Preliminary Title Date of Effectiveness and Application: Culpa

Preliminary Title DATE OF EFFECTIVENESS AND APPLICATION 1. Time when Act takes effect.
This code shall take effect on the 1st day of January, 1932. 2. Application of its provisions. Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: 1. Should commit an offense while on a Philippine ship or airship 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code. Philippine vessel or aircraft (merchant ships) o Merchant ships o Must be registered in the Phil. Bureau of Customs o If a Philippine vessel is in foreign territory, and a crime is committed on the said vessel, the laws of the said foreign country will apply o If there is a continuing offense on board a foreign vessel and the said vessel docked at the Philippine port, Philippines will have jurisdiction and the crime is triable here o For foreign merchant vessel, crimes will only be triable if the vessel landed on a Philippine soil or docked at the Philippine terminal point o Rules as to jurisdiction over crimes committed aboard foreign merchant vessels on a foreign territory: 1. French rulesuch crimes are not triable in the Courts of that country, unless their commission affects the peace and security of the territory or the safety of the state is endangered
2. English rulesuch crimes are triable in that country, unless they merely affect things within the vessel or they refer to the internal management thereof Philippine courts have no jurisdiction over offenses committed on board foreign warships in territorial waters Title One FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY Chapter One FELONIES
3. Definitions. Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa). There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. Elements of felonies: 1. There must be an act or omission 2. The act or commission must be punishable by law 3. The act is performed or the omission incurred by means of dolo or culpa Actan external act which has direct connection with the felony o Only external act is punishable Omissioninaction o Failure to perform a positive duty which is one is bound to do o The omission must be punishable by law There is no crime when there is no law punishing itnulla crimen, nulla poena sine lege Classification of felonies: 1. Intentional felonies (dolo) o The act or omission is malicious and is performed with deliberate intent o It must be voluntary o Requisites:
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Crim 1 Notes (AY 2010-2011)
a. Freedom b. Intelligence c. Intentexistence is shown by overt acts It is presumed from the commission of an unlawful act It is necessary for intentional felonies 2. Culpable felonies (culpa) o Act or omission is not malicious and the injury caused is unintentional resulting from imprudence, negligence, lack of foresight, or lack of skill o Negligencedeficiency of perception or lack of foresight Failure to pay attention and to use due diligence o Imprudencedeficiency of action or lack of skill Failure to take necessary precaution to avoid injury o Requisites: a. Freedom b. Intelligence c. Imprudent, negligent, lack of foresight or lack of skill Mistake of fact o Ignorance relieves the accused from criminal liability o Requisites for defense: 1. The act done would have been lawful had the facts been as the accused believed them to be 2. Intention of the accused in performing the act should be lawful 3. The mistake must be without fault or carelessness on the part of the accused Classes of crimes: 1. Intentional or culpable feloniespunished by the Revised Penal Code 2. Crimes punished by special laws o Dolo is not required o The act alone, irrespective of its motives, constitutes the offense o Motivemoving power to do an act for a definite result It is not an essential element of a crime Only relevant to testimony of witnesses: a. If there is doubt in the identity of the assailant b. If evidence is merely circumstantial o Mala prohibitawrong because it is prohibited by statute o Mala in sewrong in nature
4. Criminal liability. Criminal liability shall be incurred: 1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended. 2. By 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 an account of the employment of inadequate or ineffectual means. He who is the cause of the cause is the cause of the evil caused o Not criminally liable if: a. There is no provision in the RPC which punishes the act b. The law allows the person to use necessary force to retain what belongs to him o Criminally liable if: a. There is error in personae or mistake of identity b. There is a mistake in the blow c. The injurious result is greater than that intended o Requisites: 1. An intentional felony has been committed A man who creates a sense of danger in the mind of another is responsible for the resulting injuries 2. The wrong done be direct, natural and logical consequence of the felony committed Proximate causea cause which, unbroken by any efficient intervening cause, produces the injury and without which the result would not have occurred Not a proximate cause: a. There is an active force that intervened which is a distinct or foreign act from the accused b. The resulting injury is due to the intentional act of the victim Impossible Crimes o There is no attempted or frustrated o Penalty is arresto mayor or a fine of 200 to 500 pesos o Punishable to suppress criminal propensity or criminal tendency o Requisites: 1. The act performed would be an offense against persons or property 2. The act was done with evil intent 3. Its accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual
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4. The act performed should not constitute a violation of another provision of the RPC 5. Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties. Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall 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 legislation. In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense. Based on nullum crimen, nulla poena sine lege Contemplates a trial of a criminal case 6. Consummated, frustrated, and attempted felonies. Consummated felonies as well as those which are frustrated and attempted, are punishable. A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. There is an attempt when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. Development of crime: 1. Internal actsmere ideas in the mind and are not punishable 2. External acts
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a. Preparatory actsordinarily, they are not punishable except buying a picklock (art. 304) b. Acts of executionpunishable under RPC I. First Stage: Attempted Felony (elements) a. Offender commences the commission of the felony directly by overt acts No wound or the inflicted wound is not mortal There should be an external act and it has direct connection with the crime intended to be committed Indeterminate offensepurpose of the offender in performing an act is not certain b. Does not perform all the acts of execution c. By reason of some cause or accident d. Other than his own spontaneous desistance o In attempted felony, the offender never passes the subjective phase of the offense o The offender begins the commission of the crime to the point where he still has control over his acts II. Second Stage: Frustrated Felony o Infliction of mortal wound o Reached the objective phase o Elements: a. Performs all the acts of execution which would produce the felony b. Do not produce the felony c. Independent of the will of the perpetrator Timely intervention of a 3rd person If it comes from the perpetrator himself, this element does not exist I. Third Stage: Consummated Felony o All the elements necessary for its execution and accomplishment are present o Determination of the stages: 1. Nature of the offense or crime 2. Elements constituting the felony 3. Manner of committing the felony a. Formal Crimesconsummated in one instant, no attempt b. Crimes consummated by mere attempt or proposal by overt act c. Felony by omission
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d. Crimes requiring the intervention of 2 persons to commit them are consummated by mere agreement e. Material crimeshas 3 stages of execution 7. When light felonies are punishable. Light felonies are punishable only when they have been consummated, with the exception of those committed against person or property. Infractions of law for the commission which the penalty of arresto menor or a fine not exceeding 200 pesos or both, is provided Arresto menorimprisonment from 1 to 30 days Light felonies committed against persons or property are punishable even if frustrated or attempted Light felonies committed against persons a. Slight physical injuries b. Intriguing against honor Light felonies committed against property a. Theft b. Malicious mischief c. Alteration of boundary marks 8. Conspiracy and proposal to commit felony. Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. General Rule: conspiracy and proposal are not punishable because they are only deemed as preparatory acts Exception: it is only punishable if the law specifically provides for a penalty therefor Conspiracythe act of one is the act of all o If it is only a manner of incurring criminal liability, then it is not punishable as a separate offense Proposalit is not necessary that the person to whom the proposal is made agrees o There is no criminal proposal when:
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1. The person who proposes is not determined to commit the felony 2. There is no decided, concrete and formal proposal 3. It is not the execution of a felony that is proposal 9. Grave felonies, less grave felonies and light felonies. Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of this Code. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned article. Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 200 pesos or both; is provided. Afflictive penalties: 1. Reclusion perpetuafrom 20 years and 1 day to 40 years 2. Reclusion temporalfrom 12 years and 1 day to 20 years 3. Perpetual or temporary absolute disqualification 4. Perpetual or temporary special disqualification 5. Prision mayorfrom 6 years and 1 day to 12 years Correctional penalties: 1. Prision correccionalfrom 6 months and 1 day to 6 years 2. Arresto mayorfrom 1 month and 1 day to 6 months 3. Suspension 4. Destierro 10. Offenses not subject to the provisions of this Code. Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary. Special legal provisions prevail over general ones Special law o A penal law which punishes act not defined and penalized by RPC o A statute enacted by the legislative branch, penal in character, which is not an amendment to the RPC
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Chapter Two JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY 11. Justifying circumstances. The following do not incur any criminal liability: The act of the person is said to be in accordance with law There is no criminal liability, hence, there is no crime and no criminal There is also no civil liability except in No. 4 A. Anyone who acts in defense of his person or rights, provided that the following circumstances concur; First. Unlawful aggression. Second. Reasonable necessity of the means employed to prevent or repel it. Third. Lack of sufficient provocation on the part of the person defending himself. Self-defense o The burden of proof rests upon the accused o Rights included are: a. Right to life b. Right to property c. Right to honor d. Right to chastity o Based on the impulse of self-preservation born to man and offers protection to the person unjustly attacked Unlawful aggressionan assault or at least threatened assault of an immediate and imminent kind o There must be an actual physical assault or threat to inflict injury, or the accused believe that there is danger o Present on the part of the person injured or killed by the accused o There is peril to ones life, limb or right that is actual or imminent o Not an unlawful aggression: a. Paramour killed the offended husband b. Foot-kick greeting c. Retaliation d. Voluntarily joined a fight e. Insulting words
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f. A light push on the head with a hand g. Threat to inflict injury without action o Reasons that can belie the claim of self-defense: a. Nature, character, location and extent of the wound b. Improbability because of age or sex c. fleeing Reasonable necessity: 1. Necessity of the course of action taken o The place and occasion must be considered 2. Necessity of the means used o Must be rationally necessary o The test will depend upon: a. Nature and quality of the weapons b. Physical condition, character and size Requisites of Lack of sufficient provocation: 1. When no provocation at all was given to the aggressor by the person defending himself 2. Even when a provocation was given, it was not sufficient 3. If the provocation is sufficient, it was not given by the person defending himself 4. Even if a provocation was given by the person defending himself, it was not proximate and immediate to the act of aggression B. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the revocation was given by the person attacked, that the one making defense had no part therein. Defense of Relativesbased on a humanitarian sentiment and also upon an impulse of blood C. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this article are present and that the person defending be not induced by revenge, resentment, or other evil motive. Defense of a Stranger
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o Strangers are also those who are not included in the enumeration of relatives D. Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided that the following requisites are present; First. That the evil sought to be avoided actually exists; Second. That the injury feared be greater than that done to avoid it; Third. That there be no other practical and less harmful means of preventing it. Covers injury to persons and damage to property Civil liability is borne by the persons benefited The greater evil should not be brought about by the negligence or imprudence of the actor Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. Not necessary that there is unlawful aggression against the person exercising his right to property Any person who acts in obedience to an order issued by a superior for some lawful purpose. When the order is unlawful or illegal, the subordinate who obeyed it will be criminally liable
E. F.
12. Circumstances which exempt from criminal liability. The following are exempt from criminal liability: Non-imputability Based on the complete absence of intelligence, freedom of action, or intent, or on the absence of negligence on the part of the accused There is a crime but no criminal liability, hence, no criminal There is civil liability except in nos. 4 and 7 Must be proved by the defendant A. An imbecile or an insane person, unless the latter has acted during a lucid interval. When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for
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persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court. Based on the complete absence of intelligence, an element of voluntariness Imbecileone who, while advanced in age, has a mental capacity comparable to that of children between 2 and 7 years of age o Exempt in all cases Insanityone who is deprived completely of reason or discernment and freedom of the will at the time of committing the crime o During a lucid interval, the insane acts with intelligence, hence, is not exempt Court has no power to permit the insane person to leave the asylum without first obtaining the opinion of the Director of Health that he may be released without danger The defense must prove the condition through circumstantial evidence because the presumption is in favor of insanity If the insanity is only occasional or intermittent in its nature, the presumption is that the offense was committed during a lucid interval Examples of insanity: a. Dementia praecox b. Schizophrenia c. Kleptomania d. Epilepsy e. Somnambulism f. Suffering from malignant malaria B. A person under nine years of age. Repealed by RA 9344 Juvenile Justice and Welfare Act of 2006 o A person 15 years of age and under Based on the complete absence of intelligence C. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code. When such minor is adjudged to be criminally irresponsible, the court, in conformably with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education otherwise,
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he shall be committed to the care of some institution or person mentioned in said Art. 80. Repealed by RA 9344 o A person above 15 years but below 18 years of age o Exempt if the person acted without discernment o Not exempt if the person acted with discernment Discernmentmental capacity to understand the difference between right and wrong o Shown by: a. Manner the crime was committed b. Conduct of the offender after its commission The person is subjected to an intervention program if acted with discernment D. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. Accidentsomething that happens outside the sway of our will E. Any person who act under the compulsion of irresistible force. Based on the complete absence of freedom Irresistible forceproduces an effect to an individual which reduces him to a mere instrument o The use of violence or physical force to compel another to commit the crime F. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. Employs intimidation or threat in compelling to commit a crime The fear must be real and imminent G. Any person who fails to perform an act required by law, when prevented by some lawful or insuperable cause. Based on the absence of intent Absolutory causesthe act committed is a crime but for reasons of public policy and sentiment, there is no penalty imposed a. Justifying circumstances b. Exempting circumstances c. Spontaneous desistance during attempted case d. Light felony is only attempted or frustrated, and is not against persons or property e. Accessory is a relative of the principal
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f. Legal grounds for arbitrary detention g. Legal grounds for trespass h. Crime of theft, swindling or malicious mischief is committed against a relative i. When only slight or less serious physical injuries are inflicted by the person who surprised his spouse or daughter in the act of sexual intercourse with another person j. Marriage of the offender with the offended party when the crime committed is rape, abduction, seduction or acts of lasciviousness k. Instigationbased on a sound public policy requiring the courts to condemn this practice by directing the acquittal of the accused o The instigator practically induces the would-be accused into the commission of the offense and he, himself, becomes a coprincipal o Made by public officers or private detectives o Entrapmentways and means are resolved to for the purpose of trapping and capturing the lawbreaker in the execution of his criminal plan Chapter Three CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY 13. Mitigating circumstances. The following are mitigating circumstances; Mitigating circumstances which are personal to the offenders: a. From the moral attitude of the offender b. From his private relations with the offended party c. From any personal cause Circumstances which are neither exempting or mitigating: a. Mistake in the blow b. Mistake in identity c. Entrapment of the accused d. Accused is over 18 years old e. Performance of righteous action A. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant. Based on lack of requisites to justify or exempt the act
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(1) Self-defense, (2) Defense of Relatives, (3) Defense of Strangers unlawful aggression must be present to have ordinary mitigating circumstance o If other requisites are also present, it will become a privileged mitigating circumstance (4) State of necessitythe evil actually exists must be present to have ordinary mitigating circumstance o If other requisites are also present, it will become a privileged mitigating circumstance (5) fulfillment of a duty, (6) obedience to an order o There are 2 requisites, hence, no ordinary mitigating o If one is present, it is privileged mitigating circumstance right away (7) minority over 15 but under 18 o Age must be present and must act with discernment to become ordinary mitigating circumstance (8) causing injury by mere accident o Requisites: a. Performing a lawful act b. With due care c. Causes injury by mere accident d. Without fault or intention of causing it o If (b) and first part of (d) are absent, it is a mitigating circumstance and a culpable felony under Art. 365 o If (a) and second part of (d) are absent, it is an intentional felony and is not mitigating (9) uncontrollable fearif one requisite is present, then, it is mitigating B. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of Art. 80. Diversion program (15- under 18 years old)a program that the child in conflict with the law is required to undergo after he/she is found responsible for an offense without resorting to formal court proceedings System of Diversion (if the supposed penalty is): a. Not more than 6 years imprisonmentmediation, family conferencing and conciliation b. Victimless and not more than 6 years imprisonmentrehabilitation program
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c. More than 6 years imprisonmentdiversion program or measures o Effective and binding if accepted by the parties in writing o Shall be completed within 45 days o Failure shall give the offended party the open to institute the appropriate legal action o Period of prescription of the offense shall be suspended during the effectivity of the diversion program, but not exceeding a period of 2 years For over 70, if death penalty is imposed, it will be lowered to reclusion perpetua C. That the offender had no intention to commit so grave a wrong as that committed. There is notable and evident disproportion between the means employed and its consequence Basis is that the intent is diminished Intent can be based on: a. Weapon used b. Injury inflicted c. Attitude of the mind during the crime D. That sufficient provocation or threat on the part of the offended party immediately preceded the act. Based on the diminution of intelligence and intent Provocationany unjust or improper conduct or act of the offended party capable of exciting, inciting, or irritating any one Sufficientadequate to excite a person to commit the wrong and must accordingly proportionate to its gravity Requisites: a. Provocation must be sufficient b. It must originate from the offended partymitigating If it is absent from the offended partyjustifying c. The provocation must be immediate to the actno interval of time is allowed E. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees. Due to the fact that it concerns the honor of a person Based on the diminution of the conditions of voluntariness Requisites:
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a. That there be a grave offense done to the one committing the felony and his relatives o Basis of gravity: 1. Social standing of the person 2. Place and time when the insult was made or had happened 3. Sometimes, age b. The felony is committed in vindication of such grave offense o A lapse of time is allowed o Immediate = proximate F. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. Based on the diminution of intelligence and intent One loses his reason and self-control, diminishing the exercise of his will power Requisites: a. Accused acted upon an impulse b. The impulse must be so powerful that it naturally produced passion or obfuscation Mitigating if: a. The act of the offended party must be unlawful or unjust b. The act which produced the obfuscation was not far removed from the commission of the crime Not mitigating if: a. The act is committed in the spirit of lawlessness b. The act is committed in the spirit of revenge The passion or obfuscation must arise from lawful sentiments o If the relationship is illegitimate, it is not mitigating G. That the offender 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; Based on the lesser perversity of the offender 2 mitigating circumstances which are independent from each other: a. Voluntary surrender to a person in authority or his agents 1. Must be spontaneous 2. Shows intent of the accused to submit himself unconditionally 3. The offender had not been actually arrested b. Voluntary confession of guilt before the court prior to the presentation of evidence for the prosecution
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o The plea must be made before trial begins or there is an amendment in the information o Not applicable to culpable felonies and crimes punished by special laws o person in authorityone directly vested with jurisdiction, that is, a public officer who has the power to govern and execute the laws H. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings. Based on the diminution of freedom of action Does not distinguish between educated and uneducated I. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts. Based on the diminution of intelligence and intent Includes illness of the mind Illness of the nerves or moral faculty: a. Mild-behavior disorder b. Acute neurosisdiseases of pathological state that trouble the conscience or will c. Feeblemindedness d. Schizo-affective disorder or psychosis J. And, finally, any other circumstances of a similar nature and analogous to those above mentioned. Chapter Four CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY 14. Aggravating circumstances. The following are aggravating circumstances: If attendant, it serves to increase the penalty in its maximum period Based on the greater perversity as manifested by: a. Motivating power b. Place of the commission c. Means and ways employed d. Time e. Personal circumstances of the offender or the offended party Kinds of aggravating circumstance: a. Genericcan be applied to all crimes
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b. Specificapplies only to particular crimes c. Qualifyingthose that change the nature of the crime d. Inherentthose that must, by necessity, accompany the commission of the crime A. That advantage be taken by the offender of his public position. The public officer must use the influence, prestige or ascendancy Based on the greater perversity as shown by the personal circumstance of the offender Not aggravating in: a. Malversation b. Falsification of documents committed by public officers c. Accessories B. That the crime be committed in contempt or with insult to the public authorities. Based on the lack of respect for public authorities Requisites: a. Public authority is engaged in the exercise of his functions b. The crime should not be committed against the public authority c. The offender knows him to be a public authority d. His presence has not prevented the offender from committing the criminal act C. That the 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 is be committed in the dwelling of the offended party, if the latter has not given provocation. If all 4 circumstances are present, it is only one aggravating Applicable to crimes against persons or honor Deliberate intent to insult is essential Rankhigh social standing or position Not applicable to following cases: a. Passion or obfuscation b. Where there exists a relationship between the offended party and offender c. When the condition of being a woman is indispensable Dwellingmust be a building or structure, exclusively used for rest and comfort Requisites (the provocation must be): a. Given by the owner of the dwelling
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b. Sufficient c. Immediate to the commission of the crime The requisites of provocation should be absent for it to be aggravating D. That the act be committed with abuse of confidence or obvious ungratefulness Requisites: a. Offended party had trusted the offender b. The offender abused such trust by committing a crime against the offended party c. The abuse of confidence facilitated the commission of the crime E. That the crime be committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship. The public authorities are in the performance of their duties and must be in their office, and may be the offended party If it is in the Malacanang palace or a place for religious worship, official or religious functions are not necessary The offender must have intention to commit a crime when he entered the place F. That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense. Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band. Their elements are distinctly perceived and can subsist independently Requisites: a. It facilitated the commission of the crime b. It was especially sought for by the offender to insure impunity c. It was taken advantage by the offender Nighttimeperiod of darkness o When the place is illuminated, it is not aggravating Uninhabited placethe victim has no possibility of receiving help Bandcomposed of more than 3 armed persons G. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune.
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The calamity must give rise to a chaotic condition The reason s that it adds suffering by taking advantage of their misfortune to despoil them H. That the crime be committed with the aid of armed men or persons who insure or afford impunity. Present even if one of the offenders merely relied on their aid, for actual aid is not necessary If there are 3 armed men or less, it is aid of armed men Requisites: a. The armed men or persons took part in the commission of the crime, directly or indirectly b. The accused availed himself of their aid or relied upon them when the crime was committed I. That the accused is a recidivist. A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code. What is controlling is the time of trial, not the commission of the crime Pardon does not obliterate the fact that the accused is a recidivist Amnesty extinguishes the penalty and its effects J. That the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. Reiteracionnecessary that the offender shall have served out his sentence for the first offense K. That the crime be committed in consideration of a price, reward or promise There are two or more principals when this aggravating circumstance is present and it affects both of them a. One who gives or offers the price or promise b. One who accepts it The evidence must show that one of the accused used money or other valuable consideration for the purpose of inducing another to perform the deed The inducement must be the principal motivating factor, and nothing else, for the other person in committing the crime
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L. That the 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 Basis has reference to means and ways employed Unless used by the offender as a means to accomplish a criminal purpose, any of the circumstances in par. 12 cannot be considered to increase the penalty or to change the nature of the offense Hence, there should be an actual design to kill and that the use of those circumstances should be purposely adopted as a means to that end By means of fire o When the intended crime to be committed is arson and somebody dies, the crime is simply arson and the act resulting in the death of that person is not even an independent crime of homicide, it being absorbed o If the offender had the intent to kill the victim, burned the house, and the victim died as a consequence, the crime is murder, qualified by the circumstance that the crime was committed by means of fire By means of explosion o Absorbed in crime involving destruction (Art. 324) By means of derailment of locomotive o Art. 330 defines and penalizes the crime of damage o means of communication, derailment of cars, collision or accident must result from damage to a railway, telegraph or telephone lines M. That the act be committed with evident premeditation Basis is the ways of committing the crime Evident premeditationa deliberate planning of the act before executing it Requisites of evident premeditation: (the prosecution must prove) 1. The time when the offender determined to commit the crime 2. An act manifestly indicating that the culprit has clung to his determination o Must be based upon external acts 3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will Evident premeditation and price or reward can co-exist
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When the victim is different from that intended, premeditation is not aggravating But if the accused intend to kill no specific person, premeditation is aggravating Evident premeditation, while inherent in robbery, may be aggravating in robbery with homicide if the premeditation included the killing of the victim N. That craft, fraud, or disguise be employed Basis is the means employed Craftinvolves intellectual trickery and cunning on the part of the accused o A chicanery resorted to by the accused to aid in the execution of his criminal design Fraudinsidious words or machinations used to induce the victim to act in a manner which would enable the offender to carry out his design o To differentiate from craft, fraud constitutes direct inducement by insidious words or machinations Disguiseresorting to any device to conceal identity O. That advantage be taken of superior strength, or means be employed to weaken the defense To take advantage of superior strengthto use purposely excessive force out of proportion to the means of defense available to the person attacked The evidence of relative physical strength is necessary Applicable only to crimes against persons, and sometimes against person and property, such as robbery with homicide There is also abuse of superior strength o by numerical superiority o when weapon used is out of proportion to the defense available to the offended party o in coercion and forcible abduction o intoxication of the victim to weaken the defense but if state of intoxication is such that the victim cannot put up any sort of defense, it is treachery There is no abuse of superior strength when one acted as principal and the other two as accomplices When there is an allegation of treachery, superior strength is absorbed
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P. That the act be committed with treachery There is treachery when the offender commits any of the crimes against person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make Treacherythe offended party was not given opportunity to make a defense Requisites of treachery: 1. That at the time of the attack, the victim was not in a position to defend himself 2. That the offender consciously adopted the particular means, method or form of attack employed by him Rules regarding treachery: a. Applicable only to crimes against the person b. Means, methods or forms need not insure accomplishment of crime but only its execution c. The mode of attack must be consciously adopted Treachery cannot be presumed, the existence of this qualifying or aggravating circumstance should be proven fully as the crime itself The killing of a child is murder qualified by treachery, even if the manner of attack was not shown Treachery may exist even if the attack is face to face Attack from behind is not always treachery Attacks showing intention to eliminate risk: a. Victim asleep b. Victim half-awake or just awakened c. Victim grappling or being held d. Flashing the beam of a flashlight on the face of the victim e. Attacked from behind with a firearm, a bladed weapon, and other modes of armed attack It must be shown that the treacherous acts were present and preceded the commencement of the attack which caused the injury complained of Summary of the rules: a. When the aggression is continuous, treachery must be present in the beginning of the assault
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b. When the assault was not continuous, it is sufficient that treachery was present at the moment the fatal blow was given Q. That means be employed or circumstances brought about which add ignominy to the natural effects of the act Ignominya circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime Involves moral suffering Applicable to crimes against a. Chastity b. Less serious physical injuries c. Light or grave coercion d. Murder The means employed or the circumstances brought about must tend to make the effects of the crime more humiliating or to put the offended party to shame R. The crime be committed after an unlawful entry There is an unlawful entry when an entrance is effected by a way not intended for the purpose To effect the entrance, and not for escape Swelling and unlawful entry taken separately in murders committed in a dwelling Unlawful entry is not aggravating in trespass to dwelling S. That as means to the commission of a crime, a wall, roof, floor, door or window be broken T. That the crime be committed with the aid of persons under 15 years of age, by means of motor vehicles, motorized watercraft, airships, or other similar means Two different circumstances are grouped in this paragraph By means of motor vehicles o When the accused used the motor vehicle in going to the place of the crime, in carrying away the effects thereof, and in facilitating their escape o If the motor vehicle was used only in facilitating the escape, it should be an aggravating circumstance By other similar means o motorized vehicles or other efficient means of transportation similar to automobile or airplane
U. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission Crueltywhen the culprit enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary physical pain in the consummation of the criminal act Requisites of cruelty: 1. That the injury be deliberately increased by causing other wrong 2. That the other wrong be unnecessary for the execution of the purpose of the offender
15. Alternative circumstances are 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. They are the relationship, intoxication and the degree of instruction and education of the offender The alternative circumstance of relationship shall be taken into consideration when the offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender The intoxication of the offender shall be taken into consideration as a mitigating circumstances when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony but when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance Alternative Circumstances o 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 o The basis is the nature and effects of the crime and the other conditions attending its commission The alternative circumstances are: 1. Relationship a. Spouse b. Ascendant c. Descendant d. Legitimate, natural, or adopted brother or sister
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e. Relative by affinity in the same degree of the offender o Includes also the relationship of stepfather or stepmother and stepson or stepdaughter Mitigating Circumstance a. Crimes against property by analogy to Art. 332 i. Robbery iv. arson ii. Usurpation v. trespass to dwelling iii. Fraudulent insolvency b. Crimes against persons (offended party is a lower in degree than the offender) i. Less serious physical injuries ii. Slight physical injuries Exempting Circumstance a. Art. 332 (no criminal liability but only civil) i. Theft ii. Swindling or estafa iii. Malicious mischief Aggravating Circumstance a. Crimes against persons i. Serious physical injuries ii. Homicide or murder iii. Less serious physical injuries iv. Slight physical injuries v. rape b. Crimes against chastity i. Acts of lasciviousness Neither mitigating nor aggravating Inseparable from and inherent in the crime a. Parricide b. Adultery c. Concubinage 2. Intoxication It must diminish the agents capacity to know the injustice of his acts, and his will to act accordingly State of intoxicationoffenders mental faculties must be affected by drunkenness
Non-habitual intoxication, lack of instruction and obfuscation are not to be taken separately and are considered as one mitigating circumstance
Mitigating Circumstance The state of intoxication must be proved, and if proved, presumption is non-habitual or unintentional His exercise of will power is impaired (reason) a. Intoxication is not habitual b. Intoxication is not subsequent to the plant to commit a crime Aggravating Circumstance Because it is intentional, the offender resorted to it in order to bolster his courage to commit a crime (reason) a. Intoxication is habitual o The habit should be actual and confirmed o Habitual drunkardone has given to intoxication by excessive use of intoxicating drinks b. Intentional c. Subsequent to the plant to commit a felony 3. Degree of instruction and education of the offender Aggravating Circumstance a. High degree of instruction and education b. The offender avails it in committing the crime o When the offender availed himself or took advantage of it in committing the crime Mitigating Circumstance Ordinarily, mitigating in all crimes Must be proved positively and directly and cannot be based on mere deduction or interference Low degree of instruction and education or lack of it o Can only be considered in the trial court and not in the appellate court Lack of instruction: a. Has not received any instruction b. Illiteracy c. Lack of sufficient intelligence
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Not Mitigating Circumstance a. Crimes against property i. Estafa iv. arson ii. Theft v. rape iii. Robbery b. Crimes against chastity i. adultery c. Treasonlove of country must be a natural feeling d. Murderto kill is forbidden by natural law 16. The following are criminally liable for grave or less grave felonies: 1. Principals 2. Accomplices 3. Accessories The following are criminally liable for light felonies 1. Principals 2. Accomplices Rules relative to light felonies: a. Punishable only when they have been consummated with the exception of those committed against persons or property b. Only principals and accomplices are liable c. Accessories are not liable even if they are committed against persons or property Because the social wrong, as well as the individual prejudice, is so small that penal sanction is unnecessary Two parties in a crime: a. Active subjectcriminal only natural persons can be the subject of crime, because: 1. RPC requires that the culprit should have acted with personal malice or negligence 2. A juridical person cannot commit a crime in which a willful purpose or a malicious intent is required o Criminal actions are restricted or limited to the officials of the corporation and never directed against the corporation itself, except under: i. Corporation Law ii. Public Service Law iii. Securities Law iv. Election Code
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3. There is substitution of deprivation of liberty for pecuniary penalties in case of insolvency of the accused 4. Other penalties consisting in imprisonment and other deprivation of liberty can be executed only against individuals b. Passive subjectinjured party 1. Man o Dead mandefamation under Art. 353 2. Juristic person 3. Group 4. State 17. The following are considered principals: A. Those who take direct part in the execution of the act Principals by Direct Participation o Requisites for two or more offenders: a. They participated in the criminal resolution Conspiracy Exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it A manner of incurring a criminal liability and not a felony There must be intentional participation with a view to the furtherance of common design and purpose No formal agreement or previous acquaintance among the conspirators is necessary Implied when there is unity of purpose and intention: i. Spontaneous agreement ii. Active cooperation by all offenders iii. Contributing by positive acts to the realization of a common criminal intent iv. Presence during the commission of the crime by a band and lending moral support thereto There is a collective criminal responsibility where the act of one is the act of all o Liable for anothers conspirators acts which differ radically and substantially from that which they intended to commit except: i. Parricide ii. Murder with treachery
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Proof of conspiracy: i. Confession of several accused ii. The malefactors have acted in concert pursuant to the same objective b. They carried out their plan and personally took part in its execution by acts which directly tended to the same end When lacking, there is only conspiracy and, thus, no criminal liability except in treason, rebellion or sedition B. Those who directly force or induce others to commit it Principals by Induction o Principals by inducement or inductioncomprise of price, promise of reward, command, and pacto o Requisites: 1. That the inducement be made directly with the intention of procuring the commission of the crime 2. That such inducement be the determining cause of the commission of the crime by the material executor There must exist on the part of the inducer the most positive resolution and the most persistent effort to secure the commission of the crime, together with the presentation to the person induced of the very strongest king of temptation to commit the crime The inducement must precede the act induced and must be so influential in producing the criminal act that without it, the act would not have been performed o 2 ways of becoming a principal by induction: a. Directly forcing another to commit a crime ii. By using irresistible force iii. By causing uncontrollable fear Only the one using force or causing fear is criminally liable b. Directly inducing another to commit a crime i. By giving price, or offering reward or promise There is collective criminal responsibility The former, by inducement The latter, by direct participation ii. By using words of command The inciting words must have great dominance and influence over the person who acts where it would be the moving cause for the offense
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There is also collective criminal responsibility In order that a person using words of command may be held liable as principal, the following requisites must all be present: a. That the one uttering the words of command must have the intention of procuring the commission of a crime b. That the one who made the command must have an ascendancy or influence over the person who acted c. That the words used must be direct, so efficacious, so powerful as to amount to physical or moral coercion d. The words of command must be uttered prior to the commission of the crime e. That material executor of the crime has no personal reason to commit the crime Effects of acquittal of principal by direct participation upon the liability of principal by inducement: 1. Conspiracy is negatived by the acquittal of co-defendant 2. One cannot be held guilty of having instigated the commission of a crime without first being shown that the crime has been actually committed by another 3. If the one charged as principal by direct participation is acquitted, his acquittal is not a ground for the acquittal of the principal by inducement Principal by inducement Proposal to commit a felony There is an inducement to commit a crime Liable only when the crime is The person to whom the proposal is committed by the principal by direct made should not commit the crime; participation otherwise, the proponent becomes a principal by inducement Inducement involves any crime The proposal to be punishable must involve only treason or rebellion C. Those who cooperate in the commission of the offense by another act without which it would have been accomplished Principals by Indispensable Cooperation Cooperateto desire or wish in common a thing Requisites: a. Participation in the criminal resolution
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o There is either anterior conspiracy or unity of criminal purpose and intention immediately before the commission of the crime charged b. Cooperation in the commission of the offense by performing another act, without which it would not have been accomplished 18. Accomplices are the persons who, not being included in Art. 17, cooperate in the execution of the offense by previous or simultaneous acts Quasi-collective criminal responsibilitysome of the offenders in the crime are principals and the others as accomplices Concurrence of the will of the accomplice with the will of the author of the crime and the accomplice cooperates by previous or simultaneous acts in the execution of the offense by the principal In case of doubt, the participation of the offender will be considered that of an accomplice rather than that of a principal When the participation of an accused is not disclosed, he is only an accomplice Accomplice: o Does not enter into a conspiracy with the principal by direct participation o Does not have previous agreement or understanding with the principal to commit a crime o He participates to a certain point in the common criminal design o Gets a penalty one degree lower than that provided for the principal in a consummated felony Requisites: 1. There be community of design; that is, knowing the criminal design of the principal by direct participation, he concurs with the latter in his purpose o Knowledge of the criminal design of the principal can be acquired by the accomplice through: a. When the principal informs or tells the accomplice of the formers criminal design b. When the accomplice saw the criminal acts of the principal o The community of design need not be to commit the crime actually committed. It is sufficient if there was a common purpose to commit a particular crime and that the crime actually committed was a natural or probable consequence of the intended crime
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2. He cooperates in the execution of the offense by previous or simultaneous acts, with the intention of supplying material or moral aid in the execution of the crime in an efficacious way o The cooperation of the accomplice is only necessary, not indispensable o The cooperation is not due to a conspiracy o The wounds inflicted by an accomplice in crimes against persons should not have caused the death of the victim o Being present and giving moral support when a crime is being committed where it may be through advice, encouragement or agreement 3. There be a relation between the acts done by the principal and those attributed to the person charged as accomplice Conspirator Accomplice They know and agree with the criminal design Know the criminal intention because Come to know about it after the they themselves have decided upon principals have reached the decision, it and only then do they agree to cooperate in its execution Decides that a crime should be Merely concur with it committed Authors of the crime Merely instruments who perform acts not essential to the perpetration of the offense 19. Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners: A. By profiting themselves or assisting the offender to profit by the effects of the crime The crime committed by the principal may be any crime, except light felony The accessory must receive the property from the principal and not take it without the consent of the latter Theftby taking with intent to gain, personal property from one who stole it, without the latters consent B. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery
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Corpus delictia specific offense was in fact committed by someone C. By harboring, concealing, or assisting in the escape of the principals 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 habitually guilty of some other crime 2 classes of accessories under this paragraph: a. Public officers o Requisites: 2. The accessory is a public officer 3. He harbors, conceals, or assists in the escape of the principal 4. He acts with abuse of his public function 5. The crime committed by the principals is any crime, except a light felony b. Private persons o Requisites: a. The accessory is a private person b. He harbors, conceals or assists in the escape of the author of the crime c. The crime committed by the principal is either: i. Treason ii. Parricide iii. Murder iv. An attempt against the life of the President v. That the principal is known to be habitually guilty of some other crime Accessories does not participate in the criminal design, nor cooperate in the commission of the felony, but, with knowledge of the commission of the crime, he subsequently takes part in the 3 ways enumerated above Important words: a. Having knowledge b. Commission of the crime o The crime committed by the principal must be proven beyond reasonable doubt c. Without having participated therein either as principals or accomplices d. Take part subsequent to its commission
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Mere possession of stolen property does not make the accused an accessory where the thief was already convicted o But if there has been no one convicted as thief, the possessor should be prosecuted as principal of the crime of theft Suspicionthe imagination of the existence of something without proof, or upon very slight evidence, or upon no evidence at al Knowledge of the commission of crime may be established by circumstantial evidence One who kept silent with regard to the crime he witnessed is not an accessory Accessories liability is subordinate and subsequent Conviction of an accessory is possible notwithstanding the acquittal of the principal, if the crime was in fact committed, but the principal was not held criminally liable, because of an exempting circumstance Anti-Fencing Law of 1979 o Fencingact of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft 20. The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of par. 1 of the next preceding article Based on the ties of blood and the preservation of the cleanliness of ones name An accessory is exempt from criminal liability, when the principal is his a. Spouse b. Ascendant c. Descendant d. Legitimate, natural or adopted brother, sister, or relative by affinity within the same degree Accessory is not exempt from criminal liability even if the principal is related to him, if such accessory
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a. Profited by the effects of the crime b. Assisted the offender to profit by the effects of the crime Only accessories under Art. 19(2) and (3) are exempt from criminal liability if they are related to the principals Penalties in General Penaltysuffering that is inflicted by the state for the transgression of a law The purpose of the State in punishing crimes is to secure justice Constitution directs that excessive fines shall not be imposed, nor cruel and unusual punishment inflicted Cruel and unusualdisproportionate to the offense committed as to shock the moral sense of all reasonable men as to what is right and proper under the circumstances Juridical conditions of penalty: a. Productive of suffering, without affecting the integrity of the human personality b. Commensurate with the offensedifferent crimes must be punished with different penalties c. Personalno one should be punished for the crime of another d. Legalit is the consequence of a judgment according to law e. Certainno one may escape its effects f. Equal for all g. Correctional Theories justifying penalty: a. Preventionto prevent or suppress the danger to the State arising from the criminal acts of the offender b. Self-defenseright to punish criminal as a measure of self-defense so as to protect society from the threat and wrong inflicted by the criminal c. Reformationto correct and reform the offender d. Exemplarityto serve as an example to deter others from committing crimes e. Justicean act of retributive justice, a vindication of absolute right and moral law violated by the criminal Three-fold purpose of penalty: a. Retribution or expiationthe penalty is commensurate with the gravity of the offense
b. Correction or reformationregulate the execution of the penalties consisting in deprivation of liberty c. Social defenseshown by its inflexible severity to recidivists and habitual delinquents 21. Penalties that may be imposed No felony shall be punishable by any penalty not prescribed by law prior to its commission Art. 21 simply announces the policy of the State as regards punishing crimes It can only be invoked when a person is being tried for an act or omission for which no penalty has been prescribed by law 22. Retroactive effect of penal laws Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Art. 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same Art. 22 is not applicable to the provisions of the RPC because it must necessarily relate to: a. Penal laws existing prior to the RPC, in which the penalty was less severe than those of the Code b. Laws enacted subsequent to the RPC, in which the penalty is more favorable to the accused Generally, criminal laws have prospective effect except a. when it is favorable to the accused; then, it can be given a retroactive effect b. the new law provides of such The favorable new statute shall benefit and apply to the defendant even when: a. Crime has been committed and prosecution begins b. Sentence has been passed but service has not begun c. The sentence is being carried out Ex post facto law, one which: a. makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act b. aggravates a crime, or makes it greater than it was, when committed
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c. changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed d. 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 crime e. assuming to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for something which when done was lawful f. deprives a person accused of a crime of some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty Criminal liability under former law is obliterated when the repeal is absolute Criminal liability under the repealed law subsists: a. When the provisions of the former law are re-enacted b. When the repeal is by implication c. When there is a saving clause When a penal law, which impliedly repealed an old law, is itself repealed, the repeal of the repealing law revives the prior penal law, unless the language of the repealing statute provides otherwise The jurisdiction of a court to try a criminal action is to be determined by the law in force at the time of institution the action, not at the time of the commission of the crime Art. 23. A pardon of the offended party does not extinguish criminal action except as provided in Art. 344 of this Code; but civil liability with regard to the interest of the injured party is extinguished by his express waiver A pardon by the offended party does not extinguish criminal action because the crime committed is an offense against the State Except in Art. 344 where pardon must be made before the institution of criminal prosecution o The offended party in the crimes of adultery and concubinage cannot institute criminal prosecution, if he shall have consented or pardoned the offenders It also requires that both offenders must be pardoned by the offended party The pardon here may be implied, as continued inaction of the offended party after learning of the offense
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o 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 or her parents, grandparents, or guardian, as the case may be o Only act that extinguishes the penal action after the institution of criminal action, is the marriage between the offender and the offended party Offense causes 2 classes of injuries: 1. Social injury a. Produced by the disturbance and alarm which are the outcome of the offense b. Sought to be repaired through the imposition of the corresponding penalty where the State has an interest ii. Personal injury o Caused to the victim of the crime who suffered damage either to his person, property, or to his honor or to her chastity 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 2. The commitment of a minor to any of the institutions mentioned in Art. 80 and for the purposes specified therein 3. Suspension from the employment of public office during the trial or in order to institute proceedings 4. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may impose upon their subordinates 5. Deprivation of rights and the reparations which the civil laws may establish in penal form Classification of Penalties 25. The penalties which may be imposed, according to this Code, and their different classes, are those included in the following: Scale A. Principal Penalties 1. Capital Punishment
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i. Death 2. Afflictive penalties i. Reclusion perpetua ii. Reclusion temporal iii. Perpetual or temporary absolute disqualification iv. Perpetual or temporary special disqualification v. Prision mayor 3. Correctional penalties i. Prision correccional iii. Suspension ii. Arrestor mayor iv. Destierro 4. Light penalties i. Arresto menor ii. Public censure 5. Penalties common to the 3 preceding classes i. Fine ii. Bond to keep the peace B. Accessory Penalties 1. Perpetual or temporary absolute disqualification 2. Perpetual or temporary special disqualification 3. Suspension from public office, the right to vote and be voted for, the profession or calling 4. Civil interdiction 5. Indemnification 6. Forfeiture or confiscation of instruments and proceeds of the offense 7. Payment of cost RA 7659 provided that the duration of reclusion perpetua is now from 20 years and 1 day to 40 years RA 9346 prohibited the imposition of the death penalty, and provided for the imposition of the penalty of reclusion perpetua in lieu of death Classification of penalties: 1. Principalthose expressly imposed by the court in the judgment of conviction a. Divisiblethose that have fixed duration and are divisible into 3 periods b. Indivisiblethose that have no fixed duration i. Death ii. Reclusion perpetua ii. Perpetual absolute or special disqualification iii. Public censure
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2. Accessorythose that are deemed included in the imposition of the principal penalties Classification according to subject-matter: 1. CorporalDeath 2. Deprivation of freedom reclusion, prision, arresto 3. Restriction of freedomDestierro 4. Deprivation of rights disqualification and suspension 5. PecuniaryFine Classification according to their gravity: 1. Capital 2. Afflictive 3. Correctionalless grave felonies 4. Lightlight felonies 26. A fine, whether imposed as a single or as an alternative penalty, shall be considered an A. Afflictive penaltyexceeds 6,000 pesos B. Correctional penalty200 to 6,000 pesos C. Light penaltyless than 200 pesos Bond to keep the peace is analogous with fine 27. Duration of penalties A. Reclusion perpetua20 yrs and 1 day to 40 yrs B. Reclusion temporal12 yrs and 1 day to 20 yrs C. Prision mayor and temporary disqualification 6 yrs and 1 day to 12 yrs Except when the disqualification is accessory penalty, in which case its duration is that of the principal penalty D. Prision correccional, Suspension, and Destierro6 months and 1 day to 6 yrs Except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty E. Arresto mayor1 month and 1 day to 6 months F. Arresto menor1 day to 30 days G. Bond to keep the peacethe period during which the bond shall be effective is discretionary on the court
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Cases where Destierro is imposed: 1. Art. 247Serious physical injuries or death under exceptional circumstances 2. Art. 284in case of failure to give bond for good behavior 3. Art. 334as 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
28. Computation of penalties A. When the offender is in prisonthe duration of the temporary penalties is from the day on which the judgment of conviction becomes final B. When the offender is not in prisonthe duration of the penalty consisting of deprivation of liberty, is from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty C. The duration of the other penaltiesfrom the day on which the offender commences to serve his sentence If it is on appealhis service of sentence should commence from the date of the promulgation of the decision of the appellate court Temporary penalties: 1. Temporary absolute disqualification 2. Temporary special disqualification 3. Suspension Rules in cases of temporary penalties: 1. If offender is under detentionRule 1 applies 2. If not under detentionRule 3 applies Deprivation of liberty: 1. Imprisonment 2. Destierro Rules in cases of deprivation of liberty: 1. When offender is not in prisonRule 2 applies 2. If offender is undergoing preventive imprisonmentRule 3 applies 29. Period of preventive imprisonment deducted from term of imprisonment Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of
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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 crime 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 prisoners4/5 of the time during which he has undergone preventive imprisonment shall be credited 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 released 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 Destierro, he shall be released after thirty (30) days of preventive imprisonment The accused undergoes preventive imprisonment when the offense charged is nonbailable, or even if bailable, he cannot furnish the required bail Convict/Accused shall be released immediately o if the penalty imposed after trial is less than the full time or 4/5 of the time of the preventive imprisonment o whenever he has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment for the offense charged but the trial of his case will continue Effects of the Penalties According to their Nature 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. Deprivation of the public offices and employments, even if by election
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2. Deprivation of the right to vote or to be elected 3. 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 pars. 2 and 3 of this article shall last during the term of the sentence 4. Loss of right to retirement pay or pension for any office formerly held 31. Effect of the penalties of perpetual or temporary special disqualification The penalties of perpetual or temporal special disqualification for public office, profession or calling shall produce the following effects: 1. Deprivation of the office, employment, profession or calling affected 2. Disqualification for holding similar offices or employments perpetually or during the term of the sentence 32. Effect of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage 1. Deprivation of the right to vote or to be elected to any public office 2. Cannot hold any public office during the period of disqualification 33. Effects of the penalties of suspension from any public office, profession or calling, or the right of suffrage 1. Disqualification from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence 2. If suspended from public office, the offender cannot hold another office having similar functions during the period of suspension 34. Civil interdiction shall produce the following effects: 1. Deprivation of the rights of parental authority or guardianship of any ward 2. Deprivation of marital authority 3. Deprivation of the right to manage his property and of the right to dispose of such by any act or any conveyance inter vivos
Ro-An Salanga (I-A)
35. Effects of bond to keep the peace 1. Offender must present 2 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 2. Offender must deposit such amount with the clerk of court to guarantee said undertaking 3. Offender may be detained, if he cannot give the bond, for a period not to exceed 6 months, if prosecuted for grave or less grave felony, or for a period not to exceed 30 days, if for a light felony 36. Pardon and its effects A pardon shall not work the restoration of the right to hold public office, or the right of suffrage o 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 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 Pardon granted in general terms does not include accessory penalty o Except when an absolute pardon is granted after the term of imprisonment has expired, it removes all that is left of the consequences of conviction Pardon after serving 30 years does not remove perpetual absolute disqualification Pardon by: Chief Executive Offended Party Extinguishes the criminal liability of the offender Cannot include civil liability which Can waive the civil liability which the the offender must pay offender must pay Granted only after conviction and Should be given before the may be extended to any of the institution of criminal prosecution offenders and must be extended to both offenders
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37. Costs shall include: a. Fees b. Indemnities, in the course of judicial proceedings Whether they be fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule Costsexpenses of litigation are chargeable to the accused only in cases of conviction In case of acquittal, the costs are de oficio, each party bearing his own expenses No costs shall be allowed against the Republic of the Philippines unless otherwise provided by law The payment of costs rests upon the discretion of the court 38. In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order: a. Reparation of the damage caused b. Indemnification of the consequential damages c. Fine d. Costs of the proceedings This rule is applicable only in case the property of the offender is insufficient for the payment of all his pecuniary liabilities 39. If the convict has no property with which to meet the fined mentioned in par. 3 of Art. 38, he shall be subject to a subsidiary personal liability at the rate of one day for each Php8, subject to the following rules: (if the principal penalty imposed is) a. Prision correctional or arresto and fineshall remain under confinement until his fine is satisfied, but his subsidiary imprisonment shall i. not exceed 1/3 of the term of the sentence ii. not continue for more than 1 year iii. no fraction or part of a day shall be counted against the prisoner b. only finethe subsidiary imprisonment shall i. not exceed 6 monthsif the culprit shall have been prosecuted for a grave or less grave felony ii. not exceed 15 dayslight felony
Ro-An Salanga (I-A)
c. higher than prision correctionalno subsidiary imprisonment shall be imposed upon the culprit d. not be executed by confinement in a penal institution, but is of fixed durationthe culprit shall continue to suffer the same deprivations as those of which the principal penalty consists under paragraphs (a), (b), and (c) e. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him from the fine in case his financial circumstances should improve Judgment of conviction must impose subsidiary imprisonment for it to apply The rule only applies when the convict has no property to which to meet the fine mentioned in Article 38 Fineshould not and cannot be reduced or converted into a prison term Subsidiary imprisonment is not an accessory penalty Penalty imposed must be: 1. Prision correctional 2. Arresto mayor 3. Arresto menor 4. Suspension 5. Destierro 6. Fine Subsidiary imprisonment under special law a. Fineshall not exceed 6 months, at the rate of one day of imprisonment for every Php2.50 b. Fine and imprisonmentshall not exceed 1/3 of the term of imprisonment, and in no case shall it exceed 1 year c. Fine or fine and imprisonment for violation of any municipal ordinance or ordinances of City of Manilathe rate is one day for every Php1, until the fine is satisfied, provided that it does not exceed 6 months; or not more than 1/3 of the principal penalty Penalties in which other accessory penalties are inherent 40. Death (when not executed by reason of commutation or pardon): a. Perpetual absolute disqualification b. Civil interdiction for 30 years, if not expressly remitted in the pardon
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41. Reclusion perpetua and reclusion temporal: a. Civil interdiction for life or during the sentence b. Perpetual absolute disqualification, unless expressly remitted in the pardon of the principal penalty 42. Prision mayor: a. Temporary absolute disqualification b. Perpetual special disqualification from suffrage, unless expressly remitted in the pardon of the principal penalty 43. Prision correctional: a. Suspension from public office, profession or calling b. Perpetual special disqualification from suffrage, if the duration of imprisonment exceeds 18 months, unless expressly remitted in the pardon of the principal penalty 44. Arresto: Suspension, during the term of the sentence, of a. The right to hold office b. The right of suffrage Absolute pardon for any crime for which 1 year imprisonment or more was meted out restores the prisoner of his political rights Where the penalty is less than 1 year, disqualification does not attach, except when the crime is committed against property Accessory penalties need not be expressly imposed, they are deemed imposed 45. Confiscation and forfeiture of the proceeds or instruments of the crime a. Every penalty imposed shall carry with it forfeiture of the proceeds of the crime and the instruments or tools with which it was committed b. Proceeds and instruments or tools of the crime are confiscated and forfeited in favor of the Government c. Property of a third person not liable for the offense, is not subject to confiscation and forfeiture
d. Property not subject of lawful commerce (whether it belongs to the accused or to third person) shall be destroyed No forfeiture when there is no criminal case or in case of acquittal because no penalty is imposed Confiscation can be ordered only if the property is submitted in evidence or places at the disposal of the court Articles which are forfeited, when the order of forfeiture is already final, cannot be returned even in case of acquittal 46. 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 Penalties prescribed in general terms shall be imposed: a. Upon the principals b. For consummated felony c. Except when the penalty to be imposed upon the principal in frustrated or attempted felony is fixed by law Graduation of penalties by degrees refers to: a. Stages of executionconsummated, frustrated, or attempted b. Degree of criminal participationprincipal, accomplice, or accessory 47. Death penalty is not imposed in the following cases: a. When the guilty person is below 18 years of age at the time of the commission of the crime b. When the guilty person is more than 70 years of age c. When upon appeal or automatic review of the case by the SC (now by the CA), the vote of 8 members (majority) is not obtained, the penalty of reclusion perpetua will be imposed When the trial court imposes the death penalty: a. The records shall be forwarded to the SC (now to the CA) for automatic review and judgment by the court en banc b. Within 20 days but not earlier than 15 days after the promulgation of the judgment or notice of denial of any motion for new trial or reconsideration c. The transcript shall also be forwarded within 10 days after the filing thereof by the stenographic reporter
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Ro-An Salanga (I-A)
Social defense and exemplarity justify death penalty Death penalty is not cruel and unusual Punishments are cruel when they involve torture or lingering death Crimes where death penalty was imposed: 1. Treason 2. Piracy or qualified piracy 3. Qualified bribery 4. Parricide 5. Murder 6. Infanticide 7. Kidnapping and serious illegal detention 8. Robbery with homicide 9. Destructive arson 10. Rape with homicide 11. Plunder 12. Certain violations of the Dangerous Drugs Act 13. Carnapping
48. Two kinds of complex crimes: a. When a single act constitutes two or more grave or less grave feloniesCompound crime b. When an offense is a necessary means for committing the other Complex crime proper Penalty for complex crimes: a. Penalty for the most serious crime shall be imposed b. It will be applied in its maximum period Art. 48 is intended to favor the culprit because the offender is deemed less perverse than when he commits said crimes through separate and distinct acts Art. 48 applies only to cases where the RPC does not provide a definite specific penalty for a complex crime Art. 48 does not apply when the law provides one single penalty for special complex crime 1. Robbery with homicide 2. Robbery with rape 3. Kidnapping with serious physical injuries 4. Kidnapping with murder or homicide 5. Rape with homicide
Ro-An Salanga (I-A)
Only one information should be filed when a complex crime is committed Requisites for compound crime: 1. That only a single act is performed by the offender 2. That the single act produces a. Two or more grave felonies b. One or more grave and one or more less grave felonies c. Two or more less grave felonies The theories of single-criminal-impulse, same motive or the singlepurpose are acceptable, under Art. 48, when it is not certain who among the accused killed or injured each of the several victims Requisites of Complex crime proper: 1. That at least two offenses are committed 2. That one or some of the offenses must be necessary to commit the other (not to mean indispensable and inherent to the commission of the crime) 3. That both or all the offenses must be punished under the same statute When two crimes produced by a single act are respectively within the exclusive jurisdiction of two courts of different jurisdiction, the court of higher jurisdiction shall try the complex crime When two felonies constituting a complex crime are punishable by imprisonment and fine, respectively, only the penalty of imprisonment should be imposed Plurality of crimessuccessive 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 or ideal pluralitythere is but one criminal liability a. When the offender commits any of the complex crimes defined in Art. 48 b. When the law specifically fixes a single penalty for two or more offenses committed c. When the offender commits continued crimesa single crime, but not a complex crime, consisting of a series of acts but all arising from one criminal resolution 2. Real or material pluralitythere are different crimes in law as well as in the conscience of the offender and shall be punished for each and every offense that he committed
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49. Rules as to the penalty to be imposed when the crime committed is different from that intended: (if the penalty for the felony committed) a. Be higher than the penalty for the offense which the accused intended to committhe lower penalty shall be imposed in its maximum period b. Be lower than the penalty for the offense which the accused intended to committhe lower penalty shall be imposed in its maximum period c. If the act committed also constitutes attempt or frustrations of another crime, and the law prescribes a higher penalty for either of the latterthe penalty for the attempted or frustrated crime shall be imposed in its maximum period Art. 49 applies only when there is a mistake in the identity: of the victim of the crime, and the penalty for the crime committed is different from that for the crime intended to be committed Applicable only when the intended crime and the crime actually committed are punished with different penalties Does not apply to: a. mistake in the blowaberratio ictus b. where a more serious consequence not intended by the offender befalls the same personpraeter intentionem Penalty to be imposed upon: 50. Principals of a frustrated crimepenalty next lower in degree than that prescribed by law for the consummated felony 51. Principals of attempted crimepenalty lower by two degrees than that prescribed by law for the consummated felony 52. Accomplices in a consummated crimepenalty next lower in degree than that prescribed by law for the consummated felony 53. Accessories to the commission of a consummated felonypenalty lower by two degrees than that prescribed by law for the consummated felony
54. Accomplices in a frustrated crimepenalty next lower in degree than that prescribed by law for the frustrated felony 55. Accessories of a frustrated crimepenalty lower by two degrees than that prescribed by law for the frustrated felony 56. Accomplices in an attempted crimepenalty next lower in degree than that prescribed by law for an attempt to commit a felony 57. Accessories of an attempted crimepenalty lower by two degrees than that prescribed by law for the attempt Articles 50-57 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 Bases for the determination of the extent of penalty to be imposed: a. The stage reached by the crime in its development b. The participations therein of the persons liable c. The aggravating or mitigating circumstances which attended the commission of the crime Degreeone entire penalty, one whole penalty or one unit of the penalties Periodone of the three equal portions of a divisible penalty (minimum, medium, and maximum) 58. Public officers as accessories who help the author of a crime by misusing their office and duties shall suffer the additional penalties of: a. Absolute perpetual disqualificationif the principal offender is guilty of a grave felony b. Absolute temporary disqualificationif the principal offender is guilty of less grave felony 59. The penalty for impossible crime, having in mind the social danger and the degree of criminality shown by the offender, is arresto mayor or a fine ranging from 200 to 500 pesos Impossible crimeany 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 (Art. 4)
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Ro-An Salanga (I-A)
60. The provisions contained in Articles 50-57, inclusive, of this Code shall not be applicable to cases in which the law expressly prescribed the penalty provided for a frustrated or attempted felony, or to be imposed upon accomplices or accessories Under the general rule, an accomplice is punished by a penalty one degree lower than the penalty imposed upon the principal, except: a. 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 b. One who furnish the place for the perpetration of the crime in slight illegal detention Accessory punished as principalArt. 142 punishes the act of the accessory of knowingly concealing certain evil practices Accessories punished with a penalty one degree lower instead of two degrees in: a. Knowingly using counterfeited seal or forged signature or stamp of the President b. Illegal possession and use of a false treasury or bank note c. Using a falsified document d. Using a falsified dispatch 61. Rules for graduating penalties, based on the respective graduated scale prescribed in Art. 71, to be imposed upon persons guilty as principals of any frustrated or attempted felony, or as accomplices or accessories, when the penalty prescribed for the felony/crime is: i. Single and indivisiblepenalty next lower in degree shall be that immediately following that indivisible penalty Example: reclusion perpetua for kidnapping and failure to return a minorthe penalty next lower in degree is reclusion temporal ii. Composed of two indivisible penalties (1), or of one (2) or more (3) divisible penalties to be imposed to their full extentpenalty next lower in degree shall be that immediately following the lesser of the penalties Example: i. reclusion perpetua to death for parricidethe penalty immediately following the lesser of the penalties, which is reclusion perpetua, is reclusion temporal
Ro-An Salanga (I-A)
reclusion temporal in its full extentthe penalty immediately following is prision mayor iii. prision correctional to prision mayor in their full extentthe penalty immediately following the lesser of the penalties is arresto mayor iii. Composed of one or two indivisible penalties and the maximum period of another divisible penaltypenalty next lower in degree shall be composed of the medium and minimum periods of the proper divisible penalty and the maximum period of that immediately following Example: reclusion temporal in its maximum period to death for murderthe penalty next lower in degree is prision mayor in its maximum period to reclusion temporal in its minimum and medium periods iv. Composed of several periods corresponding to different divisible penaltiespenalty next lower in degree shall be composed of the period immediately following the minimum prescribed and of the two next following which shall be taken from the penalty prescribed if possible, otherwise from the penalty immediately following Example: prision mayor in its medium period to reclusion temporal in its minimum periodthe penalty next lower in degree is prision correction in its medium and maximum periods to prision mayor in its minimum period The penalties contemplated must contain at least 3 periods v. When the law prescribes a penalty for a crime in some manner not specially provided for in the four preceding rules, the courts, proceeding by analogy, shall impose the corresponding penalties upon those guilty as principals of the frustrated felony, or of attempt to commit the same, and upon accomplices and accessories The penalty contains one or two periods only Rules in lowering the penalty by one or two degrees: a. Principal in frustrated felonyone degree lower b. Principal in attempted felonytwo degrees lower c. Accomplice in consummated felonyone degree lower d. Accessory in consummated felonytwo degrees lower
ii.
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The Rules in Art. 61 should also apply in a. determining the minimum of the indeterminate penaltywithin the range of the penalty next lower than that prescribed by the RPC for the offenseunder the Indeterminate Sentence Law b. lowering the penalty by one or two degrees by reason of the presence of privileged mitigating circumstance, or when the penalty is divisible and there are two or more mitigating circumstances (generic) and no aggravating circumstance Indivisible penalties: a. Death b. Reclusion perpetua c. Public censure Divisible penalties: a. Reclusion temporal d. Arrestor mayor b. Prision mayor e. Destierro c. Prision correctional f. Arresto menor Division of divisible penalties into three periods: a. Minimum b. Medium c. Maximum In lowering the penalty, the penalty prescribed by the RPC for the crime is the basis, without regard to the mitigating or aggravating circumstances which attended the commission of the crime Only after the penalty next lower in degree is already determined that the mitigating and/or aggravating circumstances should be considered 62. Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules: i. Aggravating circumstances not to be taken into account to increase the penalty a. which in themselves constitute a crime especially punished by law b. which are included by the law in defining a crimes and prescribing the penalty therefor The maximum penalty shall be imposed in the following cases: a. When in the commission of the crime, advantage was taken by the offender of his public position b. If the offense was committed by any person who belongs to an organized/syndicated crime group
Organized/syndicated crime groupa group of two or more persons collaborating, confederating or mutually helping one another for purposes of gain in the commission of any crime ii. The same rule applies with respect to aggravating circumstances which are inherent in the crime iii. Aggravating or mitigating circumstances which arise from a. the moral attributes of the offender b. from his private relations c. from any other personal cause serve to aggravate or mitigate the liability of the principals, accomplices, and accessories as to whom such circumstances are attendant iv. The circumstances which consist a. in the material execution of the act b. in the means employed to accomplish it shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein v. Habitual delinquency shall have the following effects: (additional penalty from the penalty provided by law for the last crime of which he is found guilty) a. Upon the 3rd convictionthe additional penalty of prision correccional in its medium and maximum periods b. Upon the 4th convictionthe additional penalty of prision mayor in its minimum and medium periods c. Upon the 5th or additional convictionthe additional penalty of prision mayor in its minimum period to reclusion temporal in its minimum period Notwithstanding the provisions of this Article, the total of the two penalties to be imposed upon the offender, in conformity herewith, shall in no case exceed 30 years. For the purposes of this article, a person shall be deemed to be a habitual delinquent, if 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 of the said crimes a third time or oftener.
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Ro-An Salanga (I-A)
The purpose of the law in imposing additional penalty on habitual delinquents is to render more effective social defense and the reformation of multirecidivists The information must allege: a. dates of the commission of the previous crimes b. date of the last conviction or release c. dates of the other previous convictions or releases Convictions on the same day or about the same time are considered as one only Crimes committed on the same date, although convictions on different dates, are considered one The commissions of any of those crimes need not be consummated If one crime was committed during the minority of the offender, such crime should not be considered for the purpose of treating him as a habitual offender, because the proceedings as regards that crime were suspended The imposition of the additional penalty is mandatory Such additional penalty is to be imposed according to the number and nature of the modifying circumstances present Recidivism is inherent in habitual delinquency and shall be considered as aggravating circumstance in imposing the principal penalty But in imposing the additional penalty, recidivism is not an aggravating circumstance 63. Rules for the application of indivisible penalties In all cases in which the law prescribes a single indivisible penalty, it shall be applied by the courts regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed. In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be observed in the application thereof: (when in the commission of the deed/act) 1. There is only on aggravating circumstance presentthe greater penalty shall be applied 2. There are neither mitigating nor aggravating circumstances presentthe lesser penalty shall be applied
Ro-An Salanga (I-A)
3. There is some mitigating and no aggravating circumstance presentthe lesser penalty shall be applied 4. There is both mitigating and aggravating circumstancesthe courts shall allow to offset one another in consideration of their number and importance Exception: o When a privileged mitigating circumstance under Art. 68 or Art. 69 is present, the penalty imposed may be a divisible penalty 64. Rules for the application of penalties which contain three-periods. The courts shall observe for the application of the penalty the following rules, according to whether there are or are no mitigating or aggravating circumstances: (when there are) 1. Neither aggravating nor mitigatingpenalty prescribed by law in its medium period 2. Only a mitigating circumstancepenalty in its minimum period 3. Only an aggravating circumstancepenalty in its maximum period 4. Both mitigating and aggravating circumstances-- the courts shall allow to offset one another The mitigating circumstance must be ordinary, not privileged The aggravating circumstance must be generic or specific, not qualifying or inherent A qualifying circumstance cannot be offset by a generic mitigating circumstance 5. Two or more mitigating circumstances and no aggravating circumstancespenalty next lower to that prescribed by law according to the number and nature of such circumstances 6. Several aggravating circumstancespenalty prescribed by law in its maximum period 7. Within the limits of each period, the courts shall determine the extent of the penalty according to the number and nature of the aggravating and mitigating circumstances and the greater or lesser extent of the evil produced by the crime Art. 64 does not apply to the following cases: 1. When the penalty is single and indivisible 2. In felonies through negligence 3. The penalty to be imposed upon a Moro or other non-Christian inhabitants
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Non-Christianrefers not only to religious belief but in a way to geographical area and, more particularly, directly to Philippine natives of a low grade of civilization 4. When the penalty is only a fine imposed by an ordinance 5. When the penalties are prescribed by special laws 65. Rules in cases in which the penalty is not composed of three periods Example: Prision correccional in its medium and maximum periods 1. Compute and determine first the three periods of the entire penalty a. Prision correccional is 6 months and 1 day to 6 years b. Subtract the minimum from the maximum 6 years 6 months = 5 years and 6 months c. Divide the difference with 3 5 yrs and 6 months 3 = 1 yr and 10 months d. Use the minimum period then add the quotient to determine each periods Min: 6 months and 1 day to 2 yrs and 4 months Med: 2 yrs, 4 months and 1 day to 4 yrs and 2 months Max: 4 years, 2 months and 1 day to 6 years 2. Then subtract the lesser period from the greater period of the prescribed penalty 6 yrs 2 yrs and 4 months = 3 yrs and 8 months 3. Divide the difference into 3 equal portions 3 yrs and 8 months 3 = 1 yr, 2 months and 20 days 4. Use the minimum period then add the quotient to determine each period excluding the 1 day Min: 2 yrs, 4 months + 1 yr, 2 months and 20 days = 3 yrs, 6 months and 2 days Med: 3 yrs, 6 months and 21 days + 1 yr, 2 months and 20 days = 4 yrs, 9 months and 10 days Max: 4 years, 9 months and 11 days + 1 year, 2 months and 20 days = 6 years
66. Imposition of fines a. The court can fix any amount of the fine within the limits established by law b. The court must consider 1. The mitigating and aggravating circumstances 2. More particularly, the wealth or means of the culprit Fines are not divided into three equal portions When the law does not fix the minimum of the fine, determination of the amount of the fine to be imposed is left to the sound discretion of the court, provided it shall not exceed the maximum authorized by law 67. Penalty to be imposed when not all the requisites of exemption of the 4th circumstance of Art. 12 are present 1. Guilty of a grave felonythe penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon the culprit 2. Guilty of a less grave felonythe penalty of arresto mayor in its minimum and medium periods The conditions necessary to exempt from liability under Sec.4 of Art. 12 are: 1. That the act causing the injury be lawful; that is, permitted not only by law but also by regulations 2. That it be performed with due care 3. That the injury be caused by mere accident 4. That there be no fault or intention to cause the injury 68. Penalty to be imposed upon a person under 18 years of age 1. A child 15 years and underexempt from criminal responsibility 2. A child above 15 years but below 18 years of ageexempt from criminal liability unless he has acted with discernment 3. If the offender acted with discernmenthe shall undergo diversion programs provided under Chapter 2 of RA 9344 The penalty to be imposed is the penalty next lower than that prescribed by law in accordance with par. 2 of Art. 68
Ro-An Salanga (I-A)
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69. Penalty to be imposed when the crime committed is not wholly excusablea penalty lower by one or two degrees than that prescribed by law shall be imposed provided that majority of the conditions are present The privileged circumstances contemplated here include the incomplete justifying and incomplete exempting circumstances, provided the majority of their conditions is present In determining the proper period of the penalty one or two degrees lower, the court must consider the number and nature of the conditions of exemption or justification present or lacking 70. Successive service of sentences A. When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will so permit He should serve the two terms successively and the time of the second sentence did not commence to run until the expiration of the first B. Otherwise, the order of their respective severity shall be followed C. The respective severity of the penalties is as follows: a. Death to Arresto mayor, Arresto menor, Destierro b. Perpetual absolute disqualification c. Temporary absolute disqualification d. Suspension from public office, right to vote and be voted for, right to follow profession or calling e. Public censure D. The maximum duration of the convicts sentence shall not be more than threefold length of time corresponding to the most severe of the penalties imposed upon him The threefold rule only applies when the convict has to serve at least 4 sentences Example: A is sentenced to suffer a. 14 years, 8 months and 1 dayhomicide b. 17 years, 4 months and 1 day in another case c. 14 years and 8 months in the third case d. 12 yearsfrustrated homicide The total is 59 years, 8 months and 2 days The most severe penalty is (b) where 3 times of it is 52 years and 3 days
Ro-An Salanga (I-A)
Since the law has limited the duration of the maximum term of imprisonment to not more than 40 years, the accused will have to suffer 40 years only If the sum total of all the penalties does not exceed the most severe multiplied by 3, the threefold rule does not apply If the sentence is indeterminate, the basis of the threefold rule is the maximum term of the sentence The imposition of threefold maximum penalty does not preclude subsidiary imprisonment for failure to pay a fine E. Maximum period shall in no case exceed 40 yrs F. In applying the provisions of this rule, the duration of perpetual penalties shall be computed at 30 years Penalties which can be simultaneously served are: a. Perpetual/Temporary absolute disqualification b. Perpetual/Temporary special disqualification c. Suspension d. Destierro e. Public censure f. Fine and bond to keep the peace g. Civil interdiction h. Confiscation and payment of costs The above penalties, except destierro, can be served simultaneously with imprisonment Different systems of penalty relative to the execution of two or more penalties imposed on one and the same accused: a. The material accumulation systemall the penalties for all the violation are imposed even if they reach the natural span of human life b. The juridical accumulation systemthe service of the several penalties imposed on one and the same culprit is limited to not more than threefold the length of time corresponding to the most severe and in no case to exceed 40 years c. The absorption systemthe lesser penalties are absorbed by the graver penalties 71. Graduated Scales The court, in applying such lower or higher penalty in Art. 61, shall observe the following graduated scales: Scale No. 1 1. Death 6. Arresto mayor
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2. 3. 4. 5.
Reclusion perpetua Reclusion temporal Prision mayor Prision correccional
7. Destierro 8. Arresto menor 9. Public censure 10. Fine
Scale No. 2 1. Perpetual absolute disqualification 2. Temporary absolute disqualification 3. Suspension from public office, right to vote and be voted for, and the right to follow a profession or calling 4. Public censure 5. Fine Death shall no longer form part of the equation in the graduation of penalties pursuant to RA 9346 Destierro may be imposed when it is the penalty next lower and the circumstances require the imposition of a penalty one degree lower Art. 25penalties are classified into (1) principal and (2) accessory penalties. The principal penalties are subdivided into capital, afflictive, correctional and light Art. 70classifies the penalties, for the purpose of the successive service of sentences, according to their severity Art. 71provides for the scales which should be observed in graduating the penalties by degrees in accordance with Art. 61 72. Preference in the payment of civil liabilities The civil liabilities of a person found guilty of two or more offenses shall be satisfied by following the chronological order of the dates of final judgments rendered against him, beginning with the first in order of time Provision common to the last two preceding sections 73. Presumption in regard to the imposition of accessory penalties Whenever the courts shall impose a penalty which by provision of law, carries with it other penalties, according to the provision of Arts. 40-45, it must be understood that the accessory penalties are also imposed upon the convict
Ro-An Salanga (I-A)
74. Penalty higher than reclusion perpetua in certain cases In cases in which the law prescribes a penalty higher than another given penalty, without specifically designating the name of the former, if such higher penalty should be that of death, the same penalty and the accessory penalties of article 40, shall be considered as the next higher penalty. When a given penalty has to be raised by one or two degrees and the resulting penalty is death according to the scale, but is not specifically provided by law as a penalty, the latter cannot be imposed The reason for the provision is that the penalty higher than reclusion perpetua cannot be death because the penalty of death must be specifically imposed by law as a penalty given for a crime 75. Increasing or reducing the penalty of fine by one or more degrees Whenever it may be necessary to increase or reduce the penalty of fine by one or more degrees, it shall be increased or reduced, respectively, for each degree, by one-fourth of the maximum amount prescribed by law, without, however, changing the minimum Example: 1. Reducing the finesubtraction The fine is from P200 to P2000 o of the maximum amount, P2000, is P500 o One degree lowerP200 as minimum to P1500 as maximum o Two degrees lowerP200 as minimum to P1000 as maximum 2. Increasing the fineaddition The fine is from P200 to P2000 o of the maximum amount, P2000, is P500 o One degree higherP200 to P2500 The same rules shall be observed with regard to fines that do not consist of a fixed amount, but are made proportional Example: the fine shall be from an amount equal to the value of the damage to 3 times such value, but in no case be less than P25 o If the value is P2300, which serves as the minimum, the maximum is P6900, which is 3 times of the minimum 76. Legal period of duration of divisible penalties The legal period of duration of divisible penalties shall be considered as divided into three parts, forming three periods, the minimum, the
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medium, and the maximum in the manner shown in the following table: TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN EACH OF THEIR PERIODS Penalties Time included in the penalty in its entirety From 12 years and 1 day to 20 years. Time included in its minimum period From 12 years and 1 day to 14 years and 8 months. Time Time included in included in its medium its maximum period From 14 years, 8 months and 1 day to 17 years and 4 months. From 17 years, 4 months and 1 day to 20 years. From 10 years and 1 day to 12 years.
Reclusion temporal
77. When the penalty is a complex one composed of three distinct penalties In cases in which the law prescribes a penalty composed of three distinct penalties, each one shall form a period; the lightest of them shall be the minimum, the next the medium, and the most severe the maximum period The above paragraph is the definition of complex penalty Example: reclusion temporal to death o Max: Death o Med: reclusion perpetua o Min: reclusion temporal Whenever the penalty prescribed does not have one of the forms specially provided for in this Code, the periods shall be distributed, applying for analogy the prescribed rules 78. When and how a penalty is to be executed No penalty shall be executed except by virtue of a final judgment. A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or incidents than those expressly authorized thereby. In addition to the provisions of the law, the special regulations prescribed for the government of the institutions in which the penalties are to be suffered shall be observed with regard to the character of the work to be performed, the time of its performance, and other incidents connected therewith, the relations of the convicts among themselves and other persons, the relief which they may receive, and their diet. The regulations shall make provision for the separation of the sexes in different institutions, or at least into different departments and also for the correction and reform of the convicts. The judgment must be final before it can be executed, because the accused may still appeal within 15 days from its promulgation But if the defendant has expressly waived in writing his right to appeal, the judgment becomes final immediately
Prision mayor, From 6 years absolute and 1 day to disqualification 12 years. and special temporary disqualification Prision correccional, suspension anddestierro From 6 months and 1 day to 6 years.
From 6 From 8 years and 1 years and 1 day to 8 day to 10 years. years.
From 6 months and 1 day to 2 years and 4 months.
From 2 years, 4 months and 1 day to 4 years and 2 months.
From 4 years, 2 months and 1 day to 6 years. From 4 months and 1 day to 6 months.
Arresto mayor
From 1 From 1 to 2 From 2 month and 1 months. months and day to 1 day to 4 months. months.
Arresto menor
From 1 to 30 From 1 to From 11 to From 21 to days. 10 days. 20 days. 30 days.
Periodeach of the 3 equal parts of a divisible penalty Degreethe diverse penalties mentioned by name in the RPC
Crim 1 Notes (AY 2010-2011) Page 34 of 50
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79. Suspension of the execution and service of the penalties in case of insanity When a convict shall become insane or an imbecile after final sentence has been pronounced, the execution of said sentence shall be suspended only with regard to the personal penalty, the provisions of the second paragraph of circumstance number 1 of Art. 12 being observed in the corresponding cases Only execution of personal penalty is suspended in case of insanity Civil liability may be executed even in case of insanity of convict If at any time the convict shall recover his reason, his sentence shall be executed, unless the penalty shall have prescribed in accordance with the provisions of this Code The respective provisions of this section shall also be observed if the insanity or imbecility occurs while the convict is serving his sentence An accused person may become insane: 1. At the time of the commission of the offense o Exempt from criminal liability [Art. 12(1)] 2. At the time of trial o The court shall suspend proceedings and order his confinement in a hospital until he recovers his reason [Art. 12(1)] 3. At the time of final judgment 4. While serving sentence o Under 3 and 4, the execution thereof shall be suspended with regard to the personal penalty only 80. Suspension of sentence of minor delinquents Whenever a minor of either sex, under 16 years of age at the date of the commission of a grave or less grave felony, is accused thereof, the court, after hearing the evidence in the proper proceedings, instead of pronouncing judgment of conviction, shall suspend all further proceedings and shall commit such minor to the custody or care of a public or private, benevolent or charitable institution, established under the law of the care, correction or education of orphaned, homeless, defective, and delinquent children, or to the custody or care of any other responsible person in any other place subject to visitation and supervision by the Director of Public Welfare or any of his agents or representatives, if there be any, or otherwise by the superintendent of public schools or his representatives,
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subject to such conditions as are prescribed hereinbelow until such minor shall have reached his majority age or for such less period as the court may deem proper (As amended by RA 47) The court, in committing said minor as provided above, shall take into consideration the religion of such minor, his parents or next of kin, in order to avoid his commitment to any private institution not under the control and supervision of the religious sect or denomination to which they belong The Director of Public Welfare or his duly authorized representatives or agents, the superintendent of public schools or his representatives, or the person to whose custody or care the minor has been committed, shall submit to the court every 4 months and as often as required in special cases, a written report on the good or bad conduct of said minor and the moral and intellectual progress made by him The suspension of the proceedings against a minor may be extended or shortened by the court on the recommendation of the Director of Public Welfare or his authorized representative or agents, or the superintendent of public schools or his representatives, according as to whether the conduct of such minor has been good or not and whether he has complied with the conditions imposed upon him, or not. The provisions of the first paragraph of this article shall not, however, be affected by those contained herein If the minor has been committed to the custody or care of any of the institutions mentioned in the first paragraph of this article, with the approval of the Director of Public Welfare and subject to such conditions as this official in accordance with law may deem proper to impose, such minor may be allowed to stay elsewhere under the care of a responsible person If the minor has behaved properly and has complied with the conditions imposed upon him during his confinement, in accordance with the provisions of this article, he shall be returned to the court in order that the same may order his final release In case the minor fails to behave properly or to comply with the regulations of the institution to which he has been committed or with the conditions imposed upon him when he was committed to the care of a responsible person, or in case he should be found
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incorrigible or his continued stay in such institution should be inadvisable, he shall be returned to the court in order that the same may render the judgment corresponding to the crime committed by him The expenses for the maintenance of a minor delinquent confined in the institution to which he has been committed, shall be borne totally or partially by his parents or relatives or those persons liable to support him, if they are able to do so, in the discretion of the court; Provided, That in case his parents or relatives or those persons liable to support him have not been ordered to pay said expenses or are found indigent and cannot pay said expenses, the municipality in which the offense was committed shall pay one-third of said expenses; the province to which the municipality belongs shall pay one-third; and the remaining one-third shall be borne by the National Government: Provided, however, That whenever the Secretary of Finance certifies that a municipality is not able to pay its share in the expenses above mentioned, such share which is not paid by said municipality shall be borne by the National Government. Chartered cities shall pay two-thirds of said expenses; and in case a chartered city cannot pay said expenses, the internal revenue allotments which may be due to said city shall be withheld and applied in settlement of said indebtedness in accordance with section five hundred and eighty-eight of the Administrative Code (As amended by Com. Act. 99 and RA 47) Art. 80 has been repealed by Chapter 3 of PD 603, as amended (The Child and Youth Welfare Code), and by RA 9344 (Juvenile Justice and Welfare Act of 2006) RA 9344 repealed PD 603 on the matter of definition although both cover children who are under 18 years of age Under PD 603 o Youthful offendera child, minor or youth, including one who is emancipated in accordance with law, who is over 9 years but under 18 years of age at the time of the commission of the offense o Minimum age of Criminal Responsibility 9 years or under at the time of the commission of the offense, and over 9 years and under 15, unless he acted with discernment, shall be exempt from criminal liability
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o Discernment Over 9 and under 15 years of age who acted with discernmentthe court may suspend all further proceedings and shall commit such minor to the custody or care of DSWD until he reached the age of 21 or for a shorter period as the court may deem proper o Suspension of sentence There is no automatic suspension of sentence The youthful offender should apply for it and it is discretionary on the court to approve the application The order of the court denying the suspension shall not be appealable Under RA 9344 o Definition Childa person under 18 years Child in conflict with the lawa child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine Laws o Minimum age of Criminal Responsibility 15 years of age or underat the time of the commission of the offense shall be exempt from criminal liability but is subjected to an intervention program (Sec. 20 of RA 9344) Above 15 years but below 18 years of ageshall likewise be exempt from criminal liability and be subjected to an intervention program, unless he acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with RA 9344 Exemption from criminal liability does not include exemption from civil liability, which shall be enforced in accordance with existing laws o Intervention Program 15 years old or belowauthority has the duty to immediately release the child to the custody of his parents or guardians, or in the absence thereof, the childs nearest relative If the parents, guardian or relatives cannot be located or refuses to take custody, the child may be released to: a. Duly registered non-governmental or religious organization b. Barangay official or member of the Barangay Council for the Protection of Children (BCPC) c. Local social welfare and development officer d. DSWD, when appropriate
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o o
o o
If the child is abandoned, neglected or abused by his parents or in the event that the parent will not comply with the prevention program, DSWD or the Local Social Welfare and Development Office shall file a proper petition for involuntary commitment Over 15 but under 18 who acted with discernmentautomatic suspension of sentence, the child in conflict with the law need not to apply for it, and shall be subjected to a diversion program Such suspension of sentence shall be applied even if the juvenile is already 18 years of age or more at the time of the pronouncement of his guilt Bail For purpose of recommending the amount of bail, the privileged mitigating circumstance of minority shall be considered Release on Recognizance The court shall not order the detention of a child in a jail pending the trial or hearing of his or her case Where a child is detained, the court shall order: a. The release of the minor on recognizance to his parent and other suitable persons b. The release of the child in conflict with the law on bail c. The transfer of the minor to a youth detention home / youth rehabilitation center Detention of the child pending trial Institutionalization or detention of the child pending trial shall be used only as a measure of last resort and for the shortest possible period of time The child shall be detained in youth detention homes established by the local governments Diversion measures Whenever the maximum penalty imposed by law is imprisonment of not more than 12 years or fine alone regardless of the amount, before the arraignment of the child in conflict with the law, the court shall determine whether or not diversion is appropriate Discharge of the child in conflict with the law Upon the recommendation of the social worker, the court shall dismiss the case against the child whose sentence has been suspended and against whom disposition measures have been issued, and shall order the final discharge of the child if it finds that the objective of the disposition measures have been fulfilled Return of Child in conflict with the law to court
o o
If the objective of the disposition measures has not been fulfilled, the child shall be brought before the court for execution of judgment Credit in Service of Sentence The child shall be credited in the service of his sentence with the full time spent in actual commitment and detention under RA 9344 Probation as an Alternative to Imprisonment The court may, after conviction and sentencing of the child, and upon application at any time, place the child on probation in lieu of service of his sentence taking into account the best interest of the child Rehabilitation and reintegration Objective: provide them with interventions, approaches and strategies that will enable them to improve their social functioning with the end goal of reintegration to their families and as productive members of their communities Court order is required Children are in separate facilities from adults Female children shall be given special attention as to their personal needs and problems and shall be accommodated separately from male children in conflict with the law The expenses for the care and maintenance of the child shall be borne by his parents or those persons liable to support him If the parents or those liable to support the child cannot pay all or part of said expenses, it will be divided into: a. 1/3 municipality b. 1/3 province c. 1/3 national government d. For chartered cities2/3 The convicted child may also be confined in agricultural camps and other training facilities Liability of parents or guardian or any person in the commission of delinquent acts by their children or wardsif they know of the acts be punished by a fine not exceeding P500 or to imprisonment for a period not exceeding 2 years, or both, at the discretion of the court There is a confidentiality of records and proceedings
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81. When and how the death penalty is to be executed The death sentence shall be executed with reference to any other and shall consist in putting the person under sentence to death by electrocution. The death sentence shall be executed under the authority of the Director of Prisons, endeavoring so far as possible to mitigate the sufferings of the person under sentence during electrocution as well as during the proceedings prior to the execution Under RA 8177, the death sentence shall be executed by means of lethal injection If the person under sentence so desires, he shall be anaesthetized at the moment of the electrocution In view of enactment of RA 9346, the death penalty shall not be imposed Arts. 81-85 of the RPC have no application 82. Notification and execution of the sentence and assistance to the culprit The court shall designate a working day for the execution but not the hour thereof; and such designation shall not be communicated to the offender before sunrise of said day, and the execution shall not take place until after the expiration of at least 8 hours following the notification, but before sunset. During the interval between the notification and the execution, the culprit shall, in so far as possible, be furnished such assistance as he may request in order to be attended in his last moments by priests or ministers of the religion he professes and to consult lawyers, as well as in order to make a will and confer with members of his family or persons in charge of the management of his business, of the administration of his property, or of the care of his descendants. A convict sentenced to death may make a will If the death penalty was executed, the convict may dispose of his property by an act or conveyance inter vivos But complication arises if it was not executed by reason of commutation or pardon where he would suffer civil interdiction
83. Suspension of the execution of the death sentence The death sentence shall not be inflicted upon a woman within the 1 year after delivery, nor upon any person over 70 years of age. In this last case, the death sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalties provided in Art. 40 In all cases where the death sentence has become final, the records of the case shall be forwarded immediately by the SC to the Office of the President for possible exercise of pardoning Death sentence shall be suspended when the accused is a a. Woman, while pregnant b. Woman, within 1 year after delivery c. Person over 70 years of age d. Convict who becomes insane after final sentence of death has been pronounced. But when he recovers his reason and before the penalty has prescribed, he may be put to death Art. 83 speaks of suspension while Art. 47 provides for cases in which death penalty is not to be imposed RTC can suspend execution of death sentence upon review or reconsideration of the proceedings 84. Place of execution and persons who may witness the same The execution shall take place in the penitentiary of Bilibid in a space closed to the public view and shall be witnessed only by the priests assisting the offender and by his lawyers, and by his relatives, not exceeding 6, if he so request, by the physician and the necessary personnel of the penal establishment, and by such persons as the Director of Prisons may authorize Persons who may witness execution a. Priests assisting the offender b. Offenders lawyers c. Offenders relatives, not exceeding 6, if so requested d. Physician e. Necessary personnel of penal establishment Person below 18 years of age may not be allowed to witness an execution
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85. Provisions relative to the corpse of the person executed and its burial Unless claimed by his family, the corpse of the culprit shall, upon the completion of the legal proceedings subsequent to the execution, be turned over to the institute of learning or scientific research first applying for it, for the purpose of study and investigation, provided that such institute shall take charge of the decent burial of the remains Otherwise, the Director of Prisons shall order the burial of the body of the culprit at government expense, granting permission to be present thereat to the members of the family of the culprit and the friends of the latter. In no case shall the burial of the body of a person sentenced to death be held with the pomp Burying of the corpse of a person sentenced to death with pomp is penalized under Art. 153 This is to prevent anyone from making a hero out of a criminal 86. The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor, shall be executed and served in the places and penal establishments provided by the Administrative Code in force or which may be provided by law in the future 87. Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25 kilometers from the place designated Destierro is imposed: 1. Art. 247whe death or serious physical injuries is caused or are inflicted under exceptional circumstances 2. Art. 284when a person fails to give bond for good behavior 3. Art. 334as a penalty for the concubine in the crime of concubinage 4. When after lowering the penalty by degrees, destierro is the proper penalty 88. The penalty of arresto menor shall be served in the municipal jail, or in the house of the defendant himself under the surveillance of an officer of the law, when the court so provides in its decision, taking into
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consideration the health of the offender and other reasons which may seem satisfactory to it Grounds for serving the penalty in the house of the defendant when the court provides in its decision are health and other reasons satisfactory to the court Total Extinction of Criminal Liability 89. Criminal liability is totally extinguished by: A. Death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment death of the convict, whether before or after final judgment, extinguishes criminal liability civil liability is extinguished only when death occurs before final judgment criminal and civil liability is extinguished when the offender dies before final judgment o but claim for civil liability survives if it may be predicated on a source of obligation other than delict, such as law, contracts, quasi-contracts and quasi-delicts o if the private offended party desires to recover damages from the same act or omission complained of, he must file a separate civil action which is not lost by prescription of death, predicated not on the felony previously charged but on other sources of obligation final judgmentjudgment beyond recall B. Service of the sentence Crimea debt incurred by the offender as a consequence of his wrongful act and the penalty is but the amount of his debt When payment is made, the debt is extinguished Civil liability is not extinguished by service of sentence C. Amnesty, which completely extinguishes the penalty and all its effects Amnestyan act of the sovereign power granting oblivion or a general pardon for a past offense, and is rarely, if ever, exercised in favor of a single individual, and is usually exerted in behalf of certain classes of persons, who are subject to trial but have not yet been convicted
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o May also be granted after conviction But civil liability is not extinguished by amnesty D. Absolute pardon Pardonact of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed Kinds of pardon: a. Absolute pardon b. Conditional pardon o Whichever kind, for the validity, delivery is an indispensable requisite o Once accepted by the grantee, the pardon already delivered cannot be revoked by the authority which granted it Amnesty A blanket pardon to classes of persons who may be guilty of political offenses May be exercised even before trial or investigation is had Looks backward and abolishes and puts into oblivion the offense itself Pardon Includes any crime and is exercised individually by the President
a. that there be final judgment b. that the period of time prescribed by law for its enforcement has elapsed G. Marriage of the offended woman, as provided in Art. 344 of this Code Crimes of rape, seduction, abduction or acts of lasciviousness Marriage must be contracted by the offender in good faith Marriage contracted only to avoid criminal liability is devoid of legal effects Extinction of criminal liability does not automatically extinguish civil liability Causes of extinction of criminal liability arise after the commission of the offense Criminal liability is totally extinguished is a ground for motion to squashto bar another prosecution for the same offense 90. Prescription of crime (Crimes punishable by) The penalty prescribed by law is considered A. Death, reclusion perpetua or reclusion temporalprescribe in 20 years B. Other afflictive penaltiesprescribe in 15 years C. correctional penaltyprescribe in 10 years o Except of those punishable by arresto mayorprescribe in 5 years D. Libel or other similar offenses1 year E. Oral defamation and slander by deedprescribe in 6 months Simple slander prescribes in 2 months Grave slander prescribes in 6 months F. Light offensesprescribe in 2 months When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application of the rules contained in the first, second and third paragraphs of this article (As amended by RA 4661) o Example: Penalty of arresto mayor in its maximum to prision correccional in its minimum Since prision correccional is the higher penalty, it will prescribe in 10 years o Applicable to both fines and imprisonment
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Exercised when the person is already convicted Looks forward and relieves the offender from the consequences of an offense of which he was convicted Person released by amnesty stands Does not work the restoration of the before the law precisely as though rights to hold office, suffrage, unless he had committed no offense such rights be expressly restored by the terms of the pardon Do not extinguish civil liability A proclamation of the President A private act of the President which with the concurrence of Congress, must be pleaded and proved by the is a public act of which the courts person pardoned should take judicial notice E. Prescription of the crime forfeiture or loss of the right of the State to prosecute the offender after the lapse of a certain time F. Prescription of the penalty loss or forfeiture of the right of the Government to execute the final sentence after the lapse of a certain time conditions necessary:
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A month is computed as the regular 30-day month Provisions of RA 4661, reducing the prescriptive period of the crime of libel or other similar offenses from 2 years to 1 year, shall not apply to cases of libel already filed in court at the time of approval of this amendatory act, June 18 1966 In computing the period of prescription, the first day is to be excluded and the last day included o The running of the prescriptive period should commence from the day following the day on which the crime was committed o Where the last day of the prescriptive period for filing an information falls on a Sunday or legal holiday, the information can no longer be filed on the next day as the crime has already prescribed Prescription of crimes punishable by fines shall depend on the classification of such fine as whether a. Afflictiveover P6 000 b. CorrectionalP200 to P6 000 c. Light felonyless than P200 Defense of prescription may be raised during the trial or during the appeal, and is a ground for the acquittal of the accused Accused cannot be convicted of an offense lesser than that charged if the lesser offense had already prescribed at the time the information was filed Prescriptive periods of offenses punished under special laws and municipal ordinances (but is not applicable when the law specifically provides for its own prescriptive period) a. Only by a fine or by imprisonment for not more than 1 month, or bothprescribes after 1 year b. Imprisonment for more than 1 month but less than 2 years prescribes after 4 years c. Imprisonment for 2 years or more but less than 6 yearsprescribes after 8 years d. Imprisonment for 6 years or moreafter 12 years e. Offenses under Internal Revenue Law5 years f. Violations of municipal ordinances2 months g. Violations of the regulations or conditions of certificate of convenience by the Public Service Commission2 months Under special laws and ordinances, prescriptive period begins to run from the day of the commission of the violation, and if not known, from the discovery thereof, and can be interrupted when proceedings
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are instituted against the guilty person and shall run again if the proceedings are dismissed for reasons not constituting jeopardy 91. Computation of prescription of offenses The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him The term of prescription shall not run when the offender is absent from the Philippine Archipelago The period of prescription of crime commences to run from the commission of the offense or its discover, if the commission of the same unknown The fact that the culprit is unknown will not prevent the period of prescription from commencing to run because it is the discovery of the crime, and not the discovery of the offender It is also not necessary that the accused is arrested Continuing crimeprescriptive period cannot begin to run for there could be no termination of continuity and the crime does not end The crime is discovered by (a) the offended party, (b) the authorities, or (c) their agents The complaint or information that will interrupt the period of prescription must be the proper information or complaint corresponding to the offense The original prescriptive period should be considered if the filing of amended complaint or information is merely a correction of a defect and there are no new information The termination through prescription of crimes refers to a termination that is final as to amount to a jeopardy that would bar a subsequent prosecution Prescription of election offenses o If discovery of offense is incidental to judicial proceedingsbegins when such proceeding terminates o If discovery of offense is not incidentalbegins from the date of commission of offense
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Prescription of the offense of false testimony o if unfavorable to the defendant from time principal case is finally decided o if favorable to the defendantfrom the time there is a specific penalty which does not depend on the conviction or acquittal of the defendant
92. The penalties imposed by final sentence prescribe as follows: 1. Death and reclusion perpetua20 years 2. Other afflictive penalties15 years 3. Correctional penalties--in 10 years o Except of the penalty of arresto mayorprescribes in 5 years 4. Light penalties1 year The penalty imposed by the court that should be considered Contemplates the deduction or addition based on circumstances present 93. Computation of the prescription of penalties The period of prescription of penalties commences to run from the date when the culprit evaded the service of his sentence It is interrupted if the convict 1. Gives himself up 2. Be captured 3. Goes to a foreign country with which we have no extradition treaty 4. Commits another crime before the expiration of the prescription Elements: 1. That the penalty is imposed by final sentence 2. That the convict evaded the service of the sentence by escaping during the term of his sentence 3. That the convict who escaped from prison has not given himself up, or been capture, or gone to a foreign country with which we have no extradition treaty, or committed another crime 4. That the penalty has prescribed, because of the lapse of time from the date of the evasion of the service of the sentence by the convict Acceptance of conditional pardon interrupts the prescriptive period Partial Extinction of Criminal Liability 94. Criminal liability is extinguished partially: A. By conditional pardon
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A contract between the sovereign power of the executive and the convict that the former will release the latter upon compliance with the condition Usual condition is he shall not again violate any of the penal laws of the Philippines B. By commutation of the sentence A change of the decision of the court made by the President by reducing the degree of the penalty inflicted upon the convict, or by decreasing the length of imprisonment or the amount of the fine Consent of the offender is not necessary Specific cases where commutation is provided by the Code and lower the degree of the penalty from death to reclusion perpetua: a. The convict sentenced to death is 70 years old b. When 8 justices of the SC fail to reach a decision for the affirmance of the death penalty C. For good conduct allowances which the culprit may earn while he is serving his sentence Deduction from the term of the sentence for good behavior A prisoner is also entitled to special time allowance for loyalty o A deduction of 1/5 of the period of his sentence is granted to a loyal prisoner Parole should be added as No. 4 in the enumeration o consists in the suspension of the sentence of a convict after serving the minimum term of the indeterminate penalty, without granting a pardon, prescribing the terms upon which the sentence shall be suspended o if the convict fails to observe the conditions of the parole, where conviction is not necessary but only the commission of any crime, is sufficient to warrant parolees arrest and re-incarceration Conditional Pardon Parole Granted by the President under Granted by the Board of Pardons and Administrative Code which may Parole under ISL which may be given be given at any time after the final after the prisoner has served the judgment minimum penalty For violation, convict may be For violation, convict cannot be ordered re-arrested or re- prosecuted under Art. 159, but can be incarcerated by the President, or re-arrested and re-incarcerated to serve may be prosecuted under Art. 159 the unserved portion of his original penalty
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95. Obligation incurred by person granted conditional pardon Any person who has been granted conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein otherwise, his non-compliance with any of the conditions specified shall result in the revocation of the pardon and the provisions of Art. 159 shall be applied to him Outline of the provision: 1. He must comply strictly with the conditions imposed in the pardon 2. Failure to comply shall result in the revocation of the pardon where the President may order his arrest and re-incarceration 3. He becomes liable under Art. 159 which is the judicial remedy Condition of pardon is limited to the unserved portion of the sentence, unless an intention to extend it beyond that time is manifest 96. Effect of commutation of sentence The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former 97. Allowance for good conduct The good conduct of any prisoner in any penal institution shall entitle him to the following deductions from the period of his sentence: (during theshall be allowed a) 1. First 2 years of his imprisonmentdeduction of 5 days for each month of good behavior 2. Third to the fifth year, inclusive, of his imprisonmentdeduction of 8 days for each month of good behavior 3. Following years until the tenth year, inclusive, of his imprisonmentdeduction of 10 days for each month of good behavior 4. Eleventh and successive years of his imprisonmentdeduction of 15 days for each month of good behavior any prisonerprisoner serving his sentence No allowance for good conduct while prisoner is released under conditional pardon because he is not serving the remitted penalty in prison
98. Special time allowance for loyalty A deduction of 1/5 of the period of his sentence shall be granted to any prisoner who, having evaded the service of his sentence under the circumstances mentioned in Art. 158 of this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe to in said article the period of his sentenceoriginal sentence Art. 158a convict who shall evade the service of his sentence, by leaving the penal institution where he shall have been confined, on the occasion of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not participated, is liable to an increased penalty (1/5 of the time still remaining to be served not to exceed 6 months), if he fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity 99. Who grants time allowance Whenever lawfully justified, the Director of Prisons shall grant allowances for good conduct. Such allowances once granted shall not be revoked The allowance for good conduct is not an automatic right for it must be granted by the Director of Prisons Allowances for good conduct once granted by the Director of Prisons cannot be revoked by him The authority to grant time allowance is exclusively vested in the Director of Prisons Person Civilly Liable For Felonies 2 classes of injuries which an offense causes: A. Social injury produced by the disturbance and alarm which are the outcome of the offense sought to be repaired through the imposition of the corresponding penalty
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B. Personal injury caused to the victim of the crime who may have suffered damage, either to his person, property, honor, or to her chastity sought to be repaired through indemnity which is civil in nature 100. Every person criminally liable for a felony is also civilly liable New Civil Code o Art. 20Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same o Art. 1161Civil obligations arising from criminal offenses shall be governed by penal laws o Art. 2176The civil liability arising from negligence under the RPC is entirely separate and distinct from the responsibility for fault or negligence called quasi-delict o Art. 2177But the party claiming payment for the damage done cannot recover twice for the same act or omission of the defendant Civil liability under the RPC includes (Art. 104): 1. Restitution 2. Reparation of the damage caused 3. Indemnification for consequential damages Civil liability will not arise from crime of treason, rebellion, espionage, contempt and others wherein there are no damages to be compensated for or there is no private person injured by the crime Damages that may be recovered in criminal cases: 1. Crimes against propertydamages based on the price of the thing and its special sentimental value to the injured party may be recovered, if the thing itself cannot be restored 2. Crimes against personsthe injured party is entitled to be paid for whatever he spent for the treatment of his wounds, doctors fees, and for medicine, as well as the salary or wages unearned by him because of his inability to work due to his injuries (crime of physical injuries) 3. Damages for loss or impairment of earning capacity in cases of temporary or permanent personal injury 4. Moral damages may be recovered in a criminal offense resulting in a. Physical injuries b. Crimes of Seduction, Abduction, and other lascivious acts c. Rapemay be additionally awarded to the victim, without need for pleading or proof of the basis thereof d. Adultery or concubinage
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Illegal or arbitrary detention or arrest Illegal search Libel Slander, or any other form of defamation Malicious prosecution 5. Exemplary damages may be imposed when the crime was committed with one or more aggravating circumstances 6. Damages for death caused by a crime have been raised to P50 000, and in addition a. For the loss of the earning capacity of the deceased b. Liable to give support if the deceased was obliged to give support to one not an heir of the deceased c. Pay moral damages for mental anguish to the spouse, legitimate and illegitimate descendants and ascendants Civil liability may exist, although the accused is not held criminally liable, in the following cases: 1. Acquittal on reasonable doubt 2. Acquittal from a cause of non-imputabilityArt. 101 (exemptions from criminal liability) 3. Acquittal in the criminal action for negligence 4. When there is only civil liability 5. In cases of independent civil actions Prosecution of Civil Action arising from Crime: Institution of criminal and civil actions: 1. When a criminal action is instituted, the civil action for recovery of civil liability arising from the offense charged shall be deemed instituted unless the offended party a. waives the civil action b. reserves the right to institute it separately c. institutes the civil action prior to the criminal action 2. The criminal action for violation of BP 22 shall be deemed to include the corresponding civil action and no reservation to file such shall be allowed When civil action may proceed independently o In the cases provided for in Arts. 32, 33, 34 and 2176 of the Civil Code and shall require only a preponderance of evidence. In no case, may the offended party recovers damages twice When separate civil action is suspended 1. After the criminal action has commenced
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e. f. g. h. i.
2. If the criminal action is filed after the civil action has already been instituted A judgment in civil action is not a bar to a criminal action against the defendant When the offender is acquitted on the ground that his guilt was not proven beyond reasonable doubt, a civil action may still be instituted Judgment in the civil case already promulgated is not suspended by the filing of criminal action Sec. 2 of Rule 111 of the Revised Rules of Criminal Procedure: After the criminal action has been commenced, the separate civil action arising therefrom cannot be instituted until final judgment has been entered in the criminal action.chan robles virtual law library If the criminal action is filed after the said civil action has already been instituted, the latter shall be suspended in whatever state it may be found before judgment on the merits. The suspension shall last until final judgment is rendered in the criminal action. Nevertheless, before judgment on the merits rendered in the civil action, the same may, upon motion of the offended party, be consolidated with the criminal action in the court trying the criminal action. In case of consolidation, the evidence already adduced in the civil action shall be deemed automatically reproduced in the criminal action without prejudice to the right of the prosecution to cross-examine the witness presented by the offended party in the criminal case and of the parties to present additional evidence. The consolidated criminal and civil actions shall be tried and decided jointly. During the pendency of the criminal action, the running period of prescription of the civil action which cannot be instituted separately or whose proceeding has been suspended shall be tolled. The extinction of the penal action does not carry with it extinction of the civil action. However, the civil action based on delict shall be deemed extinguished if there is a finding in a final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist. o Sec. 2 of Rule 111 applies only a. When claimant in the civil action is the offended party in the criminal action b. Both cases arise from the same offense c. To civil liability arising from crime
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o Attachment of the property of the accused as security for the satisfaction of any judgment that may be recovered in the following cases: a. When the accused is about to abscond from the Philippines b. When the criminal action is based on a claim for money or property embezzled or fraudulently misapplied or converted by the accused for a willful violation of duty or other person in a fiduciary capacity c. When the accused has concealed, removed, or disposed of his personal property, or is about to do so d. When the accused resides outside the Philippine o Writ of attachment may be issued in criminal cases From a judgment of conviction, two appeals may accordingly be instituted: criminal and civil Reservation to the right to institute separate civil action is necessary in the following cases: a. Cases referred to in Art. 32 of the Civil Code b. Cases of defamation, fraud and physical injuries where physical injuries include attempted or frustrated homicide, or death c. When the civil action is against a member of a city or municipal police force refusing to render aid d. Action for damages arising from fault or negligence, there being no pre-existing contractual relation between the parties o The purpose of reservation is to prevent the matter from becoming res adjudicate If the offended party in the criminal case is represented by a private prosecutor, he cannot file an independent civil action Extinction of criminal action does not arise to the extinction of a civil action Prejudicial questionone which arises in a cases where the resolution of which is a logical antecedent of the issue involved in said case and the cognizance of which pertains to another tribunalmust be decided before any criminal prosecution may be instituted or may proceed o Elements of prejudicial question: a. The civil action involves an issue similar or intimately related to the issue raised in the criminal action b. The resolution of such issue determines whether or not the criminal action may proceed i. The prejudicial question must be determinative of the case before the court
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ii. Jurisdiction to try said question must be lodged in another tribunal 101. Rules regarding civil liability in certain cases The exemption from criminal liability established in subdivisions 1, 2, 3, 5 and 6 of Article 12 and in subdivision 4 of Article 11 of this Code does not include exemption from civil liability, which shall be enforced subject to the following rules: 1st. In cases of subdivisions of Art. 12(1) (2) (3), the civil liability shall devolve upon those having such person under their legal authority or control, unless it appears that there was no fault or negligence on their part o In case of absence of such person or such person is insolvent, the said insane, imbecile, or minor shall respond with their own property, excepting property exempt from execution, in accordance with the civil law Courts, even when they hold the accused exempt from criminal liability, must fix the civil liability of the person charged with the watching over and caring for him or the liability of the demented person himself with his property 2nd. In cases falling within Art. 11(4), the persons for whose benefit the harm has been prevented shall be civilly liable in proportion to the benefit which they may have received o The courts shall determine, in sound discretion, the proportionate amount for which each one shall be liable o When the respective shares cannot be equitably determined, even approximately, or when the liability also attaches to the Government, or to the majority of the inhabitants of the town, and, in all events, whenever the damages have been caused with the consent of the authorities or their agents, indemnification shall be made in the manner prescribed by special laws or regulations Generally, there is no civil liability in justifying circumstances except in Art. 11(4) The person civilly liable is the one benefited by the act which causes damage to another 3rd. In cases falling Art. 12(5) (6), the persons using violence or causing the fears shall be primarily liable and secondarily, or, if there be no
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such persons, those doing the act shall be liable, saving always to the latter that part of their property exempt from execution In case of person acting under irresistible force or uncontrollable fear, the person civilly liable are: b. The persons using violence or causing fear are primarily liable c. If there be no such person, those doing the act shall be liable secondarily 102. Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of establishments Elements of par. 1: 1. That the innkeeper, tavernkeeper or proprietor of the establishment or his employee committed a violation of municipal ordinance or some general or special police regulation 2. That a crime is committed in such inn, tavern or establishment 3. That the person criminally liable is insolvent o If all of the above are present, the innkeeper, tavernkeeper or any other person or corporation is civilly liable (subsidiarily) for the crime committed in his establishment Elements of par. 2: 1. The guests notified in advance the innkeeper or the person representing him of the deposit of their good within the inn or house 2. The guests followed the direction of the innkeeper or his representative with respect to the care of and vigilance over such goods 3. Such goods of the guests lodging therein were taken by robbery with force upon things or theft committed within the inn or house o When all of the above are present, the innkeeper is subsidiarily liable o However, no liability shall attach in case of robbery with violence against or intimidation of persons, unless committed by the innkeepers employees It is not necessary that the effects of the guest be actually delivered to innkeeper
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103. Subsidiary civil liability of other persons Elements: A. The employer, teacher, person or corporation is engaged in any kind of industry Industryany department or branch of art, occupation or business, especially, one which employs so much labor and capital and is a distinct branch of trade A hospital is not engaged in industry, so, nurses are not servants B. Any of their servants, pupils, workmen, apprentices or employees commits a felony while in the discharge of his duties C. The said employee is insolvent and has not satisfied his civil liability o When all the elements are present, the employer or teacher is subsidiarily liable Decision convicting an employee is binding upon the employer with respect to the civil liability and its amount The court does not need to expressly pronounce the subsidiary liability of the employer in the dispositive portion of its decision The subsidiary liability may be enforced only upon a motion for subsidiary writ of execution against the employer and upon proof that the employee is insolvent Employer is subsidiarily liable for the full amount against employee and there is no defense of diligence of a good father of a family Art. 103 is applicable to violations of Revised Motor Vehicle Law o If the owner was not in the motor vehicle, the provisions of Art. 2180 of the Civil Code are not applicable Art. 2177 of the Civil Code expressly recognize civil liabilities arising from negligence under the Penal Code, only that it provides that the plaintiff cannot recover damages twice of the same act or omission of the defendant Persons civilly liable in the absence of those criminally liable: 1. Art. 101(3) 2. Art. 102 3. Art. 103 What Civil Liability Includes 104. The civil liability established in Arts. 100, 101, 102, and 103 of this Code includes: A. Restitution
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To restore the real property occupied B. Reparation of the damage caused To repair the damages caused to it C. Indemnification for consequential damages Civil liability Pecuniary liability Include reparation of the damage caused and indemnification for consequential damages Includes restitution There is nothing to pay in terms of Liabilities to be paid out of the money as the property unlawfully property of the offender taken is returned Includes fine and costs of proceedings 105. Restitution The restitution of the thing itself must be made whenever possible, with allowance for any deterioration, or diminution of value as determined by the court The convict cannot, by way of restitution, give to the offended party a similar thing of the same amount, kind or species and quality because what is required to be returned is the very thing taken The thing itself shall be restored, even though it be found in the possession of a third person who has acquired it by lawful means, saving to the latter his action against the proper person, who may be liable to him The general rule is that the owner of property illegally taken by the offender can recover it from whomever is in possession thereof Under the Civil Code, the person who has lost any personal property or has been deprived thereof cannot obtain its return without reimbursing the price paid therefor, only when the possessor thereof acquired in good faith at a public sale Restitution cannot be ordered before final judgment This provision is not applicable in cases in which the thing has been acquired by the third person in the manner and under the requirements which, by law, bar an action for its recovery A person who is not a party in the case cannot recover in the criminal action any indemnity from the accused
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When the liability to return a thing arises from contract, not from a criminal act, the court cannot order its return in the criminal case Restitution may be ordered, even if accused is acquitted, provided the offense is proved and it is shown that the thing belongs to somebody else When a crime is not against property, no restitution or reparation of the thing can be done but there are some crimes which allow restitution The payment of salary of an employee during the period of suspension cannot, as a general rule, be properly decreed by the court in a judgment of acquittal. It devolves upon the head of the department concerned, and is discretionary with him The Court has authority to order the reinstatement of the accused acquitted of a crime punishable by the penalty of perpetual or temporary disqualification
106. Reparation The court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value to the injured party, and reparation shall be made accordingly Reparation are for crimes against property Reparation will be ordered by the court if restitution is not possible If there is no evidence as to the value of the thing unrecovered, reparation cannot be made Reparation includes: 1. Repair of the material damage caused by the robbers in addition to the value of the thing taken 2. In a rape case, the value of the womans torn garments Civil damages which may be recovered in criminal action are limited to consequential damage caused by, and flowing from, the commission of the crime of which the accused is convicted Payment by the insurance company is not made on behalf of the accused, but was made pursuant to its contract with the owner of the car; hence, the offender is not relieved of his obligation to repair the damage caused
107. Indemnification Indemnification for consequential damages shall include not only those caused the injured party, but also those suffered by his family or by a third person by reason of the crime Indemnity is ordinarily the remedy granted to the victims of crimes against persons Indemnity for medical services still unpaid may be recovered Contributory negligence on the part of the offended party reduces the civil liability of the offender Civil liability may be increased only if it will not require an aggravation of the decision in the criminal case on which it is based Civil indemnity for crimes qualified by circumstances where the death penalty may be imposed is P75 000 The award of P50 000, as indemnity ex-delicto is mandatory upon the finding of the fact of rape Civil indemnity for rape with homicide is P100 000 Damages recoverable for rape with homicide: a. Civil indemnityP 100 000 b. Moral damagesP75 000 c. Temperate damagesP25 000 d. Exemplary damagesP100 000 The amount of damages for death caused by a crime is increased from time to time by the SC o Art. 2206 of the Civil Code provides that the amount of damages for death caused by a crime or quasi-delict shall be at least P3 000 even though there may have been mitigating circumstances Indemnity for Lost Earnings Net earning capacity = Life expectancy x (Gross annual income living expenses) o Life expectancybased on the American Expectancy Table of Mortality and is computed using the formula: 2/3 x (80 age of the deceased at the time of death) o Living expensesin the absence of proof, it is estimated to be 50% of the gross annual income Documentary Evidence should be presented to substantiate a claim for loss of earning capacity, except if there is a testimony that the victim was either:
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a. Self-employed, earning less than the minimum wage under current labor laws, and judicial notice is taken of the fact that in the victims line of work, no documentary evidence is available b. Employed as a daily-wage worker earning less than the minimum wage under current labor laws To be compensated for loss of earning capacity, it is not necessary that the victim, at the time of the injury or death, is gainfully employed. Compensation of this nature is awarded not for loss of earning but for loss of capacity to earn money Temperate damages may be awarded if income of victim is not sufficiently proven o Art. 2224 of the Civil Codetemperate or moderate damages, which are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss was suffered but its amount cannot be proved with certainty Exemplary damages: o Cannot be recovered as a matter of right o The court will decide whether or not they should be adjudicated o The plaintiff must show that he is entitled to moral, temperate or compensatory damages before the court may award exemplary damages Recover of attorneys fees are allowed in cases when the defendants act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest and in any other case where the court deems it just and equitable that attorneys fees and expenses of litigation should be recovered (Art. 2208 of the Civil Code) 108. The obligation to make restoration or reparation for damages and indemnification for consequential damages devolves upon the heirs of the person liable The heirs of the person liable has no obligation if restoration is not possible and the deceased left no property The civil liability of the heirs is possible only when the offender dies after final judgment The action to demand restoration, reparation, and indemnification likewise descends to the heirs of the person injured
109. Share of each person civilly liable If there are two or more persons civilly liable for a felony, the courts shall determine the amount for which each must respond 110. Several and subsidiary liability of principals, accomplices and accessories of a felonyPreference in payment Notwithstanding the provisions of the next preceding article, the principals, accomplices, and accessories, each within their respective class, shall be liable severally (in solidum) among themselves for their quotas, and subsidiaries for those of the other persons liable The subsidiary liability shall be enforced, first against the property of the principals; next, against that of the accomplices, and, lastly, against that of the accessories Whenever the liability in solidum or the subsidiary liability has been enforced, the person by whom payment has been made shall have a right of action against the others for the amount of their respective shares 111. Obligation to make restitution in certain cases Any person who has participated gratuitously in the proceeds of a felony shall be bound to make restitution in an amount equivalent to the extent of such participation The person who participated gratuitously, and should not be an accessory, in the proceeds of a felony referred to in this article is not criminally liable The fortune of the innocent person must be augmented by his participation in the proceeds of the crime Extinction and Survival of Civil Liability 112. Civil liability established in Arts. 100, 101, 102, and 103 of this Code shall be extinguished in the same manner as obligations, in accordance with the provisions of the Civil Law Civil liability is extinguished: 1. By payment or performance 2. By the loss of the thing due 3. By the condonation or remission of the debt 4. By the confusion or merger of the rights of creditor and debtor
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5. By compensation 6. By novationsubsequent agreement between the accused and the offended party 7. Other causesannulment, rescission, fulfillment of a resolutory condition, and prescription (Art. 1231 of Civil Code) Civil liability may arise from: 1. Crimegoverned by the RPC 2. Breach of contractculpa contractual 3. Tortuous actculpa aquiliana 113. Obligation to satisfy civil liability Except in case of extinction of his civil liability as provided in the next preceding article the offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other rights, or has not been required to serve the same by reason of amnesty, pardon, commutation of sentence or any other reason While amnesty wipes out all traces and vestiges of the crime, it does not extinguish the civil liability of the offender A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence [Art. 36(2) RPC] Probation only affects the criminal aspect of the case
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Preliminary Title DATE OF EFFECTIVENESS AND APPLICATION 1. Time when Act takes effect.

Ro-An Salanga (I-A)

Crim 1 Notes (AY 2010-2011)

Ro-An Salanga (I-A)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Ro-An Salanga (I-A)

Crim 1 Notes (AY 2010-2011)

Ro-An Salanga (I-A)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Ro-An Salanga (I-A)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Ro-An Salanga (I-A)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Ro-An Salanga (I-A)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Ro-An Salanga (I-A)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Ro-An Salanga (I-A)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Reclusion perpetua Reclusion temporal Prision mayor Prision correccional

7. Destierro 8. Arresto menor 9. Public censure 10. Fine

Crim 1 Notes (AY 2010-2011)

From 6 months and 1 day to 2 years and 4 months.

From 2 years, 4 months and 1 day to 4 years and 2 months.

From 1 to 30 From 1 to From 11 to From 21 to days. 10 days. 20 days. 30 days.

Ro-An Salanga (I-A)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Ro-An Salanga (I-A)

Crim 1 Notes (AY 2010-2011)

Ro-An Salanga (I-A)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)

Ro-An Salanga (I-A)

Crim 1 Notes (AY 2010-2011)

Crim 1 Notes (AY 2010-2011)