THE REVISED PENAL CODE

BOOK 1
A Lecture Presentation
Prepared By
Pros. CONRADO BEREX VILLAMOR CATRAL, Jr.

Professor, Criminal Law, SLU College of Law

Bar Reviewer in Criminal Law, Powerhaus Review Center
Author, The Revised Penal Code: A Revolutionized Edition
CRIMINAL L A W , defined.

It is that branch or division of municipal law

which defines crimes, treats of their nature,
and provides for their punishment.

A crime is an act or omission which is

punishable under the law.
If the crime is punished by the Revised Penal
Code, it is called a felony.
If it is a violation of a Special Law, it is called
an
offense.
If it is punished by an Ordinance, it is referred to
as an Infraction of an Ordinance.
Nature of Criminal Law:
1. SUBSTANTIVE LAW: It defines the
State’s right to inflict punishment and the
liability of the offenders.
Under its police power, the State is justified
in punishing crimes in order to administer
justice. The State has an existence of its
own to maintain, a conscience to assert, and
moral principles to be vindicated. Penal
justice rests primarily on the moral
rightfulness of the punishment imposed.
(Albert)
2. PUBLIC LAW: It deals with the relation
of the individual with the state.
 GENERAL RULE: The power to define and
punish an act as a crime is vested with
the legislative body of government.

By way of exception to the principle of non-

delegation of legislative powers, the
power may be delegated to the Chief
Executive in cases of extreme national
emergency, as provided under Section
23, par. 2, Article VI of the 1987
Philippine Constitution.
CONSTITUTIONAL LIMITATIONS on the passage of
PENAL LAWS

1. That Congress cannot pass an ex post facto law or a bill of

attainder. (Section 22, Article III, 1987 Philippine
Constitution)
• An ex post facto law is one which:
– Makes criminal an act done before the passage of the law and
which
was innocent when done, and punishes such an act.
– Aggravates a crime, or makes it greater than it was, when
committed.
– Changes the punishment and inflicts a greater punishment than the law
annexed to the crime when committed.
– Alters the legal rules on evidence, and authorizes conviction upon less
or different testimony than the law required at the time of the
commission of the offense.
– Assumes to regulate civil rights and remedies only but in effect imposes
penalty or deprivation of a right for something which when done was
lawful
– Deprives a person accused of a crime of some lawful protection to
which he has become entitled, such as the protection of a proclamation
of amnesty.
• BILL OF ATTAINDER. It is a legislative act which inflicts
punishment without the benefit of a judicial trial. Its essence is
OTHER CONSTITUTIONAL LIMITATIONS:

2. Penal laws must be general in application.

Otherwise, it would violate the equal
protection clause of the constitution.

3. Congress cannot provide for a cruel,

degrading or inhuman punishment
nor can it impose excessive fines.
(Section 19, Art. III, 1987 Philippine
Constitution)
CHARACTERISTICS OF CRIMINAL LAW
I. GENERALITY:
―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.‖ (Article 14, New Civil
Code)
EXCEPTIONS:
1. It does NOT apply to cases covered
by the principles of public international
law.
Members of the diplomatic corps of a
country who enjoy criminal immunity:
– Sovereigns and other chiefs/ heads of
state.
– Ambassadors,
– ministers plenipotentiary, ministers resident,
– charges d’ affaires and
– attaches

2. Cases covered by treaty or

treaty stipulations

3. Cases covered by Laws of

Preferential Application
II. TERRITORIALITY
Penal laws take effect only within the limits of
Philippine territory. It cannot penalize a crime committed
outside the country, even if the same be committed by any
of its citizens.
The Philippine Territory is encompassed by the
provisions of Article I of the 1987 Philippine Constitution
defining the National Territory.
In this vein, the Philippines adopts the
Archipelagic Doctrine – which mandates the outlining of
imaginary lines starting from the lowest water mark and
connecting the outermost portions of the territory – in
defining the limits of the National Territory.
The entire archipelago is regarded as one
integrated
unit instead of being fragmented into so many
Composition of the National Territory:
1.TERRITORIAL JURISDICTION:
The jurisdiction exercised by a
country over bodies of land, as
defined in the constitution.
2.FLUVIAL JURISDICTION: The
jurisdiction over maritime and interior or
internal waters.
3.AERIAL JURISDICTION: The
jurisdiction over the atmosphere.
By Article 2 of the Revised Penal Code, our Penal laws may
also apply outside of Philippine Territory against those
who:

(a) Should commit an offense while on a Philippine ship or

airship;
If a crime is committed on board a foreign vessel and it
is a merchant vessel, there are two rules as to
jurisdiction:
1.The FRENCH RULE which states that crimes
committed on board a foreign merchant vessel while on
the waters of another country are not triable in that
country unless these affect the peace and security or the
safety of the state is endangered;
2.The ENGLISH RULE which provides that such crimes
are triable in that country unless they merely affect the
internal management of the vessel.
Our country adheres to the English Rule.
Nonetheless, we must also consider the provisions of
Section 15, Rule 110 of the 2000 Rules on Criminal
Procedure which provides:
a.The criminal action is instituted and tried in the court of
the municipality or territory where the offense was
committed or any of its essential ingredients occurred;
b.Where the crime is committed in a train, aircraft or other
private or public vehicle in the course of its trip, the
criminal action is instituted at the municipality or territory
where the same passed during its trip, including the place
of departure and arrival;
c.Where the crime is committed on board a vessel while
in the course of its voyage, the criminal action shall be
instituted in the Court of first port of entry or of any
municipality or territory where the vessel passed during the
voyage, subject to the generally accepted principles of
international law and
d.Crimes under Article 2 of the Revised Penal Code are
cognizable by the Court where the criminal action is filed.
(b) Should forge or counterfeit any coin or currency
note of the Philippines or obligations and securities
issued by the Government of the Philippines;
(c) Should be liable for acts connected with the
introduction into the Philippines of the obligations and
securities mentioned in the preceding number;
(d) While being public officers or employees, should
commit an offense in the exercise of their functions; or
(e) Should commit any of the crimes against national
security and the law of nations, defined in Title One of
Book two of the revised Penal Code.

• The underlying reasons behind these five (5) instances

are:
(a)To preserve the territorial integrity of the
Philippines; (b) To preserve the economic integrity
of the country; (c) To preserve the integrity of
Philippine public administration and (d) To maintain
the continuity & integrity of the State.
III. IRRETROSPECTIVITY
OR PROSPECTIVITY
―Laws shall have no retroactive
effect, unless the contrary is
provided‖. (Article 4, New Civil
Code)
This characteristic provides that the law does not
have any retroactive effect, except if it favors the
offender, unless he is a habitual delinquent.
(Article 22, Revised Penal Code). This rule also
applies to administrative rulings and circulars
(ABS CBN vs CTA 108 SCRA 142).
EXCEPTION: Whenever a new statute dealing
with the crime establishes conditions more
lenient or favorable to the accused, it can be
given a retroactive effect.
EXCEPTION to the EXCEPTION:
• Where the new law is expressly made
inapplicable to pending actions or existing
causes of action.
• Where the offender is a habitual
delinquent.
A habitual delinquent is one who, within a period
of ten years from the date of his last conviction
or last release of any of the following crimes:
robbery (robo), theft (hurto), estafa or
swindling, falsification, serious and less
serious physical injuries, is found
guilty of any of the said crimes a third time or
HOW PENAL LAWS ARE CONSTRUED:
• PRO REO: Penal Laws are liberally construed
in favor of the offender.
• Penal laws are construed strictly against the
state, but only when the law is ambiguous
and there are doubts as to its proper
interpretation (People vs. Gatchalian, 104
Phil 664)
• In case of conflict between the English Text and
the Spanish Text in the construction, the latter
text prevails
 EQUIPOISE RULE: When the evidence
presented in court is susceptible of two
interpretations, one consistent with innocence
and the other with guilt, the same should be
resolved in favor of the accused. (Corpus vs.
People, 194 SCRA 73).
SCHOOLS OF THOUGHT IN CRIMINAL LAW

CLASSICAL SCHOOL:
1. The basis of criminal liability is human free will
and the purpose of the penalty is retribution
2. That man is essentially a moral creature with an
absolute 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.
POSITIVIST SCHOOL:
3. That man is subdued occasionally by a strange and
morbid phenomenon which constrains him to do
wrong in spite of, or contrary to his volition.
4. That crime is essentially a social and natural
phenomenon, and as such, it cannot be treated and
checked by the application of abstract principles
of law and jurisprudence nor by the imposition of
a punishment.
 FELONIES

Art. 3. Definitions. – Acts and

omissions punishable by law are felonies
(delitos).

Felonies are committed not only by means of

deceit (dolo) but also by means of fault
(culpa).
There is deceit when the act is performed
with deliberate intent; and there is fault
when the wrongful act results from
imprudence, negligence, lack of foresight, or
lack of skill.
Elements of Felonies, in general:
1. There must be an act or omission.
An ACT is a bodily movement tending
to produce some effect in the external
world.
An OMISSION purportsinaction – the
failure to perform a positive duty which
one is obliged by law to do.
2. The act or omission is punishable
by the Revised Penal Code.
3. It is committed by means of dolo
or
culpa.
Certain omissions which are punishable
under the Revised Penal Code, to wit:
1. Misprision of Treason (Art. 116)
2. Abandonment of persons in danger (Art.
275)
3. Illegal Exactions (Arts. 213, par. 2) –
Failing voluntarily to issue a receipt, as
provided by law, for any sum of money
collected by him officially.
4. Failure of Accountable Officer to
render Accounts (Art. 218)
5. Failure of a responsible public officer to
render accounts before leaving the country
(Art. 219)
6. Failure to make delivery of public funds
or property (Art. 221)
Classification of felonies according to the
means they are committed:

1. INTENTIONAL FELONIES:
In this class of felony, the offender has the
intention to do or cause an injury to another.
Felonies by dolo are thus characterized by the
presence of malice in its commission.
2. CULPABLE FELONIES:
In this class, a person causes an injury, without
intent to cause an evil. Felonies by culpa
are characterized by the absence of malice.
Culpa can either arise from:
a. IMPRUDENCE:
This imports a deficiency of action –
that a person fails to take the necessary
precaution to avoid injury or damage. It
arises because of one’s lack of skill.
b. NEGLIGENCE:
This imports a deficiency of
perception
– there is a failure to pay proper attention
and to use diligence in foreseeing the
injury or damage impending to be caused.
It arises because of a lack of foresight.
 Requisites of Dolo:
1. Criminal INTENT on the part of the offender.
INTENT is the purpose to use a particular means to
effect a result.
Generally, Intent is presumed from the commission
of
an unlawful act.
2. FREEDOM of action in doing the act on the part of
the offender.
One who acts without freedom is no longer a human
being but a tool. Thus, if one acts under the
compulsion of an irresistible force or because of an
uncontrollable fear is criminally exempt under Art. 12,
Section 5.
3. INTELLIGENCE on the part of the offender in
doing the act.
One without intelligence necessarily does not have the
 Criminal intent is presumed from the
commission of an unlawful act, but not from
the proof of the commission of an act which is
not unlawful.

• “Actus non facit reum nisi mens sit rea”.

The act itself does not make a man guilty
unless his intention were so.
• “Actus me invito factus non est
meus actus”.
An act done by me against my will is not
my act.
 Criminal Intent can be categorized
into two:

1. General Criminal Intent:

This is presumed from the mere doing of a
wrong act. So this does not require proof, the
burden is upon the wrongdoer to prove that he
acted without such criminal intent.

2. Specific Criminal Intent:

This is not presumed because it is an ingredient or
element of a crime, like intent to kill in the crimes of
attempted or frustrated homicide/parricide/murder or
intent to gain in Robbery or Theft.
The prosecution has the onus probandi.
INTENT distinguished from MOTIVE:
INTENT MOTIVE
Purpose to use a Reason/ moving
particular means to power which impels
bring about a desired one to action for a
result (not a state of definite result
mind, not a reason for
committing a crime) When there is motive
If intentional, a crime in the commission of
cannot be committed a crime, it always
without intent. Intent is comes before intent.
sometimes manifested But it is not an
by the instrument used essential element of
by the offender. a crime.
 Motive, when relevant:
1. When the identity of the accused is in dispute
2. For purposes of defense
3. In determining the sanity of the accused
4. In indirect assault (Art. 249)
5.When there are no eyewitnesses and
suspicion is likely to fall on a number of suspects
6. In defense of strangers (Art. 11, par. 3)
7. When the evidence is circumstantial.
8.When there are two antagonistic versions
of the killing.
When motive not necessary:
9. The identity is known/ positive identification.
10.Where the accused admits the crime.
 MISTAKE OF FACT:

• Misapprehension of fact on the part of the person who

caused injury to another. He is not, however, criminally
liable because he did not act with criminal intent.
• Ignorantia facti excusat.

• Requisites of mistake of fact as a defense:

a. The act done would have been lawful had the
facts
been as the accused believed them to be.
b. The intention of the accused in performing the act
is lawful.
c. The mistake was without fault or carelessness on
the part of the accused.

Case: People vs. Ah Chong, 15 Phil 488.

Contrasted with People vs. Oanis 74 Phil 257:
Requisites of Culpa:
1. Criminal NEGLIGENCE on the part of
the offender — The crime was the result
of negligence, reckless imprudence, lack
of foresight, or lack of skill.

2. FREEDOM of action in doing the act —

He did not act under duress.

3. INTELLIGENCE on the part of the

offender in performing the negligent act.
MALA IN SE and MALA PROHIBITA,
distinguished:
MALA IN SE:
1. Criminal liability is based on the moral trait of the
offender, thus, liability would only arise when
there is dolo or culpa in the commission of the
punishable act.
2. Good faith or lack of criminal intent is a valid defense,
unless the crime is the result of culpa.
3. The degree of accomplishment of the crime is taken
into account in punishing the offender. Thus, there
are attempted, frustrated, and consummated stages in
the commission of a crime.
4. When there is more than one offender, the
degree of participation of each in the commission of
the crime is taken into account in imposing the
penalty. Thus
offenders are classified as principals, accomplice, and
accessory.
MALA PROHIBITA
1. The moral trait of the offender is not
considered. It is enough that the prohibited
act be voluntarily done.
2. Good faith is not a defense.
3. The act gives rise to a crime only when it is
consummated.
4. Mitigating and aggravating circumstances are
not taken into account in imposing the
penalty, because the moral trait of the
offender is not considered.
5. The degree of participation of any offender is
not considered.
 HOW CRIMINAL LIABILITY IS INCURRED

Article 4. Criminal liability is incurred:

(a)by any person committing a felony,
although the wrongful act be different
from that intended;
(b)by any person committing any 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 means.
Three situations covered by Article 4, paragraph 1
a. ABERRATIO ICHTUS
(Mistake in the Blow):
The case will be subject to the provisions of
Art. 48 on Complex Crimes.
b. PRAETER INTENTIONEM
(The Blow went beyond the intent):
The offender, though, may be entitled to the
mitigating circumstance of ―lack of intent to
commit so grave a wrong as that committed‖
under paragraph 3 of Article 13.
c. ERROR IN PERSONAE
(Mistake in the Identity of the Victim)
The penalty for the offender will be covered by
the provisions of Article 49 of the Revised
Penal Code.
 Rationale for the Rule in Article 4:
“El que es la causa de la causa es la causa del
mal causado”.
• PROXIMATE CAUSE: That cause which,
in natural and continuous sequence, unbroken
by any efficient supervening cause, produces
the injury and without which
the result would not have occurred. (
Vda. De Bataclan vs. Medina 102 Phil 181)
• A proximate cause is not necessarily the
immediate cause. This may be a cause which
is far and remote from the consequence which
sets into motion other causes which resulted in
the felony.
 When is death presumed to be the natural
consequence of the physical injuries that had
been inflicted:
1.The victim at the time the physical injuries
were inflicted was in good health
2.Death may be expected because of the
physical injuries
3. Death ensued within a reasonable time

However, the injury is NOT the DIRECT,

NATURAL and LOGICAL consequence of the
felony committed (or proximate cause):
• If the consequences produced have
resulted from a DISTINCT ACT or FACT
ABSOLUTELY FOREIGN from the criminal act.
Paragraph 2, Article 4:

IMPOSSIBLE CRIME, defined.

It is an act which would be an offense against person or

property were it not for the inherent impossibility of its
accomplishment or on account of the employment of
inadequate or ineffectual means.

Requisites of an IMPOSSIBLE CRIME:

1.The act performed would be an offense against persons

or property;
2. The act was done with evil intent;
3.Its accomplishment is inherently impossible, or that the
means employed is either inadequate or ineffectual;
4.The act performed should not constitute a violation of
another provision of the Revised Penal Code.
Nature of Impossibility:
• The inherent impossibility contemplated under
Article 4, paragraph 2 is either legal, factual or
physical impossibility.

1. Legal Impossibility
There is legal impossibility if the intended acts,
even if completed, would not amount to a
felony.

2. Factual or Physical Impossibility

There is factual or physical impossibility
where extraneous circumstances unknown to
the actor or beyond his control prevent the
consummation of the intended felony.
(Saturnino Intod vs.
CA et al., 215 SCRA 52).
Article 5. Duty of the court in connection with
acts which should be repressed but which are not
covered by law, and cases of excessive penalties. –
Whenever a court has knowledge of any act which it
may deem proper to repress and which is not punishable
by law, it shall render
the proper decision, and shall report to
the Chief Executive, through the Department of Justice,
the reasons which induce the court to believe
that said act should be made the subject of penal
legislation.

In the same way the court shall submit to the Chief

Executive, through the Department of Justice, such
statement or report as may be deemed proper, without
suspending the execution of the sentence, when a strict
enforcement of the provisions of this code would result
in the imposition of a clearly excessive penalty, taking
into consideration the degree of malice and the injury
caused by the offense.
 STAGES OF
ArticleEXECUTION
6. Consummated, frustrated, and attempted
felonies. – Consummated, as well as those which
are frustrated and attempted are punishable.
A felony is consummated when all the elements
necessary for its execution and accomplishment are
present;
and it is frustrated when the offender performs all
the acts of execution which would produce the
felony as a consequence but which, nevertheless,
do not produce it by reason of causes independent
of the will of the perpetrator.
There is an attempt when the offender commences
the commission of a felony directly by overt acts,
and does not perform all the acts which should
produce the felony by reason of some cause or
accident other than his own spontaneous
desistance.
 Stages in the development of a crime:

1. Internal Acts:
“Cogitationis poenam nemo meretur”. – No man
deserves a punishment for a thought.

2. External Acts:

Included in external acts are:

a. Preparatory Acts:
There are ordinarily NOT punishable, except when
the law provides for their punishment in certain cases.
b. Acts of execution:
These are already punishable under the Revised
Penal Code.
I. ATTEMPTED STAGE:

• There is an attempt when the offender commences

the commission of a felony directly by overt 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.

• OVERT ACTS: These refer to some physical

activity or deed, indicating the intention to commit a
particular crime, more than a mere planning or
preparation, which if carried to its complete
termination following its natural course, without
being frustrated by external obstacles or by voluntary
desistance of the perpetrator, will logically and
necessarily ripen into a concrete offense.
INDETERMINATE OFFENSE: One where the purpose
of the offender in performing an act is NOT certain. Its
nature in relation to its objective is ambiguous.

Important phrases in the Attempted

Stage of a felony:
1.Directly by overt acts: The term
comprehends the fact that the offender
MUST PERSONALLY EXECUTE the
felony
2. Does not perform all the acts of
execution
3. By reason of a CAUSE or
ACCIDENT
 SUBJECTIVE PHASE: That portion of the acts constituting the
crime, starting from the point where the offender BEGINS the
commission of the crime to that point where he has still CONTROL
over his acts, including their natural course.

II. FRUSTRATED FELONY:

The felony is frustrated when the offender performs all the
acts of execution that would produce the felony as a
consequence but the felony is nevertheless not produced
by reason of causes independent of the will of the
perpetrator.
Requisites:
1. The offender performs all acts of execution
2.All acts performed would produce the felony as a
consequence
3. But the felony is not produced
4.By reason of causes independent of the will of the
perpetrator.
CONSUMMATED FELONY:
When all the elements necessary for its
execution and accomplishment
are present.

When not all the elements are proved, the

consequences are:
1. The felony is NOT consummated.
2. The felony is not committed.
3. Another felony is committed.
To determine whether the crime is only attempted,
frustrated or consummated, we should consider:

A: THE NATURE OF THE CRIME:

B.THE ELEMENTS CONSTITUTING THE FELONY:

C: THE MANNER OF COMMITTING THE SAME:

1. FORMAL CRIMES: These are
consummated in one
instant.
2. Crimes consummated by mere attempt or proposal by
overt act
3. Felony by omission
4. Crimes requiring the intervention of two persons to
commit them are consummated by mere agreement,
5. MATERIAL CRIMES: These have three stages
of execution
Article 7. When light felonies are punishable. – Light
felonies are punishable only when they have been
consummated, with the exception of those committed
against persons or property.

The provisions of Article 7 of the Revised Penal

Code must be discussed and interrelated with the
following other provisions of the Revised Penal
Code, viz:
Article 9 – On the Classification of Felonies according
to Gravity
Article 16 – On Persons who are criminally liable for
felonies
Article 25 – On Classification of Penalties
Article 26 – On Classification of Fines
Article 27 – On Duration of Penalties
Article 71 – The Scale for Graduating Penalties by
Degrees
Article 9. Grave felonies, less grave felonies,
and light felonies. – Grave felonies are those
to which the law attaches the capital
punishment or penalties which in any of their
periods are afflictive, in accordance with
article 25 of this Code.
Less grave felonies are those which the law
punishes with penalties which in their
maximum period are correctional, in
accordance with the above-mentioned
article.
Light felonies are those infractions of law for
the commission of which the penalty of
arresto menor or a fine not exceeding 200
pesos or both, is provided.
PERSONS CRIMINALLY LIABLE FOR
FELONIES

Art. 16: Who are criminally liable: The

following are criminally liable for grave and
less grave felonies:
1. Principals
2. Accomplices
3. Accessories

For light felonies:

4. Principals
5. Accomplices
 CLASSIFICATION OF PENALTIES

Art. 25. Penalties which may be imposed. – The penalties which may
be imposed, according to this Code, and their different classes,
are those included in the following SCALE

PRINCIPAL PENALTIES

Capital Punishment:
• Death

Afflictive Penalties:
• Reclusion Perpetua
• Reclusion Temporal
• Perpetual or temporary absolute disqualification
• Perpetual or temporary special disqualification
• Prision mayor

Correccional Penalties:
• Prision correccional
• Arresto Mayor
• Suspension
• Destierro
Light Penalties:
Arresto menor
Public censure

Penalties common to the three preceding

classes:
Fine, and
Bond to keep the peace.

ACCESSORY PENALTIES

• Perpetual or temporary absolute disqualification

• Perpetual or temporary special disqualification
• Suspension from public office, the right to vote and be voted for, the
profession or calling
• Civil interdiction
• Indemnification
• Forfeiture or confiscation of instruments and proceeds of the
offense
• Payment of cost.
 Art. 26. Fine – When afflictive, correctional,
or light penalty.
A fine, whether imposed 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.
A light penalty, if it be less than 200
pesos.

• If the penalty is exactly P 200.00 – light – if the

prescription of the felony is in question.
• It is correctional if the prescription of the penalty
is in question.
 DURATION AND EFFECT OF PENALTIES

Art. 27. Reclusion perpetua. 20 years and 1 day to forty 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 disqualification is imposed as an accessory
penalty, 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, 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 to
cover such period of time as the court may determine.
Art. 70. Successive service of sentence. – When the culprit has to
serve two or more penalties, he shall serve them simultaneously
if the nature of the penalties will so permit; otherwise, the
following rules shall be observed:
In the imposition of the penalties, the order of their respective 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.
For the purpose of applying the provisions of the next succeeding
paragraph, the respective severity of the penalties shall be determined in
accordance with the following scale:
1. Death
2. Reclusion Perpetua
3. Reclusion Temporal
4. Prision Mayor
5. Prision Correccional
6. Arresto Mayor
7. Arresto Menor
8. Destierro
9. Perpetual absolute disqualification
10. Temporal absolute disqualification
11.Suspension from public office, the right to vote and be voted
for, the right to follow profession or calling, and
12. Public censure.
 THE THREE-FOLD RULE
Notwithstanding the provisions of the rule next
preceding, the maximum duration of the convict’s
sentence shall not be more than threefold the length
of time corresponding to the most severe of the
penalties imposed upon him. No other penalty to
which he may be liable shall be inflicted after the
sum of those imposed equals the said maximum
period.
Such maximum period shall in no case exceed forty
years.
In applying the provisions of this rule the duration of
perpetual penalties (pena perpetua) shall be
computed at thirty years. (As amended by Com. Act
No. 217)
Art. 71. Graduated scales. – In the cases in which the law prescribes a
penalty lower or higher by one or more degree than another
given penalty, the rules prescribed in Article 61 shall be observed
in graduating such penalty.

The lower or higher penalty shall be taken from the graduated scale in
which is comprised the given penalty.

The courts, in applying such lower or higher penalty, shall observe the
following graduated scales:

SCALE NO. 1

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
 SCALE NO. 2 (Under Article 71)

1. Perpetual absolute disqualification

2. Temporary absolute disqualification
3.Suspension from public office, the right to vote
and be voted for, and the right to follow a profession
or calling
4. Public censure
5. Fine

Article 71 provides for the scale which should be

observed in graduating the penalties by degrees in
accordance with Art. 61. Note that in Art. 71, destierro is
placed above arresto menor. The reason for this is that
destierro, being classified as a correctional penalty, is
higher than arresto menor, a light penalty. Art. 71
paragraph 2 speaks of a lower or higher penalty. Article
70 speaks of severity.
Article 8. Conspiracy and proposal to
commit felony. – Conspiracy and proposal
to commit felony are punishable only in
the cases in which the law specially
provides a penalty therefor.
A conspiracy exists when two or more
persons come to an agreement concerning
the commission of a felony and decide to
commit it.
There is proposal when the person who has
decided to commit a felony proposes its
execution to some other person or
persons.
Article 10. Offenses not subject to the provisions of this code.
Offenses which are or in the future may be punishable under
special laws are not subject to the provisions of this Code.
This Code shall be supplementary to such laws, unless the
latter should specially provide the contrary.

The following provisions of the revised Penal Code

on penalties can NOT be applied to offenses
punishable under Special Laws:
1.Article 6 on the Attempted and Frustrated Stages
of a Felony
2.Articles 18 and 19 on Accomplices and
Accessories
3.Articles 50 to 57 stating that the penalty for the
Principal in an attempted felony is two (2) degrees
lower and that in the Frustrated Degree it is one (1)
degree lower.
4.Articles 13 and 14 on Mitigating and Aggravating
Circumstances
5.Article 64 on the Rules on application of penalties
with 3 periods
 CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY
• Basically, there are five (5) circumstances which affect
criminal liability:
JUSTIFYING CIRCUMSTANCES: Those where the acts of a
person are said to be in accordance with the law, so that he
had not transgressed the law, and has no criminal or civil liability,
save in Paragraph 4 of Article 11 where the civil liability is borne
by the person benefited by the act.
EXEMPTING CIRCUMSTANCES: Those where there is an
absence of the element of voluntariness, and thus, though there
is a crime, there is still no criminal liability.
MITIGATING CIRCUMSTANCES: Those that have the effect of
reducing the penalty because there is a diminution of any of
the elements of DOLO or CULPA which makes the act
voluntary or because of the lesser perversity of the offender.
AGGRAVATING CIRCUMSTANCES: Those which serve to
increase the penalty without exceeding the maximum provided by
law because of the greater perversity of the offender as shown
by the motivating power of the commission of the crime, the time
and place of its commission, the means employed or the
personal circumstances of the offender.
ALTERNATIVE CIRCUMSTANCES: Those which are either
aggravating or mitigating according to the nature and effects
of the crime and other conditions attending its commission.
Article 11.Justifying circumstances. –
The following do not incur any
criminal liability:
Paragraph 1. SELF-DEFENSE:
Anyone who acts in defense of his person or
rights, provided that the following
circumstances concur:
1. Unlawful aggression
2. Reasonable necessity of the means
employed to repel it;
3. Lack of sufficient provocation on the part
of the person defending himself.
 Art. 11, Paragraph 2. DEFENSE OF RELATIVES:
Anyone who acts in defense of the person or rights of his
spouse, ascendants, descendants, 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 that the first and second
requisites prescribed in the next preceding circumstance
are present, and the further requisite , in case the
provocation was given by the person attacked, that the one
making defense had no part therein.
RELATIVES WHO CAN BE DEFENDED:

1. Spouse
2. Ascendants
3. Descendants
4. Legitimate or illegitimate or adopted
brothers or sisters, or relatives by affinity in the
same degree
5. Relatives by consanguinity within the fourth
civil degree.
 Article 11, Paragraph 3: DEFENSE
OF STRANGERS:
Anyone who acts in defense of the person
or rights of a stranger, provided that the
first and second requisites mentioned in
the first circumstance of this article are
present and that the person defending be
not induced by revenge, resentment or
other evil motive.

• Who are strangers: Any person not included

in the enumeration of relatives mentioned in
paragraph 2 of this article is considered a
stranger for the purpose of paragraph 3.
 Article 11, Paragraph 4:
AVOIDANCE OF GREATER EVIL OR
INJURY:
Any person who, in order to avoid an
evil or injury, does an act which
causes injury to another, provided that
the following requisites are present:
First. That the evil sought to be avoided
actually exists;
Second. That the injury feared be greater
than that done to avoid it;
Third. That there be no other practical or
less harmful means of preventing it.
 Article 11, Paragraph 5: FULFILLMENT
OF DUTY OR LAWFUL EXERCISE OF
RIGHT OR OFFICE:
Any person who acts in the fulfillment of
duty or in the lawful exercise of a right or
office.
Requisites:
(a)That the accused acted in the performance of
a duty or in the lawful exercise of a right or
office;
(b)That the injury caused or the offense
committed be the necessary consequence of
the due performance of duty or the lawful
exercise of such right or office. (Re:
People vs. Oanis)
 Article 11, Paragraph 6: OBEDIENCE TO AN
ORDER LAWFULLY ISSUED FOR SOME
LAWFUL PURPOSE:
Any person who acts in obedience to an
order issued by a superior for some
lawful purpose.

Requisites:
(a) That an order has been issued by a
superior.
(b)That such order must be for some legal
purpose.
(c)That the means used by the subordinate to
carry out said order is lawful.
 EXEMPTING CIRCUMSTANCES

NON-IMPUTABILITY: These are the grounds for exemption from

punishment because there is wanting in the agent of the crime any
of the conditions which make the act voluntary or negligent.

Article 12. Circumstances which exempt from criminal

liability.
– The following are exempt from criminal liability:

Paragraph 1:
An imbecile or an insane person, unless the latter has acted
during a lucid interval.

IMBECILITY:
One who, while advanced in age, has a mental development
comparable to that of children between two and seven years. This
circumstance is exempting in ALL CASES.
INSANITY:
This is exempting, unless one acted during a lucid interval. To
constitute insanity, there must be complete deprivation of
intelligence or that there be a total deprivation of the freedom of the
will.
 EXEMPTING CIRCUMSTANCES
Article 12, Paragraphs 2 and 3
2. A person under nine (9) years of age.
3. A person over nine (9) years of age and under fifteen
(15), unless he has acted with discernment, in which case,
such minor shall be proceeded against in accordance with
article 192 of PD 603.

NOTE: On April 28, 2006, Gloria Arroyo signed into

law Republic Act No. 9344 otherwise known as the
“JUVENILE JUSTICE and WELFARE ACT OF
2006”. The law became effective on May 21, 2006.

Under RA 9344 minors aged fifteen (15) and below are now
absolutely exempt from criminal liability. If a minor
above fifteen (15) but below eighteen (18) commits a crime,
he is not exempt from criminal liability unless it is shown
that he acted with discernment. However,
should the minor above fifteen (15) but below eighteen be
found guilty, RA 9344 also mandates the
Courts to automatically suspend the sentence. In all cases,
the minor offender must be referred to the appropriate
government agency for rehabilitation.
 EXEMPTING CIRCUMSTANCES
Article 12, Paragraph 4 :Any person who, while
performing a lawful act with due care, causes an
injury by mere accident without fault or intention of
causing it.

Elements:
(a) A person is performing a lawful act
(b) With due care
(c) He causes injury to another by mere accident
(d)Without fault or intention of causing it. (People
vs. Vitug, 8 CAR {2s}
905, 909)

ACCIDENT: Something that happens outside the

sway of our will, and although it comes through
some act of our will, lies beyond the bounds of
humanly foreseeable consequences.
 EXEMPTING CIRCUMSTANCES

Article 12, Paragraph 5: Any person who acts under

the compulsion of an irresistible force.

Elements:
a. The compulsion is by means of physical force.
b. The physical force is irresistible.
c. The physical force comes from a third person.

 The irresistible force must produce such an effect upon

the individual that, in spite of all resistance, it reduces
him to a mere instrument, and as such, incapable of
committing a crime. He must act not only without a will,
but against his will.
 EXEMPTING CIRCUMSTANCES
Article 12, Paragraph 6: Any person who acts
under the impulse of an uncontrollable fear of an
equal or greater injury.

Elements:
a. That the threat which caused the fear is of an evil greater
than or at least equal to, that which he is required to
commit.
b. That it promises an evil of such gravity and imminence
that the ordinary man would have succumbed to it. (US
vs Elicanal, 35 Phil 209)

• A person is compelled to commit a crime by another,

but
the compulsion is by means of intimidation or threat,
not by force or violence. (Otherwise, the accused
would be liable for Grave Coercion)
 EXEMPTING CIRCUMSTANCES
Article 12, Paragraph 7: Any person who fails to
perform an act required by law, when prevented by
some lawful or insuperable cause.
Elements:
a. An act is required by law to be done.
b. A person fails to perform such act/s.
c. The failure to perform the act was due to some lawful or insuperable
cause.

LAWFUL CAUSE: Privileged Communication Rule – Under the Rules on

Evidence, certain persons in a relationship (such as that between spouses or
between an Attorney and his Client) are prohibited from testifying in Court as to
any information that the parties received, during the existence of the said
relationship. The information so received is considered privileged
communication, and thus causes a lawful cause to exempt a person from
criminal liability should he not divulge the information, even on pain of criminal
prosecution.

INSUPERABLE CAUSE: The distance which prevented an officer from

transporting an arrested person to the nearest authorities exempts the officer
from liability for a Violation of the provisions of Article 125 of the Revised Penal
Code punishing the crime called Delay in the Delivery of the Detained Prisoners
to the Proper Judicial Authorities.
CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY

Classes:
1. Ordinary Mitigating Circumstances: Those
enumerated in subsections 1 to 10 of Article 13.
2. Privileged Mitigating Circumstances:
a. Article 68: The penalty to be imposed upon a
person under 18
years of age:
nine (9) but under fifteen (15), with discernment – A discretionary
penalty is imposed but ALWAYS LOWER by TWO degrees.
Over fifteen (15) and under eighteen (18) – The penalty NEXT
LOWER than that imposed by law, but always in the proper
period.
b.Article 69: The penalty to be imposed when the crime is
not wholly excusable:
c.Article 64: Rules for the application of penalties with three
periods: Determine whether there are present mitigating or
aggravating circumstances – Thus: Where there are two (2)
mitigating circumstances without any aggravating
circumstances, the penalty NEXT LOWER shall be imposed,
according to the number and nature of such
circumstance.
d.PRIVILEGED MITIGATING CIRCUMSTANCES applicable only
 The following are the Mitigating circumstances:
Article 13, Paragraph 1: Those mentioned in the preceding
chapter, when all the requisites necessary to justify the act or
to exempt from criminal liability in the respective cases are not
attendant

Article 13, Paragraph 2: That the offender is under 18

years of age or over 70 years. In the case of the minor, he shall
be proceeded against in accordance with article 192 of PD
603.

This provision contemplates the following:

• An offender over 9 but under 15 years of age who acted
with discernment.
• An offender 15 or over but under 18 years of age (Art. 68)
• An offender who is over 70 years old.

Article 13, Paragraph 3: That the offender had no intention

to commit so grave a wrong as that committed.
– This is covered by the circumstance referred to as
Praeter Intentionem – or that “the blow went beyond the
intent”.
 MITIGATING CIRCUMSTANCES

Article 13, Paragraph 4: That

sufficient provocation or threat on
the part of the offended party
immediately preceded the act.

• PROVOCATION: Any unjust or improper conduct or

act of the offended party, capable of exciting, inciting or
irritating any one.
• Requisites:
• That the provocation must be sufficient.
• It must originate from the offended party.

• The provocation must be immediate to the act, i.e., to the

commission of the crime by the person who is provoked.
 MITIGATING CIRCUMSTANCE

Article 13, Paragraph 5: 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 or
illegitimate or adopted brothers or sisters, or
relatives by affinity within the same degree.
• Requisites:
• That there be a grave offense done to the one
committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted brothers or
sisters, or relatives by affinity within the same
degrees.

• The felony is committed in vindication of such grave

offense. A LAPSE OF TIME is allowed between the
vindication and the doing of the grave offense.
 MITIGATING CIRCUMSTANCE
Article13, Paragraph 6: That of having acted upon an impulse so
powerful as naturally to have produced passion or
obfuscation.

Reason: When there are causes naturally producing in a person

powerful excitement, he loses his reason and self-control,
thereby diminishing exercise of his will power. (US vs.
Salandanan, 1 Phil 464)

• Passion or obfuscation is mitigating only when the same arose

from
lawful sentiments. It is NOT mitigating when:
(a) The act is committed in a spirit of lawlessness;
(b) The act is committed in a spirit of revenge.

Requisites:
• There must be an act, both unlawful and sufficient to produce such
a
condition of mind and
• Said act, which produced the obfuscation, was not far removed
from the commission of the crime by a considerable length of time,
 MITIGATING CIRCUMSTANCE

• Article 13, Paragraph 7: 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 evidence for
the prosecution.
There are two mitigating circumstances in
this paragraph:
• Voluntary surrender to a person in
authority or his agents;
• Voluntary plea of guilt.
 MITIGATING CIRCUMSTANCE

Article 13, Paragraph 8: 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.

Article 13, Paragraph 9: 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.
Requisites:
• The illness of the offender must diminish the exercise
of his will power.
• That such illness should not deprive the offender of
the consciousness of his acts.
 MITIGATING CIRCUMSTANCE

• Article 13, Paragraph 10: Any other

circumstance of a similar nature and
analogous to the aforementioned.

This provision authorizes the Court to

consider in favor of the accused ―any
other circumstance of a similar nature and
analogous to those mentioned‖ , with
reference to the provisions of paragraphs
1 to 9 of Article 13.
 AGGRAVATING CIRCUMSTANCES
Four Kinds of Aggravating Circumstances:

1.GENERIC: Those that can generally apply to all crimes.

e.g. Dwelling, nighttime, or recidivism
In Article 14, paragraphs 1, 2, 3 (dwelling), 4, 5, 6, 9, 10, 14, 18,
19, 20 except ―by means of motor vehicles‖ are generic.
2. SPECIFIC: Those that apply only to particular crimes.
e.g. Ignominy in crimes against Chastity or cruelty and treachery in
crimes against Persons. Thus, Paragraph 3 (except dwelling), 15,
16, 17, and 21, of Art. 14 are specific.
3. QUALIFYING: Those that change the nature of the crime.
e.g. Alevosia (treachery) or evident premeditation; Article 248
also enumerates the Qualifying Aggravating Circumstances which
qualify Homicide to Murder.
4. INHERENT: Those that must of necessity accompany the commission
of the crime. (Art. 62, paragraph 2)
e.g. Evident Premeditation is inherent in Robbery, Theft,
Estafa, Adultery and Concubinage.
 AGGRAVATING CIRCUMSTANCES
Article14, Paragraph 1. That advantage be taken by the
offender of his public position.

• The Public Officer MUST use the INFLUENCE, prestige of

ascendancy, which his office gives him as the means by which
he realizes his purpose. The Question is: ―Did the accused
abuse his office in order to commit the crime?”

Article14, paragraph 2: That the crime be committed in

contempt of or with insult to the public authorities.
Requisites:
• The public authority is engaged in the discharge of his
duties.
• He who is thus engaged in the exercise of his functions is NOT
the person against whom the crime is committed;
• The offender knows of the identity of the public authority.
• The presence had not prevented the offender from committing
the criminal act.
 AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 3: That the act be committed with insult or in
disregard of the respect due to the offended party on account
of his rank, age, or sex, or it be committed in the dwelling of
the offended party, if the latter has not given provocation.

Insult or disregard of respect on account of:

1. The rank of the offended party:
There must be a difference in the social condition of the
offender and the offended party.
2. The age of the offended party:
This applies where the victim is of tender age or old age and
is not aggravating in Robbery with Homicide or other crimes
against property.
3. Sex:
This is NOT considered:
(a) When the offender acted with passion and obfuscation;
(b) When there exists a relationship between the offended
party and the offender;
 AGGRAVATING CIRCUMSTANCE
• DWELLING: A building or structure exclusively used
for rest and comfort. A ―combination house and store‖
or a market stall where the
victim slept is NOT a dwelling.
And Dwelling should not be understood in the concept of
domicile.
• Evidence must clearly show that the defendant entered
the house of the deceased to attack him (People vs.
Manuel, 29 SCRA 337).
• A condition sine qua non is that the offended party ―has
not given provocation‖ to the offender.
• Meaning of provocation in the aggravating
circumstance of dwelling – The Provocation must be:
1. Given by the owner of the dwelling;
2. Sufficient and
3. Immediate to the commission of the crime.
 AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 4: That the act be committed with
(1) abuse of confidence or (2) obvious
ungratefulness.
• ABUSE OF CONFIDENCE: Exists only when the
offended party has TRUSTED THE OFFENDER who
later abuses such trust by committing the crime.
The abuse of confidence must be a means of facilitating
the commission of the crime, the culprit taking
advantage of the offended party’s belief that the former
would NOT abuse said confidence.
Requisites:
• The offended party has trusted the offender.
• The offender abused such trust by committing a crime
against the offended party.
• The abuse of confidence facilitated the commission of
the crime.
 AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 5: That the crime be committed in the Palace
of the Chief Executive, or in his presence, or where public
authorities are engaged in the discharge of their duties, or in a
place dedicated to religious worship.

Article14, Paragraph 6: That the crime be committed (1) in the

nighttime or (2) in an uninhabited place, or (3) by a band,
whenever such circumstances may facilitate the commission of
the offense.
• If they concur in one and the same felony, there is only ONE
aggravating circumstance unless the elements are distinctly
perceived and can subsist independently, revealing a greater
degree of perversity.
• Nighttime, uninhabited place, and by a band, when aggravating:
1. When it facilitated the commission of the crime;
2. When especially sought for by the offender to insure
the commission of the crime or for the purpose of
impunity;
3. When the offender took advantage thereof for the purpose
of impunity.
• NIGHTTIME: That period of darkness beginning at the end of
dusk and ending at dawn. Nights
 AGGRAVATING CIRCUMSTANCE
UNINHABITED PLACE: One where there are no
houses at all, a place at a considerable distance
from town, or where the houses are scattered at
a great distance from each other.

BY A BAND: 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. If one of the
four (4) armed persons is a principal by
inducement, they do not form a band.
 AGGRAVATING CIRCUMSTANCE

Article 14, Paragraph 7: That the crime be

committed on the occasion of a
conflagration, shipwreck, earthquake,
epidemic, or other calamity or misfortune.
Article 14, Paragraph 8: That the crime
be committed with the aid of armed men
or persons who insure or afford
impunity.
• Requisites:
• Armed men took part in the commission of
the crime, directly or indirectly.
• The accused availed of their aid or relied
 AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 9: That the accused is a recidivist.

• RECIDIVIST: 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 the Revised Penal
Code.

Article14, Paragraph 10: That the offender has been previously

punished for 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.

• Requisites of REITERACION or HABITUALITY:

1. The offender is on trial for an offense;

2. He previously served sentence for another offense to which
the law attaches an EQUAL or GREATERpenalty, or for 2 or
more crimes to which it attaches a lighter penalty than that for the
new offense.
3. He is convicted of the new offense.
 AGGRAVATING CIRCUMSTANCE

Article 14, Paragraph 11: That the crime

be committed in consideration of a
price, reward, or promise.

Article 14, Paragraph 12: 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.
 AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 13: That the act
be committed with the evident
premeditation.

• To prove evident premeditation,

the following requisites must be
proven:
1.The time when the accused determined to
commit the crime.
2.An act manifestly indicating that the
accused has clung to his determination and
3.A sufficient lapse of time between such
determination and execution, to allow him to
reflect upon the consequences of his act and
allow his conscience to overcome the
 AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 14: That (1) craft,
(2) fraud, or (3) disguise be
employed.

Article 14, Paragraph 15:That

advantage be taken of superior
strength, or means be employed to
weaken the defense.
• To take advantage of superior strength
means to USE PURPOSELY
EXCESSIVE FORCE out of
proportion to the means of defense
available to the person attacked.
 AGGRAVATING CIRCUMSTANCE

Article 14, Paragraph 16: 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.
 AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 17: That means be
employed or circumstances brought about
which add ignominy to the natural effects of
the act.
• IGNOMINY: Circumstance pertaining to the
moral order, which adds disgrace and
obloquy to the material injury caused by the
crime.
• This is applicable to crimes against chastity,
less serious physical injuries, light or grave
coercion, and murder.
Article 14, Paragraph 18: That the crime be
committed after an unlawful entry.
• UNLAWFUL ENTRY: When an entrance is
effected by a way not intended for the purpose.
 AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 19: That as a
means to the commission of a crime a
wall, roof, floor, door, or window be
broken.

Article 14, Paragraph 20: That

the crime be committed (1) with the
aid of persons under fifteen years of
age, or
(2) by means of motor
vehicle, airships, or other
 AGGRAVATING CIRCUMSTANCES

Article 14, Paragraph 21: That the

wrong done in the commission of the
crime be deliberately augmented by
causing other wrong not necessary for
its commission.
• CRUELTY: When the culprit enjoys
and delights in making his victim
suffer slowly and gradually, causing
him unnecessary physical pain in the
consummation of the criminal act.
 ALTERNATIVE CIRCUMSTANCES
Art. 15: Alternative Circumstances: Those
which must be taken into consideration as
aggravating or mitigating according to the nature
and effects of the crime and other conditions
attending its commission.
• 1. RELATIONSHIP:
• This is taken into consideration when the offended party
is:
1. spouse
2. ascendant
3. descendant
4. legitimate/ illegitimate brother or sister
5. relative by affinity in the same degree as the
offender
ALTERNATIVE CIRCUMSTANCES
2. INTOXICATION:
• It is mitigating (1) if not habitual, or (2) if not subsequent
to the plan to commit a felony.
• It is aggravating (1) if habitual or (2) intentional.
• It is considered intentional if the offender drinks liquor
fully knowing its effects, to find in the liquor a stimulant to
commit a crime or a means to suffocate any remorse
and the habit, however, should be actual and confirmed.
• To be entitled to this mitigating circumstance, it must be
shown that:
(a)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
(b)Such intoxication is not habitual, nor subsequent to
any plan to commit a felony.
ALTERNATIVE CIRCUMSTANCES
3. DEGREE OF INSTRUCTION
AND EDUCATION OF THE
OFFENDER:
• A low degree of education or the lack of it is
generally mitigating in all crimes EXCEPT:
1.It is not mitigating in crimes against property,
such as Theft, Estafa, Robbery and Arson;
2.Not mitigating in crimes against Chastity
(Adultery);
3.Not mitigating in Treason as love of country is
the natural feeling of every citizen;
4. Not mitigating in murder.
 Art. 17. PRINCIPALS
1. Those who take a direct part in the
execution of the act;

2. Those who directly force or induce

others to commit it;

3. Those who cooperate in the

commission of the offense by another
act without which it would not have
been accomplished.
 Art. 18. ACCOMPLICES
These are persons who, not being
included in Art. 17, cooperate in the
execution of the offense by previous or
simultaneous acts.

• QUASI-COLLECTIVE CRIMINAL
RESPONSIBILITY: This
comprehends a situation where some
are principals while the others are
accomplices.
 Art. 19. 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:
1. By profiting themselves or assisting the offender to profit
by the effects of the crime;
2. By concealing or destroying the body of the crime or
the effects or instruments thereof, in order to prevent
its discovery;
3. 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.
 MARAMING SALAMAT PO!
Now off the press: The Revised Penal Code
Book I: A Revolutionized Edition, 2008
edition.
(Limited Copies only)
By
Pros. Conrado Berex V. Catral, Jr.
City Prosecutor’s Office, Baguio City

Professor, SLU College of Law, Baguio

City