CRIMLAW REVIEWER

Arby S. Bautista Arellano University School of Law

CRIMINAL LAW - branch or division of law which defines crimes, treats of their nature and provides for their punishment CRIME - act committed or omitted in violation of a public law forbidding or commanding it *** SOURCES OF CRIMINAL LAW *** RPC and its amendments Special Penal Laws passed by: o Philippine Commission o Philippine Assembly o Philippine Legislature o National Assembly o Congress of the Philippines o Batasang Pambansa a legislative act which inflicts punishment without trial

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ARTICLE 1
Time when Act takes effect January 1, 1932 *** 2 Theories in Criminal Law *** o o CLASSICAL Theory basis is mans free will to choose between good and evil POSITIVIST Theory basis is sum of social and economic phenomena which conditions man to do wrong in spite of or contrary to his will

*** CHARACTERISTICS IF CRIMINAL LAW *** GENERAL o binding on all persons residing or sojourning in the Philippines EXCEPTION: o Treaty Stipulation o Laws of Preferential Stipulation o Principles of Public International Law TERRITORIAL o penal laws are enforceable only within its territory EXCEPTION: o Article 2 of RPC even on crimes committed outside the Philippine Archipelago PROSPECTIVE o acts committed after the effectivity of the law EXCEPTION: o When the law is favorable to the accused EX POST FACTO LAW makes criminal an act done before the passage of the law aggravates a crime or makes it greater that it was when committed changes the punishment and inflicts greater punishment deprives a person of some lawful protection to which he has become entitled BILL OF ATTAINDER

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ARTICLE 2
Application of RPC Not only within the Philippine Archipelago, including its atmosphere, interior waters, maritime zone and also outside of its jurisdiction against those who o commit an offense while on a Philippine ship or airship (vessels registered in the Philippine Bureau of Customs) o forge or counterfeit any coin of currency note of the Philippines Islands or obligations and securities issued by the Government of the Philippine Islands o liable for acts connected with the introduction into these Islands of the obligations and securities mentioned in the preceding number o while being public officers or employees, commit an offense in the exercise of their functions o commit any of the crimes against national security and the law of nations (defined in Title 1 of Book 2 of this Code) Rules as to jurisdiction over crimes committed aboard foreign merchant vessels while in the territorial waters of another country FRENCH Rule

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CRIMLAW REVIEWER
Arby S. Bautista Arellano University School of Law
not triable in the courts of a country unless the commission affects the peace and security of the territory ENGLISH Rule o triable in the courts of a country unless they merely affect things within the vessel only o NOTES: - Discernment is the mental ability to understand right or wrong and discerns the consequences

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ARTICLE 3
Definition of Felony FELONIES (delitos) - acts and omissions punishable by law/RPC Elements of Felonies There must be an act or omission The act or omission must be punishable by RPC The act is performed or the omission is incurred by means of dolo or culpa

INTENT The purpose to use a particular means to effect a result An element of a crime except in crimes committed with culpa Essential in intentional felonies

MOTIVE The moving power which impels to act Not an element of a crime Essential ONLY when the identity of the accused is in doubt

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ARTICLE 4
Criminal Liability can be incurred by the following: 1. any person committing a felony although the wrongful act done be different from that which he intended Requisites: o intentional felony has been committed o the wrong done to the aggrieved party is the direct, natural and logical consequence of the felony committed by the offender 2. any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means (impossible crime) Requisites: o act performed would be an offense against persons or property o act is done with evil intent o its accomplishment is inherently impossible o act performed should not constitute a violation of another provision of RPC

Classification of felonies according to the means by which they are committed Felonies by means of DECEIT (dolo) o act is performed with deliberate intent Requisites: freedom intelligence intent Felonies by means of FAULT (culpa) o wrongful act results from imprudence, negligence, lack of foresight or lack of skill Requisites: freedom intelligence imprudence, negligence, lack of foresight, lack of skill Crimes committed according to their wrongness MALA IN SE o merely evil and inherently wrong from their nature o punishable by the RPC MALA PROHIBITA o wrong because it is prohibited by law; acts made criminal by the law o punishable by special laws

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ARTICLE 5
Duty of the court with regards to act which should be repressed but which are not covered by the law

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CRIMLAW REVIEWER
Arby S. Bautista Arellano University School of Law
Render the proper decision Report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of penal legislation Submit to the CE, through the DOJ such statements as may be deemed proper (without suspending the execution of the sentence) when a strict enforcement of the provision would result in the imposition of an excessive penalty, taking into consideration a) the degree of malice and b) the injury caused by the offense. There is no attempted or frustrated impossible crime

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ARTICLE 7
When light felonies are punishable Punishable only when they have been consummated

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ARTICLE 6
Consummated, Frustrated and Attempted Felonies Stages of execution of felonies CONSUMMATED o all the elements necessary for the execution and accomplishment are present FRUSTRATED o offender performs all acts of execution o all the acts would produce the felony as a consequence o BUT the felony is not produced o by reason of causes independent of the will of the perpetrator

EXCEPTION: o those committed against persons or property LIGHT FELONIES - infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos, or both

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ARTICLE 8
Conspiracy and proposal to commit felony CONSPIRACY - when 2 or more persons come to an agreement concerning the commission of a felony and decided to commit it when the act is COMMITTED, conspiracy is only a manner of incurring criminal liability when the act is NOT COMMITTED, the accused is liable for conspiracy to commit a felony

ATTEMPTED o offender commences the felony directly by overt acts o does not perform all the acts which would produce the felony o acts are not stopped by cause or accident other than his own spontaneous desistance Development of Crimes INTERNAL acts o mere ideas in the mind EXTERNAL acts o preparatory acts o acts of execution

*** RPC provides a penalty for mere conspiracy of the following: o treason (against the external security of the State) o coup d etat, rebellion or insurrection (against the internal security of the State) o sedition (In conspiracy, the act of one is the act of all) PROPOSAL - when the person who has decided to commit a felony proposes its execution to some other person or persons

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ARTICLE 9
Grave, less grave, light felonies Classification of felonies according to GRAVITY GRAVE felonies

NOTES: - Formal Crimes are consummated in one instant, no attempt - Material Crimes have three stages of execution

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CRIMLAW REVIEWER
Arby S. Bautista Arellano University School of Law
o capital punishment or penalties which in any of their periods are afflictive, in accordance with Article 25 of this Code first 2 are present, 3rd requisite the person defending should not be induced by revenge, resentment or other evil motives o any person who, in order to avoid an evil or injury, does an act which causes damage to another evil sought to be avoided actually exists injury feared be greater than that done to avoid it no other practical and less harmful means of preventing it o any person who acts in fulfillment of a duty or in the lawful exercise of a right or office o any person who acts in obedience to an order issued by a superior for some lawful purpose Reasons why penal law makes self-defense lawful 1. Impossible for the State in all cases to prevent aggression upon its citizen and offer protection 2. Mans natural instinct to protect, repel and save his person or rights Peril to ones life: ACTUAL danger is actually in existence IMMINENT danger is on the point of happening NOTES: - There must be actual physical force or with actual use of weapon for it to be considered unlawful aggression - Slap on the face constitutes unlawful aggression - When the aggressor flees, theres no more unlawful aggression - Threatening preceded by an outward and material aggression is unlawful aggression - Reasonableness of the necessity depends upon such circumstances: o 1) necessity of the course of action taken o 2) place and occasion of the assault o 3) darkness of the night & surprise BATTERED WOMAN SYNDROME - R.A. 9262/Anti-Violence Against Women and their Children Act of 2004 - Do not incur criminal and civil liability

LESS GRAVE felonies o punished with penalties which in their maximum period are correctional, in accordance with the above-mentioned article LIGHT felony o infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos, or both is provided

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ARTICLE 10
Offenses not subject to the provisions of this Code Offenses which are in the future may be punishable under special laws are not subject to the provisions of this Code Shall be supplementary to such laws

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ARTICLE 11
Justifying Circumstances - those where the act of a person is said to be in accordance with law so that person is deemed not to transgressed the law and is free from both criminal and civil liability The following do not incur criminal liability: (DDDEFO DaDdy Danny Extraordinarily Fight Off) o defense of his person or rights unlawful aggression reasonable necessity of means employed lack of sufficient provocation o defense of the person or rights of his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, relatives by affinity in the same degree and those by consanguinity within the 4th civil degree first 2 are present, 3rd requisite the one making the defense should have no part therein o defense of the person or rights of a stranger

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CRIMLAW REVIEWER
Arby S. Bautista Arellano University School of Law

ARTICLE 12
Exempting Circumstances - those grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent Basis: - complete absence of intelligence, freedom of action or intent The following are exempt from criminal liability: (ImAPalaCIFp Im a palaka in foreign planet) o imbecile or insane person unless the latter has acted during lucid interval o a person above 15 but under 18 years of age o while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it o acts under compulsion of an irresistible force compulsion is by means of physical force physical force must be irresistible physical force must come from a third person o acts under an impulse of an uncontrollable fear of an equal or greater injury Irresistible force offender uses physical force or violence to compel another person to commit a crime Uncontrollable fear offender employs intimidation or threat to compel another person to commit a crime o fails to perform an act required by law, when prevented by some lawful or insuperable cause ABSOLUTORY CAUSES - act committed is a crime but for reasons of public policy and sentiment, no penalty is imposed on it NOTES: - There is crime committed but no criminal liability arise because of the absence of free will or voluntariness

An imbecile (advance in age but has a mental development comparable to that of a child between 2-7 years old) is exempt in all cases unlike an insane person INSTIGATION Instigator induces the would-be accused into the commission of the offense The law enforcer conceives the commission of the crime and suggests to the accused the ideas

ENTRAPMENT Ways and means are resorted to for the purpose of trapping and capturing the lawbreaker The means originates from the mind of the criminal

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ARTICLE 13
Mitigating Circumstances - those which, if present in the commission of the crime, do not entirely free the actor from criminal liability but serve only to reduce the penalty Basis: - diminution of freedom of action, intelligence, intent or on the lesser perversity of the offender Classes of Mitigating Circumstances ORDINARY Mitigating o penalty reduced to the minimum PRIVILEGED Mitigating o penalty reduced by 1 or 2 degrees lower

The following are mitigating circumstances: (MOHSIIVDIA My over hot sister is indeed very dumb, ill as always) o mentioned in the preceding chapter when all the requisites necessary to justify the act or exempt from criminal liability in the respective cases are not attendant o over 70 year of age o hand no intention to commit so grave a wrong as that committed o sufficient provocation or threat on the part of the offended party immediately preceded the act o act was committed in the immediate vindication of a grave offense to the one committing the felony, his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or

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CRIMLAW REVIEWER
Arby S. Bautista Arellano University School of Law
relatives by affinity within the same degrees acted upon an impulse so powerful as naturally to have produced passion or obfuscation the crime committed must be the result of a sudden impulse of natural and uncontrollable fury had voluntarily surrendered himself to a person in authority or his agents or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution deaf, dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense or communication with his fellow beings illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of consciousness of his acts any other circumstances of a similar nature and analogous to those abovementioned SPECIFIC o Apply only to particular crimes QUALIFYING o Change the nature of the crime INHERENT o Must of necessity accompany the commission of the crime

PLEA OF GUILTY offender spontaneously confessed his guilt confessions of guilt was made in open court confession of guilt was made prior to the presentation of evidence for the prosecution NOTES: - Plea of guilty is not mitigating in culpable felonies and in crimes punished by special laws - Not resisting arrest is not analogous to voluntary surrender

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ARTICLE 14
Aggravating Circumstances - those which, if attendant in the commission of the crime, serve to increase the penalty without exceeding the maximum penalty provided by law for the offense Basis: - greater perversity of the offender manifested in the commission of the felony Kinds of aggravating circumstances: GENERIC o generally apply to all crimes

The following are aggravating circumstances: (ACIAPNOARPPMECSTIUWUA Ako? CIA po na OA raw. Papa mo ex tiyo ni wuwa) Advantage be taken by the offender of his public position o Failure in official duties is tantamount to abusing of office Crime be committed in contempt or with insult to the public authorities o Public authority is engaged in the exercise of his functions o Public authority is not the person against whom the crime is committed o Offender knows that he is a public authority o His presence does not prevent the offender from committing the act Act be committed with insult or in disregard of the respect due the offended party on account of his rank, age or sex, or that it be committed in the dwelling of the offended party, if the later has not given provocation o RANK high social position or standing o AGE o SEX refers to female only o DWELLING building or structure exclusively used for rest and comfort o Offended party must not give provocation o Dwelling is aggravating in case of adultery Act be committed with abuse of confidence or obvious ungratefulness o ABUSE OF CONFIDENCE Offended party had trusted the offender Offender abused such trust by committing a crime against the offended party Abuse of confidence facilitated the commission of the crime

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CRIMLAW REVIEWER
Arby S. Bautista Arellano University School of Law
Crime be committed in the palace of the Chief Executive, or in his presence, or where public authorities are engaged in the discharge of their duties or in a place dedicated t religious worship Crime be committed in the nighttime or an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense o When it facilitated the commission of the crime o Especially sought for by the offender to insure the commission of the crime for the purpose of impunity o Offender took advantage for the purpose of impunity (to prevent his being recognized) o BY A BAND At least 4 armed malefactors shall have acted together in the commission of the crime Crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic, or other calamity or misfortune Crime be committed with the aid of armed men or persons who insure or afford impunity Accused is a recidivist Offender has been previously punished for an offense to which the law attaches equal or greater penalty or for two or more crimes to which it attaches a lighter penalty Crime be committed in consideration of a price, reward or promise Crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin Act be committed with evident premeditation o PREMEDITATION For the offender to reflect Craft, fraud or disguise be employed o CRAFT intellectual trickery on the part of the accused o FRAUD words or machinations used to induce the victim to act in a manner that would enable the offender to carry out his design o DISGUISE any device resorted to by the offender to conceal identity Advantage be taken of superior strength, or means be employed to weaken the defense o When a man attacked a woman o Intoxicating the victim to weaken defense Act be committed with treachery (alevosia) o When the offended party was not given the opportunity to defend himself o Applicable only to crimes committed against persons o Means, method or forms need not insure accomplished crime o Mode of attack must be consciously adopted Means be employed or circumstances brought about which add ignominy to the natural effects of the act o IGNOMINY circumstance pertaining to the moral order which adds disgrace to the material injury caused by the crime Crime be committed after an unlawful entry As a means to the commission of a crime, a wall, roof, door or window be broken Crime be committed with the aid of persons under 15 years of age or by means of motor vehicle, airships or other similar means Wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission o CRUELTY increasing the injury by causing other wrong o Had a deliberate intention to prolong the suffering of the victim

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ARTICLE 15
Alternative Circumstances - those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission Basis: - nature and effects of the crime and the other conditions attending its commission The alternative circumstances are: (RIDE) Relationship

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CRIMLAW REVIEWER
Arby S. Bautista Arellano University School of Law
MITIGATING crime against property; offended party is a relative of lower degree than the offender (offended < offender) o AGGRAVATING offended party is a relative of a higher degree than the offender or same level (offended > offender) Intoxication o MITIGATING not habitual; not subsequent to the plan to commit a felony o AGGRAVATING habitual; subsequent to the plan to commit a felony or intentional Degree of instruction and education of the offender o MITIGATING low degree or lack of instruction and education o AGGRAVATING high degree of instruction and education o Only natural person can be the offender Juridical persons are criminally liable under certain special laws

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ARTICLE 17
Principals The following are considered principals: (Tada! Diskarte Factor Challenge) Take a direct part in the executions of the act o Principal by direct participation o Participated in the criminal resolution o Carried out their plan and personally took part in its execution Directly force or induce others to commit it o Principal by induction by giving price or offering reward OR by using words of command o Inducement made directly with the intention of procuring the commission of the crime o Such inducement be the determining cause of the commission of the crime Cooperate in the commission of the offense by another act without which it would not have been accomplished o Principals by indispensable cooperation o There is wither anterior conspiracy or unity of criminal purpose and intention o Cooperated in the commission of the offense by performing another act

NOTES: - Mere illiteracy is not sufficient to constitute a mitigating circumstance, there must also be lack of intelligence - Degree of instruction is aggravating when the offender took advantage of it in committing the crime

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ARTICLE 16
Who are criminally liable For GRAVE & LESS GRAVE felonies Principals Accomplices Accessories For LIGHT felonies Principals Accomplices ACTIVE subject of crime o Criminal PASSIVE subject of crime o Injured party NOTES: - Accessories are NOT liable for light felonies because the social wrong done is so small that penal sanction is deemed not necessary

NOTES: - A conspirator is not liable for anothers crime which is not an object of the conspiracy - A collective criminal responsibility occurs when the offenders are criminally liable in the same manner and to the same extent

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ARTICLE 18
Accomplices - persons who, not being included in Article 17, cooperate in the execution of the offense by previous or simultaneous acts o Theres community of design knowing the criminal design of the principal

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CRIMLAW REVIEWER
Arby S. Bautista Arellano University School of Law
o o Cooperates in the execution of the offense by previous or simultaneous acts There be a relation between the acts done by the principal and the accomplice can be convicted even thought the principal has already been acquitted.

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ARTICLE 20
Accessories exempted from criminal liability An accessory is exempt from criminal liability when the principal is his/her Spouse Ascendant Descendant Legitimate, natural or adopted brothers or sisters, relative by affinity within the same degree

NOTE: - In case of doubt, the participation of the offender will be considered that of an accomplice rather than that of a principal - The cooperation of an accomplice is not due to a conspiracy - The wounds inflicted by an accomplice in crimes against persons should not have caused the death of the victim - Being present and giving moral support when a crime is being committed will make a person an accomplice

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ARTICLE 21
Penalties that may be imposed PENALTY - Suffering that is inflicted by the State for the transgressor if a law Purpose: - Secure justice Theories justifying penalty: PREVENTION o prevent or suppress the danger to the State SELF-DEFENSE o as a measure of self-defense as to protect the society from threat REFORMATION o to correct and reform the offender EXEMPLARITY o serve as an example and to discourage others from committing crimes

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ARTICLE 19
Accessories - those having the knowledge of the commission of the crime without having participated therein, either as principal or accomplice, take part subsequent to its commission in any of the following manners: o Profiting themselves or assisting the offender to profit by the effects of the crime o Concealing or destroying the body of the crime or the effects or instruments in order to prevent its discovery (corpus delicti body of the crime) o Harboring, concealing or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder or an attempt to take the life of the Chief Executive or is known to be a habitually guilty of some other crime 2 classes of accessories: PUBLIC OFFICERS PRIVATE PERSONS NOTES: - Conviction of the principal is not necessary for the accessory to be held criminally liable - When the responsibility of the accused as an accessory is already established, the accessory

JUSTICE o an act of retributive justice (No felony shall be punishable by any penalty not prescribed by law prior to its commission)

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ARTICLE 22
Retroactive effect of penal laws A penal law may be given retroactive effect when: It is favorable to the accused The accused is not a habitual delinquent

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CRIMLAW REVIEWER
Arby S. Bautista Arellano University School of Law
The law does not prohibit its retroactivity o o o Afflictive Correctional Light According to SUBJECT MATTER o Corporal o Deprivation of freedom o Restriction of freedom o Deprivation of rights o Pecuniary

HABITUAL DELINQUENT - A person who, within a period of 10 years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification, he is found guilty of any said crimes a third time or oftener

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ARTICLE 23
Effect of pardon by the offended party Does not extinguish criminal action EXCEPT as provided in Article 344 of this Code Pardon under Article 344 must be made before the institution of criminal prosecution

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ARTICLE 26
When is FINE afflictive, correctional or light penalty AFFLICTIVE o exceeds 6,000 pesos ( > 6000 ) CORRECTIONAL o does not exceed 6000 pesos but is not less than 200 pesos ( < 6000 but > 200 ) LIGHT o less than 200 pesos ( < 200 )

2 classes of injury: SOCIAL injury o Outcome of the offense PERSONAL injury o Caused to the victim of the crime who suffered damage

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ARTICLE 24
Measure of prevention or safety which are not considered penalties (Ako sa FOCM Dr. R) Arrest and temporary detention Commitment of a minor Suspension from the employment Fines and other corrective measures Deprivation of rights and the reparations

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ARTICLE 27
Duration of penalties RECLUSION PERPETUA o 20 years and 1 day to 40 years RECLUSION TEMPORAL o 12 years and 1 day to 20 years

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ARTICLE 25
Penalties which may be imposed CLASSIFICATION o Principal expressly imposed by the court in the judgment of conviction Divisible fixed duration, divisible into three periods Indivisible no fixed duration o Accessory deemed included in the principal penalty

PRISION MAYOR AND TEMPORARY DISQUALIFICATION o 6 years and 1 day to 12 years PRISION CORRECCIONAL, SUSPENSION AND DESTIERRO o 6 months and 1 day to 6 years ARRESTO MAYOR o 1 month and 1 day to 6 months ARRESTO MENOR o 1 day to 30 days BOND TO KEEP THE PEACE o discretionary on the court

According to GRAVITY o Capital

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ARTICLE 28
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CRIMLAW REVIEWER
Arby S. Bautista Arellano University School of Law
Computation of penalties Offender is IN PRISON o from the day on which the judgment of conviction becomes final Offender is NOT IN PRISON o from the day that the offender is placed at the disposal of judicial authorities for the enforcement of the penalty Other penalties o from the day the offender commences to serve his sentence the rules that apply to imprisonment deducted in 4/5 (80%) if the detention prisoner did not agree to abide to the rules that apply to imprisonment o PRE-SENTENCE Benefit when the accused has undergone P.I. which is equal or greater the possible sentence, he shall be released immediately but the trial will still proceed. when it is destierro, s/he shall be released after 30 days of P.I. o According to SEC. 16 of RULE 114 (Rules on Criminal Procedure) when the accused has undergone P.I. which is equal or greater than the minimum of the possible penalty that may be imposed on him, the amount of bail shall be reduced or s/he be released in cognizance subject to the discretion of the court EXCEPTION: o when they are recidivists or have been convicted previously twice or more times of any crime o when they failed to surrender voluntarily upon being summoned for the execution of their sentence

Rules in temporary penalties (TAD, TSD, suspension) Offender UNDER DETENTION o from the day on which the judgment of conviction becomes final Offender NOT UNDER DETENTION o from the day the offender commences to serve his sentence

Rules in deprivation of liberty (imprisonment, destierro) Offender NOT IN PRISON o from the day that the offender is placed at the disposal of judicial authorities for the enforcement of the penalty Offender UNDERGOING PREVENTIVE IMPRISONMENT o from the day the offender commences to serve his sentence (but offender is entitled to a deduction of full or 4/5 of the time of his detention)

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ARTICLE 30
Effects of the penalty of Perpetual or Temporary Absolute Disqualification (TAD) DEPRIVE POE - deprivation of public office and employment DEPRIVE RV - deprivation of the right to vote and be voted in any election DISQUALIFY TOPE disqualification for the offices or public employment LOSS RRPOP loss of all rights to retirement pay or other pension

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ARTICLE 29
Preventive Imprisonment (P.I.) - duration of time that an accused has been imprisoned or detained although there was no conviction and final judgment yet 3 kinds of Preventive Imprisonment o POST-SENTENCE Benefit deducted in FULL if the detention prisoner agrees voluntarily in writing to abide to

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ARTICLE 31
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CRIMLAW REVIEWER
Arby S. Bautista Arellano University School of Law
Effects of the penalty of Perpetual or Temporary Special Disqualification (TSD) DEPRIVE TOEPOC deprivation of the office, employment, profession or calling affected DISQUALIFY SOE disqualification for holding similar office or employments *** If the person sentenced fail to give the bond *** detained for a period which will not exceed (six)6 months (grave or less grave felony) detained for a period which will not exceed (thirty)30 days (light felony)

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ARTICLE 36
Effects of Pardon SHALL NOT RESTORE the right to hold public office or right to suffrage EXCEPTION: o Expressly restored by the terms of the pardon SHALL NOT EXEMPT the culprit from the payment of civil indemnity *** Limitation on the pardoning power *** 1. only AFTER conviction 2. does not extend to impeachment cases NOTES: - Pardon does not include the extinguishment of accessory penalty PARDON BY THE Chief Executive Offended Party EXTINGUISHES the DOES NOT criminal liability EXTINGUISH criminal liability CANNOT include civil CAN WAIVE the civil liability which the offender liability which the offender must pay must pay granted only AFTER be given BEFORE THE CONVICTION and may INSTITUTION of criminal be extended to any of the prosecution and must be offenders extended to both offenders

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ARTICLE 32
Effects of the penalty of TSD for Right of Suffrage CANNOT vote or be voted perpetually or during the term of the sentence

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ARTICLE 33
Effects of the penalty of suspension from TOEPOC or Right of Suffrage DISQUALIFY the offender from holding office and exercising his profession and right of suffrage during the term of the sentence

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ARTICLE 34
Effects of the penalty of Civil Interdiction DEPRIVE the rights of o PA/G parental authority or guardianship o MA marital authority o Manage his property o Dispose his property

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ARTICLE 35
Effects of the penalty of Bond to keep the peace present two sufficient sureties o that the person will not commit the offense sought to be prevented

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ARTICLE 37
What are included in costs Fees Indemnities damages) (security against loss or

*** In case such offense was committed *** o they will pay the amount determined by the court o deposit such amount in the office of the clerk of the court to guarantee such undertaking

NOTE: - The payment of cost rests upon the discretionary of courts

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CRIMLAW REVIEWER
Arby S. Bautista Arellano University School of Law

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ARTICLE 38
Pecuniary liabilities (order of payment) - in case the property of the offender is not sufficient for the payment of the pecuniary liabilities when Article 28 is applicable Reparation of the damage caused Indemnification of the consequential damage Fine Cost of the proceedings NOTE: - Courts cannot disregard the order of payment

penalty imposed is higher than prision correccional for failure to pay pecuniary liabilities penalty imposed is fine and a penalty not to be executed by confinement and has no fixed duration NOTES: - SI must be imposed in the judgment of conviction (judgment expressly provides) - Convict who has property enough to meet the fine and not exempt from execution cannot choose to serve the subsidiary penalty instead of paying the fine - A fine cannot be reduced or converted into a prison term - No SI if the accused is a habitual delinquency

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ARTICLE 39
Subsidiary penalty - if the convict has no property to meet the fine at the rate of one day for each eight pesos 1. If principal penalty imposed is prision correccional or arresto and fine o remain under confinement until his fine is satisfied o subsidiary imprisonment (SI) shall not exceed 1/3 of the term of the sentence 2. If principal penalty imposed is only a fine o SI shall not exceed 6 months (grave or less grave felony) o SI shall not exceed 15 days (light felony) 3. If principal penalty imposed is higher than prision correccional o no SI shall be imposed 4. If principal penalty imposed is not to be executed by confinement but with fixed duration o convict shall continue to suffer the same deprivation 5. Subsidiary personal liability which the convict have suffered by reason if insolvency o shall not relieve him from the fine in case his financial circumstance should improve *** No Subsidiary Penalty in the following ***

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ARTICLE 40
DEATH and its accessory penalties (AP) Perpetual absolute disqualification Civil interdiction during 30 years following the date of sentence

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ARTICLE 41
RECLUSION PERPETUA & TEMPORAL and its AP Perpetual absolute disqualification Civil interdiction for life or during the sentence

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ARTICLE 42
PRISION MAYOR and its AP Temporary absolute disqualification Perpetual special disqualification from the right of suffrage

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ARTICLE 43
PRISION CORRECCIONAL and its AP Suspension from public office, the right to follow a profession or calling Perpetual special disqualification from the right of suffrage (only if imprisonment exceed 18 months)

Machiavellian Princess 13

CRIMLAW REVIEWER
Arby S. Bautista Arellano University School of Law

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ARTICLE 44
ARRESTO and its AP Suspension of the right to hold office and the right of suffrage during the term of the sentence

NOTES: - Graduation of penalties/Staged or execution Consummated Frustrated Attempted Degree of the criminal participation of the offender Principal Accomplice Accessory

NOTES: - No AP for Destierro and Death Penalty - AP need not to be expressly imposed, it is deemed imposed

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ARTICLE 45
Confiscation and forfeiture of the proceeds or instruments of the crime 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 The proceeds and instruments or tolls of the crime are confiscated and forfeited in favor of the Government Property of a 3rd person not liable for the offense is not subject to confiscation and forfeiture Property not subject of lawful commerce (whether it belongs to the accused or to a 3rd person) shall be destroyed

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ARTICLE 47
Automatic review of death penalty cases Records shall be forwarded to the SC for review within 20 days but not earlier than 15 days after promulgation of the judgment

*** when death penalty shall not be imposed *** 1. Over 70 years of age 2. Below 18 years at the commission of the crime 3. No majority from the SC NOTE: - Death penalty is not anymore allowed in our country

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ARTICLE 48
Penalty for Complex Crimes Penalty for most serious crime shall be imposed in its maximum period

NOTES: - Confiscation and forfeiture not ordered by the trial court may be imposed by the appellate court when the accused has appealed - Articles which are forfeited, (when the order of forfeiture is already final) cannot be returned even in case of an acquittal - Confiscation can be ordered ONLY if the property is submitted in evidence or placed at the disposal of the court

COMPLEX CRIME - A single act constitutes two or more grave or less grave felonies or when - An offense is a necessary means for committing the other *** 2 kinds of complex crime *** Compound Crime single act constitutes two or more grave or less grave felonies Complex Crime Proper an offense is a necessary means for committing the other *** Requisites of a Complex Crime Proper *** o at least 2 offenses are committed

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ARTICLE 46
Penalty to be imposed upon principals in general Upon the principals for consummated felony EXCEPTION: o When the law fixes a penalty for frustrated or attempted felony

Machiavellian Princess 14

CRIMLAW REVIEWER
Arby S. Bautista Arellano University School of Law
o one or some of the offenses must be necessary to commit the other o both or all offenses must be punished under the same statute SINGLE-CRIMINAL IMPULSE THEORY - when it is not certain who among the accused killed or injured each of the several victims PLURALITY OF CRIMES - successive execution by the same individual of different criminal acts upon any of which no conviction has yet been declared *** 2 kinds of plurality of crimes *** Formal or Ideal Plurality there is one criminal liability in this kind Real or Material Plurality offender will be punished for each and every offense that he committed

ARTICLE 49
Penalty to be imposed upon the principals when the crime committed is different from that intended FC

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FI = FI in its maximum period

(Penalty for the felony committed penalty for the felony that the accused intended to commit = penalty for the felony that the accused intended to commit in its maximum period) FC

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FI = FC in its maximum period

(Penalty for the felony committed penalty for the felony that the accused intended to commit = penalty for the felony committed in its maximum period) Penalty provided for the attempt or frustrated in its maximum period If the acts committed by the guilty person also constitutes an attempt or frustration of another crime, if the law prescribes a higher penalty for either, the penalty provided for the attempt or frustrated crime shall be imposed in the maximum period ***Paragraph 1 of Article 49 covers *** o Aberratio Ictus mistake in the blow; gives rise to a complex crime Error in personae o mistake in the identity of the victim Praeter intentionem o where a more serious consequence not intended by the offender befalls the same person

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CONTINUED OR CONTINUOUS CRIME - constitutes series of acts of single offense which is a delictual act committed almost at the same time and same place impelled by one criminal intent not capable of division (only 1 penalty shall be imposed) TRANSITORY CRIME - moving crime; committed in different places and can be tried in any place where any of the elements of the crime occurred NOTES: - A complex crime is only one crime - CC is applicable to crimes through negligence - In CC, there must be a single purpose - No CC when one offense is committed to conceal the other - No CC where one is penalized by a special law Ordinary CC Single act constituting two or more grave or less grave felonies or when an offense is a necessary means for committing the other Penalty for the most serious crime shall be imposed Special CC Two or more felonies but which the law punished with only a single penalty The provision of the law itself provides for a single punishment NOTE: -

Article 49 applies only when there is a mistake in the identity of the victim of the crime Article 49 is applicable only when the intended crime and the crime actually committed are punished with different penalties

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Machiavellian Princess 15