Jose Maria College
College of Law
CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd.
Article 14. AGGRAVATING CIRCUMSTANCES
o KINDS of Aggravating Circumstances:
1) GENERIC
2) SPECIFIC
3) QUALIFYING
4) INHERENT
5) SPECIAL
o What are the distinctions between Generic aggravating
and Qualifying circumstances?
SEE: RA No. 9165 or COMPREHENSIVE DANGEROUS
DRUGS ACTS OF 2002, as Qualifying Aggravating
Circumstance
Cases:
- People vs Costales, GR No. 141154-56, January 15, 2002
- People vs. De Leon, GR No. 179943, June 26, 2009
- Sombilon vs. PP, G.R. No. 175528, September 30, 2009
- People vs. Dadulla, G. R. No. 172321, February 9, 2011
PAR. 1. THAT ADVANTAGE BE TAKEN BY THE
OFFENDER OF HIS PUBLIC POSITION
Cases:
- People vs. Mandolado, G.R. No. L-51304, June 28, 1983
- People vs. Gapasin, G.R. No. 73489, April 25, 1994
- People vs Villa, GR No. 129899, April 27, 2000
- PP vs. Villamor, GR No. 140407-08, January 15, 2002
- People vs. Fallorina, G.R. No. 137347, March 4, 2004
PAR. 2. THAT THE CRIME BE COMMITTED IN
CONTEMPT OF OR WITH INSULT TO THE PUBLIC
AUTHORITIES
Who is a Person in authority?
Is it necessary that the offender has knowledge that
the public authority is present?
Cases:
- People vs. Rodil, G.R. No. L-35156, November 20, 1981
PAR. 3. WITH INSULT OR LACK OR REGARD DUE TO
OFFENDED PARTY BY REASON OF RANK, AGE, OR SEX,
DWELLING
Rank of the offended party- Designation or title used to
fix the relative position of the offended party in
reference to others. There must be a difference in the
social condition of the offender and the offended
party.
Age of the offended party- May refer to old age or
tender age of the victim.
Sex of the offended party- This refers to the female
sex, not to the male sex.
Dwelling (Morada)- Building or structure, exclusively
used for rest and comfort.
Cases:
- People vs Santos, GR No. L-4189, May 21, 1952
- People vs Daniel, G.R. No. L-40330 November 20, 1978
- People vs. Rodil, G.R. No. L-35156, November 20, 1981
- People v. Tao, G.R. No. 133872. May 5, 2000
- People vs. Reyes, G.R. No. 153119, April 13, 2004
- People vs. Evangelio, G.R. No. 181902, August 31, 2011
6
PAR. 4. THAT THE ACT BE COMMITTED WITH ABUSE OF
CONFIDENCE OR OBVIOUS UNGRATEFULNESS
Cases:
- People vs. Caliso, G.R. No. 37271, July 1, 1933
- People vs. Lora, G.R. No. L-49430, March 30, 1982
- People vs Mandolado, G.R. No. L-51304-05, June 28, 1983
- People v. Arrojado, G.R. No. 130492. January 31, 2001
PAR. 5. THAT THE CRIME BE COMMITTED IN THE
PALACE OF THE CHIEF EXECUTIVE OR IN HIS PRESENCE,
OR WHERE PUBLIC AUTHORITIES ARE ENGAGED IN THE
DISCHARGE OF THEIR DUTIES, OR IN A PLACE
DEDICATED TO RELIGIOUS WORSHIP
o Distinctions between par. 5 and par. 2
Cases:
- People vs Jaurigue, C.A. No. 384, February 21, 1946
PAR. 6. THAT THE CRIME BE COMMITTED IN THE NIGHT
TIME, OR IN AN UNINHABITED PLACE (DESPOBLADO),
OR BY A BAND
Cases:
-People vs. Laguardia GR No. L-63423, February 27, 1987
-People vs Marra, G.R. No. 108494, September 20, 1994
-People vs Desalisa, G.R. No. 95262 January 4, 1994
-People v. Librando, G.R. No. 132251. July 6, 2000
-People vs. Ventura, G.R. No. 148145-46, July 5, 2004
SEE:
Article 62, RPC (ORGANIZED/SYNDICATED CRIME GROUP)
PD 1866, as amended by R.A. No. 8294
Section 29 of R.A. No. 10591 [USE OF UNLICENSED FIREARM
AND EXPLOSIVES]
Cases:
- People vs Walpan Ladjaamlam, GR No. 136149-51,
September 19, 2000
- People vs Avecilla, GR No. 117033, February 15, 2001
- People vs Agcanas, GR No. 174476, October 11, 2011
PAR. 7. THAT THE CRIME BE COMMITTED ON THE
OCCASION OF A CONFLAGRATION, SHIPWRECK,
EARTHQUAKE, EPIDEMIC OR OTHER CALAMITY OR
MISFORTUNE
PAR. 8. THAT THE CRIME BE COMMITTED WITH THE AID
OF ARMED MEN, OR PERSONS WHO INSURE OR AFFORD
IMPUNITY
Distinctions of Par. 6: By a Band and Par. 8: With Aid
of Armed Men
Case:
- People vs. Lozano, GR Nos. 137370-71, September 29, 2003
- People vs. Carino, G.R. No. 131117, June 15, 2004
- People vs. Enoja, GR No. 204894, March 10, 2014
PAR. 9. THAT THE ACCUSED IS A RECIDIVIST
(REINCIDENCIA)
RPC, Articles 160
PAR. 10. REITERACION OR HABITUALITY
RPC, Articles 62(5) & 160
Par. 9: Recidivism vs. Par. 10: Reiteracion
 Jose Maria College
College of Law
CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd.
PAR. 11. THAT THE CRIME BE COMMITTED IN
CONSIDERATION OF A PRICE, REWARD, OR PROMISE
Case:
- U.S. v. Gamao, G.R. No. L-6942, August 30, 1912
PAR. 12. INUNDATION, FIRE, POISON
PAR. 13. THAT THE ACT BE COMMITTED WITH EVIDENT
PREMEDITATION
What is the essence of premeditation?
What is the rule in appreciating evident premeditation
in error in personae and aberratio ictus?
o GR: Evident premeditation is not appreciated in error
in personae and aberratio ictus.
o XPNs:
1. When there is no particular intended victim or
particular person to kill.
2. Where the victim belonged to the same class or
family designated by the accused.
Does conspiracy presuppose premeditation?
Cases:
- People vs. Lug-aw, G.R. No. 85735. January 18, 1994
- People vs Ilao-a, G.R. No. 94308, June 16, 1994
- People vs. Zeta, G.R. No. 178541, March 27, 2008
- People vs. Falabrica, GR No. 188124, June 29, 2010
- People vs. Sanchez, G.R. No. 188610, June 29, 2010
- People v. Gabrino, G.R. No. 189981, March 9, 2011
- PP vs. Alinao, GR No. 191256, September 18, 2013
- PP vs. Sabangan, GR No. 191722, December 11, 2013
PAR. 14. THAT CRAFT, FRAUD OR DISGUISE BE
EMPLOYED
Cases:
- People vs. Marquez, 117 SCRA 165 (1982)
- People vs. Empacis, 222 SCRA 59 (1994)
- People v. Labuguen G.R. No. 127849. August 9, 2000
PAR. 15. THAT ADVANTAGE BE TAKEN OF SUPERIOR
STRENGTH, OR MEANS BE EMPLOYED TO WEAKEN THE
DEFENSE
How is abuse of superiority determined?
Cases:
- People vs. Cabato, 160 SCRA 98 (1988)
- People vs. Ruelan, 231 SCRA 650 (1994)
- People vs Padilla. 233 SCRA 46 (1994)
- People v. Sansaet, G. R. No. 139330. February 6, 2002
- PP vs. De Jesus, GR No. 186528, January 26, 2011
- People v. Laog, G.R. No. 178321, October 5, 2011
- People v. Salcedo, G.R. No. 178272, March 14, 2011
- People vs. Paling, G.R. No. 185390, March 16, 2011
- Fantastico & Villanueva vs. Malicse, Sr. & People G.R. No.
190912 January 12, 2015
PAR. 16. THAT THE ACT BE COMMITTED WITH
TREACHERY (ALEVOSIA)
What is the essence of treachery?
What are the rules regarding treachery?
Does a frontal attack negate the presence of treachery?
7
What are those instances that may be absorbed by
treachery?
Can treachery co-exist with passion or obfuscation?
Cases:
- People vs Jose, GR No. 130666, January 31, 2000
- People vs Pansensoy, GR No. 140634, September 12, 2002
- People vs. Villacorta, G.R. No. 186412, September 7, 2011
- People vs Yanson, GR No. 179195, October 3, 2011
- People vs. Agacer, G.R. No. 177751, December 14, 2011
- People vs Nelmida, GR No. 184500, September 11, 2012
- People vs. Aquino G.R. No. 201092 January 15, 2014
- People vs. Gunda, G.R. No. 195525, February 5, 2014
- People vs. Feliciano, G.R. No. 196735 May 5, 2014
- People vs Matibag G.R. No. 206381 March 15, 2015
PAR. 17. IGNOMINY
Is there ignominy when a man is killed in the presence
of his wife?
Cases:
- People vs. Jose, et. al, 37 SCRA 450 (1971)
- People v. Bumidang G.R. No. 130630. December 4, 2000
- PP vs. Cachola, GR Nos. 148712-15, January 21, 2004
PAR. 18. THAT THE CRIME BE COMMITTED AFTER AN
UNLAWFUL ENTRY.
Cases:
- People vs. Baello, 224 SCRA 218 (1993)
PAR. 19. THAT AS A MEANS TO THE COMMISSION OF
THE CRIME, A WALL, ROOF, FLOOR, DOOR OR WINDOW
BE BROKEN
Distinctions between BREAKING WALL and UNLAWFUL
ENTRY
PAR. 20. THAT THE CRIME BE COMMITTED WITH THE
AID OF PERSONS UNDER FIFTEEN YEARS OF AGE OR BY
MEANS OF MOTOR VEHICLES, ETC.
PAR. 21. CRUELTY
Ignominy vs. Cruelty
Cases:
- People vs. Ilao-a, 233 SCRA 231 (1994)
- People v. Catian G.R. No. 139693. January 24, 2002
- People v. Guerrero G.R. No. 134759. September 19, 2002
- Simangan vs. People, G.R. No. 157984. July 8, 2004
Article 15. ALTERNATIVE CIRCUMSTANCES
Define Alternative Circumstances
What is the basis of Alternative circumstances?
Cases:
- People vs. Orilla, GR Nos. 148939-40, February 13, 2004
RELATIONSHIP
When is relationship taken into consideration?
Cases:
- People v. Atop G.R. Nos. 124303-05. February 10, 1998
- People v. Marcos G.R. No. 132392. January 18, 2001
 Jose Maria College
College of Law

CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd.

INTOXICATION Article 16. PERSONS CRIMINALLY LIABLE

SEE:
Article 17. PRINCIPALS
R.A. No. 10586 An Act Penalizing Persons Driving
o What are the different classifications of criminal
Under the Influence of Alcohol, Dangerous Drugs and
responsibility?
Similar Substances
1. Individual criminal responsibility
R.A. No. 9262 Anti-Violence Against Women and
2. Quasi - collective criminal responsibility
Their Children Act of 2004, Section 27
3. Collective criminal responsibility
o When is Intoxication considered mitigating?
o KINDS OF PRINCIPALS
o When is Intoxication considered Aggravating?
By Direct Participation
o Person considered as Habitual Drunkard
By Inducement/ Induction
o Basis of whether intoxication is mitigating or not
By Indispensable Cooperation
o When shall being under the influence of alchohol not be a
defense?
o What are the distinctions between principal by inducement
from the offender who made proposal to commit a felony?
Cases:
- People vs. Camano, GR No L-36662-63, July 30, 1982
Cases:
- People vs. Renejane, 158 SCRA 258 (1998)
- People vs Quillosa, GR No. 115867, February 17, 2000
- People vs Tambis, GR No. 124452, July 28, 1999
- People vs. Janjalani, GR No. 188314, January 10, 2011
- People vs. Fontillas, GR No. 184177, December 15, 2010
- Guillergan vs. People, GR No. 185493, February 2, 2011
- People vs. Patelan, G.R. No. 182918, June 6, 2011
- Ambagan vs People, GR NO. 204481-82, October 14, 2015

DEGREE OF INSTRUCTION AND EDUCATION

Article 18. ACCOMPLICES
Lack or Low Degree of Instruction and Education vs. Distinguish between an accomplice and a conspirator.
High Degree of Instruction and Education (2007 Bar Question)

Cases:
Cases:
- People vs. Macatanda, GR No. L-51368, November 6, 1981
- People vs. Mandolado, 123 SCRA 133 (1983)
- People vs Enot, GR No. L-17530, October 30, 1962
- People vs Doctolero, 193 SCRA 632 (1991)
- People vs Lansanas, GR No. L-1622, December 2, 1948 - People vs Tamayo, GR No. 138608, September 24, 2002
- People vs. Cruz, Jr., GR No. 168446, September 18, 2009
ABSOLUTORY CAUSES - People vs. PO1 Eusebio G.R. No. 182152, February 25, 2013
What are absolutory causes? - People vs. Salvador, GR No. 201443, April 10, 2013
Are the grounds under Art. 89 ad Art. 344 of the RPC, - People vs. Gambao, GR No. 172707, October 01, 2013
absolutory causes?
Article 19. ACCESSORIES
(1) Instigation
Distinguish fully between entrapment and instigation
Cases:
in criminal law. (2003 Bar Question)
- People vs. Inovera, et.al. (65 OG 3168)
Determination of whether the act is an entrapment or
- Vio vs. People (G.R. No. 84163, October 19, 1989)
instigation.
- People vs. Ortega Jr. et.al. (G.R. No. 116736, July 24, 1997)
- People vs Talingdan, 84 SCRA 19 (1978)
Cases:
- People vs Doria, GR No. 131638-39, March 26, 2001
INSTANCES WHEN ONE BECOMES AN ACCESSORY
- People v. Pacis, G.R. No. 146309. July 18, 2002
PD 1612 vs Article 19(1) of the RPC
- People vs. Espiritu, G.R. No. 180919, January 9, 2013
Cases:
(2) Pardon
- Hizon-Pamintuan vs. People, G.R. No. 11414, July 11, 1994
- Tan vs. People, G.R. No. 134298, August 26, 1999
General rule: Pardon does not extinguish criminal action
- Francisco vs. People, G.R. No. 146584, July 12, 2004
[Article 23, RPC]
- Ong vs. People, GR No. 190475, April 10, 2013
Exception: Pardon by marriage between the accused and
the offended party in cases of SEDUCTION, ABDUCTION,
RAPE AND ACTS OF LASCIVIOUSNESS [Art. 344] SEE:
PD No. 1612 (ANTI-FENCING LAW)
(3) Other Absolutory Causes PD No. 532 (ANTI-PIRACY AND ANTI-HIGHWAY
(4) Acts not covered by law and in case of excessive ROBBERY LAW OF 1974)
punishment PD No. 1829 (OBSTRUCTION OF JUSTICE)

ABSOLUTORY CAUSE IN CRIME AGAINST PROPERTY

Cases:
- Intestate Estate of Gonzales vs. People, G.R. No. 181409,
February 11, 2010

8
 Jose Maria College
College of Law
CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd.
Article 20. ACCESSORIES EXEMPT FROM CRIMINAL
LIABILITY
o Who are the accessories exempt from criminal liability?
GR: An accessory is exempt from criminal liability, when
the principal is his:
o Spouse, Ascendant, Descendant, Legitimate,
natural, or adopted brother, sister or relative by
affinity within the same degree.
XPN: Accessory is not exempt from criminal liability even
if the principal is related to him, if such accessory:
1. Profited by the effects of the crime; or
2. Assisted the offender to profit from the effects of
the crime.
Article 21. PENALTIES WHICH MAY BE IMPOSED
o What are the penalties that may be imposed?
Article 22. RETROACTIVE EFFECT OF PENAL LAWS
GR: Criminal laws must have a prospective effect.
XPN: It may be given a retroactive effect when
favorable to the accused, although at the time of
the publication of such laws a final sentence has
been pronounced and the convict is serving the
same.
XPN to the XPN: The person guilty of a
felony must not be a habitual criminal.
Is the principle of retroactivity applicable to special laws?
When is it not applicable?
Case:
- People v. Bon, G.R. 166401, October 30, 2006
Article 23. EFFECT OF PARDON BY THE OFFENDED PARTY
Does pardon by the offended party extinguish criminal
action?
Case:
- People v. Santiago, 51 Phil. 68
Article 24. MEASURES OF PREVENTION OR SAFETY WHICH
ARE NOT CONSIDERED PENALTIES
- See Family Code, Articles 228-229
- What are the purposes for the imposition of penalty under
the RPC?
Article 25. CLASSIFICATION OF PENALTIES
o What are the general classifications of penalties?
a) PRINCIPAL PENALITIES
i. ACCORDING TO THEIR GRAVITY
Capital
Afflictive
Correctional
Light
Penalties common to afflictive, correctional
and light penalties
b) ACCESSORY PENALTIES
c) SUBSIDIARY PENALTIES
o What are the penalties that can either be principal or
accessory?
o What are the principal penalties according to their
DIVISIBILITY?
1. Indivisible
2. Divisible - can be divided into 3 periods (Minimum,
Medium, Maximum)
9
Article 26. FINE
How are fines imposed?
When is a fine considered as afflictive, correctional or light
penalty?
Can a penalty be imposed in the alternative?
E and M are convicted of a penal law that imposes a
penalty of fine or imprisonment or both fine and
imprisonment. The judge sentenced them to pay the fine,
jointly and severally, with subsidiary imprisonment in case
of insolvency. (2005 Bar Question)
Article 27. DURATION AND EFFECT OF PENALTIES
What is the duration of each of different penalties?
What are the distinctions between RECLUSION
PERPETUA and LIFE IMPRISONMENT?
What is the nature of destierro?
Case:
- People vs Uycogue, GR. No 149375, November 26, 2002
Article 28. COMPUTATION OF PENALTIES
What are the rules for the computation of penalties?
What are examples of temporary penalties?
1. Temporary absolute disqualification.
2. Temporary special disqualification.
3. Suspension.
What are accessory penalties that are inherently
attached to principal penalties?
What is the distinction between PERPETUAL absolute
disqualification and TEMPORARY absolute
disqualification?
Cases:
- People vs Formigones, 87 Phil 658 (1950)
Article 29. PREVENTIVE IMPRISONMENT
o When is there preventive imprisonment?
o How much of the time spent by offenders during a
preventive imprisonment can be credited for the service of
their sentence?
o Who are the offenders not entitled to the full time or four-
fifths of the time of preventive imprisonment?
o What if the period of the preventive imprisonment is equal
to or more than the possible maximum imprisonment of
the offense charged?
SEE:
R.A. No. 10592 An act Amending Articles 29, 94, 97, 98
and 99 of the RPC
Implementing Rules and Regulations of R.A. No. 10592
Article 30-33. EFFECTS OF PENALTIES
o What are the effects produced by the penalties of
perpetual or temporary special disqualification for public
office, profession or calling?
o What are the effects produced by the penalties of
perpetual or temporary special disqualification for the
exercise of suffrage?
o What are the effects produced by the penalties of
suspension from public office, profession or calling or the
right of suffrage?
 Jose Maria College
College of Law
CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd.
Case:
-- O.P. v. Cataquiz, G.R. No. 183445, September 14, 2011
reiterating Pagano v. Nazarro , Jr
Article 34. CIVIL INTERDICTION
What is civil interdiction?
Article 35. EFFECTS OF BOND TO KEEP THE PEACE
What is the distinction between a BOND TO KEEP THE
PEACE, a BAIL BOND, and a BOND FOR GOOD
BEHAVIOR?
Article 36. PARDON; ITS EFFECTS
What is pardon?
ABSOLUTE vs CONDITIONAL PARDON
What are the effects of pardon by the President?
LIMITATIONS UPON THE EXERCISE OF PARDONING
POWER
Pardon by the Chief Executive vs. Pardon by the
offended party
What is amnesty?
Enumerate the differences between pardon and
amnesty. (2006 Bar Question)
Case:
- Monsanto v Factoran G.R. No. 78239, February 9, 1989
Article 37. COSTS
o To whom are costs chargeable?
o Is payment of costs discretionary?
Article 38. PECUNIARY LIABILITIES
1. Reparation of damage caused
2. Indemnification of the consequential damages
3. Fine
4. Costs of proceedings
o When does this article apply?
o Can the court disregard the order of payment?
o Distinguish pecuniary penalties from pecuniary liabilities.
(2005 Bar Question)
Article 39. SUBSIDIARY PENALTY
o What is subsidiary penalty?
o When is subsidiary penalty imposed?
SEE:
R.A. No. 10159 An Act Amending Article 39 of the RPC
Case:
- Jao Yu vs People, G.R. No. 134172. September 20, 2004
- Yolanda Luy vs People, G.R. No. 200087, October 12, 2016
Article 40-44. ACCESSORY PENALTIES, PRINCIPAL
PENALTIES
o Is subsidiary imprisonment an accessory penalty?
o What are the rules as to subsidiary imprisonment?
o When is subsidiary penalty not imposed?
o Is subsidiary imprisonment applicable to violations of
special laws?
Article 45. CONFISCATION AND FORFEITURE OF THE
PROCEEDS OR INSTRUMENTS OF THE CRIME
10
o Can a 3rd person invoke the provision of Article 45 of
the RPC or Section 20 of RA 9165 to recover his
property which has been taken by authorities while
the main case is going on?
Case:
- PDEA vs Brodett, GR No. 196390, September 28, 2011
Article 46. PENALTY TO BE IMPOSED UPON PRINCIPALS IN
GENERAL
Article 47. DEATH PENALTY
R.A. No. 9346 An Act Prohibiting the Imposition of
Death Penalty
o What is the effect of R.A. 9346?
o What penalty would be imposed in lieu of the
death penalty?
R.A. No. 7659 Heinous Crimes Law
Case:
- People vs Muoz, 170 SCRA 107, February 9, 1989
Article 48. COMPLEX CRIMES
What is plurality of crimes? Kinds of plurality of crimes?
Distinguish between an ordinary complex crime and a
special complex crime as to their concepts and as to the
imposition of penalties. (2003 Bar Question)
When is there no complex crime?
Single act rule- If there is more than one death resulting
from different acts there is no compound crime of multiple
homicides or murder. Article 48 speaks of a single act.
Single purpose rule
Single criminal impulse Several acts committed by several
offenders with one criminal impulse resulting in several
deaths constitute one crime: the compound crime of
multiple homicides or murders.
KINDS OF COMPLEX CRIMES
COMPOUND CRIME (DELITO COMPUESTO)
Cases:
- People vs. Lawas, L-7618-20, June 30, 1955
- People vs. Toling, G.R. No. L-27097, January 17, 1975
- People vs. Abella, G.R. No. L-32205, August 31, 1979
- People vs. Pincalin, G.R. No. L-38755, January 22, 1981
- People vs Castomero, GR No. 118992, October 9, 1997
- People vs. Comadre, G.R. No. 153559, June 8, 2004
- People vs. Elarcosa, G.R. No. 186539, June 29, 2010
- People v. Villaflores, G.R. No. 184926, April 11, 2012
- People vs. Punzalan, G.R. No. 199892, December 10, 2012
- People vs. Nelmida, G.R. No. 184500. September 11, 2012
- People vs. Mores, GR No. 189846, June 26, 2013
- People vs. Bernardo, GR No. 198789, June 03, 2013
COMPLEX CRIME PROPER (DELITO COMPLEJO)
Cases:
- People vs. Sabredo G.R. No. 126114. May 11, 2000
- People vs Talo, G.R. No. 125542, October 25, 2000
- Intestate Estate of Manolita Gonzales vs. People, G.R. No.
181409, February 11, 2010
- People vs. Rebucan, G.R. No. 182551, July 27, 2011
 Jose Maria College
College of Law
CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd.
SPECIAL COMPLEX/ COMPOSITE CRIMES
o KIDNAPPING WITH HOMICIDE
- Old rule: (1) Where the accused kidnapped the victim
for the purpose of killing him, and he was in fact killed
by his abductor, the crime committed was the complex
crime of kidnapping with murder as the kidnapping of
the victim was a necessary means of committing the
murder. (2) Where the victim was kidnapped not for the
purpose of killing him but was subsequently slain as an
afterthought, two (2) separate crimes of kidnapping
and murder were committed.
- Present rule: Where the person kidnapped is killed in
the course of the detention, regardless of whether the
killing was purposely sought or was merely an
afterthought, the kidnapping and murder or homicide
can no longer be complexed, nor be treated as
separate crimes, but shall be punished as a special
complex crime
Cases:
- People vs. Ramos, G.R. No. 118570, October 12, 1998
- People vs. Larranaga, 138874-75, February 3, 2004
- People vs. Roxas, GR No. 172604, August 17, 2010
- People vs. Montanir, GR No. 187534, April 04, 2011
- People vs. Dionaldo, G.R. No. 207949, July 23, 2014
CONTINUED CRIME (DELITO CONTINUADO)
Foreknowledge doctrine
Cases:
- People vs. Tumlos, G.R. No. 46428, April 13, 1939
- People vs. Dela Cruz, G.R. No. L-1745, May 23, 1950
- People vs. Dichupa, G.R. No. L-16943, October 28, 1961
- Santiago vs. Garchitorena, GR No. 109266, December 2,
1993
- Ilagan vs. CA, G.R. No. 110617, December 29, 1994
- People vs. Aaron, G.R. No. 136300-02, September 24, 2002
- People vs. De Leon, GR No. 179943, June 26, 2009
- Paera vs. People, G.R. No. 181626, May 30, 2011
- People vs. Lucena, GR No. 190632, February 26, 2014
DOCTRINE OF ABSORPTION
Cases:
- People vs. Hernandez, GR Nos. 6025-26, July 18, 1956
- Enrile vs. Salazar, GR No. 92163, June 5, 1990
- Enrile vs. Armin, G.R. 93335, 189 SCRA 573
TRANSITORY CRIMES
o Section 15, Rule 110 of the Rules in Criminal Procedure
Cases:
--People vs. Cecilia Yabut, GR No. L- 42487, April 29, 1977
Article 49. PENALTY TO BE IMPOSED UPON PRINCIPALS
WHEN THE CRIME INTENDED IS DIFFERENT FROM THAT
INTENDED
Article 50-57. PENALTIES
o What are the penalties imposed on principals, accomplices,
accessories, in accordance to the stages of committing a
felony?
11
Article 58. ADDITIONAL PENALTY FOR CERTAIN
ACCESSORIES
Article 59. PENALTY FOR AN IMPOSSIBLE CRIME
Articles 60-65. RULES FOR GRADUATION OF PENALTIES
o Differentiate period from degree
o What are the rules for the application of indivisible
penalties?
o What are the rules for the application of penalties which
contain three periods?
o When is the graduated scale followed?
Case:
- People vs. Mantalaba, G.R. No. 186227, July 10, 2011
Article 66. IMPOSITION OF FINES
Article 67. PENALTY WHEN NOT ALL REQUISITES OF
EXEMPTION OF ARTICLE 12 (4TH CIRCUMSTANCES) IS NOT
PRESENT
Article 68. PRIVILEGED MITIGATING CIRCUMSTANCES
Cases:
- People vs. Quitorio, G.R. No. 116765. January 28, 1998
- People vs. Sarcia, G.R. No. 169641, September 10, 2009
- Atizado vs. People, G.R. No. 173822, October 13, 2010
- People vs. Jacinto, G.R. No. 182239, March 16, 2011
- People vs. Asia Musa, G.R. No. 199735, October 24, 2012
- People vs Ancajas, G.R. No. 199270, October 21, 2015
- People vs Deliola, G.R. No. 200157, August 31, 2016
Article 69. PENALTY WHEN THE CRIME COMMITTED IS NOT
WHOLLY EXCUSABLE
SEE: THE INDETERMINATE SENTENCE LAW (Act 4103, as
Amended by Act No. 4225)
o What are the rules in imposing a penalty under the
indeterminate sentence law?
o When does indeterminate sentence apply?
o Who are disqualified from availing the benefits of the
indeterminate sentence law?
o When is a prisoner qualified for release on parole?
o What are the sanctions for the violation of the conditions
of parole?
Article 70. SUCCESSIVE SERVICE OF SENTENCE
THREE-FOLD RULE; Application
Systems of penalties relative to 2 or more penalties
imposed on one and the same accused
o Material Accumulation system
o Juridical Accumulation system
o Absorption System
Cases:
-People vs Escares, GR No. L-11128-33, December 23, 1957
-Rodriguez vs. Director of Prisons, G.R. No. L-35386, September
28, 1972
-Mejorada vs. Sandiganbayan, GR No. L-51065-72, June 30 ,1987
- People vs. Mirto, G.R. No. 193479, October 19, 2011).
-Celestial vs. People, G.R. No. 214865, August 19, 2015
 Jose Maria College
College of Law
CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd.
Article 71. GRADUATED SCALES
Cases:
- People vs. Alfredo Bon (GR No. 166401, October 30, 2006)
- People vs. Sarcia, G.R. No. 169641, September 10, 2009
- People vs. Jacinto, G.R. No. 182239, March 16, 2011
Article 72. PREFERENCE IN THE PAYMENT OF CIVIL
LIABILITIES
Article 73. PRESUMPTION IN REGARD TO THE IMPOSITION
OF ACCESSORY OF PENALTIES
Article 74. PENALTY TO HIGHER THAN RECLUSION
PERPETUA
Article 75. INCREASING OR REDUCING THE PENALTY OF FINE
BY ONE OR MORE DEGREES
Article 76. LEGAL PERIOD OF DURATION OF POSSIBLE
PENALTIES
Article 77. COMPLEX PENALTY
Article 78. WHEN AND HOW A PENALTY IS TO BE EXECUTED
o When is a penalty executed?
o When does a judgment become final?
Article 79. SUSPENSION OF THE EXECUTION AND SERVICE OF
THE PENALTIES IN CASE OF INSANITY
Article 80. SUSPENSION OF SENTENCE OF MINORS
SEE:
PD 603, as Amended (CHILD AND YOUTH WELFARE
CODE)
R.A. 9344 (JUVENILE JUSTICE AND WELFARE LAW)
AM No. 02-1-18-SC (November 24, 2009)
Cases:
- Declarador vs. Gubaton, G.R No. 159208, August 18, 2006
- Padua vs. People, G.R. No. 168546, July 23, 2008
- People vs. Sarcia, G.R. No. 169641, September 10, 2009
- Reminedo vs. People, G.R. No. 184874, October 9, 2009
- People vs. Jacinto, G.R. No. 182239, March 16, 2011
- People vs. Salcedo, G.R. No. 186523, June 22, 2011
- People vs Ancajas, G.R. No. 199270, October 21, 2015
- People vs Deliola, G.R. No. 200157, August 31, 2016
Article 81 to 85. DEATH PENALTY
SEE:
R.A. No. 9346 - An Act Prohibiting the Imposition of
Death Penalty
Article 86. RECLUSION PERPETUA, RECLUSION TEMPORAL,
PRISION MAYOR, PRISION CORRECCIONAL AND ARRESTO
MAYOR
Article 87. DESTIERRO
Article 88. ARRESTO MENOR
Article 89. MODES OF EXTINGUISHING CRIMINAL LIABILITY
12
What are the Modes of extinguishing criminal liability?
a) Total Extinction
b) Partial Extinction
Cases:
- Monsanto vs Factoran, G.R. No. 78239, February 9, 1989
- People vs. Bayotas GR No. 152007, September 2, 1994
- Milla vs. People, G.R. No. 188726, January 25, 2012
- People v. Agacer, G.R. No. 177751, January 7, 2013
- People v. Amistoso, GR No. 201447, August 28, 2013
- Degaos vs. People, GR No. 162826, October 14, 2013
- People vs. Consorte G.R. No. 194068 November 26, 2014
- Tuano vs. People, G.R. No. 205871, September 28, 2016
Article 90. PRESCRIPTION OF CRIMES
When shall crimes prescribe?
Distinguish Prescription of crimes from prescription
of penalties.
Case:
- Reodica vs. Court of Appeals, G.R. No. 125066. July 8, 1998
Article 91. COMPUTATION OF PRESCRIPTION OF OFFENSES
How is prescription of offenses determined?
What are the situations which do not follow Art. 91?
Cases:
- People vs. Maneja, G.R. No. 47684, June 10, 1941
- Cabral vs. Puno, GR No. L-41692, April 30, 1976
- People vs. Reyes, G.R. No. 74226, July 27, 1989
- Sermonia vs. Court of Appeals, GR No 109454, June 14,
1994
- Bautista vs. Court of Appeals, G.R. No. 143375, July 6, 2001
- People vs. Pangilinan, G.R. No. 152662, June 13, 2012
SEE:
ACT NO. 3326, as Amended [PRESCRIPTION OF CRIMES,
PRESCRIPTION OF VIOLATIONS OF SPECIAL LAWS]
General rule: Prescription of the crime begins on the day
the crime was committed; Exceptions
Blameless ignorance doctrine - Generally, the prescriptive
period shall commence to run on the day the crime is
committed. An exception to this rule is the "blameless
ignorance" doctrine, incorporated in Section 2 of Act No.
3326.
INTERRUPTION OF PRESCRIPTION;
o Exceptions:
1. Violation of Ordinance
2. Invalid Proceeding
Cases:
- Zaldivia v. Reyes, Jr., G.R. No. 102342, July 3, 1992
- PCGG vs. Desierto, G.R. NO. 140231, July 9, 2007
- SEC vs. Interport Resources Corporation, G.R. No. 135808,
October 6, 2008
- Panaguiton vs. DOJ, G.R. No. 167571, November 25, 2008
- People vs. Romualdez G.R. No. 166510, April 29, 2009
- Disini vs. Sandiganbayan, G.R. No. 169823-24 and 174764-
65, September 11, 2013
- Jadewell Parking Systems Corp. vs. Lidua, Sr., GR No.
169588, October 7, 2013
 Jose Maria College
College of Law

CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd.

Article 92. WHEN AND HOW PENALTIES PRESCRIBE
Article 93. COMPUTATION OF PRESCRIPTION OF PENALTIES
What are the rules in prescription of penalties?
Cases:
- Del Castillo vs. Torrecampo, December 18, 2002
- Tanega v. Masakayan, G.R. No. 141718, 2005
- Pangan vs. Gatbalite, January 21, 2007
- Lumantas vs Calapiz GR No 163753 January 15, 2014
- Daluraya vs. Oliva G.R. No. 210148 December 8, 2014
- Basilonia vs Villaruz, G.R. Nos. 191370-71, August 10, 2015
Article 94. PARTIAL EXTINCTION OF CRIMINAL LIABILITY
Article 100. EVERY PERSON CRIMINALLY LIABLE IS ALSO
CIVILLY LIABLE
Cases:
- Garcia vs. Court of Appeals, G.R. No. 119063. January 27, 1997
- Romero vs People, G.R. No. 167546, July 17, 2009
- Dy vs People, G.R. No. 189081, August 10, 2016
Article 101. RULES REGARDING CIVIL LIABILITY IN CERTAIN
CASES
Article 102. SUBSIDIARY CIVIL LIABILITY OF INNKEEPERS,
TAVERN KEEPERS AND PROPRIETORS OF
ESTABLISHMENTS.

SEE: R.A. No. 10592 and its Implementing Rules and Article 103. SUBSIDIARY CIVIL LIABILITY OF OTHER
Regulations PERSONS

Article 95. OBLIGATION INCURRED BY PERSON GRANTED Cases:

CONDITIONAL PARDON
What is the nature of conditional pardon?
What is the obligation incurred by a person granted with
conditional pardon?
Cases:
-Tesoro vs. Director of Prisons, G.R. No. L-46437, May 23, 1939
-Torres vs. Gonzales, G.R. No. 76872, July 23, 1987
SEE: Section 64 (i) of the Revised Administrative Code
Article 96. COMMUTATION OF SENTENCE
What is nature of commutation of sentence?
What is effect of commutation of sentence?
Article 97- 99. GOOD CONDUCT ALLOWANCES
What is the nature of good conduct allowances?
Who shall grant time allowance?
What is special time allowance for loyalty of prisoner?
What is PAROLE?
What is the difference between CONDITIONAL PARDON
and PAROLE?
Distinguish PARDON from PROBATION
SEE:
- R.A. No. 10592
- Implementing Rules and Regulations of R.A. No. 10592
- PD 968, AS AMENDED (PROBATION LAW)
What is Probation?
Who can apply for probation? Who are disqualified to avail
the benefits of the probation law?
What is the period of probation?
When can probation be terminated? Effects of
termination?
- Carpio vs Doroja, G.R. No. 84516, December 5, 1989
- Yonoha v Court of Appeals, GR No 112346, March 29, 1996
- Pangonorom vs. People, GR No. 143380, April 11, 2005
- Philippine Rabbit Bus Lines vs. Heirs of Mangawang G.R.
No. 160355, May 16, 2005
- LG Foods Corporation vs. Agraviador, G.R. No. 158995
September 26, 2006
- Safeguard Security Agency (SSA) vs Tangco, G.R. No.
165732, December 14, 2006
Article 104-107. WHAT CIVIL LIABILITY INCLUDES
- Apportionment of Civil Liability
Cases:
- People vs. Tampus, G.R. No. 181084, June 16, 2009
Article 108-111. PERSONS CIVILLY LIABLE
Article 112. EXTINCTION OF CIVIL LIABILITY
Article 113. OBLIGATION TO SATISFY CIVIL LIABILITY
References:
- The Revised Penal Code Book One - by Luis B. Reyes
- The Revised Penal Code Book One - Revised Edition by
Benjamin R. Caraig
- Notes and Cases on Special Penal Laws by Leonor D.
Boado
- www.lawphil.net
- www.sc. judiciary.gov.ph
- www.chanrobles.com
- Supreme Court Reports Annotated (SCRA)

Cases:
- Bernardo vs Balagot, GR No. 86561, November 10, 1992
- Francisco v. Court of Appeals, GR No. 108747, April 6, 1995
- Soriano vs Court of Appeals, GR No. 123936, March 4, 1999
- Colinares v. People, G.R. No. 182748, December 13, 2011
- Almero vs. People, GR No. 188191, March 12, 2014
- Villareal vs. People, G.R. No. 151258, December 1, 2014
- Tiu vs. DIzon, G.R. No. 211269, June 15, 2016
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