1

CRIMINAL LAW BOOK 1 -those punishable by Special laws. An illegal act

which does not amount to a crime as defined in the
Is that branch of public law which defines crimes Penal Code.
treats of their nature and provides for their
punishment. Infraction
- violation of city or municipal ordinances.
a. Criminal Law
b. Criminal Procedure Is an act or omission punishable by the Revised
c. Evidence Penal Code.
d. Criminal Justice System
a. Misdemeanor
Is that branch of public law which defines crimes b. Offense
treats of their nature and provides for their c. Felony
punishment. d. Infraction

a. Criminal Law Is an act or omission punishable by the Revised

b. Criminal Procedure Penal Code.
c. Evidence
d. Criminal Justice System a. Misdemeanor
b. Offense
Criminal Procedure c. Felony
d. Infraction
is the method prescribed by law for the
apprehension and prosecution of persons accused The following are example of a felony Except?
of any criminal offense, and for their punishment,
in case of conviction. a. Homicide
b. Treason
In other words, it “regulates the steps by which c. Cybercrime
one who committed a crime is to be punished. d. Robbery

The following are example of a felony Except?

Evidence
a. Homicide - Article 249
is the means, sanctioned by these rules, of b. Treason - Article 114
ascertaining in a judicial proceeding the truth c. Cybercrime - RA 10175
respecting a matter of fact. d. Robbery - Article 293

Is the means, sanctioned by these rules, of SOURCES OF PHILIPPINE CRIMINAL

ascertaining in a judicial proceeding the truth LAW
respecting a matter of fact.
1. Act 3815 known as the Revised Penal Code
a. Criminal Law
b. Criminal Procedure 2. Special Penal Laws passed by the Philippine
c. Evidence Commission, Philippine Assembly, Philippine
d. Criminal Justice System Legislature, National Assembly, the Congress of
the Philippines and the Batasang Pambansa

Is the means, sanctioned by these rules, of 3. Presidential Decrees issued by President Marcos
ascertaining in a judicial proceeding the truth
respecting a matter of fact. 4. Ordinances of Municipalities or Cities (LGU's)

a. Criminal Law 5. Executive Orders of President Corazon C.

b. Criminal Procedure Aquino
c. Evidence
d. Criminal Justice System
1. Revised Penal Code

Crime The Revised Penal Code consists of Book I and II.

is an act committed or omitted in violation of a
public law forbidding or commanding it Book I covers Article 1 - 113, while book II covers
Article 114 - 365.

Felony
- is an act or omission punishable by the Revised 2. Special Penal Laws
Penal Code
Criminal Laws enacted by Congress to meet the
Offense exigencies of time.
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These Penal Laws are the result of exercise of the enact their own local laws in the exercise of their
State of its police power to regulate and control delagated police power (RA 7160, Section 16).
some activities or conducts which may be harmful Such laws shall be applicable only on their
or hazardous to the society. Such will ensure respective local territorial jurisdiction. These laws
public order and safety and promote the welfare of are referred to as an ORDINANCE. It has the
our society. force and effect of law.

This is in conformity with the principle in criminal ORDINANCES are necessary to regulate certain
law that " No crime where there is no law activities or conducts which may be harmful or
punishing it." ( Nullum Crimen, nulla poena sine pose a hazard or threat to the public safety and
lege) tranquility of their respective communities.

As a general rule, this is referred to as Different LGU's have different and varied
Mala Prohibita - that is, they are not really wrong problems unique to their own culture, customs,
by nature but for the purpose of achievement an topography or way of life which only the LGU
orderly society, they have to be controlled or concern could better understand and, hence, in a
regulated. better position to provide the proper solutions.

Only Congress under our Constitution has the Ex.

power to enact, amend, modify or repeal a 1. The ordinance providing curfew hours for
(Criminal) law. Hence, only Congress has the minors, providing payment of fines and/or
power to define and punish an act. This power of imprisonment for its violations.
Congress is referred to as the Legislative Power.
2. Ordinance on Anti-Littering, Jay walking, etc.
CONSTITUTIONAL LIMITATIONS ON
POWER OF CONGRESS TO ENACT PENAL 5.Executive Orders of President Corazon C.
LAWS Aquino

1. The law must observe both substantive and

procedural due process
2. The law must be general in application All are sources of Criminal Law Except?
3. The law should not impose cruel and unusual
punishment or excessive fines a. Act 3815 known as the Revised Penal Code
4. The law should not operate as a bill of attainder
or as an ex post facto b. Special Penal Laws

Note: c. Presidential Decrees issued by President Marcos

Ex Post Facto Law d. Ordinances of Municipalities or Cities (LGU's)

- is a law that makes criminal an act done before
the passage of the law and which was innocent e. Executive Orders of President Corazon C.
when done, and punishes such an act; it may also Aquino
be defined as a law which aggravates a crime, or
makes it greater than it was, when committed. f. Executive Orders of President Emilio Aguinaldo

Bill of Attainder All are sources of Criminal Law Except?

- is a law which inflicts punishment without trial.
a. Act 3815 known as the Revised Penal Code

Presidential Decrees b. Special Penal Laws

These are unique laws since these laws were c. Presidential Decrees issued by President Marcos
enacted during the Martial Law era or dictatorial
regime of then President Ferdinand E. Marcos d. Ordinances of Municipalities or Cities (LGU's)
where the power of the Executive and the
Legislative branch of our government were fused e. Executive Orders of President Corazon C.
or vested in one person. Aquino

f. Executive Orders of President Emilio Aguinaldo

4. Ordinances of Municipalities or Cities
(LGU's) Is a law that makes criminal an act done before the
passage of the law and which was innocent when
Since time immemorial and thru the enactment by done, and punishes such an act; it may also be
Congress of RA. 7160, otherwise known as the defined as a law which aggravates a crime, or
"Department of Interior and Local Government makes it greater than it was, when committed.
Code" (DILG), Congress has delegated some of
its legislative power to the Sanggunian of the a. Ex post facto law
respective Local Government Units (LGU's) to b. Bill of attainder
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c. Nullum Crimen nulla poena Sine Lege or when the same be done within the halls of
d. Dura Lex Sed lex Congress.

b. Any Member of Congress may not be arrested

Is a law that makes criminal an act done before the while Congress is in session for the crime
passage of the law and which was innocent when committed where the penalty imposed by law does
done, and punishes such an act; it may also be not exceed 6 years of
defined as a law which aggravates a crime, or imprisonment. However, when the penalty for the
makes it greater than it was, when committed. crime committed be more than 6 years of
imprisonment such immunity cease, and the arrest
a. Ex post facto law may be made whether or not Congress is in
b. Bill of attainder session.
c. Nullum Crimen nulla poena Sine Lege
d. Dura Lex Sed lex Which among the following is not considered as
the exception to the Generality of Philippine
Criminal law.
CHARACTERISTICS OF CRIMINAL LAW
a. Public International Law
1. General- criminal law is binding on all persons b. Treaty Stipulation
who live or sojourn in the Philippines. c. Law on Preferential Application or Treatment,
like
2. Territorial- criminal laws are applicable only if d. Treaty of Paris
the crime is committed within Philippine territory.

3. Prospective- criminal law cannot make an act Which among the following is not considered as
punishable in a manner in which it was not the exception to the Generality of Philippine
punishable when committed. See Art 366. (The Criminal law.
law looks forward and not backwards)
a. Public International Law
Generality b. Treaty Stipulation
c. Law on Preferential Application or Treatment,
That the law is binding upon all persons residing like
or sojourning in the Philippines, regardless of their d. Treaty of Paris
age, sex, color, creed, nationality, or other personal
circumstances.
The general application of criminal law does not
apply to those cases so provided by Public
Exceptions: International Law Except?
The general application of criminal law does not
apply to those cases so provided by: , a. Sovereigns or Heads of State.
b. Ambassadors
a. Public International Law like c. Ministers Plenipotentiary and Minister resident
d. Charges d' affairs
1. Sovereigns or Heads of State. e. Attache
2. Ambassadors d. Consul
3. Ministers Plenipotentiary and Minister resident
4. Charges d' affairs
5. Attache The general application of criminal law does not
apply to those cases so provided by Public
b. Treaty Stipulations International Law Except?

1. Military bases Agreement executed between the a. Sovereigns or Heads of State.

Philippines and the United States of America with b. Ambassadors
respect to military personnels working in the c. Ministers Plenipotentiary and Minister resident
American Military Bases in the Philippines. d. Charges d' affairs
e. Attache
d. Consul
c. Law on Preferential Applications or
Treatment, like:
1. Domestic servants of a foreign diplomat duly Consul
received by the President of the Philippines (R. A.
No. 75). An official appointed by a government to live in a
foreign city and protect and promote the
2. Members of Congress. government's citizens and interests there.
a. Members of Congress shall be immune from
libel or slander while they are in the performance TERRITORIALITY
of their official function or in connection thereof - criminal laws undertake to punish crimes
committed within the Philippine territory that is, as
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a rule penal laws of the Philippines are enforceable on said vessel or aircraft is subject to the laws of
only within its territory. that foreign country. (Luis B. Reyes)

If a crime is committed onboard a foreign vessel

Extent of the Philippine Territory under the and it is a merchant vessel. There are two rules as
Revised Penal Code. jurisdiction:

Article 2 of the Revised Penal Code provides that 1. French Rule

the provisions of said code shall be enforced Crimes are not triable in the courts of that country,
within the Philippine Archipelago, including its unless their commission affects the peace and
atmosphere, its interior waters, and maritime zone. security of the territory or the safety of the state is
endangered.
Territoriality comprises four parts, they are:
1. Body of land. 2. English Rule
2. Airspace or Atmosphere Crimes are triable in that country, unless they
- It includes the airspace above all the islands merely affect things within the vessel or they refer
comprising the Philippine Archipelago. to the internal management thereof. )
3. Interior Waters -
It includes the waters connecting the islands from
one another. 2. Should forge or counterfeit any coin or currency
4. Maritime Zone note of the Philippine Islands or obligations and
- It extends to 12 miles from the outer most securities issued by the Government of the
coastline. Philipppine Islands;

Thus, any person who makes false or counterfeit

NOTE: coins (Art. 163) or forges treasury or bank notes or
other obligations and securities ( Art. 166) in a
The body of water beyond the maritime zone is foreign country may be prosecuted before our
called the “high seas” or “international waters” and courts for violation of Art. 163 or Art. 166 of the
beyond the jurisdiction of any country. RPC.

AS A RULE, under Article 2 of the Revised Penal 3. Should be liable for acts connected with the
Code, its provisions Shall be applicable only introduction into these Islands of the obligations
within the Philippine territory. and securities mentioned in the
preceding number;
BY WAY OF AN EXCEPTION: Article 2 of the
Revised Penal Code Provides that its provision
shall be enforced outside of the Philippine The reason for this provision is that the
jurisdiction. introduction of forged or counterfeited obligations
and securities into the Philippines is as dangerous
Art. 2. Application of its provisions. as the forging or counterfeiting of the same, to the
Except as provided in the treaties and laws of economical interest of the country.
preferential applications, the provisions of this
code shall be enforced not only within the
Philippine ‘Archipelago, including it atmosphere , 4. While being public officers or employees,
its interior waters and maritime zone, but also should commit an offense in the exercise of their
outside of its jurisdiction, against those who: functions;

1. Should commit an offendse while on Philippine The crimes that may be committed in the exercise
ship or airship; of public functions are direct bribery (Art. 210),
indirect bribery (Art. 211), Fraud against the
(Philippine Véssel or aircraft - must be understood public treasury (Art. 213), possession of prohibited
as that which is registered in the Philippines . interest (Art. 216), malversation of public funds or
property (Art. 217), failure of accountable officer
*A Philippine vessel or aircraft must be to render accounts (Art. 218), illegal use of public
understood as that which is registered in the funds or property (Art. 221), and falsification by a
Philippine Bureau of Customs public officer or employee committed with abuse
of his official position. (Art.171).
Thus, any person who committed a crime on board
a Philippine ship or airship while the same is When any of these felonies is committed abroad
outside of the Philippine territory can be tried by any of our public officers or employees while in
before our civil courts for violation of the Penal the exercise of his functions, he can be prosecuted
Code. here.

But when the Philippines vessel or aircraft is in the

territory of a foreign country, the crime committed
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5. Should commit any of the crimes against Among the following are considered as the
national security and the law of the nations, extraterritorial application of Criminal law except?
defined in ‘Title One of Book Two of this Code.
a. Juan committed murder while onboard
Crimes against national security Philippine ship while in the high seas.
1. Treason (Art. 114); b. Pedro a Filipino citizen while in Japan forge or
2. Conspiracy and proposal to commit treason counterfeit any coin or currency note of the
(Art. 115); Philippines.
3. Misprision of treason (Art. 116); and c. Leila a public officer assigned in America
4. Espionage (Art. 117). accepted a bribe in relation to his public function.
d. Jerson Murdered Janjan in San Carlos Laguna.
Crimes against the law of nations
1. inciting to war or giving motives for reprisals A Philippine ship while traversing the territorial
(Art. 118): waters of China, Pedro a Filipino citizen
2. Violation of neutrality (Art. 119); committed murder while onboard the said ship.
3. Corresponding with hostile country (Art.120); Which country has the right to prosecute Pedro?
4. Flight to enemy's country (Art. 121); and
5. Piracy in general and mutiny on the high seas a. China
(Art. 122) b. Philippines
c. Either of the above
d. All of the above
The provision in Article 2 embraces two scopes of
applications: A Philippine ship while traversing the territorial
Which scope of application refers to the waters of China, Pedro a Filipino citizen
application of committed murder while onboard the said ship.
the Revised Penal Code outside the Which country has the right to prosecute Pedro?
Philippine territory?
a. China
a. Intraterrritotial b. Philippines
b. Extraterritorial c. Either of the above
c. Internal d. All of the above
d. External
Thus, any person who committed a crime on board
a Philippine ship or airship while the same is
The provision in Article 2 embraces two scopes of outside of the Philippine territory can be tried
applications: before our civil courts for violation of the Penal
Which scope of application refers to the Code.
application of
the Revised Penal Code outside the But when the Philippines vessel or aircraft is in the
Philippine territory? territory of a foreign country, the crime committed
on said vessel or aircraft is subject to the laws of
a. Intraterrritotial that foreign country. (Luis B. Reyes)
b. Extraterritorial
c. Internal This characteristic provides that the law does not
d. External have any retroactive effect, except if it favors the
offender, unless he is a habitual delinquent.

(1) Intraterritorial – refers to the application of a. Generality

the Revised Penal Code within the b. Territoriality
Philippine territory; c. Prospectivity
d. Nota
(2) Extraterritorial – refers to the application of
the Revised Penal Code outside the
Philippine territory This characteristic provides that the law does not
have any retroactive effect, except if it favors the
Among the following are considered as the offender, unless he is a habitual delinquent.
extraterritorial application of Criminal law except?
a. Generality
a. Juan committed murder while onboard b. Territoriality
Philippine ship while in the high seas. c. Prospectivity
b. Pedro a Filipino citizen while in Japan forge or d. Nota
counterfeit any coin or currency note of the
Philippines.
c. Leila a public officer assigned in America 3. Irretrospectivity or Prospectivity
accepted a bribe in relation to his public function.
d. Jerson Murdered Janjan in San Carlos Laguna. That a penal law cannot make an act punishable in
a manner in which it was not punishable when
committed.
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c. The old law will apply

The law as a general rule looks forward not d. The new law will apply
backward.
RPC took effect on?
This characteristic provides that the law does not
have any retroactive effect, except if it favors the a. January 1, 1932
offender, unless he is a habitual delinquent (Art. b. December 8, 1930
22 RPC) c. February 11, 1998
d. February 14, 1998

Rules to be observed in the prospectivity or

irretrospectivity of Criminal law. RPC took effect on?

1. A penal law does not have retroactive effect. a. January 1, 1932

b. December 8, 1930 - approval
2. If favorable to the accused, a penal law maybe c. February 11, 1998
given retroactive effect; and d. February 14, 1998

3. Even if favorable to the accused, a penal law

cannot be given retroactive effect if the accused is THEORIES IN CRIMINAL LAW:
a habitual delinquent or the law so provides
(Article 22) 1.Classical (Juristic) Theory. The basis of
criminal liability is human free will and the
A law that makes chewing gum illegal and purpose of penalty is retribution. Man is a moral
requires the arrest of every person who has ever creature with an absolute free will to choose
chewed gum, even before the law existed, would between good and evil.
be an example of an?
2.Positivist (Realist) Theory. Man is subdued
a. Ex post facto law occasionally by a strange and morbid phenomenon
b. Bill of attainder which constrain him to do wrong. Crime is a social
c. Nullum Crimen nulla poena Sine Lege and natural phenomenon; it cannot be treated
d. Dura lex Sed lex therefore by the application of abstract principles
of law or by the imposition of punishment.

A law that makes chewing gum illegal and 3.Eclectic Theory. Combination of the good
requires the arrest of every person who has ever features of both classical and the positivist
chewed gum, even before the law existed, would theories.
be an example of an?

a. Ex post facto law 4.Utilitarian Theory. They espouse the idea that
b. Bill of attainder the primary function of punishment in criminal law
c. Nullum Crimen nulla poena Sine Lege is to protect society from potential and actual
d. Dura lex Sed lex wrongdoers. The retributive aspect of penal laws
should be directed against them.

Pedro was arrested for the crime of illegal

possession of drugs on June 10, 2022, at that time A theory in Criminal law which states that Man is
the old law provides 10 years of imprisonment for subdued occasionally by a strange and morbid
the said crimes then on June 11, 2022 there is a phenomenon which constrain him to do wrong.
new law amending the old law that provides 5 Crime is a social and natural phenomenon; it
years of imprisonment for the same said crime. cannot be treated therefore by the application of
Will the new law apply to Pedro? abstract principles of law or by the imposition of
punishment.
a. Yes because it is favourable to the accused.
b. No because he is a habitual Delinquent a. Classical (Juristic) Theory
c. The old law will apply b. Positivist (Realist) Theory
d. The new law will apply c. Eclectic Theory
d. Utilitarian Theory
Pedro was arrested for the crime of illegal
possession of drugs on June 10, 2022, at that time
the old law provides 10 years of imprisonment for A theory in Criminal law which states that Man is
the said crimes then on June 11, 2022 there is a subdued occasionally by a strange and morbid
new law amending the old law that provides 5 phenomenon which constrain him to do wrong.
years of imprisonment for the same said crime. Crime is a social and natural phenomenon; it
Will the new law apply to Pedro? cannot be treated therefore by the application of
abstract principles of law or by the imposition of
a. Yes because it is favourable to the accused. punishment.
b. No because he is a habitual Delinquent
 7

a. Classical (Juristic) Theory securities issued by the Government of the

b. Positivist (Realist) Theory Philippine Islands;
c. Eclectic Theory 3. Should be liable for acts connected with the
d. Utilitarian Theory introduction into these islands of the obligations
and securities mentioned in the presiding number;
4. While being public officers or employees,
CONSTRUCTION OF PENAL LAWS should commit an offense in the exercise of their
functions; or
1.Penal laws are strictly construed against the state 5. Should commit any of the crimes against
and liberally in favor of the accused national security and the law of nations, defined in
Title One of Book Two of this Code.
2.If there is a conflict between the Spanish text and
the English text, the Spanish text prevails. Rules On Crimes Committed Aboard Foreign
Merchant Vessel While Within Philippine Waters

History Of The RPC. English Rule- the crime is punishable in the

Philippines, unless the crime merely affects things
The Old Penal Code which took effect on July 14, within the vessel.
1887 until December 31, 1931.
French Rule- the crime is not triable in the courts
Administrative Order 94 of the DOJ dated October of that country, unless their commission unless
18, 1927 their commission has effects on the safety of the
coastal state.
Anacleto Diaz, Quintin Paredes, Guilermo
Guevarra, Alex Reyes and Mariano De Joya A US Warship while traversing along manila bay,
An American Soldier murdered another American
RPC approved December 8, 1930 soldier while inside the said warship. Is it triable in
Philippines?
RPC took effect January 1, 1932
a. No
b. Yes
The following are the members of the committee c. Maybe
who drafted Revised Penal Code Except? d. Secret

a. Anacleto Diaz A US Warship while traversing along manila bay,

b. Joko Diaz An American Soldier murdered another American
c. Quintin Paredes soldier while inside the said warship. Is it triable in
d. Guilermo Guevarra Philippines?
e. Alex Reyes
f. Mariano De Joya a. No
b. Yes
c. Maybe
The following are the members of the committee d. Secret
who drafted Revised Penal Code Except?
Warships are always reputed to be the territory of
a. Anacleto Diaz the country to which they belong and cannot be
b. Joko Diaz subjected to the laws of another state. A United
c. Quintin Paredes States Army transport is considered a warship.
d. Guilermo Guevarra (U.S. v. Fowler, 1 Phil. 614)
e. Alex Reyes
f. Mariano De Joya
FELONIES

Article 1. Time when Act (RPC) takes effect- Art. 3. Definitions. Acts and omissions punishable
JANUARY 1, 1932 by law are felonies (delitos).

Act- is any bodily movement tending to produce

Art. 2. Application of its provisions. Except as some effects in the external world.
provided in the treaties and laws of preferential Ex. Theft (Article 308)
application, the provisions of this Code shall be
enforced not only within the Philippine Omission- inaction, the failure to perform an act
Archipelago, including its atmosphere, its interior one is bound to do.
waters and maritime zone, but also outside of its Ex.
jurisdiction, against those who: Abandonment of persons in danger (Art. 275,
1. Should commit an offense while on a Philippine par.1)
ship or airship Illegal exaction (Art. 213, par. 2(b)
2. Should forge or counterfeit any coin or currency
note of the Philippine Islands or obligations and
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Felonies are committed not only be means of Likewise, a person who acts under the impulse of
deceit (dolo) but also by means of fault (culpa). an uncontrollable fear of an equal or greater injury
is exempt from criminal liability. (Art. 12, par. 6)
There is deceit when the act is performed with
deliberate intent and there is fault when the 2. Intelligence.
wrongful act results from Imprudence, negligence,
lack of foresight, or lack of skill. Without this power, necessary to determine the
morality of human acts, no crime can exist. Thus,
Elements of Felonies In General are the following the imbecile or the insane, and the infant under
except? nine years of age as, well as the minor over nine
but less than 15 years old and acting without
a. That there must be an act or omission discernment, have no criminal liability, because
b. That act or omission must be punishable by the they act without intelligence. (Art. 12, pars. 1, 2,
RPC and 3)
c. That the act or omission incurred by means of
dolo or culpa 3.Intent.
d. That the act or omission must be punishable by
Special laws Intent to commit the act with malice, being purely
a mental process, is presumed and the presumption
arises from the proof of the commission of an
Elements of Felonies In General are the following unlawful act.
except?
All the three requisites of voluntariness in
a. That there must be an act or omission intentional felony must be present, because “a
b. That act or omission must be punishable by the voluntary act is a free, intelligent, and intentional
RPC act.” (U.S. v. Ah Chong, 15 Phil. 488, 495)
c. That the act or omission incurred by means of
dolo or culpa
d. That the act or omission must be punishable by Requisites Of Fault Or Culpa
Special laws
1. Freedom of action
2. Intelligence
Imprudence vs. Negligence 3. Imprudent, negligent, or lack of foresight or lack
of skill
Imprudence indicates a deficiency of action.
Negligence indicates a deficiency of perception.
The following are the requisites of Fault Or Culpa
If a person fails to take the necessary precaution to Except?
avoid injury to person or damage to property, there
is imprudence. If a person fails to pay proper a. Freedom of action
attention and to use due diligence in foreseeing the b. Intelligence
injury or damage impending to be caused, there is c. Intent
negligence. d. Imprudent, negligent, or lack of foresight or lack
of skill
Negligence usually involves‘lack of foresight.
Imprudence usually involves lack of skill.
The following are the requisites of Fault Or Culpa
Except?

Requisites Of Dolo Or Malice a. Freedom of action

b. Intelligence
1. Freedom of action c. Intent
2. Intelligence d. Imprudent, negligent, or lack of foresight or lack
3. Intent of skill

1. Freedom.
Ignorantia legis non excusat-
When a person acts without freedom, he is no Ignorantia facti excusat-
longer a human being but a tool; his liability is as
much as that of the knife that wounds, or of the Mistake of fact- is a misapprehension of fact on
torch that sets fire, or of the key that opens a door, the part of the person who caused injury to
or of the ladder that is placed against the wall of a another. He is not liable for absence of criminal
house in committing robbery. intent.

Thus, a person who acts under the compulsion of Requisites Of Mistake Of Fact:
an irresistible force is exempt from criminal
liability. (Art. 12, par. 5) 1. The act would have been lawful had the facts
been as the accused believed them to be.
 9

2. The intention of the accused in performing the Mala Prohibita

act should be lawful. 1. Violations of mere rules of convenience
3. That the mistake must be without fault or designed to secure a more orderly regulation of
carelessness on the part of the accused societys affairs
2. made wrongful only by statute
U.S. v. Ah Chong (15 Phil. 488) 3. punished by special law
4. intent not necessary
Facts: Ah Chong was a cook in Ft. McKinley. He Ex. Illegal possession of firearms
was afraid of bad elements. One evening, before In acts mala in se, the intent governs; but in those
going to bed, he locked himself in his room by mala Prohibita, the only inquiry is, has the law
placing a chair against the door. After having gone been violated?
to bed, he was awakened by someone trying to Mala in se Vs Mala prohibita
open the door. He called out twice, “Who is there”
but received no answer. Fearing that the intruder The following are examples of mala in se except?
was a robber, he leaped from his bed and called
out again, “If you enter the room I will kill you.” a. Murder
But at that precise moment, he was struck by the b. Theft
chair that had been placed against the door, and c. Illegal gambling
believing that he was being attacked he seized a d. Rape
kitchen knife and struck and fatally wounded the
intruder who turned out to be his roommate. The following are examples of mala in se except?

Held: Ah Chong must be acquitted because of a. Murder

mistake of fact. b. Theft
c. Illegal gambling
Mistake of fact is a misapprehension of fact on the d. Rape
part of the person who caused injury to another.
He is not liable for absence of criminal intent. Motive- the moving power which impels one to
What is the Latin term for Mistake of fact? action for a definite result.

a. Ignorantia legis non excusat Intent - is the purpose to use a particular means to
b. Ignorantia Facti effect such result.
c. Actus non facit reum nisi mens sit rea
d. Actus me invito factus nonest meus actus Motive is not an element of a crime and need not
be proved. Intent is an element and must be
Mistake of fact is a misapprehension of fact on the proved.
part of the person who caused injury to another.
He is not liable for absence of criminal intent. Art. 4. Criminal liability. Criminal liability shall
What is the Latin term for Mistake of fact? be incurred:

a. Ignorantia legis non excusat 1. By any person committing a felony (delito)

b. Ignorantia Facti although the wrongful act done be different from
c. Actus non facit reum nisi mens sit rea that which he intended.
d. Actus me invito factus nonest meus actus
2. By any person performing an act which would
Criminal intent is necessary in felonies be an offense against persons or property, were it
committed by means of dolo. not for the inherent impossibility of its
accomplishment or an account of the employment
Criminal intent is necessary in felonies of inadequate or ineffectual means.
committed by means of dolo because of the legal
maxims ~
Art. 4. Criminal liability. Criminal liability shall
Actus non facit reum nisi mens sit rea, the act be incurred:
itself does not make a man guilty unless his
intention were so.” 1. By any person committing a felony (delito)
although the wrongful act done be different from
Actus me invito factus non est meus actus, - an that which he intended.
act done by me against my will is not my act.”
(U.S. v. Ah Chong, 5 Phil. 499)
Rationale of Par. 1- el que es causa de la causa es
Mala in se causa del mal causado- he who is the cause of the
1. Those so serious as to call for unanimous cause is the cause of the evil caused.
condemnation
2. wrongful in nature One who commits an intentional felony is
3. generally punished by the RPC responsible for all the consequences which may
4. intent is necessary naturally and logically result therefrom, whether
Ex. Theft, Rape, Murder foreseen or intended or not.
 10

Article 365 Criminal Negligence.

arresto mayor in its maximum period to prision
Ordinarily, when a person commits a felony with correccional in its medium period.
malice, he intends the consequences of his
felonious act. But there are cases where the Requisites Of Art. 4 (1)
consequences of the felonious act of the offender
are not intended by him. In those cases, “the 1. An intentional Felony has been committed.
wrongful act done” is “different from that which
he intended.” 2. The wrong done to the victim be the direct,
natural and logical consequence of the felony
In view of paragraph 1 of Article 4, a person committed by the offender.
committing a felony is criminally liable although
the consequences of his felonious act are not 3. The felony done must be the proximate cause of
intended by him. the resulting injury.

Causes which produces different result: The victim who was threatened or chased by the
accused with a knife, jumped into the water and
Mistake in Identity - error in Personae. because of the strong current or because he did not
- Injuring a person who is mistaken for another. know how to swim he sank down and died of
Ex. Juan, intended to shoot Pedro, but it was Jose drowning.
whom he shot because he mistook Jose to be
Pedro.
Mistake in the blow - aberratio ictus. The victim suffers a non mortal wound in his
- hitting somebody other than the target due to lack finger caused by the stabbing by the offender. But
of skill or fortuitous instances. the victim soaked his finger into the mud to
Ex. Juan shoot Pedro, but it was Jose who was aggravate the wound then died due to infection.
injured.
Injurious result is greater than that intended -
Praeter Intentionem. Requisites Of Art. 4 (1)
Ex. Juan only wanted to box Pedro, but Pedro died
when he fell to the pavement resulting to brain 1. An intentional Felony has been committed.
hemorrhage.
2. The wrong done to the victim be the direct,
natural and logical consequence of the felony
Mistake in Identity - article 49 penalty committed by the offender.

Requisites Of Art. 4 (1) 3. The felony done must be the proximate cause of
the resulting injury.
1. An intentional Felony has been committed.
Proximate cause- is that cause which in the
2. The wrong done to the victim be the direct, ordinary and continuous sequence, unbroken by
natural and logical consequence of the felony any efficient intervening cause produces the injury.
committed by the offender.
Efficient intervening cause- are those that break
3. The felony done must be the proximate cause of the relation of cause and effect. The felony
the resulting injury. committed is not the proximate cause of the
resulting injury when:
Requisites Of Art. 4 (1)
a. there is an active force that intervened between
1. An intentional Felony has been committed. the felony committed and the resulting injury;

2. The wrong done to the victim be the direct, b. the resulting injury is due to the intentional act
natural and logical consequence of the felony of the accused.
committed by the offender.

3. The felony done must be the proximate cause of The victim who was threatened or chased by the
the resulting injury. accused with a knife, jumped into the water and
because of the strong current or because he did not
Juan only wanted to box Pedro, but Pedro died know how to swim he sank down and died of
when he fell to the pavement resulting to brain drowning.
hemorrhage.

Homicide but mitigated

There must be a cause and effect relationship
A magician who ask for a volunteer to his magic Cause -- Felonious act
trick but unfortunately killed the volunteer on the Effect -- Injury/Death
course of performance
 11

The following does not affect the CAUSE and The victim suffers a non mortal wound in his
EFFECT relationship. finger caused by the stabbing by the offender. But
1. Pre-existing condition of the victim the victim soaked his finger into the mud to
2. Concurrent conditions aggravate the wound then died due to infection.
3. Supervening Conditions
1. Pre-existing condition of the victim
Heart disease Pedro because of jealousy he killed Juan. Killing is
refers to the ___?
2. Concurrent conditions
Doctor's lapses a. Motive
b. Intent
3. Supervening Conditions c. Capability
Complications after surgery d. Opportunity

The offender is liable for all the DIRECT, Pedro because of jealousy he killed Juan. Killing is
NATURAL, and LOGICAL consequences of his refers to the ___?
felonious act.
a. Motive
Examples: b. Intent
1. Pedro threatened Juan and chased him with a c. Capability
knife. Fearing for his life. Juan jumped to the river. d. Opportunity
Juan drowned because he did not know how to
swim. CaER Juan only wanted to box Pedro, but Pedro died
when he fell to the pavement resulting to brain
2. Juan was weak and suffering from tuberculosis. hemorrhage. The situation is referring to?
Pedro gave him fist blows causing internal
hemorrhage. Juan died as a result. PEC a. error in Personae
b. Aberratio Ictus
3. Pedro stabbed Juan in the stomach. Juan did not c. Praeter Intentionem
want to go to the hospital so he just stayed in his d. Ignorantia Facti
house hoping to recover. Juan died. CaER
Juan only wanted to box Pedro, but Pedro died
The offender is liable for all the DIRECT, when he fell to the pavement resulting to brain
NATURAL, and LOGICAL consequences of his hemorrhage. The situation is referring to?
felonious act.
a. error in Personae
4. Pedro stabbed Juan. Maria saw what happened b. Aberratio Ictus
and called the ambulance. Ambulance took 2 hours c. Praeter Intentionem
to arrive. By that time Juan lost a lot of blood and d. Ignorantia Facti
died. CaER
Juan, intended to shoot Pedro, but it was Jose
5. Pedro shot Juan. Juan was brought to a clinic (Juan's father) whom he shot because he mistook
but because of erroneous and unskillful surgical Jose to be Pedro. The situation is referring to?
operation by the doctors. Juan died. CC
a. error in Personae
Proximate cause- is that cause which in the b. Aberratio Ictus
ordinary and continuous sequence, unbroken by c. Praeter Intentionem
any efficient intervening cause produces the injury. d. Ignorantia Facti

Efficient intervening cause- are those that break Juan, intended to shoot Pedro, but it was Jose
the relation of cause and effect. The felony (Juan's father) whom he shot because he mistook
committed is not the proximate cause of the Jose to be Pedro. The situation is referring to?
resulting injury when:
a. error in Personae
a. there is an active force that intervened between b. Aberratio Ictus
the felony committed and the resulting injury; c. Praeter Intentionem
d. Ignorantia Facti
b. the resulting injury is due to the intentional act
of the accused. Juan shoot Pedro, but it was Jose who was injured.
The situation is referring to?

a. error in Personae
A person struck another with his fist and knocked b. Aberratio Ictus
him down and a horse near them jumped upon him c. Praeter Intentionem
and killed him, the assailant was not responsible d. Ignorantia Facti
for the death of that other person.
 12

Juan shoot Pedro, but it was Jose who was injured. c. Maybe yes
The situation is referring to? d. Maybe no

a. error in Personae
b. Aberratio Ictus Pedro chased Juan with a knife because of fear the
c. Praeter Intentionem latter jumped into the water because he did not
d. Ignorantia Facti know how to swim he sank down and died of
drowning. Is Pedro liable for the death of Juan?
A magician calls out for a volunteer to stand on the
top of a ladder while he was carrying it. The a. Yes
magician trip and the the volunteer fell on the b. No
ground hitting his head causing his instantaneous c. Maybe yes
death. Is the magician liable for Homicide? d. Maybe no

a. Yes Article 4 RPC applies

b. No he is liable for 365 Criminal Negligence Requisites Of Art. 4 (1)
c. Yes because he was committing a felony at first
d. No He is guilty for Rape 1. An intentional Felony has been committed.

A magician calls out for a volunteer to stand on the 2. The wrong done to the victim be the direct,
top of a ladder while he was carrying it. The natural and logical consequence of the felony
magician trip and the the volunteer fell on the committed by the offender.
ground hitting his head causing his instantaneous
death. Is the magician liable for Homicide? 3. The felony done must be the proximate cause of
the resulting injury.
a. Yes Article 4 RPC applies
b. No he is liable for 365 Criminal Negligence Juan stabbed Pedro at the finger causing a non
c. Yes because he was committing a felony at first mortal wound. Inorder to aggravate the wound for
d. No He is guilty for Rape the purpose of charging Juan a high payment, It
caused an infection causing his death. Is Juan
Requisites Of Art. 4 (1) liable for the death of Pedro?

1. An intentional Felony has been committed. a. Yes it is a direct, natural and logical
consequence of the felony committed by Pedro
2. The wrong done to the victim be the direct, b. No there is efficient intervening cause.
natural and logical consequence of the felony c. 1-9 days
committed by the offender. d. 10-30 days

3. The felony done must be the proximate cause of Juan stabbed Pedro at the finger causing a non
the resulting injury. mortal wound. Inorder to aggravate the wound for
the purpose of charging Juan a high payment, It
Juan only wanted to box Pedro, but Pedro died caused an infection causing his death. Is Juan
when he fell to the pavement resulting to brain liable for the death of Pedro?
hemorrhage.Is Juan liable for the death of Pedro?
a. Yes it is a direct, natural and logical
a. No he is liable for 365 Criminal Negligence consequence of the felony committed by Pedro
b. Yes it is Praeter Intentionem b. No there is efficient intervening cause.
c. No he is not guilty c. 1-9 days
d. Yes it is Aberratio Ictus d. 10-30 days

Is that cause which in the ordinary and continuous

Juan only wanted to box Pedro, but Pedro died sequence, unbroken by any efficient intervening
when he fell to the pavement resulting to brain cause produces the injury.
hemorrhage.Is Juan liable for the death of Pedro?
a. Efficient intervening cause
a. No he is liable for 365 Criminal Negligence b. Proximate Cause
b. Yes it is Praeter Intentionem c. Emediate cause
c. No he is not guilty d. Proxima Centauri
d. Yes it is Aberratio Ictus
Is that cause which in the ordinary and continuous
sequence, unbroken by any efficient intervening
Pedro chased Juan with a knife because of fear the cause produces the injury.
latter jumped into the water because he did not
know how to swim he sank down and died of a. Efficient intervening cause
drowning. Is Pedro liable for the death of Juan? b. Proximate Cause
c. Emediate cause
a. Yes d. Proxima Centauri
b. No
 13

Proximate cause- is that cause which in the a. Yes there is a Cause and Effect Relationship
ordinary and continuous sequence, unbroken by b. No there is Efficient intervening cause
any efficient intervening cause produces the injury. c. None of the above
d. All of the Above
Efficient intervening cause- are those that break
the relation of cause and effect. The felony Pedro stabbed Juan in the stomach. Juan did not
committed is not the proximate cause of the want to go to the hospital so he just stayed in his
resulting injury when: house hoping to recover. Juan died. Is Pedro liable
for the death of Juan?
a. there is an active force that intervened between
the felony committed and the resulting injury; a. Yes there is a Cause and Effect Relationship
b. No there is Efficient intervening cause
b. the resulting injury is due to the intentional act c. None of the above
of the accused. d. All of the Above

Pedro stabbed Juan. Maria saw what happened and

Juan was weak and suffering from tuberculosis. called the ambulance. Ambulance took 2 hours to
Pedro gave him fist blows causing internal arrive. By that time Juan lost a lot of blood and
hemorrhage. Juan died as a result. Pedro states that died. Is Pedro liable the death of Juan?
he is not liable because Juan has already a disease.
Is the statement of Pedro correct? a. Yes there is a Cause and Effect Relationship
b. No there is Efficient intervening cause
a. Yes He is not liable, doctrine of Proximate cause c. None of the above
applies d. All of the Above
b. No he is liable Pre existing conditions of the
victim does not affect cause and effect Pedro stabbed Juan. Maria saw what happened and
c. Maybe he is liable called the ambulance. Ambulance took 2 hours to
d. He is Partially liable arrive. By that time Juan lost a lot of blood and
died. Is Pedro liable the death of Juan?
Juan was weak and suffering from tuberculosis.
Pedro gave him fist blows causing internal a. Yes there is a Cause and Effect Relationship
hemorrhage. Juan died as a result. Pedro states that b. No there is Efficient intervening cause
he is not liable because Juan has already a disease. c. None of the above
Is the statement of Pedro correct? d. All of the Above

a. Yes He is not liable, doctrine of Proximate cause Pedro shot Juan. Juan was brought to a clinic but
applies because of erroneous and unskillful surgical
b. No he is liable Pre existing conditions of the operation by the doctors. Juan died. Can Pedro
victim does not affect cause and effect invokes it is the fault of the doctor?
c. Maybe he is liable
d. He is Partially liable a. Yes it is the fault of the doctor
b. No Concurrent conditions does not affect cause
There must be a cause and effect relationship and effect relationship, Pedro si still liable
Cause -- Felonious act c. None of the above
Effect -- Injury/Death d. All of the above

Pedro shot Juan. Juan was brought to a clinic but

because of erroneous and unskillful surgical
operation by the doctors. Juan died. Can Pedro
The following does not affect the CAUSE and invokes it is the fault of the doctor?
EFFECT relationship.
1. Pre-existing condition of the victim a. Yes it is the fault of the doctor
2. Concurrent conditions b. No Concurrent conditions does not affect cause
3. Supervening Conditions and effect relationship, Pedro si still liable
1. Pre-existing condition of the victim c. None of the above
Heart disease d. All of the above

2. Concurrent conditions Pedro struck Juan with his fist and knocked him
Doctor's lapses down and a horse near them jumped upon Juan and
killed him. Is Pedro liable for the death of Juan?
3. Supervening Conditions
Complications after surgery a. Yes, doctrine of Proximate cause
b. No, efficient intervening cause
Pedro stabbed Juan in the stomach. Juan did not c. none of the above
want to go to the hospital so he just stayed in his d. All of the above
house hoping to recover. Juan died. Is Pedro liable
for the death of Juan?
 14

Pedro struck Juan with his fist and knocked him b. Brigandage (Arts. 306 and 307)
down and a horse near them jumped upon Juan and c. Theft (Arts. 308, 310, and 311)
killed him. Is Pedro liable for the death of Juan? d. Usurpation (Arts. 312 and 313)
e. Culpable insolvency (Art. 314)
a. Yes, doctrine of Proximate cause f. Swindling and other deceits (Arts. 315, 316, 317,
b. No, efficient intervening cause and 318)
c. none of the above g. Chattel mortgage (Art. 319)
d. All of the above h. Arson and other crimes involving destruction
( Arts. 320, 321, 322, 323, 324, 325, and 326)
i. Malicious mischief (Arts. 327, 328, 329, 330,
Art. 4. Criminal liability. Criminal liability shall and 331)
be incurred:
Requisites of impossible crime:
1. By any person committing a felony (delito)
although the wrongful act done be different from 1. That the act performed would be an offense
that which he intended. against persons or property.

2. By any person performing an act which would 2. That the act was done with evil intent.
be an offense against persons or property, were it
not for the inherent impossibility of its 3. That its accomplishment is inherently
accomplishment or an account of the employment impossible, or that the means employed is either
of inadequate or ineffectual means. inadequate or ineffectual.

4. That the act performed should not constitute a

Requisites of impossible crime: violation of another provision of the RPC.

1. That the act performed would be an offense Since the offender in impossible crime intended to
against persons or property. commit an offense against persons or against
property, it must be shown that the actor
2. That the act was done with evil intent. performed the act with evil intent, that is, he must
have the intent to do an injury to another.
3. That its accomplishment is inherently
impossible, or that the means employed is either A, who wanted to kill B, looked for him. When A
inadequate or ineffectual. saw B, he found out that B was already dead. To
satisfy his grudge, A stabbed B in his breast three
4. That the act performed should not constitute a times with a knife. Is this an impossible crime?
violation of another provision of the RPC.
No. A knew that B was already dead when he
Requisites of impossible crime: stabbed the lifeless body. There was no evil intent
on the part of A, because he knew that he could
1. That the act performed would be an offense not cause an injury to B. Even subjectively, he was
against persons or property. not a criminal.

2. That the act was done with evil intent. Requisites of impossible crime:

3. That its accomplishment is inherently 1. That the act performed would be an offense
impossible, or that the means employed is either against persons or property.
inadequate or ineffectual.
2. That the act was done with evil intent.
4. That the act performed should not constitute a
violation of another provision of the RPC. 3. That its accomplishment is inherently
impossible, or that the means employed is either
Felonies against persons are: inadequate or ineffectual.

a. Parricide (Art. 246) 4. That the act performed should not constitute a
b. Murder (Art. 248) violation of another provision of the RPC.
c. Homicide (Art. 249)
d. Infanticide (Art. 255) a. “Inherent impossibility of its accomplishment.”
e. Abortion (Arts. 256, 257, 258, and 259)
f. Duel (Arts. 260 and 261) This phrase means that the act intended by the
g. Physical injuries (Arts. 262, 263, 264, 265, and offender is by its nature one of impossible
266) accomplishment.
h. Rape (Art. 266-A)
There must be either (1) legal impossibility, or (2)
Felonies against property are: physical impossibility of accomplishing the
intended act.
a. Robbery (Arts. 294, 297, 298, 299, 300, 302,
and 303)
 15

Examples of impossible crimes which are

punishable under the R.P.C. are: (1) When one c. Employment of “ineffectual means.”
tries to
kill another by putting in his soup a substance A tried to kill B by putting in his soup a substance
which he believes to be arsenic when in fact it is which he thought was arsenic when in fact it was
common salt; and (2) when one tries to murder a sugar. B could not have been killed, because the
corpse. (People v. Balmores, 85 Phil. 493, 496) means employed was ineffectual. But A showed
criminal tendency and, hence, he should be
(1) “Would be an offense against persons.” punished for it in accordance with Article 4,
paragraph 2, in relation to Article 59.
Example: A fired at B, who was lying on bed, not
knowing that B was dead hours before. In crime A, with intent to kill B, aimed his revolver at the
against persons, as would have been in this case, it back of the latter, A, not knowing that it was
is necessary that the victim could be injured or empty. When he pressed the trigger it did not fire.
killed. A dead person cannot be injured or killed. The means used by A is ineffectual.
Had B been alive when he was shot, and as a
consequence he died, the crime committed by A
would have been murder, a crime against persons. Requisites of impossible crime:

There is physical and legal impossibility in this 1. That the act performed would be an offense
example. against persons or property.

(2) “Would be an offense against property.” 2. That the act was done with evil intent.

A, with intent to gain, took a watch from the 3. That its accomplishment is inherently
pocket of B. When A had the watch in his impossible, or that the means employed is either
possession, he found out that it was the watch inadequate or ineffectual.
which he had lost a week before. In other word:
the watch belonged to A. Is this an impossible 4. That the act performed should not constitute a
crime? violation of another provision of the RPC.

It is believed that it may be an impossible crime. Juan in order to take the wallet of Pedro he
The act performed would have been theft had the punches him on the face several times, and
watch been the property of B. But there is a legal succeeded from taking the wallet of Pedro. But
impossibility of accomplishing it, because in theft, later on he realized that the wallet he took from
the personal property taken must belong to Pedro was his own missing wallet. Is there an
another. Impossible Crime?

a. Yes
An employee who, having known the safe b. No
combination, opens the safe in the office for the c. Maybe
purpose of stealing money, but who finds the safe d. Secret
empty, is guilty of an impossible crime. The act
performed would have been a crime of theft were Juan in order to take the wallet of Pedro he
it not for the inherent impossibility of its punches him on the face several times, and
accomplishment. If there is no personal property succeeded from taking the wallet of Pedro. But
that could be taken, it is inherently impossible to later on he realized that the wallet he took from
commit theft. Pedro was his own missing wallet. Is there an
Impossible Crime?
b. “Employment of inadequate” means.
a. Yes
Example: A, determined to poison B, uses a small b. No
quantity of arsenic by mixing it with the food c. Maybe
given to B, believing that the quantity employed d. Secret
by him is sufficient. But since in fact it is not
sufficient, B is not killed. The means employed Juan in order to take the wallet of Pedro he
(small quantity of poison) is inadequate to kill a punches him on the face several times, and
person. succeeded from taking the wallet of Pedro. But
Where the means employed is adequate. later on he realized that the wallets he took from
Pedro was his own missing wallet. Is Juan liable
But where the means employed is adequate and the for Impossible crime?
result expected is not produced, it is not an
impossible crime, but a frustrated felony. a. Yes he is liable for Impossible crime and will
Thus, if the quantity of poison used is sufficient to suffer the penalty of arresto mayor or a fine
kill an ordinary person, but the intended victim has ranging from 200 to 500 pesos.
developed strong resistance to poison because he b. No he is liable for robbery
has been working in a mine, the crime committed c. No he is liable for theft
is frustrated murder. d. No he is liable for Physical Injury.
 16

which induce the court to believe that said act

Juan in order to take the wallet of Pedro he should be made the subject of legislation.
punches him on the face several times, and
succeeded from taking the wallet of Pedro. But In the same way, the court shall submit to the
later on he realized that the wallets he took from Chief Executive, through the Department of
Pedro was his own missing wallet. Is Juan liable Justice, such statement as may be deemed proper,
for Impossible crime? without suspending the execution of the sentence,
when a strict enforcement of the provisions of this
a. Yes he is liable for Impossible crime and will Code would result in the imposition of a clearly
suffer the penalty of arresto mayor or a fine excessive penalty, taking into consideration the
ranging from 200 to 500 pesos. degree of malice and the injury caused by the
b. No he is liable for robbery offense.
c. No he is liable for theft
d. No he is liable for Physical Injury.
“in connection with acts which should be repressed
Pedro poison Juan, the quantity of poison used is but which are not covered by the law.”
sufficient to kill an ordinary person, but Juan has
developed strong resistance to poison because he The 1st paragraph of this article which
has been working in a mine. Pedro is liable for? contemplates a trial of a criminal case requires the
following:
a. Impossible crime of Murder
b. Frustrated Murder 1. The act committed by the accused appears not
c. Attempted Murder punishable by any law;
d. Consumated Murder
2. But the court deems it proper to repress such
Pedro poison Juan, the quantity of poison used is act;
sufficient to kill an ordinary person, but Juan has
developed strong resistance to poison because he 3. In that case, the court must render the proper
has been working in a mine. Pedro is liable for? decision by dismissing the case and acquitting the
accused;
a. Impossible crime of Murder
b. Frustrated Murder 4. The judge must then make a report to the Chief
c. Attempted Murder Executive, through the Secretary of Justice, stating
d. Consumated Murder the reasons which induce him to believe that the
said act should be made the subject of penal
A, determined to poison B, uses a small quantity of legislation.
arsenic by mixing it with the food given to B,
believing that the quantity employed by him is
sufficient. But since in fact it is not sufficient, B is Basis of paragraph 1, Article 5. The provision
not killed.A is liable for? contained in paragraph 1 of Article 5 is based on
the legal maxim “nullum crimen, nulla poena sine
a. Impossible crime of Murder lege,” that is, that there is no crime if there is no
b. Frustrated Murder law that punishes the act.
c. Attempted Murder
d. Consumated Murder “in connection with acts which should be repressed
but which are not covered by the law.”

A, determined to poison B, uses a small quantity of The 1st paragraph of this article which
arsenic by mixing it with the food given to B, contemplates a trial of a criminal case requires the
believing that the quantity employed by him is following:
sufficient. But since in fact it is not sufficient, B is
not killed.A is liable for? 1. The act committed by the accused appears not
punishable by any law;
a. Impossible crime of Murder
b. Frustrated Murder 2. But the court deems it proper to repress such
c. Attempted Murder act;
d. Consumated Murder
3. In that case, the court must render the proper
decision by dismissing the case and acquitting the
Art. 5. Duty of the court in connection with acts accused;
which should be repressed but which are not
covered by the law, and in cases of excessive 4. The judge must then make a report to the Chief
penalties. Whenever a court has knowledge of any Executive, through the Secretary of Justice, stating
act which it may deem proper to repress and which the reasons which
is not punishable by law, it shall render the proper induce him to believe that the said act should be
decision, and shall report to the Chief Executive, made the subject of penal legislation.
through the Department of Justice, the reasons
 17

Basis of paragraph 1, Article 5. The provision to His Excellency, the President of the Philippines,
contained in paragraph 1 of Article 5 is based on through the Secretary of Justice, the grant to
the legal maxim “nullum crimen, nulla poena sine accused of either a
lege,” that is, that there is no crime if there is no commutation of sentence to an indeterminate
law that punishes the act. penalty of
prision correccional to prision mayor or executive
“In cases of excessive penalties.” clemency. (People v. Acbangin, G.R. No. 117216,
August 9, 2000)
The second paragraph of Article 5 requires that —
Example of total absence of injury:
1. The court after trial finds the accused guilty.
The defendant chief of police altered and falsified
2. The penalty provided by law and which the the municipal police blotter and the book of
court imposes records of arrests and the return of the warrant of
for the crime committed appears to be clearly arrest and the bail bond of a person charged with
excessive, because — qualified seduction so as to make them show that
the said person was arrested and gave bond on the
a. the accused acted with lesser degree of malice, 13th day of September 1930, whereas, in truth and
and/ or; in fact, as said records showed before said
b. there is no injury or the injury caused is of lesser falsification, that person was arrested and released
gravity. on bond on the 6th day of September 1930; and
that defendant justice of the peace conspired and
3. The court should not suspend the execution of cooperated with his co-defendant in making said
the sentence. falsification in order to meet the administrative
charges then pending against him. In other words,
4. The judge should submit a statement to the those falsifications were committed to make it
Chief Executive, through the Secretary of Justice, appear that there was no delay in the preliminary
recommending executive clemency. investigation conducted by the justice of the peace
for qualified seduction. In this case, there is
apparent lack of malice and total absence of injury.
Examples of the accused acting with lesser (People v. Cabagsan and Montano, 57 Phil. 598)
degree of malice:

In a case where the accused maltreated his wife in Stages in the commission of crime. When the
his inebriated state, because she prevented him offender performs all the acts of execution which
from whipping their negligent son, and the would produce the felony as a consequence but
maltreatment inflicted by the accused was the which, nevertheless, do not produce it by reason of
proximate cause of her death, the Supreme Court some causes independent of the will of the
applied Article 5 of the R.P.C., “considering that perpetrator.
the accused had no intent to kill his wife and that
her death might have been hastened by lack of a. Consumated
appropriate medical attendance or her weak b. Frustrated
constitution.” The penalty of reclusion perpetua, c. Attempted
prescribed by law for the crime committed, d. Formal crimes
appears to be excessive. (People v. Monleon, No.
L-36282, December 10, 1976, 74 SCRA 263, 269)
Stages in the commission of crime. When the
offender performs all the acts of execution which
Example of injury caused is of lesser gravity: would produce the felony as a consequence but
which, nevertheless, do not produce it by reason of
Facts: The victim, a four-year-old child, was some causes independent of the will of the
brought by the accused to the house of a certain perpetrator.
Juanita Niu. The accused initially denied knowing
where the victim was but the next day, told the a. Consumated
victim’s grandmother that the victim was at Niu’s b. Frustrated
house. The accused accompanied the victim’s c. Attempted
father and police officers to Niu’s house and found d. Formal crimes
the victim well-dressed and smiling. Accused was
convicted of kidnapping and serious illegal
detention and sentenced to reclusion perpetua. Art. 6. Consummated, frustrated, and attempted
felonies. Consummated felonies as well as those
Held: We agree with the trial court that a strict which are frustrated and attempted, are punishable.
application of Article 267 of the R.P.C. would be
too harsh, taking into consideration the minimal A felony is CONSUMMATED when all the
injury caused by the offense. We agree that the elements necessary for its execution and
accused be recommended to the Chief Executive accomplishment are present; and it is
for the possible exercise of his pardoning power. FRUSTRATED when the offender performs all
Pursuant to Article 5 of the R.P.C., we recommend the acts of execution which would produce the
 18

felony as a consequence but which, nevertheless, under Article 304. The possession of picklocks is a
do not produce it by reason of causes independent preparatory act to the commission of robbery.
of the will of the perpetrator. (Arts. 299 and 302)
There is an ATTEMPT when the offender
commences the commission of a felony directly or The other examples of preparatory acts are: (1)
over acts, and does not perform all the acts of buying poison or carrying a weapon with which to
execution which should produce the felony by kill the intended victim; (2) carrying inflammable
reason of some cause or accident other than this materials to the place where a house is to be
own spontaneous desistance. burned, etc.

Consummated felony, defined. A felony is For merely doing any of these acts, a person is not
consummated when all the elements necessary for liable for attempted homicide or attempted arson,
its execution and because they do not constitute even the first stage
accomplishment are present. of the acts of execution of those crimes.

Frustrated felony, defined. It is frustrated when b. Acts of execution — they are punishable under
the offender performs all the acts of execution the R.P.C.
which would produce the felony as a consequence
but which, nevertheless, do not produce it by The stages of acts of execution — attempted,
reason of causes independent of the will of the frustrated, and consummated — are punishable.
perpetrator. (Art. 6)

Attempted felony, defined. There is an attempt The first stage of the acts of execution of a felony
when the offender commences the commission of is the attempted; the second stage, the frustrated;
a felony directly by overt acts, and does not and the last stage, the consummated.
perform all the acts of execution which should
produce the felony by reason of some cause or In performing the acts of execution of a felony, the
accident other than his own spontaneous offender may reach only the first stage or the
desistance. second stage. In either case, he does not produce
the felony he intends to commit. But he is liable
Development of crime. for attempted felony or frustrated felony, as the
case may be.
From the moment the culprit conceives the idea of
committing a crime up to the realization of the Attempted felony. There is an attempt when the
same, his act passes through certain stages. offender begins the commission of a felony
directly by overt acts. He has not performed all the
These stages are: (1) internal acts; and (2) acts of execution which should produce the felony.
external acts.
Elements of attempted felony:
1. Internal acts, such as mere ideas in the mind of
a person, are not punishable even if, had they been 1. The offender commences the commission of the
carried out, they would constitute a crime. felony directly by overt acts;

Intention and effect must concur. 2. He does not perform all the acts of execution
Mere intention producing no effect is no more a which should produce the felony;
crime than a mere effect without the intention is a
crime. 3. The offender's act is not stopped by his own
Thus, if A intended to commit treason and joined a spontaneous desistance;
body of armed men in the belief that they were
Makapilis, when in fact they were Guerrilleros, A 4. The non-performance of all acts of execution
was not liable for treason, despite his intent. was due to cause or accident other than his
(Albert) spontaneous desistance.

2. External acts cover (a) preparatory acts; and IMPORTANT WORDS AND PHRASES IN
(b) acts of execution. ARTICLE 6.

a. Preparatory acts — ordinarily they are not 1. “Commences the commission of a felony
punishable. directly by overt acts.”

Ordinarily, preparatory acts are not punishable. When is the commission of a felony deemed
Hence, proposal and conspiracy to commit a commenced directly by overt acts? When the
felony, which are only preparatory acts, are not following two requisites are present:
punishable, except when the law provides for their
punishment in certain felonies. (Art. 8) (1) That there be external acts;

But preparatory acts which are considered in (2) Such external acts have direct connection with
themselves, by law, as independent crimes are the crime intended to be committed.
punishable. Example: Possession of picklocks
 19

Is there an attempted robbery in this case?

The external acts must be related to the overt acts
of the crime the offender intended to commit. No, because while it is true that the 1st requisite is
present, that is, there were external acts of
The external acts referred to in the first requisite breaking one board and unfastening another from
must be related to the overt acts of the crime the the wall of the store to make an opening through
offender intended to commit. They should not be which A could enter the store, yet the 2nd requisite
mere preparatory acts, for preparatory acts do not is not present, for such acts had no direct
have direct connection with the crime which the connection with the crime of robbery by the use of
offender intends to commit. force upon things.

“Overt acts” defined. In case of robbery by the use of force upon things,
in order that the simple act of entering by means of
An overt act is some physical activity or deed, force another person’s dwelling may be considered
indicating the intention to commit a particular an attempt to commit this offense, it must be
crime, more than a mere planning or preparation, shown that the offender clearly intended to take
which if carried to its complete termination possession, for the purpose of gain, of some
following its natural course, without being personal property belonging to another.
frustrated by external obstacles nor by the
voluntary desistance of the perpetrator, will The crime committed was attempted trespass to
logically and necessarily ripen into a concrete dwelling, because the intention of the accused was
offense. obviously disclosed by his act of making an
opening through the wall, and that was to enter the
Preparatory acts and overt acts, distinguished. store against the will of its owner who was then
living there. (People v. Lamahang, 61 Phil. 703) It
If A bought poison from a drugstore, in is only an attempt, because A was not able to
preparation for the killing of B by means of perform all the acts of execution which should
poison, such act is only a preparatory act. It is not produce the felony of trespass to dwelling. Had A
an overt act, because it has no direct connection commenced entering the dwelling through the
with the crime of murder which A intended to opening, he would have performed all the acts of
commit. The poison purchased may be used by A execution.
to kill rats or insects. Hence, the act of buying
poison did not disclose necessarily an intention to What is an indeterminate offense?
kill a person with it.
It is one where the purpose of the offender in
But if A mixed the poison with the food intended performing an act is not certain. Its nature in
for B, and the latter, not knowing that it contained relation to its objective is ambiguous.
poison, put into his mouth a spoonful thereof, the
act of A was more than a mere planning or In the case of People v. Lamahang, supra, the final
preparation for the commission of murder. The objective of the offender, once he succeeded in
buying of poison and mixing it with the food of B entering the store, may be to rob, to cause physical
who later put into his mouth part thereof to eat it, injury to the inmates, or to commit any other
taken together, constituted the overt acts of offense. In such a case, there is no justification in
murder. The nature of the external act thus finding the offender guilty of attempted robbery by
performed by A clearly indicated that he intended the use of force upon things.
to commit the crime of murder. If for some reason
or another, B threw away the food with poison The intention of the accused must be viewed from
from his mouth, A is liable for attempted murder. the nature of the acts executed by him, and not
from his admission.
Note: Killing a person by means of poison is
murder. (Art. 248, R.P.C.) The intention of the accused must be ascertained
from the facts and, therefore, it is necessary that
Bumili Ka Ng Lason - preparatory acts the mind be able to directly infer from them the
Bumili Ka Ng Lason at nilagay SA pagkain ni Ben intention of the perpetrator to cause a particular
- overt Acts. injury.

The external acts must have a direct connection 1. “Directly by overt acts.”
with the crime intended to be committed by the
offender. The law requires that “the offender commences the
commission of the felony directly by overt acts.”
At early dawn, A was surprised by a policeman
while in the act of making an opening with an iron Only offenders who personally execute the
bar on the wall of a store of cheap goods. At that commission of a crime can be guilty of attempted
time the owner of the store was sleeping inside felony. The word “directly” suggests that the
with another Chinaman. A had only succeeded in offender must commence the commission of the
breaking one board and in unfastening another felony by taking direct part in the execution of the
from the wall. act.
 20

Thus, if A induced B to kill C, but B refused to do Reason:

it, A cannot be held liable for attempted homicide,
because, although there was an attempt on the part It is a sort of reward granted by law to those who,
of A, such an attempt was not done directly with having one foot on the verge of crime, heed the
physical activity. The inducement made by A to B call of their conscience and return to the path of
is in the nature of a proposal, not ordinarily righteousness. (Viada, Cod. Pen., 35-36)
punished by law.
One who takes part in planning a criminal act but
But if B, pursuant to his agreement with A, desists in its actual commission is exempt from
commenced the commission of the crime by criminal liability. For after taking part in the
shooting C, with intent to kill, but missed and did planning, he could have desisted from taking part
not injure C, both A and B are guilty of attempted in the actual commission of the crime by listening
felony, because of conspiracy. When there is to the call of his conscience (People v. Viliacorte,
conspiracy, the rule is — the act of one is the act No. L-21860, February 28, 1974, 85 SCRA 640,
of all. 654)

2. “Does not perform all the acts of execution.” The desistance may be through fear or remorse.
(People vu. Pambaya, 60 Phil. 1022) It is not
If the offender has performed all the acts of necessary that it be actuated by a good motive. The
execution — nothing more is left to be done — the Code requires only that the discontinuance of the
stage of execution is that of a frustrated felony, if crime comes from the person who has begun it,
the felony is not produced; or consummated, if the and that he stops of his own free will. (Albert)
felony is produced.

If anything yet remained for him to do, he would Subjective phase of the offense.
be guilty of an attempted crime. (U.S. v. Eduave,
36 Phil. 209) In attempted felony, the offender never passes the
subjective phase of the offense.
Thus, as in the case of People v. Lamahang, when
the accused, for the purpose of entering the Definition of subjective phase of the offense.
dwelling of another broke one board and
unfastened another from the wall but before he It is that portion of the acts constituting the crime,
could start entering through the opening thus starting from the point where the offender begins
created he was arrested by a policeman, the crime the commission of the crime to that point where he
committed was only attempted trespass to has still control over his acts, including their
dwelling, because there was something yet for him (acts’) natural course.
to do, that is, to commence entering the dwelling
through that opening in order to perform all the If between these two points the offender is stopped
acts of execution. by any cause outside of his own voluntary
desistance, the subjective phase has not been
3. “By reason of some cause or accident.” passed and it is an attempt. If he is not so stopped
but continues until he performs the last act, it is
In attempted felony, the offender fails to perform frustrated, provided the crime is not produced. The
all the acts of execution which should produce the acts then of the offender reached the objective
felony because of some cause or accident, phase of the crime.

Examples: Thus, if A, with intent to kill, mixes poison in the

Cause. soup intended for B, and B begins to take into his
A picked the pocket of B, inside of which there mouth a spoonful of it, until this point, A can still
was a wallet containing 750.00. Before A could prevent the poisoning of B by voluntarily desisting
remove it from the pocket of B, the latter grabbed and telling B to throw away the substance from his
A’s hand and prevented him from taking it. In this mouth as it contains poison. But from the moment
case, A failed to perform all the acts of execution, B swallows it, A has no more control over his acts.
that is, taking the wallet, because of a cause, that The poison is now in B’s stomach and it will
is, the timely discovery by B of the overt act of A. require the intervention of a physician to prevent
the poisoning of B.
Accident.
A aimed his pistol at B to kill the latter, but when If because of the intervention of the physician, B
he pressed the trigger it jammed and no bullet was did not die, A will be liable for frustrated murder.
fired from the pistol. The acts performed by A, following their natural
course, passed from the subjective phase to the
4. ‘Other than his own spontaneous desistance.” objective phase of the crime.

If the actor does not perform all the acts of Frustrated felony, defined. It is frustrated when the
execution by reason of his own spontaneous offender performs all the acts of execution which
desistance, there is no attempted felony. The law would produce the felony as a consequence but
does not punish him.
 21

which, nevertheless, do not produce it by reason of necessary for the frustration of the same that a
causes independent of the will of the perpetrator. mortal wound is inflicted.

3. “Do not produce it.”

Frustrated felony. In frustrated felony, the acts performed by the

offender do not produce the felony, because if the
Elements: felony is produced it would be consummated.

1. The offender performs all the acts of execution; 4. “Independent of the will of the perpetrator.”
2. All the acts performed would produce the felony
as a consequence; Even if all the acts of execution have been
3. But the felony is not produced; performed, the crime may not be consummated,
4. By reason of causes independent of the will of because certain causes may prevent its
the perpetrator. consummation. These certain causes may be the
intervention of third persons who prevented the
consummation of the offense or may be due to the
perpetrator’s own will.
IMPORTANT WORDS AND PHRASES.
If the crime is not produced because of the timely
1. “Performs all the acts of execution.” intervention of a third person, it is frustrated.

In frustrated felony, the offender must perform all If the crime is not produced because the offender
the acts of execution. Nothing more is left to be himself prevented its consummation, there is no
done by the offender, because he has performed frustrated felony, for the 4th element is not
the last act necessary to produce the crime. This present.
element distinguishes frustrated felony from
attempted felony. In attempted felony, the offender Note that the fourth element says that the felony is
does not perform all the acts of execution. He does not produced “by reason of causes independent of
not perform the last act necessary to produce the the will of the perpetrator.” Hence, if the cause
crime. He merely commences the commission of a which prevented the consummation of the offense
felony directly by overt acts. was the perpetrator’s own and exclusive will, the
4th element does not exist.
Thus, if A, with intent to kill, fires his gun at B,
the discharge of the gun is only an overt act. If the Consummated felony.
slug fired from the gun misses B or the wound
inflicted on B is not mortal, the last act necessary A felony is consummated when all the elements
to produce the crime of homicide is not yet necessary for its execution and
performed by A. But if the wound inflicted is accomplishment are present.
mortal, that is, sufficient to cause death, A
performs the last act. If no medical attendance is IMPORTANT WORDS AND PHRASES.
given, B would surely die. In homicide or murder,
the crime is consummated if the victim dies. If the “All the elements” necessary for its execution and
victim survives, the crime is frustrated. (See U.S. accomplishment “are present.”
v. Eduave, 36 Phil. 209) In consummated felony, all the elements necessary
for its execution and accomplishment must be
2. “Would produce the felony as a consequence.” present. Every crime has its own elements which
All the acts of execution performed by the must all be present to constitute a culpable
offender could have produced the felony as a violation of a precept of law.
consequence.
Stages in the commission of a felony when the
Thus, when A approached B stealthily from behind offender commences the commission of a felony
and made a movement with his right hand to strike directly by overt acts, and does not perform all the
B on the back with a deadly knife, but the blow, acts of execution which should produce the felony
instead of reaching the spot intended, landed on by reason of some cause or accident other than his
the frame of the back of the chair on which B was own spontaneous desistance.
sitting at the time and did not cause the slightest
physical injury on B, the stage of execution should a. Attempted
have been that of attempted murder only, because b. Frustrated
without inflicting a deadly wound upon a vital spot c. Consumated
of which B should have died, the crime of murder d. Formal Crimes
would not be produced as a consequence.
Stages in the commission of a felony when the
The case of People uv. Kalalo, 59 Phil. 715, offender commences the commission of a felony
sustains the above opinion. In crimes against directly by overt acts, and does not perform all the
persons, such as murder, which require that the acts of execution which should produce the felony
victim should die to consummate the felony, it is by reason of some cause or accident other than his
own spontaneous desistance.
 22

an overt act, because it has no direct connection

a. Attempted with the crime of murder which A intended to
b. Frustrated commit. The poison purchased may be used by A
c. Consumated to kill rats or insects. Hence, the act of buying
d. Formal Crimes poison did not disclose necessarily an intention to
kill a person with it.
Formal Crimes
- are those which are always consummated by a But if A mixed the poison with the food intended
single act like oral defamation. for B, and the latter, not knowing that it contained
poison, put into his mouth a spoonful thereof, the
Material Crimes act of A was more than a mere planning or
- are those which have three stages of execution preparation for the commission of murder. The
namely, attempted, frustrated and consummated. buying of poison and mixing it with the food of B
who later put into his mouth part thereof to eat it,
taken together, constituted the overt acts of
In the development of crime it refers to mere ideas murder. The nature of the external act thus
in the mind of a person, are not punishable even if, performed by A clearly indicated that he intended
had they been carried out, they would constitute a to commit the crime of murder. If for some reason
crime. or another, B threw away the food with poison
from his mouth, A is liable for attempted murder.
a. Internal Acts
b. External Acts Note: Killing a person by means of poison is
c. Preparatory Acts murder. (Art. 248, R.P.C.)
d. Acts of Execution

In the development of crime it refers to mere ideas At early dawn, A was surprised by a policeman
in the mind of a person, are not punishable even if, while in the act of making an opening with an iron
had they been carried out, they would constitute a bar on the wall of a store of cheap goods. At that
crime. time the owner of the store was sleeping inside
with another Chinaman. A had only succeeded in
a. Internal Acts breaking one board and in unfastening another
b. External Acts from the wall. What crime was committed by A?
c. Preparatory Acts
d. Acts of Execution a. Attempted robbery
b. Attempted Trespass to Dwelling
Is some physical activity or deed, indicating the c. Frustrated Robbery
intention to commit a particular crime, more than a d. Consumated Robbery
mere planning or preparation, which if carried to
its complete termination following its natural At early dawn, A was surprised by a policeman
course, without being frustrated by external while in the act of making an opening with an iron
obstacles nor by the voluntary desistance of the bar on the wall of a store of cheap goods. At that
perpetrator, will logically and necessarily ripen time the owner of the store was sleeping inside
into a concrete offense. with another Chinaman. A had only succeeded in
breaking one board and in unfastening another
a. Preparatory Acts from the wall. What crime was committed by A?
b. Overt Acts
c. Formal Crimes a. Attempted robbery
d. Material Crimes b. Attempted Trespass to Dwelling
c. Frustrated Robbery
Is some physical activity or deed, indicating the d. Consumated Robbery
intention to commit a particular crime, more than a
mere planning or preparation, which if carried to It is one where the purpose of the offender in
its complete termination following its natural performing an act is not certain. Its nature in
course, without being frustrated by external relation to its objective is ambiguous.
obstacles nor by the voluntary desistance of the
perpetrator, will logically and necessarily ripen a. External Acts
into a concrete offense. b. Preparatory Acts
c. Acts of Execution
a. Preparatory Acts d. Indeterminate Offense
b. Overt Acts
c. Formal Crimes It is one where the purpose of the offender in
d. Material Crimes performing an act is not certain. Its nature in
relation to its objective is ambiguous.
Preparatory acts and overt acts, distinguished.
a. External Acts
If A bought poison from a drugstore, in b. Preparatory Acts
preparation for the killing of B by means of c. Acts of Execution
poison, such act is only a preparatory act. It is not d. Indeterminate Offense
 23

A picked the pocket of B, inside of which there 3. The offender's act is not stopped by his own
was a wallet containing 750.00. Before A could spontaneous desistance;
remove it from the pocket of B, the latter grabbed
A’s hand and prevented him from taking it. What 4. The non-performance of all acts of execution
stages of execution is referring to? was due to cause or accident other than his
spontaneous desistance.
a. Attempted
b. Frustrated It is a phase of a crime. It is that portion of the acts
c. Consumated constituting the crime, starting from the point
d. Indertiminate Offense where the offender begins the commission of the
crime to that point where he has still control over
A picked the pocket of B, inside of which there his acts, including their (acts’) natural course.
was a wallet containing 750.00. Before A could
remove it from the pocket of B, the latter grabbed a. Subjective Phase
A’s hand and prevented him from taking it. What b. Objective Phase
stages of execution is referring to? c. Frustrated stage
d. No control over his acts
a. Attempted -cause
b. Frustrated It is a phase of a crime. It is that portion of the acts
c. Consumated constituting the crime, starting from the point
d. Indertiminate Offense where the offender begins the commission of the
crime to that point where he has still control over
A aimed his pistol at B to kill the latter, but when his acts, including their (acts’) natural course.
he pressed the trigger it jammed and no bullet was
fired from the pistol. a. Subjective Phase
b. Objective Phase
a. Attempted c. Frustrated stage
b. Frustrated d. No control over his acts
c. Consumated
d. Material Crimes If between these two points the offender is stopped
by any cause outside of his own voluntary
A aimed his pistol at B to kill the latter, but when desistance, the subjective phase has not been
he pressed the trigger it jammed and no bullet was passed and it is an attempt. If he is not so stopped
fired from the pistol. but continues until he performs the last act, it is
frustrated, provided the crime is not produced. The
a. Attempted -accident acts then of the offender reached the objective
b. Frustrated phase of the crime.
c. Consumated
d. Material Crimes Thus, if A, with intent to kill, mixes poison in the
soup intended for B, and B begins to take into his
Pedro with intent to kill draw his pistol and mouth a spoonful of it, until this point, A can still
pointed it to Juan but remembering their friendship prevent the poisoning of B by voluntarily desisting
the former desisted his act and went home. Is and telling B to throw away the substance from his
Pedro liable for attempted Homicide? mouth as it contains poison. But from the moment
B swallows it, A has no more control over his acts.
a. Yes, because he pointed it to Juan The poison is now in B’s stomach and it will
b. No, because of Spontaneous desistance require the intervention of a physician to prevent
c. Yes, because Juan has intent to kill the poisoning of B.
d. Absolutory Cause
If because of the intervention of the physician, B
Pedro with intent to kill draw his pistol and did not die, A will be liable for frustrated murder.
pointed it to Juan but remembering their friendship The acts performed by A, following their natural
the former desisted his act and went home. Is course, passed from the subjective phase to the
Pedro liable for attempted Homicide? objective phase of the crime.

a. Yes, because he pointed it to Juan Pedro with intent to kill fires Juan hitting his head
b. No, because of Spontaneous desistance causing mortal wound. But due to timely medical
c. Yes, because Juan has intent to kill intervention Juan survive. What is the stage of
d. Absolutory Cause crime commission?

Elements of attempted felony: a. Attempted

b. Frustrated
1. The offender commences the commission of the c. Consumated
felony directly by overt acts; d. No crime

2. He does not perform all the acts of execution

which should produce the felony;
 24

Pedro with intent to kill fires Juan hitting his head Pedro with intent to kill fires Juan hitting his head
causing mortal wound. But due to timely medical causing a mortal wound, a sudden conscience
intervention Juan survive. What is the stage of enters into the mind of Pedro, however a sudden
crime commission? conscience enters into the mind of Pedro, He
brought Juan to the hospital however Juan still
a. Attempted died. What specific crime did Pedro commit?
b. Frustrated
c. Consumated a. Attempted Homicide
d. No crime b. Consumated Homicide
c. Attempted Physical Injury
d. Consumated Physical Injury
Pedro with intent to kill fires Juan hitting his
finger a non mortal wound. What is the stage of Art. 7. When light felonies are punishable. —
crime commission? Light felonies are punishable only when they
have been consummated, with the exception of
a. Attempted those
b. Frustrated committed against persons or property.
c. Consumated
d. No crime
Grave Felonies
-Are those to which the law attaches the capital
Pedro with intent to kill fires Juan hitting his punishment or penalties which in any of their
finger a non mortal wound. What is the stage of period are afflictive, In accordance with the article
crime commission? 25 of the RPC.

a. Attempted Less Grave Felonies

b. Frustrated - Are those which the law punishes with penalties
c. Consumated which in their maximum period are correctional in
d. No crime accordance with abovementioned article.

Light Felonies
Pedro with intent to kill fires Juan hitting his head - Are those infraction of law or the commission of
causing a mortal wound, a sudden conscience which the penalty of arresto menor or a fine not
enters into the mind of Pedro, He brought Juan to exceeding Forty thousand pesos (40,000) or both is
the hospital and due to timely medical provided.
intervention. Juan survived. What specific crime
did Pedro commit?

a. Attempted Homicide The light felonies punished by the R.P.C.

b. Frustrated Homicide
c. Attempted Physical Injury 1. Slight physical injuries. (Art. 266, pars. 2 and 3)
d. Consumated Physical Injury 2. Theft. (Art. 309, pars. 7 and 8)
3. Alteration of boundary marks. (Art. 313)
Pedro with intent to kill fires Juan hitting his head 4. Malicious mischief. (Art. 328, par. 3; Art. 329,
causing a mortal wound, a sudden conscience par. 3)
enters into the mind of Pedro, He brought Juan to 5. Intriguing against honor. (Art. 364)
the hospital and due to timely medical 6. Disobedience to an agent of a person in
intervention. Juan survived. What specific crime authority. (Art. 151, par. 2)
did Pedro commit? 7. Alarms and scandals. (Art. 155)
8. Concealing true name. (Art. 178)
a. Attempted Homicide 9. Prostitution. (Art. 202)
b. Frustrated Homicide 10. Other forms of trespass. (Art. 281)
c. Attempted Physical Injury 11. Other light threats. (Art. 285)
d. Consumated Physical Injury 12. Light coercion. (Art. 287)
13. Destroying and damaging paintings. (Art. 331)
Pedro with intent to kill fires Juan hitting his head 14. Slander by deed, not serious. (Art. 359)
causing a mortal wound, a sudden conscience
enters into the mind of Pedro, however a sudden IMPORTANT WORDS AND PHRASES.
conscience enters into the mind of Pedro, He
brought Juan to the hospital however Juan still 1. “With the exception of those committed against
died. What specific crime did Pedro commit? persons or
property.”
a. Attempted Homicide
b. Consumated Homicide General rule.
c. Attempted Physical Injury Light felonies are punishable only when they have
d. Consumated Physical Injury been consummated.
 25

Exception: Light felonies committed against d. Nota

persons or property, are punishable even if
attempted or frustrated.
As a General rule Light felonies are punishable
Reason for the general rule. only when they have been consummated.
Light felonies produce such light, such
insignificant moral and material injuries that Exception: Light felonies committed against ____
public conscience is satisfied with providing light or ____, are punishable even if attempted or
penalty for their consummation. If they are not frustrated.
consummated, the wrong done is so slight that
there is no need of providing a penalty at all, a. National Security or Public Order
(Albert) b. Liberty or Chastity
d. Persons or Property
Reason for the exception. d. Nota
The commission of felonies against persons or
property presupposes in the offender moral
depravity. For that reason, even attempted or The following light felonies are not punishable
frustrated light felonies against persons or property unless consumated except.
are punishable,
a. Alarms and Scandal
Example of light felonies against person: b. Concealing true name
c. Intriguing against honor
Article 266 — Slight physical injuries and d. Alteration of boundary marks
maltreatment.
The following light felonies are not punishable
Examples of light felonies against property: unless consumated except.

1, Article 309, No. 7 ~ Theft by hunting or fishing a. Alarms and Scandal - Crimes against Public
or gathering fruits, cereals or other forest or farm Order
products upon an inclosed estate or field where b. Concealing true name - Crime against Public
trespass is forbidden and the value of the thing interest
stolen does not exceed 500.00 c. Intriguing against honor - Crimes against honor
2. Article 309, No. 8 — Theft, where the value of d. Alteration of boundary marks - Crimes against
the stolen property does not exceed 500.00 and the Property
offender was prompted by hunger, poverty, or the
difficulty of earning a livelihood. Art. 8. Conspiracy and proposal to commit felony.
3, Article 313 — Alteration of boundary marks. Conspiracy and proposal to commit felony are
4, Article 328, No. 3; Article 329, No. 3 ~ punishable only in the cases in which the law
Malicious mischief where the damage is not more specially provides a penalty therefor.
than 40,000.00 or if it cannot be estimated.
A CONSPIRACY exists when two or more
persons come to an agreement concerning the
As a General rule Light felonies are punishable commission of a felony and decide to commit it.
only when they have been ______.
There is PROPOSAL when the person who has
a. Attempted decided to commit a felony proposes its execution
b. Frustrated to some other person or persons.
c. Consumated
d. Formal
Conspiracy and Proposal to Commit a Felony- are
As a General rule Light felonies are punishable punishable only in the cases in which the law
only when they have been ______. specifically provides a penalty therefore.

a. Attempted Cases Where Mere Conspiracy Is Already

b. Frustrated Punishable:
c. Consumated 1. Conspiracy to commit treason (Art.115);
d. Formal 2. Conspiracy to commit rebellion or insurrection
(Art. 136);
As a General rule Light felonies are punishable 3. Conspiracy to commit sedition (Art. 141);
only when they have been consummated. 4. Conspiracy in restraint of trade or commerce
(Art. 186)
Exception: Light felonies committed against ____ 5. Conspiracy to commit terrorism under RA 9372
or ____, are punishable even if attempted or 6. Conspiracy to commit arson under PD 1602.
frustrated.
Cases Where Mere Proposal Is Already
a. National Security or Public Order Punishable:
b. Liberty or Chastity 1. Proposal to commit treason (Art. 115);
d. Persons or Property
 26

2. Proposal to commit rebellion or insurrection b. Conspiracy to commit rebellion or insurrection

(Art. 136). c. Proposal to commit treason
d. Conspiracy to commit Murder
Note:
Act of One is Act of All. Are those to which the law attaches the capital
punishment or penalties which in any of their
period are afflictive, In accordance with the article
General rule. 25 of the RPC.
Conspiracy and proposal to commit felony are not a. Grave Felonies
punishable. b. Less grave Felonies
c. Light Felonies
Exception: They are punishable only in the cases d. Nota
in which the law specially provides a penalty Are those to which the law attaches the capital
therefor. punishment or penalties which in any of their
period are afflictive, In accordance with the article
Reason for the rule. , Conspiracy and proposal to 25 of the RPC.
commit a crime are only preparatory acts, and the
law regards them as innocent or at least a. Grave Felonies
permissible except in rare and exceptional cases. b. Less grave Felonies
c. Light Felonies
It exists when two or more persons come to an d. Nota
agreement concerning the commission of a felony
and decide to commit it. Are those to which the law attaches the capital
punishment or penalties which in any of their
a. Formal Crimes period are afflictive, In accordance with the article
b. Material Crimes 25 of the RPC.
c. Conspiracy a. Grave Felonies
d. Proposal b. Less grave Felonies
c. Light Felonies
It exists when two or more persons come to an d. Nota
agreement concerning the commission of a felony Are those to which the law attaches the capital
and decide to commit it. punishment or penalties which in any of their
period are afflictive, In accordance with the article
a. Formal Crimes 25 of the RPC.
b. Material Crimes
c. Conspiracy a. Grave Felonies
d. Proposal b. Less grave Felonies
c. Light Felonies
When the person who has decided to commit a d. Nota
felony proposes its execution to some other person
or persons. this is referring to? Purpose
- to determine if it can be complex or not
a. Formal Crimes - prescription of Crime and Penalty
b. Material Crimes
c. Conspiracy
d. Proposal Article 9

Grave Felonies
When the person who has decided to commit a -Are those to which the law attaches the capital
felony proposes its execution to some other person punishment or penalties which in any of their
or persons. this is referring to? period are afflictive, In accordance with the article
25 of the RPC.
a. Formal Crimes
b. Material Crimes Less Grave Felonies
c. Conspiracy - Are those which the law punishes with penalties
d. Proposal which in their maximum period are correctional in
accordance with abovementioned article.

The following are punishable except? Light Felonies

- Are those infraction of law or the commission of
a. Conspiracy to commit treason which the penalty of arresto menor or a fine not
b. Conspiracy to commit rebellion or insurrection exceeding Forty thousand pesos (40,000) or both is
c. Proposal to commit treason provided.
d. Conspiracy to commit Murder

The following are punishable except?

Fine
a. Conspiracy to commit treason
 27

Afflictive - exceeds 1, 200,000

I. Justifying circumstances (Art. 11)
Correctional - not exceed 1,200,000 but not less
than II. Exempting circumstances (Art. 12), and other
40,000 absolutery causes (Arts. 20; 124, last par.; 280, last
par.; 332; 344; etc)
Light - less than 40,000
III. Mitigating circumstances (Art. 13)
Art. 10. Offenses not subject to the provisions of
this Code. Offenses which are or in the future may IV. Aggravating circumstances (Art. 14)
be punishable under special laws are not subject to
the provisions of this Code. This Code shall be V. Alternative circumstances (Art. 15)
supplementary to such laws, unless the latter
should specially provide the contrary.
Definition.
Special Law- a law which defines and punishes
act not found in the RPC Justifying circumstances are those where the act
of a person is said to be in accordance with law, so
that such person is deemed not to have
Which of the following statement is correct? transgressed the law and is free from both criminal
and civil liability.
a. Special laws are supplementary to RPC There is no civil liability, except in paragraph 4 of
b. RPC are supplementary to Special law Article 11, where the civil liability is borne by the
c. All are correct persons benefited by the act.
d. None is correct
Basis of justifying circumstances.
Which of the following statement is correct?
The law recognizes the non-existence of a crime
a. Special laws are supplementary to RPC by expressly stating in the opening sentence of
b. RPC are supplementary to Special law Article 11 that the persons therein mentioned “do
c. All are correct not incur any criminal liability.”
d. None is correct
Self-defense.
Circumstances affecting Criminal liability. Are
those where the acts of the person are said to be in Well-entrenched is the rule that where the accused
accordance with the law, therefore he is deemed invokes self defense, it is incumbent upon him to
not to have transgress the law. There is no criminal prove by clear and convincing evidence that he
and civil liability except in par. 4. indeed acted in defense of himself. He must rely
on the strength of his own evidence and not on the
a. Justifying Circumstances weakness of the prosecution. For, even if the
b. Exempting Circumstances prosecution evidence is weak, it could not be
c. Mitigating Circumstances disbelieved after the accused himself had admitted
d. Aggravating Circumstances the killing. (People v. Sazon, G.R. No. 89684,
e. Alternative Circumstances September 18, 1990, 189 SCRA 700, 704; People
v. Rey, G.R. No. 80089, April 13, 1989, 172
SCRA 149, 156)
Note:
Imputability- the quality by which a criminal
act maybe pinpointed to another as its doer or Justifying Circumstances
author.
1. Self defense
Responsibility- is the obligation of an offender 2. Defense of relatives
in suffering the consequences of a crime. 3. Defense of strangers
4. Avoidance of greater evil or injury
5. Fulfillment of duty or lawful exercise of right or
Circumstances affecting Criminal liability. Are office
those where the acts of the person are said to be in 6. Obedience to an order issued for some lawful
accordance with the law, therefore he is deemed purpose
not to have transgress the law. There is no criminal 7. Battered woman syndrome under RA 9344 is
and civil liability except in par. 4. now added

a. Justifying Circumstances
b. Exempting Circumstances Part 1 - Self defense
c. Mitigating Circumstances
d. Aggravating Circumstances Anyone who acts in defense of his person or
e. Alternative Circumstances rights, provided that the following circumstances
concur;
The circumstances affecting criminal liability are:
 28

Requisites it is currently the rule in the Philippines

1. Unlawful aggression. Note:

2. Reasonable necessity of the means * The belief of the accused is considered in

employed to prevent or repel it. determining the existence of unlawful aggression.

3. Lack of sufficient provocation on the part of the * But a mere threatening attitude is not unlawful
person defending himself. aggression.

Meaning of unlawful aggression. * Cases where the unlawful aggressor is disarmed

Unlawful aggression is equivalent to assault or at * The defender must not indiscriminately fire his
least threatened assault of an immediate and weapon
imminent kind.

There is unlawful aggression when the peril to Reasonable necessity of the means employed to
one’s life, limb prevent or repel it.

There must be actual physical force or actual use This second requisite of defense presupposes the
of weapon. existence of unlawful aggression, which is either
imminent or actual. Hence, in stating the second
There must be an actual physical assault upon a requisite, two phrases are used, namely:
person, or at least a threat to inflict real injury. (1) “to prevent” and (2) “to repel.” When we are
attacked, the danger to our life or limb is either
Unlawful aggression presupposes an actual, imminent or actual. In making a defense, we
sudden, and unexpected attack, or imminent prevent the aggression that places us in imminent
danger thereof, and not merely a threatening or danger or repel the aggression that places us in
intimidating attitude. actual danger. A threat to inflict real injury places
us in imminent danger. An actual physical assault
It cannot consist in oral threats or a merely places us in actual danger.
threatening stance or posture.

When there is no peril to one's life, limb, or right, In the case of U.S. v. Batungbacal, 37 Phil. 382,
there is no unlawful aggression. the Supreme Court stated: “The law protects not
only the person who repels an aggression (meaning
actual), but even the person who tries to prevent an
Note: aggression that is expected (meaning imminent).”

* When the aggressor flees, there is no more The second requisite of defense means that: (1)
unlawful aggression there be a necessity of the course of action taken
by the person making a defense, and (2) there be a
* But when he retreats to take advantage of a necessity of the means used. Both must be
better position, unlawful aggression still exists reasonable.

* There is no unlawful aggression when there is an The reasonableness of either or both such necessity
agreement to a fight. depends on the existence of unlawful aggression
and upon the nature and extent of the aggression.
* Rights involved in self defense includes defense
of honor and property.
Test Of Reasonableness In Determining
Whether There Is Self Defense
Retreat to the wall doctrine
1. Nature of the weapon used by the aggressor
1. An ancient common law rule in homicide which 2. Quality of his weapon
made it the duty of a person assailed to retreat as 3. The physical conditions of both parties
far as he can before he is justified in meeting force 4. Place of the aggression and others
with force
Provocation- any unjust or improper conduct on
the part of the offended party capable of inciting or
2. No longer followed in the Philippines irritating any one.
Stand ground when in the right

A rule which states that where the accused is Lack of sufficient provocation on the part of the
where he has the right to be, the law does not person defending himself".
require him to retreat when his assailant is
advancing upon him with a deadly weapon. Reason for the third requisite of self-defense.
 29

When the person defending himself from the In the determination of the state of mind
attack by another gave sufficient provocation to of the woman who was suffering from the battered
the latter, the former is also to be blamed for woman syndrome at the time of the commission of
having given cause for the aggression. Hence, to the crime, the courts shall be assisted by expert
be entitled to the benefit of the justifying psychiatrists/psychologists.
circumstance of self-defense, the one defending
himself must not have given cause for the
aggression by his unjust conduct or by inciting or Battery- refers to any act of inflicting physical
provoking the assailant. harm upon the woman or her child resulting to
physical and psychological or emotional distress
Cases in which third requisite of self-defense
considered present.
Battered Woman- one who is repeatedly
The third requisite of self-defense is present — subjected to any forceful physical or psychological
behavior by a man in order to coerce her to do
1. When no provocation at all was given to the something he wants her to do without concern for
aggressor by her rights. It includes wives or woman in any form
the person defending himself; or of intimate relationship with a man. The couple
must go through the acute battering cycle at least
2. When, even if a provocation was given, it was twice.
not sufficient; or

3. When, even if the provocation was sufficient, it Battered Woman Syndrome (BWS)- refers to a
was not given by the person defending himself: or scientifically defined pattern of psychological and
behavioral symptoms found in women living in
4. When, even if a provocation was given by the battering relationships as a result of cumulative
person defending himself, it was not proximate abuse.
and immediate to the act of aggression.
Cycles of Violence in BWS
(Decisions of the Supreme Court of Spain of
March 5, 1902 and of April 20, 1906) 1.Tension Building Phase- where minor battering
occurs such as verbal or slight physical abuse or
Note: another form of hostile behavior.
Who has the burden to prove self defense? 2. Acute Battering Incident- characterized by
The defense (accused) brutality, destructiveness and death.
3. Tranquil or Loving Phase- The batterer shows
loving caring nurture to the victim.
Determine if The elements of Self defense are
Present.
Note:
1. Pedro a Robber suddenly attack Juan with a
knife. Juan immediately draw his pistol and shot In the case of People vs. Marivic Genosa,
Juan causing his death. Can Juan invoke self January 15, 2004, also September 29, 2000, the
defense? Supreme Court speaking through Justice Artemio
Panganiban appreciated the BWS only as
2. Pedro a bystander suddenly slap Juan in the mitigating circumstance under “analogous
face. Juan immediately draw his pistol and shot circumstances” that diminish will power under
Juan to death. Can Juan invoke self defense? Par. 10, Art. 13, RPC. However, RA 9262 formally
established BWS as justifying circumstance. Thus,
3. Juan Slap Pedro in the face several times. BWS is now a new justifying circumstance
Because of anger Pedro draw his knife and stabbed pursuant to this (RA 9262) Special Penal Law.
Juan, but Juan evaded the attack and draw his
pistol and shot Pedro causing his death? Can Juan
invoke self defense? Part 2. Defense of Relatives Requisites

Battered Woman Syndrome Anyone who acts in defense of the person or rights
of his spouse, ascendants, descendants, or
Section 26 of RA 9262 provides that “ Victim- legitimate, natural or adopted brothers or sisters, or
survivors who are found by the courts to be his relatives by affinity in the same degrees and
suffering from battered woman syndrome DO those consanguinity within the fourth civil degree,
NOT INCUR ANY CRIMINAL AND CIVIL provided that the first and second requisites
LIABILITY NOTWITHSTANDING THE prescribed in the next preceding circumstance are
ABSENCE OF ANY ELEMENTS FOR present, and the further requisite, in case the
JUSTIFYING CIRCUMSTANCES OF SELF revocation was given by the person attacked, that
DEFENSE UNDER THE REVISED PENAL the one making defense had no part therein.
CODE.
Requisites
 30

1. Unlawful aggression 1. Unlawful aggression

2. Reasonable necessity of the means employed to 2. Reasonable necessity of the means employed to
prevent or repel it prevent or repel it
3. In case the provocation was given by the person 3. The person defending be not induced by
attacked, the one making the defense had no part revenge, resentment or other evil motive.
therein.
Who are deemed strangers?

Relatives that can be defended Any person not included in the enumeration of
relatives mentioned in paragraph 2 of this article,
1. Spouse is considered stranger for the purpose of paragraph
2. Ascendants 3. Hence, even a close friend or a distant relative is
3. Descendants a stranger within the meaning of paragraph 3.
4. Legitimate, Natural or adopted brothers and
sisters, or relatives by affinity in the same degrees
5. Relatives by consanguinity within the fourth Determine if there is Defense of Strangers.
civil degree
1.Pedro saw his girlfriend who was being attacked
Relatives by affinity. with a knife by Juan. Pedro draw his gun and shot
Juan causing his death. Can Pedro invoke Defense
Relatives by affinity, because of marriage, are of strangers?
parents-in-law, son or daughter-in-law, and brother
or sister-in-law. 2.Maria was being attacked by Pedro with a knife.
Juan who saw the incident thought that it is his
Relatives by consanguinity. opportunity to make revenge to Juan because of
stealing his girlfriend. Juan draw his gun and shot
Consanguinity refers to blood relatives. Brothers Pedro causing his death. Can Juan invoke Defense
and sisters are within the second civil degree; of strangers?
uncle and niece or aunt and nephew are within the
third civil degree; and first cousins are within the Part 4. Avoidance of Greater Evil
fourth civil degree.
Any person who, in order to avoid an evil or
injury, does not act which causes damage to
Determine if the elements of Defense of relatives another
are present?
Requisites
1.Sonny while walking, suddenly stabbed by Pedro
incessantly. The Father of Sonny who saw the 1. That the evil sought to be avoided actually
incident immediately drew his gun and shot Pedro exists;
causing his death. Can the Father of Sonny invoke 2. That the injury feared be greater than that done
Defense of relatives? to avoid it;
3. That there be no other practical and less harmful
2.Pedro while walking peacefully suddenly means of preventing it
punched in the face by Sonny. Because of anger
Pedro draw his knife and incessantly stabbed
Pedro. The father of Sonny who saw the incident "Damage to another"
immediately drew his pistol and shot Pedro
causing his death. Can the Father of Sonny invoke This term covers injury to persons and damage to
Defense of relatives? property.

3.While walking peacefully, Father and Sonny There is civil liability under this paragraph.
punched Pedro in the face. Because of anger Pedro
drew his knife went to Sonny and incessantly Although, as a rule there is no civil liability in
stabbed him. The Father immediately drew his gun justifying circumstances, it is only in paragraph 4
and shot Pedro causing his death. Can the Father of Article 11 where there is civil liability, but the
of Sonny invoke Defense of relatives? civil liability is borne by the persons benefited.

Part 3. Defense of Strangers In cases falling within subdivision 4 of Article 11,

the persons for whose benefit the harm has been
Anyone who acts in defense of the person or prevented, shall be civilly liable in proportion to
rights of a stranger, provided that the first and the benefit which they may have received. (Art.
second requisites mentioned in the first 101)
circumstance of this article are present and that the
person defending be not induced by revenge,
resentment, or other evil motive. Determine if Avoidance of greater evil can be
invoke
Requisites
 31

1. A truck lost its break and leading it's way to Both the person who gives the order and the
Pedro. Pedro stuck between two choices. If he will person who executes it, must be in acting within
stay on his lane the truck will hit him and if he will the limitations prescribed by law.
swerve to the other side he will hit the bystander.
He chosed to swerved on the right hitting the Absence of third requisite
bystander causing his death. Can Pedro invoke
Avoidance of greater evil? The court ordered that the convict should be
executed on a certain date. The executioner put
2. A fireman Destroy one house inorder prevent him to death earlier than the date fixed by the
other houses from burning. Can the fireman invoke court.
Avoidance of greater evil?
The execution of convict, although by virtue of a
Part 5. Fulfillment of Duty or Lawful Exercise lawful order of the court, was carried out against
of Right or Office the provision of Article 82. The executioner is
guilty of murder.
Any person who acts in the fulfillment of a duty or
in the lawful exercise of a right or office. When the order is not for a lawful purpose, the
Requisites subordinate who obeyed it is criminally liable.

1. The accused acted in the performance of duty Asoldier who, in obedience to the order of his
or in the lawful exercise of a right or office. sergeant, tortured to death the deceased for
bringing a kind of fish different from that he had
2. The injury caused is the consequence of the due been asked to furnish a constabulary detachment,
performance of duty or the lawful exercise of such is criminally liable. Obedience to an order of a
right or office. superior is justified only when the order is for
some lawful purpose. The order to torture the
deceased was ilegal, and the accused was not
1. In a hostage taking situation the hostage taker bound to obey it.
was about to kill his captive. The SWAT officer
with accuracy shot the hostage taker to head The subordinate is not liable for carrying out an
causing his instantaneous death. Can the SWAT illegal order of his superior, if he is not aware of
officer invoke Paragraph 5 for the death of the the illegality of the order.
hostage taker?

2. Pedro punches the Robber who tries to grab his

bag. The robber sued Pedro for Physical Injury. Exempting circumstances.
Can Pedro invokes paragraph 5?
1. Definition.
Exempting circumstances (non-imputability) are
Doctrine Of Self Help- states that the owner or the those grounds for exemption from punishment
lawful possessor of a thing has the right to exclude because there is wanting in the agent of the crime
any person from the enjoyment and disposal any of the conditions which make the act voluntary
thereof. Thus he may use such force as may be or negligent.
reasonably necessary to repel or prevent an actual
or threatened unlawful physical invasion or 2. Basis.
usurpation of his property. (Art. 429 Civil Code) The exemption from punishment is based on the
complete absence of intelligence, freedom of
3. A Surgeon amputated the leg of a patient to save action, or intent, or on the absence of negligence
him from gangrene. The patient sued him for on the part of the accused.
mutilation. Can the Surgeon invoke Paragraph 5? Under the R.P.C., a person must act with malice or
negligence to be criminally liable. One who acts
Part 6. Obedience to an Order Issued for some without intelligence, freedom of action or intent
lawful purpose. does not act with malice. On the other hand, one
who acts without intelligence, freedom of action or
Any person who acts in obedience to an order fault does not act with negligence.
issued by a superior for some lawful purpose.

Requisites Exempting Circumstances

1. That an order has been issued by a superior. 1. Imbecility; Insanity (unless the latter acted
2. That such order must be for some lawful during a lucid interval)
purpose. 2. A person under 9 (Repealed by RA 9344)
3. That the means used by the subordinate to carry 3. A person over 9 and under 15 unless he has
out said order is lawful acted with discernment (Repealed by RA 9344)
4. Accident
5. Irresistible force
6. Uncontrollable fear
7. Lawful or insuperable cause.
 32

In exempting circumstances, there is a crime Part 3. Minority

committed but no Criminal liability arises.
A person over nine years of age and under fifteen,
Technically, one who acts by virtue of any of the unless he has acted with discernment, in which
exempting circumstances commits a crime, case, such minor shall be proceeded against in
although by the complete absence of any of the accordance with the provisions of Art. 80 of this
conditions which constitute free will or Code. (Repealed by RA 9344)
voluntariness of the act, no criminal liability arises.
(Guevara)
Paragraphs 2 and 3, Article 12 of the R.P.C.
Burden of proof. repealed by Republic Act No. 9344.

Any of the circumstances mentioned in Article 12 (1) A child 15 years of age or under is exempt
is a matter of defense and the same must be proved from criminal liability.
by the defendant to the satisfaction of the court.
Under R.A. No. 9344, a child 15 years of age or
under is exempt from criminal liability. However,
Part 1.Imbecility; Insanity the child shall be subject to an intervention
program pursuant to Section 20 thereof.
Imbecile- one who is old but has a mental
development similar to children between the ages A child is deemed to be 15 years of age on the day
2-7 years. of the 15th anniversary of his/her birthdate. (Sec.
6, R.A. No. 9344)
Insanity- one which exists when there is a
complete deprivation of intelligence in committing (2) A child above 15 but below 18 is exempt from
the criminal act, that is the accused is deprived of criminal liability unless he/she acted with
reason and acts without the least discernment. discernment.

The insane is not so exempt if it can be shown that A child above 15 years but below 18 years of age
he acted during lucid interval shall likewise be exempt from criminal liability
and be subjected to an intervention program,
During lucid interval, the insane acts with unless he/she has acted with discernment, in which
intelligence. case, such child shall be subject to the appropriate
proceedings in accordance with this Act.
Note:
The exemption from criminal liability does not
Who has the burden to prove insanity? include exemption from civil liability, which shall
Defense (Accused) be enforced in accordance with existing laws.

Discernment- the mental capacity of a minor to

Insanity at the Time of the Commission of the distinguish between right from wrong and to fully
Crime vs. Insanity at the Time of Trial appreciate the consequences of his felonious acts.
It may be shown by:
When a person was insane at the time of the
commission of the felony, he is exempt from a. manner of committing the crime;
criminal liability. b. conduct of the offender
c. such other circumstances
When he was sane at the time of the commission
of the crime, but he becomes insane at the time of
the trial, he is liable criminally. The trial, however, REPUBLIC ACT 9344- AN ACT ESTABLISHING
will be suspended until the mental capacity of the A COMPREHENSIVE JUVENILE JUSTICE AND
accused be restored to afford him a fair trial. WELFARE SYSTEM (Juvenile Justice and Welfare
Act of 2006)
Child in Conflict with the Law- a child who is
Part 2. Minority accused or adjudged of having committed an
offense.
A person under nine years of age. (Repealed by
RA 9344) Initial contact with the child- refers to the
apprehension of a child in conflict with the law by
Age of absolute irresponsibility raised to 15 years officers or private citizens.
of age.
Status Offense- offenses which discriminate only
Republic Act No. 9344, otherwise known as against a child while an adult does not suffer any
“Juvenile Justice and Welfare Act of 2006,” raised penalty for committing similar acts. Examples are:
the age of absolute irresponsibility from nine to 15 curfew violations, truancy, parental disobedience.
years of age.
 33

Irresistible force- a force which produces such an

Section 6 RA 9344 says: A child 15 years of age or effect upon an individual that, in spite of all
under at the time of the commission of the offense resistance, it reduces him to a mere instrument and
shall be exempt from criminal liability. as such incapable of committing a crime

A child above 15 years but below 18 shall likewise Example: In the case of U.S. v. Caballeros, et al., 4
be exempt from criminal liability and be subjected Phil. 350, it appears that Baculi, one of the accused
to intervention program unless he has acted with who was not a member of the band which
discernment. murdered some American schoolteachers, was in a
plantation gathering bananas. Upon hearing the
Section 58 of the same law says: Persons below 18 shooting, he ran. However, Baculi was seen by the
years of age shall be exempt from prosecution for leaders of the band who called him, and striking
the crime of vagrancy and prostitution, of him with the butts of their guns, they compelled
mendicancy under PD 1563 and sniffing of rugby him to bury the bodies.
under PD 1619.
Held: Baculi was not criminally liable as accessory
for concealing the body of the crime (Art. 19) of
Part 4. Accident murder committed by the band, because Baculi
acted under the compulsion of an irresistible force.
Any person who, while performing a lawful act
with due care, causes an injury by mere accident
without fault or intention of causing it. Part 6. Uncontrollable Fear

Requisites Any person who acts under the impulse of an

uncontrollable fear of an equal or greater injury.
1. A person performs a lawful act;
2. With due care; Requisites.
3. He causes an injury to another;
4. Without fault or intention of causing it. 1. That the threat which causes the fear is of an
evil greater than or at least equal to, that which he
is required te commit;
What is an accident?
2. That it promises an evil of such gravity and
An accident is something that happens outside the imminence that the ordinary man would have
sway of our will, and although it comes about succumbed to it.
through some act of our will, lies beyond the
bounds of humanly foreseeable consequences. The exempting circumstance of uncontrollable fear
presupposes that the accused is compelled by
If the consequences are plainly foreseeable, it will means of threat or intimidation by a third person to
be a case of negligence. (Albert) commit a crime.

Basis:
A chauffeur, while driving his automobile on the “ ACTUS ME INVITO FACTUS NON
proper side of the road at a moderate speed and EST MEUS FACTUS”- An act done by me
with due diligence, suddenly and unexpectedly against my will is not my act.
saw a man in front of his vehicle coming from the
sidewalk and crossing the street without any
warning that he would do so. Because it was not Illustration:
physically possible to avoid hitting him, the said
chauffeur ran over the man with his car. It was Liberato Exaltacion and Buenaventura Tanchinco
held that he was not criminally liable, it being a were compelled under fear of death to swear
mere accident. (U.S. v. Tayongtong, 21 Phil. 476) allegiance to the Katipunan whose purpose was to
overthrow the government by force of arms.

Part 5. Irresistible Force In this case, the accused cannot be held criminally
liable for rebellion, because they joined the rebels
Any person who act under the compulsion of under the impulse
irresistible force. of an uncontrollable fear of an equal or greater
injury. (U.S. v.
Requisites. Exaltacion, 3 Phil. 339)

1. That the compulsion is by means of physical The penalty for rebellion, the crime which
force. Exaltacion was required to commit, is prision
2. That the physical force must be irresistible. mayor, that is, imprisonment for a period of six
3. That the physical force must come from a third years and one day to 12 years, and fine. The act
person. which he was asked to commit was to swear
allegiance to the Katipunan and become one of
those engaged in overthrowing the government by
 34

force of arms. If he did not commit it, he would be It is that situation where the act committed may be
killed. Death is a much greater injury than considered as a criminal offense; yet, because of
imprisonment for 12 years and paying a fine. the public policy and sentiment, there is no penalty
imposed for its commission. In other words, they
But if A had threatened to burn the house of B have the effect of exempting the actor from
should the latter not kill his (B’s) father, and B criminal liability.
killed his father for fear that A might burn his
(B’s) house, B is not exempt from criminal Absolutory Causes
liability for the reason that the evil with which he
was threatened was much less than that of killing 1. Art. 6 on spontaneous desistance
his father. 2. Art. 20. Accessories exempted
3. Instigation – one which takes place when a
peace officer induces a person to commit a crime.
Part 7. Lawful or Insuperable Cause Without the inducement, the crime would not be
committed. It exempts one from criminal liability.
Any person who fails to perform an act required by 4. Art 247. Death or physical injuries under
law, when prevented by some lawful insuperable exceptional circumstances
cause. 5. Art. 280 (3) trespass
6. Art. 332. Persons exempt from criminal liability
Requisites. 7. Art. 344 (4) Marriage

1. That an act is required by law to be done.

2. That a person fails to perform such act.
3. That his failure to perform such act was due to Mitigating circumstances.
some lawful or insuperable cause.
Definition

When prevented by some lawful cause. Mitigating circumstances are those which, if
present in the commission of the crime, do not
Example: entirely free the actor from criminal liability, but
serve only to reduce the penalty.
A confessed to a Filipino priest that he and several
other persons were in conspiracy against the Basis
Government. Under Article 116, a Filipino citizen
who knows of such conspiracy must report the Mitigating circumstances are based on the
same to the governor or fiscal of the province diminution of either freedom of action,
where he resides. If the priest does not disclose intelligence, or intent, or on the lesser perversity of
and make known the same to the proper authority, the offender.
he is exempt from criminal liability, because under
the law, the priest cannot be compelled to reveal
any information which he came to know by reason Mitigating Circumstances
of the confession made to him in his professional
capacity. 1. Incomplete justifying or exempting
circumstance
When prevented by some insuperable cause. 2. Under 18
3. No intention to commit so grave a wrong
Examples: (praeter intentionem)
4. Sufficient provocation or threat
1. The municipal president detained the offended 5. Vindication of a grave offense
party for three days to take him to the nearest 6. Passion or obfuscation
justice of the peace required a journey for three 7. Voluntary surrender/ voluntary confession of
days by boat as there was ms guilt
other means of transportation. (U.S. v. Vicentillo, 8. Deaf, dumb, blind and other physical defects
19 Phil. 118, 119) 9. Illnesses which diminish will power
10. Analogous circumstances.
Under the law, the person arrested must be
delivered to the nearest judicial authority at most
within 18 hours (now 36 hours, Art. 125, R.P.C., Classes of mitigating circumstances.
as amended) otherwise, the public officer will be
liable for arbitrary detention. The distance which 1. Ordinary mitigating — those enumerated in
required a journey for three days was considered subsections 1 to 10 of Article 13.
an insuperable cause. Hence, it was held the Those mentioned in subsection 1 of Article 13 are
accused was exempt from criminal liability. ordinary mitigating circumstances, if Article 69,
for instance, is not applicable.

2. Privileged mitigating —
Absolutory Cause a. Article 68. Penalty to be imposed upon a person
under eighteen years of age.
 35

b. Article 69. Penalty to be imposed when the offense without resorting to formal court
crime committed is not wholly excusable. proceedings. (Sec. 4[j], R.A. No. 9344)
c. Article 64. Rules for the application of penalties
which contain three periods.
That the offender is over 70 years of age is only a
* When there are two or more mitigating generic mitigating circumstances
circumstances and no aggravating circumstances
are present, the court shall impose the penalty next Part 3. Praeter Intentionem
lower to that prescribed by law, in the period that it
may deem applicable, according to the number and That the offender had no intention to commit so
nature of such circumstances. grave a wrong as that committed.

No Intention To Commit So Grave A Wrong As

Distinctions. That Committed

1. Ordinary mitigating is susceptible of being Note:

offset by any aggravating circumstance; while How to determine the lack of grave intention
privileged mitigating cannot be offset by to commit the offense?
aggravating circumstance.
Consider the following:
2. Ordinary mitigating, if not offset by an a. the weapon used
aggravating circumstance, produces only the effect b. nature of the injury
of applying the penalty provided by law for the c. part of the body targeted
crime in its minimum period, in case of divisible
penalty; whereas, privileged mitigating produces This mitigating circumstance can be invoke
the effect of imposing upon the offender the only in felonies resulting in some physical harm
penalty lower by one or two degrees than that like physical injuries, homicide etc.
provided by law for the crime.

Part 4. Sufficient Provocation or Threat

Part 1. Incomplete Justifying or Incomplete
Exempting Circumstances That sufficient provocation or threat on the part of
the offended party immediately preceded the act.
Those mentioned in the preceding chapter, when
all the requisites necessary to justify or to exempt Requisites:
from criminal liability in the respective cases are
not attendant. 1. That the provocation must be sufficient;
2. That it must originate from the offended party;
and
Incomplete self-defense, defense of relatives, and 3. That the provocation must be immediate to the
defense of stranger. act, i.e., to the commission of the crime by the
person who is provoked.
Note: that in these three classes of defense,
unlawful aggression must be present, it being an
indispensable requisite. What is absent is either When the deceased abused and ill-treated the
one or both of the last two requisites. accused by kicking and cursing the latter, the
accused who killed him committed the crime with
Part 2. Minority (Under 18) his mitigating circumstances.

That the offender is under eighteen year of age or

over seventy years. In the case of the minor, he Part 5. Vindication
shall be proceeded against in accordance with the
provisions of Art. 80. (Correlate with RA 9344) That the act was committed in the immediate
vindication of a grave offense to the one
Meaning of Diversion and Diversion Program committing the felony (delito), his spouse,
under Republic Act No. 9344 ascendants, or relatives by affinity within the same
degrees.
“Diversion” refers to an alternative, child-
appropriate process of determining the Requisites
responsibility and treatment of a child in conflict
with the law on the basis of his/her social, cultural, 1. That there be a grave offense done to the one
economic, _ psychological, or educational committing the felony, his spouse, ascendants,
background without resulting to formal court descendants, legitimate, natural or adopted
proceedings. (Sec. 4[j], R.A. No. 9344) brothers or sisters, or relatives by affinity within
the same degrees;
“Diversion Program” refers to the program that
the child in conflict with the law is required to 2. That the felony is committed in vindication of
undergo after he/she is found responsible for an such grave offense. A lapse of time is allowed
 36

between the vindication and the doing of the grave

offense. Part 7. Voluntary Surrender or Voluntary
Confession of Guilt

The word "immediate" used in the English text is That the offender had voluntarily surrendered
not correct translation. The Spanish text uses himself to a person in authority or his agents, or
"Proxima". (following) that he had voluntarily confessed his guilt before
the court prior to the presentation of the evidence
for the prosecution.
Illustrations
Two mitigating circumstances are provided in this
Being accused by the victim that the accused stole paragraph.
the former’s rooster which made the latter feel
deeply embarrassed, and the encounter took place 1. Voluntary Surrender to a person in authority or
in about half an hour’s time. his agents.
2. Voluntary confession of guilt before the court
Juan killed by Pedro. Jose who's Juan's brother prior to the presentation of evidence for the
would be entitled to mitigating circumstances of prosecution.
vindication of grave offense if they cause serious
physical injuries to Pedro immediately after Requisites of voluntary Surrender.
learning of Juan's death.
1. That the offender had not been actually arrested.
2. That the offender surrendered himself to a
person in authority or to the latter's agent.
Part 6. Passion or Obfuscation 3. That the surrender was voluntary.

That of having acted upon an impulse so powerful Cases of voluntary surrender.

as naturally to have produced passion or
obfuscation. The accused, after plunging a bolo into the
victim’s chest, ran toward the municipal building.
Requisites Upon seeing a patrolman, he immediately threw
away his bolo, raised his two hands, offered no
1. The accused acted upon an impulse. resistance and said to the patrolman, “Here is my
bolo, I stabbed the victim.” There was intent or
2. The impulse must be so powerful that it desire to surrender voluntarily to the authorities.
naturally produced passion or obfuscation in him.

Requisites of plea of guilty.

Rule for the application of this paragraph. In order that the plea of guilty may be mitigating,
the three requisites must be present:
Passion or obfuscation may constitute a mitigating
circumstance only when the same arose from 1. That the offender spontaneously confessed his
lawful sentiments. guilt;
2. That the confession of guilt was made in open
For this reason, even if there is actually passion or court, that is, before the competent court that is to
obfuscation on the part of the offender, there is no try the case; and
mitigating circumstance, when: 3. That the confession of guilt was made prior to
the presentation of evidence for the prosecution.
(1) The act is committed in a spirit of lawlessness;
or
(2) The act is committed in a spirit of revenge. Part 8. Physical Handicapped or Defects

Page 308 That the offender is deaf and dumb, blind or

otherwise suffering some physical defect which
Illustration thus restricts his means of action, defense, or
communications with his fellow beings.
1. The accused killed his wife on the occasion
when she visited another man, this mitigating
circumstances was held to be applicable, having in In a criminal case charging robbery in an inhabited
the mind the jealousy of the accused and her house, the accused is deaf and dumb.
refusal to return to his house.
Held: He is entitled to mitigating circumstances of
2. The accused is entitled to the mitigating being deaf and dumb.
circumstances of passion or obfuscation where he
hit the deceased upon seeing the latter box his four
years old son.
 37

Physical defect must restrict means of action, Aggravating circumstances are those which, if
defense, or communication with fellow beings. attendant in the commission of the crime, serve to
increase the penalty without, however, exceeding
Part 9. Other Illnesses the maximum of the penalty provided by law for
the offense.
Such illness of the offender as would diminish the
exercise of the will-power of the offender without 2. Basis
however depriving him of the consciousness of his They are based on the greater perversity of the
acts. offender manifested in the commission of the
felony as shown by:
Requisites:
(1) the motivating power itself;
1. That the illness of the offender must diminish (2) the place of commission;
the exercise of his will-power. (3) the means and ways employed;
(4) the time; or
2. That such illness should not deprive the offender (5) the personal circumstances of the offender, or
of consciousness of his acts. of the offended party.

Illustration Aggravating Circumstances

1. Advantage of public position
1.A mother who, under the influence of a 2. In contempt or with insult to public authorities
puerperal fever, killed her child the day following 3. Disrespect on the rank, age or sex of the
her delivery. offended party; the crime is committed in the
dwelling of offended party
4. Abuse of confidence or obvious ungratefulness
2.The mistaken belief of the accused that the 5. Palace of the Chief Executive, or in his
killing of a witch was for the public good may be presence, or place where authorities discharge their
considered a mitigating circumstance for the duties, or place of religious worship
reason that those who have obsession that witches 6. Nighttime, uninhabited place, band
are to be eliminated are in the same condition as 7. On occasion of conflagration, shipwreck etc.
one who, attacked with a morbid infirmity but still 8. Aid of armed men
retaining consciousness of his acts, does not have 9. Recidivist
real control over his will. 10. Reiteration
11. Price, reward or promise
12. Inundation, fire, poison, etc
Part 10. Analogous Circumstances 13. Evident Premeditation
14. Craft, fraud or Disguise
And, finally, any other circumstances of a similar 15. Superior strength or means to weaken defense
nature and analogous to those above mentioned. 16. Treachery
17. Ignominy
18. Unlawful entry
Must be of similar nature and analogous to those 19. Wall, roof, floor be broken
mentioned in paragraphs 1 to 9 of Article 13. 20. Aid of persons under 15, motor vehicle
21. Cruelty
This paragraph authorizes the court to consider in 22. Use of unlicensed firearms in the crimes of
favor of the accused “any other circumstance of a murder or homicide pursuant to RA 8294
similar nature and analogous to those mentioned”
in paragraphs 1 to 9 of Article 13.
Four kinds of aggravating circumstances.

Over 60 years old with failing sight, similar to 1. Generic — Those that can generally apply to all
over 70 years of age mentioned in paragraph 2. crimes. Example — Dwelling, nighttime, or
recidivism.
Outraged feeling of owner of animal taken for In Article 14, the circumstances in paragraphs 1, 2,
ransom analogous to vindication of a grave 3 (dwelling), 4, 5, 6, 9, 10, 14, 18, 19, and 20,
offense. except “by means of motor vehicles,” are generic
aggravating circumstances.
Impulse of jealous feeling, similar to passion and
obfuscation. 2. Specific — Those that apply only to particular
crimes.
Extreme poverty and necessity, similar to Example — Ignominy in crimes against chastity or
incomplete justification based on state of cruelty and treachery in crimes against persons.
necessity. In Article 14, the circumstances in paragraphs
(except
Aggravating circumstances. dwelling) 15, 16, 17, and 21 are specific
aggravating circumstances.
1. Definition
 38

3. Qualifying — Those that change the nature of A public authority, sometimes also called a person
the crime. in authority, is a public officer who is directly
Example — Alevosia (treachery) or evident vested with jurisdiction, that is, a public officer
premeditation qualifies the killing of a person to who has the power to govern and execute the laws.
murder. The councilor, the mayor, the governor, etc., are
persons in authority. The barangay captain and
4. Inherent — Those that must of necessity barangay chairman are also persons in authority.
accompany the commission of the crime. (Art. 62, (Art. 152, as amended by P.D. No. 1232,
par. 2) November 7, 1977)
Example — Evident premeditation is inherent in
robbery, theft, estafa, adultery, and concubinage. Not applicable when crime is committed in the
presence of an agent only.
Paragraph 2 of Article 14 was not applied in a case
Part 1. Taking advantage of public position where the crime was committed in the presence of
the chief of police of a town, because he is not a
That advantage be taken by the offender of his public authority, but an agent of the authorities.
public position. (People uv. Siojo, 61 Phil. 307, 311, 317; People v.
Verzo, No. L-22517, December 26, 1967, 21
Applicable only when the offender is a public SCRA 1403, 1410)
officer.
An agent of a person in authority is “any person
The aggravating circumstance that advantage be who, by direct provision of law or by election or
taken by the offender of his public position applies by appointment by competent authority, is charged
only when the person committing the crime is a with the maintenance of public order and thé
public officer who takes advantage of his public protection and security of life and property, such
position. as barrio councilman, barrio policeman and
barangay leader, and any person who comes to the
aid of persons in authority.” (Art. 152, as amended
Example by B.P. Big. 873)

The accused took advantage of his public position. Part 3. Disregard of rank, age or sex
He could not have maltreated the victim if he was
not a policeman on guard duty. Because of his That the act be committed with insult or in
position, he had access to the cell where the victim disregard of the respect due the offended party on
was confined. The prisoner was under his custody. account of his rank, age, or sex, or that is be
committed in the dwelling of the offended party, if
the latter has not given provocation.
Part 2. In contempt or insult of authorities

That the crime be committed in contempt or with When all the four aggravating circumstances are
insult to the public authorities. present, they must be considered as one

Requisites This circumstance (rank, age, or sex) may be taken

1. That the public authority is engaged in the into account only in crimes against persons or
exercise of his functions. honor.
2. That he who is thus engaged in the exercise of
said functions is not the person against whom the With insult or in disregard of the respect due to the
crime is committed. offended party on account --
3. The offender knows him to be a public
authority. 1. Of the rank of the offended party.
4. His presence has not prevented the offender
from committing the criminal act. There must be a difference in the social condition
of the offender and the offended party.
For example, a private citizen who attacked and
Example of this aggravating circumstance: injured a person in authority, or a pupil who
attacked and injured his teacher. But the act must
A and B are quarreling on a street and the not constitute Direct Assault under Article 148 of
municipal mayor, upon passing by, attempts to the RPC.
separate them to stop the quarrel. Notwithstanding
the intervention and the presence of the mayor, A
and B continued to quarrel until A succeeds in 2. Of the age of the offended party.
killing B. In this case, A commits the crime of
homicide with the aggravating circumstance of “in The person killed was very old and very weak
contempt of or with insult to the public authority.”

The deceased was 65 while the offender were 22

Meaning of “public authority.” and 27 years of age.
 39

3. Of the sex of the offended party. such trust by committing the crime. The abuse of
confidence must be a means of facilitating the
This refers to the female sex, not to the male sex. commission of the crime, the culprit taking
advantage of the offended party’s belief that the
Example. former would not abuse said confidence.
1. Direct assault upon a lady teacher.
2. When a person compels a woman to go to his Requisites:
house against her will, the crime of coercion with 1. That the offended party had trusted the offender.
the aggravating circumstances of disrespect to sex 2. That the offender abused such trust by
is committed. committing a crime against the offended party.
3. That the abuse of confidence facilitated the
That the crime be committed in the dwelling of the commission of the crime.
offended party.
Example: A jealous lover, who had already
Dwelling must be a building or structure, determined to kill his sweetheart, invited her to a
exclusively used for rest and comfort. A ride in the country. The girl, unsuspecting of his
“combination house and store” (People v. plans, went with him. While they were in the car,
Magnaye, 89 Phil. 233, 239), or a market stall the jealous lover stabbed her. It was held that this
where the victim slept is not a dwelling. aggravating circumstance was present. (People v.
Marasigan,
70 Phil. 583, 594)
“The home is a sort of sacred place for its owner.
He who goes to another’s house to slander him,
hurt him or do him wrong, is more guilty than he Ungratefulness must be obvious, /.e., manifest and
who offends him elsewhere.” (Viada, 5th Ed., Vol. clear.
II, pp. 323-324)
The other aggravating circumstance in paragraph 4
of Article 14 is that the act be committed with
The evidence must show clearly that the defendant obvious ungratefulness.
entered the house of the deceased to attack him.
(People v. Lumasag, 56 Phil. 19, 22; People v. This aggravating circumstance was present in the
Manuel, Nos. L-23786-7, August 29, 1969, 29 case of the accused who killed his father-in-law in
SCRA 337, 345) whose house he lived and who partially supported
him.

Offended party must not give provocation. The circumstance was present where the accused
was living in the house of the victim who
As may be seen, a condition sine qua non of this employed him as an overseer and in charge of
circumstance, is that the offended party “has not carpentry work, and had free access to the house of
given provocation” to the offender. When it is the the victim who was very kind to him, his family,
offended party who has provoked the incident, he and who helped him solve his problems.
loses his right to the respect and consideration due
him in his own house. (People v. Ambis, supra) Part 5. In presence of President, or place
dedicated to religious worship, or place where
Meaning of provocation in the aggravating authorities do their duties
circumstance of dwelling.
That the crime be committed in the palace of the
The provocation must be: Chief Executive or in his presence, or where public
authorities are engaged in the discharge of their
(1) Given by the owner of the dwelling, duties, or in a place dedicated to religious worship.
(2) Sufficient, and .
(3) Immediate to the commission of the crime. Place where public authorities are engaged in the
discharge of their duties (par. 5), distinguished
from contempt or insult to public authorities. (par.
Part 4. Abuse of confidence or obvious 2)
ungratefulness
1. In both, the public authorities are in the
That the act be committed with abuse of performance of their duties.
confidence or obvious ungratefulness.
2. Under paragraph 5, the public authorities who
There are two aggravating circumstances in this are in the performance of their duties must be in
paragraph. their office; while in paragraph 2, the public
authorities are performing their duties outside of
their office.
Abuse of confidence.
3. Under paragraph 2, the public authority should
This circumstance exists only when the offended not be the offended party; while under paragraph
party has trusted the offender who later abuses
 40

5, he may be the offended party. (U.S. v. Baluyot,

40 Phil. 385, 395) Part 7. Calamity or misfortune

Place dedicated to religious worship That the crime be committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic or
The aggravating circumstance “that the crime be other calamity or misfortune.
committed xX X x in a place dedicated to religious
worship” was appreciated in a case where the Reason for the aggravation.
accused shot the victims inside the church or in a
case of unjust vexation where the accused kissed a The reason for the existence of this circumstance is
girl inside a church when a religious service was found in the debased form of criminality met in
being solemnized. one who, in the midst of a great calamity, instead
of lending aid to the afflicted, adds to their
suffering by taking advantage of their misfortune
Part 6. Night time, uninhabited place, band to despoil them.

That the crime be committed in the night time, or

in an uninhabited place, or by a band, whenever Example:
such circumstances may facilitate the commission
of the offense. An example of this circumstance is the case of a
fireman who commits robbery in a burned house,
or that of a thief who immediately after a
When aggravating. destructive typhoon steals personal property from
the demolished houses. The offender must take
Night time, uninhabited place or band is advantage of the calamity or misfortune.
aggravating —

(1) When it facilitated the commission of the Part 8. Aid of armed men
crime; or
(2) When especially sought for by the offender to That the crime be committed with the aid of
insure the commission of the crime or for the armed men or persons who insure or afford
purpose of impunity impunity.
(3) When the offender took advantage thereof for
the purpose of impunity. Requisites of this aggravating circumstance.

a. Night time 1. That armed men or persons took part in the

commission of the crime, directly or indirectly.
The jurisprudence on this subject is to the effect
that nocturnity must have been sought or taken 2. That the accused availed himself of their aid or
advantage of to improve the chances relied upon them when the crime was committed.
of success in the commission of the crime or to
provide impunity for the offenders. The bare O and L were prosecuted for robbery with rape. It
statement in the information that the crime was appeared from their written confessions that they
committed in the darkness of the night fails to had companions who were armed when they
satisfy the criterion. committed the crime. It was held that they were
guilty of robbery with rape with the aggravating
b. Uninhabited place. circumstance of aid of armed men.

That the place is uninhabited is determined, not by

the distance of the nearest house to the scene of the With aid of armed men (Par 8) distinguished from
crime, but whether or not in the place of its "by a band" (Par. 6)
commission, there was reasonable possibility of
the victim receiving some help. Thus, the crime is
committed in an uninhabited place where the By a band requires that more than three armed
killing was done during nighttime, in a sugarcane malefactors shall have acted together in the
plantation about a hundred meters from the nearest commission of an offense. Aid of armed men is
house, and the sugarcane in the field was tall present even if one of the offenders merely relied
enough to obstruct the view of neighbors and on their aid, for actual aid is not necessary.
passersby.
Part 9. Recidivism
c. By a band
A recidivist is one who, at the time of his trial for
What is a band? one crime, shall have been previously convicted by
Whenever more than three armed malefactors shall final judgment of another crime embraced in the
have acted together in the commission of an same title of this Code.
offense, it shall be deemed to have been committed
by a band. Requisites
1. That the offender is on trial for an offense.
 41

2. That he was previously convicted by final When this aggravating circumstance is present, it
judgement of another crime. affects not only the person who received the price
3. That both the first and the second offenses are or the reward, but also the person who gave it.
embraced in the same title of the code.
4. That the offender is convicted of the new The established rule in Spanish jurisprudence is to
offense. the effect that the aggravating circumstance of
price, reward or promise thereof affects equally the
offeror and the acceptor.
Part 10. Reiteracion or habituality P procured an ignorant man to kill the brother and
grandniece of P for a reward of 60.00. The
That the offender has been previously punished by ignorant man, following the instruction of P, killed
an offense to which the law attaches an equal or them.
greater penalty or for two or more crimes to which
it attaches a lighter penalty. Held. Murder by inducement of a price is
committed
Requisites: In the given case price, was a qualifying
1. That the accused is on trial for an offense; aggravating circumstances
2. That he previously served sentence for another
offense to which the law attaches an equal or
greater penalty, or for two or more crimes to which Part 12. Inundation, fire, poison etc.
it attaches lighter penalty than that for the new
offense; and That the crime be committed by means of
3. That he is convicted of the new offense. inundation, fire, poison, explosion, stranding of a
vessel or intentional damage thereto, derailment of
a locomotive, or by the use of any other artifice
The four forms of repetition are: involving great waste and ruin.

1. Recidivism
2. Reiteracion or Habituality As generic aggravating circumstance.
3. Multi-recidivism or habitual delinquency
4. Quasi-recidvism A killed his wife by means of fire, as when he set
their house on fire to kill her; or by means of
being a habitual delinquent and quasi- recidivist, explosion, as when he threw a hand grenade at her
on the other hand, are regarded as special to kill her; or by means of poison which he mixed
aggravating circumstances which cannot offset. with the food of his wife. In any of these cases,
there is only a generic aggravating circumstance,
Habitual delinquency because they cannot qualify the crime. The crime
committed is parricide which is already qualified
- The offender within the period of 10 years by relationship.
from the date of his release or last
conviction of the crimes of serious or less serious When another aggravating circumstance already
physical injuries, robbery, theft, estafa or qualifies the crime, any of these aggravating
falsification, is found guilty of the any of said circumstances shall be considered as generic
crimes a third time or oftener. aggravating circumstance only.

Quasi-recidivism Part 13. Evident premeditation

- Any person who shall commit a felony after That the act be committed with evident
having been convicted by final judgment before premeditation.
beginning to serve such sentence or while serving Evident premeditation implies a deliberate
such sentence shall be punished by the maximum planning of the act before executing it.
period prescribed by law for the new felony.
Requisites of evident premeditation
The prosecution must prove
1. The time when the offender determined to
commit the crime.
2. An act manifestly indicating that the culprit has
clung to his determination; and
Part 11. Price, reward or promise 3. A sufficient lapse of time between the
determination and execution, to allow him to
That the crime be committed in consideration of a reflect upon the consequences of his act and to
price, reward, or promise. allow his conscience to overcome the resolution of
his will.

Is this paragraph applicable to the one who gave Manalinde illustrates the three requisites of evident
the price or reward? premeditation.
 42

First requisite —
On a certain date, Manalinde accepted the
proposition that he would turn huramentado and Illustrations of abuse of superior strength.
kill the first two persons he would meet in the
market place. On said date, the offender is said to (1) An illustration of the cases which fall within
have determined to commit the crime. this provision is where, for example, a strong man
has ill-treated a child, an old or decrepit person, or
Second requisite — He undertook the journey to one weakened by disease, or where a person’s
comply therewith and provided himself with a physical strength has been overcome by the use of
weapon. The journey and the carrying of the drugs or intoxicants. In each of these cases, there is
weapon are acts manifestly indicating that the a marked difference of physical strength between
offender clung to his determination to commit the the offended party and the offender.
crime.
(2) The aggravating
Third requisite — After the journey for a day and circumstance of abuse of superior strength is
a night, he killed the victims. One day and one attendant where the victim who died was an
night constitute a sufficient lapse of time for the innocent and tender baby, barely six months old,
offender to realize the consequences of his and the wounded children were aged five and 12
contemplated act. years old, because of the marked difference of
physical strength between the offended parties and
the offender.
Part 14. Craft, fraud or disguise

That the craft, fraud or disguise be employed. Part 16. Treachery

Craft ( involves intellectual trickery and cunning That the act be committed with treachery
on the part of the accused). (alevosia).

Illustration. There is treachery when the offender commits any

of the crimes against the person, employing means,
The act of the accused in pretending to be bona methods, or forms in the execution thereof which
fide passenger in the taxicab driven by the tend directly and specially to insure its execution,
deceased, when they were not so in fact, in order without risk to himself arising from the defense
not to arouse his suspicion, and then killing him, which the offended party might make.
constituted craft
Treachery - means that the offended party was not
Fraud ( insidious words or machinations used to given opportunity to make a defense.
induce the victim to act in a manner which would
enable the offender to carry out his design)
Requisites of treachery
Illustrations
Where the defendants induced their victims to give 1. That at the time of the attack, the victim was not
up their arms upon a promise that no harm should in a position to defend himself; and.
be done to them and when the latter gave up their
arms, the former attacked and killed them, it was 2. That the offender consciously adopted the
held that there was fraud. particular means, method or form of attack
employed by him.
Disguise ( resorting to any device to conceal
identity) Part 17. Ignominy
Illustration
That means be employed or circumstances brought
The fact that the defendant had his face blackened about which add ignominy to the natural effects of
in order that he should not be recognized at the the act.
time he committed the crime constitutes the
aggravating circumstance of disguise. Ignominy is a circumstance pertaining to the moral
order, which adds disgrace and abloquy to the
material injury caused by the crime.
Part 15. Advantage of superior strength or
means to weaken the defense
Example.
That advantage be taken of superior strength, or
means be employed to weaken the defense. The act of "plastering" mud on the victim's vagina
right after she was raped, is adequately and
properly described as "ignominy"
To take advantage of superior strength means to
use purposely excessive force out of proportion to Part 18. Unlawful entry
the means of defense available to the person
attacked.
 43

That the crime be committed after an unlawful building as a means to the commission of the
entry. crime.

There is an unlawful entry when an entrance of a

crime a wall, roof, floor, door, or window be To effect entrance only.
broken
But it may be resorted to as a means to commit a
Meaning of unlawful entry crime in a house or building.
There is an unlawful entry when an entrance is
effected is by a way not intended for the purpose. For example, a murderer who, for the purpose of
entering the house of his victim, breaks a wall or a
Unlawful entry must be a means to effect entrance window of the house.
and not for escape.
The circumstance is aggravating only in those
Example: The act of entering through the window, cases where the offender resorted to any of said
which is not the proper place for entrance into the means to enter the house. If the wall, etc., is
house, constitutes unlawful entry. broken in order to get out of the place, it is not an
aggravating circumstance.
Is there unlawful entry if the door is broken and
thereafter made an entry [through] the broken
door? No, it will be covered by paragraph 19. Part 20. Aid or persons under 15 years old or use
of motor vehicle

Application of this circumstance. That the crime be committed with the aid of
persons under fifteen years of age or by means of
It should be considered in rape committed in a motor vehicles, motorized watercraft, airships, or
house after an entry through the window. It should other similar means.
be considered also in murder where the accused
entered the room of the victim through the
window. It should be considered also in robbery “With the aid of persons under fifteen years of
with violence against or intimidation of persons, age.”
because unlawful entry is not inherent in that
particular kind of robbery. The window is not A caused B, a boy 14 years old, to climb the wall
intended for entrance into the building. of the house of C, to enter the same through its
window, and once inside, to take, as in fact B took,
clothes and other personal property in the house of
“As a means to the commission of a crime.” C. Then B threw them to the ground where A
picked them up. The aggravating circumstance that
A broke a window to enable himself to reach a the crime was committed with the aid of a person
purse with money on the table near that window, under 15 years of age should be taken into account
which he took while his body was outside of the against A.
building. The crime of theft was attended by this
aggravating circumstance. Note that because of the
phrase “as a means to the commission of a crime,” “By means of motor vehicles.”
it is not necessary that the offender should have
entered the building. What aggravates the liability Use of motor vehicle is aggravating where the
of the offender is the breaking of a part of the accused used the motor vehicle in going to the
building as a means to the commission of the place of the crime, in carrying away the effects
crime. thereof, and in facilitating their escape.

Part 19. Broken wall, roof, floor etc. “Or other similar means.”

That as a means to the commission of the crime a The expression should be understood as referring
wall, roof, floor, door, or window be broken. to motorized vehicles or other efficient means of
transportation similar to automobile or airplane.

“As a means to the commission of a crime.”

Part 21. Cruelty
A broke a window to enable himself to reach a
purse with money on the table near that window, That the wrong done in the commission of the
which he took while his body was outside of the crime be deliberately augmented by causing other
building. The crime of theft was attended by this wrong not necessary for its commissions.
aggravating circumstance. Note that because of the
phrase “as a means to the commission of a crime,” What is cruelty?
it is not necessary that the offender should have
entered the building. What aggravates the liability There is cruelty when the culprit enjoys and
of the offender is the breaking of a part of the delights in making his victim suffer slowly and
 44

gradually, causing him unnecessary physical pain Relationship is mitigating in the crimes of Robbery
in the consumation of the criminal act. (Arts. 294-302), usurpation ( Art. 312), fraudulent
insolvency (Art. 314), and arson (Arts. 312-322,
Requisites of Cruelty 325-326)

1. That the injury caused be deliberately increased

by causing other wrong; Relationship is aggravating in crimes against
persons in cases where the offended party is a
2. That the other wrong be unnecessary for the relative of a higher degree than the offender, or
execution of the purpose of the offender when the offender and the offended party are
relatives of the same level, as killing a brother, a
brother in law, a half brother, or adopted brother.
Example

Cruelty is present where appellant tied the victim When the crime against persons is any of the
to a bed, burnt her face with a lighted cigarette serious physical injuries (Art. 263), even if the
while raping her and laughed as he did all these. offended party is a descendant of the offender,
relationship is an aggravating circumstance.
Alternative Circumstances
If the offense of serious physical injuries is
1. Definition or concept. committed by the offender against his child,
whether legitimate or illegitimate, or any of his
Alternative circumstances are those which must be legitimate other descendants, relationship is
taken into consideration as aggravating or aggravating. But the serious physical injuries must
mitigating according to the nature and effects of not be inflicted by a parent upon his child by
the crime and the other conditions attending its excessive chastisement.
commission.
Article 263 provides for a higher penalty “if the
2. Basis of the alternative circumstances. offense (any of the serious physical injuries) is
committed against any of the persons enumerated
The basis is the nature and effects of the crime and in Article 246.” Article 246, which defines and
the other conditions attending its commission. penalizes the crime of parricide, enumerates the
following persons: father, mother, or child,
whether legitimate or illegitimate, or any of his
The alternative circumstances are: ascendants or descendants, or spouse.

1. Relationship When the crime is less serious physical injuries

2. Intoxication; and or slight physical injuries, the ordinary rule
3. Degree of instruction and education of the applies.
offender.

But when the offense committed is less serious

Relationship physical injuries (Art. 265); or slight physical
injuries (Art. 266), relationship is a mitigating
The alternative circumstances of relationship shall circumstance, if the offended party is a relative of
be taken into consideration when the offended a lower degree of the offender; and an aggravating
party is the -- circumstance, if the offended party is a relative of
a higher degree of the offender. Both Articles 265
a. Spouse and 266 do not have provisions to the contrary, as
b. Ascendant in Article 263.
c. Descendant
d. Legitimate, natural, or adopted brother or sister,
or When the crime against persons is homicide or
e. Relative by affinity in the same degree of the murder,
offender. relationship is aggravating even if the victim of
the crime is a relative of lower degree.
Other relatives included
The relationship of stepfather or stepmother and If the commission of the crime against persons
stepson or stepdaughter is included by analogy as resulted in the death of the victim who is a relative
similar to that of ascendant and descendant. of a lower degree of the offender, relationship is an
aggravating circumstance. This rule applies when
The relationship of adopted parent and adopted the crime committed is homicide (Art. 249) or
child may also be included, as similar to that of murder (Art. 248),
ascendant and descendant.
Thus, the killing of a stepdaughter by her
When Mitigating and When aggravating? stepmother is attended by the circumstance of
relationship which is considered as aggravating.
(People v. Portento, supra) The crime is not
 45

parricide, because the relationship is not by blood has the right for its own protection to impose a
and in the direct line; but the relationship was more severe penalty.
considered by the Court to aggravate the penalty,
notwithstanding the fact that the victim of the
crime was a relative of a lower degree. Degree of instruction and education of the
offender.
Relationship is mitigating in trespass to
dwelling. Low degree of instruction and education or lack of
it is generally mitigating. High degree of
Where a son-in-law, believing his wife to be in her instruction and education is aggravating, when the
father’s house, attempted to force an entry therein, offender avails himself of his learning in
the relationship is to be considered in mitigation. committing the crime.

In crimes against chastity, relationship is always This has the effect of Mitigating the criminal
aggravating. liability of the offender.

In crimes against chastity, like acts of a. Extenuating Circumstances

lasciviousness (Art. 336), relationship is b. Justifying Circumstances
aggravating, regardless of whether the offender is c. Absolutory cause
a relative of a higher or lower degree of the d. Aggravating Circumstances
offended party.
This has the effect of Mitigating the criminal
liability of the offender.

In rape, relationship is a special circumstances a. Extenuating Circumstances

which makes the imposition of the death penalty b. Justifying Circumstances
mandatory. c. Absolutory cause
d. Aggravating Circumstances
Article 335 of the R.P.C., as amended by Section
11 of R.A. No. 7659, provides that: The death Example of Extenuating
penalty shall also be imposed if the crime of rape
is committed with any of the following attendant Article 255. Infanticide. - The penalty provided for
circumstances: parricide in Article 246 and for murder in Article
248 shall be imposed upon any person who shall
1. Where the victim is under eighteen (18) years of kill any child less than three days of age.
age and the offender is a parent, ascendant, step-
parent, guardian, relative by consanguinity or Penalty of Reclusion Perpetua in its maximum
affinity within the third civi] degree, or the to Death
common-law spouse of the parent of the victim. . lf the crime penalized in this article be committed
by the mother of the child for the purpose of
concealing her dishonor, she shall suffer the
Intoxication penalty of prision correccional in its medium and
maximum periods, and if said crime be committed
a. Mitigating — (1) if intoxication is not habitual, for the same purpose by the maternal grandparents
or (2) if intoxication is not subsequent to the plan or either of them, the penalty shall be prision
to commit a felony. mayor.

b. Aggravating — (1) if intoxication is habitual,

or (2) if it is intentional (subsequent to the plan to Among the following are Justifying circumstance
commit a felony). except?

Reasons for the alternative circumstance of a. Self defense

intoxication. b. Defense of relatives
c. Avoidance of greater evil or injury
As a mitigating circumstance, it finds its reason in d. Person under 15 years old who committed a
the fact that when a person is under the influence crime
of liquor, his exercise of will power is impaired.
Among the following are Justifying circumstance
As an aggravating circumstance, because it is except?
intentional, the reason is that the offender resorted
to it in order to bolster his courage to commit a a. Self defense
crime. b. Defense of relatives
c. Avoidance of greater evil or injury
It is aggravating when intoxication is habitual, d. Person under 15 years old who committed a
because the constant use of intoxicating liquor crime
lessens the individual resistance to evil thoughts
and undermines the will power making himself a Among the following are exempting circumstances
potential evildoer against whose activities, society except?
 46

2. Accomplices.
a. Imbecile 3. Accessories.
b. Minority
c. Irresistible Force The following are criminally liable for light
d. Passion or Obfuscation felonies:
1. Principals
Among the following are exempting circumstances 2. Accomplices.
except?
Rules relative to light felonies:
a. Imbecile
b. Minority 1. Light felonies are punishable only when they
c. Irresistible Force have been consummated. (Art. 7)
d. Passion or Obfuscation
2. But when light felonies are committed against
Among the following are mitigating circumstances persons or property, they are punishable even if
except? they are only in the attempted or frustrated stage of
execution. (Art. 7)
a. Praeter Intentionem
b. Passion or Obfuscation 3. Only principals and accomplices are liable for
c. Voluntary Surrender or Voluntary Confession of light felonies. (Art. 16)
Guilt
d. Recidivism 4, Accessories are not liable for light felonies,
even if they are committed against persons or
property. (Art. 16)
Among the following are mitigating circumstances
except?
Art. 17. Principals. — The following are
a. Praeter Intentionem considered principals:
b. Passion or Obfuscation
c. Voluntary Surrender or Voluntary Confession of 1. Those who take a direct part in the
Guilt execution of the act;
d. Recidivism
2. Those who directly force or induce
others to commit it;
Among the following are Aggravating except.
3. Those who cooperate in the commission of the
a. Taking advantage of public position offense by another act without
b. In contempt or insult of authorities which it would not have been accomplished.
c. State of necessity
d. Recidivism
illustration of the three types of principals.
Among the following are Aggravating except.
A, by promises of price and reward, induced B to
a. Taking advantage of public position kill C, a person living on an island far from the
b. In contempt or insult of authorities mainland. D, the owner of the only motor boat in
c. State of necessity the place and knowing the criminal designs of A
d. Recidivism and B, offered to transport and actually transported
B to the island. Once there, B alone killed C.
The following are criminally liable for light
felonies Except? Although he did not actually participate in the
killing of C, A is a principal, because he directly
a. Principals induced B to kill C. B is also a principal, because
b. Accomplices he took direct part in the execution of the felony
c. Accessory before the fact by personally killing C. D is also a principal,
d. Accessories because he cooperated in the commission of the
offense by another act (transporting the actual
The following are criminally liable for light killer to the island) without which the commission
felonies Except? of the offense would not have been accomplished.

a. Principals
b. Accomplices Art. 18. Accomplices. — Accomplices are those
c. Accessory before the fact persons who, not being included in
d. Accessories Art. 17. cooperate in the execution of the offense
by previous or simultaneous acts.
Art. 16. Who are criminally liable. — The
following are criminally liable for grave and Art. 19. Accessories. — Accessories are those
less grave felonies: who, having knowledge of the commission of the
1. Principals. crime, and without having participated therein,
 47

either as principals or accomplices, take part Who Are The Accessories Who Are Exempt
subsequent to its commission in any of the From Criminal Liability?
following manners:
The spouse, ascendants, descendants, brothers
1. By profiting themselves or assisting the and sisters or relatives by affinity within the same
offender to profit by the effects of the degree. (Note: Except paragraph one)
crime.

2. By concealing or destroying the body of the A lens B a bolo, it was used by B to kill C. A is
crime, or the effects or instruments thereof, in liable as:
order to prevent its discovery.
a. Principal
3. By harboring, concealing, or assisting in the b. Accomplice
escape of the principals of the crime, provided the c. Accessory
accessory acts with abuse of his public functions d. nota
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 A lens B a bolo, it was used by B to kill C. A is
known to be habitually guilty of some other crime. liable as:

a. Principal
Two classes of accessories are contemplated in b. Accomplice
paragraph 3 of Article 19. c. Accessory
d. nota
a. Public officers who harbor, conceal or assist
in the escape of the principal of any crime (not
light felony) with abuse of his public functions. A stole a lechon Manok then went to the house of
B, his friend and told him that he stole it so that
Requisites: they will have their pulutan. B also ate it. B is
(1) The accessory is a public officer. considered as?
(2) He harbors, conceals, or assists in the escape of
the principal. a. Principal
(3) The public officer acts with abuse of his public b. Accomplice
functions. c. Accessory
(4) The crime committed by the principal is any d. Nota
crime, provided it is not a light felony.
A stole a lechon Manok then went to the house of
B, his friend and told him that he stole it so that
they will have their pulutan. B also ate it. B is
b. Private persons who harbor, conceal or assist considered as?
in the escape of the author of the crime —
guilty of treason, parricide, murder, or an a. Principal
attempt against the life of the President, or who b. Accomplice
is known to be habitually guilty of some other c. Accessory
crime. d. Nota

Requisites: A stabbed B. Then A asked C his friend to hide the

(1) That the accessory is a private person; knife. C is considered as?
(2) ‘That he harbors, conceals or assists in the
escape of the author of the crime; and (3) That the a. Principal
crime committed by the principal is either: (a) b. Accomplice
treason, (b) parricide, (c) murder, (d) an attempt c. Accessory
against the life of the President, or (e) that the d. Nota
principal is known to be habitually guilty of some
other crime. “Habitually guilty of some other
crime.” A stabbed B. Then A asked C his friend to hide the
knife. C is considered as?
Art. 20. Accessories who are exempt from criminal
liability. — The penalties prescribed for a. Principal
accessories shall not be imposed upon those who b. Accomplice
are such with respect to their spouses, ascendants, c. Accessory
descendants, legitimate, natural, and adopted d. Nota
brothers and sisters, or relatives by affinity within
the same degrees, with the single exception of
accessories falling within the provisions of A person who placed a weapon in one of the hands
paragraph 1 of the next preceding article. of the deceased after he was killed by another
person to show that the deceased was armed and it
 48

was necessary to kill him for having offered b. U is criminally liable as accessory for less
resistance to the authorities is what? serious physical injuries
c. U is not criminally liable because U is exempted
a. Accessories by concealing or destroying the from criminal liability.
body of the crime. d. Is is considered as accomplice in the crime of
b. Accomplice by having performed an act without slight physical injuries.
which the crime would not have been
accomplished.
c. Co-principal by direct participation due to A punched B causing a black eye only. C hide A
conspiracy. from the arresting authorities. Is U Criminally
d. Accessory but exempted from criminal liability liable?

a. U is criminally liable for slight physical injuries.

A person who placed a weapon in one of the hands b. U is criminally liable as accessory for less
of the deceased after he was killed by another serious physical injuries
person to show that the deceased was armed and it c. U is not criminally liable because U is exempted
was necessary to kill him for having offered from criminal liability.
resistance to the authorities is what? d. Is is considered as accomplice in the crime of
slight physical injuries.
a. Accessories by concealing or destroying the
body of the crime.
b. Accomplice by having performed an act without A stole pieces of Jewelry from B. Then A gave it
which the crime would not have been to his wife. The wife kept the jewelry to prevent
accomplished. them from being used as evidence against his
c. Co-principal by direct participation due to husband. The wife is ?
conspiracy.
d. Accessory but exempted from criminal liability a. Accessory
b. Accessory but exempted from criminal liability
c. Accomplice
A a Mayor use his influence to hide B his friend d. co- principal
from the arresting Officer . A is considered as?
A stole pieces of Jewelry from B. Then A gave it
a. Principal to his wife. The wife kept the jewelry to prevent
b. Accomplice them from being used as evidence against his
c. Accessory husband. The wife is ?
d. Nota
a. Accessory
A a Mayor use his influence to hide B his friend b. Accessory but exempted from criminal liability
from the arresting Officer . A is considered as? c. Accomplice
d. co- principal
a. Principal
b. Accomplice Maria stole jewelry and gave it to her mother.
c. Accessory Knowing it was stolen the mother sold the jewelry
d. Nota to buy things. What is the liability of the mother.

A an ordinary person assisted the escape of his a. Accessory

Friend B who committed the crime of Parricide. A b. Accessory but exempted from criminal liability
is classified as ? c. Accomplice
d. co- principal
a. Principal
b. Accomplice
c. Accessory Maria stole jewelry and gave it to her mother.
d. Nota Knowing it was stolen the mother sold the jewelry
to buy things. What is the liability of the mother.
A an ordinary person assisted the escape of his
Friend B who committed the crime of Parricide. A a. Accessory
is classified as ? b. Accessory but exempted from criminal liability
c. Accomplice
a. Principal d. co- principal
b. Accomplice
c. Accessory
d. Nota PENALTIES

A punched B causing a black eye only. C hide A Penalty- is the suffering inflicted by the State for
from the arresting authorities. Is U Criminally the transgression of the law.
liable?
Juridical Conditions Of Penalty
a. U is criminally liable for slight physical injuries.
 49

1. Must be commensurate with the offense- Forfeiture or confiscation of instrument sand

different crimes have different penalties under the proceeds of the offense
law.
2. Must be personal- A person should be Payment of cost
held accountable for his own actions. No person
should be punished for the crime of another To indemnify another party is to compensate that
3. Certain- No person must escape the party for losses that that party has incurred or will
penalty. incur as related to a specified incident.
4. Legal- The penalty must be in accordance
with the law
Payment of cost - Upon conviction the convict
will be charge to the expenses of litigation.
Justification For The Imposition Of Penalty
1. The penalties of perpetual or temporary
1. Exemplarity- to serve as an example to absolute disqualification for public office
others and deter them from emulating the criminal. produce the following effects:
2. Justice- Criminal is punished as an act of
retributive justice. a. Deprivation of public offices and employments,
3. Prevention- To suppress or prevent the even if by election.
danger to the State of the acts of the criminal. b. Deprivation of right to vote or to be elected.
4. Reformation- Under the modern concept c. Disqualification for the offices or public
of correction the criminal is punished in order to employments and for the exercise of any of the
rehabilitate or reform him. rights mentioned.
5. Self Defense- To protect the society against the d. Loss of right to retirement pay or pension for
threats and actions of the criminals. any office formerly held. (Art. 30)

Classification and Duration of Penalties Note: Perpetual absolute disqualification is

effective during the lifetime of the convict and even
Principal Penalties after the service of the sentence. Temporary
absolute disqualification lasts during the term of
Capital Punishment the sentence, and is removed after the service of
Death the same, except (1) deprivation of the public
office or employment; and (2) loss of all rights to
Afflictive Penalties retirement pay or other pension for any office
Reclusion perpetua- 20 yrs.+1 day to 40 yrs. formerly held. (See Art. 30, par. following No. 3.)
Reclusion temporal- 12 yrs.+1 day-20 yrs
Perpetual or temporary absolute
disqualification-6 yrs.+1 day to 12 yrs. 2. The penalties of perpetual or temporary
Perpetual or temporary special disqualification- special disqualification for public office,
6 yrs.+1 day to 12 yrs. profession or calling produce the following
Prision Mayor-6 yrs. + 1 day to 12 years effects:

Correctional penalties a. Deprivation of the office, employment,

Prision correctional- 6 mos.+ 1 day to 6 yrs. profession or calling affected.
Arresto mayor-1 month + 1 day to 6 mos.
Suspension- 6 mos+1 day to 6 yrs. b. Disqualification for holding similar offices or
Destierro- 6 mos. +1 day to 6 yrs. employments perpetually or during the term of the
sentence. (Art. 31)
Light penalties
Arresto menor- 1 day to 30 days
Public censure 3. The penalties of perpetual or temporary
special disqualification for the exercise of the
right of suffrage produce the following effects:
Accessory Penalties
a. Deprivation of the right to vote or to be elected
Perpetual or temporary absolute disqualification to any public office.

Perpetual or temporary special disqualification b. Cannot hold any public office during the period
of disqualification. (Art. 32)
Suspension from public office, the right to vote
and be voted for
4. The penalties of suspension from public
Civil Interdiction office, profession or calling or the right of
suffrage produce the following effects:
Indemnification
 50

a. Disqualification from holding such office or A: No felony shall be punishable by any penalty
exercising such profession or calling or right of not prescribed by law prior to its commission
suffrage during the term of the sentence. (Art.21)

b. If suspended from public office, the offender When may penal laws have retroactive
cannot hold another office having similar functions effects?
during the period of suspension. (Art. 33) A: Penal laws shall have retroactive effect in so
far as they favor the person guilty of a felony, who
is not a habitual criminal (Art. 22)
5 Civil interdiction shall produce the following
effects: What is the effect of pardon by the offended
party?
a. Deprivation of the rights of parental authority or A: A pardon by the offended party does not
guardianship of any ward. extinguish criminal action except as provided in
article 344. But civil liability with regard to the
b. Deprivation of marital authority. interest of the injured party is extinguished by his
express waiver (Art.23)
c, Deprivation of the right to manage his property
and of the right to dispose of such property by any When is fine afflictive, correctional or light
act or any conveyance inter vivos, (Art. 34) in character?
A: 1. It is afflictive if it exceeds P6000.
Note: But he can dispose of such property by will 2. It is correctional if it does not exceed P6000
or donation mortis causa, but is not less than P200
3. It is light if it is less than P200.

6. Bond to keep the peace.

Explain the concept of preventive imprisonment.
a. The offender must present two sufficient
sureties who shall undertake that the offender will A: Offenders or accused who have undergone
not commit the offense sought to be prevented, and preventive imprisonment shall be credited in the
that in case such offense be committed they will service of their sentence consisting of deprivation
pay the amount determined by the court; or of liberty, with the full time during which they
have undergone preventive imprisonment if the
b. The offender must deposit such amount with the detention prisoner agrees voluntarily in writing to
clerk of court to guarantee said undertaking; or abide by the same disciplinary rules imposed upon
convicted prisoners.
c. The offender may be detained, if he cannot give
the bond, for a period not to exceed six months if Except:
prosecuted for grave or less grave felony, or for a 1. when they are recidivist, or have been
period not to exceed 30 days, if for a light felony. convicted previously twice or more times of any
(Art. 35) crime;
2. when upon being summoned for the
execution of their sentence they failed to surrender
Art. 107. Indemnification- Indemnification of voluntarily.(Article 29)
consequential damages shall include not only those
caused the injured party, but also those suffered by
his family or by third person by reason of the [Note: An accused undergoes preventive
crime. imprisonment when the offense charged is non
bailable or even if bailable he cannot furnish the
required bail. Now if an accused does not agree to
Proceeds or Instrument of a Crime abide by the same disciplinary rules imposed upon
convicted prisoners, he shall be credited in the
Every penalty imposed for the commission of a service of his sentence with 4/5 of the time during
felony shall carry with it the forfeiture of the which he has undergone preventive
proceeds of the crime and the instruments or tools imprisonment.]
with which it was committed. They shall be
forfeited in favor of the Government, unless they PECUNIARY LIABILITIES
be the property of a third person not liable for the
offense, but those articles which are not subject of Proper Order Of Payment Of The Pecuniary
lawful commerce shall be destroyed. (Art.45) Liabilities Of The Offender

1. Reparation of the damage caused

2. Indemnification of consequential
Note: damages
What penalty may be imposed by the state? 3. The fine
(Prospective character) 4. Cost of the proceedings (Art.38)
 51

SUBSIDIARY IMPRISONMENT/PENALTY b. The maximum penalty shall be impose if

the offense was committed by any person who
It is a personal liability to be suffered by the belongs to an organized/syndicated group. An
convict who has no property to pay the fine at the organized or syndicated group means a group of
rate of one day for each eight pesos. (Art. 39) two or more persons collaborating, confederating,
or mutually helping one another for the purpose of
Rules To Be Observed In Subsidiary gain in the commission of a crime.
Imprisonment 1. Fire in arson

1. When the principal penalty is higher than Examples:

prision correctional no subsidiary imprisonment
shall be impose. 1. Which in themselves constitutes a crime.
2. If the principal penalty be prison
correctional or arresto and fine, his subsidiary That the crime be committed "by means of fire"
imprisonment shall not exceed 1/3 of the term of (Art. 14, par. 12), is not considered as aggravating
the sentence, and in no case shall it continue for in arson; and that the crime be committed by
more than one year means of “derailment of a locomotive” (Art. 14,
3. When the principal penalty is only fine, par. 12), is not considered as aggravating in the
subsidiary imprisonment shall not exceed six crime described in Article 330 known as
months, if the offender is prosecuted for grave or “Damages and obstruction to means of
less grave felonies, and shall not exceed 15 days if communication.”
for a light felony. Article 330 punishes the act of damaging any
4. The subsidiary penalty which he may railway resulting in derailment of cars.
have suffered shall not relieve him from the fine in 1. Fire in arson
case his financial circumstances should improve.
(Art.39) 2. Which are included by law in defining a crime.

That the crime was committed in the dwelling of

the offended party is not aggravating in robbery
Article 71 RPC. Graduated Scale with force upon things (Art. 299); abuse of
confidence is not aggravating in qualified theft
SCALE NO. 1 committed with grave abuse of confidence. (Art.
1. Death 310)
2. Reclusion Perpetua
3. Reclusion Temporal Neither can the aggravating circumstance that the
4. Prision Mayor crime was committed by means of poison (Art. 14,
5. Prision Correctional par. 12) be considered in the crime of murder
6. Arresto Mayor committed by means of poison, since using poison
7. Destierro to kill the victim is included by law in defining the
8. Arresto Menor crime of murder. (Art. 248, par. 3)
9. Public Censure
10. Fine When maximum of the penalty shall be
imposed.
SCALE NO.2
1. Perpetual absolute disqualification The maximum of the penalty shall be imposed in
2. Temporary absolute disqualification the following cases:
3. Suspension from public office, the right
to vote and be voted for, and the right to follow a 1. When in the commission of the crime,
profession or calling advantage was taken by the offender of his public
4. Public censure position;
5. Fine
2. If the offense was committed by any person who
belongs to an organized/syndicated crime group.
Article 62 Revised Penal Code
What is an organized/syndicated crime group?
Paragraph 1. Aggravating circumstances
which in themselves constitute a crime especially An organized/syndicated crime group means a
punishable by law or which are included by law in group of two or more persons collaborating
defining a crime and prescribing the penalty confederating or mutually helping one another for
therefore shall not be taken into account for the purposes of gain in the commission of any crime.
purpose of increasing the penalty.

a. When in the commission of a crime Paragraph 2. The same rule shall be apply with
advantage was taken by the offender of his public respect to any aggravating circumstances inherent
position, the maximum penalty shall be imposed in the crime to such a degree that it must of
regardless of mitigating circumstances. necessity accompany the commission thereof.

Example:
 52

mode of committing the offense had not been

Evident premeditation is inherent in robbery and previously agreed upon by them with A. A was not
theft. (U.S. v. Castroverde, 4 Phil. 246, 248) present when B and C killed D with treachery.

Paragraph 3. Aggravating or mitigating The aggravating circumstance of treachery should

circumstances which arise from (1) the moral not be taken into account against A, but against B
attributes of the offender, or (2) from his private and C only. (People v. De Otero, 51 Phil. 201) But
relations with the offended party, or (3) from any if A was present and had knowledge of the
other personal cause, serve to aggravate or treachery with which the crime was committed by
mitigate the liability of the principals, accomplices B and C, he is also liable for murder, qualified by
and accessories as to whom such circumstances are treachery.
attendant.
The qualifying circumstance of treachery should
not be considered against the principal by
Examples: induction when he left to the principal by direct
participation the means, modes or methods of the
1. From the moral attributes of the offender: commission of the felony. (U.S v. Gamao, 23 Phil.
81, 96)
A and B killed C. A acted with evident
premeditation, and B with passion and
obfuscation. (2) Means to accomplish the crime:
The circumstances of evident premeditation and
passion and obfuscation arise from the moral A ordered B to kill C. B invited C to eat with him.
attributes of the offenders. Evident premeditation B mixed poison with the food of C, who died after
should affect and aggravate only the penalty for A, he had eaten the food. A did not know that B used
while passion and obfuscation will benefit B only poison to kill C. In this case, the aggravating
and mitigate his liability. circumstance that the crime be committed by
means of poison is not applicable to A.
Note: The states of their minds are different.

2. From his private relations with the offended 5. Habitual delinquency shall have the following
party: effects:

A and C inflicted slight physical injuries on B. A is (a) Upon a third conviction, the culprit shall be
the son of B. C is the father of B. In this case, the sentenced to the penalty provided by law for the
alternative circumstance of relationship, as last crime of which he be found guilty and to the
aggravating, shall be taken into account against A additional penalty of prision correccional in its
only, because he is a relative of a lower degree medium and maximum periods;
than the offended party, B. Relationship is
mitigating as regards C, he being a relative of a (b) Upon a fourth conviction, the culprit shall be
higher degree than the offended party, B. sentenced to the penalty provided for the last crime
of which he be found guilty and to the additional
Also, if A assisted the wife of B in killing the penalty of prision mayor in its minimum and
latter, only the wife is guilty of parricide and A for medium periods; and
homicide or murder, as the case may be. (People v.
Bucsit, 43 Phil. 184, 185; People v. Patricio, 46 (c) Upon a fifth or additional conviction, the
Phil. 875, 879) culprit shall be sentenced to the penalty provided
for the last crime of which he be found guilty and
to the additional penalty of prision mayor in its
(3) From any other personal cause: maximum period to reclusion temporal in its
minimum period.
A and B committed a crime. A was under 16 years
of age and B was a recidivist. Notwithstanding the provisions of this article, the
total of the two penalties to be imposed upon the
Paragraph 4. The circumstances which consist (1) offender, in conformity herewith, shall in no case
in the material execution of the act, or (2) in the exceed 30 years.
means employed to accomplish it, shall serve to
aggravate or mitigate the liability of those persons For the purposes of this article, a person shall be
only who had knowledge of them at the time of the deemed to be habitual delinquent, if within a
execution of the act or their cooperation therein. period of ten years from the date of his release or
last conviction of the crimes of serious or less
serious physical injuries, robo, hurto, estafa, or
Examples: falsificacion, he is found guilty of any of said
crimes a third time or oftener. (As amended by
(1) Material execution of the act: R.A. No. 7659)

A, as principal by induction, B, and C agreed to

kill D. B and C killed D with treachery, which
 53

Penalty To Be Impose Upon A Person Under 18 for academic purposes by reason of the enactment
Years Of Age (Art. 68) of RA 9346-An Act Prohibiting the Imposition of
the Death Penalty.
1. 9-15 . A discretionary penalty is imposed but
always lowered by 2 degrees than
that prescribed by law for the crime he committed Destierro Is Imposed In The Following

2. Over 15 but under 18. A penalty next lower 1. Death or Serious Physical injuries inflicted
than that prescribed by law but always in the under exceptional circumstances
proper period.
2. When a person fails to give a bond for good
behavior (Art. 284)
Rule On Successive Service Of Sentence
3. Penalty for concubine in concubinage ( Art.
When the culprit has to serve two or more 334)
penalties, he shall serve them simultaneously if the
nature of the penalties will permit so, otherwise the
order of their respective severity shall be followed Art. 88. Arresto menor. — The penalty of arresto
so that they maybe executed successively or as menor shall be served in the municipal jail, or in
nearly as may be possible, should a pardon have the house of the defendant himself under the
been granted as to the penalty first imposed or surveillance of an officer of the law, when the
should they have been carried out (Art. 70). court so provides in its decision, taking into
consideration the health of the offender and other
reasons which may seem satisfactory to it.
Proper Order Of Severity Of Penalty From The
Highest To The Lowest
Note:
1. Death Under Art. 83, RPC, the death sentence shall
2. Reclusion perpetua be suspended when the woman is pregnant and
3. Reclusion temporal within one year after delivery. Also the death
4. Prision Mayor sentence shall not be inflicted upon a person over
5. Prision Correctional 70 years of age. Under article 85 it is prohibited to
6. Arresto mayor bury the dead body of a person legally executed
7. Arresto menor with pomp, otherwise the offenders are liable
8. Destierro under article 153 on tumults and disturbances. But
9. Perpetual Absolute Disqualification again, these provisions no longer have any
10. Temporary Absolute Disqualification application. In retrospect it used to be that the
11. Suspension from public office, the right Supreme Court automatically reviews the decision
to vote and be voted for, profession of lower courts, whenever they imposed the
12. Public censure penalty of death, reclusion perpetua or life
imprisonment. However on July 7, 2004 in the
case of People vs. Mateo, the Supreme Court said
Three (3) Fold Rule In The Service Of Sentence that such review should be undertaken by the
Court of Appeals first in pursuant to the hierarchy
According to this rule, the maximum duration of of courts doctrine. There must be a court statement
the convict’s sentence shall not be more than that the accused serve the sentence in his house.
threefold the length of time corresponding to the The grounds could be for health reasons, and
most severe of the penalties imposed upon him. No others (humanitarian).
other penalty to which he may be held liable shall
be inflicted after the sum of those imposed equals
the said maximum period. Such maximum period EXTINCTION OF CRIMINAL LIABILITY
shall in no case exceed forty years.
1. Total Extinction

COMPLEX PENALTY 2. Partial Extinction

It is a penalty prescribed by law composed of

three distinct penalties, each forming a period, the Modes Of Total Extinction Of Criminal
lightest of them shall be the minimum, the next the Liability (Art. 89)
medium, and the most severe the maximum period.
(e.g. Reclusion Temporal to Death) 1. By the death of the convict, as to the
personal penalties; as to pecuniary liabilities, it is
extinguished only when the death of the offender
Note: occurs before final judgment.

Articles 81-85 are provisions that have 2. By service of sentence;

something to do with the death penalty. These
provisions have no longer any significance except
 54

3. By amnesty-an act of the sovereign The term of prescription shall not run when the
power granting oblivion or a general pardon for offender is absent from the Philippine
past offense, and is rarely exercised in favor of a Archipelago.
single individual, and is usually exerted in behalf
of certain classes of persons who are subject to Note:
trail but not yet convicted. * The period of prescription shall commence to
run from the day on which the crime is discovered
4. By absolute pardon by the offended party, the authorities, or their
agents, and shall be interrupted by the filing of the
5. Prescription of crime- the forfeiture or complaint or information, and shall commence to
the loss of the right of the state to prosecute the run again when such proceedings terminate
offender after the lapse of a certain time. without the accused being convicted or acquitted,
or are unjustifiably stopped for any reason not
6. Prescription of Penalty- the loss or imputable to him. It shall not run when the
forfeiture of the right of the Government to offender is absent from the Philippines (Art.91)
execute the final sentence after the lapse of a
certain time.

7. Marriage of the offended party under Note:

Article 344 RPC
* Prescription of penalties shall commence to run
from the date when the culprit should evade the
Pardon- is an act of grace proceeding from the service of his sentence, and it shall be interrupted
power entrusted with the execution of the laws if the defendant should give himself up, be
which exempts the individual on whom it is captured, should go to some foreign country with
bestowed from the punishment the law inflicts for which the government has no extradition treaty, or
the crime he has committed. A pardon may either should commit another crime before the expiration
be a conditional or absolute. of the period of prescription (Art.93)

*To be operational, the prisoner must escape. One

Limitations On The Pardoning Power Of The who has not been committed to prison cannot be
President said to have escaped therefrom.

1. Pardon can be exercised only after

conviction;
2. This power cannot be extended to cases Modes Of Partial Extinction Of Criminal
of impeachment Liability
3. No pardon involving violations of
elections laws, shall be granted without the 1. By conditional pardon- a contract
favorable recommendation of the Comelec. between the president and the convict the former
will release the latter upon compliance with certain
conditions.

Note: 2. By commutation of sentence- it is the

What is the effect of pardon (by the reduction of the period of imprisonment of the
President)? offender or the amount of the fine.
A: A pardon shall not work the restoration of the
right to hold public office, or the right of suffrage, 3. For good conduct time allowance
unless such rights be expressly restored by the (GCTA)- are deductions from the term of the
terms of the pardon. It shall also not exempt the sentence for good behavior of the convicted
culprit from the payment of the civil liability prisoner.
imposed upon him by the sentence.
4. Parole- consists of the suspension of the
sentence of a convict after serving the minimum
term of the indeterminate penalty.

Art. 91. Computation of prescription of

offenses. — The period of prescription shall Note:
commence to run from the day on which the crime
is discovered by the offended party, the authorities, Who gives good conduct time allowance?
or their agents, and shall be interrupted by the
filing of the complaint or information, and shall A: Director of Prisons.
commence to run again when such proceedings
terminate without the accused being convicted or Pursuant to Section 5, RA 105921,Chief of the
acquitted, or are unjustifiably stopped for any BJMP and Wardens of Provincial, District, City
reason not imputable to him. and Municipal Jails are also empowered to grant
GCTA.
 55

next preceding article shall also apply to

employers, teachers, persons, and corporations
Note: engaged in any kind of industry for felonies
committed by their servants, pupils, workmen,
Pursuant to Section 4, RA 105921, Special Time apprentices, or employees in the discharge of their
Allowance for Loyalty is already two fifth (2/5) of duties.
the sentence. Likewise even those inmates who stay
in prison during the period of calamity is entitled Art. 104. What is included in civil liability-
to special time allowance for loyalty.
1. Restitution
2. Reparation of damage caused
CIVIL LIABILITY 3. Indemnification of consequential damage

Article 100 of the Revised Penal Code

Art. 105. Restitution how made- The restitution
It provides that: ” every person criminally liable of the thing itself must be made whenever
for a felony is also civilly liable. possible, with allowance for any deterioration or
diminution of value.

Art. 102. Subsidiary civil liability of innkeepers, The thing itself shall be restored, even
tavern keepers and proprietors of though it be found in the possession of a third
establishments- In default of persons criminally person who has acquired it by lawful means,
liable, innkeepers, tavernkeepes, and any other saving to the latter his action against the proper
persons or corporations shall be civilly liable for person who may be liable to him.
crimes committed in their establishments, in cases
where a violation of municipal ordinances or some
general or special police regulations shall have Art. 106. Reparation- The court shall determine
been committed by them or their employees. the amount of damage, taking into consideration
the price of the thing, and its special sentimental
Innkeepers are also subsidiary liable for the value to the injured party.
restitution of goods taken by robbery or theft
within their houses from guests lodging therein, or EXTINCTION OF CIVIL LIABILITY
for the payment of the value thereof, provided that
such guests shall have notified in advance the
innkeepers himself, or the person representing Modes of Extinction of Civil Liability- Civil
him, of the deposit of such goods within the inn, liability is extinguished in the same manner as
and shall furthermore have followed the directions other obligations, in accordance with the
which such innkeepers or his representative may provisions of the Civil Code namely:
have given them with respect to the care and
vigilance over such goods. No liability shall attach 1. Payment or performance
in case of robbery with violence against or 2. Loss of the thing due
intimidation of persons unless committed by the 3. Condonation or remission of the debt
innkeepers’ employees. 4. Confusion or merger of the rights of creditor
and debtor
5. Compensation
Art. 103. Subsidiary civil liability of other 6. Novation and others (See Art. 1231 Civil
persons- The subsidiary liability established in the Code).