Crim Reviewer Book 1 Revised 2007

CRIMINAL LAW 1 UP College of Law
ESGUERRA NOTES 2004-2005

CRIMINAL LAW I CRIMINAL LAW I
I. DEFINITION AND SOURCES
A. DEFINITION
Criminal law is that branch or division of law
which defines crimes, treats of their nature, and
provides for their punishment.
B. STATE AUTHORITY TO PUNISH CRIMES
1. SOURCES OF PHILIPPINE CRIMINAL LAW
(REYES)
1. The Revised Penal Code (Act No. 31!" and its
amendments
#. $pecial penal laws passed b% the Philippine
Commission, Philippine Assembl%, Philippine
&e'islature, National Assembl%, the Con'ress of
the Philippines, and the (atasan' Pambansa.
3. Penal Presidential )ecrees issued durin'
*artial &aw.
1987 Cons!"!on A#!$%& II' S&$!on (
Declaration of Principles and State Policies. The
maintenance of peace and order, the protection of life,
libert% and propert%, and the promotion of the 'eneral
welfare are essential for the en+o%ment b% all the people
of the blessin's of democrac%.
1987 Cons!"!on A#!$%& )I' S&$!on 1
The le'islative power shall be vested in the
Con'ress of the Philippines which shall consist of a
$enate and a ,ouse of Representatives, e-cept to the
e-tent reserved to the people b% the provision on
initiative and referendum.
P&o*%& +. S,n!,-o (19..)
Facts. $antia'o was drivin' an automobile at a
hi'h speed notwithstandin' the fact that he had to pass
a narrow space between a wa'on standin' on one side
of the road and a heap of stones on the other side where
there were two bo%s standin'. ,e ran over Parondo who
was instantl% /illed as a result of the accident. $antia'o
was convicted b% the lower court of the crime of
homicide b% rec/less imprudence. The accused appealed
challen'in' the validit% of Act No. #0 which amended
1eneral 2rder no. ! (which provides that all
prosecutions for public offenses shall be in the name of
the 3nited $tates a'ainst the persons char'ed with the
offenses", claimin' that the le'islature is not authori4ed
to amend the latter because its provisions have the
character of Constitutional &aw. $ec. # of Act No. #00
contains that 5all prosecutions for public offenses shall
be in the name of the People of the Philippine 6slands
a'ainst the person char'ed with the offense.7
Held. The procedure in criminal matters is not
incorporated in the Constitution of the $tates, but is left
in the hands of the le'islature, so it that it falls within
the realm of public statutor% law.
The states, as part of its police power, have a
lar'e measure of discretion in creatin' and definin'
criminal offenses. 6t is ur'ed that the ri'ht to prosecute
and punish crimes is an attribute of soverei'nt%, but b%
reason of the principle of territorialit% as applied in the
suppression of crimes, such power is dele'ated to
subordinate 'overnment subdivisions such as territories.
The Philippine &e'islature b% virtue of the 8ones &aw,
li/e other territories of the 3$, has the power to define
and punish crimes. The present 'overnment of the
Philippines created b% the 3$ Con'ress is autonomous.
6t is within the power of the le'islature to prescribe the
form of the criminal complaint as lon' as the
constitutional provision of the accused to be informed of
the nature of the accusation is not violated.
US +. P,/%o (1910)
Facts: Pablo, a policeman, arrested )ato who
was found in a vacant lot where a +ueten' 'ame was
conducted. ,e presented a memorandum to his chief
claimin' that he saw *alicsi and Rodri'o leavin' the
area. ,owever, durin' the trial, he chan'ed his
statement and claimed that he did not see *alicsi nor
Rodri'o leavin' the area. As a result, the two accused
were ac9uitted. Pablo was char'ed with the crime of
per+ur% and was convicted under Act. No. 10:;. 6t was
claimed that the Act repealed the provisions of the Penal
Code relative to per+ur%, and the last provision of the
Administrative Code repealed the Act, thus, there is no
penal sanction for the crime of false testimon% or
per+ur%.
Held: Notwithstandin' that the Act no. 10:;
has been interpreted b% this court in its decisions to
have repealed provisions of the Penal Code relatin' to
false testimon%, it did not e-pressl% repeal the pertinent
provisions of the RPC. Also, the Administrative Code, in
totall% repealin' Act no. 10:;, did not e-pressl% repeal
the said articles of the Penal Code. ,ence, the provisions
of the Penal Code relative to per+ur% remain in force. The
reason behind such interpretation is that crimes should
not 'o unpunished or be freel% committed without
punishment of an% /ind.
.. LIMITATIONS TO STATE AUTHORITY TO PUNISH
CRIMES
1987 Cons!"!on' A#. III
S&$. 1. No person shall be deprived of life,
libert% or propert% without due process of law, nor shall
an% person be denied the e9ual protection of the laws.
S&$. 11. No person shall be held to answer for
a criminal offense without due process of law.
6n all criminal prosecutions, the accused shall
be presumed innocent until the contrar% is proved, and
shall en+o% the ri'ht to be heard b% himself and counsel,
to be informed of the nature and cause of the accusation
a'ainst him, to have a speed%, impartial and public trial,
to meet the witnesses face to face, and to 'ave
compulsor% process to secure the attendance of
witnesses and the production of evidence in his behalf.
,owever, after arrai'nment, trial ma% proceed
notwithstandin' the absence of the accused provided
that he has been dul% notified and his failure to appear
is un+ustifiable.
S&$. 18. No person shall be detained solel% b%
reason of his political beliefs and aspirations.
No involuntar% servitude in an% form shall e-ist
e-cept as a punishment for a crime whereof the part%
shall have been dul% convicted.
S&$. 19. <-cessive fines shall not be imposed,
nor cruel de'radin' or inhuman punishment inflicted.
Neither shall death penalt% be imposed, unless, for
compellin' reasons involvin' heinous crimes, the
/ viv Pa'e 1
#==>?#==!
Con'ress hereafter provides for it. An% death penalt%
alread% imposed shall be reduced to reclusion perpetua.
The emplo%ment of ph%sical, ps%cholo'ical, or
de'radin' punishment a'ainst an% prisoner or detainee
or the use of substandard or inade9uate penal facilities
under subhuman conditions shall be dealt with b% law.
S&$. .2. No person shall be imprisoned for
debt or non?pa%ment of a poll ta-.
S&$. ... No ex post facto law or bill of
attainder shall be enacted.
198( R"%&s on C#!3!n,% P#o$&4"#&' R"%& 11(
S&$!on 1. Rights of accused at trial. @ 6n all
criminal prosecutions, the accused shall be entitled to
the followin' ri'hts.
(a" To be presumed innocent until the contrar%
is proved be%ond reasonable doubt.
(b" To be informed of the nature and cause of
the accusation a'ainst him.
(c" To be present and defend in person and b%
counsel at ever% sta'e of the proceedin's, from
arrai'nment to promul'ation of the +ud'ment. The
accused ma%, however, waive his presence at the trial
pursuant to the stipulations set forth in his bail, unless
his presence is specificall% ordered b% the court for
purposes of identification. The absence of the accused
without +ustifiable cause at the trial of which he had
notice shall be considered a waiver of his ri'ht to be
present thereat. Ahen an accused under custod%
escapes, he shall be deemed to have waived his ri'ht to
be present on all subse9uent trial dates until custod%
over him is re'ained. 3pon motion, the accused ma% be
allowed to defend himself in person when it sufficientl%
appears to the court that he can properl% protect his
ri'hts without the assistance of counsel.
(d" To testif% as a witness in his own behalf but
sub+ect to cross?e-amination on matters covered b%
direct e-amination. ,is silence shall not in an% manner
pre+udice him.
(e" To be e-empt from bein' compelled to be a
witness a'ainst himself.
(f" To confront and cross?e-amine the
witnesses a'ainst him at the trial. <ither part% ma%
utili4e as part of its evidence the testimon% of a witness
who is deceased, out of or can not with due dili'ence be
found in the Philippines, unavailable, or otherwise
unable to testif%, 'iven in another case or proceedin',
+udicial or administrative, involvin' the same parties and
sub+ect matter, the adverse part% havin' the opportunit%
to cross?e-amine him.
('" To have compulsor% process issued to
secure the attendance of witnesses and production of
other evidence in his behalf.
(h" To have speed%, impartial and public trial.
(i" To appeal in all cases allowed and in the
manner prescribed b% law.
C!+!% Co4&' A#!$%& .
Penal laws and those of public securit% and
safet% shall be obli'ator% upon all who live or so+ourn in
the Philippine territor%, sub+ect to the principles of public
international law and to treat% stipulations.
P&s!-,n +. An-&%&s (1981)
Facts: Anselmo and *arcelo Pesi'an were
transportin' carabaos in the evenin' of April #, 1:#
from Camarines $ur to (atan'as when the carabaos
were confiscated purportedl% in accordance with <.2.
No. 0#0?A which prohibits transportation of carabao and
carabeef from one province to another.
Held: The <.2. should not be enforced a'ainst
the Pesi'ans because it is a penal re'ulation (because of
its confiscation and forfeiture provision" and was
published onl% in the 2fficial 1a4ette on 8une 1>, 1:#.
8ustice and fairness dictate that the public must be
informed of that provision b% means of publication in the
1a4ette before violators of the e-ecutive order can be
bound thereb%. The summar% confiscation was not in
order. The carabaos must be returned. ,owever, the
Pesi'ans cannot transport the carabaos to (atan'as
because the% are now bound b% the said <.2.
T,5,4, +. T"+&#, (198()
Facts: The petitioners see/ a writ of
mandamus to compel respondent public officials to
publish or cause the publication of various P)Bs, <2Bs,
&26Bs etc. invo/in' the Constitutional ri'ht of the people
to information on matters of public concern.
Held: The publication of all presidential
issuances of a public nature or of 'eneral applicabilit% is
mandated b% law. 6t is a re9uirement of due process. 6t
is a rule of law that before a person ma% be bound b%
law, he must first be officiall% and specificall% informed
of its contents. The Court therefore declares that
presidential issuances of 'eneral application which have
not been published shall have no force and effect.
,owever, the implementation of the P)s prior to its
publication is an operative fact which ma% have
conse9uences which cannot be +ustl% i'nored. The past
cannot alwa%s be erased b% a new +udicial declaration.
Crom the report submitted b% the cler/ of court, it is
undisputed that none of these unpublished P)s has ever
been implemented b% the 'overnment.
PENOLO6ICAL OB7ECTI)ES
a. Prevention @ This assumes that man has a
tendenc% to commit crime and punishin' offenders will
prevent them from doin' so a'ain. $uppression can onl%
be made possible throu'h penal +urisprudence.
b. Deterrence/Exemplarity @ This assumes
that man is endowed with free will and of his awareness
of the sanctions a'ainst crimes and his fear of such.
<speciall% if there is.
1. Certaint%
? that all crimes will be punished.
#. Celerit%
@ that punishment will come swiftl%
3. $everit%
@ that punishment is proportionate
to his crime.
6t is also assumed that punishin' the offender
with cruel and conspicuous penalties will ma/e an
e-ample of him to deter others from doin' the same in
the future.
c. Self-Defense @ This is probabl% a
conclusion reached b% the social contract theorists who
hold that there is an unwritten contract between men
and their societ% where individuals a'ree to 'ive up
certain ri'hts in e-chan'e for the protection and benefits
offered b% a communit%. 6f individuals violate this
contract, then the societ%, throu'h the $tate, has the
ri'ht to enforce its laws and protect its own e-istence.
d. Reformation @ This assumes that
punishment is capable of chan'in'Drehabilitatin'
individuals.
e. Retribution @ This rests on the basic
premise that +ustice must be done. the offender shall
not 'o unpunished. This belon's to that which maintains
/ viv Pa'e #
#==>?#==!
that punishment is inherent in the ver% nature of a crime
and is thus its necessar% conse9uence.
C. BASIC PRINCIPLES
Criminal law has three main characteristics.
1" 'eneral, #" territorial, and 3" prospective.
1. 6ENERALITY o8 C#!3!n,% L,9
1987 Cons!"!on' A#!$%& )I' S&$!on 11
A $enator or *ember of the ,ouse of
Representatives shall, in all offenses punishable b% not
more than si- %ears imprisonment, be privile'ed from
arrest while the Con'ress is in session. No *ember shall
be 9uestioned nor be held liable in an% other place for
an% speech or debate in the Con'ress or in an%
committee thereof.
C!+!% Co4&' A#!$%& 11
Penal laws and those of public securit% and
safet% shall be obli'ator% upon all those who live or
so+ourn in the Philippine territor%, sub+ect to the
principles of public international law and to treat%
stipulations.
6&n&#,% R"%&. The +urisdiction of the civil courts is not
affected b% the militar% character of the accused.
Civil courts have concurrent +urisdiction with 'eneral
court?martial over soldiers of the Armed Corces of the
Philippines even in times of war, provided that in the
place of the commission of the crime no hostilities are in
pro'ress and civil courts are functionin'.
Ahen the militar% court ta/es co'ni4ance of the case
involvin' a person sub+ect to militar% law, the Articles of
Aar appl%, not the RPC or other penal laws.
The prosecution of an accused before a court?martial is
a bar to another prosecution of the accused for the same
offense.
2ffenders accused of war crimes are triable b% militar%
commission. A militar% commission has +urisdiction even
if actual hostilities have ceased as lon' as a technical
state of war continues.
E:$&*!ons o ;& -&n&#,% ,**%!$,!on o8 $#!3!n,%
%,9
Art. #, RPC, 5<-cept as provided in the treatise
or laws of preferential applicationE7
Art. 1>, Civil Code, 5Esub+ect to the principles
of public international law and to treat% stipulations.7
An e-ample of a treat% or treat stipulation is the
B,s&s A-#&&3&n entered into b% the Philippines and
the 3$ on *ar. 1>, 1:>; and e-pired on $ept. 10, 1::1.
Another e-ample would be the )FA si'ned on Ceb. 1=,
1:: where the Philippines a'reed that.
a. 3$ militar% authorities shall have the
ri'ht to e-ercise within the Philippines all
criminal and disciplinar% +urisdiction conferred
on them b% the militar% law of the 3$ over 3$
personnel in RPF
b. 3$ authorities e-ercise e-clusive
+urisdiction over 3$ personnel with respect to
offenses, includin' offenses relatin' to the
securit% of the us punishable under the law of
the 3$, but not under the laws of RPF
c. 3$ militar% authorities shall have the
primar% ri'ht to e-ercise +urisdiction over 3$
personnel sub+ect to the militar% law of the 3$
in relation to. (1" offenses solel% a'ainst the
propert% or securit% of the 3$ or offenses
solel% a'ainst the propert% or person of 3$
personnelF and (#" offenses arisin' out of an%
act or omission done in performance of official
dut%.
An e-ample of a law of preferential application would
be R.A. No. 7( which penali4es acts which would impair
the proper observance b% the Republic and inhabitants
of the Philippines of the immunities, ri'hts, and
privile'es of dul% accredited forei'n diplomatic
representatives in the Philippines.
Persons e-empt from the operation of our criminal
laws b% virtue of the principles of public international
law
(1" $overei'ns and other chiefs of state.
(#" Ambassadors, ministers, plenipotentiar%,
ministers resident, and char'es dBaffaires.
G a consul is not entitled to the privile'es and
immunities of an ambassador or minister.
G under the Constitution, members of Con'ress are
not liable for libel or slander in connection with an%
speech delivered on the floor of an house durin'
re'ular or special session.
US +. S9&& (1921)
Facts. $weet was an emplo%ee of the 3$ arm%
in the Philippines. ,e assaulted a prisoner of war for
which he was char'ed with the crime of ph%sical in+uries.
$weet interposed the defense that the fact that he was
an emplo%ee of the 3$ militar% authorities deprived the
court of the +urisdiction to tr% and punish him.
Held. The case is open to the application of the
'eneral principle that the +urisdiction of the civil
tribunals is unaffected b% the militar% or other special
character of the person brou'ht before them for trial,
unless controlled b% e-press le'islation to the contrar%.
.. TERRITORIALITY o8 C#!3!n,% L,9
1987 Cons!"!on' A#!$%& I
The national territor% comprises the Philippine
archipela'o, with all the islands and waters embraced
therein, and all other territories over which the
Philippines has soverei'nt% or +urisdiction, consistin' of
its terrestrial, fluvial, and aerial domain includin' the
territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around,
between, and connectin' the islands of the archipela'o
re'ardless of their breadth and dimensions, form part of
the internal waters of the Philippines.
The provisions of the RPC are enforceable to all crimes
committed within the limits of Philippine territor% but it
ma% also appl% outside of the Philippine +urisdiction
a'ainst who.
/ viv Pa'e 3
#==>?#==!
1. should commit an offense while on a Philippine
ship or airshipF
#. should for'e or counterfeit an coin or currenc%
note of the Philippines or obli'ations and
securities issued b% the Philippine 'overnmentF
3. should be liable for acts connected with the
introduction into the countr% of the obli'ations
and securities aforestatedF
>. while bein' public officers or emplo%ees,
should commit an offense in the e-ercise of
their functionsF and
!. should commit an% of the crimes a'ainst
national securit% and the law of nations defined
in Title 6, (oo/ 66 of the Code.
The RPC has therefore territorial and e-traterritorial
application. The maritime 4one e-tends to three miles
from the outermost coastline. (e%ond that is the 5hi'h
seas7 which is outside the territorial waters of the
Philippines.
There are two rules as to +urisdiction over crimes
committed aboard merchant vessels while in the
territorial waters of another countr%.
Crench rule @ $uch 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 endan'ered.
<n'lish rule @ $uch crimes are triable in that
countr% unless the% merel% affect thin's within the
vessel or the% refer to the internal mana'ement thereof.
Ae observe the <n'lish Rule.
)isorders which disturb onl% the peace of the ship or
those on board are to be dealt with e-clusivel% b% the
soverei'nt% of the home of the ship, but those which
disturb the public peace ma% be suppressed, and, if
need be, the offenders punished b% the proper
authorities of the local +urisdiction.
$mo/in' opium aboard a forei'n vessel in Philippine
waters constitutes a breach of public order because it
causes such dru' to produce its pernicious effects within
our territor%.
Philippine courts have no +urisdiction over offenses
committed on board forei'n warships in territorial
waters. Aarships are alwa%s reputed to be the territor%
of the countr% to which the% belon' and cannot be
sub+ected to the laws of another state.
US +. A; S!n- (1917)
Facts: )efendant is a sub+ect of China who
bou'ht ei'ht cans of opium in $ai'on and brou'ht them
on board the steamship Shun Chang durin' the trip to
Cebu. Ahen the steamer anchored in the port of Cebu,
the authorities in ma/in' the search found the cans of
opium. )efendant admitted bein' the owner but did not
confess as to his purpose in bu%in' the opium.
Held: (rin'in' opium in local territor% even if it
is merel% for personal use and does not leave the forei'n
merchant vessel anchored in Philippine waters is sub+ect
to local laws particularl% under $ec. > Act. No. #31
a./.a. 2pium &aw. 3nder the said law, importation
includes merel% brin'in' the dru' from a forei'n countr%
to Philippine port even if not landed.
M!<"!,/,s +. P;!%!**!n&s=R>"?"s $o33,n4 (1918)
Facts: Petitioner is a Cilipino citi4en and a
civilian emplo%ee of the 3$ arm%. ,e has been char'ed
with disposin' in the Port of *anila area thin's
belon'in' to the 3$ arm%. ,e is under the custod% of
Commandin' 1eneral, Philippines?R%u/us command and
an appointed 1eneral Court *artial found him 'uilt% and
sentenced him to 1! %ears imprisonment.
Held: 1en. Court?*artial has no +urisdiction
because the Port of *anila is not a base under the (ases
A'reement entered into b% the Philippines and the 3$.
The Port area is merel% a temporar% 9uarters. Also, a
civilian emplo%ee cannot be considered a member of the
3$ Arm% as stated in the a'reement. &astl%, no waiver
of +urisdiction can be made either b the prosecutin'
attorne% or b% the $ecretar% of 8ustice.
@. PROSPECTI)ITY o8 C#!3!n,% L,9

RPC' A#..1. Penalties that may be imposed.
No felon% shall be punishable b% an% penalt%
not prescribed b% law prior to its commission.
RPC' A#. ... Retroacti!e effect of penal laws. "
Penal laws shall have a retroactive effect in so
far as the% favor the person 'uilt% of a felon%, who is not
a habitual criminal, as this term is defined in Rule ! of
Article 0# of this Code, althou'h at the time of the
publication of such laws a final sentence has been
pronounced and the convict is servin' the same.
C!+!% Co4&' A#. 1
&aws shall have no retroactive effect, unless
the contrar% is provided.
6&n&#,% R"%&. <- post facto law is prohibited. <- post
facto law is one that is specificall% made to retroact to
cover acts before it became effective to the pre+udice of
the accusedF or to ma/e a certain crime 'raver or
prescribe a heavier penalt% for it.

The law does not have an% retroactive effect <HC<PT
if it favors the offender unless he is a habitual delin9uent
or the law otherwise provides.
This is consistent with the 'eneral principle that
criminal laws, bein' a limitation on the ri'hts of the
people, should be construed strictl% a'ainst the $tate
and liberall% in favor of the accused.
D!88&#&n &88&$s o8 #&*&,% o8 *&n,% %,9.
1. 6f the repeal ma/es the penalty lighter in the
new law, the new law shall be applied, e-cept
when the offender is a habitual delin9uent or
when the new law is made not applicable to
pendin' action or e-istin' causes of action.
#. 6f the new law imposes a hea!ier penalty, the
law in force at the time of the commission of
the offense shall be applied.
3. 6f the new law totall% repeals the e-istin' law
so that the act which was penali4ed under the
old law is no lon'er punishable, the crime is
obliterated.
Ahen the repeal is absolute the offense ceases to be
criminal.
Ahen the new law and the old law penali4e the same
offense, the offender can be tried under the old law.
/ viv Pa'e >
#==>?#==!
Ahen the repealin' law fails to penali4e the offense
under the old law, the accused cannot be convicted
under the new law.
A person erroneousl% accused and convicted under a
repealed statute ma% be punished under the repealin'
statute.
6"3,/on +. D!#&$o# o8 P#!sons (1971)
Facts: Petitioners who were servin' their
sentence of life imprisonment for the comple- crime of
rebellion with murder and other crimes see/ the
retroactive application of the ,ernande4 doctrine which
was promul'ated after their conviction. The ,ernande4
rulin' ne'ated the e-istence of the crime char'ed
statin' that rebellion cannot be comple-ed with other
crimes. Thus, the accused in the ,ernande4 case was
sentenced onl% to 1= %ears of imprisonment.
Held: (oth RPC and the Civil Code allow for the
retroactive application of +udicial decisions. Ahile
reference in Art. ## of the Civil Code is made to
le'islative acts, it would be merel% an e-altation of the
literal to den% its application to a case li/e the present.
The Civil Code provides that +udicial decisions appl%in'
or interpretin' the constitution, as well as le'islation
form part of our le'al s%stem.
1. Nullum Crimen Nulla Poena Sine Lege
A#. @. Definitions. I Acts and omissions
punishable b% law are felonies (delitos".
A#. .1. Penalties that may be impose! I
No felon% shall be punishable b% an% penalt% not
prescribed b% law prior to its commission.
There is no crime when where is no law punishin' it.
The phrase 5punished b% law7 should be understood to
mean 5punished b% the Revised Penal Code7, and not b%
special law.
B&#n,#4o +. P&o*%& (198@)
Facts: The accused were char'ed and
convicted for violatin' P) No. ;;# for possessin' and
s9uattin' on a parcel of land owned b% Cru4.
Held: Conviction is null and void. P) No. ;;#
does not appl% to pasture lands because its preamble
shows that it was intended to appl% to s9uattin' in
urban communities. 6t is a basic principle of criminal law
that no person should be brou'ht within the terms of a
penal statute who is not clearl% within them nor should
an% act be pronounced criminal which is not clearl%
made so b% the statute.
P&o*%& +. P!3&n&% (1998)
Facts: Respondent Tu+an was char'ed with
subversion under RA 1;==. Ahen he was arrested ;
%ears after he was char'ed, an unlicensed revolver and
ammunition was found in his possession. As such, he
was also char'ed with 6lle'al Possession of Cirearms
under P) 100.
Held. Tu+an was not placed in double +eopard%
because the issue had not %et arisen for he had not %et
been actuall% convicted.
RA ;030 totall% repealed RA 1;== ma/in'
subversion no lon'er a crime. (ased on Art. ## of RPC,
this law should be 'iven retroactive effect since the law
is favorable to the accused and since he is not a habitual
delin9uent. The Court convicted Tu+an with simple ille'al
possession of firearm and ammunition but since Tu+anBs
len'th of detention is 'reater than the penalt%
prescribed, the court ordered immediate release.
(. STRICT CONSTRUCTION o8 *&n,% %,9s ,-,!ns
;& S,&
1987 Cons!"!on' A#!$%& III' S&$. 11(.)
6n all criminal prosecutions, the accused shall
be presumed innocent until the contrar% is provedE.
R"%&s o8 Cons#"$!on o8 P&n,% L,9s
1. Criminal statutes are liberall% construed in
favor of the offender. This means that no person
shall be brou'ht within their terms of the law
who is not clearl% within them, nor should an% act
be pronounced criminal which is not clearl% made
so b% statute.
#. The ori'inal te-t in which a penal law is
approved will 'overn in case of a conflict with an
official translation. ,ence, the RPC, which was
approved in $panish te-t, is controllin' over its
<n'lish translation.
3. 6nterpretation b% analo'% has no place in
criminal matters.
? reasonin' b% analo'% is applied onl% when
similarities are limited and it is admitted that
si'nificant differences also e-ist.
P,s$",% +. Bo,#4 o8 M&4!$,% E:,3!n&#s (1909)
Facts: Pascual was char'ed in an
administrative case for immoralit% and was announced
b% counsel of complainants to be their first witness.
Held: The (oard of *edical e-aminers cannot,
consistentl% with the self?incriminatin' clause, compel
the person proceeded a'ainst to ta/e the witness stand
without his consent. A proceedin' for malpractice
possesses a criminal or penal aspect in the sense that
the respondent would suffer the revocation of his license
as a medical practitioner which is even a 'reater form of
deprivation than forfeiture of propert%.
Ahile crime should not 'o unpunished and that
the truth must be revealed, such desirable ob+ective
should not be accomplished accordin' to means
offensive to hi'h sense of respect accorded to human
personalit%. *ore and more in line with the democratic
creed, the deference accorded to an individual even
those suspected of the most heinous crimes is 'iven due
wei'ht.
D. 6ENERAL PRO)ISIONS
A#. 1 "ime #hen $ct ta%es effect. This code shall
ta/e effect on the first da% of 8anuar%, nineteen hundred
and thirt%.
The RPC consists of two boo/s. (oo/ 2ne consists of
1" basic principles affectin' criminal liabilit% and #" the
provisions on penalties includin' criminal and civil
liabilit%F (oo/ Two defines felonies with the
correspondin' penalties.
Two theories in criminal law
a. C&A$$6CA&
b. P2$6T6J6$T
/ viv Pa'e !
#==>?#==!
The RPC is based mainl% on principles of old or
classical school.
C;,#,$&#!s!$s o8 ;& $%,ss!$,% ;&o#>
1. The basis of criminal liabilit% is human free will
and the purpose of the penalt% is retribution.
#. That man is essentiall% a moral creature with
an absolutel% free will to choose between 'ood
and evil thereb% placin' more stress upon the
effect or result of the felonious act than upon
the man, the criminal himself.
3. 6t has endeavored to establish a mechanical
and direct proportion between crime and
penalt%.
>. There is a scant re'ard to the human element.
C;,#,$&#!s!$s o8 ;& *os!!+!s ;&o#>
1. That man is subdued occasionall% b% a
stran'e and morbid phenomenon which
constrains him to do wron', inspite of or
contrar% to his volition.
#. That crime is essentiall% a social and
natural phenomenon, and as such, it cannot be
treated and chec/ed b% the application of
abstract principles of law and +urisprudence nor
b% the imposition of a punishment which is
fi-ed and determined a prioriF but rather
throu'h the enforcement of individual
measures in each particular case after a
thorou'h, personal and individual investi'ation
conducted b% a competent bod% of
ps%chiatrists and social scientists.
A#. .. $pplication of its provisions. I <-cept as
provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced
not onl% within the Philippine Archipela'o, includin' its
atmosphere, its interior waters and maritime 4one, but
also outside of its +urisdiction, a'ainst those who.
1. $hould commit an offense while on a
Philippine ship or airship
#. $hould for'e or counterfeit an% coin or
currenc% note of the Philippine 6slands or obli'ations and
securities issued b% the 1overnment of the Philippine
6slandsF
3. $hould be liable for acts connected with the
introduction into these islands of the obli'ations and
securities mentioned in the presidin' numberF
>. Ahile bein' public officers or emplo%ees,
should commit an offense in the e-ercise of their
functionsF or
!. $hould commit an% of the crimes a'ainst
national securit% and the law of nations, defined in Title
2ne of (oo/ Two of this Code.
This has been discussed in the Territorialit%
principle of criminal law.
E:*%,n,!on o8 ;& &:$&*!ons
1. The Philippine ship or airship must be dul%
re'istered under the Philippine laws with the Philippine
(ureau of Customs. $uch vessel when be%ond the 3?mile
limit is considered and e-tension of Philippine national
territor%. (3T if said Philippine vessel or aircraft is within
the territor% of a forei'n countr% when the crime is
committed, the laws of that countr% will appl% as a rule.
The Philippine court has no +urisdiction over
the crime of theft committed on the hi'h seas on board
a vessel not re'istered or licensed in the Philippines.
#. An% person who ma/es false or counterfeit
coins or for'es treasur% or ban/ notes or other
obli'ations and securities in a forei'n countr% ma% be
prosecuted before our civil courts for violation of Art.
103 or Art. 100 of the RPC.
3. The reason for the e-ceptions in para'raph
(b" and (c" is to maintain and preserve the financial
credit and stabilit% of the state.
>. The offense committed b% a public officer
abroad, li/e a consular official, must refer to the
dischar'e of his functions i.e. briber%, malversation or
falsification.
!. The reason for the e-ception re'ardin'
crimes a'ainst national securit% and the law of nations is
to safe'uard the e-istence of the state. Pirac% is triable
an%where. Pirac% and mutin% are crimes a'ainst the law
of nations while treason and espiona'e are crimes
a'ainst national securit%.
II. FELONIES
Art. 3. Definitions. I Acts and omissions
punishable b% law are felonies (delitos".
Celonies are committed not onl% be means of
deceit (dolo" but also b% means of fault (culpa".
There is deceit when the act is performed with
deliberate intent and there is fault when the wron'ful
act results from imprudence, ne'li'ence, lac/ of
foresi'ht, or lac/ of s/ill.
Celonies are acts and omissions punishable b% the
Revised Penal Code.
E%&3&ns o8 F&%on!&s
1. There must be an act or omission
#. That the act or omission must be
punishable b% the RPC
3. That the act is performed or the omission
incurred b% means of dolo or culpa.
)efinition of terms
ACT @ must be overt or e-ternal (mere
criminal thou'ht or intent is not punishable"
OMISSION @ failure to perform a dut%
re9uired b% law e-. Cailure to render assistance, failure
to issue receipt, non?disclosure of /nowled'e of
conspirac% a'ainst the 'overnment.
A. HOW
COMMITTED
Classification of felonies accordin' to the means b%
which the% are committed (6N 1<N<RA& 2N&K"
1. INTENTIONAL A DOLO
(by means of deceit# malice$
? the offender in performin' the act or incurrin' the
omission, has the intention to cause an in+ur% to
another
the word 5deceit7 in par. # of Art. 3 is not the
proper translation of the word 5dolo7. Dolus is
actuall% e9uivalent to malice which is the intent
to do an in%ury to another.
.. CULPABLE
(by means of fault or culpa$
/ viv Pa'e 0
#==>?#==!
? an act performed without malice but at the same
time punishable thou'h in a lesser de'ree and with
an e9ual result
impruence lac/ of precaution to avoid in+ur%,
usuall% involves lac/ of s/ill
negligence ? failure to foresee impendin'
dan'er, usuall% involves lac& of foresight
1. DOLO
REBUISITES OF DOLO OR MALICE
1. freeom @ that the act or omission was
voluntar% and without e-ternal
compulsion.
#. intelligence @ /nowled'e needed to
determine the moralit% and conse9uences
of an act. The imbecile, insane and minors
have no criminal liabilit%.
3. intent @ intent to commit the act with
malice, bein' purel% a mental process, is
presumed and the presumption arises
from the proof of the commission of the
unlawful act.
6ntent presupposes the e-ercise of freedom and the
use of intelli'ence
The e-istence of intent is shown b% the overt acts of
a person
Criminal intent is presumed from the commission of
an unlawful act (3T the presumption of criminal intent
does not arise from the proof of the commission of an
act which is not unlawful.
$ctus non facit reum& nisi mens sit rea
5the act itself does not ma/e a man 'uilt%
unless his intention were so7
A crime is not committed if the mind of
the person performin' to act complained be
innocent.
6t must be borne in mind that the act from
which the presumption of e-istence of criminal
intent sprin's must be a criminal act.
$ctus me invito factus non est meus actus
5an act done b% me a'ainst m% will is not m%
act7
INTENT ). MOTI)E
MOTI)E is the movin' power which impels
one to action for a define result.
INTENT is the purpose to use a particular
means to effect such result.
*otive is not an essential element of a
crime, and, hence need not be proved for purposes of
conviction.
*otive is essential onl% when there is doubt
as to the identit% of the assailant. 6t is immaterial when
the accused has been positivel% identified.
Proof of motive alone is not sufficient to
support a conviction but lac/ of motive ma% be an aid in
showin' the innocence of the accused.
There is no felon% b% dolo if there is no
intent
P&o*%& +. T&3/%o# (1988)
Facts: Ca'ampan' and his wife were
conversin' in the store ad+acent to their house when
Temblor arrived and as/ed to bu% ci'arettes. Temblor,
then, shot Ca'ampan' and demanded the wife to brin'
out her husbandBs firearm. *onths after, the wife was
summoned to the police station and there she identified
the accused. The accusedBs defense was alibi and lac/ of
motive.
Held. The /nowled'e of the accused that
Ca'ampan' possessed a firearm was enou'h motive to
/ill him as /illin's were perpetrated b% members of the
NPA for the sole purpose of ac9uirin' more arms and
ammunition. Their 'roup is prevalent not onl% in A'usan
del Norte but elsewhere in the countr%. 6t is /nown as
the NPABs 5a'aw armas7 campai'n. *oreover, proof of
motive is not essential when the culprit has been
positivel% identified.
P&o*%& +. H,ss,n (1988)
Facts: The accused, an illiterate, 1!?%ear?old
pushcart car'ador, was convicted of the crime of murder
for the death of Ramon. The lone e%ewitness claimed he
saw the accused stab Ramon onl% once at the bac/. ,e
identified the accused alone at the funeral parlor without
bein' placed in a police line?up.
Held. The testimon% of witness was wea/. 6t
conflicted with the findin's of the *edico?le'al officer
who identified # stab wounds which were inflicted while
assailant was in front of the victim. The manner b%
which the witness was made to identif% the accused was
pointedl% su''estive and activated visual ima'ination
when there was none. The method of identification
became +ust a confrontation and was made in violation
of the constitutional ri'ht of the accused.
The court noted the total absence of motive
ascribed to the accused for stabbin' Ramon who is a
complete stran'er to him. Ahile as a 'eneral rule,
motive is not essential for purposes of compl%in' with
the re9uirement that a +ud'ment of 'uilt% must stem
from proof be%ond reasonable doubt, the lac/ of motive
on the part of the accused pla%s a pivotal role towards
his ac9uittal. This is especiall% true where there is doubt
as to the identit% of the culprit as when the identification
is e-tremel% tenuous as in this case.
P&o*%& +. D&%os S,nos (.22@)
Facts: )elos $antos stab Clores with a /itchen
/nife hittin' him on the different parts of his bod%,
inflictin' upon him mortal wounds which directl% caused
his death. )elos $antos then ar'ues that since the
prosecution witnesses testified that there was no
altercation between him and Clores, it follows that no
motive to /ill can be attributed to him.
Held: The court held that the ar'ument of
)elos $antos is inconse9uential. Proof of motive is not
indispensable for a conviction, particularl% where the
accused is positivel% identified b% an e%ewitness and his
participation is ade9uatel% established. 6n People vs.
1alano, the court ruled that in the crime of murder,
motive is not an element of the offense, it becomes
material onl% when the evidence is circumstantial or
inconclusive and there is some doubt on whether the
accused had committed it. 6n this case, the court finds
that no such doubt e-its as witnesses, )e &eon and
Tablate positivel% identified )elos $antos.
MISTACE OF FACT
/ viv Pa'e ;
#==>?#==!
6t is a misapprehension of fact on the part of
the person who caused in+ur% to another. ,e is not,
however, criminall% liable, because he did not act with
criminal intent.
R&<"!s!&sD
1. That the act done would have been lawful
had the facts been as the accused
believed them to be.
#. That the intention of the accused in
performin' the act should be lawful
3. That the mista/e must be without fault or
carelessness on the part of the accused.
P&o*%& +. A; C;on- (1912)
A housebo% who stabs his roommate in the
dar/, honestl% mista/in' the latter to be a robber
responsible for a series of brea/?ins in the area, and
after cr%in' out sufficient warnin's and believin' himself
to be under attac/, cannot be held criminall% liable for
homicide. $tabbin' the victim whom the accused
believed to be an intruder showed a mista/e of fact on
his part which led him to ta/e the facts as the% appear
to him and was pressed to ta/e immediate action.
P&o*%& +. O,n!s (1988)
Police officers who shot a sleepin' man in the
bac/ mista/in' him for a notorious escaped convict
wanted dead or alive, could still be held liable for the
/illin' since the% did not ta/e reasonable precautionar%
measures. Police officers are still liable because the% are
not +ustified in /illin' a man whose identit% the% did not
ascertain. The third re9uisite of mista/e of fact is
lac/in'. 6n this case, self?defense is not tenable as a
defense as there was no unlawful a''ression but the%
ma% avail of the defense of fulfillment of dut% as a
miti'atin' circumstance.
Criminal intent is replaced b% ne'li'ence and
imprudence in felonies committed b% means of culpa.
.. CULPA
RPC' A#. @0( *,# 7
Rec/less imprudence consists in voluntaril%,
but without malice, doin' or failin' to do an act from
which material dama'e results b% reason of ine-cusable
lac/ of precaution on the part of the person performin'
or failin' to perform such act, ta/in' into consideration
his emplo%ment or occupation, de'ree of intelli'ence
ph%sical condition and other circumstances re'ardin'
persons, time and place.
$imple imprudence consists in the lac/ of
precaution displa%ed in those cases in which the dama'e
impendin' to be cause is not immediate nor the dan'er
clearl% manifest.
R&<"!s!&s o8 culpaD
1. freedom
#. intelligence
3. imprudence# negligence or lac& of
foresight and s&ill
in culpable felonies, the in+ur% caused to another
should be unintentional, it bein' simpl% the incident of
another act performed without malice.
P&o*%& +. B",n (1908)
Facts: The accused was drivin' a passen'er
bus. Alle'edl% because of his rec/lessness, the bus
collided with a +eep in+urin' the passen'ers of the latter.
A case was filed a'ainst the accused for slight physical
in%uries through rec&less imprudence for which he was
tried and ac9uitted. Prior to his ac9uittal, a case for
serious physical in%uries and damage to property
through rec&less imprudence was filed. Accused claimed
that he was placed in twice in +eopard%.
Held. The second case must be dismissed.
2nce convicted or ac9uitted of a specific act of rec/less
imprudence, the accused ma% not be prosecuted a'ain
for the same act. Cor the essence of the 9uasi?offense
under Art. 30! of the RPC lies in the e-ecution of an
imprudent act which would be punishable as a felon%.
The law penali4es the ne'li'ent act and not the result.
The 'ravit% of the conse9uences is onl% ta/en into
account to determine the penalt%. 6t does not 9ualif% the
substance of the offense.
A. CRIMES DEFINED AND PENALIEED BY
SPECIAL LAWS
A#. 12. 'ffenses not sub(ect to the provisions of
this Coe! I 2ffenses which are or in the future ma%
be punishable under special laws are not sub+ect to the
provisions of this Code. This Code shall be
supplementar% to such laws, unless the latter should
speciall% provide the contrar%.
There are 3 classes of crimes. The RPC defines
and penali4es the first two classes. 1" intentional and #"
culpable felonies.
The third class of crimes is those defined and
penali4ed b% special laws which include crimes punished
b% municipal or cit% ordinances.
The provisions of this Code are not applicable to
offenses punished b% special laws especiall% those
relatin' to the re9uisite of criminal intentF the sta'es of
commissionF and the application of penalties.
,owever, when the special law is silent, the Code can
'ive suppletor% effect.
)olo is not re9uired in crimes punished b% special laws
because these crimes are mala prohibita.
6n those crimes punished b% special laws, the act
alone irrespective of its motives, constitutes the offense.
1ood faith and absence of criminal intent are not valid
defenses in crimes punished b% special laws
)$L$ *N SE an )$L$ PR'+*,*"$
)ala in se an act, b% its ver% nature, is
inherentl% and morall% wron'F it should be done with
criminal intent
)alum prohibitum @ an act is wron' onl%
because there is a law punishin' it. 6t is enou'h that the
prohibited act was voluntaril% committed and need not
be committed with malice or criminal intent to be
punishable.
Es#,4, +. S,n4!-,n/,>,n (.221)
Facts: <strada is challen'in' the plunder law.
2ne of the issues he raised is whether plunder is a
malum prohibitum or malum in se.
Held: Plunder is a malum in se which re9uires
proof of criminal of criminal intent. Precisel% because the
constitutive crimes are mala in se the element of mens
rea must be proven in a prosecution for plunder. 6t is
/ viv Pa'e
#==>?#==!
noteworth% that the amended information alle'es that
the crime of plunder was committed 5willfull%, unlawfull%
and criminall%.7 6t thus alle'es 'uilt /nowled'e on the
part of the petitioner.
RELATION OF RPC TO SPECIAL LAWS
RPC' A#. 12. 'ffenses not sub%ect to the
pro!isions of this Code. I 2ffenses which are or in the
future ma% be punishable under special laws are not
sub+ect to the provisions of this Code. This Code shall be
supplementar% to such laws, unless the latter should
speciall% provide the contrar%.
P,4!%%, +. D!Fon (1988)
Facts: Padilla filed an administrative complaint
a'ainst RTC 8ud'e )i4on for renderin' a manifestl%
erroneous decision ac9uittin' &o Chi Cai of the offense
char'ed for smu''lin' forei'n currenc% out of the
countr% in violation of Central (an/ Circular No. :0=.
The Circular prohibits transmission of forei'n currenc%
out of the Philippines without authori4ation from the
Central (an/. Penal sanction for such violation is
provided in P) No. 13. 8ud'e )i4on ac9uitted accused
because of lac/ of intent to violate and benefit from the
act alone.
Held: 8ud'e showed 'ross i'norance of the
law. ,e ou'ht to /now that proof of malice or mens rea
is not essential in offense punished b% special laws which
are mala prohibita. The +ud'e did not ta/e into
consideration the admission of the accused that he was
a 5carrier7 of forei'n currenc% for other people but chose
to 'ive credence to the fantastic tale of the accused that
he and his alle'ed business associate were usin' the
mone% for a particular investment.

P,4!%%, +. CA (1997)
Facts: Padilla, drivin' his Pa+ero at hi'h speed
despite the bad weather, hit a balot vendor. A chase too/
place and eventuall%, PadillaBs vehicle was stopped. ,e
was arrested and several firearms were found inside his
vehicle. ,e admitted possession claimin' he used them
for shootin' but was not able to produce an% permit to
carr%.
Held: Pd 10 provides onl% # re9uisites to
establish crimes involvin' ille'al possession of firearm.
(1" e-istence of sub+ect firearm and (#" the fact that the
accused who owned or possessed the firearm does not
have the correspondin' permit to possess.
<ither the testimon% of a representative of or a
certification from the PNP Cirearms and e-plosives office
would suffice to prove be%ond reasonable doubt the
second element of ille'al possession.
P) 100 is constitutional. To +ustif%
nullification, there must be a clear breach of the
constitution. The contention that the penalt% of simple
ille'al possession is cruel and e-cessive in contravention
of the constitution does not merit serious consideration.
The severit% of a penalt% does not ipso facto ma/e the
same cruel and e-cessive.
The court cited People v. $imon doctrine as to
the penalties to be imposed althou'h P) 100 is a
special law, the penalties therein were ta/en from the
RPC, hence the rules in the said code for 'raduatin' b%
de'rees or determinin' the proper period should be
applied.
P&o*%& +. S,%&> (1998)
Facts: $ale% was convicted of 10 cases of
ille'al recruitment, one of which was on the lar'e scale.
$he was also convicted of 11 counts of estafa. $he
claims that she was not en'a'ed in recruitment but is
merel% actin' as an a'ent. $he also claimed that she
was merel% aidin' the processin' of the complainantBs
visas.
Held: $ale% is 'uilt% of ille'al recruitment and
estafa. $he has no valid license or authorit% to en'a'e in
placement of wor/ers. There is no double +eopard% in
this case. Conviction under the &abor Code for ille'al
recruitment is malum prohibita while estafa under the
RPC is malum in se.
P&o*%& +. S!3on (1991)
Facts: The accused was arrested after a bu%?
bust operation conducted b% the police wherein the
accused sold # tea?ba's of mari+uana to a poseur bu%er
for P>=.
Held: To sustain a conviction for sellin'
prohibited dru's under the )an'erous )ru's Act of
1:;#, the sale must be clearl% established. The
commission of the offense of ille'al sale of prohibited
dru's re9uires merel% the consummation of the sellin'
transaction.
The court held that in the instant case the
imposable penalt% under RA 0>#! as amended b% RA
;0!: is prison correccional to be ta/en from the medium
period thereof pursuant to Art. 0> of the RPC, there
bein' no a''ravatin' and miti'atin' circumstance.
)issent. 6t is thus clear that an offense is
punished b% the RPC if both its definition and the penalt%
therefore are found in the special law. That the latter
imports or borrows from the RPC its nomenclature of
penalties. 6n short, the mere use b% a special law of a
penalt% found in the RPC can b% no means ma/e an
offense thereunder an offense 5punished or punishable7
b% the RPC.
L,4on-, + P&o*%& (.22()
Facts. $pouses &adon'a were convicted b% the
RTC for violation of (P. (l'. ## (3 counts". The husband
applied for probation while the wife appealed ar'uin'
that the RTC erred in findin' her criminall% liable for
conspirin' with her husband as the principle of
conspirac% is inapplicable to (P (l'. ## which is a special
law.
Held: (.P. (l'. ## does not e-pressl% prescribe
the suppletor% application of the provisions of the RPC.
Thus, in the absence of contrar% provision in (.P. (l'.
##, the 'eneral provisions of the RPC which, b% their
nature, are necessaril% applicable, ma% be applied
suppletoril%. The court cited the case of Ku vs. People,
where the provisions on subsidiar% imprisonment under
Article 3: of the RPC to (.P. (l'. ## was applied
suppletoril%.
The suppletor% application of the principle of
conspirac% in this case is analo'ous to the application of
the provision on principals under Article 1; in 3.$. vs.
Ponte. Cor once conspirac% or action in concert to
achieve a criminal desi'n is shown, the act of one is the
act of all the conspirators, and the precise e-tent or
modalit% of participation of each of them becomes
secondar%, since all the conspirators are principals.
The Court in this case however ruled in favor of
&adon'a(wife" as the prosecution failed to prove that
she performed an% overt act in furtherance of the
alle'ed conspirac%.
/ viv Pa'e :
#==>?#==!
P&o*%& +. B"s!n&#, (.221)
Facts. (ustinera was convicted b% the trial
Court for 9ualified theft under Article 31= of the Revised
Penal Code for the unlawful ta/in' of the ta-i cab driven
b% him which is owned and operated b% Cipriano and
was sentenced to suffer the penalt% of reclusion
perpetua.
Held: The unlawful ta/in' of motor vehicles is
now covered b% the anti?carnappin' law (RA No. 0!3:"
and not b% the provisions on 9ualified theft or robber%.
The trial court havin' convicted (ustinera of 9ualified
theft instead of carnappin', erred in the imposition of
the penalt%. Ahile the information alle'es that the crime
was attended with 'rave abuse of confidence, the same
cannot be appreciated as the suppletor% effect of the
Revised Penal Code to special laws, as provided in Article
1= of said Code, cannot be invo/ed when there is a le'al
impossibilit% of application, either b% e-press provision
or b% necessar% implication.
*oreover, when the penalties under the special
law are different from and are without reference or
relation to those under the Revised Penal Code, there
can be no suppletor% effect of the rules, for the
application of penalties under the said Code or b% other
relevant statutor% provisions are based on or applicable
onl% to said rules for felonies under the Code.
The court cited the case of People v. Panida
which involved the crime of carnappin' and the penalt%
imposed was the indeterminate sentence of 1> %ears
and months, as minimum, to 1; %ears and > months,
as ma-imum, this Court did not appl% the provisions of
the Revised Penal Code suppletoril% as the anti?
carnappin' law provides for its own penalties which are
distinct and without reference to the said Code.
(ustinera was sentenced to an indeterminate
penalt% of 1> %ears and months as minimum, to 1;
%ears and > months, as ma-imum for the crime of
carnappin' under RA 0!3:, as amended.
A#. 1. Criminal liability. I Criminal liabilit% shall be
incurred.
1. (% an% person committin' a felon% (delito"
althou'h the wron'ful act done be different from that
which he intended.
#. (% an% person performin' an act which
would be an offense a'ainst persons or propert%, were it
not for the inherent impossibilit% of its accomplishment
or an account of the emplo%ment of inade9uate or
ineffectual means.
B. PUNISHABLE CONDUCT
1. WRON6FUL ACT DIFFERENT FROM THAT
INTENDED
2ne who commits an intentional felon% is
responsible for all the conse9uences which ma% naturall%
and lo'icall% result therefrom, whether foreseen or
intended or not.
Rationale. el -ue es causa e la causa es
causa el mal causao
5,e who is the cause of the cause is the cause
of the evil caused7
Ahen a person has not committed a felon%,
he is not criminall% liable for the result which is not
intended.
The causes which ma% produce a result
different from that which the offender intended are.
a. ERROR IN PERSONAE @ mista/e in the
identit% of the victimF in+urin' one person
mista/en for another (this is a comple- crime
under Art. >:"
b. ABERRATIO ICTUS @ mista/e in the blow,
that is, when the offender intendin' to do an
in+ur% to one person actuall% inflicts it on
anotherF and
c. PRAETER INTENTIONEM @ the act e-ceeds
the intent, that is, the in+urious result is
'reater than that intended.
The felon% committed must be the pro-imate cause of
the resultin' in+ur%.
PROGIMATE CAUSE @ the cause, which, in
natural and continuous se9uence, unbro/en b% an%
efficient intervenin' cause, produces the in+ur%, and
without which the result would not have occurred.
Ahen death is presumed to be the natural
conse9uence of ph%sical in+uries inflicted.
1. That the victim at the time the ph%sical in+uries
were inflicted was in normal health.
#. That the death ma% be e-pected from the
ph%sical in+uries inflicted.
3. That death ensued within a reasonable time.
The felon% committed is not the pro-imate cause of
the resultin' in+ur% when.
a. There is an active force that intervened
between the felon% committed and the resultin' in+ur%,
and the active force is a distinct act or fact absolutel%
forei'n from the felonious act of the accusedF or
b. The resultin' in+ur% is due to the intentional
act of the victim.
P&o*%& +. S,/,%on&s (1988)
Facts: Two vehicles proceeded to the house of
$tephen &im when $abalones et. al. fired towards the
vehicles /illin' # of the passen'ers and seriousl% in+urin'
3 others. The lower court convicted the accused.
Appellants accuse the trial court of en'a'in' in
con+ecture in rulin' that there was aberratio ictus in this
case.
Held: The alle'ation does not advance the
cause of the appellants. 6t must be stressed that the
trial court relied on the concept of aberratio ictus to
e-plain wh% the appellants sta'ed the ambush, not to
prove that appellants did in fact commit the crimes. 6n
an% event, the lower court was not en'a'in' in
con+ecture because the conclusion that the appellants
/illed the wron' persons was based on the e-tra+udicial
statement of appellant (eron'a and the testimon% of
one witness. Nonetheless, the fact that the% were
mista/en does not diminish their culpabilit%. *ista/e in
the identit% of the victim carries the same 'ravit% as
when the accused 4eroes in on his intended victim.
.. OMISSION
A#. 110. )isprision of treason. I <ver% person
owin' alle'iance to (the 3nited $tates" the 1overnment
of the Philippine 6slands, without bein' a forei'ner, and
havin' /nowled'e of an% conspirac% a'ainst them,
conceals or does not disclose and ma/e /nown the
same, as soon as possible to the 'overnor or fiscal of
the province, or the ma%or or fiscal of the cit% in which
he resides, as the case ma% be, shall be punished as an
accessor% to the crime of treason.
/ viv Pa'e 1=
#==>?#==!
A#. 1@7. Disloyalty of public officers or
employees! I The penalt% of prision correccional in its
minimum period shall be imposed upon public officers or
emplo%ees who have failed to resist a rebellion b% all the
means in their power, or shall continue to dischar'e the
duties of their offices under the control of the rebels or
shall accept appointment to office under them.
A#. .28. Prosecution of offenses. negligence an
tolerance. I The penalt% of prision correccional in its
minimum period and suspension shall be imposed upon
an% public officer, or officer of the law, who, in
dereliction of the duties of his office, shall maliciousl%
refrain from institutin' prosecution for the punishment
of violators of the law, or shall tolerate the commission
of offenses.
A#. ..@. Conniving #ith or consenting to evasion.
I An% public officer who shall consent to the escape of a
prisoner in his custod% or char'e, shall be punished.
1. (% prision correccional in its medium and
ma-imum periods and temporar% special dis9ualification
in its ma-imum period to perpetual special
dis9ualification, if the fu'itive shall have been sentenced
b% final +ud'ment to an% penalt%.
#. (% prision correccional in its minimum
period and temporar% special dis9ualification, in case the
fu'itive shall not have been finall% convicted but onl%
held as a detention prisoner for an% crime or violation of
law or municipal ordinance.
A#. .@1. Refusal to ischarge elective office. I
The penalt% of arresto mayor or a fine not e-ceedin'
1,=== pesos, or both, shall be imposed upon an% person
who, havin' been elected b% popular election to a public
office, shall refuse without le'al motive to be sworn in or
to dischar'e the duties of said office.
A#. .7(. $banonment of person in anger an
abanonment of one/s o#n victim! I The penalt% of
arresto mayor shall be imposed upon.
1. An% one who shall fail to render assistance to an%
person whom he shall find in an uninhabited place
wounded or in dan'er of d%in', when he can render
such assistance without detriment to himself, unless
such omission shall constitute a more serious offense.
#. An%one who shall fail to help or render assistance
to another whom he has accidentall% wounded or
in+ured.
3. An%one who, havin' found an abandoned child
under seven %ears of a'e, shall fail to deliver said child
to the authorities or to his famil%, or shall fail to ta/e
him to a safe place.
@. PROPOSAL AND CONSPIRACY
A#. 8. Conspiracy an proposal to commit felony.
I Conspirac% and proposal to commit felon% are
punishable onl% in the cases in which the law speciall%
provides a penalt% therefore.
A conspirac% e-ists when two or more persons
come to an a'reement concernin' the commission of a
felon% and decide to commit it.
There is proposal when the person who has
decided to commit a felon% proposes its e-ecution to
some other person or persons.
A#. 11(. Conspiracy an proposal to commit
treason. Penalty! I The conspirac% or proposal to
commit the crime of treason shall be punished
respectivel%, b% prision mayor and a fine not e-ceedin'
P1=,=== pesos, and prision correccional and a fine not
e-ceedin' P!,=== pesos.
A#. 1@0. Conspiracy an proposal to commit coup
/etat& rebellion or insurrection! I The conspirac%
and proposal to commit coup d(etat shall be punished b%
prision mayor in minimum period and a fine which shall
not e-ceed ei'ht thousand pesos (P,===.==".
A#. 111. Conspiracy to commit seition! I Persons
conspirin' to commit the crime of sedition shall be
punished b% prision correccional in its medium period
and a fine not e-ceedin' #,=== pesos
A#. 180. )onopolies an combinations in restraint
of trae! I The penalt% of prision correccional in its
minimum period or a fine ran'in' from #== to 0,===
pesos, or both, shall be imposed upon.
1. An% person who shall enter into an% contract
or a'reement or shall ta/e part in an% conspirac% or
combination in the form of a trust or otherwise, in
restraint of trade or commerce or to prevent b% artificial
means free competition in the mar/etF
A#. @20. 0ho are brigans. Penalty! I Ahen more
than three armed persons form a band of robbers for the
purpose of committin' robber% in the hi'hwa%, or
/idnappin' persons for the purpose of e-tortion or to
obtain ransom or for an% other purpose to be attained
b% means of force and violence, the% shall be deemed
hi'hwa% robbers or bri'ands.
Persons found 'uilt% of this offense shall be
punished b% prision mayor in its medium period to
reclusion temporal in its minimum period if the act or
acts committed b% them are not punishable b% hi'her
penalties, in which case, the% shall suffer such hi'h
penalties.
6f an% of the arms carried b% an% of said
persons be an unlicensed firearm, it shall be presumed
that said persons are hi'hwa% robbers or bri'ands, and
in case of convictions the penalt% shall be imposed in the
ma-imum period.
A#. @12. Corruption of minors. H An% person who
shall promote or facilitate the prostitution or corruption
of persons undera'e to satisf% the lust of another, shall
be punished b% prision mayor, and if the culprit is a
pubic officer or emplo%ee, includin' those in
'overnment?owned or controlled corporations, he shall
also suffer the penalt% of temporar% absolute
dis9ualification.
Conspirac% and proposal to commit a felon% are two
different acts or felonies. (1" conspirac% to commit a
felon%, and (#" proposal to commit a felon%.
6ENERAL RULED Conspirac% and proposal to commit a
felon% are not punishable
EGCEPTIOND The% are punishable onl% in the cases in
which the law speciall% provides a penalt% therefore.
RATIONALE. Conspirac% and proposal to commit a
crime are onl% preparatory acts and the law re'ards
them as innocent or at least permissible e-cept in rare
and e-ceptional cases.
/ viv Pa'e 11
#==>?#==!
CONSPIRACY
? e-ists when two or more persons come to an
a'reement concernin' the commission of a felon and
decide to commit it.
The RPC speciall% provides a penalt% for mere
conspirac% in treason, coup dBetat, rebellion or sedition.
Treason, coup dBetat, rebellion or sedition must not
actuall% be committed or else conspirac% shall no lon'er
be punishable because it is not a separate offense from
the felon% itself.
INDICATIONS OF CONSPIRACY
? for a collective responsibilit% amon' the
accused to be established, it is sufficient that at the time
of the a''ression, all of them acted in concert, each
doin' his part to fulfill their common desi'n to commit
the felon%.
REBUISITES OF CONSPIRACY
,. T;, 9o o# 3o#& *&#sons $,3& o ,n
,-#&&3&nD
? a'reement presupposes meetin' of the minds
of two or more persons
/. T;, ;& ,-#&&3&n $on$&#n&4 ;&
commission o8 , 8&%on>I ,n4
? the a'reement must refer to the commission
of a crime. 6t must be an a'reement to act, to
effect, to brin' about what has alread% been
conceived and determined
$. T;, ;& &:&$"!on o8 ;& 8&%on> /&
4&$!4&4 "*on.
? the conspirators have made up their minds
to commit the crime. There must be a
determination to commit the crime of
treason, rebellion or sedition.
P&o*%& +. F,/#o (.222)
Facts. Petitioner Cabro to'ether with her
common?law husband Pila% and 6rene *artin was
char'ed with the crime of Lviolation of $ection #1 (b"
Art. 6J, in relation to $ection >, Art. 66 of Republic Act
No. 0>#! as amended, for sellin' to P2# Apduhan, who
acted as poseur bu%er, one /ilo of dried mari+uana
leaves. Cabro contends that her 'uilt was not proven
be%ond reasonable doubt as based on the testimon% of
the N(6, the real possessor of the confiscated properties
was her co?accused *artin.
Held. CabroBs contention that *artin was the
real curlprit bein' the source of the contraband does not
in an% wa% absolve her of the crime of sellin' mari+uana.
Ahile it is true that it was *artin who too/ the mone%, it
was Cabro who ne'otiated with the poseur bu%ers,
fetched her co?accusedF and carried and handed over
the mari+uana to Apduhan. The acts of *artin and Cabro
clearl% show a unit% of purpose in the consummation of
the sale of mari+uana.
6t is clear that $ection #1 (b" of R.A. 0>#!
punishes the mere conspirac% to commit the offense of
sellin', deliverin', distributin' and transportin' of
dan'erous dru's. Conspirac% herein refers to the mere
a'reement to commit the said acts and not the actual
e-ecution thereof. Ahile the rule is that a mere
conspirac% to commit a crime without doin' an% overt
act is not punishable, the e-ception is when such is
specificall% penali4ed b% law, as in the case of $ection #1
of Republic Act 0>#!. Conspirac% as crime should be
distin'uished from conspirac% as a manner of incurrin'
criminal liabilit% the latter bein' applicable to the case.
P&o*%& +. B&%%o (.221)
Facts. Accused (ello et. al. mapped out a plan
to rob a mone%chan'er. Callin' the mone%chan'er from
a motel room, (ello misrepresented that she came from
8apan and would li/e to convert her >= pieces of %en to
pesos. $he re9uested that the currenc% conversion be
made in her room as she did not want to carr% around a
hu'e sum of mone%. )urin' the occasion of the robber%,
Andasan, the messen'er who brou'ht the mone% to
(ello was /illed. The trial court ruled that (ello conspired
with the other accused and was found 'uilt% as principal
for the crime of robber% with homicide.
(ello, ar'ued that her alle'ed conspirac% with
the other accused was not sufficientl% established b%
circumstantial evidence as there was no showin' that
she had the same purpose and united with the other
accused in the e-ecution of the crime. $he alle'ed that
her mere presence in the crime scene is not per se a
sufficient indi9ium of conspirac%. $he insists that she
acted a'ainst her will due to the irresistible force
emplo%ed b% her co?accused.
Held: The Court held that (ello conspired with
her co?accused to commit the crime. Records clearl%
reveal that (ello was part of the plan to rob the
mone%chan'er. The chain of events and the conduct of
(ello lead to no other conclusion than that she conspired
with her co?accused to commit the crime.
Conspirac% e-ists where the plotters a'ree,
e-pressl% or impliedl%, to commit the crime and decide
to pursue it. Conspirac% is predominantl% a state of mind
as it involves the meetin' of the minds and intent of the
malefactors. Conse9uentl%, direct proof is not essential
to establish it. The e-istence of the assent of minds of
the co?conspirators ma% be inferred from proof of facts
and circumstances which, ta/en to'ether, indicate that
the% are parts of the complete plan to commit the crime.
L! +. P&o*%& (.221)
Facts. (ecause of an altercation between
Aru'a% and &i, the latter armed himself with a baseball
bat and used the same to hit Aru'a% on the arm. Aru'a%
armed with a bolo, retaliated b% hac/in' &i on the head
causin' the bat to fall from his hand and leavin' him
unconscious or semi?unconsious. At this point in time,
$an'alan', who was also present stabbed Aru'a%
several times which resulted to the latterBs death. The
lower court held that there was conspirac% in the
present case
Held: The e-istence of conspirac% should be
ruled out. $an'alan' was the main actor in stabbin'
Aru'a% to death. As &i was incapacitated or probabl%
unconscious at the time $an'alan' stabbed Aru'a%, it
cannot be assumed that $an'alan' did what he has
done with the /nowled'e or assent of &i, much more in
coordination with each other. (ased on the
circumstances, the Court is hard put to conclude that
$an'alan' and &i had acted in concert to commit the
offense. 6n fact, the stabbin' of Aru'a% could ver% well
be construed as a spur?of?the?moment reaction b%
$an'alan' upon seein' that his friend &i was struc/ on
the head b% Aru'a%. Crom such a spontaneous reaction,
a findin' of conspirac% cannot arise.
Provin' conspirac% is a dice% matter, especiall%
difficult in cases such as the present wherein the
criminal acts arose spontaneousl%, as opposed to
instances wherein the participants would have the
opportunit% to orchestrate a more deliberate plan.
$pontaneit% alone does not preclude the establishment
of conspirac%, which after all, can be consummated in a
/ viv Pa'e 1#
#==>?#==!
momentBs notice I throu'h a sin'le word of assent to a
proposal or an unambi'uous handsha/e. Ket it is more
difficult to presume conspirac% in e-temporaneous
outbursts of violenceF hence, the demand that it be
established b% positive evidence. A conviction premised
on a findin' of conspirac% must be founded on facts, not
on mere inferences and presumption.
P&o*%& +. B,-,no (.22.)
Facts. 8eremias and his wife *erlinda were
sleepin' in their home when the% were awa/ened b%
someone repeatedl% callin' 8eremiasM name. 8eremias
went to the window to see who it was and thereafter left
their room to 'o outside. *erlinda remained in their
room, but peerin' throu'h the window, she saw CaNete
suddenl% embrace 8eremias as the latter was openin'
the 'ate. Thereupon, (a'ano with ice pic/ in hand
stabbed 8eremias on the chest. 8eremias stru''led to
free himself from CaNeteMs clasp and ran, but (a'ano
'ave chase. 8eremias died upon arrival at the hospital.
Held: Conspirac% is attendant in the
commission of the crime. Cor conspirac% to e-ist, it is
sufficient that at the time of the commission of the
offense the accused had the same purpose and were
united in its e-ecution. Proof of an actual plannin' of
the perpetuation of the crime is not a condition
precedent. Crom the mode and manner in which the
offense was perpetrated, and as can be inferred from
their acts, it is evident that (a'ano and CaNete were
one in their intention to /ill 8eremias. ,ence, in
accordance with the principle that in conspirac% the act
of one is the act of all, the fact that it was (a'ano who
delivered the fatal blow on 8eremias and CaNeteMs
participation was limited to a mere embrace is
immaterial. Conspirac% bestows upon them e9ual
liabilit%F hence, the% shall suffer the same fate for their
acts.
P&o*%& +. B,n-$,4o (.222)
Facts. $P21 (an'cado to'ether with $P21
(anisa fris/ed and searched Co'asi, Clemente, Adawan
and &ino to see if the% were concealin' an% weapons.
After ma/in' sure that the victims were unarmed,
(an'cado directed the victims to form a line a'ainst a
Cord Cierra. (ecause (an'cado and (anisa were holdin'
hand'uns, Co'asi and his friends did as the% were told
and were cau'ht unaware when the% were shot b%
(an'cado. Adawan and &ino died of 'unshot wounds in
the head, while Co'asi and Clemente sustained head
wounds. The lower court convicted both (an'cado and
(anisa for # counts of murder and # counts of frustrated
murder.
Held: There bein' no findin' of Conspirac%
with (an'cado, the Court ac9uitted (anisa of all the
char'es a'ainst him. 6n the absence of an% previous
plan or a'reement to commit a crime, the criminal
responsibilit% arisin' from different acts directed a'ainst
one and the same person is individual and not collective,
and that each of the participants is liable onl% for his
own acts. Conse9uentl%, (anisa must be absolved from
criminal responsibilit% for the assault on the victims. 6t is
clear that neither the victims nor (anisa could have
anticipated (an'cadoMs act of shootin' the victims since
the attac/ was sudden and without an% reason or
purpose. Thus, the criminal desi'n of (an'cado had not
%et been revealed prior to the /illin's.
P&o*%& +. R,3os (.221)
Facts. The trial court found appellant <ulalia
$an Ro9ue 'uilt% for conspirin' and confederatin' with
her co?accused for the murder of her live?in?partner
&omida. &omida was stabbed, shot and burned resultin'
to his death. Appellant ar'ues that the fact of such
conspirac% has not been satisfactoril% proven durin' the
trial of the case. $he vi'orousl% contends that she did
not participate in the /illin' of the victim.
Held: 6n determinin' the e-istence of
conspirac%, it is not necessar% to show that all the
conspirators actuall% hit and /illed the victim. The
presence of conspirac% amon' the accused can be
proven b% their conduct before, durin' or after the
commission of the crime showin' that the% acted in
unison with each other, evincin' a common purpose or
desi'n. There must be a showin' that appellant
cooperated in the commission of the offense, either
morall%, throu'h advice, encoura'ement or a'reement
or materiall% throu'h e-ternal acts indicatin' a manifest
intent of suppl%in' aid in the perpetration of the crime in
an efficacious wa%. 6n such case, the act of one becomes
the act of all, and each of the accused will thereb% be
deemed e9uall% 'uilt% of the crime committed.
The series of events in this case convincin'l%
show that appellant and her co?accused acted in unison
and cooperated with each other in /illin' &omida.
Appellant was the one who opened the door and allowed
the other accused to enter the house. $he +oined them
in brin'in' the victim to the residence of Ramos, her
brother?in?law. Ahile her co?accused dra''ed the
helpless victim, tied him to a santol tree, stabbed him
twice b% a bladed /nife, and shot him ! to ; times,
appellant merel% watched intensel%. $he even 5turned
her bac/7 as the lifeless bod% of the victim was bein'
burned. And after attainin' their purpose, she fled with
the other accused.
The above circumstances clearl% show the
common purpose and concerted efforts on the part of
appellant and her co?accused.
PROPOSAL
R&<"!s!&sD
a. That a person has decided to commit a
felon%F and
b. That he proposes its e-ecution to some
other person or persons.
There is no criminal proposal when.
a. The person who proposes is not
determined to commit the felon%.
b. There is no decided, concrete and formal
proposal.
c. 6t is not the e-ecution of a felon% that is
proposed.
6t is not necessar% that the person to whom the
proposal is made a'rees to commit treason or rebellion.
US +. B,"!s, (1920)
Facts: )urin' the latter part of 1:=3, a +unta
was or'ani4ed and a conspirac% entered into b% a
number of Cilipino residents in ,O for the purpose of
overthrowin' the 'overnment of the 3$ in the
Philippines and replacin' it with Republica )ni!ersal
Democratica Filipinas. )efendant Ricarte was reco'ni4ed
as chief of militar% forces to be or'ani4ed in the
Philippines. )efendant (autista was an intimate friend of
Ricarte and was present in several meetin's. )efendant
Pu4on admitted that he accepted emplo%ment as chief of
si'nal corps of such +unta.
/ viv Pa'e 13
#==>?#==!
Held. The fact that one accused of conspirac%
to overthrow the 'overnment has actuall% and
voluntaril% accepted appointment b% the conspirators as
an officer of armed forces raised or to be raised in
furtherance of the desi'ns of the conspirators ma% be
ta/en into consideration as evidence of the criminal
connection of the accused with the conspirac%.
P&o*%& +. )&n-$o (1981)
The conspirac% between Constantino &eneses
and &eon )avid is discernible from the wa% in which the
assaulted Celaderna and their conduct sometime before
and immediatel% after the stabbin' that clearl% show
that the% had a'reed to /ill him. The rule is that 5if it is
proven that two or more persons aimed b% their acts
towards the accomplishment of the same unlawful
ob+ect, each doin' a part that their acts, althou'h
apparentl% independent, were in fact connected and
cooperative, indicatin' a closeness of personal
association and concurrence of sentiment, a conspirac%
ma% be inferred thou'h no actual meetin' amon' them
is proven.
P&o*%& +. ),%4&F (1988)
Facts: <leno was about to stand up to
accompan% a relative to a pra%er meetin' when he was
shot at the bac/. The mother loo/ed at the direction
from where the 'unshot came from and was able to
identif% the # defendants as the% turned and ran down
the hill from the bamboo 'rove from which the two hid
behind. The brother of the victim also testified that he
positivel% identified Jalde4 as the one carr%in' the 'un
and that it was 2rodio who was runnin' with him.
Held: 6f conspirac% is proved to e-ist in the
commission of the felon%, it is not necessar% to prove
that participation of each conspirator of all are liable as
an% act of a co?conspirator becomes the act of the other
re'ardless of the precise de'ree of participation in the
act. The evidence is more than ade9uate to show
conspirac% between two accused even if prosecution
failed to show who actuall% pulled the tri''er of the
shot'unF the act of one is the act of all.
P&o*%& +. Es$o/&# (1988)
Facts: Alorte, <scober and Pun4alan were
convicted of havin' /illed the children of spouses Chua
while robbin' (ee $en' <lectrical $uppl% owned b% the
spouses. Abu%en was the former securit% 'uard of the
store while <scober was the present one. Pun4alan is a
friend of Abu%en. <scober and Pun4alan were char'ed as
principals b% indispensable cooperation.
Held: <scober was ac9uitted. <scober bein' on
dut% that fateful ni'ht and openin' the 'ate to persons
who turned out to be robbers and /illers ma/e him an
eas% suspect. ,owever, the fact that accused was at the
scene of the crime is not b% itself sufficient to establish
his criminal liabilit%. To hold the accused as co?principal
in the crime char'ed, the e-istence of conspirac%
between the accused and the actual /illers must be
shown and the same de'ree of proof re9uired for
establishin' the crime is re9uired to support a findin' of
the presence of the conspirac%.
Pun4alan, on the other hand, is 'uilt% as
principal. ,is participation is to act as a loo/?out and
even if he did not participate in the actual /illin', he
cannot evade responsibilit% for the crime.
P&o*%& +. E%!Jo#4& (.22@)
Facts: ,ierro and Jisbal went to the sari?sari
store where the% encountered <li+orde, Pun4alan and
*enes. *enes reacted to a comment made b% ,ierro b%
punchin' him in the face followed b% <li+orde who also
bo-ed him, and Pun4alan who /ic/ed him in the bac/.
The two victims ran awa%. Another confrontation ensued.
Pun4alan /ic/ed ,ierro at the bac/ and the latter ran
awa% but pursued b% <li+orde. <li+orde, then. $tabbed
,ierro at the bac/ with a /nife resultin' to his death.
<li+orde and Pun4alan were char'ed with murder.
Held: No conspirac% between the # because
there is no evidence to show unit% of purpose and
desi'n in the e-ecution of the /illin'. Pun4alan onl%
/ic/ed ,ierro twice after which he did not cooperate with
<li+orde in pursuin' and /illin' the victim. *ere /ic/in'
does not necessaril% prove intent to /ill. Thus, each of
the accused is liable onl% for his own acts. Pun4alan is
ac9uitted.
STA6ES OF COMMISSION OF A CRIME
A#. 0. Consummate& frustrate& an attempte
felonies! I Consummated felonies as well as those
which are frustrated and attempted, are punishable.
A felon% is consummated when all the
elements necessar% for its e-ecution and
accomplishment are presentF and it is frustrated when
the offender performs all the acts of e-ecution which
would produce the felon% as a conse9uence but which,
nevertheless, do not produce it b% reason of causes
independent of the will of the perpetrator.
There is an attempt when the offender
commences the commission of a felon% directl% or over
acts, and does not perform all the acts of e-ecution
which should produce the felon% b% reason of some
cause or accident other than this own spontaneous
desistance.
DE)ELOPMENT OF A CRIME
a. internal acts @ such as mere ideas in the
mind of a person, are not punishable even if,
had the% been carried out, the% would
constitute a crime
b. external acts @ cover a" preparator% and b"
acts of e-ecution
c. preparatory @ acts tendin' toward the crimeF
ordinaril% not punishable unless specificall%
provided forF these acts do not %et constitute
even the first sta'e of the acts of e-ecutionF
intent not %et disclosed
d. acts of execution @ acts directl% connected to
the intended crimeF varies with the crime and
is punishable under the codeF usuall% overt
acts with a lo'ical relation to a particular
concrete offense
STA6ES OF COMMISSION
1. $ttempte @ there is an attempt when the
offender performs all the acts of e-ecution
which would produce the felon% as a
conse9uence but which, nevertheless, do not
produce it b% reason of causes independent of
the will of the perpetrator.
#. 1rustrate @ it is frustrated when the offender
performs all the acts of e-ecution which would
produce the felon% as a conse9uence but which
nevertheless, do not produce it b% reason of
some cause or accident other than his own
spontaneous desistance.
/ viv Pa'e 1>
#==>?#==!
3. Consummate @ a felon% is consummated
when all the elements necessar% for its
e-ecution and accomplishment are present.
ATTEMPTED FELONY
E%&3&nsD
1. The offender commences the commission of the
felon% directl% b% overt actsF
#. ,e does not perform all the acts of e-ecution
which should produce the felon%F
3. The offenderBs act is not stopped b% his own
spontaneous desistanceF
>. The non?performance of all acts of e-ecution was
due to cause or accident other than his own
spontaneous desistance.
The commission of the felon% is deemed commenced
directl% b% overt acts when 1" there be e-ternal actsF #"
such e-ternal acts have direct connection with the crime
intended to be committed.

'2ER" $C" @ some ph%sical activit% or deed, indicatin'
the intention to commit a particular crime, more than a
mere plannin' or preparation, which if carried to its
complete termination followin' its natural curse, without
bein' frustrated b% e-ternal obstacles nor b% voluntar%
desistance of the perpetrator, will lo'icall% and
necessaril% ripen into a concrete offense.
)rawin' or tr%in' to draw a pistol or raisin' a bolo as
if to stri/e the offended part% with it is not an overt act
of homicide.
*NDE"ER)*N$"E '11ENSE @ 6t is one where the
purpose of the offender in performin' an act is not
certain. 6ts nature in relation to its ob+ective is
ambi'uous.
The intention of the accused must be viewed from the
nature of the acts e-ecuted b% him, and not from his
admission.
S3,4EC"*2E $ND ',4EC"*2E P+$SES '1 $
1EL'N5
1. SUB7ECTI)E PHASE
? That portion of the e-ecution of the
crime startin' from the point where the offender
still has control over his acts.
? 6f the offender reaches the point
where he has no more control over is acts, the
sub+ective phase is passed.
? 6f it is alread% passed but the felon% is
not produced, it is frustrated.
.. OB7ECTI)E PHASE
? the result of the acts of e-ecution,
that is, the accomplishment of the crime.
? 6f the sub+ective and ob+ective phases
are present, there is consummated felon%.
P&o*%& +. L,3,;,n- (19@()
Facts: The accused was cau'ht in the act of
ma/in' an openin' with an iron bar on the wall of a
store where the owner was sleepin'. The accused had
onl% succeeded in brea/in' one board and in unfastenin'
another from the wall, when the policeman showed up,
who instantl% arrested him. The trial court convicted him
of attempted robber%.
Held. The conviction is erroneous. 6t is the
opinion of the $C that the attempt to commit an offense
which the Penal code punishes is that which has a lo'ical
relation to a particular, concrete offenseF that, which is
the be'innin' of the e-ecution of the offense b% overt
acts of the perpetrator, leadin' directl% to its reali4ation
and consummation. Ahat we have here is an attempt to
commit an indeterminate offense.
There is no doubt that it was the intention of
the accused to enter the store b% means of violence,
passin' throu'h the openin' which he had started to
ma/e on the wall, but it is not sufficient, for the purpose
of imposin' penal sanction to ma/e an assumption that
the act was in preparation for the commission of
robber%. There is no lo'ical and natural relation between
the act of enterin' and robber%. Thus, he should be
'uilt% of attempted trespass to dwellin'.
P&o*%& +. D!o (1981)
Facts: The appellant and his companion tried
to divest Crispulo of his $ei/o wrist watch but Crispulo
resisted their attempt and fou'ht the robbers. The
victim was stabbed and later died. The $ei/o watch was
still strapped to his wrist. The lower court convicted the
appellant of the special comple- crime of robber% with
homicide.
Held: The decision of the lower court was
erroneous. The accused were unsuccessful in their
criminal venture since the watch was still securel%
strapped to the victimBs wrist. The crime of robber% was
therefore not consummated. The /illin' ma% be
considered as merel% incidental to the plan to carr% out
the robber%. The accused must be convicted of
attempted robber% with homicide.
P&o*%& +. T#!n!4,4 (1989)
Facts: )eceased $oriano and &aroa to'ether
with Tan were inside a Cord Cierra Trinidad as/ed for a
ride. The accused shot the two deceased. Tan 'ot off the
Cierra and rode a +eepne% which +ust passed b%. Ahen
he saw the accused ridin' at the bac/ of the +eep, he
tried to run but when the +eep started drivin' awa%, he
clun' to its side. The accused fired two shots at Tan, one
hittin' him on his thi'h. The lower court convicted him
of frustrated murder.
Held: The accused can onl% be convicted of
Attempted *urder because the accused was unable to
perform all acts of e-ecution which would have produced
the murder. The victimBs wound in the ri'ht thi'h was
not fatal and the doctrinal rule is that where the wound
is inflicted on the victim is not sufficient to cause his
death, the crime is onl% attempted murder.
P&o*%& +. C,3*";,n (.222)
Facts: The mother of the >?%ear?old victim
cau'ht the housebo% Campuhan in the act of almost
rapin' her dau'hter. The h%men of the victim was still
intact but since in previous 2rita rulin', entr% into labia
is considered rape even without rupture of h%men and
full penetration is not necessar%, 9uestion arises whether
what transpired was attempted or consummated rape.
Held. Attempted rape onl%. *ere touchin' of
e-ternal 'enitalia b% penis is alread% rape. ,owever,
touchin' should be understood as inherentl% part of
entr% of penis into labia and not mere touchin' of the
pudendum. There must be clear and convincin' proof
that the penis indeed touched the labia and slid into the
female or'an and N2T *<R<&K $TR2O<) T,< <HT<RNA&
$3RCAC<. $ome de'ree of penetration beneath the
surface must be achieved and the labia ma+or must be
/ viv Pa'e 1!
#==>?#==!
entered. Prosecution did not prove that the CampuhanBs
penis was able to penetrate victimBs va'ina because the
/neelin' position of the accused obstructed the motherBs
view of the alle'ed se-ual contact. The testimon% of the
victim herself claimed that penis 'ra4ed but did not
penetrate her or'an.
There was onl% a shelling of the castle but no
bombardment of the drawbridge yet.
P&o*%& +. L!s&#!o (.222)
Facts: (rothers 8eonito and *arlon were
passin' b% Tramo, *untinlupa when a 'roup composed
of A'apito &isterio, $amson, 1eor'e, and *arlon, all
surnamed )ela Torre and (onifacio (anca%a bloc/ed
their path and attac/ed them with lead pipes and bladed
weapons. &isterio, *arlon and 1eor'e, who were armed
with bladed weapons, stabbed 8eonito from behind.
8eonitoBs brother, *arlon, was hit on the head b%
$amson and (anca%a with lead pipes and momentaril%
lost consciousness. Ahen he re'ained his senses, he
saw that 8eonito was alread% dead. Their assailants then
fled after the incident. *arlon who sustained in+uries in
the arm and bac/, was thereafter brou'ht to a hospital
for treatment. The lower court found &isterio 'uilt% for
the 5attempt7 to /ill *arlon.
Held: The $C held that the crime is a
frustrated felon% not an attempted offense considerin'
that after bein' stabbed and clubbed twice in the head
as a result of which he lost consciousness and fell,
*arlonMs attac/ers apparentl% thou'ht he was alread%
dead and fled.
A crime cannot be held to be attempted unless
the offender, after be'innin' the commission of the
crime b% overt acts, is prevented, a'ainst his will, b%
some outside cause from performin' all of the acts
which should produce the crime. 6n other words, to be
an attempted crime the purpose of the offender must be
thwarted b% a forei'n force or a'enc% which intervenes
and compels him to stop prior to the moment when he
has performed all of the acts which should produce the
crime as a conse9uence, which acts it is his intention to
perform. 6f he has performed all the acts which should
result in the consummation of the crime and voluntaril%
desists from proceedin' further, it cannot be an attempt.
P
),%&nF"&%, +. P&o*%& (.227)
Facts: A 'rocer% bo% was cau'ht tr%in' to
abscond a bo- of Tide 3ltrabar laundr% soap from the
$uper $ale Club. The 'uards apprehended him at the
store par/in' lot while tr%in' to board a ta-i. ,e claimed
the theft was merel% frustrated for he was not able to
dispose of the 'oods.
Held: The Revised Penal Code provisions on
theft have not been desi'ned in such fashion as to
accommodate the Adiao, )ino and <mpelis rulin's.
A'ain, there is no lan'ua'e in Article 3= that e-pressl%
or impliedl% allows that the 5free disposition of the items
stolen7 is in an% wa% determinative of whether the crime
of theft has been produced. Ae thus conclude that
under the Re!ised Penal Code# there is no crime of
frustrated theft.
FRUSTRATED FELONY
E%&3&nsD
1. The offender performs all the acts of
e-ecutionF
#. All the acts performed would produce the
felon% as a conse9uenceF
3. (ut the felon% is not producedF
>. (% reason of causes independent of the
will of the perpetrator.
6n frustrated felon%, the offender must perform all the
acts of e-ecution. Nothin' more is left to be done b% the
offender, because he has performed the last act
necessar% to produce the crime.
FRUSTRATED FELONY )S. ATTEMPTED FELONY
1. 6n both, the offender has not accomplished his
criminal purpose.
#. Ahile in frustrated felon%, the offender has
performed all the acts of e-ecution which would
produce the felon% as a conse9uence, in
attempted felon%, the offender merel%
commences the commission of a felon% directl%
b% overt acts and does not perform all the acts of
e-ecution.
ATTEMPTED OR
FRUSTRATED
IMPOSSIBLE CRIME
The evil intent of the offender is not accomplished
The evil intent of the
offender is possible of
accomplishment
offender cannot be
accomplished
The evil intent cannot be
accomplished because of
the intervention of certain
cause or accident in which
the offender had no part
offender cannot be
accomplished because it is
inherently impossible of
accomplishment or
because the means
employed by the offender
is inade*uate or
ineffectual
P&o*%& +. E#!5, (19.7)
Facts: The victim of the crime was a child of 3
%ears and 11 months. There are doubts whether the
accused succeeded in penetratin' the va'ina before
bein' disturbed in the timel% intervention of the mother
and sister. The ph%sician found a sli'ht inflammation of
the e-terior parts of the or'an, indicatin' an effort had
been made to enter the va'ina but it is doubtful whether
the entr% had been effected.
Held: Thou'h complete penetration is not
necessar%, penetration of the labia is sufficient. ,owever,
since there is no sufficient evidence of such penetration,
the act is merel% frustrated.
Dissent. 6t is consummated rape.
P&o*%& +. O#!, (1992)
Facts: The victim was a 1:?%ear old colle'e
student. $he arrived at her boardin' house earl%
mornin' comin' from a late?ni'ht part%. The accused
suddenl% held her and po/ed a /nife to her nec/. The%
entered a room and the victim was ordered to lie down.
The accused made the victim hold his penis and insert it
in her va'ina. (ecause of their position, the accused
cannot full% penetrate her. 2nl% a small part of his penis
inserted her va'ina. The victim was able to escape and
report to the police what happened. The lower court
convicted the accused of frustrated rape.
Held: Perfect penetration is not essential for
the consummation of rape. <ntr% of the labia or lips of
/ viv Pa'e 10
#==>?#==!
the female or'an without rupture of the h%men or
laceration of the va'ina is sufficient to warrant
conviction. Clearl%, in the crime of rape, from the
moment the offender has carnal /nowled'e of his victim,
he actuall% attains his purpose and, from that moment
also all the essential elements of the offense have been
accomplished. Nothin' more is left to be done b% the
offender, because he has performed the last act
necessar% to produce the crime. Thus, the felon% is
consummated rape.
Ta/in' into account the nature, elements and
manner of e-ecution of the crime of rape and
+urisprudence on the matter, it is hardl% conceivable how
the frustrated sta'e in rape can ever be consummated.
P&o*%& +. C,/,%%&#o (.22@)
Facts. As <u'ene wal/ed b% the 'ate of the
*ondra'on Compound, Armando Caballero suddenl%
'rabbed <u'ene towards the compound. <u'ene
resisted. $pontaneousl%, ArmandoBs brothers Ricardo,
*arciano, 8r., and Robito +oined Armando and assaulted
<u'ene. Armando too/ the wooden pole supportin' the
clothesline and hit <u'ene with it. <u'eneBs sister,
*%rna, saw the Caballero brothers assaultin' <u'ene
and shouted for help. Arnold saw the commotion and
rushed to the scene to pacif% the prota'onists. ,owever,
Ricardo accosted Arnold and stabbed the latter on the
left side of his bod%. Corthwith, Robito, *arciano, 8r. and
Armando 'an'ed up on Arnold. Two of them stabbed
Arnold on his forearm. Arnold fled for his life and hid
under the house of a nei'hbor. &eonilo, who li/ewise
rushed to the scene was stabbed b% Robito. <u'ene and
&eonilo eventuall% died from the stab wounds the%
sustained. )r. Quisumbin', who attended to and
operated on Arnold, testified that the stab wound
sustained b% Arnold on the left side of his bod% was
mortal and could have caused his death were it not for
the timel% and effective medical intervention.
Held: A crime is frustrated when the offender
has performed all the acts of e-ecution which should
result in the consummation of the crime. The offender
has passed the sub+ective phase in the commission of
the crime. $ub+ectivel%, the crime is complete. Nothin'
interrupted the offender while passin' throu'h the
sub+ective phase. ,e did all that is necessar% to
consummate the crime. ,owever, the crime is not
consummated b% reason of the intervention of causes
independent of the will of the offender. 6n homicide
cases, the offender is said to have performed all the acts
of e-ecution if the wound inflicted on the victim is mortal
and could cause the death of the victim barrin' medical
intervention or attendance.
CONSUMMATED FELONY
R&<"!s!&sD
1. All the acts of e-ecution are present
#. The result is achieved.
<ver% crime has its own elements which must all be
present to constitute a culpable violation of a precept of
law.
Ho9 o 4&&#3!n& 9;&;&# ;& 8&%on> !s
,&3*&4' 8#"s#,&4 o# $ons"33,&4K
6! the nature of the offense
e-. 6n arson, it is not necessar% that the propert% is
totall% destro%ed b% fire. The crime of arson is
therefore consummated even if onl% a portion of the
wall or an% other part of the house is burned.
7! the elements constituting the felony
e-. 6n theft, the mere removal of the personal
propert% belon'in' to another with intent to 'ain is
sufficient to consummate the offense. 6n estafa, the
offended part% must actuall% be pre+udiced or
dama'ed. (Adiao case vs. )omi'ue4 case"
8! the manner of committing the crime
,. formal crimes @ those which are consummated
b% a sin'le act (e-. $lander, adulter%"
There can be no ATT<*PT in a formal crime.
/. crimes consummate by mere attempt (e-.
Attempt to flee to an enem% countr%, treason"
There is not ATT<*PT<) crime because the
overt act in itself consummates the crime.
c! felonies by omission
There can be no attempted sta'e because the
offender does not e-ecute acts. ,e omits to
perform an act which the law re9uires him to do.
4. crimes committe by mere agreement
? The offer made b% one of the parties to the other
constitutes attempted felon%, if the offer is
re+ected.
? 6n view of this rule, it would seem that there is
no frustrated briber% but in People v. )ie'o Quin,
$C ruled that if the public officer returned the
mone% 'iven b% the defendant, there is
frustrated briber%.
e! material crimes
? There are three sta'es of consummation.
attempted, frustrated and consummated.
US +. A4!,o (19(()
Facts: Adiao is a customs inspector. ,e
abstracted a leather belt from the lu''a'e of a 8apanese
and secreted the belt under his des/ in the Customs
,ouse where it was found b% other customs emplo%ees.
Adiao was convicted of frustrated theft.
Held: $ince the defendant performed all the
acts of e-ecution necessar% for the accomplishment of
the felon%, he is 'uilt% of consummated crime of theft.
The fact that he was under observation durin' the entire
transaction and was unable to 'et the merchandise out
of the Customs ,ouse is not decisiveF all the elements of
the completed crime of theft are present.
P&o*%& +. H&#n,n4&F (19.()
Facts: The accused, a ;=?%ear?old man was
convicted b% the trial court of frustrated rape for havin'
intercourse with his 'randdau'hter who was at that time
onl% : %ears of a'e. The lower court claimed that there
can be no consummated rape without a complete
penetration of the h%men.
Held: Cindin' the h%men intact is not alwa%s
proof that no rape has been committed. The law ma%
now indeed be considered as settled that while the
rupturin' of the h%men is not indispensable to a
conviction, there must be proof of some de'ree of
entrance of the male or'an within the labia of
pudendum. 6n the present case, the ph%sician found the
labia and the openin' of the va'ina inflamed to'ether
with an abundance of semen. Child even testified that
/ viv Pa'e 1;
#==>?#==!
defendant succeeded partial penetration. The accused is
'uilt% of consummated rape.
D. CLASSIFICATION OF FELONIES
A#. 9. 9rave felonies& less grave felonies an light
felonies. I 1rave felonies are those to which the law
attaches the capital punishment or penalties which in
an% of their periods are afflictive, in accordance with Art.
#! of this Code.
&ess 'rave felonies are those which the law
punishes with penalties which in their ma-imum period
are correctional, in accordance with the above?
mentioned Art.
Art. : classifies felonies accordin' to their 'ravit%.
a. 6RA)E FELONIES @ those in which the law
attaches a capital punishment or afflictive
penalt%.
Capital punishment is death penalt%
The afflictive penalties in accordance with Art.
#! of this code are.
reclusion perpetua
reclusion temporal
perpetual or temporar% absolute
dis9ualification
perpetual or temporar% special
dis9ualification
prision mayor
b. LESS 6RA)E FELONIES @ those in which their
ma-imum period are correctional
Ahen the penalt% prescribed for the offense is
composed of two or more distinct penalties, the
hi'her or hi'hest of the penalties must be a
correctional penalt%.
The followin' are correctional penalties
prision correccional
arresto mayor
suspension
destierro
c. LI6HT FELONIES @ those infractions of law in
which the penalt% is arresto menor or a fine not
e-ceedin' P#== or both.
A felon% punishable b% a fine not e-ceedin'
P#== and censure is a li'ht felon%, because public
censure, li/e arresto menor, is a li'ht felon%.
A#. 7. 0hen light felonies are punishable! I &i'ht
felonies are punishable onl% when the% have been
consummated, with the e-ception of those committed
a'ainst person or propert%.
&i'ht felonies are those infractions of law for the
commission of which a penalt% of arresto menor or a
fine not e-ceedin' #== pesos or bothF is provided.
This should be seen in the li'ht of articles prescribin'
penalties for crimes in their different sta'es of
commission. This means that li'ht felonies which are
onl% attempted or frustrated are not punishable b% law.
,owever, in the commission of crimes against persons
and property, ever% sta'e of e-ecution is punishable but
onl% the principals and accomplices are liable in li'ht
felonies, the accessories are not.
Rationale. &i'ht felonies produce such sli'ht or
insi'nificant moral and material in+uries that public
conscience is assua'ed b not providin' for penalt% for
li'ht felonies which are not consummated and to mere
accomplices.
III. CRIMINAL LIABILITY
A. HOW INCURRED
A#. 1. Criminal liability! I Criminal liabilit% shall be
incurred.
1. (% an% person committin' a felon% (delito"
althou'h the wron'ful act done be different from that
which he intended.
#. (% an% person performin' an act which
would be an offense a'ainst persons or propert%, were it
not for the inherent impossibilit% of its accomplishment
or an account of the emplo%ment of inade9uate or
ineffectual means.
This article has no reference to the manner criminal
liabilit% is incurred. The manner incurrin' criminal
liabilit% under the RPC is stated under Art. 3, that is,
performin' or failin' to do an act, when either is
punished b law, b% means of deceit or fault.
Art. > merel% states that criminal liabilit% is incurred
b% those mentioned b% the said article.
6! ,y any person committing a felony although the
#rongful act one be ifferent from that #hich he
intene
REBUISITESD
a. That an intentional felony has been
committedF and
b. That the wron' done to the a''rieved
part% be the direct and natural and logical
conse9uence of the felon%.
An% person who creates in anotherBs mind an
immediate sense of dan'er, which causes the latter to
do somethin' resultin' in the latterBs in+uries, is liable
for the resultin' in+uries.
Aron' done must be the direct, natural and lo'ical
conse9uence of the felon% committed.
? where it clearl% appears that the in+ur% would
not have cased death, in the ordinar% course of events,
but would have healed in so man% da%s and where it is
shown be%ond all doubt that the death was due to the
malicious or careless acts of the in+ured person or a
third person, the accused is not liable for homicide.
The offended part% is not obli'ed to submit to a
sur'ical operation to relieve the accused from the
natural and ordinar% results of his crime.
The felon% committed must be the pro-imate cause of
the resultin' in+ur%.
The causes which ma% produce a result different from
that which the offender intended are.
/ viv Pa'e 1
#==>?#==!
a. ERROR IN PERSONAE ? mista/e in the
identit% of the victimF in+urin' one person
mista/en for another (this is a comple-
crime under Art. >:"
b. ABERRATIO ICTUS ? mista/e in the
blow, that is, when the offender intendin'
to do an in+ur% to one person actuall%
inflicts it on anotherF and
c. PRAETER INTENTIONEM @ the act
e-ceeds the intent, that is, the in+urious
result is 'reater than that intended.
G RPC, Art. 13 +itigating circumstance @
3" That the offender had no intention to
commit so 'rave a wron' as that committed.
7! ,y any person performing an act #hich #oul
be an offense against persons or property& #ere it
not for the inherent impossibility of its
accomplishment or an account of the employment
of inae-uate or ineffectual means!
B"!no +. An4#&s (.22()
Facts: 1arcia, a 1rade > elementar% school
pupil, and his pla%mate, Ailson Quinto, who was about
11 %rs old saw Andres and Pacheco who invited them to
'o fishin' inside a draina'e culvert. Ailson assented but
1arcia seein' that it was dar/ inside opted to remain
seated in a 'rass% area about #meters from the
entrance of the draina'e s%stem. Pacheco, Andres and
Quinto, entered the draina'e s%stem which was covered
b% concrete culvert about a meter hi'h and a meter
wide, with water about a foot deep. After a while,
respondent Pacheco, who was holdin' a fish, came out
of the draina'e s%stem and left without sa%in' a word.
Andres also came out, went bac/ inside, and emer'ed
a'ain, this time, carr%in' Ailson who was alread% dead.
Andres laid the bo%Ms lifeless bod% down in the 'rass%
area. $hoc/ed at the sudden turn of events, 1arcia fled
from the scene. Cor his part, Andres went to the house
of petitioner *elba Quinto, AilsonMs mother, and
informed her that her son had died. *elba Quinto rushed
to the draina'e culvert while respondent Andres followed
her.
Held: The court ruled that respondents cannot
be held criminall% nor civill% liable for the death of
Ailson. 6n this case, the petitioner failed to adduce proof
of an% ill?motive on the part of either respondent to /ill
the deceased before or after the latter was invited to
+oin them in fishin'. 6ndeed, the petitioner testified that
respondent Andres used to 'o to their house and pla%
with her son before the latterMs death. Ahen the
petitionerMs son died inside the draina'e culvert, it was
respondent Andres who brou'ht out the deceased. ,e
then informed the petitioner of her sonMs death. <ven
after informin' the petitioner of the death of her son,
respondent Andres followed the petitioner on her wa% to
the 'rass% area where the deceased was.
P&o*%& +. ),%%&4o# (.22.)
Facts: Ro'er was in his house wor/in' on a
letterin' +ob inside his bedroom to'ether with his first
cousin, <lsa and his friends# $implicio and Antonio. All
of a sudden, Jalledor entered the room, uttered Ro'erMs
nic/name (L8erL" and immediatel% attac/ed him with a
/nife. Jalledor then stabbed <lsa on the chest and said,
LA/o a/abales den, <lsa.L (6 had m% reven'e, <lsa".
Thereafter, Jalledor fled, leavin' $implicio and Antonio
unharmed. Ro'er and <lsa were immediatel% brou'ht to
the hospital. 2n their wa% out, Antonio noticed a
commotion and saw that Ricardo, a nei'hbor of the
victim, who was li/ewise stabbed b% Jalledor was
wounded. <lsa was declared dead on arrival. Ro'er on
the other hand was treated for the !?centimeter wound
sustained b% him on his ri'ht forearm. Jalledor invo/ed
the defense of insanit%.
Held: Jalledor failed to dischar'e the burden of
overcomin' the presumption of sanit% at the time of the
commission of the crime.
8ud'in' from his acts, Jalledor was clearl%
aware and in control of what he was doin' as he in fact
purposel% chose to stab onl% the two victims. Two other
people were also inside the room, but Jalledor went for
the victims. ,is obvious motive of reven'e a'ainst the
victims was accentuated b% callin' out their names and
utterin' the words, L6 had m% reven'eL after stabbin'
them. Cinall%, his act of immediatel% fleein' from the
scene after the incident indicates that he was aware of
the wron' he has done and the conse9uence thereof.
As consistentl% held b% this Court, LA man ma%
act cra4% but it does not necessaril% and conclusivel%
prove that he is le'all% so. Then, too, the medical
findin's showin' that Jalledor was sufferin' from a
mental disorder after the commission of the crime, has
no bearin' on his liabilit%. Ahat is decisive is his mental
condition at the time of the perpetration of the offense.
Cailin' to dischar'e the burden of provin' that he was
le'all% insane when he stabbed the victims, he should
be held liable for his felonious acts.
Intent
R&$"&#4o +. P&o*%& (.220)
,eld. 1eneral criminal intent is an element of
all crimes but malice is properl% applied onl% to
deliberate acts done on purpose and with desi'n. <vil
intent must unite with an unlawful act for there to be a
felon%. A deliberate and unlawful act 'ives rise to a
presumption of malice b% intent. 2n the other hand,
specific intent is a definite and actual purpose to
accomplish some particular thin'.
The 'eneral criminal intent is presumed from
the criminal act and in the absence of an% 'eneral intent
is relied upon as a defense, such absence must be
proved b% the accused. 1enerall%, a specific intent is
not presumed. 6ts e-istence, as a matter of fact, must
be proved b% the $tate +ust as an% other essential
element. This ma% be shown, however, b% the nature of
the act, the circumstances under which it was
committed, the means emplo%ed and the motive of the
accused
IMPOSSIBLE CRIMES
REBUISITESD
1. T;, ;& ,$ *&#8o#3&4 9o"%4 /& ,n o88&ns&
,-,!ns persons o# property!
FELONIES A6AINST PERSONS ARED
a. Parricide
b. *urder
c. ,omicide
d. 6nfanticide
e. Abortion
f. )uel
'. Ph%sical 6n+uries
h. Rape
FELONIES A6AINST PROPERTY ARED
a. Robber%
/ viv Pa'e 1:
#==>?#==!
b. (ri'anda'e
c. Theft
d. 3surpation
e. Culpable 6nsolvenc%
f. $windlin' and other deceits
'. Chattel *ort'a'e
h. Arson and other crimes involvin'
destruction
i. *alicious *ischief
.. T;, ;& ,$ 9,s 4on& 9!; evil intent!
The offender must have intent to do in+ur% to
another.
@. T;, !s ,$$o3*%!s;3&n !s inherently
!3*oss!/%&' o# ;, ;& 3&,ns &3*%o>&4 !s
&!;&# inae-uate o# ineffectual .
6n impossible crime, the act performed b% the
offender cannot produce an offense a'ainst persons
or propert% because.
,. the commission of the offense is
inherently impossible of accomplishment
? The act intended b% the offender is b% its
nature one of impossible accomplishment.
? There must either 1" &<1A& 6*P2$$6(6&6TK,
or #" P,K$6CA& 6*P2$$6(6&6TK
? e-amples. 1" when one tries to /ill another
b% puttin' in his substance which he believes to be
arsenic when in fact it is common saltF #" when one
tries to murder a corpse.
b. the means employe is either inae-uate
or ineffectual
? e-ample. when one tries to poison another but
the 9uantit% of arsenic added in his substance was
not sufficient to /ill a person
? but where the means emplo%ed is ade9uate
and the result e-pected is not produced, it is not an
impossible crime, but a frustrated felon%.
1. T;, ;& ,$ *&#8o#3&4 s;o"%4 no
$ons!"& , +!o%,!on o8 ,no;&# *#o+!s!on o8
;& RPC
? e-ample. A pointed a 'un at ( to rob the latter
of a watch but ( was not wearin' a watch. 6t is
not an impossible crime because ABs pointin' his
'un at ( alread% constituted at least the crime of
'rave threats.
0hy is an impossible crime punishable:
6t is punishable in order to suppress criminal
tendencies. 2b+ectivel%, the offender has not committed
a felon%, but sub+ectivel%, he is a criminal.
U#/,no +. IAC (1988)
Facts: 3rbano went to his rice field and found
his pala% flooded with water. 3rbano found out that it
was 8avier who was responsible for the openin' of the
irri'ation canal. ,e 'ot an'r% and tried to hac/ 8avier
but the latter tried to parr% the attac/ and in the
process, a two?inch incised wound was inflicted on the
ri'ht palm of 8avierBs hand. The wound was treated and
incapacitation was dia'nosed to be from ;?: da%s. ##
da%s after, 8avier was rushed to the hospital in a ver%
serious condition caused b% tetanus to-in. 8avier died
the ne-t da%. 3rbano was convicted of homicide.
Held: 3rbano is ac9uitted because the infection
was distinct and forei'n to the crime. The pro-imate
cause of 8avierBs death was due to his own ne'li'ence as
he went bac/ to wor/ even if his wound had not %et
healed properl%. The evidence on record also shows that
the wound inflicted b% 3rbano did not e-hibit an% si'ns
of bein' infected with tetanusF at most, it was onl%
infected with a mild form of tetanus and not the severe
form that /illed him.
Ino4 +. CA (199.)
Facts: 6ntod et al. went to Palan'pan'anBs
house, all armed with firearms. The% went the bedroom
and be'an firin' their weapons. ,owever, Palan'pan'an
was in another cit% and her home was occupied b% her
son?in?law and his famil%. No one was in the room when
the accused fired their weapons. RTC convicted the
accused of attempted murder.
Held. The accused is 'uilt% of an impossible
crime. The factual situation in the case presents a
ph%sical impossibilit% which rendered the intended crime
impossible of performance.
B. CIRCUMSTANCES AFFECTIN6 CRIMINAL
LIABILITY
IMPUTABILITY RESPONSIBILITY
Qualit% b% which an act
ma% be ascribed to a
person as its author or
owner.
2bli'ation of sufferin' the
conse9uences of the
crime.
6mplies that a deed ma%
be imputed to a person.
6mplies that the person
must ta/e the
conse9uence of such deed.
1. 7USTIFYIN6 CIRCUMSTANCES
L Those where the act of a person is said to be
in accordance with law, so that such person is deemed
not to have trans'ressed the law and is free from both
criminal and civil liabilit%.
L The law reco'ni4es the non?e-istence of a
crime b% e-pressl% statin' in the openin' sentence of
Art. 11 that the person therein mentioned 5)2 N2T
6NC3R CR6*6NA& &6A(6&6TK.7
A#. 11. 4ustifying circumstances. I The followin' do
not incur an% criminal liabilit%.
1. An%one who acts in defense of his person or
ri'hts, provided that the followin' circumstances concurF
First. 3nlawful a''ression
Second. Reasonable necessit% of the means
emplo%ed to prevent or repel it.
,hird. &ac/ of sufficient provocation on the
part of the person defendin' himself.
#. An% one who acts in defense of the person
or ri'hts of his spouse, ascendants, descendants, or
le'itimate, natural or adopted brothers or sisters, or his
relatives b% affinit% in the same de'rees and those
consan'uinit% within the fourth civil de'ree, provided
that the first and second re9uisites prescribed in the
ne-t precedin' circumstance are present, and the
further re9uisite, in case the revocation was 'iven b%
the person attac/ed, that the one ma/in' defense had
not part therein.
/ viv Pa'e #=
#==>?#==!
3. An%one who acts in defense of the person
or ri'hts of a stran'er, provided that the first and second
re9uisites mentioned in the first circumstance of this
Article are present and that the person defendin' be not
induced b% reven'e, resentment, or other evil motive.
>. An% person who, in order to avoid an evil or
in+ur%, does not act which causes dama'e, provided that
the followin' re9uisites are present.
First. That the evil sou'ht t be avoided
actuall% e-ists.
Second. That the in+ur% feared be 'reater
than that done to avoid itF
,hird. That there be no other practical and
less harmful means of preventin' it.
!. An% person who acts in fulfillment of a dut%
or in the lawful e-ercise of a ri'ht or office.
0. An% person who acts in obedience to an
order issued b% a superior for some lawful purpose.

R Article 11 reco'ni4es the acts of such persons as
+ustified. $uch persons are not criminals, as there is no
crime committed
P,#. 1 M SELF=DEFENSE
L $elf?defense includes not onl% the defense of
the person or bod% of the one assaulted but also that of
his ri'hts, that is, those ri'hts the en+o%ment of which is
protected b% law.
REBUISITESD
a! "here must be unla#ful aggression
R This is an indispensable re9uisite.
R 6f there is no unlawful a''ression, there is nothin'
to prevent or repel.
R 3nlawful a''ression is e9uivalent to assault or at
least threatened assault of an immediate and
imminent /ind.
R There must be an ACT3A& P,K$6CA& assault upon
a person, or at least a T,R<AT to inflict real in+ur%.
R Ahen there is no peril to oneBs life, limb or ri'ht,
there is no unlawful a''ression.
PERIL TO ONENS LIFE
1. ACTUAL @ that the dan'er must be present, that
is, actuall% in e-istence.
#. IMMINENT? that the dan'er is on the point of
happenin'. 6t is not re9uired that the attac/ alread%
be'ins, for it ma% be too late.
R A slap on the face constitutes unlawful a''ression
since the face represents a person and his di'nit%.
$lappin' it is a serious personal attac/.
R Retaliation is different from an act of self?defense.
6n #&,%!,!on, the a''ression that was be'un b% the
in+ured part% alread% ceased to e-ist when the
accused attac/ed him. 6n s&%8=4&8&ns&, the
a''ression was still e-istin' when the a''ressor was
in+ured or disabled b% the person ma/in' a defense.
R 6n self?defense, the person must have no time nor
occasion for deliberation and cool thin/in'.
R The unlawful a''ression must come from the
person who was attac/ed b% the accused.
R There is no unlawful a''ression when there is
a'reement to fi'ht because where the fi'ht has been
a'reed upon, each of the prota'onists is at once
assailant and assaulted. (ut when the a''ression is
ahead of the stipulated time and place, it is unlawful.
R The rule now is $TAN) 1R23N) A,<N 6N T,<
R61,T. $o, where the accused is where he has the
ri'ht to be, the law does not re9uire him to retreat
when his assailant is rapidl% advancin' upon him with
a deadl% weapon.
R The belief of the person ma% be considered in
determinin' the e-istence of unlawful a''ression.
<-. 6f the a''ressor used a to% pistol but the
accused believed it was a real 'un, he ma% claim self?
defense.
b! Reasonable necessity of the means employe
to prevent or repel it
R The second re9uisite presupposes the e-istence of
unlawful a''ression.
R The law protects not onl% the person who #&*&%s
an a''ression (meanin' actual", but even the person
who tries to *#&+&n an a''ression that is e-pected
(meanin' imminent".
R The reasonableness of the necessit% depends
upon the circumstances particularl% the time and
location where the a''ression too/ place.
R The means emplo%ed b% the person ma/in' a
defense must be rationall% necessar% to prevent or
repel an unlawful a''ression.
R The reasonableness of the means used will depend
upon the NAT3R< and Q3A&6TK of the weapon used
b% the a''ressor, his P,K$6CA& C2N)6T62N, $6S< and
other circumstances, and those of the person
defendin' himself, and also the place and occasion of
the assault.
GGG T,< C6R$T TA2 R<Q36$6T<$ AR< C2**2N T2
T,R<< O6N)$ 2C &<16T6*AT< )<C<N$<. 1" $<&C?
)<C<N$<, #" )<C<N$< 2C A R<&AT6J< AN) 3"
)<C<N$< 2C A $TRAN1<R.
c! Lac% of sufficient provocation on the part of
the person efening himself
R The third re9uisite of self?defense is present.
1. Ahen no provocation at all was 'iven to the
a''ressor b% the person defendin' himselfF or
#. Ahen, even if a provocation was 'iver, it
was not sufficientF or
3. Ahen, even if the provocation was
sufficient, it was not 'iven b% the person defendin'
himselfF or
/ viv Pa'e #1
#==>?#==!
>. Ahen, even if a provocation was 'iven b%
the person defendin' himself, it was not pro-imate and
immediate to the act of a''ression.
BATTERED WOMAN DEFENSE (RA 9.0.)
P&o*%& +. 6&nos,' 119 SCRA (@7 (.221)
Facts: (en was found dead in a rented
apartment he shared with his pre'nant wife *arivic and
their two children. *arivic admitted in court havin'
/illed her husband. $he confessed hittin' (enBs nape
with a metal pipe and of shootin' him at the bac/ of his
head when the latter went to bed after attac/in' her.
The trial court found *arivic 'uilt% of parricide. $he now
invo/es, self defense andDor defense of her unborn child.
6n claimin' self defense, *arivic raised the theor% of the
5battered woman s%ndrome ((A$".7
Held: (attered woman has been defined as a
woman Lwho is repeatedl% sub+ected to an% forceful
ph%sical or ps%cholo'ical behavior b% a man in order to
coerce her to do somethin' he wants her to do without
concern for her ri'hts. (attered women include wives or
women in an% form of intimate relationship with men.
Curthermore, in order to be classified as a battered
woman, the couple must 'o throu'h the batterin' c%cle
at least twice. An% woman ma% find herself in an abusive
relationship with a man once. 6f it occurs a second time,
and she remains in the situation, she is defined as a
battered woman.L
6n an% event, the e-istence of (A$ in a
relationship does not in itself establish the le'al ri'ht of
the woman to /ill her abusive partner. <vidence must
still be considered in the conte-t of self?defense. Crucial
to the (A$ defense is the state of mind of the battered
woman at the time of the offense I she must have
actuall% feared imminent harm from her batterer and
honestl% believed in the need to /ill him in order to save
her life. The one who resorts to self?defense must face a
real threat on oneMs lifeF and the peril sou'ht to be
avoided must be imminent and actual, not merel%
ima'inar%.
3nlawful a''ression is the most essential
element of self?defense. 6t presupposes actual, sudden
and une-pected attac/ I or an imminent dan'er thereof
I on the life or safet% of a person. 6n the present case,
however, accordin' to the testimon% of *arivic herself,
there was a sufficient time interval between the unlawful
a''ression of (en and her fatal attac/ upon him. $he
had alread% been able to withdraw from his violent
behavior and escape to their childrenMs bedroom. )urin'
that time, he apparentl% ceased his attac/ and went to
bed. The realit% or even the imminence of the dan'er he
posed had ended alto'ether. ,e was no lon'er in a
position that presented an actual threat on her life or
safet%.
,ad (en still been awaitin' *arivic when she
came out of their childrenMs bedroom I and based on
past violent incidents, there was a 'reat probabilit% that
he would still have pursued her and inflicted 'raver
harm I then, the imminence of the real threat upon her
life would not have ceased %et. Ahere the brutali4ed
person is alread% sufferin' from (A$, further evidence
of actual ph%sical assault at the time of the /illin' is not
re9uired. 6ncidents of domestic batter% usuall% have a
predictable pattern. To re9uire the battered person to
await an obvious, deadl% attac/ before she can defend
her life Lwould amount to sentencin' her to Mmurder b%
installment.ML $till, impendin' dan'er (based on the
conduct of the victim in previous batterin' episodes"
prior to the defendantMs use of deadl% force must be
shown. Threatenin' behavior or communication can
satisf% the re9uired imminence of dan'er. Considerin'
such circumstances and the e-istence of (A$, self?
defense ma% be appreciated.
The Court reiterated the principle that
a''ression, if not continuous, does not warrant self?
defense. 6n the absence of such a''ression, there can
be no self?defense I complete or incomplete I on the
part of the victim. Thus, *arivicMs /illin' of (en was not
completel% +ustified under the circumstances.
The Court futher however held that the severe
beatin's repeatedl% inflicted on *arivic constituted a
form of cumulative provocation that bro/e down her
ps%cholo'ical resistance and self?control. This
Lps%cholo'ical paral%sisL she suffered diminished her will
power, thereb% entitlin' her to the miti'atin' factor
under para'raphs : and 1= of Article 13 of the RPC 6n
addition, *arivic was also credited with the e-tenuatin'
circumstance of havin' acted upon an impulse so
powerful as to have naturall% produced passion and
obfuscation. The acute batterin' she suffered that fatal
ni'ht in the hands of her batterer?spouse, in spite of the
fact that she was ei'ht months pre'nant with their child,
overwhelmed her and put her in the aforesaid emotional
and mental state, which overcame her reason and
impelled her to vindicate her life and her unborn childMs.
To%&4o +. P&o*%& (.221)
Facts: Toledo saw his nephew, Ric/%, and the
latterMs friends about ! m awa% from his house, havin' a
drin/in' spree. ,e ordered them not to ma/e loud
noises, and the% obli'ed. ,e then went to his house and
went to sleep. After some time, Ric/% and his friends
also went to sleep. The% had not laid down for lon'
when he heard stones bein' hurled at the roof of the
house. Ric/% saw Toledo stonin' their house and as/ed
him wh% he was doin' the same. Toledo did not answer
but met Ric/% at the doorstep of his house and without
warnin' stabbed Ric/% on the abdomen with a bolo
which resulted to his death. 6n the lower courts, Toledo
defended himself b% alle'in' that his bolo accidental% hit
the stomach of the victim and that he was able to prove
all the essential elements of self defense.
Held: The Court ruled that it is an aberration
for Toledo to invo/e the two defenses at the same time
because the said defenses are intrinsicall% antithetical.
There is no such defense as accidental self?defense in
the realm of criminal law.
The court further ruled that Toledo was not
+ustified in stabbin' Ric/%. There was no imminent threat
in his life necessitatin' his assault. Records reveal that
there is no unlawful a'ression, a condition sine 9ua non
for the +ustif%in' circumstance of self defense, on the
part of Ric/%. Ric/% arrived at ToledoBs house unarmed.
Aith no weapon to attac/ Toledo or defend himself, no
si'n of hostilit% ma% be deduced from him.
P&o*%& +. En8&$,n,(.22.)
Facts. Ahile Adelaida and her husband &eo
were on their wa% home, the% were sideswiped b% a
tric%cle driven b% appellant <rwin with <fren both
surnamed <nfectana as passen'er. As a result, her
husband fell in a crouchin' position. Ahen he was about
to 'et up, <usebio also surnamed <nfectana came from
behind to stab him. Then <rwin and <fren too/ turns in
stabbin' &eo. ,e died as a result. 6n court, <usebio
<nfectana admitted that he /illed &eo. ,e, however,
alle'ed that he acted in self?defense
/ viv Pa'e ##
#==>?#==!
Held: 6t is an established principle that once
this +ustif%in' circumstance is raised, the burden of
provin' the elements of the claim shifts to him who
invo/es it. The elements of self?defense are. (1" that the
victim has committed unlawful a''ression amountin' to
actual or imminent threat to the life and limb of the
person claimin' self?defenseF (#" that there be
reasonable necessit% in the means emplo%ed to prevent
or repel the unlawful a''ressionF and (3" that there be
lac/ of sufficient provocation on the part of the person
claimin' self?defense or, at least, that an% provocation
e-ecuted b% the person claimin' self?defense be not the
pro-imate and immediate cause of the victimMs
a''ression. The condition of unlawful a''ression is a
sine 9ua nonF otherwise stated, there can be no self?
defense, complete or incomplete, unless the victim has
committed unlawful a''ression a'ainst the person
defendin' himself.
1iven the fact that the relationship between
the parties had been marred b% ill will and animosities,
and pursuant to the rule on the burden of evidence
imposed b% law on the part% invo/in' self?defense, the
admission of <usebio that he /illed &eo made it
incumbent upon appellant to convincin'l% prove that
there was unlawful a''ression on the part of the victim
which necessitated the use of deadl% force b% <usebio.
3nfortunatel%, <usebio miserabl% failed to prove the
e-istence of unlawful a''ression on the part of the
victim. <usebio is 'uilt% of murder.
C,no +. P&o*%& (.22@)
Facts: Conrado and his deceased brother were
rivals in the Rush 6) Photo business and had booths
alon' the sidewal/ of Ri4al Avenue, $ta. Cru4, *anila.
Condrado borrowed the permit of the deceased and had
it photocopied without the latterBs permission. The
deceased confonted Conrado and tried to stab him with
a fan /nife. The latter loc/ed himself in the dar/ room of
his booth to protect himself but was followed b% the
deceased and the% ended up attac/in' each other.
)urin' the scuffle, the scissors which 2rlando was able
to 'rab fell from his hands. ,e then 'rabbed the /nife
of the deceased who in turn pic/ed the scissors. The%
a'ain attac/ed each other which resulted to the death of
the other.
Held: ConradoBs act of /illiln' his brother was
attended b% a +ustif%in' circumstance of self?defense. 6t
was the deceased who purposel% sou'ht and initiall%
attac/ed 2rlando with a /nife. The act of a person
armed with a bladed weapon pursuin' another
constitutes unlawful a'ression because it si'nifies the
pursuers intent to commit an assault with his weapon.
There was also lac/ of sufficient provocation on the part
of Condrado. ,is act of photocop%in' the permit of his
brother without the latters permission can hardl% be
conidered as provocation to merit so deadl% an assault
with a bladed weapon.
B,%"n"&$o +. CA (.22@)
Facts: Amelia was coddlin' her %oun'est child
in front of her house when she saw accused Re%naldo,
his father 8uanito, brothers Ricardo and Ramon, all
surnamed (alunueco, and one Clores chasin' her
brother?in?law $ervando. Aith the ! individuals in hot
pursuit, $ervando scampered into the safet% of AmeliaMs
house. *eanwhile, $enando, who was then coo/in'
supper, went out of the house unaware of the
commotion 'oin' on outside. 3pon seein' $enando,
Re%naldo turned his attention on him and 'ave chase.
$enando instinctivel% fled towards the fields but he was
met b% Armando who hit him with a stone, causin'
$enando to feel di44%. Re%naldo, Ricardo, and Armando
cornered their 9uarr% near a canal and 'an'ed up on
him. Armando placed a can on top of $enandoMs head
and Ricardo repeatedl% struc/ $enando with an a- on
the head, shoulder, and hand. At one point, Ricardo lost
his hold on the a-, but somebod% tossed him a bolo and
then he continued hac/in' the victim who fell on his
/nees. To shield him from further violence, Amelia put
her arms around her husband but it was not enou'h to
detract Ricardo from his murderous fren4%. Amelia was
also hit on the le'. The RTC and CA convicted Ricardo of
,omicide. ,e now imputes errors to the CA in not ta/in'
into consideration the fact that if indeed he participated,
he had acted in defense of his relatives.
Held: 2f the three (3" re9uisites of defense of
relatives, unlawful a''ression is a condition sine 9ua
non, for without it an% defense is not possible or
+ustified. 6n order to consider that an unlawful
a''ression was actuall% committed, it is necessar% that
an attac/ or material a''ression, an offensive act
positivel% determinin' the intent of the a''ressor to
cause an in+ur% shall have been madeF a mere
threatenin' or intimidatin' attitude is not sufficient to
+ustif% the commission of an act which is punishable per
se, and allow a claim of e-emption from liabilit% on the
'round that it was committed in self?defense or defense
of a relative.
6n the case at bar, petitioner Ricardo utterl%
failed to adduce sufficient proof of the e-istence of a
positivel% stron' act of real a''ression on the part of the
deceased $enando.. 6t was he and his /in who had
inititated the unlawful a'ression and not $enando.
Curther, the natural impulse of an% person who has /illed
someone in defense of his person or relative is to brin'
himself to the authorities and tr% to dispel an% suspicion
of 'uilt that the authorities mi'ht have a'ainst him.
Ricardo failed to do the same. Aith the e-ception of his
self?servin' alle'ations, there is nothin' on record that
would +ustif% his /illin' of $enando.
P&o*%& +. D!J,n (.22.)
Facts $ilvestre and ,ilario were at a store to
bu% some ci'arettes when the% saw the 'roup of )i+an,
Pa'linawan and &i4ardo, passin' b% the store.
Pa'linawan suddenl% confronted ,ilario for purportedl%
'ivin' him a Lbad stare.L $ilvestre apolo'i4ed and
e-plained that it was the natural wa% ,ilario 'a4ed at
people. )i+an, Pa'linawan and &i4ardo then left the place
while $ilvestre and ,ilario proceeded home. Ahile
$ilvestre and ,ilario were wal/in', the 3 accused,
'an'ed up on, and too/ turns in stabbin', ,ilario. At
that point, ,ilario, who was wal/in' sli'htl% ahead of
$ilvestre, cried out and told the latter to flee. $ilvestre
ran awa% until he was able to clin' to a passin'
passen'er +eepne%. ,ilario was found to have sustained
several stab wounds, punctured and incised wounds,
and abrasion in various parts of the bod% which caused
his death. Appealin' his conviction in court, )i+an
invo/ed the +ustif%in' circumstance of 5defense of a
stran'er.7
Held: 6n order to successfull% put up this
defense an accused must show the e-istence of unlawful
a''ression on the part of the victim. The unlawful
a''ression must be a continuin' circumstance or must
have been e-istin' at the time the defense is made.
2nce unlawful a''ression is found to have ceased, the
one ma/in' the defense of a stran'er would li/ewise
cease to have an% +ustification for /illin', or even +ust
woundin', the former a''ressor. Crom the defense
/ viv Pa'e #3
#==>?#==!
account, it would appear that ,ilario was alread%
disarmed and the unlawful a''ression b% ,ilario (if
indeed he was the a''ressor" to have b% then been
abated, when )i+an still delivered the fatal thrusts on
the victim.
The number of wounds sustained b% the victim
would itself li/ewise ne'ate )i+anBs claim of defense of a
stran'er. The autops% conducted on the corpse would
show that the deceased sustained 1> in+uries consistin'
of : stab wounds, 3 punctured wounds, an incised
wound and an abrasion. Certainl%, the nature and
number of wounds inflicted b% an accused on the victim
should be si'nificant indicia in determinin' the
plausibilit% of the defense plea.
M,#Fon!, +. P&o*%& (.220)
Held. As the Court previousl% held, mortall%
woundin' an assailant with a pen/nife is not a
reasonabl% necessar% means to repel fist blows.
P,#. . M DEFENSE OF RELATI)ES
RELATI)ES THAT CAN BE DEFENDED
1. $pouse
#. Ascendants
3. )escendants
>. &e'itimate, natural or adopted
brothers and sisters, or relatives b%
affinit% in the same de'rees.
!. Relatives b% consan'uinit% within the
fourth civil de'ree.
R Relatives b% affinit%, because of marria'e, are parents?
in?law, son or dau'hter?in?law, and brothers or sisters?
in?law.
R )eath of the spouse terminates the relationship b%
affinit%F unless the marria'e has resulted in issue who is
still livin', in which case the relationship of affinit%
continues.
R Consan'uinit% refers to blood relatives. (rothers and
sisters are within the second civil de'reeF uncle and
niece or aunt and nephew are within the third civil
de'reeF and first cousins are within the fourth civil
de'ree.
REBUISITES OF DEFENSE OF RELATI)ESD
6! 3nla#ful aggression -
R 3nlawful a''ression ma% not e-ist as a
matter of fact, it can be made to depend upon the
honest belief of the one ma/in' a defense. <-. The
sons of A honestl% believed that their father was the
victim of an unlawful a''ression when in fact it was
their father who attac/ed (. 6f the% /illed ( under
such circumstance, the% are +ustified.
7! Reasonable necessity of the means employe
to prevent or repel it.
R The 'au'e of reasonable necessit% of the means
emplo%ed to repel the a''ression as a'ainst oneBs
self or in defense of a relative is to be found in the
situation as 6T APP<AR$ T2 T,< P<R$2N
R<P<&&6N1 T,< A11R<$$62N (the defender".
8! *n case the provocation #as given by the
person attac%e& the one ma%ing a efense
ha no part therein.
R There is still le'itimate defense of relative even if
the relative bein' defended has 'iven provocation,
provided that the one defendin' such relative has
no part in the provocation.
R Reason for the rule. Althou'h the provocation
pre+udices the person who 'ave it, its effects do not
reach the defender who too/ no part therein,
because the latter was prompted b% some noble or
'enerous sentiment in protectin' and savin' a
relative.
P,#. @ M DEFENSE OF STRAN6ER
R<Q36$6T<$.
1. 3nlawful a''ressionF
#. Reasonable necessit% of the means
emplo%ed to prevent or repel itF
3. The person defendin' be not induced b%
reven'e, resentment or other evil motive.
0ho are eeme strangers:
An% person not included in the enumeration of
relatives mentioned in para'raph # of this article, is
considered stran'er for the purpose of para'raph 3.
BASISD Ahat one ma% do in his defense, another ma%
do for him. The ordinar% man would not stand idl% b%
and see his companion /illed without attemptin' to save
his life.
P&o*%& +. N,#+,&F (198@)
Facts: Narvae4 was ta/in' his rest inside his
house when he heard that the wall of his house was
bein' chiseled. ,e saw that Cleischer and Rubia,
to'ether with their laborers, were fencin' the land of the
father of the deceased Cleischer. 6f the fencin' would 'o
on, Narvae4 would be prevented from 'ettin' into his
house and the bode'a of his ricemill so he as/ed the
'roup to stop but the% refused. The accused 'ot mad so
he 'ot his shot'un and shot Cleischer. Rubia ran towards
the +eep and /nowin' there is a 'un on the +eep, the
accused fired at Rubia as well. Narvae4 claimed he acted
in defense of his person and ri'hts.
Held: The court too/ into consideration the fact
that the # deceased were accompanied with three
laborers and that the were usin' tools which could be
lethal weapons such as nail and hammer, bolo, etc. and
that the +eep the deceased used contained a 'un leanin'
near the steerin' wheel. There was a''ression on the
part of the victims not on the person of the accused but
on his propert% ri'hts when Cleischer an'ril% ordered the
continuance of the fencin'.
The third element of self?defense is also
present because there was no sufficient provocation on
the part of Narvae4 since he was sleepin' when the
deceased where fencin'.
,owever, the second element was lac/in'.
$hootin' the victims from the window of his house is
disproportionate to the ph%sical a''ression b% the
victims. Thus, there is incomplete self?defense and the
accused is entitled to a penalt% lower b% one or two
de'rees.
Dissent. )efense of propert% is not of such
importance as the ri'ht to life and defense of propert%
can onl% be invo/ed when it is coupled with some form
of attac/ on the person of one entrusted with said
propert%. 6n this case before us, there is no evidence
that an attac/ was attempted. The utterance, 5no,
'addemit, proceed, 'o ahead7 is not unlawful a''ression
/ viv Pa'e #>
#==>?#==!
which entitles him neither to a plea of self?defense nor
to a miti'atin' circumstance of incomplete self?defense.
P&o*%& +. Bo;o%s=C,/,%%&#o (1971)
Facts: (oholst (wife" and Caballero (husband"
are married to each other. (ut since their marria'e was
an unhapp% one, the% separated. 2ne evenin', the wife
went carolin' with her friends and she was seen b% her
husband standin' in a corner of the %ard of (arabad.
$he accused her of prostitutin' and threatened to /ill
her as he held her b% the hair, slapped her face until her
nose bled. ,e, then, cho/ed her and at the same time
continuousl% sa%in' that he will /ill her. The wife then
pulled out the /nife of her husband tuc/ed inside the
belt line and stabbed him. Ahen she was released, she
ran home. The wife is claimin' self?defense.
Held: The wife who bein' stran'led and cho/ed
b% a furious a''ressor had no other recourse but to 'et
hold of an% weapon within her reach to save herself. The
claim that it was not proper for the wife to be standin'
in the middle of the ni'ht outside a %ard 'ivin' the
impression that she is prostitutin' herself, is not
sufficient provocation. All that the accused did was to
provo/e an ima'inar% commission of a wron' in the
mind of her husband which is not a sufficient
provocation under the law of self?defense.
P&o*%& +. A%$on-, (1917)
Facts: The deceased (arion was the ban/er in
the 'ame of blac/ +ac/. Raposo pla%ed the 'ame while
the accused posted himself behind the (arion actin' as a
spotter of the cards of the latter and communicatin' it to
his partner Raposo. Ahen (arion learned about what
Raposo and Alcon'a, an e-chan'e of words ensued. 2ne
mornin', when Alcon'a was in the 'uardhouse, (arion
arrived and swun' his pingahan but the former the
accused was able to avoid the blow. 6n a crawlin'
position, Alcon'a avoided the followin' blows and was
able to draw his revolver and shoot (arion. ,e was able
to crawl out of the 'uardhouse and a hand?to?hand fi'ht
ensued. ,avin' sustained several wounds, (arion ran
awa% but was followed b% the accused and another fi'ht
too/ place. Alcon'a then slashed (arionBs head with a
bolo which caused the latterBs death. The accused
pleaded self?defense.
Held: An accused was no lon'er actin' in self?
defense when he pursued and /illed a fleein' adversar%,
thou'h ori'inall% the unlawful a''ressor, there bein' no
more a''ression to defend a'ainst, the same havin'
ceased from the moment the deceased too/ to his heels.
P&o*%& +. S"3!$,4 (19@.)
Facts: $umicad was haulin' lo's when Cubol
suddenl% struc/ him with his fist. $umicad tried to
escape but Cubol continued to stri/e him with his fists.
$umicad receded until he found himself cornered b% a
pile of lo's which prevented him from further retreat. As
Cubol advanced towards him, $umicad drew out his bolo
and struc/ him. Cubol tried to wrest the bolo from
$umicad and to prevent this, the latter struc/ him a'ain
twice which bro/e his CubolBs cranium resultin' to his
death.
Held: As a 'eneral rule, a man is not +ustified
in /illin' an assailant who is not armed with an%
dan'erous weapon. This rule applies onl% when the
contendin' parties are in the open and the person
assaulted can escape. ,owever, where one has no
means of escapin', the one who is assaulted can use a
weapon in an% wa% reasonabl% necessar% to his
protection a'ainst the a''ressor.
The deceased here is a bull of /nown violent
character and althou'h unarmed, he attempted to ta/e
from the accused a bolo which is the onl% means of
defense possessed b% the latter. 6t would have been an
act of suicide on the part of the accused to allow the
bolo to pass into the hands of his anta'onist.
P&o*%& +. L",-"& (19@()
Facts: The deceased tried to rape the accused
while her husband was awa%. The deceased threatened
the accused with a /nife to compel her to have se- with
him. As the deceased was preparin' to lie down with
her, he placed the /nife on the floor and so the accused
too/ advanta'e of the situation b% 'ettin' the /nife and
stabbin' the deceased with it.
Held: An attempt to rape is a sufficient
a''ression for a le'itimate claim of self?defense. Ae
have the ri'ht to ,2N2R. AomanBs honor is a ri'ht as
precious as her ver% e-istence because chastit% once
defiled cannot be restored.
P&o*%& +. D&%, C#"F (19@()
Facts: Accused was found 'uilt% of homicide
for stabbin' and /illin' Rivera. Prosecution claimed that
)ela Cru4 and Rivera had a relationship and that the
accused was madl% in love with the deceased and was
e-tremel% +ealous of another woman with whom Rivera
also had a relationship. )ela Cru4 claimed, on the other
hand, that on her wa% home one evenin', Rivera
followed her, embraced and /issed her and touched her
private parts. $he didnBt /now that it was Rivera and
that she was unable to resist the stren'th of Rivera so
she 'ot a /nife from her poc/et and stabbed him in
defense of her honor.
Held: $he is +ustified in usin' the poc/et/nife
in repellin' what she believed to be an attac/ upon her
honor. 6t was a dar/ ni'ht and she could not have
identified Rivera. There bein' no other means of self?
defense.
P&o*%& +. 7",#!-"& (1910)
Facts: Amado (deceased" has been courtin'
the accused Avelina in vain. 2n the da% of the crime,
Avelina and Amado were in Church. Amado sat beside
Avelina and placed his hand on her thi'h. Thereafter,
Avelina too/ out her /nife and stabbed Amado in the
nec/, causin' the death of Amado.
Held: Althou'h the defense of oneBs honor
e-empts one from criminal liabilit%, it must be proved
that there is actual dan'er of bein' raped. 6n this case,
1" the church was well?lit, #" there were several people
in the church, includin' the father of the accused and
other town officials. 6n li'ht of these circumstances,
accused could not have possibl% been raped. The means
emplo%ed in defense of her honor was evidentl%
e-cessive.
US +. B"3,-%,n- (1929)
Facts: (uman'lan' was missin' >= bundles of
pala%. &ater, accompanied b% his co?defendants, he
awaited the culprit and cau'ht Ribis so the% confronted
him assaulted him with stic/s and other cuttin' and
stabbin' weapons. As a result, Ribis died. )efendants
declared that durin' the fi'ht the% onl% beat the
deceased with stic/s and Ribis unsheathed his bolo.
(uman'lan' et al were convicted of homicide.
Held: The bolo of the deceased was sheathed
when the bod% was discovered. There was no unlawful
a''ression on the part of Ribis. Thus, there can be no
claim of self?defense.
/ viv Pa'e #!
#==>?#==!
Separate 'pinion: A man who ambushed one
he suspects to be a thief can claim defense of propert%.
Not onl% was there unlawful a''ression a'ainst
(uman'la', there was also a wron'ful invasion of his
habitat and attempt to commit a felon% a'ainst his
propert%. Aith the imminence of dan'er to his life, he
reali4ed that he had to as/ assistance from his friends,
considerin' RibisB criminal record, character and unusual
stren'th.
P,#. 1 M A)OIDANCE OF A 6REATER E)IL
An% person who, in order to avoid an evil or in+ur%,
does an act which causes dama'e to another.
DAMA6E TO ANOTHER @ the term covers
in+ur% to persons and dama'e to propert%.
REBUISITESD
1. "hat the evil sought to be avoie
actually existsI
? The evil must actuall% e-ist and not
merel% e-pected or anticipated or ma% happen
in the future.
7! "hat the in(ury feare be greater than
that one to avoi it.
Note. The instinct of self?preservation
will alwa%s ma/e one feel that his own safet% is
of 'reater importance than that of another.
? The 'reater evil should not be brou'ht
about b% the ne'li'ence or imprudence of the
actor.
? The evil which brou'ht about the 'reater
evil must not result from a violation of law b%
the actor.
8! "hat there be no other practical an less
harmful means of preventing it!
9eneral rule. No liabilit% in +ustif%in'
circumstances because there is no crime.
Exception. There is C6J6& &6A(6&6TK under
this para'raph. 6t is borne b% the persons benefited b%
the act. The% shall be liable in proportion to the benefit
which the% ma% have been received.
P&o*%& +. R!$o;&#3oso (1971)
Facts: The land Ricohermoso cultivated
belon'ed to 1eminiano. Ahen the latter went to the
house of the former, as if b% prearran'ement,
Ricohermoso unsheathed his bolo and approached
1eminiano from the left while $evero (RicoBs father?in?
law" 'ot an a-e and approached from the ri'ht. Rico
stabbed 1eminiano first and while in a helpless position,
the latter was hac/ed on the bac/ b% $evero.
At that same place and time while the /illin' of
1eminiano was ta/in' place, 8uan (son of $evero"
suddenl% embraced *arianito (son of 1eminiano", who
had a 'un slun' on his shoulder, from behind. The%
'rappled and rolled downhill towards the camote patch.
*arianito passed out and when he re'ained
consciousness, his rifle was 'one. ,e wal/ed uphill and
saw his father. 1eminiano died later. 8uan invo/ed the
+ustif%in' circumstance of 'reater necessit% in e-plainin'
his act of preventin' *arianito from shootin' Rico and
$evero.
Held: The act of 8uan was desi'ned to insure
the /illin' of 1eminiano without an% ris/ to his
assailants. 8uan was not avoidin' an% evil but his
malicious intention was to forestall an% interference in
the felonious assault. ,e acted in conspirac% with Rico
and $evero.
T> +. P&o*%& (.221)
Facts. T%Ms mother Chua &ao $o 3n was
confined at the *anila )octorsM ,ospital from 2ctober
1::= until 8une 1::#. (ein' the patientMs dau'hter, T%
si'ned the LAc/nowled'ment of Responsibilit% for
Pa%mentL in the Contract of Admission. T%Ms sister, 8ud%
Chua, was also confined at the same hospital. The total
hospital bills of the two patients amounted to
P1,=;!,!:#.:!. T% e-ecuted a promissor% note wherein
she assumed pa%ment of the obli'ation in installments.
To assure pa%ment of the obli'ation, she drew ;
postdated chec/s a'ainst *etroban/ pa%able to the
hospital which were all dishonored b% the drawee ban/
and returned unpaid to the hospital due to insufficienc%
of funds. Cor her defense, T% claimed that she issued the
chec/s because of 5an uncontrollable fear of a 'reater
in+ur%7 $he averred that she was forced to issue the
chec/s to obtain release for her mother who was bein'
inhumanel% and harshl% treated b% the hospital. $he
alle'ed that her mother has comtemplated suicide if she
would not be dischar'ed from the hospital. T% was found
'uilt% b% the lower courts of ; counts of violation of
(P##.
Held:The court sustained the findin's of the
lower courts. The evil sou'ht to be avoided is merel%
e-pected or anticipated. 6f the evil sou'ht to be avoided
is merel% e-pected or anticipated or ma% happen in the
future, the defense of an uncontrollable fear of a 'reater
in+ur%7 is not applicable. T% could have ta/en advanta'e
of an available option to avoid committin' a crime. (%
her own admission, she had the choice to 'ive +ewelr% or
other forms of securit% instead of postdated chec/s to
secure her obli'ation.
*oreover, for the defense of state of necessit%
to be availin', the 'reater in+ur% feared should not have
been brou'ht about b% the ne'li'ence or imprudence,
more so, the willful inaction of the actor. 6n this case,
the issuance of the bounced chec/s was brou'ht about
b% T%Ms own failure to pa% her motherMs hospital bills.
P,#. ( M FULFILLMENT OF A DUTY OR LAWFUL
EGERCISE OF RI6HT OR OFFICE.
REBUISITESD
1. "hat the accuse acte in the
performance of a uty or in the la#ful exercise of
a right or office
$rt! ;7<! Civil Coe. The owner or lawful
possessor of a thin' has the ri'ht to e-clude an% person
from the en+o%ment and disposal thereof. Cor 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%.
(doctrine of self?help"
6f in protectin' his possession of the
propert% he in+ured (not seriousl%" the one tr%in' to 'et
it from him, he is +ustified.
The actual invasion of propert% ma% consist
of a mere disturbance of possession or of a real
dispossession.
/ viv Pa'e #0
#==>?#==!
7! "hat the in(ury cause or the offense
committe be the necessary conse-uence of the
ue performance of uty or the la#ful exercise of
such right or office!
$hootin' an offender who refused to surrender is
+ustified but shootin' a thief who refused to be arrested
is not +ustified.
P&o*%& +. D&%!3, (19..)
Facts: Napilon escaped from the +ail where he
was servin' sentence. $ome da%s afterwards the
policeman, )elima, who was loo/in' for him found him
in the house of Ale'ria, armed with a pointed piece of
bamboo in the shape of a lance. )elima demanded the
surrender of the weapon but Napilon refused. )elima
fired his revolver to impose his authorit% but the bullet
did not hit him. The criminal ran awa% and )elima went
after him and fired a'ain his revolver this time hittin'
and /illin' him.
Held: The /illin' was done in the performance
of a dut%. The deceased was under the obli'ation to
surrender and had no ri'ht, after evadin' service of his
sentence, to commit assault and disobedience with a
weapon in his hand, which compelled the policeman to
resort to such e-treme means, which, althou'h it proved
to be fatal, was +ustified b% the circumstance.
P&o*%& +. O,n!s (191@)
Althou'h an officer in ma/in' a lawful arrest is
+ustified in usin' such force as is reasonabl% necessar%
to secure and detain the offender, overcome his
resistance, prevent his escape, recapture him if he
escapes, and protect himself from bodil% harm, %et he is
never +ustified in usin' unnecessar% force or in treatin'
him with wanton violence or in resortin' to dan'erous
means when the arrest could be effected otherwise.
Po3o> +. P&o*%& (.221)
Fats: Police ser'eant Pomo%, went near the
door of the +ail where (alboa was detained for robber%
and directed the latter to come out, purportedl% for
tactical interro'ation at the investi'ation room. At that
time, petitioner had a 'un, a .>! caliber pistol, tuc/ed in
a holster which was han'in' b% the side of his belt. The
'un was full% embedded in its holster, with onl% the
handle of the 'un protrudin' from the holster. (alboa
tried to remove Pomo%Bs 'un and the two 'rappled for
possession of the 'un. Thereafter, # 'unshots were
heard. Ahen the source of the shots was verified,
petitioner was seen still holdin' a .>! caliber pistol,
facin' (alboa, who was l%in' in a pool of blood. Pomo%
invo/ed the defense of accident for his defense.
Held: Pomo% is ac9uitted. At the time of the
incident, petitioner was a member I specificall%, one of
the investi'ators I of the Philippine National Police
(PNP" stationed at the 6loilo Provincial *obile Corce
Compan%. Thus, it was in the lawful performance of his
duties as investi'atin' officer that, under the
instructions of his superior, he fetched the victim from
the latterMs cell for a routine interro'ation.
The participation of petitioner, if an%, in the
victimMs death was limited onl% to acts committed in the
course of the lawful performance of his duties as an
enforcer of the law. The removal of the 'un from its
holster, the release of the safet% loc/, and the firin' of
the two successive shots I all of which led to the death
of the victim I were sufficientl% demonstrated to have
been conse9uences of circumstances be%ond the control
of petitioner. At the ver% least, these factual
circumstances create serious doubt on the Pomo%Bs
culpabilit%.
P&o*%& +. U%&* (.222)
Accused?appellant and the other police officers
involved ori'inall% set out to perform a le'al dut%. to
render police assistance, and restore peace and order at
*undo' $ubdivision where the victim was then runnin'
amuc/. There were two (#" sta'es of the incident at
*undo' $ubdivision. )urin' the first sta'e, the victim
threatened the safet% of the police officers b%
menacin'l% advancin' towards them, notwithstandin'
accused?appellantMs previous warnin' shot and verbal
admonition to the victim to la% down his weapon or he
would be shot. As a police officer, it is to be e-pected
that accused?appellant would stand his 'round. 3p to
that point, his decision to respond with a barra'e of
'unfire to halt the victimMs further advance was +ustified
under the circumstances. After all, a police officer is not
re9uired to afford the victim the opportunit% to fi'ht
bac/. Neither is he e-pected @ when hard pressed and in
the heat of such an encounter at close 9uarters @ to
pause for a lon' moment and reflect cooll% at his peril,
or to wait after each blow to determine the effects
thereof.
,owever, he cannot be e-onerated from
overdoin' his dut% durin' the second sta'e of the
incident I when he fatall% shot the victim in the head,
even after the latter slumped to the 'round due to
multiple 'unshot wounds sustained while char'in' at the
police officers. $ound discretion and restraint dictated
that accused?appellant, a veteran policeman, should
have ceased firin' at the victim the moment he saw the
latter fall to the 'round. The victim at that point no
lon'er posed a threat and was alread% incapable of
mountin' an a''ression a'ainst the police officers.
$hootin' him in the head was obviousl% unnecessar%.
The law does not clothe police officers with
authorit% to arbitraril% +ud'e the necessit% to /ill? it must
be stressed that their +ud'ment and discretion as police
officers in the performance of their duties must be
e-cercised neither capriciousl% nor oppressivel%, but
within reasonable limits.
M,3,-"n +. P&o*%& (.227)
Facts: A policeman in pursuit of a snatcher
accidentall% shot one of the b%standers who was actuall%
helpin' him chase the robber.
Held: To be sure, acts in the fulfillment of a
dut%, without more, do not completel% +ustif% the
petitionerBs firin' the fatal 'unshot at the victim. True,
petitioner, as one of the policemen respondin' to a
reported robber% then in pro'ress, was performin' his
dut% as a police officer as well as when he was tr%in' to
effect the arrest of the suspected robber and in the
process, fatall% shoot said suspect, albeit the wron'
man. ,owever, in the absence of the e9uall% necessar%
+ustif%in' circumstance that the in+ur% or offense
committed be the necessar% conse9uence of the due
performance of such dut%, there can onl% be incomplete
+ustification, a privile'ed miti'atin' circumstance under
Articles 13 and 0: of the Revised Penal Code.
There can be no 9uibblin' that there was no
rational necessit% for the /illin' of Contreras. Petitioner
could have first fired a warnin' shot before pullin' the
tri''er a'ainst Contreras who was one of the residents
chasin' the suspected robber.
/ viv Pa'e #;
#==>?#==!
P,#. 0 M OBEDIENCE TO AN ORDER ISSUED FOR
SOME LAWFUL PURPOSE
REBUISITESD
1. ,hat an order has been issued by a
superior.
#. ,hat such order must be for some lawful
purpose.
3. ,hat the means used by the subordinate to
carry out said order is lawful.
Ahen the order is not for a lawful purpose,
the subordinate who obe%ed it is criminall% liable.
The subordinate is not liable for carr%in' out
an ille'al order of his superior, if he is not aware of the
ille'alit% of the order and he is not ne'li'ent.
P&o*%& +. B&#on!%%, (19(()
Facts: (or+al was the elected ma%or of &a Pa4,
Abra at the outbrea/ of war and continued to serve as
*a%or durin' 8apanese occupation. (eronilla was
appointed later as *ilitar% *a%or. &ater, while the
operations for the liberation of Abra was in pro'ress,
(eronilla, pursuant to his instructions, placed (or+al in
his custod% and as/ed the residents to file char'es of
espiona'e, aidin' the enem%, and abuse of authorit%
a'ainst him. After trial, (or+alBs e-ecution too/ place.
&ater, (eronilla, to'ether with a priest, e-ecutioner,
'raver di''er, etc. were indicted for murder. The
prosecution claimed that Col. Jol/mann transmitted a
radio'ram messa'e statin' that the +ur% s%stem
or'ani4ed b% the municipalit% is ille'al and cannot order
e-ecution of (or+al.
Held: There is no proof that (eronilla was able
to receive the radio'ram messa'e. The records are
ample to sustain the claim of the accused that the
arrest, prosecution and trial were done pursuant to
e-press orders of the 1!
th
6nfantr% ,Q. Ahere the
accused acted upon orders of superior officers that the,
as militar% subordinates, could not 9uestion, and obe%ed
in 'ood faith, without bein' aware of their ille'alit%,
without an% fault or ne'li'ence on their part, the act is
not accompanied b% criminal intent. A crime is not
committed if the mind of the person performin' the ac
be innocent.
T,/"&n, +. S,n4!-,n/,>,n (1997)
Facts: Pres. *arcos instructed Tabuena over
the phone to pa% directl% to the 2ffice of the President in
cash what *6AA owes the Phil. National Construction
Corporation (PNCC" which later was reiterated in writin'.
The *arcosB memo indicated the amount of P!!m for
partial pa%ment of the obli'ation to PNCC as mentioned
in 2n'pinBs memo. 6n obedience to *arcosB instruction,
the accused withdrew the amount b% means of 3
separate issuances of mana'erBs chec/ and encashment
in 3 separate dates as well. The mone% withdrawn were
placed in peerless bo-es and duffle ba's and delivered
to the private secretar% of *arcos also in 3 separate
da%s. Accordin' to the accused, the disbursement was
not in the normal procedure since it is paid in cold case,
there were no vouchers supportin' it and no receipt
from PNCC.
Tabuena and Peralta were convicted b% the
$andi'anba%an of malversation as defined in Art. #1;,
RPC for misappropriatin' funds of *anila 6nternational
Airport Authorit% (*6AA" worth P!!*.
Held: The accused are ac9uitted. The accused
is entitled to the +ustif%in' circumstance of obedience to
an order issued b% a superior for some lawful purpose.
$andi'anba%an claimed that *arcosB memo was unlawful
because it orders disbursement of P!!* when the
2n'pin memo reveals that the liabilit% is onl% 3>.!*.
1rantin' this to be true, it will not affect TabuenaBs 'ood
faith as to ma/e him criminall% liable. Thus, even if the
order is ille'al if it is patentl% le'al and subordinate is
not aware of its ille'alit%, the subordinate is not liable,
for then there would onl% be a mista/e of fact committed
in 'ood faith.
.. EGEMPTIN6 CIRCUMSTANCES
<-emptin' circumstances (non?imputabilit%"
are those 'rounds for e-emption from punishment
because there is wantin' in the a'ent of the crime an%
of the condition which ma/e the act voluntar% or
ne'li'ent.
The e-emption from punishment is based on
the C2*P&<T< A($<NC< of intelli'ence, freedom of
action, or intent, or on the absence of ne'li'ence on the
part of the accused.
A#. 1.. Circumstances which exempt from criminal
liability. I the followin' are e-empt from criminal
liabilit%.
1. An imbecile or an insane person, unless the
latter has acted durin' a lucid interval.
Ahen the imbecile or an insane person has
committed an act which the law defines as a felon%
(delito", the court shall order his confinement in one of
the hospitals or as%lums established for persons thus
afflicted, which he shall not be permitted to leave
without first obtainin' the permission of the same court.
#. A person under nine %ears of a'e.
3. A person over nine %ears of a'e and under
fifteen, unless he has acted with discernment, in which
case, such minor shall be proceeded a'ainst in
accordance with the provisions of Art. = of this Code.
Ahen such minor is ad+ud'ed to be criminall%
irresponsible, the court, in conformabl% with the
provisions of this and the precedin' para'raph, shall
commit him to the care and custod% of his famil% who
shall be char'ed with his surveillance and education
otherwise, he shall be committed to the care of some
institution or person mentioned in said Art. =.
>. An% person who, while performin' a lawful
act with due care, causes an in+ur% b% mere accident
without fault or intention of causin' it.
!. An% person who act under the compulsion of
irresistible force.
0. An% person who acts under the impulse of
an uncontrollable fear of an e9ual or 'reater in+ur%.
;. An% person who fails to perform an act
re9uired b% law, when prevented b% some lawful
insuperable cause.
L 2ne who acts b% virtue of an% of the e-emptin'
circumstances commits a crime, althou'h b% the
complete absence of an% of the conditions which
constitute free will or voluntariness of the act, no
criminal liabilit% arise.
/ viv Pa'e #
#==>?#==!
P,#. 1 M AN IMBECILE OR INSANE PERSON'
UNLESS THE LATTER HAS ACTED DURIN6 A LUCID
INTER)AL
IMBECILE
? one who, while advanced in a'e, has a
mental development comparable to that of children
between # and ; %ears of a'e.
@ one who is deprived completel% of reason or
discernment and freedom of the will at the time of
committin' the crime.
exempt in all cases from criminal liabilit%
INSANE
? there is a complete deprivation of intelli'ence
in committin' the act but capable of havin' lucid
intervals. )urin' a lucid interval, the insane acts with
intelli'ence and thus, not e-empt from criminal liabilit%.
PROCEDURE WHEN AN IMBECILE OR INSANE
COMMITTED A FELONY
? The court shall order his confinement in one
of the hospitals or as%lums established for persons
afflicted, which he shall not be permitted to leave
without first obtainin' the permission of the court. The
court must obtain the opinion of the )irector of ,ealth
before permittin' his release.
R Ahen the person is sane at the time of the commission
of the crime but he becomes insane at the time of the
trial, he is liable criminall%. The trial, however, shall be
suspended until mental capacit% of the accused be
restored to afford him a fair trial.
R <vidence of insanit% must refer to the time precedin'
the act under prosecution or to the ver% moment of its
e-ecution. 6f the evidence points to insanit% subse9uent
to the commission of the crime, the accused cannot be
ac9uitted.
R Ceeblemindedness is not imbecilit% because a feeble?
minded person can distin'uish ri'ht from wron'.
R Cases covered under this article.
a. )ementia praeco-
b. Oleptomania @ if found b% a competent
ps%chiatrist as irresistible
c. <pileps%
d. $omnambulism @ sleep?wal/in'
e. *ali'nant malaria @ which affects the
nervous s%stem
In R& MNN,-;&n (181@)
6"!4&%!n&s
A man who shot someone claimed insanit%.
Held: <ver% man is presumed to be sane. 6t
must be clearl% proved that at the time of committin'
the act, A was under a defect of reason that he did not
/now the nature of act or if he did /now what he was
doin', he did not /now he was wron'.
The 9uestion to be as/ed is whether the
accused at the time of doing the act &new the
differences between right and wrong. The emphasis is
on reason or co'nition.
P&o*%& +. T"/o-o$, (1998)
Facts: 8ac9ueline, to'ether with her sisters,
lived with their father after their mother died. 2ne ni'ht,
she was roused b% her father who as/ed her to scratch
his bac/ but later she was forced to have intercourse
with him. ,er sister 8in/% also e-perienced the same
with his father # %ears after. Ahen their 'randmother
found out about the incident, the% filed char'es a'ainst
the accused. The accused claim that he cannot
remember an%thin' because he often drin/s li9uor at
home.
Held: The law presumes ever% man to be sane.
The accused failed to overthrow the presumption of
sanit%. Cailure to remember is in itself no proof of the
mental condition of the accused when the crime was
performed. ,is charade of amnesia is a desperate
'ambit for e-culpation.
P&o*%& +. M,4,#,n- (.222)
Facts: Cernando and his wife 9uarreled. 6n the
heat of the fi'ht, the accused stabbed his wife causin'
her death. The accused declared that he had no
recollection of the stabbin' incident. Curther, he alle'es
that he did not /now where he was that da%. Court
ordered the accusedBs confinement in a mental
institution where it was found that he was inflicted with
schi4ophrenia. ,e was submitted to treatment for #
%ears, after which, he faced the char'es a'ainst him.
Held: The accused failed to prove that he was
completel% deprived of intelli'ence in committin' the
act. ,e did not show an% si'ns of insanit% prior to and
immediatel% after the act. ,e was onl% dia'nosed of
schi4ophrenia months after the incident. Also, schi4os
have lucid intervals.
P&o*%& +. Bono,n (19@7)
A person sufferin' from dementia praeco-
pleaded insanit% as a defense for committin' murder. 6n
dementia praeco-, the crime is usuall% preceded b%
much complainin' and plannin'. in these people,
homicide attac/s are common because of delusions that
the% are bein' interfered with se-uall% or that their
propert% is bein' ta/en. )urin' period of e-citement,
such person has no control whatever of his acts. An
irresistible homicide impulse was considered embraced
in the terms of 5insanit%7.

P&o*%& +. T,n&o (19@@)
Facts: A fiesta was bein' celebrated in the
barrio and visitors were bein' entertained at the house
of Taneo and his wife. That afternoon, Taneo went to
sleep and while sleepin', he suddenl% 'ot up, left the
room with a bolo in his hand. ,e wounded his wife who
was pre'nant at that time in the abdomen when she
tried to stop him. ,e attac/ed two of his visitors and his
father, after which, he wounded himself. ! da%s later, his
wife died because of the wound. ,e was char'ed of
parricide.
Held: The accused acted while in a dream and
his acts, with which he is char'ed, were not voluntar% in
the sense of entailin' criminal liabilit%.
P&o*%& +. Fo#3!-on&s (19(2)
Held: 2ne da%, the accused stabbed his wife
from the bac/ who was sittin' at the top of the stairs in
their house. Accused admitted the /illin' and that he
was +ealous and had suspicions that his wife and his
brother were havin' a relationship. Counsel for accused
interposed the defense of insanit% statin' that in prison,
the accused behaved li/e an insane person, would 'o
star/ na/ed in the presence of his inmates, remain
indifferent to his surroundin's and san' chorus with
inmates or b% himself.
/ viv Pa'e #:
#==>?#==!
Held. At most, the accused is found to be
feeble?minded but this does not e-empt him from
liabilit% but ma% serve as a miti'atin' circumstance. The
accused admitted to his motive for the /illin' which is
+ealous% so he must /now what he was doin' at that
time. ,is actions immediatel% after he struc/ his wife
and his behavior in prison ma% onl% be due to remorse
at havin' /illed his wife or his feeblemindedness.
P&o*%& +. M,4,#,n- (.222)
Facts: Cernando and his wife 9uarreled. 6n the
heat of the fi'ht, the accused stabbed his wife causin'
her death. The accused declared that he had no
recollection of the stabbin' incident. Curther, he alle'es
that he did not /now where he was that da%. Court
ordered the accusedBs confinement in a mental
institution where it was found that he was inflicted with
schi4ophrenia. ,e was submitted to treatment for #
%ears, after which, he faced the char'es a'ainst him.
Held: The accused failed to prove that he was
completel% deprived of intelli'ence in committin' the
act. ,e did not show an% si'ns of insanit% prior to and
immediatel% after the act. ,e was onl% dia'nosed of
schi4ophrenia months after the incident. Also, schi4os
have lucid intervals.
P&o*%& +. ),%%&4o# (s"*#,)
Facts: Ro'er was in his house wor/in' on a
letterin' +ob inside his bedroom to'ether with his first
cousin, <lsa and his friends# $implicio and Antonio. All
of a sudden, Jalledor entered the roomF uttered Ro'erMs
nic/name (L8erL" and immediatel% attac/ed him with a
/nife. Jalledor then stabbed <lsa on the chest and said,
LA/o a/abales den, <lsa.L (6 had m% reven'e, <lsa".
Thereafter, Jalledor fled, leavin' $implicio and Antonio
unharmed. Ro'er and <lsa were immediatel% brou'ht to
the hospital. 2n their wa% out, Antonio noticed a
commotion and saw that Ricardo, a nei'hbor of the
victim, who was li/ewise stabbed b% Jalledor was
wounded. <lsa was declared dead on arrival. Ro'er on
the other hand was treated for the !?centimeter wound
sustained b% him on his ri'ht forearm. Jalledor invo/ed
the defense of insanit%.
Held: Jalledor failed to dischar'e the burden of
overcomin' the presumption of sanit% at the time of the
8ud'in' from his acts, Jalledor was clearl%
aware and in control of what he was doin' as he in fact
purposel% chose to stab onl% the two victims. Two other
people were also inside the room, but Jalledor went for
the victims. ,is obvious motive of reven'e a'ainst the
victims was accentuated b% callin' out their names and
utterin' the words, L6 had m% reven'eL after stabbin'
them. Cinall%, his act of immediatel% fleein' from the
scene after the incident indicates that he was aware of
the wron' he has done and the conse9uence thereof.
As consistentl% held b% this Court, LA man ma%
act cra4% but it does not necessaril% and conclusivel%
prove that he is le'all% so. Then, too, the medical
findin's showin' that Jalledor was sufferin' from a
mental disorder after the commission of the crime, has
no bearin' on his liabilit%. Ahat is decisive is his mental
condition at the time of the perpetration of the offense.
Cailin' to dischar'e the burden of provin' that he was
le'all% insane when he stabbed the victims, he should
be held liable for his felonious acts.
P,#. .. M A PERSON UNDER NINE YEARS OF A6E
R C6CT<<N K<AR$ 2R &<$$ @ presumed to be incapable
of committin' a crime, and this presumption is an
absolute one which cannot be overcome b% an%
evidence. (R.A. N2. :33>"
R $enilit%, althou'h said to be the second childhood, is
onl% miti'atin'.
1 PERIODS OF THE LIFE OF A HUMAN BEIN6
a. 1! %ears and below @
/01 'F /2S'3),1 4RR1SP'5S42434,6
b. between 1! and 1 %ears ?
/01 'F C'5D4,4'5/3 R1SP'5S42434,6
c. 1 or over to ;= %ears ?
/01 'F F)33 R1SP'5S42434,6
d. over ;= %ears of a'e @ /01 'F +4,40/,1D
R1SP'5S42434,6.
P,#. @. M A PERSON O)ER 9 YEARS OF A6E AND
UNDER 1( UNLESS HE HAS ACTED WITH
DISCERNMENT' IN WHICH CASE' SUCH MINOR
SHALL BE PROCEEDED A6AINST IN COORDANCE
WITH THE PRO)ISIONS OF ARTICLE 82 OF THIS
CODE.
L A minor over 1! and under 1 %ears of a'e must have
acted without discernment to be e-empted from criminal
liabilit%.
DISCERNMENT @ means the mental capacit% of a minor
between 1! and 1 %ears of a'e to full% appreciate the
conse9uences of his lawful act.
DISCERNMENT INTENT
*oral si'nificance that a
person ascribes to the said
act
)esired act of the person
R )iscernment ma% be shown b% 1" the manner the
crime was committed or #" the conduct of the offender
after its commission.
P&o*%& +. Do<"&n, (19@9)
A 13?%ear old student stabs the school bull%,
and is convicted for havin' shown discernment throu'h
his responsible demeanor and school performance.
)o9uenaBs discernment is 'leaned from his academic
records, leadership 9ualities and demeanor while
testif%in' in court.
The discernment that constitutes an e-ception
to the e-emption from criminal liabilit% of a minor under
fifteen %ears of a'e but over nine, is his mental capacit%
to understand the difference between ri'ht and wron',
and such capacit% ma% be /nown b% ta/in' into
consideration all the facts and circumstances afforded b%
the records in each case, the ver% appearance, the ver%
attitude of said minor not onl% before and durin' the
commission of the act but also after and even durin'
trial.
7os& +. P&o*%& (.22()
Facts: 8ose, 13 %rs old was in a car with his
cousin Sarra'a, when the latter in9uired from the poseur
bu%er $P21 1uevarra if he could afford to bu% shabu.
1uevarra replied in the affirmative afterwhich Sarra'a
called the petitioner to brin' out and hand over the
shabu wrapped in plastic and white soft paper. 8ose
handed over the plastic containin' the shabu to Sarra'a
/ viv Pa'e 3=
#==>?#==!
who handed the same to 1uevarra. The trial court
rendered +ud'ment convictin' both 8ose and Sarra'a.
Held: 8ose is ac9uitted. The prosecution failed
to prove be%ond reasonable doubt that he acted with
discernment relative to the sale of shabu. Aside from
brin'in' out and handin' over the plastic ba' to
Sarra'a, 8ose merel% sat in the car and had no other
participation in the transaction between his cousin and
the poseur bu%er. There is no evidence that 8ose /new
what was inside the plastic and soft white paper before
and at the time he handed the same to Sarra'a.
L%,+& +. P&o*%& (.220)
Facts. A 1# %ear old honor student was
char'ed with rapin' his seven %ear old nei'hbor. Ahen
cau'ht, the accused ran awa% and hid for a few da%s at
his 'randparentBs house. ,e claimed that he acted
without discernment.
Held. Article 1#, para'raph 3 of the Revised
Penal Code provides that a person over nine %ears of
a'e and under fifteen is e-empt from criminal liabilit%,
unless he acted with discernment. The basic reason
behind the e-emptin' circumstance is complete absence
of intelli'ence, freedom of action of the offender which is
an essential element of a felon% either b% dolus or b%
culpa. 6ntelli'ence is the power necessar% to determine
the moralit% of human acts to distin'uish a licit from an
illicit act. 2n the other hand, discernment is the mental
capacit% to understand the difference between ri'ht and
wron'. The prosecution is burdened to prove that the
accused acted with discernment b% evidence of ph%sical
appearance, attitude or deportment not onl% before and
durin' the commission of the act, but also after and
durin' the trial. The surroundin' circumstances must
demonstrate that the minor /new what he was doin'
and that it was wron'. $uch circumstance includes the
'ruesome nature of the crime and the minorBs cunnin'
and shrewdness.
6n the present case, the petitioner, with
methodical fashion, dra''ed the resistin' victim behind
the pile of hollow bloc/s near the vacant house to insure
that passersb% would not be able to discover his
dastardl% acts. Ahen he was discovered b% Teofisto
(ucud who shouted at him, the petitioner hastil% fled
from the scene to escape arrest. 3pon the proddin' of
his father and her mother, he hid in his 'randmotherBs
house to avoid bein' arrested b% policemen and
remained thereat until baran'a% tanods arrived and too/
him into custod%.
A#. 82. Suspension of sentence of minor delin*uents.
I Ahenever a minor of either se-, under si-teen %ears
of a'e at the date of the commission of a 'rave or less
'rave felon%, is accused thereof, the court, after hearin'
the evidence in the proper proceedin's, instead of
pronouncin' +ud'ment of conviction, shall suspend all
further proceedin's and shall commit such minor to the
custod% or care of a public or private, benevolent or
charitable institution, established under the law of the
care, correction or education of orphaned, homeless,
defective, and delin9uent children, or to the custod% or
care of an% other responsible person in an% other place
sub+ect to visitation and supervision b% the )irector of
Public Aelfare or an% of his a'ents or representatives, if
there be an%, or otherwise b% the superintendent of
public schools or his representatives, sub+ect to such
conditions as are prescribed herein below until such
minor shall have reached his ma+orit% a'e or for such
less period as the court ma% deem proper.
The court, in committin' said minor as
provided above, shall ta/e into consideration the reli'ion
of such minor, his parents or ne-t of /in, in order to
avoid his commitment to an% private institution not
under the control and supervision of the reli'ious sect or
denomination to which the% belon'.
The )irector of Public Aelfare or his dul%
authori4ed representatives or a'ents, the
superintendent of public schools or his representatives,
or the person to whose custod% or care the minor has
been committed, shall submit to the court ever% four
months and as often as re9uired in special cases, a
written report on the 'ood or bad conduct of said minor
and the moral and intellectual pro'ress made b% him.
The suspension of the proceedin's a'ainst a
minor ma% be e-tended or shortened b% the court on the
recommendation of the )irector of Public Aelfare or his
authori4ed representative or a'ents, or the
accordin' as to whether the conduct of such minor has
been 'ood or not and whether he has complied with the
conditions imposed upon him, or not. The provisions of
the first para'raph of this article shall not, however, be
affected b% those contained herein.
6f the minor has been committed to the
custod% or care of an% of the institutions mentioned in
the first para'raph of this article, with the approval of
the )irector of Public Aelfare and sub+ect to such
conditions as this official in accordance with law ma%
deem proper to impose, such minor ma% be allowed to
sta% elsewhere under the care of a responsible person.
6f the minor has behaved properl% and has
complied with the conditions imposed upon him durin'
his confinement, in accordance with the provisions of
this article, he shall be returned to the court in order
that the same ma% order his final release.
6n case the minor fails to behave properl% or to
compl% with the re'ulations of the institution to which he
has been committed or with the conditions imposed
upon him when he was committed to the care of a
responsible person, or in case he should be found
incorri'ible or his continued sta% in such institution
should be inadvisable, he shall be returned to the court
in order that the same ma% render the +ud'ment
correspondin' to the crime committed b% him.
The e-penses for the maintenance of a minor
delin9uent confined in the institution to which he has
been committed, shall be borne totall% or partiall% b% his
parents or relatives or those persons liable to support
him, if the% are able to do so, in the discretion of the
courtF Provided, That in case his parents or relatives or
those persons liable to support him have not been
ordered to pa% said e-penses or are found indi'ent and
cannot pa% said e-penses, the municipalit% in which the
offense was committed shall pa% one?third of said
e-pensesF the province to which the municipalit%
belon's shall pa% one?thirdF and the remainin' one?third
shall be borne b% the National 1overnment. Provided,
however, That whenever the $ecretar% of Cinance
certifies that a municipalit% is not able to pa% its share in
the e-penses above mentioned, such share which is not
paid b% said municipalit% shall be borne b% the National
1overnment. Chartered cities shall pa% two?thirds of
said e-pensesF and in case a chartered cit% cannot pa%
said e-penses, the internal revenue allotments which
ma% be due to said cit% shall be withheld and applied in
settlement of said indebtedness in accordance with
section five hundred and ei'ht%?ei'ht of the
Administrative Code.
/ viv Pa'e 31
#==>?#==!
R Ahen the minor is ad+ud'ed criminall% irresponsible @
dut% of court is to commit him to custod% of his famil% or
some institution.
R The alle'ation of 5with intent to /ill7 in the information
is sufficient alle'ation of discernment.
PD 02@
THE CHILD AND YOUTH WELFARE CODE
A#!$%& 189. 5outhful 'ffener Define. ? A %outhful
offender is one who is over nine %ears but under twent%?one
%ears of a'e at the time of the commission of the offense.
A child nine %ears of a'e or under at the time of
the offense shall be e-empt from criminal liabilit% and shall
be committed to the care of his or her father or mother, or
nearest relative or famil% friend in the discretion of the court
and sub+ect to its supervision. The same shall be done for a
child over nine %ears and under fifteen %ears of a'e at the
time of the commission of the offense, unless he acted with
discernment, in which case he shall be proceeded a'ainst in
accordance with Article 1:#.
The provisions of Article = of the Revised Penal
Code shall be deemed modified b% the provisions of this
Chapter.
A#!$%& 192. Physical an )ental
Examination! ? 6t shall be the dut% of the law?enforcement
a'enc% concerned to ta/e the %outhful offender, immediatel%
after his apprehension, to the proper medical or health
officer for a thorou'h ph%sical and mental e-amination.
Ahenever treatment for an% ph%sical or mental defect is
indicated, steps shall be immediatel% underta/en to provide
the same.
The e-amination and treatment papers shall form
part of the record of the case of the %outhful offender.
A#!$%& 191. Care of 5outhful 'ffener +el
for Examination or "rial! ? A %outhful offender held for
ph%sical and mental e-amination or trial or pendin' appeal,
if unable to furnish bail, shall from the time of his arrest be
committed to the care of the )epartment of $ocial Aelfare
or the local rehabilitation center or a detention home in the
province or cit% which shall be responsible for his
appearance in court whenever re9uired. Provided, That in
the absence of an% such center or a'enc% within a
reasonable distance from the venue of the trial, the
provincial, cit% and municipal +ail shall provide 9uarters for
%outhful offenders separate from other detainees. The court
ma%, in its discretion, upon recommendation of the
)epartment of $ocial Aelfare or other a'enc% or a'encies
authori4ed b% the Court, release a %outhful offender on
reco'ni4ance, to the custod% of his parents or other suitable
person who shall be responsible for his appearance
whenever re9uired.
A#!$%& 19.. Suspension of Sentence an
Commitment of 5outhful 'ffener! ? 6f after hearin' the
evidence in the proper proceedin's, the court should find
that the %outhful offender has committed the acts char'ed
a'ainst him the court shall determine the imposable penalt%,
includin' an% civil liabilit% char'eable a'ainst him. ,owever,
instead of pronouncin' +ud'ment of conviction, the court
shall suspend all further proceedin's and shall commit such
minor to the custod% or care of the )epartment of $ocial
Aelfare, or to an% trainin' institution operated b% the
'overnment, or dul% licensed a'encies or an% other
responsible person, until he shall have reached twent%?one
%ears of a'e or, for a shorter period as the court ma% deem
proper, after considerin' the reports and recommendations
of the )epartment of $ocial Aelfare or the a'enc% or
responsible individual under whose care he has been
committed.
The %outhful offender shall be sub+ect to visitation
and supervision b% a representative of the )epartment of
$ocial Aelfare or an% dul% licensed a'enc% or such other
officer as the Court ma% desi'nate sub+ect to such conditions
as it ma% prescribe.
A#!$%& 19@. $ppeal! ? The %outhful offender
whose sentence is suspended can appeal from the order of
the court in the same manner as appeals in criminal cases.
A#!$%& 191. Care an )aintenance of
5outhful 'ffener. ? The e-penses for the care and
maintenance of the %outhful offender whose sentence has
been suspended shall be borne b% his parents or those
persons liable to support him. Provided, That in case his
parents or those persons liable to support him can not pa%
all or part of said e-penses, the municipalit% in which the
offense was committed shall pa% one?third of said e-penses
or part thereofF the province to which the municipalit%
shall be borne b% the National 1overnment. Chartered cities
shall pa% two?thirds of said e-pensesF and in case a
chartered cit% cannot pa% said e-penses, part of the internal
revenue allotments applicable to the unpaid portion shall be
withheld and applied to the settlement of said indebtedness.
All cit% and provincial 'overnments must e-ert
efforts for the immediate establishment of local detention
homes for %outhful offenders.
A#!$%& 19(. Report on Conuct of Chil! ? The
)epartment of $ocial Aelfare or its representative or dul%
licensed a'enc% or individual under whose care the %outhful
offender has been committed shall submit to the court ever%
four months or oftener as ma% be re9uired in special cases,
a written report on the conduct of said %outhful offender as
well as the intellectual, ph%sical, moral, social and emotional
pro'ress made b% him.
A#!$%& 190. Dismissal of the Case! ? 6f it is
shown to the satisfaction of the court that the %outhful
offender whose sentence has been suspended, has behaved
properl% and has shown his capabilit% to be a useful member
of the communit%, even before reachin' the a'e of ma+orit%,
upon recommendation of the )epartment of $ocial Aelfare,
it shall dismiss the case and order his final dischar'e.
A#!$%& 197. Return of the 5outh 'ffener to
Court! ? Ahenever the %outhful offender has been found
incorri'ible or has wilfull% failed to compl% with the
conditions of his rehabilitation pro'rams, or should his
continued sta% in the trainin' institution be inadvisable, he
shall be returned to the committin' court for the
pronouncement of +ud'ment.
Ahen the %outhful offender has reached the a'e
of twent%?one while in commitment, the court shall
determine whether to dismiss the case in accordance with
the ne-t precedin' article or to pronounce the +ud'ment of
conviction.
6n an% case covered b% this article, the %outhful
offender shall be credited in the service of his sentence with
the full time spent in actual commitment and detention
effected under the provisions of this Chapter.
A#!$%& 198. Effect of Release of Chil ,ase
on 9oo Conuct! ? The final release of a child pursuant to
the provisions of this Chapter shall not obliterate his civil
liabilit% for dama'es. $uch release shall be without pre+udice
to the ri'ht for a writ of e-ecution for the recover% of civil
dama'es.
A#!$%& 199. Living =uarters for 5outhful
'ffeners Sentence! ? Ahen a +ud'ment of conviction is
pronounced in accordance with the provisions of Article 1:;,
and at the time of said pronouncement the %outhful offender
/ viv Pa'e 3#
#==>?#==!
is still under twent%?one, he shall be committed to the
proper penal institution to serve the remainin' period of his
sentence. Provided, That penal institutions shall provide
%outhful offenders with separate 9uarters and, as far as
practicable, 'roup them accordin' to appropriate a'e levels
or other criteria as will insure their speed% rehabilitation.
Provided, further, That the (ureau of Prisons shall maintain
a'ricultural and forestr% camps where %outhful offenders
ma% serve their sentence in lieu of confinement in re'ular
penitentiaries.
A#!$%& .22. Recors of Proceeings! ? Ahere
a %outhful offender has been char'ed before an% cit% or
provincial fiscal or before an% municipal +ud'e and the
char'es have been ordered dropped, all the records of the
case shall be destro%ed immediatel% thereafter.
Ahere a %outhful offender has been char'ed and
the court ac9uits him, or dismisses the case or commits him
to an institution and subse9uentl% releases him pursuant to
this Chapter, all the records of his case shall be destro%ed
immediatel% after such ac9uittal, dismissal or release, unless
civil liabilit% has also been imposed in the criminal action, in
which case such records shall be destro%ed after satisfaction
of such civil liabilit%. The %outhful offender concerned shall
not be held under an% provision of law, to be 'uilt% of
per+ur% or of concealment or misrepresentation b% reason of
his failure to ac/nowled'e the case or recite an% fact related
thereto in response to an% in9uir% made of him for an%
purpose.
LRecordsL within the meanin' of this article shall
include those which ma% be in the files of the National
(ureau of 6nvesti'ation and with an% police department, or
an% other 'overnment a'enc% which ma% have been
involved in the case.
A#!$%& .21. Civil Liability of 5outhful
'ffeners! ? The civil liabilit% for acts committed b% a
%outhful offender shall devolve upon the offenderMs father
and, in case of his death or incapacit%, upon the mother, or
in case of her death or incapacit%, upon the 'uardian. Civil
liabilit% ma% also be voluntaril% assumed b% a relative or
famil% friend of the %outhful offender.
A#!$%& .2.. Rehabilitation Centers! ? The
)epartment of $ocial Aelfare shall establish re'ional
rehabilitation centers for %outhful offenders. The local
'overnment and other non?'overnmental entities shall
collaborate and contribute their support for the
establishment and maintenance of these facilities.
A#!$%& .2@. Detention +omes! ? The
)epartment of &ocal 1overnment and Communit%
)evelopment shall establish detention homes in cities and
provinces distinct and separate from +ails pendin' the
disposition of cases of +uvenile offenders.
A#!$%& .21. Liability of Parents or 9uarian
or $ny Person in the Commission of Delin-uent $cts
by "heir Chilren or 0ars! ? A person whether the
parent or 'uardian of the child or not, who /nowin'l% or
wilfull%,
1. Aids, causes, abets or connives with the
commission b% a child of a delin9uenc%, or
#. )oes an% act producin', promotin', or
contributin' to a childMs bein' or becomin' a +uvenile
delin9uent, shall be punished b% a fine not e-ceedin' five
hundred pesos or to imprisonment for a period not
e-ceedin' two %ears, or both such fine and imprisonment, at
the discretion of the court.
EN BANC
[A.M. No. 02-1-19-SC. February 28, 2002.]
RE: PROPOSED R!E ON COMM"#MEN# OF C$"!DREN
R E S O L U T I O N
Acting on the letter of the Chairman of the Committee on
Revision of the Rules of Court submitting for this Court's consideration
and aroval the !roosed Rule on Commitment Of Children" the Court
Resolved to A!!RO#E the same$
The Rule shall ta%e effect on Aril &'" ())( follo*ing its ublication in a
ne*saer of general circulation not later than +arch &'" ())($
,ebruar- (." ())($
RULE ON CO++IT+ENT O, C/IL0REN
SEC#"ON 1. Ob%e&'()e. 1 The ob2ective of this
Rule is to ensure that ever- effort is e3erted to romote the child's *elfare
and enhance his oortunities for a useful and ha- life$ To*ard this end"
this Rule see%s to rotect the child from all forms of neglect" abuse"
cruelt-" e3loitation and other conditions re2udicial to his develoment $
SEC#"ON 2. "*'er+re'a'(o*. 1 The best interests
of the child shall be the aramount consideration in all actions concerning
him" *hether underta%en b- ublic or rivate social *elfare institutions"
courts of la*" administrative authorities and legislative bodies consistent
*ith the United Nations Convention on the Rights of the Child$
SEC#"ON ,. De-(*('(o* o- #er./. 1
4a5 6Child6 is a erson belo* eighteen -ears of age$
4b5 60eartment6 refers to the 0eartment of Social 7elfare and
0eveloment$
4c5 60eendent child6 is one *ho is *ithout a arent" guardian or
custodian" or one *hose arents" guardian or other custodian for good
cause desires to be relieved of his care and custod-" and is deendent
uon the ublic for suort$
4d5 6Abandoned child6 is one *ho has no roer arental care or
guardianshi" or *hose arents or guardian has deserted him for a eriod
of at least si3 485 continuous months$
4e5 6Neglected child6 is one *hose basic needs have been
deliberatel- unattended to or inade9uatel- attended to" h-sicall- or
emotionall-" b- his arents or guardian$
4f5 6!h-sical neglect6 occurs *hen the child is malnourished" ill:
clad and *ithout roer shelter$
4g5 6Emotional neglect6 occurs *hen a child is raed" seduced"
maltreated" e3loited" over*or%ed or made to *or% under conditions not
conducive to good health; made to beg in the streets or ublic laces" or
*hen laced in moral danger" or e3osed to drugs" alcohol" gambling"
rostitution and other vices$
4h5 60isabled child6 includes mentall- retarded" h-sicall-
handicaed" emotionall- disturbed and mentall- ill children" children *ith
cerebral als- and those *ith similar afflictions$
4i5 6+entall- retarded child6 is one *ho is 4&5 sociall-
incometent" that is" sociall- inade9uate" occuationall- incometent and
unable to manage his o*n affairs; 4(5 mentall- subnormal; 4<5 intellectuall-
retarded from birth or earl- age; 4=5 retarded at maturit-; 4'5 mentall-
deficient as a result of constitutional origin through heredit- or diseases or
485 essentiall- incurable$
425 6!h-sicall- handicaed child6 is one *ho is criled" deaf:
mute" blind" or other*ise suffers from a defect *hich restricts his means of
action or communication *ith others$
4%5 6Emotionall- disturbed child6 is one *ho" although not
afflicted *ith insanit- or mental defect" is unable to maintain normal social
relations *ith others and the communit- in general due to emotional
roblems or comle3es"
4l5 6+entall- ill child6 is one *ith an- behavioral disorder"
*hether functional or organic" *hich is of such a degree of severit- as to
re9uire rofessional hel or hositali>ation$
4m5 6Commitment6 or 6surrender of a child6 is the legal act of
entrusting a child to the care of the 0eartment or an- dul- licensed child:
lacement or child:caring agenc- or individual b- the court" arent or
guardian or an- interested art-$
4n5 6Involuntaril- committed child6 is one *hose arents have
been ermanentl- and 2udiciall- derived of arental authorit- due to
abandonment; substantial" continuous" or reeated neglect; abuse; or
incometence to discharge arental resonsibilities in accordance *ith
Section = herein$
/ viv Pa'e 33
#==>?#==!
4o5 6#oluntaril- committed child6 is one *hose arents %no*ingl-
and *illingl- relin9uished arental authorit- to the 0eartment or an- dul-
licensed child:lacement or child:caring agenc- or individual in
accordance *ith Section < herein$
45 6Child:lacing or child:lacement agenc-6 refers to a rivate
non:rofit or charitable institution or government agenc- dul- licensed"
and accredited b- the 0eartment to rovide comrehensive child *elfare
services" including but not limited to" receiving alications for adotion or
foster care" evaluating the rosective adotive or foster arents and
rearing the home stud- reort$
495 6Child:caring agenc-6 refers to a rivate non:rofit or
charitable institution or government agenc- dul- licensed and accredited
b- the 0eartment that rovides t*ent-:four hour residential care services
for abandoned" orhaned" neglected" involuntaril- or voluntaril- committed
children$
4r5 6?uardian ad litem6 is a erson aointed b- the court *here
the case is ending for a child sought to be committed to rotect his best
interests$
4s5 6Case Stud- Reort6 is a *ritten reort of the result of an
investigation conducted b- a social *or%er as to the socio:cultural"
economic and legal status or condition of the child sought to be
committed$ It shall include among others his develomental age"
educational attainment" famil- and social relationshis" the 9ualit- of his
eer grou" his famil-'s strengths and *ea%nesses and arental control
over him$ The reort is submitted to the ,amil- Court to aid it in its$
evaluation of *hether the child ought to be committed to the care of the
0eartment or an- dul- licensed child:lacement or child:caring agenc- or
individual$
SEC#"ON 0. Pe'('(o* -or "*)o1u*'ary Co..('.e*' o- a
C2(13. 1
4a5 7ho ma- file$ 1 The Secretar- of the 0eartment or his
authori>ed reresentative or an- dul- licensed child:lacement or child:
caring agenc- having %no*ledge of a child *ho aears to be deendent"
abandoned or neglected" ma- file a verified etition for involuntar-
commitment of said child to the care of an- dul- licensed child:lacement
or child:caring agenc- or individual$
4b5 #enue$ 1 The etition shall be filed *ith the ,amil- Court of
the rovince or citin *hich the arent or guardian resides or *here the
child is found$
4c5 Contents of #erified !etition$ 1 The etition must state@
4&5 The names of the arents or guardian and their
lace of residence$ If the child's arents are un%no*n" etitioner
must allege that diligent efforts have been e3erted to locate them$ If
said arents are deceased" etitioner shall attach a certified true
co- of their death certificate;
4(5 The facts sho*ing that the child is deendent"
abandoned" or neglected;
4<5 The facts sho*ing *ho has custod- of the child
at the time of the filing of the etition; and
4=5 The name" address and *ritten consent of the
0eartment or dul- licensed child:lacement or child:caring agenc-
or individual to *hose care the commitment of the child is sought to
be entrusted$
4d5 Summons; Court to Set Time for /earing$ 1 If the court is
satisfied that the etition is sufficient in form and substance" it shall direct
the cler% of court to immediatel- issue summons *hich shall be served
together *ith a co- of the etition and a notice of hearing" uon the
arents or guardian of the child and the office of the ublic rosecutor not
less than five 4'5 da-s before the date of the hearing$ The office of the
ublic rosecutor shall be directed to immediatel- transmit the summons
to the rosecutor assigned to the ,amil- Court concerned$
If it aears from the etition that both arents of the child are dead
or that neither arent can be found in the rovince or cit- *here the court
is located and the child has no guardian residing therein" summons ma-
not be issued and the court shall thereuon aoint a guardian ad litem
ursuant to Sub:section 4f5 belo* and roceed *ith the hearing of the
case *ith due notice to the rovincial or cit- rosecutor"
4e5 Social 7or%er$ 1 After the court sets the etition for hearing
in accordance *ith Sub:section 4d5 above" it shall direct the social *or%er
to submit" before the hearing" a case stud- reort of the child to aid it in
evaluating *hether said child should be committed to the care of the
individual$ The reort shall bear the signature of the social *or%er on
ever- age$
4f5 ?uardian Ad Litem of Child$ 1 If neither of the arents nor
the guardian of the child can be located or does not aear in court
desite due notice" or if the court finds them incometent to rotect the
best interests of the child" it shall be the dut- of the court to aoint a
suitable erson as guardian ad litem to reresent the child$ In ma%ing the
aointment" the court shall consider the bac%ground of the guardian ad
litem and his familiarit- *ith the 2udicial rocess" social service rograms
and child develoment$ A member of the !hiliine Aar ma- be aointed
guardian ad litem$
4g5 Child's Right to Counsel$ 1 The court" uon re9uest of the
child caable of forming his o*n vie*s or uon re9uest of his guardian ad
litem" shall aoint a la*-er to reresent him in the roceedings$
4h5 0ut- of !ublic !rosecutor$ 1 The rovincial or cit- rosecutor
shall aear for the State and ascertain if there has been due notice to all
arties concerned and that there is 2ustification for the declaration of
deendenc-" abandonment or neglect$
4i5 /earing$ 1 The court shall direct the erson or agenc- *hich
has custod- of the child to bring the latter to the court on the date of the
hearing of the etition and shall ascertain the facts and determine *hether
the child is deendent" abandoned" or neglected" and if so" the cause and
circumstances of such condition$
425 Budgment$ 1 If" after the hearing" the court shall find the child
to be deendent" abandoned" or neglected" it shall render 2udgment
committing him to the care and custod- of the 0eartment or an- dul-
licensed child:lacement or child:caring agenc- or individual until he
reaches the age of eighteen 4&.5$ The 2udgment shall li%e*ise ma%e
roer rovisions for the custod- of the roert- or mone- belonging to
the committed$ child$
If the child is committed to the 0eartment" it shall notif- the court
*ithin thirt- 4<)5 da-s from the order of commitment" the name and
address of the dul- licensed and accredited child:lacement or child:
caring agenc- or individual *here the child shall be laced$
/o*ever" if the court finds that the abandonment or neglect of the
child ma- be remedied" the child ma- be allo*ed to sta- in his o*n home
under the care and control of his arents or guardian" sub2ect to
suervision and direction of the 0eartment$
4%5 #isitation or Insection$ 1 An- dul- licensed child:lacement
or child:caring agenc- or individual to *hom a child has been committed
b- the court shall be sub2ect to visitation or insection b- a reresentative
of the court or of the 0eartment" as the case ma- be or of both" to
determine *hether the *elfare and interests of the child are being served$
4l5 Reort of !erson or Institution$ 1 An- dul- licensed child:
lacement or child:caring agenc- or individual to *hom a child has been
committed b- 2udicial order ma- at an- time be re9uired b- the court to
submit a reort" containing all necessar- information for determining
*hether the *elfare of the child is being served$
4m5 Temorar- Custod- of Child$ 1 The dul- licensed child:
lacement or child:caring agenc- or individual to *hom a child has been
committed ma- file a verified motion *ith the court *hich granted the
etition for involuntar- commitment of a child to lace him in the care of
an- suitable erson" uon the latter's re9uest" for a eriod not e3ceeding
one month at a time$ The court ma- order the social *or%er to submit a
case stud- reort to aid it in evaluating *hether such temorar- custod-
shall be for the best interests of the child$ The eriod of temorar- custod-
of the child ma- be e3tended b- the court for a eriod not e3ceeding one
month at a time uon motion of the dul- licensed child:lacement or child:
caring agenc- or individual to *hich the child has been committed$
The court" motu rorio" or uon re9uest of the child assisted b- his
guardian ad litem" or at the instance of the agenc- or erson to *hom the
child *as committed" after due notice and hearing" shall discontinue the
temorar- custod- of the child if it aears that he is not being given
roer care$
/ viv Pa'e 3>
#==>?#==!
After one month from the date temorar- custod- of the child *as
given to another suitable erson" the agenc- or individual shall submit to
the court a verified reort on *hether the temorar- custod- of the child
has romoted his best interests$
4n5 Change of Custod-$ 1 If the child is committed to
the 0eartment" it shall have the authorit- to change the custod- of a child
it had laced *ith an- dul- licensed child:lacement or child:caring
agenc- or individual if it aears that such change is for the best interests
of the child$ The 0eartment shall notif- the court of an- change in
custod- of the child$
7hen conflicting interests arise among child:lacement or child:
caring agencies" the court *hich granted the involuntar- commitment of
the child" uon motion of the 0eartment or an- of the agencies
concerned" shall order the change of commitment of the child$
4o5 Removal of Custod-$ 1 A motion to remove custod- of a child
ma- be filed b- an authori>ed reresentative of the 0eartment *ith
%no*ledge of the facts against a child:lacement or child:caring agenc- or
individual to *hose custod- a child has been committed b- the court on
the ground of neglect of such child as defined in Section < 4e5 of this Rule$
The court shall set the motion for hearing *ith notice to the ublic
rosecutor and the court:designated social *or%er$ If the court finds after
hearing that the allegations of the motion have been established and that
it is for the best interests and *elfare of the child" the court shall issue an
order removing him from the custod- of the erson or agenc-" as the case
ma- be" and committing him to the custod- of another dul- licensed child:
lacement or child:caring agenc- or individual$
In the same roceeding" the court ma- susend or revo%e the
license of the agenc- or individual found guilt- of such neglect deending
uon the gravit- or fre9uenc- of the offense$
45 Restoration of !arental Authorit- After Involuntar-
Commitment$ 1
4i5 7ho ma- file; ?round$ 1 The arents or
guardian of a child committed to the care of a erson" agenc- or
institution b- 2udicial order ma- file a verified motion for the
restoration of his rights over the child *ith the court *hich
granted the involuntar- commitment on the ground that he is no*
able to ta%e roer care and custod- of said child" rovided"
ho*ever" that the child has not -et been adoted$ /0ATSI
4ii5 Notice of /earing$ 1 The court shall fi3 the time
and date for the hearing of the motion" *hich shall not be earlier
than thirt- 4<)5 da-s nor later than si3t- 48)5 da-s from the date
of the filing of said motion and cause notice of the hearing to be
sent to the erson" agenc- or institution to *hich the child has
been committed" the ublic rosecutor and the court:designated
social *or%er" at least five 4'5 da-s before the date of hearing$
4iii5 /earing$ 1 At the hearing" an- erson ma- be
allo*ed to intervene at the discretion of the court to contest the
right to the relief demanded$ 7itnesses ma- be called and
e3amined b- the arties or b- the court motu rorio$
4iv5 Resolution$ 1 If it is found that the cause for the
commitment of the child no longer e3ists and that the movant is
alread- able to ta%e roer care and custod- of the child" the
court" after ta%ing into consideration the best interests and the
*elfare of the child" shall issue a resolution terminating the
arental authorit- of the erson" agenc- or institution to *hom
the child *as committed b- 2udicial order and restoring arental
authorit- to the movant$
95 Burisdiction for !rosecution of !unishable Acts$ 1 The ,amil-
Court *hich granted the involuntar- commitment shall have 2urisdiction
over the rosecution of a child *ho left *ithout rior ermission from the
erson or institution to *hich he has been 2udiciall- committed or the
erson under *hose custod- he has been 2udiciall- committed in
accordance *ith Subsection 4m5 of Section = of this Rule$ It shall li%e*ise
have 2urisdiction over the erson *ho induced the child to leave such
erson or institution" e3cet in case of actual or imminent grave h-sical
or moral danger to the child$ The ,amil- Court *hich granted the
involuntar- commitment shall also have 2urisdiction over the rosecution of
arents or guardians of the child *ho ma- be held liable under Articles 'C
and 8) of !$0$ No$ 8)< and Sections C" &) and <& of R$A$ No$ D8&)$
SEC#"ON 4. 5o1u*'ary Co..('.e*' o- a C2(13 'o a*
"*/'('u'(o* or "*3()(3ua1. 1 The arent or guardian of a deendent"
abandoned or neglected child ma- voluntaril- commit him to the
individual sub2ect to the rules of the 0eartment$ /o*ever" no child shall
be committed unless he is surrendered in *riting b- his arents or
guardian stating such voluntar- commitment and secificall- naming the
office" agenc-" or individual to *hose custod- the child is to be committed$
Such *ritten instrument should be notari>ed and signed in the resence of
an authori>ed reresentative of the 0eartment after counseling and other
services have been made available to encourage the child's arents to
%ee the child$
4a5 !etition for removal of Custod-$ 1
4i5 7ho ma- file; ?round$ 1 The arents or
guardian *ho voluntaril- committed the child" or in their absence or
failure" an- erson *ith %no*ledge of the facts" ma- file a verified
etition to remove custod- of the child against the child:lacement
or child:caring agenc- or individual to *hose custod- the child has
been voluntaril- committed on the ground of neglect of such child as
defined in Section < 4e5 of this Rule$ A child ma- also be removed
from the custod- of the child:lacement or child:caring agenc- or
individual on the ground that the voluntar- commitment of the child
*as un2ustified$
4ii5 #enue$ 1 The etition shall be filed *ith the
,amil- Court of the rovince or cit- *here the child:lacement or
child:caring agenc- to *hich the child has been voluntaril-
committed is located or *here the child ma- be found$
4iii5 Contents of #erified !etition 1 The etition must
state@
4&5 The name and address of the child:lacement or
child:caring agenc- or individual to *hose custod- the child
has been voluntaril- committed; SEI0AC
4(5 The facts sho*ing that the child has been
neglected b- the agenc- or in cases *here the voluntar-
commitment *as un2ustified" that the arents of the child are
actuall- caable of ta%ing care and custod- of the child;
4<5 The name" address and *ritten consent of the
dul- licensed child:lacement or child:caring agenc- or
individual to *hose care the child ma- be transferred$
4=5 The facts sho*ing that etitioner has e3hausted
the administrative remedies available to him$
4iv5 Notice of /earing$ 1 If the etition is sufficient in
form and substance" the court shall set the same for hearing *ith
notice to the 0eartment" the ublic rosecutor" the court:
designated social *or%er" the agenc- or individual to *hom the child
has been committed and in aroriate cases" the arents of the
child$
4v5 Budgment$ 1 If after hearing the court finds that
the allegations of the etition have been established and that it is for
the best interests and *elfare of the child" it shall issue an order
removing the child from the custod- of the erson or agenc-
concerned" and committing him to the custod- of another dul-
licensed child:lacement or child:caring agenc- or individual$
The court" in the same roceeding ma-" after hearing the comment
or recommendation of the 0eartment" susend or revo%e the license of
the agenc- or individual found guilt- of such neglect deending uon the
gravit- or fre9uenc- of the offense$
4b5 Restoration of !arental Authorit- After #oluntar- Commitment$
1 The restoration of rights of the arent or guardian over the child *ho
has been voluntaril- committed shall be governed b- the rules of the
0eartment" rovided" ho*ever" that the etition for restoration is filed
*ithin si3 485 months from the date of voluntar- commitment$ In case the
0eartment refuses to grant legal custod- and arental authorit- to the
arent or guardian over the child *ho has been voluntaril- committed to
an agenc- or individual" the arent or guardian ma- file a etition in court
for restoration of arental authorit- in accordance *ith Section = 45 of this
Rule$
/ viv Pa'e 3!
#==>?#==!
4c5 Burisdiction for !rosecution of !unishable Acts$ 1 The ,amil-
Court of the lace *here the child ma- be found or *here the dul-
licensed child:lacement or child:caring agenc- or individual is located
shall have 2urisdiction over the rosecution of a child *ho left *ithout rior
ermission from the erson or institution to *hich he has been voluntaril-
committed$ It shall li%e*ise have 2urisdiction over the erson *ho induced
the child to leave such erson or institution" e3cet in case of grave actual
or imminent h-sical or moral danger" to the child$ The same ,amil- Court
shall also have 2urisdiction over the rosecution of arents or guardians of
the child *ho ma- be held liable under Articles 'C and 8) of !$0$ No$ 8)<
and Sections C" &) and <& of R$A$ No$ D8&)$
SEC#"ON 6. Pe'('(o* -or Co..('.e*' o- a D(/ab1e3 C2(13.
7
4a5 7ho ma- file$ 1 7here a child aears to be mentall-
retarded" h-sicall- handicaed" emotionall- disturbed" mentall- ill" *ith
cerebral als- or *ith similar afflictions and needs institutional care but his
arents or guardians are oosed thereto" the 0eartment" or an- dul-
licensed child:lacement or child:caring agenc- or individual ma- file a
verified etition for commitment of the said child to an- reutable
institution roviding care" training and rehabilitation for disabled children$
The arents or guardian of the child ma- file a similar etition in
case no immediate lacement can be arranged for the disabled child
*hen his *elfare and interests are at sta%e$ AE/TIC
4b5 #enue$ 1 The etition for commitment of a disabled child
shall be filed *ith the ,amil- Court of the lace *here the arent or
guardian resides or *here the child is found$
4c5 Contents of #erified !etition$ 1 The etition for commitment
must state the follo*ing@
4&5 The facts sho*ing that the child aears to be
mentall- retarded" h-sicall- handicaed" emotionall- disturbed"
mentall- ill" *ith cerebral als- or *ith similar afflictions and needs
institutional care; IA0CES
4(5 The name of the arents and their residence" if
%no*n" or if the child has no living arent" the name and residence
of the guardian" if an-; and
4<5 The fact that the arents or guardian or an- dul-
licensed disabled child:lacement or child:caring agenc-" as the
case ma- be" has oosed the commitment of such child;
4=5 The name and *ritten conformit- of the institution
*here the child is to be committed$
4'5 An estimate of the costs and other e3enses of
maintaining the child in the institution$
The verified etition shall be sufficient if based uon the
ersonal %no*ledge of the etitioner$
4d5 Order of /earing; Notice$ 1 If the etition filed is sufficient in
form and substance" the court" b- an order reciting the urose of the
etition" shall fi3 the date of the hearing thereof" and a co- of such order
shall be served on the child alleged to be mentall- retarded" h-sicall-
handicaed" emotionall- disturbed" mentall- ill" *ith cerebral als- or
*ith similar afflictions and on the erson having charge of him or an- of
his relatives residing in the rovince or cit- as the court ma- deem roer$
The order shall also direct the sheriff or another officer of the court
to roduce" if necessar-" the alleged disabled child on the date of the
hearing$
4e5 /earing and Budgment$ 1 If the court finds that the
allegations of the etition have been established and that institutional care
of the child is for his best interests or the ublic *elfare and that his
arents" or guardian or relatives are unable for an- reason *hatsoever to
ta%e roer care of him" the court shall order his commitment to the roer
institution for disabled children$ The court shall li%e*ise ma%e roer
rovisions for the custod- of the roert- or mone- belonging to the
committed child$
The e3ense of maintaining a disabled child in the institution to
*hich he has been committed shall be borne rimaril- b- the arents or
guardian and secondaril-" b- such disabled child" if he has roert- of his
o*n$
In all cases *here the e3enses for the maintenance of the disabled
child cannot be aid in accordance *ith the immediatel- receding
aragrah" the 0eartment shall bear the e3enses" or such art thereof
as ma- remain unaid$
The court shall furnish the institution to *hich the child has been
committed *ith a co- of its 2udgment" together *ith all the reorts and
other data ertinent to the case$
4f5 0ischarge of Budiciall- Committed 0isabled Child$ 1 Uon
motion of the arent" guardian or institution to *hich the child has been
2udiciall- committed under this rule" the court" after hearing" shall order the
discharge of such child if it is established and certified b- the 0eartment
that@
4&5 /e is no longer a danger to himself and the
communit-;
4(5 /e has been sufficientl- rehabilitated" from his
h-sical handica or if of *or%ing age" is alread- fit to engage in
gainful occuation; or
4<5 /e has been sufficientl- relieved of his
s-chological" mental and emotional roblems and is read- to
assume normal social relations$
SEC#"ON 8. E--e&'()('y. 1 This rule shall ta%e effect on Aril
&'" ())( after its ublication in a ne*saer of general circulation not
later than +arch &'" ())($
[A.M. No. 02-1-18-SC. February 28, 2002.]
RE: PROPOSED R!E ON 95EN"!ES "N CONF!"C# :"#$ #$E !A:
R E S O ! # " O N
Acting on the letter of the Chairman of the Committee on
Revision of the Rules of Court submitting for this Court's consideration
and aroval the !roosed Rule on Buveniles In Conflict 7ith The La*"
the Court Resolved to A!!RO#E the same$
The Rule shall ta%e effect on Aril &'" ())( follo*ing its
ublication in a ne*saer of general circulation not later than +arch &'"
())($
,ebruar- (." ())($
SEC#"ON 1. A++1(&ab(1('y o- '2e Ru1e. 1 This
Rule shall al- to all criminal cases involving 2uveniles in conflict *ith the
la*$
A 2uvenile in conflict *ith the la* is a erson *ho at the time of the
commission of the offense is belo* eighteen 4&.5 -ears of age but not less
than nine 4C5 -ears of age$
This Rule shall not al- to an accused *ho at the time of
initial contact as defined in Section =45 of this Rule" or at an- time
thereafter" shall have reached the age of eighteen 4&.5" in *hich case the
regular rules on criminal rocedure shall al- *ithout re2udice to the
rights granted under Sections <8" <D" <. and <C of this Rule$ 4n5
SEC#"ON 2. Ob%e&'()e$ 1 The ob2ective of this
Rule is to ensure that the 2ustice s-stem treats ever- 2uvenile in conflict
*ith the la* in a manner that recogni>es and uholds his human dignit-
and *orth" and instills in him resect for the fundamental rights and
freedoms of others$ The Rule considers his develomental age and the
desirabilit- of his reintegration into and assumtion of a constructive role
in societ- in accordance *ith the rincile of restorative 2ustice$
To attain this ob2ective" the Rule see%s@
a5 To rovide a rocedure in the ad2udication of 2uveniles in
conflict *ith the la* that ta%es into account their distinct circumstances
and assures the arties of a fair hearing *ith their constitutional and
statutor- rights recogni>ed and resected;
b5 To divert from the 2ustice s-stem 2uveniles *ho can be cared
for or laced under communit-:based alternative rograms of treatment"
training and rehabilitation in conformit- *ith the rincile of restorative
2ustice;
c5 To deal *ith the 2uvenile in a famil- environment *henever
ossible" searate him from his arents onl- *hen necessar- for his
*elfare or in the interest of ublic safet-;
d5 To remove from 2uveniles in conflict *ith the la* the stigma of
criminalit- and the conse9uences of criminal behavior; and
e5 To rovide for the care" rotection and *holesome moral"
mental" and h-sical develoment of 2uveniles in conflict *ith the la*$
/ viv Pa'e 30
#==>?#==!
SEC#"ON ,. "*'er+re'a'(o*$ 1 This Rule shall be interreted
liberall- to romote the best interests of the child in conformit- *ith
!hiliine la*s and the United Nations' Convention on the Rights of the
Child$
SEC#"ON 0. De-(*('(o*/. 1 As used in this Rule"
4a5 To be in conflict *ith the la* means being charged *ith the
commission of an act defined and unished as a crime or offense under
the la*" including violations of traffic la*s" rules and regulations" and
ordinances of local government units$
4b5 Serious offense refers to an- offense not covered b- Section
&" ar$ A" Criminal Cases" of the Rule on Summar- !rocedure" to *it@ 4&5
violations of traffic la*s" rules and regulations; 4(5 violations of the rental
la*; 4<5 violations of municial or cit- ordinances; 4=5 all other offenses
unished *ith imrisonment not e3ceeding si3 months" or a fine not
e3ceeding one thousand esos 4!&")))$))5" or both" irresective of other
imosable enalties" accessor- or other*ise" or of the civil liabilit- arising
therefrom; rovided" ho*ever" that in offenses involving damage to
roert- through criminal negligence" the imosable fine is not in e3cess
of ten thousand esos 4!&)")))$))5$
4c5 Eouth detention center refers to a government:o*ned or
oerated agenc- roviding habilitating and rehabilitative facilities *here a
2uvenile in conflict *ith the la* ma- be h-sicall- restricted ending court
disosition of the charge against him$
4d5 Inta%e reort is a reliminar- *ritten reort containing the
ersonal and other circumstances of the 2uvenile in conflict *ith the la*
and reared b- the social *or%er assigned b- the 0eartment of Social
7elfare and 0eveloment 40S705 or local government unit to assist him
as soon as he enters the 2ustice s-stem$
4e5 Case stud- reort is a *ritten reort of the result of an
investigation conducted b- the social *or%er designated b- the ,amil-
Court on the social" cultural" economic and legal status or condition of the
2uvenile in conflict *ith the la*$ It includes" among others" his
develomental age; educational attainment; famil- and social
relationshis; the 9ualit- of his eer grou; the strengths and *ea%nesses
of his famil-; arental control over him; his attitude to*ard the offense; the
harm or damage done to others resulting from the offense; his record of
rior offenses" if an-; and the attitude of his arents to*ards his
resonsibilit- for the offense$
4f5 0iversion refers to an alternative child:aroriate rocess of
determining the resonsibilit- and treatment of a 2uvenile in conflict *ith
the la* on the basis of his social" cultural" economic" s-chological or
educational bac%ground *ithout resorting to formal court ad2udication$
4g5 0iversion rograms refer to rograms that the 2uvenile in
conflict *ith the la* is re9uired to undergo in lieu of formal court
roceedings"
4h5 0isosition conference is a meeting held b- the court *ith the
social *or%er *ho reared the case stud- reort together *ith the
2uvenile in conflict *ith the la* and his arents or guardian ad litem" for
the urose of determining the disosition measures aroriate to the
ersonal and eculiar circumstances of the 2uvenile$
4i5 Recogni>ance is an underta%ing in lieu of a bond assumed b-
a arent or custodian *ho shall be resonsible for the aearance in court
b- the 2uvenile in conflict *ith the la* *hen re9uired$
425 !robation is a disosition alternative under *hich a 2uvenile in
conflict *ith the la* is released and ermitted to remain in his home after
conviction and sentence$ The 2uvenile is sub2ect to conditions imosed in
the sentence and to suervision b- the court and a robation officer *ho
has the dut- to return the 2uvenile to the court in case of violation of a
condition of his robation$
4%5 Susended sentence is the holding in abe-ance of the
service of the sentence imosed b- the court uon a finding of guilt of the
2uvenile in conflict *ith the la* *ho *ill undergo rehabilitation$
4l5 Communit- continuum is a communit-:based grou thera-
rocess that rovides continuous guidance and suort to the 2uvenile in
conflict *ith the la* uon his release from rehabilitation and his
reintegration into societ-$
4m5 Age of criminal resonsibilit- is the age *hen a 2uvenile *ho
is nine 4C5 -ears or over but under fifteen 4&'5 -ears commits an offense
*ith discernment$
4n5 0iscernment means the mental caacit- to understand the
difference bet*een right and *rong and its conse9uences$
4o5 Restorative Bustice is a rincile *hich re9uires a rocess of
resolving conflicts *ith the ma3imum involvement of the victim" the
offender" and the communit-$ It see%s to obtain rearation for the victim"
reconciliation of the offender" the offended and the communit- and
reassurance to the offender that he can be reintegrated into societ-$ It$
also enhances ublic safet- b- activating the offender" the victim and the
communit- in revention strategies$
45 Initial contact is the arehension or ta%ing into custod- of a
2uvenile in conflict *ith the la* b- la* enforcement officers or rivate
citi>ens$ It includes the time *hen the 2uvenile receives a suboena under
Section < 4b5 of Rule &&( of the Revised Rules of Criminal !rocedure or
summons under Section 8 4a5 or Sec$ C 4b5 of the same Rule in cases that
do not re9uire reliminar- investigation or *here there is no necessit- to
lace the 2uvenile under immediate custod-$
495 Cororal unishment is an- %ind of h-sical unishment
inflicted on the bod- as distinguished from ecuniar- unishment or fine$
SEC#"ON 4. E;e.+'(o* -ro. Cr(.(*a1 !(ab(1('y$ 1 A minor
under nine 4C5 -ears of age at the time of the commission of the offense
shall be e3emt from criminal liabilit-$
A minor nine 4C5 -ears and above but under fifteen 4&'5 -ears of age
at the time of the commission of the offense shall be committed to the
care of his father or mother" or nearest relative or famil- friend; in the
sound discretion of the court and sub2ect to its suervision$ /o*ever" if the
rosecution roves that he has acted *ith discernment; he shall be
roceeded against in accordance *ith Sections (= to (." or <8 to =) of
this Rule" as the case ma- be" and sub2ected to a delin9uenc- revention
rogram as determined b- the court$
E3emtion from criminal liabilit- does not include e3emtion from
civil liabilit- *hich shall be enforced in accordance *ith the rovisions of
Article ((& of the ,amil- Code in relation to Article &)& of the Revised
!enal Code and Rule &&& of the Revised Rules of Criminal !rocedure$
In case the act or omission of the 2uvenile involves a 9uasi:delict"
Article (&.) of the Civil Code shall al-$
SEC#"ON 6. Pro&e3ure (* #a<(*= a 9u)e*(1e (*'o Cu/'o3y$
1 An- erson ta%ing into custod- a 2uvenile in conflict *ith the la* shall@
4a5 Identif- himself and resent roer identification to the
2uvenile;
4b5 Inform the 2uvenile of the reason for such custod- and advise
him of his constitutional rights in a language or dialect understood b- him;
4c5 Refrain from using vulgar or rofane *ords and from se3uall-
harassing or abusing" or ma%ing se3ual advances on the 2uvenile;
4d5 Avoid disla-ing or using an- firearm" *eaon" handcuffs or
other instruments of force or restraint" unless absolutel- necessar- and
onl- after all other methods of control have been e3hausted and have
failed;
4e5 Refrain from sub2ecting the 2uvenile to greater restraint than is
necessar- for his arehension;
4f5 Avoid violence or unnecessar- force;
4g5 Notif- the arents of the 2uvenile or his nearest relative or
guardian" if an-" and the local social *elfare officer as soon as the
arehension is made;
4h5 Ta%e the 2uvenile immediatel- to an available government
medical or health officer for a h-sical and mental e3amination$ The
e3amination results shall be %et confidential unless other*ise ordered b-
the ,amil- Court$ 7henever treatment for an- h-sical or mental defect is
necessar-" stes shall be immediatel- ta%en b- the said officer to rovide
the 2uvenile *ith the necessar- and roer treatment; and
4i5 /old the 2uvenile in secure 9uarters searate from that of the
oosite se3 and adult offenders$
SEC#"ON 8. #a<(*= Cu/'o3y o- a 9u)e*(1e :('2ou' a
:arra*'. 1 A eace officer or a rivate erson ta%ing into custod- a
2uvenile in conflict *ith the la* *ithout a *arrant shall li%e*ise follo* the
rovisions of Sections '" . and C of Rule &&< of the Revised Rules of
Criminal !rocedure and shall forth*ith deliver him to the nearest olice
/ viv Pa'e 3;
#==>?#==!
station$ The 2uvenile shall be roceeded against in accordance *ith
Section D of Rule &&($
SEC#"ON 8. Co*3u&' o- "*('(a1 "*)e/'(=a'(o* by
'2e Po1(&e. 1 The olice officer conducting the initial investigation of a
2uvenile in conflict *ith the la* shall do so in the resence of either of the
arents of the 2uvenile; in the absence of both arents" the guardian or the
nearest relative" or a social *elfare officer" and the counsel of his o*n
choice$ In their resence" the 2uvenile shall be informed of his
constitutional rights during custodial investigation$
The right of the 2uvenile to rivac- shall be rotected at all
times$ All measures necessar- to romote this right shall be ta%en"
including the e3clusion of the media$
SEC#"ON 9. F(*=er+r(*'(*= a*3 P2o'o=ra+2(*=
o- '2e 9u)e*(1e. 1 7hile under investigation" no 2uvenile in conflict *ith
the la* shall be fingerrinted or hotograhed in a humiliating and
degrading manner$ The follo*ing guidelines shall be observed *hen
fingerrinting or hotograhing the 2uvenile@
4a5 /is fingerrint and hotograh files shall be %et searate
from those of adults and shall be %et confidential$ The- ma- be insected
b- la* enforcement officers onl- *hen necessar- for the discharge of their
duties and uon rior authorit- of the ,amil- Court; TA0CSE
4b5 /is fingerrints and hotograhs shall be removed from the
files and destro-ed@ 4&5 if the case against him is not filed" or is dismissed;
or 4(5 *hen the 2uvenile reaches t*ent- one 4(&5 -ears of age and there is
no record that he committed an offense after reaching eighteen 4&.5 -ears
of age$
SEC#"ON 10. "*'a<e Re+or' by '2e So&(a1 :e1-are O--(&er$ 1
Uon the ta%ing into custod- of a 2uvenile in conflict *ith the la*" the
social *elfare officer assigned to him b- the 0S70 shall immediatel-
under ta%e a reliminar- bac%ground investigation of the 2uvenile and
submit" rior to arraignment of the 2uvenile" a reort on his findings to the
,amil- Court in *hich the case ma- be filed$
SEC#"ON 11. F(1(*= o- Cr(.(*a1 A&'(o*. 1 A criminal action
ma- be instituted against a 2uvenile in conflict *ith the la* b- filing a
comlaint *ith the rosecutor or the municial trial court in cases *here a
reliminar- investigation is re9uired$ In +anila and other chartered cities" if
their charters so rovide" the comlaint shall be filed *ith the Office of the
!rosecutor$ It ma- also be filed directl- *ith the ,amil- Court if no
reliminar- investigation is re9uired under Section & of Rule &&( of the
Revised Rules of Criminal !rocedure$
All criminal actions commenced b- comlaint or information shall be
rosecuted under the direction and control of the ublic rosecutor
assigned to the ,amil- Court$
SEC#"ON 12. Pro/e&u'(o* o- C()(1 A&'(o*. 1 7hen a criminal
action is instituted against a 2uvenile in conflict *ith the la*" the action for
recover- of civil liabilit- arising from the offense charged shall be
governed b- Rule &&& of the Revised Rules of Criminal !rocedure$
SEC#"ON 1,. Pre1(.(*ary "*)e/'(=a'(o*$ 1 As far as
consistent *ith this Rule" the reliminar- investigation of a 2uvenile in
conflict *ith the la* shall be governed b- Section < of Rule &&( of the
Revised Rules of Criminal !rocedure$ If clarificator- 9uestions become
necessar-" the Rule on E3amination of a Child 7itness shall al-$
If a reliminar- investigation is re9uired before the filing of a
comlaint or information" the same shall be conducted b- the 2udge of the
+unicial Trial Court or the ublic rosecutor in accordance *ith the
ertinent rovisions of Rule &&( of the Revised Rules of Criminal
!rocedure$
If the investigating rosecutor finds robable cause to hold the
2uvenile for trial" he shall reare the corresonding resolution and
information for aroval b- the rovincial or cit- rosecutor" as the case
ma- be$ The 2uvenile" his arentsFnearest relativeFguardian and his
counsel shall be furnished forth*ith a co- of the aroved resolution$
SEC#"ON 10. 5e*ue. 1 Sub2ect to the rovisions of Section
&'" Rule &&) of the Revised Rules of Criminal !rocedure" an- criminal or
civil action involving a 2uvenile in conflict *ith the la* shall be instituted
and tried in the ,amil- Court of or nearest the lace *here the offense
*as committed or *here an- of its essential elements occurred$
SEC#"ON 14. Re&o=*(>a*&e. 1 Aefore final conviction" all
2uveniles charged *ith offenses falling under the Revised Rule on
Summar- !rocedure shall be released on recogni>ance to the custod- of
their arents or other suitable erson *ho shall be resonsible for the
2uveniles' aearance in court *henever re9uired$
SEC#"ON 16. :2e* Ba(1 a Ma''er o- R(=2'. 1 All 2uveniles in
conflict *ith the la* shall be admitted to bail as a matter of right before
final conviction of an offense not unishable b- death" reclusion eretua
or life imrisonment$
In the event the 2uvenile cannot ost bail for lac% of financial
resources" the ,amil- Court shall commit the 2uvenile ursuant to Section
&. of this Rule$
/o*ever" *here the 2uvenile does not ose a threat to ublic safet-"
the ,amil- Court ma-" motu rorio or uon motion and recommendation
of the 0S70" release the 2uvenile on recogni>ance to the custod- of his
arents or other resonsible erson$
SEC#"ON 18. :2e* Ba(1 No' A Ma''er o- R(=2'. 1 No 2uvenile
charged *ith an offense unishable b- death" reclusion eretua or life
imrisonment shall be admitted to bail *hen evidence of guilt is strong$
SEC#"ON 18. Care o- 9u)e*(1e/ (* Co*-1(&' ?('2 '2e !a?$ 1
The 2uvenile charged *ith having committed a delin9uent act" held for trial
or *hile the case is ending aeal" if unable to furnish bail or is denied
bail" shall" from the time of his being ta%en into custod-" be committed b-
the ,amil- Court to the care of the 0S70" a -outh detention center" or a
local rehabilitation center recogni>ed b- the government in the rovince"
cit- or municialit- *ithin the 2urisdiction of the said court$ The center or
agenc- concerned shall be resonsible for the 2uvenile's aearance in
court *henever re9uired$ In the absence of an- such center or agenc-
*ithin a reasonable distance from the venue of the trial" the 2uvenile shall
be detained in the rovincial" cit- or municial 2ail *hich shall rovide
ade9uate 9uarters for the 2uvenile searate from adult detainees and
detainees of the oosite se3$
SEC#"ON 19. Ca/e S'u3y Re+or'. 1 After the institution of the
criminal action" the social *or%er of the ,amil- Court shall immediatel-
underta%e a case stud- of the 2uvenile and his famil-" his environment and
such other matters relevant to the roer disosition of the case$ /is
reort shall be submitted *ithin the eriod fi3ed b- the ,amil- Court"
referabl- before arraignment" to aid it in the roer disosition of the
case$
SEC#"ON 20. D()er/(o* Pro&ee3(*=/ Be-ore Arra(=*.e*'.
1 7here the ma3imum enalt- imosed b- la* for the offense *ith *hich
the 2uvenile in conflict *ith the la* is charged is imrisonment of not more
than si3 485 months" regardless of fine or fine alone regardless of amount"
and the corresonding comlaint or information is filed *ith the ,amil-
Court" the case shall not be set for arraignment; instead" it shall forth*ith
be referred to the 0iversion Committee *hich shall determine *hether the
2uvenile can be diverted and referred to alternative measures or services
offered b- non:court institutions$ !ending determination b- the Committee"
the court shall deliver the 2uvenile on recogni>ance to the custod- of his
arents or legal guardian *ho shall be resonsible for the resence of the
2uvenile during the diversion roceedings$
SEC#"ON 21. D()er/(o* Co..(''ee. 1 In each ,amil- Court"
there shall be a 0iversion Committee to be comosed of its branch cler%
of court as chairerson" and the rosecutor" a la*-er of the !ublic
Attorne-'s Office and the social *or%er assigned to the said ,amil- Court
as members$
/ viv Pa'e 3
#==>?#==!
The chairerson of the Committee shall call for a conference *ith
notice to the 2uvenile" his arentsFlegal guardian and his counsel" and the
rivate comlainant and his counsel" and recommend to the ,amil- Court
*hether the 2uvenile should be diverted to a diversion rogram or undergo
formal court roceedings$ In ma%ing its recommendation" the Committee
shall consider the follo*ing factors@
a5 The record of the 2uvenile on his conflict *ith the la*;
b5 7hether the imosable ma3imum enalt- of the offense is
more than si3 485 months" regardless of fine; or onl- a fine" regardless of
amount;
c5 7hether the 2uvenile is an obvious threat to himself andFor the
communit-;
d5 7hether the 2uvenile is unreentant;
e5 7hether the 2uvenile or his arents are indifferent or hostile;
and
7hether the 2uvenile's relationshis *ith his eers increase the
ossibilit- of delin9uent behavior$
If the Committee recommends diversion" it shall submit the
diversion rogram for the 2uvenile for the consideration and aroval of
the court$
The Committee cannot recommend diversion should the 2uvenile or
the rivate comlainant ob2ect thereto$ If no diversion rogram is
recommended" the court shall include the case in its calendar for formal
roceedings$
Consent to diversion b- the 2uvenile or a-ment b- him of civil
indemnit- shall not in an- *a- be construed as admission of guilt and
used as evidence against him in the event that his case is included in the
court calendar for formal roceedings$
SEC#"ON 22. D()er/(o* Pro=ra./. 1 The diversion rogram
designed b- the Committee shall be distinct to each 2uvenile in conflict
*ith the la* limited for a secific eriod$ It ma- include an- or a
combination of the follo*ing@
a5 7ritten or oral rerimand or citation;
b5 Return of roert-;
c5 !a-ment of the damage caused;
d5 7ritten or oral aolog-;
e5 ?uidance and suervision orders;
f5 Counseling for the 2uvenile and his famil-;
g5 Training" seminars and lectures on 4i5 anger management
s%ills; 4ii5 roblem:solving andFor conflict resolution s%ills; 4iii5 values
formation; and 4iv5 other s%ills that *ill aid the 2uvenile to roerl- deal *ith
situations that can lead to a reetition of the offense;
h5 !articiation in available communit-:based rograms;
i5 Institutional care and custod-; or 25 7or%:detail rogram in
the communit-$
SEC#"ON 2,. $ear(*= o- D()er/(o* Pro=ra.. 1 The ,amil-
Court shall set the recommendation and diversion rogram for hearing
*ithin ten 4&)5 da-s from receit thereof$
SEC#"ON 20. *3er'a<(*=. 1 In all cases *here a 2uvenile in
conflict *ith the la* is given the benefit of a diversion rogram" an
underta%ing describing the rogram shall be signed b- him" his arents or
legal guardian and the comlainant" and aroved b- the ,amil- Court$
The rogram" *hich shall be enforced under the suervision and control of
the ,amil- Court" shall contain the follo*ing terms and conditions@
a5 The 2uvenile shall resent himself to the social *or%er of the
,amil- Court that aroved the diversion rogram at least once a month
for evaluation of its effectiveness$ 7henever the 2uvenile is ermitted to
reside in a lace under the 2urisdiction of another ,amil- Court" control
and suervision over him shall be transferred to the ,amil- Court of that
lace" and in such case" a co- of the underta%ing" the inta%e and case
stud- reorts and other ertinent records shall be furnished the said court$
Thereafter" the ,amil- Court to *hich 2urisdiction over the 2uvenile is
transferred shall have the o*er *ith resect to the latter that *as
reviousl- ossessed b- the ,amil- Court that aroved the diversion and
such other conditions as the Committee ma- deem 2ust and roer under
the circumstances$
b5 The 2uvenile shall faithfull- coml- *ith the terms and
conditions in the underta%ing$ /is non:comliance shall be referred b- the
Committee to the ,amil- Court *here the case has been transferred for a
sho*:cause hearing *ith notice to the 2uvenile and rivate comlainant$
The court shall determine *hether the 2uvenile should continue *ith the
diversion rogram or his case returned to the original court for formal
roceedings$
The ,amil- Court shall e3ert its best efforts to secure satisfaction of
the civil liabilit- of the 2uvenile and his arents or guardian$ /o*ever"
inabilit- to a- the said liabilit- shall not b- itself be a ground to
discontinue the diversion rogram of the 2uvenile$
SEC#"ON 24. C1o/ure Or3er$ 1 The 2uvenile sub2ect of
diversion roceedings shall be visited eriodicall- b- the ,amil- Court
social *or%er *ho shall submit to the Committee his reorts thereon$ At
an- time before or at the end of the diversion eriod" a reort
recommending closure or e3tension of diversion" as the case ma- be"
shall be filed b- the Committee *ith the ,amil- Court$ The reort and
recommendation shall be heard b- the ,amil- Court *ithin fifteen 4&'5
da-s from its receit thereof" *ith notice to the members of the
Committee" the 2uvenile and his arents or legal guardian and counsel
and the comlainant to determine *hether the underta%ing has been full-
and satisfactoril- comlied *ith$ If the 2uvenile has comlied *ith his
underta%ing" the ,amil- Court shall issue the corresonding closure order
terminating the diversion rogram$ It ma-" ho*ever" e3tend the eriod of
diversion to give the 2uvenile a further chance to be rehabilitated$ In the
event the court finds that the diversion rogram *ill no longer serve its$
urose" it shall include the case of the 2uvenile in its calendar for formal
roceedings$
SEC#"ON 26. Du'y o- '2e Fa.(1y Cour' 'o Pro'e&' '2e R(=2'/
o- '2e 9u)e*(1e. 1 In all criminal roceedings in the ,amil- Court" the
2udge shall ensure the rotection of the follo*ing rights of the 2uvenile in
conflict *ith the la*@
a5 To be resumed innocent until the contrar- is roved be-ond
reasonable doubt;
b5 To be informed romtl- and directl- of the nature and cause
of the charge against him" and if aroriate" through his arents or legal
guardian;
c5 To be resent at ever- stage of the roceedings" from
arraignment to romulgation of 2udgment$ The 2uvenile ma-" ho*ever"
*aive his resence at the trial ursuant to the stiulations set forth in his
bail" unless his resence at the trial is secificall- ordered b- the court for
uroses of identification$ The absence of the 2uvenile *ithout 2ustifiable
cause at the trial of *hich he had notice shall be considered a *aiver of
his right to be resent thereat$ 7hen the 2uvenile under custod- escaes"
he shall be deemed to have *aived his right to be resent in all
subse9uent hearings until custod- over him is regained;
d5 To have legal and other aroriate assistance in the
rearation and resentation of his defense;
e5 To testif- as a *itness in his o*n behalf and sub2ect to cross:
e3amination onl- on matters covered b- direct e3amination" rovided that
the Rule on the E3amination of a Child 7itness shall be observed
*henever convenient and racticable$
The 2uvenile shall not be comelled to be a *itness against himself
and his silence shall not in an- manner re2udice him;
f5 To confront and cross:e3amine the *itnesses against him;
g5 To have comulsor- rocess issued to secure the attendance
of *itnesses and roduction of other evidence in his behalf;
h5 To have seed- and imartial trial" *ith legal or other
aroriate assistance and referabl- in the resence of his arents or
legal guardian" unless such resence is considered not to be in the best
interests of the 2uvenile ta%ing into account his age or other eculiar
circumstances;
4i5 To aeal in all cases allo*ed and in the manner rescribed
b- la*;
25 To be accorded all the rights under the Rule on E3amination
of a Child 7itness; and
/ viv Pa'e 3:
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%5 To have his rivac- full- resected in all stages of the
roceedings$
SEC#"ON 28. Arra(=*.e*' a*3 P1ea. 1 The rovisions of
Rules &&8 and &&D of the Revised Rules of Criminal !rocedure shall al-
to the arraignment of the 2uvenile in conflict *ith the la*$ The arraignment
shall be scheduled *ithin seven 4D5 da-s from the date of the filing of the
comlaint or information *ith the ,amil- Court" unless a shorter eriod is
rovided for b- la*$
Arraignment shall be held in chambers and conducted b- the 2udge b-
furnishing the 2uvenile a co- of the comlaint or information" reading the
same in a language or dialect %no*n to and understood b- him" e3laining
the nature and conse9uences of a lea of guilt- or not guilt- and as%ing
him *hat his lea is$
SEC#"ON 28. Pre-'r(a1. 1 The rovisions of Rule
&&. of the Revised Rules of Criminal !rocedure shall govern the re:trial
of the 2uvenile in conflict *ith the la*$ Agreements or admissions made
during the re trial conference shall be in *riting and signed b- the
2uvenile" his arents or guardian and his counsel; other*ise" the- cannot
be used against him$
7henever ossible and racticable" the ,amil- Court shall
e3lore all ossibilities of settlement of the case" e3cet its criminal
asect$ !lea bargaining shall be resorted to onl- as a last measure *hen
it *ill serve the best interests of the 2uvenile and the demands of
restorative 2ustice$
SEC#"ON 29. #r(a1. 1 All hearings shall be
conducted in a manner conducive to the best interests of the 2uvenile and
in an environment that *ill allo* him to articiate full- and freel- in
accordance *ith the Rule on E3amination of a Child 7itness$
SEC#"ON ,0. @u(3(*= Pr(*&(+1e/ (* 9u3=(*= '2e
9u)e*(1e. 1 Sub2ect to the rovisions of the Revised !enal Code" as
amended" and other secial la*s" the 2udgment against a 2uvenile in
conflict *ith the la* shall be guided b- the follo*ing rinciles@
&$ It shall be in roortion to the gravit- of the offense" and shall
consider the circumstances and the best interests of the 2uvenile" the
rights of the victim" the needs of societ- in line *ith the demands of
restorative 2ustice$
($ Restrictions on the ersonal libert- of the 2uvenile shall be
limited to the minimum$ 7here discretion is given b- la* to the 2udge to
determine *hether the enalt- to be imosed is fine or imrisonment" the
imosition of the latter should be referred as the more aroriate
enalt-$
<$ No cororal unishment shall be imosed$
SEC#"ON ,1. Pro.u1=a'(o* o- Se*'e*&e. 1 If after trial the
,amil- Court should find the 2uvenile in conflict *ith the la* guilt-" it shall
imose the roer enalt-" including an- civil liabilit- *hich the 2uvenile
ma- have incurred" and romulgate the sentence in accordance *ith
Section 8" Rule &() of the Revised Rules of Criminal !rocedure$
SEC#"ON ,2. Au'o.a'(& Su/+e*/(o* o- Se*'e*&e a*3
D(/+o/('(o* Or3er/. 1 The sentence shall be susended *ithout need of
alication b- the 2uvenile in conflict *ith the la*$ The court shall set the
case for disosition conference *ithin fifteen 4&'5 da-s from the
romulgation of sentence *hich shall be attended b- the social *or%er of
the ,amil- Court" the 2uvenile" and his arents or guardian ad litem$ It shall
roceed to issue an- or a combination of the follo*ing disosition
measures best suited to the rehabilitation and *elfare of the 2uvenile@
&$ Care" guidance" and suervision orders;
($ Communit- service orders;
<$ 0rug and alcohol treatment;
=$ !articiation in grou counseling and similar activities;
'$ Commitment to the Eouth Rehabilitation Center of the 0S70
or other centers for 2uveniles in conflict *ith the la* authori>ed b- the
Secretar- of the 0S70$
The Social Services and Counseling 0ivision 4SSC05 of the 0S70
shall monitor the comliance b- the 2uvenile in conflict *ith the la* *ith
the disosition measure and shall submit regularl- to the ,amil- Court a
status and rogress reort on the matter$ The ,amil- Court ma- set a
conference for the evaluation of such reort in the resence" if racticable"
of the 2uvenile" his arents or guardian" and other ersons *hose
resence ma- be deemed necessar-$
The benefits of susended sentence shall not al- to a 2uvenile in
conflict *ith the la* *ho has once en2o-ed susension of sentence" or to
one *ho is convicted of an offense unishable b- death" reclusion
eretua or life imrisonment" or *hen at the time of romulgation of
2udgment the 2uvenile is alread- eighteen 4&.5 -ears of age or over$
SEC#"ON ,,. D(/&2ar=e o- 9u)e*(1e Sub%e&' o- D(/+o/('(o*
Mea/ure. 1 Uon the recommendation of the SSC0 and a dul-
authori>ed officer of the 0S70" the head of an aroriate center or the
dul- accredited child:caring agenc- *hich has custod- over the 2uvenile"
the ,amil- Court shall" after due notice to all arties and hearing" dismiss
the case against the 2uvenile *ho has been issued disosition measures"
even before he has reached eighteen 4&.5 -ears of age" and order a final
discharge if it finds that the 2uvenile has behaved roerl- and has sho*n
the caabilit- to be a useful member of the communit-$
If the ,amil- Court" ho*ever" finds that the 2uvenile has not behaved
roerl-" has been incorrigible" has not sho*n the caabilit- of becoming
a useful member of societ-" has *illfull- failed to coml- *ith the
conditions of his disosition or rehabilitation rogram" or should his
continued sta- in the training institution *here he has been assigned be
not in his best interests" he shall be brought before the court for e3ecution
of his 2udgment$
If the 2uvenile in conflict *ith the la* has reached the age of
eighteen 4&.5 -ears *hile in commitment" the ,amil- Court shall determine
*hether to dismiss the case in accordance *ith the first aragrah of this
Section or to e3ecute the 2udgment of conviction$ In the latter case" unless
the 2uvenile has alread- availed of robation under !residential 0ecree
No$ 8)< or other similar la*s" he ma- al- for robation if 9ualified under
the rovisions of the !robation La*$
The final release of the 2uvenile shall not e3tinguish his civil liabilit-$
The arents and other ersons e3ercising arental authorit- over the
2uvenile shall be civill- liable for the in2uries and damages caused b- the
acts or omissions of the 2uvenile living in their coman- and under their
arental authorit- sub2ect to the aroriate defenses rovided b- la*$
SEC#"ON ,0. Proba'(o* a/ a* A1'er*a'()e 'o ".+r(/o*.e*'.
1 After romulgation of sentence and uon alication at an- time b- the
2uvenile in conflict *ith the la* *ithin the eriod to aeal" the ,amil-
Court ma- lace the 2uvenile on robation" if he is 9ualified under the
!robation La*$
SEC#"ON ,4. Cre3(' (* Ser)(&e o- Se*'e*&e. 1 The 2uvenile
in conflict *ith the la* *ho has undergone reventive imrisonment shall
be credited in the service of his sentence consisting of derivation of
libert-" *ith the full time during *hich he has undergone reventive
imrisonment" if he agrees voluntaril- in *riting to abide b- the same or
similar discilinar- rules imosed uon convicted risoners" e3cet in an-
of the follo*ing cases@
&$ 7hen the 2uvenile is a recidivist or has been convicted
reviousl- t*ice or more times of an- crime; or
($ 7hen uon being summoned for e3ecution of sentence" he
failed to surrender voluntaril-$
If the 2uvenile does not agree to abide b- the same discilinar- rules
imosed uon convicted risoners" he shall be credited in the service of
his sentence *ith four:fifths of the time during *hich he has undergone
reventive imrisonment$
7henever the 2uvenile has undergone reventive imrisonment for
a eriod e9ual to or more than the ossible ma3imum imrisonment of the
offense charged to *hich he ma- be sentenced and his case is not -et
terminated" he shall be released immediatel- *ithout re2udice to the
continuation of the trial thereof or the roceeding on aeal" if the same is
under revie*$ In case the ma3imum enalt- to *hich the 2uvenile ma- be
/ viv Pa'e >=
#==>?#==!
sentenced is destierro" he shall be released after thirt- 4<)5 da-s of
reventive imrisonment$
An- form of h-sical restraint imosed on the 2uvenile in conflict
*ith the la*" including communit- service and commitment to a
rehabilitation center" shall be considered reventive imrisonment$
SEC#"ON ,6. Co*-(3e*'(a1('y o- Pro&ee3(*=/ a*3 Re&or3/.
1 All roceedings and records involving 2uveniles in conflict *ith the la*
from initial contact until final disosition of the case b- the ,amil- Court
shall be considered rivileged and confidential$ The ublic ma- be
e3cluded from the roceedings and" ursuant to the rovisions of Section
<& of the Rule on E3amination of a Child 7itness" the records shall not be
disclosed directl- or indirectl- to an-one b- an- of the arties or the
articiants in the roceedings for an- urose *hatsoever" e3cet to
determine if the 2uvenile ma- have his sentence susended under Section
(' of this Rule or if he ma- be granted robation under the !robation La*"
or to enforce the civil liabilit- imosed in the criminal action$
The ,amil- Court shall ta%e other measures to rotect this
confidentialit- of roceedings including non:disclosure of records to the
media" the maintenance of a searate olice blotter for cases involving
2uveniles in conflict *ith the la* and the adotion of a s-stem of coding to
conceal material information" *hich *ill lead to the 2uvenile's identit-$
Records of 2uveniles in conflict *ith the la* shall not be used in
subse9uent roceedings or cases involving the same offender as an adult$
SEC#"ON ,8. No*-1(ab(1('y -or +er%ury or &o*&ea1.e*' or
.(/re+re/e*'a'(o*. 1 An- erson *ho has been in conflict *ith the la*
as a 2uvenile shall not be held guilt- of er2ur- or of concealment or
misreresentation b- reason of his failure to ac%no*ledge the case or
recite an- fact related thereto in resonse to an- in9uir- made to him for
an- urose$
SEC#"ON ,8. Sea1(*= o- Re&or3/. 1 The ,amil- Court motu
rorio" or on alication of a erson *ho has been ad2udged a 2uvenile in
conflict *ith the la*" or if still a minor" on motion of his arents or legal
guardian" shall" uon notice to the rosecution and after hearing" order the
sealing of the records of the case if it finds that t*o 4(5 -ears have
elased since the final discharge of the 2uvenile after susension of
sentence or robation" or from the date of the closure order and he has no
ending case of an offense or a crime involving moral turitude$
Uon entr- of the order" the case shall be treated as if it never
occurred$ All inde3 references shall be deleted and in case of in9uir-" the
,amil- Court" rosecution" la* enforcement officers and all other offices
and agencies that dealt *ith the case shall rel- that no record e3ists *ith
resect to the 2uvenile concerned$ Coies of the order shall be sent to
these officials and agencies named in the order$ Insection of the sealed
records thereafter ma- be ermitted onl- b- order of the ,amil- Court
uon etition$ of the 2uvenile *ho is the sub2ect of the records or of other
roer arties$
This rocedure shall be *ithout re2udice to the rule on destruction
of video or audio taes under Section <& of the Rule on the E3amination
of a Child 7itness$
SEC#"ON ,9. Pro2(b('(o* A=a(*/' !abe1(*=. 1 In the conduct
of roceedings from initial contact *ith the 2uvenile in conflict *ith the la*
to the final disosition of the case" there shall be no branding or labeling
of the latter as a -oung criminal" 2uvenile delin9uent" rostitute" vagrant" or
attaching to him in an- manner an- derogator- name$ Li%e*ise" no
discriminator- remar%s and ractices shall be allo*ed" articularl- *ith
resect to the 2uvenile's social or economic status" h-sical disabilit- or
ethnic origin$
SEC#"ON 00. Co*'e.+' Po?er/. 1 A erson *ho directl- or
indirectl- disobe-s an- order of the ,amil- Court or obstructs or interferes
*ith its roceedings or the enforcement of its orders issued under this
Rule shall be liable for contemt of court$
SEC#"ON 01. E--e&'()('y$ 1 This rule shall ta%e effect on Aril
&'" ())( after its ublication in a ne*saer of general circulation not
later than +arch &'" ())($
P,#. 1. M ANY PERSON WHO' WHILE PERFORMIN6
A LAWFUL ACT WITH DUE CARE' CAUSES AN
IN7URY BY MERE ACCIDENT WITHOUT FAULT OR
INTENTION OF CAUSIN6 IT.
ELEMENTSD
1. A person
performin' a lawful actF
#. Aith due careF
3. ,e causes an
in+ur% to another b% mere accidentF
>. Aithout fault or
intention of causin' it.
R $tri/in' another with a 'un in self?defense, even if it
fired and seriousl% in+ured the assailant is a lawful act.
ACCIDENT @ somethin' that happen outside the swa%
of our will and althou'h it comes about throu'h some
act of our will, lies be%ond the bounds of humanl%
foreseeable conse9uences.
? 6f the conse9uences are plainl% foreseeable,
it will be a case of ne'li'ence.
P&o*%& +. A-%!4,> (.221)
Facts: The wife of the accused was washin'
dishes in the /itchen when her son was shot with a
shot'un b% her husband. Conchita claimed that she and
her husband 9uarreled before the incident and then her
husband left the /itchen 'ot his shot'un and went bac/
to the /itchen to shoot his son.
Accused claimed that it was onl% an accident.
,e was merel% cleanin' his 'un and the 'un accidentall%
went off and his sonBs buttoc/ was hit.
Held. The e-emption from criminal liabilit%
under the circumstance showin' accident is based on
the lac/ of criminal intent. 6n the case at bar, accused
'ot his shot'un and returned to the /itchen to shoot his
son who had intervened in the 9uarrel between the
former and his wife. There was clear intent to fire and
not mere accident.
US +. T,n&4o (1912)
Facts: The accused, while huntin', saw wild
chic/ens and fired a shot. The slu', after hittin' a wild
chic/en, recoiled and struc/ the tenant who was a
relative of the accused. The man who was in+ured died.
Held. 6f life is ta/en b% misfortune or accident
while the actor is in the performance of a lawful act
e-ecuted with due care and without intention of doin'
harm, there is no criminal liabilit%.
P&o*%& +. B!n4o> (19@1)
Facts: The accused, while in a drin/in' session,
offered some tuba to PacasB wife but she refused so the
accused threatened to in+ure her if she didnBt accept.
Pacas stepped into defend his wife, attemptin' to ta/e
awa% from the accused the bolo he carried. 6n the
course of the stru''le, accused succeeded in
disen'a'in' himself from Pacas, wrenchin' the bolo
from the latterBs hand towards the left behind the
accused, with such violence that the point of the bolo
reached <mi'dioBs chest who was then behind the
accused.
/ viv Pa'e >1
#==>?#==!
Held: The accused, in his effort to free himself
hit <mi'dio in the chest. There is no evidence that this
was done deliberatel%. 6t is merel% accidental.
P&o*%& +. A-%!4,> (.221)
Facts: The wife of the accused was washin'
dishes in the /itchen when her son was shot with a
shot'un b% her husband. Conchita claimed that she and
her husband 9uarreled before the incident and then her
husband left the /itchen 'ot his shot'un and went bac/
to the /itchen to shoot his son.
Accused claimed that it was onl% an accident.
,e was merel% cleanin' his 'un and the 'un accidentall%
went off and his sonBs buttoc/ was hit.
Held. The e-emption from criminal liabilit%
under the circumstance showin' accident is based on
the lac/ of criminal intent. 6n the case at bar, accused
'ot his shot'un and returned to the /itchen to shoot his
son who had intervened in the 9uarrel between the
former and his wife. There was clear intent to fire and
not mere accident.
P&o*%& +. Con$&*$!on (.22.)
Facts: 1alan' 'ot involved in a 9uarrel at the
town pla4a. ,e was brou'ht to the baran'a% hall for
9uestionin' b% (r'% Captain Capitli. $hortl% after,
Concepcion arrived and fired his rifle twice or thrice past
the ears of 1alan', who was then sittin', but without
in+urin' him. After that, however, Concepcion thrust the
barrel of the 'un a'ainst the abdomen of 1alan'. Then
there was an e-plosion. 1alan' was shot in the thi'h. At
least 3 more shots were fired, hittin' him in the chest.
&oren4o died instantl%. 6n his defense Concepcion
claimed that the shootin' was onl% accidental.
Held: There was no accident. (% ConcepcionBs
own testimon%, the victim was unarmed. 6n contrast, he
had an armalite and a hand'un. 6t is hi'hl%
inconceivable that an unarmed man could pose bodil%
harm to another who is heavil% armed. ConcepcionBs 'un
dischar'ed several shots that hit vital parts of the
victimMs bod%. As observed b% the trial court, rec/lessl%
appellant had put his fin'er on the tri''er of his coc/ed
and loaded rifle. 6n that state, with the sli'htest
movement of his fin'er, the rifle would fire readil%. And it
did not +ust once but several fires. Concepcion is 'uilt%
of homicide.
P,# (. M ANY PERSON WHO ACTS UNDER THE
COMPULSION OF AN IRRESISTIBLE FORCE.
ELEMENTSD
1. That the compulsion is b% means of
ph%sical force.
#. That the ph%sical force must be
irresistible.
3. That the ph%sical force must come from a
third person
R (efore force can be considered to be an irresistible
one, it must produce such an effect upon the individual
that, in spite of all resistance, it reduces him to a mere
instrument and, as such, incapable of committin' a
crime.
R The irresistible force can never consist in an impulse or
passion or obfuscation. 6t must consist of an e-traneous
force comin' from a third person.
R A person who acts under the compulsion of an
irresistible force, li/e one who acts under the impulse of
uncontrollable fear of e9ual or 'reater in+ur% is e-empt
from criminal liabilit% because he does not act with
freedom.
P&o*%& +. L!s!n- (1998)
Facts: *analili as/ed 1arcia if he could find
someone who could effect the arrest of Robert ,errera,
the suspect of the /illin' of his brother. 1arcia
introduced &isin' and the% came up with an a'reement.
&isin'Bs surveillance 'roup was at the CastanosB
residence in the hope of spottin' ,errera. The 'roup
saw a man and a woman (the victims" leave the
residence and followed them. Ali'htin' from the car, the
two were accosted. The abduction of the # hit the front
pa'es and two 'uards told the police that their friends
who were emplo%ees of &isin' informed them that &isin'
/illed the # victims. &ater, the bodies of the # were
found. &ower court found that since there was an
a'reement amon' *analili, 1arcia and &isin', the% were
all co?conspirators of the crime and therefore liable
principall%. 1arcia claimed that he acted under
compulsion of irresistible force.
Held: To be e-empt from criminal liabilit%, a
person invo/in' irresistible force must show that the
force e-erted was such that it reduced him to a mere
instrument who acted not onl% without will but a'ainst
his will. 1arciaBs participation and presence from the
time the abduction was hatched upto the /illin' of the
victims is undisputed. Conspirac% has been established.
US +. E%!$,n,% (1910)
Facts: The accused was a member of the crew
of a lorcha and 1uiloresa was the chief mate. The latter
mentioned that he was 'oin' to /ill the captain because
he was ver% an'r% with him and as/ed him to assist
him. The accused too/ this statement as a +o/e and he
was smilin' onl% when he made the statement. The
followin' mornin', 1uillermo assaulted the captain and
with the help of the crew (e-cept the accused" sei4ed
the captain and tied him with a rope. 1uillermo then
struc/ the captain at the bac/ of the nec/ with an iron
bar and then, deliverin' the weapon to the accused
ordered him to come forward and assist. The accused
struc/ the captain on the head which caused the latterBs
death.
Held. (efore one uses the defense of actin'
under uncontrollable fear, it must appear that the threat
which caused the fear was an evil 'reater than or at
least e9ual to that which he re9uired to commit and that
it promised an evil of such 'ravit% and imminence that it
mi'ht be said that the ordinar% man would have
succumbed to it. <vidence fails to establish that the
threat directed to the accused b% the chiefmate, if an%,
was of such character as to deprive him of all volition
and to ma/e him a mere instrument without will. The
fear was not insuperable.
US +. C,/,%%&#os (192()
Facts: The defendants have been sentenced as
accessories in the crime of assassination of > American
school teachers. The defendants too/ part in the burial
of the corpses of the victims.
Held: The defendant (aculi is e-empt from
criminal liabilit% because he onl% assisted in the burial
because he was compelled to do so b% the murderers.
As to defendant Caballeros, there is no proof that he
too/ part in an% wa% in the e-ecution of the crime. ,is
/ viv Pa'e >#
#==>?#==!
confession cannot be accepted as proof on a trial
because it was not done voluntaril%.
US +. E:,%,!on (192()
Facts: <-altation and Tanchico were convicted
with rebellion based on documents found in the house of
a certain Contreras, a so?called 'eneral of bandits, which
contained the si'natures of defendants swearin'
alle'iance to the Oatipunan.
)efendants aver that these documents were
si'ned under duress and fear of death. The% alle'e
further that the% were abducted b% thieves and that
these men forced the defendants to si'n the documents
Held. The duress under which the defendants
acted relieved them from criminal liabilit%. Prosecution
was unable to prove the 'uilt of the accused and
testimonies of witnesses for the accused further
corroborated their defense.
P&o*%& +. F#on4, (199@)
Facts: (alaan brothers were ta/en b% ; armed
NPA members accompanied b% accused Cronda and
Padua. The accused are both residents of the same
place. The two were convicted of murder. Cronda
appealed claimin' he was merel% ta/en b% the armed
men as a 5pointer7.
Held: Records show that appellantBs
participation in the commission of the crime consisted
of. 1" leadin' the members of the armed 'roup to the
house where the victims were found, #" t%in' the
victimsB hands and 3" di''in' the 'rave where the
victims were buried. ,e is not a principal b%
indispensable cooperation but onl% an accomplice. The
defense of uncontrollable fear cannot be accepted
because the fact that the accused was seen bein'
handed b% and receivin' a huntin' /nife from one of the
armed men, as well as, his ine-plicable failure to report
the incident to the authorities for more than 3 %ears
ne'ates the e-istence of uncontrollable fear, such acts
bein' indicative of his conscious concurrence with the
acts of the assailants.
T> +. P&o*%& (s"*#,)
Facts: T%Ms mother Chua &ao $o 3n was
confined at the *anila )octorsM ,ospital from 2ctober
1::= until 8une 1::#. (ein' the patientMs dau'hter, T%
si'ned the LAc/nowled'ment of Responsibilit% for
Pa%mentL in the Contract of Admission. T%Ms sister, 8ud%
Chua, was also confined at the same hospital. The total
hospital bills of the two patients amounted to
P1,=;!,!:#.:!. T% e-ecuted a promissor% note wherein
she assumed pa%ment of the obli'ation in installments.
To assure pa%ment of the obli'ation, she drew ;
postdated chec/s a'ainst *etroban/ pa%able to the
hospital which were all dishonored b% the drawee ban/
and returned unpaid to the hospital due to insufficienc%
of funds. Cor her defense, T% claimed that she issued the
chec/s because of 5an uncontrollable fear of a 'reater
in+ur%7 $he averred that she was forced to issue the
chec/s to obtain release for her mother who was bein'
inhumanel% and harshl% treated b% the hospital. $he
alle'ed that her mother has comtemplated suicide if she
would not be dischar'ed from the hospital. T% was found
'uilt% b% the lower courts of ; counts of violation of
(P##.
Held:The court sustained the findin's of the
lower courts. The evil sou'ht to be avoided is merel%
e-pected or anticipated. 6f the evil sou'ht to be avoided
is merel% e-pected or anticipated or ma% happen in the
future, the defense of an uncontrollable fear of a 'reater
in+ur%7 is not applicable. T% could have ta/en advanta'e
of an available option to avoid committin' a crime. (%
her own admission, she had the choice to 'ive +ewelr% or
other forms of securit% instead of postdated chec/s to
secure her obli'ation.
*oreover, for the defense of state of necessit%
to be availin', the 'reater in+ur% feared should not have
been brou'ht about b% the ne'li'ence or imprudence,
more so, the willful inaction of the actor. 6n this case,
the issuance of the bounced chec/s was brou'ht about
b% T%Ms own failure to pa% her motherMs hospital bills.
P,# 0. M ANY PERSON WHO ACTS UNDER THE
IMPULSE OF AN UNCONTROLLABLE FEAR OF AN
EBUAL OR 6REATER IN7URY.
ELEMENTSD
1. That the threat which causes the fear is of
an evil 'reater than or at least e9ual to,
that which he is re9uired to commitF
#. That it promises an evil of such 'ravit%
and imminence that the ordinar% man
would have succumbed to it.
R R<Q36$6T<$. a. e-istence of an uncontrollable fearF b.
the fear must be real and imminentF and c. the fear of
an in+ur% is 'reater than or at least e9ual to that
committed.
R )uress as a valid defense should be based on real,
imminent or reasonable fear for oneBs life or limb and
should not be speculative, fanciful or remote fear.
R A threat of future in+ur% is not enou'h. The compulsion
must be of such a character as to leave no opportunit%
to the accused for escape or self?defense in e9ual
combat.
R $peculative, fanciful and remote fear is not
uncontrollable fear.
R The case of 3$ v. <-altation is also an e-ample were
there is real, imminent or reasonable fear.
IRRESISTIBLE FORCE UNCONTROLLABLE
FEAR
The offender uses violence
or ph%sical force to compel
another person to commit
the crime.
The offender emplo%s
intimidation or threat in
compellin' another to
commit a crime.
7USTIFYIN6 EGEMPTIN6
There is neither a crime
nor a criminal.
There is a crime but no
criminal. The act is not
+ustified but the actor is
not criminall% liable.
No civil liabilit% e-cept in
no. >
There is civil liabilit%
e-cept no. > and ;.
P,#. 7 M ANY PERSON WHO FAILS TO PERFORM AN
ACT REBUIRED BY LAW' WHEN PRE)ENTED BY
SOME LAWFUL OR INSUPERABLE CAUSE.
ELEMENTSD
1. That an act is re9uired b% law to be doneF
#. That a person fails to perform such actF
3. That his failure to perform such act was
due to some lawful or insuperable cause.
/ viv Pa'e >3
#==>?#==!
US +. )!$&n!%%o (1911)
A policeman char'ed cannot be held liable for
ille'al detention when after arrestin' his victims, it too/
him three da%s to reach the nearest +ud'e. The distance
which re9uired a +ourne% for three da%s was considered
to be an insuperable cause.
P&o*%& +. B,n4!,n (19@0)
A woman cannot be held liable for infanticide
when she left her newborn child in the bushes without
bein' aware that she had 'iven birth at all. $evere
di44iness and e-treme debilit% made it ph%sicall%
impossible for (andian to ta/e home the child plus the
assertion that she didnBt /now that she had 'iven birth.
@. MITI6ATIN6 CIRCUMSTANCES
*iti'atin' circumstances are those which, if
present in the commission of the crime, do not entirel%
free the actor from criminal liabilit%, but serve onl% to
reduce the penalt%.
The% are based on the diminution of either
freedom of action, intelli'ence or intent or on the lesser
perversit% of the offender.
CLASSES OF MITI6ATIN6 CIRCUMSTANCES
1. ORDINARY MITI6ATIN6
? Those mentioned in subsections 1 to 1= of Art.
13.
.. PRI)ILE6ED MITI6ATIN6
A#. 08. Penalty to be impose upon a person
uner eighteen years of age! I Ahen the offender is
a minor under ei'hteen %ears and his case is one comin'
under the provisions of the para'raphs ne-t to the last
of Article = of this Code, the followin' rules shall be
observed.
1. 3pon a person under fifteen but over nine
%ears of a'e, who is not e-empted from liabilit% b%
reason of the court havin' declared that he acted with
discernment, a discretionar% penalt% shall be imposed,
but alwa%s lower b% two de'rees at least than that
prescribed b% law for the crime which he committed.
#. 3pon a person over fifteen and under
ei'hteen %ears of a'e the penalt% ne-t lower than that
prescribed b% law shall be imposed, but alwa%s in the
proper period.
A#. 09. Penalty to be impose #hen the crime
committe is not #holly excusable. I A penalt%
lower b% one or two de'rees than that prescribed b% law
shall be imposed if the deed is not wholl% e-cusable b%
reason of the lac/ of some of the conditions re9uired to
+ustif% the same or to e-empt from criminal liabilit% in
the several cases mentioned in Article 11 and 1#,
provided that the ma+orit% of such conditions be present.
The courts shall impose the penalt% in the period which
ma% be deemed proper, in view of the number and
nature of the conditions of e-emption present or lac/in'.
R Privile'ed miti'atin' circumstances which are
applicable onl% to particular crimes.
1. Art. #0, par. 3. Joluntar% release of the
person ille'all% detained within 3 da%s without the
offender attainin' his purpose and before the institution
of criminal action. The penalt% is one de'ree lower.
#. Art. 333, par. 3. Abandonment without
+ustification of the spouse who committed adulter%. The
penalt% is one de'ree lower.
ORDINARY MC PRI)ILED6ED MC
$usceptible of bein' offset
b% an% a''ravatin'
circumstance
Cannot be offset b%
a''ravatin' circumstance
6f not offset b%
a''ravatin' circumstance,
produces the effect of
appl%in' the penalt%
provided b% law for the
crime in its min period in
case of divisible penalt%
The effect of imposin'
upon the offender the
penalt% lower b% one or
two de'rees than that
provided b% law for the
crime.
RR N2T<. *iti'atin' circumstances onl% reduce the
penalt% but do not chan'e the nature of the crime.
A#. 1@. )itigating circumstances. I The followin'
are miti'atin' circumstancesF
1. Those mentioned in the precedin' chapter,
when all the re9uisites necessar% to +ustif% or to e-empt
from criminal liabilit% in the respective cases are not
attendant.
#. That the offender is under ei'hteen %ear of
a'e or over sevent% %ears. 6n the case of the minor, he
shall be proceeded a'ainst in accordance with the
provisions of Art. =.
3. That the offender had no intention to
commit so 'rave a wron' as that committed.
>. That sufficient provocation or threat on the
part of the offended part% immediatel% preceded the act.
!. That the act was committed in the
immediate vindication of a 'rave offense to the one
committin' the felon% (delito", his spouse, ascendants,
or relatives b% affinit% within the same de'rees.
0. That of havin' acted upon an impulse so
powerful as naturall% to have produced passion or
obfuscation.
;. That the offender had voluntaril%
surrendered himself to a person in authorit% or his
a'ents, or that he had voluntaril% confessed his 'uilt
before the court prior to the presentation of the
evidence for the prosecutionF
. That the offender is deaf and dumb, blind or
otherwise sufferin' some ph%sical defect which thus
restricts his means of action, defense, or
comm>unications with his fellow bein's.
:. $uch illness of the offender as would
diminish the e-ercise of the will?power of the offender
without however deprivin' him of the consciousness of
his acts.
1=. And, finall%, an% other circumstances of a
similar nature and analo'ous to those above mentioned.
P,#. 1= THOSE MENTIONED IN THE PRECEDIN6
CHAPTER' WHEN ALL THE REBUISITES NECESSARY
TO 7USTIFY OR TO EGEMPT FROM CRIMINAL
LIABILITY IN THE RESPECTI)E CASES ARE NOT
ATTENDANT.
The circumstances of %ustification or exemption
which ma% 'ive place to mitigation, because not all the
re9uisites necessar% to +ustif% the act or to e-empt from
/ viv Pa'e >>
#==>?#==!
criminal liabilit% in the respective cases are attendant,
are the ff.
1. $elf?defense
#. )efense of Relatives
3. )efense of $tran'ers
>. $tate of necessit%
!. Performance of dut%
0. 2bedience to order of superior
;. *inorit% over : and under 1! %ears of
a'e
. Causin' in+ur% b% mere accident
:. 3ncontrollable fear
INCOMPLETE 7USTIFYIN6 CIRCUMSTANCE
1. *ncomplete self-efense& efense of
relatives& efense of stranger
6n these 3 classes of defense, 3N&AAC3&
A11R<$$62N must alwa%s be present. 6t is an
indispensable re9uisite.
Par. 1 of Art. 13 is applicable onl% when unlawful
a''ression is present but the other # re9uisites are not
present in an% of the cases referred to in circumstances
number 1, # and 3 or Art. 11.
<-. Ahen the one ma/in' defense a'ainst unlawful
a''ression used unreasonable means to prevent or repel
it, he is entitled to a privile'ed miti'atin' circumstance.
#. *ncomplete (ustifying circumstance of
avoiance of greater evil or in(ury.
R<Q36$6T<$ under par. > of Art. 11.
a. That the evil sou'ht to be avoided
actuall% e-istsF
b. That the in+ur% feared be 'reater
than that done to avoid itF
c. That there be no other practical and
less harmful means of preventin' it.
Avoidance of 'reater evil or in+ur% is a +ustif%in'
circumstance if all the three re9uisites mentioned in par.
> of Art. 11 are present. (ut if an% of the last two
re9uisites is lac/in', there is onl% a miti'atin'
circumstance.
3. *ncomplete (ustifying circumstance of
performance of uty!
R<Q36$6T<$ under par. ! of Art. 11.
a. That the accused acted in the
performance of a dut% or in the lawful
e-ercise of a ri'ht or officeF and
b. That the in+ur% caused or offense
committed be the necessar% conse9uence
of the due performance of such dut% or
the lawful e-ercise of such ri'ht or office.
6n People v. 2anis, the $C considered one of
the # re9uisites as constitutin' the ma+orit%. 6t seems
that there is no ordinar% miti'atin' circumstance under
Art. 13 par. 1 when the +ustif%in' or e-emptin'
circumstance has # re9uisites onl%.
INCOMPLETE EGEMPTIN6 CIRCUMSTANCE
1. *ncomplete exempting circumstance of
minority over < an uner 6> years of age!
R<Q36$6T<$ under par. 3 of Art. 1#.
a. That the offender is over : and under 1!
%ears oldF and
b. That he does not act with discernment.
6f the minor over : and under 1! %ears of a'e acted
with discernment, he is entitled onl% to a miti'atin'
circumstance, because not all the re9uisites to e-empt
from criminal liabilit% are present.
#. *ncomplete exempting circumstance of
accient!
R<Q36$6T<$ under par. > of Art. 1# .
a. A person is performin' a lawful actF
b. Aith due careF
c. ,e causes an in+ur% to another b% mere
accidentF and
d. Aithout fault or intention of causin' it.
6f the #
nd
re9uisite and 1
st
part of

the >
th
re9uisite are absent, the case will fall under Art. 30!
which punishes rec/less imprudence.
6f the 1
st
re9uisite and #
nd
part

of the >
th
re9uisite are absent, it will be an intentional felon%.
3. *ncomplete exempting circumstance of
uncontrollable fear .
R<Q36$6T<$ under par. 0 of Art. 1#.
a. That the threat which caused the fear was
of an evil 'reater than, or at least e9ual
to, that which he was re9uired to commitF
b. That it promised an evil of such 'ravit%
and imminence that an ordinar% person
would have succumbed to it.
6f onl% one of these re9uisites is present,
there is onl% a miti'atin' circumstance.
P,#. . M THAT THE OFFENDER IS UNDER 18 YEARS
OF A6E OR O)ER 72 YEARS. IN THE CASE OF THE
MINOR' HE SHALL BE PROCEEDED A6AINST IN
ACCORDANCE WITH THE PRO)ISIONS OF ART. 82.
Par. # contemplates the ff.
1. An offender over : but under 1! of a'e who
acted with discernment.
#. An offender fifteen or over but under 1 %ears
of a'e.
3. An offender over ;= %ears old.
A#. 82. Suspension of sentence of minor
elin-uents! I Ahenever a minor of either se-, under
si-teen %ears of a'e at the date of the commission of a
'rave or less 'rave felon%, is accused thereof, the court,
after hearin' the evidence in the proper proceedin's,
instead of pronouncin' +ud'ment of conviction, shall
suspend all further proceedin's and shall commit such
minor to the custod% or care of a public or private,
benevolent or charitable institution, established under
the law of the care, correction or education of orphaned,
homeless, defective, and delin9uent children, or to the
custod% or care of an% other responsible person in an%
other place sub+ect to visitation and supervision b% the
)irector of Public Aelfare or an% of his a'ents or
representatives, if there be an%, or otherwise b% the
sub+ect to such conditions as are prescribed herein
/ viv Pa'e >!
#==>?#==!
below until such minor shall have reached his ma+orit%
a'e or for such less period as the court ma% deem
proper.
The court, in committin' said minor as
provided above, shall ta/e into consideration the reli'ion
of such minor, his parents or ne-t of /in, in order to
avoid his commitment to an% private institution not
under the control and supervision of the reli'ious sect or
denomination to which the% belon'.
The )irector of Public Aelfare or his dul%
authori4ed representatives or a'ents, the
or the person to whose custod% or care the minor has
been committed, shall submit to the court ever% four
months and as often as re9uired in special cases, a
written report on the 'ood or bad conduct of said minor
and the moral and intellectual pro'ress made b% him.
The suspension of the proceedin's a'ainst a
minor ma% be e-tended or shortened b% the court on the
recommendation of the )irector of Public Aelfare or his
authori4ed representative or a'ents, or the
accordin' as to whether the conduct of such minor has
been 'ood or not and whether he has complied with the
conditions imposed upon him, or not. The provisions of
the first para'raph of this article shall not, however, be
affected b% those contained herein.
6f the minor has been committed to the
custod% or care of an% of the institutions mentioned in
the first para'raph of this article, with the approval of
the )irector of Public Aelfare and sub+ect to such
conditions as this official in accordance with law ma%
deem proper to impose, such minor ma% be allowed to
sta% elsewhere under the care of a responsible person.
6f the minor has behaved properl% and has
complied with the conditions imposed upon him durin'
his confinement, in accordance with the provisions of
this article, he shall be returned to the court in order
that the same ma% order his final release.
6n case the minor fails to behave properl% or to
compl% with the re'ulations of the institution to which he
has been committed or with the conditions imposed
upon him when he was committed to the care of a
responsible person, or in case he should be found
incorri'ible or his continued sta% in such institution
should be inadvisable, he shall be returned to the court
in order that the same ma% render the +ud'ment
correspondin' to the crime committed b% him.
The e-penses for the maintenance of a minor
delin9uent confined in the institution to which he has
been committed, shall be borne totall% or partiall% b% his
parents or relatives or those persons liable to support
him, if the% are able to do so, in the discretion of the
courtF Provided, That in case his parents or relatives or
those persons liable to support him have not been
ordered to pa% said e-penses or are found indi'ent and
cannot pa% said e-penses, the municipalit% in which the
offense was committed shall pa% one?third of said
e-pensesF the province to which the municipalit%
shall be borne b% the National 1overnment. Provided,
however, That whenever the $ecretar% of Cinance
certifies that a municipalit% is not able to pa% its share in
the e-penses above mentioned, such share which is not
paid b% said municipalit% shall be borne b% the National
1overnment. Chartered cities shall pa% two?thirds of
said e-pensesF and in case a chartered cit% cannot pa%
said e-penses, the internal revenue allotments which
ma% be due to said cit% shall be withheld and applied in
settlement of said indebtedness in accordance with
section five hundred and ei'ht%?ei'ht of the
Administrative Code.
LE6AL EFFECTS OF )ARIOUS A6ES OF OFFENDERD
1. 3nder : %ears of a'e, an e-emptin' circumstance.
(Art. 1#, par. #"
#. 2ver : and under 1! %ears of a'e, also an
e-emptin' circumstance, unless he acted with
discernment (Art. 1#, par. 3"
3. *inor delin9uent under 1 %ears of a'e, the
sentence ma% be suspended. (Art. 1:#, P) No.
0=3 as amended b% P) 11;:"
>. 3nder 1 %ears of a'e, privile'ed miti'atin'
circumstance (Art. 0"
!. 1 %ears or over, full criminal responsibilit%.
P,#. @ M THAT THE OFFENDER HAD NO INTENTION
TO COMMIT SO 6R A WRON6 AS THAT
COMMITTED.
This circumstance can be ta/en into account
onl% when the facts proven show that there is a notable
and evident disproportion between the means emplo%ed
to e-ecute the criminal act and its conse9uences.
The intention, as an internal act, is +ud'ed
not onl% b% the proportion of the means emplo%ed b%
him to the evil produced b% his act, but also b% the fact
that the blow was or was not aimed at a vital part of
the bod%.
6ntention must be +ud'ed b% considerin' the
weapon used, the in+ur% inflicted and his attitude of the
mind when the accused attac/ed the deceased.
This miti'atin' circumstance is not applicable
when the offender emplo%ed brute force.
&ac/ of intent to commit so 'rave a wron' is
not appreciated where the offense committed is
characteri4ed b% treacher%.
6n crimes a'ainst persons who do not die as
a result of the assault, the absence of the intent to /ill
reduces the felon% to mere ph%sical in+uries, but it does
not constitute a miti'atin' circumstance under Art. 13
par 3.
6t is not applicable to felonies b% ne'li'ence
because in these /inds of felonies, there is no intent on
the part of the offender which ma% be considered
diminished.
Par. 3 is onl% applicable to offense resultin'
in ph%sical in+uries or material harm. 6t is not applicable
to defamation or slander.
P&o*%& +. U#,% (1971)
Facts: Aitness Alberto saw policeman 3ral
inside the +ail bo-in' detention prisoner Napola. As
Napola collapsed on the floor, 3ral went out to 'et a
bottle. ,e poured the contents to the dress of Napola
and set it on fire. Napola 'ot burned and he as/ed
merc% from 3ral. 6nstead, 3ral loc/ed him up and
threatened the witness not to tell an%one or else he will
burn also. Ahen Napola was alread% sufferin' much
from the burns, 3ral became fri'htened and he and
$iton helped put out the fire. Napola died later because
of the burns.
Held: 2ffender is criminall% liable althou'h
conse9uence of his felonious act was not intended b%
him. This is covered b% Art. > of the RPC. The TC failed
/ viv Pa'e >0
#==>?#==!
to appreciate the miti'atin' circumstance that the
offender has no intention to commit so 'rave a wron'
as that committed. 6t is manifest from the facts that the
accused had no intent to /ill the victim. ,is onl% desi'n
was onl% to maltreat him ma%be because of his drun/en
condition. Ahen the accused reali4ed the fearful
conse9uences of his act, he allowed the victim to secure
medical treatment.
P&o*%& +. A3! (1972)
Facts: Amit pleads 'uilt% to rape with homicide
and sentenced to death. Amit appeals claimin' that
there are 3 miti'atin' circumstances includin' lac/ of
intention to commit so 'rave a wron'.
Held: A 'reat disproportion between means
emplo%ed to accomplish the criminal act on the one
hand, and its conse9uences on the other, must first be
shown. 2therwise, the miti'atin' circumstance could
not be considered.
(ased on the narration 'iven b% the accused
where he said that he held victimBs nec/ down as he
bo-ed her in the face, and considerin' moreover that
the victim was !; %ears old while the accused was onl%
3#, the court held that the means emplo%ed b% the
accused was sufficient to have caused the death of the
victim.
)eath penalt% should be imposed. 6t is a sin'le
indivisible penalt% applied re'ardless of miti'atin'
circumstance, especiall% when records of the present
case evince the a''ravatin' circumstances of ni'httime
and abuse of superior stren'th.
P&o*%& +. R&-,o (1981)
Facts: Re'ato, Ramire4 and $alceda robbed the
store of Jictor Clores. Jictor was maltreated to force
him to reveal where their mone% was. The robbers
found the mone% in a place different from where Jictor
revealed to them. Ramire4 'ot mad and called Jictor a
liar. Jictor retorted, 5%ou robbersT7. Aith this remar/,
Ramire4 shot Jictor and the three rushed out of the
house.
Held: The $C did not find merit in the
contention that there was lac/ of intent to commit so
'rave a wron' as that committed. 6ntention is a mental
process and is an internal state of mind. The intention
must be +ud'ed b% the ACT62N, C2N)3CT and
<HT<RNA& ACT$ of the accused. Ahat men do is the
best inde- of their intention. 6n the case at bar, the
aforesaid miti'atin' circumstance cannot be
appreciated considerin' that the acts emplo%ed b% the
accused were reasonabl% sufficient to produce the
result that the% actuall% made @ the death of the victim.
P&o*%& +. C,%%& (.22.)
Facts: Alfredo, &ecpo% and <duardo were
beside each other as the% watched a cara % cru4 'ame.
Alfredo sat close to the 'round, with his buttoc/s
restin' on his ri'ht foot. &ecpo% and <duardo sat on a
piece of wood and on a stone, respectivel%. 2ut of
nowhere, the accused, Callet, appeared behind Alfredo
and stabbed the latter on the left shoulder near the
base of the nec/ with a :?inch huntin' /nife.
6nstinctivel%, Alfredo stood up and mana'ed to wal/ a
few meters. Ahen he fell on the 'round, &ecpo% and
<duardo rushed to help him but to no avail. Alfredo died
shortl% thereafter. Calleto voluntar% surrendered. ,e
claims that his liabiit% should be miti'ated b% the fact
that he had no intention to commit so 'rave a wron'.
Held: The lac/ of LintentL to commit a wron'
so 'rave is an internal state. 6t is wei'hed based on the
weapon used, the part of the bod% in+ured, the in+ur%
inflicted and the manner it is inflicted. The fact that the
accused used a :?inch huntin' /nife in attac/in' the
victim from behind, without 'ivin' him an opportunit%
to defend himself, clearl% shows that he intended to do
what he actuall% did, and he must be held responsible
therefor, without the benefit of this miti'atin'
circumstance.
P,#. 1. M THAT SUFFICIENT PRO)OCATION OR
THREAT ON THE PART OF THE OFFENDED PARTY
IMMEDIATELY PRECEDED THE ACT
PRO)OCATION
? An% un+ust or improper conduct or act of the
offended part%, capable of e-citin', incitin', or irritatin'
an%one.
REBUISITESD
a. That the provocation must be sufficient
b. That it must ori'inate from the offended
part%
c. That the provocation must be immediate
to the act, i.e., to the commission of the crime b%
the person who is provo/ed.
P&o*%& +. P,-,% (1977)
Facts: Pa'al and Torcelino, emplo%ees of 1au
1uan, conspired to'ether to ta/e awa% from their
emplo%er P1,#1. Ahen 1au 1uan refused to open the
/aha de %ero, the% stabbed him with an icepic/ and
clubbed him with an iron pipe which resulted to his
death. The two accused were char'ed with the crime of
robber% with homicide. 2n appeal, the% claimed that
the% are entitled to # miti'atin' circumstances.
sufficient provocation or threat on the part of the
offended part% and havin' acted upon an impulse so
powerful as to produce passion and obfuscation.
Held: The # miti'atin' circumstances cannot
be considered as # distinct and separate circumstances
but should onl% be treated as one because the% both
arose from the same incident @ the alle'ed
maltreatment of Pa'al and Torcelino b% 1au 1uan. The
circumstance of passion and obfuscation cannot be
miti'atin' in a crime which is planned and calml%
meditated before its e-ecution. Also, provocation in
order to be miti'atin' must be sufficient and
immediatel% precedin' the act. 6n this case, it was
months a'o when the incident of alle'ed maltreatment
too/ place.
Ro3&#, +. P&o*%& (.221)
Facts: Ahile l%in' in bed, Romera heard the
victim Ro% call him and his wife, as/in' if the% had beer
and a fi'hter for sale. ,e did not answer Ro% because
he /new that Ro% was alread% drun/. Ro% as/ed for
Romera but when the latterMs wife told him that he was
alread% asleep, Ro% told her to wa/e her husband up.
Romera went down the house and as/ed who was at
the door. 8ust as he opened the door for Ro%, Ro% thrust
his bolo at him. ,e successfull% parried the bolo and
as/ed Ro% what it was all about. Ro% answered he
would /ill Romera. Romera tried to prevent Ro% from
enterin', so he pushed the door shut. As Ro% was
hac/in' at the wall, RomeraBs wife held the door to
allow Romera to e-it in another door to face Ro%. ,e
hurled a stone at Ro%, who dod'ed it. Ro% rushed to
him and hac/ed him, but he parried the blow. Petitioner
'rappled for the bolo and stabbed Ro% in the stomach.
Aounded, Ro% be''ed petitioner for for'iveness.
/ viv Pa'e >;
#==>?#==!
Romera ceased harmin' Ro% for fear he mi'ht /ill him.
Held: There was sufficient provocation and the
circumstance of passion or obfuscation attended the
commission of the offense. Thrustin' his bolo at
Romera, threatenin' to /ill him, and hac/in' the
bamboo walls of his house are sufficient provocation to
enra'e an% man, or stir his ra'e and obfuscate his
thin/in', more so when the lives of his wife and
children are in dan'er. Romera stabbed the victim as a
result of those provocations, and while Romera was still
in a fit of ra'e.
The court however stressed that provocation
and passion or obfuscation are not # separate
miti'atin' circumstances. Aell?settled is the rule that if
these # circumstances are based on the same facts,
the% should be treated to'ether as one miti'atin'
circumstance. Crom the facts established in this case, it
is clear that both circumstances arose from the same
set of facts aforementioned. ,ence, the% should not be
treated as two separate miti'atin' circumstances.
P,#. (. M THAT THE ACT WAS COMMITTED IN THE
IMMEDIATE )INDICATION OF A 6RA)E OFFENSE
TO THE ONE COMMITTIN6 THE FELONY (DELITO)'
HIS SPOUSE' ASCENDANTS' DESCENDANTS'
LE6ITIMATE' NATURAL OR ADOPTED BROTHERS
OR SISTERS' OR RELATI)ES BY AFFINITY WITHIN
THE SAME DE6REE.
REBUISITESD
a. That there be a gra!e offense done to the
one committin' the felon%, his spouse,
ascendants, descendants, le'itimate, natural or
adopted brothers or sisters, or relatives b%
affinit% within the same de'ree.
b. That the felon% is committed in vindication
of such 'rave offense. A lapse of time is allowed
between the vindication and the doin' of the
'rave offense.
PRO)OCATION )INDICATION
6t is made directl% onl% to
the person committin' the
offense
The 'rave offense ma% be
committed also a'ainst the
offenderBs relatives
mentioned in the law.
The cause that brou'ht
about the provocation
need not be a 'rave
offense.
The offended part% must
have done a 'rave offense
to the offender or his
relatives mentioned in the
law.
6t is necessar% that the
provocation or threat
immediatel% preceded the
act.
The vindication of the
'rave offense ma% be
proximate, which admits of
an interval of time
between the 'race offense
done b% the offended part%
and the commission of the
crime.
,asis to etermine the gravity of offense in
vinication
The 9uestion whether or not a certain personal
offense is 'rave must be decided b% the court, havin' in
mind the social standing of the person, the place and
the time when the insult was made.
Jindication of a 'rave offense and passion or
obfuscation cannot be counted separatel% and
independentl%.
P&o*%& +. A3*,# (1917)
Facts: A fiesta was in pro'ress and the accused
Ampar went to the /itchen and as/ed from Patobo some
of the roast pi'. Patobo replied, 5There is no more.
Come here and 6 will ma/e roast pi' of %ou.7 &ater,
while Patobo was s9uattin' down, Ampar struc/ him on
the head with an a-, causin' his death the followin' da%.
The TC appreciated the miti'atin' circumstance of
immediate vindication of a 'rave offense.
Held: The offense which the defendant was
endeavorin' to vindicate would be to the avera'e person
considered as a mere trifle. (ut to this defendant, an old
man, it evidentl% was a serious matter to be made the
butt of a +o/e in the presence of so man% 'uests. The TC
was correct.
P&o*& +. P,#,n, (19@7)
Facts: The precedin' ni'ht, Parana and &ama%
were at the house of the deceasedBs brother pla%in'
cards when the two had an e-chan'e of words so the
deceased as/ed them to leave. The accused refused so
the deceased slapped him and ordered him to leave.
The mornin' after, Parana was about to surprise the
deceased and stab him from behind when the chauffeur
shouted to warn the deceased. The deceased,
defendin' himself retreated until he fell into a ditch.
The appellant mounted astride of the deceased and
continued to stab him with the da''er. The deceased
was first brou'ht to the hospital but e-pired 0 da%s
after.
Held: The miti'atin' circumstance that he had
acted in the immediate vindication of a 'rave offense
committed a'ainst him a few hours before, when he
was slapped b% the deceased in the presence of man%
persons, must li/ewise be ta/en into consideration.
Althou'h this offense (slappin'" was not so immediate,
the court believes that the influence thereof, b% reason
of its 'ravit% and the circumstances under which it was
inflicted, lasted until the moment the crime was
committed.
P&o*%& +. D!o?no (19@0)
Facts: The deceased and the dau'hter of
accused <pifanio eloped. <pifanio and his son, Roman
went to loo/ for them. Ahen the% were able to find the
deceased, the% stabbed him several times until he died.
Held: The presence of the !
th
miti'atin'
circumstance must be ta/en into consideration. There
was no interruption from the time the offense was
committed to the vindication thereof. The herein
accused belon' to a famil% of old customs to whom the
elopement of a dau'hter with a man constitutes a 'rave
offense to their honor and causes disturbance of the
peace of the home. The fact that the accused saw the
deceased run upstairs when he became aware of their
presence, as if he refused to deal with them after
havin' 'ravel% offended them, was certainl% a stimulus
stron' enou'h to produce in their mind a fit of passion
which blinded them and led them to commit that crime.
P&o*%& +. To#*!o (.221)
Facts. Ahile havin' a drin/in' spree in a
cotta'e, Anthon% tried to let )ennis Torpio drin/ 'in
and as the latter refused, Anthon% bathed )ennis with
'in and mauled him several times. )ennis crawled
beneath the table and Anthon% tried to stab him with a
/ viv Pa'e >
#==>?#==!
## fan /nife but did not hit him. )ennis 'ot up and ran
towards their home. 3pon reachin' home, he 'ot a
/nife. ,e went bac/ to the cotta'e b% another route
and upon arrival Anthon% was still there. 3pon seein'
)ennis, Anthon% avoided )ennis and ran b% passin' the
shore towards the cree/ but )ennis met him, bloc/ed
him and stabbed him. Ahen he was hit, Anthon% ran
but 'ot entan'led with a fishin' net beside the cree/
and fell on his bac/. )ennis then mounted on him and
continued stabbin' him resultin' to the latters death.
Thereafter, )ennis left and slept at a 'rass% meadow
near a Camp. 6n the mornin', he went to <strera, a
police officer to whom he voluntaril% surrendered.
Held: The miti'atin' circumstance of havin'
acted in the immediate vindication of a 'rave offense is
properl% appreciated. )ennis was humiliated, mauled
and almost stabbed b% the Anthon%. Althou'h the
unlawful a''ression had ceased when )ennis stabbed
Anthon%, it was nonetheless a 'rave offense for which
the )ennis ma% be 'iven the benefit of a miti'atin'
circumstance. ,owever, the miti'atin' circumstance of
sufficient provocation cannot be considered apart from
the circumstance of vindication of a 'rave offense.
These two circumstances arose from one and the same
incident, i.e., the attac/ on the appellant b% Anthon%, so
that the% should be considered as onl% one miti'atin'
circumstance.
P&%on!, +. P&o*%& (.220)
Held: The miti'atin' circumstance of havin'
acted in the immediate vindication of a 'rave offense
was, li/ewise, properl% appreciated. Petitioner was
humiliated in front of his 'uests and /in in his own
house. 6t is settled, however, that the mitigating
circumstance of sufficient provocation cannot be
consiere apart from the circumstance of
vinication of a grave offense! These two
circumstances arose from one and the same incident so
that the% should be considered as onl% one miti'atin'
circumstance.
P,#. 0. M THAT OF HA)IN6 ACTED UPON AN
IMPULSE SO POWERFUL AS NATURALLY TO HA)E
PRODUCED PASSION OR OBFUSCATION.
REBUISITESD
a. The accused acted upon an impulse.
b. The impulse must be so powerful that it
naturall% produce passion or obfuscation
in him.
Passion or obfuscation ma% constitute as a miti'atin'
circumstance onl% when the same arose from &AAC3&
$<NT6*<NT$. 6t is not applicable when.
a. The act committed in a spirit of &AA&<$$N<$$.
b. the act is committed in a spirit of R<J<N1<.
The crime committed must be the result of a sudden
impulse of natural and uncontrollable fur%.
The accused who raped a woman is not entitled to the
miti'atin' circumstance of 5havin' acted upon an
impulse so powerful as naturall% to have produced
passion7 +ust because he finds himself in a secluded
place with that %oun' ravishin' woman, almost na/ed
and therefore, 5liable to succumb to the uncontrollable
passion of his bestial instinct.7
The miti'atin' circumstance of obfuscation arisin'
from +ealous% cannot be invo/ed in favor of the accused
whose relationship with the woman was ille'itimate.
Passion and obfuscation ma% lawfull% arise from
causes e-istin' onl% in the honest belief of the offender.
PASSION OR
OBFUSCATION
IRRESISTIBLE FORCE
*iti'atin' circumstance <-emptin' circumstance
Cannot 'ive rise to an
irresistible force because
the latter re9uires ph%sical
force
Passion or obfuscation is in
the offender himself
6rresistible force must
come from a third person
*ust arise from lawful
sentiments
The irresistible force is
unlawful
PASSION PRO)OCATION
Produced b% an impulse
which ma% be caused b%
provocation
Comes form the in+ured
part%
Need not be immediate. 6t
is onl% re9uired that the
influence thereof lasts until
the moment the crime is
committed
*ust immediatel% precede
the commission of the
crime
The effect is the loss of reason and self?control on the
part of the offender.
P&o*%& +. M"! (198.)
Facts: Rosario *uit was the (r'%. Sone
President and Torrero was the 4one auditor. The% used
to meet fre9uentl% because the% were havin' an affair
which eventuall% reached the husband of Rosario,
)elfin. )elfin shot Torrero 3 times at the front %ard of
the *uits. )elfin surrendered himself and turned in the
pistol he had used.
Held: *uit is 'uilt% of murder with miti'atin'
circumstances of voluntar% surrender and passion and
obsfuscation. The accused was driven stron'l% b%
+ealous%. The feelin' of resentment resultin' from the
rivalr% in amorous relations with a woman is a powerful
stimulant to +ealous% and prone to produce an'er and
obfuscation.
US +. HICCS (1929)
Facts: Cor about ! %ears, ,ic/s and $ola lived
to'ether as husband and wife when the% separated. A
few da%s later, $ola contracted new relations with
another ne'ro named Aallace. ,ic/s went to AallaceBs
house and as/ed the latter to 'o out. The% tal/ed for
awhile and then ,ic/s shot Aallace
Held: <ven if it is true that the accused acted
with obfuscation because of +ealous%, the miti'atin'
circumstance cannot be considered in his favor because
the causes which miti'ate criminal responsibilit% for the
loss of self?control are such which ori'inate from
legitimate feelings and not those which arise from
!icious# unworthy and immoral passions. The cause of
the passion of the accused was his ve-ation en'endered
b% the refusal of the woman to continue to live in illicit
relations with him, which she had a perfect ri'ht to do.
US +. DE LA CRUE (191.)
Facts: The evidence clearl% discloses that the
convict, in the heat of passion, /illed the deceased, who
/ viv Pa'e >:
#==>?#==!
had theretofore been his lover upon discoverin' her in
flagrante in carnal communication with a mutual
ac9uaintance.
Held: The accused was entitled to the
miti'atin' circumstance of passion or obfuscation
because the impulse was caused b% the sudden
revelation that she was untrue to him, and his
discover% of her in flagrante in the arms of another.
note. when the court used the word 5illicit7,
it doesnBt mean that it is an ille'itimate or
bi'amous relationship. 6t means that it is
cohabitation without a valid marria'e.
P&o*%& +. 6&#3!n, (1998)
Facts: 2ne ni'ht, the accused went to the
An'eles residence to loo/ for Ra%mund. ,e went to
verifi% the news that the latter mauled and stabbed the
accusedBs mentall% retarded brother, Rafael. Ra%mund
was not %et at home and the moment he arrived, the
accused spotted him and shot him.
Held: There is no treacher%. Passion cannot co?
e-ist with treacher% because in passion, the offender
loses his control and reason while in treacher% the
means emplo%ed are consciousl% adopted. 2ne who
loses his reason and self?control could not deliberatel%
emplo% a particular method or form of attac/ in the
e-ecution of the crime. Passion e-isted in this case
because it clearl% arose from lawful sentiments or
le'itimate feelin's. The accused committed the crime
due to the maltreatment inflicted b% the victim on his
mentall% retarded brother.
Ro3&#, +. P&o*%& (.221)
Facts: Ahile l%in' in bed, Romera heard the
victim Ro% call him and his wife, as/in' if the% had beer
and a fi'hter for sale. ,e did not answer Ro% because
he /new that Ro% was alread% drun/. Ro% as/ed for
Romera but when the latterMs wife told him that he was
alread% asleep, Ro% told her to wa/e her husband up.
Romera went down the house and as/ed who was at
the door. 8ust as he opened the door for Ro%, Ro% thrust
his bolo at him. ,e successfull% parried the bolo and
as/ed Ro% what it was all about. Ro% answered he
would /ill Romera. Romera tried to prevent Ro% from
enterin', so he pushed the door shut. As Ro% was
hac/in' at the wall, RomeraBs wife held the door to
allow Romera to e-it in another door to face Ro%. ,e
hurled a stone at Ro%, who dod'ed it. Ro% rushed to
him and hac/ed him, but he parried the blow. Petitioner
'rappled for the bolo and stabbed Ro% in the stomach.
Aounded, Ro% be''ed petitioner for for'iveness.
Romera ceased harmin' Ro% for fear he mi'ht /ill him.
Held: There was sufficient provocation and the
circumstance of *,ss!on o# o/8"s$,!on attended the
commission of the offense. Thrustin' his bolo at
Romera, threatenin' to /ill him, and hac/in' the
bamboo walls of his house are sufficient provocation to
enra'e an% man, or stir his ra'e and obfuscate his
thin/in', more so when the lives of his wife and
children are in dan'er. Romera stabbed the victim as a
result of those provocations, and while Romera was still
in a fit of ra'e.
The court however stressed that provocation
and passion or obfuscation are not # separate
miti'atin' circumstances. Aell?settled is the rule that if
these # circumstances are based on the same facts,
the% should be treated to'ether as one miti'atin'
circumstance. Crom the facts established in this case, it
is clear that both circumstances arose from the same
set of facts aforementioned. ,ence, the% should not be
treated as two separate miti'atin' circumstances.
P&o*%& +. 6onF,%&F (.221)
Facts: (oth of the families of Andres and that
of 1on4ale4 were on their wa% to the e-it of the &o%ola
*emorial Par/. 1on4ales was with his 'randson and 3
housemaids, while Andres was drivin' with his pre'nant
wife, Celiber, his #%r old son, Oenneth, his nephew Oevin
and his sister?in?law. At an intersection, their two
vehicles almost collided. 1on4ales continued drivin'
while Andres tailed 1on4alesB vehicle and cut him off
when he found the opportunit% to do so, then 'ot out of
his vehicle and /noc/ed on the appellantMs car window.
,eated e-chan'e of remar/s followed. 2n his wa% bac/
to his vehicle, he met 1on4ales son, )ino. Andres had a
shoutin' match this time with )ino. 1on4ales then
ali'hted from his car and fired a sin'le shot at the last
window on the left side of AndresM vehicle at an an'le
awa% from Andres. The sin'le bullet fired hit Oenneth,
Oevin and Celiber which caused the latters death.
Held: The miti'atin' circumstance of passion
and obfuscation is not obtainin'. AndresM act of shoutin'
at 1on4alesB son, who was then a nurse and of le'al
a'e, is not sufficient to produce passion and obfuscation.
)ino was shoutin' bac/ at Andres. 6t was not a case
wherein 1on4ales son appeared helpless and oppressed
that 1on4ales lost his reason and shot at the vehicle of
Andres. The same holds true for 1on4alesB claim of
provocation on the part of Andres. Provocation must be
sufficient to e-cite a person to commit the wron'
committed and that the provocation must be
commensurate to the crime committed. The sufficienc%
of provocation varies accordin' to the circumstances of
the case. The a''ressive behavior of Andres towards
1on4ales and his son ma% be demeanin' or humiliatin'
but it is not sufficient provocation to shoot at 1on4alesB
vehicle.
P&o*%& +. L,/=&o (.22.)
Facts. After bein' told to 'o awa% b% the
victim. &ab?eo left and returned to where the victim
was sellin' clothes and then and there stabbed her at
the bac/ with a /nife. Thereafter, he surrendered to the
Chief of Police. &ab?eo ar'ues for the appreciation of the
miti'atin' circumstances of passion and obfuscation, as
well as of sufficient provocation, in his favor.
Held: Cor a person to be motivated b% passion
and obfuscation, there must first e-ist an unlawful act
that would naturall% produce an impulse sufficient to
overcome reason and self?control. There is passional
obfuscation when the crime is committed due to an
uncontrollable burst of passion provo/ed b% prior un+ust
or improper acts, or due to a le'itimate stimulus so
powerful as to overcome reason. 6n as/in' &abIeo to
leave, the victim did not do an%thin' unlawful. There is
an absolute lac/ of proof that the &ab?eo was utterl%
humiliated b% the victimMs utterance. Nor was it shown
that the victim made that remar/ in an insultin' and
repu'nant manner. The victimMs utterance was not the
stimulus re9uired b% +urisprudence to be so
overwhelmin' as to overcome reason and self?restraint.
P&o*%& +. B,&s (.22@)
Facts: Ahile <d'ar, $imon, and 8ose are alon'
a trail leadin' to the house of Carlito (ates, the latter
suddenl% emer'ed from the thic/ banana plantation
surroundin' the trail, aimin' his firearm at 8ose who was
then wal/in' ahead of his companions. 8ose 'rabbed
/ viv Pa'e !=
#==>?#==!
CarlitoMs ri'ht hand and elbow and tried to wrest
possession of the firearm. Ahile the # were 'rapplin' for
possession, the 'un fired, hittin' Carlito who
immediatel% fell to the 'round. At that instant, *arcelo
(ates and his son *arcelo (ates, 8r., brother and
nephew of Carlito, respectivel%, emer'ed from the
banana plantation, each brandishin' a bolo. The%
immediatel% attac/ed 8ose hac/in' him several times.
8ose fell to the 'round and rolled but *arcelo and his
son /ept on hac/in' him.
Held: Passion and obfuscation ma% not be
properl% appreciated in favor of the appellant. To be
considered as a miti'atin' circumstance, passion or
obfuscation must arise from lawful sentiments and not
from a spirit of lawlessness or reven'e or from an'er
and resentment. 6n the present case, clearl%, *arcelo
was infuriated upon seein' his brother, Carlito, shot b%
8ose. ,owever, a distinction must be made between the
first time that *arcelo hac/ed 8ose and the second time
that the former hac/ed the latter. Ahen *arcelo hac/ed
8ose ri'ht after seein' the latter shoot at Carlito, and if
appellant refrained from doin' an%thin' else fter that, he
could have validl% invo/ed the miti'atin' circumstance
of passion and obfuscation. (ut when, upon seein' his
brother Carlito dead, *arcelo went bac/ to 8ose, who b%
then was alread% prostrate on the 'round and hardl%
movin', hac/in' 8ose a'ain was a clear case of someone
actin' out of an'er in the spirit of reven'e.
P,#. 7. M THAT THE OFFENDER HAD )OLUNTARILY
SURRENDERED HIMSELF TO A PERSON IN
AUTHORITY OR HIS A6ENTS' OR THAT HE HAD
)OLUNTARILY CONFESSED HIS 6UILT BEFORE THE
COURT PRIOR TO THE PRESENTATION OF THE
E)IDENCE FOR THE PROSECUTION.
. MITI6ATIN6 CIRCUMSTANCES UNDER THIS
PARA6RAPHD
1. Joluntar% surrender to a person in authorit% or
his a'entsF
#. Joluntar% confession of 'uilt before the court
prior to the presentation of evidence for the prosecution.
RE=3*S*"ES '1 2'L3N"$R5 S3RRENDERD
a. That the offender had not been actuall%
arrested.
b. That the offender surrendered himself to a
person in authorit% or to the latterBs a'ent.
c. That the surrender was voluntar%.
*erel% re9uestin' a policeman to accompan% the
accused to the police ,Q is not e9uivalent to voluntar%
surrender.
2ther e-amples.
a. The warrant of arrest showed that the
accused was in fact arrested.
b. The accused surrendered onl% after the
warrant of arrest was served.
c. The accused went into hidin' and
surrendered onl% when the% reali4ed that the forces of
the law were closin' in on them.
$urrender must be $P2NTAN<23$. ,e surrendered 1"
because he ac/nowled'es his 'uilt% or #" because he
wishes to save them the trouble and e-penses
necessaril% incurred in his search and capture.
The surrender must be b% reason of the commission of
the crime for which he is prosecuted.
P&o*%& +. P!n$, (1999)
Facts: Pinca and Abenir, after drin/in' at a
ba/eshop, hitched a ride with a tric%cle driver on their
wa% home. After passin' a man who was apparentl%
drun/ because he was swa%in' while he wal/ed, the
accused as/ed the driver to drop them off alread%. Pinca
told Abenir that that was the 'u% who spilled a drin/ on
him earlier that da%. The accused pic/ed up a lon' piece
of wood and waited for the man to pass b%. Ahen the
latter did, the accused hit him at the bac/ of his head
which led to his death.
Ahen the police came, the accused readil%
went with them and proceeded to tell his stor% that he
was innocent and that it was Abenir who /illed the man.
The accused was convicted of the crime of murder.
Held: Cor voluntar% surrender to be
appreciated, 3 re9uisites should be present. 1" the
offender has not been actuall% arrestedF #" the offender
surrendered to a person of authorit% and 3" the
surrender was voluntar%. The actions of the accused
belied this claim. ,e actuall% )<N6<) havin' committed
the crimes. ,e went on to tr% and 5clear his name.7
There is no voluntar% surrender.
P&o*%& +. A3,-"!n (1991)
Facts: Celso and 1ildo, to'ether with others,
attac/ed the 2ros. )urin' the fra%, 1ildo was armed
with a /nife and an 56ndian tar'et.7 And +ust as the%
were about to finish off the 2ro brothers, Aillie, the
eldest of the Ama'uins, appeared with a revolver and
delivered the coup de grace.
Held: $C a'rees with the accused?appellantsB
view that voluntar% surrender should be appreciated in
their favor. Ahile it ma% have ta/en both Aillie and 1ildo
a wee/ before turnin' themselves in, the fact is, the%
voluntaril% surrendered to the police before arrest could
be effected.
P&o*%& +. D"%os (1991)
Facts: The accused hired two professional
entertainers to entertain his 'uests. 2ne of the
entertainers, $usan, accepted an offer to chec/ in with
the accused 'uests but later on chan'ed her mind and
re+ected the offer. Ahen she went home with her
bo%friend, the accused chased them and as/ed for the
amount paid to $usan b% one of his 'uests. $usan
denied this. $usanBs bo%friend was shot b% the accused
which resulted to his death.
Held: J$ cannot be appreciated where there
was no conscious effort on the part of the accused to
voluntaril% surrender. ,ere, there was no conscious
effort on the part of the accused to J$ to the militar%
authorities when he went to Camp $ion'co after the
fateful incidents. As he himself admitted, he was not
placed under custod% b% the militar% authorities as he
was free to roam around as he pleased.
There is no J$ also where an accused merel%
surrendered the 'un he used in the /illin', without
surrenderin' his person to the authorities.
RE=3*S*"ES '1 PLE$ '1 93*L"5
a. That the offender spontaneousl%
confessed his 'uiltF
Plea of 'uilt% on appeal is not miti'atin'.
/ viv Pa'e !1
#==>?#==!
b. That the confession of 'uilt% was made in
open court, that is, before the competent court that is
to tr% the caseF and
The e-tra+udicial confession made b% the
accused is not voluntar% confession. $uch
confession was made outside the court. The
confession must be made in open court.
c. That the confession of 'uilt was made
prior to the presentation of evidence for the
prosecution.
The chan'e of plea should be made at the
first opportunit% when his arrai'nment was
first set.
A conditional plea of 'uilt% is not miti'atin'
G Plea of 'uilt% is miti'atin' because it indicates a moral
disposition in the accused, favorable to his reform. 6t is
an act of repentance and respect for the law.
P&o*%& +. C#!soso3o (1988)
Facts: 2n Christmas da%, while the accused
was passin' near the house of Romeo, he met the latter
and invited him to 'o drin/in'. Romeo declined and
suddenl%, the accused rushed towards Romeo from
behind and shot him with a revolver.
After the arrai'nment wherein accused entered
a plea of not 'uilt% and a'ain durin' the trial, the
accused si'nified his intention to withdraw his plea of
not 'uilt% to a lesser char'e of homicide and pra%ed that
he be allowed to prove the miti'atin' circumstances.
Held: The appellant offered to enter a plea of
'uilt% to the lesser offense of homicide onl% after some
evidence of the prosecution had been presented. ,e
reiterated his offer after the prosecution rested its case.
This is certainl% not miti'atin'.
P&o*%& +. 7os& & ,% (1971)
Facts: The *a''ie )e la Riva stor%. *a''ie was
drivin' her car with her maid inside when the% were
stopped b% another car. The appellant, Pineda, to'ether
with his 3 companions too/ *a''ie with them leavin'
the maid behind. *a''ie who was blindfolded was
brou'ht to a hotel. 6nside the room, her blindfold was
removed and she was as/ed to strip for them. Then, the
appellants raped her.
Held: Pineda contends that because the char'e
a'ainst him and his co?appellants is a capital offense
and the amended complaints cited a''ravatin'
circumstances, which, if proved, would raise the penalt%
to death, it was the dut% of the court to insist on his
presence durin' all sta'es of the trial. The contention is
untenable. Ahile a plea of 'uilt% is miti'atin', at the
same time it constitutes an admission of all the material
facts alle'ed in the information, includin' the
a''ravatin' circumstances, and it matters not that the
offense is capital, for the admission covers both the
crime and its attendant circumstances 9ualif%in' andDor
a''ravatin' the crime. (ecause of the aforesaid le'al
effect of PinedaBs plea of 'uilt%, it was not incumbent
upon the trial court to receive his evidence, much less to
re9uire his presence in court.
An4#,4, +. P&o*%& (.22()
Facts. 6nside a restaurant, Andrada
approached and scolded Cpl. 3'erio while the latter was
tal/in' to a woman who passed b% their table. $'t.
$umabon', identif%in' himself as a PC non?
commissioned officer, advised Andrada to pa% his bill
and 'o home as he was apparentl% drun/. Andrada paid
his bill and left the restaurant with his companions.
Ahile $'t. $umabon' was pa%in' his bill, he heard Cpl.
3'erio, seated about a meter awa%, moanin' in pain.
Ahen $'t. $umabon' turned around, he saw Cpl. 3'erio
sprawled on the floor. Andrada was hac/in' him on the
head with a bolo. $'t. $umabon' approached them but
Andrada ran awa%, followed b% a companion. ,e was
eventuall% arrested at a waitin' shed and was brou'ht
bac/ to the restaurant where the% recovered the bolo
used in hac/in' the victim. Andrada invo/ed the
miti'atin' circumstance of voluntar% surrender.
Held: Andrada, after attac/in' the victim# ran
awa%. ,e was apprehended b% respondin' officers at a
waitin' shed. Cor voluntar% surrender to be appreciated,
the surrender must be spontaneous, made in such a
manner that it shows the interest of the accused to
surrender unconditionall% to the authorities, either
because he ac/nowled'es his 'uilt or wishes to save
them the trouble and e-penses that would be
necessaril% incurred in his search and capture. ,ere, the
surrender was not spontaneous.
P,#. 8. M THAT THE OFFENDER IS DEAF AND DUMB'
BLIND OR OTHERWISE SUFFERIN6 FROM SOME
PHYSICAL DEFECT WHICH THUS RESTRICTS HIS
MEANS OF ACTION' DEFENSE' OR
COMMUNICATION WITH HIS FELLOW BEIN6S.
This para'raph does not distin'uish between educated
and uneducated deaf?mute or blind persons.
Ph%sical defect referred to in this para'raph is such as
bein' armless, cripple, or a stutterer, whereb% his means
to act, defend himself or communicate with his fellow
bein's are limited.
P,#. 9. M SUCH ILLNESS OF THE OFFENDER AS
WOULD DIMINISH THE EGERCISE OF THE WILL=
POWER OF THE OFFENDER WITHOUT HOWE)ER
DEPRI)IN6 HIM OF CONSCIOUSNESS OF HIS
ACTS.
REBUISITESD
a. That the illness of the offender must
diminish the e-ercise of his will?power.
b. That such illness should not deprive the
offender of consciousness of his acts.
Ahen the offender completel% lost the e-ercise of will?
power, it ma% be an e-emptin' circumstance.
6t is said that this para'raph refers onl% to diseases of
pathological state that trouble the conscience or will.
<-. A mother who, under the influence of a puerperal
fever, /illed her child the da% followin' her deliver%.
P,#. 12. M AND FINALLY' ANY OTHER
CIRCUMSTANCE OF A SIMILAR NATURE AND
ANALO6OUS OF THOSE ABO)EMENTIONED.
2ver 0= %ears old with failin' si'ht, similar to over ;=
%ears of a'e mentioned in para'raph #.
Joluntar% restitution of the propert% stolen b% the
accused or immediatel% reimbursin' the amount
malversed is a miti'atin' circumstance as analo'ous to
voluntar% surrender.
/ viv Pa'e !#
#==>?#==!
Not resistin' arrest is not analo'ous to voluntar%
surrender.
Testif%in' for the prosecution is analo'ous to plea of
'uilt%.
Davalos vs! People (#==0"
Cacts. The accused was char'ed with
misappropriation of public funds. )urin' trial, he offered
to return the amount and pleaded that the same is
analo'ous to voluntar% surrender.
,eld. The return of the said amount cannot be
considered a miti'atin' circumstance analo'ous to
voluntar% surrender considerin' that it too/ petitioner
almost seven (;" %ears to return the amount. Petitioner
has not advanced a plausible reason wh% he could not
li9uidate his cash advance which was in his possession
for several %ears.
C*RC3)S"$NCES 0+*C+ $RE NE*"+ER
E?E)P"*N9 N'R )*"*9$"*N9
1. *ista/e in the blow or aberratio ictus, for
under Art. >, there is a comple- crime
committed. The penalt% is even hi'her.
#. *ista/e in the identit% of the victim, for under
Art. >, par. 1, the accused is criminall% liable
even if the wron' done is different from that
which is intended.
3. <ntrapment of the accused.
>. The accused is over 1 %ears of a'e. 6f the
offender is over 1 %ears old, his a'e is neither
e-emptin' nor miti'atin'.
!. Performance of ri'hteous action.
1. A66RA)ATIN6 CIRCUMSTANCES
U A''ravatin' circumstances are those which, if
attendant in the commission of the crime, serve to
increase the penalt% without, however, e-ceedin' the
ma-imum of the penalt% provided b% law for the offense.
U The% are based on the 'reater perversit% of the
offender manifested in the commission of the felon% as
shown b%.
a. motivatin' power itselfF
b. the place of commissionF
c. the means and wa%s emplo%edF
d. the timeF or
e. the personal circumstances of the
offender, or of the offended part%.
FOUR CINDS OF A66RA)ATIN6 CIRCUMSTANCES
1. 6ENERIC @ Those that can 'enerall% appl%
to all crimes. Nos. 1, #, 3 (dwellin'", >, !, 0, :, 1=, 1>,
1, 1:, and #= e-cept 5b% means of motor vehicles7.
#. SPECIFIC @ Those that appl% onl% to
particular crimes. Nos. 3 (e-cept dwellin'", 1!, 10, 1;
and #1.
3. BUALIFYIN6 MThose that chan'e the
nature of the crime. Art. #> enumerates the 9ualif%in'
AC which 9ualif% the /illin' of person to murder.
>. INHERENT @ Those that must accompan%
the commission of the crime.
6ENERIC AC BUALIFYIN6 AC
The effect of a 'eneric AC,
not offset b% an%
miti'atin' circumstance, is
to increase the penalt%
The effect of a 9ualif%in'
AC is not onl% to 'ive the
crime its proper and
e-clusive name but also to
which should be imposed
upon the accused to the
*AH6*3* P<R62).
place the author thereof in
such a situation as to
deserve no other penalt%
than that speciall%
prescribed b% law for said
crime.
A 'eneric a''ravatin'
circumstance ma% be
compensated b% a
miti'atin' circumstance.
A 9ualif%in' AC cannot be
offset b% a miti'atin'
circumstance.
Accordin' to the new rules, 'eneric and 9ualif%in'
a''ravatin' circumstances must be alle'ed in order to
be appreciated.
$99R$2$"*N9 C*RC3)S"$NCES 0+*C+ D' N'"
+$2E "+E E11EC" '1 *NCRE$S*N9 "+E PEN$L"5
AC 1" which in themselves constitute a crime
speciall% punishable b% law, or b" which are included b%
the law in definin' a crime and prescribin' the penalt%
therefore shall not be ta/en into account for the purpose
of increasin' the penalt% (Art. 0#, par. 1"
U AC which arise. a" from the moral attributes of the
offender or b" from his private relations with the
offended part%, or c" from an% other personal cause,
shall onl% serve to a''ravate the liabilit% of the
principals, accomplices, and accessories as to whom
such circumstances are attendant.
A#. 11. $ggravating circumstances! I The followin'
are a''ravatin' circumstances.
1. That advanta'e be ta/en b% the offender of
his public position.
#. That the crime be committed in contempt or
with insult to the public authorities.
3. That the act be committed with insult or in
disre'ard of the respect due the offended part% on
account of his ran/, a'e, or se-, or that is be committed
in the dwellin' of the offended part%, if the latter has not
'iven provocation.
>. That the act be committed with abuse of
confidence or obvious un'ratefulness.
!. That the crime be committed in the palace
of the Chief <-ecutive or in his presence, or where public
authorities are en'a'ed in the dischar'e of their duties,
or in a place dedicated to reli'ious worship.
0. That the crime be committed in the ni'ht
time, or in an uninhabited place, or b% a band, whenever
such circumstances ma% facilitate the commission of the
offense.
Ahenever more than three armed malefactors
shall have acted to'ether in the commission of an
offense, it shall be deemed to have been committed b% a
band.
;. That the crime be committed on the
occasion of a confla'ration, shipwrec/, earth9ua/e,
epidemic or other calamit% or misfortune.
. That the crime be committed with the aid of
armed men or persons who insure or afford impunit%.
:. That the accused is a recidivist.
A recidivist is one who, at the time of his trial
for one crime, shall have been previousl% convicted b%
final +ud'ment of another crime embraced in the same
title of this Code.
1=. That the offender has been previousl%
punished b% an offense to which the law attaches an
e9ual or 'reater penalt% or for two or more crimes to
which it attaches a li'hter penalt%.
11. That the crime be committed in
consideration of a price, reward, or promise.
/ viv Pa'e !3
#==>?#==!
1#. That the crime be committed b% means of
inundation, fire, poison, e-plosion, strandin' of a vessel
or international dama'e thereto, derailment of a
locomotive, or b% the use of an% other artifice involvin'
'reat waste and ruin.
13. That the act be committed with evidence
premeditation.
1>. That the craft, fraud or dis'uise be
emplo%ed.
1!. That advanta'e be ta/en of superior
stren'th, or means be emplo%ed to wea/en the defense.
10. That the act be committed with treacher%
(ale!osia".
There is treacher% when the offender commits
an% of the crimes a'ainst the person, emplo%in' means,
methods, or forms in the e-ecution thereof which tend
directl% and speciall% to insure its e-ecution, without ris/
to himself arisin' from the defense which the offended
part% mi'ht ma/e.
1;. That means be emplo%ed or circumstances
brou'ht about which add i'nomin% to the natural effects
of the act.
1. That the crime be committed after an
unlawful entr%.
1:. There is an unlawful entr% when an
entrance of a crime a wall, roof, floor, door, or window be
bro/en.
#=. That the crime be committed with the aid
of persons under fifteen %ears of a'e or b% means of
motor vehicles, motori4ed watercraft, airships, or other
similar means. (As amended b% RA !>3".
#1. That the wron' done in the commission of
the crime be deliberatel% au'mented b% causin' other
wron' not necessar% for its commissions.
P&o*%& +. Anon!o (.22.)
Facts: Oevin Paul, ; %r old son of the victim
$er'io was l%in' on the bed beside his father $er'io in
the bedroom when he heard a window bein' opened and
the sound of feet steppin' on the floor. Then someone
/ic/ed open the door to the bedroom. Oevin saw Ailson
Antonio carr%in' a shot'un. Ailson aimed his 'un at
$er'io who was asleep on the bed and fired hittin'
$er'io on the chest, shoulder and bac/. ,e was also hit
on his left thi'h. 6mmediatel% after firin' his 'un, Ailson
hurriedl% left the room. Ahen the police arrived, $er'io
was alread% dead. Ailson surrendered to the police
after eludin' arrest for more than 1 %r. The trial court
convicted him of murder 9ualified b% treacher% and
a''ravated b% the circumstance of evident
premeditation, dwellin' and unlawful entr%. The above
a'rravatin' circumstances were not alle'ed in the
6nformation.
Held: Pursuant to the #=== Revised Rules of
Criminal Procedure, ever% Complaint or 6nformation
must state not onl% the 9ualif%in' but also the
a''ravatin' circumstances. This rule ma% be 'iven
retroactive effect in the li'ht of the well?established rule
that statutes re'ulatin' the procedure of the courts will
be construed as applicable to actions pendin' and
undetermined at the time of their passa'e. The
a''ravatin' circumstances of evident premeditation,
dwellin' and unlawful entr%, not havin' been alle'ed in
the 6nformation, ma% not now be appreciated to
enhance the liabilit% of Ailson.
P&o*%& +. S"&%, (.22.)
Facts. (rothers <d'ar and Nerio $uela, and
<d'ardo (atocan sportin' s/i mas/s, bonnets and
'loves, brandishin' hand'uns and /nife bar'ed into the
room of )irector Rosas who was watchin' television
to'ether with his adopted son, Norman and his friend
1abilo. The% threatened Rosas, Norman and 1abilo to
'ive the location of their mone% and valuables, which
the% eventuall% too/. The% dra''ed 1abilo downstairs
with them. 3pon NerioBs instructions, (atocan stabbed
1abilo ! times which caused the latterBs death . The trial
court sentenced <d'ar, Nerio and (atocan to suffer the
penalt% of death appreciatin' the a''ravatin'
circumstance of dis'uise which was not alle'ed in the
6nformation a'ainst the three.
Held. Collowin' current Rules on Criminal
Procedure particularl% $ection : of the new Rule 11=,
and current +urisprudence, the a''ravatin' circumstance
of dis'uise cannot be appreciated a'ainst appellants.
6nasmuch as the same was not alle'ed in the
6nformation, the a''ravatin' circumstance of dis'uise
cannot now be appreciated to increase the penalt% to
death notwithstandin' the fact that the new rule
re9uirin' such alle'ation was promul'ated onl% after the
crime was committed and after the trial court has
alread% rendered its )ecision. 6t is a cardinal rule that
rules of criminal procedure are 'iven retroactive
application insofar as the% benefit the accused.
P&o*%& +. M&n4oF, (.222)
Facts: Anchito and *arianito passed b%
appellantMs house and as/ed for a drin/ from appellantMs
wife, <mil%. Anchito be'an tal/in' with <mil% and the%
were about > rms?len'th from *arianito when appellant
suddenl% appeared. Appellant hac/ed Anchito on the
nape, which prompted *arianito to flee out of fear for
his life. Anchito died in a /neelin' position with hac/
wounds at the bac/ of the nec/ and bod%. Appellant
voluntar% surrendere. The trial court ruled that voluntar%
surrender was Loffset b% the a''ravatin' circumstance
of treacher%.
Held. The trial court erred in rulin' that
voluntar% surrender was Loffset b% the a''ravatin'
circumstance of treacher%. Treacher% in the present case
is a 9ualif%in', not a 'eneric a''ravatin' circumstance.
6ts presence served to characteri4e the /illin' as
murderF it cannot at the same time be considered as a
'eneric a''ravatin' circumstance to warrant the
imposition of the ma-imum penalt%. Thus, it cannot
offset voluntar% surrender.
P,#. 1. = THAT MAD)ANTA6E BE TACEN BY THE
OFFENDER OF HIS PUBLIC POSITION.
The public officer must use the influence, presti'e or
ascendanc% which his office 'ives him as the means b%
which he reali4es his purpose. The essence of the matter
is presented in the in9uir%, 5did the accused abuse his
office in order to commit the crimeV7
U Ahen a public officer commits a common crime
independent of his official functions and does acts that
are not connected with the duties of his office, he should
be punished as a private individual without this AC.
U The mere fact that he was in fati'ue uniform and had
arm% rifle at the time is not sufficient to established that
he misused his public position in the commission of the
crimes (People v. Panto+a"
U <ven if defendant did not abuse his office, if it is
proven that he has failed in his duties as such public
/ viv Pa'e !>
#==>?#==!
officer, this circumstance would warrant the a''ravation
of his penalt%.
U Ta/in' advanta'e of public position, cannot be ta/en
into consideration in offenses where it is made b% law an
inte'ral element of the crime such as in malversation or
in falsification of documents committed b% public
officers.
P&o*%& +. C,*,%,$ (198.)
Facts: *a'aso stabbed *oises in a coc/pit. The
a''ressor attemptin' to escape was confronted b% #
brothers of *oises, 8esus (deceased" and appellant
*ario Capalac. *a'aso, seein' that he was cornered,
raised his hands as a si'n of surrender. The brothers
were not appeased. *ario proceeded to pistol?whip
*a'aso and after he had fallen, 8esus stabs him. The &C
convicted the accused of murder and too/ into
consideration the AC of ta/in' advanta'e of public office
because the accused is a police officer.
Held: 2n the AC that the accused used his
public position as a policeman, it was held that the mere
fact that he was a member of the police force was
insi'nificant to the attac/. ,e acted li/e a brother,
instinctivel%. ,e pistol?whipped the deceased because he
had a pistol with him. 6t came in hand% and so he acted
accordin'l%. That he was a policeman is of no relevance.
P&o*%& +. 6,*,s!n (1991)
Facts. 1apasin was a member of the Phil.
Constabular%. ,e was issued a mission order to
investi'ate a report re'ardin' the presence of
unidentified armed men in one barrio. ,e was informed
that a certain Calpito had an unlicensed firearm. ,e shot
Calpito with the use of an armalite after seein' the latter
wal/in' alon' the road. 1apasin was convicted of
murder.
Held. The accused too/ advanta'e of his public
position because as a member of the PC, he committed
the crime with an armalite which was issued to him
when he received his order.
P&o*%& +. )!%%,3o# (.22.)
Facts. (rothers 8err% and 8elord Jele4 were on
their wa% home on board a motorc%cle. 8err% was
drivin'. As the% neared a +unction, the% heard a
speedin' motorc%cle fast approachin' from behind. The
brothers i'nored the other motorc%cle, which cau'ht up
with them. As the% were about to cross the brid'e
leadin' to their home, 'unshots ran' out from behind
them. The% abruptl% turned the motorc%cle around
towards the direction of the 'unfire. The li'ht of their
motorc%cleMs headlamp fell on their attac/ers aboard the
second motorc%cle. The assailants fired at them a
second time and fled. 8err% saw P23 Jillamor and
*a'hilom on board the motorc%cle behind them.
*a'hilom was drivin' the motorc%cle while Jillamor was
holdin' a short 'un pointed at them. 8err% sustained
'unshot wounds but survived. 8elord, however, died on
the spot durin' the first 'unburst.
Held. There was no showin' that Jillamor too/
advanta'e of his bein' a policeman to shoot 8elord Jele4
or that he used his Linfluence, presti'e or ascendanc%L
in /illin' the victim. Jillamor could have shot Jele4 even
without bein' a policeman. 6n other words, if the
accused could have perpetrated the crime even without
occup%in' his position, there is no abuse of public
position. The Court cited the case of People v. ,errera,
where the Court emphaticall% said that the mere fact
that accused?appellant is a policeman and used his
'overnment issued .3 caliber revolver to /ill is not
sufficient to establish that he misused his public position
in the commission of the crime.
P,#. .. = THAT THE CRIME BE COMMITTED IN
CONTEMPT OR WITH INSULT TO THE PUBLIC
AUTHORITIES.
REBUISITESD
a. That the public authorit% is en'a'ed in the
e-ercise of his functions.
b. That he who is thus en'a'ed in the
e-ercise of his functions is not the person
a'ainst whom the crime is committed.
c. The offender /nows him to be a public
authorit%.
d. ,is presence has not prevented the
offender from committin' the criminal act.
PUBLIC AUTHORITY A PERSON IN AUTHORITY
A public officer who is directl% vested with
+urisdiction, that is, a public officer who has the power to
'overn and e-ecute the laws. The councilor, ma%or,
'overnor, baran'a% captain etc. are persons in authorit%.
A school teacher, town municipal health officer, a'ent of
the (6R, chief of police, etc. are now considered a
person in authorit%.
U Par. # is not applicable if committee din the presence
of an a'ent onl% such as a police officer.
A6ENT
A subordinate public officer char'ed with the
maintenance of public order and the protection and
securit% of life and propert%, such as barrio policemen,
councilmen, and an% person who comes to the aid of
persons in authorit%.
U The crime should not be committed a'ainst the public
authorit% or else it becomes direct assault.
U &ac/ of /nowled'e on the part of the offender that a
public authorit% is present indicates lac/ of intention to
insult the public authorit%.
P,#. @. ? THAT THE ACT BE COMMITTED (1) WITH
INSULT OR IN DISRE6ARD OF THE RESPECT DUE
THE OFFENDED PARTY ON ACCOUNT OF HIS (,)
RANC' (/) A6E' OR ($) SEG' OR (.) THAT IS BE
COMMITTED IN THE DWELLIN6 OF THE OFFENDED
PARTY' IF THE LATTER HAS NOT 6I)EN
PRO)OCATION.
U Cour circumstances are enumerated in this para'raph,
which can be considered sin'le or to'ether. 6f all the >
circumstances are present, the% have the wei'ht of one
a''ravatin' circumstance onl%.
U This circumstance (ran/, a'e or se-" ma% be ta/en
into account onl% in crimes a'ainst person or honor.
U There must be evidence that in the commission of the
crime, the accused deliberatel% intended to offend or
insult the se- or a'e of the offended part%.
(1) WITH INSULT OR IN DISRE6ARD OF
THE REPECT DUE THE OFFENDED PARTY ON
ACCOUNTD
/ viv Pa'e !!
#==>?#==!
@aA '1 "+E R$NB '1 "+E '11ENDED P$R"5
e-. An attempt upon the life of a 'eneral of the
Philippine Arm% is committed in disre'ard of his ran/.
(/) '1 "+E $9E '1 "+E '11ENDED P$R"5
e-. Ahen the a''ressor is >! %ears old and the
victim was an octo'enarian.
U 6t is not proper to consider disre'ard of old
a'e in crimes a'ainst propert%. Robber% with homicide is
primaril% a crime a'ainst propert%.
($) '1 "+E SE? '1 "+E '11ENDED P$R"5
U This refers to the female se-, not to the male
se- (Re%es"
U Oillin' a woman is not attended b% this AC if
the offender did not manifest an% specific insult or
disrespect towards her se-.
U THIS A66RA)ATIN6 CIRCUMSTANCE IS
NOT APPLICABLE TO THE FOLLOWIN6D
1. Ahen the offender acted with passion and
obfuscation.
#. Ahen there e-ists a relationship between the
offended part% and the offender.
3. Ahen the condition of bein' a woman is
indispensable in the commission of the crime
i.e. parricide, rape, etc.
U )isre'ard of se- absorbed in treacher%.

(.) THAT BE COMMITTED IN THE
DWELLIN6 OF THE OFFENDED PARTY
D0ELL*N9 @ (36&)6N1 2R $TR3CT3R<,
<HC&3$6J<&K 3$<) C2R R<$T AN) C2*C2RT.
U a 5combination house and store7 or a mar/et
stall where the victim slept is not a dwellin'.
U This is considered an AC primaril% because of
the sanctit% of privac%, the law accords to human abode.
Also, in certain cases, there is an abuse of confidence
which the offended part% reposed in the offender b%
openin' the door to him.
U The evidence must show clearl% that the
defendant entered the house of the deceased to attac/
him.
U The offended part% must not 'ive
provocation. 6f the provocation did not ta/e place in the
house, dwellin' ma% be considered as an AC.
U )wellin' is a''ravatin', even if the offender
did not enter the upper part of the house where the
victim was, but shot from under the house.
U <ven if the /illin' too/ place outside the
dwellin', it is a''ravatin' provided that the commission
of the crime was be'un in the dwellin'.
U )wellin' is a''ravatin' in abduction or ille'al
detention.
U 6t is not a''ravatin' where the deceased was
called down from his house and he was murdered in the
vicinit% of his house.
U )wellin' includes dependencies, the foot of
the staircase and the enclosure under the house. 6f the
deceased was onl% about to step on the first run' of the
ladder when he was assaulted, the AC of dwellin' will
not be applicable.
DWELLIN6 NOT APPLICABLED
1. Ahen both offender and offended part% are
occupants of the same house.
#. Ahen the robber% is committed b% the use of
force upon thin's, dwellin' is not a''ravatin' because
it is inherent to the crime.
3. 6n the crime of trespass to dwellin', it is also
inherent or included b% law in definin' the crime.
>. Ahen the owner of the dwellin' 'ave sufficient
and immediate provocation.
!. Ahen the dwellin' where the crime was
committed did not belon' to the offended part%.
0. Ahen the rape was committed in the 'round
floor of the #?store% structure, the lower floor bein'
used as a video rental store and not as a private place
of abode or residence.
U A victim raped in the boardin' house where she was a
bedspacer. ,er room constituted a 5dwellin'7.
U )wellin' ma% be temporary dwelling.
U Note. The Code spea/s of dwellin', not domicile.
U )wellin' is not a''ravatin' in adulter% when paramour
also lives in the con+u'al home.
U )wellin' is not included in treacher%.
P&o*%& +. Ro4!% (1981)
Facts: &t. *esana approached Rodil and
identifies himself as a PC officer. ,e as/ed Rodil whether
or not the 'un which the latter possessed had a license.
Rodil attempted to draw his 'un but was prevented b%
*esanaBs companions. Rodil was as/ed to si'n a
document attestin' to the confiscation of the 'un but he
refused. 6nstead, he drew a da''er and mana'ed to
stab *esana in the chest repeatedl%.
Held: The AC of disre'ard of ran/ should be
appreciated because it is obvious that *esana identified
himself as a PC officer to the accused who is merel% a
member of the Anti?$mu''lin' 3nit and therefore
inferior both in ran/ and social status to the victim.
P&o*%& +. D,n!&% (1978)
Facts: 13?%ear?old *ar'arita was at the bus
station when the accused, )aniel, started molestin' her,
as/in' her name and tr%in' to 'et her ba' to carr% it for
her. $he refused and as/ed the help of the conductor
and driver but the% did not help her. $he ran to the
+eepne% stop and rode the +eep. )aniel followed her to
the boardin' house and he raped her.
Held: Althou'h *ar'arita was merel% rentin' a
bedspace in a boardin' house, her room constituted for
all intents and purposes a 5dwellin'7 as the term is used
in Art. 1>(3" of the RPC. (e he a lessee, a boarder, or a
bedspacer, the place is his home the sanctit% of which
the law see/s to protect and uphold.
P&o*%& +. B,n&F (1999)
Facts: The accused was livin' with his parents.
,is sisters complained to their father that the accused
made trouble whenever he was drun/. The% wanted to
put up the accuse in another house. That ni'ht while
the% were discussin' the plans for the accused, while
their father went to his room, the accused, who loo/ed
drun/, ran to the /itchen and 'ot # /nives and then
stabbed the father. The father died.
Held. The AC of dwellin' cannot be considered
a''ravatin' where the accused and the victim were
livin' in the same house where the crime was
/ viv Pa'e !0
#==>?#==!
committed. The rationale for considerin' dwellin' an AC
is the violation b% the offender of the sanctit% of the
home of the victim b% trespassin' therein to commit the
crime. This reason is entirel% absent in this case.

P&o*%& +. L,*,F (1989)
Facts: <ulalia Cabuna', a ;=?%ear?old woman
who was livin' alone, was beaten to death b% 3 men.
Appellant (arleso, &apa4 and Cristoto a'reed to /ill
<ulalia because there was one incident when the victim
called (arleso a thief in front of man% people.
Held: The presence of treacher% is clear as
(arleso invited two companions to help him e-ecute his
plan to beat the victim to death with pieces of wood in
the middle of the ni'ht insurin' the /illin' of the victim
without ris/ to himself arisin' from the defense with the
offended part% mi'ht ma/e.
Ahile it ma% be true that ni'httime is absorbed
in the AC of treacher%, the AC of disre'ard of se- and
a'e cannot be similarl% absorbed. Treacher% refers to
the manner of the commission of the crime. )isre'ard of
se- and a'e pertains to the relationship of the victim,
who is a ;=?%ear old woman, and the appellant who is a
%oun' man, #; %ears old, at the time of the commission
of the offense.
P&o*%& +. T,/o-, (.22.)
Facts: Tabo'a entered the house of Tubon, a
widowed septua'enarian, robbed, stabbed and burned
be%ond reco'nition the latterBs house.
Held: Anent the circumstance of a'e, there
must be a showin' that the malefactor deliberatel%
intended to offend or insult the a'e of the victim.
Neither could disre'ard of respect due to se- be
appreciated if the offender did not manifest an%
intention to offend or disre'ard the se- of the victim. 6n
other words, /illin' a woman is not attended b% the
a''ravatin' circumstance if the offender did not
manifest an% specific insult or disrespect towards the
offended part%Ms se-. 6n the case at bar, there is
absolutel% no showin' that Tabo'a deliberatel% intended
to offend or insult the victim. ,owever, even if
disrespect or disre'ard of a'e or se- were not
appreciated, the four circumstances enumerated in
Article 1>, para'raph 3 of the Revised Penal Code, as
amended, can be considered sin'l% or to'ether.
P&o*%& +. D& M&s, (.221)
Facts: *otas, (aran'a% Chairman of (aran'a%
$ta. Cru4 Putol, $an Pablo Cit%, was shot b% )e *esa
while pla%in' a card 'ame with some townmates at a
nei'hborhood store resultin' to his death. The trial
court, in convictin' )e *esa for murder, appreciated the
a''ravatin' circumstance of commission of the crime in
contempt of or with assault to public authorities.
Held: The trial court also erred in appreciatin'
the a''ravatin' circumstance that the commission of the
crime was in contempt of or with assault to public
authorities. The re9uisites of this circumstance are. (1"
the public authorit% is en'a'ed in the dischar'e of his
duties and (#" he is not the person a'ainst whom the
crime is committed. None of these circumstances are
present in this case. 6n the first place, the crime was
committed a'ainst the baran'a% chairman himself. At
the time that he was /illed, he was not en'a'ed in the
dischar'e of his duties as he was in fact pla%in' a card
'ame with his nei'hbors.
P&o*%& +. Mon!no%, (S"*#,)
Facts: *ontinola boarded a passen'er +eepne%
driven b% ,ibinioda. Amon' the passen'ers was
Reteracion. All of a sudden, appellant drew his 'un, an
unlicensed firearm, .3= cal pistol and directed
Reteracion to hand over his mone% or else he would be
/illed. *ontinola aimed the firearm at the nec/ of
Reteracion and fired successive shots at the latter. As a
result Reteracion slumped dead. *ontinola was char'ed
with robber% with homicide and ille'al possession of
firearm.
Held: )6sre'ard of a'e, se- or ran/ is not
a''ravatin' in robber% with homicide, which is primaril%
a crime a'ainst propert%, as the homicide is re'arded as
merel% incidental to the robber%.
P&o*%& +. T,5o (.222)
Facts: Am% was tendin' a video rental shop
owned b% *arina. TaNo /ept 'oin' in and out of the shop
and on the last time he went inside said shop, he
suddenl% +umped over the counter, stran'led Am%,
po/ed a /nife at the left side of her nec/, pulled her
towards the /itchen where he forced her to undress, and
'ained carnal /nowled'e of her a'ainst her will and
consent. (efore the% could reach the upper floor, he
suddenl% pulled Am% down and started maulin' her until
she lost consciousnessF then he freel% ransac/ed the
place. &eavin' Am% for dead after repeatedl% ban'in'
her head, first on the wall, then on the toilet bowl, he
too/ her bracelet, rin' and wristwatch. ,e then
proceeded upstairs where he too/ as well the +ewelr%
bo- containin' other valuables belon'in' to his victimMs
emplo%er. The trial court appreciated dwellin' as an
a''ravatin' circumstance because the incident too/
place supposedl% at the residence of private
complainantMs emplo%er, Lwhich doubles as a video
rental shop.
Held: )wellin' cannot be appreciated as an
a''ravatin' circumstance in this case because the rape
was committed in the 'round floor of a two?stor%
structure, the lower floor bein' used as a video rental
store and not as a private place of abode or residence.
P&o*%& +. R!os (.222)
Facts: Rios hurled stones at the house of
Ambrocio and Anacita (enedicto. A few minutes later,
and while the (enedicto spouses were tendin' their
store, Rios bou'ht ci'arettes. Ambrocio confronted Rios
about the stonin' incident and an altercation ensued
between them. ,avin' heard the appellant shout at
Ambrocio, *esa intervened and re9uested the # to part
wa%s and escorted them to their respective residences.
A few minutes later, appellant went bac/ to the store.
Ambrocio went to the terrace of their house. Appellant
suddenl% approached Ambrocio and stabbed his ri'ht
stomach. *esa and his 'roup saw Anacita weepin' while
Ambrocio was l%in' lifeless in the terrace of their house.
Ambrocio died before he was brou'ht to the hospital.
The trial court appreciated the a''ravatin' circumstance
of dwellin'.
Held. The trial court correctl% appreciated the
a''ravatin' circumstance of dwellin' or morada in this
case. The word dwellin' includes ever% dependenc% of
the house that forms an inte'ral part thereof and
therefore it includes the staircase of the house and much
more, its terrace. Ahen a crime is committed in the
dwellin' of the offended part% and the latter has not
'iven provocation, dwellin' ma% be appreciated as an
a''ravatin' circumstance. 3# Provocation in the
a''ravatin' circumstance of dwellin' must be. (a" 'iven
b% the offended part%, (b" sufficient, and (c" immediate
to the commission of the crime.
/ viv Pa'e !;
#==>?#==!
P&o*%& +. A#!Fo/,% (.222)
Facts: Ari4obal and two others entered the
house of spouses Clementina and &aurencio 1imene4.
The% then ransac/ed the house and ordered &aurencio
to 'o with them to his son 8imm%Bs house. 3pon
reachin' the house of 8imm%, the% tied the latter and
one Crancisco also surnamed 1imene4. The% consumed
the food and ci'arettes 8imm%Bs wife <rlinda, was sellin'.
The% proceeded to ransac/ed the household in search of
valuables. Thereafter, <rlinda was ordered to produce
P1==,== in e-chan'e for 8imm%Bs life. <rlinda offered to
'ive a certificate of lar'e cattle but the document was
thrown bac/ at her. The 3 then dra''ed 8imm% outside
the house to'ether with &aurencio. 2ne of the culprits
returned and told <rlinda that 8imm% and &aurencio had
been /illed for tr%in' to escape. The trial court
appreciated the a''ravatin' circumstance of dwellin'.
Held: The trial court is correct in appreciatin'
dwellin' as an a''ravatin' circumstance. 1enerall%,
dwellin' is considered inherent in the crimes which can
onl% be committed in the abode of the victim, such as
trespass to dwellin' and robber% in an inhabited place.
,owever, in robber% with homicide the authors thereof
can commit the heinous crime without trans'ressin' the
sanctit% of the victimMs domicile. 6n the case at bar, the
robbers demonstrated an impudent disre'ard of the
inviolabilit% of the victimsM abode when the% forced their
wa% in, looted their houses, intimidated and coerced
their inhabitants into submission, disabled &aurencio and
8imm% b% t%in' their hands before dra''in' them out of
the house to be /illed.
P,#. 1. = THAT THE ACT BE COMMITTED WITH (1)
ABUSE OF CONFIDENCE OR (.) OB)IOUS
UN6RATEFULNESS.
(1) ABUSE OF CONFIDENCE
REBUISITESD
a. That the offended part% had trusted the offender.
b. That the offender abused such trust b%
committin' a crime a'ainst the offended part%.
c. That the abuse of confidence facilitated the
U The confidence between the offender and the offended
part% must be immediate and personal.
U 6t is inherent in malversation, 9ualified theft, estafa b%
conversion or misappropriation and 9ualified seduction.
(.) OB)IOUS UN6RATEFULNESS
U The un'ratefulness must be obvious @
manifest and clear.
P&o*%& +. M,n4o%,4o (198@)
Facts: *andolado and 2rtillano, with <rinada
and $imon are traineesDdraftees of the ACP. The% 'ot to
/now each other and had a drin/in' session at the bus
terminal. The accused was drun/. ,e 'ot his 'un and
started firin'. <rinada and $imon rode a +eep and tried
to escape from *andolado and 2rtillano but the two
eventuall% cau'ht up with them. The two accused shot
the victims to death.
Held: There is no AC of abuse of confidence. 6n
order that abuse of confidence be deemed as
a''ravatin', it is necessar% that 5there e-ists a relation
of trust and confidence between the accused and one
a'ainst whom the crime was committed and that the
accused made use of such a relationship to commit the
crime. 6t is also essential that the confidence between
the parties must be immediate and personal such as
would 'ive the accused some advanta'e to commit the
crime. 6t is obvious that the accused and the victims
onl% met for the first time so there is no personal or
immediate relationship upon which confidence mi'ht
rest between them.
P&o*%& +. A##oJ,4o (.221)
Facts: Arro+ado is the first cousin of the victim,
*ar% Ann and lived with her and her father. Arro+ado
helped care for the victimBs father for which he was paid
a P1,=== monthl% salar%. Arro+ado /illed *ar% Ann b%
stabbin' her with a /nife. Thereafter he claimed that the
latter committed suicide.
Held: The a''ravatin' circumstance of abuse
of confidence is present in this case. Cor this a''ravatin'
circumstance to e-ist, it is essential to show that the
confidence between the parties must be immediate and
personal such as would 'ive the accused some
advanta'e or ma/e it easier for him to commit the
criminal act. The confidence must be a means of
facilitatin' the commission of the crime, the culprit
ta/in' advanta'e of the offended part%Ms belief that the
former would not abuse said confidence.
P,#. (. = THAT THE CRIME BE COMMITTED IN THE
PALACE OF THE CHIEF EGECUTI)E OR IN HIS
PRESENCE' OR WHERE PUBLIC AUTHORITIES ARE
EN6A6ED IN THE DISCHAR6E OF THEIR DUTIES'
OR IN A PLACE DEDICATED TO RELI6IOUS
WORSHIP.
PLACE WHER PUBLIC
AUTHORITIES ARE
EN6A6ED IN THE
DISCHAR6E OF THEIR
DUTIES (*,#. ()
CONTEMPT OR INSULT
TO PUBLIC
AUTHORITIES
(*,#. .)
The public authorities are in the performance of their
duties.
The public authorities who
are in the performance of
their duties must be in
their office.
The public authorities are
performin' their duties
outside of their offices.
The public authorit% ma%
be the offended part%.
The public authorit% should
not be the offended part%.
U 6f it is the *alacaNan' palace or a church, it is
a''ravatin', re'ardless of whether $tate or official or
reli'ious functions are bein' held.
U The President need not be in the palace. ,is presence
alone in an% place where the crime is committed is
enou'h to constitute the AC. 6t also applies even if he is
not en'a'ed in the dischar'e of his duties in the place
where the crime was committed.
U (ut as re'ards the place where the public authorities
are en'a'ed in the dischar'e of their duties, there must
be some performance of public functions.
U Cemeteries are not places dedicated for reli'ious
worship.
U 2ffender must have the intention to commit a crime
when he entered the place.
/ viv Pa'e !
#==>?#==!
P,#. 0. = THAT THE CRIME BE COMMITTED (1) IN
THE NI6HT TIME' OR (.) IN AN UNINHABITED
PLACE' OR (@) BY A BAND' WHENE)ER SUCH
CIRCUMSTANCES MAY FACILITATE THE
COMMISSION OF THE OFFENSE.
WHENE)ER MORE THAN THREE ARMED
MALEFACTORS SHALL HA)E ACTED TO6ETHER IN
THE COMMISSION OF AN OFFENSE' IT SHALL BE
DEEMED TO HA)E BEEN COMMITTED BY A BAND.
U These 3 circumstances ma% be considered separatel%
when their elements are distinctl% perceived and can
subsist independentl%, revealin' a 'reater de'ree of
perversit%.
Nighttime& uninhabite place or ban is
aggravatingC
1. Ahen it facilitated the commission of the
crimeF or
#. Ahen especiall% sou'ht for b% the
offender to insure the commission of the crime or
for the purpose of impunit%F or
3. Ahen the offender too/ advanta'e thereof
for the purpose of impunit%.
@6A N*9+""*)E
? The commission of the crime must be'in and
be accomplished in the ni'httime.
? The offense must be actuall% committed in
the dar/ness of the ni'ht. Ahen the place is illuminated
b% li'ht, ni'httime is not a''ravatin'.
@7A 3N*N+$,*"ED PL$CE
? 2ne where there are no houses at all, a place
at a considerable distance from town, or where the
houses are scattered at a 'reat distance from each
other.
? TEST. A2N in the place of the commission of
the offense, there was a reasonable possibilit% of the
victim receivin' some help.
? The fact that persons occasionall% passed in
the uninhabited place and that on the ni'ht of the
murder another huntin' part% was not a 'reat distance
awa%, does not matter. 6t is the nature of the place
which is decisive.
? 6t must appear that the accused $231,T
T,< $2&6T3)< of the place where the crime was
committed, in order to better attain his purpose.
? The offenders must choose the place as an
aid either (1" to an eas% and uninterrupted
accomplishment of their criminal desi'ns or (#" to insure
concealment of the offense.
@8A ,$ND
? Ahenever more than 3 armed malefactors
shall have acted to'ether in the commission of an
offense, it shall be deemed to have been committed b% a
band.
? The armed men must act to'ether in the
? 6f one of the four armed persons is a principal
b% inducement, the% do not form a band.
? All the armed men, at least four in number,
must ta/e direct part in the e-ecution of the act
constitutin' the crime.
? Considered in crimes a'ainst propert% and
persons and not to crimes a'ainst chastit%.
? 6t is inherent in bri'anda'e.
P&o*%& +. 7os& (supraA
Facts: The *a''ie )ela Riva stor%. *a''ie was
on her was home, drivin' her car accompanied b% her
maid, when she was stopped b% another car boarded b%
> men. Accused Pineda pulled her out of the car and
forced her inside the assailantsB car. $he was brou'ht to
a hotel and there, the > raped her.
Held: $C found that there was committed
forcible abduction with rape. Aith rape as the more
serious crime, the penalt% to be imposed is the
ma-imum in accordance with Art. > of the RPC. Aith
this findin', the e-treme penalt% of death was imposed.
Ahile the $C found no necessit% of considerin' the ACBs,
the Court still considered the ACBs for the purpose of
determinin' the proper penalt% to be imposed in each of
the other 3 crimes of simple rape. The court claimed
that there was an AC of ni'httime because of appellants
have purposel% sou'ht such circumstance to facilitate
the commission of these crimes.
P&o*%& +. D&s,%!s, (1991)
Facts: *oved b% hatred and +ealous%, the
accused, armed with a sharp pointed instrument,
attac/ed and inflicted ph%sical in+uries on the va'ina of
his wife who was about ! months pre'nant. Thereafter,
the accused han'ed his wife to a +ac/fruit tree, causin'
her death and that of her fetus.
,e was found 'uilt% of the comple- crime of
parricide with unintentional abortion and was sentenced
to life imprisonment b% the &C.
Held: The AC of uninhabited place is present.
The uninhabitedness of a place is determined not b% the
distance of the nearest house to the scene of the crime
but whether or not in the place of the commission, there
was reasonable possibilit% of the victim receivin' some
help. Considerin' that the /illin' was done durin'
ni'httime and man% fruit trees obstruct the view of
nei'hbors and passersb%, there was no reasonable
possibilit% for the victim to receive an% assistance. The
couple lived on a small nipa house on a hill. There are #
other houses in the nei'hborhood which are 1!= meters
awa%F the house of NormaBs parents and house of
Carlito. These cannot, however, be seen from the
coupleBs house because of the man% fruit trees and
shrubs prevalent in the area.
6,3,#, +. ),%&#o (197@)
Facts: Petition for certiorari and prohibition was
filed impu'nin' the order of the +ud'e of the lower court
to forward the records of the case to the *ilitar%
Tribunal. This is claimed to be in accordance with
1eneral 2rders No. 1# that those involvin' crimes
a'ainst persons and propert% when committed b% a
s%ndicate or a band falls under the +urisdiction of the
*ilitar% Tribunal.
Held: Ahile the information char'es four
persons, it was not, however, shown that all of them
were armed when the% alle'edl% acted in concert in the
commission of the crime. Ahat is more, the supposed
participation of petitioner 1amara was that of principal
b% inducement, which undoubtedl% connotes that he had
no direct participation in the perpetration thereof.
P&o*%& +. S!%+, (.22.)
Facts: Accused armed with a 'un, a bolo, a
rope and a flashli'ht abducted brothers <dmund and
*anuel Ceriales while the two were pla%in' a 'ame of
cards inside their house in the middle of the ni'ht. The%
tied both their hands and feet with a rope and the%
brou'ht the brothers at an isolated place. <dmund was
/ viv Pa'e !:
#==>?#==!
stabbed and beheaded causin' his instantaneous death.
<dmund Ceriales was able to escape while the accused
were about to /ill his brother. The trial court appreciated
ni'httime as an a''ravatin' circumstance.
Held: (% and of itself, ni'httime is not an
a''ravatin' circumstance, however, it becomes
a''ravatin' onl% when. (1" it is especiall% sou'ht b% the
offenderF or (#" it is ta/en advanta'e of b% himF or (3" it
facilitates the commission of the crime b% ensurin' the
offenderMs immunit% from capture. 6n this case, the trial
court correctl% appreciated ni'httime as a''ravatin'
considerin' that ni'httime facilitated the abduction of
the Ceriales brothers, the /illin' of *anuel and the
attempt to /ill <dmund. <vidence shows that accused?
appellants too/ advanta'e of the dar/ness to
successfull% consummate their plans. The fact that the%
brou'ht with them a flashli'ht clearl% shows that the%
intended to commit the crime in dar/ness.
P&o*%& +. An$;&, (.221)
Facts: Appellant 3lep and his 'roup, robbed
Alfredo Roca of 3! sac/s of Pala% after /illin' his son, his
wife and his mother with their 'uns. Thereafter, the%
boarded their +eep and left.
Held: The offense was proven to have been
e-ecuted b% a band. A crime is committed b% a band
when at least four armed malefactors act to'ether in the
commission thereof. 6n this case, all si- accused were
armed with 'uns which the% used on their victims.
Clearl%, all the armed assailants too/ direct part in the
e-ecution of the robber% with homicide.
P&o*%& +. L!/#,n4o (.222)
Facts: <dwin and his dau'hter Aileen, and a
relative, Cernando, were traversin' a hill% portion of a
trail on their wa% home when the% met Raelito &ibrando,
&arr% and <ddie. <dwin was carr%in' a torch at that time
as it was alread% dar/. Raelito in9uired from <dwin the
whereabouts of Cernando and without an% warnin' hit
<dwin with a piece of wood. <ddie followed suit and
delivered another blow to <dwin. <dwin ran but he was
chased b% Raelito. Thereafter, the three men too/ turns
hittin' <dwin with pieces of wood until the latter fell and
died. The trial court considered ni'httime and
uninhabited place as +ust one a''ravatin' circumstance.
Held: The court did not err in considerin'
ni'httime and uninhabited place as +ust one a''ravatin'
circumstance. The court cited the case of People vs.
$antos where it has been held that if the a''ravatin'
circumstances of ni'httime, uninhabited place or band
concur in the commission of the crime, all will constitute
one a''ravatin' circumstance onl% as a 'eneral rule
althou'h the% can be considered separatel% if their
elements are distinctl% perceived and can subsist
independentl%, revealin' a 'reater de'ree of perversit%.
P,#. 7. = THAT THE CRIME BE COMMITTED ON THE
OCCASION OF A CONFLA6RATION' SHIPWRECC'
EARTHBUACE' EPIDEMIC OR OTHER CALAMITY OR
MISFORTUNE.
U The reason for the e-istence of this AC is found in the
debased form of criminalit% met in one who, in the midst
of a 'reat calamit%, instead of lendin' aid to the
afflicted, adds to their sufferin' b% ta/in' advanta'e of
their misfortune to despoil them.
U The offender must ta/e advanta'e of the calamit% or
misfortune.
U 52R 2T,<R CA&A*6TK 2R *6$C2RT3N<7 @ refers to
other conditions of distress similar to 5confla'ration,
shipwrec/, earth9ua/e or epidemic.7
P,#. 8. = THAT THE CRIME BE COMMITTED WITH
THE AID OF ARMED MEN OR PERSONS WHO
INSURE OR AFFORD IMPUNITY.
REBUISITESD
1. That the armed men or persons too/ part
in the commission of the crime, directl% or
indirectl%.
#. That the accused availed himself of their
aid or relied upon them when the crime was
committed.
U The armed men must ta/e part directl% or indirectl% in
the offense.
U This AC shall not be considered when both the
attac/in' part% and the part% attac/ed were e9uall%
armed.
U This AC is not present when the accused as well as
those who cooperated with him in the commission of the
crime, acted under the same plan and for the same
purpose.
WITH AID OF ARMED
MEN (*,#. 8)
BY A BAND
(*,#. 0)
Aid of armed men is
present even if one of the
offenders merel% relied on
their aid, for actual aid is
not necessar%.
*ore than 3 armed
malefactors that have
acted to'ether in the
commission of an offense.
U 6f there are > armed men, 5aid of armed men7 is
absorbed b% 5emplo%ment of a band7
U 5Aid of armed men7 includes 5armed women7
P,#. 9. = THAT THE ACCUSED IS A RECIDI)IST.
A#. 102. Commission of another crime durin' service of
penalt% imposed for another offenseF Penalt%. I (esides
the provisions of Rule ! of Article 0#, an% person who
shall commit a felon% after havin' been convicted b%
final +ud'ment, before be'innin' to serve such sentence,
or while servin' the same, shall be punished b% the
ma-imum period of the penalt% prescribed b% law for the
new felon%.
An% convict of the class referred to in this
article, who is not a habitual criminal, shall be pardoned
at the a'e of sevent% %ears if he shall have alread%
served out his ori'inal sentence, or when he shall
complete it after reachin' the said a'e, unless b% reason
of his conduct or other circumstances he shall not be
worth% of such clemenc%.
U A recidivist is one who, at the time of his trial for one
crime, shall have been previousl% convicted b% final
+ud'ment of another crime embraced in the same title of
the RPC.
REBUISITESD
a. That the offender is on trial for an offenseF
b. That he was previousl% convicted b% final
+ud'ment of another crimeF
/ viv Pa'e 0=
#==>?#==!
c. That both the first and the second
offenses are embraced in the same title of the
CodeF
d. That the offender is convicted of the new
offense.
U Ahat is controllin' is the time of trial, not the time of
U There is no recidivism if the subse9uent conviction is
for an offense committed before the offense involved in
the prior conviction.
U $ec. ; of Rule 1#= , Rules of Court, provides that a
+ud'ment in a criminal case becomes final
(1" after the lapse of the Wperiod for perfectin'
an appeal, or
(#" when the sentence has been partiall% or
totall% satisfied or served, or
(3" the defendant has e-pressl% waived in
writin' his ri'ht to appeal, or
(>" the accused has applied for probation.
U There is recidivism even if the lapse of time between
two felonies is more than 1= %ears. Recidivism must be
ta/en into account no mater how man% %ears have
intervened between the 1
st
and #
nd
felonies.
U Pardon does not obliterate the fact that the accused
was a recidivistF but amnest% e-tin'uishes the penalt%
and its effects.
P&o*%& +. Mo%!n, (.222)
Facts: (rothers 8oseph and An'elito, alon'
with their cousin, )ann% were on their wa% home when
the% heard somebod% shout 5/uba7, referrin' to 8oseph,
a hunchbac/. The% as/ed who said that but no one
admitted. As the 3 were about to 'o, *olina delivered a
stron' stabbin' blow at the bac/ of 8oseph. An'elito
came to aid his brother but *olina also stabbed him at
the bac/. 8oseph was dead on arrival at the clinic.
Held: To prove recidivism, it is necessar% to
alle'e the same in the information and to attach thereto
certified copies of the sentences rendered a'ainst the
accused. Nonetheless, the trial court ma% still 'ive such
AC credence if the accused does not ob+ect to the
presentation of evidence on the fact of recidivism.
6n the case at bar, the accused never voiced
out an% ob+ection when confronted with the fact of his
previous conviction for attempted homicide.
P,#. 12. = THAT THE OFFENDER HAS BEEN
PRE)IOUSLY PUNISHED BY AN OFFENSE TO
WHICH THE LAW ATTACHES AN EBUAL OR
6REATER PENALTY OR FOR TWO OR MORE CRIMES
TO WHICH IT ATTACHES A LI6HTER PENALTY.
A#. 0.! Effect of the attenance of
mitigating or aggravating circumstances an of
habitual elin-uency! I *iti'atin' or a''ravatin'
circumstances and habitual delin9uenc% shall be ta/en
into account for the purpose of diminishin' or increasin'
the penalt% in conformit% with the followin' rules.
!. ,abitual delin9uenc% shall have the
followin' effects.
(a" 3pon a third conviction the culprit shall be
sentenced to the penalt% provided b% law for the last
crime of which he be found 'uilt% and to the additional
penalt% of prision correccional in its medium and
ma-imum periodsF
(b" 3pon a fourth conviction, the culprit shall
be sentenced to the penalt% provided for the last crime
of which he be found 'uilt% and to the additional penalt%
of prision ma%or in its minimum and medium periodsF
and
(c" 3pon a fifth or additional conviction, the
culprit shall be sentenced to the penalt% provided for the
last crime of which he be found 'uilt% and to the
additional penalt% of prision ma%or in its ma-imum
period to reclusion temporal in its minimum period.
Notwithstandin' the provisions of this article, the total of
the two penalties to be imposed upon the offender, in
conformit% herewith, shall in no case e-ceed 3= %ears.
Cor the purpose of this article, a person shall
be deemed to be habitual delin9uent, is within a period
of ten %ears from the date of his release or last
conviction of the crimes of serious or less serious
ph%sical in+uries, robo# hurto, estafa or falsification, he is
found 'uilt% of an% of said crimes a third time or oftener.
REBUISITESD
a. That the accused is on trial for
an offenseF
b. That he previousl% served
sentence for another offense to which the law
attaches an e9ual or 'reater penalt%, or for # or
more crimes to which it attaches li'hter penalt%
han that for the new offenseF and
c. That he is convicted of the new
offense.
RE*"ER$C*'N/
HABITUALITY
RECIDI)ISM
6t is necessar% that the
offender shall have served
out his sentence for the
first offense.
6t is enou'h that a final
+ud'ment has been
rendered in the first
offense.
The previous and
subse9uent offenses must
not be embraced in the
same title of the Code.
6t is the re9uirement that
the offenses be included in
the same title of the Code.
Reiteracion is not alwa%s
an a''ravatin'
circumstance.
Recidivism is not alwa%s to
be ta/en into consideration
in fi-in' the penalt% to be
imposed upon the
accused.
FOUR FORMS OR REPETITIOND
1. RECIDI)ISM
.. RE*"ER$C"*'N OR HABITUALITY
@. MULTI=RECIDI)ISM OR HABITUAL
DELINBUENCY
? 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 'uilt% of
an% of said crimes a third time or oftener. 6n habitual
delin9uenc%, the offender is either a recidivist or one
who has been previousl% punished for two or more
offenses (habitualit%". ,e shall suffer an additional
penalt% for bein' a habitual delin9uent.
1. BUASI=RECIDI)ISM
? An% person who shall commit a felon% after
havin' been convicted b% final +ud'ment, before
be'innin' to serve such sentence or while servin' the
/ viv Pa'e 01
#==>?#==!
same, shall be punished b% the ma-imum period of the
penalt% prescribed b% law for the new felon%.
P&o*%& +. 6,o#,n, (1998)
Facts: *arivel, upon instruction of Rowena
(common?law wife of the accused" went to the house of
1aorana and saw the couple l%in' down. *arivel was
as/ed to come it and Rowena stood up to urinate.
1aorana covered her mouth and pointed a huntin' /nife
to her nec/ and raped her. The second incident of rape
occurred while *arivel was sleepin' in the sala with her
brother and sister. *arivel did not shout because she
was afraid of the accused who was a prisoner and had
alread% /illed somebod%.
Held: The # 6nformation alle'ed that both
instances of rape were attended b% the a''ravatin'
circumstance of 9uasi?recidivism. The TC made no
e-press rulin' that the appellant was a 9uasi?recidivist,
and ri'htl% so. )urin' the trial, the prosecution
manifested that appellant had been convicted b% the
RTC and was servin' sentence for the crime of homicide.
,owever, the prosecution failed or ne'lected to present
in evidence the record of appellantBs previous conviction.
Quasi?recidivism, li/e recidivism and reiteracion,
necessitates the presentation of a certified cop% of the
sentence convictin' an accused. The fact that appellant
was an inmate of )AP<C2& does not prove that final
+ud'ment had been rendered a'ainst him.
P&o*%& +. )!%%,*,n4o (1989)
Facts: The accused was char'ed before the
RTC with the crimes of murder and of attempted
homicide.
Held: The court does not a'ree that reiteracion
or habitualit% should be appreciated in this case. The
appellant was found b% the trial court to have committed
offenses prior to and after the incident of 8an. 1>, 1:;:.
6n habitualit%, it is essential that the offender be
previousl% punished, that is, he has served the
sentence, for an offense in which the law attaches, or
provides for an e9ual or 'reater penalt% than that
attached b% law to the second offense, or for two or ore
offenses, in which the law attaches a li'hter penalt%.
,ere, the records do not disclose that the appellant has
been previousl% punished b% an offense to which the law
attaches an e9ual or 'reater or penalt% or for two or
more crimes to which it attaches a li'hter penalt%.
P&o*%& +. Mo%!n, (.222)
Facts: (rothers 8oseph and An'elito, alon'
with their cousin, )ann% were on their wa% home when
the% heard somebod% shout 5/uba7, referrin' to 8oseph,
a hunchbac/. The% as/ed who said that but no one
admitted. As the 3 were about to 'o, *olina delivered a
stron' stabbin' blow at the bac/ of 8oseph. An'elito
came to aid his brother but *olina also stabbed him at
the bac/. 8oseph was dead on arrival at the clinic.
Held: To prove recidivism, it is necessar% to
alle'e the same in the information and to attach thereto
certified copies of the sentences rendered a'ainst the
accused. Nonetheless, the trial court ma% still 'ive such
AC credence if the accused does not ob+ect to the
presentation of evidence on the fact of recidivism.
6n the case at bar, the accused never voiced
out an% ob+ection when confronted with the fact of his
previous conviction for attempted homicide.
P&o*%& +. D,$!%%o (.221)
Facts: Pacot stabbed and stran'led Rosemarie
leadin' to the latters death. )acillo for his part, hold
down RosemarieBs le's to prevent her from stru''lin'.
The two men stopped onl% when the% were sure that the
victim was alread% dead. )acillo then encase her corpse
in a cement. The trial court imposed the death penalt%
on the 'round that )acillo admitted durin' re?cross
e-amination that he had a prior conviction for the death
of his former live?in partner. The fact that )acillo was a
recidivist was appreciated b% the trial court as a 'eneric
a''ravatin' circumstance which increased the imposable
penalt% from reclusion perpetua to death
Held: The a''ravatin' circumstance of
recidivism was not alle'ed in the information and
therefore cannot be appreciated a'ainst appellant.
6n order to appreciate recidivism as an
a''ravatin' circumstance, it is necessar% to alle'e it in
the information and to attach certified true copies of the
sentences previousl% meted out to the accused. #0 This
is in accord with Rule 11=, $ection of the Revised
Rules of Criminal Procedure which states. $<C. .
)esi'nation of the offense. I The complaint or
information shall state the desi'nation of the offense
'iven b% the statute, aver the acts or omissions
constitutin' the offense, and specif% its 9ualif%in' and
a''ravatin' circumstances. 6f there is no desi'nation of
the offense, reference shall be made to the section or
subsection of the statute punishin' it.
P&o*%& +. C,J,#, (.222)
Facts: Accused Ca+ara raped 10?%ear old *arita
in front of his common?law wife who is the half?sister of
the victim and his two small children. The trial court
convicted him as char'ed and sentenced him to death.
Held. The records show that the crime was
a''ravated b% reiteracion under Art. 1>, par. 1=, of The
Revised Penal Code, the accused havin' been convicted
of frustrated murder in 1:;! and of homicide, frustrated
homicide, trespass to dwellin', ille'al possession of
firearms and murder sometime in 1:: where his
sentences were later commuted to imprisonment for #3
%ears and a fine of P#==,===.==. ,e was 'ranted
conditional pardon b% the President of the Philippines on
November 1::1. Reiteracion or habitualit% under Art.
1>, par. 1=, herein cited, is present when the accused
has been previousl% punished for an offense to which
the law attaches an e9ual or 'reater penalt% than that
attached b% law to the second offense or for two or more
offenses to which it attaches a li'hter penalt%. As
alread% discussed, herein accused can be convicted onl%
of simple rape and the imposable penalt% therefor is
reclusion perpetua. Ahere the law prescribes a sin'le
indivisible penalt%, it shall be applied re'ardless of the
miti'atin' or a''ravatin' circumstances attendant to the
crime, such as in the instant case.
P,#. 11. = THAT THE CRIME BE COMMITTED IN
CONSIDERATION OF A PRICE' REWARD' OR
PROMISE.
R Ahen this AC is present, there must be # or more
principals, the one who 'ives or offers the price or
promise and the one who accepts it, both of whom are
principals @ to the former, because he directl% induces
the latter to commit the crime, and the latter because
he commits it.
R Ahen this AC is present, it affects not onl% the person
who received the price or reward, but also the person
who 'ave it.
/ viv Pa'e 0#
#==>?#==!
R The evidence must show that one of the accused used
mone% or other valuable consideration for the purpose of
inducin' another to perform the deed.
P,#. 1.. = THAT THE CRIME BE COMMITTED BY
MEANS OF INUNDATION' FIRE' POISON'
EGPLOSION' STRANDIN6 OF A )ESSEL OR
INTERNATIONAL DAMA6E THERETO' DERAILMENT
OF A LOCOMOTI)E' OR BY THE USE OF ANY OTHER
ARTIFICE IN)OL)IN6 6REAT WASTE AND RUIN.
R 3nless used b% the offender as a means to accomplish
a criminal purpose, an% of the circumstances in
para'raph 1# cannot be considered to increase the
penalt% or to chan'e the nature of the offense.
R Ahen another AC alread% 9ualifies the crime, an% of
these ACBs shall be considered as 'eneric a''ravatin'
circumstance onl%.
R Ahen the crime intended to be committed is arson and
somebod% dies as a result thereof, the crime is simpl%
arson and the act resultin' in the death of that person is
not even an independent crime of homicide, it bein'
absorbed.
R The /illin' of the victim b% means of such
circumstances as inundation, fire, poison or e-plosion
9ualifies the offense to murder.
R 6t will be noted that each of the circumstances of
5fire7, 5e-plosion,7 and 5derailment of a locomotive7 ma%
be a part of the definition of particular crime, such as,
arson, crime involvin' destruction, and dama'es and
obstruction to means of communication.
6n these cases, the% do not serve to increase
the penalt%, because the% are alread% included b% the
law in definin' the crimes.
P,#. 1@. = THAT THE ACT BE COMMITTED WITH
E)IDENCE PREMEDITATION.
R <vident premeditation implies a deliberate plannin' of
the act before e-ecutin' it.
R The essence of premeditation is that the e-ecution of
the criminal act must be preceded b% cool thou'ht and
reflection upon the resolution to carr% out the criminal
intent durin' the space of time sufficient to arrive at a
calm +ud'ment.
R <vident premeditation ma% not be appreciated absent
an% proof as to how and when the plan was hatched or
what time elapsed before it was carried out.
REBUISITIESD
1. The time when the offender
determined to commit the crimeF
#. An act manifestl% indicatin' that
the culprit has clun' to his determinationF and
? Ahen the crime was carefull% planned b% the
offendersF
? Ahen the offenders previousl% prepared the
means which the% considered ade9uate to
carr% it out.
3. A sufficient lapse of time
between the determination and e-ecution, to
allow him to reflect upon the conse9uences of his
act and to allow is conscience to overcome the
resolution of his will.
? The offender must have an opportunit% to
cooll% and serenel% thin/ and deliberate on the
meanin' and the conse9uences of what he
planned to do, an interval lon' enou'h for his
conscience and better +ud'ment to overcome
his evil desire and scheme.
R Conspirac% 'enerall% presupposes premeditation.
R <vident premeditation, while inherent in robber%, ma%
be a''ravatin' in robber% with homicide if the
premeditation included the /illin' of the victim.
P&o*%& +. B!/, (1998)
Facts: At around 1.3= pm, (ibat stabbed to
death one &lo%d del Rosario as the latter was on his wa%
to school waitin' for a ride. The suspect fled while the
victim was brou'ht to the hospital where he was
pronounced dead on arrival. A witness testified that the
accused and several others often met in RoblesB house.
6n one of their meetin's, the accused and his
companions hid some 'uns and 5tuso/7 in the house.
Also, other witnesses saw the accused at around 11.3=
am with some companions and heard the plan to /ill
someone.
Held: There is evident premeditation
determination because the 3 re9uisites are present.
There was evident premeditation where # hours had
elapsed from the time the accused clun' to his
determination to /ill the victim up to the actual
perpetration of the crime.
P&o*%& +. L"-=,9 (1991)
Facts: Pal?lo% was fencin' the boundar% limits
of the land he was famin' when his dau'hter, $onia,
heard a shot. 6mmediatel%, she went uphill and +ust as a
second 'un shot resounded, she saw (anna% and &u'?
aw from a distance and that her father was bout to draw
his bolo when &u'?aw shot him.
Held: The $C ruled that there was no evident
premeditation because no one witnessed the initial
attac/. As $onia herself testified, she heard the first
whot, went up a hill, climbed a tree and from ther, saw
&u'?aw shootin' her father with the shot reverberatin'
as the second 'un report. Ahat she did see was her
father tr%in' to repel the assault with a bolo but he
failed because a second shot hit him. The records are
bereft of evidence that the crime was committed with
evident premeditation.
P&o*%& +. C,3!%& (1980)
Facts: After a pra%er meetin' was held at the
place of the victim, a deaf?mute bo% arrived cr%in' and
while ma/in' si'nals, was able to conve% that he was
stran'led and span/ed. Accompanied b% some of his
'uests, the victim proceeded to 'o to the place where
the bo% said he was accosted. Nearin' the place, the
victim was suddenl% stabbed b% the accused in the
stomach with a lon' /nife.
Held: <vident premeditation was not
established b% the prosecution. Althou'h the facts tend
to show that Camilet mi'ht have harbored ill?feelin's
towards the Camanchos after the% too/ a portion of the
land he was farmin' and, as he himself stated to the
police, the% also too/ the produce from his cornfield,
there is no proof that Camilet conceived of /illin' the
victim. 6ndeed, there is no evidence of 1" the time when
he determined to commit the crime, #" an act manifestl%
indicatin' that he has clun' to his determination and
e-ecution to allow him to reflect upon the conse9uences
of his act and to allow his conscience to overcome the
/ viv Pa'e 03
#==>?#==!
resolution of his will had he desired to hear/en to its
warnin's.
P&o*%& +. I%,o, (1991)
Facts: The ! accused were char'ed for the
'ruesome murder of Nestor de &o%ola. The conviction
was based on the followin' circumstances. a" The
deceased was seen on the ni'ht before the /illin' in a
drin/in' session with some of the accusedF #" The
drun/en voices accused Ruben and Nestor were later
heard and Nestor was then seen bein' /ic/ed and
mauled b% the ! accusedF 3" some of the accused
borrowed the tric%cle of Ale- at about # a.m.F >" blood
was found in RubenBs shirt.
Held: <vident premeditation cannot be
considered. There is nothin' in the records to show that
appellant, prior to the ni'ht in 9uestion, resolved to /ill
Nestor, nor is there proof to show that such /illin' was
the result of meditation, calculation or resolution on his
part. 2n the contrar%, the evidence tends to show that
the series of circumstances which culminated in the
/illin' constitutes an unbro/en chain of events with no
interval of time separatin' them for calculation and
meditation.
P&o*%& +. Mon4!J,# (.22.)
Facts:. 6n a previous incident, Aplacador had
stabbed *ondi+ar, his father in law on the /nee. A month
after, *ondii+ar stabbed and hac/ed his son?in?law with
the use of a sharp and pointed bolo which resulted to his
death.
Held: There was no evident premeditation. Cor
the circumstance of evident premeditation to be
appreciated, the prosecution must present clear and
positive evidence of the plannin' and preparation
underta/en b% the offender prior to the commission of
the crime. $ettled is the rule that evident premeditation,
li/e an% other circumstance that 9ualifies a /illin' to
murder, must be established be%ond reasonable doubt
as conclusivel% and indubitabl% as the /illin' itself. 6n the
present case, no evidence was presented b% the
prosecution as to when and how appellant planned and
prepared for the /illin' of the victim. There is no
showin' of an% notorious act evidencin' a determination
to commit the crime which could prove appellantMs
criminal intent.
P&o*%& +. To#*!o (s"*#,)
Facts: Ahile havin' a drin/in' spree in a
cotta'e, Anthon% tried to let )ennis Torpio drin/ 'in
and as the latter refused, Anthon% bathed )ennis with
'in and mauled him several times. )ennis crawled
beneath the table and Anthon% tried to stab him with a
## fan /nife but did not hit him. )ennis 'ot up and ran
towards their home. 3pon reachin' home, he 'ot a
/nife. ,e went bac/ to the cotta'e b% another route
and upon arrival Anthon% was still there. 3pon seein'
)ennis, Anthon% avoided )ennis and ran b% passin' the
shore towards the cree/ but )ennis met him, bloc/ed
him and stabbed him. Ahen he was hit, Anthon% ran
but 'ot entan'led with a fishin' net beside the cree/
and fell on his bac/. )ennis then mounted on him and
continued stabbin' him resultin' to the latters death.
Thereafter, )ennis left and slept at a 'rass% meadow
near a Camp. 6n the mornin', he went to <strera, a
police officer to whom he voluntaril% surrendered.
Held: No evident premeditation e-ist in this
case. There was no sufficient interre'num from the
time )ennis was stabbed b% the victim, when )ennis
fled to their house and his armin' himself with a /nife,
and when he stabbed the victim. 6n a case of fairl%
recent vinta'e, it was ruled that there is no evident
premeditation when the fracas was the result, not of a
deliberate plan but of risin' tempers, or when the
attac/ was made in the heat of an'er.
P&o*%& +. B&#n,% (.22.)
Facts: Appellant, Cernando, Celi-, Re% all
surnamed (ernal and the victim Pedrito went to a
pubhouse. Pedrito, Re% and appellant went inside while
Cernando and Celi- waited outside. Cernando later went
inside and saw the three in a sleepin' position. Cernando
then as/ed Celi- to start the tric%cle as the% would brin'
home the three. ,e first brou'ht Pedrito out of the pub
and had him seated at the passen'ers seat inside the
tric%cle. Cernado then 'ot appellant who was roused
when the% reached the tric%cle. Ahile Cernado was
fetchin' Re%, accused positioned himself at the bac/ of
Pedrito who was still asleep and dischar'ed his firearm
twice hittin' the latter on the head.
Held: The Court ruled that there was no
evidence directl% showin' an% pre?conceived plan or
devise emplo%ed b% accused?appellant to /ill the victim.
Accused?appellant did not 'o to (aran'a% )an'dan'la,
(an'ued to /ill the victim but to attend to some
important matters. Accused?appellant was +ust invited
b% his relatives, whom he had not seen for a while after
he chan'ed residence, to have a drin/in' spree. The
probabilit% is that the decision to shoot the victim was
made onl% ri'ht there and then. This should at least cast
reasonable doubt on the e-istence of a premeditated
plan to /ill the victim. Curther, the mere e-istence of ill?
feelin' or 'rud'e between the parties is not sufficient to
establish premeditated /illin'. ,ence, it would be
erroneous to declare that the /illin' of the victim was
premeditated.
P&o*%& +. B!so (.22@)
Facts: )ario, a blac/ belt in /arate, entered an
eater%, seated himself beside Teresita and made se-ual
advances to her in the presence of her brother, <duardo.
<duardo contacted his cousin, (iso, an e-?convict and a
/nown tou'hie in the area, and related to him what
)ario had done to Teresita. <duardo and Pio, and #
others decided to confront )ario. The% positioned
themselves in the alle% near the house of )ario. Ahen
)ario arrived on board a ta-icab, the four assaulted
)ario. <duardo held, with his ri'ht hand, the wrist of
)ario and covered the mouth of )ario with his left hand.
The # others held )arioMs ri'ht hand and hair. Pio then
stabbed )ario near the breast with a fan /nife. <duardo
stabbed )ario and fled with his three companions from
the scene.
Held: There was no evident premeditation. The
prosecution failed to prove that the four intended to /ill
)ario and if the% did intend to /ill him, the prosecution
failed to prove how the malefactors intended to
consummate the crime. <-cept for the fact that the
appellant and his three companions waited in an alle%
for )ario to return to his house, the prosecution failed to
prove an% overt acts on the part of the appellant and his
cohorts showin' that that the% had clun' to an% plan to
/ill the victim.
P,#. 11. = THAT THE CRAFT' FRAUD OR DIS6UISE
BE EMPLOYED.
CR$1" @ involves intellectual tric/er% and cunnin' on
the part of the accused. 6t is emplo%ed as a scheme in
the e-ecution of the crime.
/ viv Pa'e 0>
#==>?#==!
e.-. Ahere the defendants pretended to be
constabular% soldiers to 'ain entr% into the place of the
victims.
The act of the accused in pretendin' to be
bona fide passen'ers of the ta-icab driven b% the
deceased, when the% were not so in fact, in order not to
arouse his suspicion, and then /illin' him, constituted
craft.
R Ahere craft parta/es of an element of the offense, the
same ma% not be appreciated independentl% for the
purpose of a''ravation.
1R$3D @ insidious words or machinations used to
induce the victim to act in a manner which would enable
the offender to carr% out his desi'n.
e.-. To enter the house, one of the accused
shouted from the outside that the% wanted to bu%
ci'arettes.
R There is a hairline distinction between craft and fraud.
R )6$T6NCT62N. Ahen there is a )6R<CT 6N)3C<*<NT
b% insidious words or machinations, fraud is presentF
otherwise, the act of the accused done in order N2T T2
AR23$< T,< $3$P6C62N of the victim constitutes craft.
D*S93*SE @ resortin' to an% device to conceal identit%.
e-. Aearin' of mas/s
R The purpose of the offender in usin' an% device must
be to conceal his identit%.
P&o*%& +. M,#<"&F (198.)
Facts: Crancisca was in their house to'ether
with her children and main when somebod% called in
front of their window who identified themselves as PC
soldiers loo/in' for contraband. The men ordered her to
open up otherwise the% will shoot up their house. Then
accused *ar9ue4 went inside to'ether with other armed
companions. The% too/ some of their belon'in's and
one of them even raped Crancisca, &eticia (dau'hter of
Crancisca" and Rufina (maid".
Held: The followin' ACBs were proved a"
ni'httimeF #" unlawful entr%F 3" dwellin' of the offended
partiesF >" dis'uise, that is b% pretendin' to be PC
officersF and !" b% utter disre'ard due to victimsB a'e
and se-.
P&o*%& +. E3*,$!s (199@)
Facts: <mpacis et al. held?up the store of Cidel
and his wife. As Cidel was about to 'ive the mone%, he
decided to fi'ht. ,e was stabbed several times which
resulted to his death. <mpacis was stabbed b% the son
of Cidel. Ahen he went to a clinic for treatment, he was
arrested.
Held: &an'omes and <mpacis pretended to be
bona fide customers of the victimBs store and on this
prete-t 'ained entr% into the latterBs store and into
another part of his dwellin'. Thus, there AC of craft was
ta/en into consideration.
P&o*%& +. L,/"-"&n (.222)
Facts: 3nder the prete-t of sellin' 3 cows to
the victim, &abu'uen convinced the victim to see the
cows and brin' P>=,=== with him. The two rode on the
victiimBs motorc%cle and &abu'uen lured him to where
he could divest the victim of his mone% with the least
dan'er of bein' cau'ht. ,e then boarded a bus leavin'
the motorc%cle of the victim on the side of the road. The
victimBs dead bod% was found on the middle of a rice
field, != meters from the service drop of an irri'ation
canal.
Held. The 'eneric a''ravatin' circumstances
of fraud and craft is present in this case. Craft involves
intellectual tric/er% and cunnin' on the part of the
offender. Ahen there is a direct inducement b% insidious
words or machinations, fraud is present. (% sa%in' that
he would accompan% the victim to see the cows which
the latter intended to bu%, appellant was able to lure the
victim to 'o with him.
P,#. 1(. = THAT (1) AD)ANTA6E BE TACEN OF
SUPERIOR STREN6TH' OR (.) MEANS BE
EMPLOYED TO WEACEN THE DEFENSE.
(1) SUPERIOR STREN6TH
R To TAO< A)JANTA1< of superior stren'th
means to use purposel% e-cessive force out of
proportion to the means of defense available to the
person attac/ed.
R 2ne who attac/s another with passion and
obfuscation dos not ta/e advanta'e of his superior
stren'th.
R An attac/ made b% a man with a deadl%
weapon upon an unarmed and defenseless woman
constitutes the circumstance of abuse of that superiorit%
which his $<H and the A<AP2N used in the act afforded
him, and from which the woman was unable to defend
herself.
R No abuse of superior stren'th in parricide
a'ainst the wife because it is inherent in the crime. 6t is
'enerall% accepted that the husband is ph%sicall%
stron'er than the wife.
R There must be evidence that the accused was
ph%sicall% stron'er and that the% abused such
superiorit%. The mere fact of there bein' a superiorit% in
numbers is not sufficient to brin' the case within the
a''ravatin' circumstance.
R There is abuse of superior stren'th when
weapon used is out of proportion to the defense
available to the offended part%.
R Abuse of superior stren'th is absorbed in
treacher%.
R Abuse of superior stren'th is a''ravatin' in
coercion and forcible abduction, when 'reatl% in e-cess
of that re9uired to commit the offense.
BY A BAND ABUSE OF SUPERIOR
STREN6TH
Ahen the offense is
committed b% more than 3
armed malefactors
re'ardless of the
comparative stren'th of
the victim.
The 'ravamen of abuse of
superiorit% is the ta/in'
advanta'e b% the culprits
of their collective stren'th
to overpower their wea/er
victims.

(.) MEANS EMPLOYED TO WEACEN DEFENSE
R This circumstance is applicable onl% to
crimes a'ainst persons and sometimes a'ainst person
and propert%, such as robber% with ph%sical in+uries or
homicide.
R This AC is absorbed in treacher%.
R <-. 2ne who, while fi'htin' with another,
suddenl% casts sand or dirt upon the latterBs e%es and
/ viv Pa'e 0!
#==>?#==!
then wound or /ills him, evidentl% emplo%s means which
wea/en the defense of his opponent.
P&o*%& +. C,/,o (1988)
Facts: The accused with # other men who are
still at lar'e, armed with firearms and stones and usin'
face mas/s, entered the dwellin' of the victim. The%
held the victim ti'ht as well as the wife, who was able to
scratch the face of the mas/ed man, as a result was able
to identif% the accused. Not satisfied with the mone%
'iven b% the couple, the two un/nown robbers hit the
victim with stone at the bac/ of his head and the
accused did the same to the wife which caused her
death. The prosecution ar'ued that since the attac/ was
b% a robust man of #: %ears with a hu'e stone a'ainst
an a'ein' defenseless human, abuse of superior
stren'th should a''ravate the crime.
Held. The prosecution failed to prove that
there was indeed a notorious ine9ualit% between the
a'es, si4es and stren'th of the anta'onists and that
these notorious advanta'es were purposel% sou'ht for
or used b% the accused to achieve his ends.
P&o*%& +. R"&%,n (1991)
Facts: Ruelan (#= %rs old" was hired b% the
spouses Ricardo and Rosa (;0 %rs old" to help them sell
and deliver rice to their customers. 2ne da%, Rosa as/ed
Ruelan to accompan% her, in openin' their store in the
public mar/etF she also ordered him to brin' a sac/ and
an a-e. Ahen the% were about to leave the premises,
the house do' 'ot loose and went towards the street.
Rosa 'ot an'r% and scolded Ruelan. Ruelan pleaded her
to stop but Rosa did not so Ruelan struc/ her behind her
ri'ht ear, causin' her to fall face down. ,e left her to a
'rass% portion beside the street and fled. ,e
surrendered to the police after # da%s.
Held: Althou'h abuse of superior stren'th was
proven since Ruelan was onl% #= %ears old whereas his
victim was ;0 %ears old alread%, this was not pleaded in
the information, hence, it shall onl% be considered as a
'eneric circumstance in the imposition of the correct
penalt%.
P&o*%& +. P,4!%%, (1991)
Facts: Pat. 2me'a was on dut% when 2ntuca
approached him as/in' for help claimin' he was bein'
maltreated b% stran'ers. The% proceeded to the place
where the% saw 3 men and a woman. An ar'ument
ensued between 2ntuca and the 3 men, one of which
was $'t. Padilla. 2me'a left but returned when he saw
that the 3 men were 'an'in' up on 2ntuca. The latter
was stripped of his service revolver. 2ntuca was pursued
b% Padilla. The former, with onl% a piece of pl%wood as a
defense, was shot b% the latter in the head.
Held: The /illin' was 9ualified b% the AC of
abuse of superior stren'th which was alle'ed in the
information and proved durin' trial. The abuse of
superior stren'th is present not onl% when the offenders
en+o% numerical superiorit%, or there is a notorious
ine9ualit% of forces between the victim and the
a''ressor, but also when the offender uses a powerful
weapon which is out of proportion to the defense
available to the victim as in this case.
P&o*%& +. Lo/#!-,s (.22.)
Facts: Cran/, *arlito, both surnamed &obri'as
and *ante mauled and bo- Ta%laran who was alread% ;0
%ears old. The victim died caused b% severe beatin' and
maulin' on the chest portion on the victimBs bod%.
Held: The crime committed was murder
9ualified b% the a''ravatin' circumstance of abuse of
superior stren'th. To appreciate abuse of superior
stren'th, there must be a deliberate intent on the part
of the malefactors to ta/e advanta'e of their 'reater
number. The% must have notoriousl% selected and made
use of superior stren'th in the commission of the crime.
To ta/e advanta'e of superior stren'th is to use
e-cessive force that is out of proportion to the means for
self?defense available to the person attac/edF thus, the
prosecution must clearl% show the offendersM deliberate
intent to do so.
P&o*%& +. B,#$&%on (.22.)
Facts: (arcelon went inside the house of
Amador. Thereafter, accused stran'led and stabbed the
victim with a /nife. Amador died as a result. At the time
the crime was committed, Amador was a 0: %ear?old
woman and (arcelon was onl% #: %ears old.
Held: Abuse of superior stren'th was present
in the commission of the crime. The court cited the case
of People vs. 2cumen, where an attac/ b% a man with a
deadl% weapon upon an unarmed woman constitutes the
circumstance of abuse of that superiorit% which his se-
and the weapon used in the act afforded him, and from
which the woman was unable to defend herself.
The disparit% in a'e between the assailant and
the victim, a'ed #: and 0:, respectivel%, indicates
ph%sical superiorit% on appellantMs part over the
deceased. 6t did not matter that appellant was Ldar/L
with a Lslim bod% buildL or Lmed%o mataba.L Ahat
mattered was that the malefactor was male and armed
with a lethal weapon that he used to sla% the victim.
P&o*%& +. S,ns,& (.22.)
Facts 3ldarico was drin/in' with 1! other men
that include the $ansaet brothers, Ro'elio, &eopoldo and
$ilverio. (ecause of a bad +o/e that cropped up, verbal
e-chan'es ensued. Thereafter, Ro'elio and 3ldarico
started hac/in' each other with bolos. $ilverio and
&eopolo positioned themselves behind the victim and
also hac/ed him. 3ldarico retaliated woundin' $ilverio.
Ro'elio then hac/ed 3ldarico a #
nd
time. &eopoldo and
Ro'elio continued hac/in' 3ldarico when the latter fell.
The% then dra''ed 3ldarico towards the river and there
the% each twice hac/ed 3ldarico resultin' to his death.
Held: L*ere superiorit% in number, even
assumin' it to be a fact, would not necessaril% indicate
the attendance of abuse of superior stren'th. The
prosecution should still prove that the assailants
purposel% used e-cessive force out of proportion to the
means of defense available to the persons attac/ed.L
LCinall%, to appreciate the 9ualif%in'
circumstance of abuse of superior stren'th, what should
be considered is whether the a''ressors too/ advanta'e
of their combined stren'th in order to consummate the
offense. To ta/e advanta'e of superior stren'th means
to purposel% use e-cessive force out of proportion to the
means available to the person attac/ed to defend
himself.L 6n the case at bar, the victim 3ldarico de
Castro was the one who pic/ed a fi'ht with the accused?
appellants because he did not li/e the +o/e b% one of the
accused?appellants. There was no evidence to show that
the accused?appellants purposel% sou'ht and too/
advanta'e of their number to subdue the victim.
P&o*%& +. )&n"#, (.221)
Facts: Jentura armed with a .3 Caliber ,ome?
made Revolver and Clores armed with a bladed weapon,
entered the house of the (ocate+as b% cuttin' a hole in
the /itchen door. Jentura announced a hold?up and hit
8aime on the head and as/ed for the /e%s. 8aime called
out for help and tried to wrestle the 'un awa% from
/ viv Pa'e 00
#==>?#==!
Jentura. Clores then stabbed 8aime 3 times. Clores also
stabbed 8aimeBs wife Aileen who had been awa/ened.
Aileen tried to defend herself with an elecrtric cord to
no avail. Aileen died on the hospital on the same da%.
Held. (% deliberatel% emplo%in' a deadl%
weapon a'ainst Aileen, Clores too/ advanta'e of the
superiorit% which his stren'th, se- and weapon 'ave him
over his unarmed victim. The fact that Aileen attempted
to fend off the attac/ on her and her husband b%
throwin' nearb% ob+ects, such as an electric cord, at
appellant Clores does not automaticall% ne'ate the
possibilit% that the latter was able to ta/e advanta'e of
his superior stren'th
P,#. 10. = THAT THE ACT BE COMMITTED WITH
TREACHERY ($LE2'S*$).
R TR<AC,<RK means that the offended part%
was not 'iven opportunit% to ma/e a defense.
R There is treacher% when the offender
commits an% of the crimes a'ainst the person,
emplo%in' means, methods or forms in the e-ecution
thereof which tend directl% and speciall% to insure its
e-ecution, without ris/ to himself arisin' from the
defense which the offended part% mi'ht ma/e.
REBUISITESD
a. That at the time of the attac/,
the victim was not in a position to defend
himselfF and
b. That the offender consciousl%
adopted the particular means, method or form
of attac/ emplo%ed b% him.
R Treacher% does not connote the element of surprise
alone.
R There is no treacher% when the attac/ is preceded b% a
warnin' or the accused 'ave the deceased a chance to
prepare.
R The 9ualif%in' circumstance of treacher% ma% not be
simpl% deduced from presumption as it is necessar% that
the e-istence of this 9ualif%in' or a''ravatin'
circumstance should be proven as full% as the crime
itself in order to a''ravate the liabilit% or penalt%
incurred b% the culprit.
RULES RE6ARDIN6 TREACHERY
a. Applicable onl% to crimes a'ainst
persons.
b. *eans, methods or forms need
not insure accomplishment of crime.
c. The mode of attac/ must be
consciousl% adopted.
R *ere suddenness of the attac/ is not enou'h to
constitute treacher%. $uch method or form of attac/
must be deliberatel% chosen b% the accused.
ATTACCS SHOWN INTENTION TO ELIMITNATE
RISCD
a. Jictim asleep
b. Jictim half?awa/e or +ust awa/ened
c. Jictim 'rapplin' or bein' held.
d. Attac/ed from behind
R There is treacher% in /illin' a child because the
wea/ness of the victim due to his tender a'e results in
the absence of an% dan'er to the accused.
ADDITIONAL RULESD
1. Ahen the a''ression is C2NT6N323$,
treacher% must be present in the (<16NN6N1
of the assault.
#. Ahen the assault AA$ N2T C2NT6N323$, in
that there was an interruption, it is sufficient
that treacher% was present AT T,< *2*<NT
T,< CATA& (&2A AA$ 16J<N.
R 6n treacher%, it ma/es no difference whether or not the
victim was the same person whom the accused intended
to /ill.
R Ahen it is N2T $,2AN that the principal b% induction
directed the /iller of the deceased to adopt the means or
methods actuall% used b% the latter in accomplishin' the
murder, because the former left to the latter the details
as to how it was to be accomplished, treacher% cannot
be ta/en into consideration as to the principal b%
induction.
TREACHERY ABUSE OF
SUPERIOR
STREN6TH
MEANS
EMPLOYED TO
WEACEN
DEFENSE
The means,
methods or
forms of attac/
are emplo%ed to
ma/e it
impossible or
hard for the
offended part%
to defend
himself.
The offender
does not emplo%
means, methods
or forms of
attac/F he onl%
ta/es advanta'e
of his superior
stren'th.
The offender, li/e
in treacher%,
emplo%s means
but the means
emplo%ed onl%
materiall%
wea/ens the
resistin' power
of the offended
part%.
R Ahen there is conspirac%, treacher% is considered
a'ainst all the offenders.
R Treacher%, evident premeditation and use of superior
stren'th are, b% their nature, inherent in the offense of
treason.
R Treacher% absorbs abuse of superior stren'th, aid of
armed men, b% a band and means to wea/en the
defense.
R Ni'httime and craft are absorbed in treacher% e-cept if
treacher% rests upon an independent factual basis.
R Treacher% is inherent in murder b% poisonin'.
R Treacher% cannot co?e-ist with passion and
obfuscation.
P&o*%& +. C,s!%%o (1998)
Facts: Jelasco was sittin' outside the
pubhouse tal/in' with his co?wor/er, )orie, when one of
the customers named Ton% went out of the pubhouse.
Then, Castillo suddenl% appeared and, without warnin',
stabbed Ton% with a fan /nife on his left chest. Ton%
pleaded for help but accused stabbed him once more.
Jelasco placed a chair between Ton% and the accused to
stop the latter. Ton% ran awa% but was pursued b% the
accused. Ton% died and his bod% was found outside the
fence of 6'lesia ni Cristo Compound.
Held: The /illin' was 9ualified b% treacher%.
Treacher% is committed when two conditions concur,
namel%, that the person attac/ed had no opportunit% to
defend himself and that such means, method, and forms
of e-ecution were deliberatel% and consciousl% adopted
b% the accused without dan'er to his person. These
re9uisites were evidentl% present in this case when the
/ viv Pa'e 0;
#==>?#==!
accused appeared from nowhere and swiftl% stabbed the
victim +ust as he was biddin' 'oodb%e to his friend,
Jelasco. $aid action rendered it difficult for the victim to
defend himself. The presence of 5defense wounds7 does
not ne'ate treacher% because, as testified to b% Jelasco,
the first stab, fatal as it was, was inflicted on the chest.
The incised wounds in the arms were inflicted when the
victim was alread% rendered defenseless.
P&o*%& +. S,n-,%,n- (1971)
Facts: Corte4 left his nipa hut to 'ather tuba
from a coconut tree nearb%. Ahile he was on top of the
tree, he was struc/ b% a volle% of shots and he fell to the
'round at the base of the coconut tree. The accused and
his companions shot Corte4 several times which resulted
to his death.
Held: The victim was shot while he was
'atherin' tuba on top of a coconut tree. ,e was
unarmed and defenseless. ,e was not e-pectin' to be
assaulted. ,e did not 'ive immediate provocation. The
deliberate, surprise attac/ shows that $an'alan' and his
companions emplo%ed a mode of e-ecution which
insured the /illin' without an% ris/ to them arisin' from
an% defense which the victim could have made. The
/illin' can be cate'ori4ed as murder because of the
9ualif%in' circumstance of treacher%.
P&o*%& +. 6"!&##&F (1988)
Facts: Ahile drun/, the accused started
cursin' *atuano and challen'ed him # or 3 times while
at the office where the two wor/ed. The accused was
holdin' a balison'. *atuanoBs son intervened as/in' the
accused to calm down and the latter seemin'l% acceded.
As soon as the son resumed wor/, the accused lun'ed
towards *atuano whose bac/ was turned and stabbed
him.
Held: The claim that the challen'in' words of
the victim precluded the circumstance of treacher%
because it put him on his 'uard is untenable. The fact
that the accused seemed to be pacified b% the son of the
victim made it clear that the victim had no reason to
e-pect an attac/. As such the attac/ was sudden and
une-pected, from behind and with the victim unarmed
without an% chance to defend himself a'ainst the initial
assault, clearl% show that treacher% was present.
P&o*%& +. )&#$;&F (1991)
Facts: A team of 'overnment a'ents of the PC
conducted a surveillance on a house reported to be the
hideout of a 'an' of suspected robbers. The a'ents
stopped a car comin' out of the house. 6t was driven b%
(alane. (alane was prevailed upon into accompan%in'
the a'ents into the house. The% proceeded to the house
in > cars and when the 1
st
car approached, the% were
met with heav% 'unfire. A firefi'ht ensued. 3 of the
a'ents were hitF one died and two were in+ured. The
men inside the house later surrendered. Amon' them
was Jerche4.
Held: The two re9uisites of treacher% were not
proven. The lawmen, /nowin' that the% were dealin'
with a 'an' of ban/ robbers, were prepared to deal with
an% resistance that ma% possibl% be put up. Also, $'t.
Norcio was /illed durin' the 'un battle and not durin'
the first volle% of shots fired b% the robbers. Thus, there
is no showin' that appellants deliberatel% and
consciousl% adopted their mode of attac/. Neither is
there an% showin' that the% intended to ambush the
lawmen.
P&o*%& +. R&n4,J& (.222)
Facts: &ennie was a 1!?%ear old deaf?mute.
Renda+e, on the other hand, was #3 %ears old and in the
prime of his stren'th. Renda+e followed &ennie when the
latter was on her wa% home alone. Aith the use of a
/nife, he then inflicted stab wounds, ! of which were
fatal on the victimBs bac/. &ennie died as a result. ,er
bod% was found in a su'ar cane plantation.
Held: Treacher% 9ualified the /illin' to murder.
To constitute treacher%, two conditions must concur. (1"
the emplo%ment of means, methods or manner of
e-ecution that would ensure the offenderMs safet% from
an% defense or retaliator% act on the part of the
offended part%F and (#" the offenderMs deliberate or
conscious choice of the means, method or manner of
e-ecution.
No one has positivel% testified on how &ennie
was /illed but the victimBs bod% shows the manner in
which she was attac/ed b% her assailant. 6t elo9uentl%
spea/s for itself. The in+uries established the manner in
which the /illin' was cruell% carried out with little or no
ris/ to the assailant. The number of stab wounds, most
of which were inflicted at the bac/ of the child I
unarmed and alone I shows the deliberateness, the
suddenness and the une-pectedness of the attac/,
which thus deprived her of the opportunit% to run or
fi'ht bac/.
P&o*%& +. U3,>,3 (.22.)
Facts: 3ma%am and the victim, *endo4a were
livin' as husband and wife in a shant% erected inside a
compound owned b% Jelas9ue4. )urin' the coupleBs sta%
in the compound, Jelas9ue4 would notice them
fre9uentl% 9uarellin' and *endo4a on occasions would
run to Jelas9ue4 for help for the beatin's inflicted on
her b% her husband. Jelas9ue4 then noticed a foul odor
emanatin' from the coupleBs shant% which he at first
thou'ht to be that of a poultr% feed or &aning baboy.
Aith the assistance of the police who bro/e the shant%Bs
walls, the decomposin' bod% of *endo4a was found
inside. The trial court found 3ma%am 'uilt% of murder.
Held: The 9ualif%in' circumstance of treacher%
was not established with concrete evidence. The
circumstantial evidence on record does not clearl% show
that there was an% conscious and deliberate effort on
the part of the accused to adopt an% particular means,
method or form of attac/ to ensure the commission of
the crime without affordin' the victim an% means to
defend herself. The conclusion that there was treacher%
can hardl% be 'leaned because the victim and 3ma%am
were inside their shant% and no one witnessed how the
/illin' too/ place. Notabl%, the medical findin's of the
victimMs cadaver show, contusions on her arms and le's,
indicatin' that there ma% have been a 9uarrel prior to
the stabbin'. This reasonabl% ne'ates treacher%.
P&o*%& +. P!&4,4 (.22.)
The essence of treacher% is a deliberate and
sudden attac/, affordin' the hapless, unarmed and
unsuspectin' victim no chance to resist or to escape.
Ahile it is true that the victim herein ma% have been
warned of a possible dan'er to his person, since the
victim and his companion headed towards their
residence when the% saw the 'roup of accused?
appellants comin' bac/ for them after an earlier 9uarrel
+ust minutes before, in treacher%, what is decisive is that
the attac/ was e-ecuted in such a manner as to ma/e it
impossible for the victim to retaliate.
6n the case at bar, *ateo did not have an% chance of
defendin' himself from the accused?appellantMs
concerted assault, even if he was forewarned of the
/ viv Pa'e 0
#==>?#==!
attac/. *ateo was obviousl% overpowered and helpless
when accused?appellantsM 'roup numberin' around
ei'ht, 'an'ed up and mauled him. &u4 came to *ateoMs
succor b% embracin' him and pacif%in' his a''ressors,
but accused?appellants were unrelentin'. *ore
importantl%, *ateo could not have actuall% anticipated
the sudden landin' of a lar'e concrete stone on his
head. The stone was thus treacherousl% struc/. Neither
could the victim have been aware that &ito came up
beside him to stab his bac/ as persons were beatin' him
from ever% direction. &itoMs act of stabbin' the victim
with a /nife, inflictin' a 1!?cm deep wound shows
deliberate intent of usin' a particular means of attac/.
Considerin' the location of the in+uries sustained b% the
victim and the absence of defense wounds, *ateo
clearl% had no chance to defend himself.
P&o*%& +. D"3,4,- (.221)
Facts: Prudente with his friends includin'
*eliston a'reed to meet at a swimmin' pool to celebrate
the feast of $t. 8ohn. 2n their wa% home, there was
heav% downpour so the% decided to ta/e a shelter at a
store where # men, 1 of whom is )umada' are havin'
some drin/s. )umada' offered Prudente a drin/ of
Tandua% but the latter refused then left. )umada'
followed Prudente and stabbed the victim on his breast
with a /nife which resulted to his death.
Held: As a 'eneral rule, a sudden attac/ b% the
assailant, whether frontall% or from behind, is treacher%
if such mode of attac/ was deliberatel% adopted b% him
with the purpose of deprivin' the victim of a chance to
either fi'ht or retreat. The rule does not appl% if the
attac/ was not preconceived but merel% tri''ered b%
infuriation of the appellant on an act made b% the
victim. 6n the present case, it is apparent that the attac/
was not preconceived. 6t was tri''ered b% the
appellantMs an'er because of the victimMs refusal to have
a drin/ with the appellant and his companions.
P&o*%& +. D& 6"F3,n (.227)
Held: d 6t should be made clear that the
essence of treacher% is the sudden and une-pected
attac/ on an unsuspectin' victim without the sli'htest
provocation on his part. This is even more true if the
assailant is an adult and the victim is a minor. M!no#
$;!%4#&n' 9;o /> #&,son o8 ;&!# &n4&# >&,#s'
$,nno /& &:*&$&4 o *" "* , 4&8&ns&. Thus,
when an adult person ille'all% attac/s a minor, treacher%
e-ists.
P,#. 17. = THAT MEANS BE EMPLOYED OR
CIRCUMSTANCES BROU6HT ABOUT WHICH ADD
I6NOMINY TO THE NATURAL EFFECTS OF THE ACT.
I6NOMINY M it is a circumstance pertainin' to the
moral order, which adds dis'race ad oblo9u% to the
material in+ur% caused b% the crime.
R This AC is applicable to crimes a'ainst chastit% and
persons.
R Ahen the accused raped a woman after windin' co'on
'rass around his 'enital or'an, he thereb% au'mented
the wron' done b% increasin' its pain and addin'
i'nomin% there to (People v. Torrefiel".
G N2T<. Accordin' to Professor Ambion, this is
not i'nomin% but cruelt%.
R The means emplo%ed or the circumstances brou'ht
about must tend to ma/e the effects of the crime *2R<
,3*6&6AT6N1 or T2 P3T T,< 2CC<N)<) PARTK T2
$,A*<.
e-. Ahen the accused raped a married woman
in the presence of her husband.
P&o*%& +. S!,o (.222)
Facts: <strella wor/ed as a housemaid of Rene
$iaoBs famil%. 2ne da%, Rene ordered Re%lan, their
housebo%, to brin' <strella to a room. Ahile holdin' a
'un, Rene forced Re%lan to have se- with <strella (oral
se-, missionar% position, and in the manner do's
perform se-ual intercourse".
Held. The accused was held 'uilt% of rape with
the use of a deadl% weapon, which is punishable b%
reclusion perpetua to death. (ut the trial court
overloo/ed and did not ta/e into account the
a''ravatin' circumstance of i'nomin% and sentenced
accused to the sin'le indivisible penalt% of reclusion
perpetua. 6t has been held that where the accused in
committin' the rape used not onl% the missionar%
position, the AC of i'nomin% attended the commission
thereof.
P&o*%& +. C,$;o%, (.221)
Facts. 8essie was about to leave their house to
watch cartoons in his uncleMs house ne-t door when
accused suddenl% entered the front door of their house.
The% ordered 8essie to drop to the floor, and then hit
him in the bac/ with the butt of a lon' 'un. Aithout
much ado, the intruders shot to death 8essieMs uncle,
Jictorino who was then in the livin' room. 8essie
forthwith crawled and hid under a bed, from where he
saw the feet of a third man who had also entered the
house. The men entered the /itchen and continued
shootin'. Ahen the rampa'e was over and after the
malefactors had alread% departed, 8essie came out of his
hidin' place and proceeded to the /itchen. There he saw
his mother, CarmelitaF his brother Celi-.F and his cousin
Rubenson I all slau'htered. The death certificate of
Jictorino reveals that his penis was e-cised.
Held: 6'nomin% cannot be appreciated in this
case. Cor i'nomin% to be appreciated, it is re9uired that
the offense be committed in a manner that tends to
ma/e its effect more humiliatin', thus addin' to the
victimMs moral sufferin'. Ahere the victim was alread%
dead when his bod% or a part thereof was dismembered,
i'nomin% cannot be ta/en a'ainst the accused. 6n this
case, the information states that JictorinoMs se-ual
or'an was severed after he was shot and there is no
alle'ation that it was done to add i'nomin% to the
natural effects of the act. Ae cannot, therefore, consider
i'nomin% as an a''ravatin' circumstance.
P&o*%& +. B"3!4,n- (.222)
Facts. (aliwan' (umidan' raped 1loria in front
of her = %ear old father, *elecio. *elecio helplessl% saw
the accused rape her dau'hter but did not move
because he was too afraid and wea/. (efore rapin' the
victim, (aliwan' e-amined the 'enitals of 1loria with a
flashli'ht.
Held: The a''ravatin' circumstance of
i'nomin% shall be ta/en into account if means are
emplo%ed or circumstances brou'ht about which add
i'nomin% to the natural effects of the offenseF or if the
crime was committed in a manner that tends to ma/e its
effects more humiliatin' to the victim, that is, add to her
moral sufferin'. 6t was established that (aliwan' used
the flashli'ht and e-amined the 'enital of 1loria before
/ viv Pa'e 0:
#==>?#==!
he ravished her. ,e committed his bestial deed in the
presence of 1loriaMs old father. These facts clearl% show
that (aliwan' deliberatel% wanted to further humiliate
1loria, thereb% a''ravatin' and compoundin' her moral
sufferin's. 6'nomin% was appreciated in a case where a
woman was raped in the presence of her betrothed, or
of her husband, or was made to e-hibit to the rapists
her complete na/edness before the% raped her.
P,#. 18. = THAT THE CRIME BE COMMITTED AFTER
AN UNLAWFUL ENTRY.
THERE IS AN UNLAWFUL ENTRY WHEN AN
ENTRANCE OF A CRIME A WALL' ROOF' FLOOR'
DOOR' OR WINDOW BE BROCEN.
R There is unlawful entr% when an entrance is effected
b% a wa% not intended for the purpose.
R 3nlawful entr% must be a means to effect entrance and
not for escape.
R There is no unlawful entr% when the door is bro/en
and thereafter the accused made an entr% thru the
bro/en door. The brea/in' of the door is covered b%
para'raph 1:.
RAT62NA&< C2R PAR. 1. 2ne who acts, not respectin'
the walls erected b% men to 'uard their propert% and
provide for their personal safet%, shows a 'reater
perversit%, a 'reater audacit%F hence, the law punishes
him with more severit%.
R This AC is inherent in robber% with force upon thin's.
R )wellin' and unlawful entr% is ta/en separatel% in
murders committed in a dwellin'.
R 3nlawful entr% is not a''ravatin' in trespass to
dwellin'.
P&o*%& +. B,&%%o (199@)
Facts: (r'%. Captain (or+a awo/e one ni'ht to
find out that their front door was open and that their TJ
set was missin'. ,e and his wife saw their dead
dau'hter l%in' in bed. The TJ set was recovered b% the
police at the house of Tadifo, (aelloBs brother?in?law.
Tadifo claimed that (aello and 8err% had an a'reement
to rob the house of (or+a. 6t was 8err% who /illed (or+aBs
dau'hter because it was he who was left inside the
house.
Held: the AC of unlawful entr% was properl%
appreciated a'ainst the accused as he and his
companion, 8err%, had entered the (or+a residence
throu'h the second floor window, a wa% not intended for
in'ress.
P,#. 19 = THERE IS AN UNLAWFUL ENTRY WHEN
AN ENTRANCE OF A CRIME A WALL' ROOF' FLOOR'
DOOR' OR WINDOW BE BROCEN.
R To be considered as an AC, brea/in' the door must be
utili4ed as a means to the commission of the crime.
R 6t is onl% a''ravatin' in cases where the offender
resorted to an% of said means T2 <NT<R the house. 6f
the wall, etc. is bro/en in order to 'et out of the place, it
is not a''ravatin'.
P,#. .2. = THAT THE CRIME BE COMMITTED (1)
WITH THE AID OF PERSONS UNDER FIFTEEN
YEARS OF A6E OR (.) BY MEANS OF MOTOR
)EHICLES' MOTORIEED WATERCRAFT' AIRSHIPS'
OR OTHER SIMILAR MEANS. (AS AMENDED BY RA
(1@8).
(1) WITH THE AID OF PERSONS UNDER 1( YEARS
OF A6E
(.) BY MEANS OF A MOTOR )EHICLE
R 6t is a''ravatin' where the accused used the
motor vehicle in 'oin' to the place of the crime, in
carr%in' awa% the effects thereof, and if facilitatin' their
escape.
R 6f the motor vehicle was used onl% in
facilitatin' the escape, it should not be an a''ravatin'
circumstance.
R <stafa, which is committed b% means of
deceit or abuse of confidence, cannot be committed b%
means of motor vehicle.
R Theft, which is committed b% merel% ta/in'
personal propert% which need not be carried awa%,
cannot be committed b% means of motor vehicles.
5or other similar meansD @ the e-pression
should be understood as referrin' to *2T2R6S<)
vehicles or other efficient means of transportation
similar to automobile or airplane.
P,#. .1. = THAT THE WRON6 DONE IN THE
COMMISSION OF THE CRIME BE DELIBERATELY
AU6MENTED BY CAUSIN6 OTHER WRON6 NOT
NECESSARY FOR ITS COMMISSIONS.
CRUELTY
R There is cruelt% when the culprit en+o%s and
deli'hts in ma/in' his victim suffer slowl% and 'raduall%,
causin' him unnecessar% ph%sical pain in the
consummation of the criminal act.
R Cor cruelt% to e-ist, it must be shown that the accused
en+o%ed and deli'hted in ma/in' his victim suffer.
REBUISITESD
1. That the in+ur% caused be deliberatel%
increased b% causin' other wron'F
#. That the other wron' be unnecessar% for
the e-ecution of the purpose of the
offender.
R Cruelt% refers to ph%sical sufferin' of victim purposel%
intended b% offender.
R Pluralit% of wounds alone does not show cruelt%.
R There is no cruelt% when other wron' was done after
the victim was dead.
I6NOMINY CRUELTY
6nvolves moral sufferin'. Refers to ph%sical
sufferin'.
P&o*%& +. L,$,o (1971)
Facts: 1allardo, comin' from a 'atherin',
decided to 'o home. As he was descendin' the stairs
(alata4ar followed him and stabbed him with a /nife at
the ri'ht side of his bod%. (alta4ar tried to pull out the
/nife. 1allrado ran. Ahen the latter reached the bamboo
'rove, he was assaulted b% )avid and his son, $alvador,
8ose and Cederico. 1allardo sustained 1> wounds b%
different bladed instruments. ,is assailants dra''ed him
to the field. ,e died later. 6t was found that each of the
/ viv Pa'e ;=
#==>?#==!
: wounds could have caused his death if there were no
timel% medical assistance.
Held: The numerousness of wound is not the
criterion for appreciatin' cruelt%. The test is whether the
accused deliberatel% and sadisticall% au'mented the
wron' b% causin' another wron' not necessar% for its
commission or inhumanl% increased the victimBs
sufferin' or outra'ed or scoffed at his person or corpse.
P&o*%& +. I%,o, (supraA
The fact that NestorBs decapitated bod% bearin'
>3 stab wounds, #> of which were fatal, was found
dumped in the street is not sufficient for a findin' of
cruelt% where there is no showin' that appellant 6laoa,
for his pleasure and satisfaction, caused Nestor to suffer
slowl% and painfull% and inflicted on him unnecessar%
ph%sical and moral pain. Number of wounds alone is not
the criterion for the appreciation of cruelt% as an
a''ravatin' circumstance. Neither can it be inferred
from the mere fact that the victimBs dead bod% was
dismembered.
P&o*%& +. C,!,n (.22.)
Facts: Catian repeatedl% stri/e Aill% with a
Lcha/oL on the head, causin' Aill% to fall on his /nees.
Calunod seconded b% stri/in' the victim with a piece of
wood on the face. Ahen Aill% finall% collapsed,
$umalpon' pic/ed him up, carried him over his shoulder,
and carried Aill% to a place where the% burned Aill%. The
latterBs s/eletal remains were discovered b% a child who
was pasturin' his cow near a peanut plantation.
Held: The circumstance of cruelt% ma% not be
considered as there is no showin' that the victim was
burned while he was still alive. Cor cruelt% to e-ist, there
must be proof showin' that the accused deli'hted in
ma/in' their victim suffer slowl% and 'raduall%, causin'
him unnecessar% ph%sical and moral pain in the
consummation of the criminal act. No proof was
presented that would show that accused?appellants
deliberatel% and wantonl% au'mented the sufferin' of
their victim.
P&o*%& +. 6"&##&#o (.22.)
Appellant first severed the victimMs head
before his penis was cut?off. This bein' the se9uence of
events, cruelt% has to be ruled out for it connotes an act
of deliberatel% and sadisticall% au'mentin' the wron' b%
causin' another wron' not necessar% for its commission,
or inhumanel% increasin' the victimMs sufferin'. As
testified to b% )r. $an'la%, and reflected in her medical
certificate, <rnesto in fact died as a result of his head
bein' severed. No cruelt% is to be appreciated where the
act constitutin' the alle'ed cruelt% in the /illin' was
perpetrated when the victim was alread% dead.
SPECIAL A66RA)ATIN6
CIRCUMSTANCES
R&*"/%!$ A$ 8@(@
An act e-pandin' the definition of the crime of
rape, reclassif%in' the same as a crime a'ainst persons,
amendin' for the purpose act no. 31!, as amended,
otherwise /nown as the revised penal code, and for other
purposes
SECTION 1. Short "itle. = This Act shall be
/nown as 7,he /ntiRape 3aw of 899:7.
SECTION .. Rape as a Crime $gainst
Persons! = The crime of rape shall hereafter be classified as
a Crime A'ainst Persons under Title <i'ht of Act 31!, as
amended, otherwise /nown as the Revised Penal Code.
Accordin'l%, there shall be incorporated into Title <i'ht of
the same Code a new chapter to be /nown as Chapter Three
on Rape, to read as follows.
LChapter Three RapeL
Article #00?$! Rape. Ahen and ,ow Committed. ? Rape is
Committed?
1" (% a man who shall have carnal /nowled'e of a
woman under an% of the followin' circumstances.
a" Throu'h force, threat, or intimidationF
b" Ahen the offended part% is deprived of reason
or otherwise unconsciousF
c" (% means of fraudulent machination or 'rave
abuse of authorit%F
d" Ahen the offended part% is under twelve (1#"
%ears of a'e or is demented, even thou'h none of the
circumstances mentioned above be presentF
#" (% an% person who, under an% of the
circumstances mentioned in para'raph 1 hereof, shall
commit an act of se-ual assault b% insertin' his penis into
other personMs mouth or anal orifice, or an% instrument or
ob+ect, into the 'enital or anal orifice of another person.
Article #00?,! Penalties. ? Rape under para'raph 1 of the
ne-t precedin' article shall be punished b% reclusion
perpetua.
Ahenever the rape is committed with the use of a
deadl% weapon or b% two or more persons, the penalt% shall
be reclusion perpetua to death.
Ahen b% reason or on the occasion of the rape,
the victim has become insane, the penalt% shall be reclusion
perpetua to death.
Ahen the rape is attempted and a homicide is
committed b% reason or on the occasion thereof, the penalt%
shall be reclusion perpetua to death.
homicide is committed, the penalt% shall be death.
The death penalt% shall also be imposed if the
crime of rape is committed with an% of the followin'
a''ravatin'D9ualif%in' circumstances.
1" Ahen the victim is under ei'hteen (1" %ears of
a'e and the offender is a parent, ascendant, step?parent,
'uardian, relative b% consan'uinit% or affinit% within the
third civil de'ree, or the common?law spouse of the parent
of the victim.
#" Ahen the victim is under the custod% of the
police or militar% authorities or an% law enforcement of penal
institution.
3" Ahen the rape is committed in full view of the
spouse, parent, an% of the children or other relatives within
the third civil de'ree of consan'uinit%.
>" Ahen the victim is a reli'ious en'a'ed in
le'itimate reli'ious vocation or callin' and is personall%
/nown to be such b% the offender before or at the time of
(!" Ahen the victim is a child below seven (;"
%ears old.
(0" Ahen the offender /nows that he is afflicted
with ,uman 6mmune?)eficienc% Jirus (,6J"DAc9uired
6mmune )eficienc% $%ndrome (A6)$" or an% other se-uall%
transmissible disease and the virus or disease is transmitted
to the victim.
(;" Ahen committed b% an% member of the Armed
Corces of the Philippines or paramilitar% units thereof or the
Philippine National Police or an% law enforcement a'enc% or
penal institution, when the offender too/ advanta'e of his
position to facilitate the commission of the crime.
(" Ahen b% reason or on the occasion of the
rape, the victim suffered permanent ph%sical mutilation or
disabilit%.
/ viv Pa'e ;1
#==>?#==!
(:" Ahen the offender /new of the pre'nanc% of
the offended part% at the time of the commission of the
crime.
(1=" Ahen the offender /new of the mental
disabilit%, emotional disorder andDor ph%sical handicap of the
offended part% at the time of the commission of the crime.
Rape under para'raph # of the ne-t precedin'
article shall be punished b% prision mayor.
Ahenever the rape is committed with the use of a deadl%
weapon or b% two or more persons, the penalt% shall be
prision mayor to reclusion temporal.
the victim has become insane, the penalt% shall be reclusion
temporal.
Ahen the rape is attempted and a homicide is
committed b% reason or on the occasion thereof, the penalt%
shall be reclusion temporal to reclusion perpetua.
homicide is committed, the penalt% shall be reclusion
perpetua.
Reclusion temporal shall also be imposed if the
rape is committed b% an% of the ten a''ravatin'D9ualif%in'
circumstances mentioned in this article.
Article #00?C! Effect of Paron ? The subse9uent
valid marria'e between the offender and the offended part%
shall e-tin'uish the criminal action or the penalt% imposed.
6n case it is the le'al husband who is the offender, the
subse9uent for'iveness b% the wife as the offended part%
shall e-tin'uish the criminal action or the penalt%. Pro!ided#
That the crime shall be e-tin'uish or the penalt% shall not be
abated if the marria'e is void ab initio.
Article #00?D! Presumptions. ? An% ph%sical
overt act manifestin' resistance a'ainst the act of rape in
an% de'ree from the offended part%, or where the offended
part% is so situated as to render herDhim incapable of 'ivin'
valid consent, ma% be accepted as evidence in the
prosecution of the acts punished under Article #00?A.L
SECTION @. Separability Clause.= 6f an% part, section, or
provision of this Act is declared invalid or unconstitutional,
the other parts thereof not affected thereb% shall remain
valid.
SECTION 1. Repealing Clause.= Article 33! of Act No.
31!, as amended, and all laws, acts presidential decrees,
e-ecutive orders, administrative orders, rules and
re'ulations, inconsistent with or contrar% to the provisions of
this Act are deemed amended, modified or repealed
accordin'l%.
SECTION (. Effectivity. = This Act shall ta/e effect fifteen
(1!" da%s after completion of its publication in two (#"
newspapers of 'eneral circulation.

P&o*%& +. B,%-os (.222)
Facts: (al'os was accused of rapin' a 0?%ear
old child named Criselle. Ahile the victim was pla%in',
the accused as/ed his nieces to 'o outside and bu%
cheese curls. Ahen the% left, the accused opened his
4ipper and made Criselle hold his penis. The # 'irls came
bac/ and he as/ed them to 'o out and bu% more cheese
curls. Ahen the% left, he loc/ed the door and had carnal
/nowled'e with Criselle. The accused cannot penetrate
the victimBs or'an. The lower court convicted the
accused of 9ualified rape.
Held: The trial court was correct. 3nder Art.
33! of the RPC as amended b% RA ;0!: and further
amended b% RA 3!3, the penalt% of death shall be
imposed if the crime of rape is committed a'ainst a child
below ; %ears of a'e. There is no dispute that the victim
was 0 %ears of a'e when the accused had carnal
/nowled'e with her.
P&o*%& +. L,4J,,%,3 (.222)
Facts: Accused who is maintainin' a dru' den
fired an unlicensed *?1> rifle at the policemen who were
about to enter his house to serve a search warrant.
Held: 6f an unlicensed firearm is used in the
commission of an% crime, there can be no separate
offense of simple ille'al possession of firearms. ,ence, if
the Lother crimeL is murder or homicide, ille'al
possession of firearms becomes merel% an a''ravatin'
circumstance, not a separate offense. $ince direct
assault with multiple attempted homicide was committed
in this case, appellant can no lon'er be held liable for
ille'al possession of firearms.
*oreover, penal laws are construed liberall% in
favor of the accused. 6n this case, the plain meanin' of
RA #:>Ms simple lan'ua'e is most favorable to herein
appellant. Jeril%, no other interpretation is +ustified, for
the lan'ua'e of the new law demonstrates the
le'islative intent to favor the accused. Accordin'l%,
appellant cannot be convicted of # separate offenses of
ille'al possession of firearms and direct assault with
attempted homicide. $ince the crime committed was
direct assault and not homicide or murder, ille'al
possession of firearms cannot be deemed an a''ravatin'
circumstance.
(. ALTERNATI)E CIRCUMSTANCES
R Alternative circumstances are those which must be
ta/en into consideration as A11RAJAT6N1 or
*6T61AT6N1 accordin' to the nature and effects of the
crime and the other conditions attendin' its commission.
A#. 1(. "heir concept! I Alternative circumstances
are those which must be ta/en into consideration as
a''ravatin' or miti'atin' accordin' to the nature and
effects of the crime and the other conditions attendin'
its commission. The% are the relationship, into-ication
and the de'ree of instruction and education of the
offender.
The alternative circumstance of relationship shall be
ta/en into consideration when the offended part% in the
spouse, ascendant, descendant, le'itimate, natural, or
adopted brother or sister, or relative b% affinit% in the
same de'rees of the offender.
The into-ication of the offender shall be ta/en into
consideration as a miti'atin' circumstances when the
offender has committed a felon% in a state of
into-ication, if the same is not habitual or subse9uent to
the plan to commit said felon% but when the into-ication
is habitual or intentional, it shall be considered as an
a''ravatin' circumstance.
The alternative circumstances are.
a. R<&AT62N$,6P
b. 6NT2H6CAT62N
c. )<1R<< 2C 6N$TR3CT62N AN)
<)3CAT62N 2C T,< 2CC<N)<R
a! REL$"*'NS+*P
This is ta/en into consideration when the
offended part% is the.
a. spouse
b. ascendant
c. descendant
d. le'itimate, natural or adopted brother or
sister
/ viv Pa'e ;#
#==>?#==!
e. relative b% affinit% in the same de'ree of
the offender
R As a rule, relationship is *6T61AT6N1 in crimes a'ainst
propert% b% analo'% to the provisions of Art. 33#.
? 3nder Art. 33# of the RPC, no criminal, but
onl% civil, liabilit% shall result from commission of the
crime of theft, swindlin' or malicious mischief
committed or caused mutuall% b% spouses, ascendants,
and descendants, or relatives b% affinit% in the same
lineF brothers and sisters and brothers?in?law and
sisters?in?law, if livin' to'ether.
? Relationship becomes actuall% an e-emptin'
circumstance since there is no occasion to consider a
miti'atin' or an a''ravatin' circumstance because there
is no criminal liabilit%.
6t is aggra!ating in CR6*<$ A1A6N$T P<R$2N$ in
cases where the offended party is a relati!e of a higher
degree than the offender, or when the offender and the
offended party are relati!es of the same le!el, as /illin'
a brother, a brother?in?law, a half?brother or adopted
brother.
Ahen the CR6*< A1A6N$T P<R$2N$ is an% of the
$<R623$ P,K$6CA& 6N83R6<$ (Art. #03", even if the
offended part% is a descendant of the offender,
relationship is an A11RAJAT6N1 C6RC3*$TANC<.
? (ut the serious ph%sical in+uries must not be
inflicted b% a parent upon his child b% e-cessive
chastisement.
Ahen the crime is less serious ph%sical in+uries or
sli'ht ph%sical in+uries, ordinar% rule appliesF
relationship is *6T61AT6N1 if the offended part% is a
relative of lower de'ree and A11RAJAT6N1 if the
offended part% is a relative of a hi'her de'ree than the
offender.
Ahen the crime a'ainst persons is homicide or
murder, relationship is a''ravatin' even if the victim of
the crime is a relative of lower de'ree.
R Relationship is miti'atin' in trespass to dwellin'.
R Relationship is neither miti'atin' nor a''ravatin',
when relationship is an element of the offense.
R 6n crimes a'ainst chastit%, relationship is alwa%s
a''ravatin'.
? (ecause of the nature and effect of the crime
committed, it is considered A11RAJAT6N1 althou'h the
offended part% is a relative of lower de'ree.
P&o*%& +. Ao* (1998)
Facts: 11?%ear?old Re'ina lives with her
'randmother. Atop is the common?law husband of her
'randmother. Atop was found 'uilt% of > counts of rape
which was committed in 1::3 (#-", 1::> and 1::!. The
lower court too/ into account the AC of relationship.
Held: The law cannot be stretched to include
persons attached b% common?law relations. 6n this case,
there is no blood relationship or le'al bond that lin/s
Atop to his victim.
P&o*%& +. M,#$os (.221)
Facts: Jir'ilio arrived at the house of the
*arcoses and proceeded to the artesian well (+etmatic"
located +ust at the bac/ of the house. Jir'ilio bent down
to put on the 'round the tools he was carr%in'. Cesar
then came out of the /itchen door with a bolo in hand
and suddenl% hac/ed Jir'ilio from behind. Jir'ilio was
hit on the nape of the nec/ which caused him to fall to
the 'round. Then Cesar hac/ed him a'ain and this time
Jir'ilio was hit on the ri'ht side of the head. Jir'ilio is
the elder brother of Cesar.
Held: 6n order that the alternative
circumstance of relationship ma% be ta/en into
consideration in the imposition of the proper penalt%, the
offended part% must either be the (a" spouse, (b"
ascendant, (c" descendant, (d" le'itimate, natural or
adopted brother or sister, or (e" relative b% affinit% in the
same de'ree, of the offender. 6n the case at bar, Cesar
and Jir'ilio *arcos are brothers. Accused li/ewise
declared that Jir'ilio is his brother. That the victim is the
elder brother of Cesar is li/ewise alle'ed in the
6nformation. The rule is that relationship is a''ravatin'
in crimes a'ainst persons as when the offender and the
offended part% are relatives of the same level such as
/illin' a brother. Thus, relationship was correctl%
appreciated as an a''ravatin' circumstance.
b! *N"'?*C$"*'N
MITI6ATIN6
a. if into-ication is not habitual, or
b. if into-ication is not subse9uent to the
plan to commit a felon%.
A66RA)ATIN6
a. if into-ication is habitualF or
b. if it is intentional (subse9uent to the plan
to commit a felon%"
? 6t is intentional when the offender
drin/s li9uor full% /nowin' its effects, to find in
the li9uor a stimulant to commit a crime or a
means to suffocate an% remorse.
R Ahen the offender has committed a felon% in a state of
into-ication.
? This clause means that the offenderBs mental
faculties must be affected b% drun/enness.
? The accusedBs state of into-ication must be
proved.
;H15 ,H1 45,'<4C/,4'5 4S H/24,)/3
? A habitual drun/ard is one 'iven to
into-ication b% e-cessive use of into-icatin' drin/s. The
habit should be actual and confirmed, but it is not
necessar% that it be continuous or b% dail% occurrence.
P&o*%& +. R&n&J,n& (1988)
Facts: The accused was convicted for the crime
of murder of 1 policeman and his companion. 6t was
found that Rene+ane was with these # persons and some
other people and the% were havin' a drin/in' session
when the incident too/ place. 6t was also found that the
policeman apprehended Rene+ane a month before the
incident of ille'al possession of mari+uana.
Held: )run/enness is not necessaril% an
a''ravatin' circumstance. The fact that the accused
dran/ li9uor prior to the commission of the crime did not
necessaril% 9ualif% such action as an a''ravatin'
circumstance. 6nto-ication is a''ravatin' if it is habitual
or intentional. There is no findin' of either b% the lower
court. The affair was an ordinar% drin/in' part%. Neither
/ viv Pa'e ;3
#==>?#==!
can this be considered as a miti'atin' circumstance in
the absence of proof that the inta/e of alcoholic drin/s
was of such 9uantit% as to blur the appellantBs reason
and deprive him of a certain de'ree of control.
P&o*%& +. C,3,no (198.)
Facts: After the accused had been drin/in'
li9uor, he stabbed twice the victim Pascua with a bolo
while the latter was wal/in' alon' the barrio street.
After hac/in' and stabbin' to death the victim, the
accused proceeded to the seashore and on findin'
(uenaflor hac/ed the latter with the same bolo.
Held: 6nto-ication is miti'atin' if accidental,
not habitual nor intentional, that is, no subse9uent to
the plan to commit the crime. 6t is a''ravatin' if
habitual or intentional. To be miti'atin', it must be
indubitabl% proved. A habitual drun/ard is one 'iven to
into-ication b% e-cessive use of into-icatin' drin/s. The
habit should be actual and confirmed. 6t is unnecessar%
that it be a matter of dail% occurrence. 6t lessens
individual resistance to evil thou'ht and undermines
will?power ma/in' its victim a potential evil doer.
The into-ication of the appellant not bein'
habitual and considerin' that the said appellant was in a
state of into-ication at the time of the commission of the
felon%, the alternative circumstance of into-ication
should be considered miti'atin'.
c! DE9REE '1 *NS"R3C"*'N $ND ED3C$"*'N '1
"+E '11ENDER
&ow de'ree of instruction and education or lac/
of it is 'enerall% miti'atin'. ,i'h de'ree of instruction
and education is a''ravatin', when the offender avails
himself of his learnin' in committin' the crime.
3/C= 'F 45S,R)C,4'5# /S +4,40/,450
? &ac/ of instruction cannot be ta/en into
account where the defendant admitted that he studied in
the first 'rade in a public elementar% school. Art. 1!
applies onl% to him who reall% has not received an%
instruction.
R Not illiterac% alone, but also lac/ of sufficient
intelli'ence are necessar% to invo/e the benefit of the
alternative circumstance of lac/ of instruction, the
determination of which is left to the trial court.
R &ac/ of sufficient instruction is not miti'atin' when the
offender is a cit% resident who /nows how to si'n his
name.
R &ac/ of instruction must be proved positivel% and
directl% and cannot be based on mere deduction or
inference.
R The 9uestion of lac/ of instruction cannot be raised for
the first time in appellate court.
R 2rdinaril%, &2A )<1R<< 2R &ACO 2C 6N$TR3CT62N 6$
*6T61AT6N1 6N A&& CR6*<$.
<-ceptions.
(1" crimes a'ainst propert% such as estafa, theft,
robber% arson e-cept theft of lar'e cattle and robber%
with homicide.
(#" crimes a'ainst chastit%
(3" treason @ because love of countr% should be a
natural feelin' of ever% citi4en, however unlettered or
uncultured he ma% be
(>" murder @ because to /ill is forbidden b%
natural law which ever% rational bein' is endowed to
/now and feel.
H40H D10R11 'F 45S,R)C,4'5# /S /00R/>/,450
)e'ree of instruction is a''ravatin' when the
offender availed himself or too/ advanta'e of it in
committin' the crime.
ABSOLUTORY CAUSES AND OTHER SPECIAL
SITUATIONS
Absolutor% causes are those where the act
committed is a crime but for reasons of public polic% and
sentiment there is no penalt% imposed.
,. ENTRAPMENT AND INSTI6ATION
ENTRAPMENT INSTI6ATION
Aa%s and means are
resorted to for the purpose
of trappin' and capturin'
the lawbrea/er in the
e-ecution of his criminal
plan
The insti'ator practicall%
induces the would?be
accused into the
commission of the offense
and himself becomes a co?
principal.
The means ori'inate from
the mind of the criminal.
The law enforcer conceives
the commission of the
crime and su''ests to the
accused who adopts the
idea and carries it into
e-ecution.
A person has planned or is
about to commit a crime
and wa%s and means are
resorted to b% a public
officer to trap and catch
the criminal.
A public officer or a private
detective induces an
innocent person to commit
a crime and would arrest
him upon or after the
commission of the crime
b% the latter.
Not a bar to the
prosecution and conviction
of the lawbrea/er.
The accused must be
ac9uitted.
P&o*%& +. L", C;" ,n4 U> S& T!n- (19@1)
Facts: $amson was the chief of customs secret
service in Cebu and Natividad was the former collector
of customs. ,e was instructed to ma/e sure that the
shipment containin' opium shall be unloaded in the
countr%. ,e went alon' the plan and then he informed
the Philippine Constabular% of all that had ta/en place
and the% discussed a plan to capture the opium owners.
Held: The mere fact that the chief of customs
secret service pretended to a'ree to a plan for
smu''lin' ille'all% imported opium throu'h the
customhouse, in order the better to assure the sei4ure
of said opium and the arrest of its importers, is no bar to
the prosecution and conviction of the accused.
$amson did not induce nor insti'ate the
accused to import the opium but merel% pretended to
have an understandin' with the collector of customs.
There is nothin' immoral in this or a'ainst the public
'ood which should prevent the 'overnment from
prosecutin' and punishin' the culprits, for this is not a
case where an innocent person is induced to commit a
crime merel% to prosecute him, but it is simpl% a trap set
to catch a criminal.
/ viv Pa'e ;>
#==>?#==!
A#,n&, +. CA (1980)
Facts: Att%. Araneta was the hearin' officer of
the )ept. of &abor in Cabanatuan while *rs. Ko%on'co is
the widow of a 'overnment emplo%ee. The latter went to
see Araneta re'ardin' her claim for death compensation
and Araneta as/ed for P1== for her claim to be
processed. The widow reported this to the PC and the PC
decided to entrap Araneta. The entrapment was
successful and Att%. Araneta was char'ed for violatin'
the anti?'raft law.
Held: <ntrapment is not a defense in a criminal
case. 6t is different from insti'ation. There is insti'ation
when the accused was induced to commit the crime. 6n
entrapment, the mens rea ori'inates from the mind of
the criminal. <ntrapment does not e-empt the criminal
from liabilit%.
P&o*%& +. P,$!s (.22.)
Facts: Att%. Kap, supervisin' a'ent of the
)an'erous )ru's )ivision?N(6, received information that
Pacis was offerin' to sell X /' of Lshabu.L A bu%?bust
operation was approved. Kap and $enior A'ent Con'4on,
8r., were assi'ned to handle the case. Kap, Con'4on and
the informant then went to the house of Pacis. The
informant introduced Kap to Pacis as interested bu%er.
The% ne'otiated the sale of X /' of shabu. 6t was
a'reed that pa%ment and deliver% of shabu would be
made on the followin' da%. The ne-t da%, the N(6 a'ents
and the informant went to PacisMs house as a'reed. Pacis
handed to Kap a paper ba' with mar/in's L%ellow cabL.
Ahen he opened the ba', Kap found a transparent
plastic ba' with white cr%stalline substance inside. Ahile
e-aminin' it, Pacis as/ed for the pa%ment. Kap
instructed Con'4on to 'et the mone% from the car.
Con'4on returned and 'ave the Lboodle mone%L to Att%.
Kap who handed the mone% to Pacis. 3pon PacisM receipt
of the pa%ment, the officers identified themselves as N(6
a'ents and arrested him.
Held: The operation that led to the arrest of
appellant was an entrapment, not an insti'ation. 6n
entrapment, wa%s and means are resorted to for the
purpose of trappin' and capturin' lawbrea/ers in the
e-ecution of their criminal plan. 6n insti'ation on the
other hand, insti'ators practicall% induce the would?be
defendant into the commission of the offense and
become co?principals themselves. 6t has been held in
numerous cases b% this Court that entrapment is
sanctioned b% law as a le'itimate method of
apprehendin' criminal elements en'a'ed in the sale and
distribution of ille'al dru's.
/. EFFECT OF PARDON
RPC' A#. .@. Effect of paron by the offene
party. I A pardon of the offended part% does not
e-tin'uish criminal action e-cept as provided in Article
3>> of this CodeF but civil liabilit% with re'ard to the
interest of the in+ured part% is e-tin'uished b% his
e-press waiver.
R.A. No. 8@(@. An!=R,*& L,9 o8 1997.
A#!$%& .00=C! Effect of Paron ? The
subse9uent valid marria'e between the offender and the
offended part% shall e-tin'uish the criminal action or the
penalt% imposed.
6n case it is the le'al husband who is the offender, the
subse9uent for'iveness b% the wife as the offended
part% shall e-tin'uish the criminal action or the penalt%.
Pro!ided# That the crime shall be e-tin'uish or the
penalt% shall not be abated if the marria'e is void ab
initio.
A pardon b% the offended part% does not
e-tin'uish criminal action because a crime is an offense
a'ainst the $tate. 6n criminal cases, the intervention of
the a''rieved parties is limited to bein' witnesses for
the prosecution.
Compromise does not e-tin'uish criminal liabilit%.
The offended part% in crimes of adulter% and
concubina'e cannot institute criminal prosecution, if he
shall have consented or pardoned the offenders.
? the pardon here ma% be implied, as
continued inaction of the offended part% after learnin'
the offense.
? both offenders must be pardoned b% the
offended part%.
$. ABSOLUTORY CAUSES
A#. 0(@). ? There is an attempt when the offender
commences the commission of a felon% directl% or over
acts, and does not perform all the acts of e-ecution
which should produce the felon% b% reason of some
cause or accident other than this own spontaneous
desistance.
A#. 7. 0hen light felonies are punishable. I
&i'ht felonies are punishable onl% when the% have been
consummated, with the e-ception of those committed
a'ainst person or propert%.
A#. 10. 0ho are criminally liable! I The
followin' are criminall% liable for 'rave and less 'rave
felonies.
1. Principals.
#. Accomplices.
3. Accessories.
A#. .2. $ccessories #ho are exempt from
criminal liability. H The penalties prescribed for
accessories shall not be imposed upon those who are
such with respect to their spouses, ascendants,
descendants, le'itimate, natural, and adopted brothers
and sisters, or relatives b% affinit% within the same
de'rees, with the sin'le e-ception of accessories fallin'
within the provisions of para'raph 1 of the ne-t
precedin' article.
A#. .17. Death or physical in(uries inflicte
uner exceptional circumstances. I An% le'all%
married person who havin' surprised his spouse in the
act of committin' se-ual intercourse with another
person, shall /ill an% of them or both of them in the act
or immediatel% thereafter, or shall inflict upon them an%
serious ph%sical in+ur%, shall suffer the penalt% of
destierro.
6f he shall inflict upon them ph%sical in+uries of
an% other /ind, he shall be e-empt from punishment.
These rules shall be applicable, under the same
circumstances, to parents with respect to their
dau'hters under ei'hteen %ears of a'e, and their
seducer, while the dau'hters are livin' with their
parents.
An% person who shall promote or facilitate the
prostitution of his wife or dau'hter, or shall otherwise
/ viv Pa'e ;!
#==>?#==!
have consented to the infidelit% of the other spouse shall
not be entitled to the benefits of this article.
A#. .82. =ualifie trespass to #elling. H
An% private person who shall enter the dwellin' of
another a'ainst the latterMs will shall be punished b%
arresto ma%or and a fine not e-ceedin' 1,=== pesos.
6f the offense be committed b% means of violence or
intimidation, the penalt% shall be prision correccional in
its medium and ma-imum periods and a fine not
e-ceedin' 1,=== pesos.
The provisions of this article shall not be
applicable to an% person who shall enter anotherMs
dwellin' for the purpose of preventin' some serious
harm to himself, the occupants of the dwellin' or a third
person, nor shall it be applicable to an% person who shall
enter a dwellin' for the purpose of renderin' some
service to humanit% or +ustice, nor to an%one who shall
enter cafes, taverns, inn and other public houses, while
the same are open.
A#. @@.. Persons exempt from criminal
liability. I No criminal, but onl% civil liabilit%, shall
result from the commission of the crime of theft,
swindlin' or malicious mischief committed or caused
mutuall% b% the followin' persons.
1. $pouses, ascendants and descendants, or
relatives b% affinit% in the same line.
#. The widowed spouse with respect to the
propert% which belon'ed to the deceased spouse before
the same shall have passed into the possession of
anotherF and
3. (rothers and sisters and brothers?in?law and
sisters?in?law, if livin' to'ether.
The e-emption established b% this article shall
not be applicable to stran'ers participatin' in the
A#. @11. Prosecution of the crimes of aultery&
concubinage& seuction& abuction& rape an acts
of lasciviousness! I The crimes of adulter% and
concubina'e shall not be prosecuted e-cept upon a
complaint filed b% the offended spouse.
The offended part% cannot institute criminal
prosecution without includin' both the 'uilt% parties, if
the% are both alive, nor, in an% case, if he shall have
consented or pardoned the offenders.
The offenses of seduction, abduction, rape or acts of
lasciviousness, shall not be prosecuted e-cept upon a
complaint filed b% the offended part% or her parents,
'randparents, or 'uardian, nor, in an% case, if the
offender has been e-pressl% pardoned b% the above
named persons, as the case ma% be.
6n cases of seduction, abduction, acts of
lasciviousness and rape, the marria'e of the offender
with the offended part% shall e-tin'uish the criminal
action or remit the penalt% alread% imposed upon him.
The provisions of this para'raph shall also be applicable
to the co?principals, accomplices and accessories after
the fact of the above?mentioned crimes.
4. ACTS NOT CO)ERED BY LAW AND IN CASE OF
EGCESSI)E PUNISHMENT
A#. (. Duty of the court in connection
#ith acts #hich shoul be represse but #hich are
not covere by the la#& an in cases of excessive
penalties! I Ahenever a court has /nowled'e of an%
act which it ma% deem proper to repress and which is
not punishable b% law, it shall render the proper
decision, and shall report to the Chief <-ecutive, throu'h
the )epartment of 8ustice, the reasons which induce the
court to believe that said act should be made the sub+ect
of le'islation.
6n the same wa%, the court shall submit to the
Chief <-ecutive, throu'h the )epartment of 8ustice, such
statement as ma% be deemed proper, without
suspendin' the e-ecution of the sentence, when a strict
enforcement of the provisions of this Code would result
in the imposition of a clearl% e-cessive penalt%, ta/in'
into consideration the de'ree of malice and the in+ur%
caused b% the offense.
P&o*%& +. )&n&#,$!on (199()
Facts: The accused was found 'uilt% of the
crime of Rape with ,omicide. The instant petition raised
the issue whether or not the respondent +ud'e acted
with 'rave abuse of discretion when he failed or refused
to impose the mandator% penalt% of death under RA
;0!:
Held: The law plainl% and une9uivocabl%
provides that 5when b% reason or on the occasion of
rape, a homicide is committed, the penalt% shall be
death. Courts are not concerned with wisdom, efficac%
or moralit% of law. The discomfort faced b% those forced
b% law to impose death penalt% is an ancient one, but it
is a matter upon which +ud'es have no choice. The Rules
of Court mandates that after an ad+udication of 'uilt, the
+ud'es should impose the proper penalt% and civil
liabilit% provided for b% the law on the accused.
). PERSONS CRIMINALLY LIABLE
A#. 10. 0ho are criminally liable! I The
followin' are criminall% liable for 'rave and less 'rave
felonies.
1. Principals.
#. Accomplices.
3. Accessories.
The followin' are criminall% liable for li'ht felonies.
1. Principals
#. Accomplices.
The treble division of persons criminall%
responsible for an offense rests upon the ver% nature of
their participation in the commission of the crime.
The ACC<$$2R6<$ are not liable for li'ht felonies
because in the commission of li'ht felonies, the social
wron' as well as the individual pre+udice is so small that
penal sanction is deemed not necessar% for accessories
RULES RELATI)E TO LI6HT FELONIESD
a. &i'ht felonies are punishable onl% when the%
have been consummated.
b. (ut when li'ht felonies are committed
a'ainst persons or propert%, the are punishable even if
the% are onl% in the attempted or frustrated sta'e of the
e-ecution.
c. 2nl% principals and accomplices are liable for
li'ht felonies.
d. Accessories are not liable for li'ht felonies,
even if the% are committed a'ainst persons or propert%.
2nl% natural persons can be the active
sub+ect of crime because of the hi'hl% personal nature of
the criminal responsibilit%.
/ viv Pa'e ;0
#==>?#==!
On%> , n,"#,% *&#son $,n /& ;&
o88&n4&# /&$,"s&D
a. The RPC re9uires that the culprit should
have acted with personal malice or ne'li'ence. An
artificial or +uridical person cannot act with malice or
ne'li'ence.
b. A +uridical person, li/e a corporation, cannot
commit a crime in which a willful purpose or a malicious
intent is re9uired.
c. There is substitution of deprivation of libert%
(subsidiar% imprisonment" for pecuniar% penalties in
case of in case of insolvenc% of the accused.
d. 2ther penalties consistin' in imprisonment
and other deprivation of libert% li/e destierro, can be
e-ecuted onl% a'ainst individuals.
2fficers, not the corporation, are criminall%
liable.
8uridical persons are criminall% liable under
certain special laws.
6n all crimes there are alwa%s # parties.
ACT6J< (the criminal" and PA$$6J< (the in+ured part%".
A. PRINCIPALS
A#. 17. Principals! I The followin' are considered
principals.
1. Those who ta/e a direct part in the
e-ecution of the actF
#. Those who directl% force or induce others to
commit itF
3. Those who cooperate in the commission of
the offense b% another act without which it would not
have been accomplished.
R Ahen a sin'le individual commits a crime, there is
no difficult% in determinin' his participation in the
commission thereof.
R (ut when # or more persons are involved, it is
necessar% to determine the participation of each.
PAR. 1. M PRINCIPALS BY DIRECT PARTICIPATION
The principal b% direct participation
P<R$2NA&&K TAO<$ PART 6N T,< <H<C3T62N 2C T,<
ACT constitutin' the crime.
R Two or more persons who too/ part in the commission
of the crime are principals b% direct participation, when
the followin' re9uisites are present.
1. That the% participated in the
criminal resolution
#. That the% carried out their plan
and personall% too/ part in its e-ecution b%
acts which directl% tended to the same end.
1irst re-uisite E Participation in the criminal
resolution
R Two or more persons are said to have
participated in the criminal resolution when the% were in
conspirac% at the time of the commission of the crime.
R 6t is well settled that a person ma% be
convicted for the criminal act of another where, between
them, there has been conspirac% or unit% of purpose and
intention in the commission of the crime char'ed.
C'NSP*R$C5
? A conspirac% e-ists when # or more persons
come to an a'reement concernin' the commission of a
felon% and decide to commit it.
R The conspirac% contemplated in the first
re9uisite is not a felon%, but onl% a manner of incurrin'
criminal liabilit%.
R 6n order to hold an accused 'uilt% as co?
principal b% reason of conspirac%, it must be established
that he performed an over act in furtherance of the
conspirac%, either b% activel% participatin' in the actual
commission of the crime, or b% lendin' moral assistance
to his co?conspirators b% bein' present at the scene of
the crime, or b% e-ertin' moral ascendanc% over the rest
of the conspirators as to move them to e-ecutin' the
conspirac%.
R *ere /nowled'e without cooperation or
a'reement to cooperate is not enou'h to constitute
conspirac%.
R $ilence does not ma/e one a conspirator
R The e-istence of conspirac% does not re9uire
necessaril% an a'reement for an appreciable len'th of
time prior to the e-ecution of its purpose, since from the
le'al viewpoint, conspirac% e-ists if, at the time of the
commission of the offense, the accused had the same
purpose and were united in its e-ecution.
R Conspirac% arises on the ver% instant the
plotters a'ree, e-pressl% or impliedl%, to commit the
felon% and forthwith decide to pursue it.
R Cormal a'reement or previous ac9uaintance
amon' several persons not necessar% in conspirac%.
R *ust be established b% positive and
conclusive evidence.
R Ahen there is no conspirac%, each of the
offenders is liable onl% for the act performed b% him.
6t is not enou'h that a person participated
in the assault made b% another in order to consider him
a co?principal in the crime committed. ,e must also
participate in the criminal resolution of the other.
Ahen there is conspirac%, the act of one is
the act of all. There is collective criminal responsibilit%.
Conspirac% ma% cover persons previousl%
undetermined.
A person in conspirac% with others, who had
desisted before the crime was committed b% the other, is
not criminall% liable.
Ahen there is conspirac%, it is not necessar%
to ascertain the specific act of each conspirator.
There could be no conspirac% to commit an
offense throu'h ne'li'ence.
6n cases of criminal ne'li'ence or crimes
punishable b% special law, allowin' or failin' to prevent
an act to be performed b% another, ma/es one a co?
principal.
Secon re-uisite E that the culprits Fcarrie out
their plan an personally too% part in its
execution& by acts #hich irectly tene to the
same en!D
The principals b% direct participation must
be at the scene of the crime, personall% ta/in' part in its
e-ecution.
The acts of each offender must directl% tend
to the same end.
2ne servin' as 'uard pursuant to the
conspirac% is a principal b% direct participation.
Ahen the second re9uisite is lac/in', there
is onl% conspirac%.
/ viv Pa'e ;;
#==>?#==!
P&o*%& +. N"n,- (1989)
Facts: The victim claimed that while she was
standin' outside the house of her nei'hbor peepin'
throu'h an open window to watch a TJ pro'ram, Nuna'
came towards her appearin' to be drun/. Nuna',
threatenin' to /ill her, led her to a nearb% ricefield.
&ater, the% were +oined b% the other > accused. Nuna'
then undressed her and had se-ual intercourse with her.
*andap followed and she lost consciousness after. $he
re'ained consciousness onl% when *analili was abusin'
her.
Held: Accused Nuna', *andap and *analili are
found 'uilt% of 3 distinct and separate crimes of rape.
The% bein' principals b% direct participation while the
other # accused as principals b% indispensable
cooperation since there is no sufficient evidence that the
latter also had se-ual intercourse with the victim. The
victim lost consciousness and onl% assumed that the two
also raped her.
P&o*%& +. D&%, C&#n, (1907)
Facts: Rafael filed an e+ectment suit a'ainst
dela CernaBs father wherein the court ruled in his favor.
&ater he was shot b% the accused while the former and
his famil% were brin'in' sac/s of corn. ,e was ta/en
awa% b% his famil% to tend his wounds but )ela Cerna
and compan% followed them and Rafael was shot a'ain
resultin' to his death. *a9uilin', one companion of )ela
Cerna, shot Casiano, a relative of Rafael.
Held. )ela Cerna cannot be held liable for the
death of Casiano because the conspirac% was to /ill
Rafael onl%. The rule has alwa%s been. co?conspirators
are liable onl% for acts done pursuant to the conspirac%F
for other acts done outside the contemplation of the co?
conspirators or which are not the necessar% and lo'ical
conse9uence of the intended crime, onl% the actual
perpetrators are liable. Althou'h *a9uilin' 'ot the 'un
from )ela Cerna, the latter onl% 'ave it to the former as
per their a'reement to shoot Rafael
As to the other companions, facts prove their
active participation in the /illin'. The% are all principals.
P&o*%& +. D,$!%%o (s"*#,)
Facts: Pacot stabbed and stran'led Rosemarie
leadin' to the latters death. )acillo for his part, hold
down RosemarieBs le's to prevent her from stru''lin'.
The two men stopped onl% when the% were sure that the
victim was alread% dead. )acillo then encase her corpse
in a cement.
Held:. Two or more persons ta/in' part in the
commission of a crime are considered principals b%
direct participation if the followin' re9uisites are
present. 1. the% participated in the criminal resolution
and #. the% carried out their plan and personall% too/
part in its e-ecution b% acts which directl% tended to the
same end. (oth re9uisites were met in this case. Curther
)acilloBs admission that he participated in the
commission of the crime b% holdin' RosemarieBs le's
made him a principal b% direct participation.
PAR. .. M PRINCIPALS BY INDUCTION
F,hose who directly force or induce others to
commit it.@
The principal b% induction becomes liable
onl% when the principal b% direct participation committed
the act induced.
7 0$5S '1 ,EC')*N9 PR*NC*P$L ,5 *ND3C"*'N
1" 26 D4R1C,36 F'RC450 /5',H1R ,'
C'++4, / CR4+1
a. (% usin' 6RR<$6$T6(&< C2RC<
b. (% causin' 3NC2NTR2&&A(&< C<AR
#" 26 D4R1C,36 45D)C450 /5',H1R ,'
C'++4, / CR4+1.
a. (% 'ivin' price, or offerin' reward or
promise.
b. (% usin' words of command.
REBUISITESD
1. That the inducement be made directl% with the
intention of procurin' the commission of the crimeF
and
a. A thou'htless e-pression without intention to
produce the result is not an inducement to
commit a crime.
b. The inducement ma% be b% acts of command,
advice, or throu'h influence, or a'reement
for consideration.
#. That such inducement be the determinin' cause
of the commission of the crime b% the material
e-ecutor.
? The words of advice of the influence must
have actuall% moved the hands of the principal b%
direct participation.
PRINCIPAL BY
INDUCEMENT
PROPOSAL TO COMMIT
THE FELONY
There is an inducement to commit a crime.
The principal b%
inducement becomes liable
onl% when the crime is
committed b% the principal
b% direct participation.
The mere proposal to
commit a felon% is
punishable in treason and
rebellion. The person to
whom the proposal is
made should not commit
the crimeF otherwise, the
proponent becomes a
principal b% inducement.
The inducement involves
an% crime
The proposal to be
punishable must involve
onl% treason or rebellion.
E11EC"S '1 $C=3*""$L '1 PR*NC*P$L ,5 D*REC"
P$R"*C*P$"*'N 3P'N "+E L*$,*L*"5 '1
PR*NC*P$L ,5 *ND3CE)EN"
1" Conspirac% is ne'ated b% the ac9uittal of co?
defendant.
#" 2ne cannot be held 'uilt% of havin' insti'ated
the commission of a crime without first bein'
shown that the crime has been actuall%
committed b% another.
P&o*%& +. D&%, C#"F (1982)
Facts: )ela Cru4 met with $alip and a
couple of other men when he proposed to them the
/illin' of Antonio Ku and the /idnappin' of the latterBs
brother for a ransom. A 'roup of men sailed for (asilan
where the% met with $alip. The% proceeded to the
accusedBs house where the accused informed the 'roup
of the whereabouts of the Chinese brothers and other
details of the plan. The 'roup was able to /idnap and
detain the brother for a short while before he attempted
to escape and was shot b% one of the men.
Held: The contention of the accused that
since he did not ta/e part in the commission of the
/ viv Pa'e ;
#==>?#==!
crime, conspirac% does not e-ist, is untenable. The
re9uisites necessar% in order that a person ma% be
convicted as principal b% inducement are present.
Aithout )ela Cru4, the crime would not have been
conceived, much less committed. Clearl%, he was the
principal b% induction.
US +. In4!,n,n (191@)
Facts: 6ndianan was the ,<A)*AN of the
district of Paran'. ,e ordered his subordinates to sei4e
$ariol (victim" and brin' the latter to 6ndianan. The
victim was detained b% 6ndianan until ni'htfall, then
6ndianan ordered his subordinates to ta/e $ariol to an
isolated place and /ill him. 6ndianan bolstered his
command b% claimin' that he had an order from the
'overnor that $ariol be e-ecuted. 6ndiananBs
subordinates too/ $ariol to a cemeter% and /illed him.
Held: 6ndianan had a ver% powerful
influence over his subordinates based on TRA)6T62N
AN) C3$T2* as well as his representation that he had
an order from the 'overnor. ,ence, his power over them
was such that an% order issued b% him had the force and
efficac% of ph%sical coercion. The domination of 6ndianan
was such as to ma/e him responsible for whatever the%
did in obedience to such orders. ,e is a principal b%
inducement.
PAR. @. M PRINCIPALS BY INDISPENSABLE
COOPERATION
A,hose who cooperate in the commission
of the offense by another act without which it would not
ha!e been accomplished.@
REBUISITESD
1. Participation in the criminal resolution, that is,
there is either anterior conspirac% or unit% of
criminal purpose and intention immediatel%
before the commission of the crime char'edF
and
#. Cooperation in the commission of the offense
b% performin' another act, without which it
would not have been accomplished.
To be liable as principals, the offender must fall
under an% of the three concepts defined in Article 1;.
There is collective criminal responsibilit% when
the offenders are criminall% liable in the same manner
and to the same e-tent. The penalt% to be imposed must
be the same for all.
Principals b% direct participation have collective
criminal responsibilit%. Principal b% induction, e-cept that
who directl% forced another to commit a crime, and
principal b% direct participation have collective criminal
responsibilit%. Principal b% indispensable cooperation has
collective criminal responsibilit% with the principal b%
direct participation.
P&o*%& +. Mon&,%&-#& (1988)
Facts: Abadilla was eatin' at a restaurant
when he detected the smell of mari+uana smo/e comin'
from a nearb% table. 6ntendin' to call a policeman, he
went outside and saw a police and reported the matter.
The police approached the table and held *onteal're
and Capalad. Capalad suddenl% pulled out his /nife and
started stabbin' the police at the bac/. The police
released the # in order to draw his 'un but *onteale're
restrained the police so that Capalad ma% continue
stabbin'. The 3 'rappled and the police was able to
draw his 'un and fired at the # assailants. A chase
ensued. Capalad was shot which resulted to his death.
The police also died because of the wounds inflicted b%
Capalad.
Held: The accused was correctl% considered a
co?principal for havin' collaborated with Capalad in the
/illin' of the police officer. The # acted in concert. <ven
if the accused did not himself commit the act of
stabbin', he is nonetheless e9uall% 'uilt% thereof for
havin' prevented the police from resistin' the attac/
a'ainst him. The accused was a principal b%
indispensable cooperation.
B. ACCOMPLICES
A#. 18. /ccomplices. I Accomplices are those persons
who, not bein' included in Art. 1;, cooperate in the
e-ecution of the offense b% previous or simultaneous
acts.
6n 9uasi?collective criminal responsibilit%,
some of the offenders in the crime are principals and the
others are accomplices.
The participation of an accomplice
presupposes the commission of the crime b the principal
b% direct participation.
Ahen there is no conspirac% between or
amon' the defendants but the% were animated b% one
and the same purpose to accomplish the criminal
ob+ective, those who cooperated b% previous or
simultaneous act but cannot be held liable as principals
are accomplices.
An accomplice does not have a previous
a'reement or understandin' or is not in conspirac% with
the principal b% direct participation.
CONSPIRATOR ACCOMPLICE
The% /now and a'ree with the criminal desi'n.
Conspirators /now the
criminal intention because
the% themselves have
decided upon such course
of action.
Accomplices come to /now
about it after the principals
have reached the decision
and onl% then do the%
a'ree to cooperate in its
e-ecution.
Conspirators decide that a
crime should be
committed.
Accomplices merel% assent
to the plan and cooperate
in it accomplishment
Conspirators are the
authors of a crime
Accomplices are merel%
instruments who perform
acts not essential to the
perpetration of the
offense.
REBUISITESD
1. That there be communit% of desi'nF that
is, /nowin' the criminal desi'n of the principal b%
direct participation, he concurs with the latter in
his purposeF
#. That he cooperates in the e-ecution of the
offense b% pre!ious or simultaneous acts# with
the intention of suppl%in' material or moral aid in
the e-ecution of the crime in an efficacious wa%F
and
3. That there be a relation between the acts
done b% the principal and those attributed to the
person char'ed as accomplice.
/ viv Pa'e ;:
#==>?#==!
The communit% of desi'n need not be to
commit the crime actuall% committed. 6t is sufficient if
there was a common purpose to commit a particular
crime and that the crime actuall% committed was a
natural or probable conse9uence of the intended crime.
The cooperation of an accomplice is not due
to a conspirac%.
Ahen the acts of the accused are not
indispensable in the /illin', the% are merel% accomplices.
The accomplice merel% supplies the principal
with material or moral aid without conspirac% with the
latter.
The wounds inflicted b% an accomplice in
crimes a'ainst persons should mot have caused the
death of the victim.
RULES.
1. The one who had the ori'inal criminal
desi'n is the person who committed the
resultin' crime.
#. The accomplice, after concurrin' in the
criminal purpose of the principal, cooperates b%
previous or simultaneous acts.
Ahen the cooperation is b% simultaneous act,
the accomplice ta/es part while the crime is
bein' committed b% the principal b% direct
participation or immediatel% thereafter.
3. The accomplice in crimes a'ainst persons
does not inflict the more or most serious
wounds.
The moral aid ma% be throu'h advice,
encoura'ement or a'reement.
There must be a relation between the criminal act
of the principal and the act of the one char'ed as
accomplice.
PRINCIPAL />
COOPERATION
ACCOMPLICE
Cooperation is
indispensable in the
commission of the act.
Cooperation is not
indispensable in the
commission of the act.
P&o*%& +. M,n4o%,4o (supraA
Held: An accomplice cooperates in the
acts, provided he has no direct participation in its
e-ecution or does not force or induce others to commit
it, or his cooperation is not indispensable to its
accomplishment.
6n the case at bar, 2rtillano, b% his acts
showed /nowled'e of the criminal desi'n of *andolado.
,e was present when the latter tried to attac/ the driver
of the Cord Ciera with a /nife and fired at the vehicle
hittin' a female passen'er. Ahen *andolado coc/ed his
'un and ordered Tenorio to stop the +eep, their # other
companion, $imon and <rinada, immediatel% +umped off
the +eep and ran awa% but 2rtillano sta%ed. 6n a displa%
of unit% with *andolado, 2rtillano fired his armalite
while the% were ridin' in the +eep of the victim. And
2rtillanoBs act of firin' his 'un towards the 'round
manifested his concurrence with the criminal intent. 6n
other words, his simultaneous acts supplied moral aid in
the e-ecution of the crime in an efficacious wa%. ,is
presence served to encoura'e *andolado, the principal,
or to increase the odds a'ainst the victims.
P&o*%& +. Do$o%&#o (1991)
Facts: The 3 accused, &udovico, Conrado
and Jir'ilio (all surnamed )octolero" threw stones at
$a'unBs house and called to all the men in the house to
come out. <pifiana and &olita and 8onathan (1 X %ear
old child of &olita" were struc/ and stabled b% the
accused inside the house of $a'un. <pifiana and &olita
died while 8onathan was sli'htl% in+ured. The same
accused while alread% on the road, hac/ed and stabbed
*arcelo which caused his death.
Held: There is no 9uestion that while the
3 accused were still stonin' at the house, the% heard the
# women protestin' and &udovico went inside and
brutall% /illed the # women inside the room of the said
house. 6t is impossible to claim that Jir'ilio and Conrado
did not /now what their brother was doin'. The% /new
and the% +ust stood b% and did nothin' to stop their
brother. Their presence 'ave &udovico encoura'ement in
the commission of the crime. Thus, the # are
accomplices. 2nce can be an accomplice even if he did
not /now of the actual crime intended b the principal
provided he was aware that it was an illicit act.
P&o*%& +. Ro$;& (.222)
Facts: Roderic/ and Rodel Cerol were havin'
drin/s with a friend named (obot inside the Cerol
compound. Aithout an% warnin', Roche and 1re'orio
bar'ed into the compound. 1re'orio tried to hit Rodel
with an empt% beer bottle but failed because his
common?law wife, ,elen, pulled him awa% on time.
Roderic/ however was stabbed on the bac/ with an ice
pic/ b% Roche. Roderic/ ran towards the house of his
friend (obot but outside the compound, Caballes cau'ht
up with him. Roderic/ fell to the 'round and was
repeatedl% stabbed with a /nife b% Caballes. 2ne Rossel
tried to stop Caballes but he was chased b% the latter. A
brother of the victim, 8on?8on, threw bottles at Caballes,
forcin' the latter to run awa%, and leave his victim
behind. Roderic/ was then ta/en to his house b% Ro'elio
and 8on?8on. (ut at the time, Roderic/ was alread%
dead.
Held: Roche can not be held liable as an
accomplice for the crime char'ed. There is no evidence
to show that he performed an% previous or simultaneous
act to assist Caballes in /illin' Roderic/. 6t has not been
proven that he was aware of CaballesB plan to attac/
and /ill Roderic/. Absent an% evidence to create the
moral certaint% re9uired to convict Roche, the court
cannot uphold the trial courtBs findin' of 'uilt.
P&o*%& +. P!%o%, (.22@)
Facs: 8oselito, 8ulian, <dmar and 2dilon were
havin' a drin/in' spree. 6n the course of their drin/in',
an altercation between <dmar and 8ulian ensued. <dmar
and 2dilon then left the store. 8oselito and 8ulian were
also about to leave when <dmar and 2dilon returned,
bloc/in' their wa%. <dmar punched 8ulian in the face.
The two then traded fist blows. Cor his part, 2dilon
positioned himself on top of a pile of hollow bloc/s and
watched as <dmar and 8ulian swapped punches. 8oselito
tried to placate the prota'onists but his intervention
apparentl% did not sit well with 2dilon. ,e pulled out his
/nife with his ri'ht hand and stepped down from his
perch. ,e placed his left arm around 8oselitoMs nec/, and
stabbed the latter. Ronnie and the appellant Pilola, who
were across the street, saw their 'an'mate 2dilon
stabbin' the victim and decided to +oin the fra%. The%
pulled out their /nives, rushed to the scene and stabbed
8oselito. The victim fell in the canal. 2dilon and the
appellant fled. (efore runnin' awa% from the scene,
Ronnie pic/ed up a piece of hollow bloc/ and with it
/ viv Pa'e =
#==>?#==!
bashed 8oselitoMs head. Not content, Ronnie 'ot a piece
of bro/en bottle and struc/ 8oselito once more. 8oselito
died on the spot.
,eld. To hold a person liable as an accomplice,
two elements must concur. (a" the communit% of
criminal desi'nF that is, /nowin' the criminal desi'n of
the principal b% direct participation, he concurs with the
latter in his purposeF (b" the performance of previous or
simultaneous acts that are not indispensable to the
commission of the crime. Accomplices come to /now
about the criminal resolution of the principal b% direct
participation after the principal has reached the decision
to commit the felon% and onl% then does the accomplice
a'ree to cooperate in its e-ecution. Accomplices do not
decide whether the crime should be committedF the%
merel% assent to the plan of the principal b% direct
participation and cooperate in its accomplishment.
,owever, where one cooperates in the commission of the
crime b% performin' overt acts which b% themselves are
acts of e-ecution, he is a principal b% direct
participation, and not merel% an accomplice
All thin's considered, it was ruled that Ronnie
and the appellant conspired with 2dilon to /ill the
victimF hence, all of them are criminall% liable for the
latterMs death. The appellant is not merel% an accomplice
but is a principal b% direct participation.
<ven assumin' that the appellant did not
conspire with Ronnie and 2dilon to /ill the victim, the
appellant is nevertheless criminall% liable as a principal
b% direct participation. The stab wounds inflicted b% him
cooperated in brin'in' about and accelerated the death
of the victim or contributed materiall% thereto.
P&o*%& +. 6,#$!, (.22.)
Facts: Jaller and 1arcia /idnapped Att%.
Tioleco for the purpose of e-tortin' ransom. &ariba and
Ro'el were cau'ht b% police officers inside the house
where a handcuffed and blinfolded Att%. Tioleco was
detained. (oth were unarmed althou'h 'uns inside the
house are available for their possession.
Held: &ariba and Ro'el, were merel% 'uardin'
the house for the purpose of either helpin' the other
accused?appellants in facilitatin' the successful
denouement to the crime or repellin' an% attempt to
rescue the victim, as shown b% the availabilit% of arms
and ammunition to them. The% thus cooperated in the
acts b% means of which the% aided or facilitated the
e-ecution of the crime but without an% indispensable act
for its accomplishment. 3nder Art. 1 of The Revised
Penal Code, the% are mere accomplices.
C. ACCESSORIES
A#. 19. $ccessories! I Accessories are those who,
havin' /nowled'e of the commission of the crime, and
without havin' participated therein, either as principals
or accomplices, ta/e part subse9uent to its commission
in an% of the followin' manners.
1. (% profitin' themselves or assistin' the
offender to profit b% the effects of the crime.
#. (% concealin' or destro%in' the bod% of the
crime, or the effects or instruments thereof, in order to
prevent its discover%.
3. (% harborin', concealin', or assistin' in the
escape of the principals of the crime, provided the
accessor% acts with abuse of his public functions or
whenever the author of the crime is 'uilt% of treason,
parricide, murder, or an attempt to ta/e the life of the
Chief <-ecutive, or is /nown to be habituall% 'uilt% of
some other crime.
An accessor% does not participate in the
criminal desi'n, nor cooperate in the commission of the
felon%, but, with /nowled'e of the commission of the
crime, he subse9uentl% ta/es part in 3 wa%s.
a" b% profitin' from the effects of the crimeF
b" b% concealin' the bod%, effects or instruments
of the crime in order to prevent its discover%F
and
c" b% assistin' in the escape or concealment of
the principal of the crime, provided he acts
with abuse of his public functions or the
principal is 'uilt% of treason, parricide, murder,
or an attempt to ta/e the life of the Chief
<-ecutive, or is /nown to be habituall% 'uilt of
some other crime.
F%no#lege of the commission of the crimeD
*ere possession of stolen propert% does not
ma/e the accused an accessor% where the thief was
alread% convicted.
<ntertainin' suspicion that a crime has been
committed is not enou'h.
Onowled'e of the commission of the crime ma%
be established b% circumstantial evidence
Fcommission of the crimeD
the crime committed b% the principal must be
proved be%ond reasonable doubt.
F#ithout having participate therein either as
principals or accomplicesD
Fta%e part subse-uent to its commissionD
The accessor% ta/es part ACT<R the crime has
been committed.
SPECIFIC ACTS OF THE ACCESSORIES
1. ,5 PR'1*"*N9 "+E)SEL2ES 'R
$SS*S"*N9 "+E '11ENDER "' PR'1*" ,5
"+E E11EC"S '1 "+E CR*)E
? The accessor% must receive the propert%
from the principal. ,e should not ta/e it without the
consent of the principal, or else, he is not an
accessor% but a principal in the crime of theft.
? ;hen is profiting by the effect of the
crime punished as the act of principal# and not the
act of accessory.
Ahen a person /nowin'l% ac9uired or
received propert% ta/en b% the bri'ands.
#. ,5 C'NCE$L*N9 'R DES"R'5*N9 "+E
,'D5 '1 "+E CR*)E "' PRE2EN" *"S
D*SC'2ER5 .
(2)K 2C T,< CR6*< @5corpus delicti7 which means
that a specific offense was in fact committed b%
someone
@. ,5 +$R,'R*N9& C'NCE$L*N9 'R
$SS*S"*N9 *N "+E ESC$PE '1 "+E
PR*NC*P$L '1 "+E CR*)E
. CLASSESD
/ viv Pa'e 1
#==>?#==!
a. Public officers who harbor conceal or assist in the
escape of the principal of an% crime (not li'ht
felon%" with abuse of his public functions
R1B)4S4,1S:
(1" The accessor% is a public officerF
(#" ,e harbors, conceals, or assists in
the escape of the principalF
(3" The public officer acts with abuse
of his public functions.
(>" The crime committed b% the
principal is an% crime, provided it is not a
li'ht felon%.
b. Private persons who harbor, conceal or assist in
the escape of the author of the crime @ 'uilt% of
treason, parricide, murder, or an attempt a'ainst
the life of the President, or who is /nown to be
habituall% 'uilt% of some other crime.
R1B)4S4,1S:
(1" The accessor% is a private person.
(#" ,e harbors, conceals or assists in
the escape of the author of the crime.
(3" The crime committed b% the
principal is either. (a" treason, (b"
parricide, (c" murder, (d" attempt a'ainst
the life of the president, or (e" that the
principal is /nown to be habituall% 'uilt%
of some other crime.
PRESIDENTIAL DECREE No. 101.
ANTI=FENCIN6 LAW OF 1979
A,<R<A$, reports from law enforcement a'encies
reveal that there is rampant robber% and thiever% of
'overnment and private propertiesF
A,<R<A$, such robber% and thiever% have
become profitable on the part of the lawless elements
because of the e-istence of read% bu%ers, commonl% /nown
as fence, of stolen propertiesF
A,<R<A$, under e-istin' law, a fence can be
prosecuted onl% as an accessor% after the fact and punished
li'htl%F
A,<R<A$, is imperative to impose heav%
penalties on persons who profit b% the effects of the crimes
of robber% and theft.
N2A, T,<R<C2R<, 6, C<R)6NAN) <. *ARC2$,
President of the Philippines b% virtue of the powers vested in
me b% the Constitution, do hereb% order and decree as part
of the law of the land the followin'.
S&$!on 1. Title. This decree shall be /nown as
the Anti?Cencin' &aw.
S&$!on .. )efinition of Terms. The followin'
terms shall mean as follows.
(a" LCencin'L is the act of an% person who, with
intent to 'ain for himself or for another, shall bu%, receive,
possess, /eep, ac9uire, conceal, sell or dispose of, or shall
bu% and sell, or in an% other manner deal in an% article,
item, ob+ect or an%thin' of value which he /nows, or should
be /nown to him, to have been derived from the proceeds of
the crime of robber% or theft.
(b" LCenceL includes an% person, firm, association
corporation or partnership or other or'ani4ation whoDwhich
commits the act of fencin'.
S&$!on @. Penalties. An% person 'uilt% of fencin'
shall be punished as hereunder indicated.
(a" The penalt% of prision ma%or, if the value of
the propert% involved is more than 1#,=== pesos but not
e-ceedin' ##,=== pesosF if the value of such propert%
e-ceeds the latter sum, the penalt% provided in this
para'raph shall be imposed in its ma-imum period, addin'
one %ear for each additional 1=,=== pesosF but the total
penalt% which ma% be imposed shall not e-ceed twent%
%ears. 6n such cases, the penalt% shall be termed reclusion
temporal and the accessor% penalt% pertainin' thereto
provided in the Revised Penal Code shall also be imposed.
(b" The penalt% of prision correccional in its
medium and ma-imum periods, if the value of the propert%
robbed or stolen is more than 0,=== pesos but not e-ceedin'
1#,=== pesos.
(c" The penalt% of prision correccional in its
minimum and medium periods, if the value of the propert%
involved is more than #== pesos but not e-ceedin' 0,===
pesos.
(d" The penalt% of arresto ma%or in its medium
period to prision correccional in its minimum period, if the
value of the propert% involved is over != pesos but not
e-ceedin' #== pesos.
(e" The penalt% of arresto ma%or in its medium
period if such value is over five (!" pesos but not e-ceedin'
!= pesos.
(f" The penalt% of arresto ma%or in its minimum
period if such value does not e-ceed ! pesos.
S&$!on 1. &iabilit% of 2fficials of 8uridical
Persons. 6f the fence is a partnership, firm, corporation or
association, the president or the mana'er or an% officer
thereof who /nows or should have /nown the commission of
the offense shall be liable.
S&$!on (. Presumption of Cencin'. *ere
possession of an% 'ood, article, item, ob+ect, or an%thin' of
value which has been the sub+ect of robber% or thiever% shall
be prima facie evidence of fencin'.
S&$!on 0. ClearanceDPermit to $ellD3sed $econd
,and Articles. Cor purposes of this Act, all stores,
establishments or entities dealin' in the bu% and sell of an%
'ood, article item, ob+ect of an%thin' of value obtained from
an unlicensed dealer or supplier thereof, shall before offerin'
the same for sale to the public, secure the necessar%
clearance or permit from the station commander of the
6nte'rated National Police in the town or cit% where such
store, establishment or entit% is located. The Chief of
Constabular%D)irector 1eneral, 6nte'rated National Police
shall promul'ate such rules and re'ulations to carr% out the
provisions of this section. An% person who fails to secure the
clearance or permit re9uired b% this section or who violates
an% of the provisions of the rules and re'ulations
promul'ated thereunder shall upon conviction be punished
as a fence.
S&$!on 7. Repealin' Clause. All laws or parts
thereof, which are inconsistent with the provisions of this
)ecree are hereb% repealed or modified accordin'l%.
S&$!on 8. <ffectivit%. This )ecree shall ta/e
effect upon approval.
)one in the Cit% of *anila, this #nd da% of *arch,
in the %ear of 2ur &ord, nineteen hundred and sevent%?nine.
ACCESSORY DISTIN6UISHED FROM PRINCIPAL
AND FROM ACCOMPLICE
1. The accessor% does not ta/e direct part or
cooperate in, or induce, the commission of the crime.
#. The accessor% does not cooperate in the
commission of the offense b% acts either prior thereto or
simultaneous therewith.
3. That the participation of the accessor% in all
cases alwa%s ta/es place after the commission of the
crime.
A#. .2. $ccessories #ho are exempt from criminal
liability. I The penalties prescribed for accessories
shall not be imposed upon those who are such with
/ viv Pa'e #
#==>?#==!
respect to their spouses, ascendants, descendants,
le'itimate, natural, and adopted brothers and sisters, or
relatives b% affinit% within the same de'rees, with the
sin'le e-ception of accessories fallin' within the
provisions of para'raph 1 of the ne-t precedin' article.
The e-emption is based on the ties of blood
and the preservation of the cleanliness of oneBs name,
which compels one to conceal crimes committed b%
relatives.
An AC<$$2RK is e-empt from criminal
liabilit%, when the principal is his.
1. spouse,
#. ascendant,
3. descendant,
>. le'itimate, natural or adopted brother,
sister or relative b% affinit% within the
same de'ree.
? even if onl% two of the principals 'uilt% of
murder are the brothers of the accessor% and the others
are not related to him, such accessor% is e-empt from
criminal liabilit%.
? a nephew or niece is not included
An accessor% is N2T <H<*PT from criminal
liabilit% even if the principal is related to him, if such
accessor% (1" PR2C6T<) b% the effects of the crime, or
(#" assisted the offender to profit b% the effects of
the crime
P&o*%& +. T,%!n-4,n (1978)
Facts: (ernardo and Teresa lived to'ether
but for 9uite some time their relationship has 'otten
bitter. (ernardo /new that Teresa had an illicit
relationship with Talin'dan. Their child testified that on
the da% the /illin' occurred, there were > men inside
their house and (ernardo /new about it but continued
plowin' his field. &ater, when (ernardo came inside the
/itchen, Talin'dan and Tobias fired at (ernardo and the
> climbed the stairs of the (atalan. $eein' that the
victim was alive the% fired at him a'ain. Teresa came
out after from her room and pulled her child to 9uestion
her. Teresa threatened to /ill her if she would reveal the
incident.
Held: 2ne who conceals or assists in the
escape of the principal in the crime can be held 'uilt% as
accessor%. There is morall% convincin' proof that Teresa
is an accessor% to the offense. $he was inside the room
when her husband was shot. As she came out after the
shootin', she in9uired from the child if she was able to
reco'ni4e the assailants and when the latter identified
the > accused as the culprits, Teresa did not onl% en+oin
her dau'hter not to reveal what she /new to an%one but
she went to the e-tent of warnin' her not to tell an%one
or else she would /ill her. &ater when the police came,
she claimed she had no suspects in mind. $he, thus,
became active in her cooperation with the > accused.
P&o*%& +. To%&n!no (.22.)
Facts: Ailfredo Tolentino hit ,erman $a'ario
with a piece of wood and later stabbed him with a bolo.
Ailfedo then instructed appellant 8onathan Cabros and
*erwin &edesma to help him brin' ,ernan out of the
house. Ailfredo held him b% the nec/ while both
appellant and *erwin 'rasped his feet. The% then
carried ,ernan towards a cree/. Appellant assisted
Ailfredo out of fear and when he noticed that $a'ario
re'ained conciousness, he ran awa% towards a banana
plantation. Ailfredo then stab $a'ario on the different
parts of his bod% causin' his death. Thereafter, Ailfredo
pushed and waded $a'ario on the water.
Held: Appellant 8onathan Cabros cannot be
convicted as an accessor%. 3nder para'raph # of Article
1: of the Revised Penal Code, the concealment or the
destruction of the bod% of the crime or of the effects or
the instruments thereof must have been done in order
to prevent the discover% of the crime. That, precisel%, is
wantin' in the present case. Appellant was afraid that
his co?accused would hurt him if he refused so he
a'reed to assist the latter in carr%in' the victim towards
the river. The fact that appellant left thereafter li/ewise
indicated his innocence of the char'e. Jeril%, he
ade9uatel% e-plained his conduct prior to the stabbin'
incident as one born of fear for his own life. 6t is not
incredible for an e%ewitness to a crime, especiall% if
unarmed, to desist from assistin' the victim if to do so
would put the formerMs life in peril.
P&o*%& +. M,#!,no (.222)
Facts: Ruth and their maid *ichelle often
en'a'ed in a ph%sical fi'ht. The fi'ht usuall% ends with
Ruth pourin' boilin' water on *ichelle. )urin' their
fi'hts which number to at least 0 times a month, Ruth
would ban' *ichelleBs head and pull on her hair. *ichelle
subse9uentl% died as a result. Ruth placed the bod% of
*ichelle in a bo- which she then loaded inside the
lu''a'e compartment of her sister Rub%Bs car. Ruth and
Rub% were both convicted of murder b% the trial court.
Held: Rub% is the sister of Ruth. As such, their
relationship e-empts Rub% from criminal liabilit% under
Art. #= of the Revised Penal Code IART6C&< #=.
Accessories who are e-empt from criminal liabilit%.IThe
penalties prescribed for accessories shall not be imposed
upon those who are such with respect to their spouses,
ascendants, descendants, le'itimate, natural and
adopted brothers and sisters, or relatives b% affinit%
within the same de'rees, with the sin'le e-ception of
accessories fallin' within the provisions of para'raph 1
of the precedin' article (emphasis supplied". The reason
for e-emption is obviousF it is based on ties of blood and
the preservation of the cleanliness of oneMs name, which
compels one to conceal crimes committed b% relatives so
near as those mentioned in the above?9uoted article.
Rub% *ariano is ac9uitted.
). PENALTIES
Penalt% is the sufferin' that is inflicted b% the $tate for
the trans'ression of a law.
D!88&#&n 7"#!4!$,% Con4!!ons o8 P&n,%>D
1. *ust be PR2)3CT6J< 2C $3CC<R6N1, without
however affectin' the inte'rit% of the human
personalit%.
#. *ust be C2**<N$3RAT< with the offense @
different crimes must be punished with
different penalties.
3. *ust be P<R$2NA& @ no one should be
punished for the crime of another.
>. *ust be &<1A& @ it is the conse9uence of a
+ud'ment accordin' to law.
!. *ust be C<RTA6N @ no one ma% escape its
effects.
0. *ust be <Q3A& for all.
;. *ust be C2RR<CT62NA&.
/ viv Pa'e 3
#==>?#==!
The purpose of the $tate in punishin' crimes is T2
$<C3R< 83$T6C<. Penal +ustice must therefore be
e-ercised b% the $tate in the service and satisfaction of
a dut% and rests primaril% on the moral ri'htfulness of
the punishment inflicted.
T;&o#!&s J"s!8>!n- *&n,%>D
a. PR<J<NT62N @ to suppress dan'er to the $tate
b. $<&C?)<C<N$< @ to protect the societ% from
the threat and wron' inflicted b% the criminal.
c. R<C2R*AT62N @ to correct and reform the
offender.
d. <H<*P&AR6TK @ to serve as an e-ample to
deter others from committin' crimes.
e. 83$T6C< @ for retributive +ustice, a vindication
of absolute ri'ht and moral law violated b% the
criminal.
P"#*os& o8 *&n,%> "n4&# ;& RPCD
a. R<TR6(3T62N 2R <HP6AT62N @ the penalt% is
commensurate with the 'ravit% of the offense.
b. C2RR<CT62N 2R R<C2R*AT62N @ as shown b%
the rules which re'ulate the e-ecution of the
penalties consistin' in deprivation of libert%.
c. $2C6A& )<C<N$< @ shown b% its infle-ible
severit% to recidivist and habitual delin9uents.
A. 6ENERAL PRINCIPLES
NO ex post facto %,9s
A#. .1. Penalties that may be impose! I No felon%
shall be punishable b% an% penalt% not prescribed b% law
prior to its commission.
This article prohibits the 1overnment from
punishin' an% person for an% felon% with an% penalt%
which has not been prescribed b% the law.
6t has no application to an% of the provisions
of the RPC for the reason that for ever% felon% defined in
the Code, a penalt% has been prescribed.
R1/S'5. An act or omission cannot be
punished b% the $tate if at the time it was committed
there was no law prohibitin' it, because a law cannot be
rationall% obe%ed unless it is first shown, and a man
cannot be e-pected to obe% an order that has not been
'iven.
OTHER CONSTITUTIONAL PROHIBITIONS
1987 CONSTITUTION
S&$!on 18. (1" No person shall be detained
solel% b% reason of his political beliefs and aspirations.
(#" No involuntar% servitude in an% form shall e-ist
e-cept as a punishment for a crime whereof the part%
shall have been dul% convicted.
S&$!on 19. (1" <-cessive fines shall not be
imposed, nor cruel, de'radin' or inhuman punishment
inflicted. Neither shall death penalt% be imposed, unless,
for compellin' reasons involvin' heinous crimes, the
Con'ress hereafter provides for it. An% death penalt%
alread% imposed shall be reduced to reclusion perpetua.
S&$!on .2. No person shall be imprisoned for
debt or non?pa%ment of a poll ta-.
S&$!on ... No ex post facto law or bill of
attainder shall be enacted.
In R&D C,> )!%%&-,s C,3! (1972)
Facts: Petition for declarator% relief
challen'in' the validit% of $ec. of RA 013# on the
'round that it violates due process, ri'ht of association,
freedom of e-pression and that it is an e- post facto law.
Held: An e- post facto law is one which.
1. ma/es criminal an act done before the passa'e of
the law and which was innocent when done, and
punishes such an act.
#. a''ravates a crime, or ma/es it 'reater than it
was when committedF
3. chan'es the punishment and inflicts a 'reater
punishment than the law anne-ed to the crime
when committedF
>. alters the le'al rules of evidence, and authori4es
conviction upon less or different testimon% than
the law re9uired at the time of the commission of
the offenseF
!. assumin' to re'ulate civil ri'hts and remedies
onl%, in effect imposes penalt% or deprivation of a
ri'ht for somethin' which when done was lawfulF
and
0. deprives a person accused of a crime of some
lawful protection to which he has become
entitled, such as the protection of a former
conviction or ac9uittal, or a proclamation of
amnest%.
The constitutional inhibition refers onl% to criminal
laws which are 'iven retroactive effect. Ahile it is true
that $ec. 1 penali4es a violation of an% provision of RA
013# includin' $ec. thereof, the penalt% is imposed
onl% for acts committed after the approval of the law
and not those perpetrated prior thereto.
P&o*%& +. F&##&# (197.)
A2N the Anti?subversion Act is a bill of
attainderV The trial court ruled that the Act is a bill of
attainder because it 5tars and feathers7 the communist
part% as a 5continuin' menace to the freedom and
securit% of the countr%.7
Held: A bill of attainder is a le'islative act
which inflicts punishment without a trial. The Act simpl%
declares the Communist Part% to be an or'ani4ed
conspirac% for the overthrow of the 'overnment. 6ts
focus is not on the individuals but on the conduct. 6t is
not enou'h that the statute specif% persons or 'roups in
order that it ma% be called a bill of attainder. 6t is
necessar% that it must appl% retroactivel% and reach past
conduct. This re9uirement follows from the nature of a
bill of attainder as a le'islative ad+udication of 'uilt.
P&o*%& +. B#,$,3on& (1990)
Facts: Jioleta and her common law husband,
Clar/ )in, arrived home and 3 men rushin' out of the
house. 6nside the house, the% found their maid hands
tied with her mouth 'a''ed and bathed in her own
blood. Thereafter, the% saw their son in the /itchen his
head and bod% immersed in a pail of water, dead.
Held: To impose upon the accused the death
penalt% reimposed b% RA ;0!: which too/ effect on )ec.
31, 1::3 for a crime committed bac/ on $ep. #3, 1:;
would violate the basic rule in criminal law that, if the
new law imposes a heavier penalt%, the law in force at
the time of the commission of the offense shall be
applied.
P&o*%& +. ),%4&F (1999)
Facts: Accused was convicted b% the RTC and
sentenced him to death for the comple- crime of
*ultiple *urder with )ouble Crustrated *urder, and
/ viv Pa'e >
#==>?#==!
li/ewise separatel% sentenced him to suffer the prison
term of reclusion perpetua for the crime of 6lle'al
Possession of Cirearms (P) 100"
Held: There can be no separate conviction of
the crime of ille'al possession under P) 100 in view of
the amendments introduced b% RA #:> wherein ille'al
possession bein' merel% ta/en as an a''ravatin'
circumstance to other crimes committed. 6nsofar as RA
#:> will spare the accused from a separate conviction
for the crime of ille'al possession, it ma% be 'iven
retroactive effect.
PROSPECTI)ITYI EGCEPTION
RPC' A#. .1. Penalties that may be impose! I No
felon% shall be punishable b% an% penalt% not prescribed
b% law prior to its commission.
A#. ... Retroactive effect of penal la#s. I Penal
&aws shall have a retroactive effect insofar as the% favor
the persons 'uilt% of a felon%, who is not a habitual
criminal, as this term is defined in Rule ! of Article 0# of
this Code, althou'h at the time of the publication of such
laws a final sentence has been pronounced and the
convict is servin' the same.
CI)IL CODE' A#. 11. Penal laws and those of public
securit% and safet% shall be obli'ator% upon all who live
or so+ourn in the Philippine territor%, sub+ect to the
principles of public international law and to treat%
stipulations.
6ENERAL RULED T2 16J< CR6*6NA& &AA$
PR2$P<CT6J< <CC<CT
E:$&*!onD to 'ive them retroactive effect when
favorable to the accused.
Reason for the exception. The soverei'n, in
enactin' a subse9uent penal law more favorable to the
accused, has reco'ni4ed that the 'reater severit% of the
former law is un+ust. The soverei'n would be
inconsistent if it would still enforce its ri'ht under
conditions of the former law, which has alread% been
re'arded b% conscientious public opinion as +uridical
burdensome.
The favorable retroactive effect of a new law ma% find
the defendant in one of these 3 situations.
a. The crime has been committed and prosecution
be'insF
b. $entence has been passed but service has not
be'unF
c. The sentence is bein' carried out.
Ahen the culprit is ,A(6T3A& )<&6NQ3<NT, he is not
entitled to the benefit of the provisions of the new
favorable statute.
A person shall be deemed to be a ,A(6T3A&
)<&6NQ3<NT if within a period of 1= %ears from the date
of his release of last conviction of the crimes of serious
or less serious ph%sical in+uries, robber%, theft, estafa or
falsification, he is found 'uilt of an said crimes a third
time or oftener.
The principle a'ainst retroactivit% does not appl% to
civil liabilit%.
? but a new law increasin' the civil liabilit%
cannot be 'iven retroactive effect.
The provisions of this article are applicable even to
special laws which provide more favorable conditions to
the accused.
Criminal liabilit% under the former law is obliterated
when the repeal is absolute.
Criminal liabilit% under the repealed law subsists.
a. Ahen the provisions of the former law are
R<<NACT<)F or
b. Ahen the repeal is b% 6*P&6CAT62NF
c. Ahen there is a $AJ6N1 C&A3$<
Ahat penalt% ma% be imposed for the commission of a
felon%V
? 2nl% the penalt% prescribed b% law prior tot the
commission of the felon% ma% be imposed.
? Celonies are punishable under the laws in force
at the time of their commission.
? (ut the penalt% prescribed b% law enacted after
the commission of the felon% ma% be imposed, if
it is favorable to the offender.
P&o*%& +. 6,%%o (1999)
Facts: The accused see/s a modification of his
death sentence to reclusion perpetua in line with the
new Court rulin's which annunciate that the ; attendant
circumstances introduced in $ec. 11 of RA ;0!: parta/e
of the nature of 9ualif%in' circumstances that must be
pleaded in the indictment in order to warrant the
imposition of the penalt% (1arcia doctrine reiterated in
*edina".
Held: (% operation of law, the appellant is
ri'htfull% entitled to the beneficial application of the
1arcia or *edina doctrine. $entence modified.
P&o*%& +. P,,%!n (1999)
Facts: The accused were convicted of
Robber% with Ph%sical 6n+uries and Robber% with *ultiple
Rape and were sentenced to imprisonment and death
penalt% respectivel% for the two convictions.
Held: There is no 9uestion that the
abolition of the death penalt% benefits herein accused.
The subse9uent reimposition of the death penalt% will
not affect them. The framers of the Constitution
themselves state that the law to be passed b% Con'ress
reimposin' the death penalt% (RA ;0!:" can onl% have
prospective application. A subse9uent statute cannot be
so applied retroactivel% as to impair a ri'ht that accrued
under the old law.
DIFFERENT EFFECTS OF REPEAL OF PENAL LAW.
a. 6f the repeal ma/es the penalty
lighter in the new law, the new law shall be applied,
e-cept when the offender is a habitual delin9uent or
when the new law is made not applicable to
pendin' action or e-istin' causes of action.
b. 6f the new law imposes a hea!ier
penalty, the law in force at the time of the
commission of the offense shall be applied.
c. 6f the new law totall% repeals the
e-istin' law so that the act which was penali4ed
under the old law is no lon'er punishable, the crime
is obliterated.
Ahen the repeal is absolute the offense ceases to be
criminal.
Ahen the new law and the old law penali4e the same
offense, the offender can be tried under the old law.
Ahen the repealin' law fails to penali4e the offense
under the old law, the accused cannot be convicted
under the new law.
/ viv Pa'e !
#==>?#==!
A person erroneousl% accused and convicted under a
repealed statute ma% be punished under the repealin'
statute.
A new law which omits an%thin' contained in the old
law dealin' on the same sub+ect, operates as are penal
of an%thin' not so included in the amendator% act.
P&o*%& +. P!3&n&% (supra)
Held: Ahere the repeal of a penal law is total
and absolute and the act which was penali4ed b% a prior
law ceases to be criminal under the new law, the
previous offense is obliterated.
Aith the enactment of RA ;030, the char'e of
ille'al possession of firearm and ammunition 9ualified b%
subversion should be amended to simple ille'al
possession of firearm and ammunition, since subversion
is no lon'er a crime.
B. PENALTIES WHICH MAY BE IMPOSED
A#. .(. Penalties #hich may be impose! I The
penalties which ma% be imposed accordin' to this Code,
and their different classes, are those included in the
followin'.
$cale
PRINCIPAL PENALTIES

C,*!,% *"n!s;3&nD
)eath.

A88%!$!+& *&n,%!&sD
Reclusion perpetua,
Reclusion temporal,
Perpetual or temporar% absolute dis9ualification,
Perpetual or temporar% special dis9ualification,
Prision ma%or.
Co##&$!on,% *&n,%!&sD
Prision correccional,
Arresto ma%or,
$uspension,
)estierro.

L!-; *&n,%!&sD
Arresto menor,
Public censure.

P&n,%!&s $o33on o ;& ;#&& *#&$&4!n-
$%,ss&sD
Cine, and
(ond to /eep the peace.

ACCESSORY PENALTIES
Perpetual or temporar% absolute dis9ualification,
Perpetual or temporar% special dis9ualification,
$uspension from public office, the ri'ht to vote and be
voted for, the profession or callin'.
Civil interdiction,
6ndemnification,
Corfeiture or confiscation of instruments and proceeds of
the offense,
Pa%ment of costs.
PRINCIPAL PENALTIES @ those e-pressl% imposed b%
the court in the +ud'ment of conviction.
ACCESSORY PENALTIES @ those that are deemed
included in the imposition of the principal penalties.
2ther classifications of penalties.
$ccoring to their ivisibilityC
1. D!+!s!/%&
? those that have fi-ed duration and are divisible
into three periods.
#. 6n4!+!s!/%&
? those which have no fi-ed duration.
a. )eath
b. Reclusion perpetua
c. Perpetual absolute or special
dis9ualification
d. Public censure
$ccoring to sub(ect-matter
8. Corporal (death"
C. )eprivation of freedom
(reclusion# prision# arresto"
D. Restriction of freedom (destierro$
E. )eprivation of ri'hts
(dis*ualification and suspension$
F. Pecuniar% (fine$
$ccoring to their gravity
1. Capital
#. Afflictive
3. Correctional
>. &i'ht
NOTE. Public censure is a penalt%, thus, it is not proper
in ac9uittal. ,owever, the Court in ac9uittin' the
accused ma% critici4e his acts or conduct.
R Penalties that are either principal or accessor%.
Perpetual or temporar% absolute
dis9ualification, perpetual or temporar% special
dis9ualification, and suspension ma% be principal or
accessor% penalties, because the% formed in the #
'eneral classes.
DURATION OF EACH OF DIFFERENT PENALTIES
1. Reclusion perpetua E #= %ears and 1 da%
to >= %ears
.. Reclusion temporal M 1# %ears and 1 da%
to #= %ears
@. Prision mayor an temporary
is-ualification 0 %ears and 1 da% to 1# %ears
e-cept when dis9ualification is accessor% penalt%F in
which case its duration is that of the principal penalt%
1. Prision correccional& suspension an
estierro ? 0 months and 1 da% to 0 %ears e-cept
when suspension is an accessor% penalt%, in which case
its duration is that of the principal penalt%.
(. $rresto )ayor = 1 month and 1 da% to 0
months
0. $rresto )enor " 1 da% to 3= da%s.
C. SPECIFIC PRINCIPAL AND
ACCESSORY PENALTIES
CAPITAL PUNISHMENT
REPUBLIC ACT NO. 70(9
AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN
HEINOUS CRIMES' AMENDIN6 FOR THAT PURPOSE
/ viv Pa'e 0
#==>?#==!
THE RE)ISED PENAL LAWS' AS AMENDED' OTHER
SPECIAL PENAL LAWS' AND FOR OTHER PURPOSES
Section 1. Declaration of Policy. - It is hereby declared the
policy of the State to foster and ensure not only obedience to its
authority, but also to adopt such measures as would effectively
promote the maintenance of peace and order, the protection of life,
liberty and property, and the promotion of the general welfare which
are essential for the enjoyment by all the people of the blessings of
democracy in a just and humane society;
Section 2. Article 114 of the evised !enal "ode, as amended,
is hereby amended to read as follows#
$Art% 114% &reason% - Any 'ilipino citi(en who levies war against
the !hilippines or adheres to her enemies giving them aid or comfort
within the !hilippines or elsewhere, shall be punished by reclusion
perpetua to death and shall pay a fine not to e)ceed 1**,*** pesos%$
+o person shall be convicted of treason unless on the
testimony of two witnesses at least to the same overt act or on
confession of the accused in open court%
,i-ewise, an alien, residing in the !hilippines, who commits
acts of treason as defined in paragraph 1 of this Article shall be
punished by reclusion temporal to death and shall pay a fine not to
e)ceed 1**,*** pesos%$
Section 3. Section &hree, "hapter .ne, &itle .ne of /oo- &wo
of the same "ode is hereby amended to read as follows#
$Section &hree% - !iracy and mutiny on the high seas or in the
!hilippine waters
Art% 100% !iracy in general and mutiny on the high seas or in
!hilippine waters% - &he penalty of reclusion perpetua shall be
inflicted upon any person who, on the high seas, or in !hilippine
waters, shall attac- or sei(e a vessel or, not being a member of its
complement nor a passenger, shall sei(e the whole or part of the
cargo of said vessel, its e1uipment or passengers%
&he same penalty shall be inflicted in case of mutiny on
the high seas or in !hilippine waters%$
Art% 102% 3ualified piracy% - &he penalty of reclusion perpetua to death
shall be imposed upon those who commit any of the crimes referred
to in the preceding article, under any of the following circumstances#
1% 4henever they have sei(ed a vessel by boarding or firing
upon the same;
0% 4henever the pirates have abandoned their victims without
means of saving themselves or;
2% 4henever the crime is accompanied by murder, homicide,
physical injuries or rape%$
Section 4. &here shall be incorporated after Article 011 of the
same "ode a new article to read as follows#
$Art% 011-A% 3ualified /ribery% - If any public officer is entrusted
with law enforcement and he refrains from arresting or prosecuting an
offender who has committed a crime punishable by reclusion
perpetua and5or death in consideration of any offer, promise, gift or
present, he shall suffer the penalty for the offense which was not
prosecuted%
If it is the public officer who as-s or demands such gift or
present, he shall suffer the penalty of death%$
Section 5. &he penalty of death for parricide under Article 046
of the same "ode is hereby restored, so that it shall read as follows#
$Art% 046% !arricide% - Any person who shall -ill his father,
mother, or child, whether legitimate of illegitimate, or any of his
ascendants, or descendants, or his spouse, shall be guilty of parricide
and shall be punished by the penalty of reclusion perpetua to death%$
Section 6. Article 047 of the same "ode is hereby amended to
read as follows#
$Art% 047% 8urder% - Any person who, not falling within the
provisions of Article 046 shall -ill another, shall be guilty of murder
and shall be punished by reclusion perpetua, to death if committed
with any of the following attendant circumstances#
1% 4ith treachery, ta-ing advantage of superior strength, with
the aid of armed men, or employing means to wea-en the defense or
of means or persons to insure or afford impunity%
0% In consideration of a price, reward or promise%
2% /y means of inundation, fire, poison, e)plosion, shipwrec-,
stranding of a vessel, derailment or assault upon a railroad, fall of an
airship, or by means of motor vehicles, or with the use of any other
means involving great waste and ruin%
4% .n occasion of any of the calamities enumerated in the
preceding paragraph, or of an earth1ua-e, eruption of a volcano,
destructive cyclone, epidemic or other public calamity%
9% 4ith evident premeditation%
6% 4ith cruelty, by deliberately and inhumanly augmenting the
suffering of the victim, or outraging or scoffing at his person or
corpse%$
Section 7. Article 099 of the same "ode is hereby amended to
read as follows#
$Art% 099% Infanticide% - &he penalty provided for parricide in
Article 046 and for murder in Article 047 shall be imposed upon any
person who shall -ill any child less than three days of age%
If any crime penali(ed in this Article be committed by the
mother of the child for the purpose of concealing her dishonor, she
shall suffer the penalty of prision mayor in its medium and ma)imum
periods, and if said crime be committed for the same purpose by the
maternal grandparents or either of them, the penalty shall be
reclusion temporal%$
Section 8. Article 06: of the same "ode is hereby amended to
read as follows#
$Art% 06:% ;idnapping and serious illegal detention% - Any private
individual who shall -idnap or detain another, or in any other manner
deprive him of his liberty, shall suffer the penalty of reclusion
perpetua to death#
1% If the -idnapping or detention shall have lasted more
than three days%
0% If it shall have been committed simulating public
authority%
2% If any serious physical injuries shall have been inflicted
upon the person -idnapped or detained; or if threats to -ill him shall
have been made%
4% If the person -idnapped or detained shall be a minor, e)cept
when the accused is any of the parents, female or a public officer%
&he penalty shall be death penalty where the -idnapping
or detention was committed for the purpose of e)torting ransom from
the victim or any other person, even if none of the circumstances
above-mentioned were present in the commission of the offense%
4hen the victim is -illed or dies as a conse1uence of the
detention or is raped, or is subjected to torture or dehumani(ing acts,
the ma)imum penalty shall be imposed%$
Section 9. Article 0<4 of the same "ode is hereby amended to
read as follows#
$Art% 0<4% obbery with violence against or intimidation of
persons - !enalties% - Any person guilty of robbery with the use of
violence against or intimidation of any person shall suffer#
1% &he penalty of reclusion perpetua to death, when by reason
or on occasion of the robbery, the crime of homicide shall have been
committed, or when the robbery shall have been accompanied by
rape or intentional mutilation or arson%
0% &he penalty of reclusion temporal in its medium period to
reclusion perpetua, when or if by reason or on occasion of such
robbery, any of the physical injuries penali(ed in subdivision I of
Article 062 shall have been inflicted%
2% &he penalty of reclusion temporal, when by reason or on
occasion of the robbery, any of the physical injuries penali(ed in
subdivision 0 of the article mentioned in the ne)t preceding
paragraph, shall have been inflicted%
4% &he penalty of prision mayor in its ma)imum period to
reclusion temporal in its medium period, if the violence or intimidation
employed in the commission of the robbery shall have been carried to
a degree clearly unnecessary for the commission of the crime, or
when in the course of its e)ecution, the offender shall have inflicted
upon any person not responsible for its commission any of the
physical injuries covered by subdivisions 2 and 4 of said Article 062%
9% &he penalty of prision correccional in its ma)imum period to
prision mayor in its medium period in other cases%$
Section 10. Article 20* of the same "ode is hereby amended
to read as follows#
/ viv Pa'e ;
#==>?#==!
$Art% 20*% =estructive Arson% - &he penalty of reclusion perpetua
to death shall be imposed upon any person who shall burn#
1% .ne >1? or more buildings or edifices, conse1uent to one
single act of burning, or as a result of simultaneous burnings,
committed on several or different occasions%
0% Any building of public or private ownership, devoted to the
public in general or where people usually gather or congregate for a
definite purpose such as, but not limited to, official governmental
function or business, private transaction, commerce, trade, wor-shop,
meetings and conferences, or merely incidental to a definite purpose
such as but not limited to hotels, motels, transient dwellings, public
conveyances or stops or terminals, regardless of whether the
offender had -nowledge that there are persons in said building or
edifice at the time it is set on fire and regardless also of whether the
building is actually inhabited or not%
2% Any train or locomotive, ship or vessel, airship or airplane,
devoted to transportation or conveyance, or for public use,
entertainment or leisure%
4% Any building, factory, warehouse installation and any
appurtenances thereto, which are devoted to the service of public
utilities%
9% Any building the burning of which is for the purpose of
concealing or destroying evidence of another violation of law, or for
the purpose of concealing ban-ruptcy or defrauding creditors or to
collect from insurance%
Irrespective of the application of the above enumerated
1ualifying circumstances, the penalty of reclusion perpetua to death
shall li-ewise be imposed when the arson is perpetrated or committed
by two >0? or more persons or by a group of persons, regardless of
whether their purpose is merely to burn or destroy the building or the
burning merely constitutes an overt act in the commission or another
violation of law%
&he penalty of reclusion perpetua to death shall also be
imposed upon any person who shall burn#
1% Any arsenal, shipyard, storehouse or military powder or
firewor-s factory, ordnance, storehouse, archives or general museum
of the @overnment%
0% In an inhabited place, any storehouse or factory of
inflammable or e)plosive materials%
If as a conse1uence of the commission of any of the acts
penali(ed under this Article, death results, the mandatory penalty of
death shall be imposed%$
Section 11. Article 229 of the same "ode is hereby amended to read
as follows#
$Art% 229% 4hen and how rape is committed% - ape is
committed by having carnal -nowledge of a woman under any of the
following circumstances#
1% /y using force or intimidation;
0% 4hen the woman is deprived of reason or otherwise
unconscious; and
2% 4hen the woman is under twelve years of age or is
demented%
&he crime of rape shall be punished by reclusion
perpetua%
4henever the crime of rape is committed with the use of
a deadly weapon or by two or more persons, the penalty shall be
reclusion perpetua to death%
4hen by reason or on the occasion of the rape, the victim
has become insane, the penalty shall be death%
4hen the rape is attempted or frustrated and a homicide
is committed by reason or on the occasion thereof, the penalty shall
be reclusion perpetua to death%
4hen by reason or on the occasion of the rape, a
homicide is committed, the penalty shall be death%
&he death penalty shall also be imposed if the crime of
rape is committed with any of the following attendant circumstances#
1% when the victim is under eighteen >17? years of age
and the offender is a parent, ascendant, step-parent, guardian,
relative by consanguinity or affinity within the third civil degree, or the
common-law-spouse of the parent of the victim%
0% when the victim is under the custody of the police or
military authorities%
2% when the rape is committed in full view of the husband,
parent, any of the children or other relatives within the third degree of
consanguinity%
4% when the victim is a religious or a child below seven >:?
years old%
9% when the offender -nows that he is afflicted with
Ac1uired Immune =eficiency Syndrome >AI=S? disease%
6% when committed by any member of the Armed 'orces
of the !hilippines or the !hilippine +ational !olice or any law
enforcement agency%
:% when by reason or on the occasion of the rape, the
victim has suffered permanent physical mutilation%$
Section 12. Section 0 of epublic Act +o% :*7* >An Act
=efining and !enali(ing the "rime of !lunder? is hereby amended to
read as follows#
$Sec% 0% =efinition of the "rime of !lunder; !enalties% -
Any public officer who, by himself or in connivance with members of
his family, relatives by affinity or consanguinity, business associates,
subordinates or other persons, amasses, accumulates or ac1uires ill-
gotten wealth through a combination or series of overt criminal acts
as described in Section 1 >d? hereof in the aggregate amount or total
value of at least 'ifty million pesos >!9*,***,***%**? shall be guilty of
the crime of plunder and shall be punished by reclusion perpetua to
death% Any person who participated with the said public officer in the
commission of an offense contributing to the crime of plunder shall
li-ewise be punished for such offense% In the imposition of penalties,
the degree of participation and the attendance of mitigating and
e)tenuating circumstances, as provided by the evised !enal "ode,
shall be considered by the court% &he court shall declare any and all
ill-gotten wealth and their interests and other incomes and assets
including the properties and shares of stoc-s derived from the deposit
or investment thereof forfeited in favor of the State%$
Section 13. Sections 2, 4, 9, :, 7 and <, of Article II of epublic Act
+o% 6409, as amended, -nown as the =angerous =rugs Act 1<:0, are
hereby amended to read as follows#
$Sec% 2% Importation of !rohibited =rugs% - &he penalty of reclusion
perpetua to death and a fine ranging from five hundred thousand
pesos to ten million pesos shall be imposed upon any person who,
unless authori(ed by law, shall import or bring into the !hilippines any
prohibited drug%
$Sec% 4% Sale, Administration, =elivery, =istribution and
&ransportation of !rohibited =rugs% - &he penalty of reclusion
perpetua to death and a fine from five hundred thousand pesos to
ten million pesos shall be imposed upon any person who, unless
authori(ed by law, shall sell, administer, deliver, give away to
another, distribute, dispatch in transit or transport any prohibited
drug, or shall act as a bro-er in any of such transactions%
+otwithstanding the provisions of Section 0* of this Act to the
contrary, if the victim of the offense is a minor, or should a
prohibited drug involved in any offense under this Section be the
pro)imate cause of the death of a victim thereof, the ma)imum
penalty herein provided shall be imposed%
$Sec% 9% 8aintenance of a =en, =ive or esort for
!rohibited =rug Asers% - &he penalty of reclusion perpetua to
death and a fine ranging from five hundred thousand pesos to ten
million pesos shall be imposed upon any person or group of
persons who shall maintain a den, dive or resort where any
prohibited drug is used in any form or where such prohibited drugs
in 1uantities specified in Section 0*, !aragraph 1 of this Act are
found%
+otwithstanding the provisions of Section 0* of this Act to
the contrary, the ma)imum of the penalty shall be imposed in
every case where a prohibited drug is administered, delivered or
sold to a minor who is allowed to use the same in such place%
Should a prohibited drug be the pro)imate cause of the death of a
person using the same in such den, dive or resort, the ma)imum
penalty herein provided shall be imposed on the maintainer
notwithstanding the provisions of Section 0* of this Act to the
contrary%
$Sec% :% 8anufacture of !rohibited =rug% - &he penalty of
reclusion perpetua to death and fine ranging from five hundred
thousand pesos to ten million pesos shall be imposed upon any
person who, unless authori(ed by law, shall engage in the
manufacture of any prohibited drug%
$Sec% 7% !ossession or Ase of !rohibited =rugs% - &he
penalty of reclusion perpetua to death and a fine ranging from five
hundred thousand pesos to ten million pesos shall be imposed
upon any person who, unless authori(ed by law, shall possess or
use any prohibited drug subject to the provisions of Section 0*
hereof%
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$Sec% <% "ultivation of !lants which are Sources of
!rohibited =rugs% - &he penalty of reclusion perpetua to death and
a fine ranging from five hundred thousand pesos to ten million
pesos shall be imposed upon any person who shall plant, cultivate
or culture any medium Indian hemp, opium poppy >papaver
somniferum?, or any other plant which is or may hereafter be
classified as dangerous drug or from which any dangerous drug
may be manufactured or derived%
&he land or portions hereof, and5or greenhouses on which
any of said plants is cultivated or cultured shall be confiscated and
escheated to the State, unless the owner thereof can prove that he
did not -now such cultivation or culture despite the e)ercise of due
diligence on his part%
If the land involved in is part of the public domain, the
ma)imum of the penalties herein provided shall be imposed upon
the offender%$
Section 14. Sections 14, 14-A, and 19 of Article III of
epublic Act +o% 6409, as amended, -nown as the =angerous
=rugs Act of 1<:0, are hereby amended to read as follows#
$Sec% 14% Importation of egulated =rugs% - &he penalty of
reclusion perpetua to death and a fine ranging from five hundred
person who, unless authori(ed by law, shall import or bring any
regulated drug in the !hilippines%
$Sec% 14-A% 8anufacture of egulated =rugs% - &he penalty of
reclusion perpetua to death and a fine ranging from five hundred
person who, unless authori(ed by law, shall engage in the
manufacture of any regulated drug%
$Sec% 19% Sale, Administration, =ispensation, =elivery,
&ransportation and =istribution of egulated =rugs% - &he penalty
of reclusion perpetua to death and a fine ranging from five hundred
person who, unless authori(ed by law, shall sell, dispense, deliver,
transport or distribute any regulated drug%
+otwithstanding the provisions of Section 0* of this Act to the
contrary, if the victim of the offense is a minor, or should a
regulated drug involved in any offense under this Section be the
pro)imate cause of the death of a victim thereof, the ma)imum
penalty herein provided shall be imposed%$
Section 15. &here shall be incorporated after Section 19
of Article III of epublic Act +o% 6409, as amended, -nown as the
=angerous =rug Act of 1<:0, a new section to read as follows#
$Sec% 19-a% 8aintenance of a den, dive or resort for regulated drug
users% - &he penalty of reclusion perpetua to death and a fine
ranging from five hundred thousand pesos to ten million pesos
shall be imposed upon any person or group of persons who shall
maintain a den, dive or resort where any regulated drugs is used in
any form, or where such regulated drugs in 1uantities specified in
Section 0*, paragraph 1 of this Act are found%
+otwithstanding the provisions of Section 0* of this Act to
the contrary, the ma)imum penalty herein provided shall be
imposed in every case where a regulated drug is administered,
delivered or sold to a minor who is allowed to use the same in
such place%
Should a regulated drug be the pro)imate cause of the
death of a person using the same in such den, dive or resort, the
ma)imum penalty herein provided shall be imposed on the
maintainer notwithstanding the provisions of Section 0* of this Act
to the contrary%$
Section 16. Section 16 of Article III of epublic Act +o%
6409, as amended, -nown as the =angerous =rugs Act of 1<:0, is
amended to read as follows#
$Sec% 16% !ossession or Ase of egulated =rugs% - &he
penalty of reclusion perpetua to death and a fine ranging from five
hundred thousand pesos to ten million pesos shall be imposed
upon any person who shall possess or use any regulated drug
without the corresponding license or prescription, subject to the
provisions of Section 0* hereof%$
Section 17. Section 0*, Article IB of epublic Act +o%
6409, as amended, -nown as the =angerous =rugs Act of 1<:0, is
hereby amended to read as follows#
Sec% 0*% Application of !enalties, "onfiscation and
'orfeiture of the !roceeds or Instruments of the "rime% - &he
penalties for offenses under Section 2, 4, :, 7 and < of Article II
and Sections 14, 14-A, 19 and 16 of Article III of this Act shall be
applied if the dangerous drugs involved is in any of the following
1uantities #
1% 4* grams or more of opium;
0% 4* grams or more of morphine;
2% 0** grams or more of shabu or methylamphetamine
hydrochloride;
4% 4* grams or more of heroin;
9% :9* grams or more of indian hemp or marijuana;
6% 9* grams or more of marijuana resin or marijuana resin
oil;
:% 4* grams or more of cocaine or cocaine hydrochloride;
or
7% In the case of other dangerous drugs, the 1uantity of
which is far beyond therapeutic re1uirements, as determined and
promulgated by the =angerous =rugs /oard, after public
consultations5hearings conducted for the purpose%
.therwise, if the 1uantity involved is less than the
foregoing 1uantities, the penalty shall range from prision
correccional to reclusion perpetua depending upon the 1uantity%
Cvery penalty imposed for the unlawful importation, sale,
administration, delivery, transportation or manufacture of
dangerous drugs, the cultivation of plants which are sources of
dangerous drugs and the possession of any opium pipe and other
paraphernalia for dangerous drugs shall carry with it the
confiscation and forfeiture, in favor of the @overnment, of all the
proceeds of the crime including but not limited to money and other
obtained thereby and the instruments or tools with which it was
committed, unless they are the property of a third person not liable
for the offense, but those which are not of lawful commerce shall
be ordered destroyed without delay% =angerous drugs and plant
sources of such drugs as well as the proceeds or instruments of
the crime so confiscated and forfeited in favor of the @overnment
shall be turned over to the /oard for proper disposal without delay%
Any apprehending or arresting officer who misappropriates or
misapplies or fails to account for sei(ed or confiscated dangerous
drugs or plant-sources of dangerous drugs or proceeds or
instruments of the crime as are herein defined shall after
conviction be punished by the penalty of reclusion perpetua to
death and a fine ranging from five hundred thousand pesos to ten
million pesos%$
Section 18. &here shall be incorporated after Section 0*
of epublic Act +o% 6409, as amended, -nown as the =angerous
=rugs Act of 1<:0, a new section to read as follows#
$Sec% 0*-A% !lea-bargaining !rovisions% - Any person
charged under any provision of this Act where the imposable
penalty is reclusion perpetua to death shall not be allowed to avail
of the provision on plea bargaining%$
Section 19. Section 04 of epublic Act +o% 6409, as
amended, -nown as the =angerous =rugs Act of 1<:0, is hereby
amended to read as follows #
$Sec% 04% !enalties for @overnment .fficial and
Cmployees and .fficers and 8embers of !olice Agencies and the
Armed 'orces, D!lantingD of Cvidence% - &he ma)imum penalties
provided for Section 2, 4>1?, 9>1?, 6, :, 7, <, 11, 10 and 12 of Article
II and Sections 14, 14-A, 19>1?, 16 and 1< of Article III shall be
imposed, if those found guilty of any of the said offenses are
government officials, employees or officers, including members of
police agencies and the armed forces%
Any such above government official, employee or officer
who is found guilty of $planting$ any dangerous drugs punished in
Sections 2, 4, :, 7, < and 12 of Article II and Sections 14, 14-A, 19
and 16 of Article III of this Act in the person or in the immediate
vicinity of another as evidence to implicate the latter, shall suffer
the same penalty as therein provided%$
Section 20. Sec% 14 of epublic Act +o% 692<, as
amended, -nown as the Anti-"arnapping Act of 1<:0, is hereby
$Sec% 14% !enalty for "arnapping% - Any person who is
found guilty of carnapping, as this term is defined in Section &wo
of this Act, shall, irrespective of the value of motor vehicle ta-en,
be punished by imprisonment for not less than fourteen years and
eight months and not more than seventeen years and four months,
when the carnapping is committed without violence or intimidation
of persons, or force upon things; and by imprisonment for not less
than seventeen years and four months and not more than thirty
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years, when the carnapping is committed by means of violence
against or intimidation of any person, or force upon things; and the
penalty of reclusion perpetua to death shall be imposed when the
owner, driver or occupant of the carnapped motor vehicle is -illed
or raped in the course of the commission of the carnapping or on
the occasion thereof%$
Section 21. Article 0: of the evised !enal "ode, as
amended, is hereby amended to read as follows#
$Art% 0:% eclusion perpetua% - &he penalty of reclusion
perpetua shall be from twenty years and one day to forty years%
eclusion temporal% - &he penalty of reclusion temporal shall be
from twelve years and one day to twenty years%
!rision mayor and temporary dis1ualification% - &he
duration of the penalties of prision mayor and temporary
dis1ualification shall be from si) years and one day to twelve
years, e)cept when the penalty of dis1ualification is imposed as an
accessory penalty, in which case, it shall be that of the principal
penalty%
!rision correccional, suspension, and destierro% - &he
duration of the penalties of prision correccional, suspension, and
destierro shall be from si) months and one day to si) years, e)cept
when the suspension is imposed as an accessory penalty, in which
case, its duration shall be that of the principal penalty%
Arresto mayor% - &he duration of the penalty of arresto
mayor shall be from one month and one day to si) months%
Arresto menor% - &he duration of the penalty of arresto
menor shall be from one day to thirty days%
/ond to -eep the peace% - &he bond to -eep the peace shall be
re1uired to cover such period of time as the court may determine%$
Section 22. Article 4: of the same "ode is hereby
Art% 4:% In what cases the death penalty shall not be
imposed; Automatic review of the =eath !enalty "ases% - &he
death penalty shall be imposed in all cases in which it must be
imposed under e)isting laws, e)cept when the guilty person is
below eighteen >17? years of age at the time of the commission of
the crime or is more than seventy years of age or when upon
appeal or automatic review of the case by the Supreme "ourt, the
re1uired majority vote is not obtained for the imposition of the
death penalty, in which cases the penalty shall be reclusion
perpetua%
In all cases where the death penalty is imposed by the
trial court, the records shall be forwarded to the Supreme "ourt for
automatic review and judgment by the "ourt en banc, within
twenty >0*? days but not earlier than fifteen >19? days after
promulgation of the judgment or notice of denial of any motion for
new trial or reconsideration% &he transcript shall also be forwarded
within ten >1*? days from the filing thereof by the stenographic
reporter%$
Section 23. Article 60 of the same "ode, as amended, is
hereby amended to read as follows #
$Art% 60% Cffects of the attendance of mitigating or
aggravating circumstances and of habitual delin1uency% -
8itigating or aggravating circumstances and habitual delin1uency
shall be ta-en into account for the purpose of diminishing or
increasing the penalty in conformity with the following rules#
1% Aggravating circumstances which in themselves
constitute a crime specially punishable by law or which are
included by the law in defining a crime and prescribing the penalty
therefor shall not be ta-en into account for the purpose of
increasing the penalty%
1>a?% 4hen in the commission of the crime, advantage
was ta-en by the offender of his public position, the penalty to be
imposed shall be in its ma)imum regardless of mitigating
circumstances%
&he ma)imum penalty shall be imposed if the offense was
committed by any group who belongs to an organi(ed5syndicated
crime group%
An organi(ed5syndicated crime group means a group of
two or more persons collaborating, confederating or mutually
helping one another for purposes of gain in the commission of any
crime%
0% &he same rule shall apply with respect to any
aggravating circumstances inherent in the crime to such a degree
that it must of necessity accompany the commission thereof%
2% Aggravating or mitigating circumstances which arise
from the moral attributes of the offender, or from his private
relations with the offended party, or from any other personal
cause, shall only serve to aggravate or mitigate the liability of the
principals, accomplices and accessories as to whom such
circumstances are attendant%
4% &he circumstances which consist in the material
e)ecution of the act, or in the means employed to accomplish it,
shall serve to aggravate or mitigate the liability of those persons
only who had -nowledge of them at the time of the e)ecution of
the act or their cooperation therein%
9% Eabitual delin1uency shall have the following effects #
>a? Apon a third conviction the culprit shall be sentenced to
the penalty provided by law for the last crime of which he be found
guilty and to the additional penalty of prision correccional in its
medium and ma)imum periods;
>b? Apon a fourth conviction, the culprit shall be sentenced to
the penalty provided for the last crime of which he be found guilty
and to the additional penalty of prision mayor in its minimum and
medium periods; and
>c? Apon a fifth or additional conviction, the culprit shall be
sentenced to the penalty provided for the last crime of which he be
found guilty and to the additional penalty of prision mayor in its
ma)imum period to reclusion temporal in its minimum period%
+otwithstanding the provisions of this article, the total of the
two penalties to be imposed upon the offender, in conformity
herewith, shall in no case e)ceed 2* years%
'or purposes of this article, a person shall be deemed to be
a habitual delin1uent, if within a period of ten years from the date
of his release or last conviction of the crimes of serious or less
serious physical injuries, robo, hurto, estafa or falsification, he is
found guilty of any of said crimes a third time or oftener%
Section 24. Article 71 of the same "ode, as amended, is
hereby amended to read as follows #
$Art% 71% 4hen and how the death penalty is to be e)ecuted%
- &he death sentence shall be e)ecuted with preference to any
other and shall consist in putting the person under sentence to
death by electrocution% &he death sentence shall be e)ecuted
under the authority of the =irector of !risons, endeavoring so far
as possible to mitigate the sufferings of the person under the
sentence during electrocution as well as during the proceedings
prior to the e)ecution%
If the person under sentence so desires, he shall be
anaestheti(ed at the moment of the e)ecution%
As soon as facilities are provided by the /ureau of !risons,
the method of carrying out the sentence shall be changed to gas
poisoning%
&he death sentence shall be carried out not later than one
>1? year after the judgment has become final%
Section 25. Article 72 of the same "ode is hereby amended
to read as follows#
$Art% 72% Suspension of the e)ecution of the death sentence%
- &he death sentence shall not be inflicted upon a woman while
she is pregnant or within one >1? year after delivery, nor upon any
person over seventy years of age% In this last case, the death
sentence shall be commuted to the penalty of reclusion perpetua
with the accessory penalties provided in Article 4*%
In all cases where the death sentence has become final, the
records of the case shall be forwarded immediately by the
Supreme "ourt to the .ffice of the !resident for possible e)ercise
of the pardoning power%$
Section 26. F modified or repealed hereby are Act this of
provisions the with inconsistent thereof parts regulations and rules
orders, e)ecutive issuances, decrees presidential laws,G
Section 27. If, for any reason or reasons, any part of the
provision of this Act shall be held to be unconstitutional or invalid,
other parts or provisions hereof which are not affected thereby
shall continue to be in full force and effect%
Section 28. &his Act shall ta-e effect fifteen >19? days
after its publication in two >0? national newspapers of general
circulation% &he publication shall not be later than seven >:? days
after the approval hereof%
Approved# =ecember 12, 1<<2
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REPUBLIC ACT NO. 8177
AN ACT ESI!NATIN! EAT" B# LET"AL IN$ECTION AS T"E
%ET"O O& CARR#IN! OUT CAPITAL PUNIS"%ENT'
A%ENIN! &OR T"E PURPOSE ARTICLE 81 O& T"E RE(ISE
PENAL COE' AS A%ENE B# SECTION 24 O& REPUBLIC ACT
NO. 7659.
SECTION 1. Article 71 of the evised !enal "ode, as
amended by Section 04 of epublic Act +o% :69< is hereby further
$Art% 71% When and how the death penalty is to be
executed. H &he death sentence shall be e)ecuted with preference
to any other penalty and shall consist in putting the person under the
sentence to death by lethal injection% &he death sentence shall be
e)ecuted under the authority of the =irector of the /ureau of
"orrections, endeavoring so far as possible to mitigate the sufferings
of the person under the sentence during the lethal injection as well as
during the proceedings prior to the e)ecution%
$&he =irector of the /ureau of "orrections shall ta-e steps
to ensure that the lethal injection to be administered is sufficient to
cause the instantaneous death of the convict%
$!ursuant to this, all personnel involved in the administration
of lethal injection shall be trained prior to the performance of such
tas-%
$&he authori(ed physician of the /ureau of "orrections, after
thorough e)amination, shall officially ma-e a pronouncement of the
convictDs death and shall certify thereto in the records of the /ureau
of "orrections%
&he death sentence shall be carried out not earlier than one
>1? year nor later than eighteen >17? months after the judgment has
become final and e)ecutory without prejudice to the e)ercise by the
!resident of his e)ecutive clemency powers at all times%$
Sec. 2. !ersons already sentenced by judgment,
which has become final and e)ecutory, who are waiting to undergo
the death penalty by electrocution or gas poisoning shall be under the
coverage of the provisions of this Act upon its effectivity% &heir
sentences shall be automatically modified for this purpose%
Sec. 3. Implementing Rules. H &he Secretary of
Iustice in coordination with the Secretary of Eealth and the /ureau of
"orrections shall, within thirty >2*? days from the effectivity of this Act,
promulgate the rules to implement its provisions%
Sec. 4. Repealing Clause. H All laws, presidential
decrees and issuances, e)ecutive orders, rules and regulations or
parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly%

Sec. 5. Effectivity. H &his Act shall ta-e effect fifteen
>19? days after its publication in the .fficial @a(ette or in at least two
>0? national newspapers of general circulation, whichever comes
earlier% !ublication shall not be later than ten >1*? days after the
approval thereof%

Approved: %)*c+ 20' 1996
RULES AN RE!ULATIONS TO I%PLE%ENT
REPUBLIC ACT NO. 8177
P,*-,)nt to Section 3 o. Re/,01ic Act No. 8177 entit1e2 3AN ACT
ESI!NATIN! EAT" B# LET"AL IN$ECTION AS T"E %ET"O
O& CARR#IN! OUT CAPITAL PUNIS"%ENT' A%ENIN! &OR
T"E PURPOSE ARTICLE 81 O& T"E RE(ISE PENAL COE' AS
A%ENE B# SECTION 24 O& REPUBLIC ACT NO. 76593' t+e
,n2e*-i4ne2' in coo*2in)tion 5it+ t+e Sec*et)*6 o. "e)1t+ )n2
t+e i*ecto* o. Co**ection-' +e*e06 i--,e- t+e .o11o5in4 R,1e- to
4o7e*n t+e i8/1e8ent)tion o. -)i2 Act9
SECTION 1. .bjectives% H &hese ules see-
to ensure the orderly and humane e)ecution of the death penalty by
lethal injection%
SECTION 2. =efinition of &erms% H As used in
these ules, unless the conte)t otherwise re1uires H
a% $=eath "onvict$ or $"onvict$ shall refer to a prisoner whose
death penalty imposed by a egional &rial "ourt is affirmed by the
Supreme "ourt en banc;
b% $,ethal Injection$ refers to sodium thiopenthotal,
pancuronium bromide, potassium chloride and such other lethal
substances as may be specified by the =irector of "orrections that
will be administered intravenously into the body of a convict until said
convict is pronounced dead;
c% $/ureau$ refers to the /ureau of "orrections;
d% $=irector$ refers to the =irector of the /ureau of "orrections;
e% $Secretary$ refers to the Secretary of the =epartment of
Iustice;
SECTION 3. !rinciples% H &he following
principles shall be observed in the implementation of these ules#
a% &here shall be no discrimination in the treatment of a death
convict on account of race, color, religion, language, politics,
nationality, social origin, property, birth or other status%
b% In the e)ecution of a death penalty, the death convict shall
be spared from unnecessary an)iety or distress%
c% &he religious beliefs of the death convict shall be respected%
SECTION 4. !rison Services% H Subject to the
availability of resources, a death convict shall enjoy the following
services and privileges to encourage and enhance his self-respect
and dignity#
a% 8edical and =ental;
b% eligious, @uidance and "ounseling;
c% C)ercise;
d% Bisitation; and
e% 8ail%
SECTION 5. "onfinement% H 4henever
practicable, the death convict shall be confined in an individual cell in
a building that is e)clusively assigned for the use of death convicts%
&he convict shall be provided with a bun-, a steel5wooden bed or
mat, a pillow or blan-et and mos1uito net%
SECTION 6. eligious Services% H Subject to security
conditions, a death convict may be visited by the priest or minister of
his faith and given such available religious materials which he may
re1uire%
SECTION 7. C)ercise% H A death convict shall be allowed
to enjoy regular e)ercise periods under the supervision of a guard%
SECTION 8. 8eal Services% H 8eals shall, whenever
practicable, be served individually to a death convict inside his cell%
8ess utensils shall be made of plastic% After each meal, said utensils
shall be collected and accounted%
SECTION 9. Bisitation% H A death convict shall be allowed
to be visited by his immediate family and reputable friends at regular
intervals and during designated hours subject to security procedures%
SECTION 10. ,ist of Bisitors% H A list of persons who may visit
a death convict shall be compiled and maintained by the prison
authorities% &he list may include the members of the convictDs
immediate family such as his parents, step parents, foster parents,
brothers and sisters, wife or husband and children% &he list may, upon
the re1uest of the convict, include his grandparents, aunts, uncles, in-
laws and cousins% .ther visitors may, after investigation, be included
in the list if it will assist in raising the morale of the convict%
SECTION 11. Interviews of "onvicts% H &elevision, radio and
other interviews by media of a death convict shall not be allowed%
SECTION 12. Eandling of Inmate 8ail% H &he sending and
receiving of mail by a death convict shall be controlled to prevent illicit
communication% 8ail shall be censored in accordance with e)isting
prison rules%
SECTION 13. .utside 8ovement% H A death convict may be
allowed to leave his place of confinement only for diagnosis of a life-
threatening situation or treatment of a serious ailment, if the diagnosis
cannot be done or the treatment provided in the prison hospital%
SECTION 14. "ourt Appearance% H A death convict shall not
be brought outside the penal institution where he is confined for
appearance or attendance in any court e)cept when the Supreme
"ourt authori(es, upon proper application, said outside movement% A
judge who re1uires the appearance or attendance of a death convict
in any judicial proceeding shall conduct such proceeding within the
premises of the penal institution where the convict is confined%
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SECTION 15. Eow ,ethal Injection is to be Administered% H
&he e)ecution of the death sentence by lethal injection shall be done
under the authority of the =irector who shall endeavor to mitigate the
sufferings of the convict prior to and during the e)ecution%
SECTION 16. +otification and C)ecution of the Sentence and
Assistance to the "onvict% H &he court shall designate a wor-ing day
for the e)ecution of the death penalty but not the hour thereof% Such
designation shall only be communicated to the convict after sunrise of
the day of the e)ecution, and the e)ecution shall not ta-e place until
after the e)piration of at least eight >7? hours following the notification,
but before sunset% =uring the interval between the notification and
e)ecution, the convict shall, as far as possible, be furnished such
assistance as he may re1uest in order to be attended in his last
moments by a priest or minister of the religion he professes and to
consult his lawyers, as well as in order to ma-e a will and confer with
members of his family or of persons in charge of the management of
his business, of the administration of his property, or of the care of his
descendants%
SECTION 17. Suspension of the C)ecution of the =eath
Sentence% H C)ecution by lethal injection shall not be inflicted upon a
woman within the three years ne)t following the date of the sentence
or while she is pregnant, nor upon any person over seventy >:*?
years of age% In this latter case, the death sentence shall be
commuted to the penalty of reclusion perpetua with the accessory
penalties provided in Article 4* of the evised !enal "ode%
SECTION 18. !lace of C)ecution% H &he e)ecution by lethal
injection shall ta-e place in the prison establishment and space
thereat as may be designated by the =irector% Said place shall be
closed to public view%
SECTION 19. C)ecution !rocedure% H =etails of the procedure
prior to, during and after administering the lethal injection shall be set
forth in a manual to be prepared by the =irector% &he manual shall
contain details of, among others, the se1uence of events before and
after the e)ecution; procedures in setting up the intravenous line; the
administration of the lethal drugs; the pronouncement of death; and
the removal of the intravenous system%
Said manual shall be confidential and its distribution shall be
limited to authori(ed prison personnel%
SECTION 20. 3uantity and Safe-eeping of =rugs !urchased%
H &he e)act 1uantities of the drugs needed for an e)ecution of a
death penalty shall be purchased by the =irector pursuant to e)isting
rules and regulations not earlier than ten >1*? days before the
scheduled date of e)ecution% &he drugs shall be -ept securely at the
office of the superintendent of the prison where the death sentence is
to be e)ecuted% All unused drugs shall be inventoried and disposed of
properly under the direct supervision of the =irector%
SECTION 21. Administering ,ethal =rugs% H &he
injection of the lethal drugs to a death convict shall be made by a
person designated by the =irector%
SECTION 22. Identity of !erson Administering ,ethal
Injection% H &he identity of the person who is designated to
administer the lethal injection shall be -ept secret%
SECTION 23. !ersons 4ho 8ay 4itness C)ecution% H
&he e)ecution of a death convict shall be witnessed only by the priest
or minister assisting the offender and by his lawyers, and by his
relatives, not e)ceeding si), if the convict so desires, by the physician
and the necessary personnel of the penal establishment, and by such
persons as the =irector may authori(e%
A person below eighteen >17? years of age shall not be
allowed to witness an e)ecution%
SECTION 24. C)pulsion of 4itness% H Any
person who ma-es unnecessary noise or displays rude or improper
behavior during an e)ecution shall be e)pelled from the lethal
injection chamber%
SECTION 25. +on-ecording of C)ecution% H
&he =irector shall not allow the visual, sound or other recording of the
actual e)ecution by media or by any private person or group%
SECTION 26. =isposition of "orpse of "onvict%
H Anless claimed by his family, the corpse of a death convict shall,
upon the completion of the legal proceedings subse1uent to the
e)ecution, be turned over to an institution of learning or scientific
research first applying for it, for the purpose of study and
investigation, provided that such institution shall ta-e charge of the
decent burial of the remains% .therwise, the =irector shall order the
burial of the body of the convict at government e)pense, granting
permission to be present thereat to the members of the family of the
convict and the friends of the latter% In no case shall the burial of a
death convict be held with pomp%
SECTION 27. Cffectivity% H &hese ules shall
ta-e effect fifteen >19? days after publication in a newspaper of
general circulation%
A!!.BC=%
Adopted# April 07, 1<<:
1987 CONSTITUTION. S&$!on 19.
1. <-cessive fines shall not be imposed, nor cruel,
de'radin' or inhuman punishment inflicted. Neither shall
death penalt% be imposed, unless, for compellin'
reasons involvin' heinous crimes, the Con'ress
hereafter provides for it. An% death penalt% alread%
imposed shall be reduced to reclusion perpetua.
#. The emplo%ment of ph%sical, ps%cholo'ical, or
de'radin' punishment a'ainst an% prisoner or detainee
or the use of substandard or inade9uate penal facilities
under subhuman conditions shall be dealt with b% law.
RPC' A#. 12. Death. *ts accessory penalties!
I The death penalt%, when it is not e-ecuted b% reason
of commutation or pardon shall carr% with it that of
perpetual absolute dis9ualification and that of civil
interdiction durin' thirt% %ears followin' the date
sentence, unless such accessor% penalties have been
e-pressl% remitted in the pardon.
RPC' A#. 17. *n #hat cases the eath
penalty shall not be impose. I The death penalt%
shall be imposed in all cases in which it must be
imposed under e-istin' laws, e-cept in the followin'
cases.
1. Ahen the 'uilt% person be more than sevent%
%ears of a'e.
#. Ahen upon appeal or revision of the case b%
the $upreme court, all the members thereof are not
unanimous in their votin' as to the propriet% of the
imposition of the death penalt%. Cor the imposition of
said penalt% or for the confirmation of a +ud'ment of the
inferior court imposin' the death sentence, the $upreme
Court shall render its decision per curiam, which shall be
si'ned b% all +ustices of said court, unless some member
or members thereof shall have been dis9ualified from
ta/in' part in the consideration of the case, in which
even the unanimous vote and si'nature of onl% the
remainin' +ustices shall be re9uired.
*a+orit% vote of the $C is re9uired for the
imposition of the death penalt%.
The 1:; Constitution suspended the
imposition of the death penalt% but RA ;0!: restored it.
)eath penalt% is not imposed in the followin'
cases.
a. Ahen the
'uilt% person is below 1 %ears of a'e at the
time of the commission of the crime.
b. Ahen the
'uilt% person is more than ;= %ears of a'e.
c. Ahen upon
appeal or automatic review of the case b% the
$C, the vote of members is not obtained for
the imposition of the death penalt%.
The death penalt% is not e-cessive, un+ust or cruel
within the meanin' of that word in the Constitution.
Punishments are cruel when the% involve torture or
lin'erin' death.
RA #:0 providin' that ei'ht +ustices must concur
in the imposition of death penalt% is retroactive.
/ viv Pa'e :#
#==>?#==!
Review b% the $C of the death sentence is
absolutel% necessar%.
6n what crimes is death penalt% imposed.
1. Treason
#. Pirac%
3. Qualified Pirac%
>. Qualified briber%
!. Parricide
0. *urder
;. 6nfanticide
. Oidnappin' and serious
ille'al detention
:. Robber% with homicide
1=. )estructive arson
11. Rape with homicide
1#. Plunder
13. Certain violations of the
)an'erous )ru's Act
1>. Carnappin'
RPC' A#. 81. 0hen an ho# the eath penalty is
to be execute! I The death sentence shall be
e-ecuted with reference to an% other and shall consist in
puttin' the person under sentence to death b%
electrocution. The death sentence shall be e-ecuted
under the authorit% of the )irector of Prisons,
endeavorin' so far as possible to miti'ate the sufferin's
of the person under sentence durin' electrocution as
well as durin' the proceedin's prior to the e-ecution.
6f the person under sentence so desires, he shall be
anaestheti4ed at the moment of the electrocution.
)eath sentence shall be e-ecuted with preference to
an% other penalt%.
)eath sentence is e-ecuted b% lethal in+ection.
The death sentence shall be carried out not earlier
than 1 %ear nor later than 1 months after the +ud'ment
becomes final and e-ecutor%, without pre+udice to the
e-ercise b% the President of his e-ecutive clemenc%
powers.
A#. 8.. Notification an execution of the
sentence an assistance to the culprit! I The court
shall desi'nate a wor/in' da% for the e-ecution but not
the hour thereofF and such desi'nation shall not be
communicated to the offender before sunrise of said
da%, and the e-ecution shall not ta/e place until after
the e-piration of at least ei'ht hours followin' the
notification, but before sunset. )urin' the interval
between the notification and the e-ecution, the culprit
shall, in so far as possible, be furnished such assistance
as he ma% re9uest in order to be attended in his last
moments b% priests or ministers of the reli'ion he
professes and to consult law%ers, as well as in order to
ma/e a will and confer with members of his famil% or
persons in char'e of the mana'ement of his business, of
the administration of his propert%, or of the care of his
descendants.
A convict sentenced to death ma% ma/e a will.
A#. 8@. Suspension of the execution of
the eath sentence. I The death sentence shall not
be inflicted upon a woman within the three %ears ne-t
followin' the date of the sentence or while she is
pre'nant, nor upon an% person over sevent% %ears of
a'e. 6n this last case, the death sentence shall be
commuted to the penalt% of reclusion perpetua with the
accessor% penalties provided in Article >=.
)eath sentence shall be suspended when the accused
is a.
a. Aoman, while pre'nantF
b. Aoman, within one %ear after deliver%F
c. Person over ;= %ears of a'eF
d. Convict who becomes insane after final
sentence of death has been pronounced.
Art. >; provides for cases in which death penalt% is
not to be imposed. 2n the other hand, Art. 3 provides
for suspension onl% of the e-ecution of death sentence.
RTC can suspend e-ecution of death sentence.
The records of the case shall be forwarded to the
2ffice of the President, when the death sentence has
become final, for possible e-ercise of the pardonin'
power.
A#. 81. Place of execution an persons
#ho may #itness the same! I The e-ecution shall
ta/e place in the penitentiar% of (ilibid in a space closed
to the public view and shall be witnessed onl% b% the
priests assistin' the offender and b% his law%ers, and b%
his relatives, not e-ceedin' si-, if he so re9uest, b% the
ph%sician and the necessar% personnel of the penal
establishment, and b% such persons as the )irector of
Prisons ma% authori4e.
The e-ecution shall ta/e place in the penitentiar% or
(ilibid in a space closed to the public view.
PERSONS WHO MAY WITNESS EGECUTIOND
a. priests assistin' the offenderF
b. offenderBs law%ersF
c. offenderBs relatives, not e-ceedin' si-, if so
re9uestedF
d. ph%sician, and
e. necessar% personnel of penal establishment
a person below 1 %ears of a'e ma% not be allowed
to witness an e-ecution.
RPC' A#. 8(. Provisions relative to the corpse of
the person execute an its burial. I 3nless claimed
b% his famil%, the corpse of the culprit shall, upon the
completion of the le'al proceedin's subse9uent to the
e-ecution, be turned over to the institute of learnin' or
scientific research first appl%in' for it, for the purpose of
stud% and investi'ation, provided that such institute
shall ta/e char'e of the decent burial of the remains.
2therwise, the )irector of Prisons shall order the burial
of the bod% of the culprit at 'overnment e-pense,
'rantin' permission to be present thereat to the
members of the famil% of the culprit and the friends of
the latter. 6n no case shall the burial of the bod% of a
person sentenced to death be held with pomp.
The burial of the bod% of a person sentenced to death
should not be held with pomp.
? The purpose of the law is to prevent an%one
from ma/in' a hero out of a criminal.
P&o*%& +. E$;&-,#,> (1990)
Facts: <che'ara% was sentenced to death
penalt% for rapin' his 1=?%ear@old dau'hter. 2n appeal,
the accused claimed that the penalt% imposed b% the
court is erroneous under RA ;0!: because he is neither
/ viv Pa'e :3
#==>?#==!
a father, stepfather nor 'randfather of Rodessa althou'h
he was a confirmed lover of the RodessaBs mother.
Held: Ahere the accused is a confirmed lover
of the victimBs mother, he falls s9uarel% within $ec. 11 of
RA ;0!: under the term 5common?law spouse of the
parent of the victim.7 Also, the fact that the victim
referred to the accused as 5Papa7 is reason enou'h to
conclude that the accused is either the farther or
stepfather of the victim.
E$;&-,#,> +. S&$#&,#> o8 7"s!$& (1999)
Facts: 3pon conviction of <che'ara% in People
v. <che'ara%, the $C temporaril% restrained the
e-ecution of its own decision. The respondents claim
that $C has no more +urisdiction over the case because
+ud'ment has become final and it cannot restrain the
e-ecution of its decision.
Held: The rule on finalit% of +ud'ment cannot
divest the $C of its +urisdiction to e-ecute and enforce
the same +ud'ment. Notwithstandin' the order of
e-ecution and the e-ecutor% nature thereof on the date
set, the date can be postponed. The power to control the
e-ecution of its decision is an essential aspect of
+urisdiction @ supervenin' events ma% chan'e the
circumstance of the parties and compel the courts to
intervene and ad+ust the ri'hts of the liti'ants to prevent
unfairness. The $C did not restrain the effectivit% of the
law enacted b% the Con'ress. 6t merel% restrained the
e-ecution of its +ud'ment to 'ive reasonable time to
chec/ its fairness in li'ht of supervenin' events in
Con'ress.
P&o*%& +. Es*,#,s (1990)
Facts: <sparas was char'ed with violation of
RA 0>#! as amended b% RA ;!: for importin' into the
countr% #=/' of shabu. As the accused remains at lar'e
up to the present time, the issue that confronts the
Court is whether or not it will proceed to automaticall%
review her death sentence.
Held: The reimposition of the death penalt%
revived the procedure b% which the $upreme Court
reviews death penalt% cases pursuant to the Rules of
Court @ it remains automatic and continues to be
mandator% and does not depend on the whims of the
death convict and leaves the $C without an% option. An%
court decision authori4in' the $tate to ta/e life must be
as error?free as possible. 6t is not onl% within the power
of the $C but also it is its dut% to review all death
penalt% cases.
$ec. of Rule 1#> of the Rules of Court which
authori4es the dismissal of an appeal when the appellant
+umps bail has no application to cases where the death
penalt% has been imposed.
P&o*%& +. M"noF (1989)
Facts: 2f the 11 persons who were char'ed
with murder, onl% > were identified and convicted. The%
were held 'uilt% for /illin' 3 persons.
Held: The advocates of the *asan'/a% rulin'
ar'ue that the Constitution abolished the death penalt%
and thereb% limited the penalt% for murder to the
remainin' periods, to wit, the minimum and the
medium. ,owever, a readin' of the Constitution will
readil% show that there is reall% nothin' therein which
e-pressl% declares the abolition of death penalt%. 6t
merel% states that the death penalt% shall not be
imposed unless for compellin' reasons involvin' heinous
crimes the Con'ress hereafter provides for it and, if
alread% imposed, shall be reduced to reclusion perpetua.
The Constitution does not chan'e the
periods of the penalt% prescribed b% Art. #> of the RPC,
e-cept onl% in so far as it prohibits the imposition of the
death penalt% and reduces it to reclusion perpetua. The
ran'e of the medium and minimum penalties remains
unchan'ed. The problem in an event is addressed not to
this Court but to the Con'ress.
A/o%!!on o8 ;& D&,; P&n,%>
R&*"/%!$ A$ No. 9@10
P&o*%& +. Bon (.220)
Held. Ket in truth, there is no material
difference between 5imposition7 and 5application,7 for
both terms embod% the operation in law of the death
penalt%. $ince Article ;1 denominates 5death7 as an
element in the 'raduated scale of penalties, there is no
9uestion that the operation of Article ;1 involves the
actual ,**%!$,!on of the death penalt% as a means of
determinin' the e-tent which a personBs libert% is to be
deprived. $ince Rep. Act No. :3>0 une9uivocall% bars
the application of the death penalt%, as well as e-pressl%
repeals all such statutor% provisions re9uirin' the
application of the death penalt%, such effect necessaril%
e-tends to its relevance to the 'raduated scale of
penalties under Article ;1.
The court cannot find basis to conclude that
Rep. Act No. :3>0 intended to retain the operative
effects of the death penalt% in the 'raduation of the
other penalties in our penal laws. *uno4 cannot en+oin
us to adopt such conclusion. Rep. Act No. :3>0 is not
swaddled in the same restraints appreciated b% *uNo4
on $ection 1:(1", Article 666. The ver% Con'ress
empowered b% the Constitution to reinstate the
imposition of the death penalt% once thou'ht it best to
do so, throu'h Rep. Act No. ;0!=. Aithin the same
realm of constitutional discretion, Con'ress has reversed
itself. 6t must be asserted that toda%, the le'al status of
the suppression of the death penalt% in the Philippines
has never been more secure than at an% time in our
political histor% as a nation.
AFFLICTI)E PENALTIES
A#. .7. Reclusion perpetua! I An% person
sentenced to an% of the perpetual penalties shall be
pardoned after under'oin' the penalt% for thirt% %ears,
unless such person b% reason of his conduct or some
other serious cause shall be considered b% the Chief
<-ecutive as unworth% of pardon.
Reclusion temporal. I The penalt% of
reclusion temporal shall be from twelve %ears and one
da% to twent% %ears.
Prision mayor an temporary
is-ualification. I The duration of the penalties of
prision ma%or and temporar% dis9ualification shall be
from si- %ears and one da% to twelve %ears, e-cept
when the penalt% of dis9ualification is imposed as an
accessor% penalt%, in which case its duration shall be
that of the principal penalt%.
A#. 11. Reclusion perpetua an reclusion
temporal. "heir accessory penalties. I The
penalties of reclusion perpetua and reclusion temporal
shall carr% with them that of civil interdiction for life or
durin' the period of the sentence as the case ma% be,
and that of perpetual absolute dis9ualification which the
offender shall suffer even thou'h pardoned as to the
/ viv Pa'e :>
#==>?#==!
principal penalt%, unless the same shall have been
A#. 1.. Prision mayor. *ts accessory
penalties! I The penalt% of prision ma%or, shall carr%
with it that of temporar% absolute dis9ualification and
that of perpetual special dis9ualification from the ri'ht of
suffra'e which the offender shall suffer althou'h
pardoned as to the principal penalt%, unless the same
shall have been e-pressl% remitted in the pardon.
RECLUSION PERPETUA
D"#,!on. #= %ears and 1 da% to >= %ears
A$$&sso#> P&n,%!&sD
a. Civil interdiction for life or durin'
the period of the sentence as the case ma% be.
b. Perpetual Absolute
)is9ualification which the offender shall suffer
even thou'h pardoned as to the principal
penalt%, unless the same shall have been
P&o*%& +. 6,9,#4 (1997)
Facts: The accused was convicted of violatin'
the )an'erous )ru's Act for unlawfull% importin' into
the Philippines heroin. The trial court sentenced the
accused to suffer the penalt% of imprisonment for 3!
%ears of reclusion perpetua there bein' no a''ravatin'
or miti'atin' circumstance shown to have attended in
Held: As amended b% RA ;0!:, the penalt% of
reclusion perpetua is now accorded a defined duration
ran'in' from #= %ears and 1 da% to >= %ears. The Court
held that in spite of the amendment puttin' the duration
of RP, it should remain as an indivisible penalt% since
there was never an intent on the part of Con'ress to
reclassif% it into a divisible penalt%. The ma-imum
duration of reclusion perpetua is not and has never been
3= %ears which is merel% the number of ears which the
convict must serve in order to be eli'ible for pardon or
for the application of the 3?fold rule.
P&o*%& +. B,%%,/,#& (1990)
Held: The trial court erred in imposin'
the penalt% of life imprisonment for violation of P) 100.
The crime of ille'al possession of firearm in its
a''ravated form is punished b% the penalt% of death.
$ince the offense was committed on $ep. 10, 1::=, at a
time when the imposition of the death penalt% was
prohibited, the penalt% ne-t lower in de'ree which is
reclusion perpetua should be imposed. This is not
e9uivalent to life imprisonment. Ahile life imprisonment
ma% appear to be the <n'lish translation of reclusion
perpetua, in realit%, it 'oes deeper than that.
Reclusion Perpetua as indivisible penalty
P&o*%& +. R,3!#&F (.221)
Facts: (aNe4 invited 8o+o to a drin/in' spree in
a nearb% store. The% sat side b% side a bench outside
the store while e-chan'in' pleasantries and drin/in'.
Ramire4 suddenl% came in front of them. Ramire4
ordered beer then he calml% approached and stabbed
8o+o which caused the latters death. The trial court
sentenced appellant Lto suffer imprisonment of >= %ears
reclusion perpetua.L
Held: The $C disa'rees with the trial court in
sentencin' appellant Lto suffer imprisonment of fort%
(>=" %ears reclusion perpetua.L There was no
+ustification or need for the trial court to specif% the
len'th of imprisonment, because reclusion perpetua is
an indivisible penalt%. The si'nificance of this
fundamental principle was laid down b% the Court in
People v. )i9uit. L$ince reclusion perpetua is an
indivisible penalt%, it has no minimum, medium or
ma-imum periods. 6t is imposed in its entiret%
re'ardless of an% miti'atin' or a''ravatin'
circumstances that ma% have attended the commission
of the crime. (Art. 03, Revised Penal Code" Reclusion
Perpetua is imprisonment for life but the person
sentenced to suffer it shall be pardoned after under'oin'
the penalt% for thirt% (3=" %ears, unless b% reason of his
conduct or some other serious cause, he shall be
considered b% the Chief <-ecutive as unworth% of pardon
(Art. #;, Revised Penal Code".L
LIFE IMPRISONMENT RECLUSION PERPETUA
6mposed for serious
offenses penali4ed b%
special laws
Prescribed under the RPC
)oes not carr% with it
accessor% penalties
Carries with it accessor%
penalties
)oes not appear to have
an% definite e-tent or
duration
<ntails imprisonment for at
least 3= %ears after which
the convict becomes
eli'ible for pardon
althou'h the ma-imum
period shall in no case
e-ceed >= %ears
RECLUSION TEMPORAL
D"#,!onD 1# %ears and 1 da% to #= %ears
A$$&sso#> P&n,%!&sD
a. Civil interdiction for life or durin' the period of
the sentence as the case ma% be.
b. Perpetual Absolute )is9ualification which the
offender shall suffer even thou'h pardoned as
to the principal penalt%, unless the same shall
have been e-pressl% remitted in the pardon.
PRISION MAYOR
D"#,!onD 0 %ears and 1 da% to 1# %ears
A$$&sso#> P&n,%!&sD
a. Temporar% Absolute )is9ualification
b. Perpetual $pecial )is9ualification from the ri'ht
to suffra'e which the offender shall suffer
althou'h pardoned as to the principal penalt%
unless the same shall have been e-pressl%
remitted in the pardon.
CORRECCIONAL PENALTIES
A#. .7 (1). Prision correccional& suspension& an
estierro! I The duration of the penalties of prision
correccional, suspension and destierro shall be from si-
months and one da% to si- %ears, e-cept when
suspension is imposed as an accessor% penalt%, in which
case, its duration shall be that of the principal penalt%.
$rresto mayor! I The duration of the penalt%
of arresto ma%or shall be from one month and one da%
to si- months.
/ viv Pa'e :!
#==>?#==!
A#. @9. Subsiiary penalty. I 6f the convict has no
propert% with which to meet the fine mentioned in the
para'raph 3 of the nest precedin' article, he shall be
sub+ect to a subsidiar% personal liabilit% at the rate of
one da% for each ei'ht pesos, sub+ect to the followin'
rules.
1. 6f the principal penalt% imposed be prision
correccional or arresto and fine, he shall remain under
confinement until his fine referred to in the precedin'
para'raph is satisfied, but his subsidiar% imprisonment
shall not e-ceed one?third of the term of the sentence,
and in no case shall it continue for more than one %ear,
and no fraction or part of a da% shall be counted a'ainst
the prisoner.
#. Ahen the principal penalt% imposed be onl%
a fine, the subsidiar% imprisonment shall not e-ceed si-
months, if the culprit shall have been prosecuted for a
'rave or less 'rave felon%, and shall not e-ceed fifteen
da%s, if for a li'ht felon%.
3. Ahen the principal imposed is hi'her than
prision correccional, no subsidiar% imprisonment shall be
imposed upon the culprit.
>. 6f the principal penalt% imposed is not to be
e-ecuted b% confinement in a penal institution, but such
penalt% is of fi-ed duration, the convict, durin' the
period of time established in the precedin' rules, shall
continue to suffer the same deprivations as those of
which the principal penalt% consists.
!. The subsidiar% personal liabilit% which the
convict ma% have suffered b% reason of his insolvenc%
shall not relieve him, from the fine in case his financial
circumstances should improve. (As amended b% RA
!>0!, April #1, 1:0:".
A#. 1@. Prision correccional. *ts accessory
penalties. I The penalt% of prision correccional shall
carr% with it that of suspension from public office, from
the ri'ht to follow a profession or callin', and that of
perpetual special dis9ualification from the ri'ht of
suffra'e, if the duration of said imprisonment shall
e-ceed ei'hteen months. The offender shall suffer the
dis9ualification provided in the article althou'h pardoned
as to the principal penalt%, unless the same shall have
been e-pressl% remitted in the pardon.
A#. 11. $rresto- 4ts accessory penalties. I
The penalt% of arresto shall carr% with it that of
suspension of the ri'ht too hold office and the ri'ht of
suffra'e durin' the term of the sentence.
PRISION CORRECCIONAL
D"#,!onD 0 months and 1 da% to 0 %ears
A$$&sso#> P&n,%!&sD
a. $uspension from public office
b. $uspension from the ri'ht to follow a
profession or callin'
c. Perpetual $pecial )is9ualification fro the ri'ht
of suffra'e, if the duration of the imprisonment
shall e-ceed 1 months
ARRESTO MAYOR
D"#,!onD 1 month and 1 da% to 0 months
A$$&sso#> P&n,%!&sD
a. $uspension of ri'ht to hold office
b. $uspension of the ri'ht of suffra'e durin' the
term of the sentence.
LI6HT PENALTIES
A#. .7 (0). $rresto menor! I The duration
of the penalt% of arresto menor shall be from one da% to
thirt% da%s.
A#. @9. Subsiiary penalty. I 6f the convict
has no propert% with which to meet the fine mentioned
in the para'raph 3 of the nest precedin' article, he shall
be sub+ect to a subsidiar% personal liabilit% at the rate of
one da% for each ei'ht pesos, sub+ect to the followin'
rules.
1. 6f the principal penalt% imposed be prision
correccional or arresto and fine, he shall remain under
confinement until his fine referred to in the precedin'
para'raph is satisfied, but his subsidiar% imprisonment
shall not e-ceed one?third of the term of the sentence,
and in no case shall it continue for more than one %ear,
and no fraction or part of a da% shall be counted a'ainst
the prisoner.
#. Ahen the principal penalt% imposed be onl%
a fine, the subsidiar% imprisonment shall not e-ceed si-
months, if the culprit shall have been prosecuted for a
'rave or less 'rave felon%, and shall not e-ceed fifteen
da%s, if for a li'ht felon%.
3. Ahen the principal imposed is hi'her than
prision correccional, no subsidiar% imprisonment shall be
imposed upon the culprit.
>. 6f the principal penalt% imposed is not to be
e-ecuted b% confinement in a penal institution, but such
penalt% is of fi-ed duration, the convict, durin' the
period of time established in the precedin' rules, shall
continue to suffer the same deprivations as those of
which the principal penalt% consists.
!. The subsidiar% personal liabilit% which the
convict ma% have suffered b% reason of his insolvenc%
shall not relieve him, from the fine in case his financial
circumstances should improve. (As amended b% RA
!>0!, April #1, 1:0:".
A#. 11. $rresto. 4ts accessory penalties. I The
penalt% of arresto shall carr% with it that of suspension
of the ri'ht too hold office and the ri'ht of suffra'e
durin' the term of the sentence.
ARRESTO MENOR
D"#,!onD 1 da% to 3= da%s
A$$&sso#> P&n,%!&sD
a. $uspension of ri'ht to hold office
b. $uspension of the ri'ht of suffra'e durin' the
term of the sentence.
PUBLIC CENSURE
Censure, bein' a penalt% is not proper in ac9uittal.
PENALTIES COMMON TO AFFLICTI)E'
CORRECCIONAL AND LI6HT PENALTIES
FINE
A#. .0. 0hen afflictive& correctional& or
light penalty. I A fine, whether imposed as a sin'le of
as an alternative penalt%, shall be considered an
afflictive penalt%, if it e-ceeds 0,=== pesosF a
correctional penalt%, if it does not e-ceed 0,=== pesos
/ viv Pa'e :0
#==>?#==!
but is not less than #== pesosF and a li'ht penalt% if it
less than #== pesos.
This article merel% classifies fine and has nothin' to do
with the definition of li'ht felon%.
Cine is.
1. Afflictive @ over P0,===
#. Correctional @ P#== to P0,===
3. &i'ht Penalt% @ less than P#==
A#. 00. *mposition of fines! I 6n imposin'
fines the courts ma% fi- an% amount within the limits
established b% lawF in fi-in' the amount in each case
attention shall be 'iven, not onl% to the miti'atin' and
a''ravatin' circumstances, but more particularl% to the
wealth or means of the culprit.
The court can fi- an% amount of the fine within the
limits established b% law.
The court must consider.
a. The miti'atin' and a''ravatin' circumstancesF and
b. *ore particularl%, the wealth or means of the
culprit.
Ahen the law does not fi- the minimum of the fine,
the determination of the amount of the fine to be
imposed upon the culprit is left to the sound discretion
of the court, provided it shall not e-ceed the ma-imum
authori4ed b% law.
Cines are not divided into 3 e9ual portions.
BOND TO CEEP THE PEACE
A#. @(. Effects of bon to %eep the peace!
I 6t shall be the dut% of an% person sentenced to 'ive
bond to /eep the peace, to present two sufficient
sureties who shall underta/e that such person will not
commit the offense sou'ht to be prevented, and that in
case such offense be committed the% will pa% the
amount determined b% the court in the +ud'ment, or
otherwise to deposit such amount in the office of the
cler/ of the court to 'uarantee said underta/in'.
The court shall determine, accordin' to its
discretion, the period of duration of the bond.
$hould the person sentenced fail to 'ive the
bond as re9uired he shall be detained for a period which
shall in no case e-ceed si- months, is he shall have been
prosecuted for a 'rave or less 'rave felon%, and shall not
e-ceed thirt% da%s, if for a li'ht felon%.
The offender must present # sufficient
sureties who shall underta/e that the offender will not
commit the offense sou'ht to be prevented, and that in
case such offense be committed the% will pa% the
amount determined b% the courtF or
The offender must deposit such amount with
the cler/ of court to 'uarantee said underta/in'F or
The offender ma% be detained, if he cannot
'ive the bond, for a period not to e-ceed 0 months if
prosecuted for gra!e or less gra!e felony# or for a period
not to e-ceed 3= da%s, if for a light felony.
(ond to /eep the peace is different from bail bon which
is posted for the provisional release of a person arrested
for or accused of a crime.
D. ACCESSORY PENALTIES
A#. @2. Effects of the penalties of perpetual or
temporary absolute is-ualification. I The penalties
of perpetual or temporar% absolute dis9ualification for
public office shall produce the followin' effects.
1. The deprivation of the public offices and
emplo%ments which the offender ma% have held even if
conferred b% popular election.
#. The deprivation of the ri'ht to vote in an%
election for an% popular office or to be elected to such
office.
3. The dis9ualification for the offices or public
emplo%ments and for the e-ercise of an% of the ri'hts
mentioned.
6n case of temporar% dis9ualification, such
dis9ualification as is comprised in para'raphs # and 3 of
this article shall last durin' the term of the sentence.
>. The loss of all ri'hts to retirement pa% or
other pension for an% office formerl% held.
A#. @1. Effect of the penalties of perpetual or
temporary special is-ualification. I The penalties
of perpetual or temporal special dis9ualification for
public office, profession or callin' shall produce the
followin' effects.
1. The deprivation of the office, emplo%ment,
profession or callin' affectedF
#. The dis9ualification for holdin' similar
offices or emplo%ments either perpetuall% or durin' the
term of the sentence accordin' to the e-tent of such
dis9ualification.
A#. @.. Effect of the penalties of perpetual or
temporary special is-ualification for the exercise
of the right of suffrage! I The perpetual or temporar%
special dis9ualification for the e-ercise of the ri'ht of
suffra'e shall deprive the offender perpetuall% or durin'
the term of the sentence, accordin' to the nature of said
penalt%, of the ri'ht to vote in an% popular election for
an% public office or to be elected to such office.
*oreover, the offender shall not be permitted to hold
an% public office durin' the period of his dis9ualification.
A#. @@. Effects of the penalties of suspension from
any public office& profession or calling& or the right
of suffrage! I The suspension from public office,
profession or callin', and the e-ercise of the ri'ht of
suffra'e shall dis9ualif% the offender from holdin' such
office or e-ercisin' such profession or callin' or ri'ht of
suffra'e durin' the term of the sentence.
The person suspended from holdin' public office shall
not hold another havin' similar functions durin' the
period of his suspension.
A#. @1. Civil interiction. I Civil interdiction shall
deprive the offender durin' the time of his sentence of
the ri'hts of parental authorit%, or 'uardianship, either
as to the person or propert% of an% ward, of marital
authorit%, of the ri'ht to mana'e his propert% and of the
ri'ht to dispose of such propert% b% an% act or an%
conve%ance inter vivos.
A#. 11. Reclusion perpetua an reclusion
temporal. "heir accessory penalties! I The
penalties of reclusion perpetua and reclusion temporal
shall carr% with them that of civil interdiction for life or
durin' the period of the sentence as the case ma% be,
and that of perpetual absolute dis9ualification which the
offender shall suffer even thou'h pardoned as to the
/ viv Pa'e :;
#==>?#==!
A#. 1.. Prision mayor. *ts accessory penalties! I
The penalt% of prision ma%or, shall carr% with it that of
temporar% absolute dis9ualification and that of perpetual
special dis9ualification from the ri'ht of suffra'e which
the offender shall suffer althou'h pardoned as to the
A#. 1@. Prision correccional. *ts accessory
penalties. I The penalt% of prision correccional shall
carr% with it that of suspension from public office, from
the ri'ht to follow a profession or callin', and that of
perpetual special dis9ualification from the ri'ht of
suffra'e, if the duration of said imprisonment shall
e-ceed ei'hteen months. The offender shall suffer the
dis9ualification provided in the article althou'h pardoned
as to the principal penalt%, unless the same shall have
been e-pressl% remitted in the pardon.
A#. 11. $rresto. *ts accessory penalties! I The
penalt% of arresto shall carr% with it that of suspension
of the ri'ht to hold office and the ri'ht of suffra'e durin'
the term of the sentence.
A#. 1(. Confiscation an forfeiture of the procees
or instruments of the crime! I <ver% penalt%
imposed for the commission of a felon% shall carr% with
it the forfeiture of the proceeds of the crime and the
instruments or tools with which it was committed.
$uch proceeds and instruments or tools shall be
confiscated and forfeited in favor of the 1overnment,
unless the% be propert% of a third person not liable for
the offense, but those articles which are not sub+ect of
lawful commerce shall be destro%ed.
PERPETUAL OR TEMPORARY ABSOLUTE
DISBUALIFICATION
E88&$sD
a. )eprivation of an% public office or emplo%ment
f offender
b. )eprivation of the ri'ht to vote in an% election
or to be voted upon
c. &oss of ri'hts to retirement pa% or pension
All these effects last durin' the lifetime of the convict
and even after the service of the sentence e-cept as
re'ards para'raphs # and 3 of the above in connection
with temporar% absolute dis9ualification.
PERPETUAL OR TEMPORARY SPECIAL
DISBUALIFICATION
E88&$sD
For public office# profession or calling:
a. )eprivation of the office, emplo%ment, profession
or callin' affectedF
b. )is9ualification for holdin' similar offices or
emplo%ments durin' the period of dis9ualificationF
For the exercise of right to suffrage:
c. )eprivation of the ri'ht to vote or to be elected in
an officeF
d. Cannot hold an% public office durin' the period of
dis9ualification
The penalt% for dis9ualification if imposed as an
accessor% penalt% is imposed for PR2T<CT62N and N2T
for the withholdin' of a privile'e.
Temporar% dis9ualification or suspension if imposed as
an accessor% penalt%, the duration is the same as that of
the principal penalt%.
SUSPENSION FROM PUBLIC OFFICE' THE RI6HT TO
)OTE AND BE )OTED FOR' THE RI6HT TO
PRACTICE A PROFESSION OR CALLIN6
E88&$sD
a. )is9ualification from holdin' such office or the
e-ercise of such profession or ri'ht of suffra'e
durin' the term of the sentenceF
b. Cannot hold another office havin' similar
functions durin' the period of suspension.
CI)IL INTERDICTION
E88&$sD
)eprivation of the followin' ri'hts.
1" Parental
authorit%
#" 1uardianship
over the ward
3" *arital authorit%
>" Ri'ht to mana'e
propert% and to dispose of the same b% acts
inter vivos
Civil interdiction is an accessor% penalt% to the
followin' principal penalties.
a" )eath if commuted to life imprisonmentF
b" Reclusion perpetua
c" Reclusion temporal
INDEMNIFICATION OR CONFISCATION OF
INSTRUMENTS ORPROCEES OF THEOFFENSE
This is included in ever% penalt% for the commission of
the crime.
The confiscation is in favor of the 'overnment.
Propert% of a third person not liable for the offense is
not sub+ect to confiscation.
6f the trial court did not order an% confiscation of the
procees of the crime, the 'overnment cannot appeal
from the confiscation as that would increase the penalt%
alread% imposed.
PAYMENT OF COSTS
6ncludes.
a. Cees, and
b. 6ndemnities, in the course of +udicial
proceedin's.
Costs ma% be fi-ed amounts alread% determined b%
law or re'ulations or amounts sub+ect to a schedule.
6f the accused is convictedF costs ma% be char'ed
a'ainst him. 6f he is ac9uitted, costs are de officio#
meanin' each part% bears his own e-pense.
E. MEASURES NOT CONSIDERED PENALTY
RPC' A#. .1. )easures of prevention or
safety #hich are nor consiere penalties. I The
followin' shall not be considered as penalties.
1. The arrest and temporar% detention of
accused persons, as well as their detention b% reason of
/ viv Pa'e :
#==>?#==!
insanit% or imbecilit%, or illness re9uirin' their
confinement in a hospital.
#. The commitment of a minor to an% of the
institutions mentioned in Article = and for the purposes
specified therein.
3. $uspension from the emplo%ment of public
office durin' the trial or in order to institute proceedin's.
>. Cines and other corrective measures which,
in the e-ercise of their administrative disciplinar%
powers, superior officials ma% impose upon their
subordinates.
!. )eprivation of ri'hts and the reparations
which the civil laws ma% establish in penal form.
The% are not penalties because the% are not imposed
as a result of +udicial proceedin's. Those mentioned in
par. 3 and > are merel% preventive measures before
conviction of offenders.
The commitment of a minor mentioned in par. # is not
a penalt% because it is not imposed b% the court in a
+ud'ment of conviction. The imposition of the sentence
in such case is suspended.
The succeedin' provisions are some e-amples of
deprivation of ri'hts established in penal form.
F,3!%> Co4&' A#. ..8. Parental authorit%
terminates permanentl%.
(1" 3pon the death of the parentsF
(#" 3pon the death of the childF or
(3" 3pon emancipation of the child. (3#;a"
F,3!%> Co4&' A#. ..9. 3nless subse9uentl%
revived b% a final +ud'ment, parental authorit% also
terminates.
(1" 3pon adoption of the childF
(#" 3pon appointment of a 'eneral 'uardianF
(3" 3pon +udicial declaration of abandonment
of the child in a case filed for the purposeF
(>" 3pon final +ud'ment of a competent court
divestin' the part% concerned of parental authorit%F or
(!" 3pon +udicial declaration of absence or
incapacit% of the person e-ercisin' parental authorit%.
(3#;a"
F. APPLICATION AND COMPUTATION OF
PENALTIES
A#. .8. Computation of penalties. I 6f the
offender shall be in prison, the term of the duration of
the temporar% penalties shall be computed from the da%
on which the +ud'ment of conviction shall have become
final.
6f the offender be not in prison, the term of the
duration of the penalt% consistin' of deprivation of
libert% shall be computed from the da% that the offender
is placed at the disposal of the +udicial authorities for the
enforcement of the penalt%. The duration of the other
penalties shall be computed onl% from the da% on which
the defendant commences to serve his sentence.
R"%&s 8o# ;& $o3*",!on o8 *&n,%!&sD
1. ;H15 ,H1 'FF15D1R 4S 45 PR4S'5 @ the
duration of temporar% penalties is from the da% on
which the +ud'ment of conviction becomes final.
#. ;H15 ,H1 'FF15D1R 4S 5', 45 PR4S'5
@ the duration of penalt% consistin' 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%.
3. ,H1 D)R/,4'5 'F ',H1R P15/3,41S @
the duration is from the da% on which the offender
commences to serve his sentence
E:,3*%&s o8 &3*o#,#> *&n,%!&sD
1. Temporar% absolute dis9ualification
#. Temporar% special dis9ualification
3. $uspension
6f offender is under detention, as when he is
under'oin' preventive imprisonment, Rule No. 1 applies.
6f not under detention, because the offender has been
released on bail, Rule No. 3 applies.
E:,3*%&s o8 *&n,%!&s $ons!s!n- !n 4&*#!+,!on o8
%!/&#>D
1. 6mprisonment
#. )estierro
Ahen the offender is not in prison, Rule No. # applies.
6f the offender is under'oin' preventive
imprisonment, Rule No. 3 applies but the offender is
entitled to a deduction of full time or >D! of the time of
his detention.
A#. .9. Perio of preventive
imprisonment eucte from term of
imprisonment! I 2ffenders who have under'one
preventive imprisonment shall be credited in the service
of their sentence consistin' of deprivation of libert%, with
the full time durin' which the% have under'one
preventive imprisonment, if the detention prisoner
a'rees voluntaril% in writin' to abide b% the same
disciplinar% rules imposed upon convicted prisoners,
e-cept in the followin' cases.
1. Ahen the% are recidivists or have been
convicted previousl% twice or more times of an% crimeF
and
#. Ahen upon bein' summoned for the
e-ecution of their sentence the% have failed to surrender
voluntaril%.
6f the detention prisoner does not a'ree to
abide b% the same disciplinar% rules imposed upon
convicted prisoners, he shall be credited in the service of
his sentence with four?fifths of the time durin' which he
has under'one preventive imprisonment. (As amended
b% Republic Act 01#;, 8une 1;, 1:;=".
Ahenever an accused has under'one
preventive imprisonment for a period e9ual to or more
than the possible ma-imum imprisonment of the offense
char'ed to which he ma% be sentenced and his case is
not %et terminated, he shall be released immediatel%
without pre+udice to the continuation of the trial thereof
or the proceedin' on appeal, if the same is under
review. 6n case the ma-imum penalt% to which the
accused ma% be sentenced is destierro, he shall be
released after thirt% (3=" da%s of preventive
imprisonment. (As amended b% <.2. No. #1>, 8ul% 1=,
1:".
The accused under'oes preventive imprisonment
when the offense char'ed is nonbailable, or even if
bailable, he cannot furnish the re9uired bail.
The convict is to be released immediatel% if the
penalt% imposed after trial is less than the full time or
four?fifths of the time of the preventive imprisonment.
/ viv Pa'e ::
#==>?#==!
The accused shall be released immediatel% whenever
he has under'one preventive imprisonment for a period
e9ual to or more than the possible ma-imum
imprisonment for the offense char'ed.
A#. 10. Penalty to be impose upon
principals in general! I The penalt% prescribed b% law
for the commission of a felon% shall be imposed upon
the principals in the commission of such felon%.
Ahenever the law prescribes a penalt% for a
felon% is 'eneral terms, it shall be understood as
applicable to the consummated felon%.
6ENERAL RULED
The penalt% prescribed b% law in 'eneral terms shall be
imposed.
a. 3pon the principals
b. Cor consummated felon%
EGCEPTIOND
The e-ception is when the penalt% to be
imposed upon the principal in frustrated or attempted
felon% is fi-ed b% law.
Ahenever it is believed that the penalt% lower b% one
or two de'rees correspondin' to said acts of e-ecution is
not in proportion to the wron' done, the law fi-es a
distinct penalt% for the principal in frustrated or
attempted felon%.
The 'raduation of penalties b% de'rees refers to
$TA1<$ 2C <H<C3T62N (consummated, frustrated or
attempted" and to the )<1R<< 2C T,< CR6*6NA&
PART6C6PAT62N 2C T,< 2CC<N)<R (whether as
principal, accomplice or accessor%"
The division of a divisible penalt% into three periods,
as ma-imum, medium and minimum, refers to the
proper period of the penalt% which should be imposed
when a''ravatin' or miti'atin' circumstances attend
P&o*%& +. Fo#3!-on&s (19(2)
Facts: The accused without a previous 9uarrel
or provocation too/ his bolo and stabbed his wife in the
bac/ resultin' to the latterBs death. The accused was
sentenced to the penalt% of reclusion perpetua.
Held: The penalt% applicable for parricide
under Art. #>0 of the RPC is composed onl% of #
indivisible penalties, reclusion perpetua to death.
Althou'h the commission of the act is attended b% some
miti'atin' circumstance without an% a''ravatin'
circumstance to offset them, Art. 03 of the RPC should
be applied. The said article provides that when the
commission of the act is attended b% some miti'atin'
circumstance and there is no a''ravatin' circumstance,
the lesser penalt% shall be applied.
PRINCIPALS' ACCOMPLICES AND ACCESSORIES IN
CONSUMMATED' FRUSTRATED AND ATTEMPTED
FELONIES.
A#. 10. Penalty to be impose upon
principals in general! I The penalt% prescribed b% law
for the commission of a felon% shall be imposed upon
the principals in the commission of such felon%.
Ahenever the law prescribes a penalt% for a felon% is
'eneral terms, it shall be understood as applicable to the
consummated felon%.
A#. (2. Penalty to be impose upon
principals of a frustrate crime! I The penalt% ne-t
lower in de'ree than that prescribed b% law for the
consummated felon% shall be imposed upon the principal
in a frustrated felon%.
Art. !1. Penalty to be imposed upon principals of
attempted crimes. I A penalt% lower b% two de'rees
than that prescribed b% law for the consummated felon%
shall be imposed upon the principals in an attempt to
commit a felon%.
A#. (.. Penalty to be impose upon
accomplices in consummate crime! I The penalt%
ne-t lower in de'ree than that prescribed b% law for the
consummated shall be imposed upon the accomplices in
the commission of a consummated felon%.
A#. (@. Penalty to be impose upon
accessories to the commission of a consummate
felony! I The penalt% lower b% two de'rees than that
prescribed b% law for the consummated felon% shall be
imposed upon the accessories to the commission of a
consummated felon%.
A#. (1. Penalty to impose upon
accomplices in a frustrate crime! I The penalt%
ne-t lower in de'ree than prescribed b% law for the
frustrated felon% shall be imposed upon the accomplices
in the commission of a frustrated felon%.
A#. ((. Penalty to be impose upon
accessories of a frustrate crime! I The penalt%
lower b% two de'rees than that prescribed b% law for the
frustrated felon% shall be imposed upon the accessories
to the commission of a frustrated felon%.
accomplices in an attempte crime! I The penalt%
ne-t lower in de'ree than that prescribed b% law for an
attempt to commit a felon% shall be imposed upon the
accomplices in an attempt to commit the felon%.
accessories of an attempte crime! I The penalt%
lower b% two de'rees than that prescribed b% law for the
attempted felon% shall be imposed upon the accessories
to the attempt to commit a felon%.
DIA6RAM OF THE APPLICATION OF ARTS. (2=(7D
CONSMMA#ED FRS#RA#ED A##EMP#ED
PR"NC"PA!S = 1 #
ACCOMP!"CES 1 # 3
ACCESSOR"ES # 3 >
5=7 represents the penalt% prescribed b% law in definin'
a crime, which is to be imposed n the PR6NC6PA& in a
C2N$3**AT<) 2CC<N$<, in accordance with the
provisions of Art. >0. The other fi'ures represent the
de'rees to which the penalt% must be lowered, to meet
the different situation anticipated b% law.
EGCEPTIONSD Arts. != to !; shall not appl% to cases
where the law e-pressl% prescribes the penalt% for
frustrated or attempted felon%, or to be imposed upon
accomplices or accessories.
/ viv Pa'e 1==
#==>?#==!
BASES FOR THE DETERMINATION OF THE EGTENT
OF PENALTYD
1. The sta'e reached b% the crime in its
development (either attempted, frustrated or
consummated"
#. The participation therein of the person liable.
3. The a''ravatin' or miti'atin' circumstances
which attended the commission of the crime.
A DE6REE is one entire penalt%, one whole
penalt% or one unit of the penalties enumerated in the
'raduated scales provided for in Art. ;1. <ach of the
penalties of reclusion perpetua, reclusion temporal,
prision ma%or, etc., enumerated in the 'raduated scales
of Art. ;1 is a de'ree.
Ahen there is a miti'atin' or a''ravatin'
circumstance, the penalt% is lowered or increased b%
P<R62) onl%, e-cept when the penalt% is divisible and
there are two or more miti'atin' and without
a''ravatin' circumstances, in which case the penalt% is
lowered b% de'ree.
A PERIOD is one of the three e9ual portions
called the minimum, medium and ma-imum of a
divisible penalt%.
A#. 02. Exception to the rules establishe
in $rticles >G to >H. I The provisions contained in
Articles != to !;, inclusive, of this Code shall not be
applicable to cases in which the law e-pressl% prescribes
the penalt% provided for a frustrated or attempted
felon%, or to be imposed upon accomplices or
accessories.
Arts. != to !; shall not appl% to cases where the law
e-pressl% prescribes the penalt% for frustrated or
attempted felon%, or to be imposed upon accomplices or
accessories.
6ENERAL RULE. An accomplice is punished b% a
penalt% one de'ree lower than the penalt% imposed
upon the principal.
EGCEPTIONSD
a. The ascendants, 'uardians, 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 slate trade or abduction. (Art. 3>0"
b. 2ne who furnished the place for the
perpetration of the crime of sli'ht ille'al
detention. (Art. #0"
6ENERAL RULE. An accessor% is punished b% a penalt%
two de'rees lower than the penalt% imposed upon the
principal.
EGCEPTION. Ahen accessor% is punished as principal @
/nowin'l% concealin' certain evil practices is ordinaril%
an act of the accessor%, but in Art. 1>#, such act is
punished as the act of the principal.
Ahen accessories are punished with a penalt%
one de'ree lower.
a. Onowin'l% usin' counterfeited seal or for'ed
si'nature or stamp of the President (Art. 10#".
b. 6lle'al possession and use of a false treasur%
or ban/ note (Art. 10".
c. 3sin' falsified document (Art. 1;3 par.3 "
d. 3sin' falsified dispatch (Art. 1;3 par. #"
A#. 01. Rules for grauating penalties! I
Cor the purpose of 'raduatin' the penalties which,
accordin' to the provisions of Articles != to !;,
inclusive, of this Code, are to be imposed upon persons
'uilt% as principals of an% frustrated or attempted felon%,
or as accomplices or accessories, the followin' rules
shall be observed.
1. Ahen the penalt% prescribed for the felon%
is sin'le and indivisible, the penalt% ne-t lower in
de'rees shall be that immediatel% followin' that
indivisible penalt% in the respective 'raduated scale
prescribed in Article ;1 of this Code.
#. Ahen the penalt% prescribed for the crime is
composed of two indivisible penalties, or of one or more
divisible penalties to be impose to their full e-tent, the
penalt% ne-t lower in de'ree shall be that immediatel%
followin' the lesser of the penalties prescribed in the
respective 'raduated scale.
3. Ahen the penalt% prescribed for the crime is
composed of one or two indivisible penalties and the
ma-imum period of another divisible penalt%, the
penalt% ne-t lower in de'ree shall be composed of the
medium and minimum periods of the proper divisible
penalt% and the ma-imum periods of the proper divisible
penalt% and the ma-imum period of that immediatel%
followin' in said respective 'raduated scale.
>. when the penalt% prescribed for the crime is
composed of several periods, correspondin' to different
divisible penalties, the penalt% ne-t lower in de'ree shall
be composed of the period immediatel% followin' the
minimum prescribed and of the two ne-t followin',
which shall be ta/en from the penalt% prescribed, if
possibleF otherwise from the penalt% immediatel%
followin' in the above mentioned respective 'raduated
scale.
!. Ahen the law prescribes a penalt% for a
crime in some manner not especiall% provided for in the
four precedin' rules, the courts, proceedin' b% analo'%,
shall impose correspondin' penalties upon those 'uilt%
as principals of the frustrated felon%, or of attempt to
commit the same, and upon accomplices and
accessories.
This article provides for the rules to be observed in
lowerin' the penalt% b% one or two de'rees.
a. Cor the principal in frustrated felon% @ one
de'ree lowerF
b. Cor the principal in attempted felon% @ two
de'rees lowerF
c. Cor the accomplice in consummated felon%
@ one de'ree lowerF and
d. Cor the accessor% in consummated felon%
@ two de'rees lower.
The rules provided for in Art. 01 should also appl%
in determinin' the *6N6*3* of the indeterminate
penalt% under the 6ndeterminate $entence &aw. The
*6N6*3* of the indeterminate penalt% is within the
ran'e of the penalt% next lower than that prescribed b%
the RPC for the offense.
Those rules also appl% in lowerin' the penalt% b%
one or two de'rees b% reason of the presence of
pri!ileged miti'atin' circumstance (Arts. 0 and 0:", or
when the penalt% is divisible and there are two or more
miti'atin' circumstances ('eneric" and no a''ravatin'
circumstance (Art. 0>".
The lower penalt% shall be ta/en from the 'raduated
scale in Art. ;1.
The INDI)ISIBLE PENALTIES are.
a. death
b. reclusion perpetua
/ viv Pa'e 1=1
#==>?#==!
c. public censure
The DI)ISIBLE PENALTIES are.
a. reclusion temporal
b. prision ma%or
c. prision correccional
d. arresto ma%or
e. destierro
f. arresto menor
G the divisible penalties are divided into three periods.
*6N6*3*, *<)63* AN) T,< *AH6*3*
RULESD
FIRST RULED
Ahen the penalt% is sin'le and indivisible.
<-. reclusion perpetua
The penalt% immediatel% followin' it is
reclusion temporal. Thus, reclusion temporal is the
penalt% ne-t lower in de'ree.
SECOND RULED
Ahen the penalt% is composed of two indivisible
penalties
<-. reclusion perpetua to death
The penalt% immediatel% followin'
the lesser of the penalties, which is reclusion
perpetua, is reclusion temporal.
Ahen the penalt% is composed of one or more divisible
penalties to be imposed to their full e-tent
<-. prision correccional to prision mayor
The penalt% immediatel% followin'
the lesser of the penalties of prision
correccional to prision mayor is arresto mayor.
THIRD RULED
Ahen the penalt% is composed of two indivisible
penalties and the ma-imum period of a divisible penalt%
<-. reclusion temporal in its *AH6*3* period
to death
)eath
Penalt% for the principal in
consummated murder
Reclusion
Perpetua
Reclusion
,emporal
*a-imum
*edium Penalt% for accompliceF or
for principal in frustrated
murder
*inimum
Prision
+ayor
*a-imum
*edium
*inimum
Ahen the penalt% is composed of one indivisible penalt%
and the ma-imum period of a divisible penalt%
<-. Reclusion temporal in its *AH6*3* period
to Reclusion perpetua
The same rule shall be observed in lowerin'
the penalt% b% one or two de'rees.
FOURTH RULED
Ahen the penalt% is composed of several periods
? This rule contemplates a penalt% composed of
at least 3 periods. The several periods must correspond
to different divisible penalties.
<-. Prision +ayor in its *<)63* period to
Reclusion temporal in its *6N6*3* period.
Reclusion
temporal
*a-imum
*edium
*inimum Penalt% for the principal in
the consummated felon% Prision *a-imum
+ayor *edium
*inimum Penalt% for the accompliceF
or principal in frustrated
felon%
Prision
Correccional
*a-imum
*edium
*inimum
FIFTH RULED
Ahen the penalt% has two periods
<-. Prision correccional in its *6N6*3* and
*<)63* periods
Prision
correccional
*a-imum
*edium The penalt% prescribed for
the felon% *inimum
/rresto +ayor
*a-imum
The penalt% ne-t lower *edium
*inimum
Ahen the penalt% has one period
? 6f the penalt% is an% one of the three periods
of a divisible penalt%, the penalt% ne-t lower in de'ree
shall be that period ne-t followin' the 'iven penalt%.
<-. Prision +ayor in its *AH6*3* period
The penalt% immediatel% inferior is prision
mayor in its *<)63* period.
SIMPLIFIED RULESD
The rules prescribed in pars. > and ! of Art. 01
ma% be simplified as follows.
1. 6f the penalt% prescribed b% the
Code consists in 3 periods, correspondin' to
different divisible penalties, the penalt% ne-t lower
in de'ree is the penalt% consistin' in the 3 periods
down in the scale.
#. 6f the penalt% prescribed b the
Code consists in # periods, the penalt% ne-t lower
in de'ree is the penalt% consistin' in # periods
down in the scale.
3. 6f the penalt% prescribed b% the
Code consists in onl% 1 period, the penalt% ne-t
lower in de'ree is the ne-t period down in the
scale.
EFFECTS OF MITI6ATIN6 AND A66RA)ATIN6
CIRCUMSTANCES
A#. 0.. Effect of the attenance of mitigating
or aggravating circumstances an of habitual
elin-uency. I *iti'atin' or a''ravatin'
circumstances and habitual delin9uenc% shall be ta/en
into account for the purpose of diminishin' or increasin'
the penalt% in conformit% with the followin' rules.
1. A''ravatin' circumstances which in themselves
constitute a crime speciall% punishable b% law or which
are included b% the law in definin' a crime and
prescribin' the penalt% therefor shall not be ta/en into
account for the purpose of increasin' the penalt%.
#. The same rule shall appl% with respect to an%
a''ravatin' circumstance inherent in the crime to such a
de'ree that it must of necessit% accompan% the
commission thereof.
3. A''ravatin' or miti'atin' circumstances which
arise from the moral attributes of the offender, or from
his private relations with the offended part%, or from an%
other personal cause, shall onl% serve to a''ravate or
miti'ate the liabilit% of the principals, accomplices and
accessories as to whom such circumstances are
attendant.
/ viv Pa'e 1=#
#==>?#==!
>. The circumstances which consist in the material
e-ecution of the act, or in the means emplo%ed to
accomplish it, shall serve to a''ravate or miti'ate the
liabilit% of those persons onl% who had /nowled'e of
them at the time of the e-ecution of the act or their
cooperation therein.
!. ,abitual delin9uenc% shall have the followin'
effects.
(a" 3pon a third conviction the culprit shall be
sentenced to the penalt% provided b% law for the last
penalt% of prision correccional in its medium and
ma-imum periodsF
(b" 3pon a fourth conviction, the culprit shall be
sentenced to the penalt% provided for the last crime of
which he be found 'uilt% and to the additional penalt% of
prision ma%or in its minimum and medium periodsF and
(c" 3pon a fifth or additional conviction, the culprit
shall be sentenced to the penalt% provided for the last
penalt% of prision ma%or in its ma-imum period to
reclusion temporal in its minimum period.
Notwithstandin' the provisions of this article, the
total of the two penalties to be imposed upon the
offender, in conformit% herewith, shall in no case e-ceed
3= %ears.
Cor the purpose of this article, a person shall be
deemed to be habitual delin9uent, is within a period of
ten %ears from the date of his release or last conviction
of the crimes of serious or less serious ph%sical in+uries,
robo# hurto, estafa or falsification, he is found 'uilt% of
an% of said crimes a third time or oftener.
0hat are the effects of the attenance of
mitigating or aggravating circumstances:
a. A''ravatin' circumstances which are not
considered for the purpose of increasin' the
penalt%.
1. Those which in themselves constitute a
crime especiall% punishable b% law.
#. Those included b% law in definin' the
crime.
3. Those inherent in the crime but of
necessit% the% accompan% the commission
thereof.
b. A''ravatin' or miti'atin' circumstances that
serve to a''ravate or miti'ate the liabilit% of the
offender to whom such are attendant. Those
arisin' from.
1. *oral attributes of the offender
#. ,is private relations with the offended
part%
3. An% other personal cause
c. A''ravatin' or miti'atin' circumstances that
affect the offenders onl% who had /nowled'e of
them at the time of the e-ecution of the act or
their cooperation therein. Those which consist.
1. 6n the material e-ecution of the
act
? will not affect all the offenders but onl%
those to whom such act are attendant
#. *eans to accomplish the crime
? will affect onl% those offenders who have
/nowled'e of the same at the time of the
act of e-ecution or their cooperation
therein
0hat are the legal effects of habitual elin-uency:
1) T;!#4
$on+!$!on
? the culprit is sentenced to the penalt% for the
crime committed and to the additional penalt%
of prision correccional in its medium and
ma-imum period.
.) Fo"#;
$on+!$!on
? the penalt% is that provided b% law for the
last crime and the additional penalt% of prision
mayor in its minimum and medium periods.
@) F!8; o#
,44!!on,% $on+!$!on
? the penalt% is that provided b% law for the
last crime and the additional penalt% of prision
mayor in its ma-imum period to reclusion
temporal in its minimum period.
Note.
6n no case shall the total of the #
penalties imposed upon the offender e-ceed 3=
%ears.
The law does not appl% to crimes
described in Art. 1!!
The imposition of the additional penalt% on
habitual delin9uents are C2N$T6T3T62NA&
because such law is neither an 1< P'S, F/C,'
3/; nor an additional punishment for future
crimes. 6t is simpl% a punishment on future
crimes on account of the criminal propensities of
the accused.
The imposition of such additional penalties
is mandator% and is not discretionar%.
,abitual delin9uenc% applies at an% sta'e
of the e-ecution because sub+ectivel%, the
offender reveals the same de'ree of depravit% or
perversit% as the one who commits a
consummated crime.
6t applies to all participants because it
reveals persistence in them of the inclination to
wron'doin' and of the perversit% of character
that led them to commit the previous crime.
Cases #here attening aggravating or mitigating
circumstances are not consiere in the
imposition of penalties
? Penalt% that is sin'le and indivisible
? Celonies throu'h ne'li'ence
? Ahen the penalt% is a fine
? Ahen the penalt% is prescribed b% a special law.
A#. 0@. Rules for the application of inivisible
penalties. I 6n all cases in which the law prescribes a
sin'le indivisible penalt%, it shall be applied b% the courts
re'ardless of an% miti'atin' or a''ravatin'
circumstances that ma% have attended the commission
of the deed.
6n all cases in which the law prescribes a penalt%
composed of two indivisible penalties, the followin' rules
shall be observed in the application thereof.
1. Ahen in the commission of the deed there is
present onl% one a''ravatin' circumstance, the 'reater
penalt% shall be applied.
#. Ahen there are neither miti'atin' nor
a''ravatin' circumstances and there is no a''ravatin'
circumstance, the lesser penalt% shall be applied.
3. Ahen the commission of the act is attended b%
some miti'atin' circumstances and there is no
/ viv Pa'e 1=3
#==>?#==!
a''ravatin' circumstance, the lesser penalt% shall be
applied.
>. Ahen both miti'atin' and a''ravatin'
circumstances attended the commission of the act, the
court shall reasonabl% allow them to offset one another
in consideration of their number and importance, for the
purpose of appl%in' the penalt% in accordance with the
precedin' rules, accordin' to the result of such
compensation.
Rules for the application of inivisible penaltiesC
1. P&n,%> !s s!n-%& ,n4 !n4!+!s!/%&
? The penalt% shall be applied re'ardless of the
presence of miti'atin' or a''ravatin'
circumstances. <-. reclusion perpetua or death
.. P&n,%> !s $o3*os&4 o8 . !n4!+!s!/%&
*&n,%!&sD
a. 2ne a''ravatin' circumstance present
? ,61,<R penalt%
b. No miti'atin' circumstances present
? &<$$<R penalt%
c. $ome miti'atin' circumstances present and
no a''ravatin'
? &<$$<R penalt%
d. *iti'atin' and a''ravatin' circumstances
offset each other
? (asis of penalt%. number and
importance.
A#. 01. Rules for the application of penalties
#hich contain three perios! I 6n cases in which the
penalties prescribed b% law contain three periods,
whether it be a sin'le divisible penalt% or composed of
three different penalties, each one of which forms a
period in accordance with the provisions of Articles ;0
and ;;, the court shall observe for the application of the
penalt% the followin' rules, accordin' to whether there
are or are not miti'atin' or a''ravatin' circumstances.
1. Ahen there are neither a''ravatin' nor
miti'atin' circumstances, the% shall impose the penalt%
prescribed b% law in its medium period.
#. Ahen onl% a miti'atin' circumstances is present
in the commission of the act, the% shall impose the
penalt% in its minimum period.
3. Ahen an a''ravatin' circumstance is present in
the commission of the act, the% shall impose the penalt%
in its ma-imum period.
circumstances are present, the court shall reasonabl%
offset those of one class a'ainst the other accordin' to
their relative wei'ht.
!. Ahen there are two or more miti'atin'
circumstances and no a''ravatin' circumstances are
present, the court shall impose the penalt% ne-t lower to
that prescribed b% law, in the period that it ma% deem
applicable, accordin' to th;e number and nature of such
circumstances.
0. Ahatever ma% be the number and nature of the
a''ravatin' circumstances, the courts shall not impose a
'reater penalt% than that prescribed b% law, in its
ma-imum period.
;. Aithin the limits of each period, the court shall
determine the e-tent of the penalt% accordin' to the
number and nature of the a''ravatin' and miti'atin'
circumstances and the 'reater and lesser e-tent of the
evil produced b% the crime.
Rules for the application of D*2*S*,LE PEN$L"*ES
a. No a''ravatin' and No miti'atin'
? *<)63* P<R62)
b. 2ne miti'atin'
? *6N6*3* P<R62)
c. 2ne a''ravatin' (an% number cannot e-ceed the
penalt% provided b% law in its ma-imum period"
? *AH6*3* P<R62)
d. *iti'atin' and a''ravatin' circumstances present
? to offset each other accordin' to relative
wei'ht
e. # or more miti'atin' and no a''ravatin'
? one de'ree lower (has the effect of a
privile'ed miti'atin' circumstance"
N2T<. Art. 0> does not appl% to.
? indivisible penalties
? penalties prescribed b% special laws
? fines
? crimes committed b% ne'li'ence
A#. 07. Penalty to be impose #hen not all
the re-uisites of exemption of the fourth
circumstance of $rticle 67 are present.I Ahen all
the conditions re9uired in circumstances Number > of
Article 1# of this Code to e-empt from criminal liabilit%
are not present, the penalt% of arresto ma%or in its
ma-imum period to prision correccional in its minimum
period shall be imposed upon the culprit if he shall have
been 'uilt% of a 'rave felon%, and arresto ma%or in its
minimum and medium periods, if of a less 'rave felon%.
Penalty to be impose if the re-uisites of accient
@$rt! 67 par ;A are not all presentC
a. 1RAJ< C<&2NK
arresto mayor ma-imum period to
prision correccional minimum period
b. &<$$ 1RAJ< C<&2NK
arresto mayor minimum period and
medium period
A#. 09. Penalty to be impose #hen the crime
committe is not #holly excusable! I A penalt%
lower b% one or two de'rees than that prescribed b% law
shall be imposed if the deed is not wholl% e-cusable b%
reason of the lac/ of some of the conditions re9uired to
+ustif% the same or to e-empt from criminal liabilit% in
the several cases mentioned in Article 11 and 1#,
provided that the ma+orit% of such conditions be present.
The courts shall impose the penalt% in the period which
ma% be deemed proper, in view of the number and
nature of the conditions of e-emption present or lac/in'.
Penalty to be impose #hen the crime committe
is not #holly excusable
? 2ne or two de'rees lower if the ma+orit% of the
conditions for +ustification or e-emption in the cases
provided in Arts. 11 and 1# are present.
P&o*%& +. L,$,n!%,o (1988)
Facts: The CC6 found the accused, a policeman,
'uilt% of homicide. 2n appeal before the CA, the CA
found that the accused acted in the performance of a
dut% but that the shootin' of the victim was not the
necessar% conse9uence of the due performance thereof,
therefore creditin' to him the miti'atin' circumstance
consistin' of the incomplete +ustif%in' circumstance of
fulfillment of dut%. The CA lowered the penalt% merel%
/ viv Pa'e 1=>
#==>?#==!
b% one period appl%in' Art. 0> (#" appreciatin'
incomplete fulfillment of dut% as a mere 'eneric
miti'atin' circumstance lowerin' the penalt% to
minimum period.
Held: CA erred because incomplete fulfillment
of dut% is a privile'ed miti'atin' circumstance which not
onl% cannot be offset b% a''ravatin' circumstances but
also reduces the penalt% b% one or two de'rees than
that prescribed b law. The 'overnin' provision is Art. 0:
of the RPC.
P&o*%& +. C,3*";,n (supraA
The penalt% for attempted rape is two (#"
de'rees lower than the imposable penalt% of death for
the offense char'ed, which is statutor% rape of a minor
below seven (;" %ears. Two (#" de'rees lower is
reclusion temporal, the ran'e of which is twelve (1#"
%ears and one (1" da% to twent% (#=" %ears. Appl%in'
the 6ndeterminate $entence &aw, and in the absence of
an% miti'atin' or a''ravatin' circumstance, the
ma-imum of the penalt% to be imposed upon the
accused shall be ta/en from the medium period of
reclusion temporal, the ran'e of which is fourteen (1>"
%ears, ei'ht (" months and (1" da% to seventeen (1;"
%ears and four (>" months, while the minimum shall be
ta/en from the penalt% ne-t lower in de'ree, which is
prision mayor, the ran'e of which is from si- (0" %ears
and one (1" da% to twelve (1#" %ears, in an% of its
periods.
6. SPECIAL RULES
COMPLEG CRIMES
A#. 18. Penalty for complex crimes! I
Ahen a sin'le act constitutes two or more 'rave or less
'rave felonies, or when an offense is a necessar% means
for committin' the other, the penalt% for the most
serious crime shall be imposed, the same to be applied
in its ma-imum period.
Art. > re9uires the commission of at least #
crimes. (ut the two or more 1RAJ< or &<$$ 1RAJ<
felonies must be the result of a $6N1&< ACT, or an
offense must be a N<C<$$ARK *<AN$ C2R
C2**6TT6N1 the other.
6n comple- crimes, althou'h two or more
crimes are actuall% committed, the% constitute onl% one
crime in the e%es of the law as well as in the conscience
of the offender. The offender has onl% one criminal
intent. <ven in the case where an offense is a necessar%
means for committin' the other, the evil intent of the
offender is onl% one.
TWO CINDS OF COMPLEG CRIMES
1. C')P'3ND CR*)E ?
Ahen a sin'le act constitutes two or more
'rave or less 'rave felonies
#. C')PLE? CR*)E
PR'PER = Ahen an offense is a necessar%
means for committin' the other.
COMPOUND CRIME
R1B)4S4,1S:
1. That onl% a $6N1&< ACT is performed b%
the offender
#. That the sin'le acts produces (a" # or
more 'rave felonies, or (b" one or more
'rave and one or more less 'rave felonies,
or (c" two or more less 'rave felonies
&i'ht felonies produced b% the same act should be
treated and punished as separate offenses or ma% be
absorbed b% the 'rave felon%.
<-. Ahen the crime is committed b% force or
violence, sli'ht ph%sical in+uries are absorbed.
<-ample of compound crime.
? Ahere the victim was /illed while dischar'in'
his dut% as baran'a% captain to protect life and propert%
and enforce law and order in his barrio, the crime is a
comple- crime of homicide with assault upon a person in
authorit%.
Ahen in obedience to an order several accused
simultaneousl% shot man% persons, without evidence
how man% each /illed, there is onl% a sin'le offense,
there bein' a sin'le criminal impulse.
COMPLEG CRIME PROPER
R1B)4S4,1S:
1. That at least two offenses are committed
#. That one or some of the offenses must be
necessar% to commit the other
3. That both or all the offenses must be
punished under the same statute.
The phrase 5necessar% means7 does not mean
5indispensable means7
6n comple- crime, when the offender e-ecutes various
acts, he must have a sin'le purpose.
$ubse9uent acts of intercourse, after forcible
abduction with rape, are separate acts of rape.
Not comple- crime when trespass to dwellin' is a
direct means to commit a 'rave offense.
No comple- crime, when one offense is committed to
conceal the other.
Ahen the offender had in his possession the funds
which he misappropriated, the falsification of a public or
official document involvin' said offense is a separate
offense.
No comple- crime where one of the offense is
penali4ed b% a special law.
There is no comple- crime of rebellion with murder,
arson, robber%, or other common crimes.
Ahen two crimes produced b% a sin'le act are
respectivel% within the e-clusive +urisdiction of two
courts of different +urisdiction, the court of hi'her
+urisdiction shall tr% the comple- crime.
The penalt% for comple- crime is the penalt% for the
most serious crime, the same to be applied in its
ma-imum period.
Ahen two felonies constitutin' a comple- crime are
punishable b% imprisonment and fine, respectivel%, onl%
the penalt% of imprisonment should be imposed.
Art. > applies onl% to cases where the Code does not
provide a definite specific penalt% for a comple- crime.
2ne information should be filed when a comple- crime
is committed.
Ahen a comple- crime is char'ed and one offense is
not proven, the accused can be convicted of the other.
Art. > does not appl% when the law provides one
sin'le penalt% for special comple- crimes.
/ viv Pa'e 1=!
#==>?#==!
PL3R$L*"5 '1 CR*)ES
? consists in the successive e-ecution b% the
same individual of different criminal acts upon an% of
which no conviction has %et been declared.
CINDS OF PLURALITY OF CRIMES
1. 1'R)$L 'R *DE$L PL3R$L*"5
? There is but one criminal liabilit% in this /ind
of pluralit%.
? divided into 3 'roups.
a. Ahen the offender commits an of the
comple- crimes defined in Art. > of the Code.
b. Ahen the law specificall% fi-es a sin'le
penalt% for # or more offenses committed.
c. Ahen the offender commits continued
crimes.
.! RE$L 'R )$"ER*$L PL3R$L*"5
? There are different crimes in law as well as in
the conscience of the offender. 6n such cases, the
offender shall be punished for each and ever offense
that he committed.
? <-. A stabbed (. Then, A also stabbed C.
There are two crimes committed.
PLURALITY OF CRIMES RECIDI)ISM
There is no conviction of
an% of the crimes
committed.
There must be conviction
b% final +ud'ment of the
first or prior offense.

C'N"*N3ED CR*)E
1. A
sin'le crime consistin' of a series of acts but all
arisin' from one criminal resolution.
#. A
continuous, unlawful act or series of acts set on foot
b% a sin'le impulse and operated b% an
unintermittent force, however lon' a time it ma%
occup%.
<-. a collector of a commercial firm
misappropriates for his personal use several
amounts collected b% him from different persons.
2ne crime onl% because the different appropriations
are but the different moments durin' which once
criminal resolution arises and a sin'le defraudation
develops.
A continued crime is not a comple- crime.
A continued crime is different from a TRAN$6T2RK
CR6*< which is also called a *2J6N1 CR6*<.
REAL OR MATERIAL
PLURALITY
CONTINUED CRIME
There is a series of acts performed b% the offender.
<ach act performed b the
offender constitutes a
separate crime because
each act is 'enerated b% a
criminal impulse.
The different acts
constitute onl% one crime
because all of the acts
performed arise from one
criminal resolution.
P&o*%& +. Es$o/&# (supra)
$pecial comple- crime of robber% with
homicide. Rule is established that whenever a homicide
has been committed as a conse9uence of or on the
occasion of a robber%, all those who too/ part as
principals in the special comple- crime of robber% with
homicide althou'h the% did no actuall% ta/e part in the
homicide unless endeavored to prevent homicide. Ahile
it has been established that Pun4alanBs participation in
the crime was to act as a loo/?out, and as such he did
not participate in the /illin' of the two helpless victims,
he cannot evade responsibilit%.
P&o*%& +. H&#n,n4&F (19(0)
Facts: ,ernande4 and others were char'ed
with the crime of rebellion with multiple murder, arsons
and robberies. ,e was found 'uilt% and sentenced to
suffer life imprisonment.
Held: *urder, arson and robber% are mere
in'redients of the crime of rebellion, as a means
5necessar%7 for the perpetration of the offense. $uch
common offenses are absorbed or inherent in the crime
of rebellion. 6nasmuch as the acts specified in Art. 13!
constitute one sin'le crime, it follows that said acts offer
no occasion for the application of Art. > which re9uires
therefore the commission of atleast # crimes.
Principle of pro reo. Art. > is intended to favor
the culprit. when two or more crimes are the result of a
sin'le act, the offender is deemed less perverse than
when he commits said crimes throu'h separate and
distinct acts.
P&o*%& +. 6&#on!3o (19(0)
As in treason, where both intent and overt act
are necessar%, the crime of rebellion is inte'rated b% the
coe-istence of both the armed uprisin' for the purposes
e-pressed in Art. 13> of the RPC, and the overt acts of
violence described in the first para'raph of Art. 13!.
That both purpose and overt acts are essential
components of one crime and that without either of
them the crime of rebellion le'all% does not e-ist, is
shown b% the absence of an% penalt% attached to Art.
13>. 6t follows, therefore, that an% or all of the acts
described in Art. 13!, when committed as a means to or
in furtherance of the subversive ends described in Art.
13>, become absorbed in the crime of rebellion and
cannot be re'arded or penali4ed as distinct crimes in
themselves.
Not ever% act of violence is to be deemed
absorbed in the crime of rebellion solel% because it
happens to be committed simultaneousl%. 6f the /illin',
robbin', etc were done for private purposes, the crime
would be separatel% punishable and would not be
absorbed b% the rebellion.
En#!%& +. S,%,F,# (1992)
The appellants proposed 3 options to the
court.
(b" abandon HernandeG and adopt the
minorit% view in said case that rebellion cannot
absorb more serious crimes, and that under Art.
> rebellion ma% be properl% comple-ed with
common offenses,
(c" hold HernandeG applicable onl% to
offense committed in furtherance, or as a
necessar% means for the commission, of
rebellion, but not to acts committed in the course
of a rebellion which also constitute 5common7
crimes of 'rave or less 'rave character,
(d" maintain HernandeG as appl%in' to
ma/e rebellion absorb all other offenses
committed in its course, whether or not
necessar% to its commission or in furtherance
thereof.
Held: ,ernande4 doctrine remains bindin' and
operates to prohibit the comple-in' of rebellion with
another offense committed on the occasion thereof,
/ viv Pa'e 1=0
#==>?#==!
either as a means necessar% to its commission or as an
unintended effect of an activit% that constitutes
rebellion.
P&o*%& +. To%!n- (197()
The ei'ht /illin's and the attempted /illin'
should be treated as separate crimes of murder and
attempted murder 9ualified b% treacher%. The
une-pected surprise assaults perpetrated b% the twins
upon their co?passen'ers, who did not anticipate that
the twins would act li/e +uramentados and who were
unable to defend themselves was a mode of e-ecution
that insured the consummation of the twinsB diabolical
ob+ective to butcher their co?passen'ers. The conduct of
the twins evinced conspirac% and communit% of desi'n.
The ei'ht /illin's and the attempted murder were
perpetrated b% means of different acts. ,ence, the%
cannot be re'arded as constitutin' a comple- crime
under art. > of the RPC which refers to cases where 5a
sin'le act constitutes two or more 'rave felonies, or
when an offense is a necessar% means for committin'
the other.7
Mon&+&#4& +. P&o*%& (.22.)
Facts: *onteverde was purportedl% char'ed
with the comple- crime of estafa throu'h falsification of
a commercial document for alle'edl% falsif%in' the
document she had submitted to show that the mone%
donated b% PA1C2R was used and spent for li'htin'
materials for her baran'a%.
Held: 3nder Article > of the Revised Penal
Code, a comple- crime refers to (1" the commission of
at least two 'rave or less 'rave felonies that must both
(or all" be the result of a sin'le act, or (#" one offense
must be a necessar% means for committin' the other (or
others". Ne'ativel% put, there is no comple- crime when
(1" two or more crimes are committed, but not b% a
sin'le actF or (#" committin' one crime is not a
necessar% means for committin' the other (or others".
3sin' the above 'uidelines, the acts attributed
to petitioner in the present case cannot constitute a
comple- crime. $pecificall%, her alle'ed actions showin'
falsification of a public andDor a commercial document
were not necessar% to commit estafa. Neither were the
two crimes the result of a sin'le act.
P&o*%& +. 6onF,%&F (S"*#,)
Facts: (oth of the families of Andres and that
of 1on4ale4 were on their wa% to the e-it of the &o%ola
*emorial Par/. 1on4ales was drivin' with his 'randson
and 3 housemaids, while Andres was drivin' with his
pre'nant wife, Celiber, his #%r old son, Oenneth, his
nephew Oevin and his sister?in?law. At an intersection,
their two vehicles almost collided. 1on4ales continued
drivin' while Andres tailed 1on4alesB vehicle and cut him
off when he found the opportunit% to do so, then 'ot out
of his vehicle and /noc/ed on the appellantMs car
window. ,eated e-chan'e of remar/s followed. 2n his
wa% bac/ to his vehicle, he met 1on4ales son, )ino.
Andres had a shoutin' match this time with )ino.
1on4ales then ali'hted from his car and fired a sin'le
shot at the last window on the left side of AndresM
vehicle at an an'le awa% from Andres. The sin'le bullet
fired hit Oenneth, Oevin and Celiber which caused the
latterBs death.
Held: The rules on the imposition of penalties
for comple- crimes under Art. > of the Revised Penal
Code are not applicable in this case. Art. > applies if a
sin'le act constitutes two or more 'rave and less 'rave
felonies or when an offense is a necessar% means of
committin' anotherF in such a case, the penalt% for the
most serious offense shall be imposed in its ma-imum
period. Art. : of the Revised Penal Code in relation to
Art. #! defines 'rave felonies as those to which the law
attaches the capital punishment or afflictive penalties
from reclusion perpetua to prision ma%orF less 'rave
felonies are those to which the law attaches a penalt%
which in its ma-imum period falls under correctional
penaltiesF and li'ht felonies are those punishable b%
arresto menor or fine not e-ceedin' two hundred pesos.
Considerin' that the offenses committed b% the act of
the appellant of firin' a sin'le shot are one count of
homicide, a 'rave felon%, and two counts of sli'ht
ph%sical in+uries, a li'ht felon%, the rules on the
imposition of penalties for comple- crimes, which
re9uires two or more 'rave andDor less 'rave felonies,
will not appl%.
P&o*%& +. Co3,4#& (.221)
Facts: Robert A'banlo', Aabe, (ullanda%,
Camat and <u'enio were havin' a drin/in' spree on the
terrace of the house of RobertBs father, 8aime A'banlo',
8aime was seated on the banister of the terrace listenin'
to the conversation of the companions of his son. As the
drin/in' session went on, Robert and the others noticed
appellants 1eor'e and Antonio Comadre and &o4ano
wal/in'. The 3 stopped in front of the house. Ahile his
companions loo/ed on, Antonio suddenl% lobbed a hand
'renade which fell on the roof of the terrace. Appellants
immediatel% fled. The hand 'renade e-ploded rippin' a
hole in the roof of the house. Robert died while his
father, 8aime, Aabe, Camat, and (ullanda% sustained
shrapnel in+uries..
Held: Antonio is 'uilt% of the comple- crime of
murder with multiple attempted murder under Article >
of the Revised Penal Code. The underl%in' philosoph% of
comple- crimes in the Revised Penal Code, which follows
the pro reo principle, is intended to favor the accused b%
imposin' a sin'le penalt% irrespective of the crimes
committed. The rationale bein', that the accused who
commits two crimes with sin'le criminal impulse
demonstrates lesser perversit% than when the crimes are
committed b% different acts and several criminal
resolutions.
The sin'le act b% appellant of detonatin' a
hand 'renade ma% 9uantitativel% constitute a cluster of
several separate and distinct offenses, %et these
component criminal offenses should be considered onl%
as a sin'le crime in law on which a sin'le penalt% is
imposed because the offender was impelled b% a 5sin'le
criminal impulse7 which shows his lesser de'ree of
perversit%.
P&o*%& +. D&%os S,nos (.221)
Facts: 1lenn )elos $antos and his 3 friends
went to (u/idnon on his 6su4u <lf truc/. 2n their wa%,
the% decided to pass b% a restaurant where 1lenn had 3
bottles of beer. Crom (u/idnon to Ca'a%an de 2ro Cit%,
1lennBs truc/ hit, bumped, seriousl% wounded and
claimed the lives of several members of the PNP who
were under'oin' an endurance run on a hi'hwa%
wearin' blac/ shirts and shorts and 'reen combat
shoes. Twelve trainees were /illed on the spot, 1# were
seriousl% wounded, 1 of whom eventuall% died and 1=
sustained minor in+uries. At the time of the occurrence,
the place of the incident was ver% dar/ as there was no
moon. Neither were there lamposts that illuminated the
hi'hwa%. The trial court convicted 1lenn of the comple-
crime of multiple murder, multiple frustrated murder and
/ viv Pa'e 1=;
#==>?#==!
multiple attempted murder, with the use of motor
vehicle as the 9ualif%in' circumstance.
Held: Considerin' that the incident was not a
product of a malicious intent but rather the result of a
sin'le act of rec/less drivin', 1lenn should be held 'uilt%
of the comple- crime of rec/less imprudence resultin' in
multiple homicide with serious ph%sical in+uries and less
serious ph%sical in+uries.
The sli'ht ph%sical in+uries caused b% 1lenn to
the ten other victims throu'h rec/less imprudence,
would, had the% been intentional, have constituted li'ht
felonies. (ein' li'ht felonies, which are not covered b%
Article >, the% should be treated and punished as
separate offenses. $eparate informations should have,
therefore, been filed
P&o*%& +. )&%,s<"&F (.222)
Facts: Jelas9ue4, po/ed a to% 'un and forced
Oaren to 'o with her at his 'randmotherBs house. 2ut of
fear and not /nowin' that the 'un that Jelas9ue4 was
holdin' is a mere to%, Oaren went with Jelas9ue4.
Jelas9ue4 then raped Oaren twice. The trial court
convicted Jelas9ue4 of two counts of rape.
Held: Considerin' that Jelas9ue4 forcibl%
abducted Oaren and then raped her twice, he should be
convicted of the comple- crime of forcible abduction with
rape and simple rape. The penalt% for comple- crimes is
the penalt% for the most serious crime which shall be
imposed in its ma-imum period. Rape is the more
serious of the two crimes and is punishable with
reclusion perpetua under Article 33! of the Revised
Penal Code and since reclusion perpetua is a sin'le
indivisible penalt%, it shall be imposed as it is. The
subse9uent rape committed b% Jelas9ue4 can no lon'er
be considered as a separate comple- crime of forcible
abduction with rape but onl% as a separate act of rape
punishable b% reclusion perpetua.
SPECIAL COMPLEG CRIMES
Art. > does not appl% when the law provides one
sin'le penalt% for special comple- crimes.
1. Robber% with ,omicide (Art. #:> (1""
#. Robber% with Rape (Art. #:> (#""
3. Oidnappin' with serious ph%sical in+uries (Art.
#0; (3""
>. Rape with ,omicide (Art. 33!"
P&o*%& +. F,/on (.222)
The trial court inaccuratel% desi'nated the
crime committed as 5robber% with homicide and rape.7
Ahen the special comple- crime of robber% with
homicide is accompanied b another offense li/e rape or
intentional mutilation, such additional offense is treated
as an a''ravatin' circumstance which would result in
the imposition of the ma-imum of the penalt% of death.
The proper desi'nation is robber% with homicide
a''ravated b% rape. Ahen rape and homicide co?e-ist in
the commission of robber%, it is the first para'raph of
Art. #:> of the RPC which applies, the rape is considered
as an a''ravatin' circumstance.
P&o*%& +. E3*,n& (1999)
Facts: The accused was found 'uilt% of three
counts of rape a'ainst his dau'hter who was then below
1 %ears old and sentenced him to death and to
indemnif% his dau'hter in the amount of P!=/ with
moral dama'es amountin' to another P!o/ for each
count of rape. 2n appeal, he claims that the trial court
should have appreciated two miti'atin' circumstances in
his favor namel% voluntar% confession of 'uilt and
into-ication and sentenced him to a lesser penalt%.
Held: Qualified rape is punishable b% the sin'le
indivisible penalt% of death, which must be applied
re'ardless of an% miti'atin' or a''ravatin' circumstance
which ma% have attended the commission of the deed.
CRIME DIFFERENT FROM THAT INTENDED
A#. 19. Penalty to be impose upon the principals
#hen the crime committe is ifferent from that
intene! I 6n cases in which the felon% committed is
different from that which the offender intended to
commit, the followin' rules shall be observed.
1. 6f the penalt% prescribed for the felon%
committed be hi'her than that correspondin' to the
offense which the accused intended to commit, the
penalt% correspondin' to the latter shall be imposed in
its ma-imum period.
#. 6f the penalt% prescribed for the felon%
committed be lower than that correspondin' to the one
which the accused intended to commit, the penalt% for
the former shall be imposed in its ma-imum period.
3. The rule established b% the ne-t precedin'
para'raph shall not be applicable if the acts committed
b% the 'uilt% person shall also constitute an attempt or
frustration of another crime, if the law prescribes a
hi'her penalt% for either of the latter offenses, in which
case the penalt% provided for the attempted or the
frustrated crime shall be imposed in its ma-imum
period.
Art. >: has reference to Art. > (1". 6t applies onl%
when there is <RR2R 6N P<R$2NA<.
6n Art. >: pars. 1 and #, the &2A<R P<NA&TK in its
*AH6*3* P<R62) is alwa%s imposed.
6n Par. 3, the penalt% for the attempted or frustrated
crime shall be imposed in its ma-imum period. This rule
is not necessar% and ma% well be covered b% Art. >, in
view of the fact that the same act also constitutes an
attempt or a frustration of another crime.
IMPOSSIBLE CRIMES
A#. (9. Penalty to be impose in case of
failure to commit the crime because the means
employe or the aims sought are impossible. I
Ahen the person intendin' to commit an offense has
alread% performed the acts for the e-ecution of the
same but nevertheless the crime was not produced b%
reason of the fact that the act intended was b% its
nature one of impossible accomplishment or because the
means emplo%ed b% such person are essentiall%
inade9uate to produce the result desired b% him, the
court, havin' in mind the social dan'er and the de'ree
of criminalit% shown b% the offender, shall impose upon
him the penalt% of arresto ma%or or a fine from #== to
!== pesos.
Art. !: is limited to cases where the act performed
would be 'rave or less 'rave felonies.
(asis of penalt%.
1. social dan'er
#. de'ree of criminalit% shown b% the
offender
ADDITIONAL PENALTY FOR CERTAIN
ACCESSORIES
/ viv Pa'e 1=
#==>?#==!
A#. (8. $itional penalty to be impose
upon certain accessories. I Those accessories fallin'
within the terms of para'raphs 3 of Article 1: of this
Code who should act with abuse of their public functions,
shall suffer the additional penalt% of absolute perpetual
dis9ualification if the principal offender shall be 'uilt% of
a 'rave felon%, and that of absolute temporar%
dis9ualification if he shall be 'uilt% of a less 'rave felon%.
Absolute perpetual dis9ualification if the principal
offender is 'uilt% of a 'rave felon%.
Absolute temporar% dis9ualification if the principal
offender is 'uilt of less 'rave felon%.
WHERE THE OFFENDER IS BELOW 18 YEARS
A#. 08. Penalty to be impose upon a
person uner eighteen years of age! I Ahen the
offender is a minor under ei'hteen %ears and his case is
one comin' under the provisions of the para'raphs ne-t
to the last of Article = of this Code, the followin' rules
shall be observed.
1. 3pon a person under fifteen but over nine
%ears of a'e, who is not e-empted from liabilit% b%
reason of the court havin' declared that he acted with
discernment, a discretionar% penalt% shall be imposed,
but alwa%s lower b% two de'rees at least than that
prescribed b% law for the crime which he committed.
#. 3pon a person over fifteen and under
ei'hteen %ears of a'e the penalt% ne-t lower than that
prescribed b% law shall be imposed, but alwa%s in the
proper period.
PD No. 02@. ART. 19.. S"s*&ns!on o8
S&n&n$& ,n4 Co33!3&n o8 Yo";8"% O88&n4&#.
6f after hearin' the evidence in the proper
proceedin's, the court should find that the %outhful
offender has committed the acts char'ed a'ainst him
the court shall determine the imposable penalt%,
includin' an% civil liabilit% char'eable a'ainst him.
,owever, instead of pronouncin' +ud'ment of conviction,
the court shall suspend all further proceedin's and shall
commit such minor to the custod% or care of the
)epartment of $ocial Aelfare, or to an% trainin'
institution operated b% the 'overnment, or dul% licensed
a'encies or an% other responsible person, until he shall
have reached twent%?one %ears of a'e or, for a shorter
period as the court ma% deem proper, after considerin'
the reports and recommendations of the )epartment of
$ocial Aelfare or the a'enc% or responsible individual
under whose care he has been committed.
The %outhful offender shall be sub+ect to
visitation and supervision b% a representative of the
)epartment of $ocial Aelfare or an% dul% licensed
a'enc% or such other officer as the court ma% desi'nate
sub+ect to such conditions as it ma% prescribe.
Art. 0 applies to such minor if his application for
suspension of sentence is disapproved or if while in the
reformator% institution he becomes incorri'ible in which
case he shall be returned to the court for the imposition
of the proper penalt%.
: to 1! %ears onl% with discernment. at least #
de'rees lower.
1! to 1 %ears old. penalt% ne-t lower
Art. 0 provides for two of the PR6J6&<1<)
*6T61AT6N1 C6RC3*$TANC<$
6f the act is attended b% two or more miti'atin' and
no a''ravatin' circumstance, the penalt% bein' divisible,
a minor over 1! but under 1 %ears old ma% still 'et a
penalt% two de'rees lower.
THE THREE=FOLD RULE
A#. 72. Successive service of sentence. I
Ahen the culprit has to serve two or more penalties, he
shall serve them simultaneousl% if the nature of the
penalties will so permit otherwise, the followin' rules
shall be observed.
6n the imposition of the penalties, the order of
their respective severit% shall be followed so that the%
ma% be e-ecuted successivel% or as nearl% as ma% be
possible, should a pardon have been 'ranted as to the
penalt% or penalties first imposed, or should the% have
been served out.
Cor the purpose of appl%in' the provisions of
the ne-t precedin' para'raph the respective severit% of
the penalties shall be determined in accordance with the
followin' scale.
1. )eath,
#. Reclusion perpetua,
3. Reclusion temporal,
>. Prision ma%or,
!. Prision correccional,
0. Arresto ma%or,
;. Arresto menor,
. )estierro,
:. Perpetual absolute dis9ualification,
1= Temporal absolute dis9ualification.
11. $uspension from public office, the ri'ht to
vote and be voted for, the ri'ht to follow a profession or
callin', and
1#. Public censure
Notwithstandin' the provisions of the rule ne-t
precedin', the ma-imum duration of the convictMs
sentence shall not be more than three?fold the len'th of
time correspondin' to the most severe of the penalties
imposed upon him. No other penalt% to which he ma% be
liable shall be inflicted after the sum total of those
imposed e9uals the same ma-imum period.
$uch ma-imum period shall in no case e-ceed
fort% %ears.
6n appl%in' the provisions of this rule the
duration of perpetual penalties (pena perpetua" shall be
computed at thirt% %ears. (As amended".
O"%!n& o8 ;& *#o+!s!ons o8 ;!s A#!$%&D
1. Ahen the culprit has to serve # or more
penalties, he shall serve them simultaneousl% if
the nature of the penalties will so permit.
#. 2therwise, the order of their respective
severit% shall be followed.
3. The respective severit% of the penalties is as
follows.
a. )eath
b. Reclusion perpetua
c. Reclusion temporal
d. Prision mayor
e. Prision correccional
f. /rresto mayor
g. /rresto menor
h. Destierro
i. Perpetual absolute dis9ualification
+. Temporar% absolute dis9ualification
/ viv Pa'e 1=:
#==>?#==!
/. $uspension from public office, the
ri'ht to vote, and be voted for, the ri'ht to
follow profession or callin', and
l. Public censure
T;& *&n,%!&s 9;!$; $,n /& s!3"%,n&o"s%> s&#+&4
,#&D
1. Perpetual absolute dis9ualification
#. Perpetual special dis9ualification
3. Temporar% absolute dis9ualification
>. Temporar% special dis9ualification
!. $uspension
H. Destierro
;. Public Censure
. Cine and (ond to /eep the peace
:. Civil interdiction
1=. Confiscation and pa%ment of costs
The above penalties, e-cept destierro, can be
served simultaneousl% with imprisonment.
Penalties consistin' in deprivation of libert%
cannot be served simultaneousl% b% reason of
the nature of such penalties.
T;#&&=8o%4 R"%&
The ma-imum duration of the convictBs
sentence shall not be more than three times the len'th
of time correspondin' to the most severe of the
penalties imposed upon him.
The phrase 5the most severe of the penalties7 includes
e9ual penalties.
The three?fold rule applies onl% when the convict has
to serve at least four sentences.
All the penalties, even if b% different courts at
different times, cannot e-ceed three?fold the most
severe.
? The Rules of Court specificall% provide that
an% information must not char'e more than one offense.
Necessaril%, the various offense punished with different
penalties must be char'ed under different informations
which ma% be filed in the same court or in different
courts, at the same time or at different times.
$ubsidiar% imprisonment forms part of the penalt%.
6ndemnit% is a penalt%.
Court must impose all the penalties for all the crimes
of which the accused is found 'uilt%, but in the service of
the same, the% shall not e-ceed three times the most
severe and shall not e-ceed >= %ears.
M&Jo#,4, +. S,n4!-,n/,>,n (1987)
Facts: The petitioner was convicted of violatin'
$ection 3(<" of RA No. 3=1: a/a the Anti?1raft and
Corrupt Practices Act. 2ne of the issues raised b% the
petitioner concerns the penalt% imposed b% the
$andi'anba%an which totals !0 %ears and da%s of
imprisonment. ,e impu'ns this as contrar% to the three?
fold rule and insists that the duration of the a''re'ate
penalties should not e-ceed >= %ears.
Held: Petitioner is mista/en in his application
of the 3?fold rule as set forth in Art. ;= of the RPC. This
article is to be ta/en into account not in the imposition
of the penalt% but in connection with the service of the
sentence imposed. Art. ;= spea/s of 5service7 of
sentence, 5duration7 of penalt% and penalt% 5to be
inflicted7. Nowhere in the article is an%thin' mentioned
about the 5imposition of penalt%7. 6t merel% provides
that the prisoner cannot be made to serve more than
three times the most severe of these penalties the
ma-imum which is >= %ears.
WHERE THE PENALTY IS NOT
COMPOSED OF @ PERIODS
A#. 0(. Rule in cases in #hich the penalty
is not compose of three perios! I 6n cases in
which the penalt% prescribed b% law is not composed of
three periods, the courts shall appl% the rules contained
in the fore'oin' articles, dividin' into three e9ual
portions of time included in the penalt% prescribed, and
formin' one period of each of the three portions.
MEANIN6 OF THE RULE
1. Compute and determine first the 3 periods of
the entire penalt%.
#. The time included in the penalt% prescribed
should be divided into 3 e9ual portions, after subtractin'
the minimum (eliminate the 1 da%" from the ma-imum
of the penalt%.
3. The minimum of the minimum period should be
the minimum of the 'iven penalt% (includin' the 1 da%"
>. The 9uotient should be added to the minimum
prescribed (eliminate the 1 da%" and the total will
represent the ma-imum of the minimum period. Ta/e
the ma-imum of the minimum period, add 1 da% and
ma/e it the minimum of the medium periodF then add
the 9uotient to the minimum (eliminate the 1 da%" of
the medium period and the total will represent the
ma-imum of the medium period. Ta/e the ma-imum of
the medium period, add 1 da% and ma/e it the minimum
of the ma-imum periodF then add the 9uotient to the
minimum (eliminate the 1 da%" of the ma-imum period
and the total will represent the ma-imum of the
ma-imum period.
In ;& M,&# o8 ;& *&!!on 8o# H,/&,s Co#*"s o8
P&& L,-#,n (.221)
Facts: The accused was convicted of 3 counts
of violatin' (P## and was sentenced to imprisonment of
1 %ear for each count. ,e was detained on Ceb. #>,
1:::. 2n *ar. 1:, #==1, he filed a petition for habeas
corpus claimin' he completed the service of his
sentence. Citin' Art. ;=, RPC, he claimed that he shall
serve the penalties simultaneousl%. Thus, there is no
more le'al basis for his detention.
Held: Art. ;= allows simultaneous service of
two or more penalties onl% if the nature of the penalties
so permit. 6n the case at bar, the petitioner was
sentenced to suffer one %ear imprisonment for ever%
count of the offense committed. The nature of the
sentence does not allow petitioner to serve all the terms
simultaneousl%. The rule of successive service of
sentence must be applied.
H. THE INDETERMINATE SENTENCE LAW
ACT NO. 4103
AN ACT TO PRO(IE &OR AN INETER%INATE
SENTENCE AN PAROLE &OR ALL PERSONS CON(ICTE O&
CERTAIN CRI%ES B# T"E COURTS O& T"E P"ILIPPINE
ISLANS: TO CREATE A BOAR O& INETER%INATE
SENTENCE AN TO PRO(IE &UNS T"ERE&OR: AN &OR
OT"ER PURPOSES
SECTION 1. Eereafter, in imposing a prison sentence for
an offense punished by the evised !enal "ode, or its amendments,
the court shall sentence the accused to an indeterminate sentence
the ma)imum term of which shall be that which, in view of the
/ viv Pa'e 11=
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attending circumstances, could be properly imposed under the rules
of the said "ode, and the minimum which shall be within the range of
the penalty ne)t lower to that prescribed by the "ode for the offense;
and if the offense is punished by any other law, the court shall
sentence the accused to an indeterminate sentence, the ma)imum
term of which shall not e)ceed the ma)imum fi)ed by said law and
the minimum shall not be less than the minimum term prescribed by
the same% >As amended by Act +o% 4009%?
SECTION 2. &his Act shall not apply to persons convicted
of offenses punished with death penalty or life-imprisonment; to those
convicted of treason, conspiracy or proposal to commit treason; to
those convicted of misprision of treason, rebellion, sedition or
espionage; to those convicted of piracy; to those who are habitual
delin1uents; to those who have escaped from confinement or evaded
sentence; to those who having been granted conditional pardon by
the "hief C)ecutive shall have violated the terms thereof; to those
whose ma)imum term of imprisonment does not e)ceed one year, not
to those already sentenced by final judgment at the time of approval
of this Act, e)cept as provided in Section 9 hereof% >As amended by
Act +o% 4009%?
SECTION 3. &here is hereby created a /oard of !ardons
and !arole to be composed of the Secretary of Iustice who shall be
its "hairman, and four members to be appointed by the !resident,
with the consent of the "ommission on Appointments who shall hold
office for a term of si) years# !rovided, &hat one member of the board
shall be a trained sociologist, one a clergyman or educator, one
psychiatrist unless a trained psychiatrist be employed by the board,
and the other members shall be persons 1ualified for such wor- by
training and e)perience% At least one member of the board shall be a
woman% .f the members of the present board, two shall be
designated by the !resident to continue until =ecember thirty,
nineteen hundred and si)ty-si) and the other two shall continue until
=ecember thirty, nineteen hundred and si)ty-nine% In case of any
vacancy in the membership of the /oard, a successor may be
appointed to serve only for the une)pired portion of the term of the
respective members% >As amended by epublic Act +o% 40*2, Iune
1<, 1<69%?
SECTION 4. &he /oard of !ardons and !arole is
authori(ed to adopt such rules and regulations as may be necessary
for carrying out its functions and duties% &he /oard is empowered to
call upon any bureau, office, branch, subdivision, agency or
instrumentality of the @overnment for such assistance as it may need
in connection with the performance of its functions% A majority of all
the members shall constitute a 1uorum and a majority vote shall be
necessary to arrive at a decision% Any dissent from the majority
opinion shall be reduced to writing and filed with the records of the
proceedings% Cach member of the /oard, including the "hairman and
the C)ecutive .fficer, shall be entitled to receive as compensation
fifty pesos for each meeting actually attended by him, notwithstanding
the provisions of Section two hundred and fifty-nine of the evised
Administrative "ode, and in addition thereto, reimbursement of actual
and necessary travelling e)penses incurred in the performance of
duties# !rovided, however, &hat the /oard meetings will not be more
than three times a wee-% >As amended by epublic Act +o% 40*2,
Iune 1<, 1<69%?
SECTION 5. It shall be the duty of the /oard of
Indeterminate Sentence to loo- into the physical, mental and moral
record of the prisoners who shall be eligible to parole and to
determine the proper time of release of such prisoners% 4henever
any prisoner shall have served the minimum penalty imposed on him,
and it shall appear to the /oard of Indeterminate Sentence, from the
reports of the prisonerDs wor- and conduct which may be received in
accordance with the rules and regulations prescribed, and from the
study and investigation made by the /oard itself, that such prisoner is
fitted by his training for release, that there is a reasonable probability
that such prisoner will live and remain at liberty without violating the
law, and that such release will not be incompatible with the welfare of
society, said /oard of Indeterminate Sentence may, in its discretion,
and in accordance with the rules and regulations adopted hereunder,
authori(e the release of such prisoner on parole, upon such terms
and conditions as are herein prescribed and as may be prescribed by
the /oard% &he said /oard of Indeterminate Sentence shall also
e)amine the records and status of prisoners who shall have been
convicted of any offense other than those named in Section 0 hereof,
and have been sentenced for more than one year by final judgment
prior to the date on which this Act shall ta-e effect, and shall ma-e
recommendation in all such cases to the @overnor-@eneral with
regard to the parole of such prisoners as they shall deem 1ualified for
parole as herein provided, after they shall have served a period of
imprisonment not less than the minimum period for which they might
have been sentenced under this Act for the same offense%
SECTION 6. Cvery prisoner released from confinement on
parole by virtue of this Act shall, at such times and in such manner as
may be re1uired by the conditions of his parole, as may be
designated by the said /oard for such purpose, report personally to
such government officials or other parole officers hereafter appointed
by the /oard of Indeterminate Sentence for a period of surveillance
e1uivalent to the remaining portion of the ma)imum sentence
imposed upon him or until final release and discharge by the /oard of
Indeterminate Sentence as herein provided% &he officials so
designated shall -eep such records and ma-e such reports and
perform such other duties hereunder as may be re1uired by said
/oard% &he limits of residence of such paroled prisoner during his
parole may be fi)ed and from time to time changed by the said /oard
in its discretion% If during the period of surveillance such paroled
prisoner shall show himself to be a law-abiding citi(en and shall not
violate any of the laws of the !hilippine Islands, the /oard of
Indeterminate Sentence may issue a final certificate of release in his
favor, which shall entitle him to final release and discharge%
SECTION 7. &he /oard shall file with the court which
passed judgment on the case, and with the "hief of "onstabulary, a
certified copy of each order of conditional or final release and
discharge issued in accordance with the provisions of the ne)t
preceding two sections%
SECTION 8. 4henever any prisoner released on parole by
virtue of this Act shall, during the period of surveillance, violate any of
the conditions of his parole, the /oard of Indeterminate Sentence
may issue an order for his re-arrest which may be served in any part
of the !hilippine Islands by any police officer% In such case the
prisoner so re-arrested shall serve the remaining une)pired portion of
the ma)imum sentence for which he was originally committed to
prison, unless the /oard of Indeterminate Sentence shall, in its
discretion, grant a new parole to the said prisoner% >As amended by
Act +o% 4009%?
SECTION 9. +othing in this Act shall be construed to impair
or interfere with the powers of the @overnor-@eneral as set forth in
Section 64>i? of the evised Administrative "ode or the Act of
"ongress approved August 0<, 1<16 entitled $An Act to declare the
purpose of the people of the Anited States as to the future political
status of the people of the !hilippine Islands, and to provide a more
autonomous government for those Islands%$
SECTION 10. 4henever any prisoner shall be released on
parole hereunder he shall be entitled to receive the benefits provided
in Section 1:91 of the evised Administrative "ode%
Approved and effective on =ecember 9, 1<<2%
The indeterminate sentence is composed of.
1. a *AH6*3* ta/en from the penalt%
imposable under the penal code
#. a *6N6*3* ta/en from the penalt% ne-t
lower to that fi-ed in the code.
The law does not appl% to certain offenders.
1. Persons convicted of offense punished with
death penalt% or life imprisonment.
#. Those convicted of treason, conspirac% or
proposal to commit treason.
3. Those convicted of misprision of treason,
rebellion, sedition or espiona'e.
>. Those convicted of pirac%.
!. Those who are habitual delin9uents.
0. Those who shall have escaped from
confinement or evaded sentence.
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;. Those who violated the terms of conditional
pardon 'ranted to them b% the Chief
<-ecutive.
. Those whose ma-imum term of imprisonment
does not e-ceed one %ear.
:. Those who, upon the approval of the law, had
been sentenced b% final +ud'ment.
1=. Those sentenced to the penalt% of destierro or
suspension.
Purpose of the law. to uplift and redeem valuable
human material and prevent unnecessar% and e-cessive
deprivation of libert% and economic usefulness
? 6t is necessar% to consider the criminal first
as an individual, and second as a member of the societ%.
? The law is intended to favor the defendant,
particularl% to shorten his term of imprisonment,
dependin' upon his behavior and his ph%sical, mental
and moral record as a prisoner, to be determined b% the
(oard of 6ndeterminate $entence.
The settled practice is to 'ive the accused the benefit
of the law even in crimes punishable with death or life
imprisonment provided the resultin' penalt%, after
considerin' the attendin' circumstances, is reclusion
temporal or less.
6$& does not appl% to destierro. 6$& is e-pressl%
'ranted to those who are sentenced to imprisonment
e-ceedin' 1 %ear.
PROCEDURE FOR DETERMIN6 THE MAGIMUM AND
MINIMUM SENTENCE
6s consists of a ma-imum and a minimum instead of a
sin'le fi-ed penalt%.
Prisoner must serve the minimum before he is eli'ible
for parole.
The period between the minimum and ma-imum is
indeterminate in the sense that the prisoner ma% be
e-empted from servin' said indeterminate period in
whole or in part.
The ma-imum is determined in an% case punishable
under the RPC in accordance with the rules and
provisions of said code e-actl% as if the 6$& had never
been enacted.
Appl% first the effect of privile'ed miti'atin'
circumstances then consider the effects of a''ravatin'
and ordinar% miti'atin' circumstances.
The minimum depends upon the courtBs discretion
with the limitation that it must be within the ran'e of
the penalt% ne-t lower in de'ree to that prescribed b%
the Code for the offense committed.
N2T<. A minor who escaped from confinement in the
reformator% is entitled to the benefits of the 6$& because
his confinement is not considered imprisonment.
A#. 01. Rules for the application of
penalties #hich contain three perios! I 6n cases in
which the penalties prescribed b% law contain three
periods, whether it be a sin'le divisible penalt% or
composed of three different penalties, each one of which
forms a period in accordance with the provisions of
Articles ;0 and ;;, the court shall observe for the
application of the penalt% the followin' rules, accordin'
to whether there are or are not miti'atin' or
a''ravatin' circumstances.
1. Ahen there are neither a''ravatin' nor
miti'atin' circumstances, the% shall impose the penalt%
prescribed b% law in its medium period.
#. Ahen onl% a miti'atin' circumstance is
present in the commission of the act, the% shall impose
the penalt% in its minimum period.
3. Ahen an a''ravatin' circumstance is
present in the commission of the act, the% shall impose
the penalt% in its ma-imum period.
circumstances are present, the court shall reasonabl%
offset those of one class a'ainst the other accordin' to
their relative wei'ht.
!. Ahen there are two or more miti'atin'
circumstances and no a''ravatin' circumstances are
present, the court shall impose the penalt% ne-t lower to
that prescribed b% law, in the period that it ma% deem
applicable, accordin' to the number and nature of such
circumstances.
0. Ahatever ma% be the number and nature of
the a''ravatin' circumstances, the courts shall not
impose a 'reater penalt% than that prescribed b% law, in
its ma-imum period.
;. Aithin the limits of each period, the court
shall determine the e-tent of the penalt% accordin' to
the number and nature of the a''ravatin' and
miti'atin' circumstances and the 'reater and lesser
e-tent of the evil produced b% the crime.
D& %, C#"F +. CA (1990)
6n as much as the amount of P;1!/ is P0:3/
more than the abovementioned benchmar/ of P##/,
then addin' one %ear for each additional P1=/, the
ma-imum period of 0 %ears, months and #1 da%s to
%ears of prision mayor minimum would be increased b%
0: %ears, as computed b% the trial court. (ut the law
cate'oricall% declares that the ma-imum penalt% then
shall not e-ceed #= %ears of reclusion temporal. 3nder
the 6$&, the minimum term of the indeterminate penalt
should be within the ran'e of the penalt% ne-t lower in
de'ree to that prescribed b the Code for the offense
committed, which is prision correccional.
P&o*%& +. C,3*";,n (supraA
The penalt% for attempted rape is two (#"
de'rees lower than the imposable penalt% of death for
the offense char'ed, which is statutor% rape of a minor
below seven (;" %ears. Two (#" de'rees lower is
reclusion temporal, the ran'e of which is twelve (1#"
%ears and one (1" da% to twent% (#=" %ears. Appl%in'
the 6ndeterminate $entence &aw, and in the absence of
an% miti'atin' or a''ravatin' circumstance, the
ma-imum of the penalt% to be imposed upon the
accused shall be ta/en from the medium period of
reclusion temporal, the ran'e of which is fourteen (1>"
%ears, ei'ht (" months and (1" da% to seventeen (1;"
%ears and four (>" months, while the minimum shall be
ta/en from the penalt% ne-t lower in de'ree, which is
prision mayor, the ran'e of which is from si- (0" %ears
and one (1" da% to twelve (1#" %ears, in an% of its
periods.
P&o*%& +. S,%&> (supraA
3nder the 6ndeterminate $entence &aw, the
ma-imum term of the penalt% shall be Lthat which, in
view of the attendin' circumstances, could be properl%
imposedL under the Revised Penal Code, and the
minimum shall be Lwithin the ran'e of the penalt% ne-t
lower to that prescribedL for the offense. The penalt%
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ne-t lower should be based on the penalt% prescribed b%
the Code for the offense, without first considerin' an%
modif%in' circumstance attendant to the commission of
the crime. The determination of the minimum penalt% is
left b% law to the sound discretion of the court and it can
be an%where within the ran'e of the penalt% ne-t lower
without an% reference to the periods into which it mi'ht
be subdivided. The modif%in' circumstances are
considered onl% in the imposition of the ma-imum term
of the indeterminate sentence.
The fact that the amounts involved in the instant
case e-ceed P##,===.== should not be considered in the
initial determination of the indeterminate penalt%F
instead, the matter should be so ta/en as analo'ous to
modif%in' circumstances in the imposition of the
ma-imum term of the full indeterminate sentence. This
interpretation of the law accords with the rule that penal
laws should be construed in favor of the accused. $ince
the penalt% prescribed b% law for the estafa char'e
a'ainst accused?appellant is prision correccional
ma-imum to prision mayor minimum, the penalt% ne-t
lower would then be prision correccional minimum to
medium. Thus, the minimum term of the indeterminate
sentence should be an%where within si- (0" months and
one (1" da% to four (>" %ears and two (#" months .
I. EGECUTION AND SER)ICE OF PENALTIES
E:&$"!on o8 P&n,%!&s
A#. 78. 0hen an ho# a penalty is to be
execute. I No penalt% shall be e-ecuted e-cept b%
virtue of a final +ud'ment.
A penalt% shall not be e-ecuted in an% other form than
that prescribed b% law, nor with an% other circumstances
or incidents than those e-pressl% authori4ed thereb%.
6n addition to the provisions of the law, the special
re'ulations prescribed for the 'overnment of the
institutions in which the penalties are to be suffered
shall be observed with re'ard to the character of the
wor/ to be performed, the time of its performance, and
other incidents connected therewith, the relations of the
convicts amon' themselves and other persons, the relief
which the% ma% receive, and their diet.
The re'ulations shall ma/e provision for the separation
of the se-es in different institutions, or at least into
different departments and also for the correction and
reform of the convicts.
The +ud'ment must be final before it can be e-ecuted,
because the accused ma% still appeal within 1! da%s
from its promul'ation. (ut if the defendant has
e-pressl% waived in writin' his ri'ht to appeal, the
+ud'ment becomes final and e-ecutor%.
$ee Rules and re'ulations to implement RA No. 1;;
under Capital Punishment.
A#. 80. Reclusion perpetua& reclusion
temporal& prision mayor& prision correccional an
arresto mayor! I The penalties of reclusion perpetua,
reclusion temporal, prision ma%or, prision correccional
and arresto ma%or, shall be e-ecuted and served in the
places and penal establishments provided b% the
Administrative Code in force or which ma% be provided
b% law in the future.
A#. 87. Destierro! I An% person sentenced
to destierro shall not be permitted to enter the place or
places desi'nated in the sentence, nor within the radius
therein specified, which shall be not more than #!= and
not less than #! /ilometers from the place desi'nated.
Convict shall not be permitted to enter the place
desi'nated in the sentence nor within the radius
specified, which shall not more than #!= and not less
than #! /m from the place desi'nated.
6f the convict enters the prohibited area, he commits
evasion of sentence.
)estierro is imposed.
a. Ahen the death or serious ph%sical in+uries is
caused or are inflicted under e-ceptional
circumstances (art. #>;"
b. Ahen a person fails to 'ive bond for 'ood
behavior (art. #>"
c. As a penalt% for the concubine in the crime of
concubina'e (Art. 33>"
d. Ahen after lowerin' the penalt% b% de'rees,
destierro is the proper penalt%.
A#. 88. $rresto menor. I The penalt% of
arresto menor shall be served in the municipal +ail, or in
the house of the defendant himself under the
surveillance of an officer of the law, when the court so
provides in its decision, ta/in' into consideration the
health of the offender and other reasons which ma%
seem satisfactor% to it.
$ervice of the penalt% of arresto menor.
a. 6n the municipal +ail
b. 6n the house of the offender, but under
the surveillance of an officer of the law,
whenever the court so provides in the
decision due to the health of the offender.
In ;& M,&# o8 ;& *&!!on 8o# H,/&,s Co#*"s o8
P&& L,-#,n (.221)
Facts: The accused was convicted of 3 counts
of violatin' (P## and was sentenced to imprisonment of
1 %ear for each count. ,e was detained on Ceb. #>,
1:::. 2n *ar. 1:, #==1, he filed a petition for habeas
corpus claimin' he completed the service of his
sentence. Citin' Art. ;=, RPC, he claimed that he shall
serve the penalties simultaneousl%. Thus, there is no
more le'al basis for his detention.
Held: Art. ;= allows simultaneous service of
two or more penalties onl% if the nature of the penalties
so permit. 6n the case at bar, the petitioner was
sentenced to suffer one %ear imprisonment for ever%
count of the offense committed. The nature of the
sentence does not allow petitioner to serve all the terms
simultaneousl%. The rule of successive service of
sentence must be applied.
E88&$s o8 ;& P#o/,!on L,9
T"E PROBATION LA;
T)<en .*o8 t+e O$ 5e0-ite
Section 2>a? of !residential =ecrees <67, as amended, defines
probation as a disposition under which an accused, after conviction
and sentence, is released subject to conditions imposed by the court
and to the supervision of a probation officer% It is a privilege granted by
the court; it cannot be availed of as a matter of right by a person
convicted of a crime% &o be able to enjoy the benefits of probation, it
must first be shown that an applicant has none of the dis1ualifications
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imposed by law%
i-=,)1i.ie2 O..en2e*-
!robation under != +o% <67, as amended, is intended for offenders
who are 17 years of age and above, and who are not otherwise
dis1ualified by law% .ffenders who are dis1ualified are those# >1?
sentenced to serve a ma)imum term of imprisonment of more than si)
years; >0? convicted of subversion or any offense against the security
of the State, or the !ublic .rder; >2? who have previously been
convicted by final judgment of an offense punished by imprisonment
of not less than one month and one day and5or a fine of not more than
&wo Eundred !esos; >4? who have been once on probation under the
provisions of this =ecree;
Po-t>Sentence In7e-ti4)tion
&he !ost-Sentence Investigation >!SI? and the submission of the
!ost-Sentence Investigation eport >!SI? are pre-re1uisites to the
court disposition on the application for probation%
Pe*io2 o. P*o0)tion
&he period of probation is in essence a time-bound condition% It is a
condition in point of time which may be shortened and lengthened
within the statutory limits and the achievements by the probationer of
the reasonable degrees of social stability and responsibility from the
measured observation of the supervising officer and the e)ercise
discretion by the court in decisive order%
P*o0)tion Con2ition-
&he grant of probation is accompanied by conditions imposed by the
court#
&he mandatory conditions re1uire that the probationer
shall >a? present himself to the probation officer
designated to underta-e his supervision at each place as
may be specified in the order within :0 hours from receipt
of said order, and >b? report to the probation officer at least
once a month at such time and place as specified by said
officer%
Special or discretionary conditions are those additional
conditions imposed on the probationer which are geared
towards his correction and rehabilitation outside of prison
and right in the community to which he belongs%
A violation of any of the conditions may lead either to a more
restrictive modification of the same or the revocation of the grant of
probation% "onse1uent to the revocation, the probationer will have to
serve the sentence originally imposed%
%o2i.ic)tion o. Con2ition- o. P*o0)tion
=uring the period of probation, the court may, upon application of
either the probationers or the probation officer, revise or modify the
conditions or period of probation% &he court shall notify either the
probationer or the probation officer of the filing of such an application
so as to give both parties an opportunity to be heard thereon%
T*)n-.e* o. Re-i2ence
4henever a probationer is permitted to reside in a place under the
jurisdiction of another court, control over him shall be transferred to
the e)ecutive judge of the $"ourt of 'irst Instance$ of that place, and
in such case, a copy of the !robation .rder, the investigation report
and other pertinent records shall be furnished to said e)ecutive judge%
&hereafter, the e)ecutive judge to whom jurisdiction over the
probationer is transferred shall have the power with respect to him
that was previously possessed by the court which granted the
probation%
Re7oc)tion o. P*o0)tion
At any time during probation, the court may issue a warrant for the
arrest of a probationer for any serious violation of the conditions of
probation% &he probationer, once arrested and detained, shall
immediately be brought before the court for a hearing of the violation
charged% &he defendant may be admitted to bail pending such
hearing% In such case, the provisions regarding release on bail of
persons charged with crime shall be applicable to probationers
arrested under this provision% An order revo-ing the grant of probation
or modifying the terms and conditions thereof shall not be appealable%
Te*8in)tion o. P*o0)tion
After the period of probation and upon consideration of the report and
recommendation of the probation officer, the court may order the final
discharge of the probationer upon finding that he has fulfilled the
terms and conditions of his probation and thereupon the case is
deemed terminated%
P*o4*)8- )n2 Se*7ice-
Po-t>Sentence In7e-ti4)tion. After conviction and sentence, a
convicted offender or his counsel files a petition for probation with the
trail court, who in turn orders the !robation .fficer to conduct a post-
sentence investigation to determine whether a convicted offender may
be placed on probation or not% &he role of the probation officer in this
phase is to conduct the post-sentence investigation and to submit his
report to the court within the period not later than 6* days from receipt
of the order of the "ourt to conduct the said investigation%
P*e>P)*o1e In7e-ti4)tion. &he !A.,C A+= !./A&I.+
A=8I+IS&A&I.+ - >!!A? conducts pre-parole investigation of all
sentenced prisoners confined in prisons and jails within their
jurisdiction% &he purpose is to determine whether offenders confined
in prisons5jails are 1ualified for parole or any form of e)ecutive
clemency and to discuss with them their plans after release% !robation
officers submit their pre-parole assessment reports to the /oard of
!ardons and !arole%
S,/e*7i-ion o. O..en2e*-. &he Agency supervises two types of
offenders under conditional release# >1? probationers, or persons
placed under probation by the courts; >0? parolees and pardonees, or
prisoners released on parole or conditional pardon and referred by the
/oard of !ardons and !arole >/!!? to !A.,C A+= !./A&I.+
A=8I+IS&A&I.+ - >!!A? >!!A?% &he objectives of supervision are
to carry out the conditions set forth in the probation5parole order, to
ascertain whether the probationer5parolee5pardonee is complying with
the said conditions, and to bring about the rehabilitation of the client
and his re-integration into the community%
Re+)0i1it)tion P*o4*)8-. &he treatment process employed by the
field officers focused on particular needs of probationers, parolees
and pardonees% Assistance is provided to the clientele in the form of
job placement, s-ills training, spiritual5moral upliftment, counseling,
etc%
Co88,nit6 Lin<)4e-
!robation5!arole, as a community-based treatment program, depends
on available resources in the community for the rehabilitation of
offenders% &hus, the Agency, recogni(ing the important role of the
community as a rehabilitation agent, involves the community in
probation wor- through the use of volunteer wor-ers and welfare
agencies%
!residential =ecree +o% <67 permits the utili(ation of the services of
Bolunteer !robation Aides to assist the !robation and !arole .fficers
in the supervision of probationers, parolees and pardonees
particularly in the areas where the caseload is heavy and the office is
understaff or where the residence of the clientele is very far from the
!arole and !robation .ffice% As defined, a Bolunteer !robation Aide is
a volunteer who is a citi(en of good moral character and good
standing in the community, who has been carefully selected and
trained to do volunteer probation wor-% Ee is appointed by the
Administrator after successful completion of the Introductory &raining
"ourse for probation volunteers% Eis term of office is one year but can
be renewed thereafter or terminated earlier depending upon his
performance and willingness to serve%
'urther, the !A.,C A+= !./A&I.+ A=8I+IS&A&I.+ - >!!A?,
through its "ommunity Services =ivision, egional and 'ield .ffices
nationwide, has been tapping government5non-government
organi(ations5individuals for various rehabilitation programs and
activities for probationers, parolees and pardonees%
L%,3,4o +. CA (1989)
6n its present form, $ection > of the Probation
&aw establishes a much narrower period durin' which an
application for probation ma be filed with the trial curt.
5after the trial curt shall have convicted and sentenced a
defendant and @ within the period for perfecting an
appeal7. The provision e-pressl% prohibits the 'rant of
/ viv Pa'e 11>
#==>?#==!
an application for probation if the defendant has
perfected an appeal from the +ud'ment of conviction.
PetitionerBs ri'ht to appl% for probation was lost
when he perfected his appeal from the +ud'ment of the
trial court. The trial court lost +urisdiction alread% over
the case.
B,%, +. M,#!n&F (1992)
P) 1::= which amends $ec. > of P) :0 is not
applicable to the case at bar. 6t went into effect on 8an.
1!, 1:! and cannot be 'iven retroactive effect because
it would be pre+udicial to the accused. (ala was placed
on probation on Au'. 11, 1:#.
<-piration of probation period alone does not
automaticall% terminate probationF a final order of
dischar'e from the court is re9uired. Probation is
revocable before the final dischar'e b% the court.
Probationer failed to reunite with responsible societ%. ,e
violated the conditions of his probation. Thus, the
revocation of his probation is compellin'.
S,%-,4o +. CA (1992)
There is no 9uestion that the decision
convictin' $al'ado of the crime of serious ph%sical
in+uries had become final and e-ecutor% because the
filin' b% respondent of an application for probation is
deemed a waiver of his ri'ht to appeal.
The 'rant of probation does not e-tin'uish the
civil liabilit% of the offender. The order of probation with
one of the conditions providin' for the manner of
pa%ment of the civil liabilit% durin' the period of
probation, did not increase or decrease the civil liabilit%
ad+ud'ed.
The conditions listed under $ec. 1= of the
Probation law are not e-clusive. Courts are allowed to
impose practicall% an% term it chooses, the onl%
limitation bein' that it does not +eopardi4e the
constitutional ri'hts of the accused.
O88!$& o8 ;& Co"# A43!n!s#,o# +. L!/#,4o (1990)
Facts: The respondent is a deput% sheriff who
was char'ed of violatin' the )an'erous )ru's Act and is
now claimin' he is in probation. The 2CA filed an
administrative case a'ainst him and he was suspended
from office.
Held: Ahile indeed the purpose of the
Probation &aw is to save valuable human material, it
must not be for'otten that unli/e pardon probation does
not obliterate the crime of which the person under
probation has been convicted. The ima'e of the +udiciar%
is tarnished b% conduct involvin' moral turpitude. The
reform and rehabilitation of the probationer cannot
+ustif% his retention in the 'overnment service.
S"s*&ns!on !n $,s& o8 Ins,n!> o# M!no#!>
A#. 79. Suspension of the execution an
service of the penalties in case of insanity! I Ahen
a convict shall become insane or an imbecile after final
sentence has been pronounced, the e-ecution of said
sentence shall be suspended onl% with re'ard to the
personal penalt%, the provisions of the second para'raph
of circumstance number 1 of Article 1# bein' observed
in the correspondin' cases.
6f at an% time the convict shall recover his
reason, his sentence shall be e-ecuted, unless the
penalt% shall have prescribed in accordance with the
provisions of this Code.
The respective provisions of this section shall
also be observed if the insanit% or imbecilit% occurs while
the convict is servin' his sentence.
2nl% e-ecution of personal penalt% is suspended. civil
liabilit% ma% be e-ecuted even in case of insanit% of
convict.
An accused ma% become insane.
a. at the time of commission of the crime
@ e-empt from criminal liabilit%
b. at the time of the trial
? court shall suspend hearin's and order
his confinement in a hospital until he
recovers his reason
c. at the time of final +ud'ment or while
servin' sentence
@ e-ecution suspended with re'ard to the
personal penalt% onl%
see <-emptin' Circumstance of *inorit% for P) No.
0=3 and Rule on 8uveniles in Conflict with &aw.
)I. EGTINCTION OF CRIMINAL LIABILITY

A. TOTAL EGTINCTION
A#. 89. +o# criminal liability is totally
extinguishe! I Criminal liabilit% is totall%
e-tin'uished.
1. (% the death of the convict, as to the
personal penalties and as to pecuniar% penalties, liabilit%
therefor is e-tin'uished onl% when the death of the
offender occurs before final +ud'ment.
#. (% service of the sentenceF
3. (% amnest%, which completel% e-tin'uishes
the penalt% and all its effectsF
>. (% absolute pardonF
!. (% prescription of the crimeF
0. (% prescription of the penalt%F
;. (% the marria'e of the offended woman, as
provided in Article 3>> of this Code.
Ho9 !s $#!3!n,% %!,/!%!> &:!n-"!s;&4K
1. T2TA&
#. PART6A&
<-tinction of criminal liabilit% does not automaticall%
e-tin'uish the civil liabilit%.
C,"s&s o8 &:!n$!on o8 $#!3!n,% %!,/!%!>D
1. BY DEATH OF THE CON)ICT
? the death of the convict whether before or
after final +ud'ment e-tin'uished criminal liabilit%.
? civil liabilit% is e-tin'uished onl% when death
occurs before final +ud'ment.
? death of the accused pendin' appeal of his
conviction e-tin'uished his criminal liabilit% as well as
the civil liabilit% based solel% on the offense committedF
except, the claim for civil liabilit% survives if the same
ma% also be predicated on a source of obli'ation other
than delict such as law, contracts, 9uasi?contracts and
9uasi?delicts.
? death of the offended part% does not
e-tin'uish the criminal liabilit% of the offender.
.. BY SER)ICE OF SENTENCE
? crime is a debt incurred b% the offender as a
conse9uence of his wron'ful act and the penalt% is but
/ viv Pa'e 11!
#==>?#==!
the amount of his debt. Ahen pa%ment is made, the
debt is e-tin'uished. $ervice of sentence does not
e-tin'uish civil liabilit%.
@. BY AMNESTY
? amnest% is an act of the soverei'n power
'rantin' oblivion or a 'eneral pardon for a past offense,
and is rarel%, if ever, e-ercised in favor of a sin'le
individual, and is usuall% e-erted in behalf of certain
classes of persons, who are sub+ect to trial but have not
%et been convicted.
1. BY ABSOLUTE PARDON
? 6t is an act of 'race proceedin' from the
power entrusted with the e-ecution of the laws which
e-empts the individual on whom is bestowed from the
punishment the law inflicts for the crime he has
committed.
P,#4on A3n&s>
6ncludes an% crime 1enerall% political offenses
1iven after conviction 1iven before conviction or
institution of the action
&oo/s forward and for'ives
the punishment
&oo/s bac/wards and
abolished the offense itself
*ust be proved as a
defense
(ein' a result of a
proclamation, the court
ma% ta/e +udicial notice of
the same
)o not e-tin'uish civil liabilit%
(. BY PRESCRIPTION OF CRIME
? the forfeiture or loss of the ri'ht of the $tate to
prosecute the offender after the lapse of a certain
time.
0. BY PRESCRIPTION OF PENALTY
? the loss or forfeiture of the ri'ht of the
'overnment to e-ecute the final sentence after the
lapse of a certain time.
Re9uisites. a" that there be final +ud'ment
b" that the period of time prescribed
b% law for its enforcement has
elapsed.
7. BY THE MARRIA6E OF THE OFFENDED
WOMAN
? applicable in the crimes of rape, seduction,
abduction or acts of lasciviousness. *arria'e must be
made in 'ood faith.
A#. 92. Prescription of crime. I Crimes
punishable b% death, reclusion perpetua or reclusion
temporal shall prescribe in twent% %ears.
Crimes punishable b% other afflictive penalties
shall prescribe in fifteen %ears.
Those punishable b% a correctional penalt%
shall prescribe in ten %earsF with the e-ception of those
punishable b% arresto ma%or, which shall prescribe in
five %ears.
The crime of libel or other similar offenses shall
prescribe in one %ear.
The crime of oral defamation and slander b%
deed shall prescribe in si- months.
&i'ht offenses prescribe in two months.
Ahen the penalt% fi-ed b% law is a compound
one, the hi'hest penalt% shall be made the basis of the
application of the rules contained in the first, second and
third para'raphs of this article. (As amended b% RA
>001, approved 8une 1:, 1:00".
6n computin' the period of prescription, the first da% is
to be e-cluded and the last da% included.
Ahere the last da% of the prescriptive period for filin'
an information falls on a $unda% or le'al holida%, the
information can no lon'er be filed on the ne-t da% as the
crime has alread% prescribed.
PERIOD OF PRESCRIPTION OF CRIMES PUNISHED
BYD
1. death, reclusion perpetua and reclusion
temporal
? #= %ears
#. other afflictive penalties
? 1! %ears
3. correctional penalties
? 1= %ears e-cept arresto mayor which
prescribes in ! %ears
>. libel or similar offense
? 1 %ear (as amended b% RA >001"
!. oral defamation and slander b% deed
? 0 months
0. li'ht offenses
? # months
PRESCRIPTION OF OFFENSES PUNISHED BY
SPECIAL LAWSD
a. punished b% a fine or imprisonment not more
than 1 month or both @ 1 %ear
b. punished b% imprisonment of more than 1
month but less than # %ears @ > %ears
c. punished b% imprisonment for # %ears but less
than 0 %ears @ %ears
d. punished b% imprisonment for 0 %ears or more
@ 1# %ears
e. 6nternal Revenue offenses @ ! %ears
f. *unicipal ordinances @ # months (Act. No.
3;03, as amended"
A#. 91. Computation of prescription of
offenses! I The period of prescription shall commence
to run from the da% on which the crime is discovered b%
the offended part%, the authorities, or their a'ents, and
shall be interrupted b% the filin' of the complaint or
information, and shall commence to run a'ain when
such proceedin's terminate without the accused bein'
convicted or ac9uitted, or are un+ustifiabl% stopped for
an% reason not imputable to him.
The term of prescription shall not run when the
offender is absent from the Philippine Archipela'o.
Period commences to run from the da% the offense is
committed or discovered b% the offended part%, the
authorities or their a'ents. 6t does not run if the
offender is outside the Philippines.
The fact that the offender is un/nown will not
interrupt the period of prescription because what the
Code re9uires is the discover% of the crime and not of
the offender.
The period is interrupted b% the filin' of the complaint
or information.
? The period is not interrupted b the mere act of
reportin' the case to the fiscal.
? The preliminar% investi'ation conducted b% the
municipal ma%or in the absence of the +ustice of peace
/ viv Pa'e 110
#==>?#==!
parta/es of the nature of a +udicial proceedin' and it
does not interrupt the runnin' of the period of
prescription.
The period commences to run a'ain when the
proceedin' is terminated.
? without the accused bein' convicted or
ac9uitted
? the proceedin' is un+ustifiabl% stopped for a
reason not imputable to the offender.
6n continuin' crime, the prescription commences to
run after the termination of the continuit% of the offense.
Period of prescription of election offense be'ins to
run.
1" if discover% of the offense is
incidental in a +udicial proceedin'
? from the date of the termination of the
proceedin's
#" otherwise
? from the date of the commission of the
offense

A#. 9.. 0hen an ho# penalties
prescribe! I The penalties imposed b% final sentence
prescribe as follows.
1. )eath and reclusion perpetua, in twent%
%earsF
#. 2ther afflictive penalties, in fifteen %earsF
3. Correctional penalties, in ten %earsF with the
e-ception of the penalt% of arresto ma%or, which
prescribes in five %earsF
>. &i'ht penalties, in one %ear.
PERIOD OF PRESCRIPTION OF PENALTIESD
1. death and reclusion perpetua #= %ears
#. other afflictive penalties @ 1! %ears
3. correctional penalties @ 1= %ears e-cept
arresto mayor which prescribes in ! %ears
>. li'ht penalties ? %ear
A#. 9@. Computation of the prescription
of penalties! I The period of prescription of penalties
shall commence to run from the date when the culprit
should evade the service of his sentence, and it shall be
interrupted if the defendant should 'ive himself up, be
captured, should 'o to some forei'n countr% with which
this 1overnment has no e-tradition treat%, or should
commit another crime before the e-piration of the period
of prescription.
Period commences to run from the date the culprit
evades the service of sentence.
The period is interrupted.
a. if the defendant
surrenders
b. if he is captured
c. if he should 'o to a
forei'n countr% with which the Philippines has
no e-tradition treat%
d. if he should commit
another crime before the e-piration of the
period of prescription
ELEMENTSD
a. penalt% is imposed b% final sentence
b. the convict evaded the service of sentence b%
escapin' durin' the term of his sentence
c. escaped convict has not 'iven himself up, or
has been captured
d. penalt% has prescribed because of the lapse of
time
A#. @0. Paron. its effect. I A pardon shall
not wor/ the restoration of the ri'ht to hold public office,
or the ri'ht of suffra'e, unless such ri'hts be e-pressl%
restored b% the terms of the pardon.
A pardon shall in no case e-empt the culprit
from the pa%ment of the civil indemnit% imposed upon
him b% the sentence.
Mons,no +. F,$o#,n (1989)
*onsanto was convicted of the comple- crime
of estafa thru falsification of public documents. $he was
pardoned. $he now see/s reinstatement to her former
position as Assistant treasurer, without need of a new
appointment.
Pardon does not ipso facto restore a convicted
felon to public office. A pardon althou'h full and plenar%,
cannot preclude the appointin' power from refusin'
appointment to an%one deemed of bad character, a poor
moral ris/, or who is unsuitable b% reason of the
pardoned conviction.
P#&s!4&n!,% A4 Ho$ F,$=F!n4!n- Co33!&& +.
D&s!&#o (.221)
The applicable law in the computation of the
prescriptive period for RA 3=1: is $ection # of Act No.
33#0 which provides that prescription shall be'in to run
from the da% of the commission of the violation of the
law and if the same be not /nown at the time, from the
discover% thereof and the institution of +udicial
proceedin's for its investi'ation and punishment.
P&o*%& +. A/"n-,n (.222)
Facts: Abun'an, to'ether with # others were
char'ed with murder for the death of )irilo, $r. Abun'an
pleaded not 'uilt% upon his arrai'nment. After trial on
the merits, the trial court sentenced Pedro Abun'an to
suffer the penalt% of reclusion and such penalties
accessor% thereto. Abun'an appealed his case but died
durin' the pendenc% of his appeal.
Held: The death of appellant e-tin'uished his
criminal liabilit%. *oreover, because he died durin' the
pendenc% of the appeal and before the finalit% of the
+ud'ment a'ainst him, his civil liabilit% arisin' from the
crime or delict (civil liabilit% e- delicto" was also
e-tin'uished. 6t must be added, thou'h, that his civil
liabilit% ma% be based on sources of obli'ation other
than delict. Cor this reason, the victims ma% file a
separate civil action a'ainst his estate, as ma% be
warranted b% law and procedural rules.
R&$&/!4o +. P&o*%& (.222)
Facts: 2n $eptember :, 1::=, )orol went to
the house of her cousin, Recebido, to redeem her
propert%, an a'ricultural land with an area of 3,!#= s9
meters, which )orol mort'a'ed to Recebido sometime in
April of 1:!. Recebido and )orol did not e-ecute a
document on the mort'a'e but )orol instead 'ave
Recebido a cop% of the )eed of $ale dated 8une 10,
1:;3 e-ecuted in her favor b% her father. 6n said
confrontation, petitioner refused to allow )orol to
redeem her propert% on his claim that she had sold her
propert% to him in 1:;:. )orol maintained and insisted
that the transaction between them involvin' her
propert% was a mort'a'e. )orol verified from the 2ffice
/ viv Pa'e 11;
#==>?#==!
of the Assessor in $orso'on that there e-ists on its file a
)eed of $ale dated Au'ust 13, 1:;:, alle'edl% e-ecuted
b% )orol in favor of Recebido and that the propert% was
re'istered in the latterMs name. 3pon e-amination of the
said )eed of $ale, it was discovered that )orolBs
si'nature on said document was falsified b% Recebido.
Recebido then alle'ed that 8uan )orol sold the said land
to him on Au'ust 13, 1:3.
Held: 3nder Article :1 of the Revised Penal
Code, the period of prescription shall Lcommence to run
from the da% on which the crime is discovered b% the
offended part%, the authorities, or their a'ents, . . ..L 6n
People v. Re%es, The Court has declared that re'istration
in public re'istr% is a notice to the whole world. The
record is constructive notice of its contents as well as all
interests, le'al and e9uitable, included therein. All
persons are char'ed with /nowled'e of what it contains.
The Court noted that )orol had no actual
/nowled'e of the falsification prior to $eptember :,
1::=. The alle'ed sale also could not have been
re'istered before 1:3, the %ear the alle'ed deed of sale
was e-ecuted b% )orol. Considerin' the fore'oin', it is
lo'ical and in consonance with human e-perience to
infer that the crime committed was not discovered, nor
could have been discovered, b% the offended part%
before 1:3. Neither could constructive notice b%
re'istration of the for'ed deed of sale, which is favorable
to the petitioner since the runnin' of the prescriptive
period of the crime shall have to be rec/oned earlier,
have been done before 1:3 as it is impossible for the
petitioner to have re'istered the deed of sale prior
thereto. <ven 'rantin' ar'uendo that the deed of sale
was e-ecuted b% the private complainant, delivered to
the petitioner?accused in Au'ust 13, 1:3 and
re'istered on the same da%, the 1=%r prescriptive period
of the crime had not %et elapsed at the time the
information was filed in 1::1. The crime had not
prescribed at the time of the filin' of the information.
D&% C,s!%%o +. To##&$,3*o (.22.)
Facts: The trial court rendered +ud'ment and
declared Torrecampo 'uilt% of violatin' $ection 1; (nn"
of P) 1#:0, otherwise /nown as the 1:; <lection Code,
for stri/in' the electric bulb and # /erosene petroma-
lamps durin' the countin' of the votes in a votin' center
plun'in' the room in complete dar/ness, thereb%
interruptin' and disruptin' the proceedin's of the (oard
of <lection Tellers. Torrecampo appealed his conviction to
the CA which eventuall% affirmed the decision of the trial
court in toto. $aid decision became final and e-ecutor%.
Thus, the e-ecution of +ud'ment was scheduled on
2ctober 1>, 1:;. )urin' the e-ecution of +ud'ment,
petitioner failed to appear which prompted the presidin'
+ud'e to issue an order of arrest of petitioner and the
confiscation of his bond. ,owever, petitioner was never
apprehended. ,e remained at lar'e. Ten %ears later, on
2ctober #>, 1::;, Torrecampo filed a motion to 9uash
the warrant issued for his arrest on the 'round of
prescription of the penalt% imposed upon him.
Held: Article :3 of the Revised Penal Code
provides when the prescription of penalties shall
commence to run. 3nder said provision, it shall
commence to run from the date the felon evades the
service of his sentence. Pursuant to Article 1!; of the
same Code, evasion of service of sentence can be
committed onl% b% those who have been convicted b%
final +ud'ment b% escapin' durin' the term of his
sentence.
L<scapeL in le'al parlance and for purposes of
Articles :3 and 1!; of the RPC means unlawful
departure of prisoner from the limits of his custod%.
Clearl%, one who has not been committed to prison
cannot be said to have escaped therefrom.
6n the instant case, Torrecampo was never
brou'ht to prison. 6n fact, even before the e-ecution of
the +ud'ment for his conviction, he was alread% in
hidin'. Now Torrecampo be's for the compassion of the
Court because he has ceased to live a life of peace and
tran9uilit% after he failed to appear in court for the
e-ecution of his sentence. (ut it was Torrecampo who
chose to become a fu'itive. The Court accords
compassion onl% to those who are deservin'.
Torrecampo 'uilt was proven be%ond reasonable doubt
but he refused to answer for the wron' he committed.
,e is therefore not to be rewarded therefor.
P&o*%& +. P,#!,#$, (.222)
Facts: Patriarca with the alias of Oa )+an'o, an
NPA, with ten (1=" armed companions, re9uested
permission to rest in the house of *alto. The% had with
them Arevalo who was ho'tied. Patriarca as/ed that the
li'hts in *altoMs house be e-tin'uished. Patriarca then
ordered Arevalo to lie down then shot the latter two
times. The trial court convicted Patriarca of murder.
Patriarca then applied for amnest% under Proclamation
No. ;#> amendin' Proclamation No. 3>;, dated *arch
#!, 1::>, entitled L1rantin' Amnest% to Rebels,
6nsur'ents, and All 2ther Persons Aho ,ave or *a%
,ave Committed Crimes A'ainst Public 2rder, 2ther
Crimes Committed in Curtherance of Political <nds, and
Jiolations of the Article of Aar, and Creatin' a National
Amnest% Commission.L ,is application was favorabl%
'ranted b% the National Amnest% (oard
Held: Para'raph 3 of Article : of the Revised
Penal Code provides that criminal liabilit% is totall%
e-tin'uished b% amnest%, which completel% e-tin'uishes
the penalt% and all its effects.
The Court ta/es +udicial notice of the 'rant of
amnest% upon Patriarca. 2nce 'ranted, it is bindin' and
effective. ,ence, the 'rant of amnest% e-tin'uishes the
liabilit% of Patriarca in the present case.
B. PARTIAL EGTINCTION
A#. 91. Partial Extinction of criminal
liability. I Criminal liabilit% is e-tin'uished partiall%.
1. (% conditional pardonF
#. (% commutation of the sentenceF and
3. Cor 'ood conduct allowances which the
culprit ma% earn while he is servin' his sentence.
CAUSES OF PARTIAL EGTINCTION OF CRIMINAL
LIABILITYD
1. CONDITIONAL PARDON
a" when delivered and
accepted is considered a contract between
the soverei'n power and the convict that the
former will release the latter upon
compliance with the condition
b" usual condition 5he shall
not a'ain violate an% of the penal laws of the
Philippines
>iolations of the conditions:
offender is rearrested and re?incarcerated
prosecution under Art. 1!: of the RPC
/ viv Pa'e 11
#==>?#==!
.. COMMUTATION OF SENTENCE
a" reduce de'ree of penalt%
b" decrease the len'th of
imprisonment
c" decrease the amount of
fine
Specific cases where commutation is
pro!ided for by the Code:
convict sentenced to death over ;= %ears
old
1= +ustices of the $C fail to reach a
decision for the affirmance of the death
penalt%
@. 6OOD CONDUCT ALLOWANCES DURIN6
CONFINEMENT
? deduction for the term of sentence for
'ood behavior
1. PAROLE
? consists in the suspension of the
sentence of a convict without 'rantin'
pardon, prescribin' the terms upon which
the sentence shall be suspended.
? *a% be 'ranted to a prisoner after
servin' the minimum penalt% under the
indeterminate sentence law
? Consists in the suspension of the
sentence of a convict after servin' the
minimum term of the indeterminate
penalt%, without 'rantin' a pardon
prescribin' the terms upon which the
sentence shall be punished.
Con4!!on,% P,#4on P,#o%&
*a% be 'iven an time
before final +ud'ment is
'ranted b% the Chief
<-ecutive under the
Administrative Code
*a% be 'iven after the
prisoner has served the
minimum penalt% is
'ranted b% the (oard of
Parole and Pardons under
the 6$&
Cor violation, convict ma%
be rearrested or
prosecuted under Art. 1!:
Cor violation, convict can
be rearrested and re?
incarcerated to serve the
une-pired portion of his
ori'inal penalt%
A#. 9(. 'bligation incurre by person
grante conitional paron! I An% person who has
been 'ranted conditional pardon shall incur the
obli'ation of compl%in' strictl% with the conditions
imposed therein otherwise, his non?compliance with an%
of the conditions specified shall result in the revocation
of the pardon and the provisions of Article 1!: shall be
applied to him.
A#. 90. Effect of commutation of
sentence. I The commutation of the ori'inal sentence
for another of a different len'th and nature shall have
the le'al effect of substitutin' the latter in the place of
the former.
A#. 97. $llo#ance for goo conuct. I
The 'ood conduct of an% prisoner in an% penal institution
shall entitle him to the followin' deductions from the
period of his sentence.
1. )urin' the first two %ears of his
imprisonment, he shall be allowed a deduction of five
da%s for each month of 'ood behaviorF
#. )urin' the third to the fifth %ear, inclusive,
of his imprisonment, he shall be allowed a deduction of
ei'ht da%s for each month of 'ood behaviorF
3. )urin' the followin' %ears until the tenth
%ear, inclusive, of his imprisonment, he shall be allowed
a deduction of ten da%s for each month of 'ood
behaviorF and
>. )urin' the eleventh and successive %ears of
his imprisonment, he shall be allowed a deduction of
fifteen da%s for each month of 'ood behavior.
6OOD CONDUCT ALLOWANCES OF A PRISONER IN
A PENAL INSTITUTIOND
1. Cirst # %ears
a. ! da%s per month of 'ood behavior
#. 3
rd
@ !
th
%ear
b. da%s
3. followin' %ears to 1=
th
%ear
c. 1= da%s
>. 11
th
%ear and successive %ears
d. 1! da%s
These allowances are 'ranted b% the )irector of
Prisons and once 'iven cannot be revo/ed.
A#. 98. Special time allo#ance for loyalty.
I A deduction of one?fifth of the period of his sentence
shall be 'ranted to an% prisoner who, havin' evaded the
service of his sentence under the circumstances
mentioned in Article ! of this Code, 'ives himself up to
the authorities within > hours followin' the issuance of
a proclamation announcin' the passin' awa% of the
calamit% or catastrophe to in said article.
SPECIAL TIME ALLOWANCE FOR LOYALTY
? it is a deduction of 1D! of the period of his sentence if
he, havin' evaded the service of his sentence under the
circumstances mentioned in Art. 1!, 'ives himself up to
the authorities within > hours followin' the issuance of
a proclamation announcin' the passin' awa% of the
calamit%.
This article does not appl% to prisoners who did not
escape.
The deduction of 1D! is based on the ori'inal
sentence.
3nder Art. 1!, a convict who evaded service of his
sentence b% leavin' the penal institution on the occasion
of disorder resultin' from a confla'ration, earth9ua/e,
e-plosion or similar catastrophe or durin' a mutin% in
which he did not participate, is liable to an increased
penalt% (1D! of the time still remainin' to be served @
not to e-ceed 0 months" if he fails to 'ive himself up
within > hours followin' the issuance of a proclamation
b% the President announcin' the passin' awa% of the
calamit%.
A#. 99. 0ho grants time allo#ances. I
Ahenever lawfull% +ustified, the )irector of Prisons shall
'rant allowances for 'ood conduct. $uch allowances
once 'ranted shall not be revo/ed.
/ viv Pa'e 11:
#==>?#==!
)II. CI)IL LIABILITY ARISIN6 FROM FELONY
As a 'eneral rule, an offense causes two classes of
in+uries.
1. SOCIAL IN7URY @ produced b% the
disturbance and alarm which are the outcome
of the offense
? this is sou'ht to be repaired throu'h the
imposition of the correspondin' penalt%.
#. PERSONAL IN7URY @ caused to the victim of
the crime who ma% have suffered dama'e,
either to his person, to his propert%, to his
honor, or to her chastit%.
? this is sou'ht to be repaired throu'h
indemnit% which is civil in nature.
A. 6ENERAL RULE
RPC' A#. 122. Civil liability of a person
guilty of felony. I <ver% person criminall% liable for a
felon% is also civill% liable.
(A$6$. A crime has dual character. a" as an offense
a'ainst the state because of the disturbance of the
social orderF and b" as an offense a'ainst the private
person in+ured b% the crime unless it involves the crime
of treason, rebellion, espiona'e, contempt and others
wherein no civil liabilit% arises on the part of the
offender either because there are no dama'es to be
compensated or there is no private person in+ured b%
the crime.
6n crimes a'ainst persons, li/e the crime of ph%sical
in+uries, the in+ured part% is entitled to be paid for
whatever he spent for the treatment of his wounds,
doctorBs fees etc. as well as for loss or impairment of
earnin' capacit%.
*oral dama'es ma% be recovered as well.
<-emplar% dama'es as part of the civil liabilit% ma be
imposed when the crime was committed with one or
more a''ravatin' circumstances.
(ut if there is no dama'e caused b% the commission
of the crime, the offender is not civill% liable.
Civil liabilit% arises from the commission of the felon%.
6t is determined in the criminal action e-cept.
a. the offended part% waives
his ri'ht to file a civil action
b. the offended part% reserves
his ri'ht to institute it separatel%, or
c. the offended part% institutes
the civil action prior to the criminal action.
A reservation of the ri'ht to file a separate civil action
onl% 'ives the part% a''rieved the ri'ht to choose under
which bod% of laws he must brin' the civil action, either
under the.
1. RPC @ where the recover% ma% be defeated
b% proof that the acts on which the action is based do
not e-ist, or
#. Civil Code @ where the same proof is
re9uired to preclude recover%, or proof of dili'ence in
the selection and emplo%ment of the emplo%ee
<ffect of ACQ36TTA&.
As a rule, if the offender is ac9uitted, the civil
liabilit% is e-tin'uished, e-cept.
a" if the ac9uittal is on the 'round that the 'uilt
has not been proved be%ond reasonable doubt
b" the ac9uittal was due to an e-emptin'
circumstance li/e insanit% and
c" when the court finds and states in its +ud'ment
that there is onl% civil responsibilit%.
SEPARATE CI)IL ACTION
The rule is that when the criminal action is
instituted, a separate civil action cannot be instituted or
if alread% instituted, it is to be suspended. $aid rule
applies onl% when the plaintiff in the civil action is the
offended part% in the criminal action and both cases
arise from the same offense.
<-ceptions.
*nepenent civil actions may be file forD
a. violations of fundamental ri'hts (Art. 3#"
b. defamation, fraud and ph%sical in+uries
(Art. 33"
c. failure or refusal of a member of the
police force to render aid or protection to an%
person in case of dan'er to life or propert%
(Art. 3>"
PERTINENT PRO)ISIONS
C!+!% Co4&' A#. .2. <ver% person who,
contrar% to law, wilfull% or ne'li'entl% causes dama'e to
another, shall indemnif% the latter for the same.
A#. 1101. Civil obli'ations arisin' from
criminal offenses shall be 'overned b% the penal laws,
sub+ect to the provisions of Article #1;;, and of the
pertinent provisions of Chapter #, Preliminar% Title, on
,uman Relations, and of Title HJ666 of this (oo/,
re'ulatin' dama'es. (1=:#a"
A#. .170. Ahoever b% act or omission causes
dama'e to another, there bein' fault or ne'li'ence, is
obli'ed to pa% for the dama'e done. $uch fault or
ne'li'ence, if there is no pre?e-istin' contractual
relation between the parties, is called a 9uasi?delict and
is 'overned b% the provisions of this Chapter.
A#. .177. Responsibilit% for fault or
ne'li'ence under the precedin' article is entirel%
separate and distinct from the civil liabilit% arisin' from
ne'li'ence under the Penal Code. (ut the plaintiff cannot
recover dama'es twice for the same act or omission of
the defendant. (n"
RULE 111
PROSECUTION OF CI)IL ACTION
198( R&+!s&4 R"%&s on C#!3!n,% P#o$&4"#&

S&$!on 1. Ins!"!on o8 $#!3!n,% ,n4 $!+!% ,$!ons.
Ahen a criminal action is instituted, the civil action for
/ viv Pa'e 1#=
#==>?#==!
the recover% of civil liabilit% is impliedl% instituted with
the criminal action, unless the offended part% waives the
civil action, reserves his ri'ht to institute it separatel%,
or institutes the civil action prior to the criminal action.
$uch civil action includes recover% of indemnit%
under the Revised Penal Code, and dama'es under
Articles 3#, 33, 3> and #1;0 of the Civil Code of the
Philippines arisin' from the same act or omission of the
accused.
A waiver of an% of the civil actions e-tin'uishes the
others. The institution of, or the reservation of the ri'ht
to file, an% of said civil actions separatel% waives the
others.
The reservation of the ri'ht to institute the
separate civil actions shall be made before the
prosecution starts to present its evidence and under
circumstances affordin' the offended part% a reasonable
opportunit% to ma/e such reservation.
6n no case ma% the offended part% recover
dama'es twice for the same act or omission of the
accused.
Ahen the offended part% see/s to enforce civil
liabilit% a'ainst the accused b% wa% of moral, nominal,
temperate or e-emplar% dama'es, the filin' fees for
such civil action as provided in these Rules shall
constitute a first lien on the +ud'ment e-cept in an
award for actual dama'es.
6n cases wherein the amount of dama'es,
other than actual, is alle'ed in the complaint or
information, the correspondin' filin' fees shall be paid
b% the offended part% upon the filin' thereof in court for
trial.
S&$. .. Ins!"!on o8 s&*,#,& $!+!% ,$!on.
<-cept in the cases provided for in $ection 3 hereof,
after the criminal action has been commenced, the civil
action which has been reserved cannot be instituted
until final +ud'ment has been rendered in the criminal
action.
(a" Ahenever the offended part% shall have
instituted the civil action as provided for in the first
para'raph of $ection 1 hereof before the filin' of the
criminal action and the criminal action is subse9uentl%
commenced, the pendin' civil action shall be suspended,
in whatever sta'e before final +ud'ment it ma% be
found, until final +ud'ment in the criminal action has
been rendered. ,owever, if no final +ud'ment has been
rendered b% the trial court in the civil action, the same
ma% be consolidated with the criminal action upon
application with the court tr%in' the criminal action. 6f
the application is 'ranted, the evidence presented and
admitted in the civil action shall be deemed
automaticall% reproduced in the criminal action, without
pre+udice to the admission of additional evidence that
an% part% ma% wish to present. 6n case of consolidation,
both the criminal and the civil actions shall be tried and
decided +ointl%.
(b" <-tinction of the penal action does not
carr% with it e-tinction of the civil, unless the e-tinction
proceeds from a declaration in a final +ud'ment that the
fact from which the civil mi'ht arise did not e-ist.
S&$. @. W;&n $!+!% ,$!on 3,> *#o$&&4
!n4&*&n4&n%>. 6n the cases provided for in Articles 3#,
33, 3> and #1;0 of the Civil Code of the Philippines, the
independent civil action which has been reserved ma%
be brou'ht b% the offended part%, shall proceed
independentl% of the criminal action, and shall re9uire
onl% a preponderance of evidence.
S&$. 1. 7"4-3&n !n $!+!% ,$!on no , /,#.
A final +ud'ment rendered in a civil action absolvin' the
defendant from civil liabilit% is no bar to a criminal
action.
S&$. (. E%&3&ns o8 *#&J"4!$!,% <"&s!on.
The two (#" essential elements of a pre+udicial 9uestion
are. (a" the civil action involves an issue similar or
intimatel% related to the issue raised in the criminal
actionF and (b" the resolution of such issue determines
whether or not the criminal action ma% proceed.
S&$. 0. S"s*&ns!on /> #&,son o8
*#&J"4!$!,% <"&s!on. A petition for suspension of the
criminal action based upon the pendenc% of a pre+udicial
9uestion in a civil action ma% be filed in the office of the
fiscal or the court conductin' the preliminar%
investi'ation. Ahen the criminal action has been filed in
court for trial, the petition to suspend shall be filed in
the same criminal action at an% time before the
prosecution rests.

B"!no +. An4#&s (.22()
Facts: 1arcia, a 1rade > elementar% school
pupil, and his pla%mate, Ailson Quinto, who was about
11 %rs old saw Andres and Pacheco who invited them to
'o fishin' inside a draina'e culvert. Ailson assented but
1arcia seein' that it was dar/ inside opted to remain
seated in a 'rass% area about #meters from the
entrance of the draina'e s%stem. Pacheco, Andres and
Quinto, entered the draina'e s%stem which was covered
b% concrete culvert about a meter hi'h and a meter
wide, with water about a foot deep. After a while,
respondent Pacheco, who was holdin' a fish, came out
of the draina'e s%stem and left without sa%in' a word.
Andres also came out, went bac/ inside, and emer'ed
a'ain, this time, carr%in' Ailson who was alread% dead.
Andres laid the bo%Ms lifeless bod% down in the 'rass%
area. $hoc/ed at the sudden turn of events, 1arcia fled
from the scene. Cor his part, Andres went to the house
of petitioner *elba Quinto, AilsonMs mother, and
informed her that her son had died. *elba Quinto rushed
to the draina'e culvert while respondent Andres followed
her. The respondents aver that since the prosecution
failed to adduce an% evidence to prove that the%
committed the crime of homicide and caused the death
of Ailson, the% are not criminall% and civill% liable for the
latterBs death.
Held: The e-tinction of the penal action does
not carr% with it the e-tinction of the civil action.
,owever, the civil action based on delict shall be deemed
e-tin'uished if there is a findin' in a final +ud'ment in
the civil action that the act or omission from where the
civil liabilit% ma% arise does not e-ist. 6n the present
case, the court ruled that respondents cannot be held
criminall% nor civill% liable for the death of Ailson. 6n this
case, the petitioner failed to adduce proof of an% ill?
motive on the part of either respondent to /ill the
deceased before or after the latter was invited to +oin
them in fishin'. 6ndeed, the petitioner testified that
respondent Andres used to 'o to their house and pla%
with her son before the latterMs death. Ahen the
petitionerMs son died inside the draina'e culvert, it was
respondent Andres who brou'ht out the deceased. ,e
then informed the petitioner of her sonMs death. <ven
after informin' the petitioner of the death of her son,
respondent Andres followed the petitioner on her wa% to
the 'rass% area where the deceased was.
/ viv Pa'e 1#1
#==>?#==!
C;", +. CA (.221)
Facts: ,ao, treasurer of $iena Realt%
Corporation, filed a complaint?affidavit with the Cit%
Prosecutor of *anila char'in' $pouses Crancis and <lsa
Chua, of > counts of falsification of public documents
pursuant to Article 1;# in relation to Article 1;1 of the
RPC. Accused alle'edl% prepared, certified, and falsified
the *inutes of the Annual $toc/holders meetin' of the
(2) of the $iena Realt% Corporation b% causin' it to
appear in said *inutes that ,ao was present and has
participated in said proceedin's. )urin' the trial in the
*eTC, Att%. $ua?Oho and Att%. Rivera appeared as
private prosecutors. Chua moved to e-clude
complainantMs counsels as private prosecutors in the
case on the 'round that ,ao failed to alle'e and prove
an% civil liabilit% in the case. Petitioner cites the case of
Tan, 8r. v. 1allardo, holdin' that where from the nature
of the offense or where the law definin' and punishin'
the offense char'ed does not provide for an indemnit%,
the offended part% ma% not intervene in the prosecution
of the offense.
Held: PetitionerMs contention lac/s merit.
1enerall%, the basis of civil liabilit% arisin' from crime is
the fundamental postulate that ever% man criminall%
liable is also civill% liable. Ahen a person commits a
crime he offends two entities namel% (1" the societ% in
which he lives in or the political entit% called the $tate
whose law he has violatedF and (#" the individual
member of the societ% whose person, ri'ht, honor,
chastit% or propert% has been actuall% or directl% in+ured
or dama'ed b% the same punishable act or omission. An
act or omission is felonious because it is punishable b%
law, it 'ives rise to civil liabilit% not so much because it
is a crime but because it caused dama'e to another.
Additionall%, what 'ives rise to the civil liabilit% is reall%
the obli'ation and the moral dut% of ever%one to repair
or ma/e whole the dama'e caused to another b% reason
of his own act or omission, whether done intentionall% or
ne'li'entl%. The indemnit% which a person is sentenced
to pa% forms an inte'ral part of the penalt% imposed b%
law for the commission of the crime. The civil action
involves the civil liabilit% arisin' from the offense
char'ed which includes restitution, reparation of the
dama'e caused, and indemnification for conse9uential
dama'es.
3nder the Rules, where the civil action for
recover% of civil liabilit% is instituted in the criminal
action pursuant to Rule 111, the offended part% ma%
intervene b% counsel in the prosecution of the offense.
31 Rule 111(a" of the Rules of Criminal Procedure
provides that, LWwPhen a criminal action is instituted, the
civil action arisin' from the offense char'ed shall be
deemed instituted with the criminal action unless the
offended part% waives the civil action, reserves the ri'ht
to institute it separatel%, or institutes the civil action
prior to the criminal action.L
,ao did not waive the civil action, nor did she
reserve the ri'ht to institute it separatel%, nor institute
the civil action for dama'es arisin' from the offense
char'ed. Thus, we find that the private prosecutors can
intervene in the trial of the criminal action.
B,s!%!o +. CA (.222)
Facts: Pronebo was found 'uilt% b% the trial
court of Rec/less 6mprudence resultin' to the death of
one Advincula. Pronebo then filed an application for
probation. $ubse9uentl%, the trial court issued an 2rder
'rantin' the motion for e-ecution of the subsidiar%
liabilit% of his emplo%er (asilio. (asilio now asserts that
he was not 'iven the opportunit% to be heard b% the trial
court to prove the absence of an emplo%er?emplo%ee
relationship between him and accused. Nor that,
alternativel%, the accused was not lawfull% dischar'in'
duties as an emplo%ee at the time of the incident.
Held: The statutor% basis for an emplo%erMs
subsidiar% liabilit% is found in Article 1=3 of the RPC. This
liabilit% is enforceable in the same criminal proceedin'
where the award is made. ,owever, before e-ecution
a'ainst an emplo%er ensues, there must be a
determination, in a hearin' set for the purpose of 1" the
e-istence of an emplo%er?emplo%ee relationshipF #" that
the emplo%er is en'a'ed in some /ind of industr%F 3"
that the emplo%ee is ad+ud'ed 'uilt% of the wron'ful act
and found to have committed the offense in the
dischar'e of his duties (not necessaril% an% offense he
commits LwhileL in the dischar'e of such dutiesF and >"
that said emplo%ee is insolvent.
(asilio /new of the criminal case that was filed
a'ainst his driver because it was his truc/ that was
involved in the incident. Curther, it was the insurance
compan%, with which his truc/ was insured, that
provided the counsel for Pronebo, pursuant to the
stipulations in their contract. (asilio did not intervene in
the criminal proceedin's, despite /nowled'e, throu'h
counsel, that the prosecution adduced evidence to show
emplo%er?emplo%ee relationship. Aith the convictMs
application for probation, the trial courtMs +ud'ment
became final and e-ecutor%. All told, it is our view that
the lower court did not err when it found that (asilio was
not denied due process. ,e had all his chances to
intervene in the criminal proceedin's, and prove that he
was not the emplo%er of the accused, but he chooses
not to intervene at the appropriate time.

P;!%!**!n& R,//! +. P&o*%& (.221)
Facts: Accused Roman, an emplo%ee of
Philippine Rabbit was found 'uilt% and convicted of the
crime of rec/less imprudence resultin' to triple
homicide, multiple ph%sical in+uries and dama'e to
propert%. The court further ruled that Philippine Rabbit,
in the event of the insolvenc% of accused, shall be liable
for his civil liabilities. Accused then +umped bail and
remained at?lar'e. Philippine Rabbit filed a notice of
appeal. 6t ar'ues that, as an emplo%er, it is considered a
part% to the criminal case and is conclusivel% bound b%
the outcome thereof. Conse9uentl%, petitioner must be
accorded the ri'ht to pursue the case to its lo'ical
conclusion I includin' the appeal.
Held: The ar'ument has no merit.
3ndisputedl%, petitioner is not a direct part% to the
criminal case, which was filed solel% a'ainst Roman, its
emplo%ee.
The cases dealin' with the subsidiar% liabilit%
of emplo%ers uniforml% declare that, strictl% spea/in',
the% are not parties to the criminal cases instituted
a'ainst their emplo%ees. Althou'h in substance and in
effect, the% have an interest therein, this fact should be
viewed in the li'ht of their subsidiar% liabilit%. Ahile the%
ma% assist their emplo%ees to the e-tent of suppl%in'
the latterMs law%ers, as in the present case, the former
cannot act independentl% on their own behalf, but can
onl% defend the accused.
Ahen the accused?emplo%ee absconds or
+umps bail, the +ud'ment meted out becomes final and
e-ecutor%. The emplo%er cannot defeat the finalit% of the
+ud'ment b% filin' a notice of appeal on its own behalf in
the 'uise of as/in' for a review of its subsidiar% civil
liabilit%. (oth the primar% civil liabilit% of the accused?
emplo%ee and the subsidiar% civil liabilit% of the
/ viv Pa'e 1##
#==>?#==!
emplo%er are carried in one sin'le decision that has
become final and e-ecutor%.
P&o*%& +. T,,n (.220)
Held: Re'ardin' dama'es, when death occurs
due to a crime, the followin' ma% be recovered. (1" civil
indemnit% ex delicto for the death of the victimF (#"
actual or compensator% dama'esF (3" moral dama'esF
(>" e-emplar% dama'esF (!" attorne%Bs fees and
e-penses of liti'ationF and (0" interest, in proper cases.
B. SPECIAL CASE
A#. 121. Rules regaring civil liability in
certain cases. I The e-emption from criminal liabilit%
established in subdivisions 1, #, 3, ! and 0 of Article 1#
and in subdivision > of Article 11 of this Code does not
include e-emption from civil liabilit%, which shall be
enforced sub+ect to the followin' rules.
First. 6n cases of subdivisions 1, #, and 3 of
Article 1#, the civil liabilit% for acts committed b% an
imbecile or insane person, and b% a person under nine
%ears of a'e, or b% one over nine but under fifteen %ears
of a'e, who has acted without discernment, shall
devolve upon those havin' such person under their le'al
authorit% or control, unless it appears that there was no
fault or ne'li'ence on their part.
$hould there be no person havin' such insane,
imbecile or minor under his authorit%, le'al 'uardianship
or control, or if such person be insolvent, said insane,
imbecile, or minor shall respond with their own propert%,
e-ceptin' propert% e-empt from e-ecution, in
accordance with the civil law.
Second. 6n cases fallin' within subdivision > of
Article 11, the persons for whose benefit the harm has
been prevented shall be civill% liable in proportion to the
benefit which the% ma% have received.
The courts shall determine, in sound discretion,
the proportionate amount for which each one shall be
liable.
Ahen the respective shares cannot be
e9uitabl% determined, even appro-imatel%, or when the
liabilit% also attaches to the 1overnment, or to the
ma+orit% of the inhabitants of the town, and, in all
events, whenever the dama'es have been caused with
the consent of the authorities or their a'ents,
indemnification shall be made in the manner prescribed
b% special laws or re'ulations.
,hird. 6n cases fallin' within subdivisions ! and
0 of Article 1#, the persons usin' violence or causin' the
fears shall be primaril% liable and secondaril%, or, if there
be no such persons, those doin' the act shall be liable,
savin' alwa%s to the latter that part of their propert%
e-empt from e-ecution.
CI)IL LIABILITY OF PERSONS EGEMPT FROM
CRIMINAL LIABILITY
<-emption from criminal liabilit% does not
include e-emption from civil liabilit%.
1xceptions:
1. There is no civil liabilit% in para'raph > of
Art. 1# which provides for in+ur% caused b% mere
accident.
#. There is no civil liabilit% in par. ; of Art. 1#
which provides for failure to perform an act
re9uired b% law when prevented b% some lawful
or insuperable cause.
The e-emption from criminal liabilit% does not include
e-emption from civil liabilit% in the cases provided for in
pars. 1, #, 3, ! and 0 of Art. 1#. Pars. > and ; are not
mentioned. Therefore, there is also e-emption from civil
liabilit% in the cases provided for in pars. > and ; of Art.
1#.
1. CI)IL LIABILITY FOR ACTS COMMITTED BY AN
INSANE OR IMBECILE OR MINOR UNDER 9 OR
O)ER 9 AND LESS THAN 1( WHO ACTED WITH
DEISCERNMENT
A minor over 1! %ears of a'e who acts with
discernment is not e-empt from criminal liabilit% that is
wh% the RPC is silent as to the subsidiar% liabilit% of his
parents. The particular law that 'overns is Art. #1= of
the Civil Code which provides, 5the father and, in case of
his death or incapacit%, the mother are responsible for
dama'es caused b% the minor children who live in their
compan%.7
The final release of a child based on 'ood conduct
does not obliterate his civil liabilit% for dama'es.
.. CI)IL LIABILITY FOR ACTS COMMITTED BY
PERSONS ACTIN6 UNDER IRRESISTIBLE FORCE OR
UNCONTROLLABE FEAR
? The persons usin' violence or causin' the fear are
primaril% liable. if there be no such persons, those doin'
the act shall be liable secondaril%.
@. CI)IL LIABILITY OF PERSONS ACTIN6 UNDER
7USTIFYIN6 CIRCUMSTANCES
? There is no civil liabilit% in +ustif%in' circumstances
e-cept in par. > of Art. 11 wherein the person who was
benefited b% the act which causes dama'e to another is
the one civill% liable.
1. CI)IL LIABILITY OF INNCEEPERS AND SIMILAR
PERSONS
A#. 12.. Subsiiary civil liability of
inn%eepers& tavern%eepers an proprietors of
establishments! I 6n default of the persons criminall%
liable, inn/eepers, tavern/eepers, and an% other persons
or corporations shall be civill% liable for crimes
committed in their establishments, in all cases where a
violation of municipal ordinances or some 'eneral or
special police re'ulation shall have been committed b%
them or their emplo%ees.
6nn/eepers are also subsidiaril% liable for the
restitution of 'oods ta/en b% robber% or theft within
their houses from 'uests lod'in' therein, or for the
pa%ment of the value thereof, provided that such 'uests
shall have notified in advance the inn/eeper himself, or
the person representin' him, of the deposit of such
'oods within the innF and shall furthermore have
followed the directions which such inn/eeper or his
representative ma% have 'iven them with respect to the
care and vi'ilance over such 'oods. No liabilit% shall
attach in case of robber% with violence a'ainst or
intimidation of persons unless committed b% the
inn/eeperMs emplo%ees.
SUBSIDIARY CI)IL LIABILITY OF INNCEEPERS'
TA)ERNCEEPERS OR PROPRIETORS OF
ESTABLISHMENTS M ELEMENTS OF PAR. 1D
1. That the 6NNO<<P<R, TAJ<RNO<<P<R 2R
PR2PR6<T2R of establishment or his emplo%ee
committed a violation of municipal ordinance
or some 'eneral or special police re'ulation.
/ viv Pa'e 1#3
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#. That a crime is committed in such inn, tavern
or establishment.
3. That the person criminall% liable is insolvent.
Ahen all the above elements are present, the
inn/eeper, tavern/eeper or an% other person or
corporation is civill% liable for the crime committed in his
establishment.
ELEMENTS OF PAR ..
1. The 'uests notified in advance the inn/eeper
or the person representin' him of the deposit
of their 'oods within the inn or house.
#. The 'uest followed the directions of the
inn/eeper or his representative with respect to
the care of the vi'ilance over such 'oods.
3. $uch 'oods of the 'uests lod'in' therein were
ta/en b% robber% with force upon thin's or
theft committed within the inn or house.
Ahen all the above elements are present, the
inn/eeper is subsidiaril% liable.
No liabilit% shall attach in case of robber% with
violence a'ainst or intimidation of persons, unless
committed b% the inn/eeperBs emplo%ees.
6t is not necessar% that the effects of the 'uest be
actuall% delivered to the inn/eeper, it is enou'h that
the% were within the inn.
(. SUBSIDIARY LIABILITY OF OTHER PERSONS
A#. 12@. Subsiiary civil liability of other
persons! H The subsidiar% liabilit% established in the
ne-t precedin' article shall also appl% to emplo%ers,
teachers, persons, and corporations en'a'ed in an% /ind
of industr% for felonies committed b% their servants,
pupils, wor/men, apprentices, or emplo%ees in the
dischar'e of their duties.
ELEMENTSD
1. The emplo%er, teacher, person or corporation is
en'a'ed in an% /ind of industr%.
#. An% of their servants, pupils, wor/men,
apprentices or emplo%ees commits a felon%
while in the dischar'e of his duties.
3. The said emplo%ee is insolvent and has not
satisfied his civil liabilit%.
Private persons without business or industr% are not
subsidiaril% liable.
The felon% must be committed b% the servant or
emplo%ee of the defendant in the civil case.
<mplo%er has the ri'ht to ta/e part in the defense of
his emplo%ee.
No defense of dili'ence of a 'ood father of a famil%.
C,#*!o +. Do#oJ, (1989)
Rulin' upon the enforcement of the subsidiar%
liabilit% of an emplo%er in the same criminal proceedin'
without the need of a separate action, the court held
that it should be shown that.
1" the emplo%er, etc. is en'a'ed in an% /ind of
industr%
#" the emplo%ee committed the offense in the
dischar'e of his duties and
3" he is insolvent
The subsidiar% liabilit% of the emplo%er,
however, arises onl% after conviction of the emplo%ee in
the criminal action. All these re9uisites present, the
emplo%er, becomes ipso facto subsidiaril% liable upon the
emplo%eeBs conviction and upon proof of the latterBs
insolvenc%.
C. WHAT CI)IL LIABILITY INCLUDES
A#. 121. 0hat is inclue in civil liability.
I The civil liabilit% established in Articles 1==, 1=1, 1=#,
and 1=3 of this Code includes.
1. RestitutionF
#. Reparation of the dama'e causedF
3. 6ndemnification for conse9uential
dama'es.
The first remed% 'ranted b% law is R<$T6T3T62N of
the thin' ta/en awa% b% the offenderF if restitution
cannot be made b% the offender or b% his heirs, the law
allows the offended part% R<PARAT62N. 6n either case,
indemnit% for conse9uential dama'es ma% be re9uired.
Ahen propert% ta/en awa% is not recovered, the court
must order the accused to restore it to its owner or, as
an alternative, to pa% its +ust value.
A#. 12(. Restitution. +o# mae! I The
restitution of the thin' itself must be made whenever
possible, with allowance for an% deterioration, or
diminution of value as determined b% the court.
The thin' itself shall be restored, even thou'h
it be found in the possession of a third person who has
ac9uired it b% lawful means, savin' to the latter his
action a'ainst the proper person, who ma% be liable to
him.
This provision is not applicable in cases in
which the thin' has been ac9uired b% the third person in
the manner and under the re9uirements which, b% law,
bar an action for its recover%.
R<$T6T3T62N of the thin' itself must be made
whenever possible.
The convict cannot, b% wa% of restitution, 'ive to the
offended part a similar thin' of the same amount, /in or
species and 9ualit%.
Ahere the crime committed is not a'ainst propert%, no
restitution nor reparation of the thin' dama'ed can be
done, althou'h the offended part% is entitled to
indemnification under Art. 1=;.
6f the accused is ac9uitted, he cannot be ordered to
return the propert% or amount received <HC<PT if.
? it is proved that the propert% belon'ed to the
offended part% was in his possession when
stolen from him
? and the identit% of the offender is not proved,
in which case the ac9uitted person in whose
possession the propert% was found ma% be
ordered b% the court to return it to the owner.
HOW RESTITUTION IS MADEK
The thin' itself is to be restored, whenever
possible, with allowance for deterioration, or diminution
of value, even if found in the possession of the 3
rd
person who ac9uired it le'all%, althou'h the latter can
file an action a'ainst the person who ma% be liable to
him e-cept if the thin' has been ac9uired b% the 3
rd
person in the manner provided b% law which bars an
action for its recover%.
A#. 120. Reparation. +o# mae. I The
court shall determine the amount of dama'e, ta/in' into
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consideration the price of the thin', whenever possible,
and its special sentimental value to the in+ured part%,
and reparation shall be made accordin'l%.
HOW IS REPARATION MADEK
? The court determines the amount of dama'es
b% considerin'. a" the price of the thin' and b" its
special sentimental value to the offended part%.
6f there is no evidence as to the value of the thin'
unrecovered, there can be no reparation.
The dama'es are limited to those caused b% the
crime.
The accused is liable for the dama'es 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.
The accused is not relieved of his obli'ation to satisf%
his civil liabilit% if the insurance compan% has alread%
paid the offended part% as the pa%ment of the insurance
compan% was not made on behalf of the accused but
because the contract with the insured?offended part%.
,owever, the insurance compan% is subro'ated to the
ri'ht of the offended part% to collect dama'es.
A#. 127. *nemnification. 0hat is
inclue! I 6ndemnification for conse9uential dama'es
shall include not onl% those caused the in+ured part%, but
also those suffered b% his famil% or b% a third person b%
reason of the crime.
6ndemnification for conse9uential dama'es includes.
a. those caused the in+ured part%
b. those suffered b% the famil%, or
c. those suffered b% 3
rd
person b% reason of the
crime
)ama'es cover not onl% ACT3A& 2R C2*P<N$AT2RK
dama'es but also *2RA& AN) <H<*P&ARK or
C2RR<CT6J< dama'es, especiall% when attended b% 1
or more a''ravatin' circumstances in the commission of
the crime and considerin' that proof of pecuniar% loss is
not necessar% in order that moral or e-emplar% dama'es
ma% be ad+udicated as the assessment of such dama'es
is left to the discretion of the court.
Contributor% ne'li'ence of the offended part% reduces
the liabilit% of the accused.
Ahere )<AT, results.
1. 6N)<*N6TK. P!=,===
#. &ost of <arnin' Capacit%
3. $upport to a non?heir
>. *oral dama'es for mental an'uishE
!. <-emplar% dama'es if attended b% 1 or more
a''ravatin' circumstances
D. PERSONS CI)ILLY LIABLE
A#. 128. 'bligation to ma%e restoration&
reparation for amages& or inemnification for
conse-uential amages an actions to eman the
same. 3pon #hom it evolves. I The obli'ation to
ma/e restoration or reparation for dama'es and
indemnification for conse9uential dama'es devolves
upon the heirs of the person liable.
The action to demand restoration, reparation,
and indemnification li/ewise descends to the heirs of the
person in+ured.
3pon whom does the obli'ation to ma/e restoration,
reparation or indemnification for dama'es devolveV
? upon the ,<6R$ of the person liable
The heirs of the person liable has no obli'ation if
restoration is not possible and the deceased left no
propert%.
Civil liabilit% is possible onl% when the offender dies
after final +ud'ment.
The action to demand restoration, reparation and
indemnification descends to the heirs of the person
in+ured.
A#. 129. Share of each person civilly
liable. I 6f there are two or more persons civill% liable
for a felon%, the courts shall determine the amount for
which each must respond.
A#. 112. Several an subsiiary liability
of principals& accomplices an accessories of a
felony. Preference in payment! I Notwithstandin'
the provisions of the ne-t precedin' article, the
principals, accomplices, and accessories, each within
their respective class, shall be liable severall% (in
solidum" amon' themselves for their 9uotas, and
subsidiaries for those of the other persons liable.
The subsidiar% liabilit% shall be enforced, first
a'ainst the propert% of the principalsF ne-t, a'ainst that
of the accomplices, and, lastl%, a'ainst that of the
accessories.
Ahenever the liabilit% in solidum or the
subsidiar% liabilit% has been enforced, the person b%
whom pa%ment has been made shall have a ri'ht of
action a'ainst the others for the amount of their
respective shares.
LIABILITY OF PRINCIPALS' ACCOMPLICES AND
ACCESSORIES
? <ach within their respective class is liable in
solidum amon' themselves for their 9uotas and
subsidiaril% for those of the other persons liable.
$ubsidiar% liabilit% is enforced.
first, a'ainst the propert% of the principalsF
second# a'ainst that of the accomplicesF
third# a'ainst that of the accessories
The person who made the pa%ment when liabilit% is in
solidum or subsidiar% liabilit% has been enforced, will
have a ri'ht of action a'ainst the others for the amount
of their respective shares.
A#. 111. 'bligation to ma%e restitution in
certain cases! I An% person who has participated
'ratuitousl% in the proceeds of a felon% shall be bound to
ma/e restitution in an amount e9uivalent to the e-tent
of such participation.
This refers to a person who has participated
'ratuitousl% in the commission of a felon% and he is
bound to ma/e restitution in an amount e9uivalent to
the e-tent of such participation.
The third person must be innocent of the commission
of the crimeF otherwise, he would be liable as an
accessor% and this article will appl%.
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E. EGTINCTION OF CI)IL LIABILITY
A#. 11.. Extinction of civil liability! I Civil
liabilit% established in Articles 1==, 1=1, 1=#, and 1=3 of
this Code shall be e-tin'uished in the same manner as
obli'ations, in accordance with the provisions of the Civil
&aw.
<-tin'uished in the same manner as other obli'ations
in accordance with the provisions of the Civil Code.
CI)IL CODE' A#. 1.@1. 2bli'ations are e-tin'uished.
(1" (% pa%ment or performance.
(#" (% the loss of the thin' due.
(3" (% the condonation or remission of the
debtF
(>" (% the confusion or mer'er of the ri'hts of
creditor and debtorF
(!" (% compensationF
(0" (% novation.
2ther causes of e-tin'uishment of obli'ations,
such as annulment, rescission, fulfillment of a resolutor%
condition, and prescription, are 'overned elsewhere in
this Code. (11!0a"
&oss of the thin' due does not e-tin'uish civil liabilit%
because if the offender cannot ma/e restitution, he is
obli'ed to ma/e reparation.
6ndemnit% for dama'es as a +ud'ment in a criminal
case is purel% civil in nature and is independent of the
penalt% imposed.
A#. 11@. 'bligation to satisfy civil
liability. I <-cept in case of e-tinction of his civil
liabilit% as provided in the ne-t precedin' article the
offender shall continue to be obli'ed to satisf% the civil
liabilit% resultin' from the crime committed b% him,
notwithstandin' the fact that he has served his sentence
consistin' of deprivation of libert% or other ri'hts, or has
not been re9uired to serve the same b% reason of
amnest%, pardon, commutation of sentence or an% other
reason.
3nless e-tin'uished, civil liabilit% subsists even if the
offender has served sentence consistin' of deprivation of
libert% or other ri'hts or has served the same, due to
amnest%, pardon, commutation of sentence or an% other
reason.
3nder the law as amended, even if the subsidiar%
imprisonment is served for non?pa%ment of fine, this
pecuniar% liabilit% of the defendant is not e-tin'uished.
/ viv Pa'e 1#0
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Crim Reviewer Book 1 Revised 2007

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CRIMINAL LAW 1 UP College of Law

ESGUERRA NOTES 2004-2005

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