Review Module ON Criminal Law 1

REVIEW MODULE
ON
CRIMINAL LAW 1
CRIMINAL LAW 1
 INTRODUCTION:
Before the Spanish Colony, we have
Criminal Law, “The Code of Kalantiao”,
which often termed as the First Penal
Law in the History of the Philippines.
Under this code, if a man would have a
relation with a married woman, he is
penalized.
CRIMINAL LAW 1
Adultery and concubinage are crimes

during those days. Even offending things,
such as goods, are penalized. The Code
of Kalantiao has certain penal provisions.
The Filipinos have their own set of
penology.
CRIMINAL LAW 1
When the Spanish Colonizers came,

Royal Decree of 1870 made the Spanish
codigo Penal applicable and extended to
the Philippines. This was made effective
in the Philippines on July 14, 1876.
However, the Spanish Codigo Penal did
not cater to the customs and tradition of
the Filipinos.
CRIMINAL LAW 1
 A Filipino, Rafael Del Pan, made the so

called correctional code but this code
was never enacted into law, instead, a
committee was organized headed by
then Anacleto Diaz. This committee was
the one who drafted the present penal
code. The Revised Penal Code took
effect on January 1,1932.
CRIMINAL LAW 1
 DEFINITION OF TERMS
1.) Law
-is a rule of conduct, just and obligatory,
promulgated by competent authority for
common observance and benefits.
2.) Crime
- It is an act omitted or committed in violation
of public law forbidding or commanding it.
CRIMINAL LAW 1
3.) Felony
-is an act or omission punishable by
The Revised Penal Code.
4.) Offense
-may be defined as an act or omission
punishable by Special Laws.
CRIMINAL LAW 1
5.) CRIMINAL LAW
-may be defined as a branch of public or municipal
law, which defines crimes, treats of their nature and
provides for their punishment.
6.) Omission
-means inaction, failure to do a positive duty, which
one is bound to do.
7.) Act
-means any bodily movement tending to produce
some effect in the external world.
DIFFERENT
PHILOSOPHIES
UNDERLYING CRIMINAL
LAW SYSTEM:
PHILOSOPHIES UNDERLYING
CRIMINAL LAW SYSTEM
1.) Classical/Juristic Theory
-Best remembered by the maxim “an eye
for an eye, a tooth for a tooth”. The purpose
of penalty is retribution. The offender is made
to suffer for the wrong he has done.
A man is regarded as a moral creature who
understands right from wrong; he must be
prepared to accept the punishment therefore.
CRIMINAL LAW SYSTEM
2.) Positive/Realistic Theory
-The purpose of penalty is reformation.
Crimes are regarded as a social
phenomenon, which constrains a person to
do wrong although not his own volition. A
tendency towards crime is the product of
one’s environment. There is no such thing as
natural born killer. This was criticized as
being too lenient.
CRIMINAL LAW SYSTEM
3.) Eclectic/Mixed Theory
-This combines both positivist and
classical thinking. Crimes that are
economic and social in nature should be
dealt with in a positivist manner, thus the
law is more compassionate. Heinous
crimes should be dealt with in a classical
manner, thus capital punishment. The
Revised Penal Code follows the
mixed/eclectic theory.
CRIMINAL LAW SYSTEM
3.) Eclectic/Mixed Theory
Example:
Intoxication of the offender is considered
to mitigate his criminal liability, unless it is
intentional or habitual.
A woman who killed her child to conceal
her dishonor has in her favor mitigating
circumstances.
BASIC MAXIMS IN
CRIMINAL LAW
BASIC MAXIMS IN
CRIMINAL LAW
1.) Doctrine of PRO REO
-Whenever a penal law is to be
constructed or applied and the law
admits of two interpretations, one
lenient to the offender, and one strict to
the offender, the latter interpretation,
which is lenient of favorable to the
offender, will be adopted.
BASIC MAXIMS IN
CRIMINAL LAW
1.) Doctrine of PRO REO
-This is in consonance with the
fundamental rule that all doubts shall be
construed in favor of the accused and
consistent with presumption of
innocence of the accused.
BASIC MAXIMS IN
CRIMINAL LAW
2.) Nullum Crimen Nulla Poena Sine
Legis
-There is no crime when there is no law
punishing the same. Because of this
maxim, there is no common law crime
in the Philippines, no matter how
wrongful, evil or bad the acts is, if there
is no law defining the act, the same is
not considered a crime.
BASIC MAXIMS IN
CRIMINAL LAW
-Common Law Crimes are wrongful

acts which the community condemns as
contemptible, even though there is no
law declaring the act criminal.
BASIC MAXIMS IN
CRIMINAL LAW
3.) Actus on Facit Reum, Nisi Mens Sit
Rea
-The act cannot be criminal where the
mind is not criminal. This is only true to
a felony committed intentionally or
characterized as DOLO, but not those
felonies resulting form negligence
(Culpa).
BASIC MAXIMS IN
CRIMINAL LAW
4.) Actus me invito est meus actus
-An act done by me against my will is
not my act. Usually, this is applicable to
exempting circumstances particularly
paragraph 5 and 6 of Art. 12 of the
RPC. The offender is under the
compulsion of an irresistible force and
uncontrollable fear.
PURPOSES OF
CRIMINAL LAW
PURPOSES OF CRIMINAL
LAW
1.) To reform (reformation);
2.) To deter others (deterrence);
3.) To prevent the offender from committing
further crimes (prevention);
4.) To defend the State against crimes
(self-defense);
5.) To set an example (exemplarity).
SOURCES OF
CRIMINAL LAW
SOURCES OF CRIMINAL
LAW
1.) The Revised Penal Code (Act. No. 3815)
which took effect on January 01, 1932;
2.) Acts of the Philippine Legislature, National

Assembly, congress of the Philippine,
Batasang Pambansa, Presidential
Decrees, Executive Orders, etc.;
THE CLASSICAL
THEORY OF CRIMINAL
LAW BEING ADOPTED
IN THE PHILIPPINES
THE CLASSICAL THEORY OF
CRIMINAL LAW BEING
ADOPTED IN THE
PHILIPPINES
 “Basic criminal liability is human free will
and the purpose of penalty is retribution. It
endeavors to establish mechanical and
direct proportion between crime and
penalty”.
RULES ON
CONSTRUCTION OF
PENAL LAWS
RULES ON CONSTRUCTION
OF PENAL LAWS
 A penal law is liberally constructed in

favor of the offender. Quantum of
evidence is proof beyond reasonable
doubt.
PARTS OF THE
REVISED PENAL
CODE
PARTS OF THE REVISED
PENAL CODE
1.) Principles affecting Criminal Liability (Arts.
1-20)
2.) Penalties including liability

(Arts. 21 to 113)
3.) Specific Felonies and their Penalties (Arts.

114-366)
EFFECTIVITY OF
THE REVISED
PENAL CODE:
January 1, 1932.
THREE GENERAL
CHARACTERISITIC
OF CRIMINAL LAW
THREE GENERAL
CHARACTERISITIC OF
CRIMINAL LAW
1.) GENERALITY
-That the law is binding upon all
persons who reside or sojourn in the
Philippines, irrespective of age, sex,
color, creed or personal circumstances.
(Art. 114, NCC);
THREE GENERAL
CHARACTERISITIC OF
CRIMINAL LAW
2.) TERRITORIALITY
-That the law is applicable to all crimes
committed within the limits of Philippine
territory, which includes its atmosphere,
interior waters and maritime zone. (Art. 2,
RPC, see Art. 1 of the Philippine
Constitution);
THREE GENERAL
CHARACTERISITIC OF
CRIMINAL LAW
3.) IRRETROSPECTIVITY OR
PROSPECTIVITY
-That the law does not have any
retroactive effect (Art. 4, NCC) except if
it favors the offender (Art. 22, RPC)
who is not a habitual criminal (Art. 62,
par. 5 RPC).
THREE GENERAL
CHARACTERISITIC OF
CRIMINAL LAW
-Penal laws shall not be given retroactive
effect. Acts or omission will only be subject to a
penal law if they are committed after a penal
law had already taken effect. Penal laws
operate only prospectivity.
 Exception: If the penal law is favorable to the
accused.
 Exemption to the exception: If the accused is
habitual delinquent.
THREE GENERAL
CHARACTERISITIC OF
CRIMINAL LAW
Example:
A, was convicted for illegal Possession of
firearm in 1995. The penalty for IP of F/A at
that time was 12 years and 1 day to 20 years.
On 1998 a law was passed lowering the
penalty to 6 years and 1 day to 10 years. Will
the new law be given retroactive effect to “A”
that is now serving his sentence?
THREE GENERAL
CHARACTERISITIC OF
CRIMINAL LAW
Answer:
Yes, the law can be retroactively
applied because it is favorable to the
accused.
ART. 2
EXTRA-TERRITORIAL
JURISDICTION
(Exception to
territoriality)
EXTRA-TERRITORIAL
JURISDICTION
 Rules as to jurisdiction over crimes
committed abroad a foreign merchant
vessel:
1.) French Rule:
This rule suggest that such crimes are
not triable in the court of that country,
unless their commission affects the
peace and security or the safety of the
state is endangered.
EXTRA-TERRITORIAL
JURISDICTION
2.) English Rule:
Meaning, such crimes are triable in that
country, unless they merely affects
things within the vessel or they refer to
the internal management thereof.
Take Note:
The English rule is what is being applied
here in the Philippines.
FELONIES & CIRCUMSTANCES
WHICH AFFECT CRIMINAL
LIABILITY
 ART. 3
-FELONIES (Either by dolo or culpa)
ELEMENTS OF FELONY
a.) there must be an act of omission
b.) such act or omission is punishable by RPC;
and
c.) committed either by dolo or culpa.
LIABILITY
ELEMENTS OF DOLO ELEMENTS OF CULPA

 intelligence  intelligence
 freedom  freedom
 criminal intent  negligence/imprudence
LIABILITY
 Intent
-the purpose to use a particular
means to affect such result while
 Motive
-the moving power, which impels one
to action for a definite result, e.g.
Jealousy, revenge.
LIABILITY
 Proximate Cause
-That cause, which, in natural and
continuous sequence, unbroken by any
efficient intervening cause, procedures
injury, and without which the result
would not have been committed
(Bataclan V. Medina 102 Phil. 181)
LIABILITY
 MALA INSE
-An act mala inse is a wrong act from
its very nature as those felonies
punished in the Revised Penal Code.
LIABILITY
 MALA PROHIBITA
-An act mala prohibita is a wrong
because law prohibits it. Without the
law punishing the act, it cannot be
considered wring.
LIABILITY
Hence the mere commission of that act
is what constitutes the offense punished
and criminal intent will be immaterial for
reason of public policy. So, mere
carrying of a firearm within a polling
place is punished by the Revised
Election Code, regardless whether or not
the offender had the intention to violate
the law.
ART. 4 – WHO INCURS
CRIMINAL LIABILITY
 Criminal liability shall be incurred by any
person:
1.) Committing a felony (delito) although

the wrongful act done be different from
that which he intended; and
CRIMINAL LIABILITY
2.) performing an act which would be an
offense against persons or property,
were it not for the inherent impossibility of
its accomplishment or on account of the
employment of inadequate or ineffectual
means (impossible crime – a crime of
last resort).
CRIMINAL LIABILITY
 Error in personae (Mistake in Identity)
 Aberratio Ictus (Mistake in Blow)
 Praeter Intentionem (The act exceeds

the Intent)
 Impossible Crime
ART. 5 – DUTY OF
COURTS:
1.) If the act charged is not punished by

law which the Court deems proper to
repress;
2.) In case of excessive penalty.

ART. 6 – STAGES IN THE
COMMISSION OF FELONY
1.) Consummated Felony, A Felony is

consummated when all the elements
necessary for its execution and
accomplishment are present.
2.) Frustrated Felony, 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 cause independent of the
will of the perpetrator.
3.) Attempted Felony, There is an attempt

when the offender commence of the
crime directly by overt acts, and does
not perform all the acts of execution
which would produce the felony by
reason of some cause or accident other
than his own spontaneous desistance.
 What is an indeterminate offense?
-It is one where the purpose of the offender
in performing an act is not certain. Acts which
are susceptible of double interpretation, that is
in favor as well as against the accused, and
which show an innocent as well as punishable
act, must not and can not furnish grounds by
themselves for attempted crime. (Peoples V.
Lamahang. 61 Phil. 707)
ART. 7 – WHEN LIGHT
FELONIES ARE PUNISHABLE:
 Light felonies:
-are those infractions of law for the commission of
which the penalty of arresto menor or a fine exceeding
200 pesos, or both, is provided.
 General Rule:
-Light felonies are punishable only when they have
been consummated.
 Exception:
-Light felonies committed against persons or
properties are punishable even if attempted or
frustrated.
ART. 8 – CONSPIRACY AND
PROPOSAL TO COMMIT A
CRIME
 Kinds:
1.) Conspiracy and proposal to commit
felony as a crime.
Ex.:
-Conspiracy to and proposal to
commit rebellion, treason and sedition.
CRIME
2.) Conspiracy and Proposal to commit

felony as a manner of incurring criminal
liability. (The act of one is the act of all)
CRIME
 Conspiracy exists when two or more

persons come to an agreement
concerning the commission of a felony
and decide to commit it. Requisites of
conspiracy are:
CRIME
1.) there are two or more persons;
2.) who come to an agreement;
3.) concerning the commission of a felony;
and
4.) they decide to commit the felony.
CRIME
 Proposal, There is a proposal when the

person who has decided to commit felony
proposes it execution to some other
person or persons. Requisites are:
CRIME
1.) a person has decided to commit a
felony; and
2.) after such decision, he proposes the
execution of the felony to some other
person or persons.
CRIME
Not Punishable Except:

 rebellion
 sedition
 treason
ART. 9 – CLASSIFICATION
FELONIES ACCORDING TO
GRAVITY
1.) Grave felonies
-those which the law attaches a
capital punishment or a penalty which is
afflictive in any its periods;
FELONIES ACCORDING TO
GRAVITY
2.) Less Grave Felonies
-those in which the penalties in their
maximum period are correctional;
3.) Light Felonies
-those infractions of law in which the
penalty of arresto menor or a fine of not
exceeding P200.00 or both.
ART. 10 – OFFENSES NOT
SUBJECT TO THE
PROVISIONS OF THE
REVISED PENAL CODE
 Suppletory in Nature
-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
especially provide the contrary.
CHAPTER 2
JUSTIFYING
CIRCUMSTANCES AND
CIRCUMSTANCES WHICH
EXEMPT FROM CRIMINAL
LIABILITY
ART 11. – JUSTIFYING
CIRCUMSTANCES
 JUSTIFYING
-those wherein the acts of the actor
are in accordance with law, and hence,
he incurs no criminal and civil liability
CIRCUMSTANCES
1.) Self-defense – requisites:
a.) unlawful aggression
b.) reasonable necessity of the means
employed to prevent or repel it; and
c.) lack of sufficient provocation on the
part of the person defending himself.
2.) Defense of relative
CIRCUMSTANCES
3.) Defense of stranger
4.) State of necessity

-doing an act which causes damage
to another to avoid an evil or injury.
Requisites are:
CIRCUMSTANCES
a.) the evil to be avoided actually exists;
b.) the injury feared be greater than that

done to avoid it; and
c.) there be no other practical and less

harmful means of preventing it.
CIRCUMSTANCES
5.) Fulfillment of duty or exercise of right
of office.
6.) Obedience to superior order for a

lawful purpose.
CIRCUMSTANCES
-In self-defense the burden of proof
rests upon the accused. His duty is to
established self-defense by clear and
convincing evidence; otherwise
conviction would follow from his
admission that he killed the victim.
(People v. Mercado 159 Phil. 453)
CIRCUMSTANCES
-The discrepancy on accused-appellants
testimony as to whether he stabbed the
victim on the left or the right side of his
chest is of such a material character that it
renders his entire testimony dubious at
best. The mere fact that the accused-
appellant was injured does not prove his
claim of self-defense. (People v. Gadia,
September 21, 2001)
CIRCUMSTANCES
-Reasonable necessity of the means
employed is negated by the location
and severity of the victim’s wounds.
Mortal wounds at vital parts of the
victim’s body indicate appellant’s
determination to kill the deceased and
not merely to defend himself. (People v.
Zate, Nov. 17, 2001)
ART. 12 – EXCEPTING
CIRCUMSTANCES
-those wherein there is an absence in
the agent of the crime any of the
conditions what would make an act
voluntary and, hence, although there is
no criminal liability, there is civil liability.
ART. 12 – EXEMPTING
CIRCUMSTANCES
1.) an imbecile or an insane person,
unless the latter has acted during a
lucid interval;
2.) a person under nine years of age;
3.) a person under nine years old and
under fifteen, unless he has acted with
discernment;
CIRCUMSTANCES
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;
5.) any person who acts under the
compulsion of irresistible force;
CIRCUMSTANCES
6.) any person who acts under the impulse
of an uncontrollable fear of an equal
or greater injury; and
7.) any person who fails to perform an act
required by law, when prevented by
some lawful insuperable cause.
CIRCUMSTANCES
 Other cases of non-liability for a felony:
1.) prescription;
2.) relationship in crimes of theft, swindling and
malicious mischief;
3.) relationship in some accessories;
4.) pardon by offended party and marriage between
offender and offened party;
5.) infliction of physical injuries under stated conditions
(art. 247);
6.) amnesty; and
7.)pardon by the Chief Executive.
CHAPTER 3
MITIGATING
CIRCUMSTANCES
ARTICLE 13. MITIGATING
CIRCUMSTANCES
 MITIGATING – (Art. 13) 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.
CIRCUMSTANCES
1.) those mentioned in the preceding chapter
when all the requisites necessary to justify
the act are not attendant.
2.) Incomplete self-defense. Unlawful
aggression on the part of the victim is an
indispensable requisite in order to be entitled
from privileged mitigating circumstances (P.
v. Mazo, Oct. 17, 2001)
CIRCUMSTANCES
3.) Under eighteen or over seventy
years old.
4.) No intention to commit so grave a
wrong as that committed.
5.) Sufficient provocation or threat on the
part of the offended party immediately
preceded the act.
CIRCUMSTANCES
6.) Act was committed in the immediate
vindication of a grave offense to the
one committing the felony.
7.) Having acted upon an impulse so
powerful as naturally to have produced
passion or obfuscation.
CIRCUMSTANCES
8.) Voluntary surrender. Requisites: (1)
The offender has not been arrested; (2)
he surrendered himself to a person in
authority or agent of a person in
authority; and (3) his surrender was
voluntary. (P. v. Gadia, Sept. 21, 2001)
CIRCUMSTANCES
9.) Offender is deaf and dumb, blind or
suffering from physical defects that
restrict his means of action, defense or
communication.
10.) Such illness of the offender as would
diminish the exercise of the
will-power of the offender without
depriving him of the consciousness of
his acts.
CIRCUMSTANCES
11.) Voluntary confession of guilt. Not
appreciated where accused appellant merely
proposed to the prosecution that he plead guilty
to the crime of homicide during the pre-trial for
murder, which was rejected by the prosecution.
(P. v. Quinicio, Sept. 13,2001)
The confession of guilt must be made prior to

the presentation of the evidence for the
prosecution. (Pagayao v. Imbing., Aug. 15,
2001)
CHAPTER 4
CIRCUMSTANCES
WHICH AGGRAVATE
CRIMINAL LIABILITY
ARTICLE 14. AGGRAVATING
CIRCUMSTANCES
 AGGRAVATING – (Art. 14) those which
serves 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 circumstance of
the offender.
CIRCUMSTANCES
 Aggravating when the crime is
committed in any or through the
following:
1.) advantage by the offender’s public
position;
2.) in contempt of or with insult to the public
authorities;
CIRCUMSTANCES
3.) with insult or disregard of the respect
due the offended party (rank, sex, age or
if in the offended party’s dwelling;
4.) with abuse of confidence or obvious
ungratefulness;
5.) in the palace of the Chief Executive (in
his presence, where public are gathered
in discharge of their duties, or in places
of religious worship);
CIRCUMSTANCES
6.) in night time, or uninhabited place, or by
a band);
7.) on the occasion of conflagration,
shipwreck, earthquake, epidemic or
other calamity or misfortune;
8.) with the aid of armed men to insure or
afford impunity;
CIRCUMSTANCES
9.) accused is recidivist;
10.) offender has been previously punished
by an offense with an equal or greater
penalty or for two or more crimes with
lighter penalty;
11.) in consideration of a price, reward, or
promise;
CIRCUMSTANCES
12.) by means of inundation, fire, poison,
explosion, stranding of a vessel or
intentional damage thereto, derailment
of locomotive, or by the use of any other
artifice involving great waste and ruin;
13.) with evident premeditation;
14.) employing craft, fraud or disguise;
CIRCUMSTANCES
15.) advantage be taken of superior
strength, or means employed to
weaken the defense;
16.) with treachery;
17.) means employed add ignominy to the
natural effects of the act;
18.) after an unlawful entry;
CIRCUMSTANCES
19.) a wall, roof, door, or window be broken;
20.) with the aid of persons under fifteen
years of age or by mean of motor vehicles,
motorized watercrafts, airships or other
similar means; and
21.) deliberately augmented by causing other
wrong not necessary for its commission.
CIRCUMSTANCES
 Dwelling Aggravating, when the crime is
committed in the dwelling of the offended
party and the latter has not been given
provocation. (People v. Perreras, July 31,
2001)
 Night time. It is aggravating when the
offender specially sought the darkness in
order to facilitate the commission of the
crime.
CIRCUMSTANCES
 Evident Premeditation. Not to be appreciated
where there is neither evidence of planning or
preparation to kill nor the time when the plot was
conceived.
 Abuse of superior strength. Use of excessive
force out of proportion to the means available to
the person attacked to defend himself. The use of
force must be deliberate on the part of the
malefactor. (People v. Almendras. Dec. 20, 2001)
CIRCUMSTANCES
 Treachery. Exist when the offender
commits any of the crimes against person,
employing means, methods or forms in the
execution thereof which tend directly ands
specially to insure its execution with out
risk to himself arising form the defense
which offended party might make. (People
v. Perreras Dec. 5, 2001)
CHAPTER 5 –
ALTERNATIVE
CIRCUMSTANCES
ARTICLE 15. THEIR
CONCEPT
 ALTERNATIVE – (Art. 15) those which
are either aggravating or mitigating
according to the nature and effects of the
crime and other conditions attending to
its commission.
ARTICLE 15. THEIR
CONCEPT
 Intoxication. It is mitigating when the
offender has committed a felony in a
state of intoxication, if the same is not
habitual or subsequent to the plan to
commit said felony. (People v. Domingo,
August 9, 2001)
ARTICLE 15. THEIR
CONCEPT
 Relationship. Considered as generic
aggravating circumstances in crimes of
rape and acts of lasciviousness. (P. v.
Toralba, August 9, 2001)
 Degree of instruction or education of

the offender.
TITLE TWO
PERSONS
CRIMINALLY LIABLE
FOR FELONIES
ART. 16 – WHO ARE
CRIMINALLY LIABLE?
1.) Who are liable for Grave and Less
Grave Felonies?
a.) principals;
b.) accomplices; and
c.) accessories.
2.) Who are liable for Light Felonies?
a.) Principals; and
b.) Accomplices.
ART. 17 – WHO ARE
PRINCIPALS?
1.) Principals Who take Direct part in the
Execution of the Act;
2.) Principal Who directly Forces or Induces
Others to Commit a Crime; and
3.) Principals Who cooperate in the
Commission of the Offense by Another
Act without which it would not have
been accomplished.
ART. 18 – WHO ARE
ACCOMPLICES?
 Those who not being included in Article
17, cooperate in the execution of the
offense by previous or simultaneous acts.
ART. 19 – WHO ARE
ACCESSORIES?
1.) those who have knowledge in the
commission of the crime;
2.) take part subsequent to its commission
in any of the following manner:
a.) by profiting themselves or assisting
the offender to profit from the effects of
the crime;
ART. 19 – WHO ARE
ACCESSORIES?
b.) by concealing or destroying the body of the
crime or the effects or instruments thereof, in
order to prevent its discovery;
c.) by harboring, concealing, or assisting in the
escape of the principal of the crime if he acts
with abuse of public functions or when 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. 20 – EXCEMPTED
ACCESSORIES
 spouse, ascendants, descendants,
legitimated, natural and adopted brothers
and sisters, or relatives by affinity within
the same degrees.
TITLE THREE
PENALTIES
CHAPTER 1 - PENALTIES
IN GENERAL
Chapter 1-PENALTIES IN
GENERAL
 PENALTY DEFINED
- In its general sense, penalty signifies
pain; in its juridical sphere , penalty
means the suffering undergone, because
of the action of society, by one who
commit a crime. Hence, penalty is
imposed only after a conviction in a
criminal action.
GENERAL
 JURIDICAL CONDITIONS OF PENALTY
1.) Must be productive of suffering but the
limit is the integrity of human personality;
2.) Must proportionate to the crime in the
sense that different penalties are
prescribed for different felonies;
3.) Must be personal as must be imposed
only upon the criminal and no other;
GENERAL
4.) Must be legal it must be in consequence
of a judgment according to law;
5.) Must be certain so that one cannot
escape from it;
6.) Must be equal in the sense that it applies
to all persons regardless of
circumstances;
7.) Must be correctional. (Serve as
deterrence to others) or Exemplary;
GENERAL
PURPOSE OF THE STATE IN
PUNISHING CRIMES
-For justice, because the State has an
existence of its own maintain a
conscience to assert and moral
principles to vindicate. Penal justice
rests primarily on the moral rightfulness
of the punishment imposed.
GENERAL
CONSTITUTIONAL LIMITATIONS ON
PENALTIES
1.)Excessive fines shall not be imposed, nor
cruel, degrading or inhuman punishment
inflicted;
2.) Death penalty shall not be imposed,
unless, for compelling reasons involving
heinous crimes. Congress shall provide
for it.
ART. 21 – WHAT PENALTIES
MAY BE IMPOSED?
 Only those provided by law prior to the
commission of a felony
ART. 22 – RETROACTIVITY
OF PENAL LAWS
 Except if favorable to the accused who is
not a habitual criminal.
ART. 23 – EFFECT OF
PARDON BY THE OFFENDED
PARTY ON THE
PROSECUTION OF THE
OFFENDER.
1.) The criminal action in public crimes is not
extinguished.
2.) Regarding private Crimes (Arts. 333 to 343)
Criminal Liability is extinguished.
3.) The civil liability with respect to the interest of
the injured party in any crime, whether public
or private, is extinguished by express waiver.
ART. 24 – MEASURES OF
PREVENTION OR SAFETY
ARE NOT CONSIDERED
PENALTIES
 Detention due to:
a.) Insanity, imbecility, illness requiring
confinement at hospital;
b.) Commitment of a minor in accordance with P.D.
603 as amended;
c.) Suspension from public office during trial or in-
order to institute the action is not a penalty
because it is not imposed in a judicial
proceeding;
ART. 24 – MEASURES OF
PREVENTION OR SAFETY
ARE NOT CONSIDERED
PENALTIES
d.) Fines and other corrective measures
imposed by superior officers upon their
subordinate in the exercise of
administrative or disciplinary powers.
e.) Deprivation of rights and reparations
which the civil law establishes in penal
form.
CHAPTER 2
-CLASSIFICATION OF
PENALTIES
OF PENALTIES UNDER THE
R.P.C.
1.) Principal
– that provided by law for a felony and
which is imposed by the court expressly
by court expressly upon conviction
2.) Accessory
– that deemed included in the
imposition of the principal penalty.
R.P.C.
WHAT PENALTIES MY EITHER BE
PRINCIPAL OR ACCESSORY?
1.) Perpetual or temporary absolute
disqualification;
2.) Perpetual or temporary special
disqualification; and
3.) Suspension
R.P.C.
SCALE OF PRINCIPAL PENALTIES:
1.) Capital Punishment – Death
2.) Afflictive Penalties
a.) reclusion perpetua
b.) reclusion temporal
c.) perpetual or temporary absolute
disqualification
d.) perpetual or temporary special disqualification
e.) prision mayor
R.P.C.
3.) Correctional Penalties
a.) prision correccional
b.) arresto mayor
c.) suspension
d.) destierro
R.P.C.
4.) Light Penalties
a.) arresto menor
b.) public censure
5.) Penalties common to the three
preceding classes
a.) fine, and
b.) bond to keep peace
R.P.C.
ACCESSORY PENALTIES
1.) perpetual or temporary absolute disqualification
2.) perpetual or temporary special disqualification
3.) suspension from public office, the right to vote
and be voted for, the profession or calling
4.) civil interdiction
5.) indemnification
6.) forfeiture or confiscation of instruments and
proceeds of the offense
7.) payment of cost
CHAPTER 3 –
DURATION AND
EFFECTS OF
PENALTIES
ART. 26 – WHEN IS FINE
AFFLICTIVE,
CORRECTIONAL OR LIGHT?
1.) Afflictive
– more than P6,000.00
2.) Correctional
– not less than P200.00 but not more
than 6,000.00
3.) Light
– less than P200.00
ART. 27 – DURATION OF
PENALTIES
 RECLUSION PERPETUA
– after serving 30 years, the convict may be
pardoned;
 RECLUSION TEMPORAL
– 12 years and 1 day to 20 years;
 PRISION MAYOR AND TEMPORARY
DISQUALIFICATION
– 6 years and 1 day to 12 years;
ART. 27 – DURATION OF
PENALTIES
 PRISION CORRECTIONAL, DESTIERRO,
SUSPENSION
– 6 months and 1 day to 6 years.
 ARRESTO MAYOR
– 1 month and 1 day to 6 months;
 ARRESTO MENOR
– 1 day to 30 days; and
 BOND TO KEEP THE PEACE
– such period of time as the may require.
ART. 28 – COMPUTATION
OF PENALTIES
-If the offender shall be on prison, the
terms of the duration of the temporary
penalties shall be computed from the day
on which the judgment of conviction shall
have become final.
ART. 29 – OFFENDERS
ENTITLED TO A DEDUCTION
OF THEIR PREVENTIVE
IMPRISONMENT FROM THE
TERM OF IMPRISONMENT.
-If the detention prisoner agrees
voluntarily in writing to abide the same
disciplinary rules imposed on convicted
prisoners, except in the following cases;
ART. 29 – OFFENDERS
ENTITLED TO A DEDUCTION
OF THEIR PREVENTIVE
IMPRISONMENT FROM THE
TERM OF IMPRISONMENT.
1.) he/she is a recidivist or convicted twice or
more times of any crime;
2.) when summoned for the execution of
his/her sentence failed to surrender
voluntarily.
ART. 30 – EFFECTS OF
PERPETUAL OR
TEMPORARY ABSOLUTE
DISQUALIFICATION.
1.) Deprivation of any public office or employment
of the offender;
2.) Deprivation of the right to vote in any election
or to be voted upon
3.) Disqualification for any public office and for
the exercise of any rights mentioned; and
4.) Loss of rights to retirement pay or pension.
PERPETUAL OR
TEMPORARY SPECIAL
DISQUALIFICATION FOR
PUBLIC OFFICE,
PROFESSION OR CALLING.
 Deprivation of the office, employment,
profession or calling affected;
 Disqualification for holding similar offices
or employment’s during the period of
disqualification.
PERPETUAL OR
TEMPORARY SPECIAL
DISQUALIFICATION FOR
THE EXERCISE OF RIGHT
SUFFRAGE.
 Deprivation of the right to vote or be
elected to an office.
 Cannot hold any public office during the
period of disqualification.
SUSPENSION FROM PUBLIC
OFFICE, PROFESSION OR
RIGHT OF SUFFRAGE.
1.) Disqualification from holding such office or the
exercise of such profession or right of
suffrage during the term of the sentence;
2.) Cannot another office having similar functions
during the period of suspension.
CIVIL INTERDICTION
1.) parental authority;
2.) guardianship over the ward
3.) marital authority;
4.) right to manage his property and to dispose
of the same by an act inter vivo.
5.) Civil interdiction is an accessory penalty to
the following principal penalties: a) Art. 40
Reclusion Perpetua b.) Art. 41 Reclusion
Temporal.
ART. 35 – BOND TO KEEP
THE PEACE
 Offender presents two sufficient sureties
who shall undertake that he will not
commit the offense sought to be
prevented and in case such offense is
committed, the shall pay the amount
determined by the court, or deposit may
be made by the offender to guarantee
such undertaking;
ART. 35 – BOND TO KEEP
THE PEACE
 If the offender cannot give the bond, he
may be detained for a period not
exceeding 6 months if prosecuted for
grave or less felony or for a period not to
exceed 30 days, for a light felony.
PARDON BY THE CHIEF
EXECUTIVE
1.) An absolute pardon extinguishes the criminal
liability of the offender (Art. 89, par. 3);
2.) It does exempt the offender from the payment
of the civil indemnity imposed in the
sentenced. (Art. 36);
3.) It does not restore the right to hold public
office or the right of suffrage unless such
rights are expressly restored by the terms of
the pardon.
PARDON BY THE CHIEF
EXECUTIVE
EXEMPTIONS/LIMITATIONS
 Such power does not extend to cases of
impeachment;
 In election offenses, it can be exercised
only upon prior recommendation of the
COMELEC.
ART. 37 – WHAT ARE
INCLUDED IN COSTS?
1.) Fees, indemnities in the course of
judicial proceedings;
2.) Such may be fixed amounts already
determined by law or regulations or
amounts subject to schedule.
ART. 38 – PECUNIARY
LIABILITIES OF THE
OFFENDER
1.) Reparation of the damaged caused;
2.) Indemnification of consequential
damages;
3.) Fine; and
4.) Costs of the proceedings.
ART. 39 – RULES
GOVERNING SUBSIDIARY
IMPRISONMENT
 Penalty imposed is prision correccional
or arresto and fine – subsidiary
imprisonment (a) not exceed1/3 of the
term of the sentence; and (b) not to
continue longer than one (1) year.
Fraction or part of a day is not counted.
ART. 40 – PENALTIES IN
WHICH OTHER ACCESSORY
PENALTIES ARE INHERENT
(ART. 40-44)
1.) Reclusion Perpetua & Reclusion Temporal
a.) Civil Interdiction;
b.) Absolute perpetual disqualification unless
expressly remitted in the pardon; (Art.41)
2.) Prision Mayor
a.) Temporary absolute disqualification and
b.) Perpetual special disqualification from right
suffrage unless expressly remitted in the
pardon. (Art. 42)
ART. 40 – PENALTIES IN
WHICH OTHER ACCESSORY
PENALTIES ARE INHERENT
(ART. 40-44)
3.) Prision Correccional
a.) Suspension from public office, right to follow a
profession or calling;
b.) Perpetual special disqualification from suffrage if
duration of imprisonment exceeds 18 months unless
expressly remitted in the pardon. (Art. 43)
4.) Arresto
a.) Suspension of the right to hold office and suffrage
during the term of the sentence. (Art. 44)
ART. 45 – CONFISCATION OF
PROCEEDS OR
INSTRUMENTS OF CRIME
1.) The accessory penalty is concluded in
every penalty imposed for the
commission of a crime;
2.) Confiscation in favor of the government;
3.) Property of third person not liable for
the offense is not subject for
confiscation;
ART. 45 – CONFISCATION OF
PROCEEDS OR
INSTRUMENTS OF CRIME
4.) Property not subject of lawful commerce
though it belongs to a third person shall be
destroyed;
5.) If the government (trial court) did not order
any confiscation of the proceeds of the
crime, the government cannot appeal as
that would increased the penalty already
imposed and the defendant would be
placed in double jeopardy.
CHAPTER 4 -
APPLICATION OF
PENALTIES
ART. 46 – PENALTY OF
PRINCIPAL IN
CONSUMATED FELONY
 The penalty provided by law;
ART. 47 – WHEN DEATH
PENALTY IS NOT IMPOSED
1.) When the guilty person is more than 70 yrs. of
age;
2.) When upon appeal or revision of the case by
the Supreme Court eight (8) justices are
unanimous in the voting as to propriety of the
imposition of the death penalty;
3.) When the offender is a minor under 18 yrs. of
age.
4.) When the offender is a pregnant woman.
ART. 48 – WHAT IS THE
PENALTY FOR COMPLEX
CRIME?
1.) The penalty for the most serious offense
2.) Compound Crime
3.) Complex Crime Proper
 Compound Crime is one where a single act
produces two or more crimes.
 Complex Crime is one where the offender has
to commit an offense as a necessary means for
the commission of another offense.
PENALTY FOR COMPLEX
CRIME?
 Composite Crime/special Complex
Crime is one, which substance is made
up of more than one crime, but which in
the eyes of the law is only a single
indivisible offense. Ex. Robbery with
Homicide.
PENALTY FOR COMPLEX
CRIME?
 Continued Crime is one where the
offender performs a series of act violating
one and the same penal provision
committed at the same place and about
the same time for the same criminal
purpose, regardless of a series of acts
done, it is regarded in a law as one.
ART. 49 – PENALTY TO BE
IMPOSED UPON THE
PRINCIPALS WHEN THE
CRIME COMMITTED IS
DIFFERENT FROM THE
INTENDED
1.) If the penalty of the felony committed be
higher than the penalty for the offense
which the accused intended to commit,
the lower penalty shall be imposed in its
maximum period;
IMPOSED UPON THE
PRINCIPALS WHEN THE
CRIME COMMITTED IS
DIFFERENT FROM THE
INTENDED
2.) If the penalty of the felony committed be
lower than the penalty for the offense
which the accused intended to commit,
the lower penalty shall be imposed in its
maximum period;
IMPOSED UPON THE
PRINCIPALS WHEN THE
CRIME COMMITTED IS
DIFFERENT FROM THE
INTENDED
3.) If the committed also constitutes an
attempt or frustration of another crime,
and the law prescribes a higher penalty
for either of the latter, the penalty for
the attempted or frustrated crime shall
be imposed in its maximum period.
ART. 50 – PENALTY FOR PRINCIPAL IN
FRUSTRATED FELONY
-One (1) degree lower than that
prescribed for consummated felony.
ART. 51 – PENALTY FOR PRINCIPAL IN
ATTEMPTED FELONY
-Two (2) degree lower than that
prescribed for consummated felony.
ART. 52 – PENALTY FOR ACCOMPLICE
OF A CONSUMMATED FELONY
prescribed for a consummated felony
ART. 53 – PENALTY FOR ACCESSORY
OF A CONSUMMATED FELONY
-Two (2) degrees lower than that
prescribed for a consummated felony
OF A FRUSTRATED FELONY
prescribed for a frustrated felony
OF A FRUSTRATED FELONY
prescribed for a frustrated felony
OF AN ATTEMPTED FELONY
prescribed for an attempted felony
OF AN ATTEMPTED FELONY
prescribed for an attempted felony.
ART. 58 – ADDITIONAL
PENALTY UPON
ACCESSORIES COVERED BY
PAR. 3 ART. 19, WHO
SHOULD ACT WITH ABUSE
OF PUBLIC FUNCTIONS
1.) If the principal is guilty of a grave felony,
absolute perpetual disqualification;
2.) If the principal is guilty of a grave felony –
absolute temporary disqualification; and
3.) Light felonies are not included because in
such felonies, accessories are not liable.
ART. 59 – PENALTY FOR
IMPOSSIBLE CRIMES
1.) Arresto mayor or a fine from 200 to 500;
2.) In its imposition the court considers the
social danger and the degree of
criminality shown by the offender; and
3.) The penalty cannot apply if the act
performed would constitute a light
felony
ART. 60 – EXCEPTIONS TO
THE RULES ESTABLISHED
IN ARTICLES 50 TO 57
 When the law expressly prescribes the
penalty provided for a frustrated or
attempted felony, or to be imposed upon
accomplices or accessories.
ART. 61 – RULES OF
GRADUATING PENALTIES
1.) 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 Article 71
of this code.
2.) When the penalty prescribed for the
crime is composed of two indivisible
penalties or of one or more divisible
penalties to be imposed to their full
extent, the penalty next lower in degree
shall be that immediately following the
lesser of the penalties prescribed in the
respective graduated scale.
3.) When the penalty prescribed for the crime
is composed of one or two indivisible
penalties and the maximum period of
another divisible penalty, the penalty next
lower in degree shall be composed of the
medium and minimum periods of the
proper divisible penalty and the maximum
period of that immediately following in
said respective graduated scale.
4.) When the penalty prescribed for the crime is
composed of several periods, corresponding to
different divisible penalties, the penalty net
lower in degree shall be composed of the
period immediately following the minimum
prescribed and of the two next following, which
shall be taken from the penalty prescribed, if
possible; otherwise from the penalty
immediately following in the above mentioned
respective graduated scale.
5.) When the law prescribes a penalty for a
crime in some manner not specially
provided for in the four preceding rules,
the courts, proceeding by analogy, shall
impose corresponding penalties upon
those guilty as principals of the frustrated
felony, or of attempt to commit the same,
and upon accomplices and accessories.
Penalty to be imposed upon:
Penalty Prescribed for The principal in a The principal in an The accessory in a The accessory in an
the Crime frustrated crime and the attempted crime, the frustrated crime, and the attempted crime.
accomplice in a accessory in the accomplices in an
consummated crime. consummated crime, and attempted crime.
the accomplices in a
frustrated crime.
First Case Death Reclusion perpetua Reclusion temporal Prision mayor Prision correccional
2nd Case Reclusion perpetua to Reclusion temporal Prision mayor Prision correccional Arresto mayor
death
3rd Case Reclusion temporal in Prision mayor in its Prision correccional in its Arresto mayor in its Fine and arresto mayor
its maximum period to maximum period to maximum to prision maximum to prision in its minimum and
death reclusion temporal in its mayor in it medium correccional in its medium periods
medium period period medium period
4th Case Prision mayor in its Prision correccional in its Arresto mayor in its Fine and arresto mayor Fine
maximum period to maximum period to prision maximum period to in its minimum and
reclusion temporal in its mayor in its medium period prision correccional in its medium periods
medium medium period
 ART. 62 – EFFECT OF THE ATTENDANCE OF
MITIGATING OR AGGRAVATING
CIRCUMSTANCES AND OF HABITUAL
DELINQUENCY
 ART. 63 – RULES FOR APPLICATION OF

INDIVISIBLE PENALTIES (Pls. refer to
Textbook)
 ART. 64 – RULES FOR THE APPLICATION OF

PENALTIES WHICH CONTAIN THREE
PERIODS
 ART. 65 – RULE IN CASES IN WHICH THE
PENALTY IS NOT COMPOSED OF THREE
PERIODS (Note: the rules in the proceeding
article shall govern)
 ART. 66 – IMPOSITION OF FINES

-The courts may fix any amount within the
limits established by law.
 ART. 67 – PENALTY TO BE IMPOSEDWHEN

NOT ALL THE REQUISITES OF EXEMPTION
OF THE FOURTH (4th) CIRCUMSTANCES OF
ART. 12 ARE PRESENT: (Pls. see Textbook)
 ART. 68 – PENALTY TO BE IMPOSED UPON
A PERSON UNDER EIGHTHEEN (18) YRS. OF
AGE (Pls. refer to P.D. 603 as Amended)
 ART. 69 – PENALTY TO BE IMPOSED WHEN

THE CRIME COMMITTED IS NOT WHOPLLY
EXCUSABLE
 (Note: Unlawful aggression is indispensable in

self-defense, defense of relatives and defense of
stranger)
 ART. 70 – SUCCESSIVE SERVICE OF
SENTENCES
(Note: In no case shall a convicted be required
to serve more than forty-(40) yrs. in jail) See also
the three-fold rule.
 ART. 71 – GRADUATED SCALES (Pls. refer to

the text
 ART. 72 – PREFERENCE IN THE PAYMENT

OF THE CIVIL LIABILITES
(First come first serve basis, beginning with the
dates in order of time) of conviction)
 ART. 73 – PRESUMPTION IN REGARD TO
THE IMPOSITION OF ACCESSORY
PENALTIES
(The are considered or must be understood that
the accessory penalties are also imposed upon
the convict)
 ART. 74 – PENALTY HIGHER THAN

RECLUSION PERPETUA IN CERTAIN CASES
(Note: The penalty higher than reclusion
perpetua cannot be death, because the penalty
of death must be specifically imposed by law as
a penalty for a given crime)
 ART. 75 – INCREASING OR REDUCING
THE PENALTY OF FINE BY ONE OR
MORE DEGREES
 ART. 76 – LEGAL PERIOD OF

DURATION OF DIVISIBLE PENALTIES
(Must consist of three (3) periods –
Minimum, Medium, and Maximum)
ART. 77 – WHEN PENALTY IS
A COMPLEX ONE
COMPOSED OF THE THREE
DISTINCT PENALTIES
 A complex penalty is one prescribed by
law composed of three (3) distinct
penalties, each forming a period; the
lightest of them shall be the minimum,
the next the medium, and the more
severe the maximum period.
ART. 77 – WHEN PENALTY IS
A COMPLEX ONE
COMPOSED OF THE THREE
DISTINCT PENALTIES
 Ex. ART. 1114, par. 3, provides a penalty of
Prision Mayor to death. The penalty is
composed of four distinct penalties, namely
Prision Mayor, Reclusion temporal,
Reclusion Perpetua and Death. The maximum
period must be death, it being indivisible; the
medium period must be composed of prision
mayor and reclusion temporal.
CHAPTER 5 -
EXECUTION AND
SERVICE OF
PENALTIES
ART. 78 – WHEN AND HOW
PENALTY IS TO BE
EXECUTED
1.) No penalty shall be executed except by
virtue of a final judgment;
2.) A penalty shall not be executed in any
other form than that prescribed by law,
nor with any other circumstances or
incidents than those expressly
authorized thereby;
3.) Only penalty by final judgment can be
executed.
ART. 79 – SUSPENSION OF
THE EXECUTION AND
SERVICE OF THE
PENALTIES IN CASE OF
INSANITY
1.) When a convict becomes insane or imbecile
after final sentence has been pronounce, the
execution of said sentence is suspended only
as regards the personal penalty;
2.) If he recovers his reason, his sentence shall be
executed, unless the penalty has prescribed;
THE EXECUTION AND
SERVICE OF THE
PENALTIES IN CASE OF
INSANITY
3.) Even if while above provisions shall be
observe; and
4.) But the payment of his civil or pecuniary
liabilities shall not be suspended.
 ART. 80 (This is already amended by
P.D 603)
 ART. 81 – WHEN AND HOW THE

DEATH PENALTY IS TO BE EXECUTED
- A convict sentenced to death may make
a will.
THE EXECUTION OF THE
DEATH SENTENCE
1.) Woman within three years following the date of
the sentence;
2.) Woman, while pregnant
3.) Person over 70 years of age;
4.) Convict who becomes insane after final
sentenced of death has been pronounced.
(See Art. 79) But when he recovers his reason
and before the penalty has prescribed, he may
be put to death.
ART. 84 – PLACE OF
EXECUTION AND PERSONS
WHO MAY WITNESS THE
SAME
 It should be at Bilibid or Penitentiary
closed to the public view and shall be
witnessed only by the parties assisting
the offender like the priest, his lawyers
and his relatives not exceeding six and
by such other persons as the Director of
Prisons may authorize.
 ART. 85 – PROVISIONS RELATIVE TO THE
CORPSE OF THE PERSON EXECUTED AND
IT’S BURIAL
-The burial of the body of the person sentenced
to death should not be held with pomp
 ART. 86 – RECLUSION PERPETUA,

RECLUSION TEMPORAL, PRISION MAYOR
CORRECCIONAL AND ARRESTO MAYOR.
-These penalties shall be served in the places
and penal establishment provided by law in the
future
ART. 87 – DISTIERRO – Not
allowed staying in a place
where the court not allowed
you to stay
– not more than 250 kilometers and not
less than 25 kilometers.
ART. 87 – DISTIERRO – Not
allowed staying in a place
where the court not allowed
you to stay
The penalty is imposed when:
1.) When death or physical injuries is caused or
are inflicted under exceptional circumstances
(Art. 247)
2.) When a person falls to give bond for good
behavior (Art. 284);
3.) As a penalty for the concubine in the crime of
concubinage (Art. 334)
4.) When after lowering the penalty degrees,
destierro is the proper penalty.
ART. 88 – ARRESTO
MENOR
1.) This article provides that the penalty of
arresto menor may be served in the house
of the defendant.
2.) The grounds are the health of the offender
and other reasons satisfactory to the court.
TITLE FOUR
TOTAL EXTINCTION OF
CRIMINAL LIABILITY
CHAPTER 1 – TOTAL
EXTINCTION OF CRIMINAL
LIABILITY
ART. 89 – HOW CRIMINAL
LIABILITY IS TOTALLY
EXTINGUISHED?
1.) by the death of the convict, as to the personal
penalties; and as to the pecuniary penalties,
liability therefore is extinguished only when
the death of the offender occurs before final
judgment;
2.) by service of the sentence;
3.) by amnesty, which completely extinguishes
the penalty and all its effects;
ART. 89 – HOW CRIMINAL
LIABILITY IS TOTALLY
EXTINGUISHED?
4.) by absolute pardon;
5.) by prescription of the crime;
6.) by prescription of the penalty
7.) by the marriage of the offended woman,
as provided in Art. 344. RPC
ART. 90 – PRESCRIPTION
OF CRIMES
1.) Death, reclusion perpetua or temporal –
20 years
2.) Afflictive penalties – 15 years
3.) Correctional penalty (except arrestor
mayor) – 5 years
4.) Crime of libel – 1 year
5.) Oral defamation and slander by deed – 6
months
6.) Light offenses – 2 months
ART. 91 – COMPUTATION OF
PRESCRIPTION OF
OFFENSES
1.) The period of prescription commences
to run from the day on which the crime
is discovered by the offended party, the
authorities or their agents;
2.) It is interrupted by the filing of the
complaint or information;
PRESCRIPTION OF
OFFENSES
3.) It commences to run again when such
proceedings terminate without the
accused being convicted or acquitted or
are unjustifiably stopped for any reason
not imputable to him; and
4.) The term of prescription shall not run
when the offender is absent from the
Philippines.
ART. 92 – WHEN AND HOW
PENALTIES PRESCRIBED
1.) Death and reclusion perpetua prescribed in
twenty (20) years;
2.) Other afflictive penalties, in fifteen years;
3.) Correcional penalties, in ten years, with the
exemption of the penalty of arresto mayor,
which prescribes in five years; and
4.) Light penalties, in one year
THE PRESCRIPTION OF
PENALTIES
ELEMENTS:
1.) That the penalty is imposed by final
sentenced;
2.) That the convict evaded the service of
the sentence by escaping during the term
of his sentence;
THE PRESCRIPTION OF
PENALTIES
3.) That the convict who escaped from
prison has not given himself up, or been
captured or gone to a foreign country
which we have no extradition treaty, or
committed another crime;
THE PRESCRIPTION OF
PENALTIES
4.) That the penalty has prescribed, because
of the lapse of time from the date of the
evasion of the service of the sentence by
the convict.
Note: The period of prescription of penalties
commences to run from the date when
culprit evaded the service of his sentence.
CHAPTER 2 - PARTIAL
EXTINCTION OF
CRIMINAL LIABILITY
ART. 94 – PARTIAL
EXTINCTION OF CRIMINAL
LIABILITY
1.) By conditional pardon;
2.) By commutation of the service of the
service of sentence;
3.) For good conduct allowance which the
culprit may earn while he is serving his
sentence.
ART. 95 – OBLIGATION
INCURRED BY A PERSON
GRANTED CONDITIONAL
PARDON
1.) He must comply strictly with the conditions imposed in
the pardon;
2.) Failure to comply with the conditions shall result in the
revocation of the pardon, and which results to the
order of his arrest and reincarceration;
3.) He becomes liable under Art. 159. This is the judicial
remedy.
(ART. 159 – Other cases of evasion of service of
sentence).
ART. 96 – EFFECT OF
COMMUTATION OF
SENTENCE
 The commutation of the original sentence
for another of a different length and
nature shall have the legal effect of
substituting the latter in the place of the
former.
ART. 97 – ALLOWANCE
FOR GOOD CONDUCT
1.) During the first two years of his
imprisonment, he shall be allowed a
deduction of five days for each month of
good behavior;
2.) During the third to fifth year, inclusive of
his imprisonment, he shall be allowed a
deduction of eight days for each month
of good behavior;
ART. 97 – ALLOWANCE
FOR GOOD CONDUCT
3.) During the following years until tenth
year, inclusive, of his imprisonment, he
shall be allowed a deduction of ten (10)
days for each month of good behavior;
and
4.) During the eleventh (11) successive
years of his imprisonment, he shall be
allowed a deduction of fifteen days for
each month of good behavior.
ART. 98 – SPECIAL TIME
ALLOWANCE FOR
LOYALTY
 It is deduction of 1/5 of the period of the
sentence of a prisoner, who having evaded
the service of his sentence during the
calamity or catastrophe mentioned in Art.
158, gives himself up to the authorities
within 48 hours following the issuance of the
proclamation by the President announcing
the passing away of the calamity of
catastrophe.
ART. 99 – WHO GRANTS
TIME ALLOWANCE
 The allowance for good behavior is not
an automatic right. It must be granted by
the Director of Prisons, and once granted
cannot be revoked, and is exclusively
vested in the Director of Prisons.
TITLE FIVE
CIVIL LIABILITY
CHAPTER 1 – PERSONS
CIVILLY LIABLE FOR
FELONIES
ART. 100 – CIVIL LIABILITY
OF A PERSON GUILTY OF A
FELONY
 Generally, every person criminally liable
for a felony is also civilly liable.
ART. 101 – RULES
REGARDING CIVIL
LIABILITY IN CERTAIN
CASES
EXCEPTIONS:
 There is no civil liability in par. 4 of Art. 12
which provides for injury caused by mere
accident;
 There is no civil liability in par. 7 of Art.
Which provided for failure to perform an
act required by law when so prevented by
some lawful or insuperable cause.
ART.102 – SUBSIDIARY
CIVL LIABILITY OF
INKEEPERS, TAVERN-
KEEPERS, AND
PROPRIETORS OF
ESTABLISHMENT
ART.102
ELEMENTS UNDER PAR. 1:

1.) That the innkeeper, tavern-keeper or
proprietor of establishment or his employee
committed a violation of municipal ordinance or
some general or special police regulation;
2.) That a crime is committed in such inn, tavern
or establishment;
3.) That the person criminally liable is insolvent.
ART.102
ELEMENTS UNDER PAR. 2:
1.) The guest notified in advance the innkeeper or
the person representing him of the deposit of
their good within the inner house;
2.) The guest followed the directions of the
innkeeper or his representative with respect to
the care of and vigilance over such goods;
3.) Such goods of the guest lodging therein were
taken by robbery with force upon things or theft
committed within the inn or house.
When all the above-elements are present the

innkeeper is subsidiary liable.
ART. 103 – SUBSIDIARY
CIVIL LIABILITY OF CLEAR
PERSONS
ELEMENTS:
1.) The employer, teacher, person or corporation is
engaged in any kind of industry;
2.) Any of their servants, pupils, workmen,
apprentices or employees commits a felony
while in the discharge of his duties;
3.) The said employee is insolvent and has not
satisfied his civil liability.
In this case, when all these elements are present,

the employer or teacher is subsidiarily liable.
CHAPTER 2 - WHAT
CIVIL LIABILITY
INCLUDES
ART. 104 – WHAT IS
INCLUDED IN CIVIL
LIABILITY?
1.) Restitution;
2.) Reparation of the damaged caused;
and
3.) Indemnification for consequential
damages.
ART. 104 – WHAT IS
INCLUDED IN CIVIL
LIABILITY?
Examples:
1.) Restitution – in theft, the culprit is duty and
return the property stolen;
2.) Reparation – in case of inability to return the
property stolen, the culprit must pay the value
of the property stolen; on case of physical
injuries, the reparation of the damaged caused
would consist in the payment of hospital bills
and doctor’s fees to the offended party; and
3.) Indemnification for consequential damages –
the loss of his salary or earning capacity.
 ART 105 – RESTITUTION
 ART. 106 – REPARATION
 ART. 107 INDEMNEFICATION – WHAT

IS INCLUDED)
Indemnification for consequential
damages shall include not only those
caused the injured party, but also those
suffered by his family or by a third person
by reason of the crime.
ART. 108 – OBLIGATION
TO MAKE RESTORATION,
REPARATION FOR
DAMAGES, OR
INDEMNIFICATION FOR
CONSEQUENTIAL
DAMAGES & ACTION TO
DEMAND THE SAME
ART. 108
1.) The heir of the person liable has no obligation

if restoration is not possible and the
deceased left no property.
2.) Civil liability is possible only when the offender

dies after final judgment.
ART. 109 – SHARE OF EACH
PERSON CIVILY LIABLE
 If there are two more persons civilly liable
for a felony, the Courts shall determine
the amount for which each must respond.
ART. 110
SEVERAL AND
SUBSIDIARY LIABILITY OF
PRINCIPALS,
ACCOMPLICES AND
ACCESSORIES OF
FELONY, PREFERENCE IN
PAYMENT.
ART. 110
1.) Each within their respective class, shall

be liable severally (in solidum) among
themselves for their quotas, and
subsidiarily for those of the other
persons liable.
2.) The subsidiary liability shall be enforced,
first against the property of principals;
next against that of the accessories.
ART. 110
3.) Whenever the liability in solidum or the

subsidiary liability has been enforced,
the person by whom payment has been
made shall have the right of action
against the others for the amount of
their respective shares.
ART. 111 – OBLIGATION TO
MAKE RESTITUTION IN A
CERTAIN CASE
1.) Any person who has participated gratuitously in
the proceeds of a felony shall be found to make
restitution in an amount equivalent to the extent
of such participation.
2.) The person who participated gratuitously in the
proceeds of a felony referred to in this article is
not criminally liable;
3.) The person participated gratuitously must not be
an accessory. (or violate of the Provisions of P.D
1612 – Anti Fencing Law of 1979)
CHAPTER 3-
EXTINCTION AND
SURVIVAL OF CIVIL
LIABILITY
ART. 112 – EXTINCTION
OF CIVIL LIABILITY
CIVIL LIABILITY IS EXTINGUISHED IN THE
FOLLOWING:
1.) By payment or performance;
2.) By loss of the thing due
3.) By the condonation or remission of the debt;
4.) By the confusion or merger of the rights of
creditor and debtor;
5.) By compensation;
6.) By novation
SATISFY CIVIL LIABILITY
 Except in case of extinction of his civil liability as
provided in the next proceeding article, the
offender shall continue to be obliged to satisfy the
civil liability resulting from the crime committed by
him, notwithstanding the fact he has served his
sentence consisting of deprivation of liberty or
other rights, or has not been required to serve the
same by reason of amnesty, pardon,
commutation of sentence, or any other reason.:
SATISFY CIVIL LIABILITY
1.) While amnesty wipes out all traces and
vestiges of the crime it does not
extinguish the civil liability of the
offender.
2.) A pardon shall in no case exempt the
culprit from the payment of the civil
indemnity imposed upon him by the
sentence. (Art. 36. 36, par. 2)

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REVIEW MODULE

Adultery and concubinage are crimes

When the Spanish Colonizers came,

 A Filipino, Rafael Del Pan, made the so

-Common Law Crimes are wrongful

2.) Acts of the Philippine Legislature, National

 A penal law is liberally constructed in

2.) Penalties including liability

3.) Specific Felonies and their Penalties (Arts.

ELEMENTS OF DOLO ELEMENTS OF CULPA

1.) Committing a felony (delito) although

 Aberratio Ictus (Mistake in Blow)

 Praeter Intentionem (The act exceeds

1.) If the act charged is not punished by

2.) In case of excessive penalty.

1.) Consummated Felony, A Felony is

2.) Frustrated Felony, A felony is

3.) Attempted Felony, There is an attempt

2.) Conspiracy and Proposal to commit

 Conspiracy exists when two or more

 Proposal, There is a proposal when the

Not Punishable Except:

4.) State of necessity

b.) the injury feared be greater than that

c.) there be no other practical and less

6.) Obedience to superior order for a

The confession of guilt must be made prior to

 Degree of instruction or education of

 ART. 63 – RULES FOR APPLICATION OF

 ART. 64 – RULES FOR THE APPLICATION OF

 ART. 66 – IMPOSITION OF FINES

 ART. 67 – PENALTY TO BE IMPOSEDWHEN

 ART. 69 – PENALTY TO BE IMPOSED WHEN

 (Note: Unlawful aggression is indispensable in

 ART. 71 – GRADUATED SCALES (Pls. refer to

 ART. 72 – PREFERENCE IN THE PAYMENT

 ART. 74 – PENALTY HIGHER THAN

 ART. 76 – LEGAL PERIOD OF

 ART. 81 – WHEN AND HOW THE

 ART. 86 – RECLUSION PERPETUA,

ELEMENTS UNDER PAR. 1:

When all the above-elements are present the

In this case, when all these elements are present,

 ART. 106 – REPARATION

 ART. 107 INDEMNEFICATION – WHAT

1.) The heir of the person liable has no obligation

2.) Civil liability is possible only when the offender

1.) Each within their respective class, shall

3.) Whenever the liability in solidum or the

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