Article 3. Definitions. - Acts and omissions punishable by law are felonies (delitos). 5.

5. Any person who acts in the fulfillment of a duty or in the lawful exercise
of a right or office.
Felonies are committed not only be means of deceit (dolo) but also by means of
fault (culpa). 6. Any person who acts in obedience to an order issued by a superior for
some lawful purpose.
There is deceit when the act is performed with deliberate intent and there is fault
when the wrongful act results from imprudence, negligence, lack of foresight, or Indeterminate Sentence Law does not apply when the penalty imposed is less than
lack of skill. one year (Sec. 2, Art. 4103, as amended).
Article 4. Criminal liability. - Criminal liability shall be incurred: The Indeterminate Sentence Law is applicable even to special laws. Since life
imprisonment was converted into reclusion perpetua, which in turn was graduated
1. By any person committing a felony (delito) although the wrongful act done be to reclusion temporal, the Indeterminate Sentence Law is applicable (People v.
different from that which he intended. Montalaba, G.R. No. 186227, July 20, 2011).
2. By any person performing an act which would be an offense against persons or Community service is "any actual physical activity which inculcates civic
property, were it not for the inherent impossibility of its accomplishment or an consciousness and is intended towards the improvement of a public work or
account of the employment of inadequate or ineffectual means. promotion of a public service."
Article 10. Offenses not subject to the provisions of this Code. - Offenses which are The Community Service must observe the following guidelines:
or in the future may be punishable under special laws are not subject to the
provisions of this Code. This Code shall be supplementary to such laws, unless the 1. It must be served in the place where the crime was committed;
latter should specially provide the contrary. 2. The number of hours ordered by the courts must be completed within the
period likewise prescribed by the courts;
Article 11. Justifying circumstances. - The following do not incur any criminal liability: 3. The person sentenced must undergo rehabilitative counselling under the
1. Anyone who acts in defense of his person or rights, provided that the Social Welfare and Development Officer of the city or municipality where
following circumstances concur; the crime was committed; and
4. The person rendering community service must be under the supervision of
First. Unlawful aggression. a probation officer.
Second. Reasonable necessity of the means employed to Republic Act 11362 or the Community Service Act (CSA) allows courts, in the
prevent or repel it. exercise of their discretion, to require community service and rehabilitative
counselling in lieu of jail time were the penalties imposed are arresto mayor
Third. Lack of sufficient provocation on the part of the person
(imprisonment from one (1) month and one (1) day to six (6) months) and arresto
defending himself.
menor (imprisonment from one (1) to thirty (30) days).
2. Any one who acts in defense of the person or rights of his spouse,
Extinction of Criminal Liability
ascendants, descendants, or legitimate, natural or adopted brothers or
sisters, or his relatives by affinity in the same degrees and those ✓ Total Extinction
consanguinity within the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding circumstance are Death of Convict – in any proceedings; civil liability extinguishes before final
present, and the further requisite, in case the revocation was given by the judgment.
person attacked, that the one making defense had no part therein. Amnesty
3. Anyone who acts in defense of the person or rights of a stranger, Prescription of Crimes
provided that the first and second requisites mentioned in the first
circumstance of this Article are present and that the person defending be Probation – the benefits of probation shall not be extended to those sentenced to serve a maximum
not induced by revenge, resentment, or other evil motive. term of imprisonment of more than 6 years.

No application for probation shall be entertained or granted if the defendant has perfected the appeal
4. Any person who, in order to avoid an evil or injury, does not act which from the judgment of conviction. However, when a judgment of conviction imposing a non-probationable
causes damage to another, provided that the following requisites are penalty is appealed or reviewed, and such judgment is modified through the imposition of a probationable
present; penalty, the defendant shall be allowed to apply for probation based on the modified decision before such
decision becomes final. (Section 4 of PD 968, as amended by RA 10707)
First. That the evil sought to be avoided actually exists; Note: “Any person convicted for drug trafficking or pushing under this Act, regardless of the penalty
imposed by the court, cannot avail of the privilege granted by the Probation Law or Presidential Decree
Second. That the injury feared be greater than that done to No. 968, as amended.”
avoid it;
The period of probation shall not be less than twice the total number of days of subsidiary imprisonment
Third. That there be no other practical and less harmful means of Probation is not coterminous with its period. There must first be issued by the court an order of final
preventing it. discharge based on the report and recommendation of the probation officer. Only then can the case of
the probationer be terminated. (Bala v. Martinez, G.R. No. 67301, January 29, 1990, citing Sec. 16 of P.D. No.
968)
 Pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such Here, the act of the husband in ceasing to provide for his child's tuition and his
rights be expressly restored by the terms of the pardon.
wife's support is Economic abuse punished under RA 9262.
An application for probation even if he filed a notice of appeal. Section 42 of R.A. No. 9344 provides that
“The court may, after it shall have been convicted and sentenced a child in conflict with the law, and upon Cycle of Violence – has three phases: (1) the tension-building phase; (2) the acute
application at any time, place the child on probation in lieu of service of his/her sentence taking into battering incident; and (3) the tranquil, loving (or, at least, nonviolent) phase.
account the best interest of the child.” The said section also provides that the Probation Law is amended
accordingly. The phrase “at any time” mentioned in Section 42 means the child in conflict with the law may
During the tension-building phase, minor battering occurs-it could be verbal or
file application for probation at any time, even beyond the period for perfecting an appeal and even if the
child has perfected the appeal from the judgment of conviction. slight physical abuse or another form of hostile behavior. The woman tries to pacify
the batterer through a kind, nurturing behavior; or by simply staying out of his way.
If probation is not allowed by the court, the minor shall serve his sentence in an agricultural camp or other
training facility in accordance with Section 51 of No. 9344. The acute battering incident is characterized by brutality, destructiveness and,
sometimes, death. The battered woman deems this incident as unpredictable, yet
✓ Partial Extinction also inevitable. During this phase, she has no control; only the batterer may put an
end to the violence. The final phase of the cycle of violence begins when the
Conditional Pardon
acute battering incident ends. During this tranquil period, the couple experience
Pardon v. Amnesty (E.g., Can run for Senate or Public Office? It depends.) profound relief.

Pardon looks forward and relieves the offender from consequences of an offense “Battered Woman Syndrome” refers to a scientifically defined pattern of
of which he has been convicted, that is, it abolishes or forgives the punishment, psychological and behavioral symptoms found in women living in battering
and for that, reason it does not work the restoration of the rights to hold public relationships as a result of “cumulative abuse”
office or the rights to hold public office or the right of suffrage, unless such rights to
E.g., Is "battered woman's syndrome" defense meritorious?
hold public office or the rights be expressly restored by the terms of the pardon.
Yes. The defense of Battered Woman Syndrome can be invoked if the woman in
On the other hand, amnesty looks backward and abolishes and puts into oblivion
marital relationship with the victim is subjected to cumulative abuse or battery
the offense itself; it so overlooks and obliterates the offense with which he is
involving the infliction of physical harm resulting to the physical and psychological
charged that the person released by amnesty stands before the law precisely as
or emotional distress. In sum, there must be “at least two battering episodes”
though he had committed no offense.
between the accused and her intimate partner and such final episode produced
Quasi-Offenses in the battered person’s mind an actual fear of an imminent harm from her batterer
and an honest belief that she needed to use force in order to save her life (People
E.g., Reckless imprudence resulting to falsification of public documents. Mayor v. Genosa, G.R. No. 135981, January 15, 2004).
Medalle signed the PDS of his handsome Secretary Clark who did not indicate in
the PDS that he has prior conviction for raping the Hollywood actress named Ave. It is a settled principle that for the Battered Woman Syndrome to be successfully
Here, Medalle was not the one who erroneously filled up the form. However, invoked, there should at least be two (2) cycles of violence.
through negligence, she signed the form without checking for its veracity. Thus,
Juvenile Justice and Welfare Act
Medalle is guilty of reckless imprudence resulting to falsification of public
documents. (People v. Sevilla) Republic Act 9344 provides that a child over fifteen (15) and under eighteen (18)
years of age will be criminally liable if he acted with discernment at the time of the
In the case of Ivler v. Modesto, the SC has ruled that prosecutions under Article365
commission of the offense. If he acted without discernment, the minor will not be
should proceed from a SINGLE charge regardless of the number or severity of the
liable.
consequences. In other words, for example, one count of Reckless Imprudence,
resulting in Homicide, Serious Physical Injuries, and Damage to property. Discernment is defined as the mental capacity of a minor to fully appreciate the
consequences of his unlawful act. It may be shown by the manner the crime was
Note: If you are the Prosecutor, “AYAW” patakag charge, “AYAW” i.lahi-lahi. =]
committed.
Anti-Violence Against Women and Their Children Act of 2004 (Physical and
Economic Abuse)
E.g., Uploading nude pictures as the result of the refusal to reconcile with his lover.
"Psychological violence" refers to acts or omissions causing or likely to cause mental
or emotional suffering of the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule or humiliation, repeated
verbal abuse and marital infidelity. Here, the act of Jon in uploading nude pictures
and videos of Pilar intended to humiliate Pilar as the latter refused to reconcile with
him. Thus, Jon committed psychological violence under RA No. 9262.
E.g., Failure to provide child’s tuition and wife’s support
Economic abuse refers to acts that make or attempt to make a woman financially
dependent which includes withdrawal of financial support.