CRIMINAL LAW – BOOK 1

FELONIES & CIRCUMSTANCES AFFECTING CRIMINAL

LIABILITY:

a) Felonies – acts and omissions punishable by RPC

b) Crime – acts and omissions punishable by any law
c) Act – an overt or external act
d) Omission – failure to perform a duty required by law

FELONY = elements:
1) there must be an act or omission
2) this must be punishable by the RPC
3) act or omission was done by means of dolo or culpa
NULLUM CRIMEN, NULLA POENA
SINE LEGE :
 There is no crime, when there is no law,
punishing it.

Classification Of Felonies:
A. Intentional Felonies- by means of deceit
(dolo) = Requisites:
1) freedom
2) intelligence
3) intent.
MISTAKE OF FACT – misapprehension of fact on the part of
the person who caused injury to another.
 He is not criminally liable.

Requisites:
1) act done would have been lawful, had the facts been as
accused believed them to be
2) intention is lawful
3) mistake must be without fault or carelessness by accused

B. Culpable Felonies – by means of fault (culpa) =

Requisites:
a) freedom
b) intelligence
c) negligence (lack of foresight) and imprudence (lack
of skill)
STILL CRIMINALLY LIABLE = felony committed
different from that intended to be committed.

Requisites:
a) felony has been committed intentionally
b) Injury/damage done to other party is the direct,
natural and logical consequence of the felony

 Still motivated by criminal intent, offender is

criminally liable in:

1) Error in personae – mistake in identity

2) Aberatio ictus – mistake in blow
3) Praetor intentionem – lack of intent to commit so
grave a wrong
PROXIMATE CAUSE – the cause, which is the
natural and continuous sequence, unbroken by any
efficient intervening cause, produces injury, without
which, the result would not have occurred.

Requisites:
a) Act would have been offense against persons or
property.
b) There was criminal intent.
c) Accomplishment is inherently impossible; or
inadequate or ineffectual means are employed.
d) Act is not actual violation of another provision of
RPC or special law.
Impossible crime occurs when there is:

1) Inherent impossibility to commit the crime

2) Inadequate means to consummate the
crime
3) Ineffectual means to consummate the crime

STAGES OF EXECUTION:

A. CONSUMMATED – ALL elements necessary

for its execution and accomplishment are
PRESENT
B. FRUSTRATED = Elements:
1) Offender performs all acts of execution
2) All these acts would produce felony as
consequence
3) BUT felony is NOT produced
4) By reason of causes, independent of the will of
perpetrator

C. ATTEMPTED = Elements:
a) Offender commences felony directly by overt acts
b) Does NOT perform all acts which would produce
the felony
c) His acts are NOT stopped by his own spontaneous
desist
 2 Stages in the Development of a Crime:

A. Internal acts – mere ideas of mind: not punishable

B. External acts:
1) Preparatory acts - ordinarily not punishable, EXCEPT
when considered by law as independent crimes
2) Acts of Execution - punishable under RPC

WHEN LIGHT FELONIES ARE PUNISHABLE:

General Rule: Punishable only when consummated
Exception: Even if not consummated, if committed against
persons or property

Note: Only principals and accomplices are liable; accessories

are NOT liable even if committed against persons or
property.
CONSPIRACY AND PROPOSAL TO COMMIT
FELONY

CONSPIRACY = Requisites:
1) Two or more persons come to agreement
2) For commission of felony
3) And they decide to commit it

Merely as a means to commit a crime. Requisites:

a) a prior and express agreement
b) participants acted in concert or simultaneously,
which is indicative of meeting of the minds
towards a common criminal objective
General Rule: The act of one is the act of all.

Exception: Unless one or some of conspirators

committed some other crime which is not part of
intended crime.

Exception to the exception: When the act

constitutes an indivisible offense.

PROPOSAL TO COMMIT A FELONY = Requisites:

1) A person has decided to commit a felony
2) And proposes its execution to some other person
or persons
GRAVE FELONIES, LESS GRAVE FELONIES
and LIGHT FELONIES
a) To determine whether felonies can be complexed
or not.
b) To determine prescription of crime and
prescription of penalty.

Penalties (imprisonment):
c) Grave felonies – afflictive penalties: (6 yrs. & 1
day to reclusion perpetua) (life)
d) Less grave felonies – correctional penalties: (1
month & 1 day to 6 years)
e) Light felonies - arresto menor: (1 day to 30
days)
JUSTIFYING CIRCUMSTANCES – act of person is in
accordance with law and deemed not to have violated
the law.

General Rule: NO criminal and civil liability incurred.

Exception: There is civil liability in par. 4 where
liability is borne by persons benefited by the act.

1. Self-defense (Elements):
A. Unlawful Aggression (indispensable
requirement)
 actual physical assault or aggression or immediate
and imminent threat - must be offensive and
positively strong.
 Defense have been made during existence of
aggression, otherwise, no longer justifying.
 agreement to fight does not constitute unlawful
aggression, violation of the terms of agreement to fight
is considered an exception.

B. Reasonable necessity of the means employed to

prevent it or repel it.
 weapon used by aggressor
 physical condition, character, size and circumstances
of aggressor
 physical condition, character, size and circumstances
of person defending himself
 place and occasion of assault
C. Lack of sufficient provocation on person defending
himself
NOTE: Perfect equality between weapons used, or material
commensurability between means of attack and defense by
one defending himself and that of aggressor = is not
required

REASON: person assaulted does NOT have sufficient

opportunity or time to think and calculate.

Rights included in self-defense:

1) defense of person
2) defense of rights protected by law
3) defense of property (if there is also actual and imminent
danger on the person of the one defending)
4) defense of chastity
 Kinds of Self-Defense:
a) self-defense of chastity – must be attempt to rape
the victim

b) defense of property – must be coupled with attack

on the person of the owner, or on one entrusted with
the care of such property.

c) self-defense in libel – justified when libel is aimed at

a person’s good name.

“Stand ground when in the right” :

 the law does NOT require a person to retreat when
his assailant is rapidly advancing upon him with a
deadly weapon.
NOTE: Under RA 9262 (Anti-VAWC), victim-
survivors who are found by Courts to be suffering
from Battered Woman Syndrome (BWS) do NOT
incur any criminal or civil liability despite absence of
necessary elements for justifying circumstance of
self-defense in RPC.

2. Defense of Relative = Elements:

a) unlawful aggression (indispensable requirement)
b) reasonable necessity of means employed to
prevent/repel it
c) In case the provocation was given by person
attacked, the one making the defense had no part
in such provocation.
Relative entitled to defense:
a) spouse
b) ascendants
c) descendants
d) legitimate, natural or adopted brothers and sisters,
or relatives by affinity in same degrees
e) relatives by consanguinity within 4th civil degree

3. Defense of Stranger = Elements:

f) unlawful aggression (indispensable requirement)
g) reasonable necessity of the means employed to prevent
or repel it
h) person defending be not induced by revenge,
resentment or other evil motive
4. State of Necessity (Avoidance of Greater Evil or Injury)
Elements:
1) evil sought to be avoided, actually exists
2) injury feared be greater than, that done to avoid it
3) no other practical and less harmful means of preventing it

NOTE: Necessity not due to negligence or violation of any law

by actor.

5. Fulfillment of Duty or Lawful Exercise of a Right or

Office. Elements:
a) accused acted in performance of duty or lawful exercise of
right or office
b) injury caused or offense committed, is necessary
consequence of due performance of duty, or lawful exercise
of such right or office.
NOTE: Accused must prove he was duly
appointed to the position claimed he was
discharging at the time of commission of offense.

 Also be shown, that offense committed was

necessary consequence of such fulfillment of
duty, or lawful exercise of a right or office.

6. Obedience to Superior Order = Elements:

a) order has been issued
b) order has lawful purpose (not patently illegal)
c) means used by subordinate to carry out said
order is lawful
NOTE: Superior officer giving the order cannot
invoke this justifying circumstance. Good faith is
material, as the subordinate is not liable for
carrying out an illegal order if he is not aware of
its illegality and he is not negligent.

General Rule: Subordinate cannot invoke this

circumstance when order is patently illegal.

Exception: When there is compulsion or an

irresistible force, or under impulse of
uncontrollable fear.
EXEMPTING CIRCUMSTANCES – grounds for
exemption from punishment because there is
wanting in the agent of crime, any of the conditions,
which make the act voluntary or negligent.

Basis: The exemption from punishment is based on

the complete absence of intelligence, freedom of
action, or intent, or on the absence of negligence on
the part of the accused.

Burden of proof: Any of the circumstances is a

matter of defense and must be proved by the
defendant to the satisfaction of the court.
Imbecility or Insanity
IMBECILE – one while advanced in age has a mental
development comparable to that of children between 2 and
7 years old. He is exempt in all cases from criminal liability.

INSANE – one who acts with complete deprivation of

intelligence/reason or without the least discernment or
with total deprivation of freedom of will.

General Rule: Exempt from criminal liability

Exception: The act was done during a lucid interval.

NOTE: Defense must prove that accused was insane at the

time of commission of crime because the presumption is
always in favor of sanity.
Under 9 Years of Age = Requisite:
Offender is under 9 years of age at the time of the commission
of the crime. There is absolute criminal irresponsibility in
case of minor under 9 years of age.

NOTE: Under RA 9344, minor 15 years and below is exempt

from criminal liability

Person Over 9 and Under 15 Acting Without Discernment

NOTE: Such minor must have acted without discernment to

be exempt. If with discernment, he is criminally liable.

Presumption: The minor committed the crime without

discernment.
DISCERNMENT – mental capacity to fully
appreciate the consequences of the
unlawful act, which is shown by the:

 manner the crime was committed

 conduct of the offender after its
commission

NOTE: Under RA 9344 a minor over 15 but

below 18 who acted without discernment is
exempt from criminal liability
Accident without fault or intention of causing it =
Elements:
a) A person is performing a lawful act
b) with due care
c) He causes injury to another by mere accident
d) Without fault or intention of causing it.

Irresistible Force
– offender uses violence or physical force to compel
another person to commit a crime.

Elements:
e) The compulsion is by means of physical force.
f) The physical force must be irresistible.
g)The physical force must come from a 3rd person.
NOTE: Force must be irresistible so as to reduce the
individual to a mere instrument.

UNCONTROLLABLE FEAR – offender employs

intimidation or threat in compelling another to commit
a crime.

DURESS – use of violence or physical force. -

Elements:
1. The threat, which causes the fear, is of evil, greater
than, or at least, equal to that which he is required to
commit.

2. It promises evil of such gravity and imminence that

an ordinary man would have succumbed to it.
NOTE: Duress to be a valid defense should be based on
real, imminent or reasonable fear for one’s life or limb.
 It should not be inspired by speculative, fanciful or
remote fear.
 A threat of future injury is not enough.

 Any act done by me, against my will, is not my act.

INSUPERABLE CAUSE – some motive, which has

lawfully, morally or physically prevented a person to
do what the law commands. = Elements:

a) An act is required by law to be done.

b) A person fails to perform such act.
c) Failure to perform such act was due to some lawful or
insuperable cause.
Example: A priest cannot be compelled to reveal what was
confessed to him. No available transportation – officer not
liable for arbitrary detention. Mother who was overcome by
severe dizziness and extreme debility, leaving child to die –
not liable for infanticide

ABSOLUTORY CAUSES –Exempting and justifying

circumstances are absolutory causes. Examples are:
a) spontaneous desistance
b) accessories exempt from criminal liability
c) Death or physical injuries inflicted under exceptional
circumstances
d) persons exempt from criminal liability from theft,
swindling, malicious mischief
e) Instigation
NOTE:
 Entrapment is NOT an absolutory cause.

 A buy-bust operation conducted in

connection with illegal drug-related
offenses is a form of entrapment.

MITIGATING CIRCUMSTANCES (MC) – those

which, if present in the commission of crime,
 reduces penalty of crime,
 but does not erase criminal liability
 nor change the nature of crime
Incomplete Justifying or Incomplete Exempting
Circumstances
NOTE: when NOT all the requisites are present.

 If 2 requisites are present, it is considered a

privileged MC.
 Remember that in self-defense, defense of relative
or stranger, unlawful aggression must always be
present as it is an indispensable requirement.

Under 18 or Over 70 Years Old

NOTE: Age of accused is determined by his age at the
date of commission of crime, not date of trial.
No Intention to Commit so Grave a Wrong
NOTE: used only when proven facts show that there is
notable and evident disproportion between means
employed to execute criminal act and its consequences.

Factors that can be considered are:

 weapon used
 injury inflicted
 part of the body injured
 mindset of offender at the time of commission of crime

 This provision addresses the intention of offender at

particular moment when offender executes/commits
the criminal act, not to his intention during planning
stage
NOTE: In crimes against persons = if victim does not die,
absence of intent to kill reduces felony to mere physical
injuries. Not considered as mitigating. It is mitigating
only when the victim dies.

NOTE: It is not applicable to felonies by negligence

because in felonies through negligence, the offender acts
without intent.

 The intent in intentional felonies is replaced by

negligence or imprudence.
 There is no intent on the part of offender, which may
be considered as diminished
Provocation or Threat
Provocation – unjust or improper conduct or act of
offended party, capable of exciting, inciting or
irritating anyone. -

Requisites:
1) Provocation be sufficient
2) originate from offended party
3) immediate to the commission of crime by person
who is provoked

NOTE: Threat not be offensive and not positively

strong. Otherwise, it is unlawful aggression, giving
rise to self-defense and no longer MC.
Vindication of Grave Offense = Requisites:
a) grave offense done to the one committing the
felony, his spouse, ascendants, descendants,
legitimate,
b) natural or adopted brothers/sisters or relatives
by affinity within the same degrees
c) felony is committed in immediate vindication of
such grave offense

NOTE: “Immediate” allows for lapse of time, as long

as offender is still suffering from mental agony
brought about by the offense to him. (proximate
time, not just immediately after)
Passion or Obfuscation = Requisites:
1) offender acted upon impulse
2) Impulse so powerful it naturally produced passion or
obfuscation in him

NOTE: Act committed not in spirit of lawlessness or

revenge; act must come from lawful sentiments.

Act, Which Gave Rise To Passion And Obfuscation:

a) There be an act, both unlawful and unjust
b) The act is sufficient to produce a condition of mind
c) The act was proximate to the criminal act, not admitting
of time during which perpetrator might recover his
normal equanimity
d) victim must be the one who caused the passion or
obfuscation
Surrender and Confession of Guilt.
WHEN SURRENDER VOLUNTARY
spontaneous, showing intent of accused to
submit himself unconditionally to authorities,
either because:
= he acknowledges his guilt; or
= to save them the trouble and expense
necessarily incurred in his
search and capture.

NOTE: If both present, considered as 2

independent MC.
 Plea made after arraignment and after trial has begun
- not entitle MC
 accused pleaded not guilty, even during arraignment,
he is entitled to MC as long as he withdraws his plea, to
the charge before fiscal could present his evidence.
 Plea to lesser charge is not MC, because to be such, the
plea of guilt must be to the offense charged.

Physical Defect of Offender

 offender is deaf and dumb, blind or otherwise
suffering from some physical defect, restricting his
means of action, defense or communication with
others.
NOTE: physical defect must relate to the offense
committed.
Illness of the Offender = Requisites:
a) The illness of offender must diminish the
exercise of his will power.
b) Such illness should not deprive the offender
of consciousness of his acts.

AGGRAVATING CIRCUMSTANCES (AC)

Those, which, if present in the commission of

crime, serve to have the penalty imposed in its
maximum period provided by law for the
offense or those that change the nature of the
crime.
BASIS: The greater perversity of offender
manifested in the commission of the felony
as shown by:

 the motivating power itself,

 the place of the commission,
 the means and ways employed
 the time, or
 the personal circumstances of the
offender, or the offended party.
That advantage be taken by offender of his public position.

Requisites:
1) Offender is public officer
2) Public officer must use the influence, prestige, or
ascendancy which his office gives him as means to realize
criminal purpose

That the crime be committed in contempt of or with insult

to public authorities = Requisites:
a) The public authority is engaged in the exercise of his functions.
b) he who is engaged in the exercise of said functions is not the
person against whom the crime is committed.
c) The offender knows him to be a public authority.
d) His presence has not prevented the offender from committing
the criminal act.
PERSON IN AUTHORITY (PIA) – public authority, or person directly
vested with jurisdiction and has the power to govern and execute
the laws. Examples:
• Governor
• Mayor
• Barangay captain/ chairman
• Councilors
• Government agents
• Chief of Police

NOTE: A teacher or professor of public or recognized private school

is not a “public authority. While he is a PIA under Art. 152 that
status is only for purposes of Art. 148 (direct assault) and Art. 152
(resistance and disobedience).

 The crime should not be committed against public authority

(otherwise it is direct assault)
 NOT applicable when committed in the presence of a mere agent.
AGENT – subordinate public officer charged w/ maintenance of
public order, protection and security of life and property. Ex:
barangay kagawad

Act be committed: with insult or disregard of respect due to

offended party on account of his (a)rank, (b) age, or (c) sex
or committed in dwelling of the offended party, if latter has
not given provocation

Rules:
1) These circumstances shall only be considered as one AC.
2) Rank, age, sex taken into account only in crimes against
persons or honor, cannot be invoked in crimes against
property.
3) must be shown that in the commission of crime, offender
deliberately intended to offend or insult the sex, age and rank
of offended party.
RANK – designation or title of distinction used to fix the
relative position of offended party in reference to others
(There must be a difference in the social condition of the
offender and the offended party).

AGE – refer to old age or tender age of the victim.

SEX– refers to female sex, not to male sex.

DWELLING – building or structure exclusively used for rest

and comfort (combination of house and store not included),
may be temporary as in case of guests in a house or bed
spacers.
 It includes dependencies, foot of the staircase and
enclosure under the house
NOTES:
1) dwelling requires the crime be wholly or partly
committed therein or in any integral part thereof.

2) Dwelling does not mean permanent residence or

domicile of offended party or he may not be the owner.
He must, however, be actually living or dwelling
therein even for temporary duration.

3) not necessary that accused should have actually

entered the dwelling of victim to commit the offense; it
is enough that victim was attacked inside his own
house, although the assailant may have devised means
to perpetrate the assault from without.
Meaning of provocation in the AC of dwelling:
Provocation be:

a) Given by owner of dwelling,

b) Sufficient, and
c) Immediate to the commission of crime.

NOTE: If all conditions present, offended party is

deemed to have given the provocation, and crime
committed in the dwelling of offended party is Not AC.

REASON: it is offended party who has provoked the

incident, he loses his right to the respect and
consideration due him in his own house.
Act be committed with: abuse of confidence or
obvious ungratefulness

a) There are 2 ACs present which must be

independently appreciated if present in the same
case

b) While one may be related to the other in the factual

situation in the case, they cannot be lumped together.

c) Abuse of confidence requires a special confidential

relationship between the offender and the victim,
while this is not required in obvious ungratefulness
Requisites Of Abuse Of Confidence:
1) offended party had trusted the offender.
2) offender abused such trust by committing crime
against the offended party.
3) abuse of confidence facilitated the commission of
crime.

Requisites of obvious ungratefulness:

a) offended party had trusted the offender;
b) offender abused such trust by committing crime against
offended party.
c) The act be committed with obvious ungratefulness.

NOTE: The ungratefulness must be such clear and

manifest ingratitude on the part of the accused.
Crime be committed in the palace of Chief Executive, or in
his presence, or where public authorities are engaged in the
discharge of their duties, or a place dedicated to religious
worship.

Actual performance of duties is not necessary when crime is

committed in the palace or in the presence of Chief Executive

Requisites Regarding Public Authorities:

1) crime occurred in the public office
2) public authorities are actually performing their public duties

Requisites (Place Dedicated To Religious Worship):

a) crime occurred in place dedicated to worship of God regardless
of religion
b) Offender decided to commit the crime when he entered the
place of worship
That the crime be committed (1) in the nighttime,
or (2) uninhabited place, or (3) by band, such
circumstance may facilitate the commission of the
offense.

nighttime, uninhabited place or band is

aggravating:

1) When facilitated the commission of crime; or

2) When especially sought for, by offender to insure the

commission of crime or for purpose of impunity;

3) When offender took advantage thereof for purpose of

impunity
NIGHTTIME – period of darkness beginning at end of dusk and ending
at dawn.

a) Commission of crime must begin and be accomplished in nighttime.

When place of crime is illuminated by light, nighttime is NOT
aggravating. Not considered AC when crime began at daytime.

b) Nighttime is not especially sought for when the notion to commit

the crime was conceived of shortly before commission or when
crime was committed at night upon casual encounter

c) However, nighttime need not be specifically sought for when (1) it

facilitated the commission of the offense, or (2) the offender took
advantage of the same to commit the crime

d) A bare statement that crime was committed at night is insufficient.

The information must allege that nighttime was sought for or taken
advantage of, or that it facilitated the crime.
UNINHABITED PLACE – one where there are no houses at
all, a place at a considerable distance from town,

 where the houses are scattered at a great distance from

each other.

Solitude must be sought to better attain criminal purpose

What should be considered here is whether in the place of

the commission of the offense, there was reasonable
possibility of victim receiving some help.

BAND – whenever there are more than 3-armed malefactors

that shall have acted together in the commission of offense

NOTE: There must be 4 or more armed men.

That the crime be committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic or other
calamity or misfortune. = Requisites:

a) crime was committed when there was calamity or

misfortune
b) Offender took advantage of the state of confusion or
chaotic condition from such misfortune

That the crime be committed with the aid of armed men or

persons who insure or afford impunity. = Requisites:

1) armed men took part in commission of crime, directly or

indirectly.
2) accused availed himself of their aid or relied upon them
when the crime was committed.
NOTE: This AC requires that armed men are accomplices who
take part in a minor capacity directly or indirectly, and not when
they were merely present at the crime scene.

When This AC Shall NOT Be Considered:

 both attacking party and party attacked were equally armed.
 accused and those who cooperated with him in the commission
of the crime acted under the same plan and for same purpose.

 When others were only “casually present” and offender did

not avail himself of any of their aid or when he did not
knowingly count upon their assistance in the commission of the
crime

Accused is a Recidivist
recidivist – one who at the time of his trial for one crime, shall have
been previously convicted by final judgment of another crime
embraced in the same title of the RPC.
Requisites:
1) offender is on trial for an offense;
2) was previously convicted by final judgment of another crime;
3) Both Ist & 2nd offenses are embraced in same title of RPC;
4) offender is convicted of the new offense.

Offender has been previously punished for offense to which

the law attaches an equal or greater penalty or for two or
more crimes to which it attaches a lighter penalty.

Requisites Of Reiteracion Or Habituality:

a) accused is on trial for an offense;
b) he previously served sentence for another offense to which the
law attaches an Equal or Greater penalty, or
c) For 2 or more crimes to which it attaches a lighter penalty than
that for the new offense;
d) That he is convicted of the new offense
Crime be committed in consideration of price, reward or
promise. = Requisites:

1) There are at least 2 principals:

2) principal by inducement (one who offers) (PI)

3) principal by direct participation (accepts) (PDP)

4) The price, reward, or promise should be previous to and

in consideration of the commission of the criminal act

NOTE: The circumstance is applicable to both principals .It

affects the person who received the price/reward as well as
the person who gave it.
a) If without previous promise, it was given voluntarily
after the crime had been committed as an expression
of his appreciation for the sympathy and aid shown
by other accused, it should not be taken into
consideration for the purpose of increasing the penalty.

b) The price, reward or promise need not consist of or

refer to material things or that the same were actually
delivered, it being sufficient that the offer made by the
principal by inducement be accepted by the principal
by direct participation before commission of offense.

c) inducement must be primary consideration for

commission of crime.
Crime be committed by means of inundation, fire,
poison, explosion, stranding of a vessel or intentional
damage thereto, derailment of a locomotive, or by use
of any artifice involving great waste and ruin

 The circumstances will only be considered as

aggravating if and when they are used by offender as
means to accomplish the criminal purpose

 When another AC already qualifies the crime, any of

these aggravating circumstances shall be considered as
generic AC only

 When used as means to kill another person, crime is

qualified to murder.
Act be committed with evident premeditation
Requisites: The prosecution must prove:

a) The time when offender determined to commit the crime;

b) Act manifestly indicating that culprit has clung to his

determination;

c) A sufficient lapse of time between determination and

execution, to allow him to reflect upon the consequences of
his act and to allow his conscience to overcome the
resolution of his will.

Essence of premeditation: The execution of criminal act must be

preceded by cool thought and reflection upon the resolution to
carry out the criminal intent during the space of time sufficient to
arrive at a calm judgment.
That (1) craft, (2) fraud, or (3) disguise be employed. = Requisite:
The offender must have actually used craft, fraud, or disguise to
facilitate the commission of crime.

CRAFT – involved use of intellectual trickery or cunning on the part of

accused.
 A chicanery resorted to by accused to aid in the execution of his
criminal design.
 It is employed as a scheme in the execution of the crime.
 The act of the accused done in order not to arouse the suspicion of
the victim constitutes craft.

FRAUD – insidious words or machinations used to induce the victim to

act in a manner, which would enable offender to carry out his design.

 Where there is direct inducement by insidious words or

machinations, fraud is present.

DISGUISE – resorting to any device to conceal identity.

That (1) advantage be taken of superior strength, or
(2) means be employed to weaken the defense.

 contemplates 2 AC, either of which qualifies killing to

murder.

MEANING OF “advantage be taken”:

 To deliberately use excessive force that is out of
proportion to the means for self-defense available to
the person attacked.

 TEST for abuse of superior strength: the relative

strength of the offender and his victim and whether
or not he took advantage of his greater strength.
 “ABUSE OF SUPERIOR STRENGTH” - The gravamen of
abuse of superiority is the taking advantage by the
culprits of their collective strength to overpower their
relatively weaker victim or victims.

 MEANING OF “Means employed to weaken defense” -

the offender employs means that materially weaken
the resisting power of offended party.

NOTE: This circumstance is applicable only to crimes

against persons,

 and sometimes against person and property, such as

robbery with physical injuries or homicide.
Act be committed with Treachery (alevosia)
TREACHERY – when offender commits any of the crimes
against the person, employing means, methods or forms in the
execution thereof,

 which tend directly and specially to insure its execution

without risk to himself arising from the defense which
offended party might make.

Requisites:
1) time of attack, victim was not in position to defend himself;
2) offender consciously adopted the particular means, method
or form of attack employed by him.

TEST: It is not only the relative position of parties but more

specifically, whether or not victim was forewarned or afforded
the opportunity to make a defense or to ward off the attack.
Rules Regarding Treachery:
1) Applicable only to crimes against persons.
2) Means, methods or forms need not insure accomplishment of
crime.
3) The mode of attack must be consciously adopted.

TREACHERY - Means, methods or forms are employed by the

offender to make it impossible or hard for the offended party to
put any sort of resistance

ABUSE OF SUPERIOR STRENGTH - Offender does not employ

means, methods or forms of attack, he only takes advantage of
his superior strength

MEANS EMPLOYED TO WEAKEN DEFENSE - Means are

employed but it only materially weakens the resisting power of
the offended party
That means be employed or circumstances brought
about which add ignominy to natural effects of the act

IGNOMINY – a circumstance pertaining to moral order,

which adds disgrace to the material injury caused by the
crime.

MEANING OF “which add ignominy to the natural effects”

 The means employed or the circumstances brought about

must tend to make the effects of the crime more
humiliating to victim or to put the offended party to
shame, or add to his moral suffering.

 Applicable to crimes against chastity, less serious physical

injuries, light or grave coercion, and murder.
That the crime be committed after an unlawful entry.

UNLAWFUL ENTRY – entrance is effected by a way NOT

intended for purpose.

NOTE: Unlawful entry must be a means to effect entrance

and not for escape.

REASON FOR AGGRAVATION:

 One who acts, not respecting the walls erected by men to

guard their property and provide for their personal
safety, shows a greater perversity, a greater audacity;

 hence, the law punishes him with more severity.

That as a means to the commission of a crime, a wall,
roof, floor, door, or window be broken.

1) Applicable only if such acts were done by offender to

effect ENTRANCE.

2) If the wall, etc., is broken in order to get out of the place,

it is not an aggravating circumstance.

3) NOT necessary offender should have entered building,

4) If offender broke a window to enable himself to reach a

purse with money on the table near that window, which
he took while his body was outside of the building, the
crime of theft was attended by this aggravating
circumstance.
That the crime be committed with the aid of persons under 15
years of age, or by means of motor vehicles, airships, or other
similar means.

2 DIFFERENT CIRCUMSTANCES GROUPED IN THIS PARAS:

With the aid of persons under 15 years of age:

 Intends to repress, so far as possible, the frequent practice

resorted to by professional criminals to avail themselves of
minors taking advantage of their irresponsibility.

By means of motor vehicles, airships, or other similar means:

 Intended to counteract the great facilities found by modern

criminals in said means to commit crime and flee and abscond
once the same is committed.
That the wrong done in the commission of crime be
deliberately augmented by causing another wrong not
necessary for its commission

CRUELTY – when culprit enjoys and delights in making his victim

suffer slowly and gradually, causing unnecessary physical pain in
the consummation of the criminal act.

Requisites:
1) injury caused be deliberately increased by causing other wrong;
2) other wrong be unnecessary for execution of purpose of offender.

 to be appreciated, there must be positive proof that wounds found

on body of victim were inflicted while still alive in order
unnecessarily to prolong physical suffering.

 If victim already dead when acts of mutilation were performed, this

would qualify killing to murder due to outraging of his corpse.
ALTERNATIVE CIRCUMSTANCES – Those, which must
be taken into consideration
 as aggravating or mitigating
 according to the nature and effects of the crime
 and the other conditions attending its commission.

BASIS: The nature and effects of the crime and the

other conditions attending its commission.

THE ALTERNATIVE CIRCUMSTANCES ARE:

a) Relationship;
b) Intoxication; and
c) Degree of instruction and education of the offender.
WHO ARE CRIMINALLY LIABLE
 The classification of offenders as principal, accomplice
or accessory is essential under RPC.

 The classification maybe applied to special laws only if

the latter provides for the same graduated penalties as
those provided under RPC.

There Are 2 Parties In All Crimes:

1. Active subject (the criminal)
- Art. 16 enumerate the active subjects of the
crime.

2. Passive subject (the injured party)

- Is the holder of the injured right: the man, the
juristic person, the group, and
Note: Only natural persons can be the active subject of
crime because of the highly personal nature of the
criminal responsibility.

 However, corporation and partnership can be passive

subject of crime.

PRINCIPALS (3 TYPES OF PRINCIPALS):

a) Principal by DIRECT PARTICIPATION - (PDP)

b) Principal by INDUCTION - (PI)

c) Principal by INDISPENSABLE COOPERATION – (PIC)

Principals by Direct Participation (PDP) =
Requisites:
1) That they participated in the criminal resolution; and
(conspiracy)

2) That they carried out their plan and personally took

part in its execution by acts, which directly tended to
the same end.

NOTE:
 If 2nd element is missing, those who did NOT participate
in the commission of the acts of execution cannot be held
criminally liable,

 unless the crime agreed to be committed is treason,

sedition, coup d’etat or rebellion.
MEANING OF “personally took part in its execution”
• That the PDP must be at the scene of the commission of
crime, personally taking part in its execution.
• Under conspiracy, although he was not present in the scene
of crime, he is equally liable as a PDP.
Example: One serving as guard pursuant to the
conspiracy is a PDP.

CONSPIRACY – there is unity of purpose and intention.

How conspiracy is established:

a) It is proven by overt act and beyond reasonable doubt
b) Mere knowledge or approval is insufficient
c) It is not necessary that there be formal agreement
d) Conspiracy is implied when the accused had a common
purpose and were united in execution.
Unity of purpose and intention in the commission of
the crime may be shown in the following cases:

 Spontaneous agreement at the moment of

commission of crime

 Active cooperation by all offenders in the

perpetration of crime

 Contribution by positive acts to the realization of a

common criminal intent

 Presence during commission of crime by a band and

lending moral support
Principals by Induction (PI) (mastermind) = Requisites:

a) That the inducement be made directly with the intention of

procuring the commission of crime; and

b) That such inducement be the determining cause of the

commission of the crime by the material executor.

One cannot be held guilty of having instigated the

commission of the crime without first being shown that the
crime was actually committed (or attempted) by another.

 Thus, there can be no PI (or by indispensable

cooperation) unless there is a PDP.

 But there can be a PDP, even without a PI (or a PIC).

Two Ways Of Becoming Principal By Induction:

A). By directly forcing another to commit a crime by:

a) Using irresistible force.
b) Causing uncontrollable fear.

 In these cases, there is no conspiracy, not even a unity of

criminal purpose and intention.
 Only the one using force or causing the fear is criminally liable.
 The material executor is not criminally liable because of Art. 12,
pars. 5 and 6 (exempting circumstances)

B). By directly inducing another to commit a crime by:

1) Giving of price, or offering of reward or promise.
2) The one giving the price or offering the reward or promise is a PI.
3) While one committing the crime in consideration thereof is a PDP.

4) There is collective criminal responsibility.

Using words of command
 The person who used the words of command is a PI.
 While the person who committed the crime because
of words of command is a PDP.
 There is also collective criminal responsibility.

Requisites for words of command considered

inducement:

1) Commander has intention of procuring the

commission of the crime
2) Commander has ascendancy or influence
3) Words used be so direct, so efficacious, so powerful
4) Command be uttered prior to the commission
5) Executor had no personal reason
Effects Of Acquittal Of Principal By Direct Participation (PDP)
Upon Liability Of Principal By Inducement (PI):

a) Conspiracy is negated by the acquittal of co-defendant.

b) One cannot be held guilty of having instigated the commission

of a crime without first being shown that the crime has been
actually committed by another.

c) But if the one charged as PDP is acquitted because he acted

without criminal intent or malice, his acquittal is NOT a
ground for the acquittal of PI.

REASON FOR THE RULE: In exempting circumstances, such as when

the act is not voluntary because of lack of intent on the part of the
accused, there is a crime committed, only that the accused is not a
criminal.
Principal by Indispensable Cooperation (PIC) = Requisites:
1) Participation in the criminal resolution, that is, there is
either anterior conspiracy or unity of criminal purpose and
intention immediately before the commission of the crime
charged; and

2) Cooperation in the commission of the offense by performing

another act, without which it would not have been
accomplished.

MEANING OF “cooperation in the commission of the offense”

 To desire or wish in common a thing. But that common will or
purpose does not necessarily mean previous understanding,

 for it can be explained or inferred from the circumstances of

each case.
NOTE: If cooperation is not indispensable, the offender is
only an accomplice.

Collective Criminal Responsibility:

a) This is present when enders are criminally liable in the

same manner and to the same extent. The penalty to be
imposed must be the same for all.

b) PDP have collective criminal responsibility.

c) PI, (except those who directly forced another to commit a

crime) and PDP have collective criminal responsibility.

d) PIC have collective criminal responsibilities with PDP.

Individual Criminal Responsibility:
1) In the absence of any previous conspiracy, unity of
criminal purpose and intention immediately before the
commission of crime, or community of criminal design,

2) the criminal responsibility arising from different acts

directed against one and the same person is considered
as individual and not collective, and

3) each of the participants is liable only for the act

committed by him.

QUASI-COLLECTIVE criminal responsibility:

 Some of the offenders in the crime are principals and the
others are accomplices.
ACCOMPLICES:

 Persons who do not act as principals but

cooperate in the execution of the offense by
previous and simultaneous acts,

 which are NOT indispensable to the

commission of the crime.

 They act as mere instruments that perform

acts NOT essential to the perpetration of the
offense
Requisites: (the following must concur)

a)That there be community of design; that is, knowing the

criminal design of PDP, he concurs with the latter his
purpose;

b)That he cooperates in the execution of the offense by

previous or simultaneous acts, with the intention of
supplying material or moral aid in the execution of the
crime in an efficacious way; and

c) That there be a relation between the acts done by the

principal and those attributed to the person charged as
an accomplice.
NOTES:

A. Before there could be accomplice, there must

be principal by direct participation (PDP).

B. The person charged as accomplice should

NOT have inflicted a mortal wound. If he
inflicted a mortal wound, he becomes a
principal by direct participation (PDP).

C. In case of doubt, the participation of offender

will be considered that of accomplice rather
than that of principal.
ACCESSORIES. Accessories are those who:
1) having knowledge of the commission of crime, and
2) without having participated therein either as principals or
accomplices, take part subsequent to its commission in any
of the following acts:

 By profiting themselves or assisting the offender to profit by the

effects of crime.
 Assisting the offender to profit by the effects of the crime.
 By concealing or destroying the body of crime to prevent its
discovery:

• In profiting effects of crime, accessory receive property from

principal.
• He should not take it without the consent of the principal.
• If he took it without consent of principal, not accessory but
principal in crime of theft.
EXAMPLES:
PAR. 1 - person received & used property from another, knowing
it was stolen

PAR. 2 – placing weapon in hand of dead who was unlawfully

killed to plant evidence, or burying deceased who was killed by
principals

PAR. 3 –
• public officers who harbor, conceal or assist in the escape of
principal of any crime (not light felony) with abuse of his public
functions

• private persons who harbor, conceal or assist in the escape of

the author of the crime – guilty of treason, parricide, murder or
an attempt against the life of the President, or who is known to
be habitually guilty of crime.
GENERAL RULE: If Principal is acquitted the Accessory is
also acquitted. Responsibility of accessory is subordinate
to that of the principal in a crime

Exception: When the crime was in fact committed by the

principal, but the principal is covered by exempting
circumstances (Art 12) and he is not held liable.

 However, it is possible that the accessory may still be held

liable even if the principal was acquitted by an exempting
circumstance

i. Trial of accessory may proceed without awaiting the

result of the separate charge against the principal
because criminal responsibilities are distinct from each
other. (Cont..)
ii. Neither the letter nor spirit of law requires that
principal be convicted before one may be punished as
accessory.

iii. corpus delicti is proved and accessory’s participation

is shown, he can be held criminally responsible and
meted out corresponding penalty

iv. Prescribed acts of accessory under par. 2 must have

been intended to prevent discovery of crime, hence,
mere silence does not make accessory.

v. accused misleads the authorities by giving them false

information, such act is equivalent to concealment and
he should be held as an accessory.
PRINCIPAL:

 Takes direct part or cooperates in, or induces the

commission of crime,
 cooperates in the commission of offense by acts either
prior thereto or simultaneous therewith.
 Participates during commission of crime

ACCESSORY:

 Does NOT take direct part or cooperates in, or induces

the commission of crime
 does not take part in the commission of the offense.
 Participation of accessory in all cases always
SUBSEQUENT to the commission of crime.
ANTI-FENCING LAW (PD 1612)

FENCING– is an act, with intent to gain, of buying, selling,

receiving, possessing, keeping, or in any other manner
dealing in anything of value which a person knows or should
have known to be derived from the proceeds of the crime of
robbery or theft.

FENCE– is a person who commits the act of fencing. A fence

who receives stolen property as above provided he is not an
accessory but a principal in the crime defined in and
punished by Anti-Fencing Law.

 Mere possession of anything of value, which has been the

subject of robbery or theft, shall be prima facie evidence
of fencing.
AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABLITY
WHEN THE PRINCIPAL IS HIS:

 spouse, or ascendant, or descendant,

 or legitimate, natural or adopted brother, sister
 or relative by affinity within the same degree.

Accessory Is Not Exempt From Criminal Liability Even If

The Principal Is Related To Him, If Such Accessory:

 profited by effects of the crime,

 or assisted the offender to profit by the effects of crime.

REASON: Because such acts are prompted not by affection

but by a detestable greed.
PENALTY – suffering inflicted by State for transgression of a law.
Different Juridical Conditions Of Penalty:

a) Must be productive of suffering, without however affecting the

integrity of the human personality.
b) Must be commensurate with the offense – different crimes
must be punished with different penalties.

c) Must be personal – no one should be punished for crime of

another.
d) Must be legal – it is the consequence of a judgment according
to law.

e) Must be certain – no one may escape its effects.

f) Must be equal for all.

g) Must be correctional.
Purpose Of The State (Gov’t) In Punishing Crimes

 The State has existence of its own to maintain, a

conscience to assert, and moral principles to be
vindicated.

 Penal justice must therefore be exercised by State

in the service and satisfaction of a duty, and rests
primarily on the moral rightfulness of the
punishment inflicted (to secure justice).

 The basis of the right to punish violations of penal

law is the police power of the State.
 EFFECT OF PARDON BY OFFENDED PARTY

GENERAL RULE: Pardon by offended party does NOT extinguish

the criminal liability of offender.

REASON: A crime committed is an offense against the State. Only

the Chief Executive can pardon the offenders.

EXCEPTION: Pardon by offended party will bar criminal

prosecution in crimes:

i. Adultery and Concubinage.

 EXPRESS or IMPLIED pardon must be given by offended party

to BOTH offenders.
 Pardon must be given PRIOR to institution of criminal action.
(cont..)
ii. Seduction, Abduction, Acts of Lascisviousness.

 EXPRESS pardon given by offended party or her parents or

grandparents or guardian.
 Pardon must be given PRIOR to institution of criminal action.
 However, marriage between offender and offended party EVEN
AFTER the institution of criminal action or conviction of offender
will extinguish the criminal action or remit the penalty already
imposed against offender, his co-principals, accomplices and
accessories after the fact.

ii. Rape.

 The subsequent valid marriage between offender and offended

party shall extinguish criminal liability or the penalty imposed.
 In case the legal husband is offender, subsequent forgiveness by
wife as offended party shall also produce the same effect.
NOTE:
 Pardon by offended party under Art. 344 is ONLY A BAR to
criminal prosecution; NOT ground for extinguishment of criminal
liability.
 It DOES NOT extinguish criminal liability. It is not one of the
causes that totally extinguish criminal liability in Art 89
 Nevertheless, civil liability may be extinguished by the EXPRESS
WAIVER of offended party. Civil liability w/ regard to the interest
of the injured party is extinguished by the latter’s express waiver
because personal injury may be repaired through indemnity.
 Waiver must be express. State has no reason to insist on its
payment.

WHEN AFFLICTIVE, CORRECTIONAL, OR LIGHT PENALTY

Fines:
 Afflictive – over 6000
 Correctional – 201 to 6000
 Light – 200 and less
 DURATION AND EFFECTS OF PENALTIES

a) Reclusión perpetua – 20 years and 1 day to 40 years

b) Reclusión temporal – 12 years and 1 day to 20 years

c) Prisión mayor and temporary disqualification – 6 years and

1 day to 12 years,

d) Prisión correccional, suspensión & destierro – 6 months

and 1 day to 6 years,

e) Arresto mayor – 1 month and 1 day to 6 months

f) Arresto menor – 1 day to 30 days

g) Bond to keep the peace – The period is discretionary on the

court.
 Rules on Computation of Penalties:

1) When offender in prison – duration of the temporary

penalties (Permanent Absolute Disqualification,
Temporary Absolute Disqualification, detention,
suspension) is from the day on which judgment of
conviction becomes final.

2) When the offender is not in prison – the duration of the

penalty of deprivation of liberty is from the day that the
offender is placed at the disposal of judicial authorities
for the enforcement of the penalty

3) The duration of the other penalties – the duration is

from the day on w/c the offender commences to serve
his sentence
PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED FROM TERM
OF IMPRISONMENT
Instances when accused undergoes preventive suspension:
1. offense is non-bailable
2. Bailable, but can’t furnish bail

Notes:
a. The full time or 4/5 of time during which offenders have undergone
preventive suspension shall be deducted from the penalty imposed:
b. full time: if the detention prisoner agrees voluntarily in writing to
abide by the same disciplinary rules imposed upon convicted
prisoners
c. 4/5 of time: if detention prisoner does not agree to abide by the
same disciplinary rules imposed upon convicted prisoners
d. In the case of a youthful offender who has been proceeded against
under the Child and Youth Welfare Code, he shall be credited in the
service of his sentence with the full time of his actual detention,
regardless if he agreed to abide by the same disciplinary rules of the
institution or not.
Offenders not entitled to be credited with full time or 4/5 of the
time of their preventive imprisonment:
 Recidivists/convicted previously twice or more times of any crime.
 Those who, upon being summoned for the execution of their
sentence, failed to surrender voluntarily (convicts who failed to
voluntarily surrender to serve their penalties under a final
judgment, not those who failed or refused to voluntarily surrender
after the commission of the crime)

 Duration of RP is to be computed at 30 years, thus, even if the

accused is sentenced to life imprisonment, he is entitled to the full
time or 4/5 of the time of preventive suspension

 Credit is given in the service of sentences consisting of deprivation

of liberty (imprisonment and destierro), whether perpetual or
temporal. Thus, persons who had undergone preventive
imprisonment but the offense is punishable by a fine only would
not be given credit.
The Graduation Of Penalties Refers To:
By degree:
a) stages of execution (consummated, frustrated, attempted)
b) degree of the criminal participation of the offender
(principal, accomplice, accessory)

By period
 (minimum, medium, maximum) - refers to the proper
period of the penalty w/c should be imposed when
aggravating or mitigating circumstances attend the
commission of the crime

PENALTY FOR COMPLEX CRIMES (Article 48)

COMPLEX CRIME – although there actually are two or more
crimes, the law treats them as constituting only one - as there
is only one criminal intent. Only one information need be filed.
Degree – one whole penalty, one entire penalty or one unit of the
penalties enumerated in the graduated scales provided for in Art. 71

Period – one of 3 equal portions, min/med/max of a divisible penalty. A

period of a divisible penalty when prescribed by the Code as a penalty for
felony, is in itself a degree.

INDETERMINATE SENTENCE LAW (Act 4103 amended by Act 4225)

1) It applies to both violations of RPC and special laws, and is based on
the penalty actually imposed.
2) Indeterminate sentence – mandatory if imprisonment exceed 1 year.

IF THE PENALTY IS IMPOSED BY THE RPC:

a) Maximum Term – is that which could be properly imposed under the
RPC, considering the aggravating and mitigating circumstances.
b) Minimum Term – is within the range of the penalty one degree lower
than that prescribed by the RPC, without considering the
circumstances.
IF PENALTY IS IMPOSED BY SPECIAL PENAL LAW
Maximum Term – must not exceed the maximum term fixed by said law.
Minimum Term – must not be less than minimum term prescribed by the
same.
 For SPECIAL LAWS, it is anything within inclusive range of prescribed
penalty. Courts given discretion in imposition indeterminate penalty.

WHEN BENEFIT OF THE ISL IS NOT APPLICABLE:

The Indeterminate Sentence Law shall not apply to the ff. persons:

a) sentenced to death penalty or life imprisonment

b) treason, or conspiracy or proposal to commit treason
c) misprision of treason, rebellion, sedition or espionage
d) piracy
e) habitual delinquents
f) escaped from confinement, or evaded sentence
g) granted with conditional pardon by President, but violated the terms.
h) maximum term of imprisonment does not exceed 1 year.
i) sentenced to the penalty of destierro or suspension only
RELEASE OF PRISONER ON PAROLE
The Board of Pardons and Parole may authorize the release of a prisoner
on parole, after he shall have served the minimum penalty imposed on
him, provided that:
 Such prisoner is fitted by his training for release,
 There is reasonable probability that he will live and remain at
liberty without violating the law,
 Such release will not be incompatible with the welfare of society.

ENTITLEMENT TO FINAL RELEASE AND DISCHARGE

 If during the period of surveillance such paroled prisoner shall: (a) show
himself to be a law-abiding citizen and, (b) shall not violate any law, the
Board may issue a final certification in his favor, for his final release and
discharge.

SANCTION FOR VIOLATION OF CONDITIONS OF THE PAROLE

 When the paroled prisoner shall violate any of the conditions of his
parole: (a) the Board may issue an order for his arrest, and thereafter,
(b) the prisoner shall serve the remaining unexpired portion of the
maximum sentence for which he was originally committed to prison.
REASONS FOR FIXING MAXIMUM AND MINIMUM TERMS IN
INDETERMINATE SENTENCE
a) When prisoner has: (a) served MINIMUM penalty imposed on him, and
(b) fit for release of prisoner on parole, upon terms and conditions
prescribed by BPP.
b) But when the paroled prisoner violates any of the conditions of his parole
during the period of surveillance, he may be rearrested to serve the
remaining unexpired portion of the MAXIMUM sentence.
c) Even if prisoner has already served MINIMUM, but he is not fitted for
release on parole, he shall continue to serve until end of MAXIMUM term.

HOW CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED

PAR. 1. BY DEATH
i. Extinguishment of criminal liability is a ground for motion to quash.
ii. Criminal liability whether before or after final judgment is extinguished
upon death because it is a personal penalty.
iii. Pecuniary penalty is extinguished when death occurs before final
judgment.
iv. The death of offended party however does not extinguish criminal
liability of the accused because it is a crime against the state.
PAR. 2. BY SERVICE OF SENTENCE
• Crime is a debt, hence extinguished upon payment.
• Service does not extinguish civil liability.

PAR. 3. BY AMNESTY
Amnesty – is an act of the sovereign power granting oblivion or
general pardon. It wipes all traces and vestiges of the crime but does
not extinguish civil liability.

PAR. 4. BY ABSOLUTE PARDON

Pardon – an act of grace proceeding from the power entrusted with the
execution of laws, which exempts the individual from the punishment
the law inflicts for the crime.

PAR. 5. BY PRESCRIPTION OF CRIME

Prescription of crime – is the loss/forfeiture of the right of the state to
prosecute the offender after the lapse of a certain time.
NOTE: When crime prescribes, gov’t loses right to prosecute
PRESCRIPTIVE PERIODS OF CRIMES. Crimes punishable by:
a) Death, reclusió n perpetua or reclusió n temporal = 20 years
b) afflictive penalties = 15 years
c) correctional penalties = 10 years, - except punishable by
arresto mayor which prescribe in 5 yrs
d) Crime of libel = 1 year
e) Offenses of oral defamation and slander by deed = 6
months
f) Light offenses = 2 months

Par. 6 - BY PRESCRIPTION OF PENALTY

NOTE: means the loss/forfeiture of the right of gov’t to execute
the final sentence after the lapse of a certain time.

Conditions:
1. There must be final judgment.
2. The period must have elapsed.
PRESCRIPTIVE PERIODS OF PENALTIES:
 Death and reclusió n perpetua – 20 years
 Other afflictive penalties – 15 years
 Correctional penalties – 10 years, except penalty of
arresto mayor, which prescribes in 5 years
 Light penalties – 1 year

BY MARRIAGE OF OFFENDED WOMAN (ART. 344)

Crimes covered:
a) rape
b) seduction
c) abduction
d) acts of lasciviousness

 The marriage must be contracted in good faith.

PRESCRIPTION OF CRIME

a) Computing the period, first day is excluded and last day

included.
b) When last day of prescriptive period falls on Sunday or
legal holiday, the information can no longer be filed the
following day.
c) Simple slander prescribes in 2 months and grave slander
in 6 months.
d) Since destierro is a correctional penalty, it prescribes in 10
years. For afflictive penalties, period is 15 years.
e) If it is a compound penalty, basis will be the highest
penalty.
f) If fine is an alternative penalty (imposed together with a
penalty lower than the fine), fine shall be the basis.
g) Prescription begins to run from the discovery. It is
interrupted when proceedings are instituted and shall
begin to run again when the proceedings are
dismissed.

h) If accused fails to move to quash before pleading, he is

deemed to have waived all objections, except if the grounds
are:
 facts charged do not constitute an offense
 court has no jurisdiction
 criminal action or liability has been extinguished
 the averments, if true, would constitute a legal
excuse or justification

i) Prescription does not take away the court’s jurisdiction but

only absolves the defendant and acquits him.
COMPUTATION OF PRESCRIPTION OF OFFENSES
a) If there is nothing concealed (appears in public doc), crime
commences to run on date of commission.
b) period of prescription for crimes, which continue, never runs.
c) Crime needs to be discovered by:
 offended party
 authorities
 their agents
d) a person witnesses crime but only tells authorities 25 years
later, prescription commences the day authorities were told.

What Interrupts Prescription?

 Preliminary investigation, which is similar to judicial
proceeding
 Filing proper complaint with prosecutor’s office. Police not
included.
 Filing complaint with the court that has proper jurisdiction
Period Commences To Run Again When Proceeding Is
Terminated:

 Without the accused being convicted or acquitted

 The proceeding is unjustifiably stopped for a reason
not imputable to the offender

 When such proceedings terminate – termination that is

final; unappealed conviction or acquittal
 Unjustifiably stopped for any reason – ex: accused
evades arrest, proceedings must be stopped

NOTE: Art. 91 applies to a special law when said law does

not provide for the application but only provides for the
period of prescription.
WHEN AND HOW PENALTIES PRESCRIBE

a) Final sentence must be imposed.

b) If a convict can avail of mitigating circumstances and

the penalty is lowered, it is still the original penalty
that is used as the basis for prescription.

 However, if the convict already serves a portion of

his sentence and escapes after, the penalty that was
imposed (not the original) shall be the basis for
prescription.

c) Fines less than P200 fall under light penalty. Those

above are correccional.
COMPUTATION OF PRESCRIPTION OF PENALTIES
 commences to run from date when culprit evaded service of
his sentence.

Requisites:
1) Penalty is imposed by final sentence.

2) Convict evaded service of sentence by escaping during term of

his sentence.

3) Convict has not given himself up, or been captured, or gone to

foreign country with which we have no extradition treaty, or
committed another crime.

4) Penalty has prescribed, because of lapse of time from the date

of the evasion of the service of the sentence.
Interruption Of Period: If convict
a) gives himself up
b) be captured
c) goes to foreign country which Philippines has no extradition treaty
d) commits another crime before expiration of the period of prescription
e) accepts a conditional pardon

CIVIL LIABILITY
TWO CLASSES OF CIVIL LIABILITY
1) social injury – produced by disturbance and alarm = outcome of offense
2) personal injury – caused by the victim who may have suffered damage,
either to his person, property, honor or chastity

CIVIL LIABILITY OF A PERSON GUILTY OF FELONY

Dual Character Of The Crime As Against:
 the state, because of the disturbance of peace and order
 the private person injured, unless it involves the crime of treason,
rebellion, espionage, contempt and others where no civil liability arises
on the part of the offender either becoz no damages or no private
person injured by crime.
Damage that may be recovered in criminal cases:
 Crimes against persons, like physical injuries – whatever he
spent for treatment of wounds, doctor’s fees, medicines & salary
unearned
 Moral Damages: seduction, abduction, rape or other lascivious
acts, adultery or concubinage, illegal or arbitrary detention or
arrest, illegal search, libel, slander or any other form of
defamation, malicious prosecution
 Exemplary Damages: imposed when crime committed with 1 or
more AC.

NOTES:
 no damage caused by commission of crime, offender not civilly
liable.
 Dismissal of information or criminal action does not affect right of
offended party to institute or continue civil action already
instituted arising from offense, because such dismissal does not
carry with it the extinction of the civil one.
 accused is acquitted on ground his guilt not proven beyond reasonable
doubt, a civil action for damages for same act or omission may be
instituted.

 Exemption from criminal liability in favor of imbecile or insane person,

and person under 15 years, or over 15 but under 18 who acted without
discernment and those acting under the impulse of irresistible force or
under impulse of uncontrollable fear or equal or greater injury does not
include exemption from civil liability.

 Acquittal in criminal action for negligence-NOT preclude offended party

from filing civil action to recover damages, based on the act is quasi-
delict.

 court found accused guilty of criminal negligence but failed to enter

judgment of civil liability, private prosecutor has right to appeal for
purposes of civil liability of accused. The appellate court may remand
case to trial court for latter to include in its judgment the civil liability
of the accused.
 Before expiration of 15-day period to appeal, trial court can
amend judgment of conviction by adding provision for civil
liability of accused, even if convict started serving sentence.
 offender dies prior to institution of action or prior to finality of
judgment, civil liability ex delicto is extinguished.
 independent civil action maybe brought by injured party
during pendency of criminal case provided right is reserved.

 Reservation is necessary in cases:

• any of cases referred to in Art 32
• (perpetual or temporary disqualification for exercise of the
right of suffrage)
• defamation, fraud and physical injury (bodily injury and not
crime of physical injury)
• civil action is against member of city/mun. police force for
refusing or failing to render aid or protection to any person
in case of danger to life or property
RULES REGARDING CIVIL LIABILITY IN CERTAIN CASES
 Gen. Rule: Exemption from criminal liability does NOT include exemption
from civil liability.
 Exception: No civil liability in Art. 12, par.4 (injury caused by accident) and
par.7 (failure to perform act required by law when prevented by some
lawful or insuperable cause).
 Pars. 1,2,3,5 and 6 are NOT exempt from civil liability although exempt
from criminal liability.

Who Are Civilly Liable For: -

 acts of insane or minor exempt from criminal liability
 persons having legal authority or control over him, if at fault or negligent
(except if proven acted without fault or with due diligence)
 no fault or negligence, or even with fault but insolvent and no persons
having legal authority over them, the property of insane, minor or imbecile
not exempt from execution, shall be held liable.
 over 15 but under 18, with discernment
 Father and, in case of his death or incapacity, the mother, are responsible
for the damages caused by the minor children who live in their company.
 Guardians over minors under their authority and live in their
company
 If no parents or guardian, minor or insane person be
answerable with his own property in an action against him
where guardian ad litem be appointed.

NOTE: Final release of child based on good conduct does not

remove his civil liability for damages.
 persons acting under an irresistible force or uncontrollable
fear – Persons using violence or causing the fear are primarily
liable. If there are none, those doing the act are responsible.

General Rule: no civil liability in justifying circumstances

Exception: par. 4 of Art. 11, where a person does an act, causing
damage to another, in order to avoid evil or injury, the person
benefited by the prevention of evil or injury shall be civilly liable
in proportion to the benefit he received.
WHAT IS INCLUDED IN CIVIL LIABILITIES
NOTE: The first remedy granted by law is restitution of thing
taken away by offender; if restitution cannot be made by offender
or his heirs, the law allows offended party - reparation. In either
case, indemnity for consequential damages maybe required.

Restitution – In theft, culprit is duty-bound to return the

property stolen.

Reparation – In case of inability to return property stolen, culprit

must pay value of property stolen.
 In case of physical injuries, reparation of damage caused would
consist in payment of hospital bills and doctor’s fees to
offended party.

Indemnification – loss of salary or earnings

RESTITUTION; HOW MADE
a) convict cannot, by way of restitution, give to offended party
similar thing of same amount, kind or species and quality.
The very thing should be returned.

b) If property stolen while in possession of 3rd party suffers

deterioration due to his fault, court will assess amount of
deterioration, in addition to return of property, culprit be
ordered to pay such amount.

c) owner of property illegally taken by offender can recover it

from whomsoever is in possession. Even if property stolen
was acquired by 3rd person by purchase without knowing
that it has been stolen, such property be returned to owner.

d) If thing acquired by person knowing that it was stolen, then

he is accessory and therefore criminally liable.
e) 3rd party acquired stolen property maybe reimbursed with
price paid therefor if it be acquired at (a) public sale (b) in
good faith.
f) Circumstances which bar action for recovery: (a) torrens title,
(b) when sale is authorized

g) When liability to return thing arises from contract, and not

from criminal act, court cannot order its return in criminal
case.
h) Restitution maybe ordered, even if accused is acquitted,
provided offense is proved and shown the thing belongs to
someone else.

i) crime is not against property, no restitution or reparation of

thing be done.
j) Payment of salary of employee during period of suspension
cannot, as gen. rule, be properly decreed by court in judgment
of acquittal. It devolves upon head of dept. concerned to do so.

k) court has authority to order reinstatement of accused

acquitted of crime punishable by penalty of perpetual or
temporary disqualification.

REPARATION; HOW MADE

1) court orders reparation if restitution is not possible.
2) Reparation shall be: price of thing, plus its sentimental
value.
3) If no evidence as to value of thing unrecovered, reparation
cannot be made.
4) Payment by insurance company - not relieve offender of
his obligation to repair the damage caused. (next slide)
5) Damages shall be limited to those caused by the crime.
6) The accused is liable for the damages caused as a result of the
destruction of the property after the crime was committed,
either because it was lost or destroyed by the accused himself or
that by any other person or as result of other cause/s.

INDEMNIFICATION; WHAT IS INCLUDED. Indemnity refers to

crimes against persons while reparation to crimes against
property.

a) Indemnity for medical services still unpaid may be recovered.

b) Contributory negligence on the part of offended party reduces
the civil liability of offender.
c) civil liability maybe increased only if not require aggravation
of the decision in the criminal case on which it is based.
d) The amount of damages for death shall be at least P50,000,
even though there may have been mitigating circumstances.
e. In addition: payment for loss of earning capacity of
deceased
f. If deceased was obliged to give support, the recipient,
who is not an heir, may demand support from
defendant.
g. The spouse, illegitimate descendants and ascendants of
the deceased may demand for moral damages.

Moral damages may be recovered in the following:

1) physical injuries
2) seduction, abduction, rape
3) adultery, concubinage
4) illegal or arbitrary detention
5) illegal search
6) libel, slander, defamation
7) malicious prosecution
OBLIGATION TO MAKE RESTORATION, REPARATION
FOR DAMAGES, OR INDEMNIFICATION FOR
CONSEQUENTIAL DAMAGES AND ACTIONS TO
DEMAND THE SAME; UPON WHOM IT DEVOLVES

 heirs of person liable has no obligation if restoration

is not possible and deceased left no property.

 Civil liability is possible only when the offender dies

after final judgment.

 If the death of the offender took place before any final

judgment of conviction was rendered against him, the
action for restitution must necessarily be dismissed.
OBLIGATION TO MAKE RESTITUTION IN CERTAIN
CASES

person who has participated gratuitously in the

proceeds of felony and bound to make restitution in an
amount equivalent to the extent of such participation.

3rd person must be innocent of the commission of

crime, otherwise he would be liable as accessory and
this article will not apply.

 Ex. A stole a ring worth 1k which he gave to B who

accepted it without knowledge that it was stolen. B
sold the ring to C for 500. B is liable to make restitution
up to 500 only.
OBLIGATION TO SATISFY CIVIL LIABILITY:

a) Unless extinguished, civil liability subsists even if offender has

served sentence consisting of deprivation of liberty or has not
served the same, due to amnesty, pardon, commutation of
sentence.

b) even if subsidiary imprisonment is served for nonpayment of

fines, this monetary liability of defendant is not extinguished.

c) amnesty wipes out all traces of the crime, it does not

extinguish civil liability of offender. A pardon shall in no case
exempt the culprit from payment of civil indemnity imposed
upon him by the sentence.

d) Probation affects only the criminal aspect of the crime.

Allowance for good conduct. – The good conduct of any
prisoner in any penal institution shall entitle him to the
following deductions from the period of his sentence:

 During the first 2 years of his imprisonment, he shall be

allowed a deduction of 5 days/month of good behavior;

 During the 3rd to 5th year, inclusive, of his imprisonment, he

shall be allowed a deduction of 8 days/month of good
behavior.

 During the following years until the 10th year, inclusive, of his
imprisonment, he shall be allowed a deduction of 10
days/month of good behavior and;

 During the 11th and successive years of his imprisonment, he

shall be allowed a deduction of 15 days/month of good
behavior.
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