******************************************************************************

Xavier University College of Law (2016) BLOCK B

Joan Abelardo Lanzaderas, Nitchelle Rotsan Entice Gaid

Reviewer for
CRIMINAL LAW 1
Finals (A.Y. 2016-2017)
AN ACT REVISING THE PENAL CODE - is that branch or division of law which
AND OTHER PENAL LAWS defines crimes, treats of their nature,
and provides for their punishment.
Act No. 3815
December 8, 1930 Sources of Criminal Law
1. Revised Penal Code
The Revised Penal Code of the Philippines 2. Special Penal Laws
3. Penal Presidential Decrees issued
Preliminary Article — This law shall be during Martial Law
known as "The Revised Penal Code." Characteristics of Criminal Law
I. General
- Criminal law is binding on all
BOOK ONE persons who live or sojourn in
Philippine territory.
GENERAL PROVISIONS REGARDING THE - Exceptions: treaty stipulations (VFA
DATE OF and
ENFORCEMENT AND APPLICATION OF EDCA) and law of preferential
THE PROVISIONS application (immunity of sovereigns
OF THIS CODE, AND REGARDING THE and diplomatic
OFFENSES, THE representatives)
PERSONS LIABLE AND THE PENALTIES II. Territorial
- Criminal laws undertake to punish
Preliminary Title crimes committed within Philippine
territory.
DATE OF EFFECTIVENESS AND
- Exception: See Article 2
APPLICATION
OF THE PROVISIONS OF THIS CODE
III. Prospective
REVISED PENAL CODE
- A penal law cannot make an act
punishable in a manner in which it
Act No. 3815 | December 8, 1930
was not punishable when
Criminal Law
committed.

Note: The coverage of this entire reviewer is based from the selected Articles Judge Merlas provided last time. The
basis of this reviewer is the Revised Penal Code Commentaries 2012 Edition written by Luis B. Reyes and Liam
Lacayanga and Nikko Galarrita’s Midterm Reviewer.
The coverage for the Final Exam - Articles: 1-15, 24, 36, 39, 48, 89, 90, 94, 100, 104, 112, ISLAW and Probation
Law.
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
- Exception: when favorable to the
accused who is not a habitual
criminal
Repeal of Penal Laws
- If repeal makes the penalty lighter
in the new law, the new law shall be
applied.
- If repeal makes the penalty heavier,
the law in force at the time of the
commission of the crime shall be
applied.
- If there is absolute repeal, the
offense ceases to be criminal. The
act is no longer punishable and the
crime is obliterated. Construction of
Penal Laws
- Penal laws are strictly construed
against the Government and
liberally in favor of the accused.
- Provisions of the RPC are construed
in favor of the Spanish text in which
it was derived.
BOOK ONE — GENERAL PROVISIONS
REGARDING THE DATE OF
ENFORCEMENT AND APPLICATION
OF
THE PROVISIONS OF THIS CODE, AND
REGARDING THE OFFENSES, THE
PERSONS LIABLE AND THE PENALTIES
Preliminary Title — DATE OF
EFFECTIVENESS AND APPLICATION
OF
THE PROVISIONS OF THIS CODE
Article 1 Time when Act takes effect. —
This Code shall take effect on the first
day of January, nineteen hundred and
thirty-two.
Classical Theory vs. Positivist Theory
- Classical theory asserts that the basis
of criminal liability is human free will
and the purpose of the penalty is
retribution. There is mechanical and
direct proportion between crime and
penalty.
- Positivist theory contends that man is
subdued by strange phenomena that
pushes him to do wrong in spite of
his own volition. Enforcement of
individual measures on a case-to-case
basis is favored against a priori
imposition of punishment.
Article 2 Application of its provisions. —
Except as provided in treaties and laws
of preferential application, the
provisions of this Code shall be enforced
not only within the Philippine
Archipelago, including its atmosphere,
its interior waters and maritime zone,
but also outside of its jurisdiction,
against those who:
1. Should commit an offense while on
a Philippine ship or airship
2. Should forge or counterfeit any coin
or currency note of the Philippine
Islands or obligations and securities
issued by the Government of the
Philippine Islands
3. Should be liable for acts connected
with the introduction into these
Islands of the obligations and
securities mentioned in the
preceding number
4. While being public officers or
employees, should commit an
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
offense in the exercise of their
functions
5. Should commit any of the crimes
against national security and the law
of nations,
defined in Title One of Book Two of
this Code
Title One — FELONIES AND
CIRCUMSTANCES WHICH AFFECT
CRIMINAL LIABILITY
Chapter One — FELONIES
Article 3 Definition. — Acts and
omissions punishable by law are felonies
(delitos). Felonies are committed not
only by means of deceit (dolo) but also
by means of fault (culpa). There is deceit
when the act is performed with
deliberate intent; and there is fault when
the wrongful act results from
imprudence, negligence, lack of
foresight, or lack of skill.
Act vs. Omission
- Act should be external for it to be
penalized.
- Omission is a failure to perform a
positive duty which one is bound to
do. Intentional Felonies vs. Culpable
Felonies
- Intentional felonies are with
deliberate intent or malicious.
Culpable felonies are unintentional
and without malice.
Why must the act or omission in felonies
must be voluntary?
1. RPC continues to be based on the
classical theory wherein criminal
liability is anchored on human free
will.
2. Man is a rational being. Exempting
circumstances under Article 12 show
that the act or omission is not
voluntary.
Requisites of Dolo
1. Freedom
2. Intelligence
3. Intent
Ignorantia legis non excusat
- Ignorance of the law excuses no
one from compliance therewith
Ignorantia facti excusat
- Mistake of fact relieves the
accused from criminal liability
When can mistake of fact be used as
defense?
1. That the act done would have been
lawful had the facts been as the
accused believed them to be
2. That the intention of the accused in
performing the act should be lawful
3. That the mistake must be without
fault or carelessness on the part of
the accused Ah Chong case and
Oanis case
- Ah Chong case was a mistake of fact
because he was pressed by
circumstances to act immediately.
There was no time to or opportunity
to make further inquiry therefore
there was no fault or carelessness on
the part of the accused.
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
- Oanis case was not a mistake of fact
because the accused had ample time
and opportunity to ascertain the
identity of Balagtas and yet he acted
immediately. Actus non facit reum nisi
mens sit rea
- The act itself does not make a man
guilty unless his intention were Actus
me invito factus non est meus actus
- An act done by me against my will is
not my act Criminal Intent
- Felonies by dolus involve general
intent
- Particular felonies involve specific
intent (intent to gain in crimes against
property, intent to kill in frustrated or
attempted homicide, and intent of
lewd designs in forcible abduction)
Requisites of Culpa
1. Freedom
2. Intelligence
3. Imprudence or Negligence or Lack
of Skill or Lack of Foresight Special
Penal Laws
- Intent to commit is unnecessary
- Intent to perpetrate or the prohibited
act is done freely and consciously is
enough
- Acts prohibited by special laws are
injurious to public welfare Mala in se
- Wrongful in their nature
- Those that are so serious in their
effects on society as to call for almost
unanimous condemnation of its
members
- Examples: theft, rape, homicide
Mala prohibita
- Wrong merely because of statutory
prohibition
- Those that are violations of mere
rules of convenience designed to
secure a more orderly regulation of
the affairs of society
- Example: illegal possession of
firearms
- Exception: When acts are inherently
immoral, they are mala in se, even if
punished under special law Motive
- It is the moving power which impels
one to action for a definite result. On
the other hand, intent is the purpose
to use a particular means to effect
such result.
- It is not an essential element of a
crime and need not to be proved for
purposes of conviction.
- Motive is proved by evidence. Proof
of motive alone is insufficient to
support conviction.
- Disclosure of the motive is an aid in
completing the proof of the
commission of the crime. But then,
lack of motive may be an aid in
showing the innocence of the
accused. When is motive relevant?
- Identity of accused is in dispute
- There are two antagonistic theories or
versions of the killing
- Identification of the accused proceeds
from unreliable source and testimony
is inconclusive
- No eyewitnesses to the scene and
where suspicion is likely to fall upon a
number of persons
- Evidence is merely circumstantial
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
Article 4 Criminal liability. — Criminal
liability shall be incurred:
1. By any person committing a felony
(delito) although the wrongful act
done be different from that which he
intended and;
2. By any person performing an act
which would be an offense against
persons and property, were it not for
the inherent impossibility its
accomplishment or on account of
the employment of inadequate or
ineffectual means.
El que es causa de la causa es causa del
mal causado
- He who is the cause of the cause is
the cause of the evil caused
- Rationale behind Article 4, Paragraph
1 - predisposition of the offended party
Error in personae
- There is a mistake in the identity of
the victim
- Case: X with the intention to attack Y
mistook Z to be Y. X mortally
wounded Z. X is criminally liable.
Aberratio ictus
- Mistake in the blow
- Case: Q should have shot P but
because of lack of precision, Q shot
O. Q is criminally liable. Praeter
intentionem
- The injurious result is greater than
that intended
- Case: A having no intent to kill gave B
an uppercut. B fell headfirst to the
asphalt ground resulting to his
fractured cranium.
Requisites of Paragraph 1
1. That an intentional felony has been
committed
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
- that 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
Las condiciones patologica del lesionado
- pathological condition of the victim
La constitucion fisica del herido
La falta de medicos para sister al
herido
- concomitant or concurrent conditions
such as the negligence or the fault of
the doctors
When is death presumed to be the
natural consequence of physical injuries
inflicted?
1. That the victim at the time of the
physical injuries were inflicted was in
normal health
2. That death may be expected from
the physical injuries inflicted
3. That death ensued within a
reasonable time
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
When is felony not the proximate cause
of the resulting injury?
- There is an active force that
intervened between the felony
committed and the resulting injury,
and the active force is a distinct act or
fact absolutely foreign from the
felonious act of the accused.
- The resulting injury is due to the
intentional act of the victim.
Requisites of Impossible Crime
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 RPC
Felonies against Persons
- Parricide, murder, homicide,
infanticide, abortion, duel, physical
injuries, and rape
Felonies against Property
- Robbery, brigandage, theft,
usurpation, culpable insolvency,
swindling and other deceits, chattel
mortgage, arson and other crimes
involving destruction, and malicious
mischief Why punish impossible
crimes?
- To suppress criminal propensity or
criminal tendencies. Objectively, the
offender has not committed a felony,
but subjectively, he is a criminal.
Article 5 Duty of the court in connection
with acts which should be repressed but
which are not covered by the law, and in
cases of excessive penalties. —
Whenever a court has knowledge of any
act which it may deem proper to repress
and which is not punishable by law, it
shall render the proper decision and
shall report to the Chief Executive,
through the Department of Justice, the
reasons which induce the court to
believe that said act should be made the
subject of penal legislation.
In the same way, the court shall submit
to the
Chief Executive, through the Department
of Justice, such statement as may be
deemed proper, without the suspending
the execution of the sentence, when a
strict enforcement of the provisions of
this Code would result in the imposition
of a clearly excessive penalty, taking into
consideration the degree of malice and
the injury caused by the offense.
Requisites of Paragraph 1
1. That the act committed by the
accused appears not punishable by
any law
2. But the courts deems it proper to
repress such act
3. In that case, the court must render
the proper decision by dismissing
the case and acquitting the accused
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
4. The judge must make a report to the
Chief
Executive through the Secretary of
Justice, stating the reasons which
induce him to believe that the said act
should be made the subject of penal
legislation Nullum crimen, nulla poena
sine lege
- There is no crime if there is no law that
punishes the act.
Requisites of Paragraph 2
1. The court after trial finds the
accused guilty
2. The penalty provided by law and
which the court imposes for the
crime committed appears to be
clearly excessive because the
accused acted with lesser degree of
malice and/or there is no injury or
the injury caused is of lesser gravity
3. The court should not suspend the
execution of the sentence
4. The judge should submit a
statement to the Chief Executive
through the Secretary of Justice,
recommending executive clemency.
Article 6 Consummated, frustrated, and
attempted felonies. — Consummated
felonies, as well as those which are
frustrated and attempted, are
punishable. A felony is consummated
when all the elements necessary for its
execution and accomplishment are
present; and 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. There is an attempt
when the offender commences the
commission of a felony directly or over
acts, and does not perform all the acts
of execution which should produce the
felony by reason of some cause or
accident other than this own
spontaneous desistance.
Internal Acts
- Mere ideas in the mind of a person,
are not punishable even if, had they
been carried out, they would
constitute a crime.
External Acts
- Preparatory acts are ordinarily not
punishable - Acts of execution are
punishable under RPC
Elements of Attempted Felony
1. The offender commences the
commission of the felony directly by
overt acts
2. He does not perform all acts of
execution which produce the felony
3. The offender's act is 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 spontaneous
desistance
Elements of Frustrated Felony
1. The offender performs all the acts of
execution which would produce the
felony as a consequence
2. That the felony is not produced due
to causes independent of the will of
the perpetrator
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
Frustrated Felony vs. Attempted Felony
- In both, the offender has not
accomplished his criminal purpose.
- In frustrated felony, the offender has
performed all the acts of execution
which would produce the felony as a
consequence.
He has reached the objective phase.
- In attempted felony, the offender
merely commences the commission
of a felony by overt acts and does not
perform all acts of execution. He has
reached the subjective phase.
Attempted or Frustrated Felony vs.
Impossible Crime
- In attempted or frustrated felony and
impossible crime, the evil intent of
the offender is not accomplished.
- In impossible crime, the evil intent of
the offender cannot be accomplished.
In attempted or frustrated felony, the
evil intent of the offender is possible
of accomplishment.
- In impossible crime, the evil intent
cannot be accomplished because it is
inherently impossible due to
inadequate or ineffectual means. In
attempted or frustrated felony, the
evil intent cannot be accomplished
due to intervention of certain cause
or accident in which offender had no
part.
- In impossible crime, there are no
attempted or frustrated stages.
Manner of Committing the Crime
1. Formal crimes (consummated in one
instant, no attempt, like slander and
false testimony)
2. Crimes consummated by mere
attempt or proposal or by overt act
(flight to enemy's country or
corruption of minors)
3. Felony by omission
4. Crimes requiring the intervention of
two persons to commit them are
consummated by mere agreement
(betting in sport contests and
corruption of public officers)
5. Material crimes (consummated,
frustrated, and attempted rape)
Article 7
When light felonies are punishable. —
Light felonies are punishable only when
they have been consummated, with the
exception of those committed against
person or property.
What light felonies are punishable by
RPC?
- Slight physical injuries, theft,
alteration of boundary marks,
malicious mischief, and intriguing
against honor General Rule
- They are only punishable when
consummated.
- Light felonies produce such light and
insignificant moral and material
injuries that public conscience is
satisfied with providing a light penalty
for their consummation. If they are
not consummated, the wrong done is
so
slight that there is no need of
providing a penalty at all. Exception
to the Rule
- When the light felonies are
committed against persons (i.e slight
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
physical injuries and maltreatment)
and property (i.e alteration of
boundary marks), they are punishable
even if attempted or frustrated.
- The commission of felonies against
persons or property presupposes in
the offender moral depravity. For that,
even attempted or frustrated light
felonies against persons or property
are punishable.
Article 8 Conspiracy and proposal to
commit felony. — Conspiracy and
proposal to commit felony are
punishable only in the cases in which the
law specially provides a penalty therefor.
A conspiracy exists when two or more
persons come to an agreement
concerning the commission of a felony
and decide to commit it. There is
proposal when the person who has
decided to commit a felony proposes its
execution to some other person or
persons.
General Rule
- Conspiracy and proposal to commit a
felony are not punishable.
- Exception: Art. 115 (Conspiracy and
proposal to commit treason), Art. 136
(Conspiracy and proposal to commit
coup d'etat, rebellion, or insurrection),
and Art. 141 (Conspiracy to commit
sedition)
- Conspiracy and proposal to commit a
crime are only preparatory acts and
the law regards them as innocent or
at least permissible except in rare and
exceptional cases.
- Treason is against the external
security of the state. Coup d'etat,
rebellion, and sedition are against
internal security. Monopolies and
combinations in restraint of trade are
against economic security.
- In ordinary crimes, culprit finds no
impunity. In crimes aforementioned, if
culprit succeeds in his criminal
enterprise, he would obtain power
and impunity is committed.
Requisites of Conspiracy
1. That two or more persons came to
an agreement
2. That the agreement concerned the
commission of the felony
3. That the execution of the felony be
decided upon
1. Agreement presupposes meeting
of the minds of two or more
persons
2. The agreement must refer to the
commission of a crime. It must
be an agreement to act, to
effect, to bring about what has
already been conceived and
determined.
3. The conspirators have made up
their minds to commit the crime.
There must be a determination
to commit the crime of treason,
rebellion, or sedition.
Requisites of Proposal
1. That a person has decided to
commit a felony
2. That he proposes its execution to
some other person or persons When
is there no criminal proposal?
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
- The person who proposes is not
determined to commit the felony.
- There is no decided, concrete, and
formal proposal.
- It is not the execution of a felony that
is proposed.
Article 9 Grave felonies, less grave
felonies and light felonies. — Grave
felonies are those to which the law
attaches the capital punishment or
penalties which in any of their periods
are afflictive, in accordance with Art. 25
of this Code. Less grave felonies are
those which the law punishes with
penalties which in their maximum period
are correctional, in accordance with the
above-mentioned article. Light felonies
are those infractions of law for the
commission of which a penalty of
arresto menor or a fine not exceeding
200 pesos or both, is provided.
Capital Punishment
- Death penalty
Afflictive Penalties for Grave Felonies
- Reclusion perpetua
- Reclusion temporal
- Perpetual or temporary absolute
disqualification
- Perpetual or temporary special
disqualification
- Prision mayor
Correctional Penalties for Less Grave
Felonies
- Prision correccional (maximum,
medium, and minimum levels)
- Arresto mayor
- Suspension
- Destierro
Article 10 Offenses not subject to the
provisions of this Code. — Offenses
which are or in the future may be
punishable under special laws are not
subject to the provisions of this Code.
This Code shall be supplementary to
such laws, unless the latter should
specially provide the contrary.
Construction of Article 10
- RPC is not intended to supersede
special penal laws. Generalia
specialibus non derogant. The soul of
this article is actually the
supplementary character of the RPC
to special laws unless provided
otherwise.
Chapter Two
JUSTIFYING CIRCUMSTANCES
AND CIRCUMSTANCES WHICH
EXEMPT FROM CRIMINAL LIABILITY
I. JUSTIFYING CIRCUMSTANCES
- 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.
- Exception: Paragraph 4 where the civil
liability is borne by the persons
benefited by the act
- There is no crime committed
therefore there is no criminal
- Burden of proof rests on the accused
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
Article 11 Justifying circumstances. —
The following do not incur any criminal
liability:
1. Anyone who acts in defense of his
person or rights, provided that the
following circumstances concur:
First. Unlawful aggression.
Second. Reasonable necessity of
the means employed to prevent
or repel it. Third. Lack of
sufficient provocation on the
part of the person defending
himself.
2. Any one who acts in defense of the
person or rights of his spouse,
ascendants, descendants, or
legitimate, natural or adopted
brothers or sisters, or his relatives by
affinity in the same degrees and
those consanguinity within the
fourth civil degree, provided that the
first and second requisites
prescribed in the next preceding
circumstance are present, and the
further requisite, in case the
revocation was given by the person
attacked, that the one making
defense had no part therein.
3. Anyone who acts in defense of the
person or rights of a stranger,
provided that the first
and second requisites mentioned in
the first circumstance of this Art. are
present and that the person
defending be not induced by
revenge, resentment, or other evil
motive.
4. Any person who, in order to avoid
an evil or injury, does not act which
causes damage to another, provided
that the following requisites are
present;
First. That the evil sought to be
avoided actually exists.
Second. That the injury feared be
greater than that done to avoid
it. Third. That there be no other
practical and less harmful means
of preventing it.
5. Any person who acts in the
fulfillment of a duty or in the lawful
exercise of a right or office.
6. Any person who acts in obedience
to an order issued by a superior for
some lawful purpose. Self-Defense
- Defense of the person or body and
his rights
- It is deemed lawful by the state
because man has an impulse of self-
preservation or the natural instinct to
protect, repel, and save his person or
rights from impending danger.
- Incompatible with flight after the
commission of the crime because it is
highly evidentiary of guilt Unlawful
Aggression
- It is an indispensable requisite
meaning it is a condition sine qua
non for self-defense
- There is peril to one's life. Actual (that
the danger must be present, that is,
actually in existence) and imminent
(that the danger is on the point of
happening but it is not required that
the attack already begins, for it may
be too late).
- There is peril to one's limb.
- There must be actual physical force or
use of weapon. Example: A slap to
one's face.
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
- N/A when there is retaliation. It is
because the aggression already
ceased to exist when the accused
attacked the aggressor.
- N/A when the aggressor flees.
- N/A when there is agreement to fight.
It is because the aggression
contemplated by law should be
unwarranted and unexpected. Agreed
fights or accepted challenges render
the first act of force as immaterial.
- It must come from the person who
was attacked by the accused.
- There is a defense of right to chastity,
defense of property, and defense of
home on the part of the accused.
- N/A when there is only mere
threatening attitude or the aggression
is merely imaginary.
Reasonable Necessity
- Requisites: That there be a necessity
of the course of action taken by the
person making a defense (1) and that
there be a necessity of the means
used (2)
- Necessity of the course of action
taken consider the place and occasion
of the assault (1) and the darkness of
the night and the surprise which
characterized the assault (2)
- Necessity of the means used are
tested by the nature and quality of
the weapons (1), the physical
condition, character, and size (2) and
other circumstances considered (3)
Limitations on the Nature and Quality of
Weapons in People vs. Padua
- Wherein the person assaulted had
other available means
- Wherein the person assaulted could
coolly choose the less deadly weapon,
if there is, to repel the assault Lack of
Sufficient Provocation
- When no provocation at all was given
to the aggressor by the person
defending himself
- When, even if a provocation was
given, it was not sufficient
- When, even if the provocation was
sufficient, it was not given by the
person defending himself
- When, even if a provocation was
given by the person defending
himself, it was not proximate and
immediate to the act of aggression
Battered Woman Syndrome
- Can be a ground of incomplete self-
defense
- Battered women are wives or women
in any form of intimate relationship
with men that are subjected to
forceful physical or psychological
behavior by a man in order to coerce
her to do something he wants her to
do without concern for her rights.
- Cycle of violence: Tension-building
phase (1), acute battering incident (2),
and tranquil, loving, and nonviolent
phase (3)
- Battered women remain in the
situation after at least two cycles
because they have an illusion of
absolute interdependency. She is the
sole anchor of the emotional stability
of the batterer. Defense of Relatives
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
- Relatives by affinity (via marriage) are
parents-in-law, son or daughter-in-
law, and brother or sister-in-law
- Relatives by consanguinity (via blood)
are brothers, sisters, uncles, aunts,
nieces, nephews, and first cousins
- Based upon humanitarian sentiment
and impulse of blood or what impels
men to rush on the occasion of great
perils to the rescue of those close to
them
- Even if the relative gave provocation,
it is immaterial to the defender
because he or she took no part
therein and was only driven by a
noble or generous sentiment
Requisites of Paragraph 2
1. Unlawful aggression
2. Reasonable necessity of the means
employed to prevent or repel it
3. In case of the provocation was given
by the person attacked, the one
making a defense had no part
therein Defense of Strangers
- Strangers are defined to be anyone not
included in the preceding paragraph.
Close friends or distant relatives are
examples.
Requisites of Paragraph 3
1. Unlawful aggression
2. Reasonable necessity of the means
employed to prevent or repel it
3. The person defending be not
induced by revenge, resentment, or
other evil motive
Avoidance of Greater Evil or Injury
- There is civil liability borne by the
persons benefited in proportion of
the benefits which they may have
received
Requisites of Paragraph 5
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
Fulfillment of a Duty
- Shooting an offender who refused to
surrender is justified
- N/A when the officer employed
unnecessary force, treated the
offender with wanton violence, or
resorting to dangerous means when
the arrest could be effected
otherwise.
Actual Invasion of Property
- Gives rise to lawful exercise of right or
office
- In mere disturbance of possession,
force may be used against it at any
time as long as it continues.
- In real dispossession, force to regain
can be used only immediately after
the dispossession.
Requisites of Paragraph 6
1. That an order has been issued by a
superior
2. That such order must be for some
lawful purpose
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
3. That the means used by the
subordinate to carry out said order is
lawful Obedience to an Order
- Superior and subordinate must be
acting within the limitations
prescribed by law
- Subordinate is criminally liable if
the order is not for a lawful purpose.
However, if he is not aware of the
illegality of the order and he is not
negligent, he is not liable.
Art. 12. Circumstances which exempt
from criminal liability.
Par. 1 - An imbecile or an insane person
unless the latter has acted during a lucid
interval
Basis - There is a complete absence of
intelligence, an element of voluntariness.
 Insane - one who is deprived
completely of reason or
discernment and freedom of the
will.
- not exempt if proven that
he acted during a lucid interval.
- There is a presumption of
sanity to be proved otherwise.
- must be proved insane at
the time preceding the act under
persecution or at the very
moment of its execution
- Schizophrenia,
kleptomania, epilepsy,
somnambulism, hypnotism are
examples.
 Imbecile - one who is advanced in
age but has a mental
development comparable to that
of children between two and
seven years of age.
- exempt in all cases.
Par. 2 - A person under nine years of age
Basis - There is a complete absence of
intelligence, an element of voluntariness.
 To be construed as nine years or
less.
 Repealed by Republic Act No.
9344- “Juvenile Justice and
Welfare Act of 2006” which raised
the age of absolute
irresponsibility from nine to
fifteen years of age.
Par. 3 - A person under nine years of age
and under fifteen, unless he has acted
with discernment in which case, such
minor shall be proceeded against in
accordance with the provisions of article
80 of this Code.
Basis - There is a complete absence of
intelligence, an element of voluntariness.
 Discernment – the capacity to
differentiate right from wrong.
May be shown by (1) the manner
the crime was committed, or (2)
the conduct of the offender after
its commission.
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
 Repealed by Republic Act No.
9344- “Juvenile Justice and
Welfare Act of 2006” which raised
the age of criminal responsibility
for those who act with
discernment to fifteen to
eighteen
 There is a presumption of
minority and a presumption of
non-discernment to be proved
otherwise.
Par. 4 - Any person who, while
performing a lawful act with due care,
causes an injury by mere accident
without fault or intention of causing it.
Elements:
1. A person is performing a lawful
act;
2. With due care;
3. He causes an injury to another by
mere accident;
4. Without fault or intention of
causing it.
Basis – There is a lack of negligence and
intent, elements to make it either a
culpable or an intentional felony.
Par. 5 – Any person who acts under the
compulsion of an irresistible force.
Elements:
1. That the compulsion is by means
of physical force;
2. Which must be irresistible;
3. From a third person.
Basis – There is a complete absence of
freedom, an element of voluntariness.
 Must be a force which acts upon
him from the outside and by a
third person.
 In spite of all the resistance, the
force compels its body to act and
his mind to obey, reducing him to
a mere instrument.
Par. 6 – Any person who acts under the
impulse of an uncontrollable fear of an
equal or great injury.
Elements:
1. Existence of an uncontrollable
fear;
2. Which must be real and
imminent;
3. And the injury feared must be
greater than or equal to that
committed.
Basis - There is a complete absence of
freedom, an element of voluntariness.
 Should be based on real,
imminent, or reasonable fear for
one’s life or limb.
 Should not be speculative fanciful
or remote fear.
 Compulsion must leave no
opportunity to the accused for
escape or self-defense in equal
combat.
Par. 7 – Any person who fails to perform
an act required by law, when prevented
by some lawful or insuperable cause.
Elements:
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
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 is due to some lawful or
insuperable cause.
Basis - There is a complete absence of
intent, an element of voluntariness.
 Lawful cause- prevention or
hindrance to perform act is
professional capacity or duty
and/or other legal hindrances.
 Insuperable cause- prevention or
hindrance to perform act is
impossibility in the circumstances.
e.g. natural cause.
Complete defenses in criminal cases
1. Any of the essential elements of
the crime charged is not proved
by the prosecution and the
elements proved do not
constitute any crime.
2. Justifying circumstances. (Art. 11)
3. Exempting cricumstances. (Art.
12)
4. Covered by any of these
absolutory causes:
a. Spontaneous desistance
during attempted stage (Art.
6), provided no other crime is
committed.
b. Attempted or frustrated light
felony which is not against
persons or property.
c. The accessory is a relative of
the principal. (Art. 20)
d. Legal grounds for arbitrary
detention. (Art. 124)
e. Legal grounds for trespass.
(Art. 280)
f. Theft, swindling or malicious
mischief is committed against
a relative. (Art. 332)
g. When only slight or less
serious physical injuries are
inflicted by the person who
surprised his wife or daughter
in the act of sexual intercourse
with another person. (Art. 247)
h. Marriage of the offender with
the offended party if the
crimes committed is rape,
abduction, seduction, or acts
of lasciviousness. (Art. 334)
i. Instigation
5. Guilt of the accused not
established beyond reasonable
doubt.
6. Prescription of crimes. (Art. 89)
7. Pardon by the offended party
before the institution of criminal
action in crime against chastity.
(Art. 344)
Chapter Three
CIRCUMSTANCES WHICH MITIGATE
CRIMINAL LIABILITY
Art. 13. Mitigating circumstances. — The
following are mitigating circumstances;
Par. 1 - Those mentioned in the
preceding chapter, when all the
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
requisites necessary to justify the act or
to exempt from criminal liability in the
respective cases are not attendant.
 Refers to justifying and
exempting circumstances
 There is a want of requisites for
the act to be justified or
exempted from criminal liability
 Circumstances of justification or
exemption that may give place to
mitigation because of the want of
requisites:
1. Self-defense (Art. 11, par.1)
2. Defense of relatives (Art. 11,
par. 2)
3. Defense of strangers (Art. 11,
par. 3)
*par. 1 of Art. 13 applies only
when only unlawful
aggression is present pars. 1-
3 of Art. 11. If another
requisite is present, it will be a
privileged mitigating
circumstance
4. State of necessity (Art. 11, par.
4)
5. Performance of duty (Art. 11,
par. 5)
6. Obedience to order of
superior (Art. 11, par. 6)
7. Minority under nine and
under fifteen years of age (Art. 12, par.
3)
8. Causing injury by mere
accident (Art. 12, par. 4)
9. Uncontrollable fear ( Art. 12,
par. 6)
Par. 2 – That the offender is under 18
years of age or over seventy years. In the
case of the minor, he shall be proceeded
against in accordance with the
provisions of Article 80.
Basis – There is a diminution of
intelligence, a condition of voluntariness.
 Impliedly repealed by Republic
Act No. 9344- “Juvenile Justice
and Welfare Act of 2006” which
provides that If an offender is
fifteen or over but under
eighteen years of age, he may be
exempt from criminal liability
should he acted without
discernment. If such offender
acted with discernment, he shall
undergo diversion programs
required.
 A child in conflict with the law
may undergo conferencing,
mediation and conciliation
outside the criminal justice
system or prior to his entry in
such system.
 There is a presumption of
minority to be proven otherwise.
Par. 3 - That the offender had no
intention to commit so grave a wrong as
that committed.
Basis – There is a diminution of intent,
an element of voluntariness.
 Can only be proven if the facts
show that there is a notable and
evident disproportion between
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
the means employed to execute Requisites:
the criminal act and its 1. That there is a grave offense
consequences. done to the accused, his spouse,
 Intention must be judged by ascendants descendants,
considering the weapon used, the legitimate, natural or adopted
injury inflicted and the attitude of brothers or sisters, or relatives by
the mind upon the commission of affinity within the same degrees.
the crime. 2. The felony is committed in
 Not applicable: vindication of such grave offense.
o When offender employed A lapse of time is allowed.
brute force
o In murder qualified by Basis – There is a diminution of the
treachery conditions of voluntariness.
o In physical injuries
o When the felony has no Par. 6 - That of having acted upon an
requisite of intention impulse so powerful as natural to have
produced passion or obfuscation.
Par. 4 - That sufficient provocation or
threat on the part of the offended party Requisites:
immediately preceded the act. 1. The accused acted upon an
impulse of an act;
Requisites: 2. Which is both unlawful and so
1. That provocation must be powerful that it naturally
sufficient; produced passion or obfuscation
2. Which originates from the in him.
offended party;
3. Which is immediately preceding Basis – There is a diminution of
the commission of the crime. intelligence and intent. The accused
loses his reason and self-control thereby
Basis – There is a diminution of diminishing the exercise of his will
intelligence and intent. power.

Par. 5 - That the act was committed in  The crime committed by the
the immediate vindication of a grave accused must be provoked by
offense to the one committing the prior unjust or improper acts of
felony (delito), his spouse, ascendants, the injured party.
descendants, legitimate, natural or  Passion or obfuscation must arise
adopted brothers or sisters, or relatives from lawful sentiments.
by affinity within the same degrees.  There is no mitigating
circumstances when the act is
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
committed in the spirit of
lawlessness or revenge
 Passion or obfuscation must take
place at a time not far removed
from the commission of the
crime.
Par. 7 - That the offender had voluntarily
surrendered himself to a person in
authority or his agents, or that he had
voluntarily confessed his guilt before the
court prior to the presentation of the
evidence for the prosecution.
Basis – There is lesser perversity of the
offender.
Two mitigating circumstances
provided in this paragraph:
Voluntary surrender to a person in
authority or his agents.
Requisites:
1. That the offender had not been
actually arrested;
2. Who surrendered himself to a
person in authority or to the
latter’s agent.
3. The surrender was voluntary.
 Surrender must be spontaneous
and must show intent of
unconditional surrender because
of the acknowledgement of guilt
or if the accused wishes to save
the authorities the resources to
be incurred in his search and
capture.
 There is no voluntary surrender
where there is a warrant of arrest
or when there js surrender only
after the knowledge that
authorities are closing in.
 Surrender must not necessarily be
prior to the order of arrest. So
long as the warrant of arrest has
not been served.
Voluntary confession of guilt before the
court prior to the presentation of
evidence for the prosecution.
Requisites:
1. Spontaneous confession of guilt;
2. Which is made before the
competent court that is to try the
case;
3. Which is made prior to the
presentation of evidence for the
prosecution.
 Plea must be made before the
trial begins.
 Confession must be made in an
open court.
 Plea of guilty is not mitigating in
culpable felonies and in crimes
punished by special laws.
Par. 8 - That the offender is deaf and
dumb, blind, or otherwise suffering
some physical defect which thus restrict
his means of action, defense, or
communication with his fellow beings.
Basis – Suffering of physical defect
restricts one’s means of action, defense
or communication with others.
Diminution of freedom, an element of
voluntariness.
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
 Education is immaterial
 Physical defect must restrict
means of action, defense, or
communication with fellow
beings
Par. 9 - Such illness of the offender
which would diminish the exercise of the
will-power of the offender without
however depriving him of consciousness
of his acts.
Requisites:
1. There is an illness which
diminishes the offender’s will
power.
2. Such illness should not deprive
the offender of consciousness of
his acts.
Basis – There is a diminution of
intelligence and intent.
 Refers to diseases of pathological
state that trouble the conscience
or will.
Par. 10 - Any other circumstances of a
similar nature and analogous to those
above-mentioned.
 This paragraph provides the court
the authority of discretion in
awarding mitigating
circumstances in cases not
mentioned but are similar to
those mentioned.
Chapter Four
CIRCUMSTANCE WHICH AGGRAVATE
CRIMINAL LIABILITY
Art. 14. Aggravating circumstances. —
The following are aggravating
circumstances:
Par. 1 - That advantage be taken by the
offender of his public position.
Basis – There is greater perversity shown
by the personal circumstance of the
offender and also by means employed
to secure commission of crime.
 Applies only to public officers.
 The offender uses the influence,
prestige or ascendancy which his
office gives him as as the means
employed for the commission of
crime.
 Did the accused abuse his office
in order to commit the crime?
 Misappropriation of the money of
the people.
 Failure to do his duties and
responsibilities.
Par. 2 - That the crime be committed in
contempt of or with insult to the 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
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
not the person against whom the  The four circumstances
crime is committed. enumerated can be considered as
3. The offender knows him to be a single or together. They have the
public authority. weight of one aggravating
4. His presence has not prevented circumstance only.
the offender from committing the
criminal act. Par. 4 - That the act be committed with
abuse of confidence or obvious
Basis – There is greater perversity shown ungratefulness.
by the lack of respect for the public
authorities. Requisites:
1. That the offended party had
Par. 3 - That the act be committed with trusted the offender.
insult or in disregard of the respect due 2. That the offender abused such
the offended party on account on his trust by committing a crime
rank, age, and sex, or that it be against the offended party.
committed in the dwelling of the 3. That the abuse of confidence
offended party, if the latter has not facilitated the commission of thhe
given provocation. crime.

Basis – There is greater perversity shown Basis – There is greater perversity shown
by the personal circumstances of the by the means and ways employed.
offended party and the place of the
commission of the crime.  Confidence between the offender
and the offended party must be
 Applies only to crimes against immediate and personal.
persons or honor.
 Not applicable to the following People v. Marasigan
cases: Facts: a jealous lover, who
o When the offender acted already planned to kill his
with passion or girlfriend, invited the latter to ride
obfuscation. in the country. Unsuspecting of
o When there exists a the intent, the girl went with him.
relationship between the While they were in the car, the
offender and the offended accused stabbed his girlfriend.
party. Held: An abuse of
o When the condition of confidence was employed. It is an
being a woman is aggravating circumstance.
indispensable in the
commission of the crime.
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
Par. 5 - That the crime be committed in
the palace of the chief executive, or in
his presence, or where public authorities
are engaged in the discharge of their
duties or in a place dedicated to
religious worship.
Par. 6 - That the crime be committed at
the nighttime or in an uninhabited place,
or by a band, whenever such
circumstances may facilitate the
commission of the offense.
Whenever three armed
malefactors shall have acted
together in the commission of am
offense, it shall be deemed to
have been committed by a band.
Par. 7 - That the crime be committed on
the occasion on a conflagration,
shipwreck, earthquake, epidemic, or
other calamity or misfortune.
Par. 8 - That the crime be committed
with the aid of armed men or persons
who insure or afford impunity.
Par. 9 - That the accused is a recidivist
A recidivist is one who, at the
time of his trial for one crime,
shall have been previously
convicted by final judgement of
another crime embraced in the
same title of this code.
Par. 10 - That the offender has been
previously punished for an offense to
which the law attaches an equal or
greater penalty or for two or more
crimes to which it attaches a lower
penalty.
Par. 11 - That the crime be committed in
consideration of a price, reward or
promise.
Par. 12 - That the crime be committed
by means of inundation, fire, poison,
explosion, stranding of a vessel or
intentional damage thereto, derailment
of a locomotive, or by the use of any
other artifice involving great waste and
ruin.
Par. 13 - That the act be committed with
evident premeditation.
Par 14 - That craft, fraud or disguise be
employed.
Par. 15 - That advantage be taken of
superior strength, or means be
employed to weaken the defense.
Par. 16 - That the offense be committed
with treachery (alevosia).
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 take.
Par. 17 - That means be employed or
circumstances brought about which add
ignominy to the natural effects of the
act.
Par. 18 - That the crime be committed
after an unlawful entry.
There is an unlawful entry when
an entrance is effected by a way
not intended for the purpose.
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
Par. 19 - That as a means to the
commission of a crime a wall, roof, floor,
door, or window be broken.
Par. 20 - That the crime be committed
with the aid of persons under fifteen
years of age, or by means of motor
vehicle, airships, or other similar means.
Par. 21 - That the wrong done in the
commission of the crime be deliberately
augmented by causing other wrong not
necessary for its commission.
 Circumstances in which, if
attendant in the commission of
the crime, serve to increase the
penalty.
 Must not exceed the maximum
penalty provided by law for the
offense. (Adheres to the principle
that the state should be liberally
in favor of the accused)
 Four kinds of aggravating
circumstances:
1. Generic - generally applies to
all crimes
-may be
compensated by
mitigating circumstances
-may be proven
during the trial
o Par. 1, 2, 3 (dwelling), 4, 5,
6, 9, 10, 14, 18, 19 and 20
of Art. 14, except by means
of motor vehicles
2. Specific- applies only to
particular crimes.
o Par. 3 (except dwelling), 15,
16, 17 and 21 of Art. 14
3. Qualifying- changes the
nature of te crime
-cannot be offset by
a mitigating circumstance
4. Inherent- an element of a
crime
 Aggravating circumstances which
constitute another crime will be
punished in the penalty provided
for the said crime
 Aggravating circumstances which
arise from the moral attributes of
the offender or private relation to
the offended party or from any
personal cause, shall affect only
to those who have such
circumstances attendant.
 The circumstances which consist
in the material execution of the
act, or in the means employed to
accomplish it, shall affect only
those in knowledge of them or
their cooperation during the
commission of the crime.
 Qualifying and aggravating
circumstances must be alleged in
the information.
 Must be proved beyond
reasonable doubt
Basis
There is great perversity of the offender
which is shown through:
1. The motivating power
2. The place of
commission
3. The means and ways
employed
4. The time
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
5. The personal
circumstances by the Title Two
offender, or of the
offended party PERSONS CRIMINALLY LIABLE FOR
FELONIES

Article 16. Who are criminally liable.

Chapter Five
ALTERNATIVE CIRCUMSTANCES The ff are criminally liable for grave
and less grave felonies:
Art. 15. Their concept. — Alternative 1. Principals
circumstances are those which must be 2. Accomplices
taken into consideration as aggravating 3. Accessories
or mitigating according to the nature and
effects of the crime and the other The ff are criminally liable for light
conditions attending its commission. felonies
They are the relationship, intoxication 1. Principals
and the degree of instruction and 2. Accomplices
education of the offender.

The alternative circumstance of Accessories are not liable for light

relationship shall be taken into felonies for the social wrong as well as
consideration when the offended party in the individual prejudice is so small that
the spouse, ascendant, descendant, penal sanction is deemed unnecessary.
legitimate, natural, or adopted brother or (Refer Art.7)
sister, or relative by affinity in the same GR: Only a natural person can be the
degrees of the offender. offender because
1. An artificial or juridical person
The intoxication of the offender shall be cannot ct with malice or
taken into consideration as a mitigating negligence;
circumstances when the offender has 2. A JP cannot commit a crime in
committed a felony in a state of which a malicious intent is
intoxication, if the same is not habitual or required;
subsequent to the plan to commit said 3. There is substitution of
felony but when the intoxication is deprivation of liberty for
habitual or intentional, it shall be pecuniary liabilities in case of
considered as an aggravating insolvency;
circumstance. 4. Other penalties (e.g. destierro)
can be executed only against
individual
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
XPN: Juridical persons are criminally performed an overt act in furtherance
liable under certain special laws (e.g. of the conspiracy either
Corporation Law) *By actively participating in the actual
Officers, not the corporation, are commission of the crime, or by
criminally liable. Provided: they lending moral assistance to his co-
participated either as principals or as conspirators by being present at the
accomplices in the commission of an act crime scene or by exerting moral
punishable by law. ascendancy over the rest of the
Article 17. Principals conspirators.
1. Those who take a direct part in the *Conspiracy exists if, at the time of the
execution of the act. (Direct commission of the offense, the
participation) accused had the same purpose and
were united in its execution.
2. Those who directly force or induce 2R: They carried out their plan and
others to commit it. (Induction) personally took part in its execution by
acts which directly tended to the same
3. Those who cooperate in the end.
commission of the offense by *Must be at the crime scene,
another act without which it would personally taking part in its
not have been accomplished. execution.
(Indispensable cooperation) BY FORCE OR INDUCTION
Ways to directly force:
1. Using irresistible force
2. Using uncontrollable fear
BY DIRECT PARTICIPATION (Only the one using force is liable;
1. They participated in the criminal the executor falls under Art. 12, pars.
resolution 5 and 6)
2. They carried out their plan and
Ways to directly induce:
personally took part in its
1. By giving price, or offering reward
execution by acts which directly
or promise.
tended to the same end.
2. By using words of command
______ - Made directly with the
Example: Each inflicted a serious wound intention of procuring
1R: They participated in the criminal the commission of the
resolution crime
*When they were in conspiracy at the - Determining cause of
time of the commission of the crime. thee commission of the
*Co-principal by reason of conspiracy. crime by the executor.
It must be established that he BY INDISPENSABLE COOPERATION
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
1. Participation in the criminal the accessory acts with abuse of
resolution (unity of criminal his public functions or whenever
purpose and intention the author of the crime is guilty of
immediately before the treason, parricide, murder, or an
commission of the crime/anterior attempt to take the life of the
conspiracy) Chief Executive, or is known to be
2. By performing another act, habitually guilty of some other
without which offense would not crime.
have been accomplished.
Article 20. Accessories who are exempt
from criminal liability.
Article 18. Accomplices 1. Spouses
Who are not being included in Article 17, 2. Ascendants and descendants
cooperate in the execution of the offense 3. Legitimate , natural, and adopted
by previous or simultaneous acts. brothers and sisters
4. Relatives by affinity w/in same
REQUISITES
degrees
1. Knowing the criminal design, he Does not apply to Article 19(1)
concurs with the principal’s
purpose
2. He cooperates in the execution of Title Three
the offense by previous or
simultaneous acts, supplying PENALTIES
material or moral aid in an
efficacious way Chapter One
3. There be a relation between the PENALTIES IN GENERAL
acts done by the principal and that
of charged as an accomplice Juridical conditions of penalty
a. Must be productive of suffering
Article 19. Accessories.
b. Must be commensurate with the
1. By profiting themselves or
offense
assisting the offender to profit by
c. Must be personal
the effects of the crime.
d. Must be legal
2. By concealing or destroying the
e. Must be certain
body of the crime or the effects or
f. Must be equal
instruments thereof, in order to
g. Must be correctional
prevent its discovery.
3. By harbouring, concealing, or
Theories justifying penalties
assisting in the escape of the
a. Prevention
principal of the crime, provided
b. Self-defense
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
c. Reformation was less severe than those of
d. Exemplarity the Code
e. Justice 2. To laws enacted subsequent to
the RPC, in which the penalty is
Art. 21. Penalties that may be imposed. — more favorable to the accused
No felony shall be punishable by any The favorable retroactive effect of a new
penalty not prescribed by law prior to its law may find the defendant in one of
commission. these three situations:
Ratio: an act or omission cannot be 1. The crime has been committed
punished by the State if at the time it was and prosecution begins
committed there was no law prohibiting 2. Sentence has been passed but
it, because a law cannot be expected to service has not begun
obey an order that has not been given. 3. The sentence is being carried
out
Art. 22. Retroactive effect of penal laws. Habitual criminal:
— Penal Laws shall have a retroactive a. 10 years from the date of his
effect insofar as they favor the persons release or last conviction of the
guilty of a felony, who is not a habitual crimes of
criminal, as this term is defined in Rule 5 - Serious or less serious
of Article 62 of this Code, although at the physical injuries
time of the publication of such laws a - Robbery
final sentence has been pronounced and - Theft
the convict is serving the same. - Estafa
- Falsification
As they favor the person guilty of a felony b. He is found guilty of any said
a. Who is not a habitual criminal crimes a third time or oftener
b. Although at the time of the c.
publication of such law a final Criminal liability under the repealed law:
sentence has been a. When the provisions of the former
pronounced and the convict is law are reenacted
serving the same. b. When the repeal is by the
Ratio: This provision clearly has no direct implication
application to the provisions of the c. When there is a saving clause
Revised Penal Code. Its application to the
RPC can only be invoked where some Art. 23. Effect of pardon by the offended
former or subsequent law is under party. — A pardon of the offended party
consideration. does not extinguish criminal action
It must necessarily relate: except as provided in Article 344 of this
1. The penal laws existing prior to Code; but civil liability with regard to the
the RPC, in which the penalty
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
interest of the injured party is 4. Fines and other corrective
extinguished by his express waiver. measures which, in the exercise of their
Pardon by the offended party does not administrative disciplinary powers,
extinguish criminal action superior officials may impose upon their
EXCEPT as provided in ART 344 subordinates.
- Adultery
- Concubinage 5. Deprivation of rights and the
- Seduction reparations which the civil laws may
- Abduction establish in penal form.
- Acts of lasciviousness
BUT civil liability with regard to the Arrest and temporary detention =
interest of the injured party is preventive
extinguished by his express waiver Suspension from the employment =
preventive
Compromise does not extinguish Fines and other corrective measures =
criminal liability or civil liability preventive
Ratio: For it is a public offense which must
be prosecuted and punished by the Why they are not considered penalty?
government. - They are not imposed as a
result of judicial
Art. 24. Measures of prevention or safety proceedings
which are nor considered penalties. — - They are merely preventive
The following shall not be considered as measures before conviction
penalties: of offenders

1. The arrest and temporary Chapter Two

detention of accused persons, as well as CLASSIFICATION OF PENALTIES
their detention by reason of insanity or
imbecility, or illness requiring their Art. 25. Penalties which may be
confinement in a hospital.
Capital Punishment
2. The commitment of a minor to any Death
of the institutions mentioned in Article 80 Afflictive Penalties
and for the purposes specified therein. Reclusion Perpatua
Reclusion Temporal
3. Suspension from the employment Perpetual or temporary absolute
of public office during the trial or in order disqualification
to institute proceedings. Perpetual or temporary special
disqualification
Prision Mayor
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid

Correctional Penalties Bond to keep the peace

Prision Correctional Afflictive Over 6,000
Arresto Mayor Correctional 200 to 6000
Suspension Light Penalty Less than 200
Destierro
Light Penalties
ArrestoMenor
Public Censure (indivisible) Chapter Three
Penalties common to the three DURATION AND EFFECTS OF
preceding classes PENALTIES
Fine
Bond to keep the peace Section One. — Duration of Penalties
Accessory Penalties
Perpetual or temporary absolute
disqualification Art 27. Refer to Table 1
Perpetual or temporary special
disqualification Art. 28. Computation of penalties. — If
Suspension from public office, the right the offender shall be in prison, the term
to vote and be voted for, the of the duration of the temporary
profession or calling penalties shall be computed from the day
Civil interdiction on which the judgment of conviction
Indemnification shall have become final.
Forfeiture or confiscation of instrument
and proceeds of the offense If the offender be not in prison, the term
Payment of cost of the duration of the penalty consisting
of deprivation of liberty shall be
computed from the day that the offender
Art. 26. When afflictive, correctional, or is placed at the disposal of the judicial
light penalty. — A fine, whether imposed authorities for the enforcement of the
as a single of as an alternative penalty, penalty. The duration of the other
shall be considered an afflictive penalty, penalties shall be computed only from
if it exceeds 6,000 pesos; a correctional the day on which the defendant
penalty, if it does not exceed 6,000 pesos commences to serve his sentence.
but is not less than 200 pesos; and a light
penalty if it less than 200 pesos. 1. When the offender is in prison – the
day the judgment of conviction
Fine is: becomes final
Afflictive Over 6,000 2. When the offender is not in prison –
Correctional 200 to 6,000 placed at the disposal of judicial
Light Penalty Less than 200
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
authorities for the enforcement of the
penalty
3. The duration of other penalties – day
on which the offender commence to
serve his sentence
Examples of temporary penalties:
a. temporary absolute disqualification
b. temporary special disqualification
c. suspension
Art. 29. Period of preventive
imprisonment deducted from term of
imprisonment. — Offenders who have
undergone preventive imprisonment
shall be credited in the service of their
sentence consisting of deprivation of
liberty, with the full time during which
they have undergone preventive
imprisonment, if the detention prisoner
agrees voluntarily in writing to abide by
the same disciplinary rules imposed upon
convicted prisoners, except in the
following cases:
1. When they are recidivists or have
been convicted previously twice or more
times of any crime; and
2. When upon being summoned for
the execution of their sentence they have
failed to surrender voluntarily.
If the detention prisoner does not agree
to abide by the same disciplinary rules
imposed upon convicted prisoners, he
shall be credited in the service of his
sentence with four-fifths of the time
during which he has undergone
preventive imprisonment. (As amended
by Republic Act 6127, June 17, 1970).
Whenever an accused has undergone
preventive imprisonment for a period
equal to or more than the possible
maximum imprisonment of the offense
charged to which he may be sentenced
and his case is not yet terminated, he
shall be released immediately without
prejudice to the continuation of the trial
thereof or the proceeding on appeal, if
the same is under review. In case the
maximum penalty to which the accused
may be sentenced is destierro, he shall be
released after thirty (30) days of
preventive imprisonment.
Exception to the rule:
a. When they are recidivist, or have
been convicted previously twice or
more times of any crime
b. When upon being summoned for
the execution of their sentence
they have failed to surrender
voluntarily
Section Two – Effects of the penalties
according to their respective nature
Art 30-35 refer to Table 2
Art. 36. Pardon; its effect. — A pardon
shall not work the restoration of the right
to hold public office, or the right of
suffrage, unless such rights be expressly
restored by the terms of the pardon.
A pardon shall in no case exempt the
culprit from the payment of the civil
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
indemnity imposed upon him by the
sentence. 3. The fine.

Effects of pardon by the President: 4. The cost of the proceedings.

a. A pardon shall not restore the right to
hold public office or the right of Art. 39. Subsidiary penalty. — If the
suffrage. convict has no property with which to
EXCEPT: When any or both such right meet the fine mentioned in the
is or are expressly restored by the paragraph 3 of the nest preceding article,
term of the pardon he shall be subject to a subsidiary
b. It shall not exempt the culprit from the personal liability at the rate of one day for
payment of the civil indemnity. The each eight pesos, subject to the following
pardon cannot make an exception to rules.
this rule.
Summary of rules
Limitations upon the exercise of the a. If the penalty imposed is
Pardoning Power of the President prision correctional or arresto
a. That the power can be exercised only and fine – subsidiary
after conviction. imprisonment, not to exceed
b. That such power does not extend to 1/3 of the term of the sentence
cases of impeachment and in no case to continue for
more than 1 year. Fraction or
Art. 37. Cost; What are included. — Costs part of a day, not counted.
shall include fees and indemnities in the b. When the penalty imposed is
course of the judicial proceedings, fine only – subsidiary
whether they be fixed or unalterable imprisonment, not to exceed 6
amounts previously determined by law or months, if the culprit is
regulations in force, or amounts not prosecuted for graveor less
subject to schedule. grave felony, and not to
exceed 15 days, if prosecuted
Art. 38. Pecuniary liabilities; Order of for light felony.
payment. — In case the property of the c. When the penalty imposed is
offender should not be sufficient for the higher than rision correctional
payment of all his pecuniary liabilities, the – no subsidiary imprisonment
same shall be met in the following order: d. If the penalty imposed is not to
be executed by confinement,
1. The reparation of the damage caused. but of fixed duration –
subsidiary penalty shall cosist
2. Indemnification of consequential in the same deprivation as
damages. hose of the principal penalty,
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
under the same rules as in No persons criminally
1,2, and 3 above. liable and for the
e. In case the financial graduation of the
circumstances of the convict same.
should improve, he shall pay
the fine, notwithstanding the Art. 46. Penalty to be imposed upon
fact that convict suffered principals in general. — The penalty
subsidiary personal liability prescribed by law for the commission of
therefor. a felony shall be imposed upon the
principals in the commission of such
Section Three - felony.
Penalties in which
other accessory Whenever the law prescribes a penalty
penalties are for a felony is general terms, it shall be
inherent understood as applicable to the
consummated felony.
Art 40 – 44 refer to Table 1
Exception
Art. 45. Confiscation and forfeiture of the When the penalty to be imposed upon
proceeds or instruments of the crime. — the principal in frustrated or attempted
Every penalty imposed for the felony is fixed.
commission of a felony shall carry with it
the forfeiture of the proceeds of the
crime and the instruments or tools with
which it was committed.

Such proceeds and instruments or tools

shall be confiscated and forfeited in favor
of the Government, unless they be Stages of Gedree of Periods
property of a third person not liable for Execution Criminal
the offense, but those articles which are Participatio
not subject of lawful commerce shall be n
destroyed. Consummate Principal Maximu
d m
Chapter Four Frustrated Accomplice Medium
APPLICATION OF PENALTIES Attempted Accessory Minimu
m
Section One. — Rules
for the application of
penalties to the
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
Art. 47. In what cases the death penalty 6. Murder
shall not be imposed. 7. Infanticide
1. Below 18 years of age at the time of 8. Kidnapping and serious illegal
the commission of the crime detention
2. More than 70 years old 9. Robbery and homicide
3. Upon appeal or automatic review of 10. Destructive arson
the case 11. Rape with homicide
12. Plunder
A vote of majority must be obtained or 13. Certain violations of the Dangerous
else the penalty shall be reclusion Drugs Act
perpetua 14. Carnapping

Automatic review and judgment by the When a single act constitutes two or
court En Banc more grave or less grave felonies.
a. Within 20 days but not earlier than 15
days after the promulgation of the Requisites:
judgment or notice of denial of any a. That only a sinle act is performed
motion for new trial or by the offender
reconsideration. b. That the single act produce 2 or
b. The transcript shall be forwarded more grave felonies, or 2 or more
within 10 days after the filing grave and 1 or more less grave
*The 1987 Constitution merely felonies or 2 or more less grave
suspended the imposition of the death felonies.
penalty.
Sec 19 (1), Article III of the 1987 When an offense is a necessary means
Constitution for committing the other
RA 7659 – December 31 1993: restored
the death penalty for certain henoius
crime
RA 9346 – June 24, 2006: prohibited the Requisites:
imposition of the death penalty in lieu of a. That at least two offenses are
death committed
What is the justification for death b. That one or some of the offenses
pebalty? must be necessary to commit the
other
1. Treason c. That both of all the offenses must
2. Piracy be punished under the same
3. Qualified piracy statutes.
4. Qualified bribery *Light felonies produced by the same
5. Parricide act should be treated and punished as
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
separate offenses or may be commit, the following rules shall be
absorbed by the grave felony. observed:

a. Several light felonies resulting 1. If the penalty prescribed for the

from one single act – not complex. felony committed be higher than that
b. When the crime is committed by corresponding to the offense which the
force or violence, slight physical accused intended to commit, the penalty
injuries are absorbed. corresponding to the latter shall be
imposed in its maximum period.
Ratio: Slight physical injuries are the
necessary consequence of the force 2. If the penalty prescribed for the
or violence inherent in the crime of felony committed be lower than that
direct assault and rape. corresponding to the one which the
accused intended to commit, the penalty
Art. 48. Penalty for complex crimes. — for the former shall be imposed in its
When a single act constitutes two or maximum period.
more grave or less grave felonies, or
when an offense is a necessary means for 3. The rule established by the next
committing the other, the penalty for the preceding paragraph shall not be
most serious crime shall be imposed, the applicable if the acts committed by the
same to be applied in its maximum guilty person shall also constitute an
period. attempt or frustration of another crime, if
the law prescribes a higher penalty for
Two kinds of complex crimes: either of the latter offenses, in which case
1. When a single act constitutes two the penalty provided for the attempted
or more grave or less grave or the frustrated crime shall be imposed
felonies (Compound Crime) in its maximum period.
2. When an offense is a necessary
means for committing the other
(Complex Crime proper) Art 50 to 57
Rape with homicide is a SPECIAL Diagram of Application of Articles 50
COMPLEX Crime – punished with death – to 57
Article 266-b Consummat Frustrat Attempt
ed ed ed
Art. 49. Penalty to be imposed upon the Principal 0 1 2
principals when the crime committed is s
different from that intended. — In cases Accompl 1 2 3
in which the felony committed is different ices
from that which the offender intended to Accessor 2 3 4
ies
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
Title Four
EXTINCTION OF CRIMINAL LIABILITY
Chapter One
TOTAL EXTINCTION OF CRIMINAL
LIABILITY
Article 89. How criminal liability is totally
extinguished. Criminal liability is totally
extinguished. (PPSAMAD)
1. By the death of the convict, as to
the personal penalties; and as to
pecuniary penalties, liability
therefore is extinguished only
when the death of the offender
occurs before final judgment;
2. By service of the sentence;
3. By amnesty, which completely
extinguishes the penalty and all
its effects;
4. By absolute pardon;
5. By prescription of the crime
6. By prescription of the penalty;
7. By the marriage of the offended
woman, as provided in Article 344
of the RPC.
__________________
 Extinction of criminal liability
does not automatically extinguish
the civil liability
 Criminal liability totally
extinguished is a ground for
motion to quash.
GR: Death of the accused pending appeal
of his conviction extinguishes his criminal
liability as well as the civil liability base
solely on the offense committed.
XPN: The claim for civil liability survives
notwithstanding the death of accused, if
the same may also be predicated on a
source of obligation other than delict,
such as law, contracts, quasi-contracts
and quasi-delicts.
By death of the convict
 Death before final judgment- civil
liability is extinguished
 Death after final judgment- civil
liability is not extinguished.
 Death of the offended party does
not extinguish the criminal
liability of the offender.
By service of sentence
 When payment is made, the debt
is extinguished.
 But does not extinguish the civil
liability.
By amnesty
 It 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.
 Completely extinguished the
penalty and all its effects
 May be granted after conviction.
 Civil liability not extinguished.
By absolute pardon
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
 It 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.
 Absolute and conditional pardon.
By prescription of crime and by
prescription of penalty
 By prescription, the State or the
People loses the right to
prosecute the crime or to demand
the service of the penalty
imposed.
 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.
 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 in PoP: there be final
judgment and the period of time
prescribed by law for its
enforcement has elapsed.
By the marriage of the offended woman
 Pertaining to crimes of rape,
seduction, abduction or acts of
lasciviousness, as provided in
Art.344
 Must be contracted in good faith.
 If contracted only to avoid
criminal liability is devoid of legal
effects.
Article 90. Prescription of crimes.
Death, reclusion perpetua or reclusion
temporal ----20 years
Other afflictive penalties
(disqualification, prision mayor)---- 15
years
Correctional – 10 years, exept arrest
mayor ---- 5 years
Liable and other similar offenses shall
prescribe ---- 1 year
Oral defamation and slander by deed ---
- 6 months
Light offenses ---- 2 months
When the penalty fixed by law is a
compound one, the highest penalty shall
be made the basis of the application of
the rules contained in the first, second,
and third paragraphs of this article.
 In computing the period of
prescription, the first day is t be
excluded and the last day
included.
 Where the last day of the
prescriptive period for filing an
information falls on a Sunday or
legal holiday, the information can
no longer be filed on the next day
as the crime has already
prescribed.
 The prescription shall be
interrupted when proceedings are
instituted against the guilty
person, and shall begin to run
again if the proceedings are
dismissed for reasons not
constituting jeopardy.
 The accused cannot be convicted
of an offense lesser than that
charged if the lesser offense had
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
already prescribed at the time the
information was filed.
Art. 91. Computation of prescription of
offenses. — The period of prescription
shall commence to run from the day on
which the crime is discovered by the
offended party, the authorities, or their
agents, and shall be interrupted by the
filing of the complaint or information,
and shall commence to run again when
such proceedings terminate without the
accused being convicted or acquitted, or
are unjustifiably stopped for any reason
not imputable to him.
The term of prescription shall not run
when the offender is absent from the
Philippine Archipelago.
Art. 92. When and how penalties
prescribe. — The penalties imposed by
final sentence prescribe as follows:
1. Death and reclusion perpetua, in
twenty years;
2. Other afflictive penalties, in fifteen
years;
3. Correctional penalties, in ten years;
with the exception of the penalty of
arresto mayor, which prescribes in five
years;
4. Light penalties, in one year.
Art. 93. Computation of the prescription
of penalties. — The period of prescription
of penalties shall commence to run from
the date when the culprit should evade
the service of his sentence, and it shall be
interrupted if the defendant should give
himself up, be captured, should go to
some foreign country with which this
Government has no extradition treaty, or
should commit another crime before the
expiration of the period of prescription.
Chapter Two
PARTIAL EXTINCTION OF CRIMINAL
LIABILITY
Article 94. Partial extinction of criminal
liability.
1. By conditional pardon
2. By commutation of the sentence
3. For good conduct allowance
which the culprit may earn while
he is serving his sentence.
Conditional pardon
 A contract between the sovereign
power of the executive and the
convict that the former will release
the latter upon compliance with
the condition.
 Usual condition : he shall not
again violate any of the penal
laws of the Philippines.
Commutation of the sentence
 Change of the decision of the
court made by the Chief Executive
by reducing the degree of the
penalty inflicted upon the convict,
or decreasing the length f the
imprisonment or the amount of
the fine.
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
 Specific cases: when the convict
sentenced to death is over 70
years of age. (Art. 83) and when
eight justices of the Supreme
Court fail to reach a decision for
the affirmance of the death
penalty. In either case, the penalty
is reduced to reclusion perpetua.
 Consent of the offender is not
necessary. The public welfare, not
his consent, determines what shall
be done.
For good conduct allowances
 Deduction from the term of the
sentence for good behaviour.
 Loyal prisoner (Art.98) is entitled
of a deduction of 1/5 of the period
of his sentence.
Parole should be added in
enumeration
 Consists in the suspension of the
sentence of a convict after serving
the minimum term of the
indeterminate penalty, without
granting pardon, prescribing the
terms upon which the sentence
shall be suspended.
 If the convict fails to observe the
conditions of the parole, the
Board is authorized to direct his
arrest and return to custody and
thereafter to carry out his
sentence without deduction of the
time that has elapsed between the
date of the parole and the
subsequent arrest.
 The mere commission, not
conviction by the court, of any
crime is sufficient to warrant
parolee’s arrest and
reincarceration.
Art. 95. Obligation incurred by person
granted conditional pardon. — Any
person who has been granted
conditional pardon shall incur the
obligation of complying strictly with the
conditions imposed therein otherwise,
his non-compliance with any of the
conditions specified shall result in the
revocation of the pardon and the
provisions of Article 159 shall be applied
to him.
Article 159 provides
the
Art. 96. Effect of commutation of
sentence. — The commutation of the
original sentence for another of a
different length and nature shall have the
legal effect of substituting the latter in
the place of the former.
Art. 97. Allowance for good conduct. —
The good conduct of any prisoner in any
penal institution shall entitle him to the
following deductions from the period of
his sentence:
1. During the first two years of his
imprisonment, he shall be allowed a
deduction of five days for each month of
good behavior;
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
2. During the third to the fifth year,
inclusive, of his imprisonment, he shall be
allowed a deduction of eight days for
each month of good behavior;
3. During the following years until
the tenth year, inclusive, of his
imprisonment, he shall be allowed a
deduction of ten days for each month of
good behavior; and
4. During the eleventh and
successive years of his imprisonment, he
shall be allowed a deduction of fifteen
days for each month of good
behavior.chan robles virtual law library
Art. 98. Special time allowance for loyalty.
— A deduction of one-fifth of the period
of his sentence shall be granted to any
prisoner who, having evaded the service
of his sentence under the circumstances
mentioned in Article 58 of this Code,
gives himself up to the authorities within
48 hours following the issuance of a
proclamation announcing the passing
away of the calamity or catastrophe to in
said article.
Art. 99. Who grants time allowances. —
Whenever lawfully justified, the Director
of Prisons shall grant allowances for good
conduct. Such allowances once granted
shall not be revoked.
Title Five
CIVIL LIABILITY
Chapter One
PERSON CIVILLY LIABLE FOR FELONIES
Article 100. Civil liability of a person
guilty of felony – Every person
criminally liable for a felony is also
civilly liable.
As a general rule, an offense causes two
classes of injuries
1. Social injury, produced by the
disturbance and alarm which are
the outcome of the offense.
2. Personal injury, caused to the
victim of the crime who may have
suffered damage, either to his
person, to his property, to his
honor, or to her chastity.
Civil liability arising from offenses.
1. Every person who, contrary to law,
wilfully or negligently causes
damage to another, shall
indemnify the latter for the same
(Article 20, NCC)
2. Civil obligations arising from
criminal offenses shall be
governed by the penal laws.
(Article 1161, NCC)
But if there is no damage caused by the
commission of the crime, the offender is
not civilly liable.
 A slapped the face of the mayor
who was then in the performance
of his duty. Under Art 148, the
crime committed is direct assault.
As the slapping did not cause any
injury to the mayor, A is not civilly
liable.
Is acquittal in a criminal case means
extinction of his civil liability?
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
 The extinction of the penal action
does not carry with it extinction of
the civil. However, the civil action
based on delict shall be deemed
extinguished if there is a finding in
a final judgment in the criminal
action that the act or omission
from which the civil liability may
arise did not exist” (Revised Rules
of Criminal Procedure)
Art. 101. Rules regarding civil liability in
certain cases. — The exemption from
criminal liability established in
subdivisions 1, 2, 3, 5 and 6 of Article 12
and in subdivision 4 of Article 11 of this
Code does not include exemption from
civil liability, which shall be enforced
subject to the following rules:
First. In cases of subdivisions 1, 2, and 3
of Article 12, the civil liability for acts
committed by an imbecile or insane
person, and by a person under nine years
of age, or by one over nine but under
fifteen years of age, who has acted
without discernment, shall devolve upon
those having such person under their
legal authority or control, unless it
appears that there was no fault or
negligence on their part.
Should there be no person having such
insane, imbecile or minor under his
authority, legal guardianship or control,
or if such person be insolvent, said
insane, imbecile, or minor shall respond
with their own property, excepting
property exempt from execution, in
accordance with the civil law.
Second. In cases falling within subdivision
4 of Article 11, the persons for whose
benefit the harm has been prevented
shall be civilly liable in proportion to the
benefit which they may have received.
The courts shall determine, in sound
discretion, the proportionate amount for
which each one shall be liable.
When the respective shares cannot be
equitably determined, even
approximately, or when the liability also
attaches to the Government, or to the
majority of the inhabitants of the town,
and, in all events, whenever the damages
have been caused with the consent of the
authorities or their agents,
indemnification shall be made in the
manner prescribed by special laws or
regulations.
Third. In cases falling within subdivisions
5 and 6 of Article 12, the persons using
violence or causing the fears shall be
primarily liable and secondarily, or, if
there be no such persons, those doing
the act shall be liable, saving always to
the latter that part of their property
exempt from execution.
Art. 102. Subsidiary civil liability of
innkeepers, tavernkeepers and
proprietors of establishments. — In
default of the persons criminally liable,
innkeepers, tavernkeepers, and any other
persons or corporations shall be civilly
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
liable for crimes committed in their
establishments, in all cases where a
violation of municipal ordinances or
some general or special police regulation
shall have been committed by them or
their employees.
Innkeepers are also subsidiarily liable for
the restitution of goods taken by robbery
or theft within their houses from guests
lodging therein, or for the payment of the
value thereof, provided that such guests
shall have notified in advance the
innkeeper himself, or the person
representing him, of the deposit of such
goods within the inn; and shall
furthermore have followed the directions
which such innkeeper or his
representative may have given them with
respect to the care and vigilance over
such goods. No liability shall attach in
case of robbery with violence against or
intimidation of persons unless
committed by the innkeeper's
employees.chan robles virtual law library
Art. 103. Subsidiary civil liability of other
persons. — The subsidiary liability
established in the next preceding article
shall also apply to employers, teachers,
persons, and corporations engaged in
any kind of industry for felonies
committed by their servants, pupils,
workmen, apprentices, or employees in
the discharge of their duties.
Chapter Two
WHAT CIVIL LIABILITY INCLUDES
Article 104. What is included in civil
liability.
1. Restitution
2. Reparation of the damage caused
3. Indemnification for consequential
damages
Examples
1. Restitution- in theft the culprit is
duty-bound to return the
property stolen.
2. Reparation – in case of inability of
return the property stolen, the
culprit must pay the value of the
property stolen; in case of physical
injuries, the reparation of the
damages caused would consist in
the payment of hospital bills and
doctors fees to the offended party.
3. Indemnifications – the loss of his
salary or earning.
Civil liabilities distinguish from pecuniary
liabilities(Art 38).
1. Both include (a) reparation of the
damage caused, and (b)
indemnification for consequential
damages.
2. While civil liabilities include
restitution, pecuniary liabilities do
not include restitution, because
the latter refer to liabilities to be
paid out of the property of the
offender. In restitution, there is
nothing to pay in terms of money,
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
as the property unlawfully taken is
returned.
3. Pecuniary liabilities include (a) fin,
and (b) the costs of the
proceedings. Civil liabilities do not
include them.
Art. 105. Restitution; How made. — The
restitution of the thing itself must be
made whenever possible, with allowance
for any deterioration, or diminution of
value as determined by the court.
The thing itself shall be restored, even
though it be found in the possession of a
third person who has acquired it by lawful
means, saving to the latter his action
against the proper person, who may be
liable to him.
This provision is not applicable in cases in
which the thing has been acquired by the
third person in the manner and under the
requirements which, by law, bar an action
for its recovery.
Art. 106. Reparation; How made. — The
court shall determine the amount of
damage, taking into consideration the
price of the thing, whenever possible, and
its special sentimental value to the
injured party, and reparation shall be
made accordingly.chan robles virtual law
library
Art. 107. Indemnification; What is
included. — Indemnification for
consequential damages shall include not
only those caused the injured party, but
also those suffered by his family or by a
third person by reason of the crime.
Art. 108. Obligation to make restoration,
reparation for damages, or
indemnification for consequential
damages and actions to demand the
same; Upon whom it devolves. — The
obligation to make restoration or
reparation for damages and
indemnification for consequential
damages devolves upon the heirs of the
person liable.
The action to demand restoration,
reparation, and indemnification likewise
descends to the heirs of the person
injured.
Art. 109. Share of each person civilly
liable. — If there are two or more persons
civilly liable for a felony, the courts shall
determine the amount for which each
must respond.
Art. 110. Several and subsidiary liability of
principals, accomplices and accessories
of a felony; Preference in payment. —
Notwithstanding the provisions of the
next preceding article, the principals,
accomplices, and accessories, each within
their respective class, shall be liable
severally (in solidum) among themselves
for their quotas, and subsidiaries for
those of the other persons liable.
The subsidiary liability shall be enforced,
first against the property of the
principals; next, against that of the
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
accomplices, and, lastly, against that of
the accessories.
Whenever the liability in solidum or the
subsidiary liability has been enforced, the
person by whom payment has been
made shall have a right of action against
the others for the amount of their
respective shares.
Art. 111. Obligation to make restitution in
certain cases. — Any person who has
participated gratuitously in the proceeds
of a felony shall be bound to make
restitution in an amount equivalent to the
extent of such participation.
Chapter Three
EXTINCTION AND SURVIVAL OF CIVIL
LIABILITY
Article 112. Extinction of civil liability.
1. By payment or performance;
2. By the loss of the thing due;
3. By the condonation or remission
of the debt;
4. By the confusion or erger of the
rights of creditor and debtor;
5. By compensation
6. By novation.
 Civil liability may arise from :
crime, breach of contract(culpa
contractual) or tortuous act (culpa
aquilana)
 Others: annulment, rescission,
fulfilment of a resolutory
condition, and prescription,
governed in another article.
 Civil liability is extinguished by
subsequent agreement between
the accused and the offended
party. (novation)
 Express condonation by the
offended party has the effect of
waiving civil liability with regard to
the interest of the injured party.
.
Art. 113. Obligation to satisfy civil liability.
— Except in case of extinction of his civil
liability as provided in the next preceding
article the offender shall continue to be
obliged to satisfy the civil liability
resulting from the crime committed by
him, notwithstanding the fact that he has
served his sentence consisting of
deprivation of liberty or other rights, or
has not been required to serve the same
by reason of amnesty, pardon,
commutation of sentence or any other
reason.chan robles virtual law library
INDETERMINATE SENTENCE LAW
(Act No. 4103 as amended by Act No.
4225| December 5, 1933)
 In the application of the
Indeterminate Sentence Law, the
judge will get the maximum
penalty and likewise the minimum
penalty. If the accused was already
able to serve the minimum term of
his indeterminate sentence and
upon the approval of the Board,
the accused now becomes eligible
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
for parole. ISLAW is favourable to
the accused.
 The maximum term of which shall
not exceed the maximum fixed by
said law and the minimum shall
not be less than the minimum
term prescribe by the same.

If the accused was granted parole and

violated some conditions of the
parole, what will happen?

 A warrant of arrest will be issued

by the court and the accused will
be made to serve the rest of the
remaining or unexpired portion of PROBATION LAW OF 1976
his sentence.
Probation defined.
ISLAW shall not apply to:
 Disposition under which a
defendant, after conviction and
1. Persons convicted of offenses
sentence, is released subject to
punished with death penalty or
condition imposed by the court
life-imprisonment.
and to the supervision of a
2. Those convicted of misprision of
probation officer.
treason, rebellion, sedition or  A type of criminal sentence that
espionage. permits the offender to remain in
3. Those convicted of piracy. the community setting in lieu of
4. Habitual delinquents. serving time in jail environment.
5. Fugitives The defendant remains free so
6. Those who having been granted long as the terms of the probation
by conditional pardon by the Chief are being met.
Executive shall have violated the
terms thereof.
Purpose
7. Those whose maximum term of
 Correction and rehabilitation of an
imprisonment does not exceed
offender
one year.
 Opportunity for the reformation
8. Those already sentenced by final
of an offender
judgment at the time of approval
 Prevent commission of offenses
of this Act.
Conditions of Probation
SHALL:
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
1. Present himself to the change is residence w/o its
probation officer prior written approval.
designated to undertake his 11. Satisfy any other condition
supervision at such place as related to rehabilitation.
may be specified in the
order within seventy-two
hours from receipt of said Probation and Parole distinguished.
order.  Probation and parole are both
2. Report to the probation alternatives to incarceration.
officer at least once a month However, probation occurs
at such time and place as prior to and often instead of
specified by said officer. jail or prison time, while parole
is an early release from prison.
In both probation and parole,
MAY BE REQUIRED: the party is supervised and
1. Cooperate with a program expected to follow certain
of supervision. rules and guidelines. These
2. Meet his family guidelines are called
responsibilities conditions of parole, or
3. Devote himself to a specific probation conditions, and in
employment and not to change both circumstances, the party
said employment without prior is expected to submit to
written approval of the warrantless searches, without
probation officer. probable cause.
4. Undergo medical and
psychological examinations.  Probation refers to a period of
5. Pursue a prescribed secular time before a person is actually
study or vocational training. sent to prison or jail. When
6. Attend recreational defendants receive probation,
activities instead of pronouncing the
7. Refrain from visiting sentence and sending them
houses of ill-repute straight to prison or jail, the
8. Abstain from drinking judge gives them an
intoxicating beverages to opportunity to show that they
excess want to rehabilitate
9. Permit the probation themselves. I this case, either
officer to visit his home or the party is given probation
workplace. without a pre-determined
10. Reside at premises sentence, or the judge will find
approved by it and not to the defendant guilty, and
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
temporarily suspend the
sentence while the defendant
is on probation. If defendant
does everything the judge
instructs them to do, then they
will not be sent to prison to
finish their sentence or give a
new sentence based on the
probation violation and initial
crime.
 Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
Table 1

Penalties
Entire Length Minimum Length Medium Length Maximum Legth
Type Acessory Penalties
Min Max Min Max Min Max Min Max

When not executed by reason of

commutation or pardon shall carry
Death Currently Suspended 1)perpetual absolute disqualification and 2)
civil interdiction for 30 years, if not
expressly remitted in the pardon

Reclusion Perpetua 20 years and 1 day to 40 years

1) civil interdiction for life or during the
sentence 2) perpetual absolute
disqualification, unless expressly remitted in
the pardon of the principal penalty
Reclusion Temporal 12 yrs and 1 day 20 yrs 12 yrs and 1 day 14 yrs and 8 months 14 yrs and 8 months 17 yrs and 4 months 17 yrs and 4 months 20 yrs

1) temporary absolute disqualification and

2) perpetual special disqualification from
Prision Mayor 6 years and 1 day 12 yrs 6 yrs and 1 day 8 years 8 yrs and 1 day 10 years 10 yrs and 1 day 12 yrs
suffrage, unless expressly remitted in the
pardon of the principal penalty.
1) suspension from public office, profession
or calling, and 2) perpetual special
disqualification from suffrage, if the
Prision correctional 6 months and 1 day 6 yrs 6 months and 1 day 2 yrs and 4 months 2 yrs, 4 months and 1 day 4 yrs and 2 months 4 yrs, 2 months and 1 day 6 yrs
duration of imprisonment exceeds 18
months, unless expressly remitted in the
pardon of the principal penalty

Arresto Mayor 1 month and 1 day 6 months 1 month 2 months 2 months and 1 day 4 months 4 months and 1 day 6 months
Suspension of the right to hold office and
the right of suffrage during the term of the
Arresto menor 1 day 30 days 1 day 10 days 11 days 20 days 21 days 30 days sentence

In what case is destierro imposed?

In the following cases:

1. serious phusical injuries or death under exceptional
circumstances Art 247

2. In case of failure to give bond for good behaviour Art 284

3. As a penalty for the concubine in concubinage art 334

4. In cases where after reducing the penalty by one or
more degrees destierro is the proper penalty.
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid
Table 2
Effects of Penalties according to its nature

a. Deprivation of public offices and employment, even if by election

b. Deprivation of right to vote or tobe elected
Perpetual or temporary absolute disqualification for public
office produces the following effects: c. Disqualification for the offices or public employment and for the exercise of
any of the rights mentioned

d. Lose of right to retirement pay or pension for any office formerly held.

a. Deprivation of the office, employment, profession or calling affected.

Perpetual or temporary special disqualification for public
office, profession or calling
b. Disqualification for holding similar offices or employments perpetually or
during the term of the sentence

Perpetual or temporary special disqualification for the a. Deprivation of the right to vote o tobe elected to any public office
exercise of the right of suffrage produce the following effects
b. Cannot hold any office during the period of disqualification

a. Disqualification from holding such office or exercising such profession or

Suspension from public office, profession or calling or the right calling or right of suffrage during the term of the sentence
ofsuffrage
b. if suspended from public office, the offender cannot hold another office
having similar functions during the period of suspension

a. Deprivation of the right of parental authority or guarianship of any ward

b. Deprivation of marital authority
Civil interdiction
c. Deprivation of te right to manage his property and of the right to dispose of
such property by any act or any conveyance inter vivos

a. The offender must present two sufficient sureties who shall undertake that
Bonds to keep the peace the offender will not commit the offense
b. The offender must deposit such amount
c. The offender may be detained

“If you know the enemy and yourself, you need not fear the result of a hundred
battles”.
Sun Tzu

God bless!
Reviewer for Criminal Law 1
Xavier University College of Law (2016) BLOCK B | Joan AbelardoLanzaderas, NitchelleRosan Entice Gaid