CRIMINAL LAW I

CRIMINAL LAW IN GENERAL

Fundamental Principles

* Penal Laws - are the acts of the legislature prohibiting certain acts and establishing penalties for their violations.

Limitations on the Power of Congress:1. The law must be general in application. (equal protection)2. It must observe substantive and procedural due process.3. It should not impose cruel and unusual punishment or excessive fines.4. It should not operate as a bill of attainder. (Its essence is the substitution of legislative act for a judicial determination of guilt.)5. It should not operate as ex post facto law.

* Legis interpretation legis vim obtinet- the interpretation placed upon a written law by a competent court has the force of law- Article 8 of the Civil Code- doctrinal application of the prospectivity rules- judicial decisions applying laws of the constitution form part of the legal system of the Philippines

* Lex prospicit, non respicit - the law looks forward and not backward

Philosophies underlying the criminal law justice system:

1. Classical or Juristic Philosophy- heinous crimes- (basis of criminal liability) human free will- (purpose of penalty) retribution, for the right of the state and/or the private offended party must be observed- (imposable penalty) predetermined penalty for every crime the gravity of which is directly proportionate to the crime- (emphasis of the law) on the offense

2. Positivist or Realistic Philosophy- social crimes- (basis of criminal liability) consideration that mean is inherently good but because of his environment and upbringing he becomes socially weak- (purpose of penalty) corrective or curative to reform the offender- (determination) on an individual basis after considering his circumstances- (emphasis of the law) on the actor

3. Ecclectic Philosophy- mixed- combines the good features of both the classical and the positivist theories

4. Utilitarian Philosophy- protective theory- primary function of punishment in criminal law is to protect society from potential and actual wrong doers

* Equipoise Rule - in favor of the accused; applicable only to criminal responsibility

FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

Felonies

Article 3 – Classification of Felonies:(1) Formal Felonies - consummated (always); no frustrated or attempted(2) Material Felonies - attempted; frustrated; consummated

- As to count: Composite Complex Compound

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- As to gravity: Grave Less grave Light

- As to nature:(1) mala in se - (basis) moral state of the offender, hence good faith of lack of criminal intent is a defense

- (modifying circumstances) taken into account in imposing penalty on the offender bec. his moral trait is the basis of the crime- (degree of participation) basis whether he is a principal, offender, or merely accessory

(2) mala prohibita - (basis) voluntariness, hence, good faith/lack of criminal intent is not a defense, unless intent is an element of a crime- (modifying circumstances) not considered because the law prohibits- (degree of participation) the penalty of the offender is the same as they are all deemed principals- (stage of accomplishment) violation of law is punished only when accomplished or consummated

- Finality of Acquittal Rule - the powers of the state should not be allowed to make repeated attempts to convict an individual for an alleged offense

* "Promulgation of Decision" - acquittal* "Judgment" - conviction* intelligence - capacity to understand what is right and what is wrong* discernment - relevant to intelligence, not to intent

Article 4 – who commits the felony- dolo or culpa- impossible crime

- liable to all natural and logical consequences- if your act is the direct result of consequence, you'll be liable- if it's an intervening act, you'll not be liable

- factors affecting criminal intent:(1) mistake of fact - fact had been true to the belief of the offender(2) aberratio ictus - mistake in the blow

- may result in a complex crime, or in 2 felonies although there is just one intent- offender, intended victim and actual victim

(3) error in personae - mistake in the identity of the victim- offender and unintended victim

(4) praeter intentionem - injury is on the intended victim, but the resulting consequence is graver than intended- it does not apply to culpa

(5) proximate cause - a cause which in its natural and continuous sequence, unbroken by an efficient intervening causeproduces the injury and without which the result would not have occurred

* mistake - refers to the situation itself and does not apply to identity because in the latter there is no intent- effect on error on personae depends on the actual and intended victim and lower penalty shall apply

* impossible crime - acts performed would have been a crime against person or property- there is criminal intent- not accomplished because of the inherent impossibility or because the means employed is inadequate or ineffectual- is punished to suppress lawlessness or to teach a lesson to the offender- no attempted or frustrated

Article 5 – a product of a law- Art. 21 prohibits the imposition of a penalty- if no law punishes the act, court shall dismiss it, otherwise send a recommendation to the Chief Executive through the Sec. of Justice- if penalty imposed is excessive, court should still impose corresponding penalty or submit a statement recommending exec. clemency- question of facts are accorded highest respect on appeal, unless arbitrary or without sufficient basis, the findings of trial courts on questions of facts are accorded the highest respect or appeal, if not regarded as conclusive

Article 6 – consummated the execution is completed and the crime is accomplished- frustrated the execution is completed but the crime does not result due to causes independent to the will of the perpetrator- attempted begins a commission of a felony by direct overt acts but does not perform all acts of execution which should produce a felony due to other than the offender's own spontaneous desistance

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*overt acts - external acts; if continued will result to a felony; start of criminal liability* directly - the offender is liable for the attempted stage of felony; directly linked to the overt act irrespective of the intention* desistance - absolutory circumstance (only in the attempted stage)

- in attempted stage, the offender has still control of his acts- stages: planning; time before execution; the execution

- 2 phases of a felony: subjective phase - there is still control over his acts; has not yet passed, felony would be a mere attempt (attempted) objective phase - there is no more control over his acts (frustrated)

*execution- not all acts of execution have been done (attempted)- all act of execution has been performed (frustrated)*non-accomplishment- it is a cause or accident other than the offender's own spontaneous desistance (attempted)- it is some cause independent of the will of the perpetrator (frustrated)

- development of a crime: internal acts - are not punished external acts - refer to preparatory acts of execution

* preparatory acts - are not punished unless these acts are punished in themselves as independent crimes* proposal and conspiracy to commit a crime - are not punished except in those cases provided for law

Article 7 – light felonies are punishable only when consummated except in crimes against persons or property- however, only the principals and accomplices are liable, accessories are not

Article 8 – conspiracy in statutory language exists when 2 or more persons agree to commit a crime and decide to commit it- when proposal is accepted, it becomes conspiracy; the essence of conspiracy is community of criminal intent- it is essential for one to be liable for the acts of the others that there be intentional participation in the transaction with a view to the furtherance of the common design- except when he is the mastermind of the conspiracy, it is necessary that a co-conspirator should have performed some overt acts as a direct or indirect contribution in the execution of the crime planned to be committed- overt acts may consist of active participation in the actual commission of the crime itself; moral assistance to his co-conspirators by being present at the commission of the crime; or exerting moral ascendancy over the co-conspirators- 2 concepts of conspiracy:

as to the crime itself subject conspiracy is not yet committed but mere act of conspiring is defined and punished as a crime as a basis of incurring liability the execution of the plan is commenced

* criminis particeps - a partner in crime; accomplice-mere knowledge, acquiescence to or approval of the act without cooperation or agreement to cooperate, is not enough to constitute one party to a conspiracy absent the intentional participation- requisites: there must be agreement; and decision to commit the act- conspiracy is not presumed; like physical acts constituting the crime itself, the elements of conspiracy

* Arias Doctrine - all heads of offices have to rely to a reasonable extent on their subordinates and on the good faith of those who prepare bids, purchase supplies, or enter into negotiations

Article 9 - grave felonies are penalized by capital punishment or afflictive penalties in any of its periods, i.e. minimum, medium and maximumperiod of the penalty is an afflictive penalty. Afflictive penalties over prision mayor, disqualification, reclusion temporal and reclusion perpertua; penalty of more than 6 years

- less grave felonies are punished with penalties which in their maximum period are correctional, thus the maximum period of thepenalty must be correccional, that is, destierro, suspension, arresto mayor or prision correccional

- light felonies are infractions punished with arresto menor or fine of 200 below(note: in Article 26, a fine of 200 is considered correccional)

- classification of penalties as to severity is significant to determine:

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- whether the accessory is liable (Art. 16)- whether a complex crime was committed (Art. 48)- if the felony is punishable (Art. 7 on light felonies)- the duration of subsidiary penalty (Art. 39, no. 2)- the duration of intention in case of failure to post bond to keep peace (Art. 5)- whether the crime has prescribed (Art. 90)- the proper penalty for quasi-officers (Art. 365)

Article 10 - special penal laws define and penalize crimes not included in the Code; they are different from those defined and punished in the Code- this distinction is important with reference to the intent with which a wrongful act is done.- the general rule is that special laws are not subject to the provisions of the Revised Penal Code- however, the Code shall have the supplementary application to the special laws whenever the latter uses the nomenclature of penalties in the Code, thus indication of the intent of the Congress to make the Code apply suppletory, necessary, with its duration, correlation and legal effects under its system of penalties- the suppletory effect of the Code to special law under this article cannot be invoked where there is legal or physical impossibility of or a prohibition in special law against such suppletory application- dolo is not required in crimes punished by a special statute

- absolutory circumstances: instigation due to public policy spontaneous desistance in the attempted stage unless the over act committed constitutes another crime attempted/frustrated light felonies except those against persons or property accessories in light felonies accessories relative other then profiting in the crime death/physical injuries under extra-ordinary circumstance certain relatives in theft, estafa and malicious mischief somnambulism (sleep walking) mistake of fact total repeal of penal law

- entrapment is the employment of ways and means for the purpose of trapping or capturing a lawbreaker, the idea to commit originates in the minds of the instigator and the accused is lured into the commission of the offense charged in order to prosecute him- instigation is an absolutory circumstance akin to an exempting circumstance; doesn't have an intention to commit a crime

Justifying Circumstances and Circumstances which Exempt from Criminal Liability

Article 11 - Justifying Circumstances - are those where the acts of the actors are in accordance with the law and hence he incurs no criminal liability- it affects the act, not the actor- the act is considered to have been done within the bounds of law; hence, legitimate and lawful in the eyes of the law- since the act is considered lawful, there is no crime- since there is no crime, there is no criminal liability- the effect of invoking self-defense is to place the burden in the accused to prove to the satisfaction of the court the fact of legitimate defense because thereby he admits the act complained

* self-defense : unlawful aggression – the primordial requisite which must be present at all times

- must be actual, sudden, unexpected attack or imminent danger thereof, and not merely a threatening or intimidating attitude- must be real or at least imminent; means an attack of physical force- when the aggression no longer exists, there is no need for self-defense

reasonable necessity of the means employed – depends upon the circumstances surrounding the aggression, the state of mindof the aggressor and the available weapon at the defender’s disposal- there is no reasonable necessity of the means of defense when the unlawful aggression has already ceased- does not imply commensurability between the means of attack and defense- “stand ground when in the right” is the rule which applies when the aggressor is armed with a weapon and is especially more liberal if the person attacked is a peace officer in the performance of his duty, this rule has superseded the rule “retreat to the wall” which makes it a duty of a person

lack of sufficient provocation on the part of the person defending himself – on the part of the person defending himself shows that there may have been provocation but it should not be sufficient and it must not immediately precede the act- it is not enough that the provocative act be unreasonable or annoying

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- in defense of one’s chastity, there must be imminent and immediate danger of rape to justify the killing; if it were only acts of lasciviousness, the killing is unreasonable means- slander may be means to repel slander, but it must not be more than needed to defend himself from the defamatory remarks- in defense of property, killing is not justified, there must be in addition the necessity to save another life

* defense of relatives : unlawful aggression reasonable necessity of the means employed in case the provocation was given by the person attacked, the person defending had no part therein

* defense of strangers : unlawful aggression reasonable necessity of the means employed to prevent or repel it the person defending is not induced by revenge, resentment or other evil motives(beyond 4th degrees of consanguinity is a defense for strangers)

- if all requisites are present justifying circumstance- if 2 requisites, unlawful aggression plus another privileged mitigating circumstance- if 1 requisite only, which must be unlawful aggression ordinary mitigating circumstance

* avoidance of greater or evil or injury : that the evil sought to be avoided actually exists that the injury feared be greater than that done to avoid it that there be no other practical and less harmful means of preventing it

* fulfillment of duty or lawful exercise of right or office : that the accused acted in the performance of a duty or in the lawful exercise of a right or office that the injury cause or the offense committed be the necessary consequence of such right or office

* obedience to an order issued for some lawful purpose : an order has been issued by a superior such order must be for some lawful purpose the means used by the subordinate to carry out said order is lawful

Article 12 – Exempting Circumstances (or the circumstances for non-imputability)- are those grounds for exemption from punishment, because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent

- the exemption from punishment is based on the complete absence of: intelligence freedom of action intent absence of negligence on the part of the accused

- it affects the actor, not the act- the act complained of is actually wrongful, but the actor is not liable- since the act complained if is actually wrong, there is a crime; but the actor acted without voluntariness, there is no dolo nor culpa- since there is a crime committed though there is no criminal, there is civil liability

* imbecility or insanity – exists when there is a complete deprivation of intelligence freedom of the will- Art. 79 refers to insanity after the commission of the crime;- Art. 12 refers to insanity at the very moment the crime is being committed- where an imbecile or insane person has committed a felony, the court shall order his confinement in one of the hospitals or asylums, and he shall not be permitted to leave without the permission of the court and Director of Health

- imbecile - is exempt in all cases from criminal liability- who while advanced in age, has a mental development comparable to that of children between 2 & 7 years of age- is a defense pertains to the mental condition of a person- there is also a test of cognition and volition

- insane - is not so exempt if it can be shown that he acted during a lucid interval

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(during lucid interval, the insane acts with intelligence)- it exists when there is a complete deprivation of intelligence while committing the act- insanity meaning section 1039 of the Administrative code

* schizophrenia (formerly called dementia praecox)- chronic mental disorder characterized by inability to distinguish between fantasy and reality- often accompanied by hallucinations and delusions- recognizable through odd and bizarre behavior apparent in aloofness or periods of impulsive destructiveness and immature and exaggerated emotionality- suffers from a feeling of rejection and an intolerable lack of self-respect- not considered as exempting circumstance

* kleptomania- neurotic impulse to steal

* epilepsy- a chronic nervous disease characterized by fits, occurring at intervals, attended by compulsive motions of the muscles and loss of consciousness

* feeblemindedness- it is not imbecility because the offender would distinguish right from wrong- weakness; ineffectiveness

* pedophilia- a sexual disorder wherein the subject has strong, recurrent and uncontrollable sexual and physical fantasies about children which he tries to fulfill, especially when there are no people around

* amnesia- sudden loss of memory- it is no defense to a criminal charge unless it is shown by competent proof that the accused did not know the nature and quality of his action and that it was wrong

- other cases of lack of intelligence:* while in a dream/somnambulism* while suffering from malignant malaria

- 2 tests of insanity: test of cognition – complete deprivation of intelligence in committing the criminal act test of volition – total deprivation of the freedom of the will

* a person under 9 years of age - is absolutely and conclusively presumed to be incapable of committing a crime- amended by R.A. 9344 or “Juvenile Justice and Welfare Act of 2006”, raised the age of absolute irresponsibility from 9 to 15

* person over 9 years of age and under 15, acting without discernment- intent – desired act of a person

- discernment – mental capacity to fully appreciate the consequences of an unlawful act- moral significance that a person ascribes to the said act- may be shown by:

manner of committing a crime conduct of the offender

- repealed by R.A. 9344:- a child 15 years of age or under no criminal liability; subject to an intervention program- a child 15 to 18 years no criminal liability; subject to intervention program

unless acted with discernment, shall be subject to appropriate proceedings

- exemption from criminal liability does not exclude exemption from civil liability

- 4 parts of a life of a human being: age of absolute irresponsibility – 9 years and below (infancy)

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age of conditional responsibility – between 9 and 15 age of full responsibility – 18 or over (adolescence) to 70 (maturity) age of mitigated responsibility – 9 to under 15 acting with discernment;

- 15 or over, but less than 18- over 70 years of age

- minors who are exempt from criminal liability: 9 years or under – absolute irresponsibility (conclusive presumption) 9 to 15 years – absolute irresponsibility (conclusive presumption) below 18 to over 15 years – conditional responsibility, acted without discernment (disputable presumption under 18 years – absolute irresponsibility in the following cases: vagrancy and prostitution

* a person who, while performing a lawful act with due care, causes injury by mere accident without fault or intention causing it

- elements: a person is performing an unlawful act with due care he causes injury to another by mere accident without fault or intention of causing it

* accident – something that happens outside the sway of our will, and although it comes about through some act of our will,lies beyond the bounds of humanly foreseeable consequences- an occurrence that happens outside the sway of our will and although it comes about through some act of our will, lies beyond the bounds of human foreseeable consequences

* negligence - the omission to do something which a reasonable man, guided by those consideration which ordinarily regulatethe conduct of human affairs, or the doing of something which a prudent and reasonable man would not do.

* In case of accident, actor must not leave the victim so that he will not be held liable for abandonment under Art. 275 of RPC.

*a person who acts under compulsion of a irresistible force

- elements: compulsion is by means of physical force physical force must be irresistible physical force must come from a third person

* a person who acts under the impulse or uncontrollable fear of an equal or greater injury- compulsion is by means of intimidation or threat, not force or violence- duress as a valid defense should be based on real, imminent, or reasonable fear for one’s life or limb and should not be speculative, fanciful or remote fear* actus me invito factus non est meus actus – an act done by me which is against my will is not my act

- elements: the threat which causes the fear is of an evil greater than, or at least equal to, that which he is required to commit that it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it

* irresistible force – uses violence or physical force to compel another person to commit a crime* uncontrollable fear – employs intimidation or threat in compelling another to commit a crime

* a person who fails to perform an act required by law, when prevented by some lawful or insuperable cause

- elements: that an act is required by law to be done that a person fails to perform such act that his failure to perform such act was due to some lawful or insuperable cause

- absolutory causes – the act committed is a crime but for reasons of public policy and sentiment, there is no penalty imposed

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* Basis:Exempting Circumstances Basis

1. imbecility or insanity complete absence of intelligence2. person 9 years under complete absence of intelligence3. person over 9 years and under 15 complete absence of intelligence4. mere accident lack of intelligence or intent5. irresistible force complete absence of freedom6. uncontrollable fear complete absence of freedom7. prevented by insuperable cause acts without intent

Circumstances which Mitigate Criminal Liability

Article 13 – Mitigating Circumstances – are those which, if present in the commission of the crime, do not entirely free the actor from criminal liability, but serve only to reduce the penalty- outside of Art. 13 are extenuating circumstances; such as concealment of dishonor on the part of the mother in infanticide which have the effect of reducing the penalty

- the exemption from punishment is based on the diminution of: freedom of action intelligence intent lesser perversity of the offender

- classes of mitigating circumstances:

Ordinary PrivilegedAs to effect: If not offset, it will operate to reduce the penalty to the

minimum period, provided the penalty is a divisible one.It operates to reduce the penalty by 1 to 2 degrees depending upon what the law provides.

As to offset: May be offset by generic aggravating circumstance. Cannot be offset by any kind of aggravating circumstance.Where found: Subsections 1 to 10 of Art. 13, RPC. Arts. 68, 69 and 64 of the RPC.

~ prision mayor 6-12 yrs. max: 10 yrs. 1 day to 12 yrs. med: 8 yrs. 1 day to 10 yrs. min: 6 yrs. 1 day to 8 yrs.

~ prision correccional 6 mos. 1 day to 6 yrs. max: 4 yrs. 2 mos. 1 day to 6 yrs. med: 2 yrs. 4 mos. 1 day to 4 yrs. 2 mos. min: 6 mos. 1 day to 2 yrs. 4 mos.

~ arresto mayor max: 4 mos. to 6 mos. med: 2 mos. to 4 mos. min: 1 mo. to 2 mos.

* incomplete justifying or exempting circumstance

- when all the requisites necessary to justify the act are not attendant: incomplete self-defense, defense of relatives, and defense of stranger

(unlawful aggression must be present) incomplete justifying circumstance of avoidance of greater evil or injury incomplete justifying circumstance of performance of duty incomplete justifying circumstance of obedience to an order

- when all the requisites necessary to exempt from criminal liability are not attendant: incomplete exempting circumstance of minority over 9 and under 15 years of age incomplete exempting circumstance of accident incomplete exempting circumstance of incontrollable fear

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* under 18 or over 70 years old

- legal effects of various ages of the offender: age of absolute irresponsibility – under 9 years of age, an exempting circumstance age of mitigated responsibility – over 9 & under 15 years, acting w/o discernment is also an exempting circumstance minor delinquent – under 18 years of age, the sentence may be suspended under 18 years of age, privileged mitigating circumstance age of full responsibility – 18 years or over, full criminal responsibility age of mitigated responsibility – 70 years or over, mitigating circumstance, no imposition of death penalty, execution

of death sentence if already imposed is suspended and commuted

~ minority is always a privileged mitigating circumstance

- Section 38 of R.A. 9344 (Automatic Suspension of Sentence)- Section 39 of R.A. 9344 (Discharge of the Child in Conflict with the Law)- Section 40 of R.A. 9344 (Return of the Child in Conflict with the Law to Court)- Section 42 of R.A. 9344 (Probation as an Alternative to Imprisonment)

* probation is only availed once, and it should be a first time offender

~ senility is only an ordinary mitigating circumstance except when the penalty imposable is death in which case it shall be reduced to reclusion pursuant to Art. 83

* no intention to commit so grave a wrong- if the offender had no intention to commit so grave a wrong as that committed, he is entitled to a mitigating circumstance. This can be taken into account only when the facts proven show that there is a notable and evident disproportion between the means employed to execute the criminal act and its consequences- this is not applicable to culpable felonies

* sufficient provocation or threat- provocation – any unjust or improper conduct or act of the offended party, capable of exciting, inciting, or irritating anyone

- requisites: the provocation must be sufficient it must originate from the offended party the provocation must be immediate (no lapse of time between the provocation and the commission of the offense) to

the commission of the crime by the person who is provoked* The threat should not be offensive and positively strong. Otherwise, the threat to inflict real injury is an unlawful aggression, which may give rise to self-defense.

* vindication of grave offense- grave offense must be directed to the accused; “offense” need not be a crime

- requisites: that there be a grave offense done to the one committing the felony, his spouse, ascendants, descendants, legitimate,

natural or adopted brothers or sisters, or relatives by affinity within the same degrees that the felony is committed in vindication of such grave offense

* Immediate vindication means proximate. A lapse of time is allowed bet. the vindication and the doing of the grave offense.

Provocation Vindication1. It is made directly only to the person committing the felony. 1. The grave offense may be committed also against the offender’s

relatives mentioned by law.2. The cause that brought about the provocation need not be a grave offense.

2. The offended party must have done a grave offense to the offender of his relatives mentioned by law.

3. It is necessary that the provocation or threat immediately preceded the act.

3. The vindication of the grave offense may be proximate, which admits of an interval of time.

* Vindication of a grave offense and passion or obfuscation cannot be counted separately and independently.

* passion or obfuscation- it is necessary that it arouse from lawful sentiments

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- there must be an unlawful act and sufficient to excite passion or obfuscation on the accused- it is mitigating because there are causes naturally producing in a person powerful excitement, he loses his reason and self-control, thereby diminishing the exercise of his will power

- requisites: the accused acted upon an impulse the impulse must be so powerful that it naturally produced passion or obfuscation in him

- requisites of the mitigating circumstance of passion or obfuscation: that there be an act, both unlawful and that said act which produced the obfuscation was not far removed from the commission of the crime by a

considerable length of time, during which the perpetrator might recover his normal equanimity

- reason: When there are causes, naturally producing in a person powerful excitement, he loses his reason and self-control, thereby diminishing the exercise of his will power.

- exceptions: if the act is committed in the spirit of lawlessness if the act is committed in the spirit of revenge

- exercise of a right or fulfillment of duty is not a proper source of passion or obfuscation- no passion or obfuscation after 24 hours, several hours, or half an hour- the defense must prove that the act which produced passion or obfuscation took place at a time not far removed from the commission of the crime- the crime committed must be the result of a sudden impulse of natural and uncontrollable fury

Passion or Obfuscation Irresistible Force1. A mitigating circumstance. 1. An exempting circumstance.2. Cannot give rise to an irresistible force. 2. Requires physical force.3. Is in the offender himself. 3. Must come from a third person.4. Must arise from lawful sentiments. 4. Unlawful.

Passion or Obfuscation Provocation1. Is produced by an impulse which may be caused by provocation. 1. Comes from the injured party.2. The offense which engenders perturbation of mind need not be immediate. 2. Must immediately precede the commission of the crime.

3. In both, the effect is the loss of reason and self-control on the part of the offender.

* surrender and confession of guilt- merely reporting the incident without surrendering one’s self is not a mitigating circumstance- surrender must be by reason of commission of the crime for which defendant is prosecuted- surrender of weapons cannot be equated with voluntary surrender- surrender through an intermediary is appreciated as mitigating- intent to surrender, without actually surrendering, is not mitigating- if the surrender is induced by fear (e.g. retaliation of victim’s relatives), is not a voluntary - extrajudicial confession is not mitigating because it is not made in court

- 2 mitigating circumstances provided: voluntary surrender to a person in authority or his agents voluntary confession of guilt before the court, prior to the presentation of evidence for the prosecution

- requisites of voluntary surrender: that the offender had not been actually arrested that the offender surrendered himself to a person in authority or to the latter’s agent that the surrender was voluntary

* when surrender voluntary a surrender to be voluntary must be spontaneous, showing the intent of the accused to submit himself unconditionally to the authorities, either because:

he acknowledges his guilt he wishes to save them the trouble and expense necessarily incurred in his search and capture

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- requisites of voluntary plea of guilt: that the offender spontaneously confessed his guilt that the confession of guilt was made in open court, that is, before the competent court that is to try the case (judicial

confession) that the confession of guilt was made prior to the presentation of evidence for the prosecution

* physical defect of the offender

- physical defect – being armless, cripple, or a stutterer, whereby his means to act, to defend himself, or to communicate with his fellow human beings, is limited; physical defect has some relation to the crime committed by him

- this paragraph does not distinguish between educated and non-educated deaf-mute or blind persons

* illness of the offender

- requisites: that the illness of the offender diminishes the exercise of his will power that such illness should not deprive the offender of consciousness of his acts

- this only refers to diseases of pathological state that trouble the conscience or will- illness of mind is included; diseased mind not amounting to insanity

* similar and analogous circumstances- authorizes the court to consider in favor of the accused “any other circumstance of a similar nature and analogous to those mentioned” in par. 1 to 9 of Article 13

Examples:Similar and Analogous Circumstances Mitigating Not Mitigating

* over 60 years old with a failing sight – similar to over 70 * killing the wrong man* outraged feeling – vindication, passion or obfuscation * not resisting arrest* impulse of jealous feeling – passion or obfuscation * condition of running amuck (violently or uncontrollably)* Battered Wife Syndrome – diminishes exercise of will power* esprit de corps – passion or obfuscation* voluntary restitution of property – voluntary surrender* extreme poverty and necessity – incomplete justification* testifying for prosecution – plea of guilty

* Basis:Mitigating Circumstances Basis

1. incomplete justifying or exempting circumstances2. under 8 or over 70 years old diminution of intelligence3. no intention to commit so grave a wrong diminution of intent4. provocation or threat diminution of intelligence and intent5. vindication of grave offense diminution of the conditions of voluntariness6. passion or obfuscation diminution of intelligence and intent7. surrender and confession of guilt lesser perversity of the offender8. physical defect diminution of freedom of action9. illness of the offender diminution of intelligence and intent10. similar and analogous circumstance

Circumstances which Aggravate Criminal Liability

Article 14 – Aggravating Circumstances – are those which if the attendant in the commission of the crime, serve to increase the penalty without,however, exceeding the maximum of the penalty provided by the law for the offense; based on the greater perversity of the offender

- manifested by: the motivating power itself the place of the commission the means and ways employed

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the time the personal circumstances of the offender, or of the offended party

- 4 kinds of aggravating circumstances: generic generally apply to all crimes/felonies; imposed in the maximum period specific/special apply only to particular crimes; they do not change the character of the offense charged qualifying change the nature of the crime inherent must of necessity accompany the commission of the crime

Generic Aggravating Circumstance Qualifying Aggravating Circumstance1. Its effect is to increase the penalty, which should be imposed upon the accused without exceeding the limit prescribed by law. It does not change the crime.

1. It does not only give the crime its proper name, but also places the author thereof in such a situation as to deserve no other penalty than that specially prescribed by law for said crime.

2. It may be offset/compensated by a mitigating circumstance. 2. It cannot be offset by a generic/ordinary mitigating circumstance.3. It does not need to be alleged. 3. It must be alleged in the information.

* with the Revised Rules on Criminal Procedure, the information must specify the qualifying and aggravating circumstance* any aggravating circumstance must be alleged in the information (new rule)* with qualifying aggravating circumstances, must be proved beyond reasonable doubt, bec. it changes the nature of the crime* where one of the aggravating circumstance has been used as a qualifying circumstance, the other will be deemed as generic* conspiracy cannot per se qualify the crime committed

- modifications in the application of some aggravating circumstances: ACs which do not have the effect of increasing the penalty:

o which in themselves constitute a crime specially punishable by lawo which are included by the law in defining a crime and prescribing the penalty therefore

ACs which are personal to the offender:(shall only serve to aggravate the liability of those whom such circumstances are attendant)

o arise from moral attributes of the offendero arise from his private relations with the offended partyo arise from any other personal cause

ACs which depend their application upon the knowledge of the offenders:(shall serve to aggravate the liability of those persons only who had knowledge of them)

o consist in the material execution of the acto consist in the means employed to accomplish it

When in the commission of the crime, advantage was taken by the offender of his public position, or when the offense was committed by a person who belongs to a syndicated crime group, the maximum penalty shall be imposed regardless of mitigating circumstances.

* advantage taken of public position

- test: Did the accused abuse his office in order to commit the crime?

- this circumstance not applied in: falsification of document committed by public officers under Art. 171 accessories under Art. 19(3) crimes committed by public officers (found in Arts. 204-245)

* contempt or insult to public authorities- public authority – person in authority; public officer who is directly vested with jurisdiction, that is, a public officer who has the power to govern and execute the laws

- requisites: that the public authority is engaged in the discharge/exercise of his functions/duties that he who is thus engaged in the exercise of said functions is not the person against whom the crime is committed the offender knows him to be a public authority his presence has not prevented the offender from committing the criminal act

* knowledge that a public authority is present is essential

- not applicable when crime is committed in the presence of an agent only- knowledge of the offender that a public authority is present, is essential

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* disregard of rank, age, or sex of offended party; or commission in the dwelling of the offended party

- if the 4 circumstances enumerated in this paragraph are present, they have the weight of only 1 aggravating circumstance- act be committed w/ insult or in disregard of the respect due the offended party on the account of the:

rank of the offended party; there must be a difference in the social condition of the offender and the offended party age of the offended party; applies to cases where the victim is of tender age as well as of old age sex of the offended party; this refers to the female sex, not to the male sex

* this circumstance is applicable only in crimes against persons or honor

- not applicable in certain cases: (disregard of rank, age or sex) when the offender acted with passion or obfuscation when there exists relationship between the offended party and the offender when the condition of a woman is indispensable on the commission of the crime; thus in parricide, abduction,

seduction and rape in Art. 266-A(1), sex is not aggravating

* dwelling (morada) – must be a building or structure, exclusively used for rest and comfort- includes dependencies, staircases and enclosures under the house

- what aggravates the commission of the crime in one’s dwelling: the abuse of confidence which the offended party reposed in the offender by opening the door to him; or the violation of the sanctity of the home by trespassing therein with violence or against the will of the owner

- meaning of provocation in the aggravating circumstance of dwelling, must be: given by the owner of the dwelling, sufficient, and immediate to the commission of the crime

* if all conditions are present not an aggravating circumstance* if any of the conditions is not present an aggravating circumstance

* abuse of confidence; or obvious ungratefulness

-requisites of abuse of confidence: that the offended party had trusted the offender that the offender abused such trust by committing a crime against the offended party that the abuse of confidence facilitated the commission of the crime

- requisites of obvious ungratefulness: that the offended party had trusted the offender that the offender abused such trust by committing a crime against the offended party that the act be committed with obvious ungratefulness

* the confidence between the offender and the offended party must be immediate and personal

* places of commission

- places: Palace of the Chief Executive in the presence of the Chief Executive where public officers are engaged in the discharge of their duties place dedicated to religious worship

Par. 2 – Contempt or Insult to Public Authorities Par. 5 – Place where Public Authorities are engaged in the discharge of their duties

1. The public authorities are performing their duties outside of their office.

1. The public authorities, who are in the performance of their duties, must be in their office.

2. The public authority should not be the offended party. 2. The public authority may be the offended party.

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* nighttime; uninhabited place; or band

- it is aggravating: when it facilitated the commission of the crime; or when it was especially sought for by the offender to insure the commission of the crime or for the purpose of

impunity; or when the offender took advantage thereof for the purpose of impunity

- for the purpose of impunity – means to prevent his being recognized, or to secure himself against detection and punishment

- nighttime – is the period of darkness beginning at the end of dusk and ending at dawn

- an uninhabited place – is one where there are no houses at all a place at a considerable distance from town, or where the houses are scattered at a great distance from each other

- band – whenever more than 3 armed men malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band

- acted together – means direct part in the execution of the act constituting the crime

* on occasion of calamity or misfortune- the reason for the existence of this circumstance is found in the debased form of criminality met in one who, in the midst of a great calamity, instead of lending aid to the afflicted, adds to their great suffering by taking advantage of their misfortune to despoil them

* aid of armed men, etc.

- requisites: that armed men of persons took part in the commission of the crime, directly or indirectly that the accused availed himself of their aid or relied upon them when the crime was committed

- exceptions: this aggravating circumstance shall not be considered when both the attacking party and the party attacked were

equally armed this aggravating circumstance is not present when the accused with him in the commission of the crime acted under

the same plan and for the same purpose* aid of armed men is absorbed by “employment by a band”

Band Armed Men1. requires more than 3 armed malefactors 1. at least 2 or no required number of malefactors2. they are all principals and have acted together in the commission of an offense

2. actual aid is not necessary, sufficient even if offenders merely relied on the aid of the armed men

* recidivist

- requisites: that the offender is on trial for an offense that he was previously convicted by final judgment of another crime that both the 1st and 2nd offenses are embraced in the same title of the Code that the offender is convicted of the new offense

* No recidivism if the subsequent conviction is for an offense committed before the offense involved in the prior conviction.

* reiteracion or habituality

- requisites: that the accused is on trial for an offense that he previously served sentence for another offense to which the law attaches an equal or greater penalty, or for 2

or more crimes to which it attaches lighter penalty than that for the new offense the he is convicted of the new offense

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Recidivism Reiteracion1. It is enough that a final judgment has been rendered on the first offense.

1. It is necessary that the offender shall have served out this sentence for the first offense.

2. Recidivism requires that the offenses be included in the same title of the Code.

2. The previous and subsequent offenses must not be embraced in the same title of the Code.

3. There is no requirement as to penalty. Only previous conviction, final judgment.

3. The prior crime must have been imposed with a penalty equal or greater than the 2nd crime.

- forms of repetition/habituality: recidivism - Art. 14(9) reiteracion – Art. 14(10) multi-recidivism or habitual delinquency – Art. 62(5)

merely increases the penalty for the offense committed within a period of 10 years, last convicted of falsification (against interest), robbery (against property), estafa (against property), theft (against property), serious or less physical injuries (against persons), he is found guilty of said crime a 3rd time or oftener there must be 3 convictions within 10 years of the covered crimes

quasi-recidivism – Art. 160 which may not be offset by an ordinary mitigating circumstance has been previously convicted by final judgment and before beginning to serve such sentence or while serving the same committed a felony, shall be punished by the maximum period of the penalty prescribed by law for the new felony

- “final judgment” means executory, that is: 15 days have elapsed from its promulgation without the convict appealing the conviction offender started serving sentence he expressly waive his right to appeal he applied for probation

* price, reward, or promise

- when this aggravating circumstance is present, there must be 2 or more principals; the one who gives and offers the price or promise and the one who accepts it- “offeror” is the principal by inducement; “acceptor” is the principal by direct participation- the evidence must show that one of the accused used money or other valuable consideration for the purpose of inducing another to perform the deed- when this aggravating circumstance is present, it affects not only the person who received the price or reward, but also the person who gave it

* by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin

- any of the circumstances in paragraph 12 cannot be considered to increase the penalty or to change the nature of the offense unless used by the offender as a means to accomplish a criminal purpose

Par. 12 (by means of inundation, fire, etc.) Par. 7 (on occasion of calamity or misfortune)Under par. 12, the crime is committed by means of any such acts involving great waste and ruin.

Under par. 7, the crime is committed on the occasion of a calamity or misfortune.

* evident premeditation- the essence of premeditation is that the execution of the 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

- requisites: proof of time when the offender determined to commit the crime an act manifestly indicating that the culprit has clung to his determination; and a sufficient lapse of time between the 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

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* craft, fraud, or disguise

- craft – involves the use intellectual trickery, chicanery, or cunning resorted to be the accused to carry out his evil design- fraud – involves the use of insidious words and machination, used to induce the victim to act in a manner, which would enable the offender to carry out his design- disguise – involves resort to any device in order to conceal identity

- when there is direct inducement by insidious words of machinations, fraud is present; otherwise, the act of the accused done in order not to arouse the suspicion of the victim constitutes craft- craft, fraud or disguise may be absorbed by treachery

* superior strength; or means to weaken defense

- superior strength – to take advantage of superior strength means to use purposely or intentionally employing excessive forceout of proportion to the means of defense available to the person attacked; there must be notorious inequality offorces between the victim and the aggressor- the aggravating circumstance of abuse of superior strength depends on the age, size and strength of the parties

- means to weaken the defense – the offender employs means to materially weaken the resisting power of the offended party

* treachery- there is treachery when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might take

- requisites: that at the time of the attack, the victim was not in a position to defend himself that the offender consciously adopted the particular means, method or form of the attack employed by him

* Killing a child is characterized by treachery, because the weakness of the victim due to his tender age results in the absence of any danger to the accused.

- rules on treachery: applicable only to crimes against persons means, methods, or forms need not insure accomplishment of crime the mode of attack must be consciously adopted must be present at the proper time treachery absorbs abuse of superior strength, aid of armed men, by a band and means to weaken defense

- summary of rules when treachery is present: when the aggression is continuous, treachery must be present in the beginning of the assault when the assault was not continuous in that there was an interruption, it is sufficient that treachery was present at

the moment the fatal blow was given

* ignominy- a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime- it must tend to make the effects of the crime more humiliating or to put the offended party to shame

- where applicable: crimes against chastity less serious physical injuries light or grave coercion murder

* The Supreme Court considered ignominy in the crime of rape.

* unlawful entry- there is unlawful entry when an entrance is effected by a way not intended for the purpose- aggravating only in those cases where the offender resorted to breaking of wall, window, etc., as a means to enter the house- it must be a means to effect entrance and not for escape

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* by a wall, roof, floor, door or window be broken, etc.- to be considered as aggravating circumstance, breaking the door must be utilized as a means to the commission of the crime- the circumstance is aggravating only in those cases where the offender resorted to any of said means to enter the house; if broken to get out of the place, it is not an aggravating circumstance

* aid of minor (under 15 years); or by means of motor vehicles, airships or other similar means- the 1st paragraph tends to repress the frequent practice resorted to by professional criminals to avail themselves of minors taking advantage of their irresponsibility- the 2nd paragraph is intended to counteract the great facilities found by modern criminals in said means to commit the crime, and then flee and abscond once the same is committed

* cruelty- there is cruelty when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary physical pain in the consummation of the criminal act

- requisites: that the injury caused be deliberately increased by causing other wrong that the other wrong be unnecessary for the execution of the purpose of the offender

* ignominy involves moral suffering while cruelty refers to physical suffering

Alternative Circumstances

Article 15 – Alternative Circumstances – are those, which must be taken into consideration as aggravating or mitigating, according to the natureand effects of the crime and the other conditions attending its commission

- the alternative circumstances are:

Relationship the alternative circumstance of relationship shall be taken into consideration when the offended party is the ---o spouseo ascendanto descendanto legitimate, natural or adopted brother or sister, or relative by affinity in the same degree, of the offender

* The relationship of stepfather or stepmother and stepson or stepdaughter is included by analogy to that of ascendant and descendant.

* When mitigating and when aggravating: Mitigating: As a rule, relationship is mitigating in crimes against property, by analogy to Article 332 regarding “persons exempt from criminal liability”. Of course in view of Article 332, when the crime committed is: theft, estafa or malicious mischief, relationship is exempting, and not merely mitigating. Aggravating: It is aggravating in crimes against persons in cases where the offended is a relative of a

higher degree than the offender and the offender party are relatives of the same level.- It is aggravating even if the offended party is a descendant, if offense is physical injuries underArticle 263, except with regard to parents who inflict injuries to their children by reason of excessive chastisement.- In crimes against chastity, relationship is always aggravating, regardless of whether theoffender is a relative of a higher or lower degree of the offended party.

* However, relationship is neither mitigating nor aggravating, when relationship is an element of the offense.

Intoxication – by state of intoxication is meant that the offender’s mental faculties must be affected by drunkenness

* When mitigating and when aggravating: Mitigating, if intoxication is not habitual, or not subsequent to the plan to commit a felony. Aggravating, if intoxication is habitual, or if it is intentional (subsequent to the plan to commit a felony).

Degree of instruction and education of the offender- low degree of instruction and education or lack of it, is generally mitigating. High degree of instruction and education is aggravating, when the offender availed himself of his learning in committing the crime.- lack of instruction or low degree of it, is appreciated as mitigating circumstance in almost all crimes. Except in crimes, which are inherently wrong, of which every rational being is endowed to know and feel.

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PERSONS CRIMINALLY LIABLE FOR FELONIES

Article 16 – who are criminally liable for grave felonies: principals accomplices accessories

- who are criminally liable for light felonies: principals accomplices

* “persons” as criminally liable to natural persons only- accessories are not liable for light felonies because it its commission, the social wrong as well as the individual prejudice is so small that the penal sanction is deemed not necessary for accessories- when light felonies are committed against persons or property, they are punishable even if they are only in the attempted or frustrated stage of execution

- 2 parties: active subject criminal passive subject the injured party

- only natural persons can be the active subject of the crime- officers, not the corporation, are criminally liable (in cases of the exercise of his duties)- juridical persons (like corporations) are criminally liable under certain special laws, under Corporation Law, Public Service Law, Securities Law and Election Code- a director or other officer is criminally liable for his acts in his official capacity if he participated in the unlawful act, but is not liable criminally for the corporate acts performed by other officers or agents thereof- the manager of the partnership is criminally liable, even in the absence of evidence regarding his direct participation in the commission of the offense- the dead and the animals have no rights that may be injured; but the crime of defamation may be committed if the imputation tends to blacken the memory of one who is dead

Article 17 – principals: principals by direct participation principals by induction principals by indispensable cooperation

- Conspiracy by prior agreement, the principal by direct participation who does not appear at the scene of the crime is not liable.- The inducer may be a principal, an accomplice or without liability at all.- He is a principal if his inducement has been obeyed and his utterances must be of such nature and made in such manner as to become the determining cause of the crime- when 2 or more persons participating in the crime, it is necessary to determine the participation of each- principal under Article 17 is liable and limited to his own acts; a co-conspirator who is also a principal is liable and includes the act of his fellow conspirators * Principal by direct participation are those who materially execute the crime. They must appear at the scene of the crime and performs acts necessary in accomplishing the crime.

- requisites when 2 or more offenders act as principals by direct participation: participated in the criminal resolution (they were in conspiracy) carried out their plan and personally took part in is execution by acts which directly tended to the same end

- formal agreement or previous acquaintance among several persons not necessary in conspiracy- conspiracy must be established by positive and conclusive evidence- when there is no conspiracy, each of the offenders is liable only for the act performed by him- conspiracy is implied when the accused had a common purpose and were united in its execution

- unity of purpose and intention in the commission of the crime is shown in the following cases: spontaneous agreement at the moment of the commission of the crime is sufficient to create joint responsibility active cooperation by all the offender in the perpetration of the crime will also create joint responsibility contributing by positive acts to the realization of a common criminal intent also creates joint responsibility

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presence during the commission of the crime by a band and lending moral support thereto, also create joint responsibility with the material executors

where one of the accused knew of the plan of others to kill the victims and he accepted the role assigned to him

- a person in conspiracy with other, who had desisted before the crime was committed by the other, is not criminally liable- when there is conspiracy, it is not necessary to ascertain the specific act of each conspirator

* Principal by inducement (or mastermind) are liable even if they did not appear at the scene of the crime because the crime would not have been committed without the inducement and because they induce others to commit the crime so they do not have to appear in the scene of the crime.

* Mere careless comment made by one who does not dominance or moral ascendancy over the offender will not make him a principal by inducement. Where the words uttered did not influence the offenders, the inducer is generally liable as accomplice because the law favors a lesser penalty.

* Article 17 provides that the principals are those who directly force or induce others to commit an offense. One is induced to commit a crime either by command (precepto) or consideration (facto) or by any other similar acts.

- 2 ways of becoming a principal by inducement: by directly forcing another to commit a crime

o by using irresistible forceo by causing uncontrollable fear

by directly inducing another to commit a crimeo by giving price, or offering reward or promiseo by using words of command

- requisites (principal by inducement): that the inducement be made directly with the intention of procuring the commission of the crime that such inducement be the determining cause of the commission of the crime by the material executor

- requisites (using words of command to be held liable as principal): that the one uttering the words of command must have the intention of procuring the commission of the crime that the one who made the command must have an ascendancy or influence over the person who acted that the words used must be so direct, so efficacious, so powerful as to amount to physical or moral coercion the words of command must be uttered prior to the commission of the crime the material executor of the crime has no personal reason to commit the crime

- there is collective criminal responsibility when words of inducement were used- one who planned the crime committed by another is a principal by inducement

Principal by Inducement Proposal* there is an inducement to commit the crime

* becomes liable only when the crime is committed by the principal by direct participation

* becomes punishable only in treason or rebellion

* involves any crime * involves only in treason or rebellion

- effects of acquittal of principal by inducement by direct participation upon the liability of principal by inducement: conspiracy is negated by the acquittal of co-defendant 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

* Principal by indispensable cooperation there must be direct participation in the criminal design by another act without which the crime would not have been committed

may be a co-conspirator under the same doctrine of implied conspiracy

* The act must be of such importance that the crime could not have been committed without him or that he participated therein. Otherwise, he cannot be considered a principal by indispensable cooperation.

- “cooperate” means to desire or wish in a common thing

- requisites:

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participation in the criminal resolution (there must be a conspiracy) cooperation in the commission of the offense by performing another act (cooperation must be indispensable)

- Collective criminal responsibility: by direct participation have collective criminal responsibility by inducement there is; except, that who directly forced another to commit a crime by indispensable cooperation has collective criminal responsibility w/ principal by direct participation

Article 18 - accomplices those who are not principals but cooperate in the execution of the offense by previous or simultaneous act (before thefact); not being included in Art. 17; cooperate in the execution of the execution of the offense by previous or simultaneous acts- conspiracy is not a requirement- supplies material or moral aid to the principal in an efficacious way- he knows the criminal design of the principal and he cooperates knowingly or intentionally in a manner in which is not indispensable to the commission of the crime- there is so-called quasi-collective criminal responsibility where some of the offenders in the crime are principals and the others are accomplices- in case of doubt, the participation of the offender will be considered that of an accomplice rather than that of the principal- when the participation of an accused is not disclosed, he is only an accomplice

- requisites: there be a community of design he cooperates in the execution of the offense by previous or simultaneous acts there be a relation between the acts done by the principal and those attributed to the person charged as accomplice

Accomplices Conspirators* they know and agree with the criminal design

*come to know about it after the principals have reached the decision, and only then they do agree to cooperate in its execution

*know the criminal intention because they themselves have decided upon such course of action

* merely concur in it; do not decide whether the crime should be committed

* decide that a crime should be committed

* merely instruments * the authors of the crime

Article 19 – accessories: have the knowledge of the commission of the crime (after the fact) have not participated therein take part subsequent to its commission (accessory after the fact) in any of the following 3 manners:

o by profiting or assisting the offender profit from the effect of the crimeo by concealing or destroying the body of the crime (corpus delicti – actual commission of the crime) or effects or the

instruments thereof to prevent its discoveryo by harboring, concealing or assisting in the escape of the principal

in case of a public officer for any crime of he acts with abuse of public functions in case of private individuals when the author of the crime is guilty of treason, attempt on the life of the

Chief Executive, Murder, Parricide or is known to be habitually guilty of some other crime* Accessories may be liable as principals in another crime if his act or omission is also penalized in a special law. In crimes under special laws or crimes mala prohibita, the offenders generally penalized unless otherwise provided.

- mere possession of stolen property does not make the accused an accessory where the thief was already convicted- entertaining suspicion that a crime has been committed is not enough- knowledge of the commission of the crime may be acquired subsequent to the acquisition of stolen property- knowledge of the commission of the crime may ne established by circumstantial evidence

- 2 classes of accessories: 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 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 some other crime

Accomplice Accessory

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* before or during the commission of the crime * subsequent thereto* knows criminal design of the principal * knows the commission of the crime* provides material/moral aid in an efficacious way but not in manner indispensable to the offense * acts in 3 ways specified in art 19* no exemption from liability * some are exempted under art 20 of the code

- accessories by profiting: robbery or theft he knew the proceeds of robbery or theft, then he is a principal in the crime of fencing if he were not charged with fencing in another information, then he is liable only as an accessory of the principals in the crime

of robbery or theft brigandage and he profited from the loot, he should be charged with abetting brigandage – an accomplice of brigandage.

- accessories by concealing or destroying the body of the crime: the body of the crime or corpus delicti is the body or substance of the crime and in its primary sense refers to the fact that a crime has actually been committed. As applied to a particular offense, it means the actual commission by someone of the crime particular crime charged. otherwise stated, the elements are:

the proof of the occurrence of the certain event some person’s criminal responsibility

- assisting the principal to escape: the offender to be assisted must be a principal; assisting an accomplice is not included

Article 20 – accessories are exempt from criminal liability, when the principal is his/her: spouse ascendant descendant 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 the effects of the crime assisted the offender to profit by the effects of the crime

* because such acts are prompted not by affection but by a detestable greed

- nephew or niece not included among such relatives- only accessories under paragraphs 2 and 3 of Article 19 are exempt from criminal liability if they are related to the principals

PENALTIES

Penalties in General

Penalty – suffering that is inflicted by the State for the transgression of a law- signifies pain- it mean suffering undone

Different Juridical Conditions of Penalty: productive of suffering commensurate with the offense personal legal

certain equal for all correctional

3-fold purpose of the penalty under this Code: retribution or expiation – commensurate with the gravity of the offense correction or reformation – regulate the execution of the penalties consisting in deprivation of liberty social defense – inflexible severity to recidivists and habitual delinquents

Article 21 – penalties that may not be imposed --- are penalties not prescribed by law prior to its commission- can only be invoked when a person is being tried for an act or omission for which no penalty has been prescribed by law- this is not a penal provision

Article 22 – retroactive effect of penal laws takes place when they favor the person guilty of a felony, who is not a habitual criminal

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- this provision clearly has no direct application to the provisions of the RPC - general rule is to give criminal laws prospective effect- exception to give them retroactive effect when favorable to the accused

- exception applies to a law dealing with that of the penalty, for the length of time for prescription depends upon gravity of the offense- Art. 22, penal laws shall have retroactive effect insofar as they favor the person guilty of a felony is applicable even if the accused is already serving sentence

- the favorable retroactive effect of a new law may find the defendant in one of these 3 situations: the crime has been committed and prosecution begins sentence has been passed but service has not begun the sentence is being carried out

- not applicable to civil liability, because the rights of offended persons or innocent third parties are not within the gift of arbitrary disposal of the State- but a new law increasing the civil liability cannot be given retroactive effect- in order that a subsequent statute may be given retroactive effect, both laws must refer to same deed or omission, having the same end- retroactive effect has no application where the new law is expressly made inapplicable to pending actions or existing cause of action- rule are applicable even to special laws

Art. 366. Application of laws enacted prior to this Code Art. 22. Retroactive effect of penal lawsWithout prejudice to the provisions contained in Art. 22 of this Code, felonies and misdemeanors committed prior to the date of effectiveness of this Code shall be punished in accordance with the Code or Acts in force at the time of their commission.

Penal laws shall have retroactive effect insofar as they favor the person guilty of a felony who is not a habitual criminal, although at the time of publication of such laws a final sentence has been pronounced and the convict is serving the same.

- criminal liability under the former law is obliterated when the repeal is absolute (nor is there any saving clause)

- criminal liability under the repealed law subsists when: the provisions of a former law are reenacted; or repeal is by implication; or there is a saving clause

- no retroactive effect of penal laws as regards jurisdiction of court- the jurisdiction of a court to try a criminal action is to be determined by the law in force at the time of instituting the action, not at the time of the commission of the crime- jurisdiction of courts in criminal cases is determined by the allegations of the complaint or information

Article 23 – effect of pardon by the offended party does not extinguish the criminal action except as provided in Art. 344 of this Code; but civil liability with regard to the interest of the injured party is extinguished by his express waiver

- a pardon by the offended party does not extinguish criminal action- compromise does not extinguish criminal liability- renunciation of the right o prosecute an offense or waiving the criminal liability is void

- exception: the offended party in the crimes of adultery and concubinage cannot institute criminal prosecution, if he shall have consented or pardoned the offenders; (pardon here may be implied)- and in crimes of seduction, abduction, rape or acts of lasciviousness, there shall be no criminal prosecution if the offender has been expressly pardoned by the offended party, etc.; (pardon here must be express)

- pardon in Art. 344 must be made before institution of criminal prosecution- exception: the only act that extinguishes the penal action after the institution of criminal prosecution, is the marriage between the offender and the offended party

- 2 classes of injuries: social injury produced by disturbance and alarm which are the outcome of the offense

repaired through the imposition of the corresponding penalty; offended party cannot pardon the offender personal injury cause to the victim of the crime who suffered damage either to his person, property, honor or to her chastity

repaired through indemnity offended party may waive it, and the waiver must be express

Article 24 – measures of prevention or safety which are not considered penalties:

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arrest & temporary detention persons accused; reason of insanity/imbecility/illness requiring their confinement in a hospital commitment of a minor to any of the institutions (in Art. 80) suspension from the employment or public office during trial or in order to institute proceedings fines and other corrective measures superior officials may impose upon their subordinates deprivation of rights and reparations

- they are not penalties because they are not imposed as a result of judicial proceedings

Classification of Penalties

Article 25 – penalties which may be imposed:

PRINCIPAL PENALTIES – expressly imposed by the court(capital punishment)

o death (afflictive penalties)

o reclusion perpetuao reclusion temporalo perpetual or temporary absolute disqualificationo perpetual or temporary special disqualificationo prision mayor

(correctional penalties)o prision correccionalo arresto mayoro suspensiono destierro

(light penalties)o arresto menoro public censure

(penalties common to the 3 preceding classes)o fineo bond to keep the peace

ACCESSORY PENALTIES – deemed included in the imposition of the principal penaltieso perpetual or temporary absolute disqualificationo perpetual or temporary special disqualificationo suspension from public office, the right to vote and to be voted for, the profession or callingo civil interdictiono indemnificationo forfeiture or confiscation of instruments and proceeds of the offenseo payment of cost

- the penalties which may be imposed, according to this Code are those included in Art. 25 only

- reclusion perpetua – imprisonment for at least 30 years after which the convict become eligible for parole- lifetime imprisonment – does not appear to have any definite extent or duration

- R.A. No. 7569 – duration of reclusion perpetua is now from 20 years and 1 day to 40 years- R.A. No. 9346 – June 24, 2006, prohibited the imposition of death penalty

- principal penalties may be classified: according to their divisibility

o divisible – have fixed duration; divisible into 3 periodso indivisible – no fixed duration

death reclusion perpetua perpetual absolute or special disqualification public censure

according to subject-mattero corporal (death)

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o deprivation of freedom (reclusion, prision, arresto)o restriction of freedom (destierro)o deprivation of rights (disqualification and suspension)o pecuniary (fine)

according to their gravityo capitalo afflictiveo correctionalo light

- penalties that are either principal or accessory because they are formed on the 2 general classes: perpetual or temporary absolute disqualification perpetual or temporary special disqualification suspension

Article 26 – fine – when afflictive, correctional, or light penalty: (also relates to --- bond to keep the peace) afflictive penalty over 6,000 correctional penalty 200 to 6,000 light penalty less than 200

- fines are whether imposed as a single or as an alternative penalty- penalties cannot be imposed in the alternative

Duration and Effects of Penalties

Article 27 – duration of penalties: reclusion perpetua – 20 years and 1 day to 40 years reclusion temporal – 12 years and 1 day to 20 years prision mayor and temporary disqualification – 6 years and 1 day to 12 years prision correccional, suspension, destierro – 6 months and 1 day to 6 years arresto mayor – 1 month and 1 day to 6 months arresto menor – 1 day to 30 days bond to keep the peace – the period during w/c the bond shall be effective is discretionary on the court

- temporary disqualification and suspension, when imposed as accessory penalties, have different durations --- they follow the duration of the penalty

- destierro is imposed on the following cases: serious physical injuries or death under exceptional circumstances in case of failure to give bond for good behavior as a penalty for the concubine in concubinage in cases where after reducing the penalty by one or more degree, destierro is the proper penalty

- bond to keep peace is not specifically provided as a penalty for any felony and therefore cannot be imposed by the court

Article 28 – computation of penalties: when the offender is in prison the duration of temporary penalties is from the day on which the judgment of conviction

becomes final when the offender is not in prison the duration of the penalty consisting in deprivation of liberty, is from the day that the

offender is placed at the disposal of judicial authorities for the enforcement of the penalty duration of other penalties the duration is from the day on which the offender commences to serve his sentence

- examples of temporary penalties: temporary absolute disqualification temporary special disqualification suspension

- rules in cases of temporary penalties: if the offender is under detention, as when he is undergoing preventive imprisonment, Rule No. 1 applies if not under detention, because the offender has been released on bail, Rule No. 3 applies

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- examples of penalties consisting in deprivation of liberty: imprisonment destierro

- rules in cases of penalties consisting in deprivation of liberty: when the offender is not in prison, Rule No. 2 applies

- reason for rule no. 1 under Art. 24, arrest and temporary detention of the accused is not considered penalty

Article 29 – period of preventive imprisonment deducted from the term of imprisonment

- if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rule imposed upon convicted prisoners offenders who have gone preventive imprisonment shall be credited in the service of their sentence with the full time during which they have undergone preventive imprisonment

* except: when they are recidivists when upon being summoned for the execution of their sentence they have failed to surrender voluntarily

- if the detention prisoner does not agree he shall be credited in the service of his sentence with 4/5 of the time during which he has undergone preventive imprisonment

- the accused undergoes preventive imprisonment when the offense charged is nonbailable, or even if bailable, he cannot furnish the required bail

- accused shall be released immediately whenever he has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment for the offense charged- in case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after 30 days of preventive imprisonment

Article 30 – effects of the penalties of perpetual or temporary absolute disqualification: deprivation of public offices and employments, even if by election deprivation of right to vote or to be elected disqualification for the offices or public employments and for the exercise of any of the rights mentioned loss of right to retirement pay or pension for any office formerly held

- perpetual absolute disqualification effective during the lifetime of the convict and even after the service of the sentence- temporary absolute disqualification lasts during the term of the sentence, and is removed after the service of the same

except: (1) deprivation of the public office or employment; (2) loss of all rights to retirement pay or other pension for any office formerly held

Article 31 – effects of the penalties of perpetual or temporary special disqualification: deprivation of the office, employment, profession or calling affected disqualification for holding similar offices or employments perpetually or during the term of the sentence

Article 32 – effects of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage: deprivation of the right to vote or to be elected to any public office cannot hold any public office during the period of disqualification

Article 33 – effects of the penalties of suspension from any public office, profession, or calling, of the right of suffrage: disqualification from holding such office or exercising such profession/calling/right of suffrage during the term of the sentence if suspended from public office, offender cannot hold another office having similar functions during the period of suspension

Article 34 – effects of civil interdiction: deprivation of the rights of parental authority or guardianship of any ward deprivation of marital authority deprivation of right to manage his property and of right to dispose of such property by any act or any conveyance inter vivos

Article 35 – effects of bond to keep the peace: the offender must present 2 sufficient sureties who shall undertake that the offender will not commit the offense sought to be

prevented, and that in case such offense be committed they will pay the amount determined by the court; or the offender must deposit such amount with the clerk of court to guarantee said undertaking; or

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the offender may be detained, if he cannot give the bond, for a period not to exceed 6 months if prosecuted for grave or less grave felony, or for a period not to exceed 30 days, if for a light felony

- the bond to keep the peace (penalty in threats) is different from bail bond which is posted for the provisional release of a person arrested for or accused of a crime

Article 36 – effects of pardon: a pardon shall not restore the right to hold public office or the right of suffrage

o exception: when any or both such rights is or are expressly restored by the terms of the pardon it shall not exempt the culprit from the payment of the civil indemnity (no exceptions)

- limitations upon the exercise of pardoning power: can be exercised only after conviction does not extend to cases of impeachment

Article 37 – costs what are included: fees, and indemnities, in the course of judicial proceedings

- in cases of conviction costs which are expenses of litigation are chargeable to the accused only- in cases of acquittal costs de oficio, each party bearing his own expenses

- no costs shall be allowed against the RP, unless otherwise provided by law- payment of costs is upon the discretion of the courts

Article 38 – pecuniary liabilities of the offender: reparation of damage caused indemnification of consequential damages fine cost of the proceedings

- Art. 38 is applicable in case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities; hence, if the offender has sufficient property, there is no use for Art. 38

- courts cannot disregard the order of payment- there is reparation in the crime of rape when the dress of the woman was torn- fines and indemnities imposed upon either husband or wife may be enforced against the partnership assets after the responsibilities enumerated in Art. 161 of the Civil Code have been covered

Article 39 – rules governing subsidiary imprisonment: (1 day for each 8 pesos) penalty imposed in prision correccional or arresto mayor and fine

o subsidiary penalty not to exceed 1/3 of the term of sentencebut not continued longer than 1 year

o example: sentence is 6 years of prision correccional and fine of 4000 divide the no. of days of fine of 4000 by the rate of 8/day = 500 days 1/3 of 6 years is 2 years while the period of 500 days is less than 2 years, any of them will

penalty imposed is fine onlyo subsidiary imprisonment not to exceed 6 months (if the culprit is prosecuted for grave or less grave felonies)

not to exceed 15 days (if prosecuted for light felony) penalty imposed is higher then prision correccional

o no subsidiary imprisonment penalty imposed is not to be executed by confinement, but of fixed duration

o subsidiary penalty shall consist in deprivations as those of principal penalty (same rules as in nos. 1, 2 and 3 above) in case the financial circumstances of the convict suffered subsidiary he shall pay fine, notwithstanding the fact that the

convict suffered subsidiary personal liability therefore

- subsidiary penalty it is a subsidiary personal liability to be suffered by the convict who has no property with which to meet the fine, at the rate of 1 day for each 8 pesos

- the penalty imposed must be:

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prision correccional arresto mayor arresto menor suspension destierro fine only

- no subsidiary penalty for nonpayment of: reparation of the damage caused indemnification of the consequential damages costs of the proceedings

- no subsidiary penalty for the following cases: when the penalty imposed is higher than prision correccional failure to pay reparation of the damage caused, indemnification of the consequential damages and costs of the proceedings penalty imposed is fine and a penalty not to be executed by confinement in a penal institution and which has no fixed duration

- subsidiary imprisonment under special law: merely a fine shall not exceed 6 months; 1 day for every P2.50 both fine and imprisonment imposed shall not exceed 1/3 of the term of imprisonment; no case shall exceed 1 year imprisonment is more than 6 years in addition to a fine no subsidiary imprisonment fine is imposed for a violation of municipal or ordinance of ordinances of the City of Manila 1 day for every P1.00, until the

fine is satisfied provided that the total subsidiary imprisonment does not exceed 6 months, if the penalty imposed is fine alone and not more than 1/3 of the principal penalty, if it is imposed together with imprisonment

Article 40 – accessory penalties of death --- when not executed by reason of commutation or pardon: perpetual absolute disqualification civil interdiction for 30 years (if not expressly remitted in the pardon)

Article 41 – accessory penalties of reclusion perpetua and reclusion temporal: civil interdiction for life or during the sentence perpetual absolute disqualification (unless expressly remitted in the pardon of the principal penalty)

Article 42 – accessory penalties of prision mayor: temporary absolute disqualification perpetual special disqualification from suffrage (unless expressly remitted in the pardon of the principal penalty)

Article 43 – accessory penalties of prision correccional: suspension from public office, profession or calling perpetual special disqualification from suffrage (if the duration of imprisonment exceeds 18 months, unless expressly remitted

in the pardon of the principal penalty)

* there is perpetual special disqualification from suffrage, only when the duration of the imprisonment exceeds 18 months

Article 44 – accessory penalties of arresto: suspension of the right to hold office and the right of suffrage during the term of the sentence

* there is no accessory penalty for destierro

Article 45 – confiscation and forfeiture of the proceeds or instruments of the crime: (outline) every penalty imposed carries with it the forfeiture of the proceeds of the crime and the instruments or tools used in the

commission of the crime the proceeds and instruments or tools of the crime are confiscated and forfeited in favor of the government property of a third person not liable for the offense, is not subject to confiscation an forfeiture property not subject of lawful commerce (whether it belongs to the accused or to third person) shall be destroyed

- there is no forfeiture where there is no criminal case

Application of Penalties

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Section 1 – Rules for the application of penalties to the persons criminally liable and for the graduation of the same

Article 46 – the penalty prescribed by law in general terms shall be imposed: upon the principals for consummated felony

- exception: when the law fixes a penalty for frustrated or attempted felony

- graduation of penalties by degree of stages of execution: consummated frustrated attempted

- graduation of penalties by degree of the criminal participation of the offender: principal accomplice accessory

- periods of division of a divisible penalty: maximum medium minimum

Article 47 – in what cases the death penalty shall not be imposed: when the guilty person is below 18 years old; or when the guilty person is more than 70 years old; or

o (if imposable penalty is death, it is an ordinary mitigating circumstance);o (reclusion perpetua if penalized by RPC); (life imprisonment if penalized by special laws)

when upon the appeal or automatic review of the case by the Supreme Court, required majority vote is not obtained

- automatic review of death penalty cases: in all cases where the death penalty is imposed by the trial court, the records shall be forwarded to the Supreme Court for

automatic review and judgment by the court en banc

- capital offense – is an offense under the law existing at the time of its commission and at the time of the application admitted to bail, may be punished by death, although a lower penalty

- social defense and exemplary justify the penalty of death

- death penalty is imposed in the following crimes: treason piracy qualified piracy qualified bribery parricide murder infanticide kidnapping

serious illegal detention robbery with homicide destructive arson rape with homicide plunder certain violations of Dangerous Drugs Act carnapping

- where the penalty of reclusion perpetua is imposed, in lieu of the death penalty, there is a need to perfect an appeal- the records of all cases imposing death penalty, reclusion perpetua, or life imprisonment shall be forwarded by the Court of Appeals to the Supreme Court for review

Article 48 – penalty for complex crimes: the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period

- 2 kinds of complex crimes: when a single acts constitutes 2 or more grave or less grave felonies when an offense is a necessary means for committing the other (special complex crime)

- requisites when a single act constitutes 2 or more grave or less grave felonies: that only a single act is performed by the offender

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that the single act produces: (1) 2 or more grave felonies; (2) 1 or more grave and 1 or more less grave felonies; (3) 2 or more less grave felonies

- this article applies only to felonies penalized by the RPC

- compound crimes – are those committed when a single act results 2 or more grave or less grave felonies. The resultant light felony shall be treated as a separate defense.

- basis is the singularity of the act

- complex crimes proper – is a felony committed when one offense is necessary to commit another; this means that the first offense is committed to insure and facilitate the commission of the next crime

- this rule does not include: a crime to conceal another because such is not necessary to commit to conceal the other crime a crime which is an element of the other for in that case, the former shall be absorbed by the latter; such as trespassing which is

an element of robbery a crime which has the same elements as the other crime committed

* the penalty for complex crimes under article 48 is the penalty for the most serious crimes under the maximum period.

- other kinds of plurality of crimes where a single penalty is imposed are: composite crimes or special complex crimes are those which are treated as single divisible offense although comprising more

than one specific penalty; they are also called complex crimes continued crime or delito continuado also referred as continuous crime, is a single crime, consisting of a series of acts but all

arising from one criminal resolution* the moment the act is interrupted, it is considered as 2 separate crimes done on 2 different occasions

continuing crimes of transitory crimes in Rules of Court, one where any of the elements of the offense were committed in different localities, such as the accused may be indicted in any of those localities

* any offense continuing in time is charged only in one occasion

Composite Complex* the offenses comprised are fixed by law* the penalty for the specified combinations of crimes is also specific* the light felony resulting from the same act is treated separately

* the combination of the offenses are not specified but generalized, that is grave and/or less grave; or one offense being the necessary means to commit the other* the penalty is not specific but is for the most serious offense in the maximum period* the other felonies are absorbed

Article 49 – rules as to the penalty to be imposed upon the principals when the crime committed is different from that intended:(only applied to felonies)

if penalty for the felony committed is higher than the intended lower penalty shall be imposed in its maximum period if penalty for the felony committed is lower than intended lower penalty shall be imposed in its maximum period if the acts also constitutes an attempt or frustration of another crime, and the law prescribes a higher penalty for either of the

latter the penalty for the attempted or frustrated crime shall be imposed in its maximum period

Diagram of the application of Article 46 and 50-57Consummated Frustrated Attempted

Principal 0 1 2Accomplices 1 2 3Accessories 2 3 4

Article 50 – penalty to be imposed upon principals of a frustrated crime next lower in degree than that prescribed by law for the consummated felony

Article 51 – penalty to be imposed upon principals of attempted crimelower by 2 degrees than that prescribed by law for the consummated felony

Article 52 – penalty to be imposed upon accomplices in a consummated crime next lower in degree than that prescribed by law for the consummated felony

Article 53 – penalty to be imposed upon accessories to the commission of a consummated felony lower by 2 degrees than that prescribed by law for the consummated felony

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Article 54 – penalty to be imposed upon accomplices in a frustrated crime penalty next lower in degree than that prescribed by law for the frustrated felony

Article 55 – penalty to be imposed upon accessories of a frustrated crime penalty lower by 2 degrees than that prescribed by law for the frustrated felony

Article 56 – penalty to be imposed upon accomplices in an attempted crime nest lower in degree than that prescribed by law for an attempt to commit a felony

Article 57 – penalty to be imposed upon accessories of an attempted crime lower by 2 degrees than that prescribed by law for the attempt

* Bases for the determination of the extent of penalty to be imposed under the Revised Penal Code: stage reached by the crime in its development (attempted, frustrated, consummated) participations therein of the persons liable aggravating or mitigating circumstances which attended the commission of the crime

* one degree is one entire penalty* a period is one of the 3 equal proportions minimum, medium, maximum*a period of a divisible penalty, when prescribed by the Code as a penalty for a felony, is in itself a degree

Article 58 – public officers who help the author of a crime by misusing their office and duties shall suffer the additional penalties of: absolute perpetual disqualification principal offender is guilty of a grave felony absolute temporal disqualification principal offender is guilty of less grave felony

- this article applies only to public officers who abused their public functions

Article 59 – penalty for impossible crime is arresto mayor, or a fine ranging from 200 to 500 pesos

- the court must take into consideration: the social danger and the degree of criminality shown by the offender

- Article 59 is only limited to those cases where the act performed would be grave felonies or less grave felonies

Article 60 – exception to the rules in Articles 50-57 provisions contained in Article 50 to 57 shall not apply to cases where the law expresslyprescribes the penalty for a frustrated or attempted felony or to be imposed upon accomplices or accessories

- accomplice, punished as principal: Article 346 the ascendants, guardians, curators, teachers and any person who by abuse of authority or confidential

relationship, shall cooperate as accomplices in the crimes of rape, acts of lasciviousness, seduction, corruption of minors, white slave trade or abduction

Article 268 one who furnished the place for the perpetration of the crime of slight illegal detention

- accessory punished as principal: Article 142 crime of inciting sedition

- penalty for the act perpetrated is 1 degree lower instead of 2 degrees lower in the following crimes: Article 162 knowingly using counterfeited seal or forged signature or stamp of the President Article 168 illegal possession and use of a false treasury or bank note Article 173 (3) using a falsified document Article 173 (2) using a falsified dispatch

Section 2 – Rules for the application of penalties with regard to the mitigating and aggravating circumstances, and habitual delinquency

Article 61 – rules for graduating penalties are to be imposed upon persons guilty as principals of any frustrated or attempted felony, or as

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accomplices or accessories: single and divisible penalty penalty next lower in degree – immediately following that indivisible penalty in the respective

graduated scaleo example: reclusion perpetua reclusion temporal

2 indivisible penalties penalty next lower in degree – immediately following the lesser of the penalties described in the respective graduated scale

o example: reclusion perpetua to death reclusion temporal 1 or 2 indivisible penalties and the maximum period of another divisible penalty penalty next lower in degree – composed of

the medium and minimum periods of the proper divisible penalty and the maximum period of that immediately following in said respective graduated scale

o example: penalty for murder is reclusion temporal in its maximum to deatho it consists of 2 divisible penalties (death & reclusion perpetua) and 1 divisible penalty (reclusion temporal in its

maximum period)o proper divisible penalty is reclusion temporal immediately following is prision mayor

several periods, corresponding to different divisible penalties (at least 3 periods) penalty next lower in degree – composed of the period immediately following the minimum prescribed and of the 2 next following

o example: penalty composed of several periods to different divisible penalties (prision mayor in its medium period to reclusion temporal in its minimum period) period immediately following (prision mayor in its minimum period, and 2 periods next following are the maximum and medium periods of prision correccional)

not specially provided for in the 4 proceeding rules, (proceeding by analogy) shall impose the corresponding penalties upon those guilty as principals of the frustrated felony, or of attempt to commit the same, and upon accomplices and accessories

o example: penalty described for the felony (prision correccional in its minimum and medium periods) penalty next lowers (arresto mayor in its medium and maximum periods)

* The penalty prescribed by the Code for a felony is a degree. If the penalty prescribed for a felony is one of the 3 periods of a divisible penalty, that period becomes a degree, and the period immediately below is the penalty next lower in degree.

- principal in frustrated felony 1 degree lower- principal in attempted felony 2 degrees lower- accomplice in consummated felony 1 degree lower- accessory in consummated felony 2 degrees lower

- graduated scale in Article 71:1. death2. reclusion perpetua3. reclusion temporal4. prision mayor5. prision correccional

6. arresto mayor7. destierro8. arresto menor9. public censure10. fine

- indivisible penalties death; reclusion perpetua, public censure- divisible penalties reclusion temporal down to arresto menor

Article 62 – effects of the attendance of mitigating or aggravating circumstances and of habitual delinquency: par. 1 aggravating circumstances are not to be taken into account when:

o they themselves constitute a crime (ex: by “means of fire” – arson)o they are included by law in the definition of a crime

par. 2 the same rules apply when the aggravating circumstance is inherent in the crime par. 3 – aggravating or mitigating circumstances which arising from any of the following affect only those to whom such

circumstances are attendant:o from the moral attributes of the offendero from his private relations with the offended partyo from any other personal cause

* serve to aggravate or mitigate the liability of the principals, accomplices, and accessories as to whom such circumstances are attendant

par. 4 – the circumstances which consist of the following shall serve to aggravate and mitigate the liability only those who had knowledge of them at the time of the commission of the offense:

o material execution of the acto means employed to accomplish the crime

* shall serve only to aggravate or mitigate liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein

par. 5 – habitual delinquent is a person who within the period of 10 years from the date of his (last) release or last conviction of the crimes of:

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o falsificationo robberyo estafao thefto serious or less serious physical injuries* is found guilty of any of the said crimes a 3rd time or oftener

- 3 rd conviction penalty provided by law for the last crime of which he be found guilty + prision correccional in its medium and maximum periods- 4 th conviction penalty provided by law for the last crime of which he be found guilty + prision mayor in its minimum and medium periods- 5 th or additional conviction penalty provided by law for the last crime of which he be found guilty + prision mayor in its maximum period to reclusion temporal in its minimum period* the total 2 penalties to be imposed must not exceed 30 years

- maximum of the penalty shall be imposed: when in the commission of the crime, advantage was taken by the offender of his public position offense was committed by any person who belongs to an organized/syndicated crime group

- organized/syndicated crime group – a group of 2 or more people collaborating confederating of mutually helping one another for purposes of gain in the commission of the crime

Article 63 – rules for application of indivisible penalties: single indivisible penalty applied regardless of the presence of aggravating and mitigating circumstances 2 divisible penalties 1 aggravating circumstance present– higher penalty

1 mitigating circumstance present – lower penalty some mitigating circumstances present and no aggravating – lower penalty mitigating and aggravating circumstances are present – basis in number and importance; court shallallow them to offset one another

- this article applies only when the penalty prescribed by the Code is either 1 divisible penalty or 2 divisible penalties

- general rule When the penalty is composed of 2 indivisible penalties, the penalty cannot be lowered by one degree, no matter how many mitigating circumstances are present.- exception In cases of privileged mitigating circumstances

Article 64 – rules for application of penalties which contain 3 periods: no aggravating and no mitigating circumstances medium period one mitigating circumstance minimum period one aggravating circumstance maximum period mitigating (must be ordinary) and aggravating circumstance (must be generic or specific) offset each other and according to

relative weight 2 or more mitigating without any aggravating circumstance one degree lower

- this article applies only when the penalty has 3 periods because they are divisible- Article 64 does not apply to: indivisible penalties, penalties prescribed by special laws, and fines

Article 65 – rules in cases in which the penalty is not composed of 3 periods:1. Subtract the minimum from the maximum. (disregard the 1 day)2. Divide the difference by 3.3. Use the minimum of the given example as the minimum of the minimum period. Then to get the maximum of the minimum,

add the answer in number 2.4. Use the maximum of the minimum as the minimum of the medium period. Add 1 day to distinguish it from the maximum of the

minimum. Add the answer in number 2 and this becomes the maximum of the medium.5. Use the maximum of the medium as the minimum period of the maximum period and add 1 day to distinguish. Add the answer

in number 2 to get the maximum of this maximum.

Article 66 – imposition of fines: the court can fix any amount of the fine prescribed within the limits established by law the courts must consider the following in imposing the fines:

o mitigating and aggravating circumstanceso more particularly the wealth and means of the culprit

the following may also be considered by the court:

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o the gravity of the crime committedo the heinousness of its perpetrationo the magnitude of its effects on the offender’s victims

- when the minimum of the fine is not fixed, court shall have the discretion, provided it does not exceed the amount authorized by law

Article 67 – penalty to be imposed when not all the requisites of exemption of the 4th circumstance of Article 12 are present

- requisites of Article 12 par. 4: act causing the injury must be lawful act performed with due care injury was cause by mere accident no fault or intention to cause injury

- if the above conditions are not present, then the following penalties shall be imposed: grave felony arresto mayor maximum to prision correccional minimum less grave felony arresto mayor minimum to arresto mayor medium

Article 68 – penalty to be imposed upon a person under 18 years of age: under 15 but over 9 years old not exempted from liability if acted with discernment

discretionary penalty, but always lower by 2 degrees than that prescribed by law over 15 and under 18 years old penalty next lower than that prescribed by law, but always in the proper period

- Article 68 applies to such minor if his application for suspension of sentence is disapproved or if while in the reformatory institution he becomes incorrigible, in which case he shall be returned to the court for the imposition of the proper penalty

Article 69 – penalty to be imposed when the crime committed is not wholly excusable: penalty lower by 1 or 2 degrees if the majority of the conditions for justification or exemption in the cases provided in Articles 11 and 12 are present

- the court has the discretion to impose 1 or 2 degrees lower than that prescribed by law for the offense; but in determining the proper period for the penalty 1 or 2 degrees lower, the court must consider the number and nature of the conditions of exemption or justification present or lacking

Article 70 – successive service of sentences: when the culprit has to serve 2 or more penalties he shall serve them simultaneously if the nature of the penalties will so

permit otherwise the order of their respective severity shall be followed

- the respective severity of the penalties: death reclusion perpetua reclusion temporal prision mayor prision correccional arresto mayor arresto menor

destierro perpetual absolute disqualification temporary absolute disqualification suspension from public office, the right to vote

and be voted for, the right to follow profession or calling

public censure

- penalties which can be simultaneously served: perpetual absolute disqualification perpetual special disqualification temporary absolute disqualification temporary special disqualification suspension

destierro fine and bond to keep the peace civil interdiction confiscation and payment of costs

* the above penalties, except destierro, can be served simultaneously with imprisonment

- 3-fold rule: maximum duration of the convict’s sentence 3 times the most severe penalty imposed maximum duration must not exceed 40 years

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subsidiary imprisonment this shall be excluded in computing for the maximum duration* the 3-fold rule shall apply only when the convict is to serve 4 or more sentences successively

- 2 modes of serving 2 or more (multiple) penalties: simultaneously successively

- 3 different systems of penalty (relative to the execution of 2 or more penalties imposed on one and the same accused): material accumulation system – no limitation whatsoever, and accordingly, all the penalties for all the violations were imposed

even if they reached beyond the natural span of human life juridical accumulation system – limited to not more than 3-fold the length of time corresponding to the most severe and in no

case to exceed 40 years absorption system – the lesser penalties are absorbed by the greater penalties

Article 71 – graduated scales

- scale no. 1: (personal penalties deprivation of life and liberty) death reclusion perpetua reclusion temporal prision mayor prision correccional

arresto mayor destierro arresto menor public censure fine

- scale no. 2: (deprivation of political rights) perpetual absolute disqualification temporary absolute disqualification suspension from public office, right to vote & be

voted for, & right to follow a profession or calling

public censure fine

- death shall no longer form part of the equation in the graduation of penalties, pursuant to Republic Act No. 9346- the penalty next lower in degree from arresto mayor is destierro- the metropolitan and municipal courts can impose destierro

- Article 25 classification of penalties: principal

o capitalo afflictiveo correctionalo light

accessories

- Article 70 classification of penalties for the purpose of successive service of sentences, according to their severity: destierro is placed under arresto menor because destierro is considered lighter “severity”

- Article 71 provides for scales which should be observed in graduating the penalties destierro is placed above arresto menor being classified as a correctional penalty “ lower or higher”

Article 72 – when a person is found guilty of 2 or more offenses, the penalties shall be classifies according to the chronological order of the dates ofthe final judgment; and not on the commission of the offense

Section 3 – Provision common to the last 2 preceding sections

Article 73 – presumption in regard to the imposition of accessory penalties:

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accessory penalties are deemed imposed with the principal penalty however, the subsidiary imprisonment must be expressly stated in the decision, as it is not considered an accessory penalty

Article 74 – penalty higher than reclusion perpetua in certain cases when a given penalty has to be raised by 1 or 2 degrees and the resulting penalty is death according to the scale, but it is not specifically provided by law as a penalty, the latter cannot be imposed the given penalty and the accessory penalties of Article 40 shall be considered as the next higher penalty the penalty higher than reclusion perpetua cannot be death, because the penalty of death must be specifically imposed by law as a penalty for a given crime

Article 75 – increasing or reducing the penalty of fine by 1 or 2 degrees it shall be increased or reduced, for each degree, by ¼ of the maximum amount prescribed by law; without changing the minimum

- example of reducing fine by 1 or 2 degrees: fine = 200 to 2,000 to find each degree; ¼ of 2,000 = 500 take 500 from the maximum of the next higher degree therefore, 1 degree lower = 200 minimum and 1,500 maximum; 2 degrees lower = 200 minimum and 1,000 maximum

- example of increasing fine by 1 degree: fine = 200 to 6,000 to find each degree; ¼ of 6,000 = 1,500 add 1,500 to the maximum of the next higher degree therefore, 1 degree higher = 200 to 7,500

- under this article, the fine must have minimum and maximum- the court cannot change the minimum of 200- if the minimum is not fixed by law, it is left to the discretion of the court without exceeding the maximum authorized by law

Fine with a minimum Fine without a minimum* law fixes the maximum of the fine

* the court cannot change that minimum * if there is only maximum, the court cannot impose any amount exceeding such maximum

* when law fixes both the minimum and maximum, the court can impose an amount higher than the maximum* whereas, when only the maximum is fixed, it cannot impose an amount higher than the maximum

Article 76 – legal period of duration of divisible penalties shall be considered as divided into 3 parts, forming 3 periods, the minimum, themedium and the maximum

- computation of divisible penalties divided into 3 periods: example: reclusion temporal = 12 years & 1 day to 20 years maximum minus minimum; 20 years – 12 years = 8 years divide into 3 periods: 8 years / 3 = 2 years & 8 months

minimum period: 12 years (1 day)+ 2 years & 8 months14 years & 8 months 12 years & 1 day to 14 years & 8 months

medium period: 14 years & 8 months+ 2 years & 8 months17 years & 4 months 14 years, 8 months & 1 day to 17 years & 4 months

maximum period: 17 years & 4 months+ 2 years & 8 months20 years 17 years, 4 months & 1 day to 20 years

- “period” – each of the 3 equal parts of a divisible penalty- “degree” – the diverse penalties mentioned by name in the Revised Penal Code

Article 77– when the penalty is a complex one composed of 3 distinct penalties each one shall form a periodlightest shall be the minimum; the next the medium; the most severe the maximum

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- example: reclusion temporal to death-minimum reclusion temporal- medium reclusion perpetua- maximum death

- complex penalty – the penalty prescribed by law composed of 3 distinct penalties, each forming a period

Execution and service of penalties

General provisions

Article 78 – when and how a penalty is to be executed: only a penalty by final judgment can be executed judgment is final if the accused has not appealed within 15 days or he has expressly waived in writing that he will not appeal there could be no subsidiary penalty if it was not expressly ordered in the judgment

Article 79 – suspension of the execution and service of the penalties in case of insanity: if the convict become insane or imbecile after the final sentence has been pronounced execution is suspended (personal

penalty) if he recovers sentence has be executed; unless the penalty has prescribed if while serving his sentence he becomes insane or imbecile above provisions shall be observed but the payment of civil or pecuniary liabilities shall not be suspended

Article 80 – suspension of sentence of minor delinquents (as repealed by P.D. 603: Child and Youth Welfare Code)

- “Child” – a person under 18 years old- “Child in conflict with the Law” – a child who is alleged as, accused of, or adjudged as, having committed an offense under Phil. Laws- “youthful offender” – over 9 but under 18 at time of the commission of the offense

A child 9 years of age or under at the time of the commission of the offense shall be exempt from criminal liability and shall be committed to the care of his/her father/mother, or nearest relative or family friend on the discretion of the court and subject to its supervision.

A child over 9 years and under 15 years at the time of the commission of the offense the same shall be done, unless he acted with discernment in which case shall will be proceeded against in accordance with Article 92.

A youthful offender held for examination or trial who cannot furnish bail will be committed to the DSWD/local rehabilitation center or detention home.

If the court finds that the youthful offender committed the crime charged against him, it shall determine the imposable penalty and the civil liability charged against him, but it may not pronounce judgment or conviction. Instead, the court shall suspend all further proceedings if, it finds that the best interest of the public and that of the offender will be served thereby* Exceptions to suspension of sentence:

o Those who previously enjoyed suspension of sentenceo Those convicted of death or life imprisonmento Those convicted for an offense by the military tribunals

The youthful offender shall be returned to the court for the pronouncement of judgment, when the youthful offender,o Has been found incorrigible, oro Has willfully failed to comply with the conditions of his rehabilitation programs, oro When his continued stay in the training institution would be inadvisable.

When the youthful offender has reached the age of twenty one while in commitment, the court shall determine whether-o To dismiss the case, if the youthful offender has behaved properly and has shown his capability to be a useful

member of the community; oro To pronounce the judgment of conviction, if the conditions mentioned are not met

In the latter case, the convicted offender may apply for probation. In any case, the youthful offender shall be credited in the service of his sentence with the full time spent in the actual commitment and detention.

The final release of a youthful offender based on good conduct as provided in Article 196 shall not obliterate his civil liability for damages.

A minor who is already an adult at the time of his conviction is not entitled to a suspension of sentence. The records of the proceeding shall be privileged and shall not be disclosed. The civil liability of the youthful offender may be voluntarily assumed by a relative or a friend. The parent or guardian of the child is liable when he aides, abets or connives for the commission of the crime or does an act

producing, promoting or contributing to the child’s being a juvenile delinquent. Penalties for the parent/guardian: fine not exceeding 500 and/or imprisonment not exceeding 2 years.

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- the court shall take into consideration the religion of such minor, his parents or next of kin- the Director of Public Welfare, or his duly authorized representatives, shall submit to the court every 4 months a written report on the good or bad conduct of said minor- suspension of proceedings may be extended or shortened by the court on the recommendation of the DPW- if the minor has been committed to the custody or care of any institutions mentioned, such minor may be allowed to stay elsewhere under the care of a responsible person- if the minor has behaved properly and has complied with the conditions, he shall be returned to the court in order that the same may order his final release- if the minor fails to behave properly or to comply with the regulations of the institution, he shall be returned to the court in order that the same may render the judgment corresponding to the crime committed by him- the expenses for the maintenance of a minor delinquent:

shall be borne by his parents/relatives or those persons liable to support him if parent/relatives have not been ordered to pay:

municipality in which the offense was committed 1/3 province to which the municipality belongs 1/3 National Government 1/3

Execution of principal penalties

Article 81 – when and how the death penalty is to be executed: death sentence should be executed with reference to any other penalty through lethal injection shall be executed under the authority of the Director of the Bureau of Corrections and he shall take steps to ensure that the

lethal injection to be administered is sufficient to cause the instantaneous death of convict all personnel involved in the administration of lethal injection must be trained authorized physician of the Bureau of Corrections officially makes a pronouncement of the convict’s death death sentence shall be carried out not earlier than 1 year nor later than 18 months after judgment has become final and

executory

- imposition of death penalty is recommendatory in the Regional Trial Court, and it needs the review and affirmation by the Supreme Court of at least 8 by the magistrates- the “court” which designated the date of execution is the trial court

Article 82 – notification and execution of the sentence and assistance to the culprit the court shall designate a working day, which shall not be communicated to the offender before the sunrise of said day the execution shall not take place until after the expiration of a least 8 hours following such notification during the interval between the notification and execution, the culprit shall be furnished such assistance a convict sentenced to death may have the right to consult a lawyer and make a will

Article 83 – death sentence shall be suspended when the accused is: woman, while pregnant woman, within 1 year after delivery person over 70 years of age convict who becomes insane after final sentence of death has been pronounced

Article 84 – place of execution: penitentiary or Bilibid in a space closed to the public view

- persons who may witness the execution: priests assisting the offender offender’s lawyers offender’s relatives, not exceeding 6, of so requested physician necessary personnel of penal establishment

Article 85 – provisions relative to the corpse of the person executed and its burial unless claimed by the family, the corpse of the culprit shall be turned over to the institute of learning or scientific research otherwise, the director of Prisons shall order burial of the body of the culprit at government expense the burial should not the held with pomp

Article 86 – penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor shall be executed and served

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in the places and penal establishments provided by the Administrative Code in force

Article 87 – execution of destierro: convict shall not be permitted to enter the place designated in the sentence nor within the radius specified, which shall not be

more than 250 and not less than 25 km from the place designated if the convict enters the prohibited area, he commits evasion of sentence

- destierro shall be imposed in the following cases: death of serious physical injuries is caused or are inflicted under exceptional circumstance person fails to give bond for good behavior concubine’s penalty for the crime of concubinage lowering the penalty by degrees

Article 88 – arresto menor shall be served: in the municipal jail in the house of the offender, but under the surveillance of an officer of the law whenever the court so provides in the decision

due to the health of the offender; but the reason is not satisfactory just because the offender is a respectable member of the community

EXTINCTION OF CRIMINAL LIABILITY

Total Extinction of Criminal Liability

Article 89 – criminal liability is totally extinguished: by death

o extinguishment of criminal liability is a ground for motion to quasho criminal liability whether before or after final judgment is extinguished upon death because it is a personal penaltyo pecuniary penalty is extinguished only when death occurs before final judgmento the death of the offended party however does not extinguish criminal liability of the accused because it is a crime

against the state by service of sentence

o crime is a debt, hence extinguished upon paymento service does not extinguish civil liability

by 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

by absolute 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

by prescription of crime – is the loss/forfeiture of the right of the state to prosecute the offender after the lapse of a certain time

o note: When the crime prescribes, the state loses the right to execute.o Crimes punishable by:

Death, reclusion perpetua or reclusion temporal – 20 years Afflictive penalties – 15 years Correctional penalties – 10 years Except those punishable by arresto mayor which shall prescribe in 5 years

o Crime of libel – 1 yearo Offenses of oral defamation and slander by deed – 6 monthso Light offenses – 2 months

* When the penalty is a compound one, the highest penalty shall be made the basis of the application of above rules. by prescription of penalty – means the loss/forfeiture of the right of government to execute the final sentence after the lapse of

a certain time- conditions:

o there must be a final judgmento the period must have elapsed

- prescriptive periods of penalties:o death and reclusion perpetua – 20 yearso other afflictive penalties – 15 yearso correctional penalties – 10 years, except for the penalty of arresto mayor which prescribes in 5 yearso light penalties – 1 year

by marriage of the offended woman (Art. 344)- crimes covered:

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o rapeo seductiono abductiono acts of lasciviousness

* The marriage must be contracted in good faith.

Pardon Amnesty* extended to classes of persons who may be guilty of political offenses * exercised individually by the President* exercised even before trial or investigation * exercised when one is convicted* looks backward and abolishes the offense itself * looks forward and relieves the offender of the consequences* does not extinguish civil liability * does not extinguish civil liability (same)* a public act that needs the declaration of the President with the concurrence of Congress

* a private act of the President

* courts should take judicial notice * must be pleaded and proved

Article 90 – prescription of crimes: reclusion perpetua or reclusion temporal – 20 years afflictive penalties – 15 years correctional penalties – 10 years except those punishable by arresto mayor – 5 years crime of libel or other similar offenses – 1 year offenses of oral defamation and slander by deed – 6 months light offenses – 2 months when the penalty is a compound one – the highest penalty shall be made the basis of the application of above rules

- note: In computing for the period, the first day is excluded and the last day included. Period is subject to leap years. When the last day of the prescriptive period falls on a Sunday or a legal holiday, the information can no longer be filed the

following day. Simple slander – 2 months; Grave slander – 6 months Since destierro is a correctional penalty, it prescribes in 10 years. If fine is an alternative penalty (imposed together with a penalty lower than fine), fine shall be the basis. Prescription begins to run from the discovery thereof. It is interrupted when proceedings are instituted and shall begin to run

again when the proceedings are dismissed. If an accused fails to move quash before pleading, he is deemed to have waived all objections, except if the grounds are:

o Facts charged do not constitute an offenseo Court has no jurisdictiono Criminal action or liability has been extinguishedo The averments, if true, would constitute a legal excuse or justification

Prescription does not take away the court’s jurisdiction but only absolves the defendant and acquits him.

Article 91 – computation of prescription of offenses: Period of prescription runs from the day on which the crime is discovered by offended party, or authorities, or their agents It is interrupted by the filing of the complaint or information It commences to run again when such proceedings terminate (termination that is final; an unappealed conviction or acquittal):

o Without the accused being convicted or acquittedo The proceeding is unjustifiably stopped for a reason not imputable to the offender

The term of prescription shall not run when the offender is absent from the Philippines

- Article 91 applies to a special law when said law does not provide for the application but only provides for the period of prescription.

Article 92 – when and how penalties prescribe: death and reclusion perpetua – 20 years other afflictive penalties – 15 years correctional penalties – 10 years except those punishable by arresto mayor – 5 years light penalties – 1 year

- note: Final sentence must be imposed.

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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.

Fines less than 200 fall under light penalty. Those above are correctional.

Article 93 – computation of the prescription of penalties: the period of prescription commences to run from the date when the culprit evaded the service of his sentence

- requisites: Penalty is imposed by final sentence. Convict evaded service of his sentence by escaping during the term of his sentence. Convict has not given himself up, or been captured, or gone to a foreign country with which we have no extradition treaty, or

committed another crime. Penalty has prescribed, because of the lapse of time from the date of the evasion of the service of the sentence.

- interruption of the period, if the convict: gives himself up be captured goes to a foreign country in which the Philippines has no extradition treaty commits another crime before the expiration of the period of prescription accepts a conditional pardon

Partial Extinction of Criminal Liability

Article 94 – criminal liability is extinguished partially: by conditional pardon by commutation of the sentence; and for good conduct allowances which the culprit may earn while he is serving his sentence

- conditional pardon – contract between the sovereign power of the executive and the conflict* note: convict shall not violate any of the penal laws of the Philippines

- commutation – change in the decision of the court by the chief regarding the: degree of the penalty by decreasing the length of the imprisonment or fine

- commutation allowed when: person is over 70 years old 8 justices failed to reach a decision affirming the death penalty

- good conduct allowance – allowances for good conduct are deductions from the term of the sentence for good behavior

- parole – consists in the suspension of the sentence of a convict after serving the minimum term of the indeterminate penalty, without granting a pardon, prescribing the terms upon which the sentence shall be suspended.

Conditional pardon Parole* given after final judgment * given after service of the minimum penalty* granted by Chief Executive * given by the Board of Pardons and Parole* for violation, convict may be ordered rearrested or reincarcerated, or may be prosecuted under Article 159

* for violation, may be rearrested, convict serves remaining sentence

Article 95 – obligation incurred by a person granted conditional pardon: He must comply with the conditions imposed in the pardon. Failure to comply with the conditions shall result in the revocation of the pardon. He becomes liable under Article 159. This is the judicial remedy.

Article 96 – effect of commutation of sentence: The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in place of the former.

Article 97 – allowance for good conduct:

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Years Allowancefirst 2 years 5 days per month of good month3rd to 5th years 8 days per month of good monthfollowing years up to 10th year 10 days per month of good month11th year and successive years 15 days per month of good month

- note: Allowance for good conduct not applicable when prisoner released under conditional pardon. Good conduct time allowance is given in consideration of good conduct of prisoner while he is serving sentence.

Article 98 – special time allowance for loyalty: This article applies only to prisoners who escaped. There is a deduction of 1/5 of the period of sentence of prisoner who, having evaded the service of his sentence during the

calamity or catastrophe mentioned in Article 158, gives himself up to the authorities within 48 hours following the issuance of the proclamation by the President announcing the passing away of the calamity or catastrophe.

The deduction is based on the original sentence and not on the unexpired portion. Article 158 provides for increased penalties:

o A convict who has evaded the service of his sentence by leaving the penal institution on the occasion of disorder resulting from a conflagration, earthquake, explosion or similar catastrophe or during a mutiny in which he did not participate, is liable to an increased penalty (1/5 of the time still remaining to be served – not to exceed 6 months), if he fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing away of the calamity.

Article 99 – who grants time allowance: the Director of Prisons shall grant allowances for good conduct such allowance one granted, shall not be revoked

CIVIL LIABILITY

Persons Civilly Liable for Felonies

2 classes of injuries: Social injury – produced by the disturbance and alarm which are the outcome of the offense Personal injury – caused to the victim of the crime who may have suffered damage, either to his person, to his property, to his honor, or

to her chastity

Article 100 – every person criminally liable for a felony is also civilly liable

- 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 because there are no damages or there is no private person injured by the crime

- damages that may be recovered in criminal cases: crimes against property – damages based on the price of the thing and its special sentimental value crimes against persons – (like the crime of physical injuries) whatever he spent for the treatment of his wounds, doctor’s fees,

and for medicine, as well as salary or wages unearned by him because of his inability to work 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, and in malicious prosecution exemplary damages – imposed when crime was committed with one or more aggravating circumstances

- note: If there is no damaged caused by the commission of the crime, offender is not civilly liable. Dismissal of the information of the criminal action does not affect the right of the offended party to institute or continue the

civil action already instituted arising from the offense, because such dismissal does not carry with it the extinction of the civil one.

When the accused is acquitted on the ground that his guilt has not been proven beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted.

Exemption from criminal liability in favor of an imbecile or insane person, and a 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 the impulse of an uncontrollable fear of an equal or greater injury does not include exemption from criminal liability.

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Acquittal in the criminal action for negligence does not preclude the offended party from filing a civil action to recover damages, based on the theory that the act is quasi-delict.

When the court found the accused guilty of criminal negligence but failed to enter judgment of civil liability, the private prosecutor has the right to appeal for the purposes of the civil liability of the accused. The appellate court may remand the case to the trial court for the latter to include in its judgment the civil liability of the accused.

Before the expiration of the 15-day period to appeal, the trial court can amend the judgment of conviction by adding a provision for the civil liability of the accused, even if the convict has started serving the sentence.

If the offender dies prior to the institution of the action or prior to the finality of the judgment, civil liability ex delito is extinguished.

An independent civil action may be brought by the injured party during the pendency of the criminal case provided the right is reserved. Reservation is necessary in the following cases:

o Any of the cases referred to in Article 32 (perpetual or temporary disqualification for exercise of the right of suffrage)o Defamation, fraud or physical injury (bodily injury and not the crime of physical injury)o Civil action is against a member of the city or municipal force for refusing or failing to render aid or protection to any

person in case of danger to life or property.

- prejudicial question – one which arises in a case, the resolution of which is a logical antecedent of the issue involved in said case and the cognizance of which pertains to another tribunal

- for the principle to apply, it is essential that there be 2 cases involved, a civil and a criminal case- prejudicial questions must be decided before any criminal prosecution may be instituted or may proceed

Article 101 – rules regarding civil liability in certain cases

general rule: Exemption from criminal liability does not include exemption from civil liability. exception: No civil liability in Art. 12, par. 4 and 7.

* par. 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

primarily persons having legal authority or control over him, if at fault or negligent (except if proven that they acted without fault or with due diligence) if there is not fault or negligence, or even with fault but are insolvent and there are no persons having legal authority over them, the property of the insane, minor or imbecile not exempt from execution shall be held liable

over 15 but under 18, with discernment the father, and in case of death or incapacity, the mother are responsible for the damages caused by the minor children who live in their company guardians over minors who are under their authority and live in their company if there are no parents or guardian, the minor or insane person shall be answerable with his own property in an action against him where a guardian ad litem shall be appointed

* final release of a 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 the evil or injury shall be civilly liable in proportion to the benefit he received- civil liability in case of state of necessity Those who benefited by the act are liable. The court shall determine the proportionate amount for which each shall be liable. If the government or majority of the inhabitants are held responsible, such will be determined by special laws or regulations.

Article 102 – subsidiary civil liability of innkeepers, tavernkeepers, and proprietors of establishments:

par. 1 requisites:o the innkeeper, tavernkeeper, or proprietor of the establishment or his employee committed a violation of municipal

ordinance or some general or special police regulationo a crime is committed in such establishmento the person criminally liable is insolvent

* note: When all these a present, the innkeeper, tavernkeeper or any other person or corporation is subsidiarily liable for the crime committed in his establishment.

par. 2 requisites:o the guests notified in advance the innkeeper of the deposit of such goods within the inn or house

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o the guests followed the directions of the innkeeper or his representative with respect to the care of and vigilance over such goods

o such goods of the guests lodging therein were taken by robbery with force upon things or theft committed within the inn or house

Article 103 – subsidiary civil liability of other persons

- elements: the employer, teacher, person or corporation is engaged in any kind of industry any of their servants, pupils, workmen, apprentices or employees commits a felony while in the discharge of their duties the said employee is insolvent and has not satisfied his civil liability

- industry – any department or branch of art, occupation, business; esp., one which employs so much labor and capital and is a distinct branch of trade

- note: Hospitals are not engaged in industry; hence they are not subsidiarily liable for acts of nurses. Private persons without business or industry are not subsidiarily liable. A separate trial is not necessary to enforce the subsidiary liability of the offender. The judgment obligee only needs to file a

motion for subsidiary execution. During the hearing of the said motion, it is incumbent upon the movant to prove that:o an employer-employee relationship existso the employer is engaged in an industryo the convict committed the crime while in the discharge of his dutieso the writ of execution was returned unsatisfied

The employer’s subsidiary liability arises when it is proved that the convict committed the crime while at the service of the employer and the writ of execution issued against the accused is returned unsatisfied. On the other hand, if the convict committed the crime but not in the service of an employer and he cannot pay his civil liability, Article 39 on subsidiary penalty will apply.

What Civil Liability Includes

Article 104 – civil liability under the Revised Penal Code: Restitution – in theft, the culprit is duty bound to return the property stolen Reparation of damages – in case if inability to return the property stolen, the culprit must pay the value of the property stolen

- in case of physical injuries, the reparation of the damage caused would consist in the payment of hospital bills, and doctor’s fees to the offended party

Indemnification of consequential damages – the loss of salary or earnings

Article 105 – restitution; how made: The restitution of the thing itself must be made whenever possible The thing itself shall be restored, even though it be found in the possession of a 3rd person who has acquired it my lawful means This is not applicable in cases in which the thing has been acquired by the 3rd person in the manner and under the requirements

which, by law, bar an action for its recovery

Article 106 – reparation; how made: (refers to crimes against property) Court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its

special sentimental value

Article 107 – indemnification; what is included: (refers to crimes against persons) Not only those caused the injured party But also those suffered by his family or a 3rd person by reason of the crime

Article 108 – obligation to make restoration, reparation for damages, or indemnification for consequential damages devolves upon the heirs of theperson liable- and the action to demand the same likewise descends to the heirs of the person injured

Article 109 – share of each person civilly liable (if there are 2 or more persons) shall be determined by the court

Article 110 – preference in enforcement of subsidiary penalty: Against the property of the principal Against that of the accomplice

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Against that of the accessories

Article 111 – obligation to make restitution in a certain case any person who has participated gratuitously in the proceeds of a felony; and in anamount equivalent to the extent of such participation

Extinction and Survival of Civil Liability

Article 112 – civil liability is extinguished by: Payment of performance Loss of the thing due Condonation or remission of the debt Confusion or merger of the rights of creditor and debtor Compensation Novation

Article 113 – obligation to satisfy civil liability: Unless extinguished, civil liability subsists even if the offender has served sentence consisting in deprivation of liberty or other

rights or has not served the same, due to amnesty, pardon, commutation of the sentence of any other reason. Under the law as amended, even if the subsidiary imprisonment is served for non-payment of fines, this pecuniary liability of

the defendant is not extinguished. While amnesty wipes out all traces and vestiges of the crime, it does not extinguish the civil liability of the offender. A pardon

shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence. Probation affects only the criminal aspect of the crime.

INDETERMINATE SENTENCE LAW

- It modifies the imposition of penalties under both RPC and Special Laws. The sentence must fix a minimum and a maximum period of penalty.- It is indeterminate after the convict has served the minimum penalty when he becomes eligible for parole and his continued stay in prison depends upon his conduct inside. The minimum must be served. When released the rest of his sentence must be under the supervision of the parole officer.

ISLAW is not applicable: In indivisible penalties of death, life imprisonment, and reclusion perpetua pursuant to Article 63 which provides that when the penalty

imposed is single and indivisible, the same shall be imposed without regard to any modifying circumstance Prison terms of not more than 1 year. Crime of treason, proposal or conspiracy to commit reason, misprision of treason, rebellion, espionage, sedition and piracy. Offenders who are habitual delinquents, escapees from confinement, evaders of sentence, violators of conditional pardon granted by the

Chief Executive.~ Note that recidivists are entitled to an indeterminate sentence.

Non-prison sentence of destierro, disqualification etc.

How does ISLAW operates: The sentence must state: “within the range of (for instance) prision mayor as minimum and within the range of reclusion temporal as

maximum”. This is necessary because of the accessory penalties. The maximum period is determined by considering the presence of modifying circumstances applying the rules in Article 64. Privilege

modifying circumstance must first be considered before applying the said rules. The minimum is fixed at 1 degree lower than that provided by the Code The minimum must be taken from any period of the penalty next lower in degree. The penalty next lower should be based on the penalty

prescribed by the code for the offense without first considering any modifying circumstances attendant to the commission of the crime. The determination of the penalty is left by the law to the sound discretion of the court and it can be anywhere within the range of the penalty into which it might be subdivided. The modifying circumstance are considered only in the imposition of the maximum term of the indeterminate sentence

For complex crime – the penalty for the most serious offense shall be the basis for applying Indeterminate Sentence Law. The one degree lower penalty should, conformably, with the penalty for the complex crime, be imposed in its maximum period

o Get 1 degree of penalty imposedo Minimum from 1 degree lower --- period discretionaryo Apply rule on application / application of modifying circumstanceo Range: minimum of minimum and maximum of maximum

PROBATION LAW

- Probation is a special privilege granted by the State to qualify offender. It essentially rejects appeals and encourages an otherwise eligible convict to immediately admit his liability and save the time, effort, and expenses to jettison an appeal.

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- Exception: R.A. No. 9344

- The grant of probation rests primarily upon the discretion of the court which is ti be exercised primarily for the benefit of the society as a whole and only incidentally for the benefit of the accused- Probation is a mere privilege, not a right. Its benefits cannot extend to those expressly excluded, I t is an act of grace and clemency or immunity conferred by the sate which may be granted by the court to a seemingly deserving defendant who thereby escapes the extreme rigors of the penalty imposed by law for the offense.

Objectives: To promote correction and rehabilitation of offender by giving him individualized treatment (positivist theory). To provide better opportunity for the offender to reform. To prevent further commission of crimes as he is placed under the supervision of a probation officer. To decongest the jails. The save the government much needed funds which would be spent on maintaining him inside the jail.

- The application must be filed within the period for perfecting appeal as prescribed in section 4. Prevailing jurisprudence treats appeal and probation as mutually exclusive remedies.

Disqualified offenders: Sentenced to a maximum term of more than 6 years (probation penalty is 6 years and below) Convicted of subversion or any crime against national security or public order Previously convicted by final judgment of offense punishable by imprisonment of not less than 1month and 1 day and/or a fine of not less

than 200,000 pesos Who have been once on probation under the provisions of this Decree Who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33 hereof

Conditions imposable on the grantee: present himself to the probation officer designated to undertake his supervision at such place as may be specified in the order within 72

hours from receipt of said order; report to the probation officer at least once a month at such time and place as specified by said officer

* The court may also require the probationer to:(a) cooperate with a program of supervision;(b) meet his family responsibilities;(c) devote himself to a specific employment and not to change said employment without the prior written approval of the probation officer;(d) undergo medical, psychological or psychiatric examination and treatment and enter and remain in a specified institution, when required for that purpose;(e) pursue a prescribed secular study or vocational training;(f) attend or reside in a facility established for instruction, recreation or residence of persons on probation;(g) refrain from visiting houses of ill-repute;(h) abstain from drinking intoxicating beverages to excess;(i) permit the probation officer or an authorized social worker to visit his home and place of work;(j) reside at premises approved by it and not to change his residence without its prior written approval; or(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive of his liberty or incompatible with his freedom of conscience

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CRIMINAL LAW I

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