PENALTIES

ARTICLE 21 – Penalties that may be imposed

1. Subsidiary penalty for a crime cannot be imposed, if it was “not prescribed by law prior to its
commission.”
2. Subsidiary penalty- served if the penalty imposed upon the convict includes fine but HE CANNOT pay
the same because of insolvency.

ARTICLE 22- Retroactive effect of penal laws

1. HABITUAL DELIQUENT- if within a period of 10 years from the date of his (last) release or last conviction
of the crimes of
- serious or less serious physical injuries
- robo - ROBBERY
-hurto
- estafa
- falsification
If he is found GUILTY of any of said crimes a third time or offender.
2. REQUISITES of habitual delinquency
1. That the offender has been convicted of any of the crimes of serious or less serious physical
injuries, robbery, theft, estafa or falsification.
2. That after that conviction or after serving his sentence, he AGAIN COMMITTED, and, within 10
years from his release or first conviction, he was AGAIN convicted of any of the said crimes for the second
time.
3. That after his conviction of, or after serving sentence for, the second offense, he AGAIN
COMMITTED, and within 10 years from his last release or last conviction, he was again convicted of any
of said offense, the THIRD TIME OR OFTENER.
3. Article 22 is NOT APPLICABLE to the provisions of the Revised Penal Code.
EXC: It’s application to the Revised Penal Code can only be invoked where some former or
subsequent law is under CONSIDERATION. Such law must necessarily relate:
1. to penal laws existing prior to the RPC, in which the PENALTY WAS LESS SEVERE than
those of the Code
2. to laws enacted SUBSEQUENT to the RPC, in which the penalty is MORE FAVORABLE to
the accused.
4. GR: Give criminal laws PROSPECTIVE EFFECT
EXC: to give them RETROACTIVE EFFECT when FAVORABLE TO THE ACCUSED
**The exception applies to a law dealing with prescription of crime.
**Article 22 applies to a law dealing with prescription of an offense which is intimately connected with
that of the penalty, for the length of time for prescription depends upon the gravity of the offense.
**Rationale for the EXC: The sovereign, in enacting a subsequent penal law more favourable to the
accused, has recognized that the greater severity of the former is unjust.

5. The new law may provide otherwise (EXC)

EX. Reducing the period of prescription of criminal action for libel from 2 years to 1 year, specifically
provides that “The provisions of this amendatory Act shall NOT APPLY to cases of libel already filed in
court at the time of approval of this amendatory act”
6. The provision of Art. 22 that penal laws shall have a retroactive effect insofar as they favour the person
guilty of a felony is APPLICABLE EVEN IF ACCUSED IS ALREADY SERVING SENTENCE.
7. In the following cases, the favourable statute that benefits him should be applied:
1. The crime has been committed and prosecution begins.
2. Sentence has been passed but service has not begun.
3. The sentence is being carried out.
6. The provision that criminal statutes are retroactive so far as they favour the culprit DOES NOT APPLY to
the latter’s CIVIL LIABILITY, because the rights of the offended persons or innocent third parties ARE NOT
WITHIN the gift of arbitrary disposal of the state BUT a new law INCREASING the civil liability cannot be
given retroactive effect.
7. Article 22 is applicable even to special laws which provide more favourable conditions to the accused.
8. Criminal liability is OBLITERATED (abolished) when the REPEAL IS ABSOLUTE.
9. Criminal liability under the repealed law subsists: (continue)
1. When the provisions of the former law are RE- ENACTED; or
2. When the repeal is by IMPLICATION; or
3. When there is a SAVING CLUSE
10. The repeal of penal law which impliedly repealed an old penal law REVIVES THE OLF LAW UNLESS the
language of the repealing statute provides otherwise.
EX. Act 1697 impliedly repealed the provisions of the RPC on perjury, but later, Act 1697 was itself
repealed by the old Administrative Code. The penalty provided in the old Penal Code, which was lighter
than the penalty provided in Art. 1697 was imposed on the accused.
11. What penalty may be imposed for the commission of a felony?
1. Only that penalty prescribed by law PRIOR to the commission of the felony may be imposed.
2. Felonies punishable under the laws in force AT THE TIME OF THEIR COMMISSION.
3. But that penalty prescribed by a law enacted after the commission of the felony may be
imposed, IF IT IS FAVORABLE TO THE OFFENDER.
12. BILL OF ATTAINDER / EX POST FACTO LAW – a law where a person is convicted without trial (prohibited
under the constitution)
1. makes criminal an act done before the passage of the law
2. aggravates a crime, makes it greater than it was, when committed
3. changes the punishment and inflicts greater than it was
4. alters the legal rules of evidence, and authorizes conviction upon less or different testimony
than the law required at the time of the commission of the offense
5. assuming to regulate civil rights and remedies only
6. deprives a person accused of a crime of some lawful protection to which he has become entitled

ARTICLE 23- EFFECT OF PARDON BY THE OFFENDED PARTY

A pardon by the offended party DOES NOT extinguish criminal action EXCEPT as provided in Article 344
of this Code; but CIVIL LIABILITY with regard to the interest of the injured party is extinguished by his
express waiver.
*article 23 talks about pardon in cases of adultery, concubinage, seduction, acts of lasciviousness, etc
*pardon given by the offended party
1. express – writing
2. Art 23 does not talk about pardon given by the PRES
3. may be express or implied – when in writing, MUST BE DELIVERED
4. pardon must be done before the institution of criminal action
5. pardon must be given before the case reaches the court / fiscal/s office / police station
6. If nasa husgado na, wala ng effect. Ang mawawala na lang ay civil liability pero meron pa din criminal
liability.
7. The ff. shall not be considered as penalties:
1. arrest and detention of accused persons – not penalty but only considered as detained person.
(ARTICLE 24)
8. INORDINATE DELAY- the cases against public officers/ employees are being sent to the ARCHIVES to
delay the process.
9. Compromise does not extinguish criminal liability.
10. The offended party in the crimes of ADULTERY and CONCUBINAGE CANNOT institute criminal
prosecution, if he shall have CONSENTED or PARDONED the offenders. The pardon here may be implied,
as continued inaction of the offended party after learning of the offenses.
11. In the crimes of SEDUCTION, ABDUCTION, RAPE OR ACTS OF LASCIVIOUSNESS, there shall be NO
CRIMINAL PROSECUTION if the offender has been EXPRESSLY PARDONED by the offended party of her
parents, grandparents, or guardian, as the case may be. PARDON MUST BE EXPRESS.
12. When the complaint for adultery, concubinage or seduction, rape, acts of lasciviousness, or abduction
has already been filed in court, a motion to dismiss based solely on the pardon by the offended party,
given after the filing of the complaint, will be denied by the court.
13. SEDUCTION – qualified or simple.
If simple, seduction of who is 18 years of age. There is a sexual relation by use of fraud, etc.
If qualified, by brother or sister.
14. Civil liability with regard to the interest of the injured party is extinguished by his express waiver.
As a general rule, an offense causes two classes of injuries:
(1) SOCIAL INJURY, produced by the disturbance and alarm which are the outcome of the offense
(2) PERSONAL INJURY, caused to the victim of the crime who suffered damage either to his person, to his
property, or to his dishonour or to her chastity
15. PRELIMINARY INVESTIGATION – when it is under the fiscal or police office

ARTICLE 24 – Measures of prevention or safety which are NOT considered penalties. The following shall
not be considered as penalties.
1. The arrest and temporary detention of accused persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their confinement in a hospital. (to see to it that the insane will
be provided sufficient treatment to gain back sanity)
2. The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes
specified therein. (PD 603, ART. 192, RA 10630)
3. Suspension from the employment or public office during the trial or in order to institute proceedings.
when a person is under trial, court may suspend him from office to:
(1) to prevent him from making tago the evidence
(2) because he might perform some acts that is detrimental to the office
(3) so that he will not be able to conceal acts that will be detrimental to the prosecution
4. Fines and other corrective measures which, in the exercise of their administrative or disciplinary
powers, superior officials may impose upon their subordinates.
5. Deprivation of rights and the reparations which the civil law may establish in penal form. (in
connection with parents (accomplices) which are responsible in the corruption of their children. ART. 332
of the CC)

1. PD 603 – The Child and Youth Welfare Code

2. Art. 192 – Importation and sale of prohibited drugs.
3. RA 10630 – Juvenile Justice Welfare

ARTICLE 25 – Penalties which may be imposed

The penalties which may be imposed, according to this Code, and their different classes, are those
included in the following:
SCALE
PRINCIPAL PENALTIES
Capital punishment:
Death

Afflictive penalties:
Reclusion perpetua
Reclusion temporal
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Prison mayor

Correctional penalties:
Prision correccional
Arresto mayor
Suspension
Destierro

Light penalties:
Arresto menor
Public censure

Penalties common to three preceding classes:

Fine, and
Bond to keep the peace

ACCESSORY PENALTIES
 Perpetual or temporary absolute disqualification
 Perpetual or temporary special disqualification
 Suspension from public office, the right to vote and be voted for, the profession or calling
 Civil Interdiction
 Indemnification
 Forfeiture or confiscation of instruments and proceeds of the offense
  Payment of cost

1. The penalties which may be imposed, according to this Code, are those included in Article 25 only.
2. RA 9346 prohibited the imposition of death penalty, and provided for the imposition of the penalty
of reclusion perpetua in lieu of death.
3. Article 25 classifies penalties into:
1. Principal penalties – those EPRESSLY imposed by the court in the judgment of conviction
2. Accessory penalties – those that are deemed included in the imposition of the principal
penalties.

The principal penalties may be classified:

According to their divisibility.
1. Divisible
2. Indivisible

Indivisible penalties are those which have NO FIXED DURATION.

1. Death
2. Reclusion Perpetua
3. Perpetual absolute or special disqualification
4. Public censure.

Divisible penalties are those that have fixed duration and are DIVISIBLE INTO THREE PERIODS.

Classification of penalties according to subject- matter;

1. Corporal (death)
2. Deprivation of freedom (reclusion, prison, arresto)
3. Restriction of freedom (destierro)
4. Deprivation of rights (disqualification and suspension)
5. Pecuniary (fine)

Classification of penalties according to their gravity:

1. Capital
2. Afflictive
3. Correctional
4. Light

*Public Censure is a penalty. Therefore, it is not proper in acquittal.

*Perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, and
suspension MAY BE PRINCIPAL or ACCESSORY penalties, because they are formed in two general classes.

ARTICLE 26 – Fine- When afflictive, correctional, or light penalty

A fine, whether imposed as a single or 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 be less than 200 pesos.

1. afflictive – exceeds 6000

2. correctional – does not exceed 6000 but not less than 200
3. light- less than 200 pesos

1. Article 309 and 300 also provides a penalty with respect to fines, the value of said property has been
raised but the imprisonment remains the same.
2. RA 10951- only fines provided in RPC and NOT APPLICABLE TO SPECIAL LAWS.
3. Look for felonies and list down cases not amended by RA 10951.
4. Those that will be reduced must be found in RPC and if not in RC, cannot be subject to a
recommendation by a judge or Congress to lower penalties because they are special laws.

ARTICLE 27
Reclusion Perpetua - The penalty of reclusion perpetua shall be from 20 years and one day to 40 years.

Reclusion temporal- The penalty of reclusion temporal shall be from 12 years and one day to 20 years.

Prision mayor and temporary disqualification – The duration of the penalties of prison mayor and
temporary disqualification shall be from six years and one day to twelve years, except when the penalty
of disqualification is imposed as an accessory penalty, in which case, its duration shall be that of the
principal penalty.

Prison correccional, suspension, and destierro- The duration of the penalties of prison correccional,
suspension, and destierro shall be from six months and one day to six years, EXCEPT when suspension
is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.

Arresto mayor – The duration of the penalty of arresto mayor shall be from one month and one day to
six months.

Arresto menor- The duration of the penalty of arresto menor shall be from one day to thirty days.

Bond to keep the peace- The bond to keep the peace shall be required to cover such period of time as
the court may determine.

1. DURATION OF EACH PENALTIES

1. Reclusion perpetua- 20 yrs and 1 day to 40 yrs.
2. Reclusion temporal- 12 yrs and 1 day to 20 yrs.
3. Prison mayor and temporary disqualification- 6 yrs and 1 day to 12 yrs, except when
disqualification is accessory penalty, in which case its duration is that of the principal penalty.
 4. Prison correccional, suspension, and destierro- 6 months and 1 day to 6 years, except when
suspension is an accessory penalty, in which case its duration is that of the principal penalty.
5. Arresto mayor- 1 month and 1 day to 6 months
6. Arresto menor- 1 day to 30 days
7. Bond to keep the peace- the period during which the bond shall be effective is discretionary on
the court.

2. Temporary disqualification and suspension, when imposed as accessory penalties, have different
durations- they follow the duration of the principal penalty.

3. In what cases is destierro imposed?

In the following:
1. Serious physical injuries or death under exceptional circumstances
2. In case of failure to give bond for good behaviour
3. As a penalty for the concubine in concubinage
4. In cases where after reducing the penalty by one or more degrees destierro is the
proper penalty.

4. Bond to keep the peace is not specifically provided as a penalty for any felony and therefore cannot be
imposed by the court.
5. Fines may be imposed as an alternative or specific- Court can impose a fine and imprisonment or vice
versa- Court cannot make it an alternative penalty.
6. In penalties not in connection with the Revised Penal Code, they are considered as ADMINISTRATIVE
PENALTIES and NOT CRIMINAL PENALTIES.
7. Positivist theory- rehabilitation kaya na- amend ang Article 27.
8. Powers of the Pres- ABSOLUTEPARDON. Pres may also grant pardon EVEN IF simple or personal or
computation of sentence in relation to the grant of the sentence.
9. President and Parole Com, CANNOT grant to someone with reclusion perpetua.
10. SIMPLE PARDON- does not carry with it the accessory penalty imposed upon the offender.
11. If X was granted by Pres a simple pardon, ACCESSORY PENALTIES will still REMAIN.
12. Only ABSOLUTE PARDON will remove ALL PENALTIES.
13. What is the remedy of the President to lessen penalty time jail>
- community sentence (same with life imprisonment)
14. PEOPLE VS CASTRO
-age 17, recruitment, was sentenced to life imprisonment- ca affirmed- sc raising an issue of
mitigating that she was only 16 years old during the commission of the crime, SC said although life
imprisonment and minor, cannot mitigate kasi life imprisonment cannot be mitigated and cannot be lower
to 1 degree- sinugget to the President na I- lower.
15. RECLUSION TEMPORAL – memorize article 76 of the RPC
-different from reclusion perpetua in the sense that reclusion perpetua CANNOT BE DIVIDED
-temporal may be minimum, medium, maximum eriod
16. PRISON MAYOR- 6 to 12 years afflictive penalty
17. SUSPENSION- only a penalty that prevents a person from the following:
- suspension from public office
- engaging from lawful calling or profession (lawyer, doctor)
-SC grants the suspension to a lawyer, OTHER PROFESSIONS- Professional Regulations
Commissions
-every public officer or employee may be suspended from performing his occupation
-depends on the gravity that the employee committed.
-SUSPENSION does not require deprivation of liberty- ONLY deprivation of occupation
-must always be a strict penalty – NO MINIMUM OR MAXIMUM
18. AFFLICTIVE PENALTY – minimum, medium, max- inflicts pain and suffering to the offender and to his
friends, family, ad society as well.
19. DESTIERRO
-vanishment of a particular person which has been fixed by court
HOW MANY KINDS OF DESTIERRO MAY BE IMPOSED BY COURTS:
1. for a brief period- to live a (fixed) particular phase
EX. Court may say that a person CANNOT ENTER the province of Bulacan
2. when the court fixes a radius of not more than 300 km or not less than 25 km??
(CLARIFY) – requiring the offender not to enter the radius- must be measured by straight lines- choice of
judges
-in the event that destierro is violated, crime violated is EVASION OF VIOLATION OF SENTENCE
-principal destierro – imprisonment is principal and not accessory penalty

20. ARRESTO MAYOR

-correcional penalty
-does not carry with it any accessory penalty except during the term of his sentence, he cannot
ask to practice a profession UNLESS it’s an emergency.
-it can be done in the city or municipal or under the house of the offender basta may jail officer
REQS:
1. if inflicted with disease (ex. Pneumonia)
2. must be equipped with certification from a government or private physician – must prove that
he is suffering from ailment
3. has a threat in his life

21. cash bond- during arraignment, he must be present to enter his plea
22. remedy with respect to identification- his lawyer, must admit that the person is posting bail
23. property bonds- what you have to present to the court is certificate of title of land or tax declaration
with receipts of payment
24. When does a judgment becomes final and executory?
Depends on the court. If no appeal or motion of reconsideration, RTC judgement becomes final
and executory. Judgment will be entered in the criminal docket and clerk of court will issue the finality of
judgment.
 -if the judgment came from Sandiganbayan and Courts of Tax Appeals- same lang din sa
RTC bcos they are both trial courts and not appellate courts.

25. When is the start of serving the sentence in Destierro?

The moment he steps out dun sa prinoprohibit siya ng court.
26. When is the start of serving the sentence in Suspension?
The moment he stops the practice of his profession
27. If payment of fines, you start your sentence the moment you pay.

ARTICLE 28 – Computation of penalties

If the offender shall be in prison, the term of the duration of the temporary penalties shall be
computed from the day on which the judgment of conviction shall have become final.
If the offender be not in prison the term of the duration of the penalty consisting of deprivation
of liberty shall be computed from the day that the offender is placed at the disposal of the judicial
authorities for the enforcement of the penalty. The duration of the other penalties shall be computed
only from the day on which the defendant commences to serve his sentence.

Rules for the computation of penalties

The Director of Prisons or the warden should compute the penalties imposed upon the convicts,
observing the following rules:

1. When the offender is in prison- the duration of temporary penalties is from the day on which the
judgment of conviction becomes final.
2. When the offender is not in prison- the duration of penalty consisting in deprivation of liberty, is from
the day that the offender is placed at the disposal of judicial authorities for the enforcement of the
penalty.
3. The duration of other penalties- the duration is from the day on which the offender commences to
serve his sentence.

Examples of temporary penalties:

1. temporary absolute disqualification

2. temporary special disqualification
3. suspension

*If offender is under detention, as when he is undergoing preventive imprisonment, rule 1 shall apply. If
NOT UNDER DETENTION, because the offender has been released on bail, rule3 applies.

Examples of penalties consisting in DEPRIVATION OF LIBERTY:

1. Imprisonment
2. Destierro
*RE penalties consisting in deprivation of liberty- when the offender is NOT in prison, rule 2 applies. If the
offender is undergoing preventive imprisonment, the computation of the penalty is NOT from that the
offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. Rule No.
3 applies, that is, the duration of the penalty shall be computed from the day on which the defendant
commences to serve his sentence.

ARTICLE 29 – Period of preventive imprisonment deducted from term of imprisonment

Offenders or accused who have undergone preventive imprisonment shall be credited in the service of
their sentence consisting of deprivation of liberty, with the full time during which they have undergone
preventive imprisonment if the detention prisoner agrees voluntarily in writing to abide by the same
disciplinary rules imposed upon convicted prisoners, except in the following cases:
1. When they are recidivists, or have been convicted previously twice or more times of any a
crime; and
2. When upon being summoned for the execution of their sentence they have failed to
surrender voluntarily.

If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon
convicted prisoners, he shall be credited in the service of his sentence with four- fifths of the time during
which he has undergone preventive imprisonment.
Whenever an accused has undergone preventive imprisonment for a period equal to or more
than the possible maximum imprisonment of the offense charged to which he may be sentenced and
his case is not yet terminated, HE SHALL BE RELEASE IMMEDIATELY WITHOUT PREJUDICE TO THE
CONTINUATION OF THE TRIAL THEREOF OR THE PROCEEDING ON APPEAL, if the same is under review.
In case the maximum penalty to which the accused may be sentenced is detierro, he shall be released
after 30 days of preventive imprisonment.

1. When is there preventive imprisonment?

The accused undergoes preventive imprisonment when the offense charged is non- bailable, or
even if bailable, he cannot furnish the required bill.

2. The full time or fourth- fifths of the time during which offenders have undergone preventive
imprisonment shall be deducted from the penalty imposed.
3. Must preventive imprisonment be considered in perpetual penalties?
This allowance should be made even in the case of PERPETUAL PUNISHMENT. This article does
not make any distinction between temporal and perpetual penalties. Thus, even if the accused is
sentenced to life imprisonment, he is entitled to the full time or 4/5 of the time of the preventive
imprisonment.
4. The credit is given in the service of the sentences “consisting of deprivation of liberty.”
 Thus, if the offense for which the offender is undergoing preventive imprisonment is punishable
by imprisonment or a fine, and upon conviction the court imposed on him only a fine, there is no credit
to be given.
5. Convict to be released immediately if the penalty imposed after trial is less than the full time or four-
fifths of the time of the preventive imprisonment.
6. Accused shall be released immediately whenever he has undergone preventive imprisonment for a
period equal to or more than the possible maximum imprisonment for the offense charged.

7. The following offenders are NOT entitled to be credited with the full time or four- fifths of the time of
preventive imprisonment.:

1. Recidivists or those convicted previously twice or more times of any crime.

2. Those who, upon being summoned for the execution of their sentence, failed to
surrender voluntarily.

8. A HABITUAL DELIQUENT IS NOT ENTITLED to the full time or 4/5 of the time of preventive imprisonment,
because a habitual delinquent is necessarily a recidivist or that at least he has been “convicted previously
twice or more times of any crime.”

9. If he refuses to be convicted/ treated as a public- sabihin sa warden.

ARTICLE 30 – Effects of the penalties of perpetual or temporary absolute disqualification

The penalties of perpetual or temporary absolute disqualification for public office shall produce the
following effects:
1. The deprivation of the public offices and employments which the offender may have held, even if
conferred by popular election.
2. The deprivation of the right to vote in any election for any popular elective office or to be elected to
such office.
3. The disqualification for the offices or public employments and for the exercise of any of the rights
mentioned.

In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of this

Article shall last during the term of the sentence.

4. The loss of all rights to retirement pay or other pension for any office formerly held.

1. Applicable as long as covered by RPC and special laws including those relevant to their office.
2. Perpetual absolute disqualification – FOR LIFE
3. Perpetual temporary disqualification – FOR TERM ONLY (service of sentence)
4. “loss of retirement benefits” only deals with PENSION together with his retirement pay (retirement pay
is the basis of his pension), the person is still entitled to other benefits like:
 a. value of his accumulated leaves – vacation and sick leaves – including those already earned
by him during his time in office like LONGEVITY PAY (20% of his salary for every month he served the
government.
5. A person is absolutely disqualified if penalty is more than 18 months – he or she is perpetually and
absolutely disqualified to exercise suffrage
6. What if the conviction of accused was sent by the Courts to COMELEC so that his name in the voting
process shall be disqualified? (in re: public office)
Judge Pi’s opinion: The professions shall not be affected my conviction UNLESS it is prescribed
by the decision of Court that his suspension is not disqualifying him to exercise his or her profession, he
can exercise.

ARTICLE 31 – Effects of the penalties of perpetual or temporary special disqualification

The penalties of perpetual or temporary special disqualification for public office, profession, or calling
shall produce the following effects:

1. The deprivation of the office, employment, profession or calling affected.

2. The disqualification for holding similar offices or employments either perpetually or during the term
of the sentence, according to the extent of such disqualification.

1. In Article 31, profession, calling, and office – disqualification is only during the term of his employment
and may only be imposed if his offense is afflictive.
**

ARTICLE 32 – Effects of the penalties of perpetual or temporary special disqualification for the exercise
of the right of suffrage

The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive
the offender perpetually or during the term of the sentence, according to the nature of said penalty, of
the right to vote in any popular election of public office or to be elected to such office. Moreover, the
offender shall not be permitted to hold any public office during the period of his disqualification.

**

ARTICLE 33- Effects of the penalties of suspension from any public office, profession, or calling, or the
right of suffrage

The suspension from public office, profession, or calling, and the exercise of the right of suffrage shall
disqualify the offender from holding such office or exercising such profession or calling or right of
suffrage during the term of the sentence. (to preserve purity of election)
The person suspended from holding public office shall not hold another having similar functions during
the period of his suspension.

**

ARTICLE 34- Civil Interdiction

Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental
authority, or guardianship, either as to the person or property of any ward, of marital authority, of the
right to manage his property, and of the right to dispose of such property by any act or any conveyance
inter vivos.

1. Civil interdiction only applies if sentence is indivisible (only during his sentence)
2. Civil interdiction- an accessory penalty in life imprisonment because in accordance with the principles
of life imprisonment, person has to serve his sentence for life. For purposes of pardon, either simple,
absolute or conditional, or even amnesty, the Court has been informed by the by legislative department
of the enactment of RA 9346 (search and read 9346)
3. may be perpetual or temporal, it is perpetual when the person is sentenced to reclusion perpetua and
it is temporal if his sentence is up to 20 years (maximum)
4. Donation and will – 2 ways of transferring property to take effect after sentence.
5. In Reclusion perpetua, you CANNOT transfer property and if transfer is unlawful- null and void.
6. RA 4245
7. Person is NOT entitled to parole if penalty is reclusion perpetua or death. (RA 9346)

**

ARTICLE 35 – Effects of bond to keep the peace

It shall be the duty of any person sentenced to give bond to keep the peace, to present two sufficient
sureties who shall undertake that such person will not commit the offense sought to be prevented, and
that in case such offense be committed they will pay the amount determined by the court in its
judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said
undertaking.

The court shall determine, according to its discretion, the period of duration of the bond.

Should the person sentenced fail to give the bond as required he shall be detained for a period which
shall in no case exceed six months, if he shall have been prosecuted for a grave or less grave felony, and
shall not exceed thirty days, if for a light felony.

1. BOND TO KEEP THE PEACE - general bond that can be imposed by Court
2. BOND TO KEEP THE PEACE (offender shall impose 2 sureties) – to prevent him from committing the
offense which the court sought to be prevented.
3. Cash bond- court fixes the amount (other charges: judiciary development bond)
4. Property bond – only 1 will be posted. However, if posted as property bond, you must pay all taxes in
due and such payment must be included in the tax declaration. Here, you must have title and evidence of
paying taxes (receipts, etc)
5. Personal pay bond – bond posted by a non- life insurance company authorized by Court. Here, there is
little to no liabilities. If may error, it must be construed in favour of the government.
6. In Reclusion Perpetua, there is NO NEED for bond to keep the peace since he or she is always in jail.

Outline of the EFFECTS OF PENALTIES UNDER ARTICLE 30 – 35

1. The penalties of perpetual or temporary absolute disqualification for public office produce the following
effects: ARTICLE 30

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

b.) Deprivation of right to vote or to be elected
c.) Disqualification for the offices or public employments and for the exercise of any of the rights
mentioned.
d.) Loss of right to retirement pay or pension for any office formerly held.

**Perpetual absolute disqualification is EFFECTIVE during the LIFETIME of the CONVICT AND EVEN AFTER
THE SERVICE IF THE SENTENCE.

**Temporary absolute disqualification – lasts during the term of the sentence, and is removed after the
service of the same EXCEPT
1.) deprivation of public office or employment;
2.) loss of all rights to retirement pay or other pension for any office formerly held.

2.) The penalties of perpetual or temporary special disqualification for public office, profession or calling
produce the following effects: ARTICLE 31
a.) Deprivation of the office, employment, profession, or calling affected
b.) Disqualification for holding similar offices or employments perpetually or during the term of the
sentence.

3.) The penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage
produce the following effects: ARTICLE 32
a.) Deprivation of the right to vote or to be elected to any public office
b.) Cannot hold any public office during the period of disqualification

4.) The penalties of suspension from public office, profession or calling or the right of suffrage produce
the following effects: ARTICLE 33
 a.) Disqualification from holding such office or exercising such profession or calling or right of
suffrage during the term of the sentence.
b.) If suspended from public office, the offender cannot hold another office having similar functions
during the period of suspension.

5.) Civil interdiction shall produce the following effects: ARTICLE 34

a.) Deprivation of the rights of parental authority or guardianship of any ward
b.) Deprivation of marital authority
c.) Deprivation of the right to manage his property and of the right to dispose of such property by
any act inter vivos.

NOTE: But he can dispose of such property by will or donation mortis causa.

6.) Bond to keep the peace. ARTICLE 35

a.) The offender must present two sufficient sureties who shall undertake that the offender will not
commit the offense sought to be prevented, and that in case such offense be committed they will pay the
amount determined by the court; or
b.) The offender must deposit such amount with the clerk of court to guarantee said undertaking;
or
c.) The offender may be detained, if he cannot give the bond, for a period not to exceed 30 days,
if for a light felony.

NOTE: Bond to keep the peace is DIFFERENT FROM bail bond which is posted for the provisional
release of a person arrested for or accused of a crime.

1. To preserve the purity of elections- the presumption is that one rendered infamous by conviction of
felony is UNFIT to exercise the privilege of suffrage or to hold office.
2. The accessory penalty of TEMPORARY ABSOLUTE DISQUALIFFICATION disqualifies the convict for public
office and for the right to vote, such disqualification to LAST ONLY DURING THE TERM OF THE SENTENCE.
3. PERPETUALLY- refers to the perpetual kind of special disqualification
4. “during the term of the sentence” – refers to the temporary special disqualification.

ARTICLE 36 – Pardon; its effects

A pardon shall not work the restoration of the right to hold public office, or the right to suffrage, UNLESS
such rights be expressly restored by the terms of the pardon.

A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him
by the sentence. (EX. Estrada, Robin Padilla – did not remit accessory – reclusion perpetua)

EFFECTS OF PARDON by the PRESIDENT

1. A pardon SHALL NOT RESTORE the right to hold public office or the right of suffrage.
EXC: When any or both such rights is or are EXPRESSLY RESTORED by the terms of the pardon.
2. It shall not exempt the culprit from the payment of the civil indemnity. The pardon CANNOT make an
EXCEPTION to this rule.

Limitations upon the exercise of the pardoning power:

1. That the power can be exercised ONLY AFTER conviction;
2. That such power DOES NOT EXTEND to cases of impeachment.

1. Pardon may be granted ONLY AFTER CONVICTION BY FINAL JUDGMENT

2. Pardon granted in GENERAL TERMS DOES NOT INCLUDE accessory penalty. (only the effect of the
principal penalty is extinguished)
EXC: When an ABSOLUTE PARDON is granted AFTER the term of imprisonment has expired, it
removes all that is left of the consequences of conviction.
3. Pardon after serving 30 years DOES NOT REMOVE perpetual absolute disqualification

Pardon by the CHIEF EXECUTIVE VS. Pardon by the OFFENDED PARTY

1. Pardon by the Chief Executive extinguishes the criminal liability of the offended; such is not the case
when the pardon is given by the offended party.
2. Pardon by the Chief Executive cannot include civil liability which the offender must pay; but the
offended party can waive the civil liability which the offender must pay.
3. In cases where the law is allows pardon by the offended party, the pardon should be given before the
institution of criminal prosecution and must be extended to both offenders; whereas, pardon by the Chief
Executive is granted only AFTER the conviction and may be extended to any of the offenders.

PEOPLE VS. OSCAR CASTELO

FACTS: Oscar Castelo, was designated to act as Secretary of National Defense in addition to his
duties in the Justice Department.

Due to his feud with Senator Claro M. Recto,resulting to various charges against him, he told his
bodyguard, Ben Ulo that Monroy,being the witness of Recto must be killed. Thereafter, Ben Ulo
gathered his "boys" and went to Pasay looking for Monroy. At the time Ben Ulo was giving last-minute
instructions to his "boys", Manuel P. Monroy was unconcernedly playing "mahjong" at his apartment.
After Ben Ulo had left and pursuant to his instructions, Scarface, De Jesus, Gonzales, Enriquez and
Realista walked along David Street. Scarface who was supposed to be the triggerman, showed some
hesitation, so De Jesus entered the pasillo and went towards the apartment where Monroy was
playing. De Jesus suddenly fired three successive shots at Monroy. He was taken to the hospital
where he soon died. The NBI in cooperation of Manila Police gathered confessions from the “boys” of
Ben Ulo however, Ben Ulo denied his involvement to the crime. All these statements or confessions
relate, with some variations as to minor details, the story of the assassination, the motives thereof and
the names of the raiding parties.
Appellants set up the defense of alibi, even as they claimed that the statements they gave to the NBI
and the Manila Police had been extorted from them by means of violence, and that the contents thereof
were not true.

ISSUE: Wether or not the accused-appellants shall be acquitted/their alibi be considered as a

defense?

HELD: The defense of alibi set up by Miray, Gonzales, Enriquez, Hipolito and De Jesus deserves little
attention for its flimsiness, bearing in mind that Manila is just 15 to 20 minutes drive to the scene of
the crime. Besides, it contradicts their individual confessions wherein each mutually names one
another as his partner in crime, each describing his own participation therein, and each corroboration
or supplementing one another's narration of material facts, and all mentioning Ben Ulo as their leader.
Those confessions unfurl a picture of conspiracy amongst themselves and other persons to snuff out
the life of Monroy, De Jesus actually firing the fatal shots and the others lending him support while
posted at strategic places.

In the absence of collusion among the declarants, their confessions should be read together, in order
to form a complete picture of the whole situation, and to consider them collectively merely as
corroborative and/or confirmatory of the evidence independent therefrom.

Henceforth,the accused are convicted for murder — qualified by premeditation — all the herein
accused-appellants is affirmed. There are aggravating circumstances, like nighttime, aid of armed
men, etc.

PEOPLE VS JALOSJOS
Facts:

Romeo G. Jalosjos is a full-fledged member of Congress who is now confined at the national penitentiary
while his conviction for statutory rape on two counts and acts of lasciviousness on six counts is pending
appeal. Jalosjos, filed a motion asking that he be allowed to fully discharge his duties of a Congressman
including attendance at legislative sessions and committee meetings despite his having convicted in the
first instance including of a non-bailable offense.

Jalosjos argument is the mandate of sovereign will which he states that he was re-elected as Congressman
of Firs District of Zamboanga del Norte by his constituents in order that their voices will be heard and
since the accused-appellant is treated as bona fide member of the House of Representatives, the latter
urges co-equal branch of government to respect his mandate.

Issue:
Whether or not accused-appellant, Romeo G. Jalosjos, be allowed to discharge his mandate as member
of the House of Representatives.

Held:

No. The immunity from arrest or detention of Senators or members of the House of Representatives arises
from a provision of the Constitution and shows that this privilege has always been granted in a restrictive
sense.

It is true, that election is the expression of the sovereign power of the people. However, the rights and
privileges from being elected as public official may be restricted by law. Privilege has to be granted by law,
not inferred from the duties of a position, the higher the rank the greater the requirement of obedience
rather that exemption.

The accused-appellant Romeo Jalosjos has not given any reason why he should be exempted from the
operation of Section 11 Article VI of the Constitution. The members of Congress cannot compel absent
members to attend sessions if the reason for the abuse is a legitimate one. The confinement of a
Congressman with a crime punishable imprisonment by more than six (6) months is not merely authorized
by law, has constitutional foundations. Allowing Jalosjos to attend in Congressional sessions and meetings
for five (5) days in a week which will make him a free man with all the privileges and would make his status
to that of a special class, it also would be a making of the purpose of the correction system.

ARTICLE 37 – Costs- What are included

Costs shall include the fees and indemnities in the course of the judicial proceedings, whether they be
fixed or unalterable amounts previously determined by law or regulations in force, or amounts not
subject to schedule.

The following are included in costs:

1. Fees, and
2. Indemnities, in the course of judicial proceedings.

1. Costs are chargeable to the accused in case of conviction. In case of ACQUITTAL, the costs are de oficio,
each party bearing his own expenses.
2. No costs against the Republic, unless the law provides the contrary.
3. Payment of costs is a matter that rests entirely upon the discretion of courts.
4. No docket fees for criminal cases.
5. Reparation of damages- pay the damages that you’ve done
6. Indemnification of consequential damages – actual damages and according to Judge Pi is very cheap
7. Indemnification – moral damages (75K)
8. Exemplary damages
9. Consequential damages – includes loss of future income (depends upon the age of the person)
Exceptional case decided by SC:
There was this graduating medical student, a consistent DL, and running for cum
laude. He was killed. Family is asking for loss of future income ALTHOUGH he’s still a student at the time
he was killed. Parents’ argument stated that since he is a consistent DL, running for laude, and is enrolled
in a prestigious school, there is a huge chance that we will top the board exams and be a successful doctor.
SC AFFIRMED.

CASE OF OJ SIMPSON

Facts:
On the night of June 12, 1994, Nicole Brown Simpson, ex-wife of OJ Simpson and her friend Ron Goldman
were found murdered between the time of 10-12 PM in front of Nicole’s own home. Both had been
stabbed to death and showed the signs of defensive wounds on their hands and forearms.
After several days of investigation, many crucial DNA samples of pieces of evidence found at the scene of
the crime had been analyzed which lead police to OJS as their prime suspect.

OJ was the former American football star, actor and sport commentator. He travelled to Chicago on the
night of murder, so police contacted him and informed about the murder and he rushed home. As police
were on the way to arrest him, he got into the friend’s car lead police on a chase. He was in back seat with
a gun pointing stating that he was going to kill himself. After several hours, the chase finally ended with
police vehicles and 15 helicopters involved in the chase when he surrendered at his home to police.
After arrest OJ was put on trial and all of the pieces of evidence seemed to point to him being responsible
for murder. He had no alibi, and he even changed his story several times.
Prosecution arguments:
The prosecution arguments and the pieces of evidence which made OJ Simpson responsible for murder
were:
a) Blood samples from the crime scene, blood found on the outside, doors, steering wheel, and carpets of
his vehicle that matched Simpon’s DNA.
b) Trace amounts of blood found in a rare imported size, 12 shoe prints near the bodies. OJ owned a
similar pair
c) Glove matching the DNA and blood of Nicole, Ronald and OJ.
d) Hairs consistent with that of OJ found on Ronald shirt.
e) OJS middle finger of left hand was found cut after the day of murder.
f) OJ had previously been involved in domestic violence incident with Nicole Brown.
g) His driver, Alan Park, testified that OJ was not home at time of murder.

The prosecution used the DNA evidence and OJ’s weak alibi as their main arguments for the case.

Defense arguments:
“The Dream Team”, the defense team hired, available by best lawyers and experts of the country gave
the following strong arguments:
a) The pieces of DNA evidence were not accurate and reliable due to errors made by cops collecting
evidence.
b) Leading criminalist Dennis Fung admitted to not wearing rubber gloves while collecting evidence as well
as having “missed a few drops of blood on the fence by the bodies” and only returning to the crime scene
weeks later to collect the evidence.
c) Prosecution argued OJS middle finger of left hand was cut during the fight with Goldman but defendants
counter replied there is no fight in the gloves.
d) “If the glove doesn’t fit, you must acquit” was a phrase coined by one of Simpon’s lawyers when the
glove found on scene, supposedly the murderer, did not fit OJ.

Jury Selection:
The first jury selected after 10 weeks was dismissed because of unusual media broadcast. So, final jury
comprised with 9 black, 2 white and 1 Hispanic, of them 10 women, 2 men and 1 Hispanic was selected.

Jury Decision and Sentence:

After many months of deliberation and numerous witness within the criminal trial, 12 Juries finally came
to a verdict, Mr. Simpson was found not guilty in both counts of murder. Many critics of the trial argued
that the mishandling of the pieces of evidence by the police department was the reason for this verdict.

ARTICLE 38 – Pecuniary liabilities- Order of payment

In case the property of the offender should not be sufficient for the payment of all his pecuniary
liabilities, the sae shall be met in the following order:
1. The reparation of the damage caused
2. Indemnification of the consequential damages
3. The fine
4. The costs of the proceedings.

ARTICLE 39

Rules as to subsidiary imprisonment:

1. If the penalty imposed is prision correccional or arresto and fine- subsidiary imprisonment, not to
exceed 1/3 of the term of the sentence, and in no case to continue for more than one year. Fraction or
part of a day, not counted.
2. When the penalty imposed is fine only- subsidiary imprisonment, not to exceed 6 months, if the culprit
is prosecuted for grave or less grave felony, and not to exceed 15 days, if prosecuted for light felony.
3. When the penalty imposed is higher than prision correctional – NO SUBSIDIARY IMPRISONMENT.
4. If the penalty imposed is NOT to be executed by confinement, but fixed duration- subsidiary penalty
shall consist in the same deprivations as those of the principal penalty, under the same rules as in Nos. 1
2 and 3 above.
5. In case the financial circumstances of the convict SHOULD IMPROVE, he shall pay the fine,
notwithstanding the fact that the convict suffered subsidiary personal liability therefor.

(Examples of application of each rule- check book – page 631)

**

1. Article 39 applies only when the convict has no property with which to meet the fine mentioned in
paragraph 3 of Article 38.
2. The convict who has property enough to meet the fine and not exempt from execution, cannot choose
to serve the subsidiary penalty, instead of paying for the fine.
3. A fine, whether imposed as a single or as an alternative penalty, should not and cannot be reduced or
converted into a prison term
4. Subsidiary penalty IS NOT an accessory penalty.
5. For subsidiary penalty to be imposed, it must be:
a.) prision correctional
b.) arresto mayor
c.) arresto menor
d.) suspension
e.) destierro
f.) fine only
6. No subsidiary penalty if/ in the following cases:
a.) prision mayor
b.) reclusion temporal
c.) reclusion perpetua
d.) when the penalty imposed is higher than prision correccional
e.) for failure to pay the reparation of the damage caused, indemnification of the consequential
damages, and the costs of the proceedings.
f.) when the penalty imposed is fine and a penalty not to be executed by confinement in a penal
institution and which has no fixed duration.
7. Additional penalty for habitual delinquent should be included in determining whether or not subsidiary
penalty should be imposed.
8. When the penalty prescribed for the offense is imprisonment, it is the penalty actually imposed by the
Court, not the penalty provided for by the Code, which should be considered in determining whether or
not subsidiary penalty should be imposed.
9. The convict who served subsidiary penalty MAY STILL be required to pay the fine.
10. Subsidiary imprisonment IS NOT imprisonment for debt.
11. Subsidiary imprisonment, like accessory penalties, not essential in determining jurisdiction.
ARTICLE 40 – Death – Its accessory penalties
*Irrelevant since it is already repealed by RA 9346.

The penalty of arresto shall carry with it that of suspension of the right to hold office and the right of
suffrage during the term of the sentence.

Outline of accessory penalties inherent in principal penalties:

1. Article 40
2. Article 41 – Reclusion perpetua and reclusion temporal – (1) civil interdiction for life or during the
sentence; and (2) perpetual absolute disqualification, unless expressly remitted in the pardon of the
principal penalty.
3. Article 42- Prision mayor – (1) temporary absolute disqualification; and (2) perpetual special
disqualification from suffrage, unless expressly remitted in the pardon of the principal penalty
4. Article 43 – Prison correccional- (1) suspension from public office, profession or calling, and (2)
perpetual specific disqualification from suffrage, if the duration of imprisonment exceeds 18 months,
unless expressly remitted in the pardon of the principal penalty.
Note: There is perpetual special disqualification from suffrage, only when the duration of the
imprisonment exceeds 18 months.
5. Arresto- suspension of the right to hold office and the right of suffrage during the term of the sentence.

1. Destierro has no accessory penalty

2. Persons who served out the penalty may not have the right to exercise the right of suffrage.
3. Accessory penalties need not to be expressly imposed; they are deemed imposed.

Article 45 – Confiscation and forfeiture of the proceeds or instruments of the crime

Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds
of the crime and the instruments or tools with which it was committed.

Such proceeds and instruments or tools shall be confiscated and forfeited in favour of the Government,
unless they be the property of a third person not liable for the offense, but those articles which are not
subject of lawful commerce shall be destroyed.

Outline of Article 45
1. Every penalty imposed carries with it the forfeiture of the proceeds of the crime and the instruments
or tools used in the commission of the crime.
2. The proceeds and instruments or tools of the crime are confiscated and forfeited in favour of the
Government.
3. Property of a third person not liable for the offense, is not subject to confiscation and forfeiture.
4. Property not subject of lawful commerce (whether it belongs to the accused or to third person) shall
be destroyed.
NOTES:
1. Courts cannot order the confiscation of property belonging to a third person IF THE LATTER IS NOT
INDICTED. (charged with a crime)
2. Instruments of the crime belonging to innocent third person may be recovered.
3. Confiscation can be ordered only if the property is submitted in evidence or placed at the disposal of
the court.
4. Confiscation and forfeiture are additional penalties.
5. When the accused has appealed, confiscation and forfeiture not ordered by the trial court, may be
imposed by the appellate court.

ARTICLE 46- Penalty to be imposed upon principals in general

The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the
commission of such felony.

Whenever the law prescribes a penalty for a felony in general terms, it shall be understood as applicable
to the consummated felony.

NOTES:
1. General rule – The penalty prescribed by law in general terms shall be imposed:
a.) upon the principals
b.) for consummated felony
2. Exception – when the law fixes a penalty for frustrated or attempted felony.
3. Graduation of penalties by degrees – refers to STAGES OF EXECUTION (consummated, frustrated, or
attempted) and to the DEGREE of the criminal participation of the offender (whether as principal,
accomplice, or accessory).
4. Division of a divisible penalty – 3 periods (maximum, medium, and minimum) refers to the proper
period of the penalty which should be imposed when aggravating or mitigating circumstances attend the
commission of the crime.

ARTICLE 47 – In what cases the death shall not be imposed; Automatic review of death penalty cases.
(Irrelevant since death penalty is no longer observed)

**

ARTICLE 48 – Penalty for complex crimes (read Article 48 with book)

When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary
means for committing the other, the penalty for the most serious crime shall be imposed, the same to
be applied in its maximum period.

NOTES:
1. At least 2 crimes must be committed. BUT the 2 or more grave or less grave felonies must be the result
of a single act, or an offense must be a necessary means for committing the other. When the offender
executes various acts, HE MUST HAVE A SINGLE PURPOSE. A
2. A complex crime IS ONLY ONE CRIME. The offender has only one criminal intent. Even in the case where
an offense is a necessary means for committing the other, the evil intent of the offender is only one.
HENCE, there is only ONE PENALTY IMPOSED for the commission of a complex crime.

2 kinds of complex crimes: (but ordinarily, both are referred to as a complex crime)
1. COMPOUND CRIME – when a single act constitutes two or more grave or less grave felonies (the
offenses involved should be either both grave or both less grave, or one of them a grave felony and the
other less grave)
2. COMPLEX CRIME PROPER – when an offense is a necessary means for committing the other.

3. “When a single act constitutes two or more grave or less grave felonies.”
Requisites:
1. That only a SINGLE ACT is performed by the offender.
2. That the single act produces (1) two or more grave felonies, or (2) one or more grave and
one or more less grave felonies, or (3) two or more less grave felonies.

4. Light felonies produced by the same act should be treated and punished as separate offenses or may
be absorbed by the grave felony.
a.) several light felonies resulting from one single act – NOT COMPLEX (in a collision between
two automobiles driven in a careless and negligent manner, resulting in the slight physical injuries of the
passengers and the light felony of damage to property, there is no complex crime, because the crime of
slight physical injuries, as well as that of damage to property, is a light felony.

b.) When the crime is committed by force or violence, SLIGHT PHYSICAL INJURIES ARE
ABSORBED.
 Where the person in authority or his agent, who was attacked while in the
performance of his duty, suffered slight physical injuries only, the crime of slight
physical injuries is absorbed in the crime of direct assault.
 When in the commission of rape, slight physical injuries are inflicted on the girl’s
genital organ, the crime of slight physical injuries is absorbed in the crime of rape.
(because the slight physical injuries are the necessary consequence of the force or
violation inherent in the crimes of direct assault and rape.

5. Examples of compound crime:

 The single act in firing a shot, the same bullet causing the death of two persons who were standing
on the same line of the direction of the bullet.
 The act of raping a girl, causing her physical physical injuries which requires medical attention.
This is a complex crime of rape with less serious physical injuries.
  After a justice of the peace had read to the accused the sentence of conviction the latter took a
dagger and stabbed said justice of the peace in the back, the wound incapacitating him for
ordinary work for more than 30 days. This is a complex crime of direct assault with serious physical
injuries, the single act of stabbing the justice of the peace constituting the two less grave felonies
of direct assault and serious physical injuries.
 Where the victim was killed while discharging his duty as barangay captain to protect life and
property and enforce law and order in his barrio, the crime is a complex crime of homicide with
assault upon a person in authority.
 Where the stabbing and killing of the victim which caused likewise the death of the fetus arose
from the single criminal intent of killing the victim, as shown by accused’s pursuit of the victim
after she was able to escape – COMPLEX CRIMEOF MURDER WITH ABORTION.

6. Rape with homicide is a special complex crime NOT covered by Article 48.
7. When in obedience to an order several accused simultaneously shot may persons, without evidence
how many each killed, there is only a single offense, there being a single criminal impulse.
8. When there is no evidence as to how many wounds the victims receives and it is within the scope of
possibility that they were killed by one and the same missile as they were riding astride the same carabao,
and they were shot by the accused in that position, in the absence of a showing that the victims died from
more than one bullet, the crime should be classified as a complex crime of double murder. (This ruling is
APPLICABLE ONLY WHEN THERE IS NO EVIDENCE as to how many wounds the victims received and there
is a possibility that they were killed by one and the same missile. THUS, when two victims received more
than one bullet wound, and they were not close to each other when fired at, and their bodies were found
in different places, the ruling is not applicable.
9. There is NO COMPLEX CRIME of arson with homicide under Article 48.
10. Complex crimes are applicable to crimes through negligence. (Thus, a municipal mayor who
accidentally discharged his revolver during a school program, killing a girl and injuring a boy requiring
medical attendance, was found guilty of a complex crime of homicide with less serious physical injuries
through reckless imprudence.)
11. Theft of firearm and illegal possession of same firearm do not form a complex crime – they are two
distinct crimes.
12. “When an offense is necessary means for committing the other.”
Requisites:
 That at least two offenses are committed. (EX. Falsification of a public document by an
accountable officer (altering the duplicate of the cedulas already issued to the other persons by
erasing the names originally written thereon and writing in their places new names) is an offense
which is necessary to commit malversation, which is another offense.
 That one or some of the offenses must be necessary to commit the other.
 That both or all the offenses must be punished under the same statute.

13. Subsequent acts of intercourse, after forcible abduction with rape, are separate acts of rape.
14. No complex crime when trespass to dwelling is a direct means to commit a grave offense.
 15. No complex crime, when one offense is committed to conceal the other. (EX. After committing
homicide, the accused, in order to conceal the crime, set fire to the house where it had been
perpetrated. – Setting fire to the house is arson. But in this case, neither homicide nor arson was
necessary to commit the other.
16. When the offender had in his possession the funds which he misappropriated, the falsification of
a public or official document involving said funds is a separate offense.
17. No complex crime where one of the offense is penalized by a special law.
18. Illegal possession of firearm is NOT a necessary means to commit homicide.
19. Illegal possession of firearm, when considered a special aggravating circumstance.
20. There is no complex crime of rebellion with murder, arson, robbery, or other common crimes.
21. When two crimes produced by a single act are respectively within the jurisdiction of two courts of
different jurisdiction, the court of higher jurisdiction shall try the complex crime.
22. The penalty for a complex crime is the penalty for the most serious crime, the same to be applied
in its maximum period. (When two felonies constituting a complex crime are punishable by
imprisonment and fine, only the penalty of imprisonment should be imposed.)
23. Article 48 applies only to cases where the Code does not provide a definite specific penalty for a
complex crime.
24. One information should be filed when a complex crimes is committed.
25. When a complex crimes is charged and one offense is NOT PROVEN, the accused can be convicted
of the other.
26. Article 48 DOES NOT apply when the law provides one single penalty for special comples crimes.
27. PLURALITY OF CRIMES – Plurality of crimes consists in the successive execution by the same
individual of different criminal acts upon any of which no conviction has yet been declared.
KINDS OF PLURALITY OF CRIMES
1. formal plurality
2. real or material plurality

*Article 48 provides for two cases of formal or ideal plurality of crimes. There is but one criminal
liability in this kind of plurality.
 In real or material plurality, there are different crimes in law as well as in the conscience of
the offender. In such cases, the offender shall be punished for each and every offense that he
committed. (EX. A stabbed B with a knife. Then, A also stabbed C. There are two crimes
committed. Note that there are two acts performed.)

28. Plurality of crimes VS Recidivism

In recidivism, there must be CONVICTION by final judgment of the first or prior offense; in plurality
of crimes, THERE IS NO CONVICTION of any of the crimes committed.

29. A person committing multiple crimes is punished with ONE penalty in the following cases:
 When the offender commits any of the complex crimes defined in Article 48
 When the law specifically fixes a single penalty for two or more offenses committed.
  When the offender commits continued crimes.

30. CONTINUED CRIME – A CONTINUED CRIME IS NOT A COMPLEX CRIME. a continued (continuous or
continuing) crime is a single crime, consisting of a series of acts but all arising from one criminal resolution.
A continuing offense is a continuous, unlawful act or series of acts set on foot by a single impulse and
operated by an unintermittent force, however long a time it may occupy. Although there is a series of
acts, there is only one crime committed. Hence, only one penalty shall be imposed.
 EXAMPLES – pages 683- 685 of book.

31. A continued crime is different from a transitory crime in criminal procedure to determine venue. An
example of transitory crime, also called a “moving crime” is kidnapping a person for the purpose of
ransom, by forcibly taking the victim from Manila to Bulacan where ransom was demanded. The offenders
could be prosecuted and tried either in Manila or in Bulacan.

32. When a transitory crime is committed, the criminal action may be instituted and tried in the court of
the municipality, city or province wherein any of the essential ingredients thereof took place. The
singleness of the crime, committed by executing two or more acts, is NOT CONSIDERED.

33. Distinguish real or material plurality from continued crime

 In real or material plurality as well as in continued crime, there is a SERIES OF ACTS performed by
the offender.
 While in real or material plurality, each act performed by the offender constitutes a separate
crime, because each act is generated by a criminal impulse; in continued crime, the different acts
constitute only one crime because all of the acts performed arise from one criminal resolution.
 FINALS
ARTICLE 49- Rules as to the penalty to be imposed upon the principals when the crime committed is
different from that intended
NOTES:
1. Article 49 has reference to the provision of the first paragraph of Article 4 which provides that criminal
liability shall be incurred “by any person committing a felony (delito) although the wrongful act done be
different from that which he intended.” Article 4 (1) covers aberration ictus – mistake in the blow, (2)
error in personae – mistake in the identity of the victim, (3) prater intentionem – where a more serious
consequence not intended by the offender befalls of the same person (EX. Pages 689 – 690)
2. Article 49 is applicable only when the intended crime and the crime actually committed are punishable
with DIFFERENT PENALTIES.
3. Article 49 distinguished from Article 48
 In Article 49, the lesser penalty is imposed, to be applied in the maximum period. In Article 48,
the penalty for the more or most serious crime shall be imposed, the same to be applied in its
maximum period.

ARTICLE 50 – Penalty to be imposed upon principals of a frustrated crime

The penalty next lower in degree than that prescribed by law for the consummated felony shall be
imposed upon the principals in a frustrated felony.

ARTICLES 51 TO 57
DIAGRAM OF THE APPLICATION OF ARTICLE 50 – 57

Consummated Frustrated Attempted

Principals 0 1 2
Accomplices 1 2 3
Accessories 2 3 4

0- represents the penalty prescribed by law in defining a crime, which is to be imposed on the principal in
a consummated offense, in accordance with the provisions of Article 46. The other figures represent the
degrees to which the penalty must be lowered, to meet the different situations anticipated by law.

I
PRINCIPAL CONSUMMATED
I I
ACCOMPLICE FRUSTRATED
II II
ACCESSORY ATTEMPTED
NOTES:
1. Articles 50 to 57 shall NOT APPLY to cases where the law expressly prescribes the penalty for a
frustrated or attempted felony, or to be imposed upon accomplices or accessories.
2. What are the bases for the determination of the extent of penalty to be imposed under the Revised
Penal Code?
 The stage reached by the crime in its development (either attempted, frustrated or
consummated)
 The participants therein of the persons liable.
 The aggravating or mitigating circumstances which attended the commission of the crime.
In the different stages of execution in the commission of the crime and in the participation therein of the
persons liable, the penalty is graduated by degree.

3. DEGREE- one entire penalty, one whole penalty, or one unit of the penalties enumerated in the
graduated scales provided for in Article 71.
 When there is mitigating or aggravating circumstances, the penalty is lowered or increased by
period only, except when the penalty is divisible and there are two or more mitigating and without
aggravating circumstances, in which case the penalty is lowered by degree.
4. PERIOD- minimum ,medium, maximum
5. A period of a divisible penalty, when prescribed by the Code as a penalty for a felony, is in itself a degree.

ARTICLE 58- Additional penalty to be imposed upon certain accessories (under paragraph 3 of Article
19)
NOTES:
1. Article 58 deals with COMPLEX CRIMES
2. Applies only to public officers who abused their public functions.

ARTICLE 59 – Penalty to be imposed in case of failure to commit the crime because the means employed
or the aims sought are impossible (IMPOSSIBLE CRIMES)
NOTES:
1. 2 classes of impossible crimes- PHYSICAL (killed in the bedroom cases) and LEGAL (watch)
2. Basis for imposition of proper penalty:
 Social danger
 Degree of criminality shown by the offender
3. Inadequate impossible crime (Judge Pi’s example of cyanide – fisherman)
4. Ineffectual means IN RE: impossible crimes – there is no provision in the law that punishes a person
because of ineffectual means (EX. coffeemate as poison)

ARTICLE 60- Exceptions to the rules established in Articles 50 to 57

NOTES:
1. Articles 50 to 57 DO NOT APPLY when the law expressly prescribes the penalty for a frustrated or
attempted felony or to be imposed upon accomplices or accessories.
2. Under the general rule, an ACOOMPLICE IS PUNISHED by a penalty one degree lower than the penalty
imposed upon the principal. BUT in two cases, the Code punishes an accomplice with the SAME PENALTY
IMPOSED UPON THE PRINCIPAL. They are:
1. The ascendants, guardians, curators, teachers and any person who BY ABUSE OF AUTHORITY,
or confidential relationship, shall cooperate as accomplices in the crimes of rape, acts of lasciviousness,
seduction, corruption of minors, white slave trade or abduction.
2. One who furnished the place for the perpetration of the crime of slight illegal detention. (EX.
did not last for more than 3 days)

Furnishing the place for the perpetration of the crime is ordinarily the act of an accomplice.

3. In certain crimes, the participation of the offender is that of an accessory because he perpetrates the
act after someone has committed counterfeiting or falsification. But the penalty for the act perpetrated
is one degree lower instead of two degrees lower in the following crimes:
1. Knowingly using counterfeited seal or forged signature or stamp of the President (penalty
shall only be 1 degree lower from the principal.
2. Illegal possession and use of a false treasury or bank note (regardless of the amount because
the act itself is punished)
3. Using a falsified document.
4. Using a falsified dispatch. (EX. messages- telegraphic message, wireless message, by
respected companies or institutions)

ARTICLE 61- Rules for graduating penalties

NOTES:
1. Article 61 also applies in determining the MINIMUM of the indeterminate penalty under the
Indeterminate Sentence Law.
2. The minimum of the indeterminate penalty is within the range of the penalty NEXT LOWER than that
prescribed by the RPC for the offense.
3. The lower penalty shall be taken from the graduated scale in Article 71. Scale No. 1 in Article 71
enumerates the penalties in the following order:
1. Death – indivisible
2. Reclusion perpetua – indivisible
3. Reclusion temporal - divisible
4. Prision mayor - divisible
5. Prision correccsional - divisible
6. Arresto mayor - divisible
7. Destierro - divisible
8. Arresto menor – divisib;e
9. Public censure (for judge pi, SUSPENSION) - indivisble
10. Fine

4. The divisible penalties are DIVIDED INTO THREE PERIODS – minimum, maximum, medium
5. Penalty imposed by RA 10951 in re: excessive fines – according to Judge Pi, Congress did not consider
the persons experiencing extreme poverty in imposing the law.
6. Examples. 702- 706.
7. Simplified rules:
 If the penalty prescribed by the Code consists in 3 periods, corresponding to different divisible
penalties, the penalty next lower in degree is the penalty consisting in the three periods down in
the scale.
 If the penalty prescribed by the Code consists in 2 periods, the penalty next lower in degree is the
penalty consisting in 2 periods down in the scale.
 If the penalty prescribed by the Code consists in only ONE PERIOD, the penalty next lower in
degree is the next period down the sale.

8. If the given penalty is composed of 1, 2, or 3 periods, the penalty next lower in degree should begin
where the given penalty ends, because otherwise, if it were to skip over intermediate ones, it would be
lower but NOT next lower in degree.

9. Mitigating and aggravating circumstances are DISREGARDED in the application of the rules for
graduating penalties.

ARTICLE 62- Effects of the attendance of mitigating or aggravating circumstances and of habitual
delinquency
NOTES:
1. Habitual delinquency is NOT a crime but it carries with it additional penalty.
It carries a real penalty that determines the jurisdiction of the court.
EX. Afflictive penalties- RTC and MTC

2. RECIDIVISM- NOT an aggravating circumstance. (same title NOT same chapter)

3. A habitual delinquent may be a habitual delinquent without being a recidivist.
EX. Theft- falsification are not in the same title in the RPC.

4. In habitual delinquent, there are 3 groups or titles

1. In connection with serious and physical injuries
2. Crimes against persons
3. Crimes against property

ARTICLE 63 – Rules on the Application of Indivisible Penalties

NOTES:
1. Reclusion perpetua – only indivisible
May effect ba na aggravating or mitigating? Generally, NO. Except if there is
privilege mitigating circumstance, then mitigating circumstance may be applied.
2. In basis of local customs, exempting children BELOW 15 years old is NOT compliant with the local
customs considering the proliferation of crimes committed by children.

Paragraph 2
EX. If Aggravating and mitigating circumstance are BOTH present:
1.) Determine first if capable of offsetting – EX. Generic and specific aggravating circumstance may be the
only ones that can offset.
2.) Ordinary mitigating circumstances – only ones that can be offset.

2 classes of mitigating circumstance:

1. privilege
2. ordinary

5 classes of aggravating circumstance:

1. qualified circumstance- raises the penalty of a crime committed.
2. special aggravating circumstance
 Abuse of public position (cannot be offset by any number of mitigating circumstance)
 Syndicated crime group with the purpose of gain
 Article 160 – quasi- recidivism (cannot be offset by any number of mitigating circumstance)

ARTICLE 65
NOTES:
1. If penalty is composed of 2 periods:
 If 2 aggravating an no mitigating – maximum of 2 periods
2. What if the penalty is composed only of 1 period?
In order to get the minimum, medium, and maximum period- convert 2 years
into days. There are 730 days in 2 years- to get the minimum, medium, and maximum period of prison
mayor minimum period, divide 730 to three= 243. Convert 243 days into months = 8 months. How do you
now apply the result? The basic number of years and days of prison mayor is 6 years and 1 day. Start from
there. So for the minimum, just add 8 months to 6 years and 1 day. The minimum period of prison mayor
minimum period is 6 years and 1 day to 6 years, 8 months, and 1 day. For medium period, it is 6 years, 8
months, and 1 day to 7 years, 4 months and 1 day. The maximum, just add 8 months again so 7 years, 4
months and 1 day to 8 years and 1 day.

ARTICLE 66
NOTES:
1. In imposing fines, courts may fix an amount of fine as long as it is within the limits of the law.
 Balance the imposition of penalties depending on the nature of living of the offender – Rule of
Law and Justice. EX. garbage collector VS. Henry Sy
2. If offender is above 15 and below 18
 15 years old – at the time of his 15th birth anniversary
  Penalty to be imposed is ALWAYS lower by one degree
3. If offender is below 15
 exempted from criminal liability
 penalty to be imposed is lower by 2 degrees
4. Discretionary penalty

ARTICLE 68
NOTES:
1. If offender is under 18 but over 15 and acted with discernment, the following rules shall be applied:
 Paragraph 1 of 68 is inapplicable because it concerns itself with offenders who are below 15 years
of age- RA 9344, RA 10630 – exempted from criminal liability
 PD 603, RA 9344, RA 10630 – entitled to the privilege circumstance (mitigating) of a child EX.
homicide
 If the act is attendant by 2 or more mitigating circumstances and no aggravating circumstance,
the penalty to be imposed, being indivisible (only future penalty that may be imposed) is entitled
to one or two degrees lower.
2. What if at 18, the Court still noticed that Child does not reform?
 Court will not schedule the promulgation of judgment and wait until the age of 21.
 The DSWD’s report must show that he is ready to be part of the community – schedule
promulgation of judgment and acquit.
 If report shows that child did not reform, Court will schedule promulgation of judgment. Penalty
to be imposed includes the time prior his rehabilitation. Here, if the penalty imposed is
correctional or light penalty or a fine or imprisonment, he may apply for PROBATION. Probation
is allowed if penalty imposed is correctional or light penalty. Correcional are those 40K- 1.2M or
imprisonment of 6 years.
 If he does not apply for probation and questions the decision of court, the applicable remedy is
to appeal the decision.
 If he appeals, generally, he will be on probation. Generally only because there is an exception. If
they appeal and if ever the decision of the lower court is reversed but the penalty that was
imposed in the lower court is correctional, and although the appeal was given due course and
modified by the appellate court, the penalty is still correctional- the child is NOT entitled to
probation.
 HOWEVER, under exceptional circumstances, under the Colmenares case wherein Colmenares
was charged with frustrated homicide. He is questioning the decision of the authorities because
instead of frustrated homicide, he believes that he should only be charged of attempted homicide
which is under the jurisdiction of the MTC and MCTC and the penalty to be imposed upon him is
a correctional penalty instead of prision correctional. He’s plead to the police officers were not
given a favourable action. So it was filed at the prosecutor’s office. Prosecutor transferred it to
another court. The court that was supposed to decide on his case, after trial, even if he has
presented evidence that the crime committed is attempted homicide and not frustrated
homicide, still, the court that tried it found that he was guilty of frustrated homicide and
 sentenced him to an afflictive penalty. He went to the SC. SC found that the wounds inflicted to
the offended party are not sufficient to cause his death so the SC ruled that Colmenares is guilty
of attempted homicide and NOT frustrated homicide and sentence him to a correctional penalty.
SC suggested that he may apply for probation at the court of origin since the penalty imposed was
correctional penalty- probationable. RULE: If rightful penalty to be imposed by the court of origin,
immediately avail yourself of probation. Do anymore appeal.
 RA 10707- if you are entitled to probation and you did not avail probation at that time, you cannot
avail it anymore.

ARTICLE 69
NOTES:
 Penalties that may be lower in 2 degrees.
 In relation to Article 11, paragraphs 1-3 and sometimes paragraph 4. Here, the element of
unlawful aggression must ALWAYS be present + 1 other element in order for the penalty to be 2
degrees lower. If this requirement is not met, penalty to be imposed is the discretion of the court.
 Appearance of a person in a court counts very much in the promulgation of judgment- together
with his manners and conduct. Otherwise, there is an impression that you are taking for granted
the Court of Justice.

ARTICLE 70
NOTES:
1. When there are 2 or more penalties, you can serve them simultaneously if the nature of the penalties
allow it. Otherwise, the following rules shall be observed.
2. What are 2 penalties that can be served simultaneously (SABAY not magkasunod)
 If a person is sentenced to imprisonment and another felony was committed which he was
sentenced to destierro. In Destierro, you don’t have to go to jail. Can they be served
simultaneously? YES. Because sending a person into prison is more than a punishment of
destierro. Therefore, once in jail, he is considered to be suffering from destierro. Hence, the 2
penalties can be served simultaneously.
 How about in suspension? The same. It can be served simultaneously.
 In imprisonment, it depends on the rules promulgated on the Revised Penal Code.
 Judge Pi’s opinion – He doesn’t think that death penalty should be included in Article 70 kasi wala
ng simultaneous na pwede dun if the offender is already dead.

ARTICLE 70
NOTES:
1. Judge Pi’s opinion- those enumerated in number 9 and number 10 should NOT be included because
they are NOT principal penalties, they are only accessory penalties.
2. 2 phases of suspension
 Principal penalty
 Accessory penalty
3. PUBLIC CENSURE – nasa gitna ng court and accused – being taught a lesson
 Does not involve imprisonment
 The Court will deliver a message to the accused. A message about the crime has committed and
damages it caused and future of the person who committed the felony. It is a reminder to not do
any violation of the law again.
4. Computation of 3- fold rule
 Applies only to a convict with 4 successive sentences
 40 years
5. The only 2 provisions in RPC book 1 that is applicable to RA 10951- Article 9 and Article 36.

ARTICLE 72 – Civil Liabilities

NOTES:
1. Civil liabilities include:
 Restitution
 Payment of damages caused
 Indemnification of consequential damages
 Fines
2. If guilty of 2 crimes, the service of sentence shall be by chronological order.
 EX. A pleaded not guilty of murder BUT he was found guilty of reclusion perpetua. While he’s case
is on appeal, he committed homicide. While case of homicide was pending, he was charged guilty
of rape with reclusion perpetua and damages. Here, the crime of rape is the first among the
violations that became final and executory. The liabilities under it shall be served first. In regard
with compensating damages, the civil liability of rape shall be first satisfied although it was the
last one committed. In some cases, if the offender has properties, most of his properties will be
adjudged to satisfy his civil liabilities. If ever there are properties left, pay the second liability
PROVIDED that such liability is final and executory already.

ARTICLE 75
NOTES:
1. To get the lower degree, you are going to compute. Fines:
 Minimum of fines- ½ of fines imposed by court (ALWAYS ½)
 Medium- ¾ of the fine imposed
 Maximum – whole amount

ARTICLE 76 – memorize

ARTICLE 79
NOTES:
1. How an insane person shall be treated?
 Suspension of proceedings and suspension of service of sentence- the court shall suspend either
or both.
  During the proceedings, if ever the person shows signs of insanity, the Court shall suspend and
send the person to any of the mental institutions and the proceedings will resume when the
Director of said institution and the Secretary of Health will recommend that accused is ready to
face trial.
 Every time that the accused regains his reason, the trial presumes and if insane ulit, suspend. The
same process goes on until the Court has found that the crime has already been served or
prescribed.
 Here, court has the authority to release final judgment- the reports provided for by the institution
are only supplementary.
 Every penalty that is indivisible and exceeds 1 year, the duty of the Court is to impose an
indeterminate sentence. If it does not exceed 1 year, the penalty must be a straight penalty.

2. In re: Imelda Marcos, RA3091 as amended by RA 4225- penalty is an indeterminate penalty of 1- 10

years. But Imelda’s penalty is 6- 11 years, how did they arrive with 11 years when 10 years is the
maximum?

3. Indeterminate Sentence Law

 Favorable to the person who has been convicted because if he already served the minimum of
sentence, it is the Board of Pardons that may give him parole.
 ISLAW provides that if the convict is qualified to enjoy the indeterminate sentence law if he does
not belong to those disqualified such as:
1. sentenced to death
2. sentenced to reclusion perpetua or life imprisonment (not qualified because
penalties are indivisible – no minimum, medium, maximum)
3. those convicted of crimes against national security and public order such as
treason, proposal to commit sedition, rebellion, coup d etat, espionage
 How is ISLAW executed?
If a person is guilty of a special law, minimum sentence shall be one degree
lower than that prescribed by law. It does not consider the existence of modifying circumstances.
Penalty to be imposed is always under the total discretion of the Court.
 Modifying circumstances fives effect in RA 4103 amended by RA 4225
EX. If recidivist, the Court will aggravate and the court will give penalty in its
maximum.
 What if the accused is NOT entitled to the indeterminate sentence law?
Penalty imposed is that imposable penalty under the law which cannot be
lowered by one degree. The maxmum cannot exceed the maximum imposed by law.

4. In relation to Act 4103 and 4225, the Court of Pardons and Parole must be composed of a
chairman and 4 Board Members. The Chairman is the Secretary of Justice. The President may
appoint a psychiatrist as member of the board as long as wala pang psychiatrist na member. Other
members of the board are either member of the academe or clinic. One of them must be a
 woman. The 4 members of the Board shall be appointed by the President subject to confirmation
of the Commission of Appointments. Chairman will receive an honorarium that is known to the
members of the board. He has a grade 30 salary range.

5. What if the person was given a parole and he violated the conditions such as reporting once a
month to the parole officer or participating in the activities of the barangay OR committed
another crime?
 The board may revoke parole and order his arrest
 Arrest and serve the remaining portion of the penalty imposed upon him
 Or not revoke but extend the service of
 Recommend to the president the computation of sentence for serving the penalty

ARTICLE 80 – suspension of sentence

NOTES:
1. According to Judge Pi, the term must be “Suspension of Proceeding” and NOT “Suspension of sentence”
2. At present, those who are covered by Article 80 are children over 15 but under 18 and committed a
felony or an offense.
 When a child has been a person of interest in a crime that has been committed and the peace
officers got a contact with him- such officer shall bring the child to the nearest office of DSWD.
 Upon presenting to the social officer, they shall determine if the crime committed is a light, less
grave or grave felony.
 If the felony is a light felony, the child must be brought to parents and the officer shall coordinate
with parents for the reformation of the children. HOWEVER, if under those enumerated in Section
57 of RA 9354 as amended by RA 10630, the child shall be subject to diversion because he is
exempted from criminal liability.
 If child is over 12 but not more than 15 and such child is a person of interest in a heinous crime or
a crime punishable by an afflictive penalty, the officer who has contact with him for the first time
shall bring the child to the nearest officer of DSWD- either local or national and present the child
to a social worker although exempted from liability.
 The officer or/and social worker shall proceed to the residence of the child and inform the
parents. If they found out that the child has no parents, DSWD will take custody of the child.
 Only a FAMILY COURT can try a child. This Court, together with the prosecution, will determine if
child is guilty or not guilty- either criminal or civil liability.
 Upon determination, there will be a suspension of proceeding – for the meantime, the child will
be placed in a rehabilitation center until he is ready for service of sentence which is 18 or 21 years
old depending upon the recommendation of the director of institution.
 If child is sent to the institution when he was only 16 years old, the Court will examine reports to
determine whether or not child has already reformed. If child has reformed, the Court will
promulgate judgment of acquittal without prejudice to his civil liability. If unfavourable report was
provided, the Court will wait until the child has reached the age of 21 and see if he or she has
reformed.
  Court will promulgate judgment – depending on the reformation of the child in the institution.
 If child is liable, the Court will now determine the civil liability that the child has acquired. If child
has civil liability and parents are insolvent, the separate properties of the parents shall be liable.

ARTICLE 81
 RA 9346 abolishes the death penalty.
ARTICLES 82, 83, 84, and 85

ARTICLE 86
NOTES:
1. Here, the Local Government Code is included through the Bureau of Jail and Penology.
2. Minimum penalty to be in Bureau of Corrections in Muntinlupa
2 years and 1 day UNLESS he is a child. Although he is supposed to serve, bata
pa so he shall serve in the Agricultural Penal Farm under the Bureau of Corrections.

3. Penal farms in the Philippines:

 New Bilibid Prison- Muntinlupa
 The Correctional Institution for Women in Mandaluyong
 Ihawig Prison and Penal Farm in Puerto Princesa, Palawan
 Sablayan Prison and Penal Farm in Occidental Mindoro
 San Ramon Prison and Penal Farm in Zamboanga City
 Leyte Regional Prison
 Davao Prison and Penal Farm
4. If less than 1 year, he shall serve at the City or Municipal Jail.
5. Municipal, City, and Provincial are under the Bureau of Jail and Penology of the Department of Interior
and Local Government.

ARTICLE 87
NOTES:
1. If the spouse caught his or her spouse having an affair, the court can issue a destierro since destierro is
a correctional penalty.
2. Two ways of sentencing the person from destierro:
 250m radius or radius from the point fixed by the court
 25km from the point fixed by the court
3. In relation to destierro:
 Death or physical injuries (People vs. Abarca)
 Concubinage
 Person who fails to give a bond or good behaviour (but sentence shall not exceed 1 year)
 When after computing the penalty imposed, the court reached destierro.
**Adultery is by IMPRISONMENT AND NOT DESTIERRO since adultery is motivated by lust and it
is a violation of vow on marriage.

People vs. Abarca

FACTS:
One day in 1984, Francisco Abarca, through a peephole, caught his wife having sexual intercourse
with one Khingsley Paul Koh inside the Abarca residence. The two also caught Abarca looking at
them and so Koh grabbed his pistol and thereafter Abarca fled. One hour later, Abarca, armed
with an armalite, went to the gambling place where Koh usually stays and then and there shot
Koh multiple times. Koh died instantaneously. However, two more persons were shot in the
adjacent room. These two other persons survived due to timely medical intervention.

Eventually after trial, Abarca was convicted of the complex crime of murder with frustrated
double murder.

ISSUE: Whether or not the judgment of conviction is correct.

HELD: NO. Abarca is entitled to the provisions of Article 247 of the Revised Penal Code which
provides: “Any legally married person who, having surprised his spouse in the act of committing
sexual intercourse with another person, shall kill any of them or both of them in the act or
immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the
penalty of destierro.”
Article 247 prescribes the following elements: (1) that a legally married person surprises his
spouse in the act of committing sexual intercourse with another person; and (2) that he kills any
of them or both of them in the act or immediately thereafter. These elements are present in this
case.
Even though one hour had already lapsed from the time Abarca caught his wife with Koh and the
time he killed Koh, the killing was still the direct by-product of Abarca’s rage. Therefore, Abarca is
not liable for the death of Koh.

However, Abarca is still liable for the injuries he caused to the two other persons he shot in the
adjacent room but his liability shall not be for frustrated murder. In the first place, Abarca has no
intent to kill the other two persons injured. He was not also committing a crime when he was
firing his gun at Koh – it being under Art. 247. Abarca was however negligent because he did not
exercise all precaution to make sure no one else will be hurt. As such, he shall be liable for less
serious physical injuries through simple negligence for the injuries suffered by the two other
persons who were in the adjacent room when the incident happened.
 ARTICLE 88- Arresto menor
NOTES:
1. Arresto menor must be serve at the municipality and if offender wants to serve it at home, it
must be under the control of a jail officer and only in cases of: serious illness and serious threats
to offender

2. During the time that he is serving his sentence, he cannot exercise any of his rights--- different
if he is a detention, or preventive suspension because in these cases, offender is NOT YET
imprisoned.

ARTICLE 89
NOTES:
1. Criminal liability is extinguished by:
 Death of the accused – here, civil liability is also distinguished. (In re: Pecuniary liabilities- People
vs. Sendaydiego)
 If the accused dies before the finality of judgment, civil and criminal liability are extinguished.
 Before, the law states that the heirs of the deceased shall be liable or shall execute action if victim
or accused is dead BUT there is a NEW RULING under People vs. Bayotas.
 Pecuniary liability- a personal, joint, or corporate monetary obligation to make good any lost,
damages, or destroyed property resulting from fault or neglect.

People vs. Bayotas

FACTS:
Rogelio Bayotas, accused and charged with Rape, died on February 4, 1992 due to cardio respiratory
arrest. The Solicitor General then submitted a comment stating that the death of the accused does not
excuse him from his civil liability (supported by the Supreme Court’s decision in People vs Sendaydiego).
On the other hand, the counsel of the accused claimed that in the Supreme Court’s decision in People vs
Castillo, civil liability is extinguished if accused should die before the final judgement is rendered.

ISSUE: Whether or not the death of the accused pending appeal of his conviction extinguish
his civil liability.

RULING:

The Court decided on this case through stating the cases of Castillo and Sendaydiego. In the Castillo case,
the Court said that civil liability is extinguished only when death of the accused occurred before the
final judgement. Judge Kapunan further stated that civil liability is extinguished because there will be “no
party defendant” in the case. There will be no civil liability if criminal liability does not exist. Further, the
Court stated “it is, thus, evident that… the rule established was that the survival of the civil liability depends
on whether the same can be predicated on the sources of obligations other than delict.

In the Sendaydiego case, the Court issued Resolution of July 8, 1977 where it states that civil liability will
only survive if death came after the final judgement of the CFI of Pangasinan. However, Article 30 of
the Civil Code could not possibly lend support to the ruling in Sendaydiego. Civil liability ex delicto is
extinguished by the death of the accused while his conviction is on appeal. The Court also gave a summary
on which cases should civil liability be extinguished, to wit:

Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as
the civil liability based solely thereon. Therefore, Bayotas’s death extinguished his criminal
and civil liability based solely on the act complained of.

*Article 89 of the RPC provides that by death of the convict, personal liabilities are extinguished, as to
pecuniary liability therefore is extinguished only when the death of the offender occurs before final
judgment.

SC rules in relation with Article 89 on People vs. Bayotas

1. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the
civil liability based solely thereon;

2. Corollarily, the claim for civil liability survives notwithstanding the death of the accused, if the same
may also be predicated on a source of obligation other than delict. Aricle 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: Law, Contracts, Quasi-contracts, Delicts…,Quasi-delicts;

3. Where the civil liability survives, an action for recovery therefore may be pursued but only by way of
separate civil action and may be enforced either against the executor/administrator of the estate of the
accused, depending on the source of obligation aside from delicts;

4. Finally, the private offended party need 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 1155 of the Civil Code,that should thereby avoid any apprehension on a possible
privation of right by prescription

2. Service of sentence
 Ends after completion of penalty imposed by the court
3. Pardon and amnesty
4. Partial extinction of criminal liability
 Conditional pardon
 Completion of penalty
5. Complete extinction if criminal liability
 Amnesty
 Absolute pardon
**However, if third person is affected, civil liability shall not be extinguished. EX. Trillanes case- PNOY
amnesty- glorietta, manila, peninsula, oakwood incident.

6. Amnesty- may be given at any stage- even after the accused is convicted (depends on the President)
7. Absolute pardon- given after a final judgment (final and executory) has been given by a competent court.
EX. Case of Fidel Ramos- the president cannot be castigated but the executive secretary was
castigated since he is an alter- ego of the president.

8. Robin Padilla case of illegal possession of firearms- pardon was given to him but pardon does not carry
with it the extinguishment of accessory penalties.

ACCESSORY PENALTIES IN PARDON

1. civil interdiction for life
2. absolute disqualification
 To vote and be voted for
3. absolute disqualification to hold public office
4. absolute disqualification in the practice of one’s profession or office

9. Absolute pardon- must only be exercised by the President and it is allowed when it is there is already a
conviction of final judgment.

10. When pardon is given and there is a question of whether or not there is an extinguishment of accessory
penalties, the burden to prove that is to the person who amnesty or pardon was given.

11. In case the case is pending tapos kelangan ng proof of amnesty, give a copy of amnesty through the
Official Gazette or any published newspaper of a general circulation.

PRESCRIPTION OF CRIME
1. Unreasonable delay- reason to dismiss the case; the accused may file this.

2. Prescription period:
 Prison mayor- 15 years
 Correctional- 10 years
 Arresto mayor- 5 years
 Libel- prescribes in 1 year
 Oral defamation (causes dishnor, disgrace and humiliation through oral actions), and libel (same
but in writing), slander- 6 months
 Death and reclusion perpetua- 30 years
 Reclusion temporal- 15 years
 Prison mayor- 15 years

3. If there are 2 penalties to be imposed (imprisonment and payment of fines), imprisonment will prevail
over fine.

4. In complex crimes and impossible crimes- look for the crime that has a higher penalty than the other and
it shall be the basis of prescription.

5. In prescription, there shall be a final judgment and Court has loss its power to punish because there is
lapse of time.

ARTICLE 91
1. Turkey and PH- no extradition treat EX. Sister of Ramon Revilla case- prescriptive period does not run.
ARTICLE 92
In prescription of penalties, there is 2 periods of suspension:
 No extradition treaty AND

ARTICLE 94
1. RA 10952
2. Allowance for loyalty
Not included in partial extinction of criminal liability. Judge Pi’s opinion: must be there because
he is entitled to deduction of original sentence.

3. Conditional pardon- delivered and accepted by the offender. It is a contract between the president and
the offender. If offender violated the conditions of pardon, he will be arrested.

4. Computation of sentence- if lowered by the court by 1 year, offender can apply for probation and can
still run for public office- he will be disqualified or removed in office if he violated the conditions of
probation (this is a new SC decision)

ARTICLE 95
1. Conditional pardon- correctional in nature
2. Evasion of sentence shall only be prison correctional.
3. If afflictive in nature, continue the service of sentence.

ARTICLE 97- MEMORIZE!!!

1. Positivist theory- first two years of preventive imprisonment. Here, the prisoners may teach each other
in jail.
2. There is a special allowance for loyalty and this takes place during misfortunes and calamity.
3. Mutiny
 Prisoner may choose to escape. If he surrenders within 24 hours, he is entitled to reduction of 2/5
regardless if habitual delinquent, recidivist, etc.
4. These allowances from Article 97 to Article 98 also applies to preventive imprisonment.

RA 9344
 Must be called “children” NOT minors.
 Kinds of children:
1.) those who are below 18 years of age and above 18 who are NOT able to take care of
themselves because of incapacity.
2.) those who are children at risk or those who are prone to the commission of offenses
such as street children
3.) children residing in rural areas
4.) neglected children (KINDS: over 12 but under 15 and committed a heinous crime,
children who are repeated offenders.

PD 603

If ever enumerated children committed an offense: (over 12 but under 15)

 Public officers shall inform the DSWD. The DSWD will record the offense and felony together
with the identity of the parents, residence, and other circumstances.
 The social worker and police officer will proceed to the house of the child- if parents are found,
they shall inform the parents.
  Upon information, a document will be prepared by the DSWD representative or social worker. This
document will serve as the ‘consent of parent’ whether or not they are willing to place their child
in an intensive care unit in Bahay Pag- Asa in no less than a year.
 If parents refuse, the DSWD social worker will come up with a form to state refusal on their part
to place their child in an intensive care unit in Bahay Pag-asa.
 The police officer shall proceed to DSWD and prepare document of an involuntary placement of
child in the intensive care unit.
 If any order has been issued by the Family Court, immediately proceed to the intensive care unit.

If child is a repeated offender:

 The officials shall determine first if child acted with discernment.
 If child did not act with discernment, he will proceed to the Bahay pag- asa for a peiod of not less
than one year- depending on the progress of reformation.
 If child acted with discernment, the trial will proceed.
 If child is found guilty, the Court will determine the exact penalty to be imposed to the child-
subject to mitigating, aggravating and modifying circumstances.
 After computing for the penalty, the Court will determine the civil liability to be imposed.
 In the suspension of sentence (judge pi: proceeding), it will be suspended until the child reaches
the age of 18.
 In the suspension, the child will be under a rehabilitation center until he reaches the age of 18. All
the government institution in charged will rehabilitation and reformation shall be informed.
 If after suspension the child has been reformed according to the report of the institution, the Court
will schedule the promulgation of judgment and acquit the child without prejudice to the civil
liability.
 If report does not show reformation on the part of the child, the child will remain in rehabilitation
until he reaches the age of 21
 If child reaches the age of 21 and the child has been reformed, the court will acquit and release the
child from rehabilitation.
 If child is 21 and a pronouncement of conviction has been made, there are civil and criminal
liability.
 If penalty imposed is 6 years below or a fine of 1.2 million and below, the child may apply for
probation.
 In probation, the court will order the prosecutor to commence an application for probation
 If application for probation is denied, the child will be sent to one of the penal farms.
 BUT if application for probation is approved, the child must reveal himself within 72 hours to the
Parole Commissions.
 Here, if the child denied that he committed the crime, the application for probation shall be denied
and he shall serve the sentence.
 If the child admitted to the commission of the crime, then they shall inform the authorized officers
that a parole is granted.

1. The court is require to conduct a post- sentence examination

 If may offense, the court will deny application for probation.
 If meritorious, the offender shall be transferred to any of the penal farms.
2. Children shall not be mixed with hard- core criminals at the Bureau of Corrections.
3. If there is reasonable doubt,
 at the age of 18- may be acquitted
 at the age of 21- court will choose to convict or acquit the child- depends- as long as there is
reasonable doubt. If heinous crime, the child will most probably be given a chance to reform.
4. STATUS OFFENSE
If an adult committed a violation and such adult was not punished for said violation. BUT when
the child committed the same act, he was punished. This is a case of status offense because if the adult was
not punished, child cannot be punished too. EX, curfew.

5. Section 57 (A) of RA 10630 and RA 9344 are NOT punishable. Therefore, if a person is arrested under
these provisions, such arresting officers are committing an unlawful arrest and arbitrary detention.

RA 9262
1. Section 3- children referred may be the children of other persons but under the same care and custody.
2. Causes of VAWC (Section 5)
 Physical harm
 Threat of physical harm
 Attempt of physical harm
3. Under Section 5, the law is clear that any person may be an offender under VAWC. A new jurisdiction
provides that when a woman is the offender to another woman, the offender woman may be convicted under
VAWC.
4. Penalty for murder and parricide- reclusion perpetua
5. Penalty for homicide- reclusion temporal.
*If attempted, 1 degree lower.
6. MUTILATION
Mayhem is included in mutilation- penalty is reclusion temporal.
7. Article 263
EX. If slight physical injuries is inflictive, it is not a violation of RA 9262 because walang provided
sa 9262 na slight physical injuries. Less physical injuries lang ang meron.