2.

RP and RT

Criminal Law Book 1 Articles 41 – 50 3. PM

Art. 41. Reclusion perpetua and reclusion temporal. — Their accessory penalties. — The 4. PC
penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil
interdiction for life or during the period of the sentence as the case may be, and that of
 The accessory penalties in Art 40-44 must be suffered by the offender, although
perpetual absolute disqualification which the offender shall suffer even though pardoned
pardoned as to the principal penalties. To be relieved of these penalties, they must be
as to the principal penalty, unless the same shall have been expressly remitted in the
expressly remitted in the pardon.
pardon.
 No accessory penalty for destierro
 Persons who served out the penalty may not have the right to exercise the right of
suffrage. For a prisoner who has been sentenced to one year of imprisonment or
more for any crime, absolute pardon restores to him his political rights. If the
Art. 42. Prision mayor — Its accessory penalties. — The penalty of prision mayor, shall penalty is less than one year, disqualification does not attach except if the crime
carry with it that of temporary absolute disqualification and that of perpetual special done was against property.
disqualification from the right of suffrage which the offender shall suffer although  The nature of the crime is immaterial when the penalty imposed is one year
pardoned as to the principal penalty, unless the same shall have been expressly remitted imprisonment or more.
in the pardon.  The accessory penalties are understood to be always imposed upon the offender by
the mere fact that the law fixes a certain penalty for the crime. Whenever the courts
impose a penalty which by provision of law, carries with it other penalties, it’s
understood that the accessory penalties are also imposed.
Art. 43. Prision correccional — Its accessory penalties. — The penalty of prision  the accessory penalties do not affect the jurisdiction of the court in which the
correccional shall carry with it that of suspension from public office, from the right to information is filed because they don’t modify or alter the nature of the penalty
follow a profession or calling, and that of perpetual special disqualification from the provided by law. What determines jurisdiction in criminal cases is the extent of the
right of suffrage, if the duration of said imprisonment shall exceed eighteen months. The principal penalty w/c the law imposes of the crime charged.
offender shall suffer the disqualification provided in the article although pardoned as to  the MTC has exclusive jurisdiction over offenses punishable with imprisonment of
the principal penalty, unless the same shall have been expressly remitted in the pardon. not exceeding 4 years and 2 months or a fine of not more than 4000 or both
regardless of other imposable accessory or other penalties.

Art. 44. Arresto — Its accessory penalties. — The penalty of arresto shall carry with it
that of suspension of the right too hold office and the right of suffrage during the term of Art. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. —
the sentence. Every penalty imposed for the commission of a felony shall carry with it the forfeiture of
the proceeds of the crime and the instruments or tools with which it was committed.
 Outline of accessory penalties inherent in principal penalties
Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the
1. death – if not executed because of commutation or pardon Government, unless they be property of a third person not liable for the offense, but
those articles which are not subject of lawful commerce shall be destroyed.

1. perpetual absolute disqualification

2. civil interdiction during 30 years (if not expressly remitted in the pardon)  every penalty imposed carries with it the forfeiture of the proceeds of the crime and
3. civil interdiction for life or during the sentence the instruments or tools used in the commission of the crime
4. perpetual absolute disqualification (unless expressly remitted in the pardon)  proceeds and instruments/tools of the crime are confiscated in favor of the
5. temporary absolute disqualification government
6. perpetual absolute disqualification from suffrage (unless expressly remitted in the  3rd persons’ (not liable for the offense) property is not subject to confiscation and
pardon) forfeiture
7. suspension from public office, profession or calling  property not subject of lawful commerce (whether it belongs to accused or
8. perpetual special disqualification from suffrage if the duration of the imprisonment 3rd person) shall be destroyed.
exceeds 18 months (unless expressly remitted in the pardon)
  can’t confiscate/forfeit unless there’s a criminal case filed and tried, and accused is  the division of a divisible penalty (min, med, max) refers to the proper period of the
acquitted. penalty which should be imposed when aggravating or mitigating circumstances
 must indict 3rd person to order confiscation of his property attend the commission of the crime.
 instruments of the crime belonging to innocent 3rd person may be recovered
 confiscation can be ordered only if the property is submitted in evidence or placed at
the disposal of the court
 articles which are forfeited – when the order of forfeiture is already final, can’t be Art. 47. In what cases the death penalty shall not be imposed. — The death penalty shall
returned even in case of an acquittal be imposed in all cases in which it must be imposed under existing laws, except in the
 confiscation and acquittal are additional penalties. Where the penalty imposed did following cases:
not include the confiscation of the goods involved, the confiscation & forfeiture of
said goods would be an additional penalty and would amount to an increase of the 1. When the guilty person be more than seventy years of age.
penalty already imposed, thereby placing the accused in double jeopardy.
 when the accused has appealed, confiscation and forfeiture not ordered by the trial
2. When upon appeal or revision of the case by the Supreme court, all the
court may be imposed by the appellate court
members thereof are not unanimous in their voting as to the propriety of the imposition
 the government can’t appeal the modification of a sentence if the defendant did not of the death penalty. For the imposition of said penalty or for the confirmation of a
appeal. But if the defendant appeals, it removes all bars to the review and correction judgment of the inferior court imposing the death sentence, the Supreme Court shall
of the penalty imposed by the court below, even if an increase thereof should be the render its decision per curiam, which shall be signed by all justices of said court, unless
result. some member or members thereof shall have been disqualified from taking part in the
consideration of the case, in which even the unanimous vote and signature of only the
remaining justices shall be required.

Art. 46. Penalty to be imposed upon principals in general. — The penalty prescribed by  whenever the judgment of the lower court imposes the death penalty, the case shall
law for the commission of a felony shall be imposed upon the principals in the be determined by 10 justices of the court. When 10 justices fail to reach a decision
commission of such felony. (as to the propriety of the imposition of the death penalty), the penalty next lower in
degree than the death penalty shall be imposed.
Whenever the law prescribes a penalty for a felony is general terms, it shall be
understood as applicable to the consummated felony.  Death penalty not imposed in the ff cases:

 The penalty prescribed by law in general terms shall be imposed: a) when the person is more than 70 years old at time RTC sentenced him

a upon the principals b) when upon appeal or revision of the case by the SC, 10 justices are not unanimous in
their voting
b for consummated felony
c) when the offender is a minor under 18 yrs of age. Why? Because minority is always a
 Exception: when the law fixes a penalty for the frustrated or attempted felony. mitigating circumstance
Whenever it is believed that the penalty lower by one or two degrees corresponding
to said acts of execution is not proportionate to the wrong done, the law fixes a  Justification for the death penalty: social defense and exemplarity. Not considered
distinct penalty for the principal in the frustrated or attempted felony. cruel and unusual because does not involve torture or lingering death.
 The graduation of penalties refers to:
 Crimes where death penalty is imposed:
a stages of execution (consummated, frustrated, attempted)
a) treason
b degree of the criminal participation of the offender (principal, accomplice, accessory)
b) certain acts of espionage under Commonwealth Act 616
c) correspondence w/ hostile country when it contains notice or information and the 2) that the single act produces
intention of the offender is to aid the enemy
a) 2 or more grave felonies
d) qualified piracy
b) one or more grave and one or more less grave felonies
e) certain violations of the Anti-subversion act
c) 2 or more less grave felonies
f) parricide

g) murder
b) complex crime proper – when an offense is a necessary means for committing another
h) kidnapping and serious illegal detention
Requisites:
i) robbery w/ homicide
1) that at least 2 offenses are committed
j) rape w/ homicide
2) that one or some of the offenses must be necessary to commit the other
k) when death resulted from the commission of arson or other crime involving destruction
3) that both or all the offenses must be punished under the same statute
 trial court must require the prosecution to present evidence, despite plea of guilty,
when the crime charged is punished by death. A sentence of death is valid only if it  No single act in the following cases:
is susceptible of a fair and reasonable examination by the court. This is impossible if
no evidence of guilt was taken after a plea of guilty.
a) When 2 persons are killed one after the other, by different acts, although these 2 killings
were the result of a single criminal impulse, the different acts must be considered as distinct
crimes.

Art. 48. Penalty for complex crimes. — When a single act constitutes two or more grave b) When the acts are wholly different, not only in themselves, but also because they are
or less grave felonies, or when an offense is a necessary means for committing the other, directed against 2 different persons, as when one fires his gun twice in succession, killing one
the penalty for the most serious crime shall be imposed, the same to be applied in its and injuring the other.
maximum period.

 Light felonies produced by the same act should be treated and punished as separate
 The 2 or more grave or less grave felonies must be the result of a single act, or an offenses or may be absorbed by the grave felony.
offense must be a necessary means to commit the crime.
Examples:
 Complex crime – one crime only as there is only one criminal intent – only one
information need be filed.
a) several light felonies resulting from one single act – not complex

 2 kinds of complex crimes: Juan hit Pedro’s car, resulting in several light injuries and light felony of damage to property.
No complex crime because the crime of slight physical injuries and damage to property are
a) compound crime – single act constitutes 2 or more grave or less grave felonies light felonies. There are as many crimes as there are persons injured w/ light physical injuries
and as many penalties as there are light felonies committed, even though they are produced by
Requisites: a single act of the offender.

1) that only one single act is committed by the offender b) when the crime is committed by force or violence, slight physical injuries are absorbed.
  Examples of complex crimes:  Not complex crime when trespass to dwelling is a direct means to commit a grave
offense. Like rape, there is no complex crime of trespass to dwelling with rape.
a) Juan was a barangay captain who was killed while discharging his duty, the crime is a Trespass will be considered as aggravating (unlawful entry or breaking part of a
complex crime of homicide w/ assault upon a person of authority. dwelling)
 No complex crime when one offense is committed to conceal another
b) Juan raped Petra, causing her physical injuries w/c required a month’s worth of medical
attention. This is a complex crime of rape w/ less serious physical injuries. The injuries were Example: Juan set the school on fire after committing homicide. 2 crimes.
necessary to the commission of the rape.
 When the offender had in his possession the funds w/c he misappropriated, the
 when in obedience to an order, several accused simultaneously shot many persons, falsification of a public or official document involving said funds is a separate
without evidence how many each killed, there is only a single offense, there being a offense. But when the offender had to falsify a public or official document to obtain
single criminal impulse. possession of the funds w/c he misappropriated, the falsification is a necessary
 when various acts are executed for the attainment of a single purpose w/c constitutes means to commit the malversation.
an offense, such acts must be considered only as one offense.  There is no complex crime of rebellion with murder, arson, robbery or other
common crimes. They are mere ingredients of the crime of rebellion – absorbed
already.
Example: Juan falsified 100 warehouse receipts from April to June which enabled him to
swindle the bank of 100 million. There’s only one complex crime of estafa through multiple  When 2 crimes produced by a single act are respectively within the exclusive
falsification of documents. jurisdiction of 2 courts of different jurisdiction, the court of higher jurisdiction shall
try the complex crime.

 There is no complex crime of arson w/ homicide

Example: Although the forcible abduction which was supposedly commenced in Manila was
 Art 48 is applicable to crimes through negligence not proven, and although the rape which was proven was actually committed in Cavite, still
the RTC of Manila had jurisdiction to convict the accused of rape. The complex crime of
Example: Juan lit a cigarette as he poured gas in the tank of his car in his garage. The gas forcible abduction with rape was charged in the complaint on the basis of which the case was
caught fire and the house burned. His sister died and the maid suffered serious physical tried.
injuries. The crimes of arson, homicide, serious physical injuries and damage to property
constitute a complex crime. There is only one penalty but there are 3 civil liabilities.
 Art. 48 is intended to favor the culprit.
 The penalty for complex crime is the penalty for the most serious crime, the same to
 No complex crime when one of the offenses is penalized by a special law be applied in its maximum period. If the different crimes resulting from one single
 Example of complex crime proper (at least 2 crimes must be committed): act are punished with the same penalty, the penalty for any one of them shall be
imposed, the same to be applied in the maximum period. The same rule shall be
Kidnapping the victim to murder him in a secluded place – ransom wasn’t paid so victim was observed when an offense is a necessary means to commit the other.
killed. Kidnapping was a necessary means to commit murder. But where the victim was taken  A complex crime of the second form may be committed by two persons.
from his home for the sole purpose of killing him and not for detaining him illegally or for the  But when one of the offenses, as a means to commit the other, was committed by
purpose of ransom, the crime is simple murder. one of the accused by reckless imprudence, the accused who committed the crime by
reckless imprudence is liable for his acts only.
 “Necessary means” does not mean “indispensable means”. Indispensable would
mean it is an element of the crime. The crime can be committed by another mean. Example: Juan cooperated in the commission of the complex offense of estafa through
The means actually employed (another crime) was merely to facilitate and insure the falsification by reckless imprudence by acts without which it could not have been
consummation of the crime. accomplished, and this being a fact, there would be no reason to exculpate him from liability.
Even assuming he had no intention to defraud Tomas if his co-defendants succeeded in
attaining the purpose sought by the culprits, Juan’s participation together w/ the participation
 When in the definition of a felony, one offense is a means to commit the other, there of his co-defendants in the commission of the offense completed all the elements necessary for
is no complex crime. the perpetration of the complex crime of estafa through falsification of documents.

Ex. Murder committed by means of fire. Murder can be qualified by the circumstance of fire  When two felonies constituting a complex crime are punishable by imprisonment
so no complex crime even if Art 321 and 324 punishes arson. It’s plain and simple murder. and fine, respectively, only the penalty of imprisonment shall be imposed.
  When a single act constitutes two grave or less grave or one grave and another less PLURALITY OF CRIMES RECIDIVISM
grave, and the penalty for one is imprisonment while that for the other is fine, the No conviction of the crimes committed There must be conviction by final judgment of
severity of the penalty for the more serious crime should not be judged by the the first prior offense
classification of each of the penalties involved, but by the nature of the penalties.

 Formal/ideal plural crimes are divided into 3 groups: (a person committing multiple
Example: Even if the fine for damage to property through reckless imprudence is P40,000, an crimes is punished w/ one penalty in the ff cases)
afflictive penalty, and the penalty for the physical injuries resulting from the same act is only 4
mos of arresto mayor, a correccional penalty may be imposed.
a) when the offender commits any of the complex crimes defined in art 48

 In the order of severity of the penalties, arresto mayor and arresto menor are
considered more severe than destierro and arresto menor is higher in degree than b) when the law specifically fixes a single penalty for 2 or more offenses committed:
destierro. robbery w/ homicide, kidnapping w/ serious physical injuires
 Fine is not included in the list of penalties in the order of severity and it is the last in
the order. c) when the offender commits continued crimes

 Art 48 applies only to cases where the Code doesn’t provide a specific penalty for a  Continued crimes – refers to a single crime consisting of a series of acts but all
complex crime. arising from one criminal resolution. Although there is a series of acts, there is only
 Art 48 doesn’t apply when the law provides one single penalty for single complex one crime committed, so only one penalty shall be imposed.
crimes like the ff:  Examples of continued crimes:

a) robbery w/ homicide a) a collector of a commercial firm misappropriates for his personal use several amounts
collected by him from different persons. There is only one crime because the different and
successive appropriations are but the different moments during which one criminal resolution
b) robbery w/ rape
arises.

c) kidnapping w/ serious physical injuries

b) Juan stole 2 books belonging to 2 different persons. He commits only one crime because
there is unity of thought in the criminal purpose of the offender.
d) rape w/ homicide
 A continued crime is not a complex crime as offender does not perform a single act
 When a complex crime is charged and one offense is not proven, the accused can be but a series of acts. Therefore:
convicted of the other.
 Plurality of crimes – consists in the successive execution by the same individual of a) penalty not to be imposed in the maximum
different criminal acts upon any of w/c no conviction has yet been declared.
 Kinds of plurality of crimes:
b) no actual provision punishing a continued crime – it’s a principle applied in connection
w/ 2 or more crimes committed w/ a single intention.
a) formal or ideal – only one criminal liability
 Continued crime is different from a transitory crime. Transitory crime is “moving
b) real or material – there are different crimes in law as well as in the conscience of the crime”.
offender, in such cases, the offender shall be punished for each and every offense that he
committed.
Example: kidnapping someone for ransom and moving him to another venue. The offenders
can be prosecuted and tried in either of the 2 areas.
Example: Juan stabbed Pedro, then Juan stabbed Tomas too. There are 2 committed as 2 acts
were performed.
REAL/MATERAIAL PLURALITY CONTINUED CRIME 2. In Art. 49 (Paragraphs 1 and 2) the lower penalty in its maximum period is always
There is a series of acts performed by the Same imposed.
offender 3. In Par. 3 the penalty for the attempted or frustrated crime shall be imposed in its
Each act performed constitutes a separate crime Different acts constitute only one crime maximum period. This rule is not necessary and may well be covered by Art. 48, in
because each act is generated by a criminal because all of the acts performed arise from view of the fact that the same act also constitutes an attempt or a frustration of
another crime.
impulse one criminal resolution.

Art. 50. Penalty to be imposed upon principals of a frustrated

Art. 49. Penalty to be imposed upon the principals when the crime committed is different
from that intended. — In cases in which the felony committed is different from that
which the offender intended to commit, the following rules shall be observed: crime. — The penalty next lower in degree than that prescribed by law for the
consummated felony shall be imposed upon the principal in a frustrated felony.
1. If the penalty prescribed for the felony committed be higher than that
corresponding to the offense which the accused intended to commit, the penalty
corresponding to the latter shall be imposed in its maximum period.
hall be imposed upon the principal in a frustrated felony.
2. If the penalty prescribed for the felony committed be lower than that
corresponding to the one which the accused intended to commit, the penalty for the
former shall be imposed in its maximum period.

3. The rule established by the next preceding paragraph shall not be applicable if
the acts committed by the guilty person shall also constitute an attempt or frustration of
another crime, if the law prescribes a higher penalty for either of the latter offenses, in
which case the penalty provided for the attempted or the frustrated crime shall be
imposed in its maximum period.

 Art 49 has reference to the provision in the 1st par of Art 4 which provides that
criminal liability shall be incurred “by any person committing a felony although the
wrongful act done be different from that which he intended”
 Art 49 applicable only in cases when there is a mistake in identity of the victim of
the crime and the penalty for the crime committed is different from that for the
crime intended to be committed.
 Art 49 also has no application where a more serious consequence not intended by
the offender befalls the same person.

Example: Juan only wanted to inflict a wound upon Pedro but because he lost control of his
right arm, he killed Pedro. Art 49 not applicable.

ART 49 ART 48
Lesser penalty to be imposed in its maximum Penalty for the more serious crime shall be
pd imposed in its maximum pd

Notes:

1. Art. 49 has reference to Art. 4(1). It applies only when there is error in personae.