Lesson 1 Introduction To Criminal Law

CLJ 3 Nor-Alissa M.
Diso, RCRIM
LESSON 1 INTRODUCTION TO CRIMINAL LAW
Learning Objectives:
1. Define Criminal law

2. Discuss Sources of Philippine Criminal law
3. Distinguish the different characteristics of criminal
law
4. Elaborate Construction of Penal laws
5. Discuss the two theories in Criminal law
INTRODUCTION
CRIMINAL LAW DEFINED
Criminal Law is that branch or division of law which

defines crimes, treats of their nature, and provides for
their punishment.
CRIME DEFINED
Crime is an act committed or omitted in violation of a

public law forbidding or commanding it. (I Bouver’s Law
Dictionary, Rawle’s Third Revision, 729)
Sources of Philippine Criminal law

1. The Revised Penal Code otherwise known as Republic Act
3815;
2. Special Penal Laws; and
3. Presidential Decrees issued during Martial Law.
Question - Are there any Common Law rules in the

Philippines?
 No, there are no common law rules in the
Philippines. The rule is that, if there is no law
punishing such crime, hence, there is no crime
committed.
Question - Are Court Decisions be considered as one of
the sources of Criminal Law?
 No, because they merely explain the meaning of, and
apply the law as enacted by the legislative branch
of the government.
Question - Where does Criminal Law derive its power?
 The State has the authority, under its police
power, to define and punish crimes and to lay down
the rules of criminal procedure.
Limitations on the power of the lawmaking body to enact
Criminal Law Book One (S.Y. 2020-2021) 10

CLJ 3 Nor-Alissa M. Diso, RCRIM
legal legislation.
1. No ex post facto law or bill of attainder shall be

enacted. (Art. III, Sec. 22 Philippine Constitution)
2. No person shall be held liable to answer for a
criminal offense without due process of law. (Art. III,
Sec. 14[1] Philippine Constitution)
Characteristics of Criminal Law
1. GENERAL - in that Criminal law is binding on all

persons who live or sojourn in Philippine Territory.
(Art. 14, New Civil Code), Exceptions (1) Treaties or
Treaty stipulations (2) Law of Preferential Application.
2. TERRITORIAL - in that criminal laws undertake to
punish crimes committed within Philippine Territory.
Exception SEE (Article 2 of the Revised Penal Code)
3. PROSPECTIVE - in that a penal law cannot make an act
punishable in a manner in which it was not punishable
when committed. Exception, Retroactive effect of Penal
Laws. Exception to the exemptions (1) When the old law is
favorable to the accused, (2) When the accused or
offender is a habitual delinquent.
Civil courts have concurrent jurisdiction with general

courts-martial over soldiers of the Armed Forces of the
Philippines.
 Civil courts have jurisdiction over murder cases

committed by persons subject to military law. The
civil courts have concurrent jurisdiction with the
military courts or general courts-martial over
soldiers of the Armed Forces of the Philippines.
 Even in times of war, the civil courts have
concurrent jurisdiction with the military courts or
general courts-martial over soldiers of the
Philippine Army, provided that in the place of the
commission of the crime no hostilities are in
progress and civil courts are functioning.
Construction of Penal laws
1. Penal laws are strictly construed against the

government and liberally in favour of the accused.
Citations - (U.S. vs. Abad Santos, 36 Phil. 243; People
vs. Yu Hai, 99 Phil. 728)
2. In the construction or interpretation of the

provisions of the Revised Penal Code, the Spanish text is
controlling, because it was approved by the Philippine

Legislature in its Spanish text. Citation - (People vs.
Manaba, 58 Phil. 665, 668)
Question - Why is it important to know the Spanish text

of our Criminal Law?
 Simply because, in the interpretation and
construction of the Revised Penal Code, the Spanish
text shall prevail over the English text.
Take Note: Our Revised Penal Code was copied from the
Spanish Criminal law/Penal Laws.
Other cases of incorrect translation of the Spanish text

into the English text.
1. “sosteniendo combate” into “engaging in war Art. 135;
2. “sufriendo privacion de libertad” into “imprisonment”
in Art. 15;
3. Nuevo delito” into “another crime” in the headnote of
Art. 160;
4. “semilla alimenticia” into “cereal” in Art. 303; and
5. “filed” in the third paragraph of Art. 344 which is
not found in the Spanish text.

ASSESSMENT NO. 1 SELF-EVALUATION
1. Why do you need to study Criminal law as an

application on your course program?
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2. Discuss the two limitations on the power of the

lawmaking body to enact penal legislation.
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LESSON 2 Preliminary Title - Date of effectiveness and
application of the provisions of the code
1. Discuss the application of its provision

2. Definition of Felony
3. Discuss Criminal liability
4. Elaborate the duty of the Court
5. Distinguish Consummated, frustrated, and attempted
felonies
ARTICLE 1. TIME WHEN ACTS TAKES EFFECT
When did the Revised Penal Code take effect?
The Revised Penal Code took effect on January 1, 1932

(Art. 1, RPC).
Characteristics of Criminal Law
Criminal Law has three main characteristics, namely (1)

general, (2) territorial, and (3) prospective.
A. General Application
It has General application because Criminal Law is

binding on all persons who reside or sojourn in
Philippine territory.
Art. 2 of the Revised Penal Code states that the
provisions of this Code shall be enforced within the
Philippine Archipelago, including its atmosphere,
interior waters and maritime zone, without reference to
the person or persons who might violate any of its
provisions.
Art. 14 of the Civil Code provide that penal laws shall

be obligatory upon all who live or sojourn in Philippine
territory.
Exceptions to the General Application of Criminal Law
There are cases where our Criminal Law does not apply
even if the crime is committed by a person residing or
sojourning in the Philippines. They constitute the
exceptions.
The opening sentence of Art. 2 of the Revised Penal Code

says that the provisions of this Code shall be enforced
within the Philippine Archipelago, “except as provided in
the treaties and laws of preferential application.”
Art. 14 of the Revised Penal Code provides that penal

laws and those of public security and safety shall be
obligatory upon all who live or sojourn in Philippine
territory, subject to the principles of public
international law and to treaty stipulations.
Treaty or Treaty Stipulations
An example of treaty or treaty stipulation, as an

exception to the general application of our Criminal Law
is the Base Agreement entered into by and between the
Philippines and the USA on March 14, 1947 stipulating
that “the Philippines consents that the US have the right
to exercise jurisdiction over some particular offenses.
However, the said Military Bases Agreement already
expired on September 16, 1991.
Law on Preferential Application
Republic Act No. 75 may be considered a law of

preferential application in favor of diplomatic
representatives and their domestic servants.
It is a law to penalize acts which would impair the
proper observance by the Republic and inhabitants of the
Philippines of the immunities, rights, and privileges of
duly accredited foreign diplomatic representatives in the
Philippines.
Nota Bene:
The law does not apply when the foreign country

adversely affected does not provide similar protection to
our diplomatic representatives.
Principles of Public International Law
Persons exempt from the operations of our criminal

laws by virtue of the principles of public international
law:
Sovereigns and other chiefs of state; Ambassadors;
Ministers plenipotentiary; Minister’s resident; and
Charges d’ affaires.
It is well established principle of international

law that diplomatic representatives, such as ambassadors
or public ministers and their official retinue, possess

immunity from the criminal jurisdiction of the country of
their sojourn and cannot be sued, arrested or punished by
the law of that country.
Nota Bene:
A consul is not entitled to the privileges and

immunities of an ambassador or minister.
B. Territorial Application
It is Territorial, in that criminal law undertakes to

punish crimes committed within the Philippine territory.
Art. 2 of the Revised Penal Code states that the

provisions of this Code shall be enforced within the
Philippine Archipelago, including its atmosphere, its
interior waters and maritime zone, which constitute the
Philippine territory.
Extent of Philippine Territory for Purposes of Criminal

Law:
Art. 2 of the Revised Penal Code provide that the

provisions of said Code shall be enforced within the
Philippine Archipelago, including its atmosphere, its
interior waters and maritime zone.
Art. 1 of the 1987 Constitution provides as follows:

“The national territory comprises the Philippine
Archipelago, with all the islands and waters embraced
therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting
of its terrestrial, fluvial and aerial domains, including
its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around,
between and connecting the islands of the Archipelago,
regardless of their breadth and dimensions, form part of
the internal waters of the Philippines.
Exceptions to the Territorial Application of Criminal Law
ARTICLE 2
Art. 2 of the Revise penal Code provides:

“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 forged or
counterfeited obligations and securities;
4. While being public officers or employees, should
commit an offense in the exercise of their functions;
or
5. Should commit any of the crimes against national
security and the law of nations;
6. Should destroy or cause destruction to the
maritime/marine zone, the Exclusive Economic Zone (EEZ)
and the natural resources within the EEZ of the
Philippines.
C. Prospective of Criminal Laws
It is Prospective, in that a penal law cannot make an act

punishable when committed. Crimes are punished under the
laws in force at the time of their commission
Art. 21 of the Revised Penal Code provide that no felony
shall be punishable by any penalty not prescribed by law
prior to its commission.
Art. 366 of the Revised Penal Code provide that felonies
are punishable under the laws enforced at the time of
their commission.
Exception to the Prospective Application of Criminal Laws
Whenever a new statute dealing with crime establishes

conditions more lenient or favorable to the accused, it
can be given a retroactive effect.
Exceptions to the Exception:
This exception has no application in the following

instances:
where the new law is expressly made inapplicable to

pending actions or existing causes of actions.
Where the offender is a habitual delinquent/criminal
under Art. 62 of the Revised Penal Code.

Nota Bene:
The new law can still be given a retroactive effect if

the offender is a Recidivist.
THEORIES IN CRIMINAL LAW
There are three theories in criminal law, namely: (1)

classical theory, (2) positivist theory, and (3) eclectic
theory.
CHARACTERISTICS OF CLASSICAL THEORY
1. The basis of criminal liability is human tree will and

the purpose of the penalty it retribution.
2. That man is essentially a moral creature with an
absolutely free will to choose between good and evil,
thereby placing more stress upon the effect or result of
the felonious act than upon the man, the criminal
himself.
3. It has endeavoured to establish a mechanical and
direct proportion between crime and penalty.
4. There is a scant regard to the human element.
CHARACTERISTICS OF POSITIVIST THEORY
1. That man is subdued occasionally by a strange and

morbid phenomenon which constraints him to do wrong, in
spite of or contrary to his volition.
2. That crime is essentially a social and natural
phenomenon, and as such, (a) it cannot be treated and
checked by the application of abstract principles of law
and jurisprudence nor by the imposition of a punishment
fixed and determined a priori; (b) but rather through the
enforcement of individual investigation conducted by a
competent body of psychiatrist and social scientists.
C. CHARACTERISTICS OF ECLECTIC THEORY
ARTICLE 3
What are felonies (Delitos)?
Felonies are acts and omissions punishable by law

(Art. 3, 1st par., RPC).
What are the two ways of committing felonies? How are

felonies committed?

Felonies are committed by means of deceit (dolo) or by
means of fault (culpa).
Elements of Felonies:
1. That there must be an act or omission.

2. That the act or omission must be punishable by the
Revised Penal Code (RPC).
3. That the act is performed or the omission incurred
by means of dolo or culpa.
4. That the act or omission must have been
voluntarily.
When is there deceit?
There is deceit when the act is performed with deliberate

intent.
Requisites of Intentional Felonies
In order that an act or omission may be considered as

having been performed or incurred with deliberate intent,
the following requisites must concur:
1. The offender must have FREEDOM while doing an act

or omitting to do an act;
2. The offender must have INTELLIGENCE while doing the

act or omitting to do the act; and
3. The offender must have INTENT while doing the act

or omitting to do the act.
NECESSITY OF FREEDOM
When a person acts without freedom, he is no longer a

human being but a tool. His liability is as much as that
of the knife that wounds, or of the torch that sets fire,
or of the key that opens a door, or of the ladder that
placed against the wall of a house in committing robbery.
Example:
The following have no freedom: (a) a person who acts

under the compulsion of an irresistible force, or (b) a
person who acts under the impulses of an uncontrollable
fear of an equal of greater injury. Thus, they are exempt
from criminal liability under Art. 12, paragraphs 5 and 6
respectively of the Revised Penal Code.
NECESSITY OF INTELLIGENCE

Intelligence is a necessary factor in determining the

morality of a particular act. Thus without this power, no
crime can exist.
Example:
The following are exempt from criminal liability

because of the absence of intelligence:
An imbecile or an insane person, unless the latter has

acted during a lucid interval (Art. 12, (1), RPC);
A person under nine (9) years of age (Art. 12, (2), RPC);
A person over nine (9) years of age and under fifteen
(15), unless he has acted with discernment (Art. 12, (3),
RPC).
NECCESSITY OF INTENT
Intent to commit he act with malice, being purely a

mental process, is presumed and the presumption arises
from the proof of the commission of an unlawful act.
Nota Bene:
All the three requisites of voluntariness in intentional

felony must be present because “a voluntary act is a
free, intelligent, and intentional act”.
When is there fault?
There is fault when the wrongful act results from

imprudence, negligence, lack of foresight, or lack of
skill.
Requisites of Culpa
In order that the act or omission in felonies committed

by means of fault or culpa may be considered voluntary,
the following must concur:
The offender must have FREEDOM while doing the act or
omitting to do the act;
The offender must have INTELLIGENCE while doing the act
or omitting to do the act; and
The offender is IMPRUDENT, NEGLIGENT or LACKS FORESIGHT
or SKILL while doing the act or omitting to do the act.
Felonies are classified according to the means by

which they are committed into:
1. Intentional Felonies or felonies committed with malice

or deliberate intent, and
2. Culpable Felonies or felonies committed as a result of
imprudence, negligence, lack of foresight or lack of
skill.
GENERAL CLASSES OF CRIMES
1. Intentional Felonies;
2. Culpable Felonies; and
3. Those crimes defined and penalized by special laws,
which include crimes punishable by municipal or city
ordinances.
The first two are defined and penalized under the

Revised Penal Code of the Philippines.
ARTICLE 4
Who incurs criminal liability?
Criminal liability shall be incurred:
By any person committing a felony (delito) although the

wrongful act done be different from that which he
intended.
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 on account of the
employment of inadequate or ineffectual means (Art. 4,
RPC).
Notes:
Under paragraph 1 of Art. 4, a person committing a

felony is criminally liable although the wrongful act
done be different from that which he intended.
The causes which may produce a result different from

that which the offender intended are:
1. error in personae or mistake in the identity of the

victim;
2. aberratio ictus or mistake in the blow, that is,
when the offender intending to do an injury to one person
actually inflicts it on another; and
3. praeter intentionem or when the injurious result is
greater than that intended or the act exceeds the intent.
Requisites:

In order that a person may be held criminally liable
for a felony different from that which he intended to
commit, the following must be present:
That an intentional felony has been committed; and

That the wrong done to the aggrieved party be the direct,
natural and logical consequence of the felony committed
by the offender.
In simple words, the felony committed must be the

proximate cause of the resulting injury.
PROXIMATE CAUSE DEFINED
“That cause, which in natural and continuous sequence,

unbroken by any efficient intervening cause, produces the
injury, and without which the result would not have
occurred”.
The felony committed is not the proximate cause of the

resulting injury –
 when there is an active force that intervened between
the felony committed and the resulting injury, and the
active force is a distinct act or fact absolutely
foreign from the felonious act of the accused, or
 when the resulting injury is due to the intentional
act of the victim.
IMPOSSIBLE CRIME
Paragraph 2 of Article 4 of the Revised Penal Code

defines impossible crime, to wit, “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”.
Why are impossible crimes punishable?
The commission of an impossible crime is indicative of

criminal propensity or criminal tendency on the part of
the actor. Such person is a potential criminal.
Objectively, the offender does not commit a felony, but
subjectively he is a criminal.
According to the positivist way of thinking, the

community must be protected from anti-social activities,
whether actual or potential, of the morbid type of man
called “socially dangerous person”.

Requisites of Impossible Crime
1. That the act performed would be an offense against

persons or property.
2. That the act was done with evil intent.
3. That is accomplishment is inherently impossible, or
that the means employed is either inadequate or
ineffectual.
4. That the act performed should not constitute a
violation of another provision of the Revised Penal Code.
Example of an Impossible Crime, where the act performed

by the offender would have been an offense against
persons were it not for the inherent impossibility of its
accomplishment.
Stabbing a person lying on bed, the offender having

the intent to kill him and thinking that he was only
sleeping, when in fact that person had already been dead
before he stabbed him. The ac performed by the offender
would have been murder, an offense against persons, were
it not for the inherent impossibility of its
accomplishment, it being impossible to kill a person who
is already dead.
Example of an impossible crime, where the act performed

by the offender would have been an offense against
property were it not for the inherent impossibility of
its accomplishment.
Picking the pocket of another, without his knowledge

and consent, to take with intent to gain any personal
property from that pocket which turned out to be empty.
The act performed by the offender would have been theft,
an offense against property, were it not for the inherent
impossibility of its accomplishment, since theft cannot
be committed when there is no personal property that
could be taken.
Case:
A picked the pocket of B and succeeded in extracting
B’s wallet. Once in possession of the wallet, A opened
it, but finding it empty, he threw away the wallet. Is A
guilty of an impossible crime?
Ans:
No, because the wallet has some value and the crime of
theft is consummated from the moment the offender has
taken possession of the wallet with intent to gain.

Hence, that person is guilty, not of an impossible crime,
but of theft.
Nota Bene:
In impossible crime, the act performed should not

constitute anoher offense, specifically punished by law.
Example of an impossible crime where the means employed

is inadequate
Using small quantity of arsenic or poison to kill a

person. The small quantity of poison is inadequate to
kill a person. But the one who used it to kill another is
liable for impossible crime, because subjectively he is a
criminal.
Example of an impossible crime where the means employed

is ineffectual.
Believing that certain white powder was arsenic or

poison, A mixed it with the coffee intended for B. When B
drank it he was not injured at all, because the white
powder was sugar.
What is the penalty for impossible crime?
The penalty for impossible crime is arresto mayor or a

fine from 200 to 500 pesos (Art. 59, RPC).
What factors must be considered by the court in

determining the proper penalty for impossible crime?
The factors that must be considered by the court in

determining the proper penalty are: (1) the social danger
and (2) the degree of criminality shown by the offender
(Art. 59, RPC).
Case:
A fired his revolver at B from a distance of one
kilometer. Is A criminally liable?
Ans.:
No. It is believed that A shows stupidity rather than
dangerousness. According to the positivist theory, A
should not be punished, because there is neither “social
danger” nor any “degree of criminality” shown by him.
Even subjectively, a man with little common sense will
know that he cannot hit a person by firing a revolver one
kilometer away.

What is the duty of the court in connection with acts,

which should be repressed, but which are not covered by
the law?
Whenever a court has knowledge of any act which it may

deem proper to repress and which s 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 (Art. 5,
1st paragraph, RPC).
ARTICLE 5
What is the duty of the court in cases of excessive

penalties?
Whenever the court finds that a strict enforcement of

the provisions of the Revised Penal 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, 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 (Art. 5, 2nd paragraph, RPC).
ARTICLE 6
What are the three stages of the acts execution of a

felony?
The three stages of execution of a felony are

attempted, frustrated and consummated.
Are these stages of execution punishable?
Consummated felonies, as well as those which are

frustrated and attempted, are punishable (Art. 6, 1st
paragraph, RPC).
Nota Bene:
When the crime is punishable by a special law, the

attempted and frustrated stages of the acts of execution
are not punishable, unless the special law provides a
penalty therefor.
When is a felony attempted?
A felony is attempted when the offender commences the

commission of a felony directly by 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 his own spontaneous desistance (Art. 6, 3rd
paragraph, RPC).
Elements of Attempted Felony
1. The offender commences the commission of the felony

directly by overt acts;
2. He does not perform all the acts of execution which
should produce the felony;
3. The offender’s act be not stopped by his own

spontaneous desistance; and
4. The non-performance of all the acts of execution was
due to cause or accident other than his own spontaneous
desistance.
The external acts must have a direct connection with

the crime intended to be committed by the offender.
What is an indeterminate offense?
It is one where the purpose of the offender in

performing an act is not certain. Its nature in relation
to its objective is ambiguous.
When is a felony frustrated?
A felony 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 (Art. 6, 2nd paragraph, RPC).
Elements of Frustrated Felony
1. The offender performs all the acts of execution;

2. All the acts performed would produce the felony as a
consequence;
3. The felony is not produce ;
4. By reason of causes independent of the will of the
perpetrator.
Frustrated Felony Distinguished from Attempted Felony
1. In both, the offender has not accomplished his

criminal purpose.
2. In frustrated felony, the offender has performed all

the acts of execution which would produce the felony,
while in attempted felony, the offender merely commences
the commission of a felony directly by overt acts and
does not perform all the acts of execution.
In other words, in frustrated felony, the offender has

reached the objective phase; in attempted felony, the
offender has not passed the subjective phase.
SUBJECTIVE PHASE
It is that portion of the execution of the crime,

starting from the point where the offender begins to that
point where he has still control over his acts, including
their natural course.
OBJECTIVE PHASE
It is that portion of the acts of the offender, where

he has no more control over the same. All the acts of
execution have been performed by him.
Attempted Felony/Frustrated Felony Distinguished from

Impossible Crime
1. In attempted or frustrated felony and impossible

crime, the evil intent of the offender is not
accomplished.
2. In impossible crime, the evil intent of the offender
cannot be accomplished; in attempted or frustrated felony
the evil intent of the offender is possible of
accomplishment.
3. In impossible crime, the evil intent of the offender
cannot be accomplished or because the means employed by
the offender is inadequate or ineffectual; in attempted
or frustrated felony, what prevented its accomplishment
is the intervention of certain cause or accident in which
the offender had no part.
Are there felonies that have no attempted or frustrated

stages of execution? If yes what are they?
Yes there are felonies that have no attempted and

frustrated felonies. They are:
1. flight to enemy country,
2. corruption of minors,
3. formal crimes, lie slander ad false testimony;
4. felonies by omission like misprision of treason; and
5. treason.

 The crime of flight to enemy country has no attempted
and frustrated stages of execution because in flight
to enemy country, the mere attempt to flee or go to
enemy country consummates the crime.
 The same is true with the crime of corruption of

minors. The mere proposal to the minor to satisfy the
lust of another consummates the crime.
 In formal crimes, there are no attempted and

frustrated stages of execution because they are
consummated in one instant by a single act.
 In felonies by omission, there is either a felony when

the offender fails to perform an act required by law
to be done, or no felony, if the offender performs the
act.
 In treason, the overt act I itself constitutes the

crime.
Nota Bene:
In the case of People versus Orita, 184 SCRA 1905, the

Supreme Court held there is no such crime as Frustrated
Rape. Rape could either be attempted of consummated.
A felony is consummated when all the elements

necessary for its execution and accomplishment are
present (Art. 6, 2nd paragraph, RPC).
Every crime has its own elements which must all be
present to constitute a culpable violation of a precept
of law.
What is an overt act?
An overt act is physical activity, more than a mere

planning or preparation, which evinces the intention of
the offender to commit a particular felony.
In what stage of the acts of execution is it important to

determine the existence of the overt act?
The existence of the overt act is important only in

the attempted stage of the acts of execution.
It is not necessary to determine the existence of
overt act in the other stages of execution, because in
frustrated stage, as well as in the consummated stage of
execution, the offender has performed all the acts of
execution which necessarily implies that the offender has

done more than an overt act.
What is a preparatory act? Give at least two examples.
Preparatory acts are those initial acts of a person

who has conceived the idea of committing a crime, but
which cannot by themselves logically and necessarily
ripen into a concrete offense. They are not even overt
acts and hence, they do not constitute the attempted
stage of the acts of execution.
The examples of preparatory acts are (1) conspiracy
and proposal to commit a felony, and (2) buying or
securing weapon to commit a crime, i.e. murder, homicide,
robbery, etc.
Are preparatory acts punishable?
Generally, preparatory acts are not punishable because

the law regards the as innocent or at least permissible,
except in rare and exceptional cases.
The following preparatory acts are punishable:
1. conspiracy to commit treason, rebellion and sedition;

2. proposal to commit treason and rebellion; and
3. preparatory acts which are considered in themselves,
by law, as independent crimes like the following:
a. possession of pick-locks which is preparatory to

the commission of robbery with force upon things;
b. possession of unlicensed firearm.
Nota Bene:
The above mentioned acts are punished by law not a

preparatory acts but as a distinct crime i.e. possession
of picklocks defined and punished under Art. 304 of the
Revised penal Code and illegal possession of firearm
defined and punished under P.D. 1866 as amended by R.A.
8294.

1. What is the effect if the foreign merchant vessel is

not in transit?
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2. Discuss thoroughly the difference between the three

stages of execution in the commission of the crime.
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1. What is an indeterminate offense?
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LESSON 3 Preliminary Title - Application of the
provisions of the code
1. Discuss when light felonies are ounishable

2. Distinguish conspiracy and proposal to commit felony
ARTICLE 7
When are light felonies punishable under the Revised

Penal Code?
As a general rule, light felonies are punishable only

when they have been consummated (Art. 7, RPC).
Example of light felonies which are punishable only when

consummated.
1. Betting in sport contest,

2. Illegal cock-fighting, and
3. Intriguing against honor.
Nota Bene:
These light felonies are punishable only when consummated

because they are not against persons or property and,
hence, they are covered by the general rule.
Reason for the rule:
Light felonies produce such sight, such insignificant

moral and material injuries that public conscience is
satisfied with providing alight penalty for their
consummation. If they are not consummated, the wrong done
is so light that there is no need of providing a penalty
at all.
Is there any exception?
Yes, there is. Light felonies committed against persons

or properties are punishable even if they are only in the
attempted or frustrated stage of execution (Art. 7, RPC).
Reason for the exception
The commission of felonies against persons or property

presupposes in the offender some moral depravity

ARTICLE 8
WHEN IS THERE CONSPIRACY?
A conspiracy exists when to or more persons come to an

agreement concerning the commission of a felony and
decide to commit it (Art. 8, 2nd paragraph, RPC).
Requisites of Conspiracy
1. That two pr more persons came to an agreement;

2. That the agreement concerned the commission of a
felony; and
3. That the execution of the felony be decided upon.
Is conspiracy punishable?
Conspiracy is punishable only in the cases in which

the law specially provides a penalty therefor (Art. 8,
1st paragraph, RPC).
Distinguish conspiracy as a felony from conspiracy as a

manner of incurring criminal liability:
Conspiracy is a felony when the law especially

provides a penalty therefor. In such cases, the mere
agreement and decision to commit a particular felony is
punished by law. Thus, conspiracy to commit treason,
rebellion and sedition is punishable.
However, if after the conspiracy the offenders actually
committed treason, rebellion or sedition, the conspiracy
ceases to be a felony and becomes only a manner of
incurring criminal liability, that is, the act of one
conspirator is the act of all the other conspirators.
In other crimes, like murder or abduction, the mere

agreement and decision to commit them is not punishable,
as there is no provision in the RPC which punishes
conspiracy to commit murder or abduction. The
conspirators become liable only when the crime, like
murder or abduction, is actually committed. But they are
liable for the crime actually committed, not for
conspiracy to commit it. The conspiracy will be
considered only to make the offenders equally liable,
that is, in the same degree and to the same extent.
When is there a proposal to commit a felony?
There is proposal when the person who has decided to

commit e felony proposes its execution to some other

person or persons (Art. 8, 3rd paragraph, RPC).
Is proposal to commit a felony punishable?
Proposal to commit a felony is punishable only in

cases in which the law specially provides a penalty
therefor (Art. 8, 1st paragraph, RPC).
May a person be held liable for proposal to commit

rebellion if the proposal is rejected by the person to
whom the proposal is made? Why?
Yes, because what the law punishes is the mere

proposal to commit rebellion or treason by one who is
decided to commit it. The acceptance of such proposal is
not necessary.

1. What are light felonies?
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2. Does conspiracy and proposal to commit felony

punishable by law? Elaborate.
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LESSON 4 Preliminary Title - Application of the
provisions of the code
1. Distinguish grave, less grave, and light felonies

2. Discuss offenses not subject to the provisions
ARTICLE 9
What are the three classifications of felonies according

to gravity?
According to gravity, felonies are classified as grave

felonies, less grave felonies and light felonies.
What are grave felonies?
Grave felonies are those to which the law attaches the

capita punishment or penalties which in any of their
periods are afflictive, in accordance with Article 25 of
the Revised Penal Code (Art. 9, 1st par., RPC).
What are less grave felonies?
Less grave felonies are those which the law punishes

with penalties which in their maximum period are
correctional, in accordance with Art. 25 of the Revised
Penal Code (Art. 9, 2nd par. RPC).
What are light felonies?
Light felonies are those infractions of law for the

commission of which a penalty of arresto menor or a fine
not exceeding 200 pesos or both, is provided (Art. 9, 3rd
par., RPC).
Are Offenses defined and penalized by special laws

subject to the provisions of the Revised Penal Code? What
is the function of the RPC with regard to these offenses?
No. Offenses, which are or in the future may be

punishable under special laws are not subject to the
provisions of the Revised Penal Code. The Revised Penal
Code shall be supplementary to such laws, unless the
latter should specially provide the contrary (Art 10,
RPC).

ARTICLE 10
What are the circumstances which affect criminal

liability?
The circumstances which affect criminal liability are:
justifying circumstances (Art. 11, RPC),

exempting circumstances (Art. 12, RPC) and other
absolutory causes (Art. 20, Art. 124, last paragraph,
RPC),
mitigating circumstances (Art. 13, RPC),
aggravating circumstances (Art. 14, RPC), and
alternative circumstances (Art. 15, RPC).
Justifying Circumstances
Any person acting under any of the justifying

circumstances does not incur criminal liability.
The act of a person under any of the justifying

circumstances is in accordance with law, so that such
person is deemed not to have transgressed the law and is
free from both criminal and civil liability.
Exempting Circumstances
Technically, one who acts by virtue of any of the

exempting circumstances commits a crime, although by the
complete absence of any of the conditions which
constitute free will or voluntariness of the act, no
criminal liability arises. Hence, there is wanting in the
agent of the crime any of the conditions which make the
act voluntary, or negligent. There is however, civil
liability.
Mitigating Circumstances
These circumstances are based on the diminution of

either the freedom of action, intelligence, or intent, or
on the lesser perversity of the offender.
Aggravating Circumstances
These are based on the greater perversity of the

offender manifested in the commission of the felony as
shown by (1) the motivating power itself, (2) the place
of commission, (3) the means and ways employed, (4) the
time, or (5) the personal circumstances of the offender
or of the offended party.

Alternative Circumstances
The basis of these alternative circumstances is the

nature and effects of the crime and the other conditions
attending its commission.

2. Are offenses punishable under special laws subject to

the provisions of the Revised Penal Code?
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3. Distinguish imputability fro responsibility.
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What are the justifying circumstances?
The justifying circumstances provided for under Art.

11 are the following:
Anyone who acts in defense of his person or rights,

provided that the following circumstances concur:
Unlawful aggression.
Reasonable necessity of the means employed to prevent or
repel it.
Lack of sufficient provocation on the part of the person

defending himself.
Any one who acts in defense of the person or rights of

his spouse, ascendants, or legitimate natural or adopted
brothers or sisters, or of his relatives by affinity in
the same degrees and those by consanguinity within the
fourth civil degree, provided the following requisites
are present:
1. Unlawful aggression.
2. Reasonable necessity of the means employed to prevent
or repel it.
In case the provocation was given by the person attacked,
that the one making defense had no part therein.
Anyone who acts in defense of the person or rights of a

stranger, provided that the following requisites concur:
1. Unlawful aggression.
2. Reasonable necessity of the means employed to prevent
or repel it.
The person defending be not induced by revenge,
resentment, or other evil motive.
Any person who, in order to avoid an evil or injury, does

an act which causes damage to another, provided that the
following requisites are present:
1. That the evil sought to be avoided actually exists.

2. That the injury feared be greater than that done to
avoid it.
That there be no other practical and less harmful means
of preventing it.
Any person who acts in the fulfillment of a duty or in

the lawful exercise of a right or office.
(6) Any person who acts in obedience to an order issued

by a superior for some lawful purpose.
What constitutes unlawful aggression?
The act must be unjustified and sufficient to imperil

one’s life, limb or right.
Is threat an unlawful aggression?
Mere threatening attitude is not unlawful aggression.

But if the threat is offensive and positively strong,
showing the wrongful intent to cause an injury, that
threat is an unlawful aggression.
Who are exempt from criminal liability?
The following are exempt from criminal liability:
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 persons thus afflicted, which he
shall not be permitted to leave without first obtaining
the permission of the same court.
A person under nine years of age.
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 Article 80 of the Revised Penal Code.
When such minor is adjudged to be criminally

irresponsible, the court, in conformity with the
provisions of this and the preceding paragraph, shall
commit him to the care and custody of hi family who shall
be charged with his surveillance and education otherwise,
he shall be committed to the care of some institutions or
person mentioned in said Art. 80.
Any person who, while performing a lawful act with due

care, causes an injury by mere accident without fault or
intention of causing it.

Nota Bene:
What is the penalty imposable when all the conditions

required are not present?
When all the conditions required to exempt from

criminal liability (under circumstance number 4 of Art.
12) are not present, the penalty imposable upon the
culprit is
arresto mayor in its maximum period to prision

correccional in its minimum period if he shall have been
guilty of a grave felony, and
arresto mayor in its minimum and medium periods, if of a
less grave felony (Art. 67, RPC).
(5) Any person who acts under the compulsion of

irresistible force.
Any person who acts under the impulse of an

uncontrollable fear or an equal or greater injury.
Any person who fails to perform an act required by law,

when prevented by some lawful insuperable cause.
What are the mitigating circumstances?
The following are mitigating circumstances:
Those justifying and exempting circumstances when all the

requisites necessary to justify the act or to exempt from
criminal liability in the respective cases are not
attendant.
That the offender is under eighteen years of age or over

seventy years. In the case of the minor, he shall be
proceeded against in accordance with the provisions of
Article 80.
That the offender had no intention to commit so grave a

wrong as that committed.
That sufficient provocation or threat on the part of the

offended party immediately preceded the act.
That the act was committed in the immediate vindication

of a grave offense to the one committing the felony
(delito), his spouse, ascendants, descendants,
legitimate, natural, or adopted brothers or sisters, or

relatives by affinity within the same degrees.
That of having acted upon an impulse so powerful as

naturally to have produced passion or obfuscation.
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.
That the offender is deaf and dumb, blind or otherwise

suffering some physical defect which thus restricts his
means of action, defense or communication with his fellow
beings.
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.
Any other circumstances of a similar nature and analogous

to those above mentioned.
What are the aggravating circumstances?
The aggravating circumstances are the following:
That advantage be taken by the offender of his public

position.
That the crime be committed in contempt of or with insult

to the public authorities.
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 it be committed in the
dwelling of the offended party, if the latter has not
given provocation.
That the act be committed with abuse of confidence or

obvious ungratefulness.
That the crime be committed in the palace of the chief

executive, or in his presence, or where public
authorities re engaged in the discharge of their duties,
or in a place dedicated to religious worship.
That the crime be committed in the night time, or in an

uninhabited lace, or by a band, whenever such
circumstances may facilitate the commission of an
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.
That the crime be committed on the occasion of a

conflagration, shipwreck, earthquake, epidemic or other
calamity or misfortune.
That the crime be committed with the aid of armed men or

persons who insure or afford impunity.
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.
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.
That the crime be committed in consideration of a price,

reward or promise.
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.
That the act committed with evident premeditation.
That craft, fraud or disguise be employed.
That advantage be taken of superior strength, or means be

employed to weaken the defense.
That the act be committed with treachery (alevosia).
There is treachery when the offender commits any of the

crimes against the 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.
That means be employed or circumstances brought about

which add ignominy to the natural effects of the act.

That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance is effected

by way not intended for the purpose.
That as a means to the commission of a crime a wall,

roof, floor, door, or window be broken.
That the crime be committed with the aid of persons under

fifteen years of age or by means of motor vehicles,
motorized watercraft, airships, or other similar means
(as amended by RA 5438).
That the wrong done in the commission of the crime be

deliberately augmented by causing other wrong not
necessary for its commission.
What are alternative circumstances? What are they?
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.
The alternative circumstances are (1) relationship, (2)

intoxication, and (3) the degree of instruction and
education of the offender.
When is the alternative circumstance of relationship be

considered?
The alternative circumstance of relationship shall be

taken into consideration when the offended party is the
(a) spouse, (b) ascendant (c) descendant, (d) legitimate,
natural or adopted brother or sister, or (e) relative by
affinity in the same degrees of the offender.
When shall the alternative circumstance of intoxication

mitigating?
The intoxication of the offender shall be taken into

consideration as a mitigating circumstance when the
offender has committed a felony in a state of
intoxication, if the same is (a) not habitual or (b) not
subsequent to the plan to commit said felony.
Nota Bene:
For an accused to be entitled to the mitigating

circumstance of intoxication, it must be shown that:

at the time of the commission of the criminal act, he has
taken such quantity of alcoholic drinks as to blur his
reason and deprive him of a certain degree of control;
and
that such intoxication is not habitual, or subsequent to
the plan top commit the felony.
When is intoxication aggravating?
The intoxication of the offender is aggravating (a)

when the intoxication is habitual or intentional or (b)
when it is intentional or subsequent to the plan to
commit the crime.
Habitual Drunkard
One given to intoxication by excessive use of

intoxicating drinks. The habit should be actual and
confirmed. It is unnecessary that it be a matter of daily
occurrence.
DEGREE OF INSTRUCTION AND EDUCATION
Low degree of instruction and education or lack of it is

generally mitigating.
High degree of instruction and education is aggravating

when the offender avails himself of his learning in
committing the crime.
Nota Bene:
Night time and dwelling are not qualifying aggravating

circumstances. They are merely ordinary or generic
aggravating circumstances that could elevate the
impossible penalty to its maximum period.
The qualifying aggravating circumstances are those
provided for in Art. 248 of the Revised Penal Code. If
any qualifying aggravating circumstance attended the
commission of the crime it elevates the crime to a graver
offense and gives it its proper designation. For example
when the killing is attended with any of the qualifying
aggravating circumstances like dwelling, the offender
will be liable for murder and not merely homicide.
NIGHT TIME
That period of darkness beginning at end of dusk and
ending at dawn. The Civil Code defines it as from sunset
to sunrise. (Art. 13, Civil Code of the Philippines).
Not all the time, night time may be appreciated as an

aggravating circumstance.
Night time may be appreciated as an aggravating
circumstance in the following instances:
when it facilitated the commission of the crime;

when it is especially sought for by the offender to
insure the commission of the crime; or
when the offender took advantage thereof for the purpose
of impunity.
Night time is not aggravating, even if the crime was

committed during night time in the following instances:
When the crime was the result of a succession of acts

which took lace within the period of two hours commencing
at 5:00 p.m. to 7:00 p.m.;
When treachery concurred with night time in the
commission of the crime because night time is absorbed in
treachery; and
When the meeting between the offender and the offended

party at night time is causal and the idea of committing
the crime came into the mind of the offender only at that
time.
The reason for this is that night time was not especially
sought for by the offender.
But, it may still be aggravating, if the darkness
facilitated the commission of the crime or that the
offender took advantage of it.
DWELLING
Dwelling is an aggravating circumstance when the crime

is committed in the dwelling of the offended party.
Why? Because of two reasons, namely:
when the offender was welcomed in the home of the

offended party and the offender committed the crime
against the latter, there was ABUSE OF CONFIDENCE; and
when the offender forced his way into the dwelling of the
offended party to commit the crime therein, there was
VIOLATION OF THE SANCTITY OF THE HOME.
Dwelling is not aggravating in the following instances;
When the offended party in his dwelling gave sufficient

and immediate provocation to the offender.
The offended party loses his right to be respected in his

home, because he gave sufficient provocation to the

offender. But the provocation contemplated has three
requisites:
it must be given in his dwelling;
it must be sufficient; and
it must be immediate.
When both the offender and the offended party are

occupants of the same dwelling.
When dwelling is inherent in the crime, such as in
robbery with force upon things and in trespass to
dwelling.
Pursuant to the 2000 Rules on Criminal procedure

specifically Rule 110 qualifying aggravating
circumstances as well as ordinary or generic aggravating
circumstances must be alleged in the information in order
to be appreciated.
WHO ARE CRIMINALLY LIABLE?
Ans.: The following are criminally liable for grave

and less grave felonies:
Principals.
Accomplices.
Accessories.
The following are liable for light felonies:
Principals.
Accomplices.
WHO ARE CONSIDERED AS PRINCIPALS?
The following are considered principals:
Those who take a direct part in the execution of the act;

Those who directly force or induce others to commit it;
Those who cooperate in the commission of the offense by
another act without which it would not have been
accomplished (Art. 17, RPC).
Three Kinds of Principals:
Principal by Direct Participation (PDP) - Those who take

a direct part in the execution of the act.
Principal by Induction (PI) - Those who directly force or
induce others to commit a crime.
Principal by Indispensable Cupertino (PIC) - Those who
cooperate in the commission of the offense by another act
without which the crime would not have been accomplished.

PRINCIPAL BY DIRECT PARTICIPATION
The principal by direct participation personally takes

part in the execution of the act constituting the crime.
For example, one who with intent to gain, personally
shoots another is liable as principal by direct
participation in the crime of homicide or one who burns
the house of another is a principal by direct
participation in the crime of arson.
Nota Bene:
Two or more persons may take direct part in the
execution of the act, in which case they may be
principals by direct participation, provided, the
following requisites are present:
That they participated in the criminal resolution. Absent

this requisite, the offender cannot be made liable as
principal.
That they carried out their plan and personally took part
in its execution by acts, which directly tended to the
same end.
PRINCIPAL BY INDUCTION
Becomes liable only as such when the principal by

direct participation committed the act induced.
Requisites:
In order that a person may be convicted as principal

by inducement, the following requisites must be present:
1. That the inducement be made directly with the

intention of procuring the commission of the crime; and
2. That such inducement be the determining cause of
the commission of the crime by the material executor.
Two Ways of Becoming a Principal by Induction
1. By directly forcing another to commit a crime, either

by using irresistible force, or
by causing uncontrollable fear.
2. By directly inducing another to commit a crime, either

by giving price, or offering reward or promise, or
by using words of command.

PRINCIPAL BY INDISPENSABLE COOPERATION
Cooperates with the principal by direct participation.
Requisites:
1. Participation in the criminal resolution, that is,

there is either anterior conspiracy or unity of criminal
purpose and intention immediately before the commission
of the crime charged; and
2. Cupertino in the commission of the offense by

performing another act without which the crime would not
have been accomplished.
Nota Bene:
Determine the cooperation rendered by the offender

whether dispensable or indispensable. If indispensable,
liable as principal by indispensable cooperation, but if
the cooperation is dispensable, liable as an accomplice.
WHO ARE CONSIDERED AS ACCOMPLICES?
Accomplices are those who, not being principals

cooperate in the execution of the offense by previous or
simultaneous acts (Art. 18, RPC).
Requisites:
In order that a person may be considered as

accomplice, the following requisites must concur:
1. There must be a community of design; that is,

knowing the criminal design of the principal by direct
participation, he concurs with the latter in his purpose;
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; and
3. There must be a relation between the acts done by
the principal and those attributed to the person charged
as accomplice.
Examples of Cooperation by an Accomplice
1. By Previous Act -- Lending of a dagger or pistol to

the murderer, knowing the latter’s criminal purpose.

2. By Simultaneous Act – The defendant who held one of

the hands of the victim and tried to take away the
latter’s revolver, while his co-defendant was attacking
him, is an accomplice for he cooperates in the execution
of the crime by simultaneous act without any previous
agreement or understanding.
Nota Bene:
1. An accomplice is neither a principal nor an

accessory but who cooperates with the principal by direct
participation by previous or simultaneous acts.
2. An accomplice concurs or approves the act of the
principal by direct participation and performs other acts
showing his conformity to the act of the principal by
direct participation.
3. An accomplice is not a part of the plan or
conspiracy.
4. The act or acts of the accomplice must be lesser
than the act or acts done by the principal by direct
participation, that is, they must not be equal to or
graver than the act or acts of the principal by direct
participation.
5. The cooperation of the accomplice is only
necessary, not indispensable.
How an Accomplice Acquires Knowledge of the Criminal

Design of the Principal?
When the principal informs or tells the accomplice of the

former’s criminal purpose.
When the accomplice saw the criminal acts of the
principal.
Distinction between Conspirators and Accomplices
Conspirators and accomplices have one thing in common;

they know and agree with the criminal design.
Conspirators, however, know the criminal intention
because they themselves have decided upon such course of
action. Accomplices come to know about after the
principals have reached a decision and only then do they
agree to cooperate in its execution.
Conspirators decide that a crime should be committed;

accomplices merely concur in it. Accomplices do not
decide whether a crime should be committed, they merely
assent to the plan and cooperate in its accomplishment.
Conspirators are the authors of the crime; accomplices

are merely their instruments who perform acts not
essential to the perpetration o the offense.
WHO ARE CONSIDERED AS ACCESSORIES?
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:
By profiting themselves or assisting the offender to

profit by the effects of the crime.
By concealing or destroying the body of the crime, or the
effects or instruments thereof, in order to prevent its
discovery.
By harboring, concealing or assisting in the escape of
the principal of the crime, provided the accessory acts
with abuse of his public functions or whenever the author
of the crime is guilty of treason, parricide, murder, or
an attempt to take the life of the Chief Executive, or is
known to be habitually guilty of some other crime (Art.
19, RPC).
Paragraph 3 of Article 19 contemplates two kinds of

accessories. They are:
1. Public officers who harbor, conceal or assist in the

escape of the principal of ANY CRIME (except for light
felony) with the abuse of his pubic functions.
Requisites:
The accessory is a public officer.

He harbors, conceals, or assists in the escape of the
principal;
The public officer acts with abuse of his public
functions.
The crime committed by the principal is any crime,
provided it is not a light felony.
2. Private persons who harbor, conceal or assist in the

escape of the author of the crime or the principal:
who is guilty of (a) treason, (b) parricide, (c) murder,

or (d) an attempt against the life of the Chief
Executive, or
who is known to be habitually guilty of some other crime.
Nota Bene:

The accessory, to be liable, must have knowledge that the
principal is habitually guilty of some other crime.
Presidential Decree No. 1612 (Anti-Fencing Law of 1979)
FENCING. DEFINED (Sec. 2, par. A, PD 1612)
The act 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.
FENCE, DEFINED (Sec. 2, par. B)
Any person, firm, association, corporation or

partnership or other organization who/which commits the
act of fencing.
WHO ARE THE ACCESSORIES THAT ARE EXEMPT FROM CRIMINAL

LIABILITY? IS THERE ANY EXECPTION?
Those accessories with respect to their spouses,

ascendants, descendants, legitimate, natural, and adopted
brothers and sisters, or relatives by affinity within the
same degrees.
The only exception is those accessories who incurred such
liability by profiting themselves or assisting the
offender to profit by the effects of the crime. These
accessories are criminally liable even if the principal
be their spouse, ascendant, descendant, legitimate,
natural and adopted brother or sister, or relative by
affinity with in the same degree (Art. 20, RPC).
Notes:
1. An accessory is exempt from criminal liability, when

the principal is his--
spouse, or
ascendant, or
descendant, or
legitimate, natural or adopted brother or sister, or
relative by affinity within the same degrees.
2. Nephew or niece not included among such relatives.

3. Accessory is not exempt from criminal liability even
if the principal is related to him, if such accessory:

profited by the effects of the crime, or
assisted the principal to profit by the effects of the
crime.
PENALTIES
Can you punish an act which is not defined and penalized

by any statute at the time of its commission?
No. Article 21 of the Revised Penal Code provides that

“No felony shall be punishable by any penalty not
prescribed by law prior to its commission.
The penalties under the Revised Penal Code have three-

fold purposes, namely:
Retribution of Expiation – the penalty is commensurate

with the gravity of the offense.
Correction or Reformation – those penalties consisting
deprivation of liberty.
Social Defense – shown by its inflexible severity to
recidivists and habitual delinquents.
May penal laws be given retroactive effect or

application?
Yes. Penal laws shall have retroactive effect insofar

as they favor the persons guilty of a felony, who is not
a habitual criminal, 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,
RPC).
What is the effect of pardon given by the offended party?
A pardon by the offended party does not extinguish

criminal action, but civil liability with regard to the
interest of the injured party is extinguished by the
express waiver of the offended party (Art. 23, RPC).
However, if the pardon is given prior to the
institution of the criminal action, it shall extinguish
criminal liability
What are the measures of prevention or safety which are

not considered penalties?

The following shall not be considered as penalties:
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.
The commitment of a minor:
to a public or private, benevolent or charitable

institution, established under the law for 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 the 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.
Suspension from the employment or public office during

the trial or in order to institute proceedings.
Fines and other corrective measures which, in the
exercise of their administrative disciplinary powers,
superior officials may impose upon their subordinates.
Deprivation of rights and the reparations which the civil
laws may establish in penal form.
What are the different classes of penalties which may be

imposed under the Revised Penal Code?
The different classes of penalties which may be

imposed under the Revised Penal Code are the following:
1. PRINCIPAL PENALTIES
Capital Punishment
Death
Afflictive Penalties
Reclusion Perpetua
Reclusion Temporal
Perpetual or Temporary Absolute Disqualification
Perpetual or Temporary Special Disqualification
Prision Mayor
Fine
Bond to Keep the Peace
Correctional Penalties
Prision Correccional
Arresto Mayor
Suspension
Destierro

Fine
Bond to Keep the Peace
Light Penalties
Arresto Menor
Public Censure
Nota Bene: Penalties common to Afflictive penalties,

Correctional Penalties and Light penalties are:
(1) Fine, and

(2) Bond to Keep the Peace
2. ACCESSORY PENALTIES
Perpetual or temporary absolute disqualification

Perpetual or temporary special disqualification
Suspension from public office, the right to vote and be

voted for, the profession or calling
Civil interdiction
Indemnification
Forfeiture or confiscation of instruments and proceeds of
the offense
Payment of costs (Art. 25, RPC).
When is a penalty considered afflictive, correctional, or

light?
A fine whether imposed as a single or as an

alternative penalty shall be considered:
an afflictive penalty, if it exceeds 6,000 pesos;

a correctional penalty, if it does not exceed 6,000 pesos
but is not less than 200 pesos; and
light penalty if it be less than 200 pesos (Art. 26,
RPC).
DURATION OF PENALTIES (Art. 27, RPC as amended by RA

7659)
Reclusion Perpetua – 20 years and 1 day to 40 years

Reclusion Temporal – 12 years and 1 day to 20 years
Prision Mayor and Temporary Disqualification – 6 years
and 1 day to 12 years, except when the penalty of
disqualification is imposed as an accessory penalty, in
which case, its duration shall be that of the principal
penalty.
Prision Correccional, Suspension, and Destierro – 6
months and 1 day to 6 years, except when suspension is

imposed as an accessory penalty, in which case, its
duration shall be that of the principal penalty.
Arresto Mayor – 1 month and 1 day to 6 months
Arresto Menor – 1 day to 30 days
Bond to Keep the Peace – The bond to keep the peace shall
be required as to cover such period of time as the court
may determine.
COMPUTATION OF PENALTIES
Rules:
If offender be in prison, the term of the duration of the

temporary penalties shall be computed from the day on
which the judgment of conviction shall have become final
If the offender be not in prison, the term of the

duration of the penalty consisting of deprivation of
liberty shall be computed from the day that the offender
is placed at the disposal of the judicial authorities for
the enforcement of the penalty.
The duration of other penalties shall be computed only

from the day on which the defendant commences to serve
his sentence (Art. 28, RPC).
When may the period of preventive imprisonment be allowed

to be deducted from the term of imprisonment?
Offenders who have undergone preventive imprisonment

shall be credited in the service of their sentence
consisting of deprivation of liberty,
with the full time during which they have undergone

preventive imprisonment, if the detention prisoner agrees
voluntarily in writing to abide by the same disciplinary
rules imposed upon convicted prisoners; or
four-fifths (4/5) of the time during which he has

undergone preventive imprisonment if the detention
prisoner does not agree to abide by the same disciplinary
rules imposed upon convicted persons (Art. 29, RPC as
amended by RA 6127).
Requisites:
The sentence imposed by the court consists of deprivation

of liberty or imprisonment;
The offender has undergone preventive imprisonment during

the pendency of the criminal proceeding until the
finality of the judgment; and
The detention prisoner agrees voluntarily in writing to

abide by the same disciplinary rules imposed upon
convicted prisoners.
Who are not entitled to be credited with the full time or

four-fifths of the time of preventive imprisonment?
The following offenders are not entitled to be

credited either with the full time or four-fifths of the
time of preventive imprisonment:
Recidivist, or those convicted previously twice or more

times of any crime; and
Those who, upon being summoned for the execution of the
their sentence have failed to surrender voluntarily (Art.
29, RPC).
Rule When Preventive Imprisonment for a Period Equal to

or more than the Possible Maximum Imprisonment
Whenever the accused has undergone preventive

imprisonment or 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 thereto or the
proceeding on appeal, if the same is under review (Art.
29, RPC as amended by EO 214, July 10, 1987).
Rule in Case the Maximum Penalty is Destierro
In case the maximum penalty to which the accused may

be sentenced is Destierro, he shall be released after 30
days of preventive imprisonment (Ibid).
EFFECTS OF THE PENALTIES ACCORDING TO THEIR RESPECTIVE

NATURE
What are the effects of the penalties of Perpetual or

Temporary Absolute Disqualification?

The penalties of perpetual or temporary absolute
disqualification for public office shall produce the
following effects:
1. The deprivation of the public offices and

employment which the offender may have held, even if
conferred by popular election.
2. The deprivation of the right to vote in any
election for any popular office or to be elected to such
office. In case of temporary disqualification, the
disqualification shall last during the term of the
sentence.
3. The disqualification for the offices or public
employment’s and for the exercise of any of the rights
mentioned. In case of temporary disqualification, the
disqualification shall last during the term of the
sentence.
4. The loss of all rights to retirement pay or other
pension for nay office formerly held (Art. 30, RPC).
What are the effects of the penalties of perpetual or

temporary special disqualifications?
The penalties of perpetual or temporary special

disqualification for public office, profession or calling
shall produce the following effects:
1. The deprivation of the office, employment,

profession or calling affected.
2. The disqualification or holding similar offices or
employments either perpetually or during the term of the
sentence according to the extent of such disqualification
(Art. 31, RPC).
What are the effects of the penalties of perpetual or

temporary special disqualification for the exercise of
the right of suffrage?
The perpetual or temporary special disqualification

for the exercise of the right of suffrage shall:
deprive the offender perpetually or during the term of
the sentence, according to the nature of said penalty, of
the right to vote in any popular election for any public
office or to be elected to such office; and
the offender shall not be permitted to hold any public
office during the period of his disqualification (Art.
32, RPC).
What are the effects of the penalties of suspension from

any public office, profession or calling, or the right of

suffrage?
The penalties of suspension from any public office,

profession or calling, or the right of suffrage shall
disqualify the offender from holding such office or
exercising such profession or calling or right of
suffrage during the term of the sentence.
The person suspended from holding public office shall
not hold another having similar functions during the
period of his suspension (Art. 33, RPC).
What are the effects of civil interdiction?
Civil interdiction shall deprive the offender during

the time of his sentence of the rights of parental
authority, or guardianship, either as to the person or
property of the ward, of marital authority, of the right
to manage his property and of the right to dispose of
such property by any act or any conveyance inter vivos
(Art. 34, RPC).
What are the effects of bond to keep the peace?
It gives the person sentenced to give bond to keep the

peace the duty to present two sufficient sureties who:
shall undertake that such person will not commit the
offense sought to be prevented, and
in case such offense be committed they will pay the
amount determined by the court in the judgment, or
otherwise to deposit such amount in the office of the
clerk of the court to guarantee said undertaking (Art.
35, RPC).
What is the effect if the person sentenced failed to give

the bond required by the court?
Should the person sentenced fail to give the bond as

required he shall be detained for a period which:
shall in no case exceed six (6) months, if he shall have
been prosecuted or a grave or less grave felony, and
shall not exceed thirty (30) days if for a light felony
(Art. 35, RPC).
What is the period of duration of the bond?
The period of duration of the bond depends upon the

discretion of the court. The court shall determine,
according to its discretion, the period of duration of
the bond (Art. 35, RPC).

What are the effects of pardon given by the President in

the exercise of his pardoning power?
The pardon given by the President have the following

effects:
It shall not work the restoration of the right to hold

pubic office, or the right of suffrage except when such
rights were expressly restored by the terms of the
pardon, and
It shall in no case exempt the culprit from the payment
of the civil indemnity imposed upon him by the sentence
(Art 36, RPC).
What are included in the costs of the proceeding in

criminal cases?
Costs shall include fees and indemnities in the course

of the judicial proceedings, whether they be fixed or
unalterable amounts previously determined by law or
regulations in force, or amounts not subject to schedule
(Art. 37, RPC).
What are pecuniary liabilities of a person guilty of a

crime?
The pecuniary liabilities of the offender are the

following:
The reparation of the damage caused;
Indemnification of consequential damages;
The Fine; and
The cost of the proceedings.
What is the order of payment in case the property of the

offender is not sufficient for the payment of all his
pecuniary liabilities?
In case the property of the offender is not sufficient

for the payment of all his pecuniary liabilities, the
same shall be met in the following order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.
When should this order of payment be availed of?

The order of payment provided for under Art. 28 of the
Revised Penal Code should be availed of only when the
offender is insolvent or his property is not sufficient
for the payment of all his pecuniary liabilities.
What is subsidiary penalty?
Subsidiary penalty is a subsidiary personal liability

to be suffered by the convict who has no property with
which ti meet the pecuniary liabilities for the
reparation of the damage caused, indemnification of
consequential damages, and fine, at the rate of one day
for each 8.00, subject to the rules provided for by law.
Is subsidiary penalty deemed imposed in case the convict

could not pay certain pecuniary liabilities by reason of
insolvency? Explain.
No, subsidiary penalty must be expressly imposed by

the Court in order that the convict may be required to
serve it. It is not an accessory penalty. It is imposed
upon the accused and served by him in lieu of certain
pecuniary liabilities which he fails to pay on account of
insolvency.
What are the rules relative to subsidiary penalty?
The rules are:

If the penalty imposed if Prision Correccional or arresto
and fine – subsidiary imprisonment, not to exceed 1/3 of
the term of the sentence, and in no case to continue for
more than one year. Fraction or part of a day, not
counted.
When the penalty imposed is fine only – subsidiary
imprisonment, not to exceed 6 months, if the offense is
grave or less grave felony; and not to exceed 15 days, if
light felony.
When the penalty imposed is higher than prision
correccional – no subsidiary imprisonment.
If the penalty imposed is not by confinement, but of
fixed duration – the nature of the subsidiary penalty is
the same as that of the principal penalty under the same
rules in number 1, 2, and 3 above.
In case the financial circumstances of the convict should
improve he shall pay the fine (Art. 39, RPC as amended by
RA 5465, April 21, 1969).
Notes:
In what case is there no subsidiary penalty, even if the

offender cannot pay the pecuniary liabilities by reason
insolvency?
Even if the offender cannot pay the pecuniary

liabilities by reason of insolvency, the offender cannot
be required to undergo subsidiary penalty in the
following instances:
When the penalty imposed is higher than Prision

correccional, such as Prision mayor, Reclusion temporal
and Reclusion perpetua. In this case, there is no
subsidiary penalty.
For failure to pay the costs of the proceedings there is
no subsidiary penalty.
When the penalty imposed is fine and a penalty not to be
executed by confinement in a penal institution and has no
fixed duration, there is no subsidiary penalty.
Nota Bene:
Subsidiary penalty is possible only when any of the

following penalties is imposed:
prision correccional;
suspension and fine;
destierro
arresto mayor;
arresto menor; and
fine only.
What is the maximum duration of the subsidiary penalty?
If the penalty imposed is prision correccional or

arresto mayor and fine it shall not exceed one-third
(1/3) of the term of the sentence, and in no case shall
it continue for more than one (1) year.
But if the penalty imposed if fine only, it shall not
exceed six (6) months, if the offender is prosecuted for
grave or less grave felony; and not more than fifteen
(15) days, if prosecuted for a light felony.
In what does the subsidiary penalty consist?
Subsidiary penalty does not always consist of

imprisonment.
If the penalty imposed is prision correccional or
arresto mayor and fine, the subsidiary penalty shall
consist in imprisonment.
If the penalty imposed is destierro, the subsidiary
penalty is also destierro.
If the penalty imposed is suspension, the subsidiary

penalty is also suspension.
What is an accessory penalty?
An accessory penalty is that penalty which is deemed

included in the imposition of the principal penalty.
What are the accessory penalties of death?
If the penalty of death is executed, it has no

accessory penalties for obvious reasons.
If the penalty of death not executed by reason of
commutation or pardon, its accessory penalties are (1)
perpetual absolute disqualification, and (2) civil
interdiction during thirty (30) years EXCEPT when such
accessory penalties have been expressly remitted in the
pardon (Art. 40, RPC).
What are the accessory penalties of Reclusion Perpetua

and Reclusion Temporal?
The accessory penalties of Reclusion Perpetua and

Reclusion Temporal are (1) civil interdiction for life or
during the period of the sentence as the case may be, and
(2) perpetual absolute disqualification which the
offender shall suffer even though pardoned as to the
principal penalty EXCEPT when such accessory penalties
have been expressly remitted in the pardon (Art. 41,
RPC).
What are the accessory penalties of Prision Mayor?
The accessory penalties of prision mayor are (1)

temporary absolute disqualification, and (2) perpetual
special disqualification from the right of suffrage which
the offender shall suffer although pardoned as to the
principal penalty EXCEPT when such accessory penalties
have been expressly remitted in the pardon (Art. 42,
RPC).
What are the accessory penalties of Prision Correccional?
The accessory penalties of prision correccional are

(1) suspension from public office, from the right to
follow a profession or calling, and (2) perpetual special
disqualification from the right of suffrage, if the
duration of said imprisonment shall exceed eighteen (18)
months even though pardoned as to the principal penalty
EXECPT when such accessory penalties have been expressly
remitted in the pardon (Art. 43, RPC).

What are the accessory penalties of arresto?
The accessory penalties of arresto are (1) suspension

of the right to hold office, and the right of suffrage
during the term of the sentence (Art. 44, RPC).
Note:
Every penalty imposed for the commission of a felony
carries with it the forfeiture of the proceeds of the
crime and the instruments or tools with which it was
committed.
What should be done to the proceeds, instruments or

tools?
Such proceeds and instruments or tools are confiscated

and forfeited in favor of the Government EXCEPT when such
property belongs to a third person not liable for the
offense.
Those articles which are not subject of lawful commerce
shall be destroyed (Art. 45, RPC).
Is subsidiary penalty an accessory penalty?
No. Subsidiary penalty is a personal penalty

prescribed by law I substitution of the pecuniary
liability when the latter cannot be satisfied because of
the culprit’s insolvency. Hence, subsidiary imprisonment
cannot be served unless the judgment so provides in case
the accused is insolvent (People vs. Fajardo, 65 Phil.
539).
APPLICATION OF PENALTIES
Generally, the Penalty Imposed by Law is to be Imposed

Upon Principals
The penalty prescribed by law for the commission of a

felony shall be imposed upon the principals in the
commission of such felony (Art. 46, RPC).
Penalty Imposed Applies to Consummated Felony
Whenever the law prescribed a penalty for a felony in

general terms, it shall be understood as applicable to
the consummated felony (Art. 46, RPC).
WHAT IS A COMPLEX CRIME?

A complex crime is one where a single act constitutes

two or more grave or less grave felonies or where an
offense is a necessary means for committing the other
(Art. 48, RPC).
Two Kinds of Complex Crime
Delito Compuesto or Compound Crime - When a single act

constitutes two or more grave or less grave felonies.
Delito Complejo or Complex Crime Proper - When an offense

is a necessary means for committing the other.
Nota Bene: A complex crime is only one crime as

contemplated by law because the offender has only one
criminal intent.
DELITO COMPUESTO (Compound Crime)
Requisites:
That only a single act is performed by the offender.

That the single act produces two or more grave or less
grave felonies.
Examples: Murder with Homicide, Homicide with Frustrated

Homicide
DELITO COMPLEJO (Complex Crime Proper)
Requisites:
That at least two offenses are committed.

That one or some of the offenses must be necessary means
for committing the other.
That both or all the offenses must be punished under the
same statute.
Examples: Estafa through falsification of commercial

documents.
Malversation through falsification of a public document.
Nota Bene:
No complex crime when one of the offenses was committed

for the purpose of concealing the commission of the
other.

Example:
After committing homicide, the accused in order to

conceal the crime, set fire to the house where it had
been perpetrated.
Setting fire to the house is arson (Art 321). But in this

case, neither homicide nor arson was necessary to commit
the other. Hence, the offender committed two separate
crimes of Homicide and Arson.
No complex crime where the offense is penalized by a

special law.
In the case of Reocdica versus Court of Appeals, a grave

or less grave felony cannot be complex with a light
felony. The light felony should be separated, no to be
complexed.
PENALTY TO BE IMPOSED IN CASE OF COMPLEX CRIMES
The penalty for the more or most serious crime shall

be imposed, the same to be applied in its maximum period
(Art. 48, RPC).
Nota Bene:
The penalty to be imposed in case of complex crime is the

penalty imposable to the gravest offense notwithstanding
the presence of mitigating circumstances. This is so
because the maximum of the maximum cannot be offset by
any mitigating circumstance.
This does not mean however that the Indeterminate

Sentence Law does not apply to complex crimes. As long as
the case does not belong to the exceptions provided for
under Sec. 2 of Act 4103 as amended (Indeterminate
Sentence Law), the provisions of such law shall be
applied. However, in fixing the maximum penalty imposable
to the offender, the maximum shall be imposed regardless
of the presence of any mitigating circumstance.
Penalty to be Imposed upon the Principals when the Crime

Committed is Different from That Intended
In cases in which the felony committed is different

from that which the offender intended to commit, the
following rules shall be observed:
If the penalty prescribed for the felony committed be

higher than that corresponding to the offense which the

accused intended to commit – the penalty corresponding to
the offense which the accused intended to commit shall be
imposed in its maximum period.
If the penalty prescribed for the felony committed be
lower than that corresponding to the one, which the
accused intended to commit – the penalty prescribed for
the felony committed shall be imposed in its maximum
period.
The rule established by the next preceding paragraph
shall not be applicable if the acts committed by the
guilty person shall also constitute an attempt or
frustration of another crime, if the law prescribes a
higher penalty for either of the latter offenses, in
which case the penalty provided for the attempted or the
frustrated crime shall be imposed in its maximum period
(Art. 49, RPC).
Nota Bene:
Art. 49 does not apply to aberratio ictus because I this

hypothesis there is a complex crime and Art. 48 applies.
It does not apply also to praeter intentionem, because in

this hypothesis, the crime befalls the same person,
whereas Art. 49 has no application to cases where a more
serious consequence not intended by the offender befalls
the same person (People versus Alburquerque, 59 Phil.
150).
ARTICLES 50 - 57
Penalty to be imposed upon PRINCIPALS of a FRUSTRATED

CRIME:
The penalty next lower in degree than that prescribed

by law for the consummated felony shall be imposed upon
the principal in a frustrated felony (Art. 50, RPC).
Penalty to be imposed upon PRINCIPALS of ATTEMPTED

CRIMES:
A penalty lower by two degrees than that prescribed by

law for the consummated felony shall be imposed upon the
principals in an attempt to commit a felony (Art. 51,
RPC).
Nota Bene:
Art. 250. Penalty for frustrated parricide, murder or

homicide. – The courts in view of the facts of the case
may impose upon the person guilty of the frustrated crime
of PARRICIDE, MURDER or HOMICIDE… a penalty lower by one

degree than that which should be imposed under the
provisions of Art. 50.
The courts, considering the facts of the case may

likewise reduce by one degree the penalty which under
Art. 51 should be imposed for an attempt to commit any of
such crimes (Art. 250, RPC).
Question: May the court impose a penalty lower by two

degrees than hat prescribed by law for the consummated
felony upon the principal in a frustrated felony?
Answer: Yes. The court, in view of the facts of the

case, may impose upon the person guilty of the frustrated
crime of parricide, murder or homicide a penalty lower by
one degree than that which should be imposed under the
provisions of Art. 50 (Art. 250, RPC).
Inasmuch as Art. 50 provides that the penalty next lower

in degree than that prescribed by law for the consummated
felony shall, and Art. 250 provides that the court may
impose a penalty lower by one degree than that which
should be imposed under Art. 50, it is clear that the
court can impose a penalty lower by two degrees.
Question: May the court impose a penalty lower by three

degrees than that prescribed by law for the consummated
felony upon the principal in an attempted felony?
Answers: Yes. The court, considering the facts of the

case, may likewise reduce by one degree the penalty which
under Art. 51 should b imposed for an attempt to commit
any of such crimes (Art. 250, 2nd par.).
Inasmuch as Art. 51 provides that a penalty lower by two

degrees than that prescribed b law for the consummated
felony shall be imposed upon the principal in an attempt
to commit a felony, and Art. 250 provides that the court
may reduce by one degree the penalty which under Art. 51
should be imposed for a attempt to commit the crime of
parricide, murder or homicide, it is clear that he court
can impose a penalty lower by three degrees.
Note that Art. 250 only applies in three crimes, namely:
(1) PARRICIDE, (2) MURDER, and (3) HOMICIDE.
Penalty to be imposed upon ACCOMPLICES in a CONSUMMATED

CRIME:
by law for the consummated felony shall be imposed upon
the accomplices in the commission of a consummated felony

(Art. 52, RPC).
Penalty to be imposed upon ACCESSORIES to the commission

of a CONSUMMATED FELONY:
The penalty lower by two degrees than that prescribed
by law or the consummated felony shall be imposed upon
the accessories to the commission of a consummated felony
(Art 53, RPC).
Penalty to be imposed upon ACCOMPLICES in a FRUSTRATED

CRIME:
by law for the frustrated felony shall be imposed upon
the accessories to the commission of a frustrated felony
(Art. 54, RPC).
Penalty to be imposed upon ACCESSORIES of a FRUSTRATED

CRIME:
by law for the frustrated felony shall be imposed upon
the accessories to the commission of a frustrated felony
(Art. 55, RPC).
Penalty to be imposed upon ACCOMPLICES in an ATTEMPTED

CRIME:
The penalty next lower in degree than that prescribed by

law for an attempt to commit a felony shall be imposed
upon the accomplices I an attempt to commit the felony
(Art. 56, RPC).
Penalty to be imposed upon accessories of an ATTEMPTED

CRIME:
by law for the attempted felony shall be imposed upon the
accessories to the attempt to commit a felony (Art. 57,
RPC).
Exception to Arts. 50 – 57:

The provisions contained in Articles 50 to 57 shall
not be applicable to cases in which the law expressly
prescribes the penalty provided for a frustrated or
attempted felony, or to be imposed upon accomplices or
accessories (Art. 60, RPC).
Additional penalty to be imposed upon certain

accessories:
Those accessories falling within the terms of

paragraph 3, Art 19 of the RPC who should act with abuse

of their public functions, shall suffer the additional
penalty for absolute perpetual disqualification of the
principal offender hall e guilty of a grave felony, ad
that of absolute temporary disqualification if he shall
be guilty of a less grave felony (Art. 58, RPC).
RULES FOR GRADUATING PENALTIES
For the purpose of graduating the penalties which

according to the provisions of Arts. 50 – 57 are to be
imposed upon persons guilty as principals of any
frustrated or attempted felony, or as accomplices or
accessories, the following rules shall be observed:
When the penalty prescribed for the felony is single and

indivisible, the penalty next lower in DEGREE shall be
that immediately following that indivisible penalty in
the respective graduated scale prescribed in Art. 71.
When the penalty prescribed for the crime is composed of
two indivisible penalties, or of one or more divisible
penalties to be imposed to heir full extent, the penalty
next lower in degree shall be that immediately following
the lesser of the penalties prescribed in the respective
graduated scale.
one or two indivisible penalties and the maximum period
of another divisible penalty, the penalty next lower in
degree shall be composed of three medium and minimum
periods of the proper indivisible penalty and the maximum
period of that immediately following in said respective
graduated scale.
several periods, corresponding to different divisible
penalties, the penalty next lower in degree shall be
composed of the period immediately following, which shall
be taken from the penalty prescribed, if possible;
otherwise from the penalty immediately following in the
above mentioned respective graduated scale.
When the law prescribes a penalty for a crime in some
manner not especially provided for in the four preceding
rules, the courts proceeding by analogy, shall impose
corresponding penalties upon those guilty as principals
of the frustrated felony, or of attempt to commit the
same, and upon accomplices and accessories (Art. 61,
RPC).
What is a degree in relation to the penalties provided by

the Revised Penal Code?
A degree is one unit penalty or one of the penalties

enumerated in the graduated scales in Art. 71 of the
Revised Penal Code.
Thus, Scale No. 1 of said article mentions the
penalties in the following order:
1. Death,
2. Reclusion Perpetua,
3. Reclusion Temporal,
4. Prision Mayor,
5. Prision Correccional,
6. Arresto Mayor,
7. Destierro,
8. Arresto Menor,
9. Public Censure,
10. Fine.
One of them is a degree in relation to the others.

Prision mayor is one degree lower from reclusion
temporal. Prision correccional is two degrees lower from
reclusion temporal.
Effects of the attendance of mitigating or aggravating

circumstances and of habitual delinquency:
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:
Aggravating circumstances which in themselves constitute

a crime especially punishable by law or which are
included by the law in defining a crime and prescribing
the penalty therefor shall not be taken into account for
the purpose of increasing the penalty.
(a). When in the commission of the crime, advantage

was taken by the offender of his public position, the
penalty to be imposed shall be in its maximum regardless
of mitigating circumstances. The maximum penalty shall be
imposed if the offense was committed by any person who
belongs to an organized/syndicated crime group.
An organized/syndicated crime group means a group of

two or more persons collaborating, confederating or
mutually helping one another for purposes of gain in the
commission of any crime.
The same rule shall apply with respect to any aggravating

circumstances inherent in the crime to such a degree that
it must of necessity accompany the commission thereof.

Aggravating or mitigating circumstances which arise from

the moral attributes of the offender, or from his private
relations with the offended party, or from any other
personal cause, shall only serve to aggravate or mitigate
the liability of the principals, accomplices and
accessories as to whom such circumstances are attendant.
The circumstances which consist in the material execution

of the act, or 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.
Habitual delinquency shall have the following effects:
Upon a third conviction the culprit shall be sentenced to

the penalty provided by law for the last crime of which
he be found guilty and to the additional penalty of
prision correccional in its medium and maximum periods;
Upon a fourth conviction, the culprit shall be sentenced
to the penalty provided for the last crime of which he be
found guilty and to the additional penalty of prision
mayor in its minimum and medium periods; and
Upon a fifth or additional conviction, the culprit shall
be sentenced to the penalty provided for the last crime
of which he be found guilty and to the additional penalty
of prision mayor in its maximum 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 purpose of this article, a person shall be deemed

to be habitual delinquent, if within a period of ten (10)
years from the date of his release or last conviction of
the crimes of serious or less serious physical injuries,
robo, hurto, estafa or falsification, he is found guilty
of any of said crimes a third time or oftener (Art. 62,
RPC as amended by RA 7659).
Rules for the application of indivisible penalties
In all cases in which the law prescribed a single

indivisible penalty, t 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 there is present only

one aggravating circumstance, the greater penalty shall
be applied.
When there are neither mitigating nor aggravating
circumstances in the commission of the deed, the lesser
penalty shall be applied.
When the commission of the act is attended by some
mitigating circumstances and there is no aggravating
circumstance, the lesser penalty shall be applied.
When the litigating and aggravating circumstances
attended the commission of the act, the court shall
reasonably allow them to offset one another in
consideration of their number and importance, for the
purpose of applying the penalty in accordance with the
preceding rules, according to the result of such
compensation (Art. 63, RPC).
Rules for the application of penalties which contain

three periods:
In cases in which the penalties prescribed by law

contain three periods, whether it be a single divisible
penalty or composed of three different penalties, each
one of which forms a period in accordance with the
provisions of Arts. 76 and 77, the court shall observe
for the application of the penalty the following rules,
according to whether there are or are not mitigating or
aggravating circumstances:
When there are neither aggravating nor mitigating

circumstances, they shall impose the penalty prescribed
by law in its medium period.
When only a mitigating circumstance is present in the
commission of the act, they shall impose the penalty in
its minimum period.
When only an aggravating circumstance is present in the
commission of the act, they shall impose the penalty in
its maximum period.
When both mitigating and aggravating circumstances are
present, the court shall reasonably offset those of one
class against the other according to their relative
weight.
When there are tow or more mitigating circumstances and
no aggravating circumstances are present, the court shall
impose the penalty next lower to that prescribed by law,
in the period that it may deem applicable, according to

the number and nature of such circumstances.
Whatever may be the number and nature of the aggravating
circumstances, the courts shall not impose a greater
penalty than that prescribed by law, in its maximum
period.
Within the limits f each period, the court 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 o the evil
produced by the crime (Art. 64, RPC).
Notes:
What is a period n relation to a penalty?
A period is one of the three equal portions of a

divisible penalty known as minimum, medium and maximum.
However, when the penalty prescribed by the Code is
composed of three distinct penalties each forming a
period, a period is one of those three penalties.
What is a complex penalty?
A complex penalty is a penalty prescribed by law,

composed of three distinct penalties, each forming a
period. The lightest of them shall be the minimum period;
the next the medium period and the most severe shall be
the maximum period.
Example:
Reclusion Temporal to Death.
minimum period – Reclusion temporal
medium period – Reclusion Perpetua
maximum period – Death
Is a complex penalty the penalty for a complex crime?
No, it is not the penalty for complex crime. The

penalty for a complex crime is that provided for under
Article 48 of the Revised Penal Code, that is, the
penalty for the graver or gravest offense, the same to be
imposed in its maximum period.
Rules in cases in which the penalty is not composed of

three periods
In cases in which the penalty prescribed by law is not

composed of three periods, the courts shall apply the
rules provided under Art. 64, dividing into three equal
portions of time included in the penalty prescribed and
forming one period or each of the three portions (Art.

65, RPC).
IMPOSITION OF FINES
May the court impose a fine at its own discretion?
Art. 66 provide that in imposing fines the courts may

fix any amount within the limits established by law.
Hence, even though the law authorizes the court to impose
any amount of fine, said amount should be within the
limits provided for by law.
What are the factors that should be taken into

consideration by the court in fixing the amount of fine?
In fixing the amount in each case, attention shall be

given, not only to the mitigating and aggravating
circumstances, but more particularly to the wealth or
means of the culprit (Art. 66, RPC).
Penalty to be imposed upon a person under eighteen years

of age
When the offender is a minor under eighteen years and

his case s one coming under the provisions of the
paragraph next to the last of Art. 80 of the Revised
Penal Code, the following rules shall e observed:
Upon a person under fifteen but over nine years of age,

who is not exempted from liability by reason of the court
having declared that he acted with discernment
discretionary penalty shall be imposed, but always lower
by two degrees at least than that prescribed by law for
the crime which he committed.
Upon a person over fifteen and under eighteen years of
age the penalty next lower than that prescribed by law
shall be imposed, but always in the proper period (Art.
68, RPC).
Penalty to be imposed when the crime committed is not

wholly excusable:
A penalty lower by one or two degrees than that

prescribed by law shall be imposed if the deed is not
wholly excusable by reason of the lack of some of the
conditions required to justify the same or to exempt from
criminal ability in the several cases mentioned in Arts.
11 and 12 provided that the majority of such conditions
are present. The courts shall impose the penalty in the

period which may be deemed proper, in view of the number
and nature of the conditions of exemption present or
lacking (Art. 69, RPC).
SERVICE OF SENTENCE
How should the offender serve his penalties when he has

to serve two or more penalties?
When the culprit has to serve two or more penalties,

he shall serve them simultaneously if the nature of the
penalties will so permit.
If the nature of such penalties is not possible for

simultaneous service, the order of their severity shall
be followed so that they may be executed successively or
as nearly as may be possible, should a pardon have been
granted as to the penalty or penalties first imposed, or
should they have been served out (Art. 70, 1st and 2nd
paragraphs, RPC).
According to severity, what is the order of the penalties

provided for by law?
The respective severities of the penalties are

arranged in the following scale:
Death,
Reclusion Perpetua,
Reclusion Temporal,
Prision Mayor,
Prision Correccional,
Arresto Mayor,
Arresto Menor,
Destierro,
Perpetual Absolute Disqualification,
Temporary Absolute Disqualification
Suspension for public office, the right to vote and be
voted for, the right to follow a profession or calling,
Public censure.
What is the three-fold rule in Criminal Law?
It is the rule providing that the maximum duration of

the convict’s sentence shall not be more than three-old
the length of tie corresponding to the most severe of the
sentence imposed. No other penalty to which he may be
liable shall be inflicted after the sum total of those
imposed equals the sae maximum period.
Such maximum period shall in no case exceed forty (40)

years (Art. 70, PRC).
What is the duration of perpetual penalties (pena

perpetua)?
The duration of perpetual penalties (pena perpetua)
shall be computed at thirty (30) years (Art. 70, RPC).
GRADUATED SCALE
In the case in which the law prescribed a penalty

lower or higher by one or ore degrees than another given
penalty, the rules prescribed in Art. 61 shall be
observed in graduating such penalty.
The lower or higher penalty shall be taken from the

graduated scale in which s comprised the given penalty.
The courts in apllying such lower or higher penalty
shall observe the following graduated scales:
SCALE NO. 1
Death,
Reclusion Perpetua,
Reclusion Temporal,
Prision Mayor,
Prision Correccional,
Arresto Mayor,
Destierro,
Arresto Menor,
Public Censure,
Fine.
SCALE NO. 2
Perpetual absolute disqualification,

Temporary absolute disqualification,
Suspension from pubic office, the right to vote and
bevoted for, and the right to follow a profession or
calling,
Public censure,
Fine (Art. 71, RPC).
What is the order of preference in the payment of civil

liabilities of a person found guilty of two or more
offenses?
The civil liability of a person found guilty of two or

more offenses shall be satisfied by following the
chronological order of the dates of the judgments

rendered against him, beginning with the first in order
of time (Art. 72, RPC).
What is the 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 such as
death if not executed by reason of commutation or pardon,
reclusion perpetua, reclusion temporal, prision mayor,
prision correccional, and arresto, it must be understood
that the accessory penalties are also imposed upon the
convict (Art. 73, RPC).
Penalty higher than reclusion perpetua in certain cases
In cases in which the law prescribe 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 Art. 40, shall be considered as
the next higher penalty (Art. 74, RPC).
DIFFERENTIATIONS
1. When is the discharge of firearm (1) alarm, (2)

illegal discharge of firearm, or (3) attempted homicide,
or attempted murder or attempted parricide?
The discharge of firearm is considered as an alarm when

the offender merely discharges his firearm within a town
or public place, which produces alarm or danger, without
aiming the firearm at or against any person.
It is illegal discharge of firearm when the offender
discharges the firearm against or at a certain person,
without any intent to kill, but merely to frighten the
offended party.
It is attempted homicide, or attempted murder or
attempted parricide, when the firearm is discharged at or
against another person with intent to kill the latter,
but without hitting the offended party or without
inflicting a mortal wound on him.
2. When is the killing of a child below seven years of

age (1) murder, (2) parricide, or (3) infanticide?

The killing of a child less than seven years of age is
murder when the relation of the offender with the child
is not one of those mentioned in the definition of the
crime of parricide and the child is at least three (3)
days old.
It is parricide when the victim is the child, whether
legitimate or illegitimate or the legitimate other
descendant of the offender and the age of the child is at
least three (3) days old.
It is infanticide when the child killed is less than
three (3) days old, regardless of whether or not the
offender is related to the child.
3. Distinctions of Reclusion Perpetua from Life

Imprisonment
The penalty of life imprisonment is applicable to special

laws, reclusion perpetua is applicable to felonies
punished under the Revised Penal Code.
Reclusion perpetua entails imprisonment for at least
thirty (30) years after which convict becomes eligible
for pardon; Life imprisonment has no definite extent or
duration.
Reclusion perpetua carries with it accessory penalties
while life imprisonment does not carry with it any
accessory penalty.
4. Distinguish Syndicated Crime Group from a Conspiracy

of Two or More Persons.
In syndicated crime group, an offense is committed by a

group actually organized for gain purposes. Such is not
necessary in the latter.
A syndicate crime group is an organized group. Such
oganization is not required in mere conspiracy.
In syndicate, there is a group that is actually organized
for crime purposes. When two or more persons just agree
to commit a crime, there is conspiracy.
5. Distinguish Piracy from Mutiny
In piracy, the persons who attack a vessel or seize its

cargo are strangers to said vessel. In mutiny, they are
members of the crew or passengers.
Gain is essential in piracy. In mutiny, the offenders may
only intend to ignore the ship’s officers or to commit
plunder.
6. Distinguish Cuadrilla from Syndicate
Syndicate involves two or more persons not necessarily

armed. Cuadrilla refers to at least four (4) armed
persons.
Cuadrilla generally applies to all crimes. Syndicate
applies to crimes committed for purposes of gain.
7. Distinction between general intent and specific

intent.
In felonies committed by dolus, the third element

of voluntariness is a general intent; whereas, in some
particular felonies proof of particular or specific
intent is required. Thus in certain crimes against
property, there must be the intent to gain (Art. 293,
Robbery, Art 308, Theft). Intent to kill is essential in
frustrated or attempted homicide (Art. 249). In forcible
abduction (Art 342), the specific intent of lewd designs
must be proved.
8. Intent to commit the crime and intent to perpetrate

the act, distinguished.
A person may not have consciously intended to commit a

crime; but he did intend to commit an act, and that act
is, by the very nature of things the crime itself.
In the first (intent to commit the crime), there
must be criminal intent; in the second (intent to
perpetrate the act), it is enough that the prohibited act
is done freely and consciously.
9. Mala in se and mala prohibita, distinguished.
There is a distinction between crimes which are

mala in se, or wrongful from their nature, such as theft,
rape, homicide, etc., and those that are mala prohibita,
or wrong merely because prohibited by statute, such as
illegal possession of firearm.
Crimes mala in se are those so serious in their

effects to society as to call for the almost unanimous
condemnation of its members; while crimes mala prohibita
are violations of mere rules of convenience designed to
secure a more orderly regulation of the affairs of
society.
In acts mala in se, the intent governs; but in those mala

prohibita, the only inquiry is, has the law been
violated?
Criminal intent is not necessary where the act is
prohibited for reasons of public policy, as in illegal
possession of firearm.
The term mala in se refers generally to felonies defined

and penalized by the RPC. The term mala prohibita refers
generally to acts made criminal by special laws.
10. Intent distinguished from motive.
Motive is the moving power which impels one to action

for a definite result. Intent is the purpose to use a
particular means to effect such result.
Distinguish conspiracy as a felony from conspiracy as a

manner of incurring criminal liability.
In both, two or more persons come to an agreement

concerning the commission of a felony and decide to
commit it. Hence, the definition of conspiracy in Art 8
applies to both.
When the conspiracy relates to crimes other than treason,

rebellion or sedition, it is not a felony but only a
manner of incurring criminal liability. When the felony
is committed after the conspiracy, the act of one
offender is the act of all the other offenders.
Even if the conspiracy relates to the crime of treason,

rebellion or sedition, if the latter is actually
committed, the conspiracy is not a separate offense, but
only a manner of incurring criminal liability in treason,
rebellion or sedition. The offenders are liable for
treason, rebellion or sedition as the case may be, and
the conspiracy is absorbed.
(12) Imbecility distinguished from insanity.
While the imbecile is exempted in all cases from

criminal liability, the insane is not so exempted if it
can be shown that he acted during a lucid interval.
(13) Entrapment and instigation, distinguished.
There is a wide difference between entrapment and

instigation, fir while in the latter case the instigator
practically induces the would-be accused into the
commission of the offense and himself becomes a co-
principal, in entrapment ways and means are resorted to
for the purpose of trapping and capturing the law-
breakers in the execution of his criminal plan.
Entrapment is no bar to the prosecution and conviction of
the lawbreaker. But when there is instigation, the
accused must be acquitted.

(14) Ordinary mitigating and privileged mitigating
circumstances, distinguished.
An ordinary mitigating circumstance is susceptible of

being offset by any aggravating circumstance; while a
privileged mitigating circumstance cannot be offset by
aggravating circumstance.
Ordinary mitigating, if not offset by an aggravating

circumstance, produces only the effect of applying the
penalty provided by law in its minimum period; whereas,
privileged mitigating produces the effect of imposing
upon the offender the penalty lower by one or two degrees
that that provided by law.
(15) Qualifying aggravating circumstance distinguished

from generic aggravating circumstance.
The effect of a generic aggravating circumstance, not

offset by any mitigating circumstance, is to increase the
penalty which should be imposed upon the accused to the
maximum period, but without exceeding the limit
prescribed by law; while that of a qualifying
circumstance is not only to give the crime its proper and
exclusive name but also to place the author thereof in
such a situation as to deserve no other penalty than that
specifically prescribed by law for said crime.
A qualifying aggravating circumstance cannot be offset by
a mitigating circumstance; a generic aggravating
circumstance may be compensated by a mitigating
circumstance.
A qualifying aggravating circumstance to be appreciated
must be allege in the information If it is not alleged,
it becomes a generic aggravating circumstance only.
(16) With the aid of armed men distinguished from by a

band.
By a band requires that at least four armed

malefactors shall have acted together in the commission
of an offense. Aid of armed men is present even if the
principal offender merely relied on their aid, for actual
aid not necessary.
(17) Recidivism and reiteracion, distinguished.
The circumstance of reiteracion may be distinguished

from recidivism in the following ways:
In reiteracion, it is necessary that the offender shall
have served his sentence; whereas, in recidivism it is

enough that a final judgement has been rendered.
In reiteracion, the previous and subsequent offenses must
not be defined in the sae title of the RPC; whereas,
recidivism requires that the offenses be included in the
sae title of the Code.
Reiteracion is not always an aggravating circumstance;
whereas, recidivism is always o be taken into
consideration in fixing the penalty to be imposed upon
the accused.
(18) Amnesty and pardon, distinguished.
Pardon includes any crime and is exercise individually by

the President; amnesty is a blanket pardon granted o
classes of persons or communities who may be guilty of
political offenses.
Pardon is exercised when the person is already convicted;
amnesty may be exercised even before trial or
investigation is had.
Pardon looks forward and relieves the offender from the
consequences of an offense of which he has been
convicted, that is, it abolishes or forgives the
punishment, and for that reason it does not work the
restoration of the rights o hold public office or the
right of suffrage, unless such rights be expressly
restored by the terms of the pardon. On the other hand,
amnesty looks backward and abolishes and puts oblivion
the offense itself; it so overlooks and obliterates the
offense with which he is charged that the person released
by amnesty stands before the law precisely as though he
had committed no offense.
Both do not extinguish the civil liability of the
offender.
Pardon, being a private act of the President, must be
pleaded and proved by the person pardoned; while amnesty
being by Proclamation of the Chief executive with the
concurrence of Congress is a public act of which he
courts should take judicial notice.
(19) Conditional pardon distinguished from parole.
Conditional pardon, which may be given at any time after

final judgement is granted by the Chief Executive under
the provisions of the Administrative Code; parole, which
may be given after the prisoner has served the minimum
penalty, is granted by the Board of Pardons and Parole
under the provision of the Indeterminate Sentence Law.
For violation of the conditional pardon, the convict may

be ordered rearrested or reincarcerated by the chief
executive, or may be prosecuted under he RPC; for

violation of the terms of the parole, the convict cannot
be prosecuted under the RPC. He can be rearrested and
incarcerated to serve the unserved portion of his
original penalty.
(20) Illegal association, distinguished from illegal

assembly.
In illegal assembly, it is necessary that there is an

actual meeting or assembly of armed persons for the
purpose of committing any o the rimes punishable under
the PRC, or of individuals who, although not armed, are
incited to the commission of treason, rebellion,
sedition, or assault upon a person in authority or his
agent.
Such requisite is not necessary in the crime of illegal
association.
In illegal assembly, it is the meeting and attendance at
such meeting that are punished.
In illegal associations, it is ha act of forming or
organising and membership of the association that are
punished.
If the purpose of the meeting is to commit crimes
punishable by special laws, such meeting is not an
illegal assembly.
In illegal association, the purpose may include the
commission of crimes punishable by special laws, because
when the purpose of the organization is contrary to
public morals the acts which are contrary to public
morals may constitute crimes punishable under the special
laws.
(21) Prevaricacion, distinguished from bribery.
The third form of direct bribery is committed by

refraining from doing something which pertains to the
official duty of the officer. Prevaricacion is committed
in the same way.
In this regard, the two felonies are similar.
But they differ in that in bribery the offender
refrained from doing his official duty in consideration
of a gift received or promised. This element is not
necessary in the rime of prevaricacion.
(22) Direct bribery, distinguished from indirect bribery.
In both, the public officer receives gift.

While in direct bribery there is an agreement between the
public officer and the giver of the gift or present, in
indirect bribery usually no such agreement exists.
In direct bribery, the offender agrees to perform or

performs an act or refrains from doing something, because
of the gift or promise; in indirect bribery, it is not
necessary that the officer should do any particular act
or even promise to do an act, as it is enough that e
accepts gifts by reason of his office.
(23) Brigandage, distinguished from robbery in band.
Both brigandage and robbery in band require that the

offenders form a band of robbers.
In brigandage, the purpose of the offenders is any of

the following:
to commit robbery in the highway, or

to kidnap persons for the purpose of extortion or to
obtain ransom, or
for any other purpose to be attained by means of force
and violence; in robbery in band, the purpose of the
offenders is only to commit a particular robbery not
necessarily in the highway.
If the agreement among more than three (3) armed men was
to commit only a particular robbery, the offense is not
brigandage, but only robbery in band.
In brigandage, the mere formation of a band for any of

the purposes mentioned in the law is sufficient as it
would not be necessary to show that the band actually
committed robbery in the highway, etc.; in robbery in
band, it is necessary to prove that the band actually
committed robbery, as a mere conspiracy to commit robbery
is not punishable
(24) Imprudence distinguished from negligence.
Imprudence indicates a deficiency of action,

negligence indicates a deficiency of perception.
Hence, failure in precaution is termed imprudence.
Failure in advertence is known as negligence.
The wrongful acts may be avoided on two levels:

by paying proper attention and using due diligence in
foreseeing them, and
by taking the necessary precaution once they are
foreseen.

Failure to do the first is negligence. Failure o do the

second is imprudence.
(25) Forcible abduction with rape, distinguished from

kidnapping.
A, B, C and others grabbed a girl, 16 years of age and

then dragged her to a nearby forest. There she was
brutally ravished, first by A and afterwards by B. Are
they guilty of kidnapping with rape?
Held: The crime is not kidnapping with rape, but forcible

abduction with rape. When the violent taking of a woman
is motivated by lewd designs, forcible abduction is the
offense. When it is not so motivated, such taking
constitutes kidnapping. Forcible abduction is against
chastity; kidnapping is against personal liberty.
CASES
A entered the house of B through the window and once

inside took money and jewelry belonging to B after
intimidating him with a pistol. What kind of robbery was
committed by A? Why?
Answer: A committed a complex crime of Robbery with Force

Upon Things with Robbery with Intimidation. This is in
accordance with the ruling laid down by the Supreme Court
in the case of Napoles versus Court of Appeals.
A broke the wooden gate of the stone wall around the

premises of B and once inside took from the yard of B
building materials, which were lying there. What crime
was committed by A? Explain with reasons.
Answer: Theft, because although he broke open the gate,

he did not enter the house with force upon things. He
entered the yard only.
A removed the radio of B from the car of the latter and

began to leave the place. On the way, B met A and, having
recognized the radio, B asked A where he had gotten it;
but A drew out and opened his knife and threatened to
kill B. What crime or crimes were committed by A? Explain
your answer.

Answer: A committed two distinct and separate crimes of

Theft and Grave Threats. To constitute robbery with
violence against or intimidation of persons, the taking
of personal property belonging to another with intent to
gain must be accomplished because of violence or
intimidation. In this case, the taking of the radio was
complete and, hence, the crime of theft was already
consummated when the offended party was intimidated. The
threat to kill B made by A is not a constitutive element
of robbery because the violence or intimidation must be
employed before the taking of personal property belonging
to another is complete.
A pointed his knife at B and demanded for his money, and

B pulled his wallet from his pocket and handed it to A
who took hold of it, but a policemen suddenly appeared,
collared A, and placed him under arrest. What crime did A
commit? Explain your answer.
Answer: The crime committed by A is consummated robbery

with intimidation.
While a woman was walking along Session Road, a man

following her suddenly snatched her handbag and ran away
with it. What crime was committed by that man? Explain
your answer.
Answer: The man committed the crime of theft, not robbery

with violence against persons, because mere snatching of
personal property from the hand of the offended party,
although violence is used, it is not used on the person
of the offended party, but on the thing taken. It is a
rule that to constitute robbery with violence against
persons, the violence must be on the person of the
offended party, not upon the thing taken.
While A was looking for his lost pig, he happened to pass

by the house of B and saw under the latter’s house a pig.
A told B that that was his lost pig, but B said that that
pig belonged to him. A unsheathed his bolo and threatened
B with bodily harm, unless the latter would give to him
the pig. Afraid that he might be injured, B gave the pig
to A. A was prosecuted for robbery with intimidation.
During the trial it was established by the prosecution
that the pig really belonged to B and that it was not the
lost pig of A. If you were the judge, would you convict
or acquit A? In case you decide to convict him, of what
crime will you find him guilty?

Answer: Since A believed in good faith that the pig was
his, even if his claim later on appeared to be untenable,
there being no intent to gain on his part, he should be
found guilty of grave coercion and not robbery with
intimidation. One of the elements of robbery is that the
offender took the personal property belonging to another
with intent to gain.
What crime is committed by several persons, who, by means

of intimidation used against the owner of a small house,
succeeded in removing that small house from the lot of
the owner and carried said house to the lot of one of the
offenders? Explain your answer.
Answer: The crime is robbery with intimidation. Although

a house may be considered as real property when attached
to the ground, the moment it is removed from the ground
and carried away it ceases to be a real property and
becomes personal property. One of the elements of robbery
is that the property taken is personal property belonging
to another.
A help-up B at the point of a revolver and succeeded in

taking the watch from B. When he reached home, A found
that the watch he had taken from B was his own property
which he had lost a week before. What crime was committed
by A?
Answer: A committed grave coercion, because he compelled

B to do something against his will by means of
intimidation. While it is true that A had intent to gain
and that ordinarily in coercion the offender should not
act with intent to gain, the crime committed by A is not
robbery with intimidation, because one of the elements of
robbery is that the personal property must belong to
another. Since the property belonged to him, A cannot be
guilty of robbery, as no one can be held liable for
robbery of his own property. This is not an impossible
crime where the act performed would have been an offense
against persons or property, because when the act
performed also constitutes a violation of another
provision of the RPC, impossible crime cannot exist.
It is submitted that A is not liable for grave
threats, because the intimidation produced immediate
effect.

A passer-by noticed three persons inside the house of
another taking personal property. The passer-by asked
them why they were there. One of them shot and killed
him. What crime was committed? Why?
Answer: The crime committed is robbery with homicide,

because the homicide was committed by reason of the
robbery, that is, to do away with a witness.
Would it be robbery with homicide if a robber killed his

companion, another robber, on the occasion or by reason
of the robbery? Why?
Answer: Yes, because in robbery with homicide, it is only

the result, without reference or distinction as to the
persons intervening in the commission of the crime that
must be taken into consideration.
…oΩo…

Lesson 1 Introduction To Criminal Law

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CLJ 3 Nor-Alissa M.

LESSON 1 INTRODUCTION TO CRIMINAL LAW

1. Define Criminal law

Criminal Law is that branch or division of law which

Crime is an act committed or omitted in violation of a

Sources of Philippine Criminal law

Question - Are there any Common Law rules in the

Limitations on the power of the lawmaking body to enact

Criminal Law Book One (S.Y. 2020-2021) 10

1. No ex post facto law or bill of attainder shall be

Characteristics of Criminal Law

1. GENERAL - in that Criminal law is binding on all

Civil courts have concurrent jurisdiction with general

 Civil courts have jurisdiction over murder cases

Construction of Penal laws

1. Penal laws are strictly construed against the

2. In the construction or interpretation of the

Criminal Law Book One (S.Y. 2020-2021) 11

Question - Why is it important to know the Spanish text

Other cases of incorrect translation of the Spanish text

Criminal Law Book One (S.Y. 2020-2021) 12

ASSESSMENT NO. 1 SELF-EVALUATION

1. Why do you need to study Criminal law as an

2. Discuss the two limitations on the power of the

Criminal Law Book One (S.Y. 2020-2021) 13

1. Discuss the application of its provision

ARTICLE 1. TIME WHEN ACTS TAKES EFFECT

When did the Revised Penal Code take effect?

The Revised Penal Code took effect on January 1, 1932

Characteristics of Criminal Law

Criminal Law has three main characteristics, namely (1)

It has General application because Criminal Law is

Art. 14 of the Civil Code provide that penal laws shall

Exceptions to the General Application of Criminal Law

The opening sentence of Art. 2 of the Revised Penal Code

Criminal Law Book One (S.Y. 2020-2021) 14

Art. 14 of the Revised Penal Code provides that penal

Treaty or Treaty Stipulations

An example of treaty or treaty stipulation, as an

Law on Preferential Application

Republic Act No. 75 may be considered a law of

The law does not apply when the foreign country

Principles of Public International Law

Persons exempt from the operations of our criminal

It is well established principle of international

Criminal Law Book One (S.Y. 2020-2021) 15

A consul is not entitled to the privileges and

It is Territorial, in that criminal law undertakes to

Art. 2 of the Revised Penal Code states that the

Extent of Philippine Territory for Purposes of Criminal

Art. 2 of the Revised Penal Code provide that the

Art. 1 of the 1987 Constitution provides as follows:

Exceptions to the Territorial Application of Criminal Law

Art. 2 of the Revise penal Code provides:

Criminal Law Book One (S.Y. 2020-2021) 16

1. Should commit an offense while on a Philippine ship

C. Prospective of Criminal Laws

It is Prospective, in that a penal law cannot make an act

Exception to the Prospective Application of Criminal Laws