Criminal Law I Notes by Rene Callanta

Codal Provisions and Notes in CRIMINAL LAW BOOK I by RENE
CALLANTA
*** CULLED FROM THE BOOKS OF REYES, GREGORIO, PALATTAO &
SANDOVAL WITH EXCERPTS FROM ORTEGA NOTES
CRIMINAL LAW A branch of municipal law which defines crimes, treats of their nature and
provides for their punishment.
Legal Basis of Punis!ent
The power to punish violators of criminal law comes within the police power of
the state. It is the injury inflicted to the public which a criminal action seeks to
redress, and not the injury to the individual.
* The objective of the punishment is two-fold: absolute and relative. The abso!"#
"$#o%& is to inflict punishment as a form of retributive justice. It is to destroy wrong
in its effort to annihilate right, to put an end to the criminal activity of the offender.
On the other hand, the %#a"'(# "$#o%& purports to prevent the offender from
further offending public right or to the right to repel an imminent or actual
aggression, exemplary or by way of example to others not to follow the path taken
by the offender and ultimately for reformation or to place him under detention to
teach him the obligations of a law-abiding citien.
Po"er to Ena#t Penal La"s
Only the legislative branch of the government can enact penal laws. !hile the
"resident may define and punish an act as a crime, such exercise of power is not
executive but legislative as he derives such power from the law-making body. It is in
essence, an exercise of legislative power by the #hief $xecutive.
Limitations on the power of Congress to enact penal laws
1. Must be general in application.
2. Must not partake of the nature of an ex post facto law.
3. Must not partake of the nature of a bill of attainder.
4. Must not impose cruel and unusual punishment or excessive fines.
Characteristics of Criminal Law: (G.T..!
1. G"N"RAL the law is binding to all persons who reside in the !hilippines
Generality of criminal law means that the criminal law of the country governs all persons within the
country regardless of their race, belief, sex, or creed. However, it is subject to certain exceptions brought
about by international agreement. Ambassadors, chiefs of states and other diplomatic officials are
immune from the application of penal laws when the" are in the countr" where the" are assigned.

* Note that consuls are not diplomatic officers. #his includes consul$general, vice$consul or an" consul in
a foreign countr", who are therefore, not immune to the operation or application of the penal law of the
countr" where the" are assigned. %onsuls are sub&ect to the penal laws of the countr" where the" are
assigned.
* It has no reference to territory. 'henever "ou are asked to explain this, it does not include territor". (t
refers to persons that ma" be governed b" the penal law.
E$#e%tions to general a%%li#ation of #ri!inal la"&
a% principles of public international law
b% treaties or treaty stipulations
c% laws of preferential application
2. T"RRIT#RIAL the law is binding to all crimes committed within the )ational #erritor" of
the !hilippines
Exception to Territorial Application* (nstances enumerated under Article 2.
Sigma Rho ( ) reviewers
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CALLANTA
Territoriality means that the penal laws of the countr" have force and effect onl" within its territor". (t
cannot penali+e crimes committed outside the same. #his is sub&ect to certain exceptions brought about
b" international agreements and practice. #he territor" of the countr" is not limited to the land where its
sovereignt" resides but includes also its maritime and interior waters as well as its atmosphere.
Terrestrial jurisdiction is the &urisdiction exercised over land.
Fluvial jurisdiction is the &urisdiction exercised over maritime and interior waters.
erial jurisdiction is the &urisdiction exercised over the atmosphere.
The Archipelagic R$le
ll bodies of water comprising the maritime !one and interior waters abounding different islands
comprising the "hilippine rchipelago are part of the "hilippine territory regardless of their breadth, depth,
width or dimension.
W$a" D#"#%)'*#s +!%'s,'-"'o* '* a C%')'*a Cas#.
&. "lace where the crime was committed'
(. The nature of the crime committed' and
). The person committing the crime.
3. R#%"CTI&" (Prospectivity) the law does not have an" retroactive effect.
Exception to Prospective Application: when new statute is favorable to the accused.

#his is also called irretrospectivity.
* cts or omissions will only be subject to a penal law if they are committed after a penal law had already
ta#en effect. ,ice$versa, this act or omission which has been committed before the effectivit" of a penal
law could not be penali+ed b" such penal law because penal laws operate onl" prospectivel".
* The exception where a penal law may be given retroactive application is true only with a
repealing law. If it is an original penal law, that exception can never operate. 'hat is contemplated b"
the exception is that there is an original law and there is a repealing law repealing the original law. (t is the
repealing law that ma" be given retroactive application to those who violated the original law, if the
repealing penal law is more favorable to the offender who violated the original law. (f there is onl" one
penal law, it can never be given retroactive effect.
"ffect of repeal of penal law to lia'ilit( of offen)er
A repeal is absolute or total when the crime punished under the repealed law has been decriminali!ed
by the repeal. $ecause of the repeal, the act or omission which used to be a crime is no longer a crime.
An example is -epublic Act )o. .3/3, which decriminali+ed subversion.
A repeal is partial or relative when the crime punished under the repealed law continues to be a crime
inspite of the repeal. This means that the repeal merely modified the conditions affecting the crime under
the repealed law. #he modification ma" be pre&udicial or beneficial to the offender. 0ence, the following
rule*
Conse*$ences if repeal of penal law is total or a'sol$te
%&' If a case is pending in court involving the violation of the repealed law, the same shall be dismissed,
even though the accused may be a habitual delin(uent. #his is so because all persons accused
of a crime are presumed innocent until the" are convicted b" final &udgment. Therefore, the
accused shall be ac(uitted.
%)' If a case is already decided and the accused is already serving sentence by final judgment, if the convict
is not a habitual delin(uent, then he will be entitled to a release unless there is a reservation
clause in the penal law that it will not apply to those serving sentence at the time of the repeal.
$ut if there is no reservation, those who are not habitual delin(uents even if they are already
serving their sentence will receive the benefit of the repealing law. They are entitled to release.
This does not mean that if they are not released, they are free to escape. (f the" escape, the"
commit the crime of evasion of sentence, even if there is no more legal basis to hold them in the
penitentiar". #his is so because prisoners are accountabilities of the government1 the" are not
supposed to step out simpl" because their sentence has alread" been, or that the law under which
the" are sentenced has been declared null and void.
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CALLANTA
(f the" are not discharged from confinement, a petition for habeas corpus should be filed to test
the legalit" of their continued confinement in &ail.
If the convict, on the other hand, is a habitual delinquent, he will continue serving the sentence in
spite of the fact that the law under which he was convicted has already been absolutely repealed.
#his is so because penal laws should be given retroactive application to favor onl" those who are
not habitual delin2uents.
Conse*$ences if repeal of penal law is partial or relati+e
%&' If a case is pending in court involving the violation of the repealed law, and the repealing law is more
favorable to the accused, it shall be the one applied to him. 3o whether he is a habitual
delin2uent or not, if the case is still pending in court, the repealing law will be the one to appl"
unless there is a saving clause in the repealing law that it shall not appl" to pending causes of
action.
425 If a case is already decided and the accused is already serving sentence by final judgment, even if the
repealing law is partial or relative, the crime still remains to be a crime. Those who are not
habitual delin(uents will benefit on the effect of that repeal, so that if the repeal is more lenient to
them, it will be the repealing law that will henceforth apply to them.
Express or implied repeal. 6xpress or implied repeal refers to the manner the repeal is done.
Express repeal ta#es place when a subse(uent law contains a provision that such law repeals an earlier
enactment. 7or example, in -epublic Act )o. /428 4#he 9angerous 9rugs Act of 1:.25, there is an
express provision of repeal of #itle , of the -evised !enal %ode.
Implied repeals are not favored. It re(uires a competent court to declare an implied repeal. n implied
repeal will ta#e place when there is a law on a particular subject matter and a subse(uent law is passed
also on the same subject matter but is inconsistent with the first law, such that the two laws cannot stand
together, one of the two laws must give way. It is the earlier that will give way to the later law because the
later law expresses the recent legislative sentiment. 3o "ou can have an implied repeal when there are
two inconsistent laws. 'hen the earlier law does not expressl" provide that it is repealing an earlier law,
what has taken place here is implied repeal. (f the two laws can be reconciled, the court shall alwa"s tr" to
avoid an implied repeal.
7or e,ample, under Article :, light felonies are those infractions of the law for the commission of which a
penalt" of arresto ma"or or a fine not exceeding !2;;.;; or both is provided. <n the other hand, under
Article 2/, a fine whether imposed as a single or an alternative penalt", if it exceeds !/,;;;.;; but is not
less than ! 2;;.;;, is considered a correctional penalt". #hese two articles appear to be inconsistent.
3o to harmoni+e them, the 3upreme %ourt ruled that if the issue involves the prescription of the crime, that
felon" will be considered a light felon" and, therefore, prescribes within two months. =ut if the issue
involves prescription of the penalt", the fine of !2;;.;; will be considered correctional and it will prescribe
within 1; "ears. %learl", the court avoided the collision between the two articles.
Conse*$ences if repeal of penal law is e,press or implie)
%&' If a penal law is impliedly repealed, the subse(uent repeal of the repealing law will revive the
original law. 3o the act or omission which was punished as a crime under the original law will be
revived and the same shall again be crimes although during the implied repeal the" ma" not be
punishable.

%)' If the repeal is express, the repeal of the repealing law will not revive the first law, so the act or
omission will no longer be penali+ed.
* These effects of repeal do not apply to self-repealing laws or those which have automatic termination.
An example is the -ent %ontrol >aw which is revived b" %ongress ever" two "ears.
* 'hen there is a repeal, the repealing law expresses the legislative intention to do awa" with such law,
and, therefore, implies a condonation of the punishment. 3uch legislative intention does not exist in a self$
terminating law because there was no repeal at all.
* In Co v. CA decided on !ctober "# $%%& it was held that the principle of prospectivity of statutes
also applies to administrative rulings and circulars.
Theories of Criminal Law
1. CLA%%ICAL T-"#R. Man is essentiall" a moral creature with an absolute free will to
choose between good and evil and therefore more stress is placed upon the result of the
felonious act than upon the criminal himself.
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CALLANTA
* The purpose of penalty is retribution. The offender is made to suffer for the wrong he has done. There
is scant regard for the human element of the crime. The law does not loo# into why the offender
committed the crime. +apital punishment is a product of this #ind of this school of thought. ,an is
regarded as a moral creature who understands right from wrong. -o that when he commits a wrong, he
must be prepared to accept the punishment therefore.
2. #%ITI&I%T T-"#R. Man is subdued occasionall" b" a strange and morbid phenomenon
which conditions him to do wrong in spite of or contrar" to his volition.
*#rime is essentially a social and natural phenomenon%
* The purpose of penalty is reformation. There is great respect for the human element because the
offender is regarded as socially sic# who needs treatment, not punishment. +rimes are regarded as social
phenomena which constrain a person to do wrong although not of his own volition
"CL"CTIC #R MI/"0 -IL#%#-.
. This combines both positivist and classical thin#ing. +rimes that are economic and social and nature
should be dealt with in a positivist manner/ thus, the law is more compassionate. Heinous crimes should
be dealt with in a classical manner/ thus, capital punishment.
%o$rces of Criminal Law
1. #he -evised !enal %ode
2. 3pecial !enal >aws Acts enacted of the !hilippine >egislature punishing offenses or
omissions.
Constr$ction of enal Laws
1. %riminal 3tatutes are liberall" construed in favor of the offender. #his means that no person
shall be brought within their terms who is not clearl" within them, nor should an" act be
pronounced criminal which is not clearl" made so b" statute.
2. #he original text in which a penal law is approved in case of a conflict with an official
translation.
3. (nterpretation b" analog" has no place in criminal law
1A%IC MA/IM% IN CRIMINAL LAW
0#CTRIN" #2 R# R"#
0henever a penal law is to be construed or applied and the law admits of two interpretations 1 one lenient
to the offender and one strict to the offender 1 that interpretation which is lenient or favorable to the
offender will be adopted.
* #his is in consonance with the fundamental rule that all doubts shall be construed in favor of the
accused and consistent with presumption of innocence of the accused. #his is peculiar onl" to criminal
law.
N3LL3M CRIM"N4 N3LLA #"NA %IN" L"G"
There is no crime when there is no law punishing the same. #his is true to civil law countries, but not to
common law countries.
=ecause of this maxim, there is no common law crime in the "hilippines. )o matter how wrongful, evil or
bad the act is, if there is no law defining the act, the same is not considered a crime.
%ommon law crimes are wrongful acts which the communit"?societ" condemns as contemptible, even
though there is no law declaring the act criminal.
)ot an" law punishing an act or omission ma" be valid as a criminal law. (f the law punishing an act is
ambiguous, it is null and void.
ACT3% N#N 2ACIT R"3M4 NI%I M"N% %IT R"A
The act cannot be criminal where the mind is not criminal. #his is true to a felon" characteri+ed b" dolo,
but not a felon" resulting from culpa. #his maxim is not an absolute one because it is not applied to
culpable felonies, or those that result from negligence.
3TILITARIAN T-"#R. #R R#T"CTI&" T-"#R.
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CALLANTA
The primary purpose of the punishment under criminal law is the protection of society from actual and
potential wrongdoers. #he courts, therefore, in exacting retribution for the wronged societ", should direct
the punishment to potential or actual wrongdoers, since criminal law is directed against acts and omissions
which the societ" does not approve. %onsistent with this theor", the mala prohibita principle which
punishes an offense regardless of malice or criminal intent, should not be utili+ed to appl" the full
harshness of the special law.
* In 'agno v CA decided on (une ") $%%"4 the 3upreme %ourt ac2uitted Magno of violation of =atas
!ambansa =lg. 22 when he acted without malice. The wrongdoer is not ,agno but the lessor who
deposited the chec#s. He should have returned the chec#s to ,agno when he pulled out the e(uipment.
#o convict the accused would defeat the noble ob&ective of the law and the law would be tainted with
materialism and opportunism.
MALA IN %" AN0 MALA R#-I1ITA
iolations of the !evised Penal "ode are referred to as malum in se, which literall" means, that the act is
inherentl" evil or bad or per se wrongful. <n the other hand, violations of special laws are generall" referred
to as malum prohibitum.
* )ote, however, that not all violations of special laws are mala prohibita. 'hile intentional felonies are
alwa"s mala in se, it does not follow that prohibited acts done in violation of special laws are alwa"s mala
prohibita. 2ven if the crime is punished under a special law, if the act punished is one which is inherently
wrong, the same is malum in se, and, therefore, good faith and the lac# of criminal intent is a valid
defense/ unless it is the product of criminal negligence or culpa.
* >ikewise when the special laws re(uires that the punished act be committed #nowingly and willfully,
criminal intent is re(uired to be proved before criminal liability may arise.
* 0hen the act penali!ed is not inherently wrong, it is wrong onl" because a law punishes the same.
7or example, !residential 9ecree )o. 832 punishes pirac" in !hilippine waters and the special law
punishing brigandage in the highwa"s. #hese acts are inherentl" wrong and although the" are punished
under special law, the acts themselves are mala in se1 thus, good faith or lack of criminal intent is a
defense.
Maa '* s# (s/ Maa 0%o$'b'"a
Cri!es !ala in se Cri!es !ala %roibita
Those so serious in their effects on
society as to call for almost
unanimous condemnation of its
members'
Those violations of mere rules of
convenience designed to secure a
more orderly regulation of the affairs
of society
#riminal intent necessary #riminal intent is not necessary
+efers generally to felonies defined
and penalied by the +evised "enal
#ode
+efers generally to acts made
criminal by special laws
0istinction 'etween crimes p$nishe) $n)er the Re+ise) enal Co)e an) crimes p$nishe) $n)er
special laws
1. #s to moral trait of the offender
In crimes punished under the 3evised "enal +ode, the moral trait of the offender is considered.
#his is wh" liabilit" would onl" arise when there is dolo or culpa in the commission of the
punishable act.
In crimes punished under special laws, the moral trait of the offender is not considered1 it is
enough that the prohibited act was voluntaril" done.
2. #s to use of good faith as defense
In crimes punished under the 3evised "enal +ode, good faith or lack of criminal intent is a valid
defense1 unless the crime is the result of culpa
In crimes punished under special laws, good faith is not a defense
3. #s to degree of accomplishment of the crime
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CALLANTA
In crimes punished under the 3evised "enal +ode, the degree of accomplishment of the crime is
taken into account in punishing the offender1 thus, there are attempted, frustrated, and
consummated stages in the commission of the crime.
In crimes punished under special laws, the act gives rise to a crime onl" when it is consummated1
there are no attempted or frustrated stages, unless the special law expressl" penali+e the mere
attempt or frustration of the crime.
4. #s to mitigating and aggravating circumstances
In crimes punished under the 3evised "enal +ode, mitigating and aggravating circumstances are
taken into account in imposing the penalt" since the moral trait of the offender is considered.
In crimes punished under special laws, mitigating and aggravating circumstances are not taken
into account in imposing the penalt".
8. #s to degree of participation
In crimes punished under the 3evised "enal +ode, when there is more than one offender, the
degree of participation of each in the commission of the crime is taken into account in imposing
the penalt"1 thus, offenders are classified as principal, accomplice and accessor".
In crimes punished under special laws, the degree of participation of the offenders is not
considered. All who perpetrated the prohibited act are penali+ed to the same extent. #here is no
principal or accomplice or accessor" to consider.
Test to )etermine if +iolation of special law is mal$m prohi'it$m or mal$m in se
Anal"+e the violation* (s it wrong because there is a law prohibiting it or punishing it as such@ (f "ou
remove the law, will the act still be wrong@
If the wording of the law punishing the crime uses the word 4willfully5, then malice must be proven. 0here
malice is a factor, good faith is a defense.
In violation of special law, the act constituting the crime is a prohibited act. Therefore culpa is not a basis
of liability, unless the special law punishes an omission.
$hen given a problem, ta%e note if the crime is a violation of the !evised Penal "ode or a special law&
C#0AL R#&I%I#N% #2 T-" R..C.
Art. 5. This Co)e shall ta6e effect on 7an$ar( 54 589:.
Art. :. #pplication of its provisions. ;; Except as provided in the treaties and laws
of preferential application4 the pro+isions of this Co)e shall 'e enforce) not onl(
within the hilippine Archipelago incl$)ing its atmosphere4 its interior waters an)
Maritime <one4 '$t also o$tsi)e of its =$ris)iction4 against those who:
5. %ho$l) commit an offense while on a hilippine ship or airship>
:. %ho$l) forge or co$nterfeit an( coin or c$rrenc( note of the hilippine
Islan)s or o'ligations an) sec$rities iss$e) '( the Go+ernment of the hilippine
Islan)s>
9. %ho$l) 'e lia'le for acts connecte) with the intro)$ction into these
islan)s of the o'ligations an) sec$rities mentione) in the prece)ing n$m'er>
?. While 'eing p$'lic officers or emplo(ees4 sho$l) commit an offense in
the e,ercise of their f$nctions> or 4-ome of these crimes are bribery, fraud against national
treasury, malversation of public funds or property, and illegal use of public funds/ e.g., judge
who accepts a bribe while in 6apan.'
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CALLANTA
@. %ho$l) commit an( crimes against the national sec$rit( an) the law of
nations4 )efine) in Title #ne of 1oo6 Two of this Co)e. %These crimes include treason,
espionage, piracy, mutiny, inciting to war or giving motives for reprisals, correspondence with
hostile country, flight to enemy7s country and violation of neutrality'
*ules as to crimes committed aboard foreign merchant vessels+
1. 2R"NC- R3L" 3uch crimes are not triable in the courts of that countr", unless
their commission affects the peace and securit" of the territor" or the safet" of the state is
endangered.
2. "NGLI%- R3L" 3uch crimes are triable in that countr", unless the" merel"
affect things within the vessel or the" refer to the internal management thereof. ('his is
applicable in the Philippines)
Re*$irements of Aan offense committe) while on a hilippine %hip or AirshipB
1. -egistered with the !hilippine =ureau of %ustoms
2. 3hip must be in the high seas or the airship must be in international airspace.
* Ander international law rule, a vessel which is not registered in accordance with the laws of any country
is considered a pirate vessel and pirac" is a crime against humanit" in general, such that wherever the
pirates ma" go, the" can be prosecuted.
() v& *ull
A crime which occurred on board of a foreign vessel, which began when the ship was in a
foreign territor" and continued when it entered into !hilippine waters, is considered a continuing
crime. 0ence within the &urisdiction of the local courts.
Two situations where the foreign country may not apply its criminal law even if a crime was
committed on board a vessel within its territorial waters and these are+
%&' 0hen the crime is committed in a war vessel of a foreign country, because war vessels are part of
the sovereignt" of the countr" to whose naval force the" belong/
%)' 0hen the foreign country in whose territorial waters the crime was committed adopts the French
3ule, which applies onl" to merchant vessels, except when the crime committed affects the
national securit" or public order of such foreign countr".
When p$'lic officers or emplo(ees commit an offense in the e,ercise of their f$nctions
s a general rule, the -evised !enal %ode governs onl" when the crime committed pertains to the
exercise of the public officialBs functions, those having to do with the discharge of their duties in a foreign
countr". #he functions contemplated are those, which are, under the law, to be performed b" the public
officer in the 7oreign 3ervice of the !hilippine government in a foreign countr".
Exception8 #he -evised !enal %ode governs if the crime was committed within the !hilippine 6mbass"
or within the embass" grounds in a foreign countr". #his is because embass" grounds are considered an
extension of sovereignt".
Art 9. +efinitions& ;; Acts an) omissions p$nisha'le '( law are felonies (delitos!.
2elonies are committe) not onl( '( means of )eceit ,,oo1 '$t also '( means of
fa$lt ,-!0a-.
There is )eceit when the act is performe) with )eli'erate intent> an) there is fa$lt
when the wrongf$l res$lts from impr$)ence4 negligence4 lac6 of foresight4 or lac6
of s6ill.
Acts an overt or external act
#mission failure to perform a dut" re2uired b" law.
* #o be considered as a felon" there must be an act or omission1 a mere imagination no matter how
wrong does not amount to a felon". An act refers to an" kind of bod" movement that produces change in
the outside world.
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CALLANTA
* In 2#o*& b& o)'ss'o* however, there must be a law re,uiring the doing or the
performance of an act. Thus, mere passive presence at the scene of the crime, mere
silence and failure to give the alarm, without evidence of agreement or conspiracy is
not punishable.
2xample of an omission8 failure to render assistance to an"one who is in danger of d"ing or is in
an uninhabited place or is wounded $ abandonment.
2elonies $ acts and omissions punishable b" the -evised !enal %ode
#ffense$ crimes punished under special law
Mis)emeanor$ minor infraction of law, such as violation of ordinance
Crime $ acts and omissions punishable b" an" law
-#W 2"L#NI"% AR" C#MMITT"0:
1. by means of deceit (dolo) $ #here is deceit when the act is performed with
deliberate intent.
*e.uisites+
a. freedom
b. intelligence
c. intent
6xamples* murder, treason, and robber".
2. by means of fault (culpa) $ #here is fault when the wrongful act results from
imprudence, negligence, lack of foresight, or lack of skill.
IMR30"NC" $ deficienc" of action1 e.g. A was driving a truck along a road. 0e hit =
because it was raining $ reckless imprudence.
N"GLIG"NC" $ deficienc" of perception1 failure to foresee impending danger, usuall"
involves lack of foresight
*e.uisites+
1. 7reedom
2. (ntelligence
3. (mprudence, negligence, lack of skill or foresight
4. >ack of intent
I*"#*"'o*a 2#o*'#s (s/ C!0ab# F#o*'#s
Intentional 'elonies Cul%able 'elonies
-ct or omission is malicious -ct or omission is not malicious
Offender has the intention to cause
an injury to another
Offender has no intention to cause
injury
-ct performed or omission incurred
with deliberate intent
-ct or omission results from
imprudence, negligence, lack or
foresight or lack of skill
&#L3NTARIN"%% comprehends the concurrence of freedom of action, intelligence and the fact that the
act was intentional. In culpable felonies, there is no voluntariness if either freedom, intelligence or
imprudence, negligence, lack of foresight or lack of skill is lacking. 0ithout voluntariness, there can be no
dolo or culpa, hence, there is no felony.
CRIMINAL INT"NT
. +riminal Intent is not deceit. 9o not use deceit in translating dolo, because the nearest translation is
deliberate intent.
In criminal law, intent is categori,ed into two-
%&' 9eneral criminal intent/ and
%)' -pecific criminal intent.
G"N"RAL CRIMINAL INT"NT is presumed from the mere doing of a wrong act. #his does not re2uire
proof. #he burden is upon the wrong doer to prove that he acted without such criminal intent.

%"CI2IC CRIMINAL INT"NT is not presumed because it is an ingredient or element of a crime, like
intent to kill in the crimes of attempted or frustrated homicide?parricide?murder. #he prosecution has the
burden of proving the same.
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CALLANTA
"riminal intent is not necessary in these cases-
%&' 'hen the crime is the product of culpa or negligence, reckless imprudence, lack of
foresight or lack of skill1
425 'hen the crime is a prohibited act under a special law or what is called malum prohibitum.
/istinction between intent and discernment
Intent is the determination to do a certain thing, an aim or purpose of the mind. (t is the design to resolve
or determination b" which a person acts.
<n the other hand, discernment is the mental capacit" to tell right from wrong. (t relates to the moral
significance that a person ascribes to his act and relates to the intelligence as an element of dolo, distinct
from intent.
/istinction between intent and motive
Intent is demonstrated b" the use of a particular means to bring about a desired result it is not a state of
mind or a reason for committing a crime.
<n the other hand, motive implies motion. (t is the moving power which impels one to do an act. 'hen
there is motive in the commission of a crime, it alwa"s comes before the intent. =ut a crime ma" be
committed without motive.
* If the crime is intentional, it cannot be committed without intent. (ntent is manifested b" the instrument
used b" the offender. #he specific criminal intent becomes material if the crime is to be distinguished from
the attempted or frustrated stage.
* +riminal intent is on the basis of the act, not on the basis if what the offender says.
* :oo# into motive to determine the proper crime which can be imputed to the accused

MI%TAC" #2 2ACT - is a misapprehension of fact on the part of the person who caused
in&ur" to another. 0e is not criminally liable.
a. *e.uisites*
1. that the act done would have been lawful had the facts been as the accused believed
them to be1
2. intention of the accused is lawful1
3. mistake must be without fault of carelessness.

* ,ista#e of fact would be relevant only when the felony would have been intentional or through dolo, but
not when the felony is a result of culpa. 0hen the felony is a product of culpa, do not discuss mista#e of
fact
* It exists when a person who in the exercise of due diligence, acts under the
influence of an erroneous appreciation of facts, which if true would relieve him from
criminal responsibility.
* It is an omission or commission performed by the individual which is the result of a
misconception or misapprehension of events or facts before him which in law is
considered voluntary. The accused performed acts or omissions which would be
lawful, had it been true as he perceived them to be. To be an absolutory cause, the
mistake of facts as committed must originate from legitimate sentiment or intention.
The further re,uirement in order to escape criminal responsibility, must be, that the
mistake of facts was done without negligence. The good faith of the offender maybe
derived from the se,uence of events, before, during and after the alleged mistake of
facts. If at anytime there is a showing that the actor was at fault for not exercising
ordinary prudence, then he will be liable criminally, not however for dolo, but for
culpa.
6xample8 ;nited -tates v. h +hong.
Ah %hong being afraid of bad elements, locked himself in his room b" placing a
chair against the door. After having gone to bed, he was awakened b" somebod" who
was tr"ing to open the door. 0e asked the identit" of the person, but he did not receive a
9
CALLANTA
response. 7earing that this intruder was a robber, he leaped out of bed and said that he
will kill the intruder should he attempt to enter. At that moment, the chair struck him.
=elieving that he was attacked, he sei+ed a knife and fatall" wounded the intruder.
M"N% R"A
#he technical term mens rea is sometimes referred to in common parlance as the gravamen of the
offense. #o a la"man, that is what "ou call the 4bullseye5 of the crime. #his term is used s"non"mousl"
with criminal or deliberate intent, but that is not exactl" correct.
* ,ens rea of the crime depends upon the elements of the crime. Cou can onl" detect the mens rea of a
crime b" knowing the particular crime committed. 'ithout reference to a particular crime, this term is
meaningless. 7or example, in theft, the mens rea is the taking of the propert" of another with intent to
gain. (n falsification, the mens rea is the effecting of the forger" with intent to pervert the truth. (t is not
merel" writing something that is not true1 the intent to pervert the truth must follow the performance of the
act.
* In criminal law, we sometimes have to consider the crime on the basis of intent. 7or example, attempted
or frustrated homicide is distinguished from ph"sical in&uries onl" b" the intent to kill. Attempted rape is
distinguished from acts of lasciviousness b" the intent to have sexual intercourse. (n robber", the mens
rea is the taking of the propert" of another coupled with the emplo"ment of intimidation or violence upon
persons or things1 remove the emplo"ment of force or intimidation and it is not robber" an"more.
R"AL C#NC"T #2 C3LA
Ander Article 3, it is clear that culpa is just a modality by which a felony may be committed. A felon" ma"
be committed or incurred through dolo or culpa. +ulpa is just a means by which a felony may result.
The concept of criminal negligence is the inexcusable lac# of precaution on the part of the person
performing or failing to perform an act. (f the danger impending from that situation is clearl" manifest, "ou
have a case of rec#less imprudence. =ut if the danger that would result from such imprudence is not
clear, not manifest nor immediate "ou have onl" a case of simple negligence.
Art. ?. "riminal liability.;; Criminal lia'ilit( shall 'e inc$rre):
5. 1( an( person committing a felon(4 altho$gh the wrongf$l act )one 'e
)ifferent from that which he inten)e).
In the first paragraph, t"o ele!ents must be present.
&. - felony committed' and
(. The felony committed resulted in the commission of another felony.

/ The re,uirement however, must be, that the resulting other felony or felonies
must be direct, material and logical conse,uence of the felony committed even if the
same is not intended or entirely different from what was in the mind of the offender.
0#CTRIN" #2 R#/IMAT" CA3%" such ade2uate and efficient cause as, in the
natural order of events, and under the particular circumstances surrounding the case, which
would necessaril" produce the event.
*e.uisites+
a. the direct, natural, and logical cause
b. produces the in&ur" or damage
c. unbroken b" an" sufficient intervening cause
d. without which the result would not have occurred
0roximate Cause is negated by+
a. Active force, distinct act, or fact absolutel" foreign from the felonious act of the
accused, which serves as a sufficient intervening cause.
b. -esulting in&ur" or damage is due to the intentional act of the victim.
3e(uisite for "resumption that the blow was cause of the death 'here there has been an
in&ur" inflicted sufficient to produce death followed b" the demise of the person, the
presumption arises that the in&ur" was the cause of the death. "rovided8
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CALLANTA
a. victim was in normal health
b. death ensued within a reasonable time
* $ven if other causes cooperated in producing the fatal result as long as the wound
inflicted is dangerous, that is, calculated to destroy or endanger life, the actor is
liable. This is true even though the immediate cause of death was erroneous or
unskillful medical treatment, refusal of the victim to submit to surgical operation, or
that the deceased was suffering from tuberculosis, heart disease or other internal
malady or that the resulting injury was aggravated by infection.
* There must however be no efficient intervening cause .
D Article 4, paragraph 1 presupposes that the act done is the proximate cause of the resulting felon". It
must be the direct, natural, and logical conse(uence of the felonious act.
R#/IMAT" CA3%" is that cause which sets into motion other causes and which unbroken b" an"
efficient supervening cause produces a felon" without which such felon" could not have resulted. s a
general rule, the offender is criminall" liable for all the conse2uences of his felonious act, although not
intended, if the felonious act is the proximate cause of the felon" or resulting felon". proximate cause is
not necessarily the immediate cause. #his ma" be a cause which is far and remote from the conse2uence
which sets into motion other causes which resulted in the felon".
D (n criminal law, as long as the act of the accused contributed to the death of the victim, even if the victim
is about to die, he will still be liable for the felonious act of putting to death that victim.
* proximate cause does not re(uire that the offender needs to actually touch the body of the offended
party. (t is enough that the offender generated in the mind of the offended part" the belief that made him
risk himself.
* The one who caused the proximate cause is the one liable. The one who caused the immediate cause
is also liable, but merely contributory or sometimes totally not liable.
CA3%"% W-IC- R#03C" A 0I22"R"NT R"%3LT:
a. MI%TAC" IN I0"NTIT. #2 T-" &ICTIM in&uring one person who is mistaken for
another e.g., A intended to shoot =, but he instead shot % because he 4A5 mistook % for
=.
In E**!* I1 0E*2!1AE, the intended victim was not at the scene of the crime. (t was the actual
victim upon whom the blow was directed, but he was not reall" the intended victim
3ow does error in personae affect criminal liability of the offender<
* 2rror in personae is mitigating if the crime committed is different from that which was intended. If the
crime committed is the same as that which was intended, error in personae does not affect the criminal
liabilit" of the offender.
* In mista#e of identity, if the crime committed was the same as the crime intended, but on a different
victim, error in persona does not affect the criminal liabilit" of the offender. $ut if the crime committed was
different from the crime intended, Article 4: will appl" and the penalt" for the lesser crime will be applied.
(n a wa", mistake in identit" is a mitigating circumstance where Article 4: applies. 0here the crime
intended is more serious than the crime committed, the error in persona is not a mitigating circumstance
* In any event, the offender is prosecuted for the crime committed not for the crime intended.
b. MI%TAC" IN 1L#W hitting somebod" other than the target due to lack of skill or
fortuitous instances 4this is a complex crime under Art. 4E5 e.g., = and % were walking
together. A wanted to shoot =, but he instead in&ured %.
In A1"RRATI# ICT3%, a person directed the blow at an intended victim, but because of poor aim, that
blow landed on somebod" else. In aberratio ictus, the intended victim as well as the actual victim are both
at the scene of the crime.
* If the actor intended the commission of several felonies with a single act, it is not
called aberratio ictus or mistake of blow, simply because there was no mistake.
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CALLANTA
* =istinguish this from error in personae, where the victim actuall" received the blow, but he was mistaken
for another who was not at the scene of the crime. #he distinction is important because the legal effects
are not the same.
* In aberratio ictus, the offender delivers the blow upon the intended victim, but because of poor aim the
blow landed on somebod" else. >ou have a complex crime, unless the resulting conse(uence is not a
grave or less grave felony. Cou have a single act as against the intended victim and also giving rise to
another felon" as against the actual victim. If the resulting physical injuries were only slight, then you
cannot complex. (n other words, aberratio ictus, generall" gives rise to a complex crime. This being so,
the penalty for the more serious crime is imposed in the maximum period.
c. IN73RI#3% R"%3LT I% GR"AT"R T-AN T-AT INT"N0"0 4 causing in&ur"
graver than intended or expected 4this is a mitigating circumstance due to lack of intent to
commit so grave a wrong under Art. 135 e.g., A wanted to in&ure =. 0owever, = died.
(n RA"T"R INT"NTI#N"M, it is mitigating only if there is a notable or notorious disparity between the
means employed and the resulting felony. In criminal law, intent of the offender is determined on the basis
emplo"ed b" him and the manner in which he committed the crime. Intention of the offender is not what is
in his mind1 it is disclosed in the manner in which he committed the crime.
* In praeter intentionem, it is essential that there is a notable disparit" between the means emplo"ed or
the act of the offender and the felon" which resulted. #his means that the resulting felon" cannot be
foreseen from the acts of the offender. If the resulting felony can be foreseen or anticipated from the
means employed, the circumstance of praeter intentionem does not appl".
* Intent to #ill is only relevant when the victim did not die. #his is so because the purpose of intent to kill is
to differentiate the crime of ph"sical in&uries from the crime of attempted homicide or attempted murder or
frustrated homicide or frustrated murder. $ut once the victim is dead, "ou do not talk of intent to kill
an"more. #he best evidence of intent to kill is the fact that victim was killed.
In all these instances the offender can still be held criminally liable, since he is motivated by
criminal intent.
:. 1( an( person performing an act which wo$l) 'e an offense against
persons or propert(4 were it not for the inherent impossi'ilit( of its
accomplishment or on acco$nt of the emplo(ment of ina)e*$ate or ineffect$al
means.
*e.uisites+
a. Act would have been an offense against persons or propert"
b. Act is not an actual violation of another provision of the %ode or of a special penal
law
c. #here was criminal intent
d. Accomplishment was inherentl" impossible1 or inade2uate or ineffectual means
were emplo"ed.
Notes:
* <ffender must believe that he can consummate the intended crime, a man stabbing another
who he knew was alread" dead cannot be liable for an impossible crime.
* #he law intends to punish the criminal intent.
* #here is no attempted or frustrated impossible crime.
.elonies against persons* parricide, murder, homicide, infanticide, ph"sical in&uries, -A!6 etc.
.elonies against property* robber", theft, usurpation, swindling, etc.
IN-"R"NT IM#%%I1ILIT.: A thought that = was &ust sleeping. = was alread" dead. A
shot =. A is liable. (f A knew that = is dead and he still shot him, then A is not liable.
inherent impossibility, this means that under an" and all circumstances, the crime could not
have materiali+ed. If the crime could have materiali!ed under a different set of facts, employing the same
mean or the same act, it is not an impossible crime/ it would be an attempted felony.
12
CALLANTA
L#3a ')0oss'b''"& occurs where the intended act, even if completed, would
not amount into a crime.
Fa-"!a ')0oss'b''"& occurs when an extraneous circumstances is unknown
to the actor or beyond his control to prevent the consummation of the intended
crime.
* 0nder -rt. 1, par. (, the law does not make any distinction between factual or
physical impossibility and legal impossibility. 400 (s/ '*"o,1
"mplo(ment of ina)e*$ate means: A used poison to kill =. 0owever, = survived because
A used small 2uantities of poison $ frustrated murder.
Ineffect$al means: A aimed his gun at =. 'hen he fired the gun, no bullet came out
because the gun was empt". A is liable.
* 'henever "ou are confronted with a problem where the facts suggest that an impossible crime was
committed, be careful about the 2uestion asked. If the (uestion as#ed is8 4Is an impossible crime
committed/0, then you judge that (uestion on the basis of the facts. (f reall" the facts constitute an
impossible crime, then "ou suggest than an impossible crime is committed, then "ou state the reason for
the inherent impossibilit".
* If the (uestion as#ed is 1Is he liable for an impossible crime/0, this is a catching (uestion. 2ven though
the facts constitute an impossible crime, if the act done by the offender constitutes some other crimes
under the 3evised "enal +ode, he will not be liable for an impossible crime. He will be prosecuted for the
crime constituted so far by the act done by him. #he reason is an offender is punished for an impossible
crime &ust to teach him a lesson because of his criminal perversit". Although ob&ectivel", no crime is
committed, but sub&ectivel", he is a criminal. #hat purpose of the law will also be served if he is
prosecuted for some other crime constituted b" his acts which are also punishable under the -!%.
* 2y its very nature, an impossible crime is a formal crime. It is either consummated
or not committed at all. There is therefore no attempted or frustrated impossible
crime. -t this stage, it would be best to distinguish impossible crime from attempted
or frustrated felony. The evil intent is attempted or frustrated felony is possible of
accomplishment, while in impossible crime, it cannot be accomplished because of its
inherent impossibility. In attempted or frustrated felony, what prevented its
accomplishment is the intervention of a certain cause or accident independent of the
will of the perpetrator or offender.
U*-o*s!))a"#, 2#o*'#s 4A""#)0"#, a*, 2%!s"%a"#, 2#o*'#s1 (s/
I)0oss'b# -%')#s
Atte!%ted of 'rustrated 'elony I!%ossible Cri!e
Intent is not accomplished Intent is not accomplished
Intent of the offender possible of
accomplishment
Intent of the offender, cannot be
accomplished
-ccomplishment is prevented by the
intervention of certain cause or
accident in which the offender had no
part
Intent cannot be accomplished
because it is inherently impossible of
accomplishment or because the
means employed by the offender is
inade,uate or ineffectual
Art @. +uty 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&
Whene+er a co$rt has 6nowle)ge of an( act which it ma( )eem proper to repress
an) which is not p$nisha'le '( law4 it shall ren)er the proper )ecision an) shall
report to the Chief ",ec$ti+e4 thro$gh the 0epartment of 7$stice4 the reasons
which in)$ce the co$rt to 'elie+e that sai) act sho$l) 'e ma)e s$'=ect of
legislation.
13
CALLANTA
In the same wa( the co$rt shall s$'mit to the Chief ",ec$ti+e4 thro$gh the
0epartment of 7$stice4 s$ch statement as ma( 'e )eeme) proper4 witho$t
s$spen)ing the e,ec$tion of the sentence4 when a strict enforcement of the
pro+isions of this Co)e wo$l) res$lt in the imposition of a clearl( e,cessi+e
penalt(4 ta6ing into consi)eration the )egree of malice an) the in=$r( ca$se) '(
the offense.
N# CRIM" 3NL"%% T-"R" I% A LAW 3NI%-ING IT
0hen a person is charged in court, and the court finds that there is no law applicable, the court will ac(uit
the accused and the judge will give his opinion that the said act should be punished.
Article 5 covers two situations+
415 #he court cannot convict the accused because the acts do not constitute a crime. #he proper
&udgment is ac2uittal, but the court is mandated to report to the %hief 6xecutive that said act be
made sub&ect of penal legislation and wh".
425 'here the court finds the penalt" prescribed for the crime too harsh considering the conditions
surrounding the commission of he crime, the &udge should impose the law 49ura lex sed lex5. #he
most that he could do is to recommend to the %hief 6xecutive to grant executive clemenc".
"aragraph ) does not apply to crimes punishable by special law, including profiteering, and
illegal possession of firearms or drugs. #here can be no executive clemenc" for these
crimes.
Art. D. "onsummated, frustrated, and attempted felonies. - Cons$mmate) felonies4 as
well as those which are fr$strate) an) attempte)4 are p$nisha'le.
A felon( is consummated when all the elements necessar( for its e,ec$tion
an) accomplishment are present> an) it is frustrated when the offen)er performs
all the acts of e,ec$tion which wo$l) pro)$ce the felon( as a conse*$ence '$t
which4 ne+ertheless4 )o not pro)$ce it '( reason of ca$ses in)epen)ent of the will
of the perpetrator.
There is an attempt when the offen)er commences the commission of a felon(
)irectl( '( o+ert acts4 an) )oes not perform all the acts of e,ec$tion which sho$l)
pro)$ce the felon( '( reason of some ca$se or acci)ent other than his own
spontaneo$s )esistance.
/evelopment of a crime
1. Internal acts intent and plans1 usuall" not punishable
". External acts
a. "reparatory cts acts tending toward the crime
b. cts of 2xecution acts directl" connected the crime
* Mere intention is therefore, not punishable. 3or as long as there is no physical form
of the internal acts, the same is outside the in,uiry of criminal law.
%tages of Commission of a Crime
Attempt 6rustrated Consummated
<vert acts of execution
are started
)ot all acts of execution
are present
9ue to reasons other than
the spontaneous
desistance of the
perpetrator
All acts of execution are
present
%rime sought to be
committed is not achieved
9ue to intervening causes
independent of the will of
the perpetrator
All the acts of execution
are present
#he result sought is
achieved
14
CALLANTA
/ There are three stages in the commission of felonies or crimes committed by
means of dolo. -gain, they do not refer to felonies committed by means of culpa. It
is essentially incompatible with the elements of negligence as another means to
commit felony.
0"%I%TANC"
=esistance on the part of the offender negates criminal liability in the attempted stage. 9esistance is true
onl" in the attempted stage of the felon". (f under the definition of the felon", the act done is alread" in the
frustrated stage, no amount of desistance will negate criminal liabilit".
* The spontaneous desistance of the offender negates only the attempted stage but not necessarily all
criminal liability. 6ven though there was desistance on the part of the offender, if the desistance was
made when acts done b" him alread" resulted to a felon", that offender will still be criminall" liable for the
felon" brought about his act. 'hat is negated is onl" the attempted stage, but there ma" be other felon"
constituting his act.
* The desistance referred to under -rticle 4 has reference to the crime intended to
be committed. It has no reference to the crime actually committed by the offender
before the desistance.
In deciding whether a felony is attempted or frustrated or consummated there are three
criteria involved+
(2) 'he manner of committing the crime3
(4) 'he elements of the crime3 and
(5) 'he nature of the crime itself.
MANN"R #2 C#MMITTING A CRIM"
7or example, let us take the crime of bribery. %an the crime of frustrated briber" be committed@ )o.
4(ncidentall", the common concept of briber" is that it is the act of one who corrupts a public officer.
Actuall", bribery is the crime of the receiver not the giver. #he crime of the giver is corruption of public
official. $ribery is the crime of the public officer who in consideration of an act having to do with his official
duties would receive something, or accept any promise or present in consideration thereof.5
The confusion arises from the fact that this crime re(uires two to commit ?? the giver and the receiver. #he
law called the crime of the giver as corruption of public official and the receiver as briber". Fiving the idea
that these are independent crimes, but actuall", the" cannot arise without the other. 0ence, if only one
side of the crime is present, only corruption, you cannot have a consummated corruption without the
corresponding consummated bribery. There cannot be a consummated bribery without the corresponding
consummated corruption. (f "ou have briber" onl", it is onl" possible in the attempted stage. (f "ou have a
corruption onl", it is possible onl" in the attempted stage. A corruptor gives mone" to a public officer for
the latter not to prosecute him. #he public officer received the mone" but &ust the same, arrested him. 0e
received the mone" to have evidence of corruption. 9o not think that because the corruptor has alread"
delivered the mone", he has alread" performed all the acts of execution, and, therefore, the corruption is
alread" be"ond the attempted stage. #hat thinking does awa" with the concept of the crime that it re2uires
two to commit. The manner of committing the crime re(uires the meeting of the minds between the giver
and the receiver.
'hen the giver delivers the mone" to the supposed receiver, but there is no meeting of the minds, the onl"
act done b" the giver is an attempt. (t is not possible for him to perform all the acts of execution because in
the first place, the receiver has no intention of being corrupted.
3imilarl", when a public officer demands a consideration b" official dut", the corruptor turns down the
demand, there is no briber".
(f the one to whom the demand was made pretended to give, but he had reported the matter to higher
authorities, the mone" was marked and this was delivered to the public officer. (f the public officer was
arrested, do not think that because the public officer alread" had the mone" in his possession, the crime is
alread" frustrated briber", it is onl" attempted briber". #his is because the supposed corruptor has no
intention to corrupt. (n short, there is no meeting of the minds. <n the other hand, if there is a meeting of
the minds, there is consummated briber" or consummated corruption. #his leaves out the frustrated stage
because of the manner of committing the crime.
15
CALLANTA
$ut indirect bribery is always consummated. #his is because the manner of consummating the crime does
not admit of attempt or frustration.
>ou will notice that under the 3evised "enal +ode, when it ta#es two to commit the crime, there could
hardly be a frustrated stage. 7or instance, the crime of adultery. #here is no frustrated adulter". <nl"
attempted or consummated. #his is because it re2uires the link of two participants. (f that link is there, the
crime is consummated1 if such link is absent, there is onl" an attempted adulter". #here is no middle
ground when the link is there and when the link is absent.
#here are instances where an intended felon" could alread" result from the acts of execution alread"
done. =ecause of this, there are felonies where the offender can onl" be determined to have performed all
the acts of execution when the resulting felon" is alread" accomplished. 'ithout the resulting felon",
there is no wa" of determining whether the offender has alread" performed all the acts or not. (t is in such
felonies that the frustrated stage does not exist because without the felon" being accomplished, there is
no wa" of stating that the offender has alread" performed all the acts of execution. An example of this is
the crime of rape. #he essence of the crime is carnal knowledge. )o matter what the offender ma" do to
accomplish a penetration, if there was no penetration "et, it cannot be said that the offender has
performed all the acts of execution. 'e can onl" sa" that the offender in rape has performed all the acts
of execution when he has effected a penetration. <nce there is penetration alread", no matter how slight,
the offense is consummated. 7or this reason, rape admits only of the attempted and consummated
stages, no frustrated stage. #his was the ruling in the case of 0eople v. !rita.
In rape, it re2uires the connection of the offender and the offended part". )o penetration at all, there is
onl" an attempted stage. 3lightest penetration or slightest connection, consummated. Cou will notice this
from the nature of the crime re2uiring two participants.
#his is also true in the crime of arson. (t does not admit of the frustrated stage. In arson, the moment any
particle of the premises intended to be burned is blac#ened, that is already an indication that the premises
have begun to burn. (t does not re2uire that the entire premises be burned to consummate arson.
=ecause of that, the frustrated stage of arson has been eased out. #he reasoning is that one cannot sa"
that the offender, in the crime of arson, has alread" performed all the acts of execution which could
produce the destruction of the premises through the use of fire, unless a part of the premises has begun
to burn. If it has not begun to burn, that means that the offender has not yet performed all the acts of
execution. @n the other hand, the moment it begins to burn, the crime is consummated. Actuall", the
frustrated stage is alread" standing on the consummated stage except that the outcome did not result. As
far as the stage is concerned, the frustrated stage overlaps the consummated stage.
=ecause of this reasoning b" the %ourt of Appeals in 0eople v. Garcia4 the 3upreme %ourt followed the
anal"sis that one cannot sa" that the offender in the crime of arson has alread" performed all the acts of
execution which would produce the arson as a conse2uence, unless and until a part of the premises had
begun to burn.
BUT In 72 v. 8alde9 the offender had tried to burn the premises b" gathering &ute sacks la"ing these
inside the room. 0e lighted these, and as soon as the &ute sacks began to burn, he ran awa". #he
occupants of the room put out the fire. #he court held that what was committed was frustrated arson.
This case was much the way before the decision in the case of 0eople v. Garcia was handed down and
the +ourt of ppeals ruled that there is no frustrated arson. $ut even then, the analysis in the case of 72
v. 8alde9 is correct. #his is because, in determining whether the felon" is attempted, frustrated or
consummated, the court does not onl" consider the definition under Article / of the -evised !enal %ode,
or the stages of execution of the felon". 'hen the offender has alread" passed the sub&ective stage of the
felon", it is be"ond the attempted stage. (t is alread" on the consummated or frustrated stage depending
on whether a felon" resulted. (f the felon" did not result, frustrated.
The attempted stage is said to be within the subjective phase of execution of a felony. <n the sub:ective
phase, it is that point in time when the offender begins the commission of an overt act until that point
where he loses control of the commission of the crime already. (f he has reached that point where he can
no longer control the ensuing conse2uence, the crime has alread" passed the sub&ective phase and,
therefore, it is no longer attempted. #he moment the execution of the crime has alread" gone to that point
where the felon" should follow as a conse2uence, it is either already frustrated or consummated. (f the
felon" does not follow as a conse2uence, it is alread" frustrated. (f the felon" follows as a conse2uence, it
is consummated.
The trouble is that, in the &urisprudence recogni+ing the ob&ective phase and the sub&ective phase, the
3upreme %ourt considered not onl" the acts of the offender, but also his belief. #hat although the offender
ma" not have done the act to bring about the felon" as a conse2uence, if he could have continued
committing those acts but he himself did not proceed because he believed that he had done enough to
consummate the crime, 3upreme %ourt said the sub&ective phase has passed. #his was applied in the
case of 3% +. &al)e<4 where the offender, having alread" put kerosene on the &ute sacks, lighted the
same, he had no reason not to believe that the fire would spread, so he ran awa". #hat act demonstrated
16
CALLANTA
that in his mind, he believed that he has performed all the acts of execution and that it is onl" a matter of
time that the premises will burn. #he fact that the occupant of the other room came out and put out the fire
is a cause independent of the will of the perpetrator.
The ruling in the case of 72 v. 8alde9 is still correct. $ut in the case of 0eople v. Garcia the situation is
different. 0ere, the offender who put the torch over the house of the offended part", the house being a
nipa hut, the torch which was lighted could easil" burn the roof of the nipa hut. =ut the torch burned out.
In that case, "ou cannot sa" that the offender believed that he had performed all the acts of execution.
#here was not even a single burn of an" instrument or agenc" of the crime.
The analysis made by the +ourt of ppeals is still correct8 that they could not demonstrate a situation
where the offender has performed all the acts of execution to bring about the crime of arson and the
situation where he has not yet performed all the acts of execution. The weight of the authority is that the
crime of arson cannot be committed in the frustrated stage. #he reason is because we can hardl"
determine whether the offender has performed all the acts of execution that would result in arson, as a
conse2uence, unless a part of the premises has started to burn. <n the other hand, the moment a particle
or a molecule of the premises has blac#ened, in law, arson is consummated. #his is because
consummated arson does not re2uire that the whole of the premises be burned. (t is enough that an" part
of the premises, no matter how small, has begun to burn.
There are also certain crimes that do not admit of the attempted or frustrated stage, li#e physical injuries.
<ne of the known commentators in criminal law has advanced the view that the crime of ph"sical in&uries
can be committed in the attempted as well as the frustrated stage. 0e explained that b" going through the
definition of an attempted and a frustrated felon" under Article /, if a person who was about to give a fist
blow to another raises his arms, but before he could throw the blow, somebod" holds that arm, there
would be attempted ph"sical in&uries. #he reason for this is because the offender was not able to perform
all the acts of execution to bring about ph"sical in&uries.
<n the other hand, he also stated that the crime of ph"sical in&uries ma" be committed in the frustrated
stage when the offender was able to throw the blow but somehow, the offended part" was able to sidestep
awa" from the blow. 0e reasoned out that the crime would be frustrated because the offender was able to
perform all the acts of execution which would bring about the felon" were it not for a cause independent of
the will of the perpetrator.
#he explanation is academic. >ou will notice that under the 3evised "enal +ode, the crime of physical
injuries is penali!ed on the basis of the gravity of the injuries. Actuall", there is no simple crime of ph"sical
in&uries. Cou have to categori+e because there are specific articles that appl" whether the ph"sical in&uries
are serious, less serious or slight. (f "ou sa" ph"sical in&uries, "ou do not know which article to appl".
This being so, you could not punish the attempted or frustrated stage because you do not #now what
crime of physical injuries was committed.
E$estions F Answers
1. Is there an attempted slight physical injuries<
(f there is no result, "ou do not know. %riminal law cannot stand on an" speculation or ambiguit"1
otherwise, the presumption of innocence would be sacrificed. #herefore, the commentatorBs
opinion cannot stand because "ou cannot tell what particular ph"sical in&uries was attempted or
frustrated unless the conse2uence is there. Cou cannot classif" the ph"sical in&uries.
2. threw muriatic acid on the face of $. The injuries would have resulted in deformity were
it not for timely plastic surgery. fter the surgery, $ became more handsome. 0hat crime is committed<
Is it attempted, frustrated or consummated<
#he crime committed here is serious ph"sical in&uries because of the deformity. 'hen there is
deformit", "ou disregard the healing duration of the wound or the medical treatment re2uired b" the
wound. In order that in law, a deformity can be said to exist, three factors must concur8
415 #he in&ur" should bring about the ugliness1
425 #he ugliness must be visible1
435 #he ugliness would not disappear through natural healing process.
Along this concept of deformit" in law, the plastic surger" applied to = is beside the point. (n law, what is
considered is not the artificial or the scientific treatment but the natural healing of the in&ur". 3o the fact
that there was plastic surger" applied to = does not relieve the offender from the liabilit" for the ph"sical
in&uries inflicted. #he crime committed is serious ph"sical in&uries. (t is consummated. (n determining
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CALLANTA
whether a felon" is attempted, frustrated or consummated, "ou have to consider the manner of committing
the felon", the element of the felon" and the nature of the felon" itself. #here is no real hard and fast rule.
"L"M"NT% #2 T-" CRIM"
In the crime of estafa, the element of damage is essential before the crime could be consummated. (f there
is no damage, even if the offender succeeded in carting awa" the personal propert" involved, estafa
cannot be considered as consummated. 7or the crime of estafa to be consummated, there must be
misappropriation alread" done, so that there is damage alread" suffered b" the offended part". (f there is
no damage "et, the estafa can onl" be frustrated or attempted.
<n the other hand, if it were a crime of theft, damage or intent to cause damage is not an element of theft.
'hat is necessar" onl" is intent to gain, not even gain is important. #he mere intent to derive some profit
is enough but the thinking must be complete before a crime of theft shall be consummated. #hat is wh" we
made that distinction between theft and estafa.
If the personal property was received by the offender, this is where you have to decide whether what was
transferred to the offender is juridical possession or physical possession only. (f the offender did not
receive the personal propert", but took the same from the possession of the owner without the latterBs
consent, then there is no problem. #hat cannot be estafa1 this is onl" theft or none at all.
In estafa, the offender receives the property/ he does not ta#e it. =ut in receiving the propert", the
recipient ma" be committing theft, not estafa, if what was transferred to him was onl" the ph"sical or
material possession of the ob&ect. It can only be estafa if what was transferred to him is not only material
or physical possession but juridical possession as well.
0hen you are discussing estafa, do not tal# about intent to gain. In the same manner that when you are
discussing the crime of theft, do not tal# of damage.
#he crime of theft is the one commonl" given under Article /. #his is so because the concept of theft
under the -evised !enal %ode differs from the concept of larcen" under American common law. Ander
American common law, the crime of larcen" which is e2uivalent to our crime of theft here re2uires that the
offender must be able to carr" awa" or transport the thing being stolen. 'ithout that carr"ing awa", the
larcen" cannot be consummated.
(n our concept of theft, the offender need not move an inch from where he was. (t is not a matter of
carr"ing awa". It is a matter of whether he has already ac(uired complete control of the personal property
involved. #hat complete control simpl" means that the offender has alread" supplanted his will from the
will of the possessor or owner of the personal propert" involved, such that he could exercise his own
control on the thing.
Illustration8
I placed a wallet on a table inside a room. stranger comes inside the room, gets the wallet and puts it in
his poc#et. I suddenly started searching him and I found the wallet inside his poc#et. #he crime of theft is
alread" consummated because he alread" ac2uired complete control of m" wallet. #his is so true when he
removed the wallet from the confines of the table. 0e can exercise his will over the wallet alread", he can
drop this on the floor, etc.
=ut as long as the wallet remains on the table, the theft is not "et consummated1 there can onl" be
attempted or frustrated theft. (f he has started lifting the wallet, it is frustrated. (f he is in the act of tr"ing to
take the wallet or place it under, attempted.
;Ta<ing= in the concept of theft, simply means exercising control over the thing.
If instead of the wallet, the man who entered the room pretended to carry the table out of the room, and
the wallet is there. 0hile ta#ing the table out of the room, I apprehended him. It turned out that he is not
authori!ed at all and is interested only in the wallet, not the table. #he crime is not "et consummated. (t is
onl" frustrated because as far as the table is concern, it is the confines of this room that is the container.
As long as he has not taken this table out of the four walls of this room, the taking is not complete.
man entered a room and found a chest on the table. He opened it found some valuables inside. He too#
the valuables, put them in his poc#et and was arrested. (n this case, theft is consummated.
$ut if he does not ta#e the valuables but lifts the entire chest, and before he could leave the room, he was
apprehended, there is frustrated theft.
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CALLANTA
If the thing is stolen from a compound or from a room, as long as the object has not been brought out of
that room, or from the perimeter of the compound, the crime is only frustrated. This is the confusion raised
in the case of 72 v. /i>o compared with 0eople v. Adio and 0eople v. Espiritu.
In 72 v. /i>o the accused loaded boxes of rifle on their truc#. 0hen they were on their way out of the
-outh Harbor, they were chec#ed at the chec#point, so they were not able to leave the compound. (t was
held that what was committed was frustrated #heft.
In 0eople v. Espiritu the accused were on their way out of the supply house when they were
apprehended by military police who found them secreting some hospital linen. (t was held that what was
committed was consummated theft.
#he emphasis, which was erroneousl" laid in some commentaries, is that, in both cases, the offenders
were not able to pass the checkpoint. =ut wh" is it that in one, it is frustrated and in the other, it is
consummated@
In the case of 72 v. /i>o the boxes of rifle were stocked file inside the compound of the 3outh 0arbor.
As far as the boxes of rifle are concerned, it is the perimeter of the compound that is the container. s
long as they were not able to bring these boxes of rifle out of the compound, the ta#ing is not complete.
<n the other hand, in the case of 0eople v. Espiritu4 what were taken were hospital linens. #hese were
taken from a warehouse. 0ospital linens were taken from boxes that were diffused or destro"ed and
brought out of the hospital. From the moment they too# it out of the boxes where the owner or the
possessor had placed it, the control is complete. >ou do not have to go out of the compound to complete
the ta#ing or the control.
#his is ver" decisive in the problem because in most problems given in the bar, the offender, after having
taken the ob&ect out of the container changed his mind and returned it. (s he criminall" liable@ 9o not
make a mistake b" sa"ing that there is a desistance. If the crime is one of theft, the moment he brought it
out, it was consummated. #he return of the thing cannot be desistance because in criminal law,
desistance is true only in the attempted stage. Cou cannot talk of desistance an"more when it is alread"
in the consummated stage. (f the offender has alread" ac2uired complete control of what he intended to
take, the fact that he changed his mind and returned the same will no longer affect his criminal liabilit". (t
will onl" affect the civil liabilit" of the crime because he will no longer be re2uired to pa" the ob&ect. As far
as the crime committed is concerned, the offender is criminall" liable and the crime is consummated theft.
Illustration8
and $ are neighbors. @ne evening, entered the yard of $ and opened the chic#en coop where $
#eeps his fighting coc#s. He discovered that the fighting coc#s were not physically fit for coc#fighting so
he returned it. #he crime is consummated theft. #he will of the owner is to keep the fighting cock inside
the chicken coop. 'hen the offender succeeded in bringing the cock out of the coop, it is clear that his will
completel" governed or superseded the will of the owner to keep such cock inside the chicken coop.
0ence, the crime was alread" consummated, and being consummated, the return of the ownerBs propert"
is not desistance an"more. #he offender is criminall" liable but he will not be civill" liable because the
ob&ect was returned.
'hen the receptacle is locked or sealed, and the offender broke the same, in lieu of theft, the crime is
robber" with force upon things. 0owever, that the receptacle is locked or sealed has nothing to do with
the stage of the commission of the crime. (t refers onl" to whether it is theft or robber" with force upon
things.
NAT3R" #2 T-" CRIM" IT%"L2
(n crimes involving the taking of human life parricide, homicide, and murder in the definition of the
frustrated stage, it is indispensable that the victim be mortally wounded. Ander the definition of the
frustrated stage, to consider the offender as having performed all the acts of execution, the acts alread"
done b" him must produce or be capable of producing a felon" as a conse2uence. The general rule is that
there must be a fatal injury inflicted, because it is only then that death will follow.
If the wound is not mortal, the crime is only attempted. #he reason is that the wound inflicted is not
capable of bringing about the desired felon" of parricide, murder or homicide as a conse2uence1 it cannot
be said that the offender has performed all the acts of execution which would produce parricide, homicide
or murder as a result.
n exception to the general rule is the so?called subjective phase. #he 3upreme %ourt has decided cases
which applied the sub&ective standard that when the offender himself believed that he had performed all
the acts of execution, even though no mortal wound was inflicted, the act is alread" in the frustrated stage.
2tages of a Crime does not apply in+
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CALLANTA
1. <ffenses punishable b" 3pecial !enal >aws, unless the otherwise is provided for.
2. 7ormal crimes 4e.g., slander, adulter", etc.5
3. (mpossible %rimes
4. %rimes consummated b" mere attempt. 2xamples* attempt to flee to an enem"
countr", treason, corruption of minors.
8. 7elonies b" omission
/. %rimes committed b" mere agreement. 2xamples8 betting in sports 4endings in
basketball5, corruption of public officers.
* (n criminal law, "ou are not allowed to speculate, not to imagine what crime is intended, but appl" the
provisions of the law on the facts given.
Test to deter!ine "eter atte!%ted or frustrated stage&
The first test is what we call the s!b5#-"'(# 0$as#. The second test is what is
referred to as the ob5#-"'(# 0$as#/ !hen the subjective and objective phases in
the commission of the crime are both present, there is a consummated felony.
-s suggested, the sub(e#tive %ase is the portion of the execution of the felony
starting from the point where he has control over his acts. If it reaches the point
where he has no more control over his acts, the subjective phase in the commission
of the crime is completed.
or as long as he has control over his acts, the subjective phase in the commission
of the crime is not yet over. If a person while performing acts that are within the
subjective phase is interrupted such that he is not able to perform all acts of
execution, the crime committed would be attempted.
On the other hand, the ob(e#tive %ase covers that the period of time where the
subjective phase has ended and where the offender has no more control over the
effects of his criminal acts.
If the subjective phase is completed or has already passed, but the felony was not
produced nonetheless, the crime committed as a rule would be frustrated.
Applications+
a. A put poison in =Bs food. = threw awa" his food. A is liable $ attempted murder.
1
b. A stole =Bs car, but he returned it. A is liable $ %consummated' theft.
c. A aimed his gun at =. % held ABs hand and prevented him from shooting = $ attempted
murder.
d. A inflicted a mortal wound on =. = managed to survive $ frustrated murder.
e. A intended to kill = b" shooting him. A missed ? attempted murder.
f. A doused =Bs house with kerosene. =ut before he could light the match, he was caught $
attempted arson.
g. A cause a bla+e, but did not burn the house of = $ frustrated arson.
h. =Bs house was set on fire b" A $ %consummated' arson.
1
1
The difference between murder and homicide will be discussed in Criminal aw !!. These crimes are found
in "rticles 248 and 249# $oo% !! of the &e'ised (enal Code.

20
CALLANTA
i. A tried to rape =. = managed to escape. #here was no penetration $ attempted rape.
&. A got hold of =Bs painting. A was caught before he could leave =Bs house $ frustrated
robbery.
)
Art. G. $hen light felonies are punishable. ;; Light felonies are p$nisha'le onl(
when the( ha+e 'een cons$mmate) with the e,ception of those committe)
against persons or propert(.
- LI)*T 'ELON+ is a violation of a penal law which is punished by a penalty of
imprisonment of not more than thirty days or arresto menor or a fine of not more
than "(55.55 or both, upon the discretion of the court.
2xamples of light felonies* slight ph"sical in&uries1 theft4php 8.;; or less51 alteration of
boundar" marks1 alarms and scandals1 simple slander1 malicious mischief4not exceed php
2;;.;;51 and intriguing against honor.
(n commission of crimes against properties and persons, ever" stage of execution is
punishable but onl" the principals and accomplices are liable for light felonies, accessories
are not.
Art. H. "onspiracy and proposal to commit felony. ;; Conspirac( an) proposal to
commit felon( are p$nisha'le onl( in the cases in which the law speciall(
pro+i)es a penalt( therefore.
A conspirac( e,ists when two or more persons come to an agreement
concerning the commission of a felon( an) )eci)e to commit it.
There is proposal when the person who has )eci)e) to commit a felon(
proposes its e,ec$tion to some other person or persons.
+onspiracy is punishable in the following cases* treason, rebellion or insurrection, sedition,
coup dB etat, arson4!9 1/135 and monopolies and combinations in restraint of trade.
+onspiracy to commit a crime is not to be confused with conspiracy as a means of
committing a crime. (n both cases there is an agreement but mere conspirac" to commit a
crime is not punished 6G%6!# in treason, rebellion, or sedition. 6ven then, if the treason is
actuall" committed, the conspirac" will be considered as a means of committing it and the
accused will all be charged for treason and not for conspirac" to commit treason.

Conspirac( an) roposal to Commit a Crime
C#N%IRAC. R##%AL
6lements
Agreement among 2 or more
persons to commit a crime
#he" decide to commit it
A person has decided to commit a crime
0e proposes its commission to another
"rimes 1. %onspirac" to commit sedition
2. %onspirac" to commit rebellion
3. %onspirac" to commit treason
1. !roposal to commit treason
2. !roposal to commit rebellion or
insurrection

In proposal, only the person proposing or the proponent is criminally liable
Mere conspirac" in combination in restraint of trade 4Art. 1E/5, and brigandage 4Art. 3;/5.
Two ways for conspiracy to exist+
%&' There is an agreement.
2
2
The difference between theft and robber) will be discussed in Criminal aw !!. These crimes are found in
Title Ten# Cha*ters +ne and Three# $oo% !! of the &e'ised (enal Code.
21
CALLANTA
%)' The participants acted in concert or simultaneously which is indicative of a meeting of the minds
towards a common criminal goal or criminal objective. 'hen several offenders act in a
s"nchroni+ed, coordinated manner, the fact that their acts complimented each other is indicative of
the meeting of the minds. #here is an implied agreement.
Two <inds of conspiracy+
%&' "onspiracy as a crime/ and
%)' "onspiracy as a manner of incurring criminal liability
$hen conspiracy itself is a crime, no overt act is necessary to bring about the criminal liability. The mere
conspiracy is the crime itself. #his is onl" true when the law expressl" punishes the mere conspirac"1
otherwise, the conspirac" does not bring about the commission of the crime because conspirac" is not an
overt act but a mere preparator" act. Treason, rebellion, sedition, and coup d7etat are the only crimes
where the conspiracy and proposal to commit to them are punishable.
0hen the conspiracy is only a basis of incurring criminal liability, there must be an overt act done before
the co$conspirators become criminall" liable.
0hen the conspiracy itself is a crime, this cannot be inferred or deduced because there is no overt act. All
that there is the agreement. <n the other hand, if the co$conspirator or an" of them would execute an
overt act, the crime would no longer be the conspirac" but the overt act itself.
If the conspiracy is only a basis of criminal liability, none of the co$conspirators would be liable, unless
there is an overt act. 3o, for as long as an"one shall desist before an overt act in furtherance of the crime
was committed, such a desistance would negate criminal liabilit". For as long as none of the conspirators
has committed an overt act, there is no crime yet. =ut when one of them commits an" overt act, all of
them shall be held liable, unless 15a co$conspirator was absent from the scene of the crime or 25he
showed up, but he tried to prevent the commission of the crime
s a general rule, if there has been a conspirac" to commit a crime in a particular place, an"one who did
not appear shall be presumed to have desisted. The exception to this is if such person who did not
appear was the mastermind.
conspiracy as a crime, must have a clear and convincing evidence of its existence. 6ver" crime must be
proved be"ond reasonable doubt.
0hen the conspiracy is just a basis of incurring criminal liability, however, the same ma" be deduced or
inferred from the acts of several offenders in carr"ing out the commission of the crime. #he existence of a
conspirac" ma" be reasonabl" inferred from the acts of the offenders when such acts disclose or show a
common pursuit of the criminal ob&ective.
* +onspiracy is a matter of substance which must be alleged in the information, otherwise, the court will
not consider the same.
In 0eople v. ?aurio "@@ 2C*A A#% it was held that it must be established b" positive and conclusive
evidence, not b" con&ectures or speculations.

In Taer v. CA $#) 2C*A 5%#@ it was held that mere knowledge, ac2uiescence to, or approval of the act,
without cooperation or at least, agreement to cooperate, is not enough to constitute a conspirac". #here
must be an intentional participation in the crime with a view to further the common felonious ob&ective.
* conspiracy is possible even when participants are not #nown to each other.
* !roposal is true onl" up to the point where the part" to whom the proposal was made has not "et
accepted the proposal. @nce the proposal was accepted, a conspiracy arises. !roposal is unilateral, one
part" makes a proposition to the other1 conspirac" is bilateral, it re2uires two parties.
* #here is conspirac" when the offenders acted simultaneousl" pursuing a common criminal design1 thus,
acting out a common criminal intent.
* 2ven though there was conspiracy, if a co?conspirator merely cooperated in the commission of the
crime with insignificant or minimal acts, such that even without his cooperation, the crime could be carried
out as well, such co?conspirator should be punished as an accomplice only.
C#M#%IT" CRIM"%
22
CALLANTA
+omposite crimes are crimes which, in substance, consist of more than one crime but in the e"es of the
law, there is onl" one crime. 7or example, the crimes of robber" with homicide, robber" with rape, robber"
with ph"sical in&uries.
In case the crime committed is a composite crime, the conspirator will be liable for all the acts committed
during the commission of the crime agreed upon. #his is because, in the e"es of the law, all those acts
done in pursuance of the crime agreed upon are acts which constitute a single crime.
s a general rule, when there is conspirac", the rule is that the act of one is the act of all. #his principle
applies onl" to the crime agreed upon.
The exception is if an" of the co$conspirator would commit a crime not agreed upon. #his happens when
the crime agreed upon and the crime committed b" one of the co$conspirators are distinct crimes.
Exception to the exception: (n acts constituting a single indivisible offense, even though the co$
conspirator performed different acts bringing about the composite crime, all will be liable for such crime.
#he" can onl" evade responsibilit" for an" other crime outside of that agreed upon if it is proved that the
particular conspirator had tried to prevent the commission of such other act.
* The rule would be different if the crime committed was not a composite crime.
Art. 8. 7rave felonies are those to which the law attaches the capital p$nishment
or penalties which in an( of their are afflicti+e4 in accor)ance with Article :@ of this
Co)e.
8ess grave felonies are those which the law p$nishes with penalties which in
their ma,im$m perio) are correctional4 in accor)ance with the a'o+e;mentione)
article.
8ight felonies are those infractions of law for the commission of which he
penalt( of arresto mayor or a fine not e,cee)ing :II pesos4 or 'oth is pro+i)e).
Capital punishment $ death penalt".
0enalties ,imprisonment-+
Grave $ six "ears and one da" to reclusion perpetua 4life51

?ess grave $ one month and one da" to six "ears1

?ight $ arresto menor 4one da" to 3; da"s5.
2elonies are classifie) as follows:
415 According to the manner of their commission
(nder #rticle 5, they are classified as, intentional felonies or those committed with deliberate
intent1 and culpable felonies or those resulting from negligence, reckless imprudence, lack of
foresight or lack of skill.
425 According to the stages of their execution
(nder #rticle 9., felonies are classified as attempted felony when the offender commences the
commission of a felon" directl" b" overt acts, and does not perform all the acts of execution which
should produce the felon" b" reason of some cause or accident other than his own spontaneous
desistance1 frustrated felony when the offender commences the commission of a felon" as a
conse2uence but which would produce the felon" as a conse2uence but which nevertheless do
not produce the felon" b" reason of causes independent of the perpetrator1 and, consummated
felony when all the elements necessar" for its execution are present.
435 According to their gravity
(nder #rticle :, felonies are classified as grave felonies or those to which attaches the capital
punishment or penalties which in an" of their periods are afflictive1 less grave felonies or those to
23
CALLANTA
which the law punishes with penalties which in their maximum period was correccional1 and light
felonies or those infractions of law for the commission of which the penalt" is arresto menor.
* !hile -rticle ) classifies the crimes into Intentional and #ulpable, a third class can
be grouped with it 6 that is, those defined and penalied by special laws which
include crime punished by city or municipality ordinances. They are generally
referred to as mala prohibita. -s a rule, intent to commit the crime is not necessary.
It is sufficient that the offender has the intent to perpetrate the act prohibited by the
special law. The act alone, irrespective of the motives, constitutes the offense. 7ood
faith is not a defense.
0hy is it necessary to determine whether the crime is grave, less grave or light<
To determine whether these felonies can be complexed or not, and to determine the prescription of the
crime and the prescription of the penalty. (n other words, these are felonies classified according to their
gravit", stages and the penalt" attached to them. #ake note that when the -evised !enal %ode speaks of
grave and less grave felonies, the definition makes a reference specificall" to Article 28 of the -evised
!enal %ode. 9o not omit the phrase H(n accordance with Article 28I because there is also a classification
of penalties under Article 2/ that was not applied.
If the penalty is fine and exactly ")AA.AA, it is onl" considered a light felon" under Article :.
If the fine is imposed as an alternative penalty or as a single penalty, the fine of !2;;.;; is considered a
correctional penalt" under Article 2/.
If the penalty is exactly ")AA.AA, appl" Article 2/. (t is considered as correctional penalt" and it prescribes
in 1; "ears. (f the offender is apprehended at an" time within ten "ears, he can be made to suffer the fine.
In the case of light felonies, crimes prescribe in two months. If the crime is correctional, it prescribes in ten
"ears, except arresto mayor, which prescribes in five "ears.
Art. 5I. ;ffenses not subject to the provisions of this code. ;;#ffenses which are or in
the f$t$re ma( 'e p$nisha'le $n)er special laws are not s$'=ect to the pro+isions
of this Co)e. This Co)e shall 'e s$pplementar( to s$ch laws4 $nless the latter
sho$l) speciall( pro+i)e the contrar(.
For -pecial :aws* !enalties should be imprisonment, and not reclusion perpetua, etc.
@ffenses that are attempted or frustrated are not punishable, unless otherwise stated.
"lea of guilty is not mitigating for offenses punishable b" special laws.
No minimum, medium, and maximum periods for penalties.
No penalty for an accessory or accomplice, unless otherwise stated.
0rovisions of *0C applicable to special laws+
a. Art. 1/ !articipation of Accomplices
b. Art. 22 -etroactivit" of !enal laws if favorable to the accused
c. Art. 48 %onfiscation of instruments used in the crime
* >ou will only apply the provisions of the 3evised "enal +ode as a supplement to the special law, or
simply correlate the violated special law, if needed to avoid an injustice. (f no &ustice would result, do not
give suppletoril" application of the -evised !enal %ode to that of special law.
* In 0eople v. *odrigue94 it was held that the use of arms is an element of rebellion, so a rebel cannot be
further prosecuted for possession of firearms. violation of a special law can never absorb a crime
punishable under the 3evised "enal +ode, because violations of the 3evised "enal +ode are more
serious than a violation of a special law. $ut a crime in the 3evised "enal +ode can absorb a crime
punishable by a special law if it is a necessary ingredient of the crime in the 3evised "enal +ode.
In the crime of sedition, the use of firearms is not an ingredient of the crime. 0ence, two prosecutions can
be had* 415 sedition1 and 425 illegal possession of firearms.
24
CALLANTA
* $ut do not thin# that when a crime is punished outside of the 3evised "enal +ode, it is already a special
law. 7or example, the crime of cattle?rustling is not a mala prohibitum but a modification of the crime theft
of large cattle. 3o !residential 9ecree )o. 833, punishing cattle$rustling, is not a special law. (t can
absorb the crime of murder. (f in the course of cattle rustling, murder was committed, the offender cannot
be prosecuted for murder. Murder would be a 2ualif"ing circumstance in the crime of 2ualified cattle
rustling. #his was the ruling in 0eople v. 'artinada.
* If a special law is an amendment to a provision of the +"#, the act is considered a
felony and conse,uently the provisions of the +"# are made applicable to such
special law.
#he amendments of !residential 9ecree )o. /428 4#he 9angerous 9rugs Act of 1:.25 b" -epublic Act
)o. ./8:, which adopted the scale of penalties in the -evised !enal %ode, means that mitigating and
aggravating circumstances can now be considered in imposing penalties. !residential 9ecree )o. /428
does not expressl" prohibit the suppletor" application of the -evised !enal %ode. #he stages of the
commission of felonies will also appl" since suppletor" application is now allowed.
* In conclusion, any 8pecial 9aw that uses the nomenclature of the +evised "enal
#ode in the imposition of penalties makes such 8pecial 9aw a felony.
CIRC3M%TANC"% A22"CTING CRIMINAL LIA1ILIT.
There are five circumstances affecting criminal liability:
415 Justif"ing circumstances1
425 6xempting circumstances1
435 Mitigating circumstances1
445 Aggravating circumstances1 and
485 Alternative circumstances.
There are two others which are fo$n) elsewhere in the pro+isions of the Re+ise) enal Co)e*
415 Absolutor" cause1 and

425 6xtenuating circumstances.
* In justifying and exempting circumstances, there is no criminal liability. 'hen an accused invokes them,
he in effect admits the commission of a crime but tries to avoid the liabilit" thereof. #he burden is upon
him to establish be"ond reasonable doubt the re2uired conditions to &ustif" or exempt his acts from
criminal liabilit". 'hat is shifted is onl" the burden of evidence, not the burden of proof.
* 6ustifying circumstances contemplate intentional acts and, hence, are incompatible with dolo.
2xempting circumstances ma" be invoked in culpable felonies.
A1%#L3T#R. CA3%"
* The effect of this is to absolve the offender from criminal liability, although not from civil liability.
$ - rticle )A provides that the penalties prescribed for accessories shall not be imposed upon those who
are such with respect to their spouses, ascendants, descendants, legitimate, natural and adopted brothers
and sisters, or relatives b" affinit" within the same degrees with the exception of accessories who profited
themselves or assisting the offender to profit b" the effects of the crime.
"- rticle BC provides how criminal liability is extinguished8
a. 9eath of the convict as to the personal penalties, and as to pecuniar" penalties, liabilit" therefor is
extinguished if death occurs before final &udgment1
b. 3ervice of the sentence1
c. Amnest"1
25
CALLANTA
d. Absolute pardon1
e. !rescription of the crime1
f. !rescription of the penalt"1 and
g. Marriage of the offended woman as provided in Article 344.
&- ;nder rticle )DE, a legall" married person who kills or inflicts ph"sical in&uries upon his or her spouse
whom he surprised having sexual intercourse with his or her paramour or mistress in not criminall" liable.
A- ;nder rticle )&C, discovering secrets through sei+ure of correspondence of the ward b" their guardian
is not penali+ed.
5- ;nder rticle FF), in the case of theft, swindling and malicious mischief, there is no criminal liabilit" but
onl" civil liabilit", when the offender and the offended part" are related as spouse, ascendant, descendant,
brother and sister$in$law living together or where in case the widowed spouse and the propert" involved is
that of the deceased spouse, before such propert" had passed on to the possession of third parties.
)- ;nder rticle FDD, in cases of seduction, abduction, acts of lasciviousness, and rape, the marriage of
the offended part" shall extinguish the criminal action.
G! -ny person who entered another:s dwelling to prevent serious harm to himself,
the occupants of the dwelling or a third person rendered some service to humanity
or justice, or entered cafes, taverns, inns and other public houses while the same
were open. !"rt. #$%, par. &'
* bsolutory cause has the effect of an exempting circumstance and they are predicated on lac# of
voluntariness li#e instigation. Instigation is associated with criminal intent. =o not consider culpa in
connection with instigation. If the crime is culpable, do not tal# of instigation. In instigation, the crime is
committed with dolo. It is confused with entrapment.
* 2ntrapment is not an absolutory cause. 2ntrapment does not exempt the offender or mitigate his
criminal liability. $ut instigation absolves the offender from criminal liability because in instigation, the
offender simply acts as a tool of the law enforcers and, therefore, he is acting without criminal intent
because without the instigation, he would not have done the criminal act which he did upon instigation of
the law enforcers.
0I22"R"NC" 1"TW""N IN%TIGATI#N AN0 "NTRAM"NT
In instigation, the criminal plan or design exists in the mind of the law enforcer with whom the person
instigated cooperated so it is said that the person instigated is acting onl" as a mere instrument or tool of
the law enforcer in the performance of his duties.
<n the other hand, in entrapment, a criminal design is alread" in the mind of the person entrapped. (t did
not emanate from the mind of the law enforcer entrapping him. 6ntrapment involves onl" wa"s and means
which are laid down or resorted to facilitate the apprehension of the culprit.
2ntrapment is not an absolutory cause because in entrapment, the offender is already committing a crime.
The element which ma#es instigation an absolutory cause is the lac# of criminal intent as an element of
voluntariness.
If the instigator is a law enforcer, the person instigated cannot be criminall" liable, because it is the law
enforcer who planted that criminal mind in him to commit the crime, without which he would not have been
a criminal. If the instigator is not a law enforcer, both will be criminally liable, you cannot have a case of
instigation. (n instigation, the private citi+en onl" cooperates with the law enforcer to a point when the
private citi+en upon instigation of the law enforcer incriminates himself. (t would be contrar" to public
polic" to prosecute a citi+en who onl" cooperated with the law enforcer. #he private citi+en believes that
he is a law enforcer and that is wh" when the law enforcer tells him, he believes that it is a civil dut" to
cooperate.
If the person instigated does not #now that the person is instigating him is a law enforcer or he #nows him
to be not a law enforcer, this is not a case of instigation. This is a case of inducement, both will be
criminally liable.
In entrapment, the person entrapped should not #now that the person trying to entrap him was a law
enforcer. #he idea is incompatible with each other because in entrapment, the person entrapped is
actuall" committing a crime. #he officer who entrapped him onl" la"s down wa"s and means to have
26
CALLANTA
evidence of the commission of the crime, but even without those wa"s and means, the person entrapped
is actuall" engaged in a violation of the law.
Instigation absolves the person instigated from criminal liability. #his is based on the rule that a person
cannot be a criminal if his mind is not criminal. <n the other hand, entrapment is not an absolutory cause.
It is not even mitigating.
(n case of %#MNAM13LI%M or one who acts while sleeping, the person involved is definitel" acting
without freedom and without sufficient intelligence, because he is asleep. 0e is moving like a robot,
unaware of what he is doing. 3o the element of voluntariness which is necessar" in dolo and culpa is not
present. 3omnambulism is an absolutor" cause. (f element of voluntariness is absent, there is no criminal
liabilit", although there is civil liabilit", and if the circumstance is not among those enumerated in Article 12,
refer to the circumstance as an absolutor" cause.
'ista<e of fact is an absolutory cause . #he offender is acting without criminal intent. 3o in mistake of
fact, it is necessar" that had the facts been true as the accused believed them to be, this act is &ustified. (f
not, there is criminal liabilit", because there is no mistake of fact an"more. #he offender must believe he
is performing a lawful act.
"/T"N3ATING CIRC3M%TANC"%

* The effect of this is to mitigate the criminal liability of the offender. (n other words, this has the same
effect as mitigating circumstances, onl" "ou do not call it mitigating because this is not found in Article 13.
* #he concealment of honor by mother in the crime of infanticide is an extenuating circumstance but not in
the case of parricide when the age of the victim is three da"s old and above.
* In the crime of adultery on the part of a married woman abandoned by her husband. Abandonment b"
the husband does not &ustif" the act of the woman. (t onl" extenuates or reduces criminal liabilit". 0hen
the effect of the circumstance is to lower the penalty there is an extenuating circumstance.
0istinctions 'etween =$stif(ing circ$mstances an) e,empting
circ$mstances
In :ustifying circumstances 4
415 #he circumstance affects the act, not the actor1
425 #he act complained of is considered to have been done within the bounds of law1 hence, it is
legitimate and lawful in the e"es of the law1
435 3ince the act is considered lawful, there is no crime, and because there is no crime, there is no
criminal1
445 3ince there is no crime or criminal, there is no criminal liabilit" as well as civil liabilit".
In exempting circumstances 1
415 #he circumstances affect the actor, not the act1
425 #he act complained of is actuall" wrongful, but the actor acted without voluntariness. 0e is a mere
tool or instrument of the crime1
435 3ince the act complained of is actuall" wrongful, there is a crime. =ut because the actor acted
without voluntariness, there is absence of dolo or culpa. #here is no criminal1
445 3ince there is a crime committed but there is no criminal, there is civil liabilit" for the wrong done.
=ut there is no criminal liabilit". 0owever, in paragraphs 4 and . of Article 12, there is neither
criminal nor civil liabilit".
* 0hen you apply for justifying or exempting circumstances, it is confession and avoidance and burden of
proof shifts to the accused and he can no longer rely on wea#ness of prosecution7s evidence
Art. 55: <ustifying "ircumstances ; those wherein the acts of the actor are in
accor)ance with law4 hence4 he is =$stifie). There is no criminal an) ci+il lia'ilit(
'eca$se there is no crime.
27
CALLANTA
%"L2;0"2"N%"
* 3eason for lawfulness of self?defense* because it would be impossible for the 3tate to protect
all its citi+ens. Also a person cannot &ust give up his rights without an" resistance being offered.
* -ince the justifying circumstances are in the nature of defensive acts, there must be always unlawful
aggression. The reasonableness of the means employed depends on the gravity of the aggression. If the
unlawful aggressor was #illed, this can only be justified if it was done to save the life of the person
defending or the person being defended. The e(uation is ;life was ta<en to save life.=
Rights incl$)e) in self;)efense*
1. 9efense of person
2. 9efense of rights protected b" law
3. 9efense of property*
K #he owner or lawful possessor of a thing has a right to exclude an" person from
the en&o"ment or disposal thereof. 7or this purpose, he ma" use such force as ma"
be reasonabl" necessar" to repel or prevent an actual or threatened unlawful ph"sical
invasion or usurpation of his propert". 4rt. D)C, New +ivil +ode5

4. 9efense of chastity
"L"M"NT%:
5. 3NLAW23L AGGR"%%I#N $ is a ph"sical act manifesting danger to life or limb1 it
is either actual or imminent.
a. #ctual=real aggression $ -eal aggression presupposes an act positivel" strong,
showing the wrongful intent of the aggressor, which is not merel" threatening or
intimidating attitude, but a material attack. #here must be real danger to life a
personal safet".
b. Imminent unlawful aggression $ it is an attack that is impending or on the point of
happening. (t must not consist in a mere threatening attitude, nor must it be
merel" imaginar". #he intimidating attitude must be offensive and positivel"
strong.
* =o not confuse unlawful aggression with provocation. 'hat &ustifies the killing of a supposed unlawful
aggressor is that if the offender did not kill the aggressor, it will be his own life that will be lost.
* To give rise to self-defense, the aggression must not be a lawful one like the attack
of a husband against a paramour of his wife whom he surprised in an
uncompromising situation, or a chief of police who threw stones at the accused who
was running away to elude arrest of a crime committed in his presence. Their
aggression was not considered unlawful.
* 'here there is an agreement to fight, there is no unlawful aggression. 6ach of the protagonists
is at once assailant and assaulted, and neither can invoke the right of self$defense, because
aggression which is an incident in the fight is bound to arise from one or the other of the
combatants. 6xception* 'here the attack is made in violation of the conditions agreed upon,
there ma" be unlawful aggression.
* ;nlawful aggression in self?defense, to be justifying, must exist at the time the defense is
made. (t ma" no longer exist if the aggressor runs awa" after the attack or he has manifested a
refusal to continue fighting. (f the person attacked allowed some time to elapse after he suffered
the in&ur" before hitting back, his act of hitting back would not constitute self$defense, but
revenge.
/ The unlawful aggression must come from the person who was attacked by the
accused. It follows that when the source of the unlawful aggression is not known,
then unlawful aggression cannot be considered present in the resolution of the case.
28
CALLANTA
This observation is true only in self-defense. Obviously, it cannot apply to defense of
relatives and strangers.
A light push on the head with the hand is not unlawful aggression, but a
slap on the face is, because his dignit" is in danger.
A police officer exceeding his authorit" ma" become an unlawful
aggressor.
#he nature, character, location, and extent of the wound ma" belie claim
of self$defense.
* !hen the aggressors runs away, the one making a defense has no more right to
invoke self-defense. (People vs& #lconga)
2 :. R"A%#NA1L" N"C"%%IT. #2 T-" M"AN% "ML#."0 T# R"&"NT
#R R""L IT>
* It contemplates two situations that may arise while the aggression is taking place.
The first is to repel an actual aggression. The second is to prevent an imminent or
impending aggression.
*e.uisites+
15 Means were used to prevent or repel
25 Means must be necessar" and there is no other wa" to prevent or repel it
35 Means must be reasonable depending on the circumstances, but generall" proportionate to
the force of the aggressor.
* #he rule here is to stand your ground when in the right which ma" invoked when the defender
is unlawfull" assaulted and the aggressor is armed with a weapon.
* !here the accused is ;where he has the right to be< the law does not re,uire him
to retreat when assaulted, but rather to ;stand ground when in the right.< ((&)& vs&
+amen)
* #he rule is more liberal when the accused is a peace officer who, unlike a private person,
cannot run awa".
* #he reasonable necessit" of the means emplo"ed to put up the defense.
. The gauge of reasonable necessity is the instinct of self?preservation, i.e. a person did
not use his rational mind to pick a means of defense but acted out of self$preservation,
using the nearest or onl" means available to defend himself, even if such means be
disproportionatel" advantageous as compared with the means of violence emplo"ed b"
the aggressor.
* 3easonableness of the means depends on the nature and the (uality of the weapon used,
physical condition, character, si!e and other circumstances.
* !hether or not the means employed is reasonable will depend upon the place,
occasion and other circumstances. =ore often, it is the nature and ,uality of weapon
used by the aggressor. It is also dictated by the physical condition, sie and sex of
the person defending himself.
9. LACC #2 %322ICI"NT R#&#CATI#N #N T-" ART #2 T-" "R%#N
0"2"N0ING -IM%"L2.
* 3or provocation to be considered serious by the court, the degree must be
sufficient and must at all times be immediate to the unlawful aggression. ("astanares
vs& "ourt of #ppeals, :4 )"!# >9?)
* 'hen no provocation at all was given to the aggressor b" the person defending himself.
29
CALLANTA
* 0hen even if provocation was given by the person defending himself, such was not sufficient
to cause violent aggression on the part of the attac#er, i.e. the amount of provocation was not
sufficient to stir the aggressor into the acts which led the accused to defend himself.
* 'hen even if the provocation were sufficient, it was not given b" the person defending himself.
* 'hen even if provocation was given b" the person defending himself, the attack was not
proximate or immediate to the act of provocation.
* 3ufficient means proportionate to the damage caused b" the act, and ade2uate to stir one to
its commission.
A. CIN0% #2 %"L2;0"2"N%"
1. 2elf-defense of chastity $ to be entitled to complete self$defense of chastit", there
must be an attempt to rape, mere imminence thereof will suffice.
Honor of a woman in respect of her defense is e(uated with her virginity
2. /efense of property $ an attack on the propert" must be coupled with an attack on
the person of the owner, or of one entrusted with the care of such propert".
* #his can onl" be invoked if the life and limb of the person making the defense is also the sub&ect of
unlawful aggression. :ife cannot be e(ual to property.
3. 2elf-defense in libel $ ph"sical assault ma" be &ustified when the libel is aimed at a
personBs good name, and while the libel is in progress, one libel deserves another.
* In order however, that one may invoke this novel doctrine, the defamatory
statements made by the accused must be a fair answer to the libel made by the
supposed offended party and must be related to the imputation made. (pp vs& "hua
@ong) In conclusion, if the answer which is libelous is excessive, it will not constitute
self-defense.
D1$r)en of proof $ on the accused 4sufficient, clear and convincing evidence1 must rel"
on the strength of his own evidence and not on the weakness of the prosecution5
0"2"N%" #2 R"LATI&"
Elements+
2& unlawful aggression
4& reasonable necessity of the means employed to prevent or repel the attac%3
5& in case provocation was given by the person attac%ed, that the person ma%ing the defense
had no part in such provocation&

*elatives entitled to the defense*
1. spouse
2. ascendants
3. descendants
4. legitimate, natural or adopted brothers or sisters
8. relatives b" affinit" in the same degree 42
nd
degree5
/. relatives b" consanguinit" within the 4th civil degree.
The third element need not ta#e place. #he relative defended ma" even be the
original aggressor. All that is re2uired to &ustif" the act of the relative defending is that
he takes no part in such provocation.
Feneral opinion is to the effect that all relatives mentioned must be legitimate,
except in cases of brothers and sisters who, b" relatives b" nature, ma" be illegitimate.
30
CALLANTA
#he unlawful aggression ma" depend on the honest belief of the person making
the defense.
* If the person being defended is already a second cousin, "ou do not invoke defense of relative an"more.
(t will be defense of stranger. #his is vital because if the person making the defense acted out or revenge,
resentment or some evil motive in killing the aggressor, he cannot invoke the &ustif"ing circumstance if the
relative defended is alread" a stranger in the e"es of the law. <n the other hand, if the relative defended
is still within the coverage of defense of relative, even though he acted out of some evil motive, it would
still appl". (t is enough that there was unlawful aggression against the relative defended, and that the
person defending did not contribute to the unlawful aggression.
* Mista(e of fact can be the basis of defending a relative. If the defender believes in
good faith the events presented to him and he acts accordingly, he is entitled to the
benefit of defense of relatives, even if later on, the events would actually show that
they were different.
0"2"N%" #2 %TRANG"R
Elements
2& unlawful aggression
4& reasonable necessity of the means employed to prevent or repel the attac%3
5& the person defending be not induced by revenge, resentment or other evil motive&
DDD A relative not included in defense of relative is included in defense of stranger.
*** $e not induced by evil motive means that even an enem" of the aggressor who comes to
the defense of a stranger ma" invoke this &ustif"ing circumstances so long as he is not
induced b" a motive that is evil.
%TAT" #2 N"C"%%IT.
. rt. &&, "ar. D provides8
An( person who4 in or)er to a+oi) an e+il or in=$r(4 )oes an act which ca$ses
)amage to another4 pro+i)e) that the following re.uisites are present:

.irst& That the e+il so$ght to 'e a+oi)e) act$all( e,ists>
)econd. That the in=$r( feare) 'e greater than that )one to a+oi) it>
'hird& That there 'e no other practical an) less harmf$l means of
pre+enting it.
* The term damage to another refers to injury to persons and prejudice or damage
to property.
* The term evil, means harmful, injurious, disastrous, and destructive. -s
contemplated, it must actually exist. If it is merely expected or anticipated, the one
acting by such notion is not in a state of necessity.
* A state of necessity exists when there is a clash between une2ual rights, the lesser right giving
wa" to the greater right. Aside from the 3 re2uisites stated in the law, it should also be added
that the necessity must not be due to the negligence or violation of any law by the actor.
* The state of necessity must not have been created by the one invo#ing the justifying circumstances.
* The person for whose benefit the harm has been prevented shall be civilly liable in proportion
to the benefit which may have been received. #his is the onl" &ustif"ing circumstance which
provides for the pa"ment of civil indemnit". Ander the other &ustif"ing circumstances, no civil
liabilit" attaches. #he courts shall determine, in their sound discretion, the proportionate amount
for which one is liable.
31
CALLANTA
* +ivil liability referred to in a state of necessity is based not on the act committed but on the benefit
derived from the state of necessity. -o the accused will not be civilly liable if he did not receive any benefit
out of the state of necessity. @n the other hand, persons who did not participate in the damage or injury
would be pro tanto civilly liable if they derived benefit out of the state of necessity.
23L2ILLM"NT #2 03T. #R LAW23L "/"RCI%" #2 A RIG-T #R #22IC"
Elements+
2& that the accused acted in the performance of a duty, or in the lawful exercise of a right or
office3
4& that the injury caused or offense committed be the necessary consequence of the due
performance of the duty, or the lawful exercise of such right or office&
* A police officer is &ustified in shooting and killing a criminal who refuses to stop when ordered
to do so, and after such officer fired warning shots in the air.
* shooting an offender who refused to surrender is &ustified, but not a thief who refused to be
arrested.
* The accused must prove that he was duly appointed to the position he claimed he was
discharging at the time of the commission of the offense. (t must be made to appear not onl"
that the in&ur" caused or the offense committed was done in the fulfillment of a dut", or in the
lawful exercise of a right or office, but that the offense committed was a necessar" conse2uence
of such fulfillment of dut", or lawful exercise of a right or office.
* A mere securit" guard has no authorit" or dut" to fire at a thief, resulting in the latterBs death.
#1"0I"NC" T# A %3"RI#R #R0"R
Elements+
2& there is an order3
4& the order is for a legal purpose3
5& the means used to carry out said order is lawful&
* The person giving the order must act within the limitations prescribed by law. The
subordinate taking the order must likewise act within the bounds of law. (People vs&
;anis)
* The subordinate who is made to comply with the order is the party which may avail of this
circumstance. #he officer giving the order ma" not invoke this.
* #he subordinate7s good faith is material here. (f he obe"ed an order in good faith, not being
aware of its illegalit", he is not liable. 0owever, the order must not be patently illegal. (f the
order is patentl" illegal this circumstance cannot be validl" invoked.
* #he reason for this &ustif"ing circumstance is the subordinateBs mistake of fact in good faith.
* 2ven if the order be patently illegal, the subordinate ma" "et be able to invoke the exempting
circumstances of having acted under the compulsion of an irresistible force, or under the impulse
of an uncontrollable fear.
"/"MTING CIRC3M%TANC"%
Exempting circumstances %non?imputability' are those ground for exemption from
punishment because there is wanting in the agent of the crime of an" of the conditions which
make the act voluntar", or negligent.
Basis+ #he exemption from punishment is based on the complete absence of intelligence,
freedom of action, or intent, or on the absence of negligence on the part of the accused.
32
CALLANTA
# person who acts $I'@;(' A#8I"6 4without intelligence, freedom of action or intent5 or
$I'@;(' B678I76B"6 4without intelligence, freedom of action or fault5 is B;'
"!IAIB#88C 8I#*86 or is 6D6AP' .!;A P(BI)@A6B'&
#here is a crime committed but no criminal liability arises from it because of the complete
absence of an" of the conditions which constitute free will or voluntariness of the act.
Burden of proof+ An" of the circumstances is a matter of defense and must be proved b"
the defendant to the satisfaction of the court.
Art. 5:& "I!"(A)'#B"6) $@I"@ 6D6AP' .!;A "!IAIB#8 8I#*I8I'C. The
following are e,empt from criminal lia'ilit(:
5. AN IM1"CIL" #R IN%AN" "R%#N4 $nless the latter has acte) )$ring a l$ci)
inter+al.
'hen the imbecile or an insane person has committed an act which the law defines as a
felon" 4delito5, the court shall order his confinement on one of the hospital or as"lums
established for persons thus afflicted. 0e shall not be permitted to leave without first
obtaining the permission of the same court.
*e.uisites+
a. <ffender is an imbecile
b. <ffender was insane at the time of the commission of the crime
IM1"CILIT. #R IN%ANIT.
a. Basis+ complete absence of intelligence, and element of voluntariness.
b. /efinition +
An imbecile is one who while advanced in age has a mental development comparable to that
of children between 2 and . "ears of age.
An insane is one who acts with complete deprivation of intelligence?reason or without the
least discernment or with total deprivation of freedom of the will.
* The insanity that is exempting is limited only to mental aberration or disease of the mind and must
completely impair the intelligence of the accused.
the two tests for exemption on grounds of insanity8

%&' The test of cognition, or whether the accused acted with complete deprivation of intelligence in
committing said crime1 and
%)' The test of volition, or whether the accused acted in total deprivation of freedom of will.
An imbecile is exempt in all cases from criminal liabilit" 4no lucid interval5. #he insane is not
so exempt if it can be shown that he acted during a lucid interval. (n the latter, loss of
consciousness of ones acts and not merel" abnormalit" of mental faculties will 2ualif" ones
acts as those of an insane.
0rocedure+ court is to order the confinement of such persons in the hospitals or as"lums
established. 3uch persons will not be permitted to leave without permission from the court.
#he court, on the other hand, has no power to order such permission without first obtaining
the opinion of the 9<0 that such persons ma" be released without danger.
"resumption is always in favor of sanity. #he defense has the burden to prove that the
accused was insane at the time of the commission of the crime. 7or the ascertainment such
mental condition of the accused, it is permissible to receive evidence of the condition of his
mind during a reasonable period both before and after that time. %ircumstantial evidence
which is clear and convincing will suffice. An examination of the outward acts will help reveal
33
CALLANTA
the thoughts, motives and emotions of a person and if such acts conform to those of people
of sound mind.
Insanity at the time of the commission of the crime and not that at the time of the trial will
exempt one from criminal liability. (n case of insanit" at the time of the trial, there will be a
suspension of the trial until the mental capacit" of the accused is restored to afford him a fair
trial.
2vidence of insanity must refer to the time preceding the act under prosecution or to the very
moment of its execution. 'ithout such evidence, the accused is presumed to be sane when
he committed the crime. %ontinuance of insanit" which is occasional or intermittent in nature
will not be presumed. (nsanit" at another time must be proved to exist at the time of the
commission of the crime. A person is also presumed to have committed a crime in one of
the lucid intervals. %ontinuance of insanit" will onl" be presumed in cases wherein the
accused has been ad&udged insane or has been committed to a hospital or an as"lum for the
insane.
Instances of Insanit(:
a. +ementia praecox ()chi,oprenia) is covered b" the term insanit" because homicidal attack
is common in such form of ps"chosis. (t is characteri+ed b" delusions that he is being
interfered with sexuall", or that his propert" is being taken, thus the person has no control
over his acts.
b. Eleptomania or presence of abnormal, persistent impulse or tendenc" to steal, to be
considered exempting, will still have to be investigated b" competent ps"chiatrist to
determine if the unlawful act is due to the irresistible impulse produced b" his mental
defect, thus loss of will$power. (f such mental defect onl" diminishes the exercise of his
willpower and did not deprive him of the consciousness of his acts, it is onl" mitigating.
c. 6pilepsy which is a chronic nervous disease characteri+ed b" convulsive motions of the
muscles and loss of consciousness ma" be covered b" the term insanit". 0owever, it
must be shown that commission of the offense is during one of those epileptic attacks.
-e"es* .eeblemindedness is not imbecilit" because the offender can distinguish right from
wrong. An imbecile and an insane to be exempted must not be able to distinguish right from
wrong.
-elova* 7eeblemindedness is imbecilit".
%rimes committed while in a dream, b" a somnambulist are embraced in the plea of insanit".
@ypnotism, however, is a debatable issue.
%rime committed while suffering from malignant malaria is characteri+ed b" insanit" at times
thus such person is not criminall" liable.
:. A "R%#N 3N0"R NIN" ."AR% #2 AG".
'I1!*ITC
a. *e.uisite+ @ffender is under C years of age at the time of the commission of the crime.
#here is absolute criminal irresponsibilit" in the case of a minor under :$"ears of age.
b. Basis+ complete absence of intelligence.
;nder nine years to be construed nine years or less. 3uch was inferred from the next
subse2uent paragraph which does not totall" exempt those over nine "ears of age if he acted
with discernment.
* If a youth committed homicide on his >th birthday 6 meaning, he was e)actly nine
years old at that time and he acted with discernment, it would seem that, following
the policy that penal laws are to be strictly construed against the 7overnment and
liberally in favor of the accused, he should be exempt from criminal liability.
34
CALLANTA
!resumptions of incapabilit" of committing a crime is absolute.
ge is computed up to the time of the commission of the crime. Age can be established b"
the testimonies of families and relatives.
-enility or second childhood is only mitigating.
? perio)s of the life of a h$man 'eing:
Age Criminal *esponsibility
: years and below Absolute irresponsibilit"
*etween : and 2>
years old
%onditional responsibilit"
0ithout discernment no liabilit" 0ith =iscernment mitigated liabilit"
*etween 2> and 2F
years old
Mitigated responsibilit"
*etween 2F and ?G
years old
7ull responsibilit"
;ver ?G years old Mitigated responsibilit"
9. A "R%#N #&"R NIN" ."AR% #2 AG" AN0 3N0"R 2I2T""N4 3NL"%% -"
-A% ACT"0 WIT- 0I%C"RNM"NT4 in which case4 s$ch minor shall 'e procee)e)
against in accor)ance with the pro+isions of article HI of this Co)e.
When s$ch minor is a)=$)ge) to 'e criminall( irresponsi'le4 the co$rt4 in
conformit( with the pro+isions of this an) the prece)ing paragraph4 shall commit
him to the care an) c$sto)( of his famil( who shall 'e charge) with his
s$r+eillance an) e)$cation> otherwise4 he shall 'e committe) to the care of some
instit$tion or person mentione) in sai) article HI.
E3ALI2I"0 MIN#RIT.* Basis+ complete absence of intelligence
-uch minor over C years and under &G years of age must have acted without discernment to
be exempted from criminal liability. If with discernment, he is criminally liable.
"resumption is always that such minor has acted without discernment. #he prosecution is
burdened to prove if otherwise.
/iscernment means the mental capacit" of a minor between : and 18 "ears of age to full"
appreciate the conse2uences of his unlawful act and the mental capacity to understand
the difference between right and wrong. )uch is shown by* 415 manner the crime was
committed 4i.e. commission of the crime during nighttime to avoid detection1 taking the loot to
another town to avoid discover"5, or 425 the conduct of the offender after its commission 4i.e.
elation of satisfaction upon the commission of his criminal act as shown b" the accused
cursing at the victim5.
* -n accused who knows the morality of his acts, or can appreciate the
conse,uences of his action has acted with discernment.
If such minor is adjudged to be criminally liable, he is charged to the custod" of his famil",
otherwise, to the care of some institution or person mentioned in article E;. #his is because
of the courtBs presupposition that the minor committed the crime without discernment.

* youthful offender can only be confined in a reformatory upon order of the court. Ander the
amendment to !residential 9ecree )o. /;3, !residential 9ecree )o. 11.: re2uires that before a "outhful
offender ma" be given the benefit if a suspension of sentence, there must be an application filed with the
court which should pronounce sentence. )ote that the commitment of the offender in a reformatory is just
a conse(uence of the suspension of the sentence. (f the sentence is not suspended, there is no
commitment in a reformator". #he commitment is in a penitentiar", since suspension of sentence re(uires
certain conditions8
%&' The crime committed should not be punishable by reclusion perpetua or death penalty/
35
CALLANTA
%)' The offender should not have been given the benefit of a suspended sentence before. This
means he is a first timer/
%F' He must be below &B years old because a youthful offender is one who is below &B.
3ow does the minority of the offender affect his criminal liabilityD
%&' If the offender is within the brac<et of nine years old exactly or less, he is exempt from
criminal liabilit" but not from civil liabilit". #his t"pe of offenders are absolutel" exempt. 6ven if
the offender nine "ears or below acted with discernment, this should not be taken against him
because in this age bracket, the exemption is absolute.
%)' If over nine but below $5, a distinction has to be made whether the offender acted with or without
discernment. #he burden is upon the prosecution to prove that the offender acted with
discernment. (t is not for the minor to prove that he acted without discernment. All that the minor
has to show is that he is within the age bracket. (f the prosecution would want to pin criminal
liabilit" on him, it has to prove that the crime was committed with discernment. 0ere, if the
offender was exempt from criminal liabilit" because the prosecution was not able to prove that the
offender acted with discernment, he is onl" civill" liable but he will be committed to the
surveillance of his parents who will be re2uired to report to the court periodicall" on the progress
or development of the offender.
If the offender is proven to have acted with discernment, this is where the court ma" give him the
benefit of a suspended sentence. 0e ma" be given the benefit of a suspended sentence under
the conditions mentioned earlier and onl" if he would file an application therefor.
* -uspension of sentence is not automatic. If the youthful offender has filed an application therefor.
%F' If at the time the :udgment is to be promulgated he is already above $#, he cannot avail of a
suspended sentence. #he reason is because if the sentence were to be suspended, he would be
committed in a reformator". 3ince he cannot be committed to a reformator" an"more because he
is not less than 1E "ears old, he would have to be committed to a penitentiar". #hat means
promulgation of the sentence shall not be suspended. (f the sentence should not be suspended,
although the minor ma" be 2ualified, the court will promulgate the sentence but the minor shall be
entitled to the reduction of the penalt" b" at least two degrees.
0hen the offender is over nine but below &G, the penalt" to be imposed is discretionar" on the
court, but lowered b" at least two degrees. (t ma" be lowered b" three or four degrees, depending
upon whether the court deems best for the interest of the offender. #he limitation that it should be
lowered b" at least two degrees is &ust a limitation on the power of the court to reduce the penalt".
(t cannot be less than two degrees.
%D' If the offender is $5 years old and above but below $#4 there is no exemption an"more but he
is also given the benefit of a suspended sentence under the conditions stated earlier and if at the
time the sentence is promulgated, he is not 1E "ears old or over "et. (f the sentence is
promulgated, the court will impose a penalt" one degree lower.
Allegation of 4with intent to #ill5 in the information is sufficient allegation of discernment as
such conve"s the idea that he knew what would be the conse2uences of his unlawful act.
#hus is the case wherein the information alleges that the accused, with intent to kill, willfull",
criminall" and feloniousl" pushed a child of E 1?2 "ears of age into a deep place. (t was held
that the re2uirement that there should be an allegation that she acted with discernment
should be deemed ampl" met.
?. An( person who4 while performing a lawf$l act with )$e care4 ca$ses an
in=$r( '( mere acci)ent witho$t fa$lt or intention of ca$sing it.
ACCI0"NT (0AMN3M A1%E3" IN73RIA!: Basis+ lack of negligence and intent.
Elements+
a& # person is performing a lawful act
b& 6xercise of due dare
36
CALLANTA
c& @e causes injury to another by mere accident
d& $ithout fault or intention of causing it&
* ;nder rticle &), paragraph D, the offender is exempt not only from criminal but also from civil liability.
This paragraph embodies the :atin maxim 4damnum abs(ue injuria5.
9ischarge of a firearm in a thickl" populated place in the %it" of Manila being prohibited b"
Art. 188 of the -!% is not a performance of a lawful act when such led to the accidental
hitting and wounding of 2 persons.
9rawing a weapon?gun in the course of self$defense even if such fired and seriousl" in&ured
the assailant is a lawful act and can be considered as done with due care since it could not
have been done in an" other manner.
P%ob#)6
-, armed with .)? caliber and 2, who has no weapon, robbed a store' but in
the course thereof, were seen by ", a policeman who was armed with a .1@ caliber
gun, and when he demanded for the surrender of - and 2, - shot him but missed,
and so " repelled the attack. In the exchange of shots, - was killed, together with 2,
and # the owner of the store. The three were killed by the bullets fired from a .1@
caliber. In such case, " is not liable for the death of - due to self-defense as all the
three *)% elements were present. Ae is not also liable for the death of 2, not because
of self-defense because the latter being weaponless can not commit unlawful
aggression, but because of performance of duty. 3or the death of #, the store owner,
", is also not criminally liable obviously not because of self-defense nor of fulfillment
of duty but because of accident provided for in par. & of -rt. &(.
'ith the fact dul" established b" the prosecution that the appellant was guilt" of negligence,
this exempting circumstance cannot be applied because application presupposes that there
is no fault or negligence on the part of the person performing the lawful act.
Accident happens outside the swa" of our will, and although it comes about some act of our
will, lies be"ond the bounds of humanl" foreseeable conse2uences. If the conse,uences
are plainly foreseeable, it will be a case of negligence.
#he accused, who, while hunting saw wild chickens and fired a shot can be considered to be
in the performance of a lawful act executed with due care and without intention of doing harm
when such short recoiled and accidentall" wounded another. 3uch was established
because the deceased was not in the direction at which the accused fired his gun.
#he chauffeur, who while driving on the proper side of the road at a moderate speed and with
due diligence, suddenl" and unexpectedl" saw a man in front of his vehicle coming from the
sidewalk and crossing the street without an" warning that he would do so, in effect being run
over b" the said chauffeur, was held not criminall" liable, it being b" mere accident.
* The infliction of the injury by mere accident does not give rise to a criminal or civil liability, but the
person who caused the injury is duty bound to attend to the person who was injured. If he would abandon
him, it is in that abandonment that the crime arises which is punished under the second paragraph of
rticle )EG.
@. An( person who acts $n)er the comp$lsion of an irresisti'le force.
IRR"%I%TI1L" 2#RC": Basis+ complete absence of freedom, an element of voluntariness
Elements+
a& 'hat the compulsion is by means of physical force
b& 'hat the physical force must be irresistible&
c& 'hat the physical force must come from a third person
37
CALLANTA
Force, to be irresistible, must produce such an effect on an individual that despite of his
resistance, it reduces him to a mere instrument and, as such, incapable of committing a
crime. (t compels his member to act and his mind to obe". (t must act upon him from the
outside and b" a third person. Ae must act not only without a will but also against his
will.
=aculi, who was accused but not a member of a band which murdered some American
school teachers and was seen and compelled b" the leaders of the band to bur" the bodies,
was not criminall" liable as accessor" for concealing the bod" of the crime. =aculi acted
under the compulsion of an irresistible force.
(rresistible force can never consist in an impulse or passion, or obfuscation. It must consist
of an extraneous force coming from a third person.
D. An( person who acts $n)er the imp$lse of an $ncontrolla'le fear of an
e*$al or greater in=$r(.
3NC#NTR#LLA1L" 2"AR: Basis+ complete absence of freedom
Elements
a& that the threat which causes the fear is of an evil greater than, or at least equal to that
w=c he is required to commit
b& that it promises an evil of such gravity and imminence that the ordinary man would
have succumbed to it&
/uress, to be a valid defense, should be based on real, imminent or reasonable fear for
oneBs life or limb. (t should not be inspired b" speculative, fanciful or remote fear.
* The fear must be grave, actual, serious and of such kind that majority of men
would succumb to such moral compulsion. The latter must be such as to leave a
reasonable fear for one:s life or limb and not speculative, fanciful or remote fear. (Pp
vs& Parula, FF Phil 92>)
Threat of future injury is not enough. #he compulsion must leave no opportunit" to the
accused for escape or self$defense in e2ual combat.
9uress is the use of violence or ph"sical force.
#here is uncontrollable fear is when the offender emplo"s intimidation or threat in compelling
another to commit a crime, while irresistible force is when the offender uses violence or
ph"sical force to compel another person to commit a crime.
1an act done by me against my will is not my act0
* The offender must be totally deprived of freedom. If the offender has still freedom of choice, whether to
act or not, even if force was employed on him or even if he is suffering from uncontrollable fear, he is not
exempt from criminal liability because he is still possessed with voluntariness. In exempting
circumstances, the offender must act without voluntariness.
* The distinction between irresistible force and uncontrollable fear is that, in the
former, the offender uses violence or physical force to compel another person to
commit a crime' while in the latter, the offender employs threat or intimidation to
compel another to commit a crime. 8ince the actor acted without freedom, he incurs
no criminal liability.
G. An( person who fails to perform an act re*$ire) '( law4 when pre+ente) '(
some lawf$l or ins$pera'le ca$se.
LAW23L #R IN%3"RA1L" CA3%": Basis+ acts without intent, the third condition of
voluntariness in intentional felon"
38
CALLANTA
Elements+
a& 'hat an act is
required by law to be done
b& 'hat a person
fails to perform such act
c& 'hat his failure
to perform such act was due to some lawful or insuperable cause
2xamples of lawful cause8
a. !riest canBt be compelled to reveal what was confessed to him
b. )o available transportation officer not liable for arbitrar" detention
c. Mother who was overcome b" severe di++iness and extreme debilit", leaving child to die
not liable for infanticide
To be an 2H2,"TIN9 circumstance ()#6)# (3 'A)#()F
I1TE1T presupposes the exercise of freedom and the use of intelligence
/istinction between :ustifying and exempting circumstance+
a. 6xempting there is a crime but there is no criminal. Act is not &ustified but the actor is
not criminall" liable.
9eneral 3ule8 #here is civil liabilit"

2xception* !ar 4 4causing an in&ur" b" mere accident5 and !ar . 4lawful cause5

b. <ustifying person does not transgress the law, does not commit an" crime because
there is nothing unlawful in the act as well as the intention of the actor.
0istinction 'etween ",empting an) 7$stif(ing Circ$mstances
Exempting Circumstance (ustifying Circumstance
6xistence
of a crime
#here is a crime but there is no
criminal, the actor is exempted
from liabilit" of his act
#here is no crime, the act is &ustified
A'sol$tor( Ca$ses are those where the act committed is a crime but for some reason of
public polic" and sentiment, there is no penalt" imposed.
6xempting and Justif"ing %ircumstances are absolutor" causes.
@ther examples of absolutory causes8
15 Art / spontaneous desistance
25 Art 2; accessories exempt from criminal liabilit"
35 Art 1: par 1 profiting oneBs self or assisting offenders to profit b" the effects of the crime
(nstigation v. 6ntrapment
IN%TIGATI#N "NTRAM"NT
(nstigator practicall" induces the would$be
accused into the commission of the
offense and himself becomes co$principal
#he wa"s and means are resorted to for
the purpose of trapping and capturing the
lawbreaker in the execution of his criminal
plan.
Accused will be ac2uitted )<# a bar to accusedBs prosecution and
conviction
Absolutor" cause )<# an absolutor" cause
MITIGATING CIRC3M%TANC"%
/efinition #hose circumstance which reduce the penalt" of a crime
39
CALLANTA
"ffect -educes the penalt" of the crime but does not erase criminal liabilit" nor change the
nature of the crime
Einds of 'itigating Circumstance*
ri+ilege) Mitigating #r)inar( Mitigating
;ffset by any
aggravating
circumstance
%annot be offset b" an" aggravating
circumstance
%an be offset b" a generic
aggravating circumstance
6ffect on the
penalty
0as the effect of imposing the
penalt" b" 1 or 2 degrees lower than
that provided b" law
(f not offset, has the effect of
imposing the penalt" in the
minimum period
Einds Minorit", (ncomplete 3elf$defense,
two or more mitigating
circumstances without an"
aggravating circumstance 4has the
effect of lowering the penalt" b" one
degree5
#hose circumstances
enumerated in paragraph 1 to 1;
of Article 13
IB !68#'I;B '; '@6 I&)&8&
"rivilege mitigating circumstance will apply over and above all other considerations. 'hen "ou arrive at
the correct penalt", that is the time when "ou find out whether the (ndeterminate 3entence >aw will appl"
or not.
For purposes of lowering the penalty by one or two degrees, the age of the offender at the time of the
commission of the crime shall be the basis, not the age of the offender at the time the sentence is to be
imposed. $ut for purposes of suspension of the sentence, the age of the offender at the time the crime
was committed is not considered, it is the age of the offender at the time the sentence is to be
promulgated.
Article 59. Aitigating circumstances. ;;
5. Those mentione) in the prece)ing chapter4 when all the re*$isites necessar( to
=$stif( the act or to e,empt from criminal lia'ilit( in the respecti+e cases are not
atten)ant
7$stif(ing circ$mstances
a. 2elf-defenseFdefense of relativeFdefense of stranger unlawful aggression
must be present for rt &F to be applicable. <ther 2 elements not necessar". If )
re(uisites are present 1 considered a privileged mitigating circumstance.
2xample8 Juan makes fun of !edro. !edro gets pissed off, gets a knife and tries to stab
Juan. Juan grabs his own knife and kills !edro. (ncomplete self$defense because
although there was unlawful aggression and reasonable means to repel was taken, there
was sufficient provocation on the part of Juan. =ut since 2 elements are present, it
considered as privileged mitigating.
3ow if at all may incomplete self-defense affect the criminal liability of the offenderD
(f the 2uestion specificall" refers to incomplete self$defense, defense of relative or defense of stranger, "ou
have to 2ualif" "our answer.
6irst to have incomplete self?defense, the offended party must be guilty of unlawful aggression. 'ithout
this, there can be no incomplete self$defense, defense of relative, or defense of stranger.
2econd, if only the element of unlawful aggression is present, the other re(uisites being absent, the
offender shall be given only the benefit of an ordinary mitigating circumstance.
Third if aside from the element of unlawful aggression another re(uisite, but not all, are present, the
offender shall be given the benefit of a privileged mitigating circumstance. In such a case, the imposable
penalt" shall be reduced b" one or two degrees depending upon how the court regards the importance of
the re2uisites present. <r absent.
40
CALLANTA
b. 2tate of 1ecessity ,par A- avoidance of greater evil or in:ury1 if an" of the last 2
re2uisites is absent, thereBs onl" an ordinar" Mitigating %ircumstance.

2xample* 'hile driving his car, Juan sees !edro carelessl" crossing the street. Juan
swerves to avoid him, thus hitting a motorbike with 2 passengers, killing them instantl".
)ot all re2uisites to &ustif" act were present because harm done to avoid in&ur" is greater.
%onsidered as mitigating.
c. 0erformance of /uty ,par 5-
2xample* Juan is supposed to arrest !edro. 0e thus goes to !edroBs hideout. Juan sees
a man asleep. #hinking it was !edro, Juan shot him. Juan ma" have acted in the
performance of his dut" but the crime was not a necessar" conse2uence thereof.
%onsidered as mitigating.
",empting circ$mstance
a. 'inority over % and under $5 if minor acted with discernment, considered !rivilege
mitigating
2xample* 13 "ear old stole goods at nighttime. Acted with discernment as shown b" the
manner in which the act was committed.

* If the offender is proven to have acted with discernment, this is where the court may give him
the benefit of a suspended sentence. He may be given the benefit of a suspended sentence
under the conditions mentioned earlier and only if he would file an application therefor.
b. Causing in:ury by mere accident if 2
nd
re2uisite 4due care5 and 1
st
part of 4
th
re2uisite
4without fault thus negligence onl"5 are A=36)#, considered as mitigating because the
penalt" is lower than that provided for intentional felon".
2xample* !olice officer tries to stop a fight between Juan and !edro b" firing his gun in
the air. =ullet ricocheted and killed !etra. <fficer willfull" discharged his gun but was
unmindful of the fact that area was populated.

c. 7ncontrollable fear onl" one re2uisite present, considered mitigating
2xample* Ander threat that their farm will be burned, !edro and Juan took turns guarding
it at night. !edro fired in the air when a person in the shadows refused to reveal his
identit". Juan was awakened and shot the unidentified person. #urned out to be a
neighbor looking for is pet. Juan ma" have acted under the influence of fear but such fear
was not entirel" uncontrollable. %onsidered mitigating.
:. That the offen)er is 3N0"R 5H ."AR% of age or #&"R GI ."AR%. In the case of
a minor4 he shall 'e procee)e) against in accor)ance with the pro+isions of Art
58: of 0 8I9
Applicable to+
a. <ffender over :, under 18 who acted with discernment
b. <ffender over 18, under 1E
3
4 c. <ffender over .; "ears
ge of accused which should be determined as his age at the date of commission of crime,
not date of trial
&ARI#3% AG"% AN0 T-"IR L"GAL "22"CT%
a. under : exemptive circumstance
41
CALLANTA
b. over :, below 2> exemptive1 except if acted with discernment
c& minor delinquent under 2F sentence ma" be suspended 4!9 /;35
d. under 2F privileged mitigating circumstance
e. 2F and above full criminal responsibilit"
f. ?G and above mitigating circumstance1 no imposition of death penalt"1 execution
of death sentence if alread" imposed is suspended and commuted.
* *f the minor acted with discernment! age +-,- ', he is entitled to a privileged
mitigating circumstance and by source of authority of -rticle 4?, the penalty is
reduced by two degrees from that prescribed by law for the crime committed. *f the
offender is over fifteen and under eighteen years of age, discernment is no longer in
issue but the offender is entitled to a privileged mitigating circumstance and the
reduction is only by one degree. (7arcia vs& Aadrigal, F>? Phil& 9>2)
9. That the offen)er ha) no intention to commit so gra+e a wrong as that
committe) (Praeter Intentionem)
5
%an be used onl" when the facts prove to show that there is a notable and evident
disproportion between means employed to execute the criminal act and its conse(uences
* *ntent is an indispensable element of the crime. !hen the intent is less than the
actual act committed, reason and fair play dictate that a mitigated responsibility be
imposed upon the offender.
Intention+ as an internal act, is &udged b" the proportion of the means emplo"ed to the evil
produced b" the act, and also b" the fact that the blow was or was not aimed at a vital part of
the bod".
<udge by considering 415 the weapon used, 425 the in&ur" inflicted and 435 the attitude of mind
when the accuser attacked the other.
2xample* !edro stabbed #omas on the arm. #omas did not have the wound treated, so he
died from loss of blood.
Not applicable when offender employed brute force
2xample* -apist choked victim. =rute force of choking contradicts claim that he had no
intention to kill the girl.
Art 13, par 3 addresses itself to the intention of the offender at the particular moment when
he executes or commits the criminal act, not to his intention during the planning stage.
In crimes against persons if victim does not die, the absence of the intent to kill reduces the
felon" to mere ph"sical in&uries. (t is not considered as mitigating. Mitigating onl" when the
victim dies.
2xample* As part of fun$making, Juan merel" intended to burn !edroBs clothes. !edro
received minor burns. Juan is charged with ph"sical in&uries. 0ad !edro died, Juan would be
entitled to the mitigating circumstance.
)ot applicable to felonies b" negligence. 'h"@ (n felonies through negligence, the offender
acts without intent. #he intent in intentional felonies is replaced b" negligence, imprudence,
lack of foresight or lack of skill in culpable felonies. #here is no intent on the part of the
offender which ma" be considered as diminished.
=asis of par 3* intent, an element of voluntariness in intentional felon", is diminished
raeter intentionem
#he common circumstance given in the bar of praeter intentionem, under paragraph 3, means that there
must be a notable disproportion between the means employed by the offender compared to that of the
42
CALLANTA
resulting felony. (f the resulting felon" could be expected from the means emplo"ed, this circumstance
does not avail. This circumstance does not apply when the crime results from criminal negligence or
culpa. 'hen the crime is the product of reckless imprudence or simple negligence, mitigating
circumstances does not appl". #his is one of the three instances where the offender has performed a
felon" different from that which he intended. #herefore, this is the product of intentional felony, not a
culpable one.
?. That the %322ICI"NT R#&#CATI#N #R T-R"AT on the part of the offen)e)
part( imme)iatel( prece)e) the act.
0rovocation 4 an" un&ust or improper conduct or act of the offended part", capable of
exciting, inciting or irritating an"one.
Basis+ diminution of intelligence and intent
Re*$isites:
a. 0rovocation must be sufficient.
1. -ufficient ade2uate enough to excite a person to commit the wrong and must
accordingl" be proportionate to its gravit".
2. -ufficiency depends on8
the act constituting the provocation
the social standing of the person provoked
time and place provocation took place
3. 2xample* Juan likes to hit and curse his servant. 0is servant thus killed him. #hereBs
mitigating circumstance because of sufficient provocation.
4. 'hen it was the defendant who sought the deceased, the challenge to fight b" the
deceased is )<# sufficient provocation.
b. It must originate from the offended party
1. 'h"@ >aw sa"s the provocation is Hon the part of the offended part"I
2. 2xample8 #omasB mother insulted !etra. !etra kills #omas because of the insults. )o
Mitigating %ircumstance because it was the mother who insulted her, not #omas.
3. !rovocation b" the deceased in the first stage of the fight is not Mitigating
%ircumstance when the accused killed him after he had fled because the deceased
from the moment he fled did not give an" provocation for the accused to pursue and
attack him.

c. 0rovocation must be immediate to the act. i.e., to the commission of the crime b" the
person who is provoked
1. 'h"@ (f there was an interval of time, the conduct of the offended
part" could not have excited the accused to the commission of the crime, he having
had time to regain his reason and to exercise self$control.
2. Threat should not be offensive and positively strong because if it
was, the threat to inflict real in&ur" is an unlawful aggression which ma" give rise to
self$defense and thus no longer a Mitigating %ircumstance
* The commission of the felony must be immediate to the threat or provocation in order that this
circumstance be mitigating. (f there is sufficient break of time before the provocation or threat and the
conse2uent commission of the crime, the law presupposes that during that interval, whatever anger or
diminished self control ma" have emerged from the offender had alread" vanished or disappeared.
* #his is the correct interpretation of paragraph 4, Article 13. s long as the offender at the time he
committed the felony was still under the influence of the outrage caused by the provocation or threat, he is
acting under a diminished self control. #his is the reason wh" it is mitigating.
* >ou have to loo# at two criteria *
415 (f from the element of time, there is a material lapse of time stated in the problem and there is
nothing stated in the problem that the effect of the threat or provocation had prolonged and
affected the offender at the time he committed the crime, then "ou use the criterion based on the
time element.
425 0owever, if there is that time element and at the same time, facts are given indicating that at the
time the offender committed the crime, he is still suffering from outrage of the threat or provocation
done to him, then he will still get the benefit of this mitigating circumstance.
43
CALLANTA
* In 0eople v. /io<no a +hinaman eloped with a woman. ctually, it was almost three days before
accused was able to locate the house where the +hinaman brought the woman. Here, sufficient
provocation was one of the mitigating circumstances considered by the -upreme +ourt in favor of the
accused.
@. That the act was committe) in the IMM"0IAT" &IN0ICATI#N #2 A GRA&"
#22"N%" to the one committing the felon( ()elito!4 his spo$se4 ascen)ants4
)escen)ants4 legitimate4 nat$ral or a)opte) 'rother or sisters4 or relati+es '(
affinit( within the same )egree.

* This has reference to the honor of a person. It concerns the good names and
reputation of the individual. (Pp vs& #npar, 5? Phil& 4G2)
*e.uisites+
1. thereBs a grave offense done to the one committing the felon" etc.
2. that the felon" is committed in vindication of such grave offense.
* :apse of time is allowed between the vindication and the one doing the offense 4proximate
time, not &ust immediatel" after5
2xample* Juan caught his wife and his friend in a compromising situation. Juan kills his friend the
next da" still considered proximate.
0*!8!CATI!1 8I1/ICATI!1
Made directl" onl" to the person
committing the felon"
Frave offense ma" be also against the
offenderBs relatives mentioned b" law
%ause that brought about the provocation
need not be a grave offense
<ffended part" must have done a grave
offense to the offender or his relatives
)ecessar" that provocation or threat
immediatel" preceded the act. )o time
interval
Ma" be proximate. #ime interval allowed
,ore lenient in vindication because offense concerns the honor of the person. 3uch is more
worth" of consideration than mere spite against the one giving the provocation or threat.
&in)ication of a gra+e offense
* #he word HoffenseI should not be taken as a crime. (t is enough if what was imputed or what was done
was wrong. In considering whether the wrong is a grave one upon the person who committed the crime,
his age, education and social status will be considered.
* Here, in vindication of a grave offense, the vindication need not be done by the person upon whom the
grave offense was committed. 3o, unlike in sufficient threat or provocation where the crime should be
inflicted upon the ver" person who made the threat or provocation, here, it need not be the same person
who committed the grave offense or who was offended b" the wrong done b" the offended part".
* #he word HimmediateI here does not carr" the same meaning as that under paragraph 4. #he word
HimmediateI here is an erroneous 3panish translation because the 3panish word is HproximaI and not
Himmediatementa.I Therefore, it is enough that the offender committed the crime with the grave offense
done to him, his spouse, his ascendant or descendant or to his brother or sister, whether natural, adopted
or legitimate and that is the proximate cause of the commission of the crime.
* It would seem that the rule is that, the court must consider the lasting effect and
influence of the grave offense to the offender when he resorted to commit the crime
to vindicate such grave offense.
,indication of a grave offense and passion and obfuscation canBt be counted separatel" and
independentl"
D. That of ha+ing acte) $pon an imp$lse so powerf$l as nat$rall( to ha+e
pro)$ce) A%%I#N #R #123%CATI#N
44
CALLANTA
* .assion and obfuscation refer to emotional feeling which produces excitement so
powerful as to overcome reason and self-control. It must come from prior unjust or
improper acts. The passion and obfuscation must emanate from legitimate
sentiments.
"assion and obfuscation is mitigating* when there are causes naturall" producing in a person
powerful excitement, he loses his reason and self$control. #hereb" dismissing the exercise of
his will power.
"--I@N N= @$F;-+TI@N are ,itigating +ircumstances only when the same arise
from lawful sentiments 4not Mitigating %ircumstance when done in the spirit of revenge or
lawlessness5
*e.uisites for 0assion G !bfuscation
a. #he offender acted on impulse powerful enough to produce passion or obfuscation
b. #hat the act was committed not in the spirit of lawlessness or revenge
c. #he act must come from lawful sentiments
Act which gave rise to passion and obfuscation
a. #hat there be an act, both unlawful and un&ust
b. #he act be sufficient to produce a condition of mind
c. #hat the act was proximate to the criminal act
d. #he victim must be the one who caused the passion or obfuscation
2xample8 Juan saw #omas hitting his 4Juan5 son. Juan stabbed #omas. Juan is entitled to
Mitigating %ircumstance of !L< as his actuation arose from a natural instinct that impels a
father to rush to the rescue of his son.
The obfuscation must be caused by unlawful act
'he exercise of a right or a fulfillment of a duty is not the proper source of PH;.
2xample* A policeman arrested Juan as he was making a public disturbance on the streets.
JuanBs anger and indignation resulting from the arrest canBt be considered passionate
obfuscation because the policeman was doing a lawful act.
The act must be sufficient to produce a condition of mind. (f the cause of the loss of self$
control was trivial and slight, the obfuscation is not mitigating.
2xample* JuanBs boss punched him for not going to work the other da". %ause is slight.
#here could have been no Mitigating %ircumstance of !L< when more than 24 hours
elapsed between the alleged insult and the commission of the felon", or several hours have
passed between the cause of the !L< and the commission of the crime, or at least M hours
intervened between the previous fight and subse2uent killing of deceased b" accused.
Not mitigating if relationship is illegitimate
#he passion or obfuscation will be considered even if it is based onl" on the honest belief of
the offender, even if facts turn out to prove that his beliefs were wrong.
!assion and obfuscation cannot co$exist with treacher" since that means the offender has
had time to ponder his course of action.
!A33(<) A)9 <=7A3%A#(<) arising from one and the same cause should be treated as
onl" one mitigating circumstance
,indication of grave offense canBt co$exist w? !A33(<) A)9 <=7A3%A#(<)
A%%I#N AN0 #123%CATI#N IRR"%ITI1L" 2#RC"
45
CALLANTA
Mitigating 6xempting
)o ph"sical force needed -e2uires ph"sical force
7rom the offender himself Must come from a 3rd person
Must come from lawful sentiments Anlawful
A%%I#N AN0 #123%CATI#N R#&#CATI#N
!roduced b" an impulse which ma" be
caused b" provocation
%omes from in&ured part"
<ffense, which engenders perturbation of
mind, need not be immediate. (t is onl"
re2uired that the influence thereof lasts
until the crime is committed
Must immediatel" precede the commission
of the crime
6ffect is loss of reason and self$control on
the part of the offender
3ame
* there is a ruling to the effect that if the offender is given the benefit of paragraph D, he cannot be given
the benefit of paragraph G or I, or vice?versa. @nly one of the three mitigating circumstances should be
given in favor of the offender.
* However, in one case, one of the mitigating circumstances under paragraphs 4, 8 and / stands or arises
from a set of facts, and another mitigating circumstance arises from another set of facts. 3ince the" are
predicated on different set of facts, the" ma" be appreciated together, although the" arose from one and
the same case. 0ence, the prohibition against considering all these mitigating circumstances together and
not as one applies onl" if the" would be taken on the basis of the same set of facts.
* If the case involves a series of facts, then "ou can predicate an" one of these circumstances on one fact
and the other on another fact and so on.
G. That the offen)er ha) &#L3NTARIL. %3RR"N0"R"0 himself to a person in
a$thorit( or his agents4 or that he ha) &#L3NTARIL. C#N2"%%"0 -I% G3ILT
'efore the co$rt prior to the presentation of the e+i)ence for the prosec$tion.
" 'itigating Circumstances present+
a5 voluntaril" surrendered
b5 voluntaril" confessed his guilt
If both are present, considered as ) independent mitigating circumstances. Mitigate penalt"
to a greater extent
R"E3I%IT"% #2 &#L3NTAR. %3RR"N0"R:
a) offender not actually arrested
b) offender surrendered to a person in authority or the latterIs agent
c) surrender was voluntary
2urrender must be spontaneous shows his interest to surrender unconditionall" to the
authorities
2pontaneous emphasi+es the idea of inner impulse, acting without external stimulus. #he
conduct of the accused, not his intention alone, after the commission of the offense,
determines the spontaneit" of the surrender.
2xample* 3urrendered after 8 "ears, not spontaneous an"more.
2xample* 3urrendered after talking to town councilor. )ot ,.3. because thereBs an external
stimulus
%onduct must indicate a desire to own the responsibilit"
Not mitigating when warrant already served. 3urrender ma" be considered mitigating if
warrant not served or returned unserved because accused canBt be located.
46
CALLANTA
* ;The law does not re,uire that the accused surrender prior to the order of arrest,<
what matters is the spontaneous surrender of the accused upon learning that a
warrant of arrest had been issued against him and that voluntary surrender is
obedience to the order of arrest is issued against him. (Pp vs& "ahilig, 9F Phil& ?JG)
3urrender of person re2uired. )ot &ust of weapon.
0erson in authority one directl" vested with &urisdiction, whether as an individual or as a
member of some court?government?corporation?board?commission. =arrio captain?chairman
included.
Agent of person in authority person who b" direct provision of law, or b" election, or b"
appointment b" competent authorit" is charged with the maintenance of public order and the
protection and securit" of life and propert" and an" person who comes to the aid of persons
in authorit".
-!% does not make distinction among the various moments when surrender ma" occur.
3urrender must be b" reason of the commission of the crime for which defendant is charged
&#L3NTAR. %3RR"N0"R
The essence of voluntary surrender re(uires that the offender, after having committed the crime, had
evaded the law enforcers and the law enforcers do not #now of his whereabouts. In short, he continues to
elude arrest. (f, under this circumstance, the offender would come out in the open and he gives himself
up, his act of doing so will be considered as indicative of repentance and he also saves the government
the time and the expense of looking for him.
s a general rule, if after committing the crime, the offender did not flee and he went with the responding
law enforcers meekl", voluntar" surrender is not applicable.
However, there is a ruling that if after committing the crime, the offender did not flee and instead waited for
the law enforcers to arrive and he surrendered the weapon he used in killing the victim, the ruling was that
voluntar" surrender is mitigating. (n this case, the offender had the opportunit" to go into hiding, the fact
that he did not flee is voluntar" surrender.
However, if he comes out from hiding because he is seriousl" ill and he went to get medical treatment, the
surrender is not considered as indicative of remorse or repentance. #he surrender here is onl" done out of
convenience to save his own self. 0ence, it is not mitigating.
2ven if the offender may have gone into hiding, if the law enforcers had alread" known where he is hiding
and it is &ust a matter of time before he is flushed out of that place, then even if the law enforcers do not
know exactl" where he was hiding and he would come out, this is not voluntar" surrender.
0hether or not a warrant of arrest had been issued against the offender is immaterial and irrelevant. #he
criterion is whether or not the offender had gone into hiding or had the opportunit" to go into hiding and the
law enforcers do not know of his whereabouts. (f he would give up, his act of surrendering under such
circumstance indicates that he is willing to accept the conse2uences of the wrong he has done and also
thereb" saves the government the effort, the time and the expenses to be incurred in looking for him.
2urrender to be considered voluntary and thus mitigating, must be spontaneous, demonstrating an
intent to submit himself unconditionally to the person in authority or his agent in authority, because %&' he
ac#nowledges his guilt %)' he wishes to save the government the trouble and expenses of searching and
capturing him. 'here the reason for the surrender of the accused was to insure his safet", his arrest b"
policemen pursuing him being inevitable, the surrender is not spontaneous.
,- If the accused escapes from the scene of the crime in order to seek advice from a
lawyer, and the latter ordered him to surrender voluntarily to the authorities, which
the accused followed by surrendering himself to the municipal mayor, will his
surrender be considered mitigatingB
A- The answer is yes, because he fled to the scene of a crime not to escape but to
seek legal advice.
,- 8upposing that after the accused met a vehicular accident causing multiple
homicide because of reckless imprudence, he surrenders to the authorities
47
CALLANTA
immediately thereafter, will his surrender mitigate his criminal liability because of
-rt. &)B
A- The answer is no, because in cases involving felonies committed by means of
culpa, the court is authoried under -rt. )4@ to impose a penalty upon offender
without regard to the rules on mitigating and aggravating circumstances.
R"E3I%IT"% 2#R L"A #2 G3ILT.
a) offender spontaneously confessed his guilt
b) confession of guilt was made in open court (competent court)
c) confession of guilt was made prior to the presentation of evidence for the prosecution
To be mitigating, the plea of guilty must be without conditions. 2ut conditional
plea of guilty may still be mitigating if the conditions imposed by the accused are
found to be meritorious.
"lea of guilty not applicable to special law.
plea made after arraignment and after trial has begun does not entitle accused to have plea
considered as Mitigating %ircumstance
plea in the -#% in a case appealed from the M#% is not mitigating $ must ma#e plea at the
first opportunity
plea during the preliminar" investigation is no plea at all
even if during arraignment, accused pleaded not guilt", he is entitled to Mitigating
%ircumstance as long as he withdraws his plea of not guilt" to the charge before the fiscal
could present his evidence
plea to a lesser charge is not Mitigating %ircumstance because to be voluntar" plea of guilt",
must be to the offense charged
plea to the offense charged in the amended info, lesser than that charged in the original info,
is Mitigating %ircumstance
present -ules of %ourt re2uire that even if accused pleaded guilt" to a capital offense, its
mandator" for court to re2uire the prosecution to prove the guilt of the accused being
likewise entitled to present evidence to prove, inter alia, Mitigating %ircumstance
H. That the offen)er is )eaf an) )$m'4 'lin) or otherwise s$ffering from some
-.%ICAL 0"2"CT wJc th$s restricts his means of action4 )efense or
comm$nication wJ his fellow 'eings.
Basis+ one suffering from ph"sical defect which restricts him does not have complete
freedom of action and therefore, there is diminution of that element of voluntariness.
* The law says that the offender is deaf and dumb, meaning not only deaf but also
dumb, or that he is blind, meaning in both eyes, but even if he is only deaf and not
dumb, or dumb only but not deaf, or blind only in one eye, he I still entitled to a
mitigating circumstance under this article as long as his physical defects restricts his
means of action, defense communication with his fellowmen. The restriction
however, must relate to the mode of committing the crime.
)o distinction between educated and uneducated deaf$mute or blind persons
The physical defect of the offender should restrict his means of action, defense or
communication with fellow beings, this has been extended to cover cripples, armless people
even stutterers.
48
CALLANTA
#he circumstance assumes that with their ph"sical defect, the offenders do not have a
complete freedom of action therefore diminishing the element of voluntariness in the
commission of a crime.
* The physical defect that a person may have must have a relation to the commission of the crime. Not
any physical defect will affect the crime. It will only do so if it has some relation to the crime committed.
This circumstance must also have a bearing on the crime committed and must depend on how the crime
was committed.

8. %$ch ILLN"%% of the offen)er as wo$l) )iminish the e,ercise of the will;power
of the offen)er wJo )epri+ing him of conscio$sness of his acts.
Basis+ diminution of intelligence and intent
Re*$isites:
a5 illness of the offender must diminish the exercise of his will$power
b5 such illness should not deprive the offender of consciousness of his acts
* If the illness not only diminishes the exercise of the offender:s will power but
deprives him of the consciousness of his acts, it becomes an exempting
circumstance to be classified as insanity or imbecility.
deceased mind, not amounting to insanit", ma" give place to mitigation
* 3eeblemindedness of the accused who, in a fit of jealousy, stabbed his wife, then
carried her up to the house, laid her on the floor and then lay down beside her,
warrants the finding in his favor of this mitigating circumstance. (Pp vs& .ormigones, F?
Phil& 9>F)
5I. An) AN. #T-"R CIRC3M%TANC" of a similar nat$re an) analogo$s to those
a'o+e;mentione)
6xamples of 1any other circumstance0-
a5 defendant who is /; "ears old with failing e"esight is similar to a case of one over
.; "ears old
b5 outraged feeling of owner of animal taken for ransom is analogous to vindication
of grave offense
c5 impulse of &ealous feeling, similar to !A33(<) A)9 <=7A3%A#(<)
d5 voluntar" restitution of propert", similar to voluntar" surrender
e5 extreme povert", similar to incomplete &ustification based on state of necessit"
f5 esprit de corps is similar to passion or obfuscation
Analogo$s cases
* #he act of the offender of leading the law enforcers to the place where he buried the instrument of the
crime has been considered as e(uivalent to voluntary surrender. #he act of a thief in leading the
authorities to the place where he disposed of the loot has been considered as analogous or e(uivalent to
voluntary surrender.
* 3tealing b" a person who is driven to do so out of extreme povert" is considered as analogous to
incomplete state of necessity. 0owever, this is not so where the offender became impoverished because
of his own wa" of living his life. (f his lifest"le is one of having so man" vices, as a result of which he
became poor, his subse2uent stealing because of his povert" will not be considered mitigated b"
incomplete state of necessit".
B;' analogous-
a5 killing wrong person
b5 not resisting arrest not the same as voluntar" surrender
49
CALLANTA
c5 running amuck is not mitigating
'ITIGATI1G CI*C7'2TA1CE which arise from+
a) moral attributes of the offender
2xample* Juan and #omas killed !edro. Juan acted w? !A33(<) A)9 <=7A3%A#(<).
<nl" Juan will be entitled to Mitigating %ircumstance
b) private relations with the offended party
2xample* Juan stole his brotherBs watch. Juan sold it to !edro, who knew it was stolen.
#he circumstance of relation arose from private relation of Juan and the brother. 9oes
not mitigate !edro.

c) other personal cause
2xample* Minor, acting with discernment robbed Juan. !edro, passing b", helped the
minor. %ircumstance of minorit", mitigates liabilit" of minor onl".
)hall serve to mitigate the liability of the principals, accomplices and accessories to whom the
circumstances are attendant&
Circumstances which are neither exempting nor mitigating
a5 mistake in the blow
b5 mistake in the identit" of the victim
c5 entrapment of the accused
d5 accused is over 1E "ears old
e5 performance of a righteous action
2xample* Juan saved the lives of :: people but caused the death of the last person, he is
still criminall" liable
No"#6 0nder the +ules of #ourt on 0#a ba%3a'*'*3, the accused is allowed
to negotiate with the prosecution during his arraignment, to enter a plea for a lesser
offense, or for the consideration of mitigating circumstances under -rt. &)' for the
prosecution to forego or delete aggravating circumstances, without regard to the
rules and jurisprudence mentioned above.
AGGRA&ATING CIRC3M%TANC"%
/efinition 4 #hose circumstance which raise the penalt" for a crime without exceeding the
maximum applicable to that crime.
Basis+ The greater perversity of the offense as shown by8
a5 the motivating power behind the act
b5 the place where the act was committed
c5 the means and wa"s used
d5 the time
e5 the personal circumstance of the offender
f5 the personal circumstance of the victim
Cin)s:
a5 Generic 4 generall" applicable to all crimes
b5 2pecific 4 appl" onl" to specific crimes 4ignomin" for chastit" crimes1 treacher"
for persons crimes5
50
CALLANTA
c5 Hualifying 4 those that change the nature of the crime 4evident premeditation
becomes murder5
d5 Inherent 4 necessaril" accompanies the commission of the crime1 it is an ele
ment of the crime committed 4evident premeditation in theft, estafa5
E3ALI2.ING AGGRA&ATING
CIRC3M%TANC"
G"N"RIC AGGRA&ATING
CIRC3M%TANC"
Fives the proper and exclusive name,
places the author thereof in such a
situation as to deserve no other penalt"
than that specificall" prescribed b" law
(ncrease penalt" to the maximum, without
exceeding limit prescribed b" law
%anBt be offset b" Mitigating %ircumstance Ma" be compensated b" Mitigating
%ircumstance
Must be alleged in the information. (ntegral
part of the offense
)eed not be alleged. Ma" be proved over
the ob&ection of the defense. Nualif"ing if
not alleged will make it generic
#ggravating "ircumstances which +; B;' have the effect of increasing the penalty-
&' which themselves constitute a crime specifically punishable by law or which are
included in the law defining a crime and prescribing the penalty thereof
2xample* breaking a window to get inside the house and rob it
)' aggravating circumstance inherent in the crime to such degree that it must of
necessity accompany the commission thereof
2xample* evident premeditation inherent in theft, robber", estafa, adulter" and
concubinage
ggravating circumstances are not presumed. Must be proved as full" as the crime itself in
order to increase the penalt".
Art 5?. #ggravating circumstances. K The following are aggra+ating circ$mstances:
5. That a)+antage 'e ta6en '( the offen)er of his 31LIC #%ITI#N
*e.uisite+
a& 'he offender is a public officer
b& 'he commission of the crime would not have been possible without the powers,
resources and influence of the office he holds&
* - 0!b'- o22'-#% is any person who, by *&% direct provision of the law, *(% popular
election or *)% appointment by competent authority shall take part in the
performance of public functions in the 7overnment of the "hilippine Islands or shall
perform in said 7overnment or in any of its branches, public duties as an employee,
agent or subordinate official of any rank or class.
Essential - !ublic officer used the influence, prestige or ascendanc" which his office gives
him as the means b" which he reali+ed his purpose.
* If the accused could have perpetrated the crime without occupying his position,
then there is no abuse of public position.
7ailure in official duties is tantamount to abusing of office
51
CALLANTA
* !hen the public position is an element of the offense like 2ribery *Cirect 6 -rticle
(&5, Indirect 6 (&&, or Dualified 2ribery 6 8ec. 1, +.-. E4@>%, this circumstance can
not be taken into consideration.
'earing of uniform is immaterial what matters is the proof that he indeed took advantage
of his position
Ta6ing a)+antage of p$'lic position
Article /2 was also amended b" the -epublic Act )o. ./8:. #he legal import of this amendment is that the
sub&ect circumstance has been made a .ualifying or special aggravating that shall not be offset or
compensated b" a mitigating circumstance. If not alleged in the information, however, but proven during
the trial, it is onl" appreciated as a generic aggravating circumstance.
* 0nder 8ec. (), & *a% of +.-. E4@>, when in the commission of the crime, advantage
was taken by the offender of his public position, the penalty to be imposed shall be
in its maximum regardless of mitigating circumstances.
:. That the crime 'e committe) IN C#NT"MT #2 #R WIT- IN%3LT T# T-"
31LIC A3T-#RITI"%
*e.uisites+
a& 'he offender %nows that a public authority is present
b& 'he public authority is engaged in the exercise of his functions
c& 'he public authority is not the victim of the crime
d& 'he public authorityIs presence did not prevent the criminal act
2xample* Juan and !edro are 2uarrelling and the municipal ma"or, upon passing b",
attempts to stop them. )otwithstanding the intervention and the presence of the ma"or, Juan
and !edro continue to 2uarrel until Juan succeeds in killing !edro.
erson in a$thorit( public authorit" who is directl" vested with &urisdiction, has the power
to govern and execute the laws
6xamples of Persons in #uthority
a. Fovernor
b. Ma"or
c. =aranga" captain
d. %ouncilors
e. Fovernment agents
f. %hief of !olice
!ule not applicable when committed in the presence of a mere agent.
Agent 4 subordinate public officer charged with the maintenance of public order and
protection and securit" of life and propert"
2xample* barrio vice lieutenant, barrio councilman
9. That the act 'e committe):
(5! with ins$lt or in )isregar) of the respect )$e to the offen)e) part( on acco$nt
of his (A! RANC4 (1! AG"4 (C! %"/ or
circumstances 4rank, age, sex5 ma" be taken into account only in crimes against persons or
honor, it cannot be invoked in crimes against propert"
*an< 4 refers to a high social position or standing b" which to determine oneBs pa" and
emoluments in an" scale of comparison within a position
52
CALLANTA
Age 4 the circumstance of lack of respect due to age applies in case where the victim is of
tender age as well as of old age 4age of the offended party5
2ex 4 refers to the female sex, not to the male sex1 not applicable when
a. #he offender acted w? !A33(<)
A)9 <=7A3%A#(<)
b. there exists a relation between the
offender and the victim 4but in cases of divorce decrees where there is a direct bearing
on their child, it is applicable5
c. the condition of being a woman is
indispensable in the commission of the crime 46x. !arricide, rape, abduction5
*e.uisite of disregard to ran< age or sex
a& "rimes must be against the victimIs person or his honor
b& 'here is deliberate intent to offend or insult the respect due to the victimIs ran%, age, or
sex
NOTE6 !hile nighttime is absorbed in treachery, the aggravating
circumstance of disregard of sex and age cannot be similarly absorbed, as Treachery
refers to the manner of the commission of the crime, while the latter pertains to the
relationship of the victim with the offender.(Pp vs& 8apa,, 2?2 )"!# >5:)
(:! that it 'e committe) in the 0W"LLING of the offen)e) part(4 if the latter has not
gi+en pro+ocation.
/welling 4 must be a building or structure exclusivel" used for rest and comfort 4combination
house and store not included5
a. ma" be temporar" as in the case of guests in a house or
bedspacers
b. basis for this is the sanctit" of privac" the law accords to
human abode
dwelling includes dependencies, the foot of the staircase and the enclosure under the house
Elements of the aggravating circumstance of dwelling
a& "rime occurred in the dwelling of the
victim
b& Bo provocation on the part of the victim
*e.uisites for 0rovocation+ A>> MA3# %<)%A-
a. given b" the owner of the dwelling
b. sufficient
c. immediate to the commission of the crime
* =welling will only be aggravating if it is the dwelling of the offended party. It should also not be the
dwelling of the offender. (f the dwelling is both that of the offended part" and the offender, dwelling is not
aggravating.
* =welling need not be owned by the offended party. (t is enough that he used the place for his peace of
mind, rest, comfort and privac". #he rule that dwelling, in order to be aggravating must be owned b" the
offended part" is no longer absolute. 9welling can be aggravating even if it is not owned b" the offended
part", provided that the offended part" is considered a member of the famil" who owns the dwelling and
e2uall" en&o"s peace of mind, privac" and comfort.
* =welling should not be understood in the concept of a domicile. A person has more than one dwelling.
* =welling is not limited to the house proper. All the appurtenances necessar" for the peace and comfort,
rest and peace of mind in the abode of the offended part" is considered a dwelling.
53
CALLANTA
0hen dwelling may and may not be considered
When it ma( 'e consi)ere) When it ma( not 'e consi)ere)
although the offender fired the shot from
outside the house, as long as his victim
was inside
even if the killing took place outside the
dwelling, so long as the commission began
inside the dwelling
when adulter" is committed in the dwelling
of the husband, even if it is also the
dwelling of the wife, it is still aggravating
because she and her paramour committed
a grave offense to the head of the house
(n robber" with violence against persons,
robber" with homicide, abduction, or illegal
detention
(f the offended part" has given
provocation
(f both the offender and the
offended part" are occupants of the
same dwelling
(n robber" with force upon things, it
is inherent
* The victim should be the owner, occupant or lessee of the house. Aowever, in
People vs& *alansi, 2F? )"!# >99, it was held that the victim need not be the owner or
occupant of the dwelling where he was shot, since, ;the stranger, as an invited
guest, is sheltered by the same roof and protected by the same intimacy of life it
affords. It may not be his house, but it is, even for a brief moment, home to him.<
* !hile this aggravating circumstance cannot be considered in Trespass to Cwelling
or +obbery in an Inhabited Aouse as it is included necessarily in these crimes *-rt.
4(%, it can be considered in +obbery with Aomicide because this kind of +obbery can
be committed without the necessity of transgressing the sanctity of the house. (Pp vs&
Pareja, 49> )"!# J4:)
* @ne?half of the house is used as a store and the other half is used for dwelling but there is only one
entrance. (f the dwelling portion is attacked, dwelling is not aggravating because whenever a store is open
for business, it is a public place and as such is not capable of being the sub&ect of trespass. (f the dwelling
portion is attacked where even if the store is open, there is another separate entrance to the portion used
for dwelling, the circumstance is aggravating. 0owever, in case the store is closed, dwelling is
aggravating since here, the store is not a public place as in the first case.
?. That the act 'e committe) with (5! A13%" #2 C#N2I0"NC" or (:! #1&I#3%
3NGRAT"23LN"%%
Re*$isites of A'$se of Confi)ence Re*$isite of #'+io$s 3ngratef$lness
a) ;ffended party has trusted the
offender
b) ;ffender abused such trust
c) #buse of confidence facilitated the
commission of the crime
a) ungratefulness must be obvious, that is,
there must be something which the offender
should owe the victim a debt of gratitude for
Note8 robber" or theft committed b" a visitor
in the house of the offended part" is
aggravated b" obvious ungratefulness
2xample* A &ealous lover, alread" determined to kill his sweetheart, invited her for a ride and
during that ride, he stabbed her
Abuse of confidence is inherent in+
a. malversation
b. 2ualified theft
c. estafa b" conversion
d. misappropriation
e. 2ualified seduction
* =o not confuse this with mere betrayal of trust. #his is aggravating onl" when the ver" offended part" is
the one who reposed the confidence. (f the confidence is reposed b" another, the offended part" is
54
CALLANTA
different from the fellow who reposed the confidence and abuse of confidence in this case is not
aggravating.
@. That the crime 'e committe) in the ALAC" #2 T-" C-I"2 "/"C3TI&"4 or in
his presence4 or when 31LIC A3T-#RITI"% AR" "NGAG"0 IN T-" 0I%C-ARG"
#2 T-"IR 03TI"%4 or in a LAC" 0"0ICAT"0 T# R"LIGI#3% W#R%-I.
*e.uirements of the aggravating circumstance of public office+
a& 'he crime occurred in the public office
b& Public authorities are actually performing their public duties
A polling precinct is a public office during election da"
)ature of public office should be taken into account, like a police station which is on dut" 24
hrs. a da"
place of the commission of the felony (par >)- if it was committed in ,alacaJang palace or a
church it is aggravating, regardless of whether 3tate or official1 functions are being held.
* The "resident or #hief of $xecutive need not be in the "alace to aggravate the
liability of the offender.
as regards other places where public authorities are engaged in the discharge of their duties,
there must be some performance of public functions
* The accused must have the intention to commit the crime in such place so that if
the meeting of the offender and the victim was only casual, this circumstance
cannot be considered.
* Aowever, in a place which is dedicated to religious worship, any offense committed
thereat even if no ceremony is taking place, is aggravated by this circumstance.
*e.uisites for aggravating circumstances for place of worship+
a& 'he crime occurred in a place dedicated to the worship of 7od regardless of religion
b& ;ffender must have decided to commit the crime when he entered the place of worship
$hen Paragraph 4 and > of #rticle 2J are applicable
%ommitted in the presence of the %hief
6xecutive, in the !residential !alace or a
place of worship,0ar. 5 Art. $A-
%ommitted in contempt of !ublic Authorit"
,0ar. " Art $A-
!ublic authorities are performing of their
duties when the crime is committed
3ame
'hen crime is committed in the public
office, the officer must be performing his
duties, except in the !residential !alace
<utside the office 4still performing dut"5
!ublic authorit" ma" be the offended part" !ublic authorit" is not be the offended
part"

D. (A! That the crime 'e committe) (5! in the NIG-TTIM"4 or (:! in an
3NIN-A1IT"0 LAC" (9! '( a 1AN04 whene+er s$ch circ$mstances ma( facilitate
the commission of the offense.
N'3$""')#, U*'*$ab'"#, Pa-# o% b& a Ba*, A33%a(a"'*3 7$#*6
a& it facilitated the commission of the crime
55
CALLANTA
b& especially sought for by the offender to insure the commission of the crime or for the purpose of
impunity
c& when the offender too% the advantage thereof for the purpose of impunity
d& commission of the crime must have began and accomplished at nighttime
Impunity 1 means to prevent the accusedBs being recogni+ed or to secure himself
against detection or punishment or to facilitate his escape more easil".
1ighttime begins at the end of dusk and ending at dawn1 from sunset to sunrise
D commission of the crime must begin and be accomplished in the nighttime
D when the place of the crime is illuminated b" light, nighttime is not aggravating
D absorbed b" #reacher"
* 6ven if there was darkness but the nighttime was onl" an incident of a chance meeting, there is no
aggravating circumstance here. It must be shown that the offender deliberately sought the cover of
dar#ness and the offender purposely too# advantage of nighttime to facilitate the commission of the
offense, to insure his immunity from capture, or otherwise to facilitate his getaway.%pp vs& pareja, 49> scra
J4:)
7ninhabited 0lace one where there are no houses at all, a place at a considerable
distance from town, where the houses are scattered at a great distance from each other
*e.uisites+
a& 'he place facilitated the commission or omission of the crime
b& +eliberately sought and not incidental to the commission or omission of the crime
c& 'a%en advantage of for the purpose of impunity
* !hile there is no hard and fast rule on the matter , a place where there are no
people or houses within a distance of (55 meters or less is considered uninhabited.
(Pp vs& 6got, 25G )"!# 25J)
'hat should be considered here is whether in the place of the commission of the offense,
there was a reasonable possibilit" of the victim receiving some help
D. (1! ; Whene+er more than 9 arme) malefactors shall ha+e acte) together in the
commission of an offense4 it shall 'e )eeme) to ha+e 'een committe) '( a 1AN0.
*e.uisites+
a& .acilitated the commission of the crime
b& +eliberately sought
c& 'a%en advantage of for the purposes of impunity
d& 'here must be four or more armed men
(f one of the four$armed malefactors is a principal b" inducement, the" do not form a band
because it is undoubtedl" connoted that he had no direct participation,
* !here more than three armed malefactors participated in the commission of the
offense, if the aggrupation did not facilitate the commission of the crime, it will not
be considered as aggravating because of the language of the law which re,uires
that such circumstance must have facilitated the commission of the offense.
56
CALLANTA
* !hen the two *(% groups are almost similarly armed, like where the group of the
offended party numbered five *@% but only three *)% were armed so that there is no
band, while the offenders were four *1% who were all armed and therefore
constituted a band, there is no band as aggravating circumstance as it did not
facilitate the commission of the crime. 9ikewise, if the meeting is casual, the
homicide committed by the killers comprising a band is not aggravated.
-rms is not limited to firearms, sticks and stones included
=and is inherent in robber" committed in band and brigandage
* +orrelate this with rticle FAI ? $rigandage. #he crime is the band itself. #he mere forming of a band
even without the commission of a crime is alread" a crime so that band is not aggravating in brigandage
because the band itself is the wa" to commit brigandage. 0owever, where brigandage is actuall"
committed, band becomes aggravating.

(t is not considered in the crime of rape
(t has been applied in treason and in robber" with homicide
G. That the crime 'e committe) on the occasion of a conflagration4 shipwrec64
earth*$a6e4 epi)emic or other CALAMIT. #R MI%2#RT3N"
*e.uisites+
a& "ommitted when there is a calamity or misfortune
2& "onflagration
4& )hipwrec%
5& 6pidemic
b& ;ffender too% advantage of the state of confusion or chaotic condition from such misfortune
Basis+ %ommission of the crime adds to the suffering b" taking advantage of the misfortune.
based on time
offender must take advantage of the calamit" or misfortune
=istinction between "aragraphs E and &) of rticle &D
Committed during a calamity or misfortune Committed with the use of wasteful means
%rime is committed 9A-()F an" of the
calamities
%rime is committed =C using fire, inundation,
explosion or other wasteful means
H. That the crime 'e committe) with the AI0 #2 (5! ARM"0 M"N #R (:! "R%#N%
W-# IN%3R" #R A22#R0 IM3NIT.
based on the means and wa"s of committing the crime
Re*$isites:
a& that armed men or persons too% part in the commission of the crime, directly or indirectly
b& that the accused availed himself of their aid or relied upon them when the crime was committed
* If the accused relied on the presence of armed men, availing himself of the aid of
the latter, his liability is aggravated. Aowever, where it appeared that appellants
were not merely present at the scene of the crime but were in conspiracy with the
assailant, shooting the victim and leaving the scene together after apparently
57
CALLANTA
accomplishing their purpose clearly evincing conspiracy, this circumstance cannot
be appreciated. (Pp vs& (mbrero, 2:9 )"!# F42)
* There must be no unity of purpose between the offender and the armed men
present in the commission of the crime. The existence of conspiracy will make the
armed men liable as principals by direct participation.
",ceptions:
a. when both the attacking part" and the part" attacked were e2uall" armed
b. not present when the accused as well as those who cooperated with him in the
commission of the crime acted under the same plan and for the same purpose.
c. %asual presence, or when the offender did not avail himself of an" of their aid nor did not
knowingl" count upon their assistance in the commission of the crime
WIT- T-" AI0 #2 ARM"0 M"N 1. A 1AN0
!resent even if one of the offenders merel"
relied on their aid. Actual aid is not
necessar"
-e2uires more than 3 armed malefactors
who all acted together in the commission
of an offense
if there are more than 3 armed men, aid of armed men is absorbed in the emplo"ment of a
band.
* If the accused, upom assurance of policemen - and 2 that they would not patrol
the area so that he could theft or robbery thereat, the commission of burglary in the
said area where no routine patrolling was done is aggravated by the a', o2 0#%so*s
7$o '*s!%# o% a22o%, ')0!*'"&/
8. That the acc$se) is a R"CI0I&I%T
Reci)i+ist one who at the time of his trial for one crime, shall have been previousl"
convicted b" final &udgment of another crime embraced in the same title of the -!%
* It is important that the conviction which came earlier must refer to the crime committed earlier than the
subse(uent conviction.
Basis+ Freater perversit" of the offender as shown b" his inclination to commit crimes
Re*$isites:
a. offender is on trial for an offense
b. he was previousl" convicted b" final &udgment of another crime
c. that both the first and the second offenses are embraced in the same title of the -!% 4not
special law5
d. the offender is convicted of the new offense
0hat is controlling is the time of the trial , not the time of the commission of the offense. At
the time of the trial means from the arraignment until after sentence is announced b" the
&udge in open court.
$hen does judgment become final/ 4-ules of %ourt5
a. after the lapse of a period for perfecting an appeal
b. when the sentence has been partiall" or totall" satisfied or served
c. defendant has expressl" waived in writing his right to appeal
d. the accused has applied for probation
Example of Crimes embraced in the 2ame title of the *0C
58
CALLANTA
a. robber" and theft title 1;
b. homicide and ph"sical in&uries title E
* In recidivism, the crimes committed should be felonies. -ecidivism cannot be had if the crime committed
is a violation of a special law.
E: #he accused was prosecuted and tried for theft, robber" and estafa. Judgments were
read on the same da". (s he a recidivist@
A: )o. =ecause the &udgment in an" of the first two offenses was not "et final when he was
tried for the third offense
-ecidivism must be taken into account no matter how man" "ears have intervened between
the first and second felonies
Pardon does not obliterate the fact that the accused was a recidivist, but amnesty extinguishes
the penalt" and its effects
* If the offender has already served his sentence and he was extended an absolute pardon, the pardon
shall erase the conviction including recidivism because there is no more penalt" so it shall be understood
as referring to the conviction or the effects of the crime.
To prove recidivism, it must be alleged in the information and with attached certified copies of
the sentences rendered against the accused
2xceptions* if the accused does not ob&ect and when he admits in his confession and on the
witness stand
5I. That the offen)er has 'een pre+io$sl( p$nishe) for an offense to which the
law attaches an e*$al or greater penalt( or for two or more crimes to which it
attaches a lighter penalt(
R"IT"RACI#N #R -A1IT3ALIT. it is essential that the offender be previousl"
punished1 that is, he has served sentence.
!ar. 1; speaks of penalty attached to the offense, not the penalt" actuall" imposed
* in reiteracion, the penalty attached to the crime subse(uently committed should be higher or at least
e(ual to the penalty that he has already served. (f that is the situation, that means that the offender was
never reformed b" the fact that he alread" served the penalt" imposed on him on the first conviction.
However, if he commits a felony carrying a lighter penalty/ subse2uentl", the law considers that somehow
he has been reformed but if he, again commits another felony which carries a lighter penalty, then he
becomes a repeater because that means he has not "et reformed.
* >ou will only consider the penalty in reiteracion if there is already a second conviction. 'hen there is a
third conviction, "ou disregard whatever penalt" for the subse2uent crimes committed. 6ven if the penalt"
for the subse2uent crimes committed are lighter than the ones alread" served, since there are alread" two
of them subse2uentl", the offender is alread" a repeater.

* 0owever, if there is only a second conviction, pa" attention to the penalt" attached to the crime which
was committed for the second crime. #hat is wh" it is said that reiteracion is not alwa"s aggravating. #his
is so because if the penalt" attached to the felon" subse2uentl" committed is not e2ual or higher than the
penalt" alread" served, even if literall", the offender is a repeater, repetition is not aggravating.
R"IT"RACI#N R"CI0I&I%M
)ecessar" that offender shall have served
out his sentence for the first sentence
6nough that final &udgment has been
rendered in the first offense
!revious and subse2uent offenses must
not be embraced in the same title of the
%ode
3ame title
)ot alwa"s an aggravating circumstance Alwa"s aggravating
* Thus, if - has been convicted of =urder, and after grant of parole committed
Aomicide, he labors under this paragraph *&5% known as reiteracion, but he is also
59
CALLANTA
suffering from recidivism *recidencia%. In such a case, he will be considered only as
recidivist, and par. &5 will no longer apply to him.
? 2#RM% #2 R""TITI#N
a. !ecidivism generic
b. !eiteracion or @abituality generic
c. Aultiple recidivism or @abitual delinquency extraordinar" aggravating
d. KuasiL!ecidivism special aggravating
0istinctions 'etween reci)i+ism an) ha'it$al )elin*$enc(
In recidivism 1
%&' Two convictions are enough.
%)' The crimes are not specified/ it is enough that they may be embraced under the same title of the
3evised "enal +ode.
%F' There is no time limit between the first conviction and the subse(uent conviction. 3ecidivism is
imprescriptible.
%D' It is a generic aggravating circumstance which can be offset by an ordinary mitigating
circumstance. If not offset, it would only increase the penalty prescribed by law for the crime
committed to its maximum period.
%G' The circumstance need not be alleged in the information.
In habitual delin.uency 1
%&' t least three convictions are re(uired.
%)' The crimes are limited and specified to8 %a' serious physical injuries, %b' less serious physical
injuries, %c' robbery, %d' theft, %e' estafa or swindling and %f' falsification.
%F' There is a time limit of not more than &A years between every convictions computed from the first
conviction or release from punishment thereof to conviction computed from the second conviction
or release therefrom to the third conviction and so on . . .
%D' Habitual delin(uency is a special aggravating circumstance, hence it cannot be offset by any
mitigating circumstance. side from the penalty prescribed by law for the crime committed, an
additional penalty shall be imposed depending upon whether it is already the third conviction, the
fourth, the fifth and so on . . .
%G' The circumstance must be alleged in the information/ otherwise the court cannot ac(uire
jurisdiction to impose additional penalty.
-A1IT3AL 0"LINE3"NC. when a person within a period of 1; "ears from the date of his
release or last conviction of the crimes of serious or less serious ph"sical in&uries, robber",
theft, estafa or falsification is found guilt" of an" of said crimes a third time or oftener.
* 0hen the offender is a recidivist and at the same time a habitual delin(uent, the penalt" for the crime for
which he will be convicted will be increased to the maximum period unless offset b" a mitigating
circumstance. After determining the correct penalt" for the last crime committed, an added penalt" will be
imposed in accordance with Article /2.
* Habitual delin(uency, being a special or specific aggravating circumstance must be alleged in the
information. (f it is not alleged in the information and in the course of the trial, the prosecution tried to prove
that the offender is a habitual delin2uent over the ob&ection of the accused, the court has no &urisdiction to
consider the offender a habitual delin2uent.
E3A%I;R"CI0I&I%M an" person who shall commit a felon" after having been convicted b"
final &udgment, before beginning to serve such sentence, or while serving the same, shall be
punished b" the maximum period of the penalt" prescribed b" law for the new felon"
60
CALLANTA
* #he emphasis here is on the crime committed before sentence or while serving sentence which should
be a felon", a violation of the -evised !enal %ode. (n so far as the earlier crime is concerned, it is
necessar" that it be a felon".
* #he emphasis is on the nature of the crime committed while serving sentence or before serving
sentence. (t should not be a violation of a special law.
* Nuasi$recidivism is a special aggravating circumstance. #his cannot be offset b" an" mitigating
circumstance and the imposition of the penalt" in the maximum period cannot be lowered b" an" ordinar"
mitigating circumstance. 'hen there is a privileged mitigating circumstance, the penalt" prescribed b" law
for the crime committed shall be lowered b" 1 or 2 degrees, as the case ma" be, but then it shall be
imposed in the maximum period if the offender is a 2uasi$recidivist.
55. That the crime 'e committe) IN C#N%I0"RATI#N #2 A RIC"4 R"WAR0 #R
R#MI%".
Re*$isites:
a& #t least 4 principals
2& 'he principal by inducement
4& 'he principal by direct participation
b& the price, reward, or promise should be previous to and in consideration of the commission of
the criminal act
#pplicable to both principals&
* To consider this circumstance, the price, reward or promise must be the primary
reason or the primordial motive for the commission of the crime. Thus, if -
approached 2 and told the latter what he thought of F, and 2 answered ;he is a bad
man< to which - retorted, ;you see I am going to kill him this afternoon<, and so 2
told him ;If you do that, I:ll give you "@,555.55< and after killing F, - again
approached 2, told him he had already killed F, and 2 in compliance with his
promise, delivered the "@,555.55, this aggravating circumstance is not present.
5:. That the crime 'e committe) '( means of in$n)ation4 fire4 poison4 e,plosion4
stran)ing a +essel or intentional )amage thereto4 or )erailment of a locomoti+e4 or
'( $se of an( other artifice in+ol+ing GR"AT WA%T" #R R3IN.
Re*$isite* #he wasteful means were used b" the offender to accomplish a criminal purpose
* Fire is not aggravating in the crime of arson.
* 0henever a #illing is done with the use of fire, as when to kill someone, "ou burn down his house while
the latter is inside, this is murder.
* There is no such crime as murder with arson or arson with homicide. #he crime committed is onl"
murder.
* If the victim is already dead and the house is burned, the crime is arson. (t is either arson or murder.
* (f the intent is to destro" propert", the crime is arson even if someone dies as a conse2uence. (f the
intent is to kill, there is murder even if the house is burned in the process.
* 0nder +.-. ?(>1 which amends ".C. &?44, when a person commits any crime
under the +evised "enal #ode or special laws with the use of explosives including
but not limited to pillbox, motolov cocktail bombs, detonation agents or incendiary
devices resulting in the death of a person, the same is aggravating. *8ection (%
59. That the act 'e committe) with "&I0"NT R"M"0ITATI#N
61
CALLANTA
Essence of premeditation+ the execution of the criminal act must be preceded b" cool
thought and reflection upon the resolution to carr" out the criminal intent during the space of
time sufficient to arrive at a calm &udgment
Re*$isites:
a& the time when the offender determined to commit the crime
b& an act manifestly indicating that the culprit has clung to his determination
c& a sufficient lapse of time between the determination and execution to allow him to reflect upon
the consequences of his act and to allow his conscience to overcome the resolution of his will
%onspirac" generall" presupposes premeditation
* There are cases however, when conspiracy is established because of the manner
the crime was committed by the offenders, which more often is manifested by their
acts before, during and after the commission of the crime. This is called ')0'#,
-o*s0'%a-&. !hen such situation arises, the court cannot presume evident
premeditation. There is unity of purpose and they all took part in the commission of
the crime, but such is not evident premeditation. It only establishes conspiracy.
0hen victim is different from that intended, premeditation is not aggravating. Although it is
not necessar" that there is a plan to kill a particular person for premeditation to exist 4e.g.
plan to kill first 2 persons one meets, general attack on a villageOfor as long as it was
planned5
#he premeditation must be based upon external facts, and must be evident, not merel"
suspected indicating deliberate planning
6vident premeditation is inherent in robber", adulter", theft, estafa, falsification, and etc.
* In evident premeditation, there must be a clear reflection on the part of the offender. However, if the
#illing was accidental, there was no evident premeditation. 'hat is necessar" to show and to bring about
evident premeditation aside from showing that as some prior time, the offender has manifested the
intention to kill the victim, and subse2uentl" killed the victim.
* In People vs& Aojica, 2G )"!# >2>, the lapse of one hour and forty-five minutes *1.&@
p.m. to 4 p.m.% was considered by the 8upreme #ourt as sufficient. In People vs&
"abodoc, 495 )"!# 2F?, where at &.55 p.m., the accused opened his balisong and
uttered ;I will kill him *referring to the victim%<, at 1.)5 p.m. of the said date accused
stabbed the victim, it was held that the lapse of three and a half hours *) G hours%
from the inception of the plan to the execution of the crime satisfied the last
re,uisite of evident premeditation.
5?. That (5! CRA2T4 (:! 2RA304 #R (9! 0I%G3I%" 'e emplo(e)
CRA2T involves intellectual tricker" and cunning on the part of the accused.
(t is emplo"ed as a scheme in the execution of the crime 4e.g. accused pretended to be
members of the constabular", accused in order to perpetrate rape, used chocolates
containing drugs5
* #raft is present since the accused and his cohorts pretended to be bonafide
passengers of the jeep in order not to arouse suspicion' when once inside the jeep,
they robbed the driver and other passengers (People vs& 8ee, 4GJ )"!# :GG)
2RA30 involves insidious words or machinations used to induce victim to act in a manner
which would enable the offender to carr" out his design.
as distinguished from craft which involves acts done in order not to arouse the suspicion of
the victim, fraud involves a direct inducement through entrapping or beguiling language or
machinations
62
CALLANTA
0I%G3I%" resorting to an" device to conceal identit". !urpose of concealing identit" is a
must.
* 2ut the accused must be able to hide his identity during the initial stage, if not all
through out, the commission of the crime and his identity must have been
discovered only later on, to consider this aggravating circumstance. If despite the
mask worn by the accused, or his putting of charcoal over his body, the offended
party even before the initial stage knew him, he was not able to hide his identity and
this circumstance cannot be appreciated.
=istinction between +raft, Fraud, and =isguise
Craft 2ra$) 0isg$ise
(nvolves the use of intellectual
tricker" and cunning to arouse
suspicion of the victim
(nvolves the use of direct
inducement b" insidious
words or machinations
(nvolves the use of
devise to conceal
identit"
Re*$isite: The offender must have actually taken advantage of craft, fraud, or disguise to facilitate
the commission of the crime.
* The circumstance is characteried by the intellectual or mental approach, rather
than the physical means to which criminal resorts to carry out his intention.
Inherent in+ estafa and falsification
5@. That (5! A0&ANTAG" 1" TAC"N #2 %3"RI#R %TR"NGT-4 or (:! M"AN% 1"
"ML#."0 T# W"AC"N T-" 0"2"N%"
'o purposely use excessive force out of the proportion to the means of defense available to the
person attac%ed&
* 3uperiorit" ma" arise from aggressorBs sex, weapon or number as compared to that of the
victim 4e.g. accused attacked an unarmed girl with a knife1 3 men stabbed to death the female
victim5.
* )o advantage of superior strength when one who attacks is overcome with passion and
obfuscation or when 2uarrel arose unexpectedl" and the fatal blow was struck while victim and
accused were struggling.
&%. 1. A 1AN0 : circumstance of abuse of superior strength, what is taken into account is not
the number of aggressors nor the fact that the" are armed but their relative ph"sical might vis$P$
vis the offended part"
* #here must be evidence of notorious ine2ualit" of forces between the offender and the offended part" in
their age, si+e and strength, and that the offender took advantage of such superior strength in committing
the crime. The mere fact that there were two persons who attac#ed the victim does not per se constitute
abuse of superior strength %0eople v. Carpio $%$ 2C*A $"'.
* To appreciate abuse of superior strength, what should be considered is not that
there were three, four or more assailants of the victim. !hat matters is whether the
aggressors took advantage of their combined strength in order to consummate the
crime.
* The fact known however that there were two persons who attacked the victim does
not perse establish that the crime was committed with abuse of superior strength.
To take advantage of superior strength means to purposely use excessive force out
of proportion to the means available to the person attacked to defend himself.
(People vs& "asingal, 4J5 )"!# 5?)
* Aad treachery or alevosia been proven, it would have absorbed abuse of superior
strength. (People vs& Panganiban, 4J2 )"!# :2)
Re*$isite of Means to Wea6en 0efense
63
CALLANTA
a& Aeans were purposely sought to wea%en the defense of the victim to resist the assault
b& 'he means used must not totally eliminate possible defense of the victim, otherwise it will fall
under treachery
To wea<en the defense illustrated in the case where one struggling with another suddenl"
throws a cloak over the head of his opponent and while in the said situation, he wounds or
kills him. <ther means of weakening the defense would be intoxication or disabling thru the
senses 4casting dirt of sand upon anotherBs e"es5
5D. That the act 'e committe) with TR"AC-"R. (ale+osia!
TR"AC-"R.: when the offender commits an" of the crime against the person, emplo"ing
means, methods or forms in the execution thereof which tend directl" and speciall" to insure
its execution without risk to himself arising from the defense which the offended part" might
make.
Re*$isites:
a& that at the time of the attac%, the victim was not in the position to defend himself
b& that the offender consciously adopted the particular means, method or form of attac% employed
by him
* The essence of treachery is that by virtue of the means, method or form employed by the offender, the
offended party was not able to put up any defense. (f the offended part" was able to put up a defense,
even onl" a token one, there is no treacher" an"more. (nstead some other aggravating circumstance ma"
be present but not treacher" an"more.
Treachery can7t be considered when there is no evidence that the accused, prior to the
moment of the #illing, resolved to commit to crime, or there is no proof that the death of the
victim was the result of meditation, calculation or reflection.
* does not exist if the accused gave the deceased chance to prepare or there was warning given
or that it was preceded b" a heated argument
* there is alwa"s treacher" in the killing of child
* generall" characteri+ed b" the deliberate and sudden and unexpected attack of the victim from
behind, without an" warning and without giving the victim an opportunit" to defend himself
* Treachery is out when the attac# was merely incidental or accidental because in the definition of
treacher", the implication is that the offender had consciousl" and deliberatel" adopted the method, means
and form used or emplo"ed b" him
6xamples* victim asleep, half$awake or &ust awakened, victim grappling or being held,
attacks from behind
$ut treachery may exist even if attac# is face?to?face as long as victim was not given an"
chance to prepare defense
0here there is conspiracy, treacher" is considered against all the offenders
Treachery absorbs abuse of strength, aid of armed men, b" a band and means to weaken
the defense
TR"AC-"R. A13%" #2 %3"RI#R
%TR"NGT-
M"AN% "ML#."0 T#
W"AC"N 0"2"N%"
Means, methods or forms
are emplo"ed b" the
offender to make it
impossible or hard for the
offended part" to put an"
sort of resistance
<ffender does not emplo"
means, methods or forms
of attack, he onl" takes
advantage of his superior
strength
Means are emplo"ed but it
onl" materiall" weakens the
resisting power of the
offended part"
64
CALLANTA
INT#/ICATI#N is the means deliberatel" emplo"ed b" the offender to weaken the defense of the
offended part". If this was the very means employed, the circumstance may be treachery and not abuse of
superior strength or means to wea#en the defense.
* There must be evidenced on how the crime was committed. (t is not enough to show that the victim
sustained treacherous wound. (t must be shown that the victim was totall" defenseless.
* 3uddenness of the attack does not b" itself constitute treacher" in the absence of evidence that the
manner of the attack was consciousl" adopted b" the offender to render the offended part" defenseless
%0eople v. Ilagan $%$ 2C*A )A&'.
* $ven if the person killed is different from the intended victim, treachery must be
considered against the offender because he is responsible either for the intended
victim or the actual victim.
* 3or treachery to be appreciated however, the circumstance must be present at the
inception of the attack and if absent, and the attack is continuous, treachery at a
subse,uent stage is not to be considered. (People vs& 6scoto, 4JJ )"!# 5F4). Aowever, if
there is a break in the continuity of the aggression, it is not necessary that treachery
be present in the beginning of the assault' it is sufficient that when the fatal blow
was inflicted, there was treachery& ((&)& vs& *alagtas, 2: Phil& 29J)
5G. That the means 'e emplo(e) or circ$mstances 'ro$ght a'o$t which a))
IGN#MIN. to the nat$ral effects of the acts
IGN#MIN. is a circumstance pertaining to the moral order, which adds disgrace and
oblo2u" to the material in&ur" caused b" the crime
* pplicable to crimes against chastit" 4rape included5, less serious ph"sical in&uries, light or
grave coercion and murder
Re*$isites:
a& "rime must be against chastity, less serious physical injuries, light or grave coercion, and
murder
b& 'he circumstance made the crime more humiliating and shameful for the victim
2xamples8 accused embraced and kissed the offended part" not out of lust but out of anger
in front of man" people, raped in front of the husband, raped successivel" b" five men
tend to make the effects of the crime more humiliating
(gnomin" not present where the victim was alread" dead when such acts were committed
against his bod" or person
0istinction 'etween ignomin( an) cr$elt(
Ignominy shocks the moral conscience of man while cruelty is ph"sical. Ignominy refers to the moral
effect of a crime and it pertains to the moral order, whether or not the victim is dead or alive. Cruelty
pertains to ph"sical suffering of the victim so the victim has to be alive. (n plain language, ignominy is
adding insult to injury.
* %ruelt" and ignomin" are circumstances brought about which are not necessar" in the commission of
the crime.
5H. That the crime 'e committe) after an 3NLAW23L "NTR.
7nlawful entry when an entrance is effected b" a wa" not intended for the purpose.
Meant to effect entrance and )<# exit.
65
CALLANTA
0hy aggravating< <ne who acts, not respecting the walls erected b" men to guard their
propert" and provide for their personal safet", shows greater perversit", a greater audacit"
and hence the law punishes him with more severit"
2xample8 -apist gains entrance thru the window
Inherent in8 #respass to dwelling, and robber" with force upon things.
* Anlawful entr" is inherent in the crime of robber" with force upon things but aggravating in the crime of
robber" with violence against or intimidation of persons.
* !here the escape was done through the window, the crime is not attended by this
circumstance since there was no unlawful entry.
58. That as a means to the commission of the crime4 A WALL4 R##24 0##R #R
WIN0#W 1" 1R#C"N
Re*$isites:
a& # wall, roof, window, or door was bro%en
b& 'hey were bro%en to effect entrance
Applicable onl" if such acts were done b" the offender to effect entrance.
* The breaking of the parts of the house must be made as a means to commit the
offense. 8o, if - entered the door of his neighbor after killing him, escaped by
breaking the jalousies of the window or the door, this aggravating circumstance is
absent.
* The basis of this aggravating circumstance refers to means and ways employed to
commit the crime. It is not necessary that the offender should have entered the
building because the phrase ;as a means to the commission of the crime< does not
re,uire entry to the building. It is also inherent in the crime of robbery with force
upon things.
B%#a8'*3 's a72! '* "$# 2oo7'*3 '*s"a*-#s6
a. an officer in order to make an arrest ma" break open a door or window of an" building in
which the person to be arrested is or is reasonabl" believed to be1
b. an officer if refused admittance ma" break open an" door or window to execute the
search warrant or liberate himself,
:I. That the crime 'e committe) (5! with the AI0 #2 "R%#N% 3N0"R 5@ ."AR%
of age4 or (:! '( M"AN% #2 M#T#R &"-ICL"%4 airships or other similar means.
*eason for I$* to repress, so far as possible, the fre2uent practice resorted to b"
professional criminals to avail themselves of minors taking advantage of their responsibilit"
4remember that minors are given lenienc" when the" commit a crime5
* The minors here could be accessories, accomplices or principals who aided the
accused in the commission of the crime.
2xample* Juan instructed a 14$"ear old to climb up the fence and open the gate for him so
that he ma" rob the house
*eason for I"* to counteract the great facilities found b" modern criminals in said means to
commit crime and flee and abscond once the same is committed.
Necessary that the motor vehicle be an important tool to the consummation of the crime
%bic"cles not included5
66
CALLANTA
2xample* Juan and !edro, in committing theft, used a truck to haul the appliances from the
mansion.
* This circumstance is aggravating only when used in the commission of the offense. If motor vehicle is
used only in the escape of the offender, motor vehicle is not aggravating. To be aggravating, it must have
been used to facilitate the commission of the crime.
* The motor vehicle must have been sought by the offender to facilitate the
commission of the crime.
:5. That the wrong )one in the commission of the crime 'e )eli'eratel(
a$gmente) '( ca$sing other wrong not necessar( for its commission
CR3"LT.* when the culprit en&o"s and delights in making his victim suffer slowl" and
graduall", causing him unnecessar" ph"sical pain in the consummation of the criminal act.
%ruelt" cannot be presumed nor merel" inferred from the bod" of the deceased. 0as to be
proven.
* mere pluralit" of wrong do not show cruelt"
* no cruelt" when the other wrong was done after the victim was dead
Re*$isites:
a& that the injury caused be deliberately increased by causing
other wrong
b& that the other wrong be unnecessary for the execution of the
purpose of the offender
* For cruelty to exist as an aggravating circumstance, there must be evidence showing that the accused
inflicted the alleged cruel wounds slowl" and graduall" and that he is delighted seeing the victim suffer in
pain. (n the absence of evidence to this effect, there is no cruelt".
* There is cruelty when the offender is deliberately and inhumanly augmented the
suffering of the victim.
* The essence of cruelty is that the culprit finds delight in prolonging the suffering of
the victim.
IGN#MIN. CR3"LT.
Moral suffering sub&ected to humiliation !h"sical suffering
#T-"R AGRA&ATING CIRC3M%TANC"%:
#rgani<e) or s(n)icate) crime gro$p
(n the same amendment to Article /2 of the -evised !enal %ode, paragraphs were added which provide
that the maximum penalt" shall be imposed if the offense was committed b" an" person who belongs to an
organi+ed or s"ndicated crime group.
An organi+ed or s"ndicated crime group means a group of two or more persons collaborating,
confederating or mutuall" helping one another for purposes of gain in the commission of a crime.
'ith this provision, the circumstance of an organi+ed or s"ndicated crime group having committed the
crime has been added in the %ode as a special aggravating circumstance. #he circumstance being
special or 2ualif"ing, it must be alleged in the information and proved during the trial. <therwise, if not
alleged in the information, even though proven during the trial, the court cannot validl" consider the
circumstances because it is not among those enumerated under Article 14 of the %ode as aggravating. (t
is noteworth", however, that there is an organi+ed or s"ndicated group even when onl" two persons
collaborated, confederated, or mutuall" helped one another in the commission of a crime, which acts are
inherent in a conspirac". 'here therefore, conspirac" in the commission of the crime is alleged in the
information, the allegation ma" be considered as procedurall" sufficient to warrant receiving evidence on
67
CALLANTA
the matter during trial and conse2uentl", the said special aggravating circumstance can be appreciated if
proven.
U*,#% "$# I*2!#*-# o2 Da*3#%o!s D%!3s
8ec. &E of 2.". 2lg. &E> promulgated on =arch (, &>?( provides.
;The provision of any law to the contrary notwithstanding, when
a crime is committed by an offender who is under the influence of
dangerous drugs, such state shall be considered as ,ualifying
aggravating circumstance.<
Us# o2 U*'-#*s#, F'%#a%)
-lthough the circumstance that human life was destroyed with the use of an
unlicensed firearm is not aggravating under -rt. &1, +"#, it may still be taken into
consideration to increase the penalty because of the explicit provisions of the "residential
Cecree Ho. &?44 as amended by +.-. ?(>1. 8ection *&%, )
rd
par. of said law says that if
homicide or murder is committed with the use of an unlicensed firearm, such use of an
unlicensed firearm shall be considered as an aggravating circumstance. 3urther, under 8ec. )
thereof, when a person commits any of the crimes defined in the +evised "enal #ode or
special laws with the use of explosives like pill box, motolov cocktail bombs, firebombs or
other incendiary devices which result in the death of a person, such use shall be considered
as an aggravating circumstance.
Art 5@. #8'6!B#'I6 "I!"(A)'#B"6)& 'heir concept. K Alternati+e
circ$mstances are those which m$st 'e ta6en into consi)eration as aggra+ating
or mitigating accor)ing to the nat$re an) effects of the crime an) the other
con)itions atten)ing its commission. The( are the relationship4 into,ication an)
the )egree of instr$ction an) e)$cation of the offen)er.
The alternati+e circ$mstance of relationship shall 'e ta6en into
consi)eration when the offen)e) part( is the spo$se4 ascen)ant4 )escen)ant4
legitimate4 nat$ral4 or a)opte) 'rother or sister4 or relati+e '( affinit( in the same
)egrees of the offen)er.
The into,ication of the offen)er shall 'e ta6en into consi)eration as a
mitigating circ$mstances when the offen)er has committe) a felon( in a state of
into,ication4 if the same is not ha'it$al or s$'se*$ent to the plan to commit sai)
felon( '$t when the into,ication is ha'it$al or intentional4 it shall 'e consi)ere) as
an aggra+ating circ$mstance.
ALT"RNATI&" CIRC3M%TANC"% those which must be taken into consideration as
aggravating or mitigating according to the nature and effects of the crime and other
conditions attending its commission.
* ;se only the term alternative circumstance for as long as the particular circumstance is not involved in
any case or problem. The moment it is given in a problem, do not use alternative circumstance, refer to it
as aggravating or mitigating depending on whether the same is considered as such or the other.
They are+
a. R"LATI#N%-I 4 taken into
consideration when offended part" is the spouse, ascendant, descendant, legitimate,
natural or adopted brother or sister, or relative b" affinit" in the same degree 42
nd
5of the
offender
* The relationship of step-daughter and step father is included (Pp vs& 'an,49J )"!#
J4>), 2ut not of uncle and niece. (People vs& "abresos, 4JJ )"!# 594)
68
CALLANTA
b. INT#/ICATI#N 4 mitigating when
the offender has committed a felon" in the state of intoxication, if the same is not habitual
or subse2uent to the plan to commit the said felon". Aggravating if habitual or intentional
c. 0"GR"" #2 IN%TR3CTI#N
AN0 "03CATI#N #2 T-" #22"N0"R
* 2xcept for the circumstance of intoxication, the other circumstances in rticle &G may not be ta#en into
account at all when the circumstance has no bearing on the crime committed. 3o the court will not
consider this as aggravating or mitigating simpl" because the circumstance has no relevance to the crime
that was committed.
* It is only the circumstance of intoxication which if not mitigating, is automatically aggravating. =ut the
other circumstances, even if the" are present, but if the" do not influence the crime, the court will not
consider it at all. 3elationship ma" not be considered at all, especiall" if it is not inherent in the
commission of the crime. =egree of instruction also will not be considered if the crime is something which
does not re2uire an educated person to understand.
R"LATI#N%-I
AI'I7#'IB7 "I!"(A)'#B"6 #77!##'IB7 "I!"(A)'#B"6
In crimes against property 4robber", usurpation,
fraudulent insolvenc", arson5
In crimes against persons in cases where
the offender, or when the offender and the
offended part" are relatives of the same level,
as killing a brother, adopted brother or half$
brother.
lways aggravating in crimes against chastity.
6xception- Art &&" of CC no criminal liabilit",
civil liabilit" onl" for the crimes of theft,
swindling or malicious mischief committed or
caused mutuall" b" spouses, ascendants,
descendants or relatives b" affinit" 4also
brothers, sisters, brothers$in$law or sisters$in$
law if living together5. It becomes an
2H2,"TIN9 circumstance.
415 (n the case of an accessor" who is
related to the principal within the
relationship prescribed in Article 2;1
425 Also in Article 24., a spouse does not
incur criminal liabilit" for a crime of less
serious ph"sical in&uries or serious
ph"sical in&uries if this was inflicted
after having surprised the offended
spouse or paramour or mistress
committing actual sexual intercourse.
-ometimes, relationship is a (ualifying and not
only a generic aggravating circumstance. (n
the crime of 2ualified seduction, the offended
woman must be a virgin and less than 1E "rs
old. =ut if the offender is a brother of the
offended woman or an ascendant of the
offended woman, regardless of whether the
woman is of bad reputation, even if the woman
is /; "ears old or more, crime is 2ualified
seduction. (n such a case, relationship is
2ualif"ing.
-elationship neither mitigating nor aggravating when relationship is an element of the
offense.
2xample* parricide, adulter", concubinage.
INT#/ICATI#N
AI'I7#'IB7 "I!"(A)'#B"6 #77!##'IB7 "I!"(A)'#B"6
a5 if intoxication is not habitual
b5 if intoxication is not subse2uent to the
plan to commit a felon"
a5 if intoxication is habitual such habit
must be actual and confirmed
b5 if its intentional 4subse2uent to the plan
to commit a felon"5
* This circumstance is ipso facto mitigating, so that if the prosecution wants to den" the offender the
benefit of this mitigation, the" should prove that it is habitual and that it is intentional. The moment it is
shown to be habitual or intentional to the commission of the crime, the same will immediatel" aggravate,
regardless of the crime committed.
69
CALLANTA
Must show that he has taken such 2uantit" so as to blur his reason and deprive him of a
certain degree of control
INTO.ICATION means that the offender:s mental faculties are affected by
drunkenness. It is not the ,uantity of alcohol taken by the offender that determines
drunkenness. It is the effect of the alcohol taken by him that matters. If the alcohol
taken by him blurs his reason and deprives him of self-control, then he is
intoxicated.
* Intoxication to be considered mitigating, re(uires that the offender has reached that degree of
intoxication where he has no control of himself anymore. #he idea is the offender, because of the
intoxication is alread" acting under diminished self control. It is not the (uantity of alcoholic drin#. 3ather it
is the effect of the alcohol upon the offender which shall be the basis of the mitigating circumstance.

The conduct of the offender, the manner of committing the crime, his behavior after
committing the crime must show the behavior of a man who has already lost control of
himself. <therwise intoxication cannot legall" be considered.
A habitual drunkard is given to inebriet" or the excessive use of intoxicating drinks.
0abitual drunkenness must be shown to be an actual and confirmed habit of the offender,
but not necessaril" of dail" occurrence.
0"GR"" #2 IN%TR3CTI#N AN0 "03CATI#N
AI'I7#'IB7 "I!"(A)'#B"6 #77!##'IB7 "I!"(A)'#B"6
:ow degree of instruction K education or
the lac# of it. =ecause he does not full"
reali+e the conse2uences of his criminal act.
)ot &ust mere illiterac" but lack of intelligence.
High degree of instruction and education
offender avails himself of his learning in
committing the offense.
* In appreciating these circumstances, the court considers not only literally but also
lack of intelligence of the offender. I'"#%a-& refers to the ability of the individual to
read and write and the ability to comprehend and discern the meaning of what he
has read. *n order to be mitigating, there must be the concurrence or combination of
illiteracy and lac( of intelligence on the part of the offender.
* The nature of the crime committed must be considered in making such a
conclusion.
* The fact that the offender did not have schooling and is illiterate does not mitigate his liability if the crime
committed is one which he inherently understands as wrong such as parricide.
Exceptions ,not mitigating-+
a. crimes against propert"
b. crimes against chastit" 4rape included5
c. crime of treason
Art 5D. $ho are criminally liable. K The following are criminall( lia'le for gra+e an)
less gra+e felonies:
5. rincipals.
:. Accomplices.
9. Accessories.
The following are criminall( lia'le for light felonies:
5. rincipals
:. Accomplices.
* This classification is true only under the 3evised "enal +ode and is not used under special laws,
because the penalties under the latter are never graduated. 9o not use the term principal when the crime
committed is a violation of special law. <nl" use the term Hoffender.I lso only classify offenders when
more than one too# part in the commission of the crime to determine the proper penalty to be imposed.
70
CALLANTA
3o, if onl" one person committed a crime, do not use principal. Ase the Hoffender,I Hculprit,I or the
Haccused.I
* 0hen a problem is encountered where there are several participants in the crime, the first thing to find
out is if there is a conspiracy. (f there is, as a general rule, the criminal liabilit" of all will be the same,
because the act of one is the act of all. However, if the participation of one is so insignificant, such that
even without his cooperation, the crime would be committed just as well, then notwithstanding the
existence of a conspirac", such offender will be regarded onl" as an accomplice.

* s to the liability of the participants in a felony, the %ode takes into consideration whether the felon"
committed is grave, less grave, or light.
* 0hen the felony is grave, or less grave, all participants are criminall" liable.
* $ut where the felony is only light only the principal and the accomplice are liable. #he accessor" is not.
* $ut even the principal and the accomplice will not be liable if the felon" committed is onl" light and the
same is not consummated unless such felon" is against persons or propert"
Accessories 4 not liable for light felonies because the individual pre&udice is so small that
penal sanction is not necessar"
@nly natural persons can be criminals as onl" the" can act with malice or negligence and can
be subse2uentl" deprived of libert". 6uridical persons are liable under special laws.
,anager of a partnership is liable even if there is no evidence of his direct participation in the
crime.
+orporations ma" be the in&ured part"
General *ule+ %orpses and animals have no rights that ma" be in&ured.
Exception+ defamation of the dead is punishable when it blackens the memor" of one who is
dead.
Art 5G. Principals& K The following are consi)ere) principals:
5. Those who ta6e a )irect part in the e,ec$tion of the act>
:. Those who )irectl( force or in)$ce others to commit it>
3. Those who cooperate in the commission of the offense '( another act
witho$t which it wo$l) not ha+e 'een accomplishe).
RINCIAL% 1. 0IR"CT ARTICIATI#N
* The principal by direct participation must be at the scene of the crime, personally
taking part in the execution of the same.
*e.uisites for " or more to be principals by direct participation+
a. participated in the criminal resolution 4conspirac"5
b. carried out their plan and personall" took part in its execution b" acts which
directl" tended to the same end
Conspirac( (s unit" of purpose and intention.
* To be a party to a conspiracy, one must have the intention to participate in the
transaction with a view to further the common design and purpose. =ere knowledge,
ac,uiescence, or approval of the act is not enough. !hen there is no conspiracy in
the commission of the crime, each of the offenders is liable only by the acts
performed by him.
Establishment of Conspiracy
71
CALLANTA
a. proven b" overt act
b. )ot mere knowledge or approval
c. (t is not necessar" that there be formal agreement.
d. Must prove be"ond reasonable doubt
e. %onspirac" is implied when the accused had a common
purpose and were united in execution.
f. ;nity of purpose and intention in the commission of the
crime may be shown in the following cases*
1. 3pontaneous agreement at the moment of the commission of the crime
2. Active %ooperation b" all the offenders in the perpetration of the crime
3. %ontributing b" positive acts to the reali+ation of a common criminal intent
4. !resence during the commission of the crime b" a band and lending moral
support thereto.
g. 'hile conspirac" ma" be implied from the circumstances
attending the commission of the crime, it is nevertheless a rule that conspirac" must be
established b" positive and conclusive evidence.
* !here the accused conspired with this three *)% co-accused to kill the two *(%
victims and the role assigned to him was to kill one of the victims which he did, he is
a principal by direct participation in the two *(% murders.
%onspirator not liable for the crimes of the other which is not the ob&ect of the conspirac" or
is not a logical or necessar" conse2uence thereof
* - co-conspirator who committed an act substantially different from the crime
conspired upon is solely liable for the crime committed by him. The other members
of the conspiracy will not be liable for the crime. (Pp vs& +ela "erna, 8L4G:22, ;ct& 4G, 2:?:)
* - conspirator is liable for another crime which is the necessary and logical
conse,uence of the conspiracy.
* - person in conspiracy with others, who had desisted before the crime was
committed by the others, is not criminally liable. (Pp vs& +almacio 'imbol, 7& !& Bos& 8L
J?J?2LJ?J?5, #ug& J, 2:JJ)
* !hen there is a conspiracy in the commission of the crime, it is not necessary to
ascertain the specific act of each conspirator. (Pp vs& .ernande,, 7& !& Bo& 94229, Aarch 44,
2::G, 2F5 )"!#)
MULTIPLE RAPE each rapist is liable for anotherBs crime because each cooperated in the
commission of the rapes perpetrated b" the others
",ception: in the crime of murder with treachery all the offenders must at least know that
there will be treacher" in executing the crime or cooperate therein.
2xample8 Juan and !edro conspired to kill #omas without the previous plan of treacher". (n
the crime scene, Juan used treacher" in the presence of !edro and !edro knew such. =oth
are liable for murder. =ut if !edro sta"ed b" the gate while Juan alone killed #omas with
treacher", so that !edro didnBt know how it was carried out, Juan is liable for murder while
!edro for homicide.
No such thing as conspiracy to commit an offense through negligence. 0owever, special
laws ma" make one a co$principal.
2xample8 ;nder the "ure Food and =rug ct, a storeowner is liable for the act of his
emplo"ees of selling adulterated coffee, although he didnBt know that coffee was being sold.
%onspirac" is negatived b" the ac2uittal of co$defendant.
72
CALLANTA
'hat the culprits 1carried out the plan and personally too% part in the execution, by acts which
directly tended to the same end0-
a. #he principals b" direct participation
must be at the scene of the crime, personall" taking part,
b. <ne serving as guard pursuant to the
conspirac" is a principal direct participation.
If the second element is missing, those who did not participate in the commission of the acts
of execution cannot be held criminall" liable, unless the crime agreed to be committed is
treason, sedition, or rebellion.
RINCIAL% 1. IN03CTI#N (IN03C"M"NT!
1'hose who directly force or induce others to commit it0
a. "rincipal by induction liable only when principal by direct participation committed the act
induced
* Two ways of becoming a principal by inducement. The first one is by directly
forcing another to commit the crime and the second is by directly inducing another
to commit the crime.
* 0nder -rt. &(, there are two ways of forcing another to commit a crime: by using
irresistible force and by using uncontrollable fear. In these cases, conspiracy is not
considered because only one person is criminally liable 6 the person who directly
forces another to commit a crime. The one forced to perform the act or the material
executor is not criminally liable as he is exempt from criminal liability according to
-rt. &(.
'. *e.uisites+
2& inducement be made directly with the intention of procuring the commission of the crime
4& such inducement be the determining cause of the commission of the crime by the material
executor
* $ven if the inducement be directly made, with the inducer insistent and
determined to procure the commission of the crime, he still cannot be classified as
principal by induction if the inducement is not the determining cause for committing
the crime. Thus, if the actor has reason of his own to commit the offense, there can
be no principal by induction.
d. 6orms of Inducements
1. =" !rice, reward or promise
1. =" irresistible force or uncontrollable fear
* Imprudent advice does not constitute sufficient inducement
* =ere suggestions, or a thoughtless expression or a chance word spoken without
any intention or expectation that it would produce the result cannot hold the utterer
liable as principal by inducement.
Concept of the inducement 1 one strong enough that the person induced could hardly resist. This is
tantamount to an irresistible force compelling the person induced to carry out the execution of the crime.
(ll advised language is not enough unless he who made such remark or advice is a co$conspirator in the
crime committed.
* It is necessary that the inducement be the determining cause of the commission of
the crime by the principal by direct participation, that is, without such inducement,
the crime would no have been committed. If the principal by direct participation has
73
CALLANTA
personal reasons to commit just the same even if no inducement was made on him
by another, there can be no principal by inducement.
c. *e.uisites for words of command to be considered inducement+
2& "ommander has the intention of procuring the commission of the crime
4& "ommander has ascendancy or influence
5& $ords used be so direct, so efficacious, so powerful
J& "ommand be uttered prior to the commission
>& 6xecutor had no personal reason
* It is also important to note that the words of inducement must be made prior to the
commission of the crime. If uttered while the crime was being committed or after the
crime was committed, inducement would no longer be a matter of concern. (Pp vs&
"astillo, 7& !& Bo& 8L2:45FF, <uly 49, 2:99)
* It is necessary that one uttering the words of command must have the intention of
procuring commission of the crime and must have ascendancy or influence over the
person acting. 8uch words used must be direct, so efficacious and so powerful as to
amount to physical or moral coercion, that the words of command must be uttered
prior to the commission of the crime and that the material executor of the crime
must have no personal reason of his own to commit the crime. (Pp vs& #gapinoy, 7& !&
????9, <une 4?, 2::G)
'ords uttered in the heat of anger and in the nature of the command that had to be obe"ed
do not make one an inductor.
IN03CT#R R##%"% T# C#MMIT A 2"L#N.
(nduce others 3ame
>iable onl" when the crime is
executed
!unishable at once when proposes to commit
rebellion or treason. #he person to whom one
proposed should not commit the crime,
otherwise the latter becomes an inductor
%overs an" crime %overs onl" treason and rebellion
6ffects of #cquittal of Principal by direct participation on liability of principal by inducement
a. %onspirac" is negated b" the ac2uittal of the co$defendant.
b. @ne can not be held guilty of instigating the commission of the crime without first
showing that the crime has been actually committed by another. =ut if the one charged
as principal b" direct participation be ac2uitted because he acted without criminal intent
or malice, it is not a ground for the ac2uittal of the principal b" inducement.

RINCIAL% 1. IN0I%"N%A1L" C##"RATI#N
1'hose who cooperate in the commission of the offense by another act without which it would not have
been accomplished0
* P%'*-'0as b& I*,'s0#*sab# Coo0#%a"'o* are those who cooperate in the
commission of the offense by another act without which it would not have been
accomplished. 9ike in the case of "rincipal by Inducement, it presupposes the
existence of the principal by direct participation otherwise with whom shall he
cooperate with indispensablyB
*e.uisites+
2& Participation in the criminal resolution
4& "ooperation through another act (includes negligence)
74
CALLANTA
* The offender in this case must have knowledge of the criminal designs of the
principal by direct participation. Thereafter, he cooperates in the commission of the
offense by an act without which the crime would not have been committed.
There is collective criminal responsibility when the offenders are criminall" liable in the same
manner and to the same extent. #he penalt" is the same for all.
There is individual criminal responsibility when there is no conspirac".
* The re,uisites for one to come under the ambit of paragraph ) re,uires the
participation of the offender in the criminal resolution. The participation must be
before the commission of the crime charged. Ae should cooperate in the commission
of the offense by performing another act by without which the offense would not
have been committed. The act of the principal by indispensable cooperation should
not be the act that constitutes the execution of the crime. It must be by another act.
rincipal '( in)ispensa'le cooperation )isting$ishe) from an
accomplice
#he point is not &ust on participation but on the importance of participation in committing the crime. #he
basis is the importance of the cooperation to the consummation of the crime. If the crime could hardly be
committed without such cooperation, then such cooperation would bring about a principal. =ut if the
cooperation merel" facilitated or hastened the consummation of the crime, this would make the cooperator
merel" an accomplice.
* !here both accused conspired and confederated to commit rape, and one had sex
with the offended party while the other was holding her hands, and thereafter the
latter was the one who raped the victim, both are principals by direct participation
and by indispensable cooperation in the two *(% crimes of rape committed. (People vs&
.ernande,, 2F5 )"!# >22)
* !here -, a municipal treasurer, conspired with 2 for the latter to present a false
receipt and which receipt was the basis of the reimbursement approved by -, and
both thereafter shared the proceeds, - is the principal by direct participation and 2
by indispensable cooperation in the crime of =alversation.
Art. 5H. #ccomplices. K Accomplices are those persons who4 not 'eing
incl$)e) in Art. 5G4 cooperate in the e,ec$tion of the offense '( pre+io$s or
sim$ltaneo$s acts.
Re*$isites:
a& there be a community of design (principal originates the design, accomplice only concurs)
b& he cooperates in the execution by previous or simultaneous acts, intending to give material and
moral aid (cooperation must be %nowingly done, it must also be necessary and not
indispensable
c& 'here be a relation between the acts of the principal and the alleged accomplice
2xamples8 a5 Juan was choking !edro. #hen #omas ran up and hit !edro with a bamboo
stick. Juan continued to choke !edro until he was dead. #omas is onl" an accomplice
because the fatal blow came from Juan.
b5 >ending a dagger to a killer, knowing the latterBs purpose.
An accomplice has knowledge of the criminal design of the principal and all he does is
concur with his purpose.
* The accomplice does not conspire with the principal although he cooperated in the
execution of the criminal act.
75
CALLANTA
#here must be a relation between the acts done b" the principal and those attributed to the
person charged as an accomplice
In homicide or murder, the accomplice must not have inflicted the mortal wound.
Art. 58. #ccessories. K Accessories are those who4 ha+ing 6nowle)ge of the
commission of the crime4 an) witho$t ha+ing participate) therein4 either as
principals or accomplices4 ta6e part s$'se*$ent to its commission in an( of the
following manners:
5. 1( profiting themsel+es or assisting the offen)er to profit '( the effects
of the crime.
:. 1( concealing or )estro(ing the 'o)( of the crime4 or the effects or
instr$ments thereof4 in or)er to pre+ent its )isco+er(.
9. 1( har'oring4 concealing4 or assisting in the escape of the principals of
the crime4 pro+i)e) the accessor( acts with a'$se of his p$'lic f$nctions or
whene+er the a$thor of the crime is g$ilt( of treason4 parrici)e4 m$r)er4 or an
attempt to ta6e the life of the Chief ",ec$ti+e4 or is 6nown to 'e ha'it$all( g$ilt( of
some other crime.
* To be an accessory to a crime, one must learn or must have knowledge of the
same after its commission. The crime must have been consummated. Ais
participation must take place subse,uent to such knowledge and in the manner
provided under -rticle 1>.
* -ll the above-mentioned acts are performed by the accessory after the commission
of the crime. -n accessory neither participates in the criminal design nor cooperates
in the commission of the crime. That is the reason why he is sometimes called an
a--#sso%& a2"#% "$# 2a-".
* The crime committed must either be a less grave or grave felony because if it is
only a light felony, no criminal liability is incurred by the accessory because of -rticle
E.
Example of 0ar $+ person received and used propert" from another, knowing it was stolen
* One can be an accessory not only by profiting from the effects of the crime but
also by assisting the offender to profit from the effects of the crime.
* The accessory however should not take the property without the consent of the
principal or accomplice in possession of the same, otherwise he is a principal in the
crime of theft since a stolen property can also be subject of theft or robbery.
Example of 0ar "+ placing a weapon in the hand of the dead who was unlawfull" killed to
plant evidence, or bur"ing the deceased who was killed b" the principals
/estroying the corpus delicti
The body of the crime however does not only mean the body of the person
killed. This phrase refers to #O+""08 C$9I#TI 6 that is, the body or the substance of
the offense (People vs& *antagan, >J Phil& FJ2)& #orpus delicti means the fact that a crime
has actually been committed& (People vs& Aadlangbayan, :J )"!# 9F>)
* 0hen the crime is robbery or theft, with respect to the second involvement of an accessor", do not
overlook the purpose which must be to prevent discover" of the crime.
* The corpus delicti is not the body of the person who is #illed, even if the corpse is not recovered, as long
as that killing is established be"ond reasonable doubt, criminal liabilit" will arise and if there is someone
who destro"s the corpus delicti to prevent discover", he becomes an accessor".
76
CALLANTA
* !hile the body of the victim is a part of the term corpus delicti by itself. The body
of the crime may refer to the instrument used in the commission of the crime such
as knife, poison, gun or any material evidence relevant to prove or establish he
E9a)0#6 !here the wife misled the authorities informing them that the person
who killed her husband was a thief who has fled, when in truth, the killer was her
paramour, the wife is liable as an accessory for concealing the body of the crime.
Example of 0ar &+ a! public officers who harbor, conceal or assist in the escape of the
principal of an" crime 4not light felon"5 with abuse of his public functions, '! private persons
who harbor, conceal or assist in the escape of the author of the crime guilt" of treason,
parricide, murder or an attempt against the life of the !resident, or who is known to be
habituall" guilt" of some crime.
-AR1#RING #R C#NC"ALING AN #22"N0"R
* In the case of a public officer, the crime committed by the principal is immaterial. 3uch officer
becomes an accessor" b" the mere fact that he helped the principal to escape b" harboring or concealing,
making use of his public function and thus abusing the same.
* @n the other hand, in case of a civilian, the mere fact that he harbored concealed or assisted the
principal to escape does not ipso facto make him an accessor". The law re(uires that the principal must
have committed the crime of treason parricide murder or attempt on the life of the Chief Executive.
(f this is not the crime, the civilian does not become an accessor" unless the principal is known to be
habituall" guilt" of some other crime.
* 2ven if the crime committed by the principal is treason, or murder or parricide or attempt on the life of
the +hief 2xecutive, the accessory cannot be held criminally liable without the principal being found guilty
of any such crime. @therwise the effect would be that the accessory merely harbored or assisted in the
escape of an innocent man, if the principal is ac(uitted of the charges.
Illustration8
+rime committed is #idnapping for ransom. "rincipal was being chased by soldiers. His aunt hid him in
the ceiling of her house and aunt denied to soldiers that her nephew had ever gone there. 0hen the
soldiers left, the aunt even gave money to her nephew to go to the province. Is aunt criminally liable@ )o.
Article 2; does not include an auntie. 0owever, this is not the reason. #he reason is because one who is
not a public officer and who assists an offender to escape or otherwise harbors, or conceals such offender,
the crime committed b" the principal must be either treason, parricide murder or attempt on the life of the
%hief executive or the principal is known to be habituall" guilt" of some other crime.
The crime committed by the principal is determinative of the liability of the accessory who harbors,
conceals #nowing that the crime is committed. (f the person is a public officer, the nature of the crime is
immaterial. 'hat is material is that he used his public function in assisting escape.
0owever, although under paragraph 3 of Article 1: when it comes to a civilian, the law specifies the crimes
that should be committed, "et there is a special law which punishes the same act and it does not specif" a
particular crime. 0residential /ecree 1o. $#"%, which penali!es obstruction of apprehension and
prosecution of criminal offenders, effective 6anuary &I, &CB&, punishes acts commonly referred to as
;obstructions of :ustice=. #his 9ecree penali+es under %ection 5(c! thereof, the act, inter alia, of
4%c' Harboring or concealing, or facilitating the escape of any person he #nows or has reasonable ground
to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest,
prosecution and conviction.5
0ere, there is no specification of the crime to be committed by the offender for criminal liability to be incurred for
harboring, concealing, or facilitating the escape of the offender, and the offender need not be the principal 1
unli#e paragraph F, rticle &C of the +ode. #he sub&ect acts ma" not bring about criminal liabilit" under
the %ode, but under this decree. 3uch an offender if violating !residential 9ecree )o. 1E2: is no longer
an accessor". 0e is simpl" an offender without regard to the crime committed b" the person assisted to
escape. 3o in the problem, the standard of the -evised !enal %ode, aunt is not criminall" liable because
crime is kidnapping, but under !residential 9ecree )o. 1E2:, the aunt is criminall" liable but not as an
accessor".
* The term ;or is 8*o7* "o b# $ab'"!a& 3!'"& o2 so)# o"$#% -%')#s< must be
understood in ordinary concept. Aabituality in law means three times or more. It can
refer to any crime wherein the accused was convicted for three times and such fact
is known to the private individual who assisted the principal in his escape.
77
CALLANTA
General *ule+ !rincipal ac2uitted, Accessor" also ac2uitted
Exception+ when the crime was in fact committed but the principal is covered b" exempting
circumstances.
2xample8 Minor stole a ring and Juan, knowing it was stolen, bought it. Minor is exempt.
Juan liable as accessor"
Trial of accessory may proceed without awaiting the result of the separate charge against the
principal because the criminal responsibilities are distinct from each other
* 6ven if the principal is convicted, if the evidence presented against a supposed accomplice or a
supposed accessor" does not meet the re2uired proof be"ond reasonable doubt, then said accused will be
ac2uitted. -o the criminal liability of an accomplice or accessory does not depend on the criminal liability
of the principal but depends on the (uantum of evidence. =ut if the evidence shows that the act done
does not constitute a crime and the principal is ac2uitted, then the supposed accomplice and accessor"
should also be ac2uitted. (f there is no crime, then there is no criminal liabilit", whether principal,
accomplice, or accessor".
?iability of the accessory the responsibilit" of the accessor" is subordinate to that of a
principal in a crime because the accessor"Bs participation therein is subse2uent to its
commission, and his guilt is directl" related to the principal. If the principal was ac(uitted by
an exempting circumstance the accessory may still be held liable.
* $ut not "residential =ecree No. &B)C. #his special law does not re2uire that there be prior conviction. (t
is a malum prohibitum, no need for guilt, or knowledge of the crime.
T7o s'"!a"'o*s 7$#%# a--#sso%'#s a%# *o" -%')'*a& 'ab#6
%&' 0hen the felony committed is a light felony/
%)' 0hen the accessory is related to the principal as spouse, or as an ascendant, or descendant or as
brother or sister whether legitimate, natural or adopted or where the accessory is a relative by
affinity within the same degree, unless the accessory himself profited from the effects or proceeds
of the crime or assisted the offender to profit therefrom.
/ifference of accessory from principal and accomplice+
a. Accessor" does not take direct part or cooperate in, or induce the commission of the
crime
b. Accessor" does not cooperate in the commission of the offense b" acts either prior
thereto or simultaneous therewith
c. !articipation of the accessor" in all cases alwa"s takes place after the commission of the
crime
d. #akes part in the crime through his knowledge of the commission of the offense.
* @ne cannot be an accessory unless he #new of the commission of the crime. @ne must not have
participated in the commission of the crime. The accessory comes into the picture when the crime is
already consummated. nyone who participated before the consummation of the crime is either a
principal or an accomplice. He cannot be an accessory.
ACC"%%#R. A% A 2"NC"
where the crime committed b" the principal was robber" or theft, such participation of an accessor" brings
about criminal liabilit" under Presidential +ecree Bo& 2924 (#ntiL.encing 8aw). <ne who knowingl" profits or
assists the principal to profit b" the effects of robber" or theft is not &ust an accessor" to the crime, but
principall" liable for fencing under !residential 9ecree )o. 1/12.
An" person who, with intent to gain, ac2uires and?or sell, possesses, keeps or in an" manner deals with
an" article of value which he knows or should be known to him to be the proceeds of robber" or theft is
considered a HfenceI and incurs criminal liabilit" for HfencingI under said decree. The penalty is higher
than that of a mere accessory to the crime of robbery or theft.
>ikewise, the participation of one who conceals the effects of robber" or theft gives rise to criminal liabilit"
for HfencingI, not simpl" of an accessor" under paragraph 2 of Article 1: of the %ode. ,ere possession of
78
CALLANTA
any article of value which has been the subject of robbery or theft brings about the prima facie
presumption of 4fencing5.
* (n both laws, !residential 9ecree )o. 1/12 and the -evised !enal %ode, the same act is the basis of
liability and you cannot punish a person twice for the same act as that would go against double jeopardy.
* The crimes of robbery and fencing are clearly two distinct offenses. The law on
fencing does not re,uire the accused to have participated in the criminal design to
commit, or to have been in any wise involved in the commission of the crime or
robbery or theft made to depend on an act of fencing in order that it can be
consummated. True, the object property in fencing must have been previously taken
by means of either robbery or theft but the place where the robbery or theft occurs
is inconse,uential.
Ac.uiring the effects of piracy or brigandage
#he act of knowingl" ac2uiring or receiving propert" which is the effect or the proceeds of a crime
generall" brings about criminal liabilit" of an accessor" under Article 1:, paragraph 1 of the -evised !enal
%ode. $ut if the crime was piracy of brigandage under 0residential /ecree 1o. 5&& ,Anti-piracy and
Anti-3ighway *obbery ?aw of $%JA-, said act constitutes the crime of abetting piracy or abetting
brigandage as the case may be, although the penalty is that for an accomplice, not just an accessory, to
the piracy or brigandage. To this end, 2ection A of 0residential /ecree 1o. 5&" provides that any
person who #nowingly and in any mannerL ac(uires or receives property ta#en by such pirates or
brigands or in any manner derives benefit therefromL shall be considered as an accomplice of the
principal offenders and be punished in accordance with the 3ules prescribed by the 3evised "enal +ode.
Art. :I. #ccessories who are exempt from criminal liability. K The penalties
prescri'e) for accessories shall not 'e impose) $pon those who are s$ch with
respect to their spo$ses4 ascen)ants4 )escen)ants4 legitimate4 nat$ral4 an)
a)opte) 'rothers an) sisters4 or relati+es '( affinit( within the same )egrees4 with
the single e,ception of accessories falling within the pro+isions of paragraph 5 of
the ne,t prece)ing article.
Basis+ #ies of blood and the preservation of the cleanliness of oneBs name which compels
one to conceal crimes committed b" relatives so near as those mentioned.
)ephew and )iece not included
ccessory not exempt when helped a relative$principal b" profiting from the effects of the
crime, or assisted the offender to profit from the effects of the crime.
<nl" accessories covered b" par 2 and 3 are exempted.
!ublic officer who helped his guilt" brother escape does not incur criminal liabilit" as ties of
blood constitutes a more powerful incentive than the call of dut".
"NALTI"%
0E1A?TC 4 suffering inflicted b" the 3tate for the transgression of a law.
'ive /01 teories tat (ustify te i!%osition of %enalty&
a. P%#(#*"'o* 6 The 8tate must punish the criminal to prevent or suppress the
danger to the 8tate arising from the criminal acts of the offender'
b. S#2:,#2#*s# 6 The 8tate has the right to punish the criminal as a measure of
self-defense so as to protect society from the threat and wrong inflicted by
the criminal'
c. R#2o%)a"'o* 6 The object of punishment in criminal cases is to correct and
reform the offender'
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CALLANTA
d. E9#)0a%'"& 6 The criminal is punished to serve as an example to deter
others from committing crimes'
e. +!s"'-# 6 That crime must be punished by the 8tate as an act retributive
justice, a vindication of absolute right and moral as violated by the criminal.
I!%osition of a %enalty as a tree2fold %ur%ose&
a. R#"%'b!"'o* o% #90'a"'o* 6 The penalty is commensurate with the gravity of
the offense.
b. Co%%#-"'o* o% %#2o%)a"'o* rules which regulate the execution of penalties
consisting of deprivation of liberty
c. So-'a ,#2#*s# 6 as manifested by the inflexibilities and severity in the
imposition of the penalty to recidivists and habitual delin,uents.
(uridical Conditions of 0enalty
a. ,ust be productive of suffering limited b" the integrit" of human personalit"
b. ,ust be proportionate to the crime
c. ,ust be personal imposed onl" upon the criminal
d. ,ust be legal according to a &udgment of fact and law
e. ,ust be e(ual applies to ever"one regardless of the circumstance
f. ,ust be correctional to rehabilitate the offender
Art. :5. Penalties that may be imposed. K No felon( shall 'e p$nisha'le '( an(
penalt( not prescri'e) '( law prior to its commission.
Fuarantees that no act of a citi+en will be considered criminal unless the 3tate has made it
so b" law and provided a penalt"
Except+ 'hen the penalt" is favorable to the criminal
2y reason of -rt. (&, an act or omission cannot be punished by the 8tate if at
the time it was committed there was no law prohibiting it. The rule is that a man
cannot be expected to obey an order that was not made known to him.
Art. ::. !etroactive effect of penal laws. K enal Laws shall ha+e a retroacti+e
effect insofar as the( fa+or the persons g$ilt( of a felon(4 who is not a ha'it$al
criminal4 as this term is )efine) in R$le @ of Article D: of this Co)e4 altho$gh at the
time of the p$'lication of s$ch laws a final sentence has 'een prono$nce) an) the
con+ict is ser+ing the same.
General *ule+ %riminal laws are given prospective effects
Exception+ Five retroactive effect when favorable to the accused4not a habitual
deling2uent5. 6x. 3pecial law made the penalt" less severe but must refer to the same
deed or omission penali+ed b" the former statute
)ew law ma" provide that its provisions not be applied to cases alread" filed in court at the
time of the approval of such law.
The favorable retroactive effect of a new law may find the defendant in one of the F
situations
a. crime has been committed and the prosecution begins
b. sentence has been passed but service has not begun
c. sentence is being carried out.
3abitual criminal 4person who within the pd of 1; "ears from date of release or last
conviction of the crimes of serious or less serious ph"sical in&uries, robber", theft, estafa or
80
CALLANTA
falsification, he is found guilt" of an" said crimes a third time or oftener5 is N@T entitled to the
benefit of the provisions of the new favorable law.
+ivil liabilities not covered by rt )) because rights of offended persons are not within the gift
of arbitrar" disposal of the 3tate.
$ut new law increasing civil liability cannot be given retroactive effect.
-etroactivit" applicable also to special laws
#he right to punish offenses committed under an old penal law is not extinguished if the
offenses are still punished in the repealing penal law. 0owever, if b" re$enactment of the
provisions of the former law, the repeal is b" implication and there is a saving clause,
criminal liabilit" under the repealed law subsists.
No retroactive effect of penal laws as regards jurisdiction of the court. Jurisdiction of the court
is determined b" the law in force at the time of the institution of the action, not at the time of
the commission of the crime.
Jurisdiction of courts in criminal cases is determined b" the allegations of the complaint or
information, and not b" the findings the court ma" make after trial.
Khen a law is ex post facto
a Makes criminal an act done before the passage of the law and which was
innocent when done, and punishes such an act.
b Aggravates the crime or makes it greater than it was when committed.
c %hanges the punishment and inflicts a greater punishment than the law annexed
to the crime when committed.
d Alters the legal rules of evidence and authori+es conviction upon less or different
testimon" than the law re2uired at the time of the commission of the crime.
e Assuming to regulate civil rights and remedies onl", in effect imposes penalt" or
deprivation of a right for something which when done was lawful.
f 9eprives a person accused of a crime some lawful protection to which he has
become entitled, such as the protection of a former conviction or ac2uittal or a
proclamation of amnest".
Bill of Attainder 4 a legislative act which inflicts punishment without trial. (ts essence is the
substitution of a legislative for a &udicial determination of guilt.
Art. :9. 6ffect of pardon by the offended party. K A par)on of the offen)e)
part( )oes not e,ting$ish criminal action e,cept as pro+i)e) in Article 9?? of this
Co)e> '$t ci+il lia'ilit( with regar) to the interest of the in=$re) part( is
e,ting$ishe) '( his e,press wai+er.
2ven if injured party already pardoned the offender fiscal can still prosecute. )ot even
considered a ground for dismissal of the information. 6xception- Art &AA $ crimes of
seduction, abduction, rape or acts of lasciviousness pardon must be expressed.
* - pardon given by the offended party does not extinguish criminal action because
such pardon by the offended party is not a ground for dismissal of the complaint or
information. - crime committed is an offense against the 8tate. In criminal cases,
the intervention of the aggrieved parties is limited to being witnesses for the
prosecution, the offended party being the +epublic of the "hilippines.
<nl" %hief 6xecutive can pardon the offenders
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CALLANTA
+an7t compromise criminal liability, only civil liability but it still shall not extinguish the public
action for the imposition of the legal penalt".
* -rt. (5)1 of the Hew #ivil #ode provides. ;there may be a compromise upon the
civil liability arising from an offense' but such compromise shall not extinguish the
public action for the imposition of the legal penalty.<
* - contract stipulating for the renunciation of the right to prosecute an offense or
waiving the criminal liability is void.
<ffended part" in the crimes of adulter" and concubinage canBt institute criminal prosecution
if he shall have consented or pardoned the offenders.
"ardon in adultery and concubinage may be implied continued inaction after learning of the
offense. Must pardon both offenders.
The pardon afforded the offenders must come $2F@32 the institution of the criminal
proceedings. %omplaint for an" of the above$mentioned crimes in Art 344 will still be
prosecuted b" the court on the ground that the pardon 4basis for the motion to dismiss5 was
given after the filing of the complaint.
#he onl" act that extinguishes the penal action, after the institution of criminal action, is the
marriage between the offender and the offended party
"ardon under rt FDD is only a bar to criminal prosecution. (t 9<63 )<# extinguish criminal
liabilit". (t is not one of the causes that totall" extinguish criminal liabilit" in Art E:.
+ivil liability with regard to the interest of the injured party is extinguished by his express
waiver because personal in&ur" ma" be repaired through indemnit" an"wa". 3tate has no
reason to insist on its pa"ment.
'aiver must be express.
Art. :?. Aeasures of prevention or safety which are not considered penalties. K
The following shall not 'e consi)ere) as penalties:
5. The arrest an) temporar( )etention of acc$se) persons4 as well as their
)etention '( reason of insanit( or im'ecilit(4 or illness re*$iring their confinement
in a hospital.
:. The commitment of a minor to an( of the instit$tions mentione) in Article
HI an) for the p$rposes specifie) therein.
9. %$spension from the emplo(ment of p$'lic office )$ring the trial or in
or)er to instit$te procee)ings.
?. 2ines an) other correcti+e meas$res which4 in the e,ercise of their
a)ministrati+e )isciplinar( powers4 s$perior officials ma( impose $pon their
s$'or)inates.
@. 0epri+ation of rights an) the reparations which the ci+il laws ma(
esta'lish in penal form.
!ar 1 refers to the Haccused personsI who are detained Hb" reason of insanit" or imbecilit"I
not an insane or imbecile who has not been arrested for a crime.
#he" are not considered penalties because the" are not imposed as a result of judicial
proceedings. #hose in par 1, 3 and 4 are merel" preventive measures before the conviction
of offenders.
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CALLANTA
+ommitment of a minor is not a penalty because it is not imposed by the court in a judgment.
#he imposition of the sentence in such a case is suspended.
7ines in par 4 are not imposed b" the court because otherwise, the" constitute a penalt"
C#RR"LATING ARTICL" :? WIT- ARTICL" :8
Although under Article 24, the detention of a person accused of a crime while the case against him is
being tried does not amount to a penalt", "et the law considers this as part of the imprisonment and
generall" deductible from the sentence.
'hen will this credit appl"@ If the penalty imposed consists of a deprivation of liberty. )ot all who have
undergone preventive imprisonment shall be given a credit
;nder rticle )D, preventive imprisonment of an accused who is not "et convicted is not a penalt". >et
rticle )C, if ultimatel" the accused is convicted and the penalt" imposed involves deprivation of libert",
provides that the period during which he had undergone preventive detention will be deducted from the
sentence, unless he is one of those dis2ualified under the law.
3o, if the accused has actuall" undergone preventive imprisonment, but if he has been convicted for two
or more crimes whether he is a recidivist or not, or when he has been previousl" summoned but failed to
surrender and so the court has to issue a warrant for his arrest, whatever credit he is entitled to shall be
forfeited.
(f the offender is not dis2ualified from the credit or deduction provided for in Article 2: of the -evised !enal
%ode, then the next thing to determine is whether he signed an undertaking to abide b" the same rules
and regulations governing convicts. If he signed an underta#ing to abide by the same rules and
regulations governing convicts, then it means that while he is suffering from preventive imprisonment, he is
suffering like a convict, that is wh" the credit is full.
$ut if the offender did not sign an underta#ing, then he will onl" be sub&ected to the rules and regulations
governing detention prisoners. s such, he will only be given BAM or DKG of the period of his preventive
detention.
P%#(#*"'(# ')0%'so*)#*" is the incarceration undergone by a person
accused of a crime which is not bailable, or he cannot afford to post bond. Curing
the trial of his case, he is detained in jail. Ae is known as detention prisoner.
S!bs','a%& ')0%'so*)#*", on the other hand, is the personal penalty
prescribed by law in substitution of the payment of fine embodied in the decision
when the same cannot be satisfied because of the culprit:s insolvency. (People vs&
<arumayan, >4 ;&7& 4JF)
Art. :@. Penalties which may be imposed. K The penalties which ma( 'e
impose) accor)ing to this Co)e4 an) their )ifferent classes4 are those incl$)e) in
the following %cale:
RINCIAL "NALTI"%
Capital punishment+
0eath.
Afflictive penalties+
Recl$sion perpet$a4
Recl$sion temporal4
erpet$al or temporar( a'sol$te )is*$alification4
erpet$al or temporar( special )is*$alification4
rision ma(or.
Correctional penalties+
rision correccional4
83
CALLANTA
Arresto ma(or4
%$spension4
0estierro.
?ight penalties+
Arresto menor4
$'lic cens$re.
enalties common to the three prece)ing classes:
2ine4 an)
1on) to 6eep the peace.
ACC"%%#R. "NALTI"%
erpet$al or temporar( a'sol$te )is*$alification4
erpet$al or temporar( special )is*$alification4
%$spension from p$'lic office4 the right to +ote an) 'e +ote) for4 the
profession or calling.
Ci+il inter)iction4
In)emnification4
2orfeit$re or confiscation of instr$ments an) procee)s of the offense4
a(ment of costs.
Classification of penalties+
a !rincipal
b Accessor"

P%'*-'0a 0#*a"'#s are those expressly imposed by the court while A--#sso%&
0#*a"'#s are those that are deemed included in the principal penalties imposed.
According to divisibility ,principal-
a divisible those that have fixed duration and are divisible into 3 periods
b indivisible no fixed duration 4death, -!, perpetual or absolute dis2ualification5
According to sub:ect matter
a corporal death
b deprivation of freedom reclusion, prision, arresto
c restriction of freedom destierro
d deprivation of rights dis2ualification and suspension
e pecuniar" fine
According to gravity
a capital
b afflictive
c correccional
d light
"ublic censure is a penalty, and being such, is not proper in ac2uittal. =ut a competent court,
while ac2uitting an accused ma", with un2uestionable propriet" express its disapproval or
reprehension of those acts to avoid the impression that b" ac2uitting the accused it approves
or admires his conduct.
!ermanent and temporar" absolute and permanent and temporar" special dis2ualification
and suspension ma" be principal or accessor" penalties because the" are found in 2 general
classes.
Art. :D. $hen afflictive, correctional, or light penalty& K A fine4 whether
impose) as a single of as an alternati+e penalt(4 shall 'e consi)ere) an afflicti+e
penalt(4 if it e,cee)s D4III pesos> a correctional penalt(4 if it )oes not e,cee)
84
CALLANTA
D4III pesos '$t is not less than :II pesos> an) a light penalt( if it less than :II
pesos.
Fines are imposed either as alternative 4Art 144 punishing disturbance of proceedings with
arresto ma"or or fine from 2;; pesos to 1;;; pesos5 or single 4fine of 2;; to /;;; pesos5
Penalty cannot be imposed in the alternative since itBs the dut" of the court to indicate the
penalt" imposed definitel" and positivel". #hus, the court cannot sentence the guilt" person
in a manner as such as Hto pa" fine of 1;;; pesos, or to suffer an imprisonment of 2 "ears,
and to pa" the costs.I
(f the fine imposed b" the law for the felon" is exactl" 2;; pesos, it is a light felon".
6ines+
a #fflictive over /;;;
b "orrectional 2;1 to /;;;
c 8ight 2;; and less
Note8 #he classification applies if the fine is imposed as a single or alternative penalt".
0ence, it does not apply if the fine imposed together with another penalty.
Bond to <eep the peace is by analogy+
a fflictive over /;;;
b +orrectional 2;1 to /;;;
c :ight 2;; and less
=istinction between classification of "enalties in rt. C and rt. )I
Article 8 Article :D
Applicable in determining the prescriptive
period of felonies
Applicable in determining the prescriptive
period of penalties
03RATI#N AN0 "22"CT #2 "NALTI"%
Art. :G. !eclusion perpetua. KThe penalt( of recl$sion perpet$a shall 'e from
twent( (ears an) one )a( to fort( (ears.
!eclusion temporal. K The penalt( of recl$sion temporal shall 'e from twel+e (ears
an) one )a( to twent( (ears.
Prision mayor and temporary disqualification. K The )$ration of the penalties of
prision ma(or an) temporar( )is*$alification shall 'e from si, (ears an) one )a(
to twel+e (ears4 e,cept when the penalt( of )is*$alification is impose) as an
accessor( penalt(4 in which case its )$ration shall 'e that of the principal penalt(.
Prision correccional, suspension, and destierro. K The )$ration of the penalties of
prision correccional4 s$spension an) )estierro shall 'e from si, months an) one
)a( to si, (ears4 e,cept when s$spension is impose) as an accessor( penalt(4 in
which case4 its )$ration shall 'e that of the principal penalt(.
#rresto mayor& K The )$ration of the penalt( of arresto ma(or shall 'e from one
month an) one )a( to si, months.
#rresto menor. K The )$ration of the penalt( of arresto menor shall 'e from one
)a( to thirt( )a(s.
*ond to %eep the peace& K The 'on) to 6eep the peace shall 'e re*$ire) to co+er
s$ch perio) of time as the co$rt ma( )etermine.
85
CALLANTA
9 2#L0 R3L": the maximum duration of the convict7s sentence shall not be more than F
times the length of time corresponding to the most severe of the penalties imposed upon
him.
the maximum duration of the convictBs sentence shall in no case exceed 4; "ears
* Three?Fold 3ule is to be given effect when the convict is already serving sentence in the penitentiiary. It
is the prison authority who will apply the Three?Fold 3ule.
#emporar" dis2ualification and suspension, when imposed as accessor" penalties, have
different durations the" follow the duration of the principal penalt"
/estierro is imposed in the following circumstances+
a serious ph"sical in&uries or death under exceptional circumstances 4Art. 24.5
b failure to give bond for good behavior 4 a person making threat ma" be re2uired to
give bond not to molest the person threatened, if not destierro5
c penalt" for the concubine
d in cases where the reduction of the penalt" b" one or more degrees results in
destierro
* =estierro is a principal penalty. It is a punishment whereby a convict is vanished to a certan place and
is prohibited form entering or coming near that place designated in the sentence, not less than )G Nms..
However, the court cannot extend beyond )GA Nms. If the convict should enter the prohibited places, he
commits the crime of evasion of service of sentence under rticle &GE. $ut if the convict himself would go
further from which he is vanished by the court, there is no evasion of sentence because the )GA?Nm. limit
is upon the authority of the court in vanishing the convict
Bond to <eep the peace is not specificall" provided as a penalt" for an" felon" and
therefore cannot be imposed b" the court. (t is re2uired in Art 2E4 and not to be given in
cases involving other crimes.
%$mmar(:
a Perpetual penalties ,*.0.- 42; "rs 1da" 4;"rs5 after 3; "ears, can be pardoned,
except when he is unworth" of pardon b" reason of his conduct and some other serious
cause, it wonBt exceed 4; "ears.
b !eclusion 'emporal 12 "rs and 1 da" to 2; "rs
c Prision Aayor and temporary disqualification / "rs and 1 da" to 12 "rs1
dis2ualification if accessor" follows the duration of the principal penalt"
d Prision "orreccional, suspension and destierro / mos and 1 da" to 12 "rs1
dis2ualification if accessor" follows the duration of the principal penalt"
e #rresto Aayor 1 month and 1 da" to / months
f #rresto Aenor 1 da" to 3; da"s
g *ond to %eep the peace the period during which the bond shall be effective is
discretionar" to the court
"apital and #fflictive Penalties
0eath Recl$sion
erpet$a
Recl$sion
Temporal
rison Ma(or
86
CALLANTA
'erm of
ImprisonL
ment
)one 2; "ears and 1
da" to 4; "ears
12 "ears and 1
da" to 2; "ears
/ "ears and 1 da"
to 12 "ears
#ccessory
Penalties
None, unless
pardoned*
$!erpetual
absolute
dis2ualification
$%ivil
interdiction for
3; "ears
$%ivil (nterdiction
or during his
sentence
$!erpetual
absolute
dis2ualification
$%ivil
(nterdiction or
during his
sentence
$!erpetual
absolute
dis2ualification
$#emporar"
absolute
dis2ualification
$!erpetual special
dis2ualification
from the right of
suffrage which the
offender suffers
although pardoned
"orrectional and 8ight Penalties
rison Correctional Arresto Ma(or Arresto Menor
ImprisonL
ment
/ months and 1 da" to /
"ears
1 month and 1 da"
to / months
1 da" to 3; da"s
#ccessory
Penalties
$3uspension from public
office
$3uspension from the right to
follow a profession or calling
$!erpetual special
dis2ualification on the right
of suffrage
$3uspension of right
to hold office
$3uspension of the
right of suffrage
during the term of
the sentence
$3uspension of right
to hold office
$3uspension of the
right of suffrage
during the term of
the sentence
* +eclusion perpetua, despite its ;defined duration< in +.-. E4@> 6 (5 years and one
day to 15 years 6 is still to be classified as an indivisible penalty (People vs& 8ucas, 454
)"!# >5?), and should be imposed in its entire duration in accordance with -rt. 4) of
the +evised "enal #de. (People vs& Aagallano, 499 )"!# 5G>)
Art. :H. "omputation of penalties& K If the offen)er shall 'e in prison4 the term
of the )$ration of the temporar( penalties shall 'e comp$te) from the )a( on
which the =$)gment of con+iction shall ha+e 'ecome final.
If the offen)er 'e not in prison4 the term of the )$ration of the penalt(
consisting of )epri+ation of li'ert( shall 'e comp$te) from the )a( that the
offen)er is place) at the )isposal of the =$)icial a$thorities for the enforcement of
the penalt(. The )$ration of the other penalties shall 'e comp$te) onl( from the
)a( on which the )efen)ant commences to ser+e his sentence.
/irector of 0risonsFwarden to compute based on Art "#+
a 0hen the offender is in prison the duration of the temporar" penalties 4!A9,
#A9, detention, suspension5 is from the da" on which the &udgment of conviction
becomes final.
b 0hen the offender is not in prison the duration of the penalt" in deprivation of
libert" is from the da" that the offender is placed at the disposal of &udicial authorities for
the enforcement of the penalt"
c The duration of the other penalties the duration is from the da" on which the
offender commences to serve his sentence
87
CALLANTA
3eason for rule %a' 1 because under Art 24, the arrest and temporar" detention of the
accused is not considered a penalt"
if in custody, the accused appealed, the service of the sentence should commence from the
date of the promulgation of the decision of the appellate court, not from the date of the
&udgment of the trial court was promulgated.
service of one in prison begins onl" on the da" the &udgment of conviction becomes final.
In cases if temporary penalties, if the offender is under detention, as when undergoing
preventive imprisonment, rule 4a5 applies.
If not under detention 4released on bail5 rule 4c5 applies
@ffender under preventive imprisonment, rule 4c5 applies not rule 4a5
#he offender is entitled to a deduction of full$time or 4?8 of the time of his detention.
Art. :8. Period of preventive imprisonment deducted from term of imprisonment&
K #ffen)ers who ha+e $n)ergone pre+enti+e imprisonment shall 'e cre)ite) in
the ser+ice of their sentence consisting of )epri+ation of li'ert(4 with the f$ll time
)$ring which the( ha+e $n)ergone pre+enti+e imprisonment4 if the )etention
prisoner agrees +ol$ntaril( in writing to a'i)e '( the same )isciplinar( r$les
impose) $pon con+icte) prisoners4 except in the following cases+
5. When the( are reci)i+ists or ha+e 'een con+icte) pre+io$sl( twice or
more times of an( crime> an)
:. When $pon 'eing s$mmone) for the e,ec$tion of their sentence the(
ha+e faile) to s$rren)er +ol$ntaril(.
If the )etention prisoner )oes not agree to a'i)e '( the same )isciplinar(
r$les impose) $pon con+icte) prisoners4 he shall 'e cre)ite) in the ser+ice of his
sentence with fo$r;fifths of the time )$ring which he has $n)ergone pre+enti+e
imprisonment. (#s amended by !epublic #ct 924?, <une 2?, 2:?G)&
Whene+er an acc$se) has $n)ergone pre+enti+e imprisonment for a perio)
e*$al to or more than the possi'le ma,im$m imprisonment of the offense charge)
to which he ma( 'e sentence) an) his case is not (et terminate)4 he shall 'e
release) imme)iatel( witho$t pre=$)ice to the contin$ation of the trial thereof or
the procee)ing on appeal4 if the same is $n)er re+iew. In case the ma,im$m
penalt( to which the acc$se) ma( 'e sentence) is )estierro4 he shall 'e release)
after thirt( (9I! )a(s of pre+enti+e imprisonment. (#s amended by 6&;& Bo& 42J, <uly
2G, 2:FF)
Accused undergoes preventive suspension if+
a offense is non$bailable
b bailable but canBt furnish bail
the full time or 4?8 of the time during which the offenders have undergone preventive
suspension shall be deducted from the penalt" imposed
preventive imprisonment must also be considered in perpetual penalties. Article does not
make an" distinction between temporal and perpetual penalties.
%redit is given in the service of sentences Hconsisting of deprivation of libert"I 4imprisonment
and destierro5. #hus, persons who had undergone preventive imprisonment but the offense
is punishable by a fine only would not be given credit.
=estierro is considered a Hdeprivation of libert"I
88
CALLANTA
(f the penalty imposed is arresto menor to destierro, the accused who has been in prison for
3; da"s 4arresto menor $ 3; da"s5 should be released because although the maximum
penalt" is destierro 4/ mos 1 da" to / "rs5, the accused sentenced to such penalt" does not
serve it in prison.
T$# 2oo7'*3 o22#*,#%s a%# *o" #*"'"#, "o a*& ,#,!-"'o* o2 "$# "')#
o2 0%#(#*"'(# ')0%'so*)#*"6
&. +ecidivists or those previously convicted for two or more times of any
crime.
(. Those who, upon being summoned for the execution of their sentence,
failed to surrender voluntarily.
Habitual =elin(uents not entitled to the full time or 4?8 credit of time under preventive
imprisonment since he is necessaril" a recidivist or has been convicted previousl" twice or
more times of an" crime.
2xample8 G who was arrested for serious ph"sical in&uries, detained for 1 "ear and went out
on bail but was later on found guilt". 0e was conse2uentl" summoned for the execution of
the sentence, but having failed to appear, G will not be credited in the service of his sentence
for serious ph"sical in&uries w? one "ear or 4?8 of one "ear preventive imprisonment.
Art. 9I. 6ffects of the penalties of perpetual or temporary absolute
disqualification& K The penalties of perpet$al or temporar( a'sol$te
)is*$alification for p$'lic office shall pro)$ce the following effects:
5. The )epri+ation of the p$'lic offices an) emplo(ments which the offen)er
ma( ha+e hel) e+en if conferre) '( pop$lar election.
:.The )epri+ation of the right to +ote in an( election for an( pop$lar office
or to 'e electe) to s$ch office.
9. The )is*$alification for the offices or p$'lic emplo(ments an) for the
e,ercise of an( of the rights mentione).
In case of temporar( )is*$alification4 s$ch )is*$alification as is comprise) in
paragraphs : an) 9 of this article shall last )$ring the term of the sentence.
?. The loss of all rights to retirement pa( or other pension for an( office
formerl( hel).
The exclusion is a mere dis(ualification for protection and not for punishment the
withholding of a privilege, not a denial of a right.
"erpetual absolute dis(ualification is effective during the lifetime of the convict and even after
the service of the sentence.
Temporary absolute dis(ualification is effective during the term of sentence and is removed
after the service of the same. 2xception* 415 deprivation of the public office or emplo"ment1
425 loss of all rights to retirement pa" or other pension for an" office formerl" held.
Effects of 0erpetual and temporary absolute dis.ualification+
a 9eprivation of an" public office or emplo"ment of offender
b 9eprivation of the right to vote in an" election or to be voted upon
c >oss of rights to retirement pa" or pension
89
CALLANTA
d All these effects last during the lifetime of the convict and even after the service of
the sentence except as regards paragraphs 2 and 3 of the above in connection with
#emporar" Absolute 9is2ualification.
Art. 95. 6ffect of the penalties of perpetual or temporary special disqualification&
K The penalties of perpet$al or temporal special )is*$alification for p$'lic office4
profession or calling shall pro)$ce the following effects:
5. The )epri+ation of the office4 emplo(ment4 profession or calling affecte)>
:. The )is*$alification for hol)ing similar offices or emplo(ments either
perpet$all( or )$ring the term of the sentence accor)ing to the e,tent of s$ch
)is*$alification.
Art. 9:. 6ffect of the penalties of perpetual or temporary special disqualification
for the exercise of the right of suffrage& K The perpet$al or temporar( special
)is*$alification for the e,ercise of the right of s$ffrage shall )epri+e the offen)er
perpet$all( or )$ring the term of the sentence4 accor)ing to the nat$re of sai)
penalt(4 of the right to +ote in an( pop$lar election for an( p$'lic office or to 'e
electe) to s$ch office. Moreo+er4 the offen)er shall not 'e permitte) to hol) an(
p$'lic office )$ring the perio) of his )is*$alification.
#emporar" dis2ualification if imposed as an accessor" penalt", its duration is that of the
principal penalt"
Effects of 0erpetual and Temporary 2pecial /is.ualification
a. .or public office, profession, or calling
1. 9eprivation of the office, emplo"ment, profession or calling affected
2. 9is2ualification for holding similar offices or emplo"ment during the period of
dis2ualification

b& .or the exercise of the right of suffrage
1. 9eprivation of the right to vote or to be elected in an office.
1. %annot hold an" public office during the period of dis2ualification.

Art. 99. 6ffects of the penalties of suspension from any public office, profession or
calling, or the right of suffrage. K The s$spension from p$'lic office4 profession or
calling4 an) the e,ercise of the right of s$ffrage shall )is*$alif( the offen)er from
hol)ing s$ch office or e,ercising s$ch profession or calling or right of s$ffrage
)$ring the term of the sentence.
The person s$spen)e) from hol)ing p$'lic office shall not hol) another ha+ing
similar f$nctions )$ring the perio) of his s$spension.
"ffects:
a 9is2ualification from holding such office or the exercise of such profession or right
of suffrage during the term of the sentence.
b %annot hold another office having similar functions during the period of
suspension.
Art. 9?. "ivil interdiction. K Ci+il inter)iction shall )epri+e the offen)er )$ring
the time of his sentence of the rights of parental a$thorit(4 or g$ar)ianship4 either
as to the person or propert( of an( war)4 of marital a$thorit(4 of the right to
manage his propert( an) of the right to )ispose of s$ch propert( '( an( act or an(
con+e(ance inter +i+os.
90
CALLANTA
"ffects:
a. /eprivation of the following rights+
1. !arental rights
2. Fuardianship over the ward
3. Martial authorit"
4. -ight to manage propert" and to dispose of the same b" acts inter vivos
b. +ivil Interdiction is an accessory penalty to the following principal penalties
1. (f death penalt" is commuted to life imprisonment
2. -eclusion perpetua
3. -eclusion temporal
0e can dispose of such propert" b" will or donation mortis causa
Art. 9@. 6ffects of bond to %eep the peace. K It shall 'e the )$t( of an( person
sentence) to gi+e 'on) to 6eep the peace4 to present two s$fficient s$reties who
shall $n)erta6e that s$ch person will not commit the offense so$ght to 'e
pre+ente)4 an) that in case s$ch offense 'e committe) the( will pa( the amo$nt
)etermine) '( the co$rt in the =$)gment4 or otherwise to )eposit s$ch amo$nt in
the office of the cler6 of the co$rt to g$arantee sai) $n)erta6ing.
The co$rt shall )etermine4 accor)ing to its )iscretion4 the perio) of )$ration
of the 'on).
%ho$l) the person sentence) fail to gi+e the 'on) as re*$ire) he shall 'e
)etaine) for a perio) which shall in no case e,cee) si, months4 is he shall ha+e
'een prosec$te) for a gra+e or less gra+e felon(4 an) shall not e,cee) thirt( )a(s4
if for a light felon(.
=ond to keep the peace is different from bail bond which is posted for the provisional release
of a person arrested for or accused of a crime. $ond to #eep the peace or for good behavior
is imposed as a penalt" in threats.
* The legal effect of a failure to post a bond to #eep the peace is imprisonment either for six months or 3;
da"s, depending on whether the felon" committed is grave or less grave on one hand, or it is light onl" on
the other hand. The legal effect of failure to post a bond for good behavior is not imprisonment but
destierro under Article 2E4.
Art. 9D. Pardon3 its effect& K A par)on shall not wor6 the restoration of the
right to hol) p$'lic office4 or the right of s$ffrage4 $nless s$ch rights 'e e,pressl(
restore) '( the terms of the par)on.
A par)on shall in no case e,empt the c$lprit from the pa(ment of the ci+il
in)emnit( impose) $pon him '( the sentence.
"ardon by the "resident does not restore the right to public office or suffrage except when
both are expressl" restored in the pardon. )or does it exempt from civil liabilit"?from pa"ment
of civil indemnit".
?imitations to 0residentLs power to pardon+
a can be exercised onl" after final &udgment
b does not extend to cases of impeachment
c does not extinguish civil liabilit" onl" criminal liabilit"
General rule+!ardon granted in general terms does not include accessor" penalties.
Exceptions+
91
CALLANTA
a. If the absolute pardon is granted after the term of imprisonment has expired, it removes
all that is left of the conse2uences of conviction. However, if the penalt" is life
imprisonment and after the service of 3; "ears, a pardon is granted, the pardon does not
remove the accessor" penalt" of absolute perpetual dis2ualification
b. if the facts and circumstances of the case show that the purpose of the !resident is to
precisel" restore the rights i.e., granting absolute pardon after election to a post 4ma"or5
but before the date fixed b" law for assuming office to enable him to assume the position
in deference to the popular will
Pa%,o* )!s" b# a--#0"#,
"ardon is an act of grace, proceeding from the #hief $xecutive, which
exempts the individual upon whom it is bestowed from the punishment which the
law inflicts for the crime he has committed. It is a private, though official, act of the
#hief $xecutive delivered to the individual for whose benefit it is not intended. It is a
deed, to the validity of which delivery is essential, and delivery is not complete
without acceptance. 0ntil delivery, all that may have been done is a matter of
intended favor, and the pardon may be cancelled to accord with the change of
intention. If cancelled before acceptance, it has no effect.
Effe#ts of Pardon
There are two kinds of pardon that may be extended by the "resident. The
first one is known as -o*,'"'o*a 0a%,o*. This pardon contemplates of a situation
wherein the offender is granted temporary liberty under certain conditions. If he
violates the conditions of this pardon, he commits a crime known as evasion of
service of sentence.
Then we have abso!"# 0a%,o* 6 when an absolute pardon is granted, it
releases the offender from the punishment imposed by the court on him, so that in
the eyes of the law, the offender is innocent as if he had never committed the
offense. It removes the penalties and disabilities and restores him to all his civil
rights. It makes him a new man and gives him a new credit and capacity.
* "ardon relieves the offender from the conse,uences of an offense for which he has
been convicted, that it, it abolishes or forgives the punishment, subject to
exceptions mentioned in -rt. )4.
0ardon by the offended party 4 does not extinguish criminal liabilit", ma" include offended
part" waiving civil indemnit" and it is done before the institution of the criminal prosecution
and extended to both offenders.
Pardon by the "hief 6xecutive distinguished from pardon by the offended party-
1. !ardon b" the %hief 6xecutive extinguishes the criminal liabilit" of the offender1 such is
not the case when the pardon is given b" the offended part".
(. "ardon by the #hief $xecutive cannot include civil liability which the offender
must pay' but the offended party can waive the civil liability which the
offender must pay.
). In cases where the law allows pardon by the offended party, the pardon
should be given before the institution of criminal prosecution and must be
extended to both offenders. This is not true for pardon extended by the #hief
$xecutive for the same may be extended to offenders whether the crime
committed is public or private offense.
Art. 9G. "ost& M $hat are included. K Costs shall incl$)e fees an) in)emnities
in the co$rse of the =$)icial procee)ings4 whether the( 'e fi,e) or $naltera'le
amo$nts pre+io$sl( )etermine) '( law or reg$lations in force4 or amo$nts not
s$'=ect to sche)$le.
92
CALLANTA
Costs include+
a. fees
b. indemnities in the course of &udicial proceedings
%osts 4expenses of the litigation5 are chargeable to the accused in case of conviction.
In case of ac(uittal, the costs are de oficio, each part" bearing is own expense
)o costs allowed against the -epublic of the !hilippines until law provides the contrar"
Art. 9H. Pecuniary liabilities& M ;rder of payment. K In case the propert( of the
offen)er sho$l) not 'e s$fficient for the pa(ment of all his pec$niar( lia'ilities4 the
same shall 'e met in the following or)er:
5. The reparation of the )amage ca$se).
:. In)emnification of conse*$ential )amages.
9. The fine.
?. The cost of the procee)ings.
P#-!*'a%& 'ab''"& as contemplated under -rt. )? includes both civil liabilities
and pecuniary penalties e)cept the civil liability of restitution because this is an
exclusive liability.
C'(' 'ab''"& consists of reparation and indemnification while 0#-!*'a%&
0#*a"& consists of fine imposed by the court.
* It is worth noting, as will further be discussed under -rt. ?>, that the death of the
offender before final judgment extinguishes the pecuniary penalty but not the civil
liability included in his pecuniary liabilities.
pplicable 4in case property of the offender should not be sufficient for the payment of all his
pecuniary liabilities.I 0ence, if the offender has insufficient or no propert", there is no use for
Art 3E.
;rder of payment is mandatory
2xample8 Juan inflicted serious ph"sical in&uries against !edro and took the latterBs watch
and ring. 0e incurred 8;; worth of hospital bills and failed to earn 3;; worth of salar". Fiven
that Juan onl" has 1;;; pesos worth of propert" not exempt from execution, it shall be first
applied to the pa"ment of the watch and ring which cannot be returned as such is covered b"
Hreparation of the damage causedI thus, no. 1 in the order of pa"ment. #he 8;; and 3;; are
covered b" Hindemnification of the conse2uential damageI thus, no. 2 in the order of
pa"ment.
Art. 98. )ubsidiary penalty. K If the con+ict has no propert( with which to
meet the fine mentione) in the paragraph 9 of the ne,t prece)ing article4 he shall
'e s$'=ect to a s$'si)iar( personal lia'ilit( at the rate of one )a( for each eight
pesos4 s$'=ect to the following r$les:
5. If the principal penalt( impose) 'e prision correccional or arresto an)
fine4 he shall remain $n)er confinement $ntil his fine referre) to in the prece)ing
paragraph is satisfie)4 '$t his s$'si)iar( imprisonment shall not e,cee) one;thir)
of the term of the sentence4 an) in no case shall it contin$e for more than one
(ear4 an) no fraction or part of a )a( shall 'e co$nte) against the prisoner.
93
CALLANTA
:. When the principal penalt( impose) 'e onl( a fine4 the s$'si)iar(
imprisonment shall not e,cee) si, months4 if the c$lprit shall ha+e 'een
prosec$te) for a gra+e or less gra+e felon(4 an) shall not e,cee) fifteen )a(s4 if
for a light felon(.
9. When the principal impose) is higher than prision correccional4 no
s$'si)iar( imprisonment shall 'e impose) $pon the c$lprit.
?. If the principal penalt( impose) is not to 'e e,ec$te) '( confinement in a
penal instit$tion4 '$t s$ch penalt( is of fi,e) )$ration4 the con+ict4 )$ring the
perio) of time esta'lishe) in the prece)ing r$les4 shall contin$e to s$ffer the same
)epri+ations as those of which the principal penalt( consists.
@. The s$'si)iar( personal lia'ilit( which the con+ict ma( ha+e s$ffere) '(
reason of his insol+enc( shall not relie+e him4 from the fine in case his financial
circ$mstances sho$l) impro+e. (#s amended by !# >J9>, #pril 42, 2:9:&)
#here is no subsidiar" penalt" for non$pa"ment of reparation, indemnification and costs in
par 1, 2 and 4 of Art 3E. (t is onl" for fines.
Article 3: deals with subsidiar" penalt". There are two situations there8
%&' 'hen there is a principal penalt" of imprisonment or an" other principal penalt" and it carries with
it a fine1 and
%)' 'hen penalt" is onl" a fine.
Therefore, there shall be no subsidiary penalty for the non?payment of damages to the offended party.
Art 3: applies onl" when the convict has no propert" with which to meet the fine in par 3 of
art 3E. #hus, a convict who has propert" enough to meet the fine and not exempted from
execution cannot choose to serve the subsidiar" penalt" instead of the pa"ment of the fine.
* In 0eople v. 2ubido it was held that the convict cannot choose not to serve, or not to pay the fine and
instead serve the subsidiary penalty. A subsidiar" penalt" will onl" be served if the sheriff should return
the execution for the fine on the propert" of the convict and he does not have the properties to satisf" the
writ.
-ubsidiary imprisonment is not an accessory penalty. (t is covered b" Art 4;$48 of this %ode.
Accessor" penalties are deemed imposed even when not mentioned while subsidiar"
imprisonment must be expressl" imposed.

* subsidiary penalty is not an accessory penalty. 3ince it is not an accessor" penalt", it must be
expressly stated in the sentence, but the sentence does not specif" the period of subsidiar" penalt"
because it will onl" be known if the convict cannot pa" the fine. #he sentence will merel" provide that in
case of non$pa"ment of the fine, the convict shall be re2uired to save subsidiar" penalt". (t will then be the
prison authorit" who will compute this. If the judgment is silent, he cannot suffer any subsidiary penalty.
R$les:
0E1A?TC I'0!2E/ ?E1GT3 !6 27B2I/IA*C 0E1A?TC
Prision correccional or arresto and fine )ot exceed 1?3 of term of sentence, in no case
more than 1 "ear fraction or part of a da" not
counted.
.ine only )ot to exceed / months if prosecuted for grave
or less grave felon", not to exceed 18 da"s if
prosecuted for light felon"
@igher than prision correccional )o subsidiar" imprisonment
Bot to be executed by confinement but of
fixed duration
3ame deprivations as those of the principal
penalt" under rules 1, 2 and 3 above
Khen is subsidiary penalty applied
94
CALLANTA
%&' (f the subsidiar" penalt" prescribed for the non$pa"ment of fine which goes with the principal
penalt", the maximum duration of the subsidiary penalty is one year, so there is no subsidiary
penalty that goes beyond one year. =ut this will onl" be true if the one "ear period is higher than
1?3 of the principal penalt", the convict cannot be made to undergo subsidiar" penalt" more than
1?3 of the duration of the principal penalt" and in no case will it be more than 1 "ear $ get 1?3 of the
principal penalt" $ whichever is lower.
%)' If the subsidiary penalty is to be imposed for non payment of fine and the principal penalty
imposed be fine only, which is a single penalt", that means it does not go with another principal
penalt", the most that the convict will be re2uired to undergo subsidiar" imprisonment is six
months, if the felon" committed is grave or less grave, otherwise, if the felon" committed is slight,
the maximum duration of the subsidiar" penalt" is onl" 18 da"s.
* =o not consider the totality of the imprisonment the convict is sentenced to but consider the totality or
the duration of the imprisonment that the convict will be re(uired to serve under the Three?Fold 3ule. (f
the totalit" of the imprisonment under this rule does not exceed six "ears, then, even if the totalit" of all the
sentences without appl"ing the #hree$7old -ule will go be"ond six "ears, the convict shall be re2uired to
undergo subsidiar" penalt" if he could not pa" the fine.
(f financial circumstances improve, convict still to pa" the fine even if he has suffered
subsidiar" personal liabilit".
the penalt" imposed must be !%, AM, Am, suspension, destierro and fine onl". other than
these 4!M, -#, -!5 court cannot impose subsidiar" penalt".
6ven if the penalt" imposed is not higher than !%, if the accused is a habitual delin2uent
who deserves an additional penalt" of 12 "rs and 1 da" of -#, there is no subsidiar"
imprisonment.
* 8ubsidiary imprisonment can be applied to the fine imposed for violation of special
penal laws. This is authoried by -rt. &E)( and by -rt. &5 which makes the +evised
"enal #ode applicable to special laws.
Art. ?I. +eath M Its accessory penalties& K The )eath penalt(4 when it is not
e,ec$te) '( reason of comm$tation or par)on shall carr( with it that of perpet$al
a'sol$te )is*$alification an) that of ci+il inter)iction )$ring thirt( (ears following
the )ate sentence4 $nless s$ch accessor( penalties ha+e 'een e,pressl( remitte)
in the par)on.
Art. ?5. !eclusion perpetua and reclusion temporal& M 'heir accessory penalties&
K The penalties of recl$sion perpet$a an) recl$sion temporal shall carr( with
them that of ci+il inter)iction for life or )$ring the perio) of the sentence as the
case ma( 'e4 an) that of perpet$al a'sol$te )is*$alification which the offen)er
shall s$ffer e+en tho$gh par)one) as to the principal penalt(4 $nless the same
shall ha+e 'een e,pressl( remitte) in the par)on.
Art. ?:. Prision mayor M Its accessory penalties. K The penalt( of prision
ma(or4 shall carr( with it that of temporar( a'sol$te )is*$alification an) that of
perpet$al special )is*$alification from the right of s$ffrage which the offen)er
shall s$ffer altho$gh par)one) as to the principal penalt(4 $nless the same shall
ha+e 'een e,pressl( remitte) in the par)on.
Art. ?9. Prision correccional M Its accessory penalties. K The penalt( of prision
correccional shall carr( with it that of s$spension from p$'lic office4 from the right
to follow a profession or calling4 an) that of perpet$al special )is*$alification from
the right of s$ffrage4 if the )$ration of sai) imprisonment shall e,cee) eighteen
months. The offen)er shall s$ffer the )is*$alification pro+i)e) in the article
95
CALLANTA
altho$gh par)one) as to the principal penalt(4 $nless the same shall ha+e 'een
e,pressl( remitte) in the par)on.
Art. ??. #rresto M Its accessory penalties. K The penalt( of arresto shall carr(
with it that of s$spension of the right too hol) office an) the right of s$ffrage
)$ring the term of the sentence.
#$tline of accessor( penalties inherent in principal penalties
a. death if not executed because of commutation or pardon
1. perpetual absolute dis2ualification
2. civil interdiction during 3; "ears 4if not expressl" remitted in the pardon5
b. *0 and *T
1. civil interdiction for life or during the sentence
2. perpetual absolute dis2ualification 4unless expressl" remitted in the pardon5
c. 0'
1. temporar" absolute dis2ualification
2. perpetual absolute dis2ualification from suffrage 4unless expressl" remitted in the
pardon5
d. 0C
1. suspension from public office, profession or calling
2. perpetual special dis2ualification from suffrage if the duration of the imprisonment
exceeds 1E months 4unless expressl" remitted in the pardon5
#he accessor" penalties in Art 4;$44 must be suffered b" the offender, although pardoned as
to the principal penalties. To be relieved of these penalties, the" must be expressl" remitted
in the pardon.
)o accessor" penalt" for destierro
!ersons who served out the penalt" ma" not have the right to exercise the right of suffrage.
For a prisoner who has been sentenced to one year of imprisonment or more for any crime,
absolute pardon restores to him his political rights. If the penalty is less than one year,
dis2ualification does not attach except if the crime done was against propert".
#he nature of the crime is immaterial when the penalt" imposed is one "ear imprisonment or
more.
#he accessory penalties are understood to be always imposed upon the offender b" the
mere fact that the law fixes a certain penalt" for the crime. 'henever the courts impose a
penalt" which b" provision of law, carries with it other penalties, itBs understood that the
accessor" penalties are also imposed.
the accessory penalties do not affect the jurisdiction of the court in which the information is
filed because the" donBt modif" or alter the nature of the penalt" provided b" law. 0hat
determines jurisdiction in criminal cases is the extent of the principal penalty wKc the law
imposes of the crime charged.
the ,T+ has exclusive jurisdiction over offenses punishable with imprisonment of not
exceeding 4 "ears and 2 months or a fine of not more than 4;;; or both regardless of other
imposable accessor" or other penalties.
Art. ?@. "onfiscation and forfeiture of the proceeds or instruments of the crime& K
"+er( penalt( impose) for the commission of a felon( shall carr( with it the
forfeit$re of the procee)s of the crime an) the instr$ments or tools with which it
was committe).
96
CALLANTA
%$ch procee)s an) instr$ments or tools shall 'e confiscate) an) forfeite) in
fa+or of the Go+ernment4 $nless the( 'e propert( of a thir) person not lia'le for
the offense4 '$t those articles which are not s$'=ect of lawf$l commerce shall 'e
)estro(e).
ever" penalt" imposed carries with it the forfeiture of the proceeds of the crime and the
instruments or tools used in the commission of the crime
proceeds and instruments?tools of the crime are confiscated in favor of the government
3
rd
personsB 4not liable for the offense5 propert" is not sub&ect to confiscation and forfeiture
propert" not sub&ect of lawful commerce 4whether it belongs to accused or 3
rd
person5 shall
be destro"ed.
canBt confiscate?forfeit unless thereBs a criminal case filed and tried, and accused is
ac2uitted.
must indict 3
rd
person to order confiscation of his propert"
instruments of the crime belonging to innocent 3
rd
person ma" be recovered
confiscation can be ordered onl" if the propert" is submitted in evidence or placed at the
disposal of the court
articles which are forfeited $ when the order of forfeiture is alread" final, canBt be returned
even in case of an ac2uittal
confiscation and forfeiture are additional penalties. 'here the penalt" imposed did not
include the confiscation of the goods involved, the confiscation L forfeiture of said goods
would be an additional penalt" and would amount to an increase of the penalt" alread"
imposed, thereb" placing the accused in double &eopard".
when the accused has appealed, confiscation and forfeiture not ordered b" the trial court
ma" be imposed b" the appellate court
the government canBt appeal the modification of a sentence if the defendant did not appeal.
=ut if the defendant appeals, it removes all bars to the review and correction of the penalt"
imposed b" the court below, even if an increase thereof should be the result.
Art. ?D. Penalty to be imposed upon principals in general. K The penalt(
prescri'e) '( law for the commission of a felon( shall 'e impose) $pon the
principals in the commission of s$ch felon(.
Whene+er the law prescri'es a penalt( for a felon( in general terms4 it shall
'e $n)erstoo) as applica'le to the cons$mmate) felon(.
General rule+ #he penalt" prescribed b" law in general terms shall be imposed*
a upon the principals
b for consummated felon"
Exception+ when the law fixes a penalt" for the frustrated or attempted felon".
* 'henever it is believed that the penalt" lower b" one or two degrees corresponding to said
acts of execution is not proportionate to the wrong done, the law fixes a distinct penalt" for the
principal in the frustrated or attempted felon".
The graduation of penalties refers to+
a stages of execution 4consummated, frustrated, attempted5
b degree of the criminal participation of the offender 4principal, accomplice,
accessor"5
97
CALLANTA
the division of a divisible penalt" 4min, med, max5 refers to the proper period of the penalt"
which should be imposed when aggravating or mitigating circumstances attend the
Art. ?G. In what cases the death penalty shall not be imposed3 #utomatic review of
death penalty cases& The )eath penalt( shall 'e impose) in all cases in which it
m$st 'e impose) $n)er e,isting laws4 except when the g$ilt( person is 'elow
eighteen (5H! (ears of age at the time of the commission of the crime or is more
than se+ent( (GI! (ears of age or when $pon appeal or a$tomatic re+iew of the
case '( the %$preme Co$rt4 the re*$ire) ma=orit( +ote is not o'taine) for the
imposition of the )eath penalt(4 in which cases the penalt( shall 'e reclusion
perpetua.
In all cases where the )eath penalt( is impose) '( the trial co$rt4 the
recor)s shall 'e forwar)e) to the %$preme Co$rt for a$tomatic re+iew an)
=$)gment '( the co$rt en banc within twent( (:I! )a(s '$t not earlier than fifteen
(5@! )a(s after prom$lgation of the =$)gment or notice of )enial of an( motion for
new trial or consi)eration. The transcript shall also 'e forwar)e) within ten (5I!
)a(s after the filing thereof '( the stenographic reporter. (#s amended by )ec& 44, !#
?9>:)&
whenever the &udgment of the lower court imposes the death penalt", the case shall be
determined b" 1; &ustices of the court. 0hen &A justices fail to reach a decision 4as to the
propriet" of the imposition of the death penalt"5, the penalty next lower in degree than the
death penalty shall be imposed.
/eath penalty not imposed in the ff cases+
a5 when the person is more than .; "ears old at time -#% sentenced him
b5 when upon appeal or revision of the case b" the 3%, 1; &ustices are not
unanimous in their voting
c5 when the offender is a minor under 1E "rs of age. 'h"@ =ecause minorit" is
alwa"s a mitigating circumstance
d5 while a woman is pregnant and within one "ear after deliver"
<ustification for the death penalty- social defense and exemplarit". )ot considered cruel and
unusual because does not involve torture or lingering death.
Crimes where death penalty is imposed+
a5 treason
b5 certain acts of espionage under %ommonwealth Act /1/
c5 correspondence w? hostile countr" when it contains notice or information and the
intention of the offender is to aid the enem"
d5 2ualified pirac"
e5 certain violations of the Anti$subversion act
f5 parricide
g5 murder
h5 kidnapping and serious illegal detention
i5 robber" w? homicide
&5 rape w? homicide
k5 when death resulted from the commission of arson or other crime involving
destruction
trial court must re(uire the prosecution to present evidence, despite plea of guilty, when the
crime charged is punished by death. A sentence of death is valid onl" if it is susceptible of a
fair and reasonable examination b" the court. #his is impossible if no evidence of guilt was
taken after a plea of guilt".
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CALLANTA
Art. ?H. Penalty for complex crimes. K When a single act constit$tes two or
more gra+e or less gra+e felonies4 or when an offense is a necessar( means for
committing the other4 the penalt( for the most serio$s crime shall 'e impose)4 the
same to 'e applie) in its ma,im$m perio).
'he 4 or more grave or less grave felonies must be the result of a single act, or an offense must be a
necessary means to commit the crime&
Comple, crime one crime onl" as there is onl" one criminal intent onl" one information
need be filed
: 6in)s of comple, crimes:
a5 compound crime single act constitutes 2 or more grave or less grave felonies
*e.uisites+
2) that only one single act is committed by the offender
4) that the single act produces
a) 4 or more grave felonies
b) one or more grave and one or more less grave felonies
c) 4 or more less grave felonies
b5 complex crime proper when an offense is a necessar" means for committing
another
*e.uisites+
2) that at least 4 offenses are committed
4) that one or some of the offenses must be necessary to commit the other
5) that both or all the offenses must be punished under the same statute
1o single act in the following cases+
a5 'hen 2 persons are killed one after the other, b" different acts, although these 2
killings were the result of a single criminal impulse, the different acts must be considered
as distinct crimes.
b5 'hen the acts are wholl" different, not onl" in themselves, but also because the"
are directed against 2 different persons, as when one fires his gun twice in succession,
killing one and in&uring the other.
* 0hen an offender performed more than one act, although similar, if they result in separate crimes, there
is no complex crime at all, instead, the offender shall be prosecuted for as man" crimes as are committed
under separate information.
* 0hen the single act brings about two or more crimes, the offender is punished with onl" one penalt",
although in the maximum period, because he acted onl" with single criminal impulse. if there is only one
criminal impulse which brought about the commission of the crime, the offender should be penali!ed only
once. (n this case it is not the singleness of the act but the singleness of the impulse that has been
considered
?ight felonies produced b" the same act should be treated and punished as separate
offenses or ma" be absorbed b" the grave felon".
2xamples8
a5 several light felonies resulting from one single act not complex
Juan hit !edroBs car, resulting in several light in&uries and light felon" of damage to
propert". )o complex crime because the crime of slight ph"sical in&uries and damage to
propert" are light felonies. #here are as man" crimes as there are persons in&ured w? light
99
CALLANTA
ph"sical in&uries and as man" penalties as there are light felonies committed, even
though the" are produced b" a single act of the offender.
b5 when the crime is committed b" force or violence, slight ph"sical in&uries are absorbed.
Examples of complex crimes+
a5 Juan was a baranga" captain who was killed while discharging his dut", the crime
is a complex crime of homicide wK assault upon a person of authority.
b5 Juan raped !etra, causing her ph"sical in&uries w?c re2uired a monthBs worth of
medical attention. #his is a complex crime of rape wK less serious physical injuries. #he
in&uries were necessar" to the commission of the rape.
when in obedience to an order, several accused simultaneousl" shot man" persons, without
evidence how man" each killed, there is onl" a single offense, there being a single criminal
impulse.
E22#-" o2 -o*s0'%a-& '* "$# -o))'ss'o* o2 a -o)0#9 -%')#. !hen a
conspiracy animates several persons in the attainment of a single purpose, and in
the process, several persons perform various acts in the attainment of said purpose,
their individual acts are treated as a single act. The felonious agreement produces a
sole and solidary liability.
when various acts are executed for the attainment of a single purpose wKc constitutes an
offense, such acts must be considered only as one offense.
2xample8 Juan falsified 1;; warehouse receipts from April to June which enabled him to
swindle the bank of 1;; million. #hereBs onl" one complex crime of estafa through multiple
falsification of documents.
#here is no complex crime of arson w? homicide
rt DB is applicable to crimes through negligence
6xample* Juan lit a cigarette as he poured gas in the tank of his car in his garage. #he gas
caught fire and the house burned. 0is sister died and the maid suffered serious ph"sical
in&uries. #he crimes of arson, homicide, serious ph"sical in&uries and damage to propert"
constitute a complex crime. #here is onl" one penalt" but there are 3 civil liabilities.
* rticle DB also applies in cases when out of a single act of negligence or imprudence, two or more grave
or less grave felonies resulted, although only the first part thereof %compound crime5. #he second part of
Article 4E does not appl", referring to the complex crime proper because this applies or refers onl" to a
deliberate commission of one offense to commit another offense.
)o complex crime when one of the offenses is penali+ed b" a special law
* -rticle 1? is not applicable when the crimes committed are made punishable by
different laws.
* =ala prohibita and mala in se cannot be grouped together to form a complex crime
under -rticle 1?
2xample of complex crime proper 4at least 2 crimes must be committed5*
Qidnapping the victim to murder him in a secluded place ransom wasnBt paid so victim was
killed. Qidnapping was a necessar" means to commit murder. =ut where the victim was
taken from his home for the sole purpose of killing him and not for detaining him illegall" or
for the purpose of ransom, the crime is simple murder.
4Necessary means5 does not mean 4indispensable means5. (ndispensable would mean it is
an element of the crime. #he crime can be committed b" another mean. #he means actuall"
emplo"ed 4another crime5 was merel" to facilitate and insure the consummation of the crime.
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CALLANTA
* 4Necessary5 should not be understood as indispensable, otherwise, it shall be considered absorbed and
not giving rise to a complex crime.
0hen in the definition of a felony, one offense is a means to commit the other, there is no
complex crime.
2x. Murder committed b" means of fire. Murder can be 2ualified b" the circumstance of fire
so no complex crime even if Art 321 and 324 punishes arson. (tBs plain and simple murder.
* There is no disagreement that when a crime is committed because it is necessary
to commit another crime, it is a complex crime and -rticle 1? is made applicable.
Aowever, the crime committed is an element of the other crime, then it is not
considered a separate crime but is absorbed by the other crime.
)ot complex crime when trespass to dwelling is a direct means to commit a grave offense.
>ike rape, there is no complex crime of trespass to dwelling with rape. #respass will be
considered as aggravating 4unlawful entr" or breaking part of a dwelling5
No complex crime when one offense is committed to conceal another
2xample8 Juan set the school on fire after committing homicide. 2 crimes.
'hen the offender had in his possession the funds w?c he misappropriated, the falsification
of a public or official document involving said funds is a separate offense. =ut when the
offender had to falsif" a public or official document to obtain possession of the funds w?c he
misappropriated, the falsification is a necessar" means to commit the malversation.
#here is no complex crime of rebellion with murder, arson, robber" or other common crimes.
#he" are mere ingredients of the crime of rebellion absorbed alread".
* !hen the crime of murder, arson and robbery are committed in the furtherance of
the crime of rebellion, it is not a complex crime of rebellion with murder, arson and
robbery. The crime committed is simple rebellion. The crimes of murder, arson and
robbery are treated as elements of rebellion. Hote however, that in order that said
crimes may be absorbed, it is necessary that the same were done in furtherance of
the crime of rebellion. (Pp vs& 7eronimo)
0hen ) crimes produced by a single act are respectively within the exclusive jurisdiction of )
courts of different jurisdiction, the court of higher jurisdiction shall try the complex crime.
2xample8 Although the forcible abduction which was supposedl" commenced in Manila was
not proven, and although the rape which was proven was actuall" committed in %avite, still
the -#% of Manila had &urisdiction to convict the accused of rape. #he complex crime of
forcible abduction with rape was charged in the complaint on the basis of which the case was
tried.
* In criminal procedure, it is prohibited to charge more than one offense in an information, except when
the crimes in one information constitute a complex crime or a special complex crime.
* 3o whenever the 3upreme %ourt concludes that the criminal should be punished onl" once, because
the" acted in conspirac" or under the same criminal impulse, it is necessar" to embod" these crimes
under one single information. (t is necessar" to consider them as complex crimes even if the essence of
the crime does not fit the definition of Art 4E, because there is no other provision in the -!%.
Art. 4E is intended to favor the culprit.
The penalty for complex crime is the penalty for the most serious crime, the same to be
applied in its maximum period. (f the different crimes resulting from one single act are
punished with the same penalt", the penalt" for an" one of them shall be imposed, the same
to be applied in the maximum period. #he same rule shall be observed when an offense is a
necessar" means to commit the other.
* If by complexing the crime, the penalty would turn out to be higher, do not complex anymore.
2xample8 Murder and theft 4killed with treacher", then stole the right5.
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CALLANTA
"enalty8 If complex 1 -eclusion temporal maximum to death.
If treated individually 1 -eclusion temporal to -eclusion !erpetua.
* +omplex crime is not just a matter of penalty, but of substance under the 3evised "enal +ode.
complex crime of the second form may be committed by two persons.
$ut when one of the offenses, as a means to commit the other, was committed by one of the
accused by rec#less imprudence, the accused who committed the crime by rec#less
imprudence is liable for his acts only.
2xample8 Juan cooperated in the commission of the complex offense of estafa through
falsification b" reckless imprudence b" acts without which it could not have been
accomplished, and this being a fact, there would be no reason to exculpate him from liabilit".
6ven assuming he had no intention to defraud #omas if his co$defendants succeeded in
attaining the purpose sought b" the culprits, JuanBs participation together w? the participation
of his co$defendants in the commission of the offense completed all the elements necessar"
for the perpetration of the complex crime of estafa through falsification of documents.
'hen two felonies constituting a complex crime are punishable b" imprisonment and fine,
respectivel", onl" the penalt" of imprisonment shall be imposed.
'hen a single act constitutes two grave or less grave or one grave and another less grave,
and the penalt" for one is imprisonment while that for the other is fine, the severit" of the
penalt" for the more serious crime should not be &udged b" the classification of each of the
penalties involved, but b" the nature of the penalties.
2xample8 6ven if the fine for damage to propert" through reckless imprudence is !4;,;;;,
an afflictive penalt", and the penalt" for the ph"sical in&uries resulting from the same act is
onl" 4 mos of arresto ma"or, a correccional penalt" ma" be imposed.
(n the order of severit" of the penalties, arresto ma"or and arresto menor are considered
more severe than destierro and arresto menor is higher in degree than destierro.
7ine is not included in the list of penalties in the order of severit" and it is the last in the
order.
rt DB applies only to cases where the +ode doesn7t provide a specific penalty for a complex
crime.
rt DB doesn7t apply when the law provides one single penalty for single complex crimes li#e
the ff8 ,composite crimes-
a5 robber" w? homicide
b5 robber" w? rape
c5 kidnapping w? serious ph"sical in&uries
d5 rape w? homicide
* composite crime is one in which substance is made up of more than one crime, but which in the
eyes of the law is only a single indivisible offense. This is also #nown as special complex crime.
'hen a complex crime is charged and one offense is not proven, the accused can be
convicted of the other.
L3RALIT. #2 CRIM"% consists in the successive execution b" the same individual of
different criminal acts upon an" of w?c no conviction has "et been declared.
Einds of plurality of crimes+
a5 formal or ideal onl" one criminal liabilit"
b5 real or material there are different crimes in law as well as in the conscience of
the offender, in such cases, the offender shall be punished for each and ever" offense
that he committed.
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CALLANTA
6xample* Juan stabbed !edro, then Juan stabbed #omas too. #here are 2 committed as 2
acts were performed.
* !hen the plurality of crimes is covered by a specific provision of law and declares
that such aggrupation is but a single crime and provides a specific penalty for its
commission, -rt. 1? should not be made to apply. !hen there is no law that covers
the combination of the crimes committed, then -rt. 1? will apply.
L3RALIT. #2 CRIM"% R"CI0I&I%M
)o conviction of the crimes committed #here must be conviction b" final &udgment of
the first prior offense
6ormalFideal plural crimes are divided into & groups* %a person committing multiple
crimes is punished wK one penalty in the ff cases'
a5 when the offender commits an" of the complex crimes defined in art 4E
b5 when the law specificall" fixes a single penalt" for 2 or more offenses committed*
robber" w? homicide, kidnapping w? serious ph"sical in&uires
c5 when the offender commits continued crimes
C#NTIN3"0 CRIM"% refers to a single crime consisting of a series of acts but all arising
from one criminal resolution. Although there is a series of acts, there is onl" one crime
committed, so onl" one penalt" shall be imposed.
;continued crime= is one where the offender performs a series of acts violating one and the same
penal provision committed at the same place and about the same time for the same criminal purpose,
regardless of a series of acts done, it is regarded in law as one.
* !hen the actor, there being unity of purpose and of right violated, commits
diverse acts, each of which, although of a delictual character, merely constitutes a
partial delict, such occurrence of delictual acts is called ;,#'-"o -o*"'*!a,o<.<
(7amboa vs& "ourt of #ppeals, 9F )"!# 52J)
Examples of continued crimes+
a5 a collector of a commercial firm misappropriates for his personal use several
amounts collected b" him from different persons. #here is onl" one crime because the
different and successive appropriations are but the different moments during which one
criminal resolution arises.
b5 Juan stole 2 books belonging to 2 different persons. 0e commits onl" one crime
because there is unit" of thought in the criminal purpose of the offender.
continued crime is not a complex crime as offender does not perform a single act but a
series of acts. Therefore*
a5 penalt" not to be imposed in the maximum
b5 no actual provision punishing a continued crime itBs a principle applied in
connection w? 2 or more crimes committed w? a single intention.
+ontinued crime is different from a transitory crime. Transitory crime is Hmoving crimeI.
6xample* kidnapping someone for ransom and moving him to another venue. #he offenders
can be prosecuted and tried in either of the 2 areas.
R"ALJMAT"RIAL L3RALIT. C#NTIN3"0 CRIM"
#here is a series of acts performed b" the
offender
3ame
6ach act performed constitutes a separate
crime because each act is generated b" a
criminal impulse
9ifferent acts constitute onl" one crime
because all of the acts performed arise from
one criminal resolution.
* In the theft cases, the trend is to follow the single larceny doctrine, that is taking of several things,
whether belonging to the same or different owners, at the same time and place, constitutes one larcen"
onl".
3efa!ation #ases
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CALLANTA
- libelous publication affecting more than one person constitutes as many
crimes as there are offended parties. The crime is not complex even though there
was only one act of publication.
!here the defamatory statement was uttered only once on a single occasion
against a group of persons not mentioned individually, the act constitutes only one
offense.
Art. ?8. Penalty to be imposed upon the principals when the crime committed is
different from that intended& K In cases in which the felon( committe) is )ifferent
from that which the offen)er inten)e) to commit4 the following r$les shall 'e
o'ser+e):
5. If the penalt( prescri'e) for the felon( committe) 'e higher than that
correspon)ing to the offense which the acc$se) inten)e) to commit4 the penalt(
correspon)ing to the latter shall 'e impose) in its ma,im$m perio).
:. If the penalt( prescri'e) for the felon( committe) 'e lower than that
correspon)ing to the one which the acc$se) inten)e) to commit4 the penalt( for
the former shall 'e impose) in its ma,im$m perio).
9. The r$le esta'lishe) '( the ne,t prece)ing paragraph shall not 'e
applica'le if the acts committe) '( the g$ilt( person shall also constit$te an
attempt or fr$stration of another crime4 if the law prescri'es a higher penalt( for
either of the latter offenses4 in which case the penalt( pro+i)e) for the attempte)
or the fr$strate) crime shall 'e impose) in its ma,im$m perio).
Art 4: has reference to the provision in the 1
st
par of Art 4 which provides that criminal liabilit"
shall be incurred Hb" an" person committing a felon" although the wrongful act done be
different from that which he intendedI
rt DC applicable only in cases when there is a mista#e in identity of the victim of the crime
and the penalty for the crime committed is different from that for the crime intended to be
committed.
Art 4: also has no application where a more serious conse2uence not intended b" the
offender befalls the same person.
2xample8 Juan onl" wanted to inflict a wound upon !edro but because he lost control of his
right arm, he killed !edro. Art 4: not applicable.
ART ?8 ART ?H
>esser penalt" to be imposed in its maximum
pd
!enalt" for the more serious crime shall be
imposed in its maximum pd
1otes+
* Art. 4: has reference to Art. 4415. (t applies onl" when there is error in personae.
* (n Art. 4: 4!aragraphs 1 and 25 the lower penalt" in its maximum period is alwa"s imposed.
* (n !ar. 3 the penalt" for the attempted or frustrated crime shall be imposed in its maximum
period. #his rule is not necessar" and ma" well be covered b" Art. 4E, in view of the fact that the
same act also constitutes an attempt or a frustration of another crime.
Art. @I. Penalty to be imposed upon principals of a frustrated crime& K
The penalt( ne,t lower in )egree than that prescri'e) '( law for the cons$mmate)
felon( shall 'e impose) $pon the principal in a fr$strate) felon(.
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CALLANTA
Art. @5. Penalty to be imposed upon principals of attempted crimes. K A penalt(
lower '( two )egrees than that prescri'e) '( law for the cons$mmate) felon(
shall 'e impose) $pon the principals in an attempt to commit a felon(.
Art. @:. Penalty to be imposed upon accomplices in consummated crime&
K The penalt( ne,t lower in )egree than that prescri'e) '( law for the
cons$mmate) crime shall 'e impose) $pon the accomplices in the commission of
a cons$mmate) felon(.
Art. @9. Penalty to be imposed upon accessories to the commission of a
consummated felony& K The penalt( lower '( two )egrees than that prescri'e) '(
law for the cons$mmate) felon( shall 'e impose) $pon the accessories to the
commission of a cons$mmate) felon(.
Art. @?. Penalty to be imposed upon accomplices in a frustrated crime. K
The penalt( ne,t lower in )egree than prescri'e) '( law for the fr$strate) felon(
shall 'e impose) $pon the accomplices in the commission of a fr$strate) felon(.
Art. @@. Penalty to be imposed upon accessories of a frustrated crime& K
The penalt( lower '( two )egrees than that prescri'e) '( law for the fr$strate)
felon( shall 'e impose) $pon the accessories to the commission of a fr$strate)
felon(.
Art. @D. Penalty to be imposed upon accomplices in an attempted crime& K
The penalt( ne,t lower in )egree than that prescri'e) '( law for an attempt to
commit a felon( shall 'e impose) $pon the accomplices in an attempt to commit
the felon(.
Art. @G. Penalty to be imposed upon accessories of an attempted crime& K
The penalt( lower '( two )egrees than that prescri'e) '( law for the attempte)
felon( shall 'e impose) $pon the accessories to the attempt to commit a felon(.
Application of Article @I to @G
0articipation "onsummated .rustrated #ttempted
Principal !enalt" imposed b" law
1 less 2 less
#ccomplice
1 less 2 less 3 less
#ccessory
2 less 3 less 4 less
rt GA?GE not applicable when the law specifically prescribes the penalty for the frustrated
and attempted felony or that to be imposed upon the accomplices and accessories.
1otes+
/egree one whole penalt", one entire penalt" or one unit of the penalties enumerated in
the graduated scales provided for in Art .1
0eriod one of 3 e2ual portions, min?med?max of a divisible penalt". A period of a divisible
penalt" when prescribed b" the %ode as a penalt" for a felon", is in itself a degree.
=istinctions between =egree and "eriod
0"GR"" "RI#0
-efers to the penalt" imposable for a felon"
committed considering the stages of execution
and the degree of participation of the offender
-efers to the duration of the penalt" consisting
of the maximum, medium, and minimum, after
considering the presence or absence of
aggravating ? mitigating circumstances
Ma" refer to both divisible and indivisible
penalties
-efers onl" to divisible penalties
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CALLANTA
#he rules provided in Arts. 83, 88 and 8. do not appl" if the felon" is light because
accessories are not liable for the same
Bases for imposition of the penalty under the *0C
a. 3tage of the commission of the crime
1. !articipation of the persons liable
2. !resence of aggravating or mitigating circumstances
* In making any reduction by one or more degrees, the basis used in the penalty
already prescribed, not as already reduced.
Art. @H. #dditional penalty to be imposed upon certain accessories. K
Those accessories falling within the terms of paragraphs 9 of Article 58 of this
Co)e who sho$l) act with a'$se of their p$'lic f$nctions4 shall s$ffer the
a))itional penalt( of a'sol$te perpet$al )is*$alification if the principal offen)er
shall 'e g$ilt( of a gra+e felon(4 an) that of a'sol$te temporar( )is*$alification if
he shall 'e g$ilt( of a less gra+e felon(.
Art.8E is limited onl" to grave and less grave felonies since it is not possible to have
accessories liable for light felonies. (t is further limited to those whose participation in the
crime is characteri+ed b" the misuse of public office or authorit".
6xample* a5 A ma"or aided in friend, a wanted criminal, in escaping
b5 A senator gives protection to his &ueteng lord friend
Additional 0enalties for 0ublic !fficers who are accessories
1. Absolute perpetual dis2ualification, if the principal offender is guilt" of a grave
felon".
2. Absolute temporar" dis2ualification if the principal offender is guilt" of less grave
felon"
Art. @8. Penalty to be imposed in case of failure to commit the crime because the
means employed or the aims sought are impossible. K When the person inten)ing to
commit an offense has alrea)( performe) the acts for the e,ec$tion of the same
'$t ne+ertheless the crime was not pro)$ce) '( reason of the fact that the act
inten)e) was '( its nat$re one of impossi'le accomplishment or 'eca$se the
means emplo(e) '( s$ch person are essentiall( ina)e*$ate to pro)$ce the res$lt
)esire) '( him4 the co$rt4 ha+ing in min) the social )anger an) the )egree of
criminalit( shown '( the offen)er4 shall impose $pon him the penalt( of arresto
ma(or or a fine from :II to @II pesos.
Basis for the imposition of proper penalty in impossible crimes+ social danger and
degree of criminalit" shown b" the offender.
2xample8 Juan fired a revolver at !edro at the distance of 2 kilometers. #his shows stupidit"
rather than danger. Juan should not be punished as there is no social danger nor degree of
criminalit".
=ut if Juan was a convicted felon, act ma" be punished.
Article limited to those cases of grave and less grave felonies.
Art. DI. 6xception to the rules established in #rticles >G to >?& K The pro+isions
containe) in Articles @I to @G4 incl$si+e4 of this Co)e shall not 'e applica'le to
cases in which the law e,pressl( prescri'es the penalt( pro+i)e) for a fr$strate)
or attempte) felon(4 or to 'e impose) $pon accomplices or accessories.
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CALLANTA
" cases wherein the accomplice is punished wF the same penalty imposed upon the
principal
a5 ascendants, guardians, curators, teachers and an" person who b" abuse of
authorit" or confidential relationship shall cooperate as accomplices in the crimes of rape,
acts of lasciviousness, seduction, corruption of minors, white slave trade or abduction.
b5 one who furnished the place for the perpetration of the crime of slight illegal
detention.
Accessory punished as principal+ Art 142 punishes an accessor" for knowingl"
concealed certain evil practices.
Cases when instead of a penalty " degrees lower one degree for accessory+
a5 knowingl" using counterfeited seal or forged signature or stamp of the !resident
b5 illegal possession and use of false treasur" or bank note
c5 using a falsified document
d5 using a falsified dispatch
Art. D5. !ules for graduating penalties& K 2or the p$rpose of gra)$ating the
penalties which4 accor)ing to the pro+isions of Articles @I to @G4 incl$si+e4 of this
Co)e4 are to 'e impose) $pon persons g$ilt( as principals of an( fr$strate) or
attempte) felon(4 or as accomplices or accessories4 the following r$les shall 'e
o'ser+e):
5. When the penalt( prescri'e) for the felon( is single an) in)i+isi'le4 the
penalt( ne,t lower in )egrees shall 'e that imme)iatel( following that in)i+isi'le
penalt( in the respecti+e gra)$ate) scale prescri'e) in Article G5 of this Co)e.
:. When the penalt( prescri'e) for the crime is compose) of two in)i+isi'le
penalties4 or of one or more )i+isi'le penalties to 'e impose to their f$ll e,tent4 the
penalt( ne,t lower in )egree shall 'e that imme)iatel( following the lesser of the
penalties prescri'e) in the respecti+e gra)$ate) scale.
9. When the penalt( prescri'e) for the crime is compose) of one or two
in)i+isi'le penalties an) the ma,im$m perio) of another )i+isi'le penalt(4 the
penalt( ne,t lower in )egree shall 'e compose) of the me)i$m an) minim$m
perio)s of the proper )i+isi'le penalt( an) the ma,im$m perio)s of the proper
)i+isi'le penalt( an) the ma,im$m perio) of that imme)iatel( following in sai)
respecti+e gra)$ate) scale.
?. When the penalt( prescri'e) for the crime is compose) of se+eral perio)s4
correspon)ing to )ifferent )i+isi'le penalties4 the penalt( ne,t lower in )egree
shall 'e compose) of the perio) imme)iatel( following the minim$m prescri'e)
an) of the two ne,t following4 which shall 'e ta6en from the penalt( prescri'e)4 if
possi'le> otherwise from the penalt( imme)iatel( following in the a'o+e
mentione) respecti+e gra)$ate) scale.
@. When the law prescri'es a penalt( for a crime in some manner not
especiall( pro+i)e) for in the fo$r prece)ing r$les4 the co$rts4 procee)ing '(
analog(4 shall impose correspon)ing penalties $pon those g$ilt( as principals of
the fr$strate) felon(4 or of attempt to commit the same4 an) $pon accomplices
an) accessories.
The rules provided in this rt should also apply in determining the minimum of the
Indeterminate -entence :aw %I-:'. It also applies in lowering the penalty by one or two
107
CALLANTA
degrees by reason of the presence of the privileged mitigating circumstance or when the
penalty is divisible and there are two or more mitigating circumstances.
Gra)$ate) %cale in Art G5
Indivisible 0enalties+
a5 9eath
b5 -eclusion !erpetua
/ivisible 0enalties+
a5 -eclusion #emporal
b5 !rision Ma"or
c5 !rision %orreccional
d5 Arresto Ma"or
e5 9estierro
f5 Arresto Menor
g5 !ublic %ensure
h5 7ine
*ule 1o. $+
0hen the penalty is single and indivisible 4ex. -!5, the penalt" next lower shall be reclusion
temporal.
*ule 1o. "+
a5 when the penalty is composed of two indivisible penalties
6x. penalt" for parricide is reclusion perpetua to death, the next lower penalt" is reclusion
temporal
b5 when the penalty is composed of one or more divisible penalties to be imposed to their full
extent
2x. &' one divisible penalty is reclusion temporal. #he penalt" immediatel" following -#
is prision ma"or.
25 ) divisible penalties are prision correccional to prision ma"or. #he penalt" immediatel"
preceding the lesser of the penalties of prision correccional to prision ma"or is arresto
ma"or.
*ule 1o. &+
0hen the penalty is composed of ) indivisible penalties and the maximum period of a
divisible penalty or when composed of one divisible penalty the maximum of one divisible
penalty
2x. penalt" for murder is reclusion temporal4max5 to death. #he point of reference will be
on the proper divisible penalt" which is reclusion temporal. Ander the 3
rd
rule, the penalt"
next lower to reclusion temporal is composed of the medium and minimum periods of
reclusion temporal and the maximum of prision ma"or.
*ule 1o.A+
0hen the penalty is composed of several periods
2x. the HseveralI periods contemplated in this rule correspond to different divisible
penalties. A penalt" of prision ma"or in its medium period to reclusion temporal in its
minimum period is an example of such. #he penalt" immediatel" following the minimum
of the entire sentence, which is prision ma"or medium, is prision ma"or in its minimum
and the 2 periods next following, which are prision correccional max and medium.
*ule 1o.5+
0hen the penalty has only ) periods
6x. Abduction punishable b" prision correccional in its medium and minimum. #he next
penalt" following is formed b" 2 periods to be taken from the same penalt" if possible or
from the periods of the penalt" numericall" following the lesser of the penalties
prescribed. #he penalt" next following prision correccional in its med and min shall be
arresto ma"or in its med and max.
,itigating and ggravating circumstances are first disregarded in the application of the rules
for graduating penalties. (t is onl" after the penalt" next lower in degree is alread"
determined that the mitigating and aggravating circumstances should be considered.
108
CALLANTA
Art. D:. 6ffect of the attendance of mitigating or aggravating circumstances and
of habitual delinquency. K Mitigating or aggra+ating circ$mstances an) ha'it$al
)elin*$enc( shall 'e ta6en into acco$nt for the p$rpose of )iminishing or
increasing the penalt( in conformit( with the following r$les:
5. Aggra+ating circ$mstances which in themsel+es constit$te a crime
speciall( p$nisha'le '( law or which are incl$)e) '( the law in )efining a crime
an) prescri'ing the penalt( therefor shall not 'e ta6en into acco$nt for the
p$rpose of increasing the penalt(.
5.(a! When in the commission of the crime4 a)+antage was ta6en '( the offen)er
of his p$'lic position4 the penalt( to 'e impose) shall 'e in its ma,im$m
regar)less of mitigating circ$mstances.
The ma,im$m penalt( shall 'e impose) if the offense was committe) '( an(
person who 'elongs to an organi<e) J s(n)icate) crime gro$p.
An organi,ed = syndicated crime group means a gro$p of two or more persons
colla'orating4 confe)erating4 or m$t$all( helping one another for p$rposes of gain
in the commission of an( crime.
:. The same r$le shall appl( with respect to an( aggra+ating circ$mstance
inherent in the crime to s$ch a )egree that it m$st of necessit( accompan( the
commission thereof.
9. Aggra+ating or mitigating circ$mstances which arise from the moral
attri'$tes of the offen)er4 or from his pri+ate relations with the offen)e) part(4 or
from an( other personal ca$se4 shall onl( ser+e to aggra+ate or mitigate the
lia'ilit( of the principals4 accomplices an) accessories as to whom s$ch
circ$mstances are atten)ant.
?. The circ$mstances which consist in the material e,ec$tion of the act4 or in
the means emplo(e) to accomplish it4 shall ser+e to aggra+ate or mitigate the
lia'ilit( of those persons onl( who ha) 6nowle)ge of them at the time of the
e,ec$tion of the act or their cooperation therein.
@. @abitual delinquency shall have the following effects&
(a! 3pon a thir) con+iction4 the c$lprit shall 'e sentence) to the penalt(
pro+i)e) '( law for the last crime of which he 'e fo$n) g$ilt( an) to the a))itional
penalt( of prision correccional in its me)i$m an) ma,im$m perio)s>
('! 3pon a fo$rth con+iction4 the c$lprit shall 'e sentence) to the penalt(
pro+i)e) for the last crime of which he 'e fo$n) g$ilt( an) to the a))itional
penalt( of prision ma(or in its minim$m an) me)i$m perio)s> an)
(c! 3pon a fifth or a))itional con+iction4 the c$lprit shall 'e sentence) to the
penalt( pro+i)e) for the last crime of which he 'e fo$n) g$ilt( an) to the
a))itional penalt( of prision ma(or in its ma,im$m perio) to recl$sion temporal
in its minim$m perio).
Notwithstan)ing the pro+isions of this article4 the total of the two penalties to 'e
impose) $pon the offen)er4 in conformit( herewith4 shall in no case e,cee) 9I
(ears.
2or the p$rpose of this article4 a person shall be deemed to be habitual delinquent, if
within a perio) of ten (ears from the )ate of his release or last con+iction of the
crimes of serio$s or less serio$s ph(sical in=$ries4 ro'o4 h$rto4 estafa or
109
CALLANTA
falsification4 he is fo$n) g$ilt( of an( of sai) crimes a thir) time or oftener. (#s
amended by )ection 45 of !&#& no& ?9>:)
0ar $+ ggravating circumstances are not to be ta#en into account when8
a5 the" themselves constitute a crime
6x. b" Hmeans of fireI arson
b5 the" are included b" law in the definition of a crime
E9a)0#6 the aggravating circumstances of trespass or ;escalamiento< is in itself a
crime *-rt. (?5%. The breaking of a roof, floor or window may constitute malicious
mischief. The burning of anything of value may constitute arson. These aggravating
circumstances, if considered as felonies, do not increase the penalty.
* -mong the aggravating circumstances included in the definition of a crime are
taking advantage of public position in estafa under -rt. (&1, abuse of confidence in
,ualified theft *-rt. )&5%' the circumstances which ,ualify homicide in murder *-rt.
(1?%' and the use of artifice involving great waste and ruin in the crimes punished in
-rts. )(1 and ))5.
0ar "+ 3ame rules applies when the aggravating circumstance is inherent in the crime
E9a)0#6 +elationship is inherent in the crimes of parricide and infanticide' abuse
of confidence is inherent in malversation, ,ualified theft, seduction and estafa' sex is
inherent in crimes against chastity' taking advantage of public position, in crimes
committed by public officers' premeditation is inherent in robbery, theft, estafa and
similar offenses. Hocturnity, abuse of superiority and craft are absorbed by
treachery and are therefore inherent in murder ,ualified by treachery.
"remeditation, abuse of superiority and treachery are inherent in treason.
0ar &. ggravating or mitigating circumstances arising from any of the ff affect only those to
whom such circumstances are attendant8
a5 from the moral attributes of the offender
b5 from his private relations w? the offended part"
c5 from an" other personal cause
E9a)0#6 3our malefactors commit homicide. One of them is under &?.
-nother is drunk. The third is a recidivist, and the fourth is neither under age, nor
drunk, nor a recidivist. The first has in his favor the mitigating circumstances of
minority which does not affect his co-defendants. The second has a different
circumstances in his favor, drun(enness, which does not extend to the other
participants in the crime. The third has an aggravating circumstance which affects
him only. The fourth shall suffer the penalty corresponding to him without taking into
consideration the aggravating circumstances affecting one or the extenuating
circumstances affecting the others.
* +ule ) is illustrated in the crime of parricide wherein a stranger had participated.
Ae is guilty of homicide or murder and not parricide. In the same manner, the
stranger who participated in the commission of ,ualified theft involving abuse of
confidence and who had no confidential relationship with the victim is only guilty of
simple theft. 2ut the rule is different in malversation. - private individual
coordinating with the accountable public officer in committing malversation is a co-
principal in the crime.
* In homicide, relationship aggravates the liability of the relative, who is a co-
principal, but not of the other principals who are not related to the victim. 9ack of
instruction is mitigating as to the principal, who is actually illiterate, but not with
respect to the other principals who have educational attainment.
* Aowever, in adultery, the privileged mitigating circumstance of abandonment
would benefit both offenders, even if it was only the offending wife who was
abandoned.* Pp vs& #velino %
110
CALLANTA
0ar A+ the circumstances wKc consist of the ff shall serve to aggravate and mitigate the
liability only of those who had #nowledge of them at the time of the commission of the
offense
a5 material execution of the act
b5 means emplo"ed to accomplish the crime
* 7roiard says that the circumstances attending the commission of a crime either
relate to the persons participating in the same or to its material e)ecution, or to the
means employed. The former do not affect all the participants in the crime, but only
to those whom, they particularly apply' the latter have direct bearing upon the
criminal liability of all defendants who had knowledge thereof at the time of the
commission of the crime, or of their cooperation therein.
E9a)0#6 - and 2 killed #. In the execution of the act of killing, - disguised
himself in peace officer which was not made known to 2. The aggravating
circumstance of disguising as a peace officer shall be appreciated only against -,
who employed the same in the killing of #. It is only logical that - should be made to
suffer a more serious penalty, as the idea is to affect only those who have
knowledge of it at the time of the execution of the act.
* In the crime of murder, - hired 2 to kill #, to prevent the latter from being a
candidate for mayor in the =ay &&, &>>? elections. In the actual killing of #,
deliberately augmented the suffering of # chopping him into pieces and scattering
his remains in several places. The aggravating circumstances of cruelty and
outraging or scoffing at the person or corpse of # should be appreciated only against
2.
E9a)0#6 -, 2 and # agreed to kill F so armed with guns, they proceeded to
the house of the latter whereupon - told 2 and # that he would stay in the yard to
prevent any relative of F from helping the victim. !hen 2 and # entered the room of
F, and saw him sleeping, it was # who shot him. The treachery that attended the
commission of the crime shall also affect 2 and not only # who treacherously killed F
in his sleep because 2 had knowledge of the treacherous act being present actually
during the shooting. -:s liability is not aggravated by treachery as he had no
knowledge of it, being in the yard.
Cases where the attending aggravating or mitigating circumstances are not
considered in the imposition of penalties.
!enalt" that is single and indivisible
7elonies through negligence
!enalt" is a fine
!enalt" is prescribed b" a special law
0ar 5+ -A1IT3AL 0"LINE3"NT is a person who within the period of &A years from the
date of his %last' release or last conviction of the crimes of8
a5 serious or less serious ph"sical in&uries
b5 robber"
c5 theft
d5 estafa
e5 falsification
is found guilty of any of the said crimes a third time or oftener.
#en "ear period to be computed from the time of last release or conviction
3ubse2uent crime must be committed after conviction of the former crime. %ases still
pending are not to be taken into consideration.
-A1IT3AL 0"LINE3"NC. R"CI0I&I%M
%rimes to be committed are specified 3ame title
'? in 1; "ears )o time fixed b" law
111
CALLANTA
Must be found guilt" 3
rd
time or oftener 3econd conviction
Additional penalt" is imposed (s not offset b" M%, increases penalt" to
maximum
* Aabitual delin,uency is not a crime. It is a circumstance that will authorie the
court to add an additional penalty for the present crime committed. It is only a factor
in determining the total penalty to be imposed upon the offender.
* Aabitual delin,uency imposes an additional penalty, however, if the same is
imposed after the court has ac,uired jurisdiction over the crime, and the total
penalty would exceed the jurisdictional limit of the court, such situation will not
divest the court of its jurisdiction over the crime. (Pp vs& *lanco, F9 Phil& 4:9)
* In order that habitual delin,uency may be appreciated against the accused, it must
be alleged and detailed in the information or complaint. The dates of the commission
of the previous crimes' the last conviction of release must be contained or written in
the information.
* 0nder -rticle ((, when one is a habitual delin,uent and he commits felony or
offense, any future punitive law that may favor him in relation to the punishment
imposed on him, will not be given a retroactive effect insofar as said offender is
concerned.
* Ae is not also entitled to the application of the Indeterminate 8entence 9aw.
E9a)0#6
#+I=$8 #O==ITT$C C-T$ O3 #OHII#TIOH C-T$ O3 +$9$-8$
8erious "hysical Injury January, &>45 January, &>E)
Theft 3ebruary, &>4? 3ebruary, &>E@
+obbery =arch, &>?5
In the example mentioned above, as regards the conviction for theft in
3ebruary, &>4? the starting point for the computation of the ten-year period is the
date of conviction for serious physical injuries in January, &>45 because that is the
last conviction with respect to the second conviction for theft in 3ebruary, &>4?. The
date of release is not considered anymore because the conviction for theft took
place within ten years from the last conviction for serious physical injuries. !e
ignore the date of release because it came after the conviction.
!ith respect to the third conviction for robbery in =arch &>?5, the ten-year
period is to be computed not from the date of last conviction for theft in 3ebruary,
&>4? because that would be beyond the period provided by law, but from the date of
release of the accused in 3ebruary, &>E@, as the law provides for the computation of
the ten-year period in the alternative, either from the last conviction or release.
-pparently, in the example given, the last or third conviction is more than ten years
from &>4?, but within ten years from release. The period of ten years is therefore
satisfied. The offender in the example given is a habitual delin,uent.
R$lings on -a'it$al 0elin*$enc(:
a5 the law on habitual delin2uenc" does not contemplate the exclusion from the
computation of prior conviction those falling outside the 1; "r period immediatel"
preceding the crime for w?c the defendant is being tried
b5 ten "r period is counted not from the date of commission of the subse2uent
offense but to the date of conviction thereof in relation to the date of his last release or
last conviction
c5 when an offender has committed several crimes mentioned in the definition of
habitual delin2uent, without being first convicted of an" of them before committing the
others, he is not a habitual delin2uent
112
CALLANTA
d5 convictions on the same da" or at about the same time are considered as one
onl" 4da"s, weeks..5
e5 crimes committed on the same date, although convictions on different dates are
considered as one
f5 previous convictions are considered ever" time a new offense is committed
g5 commissions of those crimes need not be consummated
h5 habitual delin2uenc" applies to accomplice and accessories as long it is in the
crimes specified
i5 a crime committed in the minorit" of the offender is not counted
&5 imposition of additional penalt" is mandator" and constitutional
k5 modif"ing circumstances applicable to additional penalt"
l5 habitual delin2uenc" is not a crime, it is simpl" a fact or circumstance which if
present gives rise to the imposition of additional penalt"
m5 penalt" for habitual delin2uenc" is a real penalt" that determines &urisdiction
n5 in imposing the additional penalt", recidivism is not aggravating. #he additional
penalt" must be imposed in its minimum
o5 an offender can be a habitual delin2uent w?o being a recidivist
1otes+
In no case shall be the total penalties imposed upon the offender exceed FA years
#he law does not appl" to crimes described in Art. 1884alarms and scandals5
#he imposition of the additional penalties on habitual delin2uents are constitutional, it is
simpl" a punishment on future crimes on account of the criminal propensities of the accused.
Habitual delin(uency applies at any stage of the execution because sub&ectivel", the offender
reveals the same degree of depravit" or perversit" as the one who commits a consummated
crime.
Habitual delin(uency applies to all participants because it reveals persistence in them of the
inclination to wrongdoing and of the perversit" of character that led them to commit the
previous crime.
No"#6 There is no habitual delin,uency in offenses punished by special laws.
#ourts cannot also take judicial notice of the previous convictions of the accused.
3acts of previous convictions must be established during the trial of the accused.
Art. D9. !ules for the application of indivisible penalties. K In all cases in which
the law prescri'es a single indivisible penalty4 it shall 'e applie) '( the co$rts
regar)less of an( mitigating or aggra+ating circ$mstances that ma( ha+e atten)e)
the commission of the )ee).
In all cases in which the law prescri'es a penalt( compose) of two indivisible
penalties4 the following r$les shall 'e o'ser+e) in the application thereof:
5. When in the commission of the )ee) there is present onl( one aggra+ating
circ$mstance4 the greater penalt( shall 'e applie).
113
CALLANTA
:. When there are neither mitigating nor aggra+ating circ$mstances in the
commission of the )ee)4 the lesser penalt( shall 'e applie).
9. When the commission of the act is atten)e) '( some mitigating
circ$mstances an) there is no aggra+ating circ$mstance4 the lesser penalt( shall
'e applie).
?. When 'oth mitigating an) aggra+ating circ$mstances atten)e) the
commission of the act4 the co$rt shall reasona'l( allow them to offset one another
in consi)eration of their n$m'er an) importance4 for the p$rpose of appl(ing the
penalt( in accor)ance with the prece)ing r$les4 accor)ing to the res$lt of s$ch
compensation.
Art /3 applies onl" when the penalt" prescribed b" the %ode is either one indivisible penalt"
or 2 indivisible penalties
* -rticle 4) must be understood to mean and to refer only to ordinary mitigating
circumstances. It does not refer to privileged mitigating circumstances.
General rule+ 'hen the penalt" is composed of ) indivisible penalties, the penalty cannot be
lowered by one degree no matter how many mitigating circumstances are present
Exception+ in cases of privileged mitigating circumstances
0ar.A+ the moral value rather than the numerical weight shall be taken into account
R$les for the application of in)i+isi'le penalties
Penalty is single and indivisible applied regardless of the presence of aggravating
and mitigating circumstances
Penalty composed of two indivisible penalties
1. @ne aggravating circumstance present higher penalt"
2. @ne mitigating circumstance present lower penalt"
3. -ome mitigating circumstances present and no aggravating lower penalt"
4. ,itigating and ggravating +ircumstance are present basis in number and
importance
Art. D?. !ules for the application of penalties which contain three periods& K In
cases in which the penalties prescri'e) '( law contain three perio)s4 whether it
'e a single )i+isi'le penalt( or compose) of three )ifferent penalties4 each one of
which forms a perio) in accor)ance with the pro+isions of Articles GD an) GG4 the
co$rt shall o'ser+e for the application of the penalt( the following r$les4
accor)ing to whether there are or are not mitigating or aggra+ating
circ$mstances:
5. When there are neither aggra+ating nor mitigating circ$mstances4 the( shall
impose the penalt( prescri'e) '( law in its me)i$m perio).
:. When onl( a mitigating circ$mstance is present in the commission of the
act4 the( shall impose the penalt( in its minim$m perio).
9. When an aggra+ating circ$mstance is present in the commission of the act4
the( shall impose the penalt( in its ma,im$m perio).
?. When 'oth mitigating an) aggra+ating circ$mstances are present4 the co$rt
shall reasona'l( offset those of one class against the other accor)ing to their
relati+e weight.
114
CALLANTA
@. When there are two or more mitigating circ$mstances an) no aggra+ating
circ$mstances are present4 the co$rt shall impose the penalt( ne,t lower to that
prescri'e) '( law4 in the perio) that it ma( )eem applica'le4 accor)ing to the
n$m'er an) nat$re of s$ch circ$mstances.
D. Whate+er ma( 'e the n$m'er an) nat$re of the aggra+ating circ$mstances4
the co$rts shall not impose a greater penalt( than that prescri'e) '( law4 in its
ma,im$m perio).
G. Within the limits of each perio)4 the co$rt shall )etermine the e,tent of the
penalt( accor)ing to the n$m'er an) nat$re of the aggra+ating an) mitigating
circ$mstances an) the greater an) lesser e,tent of the e+il pro)$ce) '( the crime.
rt ID applies when the penalty has F periods because the" are divisible. (f the penalt" is
composed of 3 different penalties, each forms a period according to Art ..
0ar A+ the mitigating circumstances must be ordinar", not privileged. #he aggravating
circumstances must be generic or specific, not 2ualif"ing or inherent.
2xample8 a 2ualif"ing circumstance 4treacher"5 cannot be offset b" a generic mitigating
circumstance 4voluntar" circumstance5
#he court has discretion to impose the penalt" within the limits fixed b" law
rt ID not applicable when the penalt" is indivisible or prescribed b" special law or a fine
R$les for the application of )i+isi'le penalties
No aggravating and no mitigating circumstances medium period
@ne mitigating circumstance minimum period
@ne aggravating circumstance maximum period
,itigating and aggravating circumstance offset each other and according to
relative weight
) or more mitigating without any aggravating circumstance on degree lower
* If in the commission of the crime, one aggravating circumstance is present, and
four mitigating circumstances are likewise left, the offsetting of one aggravating
circumstance will not entitle the accused to a reduction of his penalty by one
degree. Kou will only lower the penalty by one degree if it is divisible and there is
absolutely no aggravating circumstance.
* "enalty for murder under the 3evised "enal +ode is reclusion temporal maximum to death. -o, the
penalty would be reclusion temporal maximum 1 reclusion perpetua 1 death. This penalty made up of
three periods.
Art. D@. !ule in cases in which the penalty is not composed of three periods& K In
cases in which the penalt( prescri'e) '( law is not compose) of three perio)s4
the co$rts shall appl( the r$les containe) in the foregoing articles4 )i+i)ing into
three e*$al portions of time incl$)e) in the penalt( prescri'e)4 an) forming one
perio) of each of the three portions.
C!'07TATI!12+
A. Example+ RI%I#N MA.#R ,) yrs $ day to $" yrs-
5! s$'tract the minim$m ()isregar) 5 )a(! from the ma,im$m
12"rs /"rs R / "rs
115
CALLANTA
:! )i+i)e the )ifference '( 9
/ "rs ? 3 R 2 "rs
9! $se the minim$m (D (rs an) 5 )a(! as the minim$m of the minim$m perio). Then a))
the : (rs ()isregar)ing the 5 )a(! to the minim$m to get the ma,im$m of the minim$m
/ "rs 4minimum of the minimum5
S 2 "rs 4difference5
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
E "rs 4maximum of the minimum5.
#herefore, minimum period of prision mayor/ I yrs & day to B yrs
?! $se the ma,im$m of the minim$m perio) as the minim$m of the me)i$m perio) an)
a)) 5 )a( to )isting$ish from the minim$m perio). Then a)) : (ears to the minim$m
of the me)i$m ()isregar)ing the 5 )a(! to get the ma,im$m of the me)i$m perio).
E "rs 4minimum of the medium5
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
1; "rs 4maximum of the medium5
#herefore, medium period of prision mayor/ B yrs & day to &A yrs
@! $se the ma,im$m of the me)i$m perio) as the minim$m of the ma,im$m p)4 a)) 5
)a( to )isting$ish it from the me)i$m perio). Then a)) : (rs to the minim$m of the
ma,im$m p) ()isregar)ing the 5 )a(! to get the ma,im$m of the ma,im$m perio)!
1; "rs 4maximum of the medium5
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
12 "rs 4maximum of the maximum5
#herefore, maximum period of prision mayor/ &A yrs & day to &) yrs
"omputation above applicable to all others except arresto mayor
B. Example+ RI%I#N MA.#R MINIM3M ,) yrs $ day to # yrs- only
5! %$'tract minim$m from the ma,im$m
E"rs /"rs R 2 "rs
:! 0i+i)e the )ifference '( 9
2"rs ? 3 R E months
9! 3se the minim$m of the gi+en e,ample as the minim$m perio). Then to get to get the
ma,im$m of the minim$m4 a)) the H months
/ "rs S E months R / "rs and E months
#herefore, minimum of prision mayor minimum/ I yrs & day to I yrs B months
?! 3se the ma,im$m of the minim$m as the minim$m of the me)i$m perio). A)) 5 )a( to
)isting$ish it from the ma,im$m of the minim$m. A)) the H months an) this 'ecomes
the ma,im$m of the me)i$m
/ "rs E months S E months R . "rs 4 months
#herefore, the medium period of prision mayor minimum/ I yrs B mos & day to E yrs D mos
@! 3se the ma,im$m of the me)i$m as the minim$m perio) of the ma,im$m perio) an)
a)) 5 )a( to )isting$ish. A)) the H months to get the ma,im$m of this ma,im$m
. "rs 4 mos S E mos R E "rs
#herefore, maximum of prision mayor/ E yrs D mos & day to B yrs
116
CALLANTA
Act No. ?I59 (IN0"T"RMINAT" %"NT"NC" LAW!4 as amen)e)
Three things to <now about the Indeterminate 2entence ?aw+
415 (ts purpose1
425 (nstances when it does not appl"1 and
435 0ow it operates
Indeterminate -entence :aw governs whether the crime is punishable under the 3evised "enal +ode or a
special :aw. (t is not limited to violations of the -evised !enal %ode.

It applies only when the penalty served is imprisonment. (f not b" imprisonment, then it does not appl".
$rpose
#he purpose of the (ndeterminate 3entence law is to avoid prolonged imprisonment, because it is proven
to be more destructive than constructive to the offender. 3o, the purpose of the (ndeterminate 3entence
>aw in shortening the possible detention of the convict in &ail is to save valuable human resources. (n
other words, if the valuable human resources were allowed prolonged confinement in &ail, the" would
deteriorate. !urpose is to preserve economic usefulness for these people for having committed a crime $$
to reform them rather than to deteriorate them and, at the same time, saving the government expenses of
maintaining the convicts on a prolonged confinement in &ail.
(f the crime is a violation of the -evised !enal %ode, the court will impose a sentence that has a minimum
and maximum. The maximum of the indeterminate sentence will be arrived at by ta#ing into account
the attendant mitigating andKor aggravating circumstances according to rticle ID of the 3evised "enal
+ode. In arriving at the minimum of the indeterminate sentence, the court will ta#e into account the
penalty prescribed for the crime and go one degree lower. 'ithin the range of one degree lower, the court
will fix the minimum for the indeterminate sentence, and within the range of the penalt" arrived at as the
maximum in the indeterminate sentence, the court will fix the maximum of the sentence. If there is a
privilege mitigating circumstance which has been ta#en in consideration in fixing the maximum of the
indeterminate sentence, the minimum shall be based on the penalty as reduced by the privilege mitigating
circumstance within the range of the penalty next lower in degree.
(f the crime is a +iolation of a special law, in fixing the maximum of the indeterminate sentence, the
court will impose the penalty within the range of the penalty prescribed by the special law, as long as it will
not exceed the limit of the penalty. In fixing the minimum, the court can fix a penalty anywhere within the
range of penalty prescribed by the special law, as long as it will not be less than the minimum limit of the
penalty under said law. Bo mitigating and aggravating circumstances are ta%en into account&
The minimum and the maximum referred to in the Indeterminate -entence :aw are not periods. 3o, do
not say maximum or minimum period. 7or the purposes of the indeterminate 3entence >aw, use the
term minimum to refer to the duration of the sentence which the convict shall serve as a minimum, and
when we sa" maximum, for purposes of (3>A', we refer to the maximum limit of the duration that the
convict ma" be held in &ail. 'e are not referring to an" period of the penalt" as enumerated in Article .1.
%ourts are re2uired to fix a minimum and a maximum of the sentence that the" are to impose upon an
offender when found guilt" of the crime charged. 3o, whenever the (ndeterminate 3entence >aw is
applicable, there is alwa"s a minimum and maximum of the sentence that the convict shall serve. If the
crime is punished by the 3evised "enal +ode, the law provides that the maximum shall be arrived at b"
considering the mitigating and aggravating circumstances in the commission of the crime according to the
proper rules of the -evised !enal %ode. #o fix the maximum, consider the mitigating and aggravating
circumstances according to the rules found in Article /4. This means 1
415 !enalties prescribed b" the law for the crime committed shall be imposed in the medium period if
no mitigating or aggravating circumstance1
425 (f there is aggravating circumstance, no mitigating, penalt" shall be imposed in the maximum1
435 (f there is mitigating circumstance, no aggravating, penalt" shall be in the minimum1
117
CALLANTA
445 (f there are several mitigating and aggravating circumstances, the" shall offset against each other.
'hatever remains, appl" the rules.
485 (f there are two or more mitigating circumstance and no aggravating circumstance, penalt" next
lower in degree shall be the one imposed.
!ule under #rt 9J shall apply in determining the maximum but not in determining the minimum.
In determining the applicable penalty according to the Indeterminate -entence :aw, there is no need to
mention the number of "ears, months and da"s1 it is enough that the name of the penalt" is mentioned
while the (ndeterminate 3entence >aw is applied. To fix the minimum and the maximum of the sentence,
penalt" under the -evised !enal %ode is not the penalt" to be imposed b" court because the court must
appl" the (ndeterminate 3entence >aw. The attendant mitigating andKor aggravating circumstances in the
commission of the crime are ta#en into consideration only when the maximum of the penalty is to be fixed.
$ut in so far as the minimum is concerned, the basis of the penalty prescribed by the 3evised "enal +ode,
and go one degree lower than that. =ut penalt" one degree lower shall be applied in the same manner
that the maximum is also fixed based onl" on ordinar" mitigating circumstances. #his is true onl" if the
mitigating circumstance taken into account is onl" an ordinar" mitigating circumstance. If the mitigating
circumstance is privileged, you cannot follow the law in so far as fixing the minimum of the indeterminate
sentence is concerned/ otherwise, it may happen that the maximum of the indeterminate sentence is lower
than its minimum.
(n one 3upreme %ourt ruling, it was held that for purposes of appl"ing the (ndeterminate 3entence >aw,
the penalt" prescribed b" the -evised !enal %ode and not that which ma" be imposed b" court. #his
ruling, however, is obviousl" erroneous. #his is so because such an interpretation runs contrar" to the
rule of pro reo, which provides that the penal laws should alwa"s be construed an applied in a manner
liberal or lenient to the offender. Therefore, the rule is, in applying the Indetermiante -entence :aw, it is
that penalty arrived at by the court after applying the mitigating and aggravating circumstances that should
be the basis.
%rimes punished under special law carr" onl" one penalt"1 there are no degree or periods. Moreover,
crimes under special law do not consider mitigating or aggravating circumstance present in the
commission of the crime. 3o in the case of statutor" offense, no mitigating and no aggravating
circumstances will be ta<en into account. Just the same, courts are re2uired in imposing the penalt"
upon the offender to fix a minimum that the convict should serve, and to set a maximum as the limit of that
sentence. ;nder the law, when the crime is punished under a special law, the court may fix any penalty
as the maximum without exceeding the penalty prescribed by special law for the crime committed. In the
same manner, courts are given discretion to fix a minimum anywhere within the range of the penalty
prescribed by special law, as long as it will not be lower than the penalty prescribed.
/is.ualification may be divided into three according to 4
415 #he time committed1
425 #he penalt" imposed1 and
435 #he offender involved.
The Indeterminate 2entence ?aw shall not apply to+
415 !ersons convicted of offense punishable with death penalt" or life imprisonment1
425 !ersons convicted of treason, conspirac" or proposal to commit treason1
435 !ersons convicted of misprision of treason, rebellion, sedition, espionage1
445 !ersons convicted of pirac"1
485 !ersons who are habitual delin2uents1
4/5 !ersons who shall have escaped from confinement or evaded sentence1
4.5 #hose who have been granted conditional pardon b" the %hief 6xecutive and shall have violated
the term thereto1
4E5 #hose whose maximum term of imprisonment does not exceed one "ear4 consider the maximum
term not the minimum term5, but not to those already sentenced by final judgment at the time of
the approval of Indeterminate -entence :aw.
118
CALLANTA
%C' Those sentenced to destiero or suspension% this are not punishable by imprisonment '.
lthough the penalty prescribed for the felony committed is death or reclusion perpetua, if after
considering the attendant circumstances, the imposable penalty is reclusion temporal or less, the
Indeterminate -entence :aw applies %People v& "empron, 2F? )"!# 4?F'.
+ecidivists entitled to the availment of the Indeterminate 8entence 9aw since
those dis,ualified are Aabitula delin,uents. (People vs& enus, 95 Phil& J5>)
!hen the accused escaped from jail while his case was on appeal, he is not
entitled to the benefits of the Indeterminate 8entence 9aw. (People vs& Aartinado, 42J
)"!# ?24)
- youthful offender whose sentence is suspended under 8ec. &>( of ".C. 45)
and who escaped from his confinement is still entitled to the application of the
Indeterminate 8entence 9aw. The same is true with an accused confined in the
Hational #enter for =ental Aealth *formerly Hational =ental Aospital% since their
confinement cannot be considered punishment but more of administrative matters
for their rehabilitation. (People vs& )oler, 95 Phil& F9F)
- person sentenced to destierro who entered the prohibited area within the
prohibited period has evaded the service of his sentence (People vs& #bilog, F4 Phil& 2?J)
and when he committed a crime in that area, he will not be entitled to the benefits
of the Indeterminate 8entence 9aw for the new crime.
/ I89 should not be applied when it is unfavorable to the accused.
/ I89 does not apply to non-divisible penalties.
R#aso* 2o% "$# ISL )a9 a*, )'*6 so that the prisoner could be released on parole
after serving the minimum sentence and could be rearrested to serve the maximum.
ILL45TRATION5&
=/ No )'"'3a"'*3, a33%a(a"'*3, o% "$# -'%-!)s"a*-#s 7#%#
o22s#"
$xample. crime is punishable by reclusion temporal !homicide'
I5L !a$ 6 +T medium
I5L !in 6 "= any period *discretion of the judge%
>/ O*# )'"'3a"'*3
I5L !a$ 6 +T minimum
I5L !in 6 "= any period *discretion of the judge%
666 The mitigating circumstance shall be considered only in the imposition of the
maximum term of the sentence
?/ O*# a33%a(a"'*3
I5L !a$ 6 +T maximum
I5L !in 6 "=, any period
@/ T7o )'"'3a"'*3, o*# a33%a(a"'*3
I5L !a$ 6 +T minimum because after offsetting one mitigating and one
aggravating, only one mitigating will be left.
A/ Co)0#9 -%')#
$xample. homicide with assault
Aomicide 6 +T
-ssault 6 "#
119
CALLANTA
666 +emember that complex crimes are punishable by the more severe penalty of
the two crimes to imposed in its max period. Therefore,
I5L !a$ 6 +T max
$xample. frustrated homicide with assault *being frustrated, one degree lower%
I5L !a$ 6 "= max
I5L !in - "#, any period
4. -rt. (?( says that the crime of 3%a(# "$%#a"s is punishable by a
penalty lower by two degrees than that prescribed by law for the crime
threatened.
$xample. - threatened to kill 2. Aomicide is punishable by +T. 8ince - is liable
only for threats of homicide, he shall be punished by prision correctional. If there
is an aggravating circumstance *relationship of - to 2, for example% then the
maximum period shall attach to the penalty *"#% only after lowering by (
degrees.
I5L !a$ 6 "# max *with aggravating%
IL5 !in 6 -= any period
B/ Co)0#9 -%')# 7'"$ "7o )'"'3a"'*3, *o a33%a(a"'*3
L 3or purposes of I89, the penalty next lower should be determined without
due regard as to whether the basic penalty provided by the #ode should be
applied in its max or min period as circumstances modifying liability may re,uire.
Aowever *as an exemption%, whether the number of the mitigating is such as to
entitle the accused to the penalty next lower in degree, this penalty in the I89
should be starting point for the determination of the next lower in degree *I89
min%. 3or instance, if the more serious offense in the complex crime is punishable
by prision mayor, the whole of prision mayor should be considered for the
purposes of determining the penalty next lower in degree 6 HOT prision mayor
max which is the usual rule.
8o now, we lower it by one degree because of the two mitigating 6 the I5L !a$
will be "# max *max because it:s a complex crime%. I5L !in will be -= any
period.
C/ A 0%'('#3#, )'"'3a"'*3 a*, a* o%,'*a%& )'"'3a"'*3
!hen there is a privileged mitigating *minority or incomplete self-defense% and
an ordinary mitigating *plea of guilty or voluntary surrender%, the %!# is. /ower
first the penalty prescribed by the 0ode by one degree *because of the privileged
mitigating%. This will be the max of the I89 and the penalty next lower will be the
minimum of the I89.
1)ample: -, a minor, pleaded guilty to murder. =urder is punishable by +T max
to death.
*** There being a privileged mitigating circumstance of minority, the penalty
should be one degree lower.
/// There is also an ordinary mitigating circumstance *plea of guilty%, so the
lowered penalty will be imposed in its minimum period which is "= max

I89 max 6 "= max
I89 min 6 any period between "# max to "= med

D/ T7o 0%'('#3#, )'"'3a"'*3 a*, o%,'*a%& )'"'3a"'*3
-'%-!)s"a*-#
1)ample: -, a minor, killed 2 in self-defense but - did not employ reasonable
means. - surrendered to the authorities. The penalty of homicide is +T.
I5L !a$ 6 "# min
120
CALLANTA
There are # privileged mitigating namely minority and incomplete self-
defense so 2T should be lowered by # degrees !.0'. *t should li(ewise be
imposed in the minimum because of the ordinary mitigating of voluntary
surrender.
I5L !in 6 -= any period
=E/ I*-o)0#"# ,#2#*s#, *o )'"'3a"'*3, *o a33%a(a"'*3
To determine the I5L !a$
0nlawful aggression only - ordinary mitigating
0nlawful aggression plus one other re,uisite 6 & degree lower
I5L !in 6 penalty next lower to the above
==/ I*-o)0#"# s#2:,#2#*s#, 0!s > o%,'*a%& )'"'3a"'*3, *o
a33%a(a"'*3
$xample. - killed 2 in self-defense. 2ut means used was not reasonable.
Aowever, there were ( ordinary mitigating. - acted with obfuscation and he
surrendered
The penalty for homicide is +T, +T should be lowered by & degree for incomplete
self-defense *unlawful aggression and no provocation from -%, making it prision
mayor. This should be further reduced by one degree because of ( ordinary
mitigating without any aggravating, making it "#.
I5L !a$ 6 "# med
I5L !in 6 -= any period
=>/ M!%,#% 7'"$ > o% )o%# )'"'3a"'*3, *o a33%a(a"'*3
#ode punishes murder with 2T ma) to death. If for instance, there was voluntary
surrender and plea of guilty, the penalty should be lowered by one degree, there
being ( mitigating. One degree lower to C= max to +T medium *refer to scale in
Ho.?%.
This should be subdivided into ) periods. The I5L !a$ would be then the
medium period of "= max to +T med which is &( yrs, @ mos, && days to &1 yrs,
&5 mos, (5 days. The I5L !in would be anywhere within "# max to "= medium
*refer to scale%
=?/ Robb#%& '* !*'*$ab'"#, $o!s#
This crime is punishable by +T. If the offender is not armed and the stolen thing
is less than (@5 pesos, it should be lowered by one degree which is "= in its
minimum period. The penalty is to be imposed in the medium period, there no
aggravating nor mitigating. The I89 max should then be to the "= min.
If under s%e#ial la"
, no modifying circumstance is taken into account unless specially
provided for by the law
, the basis of the application of the I89 is the ;penalty actually
imposed< and not that imposable by law
resi)ential 0ecree No. 8DH (R#1ATI#N LAW!
0robation is a manner of disposing of an accused who have been convicted by a trial court by placing
him under supervision of a probation officer, under such terms and conditions that the court may fix. #his
ma" be availed of before the convict begins serving sentence b" final &udgment and provided that he did
not appeal an"more from conviction.
Te ff- are dis7ualified&
121
CALLANTA
&. those sentenced to a max of term of imprisonment of more than
4 years
(. those convicted of subversion or any crime against national
security or public order
). those who were previously convicted by final judgment of an
offense punished by imprisonment of not less than & month and & day andMor
fine of not more than (55
1. those who have been once on probation
@. those already serving sentence
'ithout regard to the nature of the crime, only those whose penalty does not exceed six years of
imprisonment are those (ualified for probation. (f the penalt" is six "ears plus one da", he is no longer
2ualified for probation.
If the offender was convicted of several offenses which were tried jointly and one decision was rendered
where multiple sentences imposed several prison terms as penalty, the basis for determining whether the
penalty dis(ualifies the offender from probation or not is the term of the individual imprisonment and not
the totality of all the prison terms imposed in the decision. 3o even if the prison term would sum up to
more than six "ears, if none of the individual penalties exceeds six "ears, the offender is not dis2ualified
b" such penalt" from appl"ing for probation.
<n the other hand, without regard to the penalt", those who are convicted of subversion or any crime
against the public order are not (ualified for probation. 3o know the crimes under #itle (((, =ook 2 of the
-evised !enal %ode. Among these crimes is larms and -candals, the penalt" of which is onl" arresto
menor or a fine. ;nder the amendment to the "robation :aw, those convicted of a crime against public
order regardless of the penalty are not (ualified for probation.
,ay a recidivist be given the benefit of "robation :aw<
s a general rule, N@
2xception8 If the earlier conviction refers to a crime the penalty of which does not exceed FA days
imprisonment or a fine of not more than ")AA.AA %rresto ,enor', such convict is not dis(ualified of the
benefit of probation. 3o even if he would be convicted subse2uentl" of a crime embraced in the same title
of the -evised !enal %ode as that of the earlier conviction, he is not dis2ualified from probation provided
that the penalt" of the current crime committed does not go be"ond six "ears and the nature of the crime
committed b" him is not against public order, national securit" or subversion.
Although a person ma" be eligible for probation, the moment he perfects an appeal from the judgment of
conviction, he cannot avail of probation anymore. 3o the benefit of probation must be invoked at the
earliest instance after conviction. 0e should not wait up to the time when he interposes an appeal or the
sentence has become final and executor". #he idea is that probation has to be invoked at the earliest
opportunit".
n application for probation is exclusively within the jurisdiction of the trial court that renders the judgment.
7or the offender to appl" in such court, he should not appeal such judgment.
@nce he appeals, regardless of the purpose of the appeal, he will be dis2ualified from appl"ing for
!robation, even though he ma" thereafter withdraw his appeal.
If the offender would appeal the conviction of the trial court and the appellate court reduced the penalty to
say, less than six years, that convict can still file an application for probation, because the earliest
opportunity for him to avail of probation came only after judgment by the appellate court.
0hether a convict who is otherwise (ualified for probation may be given the benefit of probation or not, the
courts are always re(uired to conduct a hearing. (f the court denied the application for probation without
the benefit of the hearing, where as the applicant is not dis2ualified under the provision of the !robation
>aw, but onl" based on the report of the probation officer, the denial is correctible b" certiorari, because it
is an act of the court in excess of &urisdiction or without &urisdiction, the order den"ing the application
therefore is null and void.
"robation is intended to promote the correction and rehabilitation of an offender b" providing him with
individuali+ed treatment1 to provide an opportunit" for the reformation of a penitent offender which might
be less probable if he were to serve a prison sentence1 to prevent the commission of offenses1 to
decongest our &ails1 and to save the government much needed finance for maintaining convicts in &ail
122
CALLANTA
"robation is only a privilege. 3o even if the offender ma" not be dis2ualified of probation, "et the court
believes that because of the crime committed it was not advisable to give probation because it would
depreciate the effect of the crime, the court ma" refuse or den" an application for probation.
9enerally, the courts do not grant an application for probation for violation of the =angerous =rugs :aw,
because of the prevalence of the crime. 3o it is not along the purpose of probation to grant the convict the
benefit thereof, &ust the individual rehabilitation of the offender but also the best interest of the societ" and
the communit" where the convict would be sta"ing, if he would be released on probation. #o allow him
loose ma" bring about a lack of respect of the members of the communit" to the enforcement of penal law.
(n such a case, the court even if the crime is probationable ma" still den" the benefit of probation.
+onsider not only the probationable crime, but also the probationable penalty. (f it were the non$
probationable crime, then regardless of the penalt", the convict cannot avail of probation. 9enerally, the
penalty which is not probationable is any penalty exceeding six years of imprisonment. !ffenses
which are not probationable are those against natural security, those against public order and those with
reference to subversion.
"ersons who have been granted of the benefit of probation cannot avail thereof for the second time.
!robation is onl" available once and this ma" be availed onl" where the convict starts serving sentence
and provided he has not perfected an appeal. (f the convict perfected an appeal, he forfeits his right to
appl" for probation. s far as offenders who are under preventive imprisonment, that because a crime
committed is not bailable or the crime committed, although bailable, the" cannot afford to put up a bail,
upon promulgation of the sentence, naturall" he goes back to detention, that does not mean that the"
alread" start serving the sentence even after promulgation of the sentence, sentence will onl" become
final and executor" after the lapse of the 18$da" period, unless the convict has waived expressl" his right
to appeal or otherwise, he has partl" started serving sentence and in that case, the penalt" will alread" be
final and exeuctor", no right to probation can be applied for.
0robation shall be denied if the court finds+
415 #hat the offender is in need of correctional treatment that can be provided most effectivel" b" his
commitment to an institution1
425 #hat there is undue risk that during the period of probation the offender will commit another crime1
or
435 !robation will depreciate the seriousness of the crime.
The probation law imposes two <inds of conditions+
415 Mandator" conditions1 and
425 9iscretionar" conditions.
'andatory conditions+
415 #he convict must report to the !robation <fficer 4!<5 designated in the court order approving his
application for !robation within .2 hours from receipt of )otice of such order approving his
application1 and
425 #he convict, as a probationer, must report to the !< at least once a month during the period of
probation unless sooner re2uired b" the !<.
These conditions being mandatory, the moment any of these is violate, the probation is cancelled.
/iscretionary conditions+
The trial court which approved the application for probation may impose any condition which may be
constructive to the correction of the offender, provided the same would not violate the constitutional rights
of the offender and subject to this two restrictions8 %&' the conditions imposed should not be unduly
restrictive of the probationer/ and %)' such condition should not be incompatible with the freedom of
conscience of the probationer
Pro#edure of Probation&
&. trial court gives a sentence *one that ,ualifies you to apply for
probation%
123
CALLANTA
(. within the period for filing an appeal, must apply for probation in
the trial court. If already filed an appeal. -s long as records haven:t reached
appellate courts, must withdraw to apply for probation. -pplying for probation
means waiver of +T to appeal.
). upon application, trial court to suspend execution of sentence.
2ut does not mean already on probation
1. judge to order probation officer to investigate case*whether
,ualified, character antecedents, environment, mental and physical condition
and available institutional and community resources% Officer to submit report
not later than 45 days. #ourt to give decision not later than &@ days after
receipt of report. "ending investigation, may be released under bail. Ho bail
filed, can be released on the custody of a responsible member of the
community.
@. the judge may grant the application or not
3ranted 6 released subject to certain conditions. Two important re,uirements. *&%
present self to probation officer within E( hours from receipt of order *(% you will
report to said officer at least once a month at such time and place as specified by
the officer.
Other conditions are special and discretionary and are provided in 8ec. &5 of the
"robation 9aw.
Once granted, accessory penalties are deemed suspended.
4enied 6 reasons of the court may be.
&. that you need correctional treatment
(. there is undue risk that you will commit another crime
). probation may depreciate the seriousness of the offense
4. an order granting or denying probation is HOT appealable
5. probation will last according to the ff:
a. if sentence is not more than & year, probation shall not exceed (
years
b. if sentence is more than & year, probation shall not exceed 4
years
c. if sentence is fine with subsidiary imprisonment, probation shall
be twice the days of subsidiary
?. "robationer may be arrested at anytime during probation if there
was a serious violation of the conditions. If revoked, must serve the sentence
originally imposed. #ourt:s order not appealable.
>. "robation ends after the court, basing on the probation:s officer:s
report, orders final discharge. -ll civil rights will be restored. "ay fine for the
original crime.
666 $xpiration of the probation period does not automatically terminate probation.
=ust have court order.
Art. DD. Imposition of fines& K In imposing fines the co$rts ma( fi, an( amo$nt
within the limits esta'lishe) '( law> in fi,ing the amo$nt in each case attention
shall 'e gi+en4 not onl( to the mitigating an) aggra+ating circ$mstances4 '$t more
partic$larl( to the wealth or means of the c$lprit.
Court must consider the following in imposing the fine+
a5 mitigating and aggravating circumstances
b5 the wealth and means of the culprit
124
CALLANTA
'hen the minimum of the fine is not fixed, the court shall have the discretion provided it does
not exceed the amount authori+ed b" law
* it is not only the mitigating andKor aggravating circumstances that the court shall ta#e into consideration,
but primarily, the financial capability of the offender to pay the fine.
If the fine imposed by the law appears to be excessive, the remedy is to ask
the #ongress to amend the law by reducing the fine to a reasonable amount.
Art. DG. Penalty to be imposed when not all the requisites of exemption of the
fourth circumstance of #rticle 24 are present.K When all the con)itions re*$ire) in
circ$mstances N$m'er ? of Article 5: of this Co)e to e,empt from criminal lia'ilit(
are not present4 the penalt( of arresto ma(or in its ma,im$m perio) to prision
correccional in its minim$m perio) shall 'e impose) $pon the c$lprit if he shall
ha+e 'een g$ilt( of a gra+e felon(4 an) arresto ma(or in its minim$m an) me)i$m
perio)s4 if of a less gra+e felon(.
Re*$isites of Art 5: par ?(Acci)ent!
a5 act causing the in&ur" must be lawful
b5 act performed w? due care
c5 in&ur" was caused b" mere accident
d5 no fault or intention to cause in&ur"
if these conditions are not all present then the ff penalties shall be imposed+
a5 grave felony arresto ma"or max to prision correccional min
b5 less grave felony arresto ma"or min to arresto ma"or med
Art. DH. Penalty to be imposed upon a person under eighteen years of age& K
When the offen)er is a minor $n)er eighteen (ears an) his case is one coming
$n)er the pro+isions of the paragraphs ne,t to the last of Article HI of this Co)e4
the following r$les shall 'e o'ser+e):
5. 3pon a person $n)er fifteen '$t o+er nine (ears of age4 who is not
e,empte) from lia'ilit( '( reason of the co$rt ha+ing )eclare) that he acte) with
)iscernment4 a )iscretionar( penalt( shall 'e impose)4 '$t alwa(s lower '( two
)egrees at least than that prescri'e) '( law for the crime which he committe).
:. 3pon a person o+er fifteen an) $n)er eighteen (ears of age the penalt( ne,t
lower than that prescri'e) '( law shall 'e impose)4 '$t alwa(s in the proper
perio).
1otes+
Art. /E applies to such minor if his application for suspension of sentence is disapproved or if
while in the reformator" institution he becomes incorrigible in which case he shall be returned
to the court for the imposition of the proper penalt".
Art. )# provides for " privileged mitigating circumstances
under &G but over C and has acted wK discerment* 2 degrees lower
under &B but over &G* 1 degree lower
* If the act is attended by two or more mitigating circumstance and no aggravating
circumstance, the penalt" being divisible a minor over 18 but under 1E ma" still get a penalt"
two degrees lower.
125
CALLANTA
Art. D8. Penalty to be imposed when the crime committed is not wholly excusable&
K A penalt( lower '( one or two )egrees than that prescri'e) '( law shall 'e
impose) if the )ee) is not wholl( e,c$sa'le '( reason of the lac6 of some of the
con)itions re*$ire) to =$stif( the same or to e,empt from criminal lia'ilit( in the
se+eral cases mentione) in Article 55 an) 5:4 pro+i)e) that the ma=orit( of s$ch
con)itions 'e present. The co$rts shall impose the penalt( in the perio) which
ma( 'e )eeme) proper4 in +iew of the n$m'er an) nat$re of the con)itions of
e,emption present or lac6ing.
enalt( to 'e impose) when the crime committe) is not wholl( e,c$sa'le
& or ) degrees lower if the majority of the conditions for justification or exemption
in the cases provided in rts. && and &) are present.
Art. GI. )uccessive service of sentence. K When the c$lprit has to ser+e two or
more penalties4 he shall ser+e them sim$ltaneo$sl( if the nat$re of the penalties
will so permit otherwise4 the following r$les shall 'e o'ser+e):
In the imposition of the penalties4 the or)er of their respecti+e se+erit( shall 'e
followe) so that the( ma( 'e e,ec$te) s$ccessi+el( or as nearl( as ma( 'e
possi'le4 sho$l) a par)on ha+e 'een grante) as to the penalt( or penalties first
impose)4 or sho$l) the( ha+e 'een ser+e) o$t.
2or the p$rpose of appl(ing the pro+isions of the ne,t prece)ing paragraph the
respecti+e se+erit( of the penalties shall 'e )etermine) in accor)ance with the
following scale:
5. 0eath4
:. Recl$sion perpet$a4
9. Recl$sion temporal4
?. rision ma(or4
@. rision correccional4
D. Arresto ma(or4
G. Arresto menor4
H. 0estierro4
8. erpet$al a'sol$te )is*$alification4
5I Temporal a'sol$te )is*$alification.
55. %$spension from p$'lic office4 the right to +ote an) 'e +ote) for4 the right to
follow a profession or calling4 an)
5:. $'lic cens$re.
Notwithstan)ing the pro+isions of the r$le ne,t prece)ing4 the ma,im$m )$ration
of the con+ictLs sentence shall not 'e more than three;fol) the length of time
correspon)ing to the most se+ere of the penalties impose) $pon him. No other
penalt( to which he ma( 'e lia'le shall 'e inflicte) after the s$m total of those
impose) e*$als the same ma,im$m perio).
%$ch ma,im$m perio) shall in no case e,cee) fort( (ears.
In appl(ing the pro+isions of this r$le the )$ration of perpet$al penalties ( penal
perpet$a! shall 'e comp$te) at thirt( (ears. (#s amended by "#N42?)&
-rt. E5 refers to service of sentence. It is therefore addressed to the jail
warden or to the director of prisons. The court or the judge has no power to
implement -rticle E5 because the provision is not for the imposition of penalties. If
the penalty by their very nature can be served simultaneously, then it must be so
served.
'aximum duration of the convictLs sentence+ F times the most severe penalty
126
CALLANTA
,ax period shall not exceed DA years
2ubsidiary imprisonment this shall be excluded in computing for the maximum duration
2xample8 Juan has 1; sentences of / months and 1 da" each and a fine of 1;;;. 0e was not
able to pa" the fine. #herefore, he must serve subsidiar" penalt" after 1E months and 3 da"s
in &ail.

* Ander this rule, when a convict is to serve successive penalties, he will not actually serve the penalties
imposed by law. (nstead, the most severe of the penalties imposed on him shall be multiplied by three
and the period will be the only term of the penalty to be served by him. 0owever, in no case should the
penalty exceed DA years.
* If the sentences would be served simultaneously, the #hree$7old rule does not govern.
* Although this rule is known as the #hree$7old rule, "ou cannot actuall" appl" this if the convict is to
serve onl" three successive penalties. The Three?Fold 3ule can only be applied if the convict is to serve
four or more sentences successively.
* #he chronolog" of the penalties as provided in Article .; of the -evised !enal %ode shall be followed.
* It is in the service of the penalty, not in the imposition of the penalty, that the Three?Fold rule is to be
applied. #he three$7old rule will appl" whether the sentences are the product of one information in one
court, whether the sentences are promulgated in one da" or whether the sentences are promulgated b"
different courts on different da"s. 0hat is material is that the convict shall serve more than three
successive sentences.
* For purposes of the Three?Fold 3ule, even perpetual penalties are ta#en into account. 3o not onl"
penalties with fixed duration, even penalties without an" fixed duration or indivisible penalties are taken
into account. For purposes of the Three?Fold rule, indivisible penalties are given e2uivalent of 3; "ears. If
the penalty is perpetual dis(ualification, it will be given and e2uivalent duration of 3; "ears, so that if he
will have to suffer several perpetual dis2ualification, under the #hree$7old rule, "ou take the most severe
and multipl" it b" three. The Three?Fold rule does not apply to the penalty prescribed but to the penalty
imposed as determined by the court.
Illustration8
!enalties imposed are
<ne prision correcional minimum 2 "ears and 4 months
<ne arresto ma"or $ 1 month and 1 da" to / months
<ne prision ma"or $ / "ears and 1 da" to 12 "ears
* 9o not commit the mistake of appl"ing the #hree$ 7old -ule in this case. Never apply the Three?Fold
rule when there are only three sentences. 6ven if "ou add the penalties, "ou can never arrive at a sum
higher than the product of the most severe multiplied b" three.
* #he common mistake is, if given a situation, whether the #hree$7old -ule could be applied. (f asked, if
"ou were the &udge, what penalt" would "ou impose, for purposes of imposing the penalt", the court is not
at libert" to appl" the #hree$7old -ule, whatever the sum total of penalt" for each crime committed, even if
it would amount to 1,;;; "ears or more. It is only when the convict is serving sentence that the prison
authorities should determine how long he should stay in jail.
* This rule will apply only if sentences are to be served successively.
Art. G5. 7raduated scales. K In the case in which the law prescri'e) a penalt(
lower or higher '( one or more )egrees than another gi+en penalt(4 the r$les
prescri'e) in Article D5 shall 'e o'ser+e) in gra)$ating s$ch penalt(.
The lower or higher penalt( shall 'e ta6en from the gra)$ate) scale in which is
comprise) the gi+en penalt(.
127
CALLANTA
The co$rts4 in appl(ing s$ch lower or higher penalt(4 shall o'ser+e the following
gra)$ate) scales:
%CAL" N#. 5
5. 0eath4
:. Recl$sion perpet$a4
9. Recl$sion temporal4
?. rision ma(or4
@. rision correccional4
D. Arresto ma(or4
G. 0estierro4
H. Arresto menor4
8. $'lic cens$re4
5I. 2ine.
%CAL" N#. :
5. erpet$al a'sol$te )is*$alification4
:. Temporal a'sol$te )is*$alification
9. %$spension from p$'lic office4 the right to +ote an) 'e
+ote) for4 the right to follow a profession or calling4
?. $'lic cens$re4
@. 2ine.
Art. G:. Preference in the payment of the civil liabilities. K The ci+il lia'ilities of
a person fo$n) g$ilt( of two or more offenses shall 'e satisfie) '( following the
chronological or)er of the )ates of the =$)gments ren)ere) against him4
'eginning with the first in or)er of time.
the penalties shall be satisfied according to the scale of rt EA
Art. G9. Presumption in regard to the imposition of accessory penalties& K
Whene+er the co$rts shall impose a penalt( which4 '( pro+ision of law4 carries
with it other penalties4 accor)ing to the pro+isions of Articles ?I4 ?54 ?:4 ?9 an) ??
of this Co)e4 it m$st 'e $n)erstoo) that the accessor( penalties are also impose)
$pon the con+ict.
subsidiary penalties are deemed imposed. 0owever, the subsidiary imprisonment must be
expressly stated in the decision.
* The rule that the principal penalty imposed carries with it the accessory penalties
does not mean that the accused would serve subsidiary imprisonment in case he is
not able to pay the pecuniary liabilities imposed in the judgment. 8ubsidiary
imprisonment must be expressly ordered.
Art. G?. Penalty higher than reclusion perpetua in certain cases. K In cases in
which the law prescri'es a penalt( higher than another gi+en penalt(4 witho$t
speciall( )esignating the name of the former4 if s$ch higher penalt( sho$l) 'e that
of )eath4 the same penalt( an) the accessor( penalties of Article ?I4 shall 'e
consi)ere) as the ne,t higher penalt(.
if the decision or law sa"s higher than -! or 2 degrees than -#, then the penalt" imposed is
-! or -# as the case ma" be. /eath must be designated by name. However, for the other
penalties, this does not appl".
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CALLANTA
2xample* the penalt" for crime G is 2 degrees lower than -!. #he penalt" imposed is prision
ma"or.
Art. G@. Increasing or reducing the penalty of fine by one or more degrees& K
Whene+er it ma( 'e necessar( to increase or re)$ce the penalt( of fine '( one or
more )egrees4 it shall 'e increase) or re)$ce)4 respecti+el(4 for each )egree4 '(
one;fo$rth of the ma,im$m amo$nt prescri'e) '( law4 witho$t howe+er4 changing
the minim$m.
The same r$les shall 'e o'ser+e) with regar) of fines that )o not consist of a
fi,e) amo$nt4 '$t are ma)e proportional.
To get the lower degree+
,ax8 reduce b" one$fourth
,in8 the same
* 'ith respect to the penalt" of fine, if the fine has to be lowered b" degree either because the felon"
committed is onl" attempted or frustrated or because there is an accomplice or an accessor" participation,
the fine is lowered b" deducting 1?4 of the maximum amount of the fine from such maximum without
changing the minimum amount prescribed b" law.
Illustration8
If the penalty prescribed is a fine ranging from ")AA.AA to "GAA.AA, but the felony is frustrated so that the
penalty should be imposed one degree lower, &KD of "GAA.AA shall be deducted therefrom. This is done
by deducting "&)G.AA from "GAA.AA, leaving a difference of "FEG.AA. The penalty one degree lower is
"FEG.AA. To go another degree lower, "&)G.AA shall again be deducted from "FEG.AA and that would
leave a difference of ")GA.AA. Hence, the penalty another degree lower is a fine ranging from ")AA.AA to
")GA.AA. If at all, the fine has to be lowered further, it cannot go lower than ")AA.AA. -o, the fine will be
imposed at ")AA.AA. This rule applies when the fine has to be lowered by degree.
Art. GD. 8egal period of duration of divisible penalties. K The legal perio) of
)$ration of )i+isi'le penalties shall 'e consi)ere) as )i+i)e) into three parts4
forming three perio)s4 the minim$m4 the me)i$m4 an) the ma,im$m in the manner
shown in the following ta'le:
Art. GG. $hen the penalty is a complex one composed of three distinct penalties& K
In cases in which the law prescri'es a penalt( compose) of three )istinct
penalties4 each one shall form a perio)> the lightest of them shall 'e the minim$m
the ne,t the me)i$m4 an) the most se+ere the ma,im$m perio).
Whene+er the penalt( prescri'e) )oes not ha+e one of the forms speciall(
pro+i)e) for in this Co)e4 the perio)s shall 'e )istri'$te)4 appl(ing '( analog( the
prescri'e) r$les.
if there are 3 distinct penalties1 there shall be a minimum, a medium and a maximum
2xample* -eclusion temporal max to death
"/"C3TI#N AN0 %"R&IC" #2 "NALTI"%
Art. GH. $hen and how a penalty is to be executed& K No penalt( shall 'e
e,ec$te) e,cept '( +irt$e of a final =$)gment.
A penalt( shall not 'e e,ec$te) in an( other form than that prescri'e) '( law4 nor
with an( other circ$mstances or inci)ents than those e,pressl( a$thori<e)
there'(.
129
CALLANTA
In a))ition to the pro+isions of the law4 the special reg$lations prescri'e) for the
go+ernment of the instit$tions in which the penalties are to 'e s$ffere) shall 'e
o'ser+e) with regar) to the character of the wor6 to 'e performe)4 the time of its
performance4 an) other inci)ents connecte) therewith4 the relations of the
con+icts among themsel+es an) other persons4 the relief which the( ma( recei+e4
an) their )iet.
The reg$lations shall ma6e pro+ision for the separation of the se,es in )ifferent
instit$tions4 or at least into )ifferent )epartments an) also for the correction an)
reform of the con+icts.
@nly penalty by final judgment can be executed. Judgment is final if the accused has not
appealed within 18 da"s or he has expressl" waived in writing that he will not appeal.
* -n appeal suspends the service of the sentence imposed by the trial court. In the
absence of an appeal, the law contemplates a speedy execution of the sentence,
and in the orderly administration of justice, the defendant should be forthwith
remanded to the sheriff for the execution of the judgment.
#here could be no subsidiary liability if it was not expressly ordered in the judgment
Art. G8. )uspension of the execution and service of the penalties in case of
insanity& K When a con+ict shall 'ecome insane or an im'ecile after final sentence
has 'een prono$nce)4 the e,ec$tion of sai) sentence shall 'e s$spen)e) onl(
with regar) to the personal penalt(4 the pro+isions of the secon) paragraph of
circ$mstance n$m'er 5 of article 5: 'eing o'ser+e) in the correspon)ing cases.
If at an( time the con+ict shall reco+er his reason4 his sentence shall 'e e,ec$te)4
$nless the penalt( shall ha+e prescri'e) in accor)ance with the pro+isions of this
Co)e.
The respecti+e pro+isions of this section shall also 'e o'ser+e) if the insanit( or
im'ecilit( occ$rs while the con+ict is ser+ing his sentence
Cases of insanity+
a5 after final sentence, suspend the sentence regarding the personal penalties
b5 if he recovers, the sentence is executed unless it has prescribed
c' the payment of civil or pecuniary liabilities shall not be suspended
Art HI (as amen)e) '( 0 DI9: Chil) an) .o$th Welfare Co)e!
.#3T-23L #22"N0"R over : but under 1E at time of the commission of the offense
* - child nine years of age or under at the time of the commission of the offense
shall be exempt from criminal liability and shall be committed to the care of his or
her father or mother, or nearest relative or family friend in the discretion of the court
and subject to its supervision. The same shall be done for a child over nine years
and under fifteen years of age at the time of the commission of the offense, unless
he acted with discernment, in which case he shall be proceeded against in
accordance with -rticle &>(.
* The +evised "enal #ode declared a youthful offender to be one who is under &?
years old at the time he committed the crime attributed to him. 3or him to be
entitled to the benefits of the law, the sentence must also be made while the
accused is under &? years of age. If the accused is already &? years old or above
upon promulgation, he will no longer be entitled to a suspension of his sentence.
* The suspension of the sentence is only observed if the youthful offender commits
he crime above nine years and below &? years of age and the promulgation of the
judgment is likewise done while the accused is under &? years of age.
130
CALLANTA
* The suspension of sentence is not automatic or mandatory for the court to
implement. The youthful offender must apply for suspension.
* a "outhful offender held for examination or trial who cannot furnish bail will be committed to the
93'9?local rehab center or detention home
:udgment of the court shall not be pronounced but suspended except for the ff cases+
1. those who previousl" en&o"ed a suspension of sentence
2. those convicted of death or life imprisonment
3. those convicted for an offense b" the militar" tribunals
* the 93'9 ma" dismiss the case if the "outh behaves properl"
* the records of the proceeding shall be privileged and shall not be disclosed
* the civil liabilit" of the "outhful offender ma" be voluntar" assumed b" a relative or a friend
* The civil liability for acts committed by a youthful offender shall devolve upon the
offender:s father and, in the case of his death or incapacity, upon the mother, or in
case of her death or incapacity, upon the guardian. #ivil liability may also be
voluntarily assumed by a relative or family friend of the youthful offender.
* the parent or guardian of the child is liable when he aids, abets or connives w? the commission
of the crime or does an act producing, promoting or contributing to the childBs being a &uvenile
delin2uent.
* #he penalties for the parent or guardian* 7ine not exceeding 8;; and?or imprisonment not
exceeding 2 "ears
Art. H5. $hen and how the death penalty is to be executed. K The )eath
sentence shall 'e e,ec$te) with preference to an( other an) shall consist in
p$tting the person $n)er sentence to )eath '( lethal in=ection. The )eath sentence
shall 'e e,ec$te) $n)er the a$thorit( of the 0irector of risons4 en)ea+oring so
far as possi'le to mitigate the s$fferings of the person $n)er sentence )$ring the
lethal in=ection as well as )$ring the procee)ings prior to the e,ec$tion.
The 0irector of the 1$rea$ of Corrections shall ta6e steps to ins$re that the lethal
in=ection to 'e a)ministere) is s$fficient to ca$se instantaneo$s )eath of the
con+ict.
The )eath sentence shall 'e carrie) o$t not earlier than one(5! (ear '$t not later
than eighteen(5H! months after the =$)gment has 'ecome final an) e,ec$tor(
witho$t pre=$)ice to the e,ercise '( the resi)ent of his clemenc( powers at all
times . (#s amended by !#N F2??)
3EAT* PENALT+
To 7$'-$ -%')#s ')0os#,6
-pplies only to those crimes which are specified under +- E4@>. If a crime is
not included in the list of heinous crimes, the penalty cannot be validly imposed for
said crime.
W$a" a%# $#'*o!s -%')#s.
These are grievous, odious and hateful offenses, which by reason of their
inherent or manifest wickedness, viciousness, atrocity and perversity are repugnant
and outrageous to the common standards and norms of decency and morality in a
just, civilied and ordered society.
W$a" a%# "$# $#'*o!s -%')#s !*,#% RA BFAD.
131
CALLANTA
&. Treason
(. Dualified piracy M mutiny
). Dualified bribery
1. "arricide
@. =urder
4. Infanticide
E. Nidnapping and 8erious Illegal Cetention
?. +obbery with Aomicide
>. +obbery with rape
&5. +obbery with Intentional =utilation
&&. +obbery with arson
&(. Cestructive -rson
&). +ape committed with the use of deadly weapon
&1. +ape committed by two or more persons
&@. +ape with Aomicide M -ttempted rape with homicide
&4. +ape under certain circumstances
&E. "lunder
&?. Iiolation of +- 41(@, where ,uantity involved is more than or
e,ual to that certified under 8ec. (5 thereof
&>. #arnapping where the owner or occupant of the vehicle is killed
Art. H:. Botification and execution of the sentence and assistance to the culprit& K
The co$rt shall )esignate a wor6ing )a( for the e,ec$tion '$t not the ho$r thereof>
an) s$ch )esignation shall not 'e comm$nicate) to the offen)er 'efore s$nrise of
sai) )a(4 an) the e,ec$tion shall not ta6e place $ntil after the e,piration of at least
eight ho$rs following the notification4 '$t 'efore s$nset. 0$ring the inter+al
'etween the notification an) the e,ec$tion4 the c$lprit shall4 in so far as possi'le4
'e f$rnishe) s$ch assistance as he ma( re*$est in or)er to 'e atten)e) in his last
moments '( priests or ministers of the religion he professes an) to cons$lt
law(ers4 as well as in or)er to ma6e a will an) confer with mem'ers of his famil(
or persons in charge of the management of his '$siness4 of the a)ministration of
his propert(4 or of the care of his )escen)ants.
9esignate a working da" w?c shall not be communicated to the offender before the sunrise of
said da". #he execution shall not take place until after the expiration of at least E hrs
following such notification.
0e can execute a will.
Art. H9. )uspension of the execution of the death sentence. K The )eath
sentence shall not 'e inflicte) $pon a woman while she is pregnant or within
one(5! (ear after )eli+er(4 nor $pon an( person o+er se+ent( (ears of age. In this
last case4 the )eath sentence shall 'e comm$te) to the penalt( of recl$sion
perpet$a with the accessor( penalties pro+i)e) in Article ?I.
In all cases where the )eath sentence has 'ecome final4 the recor)s of the case
shall 'e forwar)e) imme)iatel( '( the %$preme Co$rt to the #ffice of the
resi)ent for possi'le e,ercise of the par)oning power. (#s amended by )ec& 4>, !#N
?9>:)
/eath sentence commuted to *0+
a5 woman, while pregnant or within 1 "r after deliver" 4onl" suspended5
b5 person over .; "ears old.
Art. H?. Place of execution and persons who may witness the same. K The
e,ec$tion shall ta6e place in the penitentiar( or 1ili'i) in a space close) to the
p$'lic +iew an) shall 'e witnesse) onl( '( the priests assisting the offen)er an)
'( his law(ers4 an) '( his relati+es4 not e,cee)ing si,4 if he so re*$est4 '( the
132
CALLANTA
ph(sician an) the necessar( personnel of the penal esta'lishment4 an) '( s$ch
persons as the 0irector of risons ma( a$thori<e.
Art. H@. Provisions relative to the corpse of the person executed and its burial& K
3nless claime) '( his famil(4 the corpse of the c$lprit shall4 $pon the completion
of the legal procee)ings s$'se*$ent to the e,ec$tion4 'e t$rne) o+er to the
instit$te of learning or scientific research first appl(ing for it4 for the p$rpose of
st$)( an) in+estigation4 pro+i)e) that s$ch instit$te shall ta6e charge of the
)ecent '$rial of the remains. #therwise4 the 0irector of risons shall or)er the
'$rial of the 'o)( of the c$lprit at go+ernment e,pense4 granting permission to 'e
present thereat to the mem'ers of the famil( of the c$lprit an) the frien)s of the
latter. In no case shall the '$rial of the 'o)( of a person sentence) to )eath 'e
hel) with pomp.
Art. HD. !eclusion perpetua, reclusion temporal, prision mayor, prision
correccional and arresto mayor& K The penalties of recl$sion perpet$a4 recl$sion
temporal4 prision ma(or4 prision correccional an) arresto ma(or4 shall 'e
e,ec$te) an) ser+e) in the places an) penal esta'lishments pro+i)e) '( the
A)ministrati+e Co)e in force or which ma( 'e pro+i)e) '( law in the f$t$re.
Art. HG. +estierro. K An( person sentence) to )estierro shall not 'e permitte)
to enter the place or places )esignate) in the sentence4 nor within the ra)i$s
therein specifie)4 which shall 'e not more than :@I an) not less than :@
6ilometers from the place )esignate).
/estierro shall be imposed in the ff cases+
a5 death or serious ph"sical in&uries is caused or are inflicted under exceptional
circumstance
b5 person fails to give bond for good behavior
c5 concubineBs penalt" for the crime of concubinage
d5 lowering the penalt" b" degrees
Execution of /istierro
a5 %onvict shall not be permitted to enter the place designated in the sentence nor
within the radius specified, which shall not be more than 28; and not less than 28 km
from the place designated.
b5 (f the convict enters the prohibited area, he commits evasion of sentence
Art. HH. #rresto menor. K The penalt( of arresto menor shall 'e ser+e) in the
m$nicipal =ail4 or in the ho$se of the )efen)ant himself $n)er the s$r+eillance of
an officer of the law4 when the co$rt so pro+i)es in its )ecision4 ta6ing into
consi)eration the health of the offen)er an) other reasons which ma( seem
satisfactor( to it.
2erved where+
(n the municipal &ail
(n the house of the offender, but under the surveillance of an officer of the law whenever the
court so provides in the decision due to the health of the offender. =ut the reason is not
satisfactor" &ust because the offender is a respectable member of the communit"
"/TINCTI#N #2 CRIMINAL LIA1ILIT.
Art. H8. @ow criminal liability is totally extinguished. K Criminal lia'ilit( is
totall( e,ting$ishe):
re?election to public office is not one of the grounds by which criminal liability is extinguished. This is only
true to administrative cases but not criminal cases.
133
CALLANTA
(5! 1( the )eath of the con+ict4 as to the personal penalties an) as to pec$niar(
penalties4 lia'ilit( therefor is e,ting$ishe) onl( when the )eath of the offen)er
occ$rs 'efore final =$)gment.
6xtinguishment of criminal liabilit" is a ground of motion to 2uash
%riminal liabilit" whether before or after final &udgment is extinguished upon death because it
is a personal penalt"
!ecuniar" penalt" is extinguished onl" when death occurs before final &udgement.
00 vs. BAC!TA2
&. Ceath of the accused pending appeal of his conviction extinguishes his
criminal liability as well as the civil liability based solely thereon.
(. The claim of civil liability survives notwithstanding the death of accused, if the
same may also be predicated on a source of obligation other than delict.
). !here the civil liability survives, an action for recovery therefore, may be
pursued but only by way of filing a separate civil action and subject to 8ection
& +ule &&& of the &>?@ +ules on #riminal "rocedure as amended. This
separate civil action may be enforced either against the
executorMadministrator of the estate of the accused, depending on the source
obligation upon which the same is based as explained above.
* If the act or omission complained of gives rise to a cause of action arising from
,uasi-delict, the separate civil action must be filed against the executor or
administrator of the estate of the accused pursuant to 8ec. &, +ule ?E of the +ules of
#ourt.
* If the same act or omission complained of also arises from contract, the separate
civil action must be filed against the estate of the accused, pursuant to 8ec. @, +ule
?4 of the +ules of #ourt.
* !hen the civil liability does not arise from a certain crime and predicated on law,
contract, ,uasi-contract, or ,uasi-delict, the civil liability survives notwithstanding
the death of the accused during the pendency of the trial of a criminal action or
appeal.
* !hat is contemplated in -rticle ?> is that the accused who died before the finality
of a verdict or conviction cannot be ordered to make restitution, reparation or
indemnification to the offended party by way of moral and exemplary damages.
* !here there are several accused, the death of one does not result to the dismissal
of the action because the liabilities, whether civil or criminal of said accused are
distinct and separate.
* The death of the offended party pending the trial is not included in the total
extinction of criminal liability under -rt. ?>, neither is it a ground for the dismissal of
a criminal complaint or information. (Pp vs& *undalian, 22? )"!# ?2F)
(:! 1( ser+ice of the sentence
%rime is a debt, hence extinguished upon pa"ment
3ervice does not extinguish civil liabilit"
.(9! 1( amnest(4 which completel( e,ting$ishes the penalt( an) all its effects
AMN"%T. is an act of the sovereign power granting oblivion or general pardon. (t wipes all
traces and vestiges of the crime but does not extinguish civil liabilit"
134
CALLANTA
(?! 1( a'sol$te par)on
AR0#N an act of grace proceeding from the power entrusted w? the execution of laws,
which exempts the individual from the punishment the law inflicts for the crime.
* "ardon, although absolute does not erase the effects of conviction. !ardon onl" excuses the convict
from serving the sentence. There is an exception to this and that is when the pardon was granted when
the convict had already served the sentence such that there is no more service of sentence to be
executed then the pardon shall be understood as intended to erase the effects of the conviction. =ut if he
was serving sentence when he was pardoned, that pardon will not wipe out the effects of the crime, unless
the language of the pardon absolutel" relieve the offender of all the effects thereof. +onsidering that
recidivism does not prescribe, no matter how long ago was the first conviction, he shall still be a recidivist.
* 0hen the crime carries with it moral turpitude, the offender even if granted pardon shall still remain
dis2ualified from those falling in cases where moral turpitude is a bar.
* In 'onsanto v. 6actoran (r. $J@ 2C*A $%$4 it was held that absolute pardon does not ipso facto
entitle the convict to reinstatement to the public office forfeited b" reason of his conviction. lthough
pardon restores his eligibility for appointment to that office, the pardoned convict must reapply for the new
appointment
AMN"%T. AR0#N
6xtended to classes of persons who ma" be
guilt" of political offenses
6xercised individuall" b" the president 4an"
crime5
6xercised even before trial or investigation 6xercised when one is convicted
>ooks backward and abolishes the offense
itself
>ooks forward and relieves the offender of the
conse2uences
9oes not extinguish civil liabilit" 3ame
A public act that needs the declaration of the
president with the concurrence of %ongress
A private act of the president
%ourts should take &udicial notice Must be pleaded and proved
* "ardon becomes valid only when there is a final judgment. If given before this, it is premature and
hence void. There is no such thing as a premature amnesty, because it does not re(uire a final judgment/
it may be given before final judgment or after it.
(@! 1( prescription of the crime
'hen the crime prescribes, the state loses the right to prosecute
0rescription of a crime is the loss?forfeiture of the right of the state to prosecute the
offender after the lapse of a certain time.
(D! 1( prescription of the penalt(
,eans8 the loss?forfeiture of the right of government to execute the final sentence after the
lapse of a certain time. %onditions* there must be final &udgement and the period has
elapsed.
(D! 1( the marriage of the offen)e) woman4 as pro+i)e) in Art 9?? of this Co)e
* (n the case of marriage, do not sa" that it is applicable for the crimes under Article &AA. It is only true
in the crimes of rape abduction seduction and acts of lasciviousness. 9o not sa" that it is applicable
to private crimes because the term includes adulter" and concubinage. Marriages in these cases ma"
even compound the crime of adulter" or concubinage. It is only in the crimes of rape, abduction,
seduction and acts of lasciviousness that the marriage by the offender with the offended woman shall
extinguish civil liability, not only criminal liability of the principal who marries the offended woman, but also
that of the accomplice and accessory, if there are any.
* %o$principals who did not themselves directl" participate in the execution of the crime but who onl"
cooperated, will also benefit from such marriage, but not when such co$principal himself took direct part in
the execution of the crime.
135
CALLANTA
* ,arriage as a ground for extinguishing civil liability must have been contracted in good faith. #he
offender who marries the offended woman must be sincere in the marriage and therefore must actuall"
perform the duties of a husband after the marriage, otherwise, notwithstanding such marriage, the
offended woman, although alread" his wife can still prosecute him again, although the marriage remains a
valid marriage. 9o not think that the marriage is avoided or annulled. #he marriage still subsists although
the offended woman ma" re$file the complaint. #he 3upreme %ourt ruled that marriage contemplated
must be a real marriage and not one entered to and not &ust to evade punishment for the crime committed
because the offender will be compounding the wrong he has committed.
* In cases of )!"'0# %a0#s, however, the principle does not apply. Thus, if -, 2
and # raped ! in that when - was having sex with !, 2 and # were holing the legs
and arms, and when it was 2:s turn, - and # were the ones holding !:s legs and
arms, and when # was the one having sex with !, the ones holding her arms and
legs were - and 2. $ven if later on, - contracted marriage with !, there is no
extinction of penal responsibility because this is a case of multiple rapes.
* The grant of %robation may be considered as a 2o%) o2 #9"'*-"'o* o2 -%')'*a
'ab''"& which was bestowed while accused who has never been encarcerated, was
out on bail, may thus be categoried as total extinction thereof. Aowever, if it was
granted after the conviction of the accused who was in jail, it can be considered as
partial extinction only. It must be noted however, that unlike in service of sentence,
in probation, the probationer is still re,uired to report to "robation Officer at a
certain period until the duration of the probation period.
Art. 8I. Prescription of crime. K Crimes p$nisha'le '( )eath4 recl$sion
perpet$a or recl$sion temporal shall prescri'e in twent( (ears.
Crimes p$nisha'le '( other afflicti+e penalties shall prescri'e in fifteen (ears.
Those p$nisha'le '( a correctional penalt( shall prescri'e in ten (ears> with the
e,ception of those p$nisha'le '( arresto ma(or4 which shall prescri'e in fi+e
(ears.
The crime of li'el or other similar offenses shall prescri'e in one (ear.
The crime of oral )efamation an) slan)er '( )ee) shall prescri'e in si, months.
Light offenses prescri'e in two months.
When the penalt( fi,e) '( law is a compo$n) one4 the highest penalt( shall 'e
ma)e the 'asis of the application of the r$les containe) in the first4 secon) an)
thir) paragraphs of this article. (#s amended by !# J992, approved <une 2:, 2:99.!
In computing for the period, the first da" is excluded and the last da" included. 3ub&ect to leap
"ears
0hen the last day of the prescriptive period falls on a -unday or a legal holiday, the info can
no longer be filed the ff da"
-imple slander prescribes in 2 months and grave slander in / months
3ince destierro is a correctional penalt", it prescribes in 1; "ears. Afflictive penalties, 18
"ears.
If compound penalty, basis will be the highest penalt"
O22#*s# 0!*'s$#, 7'"$ a 2'*#
To determine whether the prescriptive period of an offense punished with a
fine is imposed as a single or as an alternative penalty, such fine should not be
136
CALLANTA
reduced or converted into a prison term. It should be classified into an afflictive,
correctional, or light penalty pursuant to -rticle (4.
* !hen fine is imposed as an alternative penalty to imprisonment 4imposed together w?
a penalt" lower than the fine5, and fine constitute a higher penalty than the penalty of
imprisonment, the basis of the prescriptive period should be the fine.
* The rule on prescription as to fines does not refer to subsidiary imprisonment. It
takes into consideration the nature of the penalty as afflictive, correctional and light.
It is a rule that prescriptive period is always based on the fine even if there is a
subsidiary imprisonment.
"rescription begins to run from the discovery thereof. (nterrupted when proceedings are
instituted and shall begin to run again when the proceedings are dismissed.
* The defense of prescription cannot be waived and it may be raised during the trial
or even on appeal. Aowever, the defense of prescription of crime cannot defeat the
right of the state to recover its properties which were unlawfully ac,uired by public
officials.
!rescription does not take awa" the courtBs &urisdiction but onl" absolves the defendant and
ac2uits him.
* $xtinction of crime by prescription does not extinguish civil liability unless
extinction proceeds from a declaration in a final judgment that the fact from which
the civil liability might arise did not exist.
* !here the special law such as the #opyright 9aw provides for its own prescriptive
period, said special law will govern. -ct ))(4 will not be applied.
P%#s-%'0"'o* o2 C%')#s 4A%"/ DE1
Penalty or Felony Time after hich !rime ill Prescribe
Ceath, reclusion perpetua or
reclusion temporal
(5 years
Other afflictive penalties &@ years
#orrectional penalty, except arresto
mayor
&5 years
-rresto mayor @ years
9ibel or other similar offenses & year
Oral defamation and slander by deed 4 months
9ight offenses ( months
P%#s-%'0"'(# 0#%'o,s o2 o22#*s#s 0!*'s$#, !*,#% s0#-'a a7s a*, )!*'-'0a
o%,'*a*-#s 4A-" No/ ?BF?1
Penalty or "ffense Time after hich offense ill #rescribe
3ine only' or
imprisonment for not more than &
month,
Or both,
& year
Imprisonment for more than & month,
but less than ( years
1 years
Imprisonment for ( years or more but
less than 4 years
? years
Imprisonment for 4 years or more &( years
Internal +evenue 9aw offenses @ years
Iiolations of municipal ordinances ( months
137
CALLANTA
Iiolations of the regulations or
conditions of certificate of
convenience by the "ublic 8ervice
#ommission
( months
Art. 85. "omputation of prescription of offenses. K The perio) of prescription
shall commence to r$n from the )a( on which the crime is )isco+ere) '( the
offen)e) part(4 the a$thorities4 or their agents4 an) shall 'e interr$pte) '( the
filing of the complaint or information4 an) shall commence to r$n again when s$ch
procee)ings terminate witho$t the acc$se) 'eing con+icte) or ac*$itte)4 or are
$n=$stifia'l( stoppe) for an( reason not imp$ta'le to him.
The term of prescription shall not r$n when the offen)er is a'sent from the
hilippine Archipelago.
T$# a2o%#)#*"'o*#, %!#, $o7#(#% 's *o" a00'-ab# '* "$# 2oo7'*3 -as#s.
a. In continuing crimes where the prescriptive period will start to run only at the
termination of the intended result'
b. In crimes which are not concealed because there is a constructive notice to
the public, such as to those which involve a public document registered in
public offices. It is a rule that registration is tantamount to a declaration to the
whole world. In such cases, the prescriptive period shall commence from the
time of the registration of the document.
c. In the crime of false testimony where the prescriptive period is reckoned from
the day of final judgment is rendered by the court and not at the time the
false testimony was made.
If there is nothing concealed 4appears in a public document5, the crime commences to run on
the date of the commission
!eriod of prescription for crimes that is continuing never runs
Crime needs to be discovered by+
a5 offended part"
b5 authorities
c5 their agents
(f a person witnesses the crime but onl" tells the authorities 28 "ears later, prescription
commences on the da" the authorities were told.
;Commission of the crime is public= ?? This does not mean alone that the crime was within public
#nowledge or committed in public.
Illustration8
(n the crime of falsification of a document that was registered in the proper registr" of the government like
the -egistr" of !ropert" or the -egistr" of 9eeds of the %ivil registr", the falsification is deemed public
from the time the falsified document was registered or recorded in such public office so even though, the
offended part" ma" not reall" know of the falsification, the prescriptive period of the crime shall alread" run
from the moment the falsified document was recorded in the public registr". 3o in the case where a deed
of sale of a parcel of land which was falsified was recorded in the corresponding -egistr" of !ropert", the
owner of the land came to know of the falsified transaction onl" after 1; "ears, so he brought the criminal
action onl" then. #he 3upreme %ourt ruled that the crime has alread" prescribed. From the moment the
falsified document is registered in the 3egistry of "roperty, the prescriptive period already commenced to
run ,Constructive notice rule-.
Khat interrupts prescriptionD
a5 preliminar" examination or investigation w?c is similar to &udicial proceeding
b5 filing the proper complaint w? the fiscalBs office and the prosecutor. !olice not included.
138
CALLANTA
c5 7iling complaint with the court that has proper &urisdiction
The prescription of the crime is interrupted or suspended 1
415 'hen a complaint is filed in a proper baranga" for conciliation or mediation as re2uired b" %hapter
., >ocal Fovernment %ode, but the suspension of the prescriptive period is good only for IA
days. fter which the prescription will resume to run, whether the conciliation or mediation is
terminated for not/
425 'hen criminal case is filed in the prosecutorBs office, the prescription of the crime is suspended
until the accused is convicted or the proceeding is terminated for a cause not attributable to the
accused.
* Aoliday is not a legal efficient cause which interrupts the prescription of the
offense. !here the last day to file an information falls on a 8unday or legal holiday,
the prescriptive period cannot be extended up to the next working day.
* $ut where the crime is subject to -ummary "rocedure, the prescription of the crime will be suspended
onl" when the information is alread" filed with the trial court. (t is not the filing of the complaint, but the
filing of the information in the trial which will suspend the prescription of the crime.
* If the case involves a minor offense and it is filed in the fiscal:s office, the filing of
the case in the fiscal:s office will not interrupt the running of the period of
prescription.
Khen the period commences to run again
a5 'hen the proceeding is terminated without the accused being convicted or
ac2uitted
b5 'hen the proceeding is un&ustifiabl" stopped for a reason not imputable to the
offender
1when such proceedings terminate0 termination that is final1 an unappealed conviction or
ac2uittal
1unjustifiably stopped for any reason0 example* accused evades arrest, proceedings must be
stopped
rt C& applies to a special law when said law does not provide for the application but onl"
provides for the period of prescription
* The prevailing rule now is, prescription of the crime is not waivable, 'hen a crime prescribes, the 3tate
loses the right to prosecute the offender, hence, even though the offender may not have filed a motion to
(uash on this ground the trial court, but after conviction and during the appeal he learned that at the time
the case was filed, the crime has already prescribed, such accused can raise the (uestion of prescription
even for the first time on appeal, and the appellate court shall have no jurisdiction to continue, if legally,
the crime has indeed prescribed.
Art. 8:. $hen and how penalties prescribe. K The penalties impose) '( final
sentence prescri'e as follows:
5. 0eath an) recl$sion perpet$a4 in twent( (ears>
:. #ther afflicti+e penalties4 in fifteen (ears>
9. Correctional penalties4 in ten (ears> with the e,ception of the penalt( of
arresto ma(or4 which prescri'es in fi+e (ears>
?. Light penalties4 in one (ear.
W$#* P#*a"'#s P%#s-%'b# 4A%"/ D>1
Penalty Pres#ri%tive Period
Ceath
+eclusion perpetua
(5 years
Other afflictive penalties &@ years
139
CALLANTA
#orrectional penalties, except arresto
mayor
&5 years
-rresto mayor @ years
9ight penalties & year
)ote that final sentence must be imposed
* The penalty, to be subject of prescription must have been imposed by final
judgment. Thus, if - after conviction by the trial court, appealed the decision, and
escaped from jail where he has been detained during the trial, the penalty will never
prescribe. In prescription of penalty, the offender must be serving sentence, and
must have escaped, committing the crime of $vasion of 8entence. 3rom the day he
escaped, the prescription of penalty commence to run.
P%ob#)6 - was sentenced to reclusion temporal for homicide and while
serving sentence, for January &, &>?5. Ae must be able to elude authorities up to
January (, &>>@ to consider the penalty prescribed. 8upposed he was arrested after
five *@% years of escape 6 that is, on January &, &>?@, and was able to hide for just
ten *&5% more years. The five-year period during his first escape must have to be
considered for purposes of completing the fifteen *&@%-year period for the
prescription of the penalty of Aomicide.
(f a convict can avail of mitigating circumstances and the penalt" is lowered, it is still the
original penalt" that is used as the basis for prescription. 0owever, if the convict alread"
serves a portion of his sentence and escapes after, the penalt" that was imposed 4not the
original5 shall be the basis for prescription
7ines less than 2;; fall under light penalt". #hose above are correccional.
Art. 89. "omputation of the prescription of penalties. K The perio) of
prescription of penalties shall commence to r$n from the )ate when the c$lprit
sho$l) e+a)e the ser+ice of his sentence4 an) it shall 'e interr$pte) if the
)efen)ant sho$l) gi+e himself $p4 'e capt$re)4 sho$l) go to some foreign co$ntr(
with which this Go+ernment has no e,tra)ition treat(4 or sho$l) commit another
crime 'efore the e,piration of the perio) of prescription.
"lements:
a5 penalt" is final
b5 convict evaded the sentence
c5 convict has not given himself up
d5 penalt" has prescribed because of lapse of time from the date of the evasion of
the service of the sentence
* <n the prescription of the penalt", the period will onl" commence to run when the convict has begun to
serve the sentence. ctually, the penalty will prescribe from the moment the convict evades the service of
the sentence. 3o if an accused was convicted in the trial court, and the conviction becomes final and
executor", so this fellow was arrested to serve the sentence, on the wa" to the penitentiar", the vehicle
carr"ing him collided with another vehicle and overturned, thus enabling the prisoner to escape, no matter
how long such convict has been a fugitive from &ustice, the penalt" imposed b" the trial court will never
prescribe because he has not "et commenced the service of his sentence. For the penalty to prescribe,
he must be brought to ,untinlupa, boo#ed there, placed inside the cell and thereafter he escapes.
Interruption of the period
(f the defendant surrenders
(f he is captured
(f he should go into a foreign countr" with which the !hilippines has no extradition
treat"
140
CALLANTA
* "resently the "hilippines has an extradition treaty with Taiwan, Indonesia, +anada, ustralia, ;- and
-wit!erland
(f he should commit another crime before the expiration of the period of
prescription
* The moment the convict commits another crime while he is fugitive from justice, prescriptive period of
the penalty shall be suspended and shall not run in the meantime. The crime committed does not include
the initial evasion of service of sentence that the convict must perform before the penalty shall begin to
prescribe, so that the initial crime of evasion of service of sentence does not suspend the prescription of
penalty, it is the commission of other crime, after the convict has evaded the service of penalty that will
suspend such period.
Acceptance of a conditional pardon4"eople v. "untilos'
(f a government has an extradition treat" w? the countr" to w?c a convict escaped and the
crime is not included in the treat", the running of the prescription is interrupted
3entence evasion clearl" starts the running of the prescription. (t does not interrupt it.
cceptance of the conditional pardon interrupts the prescriptive period.
3olito 9o case* since he was captured, he is onl" supposed to serve the remainder of his
sentence. 3eason8 during the period he escaped, his existence is one of fear and discomfort
Art. 8?. Partial 6xtinction of criminal liability& K Criminal lia'ilit( is
e,ting$ishe) partiall(:
5. 1( con)itional par)on>
:. 1( comm$tation of the sentence> an)
9. 2or goo) con)$ct allowances which the c$lprit ma( earn while he is ser+ing
his sentence.
Con)itional par)on contract between the sovereign power of the executive and the convict
%onvict shall not violate an" of the penal laws of the !hilippines
,iolation of conditions*
<ffender is re$arrested and re$incarcerated
!rosecution under Art. 18:
Comm$tation change in the decision of the court b" the chief regarding the
415 degree of the penalt"1
425 b" decreasing the length of the imprisonment or fine
Commutation allowed when+
a5 person over .; "rs old
b5 1; &ustices fail to reach a decision affirming the death penalt"
%onsent not necessar" in commutation
!risoner is also allowed special time allowance for loyalty w?c is 1?8 deduction of
the period of his sentence.
AR#L" consists in the suspension of the sentence of a convict after serving the minimum
term of the indeterminate penalt", without granting pardon, prescribing the terms upon which the
sentence shall be suspended. In case his parole conditions are not observed, a convict ma" be
returned to the custod" and continue to serve his sentence without deducting the time that
elapsed.
C#N0ITI#NAL AR0#N AR#L"
Fiven after final &udgement Fiven after service of the minimum penalt"
Franted b" %hief 6xecutive Fiven b" the =d of !ardons and !arole
7or violation, convict ma" not be prosecuted 7or violations, ma" be rearrested, convict
141
CALLANTA
under 18: serves remaining sentence
9ood conduct allowance during confinement
9eduction for the term of sentence for good behavior
Goo) con)$ct allowance
#his includes the allowance for lo"alt" under Article :E, in relation to Article 18E. convict who escapes
the place of confinement on the occasion of disorder resulting from a conflagration, earth(ua#e or similar
catastrophe or during a mutiny in which he has not participated and he returned within DB hours after the
proclamation that the calamity had already passed, such convict shall be given credit of &KG of the original
sentence from that allowance for his loyalty of coming bac#. #hose who did not leave the penitentiar"
under such circumstances do not get such allowance for lo"alt". rticle &GB refers only to those who
leave and return.
Art. 8@. ;bligation incurred by person granted conditional pardon. K
An( person who has 'een grante) con)itional par)on shall inc$r the o'ligation of
compl(ing strictl( with the con)itions impose) therein otherwise4 his non;
compliance with an( of the con)itions specifie) shall res$lt in the re+ocation of
the par)on an) the pro+isions of Article 5@8 shall 'e applie) to him.
%ondition of pardon is limited to unserved portion of the sentence, unless an intention to
extend it be"ond the time is manifest
Art. 8D. 6ffect of commutation of sentence. K The comm$tation of the original
sentence for another of a )ifferent length an) nat$re shall ha+e the legal effect of
s$'stit$ting the latter in the place of the former.
Art. 8G. #llowance for good conduct. K The goo) con)$ct of an( prisoner in
an( penal instit$tion shall entitle him to the following )e)$ctions from the perio)
of his sentence:
5. 0$ring the first two (ears of his imprisonment4 he shall 'e allowe) a
)e)$ction of fi+e )a(s for each month of goo) 'eha+ior>
:. 0$ring the thir) to the fifth (ear4 incl$si+e4 of his imprisonment4 he shall 'e
allowe) a )e)$ction of eight )a(s for each month of goo) 'eha+ior>
9. 0$ring the following (ears $ntil the tenth (ear4 incl$si+e4 of his
imprisonment4 he shall 'e allowe) a )e)$ction of ten )a(s for each month of goo)
'eha+ior> an)
?. 0$ring the ele+enth an) s$ccessi+e (ears of his imprisonment4 he shall 'e
allowe) a )e)$ction of fifteen )a(s for each month of goo) 'eha+ior.
Allowance for good conduct not applicable when prisoner released under conditional pardon.
Food conduct time allowance is given in consideration of good conduct of prisoner while he
is serving sentence.
Allowances for Goo) con)$ct per (ear
Cears Allowance
7irst 2 "ears 8 da"s per month of good behavior
3
rd
to 8
th
"ears E da"s per month of good behavior
7ollowing "ears up to 1;
th
"ear 1; da"s per month of good behavior
11
th
"ear and successive "ears 18 da"s per month of good behavior
Art. 8H. )pecial time allowance for loyalty. K A )e)$ction of one;fifth of the
perio) of his sentence shall 'e grante) to an( prisoner who4 ha+ing e+a)e) the
142
CALLANTA
ser+ice of his sentence $n)er the circ$mstances mentione) in article 5@H of this
Co)e4 gi+es himself $p to the a$thorities within ?H ho$rs following the iss$ance of
a proclamation anno$ncing the passing awa( of the calamit( or catastrophe to in
sai) article.
2pecial time allowance for loyalty of prisoners*
#he article applies onl" to prisoners who escaped
deduction of 1?8 of the period of sentence of prisoner who having evaded the
service of his sentence during the calamit" or catastrophe mentioned in Art 18E, gives
himself up to the authorities w?in 4E hrs ff the issuance of the proclamation b" the
!resident announcing the passing awa" of the calamit" or catastrophe
deduction based on the original sentence and not on the unexpired portion
Art $5# provides for increased penalties+
$ a convict who has evaded the service of his sentence b" leaving the penal institution on
the occasion of disorder resulting from conflagration, earth2uake or similar catastrophe or
during mutin" in which he did not participate is liable to an increased penalt" 41?8 of the time
still remaining to be served not to exceed / months5, if he fails to give himself up to the
authorities w?in 4E hrs ff the issuance of a proclamation b" the !resident announcing the
passing awa" of the calamit".
Art. 88. $ho grants time allowances. K Whene+er lawf$ll( =$stifie)4 the
0irector of risons shall grant allowances for goo) con)$ct. %$ch allowances
once grante) shall not 'e re+o6e).
a5 authorit" to grant time allowance for good conduct is exclusivel" vested in the 9irector of
prisons 4e.g. provincial warden cannot usurp 9irectorBs authorit"5
b5 it is not an automatic right and once granted, cannot be revoked b" him
CI&IL LIA1ILIT.
A-"s o% o)'ss'o*s %#s!"'*3 '* 2#o*'#s 0%o,!-# "7o -ass#s o2
'*5!%'#s. The first injury is directed against the state and is known as ;so-'a
'*5!%&<. The offended party is the government or the collective right of our people.
It is repaired through the imposition of penalties. The second injury is directed to the
private offended party and is known as ;0#%so*a '*5!%&<. The injury is caused to
the victim of the crime who may have suffered damage, either to his person, to his
property, or to his honor which is compensated by way of indemnity which is civil in
nature.
- person criminally liable is also civilly liable. The award of civil damages
arising from crime is governed by the +evised "enal #ode, subject to the provisions
of -rticle )(, )) and )1 of the Hew #ivil #ode. "rocedural aspect of the civil liability
of the accused, +ule &&& of the +evised +ules of #ourt governs. S#-"'o* =, R!#
=== provides that.
8ection &. *nstitution of criminal and civil actions. 6 !hen a criminal action is
instituted, the civil action for the recovery of civil liability is implied instituted with
the criminal action, unless the offended party waives the civil action, reserves his
right to institute it separately, or institutes the civil action prior to the criminal
action.
- waiver of any of the civil actions extinguishes the others. The institution of,
or the reservation of the right to file, any of said civil actions separately waives the
others.
143
CALLANTA
In no case may the offended party recover damages twice for the same act or
omission of the accused.
In cases wherein the amount of damages, other than actual, is alleged in the
complaint or information, the corresponding filing fees shall be paid by the offended
party upon the filing thereof in court for trial.
#ivil liability in the aforecited rule is predicted on the crime committed by the
offender. *f the civil liability arose from crimes covered under "rticles &#, && and &6
and #,57 of the 8ew 0ivil 0ode, an independent civil action can be instituted, either
before or after the filing of the criminal case, provided that in the latter case, the
offended party ma(es an e)press reservation to file a separate civil action. !hen a
civil action is filed as stated above, the same is suspended upon filing of the criminal
action, meaning, the trial is not to be done until the criminal case is resolved or
decided. This rule, however, is not applicable if the civil liability that is separately
instituted, arises or originates from the provisions of -rticles )(, )) and )1 of the
#ivil #ode.
It is necessary, however that the civil liability under all said articles arise from
the same act or omission of the accused.
!hen the civil liability arising from the crime is different from civil liability
arising from the #ivil #ode, if civil liability is already awarded in the criminal action,
the offender cannot again claim civil liability arising from crime, and one arising from
,uasi-delict.
C'(' L'ab''"'#s (s/ P#-!*'a%& L'ab''"'#s
Civil Liability Pe#uniary Liability
Includes reparation of damage
caused and indemnification for
conse,uential damages
Includes reparation of damages
caused and indemnification for
conse,uential damages
Includes restitution Coes not include restitution
Coes not include fines and costs of
the proceedings
Includes fine and the costs of the
proceedings
Art. 5II. "ivil liability of a person guilty of felony. K "+er( person criminall(
lia'le for a felon( is also ci+ill( lia'le.
1asis:
K obligation to repair or to make whole the damage caused to another b" reason of an act or
omission, whether done intentionall" or negligentl" and whether or not punishable b" law
* If the crime is one from which no civil liability may arise, like Illegal "ossession of
3irearm *".C. &?44 as amended by +.-. ?(>1%, or illegal sale, transport or possession
of prohibited drugs *+.-. 41((@ as amended by +.-. E4@>%, the convict incurs no civil
liability.
0$al character of the crime as against:
a5 the state because of the disturbance of peace and order
b5 the private person in:ured unless it involves the crime of treason, rebellion,
espionage, contempt and others where no civil liabilit" arises on the part of the
offender either because there are no damages or there is no private person in&ured b"
the crime
* The civil liability of the accused may be enforced in the criminal action or in a
direct civil action. The choice is in the offended party. If his preference is to
prosecute the civil action in the criminal proceedings, he cannot be compelled to
institute a separate civil action instead. (Pp vs& 7uido, >? Phil& >4)
0amage that ma( 'e reco+ere) in criminal cases:
144
CALLANTA
+rimes against persons, li#e crime of physical injuries whatever he spent for treatment of
wounds, doctorBs fees, medicines as well as salar" or wages unearned
,oral =amages* seduction, abduction, rape or other lascivious acts, adulter" or
concubinage, illegal or arbitrar" detention or arrest, illegal search, libel, slander or an" other
form of defamation, malicious prosecution
2xemplary =amages* imposed when crime was committed with one or more aggravating
circumstances
1!TE2+
* (f there is no damage caused b" the commission of the crime, offender is not civill" liable
* 9ismissal of the info or the crime action does not affect the right of the offended part" to
institute or continue the civil action alread" instituted arising from the offense, because such
dismissal does not carr" with it the extinction of the civil one.
* 'hen accused is ac2uitted on ground that his guilt has not been proven be"ond reasonable
doubt, a civil action for damages for the same act or omission ma" be instituted
* !hen during the trial what was established was only the civil aspect of the case
and the same facts adduced did not constitute a crime, civil liability is also awarded.
(Padilla vs& "ourt of #ppeals, 24: )"!# >>F)
* 6xemption from criminal liabilit" in favor of an imbecile or insane person, and a person under :
"rs, or over : but under 18 who acted w? discernment and those acting under the impulse of
irresistible force or under the impulse of an uncontrolable fear of an e2ual or greater in&ur" does
not include exemption from civil liabilit".
* Ac2uittal in the criminal action for negligence does not preclude the offended part" from filing a
civil action to recover damages, based on the theor" that the act is 2uasi$delict
* 'hen the court found the accused guilt" of criminal negligence but failed to enter &udgement of
civil liabilit", the private prosecutor has a right to appeal for the purposes of the civil liabilit" of the
accused. #he appellate court ma" remand the case to the trial court for the latter to include in its
&udgement the civil liabilit" of the accused
* !here the accused was convicted in a criminal case but the court did not make
any pronouncement on his civil liability, such omission on the part of the court will
not operate to prevent or bar the offended party to file a separate civil action.
(*achrach Aotors, Inc& vs& 7amboa, 2G2 Phil& 242:) 8ilence is the declaration that the same
is reserved by the complainant and will not operate as res judicata.
* =efore expiration of the 18$da" for appealing, the trial court can amend the &udgement of
conviction b" adding a provision for the civil liabilit" of the accused, even if the convict has
started serving the sentence.
* n IN0""N0"NT CI&IL ACTI#N may be brought by the injured party during the pendency
of the criminal case provided the right is reserved& !eservation is necessary in the ff cases-
1. an" of the cases referred to in Art 32 4violation of ones fundamental rights5
2. defamation, fraud and ph"sical in&ur" 4bodil" in&ur" and not the crime of ph"sical
in&ur"54Art.335
3. civil action is against a member of a cit" or municipal police force for refusing or
failing to render aid or protection to an" person in case of danger to life or
propert"4Art.345
4. in an action for damage arising from fault or negligence and there is no pre$
existing contractual relation between the parties 42uasi$delict54Art.21./5
145
CALLANTA
R"730ICIAL E3"%TI#N one w?c arises in a case, the resolution of which is a logical
antecedent of the issue involved in said case and the cogni+ance of which pertains to another
tribunal.
The following %#G!'s'"#s must be present.
&. The civil case involves facts intimately related with those of the criminal case'
and
2. The resolution of the issue or issues raised in the civil action wherein the guilt
or innocence of the accused would necessarily be determined. ()ec& >, !ule 222,
!!")
For the principle to apply, it is essential that there be 2 cases involved, a civil and a criminal
case. !re&udicial 2uestions ma" be decided before an" criminal prosecution ma" be instituted
or ma" proceed.
An independent civil action ma" be brought b" the in&ured part" during the pendenc" of the
criminal case, provided that the right is reserved
* !hen the civil aspect of the case is not reserved but is prosecuted in the criminal
action, the offended party may, by appropriate motion, pray or ask the trial court to
issue a writ of preliminary attachment against the property of the accused as
security for the satisfaction of any judgment that may be awarded in favor of the
offended party upon the termination of the case.
* If the offended party in a criminal case is represented by a private prosecutor, he
cannot file a separate civil action.
* If the offended party is represented by a private prosecutor and the latter did not
produce evidence to prove civil liability and the case was resolved without the
evidence to prove civil liability and the case was resolved without the court
disposing of the civil aspect of the case, the decision of the court shall operate as a
bar to the recovery of civil liability. In a criminal case, the presence of a private
prosecutor is justified because of the civil aspect of the case. -s a rule, the moment
the private prosecutor makes a manifestation that the offended party is reserving
the civil aspect of the case, he is immediately dis,ualified to appear as private
prosecutor. (!oas vs& dela "ru,)
2xtinction of the penal action does not carry with it the extinction of the civil, unless the
extinction proceeds from a declaration in a final &udgement that the fact from which the civil
might arise did not exist
/ In a criminal case, the civil liability of the employee is enforceable against the
employer if the former is insolvent.
Art. 5I5. !ules regarding civil liability in certain cases. K The e,emption from
criminal lia'ilit( esta'lishe) in s$')i+isions 54 :4 94 @ an) D of article 5: an) in
s$')i+ision ? of article 55 of this Co)e )oes not incl$)e e,emption from ci+il
lia'ilit(4 which shall 'e enforce) s$'=ect to the following r$les:
.irst. In cases of s$')i+isions 54 :4 an) 9 of Article 5:4 the ci+il lia'ilit( for acts
committe) '( an im'ecile or insane person4 an) '( a person $n)er nine (ears of
age4 or '( one o+er nine '$t $n)er fifteen (ears of age4 who has acte) witho$t
)iscernment4 shall )e+ol+e $pon those ha+ing s$ch person $n)er their legal
146
CALLANTA
a$thorit( or control4 $nless it appears that there was no fa$lt or negligence on
their part.
%ho$l) there 'e no person ha+ing s$ch insane4 im'ecile or minor $n)er his
a$thorit(4 legal g$ar)ianship or control4 or if s$ch person 'e insol+ent4 sai)
insane4 im'ecile4 or minor shall respon) with their own propert(4 e,cepting
propert( e,empt from e,ec$tion4 in accor)ance with the ci+il law.
)econd. In cases falling within s$')i+ision ? of Article 554 the persons for whose
'enefit the harm has 'een pre+ente) shall 'e ci+ill( lia'le in proportion to the
'enefit which the( ma( ha+e recei+e).
The co$rts shall )etermine4 in so$n) )iscretion4 the proportionate amo$nt for
which each one shall 'e lia'le.
When the respecti+e shares cannot 'e e*$ita'l( )etermine)4 e+en appro,imatel(4
or when the lia'ilit( also attaches to the Go+ernment4 or to the ma=orit( of the
inha'itants of the town4 an)4 in all e+ents4 whene+er the )amages ha+e 'een
ca$se) with the consent of the a$thorities or their agents4 in)emnification shall 'e
ma)e in the manner prescri'e) '( special laws or reg$lations.
'hird. In cases falling within s$')i+isions @ an) D of Article 5:4 the persons $sing
+iolence or ca$sing the fears shall 'e primaril( lia'le an) secon)aril(4 or4 if there
'e no s$ch persons4 those )oing the act shall 'e lia'le4 sa+ing alwa(s to the latter
that part of their propert( e,empt from e,ec$tion.
General *ule* exemption from criminal liabilit" does not include exemption from civil liabilit"
Exception* no civil liability in par D and Eof art &). !ar 1,2,3,8 and / are )<# exempt from civil
liabilit" although exempt from criminal liabilit"
Who are ci+ill( lia'le for:
a. acts of insane or minor exempt from criminal liability
8. primaril" devolve upon perosns having legal authorit" or control over him, if at
fault or negligent 4except if proven that the" acted w?o fault or w? due diligence5
/. if no fault or negligence, or even w? fault but is insolvent and there are no persons
having legal authorit" over them, the propert" of the insane, minor or imbecile not
exempt from execution shall be held liable.
b. over $5 but under $# w. discernment
1. civil code sa"s parent 4dad then mom5T
2. guardians
3. minors own propert" where a guardian ad litem shall be appointed
* In actual practice, when a minor or an insane person is accused of a crime, the
court will in,uire who are the persons exercising legal control upon the offender.
!hen the names of such persons are made known to the court, they are re,uired to
participate in the proceedings, not only to help the accused in his defense but also
for said persons in legal authority to protect their interests as persons primarily
liable to pay the civil liability caused by the minor or insane. They may, however,
invoke the defense embodied under "rticle #,$% of the Hew #ivil #ode which
provides that in order to escape civil liability, the persons primarily liable must prove
that they observed all the diligence of a god father of a family to prevent damages.
* In the event that the minor or insane has no parents or guardian, the court will
appoint a guardian ad litem to protect the interests of the minor or insane. In such a
case, the court will render judgment fixing the civil liability of the minor or insane
147
CALLANTA
and under such a situation, the property of the minor shall be primarily liable in the
payment of civil liability.
Dfinal release of a child based on good conduct does not remove his civil liabilit" for
damages.
c. persons acting under an irresistible force or uncontrollable fear
1. persons using violence or causing the fear are primaril" liable
2. if there are none, those doing the act
d. no civil liability in :ustifying circumstances 6G%6!#* par 4 of Art 11, the one
benefited b" the act is civill" liable.
e. civil liability in case of state of necessity
#hose who benefited b" the act and court shall determine the proportionate
amount for which each shall be liable. (f the government or ma&orit" of the inhabitants
are liable, such will be determined b" special laws or regulations.
Art. 5I:. )ubsidiary civil liability of inn%eepers, tavern%eepers and proprietors of
establishments. K In )efa$lt of the persons criminall( lia'le4 inn6eepers4
ta+ern6eepers4 an) an( other persons or corporations shall 'e ci+ill( lia'le for
crimes committe) in their esta'lishments4 in all cases where a +iolation of
m$nicipal or)inances or some general or special police reg$lation shall ha+e 'een
committe) '( them or their emplo(ees.
Inn6eepers are also s$'si)iaril( lia'le for the restit$tion of goo)s ta6en '(
ro''er( or theft within their ho$ses from g$ests lo)ging therein4 or for the
pa(ment of the +al$e thereof4 pro+i)e) that s$ch g$ests shall ha+e notifie) in
a)+ance the inn6eeper himself4 or the person representing him4 of the )eposit of
s$ch goo)s within the inn> an) shall f$rthermore ha+e followe) the )irections
which s$ch inn6eeper or his representati+e ma( ha+e gi+en them with respect to
the care an) +igilance o+er s$ch goo)s. No lia'ilit( shall attach in case of ro''er(
with +iolence against or intimi)ation of persons $nless committe) '( the
inn6eeperLs emplo(ees.
Elements of 0ar $+
1. #hat the innkeeper of the establishment or his emplo"ee committed a violation of
municipal ordinance or some general or special police regulation
2. A crime is committed in such establishment
3. !erson criminall" liable is insolvent
* !hen the foregoing circumstances are present in the commission of the crime, the
civil liability of the offender shall also be the civil liability of the owners of the
establishments. 8uch civil liability arises only if the person criminally liable is
insolvent because the nature of the liability of the innkeeper and the others is only
s!bs','a%&/
Elements of 0ar "+
1. guests notified in advance the innkeeper of the deposit of such goods w?in the inn
2. guests followed the directions of the innkeeper w? respect to the care and
vigilance over the such goods
3. such goods of the guest lodging therein were taken b" robber" w? force upon things or
theft
'hen all these are present, the innkeeper is subsidiaril" liable
148
CALLANTA
No civil liability in case of robbery wK violence against or intimidation of person, unless
committed b" the innkeeperBs emplo"ees
Actual deposit of the things of the guest to the innkeeper is not necessar", it is enough that
the" were within the inn.
* The -upreme +ourt ruled that even though the guest did not obey the rules and regulations prescribed
by the management for safe#eeping of the valuables, this does not absolve management from the
subsidiary civil liability. )on$compliance with such rules and regulations b" the guests will onl" be
regarded as contributor" negligence, but it wonBt absolve the management from civil liabilit".
Art. 5I9. )ubsidiary civil liability of other persons. K The s$'si)iar( lia'ilit(
esta'lishe) in the ne,t prece)ing article shall also appl( to emplo(ers4 teachers4
persons4 an) corporations engage) in an( 6in) of in)$str( for felonies committe)
'( their ser+ants4 p$pils4 wor6men4 apprentices4 or emplo(ees in the )ischarge of
their )$ties.
Elements
a. emplo"er, teacher, person or corporation is engaged in an" kind of industr"
b. an" of their servants, pupils, workmen, apprentices of emplo"ees commits a felon" while in
the discharge of his duties which are related to the business of his emplo"er
c. the said emplo"ee is insolvent and has not satisfied his civil liabilit"
Industry an" department or branch of art, occupation or business1 especiall" one w?c
emplo"s so much labor and capital is a distinct branch of trade
0ospitals are not engaged in industr"1 hence not subsidiaril" liable for acts of nurses
!rivate persons w?o business or industr", not subsidiarill" liable
* there is no need to file a civil action against the employer in order to enforce the subsidiary civil liability
for the crime committed by his employee, it is enough that the writ of execution is returned unsatisfied.
* In the trial of the case, if the court will allow the participation of the employer to
protect its civil liability, it cannot put up the defense of diligence of a good father of
a family. 8uch kind of defense is available only if the action is based or predicated
on ,uasi-delict under -rticle (&?5 of the #ivil #ode.
D's"'*-"'o*s b#"7##* the civil liability of the employer under A%"'-# =E? of
the +evised "enal #ode and his liability under A%"'-# >=CE of the Hew #ivil #ode.
1. As "o "$# so!%-# o2 "$# -'(' 'ab''"& o2 "$# o22#*,#%:#)0o&#%-
0nder -rticle &5) of the +evised "enal #ode, the civil liability arises from
crime, while under -rticle (&?5, the obligation arises from ,uasi-delict.
>/ As "o "$# *a"!%# o2 "$# 'ab''"& o2 "$# #)0o&#%/
The liability of the employer under the +"# is subsidiary, while under the #ivil
#ode, it is direct and primary'
?/ As "o 7$#"$#% a s#0a%a"# -o)0a'*" )!s" b# 2'#, a3a'*s" "$#
#)0o&#%/
0nder the +"#, the filing of a separate complaint against the operator for
recovery of subsidiary liability is clear from the decision of conviction against
the accused. 0nder the #ivil #ode, the complaint must be filed against the
employer because his liability is direct and primary.
@/ As "o "$# *#-#ss'"& o2 0%#('o!s -o*('-"'o* '* a -%')'*a -as#/
149
CALLANTA
The +"# re,uires previous conviction of the offender-employer. 8uch is not
re,uired under the #ivil #ode.
A/ As "o "$# a(a'ab''"& o2 "$# ,#2#*s# o2 "$# ;#9#%-'s# o2 ,''3#*-# o2 a
3oo, 2a"$#% o2 "$# 2a)'& '* "$# s##-"'o* a*, s!0#%('s'o* o2
#)0o&##/<
This defense is not available to defeat the employer:s subsidiary liability under
the +"#. On the other hand, the #ivil #ode allows such defense in favor of the
employer.
* - judgment of conviction sentencing a defendant employee to pay an indemnity is
conclusive upon the employer in an action for the enforcement of the latter:s
subsidiary liability. (!otea vs& @alili, 2G: Phil& J:>)
* -c,uittal of the driver in the criminal case is not a bar to the prosecution of the
civil action based on ,uasi-delict. The source of obligation in the criminal case is
-rticle &5), or obligations arising from crime, while the civil action is based on -rticle
(&E4 or ,uasi-delict. -rticle &&@E of the #ivil #ode provides that ,uasi-delicts and
acts or omissions punishable by law are two different sources of obligations&( irata
vs& ;choa )
Art. 5I?. $hat is included in civil liability. K The ci+il lia'ilit( esta'lishe) in
Articles 5II4 5I54 5I:4 an) 5I9 of this Co)e incl$)es:
5. Restit$tion>
:. Reparation of the )amage ca$se)>
9. In)emnification for conse*$ential )amages.
7irst remed" granted b" law is no. 1, in case this is not possible no. 2.
(n either case, no. 3 ma" be re2uired
R"%TIT3TI#N in theft, the culprit is dut" bound to return the propert" stolen
R"ARATI#N in case of inabilit" to return the propert" stolen, the culprit must pa" the
value of the propert" stolen.
(n case of ph"sical in&uries, the reparation of the damage cause would consist in the pa"ment
of hospital bills and doctorBs fees to the offended part"
IN0"MNI2ICATI#N the lost of salar" or earnings
CI&IL LIA1ILITI"% "C3NIAR. LIA1ILITI"%
(ncludes reparation and indemnification 3ame
(ncludes restitution 4return propert" taken5,
nothing to pa" in terms of mone"
)o restitution as the liabilities are to be paid
out of the propert" of the offender
)o fines and costs of proceedings (ncludes fines and costs of proceedings
Art. 5I@. !estitution& M @ow made. K The restit$tion of the thing itself m$st 'e
ma)e whene+er possi'le4 with allowance for an( )eterioration4 or )imin$tion of
+al$e as )etermine) '( the co$rt.
The thing itself shall 'e restore)4 e+en tho$gh it 'e fo$n) in the possession of a
thir) person who has ac*$ire) it '( lawf$l means4 sa+ing to the latter his action
against the proper person4 who ma( 'e lia'le to him.
This pro+ision is not applica'le in cases in which the thing has 'een ac*$ire) '(
the thir) person in the manner an) $n)er the re*$irements which4 '( law4 'ar an
action for its reco+er(.
150
CALLANTA
#he convict cannot b" wa" of restitution, give to the offended part" a similar thing of the
same amount, kind or species and 2ualit". The very thing should be returned.
(f the propert" stolen while in the possession of the third part" suffers deterioration due to his
fault, the court will assess the amount of the deterioration and, in addition to the return of the
propert", the culprit will be ordered to pa" such amount
General *ule+ the owner of the propert" illegall" taken b" the offender can recover it from
whomsoever is in possession thereof. #hus, even if the propert" stolen was ac2uired b" a 3
rd
person b" purchase w?o knowing that it has been stolen, such propert" will be returned to the
owner.
Exception+ purchased in a public sale or auction in good faith
*estitution or restoration presupposes that the offended part" was divested of propert", and such
propert" must be returned. If the property is in the hands of a third party, the same shall nevertheless be
ta#en away from him and restored to the offended party, even though such third part" ma" be a holder for
value and a bu"er in good faith of the propert", except when such third party buys the property from a
public sale where the law protects the buyer.
(f the thing is ac2uired b" a person #nowing that it was stolen, then he is an accessor" and
therefore criminall" liable%liable under anti?fencing law5
#he third part" who ac2uired the stolen propert" ma" be reimbursed w? the price paid
therefor if it be ac2uired at 4a5 a public sale and 4b5 in good faith
Circumstances which bar an action for recovery+
1. #orrens title
2. 'hen sale is authori+ed
0hen the liability to return a thing arises from a contract, not from a criminal act, the court
cannot order its return in the criminal case.
-estitution ma" be ordered, even if accused is ac2uitted, provided the offense is proved and
it is shown that the thing belongs to someone else
* The obligation of the offender transcends to his heirs, even if the offender dies, provided he died after
judgment became final, the heirs shall assume the burden of the civil liability, but this is only to the extent
that they inherit property from the deceased, if they do not inherit, they cannot inherit the obligations.
0hen crime is not against property, no restitution or reparation of the thing can be done
* -ome believed that this civil liability is true only in crimes against property, this is not correct.
-egardless of the crime committed, if the propert" is illegall" taken from the offended part" during the
commission of the crime, the court ma" direct the offender to restore or restitute such propert" to the
offended part". It can only be done if the property is brought within the jurisdiction of that court.
#he court has authorit" to order the reinstatement of the accused ac2uitted of a crime
punishable b" the penalt" of perpetual or temporar" dis2ualification
* If the property cannot be restituted anymore, then the damage must be repaired, re2uiring the offender
to pa" the value thereof, as determined b" the court. That value includes the sentimental value to the
offended party, not only the replacement cost. =ut if what would be restored is brand new, then there will
be an allowance for depreciation, otherwise, the offended part" is allowed to enrich himself at the expense
of the offender.
Art. 5ID. !eparation& M @ow made& K The co$rt shall )etermine the amo$nt of
)amage4 ta6ing into consi)eration the price of the thing4 whene+er possi'le4 an)
its special sentimental +al$e to the in=$re) part(4 an) reparation shall 'e ma)e
accor)ingl(.
Notes:
-eparation will be ordered b" the court if restitution is not possible
151
CALLANTA
*eparation shall be
a5 the price of the thing
b5 its sentimental value
* In case of -3MAN LI2", reparation of the damage cause is basicall" !8;,;;;.;; value of human life,
exclusive of other forms of damages. #his !8;,;;;.;; ma" also increase whether such life was lost
through intentional felon" or criminal negligence, whether the result of dolo or culpa. lso in the crime of
RA", the damages awarded to the offended woman is generall" !8;,;;;.;; for the damage to her
honor.3upreme %ourt ruled that even if the offended woman does not adduce evidence or such damage,
court can take &udicial notice of the fact that if a woman was raped, she inevitabl" suffers damages.

(f there is no evidence as to the value of the thing unrecovered, reparation cannot be made
!a"ment b" the insurance compan" does not relive the offender of his obligation to repair the
damage caused
#he damages shall be limited to those caused b" the crime
Accused is liable for the damages caused as a result of the destruction of the propert" after
the crime was committed either because it was lost or destro"ed b" the accused himself or
that of an" other person or as a result of an" other cause or causes
Art. 5IG. Indemnification M $hat is included& K In)emnification for
conse*$ential )amages shall incl$)e not onl( those ca$se) the in=$re) part(4 '$t
also those s$ffere) '( his famil( or '( a thir) person '( reason of the crime.
Indemnity refers to crimes against persons1 reparation to crimes against propert"
* Indemnification of conse(uential damages refers to the loss of earnings, loss of profits. #his does not
refer onl" to conse2uential damages suffered b" the offended part"1 this also includes conse2uential
damages to third part" who also suffer because of the commission of the crime.
(ndemnit" for medical services still unpaid ma" be recovered
+ontributory negligence on the part of the offended part" reduces the civil liabilit" of the
offender
#he civil liabilit" ma" be increased onl" if it will not re2uire an aggravation of the decision in
the criminal case on w?c it is based
#he amount of damages for death shall be at least 8;,;;;, even though there ma" have
been mitigating circumstances.
In addition+
1. pa"ment for the loss of the earning capacit"
of the deceased
2. if the deceased was obliged to give support,
the recipient who is not an heir, ma" demand support from the defendant
3. the spouse, illegitimate and illegitimate
descendants and ascendants of the deceased ma" demand for moral damages.
M#RAL 0AMAG"% may be recovered in the ff+
1. ph"sical in&uries
2. seduction, abduction, rape
3. adulter", concubinage
4. illegal or arbitrar" detention
152
CALLANTA
8. illegal search
/. libel, slander, defamation
.. malicious prosecution
"/"MLAR. 0AMAG"% ma" be imposed when the crime was committed with one or more
aggravating circumstances1 cannot be recovered as a matter of right, the court will decide
whether the" should be ad&udicated.
* Indemnification also includes the award of attorney:s fees. "rivate prosecutor is
therefore entitled to the award of attorney:s fees.
Art. 5IH. ;bligation to ma%e restoration, reparation for damages, or
indemnification for consequential damages and actions to demand the same M (pon
whom it devolves. K The o'ligation to ma6e restoration or reparation for )amages
an) in)emnification for conse*$ential )amages )e+ol+es $pon the heirs of the
person lia'le.
The action to )eman) restoration4 reparation4 an) in)emnification li6ewise
)escen)s to the heirs of the person in=$re).
#he heirs of the person liable has no obligation if restoration is not possible and the
deceased left no propert"
+ivil liability is possible only when the offender dies after final judgement.
(f the death of the offender took place before an" final &udgement of conviction was rendered
against him, the action for restitution must necessaril" be dismissed.
* -n action for damages by reason of wrongful death may be instituted by the heirs
of the deceased against the administrator or executor of the estate of the deceased
offender. It cannot be brought by the administrator of the victim:s estate.
Art. 5I8. )hare of each person civilly liable. K If there are two or more persons
ci+ill( lia'le for a felon(4 the co$rts shall )etermine the amo$nt for which each
m$st respon).
* In case of insolvency of the accomplices, the principal shall be subsidiaril" liable for their share
of the indemnit" and in case of the insolvency of the principal, the accomplices shall be
subsidiaril" liable, &ointl" and severall" liable, for the indemnit" due from said principal
* 0hen there are several offenders, the court in the exercise of its discretion shall determine what shall be
the share of each offender depending upon the degree of participation as principal, accomplice or
accessor". (f within each class of offender, there are more of them, such as more than one principal or
more than one accomplice or accessor", the liabilit" in each class of offender shall be subsidiar". An"one
of them ma" be re2uired to pa" the civil liabilit" pertaining to such offender without pre&udice to recover"
from those whose share have been paid b" another.
* If all the principals are insolvent, the obligation shall devolve upon the accomplice4s5 or accessor"4s5.
=ut whoever pa"s shall have the right of recovering the share of the obligation from those who did not pa"
but are civill" liable. In case the accomplice and the principal cannot pay, the liabilit" of those subsidiaril"
liable is absolute.
* To relate with rticle FB, when there is an order or preference of pecuniar" 4monetar"5 liabilit", therefore,
restitution is not included here.
* There is not subsidiary penalty for non?payment of civil liability.
153
CALLANTA
* The owners of taverns, inns, motels, hotels, where the crime is committed within their establishment due
to noncompliance with general police regulations, if the offender who is primaril" liable cannot pa", the
proprietor, or owner is subsidiaril" liable.
* Felonies committed by employees, pupils, servants in the course of their employment, schooling or
household chores. #he emplo"er, master, teacher is subsidiaril" liable civill", while the offender is
primaril" liable.
Art. 55I. )everal and subsidiary liability of principals, accomplices and accessories
of a felony M Preference in payment& K Notwithstan)ing the pro+isions of the ne,t
prece)ing article4 the principals4 accomplices4 an) accessories4 each within their
respecti+e class4 shall 'e lia'le se+erall( (in soli)$m! among themsel+es for their
*$otas4 an) s$'si)iaries for those of the other persons lia'le.
The s$'si)iar( lia'ilit( shall 'e enforce)4 first against the propert( of the
principals> ne,t4 against that of the accomplices4 an)4 lastl(4 against that of the
accessories.
Whene+er the lia'ilit( in soli)$m or the s$'si)iar( lia'ilit( has 'een enforce)4 the
person '( whom pa(ment has 'een ma)e shall ha+e a right of action against the
others for the amo$nt of their respecti+e shares.
2ubsidiary liability will be enforced on+
1. first, against the propert" of the principal
2. second, against that of the accomplice
3. third, against that of the accessories
I!s"%a"'o*6 Two principals, two accomplices and two accessories were
convicted in a homicide case, and the indemnity to the heirs of the victim was fixed
at "hp4,555.55. The ,uota of the principals was fixed at "hp),555.55' the
accomplices at "hp(,555.55 and the accessories at "hp&,555.55 and as between
themselves, the liability of each was G. If both principals were insolvent, their ,uota
would be borne by the two accomplices whose liability would be "hp(,@55.55 each
for a total of "hp@,555.55, the ,uota of both principals and accomplices. If the
accessories were insolvent, the principals would bear their ,uota. 8ubsidiarily and in
default of the principals, the accomplices would bear the ,uota of the accessories.
Art. 555. ;bligation to ma%e restitution in certain cases. K An( person who has
participate) grat$ito$sl( in the procee)s of a felon( shall 'e 'o$n) to ma6e
restit$tion in an amo$nt e*$i+alent to the e,tent of s$ch participation.
1otes+
1. #his refers to a person who has participated gratuitousl" in the commission of a felon" and
he is bound to make restitution in an amount e2uivalent to the extent of such participation
2. #he third person must be innocent of the commission of the crime otherwise he would be
liable as an accessor" and this article will not appl"
Art. 55:. 6xtinction of civil liability. K Ci+il lia'ilit( esta'lishe) in Articles 5II4
5I54 5I:4 an) 5I9 of this Co)e shall 'e e,ting$ishe) in the same manner as
o'ligations4 in accor)ance with the pro+isions of the Ci+il Law.
Civil liability is extinguished by+
1. pa"ment or performance
2. loss of the thing due
3. condonation or remission of the debt
4. confusion or merger of the rights of creditor and debtor
154
CALLANTA
8. compensation
/. novation
<ther causes of extinguishment of obligations* annulment, rescission, fulfillment of a
resolutor" condition and prescription .
Civil liability may arise from
1. %rime $ -!%
2. =reach of contract $ %%
3. #ortious act %%
#he civil liabilit" from an" of these is extinguished b" the same causes enumerated above
#he accused shall still be liable for the pa"ment of the thing stolen even if it is lost or
destro"ed
* +ivil liability of the offender is extinguished in the same manner as civil obligation is extinguished but this
is not absolutel" true. ;nder civil law, a civil obligation is extinguished upon loss of the thing due when the
thing involved is specific. This is not a ground applicable to extinction of civil liability in criminal case if the
thing due is lost, the offender shall repair the damages caused.
* The judgment for civil liability prescribes in ten years. It may be enforced by writ of
execution within the first five years and by action for revival of judgment during the
next five years. Insolvency is not a defense to an action to enforce judgment.
Art. 559. ;bligation to satisfy civil liability& K ",cept in case of e,tinction of his
ci+il lia'ilit( as pro+i)e) in the ne,t prece)ing article the offen)er shall contin$e
to 'e o'lige) to satisf( the ci+il lia'ilit( res$lting from the crime committe) '(
him4 notwithstan)ing the fact that he has ser+e) his sentence consisting of
)epri+ation of li'ert( or other rights4 or has not 'een re*$ire) to ser+e the same
'( reason of amnest(4 par)on4 comm$tation of sentence or an( other reason.
1otes+
Anless extinguished, civil liabilit" subsists even if the offender has served sentence
consisting of deprivation of libert" or other rights or has served the same, due to amnest",
pardon, commutation of the sentence or an" other reason.
Ander the law as amended, even if the subsidiary imprisonment is served for non?payment of
fines, this pecuniary liability of the defendant is not extinguished.
'hile amnesty wipes out all traces and vestiges of the crime, it does not extinguish the civil
liabilit" of the offender. A pardon shall in no case exempt the culprit from the pa"ment of the
civil indemnit" imposed upon him b" the sentence
"robation affects onl" the criminal aspect of the crime.
155

Criminal Law I Notes by Rene Callanta

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Codal Provisions and Notes in CRIMINAL LAW BOOK I by RENE

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