontrollable fear
inducement to
commit a crime
2. Becomes liable
only when the
crime is
committed by the
principal by
direct
participation
Two ways of directly inducing another to

commit a crime:
1. by giving price, or offering reward or
promise
2. by using words of command
REQUISITES (Principal by inducement,
through giving price, etc): In order that a
person maybe convicted as a principal
by inducement, the following requisites
must be present--1. that the inducement be made
directly with the intention of
procuring the commission of the
crime; and
2. that such inducement be the
determining
cause
of
the
commission of the crime by the
material executor
REQUISITES (Principal by inducement,
through words of command): In order
that a person using words of command
maybe held liable, the following
requisites must be present--1. that the one uttering the words of
command must have the intention of
procuring the commission of the
crime
2. that the one who made the
command
must
have
an
ascendancy or influence over the
person who acted
3. that the words used must be so
direct, so efficacious, so powerful as
to amount to physical or moral
coercion
4. the words of command must be
uttered prior to the commission of
the crime
5. the material executor of the crime
has no personal reason to commit
the crime
DISTINCTIONS
Principal by
Inducement
1. There is an
Offender who made

Proposal to Commit
a Felony
1. There is an
3. Inducement
involves any
crime.
inducement to
commit a crime
2. The mere
proposal to
commit a felony
is punishable in
treason or
rebellion; the
person to whom
the proposal is
made should not
commit the
crime, otherwise,
the proponent
becomes a
principal by
inducement
3. The proposal
must involve only
treason or
rebellion
EFFECT OF ACQUITTAL OF ONE OF THE

CO-CONSPIRATORS TO THE OTHER COCONSPIRATORS:
As a rule, the acquittal of one of the coconspirators redounds to the benefit of the other
co-conspirators EXCEPT when the acquittal is
due to circumstances personal to the accused,
like exempting circumstances
3. PRINCIPALS
BY
INDISPENSABLE
COOPERATION
REQUISITES:
1. participation in the criminal resolution,
that is, there is either anterior
conspiracy or unity of criminal purpose
and intention immediately before the
commission of the crime charged; and
2. cooperation in the commission of the
offense by performing another act,
without which it would not have been
accomplished
COLLECTIVE CRIMINAL
RESPONSIBILITY
There is collective criminal responsibility when
the offenders are criminally liable in the same
manner and to the same extent. The penalty to
be imposed must be the same for all.
INDIVIDUAL CRIMINAL RESPONSIBILITY

In the absence of previous conspiracy, unity of
criminal purpose, and intention, immediately
before the commission of the crime, or
community of criminal design, the criminal
responsibility arising from different acts directed
against one and the same person is individual
and not collective, and each of the participants is
liable only for the act committed by him
18

ART. I8. ACCOMPLICES

REQUISITES:
CODE:
(COMMUNITY COOPERATES
previous supply RELATION)
1. That there be community of design; that is,
knowing the criminal design of the principal
by direct participation, he concurs with the
latter in his purpose;
2. That he cooperates in the execution of the
offense by previous or simultaneous acts,
with the intention of supplying material or
moral aid in the execution of the crime in an
efficacious way; and
3. That there be a relation between the acts
done by the principal and those attributed to
the person charged as accomplice.
The complicity, which is penalized, requires

a certain degree of cooperation whether
moral, through advice, encouragement, or
agreement, or material, through external
acts.
The responsibility of the accomplice is to be

determined by acts of aid and assistance,
either prior to or simultaneous with the
commission of the crime, rendered
knowingly for the principal therein, and not
by the mere fact of having been present at
its execution.
ART. 19. ACCESSORIES

1. An accessory must have knowledge of the
commission of the crime and having
knowledge he took part subsequent to its
commission
2. To convict an accessory, the crime
committed by the principal must be proved
beyond reasonable doubt
SPECIFIC ACTS OF ACCESSORIES:

(CODE: PROFIT, CONCEAL, HARBOR)
1. By profiting themselves or assisting the
offender to profit by the effects of the crime
2. By concealing or destroying the body of the
crime to prevent its discovery
3. By harboring, concealing or assisting in the
escape of the principal of the crime
2 CLASSES OF ACCESSORIES ARE
CONTEMPLATED IN PAR. 3 OF ART. 19
(i.e., HARBORING, etc):
(a) Public officers who harbor, conceal or
assist in the escape of the principal of
any crime (not light felony) with abuse of

his functions
()b
Private persons who harbor,
conceal or assist in the escape of the
author of the crime guilty of treason,
parricide, murder, or an attempt against
the life of the President, or who is known
to be habitually guilty of some other
crime
The accomplice and the accessory may

be tried and convicted even before the
principal is found guilty.
The liability of the accused will depend
on the quantum of evidence adduced by
the prosecution against the particular
accused.
ACCESSORY DISTINGUISHED FROM

PRINCIPAL AND FROM ACCOMPLICE
1. The accessory does not take part or
cooperate in, or induce, the commission of
the crime.
2. The accessory does not cooperate in the
commission of the offense by acts prior
thereto or simultaneous therewith.
3. The participation of the accessory in all
cases always takes place after the
commission of the crime
ART. 20. ACCESSORIES WHO ARE

EXEMPT FROM CRIMINAL LIABILITY
SITUATIONS WHERE ACCESSORIES ARE
NOT CRIMINALLY LIABLE:
1. When the felony committed is a light felony;
and
2. When the accessory is related to the
principal as spouse, or as an ascendant, or
descendant or as a brother or sister,
whether legitimate, natural, or adopted, or
where the accessory is a relative by affinity
within the same degree, unless the
accessory himself profited from the effects
or proceeds of the crime or assisted the
offender to profit thereon.
PENALTIES
DEFINITION:
Penalty is the suffering that is inflicted by the
State, for the transgression of a law; in its
general sense, it signifies pain.
Different juridical conditions of penalty:
1. productive of suffering, without however
affecting the integrity of the human
personality
2. commensurate with the offense different
crimes must be punished with different
penalties
19

3. personal no one should be punished for

the crime of another
4. legal it is the consequence of a judgment
according to law
5. certain no one may escape its effects
6. equal for all
7. correctional
Theories justifying penalty:
1. Self-defense the State has a right to
punish the criminal as a measure of selfdefense, so as to protect society from the
threat and wrong inflicted by the criminal
2. Reformation the object of punishment in
criminal cases is to correct and reform the
offender
3. Exemplarity the criminal is punished to
serve as an example to deter others from
committing crimes
4. Justice that crime must be punished by the
State as an act of retributive justice, a
vindication of absolute right and moral law
violated by the criminal
THREE-FOLD PURPOSE OF THE

PENALTY UNDER THE RPC:
1. Retribution or expiation the penalty is
commensurate with the gravity of the
offense
2. Correction or reformation- as shown by the
rules which regulate the execution of the
penalties consisting in deprivation of liberty
3. Social defense shown by its inflexible
severity to
recidivists
and habitual
delinquents
ART. 22. RETROACTIVE EFFECT OF

PENAL LAWS
GENERAL RULE IS TO GIVE CRIMINAL LAWS
PROSPECTIVE EFFECT. EXCEPTION when
favorable to the accused who is not a habitual
criminal
AN EX POST FACTO LAW IS ANY ONE
WHICH:
CODE: (CAPE Civil Protection)
1. makes criminal an act done before the
passage of the law, and which was innocent
when done, and punishes such an act;
2. aggravates a crime, or makes it greater than
it was, when committed;
3. changes the punishment and inflicts a
greater punishment than the law annexed to
the crime when committed;
4. alters the legal rules of evidence, and
authorizes conviction upon less or different
testimony that the law required at the time of
the commission of the offense;
5. assuming to regulate civil rights and
remedies only, in effect imposes penalty or
deprivation of a right for something which

when done was lawful; and
6. deprives a person accused of a crime of
some lawful protection to which he has
become entitled, such as the protection of a
former conviction or acquittal, or a
proclamation of amnesty
ART. 23. EFFECT OF PARDON BY

THE OFFENDED PARTY
As a rule, a pardon by the offended party does
not extinguish criminal action, except as
provided under Art. 344 of RPC.
Two classes of injuries caused by an offense:
1. Social injury, produced by the disturbance
and alarm, which are the outcome of the
offense.
This is repaired through the
imposition of the corresponding penalty.
The State has an interest in this class of
injury so the offended party cannot pardon
the offender so as to relieve him of the
penalty.
2. Personal injury, caused to the victim of the
crime, who suffered damage either to his
person, to his property, to his honor, or to
her chastity.
This is repaired through
indemnity, which is civil in nature. The
offended party may waive it and the state
has no reason to insist on its payment.
ART. 24. MEASURES OF

PREVENTION OR SAFETY WHICH
ARE NOT CONSIDERED PENALTIES
THE FOLLOWING ARE NOT
CONSIDERED PENALTIES:
1. The arrest and temporary detention of
accused persons, as well as their detention
by reason of insanity or imbecility or illness
requiring their confinement in a hospital;
2. The commitment of a minor to any of the
institutions mentioned in Art. 80 (now
PD603) for the purposes specified therein;
3. Suspension from the employment or public
office during the trial or in order to institute
proceedings;
4. Fines and other corrective measures which,
in the exercise of their administrative
disciplinary powers, superior officials may
impose upon their subordinates; and
5. Deprivation of rights and reparations which
the civil laws may establish in penal form.
ART. 25. PENALTIES WHICH MAY BE

IMPOSED
20

CLASSIFICATION OF PENALTIES:
1. Principal penalties those expressly
imposed by the court in the judgment of
conviction
2. Accessory penalties those that are
deemed included in the imposition of the
principal penalties
EXCEPT; when any or both such rights is or

are expressly restored by the terms of the
pardon.
2. It shall not exempt the culprit from the
payment of the civil indemnity.
LIMITATIONS UPON THE EXERCISE OF

THE PARDONING POWER
1. That the power can be exercised only after
conviction
2. That such power does not extend to cases
of impeachment
This article classifies penalties according to their

gravity:
1. Capital
2. Afflictive
3. Correctional
4. Light
This corresponds to the classification of felonies
according to their gravity under Art. 9:
1. Grave
2. Less grave
3. Light
ART. 29. PERIOD OF PREVENTIVE

IMPRISONMENT DEDUCTED FROM
TERM OF IMPRISONMENT
OFFENDERS NOT ENTITLED TO THE
FULL TIME OR FOUR-FIFTHS OF THE
TIME OF PREVENTIVE IMPRISONMENT:
1. Recidivists or those convicted previously
twice or more times of any crime.
A habitual delinquent is not entitled to the full

time or 4/5 of the time of preventive
imprisonment,
because
a
habitual
delinquent is necessarily a recidivist or that
at least he has been convicted previously
twice or more times of any crime.
2. Those who upon being summoned for the

execution of their sentence, failed to
surrender voluntarily
Note that paragraph No. 2 does not refer to

failure to surrender voluntarily after
commission of the crime. It says: when
upon being summoned for the execution of
their sentence.
ART. 36. PARDON; ITS EFFECTS

EFFECTS OF PARDON BY THE
PRESIDENT
1. A pardon shall not restore the right to hold
public office or the right of suffrage.
DISTINCTIONS
CODE: (EPAA)
Pardon by the
Pardon by the
Chief Executive
Offended Party
1. Extinguishes the
criminal liability
of the offender
2. Cannot include
civil liability
which the
offender must
pay
3. Granted only
AFTER
CONVICTION,
and may be
extended to any
of the offenders
1.
Does NOT
extinguish the
criminal liability
of the offender
2. Offended party
can waive the civil
liability which the
offender must pay
3.
Pardon
should be given
BEFORE THE
INSTITUTION of
criminal
prosecution, and
must extend to
both offenders
ART. 37. COSTS WHAT ARE

INCLUDED
The following are included in costs:
1. Fees, and
2. Indemnities, in the course
proceedings
of
judicial
ART. 38. PECUNIARY LIABILITIES

ORDER OF PAYMENT
The pecuniary liabilities of persons criminally
liable are the following:
1. The reparation of the damage caused.
2. Indemnification
of
the
consequential
damages.
3. Fine.
4. Costs of proceedings.
WHEN IS ARTICLE 38 APPLICABLE?
In case the property of the offender should not
be sufficient for the payment of all his pecuniary
21

liabilities, the order of payment is provided in this

article.
DEATH PENALT Y SHALL NOT BE

IMPOSED
ART. 39. SUBSIDIARY PENALTY
DEATH PENALTY IS NOT IMPOSED IN

THE FOLLOWING CASES
1. A subsidiary penalty is a subsidiary personal

liability to be suffered by the convict who has
no property with which to meet the fine.
2. There is no subsidiary penalty for nonpayment of damages to the offended party.
ART. 45. CONFISCATION AND

FORFEITURE OF THE PROCEEDS
OR INSTRUMENTS OF THE CRIME
OUTLINE OF THE PROVISION OF THIS
ARTICLE:
1. Every penalty imposed carries with it the
forfeiture of the proceeds of the crime and
the instruments or tools used in the
commission of the crime
2. The proceeds and instruments or tools of
the crime are confiscated and forfeited in
favor of the Government
3. Property of a third person who is not liable
for the offense, is not subject to confiscation
and forfeiture
4. Property not subject of lawful commerce
(whether it belongs to the accused or to a
third person) shall be destroyed
APPLICATION OF PENALTIES
ART. 46. PENALTY TO BE IMPOSED
UPON PRINCIPALS IN GENERAL
1. General rule: The penalty prescribed by law
in general terms shall be imposed upon the
principals for a consummated felony.
2. Except: When the penalty to be imposed
upon the principal in frustrated or attempted
felony is fixed by law.
GRADUATION OF PENALTIES:
1. BY DEGREES refers to (1) the stages of
execution (consummated, frustrated, or
attempted); and (2) the degree of the
criminal participation of the offender
(whether as principal, accomplice, or
accessory).
2. BY PERIODS refers to the proper period of
the penalty which should be imposed when
aggravating or mitigating circumstances
attend the commission of the crime
ART. 47. IN WHAT CASES THE
1. UNDER AGE. When the offender is below

18 years of age at the time of the
commission of the crime.
2. OVER AGE. When the guilty person is more
than seventy (70) years of age
3. NO COURT MAJORITY. When upon appeal
or automatic review of the case by the
Supreme Court, the vote of eight members
is not obtained for the imposition of the
death penalty.
CRIMES PUNISHABLE BY DEATH

UNDER RA 7659
CODE:
(MURDER CARNAPPING TRIPP QQD PARK)
1. Murder
2. Carnapping
3. Treason
4. Rape
5. Infanticide
6. Plunder
7. Parricide
8. Qualified Piracy
9. Qualified Bribery
10. Violation of Certain provisions of the
Dangerous Drugs Act
11. Piracy in general and Mutiny on the High
Seas or in the Philippines Waters
12. Destructive Arson
13. Robbery
with
Violation
Against
or
Intimidation of Persons
14. Kidnapping and Serious Illegal Detention
ART. 48. COMPLEX CRIMES

CONCEPT:
1. In complex crime, although two or more
crimes are actually committed, they
constitute only one crime in the eyes of the
law as well as in the conscience of the
offender.
2. The offender have only one criminal intent,
hence there is only one penalty imposed for
the commission of a complex crime
TWO KINDS OF COMPLEX CRIMES:

1. COMPOUND CRIME a single act
constitutes two or more grave or less grave
felonies.
REQUISITES:
1. That only a single act is performed
by the offender;
2. That the single act produces: (1)
two or more grave felonies, or (2)
one or more grave and one or more
less grave felonies, or (3) two or
22

more less grave felonies.

2. COMPLEX CRIME PROPER an offense
is a necessary means for committing the
other.
REQUISITES:
1. That at least two offenses are
committed;
2. That one or some of the offenses
must be necessary to commit the
other;
3. That both or all of the offenses must
be punished under the same
statute.
NO COMPLEX CRIME IN THE

FOLLOWING CASES
CODE: (CCIS)
1. In case of a continued crime
2. When one offense is committed to conceal
the other.
3. When the other crime is an indispensable
part or an element of the other offense.
4. Where one of the offenses is penalized by a
special law
PLURALITY OF CRIMES
DEFINITION:
Plurality of Crimes-- consists in the successive
execution, by the same individual, of different
criminal acts, upon any of which no conviction
has yet been declared
KINDS:
1. FORMAL OR IDEAL PLURALITY
only ONE CRIMINAL LIABILITY.
THREE GROUPS
UNDER THE FORMAL TYPE:
a. When the offender commits any of
the complex crimes in Art. 48.
b. When the law specifically fixes a
single penalty for two or more
offenses committed.
c. When
the
offender
commits
continued crimes
2. REAL OR MATERIAL PLURALITY
DIFFERENT CRIMES in law, as well as in
the conscience of the offender; the offender
shall be PUNISHED FOR EACH and every
offense that he committed.
In recidivism, there must be conviction by

final judgment of the first or prior offense; in
plurality of crimes, there is no conviction of
any of the crimes committed
CONTINUED CRIME
CONTINUED CRIME is a single crime,

consisting of a series of acts, but all arising from
ONE CRIMINAL RESOLUTION; length of time in
the commission is immaterial.
COMPARISON
Real or Material
Continued Crime
Plurality
1. There is a series
of acts
performed by the
offender
2. Each act
performed by the
offender
constitutes a
separate crime,
each act is
generated by a
criminal impulse
1. There is a series
of acts
performed by the
offender
2. The different acts
constitute only
one crime, all of
the acts
performed arise
from one criminal
resolution

IN CASE OF FAILURE TO COMMIT
THE CRIME BECAUSE THE MEANS
EMPLOYED OR THE AIMS SOUGHT
ARE IMPOSSIBLE
BASIS FOR THE IMPOSITION OF PROPER
PENALTY:
1. Social danger; and
2. Degree of criminality shown by the offender
ART. 61. RULES OF GRADUATING

PENALTIES
According to Arts. 50-57, the penalty prescribed
by law for the felony shall be lowered by one or
two degrees, as follows:
1. For the principal in frustrated felony one
degree lower;
2. For the principal in attempted felony two
degrees lower;
3. For the accomplice in consummated felony
one degree lower;
4. For the accessory in consummated felony
two degrees lower;
DIAGRAM OF THE APPLICATION OF

ARTS. 50 TO 57:
Prin
Accom
Access
CONSU
FRUST
ATTEM
0
1
2
1
2
3
2
3
4
DEFINITION:
23

In this diagram, O represents the penalty

prescribed by law in defining a crime, which is to
be imposed on the principal in a consummated
offense, in accordance with the provisions of Art.
64. The other figures represent the degrees to
which the penalty must be lowered, to meet the
different situations anticipated by law.
ART. 62. EFFECTS OF THE

ATTENDANCE OF MITIGATING OR
AGGRAVATING CIRCUMSTANCES
AND OF HABITUAL DELINQUENCY
EFFECT OF THE ATTENDANCE OF
AGGRAVATING OR MITIGATING
CIRCUMSTANCES OR OF HABITUAL
DELINQUENCY:
1. Aggravating circumstances (generic and
specific) have the effect of increasing the
penalty, without however exceeding the
maximum period provided by law
2. Mitigating circumstances have the effect of
diminishing the penalty
3. Habitual delinquency has the effect, not only
of increasing the penalty because of
recidivism which is generally implied in
habitual delinquency, but also of imposing
an additional penalty
REQUISITES OF HABITUAL DELINQUENCY:
CODE:
(Convicted-CommittedConvicted-CommittedConvicted)
1. that the offender had been convicted of any

of the crimes of serious or less serious
physical injuries, robbery, theft, estafa or
falsification (CODE: FRETSL)
2. that after conviction or after serving his
sentence, he again committed, and, within
10 years from his release or first conviction,
he was again convicted of any of the said
crimes for the second time
3. that after his conviction of, or after serving
sentence for the second offense, he again
committed, and, within 10 years from his last
release or last conviction, he was again
convicted of any of said offenses, the third
time or oftener.
DISTINCTIONS
Habitual
Delinquency
1.
As to the
CRIMES
committed
1.
The crimes are

specified
Recidivism
1.
It is sufficient
that the
accused on the
date of his trial,
shall have
been
previously
convicted by
final judgment
of another
crime
embraced in
the same title
No period of
time between
the former
conviction and
the last
conviction
2.
As to the
PERIOD of
time the
crimes are
committed
2.
The offender is
found guilty within
ten years from his
last release or last
conviction
2.
3.
As to the
NUMBER of
crimes
committed
3.
The accused must

be found guilty the
third time or oftener
of the crimes
specified
3.
The second
offense for an
offense found
in the same
title
4.
As to their
EFFECTS
4.
An additional
penalty is also
imposed
4.
If not offset by
a mitigating
circumstance,
serves to
increase the
penalty only to
the maximum
ART. 64. RULES FOR THE

APPLICATION OF PENALTIES,
WHICH CONTAIN THREE PERIODS
CASES IN WHICH MITIGATING AND
AGGRAVATING CIRCUMSTANCES ARE
NOT CONSIDERED IN THE IMPOSITION
OF PENALTY:
1. When the penalty is single and indivisible
2. In felonies through negligence
3. The penalty to be imposed upon a Moro or
other non-Christian inhabitants
4. When the penalty is only a fine imposed by
an ordinance
5. When the penalties are prescribed by
special laws
ART. 66. IMPOSITION OF FINES

OUTLINE OF THE PROVISION:
1. The court can fix any amount of the fine
within the limits established by law.
2. The court must consider: (1) the mitigating
and aggravating circumstances; and (2)
more particularly, the wealth or means of the
culprit.
3. The court may also consider: (1) the gravity
of the crime committed; (2) the heinousness
of its perpetration; and (3) the magnitude of
its effects on the offenders victims.

UPON A PERSON UNDER EIGHTEEN
YEARS OF AGE
APPLICATION OF ART. 68:
24

1. This article is not immediately applicable to

a minor under 18 years of age, because
such minor, if found guilty of the offense
charged, is not sentenced to any penalty.
The sentence is suspended and he is
ordered committed to the reformatory
institution, IF, his application therefor is
approved by the court.
2. This article applies to such minor if his
application for suspension of sentence is
DISAPPROVED OR if while in the
reformatory
institution
he
becomes
INCORRIGIBLE, in which case he shall be
returned to the court for the imposition of the
proper penalty.
ART. 70. SUCCESSIVE SERVICE OF

SENTENCE
THE THREE-FOLD RULE
1. THE MAXIMUM DURATION OF THE
CONVICTS SENTENCE shall not be more
than three times the length of time
corresponding to the most severe of the
penalties imposed upon him.
2. But in no case to exceed 40 years.
3. This rule shall apply only when the convict is
to serve 4 or more sentences successively.
4. Subsidiary penalty forms part of the penalty.
DIFFERENT SYSTEMS OF PENALTY,

RELATIVE TO THE EXECUTION OF TWO
OR MORE PENALTIES IMPOSED ON
ONE AND THE SAME ACCUSED
1. material accumulation system
No limitation whatever, and accordingly, all
the penalties for all the violations were
imposed even if they reached beyond the
natural span of human life.
2. juridical accumulation system
Limited to not more than three-fold the
length of time corresponding to the most
severe and in no case to exceed 40 years.
3. absorption system
The lesser penalties are absorbed by the
graver penalties.
ART. 72. PREFERENCE IN THE

PAYMENT OF CIVIL LIABILITIES
Civil liability is satisfied, by following the
chronological order of the dates of the final
judgments.
ART. 77. WHEN THE PENALTY IS A

COMPLEX ONE COMPOSED OF
THREE DISTINCT PENALTIES
DEFINITION:
A complex penalty is a penalty prescribed by law

composed of three distinct penalties, each
forming a period: the lightest of them shall be
the minimum, the next the medium, and the
most severe the maximum period.
INDETERMINATE
SENTENCE LAW
Act No. 4103 as amended by Act No. 4225
CONCEPT:
INDETERMINATE SENTENCE is a sentence
with a minimum term and a maximum term
which, the court is mandated to impose for the
benefit of a guilty person who is not disqualified
therefor, when the maximum imprisonment
exceeds one (1) year. It applies to both
violations of Revised Penal Code and special
penal laws.
A. SENTENCE IN THE I.S.LAW

In imposing a prison sentence for an offense
punished by the Revised Penal Code or special
penal laws, the court shall sentence the accused
to an indeterminate sentence, which has a
maximum and a minimum term based on the
penalty actually imposed.
ISLAW Application is mandatory, where

imprisonment would exceed one year.
I.
IF THE PENALTY IS IMPOSED BY THE

RPC:
a. The Maximum Term is that which could
be properly imposed under the RPC,
considering the aggravating and mitigating
circumstances,
b. The Minimum Term is within the range
of the penalty one degree lower than that
prescribed by the RPC, without considering
the circumstances,
BUT when there is a privileged

mitigating circumstance, so that the
penalty has to be lowered by one
degree, the STARTING POINT for
determining the minimum term of the
indeterminate penalty is the penalty next
lower than that prescribed by the Code
for the offense.
II. IF THE PENALTY IS IMPOSED BY ANY

OTHER LAW (MEANING, A SPECIAL
PENAL LAW)
a. The Maximum Term must not exceed
the maximum term fixed by said law,
b. The Minimum Term must not be less
than the minimum term prescribed the
25

same.
SIMPLY for special laws, it is anything

within the inclusive range of the
prescribed penalty. Courts are given
discretion and the circumstances are not
considered.
B. WHEN BENEFIT OF THE ISLAW IS

NOT APPLICABLE
The Indeterminate Sentence Law shall not apply
to the following persons:
1. sentenced to death penalty or life
imprisonment
2. treason, or conspiracy or proposal to commit
treason
3. misprision of treason, rebellion, sedition or
espionage
4. piracy
5. habitual delinquents
6. escaped from confinement, or evaded
sentence
7. granted with conditional pardon by the
President, but violated the terms thereof
8. maximum term of imprisonment do not
exceeding 1 year
9. sentenced to the penalty of destierro or
suspension only
C. RELEASE OF THE PRISONER ON

PAROLE
The Board of Pardons and Parole may authorize
the release of a prisoner on parole, after he shall
have served the minimum penalty imposed on
him, provided that:
a. Such prisoner is fitted by his training for
release,
.b There is reasonable probability that he will
live and remain at liberty without violating
the law,
.c Such release will not be incompatible with
the welfare of society.
D. ENTITLEMENT TO FINAL RELEASE

AND DISCHARGE
If during the period of surveillance such paroled
prisoner shall: (a) show himself to be a lawabiding citizen and, (b) shall not violate any law,
the Board may issue a final certification of
release in his favor, for his final release and
discharge.
E. SANCTION FOR VIOLATION OF

CONDITIONS OF THE PAROLE
When the paroled prisoner shall violate any of
the conditions of his parole: (a) the Board may
issue an order for his arrest, and thereafter, (b)
the prisoner shall serve the remaining unexpired
portion of the maximum sentence for which he
was originally committed to prison.
F. REASONS FOR FIXING THE MAXIMUM

AND
MINIMUM
TERMS
IN
THE
INDETERMINATE SENTENCE
The minimum and the maximum terms in the IS
must be fixed, because they are the basis for the
following:
1. Whenever a prisoner has: (a) served the
MINIMUM penalty imposed on him, and (b) is
fit for release as determined by the Board of
Indeterminate Sentence, such Board may
authorize the release of the prisoner on
parole, upon terms and conditions prescribed
by the Board.
2. But when the paroled prisoner violates any of
the conditions of his parole during the period
of surveillance, he may be rearrested to
serve the remaining unexpired portion of the
MAXIMUM sentence.
3. Even if a prisoner has already served the
MINIMUM, but he is not fitted for release on
parole, he shall continue to serve until the
end of the MAXIMUM term.
THE CHILD AND YOUTH

WELFARE CODE
1. The purpose of Arts. 189 and 192 of the
Child and Youth Welfare Code is to avoid a
situation where JUVENILE OFFENDERS
would commingle with ordinary criminals in
prison.
2. If the court finds that the youthful offender
committed the crime charged against him, it
shall DETERMINE the imposable penalty
and the civil liability chargeable against him.
3. The court may not pronounce judgment of
conviction and SUSPEND all further
proceedings if, upon application of the
youthful offender, it finds that the best
interest of the public and that of the offender
will be served thereby.
4. The benefits of Article 192 of PD 603, as
amended, providing for suspension of
sentence, shall NOT APPLY TO (1) a
youthful offender who once enjoyed
suspension of sentence under its provisions,
or (2) one who is convicted of an offense
punishable by death or life imprisonment.
5. The youthful offender shall be RETURNED
to
the
committing
court
for
the
pronouncement of judgment, when the
youthful offender (1) has been found
incorrigible; or (2) has willfully failed to
comply with the conditions of his
rehabilitation programs; or (3) when his
continued stay in the training institution
would be inadvisable.
6. When the youthful offender has reached the
age of TWENTY-ONE while in commitment,
the court shall determine whether
a. To DISMISS the case, if the youthful
offender has behaved properly and has
26

shown his capability to be a useful

member of the community; or
b. To PRONOUNCE the judgment of
conviction, if the conditions mentioned
are not met.
7. In the latter case, the convicted offender
may apply for PROBATION. In any case,
the youthful offender shall be credited in the
service of his sentence with the full time
spent in actual commitment and detention.
8. The final release of a youthful offender
based on good conduct as provided in Art.
196 shall not obliterate his CIVIL LIABILITY
for damages
9. A minor who is ALREADY AN ADULT at the
time of his conviction is not entitled to a
suspension of sentence
PROBATION LAW OF 1976:

PD 968, as amended
A. CONCEPT
PROBATION is a disposition under which a
defendant after conviction and sentence is
released subject to conditions imposed by the
court and to the supervision of a probation
officer.
B. APPLICATION
This shall apply to all offenders except those
entitled to benefits under PD 6003 and similar
laws.
C. RULES ON GRANT OF PROBATION

1. After having convicted and sentenced a
defendant, the trial court MAY SUSPEND
the execution of the sentence, and place the
defendant
on
probation,
upon
APPLICATION by the defendant within the
period for perfecting an appeal.
2. Probation may be granted whether the
sentence imposes a term of imprisonment or
a fine only.
3. NO application for probation shall be
entertained or granted if the defendant has
PERFECTED AN APPEAL from the
judgment of conviction.
4. Filing of application for probation operates
as a WAIVER OF THE RIGHT TO APPEAL.
5. The application shall be filed with the trial
court, and the order granting or denying
probation shall NOT BE APPEALABLE.
6. Accessory penalties are deemed suspended
once probation is granted.
D. POST-SENTENCE INVESTIGATION
The convict is not immediately placed on
probation. There shall be a prior investigation by
the probation officer and a determination by the
court.
E. CRITERIA FOR PLACING AN

OFFENDER ON PROBATION
The Court shall consider:
1. All information relative to the character,
antecedents, environment, mental, and
physical condition of the offender.
2. Available institutional and community
resources.
F. PROBATION SHALL BE DENIED IF

THE COURT FINDS THAT:
CODE: (CoRD)
a.
Offender is in need of correctional

treatment
a.
There is undue risk of committing
another crime
a.
Probation
will
depreciate
the
seriousness of the offense committed
G. DISQUALIFIED OFFENDERS:
THE BENEFITS OF THIS DECREE SHALL NOT
BE EXTENDED TO THOSE:
.a Sentenced to serve a maximum of
imprisonment of more than 6 years.
.b Convicted of subversion or any crime
against the national security or the public
order.
.c Previously convicted by final judgment of an
offense punished by imprisonment of not
less than 1 month and 1 day and/or a fine
not more than P200.
.d Once placed on probation.
H. CONDITIONS OF PROBATION
2 KINDS OF CONDITIONS IMPOSED:
1. Mandatory or general - once violated, the
probation is cancelled. They are:
a. Probationer Presents himself to the
probation officer designated to
undertake his supervision, at such
place as may be specified in the
order, within 72 hours from receipt
of order;
b. He Reports to the probation officer
at least once a month
2. Discretionary or special additional
conditions listed, which the courts may
additionally impose on the probationer
towards his correction and rehabilitation
outside
prison.
HOWEVER,
the
enumeration is not inclusive.
Probation
statutes are liberal in character and enable
the courts to designate practically ANY term
it chooses, as long as the probationers
Constitutional rights are not jeopardized.
Also, they must not be unduly restrictive of
probationer, and not incompatible with the
freedom of conscience of probationer.
I.
PERIOD OF PROBATION
FOR HOW LONG MAY A CONVICT BE

PLACED ON PROBATION?
27

1. If the convict is sentenced to a term of

imprisonment of NOT more than one year,
the period of probation shall not exceed two
years.
2. In all other cases, if he is sentenced to more
than one year, said period shall not exceed
six years.
3. When the sentence imposes a fine only and
the offender is made to serve subsidiary
imprisonment, the period of probation shall
be twice the total number of days of
subsidiary imprisonment.
J. ARREST OF PROBATIONER
AND SUBSEQUENT DISPOSITIONS.
1. At any time during probation, the court may
issue a warrant for the ARREST of a
probationer for any serious violation of the
conditions of probation.
2. If violation is established, the court may (a)
REVOKE his probation, or (b) continue his
probation and MODIFY the conditions
thereof. This order is not appealable.
3. If revoked, the probationer shall SERVE the
sentence originally imposed.
K. TERMINATION OF PROBATION
The Court may order the final discharge of the
probationer upon finding that, he has fulfilled the
terms and conditions of his probation.
L. EFFECTS OF TERMINATION OF
PROBATION
1. Case is deemed terminated.
2. Restoration of all civil rights lost or
suspended.
3. Fully discharges liability for any fine
imposed.
Note that the probation is NOT coterminous

with its period. There must first be an order
issued by the court discharging the
probationer.
ART. 83. SUSPENSION OF THE

EXECUTION OF THE DEATH
SENTENCE
Death sentence shall be suspended when the
accused is a:
1. Woman, while pregnant;
2. Woman, within one (1) year after delivery;
3. Person over seventy (70) years of age;
4. Convict who becomes insane, after final
sentence of death has been pronounced.
DESTIERRO IMPOSED:
CODE: (E-BCP)
1. Death or serious physical injuries is caused
or
are
inflicted,
under
exceptional
circumstances (Art. 247);
2. Failure to give bond for good behavior (Art.
284);
3. Penalty for the concubine in concubinage
(Art. 334);
4. When, after reducing the penalty by one or
more degrees, destierro is the proper
penalty
ART. 89. HOW CRIMINAL LIABILITY

IS TOTALLY EXTINGUISHED
CRIMINAL
LIABILITY
IS
TOTALLY
EXTINGUISHED:
CODE: (D SAAPP M)
1. By the DEATH of the convict as to personal
penalties; BUT as to pecuniary penalties,
liability is extinguished only when the death
of the offender occurs before final judgment;
a.
Whether before or after final judgment,
death
extinguishes
CRIMINAL
LIABILITY, as this penalty is deemed
personal.
Not so with pecuniary
penalties, which are only extinguished
(as they arise from the delict) when
death occurred before final judgment.
b.
Meaning when the accused died
while the judgment of conviction
against him was pending in appeal, his
CIVIL AND CRIMINAL LIABILITY was
extinguished by his death; UNLESS
claim for civil liability may be
predicated on a source of obligation
other than delict.
c.
Death of the offended party does not
extinguish the criminal liability of the
offender because the offense is
committed against the State.
2. By SERVICE OF SENTENCE;
3. By
AMNESTY,
which
completely
extinguishes the penalty and all its effects.
Amnesty is an act of the sovereign power
granting oblivion or a general pardon for a
past offense, and is rarely if ever exercised
in favor of a single individual, and is usually
exerted in behalf of certain classes of
persons who are subject to trial but have not
yet been convicted.
4. By ABSOLUTE PARDON; Pardon is an
act of grace, proceeding from the power
entrusted with the execution of the laws,
which exempts the individual on whom it is
bestowed from the punishment the law
inflicts for the crime he has committed.
ART. 87. DESTIERRO

ONLY
IN
THE
FOLLOWING
CASES
DISTINCTIONS
IS
CODE:
28

(Any Convict looks Forward, Civil R Private)

PARDON
AMNESTY
1. Includes any crime
and is exercised
individually by the
President
1. A blanket pardon
2. Exercised when
the person is
already convicted
2.
3. Merely looks
3. Looks
BAKCWARD and
abolishes and puts
into oblivion the
offense itself; it so
overlooks and
obliterates the
offense with which
he is charged that
the person
released by
amnesty stands
before the law
precisely as
though he had
committed no
offense
4. Makes an exconvict no longer a
recidivist, because
it obliterates the
last vestige of the
crime
FORWARD and
relieves the
offender from the
consequences of
an offense of
which he has been
convicted; it does
not work for the
restoration of the
rights to hold
public office, or the
right of suffrage,
unless such rights
be expressly
restored by means
of pardon
4. Does not alter the
fact that the
accused is a
recidivist as it
produces only the
extinction of the
personal effects of
the penalty
5. Does not
extinguish the civil
liability of the
offender
6. Being a PRIVATE
ACT by the
President, must be
pleaded and
proved by the
person pardoned
to classes of
persons or
communities who
may be guilty of
political offenses
May be exercised
even before trial or
investigation is had
5. Does not
extinguish the civil
liability of the
offender
6. Being by
Proclamation of
the Chief
Executive with the
concurrence of
Congress, is a
PUBLIC ACT of
which the courts
should take notice
5. By PRESCRIPTION OF THE CRIME;

Prescription of the Crime is the forfeiture
or loss of the right of the State to prosecute
the offender, after the lapse of a certain
time.
6. By PRESCRIPTION OF THE PENALTY;
Prescription of the Penalty is the loss or
forfeiture of the right of the Government to
execute the final sentence, after the lapse of
a certain time
Conditions necessary:
a.That there be final judgment;

b.That the period of time prescribed by law
for its enforcement has elapsed
7. By THE MARRIAGE OF THE OFFENDED
WOMAN with the offender in the crimes of
rape, abduction, seduction, and acts of
lasciviousness.
In the crimes of rape,
seduction,
abduction,
or
acts
of
lasciviousness, the marriage, as provided
under Art. 344, must be contracted by the
offender in good faith.
ART. 94. PARTIAL EXTINCTION OF

CRIMINAL LIABILITY
CRIMINAL
LIABILITY
IS
PARTIALLY
EXTINGUISHED:
1. By CONDITIONAL PARDON;
2. By COMMUTATION OF THE SENTENCE;
3. For GOOD CONDUCT ALLOWANCES
which the culprit may earn while he is
serving sentence;
4. By PAROLE;
a. Parole is the suspension of the
sentence of a convict, after serving the
minimum term of the indeterminate
penalty, without granting a pardon,
prescribing the terms upon which the
sentence shall be suspended
b. If the convict fails to observe the
conditions of the parole, the Board of
Pardons and Parole is authorized to (1)
direct his ARREST, AND RETURN TO
CUSTODY and thereafter; (2) to
CARRY
OUT
HIS
SENTENCE
WITHOUT DEDUCTION of the time that
has elapsed between the date of the
parole and the subsequent arrest.
DISTINCTIONS
Conditional
Parole
Pardon
1. May be given at
1. May be given
any time after
after the prisoner
final judgment; is
has served the
granted by the
minimum
Chief Executive
penalty; is
under the
granted by the
provisions of the
Board of
Administrative
Pardons and
Code
Parole under the
provision of the
Indeterminate
Sentence Law
2.
For violation of
2. For violation of
the terms of the
the conditional
parole, the
pardon, the
convict CANNOT
convict may be
BE PROSECUTED
ordered reUNDER ART. 159 of
arrested or rethe RPC, he can
incarcerated by
29

the Chief
Executive, or
may be
PROSECUTED
under Art. 159 of
the Code
be re-arrested
and reincarcerated to
serve the
unserved portion
of his original
penalty
5. by PROBATION. Please see Probation Law.
THREE CATEGORIES:
1. Restitution
2. Reparation of damage caused
3. And indemnification for consequential
damages
ART. 106. REPARATION - HOW

MADE
By the payment of the actual price of the thing
plus its sentimental value.
ART. 100. CIVIL LIABILITY OF A

PERSON GUILTY OF FELONY
-End of Book One-
A CRIME HAS A DUAL CHARACTER:

1. As an offense against the State, because of
the disturbance of the social order; and
2. As an offense against the private person
injured by the crime, UNLESS it involves the
crime of treason, rebellion, espionage,
contempt, and others wherein no civil liability
arises on the part of the offender, either
because there are no damages to be
compensated or there is no private person
injured by the crime
EFFECT OF ACQUITTAL
Extinction of the penal action does NOT carry
with it extinction of the civil; UNLESS the
extinction proceeds from a declaration in a final
judgment that the fact from which the civil
liability might arise did not exist.
EFFECT OF DISMISSAL OF CASE

The Dismissal of the information or the criminal
action does NOT affect the right of the offended
party to institute or continue the civil action
already instituted arising from the offense,
because such dismissal or extinction of the
penal action dose not carry with it the extinction
of the civil one
EFFECT OF DEATH
1. Only the criminal liability (including the fine
which is pecuniary), but not the civil liability
of the accused, is extinguished by his death.
2. Civil liability may exist, although the accused
is not held criminally liable, in the following
cases:
(a) Acquittal on reasonable doubt
(b) Acquittal from a cause of nonimputability
(c) Acquittal in the criminal action for
negligence
(d) When there is only civil liability
(e) In case of independent civil actions
ART. 104. WHAT IS INCLUDED IN

CIVIL LIABILITY
30

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SAN BEDA COLLEGE OF LAW, 2000-2001

MEMORY AID in CRIMINAL LAW

CRIMINAL LAW The branch or

division of law which defines crimes, treats

LIMITATIONS ON THE POWER OF

BUT THIS EXCEPTION HAS NO

EFFECTS OF REPEAL OF PENAL

ART. I. TIME WHEN THE ACT TAKES

Classical - the basis of criminal liability is

ART. 2. APPLICATION OF ITS

A Philippine vessel or aircraft must be

SAN BEDA COLLEGE OF LAW, 2000-2001

MEMORY AID in CRIMINAL LAW

need be, the offenders punished by the

That there must be an act or omission. But

Intentional felonies- the act is performed

prudent, if not from instinct, then through

Mala Prohibita- this is the third class of

MALA IN SE AND MALA PROHIBITA

1. The moral trait of

2. Good faith is NOT

3. The act gives rise

SAN BEDA COLLEGE OF LAW, 2000-2001

MEMORY AID in CRIMINAL LAW

4. Penalty may vary

5. Where there are

ART. 4. CRIMINAL LIABILITY

any efficient intervening cause, produces the

CAUSES WHICH MAY PRODUCE A

1. the act done would have been lawful had the

SAN BEDA COLLEGE OF LAW, 2000-2001

MEMORY AID in CRIMINAL LAW

violation of a precept of law.

The belief of the accused is NOT

3. ATTEMPTED FELONY - There is an attempt

INDETERMINATE OFFENSE : One where

A dash (-) before a letter means NOT.

the purpose of the offender in performing an

Only offenders who personally executed

TWO STAGES IN THE DEVELOPMENT OF A

ART. 7. LIGHT FELONIES

ART. 8. CONSPIRACY AND

TWO ASPECTS OF CONSPIRACY OR

SAN BEDA COLLEGE OF LAW, 2000-2001

MEMORY AID in CRIMINAL LAW

PROPOSAL TO COMMIT FELONY:

Unlawful aggression is equivalent to assault

NOT considered unlawful aggression:

Necessity must be both on the means

ART. 10. OFFENSES NOT SUBJECT

The provisions of the RPC on penalties

ART. 11. JUSTIFYING

SAN BEDA COLLEGE OF LAW, 2000-2001

MEMORY AID in CRIMINAL LAW

Test of reasonable necessity: What the law

relatives mentioned in paragraph 2 of this article,

4. AVOIDANCE OF GREATER EVIL OR

The greater evil must not be brought about

Civil liability referred to in a state of

6. OBEDIENCE TO AN ORDER ISSUED

Both the person who gives the order and the

ART. 12. EXEMPTING

SAN BEDA COLLEGE OF LAW, 2000-2001

MEMORY AID in CRIMINAL LAW