CRIMINAL LAW 4TH EXAM REVIEWER
the duration of perpetual penalties
Prepared by: Maligad, G A
Art. 70 When the culprit has to serve
two or more penalties, he shall serve
them simultaneously if the nature of
the penalties will so permit;
otherwise, the following rules shall
be observed:
In the imposition of the penalties, the
order of their respective severity
shall be followed so that they may be
executed successively or as nearly as
may be possible, should a pardon
have been granted as to the penalty
or penalties first imposed, or should
they have been served out.
For the purpose of applying the
provision of the next preceding
paragraph the respective severity of
the penalties shall be determined in
accordance with the following scale:
1. Death
2. Reclusion Perpetua
3. Reclusion Temporal
4. Prision Mayor
5. Prision Correccional
6. Arresto Mayor
7. Arresto Menor
8. Destierro
9. Perpetual absolute
disqualification
10.Temporary absolute
disqualification
11.Suspension from public office,
the right to vote and be voted
for, the right to follow
profession or calling, and
12.Public censure
Notwithstanding the provisions of the
rule next preceding, the maximum
duration of the convicts sentence
shall not be more than threefold the
length of time corresponding to the
most severe of the penalties imposed
upon him. No other penalty to which
he may be liable shall be inflicted
after the sum of those imposed
equals the said maximum period.
Such maximum period shall in no case
exceed forty years.
In applying the provisions of this rule
shall be computed at thirty years.
Rule 1: Penalties are to be served
simultaneously.
Penalties which can be served
simultaneously with imprisonment:
a. Perpetual absolute disqualification;
b. Perpetual special disqualification;
c. Temporary absolute
disqualification;
d. Temporary special disqualification;
e. Suspension
f. Destierro [cannot be served
simultaneously with imprisonment]
g. Public censure
h. Fine and bond to keep the peace
i. Civil Interdiction
j. Confiscation and payment of costs
Rule 2: Penalties that cant be served
simultaneously shall be served
successively.
Penalties constituting of deprivation of
liberty cannot be served simultaneously
and thus must be served successively
based on their severity.
The time of the commencement of the
second sentence did not commence to run
until the expiration of the first. (People v.
Dola)
The most severe of penalties includes
equal penalties. The maximum based on
the three-fold rule is 3 times the duration
of any of the equal penaltieslimited to
40 years.
Three-fold Rule
The rule only applies when the convict has
to serve at least four sentences. When
there are less than four sentences the
aggregate of all the sentences is always
less than the duration of the most severe
penalty multiplied by 3.
The three-fold rule only applies if the
duration of the most severe penalty
multiplied by 3 is less than the aggregate
of the sentences.
Three-fold rule applies under the
following circumstances (in the
execution of the judgment):
a. Irrespective of the fact that the
different offenses are charged in
several information;
b. All sentences are included in a
single prosecution;
c. Several cases are tried before the
same court or in different courts.
d. Penalties were imposed for
different crimes at different times
(Torres v. Superintendent)
(People v. Geralde)
Duration of the convicts sentence refers
to several penalties for different offenses,
not yet served out. If the convict has
already served the sentence for one
offense, that imprisonment will not be
considered, for the purpose of the three-
fold rule.
If the sentence is indeterminate the basis
of the three-fold rule is the maximum
term of the sentence. (People v.
Desierto)
The three-fold rule does not consider the
subsidiary imprisonment because its basis
is the principal penalty. The penalty will be
served in conjunction with the additional
penalty of subsidiary imprisonment in case
the accused cannot pay the fine. (Bagtas
v. Director of Prisons)
Article 70 makes no distinction. An
indemnity is a penalty wherein the three-
fold rule can be appliedalthough
pecuniary in character.
The penalty to be imposed by the Court is
subject to all the crimes by which the
accused is guilty. On the other hand, in
the service of the same, they shall not
exceed three times the most severe and
shall not exceed 40 years. It is applied in
connection to the service of the sentence
imposed.
Perpetual penalties are imposed as under
the RPC; but they are served under Article
7030 years.
Death Penalties
Death penalties (Capital Penalties) shall be
served simultaneously. Multiple death
penalties can be imposed.
Multiple death penalties when commuted
to multiple life imprisonments, the
practical effect is to serve such sentences
in the maximum of 40 years. If one death
penalty is imposed and in turn commuted;
the convict shall only serve for 30 years.
(People v. Peralta)
Different systems of Penalty
a. Material accumulation systemno
limitation of duration of sentence
to be served;
b. Juridical accumulation system
limited to the 3-fold rule and not to
exceed 40 years;
c. Absorption Systemobserved in
the imposition of the penalty in a
complex crime, continuing crime,
and specific crimes.
Art. 71 In the cases in which the law
prescribes a penalty lower or higher
by one or more degrees than another
given penalty, the rules prescribed in
Article 61 shall be observed in
graduating such penalty.
The lower or higher penalty shall be
taken from the graduated scale in
which is compromised the given
penalty.
The courts, in applying such lower or
higher penalty, shall observe the
following graduated scales.
Scale 1 (deprivation of life and liberty)
1. Deathtaken out in pursuant of
R.A. 9346
2. Reclusion Perpetua
3. Reclusion Temporal
4. Prision Mayor
5. Prision Correccional
6. Arresto Mayor
7. Destierro
 8. Arresto Menor
9. Public Censure
10.Fine
Scale 2 (deprivation of political rights)
1. Perpetual absolute
disqualification
2. Temporary absolute
disqualification
3. Suspension from public office,
the right to vote and be voted
for, and the right to follow a
profession or calling
4. Public censure
5. Fine
The scale is in reference to the level of the
punishment (Article 61). This is in
conjunction with the increase or decrease
of the degrees/period of punishment in
relation to mitigating/aggravating
circumstances. Also, this in relation to the
degree of participation and level of
accomplishment of the crime.
Destierro
Higher in level, it being a correctional
penalty, than arresto menor under Article
71.
Less severe than arresto menor under
Article 70; with regards to deprivation of
liberty.
The metropolitan and municipal courts can
impose destierro. It can be imposed
specifically but when the circumstances
lower the penalty to desiterro.
Art. 72 The civil liabilities of a person
found guilty of two or more offenses
shall be satisfied by following the
chronological order of the dates of
the final judgment rendered against
him, beginning with the first in order
of time.
A person guilty, upon final judgment, of
two or more offenses has two or more civil
liabilities.
The order of payment of civil liabilities is
based on the dates of final judgment
(chronological order of the dates of the
final judgment).
Art. 73 Whenever the courts shall
impose a penalty which by provision
of law, carries with it other penalties,
according to the provision of Article
40, 41, 42, 43, 44 and 45 of this Code,
it must be understood that the
accessory penalties are also imposed
upon the convict.
Accessory penalties are deemed imposed;
there is no need to make an express
announcement in the decision.
Art. 74 In cases in which the law
prescribes a penalty higher than
another given penalty, without
specifically designating the name of
the former, if such higher penalty
should be that of death, the same
penalty and the accessory penalties
of Article 40, shall be considered as
the next higher penalty.
When the resulting penalty is death, but
it is not specifically provided by law
as a penalty (as a result of aggravating
or qualifying circumstances), the latter
cannot be imposed. The given penalty
would be reclusion perpetua and the
accessory penalties of death under Article
40.
Imposed as next higher40 years service
after which, is given pardon;
Imposed as a penalty30 years service
after which, is given pardon;
Rationale: The penalty higher than
reclusion perpetual cannot be death,
because death must be specifically
imposed by law as a penalty for a given
crime.
Art. 75 Whenever it may be necessary
to increase or reduce the penalty of
fine by one or more degrees, it shall
be increased or reduced, respectively,
for each degree, by one-fourth of the
maximum amount prescribed by law,
without however, changing the
minimum.
The same rules shall be observed
with regard to fines that do not
consist of a fixed amount, but are
made proportional.
Fines are also graduated into degrees for
the imposition of the proper penalty.
The basis for reduction of the degree must
necessarily be the penalty prescribed by
law for the consummated felony.
Under this article, the fine must have a
minimum and a maximum fixed by law.
This article does not apply when the law
does not fix the minimum of the fine.
When the minimum is not fixed by the law,
but the maximum is fixedthe minimum
is left to the sound discretion of the Court
but it must not exceed the maximum
authorized by the law.
Art. 76 The legal period of duration of
divisible penalties shall be considered
as divided into three parts, forming
three periods, the minimum, the
medium, and the maximum in the
manner shown in the following table.
Art. 77 In cases in which the law
prescribes a penalty composed of
three distinct penalties, each one
shall form a period; the lightest of
them shall be the minimum, the next
the medium, and the most severe the
maximum period.
Whenever the penalty prescribed
does not have one of the forms
specially provided for in this Code,
the periods shall be distributed,
applying by analogy the prescribed
rules.
Complex penaltyprescribed by law
composed of three distinct penalties, each
forming a period; the lightest of them shall
be the minimum, the next the medium,
and the most severe the maximum period.
Art. 78 No penalty shall be executed
except by virtue of a final judgment.
A penalty shall not be executed in
any other form than that prescribed
by law, nor with any other
circumstances or incidents than those
expressly authorized thereby.
In addition to the provisions of the
law, the special regulations
prescribed for the government of the
institutions in which the penalties are
to be suffered shall be observed with
regard to the character of the work to
be performed, the time of its
performance, and other incidents
connected therewith, the relations of
the convicts among themselves and
other persons, the relief which they
may receive, and their diet.
The regulations shall make provisions
for the separation of the sexes in
different institutions, or at least into
different departments, and also for
the correction and reform of the
convicts.
Final judgment
a. When it is beyond the 15-day
period of making an appeal,
controlling point is the period of
promulgation of sentence;
b. When the right to appeal has been
waived;
c. When the sentence has been
served [partially-served]
d. When the accused has applied for
probation.
Art. 79 When a convict shall become
insane or an imbecile after final
sentence has been pronounced, the
execution of said sentence shall be
suspended only with regard to the
personal penalty, the provisions of
the second paragraph of
circumstance number 1 of Article 12
being observed in the corresponding
cases.
If at any time the convict shall
recover his reason, his sentence shall
be executed, unless the penalty shall
have prescribed in accordance with
the provisions of this Code.
The respective provisions of this
section shall also be observed if the
insanity or imbecility occur while the
convict is serving his sentence.
Timing of Insanity Effect
At the time of the Exempt
commission of the (Article 12
offense Par. 1)
At the time of the trial Proceedings
will be
suspended
At the time of final Personal
judgment penalty will
While serving sentence be
suspended; if
he recovers
his reason
then it will be
executed;
unless the
same has
prescribed
under Article
91
Art. 80 Suspension of sentence of
minor delinquents
Xxxxx
Art. 85 Unless claimed by his family,
the corpse of the culprit shall, upon
the completion of the legal
proceedings subsequent to the
execution, be turned over to the
institute of learning or scientific
research first applying for it, for the
purpose of study and investigation,
provided that such institute shall
take charge of the decent burial of
the remains. Otherwise, the Director
of Prisons shall order the burial of the
body of the culprit at government
expense, granting permission to be
present thereat to the members of
the family of the culprit and the
friends of the latter. In no case shall
the burial of the body of a person
sentenced to death be held with
pomp.
Art. 86 The penalties of reclusion
perpetua, reclusion temporal, prision
mayor, prision correccional and
arresto mayor, shall be executed and
served in the places and penal
establishments provided by the
Administrative Code in force or which
may be provided by law in the future.
Art. 87 Any person sentenced to
destierro shall not be permitted to
enter the place or places designated
in the sentence, nor within the radius
therein specified, which shall not be
more than 250 and not less than 25
kilometers from the place designated.
Imposed:
a. When death or serious physical
injuries is caused or are inflicted
under exceptional circumstances;
b. When a person fails to give a bond
for good behavior;
c. As a penalty for the concubine in
the crime of concubinage;
d. When after lowering the penalty by
degrees, destierro, is the proper
penalty.
Art. 88 The penalty of arresto menor
shall be served in the municipal jail,
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, taking into
consideration the health of the
offender and other reasons which
may seem satisfactory to it.
The accused can only serve his sentence
in his house, when the the court sentences
him to do so. It is not presumed.
Grounds:
a. Health of the offender;
b. Other reasons satisfactory to the
Court
Art. 89 Criminal liability is totally
extinguished:
1. By death of the convict, as to
the personal penalties; and as
to the pecuniary penalties,
liability therefor is
extinguished only when the
death of the offender occurs
before final judgment.
Death of a convict before or after final
judgment extinguishes criminal liability,
the latter being personal in nature.
Occurrenc Criminal Pecuniary
e of Death Liability Liability
[personal [fines]
penalties]
Before final Extinguishe Extinguishe
judgment d d
After final Extinguishe Not
judgment d Extinguishe
d 4. Finally, the private offended party need
If the death of the accused occurs while an
appeal is pending both the personal and
pecuniary liabilities are extinguished
because there is final judgment.
Ruling under: People v. Bayotas
1. Death of the accused pending appeal of
his conviction extinguishes his criminal
liability as well as the civil liability based
solely thereon. As opined by Justice
Regalado, in this regard, "the death of the
accused prior to final judgment terminates
his criminal liability and only the civil
liability directly arising from and based
solely on the offense committed, i.e., civil
liability ex delicto in senso strictiore."
2. Corollarily, the claim for civil liability
survives notwithstanding the death of
accused, if the same may also be
predicated on a source of obligation other
than delict. Article 1157 of the Civil Code
enumerates these other sources of
obligation from which the civil liability
may arise as a result of the same act or
omission:
a) Law
b) Contracts
c) Quasi-contracts
d) . . .
e) Quasi-delicts
3. Where the civil liability survives, as
explained in Number 2 above, an action
for recovery therefor may be pursued but
only by way of filing a separate civil action
and subject to Section 1, Rule 111 of the
1985 Rules on Criminal Procedure as
amended. This separate civil action may
be enforced either against the
executor/administrator or the estate of the
accused, depending on the source of
obligation upon which the same is based
as explained above.
not fear a forfeiture of his right to file this
separate civil action by prescription, in
cases where during the prosecution of the
criminal action and prior to its extinction,
the private-offended party instituted
together therewith the civil action. In such
case, the statute of limitations on the civil
liability is deemed interrupted during the
pendency of the criminal case,
conformably with provisions of Article
115521 of the Civil Code, that should
thereby avoid any apprehension on a
possible privation of right by prescription.
Given the situation where a civil action
was instituted with the criminal action,
there was no independent civil action:
If the civil liability is based on a
quasi-delictthe offended party can
claim from the executor or administrator
of the estate of the accused for the civil
liability.
If the civil liability is based on a
contractthe offended party can claim
against the estate of the accused.
2. By service of the sentence
Crime is a debt incurred by an offender as
a consequence of his wrongful act and
penalty is but the amount of his debt,
when payment is made the debt is
extinguished.
Service of sentence does not extinguish
the civil liability. (Salgado v. CA)
3. By amnesty, which completely
extinguishes the penalty and
all its effects;
4. By absolute pardon;
Amnesty Pardon
A sovereign act An act of the
[President w/ the President (Chief
concurrence of Executive)
Congress]
Granted before or Granted after
after conviction conviction [final
judgment]
Looks backward Looks forward; it
[obliterates the relieves the penal
crime; as if the consequences; but or acts of lasciviousness, shall not be
offender never does not block out prosecuted except upon a complaint filed
committed it] the crime itself. by the offended party or her parents,
GR: Accessory grandparents, or guardian, nor, in any
penalties still exist case, if the offender has been expressly
despite pardon; pardoned by the above named persons, as
XPN: Unless, it is the case may be.
expressly
pardoned In cases of seduction, abduction, acts of
Public Act Private Act lasciviousness and rape, the marriage of
[requires the offender with the offended party shall
application and extinguish the criminal action or remit the
acceptance by the penalty already imposed upon him. The
convict] provisions of this paragraph shall also be
Only one type Pardon needs to be applicable to the co-principals,
qualified on accomplices and accessories after the
whether it is the fact of the above-mentioned crimes.
following:
a. Absolute;
Rape is no longer included since it is a
b. Conditional
public crime. What is only considered
With regards to With regards to
under Article 344 are private crimes.
political offenses any crime
Marriage of the offender and the offended
Granted to a Granted to a
party shall extinguish the criminal liability
certain class of certain individual
of the offender and his co-principals,
individuals
accomplices and accessories, but of
No longer a Does not alter his course the marriage must be contracted in
recidivist recidivism good faith.
Courts should take Needs to be
judicial notice pleaded and Art. 90 Prescription of Crimes
proved by person
pardoned. Prescription of the crime refers to the
Civil liability is not obliterated. It still waiver or forfeiture of the State to file a
exists. case against you. If the State does not file
within that certain period, then it forfeits
5. By prescription of the crime; its right to file a criminal action.
6. By prescription of the penalty;
7. By the marriage of the
offended woman, as provided Penalty Prescription
in Article 344 of this Code. Prescribed Period
Article 344. Prosecution of the crimes of Death, Reclusion 20 years
adultery, concubinage, seduction, Perpetua,
abduction, rape and acts of Reclusion Temporal
lasciviousness. - The crimes of adultery Prision Mayor, 15 years
and concubinage shall not be prosecuted Perpetual or
except upon a complaint filed by the Temporary
offended spouse. absolute/special
disqualification
The offended party cannot institute Prision 10 years
criminal prosecution without including Correccional,
both the guilty parties, if they are both Suspension,
alive, nor, in any case, if he shall have Destierro
consented or pardoned the offenders. Arresto Mayor 5 years
Libel 1 year
The offenses of seduction, abduction, rape Oral defamation 6 months
and slander by
deed [grave
slander]
Arresto menor 2 months
Light felony; 2 months
Simple Slander
When the penalty fixed by law is a
compound one, the highest penalty
shall be made the basis of the
application of the rules contained in
the first, second, and third
paragraphs of this Article.
Fines also have prescriptions under Article
26.
Article 26. When afflictive,
correctional, or light penalty. - A fine,
whether imposed as a single of as an
alternative penalty, shall be
considered an afflictive penalty, if it
exceeds 6,000 pesos; a correctional
penalty, if it does not exceed 6,000
pesos but is not less than 200 pesos;
and a light penalty if it less than 200
pesos.
Now take note of this, when fine is an
alternative penalty higher than the
penalty which involves imprisonment, then
the basis of the prescription period is the
fine. Case in point is the case of People
vs. Yu Hai (August 15, 1956)
Applicable also if it is a penalty and a fine.
Fines amounting to P200:
Under Article 90, supra, "light offenses
prescribe in two months". The definition of
"light offenses" is in turn to be found in
Article 9, which classifies felonies into
grave, less grave, and light, and defines
"light felonies" as "those infraction of law
for the commission of which the penalty
of arresto mayor or a fine not exceeding
200 pesos or both is provided ". The
offense charged in punishable by arresto
menor or a fine not exceeding 200
pesos (Article 195). Hence, it is a "light
offense" under Article 9 and prescribes in
two months under Article 90.
In computing the period of prescription,
the first day is to be excluded and the last
day included. The running of the
prescriptive period should commence
from the day following the day on which
the crime was committed; given that such
was committed against the offended party
present at that time. (People v. Del
Rosario)
In a situation wherein there is no
knowledge upon the offended party, such
as theft or robbery. The period shall
commence upon the date of discovery
thereof.
Rule where the last day of the
prescriptive period falls on a Sunday
or legal holiday. The State cannot file on
the regular working day because it is
beyond the prescription period. It should
file its case before the holiday or Sunday.
(Yapdiangco v. Buencamino)
The list in Article 89 is exclusive. Novation
is not a mode of extinguishing criminal
liability, but it has the same effect.
(Diongson v. CA)
Interruption of Prescription Period:
When proceedings are instituted against
the guilty person, and shall begin to run
again if the proceedings are dismissed for
reasons not constituting jeopardy. If it is a
case of jeopardy, the prescription period
will not run.
Rule: You cannot be convicted of the
crime lesser than that charged if the lesser
crime has already prescribed. Allowing
such would be tantamount to the
circumvention of the rule on prescription
of the crime.
The accused cannot be convicted of the
offense of slight oral defamation
necessarily included in the offense of
grave slander charged in the information,
where the lesser offense had already
prescribed at the time the information was
filed. (People v. Rarang; People v.
Fransciso)
Art. 91 Computation of prescription of
offenses. The period of prescription
shall commence to run from the day
on which the crime is discovered by
the offended party, the authorities, or XPN: Accused claims that the case of
their agents, and shall be interrupted Reyes should be applied to his situation,
by the filing of the complaint or wherein the filing of a bigamous marriage
information, and shall commence to should serve as a constructive notice. The
run again when such proceedings case of Reyes is not applicable, because
terminate without the accused being there is no such thing as a filing of a
convicted or acquitted, or are bigamous registration. (Sermonia v. CA)
unjustifiably stopped for any reason
not imputable to him. Continuing crimes: The prescription
period begins upon the end of the crime or
The term of prescription shall not run from the latest act. In the case of
when the offender is absent from the continuing crimes, there is no such period,
Philippine Archipelago. therefore the prescriptive period will not
commence.
The prescription period is terminated or False Testimony: The period of
will remain suspended under the following prescription will run from the date of the
conditions: finality of the judgment of the case in
a. Accused is convictedterminated; which the offender made the false
b. Accused is acquittedterminated; testimony. (People v. Maneja)
c. By the acts of the accused which
justifiably stalls the prescription Prescription in Special laws:
period
Act No. 3326
Prescription Period: The period of time by If specified in the special law, the violation
which the State can file a case against the of such law will have a prescription
accused. specified by it. Otherwise, the chart below
is controlling:
Controlling; Start of the period:
a. Date of commission of the crimeif Duration of Prescription
crime is known; Penalty Period
b. Date of discovery of the crime Fine; 1 year
(Article 152, RPC)if the crime is Imprisonment:
concealed or not known X< 1 month
Imprisonment: 4 years
For discovery of the crime, it must be by 1 month < X< 2
the right person [offended party, the years
authorities and its agents] Imprisonment: 8 years
2 years < X < 6
Prescriptive period will run from the years
discovery of the dead body; even if the Imprisonment: 12 years
identity of perpetrator is unknown. It is not 6 years =< X
necessary that the accused be arrested. Treason 20 years
(People v. Joson) Violations of 2 months
municipal
Constructive Notice: In a case of ordinances
falsification of documents, which was
registered in the Registry of Deeds. The Running of the prescription period; tolled:
prescription period is 15 years. The crime a. Upon the filing of a complaint
was discovered 17 years later. The date of affidavit;
registration in the ROD is controlling, b. Upon the filing of an information
because it serves as a constructive notice. denuncia;
Therefore, the crime has prescribed.
(People v. Reyes) It is only through the filing of a complaint
or information in trial court for a judicial
proceeding which suspends the running of
the prescription period. (Zaldivia v. Reyes;
PCGG v. Desierto)
Controlling: Filing of a case in the Fiscals
office (DOJ) for Preliminary Investigation
will toll the prescription period. The PI is
the beginning of a judicial proceeding.
(People v. Pangilinan)
The Court even ruled that investigations
conducted by the Securities and Exchange
Commission for violations of the Revised
Securities Act and the Securities
Regulations Code effectively interrupts the
prescription period because it is
equivalent to the preliminary investigation
conducted by the DOJ in criminal cases.
(SEC v. Interport Resources)
repudiation or of the certification to file
action issued by the lupon or pangkat
secretary: Provided, however, That such
interruption shall not exceed sixty (60)
days from the filing of the complaint with
the punong barangay
Running of the prescription period;
run again:
a. Proceeding terminate without the
accused being convicted or
acquitted;
b. Unjustifiably stopped for any
reason not imputable to him.
If the accused jumps his bail, such reason
is imputable to him, therefore, the
prescription will not commence to run.

Involving special laws, this Court held that If the proceedings terminate upon petition
the institution of proceedings for of the accused, the proceedings terminate
preliminary investigation against the without conviction or acquittal, the period
accused interrupts the period of of prescription commences to run again.
prescription. (Sanrio v. Lim)
If the case is terminated without the
This Court categorically ruled that consent of or over the objection of the
commencement of the proceedings for the accused who had already been arraigned.
prosecution of the accused before the This time, the dismissal become final.
Office of the City Prosecutor effectively The accused cannot be prosecuted any
interrupted the prescriptive period for the more for the same offense even within the
offenses they had been charged under BP prescriptive period, on the ground of
Blg. 22. Aggrieved parties, especially double jeopardy. There is no more
those who do not sleep on their rights and prescription period.
actively pursue their causes, should not be
allowed to suffer unnecessarily further Art. 92 The penalties imposed by final
simply because of circumstances beyond sentence prescribe as follows:
their control, like the accuseds delaying
tactics or the delay and inefficiency of the Penalty imposed Prescription
investigating agencies. (Panaguiton v. Period
DOJ) Death, Reclusion 20 years
Perpetua
This case will not apply if the case is tried Reclusion 15 years
under summary proceedings. Temporal,
Perpetual or
Case is filed with the Barangay; LGC: Temporary
Suspension of prescriptive period of Absolute/Special
offenses - While the dispute is under Disqualification
mediation, conciliation, or arbitration, the Prision Mayor
prescriptive periods for offenses and Prision Correcional, 10 years
cause of action under existing laws shall Suspension,
be interrupted upon filing the complaint Destierro
with the punong barangay. The Arresto Mayor 5 years
prescriptive periods shall resume upon
Arresto menor, 1 year
receipt by the complainant of the
Public Censure
complainant or the certificate of
Prescription of penalty the loss or
forfeiture of the right of the government to
execute the final sentence after the lapse
of a certain time [imposition of the
sentence]. The penalties must be
imposed by final sentence.
Fine of P200
Type of Crime Prescripti
Prescription on Period
Prescription of Light 2 months
Crime (Article Felony
9)
Prescription of Correctio 10 years
Penalty nal
(Article 26) Penalty
The subsidiary penalty for nonpayment of
the fines is immaterial.
Art. 93 The period of prescription of
penalties shall commence to run from
the date when the culprit should
evade the service of his sentence,
and it shall be interrupted if the
defendant should give himself up, be
captured, should go to some foreign
country with which this Government
has no extradition treaty, or should
commit another crime before the
expiration of the period of
prescription.
Commencement: From the date that the
convict evades the service of his
sentence. Sentence must be final. Escape
must be from the prison he was instituted.
Evasion of sentence: Can only be
committed by those who have been
convicted by final judgment by escaping
during the term of his sentence.
(Jovendodel Castillo vs. Rosario
Torrecampo)
Interruption if the defendant:
1. Should give himself up;
2. Be captured;
3. Should go to some foreign country
with which the government has no
extradition treaty; or
4. Should commit another crime
before the expiration of the period
of prescription. [The commission of
another crime must be after the
evasion of the sentence; the
evasion must not serve be
considered to toll the prescription
period]
Accrual of years of evasion for the
prescription period: The period of
prescription that ran during the evasion is
not forfeited, so that if the culprit is
captured and evades again the service of
his sentence, the period of prescription
that has run in his favor should be taken
into account.
Art. 94 Criminal liability is
extinguished partially:
1. By conditional pardon;
2. By commutation of the
sentence; and
3. For good conduct allowances
which the culprit may earn
while he is serving his
sentence.
4. Parole
5. Probation
Conditional Pardondelivered and
accepted [pardon is a personal act] is
considered a contract between the
sovereign power of the executive and the
convict that the former will release the
latter upon compliance with the condition.
Commutation of sentencechange of
the decision of the court made by the
Chief Executive by reducing the degree of
the penalty inflicted upon the convict, or
by decreasing the length of the
imprisonment or the amount of the fine.
Commutation; special cases:
a. When the convict sentenced to
death is over 70 years of age (Art.
83);
b. When eight justices of the Supreme
Court fail to reach a decision for
the affirmance of the death penalty.
In all cases, the death penalty is
commuted to reclusion perpetua;
Commutation is a public act. Therefore, it
does not require the consent of the
offender. (Biddle v. Perovich)
 Conditional Parole
Pardon
After final After serving the
judgment min. penalty
Granted by the Granted by the
Chief Executive Board of Pardons
and Parole
For violation the The convict cannot
convict will be prosecuted
ordered rearrested under Article 159.
or incarcerated by He can be
the CE, or may be rearrested and
prosecuted under reincarcerated to
Article 159 serve the
unserved portion
of his original
penalty.
Art. 95 Any person who has been
granted conditional pardon shall
incur the obligation of complying
strictly with the conditions imposed
therein, otherwise, his noncompliance
with any of the conditions specified
shall result in the revocation of the
pardon and the provisions of Article
159 shall be applied to him.
Grant of Pardonpurely executive act.
Determination of whether accused
violated the conditions of the pardon
judicial in character.
Under Article 64 of the Revised
Administrative Codethe President is
authorized to order the arrest the convict
upon violation of the condition of the
parole, pardon, or suspension of the
sentence. This is executive in character.
Section 64 (i) of the Revised
Administrative Code: To grant to
convicted prisoners reprieves or pardons,
either plenary or partial, conditional, or
unconditional, to suspend sentences
without pardon, fines and order the
discharge of any convicted person upon
parole, subject to such conditions as he
may impose, and to authorize the arrest
and reincarceration of any such person
who, in his judgment, shall fail to comply
with the condition, conditions, of his
pardon, parole or suspension of
sentence.
Condition of Pardon; duration
GR: Limited to the period of the prisoners
sentence.
XPN: Unless, there is an intention to
extend it beyond that time was manifest
from the nature of the conditions or the
language which it was imposed.
Violation of Article 159 of the RPC:
a. If the penalty remitted does not
exceed 6 yearsPrision
correccional in its min period.
b. If the penalty remitted is higher
than 6 yearsUnexpired portion of
the original sentence.
Facts: Appellant was convicted for the
crime of falsification of a public document.
In 1935, he was granted parole but subject
to certain conditions, among which, That
he will not commit any other crime and
will conduct himself in an orderly manner.
In 1937, he was charged with adultery. In
1938, a complaint was lodged with the
Board of Indeterminate Sentence. His
parole was later revoked. Appellant
contended that judicial pronouncement to
the effect that he has committed a crime
in necessary before he can be properly
adjudged as having violated his
conditional parole.
Held: It was, therefore, the mere
commission, not his conviction by court, of
any other crime, that was necessary in
order that the petitioner may be deemed
to have violated his parole. And under
section 64 (i) of the Administrative Code,
the Chief Executive is authorized to order
the arrest and re-incarceration of any
such person who is his judgment, shall fail.
Art. 96 The commutation of the
original sentence for another of a
different length and nature shall have
the legal effect of substituting the
latter in the place of the former.
Pardon Commutation
To be effective, must Need not be accepted
be accepted by the convict to bePeriod Deduction each
operative [Public in month of good
nature] behavior
Avoids or terminates Remission of a part of1st 2 years 20 days
punishment for crime the punishment, a3rd to 5th year 23 days
substitution of a lessFollowing years until 25 days
penalty for the onethe 10th year
originally imposed 11th and successive 30 days
years
Commutation Reprieve
Reduction of the Temporary suspensionDifferent from Article 29 [Preventive
penalty imposed of the execution of aImprisonment]
sentence, especially of
a sentence of death No allowance for good conduct while
Object is the Appears to apply onlyprisoner is released under conditional
rehabilitation of the to capital sentences pardon. The reason is that the good
criminal offender conduct time allowance is given in
consideration of the good conduct
Art. 97. Allowance for good observed by the prisoner while serving his
conduct. The good conduct of any sentence. (People v. Martin)
prisoner in any penal institution shall
entitle him to the following If the case of the accused is under appeal
deductions from the period of his and he is under preventive imprisonment,
sentence: then he is still entitled to the effects.
1. During the first two years of his
imprisonment, he shall be allowed a Art. 98 A deduction of one-fifth of the
deduction of five days for each month period of his sentence shall be
of good behavior; granted to any prisoner who, having
2. During the third to the fifth year, evaded the service of his sentence
inclusive, of his imprisonment, he under the circumstances mentioned
shall be allowed a deduction of eight in Article 158 of this Code, gives
days for each month of good himself up to the authorities within
behavior; 48 hours following the issuance of a
3. During the following years until the proclamation announcing the passing
tenth year, inclusive, of his away of the calamity or catastrophe
imprisonment, he shall be allowed a to in said article.
deduction of ten days for each month
of good behavior; and Art. 158. Evasion of service of sentence on
4. During the eleventh and successive the occasion of disorder, conflagrations,
years of his imprisonment, he shall be earthquakes, or other calamities. A
allowed a deduction of fifteen days convict who shall evade the service of his
for each month of good behavior. sentence, by leaving the penal institution
where he shall have been confined, on the
Period Deduction eachoccasion of disorder resulting from a
month of goodconflagration, earthquake, explosion, or
behavior similar catastrophe, or during a mutiny in
st
1 2 years 5 days which he has not participated, shall suffer
rd th
3 to 5 year 8 days an increase of one-fifth of the time still
Following years until 10 days remaining to be served under the original
the 10th year sentence, which in no case shall exceed
six months, if he shall fail to give himself
11th and successive 15 days
up to the authorities within forty-eight
years
hours following the issuance of a
proclamation by the Chief Executive
[AMENDED]
announcing the passing away of such
calamity.
Convicts who, under the circumstances
mentioned in the preceding paragraph,
shall give themselves up to the authorities
within the above mentioned period of 48
hours, shall be entitled to the deduction
provided in Article 98.
Increase/Decrea Basis [Amended]
se
Increase 1/5 of the
remainder of the
sentencelimited
to six months
Decrease 2/5 of the original
sentence
Art. 99 Whenever law fully justified,
the Director of Prisons shall grant
allowances for good conduct. Such
allowances once granted shall not be
revoked.
Director of Prisons grants the time
allowances; not an automatic right.
***Probation Law***
Probationis a disposition under which a
defendant, after conviction and sentence,
is released subject to conditions imposed
by the court and to the supervision of a
probation officer.
Probation is a partial extinction of the
sentence.; because the sentence is
suspended.
Good Behavior: After the term of the
probation; you will go back for final
execution. (Interlocutory decision)
Bad Behavior: If the violation is
established, the Court may revoke or
continue his probation and modify the
conditions thereof. If revoked, the court
shall order the probationer to serve
the sentence originally imposed (full
sentence). An order revoking the grant of
probation or modifying the terms and
conditions thereof is not appealable.
(Section 15)
Section 4: Grant of Probation
a. After conviction and sentence;
b. After application at any time by the
defendant, within a period of
perfecting an appeal.
c. Effect: Suspend the sentence and
place the defendant on probation
The order granting or denying the
probation is NOT APPEALABLE. This is
with regards as to the application for
probation. This is NOT a final judgment but
an INTERLOCUTORY ORDER.
Application, when: Upon application for
the period of perfecting an appeal (15
days from the promulgation of a sentence)
Application, under: Probation is granted
for sentences wherein the penalty
imposed is a term of imprisonment or fine
only. Probation may be granted even if
the sentence is a fine with a
subsidiary imprisonment.
Section 14. Period of Probation.
(a) The period of probation of a defendant
sentenced to a term of imprisonment of
not more than one year shall not exceed
two years, and in all other cases, said
period shall not exceed six years. (If more
than one year; said period shall not
exceed six years)
(b) When the sentence imposes a fine only
and the offender is made to serve
subsidiary imprisonment in case of
insolvency, the period of probation shall
not be less than nor to be more than twice
the total number of days of subsidiary
imprisonment as computed at the rate
established, in Article thirty-nine of the
Revised Penal Code, as amended.
XPN: Under R.A. 9344 (For Minors),
probation is automatically granted, there
is no need for application.
A bar to application: After conviction,
you can either apply for probation or
appeal your case you cannot choose both
actions. If the convict chose to appeal
then after the 15-day period opted to
apply for probation, he will be barred from
such action. But, if within the 15 days he
changes his mind and applied for
probation; the SC will still accept his
applicationas long as it is within the 15-
day period.
SALEM ALEX PALO y TOYUR vs. HON.
FRANCIS J. MILITANTE (Palo v.
Militante)
It is clear that what the law requires is
that the application for probation must be
filed within the period for perfecting an
appeal. The need to file it within such
period was intended to encourage
offenders, who are willing to be
reformed and rehabilitated, to avail
of probation at the first opportunity.
15 Such provision, was never
intended to suspend the period for
the perfection of an appeal.
As earlier noted, the filing of the
application for probation operates as
a waiver of the right to appeal. Thus,
there is no more opportunity for the
accused to exercise his right to appeal,
much less to withdraw a supposed
improvident plea of guilty, the judgment
having become final by the filing of the
application for probation.
Can the offender apply for probation
and at the same time appeal the civil
liability? YES. the offender may still
appeal a civil liability despite the filing of
the application for probation.
What if on appeal the imposed penalty
was reduced to a probationable penalty?
We said the penalty imposed should not
exceed 6 yr. Suppose that you are
sentenced to prision mayor but on appeal
your penalty was lowered to prision
correctional but you are still found guilty.
Can you apply for probation?
Held: Francisco vs CA SC: While the
proposition that an appeal should not bar
the accused from applying for probation if
the appeal is solely to reduce the penalty
to within the probationable limit may be
equitable, we are not yet prepared to
accept this interpretation under existing
law and jurisprudence. So the answer is
NO, you cannot because you actually
already perfected the appeal. Even if it
is equitable for the accused, the court is
not yet prepared to accept such
interpretation. Probation should be
availed at the first opportunity. In
order to prevent speculation, the
probation is denied. [General Rule]
XPN: Case of Colinares: If the accused
is given two (2) convictions [one non-
probationary and one probationary]; the
accused filed an appeal under the non-
probationary penalty. The accused was
found guilty by the RTC and was imposed
with the non-probationary penalty by the
RTC. But, upon the acquisition of new
information by the Supreme Court, the
penalty imposed by the Court was the
lower probationary penalty. The appeal
previously applied by the convict does not
serve as a bar as to the application of
probation.
Rationale: Denying the application of
probation would be tantamount to
implying that the decision of the SC would
be abrogated by the decision of the RTC.
The ruling of the RTC was with regards a
non-probationary crime [beyond 6 years],
therefore he had no choice but only that of
an appeal. Therefore, upon the imposition
of a lesser probationary penalty, such
application for appeal should not serve as
a bar to his application for probation. It is
as if he never made such appeal. His
application for probation will be allowed.
Dimacuta v. Maruhom
Held: The application for probation is
available if the convict merely wanted the
Court to review the penalty imposed and
not his innocence. In this case, convict has
accepted his guilthe is not denying it.
Probation is only given to qualified
penitent offenders. If the appeal is based
on merits of the case, then application for
probation is not allowed.
If the appeal is for:
a. The penalty imposed;
b. For the purpose of reviewing the
evidence for which the crime is
committed; and the accused is
liable for the crime which has the
lesser penalty.
These two grounds must be cited in the
motion for reconsideration before a notice
of appeal. Such kind of appeal does not
bar application for probation.
SPECIAL CASES:
IN RELATION TO R.A. 9344:
SEC. 42. Probation as an Alternative
to Imprisonment. - The court may, after
it shall have convicted and sentenced a
child in conflict with the law, and upon
application AT ANY TIME, place the
child on probation in lieu of service of
his/her sentence taking into account the
best interest of the child. For this purpose,
Section 4 of Presidential Decree No. 968,
otherwise known as the "Probation Law of
1976", is hereby amended accordingly.
Under Sec. 42, the CICL must apply for
probation. That is the distinction between
suspension and probation under RA 9344.
Suspension is automatic, probation is
applied for.
IMPORTANT! >> The CICL may file an
application for probation:
even beyond the period of
perfecting an appeal [15 days from
the Promulgation of the sentence]
even if the child has perfected the
appeal from the judgment of
conviction or
is already serving his sentence.
Provided the sentence is not more than 6
years of imprisonment.
IN RELATION TO R.A. 9165
Under R.A. 9165, the minor can be placed
under probation even if the imposed
sentence is higher than 6 years.
RA 9165 Section 70. Probation or
Community Service for a First-Time
Minor Offender in Lieu of
Imprisonment. Upon promulgation of
the sentence, the court may, in its
discretion, place the accused under
probation, even if the sentence
provided under this Act is higher than
that provided under existing law on
probation, or impose community service
in lieu of imprisonment. In case of
probation, the supervision and
rehabilitative surveillance shall be
undertaken by the Board through the DOH
in coordination with the Board of Pardons
and Parole and the Probation
Administration. Upon compliance with the
conditions of the probation, the Board
shall submit a written report to the court
recommending termination of probation
and a final discharge of the probationer,
whereupon the court shall issue such an
order.
The community service shall be complied
with under conditions, time and place as
may be determined by the court in its
discretion and upon the recommendation
of the Board and shall apply only to
violators of Section 15 of this Act. The
completion of the community service shall
be under the supervision and rehabilitative
surveillance of the Board during the period
required by the court. Thereafter, the
Board shall render a report on the manner
of compliance of said community service.
The court in its discretion may require
extension of the community service or
order a final discharge.
In both cases, the judicial records shall be
covered by the provisions of Sections 60
and 64 of this Act.
If the sentence promulgated by the court
requires imprisonment, the period spent in
the Center by the accused during the
suspended sentence period shall be
deducted from the sentence to be served.
Section 10: Mandatory Conditions of
Parole:
(a) present himself to the probation officer
designated to undertake his supervision at
such place as may be specified in the
order within seventy-two hours from
receipt of said order;
(b) report to the probation officer at least
once a month at such time and place as
specified by said officer.
The rest of the conditions listed under
Section 10 (c-k) are discretionary upon the
Court. The list is not exclusive and subject
to the Courts decision depending on the
circumstances of the case and the convict.
FLORENTINA L. BACLAYON vs. HON. (a) the offender is in need of
PACITO G. MUTIA correctional treatment that can be
Special or discretionary conditions are provided most effectively by his
those additional conditions, listed in the commitment to an institution; or
same Section 10 of the Probation Law, (b) there is undue risk that during the
which the courts may additionally impose period of probation the offender will
on the probationer towards his correction commit another crime; or
and rehabilitation outside of prison. The (c) probation will depreciate the
enumeration, however, is not seriousness of the offense committed
inclusive. Probations statutes are liberal (Santos v. CA)
in character and enable courts to
designate practically any term it chooses The grant of Probation is subjective to the
as long as the probationers constitutional Court:
rights are not jeopardized. There are In G.R. No. 127899 December 2,
innumerable conditions which may be 1999 MARILYN C. SANTOS vs.
relevant to the rehabilitation of the HONORABLE COURT OF APPEALS -
probationer when viewed in their specific
Her issuing subject fifty-four (54)
individual context.
bouncing checks is a serious offense. To
allow petitioner to be placed on
Accessory penalties are deemed
probation would be to depreciate the
suspended upon the granting of the order
seriousness of her malefactions.
of probation. The accessory follows the
principal. (Baclayon v. Mutia)
"Sec. 9. Disqualified Offenders. The
Suspension of accessory penalties does benefits of this Decree shall not be
not mean the restoration of the civil rights extended to those:
of the offender which were lost or (a) sentenced to serve a maximum term
suspended. Such only occurs after the of imprisonment of more than six years;
final discharge of his liability. (Section (b) convicted of subversion or any crime
16) against the national security or the public
order;
Probation Subsidiary
(c) who have previously been convicted by
Imprisonment
final judgment of an offense punished by
After the period of After the period of imprisonment of not less than one month
probation, the final subsidiary and one day and/or a fine of not less than
discharge will imprisonment, Two Hundred Pesos.
serve as a bar for when his means
(d) who have been once on probation
serving any allow him to do so,
under the provisions of this Decree; and
imprisonment or the convict will be
payment of the obligated to pay (e) who are already serving sentence at
fine. the fine after his the time the substantive provisions of this
release. Such is Decree became applicable pursuant to
not extinguished Section 33 hereof."
upon the service ADDITIONAL:
of (f) those who have perfected an appeal;
imprisonment. (g) R.A. 9165, Section 24; those
convicted are barred from applying for
Civil Liability: The grant of probation probation.
does not extinguish the civil liability (h) those entitled to the benefits under the
(Budlong v. Apalisok) provisions of PD 603, known as the Child
and Youth Welfare Code, and similar laws;
Section 8: Probation shall be denied if
the court finds that:
Note: If you are not disqualified under Grant of privilege must Mandatory; application
Section 9, you can still be disqualified be applied for is not necessary
under Section 8.
***Indeterminate Sentence Law***
Probationable Penalties: [Act No. 4103 as amended by Act No.
4225]
a. The penalty imposed (not Section 1.
prescribed by the Court) is NOT Maximum Periodall the attending
exceeding 6 years; until Prision circumstances [mitigating/aggravating]
Correccional only. are applied in order to arrive at the
b. Probation can only be availed maximum period.
once; Minimum Periodthis shall be within the
c. Probation does not apply range of the penalty next lower to that
retroactively. It is prospective in prescribed by the Code. The full range of
application. the penalty next lower will be considered.
The ISL applies to special laws. The
G.R. No. 86561 November 10, 1992 maximum and minimum are provided by
PABLO BERNARDO vs. THE the special law. The Court may impose a
HONORABLE BALAGOT (Bernardo v. penalty within that range.
Balagot)
Probation is a mere privilege and its Example: RA 3019 (Anti-Graft and
grant rests upon the discretion of the Corruption Law). 5 years and 1 month to
court. Even if a convicted person is 15. So the Court can impose minimum 6
not included in the list of offenders years, maximum will be 15 years.
disqualified from the benefits of the
decree, the grant of probation is Application: For a crime of homicide
nevertheless not automatic or without any attending circumstances, for
ministerial. The court should, before the maximum the Judge can choose
granting probation, consider the anywhere in the period of RT-Medium
potentiality of the offender to reform, [max, med, min]. For the minimum period,
together with the demands of justice and the Judge can choose anywhere between
public interest, along with other relevant the range of Prision Mayor [max, med,
circumstances. In the case at bar, as the min].
municipal judge noted, the petitioner
represented that he had earlier filed his Purpose of Minimum: Parole. Once the
application for probation when he had not convict has served the minimum sentence
done so in fact. he is eligible for parole. This is a partial
extinction of liability.
PROBATION PAROLE
Sentence is not more Sentence must be moreThe basic purpose of the ISL is to uplift
than 6 years than 1 year and redeem valuable human material,
and prevent unnecessary and
applies to penalty of applies to penalty of
excessive deprivation of personal
imprisonment or fine imprisonment only
liberty and economic usefulness.
Sentence is suspended Imprisonment is
(People v. Ducosin)
suspended only
Violation of condition: Violation of condition:
Section 2: The ISL shall not apply to:
entire sentence shall be unexpired portion shall
a. Those persons convicted of
served be served
offenses punished by death penalty
Appeal forecloses right Appeal has no effect on or life-imprisonment [Indivisible
thereto operation penalty]
Can be availed only Can be availed every
once time as long asIt is the penalty imposed which is
offender is notconsidered, and not the penalty provided
disqualified by law:
 (1) Accused, minor, was charged with
Reclusion Perpetua. Upon
application of Article 69, his
sentence is lowered by one degree
due to a privileged mitigating
circumstance of minority. The
penalty now imposed is reclusion
temporal; wherein the ISL can now
be applied. (People v. Cemfron)
(2) The accused was found guilty of
murder, punishable with RP to
death. This penalty was reduced to
RT, so he was given the benefit of
the ISL. It is the penalty imposed
that is considered. The law says
punished, not punishable. (People
v. Garin)
Under R.A. 9346; convicts which are given
reclusion perpetua; will not be eligible for
parole [ISL].
Destierro has 6 months and 1 day
[minimum]. The ISL does not apply to
destierro.
h. Those sentenced by final judgment
at the time of the approval of this
Act. [NO retroactive application.]
One of the conditions was not to commit
any other crime and to conduct himself in
an orderly manner. Two years after the
grant of parole, a case of adultery was
filed against him but it was dismissed
because of the non-appearance of the
complainant. However, the board of
Indeterminate Sentence, after
investigation, recommended to the
President, the arrest and recommitment of
Tesoro. Now he contended that conviction
was necessary before he could be
adjudged as violating his conditional
parole.

b. Those convicted of misprision of Held: the determination of the violation of

treason, rebellion, sedition or the conditional parole rests exclusively in
espionage. [Political crimes] the sound judgment of the Chief
c. Those who are habitual Executive, the courts will not interfere, by
delinquents. way of review, with any of his findings.
(Tesoro v. Director of Prisons)
They cannot avail of parole.
The ISL is applicable to recidivists [for the Parole Pardon
first time] Conditional release Remission of the
of a prisoner [with penalty imposed
Although recidivists, appellants Suyo an unexpired upon a defendant
and Brillantes are not habitual sentence] or with all the
delinquents. They are entitled to an suspension of his accessories
indeterminate sentence. (People v. sentence; without appurtenant
Jaranilla) remitting the thereto.
penalty imposed
Imposition of penalty for a felony upon him.
committed by a habitual delinquent: Eligible; after No service of
Rule 1: ISL is not applicable; serving the sentence required
Rule 2: Rules for the application of the minimum
penalties are applicable to the imposition Granted upon Granted by the
of the principal and additional penalty. restrictions under President
Section 2 regardless the
d. Those convicted of piracy; nature of the
e. Those shall have escaped from gravity of the
confinement or evaded sentence penalty
[fugitive from justice]; Power is statutory Power is
f. Those who violated the conditional constitutional
pardon;
g. Those whose maximum term of
imprisonment does not exceed 1 ***Civil Liability***
year.
Art. 100 Every person criminally liable
for a felony is also civilly liable.
A civil liability is deemed instituted along
the criminal liability.
Civil liability may exist, although the
accused is not held criminally liable:
1. Acquittal on reasonable doubt
no need for separate action for
civil case, because the accused has
been afforded due process.
2. Acquittal from a cause of
nonimputabilitythose imbecile,
insane person, and minor acting
without discernment does not
absolve them from civil liability
3. Acquittal in the criminal action
for negligencebased on a quasi-
delict
4. When there is only civil
responsibility
5. Independent civil actions
Other cases:
1. The acquittal on the ground that
the accused in not the author of
the act or omission complained of
then there is no civil liability.
2. Acquittal based on reasonable
doubt on the guilt of the accused
then the offender is not exempt
from civil liability, which liability
may be proved by preponderance
of evidence. (Manatan v. CA)
1. The acquittal is based on
reasonable doubt as only
preponderance of evidence is
required
2. Where the court declared that the
liability of the accused is only civil
3. Where the civil liability of the
accused does not arise from or is
not based upon the crime of which
the accused was acquitted.
(Salazar v. People)
Criminal Procedure
GR: The civil action is deemed instituted
with the criminal action.
XPN:
a. Offended party waives the civil
action;
b. Reserves the right to institute it
separately [when one reserves the
right, you lose the right to
intervene in the prosecution. The
criminal case being between the
offender and the State. Apellant no
longer has any standing in the
case];
c. Institutes the civil action prior the
criminal action [Pre-judicial
question]
SC said: Corollarily, an act or omission
causing damage to another may give rise
to two separate civil liabilities on the part
of the offender, i.e., 1) civil liability ex
delicto; and 2) independent civil liabilities,
such as those (a) not arising from an act
or omission complained of as felony (e.g.,
culpa contractual or obligations arising
from law; the intentional torts; and culpa
aquiliana); or (b) where the injured party is
granted a right to file an action
independent and distinct from the criminal
action. Either of these two possible
liabilities may be enforced against the
offender.
Judgment in the civil case already
promulgated cannot be suspended by the
filing of criminal action. If the civil case
arrives at a final judgment, then the
institution of a criminal actions is NOT a
bar.
The rule that a civil action shall be
suspended until final judgment is rendered
in criminal case [Section 2(a) of Rule 111],
applies when the civil action arises from
the offense charged in the criminal case.
An independent civil action may be
brought by the injured party during the
pendency of the criminal case, provided
the right is reserved.
Art. 101 Rules regarding civil liability
in certain cases.
Article 11. Justifying circumstances. - The
following do not incur any criminal
liability:
xxx 4. Any person who, in order to avoid
an evil or injury, does an act which causes
damage to another, provided that the
following requisites are present;
First. That the evil sought to be avoided
actually exists;
Second. That the injury feared be greater
than that done to avoid it;
Third. That there be no other practical and
less harmful means of preventing it. Xxx
Article 12. Circumstances which exempt
from criminal liability. - the following are
exempt from criminal liability:
1. An imbecile or an insane person, unless
the latter has acted during a lucid
interval
2. A person under nine years of age.
3. A person over nine years of age and
under fifteen, unless he has acted with
discernment, in which case, such minor
shall be proceeded against in accordance
with the provisions of Art. 80 of this
Code
5. Any person who act under the
compulsion of irresistible force.
6. Any person who acts under the impulse
of an uncontrollable fear of an equal or
greater injury.
Article 12(1,2&3)
Offender: imbecile or insane person, and
by a person under nine years of age, or by
one over nine but under fifteen years of
age, who has acted without discernment,
Civil liability shall devolve upon:
1. Those having such person under their
legal authority or control, unless it
appears that there was no fault or
negligence on their part.
2. Should there be no person having such
insane, imbecile or minor under his
authority, legal guardianship or control, or
if such person be insolvent, said insane,
imbecile, or minor shall respond with their
own property, excepting property exempt
from execution, in accordance with the
civil law.
Take note however that Article 12(2 & 3) is
affected by R.A. 9344, specifically Section
6 which provides:
SEC. 6. Minimum Age of Criminal
Responsibility. - A child fifteen (15) years
of age or under at the time of the
commission of the offense shall be exempt
from criminal liability. However, the child
shall be subjected to an intervention
program pursuant to Section 20 of this
Act.
A child above fifteen (15) years but below
eighteen (18) years of age shall likewise
be exempt from criminal liability and be
subjected to an intervention program,
unless he/she has acted with discernment,
in which case, such child shall be
subjected to the appropriate proceedings
in accordance with this Act.
The exemption from criminal liability
herein established does not include
exemption from civil liability, which
shall be enforced in accordance with
existing laws.
Article 11(4)
Offender: the persons for whose benefit
the harm has been prevented.
Civil liability shall devolve upon: the
persons for whose benefit the harm has
been prevented shall be civilly liable in
proportion to the benefit which they may
have received.
Article 12(5&6)
Civil liability shall devolve upon:
1. Primarily, the persons using violence or
causing the fears.
2. Secondarily, or if there be no such
persons (person using violence or causing
the fears), those doing the act shall be
liable, saving always to the latter that part
of their property exempt from execution.
Art. 102 In default of the persons
criminally liable, innkeepers, tavern
keepers, and any other persons or
corporations shall be civilly liable for
crimes committed in their
establishments, in all cases where a
violation of municipal ordinances or
some general or special police
regulations shall have been
committed by them or their
employees.
Elements under Paragraph 1:
1. That the innkeeper, tavern keeper
or proprietor of establishment or
his employee committed a violation
of municipal ordinance or some
general or special police regulation;
 2. That a crime is committed in such
inn, tavern, or establishment;
3. That the persons principally
criminally liable is insolvent.
In this case the tavern keeper xxx, is
responsible for the civil liability.
Innkeepers are also subsidiarily liable
for the restitution of goods taken by
robbery or theft within their houses
from guests lodging therein, or for
the payment of the value thereof,
provided that such guests shall have
notified in advance the innkeeper
himself, or the person representing
him, of the deposit of such goods
within the inn; and shall furthermore
have followed the directions which
such innkeeper or his representative
may have given them with respect to
the care of and vigilance over such
goods. No liability shall attach in case
of robbery with violence against or
intimidation of person unless
committed by the innkeepers
employees.
Elements under Paragraph 2:
1. The guests notified in advance the
innkeepers or the person
representing him of the deposit of
their goods within the inn or house;
2. The guests followed the directions
of the innkeeper or his
representative with respect to the
care of and vigilance over such
goods.
3. Such goods of the guests lodging
therein were taken by robbery with
force upon things or theft
committed within the inn or house.
XPN: Robbery with violence or
intimidation of a person;
XPN to XPN: When such robbery was
done by the innkeepers employees.
The actual delivery is not necessary, it is
enough that they were within the in. (De
los Santos v. Tam Khey)
Art. 103 The subsidiary liability
established in the next preceding
article shall also apply to employers,
teachers, persons, and corporations
engaged in any kind of industry for
felonies committed by their servants,
pupils, workmen, apprentices, or
employees in the discharge of their
duties.
1. That the employer, teacher, or
person or corporation is engaged in
any kind of industry.
2. Any of their servants, pupils,
workmen, apprentices or
employees commits a felony while
in the discharge of his duties.
3. The said employee is insolvent and
has not satisfied his liability.
Condition sine qua non: After conviction
of the employee.
Industryit is one wherein labor and
capital are habitually employed for the
purpose of gain.
The liability of the employer is deemed
imposed by operation of the law. The trial
court need not expressly pronounce the
subsidiary liability of the employer.
(Alvarez v. CA)
The decision convicting an employee in a
criminal case is binding and conclusive
upon the employer not only with regard to
the formers civil liability, but also with
regard to its amount. The liability of the
employer cannot be separated from that
of the employee. (Yusay v. Adil)
Cases:
1. Pangonorom vs. People (GR No. 11443,
April 11, 2005) Held: The provisions of the
RPC (under Art. 102 and 103) are deemed
written into the judgments in case to
which they are applicable. Thus, in the
disposition portions of its decision, the
trial court need not expressly
pronounce the subsidiary liability of the
employer. Only after proof of accused-
employees insolvency may subsidiary
liability of this employer is enforced.
2. Yonaha vs. CA (March 1996) Facts:
Elmer Ouano was charged with Reckless
Imprudence resulting to Homicide. He was
convicted after he entered a plea of guilt.
A writ of execution was issued by the court
but was returned as the accused
manifested his inability to pay the civil
liability. A motion for subsidiary execution
was filed against petitioner. Petitioner filed
a motion to stay and recall the subsidiary
writ of execution principally anchored on
the lack of prior notice to her and on the
fact that the employers liability had yet to
be established. The court denied his
motion.
Issue: Is the employer subsidiarily liable?
Held: But execution against the employer
must no issue as just a matter of course. It
behooves the court, as measure of due
process to the employer, to determine and
process to the employer, to determine and
resolve a priori, in a hearing set for the
purpose, the legal applicability and
propriety of the employers liability. The
requirement is mandatory even when it
appears prima facie that execution against
the employee cannot be satisfied.
3. Phil. Rabbit Bus Lines vs. Heirs of
Mangawaf, et al. (May 16, 2005) Facts:
Ernesto Ancheta, an employee of Phil
Rabbit was charged with Reckless
Imprudence resulting to Homicide.
Ancheta was convicted. He appealed the
judgment but his appeal was dismissed
when he failed to file his brief. The
judgment became final. Phil. Rabbit filed a
notice of appeal but the court denied it on
the ground that the judgment had long
become final and executory. Phil. Rabbit
contended that it could not have filed the
notice earlier as it was not served a copy
of the judgment. The court eventually
granted his motion.
1st Issue: Should the appeal of Phil. Rabbit
be entertained?
Held: No. The petitioner, as the employer
of the said accused had no right to appeal
from the said decision, because, in the
first place, it was not a party in the said
case. While the subsidiary liability
provided for by Art. 102 and 103 of the
RPC may render the petitioner a party in
substance and, in effect, it is not, for this
reason, entitled to be furnished a copy of
the decision of the RTC, as well as the
resolution and decision of the CA.
2nd Issue: Was petitioner denied of due
process when it was not allowed to
question the civil liability of the accused?
Held: No. The right of the petitioner as the
employer of the accused to due process
occurs during the hearing of the motion
for the issues of an alias writ of execution
issued by the court for the enforcement of
its decision on the civil liability of the
accused was not satisfied because of the
latters insolvency, the sheriff being
unable to locate any property in the name
of the accused. Such return is prima facie
evidence of the insolvency of the accused.
Take note of this however:
It is the concern of the employer, as well
as of his employee to see to it that his
interest be protected in a criminal case by
taking virtual participation in the defense
of his employee. He cannot leave him to
his own fate because of his indifference or
inaction the employee is convicted and
damages are awarded against him, he
cannot later on be heard to complain, if
brought to court for the enforcement of his
subsidiary liability that he was not given
his day in court. [Employer has the right to
take part in the defense of his employee;
in order to protect his rights]
Art. 104. What is included in civil
liability. The
civil liability established in Articles
100, 101, 102, and 103 of this Code
includes:
a. Restitution;
b. Reparation of the damage
caused;
c. Indemnification for
consequential damages.
Art. 105 The restitution of the thing
itself must be made whenever
possible, with allowance for any
deterioration or diminution of value
as determined by court.
The thing itself shall be restored,
even though it be found in the
possession of a third person who has
acquired it by lawful means, saving to
the latter his action against the
proper person who maybe liable to
him.
This provision is not applicable in
cases in which the thing has been
acquired by the third person in the
manner and under the requirements
which, by law, bar an action for its
recovery.
First Rule: Restitution along with
allowance for deterioration or diminution;
Restitution must be ordered after the final
judgment.
XPN: The last paragraph of Article 104
provides that there are cases when there
can be no restitution [the owner must
reimburse the price paid therefor]:
1. where the property was purchase
in good faith at the public sale
Art. 559 of the Civil Code
2. where a land covered by Torrens
title purchased in good faith (PD
1529)
3. property purchased in stores or
public markets - Art. 1502 of the
Civil Code
Must be acquired:
a. at public sale;
b. in good faith
When the liability to return a thing arises
from contract, not from a criminal act, the
court cannot order its return in the
criminal case.
Restitution may be ordered, even if
accused is acquitted, provided the offense
is proved and it is shown that the thing
belongs to somebody else.
GR: If the accused is acquitted, the court
should not order the return of the property
to its alleged owner.
XPN: If the item was stolen and was
shown to be in possession of another. The
offense was proved, but no the identity of
the owner.
The Court has authority to order the
reinstatement of the accused acquitted of
a crime punishable by the penalty of
perpetual or temporary disqualification.
Art.106 Reparation; How made. The
court shall determine the amount of
damage, taking into consideration
the price of the thing, whenever
possible, and its special sentimental
value to the injured party, and
reparation shall be made accordingly.
Reparation only applies in case of inability
to return the property.
The civil damages which may be
recovered in criminal action are limited to
consequential damage caused by and
flowing from the commission of the crime
of which the accused is convicted.
Payment by the insurance company does
not relieve the offender of his obligation to
repair the damage caused.
Art. 107 Indemnification of
consequential damages shall include
not only those caused by the injured
party, but also those suffered by his
family or by a third person by reason
of the crime.
a. Civil indemnity ex delicto - award
without need of further proof than the
fact of commission of the felony itself
- Death of victim: award of P50,000
- Death which justify the imposition
of death penalty: award P75,000
- Rape: award of P50,000
- Rape with homicide/qualified rape:
award of P125,000 (People vs.
Felixminia GR No. 125333, March
20, 2002)
b. Actual damages
- Include funeral, burial and medical
expenses
- Includes loss of income
Loss of income is computed as follows
(formally adopted in the American
Combined Experience Table of Mortality):
Life expectancy = 2/3 x (80 + age at
death)
Rate of loss = Life expectancy x Net
earnings of the deceased
In the absence of proof, living expenses is
estimated to be 50% of the gross annual
income.
Note that the compensation is for loss of
earning capacity, so it is not required that
the victim should have been employed at
the time of death. The viewpoint is He
could have earned. So even if the one
who died is still a student, there can still
be an award for loss of earning capacity. In
Cariaga vs. Laguna Tayabas Bus Company,
the SC awarded to the heirs of the victim a
sum representing loss of his earning
capacity although he was still a medical
student at the time of the injury. However,
the award was not without basis for the
victim was then a fourth year medical
student at a reputable school; his
scholastic record, which was presented at
the trial, justified an assumption that he
would have been able to finish his course
and pass the board in due time.
c. Moral damages for physical
sufferings, mental anguish, fright,
serious anxiety, besmirched
reputation, wounded feelings, moral
shock, social humiliation and similar
injury
What are the damages recoverable if the
victim died? That is provided in the case of
Heirs of Castro vs. Bustos, February 28,
1969:
1. Civil indemnity ex delicto;
2. Indemnity for loss of earning
capacity of the deceased;
3. Actual damages must be proved;
4. Moral damages for mental anguish;
5. Exemplary damages when the
crime is attended by 1 or more
aggravating circumstances;
6. Attorneys fees and expenses of
litigation;
7. Interests in the proper cases.
One interesting case is Copiaco vs. Luzon
Brokerage -
The chauffeur of the defendant through
reckless imprudence bumped a carretela
resulting to the death of 4. Now the
defendant contends that, at the most, it
should have been sentenced to pay the
total sum of P1,500, at the rate of P500
for each family of the deceased. The
argument is based upon the language of
the judgment rendered in the criminal
case wherein the court sentenced the
accused to pay, by way of indemnity, P500
to each family of victims. It is true that
there are only three families, because the
deceased Delfin Copiaco and Fidel
Copiaco are both children of the spouses
Alfredo Copiaco and Nieves Alarcon.
However, we do not believe that the court
committed the error assigned. Article 107
of the Revised Penal Code provides that
the indemnization for damages includes
not only those caused the injured party
but also those suffered by his family or by
a third person. In the present case it is
undoubted that the family or the heirs of
the deceased Delfin Copiaco and Fidel
Copiaco have suffered double damage by
reason of the death of their two children,
with the consequence that it is just to
indemnity them in the same measure for
the death of each of the two members of
the family.
Also take note that contributory
negligence by the offended party (victim)
reduces the civil liability of the offender.
Art. 108 The obligation to make
restoration or reparation for damages
and indemnification for consequential
damages devolves upon the heirs of
the person liable.
The action to demand restoration,
reparation and indemnification
likewise descends to the heirs of the
person injured.
The heirs of the person liable has no
obligation if restoration is not possible and
the deceased left no property.
Civil liability is possible only when the
offender dies after final judgment.
Art. 109 If there are two or more
persons civilly liable for a felony, the
courts shall determine the amount for
which each must respond.
Art. 110 Notwithstanding the
provisions of the next preceding
article, the principals, accomplices,
and accessories, each within their
respective class, shall be liable
severally among themselves for their
quotas, and subsidiarily for those of
the other persons liable.
The subsidiary liability shall be
enforced, first against the property of
the principals; next, against that of
the accomplices; and lastly, against
that of the accessories.
Whenever the liability in solidum or
the subsidiary liability has been
enforced, the person by whom
payment has been made shall have a
right of action against the others for
the amount of their respective
shares.
A. Severally liable the principals,
accomplice and accessories each
within their respective class, shall be
liable severally for their quotas,
depending on the judgment;
B. Subsidiarily liable the principal,
accomplices and accessories each of
their respective class, shall be
subsidiarily liable for quotas of the
other person liable.
Art.111 Obligation to make
restitution in certain cases. - Any
person who has participated
gratuitously in the proceeds of a
felony shall be bound to make
restitution in an amount equivalent
to the extent of such participation.
The person who participated is not
criminally liable. He had no knowledge,
therefore he must not be an accessory.
This article has reference to a case of an
innocent person who has participated in
the proceeds of a felony through the
liberality of the offender. In other words,
he should not have paid for the stolen
property which he received from the
offender.
The fortune of the innocent person must
be augmented by his participation in the
proceeds of the crime.
Art. 112 Civil liability established in
Articles 100, 101, 102, and 103 of this
Code shall be extinguished in the
same manner as other obligations, in
accordance with the provisions of the
Civil Law.
Civil liability, extinguish:
1. By the payment or performance;
2. By the loss of the thing due if
determinate;
3. By the condonation or remission of
the debt;
4. By the confusion or merger of the
rights of creditor and debtor;
5. By compensation;
6. By novation
Offender is civilly liable even if stolen
property is lost by reason of force majeure
if indeterminate (fortuitous event)
Art.113. Obligation to satisfy civil
liability. - Except in case of extinction
of his civil liability as provided in the
next preceding article the offender
shall continue to be obliged to satisfy
the civil liability resulting from the
crime committed by him,
notwithstanding the fact that he has
served his sentence consisting of
deprivation of liberty or other rights,
or has not been required to serve the
same by reason of amnesty, pardon,
commutation of sentence or any
other reason.
***END***